The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-02-08
Convicted Clothing Merchant
Says Creditors Prosecuted Him.
RACE HATRED IS CHARGED
Claims Trial Was Unfair and
Jury Misunderstood the Case.
Papers Lost and Time Denied
in Which to Prepare Defense.

George S. Badders. Of the late Bad
ders Clothing company, recently con-
victed in the federal court for misuse
of the mails, after consistently oecii"-
ing to say anything for publication
from the very beginning of his trou-
bles up to the present time, mas pre-
pared a statement of his side OF tne
case for publication He charges pei
secution by Hebrews. claims the jury
which convicted misunderstood '"a''
that the loss of records hurt his case
that he was bounded by government
Detectives. and that he had 5ustl1lca-
ton for all he had done. The state
ment follows:
IT want to protest my innocence OIL
the crime 1 am charged with anu pio-
test against the trial through whlch
hove Iust nassed. In the first place,
let me saw that few merchants can
have bankruptcy proceedings lieu
against them and their stocks OF neI-
chandise sold for from rs to So cents
on the dollar and then pay tnelr
creditors in full; in otner Wolus
creditors can make perfectly solvent
business absolutely insOlvent in TINS
manner. and if merchants are not al
lowed to protect their business against
such disaster by the giving OF notes
or other security as I did. then every
merchant is at the mercy OF tnese
wholesale houses and is subject TO
ruin and imprisonment anu 10 De
dealt with as I have been
NO Guilt Shown.
."rhe letters in my indictment are
perfectly innocent and constitute no
crime Of themselves. They are let
tiers such as every merchants writes
every day in his life. In eacn OF
these letters in my indictment liIe
goods were not shipped in response
10 same or the amounts were not due
at the time of the filing OF pro"
ings in bankruptcy against me ana the
restraining order preventing me Iro"
paving for the goods ordered In the
letters mentioned.
in their minds) say that merchant did
not intend to pay for goods not yet
due when bankruptcy proceeding
and restraining order prevented MIN
from making such payment! III the
answer be yes. then every merchant
Is liable to the same summary process
melted out to me.
1.-The evidence in my case SHOWS
that at the age of 20. without any ex-
perience in the clothing business.
bought this stock for 100000 and as
sumed liabilities OF $4,000 and In SIX
in merchandise and paid the entire
Indebtedness in full The evidence
further shows that my 1913 sale was
put on by the same sale managers
with the same Sensational advertising.
with the same instructions as to not
selling any goods below cost. with the
same purchase of cheap goods. and in
I'LL respects conducted exactly the
same as the previous sale.
Second Sale Light.
1.-THE 1913 sale fell far below my ex-
pectations. Merchants OF all kinds
and particularly in the clothing bust
ness. because of the warm fall. SUI
fered a heavy loss in their business in
the fall Of 1913. But even though my
sale did not come up to my expecta-
lions and the cash receipts were not
nearly so large as before. nevertheless
] would have been able to sell the
$4,000 increased capital or borrow
ed the amount on this $4,000 note if
the dangerous illness Of my wife, who
gave birth to our baby daughter Janu-
AIRY !, 1914. and who was at the point
of death for several days previous and
subsequent to such date, had not
wholly taken my mind and attention
from my business from about the mid
die Of December, 1913. to the middle
Of January, 1914, and even without
this $4,000 note my business never
was in an insolvent condition up to
Of merchandise for less than so cents
on the dollar.
Jury Did Not Understand.
1.-The April 80, 1913, statement of
my business handed me by the dis
trict attorney was correct and show
ed an impairment of the capital stock
Of less than $1,000 from the previous
year. AS matter of fact. there was
no impairment Of the capital stock al
the date Of the statement. Quite the
contrary. But under my system OF
bookkeeping 1t would show that way
until the books were balanced at the
end of the year. In other words. even
on the face Of this statement my as
sets in May 1913, were more than
$4,000 greater than my liabilities and
the district attorney apparently did
not understand this statement for he
said to the jury that 1 was insolvent
at this time when. according to his
own evidence. my assets were over
$4,000 more than my liabilities. His
statement was believed by the jury
who never looked at the written state
ment itself, and was very prejudicial
to me: in fact, 1 have since been told
that this Misunderstanding Of the
facts was largely the cause Of the ver-
dict against me. The next month
June, after the above statement, show
June OF the preceding year.
No Commercial Club Shortage.
1.-The insinuations or statements
thrown out about the manner Of my
connection with a paving claim and q
corporation tax law in the legislature
and shortage of my accounts a
secretary Of the Commercial club
were not substantiated. and indeed
could not be. by any manner of proof
by the government and were hi9hly
preJudicial to me. Justices Mason
and West testified that they knew OF
the paving and corporation tax mat.
ter and 1t did not affect their opinion
of me or the high regard in which
they held me. J. Will Kelley's state
ment following this article refers to
the charge Of shortage in my &C
counts as secretary Of the Commercial
club.
THE statement in the closing arRu-
ment of the prosecution that the sales
receipts less disbursements ahov,C