The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-15
Denies Conversations Other Wit
nesses Told Jury About.
SCHENCK LEADS HIM.
Attorney Guides Witness Over
Record and Distress Results.
Believed He Spoke Truth About
Topeka Woman.

Miss Dolly IIl1Ord Tor SlanoerouS SLOT
les involving DR.. Warner and herself
during the 1908 campaign to defeat DR.
Warner fer reelection as medical di-
rector of the fraternity. occupied the
session of the district court today.
Direct examination of Mr.. Kirkpat-
rick and his daughter. who made the
discovery of the names of DR.. Warner
and D. NJ Tilford on the Welland hotel
register at Montreal. was taken last
evening and was repetition of what
other witnesses have said and what OIL
ficers of the order testified they mao
told kirkpatrick, previous to his cir
culation of the alleged ibelous articles.
Mr. kirkpatrick is on the stand 10
show that he believed what he said
about the doctor and Miss Tllford. he
emphatically denies nearly every con-
versation which he is testified to have
had, concerning his intentions against
DIR. Warner: The plaintiffs lawyers
have called 81 witnesses to use in re
buttal of the testimony of Kirkpatrlck
and his friends and the question has
been asked of the attorneys, DO you
expect to live to see the end OF TINS!
The cross-examination of Mr. kirk
1atrick conducted by Mr.. Schenck is a
rapid fire of questions cutting into the
answers of the witness to the despair
of the court reporter.
Kirkpatrick on Stand.
The examination follows:
who appoints the district oeputles
of the knights and Ladies of Security?"
And you have the power to revoke
the appointments?
II have"
occupy position on the law cohInll-
tee for 16 years?"
And YOU let him out then because
of his stand on the DR.. Warner situa-
tioI?"
You had a photograph made of the
Montreal hotel register. didn't you!
II wrote a letter asking if the hotel
was still in existence
Won talked the matter over with Mr..
Abrahams about the advisabiity OF Sc
curing a photograph OF the hotel reg
lister at Montreal?
81 did,
Il ask you whether you have ap-
pointed. any person to anv position
who worked openly for DIR. Warner at
the philadelphia convention 80
81 will say 1 appoint none unless an
application is made.
''Will you say to this jury that you
appointed a single man who worked
openly for DIR. Warner 2,
ST had only one application and I
refused that
I'm your direct examination you
said that DR.. Warner was neglecting
his duty you have a provision in your
rules for the dismissal of such Of
fcerS?"
1--WE have"
why. then, didn't you try to Gust
DR.. Warner"
Because he was not seriously neg
ligent until after the St. Louis con-
vention in 1904"
For four long years, then, DR.. War
ner was seriously neglecting his duty?"
Eyes, sir"
Took Insurance Away.
"I ask you if you didn't take the
fire insurance away from Frank
Warner
yes, sir. I did"
What was it you saw on the train
to Kansas City between Miss Tilford
and DR. Warner that led you to call
their conduct affectionate ?''
1.-The way they acted toward each
other"
DO you think because she had her
arm on the back of the seat that her
conduct was affectionate ?"
mo, SIR
because her sleeve was short and
her arm bare, that would not lead you
to be suspicious, would it?''
mo. SIR
But you think their conduct i'm
rroper?''
lovers"
whether we like the styles of la
dies dresses or not, a short sleeve does
not indicate anything extraordinary ?''
mo, SIR
what was it then which led you to
say they were affectionate?"
''They had their faces close together
in conversation
isn't that an ordinary occurrence %
st think not
Don't you think, Mr.. kirkpatrick,
that when a man circulates reports
and ruins a girls reputation, he ought
to apologize when she comes to ask
it?"
IF Mr.. Tilford had not lost his
temper we could have come to an
understanding.
What do you mean by under
standing?"
IT would have listened to them
What do you mean by listen %
IT made a statement
You made the statement that you
had gotten the photograph and that it
had served its purpose?"
II did not"
For 20 long months you did not
try to learn whether you spoke the
truth about Miss Tflford, did your
ST did not"
was the man behind the counter
at Montreal a young man, or old. did
was he dressed? ?"
81 do not know"
You mean to say you have based
this slanderous publication on the
statement of a man you do not even
known"
IT do
you could have gone to the pro-
prietor and ascertained the facts
couldn't your"
IT suppose So.
Denies Buffman Matter.
Mr.. Kirkpatrick emphatically de-
MED every bit of conversation he had
with Mr.. J. r. Buffman to which the
latter testified. He likewise denied al
most every incident of other witnesses
Ok the plaintiff until Mr.. Schenck ex-
claimed: will you state to the jury