Omaha daily bee., 1883-05-21
MINlONs OF MOAQPGLY.
Tom Kimball and His Tin Can,
A Racy Chapter in tho History
Of Nebraska.

FlRST DEFENSE,
Now the said defend ant, William
G. Holden, and for answec to the petition
Of said plaintiff has . special ownership in
the goods and chatsels mentioned in his
petition. Defendant admits that tie pre-.
tended notes and mortgages described in
plaintiffs petition, wSs obtained by de.
PENDANT from one Thomas l.. Kimball, f
Omaha, iNeb., at the time, and yet, one of
the officers Of the Union Pacific railroad
company, and with an unwritten agree.
ment between the said Kimball and this
defendant to the effect that said money
was 80 furnished this defendant as com.
Densstion for services to be rendered by
defendant in hi, capacity as newspaper
editor, and otherwise in carving elections
for the benefit Of the said UciOn Pacific
railroad company. That at the time 1t
was expressly agreed between the said
Kimball and the said defendant thst
the said defendant, who wa then pub
fishing the Central Nebraska Press, at
Kearney, Neb., ohould advocate the cleo.
ton to the United States senate, Of
such q nan ~ might thereafter be dsaig.
mated by the said Kimball or other person
acting under the direction of tho said
Union Pacific railroad management. That
at the time the availability of A. S. Pad.
dock and Albinu1 Nance, as candidates
for United States senator wa, discussed,
by said Kimball and the defendant. That
at that time the defendant cnquired of the
said Kimbali whether Paddock or Nance
would he most satisfactory to the road,
meaning the Union Pacific railroad man.
agemtnt, to which Mr.. kimball replied
that Mr.. Paddock had been very friendly
to the road, Blu he might not be available
as o candidate, and that Mr.. Nance was a
successful young man, and the road might
take him ss its candidate. That l. was
then understood ard agreed between the
said Kimball and his defendant that either
Mr.. Paddock or Mr.. Nance would be the
choice of the Union Pacific railroad man.
agement for United States senator, and
that defendant agreed to support either
Paddock or Nance, but expressed u
preference for Nance, who seemed to
b. the prof,r,ei candidate of the
road, 10 then expressed by Mr.. Kimball.
That at this Interview, the said
Kimball and defend mt only were
present, and the plaintiff NE was not
present and did not psruci Jate therein;
that this interview between the said Kin
ball and this defendant took place ut the
Union Pacific headquarters building, in
tho city of Omaha, Neb,, a short time
prior to the date of the nlortga @ first
ment oned in plaintiffs petition, That at
that time 1t was agreed between the said
PENDANT should execute and deliver his
notes and mortgage on defendants print.
ing material, to whoms2eve Kimhall
might send with the money, ard ior such
q sum as the said Kimball misht send,
which it was then agreed should be twelve
hundred.dollars. That thereafter, on the
date of the mortgage first described in
plaintiffs petit ion, the said plant Fl, Fred
Nye, appeared at Kesrney, with the sum
aforesaid, of twelve hundred dollars, and
la pursuance with said agreement with
kimball, delivered the SUN to this de.
PENDANT, ard took the notes and mortgage
first described in plaintiffs petition.
That prior to the date of the said Nye's
| appearance with the money, this defen-
| dant had no communication with him CEN
corning the matter, had never borrowed
any money OF said Nye CT talked of Dor.
rowing any. That when said Nye SO ap.
| pesred at Kearney W tn the money, and
took said notes and mortgage, be stated
that the said Kimtall had sent him W
with the money ard that he came up O,
the request Of said kimball to carry out
the arrangements made before that time
between said kimball and the defendant
And that defendant further says that the
object and purpose of taking said notes
and mortgage was tn make the transaction
appear as y loan when such was not tht
case, and for the purpose Of concealing the
illegal nature of the bargain. That it wai
never the intention of the said KimbaI
aud said defendant that said not, should
be paid. That before this transaction, de
PENDANT had rendered political ~servicei
for the Union Pacific railroad company,
in opposing the nomination Of Amsss
Cobb, of Lincoln, Nebraska, for SUI,
preme Judge. That for these service.
defendant received the sum If $500 fron
the hands of John NJ. Thurston, oil
Omaha, Nebraska, one of the Union Pa
| cifc railroad political managers, and that
said Thurston st thattime took defendant
motto for the sum of $500, but that sale
note, though long since due, has nevel
been presented to the defendant for pay,
ment, aud 1t was not the intention at The
time of giving the note, either upon tbs
part of said Thurston or said defendant
that the same should be paid. That sale
| Thursson at that time said, I'VE DO bust
nses in this way for safety, you know; II
Is a sort Of guaranty" That at the tim:
defendant gave the note mentioned il
| plaintiffs petition, the note for $500 wss
believe and did believe that SAID Kjmoal
never meant to press the payment of thu
said note and mortgage. And the said de
PENDANT charges the fact to be thst sale
plaintiff, Fred Nye, is not the real party
10 interest in the pros cution of this &C
| ton, snd that the said Thomas l. Kim,
bali Is the real party in interest. SSid de
fsudant further charges that the said sun
of 81, 200 was Intended rs payment for pc
litical services in the ele ,tiOn of o United
States senator, and that said services hsy,
been rendered in accordance with tn;
agreement aforesaid.
Said defendant further says that the
sum Of four hundred and fJrty.two dol
lars, mentioned in plain IFS petition, wa
agreed to be advanced by said KimbaIl
for s~ervicss of q political character, to h,
rendered by this defsud ant in the election
Of q United States senator, at the last sen
atorisI election. That 1t was agreed tina
said money should be applied in psymen
of certain notes originally given by de
fsndant to Charles W. DaSe, now b Id b,
Nathan Campbell and Elisha o. Calkins
his assi ZneeS, for the benefit Of creditors
That among said notes was one sis ned b
this defendant and Alexander II, Conner
aud Francis G.. Hamer, as his %suretiss
Tbs face of said note was two hundre
dollars, aud the interest and pircipal I
this date amount t. two hundred in
forty-thrte and 3S.l00 dollars. That q
the l6.h day of October 1850, the sa
Francis u. Hamer had h.en nominated b
the republican party Of RuftS lo county
NtbrAssA, for the office Of Representative
in the s.ase legilA,urs of the ssats Of NJ
|, braska, that body of men authorizes I
, elect United States senators, Til
said Hlmer was understood I
be unfrierdly to the ele,ti.
of A. s. Pa dock or sold Albiuus Name
to said office OF United StStes senate
That it WAS understood that pue Simon {
Aver, Of the town o'IGibbon, in said count
of Buffalo, WAS friendly to the selection
: e,ther said Paddock or said Nance. Tn