The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-10
=. . Special Showing Of WOOlfex Styles for Spring
".n1"" Ordinary
Court Refuses to Dismiss Case
Against Kirkpatrick.
Objections of Defense in Tilford
Suit OYerruIed.
WATERS RACKS HIM
Attorney Declares Defendant
Had Hatred in His Heart.
Security Order Head VIII In.
trOduce His Evidence Today.

At the closing of the PLAINTIFFS evil
/ oence in the Tilford-Kirkpatrick libel
suit, counsel for the defendant president
| of the Knights and Ladies of Security.
! demurred to the evidence of libel, wag-
| ing lengthy argument to prevent the
case going before the jury.
! The attorneys for Kirkpatrick argued
the law of privilege. claiming that
| Mr.. kirkpatrick was privileged to at
| tack the moral character of Dr. War
ner as a member of the same secret or
| der, stated that there were thousands
| Of just such reports made in the lodge
and hkened the privilege of such re-
ports to the privilege of either Dunn or
Bradstreet i'm making reports OF the
moral as we'll as financial standing of
| firms in the business world.
In tn" specific instance of Buffman
| asking to see the photograph of the Ho-
tel Welland register, they argued Kirk
patrick was privileged to show it. The
when he asked to see this photograph,
carried one i'll his pocket which he had
gotten for Dr. Warner. Judge Dana
, questioned whether q person with Ii
belous article in his pocket going to an
other to ask him to show him Just such
an article thereby making himself
party to the transaction. could use that
occasion as basis for an action for
the mere photograph was not a libel.
Counsel for the plaintiff recalled the
testimony Of the witnesses who had said
that kirkpatrick had stated that he
knew positively that DR.. Warner and
Miss Tilford occupied the same room
and that he would prove it.
Judge Dana stated the Kansas law on
privilege in this wise: In secret Or
Ger or an order of this kind. it is a
privilege to bring the moral reputation
of a member under consideration, I'M
Ger the law of Kansas"
Things we're apparently breaking bad
for the plaintiff when Captain Waters,
indignant that it was even presumed
that there had been no malice on the
I6rt of kirkpatrick, arose to bitterly
attack the defendant and enlarge upon
the opportunity of 20 months time be-
tween the Montreal congress and the
Philadelphia meeting to verify his
statements.
Waters Racks Him.
He did not know whether DR.. War
ner and Miss Tilford had remained in
the hotel a night, an hour, or a minute,
he did not know what had been paid
for their stay. he had no way OF know
ing anything of the truth without ask
ing questions. Did he ask them? Did
he ask to see the cash book or the
ledger or verify his charges? Not one.
He never asked a question 1t would
rot have served his purpose. He was
afraid he would learn the truth and
innocent girl.
1T would have been far better had
some one gone before meeting of the
trustees of that lodge and told of this
leprous heart than for him to drag in
the name OF this faultless girl.
Take your own daughter or mine
and think of her in graduating robes,
sweet, virtuous, beautiful, and just
budding into womanhood. Suppose
some one had registered her there in
the hotel. She would have had no way
to know. This girl did not know. Mr..
Kirkpatrick knew very we'll the sig
nature of DR.. Warner and he knew the
handwriting of both names was
Identical. I tell you 1t is absurd to say
that that man did not have hatred in
his heart.
Are the names of good girls as they
trot innocently along the street, to be
dragged under this law of privilege? 1t
were better that all great orders should
perish than that one daughter of the
state of Kansas should have her fair
name ruined.
1.-THE attitude of Mr.. Kirkpatrick here
in the court room is Yes, made that
publication. But stand here immune.
I draw the sacred circle of my order
about me and defy Your Honor to ap-
proach.'
III there had been a particle of the