The Topeka state journal. [volume], October 15, 1900, LAST EDITION, Image 1

About The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980

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LAST EDmOM.
MONDAY EVENING.
TOPEKA, KANSAS. OCTOBER 15, 1900.
MONDAY EVENING.
TWO CENT
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MEN MUST GIVE I
Coal Barons Declare They Will
Not Yield.
Proposition of the Strikers Will
Be Rejected.
WILL NOT EVEN LISTEN
If It Conies From the Organized
Body.
Arbitration is Wholly Out of
the Question.
Wilkesbarre, Pa., Oct. 15. Operators
who were interviewed last night and
asked what are the prospects of the an
thracite strike being settled said the men
can return to work again as soon as
they accept the offer of the companies
to increase their wages 10 per cent. Offi
cially they do not know of any overtures
by the strikers for a settlement on any
other basis. They have read of the ac
tion of the convention at Scranton, but
it was a convention of United Mine
Workers and they do not and will not
recognize the union.
Their, first official knowledge of any
proposals by the strikers will be when
the men of each company, represented
by a committee call on the officials of
the company and declare the men have
agreed to go back to work if the operators
will grant their requests, and then they
will submit the resolution of the conven
tion as their proposal for a settlement.
This is the only way in which the op
erators will receive any communications
from the men. These probably will be
made today and the operators will re
turn the answer that the men can either
accept or refuse their offer of 10 per cent,
us it was made on October 2 and after
ward, and as it has remained since un
changed. Several of the companies have made
no offer of any increase and what an
swer they will return is doubtful. The
proposal of their employes wiil have to
be differently worded from that of the
others as it wiil bind the men to return
to work providing the operators grant
what the convention specified. High in
mining circles the end of the strike is not
expected for some time and then only by
the men giving in. The operators will
stand by their first offer and say they
will not increase it. Superintendent
Lathrop of the Lehigh Valley company
said:
"The operators will not agree to con
tinue the pay of the 10 per cent increase
for any fixed time. The other demand,
abolishing the sliding scale, does not ap
ply to this region although the Lehigh
Valley company has some collieries in
the Lehigh and Schuylkill region which
pay by that system. Here the men are
paid by the car. The operators say,
however, that the question of the slid
ing scale was not discussed at any meet
ing of tne operators and it is impossible
to say what they would do about it. The
impression is that the operators would
not object greatly to trying a new sys
tem of payment.
"As to arbitration, the operators are
utterly opposed to it and will refuse it
in any form. They are willing to take
up any grievances with their men, but
they have always been so and this is no
change. Markie's experience with ar
bitration, they say, has shown them the
folly of trying it, because it is altogether
one sided. Despite the fact that each of
Markie's 2,000 employes had signed a
contract to submit to arbitration any
grievances they had, they all went on
strike at President Mitchell's order
without attempting arbitration. The op
erators declare an agreement to arbi
trate would be binding to one side only;
that they would be held to it and the
men wo'ld not."
MINERS ARE HOPEFUL.
Shamokin, Pa., Oct. 13. Not a colliery
resumed operation in this portion of the
coal region this morning. While miners
generally think the terms of the conven
tion will be accepted by operators and
coal carrying companies, operators here
abouts insist that so far as they are
concerned they will not unless forced to
by the coal carrying companies, sign an
agreement to pay JO per cent advance.
The Shamokin ana Mount Carmel dele
gations returned from Scranton last
night. George Hartlein, secretary of dis
trict No. 9 made this statement:
"The terms, I believe wiil be accepted
by operators giving their approval
through newspapers and notices posted
about the collieries. Miners will not go
to work until President Mitchell de
clares the strike off officially. Big dem
onstrations will be held throughout the
region on the day previous to work be
ing resumed. I think the collieries will
be working before next Saturday. The
companies will take up the grievances
with their own employes and redress
them while work is going on."
FIFTH WEEK OF THE STRIKE.
Hazleton, Fa., Oct. 15. The fifth week
of the coal miners' strike opened quietly.
The few collieries that have continued
in operation since the strike was inaug
urated are working as usual today with
the same number of men they had in the
mines last week. Not oi-.e of the col
lieries, however, is working full handed.
The Cranberry mines of A. Pardee &
Co. have mare mun at work than any of
the few other mints still in operation.
The company claims to have more than
half of its men at work.
Two crowds gathered this morning,
one at No. 40 shaft of the Lehigh Valley
Coal company in this city and the other
at the Cranberry mine on the outskirts
of the town, but they dispersed before
daylight without causing any trouble.
The march planned for this morning
to the Panther Creek valley whefe a
majority of the mines are still in opera
tion was called off on account of rain.
President Mitchell will return from
Scranton this afternoon.
APPEALS FOR HELP.
Want and Ruin Follow in Wake of the
Strike,
New York. Oct. 13. A Herald special
from Hazleton, Pa., says:
Want and ruin have followed in the
wake of the strike in the anthracite re
gion. Families who lived in comfort
while the mines were in operation non
feel the pinch of privation and the bare
necessaries of existence seem like lux
uries; business men upon whom prosper
ity had smiled, have been brought to the
verge of bankruptcy: thriving towns
have become stagnant, casual travelers
have forsaken them and newspaper cor
respondents and labor leaders constitute
the most important element in the float
ing population.
Xiie production of coal constitutes the
sole industry of this section. There Is
no farming in the neighborhood of col
lieries. The land is rocky and barren. It
has been stripped of timber, and stunted
pines.oaks and underbrush straggle over
hill and dale. Vast breakers are scat
tered about, each one supporting a, set
tlement of miners with shabby cottages.
Enormous culm banks show how great
the underground work has been. There
are miles of subterranean passages in
mine sthat have been in operation for
half a century and in which the supply
is expected to last for three centuries to
come.
When President Mitchell's order for a
strike went into effect four weeks ago,
every mine in the Lackawanna and
Wyoming valleys came to a sudden stop
and work was suspended in many parts
of the Schuylkill and Lehigh districts,
leaving only the comparatively small
Panther Creek section in full operation.
Since then the missionary efforts of
organizers of the United Mine Workers
have resulted in the closing of the ma
jority of the remaining collieries, the
neighborhood of Tamaqua alone escap
ing. Strikers who had some little money
on hand for an emergency have cut
their living expenses down to a mini
mum, buying nothing but food, and lit
tle of that. In many instances they are
able to obtain some credit from local
dealers, but the bills cannot run very
high.
Merchants who had large orders out
standing when the strike began. prompt
ly cancelled them, refusing to make pur
chases until the trouble ended. Commer
cial travelers, usually the best patrons
of the hotels, changed their routes, aS
they could sell nothing in the coal re
gions. The theaters have been unable to
attract audiences and many of the best
attractions that had been booked can
celled their dates, to the further detri
ment of the hotel keepers.
As there was little coal to be hauled,
the coal railroads had to lay off the
crews or most ot their coal trains. There
are actually in the enormous yards at
Mauch Chunk, several hundred coal cars
which under normal conditions should
be scattered on railroads from the At
lantic to the Pacific. In many towns it
is now impossible to obtain coal for do
mestic use at any price. A prominent
resident of Mount Carmel,' who did not
take the precaution to lay in a supply
says he could not buy a ton. The in
convenience of having to depend upon
kood fires will be appreciated by every
householder.
The stagnation of trade here, is of
course felt by the manufacturers and
wholesalers of the eastern cities, who
furnish the supplies, and as the mer
chants can obtain no cash from their
customers, they must appeal to their
creditors for leniency. Appeals are be
ing made to the United Mine Workers
organization for funds for the relief of
destitute strikers, who can get no credit.
SAVED.
Capt.Shields and Party Rescued
From Filipinos.
Washington, Oet-15 The following ac
count of the rescue of Capt. Shields and
his command from the Filipinos has
been received at the war department:
Manila, (no date) Adjutant General,
Washington. "Information from Mar
induque just received that Capt. Shields
and 48 men, company E 29th regiment
United States volunteer infantry; two
corporals company C, 29th regiment, one
civilian, American negro prisoners in
hands of insurgents have been turned
over to Gen. Luther R. Hare. More par
ticulars soon giving names killed and
wounded. MAC ARTHUR."
B LKTOX AND GRIMES.
Sixth. District Politicians Here to Dis
cuss Them.
Several Sixth district politicians spent
Sunday at the Copeland. They were
here in the interests of Burton's candi
dacy forfthe United States senate and
also to discuss the Grimes case. During
the afternoon they went in a body to
the state house and talked the situation
over. Those present were: Cy Ander
son, receiver of the Colby land office;
Robt. McGonigal, postmaster of Colby;
Frank Lockard, postmaster of Norton;
J. C. Brown, of Norton, who was a free
silver Republican in 1896. but is a Burton
boomer this year; J. R. Burrow, a Smith
Center banker and late delegate to the
national Republican convention; C. C.
Evans, of Hoxie, treasurer of Sheridan
county, and Geo. H. Case, of Mankato,
Jewell county.
AFTER ELECTION
The Snpreme Court W ill Take
Up the Neeley Case.
Washington, Oct. 15. The supreme
court today granted motions advancing
the Neeley case and the cases involving
the question of the extension of the con
stitution over the Philippines and Porto
Rico to the second week in November.
A number of minor decisions were hand
ed down todav.
CHOKER MAKES DENIAL.
Says Tammany Has Not Given a Cent
to Campaign Committees.
New York. Oct 15. Richard Croker
today emphatically denied the story that
$50,000 had been contributed by him as
coming from Tammany hall to the Dem
ocratic national committee. "This com
mittee has not given one single dollar,"
he said, "to either the Democratic state
or the Democratic national committees.
It is not true." he continued, "that the
dinner for Bryan tomorrow night is to
cost $50 a plate. It will cost $5 a plate."
DEATHS AND FUNERALS.
Alice Virginia McGiffin, the youngest
daughter of Mr. and Mrs. McGiffin of 700
Home street, died Saturday afternoon.
The funeral was held Sunday afternoon
and the burial was in the Topeka cem
etery. Walter Dunlap died last night at his
home. 1254 Harrison street, of malaria.
Funeral announcements will be made
later.
Mrs. Martha A. McIntoh died at the
home cf her son, W. O. Mcintosh, in
Wichita, Friday. The remains were
brought to Topeka fcr burial. Mrs. Mc
intosh formetly lived in Topeka,
Weather Indications.
Chicago, Oct. 15 Forecast for Kansas:
Partly cloudy tonight ar.d Tuesday, with
possibly showers in south portion; cooler
Tuesday and in southeast portion to
night; northerly winds.
GOIMESRECALLED
State Treasurer Again Placed
on the Stand.
Remains Firm in His Assertions
of Innocence.
ANOTHER MISSING MAN.
This Time It is County Attorney
Crura.
Mr. Grimes' Attorneys Want to
Find Him.
At 9 o'clock, the hour fixed for resum
ing the taking of depositions in the
Grimes case, this morning there were
present Attorneys Doran and Waters
representing the prosecution and Mr.
Hite and Mr. Garver representing the
defense.
During the wait Justice McClintock
telephoned Sheriff Cook, who will to
day summon the officers of the other
banks. Fred Freeman responded to a
call by telephone, said:
"I have not been summoned. So I
want to consult my lawyers."
At this moment Mr. Hite said to Mr.
Waters:
"Joe, have you heard from Crum?"
"Have you heard from Willard?" re
torted Waters.
"No-o," said Hite with surprise.
"Where the deuce is Crum?" continued
Hite.
"He is probably chasing Willard,"said
Waters.
"And Crum's associates are chasing
rainbows," said Hite.
"Well, we'll see," said WTaters.
"Between us,"said Judge Garver, "Joe
whom do you represent?"
"The great state of Kansas which Mr.
Godard does not," said Waters.
"But you didn't get that shave you
made so much fuss about," said Garver
to Waters.
"I'll confess false pretenses on that,"
said Waters.
At 9:15 Mr. Grimes and his stenogra
pher arrived. The treasurer was placed
on the stand by Mr. Waters and at 9:20
the hearing was resumed.
"Did you call Willard by telephone?"
said Mr. Waters.
"Yes."
"What day?"
"I don't remember," said Grimes.
"Where was he?"
"At Lake View."
"Did you talk to him?"
"No, I asked him when he was com
ing home. He told me and that was
all."
"What was your reason for calling
him ?"
"T knew that it seemed to be the pur
pose to persecute and ruin me. There
were all sorts of rumors flying around
and I wanted to talk with Willard."
"What did you talk about in your of
fice after he came home?"
"I don't remember."
"What did he say?"
"Nothing so far as his knowledge of
this case was concerned."
"Why did you get the pass for him?"
"Because he had asked me for it."
"Did you ask him when he was com
ing back?"
"No."
"You knew that Willard was a first
class witness for you if you had nevr-r
received money from that bank while
he was cashier?"
"Yes; but I didn't know he was going
to stay away."
"Did you ever have a talk with Wil
lard, Freeman or any one connected with
that bank, even in a 'joshing' wav,
about this money you were to receive?"
"Perhaps I did, but I don't remember."
"Did you ever ask P. I. Bonebrake or
Edwin Knowles, of the Central National
bank, for interest, or a bonus, or gra
tuity?" "No, sir."
"You say without reservation that you
have never received from any person on
earth a cent of money for the use of
this money?" said Waters.
"No, sir; I never have," said Grimes,
with emphasis.
"If money has gotten into your pocket
during this time it was by accident?"
"That's a silly question," said Grimes.
"Well, answer it," said Waters.
"I won't pay any attention to it. Tou
know there's nothing in it," replied
Grimes.
Upon an objection from the defense to
questions concerning the statement al
leged to have been made by Willard
that he was in the habit of paying
Grimes interest at stated periods, Mr.
Waters digressed in another direction,
and closed the examination.
Mr. Grimes on cross-examination said
he did not talk to Willard about leaving
town, and that nothing had Been said
about the alleged interest payments to
Grimes.
Mr. Grimes was excused and Mr. Free
man, -who was accompanied by his at
torney, Cliff Histed. was called.
MR. FREEMAN ON THE STAND.
"Have you ever heard, seen, or par
ticipated; or is there in existence any
record, which would indicate the pay
ment to Grimes of any bonus, interest,
or gratuity?"
"I have not, and there is no record of
any such transaction." said Freeman.
"Do you know of any such payment?"
"I do not."
Mr. Waters here asked Mr. Freeman
to produce the books.
This Freeman did not do, but read a
statement, prepared by his attorney, de
clining to do so. because, as Mr. Free
man said, "it would be an unwarrant
able disclosure and a breach of trust
towards the customers and those en
gaged in business with it, were I to pro
duce or submit its books, papers and
records to general inspection. I am ad
vised that it would be a violation of my
official duties as cashier of the bank
to permit this to be done. I therefore
respectfully decline to produce these
Looks."
"Do you refuse?" said Waters..
"I will furnish you a transcript of our
records showing the transactions .with
Mr. Grimes, the making and payment of
that note for $500, but will not pro
duce the books."
Mr. Waters then stated that he de
sired to see the records to ascertain
whether Grimes had been paid money
under cover cf some item of expense.
Mr. Freeman said this could be done,
but he thought it had not been done.
"Have you some notes of Willard's not
paid, and charged off?"
"Decline to answer that," said Attor
ney Histed.
"That's a fine question?" said Hite.
"Who paid you?" said Grimes.
Waters did not heed the question. 1
"As an officer of the bank, can you I
tell me how we can find out whether
Willard paid Grimes money for use of
the state tunds .'
"I can not," said Freeman.
"Do you refuse to produce the book
or books containing F. E. Grimes' ac
count?" "Yes, sir."
"Do you refuse to produce any part of
it?"
"Yes, sir."
"Will you produce the account of F. G.
Willard?"
"No, sir, I will not."
"No inspection of those books 'Will be
permitted?"
"No, sir."
"I will furnish a transcript
of Grimes' account, and permit Mr.
Crum to verify it, but I will produce no
books," said Freeman.
"Now.if the court please, we want those
books," said Waters.
"I decline to furnish the books."
"What books do you want?" said
Hite.
WILL NOT SHOW BOOKS.
"We ask you to produce the original
discount book showing the making of
the Grimes and Richey note, the books
showing if interest has been paid, and
the book or books showing the Grimes
transaction in full."
"I will furnish a transcript but no
books."
"Will you produce the books contain
ing the account of F. E. Grimes?" said
Waters.
"I will furnish a transcript, which Mr.
Crum can verify."
"Is that all you will do?"
"Yes, sir."
Waters then made another demand
for the books and Freeman again declin
ed, but renewed the offer of a trans
script. WILL MOT PRODUCE BOOKS.
Mr. Waters added to his demand all
letters or correspondence between the
bank and Mr. Grimes, and the records
showing the condition of the business
the day the Grimes note was paid.
Mr. Histed, as attorney for the bank,
stated that the line of examination pur
sued by the prosecution "was an unwar
ranted attempt to explore the business
of the bank and exhibit to the public
the internal affairs and individual ac
counts of the bank. There is involved
here the power of any court to compel
the cashier, as a witness, to bring the
books into court. If this case was be
ing carried on in good faith the prose
cution would accept the offer of the wit
ness to furnish a transcript. Such a
demand as this deprives the witness and
the bank of the constitutional protec
tion guaranteed under the search and
seizure clause.
"The bank is not a party to this suit.
Mr. Freeman Is the witness summoned
by the prosecution. Now, if they de
sire to impeach their own witness, the
additional absurdity appears."
"We desire to amend our demand by
asking for a record of Mr. Willard's
notes," said Waters.
Mr. Hister', who had sat down, quick
ly rose and said:
"You might with equal propriety de
mand that the bank exhibit Mr. Water's
private account. There is where the in
sincerity and absurdity of this case ap
pears. Mr. Willard is charged with a
crime while he is away and can not be
heard. There is neither sense nor law in
these demands."
Mr. Hite offered to submit Mr. Grimes'
pass-book, and said:
"We desire to furnish all the aid we
can towards a complete and exhaustive
examination of the matter, and the rec
ords in Mr. Grimes' office are open to
your investigation at any time."
Mr. Doran said: "We have no dispo
sition to violate the search and seizure
clause of the constitution, nor to cause
Mr. Freeman to violate the obligation
or duties of his office. We think the rec
ords will show the payment of money to
Grimes for interest. We think we are
entitled to the records, and so insist upon
the demand."
Then there was another controversy
as to the whereabouts of Crum and
Willard, which was terminated by the
judge asking for time to look up the
law to determine the attitude which Mr.
Freeman had assumed by refusing to
produce the records.
The -attorneys then suggested an ad
journment until 2 o'clock, to accommo
date the judge, and the hearing was ad
journed. If the court orders Freeman to pro
duce the books, he will again refuse.
If an order of commitment is issued,
habeas corpus proceedings for Free
man's release will be immediately filed
by Mr. Histed. The books of the. bank
will not be produced before Mr. Mc
Clintock. The bank will fight this prop
osition through all the courts before
submitting the records except a tran
script of the Grimes transaction, al
though Mr. Grimes and his attorneys
announced their willingness to have the .
bank records produced. j
EMPLOYED BY THOMAS.
At the opening of the Grimes hearing
this afternoon, T. F. Doran, attorney
for the prosecution said:
Frank S. Thomas, treasurer or tne
Democratic state central committee, is
the man whs employed us to prosecute
this case."
Mr. Doran prefaced his statement by
saying:
"There seems to be considerable
anxiety on the part of the defense as to
the identity of the parties behind this
suit. If it will please them we will pro
duce that man in court here tomorrow
morning at 9 o'clock."
"Suits us," said Hite and Garver.
"In the meantime," said Mr. Hite,
"can't you tell us who it was."
"Yes, sir. It was Frank S. Thomas."
Justice McClintock announced this af
ternoon that he would not be able to give
a decision on the points involved by the
refusal of Mr. Freeman to produce the
books of the bank before tomorrow.
The prosecution offered no objections
to this but announced they would pro
ceed with the examination of witnesses
this afternoon.
MR. WARE TESTIFIES.
E. F. Ware was placed on the stand.
He is a director of the Central National
bank.
Mr. Ware testified that Frank Willard
had talked to him about the banks pay
ing interest on state funds,' but before
Mr. Grimes" term as treasurer.
Objections, as to this conversation be
ing brought into this case caused Mr.
Doran to proceed in another direction.
Mr. Ware testified tnat he had heard
of such payments, but that he had no
personal knowledge of such payments
having been made. ,
Asked what v mard had told him, Mr.
Ware said:
"I prefer, if I may be permitted to act
as my own legal adviser, to not answer
that question because it would only in
jure another person, as "St was told to
me prior to the time Mr. Grimes was a
candidate."
"Upon these grounds we will excuse
you," said Mr. Doran.
CLOSING SCENES SATURDAY.
The Grimes case had rather a stormy
closing Saturday afternoon, owing to a
spirited controversy between the attor
neys for the prosecution and the defense.
The prosecution declined to proceed tin
til Monday morning, stating as a reason
therefor that it was the desire to ex
amine the books of the Merchants' Na
tional bank and to complete the testi
mony being given by F. W. Freeman,
the cashier.
When Mr. Freeman was asked if he
could produce the books and records of
the bank showing the transactions with
reference to making the renewal and
payment of the note signed by Mr.
Grimes as principal, Freeman replied
that the documents were locked up and
that he had failed in an effort made just
prior to responding to the summons to
-work the combination.
"I can not open the vault, but perhaps
I can find the men who have the com'
bination," said Mr. Freeman.
"You can get the books Monday morn
ing by 9 o'clock?" asked Mr. Doran.
"I think so," replied Freeman.
"Upon the statement of this witness
we ask for an adjournment until Mon
day morning," said Mr. Doran.
"Don't let 'em adjourn," exclaimed
Grimes rising quickly to his feet and
crossing the room to his lawyers.
"Make them go ahead; we want to get
through with this persecution," said
Grimes to Mr. Hite, Mr. Larimer, and
Judge Garver, who had by this time ap
peared to take part in the case.
"Before such an order is made," said
Mr. Hite, "I desire to make a statement
to go into the record."
"Proceed, Horatio," said J. G. Waters.
"To an adjournment at this time the
defense desires to object and protest. It
is a delay which we do not want. This
case, as we all know, is one of persecu
tion, and we want it to proceed."
"Is that all you want?" interrupted
Doran.
"W e want you to show your hand," re
torted Hite.
"You'll be sorry when we do," said
Doran.
"Mr. Grimes is present," continued Mr.
Hite, "and Mr. Devlin, Mr. Wear, Mr.
Macferran and Mr. Mills are at the
other end of a telephone waiting to be
called. There is no good reason why this
matter should be adjourned."
"There is one other witness, Willard.
You sent him away," said Waters.
"We are here to defend this case now,"
said Hite:
"We want to place our witnesses on
the stand in order in the order which
suits us. We are not attempting to
please the defense in this matter and
we will not proceed this afternoon," said
Mr. Doran with emphasis.
"Send for Willard," snapped Waters.
"You'll bring him back before this case
ends."
"Tell you what I'll do," said Waters
pointing his finger at Hite. "Wager you
the cigars that before another week a
telegram goes from Grimes or some of
the rest of you to Willard saynig, Tt is
imperative that you be here. The safety
of the Republican party demands your
testimony.' "
"Why didn't you summon him," said
Hite ignoring the challenge.
"We did," said Doran.
"I guess not," replied Hite.
"But, we did," responded Doran.
"Where?" queried Hite.
"At his house."
Mr. Hite That's no service and you
know it.
Mr. Waters We would have served
him -had you not furnished him a pass
and hustled him out of town.
Mr. Hite The prosecution must pro
duce some'legai reason for an adjourn
ment. Justice McClintock had been busy for
several minutes with his telephone. He
turned to the lawyers and said:
"I have called Mr. Mills.
Mr. Doran We won't use him.
Then Mr. Hite and Mr. Doran had a
few passages over the absence of Mr.
Crum, the county attorney who swore to
the petition. The defense had been re
peatedly assured that Mr. Crum would
be present but the prosecution was con
stantly plied with questions concerning
the absent lawyer. While this was pro
ceeding with vigor W. W: Mills, a direc
tor of the Merchants National bank ar
rived. Justice McClintock Mr. Mills is here
now.
Mr. Waters We want Mr. Freeman
and his books and we won't proceed until
we get them.
Justice McClintock It seems to me
that we should proceed with these
depositions until 5 o'clock.
Mr. Waters Well, 1 want to quit Be
cause I want to get shaved and the Lord
knows Doran needs it, too. Mr. Hite
shaves every day, so he looks all right.
Then we have Sunday marketing to do
and I can t go to church unless I get
shaved.
"Ha, ha, ha." came uproariously irom
every man in the room at this.
.Tiistice McClintock again urged work
but Doran and Waters both turned on
him and exclaimed:
"It's up to you judge; what are you
going to say?"
The justice got down his law books
while Mr. Hite, said:
"The prosecution of this case or perse
cution has been publishing its con
clusions in the newspapers and looking
for proof. In justice to the man wno
has been attacked; whose character has
been assailed, we insist that the case
proceed. We would also like to see Mr.
Crum."
Mr. Waters Had it not been for the
fact that the defense had through Mr.
Grimes secured a pass and spirited Wil
lard out of town we would proceed with
him. I want to say that I think this
action on the part of the defense was
outrageous and I desire to add that I
use the wxrd in its most offensive sense.
If Mr. Grimes is an honest man and is
proven innocent this case will help him.
We desire to proceed with our witnesses
in the order which we have named and
we will proceed in no other way.
Justice McClintock announced that he
had no jurisdiction to pass upon the
question of proceeding in response to the
demand of the defense. "I am simply
an administrative officer in this mat
ter." he said.
"We demand that these depositions be
closed," said Mr. Hite.
"It seems to me that all I can do is to
assent to the adjournment until Monday
morning," said the judge.
To this the prosecution agreed by
picking up the documents before them
and leaving the room. The judge resum
ed his other work and the defense loit
ered down the stairs and up the street
the lawyers and Mr. Grimes expressing
the opinion that the case was about to
fail.
Saturday afternoon Mr. Freeman was
examined and the defense to prevent the
adjournment completed the cross-examination
of Mr. Cole; and in part cross
examined Mr. Grimes.
Mr. Hite's questions to Mr. Cole were
brief, the inquiry being to ascertain if
Messrs. Crum, Waters or Doran had
called at the auditor's office to make in
quiry concerning these balances.
"Not to my knowledge," replied Mr.
Cole.
F. W. Freeman, cashier of the Mer
chants National bank, telephoned that
the vaults of the bank were locked and
that he could not bring the books.
"We might just as well adjourn until
Monday morning said Derran.
"We insist on going ahead." said Hite.
"Don't adjourn," said Grimes.
"We won't go ahead without the
books." said Doran. "And ask for an
adjournment until 9 o'clock Monday."
(Continued on Seventh Page.)
AGAINSTjJICHOLS
Detailed Statement From Citi
zens' Committee.
Why So Many Republicans Are
Opposing Him.
AGAINST ALONE.
Committee Fighting Nominee
For County Attorney Only
" Whom We Know and
Proved Received
Have
"So Called Nomination by Gross
and Glaring Fraud."
The citizens' committee in charge of
the organization opposing the election
of Galen Nichols as the "so-called nom
inee" of the Republican party for coun
ty attorney has issued an address "to
the Republican voters of Shawnee coun
ty. ' It sets forth the history of the
movement and gives specific Eeasons for
the opposition. The committee is em
phatic in its statement that its organi
zation is opposing only the nominee for
county attorney and is making no fight
on any other candidate on the Republi
can ticket. The address is given below:
Topeka, Kan., Oct. 10, 1900.
To the Republican Voters of Shawnee
County:
We, members of the Republican party
acting as a committee, having in charge
the conduct of the canvass of the "Cit
izens' " candidate for county attorney,
submit for your careful consideration
the facts presented in the following ad
dress: HISTORY OF THE "CITIZENS' "
MOVEMENT.
Immediately following the primaries
called by the Republican party last spring
a mass meeting of Republicans was
called to protest against the illegal and
corrupt practices resorted to at those
primaries by which Mr. Galen Nichols
appeared to have a plurality of 152 votes
for county attorney. This mass meeting
appointed a committee of 200 to wait
upon the Republican county central
committee and ask for a recount of the
ballots and an investigation of the fraud
and corruption which were specifically
charged to have been committed in be
half of Mr. Galen Nichols. This com
mittee appeared before and stated its
charges to the central committee. That
body, without either recounting the bal
lots or investigating the charges, declar
ed Mr. Nichols the nominee on the face
of the returns. The committee reported
to the mass meeting what had been
done, and thereupon, a sub-committee of
14 was appointed with full power to can
vass the ability, popularity, and charac
ter of the attorneys at the Shawnee
county bar, and from the number to
choose one and take the necessary steps
to nominate the one chosen by petition
as the "Citizens' " candidate. The com
mittee after a full and careful investiga
tion selected George W. Clark, ex-judge
of the court of appeals, a lawyer of un
questioned ability and unimpeachable
honor, who has declared that if elected
he will enforce all the laws of this com
monwealth in Shawnee county.and nom
inated him in accordance with their' in
structions by a large petition contain
ing over 1.4(h) names, more than throe
fourths of whom are staunch and tried
Republicans. It Is that committee that
now addresses you and asks for your
suffrage in behalf of Mr. Clark.
STATEMENT OF THE FACTS.
This election was not held In accord
ance with the instructions issued by the
county central committee. The Judges
of election in the city were directed to
take the name and the residence of each
voter when accepting his ballot. In cer
tain precincts this direction was not fol
lowed and in those precincts the vote
was of such a magnitude and character
as to excite suspicion and lead to an in
vestigation. Two of these precincts were
the west precincts in the First and Sec
ond wards. The returns of these pre
cincts were tested by two methods: On
by comparison with votes at former
elections; the other by an investigation
of the names which appeared as voters
upon the tally sheets.
FIRST. BY COMPARISON.
On July 23, 1S9S, a sharply fought Re
publican' primary was held over the
question of senator and county attorney.
T. J. Anderson, and T. A. Mi Neal, were
the candidates for senator, and A. ,1.
Jetmore and H. G. Larimer, were the
condidates for county attorney. The
contest was spirited and more than the
ordinary primary vote was brought out.
A comparison of the vote on that occa
sion with the vote now under consider
ation, is startling:
1 R93. 1900.
First ward, first precinct 11 325
First ward, second precinct.. 290
First ward total 471
Second ward, first precinct.. "47
Second ward, second precinct 311
Second ward, third precinct..
511
nr.r,
6:i7
419
14
Second ward total 558 1.070
In other words, in the first precinct of
the Second ward, the vote at the primar
ies in 1900 was 290 greater than at the
primaries in 1N98: and in the two wards,
the primary vote of 1900 is about double
the primary vote of 1X90. This showing
is very significant, but there is another
comparison which is even more striking:
The general election of 3S9K was for
state officers. Every vote counted, and
the most vigorous efforts were made to
poll a full Republican vote, resulting-in
the election of Stanley for governor. Un
fortunately compa rison can not be made
precinct by precinct, because the elec
tion precincts were not the same as the
primary precincts, but the comparison
can be made by wards:
First ward, vote for Stanley f.2
First ward, vote in 1900 primary..
Excess of the primary vote of 1900
..over the general election vote of
1S98 m
Second ward, vote for Stanley S0J
Second ward, vote for primary of
1800 1,070
Excess of the primary vote of 1900
over the general election vote of
1S9S 2C7
In the two wards therefore, the ordi
nary Republican vote at a state election
is 1,455.
The vote at the primary of 1900 was,
however. 1.3i S, an excess over the Re
publican vote at the general election of
1S9S of 451 votes.
What does this excess over the pri
mary election and the general election
cf lsSS mean? Let every intelligent voter
supply the answer. These 451 votes were
either never cast at all or they were
by repeaters or by persons tui vi. u - ;
entitled to vote at a K public an r
mary.
The worst precincts are of tour' !
first precinct of the Sicond ward a - i
second precinct of the First ward. " i
these are precisely the precinct win- 's
gave Mr. Nichols his great majority. In
these two precincts the vote two -e,n.
ago at the Republican primary uce.tr
gated 537; this year the vote in Ui'-m-two
precincts aggregated 1.14S. In lt:.
first precinct of the Second ward, II
majority of Nichols over ,Spencer in a.-,
and in the second precinct of the FIim
ward his majority is 177.
It is a common exrerii nee that the R"
publican vote on election day i ,!.! p. r
cent, larger than the vote that kci n.
to the primaries. Thus, in tie- KIim
ward the primary Vote two yours a r
for county attorney was 471, and the vunt
cast for the Republican nominee si t ti
election following was tit.l; but the vol.
at the Republic an primary in 19i, n f..
as these two ward are conrei ned. Is ,pe ?
the reverse, and it Is about on ttn. !
larger than the normal Republican "i
on gt-neral election day. If all the Re
publican voters in the two wards attend
ed the primaries, then there are oi,!m
450 votes to be accounted fur, but it i
absurd to suppose that this is tne ac .
An excess of 450 votes over the noMie.t
Republican vote of the wards mm, I
seem to point at least to C00 illegal vol.
in the two wards.
We were thus forced, by the compait
son above instituted, to conclude that
wholesale fraud had been pe-rpel t a i e-s ,
and we could have but little ilmiirt m
whose behalf the wrong had b'-'u
wrought, when we remembered that Mi.
Nichols' friends. plentifully stipple- '
with beer, were in control oi the poii hi
these particular precincts: that tie
strenuously resisted Inve si Ign t loii of the
election, and that the i rural c c 1 1 1 n i i i -te-
refused to even recount the baM.ii-.
although requested to do by a Ian: i
number of as good men and rnr;s i e
tious Republicans as there are in Shaw
nee county. Thereupon we instituted an
in vestigation of the names that appeal'1 I
upon the oll tKloks a voters at lb
pri
mary in the firnt precinct of the S
ward and the second precinct of
ll
First ward.
INVESTIGATION OF THE NAME.-;
RECORIJEl AS VOTERS.
It will be remembered that In tie e
two precincts the judgen did net fi.llcv
the instructions of the cential cMinmiiti- e
to take the name and residence. (lf ea a
voter. They took the name only. Hence,
the only means of testing the identity of
each voter was by examining the ciiy
directory and by the personal know eii e
of men w ho wete well acquainted m ii !
the voters in the precincts. Employing
these tests, we have ascertained that i i
the doubtful precinct of the j ml ward
77 persons voted that day who wei -well-know
n Populists ami 1 letnoi ra I h,
and that over 250 names appear on the
tally sheets as having voted that do not
appear in the city directory, nor weie
they known at all to half a dcir.cn men
who were residents of and well ac quainted
in the pre.inct. On the tally
pheets of the doubtful precinct of Uis
First ward appear the names of .'!!! pop
ulists and democrats and U7 others who
were unknown to well-known citizen
and voters of the precinc t, and whose
names do not appear in the city direc
tory. In Kaw precinct, Dover township. th
total vote cast was t0: of these L'n vn i?
Democrats and Populist. Mr. Ni hoit,'
vote in this precinct wa 44, Mr. Spen
cer's 5. and Mr. Dorans P. For whom
was Kaw's illegal vote cast?
Mr. Nichols' plurality over Mr. Spen
cer in the county w as 152. The process of
investigating names which appear t pon
the tilly sheets as voters at this elec thin
is still going on. but the alcove fact-c.
coupled with the strange coini idc in e
that the precincts merit ioneel Bn. those
at which the brewers supplied the inost
beer, are the precincts where the stca'
est preponderance of Illegal and ot'i -party
voters were cast, and are those
where Mr. Nichols received his h'.tvie-M
vote, convince every sensible man that
Mr. Nichols is not the rightfully de
clared nominee of the Republic an party
lor the ofiice of count y a t tor. icy. We a i .
r.ot alone In this conclusion. Tin- rip
utable Republican press of the county n
with us In this contest. The Capital. tie
State Journal and th" Mall unci I h i c z .
immediately alter the primaries, con
demned the illeijnllty and fraud resor i. .(
to in ur measure,! terms, and the- two
great dailies first named are still unite,!
in the dec'aration that Mr. Nic-hols rcne-.-be
defeated in order to rightly fiilis'ii
good government and the- best Intel
of the t Republican purty in Sluiui
county.
Ol'R DUTY AS REPrr.r.lCAN.-;.
The principles of the Republican pari y
have been assailed and the will of it,.,
majority of the Republican voteis of
Shawnee county def-ated by a icurup:
minority with the assistance of the- cor
rupt element of other panic s. When
redress is asked for. we are told that,
none can be givju; that we niu--t sub
mit and volt foi a imin nonimiitc d by
fraud with the he lp "f money no I
li'iuors. furnished by ine;n of a re ighboi
ing f tate whose only business In thi
state is to carry away its mom y, d-:y
Its laws and corrupt its citizens.
Republieans of Shawnee county, wi'l
you permit this violation of your right'.'
If you dec, you bid farewell to that prin
ciple of the Re publican party which has
been insisted upon with great earriepi
ness and without shadciw of turning far
nearly half a century, namely, a f ur
fle-ction and an honest count, a principle
Which is fundamental and essemlal to
our very existence as a repre sent a t Is
government. In opposing Mr. Niehol.
we champion Republican principles. You
will never have a be tter c tiai.ee to re bu cis
fraud within our own paity, and at the
same time give little comfort to the
opposition. You are not ecpporlnw. ten i
we are not opposing the Republican
t'tket by fu doing. We are only oppos
ing that portion or it which Is tHiun-.l
with fraud. We ask you te do- the same,
and while party obligations bind ii to
vote for every name in tin- I ;i oubl i, a n
column fairly nominated, this does net
spply to the county attorney. There oa
fhould vote fur George- W. Clark, on the
"Citizens' " ticket. Our tight as a cciiu
mittee extends to no other name on th--ticket,
anei by re fusing to tiippei- ji r.
Nichols we believe we are moio pearly
in harmony with RepubiUan principle,
than many of those who will vole for
him.
Do not be deceived by the- spec ioux ar
gument that it is your duty to vote I
Mr. Nichols becuuse you voted hi the
primaries. If thej primary bad be en :c
lair one; if Republicans eerily had vof-cl
if there haci Im eti no repeating: if there
had been a true count, an hemest re
turn and a fair examinaiion e,f chaefc-
made, and then u bad been shown tna:
Mr. Nichols had been nominated, part'
fealty would have requiied that yon !-
your suffrage in hi.-s be-half. Hut wheel
an honest examination of ll! poll leeecks
shows that he was not nominated by a
plurality of the Republicans voting at
that time, hut that be. or some boei act
ing in his behalf, se-cured the castinic of
at least 5"0 ill', gal vote, as is shon n
(Continued on
p.'.h l'.jfe.)