Omaha Daily Bee Newspaper, January 19, 1890, Page 2

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2 THE OMAHA DAILY BEE: VDAY, JANUARY 19, 1890.-SIXTEEN What he desired to bave written for the Ro- publican, Q.—What was that! Borves me right—it was €ome time things are a little hazy as to the but if my memory serves mo corroctly, I think Mr. Vandorvoort requested me ono day to write something of a complimentary natire for Mr. ltussell, Q.—Was Mr. Russell a membor of the leg- fsiaturc? A.—Yes, sir, ho was a member of the legislature and a member of the judici- ary committee, which at that time—if my memory serves me right—was to a certain extent under a cloud on account of some matters pertaining to tho logislature—some bills which wero pending and in the hands of the judiciary committee. 1*think Mr. Russell was also at that particular time a candidato for election to some Grand Army position—commander of the Grand Army. Q.—Did you remember what charges had A 1 my momory ago and act facts; been maac against the judiciary committee that suggested this comphimentary article! A.—1 think thero were none made at the time; T think thera were rumors around the street as to aliegations that had veen made outside of the legislaturo. Q.—Whut position on the judiciary com mittee did ho say Mr. Russell ‘occupiod! A, L am not positive whether he was chairman or mot: [ think he was Q.—What other articles, if any, did My “Vandervoort instruct you to write! A.—f think he also suggested the writing of an article complimentary to Mr. Slater of Vi county, who was also a memoer of committ those articles ¢, and were forwarded written? A to the Re publican, Q.—Now, what was dono in_pursuance of your instrictions to give h—1to Tur Br A—Well, almost daily during the twentys seven or twenty-eight ys that I served ou the Republican, I proce 10 do 8o, Q —In tho highest style of the art! A — Well, not in the highest style of the art, bo- cnuse at that time I was not giving my en tire attention—I was confined to the prepa ration of these articles and [ generally never overiooked any opportunity to rap Tue & or Mr, Rosewater over the knuckl Q.—Were there any threats made against Mr. Rosewate that time, and if so. by whom were they madet A.—The only time in which uny threats were made in person against Mr. Rosewater was upon tho any or afternoon succeeding the introduction’ by Mr. Rosewater of churges, Mr. Rosewater appearcd upon the floor of the house and preferred charges against the judiciary com- anitted, alleging that they had been brived or were to bo bribed in conncction with the anti-gambling vill and also the Omaha charter bill; and durivg the recess Mr. Caldwell of Lincoln made & remark to me, and alson_the presence of Mr. Vander- ‘voort, that he would shoot that littie s—n of 8 b——h ~that was the expression that he wsed—like @ partridge if it was not tor the fonsideration of his (Caldwell's) wife. I Ghink that was the expression as near os 1 ean remember it. At the time I made un immediate notation of it and I think that no- tation is still preserved. Q.—This was in the presence of Mr. Van- dervoort] A.—Well, it was in presence of M. Vandervoort and soveral other gentlo- men who were standing tnere in the imme- diate vicinity of the cloak room. Q—What, it anything, did Mr. Vandor- voort say? A.—Mi. Vandervoort made no response to it. He was talking to Mr. Cald- well, and he apparently took no part in the exclimution on Mr. Caidwell's part. Ho was simply a bystander and hearor as I ‘was, Were there any other threats that you recollect or? A.—I have no recollection” of any other threats being made in person against Mr. Roscwater’s safety except that one, and the general talk that was made - uround the court house at that time that Rosewater had saved his neck by getting out oftown. That \as made tho day subsc- quent, T think. Q.—Do you recollect now what were the charges Mr. Kosewater made ugainst the judiciary committect A.—Why, the nature of tho charges was this, substantially: A pool had been organi: among the gam- blers. who had raised about 27,000, which ut that time was on deposit at the Lincoln Na- tional bank, and which was for the purpose of preventing the passage of tho anti- gambling bill, which had been passed by the senate on the fly and had come into the house and had been referred to the commit- tee on judiciary and av that particular time the bill was supposed to be in the hands of the committee on judiciary, and this morey had been raised by the gamblers of Omuba and of Lincoln and of Beatrice and of a western town which I canuot remember, for the purpose of pres | venting the report of this bill from the judi- | eary committee until after legislation would be futile—until after it was too late. I had Xknown personally from some members of the judiciary committee of their having con- ference with these gamblers upon this prop- osition, Q.—Some of the judiciary committee whom you have numed ¢ Yes, sir. I say some of the gentlowen whom I have named. I should hesitate to go any further than that for the reason that it is no matter that is at he present time under investigation Q.—We will leave that for cross-examina= tion if they desire to let it out. Do you know whether or not Mr. Vundervoort had any conference with the gamblerst A.—No sir, Ido not. I unever saw him. Q.—What do vou know of the oil rooms, as « they. wero calied down there? A.—Well, during these thirty days of my acquaintance with the inside of legislation, and which was 2ot a very familiar acquuintance at that, be- ‘cause I did not have time hardly to get in- Yroduced, there were three places in the Capitol hotel —three rooms in which liguor \was dispensed. Q.—Thlree different ones besides the bar! A.—Yes, sir, three places were in operation, Q.—At the same time! A.—They were run from one o another. I think that the prop- Tiotor of the hotel, or the parties who were managing these apartments were somewhat nervous ut that time in relation tg the liquor law oo Sunday. 1 know that“it re- quired pretty intimate knowledge of the tablishment to get nto the room. Sometimes it would mnot be tho same room that had been occupied on Baturday. Q.—Who have you scen there! A, —I have peen Mr. Vandervoort, Mr, Crawford, Mr, Gurley, Mr. Maunchester and Mr. Leavitt. Q.—Who is Mr. Manchester! A.—I don't know him except by that name. He was in Lincoln as a lobbyist. I never met him per- sonally except in that way. Q.—I8 be from this city! A.—Iam under the impression that he is an Owaha wan. Q.~Had you any conversation with him? A.—No, sir, L never had any conversation with Mr. Manchester. Q.—Was Mr, Vaudervoort there when Mr, Manchester was there! A.—1 think not. I only remember of two occasions when I saw Mr, Vandervoort in one of these upartments, and that was in room 30; that is, I only re- Junember positively 1y occasions, Of course, ;lh‘w seen a number of these gentlemen lown there at different times id thess rooms. ‘Was probably in these various rooms ten or twelve or possibly fifteen different times uring this month. I remember seeing Mr. audervoort one cvening—one night late—in company with Mr, Gurley and Mr, Craw. ford, aud T um under the impression that Mr. Garvey, a legislator from this city. —You saw them inthisroom! A.—Yes, 1 was there wmysolf. Q.—~How late was u place kept open? AT nover found thew ciosed, and 1 used to stay up os lato as anybedy around the estab- Jishment, 1 guess. Qh.— ‘Would they be opan after 12 o'clock at EK t! A.—Yes sir, uotil 2 or 3 in the orning. . —Open Sunday! A —Yes sir. . ~On this oceasion when you saw Mr. Vandervoort there what time of the night was it! A If my memory serves me right 4t was about midnight, 11 or 12 o'clock. Q.—Mr. Gurloy and Mr. Crawford wera here! A.—Yes sir, they Wero present at hat time. Q.—Whbo seemed to run this establish- ut! A.—Well, there was no one runniong L apparently; it was an ostablishment whero & mau \who was acquainted with the entlewan who acted iu the capacity of bar- der could got in and could order whatever @ wished for himself aud his friends with- ment of money. (i- ithout any paymeunt of money! A.— tleast I never saw aoy money paid. ave been in the place a dozen of timos. Q.—People went 1 and got what thoy wuted, In other words, it scemed to run iteelf. A. My ivipression at that time and yetso far as physicul eyidences are cous ed, is Lhat the room OF rooms were cou- ucted by the hotel who biad an account with 3 in partics who were able to get there, ust ex 1 don’t know anything ubout. Q.—You have scen the legislators there! Eou say that tine und again you have seou what that account was or who | sir, I havogoen various members of the leg Istaturs thofers Q.—Have you seen members of the legis lature leave there and go to_other places, to houses of ill-fame A.—No, sir, T don't think that 1 could testify—I don't know that they went from these rooms to houses of ill. fame. Q).—Havo you ever seen them zo o houses of ill-fame ufter you had scen them in these rooms! A.—I think so; yes, sir, if my mem- ory serves me rightly, 1 think that I have, Q. —-Now, have you seen members of tho legislature there at that time who were in pecunious, say, today and very flush to- morrow! A.—I had the ploasure of meoting one gentleman Who \vas in that situation. Q. —Explain it, please. A.—Well, it so happened that I was talking with this man one afternoon and at that time he stated te me that he didn’t have any money. The fol lowing day, however, he hiad a large amount of money, that is, & large amount for a man to carry around in his clothes, Q.—Do you know how much? A.—Well, somewhere in the vicinily of $400 in gold— $1000r §5)0 in gold and currency arly all of it in gold, how Q.—Did ho say whore he got it? Ho hiaa a large number of gold pieces. No, sir; he did not. Q.—What had been his position in tho louse or senate immediately before that A—Hewnsa u of the house. K wits known as a v ok man nd he had t0 a cortain extent favored legislation W had been introduced by gentlemen who we ssociated with him in the scnatorial con test; and, of course, going there and meot- ing these gentlemen in the senatorial con- test first I naturally classified thom in my mind as Van Wyck men or anti-Van Wyck men. 1 found subscquently during the ses sion of the legislature gentlemen who were Van Wyck men hung together pretty well in legislative mattors aud_thoso who were op~ posed to Senator Van Wyck were generally united in opposition to legislative matters or in favor—there were gencrally two divisions of thom, Q-—Did thero seem to be any change in this man over the treatwient he received, and which you have mentioned? A.—He made two or three specches there i very violeat contradiction of his vrevious attitude. Q.—Iu the articles which you did write, whether you wero inspired by what ndervoort said to you and by his nssoc ates? A.—Ye sir, almost entirely. I had oo feelmg i the matter one way or the other. I had no Qisposi- tion to say anything unploasant of Mr. Rosewater or Titk Brr, and 1 would not hiave written in the tenor that T did if it had not been for the mstructions which 1 had re. ceived and the inspirations which I received 1 Lincoln. Q.—You received the instructions from Rothacker and the inspirations from Vander- voort? A.—Not entirely from Vandervoort, F'rom a number of gentlemen who ware sup- posed to be in the interest of certain levisia - tiou and against cortain legislation which the Republican vaperopposed. Q —Theso people wero opposed to Mr. Vandervoort there, were they mot! A.— 24 sir, oh yes. —Was thata crowa of gentlemen of those who were opposed to auy restrictive legisiation upon railroads! A.—Yes, sir, they wore all opposed to the enactment of a raiiroad law which would repeal the old commission altogether and cause the avpoint- ment of @ new commission with greater Dowers. #.Cro s examination, questioned by Mr. Ma- A.—Sumner A. What is your namet son, % You residsat present at Denve = Yes, sir. ] Q—How long have you been at Denver? I have been at Denver since September, 1857, Q.—Have you heen engaged in the news- paper business there! A.—Yes, sir. Q.—Ever since you went there! A.— Yes, sir. Q.—On what paper? principall the Tim Q.—In what capacity? man. Q.—How long did you work for Tug Osana Bee? A.—I came to Omaha in 1851 and worked until about 1883, —In what capacity! A.—As a reporter. —Did you attend auny session of the legislature of Nebraska besides that of 1857 as a reporter for Tur Bee! A.—No sir, Q.—Dida’t you attend any session of tho legislature of Nebraska than that of 1857 as a reporter for any paper! A.—No sir. Q.—That is the only session you attended A.—That is the ovly legislative session of Nebraska I have ever attended. Q.—You say yousaw Mr. Vahdervoort there during this session of the legislature? A.—Yes sir. Q.—That is the regular session and the cxtension?! A.—Yes sir. Of course I do not intend 10 convey the impression that I suw Mr. Vandervoort there every day during that time: don’t know us 1did, butIsaw him at different periods, which left the im- pression in my mind that he was continu- ously there. 1saw him quite frequently. Q.—His headquarters were at the Capitol hotel? A.—I am not sure of that. Q.—Do you know where he boarded? A.— Nosir. I'dow't think he boarded at the Capitol hotel, however. Q.—Do you know whether he had a room at the Capitol hotel! A.—No sir, I do not. Q.—Had you been acquainted with Mr. Vandervoort prior to the session of 18877 A.—Only as having known him here Omaha as being connected with the postal service. I had knowa that he had been superintendent, I think, of the wail service of the postofiice here, Q.—You became _personally acquainted with him then at Lincoln! A.—Yes, sir, that is right. That was my first personal acquaintance with him, Q.—You served Tne Bex until the close of the reculur session! A.—I served Tk Bre until the close of the regular session, Q.—And then served the Republican through the extension? A.—Yes, sir. ur connection with was a sham, was it not! A.—My on with Tue Bee was not a sham, My severance: well, yes, it was to a certain extent, ves, sir. Q.—It was a sham? A.—VYes, sir. Q.—Arranged between yourself and Mr., Rosewater! A.—Well, I was there. Q.—You suggested it and he agreed to it AT Yew, sir, Lyuggested 1t and "o agreed 10 it. Q.—That s, you protended to leave the em- ployment of Tus Bre? A.—Yes, sir, Q.—And pretended to go into the employ- ment of the Republican? A.—No, sir, there was 1o contemplation of that character; tho only business reason for my leaving the e ployment of Tuk Ber was thero were 8o many men there directing and handling leg- islation—that were opposing logisiation—that it was 1mpossible to obtuin any information from thew, Q —1he plan arranged between you and Mr. Rosewater was tiat you should ostensi- bly leave the employment of Tur I that was the arrangement between yourself and Mr, Rosowater! A.—Yes, sir. Q.—That you should ostensibly leave the employment of Tuk Ber for the purpose of putting yourself in a place where you could get informution which you could not get as a reporter of Tug Her! "A.—Yes, sir. Q. —By representing yourself as in no manver connected - with that paper to get into the confidence of men who would not otherwise ullow you in their confidence! A, ~—I did not contempiate getling into the con- fidence of auy of these gentiemen. 1 did not want their confidence, but to be permitted to R0 where they were and see what they were downg. Q.—To go into their private rooms! A.— not into their private rooms. . —You took the trouble of going where tuey were in the halls of the legislatura! A. ~Yes, sir; in their legislative seats; but that is not where the legislation was enacted. The legislation was enacted iu the private roowms aud the secret caucuses. Q.~This was for the purpose of enabling You to go into their private rooms! A.—No, 8ir; for the purpose of geuting udwission to the secret meetings of that character from which the reporters of Tus BEE bad veen excluded. Q.—Iuto the private roows of these gentle~ men! A.—No, sir, These mectiugs were held-iu the pri- vate rooms! A.—Geunerally these meetings wore held 1n the commitiee roows, but @ number of them were beld n the' private rooms of ihese gentlemen ot the botels, | was never in - the' private room of any of these geatlemen which was ocoupied for sleeping purposes at the Capitol hotel. Q.—You were iu the oil rooms! A.—Yes, sir. Q.—To you know 1o whow those rooms were ussizned ou the hotel* register? neéver notived. $ Q.—You never went Lo see whut wos going on. A.—Yes, sir, . —You uever thought of going to see who these rooms were assigued tof A.--Thero A.—The Republican aud fora brief time 1 was on A.—As a local A1 - members of the legislavure there! A.—Yos, | was nover any arrangement wheroby these rooms could be assigned to anybody could not be occunied ; they were bars. Q.=On what floor of tha hotel were they? A.=On the second and third floors, Q.—Was thers a bar there! A.—Thero Was an arrangement across the room usually called the bar. Q.—An1 aman behind the bar as bar- tendor! A.—Yes, sir. An employe of tho hotel. _Ostensibly so: at least 1 thought, so. Q.—So far as you are able to determine that bar was run by tho hotel people? A,— That is my impression. But 1t was run by the hotel on this plan, that anyoody who was able to secure admittance to these rooms (and I never had been previons to severing my connection with Twe Ber), and would not have been unless it was supposed by the boys that I was in with the play. Q.—Who wera the boys! A.—The gentle- men who favored uny legislation which was narticularly friendly to the various corpora- tions, Q.—Particularly,the vili the repeal the old They oad commission law! A.—It was one of them; an several, Q.—You say that Mr. Rosewater preferred certain ¢ inst the judiclary com. mittee! A.—Yes, sir . Q.—And proferred chargos bofore the fult hose, A.—Yes, sir. Q.—As the result of the preference of thoso charges an_inyestigation was ordered by the house of those charzes. A.—Yes, wir Q.—And the investigation was had! No, sir, an investigation was not had. Q ~Sessions woere had, witnesses wero calied! A.—Only ono scssion was had; I think only the informine witness, Mr. Rose- water himself, was called: Q.—~Where wus Mr. Rosewater! A.—He was at that timo in Lincoln. Q.—Did he appear before the committee! A.—He dia. Q.—Were there not other sessions of tho investigating committee, and was not Mr, A= Rosewater called for and was mot he in the east at the - time and _beyond the reach of a subpmnal A.—Yes, sir; but during the first mocting of the first session, which ordinarily was to have held distinct sessions in secret—in pris vate—they being liable to a public exposure; n certain clique in the house became alarmed and by the force of an ngresment which exteoded between fifty-four of the members of the house that they shouid stand by or defeat any proposition upon which n majority of their number agreed they were able to throw open tho doors of this investi- gution, and thereby prevent the procuring of testimony of witnesses who were afraid of assussination if they appeared before the committee in that open nvestigation. Q.—The making tho investigation open in- stead of secret drove away witnesses who were otherwise willing to testify? A.—It prevented the testimony of witnesses who were afraid of assassination. Q.—Was Mr. Rosewater afraid of assassi- nation! A.—No, sir; heappeared personally and preferred the charges. Q.- Did he appear before the committeel A.—No, sir; because he had preferred his charges. Q.—Were there any further calls for Mr. Rosewater 1o appear before that committee! A.—Yes, sir, and the purpose of the call was o obtain from him the facts which the wits ness would testify to. As soon as he dis- covered that this majority of the house had entirely ruined the possibility of any such thing as an investigation, and that they had substantially whitewashen—in other words making the investigation open and above board—resulted in the defeat of the investiga- tion; after making the investigation open so that the names of the witnesses and the hearing of their testiniony would defeat the investigation ; there is no question about that down there, because some of the witnesses who would have testified were, to a certain extent, those implicated, and that was the only method whereby avy information could be obtained. Q.—Mr. Rosewater had given the names of those witnesses to them! ~ A.—No, sir, he had the names of those witnesses, Q.—And he had those names given tothem? .—1 think so; yes, sir. Q.—As a result of his going away the com- mittee was unable to get the \zitnesses! A.—Notasa reswt of that; I think they could nave been obtained, becanse I am satisfied the chairman had in bis ‘possession the names of the witnesses, Q.—What do you mean by saying Mr. Rosewater was called for by the session to produce the names of the witnesses? A, — Ho was called up for the purpose of produc- g the papers which he had originally presented to the committee, containing in- formation as to what these witnesses would swear to. Q.—Then, when he filed those charges he presented & paper to the committee of the house; to the chairman of the committee? A.—The whole thing was in a nutshell like Mr. Rosewater was called before the committee as a.witness, and during his ex- amination before that committee, and after they had svcceeded 1n obtaining from him information which they desired—I was in the houseat the time I heard of the move- ment and the machinery by which it was worked; the resolution was sprung in the house to change the churacter of this com- mittee, if I remember rightly, and to hold an open investigation, thereby taking advan- tage of the information which Mr. Rose~ water had preferred and preventing the possibility of the testifying of these wit- nessos whom he had mentioned. Q.—And_would that prevent their testify - ing? A.—Yes, sir. Q hey could be reached by subpoenal A.—Yes, sir; but at the same time 1t was im- possible to obtain the testimony of some of these gentlemen upon the vital points at issue. Q.—Were those gentlemen A.—No, sir. (3.—Hnw do you know? A.—Because I had been informed they would never ap- pear bofore an open myestigation and tes- ufy. Q.—If they had been subpmenaed would they have appeared! A —I do not know. Q.—What was it the committee wanted from Mr. Rosewater at the time he went away! A.—So that the testimony of Mr. Rosewater could be examined as to the mat- ter and the importance of the substance of his evidence and charges. Q.—The further testimony they wanted from Mr, Rosewarer they did not get! A.— 1donot kuow if they could have obtained sny further testimony, because Mr. Rose- water wus not aware of any new witness ‘in the matier, except, perhaps, in one instance. Q,—You spoke of Mr. Vanilervoort asking you to write a couple of articles referring to vertain gentlemen, members of the house— one of those was Mr, Russell! A.—Yes, sir; and the other Mr, Slater. Q.— Were both of those members of the judiciary committee! A.—Yes, sir. Q.—D1d they come up in connection with this investigation! A.—My impression is that these articles were written 'about the time that this 1nvestigation was pending. Q.—Was this investigation pending while you were working for Tue Bee or Repub- lican? A.--WnileI was working for the Republican, Q.—During the extension of the session} A.—Yes, sir. 1have here some data which will refresh my memory, because I went to the files of the Omaha Republican yesterday and obtained it and I can state distinctly as to the dates. Mr. Russell was—hus biography was pubhished in the Republican on March 16, I'think in the Republican on the 16th, in conuection with tne article which described the language he used to Mr. Rosewater, as Mr. Rosewater appeared in the house at the time that Mr. Russell was speaking upon this question. Q.—After the charges had been intro- duced! A.—Ithink after the charges had been introduced, yes, sir, and on the 16th, the following day, I published —1 wrote also, which was published in the Republican, an encomium for Mr. Slater, and on the 19th I find here that Mr. Rosewater had—it was then published that Mr. Rosewater had left the city. Q.—You charged Mr. Rosewater at that time with havirg left the city for the pur: pose of evading the investigating committee ! A.—Yes, sir. 1 was writing under instruc- tions. Iaid exactiy as I was told to do. Q.—Were you told to write any specific charges! A.—l was told to turow Mr, Rose- water into nidicule, Q—~But at the same time you would not intentionally lie about him to carry ous your instructions! A.--1 did ot lie about him. Q.—Were you not charging him with hav- ing loft for the purpose of evading the com- mittee! Did you tell the truth? A.~I did not say. that. s Q. —Did you charge bim in that article of naviug left for the purpose of evading ji! A.—Nosin Q1IN0 you not say that in substance! A.—1 thiok 1 conveyed that impression. Q.~You wteaded 1o couvey that impres- sion| did you not! A.—I think 0, yes, sir. Q.—Did you not believe that was true ot the tine! A.—l was awarc it was uot true. Q.—Do you expect tiis court to believe timouy vow, Mr. Johnson! A.— subpenaed, is another froposition_entirely: that It for the court to determine. T was working under vers peculinr cirgumatgncgs. 1 was acting under Mr. Rothatker'8 indtructions entirely, and a nowspapergreparter is obliged to do and write exactly what ho is told to write. Q. ~Rogardloss of whother he believes it to be true or not{ , Az Yes, sir. Q.—Do you think that is part of the moral code of newspaver ment - A.—1 think 1t is part of tue business. I don't know whether it is part of the morali code ornot. 1 have had fourteen or fitkgen years expericnce and in that time I have written a great many things which wore Wo¥ true. Q.—-Who is Mr. Gallwell! A.—Ho is a member of the iegislature from Lincolu— Lancaster county, 1 think. . —He was a member of the logislature of A.—Yes, sif” And has been since that! A.—Iam formed. Q—~Was he a_member of the judiciary committee? A.—Yos, sir, Q.—When he made this doclaration that if it wero not for Mr. Rosewater's family he would shoot him as he would a partridge, it was in connection with Mr. Rosewater's chargos? A.—It was not in_consideration of Mr. Rosewater’s wife; it was his own wife. Q.—Wkhen Mr. Caldwell made the remark that if it were not for his own wife he would shoot Mr. Rosewater as he would a partridge, it was following the charge that wr. Rose- water had wade against the judiciary coms mittee! A.—It was immediately following. Mr. Caldwell, of all the committee, was ap. pareatly the most excited and tho most per- turbed He was violently disturbed—like a man who had been grossly insulted or liko a man who had beon very skillfully detected, one of the twoj it was” difficult to determing which, Q.—Very angry? wus raving. A.—Apparently so. He Q—He mado that statement—ho made that statement in your presence! A.—Yes, sir. Q.—And in tho presence_of Mr. Vander- voort! A.—Yes, sir; Mr, Vandervoort was standing there, Q.—And in the prosence of whom elsel, A. Lam under the the impression that Mr. Slater was thero and that Mr. Russell was within hearing, and ns Mr. Russell turned around he shook his finger at him and said, “‘shooh.’ e Court,—Who suid thatt A.—Mr. y: Mr. Vandervoort l{;ml taken no part in that conversation! A.— No, si None whatever? A. 0, 8ir. «Q.—So_that you have no reason for believ- g that Mr. Vandervoort had anything to do with Mr. Caldwell making thav threat? A.— No, sir, Q.—Or that it was from any suggestion of Mr, Vandervoort? A —I have no reason to believe 1t was any suggestion of Mr.*Vander- voort, no sir. I have only a reason to be- lieve that the threat was made by Mr. Cald- well as an outgrowth of the very bitter per- sonal hostility which prevailed against Mr. Rosowater on the part of all these men. Q.—And as an outgrowth of the anger and indignation feltby Mr, Campbell at the time —1i8 not that true?! A.—Well, he acted more o me like a man at bay; like 8 man who was caught and snarled. Q.—Did you know whether he was specifi- cally charged with having received any brives! A.—There -was no specific chargo— my memory serves me a little better in rela- tion to the questions which you asked me a few moments ago. I tnink the purposes of Mr. Roscwater at the time was tnat he was obliged to 2o away and was necessarily ab- sent from thoe legislature, and at the time the committes also, knew that ho was necessarily absent and that he could not be obtained when they were 8o onxious to call him. I think the purpose of it was to secure from him specific charges against some of these gentlemen; that is, that was the ostensible purpose. O course the gentle- men that were urging that Mr. Rosewater be recalled were awarethat Mr. Rosewater would not come back and was ou his way to Cleveland or Cincinnati on important busi- ness, which he had announced for a wesk or ten days prior to that time, and which would cause him large pecuniary loss if he did not got there. R Q.—Did you know that personally or from Mr. Rosewater’s statement?! A.—1 knew 1t personally and at thaktime, and the reason why I knew it was this: I had endeavored to dissuade Mr. Rosewater from proferring these charwes, for tndé feason that I was satsfied that if he would wait, three or four days longer 1 could have had some of these gontlemen in the 'position whore they would have been in_ Lincoln per- manently; but unfortunately he was so influenced by his business consider- ations thav he preferred the charges about two days too early. Q.—You thought something was gowg to happen 1 the next few duys? A.—I am sat- isfied in the next two days I would have had the admission before witnesses of at least one member of the judiciary committee as to the arrangements which had been made for them to get this money which was in the bank in consideration of the killing of the anti-gambling bill, Q.—You say you saw conferences between members of that committee and gamblers? What members of the committee! A.—Mr, Slater and Mr. Caldwell were in conference with a Lancoln gambler whose name 1s Sneedy. 1 think heis now dead. Q.—He is now dead, is het A.—I think so; also a gambler from Omaha by the name of Goodly Brooker., Q.—When did you see Mr. Caldwell and Mr, Slater in conference with Mr, Sheed A.—It was on the night of March 4, I think; March 3 or 4; it was carly in the month of March, N Where was that conference! A,—It v7as ot the corner of the street where the Capitol hotel stood. Q.—Out of doors! A.—It was out of doors, yes, sir. Q.—Just those three men standing there together! A,—No, sir; there was another individual whom I don’t know. 7There were five men all told, Q. ~Let's see—fiye men with Caldwell and Slater! A.—Yes, sir. (3 Did you see Brooker! A.—Yes, sir, Q.—Thav's four. What other man! A.— There was another man. There were five men all told. The way I came 10 8ee them at all was by my roing out of the hotel with a contemplation of going home, and as I vassed by I was surprised to sce these two gentlemen standing there talking with these two men, whom 1 knew to be gamblers. Q.—How long dia_you see them there? ‘A.—Possibly ten or fifteen minutes, I went to walk up the street and turned around and walked back towards them aod walked in that direction (indicating). Q.—You saw them standing there and talk- ing about ten minutes] A.--Yes, sir. Q.—You don't know what they were talk- ing about? A.—No, sir, . —~What time was that? A.—About 2 o'clock in the morning. 3 Q.—On March 4/ A.—T am not positive of the date; it was early i the month. " Q.—Vandervoort had no connection with that that you know of?: A.—Not that I know of. : Q.—You never saw Vanderyoort in confor. ence with any gamblers down there at Lin~ corn! A.—Np, sir; 1 nover did. Q.—You say you saw .. Vandervoort in the room that you designate as the 1 room" twice! A.—Iaufof the impressio) 1y impression is that I have seen hum more than twice; but on two gecasions I remem- ber it particolarly. Q. Vere you in the 1gin on those two oc- ons! A, —I was. ki Q.—~Who else was intheroom? A.—On one oceasion Mr. Gurley and Mr Crawford were there, besides Mr. Vanderyoort and some &gflutlcumu I don’t know, 1 [was introduced o him at the time, buv his name has escaped Wy wemory. 6 i Where is that mefhber from, Colum- A.—I am not sure] I ftnew him there y in Lancoln, o it Q.--1. C. Crawlord, tiby) call him Judge Crawford? A.—I think thatds bis name. kHe is @ small, shght man, with a somewhat promicent Roman nose . somewhat deaf. .—Stands on his to en he speaks Lo “I'hut’s someutfitig 1 don't remem- distinetly. nd Mr, Vaadervoort and Mr, Gurley? . sir. Q.—rhat was on one oceasion? A.—Yes, sir: Q.—Were therg auy mewmbers of the legis- lature in there ou that occasion! A.—1 think that Mr. Garvey was. Q.—How long were you in the room that time! A.—Oh, probebly fifteen or twenty winutes, ; Q. —Was anything arank there during that tae? A.—Yes, | think some whisky. was disposed of, ; Q.—Who ordered it! A.—~1am not positive 85 10 thut—sowe of the gentlemen, K.—Ordered it from the: bartender, A.— Yis, sirs it was served by the bartender, Q. —Aud drank by all present! A.—Yes, o, Q.~Do you remewmber whether Vander- voort drank any! A.—~That's something I can not positively testity to, Q.—You saw him on mnother ocoasion, Who was present on the other occasion? A.—On tho other occasion I_think that Mr. John R. Manchester und Herbeat Leavitt were thore. 1 think there were also in the Foom two or three members of the legsla- ture. There was quite a party in there. Q.—Do you remember what the pames of the members were! A.—I don't remember. Q.—How long were you there at that timo? A.—1 was there probably ten or fifteen minute Q.—Was there anything drank there at the time?! A.—VYos, sir; they were drinking; that is how [ came to go into the room. I was going past and Leavitt called me in. Q.—It was not a member of the legislature? A.—No, Q.—Aside from the drinking you saw nothing improper in thern! A.—I saw nothing improper in those rooms at any time except drinking, and that could hardly be oalled improper at any time at regular hours except on Sunday. Q.—Then, the impropriety not in the drinking, even on Sunday? A.—I am undor tho impression it is in the salo on Sunday, and possibiy 8o in the drinking, Q.—You say it was about these two 0ceasions you saw th —Somewhere along there, Q.—You do not know w fore or after. A,—It was late at night; the customary habit was after the bar shut up for the wombers of tho legislature and per- 8008 who were about the logislature to go to theso rooms, 1f they had the uccessary sesame to go thero, Q.—You say you have seon members of the legislature go to houses of ill fame, A. —Yes, sir; on one or two occasions. Q.—How many members have you soon go there. A.—Ihave seen perhaps six or soven. 70 together, A.—Yes, sir. In a group. A.—I do not think I ever SAW six Or sevon togethor in a group; I was present one night at a time when two went; 1 accomipanied them, Q.—You accompanied them?1 midnight there. on A her it was be- A.—Yes, sir, Q.—You'went to the house with thom.' A. —Yes, sir. ou saw others go, aid you! A.—I Q.—Did those two you went with go from the Capitol Hotel? A.—Yes, sir, Q.—Do you know whether or not these men kad gone from this oil room; did they icave the ofl room in your presonce? No, sir; they did not. © I am not pos to that; I could not say as to whether they had been in the o1l room or not: in all like- lihood they had, because it was after mid- night, and they came down stairs, and I am under the impression that I joined them there and was invited by them to go along. lq,L~—Aml they came down stairs! A, —Yes, sir, Q.—That 18 the reason they came from the oil room? A.—Not necessarily; no, sir. I did not at the time think anything particu- lar about it. They were both somewhat in- toxjcatea, because it was on that occasion that one of them informed me there was in existonce such an arrangement as I have re- ferred to a fow moments ago—an agreement, between the majority of the house: Q.—All through that session of the legis- luture 1t Was 8 matter quite customary, was it not, for members of the legislature to have liquors in their private rooms, and drink occasionallyi A.—As to thav I can not say; I never was inside of anybody's private room. I wish to modify my statement of a fow moment ago on that one point. I stated 1 had never been in any private room; 1 was never in any private room of the hotel ex- cept with Mr. Gurley. 1t came to me after- wards that I had been once in Mr. Gurley's room, which was near the head of the stairs. Upon that occasion there were four or five gentlemen there, and sowmebody orderea drinks from the bar. They were sent up from the bar. Q-—.So these two gentlemen of the legisla- ture came down staizs somewhat intoxicated, and they came from the private room and had been drinking there! A.—Yes; that is possible, Q.-Might have been drinking A.~Yes, sir. 3 Q.—Do you not know anything to indicate that Mr. Vandervoort saw those people about the houses of ill-famet A.—No, sir; I never saw Mr. Vanderxoort in a house of that kind that I know of. Q.—Now, on the other occasion you say you saw other members of the house go there—members of the legislature go to houses of ill-fime? ' A.—Yes, sir, Q.—How muny on the other occasions: was there more than one other occasion? A.—No; I never saw imside of an establish~ ment of that kird in Lincoln but twice, and these were tho two occasions, and both times 1 was accompanied by members, Q.—Both times you were accompanied by members! A.—Yes, sir. Q.--The secoud time aid members of the legislature go from the Capitol hoteli A.— My recollection is that they did. Q.—You went with thom from the Capitol hotel? A.- -Qus, sir, Q.—Mr, Vandervoort was not in their company? A.—No, sir. - Q.—You do not know of uny facts to indi- cate that Mr, Vandervoort sent those men to the houses of 1ll-fame! A.—No, sir, —Mr. Johnson, the purpose of these visits to these houses of ill-fame was the ordinary purpose of visits to such houses, ‘was it not{ A.—That is somothing I would not feel able to testify concerning. 1 know that upon the occasion the gentlemen with whom I went to those houses disappeared and I retired from the establishment. Q.—You naturally expected themto disap- pear after you got 1o the house, didn’t you? A.—That is something whien I could not say Yhat I did; I do not know. Q.—You met no lobbyists that you know of at those houses when you went there with those gentlemen? A,—Yes, sir, 1 have. Q —You say you knew of one instance of a member of the legislature becoming sud- denly flush at Lincoln? A.—Yes, sir, Q.—Who was that member! A.—Well, it you wish me to testify to his name I shall do 80 :I would prefer not to; 1 do not wish to throw any odium upon the man. He was Mr. Tingle, a member from the northwest- ern partof the state. Q.—You say he belonged to the Van Wyck element! A.—Originally he had, yes, or. Q.-~Had you ever seen Mr. Tingle in the oil room? A.--Yes, sir, I have seen Mr. ‘Tingle in the oil room. Q.—Was Mr, Vandervoort present? A.— I canunot say positively as to that. Q.—Did you ever sea Mr. Tinele at any of thoso houses of 1ll- fame! A.—Yoes, sir. Q.—About what time in the session was it that Mr, Tingle told you one day he was out of moneyi A.—I think it was about the 5th or 6th of March, Q.—Was that after the closo gl tho regular session? A.—Yes, sir, Q.—-Were you working for the Republican ot that time! A.—Yes, sir. Q.—How did he come to tell you he was out of money! A.—We were sitticgin a little saloon adjoining the Capitol hotel and & gentleman came in whom he know, and he requested this man to oan him $5, 1 think; it was either $2 or #5. Q.—Tingle requested the other man to loan him thut! A.— sir. And the man said, "I am sorry I cannot sccommodate you now; I will bave some money by and by." Tingle made the response, “Well, I am flat broke: 1 need some monav today.” And [ was cousiderably astounded the following day when he made this display of money. It was in the Capitol hotel. Q.—Who was present | except myself, I think. Q. —How aid he come to make the display? A, —He asked me in 10 the bar to have a Qrink with bim. I went in there with him, and when we got in [ noticed he was consid- erably intoxicated; and he pulled out this money, and made the remark that he was not broke today; and he remembered thein- cident of the day previous. Q.—You kuow nothing about where he got the money! A.—I donot; Ionly know it was very remarkable that he 1ok the ex- traordinary position that he had upon some Questions subsequently, Q—~What questionsi A.—Well, particu- larly upon railroad legislation, and particu- larly upon this question of the increasing of the size of the committee of investigation, I know that he was one of .the most vocifer- ous speakers in favor of jt, it was called an open and sbove board investigation. It was 1o reality a whitewastod investigation, Q.-—-Was he a member of the judiciary com- mittee! A.—No, sir; I think not.a BQ.—-Was the railroad commission bill still pouding at that time?! A.—Yes, sir; it was peuding in a certain way. It hud been sub- stantially defeated, I thiok, at tifat particular time, Q.—He had supported that bill, had he? A.—He bud supported itup to that poiut, and then he switched, y Q.—Up to what point aid he support it? A.—He supported it up o the point where it was proposed to substantiaily emasculate the bill—I ha forgotten—as an amendment which was introduced—and theo | was sur- before? A.~No one else -measure which was pending in t prised at the sndden change Tingle assumed n the debates that fail. Q.—Was that before or after you saw him have the money! A.—That was almost im- mediately aftorwards, Q.—It was in March! A, Q.—~Then you say that was in the amend ment introdiced on the Sth of March that he @ a change of position? A.—I think it 8 i yes, sir; that is my impression, Q.—You know of no facts connocting Mr. Vandervoort with either the impecunious condition of Mr, Tingle! A.—I do not, per- sonally. Q.—You_say you received your instruc- tions from Mr. Hothacker and your inspira- tion from Mr. Vandervoort! A.—I do not think that I used the expression that 1 re ceived my inspiration I think that T said I was fnstructed by Mr. Rothacker 1o go to Mr. Vandervoort for instructions, and then Mr, Vandorvoort told me what to write and what I was to do; that's what he told me. Q.—Do you moan to say you recoived your instructions from Mr. Rothacker and your inspiration from Vande A.—1 mean 10 suy that I acted und Vandervoort's instructions in consequence of 1y instrue tions from Mr, Rothacker. Q.—Mr. Johnson, did you mnot apply for employment ou the Republicant A.—No, sir, 1did not. Q.—Did you not say to Mr. Rothacker that you desired employment on the Republican, and that you had been discharged from Tie BEE on account of rofusing to do certain dirty work wanted of you by Mr. Rosewater? A.—1 do not think I made that statement to Mr. Rothacker; I think I told Mr. ater— that Mr. Slater asked me why 1 had left Tne B think [ conveyed that informa- tion to Mr. Slater, and I think Mr. Slator at that timo told me that 1 would be taken caro of; thero would not be any trouble about that; Itold him that T was all right anyway, and I didn’t worry about it at all, Q.—That is the same Mr. Slater you have spoken of who was a member of the judi- clary committee. A.—Yes, sir, Q.—You say you didn’t make that state. ment to Mr, Rothacker? A.—No, sir, Idon't rememver having made that statement to Mr. Rothacker; I think Mr. Slater and sub, sequently Mr, Vandervoott assured me of their good wishes toward me upon my retire- mebt from Tne Beg and in reply to the questions that these gentlemen asked me—if 1 had a disagreement with Rosewater—I did not use the expression *‘dirty work;" I used the expression ‘“‘certain work’ which Mr. Rosewater wanted me_to_do, and that was the reason why I retired; immediately upon my retirement from the employment of I'ne Bee and Mr, Rosewuter I noticed that I was received with a great deal more friendliness by a large number of gentlemen who, previ ous to that time, had been extremely solicit- ous to keep out of my way. Q.—In other words, you were received with more cordiality by the anti-Rosewater and the anti-Van Wyck clement! A.—I was received with a great deal of cordiality by the lobby element who were hanging around the legislature maxing their living out of the legislatured, Q.—Who were thoso men that received you with great cordmlity after that? A,— Mr, Gurley was very pleasaat to me; Mr, Vandervoort was also very pleasant, and Mr. Vandervoort assured me that I wou'd be taken care of, or something to that effect; Mr, Morrissey, who was down there a great deal of the time— Q.—He was down there as n newspaper man, was he not? A.—I do rot remember whether he was representing & uewspaper or not. Q.—Wasn't he connected at that time with the Horald! A.—I do not know, but he at the same time was extremely active in the lobby—that is, in endeavoring to interest the legislature in accordance with the views of Mr. Rothacker; I know that he aud Mr. Rothacker were in very close communion. Q.—There were lobbyists on both sides of those questions there, were there not, during the session of the legislature! A.—I was extremely surprised by the fact that the railroad bill people, that is, those who were favoring the proposed legislation—railroad legislation—Jid not have any lobby. I thought it was poor politics not. to have a lobby. Q.—There were men there working m the interest of that bill aside from the members of the legisluture! A.—There were a few men who seemed to be working 1 the in- terest of the bill, but thore were a horde of men working in opoosition to 1t, who were constantly button-holing the members of the legislature ana_controlling it. They had the thing systematized and every man had his man to look after, ana the result was that a man vhat desired the passage of this bill was unable to do anything in a parsona) way. Q.—There was a lobby therein the interest of the bill? A.—T was not aware of the ex- istence of a iobby there. Q.—There were gentlemen thero using their influence and position upon the mem- bers of the legislature upon the merits of the bill, were there not! A.—I do not remember of a single ingividual outside of one, and my memory 18 very hazy about him. Q.—Wasn't Mr. Rosewater there using his arguments with members of the legislature in the interest of the bill? A.—AsI under- stood it, Mr. Rosewater considered himself the formuiator of the measure to a certain extent; that is, it was in the line of policy which he had been advocating for years in its behalf, Q.—He was there then advocating it? A.— Tapprehend so: 1 never saw him talking par- ticularly with members, Q.—He haa a perfoct right to advocate the billt A.—Yes, sir, Q.—And_other members had a_right to arguo against it? A.—Yes, sir. That is a matier for you to determine, not for me to say, Q.—You have spoken of a certain fund 1n Yeos, sir. y the bank in Lincoln: what bank was it? A, —Ithink it was in the Lincoln National bank, if my memory scrves me. Q.~Raised by wamblers of Omaha, Bea- trico and Lincoln and one western town? A. —What is the name of the city where thare was a basebail organization—Hastings, that was the place. g Q.—Lincoln, Omaha, Beatrico and Hast- ings? A,—I think those were the wwns; —Do you know that there was any such fund in existence? A.—I was informed so by one of the gentlemen who claimed he had contributed to it, and I was told were it was, Q.—Was that gentleman a gambler? A.— He was. Q.—Was that fund raised for the purpose ot defeating the bill or for the purpose of as- sisting in its passage! A.—The fund was raised for the purposc of socuring and igeon-holing the bill in the committee on fimlclur.v until it was 0o late to act upon it. Q.—In other words, it was raised for the purpose of defeating the billl A.—Yes, sir. Q.—Do you know what Mr. Vandervoort's sentiments were upon the question of the bill{ A.—No, sir. . —Didn't you know Mr. Vandervoort was in favor of the passago of the bill? A.—1 dido’t know that: no, sir. T know that one of the gentlemen with whom he was friendly, and with whom he was working on most of the logislation, was oxtremoly friendly toward the arrangement about this anti- gambling bill, 80 that it would assist them. It was to be used as a club ip one instance, and as an inducement in another, Q.—Do you kunow wnetner or not Mr, Rosewater was favorable or uniavorable to the passage of the bill? A.—I think Mr, Rosowater was favorable to the passage of the bill. Q.—That is your recollection? A.—In fact, T way state that it was; at least, he 80 ex- pressed himself to me. Q.-~The railroad bill you havespoken of was ultimately defeated, was it not! A.—I think that one bill was passed by the house and another bill was passed by the senate, and then they failed to agree in conterence upon it, and 'wubscquently the interstate com- merce bill 1 think was enacted in place, and the state—that is my impression—I am not positive as to that, however, Q.—Thers was a bill finally passed, how- ever, on the subject of railroads, ‘at tuat session! A.—Yes, sir, Q.—It was a bill that is apon the statute books today, isit not! A.—~I think it is; my recollection 1t is that is the oue signed by the governor. Q.—That bill was favored by Mr. Vander- voort, wasn't it! A.—I think not; no, sir. I am not surc astothat, but I don't think Mr. Vandervoort favored any railroad legis- lation of any character whatever; in fact [ kuow he was very strongly oppused to the ho hiouso, Q--You say you think Mr. Vandervoor wis opposed Lo the bill that finally became a lawt 1 am mnot sure; I don't think he favored it: I don't think he fayored any rail- road legislation that was not in accordance with his general statements and sentiments. By Mr. Gavoon: Q.—I want you to more Rurll\;ularly describe those oil rooms; Mr, Vundervoort hos talked a great deal about members' private rooms; what was there to these oil rooms Lo sugeest to you that they were private! A.—The fact is that it was impossible for any of the wmembers, unless they were introduced by one of the men who had access to those rooms, to got into themy thay were in. one sense public bar rooms, and at tho same time they were not publio bar rooms except to & certain coterie of mem, and thut coterie of men I found from my ultimate opportunities for observation, dure ing the last month of the legislature, to be in oll instances the gentiemen who wero lobbying there agninst tho railroad legisla- tion, and also lobbying against the other measures which were favorod by a natural majority of the legislature, Q.—I'wish to ask you whether or not it is not A fact that Mr. Manchester, Mr. Curley, Mr. Vandervoort, Mr. Crawford, Mr. Slater and er Russell all seemed to run togetheri A.—Yos, sir, Q.~Thera were no bods in _theso roomst 1 never saw a hed in one of them. Q.—Did they look like the anto-chamber of A member's private department? A.—No, B they did not atall: they had no re- semblance to that; they wera simply drink 10g places whern parties could go together and drink privately without being exposod to tho public gazo, Q —Ind you know at any time that Mr. Gurley was employed by the railroads down there! A.—1 was informed that. Q.—Did you know that Mr. a claim agent of the Union vl A.—Yes, sir ¢ Q.—Mr, Slater, a member of the Judiciary, suggested to you that you would ~be taken caro of 1 A.-Yes, sir. 1 know Mr, Slator obtained for me a pass over the Burlington & Missouri railroad from iincoln to Omab at the same time ho remarked that if [ had remained with Tne Bee I would not have gotten that pass until hell frozo over, Q.—Mr. Crawford was one of those men wasn’t ho! A,—Yes, sir. Q.—Do you remember having ‘“smiled" with Mr. Crawford in one of these oil rooms | A.—Yes, sir; 1 drank with Mr. Crawford a great number of times, Q.—Do you remember a particular time in which Lo talked of your connection with Tur Bee in which he said anything about your beine ablo to obtain a drink there if you had been conuected with it? A.--I do not think he said anything about me veing able to obtain w.drink; but I think he made the remark very shortly after this quictus had occurred: I think he said to me, “'so you have left Rosowater, have vou?!” I snys'‘yes. He s, “You are sure of that,” and looked at mo in o somewhat suspicious way. 1 en- deavored to assure him of the fact, and he said, *'I do not know; it kind of seems to me thero is a little of the taiut about you yet," and he said, “If I thought,there was a bit I would not drink with you." Q.—Have you read tho testimony taken Manchester Pacific rail- before the commission; have you read or looked over that testimony taken before the committee appointed to investigate! A.—I read in this moraing's Bek an excerpt of the testunony, which is the same, if my memory serves me, that Mr. Rosewater read on tho stand yesterday. Q.—Is that the same Crawford that was curing passes for members? A.—Yes, . —Working for the welfare of Nebraska A.—Yes, sir; that is, in accordance with his ideas of the welfare of Nebraska. I goner- ally had the impression, however, that mr. Crawford was working for the welfare of Mr. Crawford in most instances, Q —Have you read of those who, if any, dispensed money to those lobbyists down theret Objected to as srrelevant, inmaterial and incompetent: oojection sustained. Q.—In those oil roows, then, Mr. Johnson, yOu say younever saw any money exc anged for the drinks? A.—I do not remember ever having seen any money paid. Q.—Any person who had the entree thern could %o in and get what liquor he wanted ! A.—That was my understanding of it, yes, sir. Q.—~You never paid any there? A.—No, sir; | never called for any drinks there; I never went there except on invitation' of somebody. Q.—Do you recollect of any gambles coming to Omaha at that time, Mr. Jjohusor A.—I think that at the time when Mr. Charles Greene, whom 1 understood bad been retained by the gamblers to act as the ntermediate between them and the judiciary committee, tinally made an arrangement that there shouid be a meeting here in Omaha between certain members of the judiciary committee and these boss gamblers, And I know upon that occasion thut two members of the judiciary and three of these gamblers came here to Omaha at the same time; that was upon the same train, « tate if you came up on the same traiut A.—I came up on the same train ana that is the occasionon which I asked for the pass from Mr. Slater and when he made this, remark to me. Q.—So two members of the judiciary com- mittee and three gamblers caaie on the same train to Omaha. A.—Yes, sir, Q.— They probably came together? A.— They did not, no, sir; thev were extremely anxious not 1o appear to be together. Q.—Did you see them after they came to Omahat A.--No, sir. They came to Omaha }:ulmlhuy did not register at any of the otels. Q.—Was Mr. Greene on the trainf could not say. Q.—You ascertained before they went to the train that they were going to Omabat A.—I had been informed by one of the gamblers that an arrangement had been mado whereby certain members of the judiciary committee and the eamblers were to meet in Omaha and a final disposition of the bill was to be made, Q.—You saw the gamblers and these mem- bers of the juaiciary committee come on the same train coming to Omaha, A,—Yes, sir. Q.—Do you know that they did come to Omahat "A.—I saw one of the members of the judiciary committee get off the train, be- causo I walied up town with him a portion of the way. Q.—You say they did not register at any of the hotels! A.—No, By Mr. Mahoney b was that! A.—Mr. Charles Greene, Q. What Charles Greeno! A.—Heis an attorney of this city; I only know him by that name, Q.—Of the B. & M.t A.—I think thatis the gentleman. Q.—You say you saw two members of tha judiciary committee come to Omahs, and tiat was after yoy had left your employment with Tre Bee? A.—That was along late in the—well, I do not know whether it was late or not; it was some time in March ; about the middie of Marct. Q,—Was that before or after the proposed investization of the judiciary committee? A.—That was previous, I think. Q.—What two members of the judiciary committee came to Omaha on that trip! A,— Mr, Slater and Mr. Russell. Q.—Did you see both of them in Omahat A.—I suw both of them on the train when they were nearing Omaba;: I did not see Mr, Russell after wo reached the city. Q.—Did you see Mr, Slater atter reaching Omahn! A.—Yos, sir; I walked up & por- tion of the way with him, Q.—What gamblers came to Omaha on that traint A, —Mr. Sieedy, Brooker and a man _from Hastings whose name I beliovo was Crawley or Crowley—something like that; he was a ratoer sma!l man, Q.—You came on the trip for the purpose of secing what was goiug on between those mombers and the gamblersi A.—No, 8ir; oot particularly; I wauted to make a trip to Omaha, Q.—Duriog that time you were keeping Mr. Rosewater posted as to what you learned during this time! A.—Well, I oeccasionally notitied Mr. Rosewater 88 1o what I hud been seeing, Q.—You know of no connection of Mr, Vandervoort's with that trip to Omahs, do yout A.—No, sil A—L ‘What Mr. Greene Governor Porter's Testimony. Mr, James R. Porter was called aud sworn and roved & most excellent witness, He was absolutely certain of the ,facts he had Lo offer and presented them in such @ wan- ner that the prosecution did not seem dis posed to cross-examine him very oclosely. He testified that he bad veen in Nebraska thirty-four years, and 18 now o geeral mer- chant in Dundy county; lived in Owmaba eight years ago, at which time he was, en- gaged in the brewery business; knew kd- ward Rosowater and PaulV andervoort, Do you remember a certain card baving been published in the Republican by a colored man here! A—VYes, sir. I do net kuow much about it, and I dia not mu attention to it. AN ioh, Q.10 you remember of the time of the assault uoon Mr. Rosewater!, A.—Yes, sir. Q.—You may state whether or nov before that assault {ou were in Mr. Vandervoort's oficet A was. f Q..~Who was present! A.—Wall, that is not yery distinct to me just now; but I think Mr. Vandervoort, George L. Sieboldt, ! think—that is my recollection--and & gentle wan from out pear Asnland, whose oame / / — ~ N 5 Pl

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