The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-25
OLD SOLDIERS FREED.
Discharged Under Habeas Corpus
Proceedings.

In district court this morning,
Judge Dana discharged the two de-
PENDANTS in the old soldier case, P.
H Coney against w. A. Morgan and
others which has been pending for
some time, but has not been set for
trial
In this case, a justice of the peace
for Shawnee county, A. ]. Bollinger,
sought to extract evidence from the
defendants in the two Pat Coney cases
by dispositions w. J. Whittekind and
w. A. Morgan, two Of the old soldier
defendants, refused to testify before
the justice, upon advice of their at
torney, D. c. Tilottson. They were in
turn cited for contempt of court by
the justice, and remanded to jail. The
sheriff refused to lock them up, but
they were technically in Jail until
o'clock this morning, when the dis
trict court ruled upon the habeas
corpus proceedings brought by their
attorney. This habeas corpus pro-
ceeding was first brought to the at
tention of the court Monday morning,
but finding that the defendants were
not actually in Jail, the court took the
case under advisement. In the mean
time, despite the suggestions of the
court that no further disturbance of
the kind would be entertained, the
justice of the peace sought to take the
deposition of J. M. Harris, an alleged
witness in the case and sympathizer
with the defendants on Monday even
ing t1aTTIS was sworn, anu IeIuS6Q
to answer some of the questions
asked, was fined $25 for contempt and
ordered to jail. Like the others COM
mitted by the young ]. P, Harris was
allowed to run at large by the sheriff,
and his case will be heard tomorrow
morning.
Today the court was. emphatic in
his decision. He said in substance
that it was useless for the prosecution
to try to make him believe that the
dannSifinT7S r
pose of submitting evidence in the
civil case of Coney against the several
defendants.
This court is cognizant of the
fact" repeated Judge Dana today
the same language he used Monday
morning-that the criminal libel case
in which Coney is prosecuting wit
ness and these same parties are de-
PENDANTS, is set for next Monday,
while the civil case, in which it is
alleged these dispositions were taken,
is not even set for trial This attempt
to take dispositions of these de-
PENDANTS Moran and Whittekind ap-
pears to be a fishing expedition in
tended to- secure evidence for the
criminal prosecution. The defend
ants have constitutional rights. They
cannot be compelled to give evid ence,
in deposition or otherwise, before any
court, which might incriminate them,
or even tend to lead to a line of evil
dence which might incriminate them.
Defendants are discharged from GUS
tody. However, this court does not
censure Bollinger. the justice of the
peace. Perhaps he thought that he
was proceeding in the right way. He
had no judicial knowledge of the
criminal case now pending.
"In regard to Harris, the latest vic
tim of the justice court, whose
application for habeas corpus is now
pending, 1 will decide in that case
Thursday morning. 1t is very possible
that this defendant is justified in re-
fusing to answer the question put to
him. Who knows. judicially, that
this is not an effort to connect him
with the crime of libel now pending?"
A brief sketch of the case: Pat
Coney, local attorney and ex-com
mander of the state G.. A. r., tried
two years ago to run for the office of
national commander of the old SOL
dier's lodge. The defendants are
alleged to have circulated a libelous
letter, charging Coney with various
crimes, notably, robbing the widow of
an old soldier. Coney was beaten in