The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-26

Q.-Any other reason?
A-WeI, because Charlie Holiday
was trying to pawn his father off as a
Republican candidate, and 1 thought I
had as much right to lie as he had. But
1 wasn't under oath
Q--Would it have made a difference
in what you said if you were under
oath?
A.-Yes, sir. it would. Anyway. in
politics.
Cross-examination by Eugene Ware
Q.-You speak of having a CONVEX
sation with Mr.. MacLennan. Can you
give the date of that conversation?
A.-The 9th.
Q--Where did the conversation take
place?
A-Up to the Journal Office
Odd Mr.. MacLennan known you
when you came in?
Al don't know whether he did or
Odd you tell him your name?
A.-NO. I just went in and told him
that 1 wanted to answer that publica-
ton.
Where was it located?
A.-Over the billiard hall on East
Sixth street.
Q.-How was the lodge fitted up?
A.-Well I don't know how to an
swer that. If going there made me a
member, if I answered this 1 might
break the obligations whether I had
taken them or not.
Q-How many times were you at the
Standard lodge?
Al went there whenever I wanted
to. There was beer there all the time.
Q-How many lodges did you visit in
the city?
Al think five altogether
Q.-Were you ever present when any
one was initiated in this lodge?
Ayes, two or three
Q.-This conversation with Mr.. Mac
Lehman was the only one, was it not?
Ayes, sir.
Direct examination by Attorney Will
son:
Q.-What relation had you. to the
meetings you speak of in the basement
at Seventh and Kansas avenue?
Al was hired as janitor.
Q.-What had Greenspan and HolH-
day said about Colonel Holiday being
a member of the o. NJ. B.
A-Charlie said he was.
Fred Nelson. a bOOkkeeper in the en-
ploy of the Southwestern Fuel COM
pany, the Office of which is located
over the basement in which the pOlit-
cal meetings were held last October,
was next called to the stand by Hitch
cocks attorneys. Mr.. Nelson testified
to having conversation with Simon
Greenspan on October 26, 1896, as fol-
lows:
Odd you see Simon Greenspan on
October 26, 1895?
A=Yes, sir he came into the Office of
the Southwestern Fuel company
Q.-What conversation had you with
him?
Ale asked me if 1 knew there was
a joint running in the basement and
that the janitor of the building was at
the head of it. I told him 1t wash
my affair and told him the name OF
the parties who had charge of the
building.
Q.-Who was janitor at that time!
A-Robert Hitchcock.
Odd he say anything else?
Ale said he knew that there was
a Joint running in the basement and
that if 1t wasn't shut off he would
have it written up, and that the com
pany couldn't afford to have this done,
from a business standpoint
L. l.. Kiene, city editor of the Jour
nal. was then called to the stand simply
to authenticate the interview withdrew
span, which he had written and which
formed the second cause Of action IN
HitchcOck's petition At the conclu-
sion of Mr. Kiene's testimony the plain
tiff's attorneys gave notice that they
would rest in the evidence
At once Harry Stafford on behalf OF
Charles K Holiday. entered demur-
rer asking that Holiday be dismissed
from the case on the ground that the
evidence had not shown him to be con-
nected in any way with the two causes
Of action contained in HitchcOclS's petit
ton Attorney Stafford backed this de-
murrer by a short argument, winch was
answered by Attorney Wilson, and
when the lawyers finished Judge Hazen
decided that the demurrer would be
sustained and Holiday discharged
from the case.
Eugene Ware and Harry Stafford, on
the part of their respective clients,
Frank P. MacLennan and Simon Green
sDan for the dismissal of the entire
case on the ground that no conspiracy
or malice had been shown and there
fore the publications We're privileged,
and that Hitchcock, by being member
oF n r nRrGOnalIV
sible for them. Judge Hazen refused TO
sustain this demurrer, although stating
that it had been clearly shown that
there was no conspiracy involving MT
MacLennan, and instructed the jury
that all testimony introduced in behalf
of the plaintiff, in relation to cOnVersa-
lions which occurred IN MI MacLen-
mans absence, could not and must not
be considered against him in its delIb-
The case was then taken up by the
attorneys for the defendants, and Aus
tin Brady, the Journal reporter who
wrote the interview with Hitchcock,
called to the stand His evidence
was taken simply to show that he had
no feeling or malice toward Hitchcock
at the time the interview was written.
This interview had no part in the suit,
as Hitchcock did not question its cor
rectness-
Frank P MacLennan again took the
witness stand at the request of Mr.
Ware and was asked concerning the
statement by Hitchcock as to his call
ing at the Journal office and asking to
be allowed to publish an answer to the
first publication, and Mr.. MacLennan
stating to him that he didn't want to
make a fight on the O. NJ. B. Mr.. Mac
Lehman said that he had no remem-
brance of Hitchcock calling at the
office. and that he had never made to
any one the statement credited to him
by Hitchcock concerning the o. NJ b
Here Harry Stafford took charge Of
the examination and introduced the
testimony of several witnesses to show
that Hitchcock has been a regularly
initiated and obligated member of the
O. NJ b and that the trouble resulted
from his action in supporting a candi-
date for the legislature who had not
has1 indorsad by the Order. The first