The Topeka state journal., 1906-05-23

LEGGED The fact that the State Journal
circUlates in other states is incidental,
and does not prevent this being a
privileged publication. The motion of
the plaintiff Will be overruled."
Tuesday Afternoons Proceedings.
After Judge Dana had given his ad-
verse decision on the motion Of the
plaintiff that the jury be simply re-
quired to decide the amount of damages
a. had held positively that the pub
lication of the article about Coleman
was within the class known as priv
ileged publications" F. L. Williams
opened the case with a statement on
behalf of Mr.. Coleman. He read the
whole of the State Journal article head
ed Black and Ugly" which forms the
basis for the lit.
While I do not say continued Mr..
Williams, that everything in here is
untrue, do say that anything relative
to conspiracy so far Is Mr.. Coleman
is concerned is untrue. This publication
was not made in goo faith by the de-
fendant. The defendant continued to
publish articles defamatory to the plain
tiff for a long time, even after the cleo
ton, shown that the publication was
malicious
DO you concede that Mr.. Coleman
was a candidate for office when this
publication was nader" asked Mr..
Waggener.
yes, We VIII concede that" replied
Mr. Williams.
"WiH you concede," a-ked Mr.. Wag-
gener. that these bonds were purchased
on the valuation fixed by the board of
equalization, and not on the valuation
fixed by the county officials" ?"
NO. we won't concede anything at
this stage of the proceedings, replied
Mr.. Smith.
Then your honor" said Mr.. Wag-
gener, Il move for a judgment in favor
of the defendant on the ground that
the plainlm was candidate for office,
and that the publication was privileged.
''Overruled.'' said Judge Dana
Mr.. Waggener then made his state
ment to the jury. He reviewed the case
fully and brought out clearly the salient
features He said in part:
THE p-aintif was a candidate for the
office Of attorney general. The law pre-
vented the school fund commissioners
from buying bones in any county where
the bonded debt is already Is per cent
of the assessed valuation. This law was
made for the purpose of protecting the
state school fund from every possibility
of loss from bad investments.
THE evidence viii show that A A.
GODDARD and c. c. Coleman were close
friends, and that GODDARD was something
of a bond speculator. H. B. Kelly Of
Topeka was also q bond buyer, and Mr..
Kelly offered to the state school fund
commissioners an issue of $12S, 900
worth of 6 per cent Comanche county
bonds. This offer was refused by the
Z
Mr.. Waggener then told hof the
sessed valuation of Comanche county
was raised by the state board of equal
ization presumably to enable the school
fund commissioners to invest in the
bonds without violation Of the Is per
cent law. Then he explained how A.
A. GODDARD had obtained an option on
the Comanche county bonds, and re-
funded them at AZ per cents how the
school fund commissioners agreed to
buy the AZ per cent bonds. and how
the S123 900 worth of bonds we're placed
in the hands of T. T. Kelly by Mr..
GODDARD to secure a loan of S125,000 in
state funds made by Kelly to Godard-
Mr.. Waggener continued:
we expect to show you that this en-
tire transaction was under the super
vision and advice of c. G. Coleman. Mr..
] MacLennan was publishing the Topeka
State Journal, and I doubt whether he
had even slight acquaintance with
I Mr.. Coleman He simply said to his
/ readers. Here are the facts. You can
judge for yourself whether he is
! proper man for this important office
And do not think Mr- Coleman was
/ greatly injured. At least he was re-
! elected to the Office of attorney gen
/ eraL"
Mr.. Williams then made statement
/ in rebuttal, by permission of the court.
/ He said that the assessed valuation Of
/ Comanche county was raised to make
that county the same as neighboring
counties.
If Mr.. Kelly extended the credit of
I the state treasury to Mr.. GODDARD it was
without the knowledge of Mr.. Cole
man." continued Mr.. Williams
Mr.. MacLennan the First Witness.
Charles Blood Smith then called F.
P. MacLennan, editor and proprietor
ness on behalf Of the plaintiff, Cole
man.
What was the circulation of the
State Journal in August, 1904?" was the
y ~
Between fifteen and sixteen thou
sand,' replied Mr.. MacLennan.
Your paper circulates outside the
s'To a small extent"
city,"
Yes, an advertising agency"
They have the paper there, don't
yes, they keep it on file"
The same is true in Chicago, isn't
Yes, we have an agency there"
You send papers to Nebraska, Mis-
souri, Colorado, and other states?"
/ Yes, but mainly to exchanges.
Any subscribers in Indian Terri
yes, a few
The object Of this examination was
/ evidently for the purpose Of estab blish-
/ ing the Iact that the alleged libel had
Z been circulated outside Of the state Of
/ Kansas.
George W. Martin. secretary of the
/ State Historical society, was called. He
was simply used to Identify files of the
State Journal for the years 1904 and
1905, taken from the Historical so
ciety.
Coleman on the stand.
Attorney General Coleman was
sworn. He gave his residence as Clay
Center. and his age as 81. He had
lived at Clay Center since 1871. and
his occupation has been that of lawyer
since 1885. He was admitted to the
bar in 1878. He stated the circum-
stances of his election to the Office of
/ attorney general and his connection
/ with the work of the board of school
1 fund commissioners. Mr.. Waggener
then cross examined the witness.
by what majority were you elected
| in 1902 %