Winter et al. v. United States.
risdiction over it for any purpose whatever, and it must therefore follow that he had no authority to take the testimony, and that it is of no more force or validity than a mere ex parte statement. It must, therefore, be excluded.
The second deposition of William Russell, and the testimony of Don Carlos de Villernont, must be rejected and suppressed.
The remaining exceptions of the district attorney to the evidence adduced by the petitioners, will be reserved for decision till the final hearing of the cause.
Argument for Petitioners
Samuel C. Roane and Frederick W. Trapnall appeared as counsel for the petitioners. Daniel Ringo was also of counsel for the petitioners, who argued the law and facts of the case at great length. The following is a synopsis of his argument, and the points and authorities referred to by him:—
The grant is indisputably proven.
The lands granted are at the post of Arkansas. Is not this definite? Cannot a survey be made from it?
The lands were granted for settlement and agriculture, as is particularly shown on face of the grant. They were granted June 27, 1797, to be settled in one year.
In the winter or spring following, all the grantees removed to the post and settled there as agricultural farmers, embarked in a business not previously followed by them, and remained there engaged in such business until at and after the United States took possession of the country, a period of seven years at least. This is proven by Stilwell and Many.
Their settlement was upon the nearest vacant land to the post; the land between their settlement and the post was occupied by and granted to others. This is proven by Stilwell and Pelham.
They removed there with the avowed design of settling on lands granted them by the Spanish government, and induced Stilwell to remove with them to occupy lands granted to him by the same instrument. This is proven by Stilwell.
Winter procured in Kentucky, and brought with him to Arkansas, a stone two feet long, avowedly for a corner monument to the lands granted him, which, shortly after their arrival at the
