The Topeka state journal., 1906-05-23

that which is used In raising county
revenue?s
Il think the county could use either
valuation
His Agreement With Hungate.
Did you have any conference with
Mr.. Hungate about prosecution Of state
offIcers?''
Yes. SIR
Did you ask him not to bring action
against state OFFICERS?
I met Mr.. Hungate at the Elks club
and told him that if he commenced ac-
ton against any state officers that
wanted 70 be in on il. I asked him to
notify me If warrant should be Is
sued
Was this race for diligence between
you and Mr.. Hungate?"
why did you make this request on
7 didn't want him to get ahead of
why not?'
Wen. because I didn't"
That's a good answer. Now why
he re you allowed so much time to elapse
before bringing any action?"
Il have been very busy"
with the NJ K & T. suit?'
NO, was thinking especially Of the
Kansas City suits.
You thought it more Important to en-
force the prohibitory law just then than
70 cover into the treasury a great many
thousand dollars, did your"
mo, that wasn't the point"
Now if there was an outstanding
liability of six or eight thousand dol
lars against Comanche county which
you did not figure on, you exceeded the
/ 8 per cent limit, and bought the Co
manche county bonds contrary to
law?"
q do not think so: If we we're ignor-
ant of the outstanding Indebtedness.
Would you say as a lawyer that
your failure to know about this out
standing indebtedness constituted an
excuse for your violation of law?
Il think we used due care in ascer-
tanning the conditions
Brings in Waggener Case.
Mr.. Williams then asked Mr. Cole
man whether one of the suits which
had taken his time was not against B.
state.
"Yes. sir" said Mr.. Coleman.
How's that?" said Mr. Waggener,
hearing his name mentioned as he
was making notes on his tablet. On
discovering the nature Of the question
he said:
~All right, I'm glad you went into
When the time came to cross ex-
anime Mr.. Coleman. Mr.. Waggener
went after him more vigorously
than previously.
The action referred to by Mr. Will
eral Coleman for the purpose of get
ting possession in behalf of the state
a sum of $500 which constituted the
| estate of TheBaas Gtlliannu of Atchison,
/ himself q locppptfye engineer. B. p.
/ Waggener was appointed as -Gilliam's
administrator, and ia the legislat ature of
1903, he secured the passage of the fol-
| lowing law:
sec. 1. That the administrator Of
the estate of Thomas Gillian. deceased,
/ is hereby authorized. after paying all
debts proved up against such estate.
4 and the expenses of administration, to
pay over to Massasoit division No 1874
/ Brotherhood Of Locomotive Engineers,
of Atchison, Kan. all moneys in his
hands as such administrator, and the
or other chief officer shall be a full
/ discharge of such administrator upon
I the approval of his final account by the
probate judge of Atehison county,"
Fought L. E. brotherhood
Mr.. Coleman attempted to prevent the
! payment of this money to the Brother
hood of Locomotive Engineers.
1 You commenced this action against
me did you not, said Mr.. Waggener
/ for political purposes2"
NO sir did not replied Mr.. Cole
man.
You have been much more diligent
| in trying to take that $500 away from
i the Brotherhood of Locomotive Engi-
cover the thousands of dollars stolen
from the state2"
NO, sir; left that Atchison case to
one Of my assistants" said Mr. Cole
man, beginning to hedge.
you knew that the public funds of
the state were being misused, didn't
you?,
Z heard rumors to that effect"
well, you had plenty of evidence of
the fact. did you not?
Il read several articles about it in
the State Journal, but didn't believe
them
Made No Investigations.
did you make any Investigations p
mo not much of any"
"Didn't you talk to Mr.. Kelly about
the charges?''
'.Yes, and he said they were not
1T has been charged for two years
that the state treasury was being
looted. Have you taken any steps to
investigate the truth of those re-
1 ports2'
mo. sir
you were repeatedly urged by Gov
ernor Bailey to bring suit2"
es, but we disagreed on methods. .
He wanted you to sue Kelly and
you wouldnt2''
t'He wanted something done before
the expiration of his term of Office
The plaintiff then introduced in evil
dence the deposition of H. D. Thomp-
son of Des Moines, Ia. taken a num-
Der of months ago. Thompson was
the owner of the Comanche county
bonds He offered the bonds to Kelly
& Kelly at between 96 and 81 cents
and later sold them to A. A. GODDARD.
Court adjourned at noon before this
deposition was completed
The reading OF the H. D. Thompson
deposition in the Coleman libel case
was not completed until 2;30-
Then the plaintiff introduced a let
/ ter written by General Coleman in re
ply to the letters of Ex-Governor
Bailey. The letter was statement OF
Mr.. Coleman's reasons for refusing tC
prosecute State Treasurer T. T. Kelly
2 R1lrrnu- sacratarN Of state