The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-28
the people ought to know"
who wrote the headlines p

Ugly?'
be black and ugly"
Did you write anything or publish
ANYTHING which you believed to be un-
true?"
Mr. Hessin said on cross-examina-
so you made no personal investiga-
mo. sir"
Did you read the article over?9
yes, sir
Did you talk to Mr. Matson2'
yes. we talked it over"
You relied wholly on his state
ments?9
Yes. sir
Proceedings Ruled Out.
MT. Waggener then offered in evil
denee the proceedings Of the Kansas
legislature on the bill which H B.
Kelly tried to get passed raising the
bond purchase limit from 10 per cent
to 10 per cent. This bill was showed
through the senate and house under the
emergency rule, and three days later
H. B. Kelly made his offer Of the CO.
Tnanche county bonds to the school
fund commission. The plaintiff made
hard fight against the introduction of
this evidence, and the court sustained
/ the objection, on the ground that the
| evidence was too remote. The act ii
self as enacted by the legislature was
!
The court then consented to the ad-
mission OF portions of the house and
| senate journals to show the dates when
/ the Dill was introduced and passed by
I each body This shows that the bill
1 was introduced and passed on the same
/ day in each branch of the legislature
Only state Taxes.
The defense then offered in evidence
/ the opinion of w. A. Johnston at tht
time attorney general and now chief
! 10
/ ton fixed by the board of equalization
/ Is FOR the sole purpose of raising statd
taxes Mr. Waggener by this expect
I ed to show that General Coleman had
reversed the established policy of his
othce IN his Comanche county ruling.
II was offered In evidence to show mo-
tive and was admitted by the court
over the objection of the plaintiff
The last witness on behalf Of the de-
tense was John Q. Royce, state bank
| commissioner. who was called to pre-
sent IN evidence copies Of The Finan-
cier, New York publication in which
| appear quotations on Comanche conn
/ y ponds. These quotations show the
market value of Comanche county
bonds, at the time the school FUND
| bought them at par to be from 70 IN
| IS cents on the dollar.
Evidence Is Closed.
Al the afternoon session the defense
offered in evidence the records of the
county clerk of Shawnee county. after
by Assistant County Clerk H / Nom
roe This was for the purpose of show
ing that A A GODDARD had no property
IN the year 1904. The object was to
snow that Mr.. 4odard had no financial
backing which warranted the Interstate
bank in loaning him S115.O00. The plain.
tin objected to this proffered testimony
and the court sustained the objection
on the ground that the matter was NOT
essential, there being no conflicting tes-
timony.
John @ Royce was called in rebuttal
9y tne plaintiff, and produced copies Of
Ihe Financier for September, October
and other months in 1904 The plaintiff
| presented the COmanche county bond
quotations showing that up to Septem-
ber 1904, the Comanche county bonds
Of 1900 continued at 70 bid and "a asked
asked.
This closed the evidence for both
At 2 o'clock Judge Dana ordered a
recess for a few minutes in which to
complete his instructions to the jury.
Judge Dana's Instructions.
: Judge Dana read his instructions,
which were somewhat lengthy, begin
hlhg at 2:lO D. m. The reading con-
cluded at 2:35.
After reviewing the charges made
py O. C. Coleman against F. P. Mac
Lehman, and the reply of Mr. MacLen-
nan, the court gave the Jury the law
Judge Dana held that the charges
made in the article If untrue are libel
GUS that the plaintiff is presumed to
pc innocent He instructed the jury
mat editors may publish what they
pledSe ABOUT public officials provided
/ lhey can prove these charges true.
| he held that the acts of public Off
clals are subject to criticism by news
papers provided the criticism is fair
In discussing the question of privi-
/ legged in ff@f-
ed the jury that the article in question
, / IS privileged, and instructed the jury
that II they believed the article was
printed in good faith without malice,
that the verdict must be for the de-
fendant- The fact that the article
might be untrue would not be a war
rant for verdict for the plaintiff
Judge Dana then explained the cor
rect Interpretation of the word
malice"
In discussing the second defense, as
to whether the article is true the judge
said the burden of proof must be on the
defendant He instructed the jury that
II they found that the school fund COM
mlssloners paid more than the market
price that the purchase was contrary
to law. He instructed the Jury that
the proper and lawful basis for the
purchase of bonds for the school fund
is the return Of the county clerk and
not the report Of the board of equaliza-
tion. IF the purchase of Comanche
. county bonds were made on the basis
Of the board of equalization valuation
Judge Dana instructed the jury that the
purchase was unlawful
Judge Dana further instructed the
jury that if they found that GODDARD
had been allowed to use state funds in
the Comanche county bond deal, such
! use would be a misuse of the funds.
; On the subject of conspiracy Judge
Dana neld that all of the facts and cir
cumstances in the case might be con
sidered in determining the question.
1t was held that the State Journal
items concerning Coleman published
since the alleged libel may be considered
solely to show the malice of the defend
, ant.
He held that if the plaintiff did an
unwise act but not an unlawful one
that this would not be a defense to
libel but might be considered just