The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-17
Big LIBEL SUIT ON.
CONTINUED from Page One,


To the jury Simon told of, the visit
OF wilcox and Black to his Office in
the court house, following an inter-
view at the National hotel At the
MOTEL the three defendants had turn
ed the affidavits over to the proseclI-
tor with a suggestion that he act at
once and issue warrants for the i'm
mediate arrest of Judge Gi1lett on a
charge of causing the ruin of II year
old Leta Foster.
AT the close of this interview,
said Simon, Ericsson put his hand
on my knees and said, you can go
right ahead. I'll furnish the evidence
to get a conviction in this case You
Black seemed to take a livelier inter-
est in the proceedings. Wilcox told
me that people who knew Judge Gill
lett would not be surprised at the ma
ture of these charges He said that
people in his district knew the judge
as a woman chaser and that they
had the goods on him.
After the affidavits were turned
over to the prosecutor, Simon began
an investigation of the case. Then he
learned that there was the possibility
of a frame up" on the part of some
one. Black and Wilcox, together with
the detectives, had been subpoenaed to
appear before the federal grand jury
In Fort Scott concerning this same
case. Things began to look squally.
After their repeated demands for the
began to fudge Simon told the jury.
They went again to the county attor-
ney's office and requested the return
of the affidavits. Under a pretense of
investigating the case, Simon refused
to turn over the papers. Then Judge
Gillett came to Topeka. New light was
thrown on the case and just six days
quested and demanded the arrest of
the Kingman judge, the men them
selves were arrested an chargest of
criminal libel.
Says Wilcox Was Prosecuted.
The attitude of the defense had
been anticipated at noon by ATTORNEYS
for the state. In his examination of
Jurors today, Capt. Waters intimated
that an effort would be made to show
that County Attorney Wilcox was be-
ing prosecuted in an effort to block a
persistent crusade against Barner
county jointists. This was the only
line of defense which Waters display
ed in his early maneuvers in the case.
he told the jury that the evidenced
would show that this prosecution of
JointiStS was the cause of the disbar-
ment suit filed some months ago in
the supreme court and was followed
by the criminal libel action in Shaw
nee county.
The attendance this morning was not
large. A heavy rain kept many per-
sons from the court house and it was
hardly expected that a jury to try the
case would be selected before night. |
From now until the close of the case if
is anticipated that the crowd in the
court will tax the seating and standing
capacity of the room.
In case the testimony of County At
torney Simon is completed in time,
TWO employees at the National hotel
will be called this afternoon by the
state They are Laura Bender, house
keeper, and Joel Brown house man
at the hotel Their testimony will
q nn1 ~ H.
Judge Gillett's room the morning of
January 3O-when he is said to have
been seen in company with Miss Fos-
ter-and that Miss Bender and Brown
visited the room. In the room at that
time-8:30 in the morning-wasI
Judge Gillett and Dell Travis Both
We're in bed.
May Prove an AIibi
Th1s testimony is regarded as especially |
important by the prosecution, as it throws !
around the Kingman man an alibi that |
refutes all the stories in the four affi- |
dayits ,; Aa,eGeordings to the charges against
ladies' parlor of the hotel shortly after z |
O'Clock the morning of January 80, in |
Ericsson and Medlock saws the couple |
together. Medlock fixed the time at |
earlier than O'Clock and swore that he
saw Miss Foster enter the judges room.
Following the stories of hotel employees, |
Judge Gillett himself will be called to
the stand. His examination-especia |
OI lAS part Oh the Q0IeHSe-W1Il prODaDlY
be at great length. In event the hotel |
employees are not called until late in the
stand until some time tomorrow.
The Jury.
Jurors selected to try the case are: J. |
T. Brady, w. P. Bishop, James Stephen |
son, G. t. Ireland, A L. Stratton, ]. A. |
tanning. G. W. Allen, w. E. Fitzgerald !
c. H. Foley, w. S. Warnock, w. W. |
Wooley and J. E. Morgan. The majority |
of the jurors are old men, At least half |
of the number retired farmers. All !
are married and heads of families. Attor-
neys for both the state and defense ex- /
pressed satisfaction with the jury as Sc !