Omaha daily bee., 1902-03-29

OF Equalization had adjourned and after
the RESPONDENTS had learned that they
would need some such entry in the trial Of
this case. | move that it be stricken out"
Mr.. Webster objected to this on the
ground that the motion was nothing but a
speech made by Mr.. Mcintosh for the benefit
Of the press, that the erasures in the book
we're made to admit Of a correction, and
therefore, perfectly regular. The objection
was sustained.
This concluded the forenoon session.
Analysing the Record.
All OF Friday afternoons session was de-
voted to an analysis by Mr.. Mcintosh Of the
Board OF Equalization record for January
II and is. City Clerk Elbourn was on the
stand up to the hour Of adjournment. Many
questions we're asked him concerning the
record, few Of which he would answer d.
rectly. which angered Mr.. Mcintosh. All
Of his questions were objected TO by the OPP
position, but one was objected to for an
entirely new reason, namely, 1t was argu-
mentative.
II object to the counsel arguing with his
own Witness" was the way Mr.. Webster
put it.
81 have to, your honor" answered Mr..
Mcintosh. This witness is VIGOROUSLY hos
tile to the REALTORS. and for that reason
/ can't examine him as l would an impair
tial witness"
The attorneys for the corporations and
City Attorney Connell secuted the idea of
the city clerk being hostile to Mr.. McIn-
tosh. The referee told Mr.. Mcintosh not
to argue with the witness. Mr.. Elbourn
assumed a sardonic smile of triumph.
"Is there any record here OF a Anal &C
tion on the complaint Of the Real Estate
exehange?" asked Mr.. Mcintosh.
81 can't say that there is" was the
answer.
is there any record in the journal OF
January IS OF a final hearing Of those
complaints"
THE record itself is the best evidence on
that point" objected Attorneys Hall and
Connell. Objections OverruIed.
mo. sir" was the answer.
Mr.. Mcintosh then read the record Of
the the board for January II and IS. t.
show that the so-called hearing Of the Rea
Estate exchange complaints consisted o.
numbers Of speeches made by members o.
the exchange and others.
Mr.. webster CFoss-ExamInes.
Mr.. Webster took the witness for cross
examination.
III reference 10 tudN CIdbuiN III III
journal Of which counsel makes so much.
said he, you may state, Mr.. Elbourn. 1
there are any other erasures in the book.
The witness answered that there wer
several. He was asked to md one, whic
he did.
why was that made?' was asked.
The deputy clerk In copying 1t from tn
pencil minutes made a mistake"
"How was the mistake detected?"
after the journal is completed after
meeting ! always read It over for CORES
ton before | afix my signature and seal.
And was this erasure to which counse
objects made for the same reason-tO cor
rect an error?'
1T was"
Mr.. Webster then offered In evidence tn
entire record OF the Board Of Equalizatio
and moved that. since the record as an en-
tirety was going in, that the parts OF
introduced by Mr.. Mcintosh be stricks
out.
Mr.. Mcintosh objected to the introdue
ton of the record as a whole, for IN
reason that it had been mutilated an
falsihed.
Referee Ryan ruled that the entire recor
could go in. but that the parts of II as In
trodueed by Attorney Mcintosh would no
be excluded.
Court adjourned at Z o'clock until ga
Monday morning