Omaha daily bee., 1905-05-27

that the facts therein contained were set
forth in an affidavit in the handwriting of
L. L. Fay.
At that time he had never seen or heard
of Elmer b. Thomas, and did not hear of
him for six or seven months afterward
He testified that Fay came TO him TO ask
II there was any way of ascertalning what
had become of some diamonds that had
been stolen from him when his house was
robbed. Witness said Fay did not men
ton the Omaha Civic Federation or Elmer
L. Thomas.
Witness testified that Tom Dennson
furnished all the money for his defense.
He told of leaving Omaha when under
parole, because he and Dennison could not
get along. He said Dennison wanted him
to rob Billy Donnelly's gambling house.
In telling what steps he had taken to
assist Thomas in securing evidence he
stated that Byrne, to whom Sherclffe was
alleged to have talked, had been arrested
and that on his person were found let
ters written to Byrne by Dennison.
When asked as to the business of Byrne,
he replied that he was a gambler, thief,
sure thing man and bunco man. He said
Byrne was a tool and agent of Tom Den
nison.
witness said Byrne came to him and
said that it was in Tom Dennsons power
to hang him (Byrne) unless Shercliffe
would let up in his prosecution of Den
nison.
Witness testified that he replied: For
Gods sake why don't you get out of the
country if that is true. What are you
doing here on the streets of Des Moines?"
He testified that Byrne was armed and
showed him an automatic gun to demon
strate that he was a bad man.
He said he knew Charley Maynard, a
gambler and thief.
Witness said that he was % years of
age at the time he committed the Pol
lack robbery.
Attorney Connell then took the witness
in hand again for further cross-examina-
ton.
Connell asked if witness did not know
that Fay was a cousin of Harry Hay
ward of Omaha.
The question was ruled out and that
ended the examination of Shercliffe for
the present
Attorney Thomas stated that he would
be recalled at the time for putting in re-
| buttal testimony.
Pollock is Recalled.
Pollock was recalled and asked If he re-
membered that an engineer named O'Con-
nor had been in the Sonnenberg store the
| day of the robbery, but he could not Hip,
| well testified that John Martin, a saloon
keeper of Des Moines, had paid him $500 to
assist in procuring a parole for Shercliffe
and that he had talked about the parole
| with Dennison. On cross-eXamination he
| said Denison had not paid him a cent.
| Immediately after the noon adjournment
| w. S. Heller, a court stenograph pher OF
| n C
| given in the habeas corpus proceedings was
read to him and identified as being cor
| rect
Frank A Broadwell, clerk of the Doug
! las county district court. was called to
! identify the original petition filed in the
| habeas corpus case. This will be used to
establish Dennison's residence in Omaha
When Broadwell started to leave the
stand he was called back by Attorney
| Connen, who asked him:
What is the reputation of Dennison as
to his integrity and honestly"
The prosecution entered vigorous obtec-
tions and Connell at once had Broadwell
called as a witness for the defense and
with the consent of the prosecution began
his examination.
His reputation is good" answered
| Broadwell.
good
as any bond of any bank in Omaha?" asked
| the attorney.
The prosecution entered such vigorous
| protests that the witness had no oppor-
tunity to answer. The court sustained the
objections.
The prosecution then took the witness
Has Dennison ever done anything ex-
cept run a gambling business?" was
asked.
Yes, l think So" answered the witness
DennisOn Not "a Fence.
Hasn't he been a fence?" asked Attor-
ney Smith.
mo sir, not that 1 ever heard Of"
Are you certain you know what a fence
is?'
"Yes sir, I do. but 1 never heard Of Tom
| Dennison being a fence"
do you read the newspapers, Mr.
Broadwen?"
Yes sir, but never read that the news
papers called him a fence"
The witness was then asked If Dennisor
was not connected with Joe Sonnenberg ir
the pawnshop and answered that if he
was he had never heard of it.
He was then asked how many informa
tions had been filed against Dennison In
his court and surprised the prosecution by
so far as he could remember.
Don't you know that numerous felony
charges, charging him with running q
gambling house, have been filed in YOU
court2"
"No, sir" answered the witness, and
then he quieted Gown matters by adding
II think some were filed in the county
| court"
Broadwell then in answer to a question
said he knew Dennison had been running
a policy wheel in Omaha and that he wa!
connected with gambling houses.
Don't you regard that as rejecting OF
his reputation" was asked
81 think it wouldn't have any detri
mental effect on his reputation for hon
esty and on his integrity" answered
Broadwell.
Mortgages Are Identified.
Harry Deuel. was called by the prosecu
ton TO identify certified copies of tive
mortgages alleged to have been given b!
Dennison to the Omaha Savings bank il
the fall of 1902, one for 5000 and one fol
$l,OO0. This testimony was secured by th'
prosecution 10 prove that Dennlson was IL
need OF money at that time, as told b!
Shercliffe, and also TO corroborate Sher
clifre's testimony regarding the interes
item in the financial statement.
Deuel. like Broadwell kept on tn
stand by the defense TO prove Dennison'
good reputation in Omaha. but Deue
proved 10 have an idea of his own abou