The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-03
CONEY CASE is ON
Court Room Filled With Civil
War Veterans Today.
Big Grand Army Row Is Being
Aired.
ARRESTED FOR LIBEL
Defendants Charged With Circu-
lating Defamatory Circular.
Large Number of Witnesses
Have Been Snbpoenaed.

The case of State of Kansas against
w. A. Morgan and others,-others in
this case meaning Ed G. Moore W. j.
Whittekind, ]. S. Coddington, and 1. s.
Elder. all old soldiers and members of
the local G. A. R., who are charged
with criminal libel, began in earnest in
district court today. Out of the Is new
Jurors drawn, the incomplete dozen of
Wednesday was secured today, and
the trial proceeded. These men, all vet
Grams of the civil war, are charged in
the information, with publishing and
circulating a certain defamatory docu-
ment, over their signatures, charging
Captain Pat Coney, prosecuting witness
IN this case, with various crimes.
Coney, at the time of this publication,
was a candidate for national comman-
der of the G. A. r. The encampment
was held in September, 1907, in Sara
toga, N Y, and was defeated. The
Topeka old soldiers who claimed to
have his record in a nutshell, and cir
culated the article against him. are sup
posed to have not only ruined his
chances for election in that event. but
damaged his personal character. He
mas another case pending, wherein he
asks Tor damages against these same
defendants.
The Witnesses whose testimony was
taken up to 1:30 today were, T. M.
Becker. ex-commander OF the division
of Oklahoma, G. A. r., L. L. Kiene of
the State Journal, in which excerpts of
the alleged defamatory circular was
printed, and P. A LoVewen political
reporter of the same paper, to whom
the malcontents were referred when
they appeared in the newspaper office
with their circular in printed form.
Becker was required by the prose-
cution, conducted by County Attorney
Schenck, to tell something about receiv-
ing one of the "COney of Kansas cir
cularS, the publications alleged to be
libelous, by mail, and how he imme-
diately enclosed it in another envelope
and sent it to his friend Coney of Kan
sas, with a foot-note, to the effect that
he didn't believe it, appended thereto.
This circular, which is alleged to
have been published and circulated by
the defendants, charges Coney, as
candidate for office in the G.. A. R.,
with, first, robbing a soldiers widow;
second, with various brands of mai
feasance in Office while state com
mander Of the G. A. r.
The circular received by this wit
ness, and returned to Coney, was ad
mitted as evidence and marked as an
exhibit.
The newspaper witnesses, Kiene and
Lovewell,, were questioned concerning
a visit to the State Journal office by
the defendants, or part of them. who
submitted the printed circular for pub
LEGATION in the paper. Mr.. Lovewell,
then political reporter for the Journal,
testified that small party of old SOL
diers, headed by 1. S. Elder, had sub
mitted the matter for publication, and
that he had written a short story on
the subject, citing some of the charges
made by the circular. Both newspaper
men were hay as to the identity of
old soldiers in the delegation, but were
reasonably certain that said delega-
ton was headed by I. S. Elder.
This closed the testimony up to 1870.
About three dozen witnesses are still
to hear from, and it is a safe bet that
the case will not be closed and a YER
dict rendered by supper time Saturday
night The trouble in securing jury
was responsible for a major part of the
delay in reaching the case. Very few
old soldiers have not heard the merits
of the case discussed by persons affili-
ated either with Coney or the defend
ants, and could not we'll avoid forming
personal opinions which barred them
from jury service in the case. The
regular panel of the September jury
contained II out of % old soldiers.