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Show VANISHED INTO THIN AIR, The Cbarges Against Messrs. Yirlaa and Stephens Fall Throngh. NOTIIIMI TO M IINTAMIIIBIMI". A Srlone Clitrge lgalot Attornej lllley Ultra an I'neiprcUillj lira- malic Inrn to Ilia llqulrr. The InTotlgallon Into tbe rliargea preferred agalnat l'Ktecutlng Attorney Varlan and hla aaahtant, Attorney F. II. tflephena, ai.J which began at ten o'clock tbla morning In tho Third I)la-trlct I)la-trlct court, before Chief Juatlce Zaue, drew together one of tbe largritcrowda of local allorneyt that hat lean tie there for many a longi'ay. Ktery available nook lu fiont of the rpace a) lotted to ordloory aptctatore wai crowded, and the preeilnga created the llwllcat Inlerett. Meora. Varlan an I Ble bent were re-I re-I riaented by Judge llcuderaon and Attorney At-torney lUwIIni rcr ectlwly; 011 Lehalf of thei'omplalnanta Judge llealtleap-l-vated, JuJge Zine formally called on the lake, and the taking of letllinony waa atfiLOe begun. Attorney 0. II. Glenn, ei-pollce court clerk, waa tint called and iiit-tlaned iiit-tlaned u lo Ihe hearing af tha charge agaloit Albeit F. UroTea, In MaiUi la.t, In JuJge (lee'a i-outl, and the ajera In connection with that caie. Ha eal J ho Raw all the la ere olltred lu eTldence lo Attorney lllley after the trial. Clerk McMillan refuted 'to give wlllir.a recelt for Ih papera until their return to him by Mr. lllley, which waiilibtcquently made. Deputy Clerk Oeorge 1.. Icml, of the Third Dlalrlct court, ald that certain cer-tain 1 apera were received from Mr. Itllry, In Iba DMrlct court rfllce, but he could rot remember whether he or Mr. McMillan took them from him. They were riw or rl In numler, and Mr. lllley remarkvd that they were wry Taluablr. The rtconl ahowed lb at they were glwn to Mr. Vatlau on rebiuaryslh, aad wllneia dvllrered thtmtohlm raona'ly. He told Mr. Varlan they were wl!tatilerairi,ahd aiked him lo take care of them. To Mr. lUwIlna wltneea aald that they hail refuted to allow the r a era to go out of tbe Dlalrlct court olllce, and tliey were coiled theru by a lady typewriter Thlt waa prior t) the hrarlng before Commlaaloner tlreeooian. Attorney W.A. Kinney and othera latereated In the rate came and looked oter the t apera from lluio to lime, lie could not aayriactly bow many i 1 ra there were In tho packet, not having counted tbcin, or tell aa lo their nature: but there were live or elx of them. It waa vn February bin. election day, that wttneea banded the papereoverto Mr. Varlan. It waa at wltne-V auggeilton that be took thtm. There teemed to be an lmpreaalon that the 1 aira might ba loat, and aa they were aald to be tty valuable he thought the Ulitrlct attorney had better have future charge of them. Whether Mr. Varlau actually carried the 1 are away with blm, after all, lie could not aay. Atlorncye did aomellmea leave naiicra Uhlnd litem la lite clllrc. The I atvra were In ue In tho CommUalon-el'a CommUalon-el'a court, but whether until after the trial of tbe care he cauld not tay. They did hot nereatarlly go direct from Ihe Dlalrlct court oDlco Into the Couimte-aloner'a Couimte-aloner'a court. To Judge IlruiJereon It waa about noon on tha Sth, lie believed, when Mr, Varlan came In, but he had 110 recollection aatowhethrrornot he look the lapcraawny. Wltncta did, however, lay ihnn out for him on the corueror hla deak. He louM not remember re-member that anyone waa In tha ofllce atthetlmetwldra Mr. Varlan. Wllnie waa aiked when tuellrit Inquiry waa made after the apera, when they nnutd not be fouadi but be could uot fix tbe dale at all. Mr. Kinney waa the flrat to Inquire for thcin, however, at the time they were bllMed, Attorney W. C. lllley wai next railed. I a afitnrr to Judge llraltle he aald he rvtehed from I.X'Iollce Coult Clerk UUuncetlaln papere the entire tranecrlf t, with txhlblir.uied lu the preliminary trial, two ilreila and a mortgage uaed In the caae of A!btrl H. Grovct. Wlturae obtained thetnon the Halurilay morning, taw they were all right, aud handed them over to Dejuty Clerk Luomli, whom he charged with their ImpurtaLcc, and telling him their nature. Home time after lha organization of the grand Jury wltiioamul Mr. rltephent lu hla (Mr. Itlley'a(illlce aud gave hlnian outline of tbelaat. Mr.Hlriheua and he con-eraed con-eraed ujion It, aud Htepheaa aald b would examine the papere, which he then had In hla oeeeaalon, and autlnlt the cat to the grandjury. He promlaed to examine the 1 aj ere thoroughly. About a week later h heard Judge Wamiler aaylng totuetblng to Mr. Kttheua about "defending" thoae men (Uroea aud llollou) before tbe grandjury, and Mr. Htebtiena lecaniu "mad." lie alao loldwltniia to "abut up" when talk-tug talk-tug roru.ilalnlugly about Ihe caae. , Ihe lait lime wltueee taw tbepaperi waawheti Deputy Clerk lioomtartad the doeda an I mortgage to Commlaaloner Commla-aloner (Ireenmau on tbe Itolton examination. ex-amination. Thoiepaicrawereallnow mlialng. To Mr. Ilnwllnv, wllncaaetld be wat employed by Mr. Wood, atld taalalrd the prcticUtlon at the pn llruinary ex-atuluatloii ex-atuluatloii of Urovet. Hla rervlcia then Mere In coulemtlatlon of ulterior civil jrociedlnga. He was unable to alale tho date on which lie handed over the pa4rsto Mr. Loorule. Mr. Itawllne Who prepared Ihe cooj plaint filed lu tbla cae again, t Mr. VananaiidMr.rlrhen? Wlinrn-I think Judge lliattlc. Q Who waeleenlV Judge lleattieoblected to the quea-tlon, quea-tlon, hut Mr. lllley uld he did not kuuw. Aaked what Intenat JuJge Wampler had In tbe matter, wllneaa aald he took lilt place temiorarll). He denied having gone before the grand Jury 011 one occaalon, lectured them (or any member of their body), or ohargid them with neglect uf duly. Wltuera waa thru Interrogated aa to Ihe urort of thvdeedaand ottcrducuinonta: the oljrct of hla trip rat (In Omaha nlid eleewlure) on the alternoou of tli-Clli 01 February, oil I oilier gem ral rnaltera aurrouuulug the inau agatuat (Iruvia and Motion. Many liicldtlitaln the late trl ila were rake J up and ill. cutx.il at length, aud the ucn examination uj V?ya7att,'laalBta1 wat a I rolonged one, tho ol Jrct being to tbuar that couuaelaud xthera had themielvn an object. In the Intercut of Ihelr cllenlr, lu getting lbeM)ieli out of Ihe way. Volhlng, however, waa brought lo light to demonatrale till In any way. When Mr Uawllnt got Ihriuxh, JuJge Hendera u took tbe wllneaa In hand anil auljecled him to a rigid fire of queatlone, In which the name of Henry Donovan a di fondant lu the criminal troieedlngt, conelcu oualy figured. Uleiiu Miller next took Ihe wllneta-Hand. wllneta-Hand. He waa clerk of le lclruary grotdjury ofthlacourl, liefore wlinm came Ihe caaeof Jackaon IMlon. The I aert In the cae were handed to liliu by the illtlrlct attorney, with othera. There r ra (produced) comprlted the original comtlalntagalnit itolton, the warrant lor hit arrtat, and Ihe tub-luia tub-luia of wlline. Ho received no patera In the ca. ef Urovet. When Ihe grandjury bad flnlahrd with tbe leralhey were turned over to the court. To Mr. Itawllne, the wltneaa atnted that Mr Htcpheue Meat I'loru the iirnwljury and aald that Itolton had aaleil the rrlvllege of tetlflng there Jit hla own behalf, end teroarknl that tbey were at liberty to hear lllm, If Hi eyeo dr-lrcJ. That waa the auh-alance auh-alance of all hel-itd, an J hehalmvle theramettatemriit In olher can- t-aluiallial t-aluiallial of lloltoc that thiy culilJ hear wltnriaea In lehalf of the ercuncil eiona. Mr. HI ley (the attorney) went tefore the grand ury on ote occaalon, before they orgalilxid, and ealil Ihey had no right to take tbe Bolton late up, that It waa then In the United Btatra commlaalonel't courl, and that "the other tide" were trylogV) "carry It over tho heada of Ihe grand Jury;" furtber.that there wat atchtme, or plot, ou foo to fruttrato (or tomethlug of that kind) Ibe rightful courie of event. Mr. lllley talked "very vehemently" whllo referring of die llolton matter. Wllneta told him the grand Jury had a right to like up any care tney cared to, and that tbey know nothing of auycaaeill the court below; that they bad tbe pra before them aud propoted to Invutl-gate Invutl-gate It. Wltmea l roletted agalnlt rwytra'tulldotlnR" Ihe grand Jury In that war. Judge Kane Then why didn't you route to lite couit? Hod you not been charged that you muat not allow anyone any-one to talk lo you, excel t at wllnereit, In thegrandjiiry room? WltlitM Ve, and tbal It wh, I protetlul agalnlt Ik Witnrea went on fuitber toray that Judge ami Irr alio weut before the grand ury, gave hit view ot thu rair,aiid atattd what In hla luJgnient were the whole faolt. Judge .ane Waa Ihe graud Jury lu regular Kailon then? Wltnern Yet. Mr. nawllna Waa Judge Wampler everiubipuaed to appear before the grandjury. Wllueti Not that I am aware of, and 1 waa aurprlaed to find hltn there. Kdgar I. Heart, another member of the i-tbruery grand Jury, tall be did not rrmeuil er to have teen auy 4pert but tbe complaint In Ihe lioiton taat. Judge llealllc I think that Ii all the evidence we have to pun nl. The olher tide then opened up, Dlalrlct Attorney Varlan flitt went upon the tbltid aud laid lie bad tto re-tollecllon re-tollecllon whatever of having had thu laperi given Into hit aieet!on. lie either did not take them from the Dlalrlct Court clerk' nice or they had been tnlalald. If he did receive them he might han carried them ov.r to hla ofllie Juat at he would 'any other leckagu glveu him. l'apera were not very often haudidtohlnilalbla way out of the clerk'a ofllce; 11 waa quite the excel tlon. The ttateraent made by Mr. Blephena to the graud Jury waa an ordinary roi tilling. roJudke lleattla, wllneat laid he had never looked at the paper and did not know where they were now, l'apera concerning mailer for the grand Jury uiually went Into Mr. rlteilient' olllce, but lie waa cuulldent that he did nit give tbeae particular, rarra loMr.Htephena. Attlilnnt Diatrtct AtlorneyHtephena next lealllled. Ho aald he had no knowledge of ever havlug aren there ;apere el all. He luentlonrd theplau adorltd In regard to doiunieuta tn go before the grand Jury, aud uld bad theae pat era come to him In the ueuil way he would kaow aotnetlllng about them now. Ho had aleolutely no recvllectlon of having retried the deed or other paj en from Mr. Varlan or anyone el-e. He did go Into Mr. lllley 'a cDIre to illlcu-a Ibe llollou caav, aa Mr. lllley thought a certain cer-tain .Iraud had Ueu rrrpetratrd (which wllntaa explained In detail.) WltntH bad no paera with him In refttenceto the caae at that time, and had uo Intereat whatever In the defendant de-fendant Hilton. He almily had a "uoddlngaciiuatntaoce" atth him on Ibettriet. Wllneaa told the Jury II they thtught proierto htar ltoiton'a ttatemeat In the Intertat ofjurtlce tbey had that privilege, aud lu this cae he did not depart Irom the utual rule, l.veu Mr. lllley liliuielf, In aomecaaee, had requteted him to allow delemlanta to go before the graud Jury aud give teatlmony In their own behalf. After the grand Jury , had I micro I tbe charge agalnat llollou Judge Wampler Insinuated that It waa due to wllutaa' Interference, aud he naturally felt very much Incented, be ing entirely Innocent of turn a charge, Wliueea did nathlng to Influence the grandjury In any way whatever, and waa willing thit every member of that bodythould tie called ou that point. To Judge lleattle, Mr. BloiheniaalJ he heard of the eilttemo of tlute diedtattbetlmelt waa charged that Mr. Wooda had been defrauded, but he had no recollection Ibat It became material tu hit mind that Ihe (aport iliould go before the grand jury In tho llolton luvittlgatlou. Mr. Hte.litna had lett the wltaeta ttand but 'returned. He raid Mr. lllley bail remarked lo him In thlt matter,"You know there It nothing In It, rltcpheni; but wo want to ahow diligence dil-igence In getting the original." Mr. Itawllne What ele did ha aay to you? Wllneaa Ho aald that hla own per-tonal per-tonal theory waa that tomebody had hired aomn meml-rrcf thegrnud Jury to ileal the a era, After Btenographer Frid. McOur-rlu, McOur-rlu, who took tiotitln the examination lu the llolton caee beforu Commlaaloner Commla-aloner Urtenniau, had given evidence, J, II. Letcher, tourt reporter of tho JftrtlU. ail I that en Ibe lib Itlet. he liiard Mr. lllley tay tn Mr. Hlepheua, while In tho Wautrh building, that lilt owu theory atwut thlt matter wat that tome rueuibrr of the grand ury liaUllndtlRMil.ua- to bide-track the Investigation, Mr, lllley gmlculated lu tun imrbatlo wky, Mr. lUwllna Wi aik that Judgo IteallebetworD, and thu latter weal tulhowltmtil!aid. Mr. Hawllua Had )ou any other luformattou or other evldeuce ou which to hue the charge which liaa Inn filed agalnlt Mr Varlan ami Mr Htephcna than that which lllaUtu prrielileU here? Judge lleattle-1 refllao to anawer the queatlon. Whit Information I have I rrnclteil while acting be cjunacl for a man In a litigated cjio, and I donttprooelotell you atout any Inloiniitlon Ihavc. Mr. Itawllha a' iil Attorney Kano. the aainequralloii. to which the latter replied 1 aball not anawer II fcr the tame ri aaon. . . , To Attorney lllley counael repeated tbeiUeatlou, and recelvcl tho anaacr I have not hi aril all the evidence that hat been I reduced here, I have liecntearchlngMlbe lettera referrtd lo ilurjng thlt bearing and I cannot find tbira. Mr. lUwIlni-Tliit'anll. , , , All 'lieovlJenceUliig now In, Judge Y.uv proceede 1 to review tho caae, and let out ly riadl g from 0. complaint filed agaltiattho"accuaed." llelound nothing whatever In the teatlmony, he laid, tuiuaMliitlKcharKO that the obtaining ob-taining ol the deed by Mr. Varlan waa "a nu re prett un," or to authority the court to aay ,o there tvaa nothing to Hiow Hint ho had acted In any way lto roi erly. II ere wat room lor ilotibt. Indeed, aa to whether or not the died went Into hla o--i"llot! theru wee rreat uncer alntiy about tl. Hla lonor dealt with tbe iecral alhgatlona agalnit Mr.Htehtnt, and tall he raw nolhltiglli hit londuct In thlt allalr.Judglng Irom the lettlmony adduce I, tntublecl him to crlilclem. Aa to the charge of hla havli g wilfully or litgllktutly auoreled Ihe dial from thu grand Jury, there waa no reliable evidence that that dctd waa iverlnMr. Htiihaiu' bande. In fact, Ihe Mlablhtlra were that It i ever wai. The Chaucer were that It wan haudnl to Mr. Varluu, that It liJ been tnltlalil, or that aomo roa lo-tirettrd lo-tirettrd lomel ow got uiuloti of It Ui couraeltwaaloiportaut thattnurta of Juailre thould look Into theao mat-tera mat-tera when they tame up, teo that the fountain waa Let (lire, and that Jui-llcewaa Jui-llcewaa not In any wayitrverlod. Hut tterewaa uothlng litre tn warrant tbe Court In criticizing Ihe conduit of three two ofllcert. Hla Honor' remark following tlila gave quite a drainatlo turn to the morning' rociedlngr. lltfirring to theatalementof graal Juror Miller lu rrgard lo Atloruey lllley'a alleged re-raarka re-raarka In the grand Jury room, lilt Honor aald areuuilng hla evldeuce to le true that Mr. Itllry had auljecled hlmaelf to aevcre crltlcl-m. Mr. Miller had alalidthat tbe attorney wentlnto Ihegraudjury room and there diet uaied thecaao with tbejurora before they organized, alio making etatrmenti whlili were very Improjier The grand Jurora hat uo right to illtcuta o under their In-viallgallou In-viallgallou w llh allorneja or any other Intertitvd eriona, anil auy man who aoughtto interfere with a grand Jury had very little ritpict for Ihe law. of hla country or for Jmtlci; and If he were aure that Mr. Itiley baJdoneauch a thing, alter coutlderatlon, hla namo would be atllrkeu from the rolli. He called upon the atlorne te explain. Mr. Itllry rmihallcally denied that he went liefore the graud Jury In any manner whatever, and aaked that the balance of the grand Jurora I quel-tionrd quel-tionrd by the court. Mr. Miller waa alao'ulely nilalakcn, an! after lilt Houor'a crltlclam be Inilitedthttthe whole of tliegiauilJutonLe called to apeak. Two of tbegtand Jury happened 'o tie preienl, an4 they were Interrogated on oath Miurt. Henry lluhrlng aud Urrlu 1'. Miller, eltller of Hum had reenMr.IlllrylDthegraud Jury room on any occatlon, but w hen the latter went out of the room In tearch of a witiie,e, Heeald Mr, Itl'ey acroaled him aatu what cai waa before thtm. When told that llolton waa awitueta, here-piled, here-piled, "lljr (J-, what la he doing lu t'i-te" 1 will icorjttiihen In re.arJ to II Judge Zone Well, I will pita tho maltt rover at prceent, I tit allorneyt aud othera muel uuderetand thatthiy mint not talk to any rueuitcraof the grand ury nbout any caie that la be-Ingleitlgawd be-Ingleitlgawd tefore them. It la a dlarr;utable bulimia for attorney who have cllcbla to bo liaogtngaround the grand Jul) room. It u certainly n oioat dlart ulable rarllcr. A Homey lllley nur Honor, I have I evrr hung nroun I any grand Jurora. The tublccl thui ended aaJthe court a IJourncd. |
