The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-12
UP TO The COURT.
Allen -BOWersOck Case Is Sub
mitted Today.
Mr.. Marshman, of Kansas City,
on the Stand.
WHAT COLEMAN SAID.
Places the Attorney General in
Peculiar Position.
WHAT COLEMAN SAID.
Mr.. BOwersOck Testifies That
There Was No Conspiracy.

The taking of testimony in the con-
gressional contests before T. F. Doran,
as supreme court commissioner. was
completed at a late hour last night
and today the arguments on the evil
dence were made before the supreme
court. State Auditor Wells and r. L.
Marshman of Kansas City were the
last witnesses for H. J. Allen, and the
defense placed Secretary of State Bur-
row, Attorney General Coleman and
Congressman Bowersock on the
stand in rebuttal.
Auditor Wells and Mr.. Marshman
did not reach Topeka until last even
ing and it was therefore late before
the final session of the hearing could
begin Mr.. Wells corroborated the
contention of Mr.. Allen that Attorney
General Coleman had admitted at the
time of the Allen-Bowersock decision
that he and Mr.. Burrow agreed with
Mr. Wells statement of facts in his
olSsentng opinion regarding Wyan-
dotte and Miami counties. Questions
were also asked him to bring out the
facts with reference to the meetings
of the board before the decision was
reached, but Mr.. Wells refused to
testify on that point and Commission
er DOran sustained him.
Mr.. Marshman was the Wyandotte
member of the congressional commit
tee at the Garnett convention. He
testified that he was in Clay Center
some time after the hearing of the
Allen -Bowersock case by the contest
nounced, and that Attorney General
Coleman said in a conversation that
Bowersock had no right to the dele
cations from Wyandotte and Miami
counties.
Mr.. Coleman was placed on the
stand by the Bowersock forces to dis
pute Marshmans testimony He re-
membered seeing Mr.. Marshman in
concerning the converse ton and he
did not remember making the state
ments attributed to him by MarShman.
Secretary of State Burrow went on
the stand and made a formal denial
of conspiracy or fraud in giving Mr..
Bowersock the nomination. He said
that he and Attorney General Cole
man gave the nomination to Bower
sock because they believed he was en-
titled to it.
Mr.. Bowersock also entered a for
NAL denial of any conspiracy on his
part or the part of his Heutenants.
H. G. Lariner, one of the attorneys
for the defense, filed a motion asking
that the commissioner report to the
supreme court that there was no evil
dence to sustain the charge of fraud,
was to pass on the testimony and
leave the supreme court to judge for
itself what it shows.
James Wick. the official stenog-
cribing the evidence as fast as it has
been taken and it was ready for pre-
sentation to the supreme court today
Mr.. Coleman Makes a Speech.
Both the First and Second district
cases were argued together before the
=, ,se Sr1r- 7
Hite and w. s. jerks spoke for the |
plaintiffs and J. G. Slonecker, H. G.
Larimer and Attorney General Coleman
for the defendants, which Mr.. |
Coleman was one.
Mr.. Coleman made the closing speech. |
He said it was difficult for him to ar
que the questions involved coolly and
and that he had not
until this morning tc appear
before the court. He said the plaintiffs
had set up the cry of fraud but that |
they themselves concede that they have |
not proven the allegations of their pc |
titionS. But they are now asking this |
court to find some sort of constructive |
fraud" said Mr.. Coleman.
Mr.. Coleman said it was not true that |
the board did not go into the evidence |
and try to find out who were the legal |
delegates from the various counties, |
and he denied ever telling r. L. Marsh |
man that Bowersock was not entitled |
to Wyandotte and Miami counties. He |
said he did not assent with regard to |
Miami county, and that he had not yet |
made up his mind with reference to |
county. Mr.. Coleman also
asserted that he made up his mind that |
had a majority of the legal |
delegates outside of Wyandotte coun-
ty IF that be fraud, let them make |
the most of it, he said.
In referring to the questions asked |
him by Mr.. jerks at the time of the
decision of the contest board, Mr.. Cole |
man said in a case of that kind the |
board could reasonably expect courtesy |
from the parties involved, but that Mr. |
jerks questions were 'insOlent, in |
suIting and intolerable. because they
ion just made"
Mr. Coleman also took occasion to |
explain in his argument to the court |
why he made what was understood to |
mony the other day. When Mr.. jerks |
asked him if Auditor Wells did not |
know what decision the majority of the |
board would render in the Allen case
before the case was heard, Mr.. Cole |
man said that was possibly true. He |
explained today that he understood Mr..
jerks to ask if Mr.. Wells might not |
have known the theory which the |
ma ajority of the board would decide the
case.
In closing Mr.. Coleman characterized
the petition in the case as ''villainous
charges, which. if sustained ought to
place the members of this board in the
coal mines at Lansing" He denounced |
those concerned in making and swear
ing to the charges as perjurers and said
they "ought to be sent forth from this
court scourged with a scorpion lash
which would pierce their rhinosceros
hides and reach their consciences, if
they have any
James w. Orr of Atchison is probably
the best pleased Democrat in Kansas