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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 24, 1890)
r THE OMAHA DAILY BEE : JERIDAY , JA UAUY 24 , 1890. 5 H L Iijjihi i " " ' i ' I ' " ' ' ' . " " ' ' ' I I I I I I II I | I VANDERV00RTONTUESTAND. 9 Ho Admits That ho was a Railroad P % Lobbylat t ill V HE REPRESENTED MR THURSTON llo Opposed Iteslrlotlvu nallwny Ijcclilntlnn nntl wns n Frlcnil'n Friend In tlio Dodlln Ornn- Ito Deal I Vnnilervoort Under Mro The allowed libel case aitalnst Mr E. Iloscv water won concluded In pollen court yestcrdav morning by Mr Gannon's oross examlnatlon I ot Vandorvoort tlio complaining witness , wlio gnvo tils directltcstlmony Wednesday i afternoon The ntlcndnnco was uuusu- ally largo AmonR tlio spectators wus Dr Slomlnskl , who cast sympathising Rlanccs nt the poi tly Paul wbllo his evidence was being dissected by Mr Gannon , Vnndcrvoort stated that ho catno herd in rebruary , 1S77 , ns chlctof the rnllwny mall Hcrvlce , nt otico entered nctlvclv Into politics , mid was here at the tlmo of Curry's assault - sault on Mr Kosowater ; never bad any ncqualntnnco with Mr Kosowater ; his enmity for the defendant grow out of the Hitchcock senatorial light Did you use your influence and position in behalf of Senator HitchcockI" asked Mr Gannon "I used my Influence , " replied Vnndcr voort Did you use your position ! " "I dent think so I dent think Idld " Did you not have authority to remove mall clerks and appoint substitutes ! " M . Only for good ofllcial reasons I never HV used my lnlluenco or my position to cocrco any employe of the railway mall ser ' vlco " > On the testimony offered by sir Porter , . ' Vandervoort wns very uncortaln Ho I could not remember over having talked ntiout the Curry card with Porter Ho would not say that ho had not donu so , but bo could not recall it Iboro was n rumor that Curry was going to nssault Kosowater , DUt ho ' paid no attontlon to It Ho never mot Curry but nnd never tried to influence him ono ytwlco the other Ho did not Know that lut- I mediately after the assault charges were made that ho had incited Curry to the deed , except , what ho read In TnK lini : . "Didn'Jt Mr Andrew Kosowntor publish a ennt in Tub Her chnrclm : you with having incited the assault ! " ashed Mr Gannon Vahdcrvoort's memory failed him nRain , nnd replied that bo couldn't recall the publi cation of such a enrd Ho further failed to remember nny conversation with Dablstrom I and denied that ho bhucklcd with glne at the result of Curry's docd Did you ever attempt to assault Mr Koso water ! " nsked Mr Gannon " 1 took hold of him , ono time , in the Paxton - ton betel , " said Vnndovoort , but did not as sault him " "Didn't some ono interfere and pull you way from Mr Kosewatorl" I "O , vca some of his henchmen run lu , ho always has them nround him " Who were they ! " Dent romoniber " were Hen Wood and Al Patrick the i mon ! " Dent romombcr " Vnndcrvoort further stated that the grand Jury that investigated the Curry assault wns i composed of nutl-Hltcbcock men He ad mitted , however , that thrco or four of thorn J were democrats and that at least two of them , \M \ were Hitchcock republicans Ho also trlod < 1 / to claim that Mr Kosowater was not sort r . t \r ously injured , but was reported to bo editing TU-Zjf his paper when the investigation was coing mJg/P on lie took this insinuation back , however , HP---x- * bVhl8ndmlsston that bo Implicitly bollovcd Hr Dr Coffman , who hud testified to Mr Koso- waters dangerous Illness , resulting from the Curry assault , during the Investigation "Didn't St John Goodrich , a inombcr of the grand Jury , chnrgo you in the Herald , ever his own signature , with hnving Hod to the grand Jury and stated that ho would not bolfova you under oath 1" nsked Mr Gannon V Vatidorvoort's memory became capricious again Hu couldn't exactly recall the card , but believed there was Bomothing of that kind puhllshod Mr Gannon tlion went after Vandor- voort's railroad connection Vandervoort testified that ho was employed in lb8.1 by the Union P.iclllo and the Central Pacltlo 10 securing - curing the location of the Grand Army of the Republic national enenmpment at San Francisco and afterwards In securing passengers for these goods to the encamp inont At the legislature in lbS7 ho was em ployed by Thurston to represent the Union Pacific's interest nt the legislature Did you get pay ! " asked Mr Gannon Yns " ' Who paid you ! " The Union Paclfio I moan Mr Thura- H i HHpkV How much ! " * S After some argument Vandervoort roM - M " piled : About $200 a month and espouses " * How were you paid ! " "By a check from Mr Thurston " Vandorvoort further admitted thut ho fur nished passes to mombcrs of the legislature for tholr friends and acted ns Mr Thurston's representative during that gontlcman'a absence from Lincoln Ho did not think that such grangers as Cal Kusscll would bo influenced by rccolving railroad passes Vandervoort said that ho had seen liquor dispensed without pay in members rooms but bad not seen them dis pensed in public rooms without pay Ho was in favor ot tuking the charter bill from the Imuds of the committee on cltlos and towns and roferriug it to the Judiciary committee - mittoo where he-worked to have certain ill amendments made Ho opposed tbo charter | Ji by talking with members and using his iu- 11 lluenco with them , in the lobby and nt the fl hotels Ho opposed the maximum y ratu clause of the railway bill A and secured its elimination from the Dill Ho < was Opposed to the park clause because , bo 7 eald , it was inserted to please cortaln parties J | _ _ who had park sites for solo r Then Paul confessed to his tntorost in thor r Dodlln granite business Ho was personally I , \ uoqunlntcd with General Uangs the owner ut " " * -N of the Dodlln quarries , and while in Wnsh- • , Ineton aided In securing the adoption of Dod 1 1m graoltn for the congressional library T building He bolped General Uaugs to in- I troduco the Dodlln grsuilo hero by getting I specimens of It before the atchltccts and the 1 council connuitteo on publio property and ' bulldlugs On tuo subject of granite ho posed as an ex port and offered an opinion thai the material In The Deb and New York Llfo buildings is not granite nt all Ho did not know much ubout tbo stone la Tub Ukk building ; never I saw anything like It ; supposed that Mr * Kosowater sccurod It from some mysterious , aouruo as ho couldn't imuglno where It cama from Vundorvoort's testimony completed the case und un adjournment was taken uutll - - next Tuesday morning , when the nrgumonts will bo offered ' ' Air Russell's TrHilniony M i Following Is tbo testimony in full of II C. ; i llussell , culled lu rebuttal , Und oxamlnod by $ * \ , Mr Mormrlty : , * { Q. What Is your namol A. II C Kus- ] ' " "V soil , I 1 ' Q. Where do you live , Mr KussolH A , y l J Schuyler , Neb I ) Q.--Staio if you wcro a member of leglsla- P" tuio of this state for ISSTt A. I was a mem- t : ber or the legislature , Q. State whether you hold n position on nuy of the committees during that legtsln- * urot A. I was chairmau of the Judiciary < committee a muiubor of tbo commltteo a jK member of the commlttcn on privileges and S i elections and labor , I believe | S I Q. You were chairman of what committee - toe < A. Judiciary committee tft Q Of how muny mcuiborsdld the commit ' / iea consist ) A. Nine Cf Q. You may namoif you will , some nf the fc * other members of that cominittvo A. There " waf Mr , CaldwellMr , Ague , -McCouuliy , jt Mr , llowmuu of 1'lattu county , aud Air Sul livan of l'lutio and Mr Slater , Mr Smytho pf this place and myself Q That Is all you remember Is 'lt these nrutho only uumes you cuu uo vrecollect of that coiuuihtcel A. Yes , sir , all 1 know , i < , > . You muy stoto whether at nuy tlmo | * duiing that session of the legislature there I , * * _ jr' was referred to the commltteo of which > ou MBf wuro chairman , a bill which wus then kuonu or shortly uftervvards became kuown as the JiPB - ' tiuwbllug bill AYes. . sir QYou may statu whether or not your comuiltlea muduauy reoommeudatlon us to [ the gumbllntt blL ! A. Wo did Q. What wu thatl A. Reported b. ck [ with the rocommondatlan thit It do piss six in favor .tnd tbroo ngalnst 1L Q. Do you rbmombcr what your position was un that bill I A. I do sir Q. State to the court what it wa . A. I was decidedly In favor of its ptssngn all the tlmo and bad boon warned beforehand that Mr.lknowator was opposed to It by Mr John son , who was formerly In the employ of Mr Kosowater Q. Do you know personally what the posi tion of Mr Slater was ns to that blllf A. My recollection Is thnt for n short tlmo ho was in favor of it The horsemen o&fnirmen of the state were somewhat oxcrclsod about It for n-whilo ; that it would intorfcro with I dent know what they call It pooling or horso-rncing , I believe , and nftcr wo satisfied Mr Slater that there was nothing In that , he was in fuvorof lt That is my recollection Q. Now , Mr Kussell , you say that com mittee reported faroraoly to tbo passaso ot the bill ! A. Yes , sir Q. Slate whether that was an unanimous report or othorwlso A. There was no mi nority report ; no , sir I am talking about the Inside of the commlttoo When wo voted six were In favor and three ngalnst , but the thrco mndo no minoiltv report Q. Yuu mny state whether you were ono of the thrco that opposed it ! A. I was not , sir I was In favor of It nil the tlmo In con sultation with a member of the senate who hod Introduced It and ho understood It ex actly , Q. State whether Mr Slater was ono of the six that favored It ! A. My recollection is that bo was Q. Did you become connected with a man down there nt Lincoln during tlio session of the legislature known as Shcedy , a gambler ! A. I never know him in my life ; I never know u gambler tn the state of Nebraska knowingly ; 1 never spoke to ono knowingly ; never was In a gambling saloon or place Q. Did you during that session of the legislature have nny acquaintance or become personally acquainted with a garablor from Omaha hero by the name of Hrookcrl A. I know that I never hoard of such a man until my friend said I rode up on the train with him 1 may have Known him I rode up with blm once Q. You may state whether , together with Mr Slater or any other member or members of the judiciary commltteo over hold confer ences with this man Shecdy , or Uruukor , or both togcthor , or nny other gamblers , there during the sosslon of the legislature ! A. I never did ; 1 never know thoio were such men except reading of it afterwards in the newspapers , I have never scon them in my life , knowingly Q. State whether you In company with Mr Slntor over at any tlmo during that ses sion of the legislature visited tbo city of Omaha with n vlow to mooting and holding conferences with some gamblers here ! A. I never did , no sir I never heard of such a thing , never ' Q. Did you in conjunction with him , or by yourself , over hold conferences with n body of gamblers down there ot Lincoln dutlng that session of the legislature ! A 1 never did , sir Q. Did you know anything about a fund thnt was raised during that session of the legislature kuown nnd referred to as the gambling funal" A.--No sir I say what I did know I read a letter from hero stating that Mr Kosowater had undertaken for a certain sum of money but I was warned to look out for him Q You spoke a moment stnecot a man by the nnmo ot Johuion Do you remember his first name A. No , sir Q. Was it Sumner Johnson ! A , I have heard sluco It was Q. How long did you know that man Mr Johnson ? A. I dent remember whether ho began reporting there in the early per .Uon of the session , but 1 soon became ac quainted with him ( J. Do you know what business ho was In atthattimol A. Ho was reporter for Tub lir.u when ho first came there Q Do you romoniber how long ho con tinued ( to be reporter for Tun Deb } A. I deut ' know exactly Q. Did it continue during the enttro sos son of the legislature ) A. No , sir Q. About what time did bis connection with Tub Ueg terminate ! A. Well , it was Bome tlmo during my recollection now is during what was kuown as the charter light I boarded right across the street from the capital I always wont there early Three or four members got there before I did , but I was there by at least a little after 8 every morning I wont Jin ono morning , and there sat Mr , Johnson with his chin noun on his bosom Ho looked moiunoholy and It attracted mv altontion I says , "What's the matter , Johnsou ! " Ho says , "Thnt d n little s-n ot a b h has turned mo off " Ho crooked himself down I Bays , "What's the matter ! " Well , " be said , "ho wanted mo to bo a spy and u sneak hero and I told him I would not do it " Well , " says I , "that's too bad " I says , "I would not euro ubout that " But ho says ho kept making about the motions Iain making ( In dicating ) , "I am here with my wife and nothing to keep myselt with , nnd If it was not for that , " ho says , " 1.would not care " I says , 'That's too bad " Ho struck my sympathy at once I says , What did he want you to do ! " Well , " ho said , "ho wanted mo to bo a spy and u sneak around hero among the mom > bcrs , and I told htm I would not do IU Tbo rcsuit was that ho turnea mo off " Q. Do you know to whom ho referred when he used the characterization you a mo ment ago repeated ! A , Mr Kosewator Then I says to him , Well , care nothing ai all about it " I says , "I hoard Taylor , 1 think , the ether day say that ho wanted a mad on the Republican " I says , " 1 will see him " When tno boys came In that mornitu ; 1 began to mention It , Ho had struck my sympathy nnd I at once began to befriend him The result was that ho was employed a few days later on tbo Republican Q. And on what paper did ho continue during thnt tlmo or during the remainder of tlio session of the legislature ! A. Ho con tinued that entire ho was discharged from the Republican before the session adjourned ; I dnn't know whou Q. You may state whether or not you were personally acquainted with Mr Paul Vandorvoort A. 1 wus Q. And how long prior thereto had you been personally acquainted with him ? A. I have lived hero thirteen years I think I got acquainted with Mr Vandervoort the year after I cauio here ; that would bo twelve yours ago Q. Are you acquainted with the general reputation which he boars for uprightness and for being a worthy and law abiding citi zen lu the community where ho lives ! A. Yes , sir Q. You mny stuto whether that is good or bad A It Is good Hy Mr Gannon ; What Is that answer ! A. It is good ISy Mr Moriarity ; Now , Mr Russell , you mav state whether you know personally the position bold by Mr Vandorvoort as to the gambling-bill ! A. I do Q. Do vou know whether ho wa in favorer or opposed to It ! A. Ho was in fuvor of it Hv Mr Gannon : I dent see what this is rebuttal to , or what It has got to do with this case , I have no objections to make ; I am merely calling the courts attention to It , There is no testimony hero connecting him with the gambling mil in auy way , shape or manner Uy Mr MorUrty ; Mr Russell did you know of the existence of the rooms during the legislature known as the oil rooms I" A. No sir Q. Did you kuow pf the oxlsteuco of a room there which subsequent to that session ot the legislature , became known , in publio politics , us the oil loom ! " A.No , sir ; I only kuow Mr Rose water set up such nn idea to kick at I never heard pf such a thing Ho was Just setting up a man of struw to say something to or about Q. Did you knotvpf the existence-of a room In one ot the capital buildings any where the capitol building Itself that was designated during the session or subsequently thereto , as the oil rooml" A. No , sir ; I dent know anything about it Our Judiciary room was in the capitol ; I deut ' know what ho culled that : ho did not think much ot it Q. State whether during the session of the legislature In 18)7 you observed Mr Vandervoort personally about the house ot representatives there ! A. No , sir ; I never saw him there but I dent think more than twice } I mean lu the capital building , Q Do you rotnemoer that during the ses sion ot tbo legislature there were some charges preferred agalust the.Judiciary com mitu < o or certain members of it by Rr Rose water ! A. I da : yes , sir Q. You may state to the court your con nection with that bill ! A. I was chuiruian et the commlttoo It was referred to our commltteo und wo know that there was some I had boon told that there was an effort I had u letter from a party ot this town stat ing that he wo * prepared to prove that Mr Kosowater was employed to defeat that gamblers bill On Friday , I think ( t was atone ono ot our committee meetings , wo had the bill under c-onsioeradon and It was under stood how the coiuuiiUco8tood , Q. llo v did the commlttoo stand nt that tlmo ! A. Six In favor of voting the rocom- mendntlon that it pass and three against it Q. State what nt that tlmo was the posi tion ot yourself and Mr Slater on that gam bling bill ! A. I was in favor of It , and my recollection is that Mr Slater was in favor of it at that tlmo Wo had then decided to report It back , although It was not so ordered to report It back ; but it was under stood thnt It would bo reported b.ick Mon day or Tuesday ( ) . State with whnt sottot a recommen dation ) A. With thu rocommondatlon that it pass Monday morning the roll was called , nnd Immediately the speaker brought down the gavel and declared the house in session ho brought from his dos < a com munication which wns there from Mr Koso water , making the statement that ho had been Informed , etc , nnd wound up chargiug the commltteo generally with corruption to the house Q. What coramltteol A , The judiciary commltteonml the housn In general on the charter bill , and woundup by saving that ho was prepared to substantiate these charges before any commlttoo that the house might appoint That Mr Johnson told mo was done to nntlclpato Our favorable report to the house Q. Whnt Johnson ! A. Sumner Johnson Q. In whoio employ wns ho nt that tlmo ! A. Ho wn3 ut that time in the Republicans otnploy ( J. Just proceed with the evidence A. He said that Mr Rosowatur had scon that holiuilboou . balked and ho wanted to get the charges In before wo made our report ; it was un unhoard-of thing and out of till par liamentary rules that the speaker should present such charges ; It should have been done by a niombcr of the house ; but the speaker did so It was In nnticlpation of that that wo immediately reported that bill back the day wo got his charges Into us Q. Wltnt was donu with the charges then preferred ! A. They were referred to the committee nppolntcd ot scvon , of which Mr Hosowntor was accused of solcctlng , They worn his lacklos with the exception of two That's what I wished to explain Mr Rose uater had no friends in the hoiiBo of the leg islature ; there was not u man In the house that had tlio slightest respect for him Ho had some twenty-seven men that were afraid of htm , but I deut think there was a member - bor of that house but what has told mo ever and ever again that they had not the slight est respect for Mr Koscwator'a personal character Q. Just state what was done nftor the ap- jiointmont of that committee A. The com mittee was appointed , Mr Dempstor was chairman of it I had stated in the house that wo were prepared for Investigation fully nnd completely , but 1 had overlooked that there was anythlngdn the resolution de claring that the commltteo should bo held with closed doors in secret until , after wo had adjourned Then I wont to Dempster and told him that I did not want anything but bonorublo treatment , I wanted to be present , I did not w > sh that commltteo to moot when persons reputation were " at stake with Mr Rosewater there , privately , I says , you know he has no regard for the character of his followmeu " Ho says , "It shall not be " Then wo discovered by that tlmo that it was to be secret and J then called the committe together and wo had a meeting lu our committee room , a regular meeting , I invited Mr Johnston to bo present and wo discussed the matter o [ what wo should do the next day Wo know wo had a vlllUler to contend with and it was necessary for us to bo ou our guard Ho had started out to blacken our characters If ho could , and wo did consult In the matter Mr Johnson and Mr Drad Slaughter were present and wo decided then and there among ourselves , without any consultation with nnv other member , or nny person wuutovcr , that wo Bhould Insist upon It being an open investiga tion , having everybody In , nud anybody that had any charges ngalnst us wo were prepared to moet thorn Mr , Kosowater said ho was prepared to substantiate tbem before any commlttoo the house might appoint Q. Did tbo house take nny action ! A. Yes , sir ; in the morning I prepared a resolu tion myself amending the ether resolution 1 prepared two resolutions , I know that Mr Rosewatcr had no charges , and I prepared ono Instructing tbo sergoaut at-urms to take charge of him nnd keep him under his con trol until ho was discharged by the house That I neglected durintr the excitement to Introduce : but I did lutroduco the other The result was that well , I'have got ahead of my story Mr Rosewater said before that ho wns not there when the ehargo was made , that ho was not in the city in his testimony 1 , the next , morning , looked over the house nnd discovered that this commlttoo was out of the room I wont to the committee room door and I could see through the glass door , and through the glass I could see Mr Rose waters fuco I ltnoeited ut the door and Mr Dempster came to the door I says , Mr Dempstor , this Is not what you agreed " I said , You said that wo should be present " Ho said , "Wo are takine-no tostlmonv : you are to bo present " I savs "I dent think its fair for Mr Rosewater to bo In there with that commlttoo and us not there " Ho says , "Wo will take no testimony " I then went back into the house and gut the rest ot tno Judiciary commlttse nnd came back to the committee room doir and knocked again Mr Dempstor Immediately came again nnd held , his arms around the door and did not appear willing to let us in I then went back * into the house Immediately and called the at tention of the speaker and the speaker or dered the scrgeant-at-arms to call ojj the commltteo and ho did so and they came over and then was when this question of amend ing this order for the investigation came up , aud it was so ordered that the committee und Mr Peters and Mr Pemberton wcro added to tbe commlttoo , leaving as wo con sidered four who might possibly bo fmr nud live who were Mr , liosowater's particular friends or particular men Q. Thou after that commlttoo was thus appointed und it wns ordered that the pro ceedings be held with open doors.what action was tukon by the committee ! A. Then Mr Dempster announced Just as the house hud ndjourncd that the commltteo would moct-nt 2 o'clock , or Axed the hour , I think he said 'J oclock Q State whether at that time Mr Rose water was to your personal knowledge In the city of Lincoln ! A. Yes sir ; 1 think ho was present In the bearing of Mr Demp ster's voice , because when we came baok in the afternoon the question arose Mr Dempstor called tbo commiiteoand some ono said that Mr Rosewaler had irene , and thu question was asked Mr Dempster if hu had been suDnoomui und he said he was not sub pocnicd , but I told him my sol f In poison that the commltteo would moot at 'i o'clock ' or immediately afterwards " And then some ono I dent know whether it was the sorgoant-nr-arms or notr-but some ono said , "I was at tbe train whou hu got on the train , " and then Mr Dempster said again ho bad personally notitled him tbo commlttoo would meet at 'A oclock Q. Did the commlttoo meet ! A. Yes sir sir.Q. . Wore you present at the mooting ! A -rl wont In Mr Rosewater wns not there Q. Can you stoto to the court what action was taken by the commlttoo ! A. I think they adjourned then , for tlio purpose or get ting Mr Kosowater before them , The next day wo came up hero to Omaha to tfaoGrjna Army mooting I kuow Mr Rosewater says that bo did not have thu time That was on Tuoiduy , and my understanding now Is that ho did not leave the city of Omaha until the Friday after Mr Dempster savs that ho hud seen him in Omnhu afterwards nud hud talked with him Q. Now , you may state whether you know , prior to tbo day on which this com mittee this investigating committee hold its lirst soislon , thut Mr Rosewater had pro viously unnouncad his intention to leave the city and bo absent for soma time Q. Oh , no ; I nevor'beard ot it ; I knew that ho did not hare anything to toll the commltteo un less ho could shovel It In by tbo scoop-full , and I knew he could not offer It straight Q. Have you any personal knowledge of Mr Vandervoort plaintiff bore , having in any way during that session of the legisla ture attempted to improperly Influence any member In the mutter of legislation ! A. No sir ; I have never beard of it Q. Do you know of anybody else attempt ing to do so ! A. I have beard that It wus undertaken , Q Have you any personal knowledge of Hi A. Well , I was told positively ; yes , sir sir.Q. . Hut yea did not know personally of it ! A.-No , sir Uy Mr Guanom What ! liy Mr Moriarty ; Ho said that ha had hoard of soma , persons undertaking to improperly influence legislation A.-You appear to ho trying more than one person Q. Do you remember whether or not there was a bill kaowu as the Omaha charter - tor bill before the legislature tbent A. I have a slight recollection of it , yes , sir That wus the whole trouble Q Slate whether you personally know the position as to thfu Sdt of Mr Vandor voort ! A. Yes slr.T think I did Q. What was It ! rjY llo wasopposod to the bill ns it was prospntod by Mr Rose water Q. You may stateirrhcther the bill subse quently passed In the , form proposed by Mr Rosowatorl A. No , sir , Q Do you Know wlfat Mr Vnndorvoort's position wns upon thd bill In the form In which It passed ! A , I think ho was In favor of it ; that's my recollection most of it ; there was some tilings which might huvo boon I dent roaicmbor bt anything that ho objected to I thlnkmysolf that there might have been amendments mndo that were not Q , Do you remootbtir n clause In that charter known as tholprinting clause ! A. Yes , sir ; that is the elephant Q. Who had Uiatf'clauso Insortodl A. I always understood that nlr Rosewater did Q. Did It pass with that clause lnl A. It did not Q. Do yon romombcr the general provi sions or that clause ! A. If It did pass I y. The clause as proposed A , My rec ollection now I would not state though from my memory that it was that all bids were to bo submitted with an affidavit of circula tion ; I dent remember Just exactly the lan guage , but It wns to bo let to the paper hav ing the highest circulation It wns consid ered and understood that that meant Tub Ueb I Q. What were you about * lo obsorvol A. 1 got my information from Mr Johnson in regard to Rosowater's stundlng on tlio matter The Judiciary commltteo In all that bill mndo no opposition to the charter , they simply undortoolc to put guards around It Ihero was * ono particular clause that wo umonded 1 know nt ono than Mr Smyth and I were going ever the bill carefully and wo came to that clause with regard to prohi biting city oQlcials from hnving nny- thing to do with contracts In furnishing , etu , nnd Sm.\th and I agiecd generally on such questions nnd ho asked mo what wus wrong about thnt Well , I said , "I dent know , but lets got the old section nnd com pare It " Ho says : • • ! dent boo anything wrong " I snys to him : You road It over wbllo I " Hy Mr Gannon This is not rebuttal Hy the Witness Yci , sir , it is Hy Mr Moriarty Ho Is speaking of Mr Rosowator's coanccttiou with that partic ular bill Uy Mr Gannon Ho has not established Mr Rosowator's connection with It hero by any sort of evidence Hy Mr , Moriarty Ho says It was under stood so and ho got his Information from Mr , Johnson , Uy the Court Ho may proceed with the narration A. Wo did so and wo found that they had loft out of tbo old section , in ro-enactingthe now , "of furnishing any material , " leaving it so that any cltv ofllcer could furnish any material it ho wanted to Thnt was rixthor upon Mr Smyth's idea , llut that man John son Bays the next dny , The inomont you put that in , a certain gentleman will cense to bo a candidate fur mayor , and when you amend the section on the board of publio works you will Und out that when thut bill passes thut Mr Rosowator's brother will resign as city engineer " Aud I discovered that both of them turned out to be true Q. You may state whether any member ot the fifteen gontlcmon hero in Omaha up- pointed to prepare and confer with the ' legislature on the city charter culled your attontlon to anv special provision ot the bill ns proposed there ! A. They did , yes , sir Q. Who was that Vontleman ! A. Mr A. J. Ponnleton < Q. You may state la.what form your at tention was called by him to any special pro vision ot that bill beme objcef.onnblo ! A. Hy letter aud a certificate that there had bocn miturial alterations by soma ono at least not by his kuowledgo of the charac ter as originated by the littoon Q. You mny oxamloei these two papers and say whether theM ore the letter and cor- tlllcato to which youhave Just adverted } ( Hands witness some papers ) A. They are , yes * Tbo state noiv offered In evidence the pa pers referred to Thosjmo were received without objection nud read as follows : Omaha , Neb , Marcb'a , lb37. Hon H. C. Russell , Chairman Jtldieiary Committee Dear Sir : 1 was onoWf the committee of fif teen who framed the charter I know what the charter was whan it loft the committee , and I have seen a statement ot the • amend ments reported byyour commltteo Every one of your members I bellovo tn be in the interest of the people of the city 'Iho board ot public worKs especially proposed by the committee is the worst legislation possible If adopted it will begot rings nnd corruptions of every sort , and I think do infinite harm The organization of the board under your charter is better that thut proposed by thucommlttoo If the now scheme is adopted , the sumo body will have power to project , pian , execute und pay for work No such organization was ever pro jected which did not lu id to fraud Give a contractor power to audit his own bills and it needs no prophet to predict the result To accomplish this Tiveol spout millions to put his own creatures into tno different do- paitmeuts of the city government of Now York and then robbad the city at his leisure Humau nature Is too weaklo stand IhoBtrain of such opportunities You can render no greater public service than to push your amendments and to ciuse tbem to be en grafted into the now charter Respectfully yours , A. J. PomETox To whom Concernqd : I certify that I have socn und examined the proposed Omaha charter Introduced and prlntud in the scnato und that the same Is uot a copy ot the char ter rendered by the commlttoo of fifteen made up in the boarj of tratio and in tbo city council ot Omaha , but that the bill as introduced differs in vital und important particulars tram that agreed upon by tbo commlttse A. J. Pori'J.i' TON Cross-examined bv Mr Gunnou : Q. The mcmbeis ut the Judiciary committee , of which you were n inunioor , were Mr Caldwell - well , Mr Bowman , Mr Sullivan , Mr Slater , Mr Smyth nud Mr Ageo do you remember ber the nlqoth ono ! • • A. Well , sir ; there Is another one . Q. You can not remember blm ! A. Just lot mo think half u minute O , yes , Andrews of ICoaraey Q. Who was the speaker of the house ! A. Mr Harlan Q. You had known Mr Rosewater before that hadn't ' youl A. Yes sir Q. You say that there were about twenty live mombcrsIn , the house tnut were afraid ot Mr Rosewater and not ono thnt had any respect for him ! A. } uevor hoard a man speak well of hlin In private Q. You know this before you went Into tbo house ! A. You mean before I became a member ! Q. Yes , sir A No sir Q You heard several mon speak well of him before that ! A. Not as a rule ; no , sir ' Q. Didn't you go to Mr , Rosewatcr ana ask him to use but mfluenco with tbo man who was going to be speaker Mr Harlan to have you appointed chairman ot the Judi ciary commltteo ! A. No , sir Q , Didn't ' you ? A.-rl , didnt Q. Didn't you come to Omaha and nsk Mr Rosawater's assistance ! A. No , sir , Q. Didn't Mr RosdWator write u letter to the speaker in your Iiftersit , ta have him ap point you as chatrmanof"tio ; ! Judiciary com mltteo ! A. Yes , sir J"y , * Q. Did ho do that diisollcltod by you ! A. Yes , sir J Q. That is at true as' ' anything else you have said ! A. Yes , slr ' > I wont to Rose waters ofllce , nnd wa talked aver the matter ot the organizationyund , of course , ho thought It necessary to give mi n little taffy Q- What did you go to Mr Rosowator's olllce for ! A. 1 do not remember now < i Was It because you despised him A. 1 had not learned to despise him then Q. You only loarncrt + Q dosplse him when ho made charges against ho Judiciary com > uilttoa ! A , No , bof&-ut that 1 wont to Hosetvater's otfleo , and ho bsgau to talk tome mo nnd to give mo a lttft | | taffy If it was not too late I might bo ft' .conjllduto for speaker Finally he says : "Is"tifero uriythlni : you want ! " I says ; "I would like to bj chuir- man of u good commltteo ' tlu wrote then und there , without a w -ho l sat down I think the Judiciary uJ.ijiir.eo was men tioned 1 did not ask hUi y. Did ho write a letter for you ! A. Yes , sir Q , Ho wrote to tbo speaker ! A. Yes , sir , and for the lirst tlmo called me col onel I never was called colonel in my lire QIf he bad called you 4 federal spy A. lie called mo colonel right then , Q. As a matter ot fact you were a federal spy in the urmy ! A. Yes sir Q. You knew how to play nn ono side and then play on thooluor ! A. O , yes Q. You know how to pretend ono thing aud not be it ! A. I could be ; yes , sir Q You had heard of Glouulvon in the plavl A. I do uot remember , Q. Do you remember this ; Subtle and shiewd , hu offers to mankind un artificial imago of hlmsolf ! " A. I remember that Q. You were not a colonel you were Just n spy ! A. I never was anything but a pri vate vate.C C . You were n spy ! After the battle of Slitloh I was wounded so I could not carry a musket , nnd I had to do thnt or go homo Q. You were lust the man to make neoplo believe and nothing else ! A. I had not tbo slightest Idea ot getting that letter when I wont there Q. Did you know thnt Harlan had an swered Rosowator's letter I A. After wards Kosowater sent mo n letter that bo had received from Mr Harlan , saying that ho had nn other tunn for tlioplaco ' Q. llut ho afterwards thought bettor ot It and nppolntcd you ? A. Yes sir ( J. You hnvo tostltlod to Mr Vnndor voort's good charnetcr hero ! A. Yes , sir , Q. You hnvo known him Inllmntolyl A. ltathor Intimately ; yes , sir Q. The house ndjournod ovorono duy to como up here lu order to oloet you com mander of the Grand army ! A. My rccol- loclion is that the house did not ndjourn Wo tried to get thorn'to ; ( nm not sure about that , though ( J. You wcro nwnro that Sumner Johnson wrote n very luudntory urttelo for you In the Republican ! A. Yes , sir Q. You were vorv much pleased with him nt that tlmo ! A. Ho did not got the facts from mo Q , They were facts 1 A. Yes , sir y. Ho referred to you us a member of the Judiciary comiuittoo uad also lu Mr Slater your associate ! A. Yes , sir Q. And Mr Vnndrrvoorl suggested that to Mr , Johnson , didn't ho ! A. I do not think he did Q. You are sure that ho didn't ! A. No Q. Who dldl A. I do not know Q. Do you know of nuyoody who did ! A.-No , sir Q. Do you think ho did it of his own voli tion ! A. I will tell you : Johnson came tome mo and stated that either Kothnckor or Tay lor had nsked him to write it up ; I says , There Is Randall hero and another fellow from Kcnrncy thnt have known mo over Binco I was a child , " and ho went to thoui and cot the facts Q. You did not glvo him nny facts ! A.- No , sir Q. Yon know Vandervoort there during the entire session ! A. Yes , sir Q.- What was Vandervoort doing ! A. I do uot know Ho was very much mtorostod In defeating the board ot publio works pro vision In the charter Q. Wasn't ho trylr.g .to defeat railroad legislation ! V , No , sir I always voted With Mr Harlan on railroad questions Q. Mr Vnndorvoort was n lobbyist ! A. He might hnvo been ; I saw him und Rose water there together lobbying nround Q. Was Vnndorvoort there the last days ! A. I do not know that ho was there Q. Was ho there during the entire sos sionl A. I do not kuow Q. Whnt was he doing ! A. The bills that I have hoard him talking about were the Omaha clmrtor bill , the gamblers bill and the soldiers homo Q.Ho never spoke to you about railroad legislation ! A. No man ever mentioned railroad legislation to mo whtlo the house was in Bossion . Q. Not a man ! A. No , sir ( J. Wore you over uwaro It was talked about ! A I was In commltteo where wo talked tn favor of railroad legislation I was in the committee with Mr Harlau once fifteen of us , Q. Y'uu are qulto famlllor with what Air Vandervoort did there ! A , Well , no ; I am not not.Q. . You have told us what ho was In favor of una what ho was nnt in fuvorof ! A. There was lots of times Q. Do jou know these things how do you know these things ! A. Ho talked tome mo about this charter nnd gambling bill and soldiers homo Q. Mr Rosewater was a factor In legisla tion ! A. Ho provoa a very small factor , Q. You mean Vandervoort ? A. You said Rosewater Ho simply expressed his opinion about that Q. Ho talked to you about these bills ? A. Yes , sir Q. Did hiB views those ot Vandorvoort have any lnlluenco on you ! A. None on mo mo.Q. . Ynu could not be approached on that ! A. I do not profess anything , but I am sim ply human Q . Then you could not bo nppronchod nt nllf A. Yes , sir ; ono man dia npproach mo Rosewater did ; ho asked mo ono tlmo to do a thing against law and conscience Q. What was It ! A. On the commlttoo on elections ; I came bick thut night after wo bad n meeting nnd 1 savs "I do not aeo any way in the world in law but wnat that man Trucsdalc is entitled to that seat " I snys , • There uro live votes thrown out that ought to be counted , and If wo do , that will seat Trtr SdaIo " And he says , "A man can boo BOino tilings that uro not there " ( J. He savs a man can see some things thut are not there ! A. Ho rather insinu ated that I ought to do something thut wus not right Q. His remark that a man can nee some things that uro not there you thought ho wus approaching you ? A. Ho thought ho would keep Roper there whether ho wus en titled to the seat or not ; that is the way I translated it Q. Isn't It a fact that this Omaha bill was introduced in the senulu by Mr Liningor nnd passed ? A. That is mv recollection Q. So It had boon passed by ono branch of tlio leclslaturo before It passed .vou ut ull ? A. Yes , sir Q. Mr Liningor Introduced It nnd not Rosewatcr ! A , When a thing started under a nume thut name stuck to it It was Liningor's bill Q. Do you know whether or not Mr Lin ingor introduced it iu the scnato ? A. Ho did did.Q. . Do you know whether or not it was passed by the bonato ? A. I think so Q , Do you know that Mr Popploton wss the general nttorncy for the Union Pacillo road at that tlmo ? A , Well , I rather thluk ho was ; 1 dent ' know Q. Ate you sure that hu was ! A. No ; I dent ' know exactly about it ; but I think ho wus wus.Q. Da ynu mean to tell the court that you do not know that In 1337 Mr Popploton wus the general attorney for the Union Paclilo road ! A. 1 could not tlx the date thut hu resigned * • Q. Was Mr Popploton the general oral uttornoy for the Union Puctilc railway company when ho wrote that lotturt A My impression is that ho wus , although I sav that I do not know pnsttlvoly Q. There were some provisions In that charter by which railroads would bo taxed , wasn't ' there ! A. Yes , sir . Q , And these wore things that you struck out , among ether things ? A Not wo coun try follows wo were opposed to that ; we thought you were shutting us oil , you fol lows In town , and were going tn get it all Q. You did not want them taxed ) A. Yes , sir ; but wn wanted to got u part of the tax tax.Q. . That Is the reason thai you struck that out of the measure ) A. I have another paper indirectly on that signed by almost all of the wholesale nnd business men 'of this town , protesting against that part of it Ail of us grangers out there voted against that , Q , Is it not u fact that the taxation part of it wus stnekou out alter It loft thusunatol A. I cannot say positively what was done ; but It was'not passed ns they had U. Q. Will you toll us how Mr Vandorvoort stood on the railroad taxation question ! A. I never heard hlin sav nny thing ubout it I know a lot of these Omaha fellows wcro in favor of it und we country follows were op posed to it • Q , You wcro ono of the grangers ! A. Yes , sir ; raised on a farm und left the plow to go to the army Q What la your Dullness now ! A I am an attorney not very much of ono Q. I usited you , und you huvo not an swered Wus the luxation clause strlckon out of thnt charter ? A. I do not know whether It was entirely stricken out or not , out It did not pais ; it came to the sonutc my recollection is that It was Q Huvo you followed up logislutlvo mat tew since you were on the Judiciary committee - too in this stateA. ) . Hardly Q. Didn't you notica the bills that were passed by the last house ? A Nosir ; I do uot kuow ouo ot them I probably road theti ) at the time , nud read the session laws Q , In your bill down there In the house you knocked out the provisions for parks , didn't ' you ) A-f-Yos , sir Q. Why did you do thatl A. llocause I thought the right of eminent domain was being earned too far (2 , You know ttiut tbe last lionso gave us a system of parks ? A Yes , air Q. You grangers opposed It ? A , I be lieve if u city wants n park they should pay for it and not condemn property for it Q. Do you romombcr the provisions you struck outot the last charter that you struck out ! A , 1 do not remember any , Q. Will jou ' eamu the measures on which Mr Vandervoort was Interested ! A , In tbo general legislation I Q. Yes , Blr A I only know positive of a few measures ] Q. Nnmo thorn ? A , The charter , tlio gamblers bill and the soldiers homo If ho over talked to 1110 , or 1 ever howl him say anj thing . Q. What did ho soy nbout tlio gamblers ' bill ! A. Simply remarked that ho thought It would pass ( J. Did ho go to see you ! A. No , sir ( } . Wboro did ynu usually have your talks with html A. 1 believe In the lobby of the hotel down stairs ; tn tlio hotel , mid some times in his room ; t have met him ut his room Q. Did you cvor moot lilm In the room of nnybody olsol A. 1 do not recollect ot it Q. Are you a uinn that drinks any thing ) A. Hardly ever Q. Were you ever In one of these oil rooms down there ! A. No , sir ( J. Did you over arluKWlth anybody In room 30 in the Capital hotall A. l do not lecollectot It If 1 did ( J. Dent you recollect ! A. What Is room 00 ? Q. Where they hnvo beer nud no beds ! A. No , sir ; 1 never did Q. Did jou over drink In Crawford's renin ! A , No , sir Q. Do you know whether or not there was nnv place In the capitol , particularly during the extension , us it Is called , of tlio session , whoru thay kept liquors ! A t never heard ut it Q. That there wcro liquors ! A. I never heard of It Q. They might bn there without your kuowlodso ! A. Yes , sir ; for thnt night wo udjourned I was not out of the house ; 1 stood right there nil the tlmo from night until morning Q. I nm not limiting It to any particular night A. I muko it nnv tlmo ( J. Where did Mr Vandervoort room , It * you know ? A. 1 do not roiuoiubor the number of the room * Q. Do you know where ho stopped ; at what hotel ! A. At the Capitol hotel , I think ; that Is , when I was there Q. Did ho rootifwith Crnwfordl A. No , rot that 1 know of ; I do uot think that ho did did.Q. . You do not know It ho roomed with him or roomed with any one ! A. I think ho had n room liy hlmsolf Q. You Buy you do not know Shcedy IV. I . 1 hnvo heard of him Q. You ao not kuow Hrookcrl A. 1 do not know him Q. You were never out ns late as 3 o'clock In the morning with Mr Slater In Lincoln I A. No , sir Q. Nor in Omaha ! A. No , sir Q You never catno to Omaha with Slater una failed to register at any hotel I A No , sir sir.Q. . Did you over moot Mr Charles Grccno In Lincoln ! A. YCs , sir Q. Did you ever como to the city of Omaha on the same train with him during that session of the legislature ? A. I do not know ; I have como up with a whole train load Q. Did you Mr Slater and Charles Greene como up ou the same train about the middle of March from Lincoln to Omahu ? A.-Mr. Slater and I came up here on the 12th of March Q. Did Mr Slater walk up town with Mr Sumner Johnson ? A. I have uo recol lection about that Q. Well , you do not know whether ho walked up town with Mr Slater or uot Mr , Johnson ? A , Yes , sir Q You do not know whether ho did or not ; how did you como up ! A. I have uot tbo slightest rccolloctton Q. Did you como up with Mr Groeuei A. I do not know Q. Wns Mr Grecno on that train ? A. I do not know Q. Your memory Is at fault on that ? A. I know I wont to the Paxton hotel und regis tered on March 12 , 1837. Q. Was that the only tlmo you had boon up during the month ! A I believe the next day wo came up with the Grand Army mon 1 mean the next Tunsduy evening , Q. How many times were you in the city of Omahu during tuo month of March I A. I think thut is ull Q. Twice ; on the 12th nud when you came up to the Grand Army mooting ? A 1 some times came up to Omaha to make the Union Pacific train west going homo to Schuyler ; and sometimes wo could take that truiu and mnke tbo night train and get homo ut 11 o'cluck , und the other way wo woulu have to stay aud get homo ut 11 thu next day Q. When did the house adjourn at thu tlino Mr Rosovvnlor was down there that you follows saw him through tbo glass in Mr Dompster's room ? • A Well , wo hold a session on Tuesday I have gotn fulnt recollection that they de cided to stay and goon with some ether busi ness ; but I think mayhothey adjourned ever from Wednesday to Thursday I know they did not do what wo wanted them to Q. You saw Mr Rosewater In town when you came up ? A , No , sir ; I did not I only have Mr Dompster'B word tor that that is , I do uot remember that I did Q. You thought a soeret , Investigation was not the proper way to get at this ? A.- No , sir ; I had nothing under the huaveus to keep socrct Q. You did not want nnybody else to go in und testify , even In your presence , before n secret commlttoo ? A. I believe if a man has got anything against his fellmvuinn ho should tell it Q Then you are not In favor ot the grand Jury system ? A. No , sir Q. You think a grand Jury is rather a poor institution ! A. I do ; yes , sir , nnd I ubout think a Jury is too Q. What names did Air Rosewatcr men tion Ui the charges that ho madoot the Ju diciary commltteo ! A. None ; I mean In his report : I do not know what ho said to Domp- ster ; 1 mean lu his published report 011 the 11th. 11th.Q. . Did Mr Smith ever kick against any thing Mr Kosewator said ! A. Not what he Buld Q. Did Mr Smyth kick against the charges mndo uiralust the Judiciary commit tee I A. Yes , sir Q. When and wuorol A. Ho said it ho haa nnyting ho ought to roako It dofluito , and that thu commlttoo ought to bo altowod to bo present Q. Was Mr Smyth lu favor of un open Invoitnrutioa ? A Oh , I expect hardly ; I . do not know Q. As u matter of fact ho was In favor of the committee as It was appointed , wasn't ho ? A. 1 do not lenow us to that Q. That is your b6st recollectionf A , Well , Mr Smyth and I wore always very friendly , und bo was a very bonorublo man and I do not think that ho would want to do anything dishonorable Q , You say that all these men were against Mr Rosewatcr , and yet the speaker appointed men that were his tools : how do you account fnr that ! A. That is one of the unaccountable things Q. The speaker of the house wus afraid at him and consequently ho appointed ull this committee lu bis Interest ! A. No , ull ot them were not Q. The majority of the commltteo wore appointed lu his lutorostF A. I do not wish to reflect on thaothors , because 1 consider tbem very bonorublo men , Q. You suy there was no olotnont of re- snoot ; It wus all fear ; thou it the speaker ot the nousc appointed this committee ha up- pointed it through four ot Mr Roscwaterl A. 1 rather think bo Q. Aud those men , or a ranjorlty of the committee , you think wcro a majority through toirl A. I think so , Q. - You want the court to understand thatl A. Yes , air Q. What were you afraid the committee rould do if there wus nothing true ubout the churgos ! A , Why , Just oxuetly what Mr Rosewater did the other day , g-n n lot of slush In aud thuu publish it us their ovldunce before the commlttoo , Ho did not euro for untjiliing Q And you wcro afraid of his publishing a lot ot slush ! A. Yes , sir ; us he has been ever since Q. You wore afraid you could not coun teract it ? A. I propose to let everybody kuow what ho had to Bay It is prett ) hurd to beat out a prairie lire after It gets started Q , Didu't Mr Rosewater publish this be fore ho testified on the stand hero ! A , Pretty near everything ; I think hu hub pub Ushod it Q. You took no action about it of uny ac count ) A. Ho uevor suld anything against mo definitely , Q. You were not elected to tbo last house ! A. I was not a candidate Ours la a demo cratic county ; It always bus been ; it is pretty hard for a republican to be elected Q. I thought a republican granger was a friund of the nooplo ) A. Hut Rosuwuter's friends did uot vote for mo when I was elected Q. Roaewator has some friends ! A , We call thom that , Q. They are all afraid of him ! . A , Yes , sir ; tliov uru afraid hu will slander them Q. Out in-your country ! A. They are all ever tbo state ; they all look upon htm as a slanderer Q. Ana these grangers uro afraid of Iifui and they are his friends ut the same timet A. They diicororcd ho wns not honest lit | his railroad legislationt ho had uavor naro * H rat0.1 the patsago of any railroad bill H Q. You say Rosowator's friends would | notroto foryott ; I will nsk you about his 1 friends A. They did not vote for mo when H I was elected | the Van Wyck men la our H county voted ngntnst mo H Q. t nsk you If ho had friends In your H county ! A. What wo cull Rosotvator'a H friends H Q These nro friends of his through fear I H A. Not all of thorn ; wo have got some low * H llfo dirty pi-oplo there that slander ttiol * H neighbors , and they stand in with Rosa * H Q. You tlioucht there was uo show | for you , oven it you were 11 granger , in H n democratic county , nnd nn mill-mouopollstl H A. I hud about nil the honor thom was la H It , and another fellow wanted It > H Q. You hud nil tbo honor and tnonoy that B wns In it ) A , I never got nny ot the money , H Hy Mr Monarltv : ( J. Do you roiuoiubor | | whether during the session ot the legislature 1 nt 1S47 a commltteo of merchants and H liuukurs , nml'othcr gentlemen from Omaha , 1 came down to Lincoln , and In conjuuetlou | with Mr Kosowntor and tbo Douglas county B delegation , came to nuy agreement respect H lug this railway taxntlon clnusot A , I un- H dcrstood thny did ; yes , sir H Q. Do you remember whether Mr Rose H water was a party to that agreement ! A. H Well , I heard so ; 1 do uot know nnyluttiif H about Unit H QDid you henr so In thn presence of Mr | Rosowatorl A. No , sir ; Johnson told mo so | Q. You spoke n row tnomonts since about B n protest largely signed by people here in HBHj Omalin ngalnst that railroad taxation cluusa 11 the hill ) A. Yes , sir J Q. You may st.tto whether or not that protest was In writing , or In what form ! A. HBHj It was in writing J Q. You may stnto whether or not that HBHj paper Is the protest ( handing the wituoss a HBHj paper ) . A. Thnt Is a certified copytfrom HBHJ the soerctary of the sonata It was sent to J the J Q. You saw the protest nt the tlmo ) A , HBhJ Yes , sir ; I did , J Q. State whether or not the action taken BBU respecting that rluuso was lulluoucud In any HHBJ wlsobythis protostt A. Thnt had some thing to do with It Aud then there was , as HBHj I said there was n general Idea that taxa- tlon should spread out that 1m , the value of the road it all wont into it the Bullishness of the follows out west , ] The coutisol tor thu state now offered In ! ] evidence the communication referred to , from ! the business men and hankers of thu city of ! Omaha , whioh was rand as follows : HBHj To the llonnrnblo , the Soniitu nnd House ! of Representatives of Nebraska : Wo , the HBHj undersigned , merchants nnd business mon of the city of Omnhn , earnestly protest ngalnst the clause in the proK)3od ] amendment to our HHHJ charter which provides provisional taxation of railwnv property therein Wo believe Its adoption would bo onerous tn that It would discouraga further railway Improvement * nnd force oxistlng railway corporations , ns well ns those contemplating ctitrnnco , to lo- cnto their terminal facilities , machine shops HBB and storehouses to a great extent outsldo of | H the city limits of Omuha , und it will bo a H great dotrlmont to our business interests H generally ; and your potltionors will over H pray , etc Signed byu largo number of busl- H uess men and bankers H Mineral water donot , 2nd door went H p. o. _ j H \M1IIiiiii Ilnylu's Funeral H _ The funeral of William Hoylo will talco H place nt 10 a. m. today from his late residence - H idence , Druid Hill depot , at the intersection H of Spuuldlng Btrcot and the Uolt line H The remains will bo interred nt Forest B Lawn cemetery The funeral will bo under B the direction of II J , Millar , u neighbor and HH | Mrs lloyle is almost prostrated with grief HH | nnd is receiving ull thn attention und uid HH | necessary from sympathetic friends HH | With tbo Btruugo intuition of a woman HH | Mrs Doyle has , for some time , drondod an HH | accident to her husband , and on tbo morning HH | of the wreck desired hlin to wait und go to HH | town 011 the motor , but ho was iu n hurry to HH ] get to the city und took tlio train with the | HH ] results us already published j H - : BETTER THAN GOLD H RESTORED TIER HEALTH Tor S3 years I coffered from bolls , erjtIpclas HH and other blood affections , taking during that HJ tlmo great quantities of different medicines with HJ out giving mo any perccptlblo relief Friends HJ Induced mo to try S. a. S. It Improved mo from HJ the start , and after taking bcmitlI bottles , re- HJ stored my health as far as I could hope for at HJ my age , which Is now seventy-five years HJ Hub Si 21. Lqcab , Bowling Green , Kj HJ Treatise nn Wood suit Fltln Slarasesmailed free HH HWUT iJPKCIFK } CO.ulantu. . Ga I'UIDAY AM ) I \nn \ " Saturday | fA & OR I HATUHIJAV 1 Jail , LHr g0 f Jin tinea M j Grail ' s Famous Opera Co | Under the personal mauagoinoiitot M UltAU , , lu the following repertoire VttlDA V A'lailTand 8ATUIWA YMA T1NKB pBRJGANDSl " " ttMUtWAV NIUIIT IAMOBITAI llotli these operas are Now York Cuslno , latest BiiepjicH nnd both are new to Omnha , Regular 1'rlcex. BalaotHeataopenslhursday SPKCIAIi LIMITED KNGAflL'MKN'T OK TUB WORLDS GREATEST TRAGEDIAN , IsMil iiki'Muoiue : Monday , Jan 2T " . . . . "TIIK ( UlUtlT , " Wednesday , Jan , SSI BAMbUN " Tuesday , Jnn 88 , Mr , Alexnnderttalrlmln • • AOIIIMI 01' NAIUIS " ialo ? ot seats opens Baturday morning , Jan , 25 , ut D o'clock- , " " " CLOTHING " TO WEAK MEN Bulletin ; ; from Ux mtecU of ruutliful rrrun enrlr decawtuUiut vrc&knewi , loat iuuubooitkUI will en < l a valuable trvatlbo ( trnUM ) ooutolntuu fug iinrtlrulura fnr home cure , I'lll' .U or charje k. apleudlil medical work 1 riioutd U > read by evrrr { man who la iwrvmiM aiut debilitated Addreaa , Ulror IO l'OWII K.ITJooilu , < Jouu , Dr JOHN C7JXNES7 riuimoE i.tyiTKuio oiskascs or wow : . OOlce , D. ICCor WU sad IK > uiU bliOutsU * N I HH-HjH-H-HH-H-H-H-H-MJ