The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-02-08

statement to the jury was highly
prejudicial to me.
Needed Lost Records.
my statement and the receivers
regarding his refusal to let me see
the books and records Of the COM
pany are contradictory but In my
favor because Of his deputy. Mr.:
was refused access even to my per-
sonal property by the receiver. How
ever. it is an undisputed fact that 1
never did see the books and records
them away, and their subsequent loss
by the receiver robbed me Of material
and data upon which my entire de-
Tense rested and such loss was not
made known to me until after the
trial had started and at a time too
late for me to get such secondary evil
dence as 1 might of their contents for
my defense. This loss and my in
ability to get secondary evidence az
stated was perhaps more prejudicial
to me than any other of the matters
mentioned.
II interested fifty Of my Topeka
friends in my business for their quiet
matter Of pride 1 gave their names to
Mr.. L. N. Stein. president OF the
Stein-BlOch company, in personal
and confidential letter to him and to
no other living person and the state
ment that 1 gave these names to east
ern houses for the purpose of obtain
ing credit is foolish on its face, is alb
solutely false. was not proven by the
evidence, and pretudiced the jury
Of stock and as such could add MOTH
ing to the credit or financial strength
of the company.
During the trial the attorney for
1 Rsceiy yer Clark appeared with more
pany which he had found in his (the
attorney's) vault. 1 did not have
time to go over these letters properly
and ascertain which ones might be of
service to me and was handicapped in
my defense by reason of this.
The district attorneys questions
and comments regarding my not hav-
ing made personal or income tax
statements and his observations re-
ruptcy hearing where my presence
was not compulsory or necessary and
my refusal to testify in a preliminary
hearing before a referee, whom was
inappropriate in the present trial and
prejudicial to me.
Defense Lacked Time.
had appealed from its adjudication in
bankruptcy of March s. 1914. and to-
gether with my counsel I was kept
busy preparing for hearing which
was held January Is, 1914. The re-
spondents' 165-page brief was served
in the middle OF the week preceding
the 18th and two additional briefs Of
165 and so pages each were served
the evening Of the 18th of January,
one full day only before the hearing.
1t was impossible to properly answer
these briefs at the hearing and my
% l.
a reply brief. Immediately upon our
return from st. Louis, and before my
counsel had an opportunity to pre-
pare the reply brief, the present trial
started and because of the attention
necessary to the matters stated we had
no opportunity whatever to properly
prepare my defense in this action and
because of the lost books and records
I was forced to throw away my constf
tutiOnal privilege and go on the wit
ness stand in my own defense and
even then was robbed Of the strong
contained in the lost books and pa
pers. all Of which were set out in my
application for a continuance of the
trial of this action.
Claims Fund to Prosecute.
II believe 1 ought to have been al
lowed to show that my creditors had
contributed to a large fund for my
prosecution as touching their credi-
bility as witnesses against me and also
to show the whole scheme Of these
creditors and that this criminal pros
ecution was pushed by them primar-
lily for the purpose of obtaining evil
dence to use in their civil action
against me. That this is true is evil
denced by statements made by the dis
trict attorney and others Immediately
following my testimony to the effect
that now they had made me testify
they could recover the money paid to
certain creditors and this will be
abundantly proven by subsequent
events.
ANY American citizen is entitled to
fair and impartial trial at the hands
OF twelve Of his countrymen, and any
defendant ought to be given a proper
opportunity for the preparation of his
defense in a criminal action. the re-
suit OF which may forever rob him Of
his life and liberty and cast a stain
upon his name and those bearing 1t
which only eternity can erase. The
United States government is too big
and broad and just to tear away from
that most sacred Of American institu-
tions-the hOme-the father, hus-
band and son from those who are de-
pendent upon him for their material
support and happiness without giving
him every opportunity to properly
prepare his defense.
INSCRIPTIONS Millionaires.
"Unscrupulous millionaire creditors,
aided by their attorneys eleven at
torneys having appeared in various
capacities on behalf of the govern
ment). have actively and openly by
their presence in court and otherwise,
assisted in this prosecution and per-
secutton of one who claims his in
nocence of the crime charged.
No man ever had q more unfair
trial. The district attorney knew he
did not dare give me an opportunity
the government had no case IL [ was