Omaha daily bee., 1905-07-01

his attacks on Howell. saying: Mayor
Broatch's action did not cause qny articles
to be written OF or concerning tlfr. Howell.
Some one was bound to succeed Andrew
Rosewater. and 1t made no difference who
the man was"
when He Met Howell.
II was also developed that the witness
did not know Howell at that time, did not
meet him until a meeting in the mayors
Office In December of 1895 to consider the
question of extension of the contract
with the waterworks company The next
time he met Howell to know him was at
the meeting of the council investigating
committee, which was hearing testimony on
| the charge against Howell Of having sought
a position with the water company in a
questionable fashion while he was holding
the position of city engineer. He heard Mr..
Howell testify as TO his dealings with the
directors and head officers of the water
company which are embodied in an exhibit
| in the present case being the report of the
councilmen who investigated Howell.
This testimony was all with reference to
| the question of good faith In attacking
| Howell as an unfit candidate in the alleged
| libel Continuing along the same line Mr.
| Rosewater said when he wrote his articles
concerning Howell he was familiar with all
| the facts of the investigation. From these
facts and other knowledge gathered in the
| line of his newspaper work he could not
| consider Howell a good and desirable man
| for water commissioner He considered II a
| duty as an editor to inform the people of
Omaha of the merit or demerit of seekers
| after their suffrages That duty he bad dis
| charged without malice
At one time he had received a personal
| request from Mr.. Howell to give space to
reply to one of his own articles In The Bee
and had done so. ..
| Here an argument arose as to the ad-
mission of several copies of The Bee of diff
| ferent dates, which Mr.. Connell said were
necessary to give the Jury a coherent and
enlightening idea OF the merits Of the case
at bar. Judge Day took the question under
advisement and will pass on It Wednesday
| morning.
| Written in Good Faith.
| Q.-Was this article complained of writ
| ten in good faith?
| Att was.
Q.-were you actuated by malice in writ
ing It?
Al was not
| Q.-What was it's object and purpose?
A.-To inform the people, especially the
people of Omaha, that Mr.. Howell was not
a fit candidate for the Office he sought.
Odd you believe the statements of the
article to be true when you wrote 1T?
Ayes, sir, and published it In that be-
lief, for the purpose stated.
| Odd you make inquiries and did you
find that the water works company was
back of and desired the passage of the
Howell compulsory water works purchase
billf
| 7 Int
the president, Mr. Hunt, the superintendent,
and Mr.. Fairfield, the general manager
Q.-Who represents the water company
actively in political matters affecting the
company?
A.--A. B. Hunt.
Q.-What representative OF the company
was at Lincoln during the session when
Mr.. Howell introduced his bill, represent
ing the company in legislative matters?
A. B. Hunt
Q.-What became of Mr.. Hunt about the
time when this bill was introduced at Lin
coin?
Ale went to California and remained
away until after 1t had been passed.
Odd you have a conversation with
Mr. Hunt as to his reasons for going tc
California, and II so, state it?
Al did. Mr.. Hunt said he was person
. ally opposed to the Howell BILL but thai
he was ordered to leave here and let thc
bill pass the Legislature
Underwood and Fairfield.
, Further questions brought from the wit
, ness the statement that he had talked will
Mr.. Underwood and Mr.. Fairfield, tha
| neither of them wanted to become InixeC
up in the trouble and both were chary o
giving him information. He had learned
however, that the orders to let the bill pas
had come from the headquarters of tn
. company in New York.
c In answer to n question to whether h
. believed Howell was hired to introduce tn
a bill and engineer its passage the witnes
n replied he believed that Howell was hired
or retained, to put the bill through ais
:, that Mr.. Underwood was one of the partie
to the deal or behind 1t.
:, Question by Mr. Connell-Did the wor
N hired" as used in this article have an
g reference to the time when Mr.. Howell wa
\ a member of the Legislature of Nebraska, a
s you understood it when you wrote it?
Answer-It did not.
Q.-Did you mean or intend to charge h
the words quoted in this complaint, tn
:. basis for this alleged libel. that Howell a
- member of the Nebraska Legislature di
y receive a bribe?
- Al did not.
Odd you intend by 1t to charge him c
being guilty of the crime of bribery?
~ Al did not.
- This finished Mr.. Rosewater's direct eS
~ animation and County Attorney Slabaug
= said he did not care to take up the eros.
~ examination until Wednesday.
"a Preceding Mr.. Rosewater on the stan
- were Senator Charles L. Saunders an
- George b. Tzschuck, treasurer of The Be
Publishing company. Mr.. Saunders wa
called to identify the paper Howell ha
waved at Mr.. Rosewater at the Lincol
IN hearing, which Saunders had marked q
ID chairman of the committee for purposes
ne identification Mr.. Tzschuck testified as I
le the general circulation of The Bee.