The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-12-15

dollar
@. In what you did, were you working
for the railroad company or Mr.. Wilson
A. I was really working for Colonel
Haliowell
! O. Then you were not employed to
work for Mr. Wilson
a. No, sir; | was not
REDIRECT EXAMINATION:
@ You carried out. as far as you did dc
! anything, the instructions OF Mr. Wilson
/ A Yes, did.
| q. At whose request did you see Mr..
| Downing relative to the amount he was 70
receive and other couuciimen Were 10 re-
| ceive
A. Mr.. Wilson's.
RE-CRoss EXAMINATION:
/ Q. Did you see any portion OF the check
winch you saw was given TO Mr. Downing
aud, if 80, what parts OF it did you read
a. Well ] simply noticed the checks,
three of them as they we're lying on the
desk. ] can't say positively that did,
simply noticed they were on Chicago
| bank.
O. The question is did you read any por-
ton of these checks-the one which was
given to Mr. Downing.
A. did not.
| O. Can you state the contents OF that
! check given to Mr. Downing?
A. That would be impossible without
| having read as TO the words
O. Can you state auy of the words TO a
certainty that were in that check? if so
state hem.
A Not positively outside the words
Chicago Bank"
| O. Do you know the reason, or any rea-
! son why checks were prepared and given
| TO the councilmen at the time they were
| instead of currency?
! A. Yes
@ From whom did you obtain the
| knuwiedge?
! A. From Mr.. Wilson, and it was the
understanding that checks were to be
| given until the council voted, until they
| cast their vote favorable 10 the PROPOSE
tion. | think such confidence was instIl-
ed by the friends Of the councilmen In MIR.
Wilson, who said that he felt safe Ill pay
ing the money in advance.
= State what, ii any, conversation you
had with the plaintiff, Mr.. Wilson, regard
ing those checks.
A Mr. Wilson favored giving the checks
prior to the meeting of the council casting
their vote, but after talking it over with
two members of the council and the friends
of the councIlmen. | concluded il was safe
to pay the money in advance, and so stated
to Mr.. Wilson Mr Wilson agreed with
me in the matter, and think all of the
money was paid ia advance.
Cross EXAMINATION.
O What, If any, money did you see paid
to any of the councilmen you have re-
ferred to.
A. [ was sitting in Colonel HailowelPs
Office when Mr.. Jackson came in with
what supposed to be the money for the
different councilmen in envelopes Mr.
Schnitzler came in shortly, and / stepped
outside in the hall and he came out with
one of those envelopes, as | supposed, and
opened it and counted the money-greeu-
backs: at least they looked like green
backs. 1t was currency. That was not
over ten feet from where / was standing.
o. When the envelopes you refer to were
brought into Colonel Hallowell's Office
did you examine them or not?
A. | did not.
O. Did you have any conversation with
Mr., jackson when he br ght these letters
into Colonel HallowelPs office?
A | did not.
@. Was or was not any money paid to
any councilman in your presencef
A Nothing except these checks.
g. Was or was not any money paid to
any of the councilmen in your presence
do not mean the checks, but money?
A. Money of what kind?
O. | mean money.
A. There was no money such as gold,
silver or paper currency except as before
SD3 III lDlS OCpOoiOAohs poAN w oHJ "a
the councilmeu IN my presence.
O Did you see Mr.. Wilson in this case
deliver any checks, gold, silver or green
backs TO any member of the council dur
ing the time you have referred to in your
dispositions?
A lave not stated in my deposition
that [ ever saw Mr.. Wilson, personally or
individually, pay money to any person
member of the city council lt was so ar
ranged that Mr.. Wilson was not to indi-
viduaily pay in the money, although the
money came from him or through his
contract.
O. Did you or did you not see Mr.. Will
sou the plaintiff in this case in person de-
liver to any other councilman. any check
or money of any description?
A | did not see him individually or
personally pay any money only as before
stated.
o Did you, or did you not see Mr.. Will
son deliver to any person any cheek or
money Of any description to be paid TO
any councilman for the purpose of inf1u-
euciug him to vote in favor of awarding
the contract sued in this case to Mr.. Will
son?
A. did not see him pay any money as 1
have before stated.
Signed. JOHN V. MoFFETT.
Subscribed and sworn to before me this
18th day of December, A. D., 1o92.
ISeall JOHN FOX,
Probate Judge.
Canadian County, &C
Oklahoma Territory.
|, John Fox, probate judge OF Canadian
county Oklahoma Territory, do certify
that john V Moffett. the above named de-
ponent, who has testified as ABOVE set
forth, was by me sworn to testify 10 the
truth, the whole truth and nothing hut
the truth in the cause pending ia the cir
cult court of the United States for the
District of Kansas, Second Division,
wherein Robert L. Wilson was plaintiff
and the city of Wichita was defendant
That the foregoing deposition was reduced
to writing by w. Ill. Crilley, dlsInterested
person. in my presence, aud under my d.
rection and 10 the presence of said witness;
that said witness, john Y. Moffett, sub
scribed the said deposition lu my presence
after he had read the same over aud after
the same had been carefully read over by
me; that the said plaintiff appeared
by his attorney, Charles I. Cofhn,
and the said defendant appeared by its at
torueys, James L. Dyer and II. l.. Gordo n:
tuAt the said deposition was taken at my
Office in tue town CT FL Reno, county OF
Canadian, territory OF Oklahoma between
the hours of A. Lii. and 6 p. IN, on the
18th aud 18th days OF November, lo52. as
specified In the annexed notice: That 1
am not a relative, attorney or council oil
either party III said action, or ctdeF"Ise
iuteres ed IN the event of said action or
proceeding; that the said witness Johu \.
Motfett lives aud resides in the town Of
FL Reno Oklahoma territory, which IS
more than 100 miles from the city Of
Wichita, SedgwIck county. Kansas, tue
place Of filing OF SAID case.
In witness whereof | have heTeunto set
my naule and affixed my Official seal this
18Th day OF Decembe 1892
isEALI JOHN Fox. Probate Judge.
THEY CANT BE PROSECUTED
One OF these councilmen who il alleged
20 have taken Doodle WAS on the streets a