The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-21
BONE CALLED" HIM
L. s. District Attorney Placed Appeal
to Reason Editor Before jury.

Fred D. Warren, editor of the APP
peal to Reason and recently indicted
for misuse of the mails, has the dis
tinction of being the first Kansan who
was ever permitted to appear before a
federal grand jury and present his own
case The esta blishment of a new
precedent in federal court procedure
came at the request of Harry J. Bone,
United States district attorney, after
Warren had used the entire first page
of his paper in an open def to the fed
eral prosecutor.
It was a stormy session that result
ed in the Indictment of Warren and
his fellow publishers The Indictment
followed the Girard mans recent con-
victiOn in the federal courts and sub
sequent pardon at the hands of the
president Before the grand jury was
called, Bone was summoned to WASH
ington, where he discussed the War
rem charges with George w. Wicker
sham, attorney general. Then Bone
came to Kansas and went to work.
An agreement had been reached by
the federal officers that an Indictment
would be asked on the publication of
one of Warren's recent articles IN
which he told many unpleasant things
about the management of the federal
penitentiary at Leavenworth. Before
the meeting of the grand jury. Warren
received a ''hunch'' that he was to be
the subject of an investigation.
The week before the hearing, War
=
the Socialist publication in a review OF
the probable action of the jurors. he
said the jury would be in the hands OF
the district attorney and defled Bone
to give him hearing. From all APP
pearances Warren had had his inning
and the proceeding would be conduct
ed lust as the government carries on
other criminal Investigations only
Bone knew otherwise.
After Bone had closed his statement
before the grand jury. he produced the
copy of the Appeal TO Reason IN Whlcn
Warren made his attack He read ire
entire article to the jury and told them
they could take such action as they de-
sired After a conference. the jury sent
far Warren. 1t was agreed that Bone
was to notify Warren and his attorneys
of this action
At the hotel that day Bone told war
rem and Attorney Shepherd of the action
The editor and his lawyer wanted 70
bring witnesses and attorneys before the
Jury. When they were informed that the
i1Irv asked for only Warren, there was j
word conflict between the lawyers that
is said to have resulted in Bone passing
the fighting word to Shepherd
That afternoon Warren appeared be-
fore the grand jury An Indictment had
been asked only against Warren: AFTER
the Girard publisher had flnished MS
statement a juror asked If the owners
and fellow editors had put the O. K on
the article Warren wanted to personally
assume the responsibility for his charges,
but admitted that the other edltorS knew
of the story. Then bills were returned
against both Warren and two fellow pup
fishers
7 am rather anxious to know; Bone
sai5 today. as he laughed at the joke
which had been sprung at the expense OF
the Csirard editor. IF Warren really ap-
preciates the consideration and privileges
which he received; and l think I will
read this weeks Appeal with more inter
est than usual
In the meantime the Appeal TO Reason
publishers are under bond to appear in
the federal court and answer the charges
which the grand jury returned-after
hearing both sides of the case.