The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-11

~ prosecute 4111lA 1lSlGt1u Ol dSAlA1S
him questions. Mr.. Coleman convicts.
himself in making this assertion. Mr..
Coleman is nothing if not prose-
cutor, and may be nothing anyway.
He is a prosecutor by business. He
was elected for it. While the State
Journal is not even legal PROPOSE
ton, merely a newspaper. We are
trying to perform our duty as such.
If the State Journal is not doing its
duty by not prosecuting Coleman.
what is to be said of Coleman for not
prosecuting Kelly?
Coleman has had in his possession
six months Accountant Rowett's final
report, showing that more than $14.-
900 was paid into the treasury and re-
ceipted for, yet it is not accounted for
this in addition to other discrepan-
cies involving many thousands of dol
lars. The Garden City shortage was
returned to the state treasury by the
mysterious "a. R. Brown yet in the
same letter in which Kelly collected
the Garden City funds from the fiscal
agency in New York, he also collected
the money on two other sets of
coupons. Why did not Mr.. Coleman
do something about that?
The State Journal dug up and pub
lished the sworn evidence of the off,
GERS of the Interstate National bank OF
Kansas City, Kan, showing that Kelly
had embezzled $123,000 by taking up
note of A. A. GODDARD, in order to help
GODDARD through with the Comanche
county bond deal. That Kelly consid-
cred the bonds as belonging to GODDARD
after he paid out the money instead of
to the state, is shown by the fact that
he subsequently paid GODDARD the in
terest on them for the sixteen days
GODDARD held them after Kelly loaned
him the $123,0O0. Kellys own friends
admitted that this was technical en-
bezzlement. Why did not Coleman
prosecute him
If the State Journal, which is not a
prosecuting officer, ought to prosecute
Coleman, who is-instead Of publishing
the facts about him and asking him
embarrassing questions-what excuse
can Coleman make for not prosecuting
Kelly, when it was not only his sworn
duty, but when Governor Bailey in
structed him along that line. Does Mr..
Coleman dare to publish all of his CORE
spondence with Governor Bailey along
that line?
Mr.. Coleman refers to the libel suit
that he brought against the State Jour
nal for telling the facts with reference
to the notorious Comanche county
bond deal, and he makes facetious
reference to the illness of the state
Journals chief counsel in that suit.
When that suit was first filed Messrs..
| Coleman, Burrow and Dayaoff made
this statement:
I'VE have instructed our attorney to
demand immediate trial, to waive all
| formalities causing delay, and to make
any agreement necessary to bring a trial
without delay
| The reason for desiring a trial before
election was that all the facts concern
| ing the bond deal might be placed be-
fore the public. In order to secure this
the three suits had to be tried together.
yet when it came to the test Mr. Cole
man and his companions funked and
refused to allow the three suits to be
tried together. They took advantage of
a legal technicality that gave them this
privilege, in order to prevent all the
facts being brought out. This spring
when the case came up the State Jour
nails chief counsel was ill in bed and
has since been away much of the time
for his health. There was no demand
for immediate action, such as there was
prior to election.
Coleman denies that Kelly has any
hold on him in any manner what
ever. This is exceedingly gratifying.
1t must be, then, Mr.. Coleman's mere
| ly fatal inclination to do the wrong
thing at the wrong time which led him
to act as though he were Kelly's at
torney instead of the attorney for the
state. Kelly and Coleman had re-
peated private interviews during the
time that Governor Bailey was urging
Coleman to take action with reference
to the treasury shortages. At one
time Immediately after Coleman had
had a conference with Governor
Bailey, a State Journal reporter was
DESTROYS of seeing Mr.. Coleman, but
his assistants said he was "busy"-he
was locked in his private Office with
some, one else. The reporter watched
his chance to see the attorney general
and after an hour or more the door
was unlocked and T. T. Kelly came out
of Colemans private Office. On an
other occasion when a reporter called
to see Mr.. Coleman he was informed
that Coleman was in Kelly's office
talking to Kelly.
| If Coleman had ever taken any ac-
ton against Kelly one might be war
ranted in supposing that he was in nc
way Influenced by Kelly. but inasmuch
as he failed and neglected to do any
thing to bring to justice the person OF
persons who had robbed the state, OF
even to protect the state by civil ac-
tons to recover the money that was
short, newspaper is warranted ir
suspecting that Coleman and Kelly
talked the matter over and that Kelly
persuaded Coleman not to take such
action. The State Journal does moi
know what took place between them
and asked the questions it did of Mr.