The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-17

I u
There are two episodes in this case
which verge on tragedy. The first is
the episode of Miss Tilford with her
father tremblingly pleading to Mr..
Kirkpatrick to explain what he meant
| by his terrible charges. And he was
cold. He was coarse and brutal. He
did not answer her as he should have
done and apologize when he learned
| that he was circulating falsehood. And
his lawyers would have come into court
with an answer to this petition with his
apology that he had been mistaken and
with his instructions not to wage an
attack on DR.. Warner. You know an
honest man when he owes a debt he
does not consider the obligation met
until he has paid that debt, but what
does the defendant do here. He comes
| here and pleads the statute of lirnita-
tions.
Had Mr.. Kirkpatrick been Mr.. Til
ford in that incident in that office there
would have been, q shotgun affair.
There sits Mr. and Mrs. Tilford
with their one daughter-their only
child. The child they have reared to
full blooming, womanhood. Every ten
drill in that old mans heart throbs for
| that girl and every one has suffered
! the strain of thts malignant charge.
The mother there, adangered death it
now crept into her hair from her vigil
over this daughter.
Think of them and I'll read you
what Kirkpatrick said here on the
est thing 1 ever heard-the cross ex-
animation by Mr.. Schenck?
"Have you ever done thing to re-
tract your defamation of this girls
Ieputatiop?" There is no answer.
Have you ever made a single at
tempt to recall the slanderous stain
upon her rame?" What is the answer?
The affair is in the hands of my at
| torneys.'
eff 1 , or il you. gentlemen. had done
| such great wrong as he has done would
| Tot have slept night until that wrong
was righted. He had nothing to do but
listen to her story in his office and had
| he been a true American citizen he
would Immediately retracted his state
ments.
Have you ever done single thing
to resore the good name you have
sought to rum? asked Mr. Schenck
| And he answered: If your honor viii
permit me I will tell just why / never
| made an attempt to retract my state
ments.' If it is not of an abandoned
0nd malignant heart that uttered this
before he would leave the witness stand.
then aGk you to tell me what sort OF
q soul he has. Here it is, Immediate
~ after the filing of this suit, there
was information brought to me volun-
tarily, that can not be questioned,
very soon after the Montreal incident,
which disclosed beyond doubt that
what I said was the truth If that
hasn't got the snap of a hyena ana
the stamp of a depraved soul, tell me-
gentlemen, what it is?
why did he tell his daughter not
tt tell about the hotel register IL not
for purpose against DR.. Warner to use
at Philadelphia Why did he lock the
photograph in his safe and say to visi-
tors, I have there in my safe absolute
rroof that DR.. Warner and Miss TIL
ford occupied the can1e room as man
and wife Aud he goes upon the stand
and says Rusk lied, that Stewart led
that Judge Huron lied. that Wallaca
lied. that Charlton was mistaken, thai
Mr.. and Mrs. Tilford lied and that MISS
Tilford testified falsely.
THAT rumor, he gave birth, flies,
she can not fly to overtake 1T. She
could not stop it. She says she has
young man here. You have under
stood she was engaged to him. What
did she want with DR.. Warner? what
was there about him to appeal to her!
What but to appreciate his kindness
when she was travelling alone. Yet
her trip on an ordinary railroad train,
and his attention, Kirkpatrick calls
improper. Is there any ground where
railroad runs from the frozen north
to the Caribbean sea where the
American man when he sees lady
alone will not seek to assist her. And
such a man gets our respect, not cal
jimmy.
ct am an old practitioner. For So
years have been conversant with the
trials of many libel suits and have
to say that one libelous heart can
spread more destruction than any
contagious disease which ever scourg-
ed the country.
Libel Will Follow Her.
Though this girl may live to be SO
years old, whether she travels by the
Pyramids of Egypt or flies to the
ruins by the AEGEAN sea this libel will
follow her and she will be pointed
at with scorn until her cheeks become
wrinkled and her hair gray untimely,
because of your malignant false
hoods, Mr.. Kirkpatrick"
Mr.. Waters read the deposition of
Roy A. Fuller, proprietor of the We'll
land hotel. taken in the presence of
Mr. Abrahams, Kirkpatrick's lawyer,
in which 1t was proven the reports con-
corning DR.. Warner and Miss Tilford