The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-11-06
IN AND OUT.
Courts Play Hide and Go Seek
With Frank Elliott.
Republican Tribunal Sends Him
to Jail.
POPULIST FRIENDS.
They Rush to His Rescue
Through Appellate Court.
Meanwhile Case Is Pending in
Topeka.

The litigation between Frank Elliott,
editor of the Troy Times. and his enc
mics in Doniphan county, will be trans
ferred to the court of appeals here in
Topeka next week on applications for
writs of habeas corpus to release Ell
lott and his attorney, Thomas Moxcey,
from jail
Judge Stuart was to pass sentence on
Elliott in the criminal libel prosecution
brought against him by Albert Perry.
brother-in-law of Cyrus Leland, last
Friday. Elliott expected 70 receive the
maximum sentence, S1,09O fine and six
months in Jail. and IN order to avoid
the necessity of being locked up he sent
to Topeka and had Judge McEIrOy, the
Democratic judge Of the court of ap-
pealS, come up to Troy. Judge Stuart
surprised Elliott by filming him only 800
and giving him no jail sentence what
ever.
But Judge McEIroy's presence came
in handy before the day was over A
motion for new trial for Elliott in the
libel case had been filed by his attOr-
neyS, Judge Falcon and Thomas MOx-
cey. of Atchison. in which it was init
mated that Judge Stuart knew that
the jury in the case had been packed
against Elliott. Judge Stuart took the
motion as a personal insult, and he or
dered it stricken from the records of
the court
Tgrning to Moxeeey: stuart said:
j
I did, answered MOxcey
It fine you SIS for contempt of court,
and commit you to jail until the fine
is paid said the court And you are
also disbarred from pract1cing until the
fine is paid
The sheriff took charge of Moxcey,
but he was allowed to remain in the
court room.
Judge Falcon continued arguing the
motion for a new trial. and in support
of it an affidavit by Elliott was read
in which he claimed that the jury was
packed against him. being composed
entirely of strong Republicans, six of
whom We're politically indebted to Cy-
rus Leland.
Judge Stuart turned to Elliott and
asked II he signed that affidavit, and
upon ElhOtt's answering in the affirm
alive he was fined and committed to
jail the same as MOxCey Elliott was
taken to the Jail but was allowed to
stay in the Jail Office instead of being
locked in a cell.
Judge McEIroy was then summoned
to come to the court room, and at
o'clock when the district court was ad-
journed by Judge Stuart, he went or
the bench and proceeded to hold ap-
pellate court Habeas corpus petitions
We're then presented to him for both Ell
lott and MOxcey.
How much time do you want in
which TO make retuTnS2" asked Judge
McElrOy of County Attorney Brewster
Mr. Brewster said he did not know
exactly, but would like two or three
days anyway but the court said he
could not have so long
We'll, tomorrow morning, then, said
Brewster.
This would leave Elliott and Moxcey
in Jail over night. the very thing they
wanted to avoid.
This court does not propose to stay
here till tomorrow morning, said Judge
McElrOy. This writ is made returna-
bic Immediately. and you can have IN
til half past 8 O'Clock tonight to make
your returns"
When the returns were made Judge
McElroy released Elliott and MOXcey
each under $100 bond, and set the ha-
beas corpus hearings for November 16
at 7 80 p. m in Topeka