The Topeka state journal., 1903-05-18
.DlDNELLISSAYlT 5?
Councilman Is Charged With
Saying Inhuman Things.
One Referred to the Late Judge
Fagan.
WISHED HAZEN TO DIE.
AffidaVits to This Effect Are
Secured.
WISHED HAZEN TO DIE.
May Result in Charges Before
Masonic Bodies.

Friends of the late Judge ". E. Fa-
gan and the members of the Masonic
I lodges, to which he belonged, are in
censed over the remarks recently made
concerning Judge Pagan by Luther
Nellis, a member of the city council
from the Fourth ward. and an active
church member and Mason.
Affidavits have been made and sworn
to by four persons setting forth the re-
marks made by Nellis, substantially to
the effect that he hoped Judge Pagan
would die and that he hoped Linden
Hazen, a son of Judge Z. T. Hazen.
would also die. The affidavits were pro-
bably secured for political purposes and
they viii very likely be used against
Nellis in his next campaign, but wheth-
er they were prepared for political rea-
son or not Nellis does not deny the cor
rectness, but reiterates his statements,
concerning Hazen, which are not of the
sort which might be expected from a
church member nor from one lodge
member in regard to a brother of the
craft.
There seems to be no legal bar to
persons making such statements as are
attributed to Mr.. Nellis and the friends
OF the late Judge Pagan find that they
can bring no action in the courts
against Nellis and that they can not inn
peach him as a member of the city
council Mr.. Nellis says they are his
personal opinions and that he has
right to them. There is talk that Mr.
Nellis Will be called upon by the Ma
sonic lodges TO which he belongs to ex-
plain his statements II he can not ex-
plain them satisfactorily proceedings to
expel him from the order may be the
result.
The affidavits were sworn to before
Ralph Cav, official reporter OF the dis
I trict court One Of the affidavits is as
follows:
wv. ]. Bond of lawful age. being first
duly sworn, deposes and says that
some time during the recent sickness of
w. z. Pagan, who was then probate
/ judge of Shawnee county, he was run
ming the elevator at the Masonic temple
in the city Of Topeka; that Luther c.
Nellis came into the elevator and aftiant
said to him. We are about to lose our
! friend Judge Fagan- When we lose
such good men as him it is pretty
j tough. Said Nellis replied Why, you
Affiant then said: What is the matter
! with Judge F'agan?" and said Nellis re-
piled: Why. he is nothing but the
whisky end of the drug stores.
s'Affiant further says that as said Mel
lis left the elevator he made some other
derogatory statement concerning Judge
Pagan, but the exact language employ
ed aftiant is not now able TO give;
". J. BOND
Subscribed and sworn to before me
(seai) R H. CAV.
Deputy Clerk Shawnee County District
The second affidavit is sworn to by A.
". Hopkins and d. H. Morgan and o.
A. Kerns also take oath that the afh-
davit of Hopkins is correct. The affi-
davit is as follows:
A W Hopkins, of lawful age, being
duly sworn, deposes and says, that
about midnight Thursday, May IA. 1908.
or within few minutes thereafter he
went into the office in the city prison,
in the city of Topeka, where Luther c.
1 Nellis, D. H Morgan and Q. A. Kerns
were present; that when affiant appear
/ ed in the office said Morgan asked him
/ if he had heard how Linden Hazen was
and affiant answered that ne had not
heard from him since about eight
! o'clock, at which time he was very ser
iously sick and was not expected to
live; that said Nellis asked what was
the matter with said Linden Hazen
and was informed by said Morgan that
he was sick with pneumonia, where
upon said NeIlis said, Il hope he goes
Affiant being much surprised at the re-
mark asked said NelliS what he had
said. whereupon said Nellis replied, I
/ hone he goes. I made the same remark
bout Judge Pagan but he is gone now
and I suppose I ought not to say any
thing about it. It would be a good
thing if T1azen would go
"A. w HOPKINS.
Subscribed and sworn to before me
this 18th day of May, 1908
Deputy s17us' Clerk, Shawnee County Dis
trict Court.
When seen today by a reporter for,
the State Journal Mr.. Nellis said:
This thing has been stirred up Tor
\ the purpose of injuring me politically:
Whether it is true or not that sald
4 these things. I can't see that It makes
any difference. The worst that can De
said is that it was bad taste on my
part I am not legally liable for what
I said and I am free to admit that per-
sonally I think it would be better for
4 the community if such citizens as Lin
den Hazen were not here have right
/ to that opinion
..As to having said that hoped Judge
Fagan would die, that I deny. | may
have said that I disappfoved OF ta-
gan's policy as a public officer. and /
have right to say what please on
that score / had a row with Pagan
few weeks before he was taken sick. IN
which I told him that I had bought
both beer and whisky at Clarence
| Young's drug store and he simply
laughed at me That shows his attituae
/ on that question 1 believe that the
probate Judge holds the KEY to the clos
ing of the whisky drug stores. and 1
know that Fagan did not do his duty
Personally I have nothing against F'a-
gan It is simply his work as public
/ officer that I criticised.
LAS to Linden Hazen. hardly know
him, but I know the reputation of the
place which he has been running, and
/ know dozens of men who win swear
/ as to the general reputation of that
place. Judge Hazen IS using Judge Fa-
gan as an excuse OF taking this thing
up. He does ont try to defend the rec
ord af his