The Alliance-independent. (Lincoln, Nebraska) 1892-1894, May 04, 1893, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

y. y r .
The Alliance-Independent
T7 :X 1 A . " iL .....
The Alliance-Independent
IS thi txil
Advertising medium
in the west. It Is especi
ally valuable ss a means
of reacting ?he farmers.
Its circulation is as laree
in Nebraska as the cir-
culation of all the "farm
Journals" combined.
Give Thk Aluanck
Indepkndent a trial If
you want good results.
How Under Way. Judge Pound
Arraigns the Accused State
The Dtfenso Raises many Tectnical Ob
jectless, but are Over.ruled. Ques
tion of Jurisdiction not yet Settled.
Tuesday Morning.
The third sitting of the supreme court
of Nebraska as a court of impeachment
was held yesterday afternoon, for the
opening of the main trial and for the
taking of evidence in the cases of the
three defendants, Attorney-General
Eastings, Land Commissioner Hum
phrey and Secretary of State Allen.
Defendants were represented by
J. R. WebFter of Lincoln. John
L. Webster of Omaha, M. L. Hayward
of, Nebraska City and C. A. Atkinson
of Lincoln, while ex-Treasurer Hill and
ex-Auditor Benton and ex-Attorney
General Hastings were represented by
other attorneys, nearly all of whom
were present awaiting a decision on
, their plea to the court's jurisdiction.
Judge Pound, G. M. Lambertson, and
Judge Doane were present as attorneys
for the impeachment committee, com
posed of Representatives Casper, Barry
and Col ton. i v,
The replications of the state to an.,
were filed by Mcjsrs. Allen, Hasting
and Humphrey were filed in the supreme
court yesterday. They are identical
In every particular and oomprise seven
teen pages of type written matter, one
more page than was ddvoted by the re
spondents in answering. The state de
nies that the matters charged in the
r-rticles are of a legislative or judicial
i iiaracter, but avers that the officials are
rot vested with any legislative or judi
cial functions, and denies that
t'ie state officers did not in
tentionally omit or leave undoue
anything that was required of them;
tliat respondents when acceptiug office
t ok an oath to faithfully perform said
duties, and if they have failed or ne
glected any of said duties they are guilty
of misdemeanor in office and should not
receive immunity for failure by reason
of the nature or uumber of the samei
tiiat if the duties were of such a nature
thut it was neither practicable or possl
l lo for them to perform the same they
eliould have resfened.
After a good deal of legal quibbling
over minor legal questions, the trial of
Humphrey, Allen and Hastings began
In earnest. Judge round made the
opening statement of the state's case:
Judge Pounfl Opens the Case,
Judge Pound, for the managers of the
impeachment, in stating the law and
the evidence, said that he was pleased
to know that the trial would be held
before the highest tribunal In the state.
The court, he said, could not be unmind
ful of the character of thetria1, tho im
portance of the event; the prominent
position of the accused made the event
one that was being watched with in
terest throughout the entire country.
Tho impeacumeut, he said, was of a
purely political nature, to punibh ofti
clals for misdemeanors committed
in offieo, Impeachment trials
could not tie confined to the close rule
of evidence as caws at common law.
This fact, he said, gave the court just
discretion. It was not a proceeding
either criminal or civil. It was a
special proceeding, it was not crimi
nal case; it wu not an indictment; if it
was, then the accused would be entitled
to a jury trial. While there was some
thlaif about IropcachineQi trial that
rvmbld criminal proceeding, it was
on aooountot the severe penalty attach"
4 If the cbargM were sustain!. If
the charges wrr tusteiaed the lro
peached ofttolaJ would be disqualified
from holding office.
The judge thea devoted some time to
reading from the statute which define
tit duite of the lUrd of IMhilo land
and Hul dteg and ha read at length
the charge preferred, Vgelher with
the nodiag of the IvgUUllve m
BiUWe. HOW tOi.A WA tllMiU.U,
When the nwui&er of the hoerU m
picy4 IWa tht y gate hint every
4kUge, "J bey knew that Urga
was the agtat lof tu turtle, tae aeat
fer the aad tfee aol Kr XKhr
It the had bwa go4g Wrret a
ioUM Kf tKutelt hU they hare
e hi !.) 4 sueb a tu, a su'naUit
wkti M rvieeialtsg 10 ru?
Te iudge said thai e owld ptm
thai lioriaa Ul lie 'rvl Ubof
l.Wi pr day, kt!e itw WMitk"
r ewrktsg fvr otaer irli at 4 1
cents pr day. The members of the
board knew this, and tf they had want
ed to serve the interests of the state
they fchould have called a halt. It was
a case of eroes ntel'trence, to say the
"Postibly it may be sir," continued
the Judge, "that the convicts who worn
od on the cell house was more skillful,
but I think we thall show vou that
many of them were raw men, and were
no more skillful than those who worked
for other parties at 40 and 50 cents per
"We shall prove that the custom was
to clve Dorgan a laree warrant bofore
the work was done. Tbey let him de
posit the warrant in the bank and checK
out 17,000 or J8.000 without having any
Idea of what work had bean per
formed aside from bis own statement.
It is true that there was a bond for
something like $10,000. but what kind
of bond was that? After he had pur
chased the contract or Mosner be acted
as the asrent of the board for som
thirty days. Placing $6,000 to 18,000
in Durban s hands to check out as he
pleased was a lack of good judgment
if nothing more. The duty was cast up
on this board to take care of the funds;
there was no authority above them to
check their accounts, which made it
doubly imperative upom them to use
care. We shall provo that Dorgan puld
for stone two or three times what it
was worth and two ar,d three times more
than other parties hid offered It. There
was Atwood who Bold Dorgan stone for
35 cents per foot, when from other
parties be could have bought it for
much lefts. They called a cubic foot of
stone 100 poundr, when the true weight
ia 160 oounds. This aniears on the
account and can be read by any person.
That's the way they did business.
'We . also claim that these parties
eommitted fraud when they took 1500
which had been set apart for tho cell
house and used it for traveling expenses
in going to Kansas and other states to
visit prisons. This was In December,
1801. Instead of waiting until the
legislature should meet and make an
appropriation, they got Mr. Dorgan to
give th?m the money that was appro
priated for tho cell house. If they
can divert $500 for another purpose
they can divert any amount. If they
had diverted money to some charitable
institution, it could not have been
justified, and how could they justify
this diversion for traveling txprnsesy
Suppose they acted honestly, officials
who will so misconstrue the law as to
honesty are unsafe Dirties to have in
"We think that we shall be able to
show you that whrn these respondents
were in onice, i ne coai at tne nocpnai
for the .insane was paid for at nearl
double what it was worth. During 1888
the coal bill was $10,8; In 1889, $10,
829: in 18!K), $15,547; in 1891, $16,747;
and in 1803, $8,310. This shows that
there was fraud, and when the returns
showed that the amount had nearly
doubled, wr.s it not time for the mem
bers of this board to be on their guard?
Was it not a circumstance that should
have caused any honest official to have
instituted an Inquiry? A fraud upon
the state one that has passed unpun
ished. We shall show yon that not
much more than one-half of the coal
was ever furnished. There were no ad
ditional heating apparatus put into the
hospital, ana why did they show the
coal for 1891 to have cost so much raoi'e
than for 1892? Take the Hour purch
ased for the asylum: Sewell & Co. bad
the contract and they bought of John
son & Co. During one month the cm
tractor bought 13,000 pounds and
charged the state with 18,000 pounds, a
clear, palpable fraud which the board
should have known fomethtag about if
It had been looking after the welfare of
the state and the people.
If these charges are true, they con
stltmo misdemeanor la office. When
these reports of hortges came to the
attention of the legislators, they took
step to correct atTalrs. Such plain
misconduct, such open violation of
law could nut U overlooked. Impeach
meat has been an efficient engine la
the peet, and must be adopttul at the
only means of protection, if il shall
appear at the close of the trial that
these charge are untrue, ami that the
accused partle are innocent, the poo-
pie should rejoice.
The court met at 10:30 jewrdy and
proceeded at once with the trial of
AHb, Humphrey, and 1 listing. After
a fw prfllmlaaty lU'emraU by the
rouuwt aod the court the trial ircedod
ttn the tntrulu lkn of totUmony by
the itupiNw hiiient itfivr, U. M. Ijmi
brrlon ailing a liul Uyr for the
UU al John 1 Wosvtr lit the him
fl' ty fif dvfndK The furvnotMi
wovttok in itttm4tHitn l4t kottow
and ylui vtHH hr l v.lou. nutt.
ft Hit liUh the Mw I pert tly
UmUisr W, If IVftcata,
! of Milrtk-tt
tell itoioie -mm wa
WUHNt Ufht durlig the
In the
oh ha
ii niu4'el MCf aad K4s and
Mvttu U m the Ua4 dufin Um rit
tire lort'tioon toUay witli other bcH)ki
and checks in his No fnr no
new testimony has been, introducinli!
which probably account for tho black
attendance of spectators nud the njw
parent iucK or JnUrcst felt by tho public
To the surnriHH of all it is now sUU;d
that tho vnw will be ready for submis
sion lo the court bv the llSUi instant.
Home int"ri'Mt is taken by interested
parties in uw Ufcisionor the court in the
cases of ex-Treasurer 1 J ill and cx -Audit
or Itenton in which tlio;e gontluiiiyii
question the court's jurisdiction. An'
opinion in exacted this morning, and
because the court did not decide tliu
mutter in time to allow tho ex-ot)icials
to join in the trial of the three incum
bents and stand trial at the same time, it
is prodkt'id that the plea of jurisdiction
will bo sustained.
The inipcuchinunt committee 1 still
worrying over the questionable state of
the appropriation made to pay Impeach
ment eijienses, but witness fees are
being paid in some cases and no trouble
Is anticipated over money matters.
Hevk-w hut History,
Charles C. Caldwell, deputy ami act
ing secretary of state, was placed on tho
witness stand by the state in order to
identify oliicial bolide of the defendants.
records and puijcrs passed upon by the
board. Mr. Lambertson first introduced
the prison contract entered into between
tho state und W. II. U. Stout, September
22, 1877, to take effect October 1st, 1877.
and be in force for a term of ten years,
the state agreeing to pay 60 cents per
diem per capita for the support of each
lonvict for tiie first two years, 03 cents
for the second two .years, and
58 cents for the third period oi two
years. The act of 187V extending this
lontract six years from uctooer l, mm,
was mentioned, together with the cut
timr down of the maintenance fee to 40
and 45 cents; also the act of 1887. ex
tending the contract ten years, which
had been assigned by Stout to C. W.
Mosher, from Uctooer 1, 1881), the state
to pay 40 cents per day for each convict,
and lost of all Mosher's assignment oi
the contract to W. H. Dorgan, Febru
ary 1, 1892.
Colli House Vouchor.
Mr. Caldwell was asked to produce
the cell house vouchers, which he did
and an estimate for work done and ma
terial furnished amounting to $6,100,
bearing date May 1, 1891, was offered
in evidence, also an accompanying
voucher dated Jutn 1. 1891, for the
same amount for material used. Tho
estimate was not approved but the
voucher bore the approval of Messrs.
Allen and Humphrey, Both documents
were duly certified to by Superintendent
JJorgan as just ana correct. The signa
tures were identified by Mr. Caldwell.
Estimate No. 2 and voucher No. 2
were produced. This was for work done
in July, 1891, in the sum of $8,000. it
was certified by Dorgan and allowed by
the board. Estimate and voucher No.
3 were for work done and material
furnished in October, 1891, total $8,000.
This was approved by the bosrd. Esti
mate and voueher No. 4 were for De
cember, 1891, in the sum of $5,000. In
this the estimate set forth "for work"
done and material furnished, $3,000,"
The sum of $2,000 was set down without
any item opposite it. It was certified
by Dorgan and approved by the board.
Estimate and voucher No. 5 for March
1892, were in the sum of $5,000, certi
fied by Dorgan and approved by the
When a voucher for $1,200 in favor
Dan Hopkins, successor to Dorgan as
superintendent, was offered Mr. Lam
bertson called attention to the fact that
it was for labor and material, that no
certificate was attached, and that it pur- j
rrted to have been approved Octobet
. 18iC
Objection was made by counsel for
defendants to its introduction localise
there was no charge made relative to
this voucher in tho articles of imjioach
tuent, and becaue introduction of such
mutters would necessitate an investiga
tion of an imaginary charge not m
forth in the artictea, A controversy en
sued in which counsel for the state
maintained that tho voucher should tw
admitted a bearing oil the
cfll house transaction, and
a bearing on evidence to lie introduced
liter, rutative to &haution of the fund,
that it would l the mean of showing
that if Hopkins proerly spent tho
money, the shortage accurrod during
Iktrgnu' time, lie fore the discussion
ended nearly ery attorney wen oit the
The court took the matter undvr ad
vU'iiutnt. Hubeequently llw muho ac
tion taken on two oU r vouclr of
th iMitie nature, one amounting to f L'
tits) and the other ii.tsi, f, th month
tvl Nvrmtr an I UofiuU-r, lw J
kMftna .lpHlutmMt.
Tlmt r of the rvrotd of If4,
on p I tl t i Matins M the v
HHiiinwnt of tMg(i on My 4. lMt,
wm oit.r4 m i-knr k show t),t
AiU n. Hill ih ltuioJirvy wvre nt,
UmI Itdl iuovm! ai siitmritl,
wtiW by A IWn , tiwl Alh n iiuivmI
lt U'n ha rvinrc i funah
t.4 in i.m mm vt il'.isi, Hill tt',4l
tit. that on loot um of AtWn, iKeysa i
tUi v i-te I'si HMeith.
v omiM tut Ui uie itwn oiv .hW-4
U vJtt UmI of the board m wfd
n.i in iti o-rtiii MH"tiiar
l't"w tii and tt IUo iitj; of the vrte.i
cril huie vow hr tft i tHl olxiol i
I i pin4 tviiiwt poiwnletl KH!
U en4itu'litig thai IUy wwild W j
-j fl
jwrmittoa to orrer additional parte or tno
record ot tne same transactions. When
ever the state offered a part of tho rec
ord of any one meeting, counsel for de
fondants asked leave to subsequently
oner in evidence tne entire record of
such meeting.
W hen the state came to tho record of
the Hopkins vouchers, defendants raised
tne same objection made to introduction
of the vouchers themselves.
That part of page 361, showing that
Hopkins was unnoiuted Dormin'a sue
cesser at $5 per day, with instructions to
seme whii uorgan, was oilered. IXv
fendants objected to thut part showing
Hopkins had been instructed to scUte
with Dorgan in regard toproerty.
Atlopm-yi, t'1'op.w Nwot'dM.
Mr. Iatnlcrtson said it must bo of
vital importance as it had been written
in tho record sinco impeachment pro
ceedings began.
John L Webster assailed Mr. Lam
bertson's assertion as not based on any
evidence, and in a mild way intimated
that statements not borne out by evidence
were thrown in to predjudico the ease,
He said tho case ought to be tried on the
record ami nil irrelevant matter which
was coming in should le excluded.
Mr. Iiamberlson contended that tho
state had a right to follow up and sou
whether this delegated authority for a
settlement had ever been exercised.
The objection raised was submitted
Willi the understanding that tho court
would render a decision upon convening
after dinner.
Ie It Dorirun'a ltoportf
Considerable delay ensued after Mr.
Imberbion offered what he said pur
ported to be a report of Dorgan, con
taining vouchers and patters, some of
which related to the stono bought of
JohnL. Webster objected. He said thero
was no signature to the documents and
there was nothing showing that Dorgan
made such report, nor that the board
ever saw it or acted upon it. He de
clared it an attempt to introduce evi
dence illegitimately, when tho means
were in the hands of the state to intro
duce it in the ordinary way, but for
some reason these means were disdained.
That Dorgan did make a reoort. Mr.
Lamliertson said the records proved and
ne questioned Mr. uaidweii as to where
tho document was found. Mr, Cald
well testified that he found it among tho
cell house papers, in the vault, but he
was unable to identify the hand writing.
On cross examination Mr. Caldwell
testified that he was not a member of
the board ; that the papers were never in
his charge previous to tho time he be
came acting secretary of state, that he
had never seen the papers prior to the
day before, when he found them among
others in a box; that he had no knowl
edge that they were ever before the
Other documents purporting to bo re
ports of Dorgan were offered, objected
lo, and theonjection taken under advise
ment bv the court.
The tilt between Lambertson and
Webster over these reports caused a
broad smile to creep over the facts of
spectator. No one doubted that the
reports were exactly what they pur
ported to be, but in order to have them
ru'ed out. the attorney for the state
officers 6howed that Dorgan had never
signed them, nor had the board ever
placed any mark on them that would
indicate that they had been received,
considered or approved. This itself
was a roost damaging admission. It
certainly showed that the board did
business in a most loose and irregular
The lawyers for the impeached offi
cers have adopted ihe policy of raising
ever possible technical objection. The
lawyers for the tdate on the othcrhand
go on the theory that all the facts
which will throw light on the ca?o
should be admitted. Tbe conn baa un
iformly approved ht latter policy.
Aitylum Coal Utile.
I'assing on the state offered in evidence
a voucher for $1,132 for coal furnished
the Lincoln hospital for the insane, ap
proved by the board May 2, 1891,
t'ounci! for the defendant Were about
to object, but after bringing rut the fact
that each voucher w ( titled to by
Superintendent Knanp as proper and
correct and not paid Ix foro passed on
by the lioerd, the ohj-tion was not
made. On of the rowdier was eorti
Hh to by lr, Kiiapp per Ihr. Hay. The
voucher wre for variou iiinis in pay
ment of coal purported to have Uvrt
furnUhod by IW-lU, Weaver & 13ft One
in the iuih of $1,494 bore a correction
of something ovi-r $., which was
deducted. Attention wm ralttxl to thi
by John L WeUter to how thai the
oorrm-tioii wm made by htiprrtntendcnt
Kttapp and that therefore the board had
rvttwm to trut hint.
lit stele catk-d attention to the
locetfvninMi of ttte voucher Iturr M
no cr touioU is or othf f m u tt fottn,
H.twctten wm tod to acvl oo ltt
which otgiiUy r pM-Mnte4 ll.flJI .?
but h4 Urn form tt-4 in rt4 ink to
rre.1 f t,i"o 04, I f ndaiiU Uttl that
the outline in ban-1 re inrrly
itu-llt tM and that the origin! on lite
in the a.tit4 oith'e wotttt huw tit
deUil w tMt the Itntlirwof CoftW Uttft,
Ihe sliile aki-t leeve o M-itit fur the
t rMiotl n Im. TIm imuiI tiw k,
a mwat until $ oVhw k.
,dtt(ott h Vlldreoe,
Vmm ttHttettrttiog afr Utnaer the
rHirl anOMHH thai toe iurtttet
t t4trteel UtiM weuld be aduiiikxt in
eviaonco merely as naving neon loumi
in tho office with other rwpers; that th
iiopmns vouciiers would be admitted
to snow that a part of tho $40,000 ap
propriation was orawn by him; that
that part of the testimony relating to
the board instructing Hopkins to make
settlement with Dorgan would also ha
admitted. In making this statement
Chief Justice Maxwell said the court
recognized that thero were no charges
against Hopkins in the articles of im
jswhment. Continuing, Mr. Luiubcrteon offered
in evidence a number of vouchers for
coal furnished tho Lincoln asylum for
t''e insane, varying in amounts from
$919 to $1,400, which had lsen approved
by tho board. In each instance defen
dant's counsel required the state to ad
mit the signature of tho asylum super
intendent to the certificate attached to
each voucher, Kotno wero for coal
furnished by the Whitebreast company,
and several bore corrections made in red
ink by tho asylum accountant before
they came before the board.
Iteforo They Wore lu Office,
Tho state brought out an objection
when an original voucher, approved
April 10, 1891, wns presented, John I
Webster made tho objection because the
voucher was for supplies bought prior to
the induction into office of defi ndants, He
explained further that a duplicate of
the voucher was presented to the logis
tore with the statement that there was a
deficiency. The legislature referred H
'to a committee, which investigated the
claim, reported and recommended its
allowance, and thereupon the legislature
made an Appropriation which was in
tended to cover the vouchor. The board
formally allowed tlie claim, so tnat a
warrant could be drawn, The claiif
was really allowed by the legislature,
and the lioard performed merely a formal
duty. This was not controverted by the
state's reply to defendant's answers.
Judge Doane interposed by saying tlmt
it was not denied.
Chief Justice Maxwell answered the
objection by saying that tho voucher
could bo admitted to sustain the charge
that the board audited the claim.
The state offered a voucher for coal
furnished the asylum to the amount of
$11,421.05, in favor of the Whitebreast
company, to which the same objection
was interposed. It was admitted that
defendants were in office when the
voucher was audited, but it was claimed
tliat the claim was covered like the for
mer one by a legislative appropriation,
and that the legislature really did the
As in the cell house vouchers the state
offered in evidence that part of the re
cords of the board which showed that
tho board had audited asylum vouchers,
and as in tho other case the defendants
gave notice that when the projier time
came they proposed to present tho en
tire record of the meetings cited by the
state, i
On cross examination Mr. Caldwell
testified that vouchers were carefully
gone over in the office of secretary of
state, that the computation on each item
was verified and prices charged were
compared with the contracts to ascer
tain whether or not they corresponded.
Changes made by the clerks were acted
on by the board. . -
ToHilmony of l)oritan.
W. H, Dorgan was placed on the
witness stand. He was questioned first
bv Mr. Lambertson and testified that he
had lived in the state sixteen years, had
lived at the penitentiary for six years
past; that about six years ago ho was
mode Mosher's manager of the prison
contract; that he was at present prison
contractor, having taken posession
sometime in February, 1892;
that his dutiej required him
to look after the business generally,
Mr. Dorgan testified that he was ap
pointed superintendent of construction
of the new cell house in May at a salary
of $30 per month by the board of public
lands and buildings; that he was then
Mosher's manager; that it was his duty
to assign convict to labor, and also his
duty to look after the convict labor for
the istard. He had not solicited the ap
pointment of superintendent of construc
tion, but did not know just how it came
aUMtt; that he got $1 p-r day for each
convict, just what was always received
for state work. Sometime thirty men
were at work, but they came and went
and the number variod. He did not
keep any account of time for the state
oiher than that kepi by th guard in
charge of the mm. Hook were
kepi with the stele and sub
oiilrcUr. being made tip, however,
from iMHtk kept by ll guard. When
convict are atwigned to work their
time I counted unless they are eictued
by the dortor, whether they work or
iioti If ttey are in the hwidtel their
time sImhiM not 1st rtmntHL WUtwe
did not rxntrinU-r er asking the tnxird
anything lut charging time of the
liwR. I Hiring the month of January the
turn wore at nk, some id them 4)4
Hot Iwcau-e there we no stone. It wa
true thut their time wee tb-ugrd both
tr they worked or Hot,
I'rloe of t MMttel tabor,
the ft mt d-ty Lted beck to the time
he find U gm at the pew and wa the
pftee ! eh gi4 the slete.
tibjM ti.n rutwd by il fndil'
KHiuwl a pvtmiumg lfcrt:ii to tell
bet Hi f mmmi roitlra tof hergd W,
It. It. hi.u tot rottvwt UtiK In building
lite brick hHie. The court 0votruh4
tt o4Uiin, but stele thai
u u tea Ihe evidte-e we iHnnKtet tn
xiiie wav tl wul4 not harm iWiUi
The government own
ership of railroads and
That freight rater a
Nebraska be reduced to
a level with , those , la
force in Ion a.
The building by the
national government of
a great trunk line from
North Dakota to the
Gulf of Mexico.
NO. 47
Mr. Dorgan testified that the price
mode for Stout was the result of a conV
tract growing out of the assignment of
the prison contract to Mosher, but he
did not know the price charged. Tht
average price now charged wo from,
forty to fifty cents per day; he did not
care to tell what the Western Manufao-i
turing company or any other person or'
company paid.
lirew Money In Advance.
Witness said that $1 per day was
charged Mr. Koismeyer & Co. during
tho time the cell house was being
erected, that it might have amounted to
only $18 in all but it was at the rate of
$1 jkt day, Witness could not say thai!
ho always drew money either before ori
after tho work was done; that he had'
no money to carry on the I
work, and before becoming;
responsible for material ho had to have ;
tho money advanced; tliat he wanted
tho money on hand before making him
self liable for contracts which hail to be!
entered into.
lu reply to a question as to one item
in ail estimate tor "blank, fj.ow wit
ness said: "That was made in order to
draw $5. 000.
"Wasn't that the chief object of all
these vouchers and estimates?" asked
Mr. LamlKirtHou.
"I had to have tho money to carry on
the work," replied Mr. Dorgan. (
Check a Heoolpte. ' j
Witness said ho always placed the,
money in tho bank to his own credit,
and tliat ho was willing to produce the f
bank book; that he made report to,
tue ooara, out some or tne items were
not accompanied by vouciiers, especially
salary claims ; that he believed checki
would be receipt enough. j
Witness testified that the board told
him he must furnish vouchers for every-,
thing, but that he told the members of :
the board thut ho had not filed thai
checks, but hod them in his possession. '
He did not remember whether the boardj
asked him for the checks and voucher.
Got III Salary. ;
"W. H. Dorgan, salary, $50," said Mr.i
lambertson, reading from some paper.
"Did you receipt for thatf 1 .
"Yes, sir," replied Dorgan. , ;
"1 don't see it," suggested Mr. Lam-i
"I got it," retorted Dorgan with ani
emphasis which made the spectators
smile. I
"I don't doubt it," replied the ques
tioner. Further testifying Dorgan said he had
filed vouchers for freight on material
and the board ought to have them ; thai;
be put money drawn from the state inj
with nis private funds, but he never!
overdrew on the bank account. WitH
ness identified the various reports filed
by him with the board, but said he had
filed no final report; that according to
his last report he had received in alii
$33,100, but turned over $6,800 of thai
amount to his successor; that May 81,)
three months after ho hod taken the.
prison contract, he made the last pay
ment to Hopkins, who in turn paid nim
back what was due for convict labor;
that he believed he had mode a full ac
counting of the money handled by him.'
The Hoard's '1 rip. ,'
In regard to the item "board, $500,
Dorgan said that in looking at the checki
stub he found that it was to be used to)
examine cells, that he did not have thaj
check, as he found sinco the grand jury
investigation that he was short two
checks. He admitted that during the
recent investigation he had found all
hut one check ; that he never asked thai
lioard for an accounting for the money;
but he understood tliat the member
wished to examine various cell aa an aid
in putting in eighty new cells.
Contractu in Ltorgaa'a 'ame.
Dorgan declared no settlement had
been made with his successor, Mr. Hop
kins excepting a compliance with thd
lioard's order to pay over what moner
lie held for the state, together with tool
nd other proirty.
"Why did you make all contracts in!
your own name, while an agent of the
state hoard t" was asked.
Dorgan said he did not feel like writ
ing the name of Nebraska on hi own
rmtsnaibiiity ; that it wa true that h
practically receipted to hittnolf white
acting for tho ' board and prison con
tractor. Prloea for dtone.
Dorgan said he knew very little ataut
stone, and in loolj tng around he met
Mr. Atwood at Omaha and saw sample
of stone from the Odar creek quarry,
and made an appointment to meot turn
at the quarry nt day, Conrad Vriee4
being freernl ; he had no memory oul
side o( the pricMi in voucher, hut re-nu-niUrvd
that &k cent wee paid for
one kind; he did not know what a
cubic fiHil of Mono weighed end
did not know whether lw
paid 1 cent or M ceiit ptT IW0 pound
lor oivt stone, ntHtiur did he know
that Ihe Nemaha stone weighed IW
pound per cuteo fool; that Ihe
railroad voucher sold the
tune wa weighed and he bed ne way
of proving only through Atwood and
the freight hllla: w ittieae td II lee
oecurrod to him that It isjoit4)
to put 4od hot of tti on a car tVcau
he u Iive4 there wtrecer which hauled
$i.0OU itmn4i K the vow her ai4 h)
receit 4 lite it wa certainty Owe,
hut he dt4 not know whether the frtM
pi4 wa at U rule of 4a,tKiu HumJ
(CSMliaav4 m t kl f4