Omaha Daily Bee Newspaper, January 30, 1890, Page 5

oD} - | THE OMAHA DAILY BEE: THURSDAY JANUARY 30, 1890, DB e —— PROMISES AND PERFIDY. The Etock in Trade of Vandervoort's Politicial Chums, LOCBYIST'S RECORD EXPOSED. Mr. Gannon's Masterly Review of the Evidence in the Alleged Libel Case Against Mr. K. Roscwater. A Summing Up. The following is the address of M. V. Gannon, delivered in defense of Mr. Rose- water in the famous libel case in Judge Hels ley's court Wednesday afternoon: 1f the court please: If I were to use all the language of compliment with which my friend opened whon he complimented mo, it would be smd, perhaps, aud jusily, that iohow or other in this case we wero a mutual admiration socie And it imight strike your honor as being as ludicrous us havine Slater and Russell and Brad Slaugh ter coma here to give Vandervoort a cliarac ter. Now, there has been a ereat deal in this case that is in it unnccessarily, and still in a sense could not bo omitted, There is a great deal to unravel and a great deal to bo said, but I hope by the aid of a just cause guided by the Light of truth, to dispel the mist of error and misrepresentation that has been casy around this trial and around my client. It will be noticed in the first instance that no information was filed against Edward Rosewater until he had caused an informa- tion 10 be filed against Paul Vandervoort for one of the grossest and most outrageous iibels what had ever been perpetrated upon any liv- ing human being; not a libel going in- any sense to » man’'s public character; not alibel £oing 10 his asporatious for oflice; not a libel Foing to his standing amongst public men: but a libel that assailed him in his own home; a libel that in truth would make it impossivle that Kdward Rosewater could look his wife and children in the face. And after Vandervoort perpetrated that over his own signature and Major Wilcox gave 1t currency in his paper, they come in here to court, not like Edward Rosewater, not with the justi- fication, nov saying “it is true und we can prove it mot saying that it was done for a good purpose and not maliciously,. but come in here and by their attorneys and endeavor to escape through a technicality. It wasnot Major Wilcox, they say, who published it, it was a company. it was not Vandervoort who wrote 1t, becanse you did not see the manuscrint 1 takn issue with my learned vrother upon the law as applied to this case, The Kansus case seems to have given my brother Mori- arity a great deal of troudle, and his at- tempt to escape from the consequences, if he were not such a good lawyer—of the Kansas case, by illustration, is absolutely ludicrous, Because in the trial of the case, and whilo he testimony was being introduced, brother Mahoney himself admitted that for all pur- poses, as furas this case was concerned, the Kansos consutution was exactly like the Nevraska constitution. But brother Mori- arity says that the truth may be put in evi dence in Kausas, and the truth is a defense in Nebraska, Granted. How does the i lustration help him? Tne Kansas cass does not go as far as the Nebraska case; the Kan 8as case does uot say if you prove the truth it shall be a defense.” It merely pormits you to offer it as evidence,and leave it thun with tho court and with the jury. But the Nebraska cases say the truth isa defense, and not- —wxithstanding that the i{auvsas case does not @ons far as the Nebraska case, notwith- standing that the constitutlon is weaker upon that point than the constitution of Nebrask: —that it is stronger against the defendant- merely permitting bim to in®oduce his ev dence, but not assuring bim when it is ntr duced that ivis a defense; inotwithstanding that, and I must trouble the court with it, the TKausas supreme court says in this vol: ume, and [ cannut repeat it too often: “Gen- erally, wo think a person may 1u good faith publish whatever he may honestly beliove to be true and essential to the protection of his own interests, or the interests of the person or persons to whom he mukes the pubiica- tion, without committing any public offense; although what he publishes way in fact not be true and may_be iujurious to the char ter of others.” "Now, acceptmyg thegistinc- tion between the Kansas constitutionand the Nebraska constitution, the Kansas constitu- tion merely permits you to put in your e dence; the Nebraska constitution says that when it is in, it is & defense—a compicte de- fense when it is in, 10 Nebraska; and not- withstanding, Trepeat again, that the Kansas constitution is weaker in that regard, yet they use that language in the decision of these cuses. But we do not rely, if the court please, ‘wholly upon that, and we might as well clear up that Iaw point now. Mr. Vandervoort, on December 0, 1850, when Mr. Rosewater was out of the eity, Or goitig out of the city, used this language about Edward Rose- water; Vandervoort, this good citizen, this model mav, this mild, quicscent gentleman, this man who 18 good at home, this mun who ‘wants you to believo that he is a saint almost in character, writes this vile libel upon Ed- ward Rosewater, upon the very day that Mr. Rosewater was going to the eust. He suys: ¢ s a libel on bumanity to call him a man; 1t is an insultto a viper to call bim a ser- pent; a disprace to our city that he “lives and hus prospered in its midst} a shame that gentlemen must meet him, ‘The timid shrink and the fearful cringe and bow at his cloven feet. If ever satan had an emissary on the eurth to curso and destroy, to malign and slander, to tear down and ruin, to make a community cry to heaven und hate the name of hell, that enissary is the misshapen, squar, squint- eyed giasticatus, with the disposition of a “tarantula, the figure of atoad and sting of a viper, Known us E. Rosewator.” I refer to the saintly gentleman, loving men with such great love, so troubled about the good of the community that you attend a ministor's meeting in order to onable you to them make the law. Whnen you write = such villmnous things to put in o newspaper it becomes you well, it sits well upon you now to come in here after writing that and to complain of Edward Rosewater because he wrns arousd aud says to the public, *Hehold the character of my slanderer.” What had Edward Rosewater done to call forth this deounciation! There had beena «convention in this city; there had been a nomination—a republican nomination in this “eity, This committee of twenty-eight that are banded together to drive Kdward Rose- water out of town—these good citizens, these men went and broke Lininger's bread and aipped 1t in Liningor’ 1t and then went out aud betraved him; and because they did it Mr., Rosewater called public attention to it, und because he dared call public attention to this, this is Mr. SVundervoort's reply, which I have read to you. He speaks of Mr. Rosewater as a bribe- taier. Has he introduced or dared he in- troduce any evidence here showing that Mr. Hosewater bribed anybody! Not a bit of it; not a bit of it. He cannot produce any; but tuey come down here, whipped ana beaten, and by the skill of a good attorney they at- 1empt to get out of the information against them by technicality. —They will not sit down like men, as Edward Rosewater has come into your court and said : ‘o8, I have id it; 1 am not gotting out of it by tech- nicality; that Tne Bus company is au incor- poration, I am not getting out of it on a tectinicality thut the language of the statute is ‘false and malicious’ instead of ‘fulse or waiicious,' Tam coming here to say to you that [ did say that, and that I had good rea. 800 to gay it.”" The dgifference between the attitudes of defendants in this case is very mwarked—I had almost said very marvelous, But Mr. Vandervoort said wore. On the worning of January 4 he wrote over his own signature in the Republhican: It is time this wWonstrous iniquity was suppressed; it 18 twe that sl men should band together to suppress it. Worse than pestilence, more dread than famine, this vile wretch has for twenty years cursod the town. e has done it wore demage than all causes combined."” He uppeuls to the public to suppre T wunt 1o finish that: it is knowa wan sold out to the corporations aud is daily seen going to the headquarters of a soulless souconda.” . It would make & horse luugh to hear Vanderyoort talk about the headquar- ters of o soulless wnaconda—a professional lobbyist—that even .y friend adwmits. Sl am & member of & committee," said he. “designated to write the life uwna misdeeds of E. Rosewater. We have & vast amount of material, and we desire all those who are in possos. sion of cald facts to send them in, written on one mde of the sheet only. Let all send in their contributions. 1 have no newspaper, but we have one, thank God, in this siate whose proprictor was nover afraid of Kose- water and in which a man can_dofend_him- solf, the Omaha Republican. Owner, Major 2. C. Wilcox. He1salsoa member of the committeo," Hero was a conspiracy 10 Rosewater out of town and Mr. Vandervoort —this good Christian and good citizen, and morai man, who brouzht his laws and ' legis. lation all the way from Cincinnati to govern this state ~Mr. Vandervoort takes the stand here, and upon cross examination swears to you that he has no enmity against Mr. Rose- water, that he does not desire to do him any harm and that ba does not want him to leave, in the face of that very article calling upon the people to.derounce him, calling upon the people to crush him, calling him every name thav his vilo tongue could use—he now comes upon this stand and in his prosecution of Mr. Rosewater hero hesays: *Well, T don't wish him any i1l; 1 don’t wish any harm to anybody on God's earth; I don’t want to hurt him: I don't want him to_leave town."! Now, if tho court please, let me direct your attention 1n such a situation at 10 the law in this case, and then we will clear up the law before wa go any fartner into test:mony: This case is reported in tho Soutieastern Reporter, volume ¥, pag from West Virginia. The title of it is Ch va. Lynch. In this case there were two business mon in town in Wost Virginia and a certain party cawe to town, and ono charged the other with stealing away his customers from him. The man charzed wrote . aenial, the man who made the orig- inal charge sald he would pay no attention to a denial un account of his kiown ch tor asa liarand other words equally bad. I will just read that partof it for yon, bocause it 18 a long case. This is the card upon which the libal was bused—or the two cards really—that called out the libel. Thisis from the mav who brought smt for libel: 10 TUE PUBLIC, CRicmvoxn, Va., March 10, 1584, 4:10 p, m.—“0n my return to the city of Richmond this afternoon from o business trip (having \ ent swoe Saturday last) in the coun: try, my attention has been directed to & com- munication signed ‘R. B. Chafin & Co.,’ and pubhistied in Sunday’s Dispatch, headed ‘A falso Rumor About R. B. Chafin & Co., Real Fatate Awents, Retiring from Busi- ness.’ I pronounce the statement containea in the certificate signed ‘William Harper,’ which 15 published as purt of said card, that Isaid anything which could create the im~ pression upon the mind of the said Harpor that R. B, Chuflin & Co. were out of the real estate business to be utterly and en- tirely untrue, The intimation in Mr. Chafa’s card that H. L. Staples & Co. have ever r quired or expected mo, 48 one of thoir clerks, t0 ocenpy the position of negro hackma and by misrepresentation get our (their) customors, and take them to out-of-the-way boarding houses, thus preventing our (their) correspondents ' from seeing us (them) as a contemptible, cowardly, malicious lie. Davin H. Lysen. The next day following, Chaftin publisned in the same newspaper the following: A cARD, “In reforence to a card signed by David H. Lynch, in yesterday’s Dispatch, [ must say to‘my triends ard the public that in conse- quence of said Lynch’s act of misrepresens tation and his known character as a liar, 1 could not recognize him in the way a gen- tleman should be recogmized. 1 expect to have Mr. Harper, of Michigan, tue gentio man to whom Lynch represeuted my firm s out of business, to testify in my suit against H T Co., and thus sustain the charge made Any man who was scoundrel enough to have ac- ted ns D, H. Lynch was repre sented to me to have acted, would be unprincipaled enough to deny 1t when charged with it. I desire tho public to know 1 could not, under any circumstances, notice such a creature as David H. Lynch, whosa character is 8o well known and did not notice him except as a clerk of H. L. Staples & Co. You are respectfully asked to read the sworn certificate below. “Respectfully, R. B, CitarriN.” Upon that the libel was predicated. Hero is what the supreme court says: *The plain tiff, therefore makes a prima facie case sim- ply by proving the words, whether written or spoken, as laid in the declaration. But the rule is not intlexible. A publication 1s some- times justified by the occasion,—that is, made under circumstances which rcbut the presumption of malice; as for example, ‘when made in good faith n the performance of a duty legal or moral. and with tho honest purpose on theepart of defendant of protecting his own interests. Such instances constitute a recog- nized exception to the geueral rule, and make 1t _incumbent upon the plaintil to prove malice in fact. If, however, malice be shown, then the defense resting on the oc casion of the publication is rebutted; for to moke @ communication privileged, two things must concur: (1.) The occasion must be privileged: and (2) it must be used bona fide and without malice. Therefore, if a communication goes beyond the occasiou, and language is used which unnecesarily de- fames the plaintiff, such language is not con- sidered as having beon used in due perform- ance of @ duty, or in the proper protection of the defendaut's interests, and is not privileged. ‘Ihere are indeed some cases in which the privilege is absolute, of which words spoken 1n his place, by members of tho legislature, or by a judge on the bench, or u witness on the stand, in the course of & judicial proceeding, are exempt. But with this class of cases we are not concerned in the present case. The reported cases on the subject of privileged communications are very numerous; aud they show that whilo the law asto such commurication is well settled, its application to particular cases is often attended with difculty, They also show that the law in this particular was for- merly more restricted than at presont; the rulo having been gradually extended, on the ground that it 18 to the interest of society that correct information should be obtuined as to the character and standing of persons with whom others have business or social relations, so that it is now well settled, and laid down by Baron Parke in the lead- ing case, Toogood va, Spyring, that a com- munication honestly made in the performance of a social duty is no less privileged than one made in self defense or in the protection of one’s own interests. According to these principles, while it is-true that one insult cannot be' sot off aganst another, yet if a man is attacked in & newspuper he'may re- ply; und if his reply 18 uot unnocessarily defumazory of his assailant and is honestly made in self defenso, it will be privileged. The rule deducible from the authorities is expressed by & modern text writer as fol- “*Eyery man has a right to defena b oter against false aspersion. 1t may be said thav this is one of the duties that he owes to himself and. to his family, There- fore, communication made 1n fair self de- fense is privileged. If I um attacked in a newspaper 1 may write to that paper to rebut the charges, and I may at the same time re- tort on piy assailant, when such retort 1s a necessary part of my defense, or fairly arisos outof the charges he has made against me." ‘That is the law. What did Rosewater do? e retorted upon Paul Vandervoort. What did Rosewater do! Absent three weeks, and all the [lrell being full of charges of this sort, What did he do! He replied to them iu an article headed, I believe, **Mr, Broateh,” and he draws tue autention of the public to the character of the man who slandered him. Did he 4o anythiog more! 1In this case, if the court please, the supreme court reversed it, aud sont it back with ipstrucions. 1 don't know what sort of judges preside on the district benches in West Virginia; but notwithstand- ing that the supreme court had passed upon this question and instructed the court what to do, when it went back the court refused to give the instruction that the subremo court said it should give. And this is the case, and you can sce just how angry they were, 1 will now quote from the Southeastern Reporter, vol. 6, No. 6, June 26, 1888, *\When this case was before this court at its March term, 1857, the judgment was re- versed, and the dase remanded to the circuit court for a new trial to be had in conformity with the viows of this court expressed in a written opinion flled with the record. The oase is again before us on a writ of error to a Judgment of the circuit court, rendered on June 13, 1887, and the record discloses tbe fact that the new trial ordered by this court, was not had in conformity with the views contained in the opinion filed as wforesaid, Indeed, instructions framsd in the very lan- guage of that ori n o luying down cer- taiu general opinions applicable to the case, wand which the defendant moved the court to give to the jury, were refused, and we are unable to discover in the record any ground for such refusal. Tobe case was carefully considered by the court when formerly here, wod tae opiaioa delivered on that occasion . | drivo Edward embodied the deliborate sentyments of the court upon every point arising in the case, and it was supposed that they wero ex- pressed with a sufcient clearness to brovent any doubt or misapprehension respecting thom, Effect, however, has not been given 10 thom and the case is here a second time. Among other things the court in ita opinion declared (what indeed is un olementary prin- ciple fully supported by the cases cited) that 1o establish a privilaged communication it must appear, first that the occasion tvas privileged ; secondly, that the occasion was used ina privileged way, that is to say, that it was used bona fide and without malice. It was also said that the first of theso questions was for the court and the second for the jury; and upon the undisputed facts, they appeared in the record, the court had no hesitation in declaring that the occasion of the publication declared on was privileged. Yet, notwithstandiog the facts on the trial, a8 the rocord shows, were subst 1y the same as on the first—cortainly they are not, less favorable for the defenaunt—tho circuit court refused to instruct the jury that the occasion was privileged; and moreover, of its own motion, instructed them in sub stance that if they belioved tho ianguagoe of the publication was not truc and that the defendant did not have roasonable grounds for believing it to be true, and publishied b cause from & motive of ill will, cte.. they should find for the plaintiff, 'This was erroneous, The question for the jury not whether the languace used was truo or whether the defondant had reasonable grounds to believe it o be true, but whother it point of fact hie honestly beiieved it to be true and pubiished it without malace in fair solf defense or in the reasonuble protection of his owi interests and if tho jury belleved from the evidence that such was the fact, or rather if the vlatifl failed to show thut such not the fact, (i. e., if he failad to show ma- lice in fact or actual malice.) then the com- munication was protected and the defendunt. was eatitlod 10 4 verdict, no matter whether the imputations contaned in tho publication were true or false,” “In Todd vs Hawkins, a casaoften re- forred to, 13aron Alderson i summing up to the jury said: ““The question you have to try 18 niot whother the plaintiff was guilty of the charge laid against him, but whether, ulthough the defendant may have acted rashly, he wrote the letter bona fide. The whole 'of the circumstances are before you, and the occasion is one which prima facie justifies the letter. If, howaver, the defend- unt has availed himself of the oceasion for malicious purposes ho must answer for what he has done. If, on the other hand, he has used expressions however harsh, hasty or untrue, yet bona fide and believing them to be truo, ho was justified 1n so doing, then your verdict ought to be for the defendant. Refering to privileged communications 1t was said by that learned judge that ‘the oc casion prevenis the inference of malice, which the law draws from ubauthorized communications, nnd affords a quabfied do- fouso aepending upou the absence of actual malice. If fairly warranted by any reason able occasion or exigency and honestly made, such communications are protected for the convenience and welfare of society.” And ‘the law,’ he added, ‘has not restricted the right to make them within any narrow limit." The adjudged cases w0 tho same effect are almost without number, and they settle the law upon the subject be the possibiiity of a doubt, not only or slauder at common law, but eq insults under the statute.”” ‘This statute ulso contains sometling about insults, and 1 read t particularly because my learned brother may endeavor to divert your attention because this statute contains Bomething about 1nsuits. The court says **Not only as to libel and slander at common law, but equally as tc jusults under the stat- ute. For. us was said when the e was first pefore us, tne effect of the statute as it now is since it has been amended is simply to make a certain class of words actionable, and as to which no demurrer shall precludo the jury from passing thereon.” 1 will read the instructions asked by tho defendants and the few words the court say about it: *'1. The jury are instructed that the law is that every man has the right to defend his character against false aspera- tion; that it is a duty that he owes to him- and his famiiy, and that 1f he is attacked in a nowspaper he may write to that paper to rebut the charges, and may at the same time retort upon his assailants when such a re- tort is a necessary part of his defense, and fairly arises out of the charges made against him. And if they should belicve from the evidence that although the language used by the defendant about the piaintift was not true, yet that the defendant in good faith be- lieved that 1t was true, and that it was used houestly, without malice, in self-acfense and in the asonable protection of his own interests, that it 18 -its duty to find for the defendant. (2) Under the circumstances of this case, the occasion of the publication by the defendaut of tho language sued on was clearly privileged; and unless the jury be- lieve from the evidence that the privilege has been abused—that is to say, that the de- fendant has availed hiwself of the occasion to gratify his malice against the plaintiff and not reasonably and honestly toact in the per- formance of a duty or in the protection of his own interests—they are instructed to find for the defendant. (3) The jury are justructed that,altiough they belicve trom the evidence that the language complaiued of as used by the defendant in s card published in the Dispatch of March 12, 1884, is not true, yet the defendant in good faith believed it to be true, and that it was used honestly, without malicer in self-defense and in the reasonable protection of his own interests,they must find for the defendant. "The court says these instructions correctly propound the law and ought to have be given. The principle enunciated 1o the first, i e., that a man is under a social duty to p tect his character from falso aspor: when taken in the general sense in which it was intended, is a sound ono and was ap- proved by this court on the former appeal. If the court please, the firat thing your at- tention 1s called to 1s the Curry incident, Mr. Rosewater said in reply to Mr. Vandervoort : “You came near going to the penitentiary for in ally as to ng an assault upon me—an offense h Richard Curry did go to the peni~ tentidry.” Was Mr. Rosewater stuting that which be honestly believed to be true! Was Mr. [Rosewater stating that of whicu he had evidence of the truth! Did Mr. Rosewater faithfully and houestly endeavor Lo get ut the boutom facts of that accusation?! Why, Mr. Moriarity goes on and talks about what the grand jury did not do. That is beside the question -altogether beside it. Mr. Rosewater was in bed. They hurried the grand jury into the work and vhe foreman of the grand jury denounced Paul Vandervoort 1n tho public press as a man whom he would not believe under oath; and Mr. Andrew Rosewater charged him in Tue Bge with this Curry assault. Now, Mr, Moriarity gets up and makes & learncd and lengthy argument on the ground that it was only in- tended for & common assault- -all that was intended was to buffet him—all that was in- tended was to disgrace him—all that was intended was to make a public exhibition of him—but not to seriously injure him. How does that relieve Mr. Vandervoort! If he caused a_card to be published, if he gets a 200-pound colored man to gooutupon the street to buffet Mr. Rosewater, Mr, Vander~ VOOrt 18 responsible for the consequences. And now is as good a time as any to advert to the conduct of Mr. Vandervoor on the stand—his ill-concealed sneer that Rose- water was hurt at all by that blow with the slungshot 1n the hanas of a man who weighed two hundred pounds: his insinuation that he was_editing his own paper, until I tripped him up when I asked him what he thought of Dr. Coffman's ovi- dence when upon the stand. Vaandervoort laughed at and made fun over the fact that a big man weigbing 200 pounds should take a slung shot and strike this little man, K: ward Rosewater, on the street and beat him into insensibility; and this same Mr. Van- aervoort comes upon the staud and with a ys: "0, he was editiog his paper all those wero his adjectives; those were his aajectives I saw in the paper.” He was reading the paper so closely that ne could recognize Rosewater's adjectives and At the same time swearing that be could not recollect whether Andrew Rosewater had written a card published in Tue Bes charg- ing him with 1inciting the assault upon his brotfer, He was swearing to the very ad- jectives and sentences as being Edward Rosewater's, and at the same momeat he said that he pelieved Mr. Goodrich had written an article concerning him, but of course, tie paid no attention to it; not at all Why should het He had had his satisfac tion: he had set on Curry; Curry had dove his work—with what ill, too much or too little I cannot say. 1do nov know just how much Mr. Vanderdoort wanted Mr. Rose- water to be hit. But does Mr, Vandervoort come upon the stannd and deny thut be had u conversation with Mr. Porter of that pur- port! Notatall, Mr, Porter “They said & card wus woing to be pu ed —that Mr. Rosewater would be assaulted if be swered it and that be would be ussaulted if ho did not answer it Now, what was Mr, Vanderyoort's answer t that! He would not say he did not ‘trave that conversation, but ho does _ xot recollect it What a convenlent memory! It would not do to furnisk Mr. Vaadervoort the cold facts againt Mr, Rosewater, Perhaps by and by he might forget them. It would not do. There Is nbuse of writing on one sido of a sheet to M Vandervoort, because he might foret thoma cold facts, He has & vory treacherous momory. Mr, Dahlstrom comes in and swears thon the stand that Mr. Vanadervoort and othecs chuckled with gleo and exprossed their satisfaction, although he could not give their words, at the brutal assault made upon M¥ Rosewater, nder. voort never talks tohis clorks. He doos not say that he did not express his gles, but he does not recolloct—another instance of great loss of memory. Me: Baldwin, the lawyer who defended Curry, comes upon the stand and when asked the question whether or not from his knowledge of the case, and his in timacy with the facts of the case, ir, Rose. water had or has reasonable grounds and honest grounds o believe that Vandervaort incited uhis assault, what does Mr. Baldwin say! Altnough it was gacbled in the Repub lican uext morning and the answer uot printed in full—what does Mr. Baldwin say ! ell, if he knew whatI did, | think he 1f he know what I did,” the old maun ink he had reasonable grounds and honest grounds to beliove that Mr. Paul Vandervoort had incited the assault upon him.” Now, was th ever a case—did your honor ever hear evidence 1 your life—1 am confining it now just to that ono incident of Richard Curry—that 18 more conclusi®o as 10 the facts than this case! What have they offered in rebuttal of it! Nothiog save Mr. Vandervoort's bure assscrtion that ne could not recollect. Have they offered anything n rebuttal of old man Porter's testimony, the gentloman who said tnat Mr. Vandervoort did not need very much oil for his system! Fe comes upon the stands and swears that Vander voort told him the card was going to be pub. lished, the assault was going to be mad and that the assault would be mude, 0o mat: ter whether Rosewater answered it or not. Can there be more conclusive evidence any. where,and his ratification of it afterwards, and the testimony of Danlstrom, and tho fact that Porter 1mwmediately reported it to Andrew Rosewater! True, they might not ave meditated murdering him; but what care we, for the purpose of this case, what was in their infamous minds atthat time. U'rue threats had veen made against Mr. Rosewater before, and Andrew Rosewater may have thought ihat 1t would blow over; but thero is not a word i eviden oing to show that Andrew Rosewater communicated it to his brother: not u word—not one soli- tary uttlo o1 evidence that he communicated brother. And then Mr. Porter goes the grand jury, and Edward Rose water is Lot yet up —but forsooth he may bo editing his newspaper aud otting in those wonderful adjecuves that Vandervoort so readily recognized—and Mr, Porter goes be fore the grand jury and swears to these facts, and the foreman of the grand jury also makes the charee, and Andrew Rosewater writes a lotter hinself and cnarges him witi inciting the nssault. The Lord only knows what motives actuated that grand jury. That grand jury was faitiless to their duty or on the testimony sworn to by Porter and iibson they would have indicted Paul Van dervoort. But for the purpose of this case and Mr. Rosewater’s belief, and his honest belief, it makes no aifference whether they indicted him or not. What is th> next? Next Mr. Rosswater vs 18 that Vandervoort is a procurer for railrond legislation. Well, what are the the facts! Mr. Vandervoort out of his own mouth tells you what the facts are. He be- same employed by the Ceniral Pacific rai oad for what purpose? To use his intlueuce with his comrades of ‘the grand army for what!—and paid for doing it—to bring them away out to San Eraucitco lo havoa national encampment 8o lha! the roads could have the long haul of patriotic soldiers whom he loved 80 much. He was employed for that purpose: and then heé’ cowes back and ho oes down to the legislature at Lincoln, and he suddenly becomes a public benefactor. He is enguged in ull sorts of legislation; and wonderful to relate there 15 oue thing that himself and Mr. Russell are considerably worked up about, and ‘that is the power of eminent domain, Now, vour honor has read tha books und you know what emmert do- main means. What on earth had the power of eminent dowain to do witn Paul Vander- voort and Mr. Russcll: Property can be taken and coudemned for public purposes upon a just and fair valuation being paid anywhero. I suppose that it Paul Vauder- voort or Mr. Russell lived in New York every time they endeavored to add an acre to Ceutral Purk for the benefit of the poor of tha city so their children could go out there and roll in the grass and play, why, they would bob up in some council or legislature and say “Oh, no, We won't iet you condemn that, we won’t let you pay for it, because we are opposcd to this power of eminent do- main.” |Laughter.] If it were only a rail- road that had been surveyed out here right through o maw's farm, by his front door, in the middie of the street, you would find Vandervoort and Russell running around getting that land condemned for the railroad to a'dead certainty, and they would not be at all troubled about the power of eminent domam. |Laughter.| Not a bit. Irather believe my brother Russell when he said he was a lawyer bul not much of a one, when he talked about eminent domain. What then, was Mr. Vandervoort doing! He was down at the legislature at Lincoln—left in charge by John M. Thurston. There were several other poople there, some of whom I donot like to aud will not apeak of disre- spectfuily. ‘There was my friend Gurley. He was down there at the time. Now, Will is one of the nicest boys tnat ever lived, and I'like him as well, perhaps, as 1 do any member of the bar. 1 shall have to go over his testunony, not to discredit him, but to sbow that Vandervoort was running the machine. One of the most extraordinary coincidences in this book (the testimony in the Pacific railway investigation) is that all of them got $400 down there. Mr. Vander- voort got $2)0 a month; Mr. Crawford gov #400 and Will got $400, and their memories are so extremely treacherous that it is abso- lutely hmusing. When Ltake up this matter concerning Mr, Gurley you will perceive that it is only for the noccssary purposes of this case. I take him up tenderly, Handle with care; Fashioned so slenderly, Tut a question mark there, Young and a brunette, Laughter. | % will draw your attention to page 1303 of the book entitled “*Testimony vaken by the United States Pacific Railway Commission, appointed under the act of congress ap- proved March 3, 1887, "~ to the testimony of Mr. Crawford who swore before that commission that he went down there before the legislature of his own volition and just as a sort of patriot 10 help the road out. ~ But the funniest thing :ln;o\n. it is that when he got through he gou H00. Q.—Were your salary and expenses iu- cluded in the aggregate sum of §1001 A.— ‘Phere was no salary, agreed upon. [n fact, there was no understanding or agroement bitween Mr. Thurston and myself or any one else as to compensation, Q.—What was the $400 for? A.—I do not know; I honestly could nov teli you; I can Eive you an opinion. Q.= Was it a gift Q. —Had you any Thurston ! I had not. Q.—What induced, him to give you $i00¢ A~ presume it was for services thut I bad rondered during tihat sossion of o logisla- ure, Aud then we are, not left in doubt about the: oil roow; here I8 where the oil room comes in; he hiad au entortainment. Q.—Did you entertaln members of tne log islature! A.—Yes, 8ir; Q.—What entertaitimént did you afford them? A.—That whith suggested itself to 10y mind, and that which they scemed to de- sire, Q.—Whau sugeested itself generallyi A. —It depended & good deal on the character of the meu, Q.—As an Ulustration what? A, —Social conversation and anecdotes Q.—That 1s very ioteresting. What elsel A.—Well, fy what you thunk, I am asking you. The A.~I do not know. sgreement with Mr. A.—I stated a moment ago that The Chairman: Wituess: Iam endeavoring to answer you. ().—What other entertainment did "you afford the members of the legislaturet A.— Sometimes I would ask them to take cigars, and, perhaps, drink wine, Qs—What other entertainment? A.—That all that I remember. Q,—Who paid for the entertainment? A, —I paid for some of it myself ndividually, Q.—Who paid for the balance! A.—I" do not know. Q.—How do you kuow it was paid forl A. ~1d know that, except that I was told uo personal knowiedge. Q.—Who told you 80! A.—The propriotor of tho hotel. 1 da not know who paid for it. Q. ~Do you not know that it was settled by the authority of the Union Pacific rail- way company ! A.—I do not know; I have no means of knowing that, and never asked the question. 1 do not know even by here- That is o fact. 11 aid 1 would tell you frank Q.—Wero nistiad by thoss ontortainmonts you at your pense, to vindicate your opinions in the interest of the railroads! A.—I do not know why they woere furnished, whether to vindicate iy own opinions or to vindicate somobody else's, 1 simply state tho fact that I furnished them, and some 1 paid for mysaif, and those I did not pay for I don’t know who did. 1 would state here in cideutally, that there wera others, perhaps, who oocupied my rooms at the tume, snd what they did I do not know. There was on tertainment Turnished by somo of the par- ties, 1 prosume. Q.1 you have a room did, sir. (Q,—Woro your entertainments general in,the room!" A.—Gonerally. Q —Whero was the room, in the hotel or near the legisluturo somewhere! A.—~In a hotel. Q.—Waore you thera tha wholo A.~Most of the time; until within week of its close; a few days close, Q.—Were you successful in preventing the passago of legislation hostilo to railroads? A —That 1 could not answer. I know that the efforts that were made were successiul I could not spoak of wysel, or unything about it Q.— 13y the efforts made bofora the logisla ture, all hostile legislation, or what you ro garded as hostile legislation was preventod ! Legislation inimical to the Union Pacific sailvoad company. Q.—It was all of it, I believ Now. it is not necossary to show any more that Mr. Vandervoort was down therc: that Mr. Thurston. was the paymaster of all of them, und whon Thurston had to come away Vandervoort assumed his place -assumed his place, according to s own evidence. Then was he o procurer for rafiroad legisl tion! Undoudtedly he was. He dare neg deny it. He did not deny it He in= cited the assault by Curry upon Mr. Rosewater and he procured rail- road islation. He v a procurer of lexrislation, for the biils were paid by the Union Pacitic company, and he was chief of the o1l room and men weut from the oil room 10 houses of il fame, aud one of the men charged with going to houses of ill fame from the oil room was on the witness suand nere and he did notdeny it. And it was provea here by Mr. Johnson, whose nams my friend never mentioned—it wus proven hore by Mr. Jobuson that Mr, Slater told lim thiere were fifty-four men in the houso acting offensively and defensively, and he was on the stand und he did not deny it. 1t was said by Mr. Johuson that he came down from upstairs where they had those oil rooms —lown stairs, pretty much intoxi cated. And we allege that Tinglo was 1mpecunious one day ana that tie had $3500 the mnext ; and that is not denied. Tingle and Caldwoell did not come up here to perjuro themselves in this caso. As a public journalist, then, and acting in the capacity of a public journalist, and in re- plying to Mr. Vandervoort's vile assaults upon him, is the communication of Mr. Roso water a privileged communication! Had ho a right so to write! Hud he o right so to say! Had u right to defend his own honor and the honor of his famly? Was ho right when he said that they vrocured railrond legislution at Lincoln—Mr. Crawford, Mr, Thurston and Mr. Vandervoort. 1 have too much respect for the other gentleman to pull him in here voluutarily, I nave chauged my mind about that. [But they were down there. Was he procuring railroad legisla- ‘Was there an o1t room? Were there liquors furnished there for which individuals aid not pay! Was Johnson right{ Was not Slater rigut when ho himself described tho Toom a8 being a sort of bar set up in therot Was old man Porter right when he said he was in there and the thing was sort of run- ning itseif, and that there were no charges? Are these things denied! Does not ME. Slater admitit? Has not Mr. Porter sworn toit! Does not Johuson say that he heard Vandervoort in the room on two or thres occasions and saw him upon othersi And does not Mr. Roscwater swear that when they were holding that orgie in room 30 and he was next to 1t that Vandervoort was in there! And have not we proven beyond the shadow of a doubt that they were oil rooms? Have not we proven that some were brived ! Have not we proven that Vaudervoort rep- r ed Thurston, and have we not proven that Thurston was the paymaster! Has it not been shown, and 18 it not shown all over this book, that he was acting for the Union Pacitic Railway compauy! Isn't 1t a far retort when a man joins a socioty of vwenty- eight—or twenty théusand 1if need be—and says he has joined it and that they have banded together for the purpose of driving o man out “of town, is it a fair retort from Roscwater to say to the public, *‘Here ure men banded together to drive me out of town and [ want the public to under- stand the character of some of the men who Propose driviag me out of town:" Now, if the court please, haven't we dono what the law does not require of us to do! Haven't we proven the ubsolute truth of every allogation in this information? We have not come in here either by techmecaii- t1es or by waivings, but we came in here and presented to you, as an officer of the law, ail the facts in_our possession. Incidentally there came into this cise this matter of Dodlin_granite, because it was iu tbo article. Mr. Vandervoort is an oficer of the government. Mr. Vandervoort is the friend’s fricnd of General Baug's of Maiue, There was not .a bit of Dodlin granite all over this City; not a particle of it in any building; it had not been heard of until this lobbyist and manipulator goes out and goes to council members and to the architect and 10 the chuirman of the committee. And be- hold! the first thing set up in the specifica tions is Dodlin granite, while porhaps there was not one person, outside of Mr. Vander- voort, i all Omaha’ knew there was such a granite. And he gets it introduced; and the chairman recommends it at once; and the thing runs through in the council; and it @ great crime and @ great sin to draw the at- tention of the puolic to the fact that an offi- cer of the national government of the United States is going around hera with samples of granite in his pocket to show it to the city council and members of the city council and the architect, and then after ne has gottten it adopted he turus around and says he was not the agent for it, al- though no ony_else knew anything about it, No one else knew anything at all about it Chaffee had never heard of it. Chaffee swears there was not a hit of it in town, or anything of it, ana Vandervoort comes along and tells you that there is no granite in the town suy way; he wanted to build the town on & solid foundation—a public benefactor— for §200 a month and expenses. He wanted the building done upon a solid basis, And he gets his friend to send you samples of Dodlin granite and they go through the coun- ol and go through it very sickly. How, we do not know. I was proceediug to go into that matter the other day, but your honor stopped me, perbaps wisely. And as ugainst all this and our justifica- tion in showiug up all the facts, they have not gov a thing to offer except to bring u few men on the stand here to testify as to the good character of Mr. Vandervoort. Who are they! They are brought upon the stand ~—two or three federal officers like himself, and a member of the legislature, that as a witness up bere was under a cloud. ‘They are the men who testitied to his character. Where were all the business men of this town with whom he has been acquainted for twelye to fourteen years! But there is no- body to swear to his character but Mr, Peters, Slaughter snd Mr, Itussell-—and, yes, there is one other man, James Creigh' ton. James Creighton is a very good mun, aud he sat himself down in that chair and supposed that ] was going to cross-ex ammne. Well, Tdidn’t, because he also is full of the subject. He does not like Rose- water, and he would cheerfully sit down and give the devii a good character if the devil bad only had a row with Rosewater. That 18 the _only independent piece of testimony that was in the entire thing. [Lauvghter. | Now, your honor, I have gone aver rapidly, much wore 0 than 1 intended, aud in conse- quence of your suggestion, aud from the de- sire not to split my argument in pieces, testimony in this case. 1 have laid down to you what I believe consei- entiously 1o be the law. I have summarized the evidence, no doubt imperfectly, for who could do it justice! We have shown hore that great corporations are guiity of uuboly tawpering with legislatures, We have shown you what n}nin‘ up in legislatures us the produtt of the bribe and the il room and the free pass and bired mercenaries. They g0 to legislatures with prowises ow their fur. own ex there! sessiont about a vefore the ovented! A, ~Almost all tips and perfidy in thoir hearts, and they aro surroun ded from the first day of the sossion until the last day of it by A crowd of men like Thuraton, Crawford ‘and Vandervoort, who get them to betray the honorable Lrust reposed in thom. Tho granaries out here aro full; they can- not be got to market in a season of low prices bocause tontacles of a devil-fish, 1 in & scientific journal of a n has been discovered in clings around from one trunk to another of large trees. 1€ any living thing comes with 1 its influence, it itsolf becomes in A moas- ure animated, and the unfortunate thing that gets meshed in its folds has its ifa blooa sucked up. You have read that the poot says “the farmer jocund drives his team neld, "but merrily a8 he goes to his daily toil i8 0ot for him that the groen and tassled corn waves; the railroad parasites envelopy him and he gives forth the power of musele and of brawn that those who succeedod to the rob beries of Onkos Ames may rovel in splendor and magaificence, Thoy have so treche ously mannged these raiiroads as to enslave aud enthiral the people, whose greatost boast is Uhat they ave free. I8 this the indictmont of railroads waich M Maoriarty would have you anticipate that I was going todo! Notatall. Nono more willing than 1 1o spoax of the wonaerful achievements of the iron lhorse ~the desert traversod and the mountain tunncled. The sinuous and upward pathiway of the Rio Grande spoaks loudiy for tho bluck, enc nd 1utelligent persoverence of the Amorican _people. But hus tho nation done nothing! Havo tie pe plo done nothing! Are those who gave out their monies, their substance and their eucouragement to b held forever as tho slaves of the corporations which they have themselves created ! Nover! Never! Thera was still 0no power 1ot to sho poople ~a free and indepondent pross. 1t cannot be monss ured--tho power they et of a free and nde pendent pross to curb the rascalities of logs islaturs and lash the corrupt, to strike at vica in high and low places, W point out en- cronehments upon and tv be the conservator of the divinely ordainod libertios of a peop What an unspeakable curse 18 a subsidized press—low and grovelling, pandering to the vices of power, hotraying the rights of the may, slimily “covering the rotteness of the rich, und basely exposiag the nakeduess of the poor. N As an oxponcnt of independont journsiism, my cliont,gldward Rosewater, stan s at this bar. He represonts a power thut is not in tho fatuity of princes to destroy. It is not in the venality of legislatures to destroy. In the lahgaage of C Phillips, “Murder it and it will revive, bury itand it will ascend; and any attempt at its suppression will only prove tho truth of its immortatity." From small boginnings hus made Ot land. Eis shirewd hoad, stout heart, and in- domitable will havedono it. Wealth might threaten him: starvelings might slander him; lickspittles plot against him; brutes assauit him: but undiswayoed hoe has Keld out . t them all, until in that palace of jeurualism on yonder hill he laughs at those who envy his well won success, and is not afraid of the frownings of incorporated cupital. Now, sir, Mr. Rosewater has been charged by Me. Moriarity, or ab least by inference, that because he lus a powerful paper he hus used it to oppress and to slander and to annoy peoplo. There is no evidence of it here. As far asthis case is concerned theonly evidence here is that Vandurvoort assailed him y. and that this charg was uever filed until e had called Vandervoort firat to the bar of justice. Your proviuce, if the court please, is to near and determine, To determing hat! If thei be probablo cause that an offense has been committed. To determino whether or not there is probable cause that a jury will hold Mr, Rosewater guilty in this case. \We have come before you with our evidence; wo have submitted our justitica- tion; we have assserted our privil- ego. We have not waived; we have not dodged; we have not stuck upon any technicalities in the And now, sir, if we have pursued our investigations hon- estiy, 1f we have pursued them faithfully, if we have merely retorted upon Mr. Vanier- voort the vile™ sianders which he heaped upon us: if wo merely protected our public and our personal honor and the honor of the grieved and deeply jured family, thero is no offense here, even if we have not estab- lished, as 1 think wo have, the truth of every charge that we haye maae iu this case. ‘We trust that whatever decision you will give 1 this case—iu fact we know it will proceed from an honest consciousness of right—not opposing faction, not deterred by clamour: but from a calm and judictal in- vestigation of all the facts and circumstance in this case. If, in your judiement, Edwar Rosewater should be bound over to appear in the district court, 80 be it. The aceu tion will be cheerfully met, no matter who is charged and successfully de‘eated. If.on the other hand, approving conseience dic- tates to you that this weak and halting charge of libel be dismissed, it will be gladly hailed us a sizn_that justice asserts herself in all her seats in Nebraska, and that venal- ity, corruption and gorzed wealth caunot hope to succeed in a contest with honest in- dependence and an unbribed press. We say 1o you that under tue law, if you are not sat- isfied in your own mind that thereis evi-. dence here upon which a jury wouid convict or ouzht to convict, it 18 your duty to dis- charge Edward Rosewater. He set the machinery of this court in moiion by filing his complaint agaiust Paul Vandervoort. He set in motion and then they jumpea beyond callva him up for what he said in reply to,the villainous article which I have read to you. Anarticle which says that they have ot a society banded together to crush him out: an articls which calls upon the public to aid them in this entorprise; an article which likens him to things worse than the devils in h-| beneath; and then in reply he merely calls upon the publc to judge betwaen him and his accuser, I say that we have justified, Isay that we have proven our side of the case, and that even if we have not proven its absolute truth, we have proven that it was done in good faith, and that it was a priv- ileged communication and that it was @ vin dication of our personal honor. These things we have proved, and having done it and gone through all the expense of submitting our justification to you, it is for you to say now whether Dougias county shall by sad- dled wita furthor prosecution of a charge that, us I said, is faulty and weak, Satistied that no question of porsonal cuse, of par- sonal comfort, no letting down, witl make you step aside from what your oath requires yeu to do in this watter, we submit it to you. 1 you should bind us over for.this defeuse, well and good; but if the evidence and the law satisfy you that there is no case made here, then we confidently rely upon dis- missal, and n that conlidence we rest our case. At the close of Mr. Gannon's speech Mr. Mahoney made his plea for the prosecution, after which Mr, Gannon asked for and ob- tained permission to reply to the county at- torney's eriticlsms of Mr. Sumoer Johnson, Mr. Ganvon's speecn will be printed in full in a later issue. o latoly road W parasite tha Central America; it ddward Rosewater Bre a power in tho Pears' soap secures a beautiful complexion The Great Rock island Route, In changing time on Sunday, Nov. 17, the Chicago, Rock Island & Pacific Ry. have considered every point of in- terest to the Omaha traveling public, 1f you are going to Des Moines, Chicago or any noint east, our solid vestibule Jimited train is just what you want. Leuve Omaha at f.z’,p. m. arrive in Des Moines 9:30 p. m, and Chicago 8:30 a, m,, dimng car {or supper leaving Council Bluffs and for breakfast before reaching Chicago. This traip is also equipped with the fincst sleepers and chair cars made by tne Pullman Co., which lenve from the U. P, depot, Omaha,overy day at 4:25 p. m,, making close connections at Chicago with all trains for eastern points. In addition to this magnificent train we have two other daily trains to Chicago, leaving Omaha av 9:15 a, m. and 5:15 p, m. For information as to routes, rates, time, ete., call. at ticket office, 1305 Farnam street; telephone 82, . 5. STEVENS, General Western Agent. Children Cry for Pitcher's Castoria, When Daby was sick, we gavo her Castoria, Whea aho was & Child, she erind for Castoria, When she became Miss, sho clung to Castoria, Whan shie had Children, sho gave thom Castoria the railroads hold them as in the | GO HOME MOURNING. Lientenant and Mra. Ball of Sorrowing at the Millard. Licutenant Bull of the United States navy, arrived in the city a few dags nga accompanied by Lis wife and daughtor on his way home to Detroit from Japan, where hie hias boon stationed, His little two-yoars old daughter Elizabeth was taken siok with the moasles, which was followed by menins Ritis, rosulting i her doath yestorday. The romaing wore sent to Detroit last night. Miss Lillon Truen died yosworday at her hom 10 (irant stroet, with consumption, Sho was but soventeen years old. The re- maing will bo interrod today at the Holy Sepulchre cemotery, Lizzio, tho daughter of Willlam aged twenty-four yoars, died yesterday at #18 North 'I'wol{th wtreot. The funeral will tako pluce this morning at§ &, m., from St. Plilomena's. Mrs. A. M. Chonoy, mothor of Mrs. T. H, Willett and_ Mrs, Jotn Gordon, diod at her residonce, 2415 Cassius street, at the age of seventy-olght years City School Suporintondent James yester- day roceived intelligence from Des Moinos of the death in thateity of Mrs, Colonel M Bowman, formorly Miss Hattio L. St Who was TOF ten yeara prior to her u which took place five yoars ago, a teacher in the Omaha public schools, and at one time principai of the Pacific school. She was anout forty years old at tho time of her mar. ringe, and one of the most hivhly eatoemed and vaiuablo teachers connected with school circlos here. Colonel Bowman nd saveral children at’ the time of his marriage with Miss Stanford, aince which marriage thore nas been ono child born. A8 a brids, Mra Bowman entered ons of the handsomest homes in lowa's capital city, and from ono coenizant of the facts it is loarned that sho instantly won tne love and high respect not only of tho littlo ones who grooted her with the word mother, but of all tho many friends of her husband. ' Her death will be deeply mourned by many i this city. Mrs. Bow- man died on Jannary 14 Mra. 1. Guernsey, aged forty-nino yoars, died at her residence, 1% Saunders street, at 4 o'clock yesterday morning of consumps tion. The funoral will occur at 2 o'clock this afternoon from the residence. apan Konne Dr. Birney, practice limited to ca- tarrhal discases of nose and throat. Rooms 248 to 250, Bee building. HURTS AND BRUISES. A Doctor Saw It. Lawrence, Ransas, Aug. , 188, corge Patterson fell from a 2d story iz a fence. T found him using St.J Oil freely all over his hurts, 1saw him morning at work ; all the blie spots had gone, Teavivg neither piin, swelling o AT DRUGGISTS AND DEALERS, THE CHARLES A. 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(PERAHOUSE Boyos SIGHTS AND BATURDAY MATINF Commencing Thursday, Jamuary 30th BETURN OF TUE FAVORITES, MURRAY and MURPHY IN THEIR AMUSING COMED S, Our Irish Visitors. Now Musical Selections, Iiu llads, Sougs, Dances ete.,’ ete, Regular prices. Seats on sale Wednesday, R0vDs PERA HOUSER Monday esday . “r |le| esday, MYSTERY AND RUVELATION., EHELLARE e e et . e it Al cnt 1 America These W wre the. lie wost unljue e Fumous Boing whio Walk Dinet. Kollae's Fi Seata will be put the Alr KKells 5 Dk Suan sale Saturday o ing. JOSEPH GILLOTTS| STEEL PENS GOLD MEDAL PARIS EXPOSITION 1839. | Nos, 308~404~-170-604. | THE }0ST PERFECT OF PENS,