The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-27
Judge Henry Keeler Makes Pub
lie a Statement
In Regard to the Conspiracy
Feature of the
Santa Fe Receivership Litigation
Accuses Santa Fe Lawyers of
Seeking to Ruin His
Reputation.

cISulD LOI puDllCall0u-
As it has become evident that the
statements and affidavits which the
railroad company has caused to be
published in the newspapers We're in
tended for personal vilification and not
Tor use IN court, a statement from me
seems to be due to myself and others.
The affidavit of Judge johnson is
largely untrue. 1t is incOherent and
contradictory on the face of it. 1t is
now we'll known to his friends that
his memory and mental faculties have
unfortunately become greatly impair
ed. lit is evident that the emissaries
Of the railroad company took advan-
tage of his condition to get such state
ments as they desired.
never at any time told or init
mated to him or anybody else that a
suit would be brought to produce an
effect on the stock market. Several
weeks before the suit was brought and
when I thought he had recovered a fair
us of his mental faculties. / told him
conhdentially of the intended suit As
he had been master in chancery in the
foreclosure case, / wanted to scertain
what he knew about the original dis
position Of the capital stock What he
said on that subject cOrrOborated my
previous Information that about so per
cent of it was taken by aliens.
had several subsequent CONVERSE
lions with him about the proposed
suit He never at any time warned
me that it would be an awful mis-
take or sought to dlssuade me from
bringing it. of all the parties named
in the affidaVits which have been taken
judge johnson was the first man with
whom I had any conversation about
stock speculation or about the effect
which the suit would have on the stock
market So far as 4 know, he was the
first man who expressed a desire or
Willingness to engage in such specula-
ton The sIit was fully determined
upon and the petition drawn before
any stock speculation was thought Of
When I told him about the proposed
suit, neither Mr. Small nor John Q
Myers had ever heard OF 1T. and Mr.
Critchfeld had never heard Of any pos
sible stock speculation which might
grow out of it.
Since Judge Johnson's statement was
obtained by the emissaries of the rail-
road company he has twice sOlemnly
asserted to me that he never made any
statement about the matter, and also
told me that if any statement purport-
ing to come from him should be pub
lished he would publish a contradiction
He went to Chicago a week before the
petition was filed and went there again
starting on election day and sold
short" Neither he nor any other per
son contracted or agreed with me 70
divide profits upon their investment. !
told Judge Johnson and Mr. Small that
would let them know about the prog
1-ess of proceedings in the suit. I never
had nor claimed to have the matter
fixed" with Judge Myers Following
the usual custom in ex parte proceed
ings in important cases submitted the
DetitiOn suggested order and the stat
ute to Judge Myers and stated to him
that / would make an eX parte appica-
ton for a receiver at the approaching
term of court and asked him to examine
and satisfy himself so that the court
might act advisedly when the applica-
ton should be made. He made no dec
laratiOn of what he would do as the law
was clear and as he made no suggestion
indicating any doubt on his part, I con-
cIuded that he would grant the appll-
ton I had no further communication
with him on the subject until the ap-
plicatfOn was made in open court The
only reason why the suit was not
brought before election was that the
county attorney being q candidate for
recollection was afraid that it might be
used 10 his disadvantage in the cam
vass If Judge Myers had any prefer
ence about the time OF commencing the
suit never heard OF It. never az any
time told Judge Johnson anything con-
Trajectory to the foregoing facts
Judge Myers brother informs me
that he learned Of the proposed SUIT IN
a way not designed or anticipated by
any attorney in the case nor by Judge
Myers. This brother lives in different
town. He did not learn of the suit at
all until very few days before it was
commenced In arranging for a re-
/ ceiver and for his qualification there
were at least half a dozen persons at
+ OskaloOsa who knew all about the suit
/ several weeks before.
The affidavit OF DR. HOgebOom is in
substance true. When / had that con-
versatiOn with him ] had learned that
/ the railway company had for several
/ days complete control of the receiver
! who had been appointed and had just
been informed that the railway com
I pany also had control of County AttOr-
ney PhInuey. I then concluded that the
4 case was utterly gone beyond my
4 control and that nothing remained for
me but a personal controversy. Under
4 these circumstances i told DR.. Hoge-
/ boom that if the railway company
would pay a judgment due my client.
I which Mr.. Hurd had said to me ought
I TO have been paid long agO. I would be
at peace with the railway company and
would give its attorneys such informa-
ton as would satisfy them that nothing
further would be done. I meant by this
that I would satisfy them that I did not
/ represent any one who was disposed to
/ make any further fight.
! There is no longer any pretense that
! the county attorney who brought the
/ suit was engaged in or knew OF any
When the railroad company. on No
! Vember 9, took the county attorney to
/ Topeka on its special train and brought
! 10 bear upon hlm every means of per
( suasiOn and intimidation within its far
reaching control its enissaries became
I absolutely convinced that he brought
the suit in entire good faith and with
4 out any reference to or knowledge OF
4 any intended stock speculation and they
then knew that the alleged stock spec
1 ulations were in no sense unlawful and
! did not i'm any way inJure or affect the
I real holders of any stock.
Tn view of this absolute knowledge
the proceedings of the railway company
I i'm procuring ana publishing ex parte
I statements which were never intended
TO be used in court and which had nc
/ bearing on any motion or issue pending
! in court is not only a confession of the
/ Weakness of their case but is a high
handed outrage on decency Some Of
/ the matters published are false and
/ others misleading. The manner in
/ which hearsay statements are sought
/ to be used to cast suspicion on the iu-
] dicial fairnass and .ntae-rltA- Of I11aea