The Ordway new era., 1920-05-07
Bingham Land Case
Decision Is Given

son involving homestead entries. in
which Miss NJ. Elizabeth Bingham is
interested, the decision being in ia
vor of Alice Mcclure Jackson. The
decision fellows.
Facts of the case Opinion On
December IT, 1915, Mary E Bingham
made homestead entry 021796 for
the " Sec. 2 Twp. 10 s r 81 w.
Contest 7114 was filed on Dec
ember 81, 1917, against this entry
during a period Of entrywoman's in
sanity, at which iimc she wag con-
fined in l state Institution at Pueblo
Colorado. Tho entry was cancelled by
Commissioners letter "H" dated
Feb. IL. 1918. no answer having
been filed.
December 20, 1915. Myre Z Bing-
ham, mother Of me above Aary +.
Bingham made homestead entry No.
O24322 for the N II Sec 2 Twp. 19
s r 81, w This entry was contested
by contest 7115, filed on Dec, 18.
1917, after decease of entrywoman.
The entry was cancelled by letted III
dated Feb. 12 1918, no answer hav
ing heen filed.
The above contests were initiated
| by one Alice Mcclure, of Ordway,
Colorado.
Contestant Alice Mcclure having
received a preference right for the
land included in the above entries
filed on same under homestead 035-
581, which entry was allowed to her
on Feb. 1919
By Commissioners letter IFS"
dated June IL, 1919, adverse pro-
ceedings we're ordered charging.
THAT the cancellation of home
stead entries No. O21796 Pueblo
Colorado Series. of Mary Elizabeth
Bingham for the S 1s Sec. 2 T. 1aS
r. 81, w. and H. e. 024322 Same
series of Myra F. Bingham for lots
l, 2, 3, 4, NE u S " NE ", said
section through the contest of Alice
e Mcclure, was consumated by fraud
connivance and conspiracy in that
one A. S. Mcclure acting for said
contestant Alice E. Mcclure agreed
and arranged with Joe Wallace con-
servator. of the estate of Mary r.
Bingham, insane, and Fred Tarbox.
administrator of the estate of Myra
F. Bingham, deceased: that said
Wallace and Tarbox, would in con-
Sideration of certain stipulated
sum to be paid to them by the said
| A. S. Mcclure to wit: the sum of
$4,000 each default in the matter
of said contest and that in pursuance
with said fraudulent agreement said
Wallace and said 'Tarbox although
notified of said contest made no re-
sponse but allowed the entries to be
cancelled in said contest by default
and without the knowledge of said
Mary E. Bingham and Myre F. Bing-
ham.
After hearing duly had before the
Register, this office, at Ordway. Colo
RADIO, both parties appearing with
witnesses the following facts were
brought out by testimony as intro
duced.
1t is clearly shown that entrywo-
man Myra F. Bingham was entirely
in default In regards residence and
cultivation on her entry up to the
time OF her death and that her daugh-
ter. M. Elizabeth Bingham. who ac-
ted at this time as administrix of her
mothers estate never cultivated any
portion of her mothers entry after
the latter's death.
In regards the entry of NJ. Eliza
beth Bingham the testimony shows
that she visited the entry not more
than six or eight times: that no cul-
tivation was ever had on the entry,
although part of the entry was en-
closed by fence by one A. s. Nc
Clure, and the land was used for
grazing purposes by the latter party
She was In default in both residence
and cultivation on this entry.
From the facts as submitted the
entries would fall IL a hearing was
HI as the entrywomen were in de-
fault in regards cultivation and resi-
dence,
Instead of hearing this the con-
servator and administrator, Wallace
and Tarbox allowed the contests to
go by default knowing that the en-
trywomen were in default on their
entries. and knowing that bona
fide proof could not be made on
same.
Going into the latter facts it is
SHOWN that after Mary Elizabeth
Bingham became insane and was
placed in an asylum, the conservator
of the latter's estate and the admin
istrator of Myra F. Bingham's es-
tate proceeded to find out the status
of the homestead entries In question.
and the ways and means of proving
upon same or disposing OF same for
the best interests of the estates in
question. Visits were made to this
Land Office for information. which
Information was given by the Regis
ter of this office after all of the facts |
of the particular cases were set forth
and the advise given was that Roni- |
fide Proof could not be made be-
cause the entrywomen had not estab |
lished or maintained residence on
the entries, and because no cultiva-
tion of the entries was had.
Prior to the visits set forth neigh
bors Of the entrywomen were asked |
whether they would be witnesses |
Although they did not refuse they |
simply stated that they would be |
prOOf Witnesses and would toll tho