1 THE A Plan Concocted by Silas A Holcomb and His Political Lieutenants to Steal Two Seats on the Supreme Bench Tho darkest page In tlio political history of the stato of NebrrskA Is tlio story of the infamous recount deal which was engineered during the leg islative session of 1897 The attempt was made by u crowd mndo up f state ofllelals and disreputable politicians to uo change tho ballots cast by the peo ple that two additional Judges of thb supreme court could bo counted In The details of the plan were arranged at the house of Silas A Holcomb on A street in the city of Lincoln The purpose was to place on the supremo bench William Neville who Is now the fusion candidate lor congress In the Sixth district and 1 S Klrkrnt rlek the relative and law partner of Governor Ilolcnmb According to sworn evidence thn is too well fortified and corroborated to be questioned the plan to deliber ately change the ballots was carefully arranged Members of the legislature must have been taken Into every se cret of the scheme as the most high handed proceedings took place in the legislative halls to further the ends of tho conspirators IlECOHD IS OPEN Tlio record in this matter can bo in spected by everybody The house and senate Journals of 1897 will show the date of the introduction of the first recount bill they will show how tills was railroaded through in order that the conspirators might get at their work they will show how the seats of tho republican members from Doug las county were stolen in order to in crease the majority of the party that was behind the scheme they will show how the courts were defied and how tho work of changing the ballots was begun in star chamber sessions part of tho time at tho dead of night and part of the time in daylight but behind locked doors in the office of a state of ficial When the recount of the ballots vm first publicly proposed a delegation composed of G M Lambertson George W Post and others called upon tho governor and urged that tho ballots bo publicly counted and that none but tho most reputable citizens of the state be selected to do tho work They pledged tho moral support of all good citizens in case tho business was thus transacted But Silas A Holcomb paid no at tention to their suggestions He had other plans and the proof is now plain that tho men who were to perform the work were selected long before the recount law was passed BAD CHARACTER OF THE MEN It is well that tho attention of the people be again called to the class of men selected for this work by Silas A Holcomb One wus a man who had n easo ha wanted reversed by the su preme court and who had openly threatened to kill one of tho judges if the right kind of a decision was not rendered One was a roustabout who had a son serving time in the stato penitentiary One was a political mountebank who was later kicked out of the service of tho exposition com mission because of questionable deal ings All of tlie men were men who placed political success before honesty and who as future events proved were promised good places or substantial re wards at tho expense of the stato treas ury It was a force of men well equip ped to perform secretly by night and by day Tho 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 bill which contained no penalty for fraudulent counting All this is down in black and white in the public rec ords and is an open page in the minds of the people of Nebraska When tho public indignation became so strong that tho conspirators were compelled to do tho balance of the work in the light of day tlio plan to count in tho judges failed and an at tempt was made to destroy the proof of the fraud The secretary of state tho ink upon whose certificate and oath of ofilco was hardly dry made way with the original tally sheets and has never since daird to mako them public All this wus done to protect Silas A Holcomb and his law partner and his political partner and tho chairman of his stato committee Of tho men who participated in tho recount fraud all received future re wards except one and ho turned states ovldenco on tho others He first con fessed to his attorney who was a man high up in the counsels of tho populist party nnd then to a populist news paper man who gave the story to tho public Chairman Edmlsten of the stato committee at onco confessed his own guilt by making an attempt t kidnap tho informer and hustlo him out of the country before ho could tes tify to a grand jury THE INFORMER CORROBORATED The man Simons who gave away the story was not a reputable nmn and ho was known to bo absolutely without character when Holcomb appointed him to handle the peoples ballots Un der ordinary circumstances his testi mony would be viewed with much sus picion But ho lias told a straight story both to tho newspapers and on tho witness stand and step by step his story has been corroborated by oth ers until it must be accepted as the truth Every opportunity lias been given for the conspirators to deny or refute the story and none of them hnvj had the hardihood to appear Last July when the legislative inves tigating committee was in session E I Simons and Silas A Holcomb were both called as witnesses to testify as to the counting of the ballots Holcomb denied the authority of tho committee and hurriedly took the train for Broken Bow Simons appeared anil re told under oath the story which had already been made public The appearance of the ballots and tho evi dence of a dozen witnesses from Lin coln and from lork corroborated the testimony of the Informer and not a one of llolconibs cohorts dared to come forward to deny the story Tho testimony of the man Simons In which be gave the details of the fraud and told of llolcombs connection with it is given in part below and will bear tho close reading of thoughtful people SIMONS TKSTLMONV Edward L Simon being duly sworn testified as follows By Mr Pound 2 Mr Simons stato your residence and occupation A 1 live in Lincoln Lancaster coun ty and a brick layer by occupation J How long have you lived there A Fifteen yesrs Q You lived hero the winter of ISU7 when the legislature was in session A Yes sir Were you employed in any ca pacity by either of the recount com mission about the uallots cast for the constitutional amendment in the elec tion of lSihi A 1 was employed as a guard to watch the ballots in the vault of the secretary of states ofilco at the time that the legislature took the ballots from the recount commission You were guard also in the sec ond recount A I was guard over tho ballots during the intermediate time of the two sessions Q Prior to the time the second committee was appointed did you havo anything to do with the ballots or any of them A Not in the official capacity Q Did you in any oilier Q 1 did J Did yon have any special Inter est In tlio matter of tho result of that recount t A I did Q State what that was A I had had a law suit with a party for li0 acres of land and the rent of it for 13 years 1200 acres of land and the rent of it for 111 years Q Where was that suit pending at that time A At this time it had been settled by compromise but I was figuring on having the heirs interest taken to the supreme court Q Did you think that gave you any Interest in the result of this recount A I think It did or would have J In what way A I thought if I would steal the judges in they would help the boy out ARRANGED FOR A STEAL Q Did you approach any one in authority or office with reference to this particularly about the lime these ballots were to be recounted A I spoke with tho parties manipu lating the recount Q Who did you speak to A Mr Edmisten Q Give his initials A James II Edmlsten he was stato oil inspector and chairman of the State Central Committee Q When did you speak about this A Before the legislature convened Q What did you tell him A I told him how I 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 Q Did ho have an office in the eap Itol building A Yes air J Stato where it wa ssituuted A It was situated where General Barrys office Is now Q In pursuance with your talk with him was there anything done and if so what was it and when A These was a bill passed by the legislature for a recount commission and tho commission was anpolntod by the governor and when tney was ap pointed that organized tno net day and the next night we Who were we A That is Edmisten Blake and myself and several other parties Q That was tho night after the commission was appointed and or ganized A Night after the organization Q Where did you meet A In Ednilstens private office Who procured you to meet there A We knew where to go Q Who told you wliero to go A It was mutually understood nmong all of us Q What preparation did you make there EDMISTEN SWIPES THE BALLOTS A Why we had a talk and Edmis ten went into the secretary of states ofilco and got tho first bunch of ballots Q The secretary of states office is on the same floor I A Yes sir he occupied tho corner opposite Edmistens J Where were these ballots at that time A In tho secretary of statos office Q in what manner A They were in packages as re ceived by the secretary Q Was there a guard over them A Yes sir Q Who was it A Kelsey Q When Edmisten got the ballot what did he do with them A Opened the envelopes and got them out Q What was done with them In tho room A Wo took them in tlio vault anil opsned tho envelopes and marked up all the blanks excepting three or four in each procliit t and changed those that 1 were oppiuel to the amendment i Q State who was doing the mark- Ing A Blake Edmlsten myself and an other party I- What preparations for secrecy If any were made What did you do In the way of preventing Intrusion A Why we had the outside door that bails from the hallway shut up and the door that leads between the private ollhe and the big room closed and we had the vault door pretty near shut and we put paper over the In wlndows so you couldnt see any light in I here Was there n light in the outer rooms Was the gas lighted A--No sir Where did you get the material you used the Ink ami so forth A -We used Ednilstens Ink after that there was annul four bottles got of black Ink t -After the ballots were marked as you described what was dune Wnh them A -Wrapped up and packed to the secretarys olllce J Would you go back and for wards several times during the evening or only once A- As soon as we got one bunch finished we would go ami get some more Q Describe how Hie ballots were marked A The blanks were marked for the amendment and those voted against amendment we would put a croj s for the amendment at the lop and one below I That would leave a mark for the amendment and still another for the Supreme ludge creating the impression that the voter had voted for those two and against the others A No the commission had rosed a resolution to give the benefit of all the doubtful votes for the amendment and we would make two crosses for the oik as against the other J So he object was 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 wink A Wo worked until about mid niLht J You say the commission passed a resolution to give the benefit of the doubt in favor of the amendment how do you know Were you present A I wasnt present 1 was Informed by tho commission Q By the commission themselves A Yes sir Q What number Informed you A Blake 2 He was one of tho gentlemen present altering tho ballots A Yes sir Q George W Blake A Yes sir FIRST NIGHTS WORK Q Did you have any counties marked the first night A The first two counties were Blanc and Banner Edmisten carried one and I carried the other 0 When the ballots were marked how were they returned A They were put back in tho en velope and the package wrapped up and taken back to the seeronrys office J Restored to their former ap pearance as near as possible A Yes sir Q In talcing the from the secretarys the manner in which A The first two large overcoat that I shoulders and dor that Q Did you hall A Yes sir 0 Was there any secret way In the way of knocking so the guard would know who it was A Yes sir we had a J Describe what that ballots lo and office describe you did it nights 1 had a threw over my I bad the package lin go through tho main private rap 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 first night A Yes sir Q Describe that - - A We were getting along lo the big packages I couldnt carry Clem under my coat any more and it was dangerous to go through the hall with them and we found a way from tho hall in the basement into the base ment room under Ednilstens ofilco which had a place leading to the up stairs By opening a trap door we could get through into the private Office J Did you eerry them through the basement after the first night A Yes sir AFRAID OF GETTING CATGUT Q Describe to the committee Hi reasons that led you to do that Was it In fear of any Interruption A Well there was A person was liable to be caught with the package in his possessiii Q Was there any sign of Inter ruptions A Tho second night we were there Mr Norvnl was in the hall Q ludge Norvnl of the Supremo court A Yes sir he was looking around and we were afraid of being caught His wife was down there to a meet ing of the ladies of somo institution and ho was waiting for her and walking up and down tho 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 Four nights Q Toll about tho date of this A The first night of tho day after tho commission was organized It was the four nights following that Q I wish you wtihl tell the man ner in which the ballots were kept In the secretarys office 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 the main hall from tho secretarys office Q Was that ono of tho rooms used by tlio secretary of stato in Ills or dinary business A Yes sir Well It wasnt used at tho time of the recount at all There wasnt anybody else in there excepting the recount commission When the legl daluro meets hey gen erally use that for an Investigating room or to give audience for the coin mil lees lo work In 11 Were the same parties present each of the four nights that you have mentioned A- Vim they were nil bote I- Do joii know who occupied the loom where those ballots weto kept Isnt It a fact that Mr Starrlt of the secretary of states ofilco occupied that room A--No I wouldnt bo positive I lo might have hud u desk there to work an hour a day or so l lle was not In thorn In tho day lime A No sir ho bad an olllco at an other place 1 -The room thai I was speaking of You may slate whether or not the saiuii persons wero present on all of these occasions A Yes sir 0 Take Mr Edmlslen for Instance Was he present he whole length of lime A No lie used to go and open Ihu door and atari the work and when we started he would leave tl -How long would he stay there A- About mi hour or so he lake part In the mark ing A Yes tl Did with the precinct sir you hiio anything liallul boxes In nay to do other A The first night we opened Ihe poll books to see how many voles were cist and we found oul It didnt do any good mid we didnt have the ballots to murk up and we didnt open the poll books any more 11- Inst describe what kind of mark you would make and how A- Well If the ballot was blank entirely we would Just mark op posite the amendment tl Was there any effort made In the marking of the ballots to make them appear differently us though marked by different haiuis A What I marked 1 changed the form of the mark and the other fel lows us much as I took notice of Just went right ahead and had the same cross all the way through lung on Ihe average would you be engaged In this on the four nights you have mentioned FIXED YORK COTNTY A The first three nights One night we worked until 2 oclock The last night when we fixed up the York county ballots we worked until half past 1 oclock and then two of us 1 got York county and two of us stayed until morning Can you name any of the coun ties the ballots of which were mark ed In this manner A Yes sir 1 Name some of A Blaine Banner Brown Keya Paha them Chase Dodge Dawson iotspcr Keith Wayne Box Butte Mclherson Scotts Bluff Cherry tl How about Harlan county A Harlan county 1 How about Dundy county A Yes sir 0 And Sioux A Yes sir 1 And York county A York county was the last Q And Dodge county A That was fixed afterwards 2 You did fix Dodge county A The way we fixed that we laid one precinct on another and counlid them Q Explain Hint again please A After the legislative committro took the ballots I got on first as one of the clerks and il was my place to open the packages of ballots and the envelopes ami then I would give the counters the ballots and they would band them back to me ami I would take half of those and lay them on ihe next product and send them bark as nilich as 1 thought the package would stand 0 In other words you would count them over several limes A Yes sir 2 That was done during Hie ses sion of the recount commitiee A And the ligislathu committee yes 2 Tho committee was all present A They didnt know anything of it 1 Who did know of it bosfues von A Tho man 12 who was OBEKFI5LTER A I think 2 He was we was counting for he A BALLOT FIXER it was Oberfelter a member of the com- mitlee A He wns a member of the gov ernors comml sioh and after Ihe leg islature started the count the com mission was all employed as clerks helping to count them except ileil luud J Do you recognize any of those exhibits lying before you on the table A Yes sir 2 if you wore to look at any of those could joii Identity them as the ballots you nud marked A This pukngo of ballots were blenlis that bud not been used at the polls and we got them down there and we just marked them for the amend ment and we put them in 2 Can you explain how they come to bo separate in this matter A They wero put in different wards 2 In other words you distributed those uncabt ballots A Yes sir They were distributed and rejected ly the recount people Q Was there anything done by way of trying to affect tho signature of the judges on any of those ballots A There was In ono precinct J What precinct A At the precinct in which McCool Junction is In 0 Could you identify any of those if you could too them A Ye3 sir At tlio tim that you opened the envelopes containing tlio ballots on tliis amendment In tho several pre cincts in York county or they woio opened by yoi and others weto there any unenst ballots in any of the pack ages A In tho la go package there was a big roll of unused ballots Q Not signed by any particular poison A They wero signed by nobody they wero blank Q What wns done with thoso A Wo marked them up with crosses and scattered them In Q Was tho tinmen of tho Judgei purported to he signed or written on any of them A- They was In ono or wo places HALLO IDENTIFIED Tlio envelope marked Exhibit II wan opened by Ihe committee and In hullnta marked with the lull 1 1 1 lelti I1 at Ihu lop nnd are counted by the committee and found to contain ill ballots 1 I lending you a bunch of Imllold taken from the envelope coulalulii the ballols cnsl for the constitution amendment of McPaihlcu township I will ask oit If you can Identify any of tho ballots alleteil by you or those wit 1 1 you and will link you If joii can Iden tify any of the bullolti and the muiict of the Judges written by you on them or any eif those with you A I Identify some of Hie ballots iii balloln charged by myself and Hi other man that wait with me I also Identify iionm of the ballols there Hint never went through the ballot box 1 I landing you this ballot exhibit 17 I will ask you lo point out any al terations you discover on Ihem A- That ballot was voted no at the lop of Ihe page that wan not fur all Ihe nmcmltiicula and II was change I by putting one mm al llio bend and one cross opposite the bead for Ihe judges ami one cross npiionlle Ihe yet down below fur anolher amendment 1 Wan that your usual method A That Is lie method thai wan adopted for the ballol thai hud a no voted in at Ihe head of the ticket tl What wan your proceeiluio 111 case the bulbil was blenk A dp case the ballol wan blank the cross was pill opposite the upper yes 12 Suppose you found a ballol with be no opposite the proposition for III supremo judges what did you do then A- We would put a cross opposite the yes and a cross opposite the upper yen that Is ollng two yeses for Ihe nmcnilineiit J Then how would you count It A Tho omuilsslou gave the amendment the benefit of be doubt I Tho two yeses overcami the one no A- Yes sir 11- And you were there to create a reasonable doubt for Hie committee A Yen sir tl In case of a ballot In which there was a mo cross opposite each of the proposed amendments what was your procedure In such a case A Make a yes opposite Ihe amend ment and a yes at the end of it 11 -Handing you exhibit IIS I will ask you whether you recognize that as an altered ballot A Yes sir It Is 1- This ballot Identified as exhibit IIS shows a cross after the word no after each of the amendments at the top It alse shows a cross niter the ye s and It shows a cross after the yes oi the amendment Increasing the number of Judges bow would a ballot of that kind be counted A - For the amendment Q And win that the rule you fol lowed right along A Yes sir we counted the yea for the amendment for the Judges ami the no for all the balance 2 Do you remember how many ballots wero changed or altered In any wey A No sir 1 do not we Just altered them as we cot to ihem we kept no track of that we bad not time for that 2 Can you make an estimate A Why there was in the 21 coun ties I think there were something like seven thousand Ilailau county bail something over a thousand tl Do you remember how many York oiiiity bad A Twelve hundred 2 -Mr Simons when was it that Mr Edmlsten first spoke lo you -In re lation to those- ballots A Why when Edmisten spoke to me If was about the beginning of tin session others spoke to me prior to thai 2 Who had spoken to you before that A Somo of the rest that was help ing eount - What was said THE SCI I ISM E 0TTLINED A They said they weie going to have a recount of the Judges and Ihev would find enough ballots lo show thit they were elected 2 When did you Hist talk with Ed misten A That was prior to the beginning of the legislative session 2 He told you did lie that you would be one of the parties to hoi di it A Yes sir 2 And engaged you to that Is told yon what was to be done A No sir bo didnt say we were to do any marking only wo would steal tin judges in 2 Where were you when this con versation look place A- In his office Q Did you talk over your affairs o operations A--Not until tho commission was appointed J What was said when you started If anything Give tho conversation that was had as to what should bo done A I dont know only to mark them that Is all 2 Did Edmisten mark any A Yes sir Ho set the example for you did ho show you what he wanted done A Yes Mr Ho started off showing wliero to change the ballots and where to mink no and to mark tho yes nnd that would count I learned tlio next day they had passed n resolution by tho commission to glvo tho benefit of tho doubtful ballots to the amend ment two yeses and ono no wns counted for tho amendment so that was tho way it was carried on all tho way through J What compensation or rownr 1 wero you to receive A I wasnt to receivo any except tlio consideration of my case bofore tho courts Q That was tho understanding was it your cueo should bo decided in your favor A Yes sir among the parties inter ested in the ballots Who gave you tho insurance Hint uould bo don i7 A - 1Miiilnlen nnd lllnha Weii lllalio u member of the log bilalure A No sir one of Ihe commission J What connection If any did ho have with Hie democratic or populist pally A He was treasurer of Ihu Stato Central comniltlee And Edmlslen was chalruian7 A Yes sir 12 How dirt you know you could help yourself by helping them count the ballols who told you or where did Mm net your lufoi iiintlon from If uny body lotd you A Blake mid Edmhitou knew I hud a case icinly for the supremo com I ami IT we would aleul Hhmo two Judgea In I hud two of them favorable to mo HE WAS A REFORMER Al Ilia time what particular parly did you militate wllh A I lllllllilted wllh Hie populist 12 Now wllh lelerencc lo those bul bils beloie floiti those precincts In York county icFiidden precinct havo miii examined nil those ballols to day A Mostly 2 Did you llml any ballols Ilium Hint ate ballols that weie imirkeil ly yiniiHcir or anyone dim for thin recutita chiiiiiiIshIou A Vim slr 12 While jou were In the vault Mm fits night you were changing the lil loln who did the marking first A EilmlHtfii not the first county and look II In and when I came In Willi Ihe second county they wero inarkiiii EdiiilHtcn ami lllnke ami mi ni her parly Edmlsten got lie first package or ballols fiom iho secretarys room 2 Where did ho gel It A -Out of the hoci clarys room t2 How did you gel In the tfuero laryii room A Theie wns a guard hero let uj In 2- Aboii wbal lime was that A -Eight oclock Did you sen anything when he came In A- It was under bin coat 2 How do you know If you couldnt see II A- I did see II d Who told you to go to Iho sec rein rys olllce A Kdinlston 2 Wbal for A To get the ballots 11- And what did be say If anything about what ho wanted with the bal lots A- We understood what we wanted 2 You learned that in a prlvalo conversation A - Yes sir 12 -How did you understand they weie to mark I wo yi sses to overcome a no A--They were doing It and Edinls len sab the commission would count hose for tho amendment 2- Did he sny that was tlio way to mark them A- Yes sir tl Did you commence marking on the package you took In A -I started to mirk on tno package they bad there tl -And continued to mark until they got through that package A Yes sir 2 -How many were marking alto gether A Seven 2 -I low long did you continue nt II that nighl A Knlll half past eleven or twelve U How did you get the ballots out of the package A Tntled tho string and broke tho heal open 2 -What did you do with the bal lols after yon ot through A Wrapped ibein up m a package again 2 -And put a seal on them A Yes sir 2 Couldnt anyone tell tho seal had been opened A HANDY MAN A Yes sir but the man that opened them In the morning was helping fix them at night Q That man was whom A Blake 2 Dhl you see the commission at work In the morning A Yes sir I saw them there 2 Who was opening the package A Blake 2 After they told you that this marking ballots had to bo stopped did Mr Blake or Edmisten ever talk with you about wuit hud bersi done Did ell her of them over talk with you about It Ever say anything to you about secrecy A Well at tho last election 2 No right at this time after you stopped marking ballots A No they didnt say nothing then 2 Did you know it was a erlmo and there was a penalty attached to it A I know there was a law to that effect but I knew it was no good 2 -How did you know it was no good A We all knew it up there J How did you find it out you aro not a lawyer A I am uo lawyer but I knew tho wuy they panned tlio bill It wasnt any good tl Did you get any Information from any source A Only wiia t wo talked over there 1 Did you have any nssurnneo from anybody that they would stand by you if you would take tho chances A- Nothing only that 1 wouldnt bo Imprisoned long Who told you that A Edmlsten THE GOVERNOR WOTLD FIX THINGS f What mil he toll you ho would do If you wero tried and convicted A lie said If they should catch ut and send us up as long as wo had the governor with us we wouldnt stay in prison long 0 Tho governor would pardon you A Yes sir Are you positive Edlmston told you that A Yes sir i Q Did Blako tell you that A Wo wero all in tlio room whlla the talk was going on Q Did you havo any communica tion with tho secretary of stato A Not until after It was all over with