Omaha daily bee., 1885-06-13

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the jury. Shortly afterwards, that body
came in, returning a verdict for Mr.
Rosswster, assessing his damages al
$100. This, of course, determines tbs
guilt Of Messra Yost and Nye, in stamp
Ing the article published as libelous In III
nature, and secures to the plaintiff {
complete vIndication, which In all such
cases Is the main thing to be desired
Mr. Rosewater says that he will donate
the Sl00 to st. Joseph's hospital
Appended is the closing testimony in tht
case.
1. s. HAsoALL
sworn for the defendant testified AS follows
examined in chief by MIR. Hail.
Have lived in Nebraska, continuously fo
over twenty years, came here in March, 1865
that is / came to Omaha, had been to Ne
brsska before; sm acquainted with Edward
Rosewater, the plaintiff in this case; knew
him soms time in 1870, have known him eve
since.
Q. Do you know the charge of rumored re
ports against Mr., Rosewater which is the sub
ject of this action?
A. Yes, know what the substance of tn
action is and i know of these reports,
q. DO you know what Mr.. Rosewater 3 rep
utation was in the state of Nebraska as to hi
having been loyal or disloyal during the wa
or having been charged with being arrested o
a confederate spy?
Objected to; withdrawn.
When did you first hear if at all of the ru
mors and reports regarding this charge?
A. After Senator Hitchcock was elected
United States senator, think in the winter
of 1870 and 1871.
q. State to the jury the nature of these
charges and rumors and from what sources
they came, and how frequently you hearc
them.
A, heard them repeatedly and the nature
of it was this, that at the breaking out of the
war he was in what is known as the southern
confederacy; that the confederate government
gave all parties that desired certain period
to leave in and that he stayed after that
period and that he was on committees for re-
ception of distinguished rebels as JEFF Davis
and that he was 80 acting, and did so act as
Stevenson on the Northern Alabama railroad
that was one OF the charges and another was
that after the union army had passed south
that MIR. Rosewater among .others were
brought within the federal line by the force
of circumstances and from the time that he
entered the employ of the government and
through his certain secrets leaked out at
Washington.
@. How general had that report been in
circulation in the state of Nebraska?
A. In the state of Nebraska it was talked
among political men particularly;I know that
it had been charged in communications and
public speeches; 1 have charged it myself
q. Have you made these charges in the
presence of Mr.. Rosewater?
A. Yes sir
O. Speaking with reference to years, for
how many Years has that report as you have
named it with the circulation that you say it
had been current?
A. Tnere was considerable excitement dur
ing Senator Hitchcock's term and Mr.. Rose.
water made a strong political fight upon him
and upon all those that sustained Mr.. Hitch
cock. consequently it was made very often be.
cause he would claim to be Simon pure re-
publican, and he would attempt TO show that
the supporters of Hitchcock were rebeles or
something, and these facts were brought out.
q, You say that you charged Rosewater
with having been man who careened to both
sides. Did you make that charge at public
Objected to.
Q. State specifically as you can what these
charges were as made by you in public meet
ngs at which Rosewater was present!
A. At different times l have charged that
be certainly could not be very good repub-
lie an; that he claimed to be an original repub.
tcanj snht ne couio uot oe al original repup'
lie an when he stayed within these lines when
It was his duty to get on the other side, and
hat he only got into the union lines by force
IF circumstances, and charged him many
lines with being q conf .derate coward, that
he was there in their confidence; that he was
within the confederate lines when he should
have been out; that all loyal men would bs
north of the line, that having been by force of
taken within the union lines,
L. l. H.
vice of the United States and consequently
things leaked out That is the insnuatlon
and charges that have repeatedly made.
CRoSS.EXAMISED BY MR.. SIMRRAL.
Q. You speak of things leaking, what do
you mean by leak?
A. mean that he has stated in my pres
ence, that he was in the confidence of Secreta-
~ Stanton and that the most important things
Of the Government passed through his hands.
@. What was it that leaked?
A. The secrets of the Government that
went to the confederacy in such way that
the Government did not know where it came
from; they were leaking all Of the time dur
ing the war,
O. On account of Mr.. Rosewater's relation
with Secretary Stanton?
A. No, / claimed that he was one of those
middle agents that were liable to let things
go through thom like a sive.
@. Was he liable to do or did he?
A. That he was probably one of them that
did it.
@. What do you mean by probably?
A. What picked up was circumstances.
q. From whom did you obtain the circum'
stances?
A. After the fight became strong parties
came to me and told me
q, Who was one?
A. One was William Spencer,
q. Who was he?
A. He claimed to be-
q. Who is he?
A. A house mover.
q. Who else came to you?
A. Different ones.
Q. / want the names?
A, 1t is like all rumors; 1t ia discussed and
talked over, and from Mr.. Rosewaters own
as to where he was about the tIme
in connection with those things that we picked
up, we made circumstances that we thought
were strong ones,
Q. Do you claim that the federal govern
nent established proclamation that ell north.
srn men ought to get out of their lines, and
hat was the reason that he was q spy?
A. / did not say 30.
@. Don't you know there were thousands of
men In Tennessee that were loyal that re
NAMED there?
A. Yes, sir.
@. You said little while ago that Mr.
Sosewater was in the confidence of Secretary
Stanton in tine war department; do you pre-
end to say that while in the war department
hat he acted as confederate spy and re
'eale1 secrets?
lad gathered would warrant that inference;
10 not know certainly that he ever betrayed
my secret either confederate or union, but we
rot circumstances that warranted us In making