Omaha daily bee., 1894-03-25
incompetent, prevalent and immaterial.
The Court-what was said7

incompetent. prevalent and immateriai.
The Court-What was said2
Mr.. Simerat-Note an exception.
Al I remember Il. he was looking over
the appearance docket Of tho court, and ne
turned TO this Jardine case. or was ABOUT 70
and he spoke to me concerning u ana IN
reference to the defendant In the case plead
ing guilty, and asked me " there was some
special influence, or some special pull OF
some words to that Effect don't remember
lust the word he used-by reason OF which
he had the sentence suspended.
Q--what did you say to him? Al told
him there was not; that 1 thought II was a
deserving thing to do; that the court ala just
what he should do in the case.
Q.-What did you say to him about the
course pursued In reference to the case OF
Jardlne? Al said that the court had
spoken to me about the matter and had told
me about what he was going to do, and /
thought It was a wise thing. .
Q.-That. you say, was on the 9th day or
this month. after the disposition OF the
Jardine Gaze?
Mr.. Simeral-That is objected to. as the
records are the best evidence.
The Court-Answer the question.
Mr.. Simeral-Note an objection.
At was the day, your honor, in which
action was taken in the Jardine case. !
don't remember exactly the date. lmme-
diately after the action was taken, before /
left the court house.
The Court-Cross-examine. II you wish TO-,
Mr.. Defendant.
Judge Du0ie-I wish to inquire at this
stage OF the proceedings If you Intend to
allow the defendant to be represented by at
torney.
The Court-You heard what said, didn't
you?
Judge Dume-You said that he should be
50 represented, If / remember that he
should be 50 represented.
The Court-Didn't you hear Just what |
said now?
Judge Dune-I understood your honor to
address yourself to the defendant.
The Court did, sir. | said. Have you
or your counsel any questions to ask?
Didn't you so understand 1t?
Judge Duhle-No, sir; I did not.
The Court-You should have heard 1t.
Judge Dufic-I beg your honor's pardon.
The Court-Granted, sir.
Cross-examination by Judge Duffie:
Odd you have a talk previous to the
talk you had with Mr.. Percival. with him
and Mr.. Haynes? A-The two gentlemen
came to my office, l believe some time
7 don't remember whether before or after
this action in the Jardine case.
Q-You had a conference with them to-
gether about that case, did you not? A
Yes, sir.
Q.-Is +. the same conversation that you
have related here? A.-No, sir.
Q.-What, if anything, was said about
the case-lt was previous to The Bee-to
the publication of this article. was it not?
The Court-You need not answer the
question until the interrogation is put to
you by the court.
Judge Dume-Note an exception.
ON that conversation, to which | have
referred, at which Mr.. Haynes was present,
wasn't 1t had In reference to the matter Of
the letter published in The Bee-or the
article published in The Bee, or the letter
by you published in The Bee? Al think
it was in reference to a letter | had sent.
This is what 1t was, when | come to think
about It.: had sent a communication to
The Bee with reference
The Court-What conversation are you
abiding to?
Judge Dufie-To the conversation with Mr..
Haynes and the defendant.
The Court was only interrogating you
on your conversation with the defendant.
Confne yourself to what was upon
in chief. | asked you nothing about a con-
versation with Mr.. Haynes.
Mr.. Simeral-It is the same transaction.
The Court have ruled on 1t. sir.
Judge Dufie-Notea an exception.
Judge Dufie-Did you In that conversation
express surprise that the plea of guilty should
be allowed in that case? A-Which case do
you refer to?
Q-The Jardine case. Ain that CONVERSE
ton | had at my office?
The Court-You will not answer anything
about a conversation you had in your office
until | examine you about that.
Judge Dufie-Note an exception.
The Court-Your exception goes down as a
matter of course.
Judge Dufie-You had a conversation. as I
understand 1t, with the court, as to the best
method of proceeding in this case of the
State against Jardine? A-Well, the court
told me what his views of the case were, as
] said; yes, sir.
Q.-Was that before or after the plea of
guilty was entered in the case? Alt was
before the plea was entered.
Q.-Who was present at the conference
you had with the court in reference to that
matter? A.-Judge C.. r. Scott and myself.
Q.-Any one else? A.-No, sir.
Q.-Where was that conference or CONVEX
sation had? Ain the judges private
room.
Q.-Was any conference had between you
before the plea of guilty was entered? A.
| say 1t was before the plea was entered.
Q-Was MIR. Jardine or any member of his
family present? A-They were not.
Q-Had they been before that time? A
They had not.
Q-You had not seen them in reference
to the case? Al never saw Mr.. Jardine,