, 1873-02-03
CALDWELL.

not do anything to prejudice tho rights Of tic
| orelitorn Of lilo concern.
CALDWELL.
WAsursaToN, Feb. 1.-At tho aittinr OF tho
sennto Committee on Elcctiony to-day to inyes.
election Of Caldwell, Senator from Kansas.
| 4. COIHTOCK
teelilod TINT, In January or february, 1871, ho
wns 6oolttcepor In scotta bank, Leaycnworth.
DO not rocolloot that Morris did donot rocoloct
tho check on tho Ka1lsaB Pacific or any otlor
| railroal drawn by Morrla about that tin,o. Ono
morning Martin, Socrotary and Treasurer Of tho
drow a check by Ualdwcll on Jay Cooko & Co.,
| Philadelphia for a1o,ou0; sind llo would
hnso to go to Tope1sa OF. nn oasly traln + ttnlsu
| rocolto6ts about that ti11,o a ohoc drawn by Len
Smith, indoracd first By Anderson, then by
Carney, finally by tho bank; do not rocolloot
othcr checks by tho pnrtsoH mentioned about
that time. Tho entrica in 5cott's lcdgor voro not
In tho witncsa' handwriting.
Judge Crosier submitted that tho witucas
could toll no moro about tho book than It's own
pnyog allowed.
Mr.. Morton read tho following ontrics Of
=. Jan; M ?, e5,6ol:l7; jan. II, s2o3.4; Jan. 1s,
$7iss2d5S; dao; J9n: 19 e3ooo Jan2o, e1oooo; JAM
The witnoss had no recollection of tho draft
for 5000 drawn by Carney on Len Smith, dis.
counted Mt or colleotcd through tho bank. l.:
Mr. Morton rea1 certain ol1trios Of depoDits by
Ho thon turned to Len Smiths account
and read tllo following chargos against him,
Jan. 49, $1,000; Jan; u, e200; jan. 80, $500 Il;
Feb. G, s414 Il Fob. II. 49, ,0o0. 1 ~,
Tho books OF tho First National Ban1 Of
Lcnyonworth were examined while Oomstocl,
was searching for CaldWoll'a account,
Clnrlo aatd no lad been crosa-cxaminoa con-
Corning tue conyersation with Croo, EDITOR Of tho
Lawrence Standard, for tho purpose OF showing
that tho de1nsnding tho present Investigation
were Tho results Of d conspiracy hetwoon Croe
and liuso1f.
JUDGE onos1ER,
Cashier OF tho Frbt National Bank, testified that
Caldwell had m nccount OIL tho 9th OF January,
~ q trust fund, and has remained about ua de-
poaitod; tint is tho only account ho l,as. ::
uoMsTocn
wng oxnrniuol by Crosier, nnd said he did not
rccollcct paying tho check for $4,000 on Cald-
wcll'a account; did not nay to Nnjor Hopkins or
any one else thnt ho did not know anything Of
Caldwell's account, except what tho books show;
had no conversation with Clark ut st. Louis
about these accounts within u month; nado
memorandum OF tho books necessary to show
Caldwoll's transactions With tho bank, Mt Ciar1s
request. The memorandum was furnished utter
tho Witness oatno to Washington. He furnished
. similar liat to Carnoy ut st. Louiu, the day
Carnoy left for Washington.
MAJOR uopElSB
testined that oolnstocls told him substantially
that ho knew nothing of tho account except
what III ehown By the bonio.
Ill. aiDowELL
teDtfhed that In q conversation with Onrnoy, tho
day Of tho second ballot, Carney said if Caldwell
oould not bo elected; his friends woro doternin-
cd TINT ho should again become q candidate,
and ho monnt to do 80. ue askcd wltneBB' ad-
yico: Witne9s advised him not to, on tho ground
tlat it would bo bad faith, and TINT he could not
be elected; know TINT Carney had agreed to
Withdraw, but did not know nnything of tho
sl5,000; had heard nothing Of 1t at that timo.
CoMsTouK a..
wes recalled. and p1oduoed tho bool;s of the
First National Bank, showing thore OH jan. II
debit Of $3.50, md on tho 25th ono Of 5000.
These wero not unusual amounts for Smith to
draw. Both Smith and CaldwoH had large ao-
counts at tho bunk.
was examined by Croaler to contradict Carney's
evidence Tho witnega mover said llo had agreed,
and never had agreed to pay $5, 900, 5000, or any
other amount, to nny Legislator for his vote; did
or anything like Il; never said he was bound to
carry tho election If 1t cost him $3.50, 900. Tho
ONLY check lie ever asked Jacob Smith to scasl1
was ono for 3l5o; thinks lie did speak to him
in tho prcsenoo of otIora that 1t was o nero
joke doniel individually Carnoy's statements
TINT ho had offered to bribo certain members
named.
which tho Witness sud ho drew ut tho Tolrt
House, il Topeka, Oh tho 10TH OF January.
Tho ohoclz was shown to Comytook, who anid
1t waa cashotl on tho 23l Of January.
Crosior called attention to tho fact that Car
ncys Endorsement was not written with the same
ink ~ tho face Of the check, to disproyo Car
noys statomont that Tho clock was drawn Oh tho
221 or a3d that he inaorsod it as soon aa it was
THO witness did not haro conversation with
Caldwell in Cerney'a presence, IN whicl, the 10y
an expenso OF S'A0,00O; tlat ho must
60 On and spend money freely zig t9
ahare oxponnes with him Ii not o}ectol,
Morton oasd 1t was not obvious that ,Carnoy'n
indorsomont Oh the sevon-tAousand dollar check
WINS in ditfercnt ink.
Smith said Anderson was not prcsent when
tho check waB drawn.
JAMES r. LEnATH
was examined by. CroHsr, wllo askoa TINT tho !
testimony Of !sps!sg, glvsn1 before tho lnye.tl-
tue reason that ho teatlaed to ccrtain things
Aoro that lie did not mention thcro. Logato tGs-
tiled that there novor 7aa party ca11c1lu on tho
Senatorial election. Anthony came 10 Topcln
fs inatru9tons not : to vo:o Tor calirall, pure
porting to 10 resolutions adopted by the citizonH
of tho ward, which he (Lcgato) represented.
The noxt day, witness loarnod that 'ahey vera |
adopted by tllron men, who met In Il liquor |
ualoon outside Of the ward Anthony admitted |
It; Anthony eaid lo would 60 buell. and get up u |
wells ncn lad takcn poaaesslon Of tiio @ meeting;
sud to witucas, If Caldwell is elected, tho nlx
years TO como nro blank to mo; iii Caldwell |
10 going to bo eloctod, I I'M going to get Bono |
refused. and Bad if llc wanted any money 10
must got 1t himself. lIe loft my room aud wont |
in tho direction of Caldwell's room, wllon ho ro-f
turned he spoke Of Caldwell in very dlarespcct-
gartlly wl,elp;" that lls conld not rot l,,lier
out Of him; asked Him ii ho had Askoa for |
money; ho said ho had don't think hp men.
toned any amount
Judge Crosior oubnittod an affidavit by 8ena-
tor romoroy, stating tAet aoon efter Coldwelg !
oleetion both Clarko and Carney said to hin |
hole, in substance, that thoy used thoir influence
to eloct Caldwell. Clarka Bail tint he wes eilr-
prlsed TINT Id was not atlvisod that IN affidavit