The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-27
WiIcOx-EricSSOn-BIack Libel
Suit Is Finished.
Only the Verdict of Jury Yet to
Be Received.
MANY SCATHING SPEECHES
Major Harvey Makes a Strong
Plea for Defendants.
III. j. Bone and Simon Make
Telling Arguments.

At o'clock this morning the II jurors
in the Wilcox-Black-E Ericsson criminal
libel case were sent to the jury room
to deliberate on a verdict. No effort
was made to arrive at a verdict last
night and when Harry J. Bone closed
the argument for the state at 6:1S
Judge Whitcomb discharged the jury
for the night
Major A. NJ. Harvey, who closed the
argument for the three defendants
made one of the most impressive and
telllng speeches in the days argument
OF the sensational case. For nearly two
hours Harvey pounded holes in the
states case. From dozen angles he
attacked the evidence of the prosecu-
ton and contended that no crime had
been committed.
In his argument, Harvey urged upou
the IL men that there was no malice on
evil intent in the heart of Detactivs
Ericsson when he presented tbe aIIooed
lbelous affidavits to r. W. Eaton n
Iopeka notary. He declared that VIII
cox and Black could not possibly he
connected with such a transaction and
@ enat the evidence showed they acted IN
good faith without an intention of in
Juring Judge Gillett
Ihen Harvey turned his attention "a
tne newspaper reviews of the case AZ
the tlme the complaints were made. He
argued to the jury that Judge C5ilIert
himself had displayed maIice and u,
VIII when he permitted the publication
OF the affidavits, which are the founda-
tion OF the prosecution and thar tbs
JuFlst gdt encouraged the circulation of the
oe1amatory matter when he permitted
the use of his own picture in connecttor,
Win accounts of the transaction.
Mrs. Black Excited.
Harvey followed County ATTORNEY
SIMON, who for As minutes Reviewed
tne IeNiuehce or both the state and de-
r9a'lt renodn1s; IT'S, he drove home his argu-
Hnent menu with such effect that he called
Iorth the indignation and wrath of
MRS. Black-wife of one of the defen-
oants-who charged Simon with un-
cussion of the case
. Ihen simon took up the personal
charges of Capt. Joseph G. Waters
Inc prosecutor told the jury he had
no apologies to offer for his action in
the case, that the evidence showed
one of the most vicious crimes in the
history of the county had been COM
mltted in Topeka and that the purse
SIIrings sIg OF the county would never be
closed to justice in such cases. He
arraigned the defendants for bad
1a1th when they presented him with
copies of the affidavits and asked for
the arrest of Judge Gillett on a Grim
1nal charge. 1t was in the course OF
Slmon'S sarcastic remarks concernina
Black that he called forth the wrath
of the defendants attractive young
wife
Harry ]. Bone, who closed for the
state, was relentless in his dealing
with the defendants. With dramatic
effect, he referred to ''the line up
in the case and challenged the sin
cerity and good purpose of the defen-
dants. He met Major Harveys SYM
pathetic plea for the wives of the de-
PENDANTS with the most cutting critf-
cism of the women's treatment Of
Leta Foster when the girl told her
shame from the witness stand. The
women laughed once when the girl
told her story.
Denounces Mrs. Thomann.
''day God forbid" said Bone, as he
suddenly turned on the defendants
and their wives, may God forbid that
any of you may be so unfortunate az
to leave to this world a young girl
whose circumstances are such as those
of little Leta Foster and that that girl
must tell her shame before such an
audience as this
To Charlotte Thomann, Bone directed
his most blistering denunciations. He
referred to her IN bitter terms. and on
the woman Bone shouldered the stain
of the Foster girls sorrow. Mrs Tho
mann left the court room in the course
of Bones arraignment, but she re-
turned before the argument was con-
cluded With their faces pale and
colorless, the wives of the three de
PENDANTS sat through the district at
torney's plea for "a verdict that meana
something. Again Mrs Black gave
way to her feelings and declared that
Bone was unjust, but he never stopped
For five minutes at the close of his
talk, Bone pleaded for verdict against
the three men,
ITS an easy matter" Bone told the
jury, Ito convict the poor, defenseless
and friendless man who finds his way
to this court. But with the man with
money and influential friends it's differ
ent. The people demand a verdict I'm
this case that means something and
will stand as a monument in this coun-
ty. l want an honest verdict and one
for which you need offer no apology"