Omaha daily bee., 1898-09-29
SMITHS STATEMENTS FALSE
Popocratio Deputy Attorney General stoop'
70 Willful Falsehooa,
STUPID STORY ABOUT EBRIGHT CASE
Seeks TO Make Judge Hayward Re-
sponsibIe for the Dciinauencies
of smyth and Mutz and the
SMILING Committee.

LINCOLN, Sept .--CSpecial) pop
ocrats were preparing to go on the stump
with a story about Judge Hayward and his
connection with the Ebright case at Ne
braska City and Ed 2. Smith launched the
story in his speech here last Monday night.
Smith said that Hayward acted as attorney
for Ebright and for the state at the same
time and that he dismissed the case against
Ebright This story was not true, and Dep
uty Smith was in position to know that
it was not true. The development OF the
matter and proof of the fasity of the charges
made by Smith, it is believed, will act as a
boomerang against the popocrats. 1t seems
now that the question most concerning the
public is, why either Smyth or Smith was
not on hand to prosecute the Ebright case ,
In fact 1t looks as IL they tried to involve
Judge Hayward in the case in the first
place with the hopes that it would embar-
rass him in his candidacy.
In order to get at the truth OF the matter
Judge Hayward was interviewed today in
regard to the Smith story.
Judge Haywnrd's Version.
81 had nothing whatever to do with the
case" said Judge Hayward "and was not
present in the court room when 1t was
tried. The original information was made
OF Otoe county, or by the attorney general.
The case was begun sometime last winter
or spring and a continuance was taken. In
the meantime Jessen enlisted and went to
war, and myself and the other attorneys of
Nebraska City volunteered to take care OF
his business without charge during his abb
sence. Before leaving, Mr.. Jessen instructed
me not to have anything to do with the
Ebright case, saying the attorney general
would attend to 1t. The county judge or
Otoe county appointed me as acting county
attorney, 1t being necessary to have some
one to sign informations in the absence of
Mr.. lessen 1t was my understanding that
the attorney general was to come to Ne
braska City to take charge of the Ebright
case and | paid no attention to 1t. The day
before 1t was set for hearing, however, Mr..
Mutz telephoned me from Lincoln that he
was coming and asked me to get ready for
the trial. / answered him that l would not
try the case and that he must bring the
attorney general or get some other attorney
Mr. Mutz came to Nebraska City and called
me up, and insisted that take charge OF
the case; | again refused and we had some
words over the matter. 1t was amicably ar
ranged however, and l sent for W. c.
Sloan, one OF our ablest criminal lawyers
charge OF the case for the state.
1T is my understanding that the tra
lasted during the entire day, and that II
was dismissed by the county Judge. | was
not present in the court room at any time
during the trial. / was never attorney fol
Ebrght in any case in my life. Sometime
about three years ago /, in conjunction with
four other attorneys, represented the sta.,
In a case affecting the status of the blint
asylum"
Judge joyce DenOunccs II.
County Judge Joyce of Otoe county, II
whose court the Ebright case was heard
was also interviewed today. He had no hes
itation in branding the Smith story as al
absolute falsehood.
"Mr. Hayward had nothing to do will
the trial of the Ebright case" said Judg,
Joyce. Some time before the date of tn,
trial he told me that the attorney genera
would come down to take charge OF tn
trial, as he had informed Mr.. Murz tina
such a course would be necessary. Whel
the attorney general failed to appear OIL
The day OF the trial Mr.. Sloan, one of ou
local attorneys took charge of the case ol
behalf OF the state and Judge Hayward wa
not present during the trial. After TIL
contest had proceeded for several hour
Mr. Murphy, attorney for Ebright, move
to dismiss the case for want of sufficien
evidence. | sustained the motion and tn
case was dismissed. Mr. Mutz told me tina
the attorney general never said anything
TO him about coming down to take charg
OF the trial He could not tell why tn
attorney general did not come"
Mart Howe on the warpnth.
For many years one of the prominen
workers among the populsts and popocrat
was Mart Howe, an old soldier. Althoug
he was no place hunter he was recognize
by the popocrats at one time by receivn
an appointment in the Soldiers Home a
Grand Island. He lost this place becaus
he exposed a cheap goods contract whereof
the old soldiers were furnished with worm
prunes and other stuff of the same class
Last year MIR. Howe was secretary of tn
populisu state committee and did good serv
ice for his party. But 1t seems there ar
some things that Mr. Howe will not bea
in silence and one OF them is the recor
of Land Commissioner Wolfe. The Bee
few days ago published an abstract {
WoHes record during the civil war and o
investigation Mr.. Howe found the abstraC
to be correctly taken from the public rec
ords of the state OF Indiana. He has wri
state commenting on this record, as fo
lows:
Comrades what do you think of it? FL
quarter of century have been personal
acquainted with Uncle" Jake. Every yeI
that he ran for office in Lancaster count
the charge was made by the old soldier
that he was "copperhead" during the WI
and belonged to the knights OF the Golde
Circle" and It was vehemently denied |
him and his friends. Since 1890 have bee
in the reform movement In this state ar
"Uncle" Jake has been put forward as OF
champion from this county and has been OF
nominee nearly every year for some plat
on the state ticket
This same charge has been sprung on hi
each time and was combated with eqa
force by myself and other old soldiers in tn
county. "Uncle" Jake said, 1T was SEM
tor Wolfe, who has no connection with hir
and that he supported every war measure
the legislature" | took his word and b.
lieved his statement to be true.
But let's have the sequel
The office OF commissioner of public LAM
and buildings has always been a soldiers
office. No time since its creation in 1875 HI
there been less than one-half OF its en-
ployes eX-Union soldiers. The janitors
and around the building have all with b.
one exception, been soldiers There are L
employees in Wolfes ofice-six males al
four females, and not an eX- Union soldie
He will say he has one; it's not true
man that was drafted February 2S lS6
was no soldier. There are seven ianitor
engineers, etc, employed by Wolfe but oI