The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1910-11-11
CHARGES ARE SENSATIONAL
DROVE OFF HOMESTEAD.
ERS WITH GUNS.
sane man PUT IN ASYLUM
Railroaded to Institution Without
Chance to Have Counsel or Sc
cure Hearing.


been made public. The indictments
charge conspiracy to drive from their
claims at the points Of guns home
steaders who took sections of semi
arid land under the Kinkaid home
stead law by the defendants. Those
indicted are are Perry S. Yeast, of
Hyannis, Neb.; his son, Frank W..
Yeast. Leslie E. Ballinger, NJ C..
Hubbell, Emil Anderson, Wilmot T..
Emerson. Harry Sutton, Boone B.
Hawthorne and DR.. Harry H. Huff
DR.. Huff. who is a prominent physi-
clan. and Sutton, who is county at
torney, are both members of the
county insanity board.
There are four counts in the in
dctments and the specific overt acts
mentioned indicate an unusual from
tier condition.
According to the charges made in
the indictment Yeast and his associ-
ates carried their efforts so far as
sane asylum at Hastings, Neb., OF
one of their alleged victims.
When the Kinkaid homestead law
was passed many persons went to
Grant, Banner. Garden, Cherry and
other western Nebraska counties and
took up quarter sections. The land
ic in Tho capdh;11e oo,,tr1y l,,,+ no,
tains many fertile valleys. The
hsmesteaders generally lived in tents
and depended on the valley land for
their living. Several big ranchers,
among them Yeast, and his associ-
ates, have heretofore depended on
this valley land for their hay for
winter feeding, and the settling of
hemesteaders was resented.
The Indictment charges that a
band of about thirty persons. headed
by Yeast, went to the homes of many
Of these homesteaders, among them
Cashier J. Davasher, George Carpen-
ter, Golba D. Graves, George Bah
cock, Henry S. Coulson and others.
and by intimidation and threats of
taking their lives and those of their
families forced them to leave their
claims.
The specific case of Davasher is
mentioned in detail. 1t is charged
that Yeast and the other defendants.
accompanied by band of cowboys,
visited Davasher's home and after
threatening himself and family with
death If they did not leave the coun-
try, destroyed him home, broke up
his machinery, cut his harness to
pieces and in other ways mistreated
him. Later, according to the indict-
meat, Davasher declared if the men
returned he would meet them with a
gun. Yeast, It IS charged. because
Of this remark, swore out a warrant
for Davasher and had him brought
into court. When the Judge declined
to do more than put Davasher under
bonds to keep the peace, the indict-
ment states. Yeast conspired with
members of the county insanity
beard and secured Davasher's incar-
ceration in the asylum.
This latter act, according to the
Indictment, was committed in a high
handed manner. On announcement
Of the court that Davasher had COM
nitted no act which would justify a
Jail sentence, Yeast and his attorney
secured the presence of the insanity
commissioners who, it Is alleged,
went through mock examination
declared Davasher insane and issued
a warrant for his arrest This was
served on the SPOT and within an
hour he was rushed off to the asy-
hum without being permitted to have
counsel or secure hearing.
Davasher's case was brought to
the attention of the superintendent,
Of the institution, who was not there
when Davasher arrived. The super.
3ntendent, however, in looking over
the commitment papers became sus.
picious and called in an expert and
conducted an examination into the
case. He at once decided Davashe1
was not insane and advised the lat.
ter to institute habeas corpus pro.
eeedings. This was done and asy.
lum officials appeared in Davasher's
behalf, his release following short
time ago.
According to an official of the in.
terror department the present indict.
ment covers one of the most remark.
able attempts at land grabbing which
has recently been brought to the at.
tention of the department. A letter
written by one of the victims t.
President Taft is said to have caus
ed the investigation which resulted