W V THE UrlLLy 1 Tim dnrlccu page In the polltlril history of tin slate of Nobr skA In tlio story of the Infamous recount ileal which was engineered during the leg islative session of ISt7 The iitteniit was made liy a crowd innile up of iilnto ollleluls ami disreputable iiolltlclami to no change the ballots cuHt by the peo ple that two additional Judges of till supremo court could ho counted In Thi details of the plan were arranged at the limine of Silas A llolromh on A Htieel In ho city of Lincoln Tlio purpose wart to placo on the supremo lioiteh William Neville who la now the fusion candidate Tor congress In the Sixth district and 1 S Klrlcat rlrk the relative anil law partner of llnversnr Holcoinh According to sworn evidence Ilia In too well fortllled and corroborated to ho questioned the plan to deliber ately change the ImllolH waa carerully arranged Menihera of the legislature tniiHt liave been taken Into every a erot of the scheme us the most high handed proceedlugH took placo In Urn legislative halla to furtlioi the ends of tho conspirators RECORD IS OlKN The record In thla matter can be In spected by everybody The houae and senate JourtialH or 1807 will allow the date of tho Introduction of the llrat recount bill thoy will bIidw how this wan railroaded through In order that tho conaplrntorn might get at their world they will allow how the seats of tho republican membera from Doug Iiih county were atolen In order to In crease the majority of the party that was behind tho scheme they will ahow how tho court h wore dolled and how tho work of changing the Imllota wim begun In Rlar chamber sessions part of tho time at tho dead of night ami part of the time In daylight but behind locked doors in tho oftleo of a state of ficial When the recount of J ho ballots wni first publicly proposed a delegation composed of C M Lnmbortson ieorgo W Post and others called upon tho Kovornor and urged that the ballots bo publicly counted and that none but tho most reputable citizens of the state bo selected to do the work They pledged tho moral support of all good cltlzons In case tho business was thus transacted Rut Sllns A Holcomb paid no at tention to their suggestions lie had other plans and the proof Is now plain that tho men who were to perform tho work wero selected long before the recount law was passed HAD CHARACTER OK THIS MEN It la well that the attention of the people be again called to the class of men selected for this work by Silas A Holcomb One was a man who had u case ho wanted reversed by the su premo court and who had openly threatened to kill one of tho judges If tho right kind of a decision was not rendered One was a roustabout who had a sou serving time in the state penitentiary One was a political mountebank who was later kicked out of the service of the exposition com mission because of ipiestionahle deal ings All of the men were men who placed political success before honesty and who as future events proved were promised good places or substantial re wards at the expense of tho state treas ury It was a force of men well equip ped to perform secretly by night and by day The men in the legislature who were assisting In the deal did their part well They stole seats to gain the necessary majority and they passed a recount hill which contained no penalty fur fraudulent counting All this is down In black and white in tlio public rec ords and Is an open page In the minds of tlio people of Nebraska When the public Indignation became so strong that the conspirators wore compelled to do the balance of the work in the light of day the plan to count in tho judges failed and an at tempt was made to destroy the proof of the fraud The secretary of stale the Ink upon whose certificate and oath of ollleo wns hardly dry made way with the original tally sheets and has never since dared to make them public All this was done to protect Silas A Holcoinh and his law partner and bin political partner and the chairman of Ills state committee Of the men who participated in th recount fraud all received future re wards except one and he turned states evidence on the others Ho first con fessed to his attorney who was a man high up in tho counsels of the populist party and then to a populist news paper man who gave the story to tho public Chairman Edinisten of the stato committee at once confessed his own guilt by making an attempt to kidnap the informer and hustle him out of the country before he could tes tify to a gra ml jury THE 1NK0RMER CORROBORATED The man Simons who gave away the story was not a reputable man and j he was known to be absolutely without i character when Holcomb appointed him to handle the peoples ballots In 1 der ordinary circumstances his testi mony would be viewed with much sus picion Rut ho has told a straight story both to tlio newspapers and on tho witness stand and step by step Ills story has been corroborated by oth ers until it must be accepted as the truth Every opportunity has been given for tho conspirators to deny or refute tho story and nono of them hn had the hardihood to appear Last July when tho legislative inves tigating committee was in session E L Simons and Silas A Holcomb were both called as witnesses to testify as to the counting of tho ballots Holcomb denied the authority of tho committee i A Plan Concocted by Silas A Holcomb and His Political Lieutenants to Steal Two Seats on the Supreme Bench and hurriedly look the train for llroken How Minions appeared and re told under oath the story which bail already been inailo public The appearance of the ballots and the evi dence of a dozen witnesses from Un coil and from i oik corrohoiated the testimony of the Informer and not a one of IIdIcouiIih cohorts dared to come forward to deny the story The IcFtluiouy of the man Simons lit which bo gave tho details of tho fraud and told of llolcomha connection with it Is given In part below and will bear tho close reading of thoughtful people SIMONS TESTIMONY IM ward L Slinor being duly sworn testified as follows liy Mr Pound Mr Simons stato your residence and occupation A -I live In Lincoln Lancaster coun ty and a brick layer by occupation J I low long have you lived there A- Fifteen yeiis Vou lived here the winter of ISU7 when the legislature was In session V A Yes sir J Were you employed In any ca pacity by either of the recount com mission about the uallots Wist for the constitutional amendment in the elec tion of ISMi A I was employed as a guard to watch the ballots In the vault of the secretary of slates ollleo at tho time Hint the legislature took the ballots trom the recount commission You were guard also in tho sec ond recount A I was guard over tho ballots during the Intermediate time of the two sessions J Prior to the time tho second committee was appointed did yon have anything to do with the ballots or any of them A Not In the olllclal capacity Did you In any other J I did Did you have any special Inter est In tlio matter of the result of that recount t A--1 did 0- -State what that Was A- I had bad n law suit with a party for Kit acres of land and the rent of It for ll years 200 acres of laud and the rent of It for Lt years IJ Where was that suit pending at that time A At this time It bad been settled by compromise but I was tlguiing on having the heirs Interest taken to the supreme court Q Did you think- that gave yon any Interest in the result of this recount A I think It did or would have In what way A l thought If l would steal the Judges In they would help the hoy oiu ARRANGED KOU A STEAL Did you approach any one in aulhorily or ollleo with reforoneo to this particularly about the time these ballots were to be recounted A I spoke with the parties manipu lating the recount Who did you speak to A Mr lMinisten lj 5lve his Initials A James II lMinisten he was stato oil Inspector and chairman of the Stato Central Committee When did you speak about this A Itefore the legislature convened J What did you tell him A 1 told him how 1 was situated and 1 wanted to help steal those judges in Q How many times did you speak to him about that A After the legislature convened I was there every day Did he have an ollleo In the cap ltol building A Yes air IJ Statu where it wa ssltuatod A It was situated where Ciouorul Parrys of lice Is now CJ lu pursuance with your talk with him was there anything done and if so what was it and when A There was a bill passed by the legislature for a recount commission and the commission was appointed by the governor and when tuey was ap pointed that organized tno noU day and Hie next night we J Who wero we A -That Is Edinisten Rlako myself and several other parties Q That was the night after commission was appointed ami and the O I- ganlzed A Night after the organization Q Where did you meet A In Ednilstens private office 0 Who procured you to meet there A We knew where to go Q Wlio told you where to go A It was mutually understood among all of us Q What preparation did you make I there EDMISTEN SWIPES THE BALLOTS A Why we had a talk and Edinis ten went into tho secretary of states oflico and got the first bunch of ballots Q The secretary of states ollleo is on the same floor A Yes sir he occupied tho corner opposite Edniistens Where wero these ballots at that time A in tho secretary of states ollleo Q In what manner A They were lu packages as re ceived by the secretary 0 Was thero a guard over them A Yes sir Q Who was it A Kelsey Q Whon Edmisten got tho ballots what did he do with them A Opened the envelopes nud got them out Q What was done with them In tho room A We took them In tho vault and opancd the envelopes and marked up all the blanks excepting three or four lll rnrli precinct and chntigntl those that were oppojcl to the amendment Q State who was doing the mark ing A Ulake IMnilstcn myself and nu mber parly J What preparations for secrecy ir any were made What did yon do in the way of preventing Intrusion A -Why we had the outside door that hails from the hallway shut up and the door that lends between the private ollleo and the big room closed and we had the vault door pretty near shut and we put paper over the In windows so you couldnt see any light In I here Was there a light In the outer rooms Was the gas lighted A -No sir 0 -Where did you get I he material you used the Ink and so forth A -We used Eilinlstens Ink after that I here was about four bottles got of black Ink t -After the ballols wero marked as you described what was dono vuh them A - Wrapped up and packed to the secretarys olllce J Would you go back and for wards several limes during the evening or only once A- As soon as we got one hunch llulshed we would go and gel some more J Describe how the ballots were marked A The blanks were marked for the auiemlineiit and those voted against amendment we would put a crura for the amendment ut the top ami one below - -That would leave a mark for the amendment and still another for the Supreme Judge creating the Impression hat the voter had voted for those two and against the others A No the commission had vessed a resoletlon to give the benefit of all tho doubtful votes for tho amendment and wo would iiiake two crosses for the one as against the other J So the object wiis to change them so as to create the Impression in fa vor of tho amendment A Yes sir J How long were you engaged in this work A Wo worked until about niid nlLht J You say tho commission passed a resolution to give the benefit of the doubt In favor of the amendment how do yon know Wero you present A I wasnt present 1 was Informed by the commission Q Ry the commission themselves A Yes sir What number informed you A Rlake Ho was one of tho gentlemen present altering the bailout A Yes sir Q Jeorge W Rlake A Yes sir KIUST NIC 1 ITS WORK Q Did you have any counties marked the first night A The tlrst two counties wero Rhino and Runner lMinisten carried one and I carried the other Q When the ballots were marked how wero they returned A They were put back in the en velope and the package wrapped up and taken back to the secrearys olllce J Restored to their former ap pearance as near as possible A Yes sir Q In taking the ballots to and from the secretarys olllce describe the manner in which you did it A The first two nights I had a large overcoat that 1 threw over my shoulders and I had the package un der that Q Did you go through the main hall A Yes sir J Was there any secret way in the way of knocking so the guard would know who it was A Yes sir we had a private rap J Describe what that was A Three single raps J When you gave that rap he op ened the door A Yes sir Q Did you make any change after the tlrst night A Yes sir 1 Describe that - - A We were getting along to the big packages 1 couldnt carry ISem under my coat any more and it was dangerous to go through the hall with them and we found a way from the hall in the basement Into the base ment room under Edniistens otliee which had a place leading to the up stairs Ily opening a trap door we could get through into the private olllce J Did you carry tlioin through tho basement after the llrst night A--Yes sir AKRAID OK 0ETT1NC CAUCHT Q Describe to the committee the reasons that led you to do that Was It in fear of any Interruption A Well thero was A person was liable to be caught with tho package in Ills possesshi Q Was there any sign of Inter ruptions A The second night we were there Mr Norval was In the hall Q Judge Norval of the Supremo court A Yes sir he was looking around nud we wero afraid of being caught His wife was down thero to a meet ing of tlio ladles of some institution and lie was waiting for her and walking up and down the hall and didnt know but somebody was watch ing us Q How many nights in all were you engaged In this matter you de scribed A Konr nights 0 Tell about tlio date of this A The llrst night of tlio day nflcr the commission was organized It was tho four nights following that Q I wish you wild tell the man ner in which the ballots were kept in the secretarys olllce Were they in a vault A No sir they were in the big room Q Piled up wero they A Yes sir on tho east side of the room leading to thti main hall from the secretarys otliee Was that one of the rooms used by tho secretary of stato in his or dinary business A Yes sir Well It wasnt used at the tlmo of the recount nt all There wasnt anybody else in there excepting the recount commission Whon the legislature meets they gen erally use that for an Invcstignung room or to give audience for tho com mittees to work In the same parties present each of the four nights that you have mentioned A- Yes they were all there J Do you know who occupied the loom where those ballots wero kept Isnt It a fact that Mr Starrlt of the secretary of states olllcu occupied that room A No I wouldnt bo positive Ho might have had a desk there to work an hour a day or so Ilo was not In thero In tho day time A No sir he had an ollleo at tin other place tlTho room that I was speaking of You may state whether or not the same persons wero present on all of these occasions A Yes sir IJ Take Mr lMinisten for Instance Was ho present tho whole length of time A No he used to go and open tho door and start the work ami when wo started he would leave I -How long would he stay there A About an hour or so J Did hu take part In tho mark ing A Yes sir 0 Did you have anything to do with the ballot boxes in any other precinct A Tho first night we opened the poll books to see how many votes were cast and wo found out It didnt do any good anil we didnt have tho ballots to mark up and we didnt open the poll books any more J Just describe what kind of mark you would make and how A--Well if the ballot was blank entirely wo would just mark op posite tho amendment J Was there any effort made In Die marking of the ballots to make them appear differently as though marked by different hands A What I marked 1 changed tho form of the mark and the other fel lows as much as 1 took notice of Just went right ahead and had tlio samu cross all the way through J How long on the average would you ho engaged in tills on tlio four nights you have mentioned K1XHD YORK COUNTY A Tho llrst three nights One night wo worked until 2 oclock Tho last night when wo fixed up tlio York county ballots wo worked until half past 1 oclock and then two of us I got York county and two of us stayed until morning Can you nanie any of the aoun tles the ballots of which were mark ed lu this manner A Yes sir Q Name some of them A Blaine Banner Chase Dodge Brown Keya Paha Dawson tiosper Keith Wayne Rox Butte McPhorson Scotts Bluff Cherry J How about Harlan county A Harlan county J How about Dundy county A Yes sir Q And Sioux A Yos sir 0 And York county A York county was the last Q And Dodge county A That was fixed afterwards J You did fix Dodge county A The way we fixed that we laid one precinct on another and counted them Q Explain that again please A After the legislative committee took the ballots I got on lirst as one of the clerks and it was my place to open the packages of ballots and the envelopes and then 1 would give the counters the ballots and they would hand them back to me and l would lake half of those and lay them on the next precinct and send them back sis milch as 1 thought the package would stand Q In other words you would count them over several times A Yes sir Q That was done during tlio ses sion of the recount committee A And Hie legislative committee yes Q The committee was all present A They didnt know anything of it CJ Who did know of it besides you A The man we was counting for Q Who was he ORERKELTER A BALLOT KIXER A I think it was Oborfelter Q He was a member of the com mittee A He wns a member of tho gov ernors commission and after the leg islature started the count the com mission was all employed as clerks helping to count them except lllllll - Do you recognize any of thosj exhibits lying before you on tho table A Yes bir Q If you were to look at any of those could you identify them as th ballots you nad marked A This pukago of ballots were blanks that hud not been used at th polls and we got them down there and we just marked them for the amend ment and we put them in Q Can you explain how they como to bo separate in tills matter A They were put In different wards J In other words you distributed those iiueast ballots A Yes sir They were distributed and rejected l y the recount people Q Was there anything dono by way of trying to affect tho signature of the judges on any of those ballots A Thero was In one precinct J What precinct A At tho precinct in which McCooi Junction Is in Q Could you identify any of those if you could fee them A Yes sir Q At tho time that you opened the envelopes containing tho ballots on this amendment in the several pre cincts in York county or they weie opened by you and others were there any uncast ballots in any of the pack ages A In the large packago there was a big roll of unused ballots Q Not signed by any particular pet son A They wero signed by nobody they wero blink Q What was dono with those A Wo marked them up with crosses and scattered thorn lu Q Was tho nnmes of tho Judges purported to bo signed or written on any of them A They wns In one or two idaccs BALLOTS 1DENTIK1ED Tho cnvalopo marked Exhibit 11 was opened by the committee and tin Imllota marked with tho initial lelti K at tlio top and are counted by tho committee and found to contain 202 ballots J Handing you a bunch of ballots taken from tho envelope containing tho ballots cast for tho constitutional amendment of McKadilen township I will ask you If you can Identify any of tlio ballots alteted by you or those with you and will ask you If yon ran Iden tify any of the ballols and tho names of tho Judges written liy you on them or any of those with yon A I identify some of tho ballots as ballots charged by myself and the other man that was with me I also Identify some of tlio ballots there that never went through the ballot box J Handing yon this ballot exhibit 37 1 will ask you to point out nny al terations you discover on them A That ballot was voted no at the top of tho page that was not for all the anieiulinents and it was change 1 by putting one yes at the head and ono cross opposite the head for the Judges and one cross opposite tlio yes down below for another amendment J Was that your usual method A That Is the method that was ntloptod for tho ballot that hail a no voted in at tho head of tho ticket J What was your procecditro In case tho ballot was blank A In case tho ballot was blank the cross was put opposlto the upper yes Q Suppose you found n ballot with tlio no opposite the proposition for tin supremo judges what did you do then A Wo would put a cross opposite tlio yes and a cross opposite tho upper yes that Is voting two yeses for tho amendment J Then how would you count lt A Tho commission gavo th j amendment the benefit of tho doubt J Tho two yeses overcame the one no A Yes sir Q And you wero there to create a reasonable doubt for the committee A Yes sir Q In case of a ballot in which thero was a io cross opposite each of tlio proposed amendments what was your procedure In such a case A Make a yes opposlto the amend ment and a yes at tho end of it Q Handing you exhibit 38 I will ask you whether you recognize that us an altered ballot A Yes sir it is Q This ballot identified ns exhibit 38 shows n cross after the word no after each of tho amendments at the top It also shows a cross after the yes and it shows a cross after the yes oa the amendment Increasing the number of Judges how would a ballot of that kind be conn led A Kor tli9 amendment Q And waa that the rule you fol lowed right along A Yes sir wo counted the yes for tho amendment for the judges and the no for all the balance Q Do you remember how many ballots wero changed or altered in any wey A No sir I do not we just altered them iis wo got to them we kept no track of that we had not time for that J Can you make an estimate A Why there was in tho 21 coun ties I think there wore something like seven thousand Harlan county had something over a thousand I Do you remember how mnny York county had A Twelve hundred Q Mr Simons when was it that Mr lMinisten first spoke to you -In re lation to those ballots A Why when Edmisten spoke to mo it was about the beginning of tlio session others spoke to mo prior to that J Who had spoken to you before that A Somo of the rest that was help ing count Q What was said THE SCHEME OlTLIXKD A They said they wore going to have a recount of the judges and they would find enough ballots to show that they were elected Q When did you fiist talk with Ed misten A That was prior to the beginning of the legislative Eesslon Q Ho told you did ho that you would be one of the parties to help da it A Yes sir J And engaged you to that is told you what wns to be done A No sir lie didnt say we wore to do any marking only wo would steal tlio judges hi Q Where were you when this con versation took place A In his oflico Q Did you talk over your affairs o operations A Not until tho commission was appointed Q What was said when you started if anything Oivo the conversation that was had as to what should be done A I dont know only to mark them that is all Q Did Edmisten mark any A Yes sir Q -Ho set tlio example for you did he show you what he wanted done A Yes sir Ho started off showing where to change the ballots and whero to mark no and to jark tho yes and that would count I learned tho next day they had passed n resolution by tho commission to glvo tho benefit of tho doubtful ballots to tho amend ment two yeses and one no was counted for the amendment so that was tho way it was carried on nil tho way through Q What compensation or rewarl wero you to receive A I wasnt to receive any except the consideration of my caso before the courts Q That wns tho understanding was it your caso should be decided in your favor A Yes sir among the parties inter ested in the ballols Q Who gavo you tho assurauco that would bo done A Edmisten and Rlake q Vas Rlako n member of tho leg islature A No sir ono of tho commission q what connection If any did ho have with tho democratic or populist parly VHp was treasurer of the btato Central committee And Edinisten wns chairman A Yes sir J How dirt you know you could help yourself by helping them count the ballots who told yoti or whero did you get your Information from If any body tod you A Blake and Eilnilston know t had a case ready for tlio supremo com t and if we would steal those two Judges in 1 had two of them favorable to me HE WAS A REKORMER 0 At that time what partUular party did you atllllato with A I alllllated with the populists 0 Now with reference to thosu bal lots before from those precincts In York county icKadden precinct havo you examined all those ballots to dmy A Mostly 0 Did you find nny ballots thoro that are ballots that were marked ky yourself or anyone else for this recount commission A Yes sir J While you were in tlio vault fho llrst night you wero changing tlio bill lots who did tlio marking llrst A Edinisten got tho llrst county and look lt in nnd when 1 came lu with tho second county they wero marking Edmisten and Blake and an other party Edmisten got tke tlrst package of ballots from the secretarys room J Where did ho get It A Out of tlio secretarys room J How did you get in tho Beero tarys room A There was a guurd there lot tia In Q About what time was that A Eight oclock Did you see anything when ho camo In A It was under his coat Q How do you know If you couldnt see It A I did seo it Q -Who told you to go to the sec retarys olllce A Edmisten Q What for A To get the ballots Q And what did he say if anything about what ho wanted with the bal lots A Wo understood what we wanted Q You learned that in a prlvato conversation A Yes sir Q How did you understand they were to mark two yesses to overcome a no A They were doing it and Edmis ten salt tho commission would count those for the amendment Q Did he say that was tho way to mark them A Yes sir Q Did you commence marking on the package you took in A I started to mark on tno packago thoy had there J And continued to mark until they got through that package A Yes sir Q How many were marking alto gether A Seven Q How long did you continue at it that night A Until half past eleven or twelve Q How did you get the ballots out of the package A Untied the string and broke tho seal open Q What did you do with the bal lots after you got through A Wrapped them up in a packago again Q And put a seal on them A Yes sir Q Couldnt anyone tell the seal had been opened A HANDY MAN A Yes sir but the man that opened them in the morning was helping ns them at night Q That man was whom A Blake Q Did you see tho commission at work in tlio morning A Yes sir I saw them there J Who was opening tho packages A Rlake Q After thoy told you that this marking ballots had to bo stopped did Mr Rlako or Edmisten ever talk with you about what had been dono Did either of thom ever talk with you about it Ever say anything to you about secrecy A Well at tho last election Q No right nt this tnno after you stopped marking ballots A No they didnt say autlilng then 0 Did you know It was a erlmo nnd there was a penalty attached to it A I know there was a Inw to that effect but I knew it wns no good 0 How did you know it was no good A We all knew it up there Q How did you find It out you aro not a lawyer A I am no lawyer but I knew tho way they passed tho bill it wasnt any good Did you get nny information from any source A Only what wo talked over there Q Did you have any assuranco from anybody that thoy would stand by you If you would take the chances A Nothing only that 1 wouldnt ho Imprisoned long 0 Who told you that A lMinisten THE 10VEHN0R WOULD FIX THINCS Q What mil he tell you ho would do if you were tried and convicted A He said if they should catch 113 and send us up as long as we hnd tho governor with us wo wouldnt stay in prison long Q Tho governor would pardon you A Yes sir Are you positive Edinisten told yon that A Yes sir Q Did Rlako tell you that ArVVe WPro n11 tl10 roo whlld the talk was going on Q Did you have any communica tion with tho secretary of state ANot until after it was all over Hilt ts