The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-25

1904 % was asked
Il was in northern Wisconsin,
ANY telegraph station where you
were %
mo. sir"
"Did you see this article or any part
of it before it was published?"
Did you know anything at all about
it until after it was published ?"
How long had it been published
before you saw it?'
Nearly a week"
How long after it was published
did you return to Topeka ?"
About two weeks"
Had this action been commenced
before you returned p
1T had" :"
Did you instruct your employees TO
publish this article?''
7 left no instructions to publish
this article or anything bearing upon
this subject"
did you have any malice or Ill will
against this PLAINTIFF"
None whatever"
Had there been anything in your
relations with this plaintiff to cause i'll
feelings upon your part"
mo, sir. =.
WHO did you leave in charge of the
paper when away"
Mr.. l. L Kiene."
After you got home did you discuss
I did,
Did you make an examination of
the facts ?"
Il did,
Did you then believe the averments
to be true?"
Il did
Mr.. Hackney then took up one by
one each of the articles published in
the state journal subsequent to the
publication of the alleged Hbellous
article on August 20, which had been
cited by the plaintiff to prove that Mr..
MacLennan had no malice against the
plaintiff Coleman. These items, some
or which were editorials, some clip
pings from the LeavenWorth Times,
Beloit Gazette and other papers, all
We're in criticism OF some phase of the
work of Attorney General Coleman.
The general tenor was to accuse him
of being slow in the enforcement of
the laws Of the state relative to the
Kelly case.
On each item Mr.. MacLennan was
questioned, as to his belief in the truth
Of the same, and whether it was pub
lished with malice. In each case Mr..
MacLennan stated that the article or
comment was believed to be true, and
was published without malice but be-
cause the State Journal did not believe
that Mr.. Coleman was doing his duty.
Were you solicitous that Mr.. Cole
man should do his duty?" was asked.
I'VE were.
And prosecute Kelly?"
Yes, sir"
You believed as a public journal
that it was your duty to call public at
tention to his conduct"
This finished the direct examination,
and Mr.. Hessin, for the plaintiff asked
to be allowed until morning to make
an examination Of the articles upon
which the plaintiff is relying to prove
malice.
Mr.. Waggener offered in evidence
the original petition fled by Attorney
General Coleman in the suit recently
commenced against State Treasurer T.
T. Kelly, and court adjourned for the
day.
Today's Testimony.
Mr.. MacLennan was recalled to the
witness stand this morning for cross
examination. Mr.. Hessin conducted the
cross examination.
Did you publish anything in the ma
ture Of withdrawal of this publica-
tion?"
Il did not
Did you aave any personal know
ledge of the Statements in this article?''
] had heard of some Irregularities
IN the handling of the school fund.
What were they?"
1--WE heard of the attempted sale of
some Dodge City bonds"
Did you consult with anyone after
your return to ascertain the truth of
your charges of conspiracy
I did I consulted with numerous
persons, including Mr.. Kiene, Mr.
Matson, Mr.. H. B. Kelly, Mr. H. D
Thompson, the county clerk of Co
manche county: I looked into the value
of the old 6 per cent bonds, investfga-
ted the original issue and learned that
they were fraudulent; con
suited the report Of Attorney. General
Williams; I looked up the law relat-
ing to the purchase of bonds; I looked
up the dates Of the purchase of the
Is hrr - IL
bank"
Did you have any information that
this was done secretly?"
we did"
How did you get it?v
BY depositions from Mr.. Cole and
who gave you the information that
the school fund commissioners sacri-
feed a large sum in not buying 6 per
cent bonds?"
Mr.. H. B. Kelly told US"
Did you intend to say that Mr.. Cole
man, Mr.. Burrow and Mr.. Dayhoff got
a rakeoff?"
The article does not say they did,
What does it mean when it says
Black and Ugly and that there was
conspiracy to loot the fund?''
Means what it says"
Does not the article mean that Mr.
GODDARD and the school fund commits
sioners worked together?''
Tt seemed that way from Mr. God
ards deposition
DO you say that they did this un-
lawfully to loot the treasury to get
rakeof?'
I say they did this unIawfuIly to loot
the treasury
Indications of Conspiracy.
you say there was a conspiracy.
Now why was there a conspiracy?''
Two or more persons had
acted together to do what we
believed to be unlawful. Because
we thought it was unlawful
for them to buy bonds under the assess
ed valuations we thought it was unlaw-
full because the market value Of the s
per cent bonds was below par and they
had bough, the AZ per cent bonds at
par we thought that the transaction
z-as ccnd1lcted With rranra n1. less sacrac-..