The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-30
COLEMANLOSESlT
Yeruict in SI5, 900 Libel Suit Is
for Defendant.
Jury Completes Its Work at
$3.50 Last Night.
SANGIN THE JURY ROOM
'sGlory Hallelujah" Announced
Completion of Case.
Attorney General Hears the
Verdict in Silence.
SANGIN THEJURY ROOM

tba coleman A4acI,ennan libel suit,
which has been on trial in the ShaW-
nee county district court brought IN
verdict in favor Of the defendant com
pletely vindicating the action OF the
Topeka State Journal in publishing the
details of the Comanche county oond
deal
on the first ballot the jury stood ten
for the defendant and two for the
plaintiff. This ballot was taken about
LAB Tuesday afternoon, Immediately
after the jury had read the judge IN
structions. The second ballot, taken
e few minutes later. stood eleven lot
the defendant and one for the plaintln-
This one juror stood out on subsequent
ballots until shortly after O'Clock,
when he came over 10 the majority
and the vote was unanimous for the
defense.
At 500 the jury asked permission TO
90 to supper, and this was granted by
the court The jury was allowed 10
separate during the supper hour, ana
reconvened. at 7 o'clock They at once
commenced the work Of answering the
special questions At about $50 this
work was completed. and those who
were waiting in the court room for the
-A AACt tk1dA u tAfG JdA y l--1@.A
with great enthusiasm the familiar
strains of GLORY. glory. haleIujah-'
At exactly o'clock the "buzzer' in
the court room rang three times,
signal that a verdict had been arrived
at
instantly all the people in the court
room woke up, and as previously
agreed upon. the court officials tele-
phoned for the plaintiff. c. c. Coleman.
and for ". P. Hackney. attorney for
the defense. Mr. Coleman was waiting
at his Office in the state house, and Mr.
Hackney was at the Throop hotel.
Both arrived within 30 minutes, and at
9-22 the jury was brought into the
court room The foreman, John s.
Todd. announced that verdict had
been agreed upon, and handed it UP to
the judge, together with the special
questions Judge Dana read to him
self the verdict and then read the an
swers to the special questions. At
9.26 he handed them down to Court
Stenographer Charles Bower and
said;
Read the verdict
Mr.. Bower at once arose and read:
We, the jury empaneled and sworn
in the above entitled case. do upon our
oaths ind for the defendant.
JOHN S. TODD. Foreman.
Mr.. Bower asked the jurymen if this
was their verdict, and they assented.
The special questions and the answers
were then read
Mr. Coleman, attorney general. seated
at the accustomed place he had oecu-
pied by the side Of the big table during
the trial. did not move a muscle when
the verdict was read He stared at the
table, and set his lips in a hard line
His son, Preston Coleman, who sat jrVt
behind him mopped his face with his
handkerchief. Charles Blood Smith the
chief counsel for the plaintiff. leaned
back in his chair, and did not look at
the jury.
There were sixteen persons present in
the court room when the verdict was
read. in addition to the jury Three of
the sixteen were Judge Dana. the court
stenographer and the bailiff J. G.
Waters and W. P. Hackney, attorneys
for the defense were there. and several
State Journal employees. Mr. MacLen-
nan was not present.
Special Questions and Answers.
The following are the special oues-
tions submitted to the jury. and the
answers which the jury returned to
those questions.
I. Does the testimony show that
the plaintiff sustained any actual
damage by the publication of this
article mentioned in this petition?
Answer: It does not.
2 II you answer the foregoing 2
question in the affirmative. then state
in detail Of what such actual damage
consists.
Answer. CBlank)
3. We're not the original bonds on
which these refunding bonds were
based issued fraudulently and wholly
without any consideration therefor?
Answer; Yes.
T. Did not the county authorities
resist their payment until the fnaI
judgment of the supreme court held
them VALID
Answer: Yes
We're they originally issued in
were
s. Just prior to the purchase bv the
board did the bonds sold to the board
nave any actual market value?
AnsWer-Yes.
T. If they did have any actual mar
same
Answer-on or about 80 cents.
g. How much in excess of their
actual market value did the board pay
for these bonds. Give the agprepafe
amount for the whole 1923. 900
AnswerZ$12.30
10. We're not these bonds pur-
chased by the board plaintiff voting
therefor. upon the valuation fixed bV
the state board of equalization
Answer-They We're.
H. Had any bonds been bought be-
1ore on such valuation by such board
AnSWer-No
12 Is it not a fact that other than
this transaction, all other bonds have
been bought by the board on the conn
~ valuations
AnsWer-Yes
IA Did not the valuation set bv the
state board exceed the county valua-
Answer-Yes.
IS. # so. about how much2
Answer-S407, ,18S
1a Was not the county valuation too