Omaha daily bee., 1900-02-09
CASE NEARS The END
Evidence IS Closed and TIE Attorneys Are IN
he Mast o. TlDa. Arguments
N. NIB. 2 OF tt. BaJst ey.s TESTIMONY
RerrcsrutHtiye J. q. DetwiIer svenr
The Ave ard Nny NOte Was Taken
ON PnssnEe Of zee Biu-Othcr
Absent.

The mandHuus proceedings t~uueh, b, me
county commissioner rc compel Aibyu
PRANK e~z-elg-k Of the district court. to rem
aer IN account Of fees il accordance WITH
ihs rargusIy enacted law governing district
cler6shins. is nearing he end lu Judge
e. slluE rCuri.
Al the forenoon session yesterday testH.
was closed and In the afternoon the attu~-
news began their final argument Judge
EEreIls sill rr. badly render his decision
s.me time TO-DAY. but ID viii nor be fuaI. fur
il is understood That appeal will be taken
especially H he decision rs against Frank
The witness or the forenoon was !. @.
ucviIsr who was q member o. the house
during the last session o. the Legislature.
Representative Detwler said much 10 es-
t-clsh The legality a. he fee law which
Frank contends is void by reason Of teahul-
cal errors 10 The method Of its Cuactmer..
Et svu~e Re was present On the DAY the bin
was passed ana that the aye and nay vote
WIS CaIled-his being one Of The disputed
points. Eg also testified that he began 10
ErgI q record Of the ayes ana nays and sue
ceeded IN doing SO until toward the close
o. the roll call, when. by reason of con
fusion In the house. he lost track Of he
WIG. ne hurried 10 me clerks uetk. now
ever and supplied The missing votes from
the clerks record. In This way M. bet
vier was positive that the aye and nay
vote was properly recorded by the clerk
He stood alongside Of him and saw it zone.
The vute as kept ny Mr.. Detwiler was not
anv part Of the official records. but simply
iur his own information. as members o. me
legislature usually do when an Important
bill is called -Uf passage.
Ne further light mas been thrown on me
I MYSTERY surrounding the mutilauuu Of the
house journal whereby the official history
O. he fee bill is abridged. but enough svi-
dcrce has been adduced al this hearing 70
show hat some person. unidentified thus
far. mus have "-anpered witt" The records.
In view o. the deputy secretary OF state
testimony TO the effect that numerous per
SOM were from time 10 time permitted 10
examine the house journal after IT passed
into the secretary custody, no way mas yet
developed by which the act can be tRsrsned
upon any Individual
Tuesday afternoon the county attorney
asked for a continuance Of Inc case until
Thursday in order that TWO witnesses from
out il the state might he brought in. He
said he was nu- fully informed as 10 the in
p1rtance Of these Witnesses. but he believed
they might tell something Of interest. On
Thursday the county attorney announced that
ne had thus far been unable 10 secure these
witnesses but Thar he believed he could DO
SO II given a little more time. There was
objection to this and Judge EsteIls ruled
that the testimony be closed and that final
argument proceed.
During E discussion Of the muJilated rec
ord in the morning. and when Franks attur-
news were making one objection after an
other SO rapidly that the shorthand reporter
could hardly have recorded them had he not
been expert, Judge Estelle said:
When q record Is lost +, may be es-aN-
Iished by competent testimony
Count5 Attorneys Affidavit.
The argument, was not finished when court
adjourned al : o'clock and It VIII be re-
sumed tins morning. In support Of his mo-
1iou for q continuance OF the case, in order
that additional witnesses may ne secured,
Inc county attorney fled in the office o.,
The district clerk a lengthy typewriter afr
agvit in which he sGJs forth il detail his
reasons for believing that additional wit
resses may be secured. In substance tne
affidavit states thai Edward Rosewater.
eEftor Of The Omaha Bee. com
munica1ed TO the county attorney the belief
maj ne could supply the names OF witnesser
Z MO IEAlA S-NF fDIAL4Ft al ~ 49,
eject that the yea and nay vote was taken
on The zee pill al The time Of Its passage
-hat the house conuurred in the senats
amendments. and that a proper record was
made OF me proceeding. The affidavit
further sets forth that these Witnesses are
Messrs. Harrison and Mccarthy, the former
a Bee correspondent and the latter 3 mem
ben Of The house. II also says that M
R~osewa,ar made Z "trip 10 Lincoln, from
which place h wired the county attorney
that he had been successful in locating
witnesses. but that il would require q few
DAYS in which 10 get their testimony.
The original Of this telegram is appended
TO The affidavit as an exhibit. IN conClu-
sion the affidavit states that through the
efforts Of Edward Rosewater, still further
evidence has been found a- 10 the legality
o, The bill and that The additional Witnesses
are Messrs. Wall and Gilmore, respectively
clerk and assistant clerk OF the house. i
is also recils,a that Nj. Mccarthy was in
Omaha al the time the county attorney made
he motion for continuance. The county
attorney asked that Inc case be laid ores
until February IS, but Judge EsteIle or
daraa me final argument 10 proceed.