Omaha daily bee., 1910-04-19
LAST APPEAL IN LAND CASES
Defense Of Fraud Defendants Make
Final Effort to Escape.
REHEARuG Is TWICE REFUSED
Appellate Court second Time De-
eIines Interferencc I'm Judgment
and Cnse VIII Go Into
Supreme Court.

For a second time the United States cir
cult court OF appeals has declined TO inter
fere with the Judgment OF the United States
district court OF Nebraska in the matter OF
Bartlett Richards. W. G. C0mstock. c.. C..
Jameson and AquiIla Triplett. convicted OF
conspiracy to defraud the government out
OF use. possession and title to a large area
Of public lands by means OF fraudulent
entire.
These parties were indicted with Thomas
N. Huntington, Fred Hnyt and A. B. Todd
in one general blanket Indictment on the
foregoing charge sane Is. 1905. In the case
OF Richards. ComstOck, Jameson and
rriplstt. the trial began November q. 1906.
and ended December q. 1895. with a verdict
Of guilty as to each OF the Defendants. The
convicted men were a~rraigned for sentence
March Is, 1907 Richards and Comstock
we're sentenced 10 pay a fine OF $500 each
and to be confined in the Douglas county
jail one year. Jameson and Triplett were
sentenced to pay a fine OF $500 each and
to eight months imprisonment each in the
Douglas county Jail.
The trial OF Huntington, Todd and Hoyt
began April s, 1907 and ended April 10, 1901.
with a verdict Of guilty. Huntington and
Todd were sentenced to pay a fine Of $1,000
each and to be imprisoned in the Douglas
county Jail for three months. Hoyt was
sentenced merely to pay a fine OF 1900
with no imprisonment.
Appeal on Alleged Error.
The entire seven cases were carried to
the circuit court Of appeals on alleged
error. but the appeal was denied about
four months ago, and the defendants were
all given sixty days to file a motion for
a rshearing to the same court.
It is this motion Tor a reheariug that has
Just been denied. and now as a last re-
course. the attorneys for all the defendants
will apply to the United state supreme
court for a writ Of certiorari. which ia
equivalent to another application for a new
trial.
The trial OF the cases against the two
groups Of defendants excited the widest
interest throughout the entire country be-
cause Of the eminence Of the W principal
defendants. Bartlett Richard and w. g.
Comstoek. as the leading cattle men of
northern Nebraska. their great ranch of
several hundred thousand acres being
known as the Spade ranch located in north
s-r and northwest Nebraska.
Indicted seven Years Past.
In a previous case these same two de-
PENDANTS had an Indictment returned
against them December 10. 1903. charging
them with illegally fencing a large area
OF public lands. and they were reindicted
on the same charge in May, 1905, when
Richards and Comtsock pleaded guilty in
November. 1905. to the indictments and
were sentenced to pay a fine OF $500 each
and to six hours confinement each in tht
custody OF the United States marshal. TIL
two men were turned over to their at.
torney. r. S. Hall by the United States
marshal. T. L. Mathews, as specia.
custodian, and were taken to the Omaha
club. where they spent the six hours OF
their confinement. The lightnsss of the
sentence was believed by the Department
OF Justice TO have been due to a lack OF
proper prosecution, and the result wa.
that the then United States Marshal t. L
Mathews and United States Attorney I. F
Baxter were summarily removed from of.
flee by President Roosevelt.
William P. Warner was Immediately an
pointed to succeed Mr.. Mathews as United
States marshal and Charles A. Goss be
came United States attorney, s~ucceedin,
Mr.. Baxter.
The trial OF the defendants on the thru
Indictment which resulted in conviction, E,
document OF over 5000 pages was eonducte,
by Special Assistant Attorney Genera
s. r. Rush and United States ATTORNEY
Charles A Goss. assisted by Assistan
United States Attorney A. W. Lane.
The first group of defendants was rep
resented by R. s. Hall and J. F. Stout o
Omaha n A. w. Critics OF Chadron. Tn,
attorneys for Huntington. Todd and Hoy
were Gurley & Woodrough Of Omaha.