Omaha daily bee., 1911-02-08
STRAW ENTRYMEN ON STAND
Homesteaders Tell of Proposition
Made by Defendants.
:PICKA PRINCIPAL WITNESS
Man with Actual Papers Tells of His
Experience.
OBJECTIONS ARE ovERRULED
Judge Holds Against GurIcy in Fight
20 Keep Out EvIdencc-Tweuty-
Five Letters Explain Opera
tIons OF Company.

Furious legal warfare will be precpitated
before the conclusion of the land fraud
case now being heard Before Judge T. G..
Munger in United states district court.
The prosecution yesterday established the
fact that the Western Land and Cattle
corporation designed to acquire hundreds of
acres OF Deuel. county grazing lands
through the medium OF so-called straw
homesteaders. yet the defense has outlined
a clear and apparently sound plan OF re-
sstance.
BENJAMIN NJ. Fox and George r. Town
send Of the Western Land and Cattle cor
poration and w. p. Miles. who represented
tho interests of the defendants during the
land transactions in question, do not pre-
tend to deny that correspondence was ex-
changed in 1904 relative TO homestcadinR
lands through persons they had interested.
but they have prepared to fight to the
last ditch on the conspiracy charge. II is
on this correspondence and other documents
that the prosecution largely bases its case.
"Straw" Entrymen Called.
| Several of the persons who were named
in the indictment as alleged straw entry
men were called as witnesses yesterday,
and their testimony made things interest
| ing All of the homesteaders examined told
practically the same story, to the effect
| that they had talked with Townsend IN
regard to making entries and that he had
promised to pay transportation to the land
office at Sidney, Cheyenne county. and
also furnish hotel accommodations and en-
| try fees, which In a majority of cases
amounted to SIS.
The most important witness of the day
was Joseph Spicka who Identified a con.
| nv uyht he 70 oil rla In
to the Western Land and Cattle corpora
tion in consideration OF shares in the com
pRny There is a question as to whether
this document can he termed a contract
since It is not signed by Splcka. However
It bears the signature of the Western Lane
and Cattle corporation, by George Town
send. The paper fell into the hands OF th'
prosecution through a secret service agent
who secured it at the spicka home at th'
time of the investigation which resulted
In the return of the Indictment
Inc defense was seemingly annoyed
! When Special Attorney sylvester r. Rusl
offered this contract in evidence, anC
prompt and spirited objections came from
Attorney William r. Gurley, who declared
II to be incompetent, irrelevant immaterial
not tending to support the allegations II
the indictment and not referring in an!
way to the charge of conspiracy.
The judge overruled the objections will
the modification that the contract shoult
be admitted only insofar as it tended t.
show conspiracy as charged The con
tract, which caused considerable anxiet.
during the day, having been submitted t
various witnesses, but not having yet beel
admitted, was then read.
Trade Claims for stock.
in short, it appeared to be an agreemen
between spicka and the corporation, b.
which Spicka was to prove up on his CLAIM
and then give a warranty deed to it t
the defendants for the consideration O
seven shares of stock. valued at $3.50. /
was stipulated that the claim in uuestio
was to be in possession Of the Wester
Land and Cattle corporation from the dat
of the contract, August l. 1894, and that ab
solute possession was to have been take
when the claim had been proved up.
Spicka declared on the stand that afte
the secret service agent secured possesslo
of the contract the land and cattle com
pany refunded TO him money that he ha
paid on his stock He said he did nc
know the amount, for his wife had re
ceived the money. spioka is one OF te
Il
terested in the Western Land and Cattl
corporations proposition. and his evidenc
Is practically the same as the others VIII
} testified, except ne is the only man know
thus far who entered into an agreemer
? to dispose of his claim when he had 81
cured a patent. He declared that he ha
no intention OF living on the land, unles
E he could secure . full section.
e Matte Pierce Of Manila, Ia one of ii
d: homesteaders and a resident OF Omaha I
- the time of the transactions, didn't kno
, what papers she signed In the office ,
: Attorney Miles in Sidney prior to the tin
r of the filing of her claim, for which ST
r had been furnished SIS by Townsend Z,
entrance fees She testified that she didn
j have time to even read the entry papers.
p The testimony of Harry r. Pinkerton W,
p practically the same, though he went abor
Il the filing and entering process with fnte
L ligence, and even won't over the land, viii,
n other hOmesteaders did not do.
e Henry Burcham was also one of II
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