The Wichita daily eagle., 1903-05-13

Elric c. Cole, ex-judge of the Kansas
court of Appeals; w. j. Buchan of Kan
sas City. Kan, and F. NJ. Nelson Of Bur-
lingame, Kan, under articles of agree
ment. heard the civil matters invilved in
the aforesaid civil suit filed in this court
as aforesaid, and made full findings OF
fact therin. among which were findings
fully relieving MIR. Martindale from all
wrongful acts or intent as TO the matters
therein. A copy of said findings are here
to attached.
Mr. Lambert expressly consented to
them and openly admitted that he
thought they were just, correct and true
Cashier of said bank soon after the
bank closed fed for parts unknown and
Mr. Martindale vas left TO face the ex-
cited depositors alone He conveyed all
OF his property 10 his creditors saving
nothing for himself or family. Had he
anticipated this trouble he might at least
have provided his three sons with homes.
but they, like himself, were left with
nothin.
After the arbitration and in the first
part of March, Mr. Lambert told his af-
fiant that he did not like 10 dismiss the
criminal case against Mr.. Martinda'e.
without the consent of the Department Of
Justice at Washington. and for the pur-
pose of obtaining such consent. without
directly asking for it. Mr.. Lambert re-
quested this affiant 20 write a letter to
United tSates Senator Lucien Baker. and
United States Senator Lucien Baker. and
request him to intercede with the Attor-
ney General and secure his consent to
such dismissal.
The affiant thereupon prepared SUCH
letter and submitted it to Mr.. Lambert
for his approval, and he being satisfied
with II. sent II to Senator Baker at Wash
ington. D. C. This affiant received an
answer from Senator Baker TO said let
ter, dated March u. 1900. in which he
stated that he had that day obtained a
promise from the Attorney General to re-
fer the whole matter to Mr.. Lambert,
with full authority to act in the matter
as he deemed best.
A few days afterward Mr. Lambert in
formed his affiant that he had received
letter from the Attorney General au-
thorizing him to use his own Judgment as
to the dismissal of the Martindale case,
. and he then stated substantially as fol-
lows: Now we have the case where we
want it. The whole matter is in our
hands. OF course there is but one thing
for me TO do. and that is to dismiss the
case. That is the right thing TO do, and
the thing that l want to do. Probably II
ough tnot to be done right away, but
eventually / viii! dismiss it"
Later on in the summer ! asked Mr..
Lambert if he did not think the time had
come when that case OF Martindale' s
should be dismissed; that Mr.. Martindale
was growing anxious about it.
He stated in substance: II intended to
do so before now. but one thing and an
other caused me to neglect it. but I now
state to you as Martindale's attorney, Of
ficially as United States District Attor-
ney, that / will dismiss that case and
Martindale can consider the matter as
settled, and 1 say to you as his attorney,
that you need not make any preparation
for trial in that case. There will never
be a trial. Do you think that will satisfy
Martindale?"
1 replied that it was perfectly satisfac-
tory to me. and l thought it would be 10
Mr.. Martindale. l Immediately notified
Judge Kellogg and Mr. Martindale of this
interview and we accepted this as a con-
firma ton of our former conclusion.
CHAS. B. GRAVES.