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THE HOY USD FRAUD CASE.A Synopsis of Iho Testimony,, ;' ' »-■ . ,1 }f ,r lt;J.’B Ji, » ■■ *l i'* -‘‘A ' ]' '. • I'V •! . 1 v • if, •» * _ 1 , ' i ’. ' . ('• , ' . . | ■ v , ■ ■ ,On Frbiay of l««t wwk, the ca«lt;* of the iTiijted States v*. Jamas M. Hoy, was culled : 1 ml occupiel the attention of the court up i WeJfMjsilav of this week.The history of tho cast is as follow#: On jbt. 31st, 188-J, Mr. HoV filed a Soldier! lumcstcad Declaratory Statement for the. w. J **•. 7 twp. 7*J s. r. 2 'V. lying within !half mile ot the old towrt of Rincon hi *hi# '*minty. On M .y 1st, 1883, he made b* ome-tead entry for the same tract nnd tade dual proof upon iba same on Jan. ary 5th, 1385, and filed his honorable lt;lis* hargc showing 3 years service in the federal rm? during the rebellion. In his final oinestead ufildavit he swore that he had Itken the land in good faith etc, and had j redded therejn from Oct. 31*1 1S82 up to ! ae 5th day of January 1335. ’* Mr. Hoy was jidicted for jierjury by the last Gmnd Jury ! nJ the perjury s.* signed upon this latter lt;». Ian*© of hi* atfidadit. , JCOOn the part of the government it 'fas•roved that this affidavit was executed by !Ir. Hoy and the affidavit itself was introdne* j M- I _J 1 ■ s ■ - . » i ■ • . . J •..1’ , . P , j I p p. ' P, P. P [ P _ *. p I ‘ P ' . ' a 1 p a,a .d In evidence various objection* to the ad* j |*j a»*io« of thl* affidavit were raised by the ouuejl for the defence but were all over juhd. fT ,Vlt;Mr. Sle(..lint|fi% bi|ti|ed,.:t|^CdiC Hv* pi intin-on knew Mr. Iloy and that he lived hi j tli tinconaud kept a store there from Oct. Slat j (]lt;.882,to Jan. 5th,I**1!: lived near lloy'ilivosr wn Rincon and saw llov and men.her* of hi*hMamity there about the houaa daily. Hoy’s louse in lUnccn U an addition and built in(,'ro'S examination revealed tho fact that v toy and witness were not on good terms.! j (Hto Arnold followed next and said thattl* ■■in was railroad agent at 1’incon. Knewtoy, mw him in Rincon duily front October j ® it, I88J up to January 3,1885. Saw mem- *- £ »er* of Hoy's family about hi» house in Rln*j ft»u dail#li|u4ng that tiimb •■*’£oI8r0s.exn1nin.fhm in this case, •• In the ’»« of MeCitntock, showed that bad blood*xi*U*d between ’.vitnes* and Ha}*# %AVm. O rah am followed and aald that be had been in Rincon moat of the tinu from October 31, 1882, to January ft, 1883.Work-d at the depot, opposite tht store *»f |j defendai.t, saw defendant and member* of hi*family sphere almost daily, |*aw Itoy load some fttrniture onto a wagon in 1883 ami iVfrt out toward hi*J.ti. Huntiir'ton was called next and saidvt.Uthat he lived in Rincon, knew Hov, didn’t know whether he lived in Rincon during thaTy whole of the time from Oflober 31,188*2, to ^January 3, 1Hk;», or not. In April, 188.*!, hisson moved some household good* from Uin-(OU to K«f ** MUeh, and Hoy and all hi« fain- j ^ily wci.t along 5 didt.’t know how l. ng he ^stayed. Haw him on tbt ranch fiepicntlywhen pa^hig||»;t||olng to Ms own ranch||| which ')■ tins the ranch of Hoy. j jtt/‘. 11. Rail was next sworii and said that he; {-lived for a part of the time in question in I _ Hi mum. Knew Hoy. Saw iloy and bis j #family often in Riticon at their house there, t M thiw #tme furniture loaded on a wagUHf at i nItoy’s house ir. Hi ncan. Had seen Hoy at j ^his raoclai.‘: JfpIv‘ •'‘ Ju:t.K. R Holler ca *«s n«st and said that diehad oft^n seen Mr. Hoy and bis fcuniiy attfMlHWMtfal li*d ftl«» cfhtu aeen | ^then at thdr tioiieu on the ranch* Had eaton with them In their hou#e on the ranch.uThey bad bads, chair*, tables and kilehen furniture In tin* bouse and a carpet on thefloor. Had olten pitted b\ the hmue hunting atocl^rtc. Hint saw Hoy's children about ».-tlthe house. Often saw Mrs. Hoy nnd the. . ichildren going to and from the house. HnwHoy moving hi* furniture from the house in I8«i.11. €. Dulo was *won» next anJ raid that forn p*rtion of the time in questnm he lived with Dr. Br-wn on a ranch near Mr. Hoy’s. Had seen Mr. llov on the ranch at times and atS’ppp'i'ita..Pinone time raw Mr. Hoy moving a load of furniture u, the ranch. In the fall of’84 went, c to Hoy's ranch with Dr. llrown to get a .*-tove; j jfound the house in bad repair, floor wet andbunches of gnu** growing in some place*, no sign* ot the house having recently been occupied. The stoyo was the only nrtide offu in |1*« lunm* hucl ilmt wm m*tovc‘rc«lbjr witness mid Dr. Brown; (Hut Moy’i m4fli1s!I^n»wn’« fumiliid ofu n vUHeJ rnch xyi1h* dltUi’l knott w It* n* llov*^ family emivfrom When they vbited Brown^ Imt thatwhen Browii^ wieit to vUit t!e y nl-ivay$ went to Bineon ; that he had anon Ifojr j** i 4jmid bit fiitisBjr ptiA hack and forth from the' direction of the ranch since the time the stove^fcp ‘ . ■- 1 ~ .‘p.. ; p p_ — p pv'pp'p' I:..'.’. p'p^_.I.'p . p' p p .. p' - lt;.p. .p P .P.p'pp - . p p p. ■ — ’ p 1 * P — ppp p* . p~i Pp . .'p “p ,‘p'p -p .p; _ 1. pp• 'p p — . .p . p p,”,,p,Pp. *.. .\\ % taken awav.ike government rented \U case hero.On the $*rt of the deCenno it Wit ^howi flint tin? t#!i l ivii tiled . in evidence wna notthe only one ma le in connection with ;lioy#a fit ml |r*M.ff tliiitthat part of r • Una! pro6finvi\Ii1the form of lt;|ue«iionamm Hiiawerii w»» inte.ul* fid ;u tuiexplan Uion i»f thealh lavit ami mutt be connkkred ine mncctim with the affidavitIf was shown thut In answer t*» cjtjwtlbns put { jlo him on ‘.In .lav of proof fb«t Mr. Iloy,.4nsrt 1 ml under oath that lie and his family had Ixhhi ahtwiU from the land for a portion j J ofeiodi year f«»r two or rhrw months at a!ttime. It Wa* ahosbown that Iloy selected hi« claim on Ortober 17, 18^2, and poitid anotice beltevirmf that to be neccs-arv ; that heinimcdiatelWciinoiooiced to fence nndidow a t|I’ortiooof the land and platiied crojMiin IWd [ i and l§8#; that he fus on the Jand front time -to time duriotr the wnr and that In theearlv part of I80H ho moved with hia family t,tic the. ranch, took vvith lum hi* household 1 j ooodii and actually lived on tie* land untildriven hwmv hv the blffh water in the ltioMlyramie in Ute*|irintj of that he remain* ed a vnv from the lanti during the high water; t that after the river had gone down he return- f, *«! t*»the ranch and f-t’ yed tlrcre for a few * day* when lit* wife started ea^t on a month’* ; f *i«it to rrdativcs ; that dttrlftg her ah*cnce he] * lioardvd ifi Mineoti and that a* soon as she ^ returned to Hineon they again went to the j i ranch and remained them until final proof i i ! wa* made : that he had during the entire pc-i rind i\ |h residence therein on *p*'i;t with 11i- ; j family for ft few days ni a time: that Hw btui- | | tier * was in Kincoii and that he spent mo*t of , j hi* time during tlm day in Itincon. It was ! ‘ ! also shoWU that Ifoy’S iraproveuient* were j lt;\ rth frbm to The coe wa* ' 11 cIoschI on \\edne*dav noon and the wbola of, ,1 '£■ ■;'i.1 .p'^p • .. v.”1 • - , — ' t .. 'VV*'.' 1 ■' ' - ”v ’ ' :: ' \.#p—'J1 thenfternoon was consum* lt;1 in arguing the1 j eaae to the jifrv. After the instrienlnns of; the court hnd been delivered the ]uty retired i ntid in 10 minutes returned a verdict of not)j guilty. The cane was bitterly contested ^ throughout and nothing was left unden©}■ which could be done by either the pmeeu-lion or the defence.Ncaretnnfe and McVin were the nl« ■ • , ' p.p^;r;f‘ ’ '■ ': . p...;., ‘ • .. -. -' - , :■ - ’ — - 1 'j tcfftiays for Mr, Hoy # and their able and | convincing nrsmmeni* brought the care ton Iuieccvvfui tOrminH* in their client’* favor.Jmm! v- * itAUorri^p^ftp^.pft^ph^^^1 AI Fountain, made .s b*«rfl fight fi i the eouvic-
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Las Cruces Rio Grande Republican
Las Cruces, New Mexico, US
Sat, Sep 25, 1886
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USA 17 Apr 2020
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