Omaha Daily Bee Newspaper, January 24, 1890, Page 5

VANDERVOORT ON THESTAND, Ho Admits That he was a Railroad Lobbyist. HE REPRESENTED MR, THURSTON He Gpposed Restriotive Rallway Legisiation and was a Friend's Eriend in the Dodlin Gran- ite Deal, Vandervoort Under Fire. The alleged libel case against Mr, water was concluded in police court yesterday morning by Mr. Gannon’s oross-examination ot Vandervoory, the complaining witness, who gave his directitestimony Wednesday afternoon. The attendance Wwas unusu. ally large. Among tho spectators was Dr. Slominski, who cast sympathizing glances at the portly Paul while his evidence was being dissected by Mr. Gannon, Vandervoort stated that he came here in Fevruary, 1877, as chief of the railway mail Rervice, at ouce entercd actively iato politics, and was here ut the timeof Curry’s as- sault on Mr. Rosewater; never had any acquaintance with Mr. ' Rosewater; his enmity for the defendant grow out of the Hiteheock senatorial fight. XN Did you use your influence and position in behalf of Senator Hitchcock!” asked Mr. Gannon. 3 %I used my influence,” replied Vander- voort. Did you use your position?” don't think so. Idon’t think Idid.” “Did you not have authority to remove mall clerks and appoint substitutes " “Onty for good official reasons. I never used wy influence or my position to coerce any employe of the railway mail service.” On the testimony offered by Mr. Porter, Vandervoort was very uncertain. He could not remember ever having talked anout the Curry card with Porter. He would not say that he had not done 8o, but he could not recall it. There was a rumor that Curry was going to assault Rosewater, but he paid no attention toit, He never met Curry but twice and never tried to influence him one way or the other. He did not know that im- mediately after the assault charges wero made that ho had inciu urry to the deed, pt what ho read in Tne Bie. n't Mr. Andrew Rosewater publish a card in Tue Bee charging you with having incited the assault!” asked Mr. nnon. Vandervoort's memory failed him agal and replied that he couldn’t recall the pub! cation of such a card. He further failed to remember any conversation with Dahlstrom and denied that he chuckled with glee at the result of Curry’s deed. *Did you ever attemp! to assault Mr. Rose- ‘water?’ asked Mr. Gannon. I took hold of him, one time, in the Pax- ton hotel,” said Vandevoort, *‘but did notas- sault him.” “Didn’'t some one interfere and pull you away from Mr. Rosewater?” ‘0, ves, some of his henchmen run in, he always has them around him." - 'Who were they " “Don’t remeniber,” “Were Ben Wood and Al Patrick the men?" *Don’t remember." ‘Vandervoort further stated that the grand ury that investigated the Curry assault was composed of anti-Hitchcock men. He ad. mitted, however, that three or four of them were democrats and that at least two of them were Hitchcock republicans. He also tried to claiw that Mr. Rosewater was mnot seri- ously injured, but was reported to be editing his paper when the investigation was oing. on. E?: took this insinuation back, however, ~=m=—"5y NiPadmission that he implicitly believed Dr. Coffman, who had testified to Mr. Rose- ‘waler's dangerous illness, resulting from the Curry assault, during the investigation. “Didn’t St. John Goodrich, & member of the graud jury, chargoyou in the Herald, over his own signature, with having lied to the grand jury and stated that he would not believe you under oath "’ asked Mr. Garnon. Vandervoort’s memory became capricious again. He couldn’t exactly recall the card, bat believed there was something of that kind published. Mr, Gannon then went after Vander- voort railroad connection. Vandervoort testified that he was employed 1n 1585 by the Union Pacific and the Central Pacific 1v se- curing the location of the Grand Army of the Republic national encampment at San Francisco and afterwards in securing passengers for those goods to the encamp ment. At the legislature in 1887 he was em- oyed by Thurston to represent the Union ific's interest at the legislature. id you get pay!" asked Mr. Gannon, “Yon." “Who paid you?” “The Union Pacific—-I mean Mr. Thurs- ton.” “How much " After some argument Vandervoort re- plied: “About $200 a month and expenses.” “*How were you paidi” y a check from Mr. Thurston,” ‘Vandervoort further admitted that ho fur- nished passes to members of tho legislature or heir friends and acted as Mr. ‘Thurston’s represeutative during that gentleman’s absence from Lincoln, He did not think that such “grangers” as “Cal" Russell would be influenced by receiving railroad passes. Vandervoort sad that he nad seen liquor dispensed without pay in members’ rooms but had not seen them dis pensed in public rooms without pay. He ‘was favor of taking the charter bill from the hauds of the committee on cities and towns and referring it to the judiciary com- mittee where he'worked to have certain amendments made. He opposed the charter by talking with members und using his iv- fluence with them, in the lobby and ut the hotels, He opposed the maximum rate clause of the railway bill and secured its elimination from the vill. He was opposed to the park clause becanse, he said, it was inserted 1o please certain parties who haa park sites for sale. ‘Then Paul confessed to his interest in tho Dodlin granite business. He was bersonally soquainted with General Baogs, the ow of the Dodlin quarries, and while in Wasl ington aided in securing the adoption of Dod- hin_grapite for the congressional library buildivg. He helped General Baugs to in- troduce the Dodlin granite here by getting wpecimens of it before the architects and the council committee on public property and sy bject of granite he posed us e su of grani 49 A ex- rn. and offered an opinion thav the material n Tue Bee ana New York Life buildings is nol granite at all. He did not know much about the stone in Tur Bes buildiog; never saw anything like it: supposed that Mr. Rosowater secured it from some mysterious apurce as he couldn’t unagine where it came rom. Vundervoort's testimony completed the case and un adjournment was taken uutil next Tuesday morning, when the arguments will be offered. Mr. Russell's Testimony. Following is tho testimony 1 full of H. C. Tussell, called in rebuttal, wnd examined by Mr. Morarity: S.--wun is your name! A.—H. C. Rus- sell, + ,—Where do you live, Mr. Russell! A,— Schuyler, Neb. Q.--State if you were a member of legisla- ture of this state for 1887t A.—1 was a mem Ler of the legisluture, Q.—State whether you held a ition on auy of the committees during that legisla- ture! A.—1 was chairman of the judiciary comuitiea—a member of the comwittee—a member of the committen on privileges and elections and labor, I believe. . Q.~You wero chairman of what commit tee! A.—Judiciary committee. Q—Of how muny members did the commit- tee consisti A.—Niue, Q.—You may nawe,\f you will, some of the other members of that committee. A, —There waf Mr. Calawell, Mr, Agee, Mr. McConaby, Mr, Bowman of Platte county, aud Mr. Sul- livan of Piatie and Mr. Slater, Mr. Smythe of this 1?1-01 and myself. Q. ~That is all you remember is it—those arothe ol that committee! A.—Yes, sir, Q.—You state whethel during that session of the legsl; ‘was referred Lo the committee of which vou were chwrman, a bill which wus then kuown or shortly afterwards became kuown as the sawbling bill. A.—Yes. sir, Q.—You state whether or unot your committee mude any recommendution us o the gumbling bl "A.—~We did. Q.—What was tuati A —Reported bLuck uMmes you can now recollect of 1 know. any time THE OMAHA DAILY BEE: FRIDAY, JANUARY 24 with the récommondation that it do pass—six in favor and three against it. -Do you remember what your position was on that bill! A.—I do sir. Q.--State to the court what it was, A.—I was decidedly in favor of its passage all the time and bad been warned beforehand that Mr.Rosewater was opposed to it by Mr, John- #on, who was formerly in the employ of Mr, Rosewate Q.—Do you know personally what the posi tion of Mr. Slater was as_to that bill! A~ My recollection is that for a short time he was in favor of it. The horsemen on fairmen of the state were somewhat exercised about it for a-while; that 1t would interfere with— Idon't know what thoy call it—pooling or horse-racing, I believe, and after we satisfie Mr. Slater that there was nothing in that, he was in favor of it~ That 18 my recollection. Q.—Now, Mr. Russell, you say that com. mittee reported favorably to the passage of the bill! A —Yes, sir, Q.—State whother that was an unanimous roport or otherwiso. A.—There was no mi- nority report; no, sir. I am taiking about the inside of the committee. When we voted six were in favor and three against, but the three made no minority report. You may state whether you \were ono of the threo that opposed it A.—I was not, sir. [ wasin favor of it all the time. sultation with a member of the senate had introduced it and he understood it actly. Q.—State whother Mr. Slater was one of the six that favored it! A.—My recollection is that he was. Q.—Did you become connected with a man down there at Linceln during the session of the legislature known as Sheedy, a gambler? A.~1 never knew him in my life; I never knew a gambler 1in the state of Nevraska knowingly; 1 never spoke 1o one knowingly ; never was in a gambling saloon or place. Q.—Did you during that session of the legislature have any acquaintance or become personally acquainted with a gambler from Omaba here by the name of Brooker! A1 know that I never heard of such a man until my friend said Irode up on the train with ‘him. 1 may have known him—I rode up with him once. Q.—You may state whether, together with Mr. Slater or any other member or members of the judiciary committee, ever heid confer- ences with this man Sheedy, or Brooker, or both together, or any other gamolers, there during the session of the legislature! A.—I never dia; ever knew there were such men except reading of it afterwards in the newspapers, 1 bave never seen them in my life, knowingly. Q.—State whether you in company with Mr. Slater ever at any time during that ses- sion of the legislature visited the city of Omaha with a view to meeting and holding conferences with sowmo gawmblers hore! A.— Inever did, no sir. I never ieard of such a tuing, never. Q.—Did you in conjunction with him, or by yourself, ever hold conferences with a body of gamblers down there at Lancoln during 5[131. session of the legislature! A —i never id, s Q.—Did you know anythiag about a_fund that was raised during that session of the leaislature known and referred to as the ambling funa?” A.--No sir. 1say what I did know—I read a letter from here statinQ that Mr. Rosewater had undertaken fora certam sum of money—but I was warned to look out for him. Q.—You spoke a moment sinceof a man by the name of Johnson. Do you remember his first name, A.—No, sir. Q.—Was 1t Sumner Johnson? A.—I have heard since it was. .—How long did you know that man Mr. Johnsont A.—I don’t remember whether e began reporting there in the early por- tion of the scssion, but 1 soon became ac- ‘quainted with him, Q.—Do you know what business hie was in at that timet A.—He was reporter for Tne Bee when he first came there, Q.—Do you remember how long ho con- tinued to be reporter for Tue Brei A.—I don't know exactly. Q.—Did it continue during the entire ses- sfon of the legislaturo? A.—No, sir. Q.—About what time did his_connection with Tur Bee terminate! A.—Well, it was some time during—my recollection now is during what was kuown as the charter fight. I boarded right across the streot from the capitol. I always wentthere early. Three or four members got there before I did, but I was there by at least a little after 8 every moroing. I went }in one morning, and there sat Mr. Johnson with his chin aown on his bosom, He lopked melancholy d it atiracted my altention. I says, What's the matter, Johnsou?” He says, “That d—n little s-nof a b-—h has turned me off.” He crooked himself down. I says, “‘What's the matter?’ *Well,” be said, “he wanted e to be & spy and a sneak here and I told him I would not do it.” “Well," says 1, “that's too bad.” I says, “I would not care about that.” But he says—he kent making about the motions I am wmaking (in- dicating), “I mm here with my wife and nothing to keep mysell with, and if it was not for that,” he says, '‘L. would not care,” I says, “Thats too bad.” He struck v ' sympathy at once. I says, 'What ~ did he want you to il Well,” he said, "he wanted me to be & spy and a sneak around here among the mem- bera, and I told him I would not do it. The result wus that he turnea we off."” Q.—Do you know to whom he referred when he used the characterization you a mo- ment ago repeated? A.—Mr. Rosewgter. Then T says to him, ‘“Well, care nothing av all about it."” Isaye, *I heard Taylor, 1 think, the other day say that he wanted a mad on the Republican.” I says, ‘I will see him.” When the boys came in that morning 1 began to mention it, He had struck my sympatby and I at once began to vefriend him. The result was that he was employed a few days later on the Republican. Q.—And on what paper did he continuo during that time or during the remainder of the session of the legislature! A.—He con- tinued that entire—he was discharged from the Ropublican before the session adjourned ; 1 don’t know when. Q.—You may state whether or not you avere personally acquaintea with Mr. Pgul Vandervoort. A.—1 wis, Q.—And how tong prior thereto had you been personally acquainted with him! A.— I nave lived here thirteen years, I think I g0t acquaimtea with Mr.” Vandervoort the year after I came here; that would be tweive yeurs ago. Q.—Are you scquainted with the general reputation which he bears for uprightneas 8od for being 8 worthy and law-abiding citi- zen in the community where he lives! A.— Yes, sir. Q/—You may stute_whethor that is good or bad, A—It is good. By Mr. Gannon: What is that answer? A.—Tt is good. By, Mr. Monarity: Now, Mr. Russell, you may state whether you know personally the position held by Mr. Vandervoort as to the gambling bill? ~ A.—I do. Q.—Do you know whether he was i favor or opj to itt A.—He was n favor of it. By Mr. Ganvon: I don't see what this is rebuttal to, or whatit has got to do with this cuso, Ihave no objections to make; I am merely calling the court’s attention'to it. ‘There is no testimony here connecting him with the gambling vill in avy way, shape or mavner, By Mr. Moriarty: Mr. Russell did you know of the existence of the rooms during the legisluture known as the “oil rooms{” A.—No sir. Q.—Did you kuow of the oxistenceof a room there which subsequent to that session of the legislature, becamo knowan, in public politics, as the *oil voom?" A.- No, sir I only kuow Mr, Rosewater set up such an idea to kick at. I never heard of sucha thing. He was just setting up a man of SLFAW 0 8ay S0mMELhing 1o or about. Q.—Did you know of the existence of a room in one of the capitol buildings any- whoere--the capitol building itself —that was desiguated during the session or subsequently thereto, as the “oil room?" A.—No, sir; | don't know anything about it. Our judicisry room was in the capitol; I dou’t know what he calied thut; he did not think much of it. ,—State whetlier during the session of the legislature in 1857 you observed Mr. Vandervoort personally about the house of representatives there! A, —No, siry I never saw him there but—1 don't think more than twice; I mean in the cavitol building. Q.—Do you rememoer that during the ses- 0||:m of the l:’zdhmnn ::ur mhr: some char prefer: agaivst the judici com- mn.u':‘or certain mewbers of it by ur’v Rose- water! A —Ido: yes, sir. Q.—~You state to the court yourcon- nection with billt A.—1 was chuirman ef the committee It was referred to our committee and wo knew that there was some —1 had been told that there was an effort—I had u letter from a party of this town stat- lug that he was prepared to prove that Mr. Rosewater was employed (o defeat that gamblers' ill. On Friday, I think it was at one of our committee meetings, we had the bill under consideradion and It was under- #100d how the com iy Q.—How did the committes stand at that time! A.—Six in favor of voting the recom- mendation that it pass and three against it. Q.—State wh it that time was the posi- tion of yourself and Mr. Slater on that gam- bling billl A.—I was w_favor of it, and my recollection is that Mr. Slater was in favor of it at that time. We had then decided to report it back, aithough it was not so ordered to roport it back: but it was under- stood that it would be reported back Mon day or Tuesday. Q.—State with what sott of a recommen- dation; A.—With the recommendation that it pass. Monday morning the roll was called, and immediately the speaker brought down the gavel and declared the house in session he brougnht from his desk a com- munication which was there from Mr. Rose- water, making the statement that he had been informed, etc., and wound up charging tho committee generally with corruption to the house. Q.—What committee? A —The judiciary committes and the houss in generai on the charter bill, and wound up by saying that he was prepared to substantiate these charges beforo any committeo that the house might appoint. = That Mr. Johnson told me was done to anticipate our favorable report to the house. Q.—~What Johnson! A.—Sumaer Johnson, ).—In whose employ was he at that time! A.—He was at that time in the Republican’s employ. Q.—Just proceed with the evidence. A.— He said that Mr. Rosewater had scon that he had been, baiked and he wanted to get the charres in bofore we made our report; it was an unheoard-of thing and out of uli par- linmentary rules that the speaker should present such charges; it should have been done by a member of the house; but the speaker did so. It was in anticipation of that that we immediately reported that bill back the day we got his charges into us, Q.—What was done with the charges then preferred! A.--They were referred to the committes appointed of seven, of Which Mr. Rosewater was accused of seiccting, They wera his lackies with the exception of two. That's what I wished to expinin. Mr, Rose~ water bad no friends in the house of the leg- 1slature; thore was not u man in tho house that had the slightest respect for him. Ho had some twenty-seven men that wore afrail of him, but I don’t think thers was a mem- ber of that house but what has told me over and over again that they had not the slight- est respect for Mr. Iosewator's personal character, Q.—Just state what was done after the ap- pointment of that committee. A.—The com- mittee was appointed, Mr. Dempster was chairman of it. I had stated in the house thit we were prepared for investigation fully anda completely, but 1 had overlooke that there was anything in the resolution d claring that the committee should be held with closed doors in secrot until after we had adjoucned. Then I went to Dempster and told him that I did not want anything but honorable treatment, I wanted to be present, I Gid not wish that committe to meet wheh persons’ reputation were at stake with Mr. Rusewater there, priv 1 says, *you know he has no regard for ti character of his fellowmen.” He says, ‘it shall not be.” Then we discoveraed by tha time that it was to be secret and | then called the committe together and wa had a meeting in our committes room, @& regular meeting. I invited Mr. Johnston to be present and we discussed the matter of what we should do the next day. We Knew we had a villifier to contend with and it was necessary for us to be ou our guard. He nad started out to blacken our characters if he could, and we did consult in the matter. Mr. Johnson and Mr. Braa Slaughter were present. and we decided then and there among ourselves, without any consultation with any other member, or any person whatover, that we should insist upon it being an open Investiga- tion, having everybody in, and anybody that had 'any charges against us we were prepared to meet them. Mr. Rosewater said he was prepared to substautiate them before any committee the housa might appoint. Q.—Did the house take any action? A.— Yes, sir; in the morning [ prepared a resolu- tion myself amending the other resolution— I prepared two resolutions, I knew that Mr. Rosewater had no charges, and I prepared one instructing the sergeant-at-urms to take charge of him and keep him under his con- trol until he was discharged by the house. That I neglected during the excitement to introduce: but I did tntroduce the other. ‘Che result was that—well, [ have got ah of my story. Mr. Rosewater said befocc that he was not there when the charge was made, that he was not 1 the city—in his testimony. 1, the nexy, morning, looked over the houso and discovered that this committee was out of the room. I went to the committee room door and I could see through the glass door, and through the glass I could sce Mr. Rose- water’s face. I knocked at the door and Mr. Dempster came to the door. I says, *‘Mr, Dempster, this is not_what you agreed.” 1 said, *You said that we should be prosent.” He said, “*We are taking nd testimony: you are to be present.” Isavs, “'Idon't think ivs fair for Mr. Rosewater to be in there with that committee and us not there.” - He says, “We will take no testimony.” I then went back into the house and got the rest of the judiciary committee and came back to the committee room door aud knocked again. Mr. Dempster immediately camo again and neld, his arms around the door and did not appear willing to let us in. I then went back into the house immediately and called the at- tention of the speaker aud the speaker or- dered the sergeant-at-arms to call oy the committeo and he did 8o and they camé over and then was when this question of amend- ing this order for the investigation came up, aud it was 8o ordered that the commitiee and Mr, Peters and Mr. Pemberton were added wo the committee, leaving as wo con- sidered four who might possibly be fair and five who were Mr., Rosewater's particular friends or particular men. Q.—Then after that committee was thus appointed and it was ordered that the pro- ceedings be heid with oven doors,what action was taken by the committee? Then Mr, Dempster anuounced just as the house had adjourned that the committes would meet-at 2 o'clock, or fixea the hour, I think he said 2 o'clock, Q —State whether at that time Mr, Rose- water was to your personal knowledge in the city of Lincoln! ~A.—Yes sir; 1thiok ho was present in the hearing of Mr. Damp- ster's voice, bacause when we came back in the afternoon the question arose. Mr, Demystor called the commictes and some one said that Mr. Rosewater had wone, and the question was asked Mr, Dempster if he had been suvpoonaed and b id he was not sub- poenied, “but I told him myself in person that the committee would meet at 2 o'clock or immediately afterwards.” And then some ove—I don’t. kuow whether it was the SErKEANL-Or-Arms Or Noty-but some one said, *‘L was at the train when he got on the truin,”” and then Mr. Dewmpster said again he had personally motified him the committee woula meet at 2 o'clock. Q—Did sir. Q.—Were you present al the meeting? A went in—Mr. Rosewater was not there. . —Can you state to the court what action was taken by the committoe! A.—I think thoy adjourned then, for the purpose of get- ting Mr. Rosewater before them, -~ Tho next day we came up fiere to Omaha to the Grana Army meeting. I kuow Mr. Rosewator suvs that he did not have tho time. That wus on Tuesday, and my understanding now is that he did not leave the city of Omaha until the E'riday after. Mr. Dempster says that he bad seen him in Omaha afterwards and had tatked with him. Q.—Now, you may state whother you koew, prior Lo the day on which this com mittee—this investigating committee—held 1ts first session, thut Mr. Rosewater bad pre- viously announced his inteation to leave the city and be absent for some time. Q.—Oh, 803 I never beard of it: T kaew that he did not have anythiug to tell the committee un~ loss he could snovel it in by the scoop-fuil, and I knew ne coulc not offer it llnlfht. Q.—Have you any personal knowledge of Mr. Vandervoort, plaintiff here, having in any way during that session of the leg?-l-- ture attempred to improperly influence oy member in the matter of legslationt A.— No sir; I bave never heard of it. Q.—Do you know of anybody else attempt- g to doso! A.—Ihave heard that it was undertaken, ?,—an o par personal knowledgo 0|lr 11 A.—~Well, I was told positively; yes, sir. tho ocoramittoe meet! A.—Yes Q.—But you did not know personaliy of it! A.—No, sir. By Mr. Gaono Whatt By Mr. Moriarty: He said that he had heard of some perso undertakiog to improperly iufluence legislation. A.+You upbmr 1o bo trying more than one persou. —Do you remember whether or ot there was @ bill known as the Omaba char- ter bill before the legislature thent A.—I have a slight recollection of it, yos, sir. ‘Tuat was the whole trouble. Q —Slate whether you personally kuow. the position as to thAt’ bill of Mr. Vander- voort! A.—Yes, sir, Tthink 1 did. Q.— What was it! ‘A —He was opposed to the bill as it was presented by Mr. Rose. water. Q.~You may state:whother the bill subse- quently passed fa the form proposed by Mr. Rosewater! A.—No, 8ir. Q. —Do you know WhHat Mr, Vandervoort's position was upon the bill inthe form in which it passed! A.—I think he was in favor of it; that's my recolection—most of it; there was some things which might huve boen—I don’t romember of anything that ho objocted to. I think myself that there might have been amendments made that were not. Q.—Do you remeuibér a olause in that charter known as the printing clauset! A.— Yes, sir; that s the elephant, Q.—Who had that clause inserted? A.—I always understood that sMr. Rosewater did. Q.—Did it pass with that clause in? A.— It did not. Q.—Do_you remember the general provi- sions of that clause? A.—If ivdid pass? Q.—The clause a8 proposed. A.—My reo- olloction now —I would not state though from my memory —that it was—thut all bids sere o bo submittod with an aflidavit of circuia- tion; [ don't remember just exactly the lan guago, but it was to be let to the paper hav- ing the highest circulation—it was cousid- ered and understood that that meant Tue Bee. Q. —What were you about “to observe? A.—I got my information from M ohnson in regard to Rosewater's standing on the matter, The Judiciary committee in all that bill made no opposition to the chgrter, they simply undertook to put guards around it. There was oune particular clause that we amended. 1 know at one time Mr. Smyth and I were going over the bill carcfully and we came Lo that clause with regard to prohi- biting city officials from having any- thing to do with contracts in furnishiog, ete, and Smyth and I agreed generally on such questions and he asked mo what was wrong about that. **Well”, I'said, “I don't know, but let's got the old ' section and com- pare it.” He : don’t see anything wrong.” I says to him: *You read it over while i—" By Mr. C on—This is not rebuttal. By the Witness—Yes, sir, 1t is. By Mr. Moriarty—He is sveaking of Mr. Rosewator's connecttiou with that partic- ular bill. By Mr. Gannon—He has not established Mr, Rosewater's connection with it here by any sort of evidence. By Mr. Moriarty —He says it was under- stood so and he got his information from Mr. Johuson. By the Court—He may proceed with the narration. A.—We did 8o and ws found that they had left out of the old section, in re-enacting the new, “or furnishing any 'material,” leaving it 80 that any city officer could furnjsh any material if he wanted to. That was rather upon Mr. Smyth's 1dea. But that man John- son says the next day, *“The moment you put that in, & certain gentleman will cease to be a candidate for mayor, and when you amend the section on the board of public works you will find out that when that bill passes that Mr, Rosewater's brother will resign as city engineer.” Aud I discovered that both of them turned out to be true. Q.—You may state whether any member of the fifteen gontlemen here n Omaha ap- pointed to prepare and confer with the legislature on the city charter called your atiention to any special provision of the bill as proposed there! A.—They did, yes, sir. Q.—Who was that entlemant A.—Mr. . J. Poppleton. Q.—You may state iu what form your at- tentivn was called by bim to any special pro- vision of that bill bemg objectionable! A.— By leiter and a certificate thut there had boen material alterations by somd one at least—not by his knowledge—of the charac- nated by the filteen. Q.—You may oxamine: these #wo papers and say whether they;, are the letter and cer- tificate to which you have just adverted? (Hands witness sotié pupers.) A.—They are, yes. K The state now offered in evideace the pa- pers reforrad to. 'hesame were received without objection and read as follows : Oxang, Neb, March 3, 158 Hon. H. C. Russell, Chairman Judiciary Committee— Dear Sir: 1 was one’of the committee of tif- teen who framed the charter. I know what the charter was whea it left the committee, and [ have seen a stutement of the awend- ments reported by your committee, Every- one of your members I believe to be in the interest of the people of the city. ‘Lhe board of public works especially proposed by the committeo is the worst legislation possible. It adopted it will beget rings and corruptions of every sort, and I think do infinite barm, The organization of the board under your charter is better that that proposed by the.commitiee. If the new scheme is adopted, the same body will have power to project, plan, execute ana pay for work, No such organization was ever pro- jected which did not lead to fraud, Give a ‘contractor power to audit his own_bills and it needs no prophet to predict the result. ‘To accomplish this Twee | spent millions to put his own croatures into tnd different de- partments of the cily government of New Yorl and then robbad the city at his leisure, Human nature is too weak Lo stand thestrain of such opportunivies. You can render no greater public service than to push your amendments and to cause them to be en- grafted into the new churter. Kespectfully yours, A, J, Porrrerox. To Whom Concerned: I certify that I have soen and examined the proposed Omaha charter introduced and printed 1o the senate and that the same is not o copy of the char- ter randered by the committea of fifteen made up in the board of trade and in the city council of Omaha, but that the bill as wtroduced differs in vital and important particulars trom that agreed upon by the committze, A, J, PorrLe Cross-examined by Mr. Gannon: Q. memlb; of the judiciary committee, of which you were a memoer, were Mr. Cald- well, Mr. Bowmano, Mr. Sullivad, Mr. Slater, Mr, Smyth anda Mr. Ageo—do you remem- ber the ninoth one? - A.—Well, sir; there is another one, Q.—You can not remember him? A.—Just lot me think balf & minute. O, yes, Andrews of Kearney. Q.—Who was the spedker of the housct A.—Mr, Harlan, Q.—You had known Mr. Rosewater before that hadn’t you! A.—Yes, sir, Q.—You say that therewere about twenty- five members in the house that wera afraid of Mr. Rosewater and not one that had any respect for him! A.—I vever heard a man speak well of him in private. Q.—You knew this before you went into the house! A.—You mean before I becawme a member? Yes, sir. A.—No, sir, Q —You heard sovera) men speak well of him before that? A.—Not as a rule; no, sir, Q.—Didn't you fl: to Mr, Rosewater ana ask him to use his influence with the man who was going to be speaker—Mr. Harlan— to have you appointed ohairman of the judi- ciary committee! A.—No, sir. Didn't you! A,~—I dido't, Q. —Didn't yon comé to Omahs and ask M. Rosewater's assistance! , ir, Q.—Didn't Mr, Rosewater write a letter to the speaker 1n your interest, ta have him ap- point you as chairman'of 'tho judiciary cowm- mitteet A.—Yes, sir,'” Q.—Did he do that dnsélicited by you? A. Yes, sir, Q.—That is as true &% anything else you have said! A.—Yes, st/ [ went to Rose- water's ofice, and we talked ever the matter of the organization,,wnd, of course, he thoussht it necessary t give mo a little taffy. Q. —What did you ge to Mr. Rosewater's ofice for! A,—I do notremember now. Q-—Was it because you despised him A. ~—1 had not learned to despise him then. - Q.:dvou. only ]mrn‘ &, ‘;lu;néll‘elhlm when e made charges agal o judiciary com mittoo! AeNo, m%. that. 1 went tb Rosewater's oftice, aad Jo bagan to talk to me and Lo give me a I fy—if it was not too late I might be & Finally he i “I8"tdere anyihing you waot!? Isays: ‘‘Uwould like to by chair- man of a good committee. ' He wrote then and there, without & w 't —he sat down—I tok the judiciary cJ.iitiee was mens tioned—I did not ask hiun, Q.—Did he write & lptter for you! Yes, sir. Q.—He wrote 1o the speaker! A.—Yes, sir, and for the first time called me col- onel. I never was oslled colonel 1n wy life, Q.—If he bad called you s federal spy— A. -He called me colonel right thon. . —As & matter of fact you were a federal 8py io the urmy! A.—Yes, sir, Q.—You knew how to play on one side aud fidate for speaker, theu play on theother! A.—O, yes 3.—You koew bow to pretend one thing aud not be iv! A.—TI could be; yes, sir. Q. —You haa heard of Gleualvon im the playi A.—I do not remember. Q.—Do you remewber this: *“*Subtle and shrewd, o offers to mankind an artificial image of himself 1" A.—I remewmber that. Q. —You were not a colonel—you were just 1890. A.~T never was anything but & pric a sy vate, Q.—You wore a sny! After the battle of Shiloh I was wounded so 1 could not carry a musket, and I had to do that or go home, Q.—You wore just the maa to make peoplo believe and nothing eise! A.—I had not the slightest idea of getting that letter whon I went thore, Q.—~Did_you know that Harlan had an- swered Rosewater’s letter! A.—Aftor- wards Rosewater sent mo a letter that bo had received from Mr. Harlan, saying that he had another man for the.place. Q.—But he afterwards thought better of it and appointod you! A.—-Yes, sir. Q.—You have testified to Vandor- voort's good character hore! A.—Yes, sir. Q.—You have known him_intimately! A. —Rather intimately; yos, sir. Q.—The houss adjourned over one day to come up hore in order toelect you com- mander of the Grand army! A.—My recol- lection is that the houss did not adjourn, Woe tried to get them to; [ am not sure about that, though, Q.—You wero aware that Sumner Johnson wrote a very laudatory articio for you in the Republican Yes, sir. Q. —You were very much pleased with him at that time? -He did not get tho facts from me. Q.—They wero facts! A.—Yes, sir. Q.—He referred to you as a member of tho judiciary committes wad also to Mr. Slater your associate! A.—Ye Q.—And Mr. Vander ir. ort snggested that to Mr. Johnson, didn't het A.~L do not think he did. ou are sure that he didn't! A..~No. (lf!-—-\\'lm Jdid! A.—I do not know. Q.—Do you know of anyvody who did? A.—No, sir. Q.—~Do you think he did it of his own voli- tion! A.~—I will tell you: Johnson came to me and stated that either Rothacker or Tay- lor hnd asked him to write it up; I says, *‘There is Randall here and another fellow from Kearney that have Kknown me ever since [ was a child,” and he went to them and got the facts. Q. ~You did not give him any facts? Mo, si < A~ 3.—You knew Vandervoort there during the entire session! A.—Yes, sir, Q.~~What was Vandervoort doing? A.—I do not know. He was very much interosted in defeating the board of public works pro- vision in the charter. Q—Wasn't_he tryiag -to defeat railroad lewislation? I always voted with Mr. Harlan on railroad questions. Q.—Mr. Vandervoort was a lobbyist! A.— He might have been; I saw him and Rose- water there together lobbying around. Q.—Was Vandervoort there the last days? do not kuow that he was there. .—Was he there during the eatire ses- sion? A.—I do not know. Q.—What was he doing? A.—The bills that I have heard him talking about wore the Omaha charter bill, the gamblers’ bill and the soldicrs’ home. Q. —He never spoke to you about railroad legislation? A.—No wan over mentioned railroad legislation to me while the house was 1n session. Q.—Not a mani A.—No, sir. Q.—Were you ever aware it was talked about! A —I was in committeo where we talked in favor of railroad legislation, I was in the committee with Mr. Harlan once— fifteen of us. Q.—You are quite familiar with what Mr, Vandervoort did there! A.—\Well, no; L am not. Q.—You have told us what he was in favor of ana what he was not 1 favor of! A.— There was lots of times— Q.—Do you know these things—how do you know these things! A.—He talked to me about this charter and gambling bill and soldiers' home. Q.—Mr. Rosewater was a factor in logisia- tion? A.—He provea a very small factor, Q.—You mean Vandervoort! A.—You said Rosewater, He simply expressed his opinion about that. Q.—He talked to you about those bills? es, 8Ir. Q.—Did his views —those of Vandervoort— have any iofluence on you! A.—None on me. Q.—~You could not be approached on that? do nov profess auything, but I am sim- human, ) Q.—Then you could not bo approached at allf A,—Yos, sir; ono man did approach mo —Rosewater did; he asked me one time to do a thing against law and conscience. Q.—What was itt A.—On the comnmittee on elections; I came back that night after we bad a meeting and 1 says, ‘I do not seo any way 10 the world in law but wnat that man TPruesdale is entitled to that seat.” I says, **There are five votes thrown out that ought to be counted, and if we do, that will seat ‘I'rucsdale.” And he says, *‘A man can see some things that are not there,” Q.—He suys a man cau seo some things that are not theret A..—Ho rather iusinu- ated that T ought to do somothing that was not right. Q —His remark that a man can nee somo thiugs that are not there—you thought he was_approachiog you? A.—He thought ho would keep Roper there whother he was en- titled 1o the scat or not; that is the way I translated 1it. Q.—[sn’t it a fact that this Omaha bill was introduced in the senuw by Mr. Lininger and passed? A.—That is iy recoliection. Q.—S0 it had been passed by one branch of the legislature before it passad you at all? A.—Yes, sir. Q.—Mr. Lininger introduced it and not Rosewater! A,—When a thing started under a name that name stuck to it. It was Lininger’s bill. Q.—Do you know whether or not Mr, Lin- {lugur introduced it in the semate! A.—¥lo id, . —Do you know whether or not it was passed by the senate? A.—I think so. Q.—Do you know that Mr. Poppleton was the generul attorney for the Union Pacilic road av that time? A,—Well, I rather think he was; 1 don't know. Q.—Are you sure that he was? A.—No; I don’t know exactly about it; but I think ho was, Q.—Db you mean to tell the court that you do not know that in 1857 Mr. Poppleton wus the genoral attorney for the Union Pacific road? A.—lcould not Hix the date that he resigned. Q.—Was Mr. Poppleton the gen- eral attorney for the Union Pacific railway company when he wrote that lettor? A.—My impression is that he was, although A vl Q.—There were some provisions in that chartor by which railroads would be taxed, wasn't theret A,—Yes, sir. Q,—And those were things that you struck out, among other things! A.—Not we coun- try fellows—we were oppoaed to that; thought you were shutting us off, you fel- lows in town, and were going to get it all, Q.—You did not want them taxod! A.— Yes, sir; but wo wanted to get a part of the tax, Q.—That is the reason that you struck that out of the measurc! A.—I have another paper indirectly on that signed by aimost all of the wholesale and business men of this town, protesting against that part of it. All of us grangers out there voted against that. Q.—Is it not a fact that the taxation part of it was stricken out alter it left thosenate! A.—1 cannot say positively what was done; but it was not passed as tiey had ic. Q.—Will you tell us how Mr. Vandervoort stood on tho railroad taxation question! A, —1 never heard hiw say anything about it, T know a lov of these Omaha fellows were in favor of it und we country fellows were op- posed 10 it. . Q.—-You were one of the grangers! A.—Yes, sir; raised on a farm and left tho plow to 2o to the army, Q —What is your business now! A.—Iam an ‘attorney-—-not very much of one. Q.—I asked you, and you have not an- swered—Wus the taxation . clause stricken out of that charter! A.—I do not know whether it was entirely stricken out or uot, out it did not pass; it came 10 the senate— my recollection is that it was — Q.—Have you followed up logislative mat- tegs since you were on the judiciary commit- tee in this state! A.—Haraly. Q.—Didn’t you notico the bills that were pussed by the last house? A.—No,mir; I do not kuow one of them. I probably read themw at the time, and read the session laws, Q.~In {DIII' bill down there in the house you knocked out the provisious for parks, dido’t yul A.+-Yos, sir. Q,——{ hy did you do that! A.—Because I thought the right of eminent domain was being carried Loo far. Q.—You know that the last honse gave us @ systew of parks? A.—Yes, sir. Q. —You graugers opposed it A.—I be- Lieve if @ cily wants a park they should pay for it and not condemn property for it, ~Da you remember the provisions you struck out of the last charter—that you struck out! A,—I1 do not remewber any, Q.—Will you aawe whe measures on which Mr. Vaondervoort was interested! A.—In the general legislation Q.—Yes, sir. A.—1 ouly know positive of @ fow weasurest haye gota faint re Q~Namo them! A.—~The charter, gamblers’ bill and the soldiecs’ home. 1 ever talked to me, or | over heard him anything— Q. —What did hoe aay about the gamblers' il A, —Simply remarked that he thought it would pa Q.—Did ho go to seo 3 Q.—~Wbera did you usually have your talks with him i A.—1'bolieve i’ tha lobby of the hotel down stairs: in_the hotel, wad somo times i his room; I havo met him at his room, Q.~Did you ever meet him in the room of anybody eise! A.—1do not recollect of it. J.—Are you a man that drinks waything? A.Hardly evor, Q.—Were you ever in_one of rooms down there! A.—No, sir. Q.~Did you ever arink with oot 80 in the Capital hotel! A rocollect of it if 1'did. Q.—~Don't you recollect? A, room 804 Q.— Where they have beer and No, siri 1 uover did. Did you ever drink 1 \ SIT. know whethor the he n! A.—~No, sir, theso o1l auybody in 1 do not What is no beds? in Crawford's you any place in the capitol, purticalarly or not there during the extension, us sossion, whoro thay r hoard of it ~That there were liquorst heard of it. .—They might bo thero knowlodeo! A~ Yes, sir we wdjourned 1 was not stooa right there all until morning. Q.—I am not limiting it to any partioular it s ‘called, of tho kept liquors?' A, A.—I nover without_your for that night ot of the house; 1 the time from night night. A.—I make it any time. Q.-~Where did Mr. Vandervoort room, ifs you know?! A.—1 do unot remember the number of the room. Q.—Do you know swhere he stopped; at what hotel! A.—At the Capitol hotel, I think; that is, when I was thero. Q.—Did ho roomewith Crawford! A.—~No, B0t tuat 1 kuow of; Tdo uot thiak that ho id. Q.—You do not know it he roomed with hiw or roomed wich any one! A.—[ think hio had n room Gy himsolf. Q.—You say you do not know Sheedy?! A. ~1 have heard of him, Q.—You ao not know Brooker! A.—1 do not know him, Q.—You were never out as late as 2 o'clock tn the morning with Mr. Slater in Lincolut A.—No, sir. Q.—Nor in Omaha? A.--No, sir. Q.—You never came to Omaha with Slater ana failed to register at any hotel! A.—No, sir., Q:;=Did oy over moot Mr. Charles Greono in Lincolni A.—Ys, sir. Q.—Did you ever come to the city of Omaha on the same train with him during that session of tho logislature! A.—I do not know; I have come up with a whole train load. Q—Did you, Mr. Slater and Charlos Gréene como up on the same train about the middle of Maren from Lincoln to Omahat A. -Mr. Slateraod I camo up here on the 12th o arch, Q.—Did Mr. Slator walk Mr., Sumner Johnsont lection about that. Q.—Well, you do not know whother he watked up town with Mr. Slater or not—Mr. Johnson? A, —Yes, sir. Q —You do not know whether he dld or not: how did you come upt A.—I have not the slightest recollection. Q—Did you como up with Mr, Greenc? A1 do not know. Q.—Was Mr. Greene on that train? A1 @0 ot know. Q.—Your memory is at fault on that? A.— I kuow I went to thoe Paxton Lotel and rogis- tered on March 12, 1857, Q.—Was that the only time you had “boen up during the mouth! A.—I believe the next day wo came up with the Grand Army men —I mean the next Tuesday evening, Q.—How muny times were you in_the city of Omah during the montb of March{ A.— I think that is all Q.—T'wico; on the 12th and when you came up to the Grand Army moeting! A.—I some- times canio up to Omaha to make tho Union Pacific train west going home to Schuyler; and sometimes we could take that train and make the night train and get home at 1l o'cluck, and the other way we wonld huve to stay and wet home at 11 the next day. up town with A.—I have no recol- Q—When did the house adjourn at the tune Mr. Rosowater was down there that you follows saw him through the glass in Mr. Dewpster’s room? A.—Well, we hold a sossion on ‘nesany. I soflection cided 10 stay and goon with that_ thoj e other busi- adjourned over from Wednesduy to Thursday. I know they did not do what we wanted them to, Q.—You saw Mr. Rosewater in town when you came up? A.—No, sir; I did not. T ouly have Mr. Dompster’s word for that—that is, 1do not remember that I did. Q.—You thought a secret investigation -Was not the proper way to get at this? A.— No, sir; I had nothing under the heavens to keep secret. i Q.—You did uot want anybody else to go in und testify, even in your presence, beforo o secret committee! A.—I believe if a man has got anything against his fellowman ho shouid tell'it. Q—Then you are not in favorof tho grand jury system? A.—No, sir. You think a gravd jury is rather a poor iustitution! A.—I do; yes, sir, and I about think a jury is wo. Q.—What names did Mr. Rosewater mon- tion in the charges that he made of the ju- diciary committeo! A.~-None; I mean in his repori: I do not know what he said to Demp- star I'mean iu his published report on the th! Q.—Did Mr. Smith ever kick against any- thing Mr. Rosewater said! A.—Not what he said Q.—Did Mr, Smyth kick against the charges made urainst the judiciary commiv- tee! A.—Yes, sir, . —When and wnere? yting he ought and that the com 10 be present. Q.—Was Mr. Smyth in favor of an open investizatioat A.—Oh, I expect hardly; I do not know. Q.—As a matter of fact he was in favor of the commiLtee as it was appointed, wasn't het 1 do not know a8 Lo that. Q.—That is your best recollection! A.— Well, Mr. Smyth and I were always very friendly, and he was a very honorable man and I do mot think that he would want to do anything dishonorable. Q,~You say that all these men wore against Mr. Rosewstor, and yet the spoaker appoiuted men that woro his tools; how do you sccount for that! A.—That is one of the unaccountable things. Q.—The speaker of the bouse was afraia of lim and. consequently he appoioted all this committee iu bis lnterest! A.—No, all of them were not. Q —The majority of the committee were appoiuted in his interest!. A.—I[do uot wish to reflect on the orhers, because 1 consider whem very honorable men, Q.—You say thore was o element of re- spect; it was all fear; thon if the speaker of the nouse appointed this committee ne ap- pointed it through fear of Mr. Rosewater? A.—I rather think so. And those men, or a majority of the commitiee, you think were @& majerity through tear! A.—I think so, Q.- You want the court to understand that! A.—Yes, sir. Q.—~What were you afraid the committee could do if there was nothing true about whe chargest A.—Why, just exactly what Mr. Rosowater did the otber day, g2t & lov of slush in and then publish it as their evidence before the committee, He did not care for ng. Q'—-And you were afraid of his publishing @ lot of slush{ A.—Yes, sir; us he Las been ever since. Q.—You were afraid you could not coun- teract it A.—I propose w0 Iet everybody Kuow what he had to say. It is prewty hurd 10 beat out a prairie fire after it gots started. Q.—~Didu't Mr. lRosewator publish this bo- fore he testified on the stund here! A, — Protiy near everythiog; [ thiok be hus pub- lished it. Q.—You took no action about it of uny ac- count! A.—~He wever said anything against we definitely, Q.—You were not elected to tho last house! A~ was not a candidate. Ours is a demo- cratic county: it always bas been; itis prety hard for s republican to be elected. C.—I thought a remelwnn KY40ger was 8 fricad of the veople! A.—But Rosuwater's fricnds did not vote for we when elected. A.—He sald_if he ight to muke it definite, ittee ought Lo be allowed 1 was . —Rosewater bas some friendst A.—~We call thewm that, Q.—They are sl afraid of him?, A.—Yes, sir; they sre afraid he will slander them. Q.—Out in-your country! A.~They are all over the state; they all look uvon him as a slanderer, Q. —Ana these grangers are afraid of him, ol they are bis frieads b the sume time! A.—~They discovered he wwas not honest (a his rafiroad legislati he had naver advos catea the passage of railroad bill. Q.—You say Itosewater's friends would not vote for you; I will ask you about his frionds. A.-~They did not vote for me when I was elected; the Van Wyok men in ous county votod against me. QL ask you if he had frionds in vouw county! A.~What we call Rosowater's friends, Q. —~Those are frionds of his through feart A.—Not all of them; we have got some lowe hio dirty peoplo thore that slander theiw neighbors, and they stand in with IRoses water. hought thore was no show if you wore u grauger, in a democratic county, and an anti-movopolist] A.—I1 had about all the honor there was in it, and another fetlow wanted it, Q.~You had all the honor and monoy that was in it A, —I uever got any of the monay, By Mr. Moriarity: Q.—Do you remember whether during the sessiou of the legislature of 1887 & committee of merchants and bankers, and'other gentlemen from Omaha, came down to Lincoln, and in conjunction with Mr. Rosowater and the Douglas county delegation, came to any Arooment respects ing this railway taxation clause! A.—I une derstood thay did; yos, sir, Q.—Do you remember whethor Mr. Roso- WALSR Was a party to that agreoment! A,— Well, [ heard so; 1 douot know anything about that. Q.—Did you hear 80 in the presence of Mr, Rosewator! A.—No, sir: Johuson told me 0. Q.—You apoke a few momonts since about a protest largely signed by poople here in Omaha against that railroad” taxation clause n the billl A.—Yos, sir. Q.—Youmay statd whothor or not that Protost was in writing, or in what form! A, “I was in writing. Q.—You may stato whether or not that paper is the protest (handing the wituoss & paper). A.—That isa certified copysfrom the socrotary of tho senate—it was sent to the senate. Q.--You saw the protest at tho time? A.— Yes, sir; I did. Q.—State whether or not the action taken respecting that clause was influenced in any wiso by this protest! A.—That had some- thing to do with it. And then there was, as L said—there was a general idea that taxa- tion should spread out -that is, the value of the road—it all went into it—the_seltishness of the fellows out west. ‘The counsel for the state now offered in evidence the communication referred to, from the businoss men and bankers of the city of Omaha, which was read ns follows: To the Honorable, the Senate and House of Representatives of Nevbraska:—We, the undersigned, merchants and business men of the city of Omaha, carnestly protest agaiust the clause in the proposed ameadment to our charter which provides provisionat taxation of railway property therein. We believe its adoption would bo onerous in that it would discourage further railway improvements and force existing railway corporations, as well as those contemplating eutrance, to lo- cate their terminal facilities, machine shops and storehnuses 1o a great extent outside of the city limits of Omaha, and it will be a groat detriment to our business interests generally; and your petitionors will ever pray, ete. Signed by a large number of busi- ness men and banke: —~ Mineral water depot, 2nd door west 158 S William Boyle's Faneral. . The funeral of William Boyle will take place at 10 a. m. today from his late res. idence, Druid Hill depot, at the intersection of Spaulding street and the Belt line. Tho remains will be interred at Forest Lawn cemetery. The funeral will be under thadirection of H. J, Miller, a neighbor and triend, Mrs, Boyle 18 almost prostrated with grief and is receiving all the attention and ad necessary from sympathetic friends. With the strauge intuition of a woman Mrs. Boyle has, for some time, drended an accident to her husband, and on the morning of the wreck desired him to wait und go to town on the motor, but ho was iu a hurry to ket to the city and ook the train with the results as already published. RESTORED HER HEALTH. For 25 years I uftered from boils, erysipelas and other blood affections, taking during that time great quantities of different medicincs with~ out giving mo any perceptiblo rellef, Friends induced moto try 8. 8. 8. It improved mo from. the start, and after takmg soveral bottles, re- stored my health s far as I could hope for ab my age, which is now seventy-five years. Mre. 8. M. Lucas, Bowling Green, Ky, Treatise on Blood and Skin Diseasos matled freo, BWIF) ECIFKO CO., Atlants, Ga. 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