Omaha daily bee., 1890-01-19
Q.-YOu have forgotten it now, Ayes,

Q.-When you say there were four, you
mean TO INCLUDE yourself and Nandervoort
and Siebolt and this other man whose name
you cannot recalli Ayes, sir; that is II.
aQ.-Are you sure that MIR. Yost was not
the fourth mani A.-No, siri l am not
sure.
Q.-Are you certain whether that CONVEX
sation took place in Vanderyoort's Office or
in Mr.. Yost's object A.-Well, it was VI
s%tairs; up at least one flight Of stairs; do
not think IL was in MIR. Yost's ofice; MIR.
Iosts office was on the first floor.
Q.-Who were the parties engaged IN that
conversation A.-The principal converse
tion that / have spoken of came from Mr..
Vandervoort, and we were listening.
Q-To whom was MIR. Vandervoort talk
ing at the timel A.-To all Of us; TO all
three of us there-my recollection Is.
Q-Was that conversation after or before
the publication OF the Curry cardl Alt
was before.
Q.-About how long before the publication
Of this Curry card did this conversation
occurl Al could not tell you about that;
i do not remember much about this card.
Q.-Do you remember how long before the
publication of that card the conversation
occurredl Al do not.
Q.-Do you remember of seeing that card
in person, yourself, and reading iti A.
Well, l think | have; but l have heard so
much about IL that -
Q'-You are not ~certain2 Away, 1 have
heard it, or seen 1t, | am not sure. l had
this about what it was going TO
be. but whether l seen IL or not l do not
know.
Q.-Do you know how long after the pub
lication of the Curry card II was before the
assault WAS made on MIR. Rosewaterl A.
Well, when / do not know much about the
publication it would be pretty hard for me to
tell how long afterwards.
q. So you do not know how long after
wardsl A.-No. | should say from the
time 1 had the conversation it was four or
G,,, 1-,- ~ .l~ --- .- x--l-
Whether the card came out in the meantime
or not l can not say. l can not tell how long
afterwards.
Q.-Do you remember how the conversa-
ton about Curry got started there between
MIR. Vandervoort and yourself and these
other gentlemen2 A.-Well, that came about
in this way : MIR. Rosewater was dealing
pretty heavy blows around one way and an
other.
Q.-Agamst whoma A.-He had a pretty
heavy and this negro was to, as [ under
stand it. was TO club him and assault MIN on
the street and throw him into ridicule. Do
not understand me to say l thought there
was any plot there for a deadly assault to be
made, for l did not think there was.
Q.-You did not understand it was to be a
deadly ASSAULT A.--No. sir: l did not I'M
derstand it; but my knowledge Of the col
ored race is that whenever they get the
upper hand they are no people to trust, and
l called TO see Mr.. Rosewater to tell HIM
| about the plot to lay him out, for knew
that would DO of more benefit to Mr.. Hitch
cock than if he was assaulted, and l take
my own way of helping my friends.
O. What was 1t Mr.. Vandervoort said
about the matter, 30 far as you can remem-
berl A,-Curry was going to publish a card
demanding an explanation. They had talked
to Curry and they had impressed on MIR.
Curry that Rosewater was meddling with
his private business in calling his place q
den, and IL was necessary for him to viudi-
cate himself, and he was going to call
upon Mr.. Rosewater for a retraction of the
article, and ii he made a retractlon he was
gong TO assault him, and if he came back as
he generally done he was going to assault
| him anyway.
Odd Mr.. vandervoort tell you from
where he got his about what
Curry was going to doc A.-Well, now, you
do not want to draw out my notions about
that; I have told you the facts: l could soon
| tell you my opinion.
OIL am not asking you; but do you know
| from whom MIR. yanueryoort got his infor-
nation about what Curry was gong to do
| Al think he had talked To Curry, and /
got the intimation that it was a pretty easy
thing, that Mr.. Curry was going to be melted
about the abuse of his private business, and
work. That is about it. That is the impress
sion 1 got. l do not know that. You see i
| cannot know that.
Q.-You do not know from whom Mr.. Van
II ucTNOOTU ROL tudI lhIOTudtIOu9 h.-lud
Curry was going to assault hint
Q.-Yes, sir. A.-No, sir; I do not know;
and 1 have told you all / know about that. :
Q.-You have already stated that, as you
be a deadly assault. Al did not so I'M
derstand II at all. l understood it that he
was to be buffeted about by the negro on the
street, and thrown into ridicule; that is as 1
understand it. did not think the intention
was a deadly assault; but that is only an
opinion.
Q,-When you had learned about what
Curry was going TO do for MIR. Vandervoort
YOU went ACKNOWLEDGING on personally
friendly terms with Mr.. Rosewater-and no.
titled him of the contemplated ASSAULT A.
Yes, sir; to let him ward it off. which would
be much better for the interest of the party
whom all this was intended for.
Q.--Being unable to find Mr.. Rosewr' :,
the defendant here, you saw his bro. 4
Andrewl Al found his brother Andrew.
Q.-And communicated to him what you
had heard Vandervoort say! Ayes, SIR;
and told him to find his brother at once, be-
cause 1 did not know when this would hap
pen.
Q.-You never saw Mr.. Rosewater in per-
son before the assault was made; that is,
and after this conversations Al never
saw him until after he got out of his bed,
that | recollect: ! do not recollect that j ever
did; 1 went to his house TO see HIM, but he
was not to be seen.
Q.-You were here in the city at the tina
OF the meeting of the grand jury which after
towards indicted this man Curry for that as
saults Ayes, sir; l was before that grand
jury.
Q.-Do you remember about how long IL
was after the assault before the grand Jury
convened Al do not, but | think it was
pretty quick; l think Judge Savage was
Judge here then, and l think he empanneled a
grand jury pretty soon. Some days, though,
i think; l do not know how long.
Q.-Wasn't it the general understanding
here, on the streets, and wasn't it rumored
about as a matter Of public notoriety that
this jury was q kind of anti Hitchcock juryl
Objected to as imnaterial, irrelevant and
incompetent; objection sustained.
Q.-Were you personally acquainted with
the members composing the grand juryl A.
do ! remember the composition of III
Q.-Yes; didn't you know personally the
membersi Ayes, sir; | did then. l very
distinctly recollect the foreman.
Gas a matter of fact wasn't that grand
jury composed of men who were anti Hitch
cock meni
Objected to as incompetent. irrelevant and
immaterial; objection sustained.
Q.-You, yourself, were before that gra nd
ury as a witnessi Al was there; yes,
sir.
Q.-You say YOU never talked with any
body about this assault, or about this con
versation you had with MIR. Vandervoort be.
fore Won were a witness before that grand