Omaha daily bee., 1885-06-12
THE DAILY BEE---FRIDAY, JUNE 12, 1856.

A. am; and have FIVE children, three girls
and two boys.
q, State whether or not you were ever ar.
rested by the troops under Grant or any other
officer and charged with being confederate
spy?
A. never was arrested for any cause ex.
cept when Hsscall had me arrested for carry
ing revolver.
q, State whether or not you are member
of the society of military telegraphers of the
United States?
Objected to as immaterial; overruled.
A, [ was a member of the society of the
United States Military Corps at the time
when this publication was made l was vice
president of the local branch and have been
ever since, but not of the National.
Cross-examined by Mr., ThurstOn
i was not taken charge of by any officer or
parties of the union army at Nashville nor
took to the general officer there for the reason
that Col. Thomas A. Scott who was assistant
secretary OF war, took me from Edgeield
across the river in steamer; when | first
went into the union lines 1 was not under
arrest.
With this the plaintiff rests.
FRED NYR,
sworn for the defendant, examined in chief
by Mr.. Thurston, testified
live in Omaha; know this extract which
was published in the Omaha Republican De-
cember Doth 1882. l know the paper
that was copied frem by the Republican;
il was from the st, Paul Phono
graph; that 10 copy Of the paper con-
tanning the article which was copied (referring
to psper,) at thst time the st. Paul Phone
graph was paper in general circulation In
this state,
The paper above referred to is offered in
evidence and received over objection.
Have lived in Nebraska twenty seven
years.
Q. Prior to the publication of that article
how general had been your acquaintance with
men and particularly old soldiers throughout
the state?
A. L have been for seven and ten years ed
iting different papers in this state and of
course met great many public men and sol
diers.
q. Do you know whether or not prior to
this publication in your paper that that ru.
NOR as to these charges against Rosewater of
a similar kind to that had been generally cir.
culated and believed throughout the state of
Nebraska!
Objected to as leading.
q. What if anything do you know as to
the general circulation in the state of Ne
braska before the publication of the charge
that Rosewater had been arrested by the
union army as rebel spy and of his having
been disloyal TO the country, and about the
breaking out of the war!
Objected to.
A. l had heard the charge, as my memory
serves me, and had seen it In print before
this publication in she st. Paul Phonograph;
[ could not state how general, but it was
matter OF some years during which
1 had heard that charge; as to ex-
actly how extensive, could not say;
think the most specific charge of the
kind which ever heard against Mr.. Rose
water was from Mr.. Vandervoort in Omaha
some three years before this publication when
was publishing the News here; 1t is my
memory that it was published in the News at
that time; to give definite answer it is very
hard to state how general; it had been so
general that l considered it matter of com
mon knowledge; that was before this pubica
tion.
q State when and how that paper dated
the 22d would be made up?
A. 1t would be made up from the papers
which preceded it and would contain selec-
tions from those papers which had prec eded it.
Gross examined by Mr.. Savage:
q. You have stated that the article upon
which suit is brought is copy of the article
from the ST. Paul Phonograph; will you eX-
anime the two again, and state whether you
are willing to swear that they are copied one
from the other?
A. Yes slr
", lhoh Iuc hEIlClo GlldI hJpcaEs III Ilt-
publican is precisely the same as the article
in the st. Paul Phonograph in every respect
A. Yes, l should say so.
Q. Will you read the first two or three
words of the article in your own paper?
A. 'Let the sinner live"
Q, What are the first two or three words
in the other article?
A. "Rosewater makes piteous appeal"
@. They are not the same?
A. The article is the same; the article
itself; the title is explanatory of the article;
that was written by me; l took this article
out of the st. Paul Phonograph and inserted
it there, and put in the heading, 'Iet the
Sinner Live" The morning edition of the
1aily is made up at different times in the
night, the selections tor the editorial
would be generally made in the afternoon.
The daily of the 23d would be made up the
hight OF the 22d and morning of the 23d; had
,dited several different papers; The Fremont
Tribune and the Omaha News.
O. You had heard this charge as to Rose
uaters loyalty-who, besides Mr.. Wander
yoort ever spoke to you about that charge
prior to the 2Oth of December, 1SS2-who can
you name?
A. The time when Vandervoort made that
,haIge there was considerable political excite
nent in this state and during that time heard
hat charge frequently made as a,portion of the
against Rosewater Il cannot tellfrom
whom; it was matter of general hear say;
,annot name single individual except Mr..
Vandervoort, who told me that Rosewater
lad been arrested as rebel spy; think Mr.
Vandervoort is in town; saw him day before
met him on the street; knew then
hat this casa was iminent; itwas so long ago
hat do not know the authority Mr.. Wander
1oort gave me.
O. What reason did he give you, if any, for
laying that he was rebel spy?
A. None; he volunteered it.
g. Did be pretend to have any knowledge
IN the subject?
A. think he did.
Q Pretend to have any personal knowl-
edge?
A. He pretended to have proof is my rec.
election.
Q. Did he say what that proof was?
A. No.
@. Will you give the exact language as
nearly as you can when he made that state
nent!
A. can't remember the language,
q. 1t was that Rosewater was rebel spy?
A. L cannot say that he used exactly those
words, but gathered that impression from
What he said.
O. I am asking for the language as near as
you can recall ii.
A. l cannot remember one word of the Ian
5uage that he ur3d.
q. Did he say what proofs he had that you
.ecollect?
A. No SIR
O. When was it hat you had this CONVEX
iation with Vandervoort.
A. cannot say; 1T was some time before
his publication.
Q, You speak of it as time of great poiti- |
,A excltement-what particular question was