The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-08-23
The MOunDayS Held in $4,000
Bond.
Federal Grand Juries Will
Investigate.
USE OF MAILS
hat Is Charge They Must
Face.
Last Day of Hearing Brought
Out More Letters.

LeaVenWort1. Kan, aug. @o--Ine
first round in the fight to send Don A.
MounDay and wife to the federal pris-
on on a charge of fraudulent misuse of
the mails was concluded late Friday
afternoon when United States Commits
sioner Lee Bond held both of the de-
fendents for investigation before the
federal grand juries, increased their
bonds and declared that the evidence
at the preliminary had been sufficient
to furnish a strong belief in the guilt
of the defendants. Bonds of each of
the defendants were fixed at $1,000. Be
fore the preliminary the bond of Noun
Day was $4,000. while that of his wife
was 81 900.
Mrs. MounDay showed for the first
time during the hearing the nervous
strain under which she has been work
ing when District Attorney Fred Rob-
ertson asked that the bonds of each
of the defendants be increased to $10,-
900. The protests of the defendants
own counsel was not alone enough to
satisfy the .7oman defendant in the
case and she herself pleaded that the
bond should not be increased.
II am not going to run away, Judge
Bond.'' said Mrs. MounDay in highly
excited tone This thing is absolutely
as we have represented it and will be
here for trial-you can depend on that.
] will be here without any bond and
Mr.. Robertson is not right in the atti-
tude he has taken"
But Commissioners Bond thought a
bond would be a good thing. He was
at first inclined to increase the bond
of Don A MounDay to $1,000. but to
leave that of Mrs. MounDay al the
original figure, 81 900. Only on the pro-
tests of the district attorney who ar
gued that the evidence connected Mrs.
MounDay with the alleged fraudulent
use of the mails in manner as strong
the connection of MounDay himself.
did the commissioner consent TO raise
of the bond for the female defendant.
Both defendants will be held for in
vestigation at the hands of the grand
jury in Leavenworth in October. In
event a true bill is returned against
them. they will be held for trial in To-
peka in November.
The closing hours of the preliminary
were marked by numerous conflicts
and wars of words on the part of d.
r. Hite and Harry ]. Bone. lawyers
for the defense, and Fred Robertson.
United States district attorney. Fol-
lowing battles over the interpretations
of the federal statutes, the defense
called Robertson to the witness stand
and for thirty minutes examined him
as to his personal knowledge of the
truth of the charges against MounDay
and his wife at the time he Swore to
the complaint for their arrest. If Rob
ertson really had any personal knowl-
edge of the guilt of either MounDay or
his wife, he was able to retain the
knowledge and was not compelled to
divulge his information in open court.
Twice Robertson received solar
pieXus blows when d. r. Hite of de-
PENDANTS counsel adroitly blocked the
Introduction of testimony regarded rs
especially damaging to the defense.
Once Hite blocked Robertson's
progress with the examination OF
af-aS
Shawnee county, who was called TO
testify regarding the taking of Noun
Days testimony as affecting the value
OF the half million dollars in securi-
ties held and advertised by the sugsr
company, but which were not listed
for taxation. Again the government
received a shock when Hite prevented
the introduction of the MounDay af-
fidavit, presented in the supreme
court. Both bits of evidence were re-
jected on the grounds that the testi-
mony was eliminating and having
been taken in a judicial procedure in
federal statutes, be used in evidence in
q criminal prosecution.
Those MOunDay Letters.
w. z. Goodall of LaJunta. Colo,
was one of the important witnesses
fo- the government during the closing
days session He identified many let
ters sent to him both by MounDay and
his wife and visitors in the courtroom
Regarded dOOOdll ) testimony as most
dangerous to the cause of the Noun
Days and their interests.
Time after time Goodall identified
letters sent to him by the officers cf
the American Sugar Manufacturing d.
Refining company in Topeka and
these letters went into the records as
d part of the governments case TO
prove an attempt to deceive innocent
investors in the New Mexico project.
Strenuous objection was made TO
Goodalls identification of letters sent
to, him by MounDay and his wife
Counsel for the defense sought to dis
qualify the testimony by inquiry as To
1nhether he was intinidated hv The