Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-01-09

ON ACCOUNT OF WDlCH DlHNIlGN ANluNHdy
Baxter was also removed. resents the
reference to him by the president in his
message TO congress published last week
Mr.. Mathews sends to The Bee a signed
statement, dated from Fremont. which
reads:
''The high respect in which I have held
the office OF the president OF the United
States has caused me to hesitate to make
a public, statement that would seemingly
reflect on tho occupant Of that exalted
place, but justice to my friends and myself
demands that refute the statement made
by the president in his recent message,
and which must have been made on false
information.
says Charge f. False.
THE charge that my removal was neces-
sary before satisfactory progress could be
made in the prosecution of the offenders
in the land cases ] can only characterize
as unwarranted, uncalled for and un-
qualifiediy false. Tbe, president has not
now and never has had. so far as I know,
scintilla OF evidence that I, as United
States marshal, did in any manner, way
or place, obstruct or hinder the admins
| trstion of justice. He has now In his
possession the evidence, in letters written
to him and without my solicitation, from
al NldnutlSpIlt OCNeTnOT NIOHlbe anu
other men of high character, saying that
my record as United States marshal COM
msnded high praise for efficiency. integ-
rity and faithful performance OF dutWs He
has affidavits from such men as Gustavc
Anderson, United States commissioner for
| thirty years; Frank White. ex-United
States marshal. and attorneys familiar with
the practices of the United States court,
! that in my action IN the Richards Com
| stock case I followed an unbroken prece-
| dent OF thirty years standing. He had
evidence that in that case l did what 1
/ tad been instructed by the court to do in
| like cases. He had the evidence of his
own attorney general, who. when visited by
the entire Nebraska delegation in my be-
half said, I admit that Mr.. Mathews has
made an excellent officer, but an example
had to be made The following letter from
Congressman Pollard is pertinent here:
"Mr. T. l.. Mathews, Omaha, Neb-My
Dear Sir: wish TO assure you that It was
with great deal of pleasure that accom-
panied the Nebraska delegation when call
| ing on the attorney general regarding your
case. feel that great injustice has been
thrust upon you. If l felt that you were
guilty of any violation of the proprieties in
| this case should have refused to partlci-
! pate with the delegation to any extent... ]
l gas satisfied. however, that your statement
contained all there was In the caseeand the
4
you of my highest personal regards. re-
|. =" ''EERNEsT M, POLLARD.
Interview with President.
."The president had the evidence of his
own knowledge, for he said to me in his
private office that he, had personally in
vestgated my official record and that he
had found It good. He further said that
after investigating my record and facts con-
| ~. A,,a
his mind to restore me to the marshalship
but after talking with the attorney general
he had decided that 1t would not be good
policy to do SO. and gave as his chief reason
for that course that democrats we're charg.
ing that prosecutions in the land cases were
not being made in good faith and that my
removal was made to show that the Rd
ninistration was in earnest. He further
explained that he had been led to believ,
that Judge w. H. Munger, Judge Baxter
and myself were acting in collusion to be
little the work of the administration. anC
when l presented the letter from Judg,
Munger. generating me from any wrong
he remarked that that only made my cas'
weaker, and with much emphasis, addeC
, that II he could get at that Judge he would
I fix him too. He was then kind enough L
, say that 1 made a favorable impression
upon him, that my case appealed to him
and that later on he would or might b.
glad to do something for me.
Mathews own Defense.
"Mr Roosevelt's complaint made at tina
{ time was not that had obstructed the ad
ministraton of Justice. or violated any Law
or been guilty OF any crime, but he sal
that / had made a mistake in not puttin
: the defendant IN jail. The commitmen
J. under which held the defendants did no
T authorize me TO do So and without a.
order from the court, commanding me
r put them in jail, and naming the jail. an
J. authorizing the jailer to receive them, while
r / did not have, had no more suthorit
Q to put Richards and Comstock in jail tina
had to put the president In jail, and whe
: said that to him, and informed him ths
u l had been so advised by some OF the bes
a attorneys in Nebraska, he intimated ths
u he did not attach much value to the opiT
ions OF a Nebraska lawyer. In view OF III
friendly reception given me by the pres
> dent his twice repeated and voluntar
: statement that he (would) or might be gla
to do something for me iater on, makes h
new charge, never before heard OF by m'
beyond my comprehension. The statemeT
a of the president, that my removal was th
result OF information furnished by the d'
tectlves, does not agree with the ststemer
y Of the attorney general, who. in his lett'
10 me- said he got his information froi
the press. The charge that I obstructe
the administration of justice is disprove
. by the facts as they appear Of record.
y THE Krause brothers were indicted fC
= fencing the public lands by a grand jur
summoned by my office. They were trie
= and convicted by a jury summoned by m
a office, and in charge OF a bailiff appointe
!, by me. Where did obstruct justice in tn
/. case?
Judge MunGer's Part.
Richards and Comstock were indicted b
grand jury summoned by my 6ffic
Every paper placed in my hands for SER
. Ice In this case was served by my offie
The defendants appeared In court an
pleaded guilty without trial They wei
, arraigned for sentence ana the court DIT,
nounced sentence. With the terms OF thl
=, sentence had no moro to do than had n
= president. / executed the order OF the cou
- as Il came to me. executed Il as Judl
- Munger says ala, in his letter that pr
sented 20 the preAident. agreeable TO II
I. letter and spirit Of the courts order fro
which leteNF I quote - folloWs;
- am fue8 IN raoeinl of voura ~ thu Iaf