The Red Cloud chief., 1902-10-31
Let the Truth Be Known.
+. U. Overman Replies TO the Nat.

~NlH'SStS ltSIUlnR III bNIDlH
county, Nebraska and that Mr.. Over
man had witnesses which cost S57 that
ne did not. use in the case. This last
charge is perfectly silly, as any think.
ing person knows that IN an important
ease 1t IN sometimes necessary To have
Witnesses, t. meet emerge cies, who
are not used and yet it ", nd not he
safe 10 risk the ease without having
them present.
As to the other charge, the Nation
admits that .Oveimhn served Potter
with notice that he was willing to take
the dispositions, but EXCUSES Potter and
bIames Overman on the ground that
overman did not serve his notice until
AFTER Potter had received the order
from. Judge Adams for his witnesses
ana until after Potter had sent the pro.
cess for the witnesses to the sheriff OF
Dakota county. WI propose to show
that Mr.. Potter had sufficient notice.
The fact that Judge Adams gave him
an order for the witnesses in no way
excused him from taking the deposi.
tons aud was 40 excuse for not taking
them, and further, that it is not true
that Potter had Sent the process to The
sheriff of Dakota county b. fore notice
was served on him to take the deposi.
tons. A short time before court Potter
had proposed 70 take dispositions OF
witnesses in Dakota county and Mr..
Ovcrman did not agree Ia take them at
t1at time for this reason: Judge
Adams, had written Mr. Burden hat
NJ would open oourt al Red Cloud on
Way 9th, open the putty session and
a l'urn the jury tenn until later ON
u count II the smallpox
Mt Ovcrmah knew that when Judge
Alamo came here that Mr.. Potter
would he obliged to- apply for compul
sorry process for The attendance OF his
witnesses, and, in order to do this, he
would have to nHmc his witnesses aud
be coniided To the number for which
the s%tatutess provides, while, if he had
accepted Mr.. Potter's first proposal,
Potter could have taken the dispositions
OF any number Of WITNESSES aud would
not have been confined to any certain
ones. Now let Us see what was done
Judge Adams came to Red Cloud, May
rtb Inlt ,.,,,, IA, =, A. =. 81 ~, L. a.. ,l.,,
a i"urned court until May 18th. On
May 9th, IN the %fornoon, Potter was
appointed attorney for Heating. In
the afternoon Potter made a showing
for compulsory process for fifteen wit
nesses all he is allowed under the law
OF this state. } for the K,a,irg case,
each one Of tb,m, seven of
whom were from Dakota county, with.
in three hours after Potter made his
applications and gave ibe names f tie
witnesses, he wished from Dakota
C ,unty, Mr.. Overmam sol we'd on him,
10y Sheriff Macarthur, the following
n ,lic,:
State OF Nebraska
VS..
FRANK Heating.
10 John Potter, Attorney for Defend.
ant;
whereas You have tiled an appli-
Gallon IN the district corut, asking foi
compulsory process for the attendance
II m Dakota county, Nebraska, being
a distance OF some three hundred and
twenty miles from. Red Cloud, Nebras'
kt, for the following witnesses, fowl
Us. Fr"d hehting' Fred keatlng,
William O'Del', u 'ke Ferris, Carl H,i2
son, Charles Reader, Mrs JaEc Ferris,
+ N"Narder aud others.
Nv, therefore, Yen viii hereby take
nn,ice that ], Is g unity attorney If
Webster county, Nebraska, IN ordrr to
save the enormous expelcc to Webs
er county of bringing said witnesses 10
court, hereby 'ifcr to waive all
II the statutes in regard to