Omaha daily bee., 1902-03-28
REPEATS FORGERY CHARGE
Mr.. Mcintosh Insists that Equalization
Board Record is Bad.
REFEREE STANDS BY RECORD, HOWEVER
r. ID. Wend on witness stand Explains
Why shriver and Morton Were
brought Into Case rs
CompIRInRnts.


|uch Of the lawyers attending the tax
mandamus hearing as are blessed with pro-
phetic vision claim to be able to see the
end OF the present dreary session. Looking
down the vista Of time, they predict that
Wednesday OF next week will see its con
clusion According to this calculation two
more days are allowed in which to ex-
anime witnesses, and one day in which
to sum up the case Court will adjourn
Friday evening to Monday morning. and the
chances are it will adjourn Monday night
until Wednesday morning, as a city election
will be held In Lincoln Tuesday, and Ref
cree Ryan wants to be there to vote.
At the conclusion Of Thursday afternoons
session Attorney Webster announced that
unless something unexpected came up in
conference in the meantime, the respond
ents would rest their case early this
morning. Attorney Mcintosh, In turn, an
nounced that his first witness this morning
would be City Clerk Elbourn, and that the
second witness would be City Councilman
Zimman.
The hearing was snlivened yesterday
morning by Mr.. Mcintosh repeating his
accusation Of forgery in compiling the
Board Of Equalization record The ques
tion came up while he was cross examining
Witness Fred d. Wead Of the Real Estate
exchange.
did you. as chairman OF the tax com
mittee Of the Real Estate exchange" asked
Mr.. Mcintosh, indicate what members OF
the exchange you wished to address the
Board Of Equalization?'
Attorney Morsman objected to this for
the reason that the record Of the board is
the best evidence.
stirs Up Forgery Charge.
Referee Ryan said: 'If the purpose Of
the counsel in asking the question is to dis
credit the witness testimony by showing
that 1t Is In conflict with the record,
shall overrule the objection, but II the pur-
pose is to discredit the record by this wit
ness testimony, then must sustain the
objection. AS matters are now must re-
gard the record as a verify
"Oh, this record is not necessarily a YER
ity, your honor" replied Mr.. Mcintosh. II
propose to show that large part of 1t was
made up and that one Of the exhibits they
have offered here today, purporting to have
been taken from the record is an absolute
forgery"
The referee smiled indulgently and said,
Let us face our troubles one at time,
Mr.. Mcintosh"
And not only that" resumed Mr.. McIn-
tosh' pul pTOpobe 10 snow, your honor,
that majority of this city council, SIT. nS
as board of equalization, was so jealous
TO serve the corporations that even when
one of the corporations volunteered to per-
NIT its assessment TO be raised this ma
tority wouldn't raise it."
The corporation lawyers nudged each
other and laughed heartily.
How do you propose to show that the
record has been falslfed?" asked one OF
them. banteringly.
by the minutes that were taken during
the course of the sitting" was the answer
The city clerk has them over there"
ConneIl Reads Record.
City Attorney Connell occupied the FIRST
hour of the hearing Thursday forenoon in
reading the journal of the Board of Equal
ization Of January II. at which time an al
legged hearing was had on the eighty eight
complaints OF the Real Estate exchange
When he had finished Attorney Morsman OF
the telephone company took his turn as
Spokesman. He called to the stand Frank
D. Wead real estate agent and chairman
of the tax committee, which drew up the
eighty eight complaints for the exchange
Asked to give the names OF the other
members of the committee, he answered
C. G. George. John s. Knox. A. L. Reed
c. F. Harrison. Charles Saunders, S. p
Bostwick and John L. McCague.
why did you have so many complaints? p
asked Mr. Morsman.
Well. we bad 900 blanks printed, SO al
to give everyone chance to complain who
wanted to-"
And out OF that thousand you got eighty.
eight OF them filled out?"
Yes, SIR"
Tho object was to make a sort Of dem
cnstration against the corporations, WASH
itr'
1--WE had some such purpose"
When did you employ Mr. Mcintosh al
your Attorney"
II don't know; It was shortly after tn,
eighty-eight complaints were turned Gown.
when did Morton and shriver appeal
upon the scene?"
THE same day, think"
Your committee sent for them, did it?'
''Yes, SIR"
"At the suggestion of Mr.. McIntoshY"
Eyes, sir"
About shriver and Morton.
What was your purpose in sending 70
them2"
MIR. Mcintosh objected to this questol
and his objection was sustained.
"As matter OF fact" resumed Mr.. Mors
man, you sent for Morton and Shriver be
cause they hadn't signed any Of the origina
eighty-eight complaints. Isn't that true
You were afraid to use any OF the origina
eighty y-eight signers, because you knew the
had had a hearing and therefore the
wouldn't be granted another hearing Ism
that true?"
Mr.. McIntoshs objection to this was sus
tanned.
In cross-examination Mr.. Mclntos
showed by the witness that Relator shrive