Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 12, 1885, Page 2, Image 2

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    TKE DAILY BEE FBIDAY , JUNE 12 , 1885.
Knlcr * tlie ftyfttetn from miluiimii
cntiftt * ) nt nil cn nii * .
Shatters tlis Jimc' , Itrji lr Digestion , and
Knfrtlilri the Muscle * .
THE
BEST TONIC
QolcklrnndcornpMlrcnre < i.'Unlnr1n < iinclC1iHlfl
anil Kovrn. 1 orliitrrinlllcut 1'Yvors ' , l.iu -
ftltndr , IncU of inor : r > , ft linn no oqnul. It
Miricboa nd tmrifici the Clew ! , utimuUtos the p-
potlte. nnd strengthens Hie mucclM And nervn.
It doon not Injure thn twtbca ohoad ch , or
rroilncooooMlntllon nfloiTirr/rmi mnllrlnmn.
VATitrnT.J.UF.IM.T.tho putrlotlo and scholarly
OMholloUlTlnoof ArkiuuM. nays !
"I li n nyd llrown'n Iron Hitters with the < rro t-
fjt ( jMwhcnon for MnUriv and in prpTontlrn ni
Chilli and like dlwiw * nnd will always keep It on
bind m * roiuly friend "
( IrnuinahM'ihoTo tradernftrkandrroivml red lines
mi wrapper Tnlio no other. Madnrnilybr
HltOwN C'llKUIl'AM'll. , IIAI.TIMOKi : , SIP.
IjADtFB' HAND HOOK HMfnl nnd attractlTB , con
taining list of prlzpi for roclprw. information About
coin * , nto. , ( rtvcii AH-A ? liy all ilnaleni In medlclua , ox
miulinl to Any nddnw on rowlpt nfgiplatnu. .
iif atuBROAQ
BBS ! OPERATIC
SfftOKEST SELLING AND
Olironlr &Norvou < ! Diseases
Oiilrk , Siiro Ciui-s. S-f *
written atinraiit tn
; . „ „ „ .
two utainpi for CVlthrntetl Jledioal
\S'orks Address. K I ) . Ol.AlCKi : , ni. B. ,
1MJ South 1'l.irk Street , Cnn-ino , Ir.u
CONDUOTKD UK
Eoyal Havana Letter ? I
( A. GOVUUNMENT INSTITUTION. )
Drawn at Havana Cuba ,
Every 10 to 14 Days.
Tickets in Fiftbs , Wholes $5. Frac
tions pro rata.
Xabjecl to no munipnuUon , not ooatrolled by Ibt
flirticsln Interest. It IB lh Ulrost thing la the
Bttnreof ch nooln existence.
for tickets tpply to sniPSETcV CO. , 1212 Bro.d
wny.N. T. City ; SOLING Kll & CO. , 103 South 4th 8t
Et. Loals , IIo , or U. OTTEN3 A CO , 010 lUla St.
Kuau Cltv. II0.
Town Lois in Denver Junction ,
Weld County , Colorado.
Denver Junction is n now town of about 200
inhabitants , laid out In 1881 , on the great
trunk railway across the continent , at the
junction of the Julcaburg Branch , 107 miles
from Denver , Tbo town ia on second bottom
land of the Platte River , the finest location
between Omaba and Denver , and is surround'
ed by the boet-layinp ; lands west of Kearney
Junction , Neb. ; climate healthy and bracing ;
altitude 3JM ( feet. Denver Junction bids to
become an important point , as tbe U. P. II.
K. Co. , are putting up many of their buildings
hero , while the 13. & M. K. It. Co. . are expect
ed BOOU to connect at this place. The present
chance for good investments in town lots will
scarcely ever be equaled elsewhere , Per ealo
by the lot or block in good terms by
H. M. WOOLMAN ,
Agent , Denver Junction Colo.
Qlo thousands of cases ol ttie worst kind uttilof l n
Uodlnc h vo boon cured. ImlpM.fOitronKliraifatt
lnlt einc Ttli > tIwlll mnilTV'O HOTTU.3 FKHH
together wilb * VALUABLE TKEA.TISK onihls dljelj.
to DTlufferer , < lli eiireii ncl e. O. < &r\ii.
. . . . . . .
. , . .
ntt > * * * * ? nrTTU * P..D. v. tT.
THE ONLY ESOLUhlVH
IN OMAHA' NKH ,
COWING & GO
JOBBERS It
WROUGHT IRON PIPE ,
UilltiliU nj fait Iron
OB * ! > X > If X IW O S ,
Load PIpe and Sheet Load ,
tTOUTllIXGTOM BTtlB mil's ,
Plumbers' Gas and Kteam Fillers'
IROM & DRASS GOODS ,
fHGINEERS' SUPPLIES ,
tUhADodanSls..OMAHA.NFB
Cor. 13th and Douglas Sts.
Capital Stock , - - - 81 50.000
Liability of Stockholders , 800,000
Piye Per CcntnterestPaifl on Deposits
LOANS MADE ON REAL
OCBooaras
JAMES K. BOYD . President
W , A. PAITON . . . VIM Vimtnr
I , . U. urjJNKTT , . , . illuming Director
JOUNK WILBUR . Cashier
CUA8. F.MANnEttBOH , XIIOS. L KIUBAUi
J , W GANNETT , MA * IIRYKB
TJBNKV PrmnT . K E. 8TOMK.
laniiood Restored
v blrVba n iff wind" VltKU tolitufu
AdOma.J.U.lUiJiVVrt
THE LIBEL CASE ,
Fnrtlier Eridcncc in the Slauflcr Sal
Against the Republican ,
Tito Testimony All in nnd the
monts of Counsel Oommcncoil
Tlio llbol salt of Mr. E. Ilosowator
against the publishers of the Republican
iroa on trial yesterday morning and
afternoon. The testimony for defense
was finished by twelve o'clock , nnd the
arguments of counsel wore coinmnuccd
In the Afternoon.
Subjoined la the testimony continued
from Wednesday afternoon :
Grosa-cxaminalion of Mr. Kosowatcr con
tinued.
Q , Did the company roach to any northort
points with their lines ?
A. They reached t s far na Louisville until
they were cut off.
Q It was imrely a southern system of tele
graph ?
A. It wag a kind of n system , a good doa
of on the tjny ( Sould plan ; it was union it
union lines and robcl in rebel lines , nnd so fai
as their messages were conccrnod they wen
partly northern and partly southern. ,
Q. It was n jnircly southern system ?
A. No , originally it reached from Loulsvilli
to New Orleans.
Q. Was not this telegraph company tmrolj
and solely a southern system of telegraph.
A. It was n telegraph line covering thi
states south of the Ohio river.
Q , Did it reach Into a single northern state
with its own operators nnd lines ?
A , No , Its terminus was Louisville.
Q. During nil this tlmo of the military
operations In TeiiHCBBOO that urmpany wai
carrying on the general telegraphing for thi
confederacy ?
A , The confederates had wires of their owt
hut they sometimes hid to use the other linei
because they roichod places that wo could no
roach ; in that case they tranaiuittcd anything
that came along.
Q. They were transmitting general ines
sages for the confoderatrs ?
A , They transmitted both ways.
_ Q , You wore assisting in theao tranniia
sions ?
A , I was merely employed in the olfico.
Q. forwarding the dispatches that came Ii
and all that sort of thing ?
A , Yes , I was transmitting all the dls
patches sent to my wire.
Q. You staid there until you were shut ii
by the confederate lino. ?
A. Yes , I was chut out by the Union line :
finally so that I could not leave thoro.
Q , You did not leave when you could , and
you could not when you wanted to ?
A. Yes , sir.
Q. Had tha rebels vacated Nashville whet
you left ?
A. When I loft there it was occupied by the
Union army ; I remained there a week attei
tha Union army took possession.
Q. You staid there until the Union army
got into Nashville ?
A. Yes. sir.
Q. Did you quit your telegraphic duties
when the Union army got there ?
A. I quit a week before they nrrivod , nnd
would not touch the wires again , becauao I
was disgusted witti the confeda , and thought
I would get out as soon as possible ; I got dis
gusted with their conduct.
Q. They had n riot there for a week or so
between the leaving of one army and the act
ual possession of the other ?
A. Yes , after the evacuation of Donoleon
there was a riot there by the people who
broke into the quartermaster and commissary
stores and that continued for live or six days.
Q It was during that time that you quit
your telegraphic operations ?
A , I want back and forth to the olQco but
did not do any work.
Q. How long did you stay in Nashville
after the union coldlers got in ?
A. It might have been a week after I had
the wires across the river ; I found that it was
best for mo to go north. I was asked by Gen.
Mitchell to accompany the army south , but I
would probably hove boon picked oil by the
guerillas if I had , becausn they all knew me.
Q. You had his confidence ?
A. Yes , to the extent that I communi
cated to him the condition as they were when
he arrived , and tholr going down through the
country that I had lived In Alabama and he
wanted mo to accompany him , but I thought
on the whole that it was not as desirable to do
that as te go into another department whore
I had no personal acquaintance.
Q. You gave htm a statement of affairs as
soon as he arrived ?
A. I first wanted permission to use the
lines ; the daughter of the ex-governor died
suddenly from fright on the bombardment of
Bowline Green and I being the only operator
the people asked mo to transmit the news
from across the river ; I crossed In a skiff ad
asked to be condncted to Mitchell , and asked
his permission to use the wire , and the next
day Gen. Buel sent for mo. I found Thomas
A Scott there and informed him about the
same thing and bo said that he would like to
have mo put up the wires across the river ,
Q. When the Union forces got there you
went to them and reported as much as you
could the situation and what had been going
on there while the confederates weie in posses
sion ?
A. I informed them that the wires were in
condition that they could bo repaired.
Q They took you nt your word ?
A. Yes sir.
Q. I suppose you gave them what informa
tion yon couldjabout where the rebila had gone
to and all that sort of thing ?
A. I did not know where they had gone to ,
but I stated the condition in which they were
when they left.
Q. You gave them all the information that
you could ?
A. Such information as within the roach of
anybody that hadaccess to what was gain on.
Q , Ic was after this that you were employed
in the union porvlcc ?
A , I went back to Cleveland nnd made an
application by letter to Gen. Ecltort and was
oiuored to report to Wheeling.
Q You went back to Cincinnati before you
took service and then you applied by lettet ?
A. I applied to be enrolled in the Tele
graphic Military corps.
31y Mr. Sa > aga State whether or not
during your residence in Nashville you hud
any trouble on account of your union senti
ments ?
A. I was aout for by Governor Harris and
reprimanded for writing a letter that was cap
tured by them , to my folks nt Cleveland ,
which they thought contained sentiments that
they thought cught not to go out of the state
at that time ; they stated that they thought I
was giving undue expression to union views ,
Q. Was there nny throats made at that
time ?
ft-A. Notlr ; they said they would keep their
eyes on me , that Is all ,
Mr. Thurston You fixed it up with him ,
And it wout along all right ?
A. I had nothing to say to him ; I w w In
the employ of the telegraph olllco , and my
letters wore my own views in the matter.
Casper E. Yost , called and sworn for the
plaintiff , testili d that his occupation in the
month of December , 1882 , was manager of the
Omaha .Republican ; that paper was owned
and published by the Tribune Printing com
pany ; as manager had general knowledge of
its business ! affaire ; the circulation of the
Dally Republican on 20th of December was
about 3,000 , and the weekly upwards of seven
thousand ; the principal circulation of both
papers was In Nebraska ; Trad Nye was nt
time editor in chief.
Deposition of Anson Stager ,
ANSO.Y STAQM ,
at lawful ago , bblnjr by me first duly exam
ined , cautioned , and solemnly sworn , us here
inafter certified , depoieth and eayeth as fol
lows , viz :
Q. State your mine , ocupatlon nod reel-
lencc ,
A , Alison Stager ; I am president rf talo-
ibono and electric light oorporatfonsChicago ,
Q. Do you know the plaintiff Ijlwaril
.loaewator , and if BO , haw long have you
cnown him *
A , I have known him for twenty-five
oars ,
< J What , if any , waj the ofliea you held
luricg the war of the rebellion , or dutiag
iuy portion of tint time ?
A I was la clnrjo from tha opening of the
war until November , ] S01 , of the telegraph
tua in Ohio , Indiana an 1 Illinois , under *
lit ) authority Of tha governors of those ,
tate , and oho by directions of Gen , Mol <
Clpllan In West Virginia. In November
1861 , I WAS commissioned optain And assist
nnt quartermaster , nnd by order of thn tecro-
tary of nnr Appointed chief of all Unitot
States military telegraph" , with headquarter !
nt the war department. I remained in charge
of the tolcgrftphs until muttered out , nftoi
the war In 1805 ,
Q Do you know whether or notthoplaintifl
WAS nt any time durinp the war in the service
ot tha United States government , nnd If he
was , what was ho doinq ? State ns fully At
you can the services Mr. Ilosewater had tc
perform ?
A. I know tlmt Mr. Rosawnter was em
ployed at various points as military telegraph
operator. The exnct places and dates I dc
not now remember , I know ho was em
ployed in the war department while I was
there. I should say some months , His ser
vices there were Inttho receiving and trans
mission of official dispatches by telegraph ,
Q. State whether or not , if you know. Mr.
Ilosowator wat over in any way regarded nt
n confederate spy ?
A. I never knew tlmt ho was regarded ns
n confedernte spy.
Q. State what , If anything you know in re
gard to Mr , Ilosewater's loyalty during the
time you know of blm.
A , I believed him to be n loyal man , 1
became acquainted with him first in Ohio bcv
fore the war , and would not have had him in
the military telegraph in nny capacity , mucli
loss in the war department oQico If I had had
any doubt whatever nbout his loyalty ,
The plaintiff offers'in evidence the Oniali.i
Dally Republican of December 20 , 22 nnd 23
objected to ; the papers dated the ! 20th nnd 22cl
are admitted ,
The plaintiff offers in evidence transcript
warrant with certificate of policeman , cotr
plaint and recognisance of bill of the state ol
Nebraska vs. Casper 13. Yost and Fred Nye ,
Objected to as immaterial , irrelevant nnd
not being against the party to this suit ; sus
tained.
The plaintiff offers in evidence the petition
and answer In this case , but the court decided
that It was unnecessary to offer them ,
J. W. VAIL ,
sworn for plaintiff , examined by Mr. Slmcral ,
toitlfiod that his business was n telecrapli
operator ; was employed nt Omaha in the
Western Union ollico ; have knowc
Mr , Kosowater since 18G3 ; know
him nt that time in Washington
as In the government employ ; hia duties wore
transmitting messages and receiving them ;
never heard anything against Mr. Koaowator'i
reputation at that time while in the war de
partment as to loyalty ; I say it was good.
Cross-examined by Mr. Thurston ,
Think I was there about a year as near ai I
on remember , did not know him up to the
time that Grant's forces occupied Nashville ;
was not In that ptrt of the country ; do not
know what his reputation was down there ; do
uotknow what it was in different sections of
the country where ho worked before ho wont
to Washington.
Q. All you know is that among you telegraph -
graph operators at Washington there was
nothing said ona way or the other about that
is not that it ?
A I do not remember of hearing anything
in regard to it whatever ,
Mr. Simeral State whether or not there
waa great watchfulness over everybody con
nected with that department ?
A , Yes sir.
Q. If there had been any disloyalty or sus
picion of disloyalty it would have been found
out would it not ?
Objected to.
L. H , KOirrr.
sworn , examined in chief by Mr. Slmoral :
My name is L. II. Korty , my business is
telegrapher ; have been in that business about
twenty iivo years ; was connected with the
military telegraph corps ; never met Mr. Rose'
water during the war ; know him by reputa
tion.
tion.Q , What was that reputation as to loyalty ?
Objected to ; withdrawn ,
Q. Is there such an organization as the vet
erans of the telegraph corps of the army ?
A , There Is a society of the military tele
graph corps.
Q , Who are the officers of that society ?
Objected to as irrelevant and immaterial ,
Q , Did you know his reputation among
the o who knew him during those years as to
"oynltv ?
A , I never heard his reputation questioned ,
Q. Did you know what his reputation was
at that time.
A. So far as I know it was good ,
Q. What was that reputation , good or bad.
Objected to.
Mr , Thurston Where was you during the
war ?
A , I was in the southwest.
Q. Did you know Mr. Iloaewater at tha' '
time ?
A. No sir.
Q. When did you hear of Mr. Rosewate :
at all ?
A , I hoard of him In tha southwestern
army as late as 1SG1 ; I heard of him befon
that.
that.Q. Do you know any of his immediate
sociates in the army where ho waa in othei
words did you have any way of knowing what
his reputation was in the army where ho was ,
as to hit loyalty ?
A. The means that I had was through th.
acquaintance with him of comrades of mine ,
whom I have hoard speak of him frequently ;
they were associates of mine in the telegraph
corps : they knew him during the war ,
Q. ( Mr. Simeral ) . What was that roputs
tion for loyalty , good or bad during the war
A. It was good.
Cross-examined by Mr , Thurston.
Q , Did you ever hear any talk about hi
reputation one way or the other before hi
capture nt Nashville an to what his rcputa
tion bad been for loyalty ?
A. No sir.
Q. The comrades from whom you heard di
not know what ho had been doing ?
A , I think not
notmi.
mi. WAIIBEN
sworn , testified ,
I Uoaido in Omaha ; know Mr. Ilosewater ;
have known him since the spring of 'uS ; firs
know him in Cleveland , Ohio ; at that tim
my business waa telegraph operator ; Mt
KosQwater had just graduated at a commercial
college and was necking a tituatlon as book
keeper ; met Mr. Rosowntor in the south , a
Stnverjpon , Ala. ; think it waa cither in tin
full of 'CO or 'GO ; it was a few months provioui
to the celebrated Charleston convention
know him for cuveral months right along un
til I loft Nashville ; loft there at the breaking
out of the war ; wo were intimately associated
on the samn line , I worked at Murfroes-
borough , Tonn , , where ho had
formerly worked and _ they called
him an abolitionist ; think it was in the spring
of 18UL that I left Nashville and came t <
Cincinnati.
Q , Did you know his reputation at Ilia
timt ?
Objected to.
Mr , Thnrston From December , 1800
after that time was you living in the satm
community whore he was ?
A. . I was living at Nashvilla a part of th
time ; I cinnot toll as to the date.
Q. During any of that tlmo between those
dates were you living in the same community
with Roeewater ?
A. I was living in an adjoining state ,
Q , Do you know what the people said o
him at that time down where he was living ?
A. He had formerly worked at Murfrees
borough ,
Q. Did you come in contact with anybody
from his locality after rocemhor 1 , 18CO ,
A , As to date I cannot answer.
Q Have you any personal knowledge of the
part ho was taking in affairs down there ?
A , Ho was acting in the name capacity 1
was ,
Q , Can you swear that you had any per
tonal knowledge of anything that Mr. Rosewater -
water did outside the performance of his du
tics the duties of his position after Decem
per 1st , J.8GO , up to the spring when you
A. I cannot confine myself to the date ,
mi lie wrote mo many letters at various
.Imea
Q , I am not asking about letters don't
roil know what personal knowledge it ?
A , 'J'liat would be personal knowledge ,
Y. Tlmt la ycur understanding of personal
mcwlcdgel
A , I would recognize the gentleman's hand
vrltlner , and wordu and eentonces ,
Q. Do you und'ratand that to bothat I
nean by personal knowledge ?
A , I understand that to bo personal knowl-
dgHtbat he woito mo tlmt letter ; I mat him
u Nashville shortly after the electjott , we had
i talk and then I knew that ho was arepub *
icnii.
Croes oxmnlnad by Mr Thurston.
When I left Nashulle I went to Cincinnati ;
id not 4 e Mr. Kosewater again durlrg thA
, -ar ; lnf'Na.uvillo before the confederates
ad poBM f.ioii of it.
Kuwaiti Kueowater ra called ,
Q. A i a you a married man *
Objected to as Immaterial aud Irrelevant ;
\criuled ; defendant
A. I nm ; nnd have five children , three girli
and two bnys.
( J. State whether or not you were ever nr
rested by the troops under Grant or nny othei
officer and charged with being n confederate
spy ?
A. I never wa arrested for nny cause ex1
cept when Has call had mo arrested for carry
ing n revolver.
12. State whether or not you are n mcmboi
of the society of military telegraphers of the
Unltol Stalest
Objected to ns Immaterial ) overruled.
A. I was a member of the Buddy of the
United States Military Corps nt the time
when this publication was made ; I was vice-
president of the local branch nnd have been
ever elnco , but not of the National.
Cross-examined by Mr , Thurston ,
I WAS not taken chnreo of by nny officer 01
parties of tlio union army nt Nashville not
took to the general officer there for the mason
that Col. Thomas A. Scott who was assistant
secretary of war , took mo from Kdeefield
across the tlvcr in a steamer ; when I first
went into the union lines I was not undei
arrest.
With this the plaintiff rests.
FltEU NTB ,
sworn for the defendant , examined in chiei
by Mr. Tharston , testified :
I Iivo in Omaha ; know this extract which
was published In the Omaha Republican De
cember 20th 18S2 , I know the paper
that wag copied frein by the Republican ;
it was trom the St. Taut Phonograph
graph ; that is n copy of the paper con
taining the article which was copiodroforriug ] (
to a paper , ) at tint tlmo the St. Paul Phonograph
graph was a paper in general circulation in
this state ,
The paper above referred to Is c Herod in
evidence nnd received over objection ,
Have lived in Nebraska twenty seven
years ,
Q. Prior to the publication of that article
how general had been your acquaintance with
men nnd particularly old soldiers throughout
the state ?
A. I have been for seven nnd ten years ed
iting different papers in this state and of
course met a great many public man nnd sol
diers ,
Q. Do _ you know whether or not ptior to
this publication in your paper that that ru
mor as to the o charges nijainst Rosewater of
a similar kind to that had been generally cir
culated and believed throughout the state of
Nebraska ?
Objected to as lending.
Q. What If anything do you know as to
the general circulation _ in the state of Ne
braska before the publication of the charge
that Rosouater had boon nrrosterl by the
union Army as n rebel spy aud of his having
been dislojal to the country , aud about the
breaking out of the war ?
Objected to.
A. I had heard the charge , as my memory
serves mo , and I had seen it In print before
this publication in the St. Paul Phonograph ;
I could not state how general , but it was a
matter of some years during which
I had heard that charge ; aa to ex
actly how extensive , I could not say ;
I think the most specific charge of the
kind which I over hoard against Mr. Rosewater -
water was from Mr. Vandervoort in Omaha
some three years before this publication when
I was publishing the Newn here ; it is my
memory that it was published in the News at
that time ; to give a definite answer it is very
hard to state how general ; it had been so
general that I considered it n matter of com
Dion knowledge ; that was before this publica
tion.
tion.CJ State when and how that paper dated
the 22d would be made up ?
A. It would bo made up from the papers
which preceded it and would contain selec
tions from those papers which had prtxaded it.
Cross-examined by Mr. Savage :
Q , You have stated that the article upon
which suit is brought is a copy of the article
from the St. Piul Phonograph ; will jou ex
amine the two again , and state whether you
are willing to swear that they are copied one
from the other ?
A. Yes sir ,
Q , Then the article that appears in the Re
publican is precisely the. eamu as the article
in the St. Paul Phonograph in every respect ?
A , Yes , I should say so ,
Q. Will you read the first two or threi
words of the article in your own papet ?
A , "J.et tbo sinner live. "
Q. What are the first two or three won
in the other article ?
A , "Rosewater makes a piteous appeal , "
Q. They are not the same ?
A. The article is the same ; the articl
itself ; the title is explanatory of the article
that was written by me ; I took this articl
out of the St. Paul Phonograph and inserts- -
it there , and put in the heading , "Lot th
Sinner Live. " Tlio morning edition of thi
daily Is made up at different times in th
night , the selections tor the edltoria
would be generally made in the afternoon ,
The daily of the 23d would bo made up th
nifjht of the 22d and morning of the 23d ; had
edited several different papers ; The Fremont
Tribune and the Omaha News ,
Q. You had heard this charge as to Rose-
water's loyalty who , besides .Mr. Vander-
voort ei er spoke to you about that charge
prior to the 20th of December , 1882 who can
you name ?
A. The time when Vandervoort made tha.
charge there was considerable political excite
ment in this state and during that time I beard
that charge frequently made as apportion of the
argument against Ilosewater ; I cannot tellfrom
whom ; it was a matter of general hear eny ;
cannot name n single individual except Mr ,
Vandervoort , who told mo that Rosowatei
had been arrested as a rebel spy ; think Mr ,
Vaudervoort is in town ; saw him day befon
yesterday ; met him on the street ; knew then
that this casa was iminent ; Itwas so long age
that I do not know the authority Mr , Vander
voort gav.o me.
Q , What reason did ho glvo you , if any , fo
Baying that he was a rebel spy ?
A. None ; he volunteered it.
Q. Did he pretend to have any kuowkdgi
on the subject ?
A. I think ho did.
( .i Pretend to have any personal knowl
edge ?
A. Ho pretended to have proof la my rco
ollection.
Q , Did ho say what that proof was ?
A. No.
Q. Will you give the exact language ai
nearly as yen can when ho nmdo that state-
uient ?
A. I can't remember the language ,
Q , It was that Rosewater was u rebel
A. I cannot sav that ho used exactly those
words , but I gathered that impression from
what ho said.
Q. I am asking for the language as near n
you can recall it.
A , I cannot remember one word of the Ian
gunge that ho ui d.
Q. Did he say what proofs he had that you
recollect ?
A. No sir.
Q. When was it tint you had this conver
catlcn with Vandervoort.
A. I cannot eay ; it was some time before
this publication.
Q. You speak of it as n time of great politi
cal excitement what particular question was
on foot ?
A , I don't romomber.
Q. How do you know that it was a time of
Treat political excitement if y > u can not re
member when it wae ?
A. It was an attack on Rosowater'a politi-
: al character.
Q , Itwas on his political character the
ittacKs were made ?
A. Entirely so.
Q , Is its part of your custom to attack n
nan outside of his political record when you
ire politically opposed to him do you attack
lis private character ?
A. This was considered a part of his public
ecord.
I } , You do not regard It as an attack upon
i man's character to call him a rebel spj ? It
i merely to his political standing ,
A , I do not regard it as an attack upon his
irivate chancier with a considerable political
earing ,
Q , It is on his political record that you
mda this attack when you published this
rtlclo ?
A , I could not swear as to that ,
( i. The date of Una Is December 22 , 1832.
Vhat election was pending then , or what par-
cular political excitement wai tbtre then to
idncu you to attack KcueMator'd private
Imracter ?
A. I didn't nttacV It.
Q In that all the answer you desire to
iale ?
A , I dun't know that there wai ( my pollt-1
: al excitement at the tlmo.
Q. You i-ay you didn't attack hia private
laraoter ; didn't you insert this article- ?
A , Yei , sir.
Q Have you not ; jnet eiid that yon re
anloil it us ati littcck upon his tirivftto char-
Hot ?
A. I might have , origtaally ,
Q. Made by you ?
A. Yee , * ir.
(2 ( , Didn't you insctt it in the paper }
A. I published it , but not as an attacl
upon hi * character.
Q. Why did you inseit that nt that partic
ulnr time ?
A. An n matter of news and comment ,
Q. Is it true that you Inserted It ns n mat
ter of news ?
A. In one it might bo considered so , and in
the other , comment.
Q , Let us look at the question of news
this was known nnd believed all over the
state that he was n rebel spy ?
A , I can n at snrcnr ,
Q Did you believe that tiila wan generally
known over the state ?
A. Yes sir.
Q. Then , If generally known over the state
why did you publish it as a matter of now * ?
A , I supposed there wore n great many
people that dld'nt know it ,
I } , And you published it with the design of
inlormlngall thcso people that didn't know
It ; is that true ?
A , I published it as any other thing that I
would take from n country paper ,
( J , Would yon have publuhed the same
Ihlug if it had been against Judge VVakely.
Thurston or Hall , or nny Individual , if It had
nppcnred In the St. Paul Phonograph !
Ai I would , under the snma circumsttncos.
Q , If you had the same feeling ?
A , Not that , but if it had been generally
understood nnd published for several years ,
nud hy seeing it in this panor Bgainst any
gentleman who had not denied It to my knowl
edge , I might have public heel it.
( j , Your idea is to publish articles that are
generally known nnd not denied - you say
tlmt under the circumstances which would
have induced you to publish this would have
induced you to publish it against any reputable -
blo citizen of the state if It was not dented
do you mean to say that this rumor had never
been denied ?
A. At the tlmo of this publication it had
not boon denied ,
( J. What publication ?
A , The first publication of the article.
Q. Had it been denied at the time of the
second publication on the 23d ?
Objected to as improper cross-examination ,
immaterial and for the reason that the proof
shows that that publicatian was not on the
23rd.
23rd.Q Had it not been denied prior to the
second publication in the daily which occurred
on the 22nd ,
A. Yes it had been.
Q. When you hoard this story or at nny
time subsequent to the time of its publication
by you , had yon made any efforts whatever
tn verify the accusation or to ascertain the
tiuth in regard to it ,
A. Mr , Kosowatcr had bren conducting a
paper in this city by which he could defend
himself , and I very naturally supposed that if
the charge was untrue ho would have made
such n defense ; I nuvor had eecn n defense.
CJ. Can you find or bring into the court
prior to December , 1SS2 , any newspaper mak-
me the charge that he WI.B a confederate spy
or in the confederate army , except the Ht ,
Paul Phonograph of the age ?
A. I would not swear to that ; I can try.
Q Do you deny tlmt these rumors had
raachod Roaowater' ' cart ?
A. I couldn't swear to it.
Q. You made no eifort to ascertain the
truth of that rumor ?
A , I made no special eifort.
( J. The words "Let the sinner live , " in the
heuuiiiR of the article , were wtitten by you ?
A. Yes , sir.
Q. That was made ns a heading [ to the nr-
licit ?
A. Yes , sir ,
Q. You were on friendly terms orunfriendly
with. Mr , Rosewater ?
A. Personally wo were not very friendly.
Q , How long have yon known Mr. Rosewater -
water personally ?
A. 1 think my first Introduction to him
was in a republican convention m 1870.
Q. Have your relations been unfriendly
from that time or friendly ?
A. Our relations have never been friendly
or unfriendly until I came down here to pub
lish the News. I had met him very seldom
in the meantime if at all ,
Q. But you never-asked him with regard to
the truth of Vaudervoort'a
or falsity state
ment ?
A. No , sir.
Q. You never got any one eho to ask him ?
A. No , sir.
Q. Up to the time that you came down
here to publish the News had your relations
been iriendly or unfriendly ?
_ A , They had besn both friendly and un
friendly in a professional way. During the
time when I wna awny from my office my
partner wrote an article which Mr. Rosewater
afterwards sued the paper for libel on ; but ,
personally , I had no enmity towards Mr.
Rosewater at the time.
Q. Your personal enmity towards him sub
sequent to that time did not arise from the
face that you believed him to be a confederate
spy ?
A , I do not swear that I have had any per
sonal enmity to him.
Q , Your unfriendly relations did they
arise irom the fact that 3011 believed him to
have been a confederate spy did you believe
liitn to bo a confederate spy ?
A. Yes , sir.
Q , When you wrote ( hat article ?
A , I didn't write the article ,
Q , When you wrote the heading ?
A. "Yes , sir.
Q , When you published the article ?
A , Yes , sir.
Q. From what did you make up your belief
that ho had been ?
A. From the general rumor which I had
beard concerning it myself , and from the fact
that I had never seen a denial from Rose-
a tter.
Q. General rumors , and yet when I nsk you
to rastan you down you won't Bay that any
body over told you that ho was a rebel spy or
where the word spy was used ?
A , I take it from the very fact of Ha publi
cation tn this paper that it was n matter of
general notoriety ,
Q , That is your general jule , if you see
anything In n paper of this kind to believe
that it is u matter of general notoriety ?
A. Yes , in the country papers of NtbrJiBlcn.
( i. Whatever is published in a country pa
per is old before it h published ?
A. Not ucoaaaurlly.
( J. It is ft matter of general notoriety'
A. I would say that a matter of this kind
: oncorning an Omaha editor , that had found
Iti way into a St. Paul paper would bj a mat
ter of Central notoriety.
Q , Did you ever hoar'of the editor of a city
paper , or a person deaitingto slander another ,
send out to the country In the first Instancs nn
article which he desired to have published for
the very purpose of having it come Into the
: ity us having it came from a distance ,
A , No , I don't ' think I over heard of such a
: ao ,
Q , Alight it not have occurred ?
A , It might.
( i , I3y whom was that paper edited ?
A. If. A. Kendall.
Q , Was ho friendly or unfriendly towards
RoEewater.
A , I should Judge from his article that he
.vas unfrlandly.
Q , Do yuu know outside of his article ?
A , I never mot him in my life.
Q , Have you read the paper to see whether i
hera were other articles of the same general
: haractei ?
A. Yes. sir.
Q Do they state that ha was unfriendly ?
A. Yes , politically.
Q. Do they not indicate that he had great
icutility towards Mr. Rosewater , |
A , They Indicate great political hostility. (
For washing clothing , and all laundry
nd cleansing purposes , JAMES Pk LE'S
'EAllLINK Is a fivorlto compound. It
Iocs not injure tlio fabrics , and styes a
real deal of labor. Sold by grocers.
Apaclio Itntolicrica.
SAN FIMNCISOO , Juno 11. The Bulletin's
'ornbstone , Am , special says ; This morning
ohn Slaughter and J. J. Patten , who ar-
ved there from SwieehelmV , report that the
.pacbog killed four soldiers belonging to
apt. Lowno's command , Tuesday last , in
uadaloupo cnnyon , A Mexican named
( how waa killed last night by another band
' Apaches , fix miles south of Blibee , in
fhotitono mountains.
el
Hien Jlaby waa > lck , vre give her Caitortft ,
'lien eho iras a ChUd , eke cried for
T
rhen ulio became Mis , aha clung to CaturU , U
Ti u tbo hul ClUlilreu , ebeearo them CastorU
NOI A HOO1C AGENT.
A Gftllnnt Gcncrnl Unncrtukrs to He
KII Kailssary of LiUtlo Cupid ,
There la a general of local f.imo , enyi
the San Francisco Chronicle , who wonl
through a very unhappy quarter of an
hour a week or BO ago , llo had just re
turned from the oast. There ho made
the acquaintance of a young gentleman
who is tnpaged to bo matrlod to n very
charming Oakland girl. The truth , that
nlnaya h the necessary of eopnrartlon of
lore-a , burned In the jonug man'sbroast ,
and lie took tlio opportunity , when the
general was loav log , to load him down
with messages ok" love nnd a book for his
finances. The gallant warrior midottook
the commission with nil willingness , and ,
when ho had rested from his trip , ho
started off ono Sunday morning for
Oakland , with the book under his arm.
IIo sought out the address given him ,
for the young girl was a stranger to him ,
and , as ho approached , ho aw n lady
seated on the stops of an Oakland villn.
IIo opened the gate and walked In with
an Imposing nmtla ) nir. She eyed him
with an nnfavornblo look.
"You arc Mra. JonkiEmn ? "
"I "
am.
"I have here n book "
"I don't want any books. "
"Is there a BHea Jenklnsonl"
'Thoro ' "
is.
"Is she at homer1
"Yos. "
" 1 have here a book "
"Miss Jenkluson doesn't want any
books. "
"Hang It all , madaml I'm not a book
agent. Your daughter's sweetheart In
JNov Yotk asked mo to deliver this book
to her vrlth his lovo. I don't care a
darn , whether she wanta It or not. Here
It is. Good day , madam.
Pomctlilng to bo Hnppy Altoitt.
When n man is only a little bettor , ho
looka up and Is tnoro cheerful than ho
was. Mr. John W. Willlnmr , of White
Hock , Arkanpas , had long been an In
valid and a sufferer. IIo now writes : " 1
have been much pleased with Brown's
Iron Bitter ; , aud now believe that I am
perfectly well. " No physician could
bavo eecurcd a better rrsnlt than that in
his practice. To bo had of any reapocta-
bio dnuglet.
Four I'nlrs and a Honeymoon ,
Detroit Fieo Press ,
There was tv wedding tour In this
direction the other day , and the happy
cooplo wore accompanied by three oth-
cra. It was a sweet spectacle to eeo the
fonr pairs promenading up Jeflei.stm
avennn with hands claspad and n , tally-
like smile spread over every face , and
hundreds of ptdestiains stopped to gaze
and odmiro. The porter of a wholesale
house wasn't ' quite satisfied with what ho
could BOO , but stopped the last ccuplo and
inquired :
"Is it a case cf love ? "
"You boll" replied the young man.
' ' .Arathoy extremely happy')1' )
"Jest a-billng over , tir. "
"Why don't you and this fal follow
suit ? "
"I'm parfcctly willln' , but Sarah ker-
flunks un me , I've asked her over
twenty times to have mo , but It's no go , "
"Never I Never 1" eho firmly said as she
rolled her cud of gum to the other eido
for a moment. "When a man takes mete
to a circus and crawls undir the canvas
to savu expenses , and then can't see the
man with tLo lemonade nor the boy trlth
the peanuts , I wouldn't hitch to him if I
bad to go out and .sot a bear trap to catch
i partncrl'1 '
Horaford'H Add Phosphate.
DECIDKD BENEFIT ,
DK. JOHN P. WUEELEU , Hudson ,
M. Y. , sajs : " 1 have given it with do-
; Idod benefit In a case of innutrition of
.ho brain , from abuse of alcohol. "
Caueo or Short-Sl htcdncss ,
English Exchange.
As to how ono becomes near sighted ,
H. Sarcery observes , first , that "an-
Iqulty does not a earn to know what this
Itfect was. " "You know , " ho says , "of
That enormous dimensions the Greek
tud Roman theatres and circuses wera.
Thirty thousand spectators would sit at
iaso in them. None ot them over had or
bit the want of opara glasses. I Imagine
hf.t ic was with tno ancients as it Is with
mr sailors of the present day. Accua-
lOmsd , from father to eon to look at ob-
ecta in the distance , never reading and
titling sleep repose their eyes DO aeon us
ho sun sot , they acquired that oort of
ilorcing sight that Fonlruoro Cooper llkoa
o endow his savage Indians with. " Jn
ho present day , M. Sftrcoy cntlnno3 ,
non wear tholr eyeaight out In Ilia day
line by excessive reading and writing ,
nd in the night time by gas light and
vorhobted atmosphere. The proportion
f shott sighted people , according to that
olobrated occulUt. M. Perrln , whom M.
iarcey cites , ban increased in the largo
; overnmont schools from thirty to fifty
ior cent In fifteen years. And in Gcr-
aany , it appears , matters ere still worse ,
lecauso tht > Germans read more than wo
.0 , and their Gothic typo Is still more
aligning for tbo eyes than are Roman
haracters ,
Tbo Jinut of the Kvll.
To thoroughly cura ecrofula It IB
tecoEsary to strike directly at the root of
he evil. This la exactly what Hood's
arsaparllla decs , hy aatingnpon the
> 'ood , thoroughly cleansing It of all 1m-
mii'ics ' , and leaving not oven a taint cf
crofula in the vital fluid. Thousands
the have been cured of scrofula by
lood'a Ssraaparilla , testify to its wonder-
al blood.pnnfying qualities. Sold by all
Tagglsts.
Killed { > y a 'IruaulicroiiB Holler ,
CliDAit liAi'iDB , June 10 , L. If , and S ,
Icnman , father ami son , were killed by the
usting of a boiler in their small steam boa !
n Cedar river a four miles below here to-
ay , Tha father was thrown 150 feet and
illcd instantly. The son lived three hours ,
LIVK
IGJEHTTS WA.NTJSJ *
To wcrk Tilfoimil Accident Imurunco for
iw York company , In uvery tswn in Nolimka unU
na , Ciood coiumlatloa to Kiirkore.cldruw
K.O. WU.COX&.UO. ,
General A cntf , Kamae City , Mo ,
[ AIBUEB-ilEEIOa
PACKET COMPANY.
irocfc Line for England , F/auce
and ( iennaiiy.
rts ecnnhlH | ol thla well knovu line te bull !
Iron , la water-tight oompirtmtcU , and ro lor-
ihej ultb oiirv rotUletu | ! tg uuke the | ) u < jt ;
th bila Mid n/rtoalilti. They carry tbo Uiiltci )
Uoa nj European malls , bud luavo Now York
> u aaDi.nd ) BaturilB-B ) for I'lymouth ( LONCOH
erlK ) h'l'AUIS ( aud IIA.MI1UUU.
llatfi , FJut Callu , tao-S100. KtiHY&Ke , to 01
imlltmbiuK 810. U. II IUCIAIlO.i0 [ ( ; ,0ii
il I'nM Agents , Cl Broajwoy , New tuik uid
uhlujou . n 1 Li Bella ntcitet' , CJ'.li-ago , or Jlcnrv
milt , Uaik Ilauion , F , K. iroorcs , Harry Douvl In
a ha0joue ; li ; fcSchocufuon , ia Council
.
° u
Rheumatism , Ncura1nia , Sciatica ,
Lumbano , BackachD , Headache. Toothache.
keri ! < TlirniiS clllnc .Ni < rnhii > , Itriil > r ,
IturiiR , SculilH , 1'iiisl Itllcn ,
5r > AitiiTiirn iinii\ ! ( i > i > s AMI AMII %
SolJtjPriiwUII ndl | Vi .v mil , , . tinjOrnUilluUta ,
Mrrctlniutnll f n iinitr *
TIIK cii.viti.r.y A.\o > i'tiit : co.
Vumiton U A. \ OOtUtt CO.J lUlllmons ) M. , t. T. A.
S . , Sf
\ \ 111" f9 itfci'Ji hH1 > ) * ! ' ' '
lajie * * m ' j f in ( univJt c f O i iir Ni > v t fi 1
Ail Biom t > i i * * . tHt , 4r > r aftrr I'tjufU . ,3 0 - i JV
IJflti ft * ) ' ' "hnir * n \ r. , ' ) rrkl'lAntk ' ln n
Nervous l'rostrjiiit ( ( , Drbiltt ) , Mout < r * > 4
fhjslcal Weakness , \1crciirliilanriotho t-
Kens nf Throat , Sko ( nSonn ! ; , Olonil Pofi - ?
"Diseases Arislnq Iron 'ndincrclfon , ExVosr
CxpOSUrC Or Irttllllgonrtr nlmh p-Mcc * f > 3tns of INi
> lowlne ; Bi"i' tro . 3. | V. 3jranet > er rl N
fnjac'tetlvr mcm r * ri npii-s on is fort , ft-jMtM d Mfi
v MI Ion to ihi oelt' of F IHM'V ' sniittt of 13ft-t , t * \
F nilorinc Murrlnco improper or unhappy , * t
j. fniiofi tjeorotl I'ltnf i ' ( ft ( IRC * tr < n it * iit > of t %
i * if fttri ) f > " " 'ppr * , 'trt t AH * i5 < irt > C i'ultaUon t ff
A JPosltivb.Writjen Guarantee
fninyhlcu Kiiitllali or O'rroan , ( U rac' " , >
) fflffia"'y ' '
AaRVRA ? tr)00r
tt3pn , CoetiloUo Iltoittfctosl tn * ' ihinJ
i - , mi n * * T I A t * f .nic , | nr * t * t * t S. 8. * filt I t v
n AIM i'l ' 14 u * 6t2 ! dmhOSi or Uqn'r't1 ' * * v a
k .w i I ? i . tattrw * t. * < i.u t ir
ta Meal Institute
f W.Chartsrcdby theStnteofllli-
rclictln
allclironn.urmaryondprt-
discotca. Gonorrhoea ,
VVcKl.nras , Nujlil Losses by Dreams , Pimples on
the FaceLost Manhood , 7 < ris/ffr < //i'ir | < Ilicro
tmiuc.riirriiiiciiHiiti. The appropriate > cmcdy
is at once used in each case. Con v Itai-jnu , per
sonal or by letter , sacredly confidential. Med
icines sent by Mall nnd Express. No marks on
package to indluitc contents or ccnacr. Address
DR.JAMESMo.204Washinnlon Sl.Chlcagolll.
, , . . ITIUCI , Mlolj. , Feb. , 1M1
J. M , J/x > n & Co. . Morao , Mich.
QKMS 1 nir USIIIR jour iluld Eitrnct Ei > d Cloror
Dloidom and Wet Comprcsi for Cancer on tJio breast ,
and nm well. I nm Eitlsflixl it fa the best remedy for
CAncf r known. 1 on nro welcome to u e this for tbo
boneflt of putrerinir humanity.
HesiKctfully , MK3. L. A. JOUNSOK. I
J * 21 * TxioflK & Cn. , MOVROK , Mlcli *
QKNTUMitv-Myvfirolmnforiiomo tlmo boon nfflicted
with Bonullilnf llkonKroruloua cilwAeo.miil found no
relief until tbeeato jour Kxtrnct of ll 'i ( Jlov ratrial.
I urn hnrpy to eay slio liiu ) oxpprlrnci > d urrat relief.
Thli la nut a Flight tc inionlnl or mj appreciation ot
jour efforts In Iwlmlf of luimanlt ) , Mhlch you are
welcome to use for tholr l > enrlt. (
_ A laiu , > cryrcsp > ctfullr. H. AMIS , j
TOLEDO , O. , Doe , 1st , I88i
J. St. Loom * Co. , KOVROI , Mich.
HINTS 1 oommwjcpd'tnKinff your EXT. nod Clover ,
Vo yearn npro , for h'rj slix Ins , and hnvo not boon
.roubli'd sinco. It is hereditary with mo. Think you
la > e tlio best blood modlcluo known.
Your truly , yr. M. SEIBEUT.
K. n. flyman , of Ornnd n/ipltjs , Mich. . say Afttr
! wo Doctors iKlvKccllilm touso Loose'dKn. K l Clover
.or li bo/1 case of lpzcmn , or 1-evcr Here on the lep1.
3nly ntt d t o pounds ot your Solid Extract ) led Clover.
\m now well.
AsaSnrlng UedlclneTonloand general Mood rort >
ler it hu no equal , Kor xolo by all di-UKghita , or J. M.
k > ese & Co. . Monroe. Mich ,
nl I -'o.i.i ' . 'lit HJ.AL'I"--
7iT.-/vv"yv , " ' ' * luoll cr YOUTH II , ' *
tfJ-pK/SH / : ! ' ' Wari-i'Apiu'litf I
"W5M'5rfv ' - ' ' " ' ' * " ' 'I'mri'
Sy./WjK I'Jii" ' 'iiMuli '
/ 1\i \ ilulcif
Oil. I < < 1 -LJ. 1MII1'U'J II' !
tM.ll'U III V.IDP
II 'II 111" lllllMl U t
' , la'I Jirili '
t/ktfi\f"f * '
' > " t ' ' ° " * ' ' '
. A EJ * & f \ \ . ' \fto \ tl"lVe'1'-1/ / ' i tI
1 it , DK. Ci Zil'rai'ES t.tOH 'U5HI3 a onli.u. .
'f < 'j eiir , r ,1 Lb. : i-iut-r , tl''iit.iy ' roiupU1 v' ' "
he [ lOplllarll } 01 lilt ul , MiMl Do ! ! > ' * . ' *
lll- Ll I III- 1)1,11 INM V , | J 111 lil I
" * iIii . ' 'w ! Vf.'i "u/-UitKAia'TltX / ) ! ! 3
no * i > lrtintr , < ' -'r' , , , ' i ; n-r I . . . ff ' I
A PERFECT SHOK
, MIBCZO&CHILDRCN.
OUR PRODUCTIONS RCPnCOCNT THE
PERFECTION or CHOC-MAKING ,
IN THEM CVCnv OBJECTION FOUND
IN REAOV'MAOC BHOEO IS REMOVED.
THE SUCCESS KT OHCC ATTAINED DV
OUR GOODS WHEFIEVCR INTRODUCED
18 OWING TO THE FACTTHATTHEY flRC
CLOVE-FITTING , ELEGANT IN STYLE
AND FINISH , OFTHt FINEST MATERIALS
AND WORKMANSHIP , AND MODERATE
IN PRICE.
THE HORROrtO OF BREAKING * IN ARE
AVOIDED' TriEV ARE COMFORTABLE
FROM THE VERY FIRST.
WE MAKE 15 SUES I IN 14 WIDTHS !
AND 6 SHAPES OF TOES AND HEELS.
'nw c i/ie Soles ,
J. & T. COUSINS ,
NKW VOUK.
imported Beer
IN BOTTLES.
lancer . liaiarU I riiluibiJur . . . . .Iltuarla
IHT , , Bohemian | Kalaor . . . . Uremcii
itluelecr. , . St Louis /nlmipcr i . . . . . St. Louis
bt'd . MIlKftUlnu i BcljlitItnor.llll | t auktu
ur'a . . . . . . Omatik i Ale , 1'vftur , Domontlcnuil
lihliiu Wim-a.
D MAUBER. 12 ] 3 Farrmm St.
'ff & *
aSs Wi
( IUUUS330US TO JOflM < 4 MCOB )
UNDERTAKE
, t Ibt uld > Und 1117 Xcroiu 81. Crdc/a by ! !
pUeollcJtedmJpjompll attended la ,