The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-03

lar date let the court decide the date. .
! said Judge Hazen. The Object as
understand it is to try this case before
| case next Monday. October 10, as tl1stt
week is taken up with jvry trials al.
| ready set
Thereupon he and Mr.. MaeLennan
prepared the following stipulation:
Effort for Quick Trial Frustrated.
Coleman,
| "Burrow,
| 'Dayhoff
| VS..
| "MacLennan-
1T is agreed that these three cases
may be tried together before one jury;
| that three separate VerCictS shall be re-
turned by the jury, and may be tried
at this term at such time as the court
and parties may agree on to convent
enca all after this week. Monday, Oc-
tober 10, 1904, would be agreeable to
defendant"
Captain Waters read the stipulation
to the court and offered it to Newell for
his signature. Newell refused to sign
rs Mr.. Waters acting with authority
in this case?" Newell asked of Judge
Hazen.
''As the defendant is present in the
court room 1 presume he is,'' replied
Judge Hazen.
THE court will try cases only if the
parties consent said Judge HaZen- Il
made myself plain; put the stipulation
in writing and let both parties sign and
the court will take the matter up as
soon as the stipulation is filed. I will
not say anything till then and the mat
ter will not be before the court al:tll
such a stipulation is signed. If the
stipulation is filed today I will decide
the matter tomorrow morning"
At this point ]. S. West, of the firm
of Rossington, Smith & West, attorney
for the plaintiffs, appeared in the court
room. Captain Waters offered him the
stipulation for his signature. Judge
West refused to sign the stipulation.
Il won't sign that" said West. we
want to try the Coleman case first"
Judge West abruptly left the court
room. Captain Waters followed him
into the hall and again asked him to
sign the stipulation.
mo, we want to try the Coleman case
first" said Judge West.
You think you would prefer to try
the man furthest from the fire" said
Captain Waters.
Some time after the motion to docket
and set for trial had been filed in the
Coleman case and during the session of
the court, law clerk from the office of
Rossington, Smith & West filed replies
in the Dayhoff and Burrow cases, but
nothing about advancing the trial in
the Dayhoff and Burrow cases.
The Formal Reply.
The reply in the Coleman case, which
is identical with the replies filed in
follows:
IN THE DISTRICT COURT OF
SHAWNEE COUNTY, STATE OF
KANSAS.
c. c. Coleman, plaintiff. VS.. Frank P.
MacLennan, defendant
REPLY.
Plaintiff c. c. Coleman for reply to
he Of IA dafa here
in denies each and every material allie
gatien therein contained inconsistent
with the averments in mis- petition
ROSSINGTON, SMITH & WEST,
Attorneys fc~ Plaintiff.
F. L. WILLIAMS of Counsel
The motion to docket and set for trial
in the Coleman case is as follows:
IN THE DISTRICT COURT OF
SHAWNEE COUNTY. STATE OF
KANSAS.
C. c. Coleman, plaintiff, VS.. Frank P.
MacLennan, defendant.
Motion to docket and set for trial
Plaintiff, c. c. Coleman, moves the
court to place this cause upon the
docket and assign it for trial at some
time during the present month of Oc-
tober, and grounds for said motion
says: That this case is one of great
public interest and Importance and the
circumstances are such that speedy
trial. as early as possible, before the
election would be of great benefit 10
the plaintiff and to the public. The sie-
fendant in the same issue of his paper
which contained the answer filed herein,
and on September 29th. used the follow
ing language:
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 advanced
for hearing in ample season before cleo
tion.'
These three men are all candidates
for reelection
There is the entire month of October
and a 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 gratified, the public be relieved of
some suspense and the candidates Sc
cure quick Justice
Plaintiff therefore assumes, and 9e-
sires, that defendant confess this NC
tion and that this cause may be assign
ed for trial as early as possible.
ROSSINGTON, SMITH & WEST,
ATTORNEYS for Plaintiff.