The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-27

to be o. NJ B. for beer.
Mr. Hitchcock's statements off the
witness stand seem to have been very
often qualified with an inaudible re-
mark to himself "over the left"
Mr.. Ware in an impressive manner
read the ritual to the jury but none of
them was willing to lift his left hand
nor showed and desire for red ink
1t has been officially shown that a
jury of twelve good men believe that
not 100000 damages, nor even one cent
of injury, accrues when man is kicked
out of the 0. M. 3.
All these stories last fall about Rep
resentatfve Ed NcKeever being an 0.
NJ. 3. appear to have come from Bob
Hitchcock when he was not under oath
or was simply raising his left hand.
The circulation Of the State Journal
has been put on the district court rec
ord as exceeding II, 200 in October when
the alleged libel suit was committed.
1.-THE circulation has since gone above
that pointl
Judge Hazen to the jury. lis COM
plete vindicatiOn in this case and if you
md the truth was published in the
Journal verdict must be given for the
defense" The jury broke the record
on prompt finding for the defense.
Shawnee. county ought to bring suit
against Elbridge G. Wilson for putting
the public to the expense of this law
suit he, and his client fortified with a
poverty affidavit, may have had moth
ing to lose, but it was tough on the tax
payers and the people who had import
ant interests involved in the district
court.
The value of an o. NJ B. membership
has greatly deprecated since the Hitch
cock trial and incidentally since the
~ haaar T1f.r,0
can be procured outside of the mystic
lodge rooms without subjecting the ap-
picant' to the danger of grave charges
for violating his oath and for traitorous
conduct.
The o. M B. lost several members
during the trial. They were suspend
ed BY merely being asked the question
if they We're members. wouldn't this
have been an easier way to have sus-
pended Mr.. Hitchcock than through the
expensive way of advertising him in a
newspaper with over 1900 proven cir
culatiOn?
The plaintiff, Robt Hitchcock, whose
alias appears to be Elbridge C. Wilson,
brought suit for $40, 900. The court in
the instructions to the jurors said it
was within their province to bring in
as low verdict of damages as one
cent. The jury even failed to find dam
ages to the minimum so kindly privi-
legged by the court.
+
The testimony made the remarkable
showing that while the State Journal
was ''whacking the order from time to
time, as one witness testified, it's
members were daily reading it and a
notice in its columns was confidently
believed to reach the order as it could
be reached in no other way. This bears
out the claim that every body reads the
Journal" although disproving a claim
that we never make that Everybody
agrees with the Journal
One of the quickest findings on record
came in libel suit No. against the
State Journal which reached a con-
cluslOn last evening with a complete
verdict for the defense. The jury was
out an incredibly short time retiring a
few second before 4 o'clock and march
ing back with a written verdict a few
moments after. The jurors had barely
taken time to choose a foreman, put
their conclusion in writing and sign the
statement.
Mr.. Hitchcock was Janitor when he
began this suit and a janitor when the
verdict came in. If this were a $40 900
job, he admitted to the jury that he
hadn't lost it, although, he testified Il
came mighty near losing my place. It
is not clear whether he touched this
danger line because he was suspended
from the o. NJ. B. May he not have
lost his place had he not been suspend
ed? About the time Of the Official
notice" he stopped Singing beer in
the basement. Perhaps his employers
regarded this as a reformation and re-
ally preferred a janitOr who did not
sling beer with both hands and had
been actually removed from the order
which places the left hand above the
right.
In this suit there were three defend
ants, Mr.. MacLennan, the publisher of
this paper; Charles K. Holiday Jr
and Simon Greenspan. The suit was
for $20,000-$6. 66667 each. Mr.. Holli-
day was soon released. This left the
publisher and Mr.. Greenspan $40 900
each Great was the surprise of Mr..
MacLennan when his own attorney, Mr..
Ware, in his argument declared that
Mr.. Greenspan had nothing to do with
the case. Was Mr.. Ware trying to
mulct his own client for the full $780,
600? Mr. Wares reputation as an able
counselor was of the very highest rank.
The outcome proves that his reputa-
ton has not been abridged He con-
Quoted the case in a mastery manner
and added laurels to the firm of Gleed,
Ware & Gleed. His action in unload
ing upon his client the full damages
was only one of those risks a confident
attorney sometimes takes in the deter
mined effort that his client shall live
or die. sink or swim, survive or perish,
pay $4,000 or nothing.
Mr.. Hitchcock repeatedly denied that
he had ever taken the oath of the o.
M B.. although the initiating officer of
his lodge said he administered the SOL
emn obligations on two different times
in order that if the single knot would
not hold him, a double one might. One
ingenious theory might have been ad-
vanced by Mr.. Hitchcock. but was not
in the excitement of his attorney to get
that $4,000. 1t was shown by the evil
dence that a candidate for membership,
who was some times a mere applicant
for beer, upheld his left hand with his
right hand over his heart of hearts.
Mr.. Hitchcock may have considered
that this strange substitution of hands
gave him the same license to juggle
with the requirements of the order, as
he took in evading the truth on so