THE OMAHA DAILY HKE: FMIUV, .TAXT7ATJY 8, 1004.
WB CLOSE SATtmDAYS AT P. M.
Trading with
' '-this store is a
. Rood tidbit.
During the first few days of our sale we sold quantities of
nicplin.undenvii'ar, It lias loft us with many broken lines and
Fizes .of gowns -tlriiwt-rs, com t eoterg and skirts. We Lave
laketr wliiit is left of these? and made a further reduction in prjre
to Fell'theni quickly .licm ember the sizes are somewhat broken.
. V" .WOMEN" 3 OOWTf?...
At 6fr. nyjurrd Txom 8."c-an1 SLfA .
,Ai,75c ,rt)dare,d frora-ll.K unci SI. BO.
,4At fLpjrp'Iiicpa from SX.55 and 11.7a.
At SUWieijuord from WO and S2.2i.
AXJ.Ut.4tdacf d. irom lica .. . ,
.A! K&l redticed from I3.7S.
. At S1HV. reduced from H-L 14.50 itnd S00.
. . ' V 'n (TOT13KT COVKRS.
Ai EOr" reduced .from (toe.
...'Aiir. rqd joed 'from fif.Sa'
. Ai lllL p-rtacel from 1101
t. il.'Si.yetfiMid irfntn Sir anil 125.
t At S2fl.,.rt(lurd Irora S4.A0, S4.50 and S5.M.
IMP
(Y. M:C A Building, Corner
tant dailyjoaper "11 "Nebraska and the Aa-
soda ted Press have' representatives.
The, dramatic events t tame late in the
afternoon after Attorney Hatty had fin
ished his opening; address to the Jury for
the defense. It was Just' after the govern-
ment had called E. T. Bushnell, an em
ploye of the Treasury department at Wash
, Ington, for Its first witness. Mr. Hushnell,
-a tall young man, with a pompadour ana
' carrying a big envelope mounted the stand.
, 'Before he was sworn- General Cowln de
manded ..the attention of the court.
Cowln ft I sea Objection.
1 "I tatefpse an objection to the Introduc
tlonof any testimony, based on the state
ment tf Uf4 district attorney In opening the
case from which It la evident, that the
'question that will have to be met here
la W4hen Mr. Dietrich became senator. Ac
cording to the statement of counsel, Mr.
' Dietrich did not take the oath of office
until the second duy.of December, long
.after all these things were done. - There
fore I raise the' question now, unfortun
ately though It tnay be, but I believe 1!
' .! proper at this time to demur to, the
.statement cf the counsel In opening his
case. I raise the question that Mr, Diet
rich was not a member of congress under
this section of the statute (1781) at that
time." , ,
, District Attorney Summers The govern
ment is ready and would like to be heard
on that question."
Statement by" Rummers.
The -position of the prosecution and what
, It expect to prove Was ebtlfned by District
Attorney Summers In a statement of the
jcase to the Jury, of which this Is a tyn-
opal: , ... .
The defendant la charged with violating
"a law which provide thiit any member of
congress who directly or Indirectly takes,
receive pr "agrees to receive any money,
.property or other valuable consideration
whatever from any person for procuring
'or aiding to procure any contract, office or
place from the government, or any depart
ment thereof, or from any officer ot tha
'United States, for any person whatever,
; or for giving such contract, office or place
.to any person whomsoever, shall be deemed
.guilty of a mtsdomtanor.
The testimony will show that the defend
ant agreed to receive and received from
.Jacob Fisher money. uroDertv and other
'valuable considerations for procuring and
t aiding to procure for him, the said Hrhe.-,
ithe office of United State postmaster at
(Hastings, Neb.
. The testimony will show that on March
?2S, 1901, the defendant, Charles H. Dietrich, '
.'was duly elected by the legislature of the
atate of Nebraska, In Joint convention aj
. SKinbliKl, as a senator of the 1'nlted States
t'to represent the stnte of Nebraska in the
1 senate of the 1'nlted States fur the unex.
pired term of Hon. Monroe 1. llavwnrd to
fill a vacuncy, beginning on the 2Sth day of
March, 1901. That he drew his compensa
tion and pay a senator from the Znh day
of March, 1901; that he entered upon and
assumed to discharge the duties of a sena
tor of the 1'nlted States from and ater the
date of his election; that on December 2,
.liiol, he presented his credentials as senator
from Nebraska and took the oath required
.'to be takeri by a senator.
Heatlnt; of the, Dalldlnc.
' ' The evidence wll show that on March 9,
'1901, the defendant, Charlea H. Dietrich,
-tout for William M. Dution to confer with
thmi with the view of getting the posttoftlce
.'moved out of the Grand Army building In
'UievcUy f HustuiKS and Into what la
.known aa the Dietrich building; that Dut
lun went to e -'Dietrich ana talked the
propoitUtou ver -Willi elm,-and. .being Inter
ested largely in property situated Tn that
'part of the city of Hastings he (Dutton)
tlecMit' Interested wita Dietrich In gulling
. Hie pcwtotlice Into the Dietrich block.
That about March 12, 1W1. the defendant
';Dietrlch submitted a proposition to the
, iwlotltce .department to jmove the post
ofllcrr from the Grand Army of the Republic
btilltUoaT to- the' Dietrich block, the offer
.contemplating raising the rent from 7o0
,;per annum to tl,8ox per annum.
. The-offer of the defendant Dietrich waa
aeceiited on or about the Zlt of March,
'ml, and on or about the same date a 00
tlce wen-t forward from the PoatotMce de
partment In W ashington to the Grand Army
poet In Hastings cancelling the lease the
'rVostettloe department had with the Grand
j Army poet, which lease had soma lime yet
to run.
This notice to cancel the Grand Army
.lease when received by the Grand Army
.post Was answered by vigorous and numer
ous protests, and on or about March 27
'the jioetmaster general sent a telegram to
. the defondant Dietrich to the effect that
. strong proteats front the Grand Army peo
' pie bad been, tiled against a change of the
postoitice site; that a hearing had bean
, granted and an, inspector seat U inspect
the proposition
j Beads Message to Dittos.
. That on receipt of the telegram from the
postmaster general the defendant, Dietrich,
endueed the message In a letter to Dutton,
' urging Dutton to get the Grand Army peo
ple 10 see that their property would bring
more rent without a pustulllce Id the build
ing than it would with It.
' In, the meantime, the evidence will show,
the defendant, Dietrich, had arranged with
' Dutton to purchase. If possible, the pout-
' atflue fixture la the Grand Army building
- in Hustings.
The 'testimony will show ' that the de-
' fendant. Dietrich, notified the postmaster
general 00 or about April S, 1901. that im-
. mediately on receipt of hia telegram of
March ST, h went to Hastings and that he
' purchased, the poetofflce fixtures belonging
to the Grand Axuiy post, The tesiliuuny
' will show, as a matter of fact, Duttou,- aa
the agent for Dietrich, arranged for the
purehaae of thew Qitures, drew a contract
coveting , the agreement, whlob eoniract
was signed, by both tha defendant and the
1 commander ' and trustee of the Grand
Army poet. ,
The contract bound the defendant; Dlet-rli-h.
to pay the Grand Army post the sum
of Sr00 for the pontufhee fixture, the mouey
- to be paid on the date- the Dtietofllce waa
. .Temj4 from Ui Grand Army building
Into the Dietrich building.
' The testimony will show that after the
(defendant gut control of the puatofflce fix
tures lie m'lit to wsxnington and on or
about tbe JMth of, April, 1'U entered into
'a contract witn-to guvernnwnt for th
leailng of What Is Known aa the Dietrich
, pumucig in uie city or llaating or a term
of ten years from July 1, at an an-
nusl rvntal of Si.SH wt h the undnraiand--Ing
that he, th defendant, would procure
, end furniah fur us to the Dietrich build
ing the pomomce fixtures and that the title
' to the nxturee woutu paj to ins
. xc?ct-
govurs-
aadldate for rostsnaaferahlp.
' Th teatlraony will show that during th
rronth of April and tie e&rtjr piri f May
:Jnoua t'laher and Adam Ureor, botu ol
AJwe-yi Remrrrfcr ths FnTJ
iMctraU titOiu Txav. Ota ia 2 TJavg
cn every
H5
SI3.lQ3
Bee, Jan. J. 19 4.
January Clearance
nf-
Musiin Underwear
WOMEN'S DRAWERS.
At SOr, reduced frtmi HTkt and J 1. 00.
Ar Wc, reduced from SLZ5.
At Si-flu, reduced from SLBO and ST-Ta, '
At 11.68, reduced from S2.2S.
At 12.00, reduced from S3.00 and SS-50.
At IX0O, reduced from S4.00, U-60 and 100.
SKIHTS.
At 75o, reduced from fl-25. 1
At S1.00, reduced from SLED and S17i
At S2.no, reduced from S3. 00.
At 1250, reduced from SX7&,
At S3.0Q, reduced from S4.50 and S5.00.
At S7-60, reduced from S10.09 and SliOO,
Sixteenth and Douglaj Sty
Ilastlnas, were candidates for the ofllce of
lotmu8tcr at that place; that the de
fendant Dietrich was in doubt as to which
one of these two candidates he would ap
point to the poeltion, claiming that there
were strong rcaxons why he desired to ap
polttt Hrceue and that he was troubled be
cause of the fact that he waa urged to ap
point Fisher, The testimony will show that
on the morning of the 12th day cf May, )l,
the defendant Dietric h declared that he ha1
not decided yet which of the twp, Kreede
or Fisher, hi would select for postmaster,
but stated that he Intended to decide on
that duy. v
That herafter he. went to- his rooms' In
the Bosttslck and Sent for William M.
Dutton; that Dutton went to hia rooms,
and there Ujetrlch expressed his disap
pointment at not being aitle to secure more
money from the government aa rent for
his liiiMning. That during this conversation
the question of whether Brcede or Fisher
would he appointed postmaster was takon
tip and at that time the defendant. Din
ttich, agreed with Dutton that he would
appoint Fisher postmaster provided Fisher
would perform his (Uietiich'st contract
with the Grand Army post without expense
to him, Dietrich, and make up the differ
ence between the Sl,00 rent which he was
to receive from the government and SL500
a- year rent for the period of four years.
In other words, the evidence will show
that Dietrich requested Dutton to notify
Fisher that if he would pay for the
Grand Army fixtures and turn them over
to the government, and In addition thereto
to pay S00 In cash to him, Dietrich, that
Fisher would be appointed postmaster.
- Saya Fisher Is Sent For,
The evidence will show that Dutton wa
requested by Dietrich to see Fisher, give
hltn this Information, and tell Flatter that
Dietrich wanted to see him. That Dutmn
found Flshir in his place ot business In
compuny with William Keal and Leopold
Hnhn, and notified him that the defend
ant, Dletriah, wanted to see him In order
to fix up the postottlee matter; that. Fisher
thereupon closed his store and went to
Dtitton's office, and that Duttnii and Plsher
ittlked o,ver the proposition that was made
by Dietrich, and that Flutter, 'hreugh Dut
ton, fully understood the terms of the
proposition, and agreed with Dutton that
he would accept It terms. That thereupon
Fisher went to the Bostwlck hotel and to
tho rooms of the defendant.
That the next morning Fisher told Dutton
that he , had closed the agreement with
Dietrich as per the terms agreed upon be
tween Fisher and Dutton before seeing
Dietrich. v-
The evidence will show that after F1shr
left the rooms of the defendant that Dietrich
wrote a letter to the Postofflce department
In the city' of Washington and requested
the appointment of Jacob Fisher as post
mister lt -HhimIdxi at wtli eaj-llea possible
dste. Thnt thereafter Dietrich notified Dr.
Cook, with whom he had been speaking
early lm the morning and to whom he had
stated In- the morning that he intended to
settle on that day who would be appointed
postmaster, that he had Just agreed to ap
point Fisher and had written and mailed a
letter to the Postofflce department notify
ing the department of .Fisher' 1 appoint
ment. '
RemoTal of PostofTtce,
I
The evidence will show that th nnitnfflo.
waa moved from the Grand Army building
Into the Dietrich bulldlna on r
about July 21, 1801. and that the com
mander of the post at the time the post
offlce fixtures were to be moved took the
contract between the defendant. rltrlr-h
and the Grand Army cost over n
the German National Bank of which
Dietrich la president, and presented
It to be paid. aa rr Its
That the cashier nf tha Koir
Who is the confidential nvnnt An,l tha
r-ln-law of tha defendant, notified the com-
umnuer 01 me poet mat Jacob Fisher, the
newly anoointed nnotmnatxr knif
Into an agreement to perform the terms of
inn contract ror iHetrich. That thereafter
Fisher admitted that he had assumed the
obligations of the contract, and drew hi
check to the Grand Army post on the Ger
man national Dana lor tne sum or SoOO In
full payment of the condition of the con
tract -between the Grand Army post and
the defendant Dietrich. That this check
waa presented by the command or of the
post to the German Natl6nal bank of Has
tings and waa paid: that It was charged to
the account of Fisher, and that a .certifi
cate of deposit was thereupon issued to tho
Grand Army poet for SuOO. )
1 ne evidence will show that not onlv did
Fisher pay the Sr00 under the terms of the
agreement by which he wa appelated post-
inaaier &i naaungs, out in aaumon tnereto
he made several payment to apply on the
balance of SCOO. And that Dietrich admitted
that he had made Fisher agree to perform
hi part of th contract In return for hi
appointment aa postmaster.
Batty Addresses the Jary.
' Attorney Batty fof the defense then made
his atatement to the Jury, saying In part:
Gentlemon of the Jury, so that you may
understand the action of the defendant In
tills case, so that you -may properly In
terpret hi language as used on various
occasions, I will go Into a little history
or th condition of affair there undp
wnicn ne was acting at the lime these
various things were done, and these var
ious conversation were had with the dif
ferent witnesses, aa detailed by the prose
cuting attorney.
Tbe city of Hastlnas. In Its hnlni.H na.t
la principally built upon one. street. Sec
ond street, It 1 railed. Thai reaches three
or four blocks. At th one end commonly
known a the east end of that street is
locatel Mr. Dietrich' property, the Boat
wick hotel being part of It. There I also
located Mr. Dutton property, and also
Mr. Fisher , property, with various other
the other 1 need not mention. Hut all
three of those gentlemen who have been
brought before you as actor In this dram,
all their property stands In that part of
town.
I'pon the opposite end of that street
there are other property owner who are
Just .a solicitous for .their property In
terests as the properly owners at Uie east
end of Second street, and each one of
these contending factions being Intensely
Interested In maintaining their properly
rivhts, have kept up a war, a conflict, In
that town for the last fifteen year. ' In
all that time there never has been any
thing located, of a public.' nature, or of
a beneficial nature, that those two con
tending faction have not had to fight It
out before it oould be determined whether
lb should be located at this part of th
town or th other. It has been the prac
tice in that town for a large number of
years that whenever th postofflce In ttat
town was located the property owner in
that locality have made up to the Party
who rented the postufjlce a part of the
rent. That has beau the practice for a
puiaber of years, but waa -not the prac
U.n that existed at the time Mr. Fisher
Immediate predecessor occupied the oifioe.
That grew out of the angry condition of
th two factions. Thp waa no tlmev
there frobably In the history of that town
when th rrfrnntntit could rot have
rented a building for nothing almost, by
gettintc these two warring fartiusa flght
tne for lis location. .' 4 y
Uew lb. natter Oiltaiat-.
Tndr? this condition, now, sum ti7 la
ISoO. Mr. I'letrich commenced to bail an
other building at lb ttti end of ttooond
met. When he had iUs bxiiklir jiaril
completed lr. luU-un. thai run nave
heard spoken T hvrs -these Lhfng w ure-
tos t prove Mr Lmiioa mamuec te
kirn that Ida building would be a good
plarj
l'.ttC.
i- for the poeiuino-, ihe-C waa' atoui
About tha: time there hud twa-n a
recommendation on the paj-tof th thea
pr.sent .poatmestr.- which preaedod Mi.
FUnt-E, 'a recomcamdti-Uun to Ui nt
mfli,r general, wtie prvsenl rn H-t4-,
lit tne jiruaaiU jiii nfl)i'. or Uuiid-
Ing whreln the portofflce Was then lo
cated, was entirely iiiaiieouftle , for a gov-
eminent postnti
liRhted, bmlly
nite; tiAl it was puuny
ventilated, eicliteen feet
wine in front, no way ot netting any lignt
eXi-epi Ik the iro:it alio uai; Hint It
fuclii to he moved to a more commodious
fiiuut Ion. Then Air. Dutton euggested to
Mr. Dic-trl' li, 11 m lie was bulldmu on the
corner, only forty-four feet from that
that that would make a good iostoltice
building, and upon that suggestion, th
defendant had an Interview with th au
thorities at Washington to learn whether
he could rent thnt building to the govern
ment at Washington for a postotjlce. That
Interview culminated in an agreement to
rent It of Mr. Dietrich for a year.
That Interview, that agreement, and the
acceptance of th it agreement, waa all
consummated between the government, or
the l'oxtotflce department, and Mr. Diet
rich before he ever had anything to do
with or expected tr have anything to do
with n senatorial office 1 think before ha
was even elected governor of the state,
but at least, the wholn matter was con
summated before he ever dreamed of be
ing senator trom the state of Nebraska.
After that contract was made this same
warring faction that ia what I want to
come to this same element at the oppo
site end of tho town sent In a vigorous
protest, lutter after letter, petition after
petition, setting forth In the mont glowing
terms possible what tremendous outrage
It was upon the government of the
1'nlted Stales that It should Vay such a
price as that for tho poMofllce; and If
they would move It down to the other end
of town It could rent a room better lo
cated for business, or better located to
wards the business center, and for ft
fxeat deal less money, or perhaps very
ittle or tto money.
l)le:rlch tioes to Washington.
It then came to tl.9 knowledge of Mr.
Dietrich that they had a proposition
whether It was s'nt In to Washington he
did no! know thnt they had a proposition
by which the government was to have a
building nt the other end .of town vtry
much cheaper, and so he went to Wash
ington and canvassed the matter over ami
a new agreement waa made, by which he
was to rent for SJ.3otf a year, or a new
proposition was made In which he wna to
reduce tho rent to $1.r,no a year. Now, mind
you, Mr. Dutton and Mr. Fisher had been
called In In these former consultations,
which will nppeur by the ' testimony, to
discuss the situation as to where the post
office should bf located, and how little the
rent could bo mttde at this nlnce or that
plnce to secure the poRtoflk'e at thnt end
of town and prevent it from going to the
other end of town. Mr. Dietrich then goes
to Washington nnd mikes the proposition
of SI. 300. Knocked eft $rio0 year rent to the
government. Thnt proposition was ac
cepted in thn lace of these jirolests. But
that proposition was. they should Just have
the room I "might say the first proposition
of SI. MO carried with It that Dietrich wa
to put the fixtures in. the fixtures that
belonged In the old building, and to mnk
them over so ng to tit In the ne'. That
Is what he had to do himself. The new
building was forty-four feet front and the
old building eighteen feet , front, so there
had to be considerable more fixtures put
In. That Is what tho conditions were. In
the former lease, and thnt Is the condition
of-affairs when he waa discussing the mat
ter with all these others, with Fisher and
Dutton; and that was the condition of
affair when he authorized Mr. Duttcn,
will appear by the testimony, to make a
contract with the Grand Army of 4he Ilo
puhllo people, who were the owners of the
building In which the postofflce was then
located, to mHke ft contract with them to
purchase these fixtures, because he had to
furnish' them In the l ew building. Thre
were the condition of thtnga when the new
contract was made of Sl.Soo. This new eon
tract then was for the bare room, had
nothing to do with any additional room or,
with any fixtures, or any additions of any
kind. '
taetlon a to Fixture.
After he had made the proposition to
Oiem at SI. 300 the question then came up
about the fixture and what should be dona
about placing the fixtures. These fix'urei
that hud been In the old postofflce were
there; the evidence will show that Mr.
Dietrich then said to the officials at Wash
ington that there waa no doubt but whit
the property owners would take cure of
that ana that the fixtures would be put in
the new building, under the new Contract,
without any expense to the government
and turned over to them; that was the
talk they had then.
Under those conditions,- then, he comes
home, nnd with these same parties he calls
In Mr. Dutton and says to him. "Now, I
have made this contract' for Sl'Ml a ar,
and I have also said to the officials at
Washington that these fixtures that the
Grand Army of the.- Republic people own,
that twaa to take off their hands under the
former contract with the government I
have said to the government these fixtures
would be taken care of, and we would sea
that the people put them In." Now he aaya,
"Mr. Dutton, what do you think the people
wll! do? Can you take a subscription up
and raise money enough ttr buy these fix
tures and put them in?" Mr, Dutton says,
"I don't think we . can, but," says he,
"Fisher is going to be made poatmaater
htre, why not let him ray for them, a all
the other postmasters have done who pre
ceded him?"
Mr. Dietrich, replying to that, snld he
didn't care who did it; It was no obligation
on his part to do It, but it would have to
be done or the postofflce would not be lo
cated in thnt building, nnd It made no dif
ference to him how he did It.
Now this conversation, Mr. Dietrich say,
happened between .him and Mr. Dutton.
Mr. Dutton then, when he was about to
leave the room, ald Mr. Dietrich said to
Mm, "Tell Flatter t6 come up," and when
Fisher comes un to the room, after talking
over the postofflce situation and tha post
msstershlp. this same question wns put to
Fisher: "Can the money be raised here to
pay for these fixturca.'' , ,
Fisher Offer to Do It.
Fisher says: "I will do that myself; it
wl'l not be possible to take any subscrip
tion; we never could raiser the money, and
I will do It myself." The matter wa
drop.'ied then:
Prior, now, to -all this talk and without
any referenoe to this SW0 that waa paid
for the fixtures prior to all that, it had
been determined by Mr. Dietrich to appoint
Mr. Fisher postmaster. It waa so under
stood he waa to be appointed; Mr. Dutton
understood he was to be appointed, Mr.
Fisher understood he was to be appointed,
and there was nothing in thnt that. made
any difference that he should pay for those
fixtures aa a condition for his appointment.
The fact was Dietrich was under no obliga
tion to pay for those fixtures at that time.
Here la a gentleman who ha nothing to
do with the government. Is a private cltl
xen of the state of Nebraska, trying to
rent hi building to the government; trying,
probably, to make the best bargain he
could get the most money out of It. Here
la a whole lot of men protesting against
him. He la compelled 'to cut It down, and
after he cut It down, or Just before he
.cuts It down, when It Is In that kind of a
condition, the legislature make him sen.
ator. Now, you can see that a man's mind
ha been drifting along on a proposition,
he doe not realise he has changed hi re
lationship to that people simply because the
legislature ha put him Into an office; from
a business standpoint his relation to that
people Is Just the same aa It waa. Now as
a business man he waa negotiating with
other business men who had an equal In
terest with him in maintaining their end of
town, and In that negotiation ana mat
mlx-un, while there wa the leasing and
the senator and the contract with the
Grand Armr of the Kepublir, ai! thrown in
together. It ha been sifted out now that all
these were conditions precedent that Fisher
was not to have that powtofflce unless he
paid for those fixtures. I do not know what
the fixture were worth, but I can't eee
how Dietrich waa to get any benefit from It.
When the honorable district attornev
made his various statements about this
talk, that was made to Fisher, shout this
contract with the Grand Army and the pay
ment of that contract by Fisher, he wa
only telling their Hide ct tha case.
Admit All Thia,
Now. we admit that he made a rontrict
with tli Grand Army to take thoje fixture,
l.iit -mK h:ly he liim.e tl.ui cunu'aci uuu
peculiar conditional that when he made
to.,! i'unirni'1 we had' a lease from the
government for odr building for Jl.S 0 a year
i.iiint the Grand Army waa one 01 tiie
protesting partiea trying to get that leave
cancelled, and that we were induced under
all thoae circumstance to make that, but
when all tha protests went in the gov
ernment cancelled that contract and by
that cancellation w were relieved from
any contract we mad with th Grajid
Ai-mv of tne KeDUbllo.
Th-n the next proposition that will be
presented to till Jury: liicy have hd this
that they say they can prove thut Viaher
waa to pay a part of th rent, that h
m to ia-r tjfl oi the rent, maklna; th
rnt from the aovemment fl.y.O a year and
EiuO from Fisher, nuk nt LfXJ a jrar. They
ailoas lhal lu th indictment. 1 hey have
alleged be gut Ua Sato, alleged thai, la four
different counts, in, otij r- one
It doeen't mean four Kot. Tt-n lb have
lbgel tUK- la property; that to supposed
tn b the LA Oxltuei and )? tmlr.fc the
ry.a a iea for too years. rtd t'ney sy
the- exprct te pvr b rred t pnv
thai- llii: 1 another ivnylli-attun that
rites, thai wben 1 la BTraigiiLened ont be
fore the ley am sJI Ihe t-irc-amat.a.-ei
ml t rraki k err U wwmjt sue.
Aiaarirr coanpUcs4Va arose arUra Urt la.
rptcruu- cum r.-v:a V, art nvw
that rocna efur- Kie.irr waa avpoir.ttd yJ-t-Diaster
srtd movtod Ir.tn b r ' a lar
room n 'ff front nd 12 feel eein. and
,lt wa gvtling aiciur towartts the tti v
tii ax. and thi 1.11 arttir, Mr. ft'i-,i
cam wu- and looked ai the room, 4u,'l the
sav how ar you g'l'.ug tv heut frmtf
Villa a aUMC." -W Jiancr.
you can t do tt; you have a regular old
wtin her,, too ntticn room; you iu have
to put in a pnrtltl.ui nrrhut tnis oft 111 some
Klh.no or yod never can neat It at all.
io.it matter wa uisctmseo and linn 11 y It
Was detciiiiined that ill government would
put in toe puitition, and the contract was
sent out tncre ami me recommend. mem
was sent to - ashinKion. and uutrmiity to
make a. contract was sent out. Air. Ldet
rlcti was in the Philippine IkihihIs at tnat
tune, or had been, and in the interim or
Just about that tune ne arrived nonie. He
learned that they were going to put In
a partition cutting tweniy-tive feel oil
the hack end. 80 tie" goes to the officials
at Washington and says: ' I will put in
the partition myself it' you don'l need
that space. That was agreed to. He
comes hack from Washington Mr. Post
master Fisher had got nonce not to put
In this partition; tnat Mr. Dietrich was to
put It in himself. Mr. Fisher says: "1 See
yon have made a deul with the government
to take that twenty-live feel on the hack
end off Its hands amd put in a partition
there." -Yvti." "What are you going to
do with iU" He ays. "1 am going to
rent It." . ... '
Along In January Mr. Fisher Said, "iou
have i.'OXl if we started resting troin Au
gust "-along in January he made his first
puyment 011 the rent on that S-'110 nn ,ne
back room. Now this seems to be dragged
In ulno, that that Was a part of the con
dition ot Fisher's appointment, that he
was to pay S'.nu of the SI. 500 rent. We will
show by all the witnesses that there
never wits any thought of that; that that
S-'ao rent was never thought of until this
bnck room was cut off and became Diet
rich's property by an agreement with the
government long after Fisher had beea
appointed postmaster, long after he had
moved Into his room, long after the fix
ture were all set up and in running order,
was this room cut oft and thi new con
trict made with Fitiher.
They may prove bv Mr. Dutton here that
he had a consultation with Dietrich and
that S-00 wns mentioned on that Sunday
along In May there as being one of the
things Dietrich wanted Fisher to do. He
mav testifv that he remembers It that way,
but If you will remember, gentlemen of the
Jurv, that was all In the spring of 1SU;
thHt is two years ago; a 101m nine nm-i
that, before anything was said about It
and before any of the newspapers and
everybody else got to howling about the
government post offices being gold, a 11
ti,.,UA ihinffi ,1,1 t.nMMori nwsv from every
body's mind nnd various conversations hal
been had with Mr. Dutton and Mr. Diet
rich, because they were close friends and
frequently conversed on these subjects of
common interest between them na to prop
erty at that end of the town, and. while w
believe Mr. tuition may oe noneai nooui
that, he may possibly have gotten two ccn
versatlona put together and made them out
one; hut there will ro no question buoui
that. We will show by the evidence wnen
the first payment wa made. The very
first payment 0 rent was not mad uniu
after January.
Will Prove More. .
Wo will prove In addition to that that
PMuhor hud hnn navtnir IllA tfovernment
rent right along, paid different payments of
government rent, and nothing mentioned
or nothing to cover thl additional S-00.
He didn't, commence to pay that until In
January, 1902. . .
wow, geuuemen or ne jury, uim win uu
the line of our defense. We will show to
vou that while we admit various conversa
tions and various contracts and writings
and letter that passed between tluee p.ir-
tles, that it was ail legitimate ana 11 was
all consistent With good business mitiage-
ment . and there waa nothlna In It In any
way that will reflect and show that there
was any condition whatever there that
Fisher appointment had anything to uo
with it at all. When Mr. Dietrich wa in
the position of being senator he hud the
authority, or at least the courtesy ex
tended to him, to recommend a postmaster.
Thut wa Dietrich In one pofftl.m. Then
he found himself In another position, a a
property owner, and then he found himself
In the position of the government turning
certain property back to him, being the
owner of property the government had
rented, in that complication of that ort
of affairs they have undertaken to distort
that Into a crime, you see it rrom mir
standpoint. If we Drove these thing, gen
tlemen 01 tne jury, we can expeci at your
hands a verdict.
In reply to questions from the. court At
torney Summer stated that the evidence
In the hand of the government showed
that Senator Dietrich took the oath of
office December 2, 1901. and that the con
tract between the. defendant and Post
master Fisher was , made May 12, 1901.
Further that the. -act charged under th
six count gf the. Indictment each took
place, according to (he evidence that would
be produeed between, March 29 and Decem
ber 2, ML ..-. f.;x . ' :
- ale It Valr 'Uaestlon.
Judge Van DevarfW then said that the
question as . to whether , or not Dietrich
waa a member of congress at the time the
alleged act were ' committed had been
fairly raised. At the request of Attorney
Batty a recess of thirty minute was taken
so that he could prepare hi list of author
ities. Hi argument was brief. He Stated
that article vl, section 3 of the constitution
provide that congressmen and other public
officer shall be bound by oath of affirma
tion and that In the case of a senator that
the oath be administered by the presldjt
to the senate previous to the senatpr taking
his seat ID other words, that a man can
Dot become a United State senator until
he .has taken the oath of ofllce, there be
ing an Interim between the election and
tbe oath, for every office from president
to constable during which time the per
son elected Is not an incumbent of the
office. ' -
He cited a list of authorities to show
that a public office; Is not filled until It Is
accepted and that acceptance as well a
election and qualification are necesaary to
make a person such an officer, the expre
lon of acceptance being the oath of office.
All authorities whom fie had been able to
find, and he mentioned many of them, had
held hi view to be correct.
Looked for Thi Question,
It waa plain that the district attorney
had anticipated 1 this question a one of
the difficult obatacle to be urmountd In
order to perfect hi case. HI argument
waa prepared along thi line. It wa di
vided Into two parts; the first being an
Interpretation of aectlon 1781 (the bribery
section In the federal atatute) nd the sec
ond relating to a "de facto" officer, what
conrtltuted ucn and the responsibility
attached to hi act. He quoted the sec
tion, the second paragraph being:
Every member of congress who directly
or indirectly take and receives, or agrees
to receive anv money, property or other
valuable consideration whatever after bis
election a apch member, for his attention
to, service, action, vote or decision or
anv question, matter, cause or proceeding
which mav then be pending or may by
law. or under the constitution, lie brought
before him In his official capacity, or In
hia place aa nch a member of congress,
hall be deemed guilty of a misdemeanor.
Said Summers: ''The defendant wa a
member of congress, He wa either a de
Jure officer or he waa a de facto officer.
He wa elected a member of congress
March 28, 1901, and as such he drew com
pensation as senator from March 29. 1901.
On March 28. aa I atated. he wa elected
by the legislature of thla state aa a senator
of the United States to represent the state
of Nebraska for a term to fill a vacancy
beginning on March 28. 1401." ,
. Take I'p De Faeto Officer.
The district attorney then turned hi at
tention to the discussion of a "de facto
officer." Anyone attempting and acting aa
a de facto officer could not escape Indict
ment for malfeasance tn office simply on
this plea,he declared. If the acquleecence
In hi service hyd given him the right ta
o act. In the case under consideration, h
maintained, the defendant had undertaken
to perform th responalbillttea of a de
facto officer and was therefor amenable to
the pains and punishment tinder section
1,7X1. In quoting from sn authority h
said that a ds facto officer was not spokea
of unless he was aa rnewmbent of a fit
jtrr oflloe." la olbtr word that h ureal
ha-r soma rlglit t the till o? the office.
The oonrt had hint repel fms statsraient
Tbe court ' seemed to weary of th frne
wym argsxatxiX and at last Judge Monger
"Van -g1rflatrn officer Imvim a nwia
brr of thai body before that body mttur
Eunnour replied in the afftrmaflva and
said thel ths soatot ramd t t4Th th
qassnirra that a xmmVL'er of concyes la
onoua suadv xua tuna im Jus take Xb
oath, but from the time tho people says
he Khali represent them.
Vis llevanter AiVn fVnestloni
Judge Van Drvanter raid: "At a con
gressional election In November prccei! ng
the tth of March, when f'e terVn begins,
the ofllce of representative I usually flllcil,
but until next March hi preJ.'ceor per
forms the duties of the office. Can a in.m
become a member of congress with the
office already filled?"
District . Attorney Summer If he It
elected to congress to 111) a vacuncy he be
comes a member of cong.-s after hi
election.
Judge Van Devnnter This statute rays
nothing about vacanclea umt It your in
terpretation Is correct a person elected to
the senate or the house become a member
from the period of hla ieMton.
Summers He becomes n member cf con
gress In the meaning of thl statute, wh eh
provides thnt he shall not .(peculate tf? the
prestige or power which come to him by
accession to the ofllce. The second para
graph of the section to my mind make this
Interpretation clear.
Judge Van Dcvanter I the Indictment
found under thnt part of' the section.
Summers No, under the first i'anigr.ipii
of the section.
Judge Van Dcvanter Which n: noth
ing about the election. Waa Mr. Dietrich
governor at the time of hla election?
Summer I Kept finny.
Summers replied fn the afllrnintlve and
fn answer to the question how lorf he
continued as governor said It wa for some
weeks or dayi, to the best of hit knowl
edge. "Wa ho senator while he waa governor?"
asked the Judge.
"The evldenre will show," said Summer,
"that he'ussun.cd to enter upon the duties
of senator". '
Judge JVui.ger wanted to know what du
ties the senator entered upon or discharged.
Summers l.ltated for a while. 11s a pe
culiar Inflection had been laid upon the
word '"duties," but finally said it. was a
matter on which the Judges certainly wouM
take Judicial notice. Inasmuch a ever Bince
the founding of the government It ho,
devolved upon members of congress to per
form duties outside of those specified by
law. or words to that effect.
"What are they?" asked Judge Van De
vanter. ,
SummoVs snld the people had called upon
their representatives to fjll numerous du
ties, that such ,waa a matter of public
notoriety and that much of the time of
the congressmen wa taken up In depart
mental and other work.
'Judge Van Devanter continued to put
questions.,
"I that a duty?", he asked, meaning un
der the law.
Bummers said he thought it was that It
had been the practice so long that It wa
so recognized.
Make Summer Gness,
"Supposing he decline to perform those
duties. Ia he guilty of an Infraction of
law?" persisted Judge Van Devanter. '
"I Aon'f know that he could be punished
by law," replied the district attorney, "but
I do know that It would be hie" last term."
The Judge wanted to know If there were
any statute enjoining uch duties) and
Summer said If so, only by Implication. '
Judge Munger then recalled the case ' of
Robert,- elected a senator from Utah In
1897, whom congress refused to let take
an oath or admit him to a seat "Wns
he ever a de facto member of congress?"
asked the Judge. v
Summer remarked about certain ob
jections being filed before congress met,
but did not meet tha question squarely,
saying he thought a senator a d facto
senator In the Interim between election
and the oath, If he were duly elected and
qualified.
;.' Have) you any caset" asked Judge . Van
Devanter,.. with , hi . unvarying - pleasant
smile, "In which It Is held that a member
of a legislative body 1 a de facto officer,
or could be a de facto officer prior to tha
meeting of that body?"
"I don't think so no, sir," replied the
district attorney.
Manser Pat Pointed One.
"Who by law 1 made the Judge of the
qualification of senators or member of
congress?" asked the Judge. 1
Summers bravely replied that the senate
In one case and the house in tha other.
"Then how can you say that the de
fendant was a senator when the body
which alone by law can pas upon his
qualification of election had not convened?"
"For the reason that the same body
paused upon a similar case; namely, the
case of Senator Allen. He was recognlxed
aa the successor or member of congress
to fill the vacancy caused by the death of
Senator Hayward, who never even took
hia oath of office.4
General Cowln closed the argument for
his side; saying: 4
"It 1 utterly Impossible for a senator to
be a de facto officer before taking the
oath; secondly that the constitution did
not demand of a senator tnat be be qualified
when elected, but merely when he took the
oath of cilice, citing Instances where men
elected while laboring under disqualifying
conditions had removed the difficulty and
been duly admitted to congress. Senator
Dietrich acted aa governor after he wa
elected senator, but at the same time the
constitution provide that a man cannot
be senator and governor at the same time.
While governor he wa disqualified for con
gress, but when he became a member of
congress he hall removed the bar, having
previously resigned from the governor
ship." Personnel of Jary. v
Following I ' the Jury trying Senator
Dietrich' cae:
Phillip Potter, Omaha, In real estate and
Insurance bitslness. Has resided In this
cltv sixteen years.
John H. Knowles, Fremont. In the hoe
business and ha lived in Fremont twelve
years.
William A. Carroll, Fremont, where he
has been a citizen for twenty years. Deals
In agricultural Implements.
Albert' Kiting. Grand Island. Is Inter
ested In the milling business and ha lived
there seventeen years. ,
George L. Kennedy, Ilrownville, farmer
and resident of the section for twenty-two
years.
t'harlea H. Justice, .Friend, where h haa
lived eighteen year, la a dealer In gen
eral merchandise. '
K. U. Potter. Omaha, Is engnged In tha
printing business and haa lived .here fur
more than ten year.
W. B. Cornutt, Nebraska City. Resident
there for five year and I a lumber dealer.
William Wood. Seward: residence thir
teen years. Is In the harnesa business.
George Beck, McCook, where he has re
sided sixteen years. Ia now in the hotel
buslneis. which has occupied his attention
for three years. Previous to that wa in
train service for B. A M.
C. A. Phillips. Lincoln, where he ha lived
for five years, three of which he was a
student at the state university and the
latter two aa a bank clerk. He I th
youngest man on the Jury, all the other
being men of middle age or past.
H. P. Makeley, Grand Inland, where h
lived thirty-seven years. For nine month
hs boen an Insurance agent, but before
that time was foreman of th car depart
ment In tha Union Panlflo ahopa..
Adcnoalabea by Co art.
Th Jury Is la charge of Bailiff Day
Miller and wa Instructed by th court te
retnaia 'together nnrH too uus Is finished,
not to ailnada vita tha public and to keep
lis mind free of Azsj outald leflaecee that
might beau eat tlx case This. Jadga Vaa
Dirranter ex plained ia preferable, because
of tha peculiar ehanurUr of the case and
Oil gcMral Interest It has extfeed. Ha
nrxed tha jnrors ta rrserra thetr opinion
and conclusions imtD they bad neard aJI
th erldenoc. and ta ne tha vrldanoe alon
In establishing their -rennet. They ar re
b comTtaWtly tmde- the fitpervlsjon of
BirTlHT yrru 1x0 h Is tbs court room and
WTtbmri.
Ths jnrynusa x lAug laiyt jgl arg at
the Millard hotel every minute they are
not In the court room. No one Is allowed
to talk to them and not even to member of
thilr own family or a messenger would be
permitted comoiunlratlon without an order
from the court. They are forced to forego
reading tho dally paer and the triet
cst precaution are being taken to gunrd
against contact of any kind with their
fellow men.
Talesman Bennett of Pawnee City could
not say nt first whether be could start
upon the case a an Impartial Juror, but
after questions by Judge Van Devanter,
who did all the talking for the court, con
cluded he could render a verdict In ac
cordanee'wlth tho evidence. He wa later
rejected, however, on the pre-etnptory chal
lenge. Had Formed Opinion.
Arthur W. Hkkman of Marquette fulled
In the rame manner as Bennett. He was
not entirely certain whether he could he
an Impartial Juror oh he had, formed opin
ions. I,lko all the other talesmen he had
read the newspapers and conversed with
others about the extraordinary case. He
waa challenged by the government
Charles C. George, the Omaha rta! estate
and financial man, had talked with persons
presuming to know the facts in the case,
wu challenged by the prosecution and ex
cused. In his place' Nell Duncan of Paw
nee City was called. Mr. Duncan did not
think his opinion would blind hi eyes as
to 1 the evidence, but. ho w as rejected on
the peremptory challenge.
Pltlllip Potter, 11 real estate and Insur
ance man of Omaha, was somewhat afraid
of "unconscious Influence" which newspaper
reading might have effected, but was ac
cepted. John II. Knowles of Fremont said
he thought he could be nn absolutely Im
partial Juror. David M. Knight, and ag?d
and retired gentleman of Hasting, who
knew the accused and niost of 'the wit
nesses, snld he had a Well rounded opinion
about the case, and upon Attorney Rush"
challenge tho court excused him. P. H
Hopkins, a hotel man of Tecumseh, with
whom Senator Dietrich hud stopped,
stated, he had read everything he could got
on the case and Had formed an opinion.
Ho told the court ho would believe the
newspapers until evidence wa Introduced
to the contrary, and was excused. Wil
liam Jones, F. I.. Bennett, Arthur W.
Hickman and Nell Duncan were discharged
upon pre-emptory challenges, the govern
ment taking advnntage of all three oppor
tunities afforded, while General Cowln
waived two. In their stead the names of
William Woods of Seward, George Beck of
McCook, C. A. rhlllips of Lincoln and
II. B. Makeley of Grand Island were
drawn, and after examination they were
allowed to serve without chalenge.
A Ganrnnteed Care for Pile.
Itching, Blind. Bleeding or Protruding
Piles. Tour druggist will refund money If
PAZO OINTMENT fall to cure you In
6 to 14 day. 00c.
DEATH RECORD. ,
Michael Shnaghnessy.
TECUMSEH, Neb.. Jan. 7. (Special Trie
gram.) Michael Shaughnessy died at his
home in this city thla evening after a long
Illness. He waa troubled with an affliction
of tho Jaw and In Septemhff had a large
portion of his Jaw bone removed. He wa
ft nnf e of County Co-low, Ireland, and
came to this country when a small boy,
lived for a time In Vcrmoi t and Inter In
Illinois. He wa an old soldier, being a
member of Company A, Seventh Illinois
Infantry. For twenty-five year he had
been a trustee of St. Andrew Catliolle
church nf th"l city. Ho leave a wife and
eight grown children. The funeral will
be held at the 1 Catholic church . Sunday
afternoon. Mr. Ehaughrtessy wa a mem
ber of'thf-clty council here-for -eight years.'
-',- Mr.: jane Bnttertleld.
CREIOHTON. Neb.. Jan. 7.-(Speclal.)-The
remain of Mrs. Jnne E. Butterfleld,
who died In Page, Neb., at 9 a. m. yester
day, were brought here for burial today.
Deceased was one of Knox county' oldest
settlers, coming here In 1SP0. She leave a
family of even boys and four , girl.
Death wa due to heart failure.
Daniel Hamilton. ,
BATTLE CREEK, Neb., Jan. 7. (Special
Telegram.) A young "man named Daniel
Hamilton, age 20 years, living at Savage,
Neb., while visiting hi slater, Mr. Charle
Rice, living near here, wa taken with ap
pendicitis and died this morning. The re
main .will be sent home today.
D. .1. Davis.
PIERRE, 8. D., Jan. 7. (Special Tele
gram.) The death of D. J. Davis occurred
at hi home at thi city today from
Bright' disease. Mr. Davis wa late post
master at East Pierre and one of the
county' commissioners of Hughes county.
The funeral will occur Saturday.
Parke Godvrln.
NEW YORK. Jan. 7. rarke Godwin,
from 1837 to 1SB3 editor of the New York
Evening Post, of which he again became
editor a few year later, and well known
a editor-and author of several book, died
today.
Mr. Rachel Davit,
Mr. Rachel Davis died Tueeday. Sh
was born In Urbana, O., May 10, 1822, and
had lived In Omaha thirty-three year
with her sister, Mr. M. D. Cook. The
funeral will be held at the late residence,
1411 Vinton street, Friday at I p. m.
Charles ftoeke.
NORFOLK, Neb., Jan. 7. (Special.)
Charles Roeke of Foster, one of the most
prominent cltlxen of Pierce county, died
at hla home this morning very auddenly.
He wa a veteran of the civil war. The
funeral will be held at Pierce on Saturday.
Mr. II. E. Kirk.
EDGAR, Neb., Jan; 7. (Special.) Mrs.
H. E. Kirk, on of Edgar' oldest resi
dent, died yesterday morning after a
lingering Illness of organic disease of the
heart. Tho funeral will not be held till
friend arrive from a distance.
Dr. Ashley Lectures.
Dr. Ashley, the assistant of th famous
surgeon, Dr. Ixrn, from New York, who
came to Omaha to perform an operation
with Dr. W. O. Ixird Monday, lectured ye
terday to the students of the Omaha Med
ical college on the subject of "Congenital
Hip Disease." Dr. Ashley was once a resi
dent of Beatrice.
IS ACKNOWLEDGED BY THE
blST JUDGES TO HAVE NO
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SPARKL1N6. imTnriJL FRUITY ,
CnAMPAGKE.
f?DRUMKARDS
HIT DO VP COfck ''.' ait
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l r ! UO nusf. ttlr
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ICO. Glftc Sit South 14th t Omaha, Nea.
A cathartic of the
highest merit.
Wright's Indian
Vcgoi able Pill
s
Used for 70 years.
Roman Eye Balsam
For Weak or Sore Eyes
, r sale ky all draxdit.
AMtSEMEXTS,
CRItlOrlTOH
Telephone, 1581.
Every Night Matinee Thur.,, Sat., Sun.
MODERN VAUDEVILLE.
Lillian Burkhart k. Co.. Annl Abbott.
Stuart Bamaa, Irene Franklin. Armenia
Tito Troupe, Arnlm Wagner, Lew Well
and th Klnodrome.
Prloe 10c. ZSc, 60c ' '
ItnVTVM ONB or THE SAFEST
I3U 1 U J THEATERS if AMEltlCA.
M Means of Exit ASUKSTOS CURTAIN.
Tonight and Saturday Matinee and Night
Plffl I In His New Play.
III'. I THF U1H
L1URPIIY
FROM MISSOURI
A Splendid Co. With DOROTHY BHERROD
SUNDAY. MONDAY. TUESDAY N1QHT8
Spac-tal Matinee Tueeday,
TUB IMtBT IBT."
The greatest of all colored artists.
Theater
13-25-50-75
Tonight at S:li
Lsttis WililaASlu
run Ntii
SATURDAY
Bast Soatii
2 Canto
uili k anur umi:
a, ,... " .. - - u i Harmaa la "That
Cbarlur Xmimb-'
Saul r'liti a i?ijtmt2d.(lA,,i:it1
rtV 4 ft