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

who appointed the receiver. The PROPOSE
ton had been turned down and he had
advised Mr.. Howell that he had better not
insist on the appointment being made.
Ordered TO Help HoweITs Bill.
Mr. Hunt testified that he had told Mr.
Rosewater "the whole business" as he
put IL. from beginning to end also that
after returning from California he had
told Mr. Rosewoter that he had been
ordered to get through the council as soon
as possible the necessary ordinances to
carry the provisions of the Howell bill into
ef1ect
On cross-examination the county attorney
| tried to nail Mr.. Hunt down to specific
dates, which he said he could not re-
member.
How is 1t, then" asked slabaugh. that
you can remember SO distinctly the con
versation with Howell?'
Because lie had made such an outrage
Gus proposition" replied the witness
quickly.
The prosecuting witness then went on
| the stand again. He was allowed TO go
over the history Of the various companies
which have controlled the water works
here. His comment on his own testimony
In this regard was:
| They were entirely separate and distinct
| Companies"
At the conclusion Of Mr.. Howell's fare
well to the jury Assistant County Attorney
| Shotwell opened for the state. He began
with the statement that the jury had only
| three propositions to consider. namely:
Was the article libelous, and If so, was 1t
false, and was it malicious?
| Mr. Shotwell stuck to the argument OF
the innuendoes in the complaint that
| hired" meant "bribed." He urged the
jury to live up to its oath and to punish
| the defendant If it concluded he was guilty
| Mr.. Connells speech was discounted by the
young attorney, who warned the jurors
against the veteran And in his warm
windup of a ifteen-mlnute talk Mr.. Shot
well waved the Chautauqua salute to the
jury with his handkerchief
ConneII opens for Defense.
When he opened up for the defendant
Mr.. Connell agreed with Shotwell that the
three propositions he had mentioned would
govern the settlement of the case. He sug-
gested. however, that the assistant county
attorney should have given his reasons for
| saying the article was lbeous and should
have dwelt on the malice the state claimed
| there was in the three lines which are
made the basis OF the complaint. Then,
giving his attention to the jury. Mr.. Con-
4 nell said:
What have you spent three days in
trying2 A scrap between this big civil en-
gineer and this little editor That's Just
| what 1t amounts to. This suit doesn't come
up to the proportions of a state case. 1
don't know how 1t got In here at all. 1t
doesn't involve contention worthy of be-
ing made the basis of libel suit 1t Is
simply the elimination of rather vim
dictive correspondence, a piece of political
! hInCOnha a nd nj +t,S
type was hardly cold at The Bee Office be.
fore Howell was rushing over to the Of
nee OF the county judge with his complaint
You cannot cut him loose from Office OF
from connection with the water works
plant in some capacity any more than you
can cut barnacle loose from the bottom
Of warship by wave of fan.
What is this bill we have been talkint
about? The word compulsory explains II
1t means the ignoring of the great princi
pie of local self-government, of home rule
that every man who Is a man is pledged
to. 1t was passed by the votes of member,
from outlying counties who could not DOS
sibly know anything about local condition.
in Omaha or what the people here wanted
why Compel the People.
why compel the people to do things
they do not want to doar This city already
had the right of eminent domain. The cit,
charter provided for the appointment o.
seven appraisers of the water works from
the citizens Of Omaha and after that c
trial in this court If their award was no
satisfactory. What does the Howell bill
do? 1t makes 1t incumbent on the city tC
take the conclusions of three nonresident
engineers, whose award is final. If thil
bill had not been passed the city would
not now be in position to be swindlec
and be made to pay 100000 or 50 900 0O
in excess of fair valuation. It is villain
Gus, iniquitous, outrageous, unjust We
, ought to get a statue of Howell and SCI
1t up somewhere and label it, The most ex
pensive piece of bric-a- brac Omaha eveI
had This may be done some day in tn,
future. Failing to get the position of gen
, eral manager of the water works he wanted
/ to get indirectly what he could not get dl
rectly, and here we are with handcuff
on, as Mr.. Rosewater said, and Howell
nut them on"
Mr.. Connell forcefully oontrasted tn,
q work for the city of the two men, Rose
n water and Howell
: THE one," he said. always foremost fl
every movement for the Greater Omaha
n always contributing personally ant
through his paper to the general welfar
q
office and doing nothing except for him
= self, Why raid Edward Rosewater nov
i and try to tear him DOWN."
Violence None Too Bad.
y Reviewing the provocation Howell hai
: given the editor and reading his language
Mr.. Connell said Rosewater would hav
been justified in resorting to violence L
I. resent the unspeakable slurs cast upol
him by Howell. Instead he apologizet
e. when he need not have done So and CAV
space in his paper to Howell's letters abus
ing him, which contained the vilest word
a within the covers of the dictionary. Wher
. was the malice in this? Where was tn
= bounding he complains Off"
Before closing MT Cornell analysed How
T. ellis claims to greatness as partially Sc
3 forth at the opening of this report, bu
e much more at length He then thanke,
g the jury for the close attention givel
= the case all through, and cautioned 1t L
bear in mind when It retired the demeano
r of the complaining witness on the stand
l. his lodging of simple questions and hi
j utter refusal TO answer many others
County Attorney Sabaugh will make hi