The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-20
STATE ENDS CASE
Rests After Session Marked by
Rows Among Lawyers.
Harry Bone Chief Witness of
Morning Session.
WILCOX CALLED ON HIM
Told Him of Trouble and
Told Him of Trouble and
Pleaded for Black.
Harper County Sheriff Tells of
Talk With Wilcox.

The motion was made this morning
| but not passed upon until early in
| the afternoon session.
The state elected to convict upon the
! publication of the libel made to r. w.
Eaton in Topeka.
The other publications alleged were
made to H. j. Bone at Fort Scott,
| E. r. Simon at Topeka and Rev. Mr..
Rulison at Council Grove.
The defense then moved that the
state be required to elect upon which
affidavit conviction would be asked.
The motion was sustained.
The state elected to convict on the
affidavit of Leta Foster and Mrs Char
lctte Thomann.
The attorneys then began argument
of motion to instruct the jury to
bring in a verdict of mot Guilty for
H. c. Ericsson, e. c. Wilcox and Corey
Black, the three defendants on trial.
The motion to instruct the jury to
bring in acquittal verdicts for the
three defendants was overruled by the
court.
Then in rapid succession and with
oratory on each motion by both sides
the following motions were made and
overruled:
To strike out the evidence of ST.
mon and Bone.
To strike out the original aff1davits
made by Medlock and Ericsson.
To strike out the telephone tickets
from the evidence.
Following this a half hours recess
was taken following which the defense
began stating its case to the jury.
Today's hearing of the Gillett crimi-
nal libel case was marked by fiery eX-
changes of oratory and repartee on
the part of attorneys both for the state
and defense and a. bitter contention by
the defense to compel the state to rely
on a specific publication of libel against
the Kingman jurist. AT II O'Clock the
state rested.
Irritable and peevish because of the
long drawn out trial, the many delays
and bitter conflicts, the lawyers today
opened wide their flood gates of oratory
and at least kept the crowd in the
court room in a state of nervous ex-
citement. 1t was after the completion
of the testimony of Harry ]. Bone
United States district attorney, that the
state announced that it had made it;
case. Then came motion to compel
the state to elect as to an individual
publication. To this the state filed :
most stubborn protest and the lawyers
cIashed as to the Interpretation of the
statutes.
Bone was the states most important
witness at the morning hearing. He
was called to testify concerning con-
versations with Wilcox, Black, Erics
son and Rev. G. L. Rulison in Fol-:
Scott These conferences were five days
prior the wholesale arrests in the hbe
cases and were in Bones room in the
Goodlander hotel, while the attorne.
was attending the May term of the fed |
eral court.
Bone Starts Fireworks.
Have you had any conversation with
Ericsson or Black relative to this con-
troversy?" asked J. N. Tincher, VIII |
conducted the direct examination OF |
the witness for the state.
Yes. At Fort Scott replied Bone |
In
their attorney"
mo
WAS there any application of at
torney and client, or were you to pre-
sent any matter for them?"
None"
Then lawyers for the defense spat
fire. Individually and collectively,
Captain Waters and Major Harvey
tons. 1t was given. Then the de-
Tense renewed their objections and for
ten minutes there was a row that
amused the crowd and kept the court
busy.
''How did they happen to come to
you?' asked the court.
Bone explained that Wilcox came
to him in Fort Scott. wanted him 80
then objected to Bones answer to the
courts question and it was withdrawn
from the jury.
''State that conversation" said
Tincher.
Seeing Him for a Friend.
There were several of Them re-
piled Bone. wilcox came to my Of
ice in the federal building. wanted to
talk to me. but l was busy. He saw
me again and that afternoon he came
said he understood I had witnesses
in a matter that affected
him and wanted me to talk to Mr.
Black and Rev. Rulison. Then he said
7eNI
trouble in the community over his dis
barment proceedings. I can't recall
all he said. In substance he said
Black " ~ Al great friend of his: that
Il on account of a letter that Black
wrote to Gillett. he didn't want him
10 get into trouble, because he had
tried to help him and said he wanted
TO know the facts and me to. Then he
said he wanted me to see Ericsson
and said Gillett had no reason to COM
plain about the letter.
Bone then stated that Black came
% his room. alone
1e had employed Ericsson to look
sfter and ferret out testimony.
asked him if Wilcox put up the money
ind he said he did not, that he was not
himself He then told me that as a
-esult of Ericsson's investigation, he
-un into matter relating personally
% Judge Gillett. Then I was told of
he affidavits. 1 asked him where they
we're and he said that he had met Will
OK in Harrington. that they had some
o Topeka and turned them over to
simon for investigation. I asked him l
f he had copies and he said he had :
blanks. I then asked to see them. He
,eId them in his hand and let me read :
hem, much the same as Rev. Rulison
estifed to. Then he told me that I
Ericsson could give me the names in {
ended for the various blanks"
Ericsson Told 1t All.
The lawyer then told of an interview !