Omaha daily bee., 1911-09-05

Continued from First Page)
and Comstock land and file their declare
tory statements, they alleging they they
were taking the land for their own use and
that they intended to occupy 1t as homes
These men, hundreds Of them from Ne
oraska, Iowa, Illinois, Kansas. Minnesota
and other states. were taken to a central
point in Dawes county, where there was
house, barn and a windmill and told
that this was the location that had been
selected for them. There was no expenses
that they had to incur, everything being
paid by Richards and Comstock. who
agreed TO purchase the land after title
was secured by the old veterans
In the end, the two cattle men succeeded
in covering with the soldiers filings most
of the land enclosed by their miles OF
barbed wire fence. Then they bid defiance
to the government.
Theodore Roosevelt became acquainted
with the facts and soon thereafter ordered
the destruction of the fences whereupon
the lands, the filings having been can
celled, were restored to the public domain
In the meantime prosecution had been
ordered by President Roosevelt. Richards
and Comstock were indicted in federal court
held in Omaha and at a trial. early in 1905,
they were convicted before Judge Munger
and sentenced to six hours in the custody
Of the United States marshal
Go to Omakn Club.
T. l. Mathews was then marshall and
Irving F. Baxter United States attorney
Upon receiving his prisoners. instead of
placing them in jail, Marshal Mathews
took them to the Omaha club, where they
spent a very enjoyable night being released
the following morning. 1t was not long
until President Roosevelt learned OF the
treatment accorded the prisoners where
upon, by telegraph, he ordered both
Mathews and Baxter removed from office.
The second prosecution of Richards and
Comstock was instituted in 1905, and after
series Of delays, the case against them
was brought to trial. Richard S. Hall, now
dead defending After days of legal quib-
bling the jury was secured and a verdict
Of guilty returned against Bartlett Rich
ards and w. G. Comstock as principals, on
the charge OF illegally fencing government
land.
Then commenced another legal battle.
Motions for rehearings, new trials and ar
rest Of judgment were filed, argued and
denied, Then the case went up to the
United States court OF appeals, where the
verdict OF the jury was sustained. All legal
remedies having been exhausted one year
ago both Richards and Comstock were SEN
fenced to one year in the Jail of Adams
county and to pay fine of 5000 each. the
sentence expiring October l.
Others Are Fined.
Ranch Foreman Jamison received a SEN
tence OF eight months and was fined $500.
AQuina Triplett, the man who acted as
h0Yak h. al
duced them to make their filings was sen
fenced to eight months and fined $,OOJ
Tom Huntington and Fred Heyt, assistant
foremsn of the ranches and who super
intended the building OF the fences, were
each sentenced to three months in the
Dodge county Jail and fined 1900. At
torney Todd Of Chadron. who prepared the
filing papers for the old soldiers, also drew
a fine Of $1,000 and three months in the
Dodge county Jail.
According to the report Of the Adams
county Jailer. submitted from time to time,
Richards was a model prisoner and at the
time Of his death had made two months OF
good time. Otherwise, had he lived, his
term OF Imprisonment would not have sx-
pired until December l.
Comstock is still in jail, but having
drawn two months OF good time, he will
be released October l. All OF the other
prisoners have completed their sentences
and have been released.
Comstook has asked the federal author
tiles in Omaha for permission to accom-
pany the body OF Richards. his old partner,
to California, whore burial services will
be held, but they have not acted, having
referred the application to the attorney
general.