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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 23, 1877)
THE OMAHA BEE HOWE. And Hi ? Legislative Invesiiqa- ThfEemainder of the Testimony : Up to Date. | 1 Seth T. Cole , Cicero L. Bristol , Jas. I I K. Porter , and the Kespondent ' oil ( lie Stand. IIo > ve'B posed. Second naj'H Lincoln , Neb. jRouary , 3 , 1S77. Ihe committto met at 9:30 R in. , all tbe members prefccut , Mr. Howe and bis counsel , and Mr. Rosewatei and his counsel. Gen. Eslabrook suggested the propriety of feuding n subpoena for Mr. Lett of Brownville , to which the canirmau responded that a sub- pojua would be tent. Gen. Estabrook. I now propobe to ask Mr.Rosawaler to proceed with the narrative he was giving yesterday when interrupted by HIP adjournment. Mr. Tburtlou. Wo object to bid giving that testimony to-day. ( Jen. Estabrook. I v isb to have him Blste what Mr. Cowiu , the at torney for Mr , Howe iu this case , taid to thcto several witnesses at different time * , at different places , and under difierojil circumstances , what Mr. Howe eaid in regard to this matter. The Chairman : It wa * decided yesterday , I think , lhat tne com mittee would n t btmr that now. Mr. ThujRlwu. It seema ( o mo that there is a desire here to iiovo these witnesses testify before Mr. Cowin comes li ; ro and testifies. I want Mr. Cowiu to be here anil look theeo witnesses in the ? ace when they teslify. The Chairman. The committee is anxioua to got this testimony from Atr. Cowln. . Estabrook. The committee will continue to bear in mind that it is not aloue whether Mr. Howeia guilty , but the question is whether Mr. Rosewater , as the publisher of a paper , has uot had reason to be lieve this was true , coming from the source it did. There is more than one interest to be bubserved here by this committee , and to be inveeU- gated by them. The Chairman. The commilfea is of Ihe opinion tlut that testimony would not be proper to introduce what somebody else has paid. If that somebody can be put upon tbe eland , we prefer lo do it. Gen. Estabrook. I think , when tine rigid rules of law are enforced , it Is a proper ruling , but I tHnk this ia the first time , that I ever heard of an investigation wheto the rigid rules of law were ol served. 1 will ask Mr. Tnurstou lo IKS sworn. JNO. M. THUKHTON , called on the pat t of the prosecution being duly sworn , teblifies as fol lows : Gen. Estaurook. Will you state , whether you waa two years ago a member of the legislature ? A. I was , air. ft. Mr. Howe waa a fellow mem ber of tl-o same body ? A. Ye. , eir , the same house. Q. You heard the testimony of Mr. Howe , In regard to a libel hint at Kearney ? A. ldidfcir. Q Were you one of the counsel ? A I was. Q. You were well acquainted with the proceeding , that transpired in that legislative body two years ago ? A. Somewhat , yes. Q. You were acquainted with the proceedinga that transpired in r < gard to the removal of the capital ? A. Very little ; I never was in a capital removal caucus , and never took part in that question , only thia : I told the gentlemen who fav ored capital removal that any time they agreed on a bill I would vole for it Q. From your knowledge of that transaction , state to the committee whether you kuew of Mr. Howe taking money for hia vote. A I don't know of any perron taking money for his vote. Q. For hia vole upon Ibat subject orany other ? A. JNo , sir. U Never ? A. Never. vi. Have you ever stated that you knew he had sold his vote for uum- ey ? A I have not , sir. Q. To no person ? A. To no per son. son.Q. Q. Did you ever state to any per son that he waa "the damnedest scoundrel in Nebraska , ' ' and that you knew of one instance where ho Bold his vote for $100 ? A. No , sir. Q. Didn't you say that , sir , to Mr. Cicero L. Bristol ? A. No , sir. Q , . Didn't you say that , or some thing equivalent f o that , at Lincoln aud. Omaha both ? A. No , sir. Q Not that , nor its equivalent ? A. No , sir. Q. Didn't you state in the billiard rcom of ihe Qran(1 c , Dral ( ( o some one something to Iho enect yU be lieved Ihe charges made against Mr. Uowo in regard to thia Senatorial matter ? A. Who lo ? Q , Did you slate it to anybody ? A. .No , sir , 1 never did. Q. Did you ever nay any such thhig lo Hetli Cole ? A.No , sir. Q. Don't you recollect an instance - stance , sir you were playing bil- llarda with Selh Cole-where a con versation of that kind came up ? A. i G6 | Sir * * vQ' PA ] you 8ay i'ou believed they had him ? A. No , sir. I will TOU just what I did say. Mr. fm,6 John C. Cowin told , he found out enough there up at Kearney ; that be had got Wcav- fcllere wuere llira for parly Q. Was uot Mr. Howe at that billiard room himself e D0t the cause of this conversation ; was it not his pres ence , In fact , that prompted the A. I don't know ; it the cause iu r- \ ? ° ? u J > ow that it was ? ? Mr. Cole didn't mention Mr T he h5 tenT Weaver aud thoae y wouw 8"PP ° rt ? ganl towbatl T stated Ea-v U { llat 1 'H COLE , n withQ Y' " * " an-v " " "versa ' S jpvEas'-M ' p ' ' " ! ' ' nn , of eooi , . under the ruling. Objected to as in competent ; objection sustained. Geu. "Estabrook. Have you beard the testimony of Mr. Howe ? A. I I lave. Q , . Will you state what conversa tion occurred on tlie occasion re ferred to ? A , Yes sir. Mr. Thuro- t' u and myself \rore playing a "ahie o * billiar.is and Mr. Howe and Mr. ( v win were silting by the side of & f 'Jle ' talking. When Mr. Thurston v asn't playing when it was my ir"injr , he would step over and talk viMi Mr. Howe ami Mr. C'owin r \ \ lien ho canit back to the iable , I -narlo * ! that Mr. Cowin had ja ? Hews , Mr. Weaver and others con- I Ufccted with the Kearney trial , in e. j pietly tight phae that be thought they weco where they would lmv ! rtlpport him for Cougrew. Mr. ' Tliureton said he believed that was [ tiue ; Mr. Howe being present , was the cauwj of the conversation. lam certain 1 mentioned Mr. Howe's ; Uame. Cross examination : Mr. Tliurston. 1 ou are &uro you mentioned Mr. Howe's iiarna ? A. Yet > , sir. Q. Did I say a word about Mr. I Howe ? A. 1 don't know aa you did ; I but you answered generally in rs- j gard to the whole partv. You &ald , vou "guessed that was true , " and ) that applied to ths whole party. ' Mr. Thuuimel. What time wnS this ? A. Just before the State Con vention. Mr. ThuratoU. Did 1 state at that conversation that I fcnow anything about it ? A. J think after that i tnld you what Mr. Cowlu ha'd told me relating ( o Mr. Httwe , and the other parties l the Kearney trial , anil yon Said then that it waa ( rue , li You are mistaken about that , Mr ? A. I may bo raletafeen , but I think I told yo ths conversation I had with Mr. Cowin , and you told me it Was true. li You tola me Mr. Cowin told you he had got Weaver and those fellows where they would support him ? A. I think I spoke Mr- Howe's name first , because his be ing present WAP the subject of con versation. Q. Pf.m'l.you know Mr. Howe \\r.r not a member of IheRepubli- can party ? A. Yes , air ; but I knew iie always had something to do with the Republican party. Q. Didn'tyou know Ihen that Mr. Howe would not be a Delegate to the State Convention ? A No , sir ; It was thought then that Mr. Howe would be a delegate to the Htats Convention. Q. Wasn't the conversation" the subject of thestreugth Mr. Cow- in would have in the State Conven tion ? A. Yes , sir ; and at that time we thought Mr. Howe would be a delegate to the Stale Convention. CICERO Ii BRISTOL , called on tlie part of the prosecu tion , being duly sworn , testified as follows : Gen. EMabrook. I will ask you if you ever had any conversation with Mr. Cowin upon the subject of the charge that Mr. Patrick had put money into the hands of Mr. Howe for election purposes ? A. I have had such a conversation. Q , . State if more than once. A. Well , 1 have had one general con versation , and have referred to it two or three times have referred to lh * > matter. Q. Did ho make any positive statements in regard to it either one way or the other , or was it a mere desultory conversation ? Objected to as incompetenl ; ob- jectinn overuled. The witness. Yes , sir , he did make a positive statement. Q. More tlian once ? A. Well , I don't know that he did inoio than once. He made poMtive statements once and then afterwards referred to the matter. Q. Wa ? there more than yourself present ? A. No sir , only inyt-elf and him present. Q , State -whether or not you have ever had any conversation with Mr Thurstou in regard to the course of Mr. Howe , as a member of the legislature , and if so , state what that conversation was ? A Yes , sir ; I haTl a conversation with Mr. 'J hurstou during the leg islative t-ession of two years ago 1 Uoii't remember juat what brought it up , but I said something to the eflect that I didn't believe what waa slid about Mr. Howe. Mr. Thurs- ton told me it was true ; that he was one of the "damuest scoundrels in Nebraska , " and that ho knew of one unimjxirtant matter where he took ? ! 00 for his vote. Q That was at Lincoln ? A. Yes , sir. sir.Q Q , State whether you had any other conversation on the same sub ject ? A. He repeated the same thing at Omaha. Q. That is his vote in the legisla ture ? A. Yes fair Q , . Did he specify upon what subject the vote was ? A. No tir. I didn't ask him. I was entirely friendly to Mr. Howe myself and didn't ask him. Crons examination by Mr. Thurs ton : Q. Where wo at the time of that that conversation down in this city ? A. I think walking alone the street ; 1 am certain about that. Q , How did that coiiversatkn come up ? A. That I don't remem ber. There were remarks around about buying and selling votes , and possible we were talking about these remarks. Q. Did I tell you anything more , in any of these conversations , than that I lintl benrd these things from other parties ? A. No ; you used almost the exact words I have given , as near as I can remember. You stated that you knew. I didn't ask whether you had seen this. It was simply an assertion. Q , Ton purtued it no further at tin * time ? A. No , sir. Q And I said I knew Mr. Howe had received f 100 for his vote ? A. The way I understood it was you knew of one case , a Very unimport ant little matter , where he received $100 for his vote. Q I didn't tell you what that matter was ? A. I didn't ask you. Q. What office do you hold under the government ? A. Pension agent. Q , Appointed through the in fluence of Mr. Hitchcock ? A. Yes , sir , and Mr. Crouute Gen Eatabrook. I presume the committee think this as important as the hearsay of our witnesses , and more so ? Mr. Thurston. Were you down here during the Senatorial election ? A. Yes , sir. Q. Was working against Mr. Hitchcock ? A No , sir ; 1 told Mr. -Hitchcock what I would do. Q. What did you tell him you would dq ? A. I told him I would support Gen. Tbayer for the Sen ate. ate.Q Q You were down here , though ? A. Yes , sir ; but I was sick. The Chairman. Does he have ref erence to this last senatorial con * le./ ? A. Yes , sir. i > lr. Thurston. You expect to retain - tain youi position under the present administration ? A. No , sir ; I do notGen Gen Etabrcok. . You paid "you were favnralri * to Mr. Howe ? A. YeH. sir. I had a sympathy/or Mr. Howe in hi * contest out in Wyo- miug. He was a friend of General Tliaj er , and I had a sympathy for ldm before I ever saw him I said \ K tf r he was in full sympathy with Gea. Tbayer , ami this called u I the remark from Mr. TburstOu. Mr. TliurSteli. Wasn't that in re lation U ) the h'euatoiial cohlt&t wasn't it just sxffer itfr. Paddock's election ? A. Yea , sir. Q AnVl when we were all boiling over at each other ? A. Yes , sir. Q. And wbeu we who were sup porting Mr. Thayer were pretty hot against the Paddock men , and the Dundy men , and - A Yes , fe r , j we wtre. , Gen. EstabreoS. Ara you speak ing of tha us an excuse for telling kirn. this Mr. Thurhton No , birj I nave stated that I might have said that tbefellerw < viiO went for Mr. Pad- dtjck were" &et of damned scoun drels I certainly thought so then ; ( To the witness ) . Don't you know that not a single bill had passed then in the legislature ? A. No , sir 1 don't. I would like to add that I am here as an unwilling witness ; 1 am not here in the interest of any body , but I am friendly to Ml- . Howe Mr. Tnummel How soon after the senatorial tight was this ? A. Well , I think it waa probably with in u week. It waa very eoon after ; t think it wad soon eftei * , because 1 don't think J reUiained here long. Mr , Tburston. It was before you j went home right after tbe senator ial election ? A. Yes sir. I think Immediately after. GPU Estcbrook. HoAV many dayrf nf'erlue ratnlaeucement of the le- Ki-lftftire did the senatorial conted' commence ? Some two days wasn't it ? A .Mo , eir , I tbiuJ * tni 'or iif- tucn dayd. * ife d COfE , RECALLED , oy the prosecution testified aa fol lows : _ U < m. jtastabrook. Htate , whether you ever had any conversation with Joseph Barker , in relation to tlie expenditure of money for Mr. Pat- nek ? A. Yes , sir. Vi State what that fouversatlou Objected to as incompetent by Mr. Thurs'on. The witness , t will say it was not directly in regard to ( ho expendi ture of money. Gen. Estftbrook. Well , in .relation to Iho means employed to elect Mr. t'aliick ? Mr. Thurston. Did you have any conversation with Mr. Patrick that referred to Mr Howe ? A. Yes sir. The Chairman. Now you want to have him stale what Mr. Barker told him. Gen. Estabrook. Yes fair. Mr. Thurston. I object to that. air. Barkei has been here and tes tified and he wasn'taaked with re- gaidto that matter. After some consultation on the part of the committee the chairman announced that tbe testimony would not be received Gen. Estabrook. The committee did not object to testimony as to what Mr. Thunton said , which wan of the same character. Mr. Thurston. No , hir ; because I was willing ; I will make this state ment : My attention was not called by Gen. Estabrook to any particular time that I had a conversation with Mr. Bristol ; but 1 will say this , that at that liiiid 1 had an opinion in my mind that a great many of the men that went over to Paddock were scoundrels , but I didn't express an opinion as to Mr. Howe receiving money for his vote , for the very good reaFou that I didn't know of any such tiling. Gen. Estabrook. Had Mr. Howe gone over , waa he one that incurred your displeasure ? Mr Thur-'tou. Yea , sir ; he had gone over and voted for Mr. Pad dock. Q Was he originally a Thayer nnui ? A. No , sir. Q That is the reason why you stated a falsehood , if you did state k ? A. I didn't say so. Q Then wny mention it at all ? A 1 may have said that of Howe , or any one else that voted for Pad- tlwk. tlwk.i ( i Do you recollect Mr. Bristol re- maiking that he believed Mr. Howe to be an honest man ? A. No , sir : 1 never made any such statement to Mr. Bristol , because I never kuew any sucu transaction , and Mould not have stated it without knov i sgit ! Mr. Bristol. I would like to make pue correction. When I said I was in full sympathy with Mr. Howe in tlie senatorial election , I meant I was in sympathy in bis support ot Mr. Thayer ; not in support of Mr. Patrick. JAMES K I'ORTEB , called on tbe part of the prosecu tion , testified as follows : Gen. Estabrook. Tell the commit tee whether you have ever had any conversation with Mr. Howe in re lation to the charge that money was used to secure Mr. Patrick's election ? A. No , sir , I have not. Q Have you had any conversa tion with him in elation to his course in that transaction ? A. I had bad a little conversation with him one day in regard to his action in thin Senatorial contest just gone byMr. Mr. Thurstou. I object to that for the reason that it hhs nothing to do with this matter. Thn Chairman. The committee will admit the testimony. Gen. Estabrook. Will you stale , what conversation you have had , with time , place nnd so on ? A. A few minutes before the final ballot in this last senatorial contest , I saw Mr. Howe in the back room of the auditor's office. I went and spoke to him in regard to his voting .or senator Hitchcock , and told him , I didn't want him to vote for him.- He used some rather violent lan guage to me , and I remarked to him "this thing is getting badly mixed up. " He dammed me , and naid that was my fault , I said Ibat so far as that was rcucerned he bad struck a man now that could talk ; I told him that I didn't want him to vote for Sena tor Hitchcock ; that Mr. Barker was here , and could co on the stand ; that air. Lett was here , Dr. Miller not far oil , and that Patrick could be got here. I told him it would make it very unpleasant for him to vote for Mr. Hitchcock , we went right out of the office then , and 1 waited a little while for him to come back , but he didn't come back at all. This was just a few minutes before \he vote was taken ; there was quite a hustling around .and caucussing in tbe rooms below. Q Was that the whole ot the con versation ? A. I went out and stood at tbe door and waited for him to come in , but he didn't come in again. I remarked as ne went out to remember whatlsaid was meant. Q. Heceab'ed to "bull-doze ? " A. The violent lauguage that was used in the first place ws all that was u ed. Thcie was several othe'8 in the room. L don't lemeinber who they were. We went into one cor ner of the room , and 1 presumed tlie conversation would be private , bnt Mr. Howe talked very loud and mode it public. U. Did you ever have any con versation with Mr. Barker in regard to the expenditure of money for the election of Mr. Patrick , in which Mr. Howe's name was mentioned as being connected with it ? A. 1. have. - . Q. I will ask you where , when and what that conversation was ? ' Objected to by MrT&urstori "as Incompetent Ohjw.tlon sustained. CVosc tbatninatto ? , by Mr. Thurs " - - - - ton : U This w : & juat be'Ore , the Una ! 4 o'clock billet yoU had Ibe conver- ffttiou with Mr. Mowe ? A. Yes , s r , Q. When you sp kn of these things he mstie no response ? A. He mide : ih'jrrti'On&'jihave.epokeu of. Q _ . When you spoke of Barker and these men , he oiide no re sponse ? A. AO , sir ; be made no Q , . Then on that subject you aloue , and not Mr. Howe , spoke ? A. Yes , sir. Q Did he tell you at that time who lie would vote for ? A. No , sir , Q. Didn't ' you know at that time it was entirely unknown , before the vote was taken , that in the opposi tion ranks they had agreed to KO oVer and elect Bauuders ? A. It is safe to say in a senatorial contest that there ae a great many things that are ' 'uuknovn" there are more unknown quantities thin are known , probably. li Do you know that at half pa t 10 o'clock on that day Mr. Howe agreed in the presence of Governor Sauuders , Capt A&hley , Jim Laird and J udge Weaver that after the first ballot to be taken that day he would go for Governor Saunders for sena tor ? a. . I know nothing of it. The Chairman. What did you rnrau by the statemeht made iu-the room that Mr. Barker , Mr. Patrick Slid gome other persons were near ? A. I remarked at the same time that it would be worse than the Kearney lawsuit. Gen .Estabrook. You and him to- geth r understood what it meant ? A. Yes , sir. Q , Now state to the committee juat what it did mean ? A. It meant in regard to the money transactions t'f the Senatorial contest of two years ago. The Chairman. Do you know- auythmg of those money transac tions ? A. No , sir. Mr. 1'hurstou. You was trying to uull doze him , wasn't you , Jim ? A I don't know. The committee csked that question and I answer ed it. it.Q Q You was trying to influence him to prevent him voting for Hitchcock ? A That was our aim , yes , sir. Mr. Holt. Do you know , that these men did know anything about a money , transaction in that election ? A. if I did know , J would know of my own knowledge I make an ac.ount of so many kegs of beer sold. They go out of my brewery , but I don't see any one of them go out , and I don't swear that a single one did go out , but I know it as I do a great many tilings Gen. Eatabrook. I will preea the question a little as to what ne docs know about what these gen tlemen kuew and how hu knows it A. Mr. Barker told me of it himself. Mr. Tliurston. That the commit- the has ruled out. CHURCH HUWI : called on tbe pnrt ol ( he respond ent. no objection being made by counsel for tbe prosecution , testified HB follows : Mr. Thurston i will ask you what conversation you had with Mr. Porter ou that day he speaks of ; what time it was , and were it was ? A. Mr. Porter came into the audi tor's office , as he says , and aiked me if I was going to vote for Hitchcock' I didn't make any reply. Ho called me off1 , as he says , to one side , and I spoke up loud and told him it was none of his bjsines" , and nobody else's business ; .that I was taking care of myself. He then u&ed tome threatening lauguage ; said I had better look out formynelfiii regard to the election of two years ago. Gen. Estabrook. After that , didn't you dry up a little after he men tioued these matters ? A. It didn't fccare me or make any difference in my action in the Senatorial fight ; this waa just before the final ballot was taken. Mr. Thuruton. I will ask you whether or not you had an agree ment with Gov Saunders , Captain Ashby , Jim Laird and Jiidue Wea ver as to wbat your course would be ? A I did , sir ; these gentle men came to the room of the Inde pendents , the Auditor's office , and I then and there made an agreement with them after voting once for Mr. Hitchcock to vole for Gov. Saunders , and after wards 1 went into the council room of the supreme judges room , when there was present Judge Lak > , J udge Maxwell , and Gov. bauudeis , and there I had another talk with Gov. Saunders , and Judge Lake came up and congratulated me about going over and voting for Gov. Saunders This was about 12 o'clock. It was the understanding I was to vote once for Mr. Hitchcock. Mr. Holt. What time a day was this you say you made this agree ment ? A. At half-past ten. I never agreed to vote for Mr. Hitch cock but once , but I was partially in Mr. Hitchcock's interest after that time. time.Mr. Mr. Thurafon. Wasn't it deemed necefesary by those gentleman who had agreed to suppoit Gov. Haun- ders on the second ballot that they should abstain from making it known loth by word and acton and they did agree to do so ? A. Yea sir. Q , . Wasn't it considered that from the success of that silence depend ed the result , in a measure ? A. Yes sir. Q. Wasn't it necessary for that reason to avoid discussion on the Senatorial question with others ? A I did not cease to discuss it. I taked with my friends in favor of Senator Hitchcock. Cross txamina'ion by Gen. Esta brook : * Q This was at what hour of the day ? A. Half past ten. The con versation with Mr. Porter waa at four o'clock , just before the last bal lot. - Q. Now you say you had agreed at some period to sup port Saunders ? A. At half pa&t ten I had said to these gen tlemen and these gentlemen can bo brought here I had agreed lo suppoit him after the ballot taken at 12 o'clock. Q , Didn't you af'er that make an effort to still elect Mr. Hitchcock ? A. I said no one knew of my plans outside of these friends I have spo ken of. I waa euppossd to be a Hitchcock man. Q. Didn't you ask Mr. Birkhauser and Mr. Holt to vote for Mr. Hitch cock after this ? A. Yes , sir. Q. That was meant for strategy ? A. Well , sir , you have- been then1 , and Know how it is yourself about thee things. Q. Vou still continued lo induce Birkbauser and Holt , after this un derstanding , to vote for Hitchcock. A , I did. Q. Their names were called be fore yorrs ? A. Yes , sir. Q You tried to influeuc them ? A. I didn't have any effect on them. Q. You tried to affect them , didn't you ? A. Well , yes , sir ; I suppose BO. uen. Estabrook 1 wonld like to reserve the privilege of asking Mr. Howe more questions at some other time. ' The Chairman , Certainly. [ Here the committee adjourned until 8 p.jm.jrue3dav- . ] Third Dnys Lincoln , Neb. February ' 6. The Howe invedtigating committee met at 8:15 p. m. , ; all the members w ere present with the exception of Senator Holt , Mr. Howe waa also present with his counsel , Mr. Thurs tou , and Mr. Roeewater with his counsel , Gen. Estabrook , in order to accommodate the counsel for the respondent ho was allowed to call a witness put of the tegular order. EDWIN S. lOWIiE called on thepait of the respondent , being duly sworn testified as fol lows t Mr. Thuratou. What position did you occupy in the iegialature ol 1875 ? A. 1 was a member of the lower house. Q. Do you remember a publica tion that was made in the Kearney newspaper In regard to the action of certain membera of Ihe legisla ture ? A. I do sir. Q. Was your name mixed up somewhat in lhat paper with Mr Howe and others ? A. It waa. Q Do you know Mr. Rosewater ? A. I am acquainted with him , yes sir. Q , Did you ever have any conver sation with Mr. Rosewaier in regard - gard to the tiuth or faKty of these cbnTRes aa concerns yourself ? A. I bad a conversation with him. It was during tbe last State couveu- lion , ; 1 went to Mr. Roaewaler ; auo'ther party had been talking tome mo ; told me if I dld'nt do so and so , why , there would be certain cbarg es published against me with regard to the Patrick business. Gen. Eatnbrook A certain indi vidual told you if you did'ut do so aud so. A Yea bir ; in regard to my connection in the State couveu- lUm , 1 was a member of the State convention. Mr. Thurstou Who waa ( hat in dividual ? A. Help present here Mr. Cole. 1 went around to see whether Mr. Cole ] had authorized any fcuch thing , and he slid he bad not. I told him 1 had suffered per sonal anxiety enough about the matter ; that his paper was taken iu my family , and if charges bad bee-i made in it my family would read it. I asked him if auy communication of that kiud was sent his jpaper , if he would publish it. He said m , he would not | that he and I hau been personal friends. Q. In that conversation wan any thing said by oithei of you In regard to the truth or falsity of these char ges , ? , A. There was not , and I think Mr. Rosewater will say there waa not Q. Did you confess to Mr. Rosewater - water your guilt iu the matter of these charges ? A. Most assuredly not Q. Did you at any othertime , ? A. I believe that ia the only con versation I had with him about the matter. Cross-examination by Geu. Es- labrook : ( i Who waa preaeut at that con- vercation ? A. No one else present. Q. Didn't Mr Cole go with you ? A. Ao , sir. Q , Where waa thia conversation ? A. Here iu the lobby of the capitol at Ihe lime of tbe last convention iu September. Q. What constrained you lo go and make such inquiry ? A. I wanted to see whether it had ema nated from Mr. Rosewater , aud he assured me It bad not. Q. Vou wauled to see whether a falsehood had emanated from him ? A. Whether ho intended to re-hash Ihese old charges against me. Q , What old charges ? A. In re lation to Ibis Kearney business. Q. What is that ? A. What has been read here in relation to this Pa'rick matter. "Q. That is ? , whether he was going to state ihat Church Howe and yourself and Home others had re- rcceived money from Palrick in an endeavor lo elect him to tbe Sen- ale ? A , 1 believe lhat waa it , yes , sir. sir.Q. Q. lou were speaker of Ihe lower house , I believe ? A. Yes , air. Ci. Were you acquainted with. Patrick ? A. I have met him Q. Meet him here during ihoses sion ? A. Yes , sir. Q Have any conversation with him iu regard to bis Senatorial as pirations ? A. Yes , sir , ouce ; I only met him twice. Tbe first time I met him waa in the aaloon of the Tichenor House , and the second time at hia room. Q , . Did he disclose to you any of his plans ? A. Only in general terms. Q. What were those plans , iu general terms ? A He told me be was a Grant man , a Grant Repub lican ; he aaid ho Htood in well with Grant ; that he waa about aa good a Republican aa anybody , and if elect ed he thought he could do as much for thia State aa anybody else. Q. He wanted to be elected on hia politica ? A. That ia the talk had that night. Q. Who else was present at that conversation ? A. Judge Weaver. Q. Who wad present at the first conversation 7 A. I had only an introduction the first lime ; I had no conversation. Q. Was the subject of the use of money mentioned at all by Patrick ? A. It waa not. Q. In no way ? A. In no way ; he requeated me to call around the next morning to see him ; thia waa about 4 o'clock in the morning , I think , aud I didn't wake up until about 10 o'clock tbe next morning ; at that time the caucus was in ses sion up here , and they sent for mete to come to the caucus. Q , Do you know whether Mr. Patrick bad been here all the time during the session ? A. Yes , sir. Q. You hadn't see him ? A. No , sir. sir.Q. Q. Had any one coming from him approached you ? A. No sir , and I wouldn't have gone that night if it han't been for Henry At kinson. He aent me in. Q. What County did you repre sent ? A Richardecu County. Q How lsre ' a delegation was there from tbat'County ? A. One in tbe Senate , and three in Ibe House. Q. Was auylhing said between you and Patrick , in regard to carry ing lhat entire delegation for him. A. He wanted to know if we could carry It , or what I knew of the pro spect of carrying it for him. I told him I hadn't talked with them about it. aud hadn't thought any thing about it. Q. Did any come as fron him , claiming to be his friend , suggest ing the outlay of money ? A. No bir , none at all I would not have went in that room that night , aa I told you before , if I had not been sent in there by Henry Atkinson. Duudy had withdrawn and Atkin son came on the track. This was after the caucus in which the Dem ocrats had agreed to go for "Tbayer , and his idea was to get the Demo- orals back from Thayer and throw the whole thing in tbe pot again. Q. Did you make any admission in this talk with Cole that money had been used ? A. No sir. Q. To neither Cole nor Rosewater - water ? A. No sir. Mr. Cole clamed he knew something about jne that he got from somebody. I did-Jiot say mUch-to-hlrii , but let him do the talking. Q. Who did he claim he got il from ? A Hedi'du'tsay. Q. Were you one of the parties to that suit at Kearney ? A. No sir. Q. Were you one of the attor neys ? A. No sirI was present as a witness. Q. Was Judge Weaver present also ? A. Yes sir. Q. Did you ev.er have any con versation with Judjre Weaver any where in reference lo the means to be employed to secure Patrick's election ? A. No , sir Q. At any time ? A. No , sir. Q Did you know of Weaver's leaving Kearney precipitately ? A. HP told me tbe attorneys for the prosecution no , for the deleirae.bad excused him. Q Dou't you know the fact to be that ho was excused , and left be- cauao if suffered to testify be would affirm all that had been charged ? A. No , sir ; not that I know of. Q. Do you know it to be other wise ? A. I don't know anything about that fact ; I don't think Wea ver knew anything aiiout it , or had anything to do with it Q Was'ut it a matter of common rumor around here that Patilck had money to use ? A. Oh yes , that was in everybody's mouth. It waa supposed he had about f K 0,000. It was said he had a ' bushel" of money. Q. That wan bofoie they got to usiug a "bar'l ? " A. Oh yes sir A btiHhel will apply to a State , and a barrel to the Union. I would say this : If 1 had known Mr. Patrick then as well as I do now , after Mr Duudy got off1 the track , I would have voted for him. Q. Why ? A. Been ire I belie vine no is a gentleman , a rutm of ability aud a man who would stand by his friends and do good for the State. Q , Have you ku-jwn him since in any official capacity ? A. No sir. Q Tnen what do you ba e your opinion ou ai to hi" official capaci ty ? A. Well sir , there had betu a good many Uuiled States senators elected who had no "official capaci- tyrMr. Mr. Thurston. Do you kt.ow any thing except what you Heard from general rumor as to Patrick having money here ? A. I dun'tkuow any thing except rumor. Q. Is lhat rumor anything more than that Tildon had a barrel of money to u e ? A. It waa simply general rumor ; of course everybody heard it. Gen. Estcbrook That he had a bushel t f money ? A Thatwasthe general understanding Q And that whoever voted for him would get a share ? A. I nev er heard that ; everybody could draw thelrowu inferences. Mr. Thuratou. Did you agree to vote for Mr. Patrick ? A. I did not. Gen. iSstubiook Was -utyoue else authorized to stipula'e for you ? A. Not that I know of ; I might have been sold out without ray kuowl edge Owing to tbe lateuebsof the hour at which the investigation closed , we are unable to present to d y tbe testimony of other wit nesses in full. At the coucliitfio.1 of Mr. Towle'a testimony , H. fJ. LETT , of Browuville , was calied by the prosecution , and questioned nt length regarding his connection with Patrick's Senatorial contesk two \eaw ugo. He testified that lie waa ou iutimale terms with Pat rick durinir Ihe coutist , and waa frequently in hia roum , but know of no money being u ed hy Patrick to secure his election. To tbe ques tion whether be had ever heard of any money being used at that term by Patrick. Thurston objected , aud after considerable dtlnte , by him- aalf and Gen. EaUbrook , thiobjec tiou was sualained , after Estabrook had stated that he proposed to show by the witness that Pat rick and wit ness had had a conversati .u since the seuatoti'd election , in which Patrick stated to Leit ; that ho hud placed a sum of money in the hands of Mr Howe , to be retumed < f Par rick was not elected , and that the money bad never been returned. Senator Fergusou announced that he was not clear in his own mind as to whether there hud been sufficient testimony thus far to establish a conspiracy , eo that the declarations of Patrick , as one of the coubpira- tora , could bo received. Eatabrook asked leav to with draw the witneba for the time be- iut , aud present some authorities to-morrow morning aa to the range of examination in investigations of thia character , which waa agreed lo. s. u. OWEK , of Lincoln , the next witness called by the prosecution. He testified that he waa two years ago president of the State National Bank of Lin- co'u , aud that a auui of money , lo w ich bin bank contributed $100 , h.tl heeu placed in the bank sare to be Uaed in paying the expenses of lobbying to work against the capital removal bill ; that Mr Howe had told him tbe only way to tight euch bills waa with money , aud that after wards several individuals who had worked lo defeat the measure should be paid for their services. THE .RESPONDENT was then placed on the stand by his counsel and testified that he aud the entiie Nemaba delegation of two years ago were opposed to the capital removal on general princi ples , and denied having ever re ceived any of the Lincoln fund on account of his opposition to tbe measure. Here tbe committee adjourned until 9 a. m. to-morrow , at which time the remainder of Mr. Letl'd testimony will probably be taken , if the committee are willing to ad mit it , and it iaal o rrobable that Mr. Cowiu will testify. FourIh > ' Proceeding * . Lincoln , February 7. The Howe investigation committee met at 10 a. m. , all the membera present with the exception of Senator Holt. Mr. Howe and hid couiif e , Mr. Thiirs- tou , and Mr. Rosewater with his counsel , Gen. Estabrook , were also in attendance. H. c. LETT , recalled by the prosecution , testified as follows : Gen. Estabrook. Before pressing the question asked the witness last night I will ask him a question or two. Will you slate whether you participaled in your coun y of Ne- maha in tbe canvass in the last election ? A. I made a few jxililical speeches in Nemaha last fall. Q. State whether you and Mr. Howe were members of opposing parties ? A. Yea air , i think we were Q. You are a Democrat and he something else ? A. I am a straight Democrat. Q. Heisnot. A. He is a "mid dle man. " . r Q. A "middle man , " although he don't believe in "middle men. " Did the question of his paticipation in the senatorial election two years ago arise in that campaign in any foim , if so state to the committee how it arose ? A. It did to some extent. Q. Will ydu slate Mr. Lett , whether you inalle the chargb di rectly tnat he had psrtppdte'd in it and that heyaa u sharer in the profit that accrued out of being a friend to Mr. Patrick ? Objected to aa incompetent by Mr Thurston. The Chairman. What is the ob ject in aaking the question. Gen. Eatabrook. To see what re sponse is made. The question of tbe admissability of the testimony was argued , at length , pending which Mr. Howe paid he desired his attorney to with draw his objection aud let Mr. Lett tell the whole thing. Gen. Estabrook then read section 968of Cu3hiug'3 parliamentary prac tice in t-upport of his position that investigations of this character should not be bound down to the Htrict rules of evidence. The Chairman. You may proceed with the examination. Mr. Thurslon. Let the witness tell what Mr. Patrick told him ; that ia all he does know , uo matter what he "charged" him. The Witness. I never charged in the campaign , or at any other time , that Mr. Howe had been bribed ; I never charged that Mr. Patrick paid him money , but I did atate , during the campaign , a conversation that took place between Mr. Patrick and myself some time after tbe Sena torial contest , and that conversation I repealed aa told mo by Mr. Pat rick. rick.Gen. Gen. Eatebrook. Was that pub hsbed in Ihe papers Ihere ? A. It may have been in subatanco , but I don't know that it ever was. Q. Now will you state what that conversation that you slated ? A. I will state as near aa I can the conversation and all that I ever knew or ever beard in that conver sation. Some time , I think , In May , after the Senatorial election , I was in Chicago aud met Mr. Pat rick aud Dr Miller at the depot , and came with jtliem from Chicago as far as Red Oak , iu Iowa. Some where between Chicago and where I left them the conversation came up iu refereuce to the Senatorial contest. Mr. Patrick asked me where hia mutual friend , Church Howe , wiia not. I stated that bo waa at home , iu Nemaba , when I left. Thereupon Mr. Patrick said , "That Howe ia a cusa " I remarked , "Yes , Howe IB pretty lively. " He then &aid , "Howe is a guerrilla. " Gen. EHtabrcok. "Gorrilla , " or "gun-Ilia ? " A. "GuriUa. " He seem ed to manifest some feeling against Howe , aud I asked him then what was tbe trouble between him aud his friend Howe. He said , "I would have been thousands of dollars bet terotnf I bad never seen him. " 1 was a little inquisitive to know , aud he weut on aud ( old tue he had spent money during that senatorial contest , a number of thousands of dollaia. My impression now is , ten twelve thousand , and I said to him I cuuld'nt eee how he could ppehd co much ruonfy as that , and lie anawered , ' 'Well , iu variou * ways. Howe got several thousand dollars. " I can't say whether he mentioned th amount or uol. if he did , I am not now and never have been , able to recollect amount I said to him 1 oouldn't see how Howe should get any of their money. My impression la he aaid , "Howe got several thousand dollars of our money. " I said , "How's that ? " He said , "lhat Howe promised to do , or agreed lode do many things that lie could not accomplish. " I said , "I suppose then Howe paid your money back. " He aaid , "Not a cent ' ' 1 asked him no more questions , and that is in .substance the entire conversation aud tbe only statement I ever made , private or public , iu reference to the matter tnat 1 know. ( i Stale whether you had a con Mrsation ! atterwarda in Salt Lake vith him in lefereuce lo the mal- lor ? If so , elate what it wa& ? A. Never had a conversation witn him on the subject in Salt Lake. He asked iu the pieseuce of two or three oth er persons where Hewe was , and made some slighting remarks ; I be lieve be used borne expression aud said "Howe is a guerrilla. " Q. How loug after the first 0011- verbation was this ? A. I think it waa iu July or August. li. I think you stated last night that Mr. .barker waa one of Mr. Patrick's standing aids ? A. 1 don't think I said that. Q. Wasn't he continually In bin room ? A. I saw him in his room , yea , sir ; 1 never knew Mr. Barker unlil tnat time , and then not very well. well.CVo CVo 3-examination , by Mr. Thins- ton. ton.Q Q , At the time you had the con versation with him , Mr. Patrick talked as if he hadn't the best of feelings towards Mr. Howe , didn't he ? A. It seemed to me so ; I don't know whether It waa the case or not. Q. Did Mr. Patrick in that con versation slate to you that ho had made an unlawful use of money in the senatorial contest ? A. The only thing Mr. Patrick said to mo in that entire conversation rn this subject is wbat I have stated. Q. Did he state for wbat purpose or at what time Mr. Howe got money from him to use for certain purposes ? A. No air , he did not. Q Did he state whether it waa before or after the senatorial con test ? A. He didn't say. Q. Did he state whether or not he gave Mr. . ± iowe any money to ue or to influence hia vote aa a member of the lrgislalure ? A No * air. He didn't speak in that way . He simply aaid "lie got some of our money. " Q. Did he state whether he got that money to u e for legitimate or illegitimate purposes ? A. He did n't say , only aa I have stated that he agreed to do certain tilings he waa never able to accomplish. Q. The contest down in your coun ty got pr jtty hoi , this last election didn't it ? A. Rather. Q. You and Mr. Howe were aome- what bitter towards each other on the stump down there were you not some what so ? A. Well , we made it interesting to others I sup pose. pose.Q. . Mr. Howe waa charging you with some railroad matters , and you was charging him with Senat orial matters ? A. I never charged Mr. Howe with Senatorial matters. Q , He was chargicg you with some Senalonal matters that ? A. That were false. Q He waa charging you , wasn't he ? A. lea , sir. Q You was telling this matter about Mr. Howe to use it against him ? A. I told it once or twice. Q Do you know whether any the time you were telling it Mr. Thomas received a telegram from Mr. Patrick with regard to it ? A. Yes , air , I heard it read. Q. In that railroad matter Mr. Howe bad some papers on you that he read , didn't he , Lett ? A. He had some papers with figures on that he read by intimation. Q , Where waa you when you beard thia telegram read from Mr. Patrick in regard to this matter ? A I heard two read. Tbe first one I ever saw was one I r < > ad myself. Q , . State whether or not thia is the one you recognize aa having rend ? EHaijding witness paper. " ! A. Yes , sir , . ite direct examination by Gch. IZslabrook : Q. State aboiitthattelegramA : The first telegram waa handed to me in Nemnba county. A gentle man banded it to me , aud asked if I would read it. Up to lhat time I bad not , iu my speech , said one word , nor mentioned Mr. Howe's name I said I would read it , and the telegram waa handed to me.pur- porling to be from Salt Lake City , Utah a week prior to the one that waa read afterward , dated at Salt Lake City. I read the telegram out in public , and my impression ia it was addressed to Church Howe , Brownville , J\eb.and read , "I nev er told Lett I paid you any money " Signed , "J.JN.H Patrick. " I said then , as I have stated since , that I never said Mr. Patrick had told me lie had paid Mr. Howe money. I then wen ton and stated the conver sation as I have stated it here , and no more. The second telegram was read by Judge Thomas after Mr. Howe had made a speech , or aome- time during bis speech in Brown ville. Howe asked him to get up and read a dispatch ( hat ho ( E. Thomas ) had received from Mr. Patrick. 1 would state further that the first disoatch I recognized aa beiug in Air. Howe's own hand writing. Mr. Howe. It was a copy. The Witness. Itmay have been a copy. The gentleman who hand ed it to me 1 think stated it was a copy. 1 told him 1 did'ut care BO far as that was concerned ; that I had never made ihe charge that Mr. Patrick had said he paid him money , therefore the telegram amounted to nothing. When the telegram waa read in the ball at Browuville , purporting to be to Mr. Thomaa from Mr. Patrick. I asked permission of Mr. Howe to reply , or bay d word , but Mr. Howe forbid me opening my mouth in the hall ; that it was his ; he had paid for it tud hedid'nt propose I should speaker or anybody else. Mr. Howe. Waa that the reply I made to you , Mr. Lett ? A. The reply you made to me waa that I could not speak in that ball. Mr. Howe. Did'nt lay that you had had two weeks iu which to re tail this matter on the street while I was out in the country mikiug speeches , and that this was my right , as I had hired tbe hall ? A. Yea sir , you paid that , and that if Mr. Patrick had bad time he would come down and brand me aa a liar. Mr. Howe. I said that if Mr. Patrick had been there he would have reiterated all that I eai.i. A. I aaid that if Mr."Patrick had been there he would not deny what he aaid to me. The Chairmau. I uude stand you that in the first telegram the lan guage waa identical witu Ibia ? ( re ferrlng to the paper handed witness previously by Mr. Thurstou ) A. I didn't read this dispatch. The clerk reads the dispatch as follow B. OMAHA , Nov. 6,1876. Received of ; ToJudgeThom as : Never told Lett thai I ever sent Howe any money whatever J. N. H. PATIUCK. Gen Estabrook. I must say that this dispatch is not identified aa be ing what it purports to be. 'IbeWHness This second dispalch reads very similar , and is probably iu tbe same words , as Ihe firat I saw. saw.Mr Mr Thurslon. I uiidei aland you lo state before tbia committee that you never said Patrick paid Howe anj' money ? A. Not in.that lau guage. Q Do you know of Mr Patrick's ever bavin : ; paid Mr. Howe any money for any purpose whatever ? A. ISo , sir ; 1 don't know anything about it except what T have said in I'nat conversation. Gen. E tabrook. Did lhat conver sation , in its connections and bear- lugs , convey to you an idea that money had been placed in bis hands which he never returned ? Objected to by Mr. Thurstou aa iucompetent and immaterial. Mr. Ferguson. It would certainly be a satisfaction to me aa a member of the Committee to know what uu- deratanding Gov. Ltlt bad from his conversation with Mr. Patrick. Mr. Howe. . I ask my counsel to withdraw his objection , and let tbe witness tell what he thiuka about things. The witness. The impression coming to my my mind was that , as Mr. Patrick atated , it had cost him a great deal of money , and that he had not properly used it ; but 1 had no reason , at that time , to suppose there was anything but a general trust of money for the pur pose of doin ? certain work during Ihe senatorial content. I didn't in- a'at on asking questions because I thought it waa rather inquisitive In me. me.Gen. . Eatabrook And whatever he bad placed in bis bands ot mon ey , waa not returned ? A. Yes , air , I asked him what he placed it in j his bauds for. He said it was to do certain things which he hid not do. I didn't ask any futther questions. 'Ihe Chairman Did it refer to the senatorial onteat ? A. Yea eir. Mr. Howe He aaid the object waanotaccomphahed ? A. Hesaiil you wasn't able to do what you agreed to do. Mr. Thurstou. Did he intimate to you that thia money was placed in Howe's bands for tbe purpose of securing Mr. Howe's vote for him for senator ? A. No sir , he did. JLK. HOWE AND E. THOMAS were then called , and identified the two telegrama referred to by Mr. Lett , showing that they were sent by Mr Patrick in response to tele grams seut him by Mr. Howe , in quiring of Mr. Patrick whe'ther or not he had stated to Mr. Lett that he had paid Mr. Jdowe for his vote on the senatorial vote. JOHN c. COWIN , called on the part of the respondent , testified as follows : Mr. Thurston. You are an attor ney , residing at Omaha ? A. Yes air. air.Q. . Was you an attorney in what was known as tbe Eaton libel suit , at Kearney ? A. In a part of it Q. Assisted iu the prosecution ? A. Yea sir. Q. Before or during that trial did you have consultations with Mr. Howe , or conversations in regard to the suit or its conduct ? A I bad some conversations , &s a matter of cours'e. I was employed in the case t.y Mr. Howe and Mr. J. N. H. Pat. rick. rick.Q. Q. Vo may state whether , during all that time , in any way , Mr. Howe , directly or indirectly , con fessed or admitted that he was guil ty in any manner of anything that waa charged against him ? A. He certainly did not , and I may state thia further , to make my anawer sufficiently full : i waa employed by Mr. Howe , and afterwards by Mr. Patrick. 1 rode to Kearney with him , and I don't believe during all this time. 1 don't suopose I had ten minutes' conversation witnthegen- tleman with respect to the subject of tbe trial. There was but one thing said to me by the two men , and that was this : "You may go into this proscution wilh the assur ance that there is nothing in the charge , and that nothing can be proven. " That was said to me by Howe and Patrick , and that waa all. I may say that at Kearney , be fore the trial commenced , when It was questionable whether It would come up or not , J don't think 1 had any conversation with these men. In fact , I thought , for being counsel in the case , i waa in a measure left out , and waa consulted but very lit tle about it. Q Y'ou may slate whether before or during that trial Mr. Howe waa very persistent m wishing to go on with the case ? A. He was to me , sir. t Q. You may state whether in con- eultatiou in regard to the case , up there , Mr. Howe did not at all times insist upon hit * entire Inao- cence in the case , and hia reImeaj to proceed to trial. A. Ho'id to me. I ought to state thiurther , in view of the fact that * hile I do not think that Mr. Rot , .ater in tended it , he baa conve . d the im- presaiou that I violated he secrecy which should be observed between attorney and client , in this case it would uot be true , for there were no secrets between us. Mr. Howe and Mr. Patrick told me no secrete. Cross-examination by Gen. E-la- brook. Q. Have had any cotiv 1-9.1 lion with Selh Cole on that eub.t ct ? A. Yes , sir. IJ. When was that ? I will direect your attention to the primaries. You were a candidate before the convention , were you not , for Con gress ? A. Yes , sir. Q. Mr. Cole was professing to be friendly to you ? A. Yea , sir ; and I think he was. Q. Mi. Rosewater , also ? A. Yes , sir. sir.Q. Q. You were conferring , were you not , upon the best method of ac complishing that end , at different times and places ? A. o , sir ; I don't believe I had any conyeraa- tiona with Mr. Cole with respect to my being a candidate for Congress , from the fact that it waau't definite ly determined upon until we came down here to the convention ; there might have been something said about it. Q Was there anylhingsaidabout your being a candidate , and the means > ou had to bring Mr. Howe to your support ? A. There was not , air Q. Nothing at all ? A. Nothing , sir. sir.Q. Q. Let me call your attention to something before the convention , in September , probably , where there waa a conversation with Mr. Cole and Mr. Roaewater together ; do you remember such a converaatiou ? A. I don't remem'T it now ; there might have br Q. Don't jii. iuember there was an intervit- u tvhich you said you knew o' means by which you could fcecuro the supuort of Weaver and Towle ? A. "there never was , or any thing Intimating it. Q Didn't you aay in some inter view about that time In Omaha , that Church Howe waa the only one who had money that he didn't pay back ? A. No , air ; nothing of the kind. kind.Q. Q. Have you ever made a state ment to that effect to any individ ual , that you could secure their support - port ? A Naver , air. Q. Did you , during the Senatorial canvass lately , state anything in regard to Mr. Howe's connection with the election of Patrick ? A. Not to my knowledge. ti Did you state anything in reference to the means you had to bring him to suppoit euch candi date aa should be your choice ? A. Never , sir , never. I w ill state , in regard to that , a conversation 1 had with Mr. Howe , on the aubject my self , i was favoring Mr. Maunders at the first. On the second or third day of the conlest 1 saw Mr. Rosewater - water and told him I bad done aud waa going to do all I could for Mr. Saunders , and , speaking of Mr. Howe , I staled Ibat Mr. Howe had told me If we ever got Saundera where he could be elected wiiii his assistance , he would vote with us. I have heard since that Mr. Rosewater - water hai contorted that into an assertion lhat I could secure Mr. Howe. Q Did you ever make any slate men I as to the guilt of Mr. Howe in the presence of Mr. Porter ? A. That I don't know I don't think I have aiuce the trial. Q 1 nier.n since the trial ? A. No. I don't think I have. Q. You feel certain ? A. Yea air. Q , . That you never stated to him you believed him guilty. A. I never could have stated to him that I believed him guilty. There were many remarks made with regard to Mr Patrick's candidacy for the sen ate and what was said I don't pre tend to say. Q. You mean to deny Ibat you ever had any such conversation as indicated , with anybody , at any place , in wnicb you staled your opinion as to tbe guilt of Mr. Howe ? A. I do sir. To make my answer more full 1 de sire to state here that after the indictment waa found , or rather after tne charge was made by tbe Kearney Press with respect to these parties , I had a conversation with Mr. Cole in regard to it , and Mr. Cole pretended to know- and gave the source of uis information a great maiiv mailers that he consid ered facts with regard to the case , and all the information I ever gut in respect to thia matter if it was true at all I got from Mr. Coleand he said he got it from a gentleman he knew. I was at Kearney at the time the indictment was found , and after the indictment was found , I had a conversation with Mr. Rose- waler in tbe street at Omaha. He asked me what I knew about this matter. This waa at a time I had no connection with the case. I told him that Mr. Timbleu , who drew tbe indictment and was before tbe grand jury in the place of Dil- worth , assured mo he could prove the charges in the indictment. I may have stated to Mr. Roaewater that if they were sure of the facts which they professed to have , that they would be likely lo do it. Afler this I had a conversation with Mr ] 'Cole. He had long urged me to be a candidate , aa well as bad others , and he told me he knew certain things whicn would give him influ ence , which vas attempted to be carried out while the convention waa in bessiou here at Lincoln. I waa of the impression the Richardson county delegation , when we firat came here , was in favor of me for Congress , but afterwards they changed for what reason 1 don't know. Mr. Cole came to me and told me be waa going to see lowle , and if he didn't bring over that del egation he would do certain things to Mr. Towle ; I told him not to do it on my account ; be said he was going to do it auyway ; I went around to Mr. Towle myself and asked nim if he could not support me ; he said he could support me well enough , hut ther were other parties with him who could not. Q. Did Mr. Cole eay in terms that he could bring certain things to bear or what was his expression ? A. He had always represented to me Q. You know to what he referred to ? A. lea sir ; he referred to the charges made against Towle in tbe Kearney Press. Q. And didn't be refer to the fact that you knew that and , know ing that vou could cons'rain them to your support ? A. No sir , beemue after the trial at Kearney J liart ; *