Omaha Daily Bee Newspaper, January 18, 1890, Page 5

Y WAS VANDERVOORT LIBELED? The Defense Opens a Page of In- teresting History. \ CONNELL'S OFFICIAL REPORT. 4 — *~_vary 8. 1 Opening of the Preliminary Telal of the State vs E. Rosewater—What the Testimony Shows—Court Room Scenes, In the Court. The mingled odor of horse and vagrant crept up into the police court yesterday morn ing and welcomed the host of witnosses and spectators who arrived in attendance upon the libel caso of the state versus Rosewater. Mr, Rosewater and his attorney , M. V. Gannon, were on the scene early waiting for the prosecution to appear. The seats were filled with the spectators, among whom were many leading citizons and & sprinkling of the usual habitues, The case had been called when Vander- voort slid into @ seat behind the prosecuting attorney and poured suggestions into Mr. Mahonoy's ear. Wilcox came 1 later still and inclined toward the witness stand. ‘eighton was on the bleaching hoards and beside him sut Con Gallag! ‘I'he two gentlenien were engaged in sprightly rem- fniscences covering several years of strife in locul aud state politics. Newspaper men and local politicians were well represented, and took an absorbing in- terest in all the testimony. Sergeant Whalen bustled about and was kept pretty busy hunting up chairs for wit- nesses aud spectators, the seating capacity aosido the railing not being sufficient, In fact, so great au interest was exhibited in the casc by all classes that the large court room was well filled by a coming and going crowd. timony. In the outset Mr. Gannon, attorney for tho defense, stated that Mr. Rosowater was not going to pluy the baby act; that he was always ready and prompt to acknowledge the authorship of bis editorials; and to save time they would admit that Mr. Rosewater was the chief proprietor and editor ot Tue Oxana Bee, and that he did write and pub- lish the alleged libelous article contained in the plaintift’s information. Paul Vaudervoort was the first witness called. He testified: “1 have resided hore fifteen years. In that time have been familiar with Nebraska poli- tics. Have secu the term ‘oil room' used wany times 1n Tar OMAms Bee, Always uinderstood that it had a peculiar and spe- cific meaning; in fact, that it meant a place where they kept whisky and other liquors to be dispensed among the membors of the legislature for lobbying purposes. Don't think the term had any particular applica- tion to myself. Never heard but one party define the term ‘oil room.’ *“Do you know of liquor being sold at th: room, and of mombers beiug enticed there?" asked Mr, Gannon, Objected to by Attorney Mahoney, on the grounds that Vandervoort had explained ‘what he understood w meant by the term “oil room” as used in THE OMana Bee, Mr. Gannon claimed that this was insufi« that the term was used by ail the city and he must establish the criminal significance of the term, if it had any. Objection sustained, and Vandervoort was excpsed. W. G. Richardson testified: orter on Tue Bee. Have known Tar Beg for eight years. Have frequently seen in that paver the term ‘oil room.’ " Attorney Mahoney asked: “What was the ;lnnliluunlou of the verm as used in Tug R 1" Objegted to by Mr. Gaunon, who claimed that plaintiff had not alleged any particular siguitication. r. Mahoney thought that they had a clear right to show that the significance of the term as used by T'nr Bee was libelous. And the court directed the witness to proceed. Mr. Richardson, continuing, sad: “Itre ferred to “an‘m room at Lincoln where membersof the legislature were entertained by Vandervoort. [ mean a liguid entertain- ment.” Mr. Manhoney here offered in evidence the paper dated January 3, 1800, containing the alleged libelous matter, to which the defense made no otjection, Postmuster Gallagher testifiea: “I have known Paul Vandervoort fifteen years, He is the superintendent of mails. It is a gov- ernment position.” ~ Mr. Ganoon—Do you know whether Mr, ‘Vandervoort is an ageut for the Dodlin granite company? Attorney Mahoney objected, but Mr. Gau- . non cluimed that they had the right to show that this zovernment oficial, Vandervoort, was also an agentof the Dodlin granite company and an_interested party therein, “*Mr. Rosewater is the publisher of a news- paper. This matter ie all contained in the articlo complained of, and there is a wide distinction between o charge of this kind against a man like Vandervoort, who, as an important governwmeut officer, is e goged in _illegitmate schemes to in- duce public contracts from the ecity council and other sources—and a charge against an ordinary citizen, as Mr. Mahoney has sought to show,” and he asked that the witness be instructed to answer the ques- tion, but the court sustained the objection. Mr, Gallagher continued: “Mr. Vander- voort's office 18 an appointive office. I don't know of his seeking anything at the hands of the peoble at this time.” Mr. Gannon—Has he been seeking the en- dorsement of the public for a higher position wt Washingtont ‘Yes; I understood he was seeking the superintendency of the railway mail service @f the United States. That was before Jan- ‘“‘Am a re Dr. Miller testifled: “I was editor of the Herald in February, 1576, Mr. Rosewater ae in the newspuper business at that time, I remember publishing an srtiole of an assault wade on Mr, water by one R, Curry [Dr, Miller 1dentified the files of the _papor containing said article], but I was not @ At that time; I was en route to New York. Idid not write either of those arti- cles. 1 telegraphed back, however, 1o my mAansging editor constructively on ‘the mat- ter.” Mr. Gannon—What was the nature of your instructions in this constructive telegrain? Objected to by Mahoney. The latter stated that the state would admijt that the assault upon Mr. Rosowater was mude by Curey, who was tried, convicted and sent to the penitentiary for tnat crime. The de- fonse rufuladwluvu,:l- this admission, unle: through this paper they would be allowed to show Mr. Vandervoort’s connection with this assault. If not they would prove it by direct evidence. Objection sustaiced aud the nature of Dr. Mller's instructions was not admitiod, The {ollowlnx @re the articles contained in the derald of I'ebruary 16, 1870, 1he Cowardly Assault, SAVAGE BRUTALITY, A COWAKDLY AND BARBAROUS ATTACK Urox AN Eprrox. Mu. EowARD ROSEWATER BEATEN witi® A SBuaxy” N tue HANDS OF AN INFURIATED RUFFIAN. Tue Lire o¥ mur Viorim Amost De- SPAIRED Op, Tur Pexoisu AssaiaNt axn His Acoon- PLICE 1IN JalL, POPULAK INDIGNATION AND LUREATENING OF LyNon Law, In its issue of Monday, the 6ih just., Tuw Oumana Bre published i its local columus an uceount of the breaking open the Saturday might preyious of the safe iv J. K. Boyd's ofice on Thirteentt street, for whiob rob- bery two negroes, numed respectively Sparks and Nowlon, were arrestod. In tha pub. lication in guestion this langoago wus used: “Bparks and Newton were known 10 have been out on a spree dur- iug wil Saturday vight, spending moncy ™ freely and buekiug the Liger at a colored den on Douglas steeet,” AN INQUIKY, ‘Do the gverage reader there was nothing &wmly offensive in the lsnguage quoted, b @ colored politician and bummer named Hichard Curry, was of a differcat opinion, THE OMAHA DAILY for on the morning of the 9th he published in the Republican of this city the following card : Omana, Feb, 8.—~To Edward Rosewater, publisher of Tie Osaua Bee: {n your papor of Monday evenine, February 7, appears an article in which my place of pusiness is spoken of as a ‘“‘colored den.” You will plense explain what impression you intended to leave upon the public mind by the usé®of thoss words, which as generally interpreted, would place me before this community in a most unenviable light. (Signed) R. D. Cunny. TIHE CONUNDRUM ANSWERED, To this inquiry, Mr. Rosewater, one of the tersest and most vigorous writers on the western press, responded with the following editorial, prefacing it with Curi ‘‘You evidently take excep fol lowing paragraph ‘Sparks and another colored man named Newton w kuown to have been out on spree all of Saturday night, s money freely and buc lored den on Douglas street.’ “This paragraph oconrs in Tre Bee's ro vort of tho 1 safe bur with which Sparks has boen charged. Aithough no ref erence is made to your place of business (1) you acknowledzo that the cont fits you by meking this in ry. ne Bee is alwe courteous, and your question shall be aue swered without reserve According to Webster a den {8 a custom. ary place of resort; ahaunt; a retreat; as, for example, a den of robbers; a den of mis ery and vice, A colored don may be either a customary place of resort, a disreputable haunt of vire and misery, pil in_colors, or it may be u disreputable haunt frequented by persons of color. It may be both. If your place of business is such a den, the sooner you get more respectable employ ment the less danger there will be of your being insulted by paragraphs like the aboy Since you have scen fit to propound this co nundrum, we may as well state that while Tne Bee is ever ready to demund for, and accord equal rights to, the colored man, with those enjoyed by the white man, it also be. Lieves that colored men shail be mado amen- able to the lawa that pumsh vice and erime in white men, If, as you intim your place of business is s den where colored mon buck the tiger, and spend their hard-earned g 1 gambling and kindred crimes, the less you suy abouv it the better for the reputation of the colored race." A VILLAINOUS ASSAULT, The foregoiug was publisned in Tie Bee a weel ago today, siuce which time no public mention hus been made of the matter, and those of our citizens who knew the character of the colorcd individual who was so desir- ous of bemz nsulted,'were of the opioion that he received just what he deserved at the hauds of 'ne Be Yosterday u 'noon, batween 6 and 6 o'clock, Mr, Rosewater went into the United States court houss on business, and a few minutes later Mr. George Jowstt spoke to Smith Coffey, a nogro blacksmith, who was standing on the corner of Douglas and Fif- teenth, whereupon Coffey responded with DO YOU SEE THEM THUMPERS over there?” poiuting to Curry, who leisurely pacing back und forth in front Allen’s drug store on the opposite Jewett askod him what Coffey replied: *‘I'here’s going to be lively times over therein a few winutes,” About this time Mr. Rosewater came down Iifteenth svreet and was mot at the ecorner by Curry, wno commenced talking with him in relation to the publication above referred to, to which Mpr. Rosewater answered that if he had known that he (Curey) cousiderad himself 8o seriously injured by the puvlica- tious In the tirst instance the columns of THe Ber would have been at his servi, the publication of any comuunication might have desired to write. The barol “oiily deult Mr, Rosewater nalt a dozen terriblo blows upon the nead. After he had dono this Coffey walking up and grasping Mer. Rosewater, held him and rewarked to the other colored bully, THERE, YOU'VE IIT HIM ENOUGIL" At this Mr. Rosewater managel to free himsetf, and ran across ifteentb strect, but was of corner. he meunt, when he words hal been spoken when Carry drew ashort ’ from a side pocket and quick as flash us ut’ once pursued aud overtaken b, Curry, near McCafferty’s, imwmediately east of Allen’s, and there pounded u second time by Curry. By this time a crowd had col- lected, and Mr. Rosewater was roseued from the attacks of his cowardly, brutal assail- ants and carried into Allen's drug store. Dr. McClelland happened to be passiag and was called in. In ashort time a by, was pro- cured, and Mr, Rosewater was conveyed to his residence on Farnam street, betwoen Seventeeath und Eightoeath, he b2iag then in av insensible condition. Upon being separated from the victim of his blind fury, CURRY HANDED HIS WEAPON to his confederate, Coffey, who threw it down a stairway near Ailon’s ofce, whero it was afterwards found, and is now in the possession of Judge Porter, The two brates were arrested by Constable Huulon aud tuken to the police office, a large crowd following aud crying, “Lynch them! Lynch them!” No attack was made upou the two prisoners, howeyer, but they were safely conveyed to the police oftice and there arraigned on a charge of assault and battery, Judge Porter had just fixed Curry’s bail ut 8500 for his uppearance this morning, when Aundrew Rosewater came into the court roow avith the information that his brother's injuries were of the most sorious cf and sWore out & warrant ag Coffee on the charge of assanlt with intent 0 committ murder, whereupon the judge at once increased their bail to £5,000, and Lotk be and Coffoe were hustled off to jail. MR, ROSEWATER'S CONDITION is one which causes the groatest apprehens sion. Heis attended by Dr. Cofman, Dr, McClelland and Dr, Mercer, A Herald re- porter interviewed Dr, McClelland at a lato hour Last night and learned that the patient was being waited upon by his wife, Mr. Hell . man andMr. J. J. L. C. Jewett, and that no one else, with the exception of the pt cians, were allowed to enter the;room, as it is of the utmost importance that the sufferer bo pL auiet, a8 inflammation of the braw is le to set in, in which case the result would certainly be fatal. The skull is not fractured, but there is & sovere wound on the foreheéad, three largo ones on tue top of the head, and two others just back of the left ear. In addition, to this, tho head is very much bruised, as it was beaten almost to a pulp. During the night Mr. Rosewater be- came partinlly conscious and would talk in an almost incoherent manner of the assault. His life havgs by a thread, snd if he re- covers, it will only be in consequence of his being skillfully attended. His family are very much distressed, but his wife displays commendable fortitude and renders most of- ficient aid in caring for the sufferer, WHO CURRY 18, Curry has been in Owaha a number of Kem and is well known here. At one time © was the proprietor of & large barber shop on Farnam street and afterwards on Doug- lus and did a splendid business. Then he Wi ¥y cted by both whites und blacks, as e evidently know his place aud kept it. Lutterly he has driited into politics and has been somewhat sought after by re- publican wire ullers about ele:- tion times under the impression that he controlled the negro vote of Omaha. The result is he has become worth- less and nsolent, and for & year or Lwo past has been of the iwpression that he was the most important personago in this section. At the last term of the district court he served as 8 juryman, and has made it a point to crowd bimself into a theater and seat himself With the white people whanever a theatrical company of sny note bas visited Omuha. Tuk Bek never has charged bin with keep- ing a disroputavle resort, and If he had had senso enough to keep his mouth shut the Public would not have supposed his place was the one referred o in the publication of which he complains. The Herald, however, distinetly states that this Douglas street eatablishmont is the resort of rufans, scound- rols sud sueak thisves, whito and black, and should huve been raided by the police long ago. BMITH COFFEE, Curry’s aider and abetter in this murderous Assault, is a burly negro, who carries on the business of blacksmithing. He is of power- ful build, weighing about two hundred and fifly pounds, und as strong as wu ox, Curry is of large size, whilo it is well kuown that the man they agsaulted 1s under medium #ize, 80 Lhat e was o match puysically for either of his assailunts. Coftee has gener- ally bebaved himself during the soveral ears ho has resided in Owmaha, but s addicted to the use of liguor, and when under its influcnce is a davgerous enaraoter, 1t is reported that he snd Curry Loan watching for ar. Rosswater on o streets for an lhour or two, aud that Curry publicly stated that he proposed to sowater before sundown. If this can be proves b will most certaiuly be | landed in the penitentiary before he is many months older, even if this dastardly assault should not terminate fatally, TUE FERLING ON THE STRERTS Inst night was intense and throats of re. course to lynch law were freely made. About 10 o'clock it was reported that Mr, Rosewater was dead, and had it not been for @ reliable contradiction of the rumor, it is altogether probable that there would have been an outbreak of the indignant populace before mornine. The attack of Curry was 80 entirely unprovoked and unwarranted that it excited & storm of indignation whicn it was difficult to restrain. This community has no tolerance for bullies and ruffians, white or black, as they will learn to their €08t when they give license to the instincts of their brutal natures. A PROMPT TRIAL is demanded. of these parti The district court is now in session, and though tho grand jury was discharged @ fow duys since, a special jury can be called at L) trifling expense and shonld be called in order that the ends of justice may be attained. District Attorney Conunell was interrogated in regard to the matter by a Herald roorter last night, aud he stated that if he had been correctly in- formed as to the circumstancos of the as- sault upon Mr. Rosewater he thought a spe cial jury ghould bo called to investigate tho matter. If this is notdone the case cannot bo tried untilthe June term. Our readers will remember that a spocial grand jury was called by Judge Lake, at District Attorney Cowin'a request when Bornard Dorat: killed Jerry McShaue 1o June, 1570, We trust that tho case may be investigated atones and Curry and his confederate brought to u speedy trial before the proper tribunal, Mr. Cowin has been retained to assist tno district attorney and it iy necdless to suy that the prosecution, when the case comes into court, will be vigorous and searching, Later—Since the foregoing was put in type we leacy that it has been defiuitely us- certained that there are certain white men implicated in this bratal outrage, and that tho two negroes were merely tools in their hands, the attick baing the result of a care- fully ‘planned conspiracy. Four days ago Andrew Rosewater was told by one of our most respected citizons that e had over- heard u piot against Bdward Rosowater, and that the publication of Curry’s card was a part of that plot. Unfortunately he forgot to mention it to his brother, and the attack, as planncd, was mude. MR ROSEWATER'S TESTIMONY, Mr. Itosewater took the swand and tostified : I am the defendant in this case, also publisher of Tuk Bre” (H Mr. Rosewater relatea the in- dents of the burelary, the report of which in Tie Bek was followed by an assault upon himself by Richard Curry. He also read the card sent Tus Bee by Curry askiog for an explanation of a term applied to his place on Dougias street and his editorial answer to the same, as well s a recountal of Cur- ry'a assault upon him, which appears above. | SAfter 1 had partially continuea Mr. Rosewater, 1 inquire into the nsti 1 went to Mr. Connell, the district, attoracy, and who prosecuted’ Curry, and who nished me with the subjoined document, or this 18 rather a certitied ment filed in the departmentat Washington by Congressman Connell on this matter.” \ AL REPORT. the letter which was of- wving fered in evidency Orrier or Wi ATTORNEY, BRASKA, OMana, N Honorable Mat AM J. CoNNELL, Districr or arch 11, 187 all Je vell, Postmaster Ge eral--Dear During the investigation and trial ard D. Curry, indicted with Smith Coffee by the grana jury of this county at the i'ebruury, A. D. 1576, term of RASK A, the state distries court for an assuult with intent to murder Eiward Ros water, editor of THE Oyaua | the sworn testmony of various witnesses, includiog the partics implicated, discloses the following facts: That the a sault upon Mr. Hosowater was taiked over in the private ofice of Postmaster Yost in the government postoftice huilding in the presence of Mr. Yost and [aul Vandervaort, icf clerk of the nostal railway mail vice, some duys previous to the assauly and it was' then understood that a certin card should e inserted in the Omaha Republi- can, by Mr. Minor, the local oditor, purpor ing to come from R. D. C to Mr. Roscwater, the objecy in view being to bring about a personal dificulty between Curry and Mr. Rosewater. Although the evidence was insufileient to Justify o prose- cution of Mr. Yost and Mr. Vandervoort us accessories, there is no doubt but that the wurderous Rosewater was the direct in wy mind assault upon dir, result of the uu- derstanding and arrangement reforred to and the insertion of the in pursuance thereof. The facts as developed show that Mr. Vauder- voort took a and desirved the i purpose stated, ‘making no objection, althou understanding whav was going on. resnectfully yours, W. J. Coxx A correct copy of letter filed in the appoiut- ment oftice, postoffice department, Maren 17, 1876, (Signed) Wi VAN VLECK, Clerk P. O. Dept. OIJECTING TO THE DOCUMENT, Mr. Mahoney objected to the introduction of the document on the grounds that the said document wus written by District Altorney Connell. Mr. Connell himself should be called, and thut this documentary evidence was hearsay, und therefore not admissible, Mr. Gaunon said that part of the alleged libelous matter was the statement that Paul Vandervoort came near going to the peni- tentiary for nis cocuection with this assault, and, when the defense was in posscssion of documentary evidence proviag the allegation, they had aperfect right 1 introduce it. That the; could prove it there was not the slight doubt, as this substantial document incontrn- vertibly showed that such was the case, Mr, Rosewater did not say that be [ Vandervoort] went to the penitentiary, but that he came nearly going; and, if what could be proved by documentary evidence was 80, he should have been prosecuted for his connection with this outrageous and brutal assault. ‘The court took the watter of admitting snid document under advisement until 2 o'clock 1n the afternoon, to which time court ook a recess, tivo vart 1o the conversation sertion of the card for the nile Mr, Yost was_sil chi bearing Ve Afternoon Session. When court convened in ‘g afternoon Mr, Mahoney continued the arS®aeat in his ob- jection to the certified copy of Mr, Connell’s opinion in the Curry case, He said that he was willing that Mr. Con- uell should be subpacnaed and be allowed to testify, but was ooposed w allowing the paper in_question to be submitted in evi. dence. He then read considerable law de- cisions in ‘“similar” ocases and occupied a roat deal of the time of the court, Judge t‘ooley of Michigan decisions seemed to be pet reports of the state. ‘The wentleman con- tinued his argument unti! 2: 30, Attorney Gannon replied on behalf of the defenso that the argument of the state would be applicable in case Mr, Vandervoort were on trial, but otherwise not. He then cited opposing decisions and made a very strong l.rullmnnt in favor of introducing the Connell etter. At the conclusion of Mr. Ganoon's citas tion of authorities Mr. Mahoney made a few col ents thereon, and the court remarked: “1 suppose, Mr, Gannon, that whether I rule this paper in or rule it out will make o great ?um of difference to your method of do- ense," Mr. Gannon replied: “It most certainly will," After some exami lon of authorities the court said: “Ido not think Lshall let that paper go in, Mr. Rosewater again ook the stand and in reply to questions said that he was ocon- fined to his bed for uearly three weeks und disabled from work about two months. He was attended by three physiciaps duri, his sickness, Dra. McClellay, Coffmen an: Mercer. Questioned as to what inspired the articlo coutaiving the alleged libel he had written, be testified that it was mainly to enlighten the public in regard to false uhl‘;xu against bumself which Hroatch and Vaadervoort had trumped up 10 a controversy tuat jn- volved u}nlt)ur:“ ot ur‘a.u mlm:rn' o the ulx- Ppayers of Omeba. agent for & granite contractor, Mr. Vaudorvoort had manipu- lated the council and caused an expense of #4,000 loss iu the coustruction of the stone- work of the city hall, Beiug asked from whom he had received the inforwatian, he said that Contractor Coots had told him that the city could have saved $4,000 oo the city hall basewent if he had been allowed to use other gravite thau Dodiin. THE MOTIVE OF THE ARTICLE, By Mr. Gaunou—State whother in these soveral Lrausactions alleged in this informa- tion, whether m Omoha or Lincoln were actuated by malice towards Mr. dervoort? A~ wnfiphvyvl‘\‘ actuated to prevent rob- béry or jobbery. Q. —~Have you any petsonal malice towards him? A.—1 never had any special feeling, T never had any great amonnt of love for him #inco I believed him to bo the justigator of the murderous assanlt, At the same time I never pursued him after the department loft ham in tus place. Q.—IAd you desire him any injury? A.—No, sir. Ihave not interfered with him or tried to except when he interfered with public affairs. Q.—When he kept out of public affairs you had nothing to say about him | A.—No, sir VANDERVOORT AS A LOBBYIST. Attorney Gannon offered in evidenco testi mony given before the United States Pacifio railway commission by George N, Ceawford at Omaha in June, 1887 An_objection was offered by County Attorney Mahoney and some logal argument followed. The court finally admittea the reading of the tostimony, and Mr, Rosewater road tho following ex: tracts: *Q.—Did_you securc passes for mombers of the logislature! A.—Ycs; when they ro quested me. Q.—Who gave you that authority? I'he Witness— 10 secure them ¢ he Chairman—Yes. “The Witness—What do you mean by the torm ‘secure?’ I was requosted by members of the logislature to ask for the issuance of passes, and I believe 1 did obtain a few. 'Q.-~\Whom did you ask! A,—Mr. Mau- chester, T think, “Q.—~Who clse? A.—Mr, Underwood, I think, and pechaps M. Thurston, ‘Q.~-Were you over refused! - do not remember of a single wstance, Q. —Did you ot ail the passes ! A.—T only went to them at the solicitation of others whodesired the pasees, Q. —At whose solicitation? A.—T do not remember, 'Q.—Members of the legislature? A.— Some of thom, aud some of thom (riends. Q. —How many passes aid you get in a slon! A.—I do not remember. Q.—Did you get fifty! A.—1I donot think Tdid. 1think provably cight or ton would cover the whole number. 1 do not think it would reach that number. ENTERTAINMENT PURNISHED MEMDERS. “Q.—Did you entertain wembers of the legislature? “A.—Ye “Q.—What entertainwent did you afford them! A.—That which suzgosted itself to my mind, and that which they secmed to desire. “Q.—~What sugwested itself, goneraily. A.—It depended a good deal ou the cha of the men, cter 'Q.—As an illustration, whatt A.—Social conversation and anecdotes. SQ.—That s intere What else! A.—Well, 81 hinlk. “The Chairmu “The Witness—I am endeavoring to an- swer you, +Q.~Wnat other entertmnment did afford the members of the legisiatu Sometimes I would ask them to take and, perhaps, drink wine, ASSOCIATES AT LINCOLY. “Q—Who were associated with you in your work at Lincoln! A,—There' are a number, Icould not tell all | could name cigars, 1o Chairman—Do so. “The —Mr. Vandervoort, and, I believe, 3 Mr. ‘Thurston, of cours he Chairman—You named one a moment ago that you have not repeated—Mr. Man chester. *“The W itness—O| choster, Q. our methods of working together? A, —Sometimes if I wantod to see some member of the legislature, [ might sk one of the other gentlemen to find him for me, or I could go and sec him myself at his room. I tell you frankl *“Tho Chairman {interposing) —I hope you are telling me everything frankl < The Witness—Well, 1.do not ne- cessity for that remark. When I first went, 1o the legisluture it was rather in the inter- ost of the senatorial contast. [ was opposed 1o th rests of Mr. Vin Wyck., 1 was o pretty enthusinstic demovrat and I wanted o keep the democrats together. I want to state to you, too, that {'did it particu for the purpose of defeating Mr. Vun Wy After that I was requestea by Mr. Vander- voort to remain during the remumnder of the Se3s100 in the interest of the railroas cause I saw that they were vadly affict the Van Wyek demagogism. CROSS-EXAMINATION, Q.—Mr. Rosewater, you say you have not hud suy greut love for Mr. Vandervoort since 1876, A.—Isaid that 1 wus not friendly with him personalty. Q. —You nhave not been on friendly terms with him at uny time since the Curry us- sault? any .—And that Curry assault has had an ei- fect upon your mind and feeliogs towards Mr. Vandervoort, has it! A.--Not any wmore than toward certain other parties. Q.—But it has had an effect upon your feelings towards Mr. Vandervoort, nas it? A.—I regurd Mr. Vandervoort as a bad man in public life; that is all, ¥ Q.—I'did not ask you wbat you regard im. By Mr, Gannon—I thiok that is a sufiicient answoer. By Mr, Mahoney—The Curry assa which you have spoken nas had un effe your feolings towards Mr, Vaudervoort? A.—l'Lat has been one of many incidents that have occurred in polities,” but I Lave never had any speciai fesling about it. Q—That hus influenced your foe toward Mr. Vandervoort, hasn’t it 1 A.—It hus impressed me that he is a ver dangerous and bad man. Q.—Has that assault had any effect on your feclings towards Mr. Vandervoort ¢ By Mr, Ganuon—1 thiok ho has answered that. 2 By Mr, Mahoney—He has avoided it so far very skillfuily. A.—Well, I have bad intercourse with parties who' were connected with Vander- 1t of t on voort, and have not felt in the shightest burt about it. Q.~Hus that assault had any effect on your feelings towards Mr. Vandervoort? BEE: SATURDAY, 1800, JANUARY 18, such as very generally terminate In Aeath, They appeaced to have been made, witness said, with some blunt wstrument. MR, J. 8, GINSON'S TESTIMONY. J. 8. Gibson took the titness stand. Ho had been in Omaba thirty-four yoars, Ho saw the lnst vart of the awsault on Mr. Rosewater, saw Curry, the nogro who made tho assault, deal Mr. Rose- water soveral blows with a slung shot. Thoy decended with such force as to be heard distinctly by witness, who at the time was standing across the 'street. Witness member of the grand jury, and acted as clerk upon tho investigation of the Curry assault, and remembered the testimony of Porter. that James R distinctly was the strongest as the cause and iu- Stigator of the assault. Vandervoort himsclf testified before that grand jury that he (Vandervoort) had been informed that there mightbe an assault. While Mr. Gibson was giving this testi mony in his clear minded, precise manner, Vandervoort was palpably uncasy. 'Lhis uneasiness grow into something very like a panic-strickon desiro to retreat when the name of the next witness, James R. Por- ter, was called and the governor took the d. Witness romembered Porter's testimony nst Vandervoort MR, PORTER'S TESTIMONY, Mr. James R. Porter occupted the stand an bour and a half. His testimony was o bomb sholl in the camnp of the prosecution and oaused dismay and confusion. The full report of his evidonce will be Tiie SUN pay By ‘The examination was then adjourned until this morning at 10 o’clock published in Sloeplessness, nervous prostration, norvons dyspepsin, dullness, blues, cured by Dr. Milos” Norvine, Samples free at Kubn & Co.'s, 13th and Douglas, s H'S DOINGS, Some of Those Who Have forn His Scythe. The deaths of . Burleigh Moore Harry B, Hoxsio Thursday, both at the of nineteen, have many remarkable aencos, J. Burleigh Moore was the son of Mr. and Mrs. C. 13 Moore, 1514 Dodge, and was aged nineteen years and one wonth, While on his way to the high schiool Monday ho was sud denly tuken sick, and beforo he could reach home he was delirious. A physician was called in and the case ronounced pleuro- puenmonia. Young Moore sank rapidiy, and DEA Fallen Be- and uge coinci at 8:80 p. m yesterday died. ‘Thebiow 18 a terrible one to his parents. whose hopes and ambitions were centered in their maniy son. Three years ago Burleigh ¢ school” but haa to leave about ago on acconnt of too close applic: his books. He then entered his store and his neaith improved so much that 1wo woeks ago he determined to re-enter the high school and continue his studies until a aduation. His ambitious hopes were sud denly blight He was a bright and studi- ous voung n, fuil of life d enerey, and zave promise ot becomiug a fine business man, His remains will be interred Sunda Henry I, Hoxsie was the only son of Mr. and M Dorr D. Hoxsie, 2420 Hawmilton street, and was their wain support. His 7o Wis nineteen vs, 8ix duys. He was ken siclkc Monday with peritonitis and diod yesterday morning. Young Hoxsis has been # clerk in General Foreman Manning's oftlee in tho machinery department of the Urion Pacifi Two wecks ago he received a pro- motion s a roward for his applica tion and business ability. He was a very bright, genial youug wan with o host of friends who are shocked at his untimely taking oft. His body will be buried Satur- day at 1 p. m. in Forest Lawn cemeter, Jolin Dee,” aged thirty-two years, son of the late Denis Dee, died yesterday ot the family residence on South Thirteenth street. The ‘deceased was well known, having re. sided Lere the greater part of his hife, and ng the o4 of one of the oldest residents His funeral will take place the interment being held netory. i ohle, a'momber of the Grand opera bouse orchestra, dicd on Wednesday of pnoumonia. He a native of Stock- holm, Swedeu, twenty-cight years of ugo, funcral ocenrred uul’s aL 2 o'clock yesterday Lhe remains were intorrea in of the county afternoon. Forest Lawn cemetery. uumumsnm ATTRACTION! OVER A MILLION DISTRIBUTED Louisiana Stats Lottar; Company. Incorporated b; and Charitable purp: part of the prosunt overwhelming popul Its MAMMO'H DRAWINGS take place Semi-Annually, (June and December) and itsGRAND SINGLE NUMBER DRAWINGS takeglace ineach of the other ten months of the year, and are all drawn in_public, attho Academy of Music, New Orleans, La FAMED FOR TWENTY YEARS For Integrity of Its Drawings and Prompt Paymant of Prizes, Attested as follows: “We do hereby certify that wa supersise the Tungements for ail the Monthl Drawl, 1501703, an 0 aro conincted 24 fuith towar all par- iy L0 use this cortt fenatures auasied, i COMMISBIONERS, Aankors, will nay 1 State Lotieries A.—Well, it hus bad an effect on my mind in general s to bis charactor and his siyle of a man. Q.—~Hasn't it had an effect on your senti- monts towards bim? A.—Lhad no parvicular affection for him 1n the first place, Q.—Hasn't it caused you to bave even loss affection for him{ A.—Iu simply confirmed me in the gencral belief thar I have entertained since he has boen in publie life. ?.—l do not care so much avout your be- lief, Mr. Rosewater, a8 | do about your fecl- ings in the matter. * Hasn't that matter had an effect on your feelings toward Mr. Van- dorvoortt A,—1t has had its proportion or pro rata of impressions on me. Leélings are simply the effect of impressions. Q.—You have answered as to the effect upon your impressions and upon your judg- ment and upon your opltion. = Mr. Rose- water, will you please answer as to whether it haa an effect on your fesiingst A.—Do you mean feeiings at that time or at this time! Q.—Both at that time and at this time! A —Al the time when' it occurred, of course, it had & very marked impression on wy fechugs as woll us on my hoad. I got over it pretty well aften fourteen years. I do not feel any more animosity toward him —siaply that I regurd bim as @ bad man; that is all. - Q.—You were aware attho time you wrote this article there had been an_examination conducted by the federsl officers here in Omaha into that matter ip 15761 A —I was swure that @ fraud had been committed on the federal government by & fraudulent {nvestigation, By Mr. Gannou—Iato what matter? A.—I will auswer all thesg questions very decisively. By Mr. Mahoney—You were aware that thero had been au investigation conduoted by the postofiico departiaent into Mr. Van- dervoort's slleged connection with the Curry assaulti Objeoted to and objection sustaine d. DR. COPPMAN ON THE STAND, At this point Mr. Rosewater was with- drawn from the wituess stand in order to allow vr. Coffman to testify, He said that ho was called to stiend Mr. Rosewater in the spring of 1876. He found bim suffering {row terrible wounds on the scalp. ‘Phero were two wounds 50 deep #s Lo affect the skull, and two others that sunply penetrated and badly tore the scalp. Wilness cousid- ered the wounds of a daugerous nature, and R. M. WALMSLEY, Pres. Louisiana Nat. Bank PIERRE LANAUX, Pres, State Nat't Bank. A.BALDWIN, Pres. Now Orleans Nat'l Buni. CARL KOHN, Pres, Union National Bank. GRAND MONTHLY DRAWIHG, At the Academy of Music, New Or- leans, Tuesday, February (. 1890, CAPITAL PRIZE, - 300,000 100,000 Tickeis ot $20 each; H $10; Quarters, $5; Tenths $2; A'wentieths, $1. LIST OF PRIZES, ) EPOW I8 M B0 s OF W0 I8 25000 I8 vos APPROXIMAT 100 Prizes of §40 re. o 0w W do Aure. TERMIN AL PRIZES. Prizes of $100 are . 0 brides of $10 ke 3.134 Prizes amounting to... .$1,064,800 NOTETiekets drawlng Capital Prizes are not en- titled Lo termunal prices. AGENTS WANTED. #FOR CLUB RATES. o any furiher information deslred, write legibly 6 tho i ned, clearly stating'your resldonce. with Siate, County, Str and Number. ‘Moro rapid return uinil delivary wil be assured by your enciosing un envelops Learing your full addre: IMPORTANT. Address M. A, DAUPHIN, New Orleans, La Or M. A, DAUPHIN, Washington; D. ¢, lotter, ontainiag MONEY ORUER, 1y prass Comoanies, Now Vork Kxeliuiss By ordinar snch by ail B Dratt or Postal Address Registered Letters containlng Correnzy ta NEW ORLEANS NATIONAL BANK, Now Orloans, La. ENEMBER, that the “marmont of Prizes ia GUAKANTEED BY pOUR NATIONAT BANKS of ow Orleans, aud e Lokets are #ignod by the prosi artoro | his aie erofuror Lo WAL dent of un Lustivation, whose Fecoguized in the bighest cour of allimisations or wnony mous ac [ AL I the brice of thg smallest part or fraetion of 4 Ucket [BSUBD B 1o suyd - Apgiuing o our usie ofiered for less ¢ UAcons of TRADE L REMEBYPAIN CURES PERMANENTLY RHEUMA'TISM. Cordova, Minn,, Sept, 22, 1888, Suffored with rhoumatism’ for more. than ten years and got 1o reliof tll Tused St Jacobs Oil, which cured me. WM, B. HOUNDER, MARK AT DRUGGISTS AND DEALERS, THE CHARLES A. VOGELER CO., Baltimore, Md, or improved ana economic cookery se ehig COMPANY’S EXTRACT OF V1 2T, IMKEN SPRING VEHICLES Try Onoy i or Beef Ten, Sonps, Mads Dishes, Sauce: h, &c.), Asplcor Meat Jolly. Kevps tor any th of time, and 15 cheaperand of finer tiavor thanany other stock, Ty TMproved wilh exinging ahTelles n oy 1008 1 ing rehiets minde. The Apeirign loned ey 'Neetiding Lo the wolght et oo Ly Mg well Lo rough ocuntey ‘e f Wl eive you DASY watiathotio ATE FUL—~COMEPORTIN G, EPP’'S COCOA BREAKFAST, Iy a thorough knowledge of the natural (aws which govern ti ration’s of digestion and nutrition, and by & careful applicaalon of the fine properties of well selecten) Cocon, Mr, Epps. has provided our breakfast tables with 8 deil- Gonuine only with J. von Liebig's siTnatureas above,in blue. Une pouud LIEXITACE of Weof equal'toTorty pounds ot lean boe £, 1have | catcly fiavorad boverigo which may save us tried all the medl hold of, | muuy heavy doctor's billa. It is by the judiclous but all in vain, mns could | USe Of such artioles of diet thnt a coustitution 4 relie iy be eradually huilt up util strong enough to rosist overy tendenvy to disease. Hundreds of subtle moindies aro loating around us ready 0 vlerever thore is a Weak point. We mes,” and ny tof Tutt's Pill po muny A fatal shaft by keoping our- vo worke y keep I tortitled with pure biood and i prop- ilar, don't muke ‘mean | eFly nourished frame.”—Civil Servics Garette; appetite and are curing I am Mude simpty with boiling water or milk. Sold and ean walk any dist IX had / OnlY inhalf pound tine, by grocers,Inbeled thus: these il e o e {ior wonnt (| AMES E#PS& £0, fiomeopatiisChomists anved 1o 810,000; but ¢ i London, England, y life. Lot the afficte - - their value, which iy be, THERALD L1 d oxpression D, Springfield, 0, Dr. JOHN C. JONES, Tutt’s Liver Pills DISEASES OF WO ASSIMIVATE THE FOOD. Office, 8. E.Cor, 13th and Douglas Sts., Omaha Nob HADWAY' & For the cure of all DISORDERS OF THE STOMACH, LIVER, BOWE KID! BLADDER, NERVOUS DISEASES, HEADACHE, CONSTIPATION, COSTIVE X I3 COMPLAINTS PECULIAR 10O FEMAL: PAINS IN THIS BACK, DRAGGIN FEE| I NDIC 'TON, BILLIOUSNESS, SVER, INFLAMMATION O THE BOWE aud ull derangements of the Internal Viscera. RADWAY'S to healthy PILLS are a cure for this complaint. action, restore sirength to the sto Price They tone up the mteinal secrotions ch and enable it to perform its functions, c per box. Sold by all drugeists. RADWAY & CO., Now York. MAX MEYER & BRO. JEWELERS, Will sell for the next 10 days, at the Lowest Auction Quotations, all of the stocxleft of our retail department. Some of the most desira- ble goods in Diamonds, Watches, Jewelry, Art Good Bronzes, Clocks, ete., ete. Remember the opportumity will last but 10 days only. Store for rent and Fixtures for sale. MAX MEYER & BRO. Cor. 16th and Farnam Streets. PORTLAND PARK-= A rich, beautiful tract of table land seven hundred (700) feet above the Willamette. Beautiful Parks, with mineral springs, shade trees and macadamized walks. A building society in operation erecting cottages and stores for rent or sale. A motor line 18 being construc ed, to be in operation by May next, with 5¢ fare, Only 800 of the 8700 of these lots are placed on the market at a quarter of their value. These lots are sold on the installment plan, with oasy vaymeuts, or a liberal discount for cash, A specinl arrangement will be made with parties purchasing one or more blocks, These lots will be advanced fifty per cent after those now on the market ave sold. ADDRESS, SHOREY, HALL & CO., Abington Buildine, Portiand,Oregon. D* JAGOBS Medical & Surgical Dispensary, Nos. 101 to 118 So. 13th St. " Lrestment of wyery fo. specinlty of Brices, Trasses, Club l"ul{lf mv disense adntlon. Eloetricity, Far yais. Epilepsy, Kidnoy, Bisd res 0 Ro Reception Rooms 39 and 40, Omaha, Neb Uy from Nervous Debility, Lost Manhood, ¥alling Merios , EXhnust) TO ALL Mlfi artiblo Druas. THend and BAck -Achb, B A1l e aiecs i o8 ly docay snd perlinps o lnsunity, trealed sclentis w meithods, Consultation fre r ey Kheuruatism, Polsbnous Disclurgin ilky urig, painiul . auickly reiioved aud radiontty ulfi lustented hosk, “1.ife mocret lrrond conte, ' Bind for Quostion any Chranio Disonse i M nd Frunses, Tiest. faeliliion, apph 4 f o 1) ....l:u(.)R 1T ““S and Trusses, it factiition, apparatus und rem uocosatul ol Banittal roatinen Sor. Nronchitis uiriog Modiosl or B) bino. Tiles, 1 4 Westoat C nars £ Bpine, s, r, Skt and Iiood ana. i 160k a0 queaiion blunks Tres S 4 :k OF Wi N ASPECIALTY. Boox, Clrculars and Qu ation it ou N lfié-é:]:'un. r)u!: v‘»?m.) wMut‘uh'b opots, Skiul Plaaple st afl Biooi Divesses, * M0 10 L8 8yphilis, Scrofula, Bad Blood, Skin, ETCHINGS, ¥ EMERSON, ENGRAVINGS, rl S HALLET & DAVIS ARTIST SUPPLI ESg8 SFKIMBALL, MOULDINGS, &5 S PIANOS & ORGANS FRAMES, - SISHEET MUSIC 1613 Douglas Street, Omaha, Nebraska g A COMPLETE STOCK OF Ice "T'Ools HIMEBAUGH & TAYLOR, 1405 Dougias St. Send for catulogue,