Omaha daily bee., 1899-05-26
TRIAL OF ATTORNEY COWAN
Charge Against Him is subornation of Per-
jury in Criminal Case,
FOUR LAWYERS ENGAGED TO DEFEND HIM
o. c. CASTOR, Court stenoErapher
Reads the Testimony of Robert
Johnson, who is Awaiting
Trial for Perjury,

Trial for Perjury.
The trial OF W. P. Cowan, the young
Omaha attorney, charged with subornation
of perjury in connection with criminal case
tried at the January term, in which he ap-
peared for the defendants, was commenced
in the district court yesterday morning be-
fore Judge Smith. The regular jury panel
being almost depleted, a special venire was
ordered drawn by the court and 1t was past
o'clock before twelve Jurors had been se-
cured and empanered.
Cowan has an array OF lawyers to protect
his interests, no less than four members OF
the local bar having been retained to defend
him, and he intends to make a strong fight
to acquit himself Of the charge.
The first witness placed on the stand was
o. G. CASTOR, court shorthand reporter for
Judge Thornell, and his testimony was con-
fined to the reading of the testimony OF
Robert johnson, who, 1t is alleged, gave
perjured evidence at the instigation of Cowan
during the trial OF Lawrence and Tracy
charged with stealing Farmer Lorenz's
chickens and breaking into a school house
in Lewis township on the night OF January
80 last. Johnson has been indicted and
is at present awaiting trial on the charge
of perjury. Farmer Lorenz was on the wit
ness stand when court adjourned until this
morning.
The jury in the case of Peter Peterson
tried on the charge OF adultery with Mrs Ida
johnson, came in about 10 o'clock yesterday
morning, after being out since Wednesday
afternoon, with a verdict Of not guilty. The
case against Mrs. johnson, whose trial was
set for yesterday, was accordingly dismissed
by County Attorney Kilpack
j. j. Shea secured an Injunction by default
against the saloon conducted by Charles
Poore on Broadway and a judgment for sa5
attorneys fees.
Cfty Files n Demurrer.
The city filed Its demurrer in the district
court yesterday to the petition of the Coun-
Bluffs, Lake Manawa & East Omaha Con-
struction company in the suit attacking the
city's right to vacate that portion of Ave-
nue. "A lying between Twelfth and Thir-
teenth streets.
In the first place the city demurs on the
ground that the petition Of the plaintiff COM
pany does not show that 1t has any legal
capacity to sue, and that the city council
has not exceeded it's Jurisdiction in vacating
the streets referred to in the petition and
granting the same to the abutting property
owners, as the action of the city council
is within the jurisdiction of the city and
committed by law to the judgment and dis
creton of the city council.
, Further the demurrer sets up that the IL
cense easement for the laying down of
the tracks of plaintiffs proposed railway on
the street referred to, IL valid, does not
deprive the city of the right to vacate said
street and make the transfer thereof to the
abutting property owners when the public
interests require and the passing of the
0rdiD n ta that NOT
exceed the rghtful jurisdiction of the city
and city council.
Also that the action of the council in va
eating the street does not impair the rights
OF the plaintiff company II valid, as the
grant to the abutting property owners and
the vacation Of the street would be subject
, to the rights, If any, vested in the plaintiff
company.
For further grounds the city demurs that
| the plaintiff company has failed to show that
it has complied with the conditions laid
down in the ordinance under which it claims
| a franchise to the street vacated, or that
| it has any right to now occupy the street.
The city claims that by the terms of the
ordinance upon which plaintiff rests its
claim 1t is provided that the license to con-
struct its tracks on the streets referred to
| in the petition "is hereby given and granted
| to and vested in said company for the term
| Oh HIty years from Tue udle Ol Ine pdSSdSe
| of this ordinance, upon the conditions herein
found and herein imposed" And among
other conditions imposed by said ordinance
| it is provided that said company shall
construct it's line from the intersection of
| Broadway and Ninth streets to the Mis-
souri, river, and have the same in opera
/ ton for general public travel on or be-
fore August l. 1898" And, providing fur
ther, that 1t should, during the term of its
franchise. run at least one train each way
at or about 8 a. M, IL m. and p. m.
of each day over its line between the inter-
section of Ninth street and Broadway, to
! the western terminus of its line" and, al
| though the time within which said line
was to be constructed and within which
said trains were to be operated under the
terms and conditions OF said ordinance has
| long since expired, 1t Is not alleged in the
petition that said line has been constructed,
or that any of the conditions upon which
said license was granted have been per-
formed, or that the same has taken effect,
vested or become effective.
| Further the city demurs on the ground
| that no facts are alleged in the petition
| from which 1t appears that the plaintiff
| company has any vested right to construct
| its track upon the street. nor that the ac-
ton of the city council has in any manner
! interfered with or impaired its alleged
! rights. The city in conclusion contends that
| there is defect in parties defendant in that
| 1t does not appear that the abutting prop
erty owners to whom 1t is alleged in the
petition that the street was granted are
parties defendant to the action.
nal. nA,, n lie n