TH.E OMAHA DAILY BEE : TETJRSDA'gj , " DECEMBER 18 , 1890.--TWELVE PAGES.
& polling plnco where there were forty or
liny mm , and numbers of these were Jeering
at persona peddling tickets such sa 1 Imvo
mentioned , nnd a portion of thorn assaulted
ibo peddlers of tickets and forcibly wrested
the tickets from their hands and run ngnlnst
them nnd Jeered nnd chuffed nnd used. Insult-
lilR language and epithets , and In some In-
felanceS KO to the extent of strlklngthomvitb
eggs miU in other instances knock them
down , and no effort Is made to protect these
persons from such assaults and indignities ,
tut on the contrary , the assaults and iutllg-
nltles are npnnrcntly acquiesced In by per-
ons nt the polls , would you say that was rv
free polling place and. u free election I A If
what vou say was true In ovcry particular it
would not bo n frco access to the election ,
nllhougn the election mieht go right on free
for nil people. You assert that , but don't '
ohow it. ,
Q. Ho you agree with Rev. Mr. Harsha
that thu election held In Omaha was omo-
thing like a funeral day , very quiet ? A. K
was very quiet.
Q. You record an election day as a very
nacred day , do you neil A. I regard elec
tion day Just llko any other day. The only
tUlfercnco hero is that the saloons are closnJ ,
nnd the people cloned their stores on thfo par
ticular day , which they don't ' usually ilo , nnd
attended the election.
Q. Isn't It true that In the contemplation
of the law election day Is n sacred day set
opart for every voter to cxnress himself
fairly nnd fully nt the polls t A. It depends
upon what you consider sacred. I dun't
know to what extent
Q. The purity of the ballot lies at the
foundation of our government. A.-Cer
tainly.
Q. And the rlfiht of every citizen to express -
press himself und vote for hh candidate in a
pcnecnblo manner existed A. Yes , sir ;
and it existed hero , too.
Q. And anything th.it obstructs that per-
Don in exercising thnt pilvllcgo is a disorder
and contrary to the principles of our Instltu-
tlonnl A. Anything that obstructs him
from voting
Q. Anything that obstructs a man from
going to the polls and advocating any meas
ure that is considered by competent authority
to bo voted upon Is obstructing ! A. No , I
want to explain tbnt now. I say no. I snv It
is not thu place for people to advocate their
principle : ) nt the election polls. I nay that
principles can ha advocated during the cam-
paten , und the polling place Is where ue ma-
tciialiyo them. Coiisc < | iir > ntly , 1 say that In n
year from now wo will not see any of this ;
there will ho no peddling of tickets if wubavo
the Australian ballot or the laws that they
how have In California , and where people
can not come within 100 feet of the polling
place , nnd this Idea that men have the right
to talk and nbuso people and chnfT them , and
null them by the coat tall every tlrao they
have a school election. They malto out
that It is n sacred election , but I know
of wtcn they have t.ela school elec
tions In this city of school teachers having
gone so far us to pull men by the coal tails to
pet them to vote their ticket. I don't ' think
that is a sacred election.
Q. I tun not particularly interested In the
/ , school board of Omaha , I ask you this qucs-
tlon : Do you pretend to say that the voter
has not the right to go to the polls with Mich
tickets as ho sees fit to take there , and in an
orderly and gentlemanly manner , distribute
these tickets and solicit voters ) A. Any
thing that is not forbidden by the law Is con
sidered to ho right , and I suppose I have the
right to pcddlo milk if I want to at an elec
tion.
tion.Q. . You know as a matter of fact that the
prohibitory amendment was submitted to the
voters of this state by joint act of the legis
lature ! A. Yes , sir.
Q. And you know that It was submitted
by proclamation of the governorl A. I
do.
do.Q. . And you know It was one of the things
to be voted on at the election , November ol
this year ! A. Yes , sir.
Q , And you know that every citizen whe
Is eligible to vote hud the right to freely anil
fairly express his opinion on that subject !
A. Yes , sir.
Q. And ho had the right to freely advocate
cato his opinion without beliif * subjected tc
Insult und assault } A. Yes , sir.
Q. Now , then , If the cltben was obstruct
ed In the manner in which I have stated , hi :
tickets taken away from him by force and lit
was knocked down and insulted and sub
jected to Insulting epithets and assault ? ol
any kind , do you think that was proper t A.
I say ho had his redress and could get tin
parties arrested , and that would not Interfere
with the election ; no had voted and that was
all he could do.
Q. Do you say that was proper ! A. 11
was Improper.
Q. And it was just as Improper to knock
down a prohibitionist as it would bo to knocl
down a republican ! A. Yet , but it wouli
huvo been as Improper to knock him dowr.
t wo hundred miles away from the pollinj
place as It was to knock him down at tin
polls.
Q. So far as you know there were no dls
turbanccs in this city ! A. Isaw none.
Q. You don't ' pretend to say there won
none ) A. All of that was news"thai reachcc
inc.
inc.Q. . You are a reader of Tun BED ! A. :
read a irood many other papers ,
Q. You have read the evidence of a nuin
ber of witnesses taken In this contest win
have sworn to Indignities of that character
A. I hnvo.
Q. Many of them ministers of the gospc
nnd many responsible citizens I A. I don'
pretend to say that all of them don1
tell the truth , but I think om
or two , not some of the ministers
huvo not told the truth. I don't behove an1
man was over followed Into a street car an !
assaulted In the street car and dragged out
In the city of Omaha , and you can't ' prove I
except Dy this man.
Q. If these gentlemen told their oxpcrl
cnce , and told It truthfully , you don't ' rcgan
that as fair treatment ! A. I would rciruri
It us very unfair , but they had their redress
Bomo ot them claim they did appeal to th
police and that the police protected them.
Q. If the policemen at Homo of theo poll
Ing places used the subterfuge that they di
not see the transaction , and tnat therefore i
was necessary for the assaulted party to g
and fllo a formal complaint , vou would nc
regard that as proper ! A. That would b
improper for the policeman ; hut thoywoul
linvo to prove that they did so.
Q. And suppose the policeman was part c
the crowd that engaged in this , A. Then
would have the policeman arrested.
Q. And timely turned his back at the Urn
ho saw the assault was coining and antic
pnted It , would you say Vhat was proper coi
duct ! A. I would say that was Impropc
conduct and would complain of the polic <
man.
man.Q. U'oultl you > say that under these cli
cumstanees tbo policeman ought to put th
assaulted party to the trouble of going nn
swearing out a complaint ! A. Yes , sii
tuoy did that with ino ; I have hud sue
troublu myself.
Q. Don't you know that by the statutes (
this stole If n crime is committed within tli
hearing or vision of an olllcer it Is theeluty t
the oflk-or td arrest without a warrant ! A.-
Yes , sir , but you hnvo got to trust to h
vision and his own Judgment of his vlsioi
You nave to leave it to him to say wliotlu
ho saw It ornnt.
Q. Suppose it opcurs it the nclghborhoo
where ho is ! A. The only way to do is t
coin plain of him.
Q. Do you know that by the statute <
this state hols authorized to urrtst wlthoi
a warrant ! A. Yes , ho has the right to n
rest anybody that commits a crime with !
his bight and hearing.
Q. Hut suppose they claim as a more su' '
tcrfugo that they did not sco or hour it ! j
The only thing he can do is to pototl
police commissioner and huvo him nrroUed.
Q. And If that was tLo case at these pol
Ing places , would you regard it as impropi
conduct ! A. I would regard it as Impropi
conduct on the part of tbo police.
Q. If ut any of those trolling places'any
these men's conduct or these assaults can
under the observation of the Judges and clcrl
of the election , und no effort wi
made on their part to prevent
or quell it , would you .regard that i
proper ! A. I don't regard them la tbo ligl
ot police onlcers. I think as lonp as tin
know that the voter Is allowed to go uno
structcd to the voting place aad put in h
ballot 1 don't suppose they have any right
interfere.
Q. Don't you know that It is the duty
the Judges and clerks of election to kei
tK-aco at the polls ! A. Yes , sir , but not
hundred yards away from the pells.
Q. Well , nt all places around the poll
A. They could not comooutof the pollii
place to enforce order on the outside.
Q. Don't you know that that principle
law is as oM as the government Itself ! A.-
don't lu ow of a single instance where a Judi
of election over arrested anybody outildc
the poll u f place ,
Q.Do you know that the law makes th
II olr duty , ! A. To urveat these disturb ! )
thu pence at the nailing place.
Q.And to arrust * u disturber * of tl
_
peacol A , At the polling place.
O. Do you mean merely the place phys
ically occupied by the Judges nnd clerltsi
A. I mean the plnco occupied by the clerks
nnd the Judges nnd the voters near the win
dow where they talto votes , but they can't go
outside.
Q. That Is , the space occupied by U'O per
sons at the election. A. Trying to vote ; not
these loafing around.
Q , Not these standing around In thonolgh-
borboodl A. Nnfalr , If they did \vo would
Omvo no need of police.
Q. Don't you know that It extends to nil
the territory adjacent to the place of voting
which may have a tendency to disturb the
peace of the Judges of election or of any per
son In that neighborhood attending for the
purpose of voting ! A. Disturbing thopcaco
of tuo judges tvould not extend Into the mid
dle of the street.
Q. Don't you know that It Is the duty of
the Judges and clerks ol election to protect
every man In his right to go tnoro peacably
nnd vote , nnd to go there pu.icubly . and advo
cate such men and measures as ho sees tit !
A. The word advocate doa't occur lu the
law.
law.Q. . Don't It occur in the traditions of
thU country I A. Traditions arc not law.
Q.Don't It oi'cur In the history of this
country ! A. No , sir ; it doesn't occur In
history , anything about advocating nnd talk
ing at the polls.
Q. Don't you know that It lias been advo
cated over sinCe the organization of this gov
ernment down to thu present tltno by state
ment , by writers , and by congicas itself , that
the duty of the Judges of election Is to protect
ovcry man within tbo neighborhood of tbo
lolling place ! A. I don't ' know anything
nbout what you would call the neighborhood.
DID neighborhood may extend from the top
of thu hill to thu river.
Q. Uo you regard the polling place as a
place for riot ! A. There never was a riot
in this town OH election day that I know of ,
Q. I am not speaking of riot in n general
sense , but riotous conduct ! A. A riot would
mean the violence of people gathered to-
getucr.
Q. I BupDOso n riot , technically speaking ,
would bo the riotous and unlawful conduct of
three or more persons ! A. Of anuinbcrof
persons.
Q. And If thrco or more persons were en
gaged concurrently in making nn assault ;
that is. ono assaulting and the others aiding
and abetting or encouraging it , don't you
know that would bo n riot 1 A. It might bo.
A rivulet might bo nn ocean some day.
Q. 1 understand yon to say that some ono
broho Into THE Ben oHlce , into your room !
A. Yes , sir.
Q. You had the Information only from the
night watchman ! A. From the night
watchman.
Q. Did the night watchman identify the
miml A. No , if ho hud 1 would have put
him through.
Q. So when you say that when a prohibi
tionist broke Into your room and Interfered
with youy papers , you really cannot state
whether it was a prohibitionist or not , can
vou ! A. I cannot tell , only that this man
Johnson was seen prowling around tlicro.
Q. Well , there worc.a great many around
thcrol A. Of course I don't know posi
tively ; If I had any dcflulto evidence I would
arrest him.
Q. You don't ' know as a matter of fact
whether It was o prohibitionist or anti-prohi
bitionist , or a regular burglar in search of
plunder ! A. I don't know , and Mr. Cooke
probably don'a know whether it was or not.
Q. I understand you to say also that the
prohibitionists broke into Mr. Cooko's ofllco ?
A. That Is what ho thinks.
Q. Personally you don't know anything
about that ! A. Only what ho says.
Q. You don't know whether It was a pro
hibitionist or an anti-prohibitionist } A. All
wo know Is that the documents that disap
peared from Mr. Uookc's olllco were given as
the basis , or pretended basis , for the assault
upon Lincoln and Omaha that appeared in
the New York Voice and Lincoln Call.
Q. Isn't it true that the campaign in this
city nnd state , so far as the prohibitionists
nro concerned , was in the hands of responsi
ble citizens ? A. I don't ' consider some of
them responsible , and I have got proof of it
hero that there are scoundrels who could be
sent up.
Q. Is the percentage of scoundrels in the
prohibition -party greater than in other ranks
of life ! A. I Oou't ' know : probably not , but
you take that boycott business they started
to boycott us and I have got the documents
to prove It.
Q. Isn't it true that these ministers who
have testltied in this cosiest of your city are
responsible ministers ! A. I think they are ;
I should bo favorable to the ministers.
Q. Men whoso integrity cannot bo ques
tioned ! A I don't know anything about
that. They may bo all honest.
Q. You understood whoa these gentlemen
were gathering up persons to have them nat
uralized that they proposed to gather up
these persons so as to have them vote upon
tbo question of prohibition ! A. It was
thought that the naturalized citizens were by
their education abroad intensely opposed to
prohibition legislation of any kind , und wo
simply took it for granted that these men
would vote that way.
Q. Of course , you would not hnvo paid
for the naturalization papers of a pro
hibitionist ! A. Not if we knew him.
Q. And you intended , of course , when
you paid for these papers , that these parties
should vote against prohibition ! A. Our In
tention was .to aid the different committees
that were having this question in hand In
getting the-30 people to take out thelf papers
because , as 1 state , many of them wcru poor
and had to give up their time and wo thought
t hat nil that wo could do for them was to pay
for their papers.
Q , And you expected them to vote against
the amendment ! A. Wo expected the most
of them would.
Q. That is , you would not , have paid for
them If you had not ! A. Wo supposed they
would vote against prohibition.
Q. Was It reported to you as a member ol
the executive committee , or to your com'
mittco , that these persons for whom those
papers were taken out would vote against the
amendment ! A. No , because wo could not
tell an vising about that.
Q. When these gentlemen catno to jou foi
orders upon Mr. Moores for naturalization
papers , and the char.ictor or the sentiment
of the persons who sought the naturalization
papers made known to you I A , No.
Q. Was it mndo Known to you whothci
they would or would not support the prohlbl
tory amendment ! A. When a Bohemian
came to mo I knew of my own knowledge ol
the Bohemian people there \vaa not a prohl.
bitlonist among them , and I could take my
chances on It.
Q. I3o kind enough to answer the qucs-
tlonl A. I never inquired nnd conlcl nol
very well , because they themselves did not
know.
Q. Wasn't this money paid to Mr. Moores
upon the supposition , cither ox pressed or im
plied , thnt the persons whose papers were
purchased would vote against the amend
niontl A. The money that was paid to Mr ,
Moores was simply paid to him for his BIT
vices ; so far us ho wns concerned , there was
no understanding nbout it.
Q. To muito these persons eligible to vote
A. Yes , sir.
Q. And you expected these persons thus
made eligible to vote ag.ilnst prohibition !
A. Wo expected nine-tenths of thorn would
Q. And in n matter of fact , they dldj A.-
I suppose they did ; I don't know ,
if Q. And ns n mutter of fart , also , thov sup
it ported the democratic ticket ) A. I'hatli '
not truo.
Q. Isn't It largely true ? A. I think per
haps the majority of them voted the demo
cratlc ticket ,
Q. Are you not satisfied that eight-tenth ;
of them supported the dumocratio'tickot
A. No , 1 am not.
I- Q. What porcon tape would you put H nt
A.i could not tell you , but I know a num
bcr of the men for whom the papers wen
furnished that were working for the ropubll
caus , and hcnco I suppose they voted the re
publican ticket.
Q. Whore did j'ou got this ticket markei
exhibit II ! A. 1 got it from ono of th
ticket peddlers that had the tickets ; I don'
know Just which one of the polling places.
Q. You don't know whether it was gottoi
out by authority or not ! A. I don't knov
anything about the authority.
Q. Now the tickets that were complalnei
of und called illegal and bogus were llio tick
cU that were the regular party tickets , irro
spoctlve of democrat , republican and prohl
bltion. nnd so on , oxcorit that it had "for th
amendment" Instead of "against" ut the bet
tom ! A. The principal complaint was o
the democratic , tickets because their tlcko
had "against the prohibitory amendment" n
tbo head , nnd their party had gone ngalns
prohibition in the platform , and the dome
crutlo workers in particular were very nngr
nbout that mid thought they were bogus t
have "for prohibition" nt the bottom.
Q. Answer my question please ! A. Tha
was the principal ticket ; I don't know wha
badgotlio mnn had on.
Q. The tickets that were complained of
th several polls In your city were the regt
Inr tickets , Irrespective of the different
parties , excepting they had "for tlio rtmcnd-
nient" nt tha bottom ! A. Some of them
were nnd some of thorn were tickets llko this
tlint were complained of mongrel tickets.
Q. Did you sea any other ticket than this ?
A. Yes , 1 saw some inoro mixed ,
Q. Don't you know that a mnn has n right
tovotonny ticket ho wants to nnd Unit Itl3
entitled to bo countedl A , But this ticket
Is deceptive.
Q. Hut ns a mnttcr of Inw It Is not fraudu
lent nnd bonus I A. The pcoplo thought
the men hcilovcd th.it these tickets were
bogus. I myself behoved that these tickets
were lORnl.
Q. Don't you know thnt a mnn cnn take
nny ticket ho wants to nnd vote It I A. The
mnn himself may vote It.
Q. Amltlon'tyou know thnt If nmnnenn
get nnolhcr mnn to vote by proper rcprcscn-
tntlona to him ho has n right to do that I A.
I don't know nbout thnt. Our law mnltes It
Illegal for nny person to hnnillo bogus tick
ets , nnd these tickets Imvo n party bend with
mimes Inserted ttrit don't UcloiiK thero.
Q. Don't all these belong under there ?
A. No , there nro nil kinds.
Q. Uutsupnoio the Independent workliiR-
muu's party adopted this ticket ) A. There.
Is no such party.
Q. But suppose there wna nn Independent
workliiKinnn's narty thutiidoptod that ticket
nnd took n portion of It from nil the dKTorcnt
tickets , wouldn't ' It bo as legal ns the reju b-
llcnn or democratic tlckoti A. YDS , sir , If
there wns such n party.
Q , And wouldn't n tnnn have the right to
go to the noils with 111 A. Yes , sir.
Q. And hand It to his neighbor to votol
A. Yes , sir.
Q , And would ho ho properly chnrgoablo
with podullng bogus tlckeUI A. No , not if
they were the nominations of some particular
pnrty.
Q. The straight democratic , nnd ronub-
llcnu , and Independent , nnd prohibition
ticket , with the words , "fnrthoaniendtnent , "
on It , wasn't that , a legal tlckoti A. 1 tlilnk
Itviis legal , but I saw it stated to parties at
the election
Q. Kcgardlcss of whether the words ' 'for '
the amendment" were put under It or at the
head ! A. Hcgardloss of thnt.
Q. Thnt was the subject of complaint nt
these polling places mentioned \vhoro the
parties would suy It was illou'iil ? A. The
pcoplo there bcllovcd It was Illegal , and that
wns why they hid nil this racket.
Q. Aiul the pcoplo who bollovo they were
Illegal Indulged in some excesses , did they
notf A. They Indulged In excessive talk-
Ing.
Ing.Q. . And In some places moro than exces
sive talking 1 A. It may bo for nil I know ;
I was not there when It was dono.
Adjourned to" p. m.
i'EDDIjED ILLEGAL TICllETa.
Two Prohibitionists Toll How They
Sought to Deceive People.
Yesterday icornlng the taking of testimony
In the Powers-Boyd case , In favor of the con
testant , was resumed.
J. L. lllco ( cross-examined ) said I voted
nt the Fifth precinct of the Sixth \vnvdLane
and Twenty-sixth streets. Everything was
orderly up to 13 o'clock nsldo from threats.
Don't ' know who made the throats. It was
very boisterous there nt the primaries , also.
I was Intimidated election day , but I held
ho fort. They called mo names "fraud"
and other names. They smd I was peddling
raudulcnt tickets. I am a republican. I
ind republican , democratic and Independent
Jckots , nil with the amendment on them.
Frank Kemmer toro up my tickets nbout 10
o'clock. Ho resides nt 1T24 North Twenty
eighth street. There were Powers nnd Iloyd
.iokets in the bunch. Knew the prohibition
papers had attacked the census of this
: ity. It aroused a good deal of
.nditrnntton. I got another supply of tickets
alter Kemmer dcslroyed the ilrst. They then
surrounded mo and toro my tickets up again.
I armed myself In the afternoon , when I
was nt dinner they struck a man for me.
They didn't strike mo , but would if I had
boon thero. I don't remember any one being
prevented from voting his choice.
Mr. lUchard Berlin wns recalled nnd testi
fied substantially to the same fuels published
n his previous testimony.
John A. Pierson testified I voted at the
lust election , In the Fourth district , Eighth
wird. I work on the Swedish Journal ns
advertising manager. Was nt the polls
election day , several of them. I nad
tickets of nil parties with the amendment
on them. I went to Clontnrf precinct.
Saw a special poliecman wearing a personal
rights badge. Ho had Boyd tickets. Ono of
the judges or clerks told mo tbat ho didn't '
think it safe for mo to remain there , and I
left. At Twenty-second and Cumin g streets
my tickets were taken nwny from mo and
torn up. Idon't think ifvras n free olecMon.
Cross-examined Have taken out my iirst
pnpors. The Swedish Journal was brought
hero a couple of months before the election to
work for the nmcndmcnt. I was at the
Clontarl precinct. Nobody Intcrferred with
ino when I voted. Our paper
was organized nt Holdrogo to corr.o hero and
Influence the Swedish vote for the amend
ment. I saw no violence at Clontnrf. I next
catno' up to Sixteenth nnd Dodge polling
place. Gustavo Anderson was there and he
advised some man who was ped
dling amendment tickets to leave
the polls , becnuso his tlclcctf
were fraudulent , and ho waj llabki to bo ar
rested. His tickets were the same ns mlno ,
I not them nt the amendment , houdqunrtcrs.
They had the name of John T. Crowe on
thorn for county attorney , which I under
stood was the wrong nnmo. Thov poured
whisky on this man nnd tgok his tickets
awuy from him nnd toro them up. I knew 11
was whisky because I smolcd | it. I didn'l
'
see it poured onhim. . In tho' afternoon I
went to Twenty-second and Cumlng. M >
tickets were taken from mo there. Thoj
said they were fraudulent. Thov worn foi
Powers and the amendment. They Invited
mn to leave , fto one laid hauds on me ,
I next went to Tenth and Davenport , Thoj
took tickets awny from n man there. The >
were independent tickets. They did not laj
hands on him ; only snatched 'his tickets ,
They claimed they were fraudulent.
Charles A. Coo , treasurer of the Business
Men's association , sworn Haven't much iocs
how much money was paid to TIIK BEI : Pub.
Hsblng company. It would not reach 51,000 ,
neither would that paid Gibson , Miller &
lllchardson. Don't recollect of nnj
money bolng checked to W. A
Paxton , Herman ICountze , Guy C
Barton or Edward Hosowattor. We
paid out In Douglas county probnblj
$1,000. Don't know what the secretary's expenses
pensos wero. Haven't the slightest idoi
what has become of his reports , checks
stubs or papers. They were lett in our ofllci
unprotected ; they amounted to nothing nnt
wo have paid but llttlo attention to then
since. None of this association knows nny
thing about * the condition of those funds
There has never boon n settlement , with mo
Don't know what bccamo of the re
turned checks. Don't know wont hni
hocomo of the deposit books. Don'
think I have had them In iir
possession slnco this contest began
All money I received wna deposited In th <
First National bank. Can't say whcro th' '
papers and records of the Bankers' nnd Busl
nosa Men's association nro , or what has become
como of them. Have not consulted n modlun
yet. Don't romouibor how much money wa
sent outsldo of the county. It was no
f 10,000 , butlcnn't tell how much ; don't re
member how much , hut I do know there wa
us much as n nlcklo.Can't sny , whctho
there was ? 1,000 sent out or not ; { don't rccol
lect any thing nbout It. Think it took mor
than SIO , ( > 00 to organize- the nuxlllnr
associations outsldo the county. Have neve
made a statement , either written or oral , t
any ono yet. I offered to ; don't rctnombcr t
whom. Our expenses in this city on olectloi
day were very small. About 815 , I think
Don't know of any debts contracted on tba
day. Did not get $1 from the wnlsky trusl
I refuse to answer whether wo received an
money from members of the whisky trust d
not , hut wo did not to my knowledge. . Don'
know how much wo got from person
outsldo of the atato. Never got u 13,00
check from the outsldo. Not $1 came fror
Poorin or Chicago. Fifty dollars , I think , wi
received from Now Yorir. from some mn
who owns veal estate hero. Don't kno\
whether there is a resident member of th
whisky trust hero or not. A. L. Miles note
as treasurer during my absence.
Cross-examined The Bankers * nnd Bus !
ness Men's association was formed for the U
glthnnto purpose ot defeating prohlbltlor
Nouo of our fund was expended { o secure th
election of any candidate on the republican
democratic or Independent tickets , or for th
defeat of any of them. It was eolcly used t
dofcat prohibition. Nona of the contestoc
contributed any money to our fund , miles
some legislative candidate of this county ai
so 03 a business man of this county , 2 ono c
ho conUstcea for flVnjio officers contributed
my thing1. Notjl Ws'nont for nny of these
nndldatoa. Vt" '
VEST l 6'jJici3T VOTES ,
hco AVcrc the lUnd or Ilnllots Cast
nt the sVUo I'lfotliMi.
Mr , Charles OffutVas not In his nccus-
onicd plnco ijestcrdnyt morning by the sldo
t Mr. Ogdcn nt the table whcro ovldonco
/ns bolng taken in , t\o gubernatorial case ,
nd the httcr gcntlwiHin conducted the ox-
initiation lor Mr. Uoj'd. '
D. 0. Courtnay of Lincoln appeared for Mr.
. H. Bcnton. i (
George I , Gilbert sworn Am n member of
ho hoard of flro and police commissioners of
ho city of Omaha. Wns appointed by Qov-
rnorThayor. Visited the polling places of
ho city at the last general election. Never
aw a moro quiet and orderly election In my
Ifo. Hoard of no outrages having taken
lace.
Cross-examined Have been a democrat for
, ho past twelve or fourteen years. Decline
o sny for whom I voted nt the last election.
7otcd a scratched ticket. Voted
igaliist the prohibitory ninondment.
isltctl possibly a quarter of the polling
luces hi the city. Mndo two circuits of
hem , ono nbout noon mid the other-later.
tciiiidncd at each perhaps nbout ten minutes.
t Is possible that ono egg wns thrown or thnt
ino man was knocked down. Ono egg or ono
( nock-down do nut make a riot nnd ono swal-
.ow does not make spring. I should not be-
ievo that It wns otherwise than a quiet cloc-
ion , even if citizens of Omaha swore that
hero were disturbances in thlrty-ono
) f the forty-ono precincts of thov city.
Such disturbances would constitute n very
boisterous , uncivil election , nnd I know of my
awn knowledge that it was not so. Saw a
partner of mine named Anderson peddling
prohibition tickets In the First wnrd. Knew
before election day that he would pcddlo
ieso tickets , as he Is a prohibitionist. Ho
ivns not Interfered with whllo I was thoro. I
nsUcd him if there hnd been nny trouble nnd
ho said everything had been qulot. That was
nbout llslU ) o'clock.
W. F1. Gurloy sworn Am a lawyer. Have
been practicing for llva years. Have lived
'icio for ten years. Visited n numbnr of poll-
.ng places in this city nt the last general
election. Think tbo' polling places were
doubled before that election. Voted early In
the morning nnd there were few nbout the
polls. Noticed parties peddling tickets. Some
tickets were headed Independent , also others
headed dcmocratlo nnd republican. There
wns larger per cent of what wo call the hotter
clement of our citizens about the polls than I
ever saw nt uny previous election. They
were peddling tickets and working about the
polls in the various products. I think I
visited thirteen precincts. Was u candidate
on the republiuan ticket for the state soimto.
Was nbout the polls all day until toward
evening. It was the most qulot and orderly
general election that I over saw In this city.
That was the general impression , and In
many instances it was n matter of sur
prise. It was much quieter than
many of the municipal nnd wnrd
elections that have been held. hero.
The stores were generally closed , mid the
saloons were apparently hermetically scaled.
A very largo "vest pqckot1' vote was polled.
Know of no organization hero that was calcu
lated to deprive Mr. Powers of any votes.
It was not generally regarded hero that Mr.
Powers was In it. A largo per cent of the
votes was cast early , in the day. The city/
papers published articles urging the people to
go to the polls early and vote.
Cross-examined Voted for Mr. Hit-hards
and against both amendments. Was not par
ticularly intlmato with these who supported
the amendment. 'ICnow of no arrangement
made by the republican committee to chal
lenge every prohibition voter.
W. F. Beclicl , sivprn Hnvo lived in Omaha
twelve years. Wasm candidate for the state
senate on the republican ticket nt the last
election. Voted ut the corner of Sixteenth
und Farnntn about 9:30 : In the morning.
Tojk my place in line nnd It teen mo about
half an hour trx iret to the window.
There was perfect order und perfect sobriety.
It wns the most orderly election J. over saw
in this city. Saw moro vest-pocket voting
thanover boforoln-my life , thati is , voters
\vho hvcnt with their ballots already pre
pared. Saw no obstruction in the matter of
casting his uoto , There was an understand
ing among the business men that their places
should bo closed and Itwas
, -was generally ob
served. Dlo not sco a drunken man or a
whisky flask on the day of cloction. I was
oven refused my usual bottle of nlo with my
Monday lunch. Saw no ono intimi
dating nny prohibition workers Am u
member of the city council of Omaha ,
before the last election the number of polling
places were Increased from nineteen to forty-
ouo in order thnt every voter would have an
opportunity to vote without taking up too
much of his time , Think there are still too
few polling places. At some of the polling
places nearly 1,000 votes were cast. The lar
ger cities bavo reduced the number to 400 or
500 , and New York to SOO. Cards were given
out tofacilltatevotlng. as the voter could
give his number and ulsnamo bo moro readily
found. The strong feeling against prohibition
wns what caused the largo turnout of voters.
ICnow of no intention on the part of nny
organization that any unjust discrimination
should bo manifested against Mr. Powers.
Under the old system m.tny of the laboring
men wore unnblo to got In their votes. Thi
full registered vote wns not cast nt the last
election. . About the usual proportion of ttu
registered vote was cast. There wns a gen.
cral feeling In the city that the Inflammatory
articles printed in the Bumble Bco wort
uttcrlv untrue and were a gross libel on the
best citizens of Omaha.
Cross-examined On general principles ]
was satisfied that whatever was in the Cal
with reference to this city was falso. Havt
been a member of the city council for si >
years. I voted for L. D. Richards and ttu
straight republican ticket with ono exception
Voted against prohibition and for hlgl
license. Did not ECO a vote challenged 01
election day. Passed by probably n hundrct
saloons on election day , nnd bchovo that al
saloons in the city were closed.
An adjournment was then taken until '
o'clock.
AFTEIINOON SESSION.
In the afternoon W. J , Broatch was th <
first witness sworn. Ho said ho was ox
mayor of Omnha and attended thu last general
oral election , which wns very quiet nnc
orderly ; In fact , the most orderly und soboi
election ho ever saw cither in Omaha or else
where.
Cross examined Anticipated moro troubli
at the polls than I saw there. .11 egg mnj
have boon thrown or some person stoned , bu
I dcnv the statements made by the Voice
which convoyed the impression thntthosi
scenes were general. If ono person at ever ;
poll in the city did something of that kind .
would say it was u quiet election , as thn
would represent less than 1 per cent of th <
pcoplo about the polls. The sendlui
out of reports that were pub
litrhed did dtuso this citv fairly
There was nothing to prevent men gettlni
liquor the day previous nnd keeping it ii
Husks , but the saloons were not open on elcc
tlon day. Voted for Mr. Hlchards nni
ngntnst the umoidment. Mr. Hosowater am
others represented that I nm n prohibitionist
and I am sorry tofsny that some people wh
hnvo known mo for years preferred to believe
liovo Mr , Kosejvut r. The charge \yna mad
against ino maliciously for the purpose o
hurting mo politically , as it was made jus
bcforo the primaries that had ii
view the nomination of state officers
My opinion of tfio' election is formed by whn
I saw nnd beard nid ) what 1 know of elci
tious in gcnoralf , I was solicited to contrlbut
to organizations , ) this city formed for th
purpose of opposing the amendment. I re
fused to contribute. I bellovo Mr. Moffut
wassontto rno'by Mr. Kosowater , knowln
that I would refuse , for the solo purpose o
getting my refusal to use against inc.
Uo-dircct examination There is no spec
fled term for the members of the board of flr
nnd pollco commissioners , ns they nro nr
pointed by the governor nnd virtually hoi
olllco during good behavior. During m ,
term of oltlco I doubt if the members of th
board knew of the politics of the policemen
I presume the majority of the policemen 01
duty at the last election were appointed dui
inc my term of ofllco. Ifoitthatour pollc
was as oak'lent a body of men a
there Is in nny city In the country
W. B. Spavoy. the present chlof of pollco
was appointed under my administration.
Major John B. Furny sworn Have lived i
Ornnha twenty-four years. Voted at the las
general election in the First district of th
Kiehth ward , Parties peddled nil kinds c
tickets democratic , republican , Indonondon
nnd a kind of bastard arrangement with tlcl
eta of all kinds with n voio for the niucm
incut tacked on. The peddlers asked voter
what their politics were and then haudc
them a ticket which professed t
to lu accordance with the expressed vlc\i
told Mr. Merrill that 1 bcllovcd thnt these
Ickots were no good. Ho did not agrco with
no. I mot him since thu election at n social
n the concert hall of the Kountzo Memorial
iliurch , corner of Sixteenth and Hartley
treets , and I asked him if those tickets were
ill right. Ho snld ho thought so , butth.it
ho only wrong ones ho Jmd were tlio o of the
ndc Qjiilcpt pnrty , which ho had Inter torn
"ipauil thrown nwny. Ho did not say that
uiy one else nad torn up his tickets. It wns
'ho best specimen of n sober , qulot election
hat I over saw. As compared with Brook-
yn nnd Now York , thu election hero was
[ ulotor than any I oversaw there.
When shown n copy of the Bumble Boo ,
ho major said thnt some person without the
ear of Uod or respect of mankind before him
ind loft copies of thu paper en his porch bo-
ere tha election , und ho had rend It
is a literary curiosity. Sovernl others whom
10 know hnd been similarly inflicted.
Such n careful cnnvnss of the vote was kept
n my district thnt all hut seventeen of the
cglstcrcd votes were polled nt n quarter
nftcr ft o'clock , nnd six ojc these were subse-
lucntly polled. The tickets peddled by the
irehlbltlonlsts created distrust , nnd reports
voro current before wo got onto It thnt sev
eral ot these tickets hud been voted Inad
vertently.
Cross-examined There was not a voter
challenged becnuso ho was voting a prohltil-
, ion ticket. Three clnllcngoH , ono of u re-
lubllcnn nnd two of democrats , \vero suc
cessful , because they hud moved out of the
ward.
. L. Mngnus sworn Am in the real cs-
, nto buslne-H. Saw Mr. Mcrilll .peddling
tckots in the Fifth ward nt the last election.
Was present when ho solicited p.irtles to vote
tickets which were ostensibly the regular
larty tickets with nu amendment vote nt the
jottom. Was struck with the wrong spelling
of the names of Mr. Cnpek , Mr Hlgglns
and Mr. Gushing. Had provl-
> usly seen onu of those tickets.
Jhoy did not explain nbout the nmcndmcnt ,
ind I never heard nuyono deny tbat thcso
parties Intended to deceive the voters. The
election would compare very favorably with
any other election I ever saw. I never heard
of a cross word being exchanged , and I
would have heard It if It hnd occurred. In
Dnmhu Mr. Powers wns not regarded ns a
formidable candidate against cither Mr.
Hlchurds or Mr. Boyd. The ordinary voter
did not regard that jPowers had n ghost of n
show. I voted und worked for Mr. Klchnrds
nnd the whole republican ticket. Did not
see anyone offering liquor about the polling
places.Tho oaicers conducted ulTnirsaround
Lho polls xvltu perfect decorum.
J. B. Reeve , sworn Have resided hero
four years. Am n legal voter nnd was at the
polling pluco ol the Sixth precinct of the
Sixth ward all day on the day of election.
Anthony Johnson was there peddling all
kinds of tickets , having n vote nt the bottom
for the prohibitory amendment.
Judge Do.uio swore Voted In the Third
district of the Fourth want shortly nftcr
noon on the day of election. Am judge of the
Third judicial district. Visited several other
Dolling places. There was no drunkenness ,
and the utmost facilities were offered to
void's m casting their votes. There wns
nothing approximating a mob that came
under my observation. It wa's surprisingly
quiet. There was certainly no foundation
for the chnrges of anarchy published In cer
tain papers. The last , ge icml election would
compare very favorably , vlth any elections I
ever saw hero or olsewhero. I might desig
nate It as the most quiet and orderly election
over saw.
Cross-examined At previous elections I
liad seen more or loss Intoxication , but on the
last election day I saw none of it. If it was
sworn that isolated cases ot assault occurred
In thirty-ono of the forty-ono precincts it
would uot change my Idea thnt it was a qulot
election. Even fortv isolated cases of this
nature would not change my mind. If thov
were cases of 'organized assault
It would change my * mind.
There were no grounds whatever for the
ctmnres of nnnrchy and that Omaha hud been
[ riven over to a mob. Have read the pub
lished testimony taken at this contest. Ilnvo
seen nothing that would cause mo to change
my mind. Hnvo nfllliiitcd with the demo
crats. Voted for Boyd nnd against the pro
hibitory nmondrnent.
An adjournment was taken at 5:45 : o'clock
until 1 ! ) o'clock this morning.
_ _ _ .
Attorneys Exchange Compliments.
A lively llttlo by-play was enacted Just nt
the hour of adjournment at the table at which
evidence was being taken for the contestant
In the gubernatorial case.
Mr.Vbarton , attorney for Boyd , wanted
to adjourn until 10 o'clock this morning and
Mr. Stricklcr , the prohibition attorney Tor
Mr. Powers , declared thnt the hour should bo
9 o'clock. The Powers notary , E. E. Thomas ,
Immediately coincided with Strtcklor's views.
Mr. Wharton thereupon took occasion to case
his mind regarding the noticeable manner in
which the notary had Invariably ruled in
Strlckler's favor , und charged "Thomas with
being a tool of his attorney.
Thomas denied It , and finally branded
Wharton's statement as n Ilo. Wharton took
no notice of it , but reiterated his statement ,
when Thomas gathered up a copy of the no
tice of contest und dashed it in Wharton's
face , and then grabbed n chnlr lu order to bo
prepared for the expected retaliation
It didn't come , as Mr. Wharton picked up
the nundlo of papers and politely handed
them buck.
At this juncture Strlcklor concluded that
Wharton was just the kind of tin udvcrsnr.v
he wanted to tight with , nnd drawing bis ab
breviated frame up to its full-height of 4 foot
and 2 Inches , piped out that Wharton
was a "cowardly llnr. " Wharton
reached over the table and soothingly
patted the excited oantam on the head , and
Stricklcr flnullv yielded to tbo admonition to
"bo a good little boy. "
The scene nttrnctcd the attention of everyone
ono In the room nnd the other tables whro de-
sorted. Matters soon quieted down to their
noimal condition , however , nnd the monoton
ous grind was resumed.
The Price of Metals.
The following1 statement of prices per
pound for various motnls may bo Inter
esting : Gold , $309 ; platinum. $124 ; sil
ver , $16 ; nickel , 51 cents ; tnnnpfaneso ,
67 cents ; tin , 24 cents ; copper , 1SJ cents ;
zinc , 0 cents ; lead , 4 cents ; cast steel , 8t
cents ; iron , 2 cents ; aluminum , $1.
The Cod
That Helps to Cure
The Cold.
The disagreeable
taste of the
GOD LIVER OIL
is dissipated in
Of Pure Cod Liver Oil with
HYPOPHOSPHITES
OB' Lxzurrs AJSTD
The patient suffering from
CONSUMPTION ,
miON ' , lllTIH , COIIKII. COM ) , OK
WAHTlftC IHSKAHi ; * , mny inke the
remedy with as much sailsfacllnn as ho
would take milk. 1'liyslclnus nro preacrlb-
Ini ? It everywhere. ItU a perfect cmuUlnn.
tnil anondtrnil fltili producer , Tiilie no ollirr
DR.
Practice 11 nil ( ml to
Dltfcaioa of the
LUNGS
AND
Nervous System
Including Neuralgia ,
I'aniljili , ijllc' : | ' J , '
Catalepsy , lly turo
ItpllCDir , Coiirul-
nlont , nplnil InlU-
tlon , Ittioumatlim ,
CbronJo Alcoliollmn ,
Nurvuui IleHdiiulif ,
.Nervous I'roitrutlon
( iiimiiupllonuuil nil
Uliuuii'iof tliu luniii
llooui 3IG to 330 ,
BEEBUHDING ,
OMAHA.
Don't
SHOW
WINDOW !
THE SUCCESSFUL
CONTESTANT
for our $20 Suit Prize was
Mr. Joseph Getner , 1306
North xSth street , this city.
We promised the public
ANOTHER
SURPRISE ,
and here it is.
Wednesday , Dec. 17 ,
\Ve will place
Something in Our
S/iow Window
But we won't tell you about
it here , because we want
you to
SEEIT IN OUR
SHOW
WINDOW
AND NOT HERE.
We will cheerfully answer
all letters of inquiry from
out of the city.
The $50
Qver coats
For $10
Which at present are all the
go [ in the newspapers and
in your mind ] we neverhad ,
but we have biggest trade
we ever had in our 36 years'
business experience in
Omaha.
We own our goods as low
as any honest merchant in
the world , and we are closing -
ing them out at a very small
1 profit , to make room for one
of the finest Spring stocks
ever shown in Omaha ,
DON'T FORGET THE
SHOW WIN DO IV.
Call on us before you buy
Clothing or Furnish ing
Goods/
It will pay you ! ! /
By the way , we just got
in an immense line of Holi
day Neckwear , one in a
box , if you \yant them fora
present [ and no fancy price
on them ] .
The choice of our stock
is going fast.
Come soon.
Cor. 131 and Fariin ,
The Oldest House in the
State.
DON'T FORGET THE
SHOW WINDOW.
AMUSEMENTS.
Boy el's.
yplmrsday , Friday , Saturday , Sunday ,
I DECKMHKIl 18 , 10 , BO , ill ,
Matlnpo Kutimliiy ,
nr.Timx orWiB'rXvoiiiTE COMEDIANS
DopS &MD
in TIIK oitmrKST nr AM. rAnci-co.Miiiirs :
NATURAL GAS
( IN A NEW METER. . )
EmbollBhed with iiewmuslo , newBoncs.Tio\r
ilnnces , striking costumes , provoking sll
tuitions and pretty fa ei ,
Munlrnl Illructnr , Utrll.Vltll STAIU. , nuthor ot
the Hen Klnit niul Bald I'aslm. Bonn nowun Bale.
NIGHTS ONLY AND
3 BATUUDAY MATINEE.
Thursday , Friday &Bati1rtlay , Deo.18,19 , & 20
LOSDOH GAIETY GIRLS
The Most Superb Burlesque Co. Coming
Knahnntliiit music ! llowildcrliig daijccst
Grand inarebosl Tin soul Htlrrlnir Carmen-
clta dance. Ilo sum anil sen It. Prices Or
chestra , 50c ; balcony. v&t\ \ gallery , ! Wc , box
Bouts. 75e and $1OJ. llox bhucl opens Wed-
muchly mo tnlnjr.
THE
In flllburt ASulllvin'n Lntost Oporntlc Crnzo ,
plie Gondoliers
GORGEOUS COSTUMES.
TWO CARLOADS OF 3CENERY ,
Direct from ttio ( 'IjJrtuo Opcrn llinino. Ornnaca *
I'rortnctloii liver Been lu Oimilin.
llox Sheet oiiu'
STANLEY.
IN DARKEST AFRICA.
nrllllnntly the oxjiloror Irnils a t-roit : nuilloncq
from const to ccuit of Africa , unit tolN tliaaiui
tl.UBO ( UeniHul niunthii under the < ILUQ , liutaua
nk'nmlne foliage of the Dark Continent.
HENRY 11. STANLEY
Will deliver his famous lecture entitled.
"Tho licsciioof Kinln I'.tsli. the Ken < st3 , l'lg
mlus and Miirolc Across Africa , ' , ut the
Bran Operates
WEDNESDAY EVENING ,
DECEMBER 24 , ' 9O.
Tickets $1 , $2 , J2.COand i3 including the fol
lowing :
HENRY M. STANLEY ,
December 21.
The renowned African explorer. [ Mnnasoj
niuntof J. H. l'oml.1 The Husoiio of [ .mla
1'nsha , thu I'oru-its , plginios ninl .March aoroiS.
Africa. The subject upon which thu minds ot
men IsrlvltcJ.
Ovidc Musin Concert Co. ,
Jiiinmry 8 , 1801.
Ovldo Musln. the Croat Violinist , iiaglstodby
voonllsts of great ability. A night of inusla
anil song.
GEORGE KENNAN ,
February 7 , 1891.
Newspaper Concsnondi'iit imrt Truvolea
'Itu lan Volloo. i\liesand : Prisons. " An lui
tensely Inturustliii , ' lecture.
Gen. Horatio C. King ,
March HI , 1S)1. ! )
SoeMtaryof O. A. ! . ! Jnclea AclvoeatoOon
oral of Now Voik. "Krom Wluclicstor to Ap'
poiuatlo.x. " A tlirlllliiK war story.
TlckotH now on sale attlmbo.x olllco of thJ
QriindOpoia Ilunse.
%
a °
n U'
' - '
> ,5 en a-
, ; '
" * / , ; ?
Comer Oth , aiU iliruay Streeti , OraiUa.
FOR THE TREATME r Or ALL
Chronic Diseases and Deformittei
DR. A. T. MoljAUQHLIN , Pro3ltlo\
Founded by Dr. J. "W. McMenamy.