The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-25
DEFENSE BEGINS.
Continued from Page u

/ anu
Yes. sir
What do You understand by malice? q
II understand It is a feeling Of hatred
| that induces the publication Of an ar
ticle without just cause or without good
purpose
CAT this time. you were making war
on the Republican ticket, were you
not ?''
Simply on one man.
Were you endorsing Mr.. Coleman
we were not lighting him."
What did you mean by printing those
! editorials and reprinting from other pa
pers which were attacking him2"
That was after the publication OF
the article on August 20. We did not
endorse him after those facts came out
Mr.. Hossin then took up each of the
editorial items which the plaintiff IN
trodu Led to show malice" and cues
toned Mr. MacLennan concerning his
motives for publishing each.
Redirect Examination.
W. P. Hackney, on redirect exami-
nation, said:
rs it not fact that as fast as you
could get additional facts after your
investigation, you published those
facts ?"
Eyes. sir
rs it not a fact that your investi-
cations showed that Burrow. Cole
man and Dayhoff worked together
u 0n1Od0 OIL Tie SldbC DAACSC -
manche county bonds -
Yes, sir"
Did you ascertain that after Cole
man, Burrow and Dayhom agreed to
buy these bonds. Tom Kelly advanced
the money to GODDARD to finance the
deaI?"
Did you believe that GODDARD OBJ
tanned this money unlawfuily p
isn't n'p it a fact that after you pub
lished that editorial calling upon
Coleman to go after Kelly to get that
$4,000. that Kelly paid the money
back?''
1T is a fact?"
This closed the examination of Mr..
The defense then offered in evidence
the petition of the state against the
Title Guaranty and Trust company.
one of the Kelly bondsmen.
What Is the object of that?" asked
ut has been stated said Mr..
Hackney, that this state money in the
First National bank was not there UNI
lawfully. We introduce this to show
that Mr. Coleman himself charged
that this money was deposited un1aw-
fully in the bank and was in fact a
loan to the bank This was the charge
made by MT MacLennan in his paper;
a charge made for the purpose of
protecting the public money
Mr.. Hessin objected to the introduce
ton of this petition. but the court
overruled the objection and admitted
the petition. This petition was read in
full to the jury.
In this petition on behalf of the state,
Attorney General Coleman alleged that
State Treasurer Kelly was guilty of I'M
lawful and wrongful acts in allowing
state money to remain in the First Ma
tional bank. This suit was filed after
/ the bank broke, for the purpose of col
] Letting from the bonding company
was introduced in. evidence by the de-
Tense for the purpose of showing that
c. c. Coleman himself admitted the
charges made dn4tfe State Journal
The deposition .sofe1 H Cole. which
was taken some months ago was read.
Mr.. Cole was bond clerk in the office
/ of Auditor WeIls at the time of the
Comanche county bond deal. Mr. Cole
testified that Mr.. Matson, of the State
1 Journal came to him and asked him
for information about Comanche coun-
ty bonds, but that he knew nothing
about it. Later Mr.. GODDARD came to
Mr.. Cole and told. him that he was
planning to bring in some Comanche
county bonds for registration, and that
he was planning to sell them to the
school fund. That was In the latter
part Of June. MF GODDARD at that time
and on several subsequent occasions
asked him to keep quiet about it.
On July Is Mr.. GODDARD brought the
bonds in and wanted them registered.
He again warned Cole to keep quiet.
On August II the bonds were brought
in to be registered Mr.. Cole com
menced work on the registration at Z
D. m and worked 21s hours. Mr.. Cole
said that a complaint had come to the
auditors office from Mr. -BurroW about
the fact that newspaper men were al
lowed to inspect records in the audi
tors Office. He said that Auditor Wells
/ instructed him to show no records of
the Comanche. county bond registration
| to newspaper men, but to send them
to him or to Superintendent Dayhon
for information.
Nation on the Stand.
James Nation, assistant state audi
| tor, was called by the plaintiff as the
first witness at the afternoon session.
Mr. Nation was asked by Mr.. Wag-
gener to explain the system of eQualiz-
| ing assessed valuations adopted by the
state board of equalization. Mr. Ma
ton explained this system in detail
How do the counties determine the
method of raising taxes %
Most of them take the amount OF
taxes to be raised and apply a suf-
| hcient raise to their county valuation
| to produce the amount"
did you or did you not say to Mr..
Matson of the State Journal that you
would not register those Comanche
county bonds without an opinion of
the attorney general?"
Eyes, I made that statement to him.
said that in the absence of the state
auditor I would not register the bonds
unless the attorney general should say
they could be registered.
Mr.. Waggener then introluca1 into
evidence the fourteenth biennial re-
port of the state board Of agriculture
1 showing the population and produc-
1 tiveness of CoTnanche county and vari-
Gus adjoining counties. This was for
the purpose of showing that Comanche
county is a grazing county. and that
/ land is not as valuable as in adjoin-
/ ing agricultural counties.
J. G. Waters then. read the deposit
ton of George s aovey of Horton,
vice president of the Interstate Nation
al bank Of Kansas City. where A. A.
GODDARD first borrowed the money which
was used to pay for the Comanche