The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-22
COLEMAN CASE
Brought for Libel by The AttOr-
ney General
Against the State Journal on
Trial Today.
JURY is SUMMONED.
Both Parties Announcing Them
selves as Ready.
The Case Proceeds IN the Dis
trict Court.
JURY IS SUMMONED.

PromptIv at 9 o'clock this morning
the libel suit of Attorney General &
c. Coleman against Frank P. MacLen-
nan, editor and proprietor of the 10
peka State Journal for $4,000 damages
which was commenced on August -
1904. came on for trial in the Shawnee
county district court.
At 1890. court adjourned, after ex-
hausting the regular panel of jurymen-
The plaintiff had used two of its three
peremptory challenges, and the defense
one of its three. Judge Dana adjourn
ed court until 1:3O and at once drew
g special venire of twenty names II
is likely that the work of securing the
jury viii be completed early this after
noon. and that the attorneys will be
well into the case by the time OF ao-
5ournment this evening.
The names of those who remained In
the jury box at the time of adjourn
ment this morning are as follows;
J. S. Todd. George Younggreen, S. c.
Buschong. c. C. Belden. J. II. Hows,
G. ]. House, b. f. Granison, Earl An
derson, H. A. Hail. John Lowrie and
Oliver Dietrich.
The special venire which was drawn
from the jury box in the county clerks
Office just after court adjourned is as
follows:
Mark Putnam. S. A. Bedwen, c. H.
Culp. c. W. shepherd, w. R. Weible,
J. c. Smith. W. NJ. Shaver, S B.
Rohrer, z. Houser. J. v Rowles, J. H.
Queen, j. n. Hopper T. Stafford, Thos.
Brandon, Abe Jacobson, Thos owen
James Stephenson, w. H. Fernald, T.
y. Critics and A. w. Bradshaw.
OF these, Stephenson, Bedweu and
Queen live in Topeka township; the
rest In Topeka city. Names outside of
Topeka township or Topeka city which
came from the box were rejected be-
cause Of lack of time to summon them.
S. B. Rohrer and T. D. Critics, who were
drawn, have both moved away from
town
c. C. Coleman. the plaintiff in the
case. arrived at the court room shortly
before O'Clock, accompanied by his
law partner from Clay Center F. L.
Williams. who was formerly Governor
Hoch's private secretary. c. A. MagaW,
who had been recently employed by
ing the jury. was on hand promptly,
and Charles Blood Smith, the head
counsel for the plaintiff arrived a few
minutes later
on the defendants side of the table
We're Bale P. Waggener Of AtchisOn,
w. p. Hackney of Winfield, and J. G.
Waters of Topeka, representing Frank
p MacLennan.
secretary Oh CldLe j. X BuITOW ana
I. L. Dayhoff, state superintendent of
public instruction, each of whom has
suit pending similar to the Coleman
suit, We're both on hand to watch the
proceedings
This suit is one of three commenced
at the same time, each for $4,000,
and each based on the same publica-
ton. The other suits were com
menced by J. r. BurrOw, secretary of
state, and by l. l. Dayhoff, superin-
tendent of public instruction.
All Of these suits arose from an
article published in the State Journal
of August 20, 1904. This article was
headed "Black and Ugly" and COM
menced as follows:
appearances indicate that a con-
spiracy has been formed by which
the school fund has been looted, and
the facts point toward certain state
officials as among the conspirators"
The article then referred to the
purchase of S123.000 of Comanche
county bonds by the school fund com
n1issioners, c. c. Coleman. J. r. Bur
row and I. L. DayhOff, mentioning T.
T. Kelly, as state treasurer, and A A
Godard SIS also engaged in the trans
action.
The article alleged many peculiar
and unusual incidents in connection
with the transaction and criticised the
commissioners for purchasing the
bonds which had a peculiar history
of their own
In view of the trial of the case. the
State Journal does not deem it a mat
ter Of propriety to go into the de+aiIs
of the case today, or even rehearse the
charges, except as they may be de-
veloped in the proceedings in the case
now before the district court.
This Mornings Proceedings.
Both plaintiffs and defendants an
nounced themselves ready for trial
Neither side had any preliminaries for
the courts consideration, and at five
minutes after 8 o'clock the Jury was
called and sworn.
8. A Magaw made the opening state
A1ent for the plaintiff He said in mart.
This action was brought to recover
samages for an article published on Au-
gust ~, 1904, rejecting on Mr.. Cole
mans character"
Mr. Magaw then took up the question
ing of the jurymen.
J. S. Todd the first man in the box
said he had no opinions in the case ana
about it.
Geo. Younggreen stated that he suh-
scrloes Tor the State Journal now but
9lc not in August. 1904 He had form
Sd no opinion in the case.
S. c. Buschong had read the article
complained Of but thought that he bad
no impressions on the merits of the
case.
9. C. Belden did not read the article
which forms the basis of the story
and knew none Of the parties interested
in the case.
J. H. Hows stated that he did NOT
know any Of the State Journal en-
ployes, and did not read the State Jour
nal.
G. I. House knew none of the state
Journal employees He subscribes for
the State Journal but could not remem-
Der whether he read the article sboTt
Coleman.
Il. N. Craig said he was slightly ac-
AAatnted with some Of the state Journal