* * * * * * * '
2 THR OMAHA DAILY HHK/WEDNESDAY : / , AP1UL 2,3 , IflOI.
AS OMAHA JEFFREYS
( Continued from First I'ago. )
pose , Mr. 1'crclvnl ? A. Only on special
matters. If I am. sent out to cover a special
assignment t work under special Inntruc-
110113.
Q , You nro not a free lance on the news
paper and work without any system or any
policy ? A. No , what Is called a run , to
caver at the court house
Q.Io you work under Instructions ? . A.
I say If I gel an assignment to go out and
cover , then I may work under Instructions.
When I am working nt the court house It Is
under general Instructions to look after mat
ters pertaining to the courts and around the
court home.
0. , You are not nn uncontrollable force In
the newspaper , though , , are you ? A. I
never have presumed no.
He-direct examination by Mr. Slmeral :
Q. Mr. Perclvnl , I will nsk you to state
whether or not you know of any rule In ref
erence to reporters editorializing their arti
cles ? A. Yes , sir ; there Is n standing rule
to that effect.
Q , What Is the rule ? A. Not to write
editorial matter In the local columns.
Mr. Davis IB It ever observed ? A. I
think It Is.
q. Do you call this editorial matter , then ,
or reporting matter ? A. I regret to say
that the two opening paragraphs there are
tinctured with editorial comment.
q. Oh , then , you were nn uncontrollable '
force on the 8th of March , were 'you ? A.
No , sir ; I haven't said so.
q.Well , Is this the tlrst occasion that
you have ever seen In The Heo editorial
comments In the news columns ? A. I do
not know whether It Is or not.
q. As a matter of fact that rule Is not
very often enforced , Is It ? A. I think It Is.
Q , \Vlmt do you call this , reiwrting or
editorial I read a portion of The Ileo of the
name date "Trusts are well cared for. Now
schedule of duties adroitly arranged to bene
fit the refiners. " What Is that , editorial ?
Objected to by defendant as wholly In
competent.
The Court I do not see why. Wo spoke
about editorial matter. Tlio witness said
something about editorial matter appearing
In the news columns. That Is proper cross-
examination , perfectly.
Mr. Slmeral I will take on exception.
Mr. Davis What do you consider , Is that
editorial matter or reporting ? A. I suppose
It is written as an editorial paragraph.
Mr. Slmeral Mr. I'orclvnl , I will ask you
to state whether or not Mr. Rosewa'er saw
the headlines before it was published ? . A.
I think not. Ho was not around the ofllco
that afternoon.
Q. Do you know where ho was ? A. At
the police court.
Witness excused.
Mr. Hosewater , being called as a witness
In his own behalf , was sworn ns follows by
the court : "Do you solemnly swear the
evidence yon will give shall bo the truth , so
help you God ? "
Mr. Slmeral I would llko to have the
witness sworn according to law , your honor.
The court Ignored the request.
Mr. Hosowater testified that he had been
n resident ot the city for thirty years and
waa editor-in-chief of The Ilee. Ho had
been Its editor since It started In 1871.
q. Mr. Hosewater , I call your attention
to an article appearing In The Omaha Even
ing nee of March 9 , 1891 , on the first page ,
headed "Justice Without Equality , " and I
will nsk you to state A. Show me the
article first.
Mr. Slmeral hands witness the paper.
Q. State whether or not you ever read
that article ? A. Not yet. I never have
read it up to this time.
q. Did you directly or Indirectly order
Us publication ? A. I did not.
q. Did you know It was going to bo pub
lished ? A. I did not.
q. Are you the proprietor of The Omaha
Hoe ? . A. The Hoe Publishing company Is
"itiio proprietor of Tlio Omaha Ilee. I am
ono of the stockholders of that corporation.
q. Arid It Was at the time Of the pub
lication of that article ? A.r-Yes _ , sir. It
has been slnco 187S.
q. I' will ask you to state , Mr. Hose-
water , whether you have control of the local
department of The Dee ? A. I have gen
eral control of the whole paper. I do not
personally supervise the local department ,
nor do I supervise the telegraphic depart
ment. It would bo Impossible for any ono
man to do It.
q. What Is your distinct work ?
A. I wrlto editorials , and generally , when
I am in the city , endeavor to read the edi
torials that appear In tlio paper , those that
are written by other writers. I direct such
editorials as are to bo republlshcd In the
morning edition or In the evening to be
transferred. I sometimes outline a gen
eral line of policy for Investigations Into
public affairs investigations Into municipal ,
county nnd stnto affairs which are under
direction of subordinates. I make con
tracts and arrange for the telegraphic news
which the paper receives from tlio Assocl-
NUMBER 7.
CENTURY | 1
" *
WAR
Spurt or lirlnjfP VII coupons anil ten cents
In coin to llil oflli'o ami ivenlvo tlin 7th iurt
or llilH Hiiporb worts- HIP Hlory of tlioVar
tolil by thu li'iullni ; gi'iionilx on both Httto i.
M.\iMi'iui-.vri.Y ; n.i.usrK.vrKii.
SERJESNO. 9.
DICTIONARY.
Only that wnnlur of thq boo't norrmnonl .
frpvllh tlio Hprli'H mimbur of tlio coupons
l > iv * < : mi.t , will bj ilellvui-oJ.
NI-j Sunday nnd Thvoa Weekdays
s , with 13 milt * in oln ,
will buy ono ji.irt of The
Amorlciin Knoyclop'Ulo ' Dlo-
tlonary. Soml orbrln ? to 1'hj
15oo Olllco.
MallsluuUl bo tudro 3ri to
DIC1ICNARY DEPAhTMENT
SERIES 3 ,
April 28 , 1894.
Bring 0 Coupons with .l > cents.
ou
If scut by mil with ! 1) ) odiit ? in coin
( nn stumps ucuoptml. ) Ho siu-J tu .siuto
the number of the work tlualro 1. Soiul
only ouco In 'J vvcoks , tis book.vo pub-
aily c'ut
Address
> nf.
O in nin 1
ntcd press ami other numictntlona or new-
impcrs , I give general illrcctlonn nn to
the InifilnoKH ilcpnrtment ns to Its rolntlonn
with the patroiiH , Alio with rcgnrd to
the policy to ho pursued with rcpnrd to the
Weekly Ilco , nnd make Detections of mnt-
tor oclllorlnl mnttcr when It Is submitted
to mo , for the weekly. That Is about the
rnngo of It. Then I spend about one-third
of my tlmo In Retting jobs for other people
nlul doing a 'ot ' of other work ttiat con
cerns other people besides myself. That la
what I am doing.
Q. Mr. Hosewater , I will ask you testate
state whether or not you enured to bo pub
lished , or permitted to bo published , In The
Evening Hoc on the 9th of March the arti
cle , or any portion of It , sot forth In the
complaint ? A. No , sir ; I did not illroct
nnyboily to" wrlto any part of It. In fact , ns
I have stated , I have not read'It up to this
time ,
The cross examination was as follows :
Q. Did you read the complaint ( lied
against you in this case charging you with
contempt not the paper , the complaint ? A.
Yes , or a copy of It the complaint on which
these proceedings were commenced.
Q. Did you ever read that ( handing wit
ness a paper ) ? A , I think I read the com
plaint.
Q. So you know what was charged In the
complaint ? A. Yes , I have a general
knowledge of what Is charged.
Q. Mid you read the original complaint era
a copy of It ? A. I do not remember.
Q. When did you first read that , Mr. Rosewater -
water ? A. I think the complaint was handed
< o me , probably I do not hollevo I read It
right off. I think I handed It over lo Mr.
Slmcrnl and then read It afterwards. It
must hnvo been some tlmo after he had
served It. I do not know ; but It will show
on Its face.
Q. In your answer hero you state ns fol
lows : "The defendant denies that the- Inter
pretation placed upon said article by the
Innuendoes In said complaint contained are
true and just , or that said article Is suceptl-
blo of the Inference set forth In mild com
plaint. " A. Yes , sir.
CJ. How could you arrive at that unless
you had read the whole article , Mr. Rosewater -
water ? A. lly simply reading the letter
which I read.
The Court I do not hear you.
Mr. Hosowater I had read n letter which
cited the greater part of this article , or
rather the thing that was offensive and pre
sumed to bo llbolous , as the county attorney
charged. Ho had published a letter In the
Omaha World-Herald , and I hid at the tlmo
I read It felt that I would like to nrre&t him ,
or have him arrested , for libel , If ho would
only designate as to who he meant when ho
talked about the malicious libels of The
Omaha Uec. I could see no malicious libel In
It at all.
Mr. Uavls You could not see any libel In
this article that Is complained of hero ?
A. The Innuendo Itself , BO far as the "pull"
It says corruptly. A pull would not neces
sarily bo corrupt. If I go over hure and say
to Mayor Hetnls ( Hero witness was Inter
rupted hy the court. ) Counsel for defend
ant Insists upon witness being allowed to
finish the answer. ( Question read by re
porter. )
Mr. Rosewater You have asked mo to explain -
plain why I did not put that Interpretation
upon that innuendo , and I will give you the
reason why.
The Court One moment , Mr. Davis. Hold
on. ( Question again road by reporter ) .
Mr. Davis How could you have known
that unless you had seen the whole article ?
A. Know what ?
Q. i will call your attention , Mr. Rose
water , to the denial In your sworn answer
that the article In question Is capable of the
interpretation placed upon it the Innuendo
part that is the article the llrst portion of
this article I nsk you If you did not read
the article Itself , how could you toll that It
was not capable of that ? , A. liccauso I
had read the letter of tho'county ntorney
taking exceptions to this article , which ho
designated as being as making a. cliargo of
.corruption upon the court , and I deny that
the Interpretation is essentially correct.
Q. Uut you made that conclusion without
over reading the artlclo itself ? A. Yes sir ;
as I understood It
Q.Vhen was The Omaha Dee started ?
A. ln-1871.
Q. Who started it ? A. I started it.
Q. Yoii" were sdle proprietor ? A. I was.
IJ. How long did you continue solo pro
prietor ? A. Until February , 1S7S.
Q. You then organized a corporation ?
A. I did.
QWhat was the stock of the corpora
tion ? A. The "original stock was ? 10.000.
Q. How much of that did you have ?
Objected to by counsel for defendant.
Mr. Ilosowater It is not material , but I
will answer It.
Mr. Davis Was there a rulingon the ob
jection ?
The Court Certainly. Ho has answered
In his examination In chief that he was a
Stockholder.
Mr. Slmeral Then that Is enough. How
much stock ho owned Is Immaterial.
The Court Go on and ask the question.
Mr. Slmeral I object to that.
Mr. Hosewater I had a controlling Inter
est. I do not quite remembers how much ,
but I think It must have been something In
the neighborhood of $22,000 to ? 21,000.
Mr. Davis That is when it was first or
ganized ? A. When It was first organized.
Q. Slnco then you have acitf red a greater
proportionate interest haven't you ? A. The
stock has been Increased to $100,000.
How much ot that do you own ?
Objected to by counsel for defendant as
Incompetent , Immaterial and Irrelevant. Ob
jection overruled and defendant excopts.
Mr. "Uosewater Between $79,000 and ? S9-
000. About $79,500 ,
Q. You say nbout Bcvonty-nlna thousand
and some flvo hundred dollars. You are
president of the corporation now ? A. No ,
sir.
sir.Q.
Q. Who is ? A. Mr. TJnlngcr is.
Q. What Is your official position In the
corporation ? A. Well , I am at the present
tlmo simply the editor of the paper.
Q. Simply the editor ? A. That Is all.
Q. Who are the board of directors ? A.
Mr. Llnlnger IH one , Mr. Haskell of our of
llco Is another
Q. Not Isaac Hascall ? A. Not Isaac , no
( laughter ) , this Is Haskell ; Mr. Max Meyer Is
another , George Tzschuck , I think la
anothtr , and myson is one.
Q. And your son ? A. Yes , sir.
Q. You say you spend one-third of your
tlmo hunting u Job for other people ? A.
Yes , sir.
( J. Do you mean political or A.
Every way employment , appointment ,
everything anything that concerns other
people.
Q. And the other two-thirds of your tlmo
you devote to your paper , do you not ?
A. I do , as much as I can.
' Q. And do you mean to deny that your
word would bo absolute law In the manage
ment of that newspaper , so far as
concerns Its policy , In any respect ?
A. Well , yes , In the main , It would bo.
Of course there might occasions nrlso In
which my word would not be. I am llko
Abraham Lincoln was , I have no Influence
with my administration. Thuro are any
number of times I would llko to
The Court Who did you say you were
like ?
Mr. Slmeral I object to that question of
the court as being Irrelevant.
The Court He said ho was llko Abraham
Lincoln.
Mr. Rosewater I went to say briefly , llko
ho did when ho said ho had no Intliionco
with his administration. There are times
when I do not have absolute control. I can
not control reporters. I cannot control men
who
Mr. Davis You do not mean to say that
there Is any conflict of authority between
you and the reporters ? A. There Is no
conflict of authority ; but there is conflict
of conduct. .
Mr. Davis 1'rlor to the appearance ot this
article you yourself hud written a number
of articles concerning Judge Scott , had you
not , which had been published In your news
paper ? A. Oh. yes , I hava written quite a
number , and 1 never deny one that I have
written.
Q. And they were articles which were
gaverely criticising him , wora they not ?
A. No , sir ; they wore articles that helped
to et him elected a good many of them
commending him.
Q. They were ? A. Yes , sir.
Q. Your newspaper then supported Judge
Scott , did It not , when he was running for
olTlce ? A. It did.
Q. It ; ave greater mipport to him than
to any other candidate runnlng'for the olllco
of district Judge , did It not ? A. It gave
him a good deal ot actlvo support.
Q. Don't you say that It was particularly
strong In support of Judge Scott when he
was a candidate for otllce ? A. It gave him
strong endorsements , I do not know , there
were six or seven other men running for
Judges.
Q , You aay moat of the articles that you
wrote Vcro articles supporting him for
office , do you ? A , A great many of them
were ; tpilto a number.
Q. Whcro were you during the summer
of the campaign ? A. The campaign did
not begin until I had returned from Kurope.
Ho was then colonel before the Judge. When
I came back ho became a candidate and I
supported him ,
Q. Ho was not a candidate until after
you got back ? A. No , sir ; ho was not.
Q. Then you first began to lake another
attitude when he became n candidate for
delegate to the national republican conven
tion , did you not ?
Objected to by defendant as Incompetent
nnd Irrelevant.
( Question withdrawn by Mr. Davis. )
Q. Prior to March 9 you had written a
great many articles which were severely
condemnatory of him , had you not ? A.
Yes , as to his conduct In getfernl.
Q Had you not , Mr. Rosownter , adopted
a policy In your paper of criticising Judge
Scott on every occasion that suggested It
self to you ? A I have criticised him Just
us I would any other Judge under the same
conditions. . ,
Q I ask that you answer the question ?
The Court That may bo stricken out nnd
you may read the question and ho may an
swer. . ,
Mr. Slmeral If you cannot answer that
yes or no you may explain It.
( Question read by reporter. )
Mr. Rosownter No , I have not , because
there were nny number of occasions wiien I
ought to have criticised him when I kept
B Mr. Davis Did you not glvo Instructions
to other editors or reporters on your news
paper to the effect that they should , as you
newspaper men term It , "roast Judge
Scott ? A I never gave nny such Instruc
tions to anybody. I never do about any
body ; not about Scott or anybody else. My
reporters have Instructions to report news
and that Is all , and let mo do the roasting.
( Liughter. )
Q You. I suppose , read your newspaper
generally , do you ? A I do not.-
to attention through a
Q This came your
letter In the World-Herald , did It ? A It
do not understand tliat.
did. Perhaps you
I do not read It. I haven't read The Hco
in three weeks , moro than thrco days when
I was away , and when I am hero I do not
read It through. I road the ether papers
very carefully , for I want to see what others
are doing. I very seldom read ours through.
Q YOU do not read the others for thi >
news ? A. Herauso as a general thing I
know the news In the ofHca ns It Is run when
I am in the city and I do not have to read
It over. I read the other pap'rs for the pur
pose ot keeping track of what Is going on.
Q. That is you read the other newspapers
for the purpose of seeing whenever you can
take nn advantage of them or find some
thing to roast them for don't ' you ? A. To
see when they have got a scoop on us and
everything of that kind.
Q. How can you tell when they get a
scoop on you If you do not read your own
newspaper ? A. Wo find out In our own
office when the news comes In.
Q. You pay attention then to the depart
ments of your paper ? A. I pay spscial at
tention to the telegraphic despatches , the
most Important part of the news.
Redirect examination by Mr. Slmeral :
Q. Mr. Rosewater , I will ask you to state
whether or not there has over bean an order
Issued with regard to local reporters of The
Hoc editorializing In their artlclc-s ? A.
Why , I hud the order posted for years , on
the "wall. I lost It In the United States court
when wo produced It down there In evldenc ?
In one case. I have not replaced It , but It
Is the general rule In the olllce that no re
porter Is expected to do anything except to
write the news and leave all comment out.
and there Is no oflice In this country that
controls It absolutely. It Is Impossible.
Mr. Davis When did you lese that rule ?
A. Well , wo left It In the case down here
nt one time. We offered It in evidence to
show the general rule.
Q. That was two years ago wasn't It ?
A. Something llko two years ago.
Q. And you never deemed It of enough
importance to get another rule ? A. I
havti't deemed It so , because our men are
mostly all old reporters and they have known
the rules so well , and the city editor and the
managing editor are supposed to direct them
all the time.
Q. Do you mean to say , Mr. Rosewater ,
that that rule Is generally enforced ? A. It
cannot bo enforced anywhere , e\cept spas
modically. Wo have discharged men for
violating It , and we have censured them ,
and I censure them every time I can when
they do It. Sometimes I dismiss them.
Q. Don't you know there is scircely an
edition of your newspaper In which that
rule Is violated , If there Is such a rule ? A.
As I stated It Is Impossible. In the llrst
place the headline may express something
entirely nt variance with the body ot the
article , and the headline written Is generally
done promiscuously
The court Do you wish that as an an
swer to that question ? ( Question read by
reporter ) . Mr. Rosnwater The headlines are
sometimes entirely at variance with the boJy
ot the article.
Mr. Davis T ask that you answer the ques
tion that I have asked you ; It you do not
know that there Is scarcely an edition ot
your paper which you sco of course you
cannot tell those which you do not see
where this rule is not violated ? A. There
Is scarcely nn edition , but what some matter
may eel In here and there that comments
upon a fact.
Mr. Slmeral That Is all , Mr. Roaewater ,
unless you think of something more.
Mr. Davis No , I jnslst that you ask ques
tions.
tions.When
When Mr. Rosewatcr's testimony had baen
taken Mr. Davis proceeded with his argu
ment for the state. He cited two cases in
which proprietors of newspapers had been
convicted of contempt. Hoth cases Involved
assaults upon the supreme court. In ono
case three out of the seven judges dissented
and the opinion of the court has slnco been
reversed. In the other case simply the cost
of the case was taxed upon the defendant.
In both cases both "local and editorial had
been written nbout cases which were then
pending In the supreme court.
Mr. Slmcrnl had Intended to cite a num
ber of authorities for the defense , but ns ho
was aware that the judgment of the court
had already been prepared and the order of
committment already made out , lie decided
to submit tlio case without argument , merely
calling attention to a few authorities to
show that the court had no Jurisdiction In
the case , as the article In question had been
written nbout a case which had been ad
judicated , and that the defendant had no
knowledge of the artlclo and did not write
It cr order It written.
This ended the trial of the case and the
honorable Judge delivered himself of the
following lecture nnd sentence combined :
The court : The evidence In this case has
brought out no new facts to the attention
of the court. , t presents this square , sim
ple proposition , whether the editor of a
newspaper who Is , to the knowledge ot
every man , woman and child In the city of
Omaha , county of Douglas nnd state of
Nebraska , If not In every state In the union
hostile maliciously hostile toward the per
sonnel of thlK court ; whether that condition
of thlnis .when It strikes nt the very
foundation of an Institution established by
tlio people for the protection of life , liberty
and property ; whether the Judge ot a court
has n duty to perform , knowing perhaps
what the results , so far as the party Is
concerned , may bo from It. This court
was charged in the article with being In
fluenced by a pull to the extent of making
differences between criminals , whether they
should be sent to the penitentiary and for
how long , and whether they should go with
out being punished. As I have said time
and again , this court or nny other court that
practices that kind of way of administering
the law Is an abomination , and Is unworthy
the respect of anybody , and It would not
have the respect very long of anybody If
this kind of work would ho permitted to go
oo. U could not havo. This Is a great
country , and a frco country. Hut If the de
fendant In this case had spoken about the
court of his ovvn native country , Ilohemla ,
as ho has spoken of this court , his head
would have fallen Into the felon's basket
long ago. This Is n wonderfully frco conn-
try. The court adjudges the defendant
guilty of a contempt. The ecntenco of the
court Is
Counsel for defendant hero stated to the
court that he had filed n motion for a new
trial , and proceeded to read It. The motion
for a now trial was overruled by the court ,
to which the defendant exceptcd.
Tha Court ( continuing ) When Ferclval
was -before the court I took Into considera
tion palliating circumstances. First , he was
a poor man with n family. Ho was simply
working for a salary nnd was under the
dominion and guidance ot n superior. It
the defendant had not conio on the itand In
this case I should have felt different ; but nu
has by his own testimony disclosed I think
very satisfactorily to myself a degree of
tnallco that I never have witnessed y t It
all my acqualntantxr With newspaper editor
from the Atlantlaito the Pacific and Iron
Canada to the Ouif df Mexico , When at
American citizen , bocu In this country , a
judge of n court , must | .ut himself under th
service of ono whrt/.rtoo.-j not seem to know
nt least don't care what ho writes of Amor
lean citizens , and then claim that ho ha
conducted his business.for twenty-oiioyears
and for the first ( line lias been brought he
faro a court , nnd In'oiY claims that ho wa
actuated by n great vrlnclplo to protect the
liberties of the prf s.tho palladium of the
rights of American citizens , when It I
known that the stnto of Nebraska Is dottci
all over with families .destroyed , courts at
tacked. Kvcrythlhg must glvo way In orde
to servo Edward Rojowatcr , editor of The
Ileo. It shall not be so In this court.
The judgment of the court Is that the de
fcndant bo Imprisoned and confined In the
Jail of Douglas county for thirty days-
Mr. Slmeral t beg your pardon , your
honor , are you going to pass sentence with
out asking the prisoner If ho has anything to
say ?
The Court I nm.
Mr. Slmeral The statute expressly pro
vldes that It Is mandatory upon the judge
before passing sentence , to ask the prisoner
It ho has anything to say why sentence
should not be passed.
The Court You can tnko an exception I
you want to. I am going to pass sentence
The judgment ot the court Is that the do
fcndant bo Imprisoned and confined In the ial
of Douglas county for thirty days nnd pay
n fine ot $500 nnd the costs of this prose
cution , nnd ho shall stand committed untl
the costs are paid. Where Is the sheriff'
Tell the sheriff I want him. ( Laughter. )
Mr. Rosewater Have I a right to say any
thing ?
The Court No , sir ; you have had your de
fense.
Mr. Rosewater No rights as a citizen ?
The Court No.
Mr. Rosewater No , not before you. 1
knew In advance what this sentence would
b ? . I know the amount of the fine and the
whole sentence. And how did It como thai
this court pretends to administer justice In
the state of Nebraska ? I deny the Jurisdic
tion of this court over my person. I deny
that It has any right when n case Is ad
judicated once ( cries of "put him out" ) to
put my person in jeopardy of lite nnd liberty
"Put him out , " yelled some ono in the
rear part of the room. "Put Judge Scott
out , " retorted a man near the door.
"Who said that ? Put that man out , " salt'
Judge Scott.
Mr. Rosewater Yoir ; honor has state ; ! thai
I was born In Hohemla and that If I ha < l
done the same thing there as I hnvo done In
thin case my head would have como off. In
Bohemia there Is no liberty of the press.
In liohcmla they arc nn empire and no man
can write ono line that Is going through the
press without Its llrst going through the
hands of a censor. My father came to this
country voluntarily forty years ago.
and I myself bared my breast and took my
life In my own hands to protect you while
you were nt home. My father voted
for Abraham Lincoln , and ho came here to
uphold the American people nnd his memory
at least Is entitled to respect. And so far
ns I am concerned , I have the same rights
as If I were born on American soil. The
honorable gentleman who prosecutes this
rase has stated that I have written articles
nalnst tlio honorable Judge , or a number of
articles maligning him when ho was n candi
date for delegate to the'natlonal ' convention.
I am responsible for ' what I say about
Colonel Scott. I said nothing nbout Judge
Scott , and In this Instance not ono line was
written or uttered by mo and no direction
Given. . ' '
Judge Davis You are , misquoting me. I
made no such statement. I simply asked a
question. .1 , i
The Court Let' him ' go on. Let him
have his say. That Wall right.
Air. Rosewater X want to say hero that
so far as the personnelf , } this court Is con
cerned , this court Jiastjno right to try the
personnel of the courtt Whatever hap
pened to Colonel Scott or Private Scott or
Delegate Scott has'.nothlng to do' with the
case. If men who. own property , who run
corporations , who employ men In various
walks of life , jf these -men ( were held ro-
sponslblo for the'trlrnnal { conduct of all
their employes , h6rc'would , not bo Jails
enough in America to accommodate them.
It Is a monstrous doctrine. I had rather
rot In forty Jails and prisons than to sur
render what has been fought for by the
fathers of this republic , , which Includes the
liberty of the press to criticise public ser
vants and the courts are public servants
as mucl. as any class , from representatives
in tin legislative halls In the capltol at
Lincoln or Washington. I shall cheerfully
submit to this ordeal. It will not hurt me.
If there Is anything that I am guilty of.
If I have been guilty or any contempt at all ,
It was the contempt of my fellow citizens
for helping this late Colonel Scott to be
come judge of this district court , fLauehter. )
The Court Has the sheriff come In ?
Mr. Slmeral Will your honor grant a
stay ? We nro going to take the case to
the supreme court.
The Court I haven't any objections to
your going to the supreme court , but no
stay will be granted. Execute the writ ,
sheriff ; I will not spend any more time
with this.
A deputy sheriff appeared , and Mr. Rosewater -
water , at his own request , was taken directly
to the jail. Instead of Into the sheriff's
office. At the Jail ho stated that he did
not desire anything except what was In ac
cordance with the regular Jail regulations.
Ho was given a scat In the jail office and
received n number of callers , who con
gratulated him on his conduct In fearlessly
demanding and insisting on the right of a
prisoner before tlio bar to be heard in his
own behalf.
Immediately after Mr. Rosewater was taken
to the county Jail Clerk Moorcs put a large
force of clerks and typewriters at work get
ting tlio record In shape for the supreme
court. This was completed at 2 o'clock
and a few minutes later Attorney R. W.
Slmeral boarded the westbound flyer on the
Union Pacific for Columbus , the homo of
Judge A. M. I'ost of the supreme court.
Reaching there at G o'clock the case was pre
sented and at G:30 : Judge Post had Issued
the order releasing Mr. Rosewater. This
was telephoned , but Judge Scott refused to
accept the telephonic order , and n few mo
ments later Judge Post telegraphed to Clerk
Moores upon Mr. Hosowater entering Into
bonds of $1,000 to abide by the decision of the
supreme court ,
As soon as this telegram was received Mr.
Roaewater was conducted to the office of the
clerk , where ho signed the required bond ,
with Frank Murphy , lien J ) . Wood , Luther
Drake , S. D. Mercer and John A , McShano
signing as surety.
The bond In the case was executed and
approved at 5:55 : o'clock.
The telegram ordering the release of Mr ,
Rosewater read as follows :
COLUMDUS , Nubi. April 21 , 1S3I. F. K.
Moores. Clerk of the District Court , Omnlm ,
Neb. : Have allowed Btny In state ngainst
Rosewater , with bond of $1,000 , to bo np-
provcd by you. , " ; , A. M. POST.
SCOTT lIlMSIp.F JK * CONTKSirT ,
Citizens l''rrly HximiMH Their Indignation
at Ills A < Moir'uV ) < > 9t < Tiliiy.
Universal condemnation of the judicial
outrage was expressed' yesterday , not only
by reason of the 'eontcnco , but because of
the remarks made by Scott In pronouncing
the sentence. NotfgrgWedlng In the annals
"
of the district court"of this county has
evoked moro widespread comment among
the people. Men ojg tlrti street corners dis
cussed the matter Ifr.j'ishout ( | the afternoon
nnd the denunciation of Scott was not con
fined to nny particular class. At the Com
mercial club during tW noon hour the out
rage was the uppermost' ' topic of discussion.
In the hotel corridors and barber shops
every man had an opinion to express which
was with scarcely an * oxcdptlan ono of con
tempt for Scott. In fact sentiment seemed
lo have assumed the shnpo of a wave of
popular Indignation.
Hero are some. Individual opinions picked
up on the street yesterday evening :
William A. Paxton-rl regard Scott's treat
ment of Rosewater as damnable. It Is all
wrong to pick up a private citizen and
throw him Into jail for something he may
have said or done out of court.
Fred Nash of'tho Milwaukee The punishment -
ment was not merited. I don't llko It , and
It has not raise my estimation of Scott.
Dr. S. D. Mercer I think the sentence an
extreme measure , oven had the defendant
been guilty ot contempt , A reprimand would
have been enough.
U. K. Ilowell , president city council
I t-nnnot approve It. A citizen has some
rights and Is entitled to protection.
Albert Calm , member of city council
You can say that I condemn tbe whole mro-
cecdlngn , I do not bollovo that the de
fendant wan In contempt of court.
When Dick Smith was approached and
asked what ho thought of the matter , hn
sentcntlously remarked : "Hell's to pay , ntld
there Is no pitch hot. If thcro was there Is
llttlo doubt to whom It would bo applied , nnd
his nnmo Isn't Rosowator. "
Judge Gustavo Anderson declared that It
was a damnable outrage. Kvan If Mr.
Rosowntor had boon guilty , there was no
grounds for the Imposition of such a
sentence.
Dennis Cunningham said : "I think It the
greatest outrage ever perpetrated by any
Judiciary the worst I over heard or read
of , and I don't POO how the bar nnd the
people of Omalm nro going to stand this
sort ot thing much longer.
Frank J. Kaspar I think It Is nn outrage
and that If such things ns this can tnko
place In our courts wo will soon have no
moro rights In this country. It Is a travesty
on Justice.
0. N. Davenport , Merchants Hotel I think
It Is n disgraceful outrage. H Is a disgrace
to our city nnd to the dignity of our courts.
T. K. Siidborough Every ono knows my
opinion of Scott nnd his methods. I hnvo
told him what I think of him personally and
It would not look well In print.
H. U. Wood of the Merchants National
Hank You can guess how I feel. I signed
Mr. Rosewnter's bond.
Men who have cases on the docket pre
sided over by Scott declined to express nny
opinion , saying that they believed that they
would bo placed In Jeopardy by making pub
lic their opinions.
'Axr's Titoinii.r.n.
Itopurt Unit Itrt rniiM'i-ty Hud Itri-n Sold nn
I'xrctltloti for Debt.
NRW YORK , April 21. Statements were
published today to the effect that the
Nicaragua ! ! government lind seized nil the
property of the Nlcarngunn Canal company
ut Oreyton , on n Judgment for nn alleged
debt , nnd tlmt It waH bought In by Span
iards for $75,000. At tlio ofllces of the com
pany in this city today. It was stated tlu-ro
that In order to protect the Nicaragua ! !
Mnll Stonm Navigation nnd Trading com
pany from n number of creditors , Home
friendly Judgments were obtained , nnd nrc
hold by friends oC the cumpany. There Is
no truth , therefore , nooordlng to the com
pany In the report that the NIcar.iEUnn
Cnnal pnmpnnv'H property was seized.
WASHINGTON , April 21. The Slnto de
partment has had no recent udvlcoi from
MlticlleUla , so it la not possible1 for the of
ficials to nlllrm or deny the truth of thr re
port that thr NIcnritKunn government IHIM
sold the property of the Nlrnrnguun Tamil
company , cnptured a vessel bearing the
American Ihifr , landed troopn nt HluulloIdH
nnd done other sensational tblimrs. Hut fiH
Greytown Is In within easy distance of the
cnblo , nnd tlio canal company naturally
might bo supposed to cherish 1111 Interest la
Its own proptrty , It Is bollevod that the of-
HCCI-M in tills country would huye Informed
themselves of the seizure of their works
and notified the State department If such
hud really happened.
CONGREGATIONAL CLUB.
Olllrors IClrcted ronlglit Dr. Tlniln ( Joi-s to
Another Field.
The second annual meeting of the Omaha
Congregational club was held nt Hillside
Congregational church la. t evening.
Hcskles the business attendant upon the
meeting , a neat and short program hnil
been prepared , the principle feature of
which waa a short address by Dr. Slierrlll
of Galrsburg , 111. , formerly pastor of the
First thtt-ch. Then the election of the new
officers follow and resulted as follows : Pres
ident , Rev. S. Wright liutler : vice pres
idents , A. P. TuUey nnd F. M. IlnmlliiR :
secretary. Wing Allen ; treasurer , Frank
Lehmer.
An executive committee and a member
ship committee were relccted , the former
consisting of Rev. S. Wrlfiht Butler , AV. It.
Alexander , Frank Lehmer. Samuel Avpry ,
Samuel IlnrnH. Caleb T. Morris. William
Fleming , il. II. Comstock , and three were
unpointed a membership committee , H. P.
Hnlleck , Dr. J. P. Lord and Wing Allen.
An appropriate re'-olutlon Introduced by
Mr. A. P. Tukey waa passed , extending
the good wlslits of the congregation to Dr.
arfd Mrs. Tlmln of the Plymouth Congrega
tional church , who will soon go to Tabor ,
In. , where Dr. Tlmln will take ft pastorate.
In the last year the club has had an in
crease in membership of llfty-seven , making
the total membership 1S2.
WAITK tiTAltTS AXOTlHSIl I'lOUT ,
Two of tlio IVnltrntlnry Commissioners Sum
moned to Appear lloforn Him.
DENVER , April 24. Governor Walto has
summoned Penitentiary Commissioners
Charles Boettscher and F. A. Reynolds to
appear before him April 30 for trial on
charges of having unlawfully employed W.
H. Lear ns a detective nnd having trans
ferred prisoners from the penitentiary to
tlio reformatory and then released them on
parole. The governor desires to be rid of
these commissioners , as they block his at
tempt to remove Warden McLlstcr of the
penitentiary.
o
Harmony Society Lands Sold.
PITTSIJUIIG , April 21. The 2,093 acres Of
land In Alleglmny and Beaver counties ,
owned by the Harmony society nt Economy ,
Pa. , was sold today to the Union company ,
the consideration being J35D.OJO. This In
cludes all the real estate holdings of tlio
society. The Union company has a capital
stock of $400,000 , and all but $5,000 of this
Is held by the two trustees of the society ,
Messrs. Dusa and Rletlimlller. The object
of tlio transfer Is to prevent future litiga
tion by persons claiming- lie lielr.s of
former members of the Harmonists society.
Unknown Mmi IKtu on n Train.
INDIANAPOLIS , April 24. An unknown
passenger , a man about 30 years of ago ,
lied on board the Big Four train Just before
ndlanapolls was reached today. "T. F. "
vns tattooed on ono arm. Ho had on his
lorson a ticket from St. Louis to Cincinnati
nnd about $10 in money. The body was
removed to the morgue in this city ,
Kx-Confi-ils Am Cclrlirntliiff.
BIRMINGHAM , Ala. , April 21. Soldiers
who fought In the southern army In the civil
war are holding a reunion hero today. Busl-
loss houses are decorated with stars and
jars nnd the stars nnd stripes , and pictures
of southern generals , dead and living , hang
from the windows of the public buildings
and private residences.
o
irjiATHISH FOUKVAST.
Pull- with Vnrlnblilncls In NeliniBlm
Toduy.
WASHINGTON , April 2l.-The Indications
for Wednesday nro :
For Nebraska Fair ; variable winds.
For Missouri Fair ; southerly winds ;
warmer In tlio south and .southeastern per
tion.
tion.For Iowa Fair ; nouth winds ; wanner In
he southeast portion.
For Kaunas Fair ; south winds ; warmer
n central portion.
For South Dakota Generally fnlr ; west
erly winds.
I.ocul Itcconl.
OirriaHOKTins WBATUEH Dtntiuu. OMAHA.
\prilM. ! Omaha recent of tornporaturo nnd
rainfnllcomparod with corresponding day of
mt four years :
1801. iana. lana. IHDI.
Maximum tomporatnto G7 < = Ofis 05 = 78o
Minimum tompornturoJH3 43O 483 r > r = >
\veraco temperature. , OH3 643 523 ( ito )
'roclpltatlon 00 I.OU .20 .00
Statement showing tlio condition of torn-
mnUurouml precipitation nt Omaha for the
lay nnd slnco March I , 1894 :
Manual tcmnoraturo 55C
Cxross forthottuy U °
f.\ewt slnco Murch 1 LOGO
s'ormal precipitation 00 Inch
( tillcloney for the day H Inch
Jollrloiicy Blnco March 1 72 Inch
llrport from Other Stations nt 8 I * , nr.
"T" ludlcatoa trace.
GKOUQB K UUNT , Loc l Vorccast OOleUU
LOADED DOWN WITH JEWELRY
Party with Pooltcls Full Fulls Under Arrest
in n Pawnshop.
TRIED TO THROW A GOLD WATCH AWAY
Ollloor DiivU Thought Him n ( loml .MnrJc-
l'rl ounr Si.yn llo ItoiiBlit din Property
> -I.iito l.oir * Will l.oiik Otor
tlio ArtU'lo .
Officer Davis arrested Ctmrlcs Hilton yes
terday , clinrKcil with vagrancy , but tlila la
only pending n further Investigation Into tlio
clmrncter of tlio young man.
Wlillo making his usual roumls yesterday
Davis had occasion to '
go to Drodkc's pawn *
shop to look up some Jewelry. He stood at
the counter when Hilton entered and offered
to sell a ring ho had on his finger for $3 ,
nnd went on to say It cost him $15 In Chicago
cage , and that the only reason for selling
It was that ho wanted to leave the city
and needed the money.
Olllcer Davis asked him to show him the
ring , and asked how much ho would take
for that and another ho had. The man
said $5. Tills aroused DAVIS' suspicions , nnd
ho looked the rings over moro closely. Ho
saw ono was worth at least $3 , " . anil thu
other probably $5. Ho then arrested Hilton
and said ho would keep him for further In
vestigation.
On thu way to the station Hilton reached
Into the Inside pocket of his coat and pulled
out a watch , which ho tried to throw awiiy.
Davis took It from him. On the cover were
the Initials "C. W. , " and when searched at
the station throe rings , another watch and
chain and a cottplo of charma were found
on him. The watcli Is thought to ho worth
$100 , and the total amount of the Jewelry
Is worth $ anO. Half an hour after the
arrest Detective Dcinpsey found another
watch In Hlrschberg's pawnshop , which the
pawnbroker said n man answering the de
scription of Hilton pawned there.
As Hilton had about $1-1 when arrested
it Is thought that It was by pawning some
of the Jewelry that he got this money. Ho
says ho la a waiter and bought the goods at
different places , some In New Vork , some In
Chicago and some In Des Molnes. To Olll
cer Davis ho said his name was Manning ,
and a little later Hlltman.
Alfred Johnson , 3137 South Thirty-second
street , reports that his residence was en
tered Monday night and Jewelry to the value
of about $80 taken. The stuff consisted of
watches , rlnga , stick pins and other minor
articles. Mr. Johnson said that most of It
was In the Jewelry cnso and that this was
found on the floor. HP thinks from the way
things were scattered about the hotite that
the thieving was done by somebody ac
quainted with the premises. Mr. Johnson
will bo asked to examine the Jewelry taken
from Hilton to see If any of It belongs to
him. Others who have recently lost Jewelry
will also bo asked to Inspect the articles.
TlilovcH Hrol > Through tnul Stoic.
George Clark , 303 North Fourteenth street ,
went to the police station yesterday and
reported that some ono entered his room
while he was away last Sunday night nnd
took from the pocket of a vest a gold watch
valued at $40.
W. M. McMlllIn reports that he has been
robbed of about $100 In Indian trinkets.
Mr. McMlllIn boards at. the Midland hotel ,
and the stuff was being exhibited nt the
Eden Musoe. The property consists of In
dian war clubs , bows and arrows , ghost
shirts and other ImUan relics.
Wor < N from Lexington.
LEXINGTON , Neb. , April 21. ( Special to
The Ilee. ) Andrew Christcnsen Is confined In
the Dawson county Jail awaiting trial upon
the cliargc of forgory. Chrlstensen's crime
was that of purchasing merchandise amount
ing to nearly $200 and signing tlio name of
L. G. Sundqulst to the notes given In pay
ment. Christcnsen claims that lie Is not
the man who made the transactions and
gave the notes , but the merchants who sold
him the goods are positive as to his Identity.
Ho has been In custody before.
Lexington has but ono saloon. This con
dition was brought about by the Inability of
the remaining saloon keepers to pay their
entire license nnd occupation lax In advance ,
as required by the new city council.
The Evangellstlcal church of this city has
divided ono faction under the leadership of
Ilov. Mrs , Ash holds services In the church
on Eighth street , the other under the leadership -
ship of Ilev. Klrkpatrlck holds their services
In a frame school house In South Lexington.
W. J. McKlhlnney , the now democratic
postmaster , has taken possession ot his olllcb.
Chancellor Canlield of the State univer
sity will visit our city April 26 for the purpose -
pose of inspecting the schools.
Elmer Thayer has Just been released from
the county Jail , where ho was held to await
examination by - the Insane commission.
Thayer and his wife have boon living on the
farm of Mr. P. Wilson and according to the
statements of Mr. Wilson and Mrs , Thayer
Thayer made repeated attempts to take his
own life and at their Instigation ho was
brought to Jail. The Insane board pro
nounced the man sane. Mrs. Tlinyer refuses
to live with her husband nnd was given
charge of her 10-year-old daughter.
Several Killed mill Injured ,
IIUNTINGTON , Ind. , April 24. A tlio
mill exploded at Marklo today , killing sev
eral employes and Injuring others.
biNTB.
On It Uetiirn from Im California JIlil-
wlutor KiiT.ii'oiiH'ut ( ,
Ono Concert Only ,
FRIDAY EVENING , MAY 4
EXPOSITION HALL.
Mint * Inez MooiiNlcor , Soloist ,
Apollo Club Chorus , 109 Voices.
Host BeatH $1.00. 7fio. fiOe : balcony box main liOc nxtro ,
KOHCI-VO weal aalo at KliiHlor H dm ; ; Htoro on and attiuTUUB -
ilay. May 1.
BOYD'S
TO-NIGHT.
di
With Watali ,
Droyer ,
Bortliald ,
Avorill
and Dolasco
TOMORROW NIGHT ,
MAGNIFICENT PRODUCTION QV
CARMEN
With Donnhoff In the Title Hole.
I'rlros : I'nrauettc nnd 11 rat thrco rows of cir
cle , tl ' " ; balance of circle nnil twu rowx of lul-
c-ony , SI ; balancu of Inilcony. 70 cent * . Kullffy , 23
cuntH. Ticket * on ul at box olllce.
BOYD'S THEATER
THE OMAHA ELK
MINSTREILS.
THE CIIOICK OF I1OXK3
will bo sold liy auction at tlio box offlcu. Friday ,
April 27 , nttl a.m.
Thorr orvatlouof ono dollar Beats will upcn ut
thu box office , HaturUay , April 'J1 , at 9 u. tn
\
TWO QUESTIONS
? ?
Often asked by people at this
season ot the year are these :
"How can I get to feel
stronger and better ? "
"I-io\v can I build up my
system and get more flesh ? "
Now , there is
OKTE ANSWER
to these questions which can
be depended upon , because it
is based upon solid facts. The
answer is this : Use Paskola ,
the great flesh-forming food ,
the only perfect substitute for
cod-liver oil preparations and
all other old-fashioned
- reme
dies. Paskola makes thin people
ple fat , it makes them strong ;
it gives new life to those who
arc weak and debilitated ,
Ask your druggist for Pas-
kola , and give it a trial ,
A pamphlet giving full par
ticulars respecting Paskola will
be sent on application to the
Prc- Digested Food Co. , 30
Reade St. , New York City.
MAGAZINE
MAY
ICG Pages ; 52 Illustrations.
My First Visit to New England. lly
\VII.I.IAM DKAN HOWM.I.S. First I'.ut. With
5 Illmnntiims.
The Exiles. A Story , lly llicii.uui UAU-
msii I ) xvia. With ! J Illuftr.itlons by T , nu
TiiL'i.sruur.
Tlio Chastisement of the Quall.i Bat-
tooans. lly Kwuu STAMIIN MAC-LAY.
With 7 Illustrationby T. UK Tiin.sntri' .
The Miracle of Tisha Hofnaglc. A
Story. Hy It. U V. MHVKIIH. IVith lllus-
tr.itioiis by W. T. HMKW.KV.
The Advent of Spring. By MARK W.
lI.MIIllNITn < r. With C JlilpS.
A Kentucky Cardinal. A Story. Hy
JAMBS I.ANK AM.KS. 1'iirt I. With 4 11-
lustrations bv AUIKIT : K. STSKNKII.
Pecuniary Independence. By JUNIDS
HKNIU HIIOWNK.
At Chenierc Caminada. A Story. By
GIIACK KINO.
A Note of a Philogynist. A Story. By
M.timio.sVu.cox. .
A Little Journey in Java. By FREDEKIO
M. Huuit , Witli 0 Illustrations.
A Kinsman of Red Cloud. A Story. By
O\VK.N \ WISTKII. With 4 Illustrations by
I'llKDKIlIC Ui.MlNnTON. :
Charleston , South Carolina (1861) ( ) . By
ANNA 0. BKACKKTT.
The End of an Animosity. A Story.
By L. Cf.AiiK.soN.
The Relations of Life to Style in
Architecture. Jiy THOMAS IlA.sri.sns.
Trilby. A Novel. Bv GFounu i > u MA'UIIIER.
PmtV. With 15 Illustrations by the Au
thor.
Poems by THOMAS BAH.KV Ai.nuicii ( with i | .
lustration ) and CIIAIII.OTTK PI&KK HATKS.
Editor's Study. By CIIAKLES Drw.Kr
WARNER.
Editor's Drawer contain * nn illustrated
story by UUTII MoKsEiiv STUART and other
humorous Sketches and Illustrations.
Literary Notes. By LAURKNCK Himox.
Now Heady
HARPER 4 BROTHERS , Publishers.
flnlend Id mratlvo naent f nr Nnrvous or Hlcfc
Ilendacho , ilrnln imiuvtl lon ,
fijclfll or general Neuralgia : ulxo for Ithcu.
natl m. Gout , Kidney Dlnnraoro , Acid Drs-
pepslB , Aurora 1 11. Ant I do to for Aloohoilo
nnd other excewios. 1'rlcu , 10. 23and Wicula.
* Eitoiroscent.
rf * > THE ARNOLD CHEMICAL CO.
V > - * JBt S. Western Av-nnc. Clll af >
VOT sale by nil druggists.
QL"CiCiY AND I'EnJIANEKTLY
WEAK f-ureti ut Nervollil Dt-bllllv , I.ottl
Vitality. Vurli'occiu , Atluphv ,
Phytilcul AVeaknehg. etc. . hy JN *
IIA I'D , thi' great Hindoo Jicmnlr.
\Vrllti-n Ktiiirunlpq nfpiirr. Bolt
Kiilin . , . StH , nnd J. A
Liy A Co. Cor. IMh & DouirliiK *
l'uilcr Co. , Our. Wli I > uiiL'Ui3t8. . OMAHA.
THIS AFTERNOON AND TONIGHT
Trans
Oceanics.
The nioHi complete and n.'flnod vauttuvlllo com
pany in iin > world
Mntlneo prices , any neat In tlio liousn 25 cents.
15th St. Theater" KICKS All
3 Nights ThuSS'nT ' Alfrll 2O
The I.ondliiKl.lKhtor ( Ionium Coniorty.
"SWKHT 8INOKH"
CHAS. A. GARDNER
In his nuw comuiiy-Jramu ,
"THE PRIZE WINNER. "
MATINKB SATURDAY
OOUQLflS STREET THEATER ,
OMAHA'S I'Ol'UI.AIl FAMILY THKATKIl
KlAY BRETONNE CO.
Ladli-a Mailnoo every , lay at 2.30. Nlcht at 8.30
Tliltnftarnonn nil liulloH brlujlns olilldruu ad-
mlttud ( rco Tuuluiit all hulluu auuoiiiivinlod by
ono paid tU-Utit ml tun toil froo.
MATI.S'KE 100 anilJOo. . M10IIT , lOo. Wo mid 30o
ZIP , TUB CHILI ) OF THE MOUNTAINS
QT , MAIIY'S KCIIQOr. . . dnnlini Chy , I
OvorX. AclvAntaifi-B of Nnw York.
Hlriiclloi ) In Mimic ami Art. Collmjn I'ruuiralory
mill Kk-utlvu Coursim ( it Study. Huirifimiuutii uiw
loriiopt. 1H94. MWUIIUA K. FAUVYKE.L. Prl