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About Nebraska herald. (Plattsmouth, N.T. [Neb.]) 1865-1882 | View Entire Issue (March 30, 1871)
tAT1 SMQUTH NEBRAKSA.,
THURSDAY, 3IARCII 30, 1871.
The Congregational Church sociable
will le helJ at the residence of Mrs. E.
T. Sehanip, on Friday of this week.
P. II. O'NeilU Merchant Tailor, his
removed his establishment to one door
wet of Waterman's office, where he is
prepared to "give you fits' on ehort no
tice." We devote most of our space to the
impeachment evidence for a fw days.
One more day and we will conclude the
evidence, then we will have our accus
tomed amount of "red hot" matter.
The Spring election will he held in
Lincoln the first of next month, and the
Journal says there is not a candidate for
any office. Well gentlemen, just send
down to Plattsmouth ; we can furnish
you any desired quantity and quality of
candidate?, on reasonable terms.
Jt is thought there will be scleral can
didates in the field for the various offices
in this city. "The more the merrier,"
we hear proclaimed. We want good
men (and "good boys too"), and if there
are plenty of candidates to select from
we will undoubtedly get them.
llerser is the most enterprinng gard
itcr in the State. He has been in the
city with lettuce aud rhubarb every day
for the past month, ready to supply the
hungry and those who delight in delica
cies. A gentleman stopped at one of our
hotels, who was a Greek from Greeselund
He spoke four languages, and had a gun
that would shoot three and a-half miles.
The last seen of him was on the road to
Col. Thos. Doane and lady arrived
froui a visit to the "Hub", last Satur
day evening. The Col. returns to his
labors fresh for a Spring and Summer
campaign, ready to extend into the in
terior the best constructed road in the
west. The Boston capitalists who back
the 13. & 31. are fortunate in -having a
man of CoL Doan's experience, energy
and capabilities to superintend their
business in this state.
There is an average of about two cars
a day of immigrant traps going west
from this city, and from fifty to one hun
dred passengers e,ach day.
The Emily LaBarge came up at 1 p.
in. to-day, with a good load of freight
and a full list of passengers. Something
less than two hundred passengers stopped
here, and a fair quantity of freight was
O'Bricu has adopted the maxim m
much in vogue where competition is
close, "quick sales and small profits."
He sells good boots for men at $3.f0;
good brogans for boys at $1.50; a va
riety of women' shoes at $100; nice
fchocs for babies at 50c ; some splendid
high cut lace gaiters for $200, and some
nice lace gaiters as low as $1.50. He
sells fur cah and sells cheap.
The female pcrtion of many a house
hold in this city nowjthat cisterns are
dry, and they are compelled to use bard
water for washing will be grateful to
knew that A. H. Buck sells a washing
crystal for the purpose of softening the
water. It is the best article in use, and
hou1d be in every well regulated house
hold. Mr. riummer, of the Wholesale and
Retail House of Clark k Plummcr, of
this city, left for the east yesterday to
purchase a stock of goods. He will visit
Boston, New York, Baltimore, and
other large cities, where he will buy di
rect from manufacturers and fint deal
ers as much as j-ossible. Clark & Plum
mer arc noted for keeping the best as
sorted stock of goods in the west, and
Mr. riummer will purchase so a to
maintain their present reputation.
We understand that Manager Myers,
who was reported to have left Lincoln
in disgust over the impeachment, instead
if going home, hastened to the district
represented by Senator Gerard, where
lie proceeded to manufacture as much
public sentiment as possible against the
Governor, aad then procure all the
pressure 'possible to bear upon Mr. Ger
ard, to prevent him voting for acquittal
This'may be sharp practice but is it jus
tice to either Mr. Gerard, Gov. Butler
or the coBimonwealth of Nebraska?
F. J. Metteer, has received, within a
few days, a large stock of farm imple
ments, 6uch as threshing machines, rea
pers, mowers, cultivator?, seeders, corn
planters, wagons &c, which he is sell
oa reasonable terms. A. C. Mayfield
andCharle Viall are traveling agents
for Mr. Metteer, and we think the far
mers will find them reliable gentlemen
to deal with. The advertisement of Mr.
Metteer will be found in to diys issue.
John Fitxgerald, Esq. "our Fitz."
and his fair bride arrived at home this
morning. Fitz. has concluded that
Plattsmouth is the best place yet dis
covered, and he will remain here and
give our peopls the benefit of his in
domitable energy in the way of helping
our city, county and State forward on
their career of prosperity.
II. N. Orr, Esq., arrived at homo a
few days since, looking much, better for
his sojourn among the Canadian snows
We neglected to notice Prof. d'Alle-
Tini's school examination that came off
I mdiy evening. , It was said to have
i sen a five affair, and was attended by a
. -rr lars-e concourse of people. White
. S mires' large hall was filled to over-
t. )winslbylthe delighted multitude.
We understand that Fitzgerald, ever
vi the alert to have things just as they
; -lould be, contemplates erecting a galle
..' over the stairways leading to the hall
. i his new block. This will check the
uid from the stair below, and will make
v In for on hundred or more people.
We would call the attention of the
public to the advertisement of Mr. James
Greenwood, which will be found in an
other column. Mr. Greenwood keeps a
large assortment of garden and field
seeds, and we would advise all needing
anything in that line to call on him at
the eld stand of M. TenEick.
Republicans should ever remember
that a political party is a result
from organizations in the villages
and precincts of the land. It
is a great river, which has innumera
ble springs and sources as its origin.
Like onto a river, if the little streamlets
and springs which feed it thould be cut
off and dried up, or turned into some
other channel, the river would cease to
run. Cut off all the tributaries which
flow into the Missouri and there will be
no Missouri river. It is just the same
with party success. Cut off the orgaui
zatiou in the villages and precincts and
the main river the great party of the
Union feels the loss.
Pir.n At the City Hotel, in this city,
at 2:30 p. m. March 2Sth, 1871, Al
mond S. Tomlinson, of consumption,
aged 27 years.
Mr. Tomlinson was a stranger in a
strange land no relative to soothe him
in his last extremity no kith or kin
near. To the charity of strangers he
was committed, and they did everything
that money and attention could do. He
was a man of kind heart and impulses,
and "Tom., as he was familiarly called,
will be missed.
The new revolution in France is likely
to send the price of wheat upward.
We sincerely hope that whoever the
uew city council may be they will not fail
to pen the Southwest Avenue. This
outlet is so important to us as a city, that
no one should be nominated to office who
refuses aid for opening it.
Farmers, do not go to Plattsmouth,
without seeing O'Brien's stock of boots
and .-hoes next to Postoffice. You will
eave money by buying there. m30wtf
Geo. S. Smith, Esq. is erecting a fine
house in White's addition, which will be
an ornament to that part of the city.
Smith is an energetic man, and is doing
his share toward making Plattsmouth
the city of the west.
If some one who knows will furnish
copies of the different tickets now in
nomination we will take pleasure in giv
ing them publicity.
A large number of immigrant wagons
arc arriving daily. The great rush seems
to be for Nebraska, and homesteads are
being taken at the Lincoln land office at
the rate of fifty to one hundred a day.
The rock work on M. L. Whito'i new
business block is nearly completed.
White is a live man, and is a candidate
Public examination of school teachers
for Cass county was held as pr adver
tisement by Superintendent Patterson,
in the Sunnyside school house, Platts
mouth. At your request, Mr. Editor, I
went to sec. I saw, and do gladly testi
fy that the examination (a written one),
was one of the fairest and most impar
tial I have ever seen, and I have seen
them on both continents and in three
realms. Yoca Hcmple SrEC.
In the report of the Association at
Eight Mile Grove, please read the words
"well acquainted with Education" well
acquainted with Elocution, and the
words "beautiful entertainment," boun
tiful entertainment It was a mistake
We have just received from the pub
lishers, Amos Mason & Co., Old State
House, Boston, Mass., a copy of their
book "Harvest of Gold, or The Great
Secrets, How to Get Rich, How to Get
Fat, How to Prolong Life," which they
claim to be "one of the most practical
books of the 19th century ;" and we find
it plain and sensible, and a work which
though small t hould be read by every
man, woman and child in the United
States, as its price of $1.00 places it
within reach of all.
No farmer should be without a pair of
those Patsnt Dirt Excluding Flew Shoes
that O'Brien has introduced into Platts
mouth market. They are Chicago made
and warranted, both in American and
French kips. mch30wtf
To those kind friends who met at the
church on last night (March 22) and
made us the happy recipients of their
generosity we return our warmest
Dear friends, the greatful remember
ance of your kindness will never fade
away, but enshrined in our inmost
hearts, will remain forever
J. B. & L- C. Maxfield.
The Boot and Shoe Store of J. S.
O'Brien, one door west of Postoffice, is
being rap:dly filled with new goods for
spring and summer wear. Go and see
BRICK, t BRICK I ! BttICK! II
The cry goes up from all quarters for
brick. We understand there is no more
for sale in this city than will build a few
flues. There is a splendid chance for
some parties to realize a "pile." Come
hither, all ye "bricks." Here is the
place to get your money back.
I will pay the above reward for the
man, or rather the wretch, who poisoned
"Dog Star Brin," provided the wretch
does not weigh over twa tons.
i ' N. B. No advantages of the law will
be taken. Frank D. Williams.
The Lincoln Journal, gives the parti
cuiars ot a horrible accident which c-
cured, on Middle creek, near that city,
A Mr. Brown was harrowing in grain.
when his horses became frightened, and
ran over one of his children, the harrow
literally tearing the poor little fellow in
pieces- The child was about ten years
old; at last accounts he was still breath
ing, but no hopes was entertained of lis
THE IMPEACHMENT TRIAL.
EVIDENCE IX THE BtTLEB CASE.
(Continued from Second Par )
Cross examined I am a preacher of
the Gospel ; do nat deal in lands ; have
same lots ; know of school lands sold at
the price I estimated at from 5 to 9 miles ;
there was about 5 miles from the city a
tract of 160, with a small building with
one room and about ntty aeres improved
for $4,000 ; there was a sale about to be
completed of naked prairie land about 6
miles from the city at $12 per acre ; I
I b2lieve that the lands would bring one
half that sum at an auction sale after
due notice ; 1 think the lands would
bring that after due advertisement from
five to twenty dollars per acre at a sale
By Mr. Kennedy Pawnee City is 25
miles from a railroad depot and 46 miles
from the Missouri River at a trading
IK Kesson sworn :
Witness examined two mortgages ; I
reside in this place; am familiar with
the value of lands in the vicinity cf Lin
coln ; I estimate the value of lands iii
Mortgage No. 18, 80 acres, at $10 per
acre; mortgage No. 19, 160 acres at
about $10 per acre ; I know the sale of
other lands about the same distance from
the town ; L think it would bring that
fnce at a forced sale it being advertised;
do not know what the lands are ap
praised at, one piece is about 6 miles
and the other abeut the same; I think
it good security at that price for money
Mr. Rcdiek introduced as evidence ab
stracts of the title to the lands described
in the mortgages.
J. M. Young sworn :
I reside in Lincoln, am familiar with
the value of lands in the vicinity of this
town I think the lands in two lots are
worth from $6 to $10 per acre, depend
ing upon the topography of the tracts;
I arrive at this conclusion from the fact
that I own a tract near that, I gave $16
per acre ; I know of lands at $25 per
acre ; I hold my lands at $10 per aere ;
I should expect to get lands at double or
one-third over actual value ; I think
these lands described would be good se
curity for a loan at 5 per cent.
J. S. Church, sworn:
I reside in Brownville, Nebraska; I
had a conversation with Mr. Sweet about
the 5 per cent, fund last year at the time
of the special session : I was on an in
vestigating committee and saw a report
of the Auditor and the $17,000 was not.
there ; I went down to the lank and told
Mr. Sweet that wo understood that the
money nad been collected ;
he said it
had and was deposited in
Treasury; he said that it was deposited
in May ; I afterward talked to the Ixov
ernor and the Auditor and then went
down to Mr. Sweet and he said that he
thought it must have been deposited as
he saw the amount credited to David
Butler, but that he knew nothing about
it ; he was positive about it when I went
the first time ; the Governor told me
that he had used part of it, he said he
had found $16,881.36 on his books, but
he knew- nothing about it the second
time; he said the first time that there
was no doubt about it; he told me
nothing about certificates of deposit ; I
never heard about it till I came here ;
this was in February 1870.
Question by Mr. Thomas The differ-
ence between tne -treasurers ami me
Auditor's statement; the treasurer said
that it was not there, and the Govornor
said he had drawn out a part of it; my
impression is that the Governor said he
had checked it out ; I did not know
when I went there how much it was : he
went and found on h?s books the exact
H. D. Hathaway, sworn :
I reside at Plattsmouth ; I was pres
ent at a conversation between Mr. Sweet,
myself and others with regard to the 5
per cent, fund ; it was at the meeting oi
the Republican Central Committe? : the
Governor was there to answer certain
charges, among them that of the 5 per
cent, fund : the Governor mafia a state
ment that the money had been brought
to Omaha, and ho had given Brock a
power of attorney for the money and
Brock had collected it and had deposited
it in the treasury, and he afterwards
borrowed the money from the State ;
the Governor said it was secured by
mortgages on lands; Sweet said the
statement was true; Mr. oweet, it 1 re
member rightly, said the same thing in j
substance to the committee after this;
I think the next day it was stated by the
Governor and Sweet that the mortgages
had been executed .
Cross-examined The Governor said
that Taylor had brought the money from
Washington to Oiuaha and denosited it
in the First National Bank, and that the
Governor ave Brock as Deputy Treas
urer a power of attorney to bring the
money to Lincoln and deposit it in the
Treasury! and that afterwards he had
borrowed it from the .treasurer.
By Senator Thomas I understood
that the mortgages had been made by
the Governor and were out of his poc
J. W. Hollinshead, sworn :
I reside in Pawnee City ; am familiar
with the price of lands in the vicinity of
Pawnee City; lands from five to ten
miles from the town are worth from five
to eight dollars per acre; the 80 acre
tract described, adjoining the town site,
is worth from Beventy-tive to one hun
dred dollars per acre ; I estimate the
value at what it would bring at an adver
tised sale ; I know of no lands sold at a
less price during the past year than those
I have mentioned.
Cross examined These lands would
bring the price I put upon them at a
forced sale, provided it was advertised ;
there are from 500 to 700 inhabitants
ia Pawnee City ; there are three streets
used as business streets ; the 80 acre
tract is about 180 rods from tho business
street coming in from the north; I esti
mate its value at what it will bring ; am
not personally acquainted with the. north
east quarter of section seventeen ; I know
where it lies ; if I was on a trade with a
tuan, and not having eeen the land, I
would allow him seven dollars per acre;
I would loan money ou it at five dollars
per acre from what I know of the land.
Question What is the land which
?rou say is worth five per acre to secure a
oan, assessed at? Objected to.
The objection was sustained.
I do not know anything about the
penitentiary lands in this State.
John Morris, sworn :
Reside in Saline county; the laud de
scribed in mortgage in section 28, is
worth ten dollars per acre, aud perhaps
more ; the tract in the other mortgage
(No 191 ia worth eight to ten dollars per
acre; t am well acquainted with the
tracts I am the architect of this build
ing; lam acquainted wih some of the
penitentiary lands ; some of them lay
very near ; some of them are badly cut
up ; this tract lies very nicely ; I think
the minuimum value of lands in that vi
cinity is from five to eight dollars ; if I
had money to lend, I would loan it c.i
this tract at from $5 to $8 per acre.
Charles Seymour, sworn :
I am acquainted with James feweet,
Treasurer ; have known him nine years ;
was present at the city of Omaha in Sep
tember last ind heard a conversation
then between him and others relative to
i the five percent. lund; Jiy recollect ion
of the conversation is very nearly the
same as that of Mr. "Hathaway: Gover
nor Butler said that the money had been
received at Washington, and he had
made arrangements with E. B. Taylor to
bring it over ; Taylor brought it to Oma
ha and deposited it in the First National
Bank, and he had given Mr. Brock a
power of attorney to collect and put it
in the Treasury; that afterward Sweet
suggested to Butler that he had better
borrow the inone, as it was lying idle,
and that he had done so ; Sweet assent
ed to this, and explained the reason
why he had advised Butler to borrow the
money, was that it was lying idle and
was drawing no interest.
Cross examined Don't remember
whether an3'thing was said about the
mortgages ; I did not know why the Ce.n
tral Committee was called together till I
got there ; the question was raised as to
the power to loan the money ; I got the
idea from Sweet's statement that the
money was loaned shortly after it was de
posit d in the Treasury ; no opposition
was offered and discussed by the com
mittee ; 1 was satisfied from Sweet's
statement and from his explanation of
Brock's written statement, that the mon
cy had been deposited in the Treasur3'
and loaned out to Governor Butler.
By Senator Thomas The idea that I
got was that the mortgages had been ex
ecutcd, delivered to Brock and by him
sent to be recorded, and that the inte
rest on it had been paid.
A. W. Kellogg, sworn:
I obtained the statement made ty
Brock and published in the newspapers
at the Auditor's office ; I took it to
Plattsmouth and showed it to the Gov
ernor ; I think that Brock msde some
corrections in it before I left town ; do
not remember what the correction was.
Cross-examined I believed that the
statement was correct when I received it;
don't know that it was made for a politi
cal purpose, supposed it was to be used
to meet the charges in the papers about
the 5 per cent fund ; C. 11. Gere was
present and heard Brock's testimony in
regard to statement last fall.
C. II. Gere, sworn :
Our reporter being "engaged" at the
time, the Journal will publish this tes
timony as soon as the short hand writer
can furnish us a copy of their notes.
Seth Robinson, sworn :
I have been Attorney General, was
present at the time the Governor and
Brock made the arrangements for him
go to Omaha, prior to the conversation
the Governor and myself thought an
open letter would be sufficient ty have it
paid to the Treasurer, but Brock insisted
upon a power of attorney, and it was
thought that the money was deposited to
Butler as Governor; the money was sta
ted in that conversation to be State funds
that the Governor had secured the col
lection of at Washington, and mentioned
as the 5 per cent fund ; Brock did not
say much but lisened to the conversa
tion ; the power of attorney was signed
by David Butler Governor, countersigned
by the Secretary of State, and sealed
with the State seal.
Cross-examined There could have
been no misunderstanding about the
character of the money as it was freely
discussed, as Brock is a man of ordinary
intelligence and was in a normal condi
tion of mind at the time ; I was Attor
ney General of the State, was appointed
by the Governor.
By Mr. Redick Experience Esta
broolc was my principalal competitor for
the office he drew the bill creating the
The mortgages on evidence were drawn
under my supervision; they were drawn
in December; there were 17 drawn the
first day and the other two the day after;
there were 19 bonds and 19 correspond
ing mortgages ; I was nut in the Senate
between the last of August and the 10th
of October; I got the list of property
from the Governor ; tho Governor gave
me a list of the mortgages ; I arranged
the form myself and insisted upon the
best lands he had in Pawnee county; I
do not think that the Governor dictated
in the matter ; a mortgage is a deed ;
a deed is not a contract ; the Governor
gove me tlu numbers of the land, and
told me the amount that should be
placed upon each.
By Redick The Governor had in
formed me before that time that he had
borrowed the money from the School
Fund, and these mortgages were to se
cure that lund ; J, as a State omcer in
sisted upon auiphi security in the best
land he had ; I took the bonds to Mr.
Brock, Deputy Treasurer, we examined
them together, and he accepted them;
this was I think the same day that the
mortgages were drawn up.
By Estabrook I stated to the inves
tigating committee that the abstract of
the property in the Tichenor loan was
made by me prior to the drawing of the
By Redick The mortgages were
drawn iu the Governor's loan by Cob
Webster, under my supervision, I hav
ing drawn up a rough form; if tlfe date
of 1870 occurs in any mortgage?, it is a
mistake as it should be 1SC9.
Fcnator R. Hawke sworn:
Have had personal transactions with
Gov. Butler in furnishin supplies for the
State to the amount of $11,000 to $12,
000; Gov. Butler never asked me for
pecuniary reward "r intimated that he
wanted anything of the kind.
Senator D. Brown sworn :
Had a conversation with Mr. Sweet
last fall ; he told me that Gov. Butler
had secured the loan he had made from
the State by mortgages on lands in Paw
nee county; that they were recorded;
I asked him if he was sure of that fact,
and he said Brock could not have neg
lected to send the mortgages down to the
County Clerk for recording.
John L. McConnell, sworn :
Was a member of the firm of James
Sweet & Brock in June 1868 ; was a
member of the firm about two years; I
acted as cashier ; I received and paid out
the moneys of the .firm ; remember when
Brock went to Omaha to get the five per
cent, fund ; had conversation with
Brock prior to his starting to Omaha ;
he said he was going to get the five per
cent fund due the State from the De
partment at Washington ; he said when
we got it we would be cay and flush in
our banking business ; he meant by that
we would have money to loan ; he got
back on the 22d ; I remember counting
it with Brock that day in the evening;
there was between $16,000 and $17,000;
after the money was counted it was put
into the safe the same place where we
put all the money belonging to the State
funds ; I thiuk it was placed to either one
or the other of the accounts that repre
sented the State on our books ; hardly
think it was credited to John Rix ; it
must have been placed to the credtt of
John Rix, or Nelson C. Brock, or of
James Sweet, State .treasury, ; 1 think
we balanced accounts and books about
once a week; I know the money was
credited t John Rix or Nelson C. Brock
for the reason that it was not credited to
Question If certificates of deporit had
been given to any body at that time,
state whether or not the books would
have shown it. Question withdrawn.
I would possibly have known it if cer
tificates of deposit had been given; I
first heard of certificates of deposit dur
ing the investigation last winter; I don't
think the certificates were then ;
after the investigation last year I had
a conversation with Brock upon the sul-j-"ct;
'luring the investigation !a.at voir
Butler desired me to go down to the
bank and get the duplicate voucher or
receipt for the five per cent, funds de
posited in the Treasury ; I saw Sweet and
we looked for the record of the funds and
found no record ; Sweet severely schsured
Brock ; after Brock returned from his
wedding tour I told him that Sweet had
censured him for not consulting him
about the depositing of the fund, and
Brock became angry and t'aid if Mr.
Sweet would stay at home and attend to
his own business, he (Brock) would keep
his books ia such a manner that no Leg
islature or investigating committee
would be any the wiser for them.
Question What did you do in regard
to buying State warrants at a discount
when Brock held the fuuds of the State,
and at whose interest ? Objected to,
I bought State warrants for th firm
at the instance of both Mr. Sweet &
Mr. Brock ; the reason they gave was
that Brock was deputy Treasurer and
Sweet was Treasurer at that time the
funds of the State were kept on our
books in the name of Nelson C. Brock,
or of Jauius'Sweet St:ite Treasurer; I
think the name cf John Rix was first
placed on the books in the summer of
1869 ; for about two months after the law
was passed Sweet and Brock kept the
funds separate in the safe, after that time
all the State funds were kept together ;
I think that during the first two months
all the funds were kept in a big enve
lope in large sized bills ; we changed the
names of keeping them because Mr.
Brock thought he could evade the law
this way with less trobble ; I know Brock
said so; sometime during thd summer of
fall of 'C9 I heard Brock say that Gov
ernor Butler had borrowed this sum of
money from the State.
I received and paid out the money,
Brock also acted in that capacity ; the
money spoken of was brought from
Omaha in a traveling sack in packages ;
I was in the bank when Brock came with
the money, he came in and said "how
de do," and said he had the State funds
he took the money out and he and I
counted the money over that afternoon
and evening ; the money was in $1,000
packages ; we took the packages apart
and counted tho money separately ; we
put them iu the safe where all the other
State money was deposited ; I do not
know whether there was an entry
made at that time or afterwards; I don't
know positively whether an entry was
made but an entry must have been
made in some way in order that the
books should balance ; had a conversation
with Brock after the money was counted
and Brock congratulated himself that
Sweet knew nothing about his visit to
Omaha and of the deposit of the money
in the Treasury, because if he had keown
about it he would want part of it to use
in Nebraska City ; 1 heard that certifi
cates of deposit had been given by Brock
about 8 months afterwards from Brock
himself ; Brock stated to me that he had
dated back these certificates of deposit;
he did not state that two sets of certifi
cates were made ; I do not thiuk that
Governor Butler checked out this money;
he did not check out over his account
that I remember while I was in the
bank ; I wont etato positively but I don't
think he had overdrawn his account,
(referred to the books) ; it was overdrawn
Dec. 31st, $7,044 66 ; the entry would
appear on ; I could not tell by the books
the amount of any particular entry, as it
might have been entered on one two or
three different accounts, if one book had
been balanced within a week after, and
it would have shown that the amount
was credited to somebodj-; if certificates
of deposit had been issued for the
amount prior to the balancing of the
books, the books might have balanced ;
I find an entry to the credit of I. ISutler
on the 22d of Mav, to the amount of
Examining a stub book he says, T find
stubs showing on the 22d and 25th ot
May three certificates of deposit; those
dated May 22d are cancelled ; could not
say that these certificates could not be
antedated ; it might have been by leav
ing blank leaves; the reason 1 think they
were antedated ia that Sweet and I ex
amined the bcoks and this stub book
among them and coul 1 find no such
entry ; the certificates may be all straight
but I do not think Mr. Sweet aud myself
could be mistaken ; some of the certifi
cates are in my h".:id writing ; none on
the 25th iiijiuy handwriting, none on the
22d ; nono between these two dates ;
there are some in my handwriting on the
21t and the next on the 27th; it is pos
sible thee were antedated ; Brock ad
mitted to me that these certificates were
dated back and Sweet and myself could
not find the amount ; in case of certifi
cates of deposit there should be an entry
in the journal ; the entry is made on the
journal of that date; don't hardly think
the entry could have been made if the
certificates were dated back ; these are
the same books that Sweet and T exam
ined and we never have seen thens en
ries; the books look straight ; the ledger
shows that tho account of David Butler
at the time I left the bank was overdrawn
$16,343; the books show that I was
mistaken in thinking that Butler's ac
count was not overdrawn ; I am Treasur
er of the University ; Gov. Eutlcr
assisted me in getting the appointment.
Re-examined by Redick I know that
the Governor assisted me in getting that
appointment; he stated to me that that
scoundrel Brock had had the audacity to
offer him 500 to get him appointed;
ehere is nothing to identify the 5 per
cent fund with this money placed to the
tredit of Butler ; we were not in the
habit of issuing two sets of certificates
of deposit, as was done in this case ;
never heard of such a thing before; 1
did not know of some certificates that
were issued ; I cannot swear positively
that Brock got back from Omaha on the
22d; don't remember the day of the
Cross examined I know the money
was not put back in the carpet sack and
the carpet sack into the safe after Brock
and I had examined it
Bv Senator Thomas I was elected to
the Treasurship of the Board of Regents
of the State University on the 3d of
December, 1870; it was not usual to have
blank leaves in a stub book. I don't
think it was ever done previous to that
time, if it was then.
By Senator Kennedy The banking
house of Sweet & Brock shared in the
pofits of buying warrants.
By Senator Cunningham At the time
this money was brought from Omaha the
State funds were not kept separate from
the banking fuuds.
By Redick Sweet & Brock did refuse
to take warrants at par when they had
State money in their own name or in
that of Rix.
By Senator Hascall I thiuk they did
refuse to take them at par or to pay
them when funds where in the bank ap
plicable to the warrants presentd.
By Seuator Cunningham I never
paid Gov. Butler rny thing to work for
me for Treasurer of the Board, never
thought of such a thing and he never
asked me for a ccut
The managers offered the books of
Sweet & Brock as evidence. Objected
to on the ground that entries of third
parties in books cannot be used to con
vict or to bind any one in a prosecution,
objction withdrawn by; request of -the
Governor . .
Redick offered the resolution passed
by th Legislature of 1870, after the re
port ''f the invc--'i.sating comuiiMc-c had
been heard, approved March 4th 1870.
Objected to. The objection "was over
ruled by the Senate.
Red ck offered a letter from Thomas
F. Hall to the Governor, respecting the
salt lease received.
J N. Cassell, sworn :
I think I was conversant of the value
of the Tichenor property to the 1st of
July last ; 1 considered it worth $30,000
and think it is worth that to-day.
Senator Cropsey called :
I think the Tichenor property was
worth July last from $20,000 to 25,000.
R. P. Beecher, sworn :
Was an insurance agent last July ; the
Tichenor House was insured to the sum
of $8,000 in the Underwriter's Company,
and $5,000 in the Loiillard Company,
aud these policies wore assigned to the
State ; the $5,000 insurance was cancel
led ; the Company wrote me that they
had received an advertisement of the
Tichenor lottery scheme anti that they
had information that it was over-insured;
Brock had about $7,000 insurance upon
this in addition ; tho 8,000 policy is
dated J ijne 22d and is u;s;ned to the
T. P. Kennard rc called :
Have no positive date to show how
much of the superstructure of the Lu
natic Asylum was finished and how
much material was on hand on the 15th
of December : the report of the Legis-
lative Investigating Committee of last
year, according to my recollection, was
that there was on hand ot material and
work done from $45,000 to $40,000
Cross examined There were two
contracts entered into by Ward ; first for
.11 ..i io .1
me basement, tne second ior tne super
structure ; when payments were made to
Ward, he brought estimates to the
Board of Commissioners ; the estimates
were passed upon and allowed by the
Commissioners ; he Lrought in his
written estimates, so much for labor and
so much for material, and we approved
them and wrote approved on the esti
mates; these estimates were not all upon
the basement at that date ; the contract
for the superstructure was let previous
to that date ; the contract for the base
ment was made June 3d, for the super
structure on September 18th; at the
date of the report a large amount of la
bor and material had been furnished.
Question Are the facts stated in sec
tion 3d of the report of the Investigating
Committee here presented true? Ob
jected to. Objection overruled.
Answer We are charged with making
payments carelessly ; I can hardly recol
lect at this time what the testimony was;
the committee I suppose made their re
port on that evidence; I recollect that
once I went to Omaha and Ward sent by
me to purchase a bill of lumber, and
some of" this lumber might have gone
into the Asylum, into my house, and
into the Governor's ; I paid Ward from
time to time, as I had the money, for
my lumber ; Silver also bought his lum
ber in the same way, and he wasbuildiwg
the Auditor's house; he probably made
his estimates in the same way ; but Ward
and Silver made their estimates not for
the private buildings but for the public
buildings ; Ward claimed that his esti
mates we re in excess of the money re
ceived ; Mr. Hunt upon examination
thought the estimates were a little short;
I do not know which was correct,
John Cadman, sworn :
Don t know the value of the Tichenor
property in July ; had not been through
the bouse. j
March 23, 1S71.
SITTINfi AS A COURT OF IMFEACIIMENT
FOR THE TRIAL OF THE GOVERNOR.
The counsel for the respondent having
permission to introduce the Treasurer's
report of the present session, rested their
case. The counsel fbr the JHunugcis bjr
consent, called Mr. Davis.
J. T. Davis, sworn :
Am a lawyer : reside in Blair, Neb. ;
was secretary of Northern Nebraska Air
Line It. It. ; the articles of incorpora
tion were signed June 2d, 1867 ; the ar
ticles of organization of the company
were forced unde- the general incorpo
ration law; a meeting of 'he directors
was held at the capitol building at Oma
ha. 1870 ; the articles and the by
laws were filed in the office of tho sc-re-tary
of State ; cither the articles or the
by-laws provided for annual election of
officers ; the first meeting was to be held
three mouths f Voui date ; the next meet
ing of tho co:up:iiiy was held over a year
afterward ; the first annual meeting was
not hold ; the meeting was held over a
year after it should have been held ; at
that meeting a proposition was present
ed for consolidation with the Sioux City
Railroad ; this was sometime in the fall
of 1868. General Bowen, President,
Mr Kennard, D. C. Slater, John T. and
II. P. Beebe and myself, these officers
were elected at Omaha City, at our first
meeting, June, 1867; the books were
opon for subscription soon after the
meeting in the fall of 1868 ; I do not
know where the books are, they were
taken from my office at the time the
stock was taken, for the purpose ftf be
ing conveyed to Cedar Rapids, Iowa ;
there was a consolidation of tho two
companies about thice or four months
after the taking of stock ; Mr. Cook, at
torney of the S. C. & F. II. R. came to
my office ; he represented the S. C. &
It. It. and certain stock of the Air Line
Railroad ; be and myself were pressnt,
no others were there irr person ; I think
it was in 1S69 ; the N. Nebraska Rail
road Company had not to that time con
structed any railroad ; I did not up to
that time sign any statement of the con
dition of the company ; I do not know
whether there wa3 any mosey paid for
stock at the date of that consolidation ;
the S. C. & P. R. It. was completed
during the next winter to Fremont,
about tight or nine months afterward.
Witness draws a diagram of the road.
It did connect De Soto and Fremont ; 3
miles of road were built to connect Blair
with De Soto, now occupied by the O.
& N. W. ; this three miles was rather a
poor road ; had small ties, old iron and
Cross examined Have taken lessons
in drawing ; it was when I was small.
Re-examined I came to the capitol
with Gen. Bowen, 3Ir. Blair and J . C
Cook: on my first visit we conversed
wi h Kennard, the second with all the
coiHUiisfciuners ; objections were made to
issuing patents on the selections made
by Bowen and myself, by the Governor
and Auditor; I am acquainted with the
selections made; I dont know what selec
tions were made when the patents were
granted ; it was three months after that
I heard of the issuing of the patents.
Cross examined We presented our
proof of consolidation to the Commission
ers and asked for the patents : the proof
of consolidation was left with the Com
missioners ; I think the latter was re
ferred to the Attorney General ; these
lands laid in tracts of not less than one
half a section-
The Managers recalled Thoma3 F.
Hall. Shown a letter.
I stated yesterday that the letter was
wtnedhvme; read letter in reply to
mine ; the matters referred to iu these
letters av o the same I testified about ;
they referred to the conversation held on
my first visit to Lincoln.
The Managers offerea an abstract
the County Clerk of Pawneee county of
the lands, differing from the one already
introduced, in having the memorandum
of the assessments made upon that laud.
Objected to. Objection overruled.
H. Lett, sworn :
Reside in .Brownviilc ; have been en-'
gaged in buying and selliVig lands ; I
don't know that I have a clear knowledge
of the value of lands in Pawnoe county;
I have lands in Pawnee county ; I have
lands for sale in that county; have had
them for sale four 3'ears; have had lands
on my books for sale within the limit of
12 miles, but not within 9 miles of the
town ; they are unimproved ; I have
been asking $5 dollars per acre; I have
not sold any at that price ; have sold
none at any price ; have sold a great
many tracts of land during the last four
years in Southern Nebraska; am not
able to answer the questions any further
than I have already in regard to the
lands I have for sale ; I would not re
gard lands as valuable there as nearer
the river ; I have sold many pieces of
land in Nemaha county, some $5 to $10;
they were in the vicinity of settlements ;
lands that I held $5 per acre I would not
loan money on for $2 an acre though I
would not take less than my price for it ;
my lands in Pawnee county are near the
cast lino of town 1, range 9.
By 31r. Tucker Don't know whether
the parties I have given numbers to ever
saw the lands.
James Sweet, recalled :
I was present in the Senate Chamber
when Mr. Church pave his testimony.
Question Mr. Church stated that in
an interview with you, he a-ked you if
the 5 per cent fund had been deposited,
and you turned to your book and found
an entry there, and then stated that the
money had been deposited. Objected
to, ana objection overruled.
Answer My recollection is that the
hrst interview I had with Mr. Church
was on tha street, and I was going to or
returning lrom dinner, and he asked me
about the $17,000; I said that Brock
kept the books, and cannot state that
Mr. Church came to the bank but think
I saw him afterward and told him that 1
had found an entry of $17,000 ; have no
recollection that he was in the office
wnen l looked at the books; 1 must
have looked at that book ; I had no
knowledge at that time when the money
was paid or siiDDOsed to be denosited :
examined the book there is an entry of
51,490; at a casual glance it looks like
$17,000; I think that is the item that I
saw; it is dated Aug. 10, 1869, it is on
page l .J.
1 wSs very busy and several gentleman
were present ; I was looking for the
amount and took it for the $17,000.
Henry Koenig, sworn:
1 have examined the books of the
Treasury and found no entry of the 5
per cent, tund ; have seen no entry of
any money paid by the United States to
the State; I have seen the mortgages
offered in evidence; somebody brought
them into my office, the day the investi
gating committee made a written inqui
ry concerning the money and the mort
gages given for securities ; I think those
are the same mortgage? ; I did not know
what to do with them, and when the
Governor came in I handed the books to
th Governor ; this was about a quarter
cf an hour after; I knew them in the
office; they were numbered as recorded I
think ; I do not recollect that Governor
Butler asked me to bring up all the
school loan securities ; the mortgages I
think were just as thej' are now when
deposited in my office.
iiy sir. llascall Just now is the first
time I have seen the bonds.
By Mr. Thorn asTi'he mortgages were
given to tho Governor ; I never s.aw the
bonds till to-day.
By Mr. Hascall I have not seen any
red ink endorsements on the mortgages
C. M. Bartlett, sworn :
Am acting Deputy State Treasurer;
these mortgages are a package sent to
or office by Governor Butler ; it was at
the time the Committee of Ways and
Means were making up their reports ;
Mr. Beecher. rf thp ( invpnifir'j nflip
brought them in and. said that Governor
Lutler desired them to be deposited;
when Mr- Koenig came in I handed
h'.a the mortgages and told him by
whoui arid how they were loft; he
looked at them and asked me what v c
had better do with them ; I thought as
we had no account against the Governor
on our books they bad better be returned;
i mm it was .ur- ieecner : l see no
endorsement in red ink on the mortgages
and the bond, on the face, no ent"".- was
made by me ; I have never seen them
since that time; never saw the bonds
By Senator Hascall No bonds ar
now on deposit in the State Treasury;
they were never placed in our olHce.
By Senator Thomas Don't know
where the mortgages have leen since
they were in our office ; understand from
Koenig that he gave them to the Gov
ernor. By Senator Tucker The mortgages
were placed in the State Treasury nd
Mr. Koenig took them out.
By Mr. Redick I wrote a note to
Nelson C. Brock saying, if you have
bonds from Gov. Butler to the State of
Nebraska, send them up to this office;
this was at the rcque t of the Governor
and Mr. Kellogg; this was a few days
ago ; I did not know that Brock had
them; the Governor asked if they were
not in our office and I told him they
were not; he said that Brock must have
thtm, and I wrote an order for them.
II. Koenig, re-called:
By Senator Thomas I handed those
mortgages to the Governor the same day
they were put in the Treasury.
By Mr. Redick Governor Butler told
me ia his offica to go down to Sweet and
get all the State securities; I after
ward went down to Sweet and asked for
them, but did not get them ; Governor
Butler showed rue the mortgages at that
By Mr. Tucker Gov. Butler did not
ask me fcr the mortgages after they had
been deposited: I don't recollect the
conversation with the Governor when I
handed them back.
S. Alexander, sworn:
Examined bonds. I got them out
of James Sweet and Brock's bank ; I
got them day before yesterday, on the
order of Mr. Bartlett, Deputy State
Mr. Redick offered the articles of con
solidation of thj N. N. Air Lino It. 1
and the Sioux City & Pacific It. R.
Received and the case was closed at ten
minutes to 12 o'clock. The counsel for
the respondent offered to the Managers
to submit the case without argument.
The counsel fbr the Managers asked till
2 o'clock to consider tho proposition.
Re .-ess till 2 o'clock.
Mr. Hascall called up the bill re?ula
tinj? 'he uraetice of medicine, Iho
journal of March 1 1th was road to show
4 .iiMi i : c
tne condition oi me 0111. vn muuuii ii
Mr. Hascall the journal was corrected so
as to fehow the adoption of the report.
On motion of Mrderrard the further
consideration of the bill was postponed.
SITTING AS A COURT OF IMPEACHMENT
FOR THE TRIAL OF THE GOVERNOR.
The counsel for the Managers an
nounced that upon consultation the
Managers had decided not to accept the
nronosition ot the counsel ot the re-
tipondeut, and asked that until to-nior-row
be given to get authorities and pre
pare the arguments.
T!ie order of argument was agreed
upon as follows
First Counsel for the Managers.
Second Counsel for the respondent,
Third Argument cf. one MaMer. .
noise oi the hammer an.J
from morning till dark all over tile town
again apnea .
with size reduced to five colur
- lu Vp columns.
"iucrs is lull of v in. nr,,? ,i;m
aters is full of vim. and dislike
.. . ' . uimiku.l in
live in a tftun n-t,. .1 ,.
ma town whiv. :n
port a da, yIarcr. He M ill yet succ,cd
m giving life to the Midland road
and making somcthiug of Nebraska
v iiiv. i nil
js arer CflUl)t
owning up witn the very best
rr i .
vuncns. jnere is no finer localit,
inc lootstool than thn UV.
ana its tributaries. A railroad will soon
traverse that section of Nebraska, and
lands there will quadruple in value. '3
advise parties coming to Nebraska to hi
sure and visit that portion of our garden
State before proceeding elsewhere.
..... . 'vr
you want to 1
we advise you to go to Doom Bros.
I or .Sale vert cheap. A farm of
ICO acres, all fenced and 60 acres in cul
tivation; 8 miles from Plattsmouth, and
5 miles from Rock Bluffs. House and
other improvements.- Enquire of
J'an 23 3m BAB.NE8 & Pollock.
It is a fact that Dooros are nellin"
goods cheaper than any store in I'latts" '
mouth. febiodxwtf '
Home Mills, Soltu Weepinu Wa
ter, Cass Co. Neu This mill is in
thorough repair. Two run of stone will '
grind wheat and corn on toll or exchange
as parties prefer. '
'M. R Si
James B. I'oldex, '
Jan. 5th wtf.
Those who tire in need of clothing,
gents furnishing goods, boots and shoes,
notions, &c, remember that I have not
changed my mind about going to Europe,
and must close out ty tho 1st of May.
My entire stock must be disposed of by
that time. Wm. Stadelmann.
Dressed Stone. Tho undersigned
lias recently opened sonic of the finest
limestone, granite and marble quarries to
be found in the west, on his hinds near
South Bend, and is now prepared to fill
any and all orders for finj dressed Mone
that he may be favored with- Speci
mens may be seen at the uairios or at.
the Hekali office. . -
jan5dtf Da'mel Sweenet:
Go to Carruth's Now PJinforrar.'j
Gallery, comer of Main nnd til'tli tr1...i
for No. 1 Photograuhs. lie makes all
tyles of pictures, and: at prices that
cannot fail to suit customers. All work
warranted satisfactory. M arch 2'.)di. wtf
No Humbugging ! No Cheating!
A. pint bottle of Dr. Safe's Cntnrrl,
Remedy is prepared from one fifty eer.t
package, and the proprietor offers $500
for a case of Catarrh he cannot cure.
Sold by druggists or send sixty cents to
Dr. R. V. Pierce, Buffalo, N. Y., and
receive it by mail. A pamphlet free.
Flower seeds at
Jfc GR KEN WOOD'S
Suecfnr to iM.Ten Kick.
Corner Main anj ixtb Htrort.
l'lattf m-)uth. Nebraska.
'I 'HE lnrm-st iworCriK nt nnl warrontej Fr!i
Pred Frm,'ner FIilklc'.Jii Ps.
fieed in Bulk or in Fafkaef . I wouM cnll
the Mprcial nttrntion f the l a licK to our l.irc
asgortment of ncleot onntinl, biennial nnd per
ennial flower imti1. We hu e also I). M. Kt rry
A Co need. Chicago Soed "o' ffids. Wen
trn t-'eed Co'n seed. Call early in order t
innke good selections, tiennin Keului-ky Jilu
Urahy the pound or bu-bW. inarrli'J .d.twt
'PAKR.V up by the nub.'cribcr five mile wet
A cf I'lattxniouth, one mall bla-k heift-r calf.
in a rn b W w W nj. tM M turn t .
mm :is rnij tf.
Hock Eluffs, Neb.
Spring Term Commences
March- 21st, 1871.
Pnpilg of either sex will receive thorough and
systematic instruction hero, funicular alien-
paid to Primary scholars.
books furnished free of cost to a I
GOOD EOARDINO CAN EE OBTAINED
AT REASONABLE RATES
For terms and particulars nddreM
gl'iwtf J. D. PA TTK" R a'O N .
100,000 FEET !
ThcIuDderEizncd has on band a large qantily vt
WUICH HEOFKIE3 aT tCCXSOVA T(7rRP.. '
on short notice,; aud for any iz or length of
Rafters, Studdings. Joists
mBTJldlmitn abort notice.
Plows! Plows! Plows.
Takes pleasure in announcing to the
public that they' have secured the servi
ces of th'at Pioneer Plow Manufacturer.
E. C. FORGY,
Who is now engaged in their shop manufacturing-
a. belter article, at lower prices, than can be
had from any eastern manufactory. One (treat
advantage gained by patronizing this firm is
that you not only get r better article at home
price:", but you are patronizing lioMH MANL
FACTL'KIv. where every ollur of the money
remains in the State. march 1 Id & wtf.
Tne co-tartncrship heretofore existing be
tween 11. Smith and J. T. A. Hoover, under the -
firm name of Hoover .v hmnh. is this nay dis
solved All account due the firm to be col
lected by J. T. A. Hoover, who will alo pay ai-.
debts of the firm. . ."
Louisville, March iuh. 1871.'. .
J. T. A. HOOVE'..
B'.ap.-h I' ta d I w ::.
Builiding is on the
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