Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-07
B. M Fox, J. Z. Townsend and w ?.
Miles Are Defendants
CASE Is TRIED BEFORE M,
Indictment Alleges at Least Ten
Homesteaders Were Used.
CORPORATION WAS TO GET LAl
Jury IL Chosn uiclCIy, one VenireMat
Declaring Preiudice-PrOsecut
Makes Plain Course of Pro-
dare ~ Does Defense

viction of a number of so-called cattle
barons for causing false entries TO be made
on western Nebraska homestead land Is
one that went 70 trial before Judge Munger
in United states district court Monday
The defendants are Benjamin M. Fox
George Il Townsend and w. p Miles
charged in a federal Indictment with con-
splracy 10 defraud the government out OK
several sections Of grazing land in Deuel.
county. Nebraska
In the indictment. which Is volumlnous
document the defendants are accused OF
having conspired with at least ten fake
homesteaders TO acquire land through the
Kinkaid act which land was by agreement
10 ultimately pass into the hands OF the
Western Land and Cattle corporation, OF
which Townsend and Fox were stock
holders That correspondence had been ex-
changed between them relative to home
stealing on the lands I'm question is not de-
MED by the defense. but It is argued that
such correspondence when properly dis
sected. will not show that conspiracy ex-
listed.
The case was called by Judge Munger at
. O'Clock Monday afternoon. and before
o'clock jury had been secured. All OF the
rights OF challenge were not exercised by
the attorneys and II was necessary to re-
duce the venire to twelve men. only two
or three men came under the statutory dis
qualifications, while one declared firmly
that he did not think he could render a fair
and impartial verdict because Of his con-
vctions concerning former land fraud cases
Nine Farmers on Jury.
The jury Is composed Of the following
men, nine OF the twelve being Nebraska
farmers:
w Il. Zimmerman. Mount Clare clerk.
Murray H. Woods Fairfield, farmer
Charles W. Flick. Bradshaw farmer.
W. A. Osborne. Watertown. farmer.
Fred Spahr ST. Michael, farmer.
A. w. Smith, Seward, farmer.
Max j. Egge. Grand Island, merchant,
Isaac r. Alter. Grand Island, banker.
E. p. Vance, Peru, farmer.
A. r. Alien. stamford. farmer.
Grant ALEU-. Blair. farmer.
Isaac o. bingham. Harrington farmer
The balance OF the men who were on the
panel were excused and allowed to return
TO their homes, which indicates that they
will not be called again
Al the time Of adjournment OF court for
the day the prosecution had outlined its
course of procedure to be followed, with
fun consideration Of the terms of the in
dictment and the defense had partially
disclosed It's form OF resistance which, law
yers say is ceverly built and logical The
!, case is being pursued by Assistant Attor-
ney General Rush, aided by Attorney Lane,
while Attorneys Gurley and Woodrow are
counsel for the defense.
Rush "Opens Case.
nj his opening statements Attorney Rush
explained briefly the nature Of the case
reading over the three counts in the in
dictment, which sets forth that ten differ
ent persons, whose names are given, en-
tc cd into an agreement with Townsend
and Fox Of the Western Land and Cattle
corporation to homestead certain lands ad
Joining the corporate holdings in Deue
county, these lands to go ultimately into
he hands OF the land and cattle concern
Miles is brought into the controversy bS
reason Of his alleged assistance as an at
torney In engineering the alleged false
entries The Indictment against these meT
was returned about four years ago.
II is alleged that each homesteader wai
10 secure quarter section OF land anC
that the entry fees weer to be paid by th'
cattle corporation. The following names
we're mentioned In the indictment as per
sons who had been induced by the compan,
10 make the false entries: Warren u. How
ard. Matte Pierce Harry r. iPnkerton
Asa ". hunt Joseph Spickey, James b
Ramsey Robert a. Smith and Joseph Il
Dennis.
May Prove Concerted Effort.
Attorney Bush declared that the eyideno
he proposed TO introduce was not com
picated. lie said that as far back a
April and March of 1904 there arose a ques
ton among the defendants to the pro
= lection Of their range, and that they fel
to save II. it would be necessary To acquir
other lands which were located in the rang
much after the fashion OF checkcrbuarc
lie said that he hoped 10 SHOW bl' CORE
spondence to be introduced, that there wa
concerted effort 90 Keep the range mtac
The testimony. too. Will show, declared "a,
that the corporation was to pay Tie entr
foes and erect cheap shacks ON the HON,
stead in turther,ns the alleged scheme {
acquire the lHuds tie said also, that n
thought the testimony will show trat +
nearly eVcr2 iUs tance mentioned IN the in
dictment, that Townsend approached IN
prospective homesttadeI according TO hi
statements there was an agreement tina
the humr ,sadcrs were to receive stock
the rIo.aUon IN exchange Tor their SCI
vices as homesteaders. Tie said that
lcast one contract viii be introduced
90 cw that there was such a conspiracy b
cen the defendants and one Of those vi
licd an cntit. lie salo lhat IL would
further shown that not one of the persol
mentioned ever located ON claim, an
that some never saw the one on which
had made entry.
ATTORNEY Woodruff for the defense CO.
sumed much more time than Attorn
Rush in outlining the defense. tie q
planned in opening that no conspira
could be shown in viow of the fact th
not one foot OF ground had been tax
from the government. that In fact Il
homesteaders had really abandoned IN
claims, In defense of the conspira
charge on which the whole case hing
y n claimed that sn the persons interest
were stoCkholders In the company al