The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-04
MORGAN LET OUT
Libel Action Against g. A. r.
Commander Dismissed.
Protests and Demands a Trial
by Jury.
USED AS A WITNESS.
Called to the Stand by the Pros
ecutiOn.
Charity Ewing Case Is Rehears-
ed in Court.

The Coney libel case is progressing
slowly in district court, only one wit
ness having been through the mill up
to O'Clock this afternoon At IL
O'Clock, court was adjourned while the
attorneys took the deposition of A H.
case. the veteran lawyer, who is con-
fined to his home with serious illness.
The only witness on the stand this
morning was W. A. Morgan. depart
ment commander, and one of the de-
PENDANTS in the case. The introduction
of Morgan as a state witness was ac-
complished by County Attorney
Schenck who moved to dismiss the case
as TO morgan, for the purpose of using
him as a witness against the others.
wish to make a statement to the
court" said Mr.. Morgan. You may
do So" replied the court, and Morgan
said:
Six months ago warrant for my
arrest was issued upon complaint OF P.
H. Coney while I was a candidate be-
fore the department encampment for
department commander. In due time [
surrendered myself to the proper au-
thorities. That fact was sent broad
cast over the state, and there appeared
at intervals, sensational articles under
harlng headlines in which 1 figured as
d criminal, Illuminating me and inter-
fering with my duties as commander of
this department. Therefore, ] insist
upon being tried in the court and by a
jury, and if L am acquitted, 1 Want a
jury to do it-I don't want the county
attorney who is prosecuting me to set
me aside as a matter of charity
Judge Dana replied that the county
attorney had the right to dismiss, and
that the court had no right to in
terfere
county attorney is allowed to stand"
said Mr.. Morgan, cit will leave me
liable to the suspicion that I purchas-
ed my discharge, and be one more of
the many vindictive movements made
by p H. Coney to injure me and my
comrades, and to set me right, 1 ask to
have my protest to being discharged
before the case was ended and verdict
rendered by the jury
The court assured Morgan that he
would have that privilege, and Morgan
was sworn as a witness for the state.
He admitted that he told reporter in
Kansas City during the encampment,
that part of the charges against Coney
were true and could be proven. In the
cross examination three pages of the
report of the national encampment at
Denver were read, wherein it was
stated that Coney had been court-mar-
tailed and dismissed from the G. A. R.
The principal witness of Thursday
WAS OuuS6 Il. .. L cry. WIlOs
years ago, was appointed administra-
tor for the estate of Charity Ewing
the colored soldiers widow named in
the "Coney of Kansas" circular.
Judge Ferry,s testimony showed
that in 1894, after he had been ap-
pointed administrator for Charity
Ewing, he sought an accounting with
Captain Coney, who has been her
legal legal advisor and business man
ager for some time Coney turned
- l., H,,e
ness ventures and admitted to the
witness that he owed Charity Ewin g
about $100. Later Judge Ferry dis
covered that Coney owed her some
suit against Coney to collect the
sum. Five hundred of this. admitted
to be the money belonging to Charity
Ewing, had been loaned on a note to
General j. K. Hudson. who gave a
mortgage on three Highland Park lots
as security. and the remainder to
one Meyer Myers on similar security.
1t appeared, from the testim ony, that
Captain Coney had assumed these two
notes in his own name for collection,
the widow. Judge Ferry testified that
he did not see anything crooked in
Coney's actions.
In the "Coney of Kansas circular,
the subject of this prosecution, Coney
is charged with having robbed" this
The next witness heard was Captain
J. S. Collins, custodian of the state
house, who testified that Ed G.. Moore, !
one of the defendants, had previously
Captain Coney's honesty, |
stating that he was unfit for the posi-
ton of department commander of
Kansas.
w. l.. Roney, one of the old soldiers
whose name appeared as signatures to
the "Coney of Kansas circular" testi- |
fed that his name was appended with
out his knowledge or sanction. and |
document. S. H. Hamilton of Barton |
name was connected with the circular, |
testified that he knew nothing of the |
circular until a copy of the same was |
mailed to him from Topeka. Hamil- |
ton refused to stand on his constitu-
tional rights. although there was a |
chance of making him a defendant |
and told his story. Tillotson. attorney
for the defense, objected to Bamil- |
tons testimony on the grounds that |
Hamilton was an attorney for E. G.. !
Moore, one of the defendants cited in |
he case. The court ruled that HamiI- |
ton was the best Judge of this ques- |
lion. and unless he desired to take /
advantage of the constitutional pro- |
.ection, he was qualified to testify.
1t was $40 o'clock and grown dark |
when the case was adjourned to 9 |
o'clock this morning, when the taking |
IF testimnoy was resumed with Hamil- !
ION on the stand.