The Topeka state journal., 1906-05-23
THAT LIBEL SUIT.
Much Time Is Devoted to Minor
Details.
Mr.. Waggener Finds Himself
Suddenly Drawn Into Case.
COLEMAN ON STAND.
Relates Details of the COmanche
Bond Deal.
Didn't Know GODDARD Got Money
From State Treasury.
Explains Why He Didn't Prose-
cute Kelly.

C. @. Coleman, attorney general u
the state of Kansas, and complaining
witness in the $4,000 libel suit
against Frank 2. MacLennan, editor
and owner of the Topeka state Jour
nal, has been the chief witness at the
trial of this case in the district court
this morning
Mr.. Coleman was recalled to the
stand shortly after the court resumed
its session at o'clock. and was ex-
cused just before the noon adjourn
ment
In addition to setting forth his own
side of the case, Mr.. Coleman on cross
examination made certain admissions
which were damaging to his position.
Adr. Coleman denied emphatically in
response to questions by his own
counsel that he had received any
profit. or promise of reward of any
kind or character whatsoever, from his
connection with the Comanche county
bond scandal. No charge of this kind
was made by the State Journal, how
ever, in the alleged libelous article.
Mr.. Coleman admitted that he knew
OF the charges which were being
made concerning the looting of the
state treasury and the improper care
of the state funds, and said that he
did not make any investigation TO de
termine the truth of the charges, ex-
cept to ask State Treasurer Kelly, who
denied the truth of the charges.
Three letters written by Ex-Governor
Bailey TO ~ Coleman urging him
to begin proceedings against State
Treasurer Kelly, were read this morn
ing Mr.. Coleman said he disregarded
Governor BaHey's requests because he
wanted to wait until a complete re-
port on the condition of the treasury
was made, though he admitted that
the statute of limitations thereby was
allowed to run on criminal prosecu-
tiOns- 1t was also brought out in the
testimony that it was Mr.. Coleman
who advised A. A. GODDARD to return to
the state the 1851 which he had re-
ceived Illegally in connection with the
Comanche county bond case.
One Of the strongest points made by
the defense was that Mr.. Coleman had
made q very superficial investigation in
to the real character and value of the
COmanche county bonds, before recon-
mending their purchase. He admitted
that he got his idea as to the value of
the bonds from the statements of Mr.
Kelly and Mr.. GODDARD, and from his
general experience in buying bonds.
He said that he had at no time prom
ised Mr.. GODDARD that the school fund
commissioners should buy the Comanche
county bonds.
Coleman's attorneys attempted 10
make it appear that Mr.. Coleman had
been so busy trying other cases that
r had not had time to begin prosecu-
tions against T. T. Kelly and Frank
Grimes They cited the case which Mr.
coleman brought against b P. Wag-
gener, one of the attorneys for the de-
fense. Mr.. Waggener turned the tables
on this matter. however, and made Mr.
Coleman admit that the suit was for
the purpose of taking away a fund of
81 800 which the legislature had voted
should go to the Brotherhood of Loco
motive Engineers of Atchison.
There was quite a large crowd in
the court room this morning, of which
large portion were state house Off
ciais and employees Mr. BurroW and
Mr.. DayhOff were in attendance
throughout the session. State Auditor
Wells was also on hand as a witness.
Indications are now that the case
may continue FOR some time, unless the
progress is faster than it has been UP
to the present time.
The important feature Of the Cole
man BIacLennan libel suit Tuesday
was the decision of Judge Dana hold
ing that the story BLACK and Ugly
printed in the State Journal of August
20. 1904. was what the law books call
q privileged publication"
which are printed without malice. and
for the purpose of benefting the pub
lie. The court held that as c. c. Cole
man was a public officer the publica-
ton of statements calculated to en-
tighten the public on his official record
was privileged"
Charles Blood Smith. attorney for
Coleman. insisted that while the story
may have been privileged" so far as
the Kansas circulation of the State
Journal is concerned. that the circuIa-
tiOn of the paper outside of the state
was sufficient to destroy this privileged
character.
studied the point carefully. for he de-
Iivered quite a lengthy verbal opinion
on the point raised by Mr.. Smith. He
said;
THE real point in this motion is
whether or not the publication is a
privileged one. and I don't know but
what it is a good thing that the point
came up now for settlement, instead
Of later. The answer in this case ad-
mits that the story was published and
sets forth the facts substantially as
printed. It alleges that the publication
was made in good faith. and IS a
privileged publication
Judge Dana then spoke of the Chase
county case. which had been cited bv
the attorneys. In this case. posters
were stuck up all over certain
county making charges against a Ger
tain candidate for Office It was
claimed that this candidate had con
spired to mutilate the election records
fin a certain important case. The mar
who posted the handbills was arrested
and charged with libel. It was show
that many of the statements in the
handful were untrue. but the supreme
c--,-t r - a77ot ~ tho ,4rhIsoo4fo-, -T-as