The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-12-21

| lthe wtnessD feelings were not at ell
| un friendly. On one hundred pounds OF Ga
| zettes the difference OF rate between third and
second classes would be about s.. Rule 10, rul-
| ing 20. page 80 OF the official Postal Guide was
| read, which says that il a publisher claims that
| his papers were of the second class ami the
| Postmaster thought otherwise, the latter was
| to notify the Department, but at the same time
| Keep ON sending the papers through the mail ,
and that then Il sDecl agent Will be MT tD
make the publisher take the oath. Other rules
were also read IN reference to the duties of the
POSTMASTER IN regard to matter sent BY pub
| lIshers.
! On cross examination by Mr.. Warrington,
| witness said that it has always been the Gus =
tom to withhold papers whose face seems to
| snow suspicion Of not having the proper post
| age untll proper notice could he given to the
puDllshcr. 1t Is rule that If a newspaper is
| not claimed we have the right to open it and
| treat 1t as ueai matter. The notification of a
hoh-suD crlDer Is now an uncommon occur
| renee.
MI. II. F. Woodlief, Superintendent of the
| registry Department, stated that he hau a
| CONVEX sation with MIR. Kiefer. / asked him to
sign an athiavlt: he refuse |, and 1 dill not
| urge hIm. a second ilavlt was drawn up
| ny Mr.. johnson. Kiel er signed it. My IN
| slfuctlons IN presenting the hrsG affidavit,
| winch was to make kirler say that the Gazette
| hau Deen noJlhGd that tn,lr papers hau been
uetalueu baiC me not to urge hIm to sign it..
10 not remCmner Inc words of the afh la
VII r the purpose expressed do not think
thaL W able expressed any dissatisfaction A.
hlcfer's refusal to sign il. do not remember
| that the athdavlt :, a ed that kIeler ha / been
sent to the Gazette to notify tnem OF the de-
tention OF their pape s. | remember that he
obJeCJel 10 something in II, but | don't KNOW
Wnat' kieIer signed the second atli tayit.
MI. Spaeth was reCa led and STAGED, On be-
ing questioned a, to what the Objectionable
part OF the first affidavit was, that 1T referred
10 inc words Whlcn would have maue KIeIer
say that W ah.e naI sent him TO the GazevUe 10
nD,l mr. hni
Mr. able ha1 given instructions not 20 press
hlefer u sIgr 1t; he wanted Il voluntary 81 gna-
ture' Mr. johnson thought it was strange
that Kiefer should refuse to sign it, when he
knew that 1t would have been under the in
structlon OF his en- plJyer.
District Attorney Claiming Richards was
called ana sworn. lie state that the first &C.
casIon ON which he heard ANYTHING about tue
Gazette matter was not distinctly N hIs reeul-
IecGIOn, except That Mr.. johnson came up and
to4u MIN ChaG IL newspaper company WAS send
lnS large numbers OF papers 10 POslmasttrs
evidently copied from tue Post-oficc Gulde.
MI Johnson sad that he would write
10 the POstmasters and inquire into the mat
ter. After this MI JOhn ON returned and
stated tnat he had written to POstmasters and
found that tney We're not subscribers, and
lhGa he asked Wha, Durse he should pursue.
IL was proposed to make a complaint against
the Gazette Company. | tod them thai the
prosecution must be either against the prUpIi-
etor or The man who had directed the deposltlug
o. the papers III the Puat-OIlice " anlt ana
johnson sad they would ascertain who de-
posted them. Mr. johnson afterwards re-
turned and said that they had concluded to
refer the matter to Washington. No question
was put to me whether would prosecute any
certain individual in the Gazette Company
United states Commissioner Henry hooper
was the next witness, and cOrrOUorateu the
testimony OF the preceding witness. He stated
thathe began WrItIng the affidavit, when 1t oc-
CURED to INN that lie nad no name of the indi-
YIuual to be prosecuted. The witness had no
conference with Wahle about the matter.
Richard Dyer, Assistant District Attorney,
was sWOrn He could not tell whether lie sug-
ge5ted the name Of smith rs the one to be prOs-
eCuted Mr.. JounsOn narrated to him about
the papers being detained, about the oath
being taken, ana about 1t being claimed
by the Gazette thai the papers were for
BONA duo subscribers; that t was suggested 10
prosecute the man by whom the papers were
mailed. MIR. WahlG was not present.
A recess was then taken untIl O'CLOCK.