Nebraska advertiser., 1876-07-06

lies of vegetables.
The Eaton-Howe-Towle etc. IL
bel suit which was set for the 26th
ult. was disposed of on that day. 1t
did not end satisfactorily to the peo-
pie from the fact that Mr.. Eaton was
not permitted to produce the evidence
he had present to substantiate his
charges against those he had accused
of being bribe takers. Mr.. Dilworth,
the prosecuting attorney, and the at
torneys of Howe and Towle at the
trial to assist the prosecutor, preferred
to acquit Eaton of libel rather than
permit him to produce evidence justi-
flying his charges. The prosecutor,
instead of endeavoring to maintain
his indictment against Eaton ack-
nowledged its defects and dropped
the case. He did not even ask leave
of the court to amend the indictment,
which prosecuting attorneys always
do when they do their duty to the
State and believe they can make out
case. Eaton was acquitted on ac-
count of technical errors in the in
dictment not on his own motion but
on that of the prosecutor and Howe's
lawyers. Eaton said at the time he
was indicted that although the in
dictment was evidently defective in
some respects, he would not take ad-
vantage of those defects, but stand his
trial, as he was anxious to prove his
charges against the accused. This he
has declared frequently, and he de-
clared the same thing at the trial.
The editor of the Plattsmouth Her
aid was present and witnessed the
proceedings in the case. In a letter by
him in the Omaha Republican he
says Judge Morris, of Crete, stated to
the court that Eaton, his client "de-
sires to waive all objections and to
have the case tried on Its merits. The
objections taken so far have all been
made by his attorneys, viewing it
from legal standpoint and in the
discharge of their bounden duty. Mr..
Eaton, viewing it solely from a citi-
zens' standpoint. desires to go ahead
and prOUe his CHARGE"
Judge Morris further said, "his
client stood ready to prove every
charge he published. Didn't believe
in clap-trap speeches and thought the
black pail of corruption about that
legislature was so thick that any one
could smell It. Threw down the
gague and dared the opposite party to
go ahead"
AS the prosecutor and Howe's law
yers would not prosecute because the
indictment was not good, and as they
made no attempt or motion to amend
so as to make the indictment good /,
the Judge could not do otherwise than
TO order Eaton discharged. Eaton
did all he could to have an opportun-
ity to make good his charges and to
show how and when Howe and the
others were bribed, and by whom,
and all about it, but It was impossi-
BILE for him to do so when the prose-
cutor himself was in the services of
the bribe takers and went back on his
own Indictment, went back on his
duty and his proper client, the State
of Nebraska.
Eaton In his weekly Press says:
This action of the attorneys was
against our expressed and oft-Iepeated
protest, as we wished the trial to go
on, unencumbered with any technic-
al obstructions. These are the facts
and the public can form its own con-
clusions.
Now the charges of bribery as to
their bearing on the regulations of
Howe and the others charged, stand
just as they did before Eaton was in
dicted. Mr.. Howe has made a sys-
tematic and persistent effort, since
there has been apparent dan
ger of legal investigation
of the bribery matter, to overthrow
the case and prevent it coming to
trial. He has succeeded; but in this
success he leaves additional dsmnable
proof of his guilt, In the minds Of
every person who is capable of reason
ing on a very plain matter. He has
had an opportunity of clearly vindi-
eating himself and refused to embrace
1t. Had he been an innocent man,
and not dreaded the issue, he would
have challenged Rice Eaton to pro-
duce his evidence when he offered to
produce it and insisted on doing so.
But how was 1t? Eaton says II have
the evidence, here, and whether the
indictment is good or bad will bring
it before the people, if the court will
permit me !" but Howe, conscious of
his guilt and of Eaton's power, had
bis lawyer take advantage of their
own mistake and throw the case out
of court. And now we, too, will dis
miss this subject until we think it
our duty to take il up for further no.
tice.