The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-25

OIL have no objection to it in the
world.
with Judge West, and returned in two
or three minutes).
Mix. GODDARD: 1 guess L will an
sWer all your questions and tell you
Q.I thought you would. Go
ahead.
AT the time L first negotiated
with the COmanche county commits
| tOrney at law, and said to him that
was sorry he WAS county attorney,
for L would like to employ him to
assist me In obtaining contract with
the county. He also expressed regret.
He and had been pretty good friends
1 for awhile. Then he went and saw the
board of county commissioners, and
asked the board of commissioners-this
| is what he tells me-if it would be
proper for him to accept employment
| from me in the matter of the refund
| ing: that he had spent a great deal of
time and good deal of money in try
| ing to fix up the Indebtedness of Co
manche county and trying to shape
| things up there so as to reduce their
| taxes; and he came back to and
told me that the board of commission
ers had consented to his accepting en-
ployment from me. After that 1 con-
tinued my negotiations with the board
of commissioners, and 1 found them,
have stated. very difficult people TO
do business with. Mr.. Rich's services
for me consisted in seeing the taxpay-
erS of the county and in explaining to
them the amount of saving which Co
manche county would effect through
reduction of its interest from per cent
entire advantages which would accrue
from the refunding. His plan was, af-
ter talking with the taxpayers, to get
them to talk to the commissioners
sentiment favored the refunding.
1t Was campaign conducted along
those lines by Mar. Rich. and for which
paid him liberal compensation.
That is the extent of it.
Q.-You knew at the time that he
was county attorney?
Al did.
A.-And- that he was the legal adj
wiser, by law and under his oath, of
the county commissioners i'm every
matter of contract that might arise in
that county?
A-But there were no matters of
legal technicalities to arise under this
transaction.
Q.-You went before the board and
made an argument?
Al did.
Q.-of all men on earth. he was the
only one designated by law to make a
legal reply to you-isn't that true?
Al don't know that it is.
Q.-If anybody should appear in op-
position to you, it would have to be
the county attorney, would 1t not?
Alt was the board of county COM
nnissioners in this case, dead sure.
Q.-The legal duty rested upon him,
didn't it?
A.-No, sir.
Q.-Not upon the county attorney?
A.-Not in this matter.
Odd the county attorney, at any |
stage of those proceedings, go before |
that board?
Ale was present some of the time |
but =! don't think he went before the
board: and 1 will say further to you
that his relations to me were generally |
understood by the business men and |
heavy taxpayers of that county. He |
made no bones of the fact of his en- |
ployment; in fact, he took pains to ad- |
vertise the fact that he was SO en- |
ployed, because we desired to do every |
thing with a spirit of fairness and right |
so there would be no question about it. |
Q.-Do you tell me that the county |
attorney, where the commissioners are |
sitting and studying whether they shall |
make contract or not, can lawfully or
legally and not in violation of his oath,
receive pay from the other side? You |
have been attorney general and you
know what the duties of county attor-
neys are; and I put it to you pat.
Al do not believe there was any
thing unlawful, and I am satisfied there
was no moral wrong intended or accom-
plished by the work of Mr.. Rich, and 1
shall be very sorry If any blame is put
on Mr.. Rich for what has been done
in this matter.
Q.-At any time before that board,
when you were trying to get your con-
tract with the board for refunding the
bonds, did he go before that board for
you and make any kind of a talk to
the board OF anything of the kind?
A.-No, sir, he did not.
Odd he appear with you before
the board?
A.-No. In fact, he was fighting me
on the terms of it just about as hard
as the board were, but he was very
anxious as taxpayer to have the re-
funding
O.-He was working up the senti-
ment on the outside?
Ayes, sir.
Q.-And you were working on the
inside?
Ayes. sir.
Q.-And you were both working to
get that contract out of the commits
siOners for 5000?
Ayes, sir.
Or which he got part?
Ayes, paid him literally.
Q.-NOw don't you know 1t was
wrong to take that $242 interest?
Al do not, yet. L may, after
further consideration, come to that
but 1 have not yet.
Q.-What are your predictions?
Al am afraid the court won't
listen to those.
CROSS EXAMINATION
Questions by Mr.. West.
Q.-You spoke this morning about the
bonds having been purchased about
July 21st or 22nd. What you mean is
he agreement of the school fund to
purchase?
A.-That is it.
Q.-They were not purchased in fact
until the old bonds were delivered?
Mr.. Waters: Now, Mr. GODDARD you
testified this morning all around the
Gather when those bonds were pur-
chased. and 1 asked you repeatedly so
here might be no misunderstanding
about 1t.
Al testified to just what occurred
which was that I made them an offer :
ind they accepted the proposition.
Q.-That is all you mean by the pro-