Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1889-03-08

the penitentiary. We have said nothing
whatever IN relation to these charges, be-
cause they wer5 made md contradicted
from day to day. The legislature appoint
ed committee to investigate and the tes-
tlmony has been published. We have not
referred to 1T because of It's great length and
because We believed that tie report of the
legislative committee when made would be
more satisfactory Than fragments of testi-
mony. We now give the report IN full:
THE REPORT.
To the legislature Of the State Of Kansas:
Your committee, appointed IN compliance with
senate concurrent resolution No q regDectfulIy
bsgs leave to make the following report:
At great sacrifice Of The personal interests of
ton is concerned during the present session, an
exhaustive iabOrIOus and impartial Investigation
Of the management of the affairs of the State
penitentiary, with especial refel ence to charges
tsgTttv ana Inteilieence of Inc o6}eeTs thereof
has been made. In the conduct Of this 1nVestiga-
ton, this committee has been ably assisted by
the attorney general OF the state the proceedings
have been open to the public; the testimony has
been given TO the people through the medium
ship Of the daily press from day to day; the per
sons making the charges, as well as those who
have aided In their circulation, have been given
ample opportunities TO substantiate them: every
source of information, to which the attention of
the committee has been directed, has
been explored with an unfaIterng purpose
to leave nothing concealed or covered
up; the ordinary rules Of evidence that obtain in
courts of Justice for the protection of the accused
have been practically ignored hearsay testimony
street rumOrs, private and public gossip, and, in
word, everything that seemed to be calculated
however remotely, to throw any light upon the
subiect-matter Of the Investigation has been
listened to with the most patient fOrbearance.
While the public has been entertained with an
Incredible conflict of testimony. in which the IN
fortunate defects. treachery and 1ckleness OF the
human memory have been illustrated in most
remarkable, not to say most disgusting manner,
the committee has made an earnest struggle to
fathOm the great ocean Of falsehoOd and misrep-
resentati0n with which it has been deIuged and
ascertain as nearly as possible the precise lOca-
ton Of the pearls of truth and to be guided by
their obscure light to such conclusions as in its
Judgment, are justihabie and for the best inter
The conclusions OF the committee are as fol
First-F C. Buckley and D. J. Keller, of Leaven-
worth. and j. A; Lopez, OF Atchison, being
1eSo1S u cCLls IN o M OITpII VI 5e
winter of 1884. with other --0 persons G1is
who were their friends agents and ab6t-
tors, entered into conspiracy for the purpose of
accomplishing this object regardless OF the
the cOnspiratOrs named as q matter of supreme
importance to their enterprise that the directors
Ofthe penitentiary soon TO be appointed should
be as friendly to them, personally and politically,
as possible. MI o. s. Hiatt had been for many
years citizen OF LeaVenWOrth prominent in city
ana county politics on Intimate terms with at
least two OF the gentlemen named, and on pleas
ant personal and business relations with them.
1t was believed by these cOnspirators that his ap
pOintment anq continuation would place upon
the board of directors OF the pententlary an in
fuential and powerful friend, and therefore they
at once decided to secure his appointment II pos
sible. During the session of the legislature, held
that winter, a committee appointed to in
Qutre into and report regarding the best policy or
mine. 1t was rumOred, and generally believed.
that the committee would, in It's report, recon-
mend the dtScOnttnuance of the plan of selling
the coal in bulk TO contractors, and propose the
appointment OF state agent to dispose Of the
by the state would, Of course, destroy the hopes
and aspirations OF the combination referred to.
Its defeat was therefore resolved upon. The evil
dence shows that, for the purposes OF accomplish
ing these, two objects. VIZ, the appoint
as director and to prevent the pas
sage OF lay law ooa q9 Ia3f J t99 aP
tributed $780, and F. C. Buckley acted as disburs-
Ing agent for this money, as well as for other
by himself, but fortunately Tor the good name of
the state. instead of proceeding directly to the
legislature and other state officers in lump, Mr..
Buckley very wisely decided to use the money in
The payment Of railroad fare hotel bills, hack hire
and for other purposes" to quote from his own
serpentine ana chaotic testimony which the COM
zion upon the subject enter into the elements of
what is commonly described as good time"
ioaFnment Of the legislature, o. s. Hiatt and H
Z. Richter were duly installed as TWO of the
Smith as warden of the penitentiary. Soon
thereafter 1t became known that D. n. Barnes Of
trOl Of part Of all the coal output of the peni-
Tertiary mine The said D. N. Barnes was at
once approached upon the subject by the cOnspir-
atOrs referred to, invited to join their cOmbina-
ton, and with alacri y not at all consistent
emily consented to do so It is also claimed that
a contract was soon thereafter executed in writ
vision one of this report with D. N Barnes, were
to share equally ia the profits that vera conf
IDENTITY expected to accrue from this combination,
and that, among the stipulattOnS of this
contract the directors and other parties were to
that this vicious contract was placed in the hands
of Z. c. Buckley for sa.S keeping. IN all of these
and confrmstion of o. s. Hiatt. and afterWard in
regard to the schemes with reference to the peni-
Tertiary coal business, Philip KrOhn OF AtchiSOn,
was a conspicuous and apparently influential fac
tor However, the evidence shows that he was
officiating in the dual capacity OF friend and
agent or attorney of the parties to this con-
spiracy, and the facts brought to the attention Of
conclusion that he expected to receive or that he
ever did receive other compensation than the
BY I'd A. Church, October so, 1885. The evidence
shows that in May, 1885. the contracts were let
NINE except such as was required to supply the
retail trade and the state institutions, and
vas at this time the custodian Of the ScandalOus
contract referred to. he did not receive any pOr-
that he was an applicant for portion of the coal
output, but the directors refused to consider his
time indebted to the state in the sum of $4,000
for coal obtained under previous admnistra-
paid. Your committee saw +. G. Buckley, heard
him testify on three different occasions
noted his temperament and characteristics, and it
has no hesltancy in concluding that he is man
who would use any means in his power, however
reDrehensible, to further his own selfish pur-
noses; and, therefore, If he had held q contract
such as has been described, containing vicious
should be ''taken care Of he would not hesitate
moment to bring its persuasive influence to bear
lipOn the parties whose characters might be de-
sFFoyed by It's exposure, in order TO bring them TO
terms At all events, the evidence does not show
that the officers OF the penltentlary ever had any
knowledge Of such contract, or that they ever
consented to share in its execution the profits
that were expected to accrue from the penitentt-
airy coal business. The combination, that was
entered into, as heretofore described was wrong
ful. 1t was a deliberate conspiracy to obtain
fair advantages and extraordinary privileges in
Ghe procurement and disposition Of the coal out
put Of the penitentiary mine from which uEl-