The American. (Omaha, Nebraska) 1891-1899, September 27, 1895, Page 4, Image 4

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flif.IX) m Vrar, f -- In .ilvncx.
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WKare In receipt o( a bright now
Araorloan paper, from San Jose, tL
Iu nam -j U the American afer. It U
a credit to the American pros. It is
neatt cm exemplified.
Wk are lo receipt of a letter from
Pino Uluff, Arkansas, stating that
msgailne bM been started there In tbe
Interest of Americanism. This I tbe
second paper of the kind for that state.
We wish them the greatest suooeas In
the Bold of battle.
Th asertlon of a New York paper
that Roosevelt It "hand In glove with
the A. I. A." U a self-evident mistake.
A a general think menibcri of the A.
P. A. are not addicted to gloves. CA
cago 2W6un.
You are right. The A. P. A. handles
everything without gloves. Feehan
knowi tola.
i .
W. P. Kmkky, of Uutte City, Mont.,
called at Tub Amkrioan offloo last
Friday and gave u aorae idea of how
things were running out there. lie
states that Mayor Dugan la under ar
rest for forgery and that Marcus Daly
will never dictate another United States
senator from Montana, and that Aiuor
Icantrin is on the boom.
TiiR clerk of the dlstrlot court can
not sfford to evade an investigation.
He seem to have hypnotised the
county commissioners, and everybody
knows of what stuff his tnaglo wand Is
made. lite.
Probably the lift knows better than
any one else what that "magic wand is
made" of. Tbe lkt seems to be gottlng
ready to fight Mooros if he is nomi
nated. It proposes to charge his nomi
nation to the A. P. A. through the use
of boodle, now do you like the pros
peot, boys?
Thr Irish freeing agitation in this
country Is nothing more or le than a
scheme to put the pope in power in
Ireland. It is one of the most absurd
movements that have ever been started.
It virtually means that the Romans
desire to throw two Protestant countries
into war so that the papacy may slip
In and score a victory. We would ad
vise every patriotio society in the
country to pass resolutions denouncing
this affair, which they should send to
the President and to each congress
man and senator.
TBE Insurance department recently
sanctioned by the Supreme Council of
the A. P. A. Is now being established
la this city, and is meeting with great
success. The members of the order
will be given a ohanoe to insure tbolr
lives at a much cheaper rate and on the
same plan used by tbe old-line com
panies. It is established with a re
serve sufficient to guarantee all losses.
The members wilt do well to Investi
gate this and secure a policy. In our
next issue we will be able to state
where definite information can be ob
tained. We hope that every reader of the
following will give the same mora than
a passing thought: If you desire refor
mation you must assist in the work and
not wait for some one else to do the
work for you. We call your attention
to house bill 8949, lntioduced in the
last session of Congress by Mr. Hainer,
for the establishment of a National
University; house bill 8981, for the more
equitable distribution of federal offices;
house bill 8774, to restrict immigration;
house bill 8137, to protect the American
flap from desecration; joint resolution
262, to prevent the appropriation of pub
lic money for sectarian purposes, and
280, to prevent the granting of the suf
frage to any one not a citizen of the
United States. These should be the
never-ceasing objects of your agitation
by persoral petitions and letters to the
representatives from your respective
Supreme President Traynor, of
the A. P. A., writes in a circular: "I
cannot, at this time, too strongly urge
upon you the importance of supporting
your patriotio press, those tireless
molders of publio opinion which have
been mainly instrumental in making
cur order so great. Tbe noble men
who have made themselves a target for
the venom of the enemy to expend it
self upon, should be supported at least
In their patriotism and self-sacrifice,
for they are indispensable in the com
ing campaign. A few dollars expended
in each council toward securing copies
of a local patriotic newspaper will reap
a golden harvest and spread the good
work all over the land by educating the
masses and exposing corruption wher
ever it exists. I respectfully repeat it:
Whatever sacrifice you may have to
make in the presence of hard times, do
not suffer your local patriotio press to
die for lack of your countenance and
The delegates to the cxinty conven
tion should make baste very slowly to
morrow. The Riaewater henchmen in
the convention will attempt to encoia
pass the nomination of tbe weakest
men who are aspiring to position.
They will lo attempt to force upon
the ticket that man who bat been cor
rupt In office or In his private life.
They will do this for the reason that if
the convent'on makes the mistake of
nominating the weak or the corrupt,
they can go before the people and say
that the A. P. A. is responsible for
thoto nominations, that the party has
Ihmjouis corrupt and incompetent
through A. P. A. influence, or those
men could not have obtained a place on
the ticket.
Tbe lit publican party and the A. P.
A. are both jointly interested in frus
trating such a scheme, and we call upon
every loyal A. P. A., every loyal Re
publican, opMsed to the use of boodle
and to ring rule, to cast hi vote for
men at whose official and private life
no finger of suspicion can be pointed.
While a man is under grave charges
of official delinquency, while bis hon
esty is in question, the Republican
party, and particularly the A. P. A.
part of that party, cannot afford to
place him on its ticket.
The members of the American Pro
tective Association are allowing too
many politicians to get into the order.
Some of these fellow are no more or
less than foes of the ordr. Every issue
which comes before the body for con
sideration must receive their approval
or thoy invariably raise a row. We
bavo often warned the order against
this rabble, which the old-line political
parties will do all in their power to fill
the ordor with, In order that the old
party leaders may be able to manipu
late the affairs of the A. P. A. to their
liking. The overwhelming majority of
the membership of the order Is com
posed of reputable men, who desire to
seo honesty govern our political affairs.
This last-named class should be on the
alert constantly and quash any move
ments that tbe politicians may inaugu
rate through the tricksters who may,
by accident, have crept into the order.
If any council finds one of these fel
lows has been admitted who shall have
come in for special political reasons, it
is its duty to refuse him admission to
tb e council chamber after his cb araoter
has been discovered. Such a person
can do no harm on the outside, for the
people well know that a lean who is
not the proper person for the order is
not the proper person to listen to on
tbe outside. There was a fair example
of this, which Is still fresh in the minds
of many, that occurred last year in
Kansas City. A man tried to manipu
late the order fop bis self advancement,
and failed to obtain the desired results.
He then swore vengeance and threat
ened to disrupt the "whole organiza
tion" immediately. He was expelled,
and had no more weight on the out
side than a gnat would have were it
to undertake to butt down a stone wall.
The order must be kept clear of po
litical tricksters at any cost. We are
for the purification of politics, and
must steer clear of those who are for
their party first and the people next.
Remember the motto: "Purity la all
things." Above all, keep your eyes
peeled for the politicians of the old
We know bow prone publio officials
are to dodge an issue, unless their
party will back them in their opposi
tion or support the measure forming
the question of interest and Importance
to the people. For that reason we did
not expect our illustrious President,
Grover Cleveland, to wire congratula
tions to the Klrg of Italy on the occa
sion of the twenty-fifth anniversary of
the occupation of Rome by Victor Em
manuel and the unification of Italy.
Nor have we, so far as we have been
able to learn, been mistaken In our
estimate of the Acting President. The
press dispatches have contained no inti
mation, so far as we have seen, that the
President even thought of sending a
message of good will to the ruler of a
friendly power. Such a slight should
open the eyes of American citizens to
the subservience of our party leaders
and of our public officials to the Church
of Rome.
Apropos of what we have said, a
correspondent writes:
Editor American: On the occasion
of the jubilee celebrations of Pope Leo
XIII our President Cleveland insulted
American citizenship by slopping over
in congratulations to the im poster and
fraud on the Tiber, thus tacitly ac
knowledging his claims to temporal
power and all the rest of his brazen
assumptions. I have not yet noticed
any account of Cleveland's congratula
tions to the rightful king of Rome on
the twenty-fifth anniversary of his oc
cupation thereof and of the fall of the
pope's usurped power over the Eternal
City. Would It not be an eminently
proper thing for Cleveland, as repre-
sealing the United States, to send con
gratulation to a friendly power under
such clrcumttaoces? Hit our politi
cian are so bound to the skirts of this
Babylonian whore that it is not at all
likely we shall hear of such action on
the pari of our President.
It 1 time that tbe authorities of the
United States were putting a stop to
this m calied I rich-American move
ment in this country. It is a well
known fact that where a mas of Prot
ectant d-tro to free tfacniiM-lves from
Roman rule, Home's oRii-'als Issue
edicts to tbe people stating that if they
take any f art in tbe affair they will be
arrested and prosecuted for treason.
On tbe other band, if the Itomanlet
of the country desire to instigate an in
surrection against a foreign Protestant
tower, these iclf-same official assist in
tbe enterprise. This intolerant Irish
Roman Catholic movement against the
British Government should be stopped.
It is a direct violation of tbe treaty
existing between the two nations. If
these pope-ruled Irish are not content
with their residence in tbe United
States, let them return to the priest
ridden, God-forsaken sections of the
south of old Ireland and Insurrectloclze
there. It is time that we place men
In Congress who will pas laws restrict
ing foreign immigration, and who will
shut out these minions of the Pope of
Rome, who are Inherent aliens. It is
the most sincere wish of many people
that these dlsturbant Roman Irish be
loaded aboard ship and returned to the
country they love so dearly. If these
Irish braggarts want to fight, load
them in ships and let England take
care of them. It would be a God's
blessing, for few would live to bother
any government.
TliK untruthful statements which the
Associated Press reporter Porter of
the Omaha lltt hits been sending out
should be unhesitatingly condemned
by every convention held in Douglas
county and in the State of Nebraska.
Further, tbe Associated Press should
be culled upon to repair the wrong
done this city and its citizens, and if it
refuses or neglects to do so, our sena
tors and congressmen should be re
quested to Introduce a joint resolution
in Congress declaring that association
a trust, but which must admit every
paper applying for service, and be
amenable for damages to persons in
jured. The resolution Introduced by Hon.
Paul Van Dervoort, and adopted by
the board of fire and police commis
sioners, instructing the chief of police
to enforce the laws of the State of
Nebraska and the ordinances of the
City of Omaha, is in line with the
promises made by the A. P. A. during
the time the bill was pending before
the legislature. It is now in order for
the good people of this city to give
their moral support to the commission
ers. Let the pulpiteers join us in hold
ing up the bands of Messrs. Van Der
voort, Foster and Broatch. They have
laid down the gauge of battle. L-1
him who dares pick it up.
We have been informed, since our
last issue, that Mr. Cook is a drinking
man, but not a drunkard. We do not
know where the dividing line between
a drinking man and a drunkard comes
in, but for the benefit of Mr. Cook and
those who do know, this correction is
made. Our apology is due drinking
man Cook, and is cheerfully offered.
Is Borne Changed I
In this age of superabounding char
ity, are we to suppose that Rome has
changed? Is the spirit of Roman Ca
tholicism any more tolerant than in the
past? Is she any less arrogant, any
less pretentious, than in the days of
her loftiest supremacy?
The Vatican is omnipotent. Its edict
is law. Tbe claims of men to think and
act for themselves are inconsistent with
Rome's teachings. The pope is the
church. The laws of that church com
mand obedience everywhere or expul
sion by bell, book and candle.
Rome never wavers; and yet the bet
ter to attain her ends, in her Jesuitical
garb she is all things to all men.
Again, when opportunity serves she
gives free scope to her insatiable and
bloodthirsty spirit. What Rome Is at
the Vatican, that Rome is in Spain,
what Rome is in Ireland, Rome is in
It is full time for weak-kneed Protes
tants to call a halt on prating about
"religious prejudice" through the pub
lio press. Pray, what intolerance has
been committed by Protestants? Has
Protestantism gagged free speech?
"Religious prejudice!" "Bigotry!"
By whom are they fostered? The ques
tion of the hour is not religion. It is
fl.he red hand of ignorance raised
against our free schools, evinced by
its uncurbed, unbridled, bloodthirsty
spirit as witnessed on the Fourth of
July in East Boston. Boston Standard.
"The Catholio church has a right to
avail itself of force, and to use the tem
poral power for that purpose." .En
cyclical Si, Pope Pius IX.
The public-school system is a swindle
on the people, an outrage on justice, a
foul disgrace in matters of morals and
should be abolished forthwith. ATew
York Catholic Tablet.
Tbe raw of James C. Ish for the
murder of W. H. Cbappell will prob
ably come on for trial next week before
Judge SoolL Our reader remember our
position in tbe ca of the St a we of Ne
braska vs. Janes C. lab. It wa that
l.b wat justified in kiliing W. II. Cbap
pell. Tbe more we investigate tbe rae
and the more wa look into tbe anteee
dent of C bappell, the more firmJy are
we convinced that society wa bene
fited by bis reuiova', and that James
C lah, instead of lying in jail wailing
for the mill of justice to grind out a
verdict of not guilty, should be at borne
enjoying Its comforts in the company
of bis wife a ad child.
We shall tay very little about Chap
pell, for the reason that be cannot de
fend himself. Wore he here, we should
not hesitate to publish bis record; but
since be bat gone to render an account
to tbe highest court, we shall refrain
from more than referring to tbe charges
which the attorneys for the defense
will make against him.
They have filed three depositions in
this case, of testimony taken In Min
neapolis. They are tbe depositions of
J. C. Rice; Matilda Swenson, tbe former
wife of Cbappell, and Amanda Framka,
sister of Mrs. Swenson. We will not
Insult our readers by the publication of
these depositions. The deposition of
Rice shows that Cbappell was a pro
fessional blackmailer, and a man of a
low, licentious and lecherous disposi
tion. The testimony of his wife shows,
among o.her things, that she obtained
a divorce from him on tbe ground of
cruelty, adultery and his conduct toward
his wife and children, and that he com
munlcated to her a loathsome disease.
The testimony of the wife and ber sis
ter shows that he assaulted the sister
with intent to commit rape; that be
was arrested for robbery and confined
in the jail of Hennepin county, Minne
sota, for three months; that he was an
embezzler and a professional black
mailer. The testimony of these time
witnesses and the affidavit filed in sup
port of tbe motion for continuance sets
forth a character for Chappell that
shows him to have been a reckless,
dangerous and dissolute man, and a
man of such lecherous habits and tend
ency as made him a constant menace
to any one who came within his power.
The only thing to surprise the reader
of these depositions is that Chappell's
career was not wound up long before it
was by some one killing him.
The attorneys have also filed affida
vits by James C. Ish and Dr. H. P.
Jensen. Ish's affidavit is as follows:
State of Nebraska,
County of Douglas. (
James C. Ish, being first duly sworn,
on his oath fays that he is the defend
ant in the above-entitled action, and
that Mabel E. Ish Is a material witness
for him, and her evidence is material
for him in (aid cause, and without
whose testimony this affiant cannot
safely proceed with tbe trial of this
case at this term of court; that the tes
timony of said Mabel E. Ish is material
for him on the trial of this cause; that
affiant is informed and verily believes
that the said Mabel E. Ish would tes
tify and swear at said trial on behalf of
said affiaat, as hereinafter set forth,
but for tae facts herein tet out; and
affiaat is informed and believes that
she will be able and competent to tes
tify on the trial, of this action if the
same is continued until the next term
of this court; that she is the wife of
this affiant, and at this time is confined
in the county jail of Douglas county on
the charge of murder in the first de
gree; that said Mabel E. Ish is at this
time suffering from the effects pro
duced by a severe laceration of the
neck of the womb, said laceration hav
ing been at some previous time re
paired by a surgeon, but in a very im
proper manner; that affiant is informed
and believes that the effect of such
laceration of the womb is of such a
character as to produce severe nervous
and mental symptoms; and that this is
the ordinary effect of injuries of such
character, and that when an operation
ha been performed improperly the
effect is Intensified beyond the ordinary
effects; and that affiant is informed and
believes that said Mabel E. Ish is at
present suffering from physical de
rangement of the womb, which so af
fects her mental condition as to pre
clude her from serving either as a
witness in this action, where her sym
pathies are naturally and greatly in
volved, or where she herself would be
the defendant.
Affiant further states that he is in
formed and believes that said Mabel E.
Ish would, owing to her present phys
ical and mental condition, be unable,
by reason thereof, to correctly relate
and detail the facts with reference to
the homicide with which this affiant is
charged; and that he is informed and
believes that Mabel E. Ish could not,
on account of her present condition, be
relied upon as she should be and would
deserve to be if she was physically well
and not suffering from a mental and
nervous disease at this time; and affiant
further says that he is informed and
believes that said Mabel E. Ish can be
restored to perfect health and be able
to testify reliably and credibly within
four (4) months from this date, or by
the next term of this court. That said
Mabel E. Ish, as soon as she has recov
ered from the ailments and diseases
from which she 1 now recovering, and
bai fully recovered ber mental facul
ties, will be able to teatlfv a folio:
That she met tbe deceased, William
II Chappell, with the murder of whom
this affiant is charged, on or a Soul the
day of , H'J5, at the rcl-
dence of this affiant and said Mabel E.
lah, in tbe City of Omaha; that aaiJ
William H. Cbapp-ll cime to their
said reaiuenee for tbe alleged purpose
of selling a sewing-machine to said
Mabel E Isn and thi affiint; that
shortly thereafter, and from tha, time
on until the death of the said William
II Cbappell he, tbe said William U.
Chappell, repeatedly visited the said
Mabel E. Ish, at her said residence,
pretending to be making such visits for
the purpose of teaching the said Mabel
E Ish to operate tbe said sewing
machine.whlch be, the said William U.
Chappell, bad induced ber to purchase
from him; that Immediately after the
said sewing-machine bad been brought
by the said Cbappell to the residence
of said Mabel E. Ish and this affiant,
be, the said Chappell, commenced to
work the seduction of the said Mabel
E. Ish, and Induced her to meet him on
several occasions at her said house,
and at other places, and that after hav
ing brought the said Mabel E. Ish
under the Influence of him, the said
Chappell, he, tbe said William H.
Chappell, demanded of the said Mabel
E. Ish that she submit to sexual inter
course with him, which she at first re
fused, and that said William H. Chap
pell thereupon threatened to communi
cate to this affiant a statement that he,
the said William U. Cbappell, had had
sexual intercourse with her, the said
Mabel E. Ish, and that other men
known to said William H. Chappell
had also had sexual Intercourse with
said Mabjl E. Ish, and that he, the
said William H. Chappell, also on sev
eral occasions, in order to Indue 3 the
said Mabel E. Ish to submit to his de
sires and to have sexual intercourse
with him, threatened that if she still
continued to refuse, he, the said Wil
liam H Chappell, would kill his affiant,
and that unless the said Mabel E. Ish
so consented there would blood flow,
meaning thereby that he Intended to
commit some assault upon her or upon
this affiant. That at the time the said
William H. Chappell was so practicing
upon the fears of the said Mabel E. Ish,
she, the said Mabel E. Ish, was the
mother of a girl baby about the age of
ten (10) months; that said baby at said
time was at its mother's breast and was
not weantd; that the said Mabel E. Ish
refused to submit to sexual intercourse
with the said William H. Chappell,
and that thereupon the said William
H. Chappell administered to tbe said
Mabel E. Ish a drug known as "lotus
flower," which affiant is informed and
believe has the effect to arouse the
passion of the subject to whom it is ad
ministered, and to cause an unusual de
sire in the subject for sexual Inter
course, and that after said drug had
been administered to said Mabel E.
Ish, and while she was under the in
fluenc3 thereof, he, the said William
H. Chappell, took the said Mabel E.
Ish from ber residence in Omaha to a
place at this time unknown to affiant,
and there had sexual intercourse with
the said Mabel E. Ish while she was so
unJer the influence of said drug so ad
ministered by the said William H.
Chappell; that shortly thereafter he
compelled the said Mabel E. Ish by
threats that he would kill her husband
or to convey such knowledge of their
intercourse with each other to ber
husband, to communicate with him,
the said Chappell, by letter, and to
write him two separate letters wherein
she, the said Mabel E. Ish, pretended
and Btated that he had secured her af
fections, and that she would thereafter
willingly submit to his desires.
Shortly after the date of said letters
the said William H. Chappell, by
threats that he would commit an as
sault upon this affiant, and would com
municate the fact of his relation with
Mabel E. Ish to this affiant, compelled
the said Mabel E. Ish to meet him, the
said William H. Chappell, in the City of
Omaha, and that such meeting was
after dark, where there was no light,
and at that time and place the said
William H. Chappell, by si milar threats
that he would kill affiant unless she,
the said Mabel E. Ish, did as he, tbe
said William H. Chappell wished, sub
mitted to her in the dark two papers
in writing or one paper containing an
agreement, which papers the said
Mabel E. Ish, on account of its being
dark, was unable to read, and the pur
port of which she did not know, but
under the threats and in fear of ner
life, or that some harm would result to
this affiant, she signed the said papers,
and they are as follows, and were found
upon the person of said William H.
Chappell after his death:
"I promise to meet Mr. Chappell
once a week, without interruption, for
three months only. M. E. I."
"I promise to meet Mr. Chappell once
a week in a room for three months, to
date June 7 to September 7.
M. E. I."
That said William H. Chappell pro
cured her to sign and compelled her to
sign the said agreements, for the sole
purpose of further compelling her to
submit to his desires, and in order to
extort money out of her and her hus
band by blackmail, and that said Wil
liam E. Chappell procured said papers
for the sole purpose of un'aa fully com
pelling her to have sexual intercourse
with bim, and for the urjose of de
frauding ber and her husband out of
money by blackmail, and that said
agreement wa extorted from he-r by
tbe said William U. Chappell for the
purpose of compelling her, the said Ma
bel E. Ish, to lave intercoure with
bim, tbe said William II. Cbappell, as
be should desire, and on such occasions
a be should demand
That shortly after the said William
II. Cbappell also de-mandej of tbe said
Mabel E. Ish that she procure from ber
husband, this aftiint, the sum ol 11,000,
and that sail William II. Cbappell said
to and stated to tbe said Maoel E. Ish
that as soon as she bad procured the
said sum of (1,000 from ber husband,
that be, the said William H. Cbappell,
would lake the said Mabel E. Ish with
him and leave the City of Omaha and
go a great distance therefrom, and
thereafter would live with the said Ma
bel E. Ish as ber husband, and de
manded of her that she so procure said
money and prepare to abandon ber hus
band, this affiant, and their said child,
then only about ten months old; that
said Mabel E. Ish thereupon stated to
the said William H. Chappell that she
would rot consent to do said things or
to procure said money and abandon her
said husband and child, and thereupon
the said William H. Chappell threat
ened and said to said Mabel E. Ish that
unless she did so act and proenre said
money and agree to leave ber husband
and child and go with him, the said
Cbappell, that be would convey to this
affiant the relation then existing be
tween him, the said Chappell, and said
Mabel E. Ish, and would also cause it
to be conveyed to her husband that
other men were intimate with her, and
that he would kill her husband, this
affiant, unless she so submitted; that
these last threats mentioned were made
about two days before the death of the
said William H. Chappell.
Affiant further states that he expects
to prove by Mabel E. Ish that said
William A. Chappell visited the house
of affiant where said Mabel E. Ish was
repeatedly, from the time he became
acquainted with her up to the time of
his death, and that Mabel E. Isti re
peatedly refuted him admittance to tbe
house on a number of occasions, and
begged him and besought him not to
come to the house, and to leave her
alone and not molest her, and at such
times William H. Chappell insisted
upon being admitted to the house, and
threatened unless she did admit him
that he would commit some act of vio
lence upon her, and that blood would .
flow as the result of her refusal to ad
mit him.
Affiant further states that he expects
to prove by said Mabel E. Ish that the
only1 communications she had or at
tempted to have in any manner what
ever with said William H. Chappell
subsequent to her confession to this
affiant, and prior to the death of said
William.H. Chappell, was attempted for
the purpose of keeping the said Will
iam H. Chappell away from her said
That said Mabel E. Ish will also tes
tify that she did not communicate any
of the facts in this affidavit stated to
this affiant until the morning of the 8th
of June, 1895 the day prior to tbe
death of said William H. Chappell, and
that at the time she communicated
the facts hereinbefore set out to this
affiant she warned the affiint that Chap
pell bad threatened to kill him and
warned him to be on his guard against
Chappell's threatened assaults.
Affiant further states that the said
Mabel E. Ish will also testify that it
was in this conversation, on the morn
ing of the 8th of June, 1895, the day
prior to the deatn. of Chappell, that
said Mabel E. Ish related to this affiant
in detail the entire story of her inti
macy with Chappell and his Influence
over her, of his use of drugs in attempt
ing to coerce her to submit to his de
sire, of his attempted blackmail of the
said Mabel E. Ish, ani of the threaten
ing language used by the said Chap
pell, and the threats made by the said
Chappell to the said Mabel E. Ish of
violence to herself and to this affiant.
Affiant further states that he expects
to prove by the said Mabel E. Ish that
she was present at the time of the kill
ing of William H. Chappell; that the
said Chappell assaulted said James C.
Ish upon his entrance into the room,
and that the first shot fired was a shot
fired by the said William H. Chappell,
from a revolver held In his hand, at
this affiant, and that said affiant did
not shoot at said William H. Chappell
until the said William H. Chappell had
first shot at him, and that said Mabel
E. Ish was the only other witness pres
ent except this affiant on that occasion.
Affiant further States that one
Charles W. Winstanley is a material
witness for this affiant in his defense in
this action, without whose testimony
this affiant cannot safely proceed with
the trial of this case at this term of
court; that said Charles W. Winstan
ley, as affiant is informed and balleves,
Is at the present time in the State of
Minnesota, and will not return, to the
State of Nebraska and the City of
Omaha in time to be present at the
trial of this cause at this term of court;
that said Charles W. Winetanley, as
affiant la informed and believes, is at