Omaha daily bee., 1900-02-07
FRANK CASE DRAGS ALONG
Tedious Delays in the Mandamus Proceed
ings Against Ex.Distriot Clerk.
LAWYERS INCLINE %1olENG1HY Arguments
After Hearing Vigorous Discussion.
judge Estciic Decides Tint Oral
Testimony is Pcrmissiblc-
Records on Exhibition.

The mandamus proceedings brought by
the county commissioners against Albyn
Frank, ex-clerk of the district court. to
compel him to render a fee account for the
last quarter of 1893, drags tcdiously In
Judge Estelle's court. An argument which
started between the opposing counsel Mon
day afternoon as to the admission of oral tCs-
timOny, did not end until near noon ycster-
day. The attorneys for Frank held that the
records of the legislature showing the his
tory of the fee law under which Frank is
expected to account for fees. Is the only
evidence that has a bearing on the legality
of the law, and that is now the point at
issue. The county attorney Contended that
if allowed to introduce witnesses he would
be able to show that the journal. which
has been introduced here as an exhibit Of
evidence, is not the same as it originally APP
peared. At the conclusion Of the argument
Judge Estelle held that in this instance
oral testimony is proper.
o. C. Weesner of Lincoln, deputy secre-
tary of state, took the witness stand. He
was closely questioned as to who had had
access to the legislative records after they
were given over to the custody of the secre-
tary of state. Deputy Weesner said that
several different persons had cX-
amined the records. He did not
know that any one had mutilated
the house journal or made any changes at
all. Asked If he could say that no changes
had been made, he said: I'VE have other
work to do, and we cannot stand over every
one who calls at our office to see the
records. We are always careful, but our
force is not large enough to permit a man
to watch everything that tranepires."
Deputy Weesner was subjected to rigid
--- -. 49, IL 49,.
the ordeal he did not materially deviate
from his original statements. He was asked
to name every one who had had access to
the house journal, which the county attor-
ney seeks to prove has been "tampered
with He declared that would be an i'm
possibility, as he could not recall every
name.
John o. Burkley, who was an assistant
clerk in the house during the last legisla-
ture, was the next witness. He was inter-
rogated as to the house roll-call on the fee
bill. In a roundabout way he indicated the
belief that the aye and nay vote was called
that question being one Of the ~issues-but
his testimony was not positive. Something
was said about refreshing Of memory" and
that was the signal for another fusillade Of
argument by the attorneys. Franks coun-
sci declared refreshing of memory out of
order.
County Attorney Hns n Surprise.
William NJ. Wheeler, editor of the Wake
field Republican, who was enrolling clerk
in the legislature, was examined at the after
noon session. He testified that he saw the
bill in question when 1t cam from the
house and he observed that another paper
was attached to it. This was supposed to
DO the aye and nay vote. Mr.. Wheeler
was frequently interrupted by objections
en- the part of the attorneys and the usual
volume OF argument took up considerable
time. At the close of Mr.. Wheeler's testi-
mony the county attorney sprang a sur
prise by announcing that he wanted the
case to go over until Thursday.
Il have just learned today said the
county attorney, "of two witnesses out in
the state who are said to be able to swear
positively regarding the status of this bill.
| am not positively informed as to what
these men will swear, but if reports are
true they will be valuable witnesses for the
prosecution and | want the case postponed
until l can get them here
Judge Estelle said that the importance OF
this case is such that he would grant amy
reasonable request that promises to throw
any light upon the mystery that now sur
rounds tho enactment of the fee bill against
which Frank is fighting. So the. hearing
was postponed until Thursday. The county
! attorney did not state the names Of the
witnesses he expects, but it is said that
one of them is coming from David City.
The defense will also introduce outside tes-
timcny and it now appears that the Frank
case may continue until the latter part
of the week.