The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-05
THE ANSWER.
Legal Reply of State Journal to
Parties
Who Brought Suit for Forty
five Thousand Dollars
AS FILED In COURT.
Setting Forth Anew the Origi-
nal Charges.
A Clean Cut History of the
Comanche County
FRAUDULENT BONDS,
Leading Up to the Recent In
iquit0us Purchase
OF the Tainted Securities for
Sacred School Fund.
A Clean Cut History of the
Comanche County
FRAUDULENT BONDS,
Leading Up to the Recent In
iquitOus Purchase
Of the Tainted Securities for
Sacred School Fund.

IReprinted from issue of September
x9th to supply demand for copies.l
In connection with the suits for s45,-
900 damages brought against Frank P.
MacLennan. editor and proprietor of
tnis paper, by c. c. Coleman. attorney
general. J. r. Burrow. secretary of
state. 1. L. Dayhoff, superintendent of
public instruction. the court having
fixed this date for the defendants an
swer, the same was duly filed in the
office of the district court of Shawnee
county early this afternoon.
AS a matter of fact, there were three
answers filed, each answer being iden-
teal. to cover the three cases which
are practically one and the same case.
1t is now up to Messrs. Coleman,
Burrow and Dayhoff, who allege they
desire prompt trial, to go before the
court and ask that the case be ad-
vanced for hearing in ample season be-
fore election.
These three men are all candidates for
reelection.
There is the entire month of October
and full week in November preceding
election day and if the court will grant
a trial of this case of state Importance
at an early date the State Journal will
be gratihed, the public be relieved of
some suspense and the candidates Sc
cure quick justice.
AS the answer is clear and compre-
hensive, the reader is respectfully re-
ferred to it as follows:
IN THE DISTRICT COURT OF
SHAWNEE COUNTY, STATE OF
KANSAS.
c. c. Coleman, Plaintiff. VS.. Frank P.
MacLennan, Defendant.
ANSWER.
Comes now the defendant in the above
entitled action, and. for his answer to
the averments contained in plaintiffs
petition. says:
Bonds Issued by Fraud.
That prior to the year 1870 the 1egis-
lature of Kansas created and defined
the boundaries of Sumner, Harper,
Comancne Barbour, and other counties
out of the uninhabited portion of the
territory of Kansas.
That Comanche county, thus created,
was out of that portion of Kansas west
of Barbour county, and north of and
Kansas, the altitude of which said
COmanche county, and its location,
placed it beyond what was then and is
now known as the rain belt, and COM
posed of high bluffs, deep canons, and
table land, and, by reason of its altitude
and conformation, was unfit for agri-
culture. and of Indifferent worth as a
grazing country.
That in 1873 the Indians and hunters
were killing buffalo in the western part
of Sumner county, in Harper and Bar
bour counties, while Comanche county
was a wilderness without inha bitants
of any kind or character save and ex-
cept buffalo, coyotes. wolves, prairie
dogs, owls, rattle snakes and occasional
Of IA RAJ n inc I0d
That in 1874 the Indians penetrated
the state of Kansas as far east as Bar
bour county on one of their forays. and
killed some cattle herders-tnere being
no white inha bitants west of Barbour
county.
That in the fall of 1873. A ]. Mowry
and others started in a wagon from
Hutchinson. the nearest point on a rail-
way, to said Comanche county, and
some seventy-five miles therefrom
taking with them city directory of the
city of ST. Joseph, in the state of Mis-
souri,, and went to Comanche county
for the purpose of fraudulently organiz-
ing that county. and issuing and selling
its bonds fraudulently.
That it was necessary that it be shown
to have two hundred and fifty house
holders to entitle it to organization.
That after the said A. J. Mowry and
his confreres as aforesaid arrived in
take the census of that county by
writing therein the names they found
In said directory so taken by them
from St. Joseph. Mo-, from which they
made a pretended census for said
county and presented the same to the
governor of the state of Kansas by
means whereof attempt was male
to organize said county of Comanche
That at the same time. and as a
part of said fraudulent transaction
the said A J. Mowry and his said
confreres in crime, all of whom were
of a number that one wagon furnished
accommodations therefor, pretended
to hold an election for county officers
and vote bonds to build a county
court house, bridges. and for gen eral
expenses of the county; at which cleo
ton it was pretended that the said A.
J. Mowry was elected a member of the
legislature for that county for the en-
suing year. when in fact and in truth
there was never any inha bitants and
and never was any election, or any
officers to elect, or persons to fill them
during the year 1873, nor for many
years thereafter, and no such election
was ever held of any kind or char
acter.
That thereafter. in the year 1873,
the said Mowry and his co-conspira-
bonds of said county and signed ficti-
tious names thereto as and for the
names of the so-called officers of said
county, as follows:
County bonds for court
house SZS,OO0rOO
County bonds for bridges. 2S,OOO.O0
County bonds for general
expenses ----.--...... 2O,OOO.OO
Total .......$ 100000
And disposed of the same to eastern