Omaha daily bee., 1885-06-12

Q. Is it true that you inserted It as a mat
ter of news
A. In one il might be considered so, and il
the other, comment.
q, Let us look at the question of news
this was known and believed all over the
state that he was a rebel spy?
A. | cannot swear
q. Did you believe that this was generally
known over the state?
A. Yes sir
Q. Them il generally known over the state
why did you publish it as q matter of news?
A. supposed there were great many
people that didn't know it.
q. And you published it with the design OF
informing all these people that didn't know
it; is that true?
A, published it as any other thing that /
would take from country paper.
q, Would you have published the same
thing if it had been against Judge Wakely,
Thurston or Hall, or any individual, if it had
appeared in the st. Paul PhonoRraph?
Z. A. ] would, under the same circumstances.
Q. If you had the same feeling?
A. Not that, but if it had been generally
understood and published for several years,
and by seeing it in this paper against any
gentleman who had not denied it to my knowl-
edge, | might have published it,
q, Your idea Is to publish articles that are
generally known and not denied you say
thiJ uhutI bnS SICulDbbhINGb WuiCu WOulu
have induced you to publish this would have
induced you to publish it against any reputa-
BILE citizen of the state if it was not denied
do you mean to say that this rumor had never
been denied?
A. At the time of this publication it had
not been denied.
Q, What publication?
A. The first publication of the article.
q. Had 1t been denied at the time of the
second pu hlicatiOn on the 23d2
Objected to as improper cross examination
immaterial and for the reason that the proof
shows that that publication was not on the
23rd.
Q Had it not been denied prior to the
second publication in the daily which occurred
on the 22nd.
A. Yes it had been.
@. When you heard this story or at any
time subsequent TO the time of It's publication
by you, had You made any efforts whatever
to verify the accusation us to ASCERTAIN the
truth in regard to it.
A. Mr.. Rosewater had bren conducting a
paper IN this city by which he could defend
himself, and very naturally supposed that if
the charge was untrue he would have made
such defense; never had seen defense.
@. Can you find or bring into the court
prior to December, 1882 any newspaper max
ing the charge that he WAS q onfederate spy
or III the confederate army, except the st,
Paul Phonograph OF the age?
a. | would not swear to that; [ can try.
Q Do you deny that these rumors had
reached Rosewater' ears?
A. couldn't swear to it.
@, You made no effort to ascertain the
truth of that rumor?
A, [ made no special effort.
q. The words Let the sinner live, " in the
heading of the article, were written by you?
A. Yes, sir.
tieis, Z; That was made as heading to the ar
A. Yes, sir.
q. You were on friendly terms or unfriendly
with Mg. Rosewater?
A. Personally we were not very friendly.
Q. How long have you known Mr. Rose
water personally?
A. 1 think my first introduction to him
was in republican convention in 1876.
Q, Have your relations been unftiendly
from that time or friendly?
a. Our relations have never been friendly
or unfriendly until came down here to pub
lish the News. / had met him very seldom
in the meantime if at all.
q, But you never asked him with regard to
the truth or falsity of Vandervoort's state.
ment?
A. No, sir.
Q. You never got any one else to ask him?
A. No, sir.
O. Up to the time that you came down
here to publish the News had your relations
been friendly or unfriendly!
A. They had besn both friendly and un-
friendly In a professional way. During the
time when l was away from my office my
partner wrote an article which Mr.. Rosewater
after wards sued the paper for libel on; but,
personally, l had no emnity towards Mr..
Rosewater at the time.
Q, Your personal enmity towards him sub
sequent to that time did not arise from the
fac5 that you believed him to be confederate
spy?
A. 1 do not swear that have had any per.
,onal enmity to him.
Q, Your unfriendly relations-did they
arise from the fact that you believed him to |
have been confederate spy-did you believe |
him to be O confederate spy?
A. Yes, sir.
Q, When you wrote that article?
A. didn't write the article.
q, When you wrote the heading?
a. Yes, sir.
Q. When you published the article?
A. Yes, sir.
Q. From what did you make up your belief
hat he had been?
A. From the general rumor which I had
heard concerning it myself, and from the fact
that had never seen denial from Rose
" ter.
=, General rumors, and yet when l ask you
TO tasten you down you won't cay that any.
body ever told you that he was rebel spy or
where the word spy was used?
A. l take it from the very fact of its publ
cation in this paper that it was matter of |
general notoriety.
Q, That is your general Iule, if you see |
anything in paper of this kind to believe |
that it is matter of general notoriety?
A. Yes, in the country papers of Nebraska. |
q. Whatever Is published in a country pa
per is old before it is published?
A. Not necessarily.
q. Ii is a matter of general notoriety?
A. would say that matter of this kind
an Omaha editor, that had found |
It's way into st. Paul paper would be a mat |
ter of central notoriety.
q. Did you ever hear of the editor of city |
paper, or perfon desiring to slander another |
send out to the country in the first instance an
article which he desired to have published for |
The very purpose of having it come into the |
city as having 1t come from distance
A. No, don't think | ever heard of such |
case.
q. Might it not have occurred?
A. It might.
Q, BY whom was that paper edited?
A. +. A. Kendall.
Q. Was he friendly or unfriendly towards |
Rogewater.
A. / should judge from his article that he
was unfriendly.
O. Do you know outside of his article?
A, never met him in my life.
q. Have you read the paper to see whether /!
here were other articles of the same general |
character?
A. Yes, sir.
9 Do Do they state that he was unfriendly:
O I)n thav NOT indie fa hat ha had praaf Il