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Witness Testimony, Charles Emery, page 2

Scanned image of a witness testimony form. See description for text.

QUES. 10.—State what was done by the claimant each year, subsequent to the fourth year, in the way of replanting and cultivating the tract planted to tress, seeds, or cuttings. ANS. Fifth year, fair stand growing Replanted + Cultivated 10 acres; sixth year, fair stand growing Replanted + Cultivated 10 acres; seventh year, fair stand growing Replanted + Cultivated 10 acres; eighth year, fair stand growing Replanted + Cultivated 10 acres ninth year, Cultivated Cutline tenth year, [blank]; eleventh year, [blank]; twelfth year, [blank] QUES. 11.—How many acres of timber on the tract described has the claimant planted, cultivated, protected, and endeavored to keep in a healthy growing condition for the period of eight (8) years, last preceding, and from what source is your knowledge upon this point obtained. ANS. Ten acres of the Cutline has been planted cultivated and protected help plant Cutline and Personal Observation of all facts QUES. 12.—Describe the condition of the trees now growing on said tract, giving their average diameter and height, as nearly as you can, the kind or kinds of trees, the number of trees per acre, and state how you know the facts to which you testify. ANS. Living and Thrifty trees Average Diameter 3 inches average height – 5 feet. Kind. Honey + Black locust ash and Box Elder No per acre 103 measured and counted same QUES. 13.—Has the claimant, to you knowledge, ever made any other timber-culture entry? ANS. Not to my knowledge QUES. 14.—Have you any interest, direct or indirect, in this claim? ANS. No. (Sign plainly with full christian name) [signature] Charles Emery I hereby certify that the above-named Charles Emery personally appeared before me; that the foregoing testimony was read to him before being subscribed, and was sworn to by him before me this 14’ day of November 1903, at my office in Hodgeman County, Kansas [seal] PROBATE JUDGE HODGEMAN CO, KANSAS [signature] Thomas J Palmer Probate Judge Hodgeman County Kansas NOTE.—The officer before whom the testimony is taken should call the attention of the witness to the following act of Congress, which is made by Statue specifically applicable to all oaths, affirmations, and affidavits required or authorized under the timber-culture acts: Act of March 3, 1857 (II Statues, p. 250). “SECTION 5. And be it further enacted, That in all cases where any oath, affirmation, or affidavit shall be made or taken before any register or receiver, or either or both of them, of any local land-office I the United States or any Territory thereof, or where any oath, affirmation, or affidavit shall be made or taken before any person authorized by the laws of any State or Territory of the United States to administer oaths or affirmations, or take affidavits, and such oaths, affirmations, or affidavits are made, used, or filed in any of said local land offices, or in the General Land office, as well in cases arising under any or either of the orders, regulations, or instructions concerning any of the public lands of the United States, issued by the Commissioner of the General Land Office or other proper officer of the Government of the United States, as under the law of the United States in any wise relating to or affecting any right, claim, or title, or any contest therefore, to any of the public lands of the United States, and if any person or persons shall, taking such oath, affirmation, or affidavit, knowingly, willfully, or corruptly swear, or affirm falsely, the same shall be deemed and take to be perjury, and the person or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed for that offense by the laws of the United States.” (See also Section 5392, U.S. Rev. Stat.) (4—386.) TIMBER-CULTURE PROOF. TESTIMONY OF WITNESS. LAND OFFICE AT [stamp] Dodge City, Kans Original application No. 7241LS Final certificate No. 3285 Approved: [stamp] DEC 4 1903 [signature] H.F. Millikan, Register. [signature] L.J. Pettyilew, Receiver. 6—591

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Homestead National Historical Park, Code: HOME

Homestead National Historical Park, Gage County, Nebraska
Latitude: 40.2879981994629, Longitude: -96.8339004516602

Homesteader Case Files

09/24/2018

09/24/2018

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Organization: Homestead National Historical Park
Address: 8523 W State Hwy 4, Beatrice, NE 68310
Email: home_information@nps.gov

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