Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-07-06

Rosewater again took the stand to finish
his direct examination.
Mr. Council had admitted in evidence a
certain publication in The Bee in which
the editor had said he regretted exceed
ingly that reference to Mr.. Howells
father having been connected in the law
business with President Underwood of the
Omaha Water company was based mis-
information.
The attorney brought this forward for the
purpose of showing good faith on Mr..
Rose waters part and a desire to treat
Howell with all possible fairness. He then
proceeded to show that the apology was
entirely unnecessary, for the reason that
in the investigation before the city council
and in his testimony on this trial Howell
testified that his father had been connected
with Mr.. Underwood in certain lawsuits
and that therefore the editors first state
ment was correct
Mr., Council also produced and offered in
evidence a pamphlet put out by Mr.,
Howell over his own signature, purport-
ing to give the facts connected with the
history of the Omaha Water company.
This he issued subsequent to the hearing
relative to his conduct while city en-
gtneer by the committee of the city coun-
Gil
with this pamphlet in, Mr.. Conneu had
the witness go over the story of the water
works company, through a receivership,
with Mr. Bierbower receiver, and
| through the reorganization, with Mr.. Bier
bower as manager and A. b. Hunt as
superintendent This for the purpose of
showing that while the company has
| changed It's name, its owners and stock
holders always have been the same.
Merely Change of Jackets.
at was a change of jacket" said Mr.
Rosewater. with the same man in the
Jacket"
| This led to an explanation of how he
| had received information or Howells rela.
lions with President Woodbury. and others
| and how Woodbury. had made the reques
| that The Bee let up on Howell; that i
| was too severe on him. 1t also led to th'
| introduction in evidence of copy of Thu
Bee containing a fac smile of a receipt
| one of many given by Howell to a prede
| cessor of the present water company, fO
| his salary and expenses an employe
| He had denied specifically in print that h,
was ever directly or indirectly connected
with or IN the employ of the Omaha
| Water company.
Directing, and also during his cross-eX
| animation. County Attorney Slabaugi
dwelt on the technicality that there were
several distinct corporations,
Technically, yes" said Mr.. Rosewater
practically they have all been composed
| Of the same men"
Attorney Connell then asked Mr. Rose
water some questions with reference &c
| Howells injected dramatic statement or
the stand that the editor had bounded
abused and villihed me ever since l sue.
ceeded Andrew Rosewater as city engineer
under Mayor Broateh."
The witness said that to refresh his mem
DRY he had gone over the files OF The Bee
| of that time and had been able to find only
two impersonal references to the city
| engineer.
Catspavv of the Water Works.
There was objection to these going ir
and also to some other facts bearing or
the matter OF good faith, which led Mr.
Connen to say;
IAN Of these things should go in for con
sideration, and believe II they do they viii
convince the jury or any other fair-mindeC
man that Howell was simply the catspaN
OF the water works company to pull III
chestnuts out OF the fire. Mr.. Howell hal
said with tragic emphasis In stumI
speech TO the jury that Mr.. Rosewater hai
bounded, abused and villihed him eve
since a certain time. He has injected hi
poison. Now, we ought TO be allowed L
administer the antldote."
Judge Day ruled out the extracts how
ever. There was no hint In them of malice
or personal feeling,
Recurring to the publication OF the articl
alleged to be libelous, Mr.. Connell brough
out that II was based in part on the re
ports OF the committee which investigates
and censured City Engineer Howell for hi
dealings with the water company, Tn
minority report, signed by two members
recommended his removal from ONCE. Tn
witness asserted that the article was pub
lished with a good motive and for what h
considered a justihable end.
The record of the investigation before tn
council committee, and containing the ma
jorlty and minority reports, then was OF
fered by Mr.. Council and was received 1
evidence.
While on the stand as a witness Howe
had held himself up as the champion {
| municipal ownership. To refute this NJ
Connel tried TO put in evidence the fac
| that in the same issue Of The Bee
| which the alleged libel was published theI
was a largely signed petition for the vo
ing Of al appropriation 70 acquire Il