Omaha Daily Bee Newspaper, January 25, 1886, Page 5

A BECCAR ON HORSEBACK. The Nice Young Man Who Borrowed a Horse, But Forgot to Retarn it A COOL DEMAND FOR $30,000. The Great Libel Buit of J. Milton Hoffman Against E, Rosewater, BARNES ON THE WITNESS STAND. The Owner of the Borrowed Horse Reluctantly Refreshes Milton's Muddled Memory. it two weeks ago J. Milton Hoffman, rsecretary of Governor Dawes, com- menced a libel snit against E. Rosewater, editor of the Omaha Beg, in the Lancaster county district court, The subpmna served upon Mr. Rosewater at Lincoln gave him until the 15th of Febrnary to file an answer, and it was thought that the suit would along for months and perhaps for yoar: thie most of such cases, To the surpri the plaintiff and his attorneys the defendant has already taken steps to foree the issue, Notice was served by - his attorneys, Mason & Whedon, upon the plaintiff that the depositions would be taken, and accordingly on last Thursday the first witness for the defense was ex- amined iu the oftice of Mr. Abbott, a notary for Lancaster county, The witness, Mr. nes, who was the owner of the borrowed horse, was very reluetant to respond. Great pressy hiad been brought upon him by Hoffman's backers to revise his recollections, and an at- tachment had to be served to bring liim be- The following is a_trans. tof the testimony, the only omission be- ing the stereotyped objections of the plain- 1if's attorneys to nearly every question put by Mr. Whedon, The plaintiff, Hoffman, was present in person, and wyer and Judze Webster of Lincoln, conducted the case for him EXAMINATION OF MR, BARNES ixamination of T. . Barnes, by Wiliedon, attorney for defend Q. Statc your nawme, oc ipation and place of “residence, A, Barnes: reside three miles e: Lincoln; oceu- h O, . $ou atauanted With the plaintiff in rnlm Milton Hoffman? “A. 1 am. um: have you been Juainted AT should think since about 8 ‘. along about that time, llu\ You @ had any business trans- actions with the plain{if? 1 have, Q. At what _time did _those i commnience to the best i ate what the business rolation ing between youand the plaintiff were? A It was concerning the ]nu\'hflm of some ad- ditional eighties, additional homesteads, Q. At the time you entered into these rela- tions with the plaintifl, were you o purchasing wnat are known ional eighty rights! ({ what DUTDOse 410 Jou (\m]vln) the plaintiff, if you employed him at all? To purchase those rig Q. At what places was he to Y\lrul\:\m those 'y ||:hl\" A. Anywhere he could find theu, Q. Have you ‘a copy ot _the original agree- ment that you had with Holfman in relation to that business? had one but I de- stroyed it with a lot of other papers some- thing like a year ago. Q. Hn\l’\l:l neitl o "By th that agreement were You 10 Tyt the SNINCE i awyer objects: incompetent, i and inmaterial; the written cont speakk for itseli; it doesw’t follg that is destroyed, that that destroy contracts in existence. Q. (Sawyer,) did rto Hoffmar duplicate of the contr did he have one? Whedow gljects to his eross-examining the witness at this time, Q. Did he have one of fae_contracts that youand he entered into? A, I think they were both in Mr. Hoffman's” hand mrlu f thetn. \|s(- 1 the original now, nor clovant et will because all of the wiiting, A. He had Were you would not Q. (S \\? 01) Did he have one? one and I had one. . Pleaso answer my question. 1o furnish him with a horse? A, 1 be positives the contract will tell, . Did you as a matter of fact furnish Hofl- horse for the purpose of his use while in your employ in this busine: A, urnish him a horse. Q. Describe the horse. A, Bay mare, about a thousand pounds, about six oars 0 % What was her value, as near as you can llt that time? A, 1should have “refused $150 for her. Q. Do you think she was worth if? A1 do: she was quit a valuable animal 'as she worth that in the market? A, T could not say that that was her market val- ue, but I should have refused it. Q About what time of the year did Mr, Hoffman take the horse, to the best of your recollection? A, I think it was in the winter sometime; January or February: in the mid- dle of winter, Q. Did he ever return this horse to you? A, Ie had never returned it to me, . Have you seen the horse sinee the that he took it to use? A, T never have, Q. Haye you seen Mr. Hoffman sinee the day that he "took the horse? A, 1 have,- ). How soon after he took the lorse was it before you saw him to the best of your r lection? A, ‘The comung suunner orspring t\llul le took it Q. Did you ever have any conver: with the lllmllll" \I| Hoffinan, in rega the horse? had. ({ You IIHI\ »l.\ln whether or not you ask- ed iim at any time what had becowie of the horse? A, 1 Q. State what he said in reply, thing? A, Ho refused lluulun whatever cons Q. Youmay tion how many the horse was or what P 1 asked him several times during a conver: tion we ha Q, What reply, if any, did he make? A, 1He said that mattered notafter we had set- tled it up between us; he gave me a note and told me it would make 1o difference whether he let me know or not, yet he did not let me now. Q. What did he do. if_anyihing, in regard to ]v.l?lug for the horse? A, 1I¢ gave me a pronlasory note f. ou gotthat note now? A, 1have not; 1 dulivered it (o li. lf Do you recollect the amount of that note? A, 1do not; it was something like 1 Q. What was that note given for? A, 1t was given in settlement for the horse, money and other articles he had with him. Q. How much of 1t was for the horse, if ol mmombw' A, That was jll\l the sum otal; it was for the sadidle, bridle, blanket luul huluu the sum of 333 in money—nearly day tion rd to if any- to give me wny mfor- rning i, ( How much money Alhl)ou fu IR when he le horse? A, 1 handed h 3 Q. You may state w ¢ not at the time he gave his note for the horse you ).ii\\'u 1o him any paper in writing of ahy kind, lfi\\e hini a paper, ave youa copy of;that paper? A, 1 have not. itself? A, I have . Have you the paper . State the contents of that paper. A. 1 belleve it was in his own handwriting: it was an agreement that 1 should not prose- cute bim eriminally, For wl . 1conld not say what it all ‘contained; it was an agreenient not to prosecute him mmm.\m Q. Did you bave any conversation with Mr. Hoffuian af the tine that that paper was delivered 1n regard to giving him the paper? . He would not sign the note until I had gned that agrecment with hin. l)m he at that tine say to fm‘ that he would not sign the note until you would rue that you would not proseente him for l]‘ll‘flw horse, or words to tlat effect? e would not sign the note until I sicned flle agreament; the word * ng” used for “not returning.” e{ Will you give, 1o the best of your recol- lectlon, the wording of that paper? A, 1 could nulglvo vou the wording of it any auore thau that it was an agreelent on iy that I should not prosecute him erim- nll,\i)for not returning mi) ‘nupun). offman at th ime say to you lln\l hed lzd consulted a lawyer about” it? Q.1 will ask you to state fully all the con- 10! ‘stealls wasn't versation that yon had with Mr, lloflmu\ mznrd 1o the horse, as ‘to his not returnir what, if angthing, ‘you said about nof prn-vmvfln( Nim for taking the horse, or not returning it, and what he said in ro\-ly if anything: state all of that conversation o your bast recollection. Al given most of It. Q. Youdid not state about the attorney, what he said and what you said. A. When hie had talked abont having that agreement signed, 1 made the remark, “It is not neces- <ary, for I have no idea of prosecuting you criminally: were I to do anything of that kind my idea would be a civil action, and these facts would come ont: T could not & them back wor eonld you.” ' He said that had consulted an attorney: that 1 could not do anything anvhow. 1 told him if it wasn't settled up that 1 wonld try it and see. After he had met him_out there Tn'Tront Of Kngli<h's grocery, just abotit opposite hers, about hialf way between Tenth and Eleventh streets, on the north ide of 0 street in this city, and Ispoke to him about paying the balanee of the note, as he had heen rather tardy, He said he would be damned if he would pay the note. I asked him why, Hesaid in reply that he was a damned Tool to give it 1 will s what can be dones I will sue this, 1 started off. He told me to stop, and we talked he matter over furthe fold him that he had better settle it w had already lost on i, and lie claimed th lost on it also, I think he fixed a ce 1e for pavment of the balance, which 1 eve lie ma Q. In whose handwriting was that paper ( at the time that le gave vou in_ which you agreed nof to vrosecute him eriminally L could not state: 1am wnder the impression that he had the article alr stepared in s pocke and that hie produ L i ave it to e, 1¢ may have been redrawn in my handwriting, but 1 have forgotten now: my attention has not been called to it: he produced the paper 1y drawn, but in whose handwriting it was 1 do not know. Q. [ will ask you o state if you remembor whiether or not he required as a condition of the getting of nnn note, that you should sien ) . Hedid as o positive condi have already the note, o to state anything that regard to the plaintiif ever i heen arrested for stealing your lorse, ) Dever chiarged i with stealing o Borse, « o, What, it anvthing, - you Kiow narrested. “State any t . lie first knowledge Thad Yirong about it was from M l‘lllh. fanth strcets, m this elty, fost a horse, [ told him th horse. 1 answered him 1y Tuptly, and passed by i, but thinking [l 0 too abruptly, t back and said: 1y how He aescribed the Hoffman, and I saw inamoment that it was my horse and Mr. lluflmun e suid he had “offered to seil it for $40 at Firth Q. That is in what county? A. Lancaster. It had aroused his ~uq|m1um that every- thing wasn't right. Q. What did you afterwards learn in re- gard to disposing of the horse, or as to his being arrested for disposing of the horse? Anything of llm\ l\||1<l~|‘ne fully. A. T is C. F. Hedgos was here from Arkan- ssouri, and hie_asked me if I had seen an. 1told him that 1 had not, and also that he lad « horse of mine that L would t, and Lgave him an_order for the hin to wet it, Some days ived a telegrinm marshal of Springfield, Missouri, s that Hoffman was under’ arr me what to do._ I tel o, and wrole M. Holluin to'come home, <iew nothing further of the matter until Mr. Hedees came here and told me what had been done. Q. Abont how longafter Mr. HofTman took thé horse was it before you saw Mr.. Hoft: man_ again in # ATt was in the coming Spring, or .rl, summier. Q. About héw many months would you .1 think it was some four orfive Ioffinan_at that time ing wrong? State o when you were alling about the horse. A. Yes, sir: he told me he knew he had_done wrong; that he hadn’t ought to have done as he did. Q. Were you talldug about the horse at that time? "A. Yes, Q. Youmay it wi y to lmnt how lmu.‘ after My, Hoftn returned before h ote in scttiement for the horse and A. Lthink it was soon after he e, within a ver; Q. Did you state these S . Edward Rosewaler, the defendant in this case, or the substance of them at any time, do you recol- lect? A. We had a short conversation con- cerning them. . 1n regard to these same facts? of them. . Do you recollect now that conversation; ‘what it was full A. Most of it. I gave it to Mr. Rosewatér at that time coufidentially, not as a public matter at all. Q. id you ever discount this note, or poseof this note, that Mr. Iloffman ou? A. Tthink I once had it in the ational bank of this city as collateral or left it there for collection, one or the other, I don’t recollect which, Q. Lwillask you if yourecollect whether or not y m ever sold it to them or discounted it there? “That T will not say. Q. Do \muocun.-u chether or not y any conversation with any of the ofiicers of the bank hregard to the note? A. lhu(l a conversation with Mr. rl concerning this aflai out the time my horse w gone, He informed me that Mr. Hotfinan was one of the nicest young men of the town, and that it conld not be possible, Q. What had you said to him that led him to l that Temark? A. 1 went to Mr. Cl: 51 knew that he was well acquainted \\Ifll My, Hoffman, to see what kind of a man Mr. Hoffman was. He told me that it could nof be possible, that he was one of the nicest young men of the town. I told him that it certainly was so, for I believed that 0. C, Lyvans hiad told the truth, and I told him still O it Ay AL my horse was; he had written for money and each time 1 had answered him asking for the horse, and [never got any reply; he d] dn‘z tell o where the horse was, and I did not forward him the money ; if he had informed me I would ha \0 sent the mon Q. What reply, if any, did Mr. Clark make to that? A, Ho told me’ that it wasn't poss ble at all; that he knew him to be a \('r* nice young man and there was some mistake about it. A. Some Q. Di you ever have any conversation with Mr., Clark after Mr. Clark knew that he nover did return the horse? A, I would rather — not draw _ Mr. Clark into tl) business, as I would have to suffer by it. [On the reading over of this Iu t of the deposition the witness struck out hese words: **As I would have to suffer by it,”" to which Mr, Sawyer objected.] He is very friendly with me, and I haté to draw him into it,” L think Mr, Clark wanted to dowhat wasright; he was friendly to both of us, . Youmay state whether or not you ever rave Mr, Hoffan any Aullmnlu to sell your jorse, A, No, sir; no authority in the least, The last conversation we had my oflice, which at that time was opposite the Commerelal hotel, 1 told him to be sure and bring the hor -ImL to me, and he said, 1 will, Mr. Barnes, Q. 1 'will ask you 3 . Hoffman at any time applied to ) \ by er or telegraph for |u-nmx~|un|o~ 11 or ose of ?mu hor: property ? A, No, siry he could not hg ot it unless it had been a matter of necessi Q. You may state what claim, If any, he made after he returned of the right to sell the horse? A. He never made any claim to e that he had any right, only that it be- mmlowhl and he dido’t want to'travel in that \\ \\'lml reply did he make when you asked I\lm what hud become of the Lorsé, A, He refusad to give me any information. Q. Do you know now where the horse is? A, 1do not. Have you everseen the horse, or got traee of it since Mr., Hoffman took it? never have, ondy what Mr, Evans told we, and I \11«( hu'd and told Mr, Evans to find it: Ay, Evans thought it was sold between 1) and the state line, ye you ever seen the paper that you a\e m lh Hoffman at the time he gaye you the ote, since giving it to him? A. No, 0 CEQSSEXAMINED BY MI WEDSTEL, . State when this arrangement under witent you delivered the horse to Mr. Hoff- wan wius made. As nearly as you ean, state the vear aud the tiwme Of the year. A, 1 could not give you the year uitil I haye at some papers, The contract will Have you zot the contraet? A, I have nol: it was in the winter time, January or l-rlnuar) quite cols . Whit Year w do yon know? A, 1 would not give the umn without looking at tho papers. Q. Could you state within four or five years? A, I'would not try to give it to you Without lrieuluz to the papors. r which you A, hmo nt my house, Before you sign your deposition I want yoti to fix that time, at feast the yoar.and attach such papers as you may have which enables rou to fix the time, ot a copy thereof, to your leposition, A, T will § vou the date. 2. Before signing (ll‘ 'lrlw~||lnn fix the time, "vlmlu"‘ Yes, Twill, ‘ogether with a mpx of sueh memo- rnlu‘\lm as enables you to fix the time? A, I conld not state that I would part with that. Q. The memorandum, or a copy nl |~ which enables you to fix the ti Al Q. Thls Armingement with Mir. ioftma was upon A written memorandum or con- tract? A, I believe it was, Jodge, Q. You have no copy of 1t? A. No, I have not: I had one. Q. Can yor te its general purport? It was that he was to buy additional home- steads for me, « dditional homestead claims or rights? QW here was he to operate? A, Any- “1 ‘re between these places, “-om here to nsas, in Arkansas especiail {\ 1t contemplated his going as far as n A. Yes, and there were a good 0 Ium~ in this coun Q. Wher 'I||~|u"1||4||n|ll'r~ for you to communicate with him? A. 1 don’t remember, Q. Do yoru ren uch place? mhm whether or not there A, L conld not state at. 1do not see liow he could have nd one, as he was changing aronnd all the times there may have been some et place to send his mail to, but I could not be positive l\lmm that, Did that written memorandum embrace fllr‘ ‘whole of the understanding between or was there anything oral besides that?” Ldon't know whether it contained itall or ne C. You would not say that it did. A. No; as far as the purchasing of the claims is con- cerned 1think it did, but wheth the prop- crty was mentioned in that I could not s Mr. Hoffman drew it up himself, Q. Was he working upon a salary, or e with an interest in the business? uld not state Low that was: the contract will show. Q. Youdon't remember whether his em- pIOy ment was upon a fixed salary or upon an interest in - the results of the busines . Lcoulid 1ot state how that was, we had <o many differeat arraugements: sometimes [ would deal with one man in one way and with another in another way. Do you remember whether or not in dealing With him you either in writing or orally guaranteed any particular amount per yearto him in the business? A, I could not en- 1 . Whether it was mentioned in the writ- ‘ot not, you were to furnish him a hor: as aweans of conveyance? A, That was my agreement, to furnish a horse, saddle and bridle, Q. And you were_to furnish him forexpenses? A. Yes, sir. Q. And you neyi nt_him any after he left home! A. No, sir: feel safein wn(ll!u! any more after t came from Kvan lu send more mon You furnished him 835 when he left HONIER A ok ST Al that ol Heve carried ng way if he liad used it ju- diciously. Q. Did'you request him to see or call upon parties A. I could not give e namies; there was one near Neosha Falls, an, Q. Was there anything said that in ease he cotid muke n good trade for addjtional eighties, or anythi sort, that he could No, sit: notat all to my knowledze or ceollection. Q. Eitherbefore he left home or afterwa in Writing? A, To my recolleetion I ne wrote it ? v K Would you swear that you did not? I would lntln‘ best of my récollection. That is your only answer, that you O That is all gone and it llihll t been on niy memory. Q. Didn’t_you o orally before he went away ? A, I most undoubtedly did not; my st Yohaige to lim was to bring wy horse money money did not story Lhad no encouragement uux\l Wasn’t it a question for sometime be- en you and he whether he should go on horseback or take some other means of con- 5 you could not buy ]|n||uc~lc.ul claims and travel on a railroail train Q. Was_ there not some question as to hetlier e was to go to this field bor where he was to search for the claims b othier means of conveyaneo, or to g0 o b ield of operation? A, We 1that ov t the concel in the contract; that sef up what we agreed on. g Q. Then it “imight have been talked at first that ho perhiaps might better 0 to bis el of ..,n-mnun by rail? A, Possibly it might. How long after Mr, Hoffiman left was it bmmo vou heard from him by letter? A. I don’t remember, Q. C: .u) you state about how long? A. I could not. Q. Can you remember where he was when you got the 1 letter from him; where the first Tetter was written from? A. no! Have you ?nt auny such letters with )ou? Thave not: T destroyed a great many let- ters about a year ago Did you ever receive a letter from him? A. T recelved a letter from him from some Eunn south asking for money, and I wrote ack, I believe, what I had heard from Mr. Evans, and asked about the horse. Q. Was that from Manhattan? A. I could not say. ( l)ul you write back to him at Manhat- ta T conld not say Q. nm\uu keep a letter press copy of it? A. T haven't got one. Q. You have no méans of fixing as to what points you wroto to, or fromwhat points you were to hear from him? A, No, sir. . This letter that you wrote to him, was it returned to you? A, Not that I remember ( Q. Youdon't remember whether it lulnl'dm)mx bR O 1 TIave B 1ecoltbe: tion of the letter being returned to e Q. You have had letters returned? A. Yes, 1 could . Did yon get. answer from him in re- sponse to that letter? L could not say; & Hoffman wrote sc\\r.\l letters from the South, asking me to send money, and also when e got into Arkansa Q. Yun don’t remember whether or not he roturned the tirst letter that you wrote to him? A. No: 1tried to get information about my property, but could not, consequently I sent no noney, Q. Do you remember whether or not you wrote a letter A. 1 could not state the names of tl Q. How long after he left was it that you wrote? A, Icannot give the names of the places ov the datos, Q. Have you any of the letters that you re- ceived froin Mr. Hoffman during the time of hisabsence? A, 1 have not; 1 had these letters with the contracts, and I think a year ago last swmmer it was' I burned a great many of the letters and contricts, as [ did not think 1 needed then hink [ burned all of my old _letters and ||n~l~ that I had at my liouse which I had no use for, Did you write him wore than one letter d l(l \\hnl you heard from Evans? A, “lwlhm one or several letters . Could )uu ecollect whether this first r that *un have mentioned, in which you stat od that you had heard from Mr, s directed to him In Arkansas or Wri? A, Ishould judge that it was di- vected to hlm in Kansas, as I don't think ll\nl got that far down then, somewhere in al Q. lmlfmle receive a letter from him in \\lm'h he_mentioned having sold a horse atall? A, No, sir. g He never did write such a_letter, did he? A, Henever wrote me that he had sold the horse, h‘“e it away or lost it, or anything of the kind; he has never told me us although [ have requested him to do so and tried to find out long ago when it was a mat- ter of interest to me, Q. Did you at any time from any point re- ceive a letter from him in \\huh |l(‘llllll~ tloned having sold the horse, A, Hofr- man has neither, by writing or by mu , ever admitted that he sold the horse, lost it or gave It d\\d\ o what he did with it, @ not received such a letter from \lr !Influnn in which he mentioned it Not that 1 have any recollection I)plmnu of intimation of, no. ulr yuu receive a letter from Mr, Hoff- z that he would be in Lineoln lsl of April next, after the date of v After I wrote him, I don't kuow whether or not he wrote back to me when be would be here; I am not positive whether he wrote e or hot; 1 wrote' luw to come home. A Q. You mentioned Iw‘en:ll:fi a_telegram l;um s,muu ofticer in Missouri, didn’t you? A, e\, sir. . Have you Eo( that telegram? 1 have ol [Fhve Yoy kot that el papers; they were all lof, sether: the matter had passed and I cared nmh ng about thew; 1had no feeling ufulnll Mr. Hoffman, and I would have done him a favor or kindness as quick as I would for any other map; in fact, 1 think I should have made au extra effort to have done so. . You never did accuse I(r‘ Hoffwan of stealing the horse, did you? - A. No, sir; the of, ¢ Q. D word was never uséd between Mr. Hoffman and me to my recolleetion, Q. You never swore out a warrant against him, here or elsewhere? A, No, si :1) Nor direeted his ariest? n|| not wish it; that was Mr. Hedges' opera- tion. Q. And yon never filed an information in any court ‘against him? A. No:; I had no idea of it, and so told Mr, Hoffman when he eame home: T told him so when 1 signed the paper: that it wasi't necessary, and that he need have no fear of me. Q. There were two copies of the memoran- dum of 1{|{|w'|vn'||(ln-l\\u-n youand Mr, Hoft- man? ©s, sir Q. Were they prepared by yourself? A. T think Mr. Hoffinan drew bothof them up: 1 believe they are in his handwriting: the one 1 had was in his handwriting: maybe the one he had was in my handwriting; 1 had was in his handwriting, Q Who drew it up in the first place? Hoffman had it already drawn when he cnmv to my oftice. Q. The tey had been arranged and you ILu talked it over? Y e, sir And you read it ove Yes, sir: we set ot the whole lv\Mm«nnnx.\(lh»n 1 had employed a great many agents, but had never drawn up a written contract’ before, but he wanted it and he drew it up: [ have had some trouble with a few of my agents, and by some of them I have lost considerable sums of money. Q. Now what you told Rosewater was told sub rosa? A, Tndeed 1t was, Q. How (lul \nu rumo to tell it, Mr Barnes? A. Rosewater and I were in room 51 at llw (.m HAm howse tIRIAE aAboUE some other business and he put _the question to me as to whom he could get down here to act as correspondent for his paper. He wanted a good man. 1 thought for some little time, and 1 said Ithink Mr. Milton Hoffman would be the man, Mr. Rosewater put the question to me as to who _he was or some other question prelimin 1 told him that he was the | ary of Governor 1 ymmended him: mo one wonld nave dane Mr. Hofln a quicker than 1 would have done. e was much younger when this transaction happened, and 1 told Nim that anything I eould do for him in the world, T would do. Q. You told him these faets in the way of a vecommendation, did you? A, No, sir, Q. 1 thought you were recommending Mr. Hoffman at this time. A, Ldid. e put the question to me, wanted to know if 1 had had any deal with him. I toid him I had had. He wanted to know how. I told him 1 had one littl ything had b up satisi and in the con there the matter ' came out. 1 told him that everything had ln‘(‘u fixal, Mr. Rosewa ter had inentioned at the time that Lie wouldn't hire him as Mr. Hoffman had written some lous articles for the € Times nst himy that was his object Q And thatis the way the nmum came to be Spoken of? Ye R or asked me as to th matter ot fact nll\ml known that he was going to make it public I would not kave spoken to him. Q. l)ul\ml tell Mr. Rose that M No, sir. Q. And you never the one eater at that time Toffman had stolen your horse? A, did tell him that? A. Noj; I gave him a short statement of the facts, At the time Mr. Hoffman did it of course I felt just as hard against him as if he had taken the horse, but after the matter had been settled up, Ilet it pass, let it go by, Q. On or. about the 2hth day of June, 183 here at Lineoln, in the presence of M Robert McCarthy of this county, did you have any conversation with Mr. Hollmin ? 1 don’t know Mr. M him to my knowledge. Q. In the presence of Mr. McCarthy and in conversation with Mr. Hoffman, on the after- noon of the 25th (lm of June, 1885, here in Lincoln,did you sthte to Mr. Hoffman in sub- stance that ‘you wanted to speak to him (Hoftman), and then said that you regretted the misunde 'mhn" hetween Mr. Hoffman and Mr. Rosew you had told Mr, Rosewater a few things in contidence and Rosewater had puta wrong coustruet what you had said, or “Thaye no tecollection or ki edge of the man MeCarthy in the w Q. Did you so state to Mr. Hoffman at that time ‘and place? A. I told Mr. Hott- man that I was sorry about the trouble exist- ing between them: that Rosewater had gone too far in the mattér. 1 did not see the arti- cle by Mr. Rosewater (‘Iuri,lux him with bel a horsethief. Mr. Hoffman _told me what he had charged him with a and told him that Mr, Rose- water had gone too far in making snch acharge; that the remarks were made by e in confidence. 1 made the remark to Mr. Rosewater at the;time, “It he published ti that would makea harder article against M Hoffman than he published agaiust you' it would be a hard matter and I did not wish to see it occur to a young man, Q. At that time didn’t you state m Mr. Hoffman that vou had not told Mr. ater that Hoffiman was a horsethi nm in- ted that in substance ? A, I think I told Mr. Hoffman that [ haa never chargedshim with being a horsethief, and that Ei didn’t think that Mr. Rosewater would have pub- lished the matter that I had told him: that I felt as ugly at the time as thouzh he had stolen the horse, but that it was settled and I was all over it: I did not feel pleased at having my confidence betrayed, and no other man would, . In that conversation did ?'nu say to Nr. Hofiman that Mr. Rosewater had niis sonted you, or that in substance? only read two of the ar calléd him a man on horseback and the other one. Q. Did you state in that conversation that Mr. Rosewater had misrepresented you in the matter, or that in subs 1 eould not say that, as I did not read hLis representa- tions, Q. Did vou say it? 3 1 told Hoffman wh either did that or he stat called him th: mine, that Mr. Rosewater had misrep: me, th.n I hadn’t made such a stateny horsethief, I could not do i the date you speak of, 1 don’t recollect it. Q. Onor about thé 20th day of October, at the Burlington & Missouri depot at Lincoln, did you have a conv tion with Mr. Hotman, Mr. Marquette and M. Hofl- man being vreseant? A, Mr. and Mrs, Hoff- man were in the Burlington & Missouri depot; I spoke to Mr, Hoffman, ealled him aside and had some conversation concerning lllli r. Marquette was there, Were Mr, Hawyer, My, Kelly aud Mr, lluu uette there? A Tdon’t recoflect seci Mr. Sawyer there; 1 met Mr. Kelly g home that evening ‘and I recollect ii'uhu, Marquette, as I went up and shook hands v\lll) hin Did you say this to Mr. Hoffman, or thhh) substance: “I am sorry to see you feeling hard towards me, because “of this Rosewater affair; I don’t want you to feel 1 did not intend ||u|n1.: you any in- at I said to M ewater ” was und arumud to be in cnumh-nre or that in substance? A. Y. g Q. Did_you say s, sir; Mr, Hoffman was feeling pretty bad about n Q. Did Mr, Hoffman ask you this you tell Rosewater that I was a ho: P or that in substance; do you remcmber his asking you that question that day? A1 don’t remember whether he asked it that day or not, but he did once. Q. Did you say to hilm: nothing o the knm" usk(nl l Aul question 1 told told Mr. Rosewater thatin the world, ver did tell him (llul“ A. Ibelieve nof 1to me that he “Oh no, T seid A, Whenéver he him' that [ never A. No, sir, Q. Did you say to Mr, llummn this, that vou had ‘never regarded it in that light? A. Iremember telling Mr. Hoffinan when he came back that it was no better than horse stealing, the way he had done; as to using that seutence to any' one else, Ihaveno recollection of nsing it at all, t{ At the time when Mr. Sawyer, Mr. Kelly and Mr. Marquett were at the lhnllm.c ton & Missouri depot iu'this eity, about the 20th of October, 1554, didn’t you say that you never regarded it in that lignt, or that in sub- stance, to Mr. Hoftman? A. Itis possible | said that there, for I nover considered thai he had stolen the horse right out: but he got wy horse and I never received it back, Q. You say H is mv;lhh' that you said that Rie: Blostnae A% t (‘) On reflection you ml!wl did, don’tyou?. AL Yes, sir time I gave him to understand very clearly l|ml 1 liad never made that represeitation to Rosewater, Q That is not what [ am asking you, A, I could not give the exact inme. You rather think that you, said that to Mr. Hoffman, then and there? = A. That 1 hadn't regarded hiw as a horse thief? . Yes, sir? A, Yes, | think so; at that conversation that was the subject of the mee! ik that you at the sime tin fil;ou say this further, “There was a il itoronen betwoen us and you settled it in an honorable way,” at that time in the Bmllugtun &Mlawm’l depot in the city of Lincoln? A. I did not “K there was ‘an difference between us, but that Je lad settle it in gu honorable way. ou didu’t use the words ‘“There was a 1 ifference between us,” but you did say he settled it? A. Yes, sir: 1 settled it with Hoffmay on his own proposition. Q. Did you say this. “T told .Mr. Rosewater a few little trifilng things and he put an ex- | aggerated construction'on my words,” or that in substanc A. Nog 1 did not tell Mr. Hoffman that. Q. Youdidn't_tell him that at that time and place? No. sir. Q. Did you not say to him, “It i not rea- sonabie to suppose that T would villify vou v» any one,” or that in substance? A, No; did not use the word villity at all. Q. Did you say anything equivalent to it? A. Not that | remember of. Q. Inthat conversation did ‘you say th you havn't told Mr. Rosewater Rosewater had publishied in his Mr. Hoffman, or that in substance? fman told me that Mr. Rosewatet had | chavged Lim with being o horsethief then [ !ul(l Dim that 1 hadn’t told Mr Q. you tell him told \h Rosewater what M sewater had | published in his paper, or that in substanee? A. That was the only article that he made mention of as h 12 been published that was very pointed, and 1 told him that 1 hadn’t told Mr. Rosewater that. How long was it after Mr. turned before he wdjusted this you? A, Promptly-—right away Q. He wrote you before hh arcival here that he was zoing to come? A, I could not say that he did. Q. Would von say that he did not? A. I would not say either w wrote him, and I had full contidence that he would be here, Q. Wiio were present when this second written contract was given by Hoflman,when this adjustment was made and this written memorandum or contract which you say wu given to Hoffan by you, who was prosen A. It was in my of and 1 have no recol- there, lleet whether or not any- one was present? : Tthink that is o matter we would not have tadked over before anyone very publicly, either of us. Q. Do you mean to be understood as say- ing that no one was present? A, L don't think there was, Q. Do you mean to say that vour vecollee- tion s so'indistinet about it that you cannot say anyone was present ornot? “AL 1 don’t tiiink I would have permitted anyone to be in my office at the time we we talking i thaat way, as 1 had no desire tomake it public. Q. State whether or not you recollect about . 1 have no recollection of anyone \u-nn: !|| the ofli Q. Have you was iu the oflic anyone in the oflic Q. Do you recollect that you and he were alone in the oft AT think that we we Is that yourrecollection? A, whien the. last Iemorandum was \ritten, When our contract wade there may have been ditferent parties round in the of- fice, Q. Tam speaking of the memorandum: do vou recollect that no one was present in the oftic that time? . Iswear that 1 have no recollection of anyone being ther Do you recollect that you were “alone? AT believe that we were. Q. Your recollection on that is just as i as it is upon any other part of your tes- v? A. No, siri in oflices people will Pa and ouf,and I may not have ob- served some one that was there. Q. Someone might have been there? A, There Imu‘ht but I'have no recollection of it. Mr. Hoffman give vou a receipt for :\\Im-h you furnished him when he went . I believe notjihe gave me no receipt at or the property' which I let im nIvG. Did you pay it in mm or by chieck? A, paid it to it in « believe, Q. \u-\fllu'nnluh-nlIh.ll is the amount yougave him? A, ‘The sum_ total that I was n foi for him was about. The weather was cold and he nted some areries and other things: it was $45 or 3305 the h he had atthat date was 84 Q. Part of that was money and part articles purchased? A th him, it was cold ath him what he \\‘mh'(lnml i in cash, which was right, e exact amount h? A, 1 lh»l\ t that you hadn't | HolTman re- matter with ion that no one A. Ldon't recollect seeing ais paid by now? A. Yes, on the First National bank. Q. Did Mr. Evans fir Lupm\h to you 'Ahnui R Hoffman and the horse? A. Yes, Did he know the man? A. N qunln-d the man, Did he say he knew the horse? he deseribed the ho at that time: Hofiman had a ring on his finger that I knew light moustache, aretics, saddle, brid the ring. Q._Did he mention to you how he came to speak about the horse. A, Yes, he did. Q. All the matters which you have testitied to tanspired during the tinie from the time that Mr. lln ‘man left here until he et you e they matters reported to yod uollnuu that came under your observation. There is the evidence vou to run over )‘ullrstfll’, Ican draw no sllvll conclusions. From the time that Mr. Hoffman went n\\m until he came back you did not see him with him? "ou had one or two letters from him? Q. -xml that was the only communication you had with him? A. Yes, sir. Q. Did you ever state to Mr. Rosewater that Mr. Hoffman had been in jail tn Kan- sas? A, Idid not. « I) A-\_llml he had been in prison No. y other place? \ ou mml it to Mr. R evidence: it was merely ater as Ill‘llh heresay as far as'you khew anything about it? A. Yes, & Younoerstated uch o ting o M lmwv\l\(('r A. No, sir; Istated to him what T Hedzes tell mes that was after u what had {, 4 stated to yi had become of the horse? A, No, sir As far as you '\\ the horse stolen from him, ordieds us far as you knew any- lllllll:xllvmll it, you liunl le\\ what be of it? A, I never knew except what Evans Tiported fo me ot What he Sy ot Fir Q Aml that was hearsay testimony? A, the terms of s . Can_you state what wer ‘\ll Hoffman's employment, A, don’t know whether 1 made him iy agent or my partner. Q. He may have he Or your agent as urchasing ot th st how that wa from me he had no ship in it at a Q. In the spring of 18%0 did you read in the obe-Democmt an article about additional eighties or supposed land frands entitled “Stand From l’lul«'h A, Mr, Hoffman, or some else had shown ma an article which appeared down there that 1 think he had written up, and made money from the demo- eratic ,mpm» on these articles; some one nhn\\m it to me, Q. Was it Mr, Hoffman that showed it to you? A. Idon’t know: I saw an article in S0me pape annot sfate the name o the pper about “*Stand From Under,” or some- hing about these claims, Q. Did that cause any feeling on your part? A, Yes, sir, Q. Was it against him? A. I respected i very much for it: it was a legal business and it could not have been cartied in any other way; I was glad that he wrote it; all of my papers went tirough the interic ment at Washingtons no paper passed hand until it had passed through the int rtment and eve) e to the Pirst National bank in this elty : 1 had suffered the loss of several thousand dollars by just sueh men, and that was the reason that I sent Hoffman there to buy elaims becanse 1 eonld not trust the men ‘in that eountry to buy them; I generally kept my own 15 ouf, wen that 1 thouzht 1 conld eontide in: at that time it created a feeling against Mr. Hott- man down there, aad ©think they pe seented him: if he had any trouble down th ( have an idea that that_was the ovigin of' it rather than what he did to me; I think that Mr. Hedges felt ill will against him: 1 don’t know wlhiat it was, but there was some tron- ble betwe nnu-m:m.-y were very mad about these articles that he wrote, Q. Now what you stated to Mx, Rosewater during that conversation when he asked you to recommend someone as o corresponden was all that you told him about ihis affair? A. Why, ufter I was through with it 1 told Limthat'it was confidential conyersatiou: I did when we started out: told him not to make any newspaper article out of it and Mr, Rosewater prowmised me he would not, Q. Did you speak to him afterwards about it? A, After one article was out I saw nim on the street and I said to hm: *Here, you promised me that you would not ke a newspaper.article of that;” he laughed .uul said that that could not be helped with a neither your partner you recollect? A, In claims I don’t recol- The property he took nterest in nor partner- | he would like newsvaper man; 1 told him not to mako any more articles, as it wits stirrinz up bad hlnut awong friends of mine; 1 didn't want more: Iam inelined 1o tnink that I wa discreet in rolling Mr. Rosewater about it in the beginning. REDIMECT EXAMINATION BY MR WHEDON. Q. About whattime did yon first tell Mr, Rosewater about this matter to the best of your recollection? A. Tt was just before or «lm-iup\nu- legislature, Of what year? A, A year ago wasn't i Q The legislature of last year 18857 A, Yes, sir, Q. About liow long after that was it before the matter was mentioned again? A, we were talking about that lie asked if T had sonte of the dates: 1 told him that I had some of the dates and s, but that 1 did want any newspaper artic ) hem s a matter of curiosity, 1 him that he could have them if he wortld keep it (0 himself: he told that ho going to Washington and I was going ta be there also, and | told him that 1 had a lot of the papers in my room, which 1 did not give to him. Q. When was the That was in think, Y ou remember the called robbery of the state treasury? s Q. Do you remember having any ation with Mr. Rusewater at at you heard of that {ransa Q. How lon before that fransaction at the capitol would you think it_was that you Ilml that conversation with Mr, Rose- water? A, 1econld not fix the date; 1 don't recollect just when that frav tion was: I Kuow it wasduoring the sitting of the session of the legislature, because some of the mem- bers were used for witnesses, Q. That was in_ March, [ thin recollecthow long before that time taat vou talked with Mr. Rosewate could nottell you, ). Do youresolleet having a conve e that time at your louse sewater was out there once Q. Anddid you then recite these same facts to him at this conversation at your house there, do you remember? AL 1hay forgotten w 1L conversation was; it Iy s to dates: he asked me about the winter; in the first February conversation? A, when we talked, 1 incident 1»! the so- . Yos, conver- boui the time ion? A, Yes, lo you |nn\l|<| of I|~ Asking you were not aken in- the man? A Soniething was said - about being mis- talken in the wan, but Lhave forgotten whiat it wvas, Q. Do you remember “vou had - that W your louse? double e who was present tion with Mr. e drove out .nul some man o Q, Could \(m remember whether, Major Klietseh was present? or Kluetsel was the man, 5 1 remember whether these faets were talked over then? A, Sowething was talked about them that day, but he wias d of ~~Hin" h‘ll on his train, so our talk was very Vi rd fo this matter? E e capitol business s connected with it also. Q. Do you recolleet about what time you in "Washington when vou saw Mr, Rosewater in February. Q. Februa A es, §ir, Q. How long atter that time was it before you met My, lmw\\.lhl Lincoln, if you re imember, about? A, T think probably - three weeks, somethi u; like that; 1 was there about three . The fi [ that you 7. Ros¢ e the legi t the a ieve that it commenced the next wee Q. Mr. Rosewater was trying to room, wasn't he, when this conves came'up? 1 had a room, No. 31, reserved at that time, and when he was over there then this conversation came up. Q. And the next conversation t with liim was in Washington? It was, iind a you had . I'believe e FROH ’I‘HE STATE CAPITAL, Patrick Egan Imcrviewefl on the Trish Question—Those Forged Drafts— City Jottinos, [FROM THE B LINCOLN BUREAU.] Hon. Patrick v returned Satuiday from Chien, where he has heen attend- ing the meeting of the exeentive commt- tee of the Irish Nation: e, He de- nounces as the work of malcontents, the report that he contemplated resigning his position as president of the league in vor of Alexander Sullivan. Mr. Egan s that when he aceepted the presidency in August, 1884, it was at the urgent re quest of friends in Boston, and he took it then with the understanding that lul- _should be allowed to retire at the of his first year. August, 1885, came, and the annual convention was postponed undil Janunry 20, 1886, to ommodate Parnell) T order that the ft without an oflicial headl during the interin, Mr. Egan consented to serve on until his SO WS clected. As is now well known, the pre- mature calling together of the English parliament prevented My, Parnell from visiting the United States,and the con- vention set for 20 was again postponed, this t August next, The regular meeting the exog utive committee led b however, was held, was an active partic business in Lincoln proportions, and’ Mr, go fully determined s of office and return o private life, His colleagues ceded i persunding lum that (o this time, in_the face of eritic ack, wonld be construed as a confession of wenkness, and be productive of bad vesults to the canse. On this showing Mr, solved to remain at his post as pr of the leagne until the in Au;,uwl next nwines his successor, That he over had - intentions of going so 1 to virtually name that successor hv rmllfunu.;m favor of any one man, Mr. Egan emphatieaily denics, Aside from being probably one of the best posted men on foreign Amoriea, Mr. Egan is w pa lavly pleasant gentleman to meot, and gives of his knowledge: to the interviewer in a convineing ‘and satisfactory Summing 1 up the situation in ( ain to the Bek representative yesterday, d that as the liberals had ty-two ovor the conservi- which with the votes uld be swelled to of for nd it sident nntal convention ont tives in of the home, 168, he consid 1o powor as Irish par howeve themselves to L would be careful the ance of power for either hiby stone, prob: y probable, had not yet ti support of anyone, and ow they did, as nnder they hold' the, bal- nomake a majority Is or conservatives, Glad- more from love for politi- eal power than real interest in Ireland, is understood to favor a scheme for local self government, which s all that the patriots hope look for at this time scheme embraces Ivish which 11 all This an ament slate on Y matiers, By gislution poi- taining to land | .n...ru police, ete. In d to stand in relation to the imperial flun-ln ment us Nebruska does to the powers at ashington—an independent siate, sub nml\ to the reins of unn-lnnunt on oderal questions, At present the people of Ircland cannot move without the per- mission of the British parl B ' [ city in the centre of the ‘,:ru n a system of water works, if a road is to be opened, or a bridge luull the project must be laid before pirliament, often at a cost exceeding t : improvement 1. Should ( worreform in ' n |lnnkn the home liberals and give (hu lnlh or »u«-h a nmmu\ that the queen will be forced to eall the “old man elo- guent’’ to the premiership Of the coundition of Ireland phy social aud financial, Mr. Egan talked {ength. His description of the eause of the landlords’ power in times ¥u|lu is especially interesting. Men who had be come L i commerce or ulation ad mo soeial standing uutil they " title to land, when nn) took rank with “local afinirs” spe the gentry and received recognition in many ways, socially and politieally, H:-nm the value of land was constant] increasing, and the rent likewiso, Wit the u;.:xl-nmn started by the formation the Land League in 1859, the <l|~lln(~lhm of being a landiord became unenviabhe, and the feelig of reform in this direction has grown <o strong that land that fors merly sold fast at N acre now goed ln rgaing at £100, land owners are now m(m-h clubbing themselves . for not aceepting the proposition offered by the foundersof the Leagne. That was the adoption by the crown of the Stein and Hardenburg systom of land quirement, to which the prosperity of Prussia ean be traced. Previons to 1811 the condition of Kingdom was worse, if anything, an that of Treland in’ 1879, and the ty mutterings of a discontentod peo- rew londer and louder, Suddenly and Hardenburg came to the front with s me which banished all troubles. Under it tenant and landlord wore given two y n which to arrive at an understanding concerning the pro- prictorship of thel ailing in this the crown stepped i praised the vealty, and paid the owner in state bonds. The tenantthen bought from the crown, and was given forty-one or fifty-one years in which to complete his ments, as he might eleet, principal and interest be- \h\vdwl in annua |l installments as un: nt western road land ts. The seller could dispose: of his s \Iu]mnll\ in the open market, and thus get his money, and henee everybody was happy. Had the land ownérs i Freland adopted this system when ex- tended in 1870, they would have been doubly as rich as the, Stein The associated pr J Kansas City, which pretends (o give the facts of the passing of *me in forged deafts on an Omaha bank, by one J. Whitney, tells only half ~ the st drafts — were ostensibly the United States National of Omaha, on the American Exchange bank of New York In the course of business they ched the Bank of Commerce, which paid them withoup klu-\hunmu 1o tind on presentation at tho ican Exchange that they were for- As the dvafts were indorsed by iable bankers, through whose hands Spassed, - number of lawsuits will probably result ory. ched to the Y the col- ction of the lnuulhh blackmail from sporting women. John Fit ald has ordered wi his Burlix & Missouri extension eon- tract north of Grand Island discontinued until spring. Attending 3eE man heard some King of the corpse, il he looks,' oused the thought that it would be much more humane and kindly were they able to say truth- 1y, “How unnatural he lool ‘When 1 has set his seal unmistakably upon our dea sending out evidences of morti , we may be sure they have departed from this life in earnest, and there is no chance of a fearful awakening inthe tomb with its attendant horrors. Is it not probable that many people have been buried alive through the insane d. of relutions to keep them looking *“‘natural” before in- terment? . The bills ineurred in taking care of Mrs. Korber and her two chilaren, who were so badly frozen lately, will be paid by the womun’s brother, orge Pirner. Ier husband will become a county char as Pirner refuses to do anything tor him, ing he came to this country on his own account, and without being. invited. Jones, tle Tenth street billiara room man, was in police Saturday on a chary allow ing minors there. %: was held in $200 bail to appear to-day. (i poplboT BT ot couty, have petitioned the railw commission asking that the Fremont,” Elkhorn amd Missouri Valley r.|||\\.4_) be compelled to build a d Christian Tier the police court S rk on funeral the other of day the lhv nourners, “How nat- was found guilty in urday of m-lhng hquor on Stnday, and fined $100 and costs, An appeal wi e to the distriet conrt f y oil, the: Mason City, ) laken back to the seene of their exploits Marshal Beach has diminished mm- population Lincoln some ten since he opened five on the curs. 4\Im||l 75,000, more or less, car be spared yel. the en- of e A Sunday Morning Alarm, The tive department w shortly after 11 o’clock yeste ing by an alarm sounded from Thirteenth and Williams strects. ‘The five proved to be in a small dwelling house in that lo- ality, but the lames were extingnished before the department arvrived, without agreat amount of damage, el sneak thief, was cap- noon whilo endeav- with a bufiato robe hop on Sonth Thir- ve his pursners a ertook him and he pis up the robe without a murmur, was Jlll'lu'll up at central polm oring 1o gel from Wei strect, 21y run, but they o B.ailwa.y 'I.'ime Table OMARA. Tue following is the time of arrival and de- partnre of trains by Cehiral Standurd time st the locul depots, ‘Tiains of the C,, St. P. O.arrive and dopart from their depot of 4th nnd W ho M & from tho m llm bmon Pacifio DBRIDGE TRAINS. ne will loave U I dopor at 8ids 11 11:00 8., m., ‘1:00 00--5 50 CONNBOTING Arrival and dep transfoudepot at Council whi “Ave i © MILWAL 3 Mail und HEDETIN Eapro CHICAGO, BRLLN oM CHICAGO, FIOUX CITY & PACIFIC, jux City Matl. VAT NI BT, 1a Bl i A Depait, AN, P .| Bz 10340 UL KApress SOUTHWARD, Arriva MISsOU Rl » oh | 7004/, i’ Miadthmouth: = Arrlvc. NORTHWARD, | 9:208! 8:45 Depart. AR Sy 020 600 Vi \~1\\ ALLD, & Piatiansditn stoc K ¥ Al ‘uc\liwu \\ ‘I e |\ A|4 ot, at lr. - 885 3 ; lonn ShnA Vieds for. u”mn o A Lont us daily 3 1, daily exoopt Buny . ditils except saturday; D, duily excopt dar.