The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-28
NEARING THE END
Coleman Libel Suit Reaches Last
Stage.
Employees Of State journal on
the Stand.
NO PERSONAL MALICE.
Testify About Publication Of
COmanche County Bond Deal.
Was Printed as a Matter Of
News.
Judge Dana Instructs the Jury
This Afternoon.

with the exception OF the argumentF-
Of the attorneys. the trial Of the libel
s,,it OF G. G. Coleman versus f. r
A4acIennan. which has been on TOT
nearly q week IN the Shawnee county
district court. closed today, when the
defense introduced John Q. Royce us
last witness. and announced that It's
case was ended.
It is not likely, however, that the six
attorneys can complete their arguments
today. The case is not likely to go 10
the Jury until Tuesday. unless the ar
Euments are limited
The witnesses for the defendant this
morning were c. H. Matson. L. L.
Tiene. and John Q. Royce. Their eVl-
dence was not of sensational nature
Mr.. Matson and Mr. Kiene, both OF
whom are connected with the State
Journal. testified regarding the motives
Of the state Journal in printing the
story which forms the basis for the
suit Mr. Royce introduced and ldenp-
fec. copies of The F'inancier, standard
financial publication, which shows thal
the price bid for Comanche county
bonds was 20 and the price asked was
s4 at the time the school fund commits
sioners purchased the bonds at par.
the defense presented today was in the
form of documentary evidence.
Bale Waggener introduced volume
of Kansas official documents containing
an opinion given by William A Johh-.
ston. now chief justice of the suprema
court but at that time attorney gem
eral to the effect that the valuation OF
a county as fixed by the state board OF
equalization is intended solely for tina
purpose Of basis for the state tax
This document shows clearly, the de-
Tense claims. that Attorney Genefal
Coleman was reversing the establisheo
precedent of his Office when he held
that the board Of equalization valua-
tion could be used as basis upon
which to buy bonds.
Another important point gained by
the defense was the Introduction OF
matter from the house and senate jour
mails OF the 1903 session to snow that
the H. 3. Kelly bill providing 1Cr an
increase of from 10 to 10 per cent in
the limit at which bonds might be pur-
chased for the school fund, was passed
under a rush order at the close of the
session, apparently as q preliminary tC
the plan which Kelly had Of selling the
Comanche county bonds to the school
fund.
Clarence H. Matson resumed his tes-
timony commenced on Saturday by
making a slight correction on his testi-
nony- He said that the State Journal
had printed the story of the Smith Cen
ter bond deal three days before the
Smith county primaries, instead of on
the day of the primaries as he had
stated.
Mr. Hessin resumed the crossexam-
inatiOn of the witness
Did you know that Mr.. Kelly had
advanced money to carry this deal2"
I did not
Did you know that Mr. GODDARD had
received excess interest?"
I did not"
Did you know that Mr.. GODDARD had
contract with the Comanche county
commissioners
Il did I saw that in Comanche
You say that strong pressure had
been brought on State Auditor Wells to
keep this secret. You had no evidence
of that did you?'
Yes. Mr.. Wells said that he had
agreed to protect those fellows until AZ
ter election. I changed the word Eel
lows to officers"
Was Mr.. Coleman one of those WIN
had brought strong pressure ?"
de had made this ruling regarding
the purchase of the bonds.''
did you intend to charge that these
men did an unlawful thing. or thar tbe1-
old lawful thing in an unIa wful wa Y p,
They did an unlawful thing.
Ihat IS the purchase of these bonds
on the basis of valuation agreed upon p,
That is one Of the unlawful fea
lures"
What is any other2o
The purchase of bonds at more than
their market value
Mr. Waggener then asked 1non re-
direct examiTation:
You had a conversation with II
Kelly2" Win n g.
''ges, sir
He said he had offered these bonds
and mad received no reply?"
q
There was good deal of scandal
Yes. I think so"
In your Investigation did vor know
OF any source of Information which 80,
did not follow uD?" oU
old not neglect any source J. con
Eidered reIiabIen eoi'-
Why did YOU not co IN NJ r,o,-
Mr. Burrow or Mr.. Davhoff to ASH tbe-+-
about this conspiraev2n e'ie I'll
ga not think they would tell me
This concluded Mr. Matsons testi-
L. L. Kiene. managing editor oe IL.
witness. @'u as
Did you know about this c,omanc1e
county bond article2" Il
Yes. sir"
ro5 ~Dla 3. M Matson report the facts te
yes. sir
,.ats VT P.. did you do toward getting the
- Il Instructed Mr., Ndatson to use ever,
slaintin?'' '' '9"aro me
mo. sir"
why did you print this artiele?s
Because thought 1t was sometime