Omaha Daily Bee Newspaper, January 25, 1890, Page 5

VANDERVOORT 0N THE STAND o Attompts to Pose as a Man Ut~ terly Without Guile, HIS LEGISLATIVE EXPERIENCE, He Was Paid by the Union Pacific and Acted From the Purest and Most Unselfish Motive: Knows Nothing of Oil Rooms, Following 1 Vandervoort's testimony in bis libel case against Mr. E. Rosewater. Exumined by Mr. Moriarity: Q—State your (name in fulll A. Vandorvoort. Q- And you arc a resident of this cityl a resident of Douglas county and Paul How long this cityt A.—I came here Q.—Are you & man of fami A wife and four children, Q.—State whother or not you were iu_at- tendance upon_the legislature of this state in the year 18571 A.—Yos, sir, 1 would like to enter into detail on my attendance on the legislatures of this state since my resiaence here, if 1t is permitted Q.—-Take up the scasion of 1577, A.—I wish to state my attendance upon ail the ieg- islatures, 1want to give everything since I have been i the state, Tho first session of the logislature was in 1875 after [ came here, 1 was at that session two or three days; I think that was the time when Senator Pad- dock was elected sonator; Idid not spend any time there, except a fow days during the senatorial fight in 1577, I was there during the entire Hitchcock and anti-Hiteh- cock fight until the senatorial fight ended, and 1 left the city and had nomore to do with it. In 1870 I was not present. In 1870 was the time that Senator \'nn Wyck was olocted. 1 was absent in the west at that time on the duties of my oftice us chief clerk of the railway mail service. In 1581 I was not present at the session of the logislature, In 1883 was the time that Sea ator Manderson was elected. I was there two duys and loft to fill my engagements in tho east as commander-in-chief of the Grand Army. In 1885 I was not present at the ses wion of the legislature at all. In 1885 I was there continuously during the entire session, and in 1559 I was not. present. Q.—State whether you were ever person- ally in any of these rooms that have been referred to us o1l rooms? A.—No, sir, I was not, I have been vresent in rooms where gentlemen Had liquors in the room orordered it up, but I was never i the room that they designate as an oil room. T Q.—State whether or not you at any time during the session of 1887 atiempted to influ- cnce the members of the legislature by offer- ing them bribes. A.—No, sir; at that time or no other time, Q.—Or encouraging others to seek to in- fluence them by bribes? A.—No, sir; in no ‘way, shape or form. Q.—You may state whether you ever gave or furnished any passes to mombers of the legislature during the session of 18871 A.—During tha session of 1887 [ occasionally furnishod passes for members upon thoir re- quests. The members of the legisiature all tad time passes, Q.—Was that with a view of influencing their votes on legislative matterst Objected to as calling for a conclusion of the witness; objection overruled, A.—I never had“any idea that the be- stowal of a pass to a member of the legisla- mre—they generally asked for their friends ~would have a particle of influence upon his votes upon matters before the legisla- suro, Did you at any time ever invite mem- vers of the legislature to houses of ill-fame? A.—1 nover did, and never went in one. Q.—Or encourage them to do s0. A.—No, sir: under no circumstances. Q.~You may state whether or not you are personally aequainted with this man Sum- ner Johnson, Who testified here! A.—I met him at Lincoln during that session. Q.—You may state whether you ever gave him any instructions touching complimen- tarios that hn' should write respecting any members of the legisiature! A.—I have no recolléction of giving any wstructions 1n ro- gard to any speciul member; I may have done so. Q.—You may state whether you were present on any occasion there in Lincoln when Mr. Culdwell, a member of the legis- lature, threatened to shoot Mr. Rosewater! A.—1 do not remetmber being present av_any such conversation. I heard Caldwell talking loudly about Rosewater, but at the time stated I do notremember. Caldwell did a great deal of loud talking there av that “time. Q.—You may state whether you at any time said anything to Caldwell with a view 10 ineiting him or urging him on in that? Ir; not under no circumstauces, you ever endeavor to use your in- fluance on him one way or another touching An assault upon Mr. Rosewater! A.—Inever bad any talk with him about it. Q.—State whether you are personally ac- quaintea with a member of the legislature duriug (hat session by the name of Tingle? A.—1 was not very much acquainted with Tingie. I met lam, but [ never had any in- timate acquaintance with him, Q.—Do you remember what county ho came from{ A.—He wae from the north- western part of the state, up on the Sioux City road somewhere. 1o not remember the county. - It 1s away out wost. Q. ~Have you any personal knowledge of s being in & very impecunious condition duriug that session of the legislature? A.—1 h‘llvon‘l, any knowledge of his condition at all, Q.—Or of his having been flush with funds at any time! A.—No,sir; I don't know any- thing about it. I do not know anything about his circumstances. Q.—Havp you any personal knowledge of his having been bribed in any way! A.—No, sir; nor ho nor no other man, Q.—You may state whether you ever had any conversation with this mau Sumuer Johnsou after he severed his conunection with Tur Ber! A.—He talked with me. Q.- Did you ever tell him you would take Jarv of him! A.—He came to me anG told me about his discharge from Tur Bie, and what the cause was-~that he would not act 88 a spy for Mr. Rosewater, and said that he Bad msisted upon everybody acting s a spy and he declined to do 8o ana was discharged, and was out of work snd wanted employ- ment. Q.—Did you assist him in getting ewploy- ment! A.~I think I spoke to Mr. IRothacker or to Mr, Taylor, T do not know which, -He told me & very pltiful story, Q.—Did be wake any statement concerning his financial condition! A.—He said it was very bad. Q.—What was the pitiful story that he told youl A think ho said his wifo was sick and that he was out of employment and all reaources. Q.— State whether Johnson borrowed any y from youi A.—Ob, & swall amount, not worth speaking of. Q.—Did he ever pay it back? A.-~Notthat Iever heard of. Q.-~State whether he was in the habit of coming to you, after he had been in the em- ploy of the Republipan, during that session of the legislature, for instructions as to the courso he should pursue in conducting his business while in the employ of the Repub- licau? A.—No, sir; ho came to me like any other reporter at Lincoln, to get news—uo difference that I could see between Mr. Jobn- 00 und anybody else. Q.—Did you ever tell Johnson at any time to give lRosewater, Tue Bre and Rosewater's frionds bell in his writiogs in the Republi- oun! A.—No, sir; Idid not use that term. (f,~0r did you ever use words substan- tially to the same effect to him? A.—No, sir; there was not any aecessity of telling John. 800 everything. ie was anxious to earn his spurs and rlu the contidence of everyboay. Q—~Ihd Johnson in his conversation with you state why he severed his connection with Mr, Rosewater! A.—Hoe said Mr. Rose- water wanted him 10 act as a spy upon his eoomies in the legisluture and outside of it, and he refused to do so'and was discharged. Q.—State whether you remember the pendency of the bill known as the aoti- mblivg bilk durivg that session of the leg- ture! A.~I do, Q.~You may sthte whether you took any part in the ennctment of thatlaw! A.—I did all I could 1o pass it. Q —Did ‘ynu have uny personsl knowledge of the raising of a fund by gamblers for the purpose of defeating that billt A —I knew nothiog at all except & rumor that was cir- culated around. Q~Did you ever have auy conferencos with the gamblers during that session of the \egislature with a view to arranging the de feat of that bilil A.—Not at that tims or any other time. 1 donot kaow that I have ever talked with a gambler in this town or anywhero else. Q.—Did you ever invite any members of the legislature to any of those oil rooms down thore to which witnesses have testified! A.—1 vever did. Q.—State whether you took any hand iu the Omaha charter fight which involved the legisiature during that time? A.—1hada hand in the Omaha charter fight fcr several reasons. One reason was that there was a provision in there in regard to tho board of public works that put the aiffercnt men that occupied the position in two or three differ ent offices: that allowed them to order the work and estimate the work, and audit their own bills, pay their bills, and_giving nearly every member of the board of public works adual office. Thera was another provision in that charter that took South Omaba into the city limits, which would have deprived us of the packing interest at that time, Tho ariginal charter provided that the city limits shonld be thirty square miles. There was another provision that allowed them to exi eise the power of eminent domain ten mile out for park purposes. ‘There was another vrovision in there in regard to the roplatting of this city, Yhat everybody considered there was a job in. There was another provision d to the printing_which, in my it, would have given the printing of 1his city to Tre Ovana Be in perpetuity. 1 ok A hand in opposition to this, Q.—Was there a_provision _touching tho tax of railroads! A.—Yes, sir; ond [ opposed that in common with a large list of business men whose names have boen pro- sented here toduy; and I would like to give Q.—Very well. A.—71hat railroad taxation clause evoked a great deal of opposition, and tho country mempors made their objection to it on the ground that I)w%‘. hog the revenue accruing from the taxation here of the Union Pacilic road and they would not get. their legitinate share. That was the opposition of the country members, The business men of the city of Omaha weat 10 the ofticers of the railroad company, Mr, Pooploton 1 beliove it was, in regard to double taxation, and a great controversy aroso over that question. Mr. Rosewater advo.ated and devoted his attention almost solely to the railway taxation clause in favor of the taxation of railways. There was a charter meeting called 1 whit was once a part ot this building,a very excited meeting. There was no result’ except a general row, and the fight was carried into the legislature, and when they got down there [ always un- derstood that Mr. Rosewater induced the Douglas delegation to add further amend- ments to the charter which were not put in by the committes of fifteen. I understood from Mr, Poppleton, as the result, that tho charter introduced by Mr. Lininger was not the chartor prepared by the committes of fitteen. Mr. ller, Mr. Gallagher and Mr. Morse, I think several of them, and Mr. Hamilton, I think, came to Lincoln repre- senting the business men of this city, in op- position to the railway taxation clause, The bill was then pending in_ the senate, but it afterwards passed, and Ido uot kuow but what 1t 1t passed it about that time. They came down there purely on the question of railway taxation. Thaey wanted it stricken out. At that meeting the business men - duced the Douglas delegation to withdraw that clause from the Omaha charter bodily. I have always understood it was withdrawn with the consent of Mr. Rosewater that the charter should not be further tampered with; thats, 1f all the other provisions were teft in the charter. That railway clause was withdrawn from the charter and there was no more issue in regard to it. Thoy then attempted to induce men who were opposing the charter on that ground to withdraw their posilion on the bill or provision and let it go turough, but the result was that it was amended on the points I have stated, There was a provision which allowed them® to change the grade of any piece of property in the city by a two-thirds vote of -the council. We put a provision in there giving the Rroperty owners upon the blocks where the proposed change was to be made—that the change could not be mudo without their written consent., There were other things that I do not remember just at the present time. There were quite a number of things amended in that charter. Q.—What was the relative position be- tween yourself and Mr, Rosewater touching these difforent featuros of the chartert A.— As I remember, lie was opposed to every one of the provisions I have named, that 1 was fighting to amend, I do not kuow his posi- tion on the metropoiitan police force. I got that from the statute of Ohio, and not being. a luwyer and veraed in such matters I took it to Mr. Greene and he drew the provision as to that. Q.—What was your position in refercnce to that provisiou of the charter! A.—I be- lieve it would be a grand good thing for the city of Omala, and I think the result has justified 1t. ~Q.—Did you undertake to secure that? A.~Yes, sir; I did everything I could to secure that metropolitan police provision in the charter. (Q.— Was there finally any act passed the legislature of that session upon the subject of railroads! A.—There wasa bill passed the legislature at that session which is now on the statute books. Q.—Did you take any partin the enact- ment, so far as your influence would go, of that lawi A.—I did everything 1. could to securo the passage of the present law that is on the statute Looks of our state, and the other bill that was pending, to which John- son and Mr, Rosewater have allude 1 was in favor of the passage of that bill with the maximum rate stricken out, giving the peo- ple the power 1o establish a rate unon proper complaint made to the board of transporta- tion of the proper grievance. 1 was in favor of that bill with that provision. Q.—Aswde from this rzilroad legislation and the legislution touching the Omala charter, ut thatsession, were there any other muasures you were interested ! A.— Nothing except those in reference to tho soldiers’ home. I was very much interested in the provision in regard to the scldiers’ home, Q.—You used your influence to the utmost in regard to that! A.—Yes, sir; I did every- thing L could in regard to that. We were instructed to do that by the Grand Army at the encampment, Q.—Where did you reside in 18761 lived here in Omaha. Q.—What was your position at that time? A.—I was chief clerk of the railway mail servie. Q.—Do you remember the occurrence of the assault of Curry uvon Mr. Rosewater? A.—Ido. Q.—State wligther or not at that time you werg personally acquainted with Mr. Porter, who testified here! A,—I have met Mr. Poster. s county wovld A~I Q.—Were you acquainted with nim at that time! A.—Yeos, sir. Q.—Were you acquainted- with him prior to the assault made upon Mr. Rosewater bf Curry! A.—Yes, air; I was acquainted with him a year or su before that; that was in 1870; yes, i1, I had been acquainted with him a ittle while, Q.—Were vou hera when the card, which has been referred to in the testimony as the Curry card, was published in the Republican in this city! A.—Yes, sir. Q.—State whether you bad auything to do with L'om}m!lm{ that card! A.—In no way, shape or form, Q.—Did you know anything about its in- tended publication before it came out, A.— No, sir; 1do not think I did. Q.—Did you have any talks or conferences with any oue prior 1o~ this publication re- specting its being publishedt A.—I do not remember any such a conference, Q.—Do you remember having a conversa- tion with Mr. Porter, the witness who testi- fied in this case, respecting a coutemplated assault to be made by Curry upon Mr. Rose- water a fow davs before its occurreace! A. ~I do not recollect any such a conversation. There was & general rumor oun the strects that Curry was going to do something to Rosewater, and ke a thousand rumors from that day to this and before that, but 1 Jo not recall teiling Mr, Porter that there was ng to be an assault, s he said it here be- fore this court. Q.—State whether the matter of a con- templated assault by Curry oun, Mr. Rose- water was talked of betore it actually oc- curred! A.—I[do not remember anything except & rumor on the streets that Curry was going 10 do something to Rosewater about the article that he wrote about hiw, and like bis brother, Ido act think 1 paid much uitention to it. Q.—Were you personally acquainted with this man Curry! A.—Iunever met him but twice. Imet Curry some time before this occurred—a long time. ? Q.—About how long: A.—Ohb, well, it was —I'cannot locate the exact tiwe, but it was @ long while before. Q. —State 1o & general way! A. It must ‘have beeu six months or wore belore that. I THE OMAHA DAILY BEE: SATURDAY, could locate it exactly it 1 had the data in rogard to & narrow gauge bond fight here, I never met Curry ofter that exoept when he came ont of the penitentiary at Lincoln. Did vou ever have any conference with Carry about his assault upon Mr. Rose- water before 1t occurred! A.—No, sir; I never did. Q.—Do you know anything about the hab- its of this man Curry 8 to being given to talking! A.—I always understood that Curry talked a great deal. I never was much acquainted with Carry, and never met him only on the two occasions [ have named. I wish to make a statement in regard to a cer- tain matter. There was a difterence in the testimony of Mr. Yost and Mr. Miner and myself in rogard to our testimony before the grand jury. There was a_report or some- thing about a conversation that occurred about the Curry business, and 1 have alway nnderstood, to the best of my recollectios that whatever was said occurred after the card was published. Mr. Yost and Mr, Miner thought it was bofore. Owing to the difterence in our testimony, Mr. Rosewater having procured the testimony beforo the grand jury in some way that I know nothing about, T was denominated perjurer in Tus Owana Hee for a space of years by 0 wo #imply differed, a difference that we were honest about. Q.—Were you ever arrested for complhicity in that assault upon Rosewater! A,—No, sir; nor indicted, nor anything Q.~Was 4 compluint ever filed against youl A.—No, sir. I would like 10 state fur- ther that I did not have a friend on that grand jury. It was known as an anti-Hitch- cock and packed jury, in this town, Q.—Wero you ever tried on any charge of complicity in that assault! A.- i y, shape or form,except in Tite OMA Q.—Were you ever indicted? A.—No, sir, Q.—Or sentenced? A.—No, sir. Q.—Wero you ever arrested! A,—No, sir, Was there ever any complaint filed be- fore a magistrate against yout A.—None that I ever heard of. -State whether the matter of your al- leged or supposed complicity in that assault ever underwent an investigation by the United States officials? A.--Why, wa were investigated—. |Objected to us not rebuttal testimon; bjection sustained. | Q.—State whether you are in the habit of frequenting saloons with bummers or men callea bummers? A.—No, sir; I am not. Q—Do you know anything about this granite known as the Dodlin granite, A.— Yeos, sir. Q.—State avhether after this Curry trial some time Mr, Rosewater came to the post- ofMce building here in this city and in your presence and that of Mr. Yost and some other persons—or, restricting it to yourself and Mr, Yost—and said that he had been imposed upon when ho had Dreviously charged you 1n connection with the Curry assault, and that he was satisfied thut he had been misled and that he did nov believe you had anything to do with it} A.—I do not remember just how long it was afterwards. It was ufter that investi- wation to which he objected that he came' into Mr. Yost's oftice. Q.—State whether or not he made in your presence u statement to that effect? A.—He went on something like that, as nearas I can remember his language. 1 have never been acquainted with Rosewater myself suffi- ciently to talk with him_about anything, but he came in there and said a great many peo- ple were coutinually bringing 1n stories about people, and that when he preforred charges und had an investigation they had failed to go on the stand and swear to facts thoy had given to him in his office; and there was some conversation betiveen him and Mr, Yost about it in wnich [ did not mingle; and he went out, and I have never beard his voice since except in that room, that is in conversation where I was. Q—Going back to this Dodlin’ granite, you may state whether you are the agent for the Dodlin granite company? A.—No, sir, I am not. Q.—Or for any company handling Dodlin granite! A.—No, sir; not for any company. Q.—State whether you manipulated the council here or sought to manipulate the council in adopting the Dodlin granite in our city halli “A.—I do not remember of talking to but one mun. Q.—Can you give un account of that? A.— I can give the wuole history. I learned from a gentleman on the outside of the council that the city hatl basement and first story was to be of granite, and I wrote to'a friend of mine,in Maine, General 1. S. Bangs, who is the proprietor of the quarry, aud not Dod- Iin, Dodlin is the name of the mountain that the quarry is situated on, and [ asked him, he had talked to we about introducing s granite in Omaha—the granite in the First National bank is from a quarry he was interested in—and he had been talking about introducing his granite here, and he wrote ime that for the purpose of introducing it in Omaha he would make a very low bid, and sent on samples to be presented, in compliance with the provis- ions of the proposal, which I delivered to the chairman of the committeo on public buildings and to the architect, but 1 never lobbied with the council or with the committee t8 induce them to adopt this gran- ite, aud members of that committee, two of them at least, never kuew I hada friend even that Lwned the granite quarry. And it was by far the lowest bid. 1 think it was $12,000 under the bid of the Hurricane gran- ite combany, which was the only granite company ttat bid here. All this stuff in Rosewater’s building and 1y the Puaxton building is not granite; it i8 syenite and lacks one of the distinctive elements of eran- ite; and in the eastthey would not be al~ lowed to bid under a granite specificatic and it was by far the lowest bid, and was :x‘lgpwo by Coots because it was the lowest Q.—Do you remember Dablstrom, who tes- tified here? A.—I do. Q.—Did you know hum in 1876 A.—He was in the postottice as a mail carrier. .— Did you ever have any conversation with him, or with other persons in his pros- ence? A.—I do not recall having any such a conversation as he testified to; I do not re~ member it. I was never in the hahit of con- versiug with Mr, Dahlstrom. I scarcely ever say & word to the lotter carriers that are there now: I have notning to do with them, Cross-examined by Mr. Gannon: Q.—How long have you lived n Omahat A.—I came here 1n February, 1874. Q.—Did you come here to residet A.— Q.—Had you justreceived your appoint- ment at that time! A.—No, sir: I was ap- poiuted previously to my coming here; I came here with the appointment, Q.—You were chief clerk of the railway mall service! A.—Yes, sir. Q.—Did that extend all over the United States? A.—No, sir; it embraced the lines of railway and stage routes in Nebraska, Wyoming, eastern Utah and Idabo, Q.—Omuba was your headquarters! A.— Yes, sir; Omaha was my headquarters, Q.—What tims in 1874 1id you come! A.— In February, 1574—something near the mid- dle of February, 1574, Q.—You were about two years in town at the timo of this Curry assault! A.—About two years, Q.—I understood you to say that you had never met Mr, Rosowater! A.—I do not know. 1 have never had any personal uc- quaintance with Mr. Rosewater. Q.—You managed to become enemies without ever baving @ personal acquaint- ance! A.—I presume 80; the animosity grew out of the Hitchcock tight previously to this assault. Q.—This assault took place in February also! A.—I think so. Q.—Thers was no election until tue next spriug? A.—No, sir. We went then for two or three years—two years at least. Q.--You espoused Hitcheocki u friend of Senator Hitchcock., Q~And Mr. Rosewater opposed bim? A.—Mr. Rosewater opposed hum. Q.—You used you intluence and your po- sition o support the senator/ A.—I used my influenve. (la.A—And your position, tool not, Q.—Will you draw the difference between your influeace aud your position—a stranger here in town and not 1o the city but about a year! A.—I do not kuow how I can draw the difference or the distinction’ between the influence and the position, Q.—Wnat influence you had uired io two years you uould cast for Mr. Hitchoocls that would make no dilference to Rosewater! hA,—l do not know how much influence [ did uve. Q.—Do you mean to say you did not exer- cise the influence of your offite in behalf of your candidate! A.~Ido not know that 1 used the influgnce of my office. Q.—1)0 you meau o say you did or did not! A.“Ido ot think did, .fi —Nothwithstanding the gfact that you hi uot beea exercising the influence of your office you ran foul of Mr. Rosewstor{ A —Everyoody eise dia, as 1did. Q.—~You believe he ought to b driven out A.—1 was A.~I think of town? A.—I am perfectly wiiling that ho should live here. Q—You say he did: not* have a friend 1n town! A.—I never shiyl 0. I suid I incurred enmity as did evorybody eise who was in r of Senator Hitoldock. He paid some attention to you in his newspapor! A.—He did almost continuously from the beginning of my coming here, Q.—That was becwuse you took an sctive part in_politics? A.—Yes, sir. Q.—Notwithstanding the fact that you ware holding a position for the government of the United States you still took an active part in politics! A.—Yes, sir. Q.—Mr. Rosewator did not like that! A~ 1 presume not. Q.—Mr. Rosewater had a shrewd suspicion you wore using the influence of your office to advanco the interests of your candidate! A. —1 o not know. Q.—You immediately plunged into the vor- tex of politics on coming hore! A.—I do not know that I did; Ttook & part in the fight in favor of Senator Hitehcock Q.—What part did you take! A.—I think 1 done everything legitimate and fair in favor of his election. Q.—~Everything that was legstimate and fair! A.~I will give you the* statement about this position, because I never dictated or coerced a singlo employe of the railwuy mail service contrary to their views, Q.—Then it you did not it would not be necessary to sco them at all if their viows were all one way! A.—It was not necessary to bothor with ther Q. —It was uot necess. to them! A.—No, sir. Q.—If you did not coerce them contrary to their vieivs, then thotr views were the sime as yours! A.—A very largo number of the employes were appolutees of Senator Hitch- cock's, It was not necessary to say anything? 0, sir. Q.—Then it was no interest to you? Not a great deal; no. Q.—Didw't you relieve mail clerks on the road and put substitutes in their places whenever you wanted to? A.—Not unless there was a logitimate official reason for it. Q.--So in _the course of this fight the Curry incident came about! A.—It was during the fight. Q.—Do you say you never had any conver- sation with Mr. Porter at all aboutit! A.— 1 do not recall any conversation with him. Q.—Mr. Porter testified to it before the grand jury? A.—Before the— Q.—He tostified to it! A.—Certalnly. ~—Do you say that no such conversation ever took place! A.—I do not think any such conversation ever took place. Q.—You say there was a rumor in the strect that he was going to be assaulted! A, —There was & rumor on the strect that Curry was desperately mad because of Rose- water's attack on him. Q.—Was there a rumor on the street that he was going to be assauited! A.—There was a rumor on the street in regard to Curry. Q.—That he was going to assault Rose- water? A, —Yes, sir. Q.—You heard ot that! A.—Yes, like I heard of a hundred others of that kind. Q.—You were acquainted with Curry? A. —~TI never met Curry but twice in my life, aud I never was ip any sense intimate with him, or what you might call well acquainted with him, You heard Mr. Miner's testimony? A. —Yes, sir, . .—Did you with Mr. Miner exercise your influence on Curry in the Hitchcock fight? A.—No, sir; in no way, shape or form. .—Was Miner against him? A.—I think not. |Objected to as improper. | Q.—You will not say now whether or not you ever had that conversation with Portor{ ‘A.—I do not recail any such a conversation. Q.—Will you say you did not have it? A.— I do not say I did not; Ido not remember having it. 2 Q.—Will you say whether you did or did not? A.—I say simply what I said in the be- ginning—1 do not rccall any such a conver- sation, G —Wasn't 1t charged the assault that vou “hod this conversation with Porter; that this card was going to be published: that Mr..Rosewater was going Lo be assaulted if ne answered it! A.—I do not remember it. Q.—Do you think it ‘was charged? do not remember. Q.—Don’t vou know: it was testified to be- fore the grand jury? . A.—I do. not recollect that testimony; I did nov bear the testimony before the grand jury, oxcept my own. .—Don’t you know that as Mr. Baldwin says it was puvlic property? A.—I never heard any such a thing in my life, Q.—You heard all the other rumors, but did not hear what applied to yourself! A.— There were a groat many rumors afloat, I never heard that I was counected with 1t, except through Tre OManA Bee, Q.—When you heard of it through Tre Omana Bee then did you recall whether you had the conversation with Porter! A.—I do not remember his publishing that Porter had %0 stated. [ do not remember the publica- uons in THE BEE at that time except the general assault, Q.—Didn’t Andrew Rosewater write a card and charge you partly with inciting the assault? A,—I do not remember the card. Q.—Lattle things of that kind escape your memoryi A.—I do not remember that card, Q.—1It escapes your memory now! A.—I do not remember. that Andrew Rosewater wrote such a card. Q.—You do not rometmber, but you will not say whether you had such' a conversation with Porter or noti A —I cannoy recall it. Q.—You told us yesterday yod did not have any conversation with your clerks! A.— What I stated in regard to that—I stated that 1 have very little intercourse with tho rriors in the postoffice. I had nothing to do with the carriers then or aow. Q.—r. Dahlstrom did not say you spoke to him; you spoke in his presence! A,—I do not recall that. Q.—Youwcannot recall chuckling with gleo over the fact of the assault? A.—1 did not chuckle with glee, Q.—You did’ tot utter any lamentations about it A.—I did not lament. Q.—Nor would not if he'had killed him? A.—I will answer that if you want it an- wwered. Q—I want it answered. A.—I never wanted any such calamity to happen to Mr. Rosewater, I have not that spirit of malice towards Rosewater or any human being nn this earth, . Q.—You were down in 18871 A.—I was. Q.—Before that did you ever attempt to assault Mr, Rosewater yourself? A.—I re- y tosay anything A inmediately after A—~I in Lincoln ,member one time in the Paxton hotel When ‘he made some remark to me, I caught hold of him. It was no assault, Q-—Didn't other parties Interfero to pre- vent an assault! A.—I think four or five of his henchmen ran in. * Q.—To prevent your assaulting himi A. —1 do not kuow what they ran in for. Q.—Who were those henchmen? A,—I do not remember now; he generally nad a mobh around him st that time, Q,—And you call men hencnmen and all that and yet you cannot name one of them— ©a0 you give us the pame of one of them? A.—No, sir. 2 Q.—Was Hen Wood therel A.—I do not rewember, £ib .—Is Ben Wood of the bank a henchman of Rosowater's! A.~l do not know, He was u partisan i Ui Hiteheool Agit Q.—Was Al Patrici there! A.—I do not remember him, : Q.—Was he a benchman of Rosewater's! A.—He was a partisun in the Hitchcock flu‘s\'.. W .—Who else, dp you remember, therer A.—I do'not Htbumber who ols, Q.—So that everybody that differed from You was @ henchman of Rosewater's! A.—1 do not meav to infer;shat ut all. Q.—Who is Ben Wood! A.—Ben Wood was then connected With the Merchants' bank, % was Q. he counected with it now?! A.—I think s0. But I do nourecoliect Mr. Wood's presence, Q.—You say the grand jury were all Hilobcock ment A luy’xl vas un soti- Hitchicock jury with scarcely & siogle excop- Q.—Didn't you say you aidw't have a friena on it A.—I do uot thiok I hag a per- soual friend on that jury. Q.—Who called the grand jury? A,—Mr. Hurley, the sheriff of the county. 'hgr.-‘a u')hu villll( ;!':a jmh';. um.‘ orAiarad ;hu cul ran jur) —Judge Savade, | think, © i » Q. —Wherp was Mr. Rosewater! Reputed to be gt bis house. Q. ~Suffering 1o his bed! A.—There was a grave doubt about it. - 1t was supposed that he was ediliog bis paper st thal time, Q.—Do you want this court to understand there was & grave doubt that Mr, Rosewatef was injurea at allt A.—Not that be was in- jured, but thae he was seriously injured, hore was, Q. Grave doubts! A.—~Very. . —You were here whea Dr, Coffman tes- tiffoa ! AL was. A~ . working and a: JANUARY 25 Q.—Have you any doubts about his testi- mony? A.~No, sir: 1 have tho utmost re spect for him. ¢ Q.~Would Dr. Coffman’s testimoniy raise any doubt in your mind as to Mr. Rose- water's condition! A.—1 do not know that it would . Q.—You simply throw that out as a fling on Mr. Rosewater—that he was editing his paper What 1 mean to say 18 that the paper bore all the carmarks that o was editing it—his adjectives, etc., that he had alivays used, Q.—Wasn't lus brother editing it do 1ot know. Q.—Didn't his brother publish a charging vou with inoiting the assault! know some adjctives were in there that were in thero for sixteen years. Iknow what I surmised at the timo. Mr. Rose- water's style is protty well known in this town. Q—\What refers to yoursalf you do not collect? A—I do not recall that card Q~—You were beforo the graud jury? Yes, sir. Q—And Mr. Yost? And Mr. Miner! A=l card A— A A—~On a certain point that I testified to yes terday, Q—\Va h a membor the geand jor, on the jury Q--Did hie charge you in the Herald of this city with lying before the grana jury! A— He made a charge of that kind, Q.—And snid that he would not belie you under oath—didu't he say 8o in the o umns of the Herald of this cityi heard Mr, Goodrich testify before the post office investigation to whut happencd before the grand jury. Q.~Were you a roader of the papers at that time! A.—I read most of them. Q.—Did Goodrich make that charge. A.— Ithink he mado it, and I think Rosewater made it. Q.-~Was Marsh Kennard a member of the grand jury! A.—Yeos, sir, Q.—Wasn't ho @ good republicant A.— Thay were nearly all good republieans. Q.—Was Kennard a friond to Senator Hitehcock! A.—I think ho was. Q.—7hen we have got one man who was a friend to Senator Hitchcock! A.—~What 1 sald is that nearly all the members of that grand jury were antisHitehcock mon, and 1 had no particular persoual friends on the gravd jury. Q.—Mr. Rosowater grand jury at all! A.—1 did not see him. Q.—You and Yost and Miner differed as to your testimony—you differ with both? A.— In one respe Q.—Isn’t it u fact that more than half of them wero democrats, on the grand jury, that did not have any interest in this fighti A.—No, sir; I think not. Q.—What is your best recollection about that?t A.—I cannot recollect the politics of them all, but they wero partisans of Mr. Rosewater and opposers of Hitcheock, Q.—Wasn't (hbson a democrat! A.—Yes, sir; and u partisan of Rosowater. I13oth of those men were. Q.—Wasn't John Clark a democrat? A.— Johu Clark? Q.—Aund Mr. Hitcheock republ of was not before tho Marsh Kennard was o n? A.—But a man with whom I had no acquaintance or friendsh Q.—You were but two years in town; y wero using your influence at that time! A. [ was doing all I could for Senator Hitch- cock. Q.—When did you leave tho railway servico as chief clerk! A,—In 1833, * Q.—What did you do after thati will give you a full history of everything connected with myself, if you wish it. In 1883 and the major part of 1834 T was con- nected with the National Tribune in the city of Washington, and most of 1884 I was ciated personally with John A. Logau in his campaign for prosident. In 1885 1 was employed by the Union and Cen- tral Pacific to secure the location—in 1585, to sccure the location of the Graud Army ‘national encampment at San Francisco, and after the encampment was secured 1. 1886 1 was employed by the same railroaas to secure the travel over their lines to San Francisco. Q—You were working for the railroadsi A.=1 was working for the railroads at that time. Q.—In 1877 what railroads were you work- ing for? A. —My employment with the Union Pacitic continued until January 1, 1887, when it ceased. Q.—Then you went to tho legislature? A. —I1 went down there in the senatorial fight. Q—You were employed by the railrouds in the senatorial fight! A.— No, sir. Q.—You were not! A.—No, 8ir. Q.—Didu’t you huve anything to do with the railroads in the senatorial fighv! A. No, sir, Q.—This was in 18877 A.—Yes, sir. Q.—You were notinthe employ of the {lroads? A.—Not 1 the senatorial fight. Q.—Were you in the empioy of the rail- roads? A.—T will give it to you— Q.—1I am asking if you wera in the employ of the railronds in 1887—just answer the quostion—in the legislature of 1887 were you in the employ of the Union Pacific railfoad or any other railroad! A.—Not during the senatorial fignt. At the close of tho sena- torial fight Mr. Thurston asked me to re- main here in connection with his affairs, for being engaged in the Laucr trial and sick- ness in his family, he could not be there all the timo and he asked mo o romaim and I aid, mail A.—~1 You took his olace virtnally? was not there to supervise it . Q.—He asked you to remain in charge. A. —IL'do not know that 1 was in Thurston's place; he asked ma to remain there, Q.—For what purpose! A,—I was asked to remain there to take charge of the fight to amend the Omaha charter, Q.—And the Omaha charter bill was never brought on for the purpoee of procuring rail- road legislation! A.—No, si Q.—Mr, Thurston was professionally in- terested in the Omaha charter, wasn't he? A.—He was a citizen of Omaha, and Mr. Poppleton was interested m amending the Omana charter. Q.—He was willing to go down there and to pay you to stay( A.—He asked me to re- maiu there to look after his business. Q.- -Did-you receive pay for iti A.—Of course. 3 Q.—From whom! A.—The Union Pacific —no, from John M. Thurston, Q.—Wasn’t it from the Union Pacific rail- roaa? A.—I will tell you the whole story if you want it, Q.—You recewved pay from the Union Pacific railrond? A —1 recoived pay—— Q.—Answer the questiom—you were there representing Mr, Thurston and received pay from the Union Pacific railroad? A.—I re- ceived pay from John M, Thurston, Q.—Yon stated & momant ago from the Union Pucifici A.—from Thurston, Q.—What was Thurston at that time? A.—General attorney for the Union Fucific raillway, Q —How much pay did you receive? [Objected to as immaterial; objection over- ruled.| A.—¥ think ivamounted to $200 a month, Q.—How were you paid, by chuck or by cashi |Objected to as immaterial.| A. had just as leave tell; [ have notbing to con- ceal. [was paid by check, sir, from John M. T'nurston, . Q.—How much were you paid in allf A,— 1 think 1t amounted to about $200 & month, but I do not remember the exact amount without my books. Q.—Were your expenses included in it? A.~Yes, sir. Q.—How long were you there, a month? A.—1 was, mcluding the senatorial tight, which Was not a part of my employment. I was there during the session of the legisl ture, which lasted from early in January unul about April 1, Q.—While you were there you say you met Sumner Johnson? A.—I met Sumuer John- son. Q.—Did you iostruct him to write up laudatory notices of Chairman Russell! A.— He perbaps said something to me about it, but he got these instructions or this notice from Handall, who was in the army with Russell, Q.—Did you give him instructions to write # laudatory article of Mr, Slater! A.—I may have sald something to him about it; I do not remembver the facts now. Q.—You furnished passes to members, you say!{ A.—I bad no charge of the p: lbhl)ra. Ioccasionally got passes for i ers. Your language yesterday was that you furnished pussos to membors? A.—Not to members: the members all baa passes. Q.—Time passes you said! A.—VYes, mr, Members ocoasionally would ask for passes ;ur ';:mh‘ friends or for memvers of their aw A.--1 .—Through what agency did you get theret” A.—If Manchester was there I got them from him. Q.—Your idea is that where a member has & time pass, llx'uu get him a pass for his family it would have o influence on himi A.—I'would bave but hittle respect for & man who would be influenced 10 that way. Q.—Ou un ordinary granger it Uas uo iu- fluence! Al do ot think it would have any influence on them any more than auy. body else. Q. —Grangers of the type of Russoll would not bo influenceda by A pass for his friends and family? A~ do not think Russoll could bo influenced by a railroad pass. Q.—You hoard Mr. Johnson's tastimony that hie saw you in one of those rooms where liquor was dispensed fraoly and no_pay, i the Capital hotel: is that traet A.—What isthat! Mr. Johuson's tostiniong i regard o bang in & room where liguor was dis- pensed—I heard that, Q.—Is it true! A.—T do not recollect being in a room whore liquor was dis ponsed without auy pay whoo ho was pros ent. Q.~Do you recollect being in a room where liquor was dispensed with pay! A. Not in the Capital hotel. oxcept in passing through tho bar or something of that kind. Q.—Woro vou in any other room other than the bar, with or without pay! A.--[ have been in places where they had liguor in private rooms at tho Capital hotel Q.—In talking about the Omaba ch you said yestordny very froquentl changod that,” *“We put in a provision;" who do you mean by “we !’ A.—[ mean the gon tlemen there who wera in favor ot amending the Omaha charter —numbers of th Q.—Numbers of them, were thor of amanding it A.—Yes, sir. Q.—You v pposed to anything you thought Rosewater hiad nn interest in{ A No, not that; not necessarily that; wo wore opposed to anything o the chartor that wo thought he wantod that was considered ab- solutely wrong. Q.—\When you took this charter to havo it fixed up you brought it to Chiarley Girecne to draw ity will you give us a roason for that! A.—~The metropolitan provision ! Q.—Yes, sir. A.—I went and got tho Oho statutes of a certain session which em braced their metropolitan polite provision passed after the Cincinnati riot, The charter had to bo passed by a certaiu timo in order to have the city election on & cortain dato, We intenaed to copy all that provision, [ think, which embraced the wholo police subjoct, and there was fourteen or fiftecn pages of the statute, and we had no time to do 80 and took it to Mr. Greeno bscause ho was 6 good lawyer. Q.—\Who was a railroad lawver! A.—Mr. Greene is connected with tho B, & M. rail- road, [thivk. Mr. Greeno was there and I simply took it to him and he drew tho en- acting clause of the metropolitan polico pro- vision, which, 18 now iu the charter—and done it from that Ohio statute. Q.—There was a metropolitan police pro- vision in the charter alreudy, was thero not! A.—1 do not _recollect—not s complete as that, appointing a commission, etc. Q.—You were in favor of taki away {ron rier, “\Wo in favor the power the mayor and city council of Omaha and investing 1t in the wovernor at Lincoln? A.—I am decidedly in favor of o polico commission as established today in this cit ou were in favorof taking the power from the mayor and council of & metropoli- tan city and invosting it in the governor of the state at Lincoln? A.—The appointment of a commission: I was. Q.—You were in favor of taking the power out of the hands of the mayor of & metropol= itan city, and the councilof the city, and putting it in the hands of the governor at Lincoln! A.—I was, Q.—You say you were 1n favor of a rml road bill that had been passed and that is now on the statute books¢ A.—I did_sup- port it; the very law we huve on tho books he bill that the others did try to poss, . Rosewater was in, was a totally different kind of a bill{ A.—I never under 8t0od that Rosewater wantod any railrond legislation at that sossion; [ understood the contrary, that he wanted to keep up the agi- tauon and not have any railroad legisiation atall, Q.—To keep up the agitation and not have any! Yes, sir. . —There was a maximum rate bill intro- duced in'the legislature! A.—There was a maximum rate clause in the bill that you al- lude to, Q.—Did you fight that? A.—1I was opposed to it in the form it was in there. Q.—When you were opposed to a measure down there whai was you modus operandi; what did you do while you were represent- ing Mr. Thurston! A.—I conferred with members of the legislature just as Mr. Rose- water did - when he was opposed to any- thing Q.- Where did you confer with them? A. —At their rooms and at the lobby at the Capitol hotel, and other places. Were you ever av the room of Craw- A.—I have been in his room once or Q.- Was Crawford 8 lobbyist? A.—Mr. Crawford did not have much of anything to do down there. Q—Was it ever your zood fortune to reud his testimony taken before the United States Pacific Railway commissiof A—I read it Q-—Didu’t you think that he thoucht he gig a great deai down there? A—I think ho id. Q—Did you cousult with members of the legislature in his room? A—N 1 did not occupy his room at all for any purpose of that lkind. Q—Where would you usually go when you wanted to sec a member of the legislature and operate on him? A -—~The majority of them in the lobby of the Capitol hotel. Q—In the lobby of the Capitol hotelt A— Sometimes I weut to their roowms, and some- times somo of them came to mine. Q.—As a matter of fact,a| e discussions vou would have about these bills would take place in the Capitol hotel; wonldn't they: A.—There and other places. yourself! A.—I never went on the floor to use any influence with mewbers of the logis- latnre, Q.—What was Mr, Poppleton fighting SCRIBNER'S MAGAZINE forFebruary | | Q.—You didn’t go around the capitol much tho chartor torl A, —Me. Poppleton, in the first instance, would not have opposod the Omaba chartor at all, 80 far as 1 know b views, if the original chartoer reported by the committee of fiftecn had boon adhorod to, but when Mr. Kosowater and tho Douglas delegation insarted othor dhings that ware not reported by the committee, Mr. Popple- ton concluded that absolved him, and thereupon made war to amend the Omaha charter, Q —Was the raiirond part chanwod in any way! A.—~The radroad part, I think, re- mained as it was reported by the committes of ifteon. 1do not waut to talk for Mr, Poppleton hore, but Mr. Poppleton would never have opposed the oharter, thati s my understanding, bad there not been additions m{.\h' to it after at left tho comuittee of fiftoon, Q. —After leaving the committoe of fiften it Wwas on consultation of the Douglias dele- gation of tho legislature that the changes were made f 1do mot kuow how that wasi | was not prosent. Q —You wero opposed to the park provis. iont A.—I was opposed to tho power of eminent domain jn that charter, which allowed them to go tou miles outin tho thirty miles limit, over in Sarpy county, to condemn property for park purposes, aud because oer- tain gentlomen in this town had a park thoy wanted to locate, Q.—That was somo domoorat, wasn't it that bad a pack! A.—It was not u demos erat Q. ~Who was the cortain gentleman! A,— 1 do not know that I know the names of all of thom . Q.—You sy because certain gentlemen of this town woro 80 aud 80, you wore opposed 10 ity who wero the cortain geatloment A, — 1do not say that was altogether tho reas Q.—Who were tho certain gontle [Objectod to, us immaterial; objsction tuined. | Q.—Wasn't tho commission bill adopted as a substitute for tho maximum rato bill! A.— The prosent law, yes; tho maxunuu rata bill contained a provision for the board of trans. portation. Q.—Wasn't the commission bill tho bill that the railroad people wanted passodi A, — 1 know one raidronl company that dign't want it; I think only one, though, and an- othor didn't. Q.—What railroad company is that thav wanted 1l A.—L shave uo personal knowls edge in regard to it—only what I hoard Q.—I have not objected to your giving what you hoara. A.—Iheard that the Bur- lington road wauted it and the Uniou Pacifio didn't. Q.—And they wore opposed to tho maxi- mum rate billl A.—~They wero not opposed 10 the bill—I do not think the maximum rate was conceracd; that was only a portion of the bill. 1 will tell vou what they favored in that respoct. Thoy were willing that the clause should bo in to allow o commission to make rates in case of actual grievauces, but the maximum rate was & very rigid clauss and the most of them were opposed to that. Q.—Didn't you use your influence down there to provent ithis maximum rate bill bo- coming a law! A.—The maximum portion of that bill, T did. Q.--You were in Washington in 1 1 was, Q.—You had known (tencral Bangs for a long time previously! A.—Geucral Isangs was junior vice comimander in chiof of the Grand Army when I was commander in chief. Q.—Your relations were relations of not only old soldiers, but you wero intimate 38! A.—\We aro intimate frionds, Q.—You nctod for General Bangs in on- deavoring to got Dodlin granite introduced in Washington, didn’t you! A.—Not except at tho last instance. Q.—When was tho last instance! A.— When the bids were mado L went to Maino to secure a proposition from General Bangs and his approval of the gramte bids, and they, in conjunction with Mr. Stout, made a bid for tho congrossional library contruct— made the lowest bid aud secured it. Q.—Theu when tho city hall was to be erected hore then your friend Genoral Bangs bobbed up again to ask your influence to get the Doblin granite in Omahal A.—General Bangs nad talked with me frequently about introtucing bis granite i Omaha. [t was another quarry in. which they were inter- ested, in_the Tirst National bauk, and be had another kiod that he wanted to have troduced hero also. Q.—You talked to Mr. Chaftae and brought him sampies! A.—I brought him samplos in accordance with the speciflcations, and talked to tho architcet. I took the sampl to him. 1 didn't talk to the architect sp ally about it. I auswered any quostions that he asked mo in regard to it. Q.—Don’t you know ns a matter of fact, M. Vandervoort, that it was arranged, even when the bids were made it was understood that none but Doblin granite was to be a * [Continued on Si A— th Page.| RADCY, 4l el SMARK A T HECGREAT REMED\?MPAlN LUMBAGO Bheumatism, Hoeadache, Toothache, SPRAINS, Neurnlgis, Swellings, Frost-Bites, DBRUISES, Sciaticn, Burns, Sculds, Wound: THE CHARLES A. VOGELER CO., Baitimore, Md. is published at nine o'clock today, with a great variety of illustrated articles of timely interest. 1t contains: LIFE AMONG THE CONGO SAVAGES, By HERsrpT WARD, the Explorer. With many striking illustrations from oviginal maverial: JOHN ERICSON, THE ENGIN' IER. By W, C. CHurca. Illustrated A DAY IN LITERARY MADRID. By W. H. Bisuor. Illustrated. HUNGARIAN CASTIL LIFE. By W. . MALLOCK, Illustrated. S RIALS: ‘4N THE VALLEY.” By HAroLD FREDERIC, illustrated by HOWARD PYLE; “EXPIATION,” by OCTAVE TuHANET, illustra- ted by A. B. I'ros AN ARCH ZEOLOGICAT DISCOVERY IN IDAHO. By D&. G. 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