The Topeka state journal., 1914-01-17
court IN 4 HURRY.

tContinued from Page one.)
sen. He teafified he did not know
his name appeared a. one Of the direc-
tors Of the American Sugar Z Refin-
ing CO.. the NounDay sugar company,
until after AounDay6 arrest He said
he was not connected with the project
Of selling the land.
mer. John r. Mulvane. F.. n.
Bonebrake and p. I. Bonebrake
and . number OF other Topeka busi-
ness men testified the letters they had
given Mrs.. MounDay were purely per-
sonal Recommendations and were not
given to be used in ! connection with
the advertising OF Land for sale. but de-
clared they had nothing to withdraw
from their testimonials. Frank r.
MacLennan was called to the stand to
been ''the official organ Of the Santa
Fe railway" AZ alleged In MounDay
letters.
v. K. Jones. son Of A. A. Jones. as
sistant secretary Of the interior. 2 civil
engineer, testified he had made = sur
vey Of the land at the request Of the
government.
.'To reach the first reservoir. a. OUT
lined In the map MounDay sent GUS
to flow up hill for 500 feet. To reach
the second reservoir. 1t would have
had to flow up hill another 500 feet -
would these reservoirs be Of any
value in an irrigation system ?" he was
'None whatever" he replied.
Rest Mounds Figure I'm Testamony.
The 'rest mound" an odd institu-
ton Of tho Mexican southwest, which
marks the stopping place Of an over
land funeral party. became an issue
in the trial today. Tho defense ate
tempted to show that the government
Y
started his survey from ono of these
mounds, instead OF from q regular
survey corner.
They do look very similar Jones
admitted. and he told how these rude
monuments wore made. In the coun-
try in the upper Pecos valley that the
MounDays were selling land. he said
a great distance from the towns, and
in case of q death the funeral party
sometimes found 1t necessary to
camp at night. In 20 doing, they
erected q heap Of stones about .
wooden cross to mark the "rest
mound" or campsite. Tho defense
tried to show by Jones that these
was removed. looked much like the
piles OF stone the civil engineers put
up for their cornerA They were very
! similar, he said. but he thought the
mound that was shown him and from
| which he started his survey of the
grant in question, was without any
doubt q surveyors corner.
Jones was unshaken in his testi-
mony that a railroad across the part
that MounDay's map showed az
proposed" would be q physical i'm
possibility and he declared that the
| streams that the MounDays proposed
to have feed their irrigation reser-
voirs were too small and carried too
little water for. such purpose.
v. K. Jones testified that streams
tho defendants proposed to use in
feeding reservoirs for irrigafing the
land carried too little water for such
. purpose. This testimony was cor
roborated by e. 8. Rice. chief engi-
neer for the Atchison, Topeka and
Santa Fe railway, and George e.
Morrison. q hydraulic engineer Mr..
Rice, referring to maps Of the upper
Pecos valley, testified the land lay In
such manner as to make the irriga-
tion scheme an impossibility and the
plan to cross the valley with q rail-
road q dream. He said his company
had no record OF proposed branch
railroad" which, 1t II alleged, the
MounDays referred to as soon to be
built across the valley.
"The railroad would be impossible, y
he said. 1T would lead nowhere and
have no chance to make money. II
would require one tunnel q mile long
and bridge over an S0O-foot can
yon."