The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-03
Efforts of the State Journal to
Try School Fund Case
Frustrated by Burrow and Day
hoff I'm Court Today.
COURT is WILLING.
Stipulation Suggested by Judge
HaZen
At Once Agreed to by the De-
fendant, MacLennan.

4GnG 6AlS AdCACnuduS
The state school fund commissioners
seem decided not to permit their libel
suit against this paper to be tried be-
fore election. AT least that was their
expressed determination this morning
through their attorneys, as to Mr.. Bur-
row and MIR. Dayhoff, the majority of
the commission.
In connection with the suits for
$4,000 brought against the editor and
proprietor of the State Journal by the
members of the state school fund
commission, c. c. Coleman, attorney
general, J. R. Burrow, secretary of
state, and I. L. Dayhoff, superintend-
ent of public instruction, there ap-
peared in court before Judge Hazen
this morning Mr.. MacLennan, his at
torney, ]. G. Waters, of Waggener,
Hackney and Waters, and Mr.. Newell
and ]. S. West, representing the firm
of Rossington, Smith & West, attor-
neys for the school fund commission
ers.
Mr.. MacLennan, through his attorney,
asked that the three cases be CONSOLE
dated as one case and tried before the
same jury, but with three separate YER
diets, and that the case be tried Mon
day, October 10th, or any date there
after, at the convenience of the court
and the plaintiffs. The attorneys for
the school fund commission asked that
the case of c. c. Coleman be set for
early hearing"
Judge Hazen stated that he under
stood that it was desired that the mat
ter be tried before election; that as
soon as the attorneys for the respective
sides agreed in writing he would take
m 10 rel h11f hof
1t would be impossible to try the three
separate cases this month, but that
he would consider the matter of try
ing the three as a consolidated case
with three separate verdicts, or of one
or the cases if the parties agreed.
stipulation concerning a consoli-
dated case, as the three are firmly
linked together, was immediately
drawn up by Mr.. MacLennan and his
attorney along the above lines, but the
attorneys for the school fund COMMITS
sion refused to sign the stipulation.
Details of Today's Incident.
J. G. Waters, one of the attorneys
representing the defendant, appeared
before the court and asked that the
cases be set for an Immediate trial
Replies. in the form of general deniaIs
were filed with the clerk of the court
this morning in each of the three cases
and motion to docket and set for trial
the g G. Coleman case was filed by
John w. Newell, representing the law
firm of Rossington, Smith & West at
torneys for the plaintiffs, and copy
was handed to Captain Waters by Mr.
Newell Immediately upon receiving
the copy Captain Waters secured the
attention of Judge Hazen and said:
II the court please. I have just
been handed, by the attorneys on the
other side, a motion to advance the case
of Coleman against MacLennan and l
understand from the attorney that he
has just filed the same There are
aac inst &T7ie I1F1
and the reply has just been filed this
morning in each one of those cases.
None of them is properly triable at this
term of court as the issues were made
up after the present term began. Mr.
Waggener is the principal attorney in
the case and 1 would not like to take
any decisive steps until he has been
heard from, but am satisfied that the
defendant, Mr.. MacLennan, Mr.. Wag-
gener, Mr.. Hackney and myself are
very desirous that all these cases and
all the controversy in them be tried at
this term.
1T appears that the attorneys have
filed this motion in but one case, the
Coleman case, and they are demanding
to advance the others. as I have been
informed by Mr.. Newell evidently
thinking that Mr.. Coleman is the gem
tleman 'furthest from the fire. in this
controversy. If the gentlemen will make
the request in the other two cases and
consent that all the cases be consoli-
dated and tried before one jury. with
three separate verdictS to fit each case
/ have no doubt that the same can be
accomplished and q trial had"
At this stage in the proceedings Mr.
MacLennan appeared in the court
room. He had telephoned to Mr.. Wag-
geller, at AtchiSon, Immediately upon
hearing from Captain Waters that the
replies were filed. Mr. WGegener ut
once directed that an effort be made to
have the three cases tried together be-
fore one jury; that the jury return
three separate Verdicts and that the
cases be tried as soon as possible. Mr.
tain Waters.
Immediate Trial Asked
Captain Waters addressed the court
and said: The petitions and answers
in these cases are identical and the
cases are the same. Mr. MacLennan
and his attorneys are anxious for an
immediate trial.
Make out a stipulation and have the
attorneys for all parties agree to an
early trial" said Judge Hazen Put
your agreements and understandings
in writing When the parties put them
selves in n situation fer the court to
decide on this I viii act"
I'VE will request the trial of all the
cases at once, with three separate YER
diets by the same jury. We will be
ready for trial one week from todav.'
said Captain Waters.
IF you will agree in writing for the
trial of one of those cases. or of all
three consolidated into one case, with
three separate verdicts I will pass on
the stipulation. I understand that ii is
desired to try this matter before elec-
ton, but I wish to say emphaticaIy
that I can try but one case. or ali
three cases consolidated as one with
three separate verdfcts,'' said Judge
Eazen-
IL is up to YOU" said Captain We
tiers to Newell. I'VE are ready to go
to trial next Monday"
Instead OF agreeing upon a particu-