The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-26
LIBEL SUIT ON TRIAL.
Case of Robert Hitchcock
Against State Journal
And Simon Greenspan for Dam
ages Being Tried.
Testimony Opens Up Considerable of
the History of Q. NJ. 3. Affairs.

The libel suit of Robert Hitchcock
against Simon Greenspan, Charles K.
Holiday and Frank P NacLennan, in
which Hitchcock asks to recover 100000
damages on account of a paid notice
which appeared in the State Journal
of October 26, 1896. and an interview
with Simon Greenspan in the issue OF
the following day, was taken up IN
the district court Saturday afternoon
At the time of adjournment OF court
the case was about half concluded
This suit is a companion to a similar
suit entered by Conrad Mayer, both
filed in the district court on the 5th of
November last, and is SO utterly ground
less as to merit prosecution Of the IN
stigatOrs.
The history of the suit is as follows:
on October 26. 1896, there appeared
in the State Journal a paid notice,
signed, Executive Committee, Q. NJ
b. in which il was stated that Rob
ert Hitchcock and Conrad Mayer had
been suspended from the Q. NJ. 3. and
were no longer entitled to the rights or
the order This notice was the result
OF action on the part of Hitchcock and
Mayer in supporting candidates. JHeu
making the race in the campaign VINO
had not been Endorsed by the o. M b
At that time political meetings at
which beer was freely dispensed We're
being held in the basement OF the
building at the northeast corner OF
Seventh and Kansas avenues. and II
was shown by the evidence introduced
Saturday afternoon that at one OF
these meetings Hitchcock had talked
in favor of q candidate not Endorsed
by the order.
On the day following the publication
of the paid notice there appeared on the
first page of the State journal an artl-
Gle headed An O. NJ. B. Split which
was composed of interviews from 81
mon Greenspan, Conrad Mayer and
Robert Hitchcock. This article gave
the expression of both sides on the
suspension of Hitchcock and Mayer. In
IIitchCOck's petition the interview with
Greenspan was made the second cause
of action against the defendants, the
paid notice forming the first. ana no
denial of the correctness of the Hitch
cock interview. appearing in the same
article with the Greenspan interview,
was made. Hitehcock charged con
sDiracy between Charles K. Holiday
and Simon Greenspan, and Frank 2.
MacLennan.
The paid notice read as follows:
"OFFICIAL NOTICE.
TO the Members of the 0. NJ B.
BY the authority invested in US by
the subordinate lodges and the grand
lodge. we hereby suspend from all
rights and privileges of the order and
from membership therein one Robert
Hitchcock. Of Standard lodge No. 1856.
and one Conrad Mayer of Shawnee
lodge n. 315. for violation of their Oaths |
and on account Of their traitorOuS con-
duct.
ITO Whom 1t May Concern:
While the Q. NJ. B. order Of this state |
and county has as yet taken no action !
on the question Of governor or state Of !
ficers. we desire to have it especially /
understood that we shall view with no
friendly feeling the employment of
these men by any political party.
BY order OF Executive Committee of
O. NJ b
In the article printed the following
day the Greenspan interview read as
follows:
When a man takes the oath of the
o. NJ B." said Mr.. Greenspan, The
agrees to support the men Endorsed by
the o. M B. Both Mayer and Hitch
cock violated their oaths and we were
justified in publishing them to the
world as traitors. They have been
holding their meetings under the guise
of an o. NJ. 3. organization, and the
only thing for Us to do was to drop
them. and drop them quick
Eugene Ware of the firm of Gleed,
Ware & Gleed appeared on the part of
Frank P. MacLennan and Harry SAT-
ford on the part Of Charles K. Holiday
and Simon Greenspan. Hitchcock's at
Larimer. When the case was opened |
Saturday afternoon Mr.. MacLennan |
was first asked to take the witness |
stand, and was examined directly by
Z. G. Wilson.
In answer to questions put to him |
by Attorney Wilson, Mr.. MacLennan /
stated that on October &c, 1896, the cir |
culation OF the Topeka State Journal I