The Topeka state journal., 1897-04-19
M'NALL INDICTED.
The Warrant Has Not Yet Been Is.
sued as Mr. McNaU is Out of
the Citv.


The last act of the federal grand
jury, in session in this city during the
past week, was to return an indictment
against Webb NIcNall, state insurance
commissioner. The indictment was
returned in the final report of the grand
jury late Saturday evening, and after
filing this report the grand jury was
discharged.
From the fact that Judge Foster es-
pecially called the attention of the
grand jurors to the action of the state
insurance commissioner in shutting out
the three insurance companies inter
ested in the Hi1lmon case from doing
business in this state, the indictment
of McNaH is not a surprise. At the
time that the contempt case against
McNall was argued in the United
States circuit court, Judge Foster stat
ed that it would be a most eXtraOrdin-
ary thing if any state official was vest
ed with the autOcratic power it was
claimed the insurance commissioner
had assumed, and in his instructions
to the grand jury he said that if it was
found that McNall had by threat or
duress attempted to impede the proper
administration of justice, it would be
the duty of the jury to return an in
dictment against him.
McNaH went to his home in Gaylord,
Kan, Saturday afternoon, and will not
return to this city until tomorrow
morning The United States Dis
trict attorney has not yet or
dered a warrant for his
rest, and Deputy United States District
Attorney Rankin Mason stated this
afternOn that the warrant would not be
issued for several days 1t is possible
that an attempt will be made to have
the case tried at the present term of
the United States district court.
The Indictment contains three counts,
all alike, but one for each of the three
companies, the Mutual Life of New
York, the New York Life and the Con-
necticut Mutual. Each of the indict-
ments reads as follows:
And the grand jurors upon their
OathS do find and present that Webb
N1cNFali, late of the first division of the
district of Kansas, and within the ju-
T1sdictiOn of the court, on said Sd day
of March, 1887, and divers other times,
unlawfully did then and there by
thCeat is and force and corruptly, en-
deavor to obstruct and impede, and did
Obstruct and impede the due admins
ira ton of justice in the United States
circuit court for the district of Kansas
in this tO-wit: That he, the said Webb
McNau, then and there being supeTin-
tendent of insurance for the state of
Kansas being duly authorized and en-
powered to authorize and grant to in
surance companies a certificate to do
business in Kansas, cOrruptly, arbi-
trarily and unlaWfully refused to issue
a certificate to do business in Kansas
said company then and there being en-
titled by law to receive from McNa11
said certificate of authority, having du-
ly cOnfOrmed to all requirements of the
law for the granting of the same.
THAT he, the said McNau. as said
superintendent of insurance, did so re
fuse to grant the certificate for the pur-
pose and with the intent of endeavOring
to Obstruct and impede the due admin
istratiOn of justice in the said circuit
court of the United States of the dis
trict of Kansas, by compelling said in
Surance company to pay off a certain
litigated claim pending in said court
wherein one SaIlie E. Hillmon was
plaintiff and said company was defend
ant, which suit involved more than
$40 900, with interest and COSTS and is
now pending in said circuit court, num-
bered 3147 on the docket of said court,
and was at the time Of the acts herein
complained of being contested by the
said company on its merits, as the said
WebbMcNau well knew.
That he, the said Webb McNall, did
so refuse to issue the certificate of au-
thOrity for the purpose and with the
intent of Obstructing and impeding and
attempting to obstrUct and impede the
due administration of justice in said
court, by compelling said company to
terminate said litigation in favor of
said plaintiff, Sallie E. HillmOn, and
with the intent and purpose of inhict-
ing great loss and damage upon said
company, and thereby compelling it to
pay off said claim without further lit
igation and without a trial. to the great
loss and damage of said company, and
by written letter, dated March 8, 1887,
and by threats publicly made through
the newspapers and to the public, did
unlawfully attempt to compel said COM
pany to arbitrarily settle the said liti
cation, contrary to the form of the stat
ute in such cases made and provided
against the peace and dignity of the
United States"