The farmers' alliance. (Lincoln, Nebraska) 1889-1892, December 13, 1890, Image 6

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on t&ra, and Powers, and Richard and
Paine tickets? A. Yea air.
Q. And those tickets that were taken
out of your hands and torn up had
Boyd's name on as well as Powers?
A. Soma of them, yes sir.
vi. do r as you Know you naa as
many tickets of the one man as of
another! A. No sir, I had more of the
Powers tickets.
Q. You were more particularly inter
ested In Powers? A. Yes sir, I was.
. Q. Promiscuously, the tickets that
were taken out of your pocket and torn
up had the names of all the candidates
on? A. Yes sir.
Q. And if a man wanted to rote the
demooratio ticket you handed him a
ticket. A. Yes sir, if he requested a
democratic ticket.
Q. Yu did not reside in this ward?
A. No sir, I did not.
Q, You' didn't rote in this ward? A.
Why didn't you peddle tickets in
the ward In which you lived? A. Be
cause my ward was sufficiently manned
and it was so considered by our com
mittee, and that was a ward where
there was no workers, and I was sent
there by. the non-partisan committee,
and also the request of our Indepen
dent club."
Q. That was a very strong prohibi
tion ward? ,A. I think so.
Q. The strongest in the city? A. I
don't know that I could say that.
Q. Well, one of the strongest. A.
Ye3 sir, one of them." v
Q. You had no design in going over
there to stir up strife? A. I had no
desire to stir up any difficulty, no sir.
Q. What time in the morning was it
when you went there? A. It was prob
ably half past nine when I first went
there, or about that time.
Q. And how long did you stay there?
A. About; fiv mtniitoa
Q. How soon were you back at the
polls? A. Well, we went over to the
T J. Sit n -i .
)oiice station; i aon t naraiy Know, it
s probably eight or nine blocks, and re
ported the matter to the police, and we
were driven back as soon as the patrol
wagon could take up.
Q. How long did you stay then? A.
Probably live or ten minutes.
Q. The second time? A. Yes sir.
Q. After that you did not go back?
a. No sir, and my reasons were how
ever I was too badly hurt to go back; I
was sick.
Q. You heard the word that the
chief of police would send a squad of
fifty policemen? A. Yes sir, but I was
not able to go, and besides I didn't con-
fcuv WiiVU nuuiu JJlVLCsV LUpi
Q. You didn't think the police would
protect you? A. I didn't think they
would, no sir. ' . .
Q. Did you see any one there pre
vented from voting for Powers at that
poll? A. No sir.
Q. Or any other state officers? A.
No sir.
Q. Was there any opposition to a
free ballot there for any state officer?
A. I don't know as to the ballot.
Q. But so far as you know there was
none. A. I had no opportunity to
find out.
Q. Have you the names of these
people who assaulted you? A. No sir.
Q. Did you try to ascertain their
names? A. I didn't, no.
Q. Did you file any complaint against
them? A, I didn't consider it neces
sary as the police officers had seen the
acts done, and I did not consider I
would get justice. ,
Q. If you thought your life was in
danger, you had the right to appeal to
t.h fnl1TtS? A T ' IIHn t fl DOm if nroo
necessary, because I lidn't think I would
get justfce.
Q., You made no complaint against
them? A. No sir. I filed my com
plaint with the chief of Police.
Q. Did you see those people that
took the tickets away . from you? A.
Yes sir.
Q. Do you know the names of them?
A. I do not.
Q. Did you try to ascertain their
names? A. No sir; I reported them to
the police and asked them to arrest
Q. What ward did you go to after
you left this? A. I went home.
Q. You were not seriously injured?
a ven, i was connned to the house
for a number cf days.
Q. From the injuries you received at
what point? A. Do you mean the in
juries! received at what point?
Q. Yes 6ir, you stated you were
toned? A. Yes sir, that was at Six
teenth and Williams.
Q. What is the . injury you received
from missiles thrown at you? A. Well,
I got an injury on the body at a point
where I least expected it. I was struck
on the back of the head and knocked
down to the pavement and skinned my
knee, and I didn't think it was serious
at first and I was out for a couple of
days and it swelled up and became in
flamed so I was confined to the house
oh account of a stiff leg.
Q. And that was received two blocks
away from the polling place? A. About
two blocks.
Q. What were the names of the po
licemen who were there the first time
you were there and who failed to pro
tect you? A. I don't know.
Q. Did you make an effort to ascer
tain their names? A. I didn't. I know
the policeman by sight when I see him.
Q. You voted at your own precinct
before you went there? A. Yes sir.
Q. That was in the Sixth ward? A.
Yes sir.
Q. Did any one object to your ballot
at the time you x6ted? A. They did
Q. And these tickets you were dis
tributing had simply "For the amend
ment" printed on them? A. Yes sir.
Q. They did not contain both "For"
and "Against?" A. No sir..
: Q. And from your observation there,
at the time you were at the polls, it is a
faot, is it not, all the excitement and all
the difficulty grew out of the prohibi
tion question? A. I could not say as to
Q. You saw no wrangling and no con
test over the officers? A. I don't know
what was over. I think the mest of
it, as I said before, the most of the dif
ficulty was on accourt of the amend
ment. -
Q. You stated you saw some personal
.rights leaguers Who had the Boyd badge
on? A." Yes sir.
Q. How many? A. I do not know.
- Q. Did you see any republican badges?
A. Not on personal rights league men.
I don't think I saw any republican
badges; I don't remember of seeing
Q. How did you1 see.there
having Boyd badges who also had per
sonal rights league badges? A. I could
not say as to the number. -
Q-jJThatis juurbest recollection?
I A. It was a promiscuous crowd and
therawas a great many who had per-
sonal rights badges; personal rights
( league is the right name I believe.
. Q. Did you know the men who wore
I them? A. No sir.
J Q. You do not know the name of a
person who had those badges on. A. I
rln nrt. air.
tj. i ou never made .any enort to as
certain their names? A. No, sir.
By Mr. Striekler.
Q. Was it not understood in Omaha
that Boyd was the candidate of the anti
prohibitionists? ,
Mr. Harwood objects as irrelevant
and not a part of the specifications.
Overruled. Excepts.
A. Well,' from what I heard and what
I believe myself, I think so.
Charley B Elton,
of lawful age. being first duly 6 worn,
testified as follows: Examined by H.
H. Wilson, Esq., on behalf of the con
testants. .
Q. Where do you reside? A. In the
sixth ward; 33rd and Taylor streets.
Q. In what city? A. Omaha, Nebras
ka. '.
- Q. How long have you lived in Oma
ha? A. I have lived at that place for
about 20 years.
Q. What is your business? A. Gar
dening. Mr. Harwood objects to the taking of
the testimony of this witness for the
same reasons as those to the evidence of ,
the witness Prugh.
Q. Are you acquainted with the wit
ness who was just sworn,- Mr. Prugh?
A.. Yes sir.
Q. Were you with him oh the 4ch of
November; election day, last Novem
ber? A. Yes sir.
, Q. Had you been to the polls in the
Fourth ward before you went there with
him? A. No sir.
, Q. That is the Second ward is it. What
ward is it you went with him to? A.
We were told is was the Fourth district
of the Second ward, 16th and Williams
Q. The first you were there you
went with him? A. Yes sir. ,
; Q. When you went there what did
you find about the polls? A. I found
quite a large crowd there.
Q. Did you see any badges worn
there by those in the crowd? A. Yes
sir. ; .
Q. What were they? A. Personal
rights. That is all I remember of see
ing. Q,. Now, how long were you there at
that time? A. Only a few minutes. .
Q. What was the occasion of y our
going Jhere? A. We went there, at
least I aid, for the simple purpose of
doing what I could for the prohibition
Q. At whose instance? A. Mr. Prugh
the day before requested me; he said he
would like somebody to go down with
him tomorrow, that was Monday, and I
says, "What is the matter with me?"
and he said, "All right, I would rather
have you go than anybody else," and I
said, "Then I will go,", and I went with
Q. How long did you stay the first time ?
A. Only a few minntes, perhaps a quar
ter of an hour.
Q. State what occurred to you while
you were there that time? A.. Well at
first there 'was a man came up and
wanted to see what kind of tickets we
had and we let hina see tham and he
said they were bogus; then others came
along and they saw we had prohibition
tickets, and they said to give them some
Erohibition tickets, and we let them
ave them, thn after the crowd got
pretty well satisfied we were handling
prohibition tickets, they snatched them
out of our hands, and somebody would
get by Prugh and get him be?
tween them and somebody else and
shove this person up against Prugh, but
they didn't shove me, and Prugh and I
spoke to the policeman; and he said for
the crowd to let us alone, and that is
all he said, and we got into the crowd
again and they commenced to shove us
around, and we again asked the police
man for protection, and he would not,
and we saw the safest thing for us to
do was to get outside of the crowd and
after we got on the outer edge of it,
there was a man, I don't know his name
but he had on a Personal. Rights League
badga I think, he struck Prugh, and we
started to get out of there and we had
about 200 men after us.
Q. With what was he struck? A.
With the man's fists, and then after we
started and going away pretty liyely,
brickbats, coal, eggs; or anything they
could get hold of was firedxat us.
Q, Did they hit you? A. 'No sir.
. Q. Did they hit Prugh? A. Yes sir.
Q. How far were you away - from the
polls when these missiles were thrown
at you, fir3t? A. Just about a block.
Q. What effect did the blows have on
Prugh at that time? A. He was knock
ed down twice, once I know of, and af
ter we got away from there I saw blood
running down his neck and I told him
to turn around, and he turned around
and I saw a hole back of his ear, and
quite a little bunch where he was struck
with something.
Q. Where did you , go then? A. We
went from there to the police head
quarters. . .
Q. What conversation did you have
with the policeman at that time? A.
Well, we told the chief what the crowd
had done there. "Well," he says, "Get
right in the patrol wagon and t will
ofinH crhmo mnh im 4-Vi -- wit K rn "
ojuu Dvu-Kvy ujvu uv n u iuji v niuu jf vu
and he called the captain the captain
and two other policemen, and sent
tnem aown oesiae tne driver, ana we
got in the wagon and went down there.
Q. Was the same crowd there when
you got back? A. Yes sir.
Q. What did you do then? A. ' We
got out of the wagon and the captain
asked one of the policemen that was
there what was the matter, and I don't
know, I didn't understand what the
answer was this policeman gave to the
captain, but the captain didn't stay
there very long, but there was still the
two policemen by us, and very soon the
captain went away, and the crowd again
commenced, to push ,us around, and
snatched the tickets away from us, and
so on; and ttien the policemen said to us
to come down this street, Fifteenth
street: "No, we would not," and. he
said the best thing for us was to get out
of the crowd because they could not
protect us, and also people in the crowd
told us to go. ."Well," we said, "we
would, provided thev would conduct us
through the crowd," and then with a
policeman on either side of us they took
us along through tho crowd up towards
Sixteenth street and before we got up
, toSixteenth street and we walked, be
lween the policemen. JL was struck
with an egg, and we got down
to Sixteenth street ana walked
nor.h toward the viaduct and after we
got some little distance the policemen
said they could not go iny further, and
they had to go back to the polling
place, wen, tnere was a considerable
crowd running along towards the via
duct there and stopped, and we said we
didn't want to go through the crowd
that way without them along, and thev
said the best thing to do was to wait till
a motor came along and take the car,
and we waited till the car came along
and we got in the closed car and the
policemen got on and conducted us
through the crowd and they got off and
I suppose they went back.
(J. Where did you go from there?
A. We went to the police headquarters
U. What had those fellows upon the
viaduct in the way of missiles when you
passed, them? A. They had , bricks
and pieces ol coal, v
U. Did they make any demonstra
tions when you went by? A. Yes, sir.
(J. What was it? A. 1 hey hollered at
us and jeered and so on. . i -
Q. Did you hear any names or
,A. Well, I don't know that I did. I
presume so, but I hain't sure about
that. ' '
Q.' What report did you make at the
police headquarters? A. The second
Q. Yes, sir. :
A. Well, we told them just what had
happened, "Well," says he, "Get in the
patrol wagon and go back , there.';
"Well," we said, we didn't Want to go
back, that they would not protect us.
He said all right, and we went out.
Q, What kind of tickets were they
you had in you possession? A. Re
publican, democratic, peoples inde
pendent and prohibitionist, with the.
amendment written on the bottom.
' O. Did vou have anv tickets bearing
the name of Powers taken away from
you? A. Yes sir. '"
, Q. Who was the favorite candidate
of those fellows wearing the Personal
Rights badges f er governor so far as
you gathered from what you saw and
hear a there? A. From what I saw
and heard I think Boyd was.
Q. - Were theieany persons at that
polling place as challengers. A. Not
that 1 know of. -
Q. From what you saw and heard
there would it " have been safe for any
one to challenge any democratic votes
at that polling place? A. No, it would
not have been safe. -'..
Q. About how many men were around
the polls there when you were there?
A. I would think somewhere between
two and three hundred. - ,
Q. , How near did you get up to the
polling place ? A. The nearest I think
was within fifteen feet. -
Q. Would it have been possible for
you to go up? A. Yes, I think it
would. -
Q. Was the crowd crowded in and
about the polling places? A. Not very
close, the crowd was back in the street
and formed in lioe going up to vote.
Q. What did they say to you the first
time, these people wearing the badges
and those ; that were acting for them?
A. I do not remember what they did
say; they did not want us around there
and wanted us to go away and so on.
Q. What language did they use? A.
They swore considerable.
Q. Was " any . epithets used toward
you? A. Yes sir.
Q. What were they? A. I heard one
man call Mr. Pragh a son of a bitch and
considerable other language around
Q. What other' epithets did you hear
them use towards yourself and Mr.
Prugh? A. I do not know. I did not
pay 'enough attention at the time? '
Q. What was the reason that you left
the first time? A. Because I thought it
was nOtsafe for us there.
Q. What was the reason the second
time? A.- The same reason and that
the police would not protect us.
Q. What did they say to about your
advising advising you to get away? . i
A. They advised us to go. . '
Q. Why? A. Because they ; said
thev could not protect us.
Q. Had you given them any reason
for hostility towards them? A. No
Q. And never quarreled with any of
them? A. No sir.
Q. No erudee towards any of the
fellows there? A- No, not at all.
Q. Did the judges of election attempt
in any way to preserve order? A. Not
at all. ' - j
Q. Made no remonstrance with this
crowd outside? A. No not that I saw
or heard. - ;
Q. From the best of your informal
tion what was that polling place, what
tfrecinct and ward? A. It was what
we were told was the fourth district ofUf
Q. Corner of the streets, what
streets? A. Fifteenth and Williams, f
Q. Who was it generally understood
was the favorite candidate for governor
of the personal-rights league in Omaha?
A. From what I saw and heard B
thought Mr. Boyd was. j
By Mr. Harwood. I 8
Q. You were not in there 1 yourself?.
A Jr bit
Q. How long were you at the polls
altogether both times? A. Something
less than half an hour I would think. ;
Q. During the time you were there
did you see any one prevented from,
voting for Mr. Powers? A. I did not.;
Q. Did you hear anv one object to
k.ny one voting for Mr. Powers? I did a
Q. Or any one else? A. No sir
Q. These tickets that you peddled',
had all of the state officers of all the
parties on the tickets? A. Yes sir.
Q. And these tickets that wereAl
inrown away ana torn up ana lairent
away from you were tickets having'
Boyd's name on them as Well as Mr.
Powers and Mr. Payne and others? A.
Yes sir. " ,
Q. And .so far as you observed,
there, so far as the election for state
officers were concerned the : elec
tion was a free and open election? A.
I did not see anybody prevented from.
Q. You were not within fifteen feet,
of the polls were you? A. Not at all 1"
do not think.
Q. You did not see any of the judges
of election did you? A.' No sir.
Q. You did not know what the judges
of election were doing,, as a .matter of
fact? A. No sir.
Q. So that all you mean to be under
stood by saving that the judges did not
make anv attempt to protect you or
keep order was that you did not see the.
luagesy a. xes sar,
Q. The iudgeswere in the iogid
the polling place, were they not? A. I
think they were:
Q. And did vou receive th word
which Mr. Seavy sent to Mr. Pugh? A.
No sir.
Q. That he would send fifty men if
necessary to protect you to go back? A.
I did not know about that.
Q. You did not go back after the
second time? A. No sir,
Q. You were not a voter in that pre
cinct? A. No sir.
Q. What precinct were you a voter
in? A. The second precinct of the
Sixth ward.
Q. You voted the ticket of yourchoice
there? A. Yes ir.
Q. No one made any objection to
that? A. Not at all. .
Q. What was the occasion of the hos
tility of the crowd there to you and Mr.
Prugh, what was the cause of the hos
tility to you and Mr. Prugh at this poll
ing place that you speak of. A. I
thought, the trouble of ..our
part was because there were
very few for the ' prohibition amend
ment. Q. Did the crowd object to the ballots
because they said they were illegal be
cause they only had for printed on
them? A. Only one man. said anything
about that. " -
. Q. The discussion grew out - of that
fact that, did you discuss , whether that
was a legal ballot or not? A. Not that
1 know of.
Q. You would remember it if you
did? A. Nobody said anything about
whether the tickets were all right but
this one man; this man said they were
illegal tickets. ' ' -
. Q. Did you say they were or Mr.
Prugh? A. I think we did.
Q. Did any one else indulge in the
discussion? A. No sir.
Q. How long did vou discuss that?
A. Just simply said they were not legal
tickets and we said they were, and we
thought they were and that is all there
was to it. ,
. Q. Was he the man that tore up the
tickets? A. No sir. '
Q. One of the men that struck either
of you? A. I do not know that he did.
Q. Did vou have hot words? A. No
sir.. ' .
Q. Mild, peacable discussion? A. Yes
sir. ;
Q; He said the tickets were illegal and
you said they were all right? A. Yes
sir. .
Q. You did not have any fuss on
that account? A. No sir.
, Q. Were the crowd stapding around
while you were discussing this point?
A I believe .we were rather on the
outside of the crowd at the time. There
were a few people around but not so
many as afterwards.
Q. Was that, the principal cause to
the opposition of your tickets because
the crowd said they were not legal bal
lots. A. One man said it was" not and
nobody else said anything abot it.
Q. Do you know whether he told
the qther people? A., I dp not.
. Q. Were you around at the other
polls? A. I just went to two other
places, but I did not do anything at all,
and did dot intend to do anything.
Q. How long did you stay there? A.
15 or 20 minutes probably.
Q, Then did you go home? A. We
went around to different places in
Omaha; we did not go home at all un
till I think it was 3 or 4 o'clock in the
Q. 'Who was that, "Mr. Pugh and
you? A. Yes sir. .
Q. You were around there until
three or four o'clock in the afternoon?
A. Yes, I think it was.
Q. But yea did not peddle tickets
any more? A. No sir. ,
Q. What wards were you in? A.
One of the places we were down on
Eleventh street and Harney, and the
other place was up at the board of
trade building on Sixteenth street; I
think it is on Sixteenth street south of
Farnam street.
Q. And you saw no one at any of
those polls prevented from voting for
the officers of his choice of candidates
of his choice You saw no one pre
vented from voting for the candidate
of his choice? A. I did not.
J. S. Miller,
sworn by the contestants examined in
chief by Mr. Striekler, testified as fol
lows: Q. Where did you reside ou the 4th of
November, lo'JO this year? a., yis
North 19th street, Omaha, Douglas
county, Nebraska.
The defendants made the same ob
jection as to the testimony of Mr. Prugh.
Over-ruled and excepted.
Q. How long have you lived in Oma
ha? A. Three years.
Q. In what ward? A. In the 8th
O. Are vou a voter in that ward? A.
I am.
Q. In what district? A. The 4th.
O.. Were vou at the polls on . election
day? A. I was. .
Q. Did you, see any efforts made to
take tickets away from persons? ... A.
Not in the 4th district. I did at the
other two polling places on Cuming
street just west of 24th.
Q. In what ward? A. The 8th ward.
Q. I will ask you to leoic at this map
and state the numbers of those two dis
tricta. A. I do not know whether 1 can
or not.
O. If vou can. A. I voted at the cor
ner of Cuminsr and 23rd street, that is
in the 4th district.
O. And then vou went up to Cuming
street, west of Twentv-fourth? A. Yes
. -
Q- That would be the first and sec
ond district. A. Yes of the eighth
Q. State what you saw with reference
to those two districts. A. I saw the
tickets taken away from the men wno
were peddling tickets for the amend
mnt? saw thena taken awav from them
and destroyed, torn up and tnrown into
the ditch: sometimes they took a half
dozen at a time, and sometimes more;
and sometimes they would go into their
nnckets and take them from tnem, out
thev would ffo awav and come back
with more, and they would take them
again and destroy them
Q. Do you know who it was that took
those tickets away from those persons?
A : No sir.
Q. Do you remember whether any of
those parties that committed those as
saults wore personal rights league
badges? A. I would not say as to that;
I testified yesterday that I did not see
any personal rights badges on perse ns
at the noils, but I have thought of it
since, that I did, but whether these
parties took the tickets had badges or
not, I do not remember.
O. Did vou see those parties wearing
i personal rignts images lamug any pat b
of'at all In thef j demonstrations? A. Xes
Q. What did you see them do? A. I
saw them In the crowdvthat was gather
ed around those men that were peddling
these prohibition tickets. In the first
place there were four or five. of the men
witn these tickets there; sometimes
their attention would be paid to one
and then .to another. First one and
then another would gather around them
and crowd them into the street, put
eggs in their pockets, get some men up
near to them and push them, t nd the
men would hit the pocket with the egg
in it and break the egg and it would
ru n down in their pocket, and finally
they threatened them and drove them
away from the polls, and would not al
low them to be near the polling place;
they kept them away. Finally they got
the in back against two of them back
against the side of a house, one side,
and then the eggs began to fly. Eggs
were thrown. I did not see any eggs
hit any man, but they would strike the
sides' of the building and drop on them,
and one of them leaned against an elec
tric wire post, and the eggs would
strike the post and drop down on their
heads and coats.
Q. Those eggs were thrown by the
mob that was there? A. They were
thrown by the crowd. .
4 Q. How many people were gathered
around the polling place?. A. I would
think it would vary from 150 to 500.
Q. Do you know who those men fa
vored for governor, from what you saw
and heard?. A. It would be impossible
to say what man or men were actively
engaged in these outrageous nets, fa
vored for governor; there was a large
number of tnem about the polls
that were wearing the Boyd badges.
I osaw no other badges of any
political party outside of those personal
rights league. . ,
Q. State whether or not those per
sons wearing the Boyd badges took any
part in. thos-demonstration??;
A. Yes sir. , . -
Q. Did you see any persons who were
handling the Boyd tickets . deprived of
their tickets and subjected to this treat;
ment? "-
A. I would not sav that. I do not
wish to be misunderstood, that all the
men that wore Boyd badges participat
ed in this outrageous conduct, but some
of them did.
Q. Did you see the police arrest any
of these parties who threw those eggs?
A, I did not see them arrest auybouy.
Q. Frem what vou saw at that pre
cinct, what do you say as to whether
the police were in sympathy with, that
A. I would . say that the police were
in sympathy, or must have been in sym
pathy, or they would have prevented
any such couduct. ,"
U. 1 will ask you to state whetner or
not they subjected you to any indigni
ties that day?
A. No, .not particularly, only after I
became somewhat angry at the conduct
at the polls, I thought it was an imposi
tion upon our rights of franchise, and I
remonstrated with some of them. They
seemed to get an idea that I was favora
ble to the amendment, and I told them
I was not, and had not been They
then put some eggs into my overcoat
pocket, but they did not any of them
seem inclined to break them.
Q. They filled your pot ket up with
. A. lney put a couple ot eggs into my
Q. Do you know the parties ' that did
that? A, I have my supposition, but
do not know.
O. Is not it true that Bovd was re
garded as a candidate for the anti-pro -
hibitionists in the city of Uinaha? A. 1
guess it was not only understood so in
the city of Oniaha, but everywhere else.
That was the fight that was " made in
Omaha against Richards; it was that he
would not j lace himself, square before
the people on that issue.
Q. Have you not before stated how
L vou voted on that prohibition question?
Q. State it. A. I voted the straight
republican ticket and against the
amendment - '
Q. You were not at the polls that
day in the interests of prohibitiQn? A.
No sir. . .
Q, Wrhat impression was made upon
your, mind by the aeis that you wit
nessed -.hat day, with reference to its
being a free and fair election! A. I
think it was
Objected to.
Q. What have you to say as to
whether or not that "was a free and fair
election at thosejuo precinets?
Objected to. .
A. So far as the election or vote was
concerned, 1 saw no one interfered
with in their right to vote, but as far as
being allowed to ex press their opin
ion upon that one" subject of
amendment, it was ceri.nnly attempted
on the part of peopl - there to prevent
it, suppressing anything, of the kind,
the mot disgusting thing-' 1 ever wit
nessed in my lite. .
Q. Is it not true that the men were
working x'or Boyd were also working
against prohibition? A I think that
would be a foregone conclusion, they
Q. Did ou, or did you not state that
if ydu had seen the e occurrences be
fore you voted, that you would have
voted for prohibition? A Yes. I would,
Q. Is that a fact? A. It is t fact, and
if I had had to vote again that day, I
would have voted for the amendment,
just on account of this conduct.
Q. What business are you engaged in
in Omaha? A. I am a lawyer.
Q. How leng have you'practiced law?
A. From 20 to 25 years.
By Mr. Harwood.
Q. In Omaha, among all classes of
men, business men in particular, - there
was a very strong sentiment against
prohibition was there not? A. Yes sir,
very radical.
Q. It was felt as violating the in
terests of Omaha to favor that question?
A. Yes sir.
Q This feeling permeated all classes
of people? A. Yes sir.
Q. Republicans as well as democrats
and independents were strong anti
prohibi.ionists? A , Yes, as a rule.
Q. The vote there showed that? A.
Yes sir.
Q. And whatever excitement there
was at the polls on election tuy grew
out of that question? A. No doubt
about that. The people of Omaba had
this impression, that to adopt the con
stitutional amendment was going to be
a great damage to the city, and we
: were opposed to it, and we fuather had
the impression that throughout the
: state, outside of the large towns, that
the amendment would carry and that
that it would depend largely upon the
majority in Omaha for its defeat."
Q. Strenous efforts were made among
all classes of men who were opposed to
it, to get out a full rote and mate a ma
jority as large aa possiple. A. Yes sir.
Q. So far as you know and ob erved
on that day, the election ticket for city
officers was free, fair and open? A. I
saw nothing to the contrary.
Q. You say no tone prerented you
from voting for Powers or any other
nandidfttnf A. Thftv did not. and I
want to say here that there was Uss
disoussion ox candidates at tne pons oi
any election that I ever saw. The only
demonstrations that were made at the
polls at all, by any of the workers,
were generally demoorats and they
were enthusiastlo supporters of Boyd;
that is all, I saw no other demonstra
tions. Q. This crowd that you speak of at
his district, the first and second district
of the Eighth ward, was not real vicious,
was it; you saw nobody injured? It
was more a rollicking, making it un
comfortable for the men working for
prohibition, than otherwise? A. The
men peddling prohibition tiokets were
in dead earnest.
Q. And these tickets that they were
peddling were generally tickets that
had for the prohibition amendment? A.
Yes sir.
Q. They did not have on them "For
and Against?" A. No, just one kind
of tickets.
Q. Did you hear any discussion
there, as to whether that was a legal
ballot? A. Yes, I heard a good deal
Q. . And a good deal of the difficulty
grew out of that fact, did it not? A.
No sir, that part of it was generally
carried on by -the more respectable
class of men who were trying to per
suade those parties not to use their
tickets, but without violence. Ther
was only one that I saw at the polls,
who argued the question at all with
them, and tried to persuade him that
his tickets were fraudulent, that it was
not a lawful . ticket because especially
so far as the democratic ticket was con
cerned, because the democratic party
had voted a resolution against tho
amendment; therefore they contended
that the democratic ticket that had ou
it "For the Amendment" was a fraudu
lent ticket; it was being used for the
purpose of deceiving the voters. There
was a good deal of that disoussion, and
all that discussion was quietly conduct
ed. There was no violence on the part
of the men.
Q. These men that were peddling the
amendment ticketf then, had on them
for Governor Boyd as well as Poweis,
uicnaras ana rainer a. xes, tney nau
all the tickets.
Q. And these tickets that you saw.
these ballots that you saw destroyed
were promiscuously tickets witn Boyd s
name on as well as others? A. It was
the amendment clause that they want
ed to get rid of.
Q. You saw no one injured there? A.
No, no other than the throwing of eggs.
U. xou did not see any one nit with
the eggs? A. I did not see them hit; 1
saw the eggs break on the side of the
building and drop down.
Q. If it was, a very vioious erowd,
they would haver thrown the eggs at the
individuals? A. It would bate been a
difficult matter to have thrown the eggs
at an individual, because there was such
a crowd, but they got up against the
building, evidently for fear of violenee,
and they thlew the eggs up there and
let them drop down on them.
U. Did teese amendment people stay
there all day? , A. I do not know. I
staid as long as I could and went home.
How long did you stay? A. Until
about half past eleven o clock; I was
afraid that I might get into trouble and
went away.
Q You did not leave because you had
any fears of violence?
No sir, only I did not want to see any
more of it; I was afraid I might get Into
trouble. .
Q. You were afraid you might lose
your temper. Mr. Stnckier, did yoii
see any challengers at either of these
precincts? A. I do not think I did. I
do not remember now of seeing a sin
gle challenger or hearing a single chal
lenge. Q. Do you think it would have been
safe for a man to have challenged an
anti-prohibition vote at either of those
precincts. A. No, I do not. I heard
threats to that effect. I heard some
men say something about challenging;
some one came up to one of those men
and asked him if he was there for that
purpose, and he said he was not, but
was there simply to peddle his tickets,
to give every mna a rightto vote; them
that wanted to, and the fellow
ripped out an oath and sayst
"I would like to see a man
challenge my vote. I would be
d d if I would not smash his head, if a
prohibitionist challenge my vote." I
heard several threats of that kind, and
tried to reason with the men, that, that
would not be a proper thing to do. I
told them if I was an American citizen,
born and raised in this country, and a
man wanted to challenge my vote, he
had the right to do so, and I had my
remedy to swear it in.
Q. Did they make any reply to that?
A. I cannot give the exact language of
the reply, but it was to the effect that it
was all right for anything else but by
these prohibitionists.
Q. But as a matter of fact you did
not see anybody challenged in votes?
A. No sir, I did not. 1
Q. Nor did you see the police make
any arrests at all that day?
A. I did not.
Mb. Harwood: Q. The difficulty
with challenging there would not be
because it was a challenge of a Boyd
vote, but because the challenge might
be made by a prohibitionist on a vote
that was against prohibition and against
the amendment
A. The man that made the strongest
effort of that kind was a republican.
Newton J. Smith
Sworn for the contestants, examined
in chief by Mr. Striekler testified as
Q. Where did you reside on the 4th
of November of this year? A. Tenth
and Bancroft htreets,' Omaha, Douglas
county, Nebraska.
Q. How long have you resided in
Omaha? A. Between three and four
Q. In what ward of that e-tv do ou
reside? A. In the first ward. ' ,
Q. Are you a qualified oter in that
city? A. Yes sir.
Q. In what district of the First ward ?
A. Fifth district.
Q. Did you vote at the election held
in that city on tho 24th day of Novem
ber? A. Yes sir.
The contestees object"! o the testimony