Omaha Daily Bee Newspaper, December 16, 1890, Page 5

al THE CUBERNATORIAL CONTEST It Bringg Thre Energetic Imquisitorial Forces Into the Field. PROHIBS LOOKING FOR MOB EVDENCE. While United States and Distriot Judges Swear the Election was the Quietest Ever Known in Omab “Everything is fair in ove and war,”’ mut tered one of the atterneys for contestants in the gubernatorial and state contest, as he propelled his rotund but very abbreviated Torm up and down the shady side of the cor- xidors on tneseventh floor of the New Yorlk Life building yesterday morning. There was something In the windand this man was as mysterious as theodor of Lim- burger cheesoas he endeavored to impress upon the authorities the fact that he *‘really didn’t know what was going on.'? It wasthe time set for the taking of testi- mony in the contest case, but nobody seemed o know anything about whero the testimony Wi to be taken, orat what bour the taking of testimony would commen Mr. Lamb and his partn Lincoln, attorneys for Mr. Powers, were on hand and consulted in @& corner with Mr. Allen of Madison, another of the attorneys for the independents. Mr. Charles Ogden and Mr. Offu!, basked inthe sunshine of each other's smiles and shook nands cordially with the attorneys fromn the other part of the state. Mr. Charles Hall was there from Lincoln and J. L. McGintie, who is looking after the 4nterests of George H. Hastings, the attorney- eneralelect, had left his home at Crete be- ind him. Mr. Goudy was also there to see that his ‘Brother, the newly elected superintendent of ‘plllh|l|c instruction, was not left out iuthe cold. J. L. Webster losked on for a while, but carly becamne disgusted at the lack of system and mado room forsome more patient’ spec- tator. The rotund prohibition attorney announced that he was waiting for the “other fellows,"’ and vouchsafed the information that he did 1ot want totakea snap judgment. 1t soon transpired, however, ~ that he was waiting for tho other fellows, mot to come, but to go, and, as soon as the attorneys on the other side were all in consultation in another part of the building, the prohin Strickler hustled Elmer I, Thomas, the notary, into the little, tucked-up office of Potter & Waring, and in less time than ittakes to tell ita witness was sworn. For the information of the surprised specta- tors, Mr. Strickler stated thatbe merely wanted the witness sworn soas to hold jur diction to prevent the other side frem fre ing out vhe bulance of their testimony W. W. Cox of 250 iding street was the witness sworn, and he was only asked o state his residence and whether or not he r, Mr. Wilson of was an elector in this county at the time of the last election. He was fist called in_ the gubernatorial case,and as soon as the nail was satisfactorily clinched in that, he was ealled in the case of the independent candidates for the balance of the state offices ngainst the ropub- lican cundidates elect. The same questions were asod in each case, K. E. Thomas was notary for the contcstant in the case of Powers vs Boyd, amd Mr. MacLeod was the designated notary for the contestantin the other case. As soon s the witness was sworn _he was excused, and court was declured adjourned until 9 0'clock in the afternoon. 1t was then annouiced that according to stipula- tions entered into between the attorneys the further taking _of testimony would [be concluded in No. 720, the vacant room across the hall, where there was more space, Chairs and tables were moved in, and Notaries Thomas and Cobb, representing the contestant and contestee in the case of Powers vs Boyd, took their seats. The contestees prepared to go ahead with their side of the case in accordance witha stipulation by which the other side agreed that. the first day in this city should be given over to the contestee to introduce a part of his evidence, fnasmuch as the contestant han been allowed tull swing at Lincoln, An attempt to Hlncu Judge Dundy on the wituess stand called forth vigorous opposition on #the part of Messis, Lamb and _Wilson, They held that the place designated for the further introduction of evidence was room 709, otherwise known as Potter & Waring's flice, and they ordered their notary, Mr. omas, toleave the rqom. Thomas started to go, but wus halted by Mr. Howe who objected to & dissolution of the court. Ata look from Mr. Lamb, Thomas suddenly remembered that he had no busi- ness there, and said that he would have to withdraw, as the stipulited place was nCTOss the hall and he didn't know what he: came for anyway. The contestants offered to produce another notary, but the contestees would have nono other than the one p;gsorly desiguated, and aftern wordy but good matured wrangle of several minutes’ duration, a stampede was made for the offico across the ball, No. 709, and the chairs and tables wero all tumbled back again, Still Mr. Thomas was missing,and after the patience of everybody was mearly exhausted, Mr. TLamb stated that they would waive all ob- )&‘.cllmmhl‘llll\l proceed without him before No- tary C ‘obb, Judge E. 8. Dundy was then called and af- firmed as follows : “‘Have been judge of the United States dis- trict courtsince 1868, Ama resident of this city, and voted at the last general election. I voted at the Ninth ward polling Flnue, at Twenty-nioth and Farnam, early in the forenoon. Was there until nearly nioon, and twice during the afternoon, There were about one hundred and fifty persons there all the time. The crowd mnaintained perfect good ovder, There was no quarreling and no disorder of any sort with one excoption, _ There' _wus ous foolish Blow mising a - disturbance on the Prohibition question, and I understood he was working for Benton. Interest all seemed to center in one thing, opposition to the amendment. Thavevoted there ever since the ward was established aud at ull general ecloctions. This was the most omerly one 1 ever saw there, 'There was 10 cortention between the friends of candidates so faras I could see. With United States District Attorney Baker and Deputy United States Marshal Mercer visited the polling places at Sixteenth an Farmam, Sixteenth and Dodge, two or three in the Third ward, and some others. Kverything was quict and orderly wherever I went. 1 never saw it 5o orderly anywhere. There was 0o disturbance except the one I mentioned, aud that was not serious. My object, in 'visiting the polls was tosee the character of thecrowd andsee ifthorewas auy funin sight. The disturbance referred to consisted of threatening somebody who was supposed to be peddling prohibition tickets. I heard nothing on election day of any one beiug provented from voting, and I looked artiouarly t0 00 if any oue was obstructed. "hink it was the fullest vote ever cast in the history of the city. Never heard of any senti- ment that would tend to prevent @ free ex- pression of Powers' supporters. Noone with whom I ever conversed seemedt o think that PPowers was ot all formidable orbad any strongth, Cross-examined—I am a reader of some of the Omaha Elpan Don't remember that they claimed that the fieht was between Boyd and Powers, and that Richards wasu't in it. My et 15 not far outside the business on of the city; left the last polling place after b o'clock, Owing to the cramped quarters, the court then .d’ourmd to the real estate exchange headquarters, room 1, on the first floor,and the hearing procecded before Notary —«Cobb. Moessrs. Offut and O, npmntm the contestee, while Mr, Wilson conduct the cross-examination in behalf of Mr. Powers, . S. Baker, sworn—Have resided in Ouiba since F‘f:‘brulrg of this yoar; voted in thiscity at the Second precinct of the Sev- enth ward at Novemoer election of this year; wvoted about 8:30 or 9 o'clock; went to polls shortly after meixwm opened and was there unlil after 11 o'clock, and was there again in theafternoon. It seemed very quiet and Eu-blu. A t many were working in ¢ intercst. of Mr. Boyd und others working for Mr. Richards. Everything was harmo- nious and no one was prevented from doing ®s ho pleased. There was no molestation, and no one was even boisterously talked to. f“um nothing said about Mr. Powers. Saw no one working for him or against hiva, Was doing what I could for Mr, hards. Was at soveral precinets In the Third, ¥ifth and Eighth wards. | drove to the Eighth ward in company with Mr, Metcalf, ind visited soveral polling places on both sides of Cum- ing stceet. Didut se0 but one or two ped: dling the full Independent ticket. It had been reported that some of the prohivition- ists had been cgged there, and that was why I went there, but to my sur prise I found everythug very quiet. Went to the Fufth ward, and was “at three polling places on Sixteenth street, being at ench about fifteen or twenty mmutes. Thero was 10 discussion or demonstration of any kind that would attract attention. So faras I could observe there was nointerference with any persons of whatever political pre- ferences. Have not heard that any person was prevented from voting for any candidato but have heard that two parties supporting the prohibition amendment wero by both democrats and repu blicaus, ¥ Heard that they were interfered with bocause they wero boisterous and made themselves very obnoxious, and mot _ becauso they voted the prohibition ticket. Have been a voter for years, and never saw a more peaceable election, Did not ses an in- toxicated man, 1v wasas quiet as in the country, nd scemed (o be observed o6 holl ay." Cross-examined—The prohioitionists were not_interforred with to prevent them from voting, bt to keep them from making too much nolse. Saw @ ereat many republicans of the Seventh ward working for Boyd. Was at the republican primaries. Was at two precinets in the Seventh ward. There was greut deal of anxiety, Would not care 10 use a stronger word, 1t was a very fair primary, fully as much so as the average, On clection day, at one of the poling places saw a little crowd standing apart, and on inquiry was informed thnt thoy were wait- ing for the ez basket. From therr looks un- derstood it to mean that they were waitiug to be bribed. Re-direct examination—Visited the wards whero T expected to see troublo, Flad heard of the trouble in the Third ward in previous elections, and that was why I went there. Cross-examiuned —My knowledge of the Third ward was not allgained during the session of the logislature two vears ago. Did not at that time voteto throw out the wiile county, only a part of the Third warnd. Judge Eleazr Wakeley sworn—Am_ judge of the Tuird judicial district. Reside in Fourth_dist¥ict of Fifthward,in the same house in which I have lived for twenty-two years, Voted atthe November election and visited tho polls in the forcnoon, Was there about twenty minutes, and visited the polling place twice during the afternoon. The elec- tion was conducted in avery quietand or- derly manner, Some ten or fifteen were ped- dling tickets at Fifth ward polis. Several were peddling democratic tickets, others had republican tickets and others with a badgeon the lapel of their coats were peddling tickets for the prohibitory amendment. Don't know what cdndidates” they were working for. There was no hustling’ to get, tickets into the hands of the voters; in fact, not as mach as 1 bad usuaily observed at elections. It was the most quietand orderly election I ever saw. Know that noone was prevented from voting while Twas at the polls. Stopped at two other polling places on my way down town—one at corner of Davenportaud Six- teenth and the other at the corner of Dodg and Sixteenth, if 1 rememver correctly. Was ateach about' fiftecn minutes, The s tion wus thesame as in the Fifth ward Everything was unusually quiet and orderly and all wis free and unobstructed Was surprised to find that therewas no deluy in yoting, as Ihad expected to find sucha crowd that T would be delayed. Have voted forty-six times at general elections, and I haye tosiy that I nover witnessed a move quiet and ~rderly election and one freer from aliobstruction than I saw last November in the precinets which I have mentioned. I have voted in Ohioand in several places in Wisconsin as wellas inthis state. In re- sponse to inquiries was toldthat an unusually large vote had been polled early in the day as an explanation of the small number abut the polls in tho afternoon. I did not see a man who appeared to be under the influence of liquor, and I noticed that the business houses generally were closed. The gliy had the appearance of its being a holi- day. Cross-examined I have becnaffiliated with the democratic party since I have been in the state. 1 think somebody showed me an inde- pendentor mongrel ticket during the after- noon. Do you use independent and mongrel as synonymous terms! ‘Not in an_offensive sense, but_because it was made up of eandidates from the different parties, I do not say that there was not such @ thing s an independent party. 1do not thiuk these tickets were for distribution. Aman was complaining that he _did not like the tioket. As tothe alliance ticket T have no distinct recollection us to seeing it voled. Re-dircet examination—I voted for James E. Boyd for governor. JudgoelJ. R. Clarkson sworn—I am judge of the Third judicial district; have lived in Omaha ten and & half years voted at the November election in the Fourth ward. I voted about $:30 o'clock and was there again three times during the . thought it was a remarkably orderly election and saw no oostruction at the wolls. Was at four or five aifferent polling places ; was at each duriog the morning and again during the afterncon; visited them to see how the voto was going. It was the most orderly election I have ever seen in Omaha, and 1 know of no one who was obstructed in voting. Saw no signs of disorder, and with the exception of one polling place on Capitol ayonue, saw no signs of drunkenness. The city woro u_Sunday air, the business housos being closed, showin & the great interest felt in the election. Iam & republican, Cross-examined-1 voted for James E. Boyd, the only democrat I supported. Interestin the election caused me to visit the polling places. I was interested in seeing prohibition dofeated. Was interested in the clection of James E. Boyd. Don'tknow as Boyd's candilacy had anything to dowith the prohibitory amendment. Think it was the gencral sentiment that he would be the best. man to have in the gubernatorial chair in caso there was any closeness, The clec- tion was not funereal by any means, but it was 8 happy one because of the prospect of dofeating piobibition. There was no undue hilarity. Redirect Examination—The coutest in this lty was largely prohibition vs auti-prohibi- tion. Cross-oxamination—Don’t know that it was understood that Powers had given to the prohibition find and was a prohibition man. At this stage of the proccedings an ad- journment was taken until 2:30 o'clock. AFTERYOON SESSION. An agreement had been entered ito by the time operations were resumed in the after- noon, by which the real estate exchange chamber was made to sheltor the whole of the three ring affair, and the taking of evi- dence wenton 1 different corners. Mayor Cushing was the first_witness for the con- testeo In the Powers-Boyd contest before Notaries Day and Cobb. Mayor Cushing testified as follows : Am mayorof the city of Omaba. Have resided here for six years and in tho state for twenty-one years, Resided in the Fourth ward and voled fn the Third Qrecim-,t. of that ward at the last election. Was thero be- tween § and § o'clock, and ot several other times during the day. Was in_the mayor's ofMice the greater part of tho day, as thero was an understanding with the chief of polico that I should be in directcommunication with him in anticipation of trouble. About 3 o'clock 1 went outto seo if there was any- thing like ariot, as a telegram had been sent out over the stateto the effect that the city was in the hands of amab and the streets were running blood; that a fair election was not being held, and as I had received nosuch information from the chicf of police I started out to see personally if the report was based on @& foundation of facts. saw but one drunken man, and he was coming from Coun- cil Bluffs, and was not mear a polling place. It was the most peaceable election I ever saw either in Omaha or out of it, and 1 have voted at ull olections sinco I have been here, having voted at Plattsmouth and Lincoln. There were regular policemen on duty on election dnly. and under the instructions of board of fire and police commissioners forty-one special policomen were actailed for duty on that day, A special effort had been o to get out alarge vote and additional lung precinets were crested. Previously here had oineteen, and at this election there were forty-one. anyone belug 1 received no notice of Prevented from casting his ballot, Some trouble was anticipated, as it was_anuounced that there would bo bands and singing fo create confusion at the polls, and tho chief of the fire department was instructed to keep all of his men on duty and in case of ariot tum the hoseon the crowd, thinking that a more merciful way of dispersing them than with atling gups. It was intimated that the pro- glhmun tintended to get possession of the New York Voice Boe in this city wrs to inspire the disgust of the better class of citizens, and while I think and tho Bumble itdia not influence the votors against Mr. Powers, it undoubtedly increased the vote against prohibition. The city was quiet, and there was unusual sobricty on_all sides. A proclamation was issued ordering all saloons closed on that day and the police department saw that theorder was enforced. The ex- ecutive department of the city would not have countenanced, cither directly or in- directly, any attempt to intimidato any per: son who was circulating a ticket of any kind orin support of sy candidate, I know of 1o interference with any person peddling tickots, Cross examined—Fave been mayor sinco last Japuary, Am a democrat and supported Mr. Boyd in the last clection. hink the chief of pulice is a republican. I did not int him. He is appoiuted by the board holds office during good behavior, There s usuily more trouble in- the Third wara because the greater part of the houses of ill-fame are there, and the inmates are liable to make troubie at the polls. A wranglo ensued over the introduction of aportion of the mayor's testimony. The uestion came up reganling heresay evi- once, Mr. Offit objected to the introduc- tion of certain testimony. The objection was sustained by Notary Cobb and overruled by Notary Day, Under this ruling the evidence went in, and an exception was noted. The mayor toldof a report made to him by s certain men that he had been assaulted, but no proof could bo found to substantinte the charges. If it was proven that there were outrag committed at the pollsin thirty of the forty ono palitng precincts the mye thought it would change his mind as to having been the most peaceable election he had ever seen. It had not been reported to the mayor that peo. ple were egged at the polls, but be had heard tas street tall. Mr. Chris Hartmun of the board of fire and police commissioners was next sworn.—Have resided in Nebraska thirty-four years with the exception of absence in the union army during the war. Was appoiuted 0 my oficial position by the governor Was at the Parnam street precinct of tho Ninth ward both forewoon and afternoon. I noticed mothing but perfect narmony and peaco and considered it the most peaceablo clection T ever saw there. 1 visited several polling places. 1 think I visited half of the forty-one precincts. My object was tosee if there was any trouble, and if the ofice were doing their duty, The only ptaco whero Isaw any disturbance was ih the Third dis- trict of “the Fourth ward A man was drunk and used profane language. I told the offic to arrest him it he didn't keep quict, and after the officer notified him he made no further disturbance. The man was peddling demo- iotickets, Did mot See any obstruction. Wo took cxtra precaution and trouble because of & b | the Bumblo 1 cmen tailed for cach polling p ad three where trouble was anticipated. Both patrol wagons were held in readin 0 send reiufor ments to auy point where they might be veeded. Rumors circulated on the street prompted us to take theso precautions. 'The Call was ono of the papers eircutated. I was given a copy by a newsboy whopushed itunder my arm and did not ask mo to pay for it. reports thus circulated wero ré- garded by.or citizens and the police boardas @ slanderous libel on the city, and were intended to stir up strife. 1t was gen- crally understood that Mr. Strickler, one of the attorneys for the contestant, was instru- mental in ¢irculating these sheets and spread- ing these libels. Mr. Powers seemed to be sadly in the minority, Ho was lost sight of in some of the precin and seemed to be very short of friends. The present chicf of police was appointed under the administration of Mayor Broatch, who was a_republican: at least, he was elected on the republican ticket. Iunder- stood Mr. Boyd to be an anti-probibitionist. Cross-examined—1am a demoerat and sup- vorted Mr. Bovd, Don’t know the politics of the chief of police, but thinlk he is a repub- lican. _ Don’t know the politics of the police- men of the city, as that is something that the board = does not consider. ‘Was not informed that tickets hiad been thrn up and that parties were assaulted. If I was now told of assaults intwenty-nine outof forty-one precincts I would rather beliove the word of policermnen on duty there and the putable citizens of those wards than the swor statements of certain parties, It is obsolutely impossible thatthegothings shoald have occurred. There were citizens present who would not have tolerated anything of the kind. I will swear that this election was 100 por cent moro quiet at the places I visited than the city election that took place this month. Dia not hear of any ege throwing, but one of the policemen told methathe heard that at one of the polling places cggs were droppod in the overcoat pocket of some one and the crowd then squeezed against him ana smashed them. That was all 1 ever heard of it. Have heard nothing to indicate that any of the policemen failed to obey orders to pro- tect all citizens alike. One policeman was reprinanded by the board for arrest- ing & man who was & litle fresh about tho polling window. The man was a democrat and a lawyer. 1 would make allowance inbelieving the sworn testimony of men who would go a distance of sixty milos to give their tesllmou{l before strangers ravher than face mey with whom they are acquainted at home, and I would call them cowards. Sheriff Boyd sworm—-Have resided in Oma- ha twenty-five years,. Amnot related to the contestee, James 15, Boyd, Have been sheriff of Douglus county sineé last Jaunary, Voted at the November clection, Heard of no one being molested, and I visited nearly all of the precinets, Iu the afternoon I went with the mayor. Saw no disturbance of any kind in suy of ‘he wands. Saw but one drunken man, and _he was near the bridge on Douglas street. The election was the quictest one 1 eversaw, although it was the largest vote ever polled in the county. Think the causeof it was the geat anxiety to defeat prohibition. Heard people say on the streot that Powers was a prohibi- tiouist, and also that he was opposed to pro- hibition. Cross-examined: Am a democrat. In- structed my deputies to mrest anyone creat- ing a disturbance. Saw several of the deputies at the polls during the after- noon, but none of them reported that anyone was assaulted or ston There was norepoft that any tickets werc violently taken. Did not hear that either the police or my doputies had refused to give protection when so requested. Up to the present time have only heard of one prohibi- tionist who said he had eggs thrown at him, but did not know who threw tiem. Couldn’¢ say that Boyd was especially the favorite candidate of those opposed to the amend- wment. Don’t know that Boya’s candidacy glu connected with the defeat of prohibi- on. Judge Lytle sworn—Have lived in Omaha twenty-five yoars., Am engaged in the pra tice 6f law. Wasa candidate for the legis- lature on the republican ticket atthe last general clection. Voted inthe Third pre- cinet of the First ward. Visited all tho wards from the First to the Sixth, and re- turned by way of the Seventh, Saw no acts of violence at any of the polling places, and saw no one driven away from the polls. Saw prohibitionists . workipg at the polling plices peddling demoeratie, republi- can, independent and prolbition tickets, all bein for the amendmeut. They seemed willing to give any kind of a ticket to anyone who would vote for the amendment. Sawno interferonce with any of them. There were licemen at all of the poling places I yisited. They were keeping an even line and 1 suppose they were there to preserve order. Thevote was larger than ever before. Aun effort had been made for weeks before to get ¢very voter toexer- cise the right of franchise. There was no disposition to make any person vote any way other than he chose, except that the fight seemed to be between Boyd and Powers, and the friends of each did all they could for their respective candidates. Cross examined—Voted for Richards. Was at the polling place in my own ward about balf an hour, Saw no personal violence, but it might have occurred when | was not pres- ent. Saw a mpublican challenge a democrat and the vote was admitted. Powers vs Boyd. John C. Wharton watched after Governor Boyd's interests in room 709, while Judge Allen of Madison was there for Powers and V. O. Strickler for the prohibitionists. No- uhr.yirPubUc Elmer E. Johnson occupied the chair. After W. W. Cox, the witness first called was sworn, Mr. Wnartor arose and offered ngers Ayer's Cherry the favorite remedy for honrsenest.and all afections of the voeal orgaus, , and lungs, As an anodyne and expecittant, the effects of this preparation are ptly realized, . “Ayer's Cherry Peetral has done me great good. 1t Is & splendié remedy for all dis- cases of the throat and tungs, and T ha much pleasure In tesfifying (o Its merits,"— (Rev.) €. N, Nichols, Xb. Tisbury, Mass, “In my professiont’vf an auctioneer, any affection of the vole i throat s o serious matter, but, at each dtlick, I have been re- Heved by a few doses of Ayers Cherry Pectoral. This remedy; with ordinary care, has worked sucha magieal effect that 1 have suftered very little inconvenience, I have also used It in my family, with very excel- lent results, in coughs, colds, &e."—Wm, H. Quartly, Minlaton, So. Australia. Ayer’s Cherry Pectoral, . DR.J. O.AYER & 00., Lowell, Mase, Bold by all Druggista. Price §1; aix botties, 5. sPIANOS - finely Made, flly Warranted ¢ aMaryelicussin Tone (NALOGER] S C. L. Erickson, Local Agt, 2060 N.16th § EXCELSIOR SPRINGSHe | e WATERS "H Nature's Tonie, Diuretic and Uric Solvent. SOLD ONLY IN BOTTLES BY C B. MOORE & CO., Agts. 1515 Dodge St. an objection to the whole proceedings in so far as_the holding of the investigation in room 700, He said ho appeared there for the contestes, James . Boyd, specially for the purpose of objeeting to” the taking of testi- mony in this case because thav was not Pot- tor & Waring's oftice where the notice speci- fled such testimony must bo taken: secondly that Potter & Waring's office is now 704 of the New York Life building, and not 7003 thirdly that Ilmer E. Thomas, the court, had abandoned the room without'the consent of his associate in the caso and while associate was taking testimony i said cause. Cox testifled: I reside on Spaulding street in this city: wasan elector here on last on day; lived bere thirty-one yearss uwm a groceryman ; was at the polis on “November 1, went there ats a. m.: remained there nn- til nearly 12 0'clock; polis opened at n First district of the Sixth ward < went there to vote, second to suppl in vickets to parties hunting them these tickets was the prohibitory amend s parties interferred with me very 10 one undertook to take tickets away from me, tried to bulldoze or pick squarrel ; the name of John H. Powers wasfon theso tickots ; there was a crowd of thizty or forty there some peaceable, some boisterious: I was not struck, but seemed, af times, in danger; this N was becmse 1 had tickes for’ the amendment; one ring leader made per- sonal threats; couldw't remember bis language; therowns so mucki hot blood that 1 couldn’t make out the words; they were i der shools his fist in v entin; he lad béen one of the registrars: he had a personul rights league badge, as others did ; Lessen- tin was the leader in tho demoustrations against me; hesaid the tickets I had were fraudulent: he said, “Did you say that the board of registrars was naot competent.” T told him I wasw't theve to_quarrel: he then suid my- tickets were fraudulent; did not say how; they only d{fféfead from the other tick- ets by bearing the prohibitory amendment on them; 1was not allowed to distribute any tickets; Idid not dare approach any man— the feeling was so intense that I waited for parties to appronc! me and sk For tickets; thon |assentin would atiack me denouncing my tickets as fraudulent; I was likke a man in_hell without claws; couldn'tdo anything: think Lessentin wasa Boyd man ; one of the judges —John Page-was intoxi- cated; he had been oneof the registra didn't see him drink; didw't sce him disap- pear, but one of the clerks disappearcd often 3 think the clerks were drunk ; this man Page was very demonstrative in_a sort of maudlin He would cry out, “Hereis your pro- tiekets,” and other drunken re- couldn't tell what he was doing—ho seemed too much intoxicated. Other judges dido't seem to pay any attention to him: there was aspecial policeman there; he didn’t arrest anyone; he was in the room when the threatening demonstrations were mide against me; judges didn’t pay any attention to what was~ golng on; two of my personal friends came to me just before noon and ad- vised monot to gobackns I was in danger. The crowd was becoming drunker and drunker and Ithought it wouldn’t be safe; one bottle pretty well emptied was offered me ; 1 took it until I had an opportunit to drop it in_tho sewer; saw differcnt parties peddling whisky about the polls; policemen ought to have seen the same if they had been there: don't think Page was competent toact as a judge or the clerk either; they were both in- toxicated; saw no challengers at the polls friends of theamendment concluded that it wasn't, policy as they thought it would ag- gravato trouble; wouldn't like to have chal- lenged a Boyd yote: wouldn’t have been hore today if I had; saw nochallengers ofany party thero; aman might have sucaked up and voted as he pleased, probably, but don’t think a probibitionist_could have walked up and voted unmolested; ho would have been bulldozed and kept from voting; didu't go back that night, didn't think it would be safe formes the policeman was there socmingly to draw his salary;. one man, however, I learned became so drunk thathe was carted away, but_whether this policeman did the carting I don't know; Mr. Helin and Mr. Gibson were a0 thero distributing inde- pendent tickets; they were treatod about as 1 was; don’t know whether any tickets were taken ‘away from them or not; I visited the polling place near Twenty-sixth on Lake street; the crowd was rough, but saw no vio- lence; everything seemed going for Boyd; this violence was all because | was distribut- ing prohibition tickets; Boyd was the so- called anti-prohibition candidate: the crowd in the bulk were his partisans; at the polling lace on Sixteenth, near California, saw Dr. Riertiil thero with an amendment badgo on him; I congratulated him on bis courage; the crowd looked at wd liko wild ticers and wanted to tear me o pices: they didn’t touch me, but only - fully insulted me; tney wero blam ing Merrill of furtherfni the Bumble Beo in its anarchistical editoriuls. These voters all wore personal rights oadges; a policeman wiss there; he arvested no one; wouldn’thave been safo to have challenged w Boyd vote there, whether he was (alegal voter or not; we drovo by another polling place, but were afraid to o near enqugh to hear what was going on; I have always been a republican, I was terribly lm!lr(‘.l ed by the tone of the Qaily press—especially Bue OMARA BEE: on the Sunday prior to . the electin I was startled by 1ts horflhlg}rln‘hhflc oditoriats | 1 said to my family thal that meant biood- shed in Omaha, and thit Tue Bee would be responsivle forall of ity:Toan’tremember what these editorials were, but they were little bits scattered all ovexiy: itwas terrible; 1 think the whole tone ol the paper was to in- cito the people, and @t them up in arms aguinst the prohibitionists on election day; little children abused us along the public streets—littlo children five and six and seven years of age; they would spit it out in our Taces that we were prohibitionists; this was all on account of the incendiary editorials in Tue Bix and W orld-Herald, Adjourned until 2 0’ clocls. APTERYOON SESSION. Mr. Cox cross-exammed—I havdlived here & little over a year this last time. KElection day I went to the polls about § o’clock. Page ‘wasn't there yet. The polls were notopen yet. Page came a little after. He was one of the judges, Saw 8 disturbauce in the building, ‘I here was no fighting. 1 thought Mr. Page was drunk. He looked and acted that way, Don't think he was fit to be in such a position. He talked a maudlin bharangue all the time. Didn't see him leave ot any time He was there all the time T was there, about three hours. Ho stood there talking—he was more silly 5 e r——— What Are Misiits? They are custom-made clothing of merchant tailors, left on their hands for one reason or anothor. Thess we buy in large or small qu' tities for ready cash, For example, suit of clothes costing originally $40, we can, according to style and quality, sell for $16 or 20, Just think of it, a saviog of over 50 per cent, ono half of the original oost, Many of them of the Latest Designs, from the Best Tailoring Estab lishments Throughout the Country. ALL ALTERATIONS DONE FREE OF CHARGETO INSURE A PERFECTFIT. SER WHAT YOU CAN SAVE. SUITS. $70 custom made sult for... ..... .§82.50 $60 custom made suit for.. . .$30.00 #55 custom made suit for.. $27.50 #60- custom made suit for $25.00 $45 custom made suit for .$20.00 $40 custom made suit for $18.560 b custom mado suil for........ .$15.00 FALL AND WINTER OVERCOATS, #65 custom made overcoat for. $32,00 #060 custom made overcoat for.....$28,50 $50 custom made overcoat for, $45 custom made overcoat for, #40 custom made overcoat for.. ... $17.50 $35 custom made overcoat for. . ...$1400 $28 custom made overcoat for. ... $12.25 PANTS. custom made pants for .. custom made pants for custom made pants for custom made ts for custom made pants for. custom mado pants for custom made pants for K16 $156 $18 #12 $10 $ 8 $ 17 FULL DRESS SUITS FOR SALE OR HIRE. Open evenings until 9 o'clock. Saturday evenings until 10 o'clock. ORIGINAL MISFIT CLOTHING PARLORS, 1309 Farnam Street. Omaha, Neb. than angry—in a drunken, joking manner. Don’t remember his language, only that he said, “Herois your prohibition tickets.” I have no interest or fecling in this matter. A Mr. Boyd was one of the other judszes. Los- sentine was not a judge. Saw nothing angry on the part of unyof the judges or clerks. The boisterous conduct was in the hall, twenty feet from where they were roceiving the ballots. Saw nobody try to hinder anyono from voting. 1 know of one citizen who did not dare go and vote for fearof los- ing his position, © caw't give his name, But Tdon't know of anyone who was positively hindered from casting his _vote. At Lako dn't s anything out of the way. fourth and Cuming Itather We were driving, good deal of loud talk s00 anyone abusel or _pre- from voting. We stopped on centh, between California an S, 1s considerabiy worried. He didu’t soy had molested him, There was lond and profane talking. Was there ten minutes. Was not assaulted orin_any way interfered with, I told Rev. Merrill not to say any- thing back to themob, He was inclined to, and 1 advised him to keep still and attend to is work. Hestood by a policeman, Noone struck at him. Butone party held a paper in his face and said, “Look at that; anarch- fsm!anarchism!’ Elder Merril told him to stand back, He didn'toffer to strike the elder, only abused him with slang and abuse. Don't know of anyone being_denied the priv- flege of voting there. We then drove over to a poling place in the Third ward, at Tonth and Davenport. Didn’t see anything out of the way there. Itwas 8 tough ward and we didn’t want to getintoit. We went home from there. Redirect objected to by Mr. Wharton. The man 1 spoke of who didn’t vote for the aniendment because he was_afraid of losing his position, was a city employe. Mr. Wharton —Give the na who was un employe of the ¢ vote. Cox—I can’t answer the question, because the man feels that it would cost him his posi- t1on to have his name known. Wharton—Who was he goiug to vote for, for governor Th the was a Didn't vented anyon & of this party ¥ and afraid to Cox—1 don’t know, but I .know he was going to vote for the amendment. 1got this B.and L. W. Cox. H M. M nis testified: I resided in Mt. Pleasant addition on the 4th day of No- vember, 1800. Was not a voter in the city of Omaha. Know J. S. Nace. He took his meals on Captol avenue near Ben- netvs store; ke rooms on Cass between Fifteenth and Sixteenth. He told me he voted in the Sixth ward at Beal's store. He was remstered there, He lived in that neighborhood about two weeks. He came hercon the 11th of September from Council Blufs, lam inthe nursery business. He lived in Nebraska eight years ago this fall. Doa’t know whether he voted at any other place thatday or not. Hedidnot live in the precinet he voted in, Cross-examined —Saw his name on the re- gister in that preciuct. 1didn't seehin, rogis- teror vote there. He told me he voted there. 1 assisted in moving him_here from Jouncil Bluffs on the Iith of September. Don't know where he is now. Don't know but what he might have been living in Ne- braska during the past three years, He said he lived in Council Bluffs. told me that he was on the chain gavg in Council Bluffs after the election. W. A. ‘Anderson testified—Reside here. Wasa voter in the First ward, Third dis- trict, Am un attommey. Was at the polls to vote and to distribute tickets. I had all kinds. My efforts werein behulf of the inde- pendent ticicet. The nameof John H. Power was on some of the tickets. There w about a hundred people thero, Some were quict and peaceable; some very boisterous, Some ware personal rights league badges, The effort was mado to prevent me from dis- tributing tickets: don’t know by whom. After I went there in the morning [ beard some one make the remark, ‘‘I'here comes that —— - ——" After that certain per- sons crowded about me. I held my tickets in 1oy hand, one man grabbed hold of one end of them and tried to take them away from me, but I got away with my tickets, althougn they were badly torn. Powers' name was on some of the tickets thus torn. I was told that 1 had better not stay there, that my life was in danger. One man took me aside several times aud advised me to leave for my own safety. Don't know whether any of the par- ties who interfered with me wore personal rights badges or not. One man_tried to pour whisky down me and shook his fist in my face and told me I had better leave the polls, Didn’t know him, They were hostile to me because I was for the amendment. Boyd was regarded as the anti-prohibition caudidate. When [ left the polls six or seven men followed me. There wus @ young man with mo. We ran and they overtook us and threw some eggs at us. Some of the eggs struck me. Iran home, They followed me within 100 feet of my own door. They threatened me and said they would kill me if 1 went back. I think they “would have killed me if had gone back. 1 dil not go back. 1 was afrid to go back Saw no challenges at the polls, T wouldn't have carea to challenge a Boyd vote, Couldn't say what the result would have been. Was about sixty or seven rods from the polling place, when the eggs were thrown, Many things I saw there led me to belieye that the election was unfair, It was free for every one, excepting the pro- hibitionists. I was there to vote for the in- dependent tickev and was driven from the polls. Boyd was the favorite at that pollin, Pplace. 1 think, however, that all the opposi- tion was against the prohibitory amendment, Didn’t return to the polls that night to wit- ness & count of the ballots because I didn’t consider it safe. The registration room in thay precinct was next to a suloon, Cross-examined—I have been an all-round politician but never got an office. Ran for county attorney on the prohibition ticket three vears ago. My afiliations have sinco been varied. On the 4th of November I wus for Powers. I voted for the amendment. Don't know wnere Bovd lived. Know he was mayor of the city once, but_didn’t know holived here. Had heard so. T was at the polls about three hours One person in particular showed me violence, 1 got along all right with everybody else. Never saw the party before. Dou't know where he lives. Was not prevented from voting chofce for governor that day, Don't think it was safo for amenament people at the polls, That was the cause; the governor candidates | OMAHA STOVE 1207 Douglas Stove repairs of all deseriptions for cook and b attachimen Telephone O O NO GU cut no figure. Didn't know any of the par- ties whe followed mo fzom the polls. Lived in tho ward throe or four years. Had ped- dled probibition tickets there bofore. T wasi't prevented from voting my choice. I otod @ soon s T weit thero, Yos, most everybody knew my politics Don't know of any of the arrests, ege throw- ers, or anybody eise. 1spoko to the officer about the man who was annoying me. There was much loud and_profane language used there. The man who annoyed me at the polls was not one of those who followed me away from the polls. ‘There was only one or two men who scemed to be unruly at the polls. Adjourned. State Officers. In the matter of the contests for state offi- cers irrespective of governor, after some de- lay in regard to the selection of a place for the taking of testimony, the hearing was commenced in room 720 of the New York Life building. Mr. M. G. MacLeod was selected by the contestants as notary and D, L. Johnson offi- ciated in the same capacity for the republi- can contestees, Mr. W.J. Lamb of Lincoln conducted the examinations for the independ- ents and the contestees were represented by Charles L. Hall and Thomas Darnell of Lin- coln and Hon, E. E, Mc(Gintie of Crete. Before the taking of testimony began, tho attorneys for the contestees filed the samo general protests tothe taking of testimony on the part of all the centestees as was done at the Lincoln session, copies of which have heretofore been printed in Tie Bek. After the filing of the protests, Mr. Hall entered the following objection on the vart. of the contestee “The contestees one and all object to the taking of any testimony at this time and placo under the several notices of contes seryed upon suid contestees for the reason that the constitution of the state of Nebraska, in section 4 of article 5, having provided that contested elections for all state officers shall be determined by both houses of the legisla- ture in joint vote, as may be provided by law, and the legislature of the state, in chapter 26 of section 64 of the compiled statutes of 188, having provided the grounds upon which contests of state officors may be had, and the notices of contest served upon these several contestees not containing any of the groun Isof conteststated in section 64 of chapter 2, all testimony taken under said notices of contest is incompetent, irrele- wvant and immaterial, and said notices do ot state cause of action of acontest against these several contestees.” McLeod, notary for con- testants overruled the objection, and con- testees except Johnson sustained objection. The contestants excepted. Mr. R. S. Berlin of Omaha was then called and sworn and testified that hohad been o resident of Omaba for twenty-one years. ‘When asked by the attorney as to nis bus ness, he replied that hewas areal est: and county comnissioner, and gone about, and notary public. He had be county commissioner for about ono year, and made it a habit of beiug in his office at least ouce a day for from haif anhourto all day during-that time: could not tell how much time he had spent in the county clerk's oftico duing the time from the 4th to the 10th of Noyemb was there most of the time when the returns of the election were received, which were received in the county clerk’s offie at periods ranging from twenty-four to forty eight hours after the election; would not swear they were all in forty-cight hours after the election, Being requested to furnish the namesiof par- ties who were present in the room when the appointments were made, Mr. Berlin stated that he could name buta few of them, but that there were thirty o 1ifty present and ho could supply the namies if he had his memo- randum book. Being usked by the attorney to produce the same hestated that he would doso if an opportunity were given him, and the court took an aajournment. until 2o'clock at which time Mr, Berlin agreed to give a list of the parties present at that ti W. W. Cox, a voter of the irst district of the Sixth ward, sworn—I am in the grocery business on North Twenty-foarth streci. Am a prohibitionist, but know nott:ing about violence being offered voters on election day. I have been & republican for thirty-six years, but at the last election 1 peddled democratie, republican, prohibition and independent tickets, Theanti-prohibitionists haveinjured my business and .have driven away my trade. Worked at the polls and tried to get tovote forthe amendment. Did not supported for the state offices. Did not see any man prevented from casting a free ballot. Heard a man say he wished he could sneak in 1,000 votes against the amend- ment. Iold himI wished I could sneak in 1,000 on the other side. Am Ynxny sure there were no illegal votes castin that pre- cinet. W. A. Anderson, a lawyer residing in the Third district of the First ward, called and sworn—I1 visited the polls at 9 o'clock a. m. and voted, after which I peddled amondment tickets, They were republican, democrav and indopendent tickets, Worked for the in- dependents, but got o vote wherever I could for prohibition, A man took hold of m?r tickets but did not jerk them out of my hand. They talked to me and told me to go homo, but asIbad no fears I staid about the polls and worked. There were po- licemen thero and they would have quelled any disturbance, When 1 was about four hundred feet from the polls I was hit by an oggz, but don't know by whom it was thrown. Did not recognize the man and can’t say that ko was one of the men at the polls, Saw members of the personal rights league about the polls but they did not_interfere to prevent anyone from voting. Think every man had & chance to cast & free ballot, but don’t think it would have been safe for a man 0 have said much in favor of prohibition. I got the amendmont tickets from the Douglas RE! 1309 REPAIR WORKS Street. hontin , tamlly and hotel ranges. Water 18 o speclalty ROBERT UHLIG, Proprietor C. M. EATON, Manager. NO PAY. Drs.Betts XBetts Physicians, Surgeons and Specialists. 1409 DOUGLAS STREET OMAHA, NEB. J The mos$ widely ana favorably knows falistain she United States. perienoe, remarknble sicill und universal suo- 6 treatmont_and cure of Nervous Chronlo and Surgical Disonses, entitle the: gminent physiciuns to the Full confidence of the afiifcted averywhere. They guaranteo: A OERTAIN AND PUSITIVE OURE for the awful effects of early vice and the numer- ous evils that follow in its traln, PRIVATE, BLOOD AND SKIN DISEASES speedily, completely and permanently oured. NERGOUS DEBILITY AND SEXUAL DIs- ORDERS ylold readily to thoir vidilful sroat- PILES, FISTULA AND REOTAL ULOERS uaranteed oured without pain or detention rom business. HYDROCELE AND VARICOOKLE perma- ully, cured In every shao HEA, matorrhes, Serina) An) Night Emissions, Decayed Faculties, Female Wonkness and afl, duilcate disorders peculla 10 eithor_sex positively cured,as well a ol tunctional disorde: t result trom youthe ful follies or the excess of mature years. STRICTURE Guaranteed pormane ntly oured, removal —ocomplete, without outting, oaustic or dilatation. Oures affooted at home by Datient withous &mo- meyts ain OF ann et AL OUNG ANDy'O:IDDLE-'AGEDRME& T A SURE CURE a.“.“ny‘flu:'-n.‘mn"‘wn.a organic weakn destroying both mind ane bnebyd with all its dreaded 1lls, permanenty B,RS. BET'TS Address thoso who have tm palred themselves by ime proper indulgence and_folitary habits, which Fath both ind and body, anftting them for business, sindy or marriuge MARRIED MEN or those entering on tha happy Life, awaroof physioal debility, quiokly assisted. 1o Dasud uros raoes. N briosiosl s upon facts. raf Prao! x| e ence. mfi-lvu{o s apecially sealied, thus wtarting right, Third-Medioines aré ared in our laboratory examotly 0 suil sach case, \hufiflnctlnu cures withous injury, Drs. Betts & Betts, 1409 DOUGLAS STREET. - - OMAHA NFQ That Helps to Cure The Cold. The disagreeable taste of the COD LIVER OIL is dissipated in SCOTT'S EMULSION Of Pure Cod Liver Oil with HYPOPHOSPHITES OF LIME AND SODA. The patient suffering from CONSUMPTION, CHITIN, COUGH, COLD, OR NG DISEASES, ' may (ale tho romedy with as much satlsfaction as he would take milk, Physicians aro prescrib- g It overywhere, It s a perfoet emulslo and & wonderful flesh producer, Tatke no oth m 4 < . Nerve Beans cure all_sexunl weakness i oithe Kex, ACting on nerves, braln, Sexunl oruns Anso LUTKCURK for Impotoney. nikhily emissl memory. bad drenms, aversion to socley porgontd, bix bo NERVE BEAN . Bold by Goodman Drug Co., 1110 Omahu. DR, GLUCK, EYE AND EAR, B arker Block, 15th und Farnam. Toleohone 5% streot headquarters, and was furnished with several different kinds, The election was as quict as those usually held fn the precinct, T kuow this for 1 have been at ihe elections during the past throe years, and bave always peddled probibition tickets. The sentiment was against prohibition but net against ] of the state oficers on the wdependent tici