Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-07-26
LIGHT TURNED ON WESTBERG
COburn Testi6ss Bx- COMPTROLLER Refused to
Cooperate in Discharge Of Neu.
PUNcTURE TO CLAIM OF POLITICS
witness says City Engineer Onered TO
Call Meeting and support ResO-
luton ~ westberE would
Introduce IL.

William Coburn. clerk of the Board Of
Public Works when John N Westberg, as
city comptroller, was a member Of the
board, yesterday in Judge Sears court,
where John T. Gathers is suing Mayor
Moores, the city council and other city
officials for $1,000 paid out for work done
on the Omaha streets, testified that City
Engineer Rosewater, as chairman Of the
Board of Public Works proposed to West
berg that II the latter would introduce a
resolution to the board to discharge the
men working on the city streets he CRose-
water) would not only call a meeting of
the board to receive the resolution, but
also would vote for the resolution. Coburn
said Westberg refused to accept the propo-
sition.
This testimony is considered most vital,
in view OF the fact that Bryon @. Burbank,
attorney for Gathers, has been attempting
to prove through Westberg, as a witness,
that the employment OF these men for
whose labor the money was paid out was in
the interests of the so-called republican
machine. Throughout his testimony West
berg had manifested an unmistakable
anxiety to establish this claim. Therefore,
when Coburn gave his testimony, showing
that Westberg himself could have helped
secure the discharge of all these men, Bur
bank entered a most vehement protest
against allowing the testimony, but Judge
Sears overruled the objection.
Several City Omcials.
The witnesses so far heard have been
City Engineer Rosewater, City Clerk Ell
bourn, former City Comptroller Westberg,
City Comptroller Lobeck and Mr.. Coburn,
clerk of the street department.
While the former city comptroller was on
berg the statement that he had gone about
the city on a bicycle and had covered con-
siderable territory.
Mr.. westberg admitted he was out on
political business. but the witness insisted
that he was not looking for votes. AS the
examination progressed some quite inno-
cent questions by Mr.. Cornell had the
effect of exciting Westberg and he showed
a disposition to "act up" on the stand.
The witness said he had protested against
so many men being hired and he was asked
why he as a member of the Board of
Public Works, had not moved that the
ones he considered unnecessary be dis
charged. The question was ruled out on
an objection by the counsel for plaintiff,
| and Mr.. Cornell acquiesced, with the re-
| mark:
"Well, perhaps It is a matter for argu-
\ ment, your honor"
When the work of identification was
finished at the afternoon session Mr.. Con-
nell proceeded to show by the witness that
the men on the list as inspectors and fore
men were the regular employees. who have
| been on the rolls for years. He also an
nounced that If necessary to go through
| the whole list he will do so. In this con-
| nection he characterized the present suit
! against the city officers as technical in
the extreme, without merit or virtue.
Only in Hades.
Nothing like 1t was ever heard of this
| side of hades" said Mr. Cornell.
On the part of plaintiff, Burbank refused
| to admit or concede anything when At.
| torney Connell wanted to shorten the case
At one point the latter was asking the wit
ness what he knew saying:
THE record may be all right, but what
a man knows ought to be good testimony
For instance, Mr. Burbank, you know thai
for four years Frank Moores has beer
mayor OF Omaha"
II don't believe 1t personally" retortet
| Burbank. 81 think he is an usurper."
Mr.. Connell smiled and proceeded to ex
plain to the court that strict complianc,
with the letter of the charter at all times
and under all circumstances would get tn,
city officers into many a ridiculous situa
ton, where they would be utterly unable
to safeguard the interests of the city oil
the health of its people,
Mr.. Gathers attorney questioned Comp
troller Lobeck at length to the time
of the delivery of the warrants for tn,
men claimed to have been illegally hired
He was particular to the hour of de
livery, and Mr.. Cornell was moved to re
mark several times that his brother at
torney was extremely hypercritical."
Comptroller Lobeck has not yet finished
his testimony,