The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-18

This Time He Is Plaintin In
Libel Shit.
Acts as His Own Attorney and
Chief Witness.
HE CLAIMS DAMAGES.
Says His Reputation was
Injured.
Was Never Legally Convicted OF
Murder, He Says.
HE CLAIMS DAMAGES.

A rather unusual spectacle was pre-
scented in the district court today our
ing the trial of the suit for libel which
has been brought by Ira n. Terrill, OF
Oklahoma, against Thomas McNeal'
Arthur Capper and George NJ. Craw-
ford in which Mr.. Terrill asks for
damages to the extent of $4,000 for
an alleged libellous article against MIN
which appeared in the Mail and
Breeze on December 19, 1908.
Mr. TerriH acted as his own at
torney in the trial of the suit and was
the principal witness for his side OF
the case. He took the witness stand,
asked himself questions and answered
them When an objection was made
by James A. Troutman, attorney for
the defendants, to any of the questions
asked by Mr.. Terrill of himself. Mr..
Terrtll would arise from the witness
chair and address the court his argu-
ment on the validity of the objection
in his role as attorney for himself. ON
a decision by the court on the ques-
ton at issue Mr.. Terrill would resume
: his seat and continue to ask himself
questions.
Although acting IN the dual capa-
city of his own attorney and chief wit
ness Mr.. TerrilI managed to handle
both of the functions he had assigned
conducted his side of the case in
straightforward manner.
The article which Mr.. Terriu sued
on contained matter to the effect that
IL Mr.. Terrin had not been sent to
prison not over one hundred persons
would ever have heard of him; that he
introduced at the first session of the
territorial legislature OF Oklahoma and
had passed the first statute in the ter
ritory relative to the punishment for
murder, the crime for which Mr.. Ter
rill was committed to prison; and that
Mr.. TerrilPs efforts to get out of pris-
on had been turned down on every oc-
casion.
Mr.. TerriII's contentious are that all
these statements are untrue and that
they were written with malice and
that they have damaged his reputation
to a considerable extent. On the wit
ness stand he presented a lot of docu-
mentary evidence to sustain his con-
tentions of the alleged untruthfulness
of these statements. Some of the
documentary evidence. such as I'M
verified records of the territory of
Oklahoma, were excluded by the court.
Mr.. Terrill testified that prior to his
commitment to prison he was in the
real estate business in Wichita and
had a wide acquaintance and that he !
was not the nonenity the article in
question stated that he would have |
been had he not been sent to prison. |
AS an evidence that he was a man of |
prominence, Mr.. Terrill introduced a !
history OF the territory of Oklah oma |
which contained his photograph and |
also a biographical sketch Of himself |
This was incident to his service in the
territorial legislature. This article /
classed him among that scant number
of men found in public bodies 'of
classical sublimity and honest grand |
eur" Mr.. Terrill denied that he was
the author of the Oklahoma law pro- !
viding the penalty for murder.
While he was examining himself on |
the witness stand Mr.. TerrilI offered !
in evidence an executive order of Gov /
ernor Frantz of Oklahoma by which \
he got out of prison. He did this. he |
said, for the purpose of fixing the date /
Of his release Mr.. Troutman insisted /
that all of the document go in evil !
dence. Il do not want all of it in" |
said Mr. Terrill, because il is fraudu- |
lent" The court held that all or /
none must go in and Mr.. Terrill with
Mr. Troutman used it later in the
case on cross examination. 1t de- |
veloped that Mr.. TerriI tried to vote |
at the last general election in Okla |
homa last fail but was challenged on /
the ground that he had lost his citi- /
Eenship through Imprisonment. This /
challenge was produced by Mr.. Trout /
man And the order OF Governor /
F'rantz was also presented This order, /
which Mr.. Terriu characterized as
fraudulent" gave him a full pardon /
on January 3. 1907.
You knew when you offered to |
vote" asked Mr.. Troutman, that you /
had not yet been restored to citizen !
ship"
Il never lost my citizenship" an /
swered Mr. Terrill, because I was /
never lawfully tried in any court of /
competent jurisdiction"
You admit TO being imprisoned"
Yes" replied the witness. But
Christ was imprisoned without a
He did not sue for libel when he /
got out" added Mr. Troutman.
At no time during his cross-examina-
ton would Mr.. Terrtll admit that he /
had ever been convicted for the crime
charged against him He admitted be- 4
ing committed" to prison but claim /
ed that the commitment was unlawful /
and irregular. He told of having /
brought suits against E B. Jewett |
Sormer warden OF the Kansas peniten- |
riary and some of his subordinates for /
the alleged destruction of his property 1
and papers. He said he was going 10 |
bring another suit against Governor |
Hoch within a few days. He also has /
four suits pending in Oklahoma two |
against newspapers for printing alleged |
others for special damages against per- !
sons whom he charges with having been |
responsible for his unjust imprison-
ment."
Mr.. Terrin only had one other wit
ness for his side in the person of the !
Rev. Mr.. Fredenhagen. OF the Kansas |
Society for the Friendless. Mr.. Freden-
hagens testimony was for the purpose |
of substantiating the contention OF Mr.. /
Terrill that a man branded as a felon /
was damaged in the estimation of the /
public. Mr.. Fredenhagen's testimony
was to this effect
Herbert Armstrong. deputy clerk of |
the Kansas supreme court, was the /
first witness for the defense. He iden- 1
titled the papers in the various cases ,
that Terrin has had before that body. /
The taxing of evidence for the de- 4
tense case was continued.