Omaha daily bee., 1905-06-30

Ildut city enhlUttI VI Oildiio oAiN AiNAN wv
job about a year. At this time President
Cleveland made him a member of the board
OF visitors to Annapolis In 1898 he again
resumed the naval service. he said. and
was a lieutenant throughout the war, but
saw no active service in battle. Discharged
In 1899 he went into the insurance business
here and is still in that line az he was
when a member of the state senate, elected
in November. 1909. In June, 1904, he was
chosen to fill vacancy on the Water
board and was afterward elected to the
position. He is still member of the board.
ConnelI IL OVerruIed.
When Howell had finished his direct ex-
animation Mr.. Connell moved to strike out
| the testimony, attacking the sufficiency OF
| the complaint on the grounds urged in his
| demurrer which Judge Day had overruled.
He was overruled and then filed a general
objection to all testimony given in the case
| by Howell. This being overruled there was
| more legal fencing and saving exceptions
| were placed in the record. Then the county
| attorney went through the business of get
| ting the issue OF The Bee and the articles,
| or parts of articles he wanted, before the
| court. Next Mr. Howell was asked about
| conversation he had with Mr.. Rosewater at
| Lincoln last February He insisted on
calling this a colloquy, and later in cross
distinction without a difference between
conversation and coloquy. His definition
was entirely Howellesque II seemed. for 1t
| was new and wonderful to all hearers.
| When Mr. Connell took the witness to
| cross-examine him there was an exhibition
| of halting, attempted explanation, half
uttered dissertation, and finally blank
| refusal to answer such as probably has
never been seen in the criminal court on
81,
| prosecuting witness. Mr.. Howell put up
some fearful faces at the questions asked,
squirmed and hesitated, until both the
county attorney and the court were COM
PEELED to urge him to answer and then ex-
plain, If he must, on redirect
Mr.. Connell brought out that while the
father of the witness had no direct con-
nection with the water works company
| controlling the Omaha plant, he was in
terested in trying law suits with w. A.
Underwood while practicing at Detroit
Passing over this matter, Mr.. Connell
brought the witness up to the question,
Have you ever paid one dollar of real
estate or personal property taxes in the
city of Omaha?"
Touches Tender spot.
Right there Mr.. Howell bucked like a
horse headed west which wants only to go
east. He started to explain about some
property his mother owned, but Connell
wouldn't have 1t. He insisted on an answer
direct, but it took many minutes and ad-
monitions from the court and county at
torney to lead him to the final admission:
IL do not know. do not now recollect."
After several such attempts Mr.. Connell
was compelled to give up.
well, If you won't tell we can't make
you. l guess"
Then to the Lincoln "colloquy."
You went to Lincoln because you knew
Mr.. Rosewater was there and because you
wanted to get him to make some admis-
sions regarding this open letter you could
use as evidence against him, and you took
this paper with you, 0idnt your"
Howell wanted to enter into an expana-
ton. Connell headed him off and the court
ruled again that he must answer. Here
he once more stuck to ''colloquy" like a
scared boy to life line. In the end he
admitted his purpose 4as as indicated in
the question.
Cornered on threats uttered at Lincoln
to send ,Rosewatcr to the penitentiary and
to make the Bee building a haunt only for
bats and pigeons, the witness denied this
after much hedging and dodging and after
| looking at notes. to- refresh his memory.
, little later he adptitted connecting Mr..
Rosewater's name And the penitentiary,
but the threats he still denied.
) More Dodging of Questions.
Mr.. Connell asked: you haven't any
love for Mr.. Rosewalter, have you?'
This question gave rise to more hemming
and having, without any definite answer
except II can't sayE" this with attempted
explanations and qualifications which were
not allowed.
1t was at this pPint that Mr.. Howell s
brother, lawyer from Detroit, Mich rose
and wanted to takd advantage of an invi-
tation of Mr. Conn$ll to get into the case.
} He alluded to the ihvitations and said out
I of courtesy to his brother he would like
( TO participate. Mrll Connell expressed his
/ willingness. JudgeIDay said 1t was mat
Y ter for the counUl attorney. Judge Sla-
e baugh replied he Would insist on conduct
4 ing the case himself with the aid of his as
sistant, Mr.. Shotwtll, but he would be glad
to avail himself tf the Detroit lawyers
g advice. Then he again advised r. b
A | Howell to answer Eounsers questions.
7 Witness said he hrew the bill known as
: the Howell compulsory water works pur-
n chase bill, with thl assistance of Mr. VIII
= Poppleton, and hid it ready before he
> went to Lincoln td take his seat This led
o Mr. Connell to tr5 to get in Mr.. Popple-
:, toms views now land also those of his
: father but an objection stopped him. He
9 | asserted they artI not in favor of the
a method adopted.
Witness admitted he had secured the In
, PRODUCTION in the house of copy of his
, | bill
n Various Positions in Omaha.
Next Mr. Connell took the witness dowr
n the line on the positions he has held II
| Omaha, out to the so-called Howell dry
g ditch at Ogalalla and up against the in
, | yestigation held while he was city enginee
= on the charge that he had gone east anC
: made application to get into the service o.
d the water company. Howell admitted NJ
r. had applied for the position of manager
of the water works while holding the Jol
l. of city engineer.
"a Here counsel sought to bring In the rec
70 ord of the investigation as the basis To-
"a Mr. Rosewaters striqtures against Howell
:, as a candidate for the place he holds. Th'
state resisted and Judge Day was inclined
to hold the objection we'll taken, on tn
ground that It was not proper cross-exam
ination. Mr.. Cornell insisted on his righ
TO bring in the record and argued the mat