The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-27
WILL START TOMORROW
Famous MartindaIe Case Before
Federal Court.

Judge Hook of the United States dis
trict court is here this afternoon dis
posing of what court work may be done
before the opening of the Martindale
case which is set for Tuesday. Tues
day Judge Phillips will take the bench
and VIII preside until the final DISPOSE
ton of this trial. Judge Hook Will take
his place ON the circuit bench in KAN
sas Cit. Mo
For the first time the Martindale case
will come up as criminal action.
There are two indictments against Mar
tiudale. in the second of which he is
Jointly indicted with II ~ Davis. the
defaulting cashier Davis is a fugitive
from justice. The two men are charged
with the abstraction and application
of money. credits and funds of the First
National bank of EanDoria- William
Martlndale was president of the bank
and Davis was cashier at the time Of its
lalluure. There are thirty counts in the
indictments, which will probably be
lrereed so far as Martindale is con-
cerned Ia case Of conviction the
court viii probably give concurrent
sentence, that Is. uuOn but one count
The attorneys who are to appear ii
defense of Mr.. Martirdale are amo e
the ablest i'm the west. They are l.. Is.
Kellogg and Graves g. Hamer. of Eli
nOila, and Frank Hagerman general
counsel for the Armour Packing COM
pany ut Kansas City. The position of
United states District ATTORNEY J. $
Dean as the leader Of the pr0se cutiosi
entails upon him a task disa gTee2 bic in
the extreme. on account of his personal
friendship and political alliance with
Mr. Martindale and Mr.. Martindale's
friends.
William Allen Whites paper. the En-
loria Gazette. which has stood for the
nti-Martindale feeling in his town.
takes very lenient view of 1he case
40 an issue Of recent date it says edi-
When Senator Burton came into
power it was charged i'm the department
~ Washington that his objec- I'm get
ting Tracey appointed United States at
tCrney was to have the Martindaip case
dismissed. The Department NAY have
believed this for Tracey was not an
pointed Then Senator Burton named
Dean Dean is fractional friend OF
Senator turton's and Mr. Martfndala's
and his friends feel that there VIII be no
unjust persecution of the Cast from Mr.
Dean These friends. and he mas many
lu central Kansas, believe thlf at the
end or the trial he viii come ont with
the benefit OF a jury vindicatioa. Thev
90 not look fer verdict aaaiast MIN.
during the last six months efforts
nave been made at Washington 10 n3ve
the case dismissed. or to leave the mas
ter of dismissal entirely i'm A. Deans
hands. This the president anC the at
torney general refused to do. believing
mat so long as the case had gone this
far. and the actual indictsseDts had
hung over Mr. Martindale's head 50
long. he should have the vindication of
q verde.
The Gazette has not been "A factional
friend of MIR. Martindale's. but it be-
lieves that the mere fact of the indict-
mcnt Is no proof of his guilt and that
he should have the benefit of SUSPENDED
Judgment until the matter is settled bv
the court Above everything, the Ca
zette homes and believes that Mr. Mar
tlndale viii come through the trial with
y cream record ~" has lived all his life
in this community and even his bitter
est political enemies do not wish to ses
him suffer unjustly nor be punished for
crimes he cid not commit