The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-29
GOES TO JURY.
Coleman Libel Suit Is Submitted
This Afternoon.
F. L. williams Closed the Case
for Attorney General.
MR.. SMITH is RADICAL
Advises That Offending Editors
Be Killed.
Capt. Waters Reviews History OF
COmanche Bonds.
HACKNEY'S SARCASM.
His Scathing Arrangement OF
Mr.. COleman's Acts.
Dit tr.... noI1r-ov.s on
IEACKNEY'S SARCASM.
His Scathing Arraignment of
Mr.. COleman's Acts.
Bale Waggener Delivers an
loquent Logical Address.

1oquent Logical Address.
All the law and the evidence which
the industry of six able lawyers was
able to procure in a weeks time was
at 1.3O this afternoon placed in the
hands of the district court jury which
win decide whether or not Attorney
General c. c. Coleman is entitled to
recover damages from Frank z. Mac
Lehman for the publication in the state
Journal of August 20 1904, an article eX-
posing the notorious Comanche county
bond deal in which the school fund com
mission and other state officers and Ger
tain bond brokers were involved
The argument of the case was closed
at noon today by F. L. Williams, speak
ing in behalf of the plaintiff, Coleman.
Eloquence is evidently more to the
popular taste in Topeka than evidence.
Larger crowds have been attending the
trial of the case since the argument
commenced Monday afternoon than at
any other time during the trial.
Today the feature of the proceedings
has been the masterful argument of
Bale Waggener, of Atchison. in behalf
of the defense. Mr. Waggener has a
national reputation as a trial lawyer
ana MS argument before lIlE jury inns
forenoon will go down as one of the
most able legal presentations in the
history of the state. Mr.. Waggener
commenced his speech at 9:15. and con-
eluded at 1880 The general opinion
OF people in the court room, many of
whom were lawyers, seemed to be that
Mr.. Waggener's arguments were abso-
iutely unansWerabls, and that in view
of the instructions Of the court and
the evidence as reviewed by Nr. W WaE-
geher there was no alternative for the
jury but to return a verdict for the
defendant.
After Mr.. Waggener completed his
speech. Mr.. Williams spoke until about
1910 on behalf of the plaintiff Mr..
Williams is not as brilliant a speaker as
Mr.. WaggeneT, and did not hold the at
tention of the jury as well, but he
pounded hard on the line of evidence
which is relied upon to win the case for
Mr.. Coleman.
At the evening session of the court
Morfday night, the court room was
crowded. and the crowd heard two
very able speeches of entirely different
character. John E. Hesstn, speaking
in behalf of the plaintiff, made a cool
and logical speech. setting forth the
claims of his side Of the case in good
by ". p. Hackney for the defense,
who in one OF the most scalding and
biistering invectives ever heard in the
court room, paraded the inconsistent
ElEs di4Q laAAu1ES Oh the StnOO4 lu1u
commission. the state officers in gen
eral. and Mr.. Coleman in particular.
Monday afternoon, the argument
was opened by a speech by Charles
Blood Smith, in which he displayed
cOnS1dera bic personal feeling against
the defendant, and advised people to
kin editors who print unpleasant facts
about public officials. J. G.. Waters
then made a powerful plea for the de-
fense. setting forth the gross fraud
which had haGT TaI he ic-
suance of the bonds, and the long con-
tinued betrayal of trust on the part of
officials who have charge Of the state
school fund
The defense has submitted a list of
about fifty special questions to the
jury. which are calculated to bring
forth some interesting conclusions Of
fact about some of the things which
are of interest to the people of Kansas.
Charles Blood Smith opened the
argument for the plaintiff with a
speech one hour in length He was
very bitter in his arraignment Of news
papers in general, and declared that
one who had been exposed by a news
paper ought to get a gun and go and
kill the editor forthwith. Subsequent
ly he declared that the editor ought to
be in the penitentiary. and it is not
quite certain whether Mr. Smith in
tends that both penalties shall be
visited upon all editors or not
Mr.. Smith said. when q man is
charged with these things. there is one
Of two things for the victim to do. He
can go down to the newspaper Office
and meet the man who wrote the arti-
Gle and kill him. And if he should do
that he would receive the applause of
all the reputable people OF the com
mUnity- He would do a thing which is
sustained by morality and by law if
he should shoot the man dead who
published the slander.
The other way which is open is to
bring q legal action against the man
responsible for the libel. And that is
the course which has been taken in
ehis case.
%EAe defense is made that this
saarge is true. If it is not true the
man who published it ought to he
in the penitentiary.
1T requires more courage for a man
to bring q suit of this kind than it does
to take the law in his own hands and
demand personal satisfaction, for he
takes the chance of a verdict against
him; he takes the chance of , dis
agreement Of the jury.
"1f you find against the p1sfnfiff in
this case you necessarily brand him as
q criminal for all time to come. Car
you ind anything which justi6es vou
In finding that this man Is a criuaina I -
In speaking Of the market vaI1Ie ri
the Comanehe county bonds as shown
in The Financier. Mr.. Smith said. sirThfs
publication quoted the value OF. Conan
che county bonds a year after they
We're off the market and this thew ~ y
not worth anything to establish market
values unless it is more careful in its
statements than that. The AZ per cent