The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-21
SEWER
THE
CASE.
Attorney Tillotson Arrested for
Libel on Charge
ONE OF THE JUR(
MOre About the statement Against n
6. ManIey-NOtiOn for q New Trial


6. ManIey-MOtiOn for New Trial
City Attorney d. G. Tillotson Of Topeka
was arrested On the charge of criminal
libel at Lawrence last evening as be was
in the act Of boarding the Santa Fe plug
to come home. Mr.. 1ilIotson had no
trouble in giving bond.
The complaining witness in the case is
H. G. Manley of the Lawrence firm Of
Manly 81 Monroe who deal in farm in
vestments. Dir. Manley was a juror at
the February trial of the Decker, Null
Inns & Berry sewer case, whom City At
torney TilIotson accused of having been
"tampered with" The arrest was based
on the article in Tuesday evenings issue
of the STATE JOURNAL headed, Topeka
Loses It." in which Mr.. TillOtsOn said:
AAt the February trial of the case the
jury returned a verdict for $50, 900, which
is about what we are willing to pay.
This Judgment would have stood if
one Of the jurors had not been
tempered with. ! have known right
along that one of them was fixed
but 1 only got it yesterday in such
way that l am not under any obliga-
tions to keep it quiet. ! have proof OF
what / claim. and will take the re-
juror was NJ. G. Manley. the Lawrence
banker, the night after the jury had
agreed on $32. 600 verdict a man went
TO ManIey and induced him to change
fore the jury the next morning and de-
clared that a $32, 900 verdict was unjust
because the city was willing to comprOm-
ise for $75 200, and had repeatedly Of
fered to do so. The result was that he
upset the whole thing and hung jury
was the result"
Mr. Tillotson claimed to be able to
prove his assertions.
Mr. Marley denies the accusations in
the strongest language and defes the
proof Of any part of them. Mr. Manley
is a respected citizen and business man
Of Lawrence and his friends denounce
Mr. Tillotson's attack unjust. Elk
Mayor Theodore Poehler OF Lawrence
said in the JOURNAL last evening:
4 viii say for myself and the whole
Jury. that AIR. TillOtsOn's assertions are
considered by us as very unjust and en-
tirely uncalled for. Mr.. Manley's action
during our long and tedious session was
always very gentlemanly, and in no way
did he try to influence the jury in any
undue way"
A councilman who has attended the
three trials of the case and knows all
about it said today: Il have no doubt
great deal of skulduggery has been re-
sorted to at the trials Of the case; but tn IS
is my opinion and l don't claim to be
able to prove it. If could / would be-
gin a prosecution of the guilty parties
before saying anything about it to the
newspapers
There is deep prejudice against
Topeka in Douglas county and we will
get the worst of it as long we try lhe
case there. 1t always has been SO since
territorial days and we get "hOrnswag-
gled" there in everything, from baseball
affairs up. The best thing for US to do Is
to take a change of venue to Emporia or
Manhattan. Judge Benson Is above re-
preach and an able jurist, and 1 do not
mean any reflection on him in what
say"
Motion for a New Trial.
City Attorney Tillotson returned to
Lawrence this morning to continue his
argument for a new trial in the sewer
case. 1t is stated that while the city has
not much expectation that the motion
will be granted, such a motion must be
made and Overruled before it can be APP =
pealed to the supreme court.
A dozen material men" as they are
called, who hold claims against the sew
er contractors for material and supplies,
are on the ground asking the court that
their claims be allowed in the judgment
These claims are for sums aggregating
about 5000.