Omaha daily bee., 1890-06-08

of my wife; she had been sick
Q,-State what was said. Ale went TO
my son and sent me word 10 call and see
him; told him did not want to see him.
"Well, father" my son said, ''you will
have to go and see him and see what he
wants. So / went over and he came and
sat on the settec. He told me he did not
want any pledges from me this time, but he
wanted to help me, and that there was 81, 500
for each ward and that could have the lay
ing out of that on any streets that wanted.
ON what wardi A.-The second ward,
and 1t was fixed that $500 was to come to
the Second ward as its sharej | was unable
TO be at the council meeting, but sent up
list of the streets that wanted graded to
Shriver: he had the list Of the streets /
wanted graded with this money, and MIR.
Shrver-he and talked the matter over.
Q.-Do you know what became Of that
who was IL that had the distribution of that
money! Al could not tell you; l suppose
it was the council.
Q-Is Mr.. Con Gallagher a member of the
councils A.-Not that l know of.
Q.--Do you know whether or not he has
contracts with the council for any material or
TO do any work for the cityi Al do not OF
my own knowledge.
Q.-Do you know whether H. w. Cremer
has contract with the city tor sewer pur-
posesl Al don't sir
Q.-You are not on the committee on
sewers A.--No, sir.
Q.-Has anybody spoken to you about join
ing inc COlUDllt SliCt lUG OEEdUlIuJlulg A.
No sir-yes there has; Mr.. Morearty spoke
TO me once.
Q.--Whcre was that'. A.-Up in the
court house.
Q.-What did he say. Ale said that
there was one or two that they did not want,
and they wanted to put them off, and they
wanted to know if l would join them, snd
told them that 1 would not join any combine.
Q.-When was thatl A.-The latter parts
of January or the fore part of February,
would saw which.
Q.-Mr Donnely have you ever heard any
rumors in the city of Omaha alleging or
claiming that there was any money paid by
any person, firm or corporation to organize
that combine2
OBJECTED on the ground that it is incom-
petent, irrelevant and immaterial, and on the
further ground that this is proceeding to
have the statement of witness for purposes
other than to use in court on the trial of this
case, ana that counsel knows, as all lawyers
know that question as to runors and as to
heresay is clearly incompetent and inmate
rial; and that the question is not asked for
any Legitimate purpose)
BY Mr. Simeral The question is asked for
the purpose of justifying the alleged libel,
which charges that 1t was commonly reported
and rumored upon the streets that this combl-
nation had been formed by the use of money.
Al never heard that any of these seven
ever received money.
Q.-Have you ever heard of any member of
the combination receiving any money! A.
Yes sir.
OBJECTED to on the ground that the combi-
nation does not refer to the libel in this case
and that it is irrelevant, incompetent and inn
material and not for the purpose of being
used on the trial of this action.D
Q.-Go on and state. Al understood
that Mr.. O'Connor got 81 500, and l also was
told that Morearty got 81 900; was told that
Osthoff got $500, and that $500 was paid to
Madsen.
Q.-Is that alll A.-That is ALL l believe,
sir.
Q.-That was generally reported around
that this was paid! A-Yes, sir.
On cross-cxamination by Mr.. Bartlett Mr..
Donnelly testified:
l have lived here eighteen years, lacking
few months; am a member of the city coun-
Gil from the Second ward
Q.-Have you had any talk with Mr. Sim
eral or Mr.. Rosewater i'll reference to your
testimonya A-Yes, sir. Mr.. Stmeral had
been talking to me on Decoration day. | met
him on the street and we went up to his
Office.
Q.-Where did you have this talk with Mr..
Simeral? AIN his office
Q.-He got you up to his Office did he2
And what did he say when he got you up
thercl Ale asked me in relation to this
matter as to what could testify to.
Did he say he was ,.,,a attorney for Mr.;
Al don't think he did, sir.
Q,--You saw the article that was pub
lished about this combines A-Yes, sir.
Q.-When did you have "a talk with Mr..
Rosewater about this matter2 A.-Never.
Q.-An your talk was with Mr.. Simeral?
Ayes, sir.
Odd you ever have any talk with Mr.
Simeral before that! A.-No, sir.
Q.-You knew that this suit had been COM
menced, did you not! Al saw it in the
papers.
Odd you send word to Mr. Simeral that
you wanted an interview with hims A.-No,
sir.
Q.-How did Mr.. Simeral come to find out
that you knew about this! Al could not
tell you, sir.
Q.-Had you been talking in public what
you have been testifying about! Al have
been on the streets with people. In fact,
every day | come up town there is something
said on the streets
Q.-When were you elected a member of
the councils Al think in December, 1889.
Q,-You have been a member ever since9
A.-Yes sir, as far as know.
Q.-How many members are there in the
council! Al think eighteen.
Q.-9ou say that you had talk with Mr..
Gallagher about fixing the grade in that ward
there-what ward is that? Ascend.
Q.-When was thatl Al think sir, it
was sometime near the first of January-no,
not the first of January-somewhere between
the middle of january and the first of Feb
ruary.
Q.-The last of January9 Ayes, sir
Q.-How did you happen to have that talk
with him9 Ale sent for me.
Q-Who did he sends A.--Pat O'Toole.
Q-What did he say when you went there!
Al excused myself when l went in.
Q-What did you excuse yourself for' A.
4 thought they might have some business.
They said; mo, we are just done" He
drew up chair there and he wanted me to
sign some paperi don't know what it was;
l did not see it.
Q-Did he ask you to sign paperl A
Yes, sir
Odd he say 81 want you to sign
papers Ayes, sir.
Q-Did you sign the paperl A.-No, sir,
| did not.
Q.-You did not know whether it was a
bond or petition, or what it wasa A.-No,
sir.
Q-You had no idea what it wasl Al
had an idea.
Q-What did you think it wasl Al
thought it was something whereby it would
enable majority of the council to do some
thing.
Q.-He did not state that to youl A.-No,
sir
Q.-And you mind went right on that idea,
that it was TO get up combine in the council
to do something's A,-Mr Magrane init
mated as much down at the depot, and was
betting on who was going to be president of
the council.