Omaha daily bee., 1905-07-01

The OM "A ia ~
terests OF the city Of Omaha. of being a
pugger for the water works company.
These assertions he. said, caused him to
arise and say that he would have Rose
water In the penitentiary. When Mr.. How
ell had got thus far along he made an ef-
fort to interest the jury in his tale Of why
the editor had taken a dislike to him. Con-
neil objected so forcefuly that Judge Day
ordered all OF the testimony touching the
penitentiary conversation stricken out up
to that point. Then Howell was allowed
to tell Of the incident according to the
rules of evidence, which was entirely diff
ferent from painting a fearful picture for
the jury with his own colors.
one Year in n Law school.
At the start in the morning Mr.. Connell
brought from the witness the statement
that he had taken one year in law school
in Detroit but had never practiced He
also admitted he had known Underwood
socially and intimately in years past, but
denied that he had ever been hired by
Underwood as president of the water works
company for any purpose. He did not
know or converse with Messrs. Hunt or
Fairfield at all, he said. with the exception
of one time in a hearing at the Commercial
club, nor had he ever conferred with r. S.
Hall or any one else representing the
water company with reference to his bill.
The Wheeler resolution introduced In the
council several years ago and the investi-
cation of City Engineer Howell which fol-
lowed had quite escaped the memory of
witness. He could not recall any particular
fact connected with them, unless-or if-and
right there Mr.. Connell and Mr.. Howell
had more trouble. The witness at one time
half rose up in the chair to make some
remark touching the attorneys procedure.
| The latter was quick to take exception
and as windup of the "colloquy" which
ensued said to the court that Mr.. Howell
had his permission to attempt to raid him
| in the court or anywhere else.
Gets Under the Hide.
What seemed to give particular mental
| pain to Mr.. Howell was this question:
WAS not that investigation called for
the specific purpose of investigating the
charge that you had while acting as city
! engineer, attempted to extort 500 a month
| from the water works company?'
The court sustained objection to this
and also to several others along the same
| line. Howell was allowed to answer that
he had put in writing that such was the
| purport and intent of the charge. He also
| admitted he was a witness at the investi
| cation, but several questions framed from
the record of the council investigation were
barred on objection by the county attorney
During a strenuous struggle to keep Out
the old record relating to an attempt to gel
a certain person on the directorate of the
water company the witness said:
| Now, Mr.. Connell, you know the wore
| partner was not used"
This was said in such a truculent humo
that the attorney famed up and protested
| against being menaced, and almost gave
challenge to the witness, as noted above
He also said
you are no favored character here bu
just on the same level as any other wit
ness. l judge 4 man, not by his coat, bu
by his real merit
Not Allowed in Full.
The attempt to show up Howells metho
in endeavoring to break into the waite
company's employment, by his visit cas-
to see the directors and otherwise, whil
city engineer, not allowed to coun
except as Mr.. Connell read the very inter
esting questions asked at the council in
vestigation.
Going back to the tax matter after tn
cross-examination, Judge Slabaugh enable
Howell to say that he had paid taxes o
a piece of property owned by his mothe
which he had given her. This was allowe
against Connell's protest, but when tn
witness went on to explain II am bach
elor. l have no family"
''I object!" thundered Connell "That ha
nothing to do with this case. He ought
have seventeen children, a big strong ma
like him. He ought to measure up to til
Roosevelt ideal"
! Evap Howell had to piv vvav n laugh
ter. A bevy of two-score girls from bu'
mess college, who were taking note
emitted many a burst of silvery glee an
all ill-feeling went out the window for tt
moment, for Mr.. Rosewater endorsed h
attorneys statement by unmistakable sigr
of approval. Before the lines of bait
could be again properly arranged the noe
recess hour arrived.
When presented by Mr.. Connell, a cor
of the World Herald of August %, las
| was admitted in evidence, after the count
attorney had read an article in 1t write
by r. B. Howell In this article occu
some of the vilest references to Mr.. Ros
water of which the English language
possible.
Howell Excused from stand.
The prosecuting witness was excused fro
the stand shortly after court convened
further opportunity to make speech
the jury. His departure was tame and 6
together lacking In red fire.
Mr.. Connell moved to dismiss, on I
ground of insufficient evidence to susta
the charge of libel, and also on the groun
set forth in his demurrer. The motion W
overruled, Connell noted an exception a
then Edward Rosewater was called to t
stand. His direct testimony was finish
when court adjourned until Wednesday
$3.50, but the cross-examination was Il
begun.
Defendant Called.
Mr.. Rosewater told of living first
Cleveland when a boy. then in Alabama a
Tennessee On the outbreak of the war
became a telegrapher in the service of I
United States government. He was wi
- the armies of Generals Rosecrans and r
mont in that capacity, also with Comm
dore Dahlgren at the navy yard in Was
ington; then with General Pope until af
the second battle of Bull Run. From Pop
headquarters he went TO the War depa
ment at Washington, but objection by I
county attorney prevented a statement
to the character of his service when
tached to Lincoln's personal stan at
capitaI In Septomber 1863 he came