The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-29
GOES TO THE JURY.
Continued from PAGE II


answered. He closed his argument af-
ter speaking one hour and IS minutes.
Mir. EIackey's Speech.
Air. Hackney then spoke for the de-
zense. He said:
Mr. MaeLennan and Bdr. Kiene have
testified that they had no connection
with this article. I think il Will be
kronceded that Mr. Matson had no mall
ice Counsel have sneered at yellow
Journalism. They have said that a man
fexposed by an editor to go and kill him.
.But you know what Lawson did by his
articles in EVeTybOdy's Magazine No
man was ever party to a piece Of scoun-
fdrelism and got unnlaslzed who did not
EhoWl yellow journalism If your YER
idict is for the plaintiff, it viii be
warning to the newspaper men OF the
Estate to muzzle their columns, and al
low boodling and grating to go on
unrebuked.
NO Republican can afford to stand
sponsor for such a piece of infanly as
lis involved in this case. 1t was a
kcrime against the people Of this state
for them to buy those bonds as they
'The plaintiff says that Mr.. Coleman
IFS an honorable man: that he has for
% years been Dracticing law, and is
lone of the greatest lawyers in Kansas.
81 will concede that point. I viii go
Further and concede that Mr.. Coleman
IS the greatest lawyer in Kansas. And
II VIII further say that for this reason
ihe is either guilty of gigantic neglect
.of duty. or else he is a scoundrel. and
b am inclined to believe that he is
saboth, for no man who is a great law
ser could be guilty of such gross in
kcompetence. Because this defendant
published some of the facts. they say
THAT this great attorney general, this
MaWyer of % years experience should
have gone to his Office and SHOT him
down like a dog. I've no doubt that
Smith thought that way. because some
Of the stings coming from the direction
OF that Office had hit him. And they
say that somebody ought to go and kill
Frank MacLennan because he is print
ing the truth about some of those
scOundrels.
MI Hackney than took up the dis
Cussion of the testimony of H D.
Thompson, the man who sold the bonds
TO A A GODDARD. Mr.. Hackney showed
from the correspondence between
Thompson and H B. Kelly that the Coz
manche county bonds were of very
doubtful value, and that difficulty was
being found in finding purchaser. Mr..
Hackney continued:
1t seems that Mr.. Thompson knew
what the law was about the purchase
of bonds for the school fund. Tt is
evident that Il. B. Kelly knew what
the law was Mr. MacIennan knew
Eyhat the law was. Matson knew what
the law was kiene knew what the
law was. Everybody knew what the
aaW was except this man Coleman, this
attorney general, this great lawyer Of
g years experience.
what is there about these state
@=NJAGa lAi@A no one AUQulQ DC dltQWtQ
10 see then2 Why was MatsOn re-
fused access to the records Why did
Seth Wells tell Natson that he was
going to protect these fellows Cole
man, BurrOw and Dayhoff, until after
Nne election? Because they were all
tarred with the same stick. They
wanted this thing kept quiet.
What about that Dodge City trans
actiOn2 When Frank MacLennan
printed the facts about that Dodge
City affair they came and put the
money back. That's what followed
one Of the State Journals exposures.
The very fact that Mr.. Matson
viii not say that Mr.. Coleman got
rakeon shows his fairness. Great en-
phasis has been placed upon this by
the plaintiff but 1 say it proves that
Matson had no malice in publishing
that article. And 7 saw all honor to
MacLennan, all honor to Matson, all
honor to Kiene, all honor to the State
Journal, for having the courage to
come out and print these things. This
affair is dark and ugly. as Mr. Kiene
said in his headlines. It is dark and
damnable. ] say that this was a con-
spiracy to loot the treasury and the
school fund, and by returning a YER
dict for the defendant you will be do
ing Gods service
Mr.. Waggener's Speech.
Mr. Waggener said:
This is a most important trial; per-
haps the most Important since the ad-
mission of Kansas to the Union. BY
your verdict you establish a precedent:
whether the public officer is a public
servant or whether to him the public
must bend the servile knee. For two
years it is a matter Of common knOWl-
edge that the name of the state of
Kansas has been a byWord and a hiss
ing throughout the land. Men hold
ing positions of trust have said. we
are bigger than the state, and you
cannot prosecute me because I am
part Of the machine.
Two years ago the charge was
made that state money was being loan
ed out to private banks, but there were
nc. prosecutions Evidence shows that
this paper had published articles call
ing upon the attorney general to do his
duty. He failed to do so. He says the
publication of these articles was evil
dence of malice. What would we do
II we had no newspapers to publish
these things2 There are certain news
papers which are muzzled they are
subsidized by parties, corporations or
individuals What would we do with
out the Independent press2"
Mr.. Waggener then read Governor
Bailey's letters urging General Cole
man to bring action against T. T. KEEL
ley and MI COleman's reply stating
that he had no evidence against KellV
which he filed against Kelly about two
months ago. admitting that a cause of
criminal action existed.
And yet. said Mr.. Waggener
s'they claim that the State Journal had
malice when it urged Coleman to do
what he now admits was his duty Is
st possible that newspa pers not subsi-
died are to be muzzied by their fear
Of courts and juries? Instead of going
10 MI Hungate, the county attorney
and offering to join hands with him in
sending some of these officials to the
penitentiary he went to him and told
him TO issue no warrant for Kellv's
arrest And so nothing was done. And
new ne says that the State Journal was
a lire a.
state Journal had not printed this
matter. would you have known any
thing about it, The subsidized papers
would not have printed anything.
--oaEsnnallu- Z Ea.-a 1.otl,i.,.- >. -.