The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-08
SWears Defendant Talked About
Topeka Woman, Using Oaths.
UGLY, TALL, ANGULAR
Declares He Used These Terms
About Plaintiff.
Attorneys for Defense Fail to
Break Down Testimony.

Judge George A. Huron, former law
director of the knights and Ladies of
Security, proved a sensational witness
for the plaintiff today in the Tilford-
Kirkpatrick libel suit which is now
under full swing in the district court.
| His examination follows:
did Kirkpatrick say anything to
you about Dr.. Warner being sick at
the Montreal fratenaI congress % ask
ed Captain Joseph Waters.
HE said DR.. Warner was sick-on
the verge of nervous prostration.'
What else did he say at that time? ?"
HE also said that Dolly Tilford was
ugly, tall and angular, and not pre-
possessing, that he could not see how
she could attract anyone and that he
could not see what DR.. Warner saw in
her to attract MIN to her.
'.Where did this conversation take
place?''
I'm the Security building"
What did Kirkpatrick say when
you first came %
HE was talking in q loud and pro-
fame manner TO some men in the build
ing" This was objected to and with
drawn.
well what did he say when he saw
you ?"
Pointing his arm toward me with
index finger extended he said, -
hotel register in Montreal that shows
the names of DR.. Warner and Dolly
Tilford both assigned to room NO. o..
Did you answer in the affirma-
tive %
yes
What did he say then?''
HE said, What did 1 tell you?'
and said that he would have a photo
graph at the national meeting show
ing the hotel register. But some one
in the room doubted the truth of the
statement and he said he had the
statement of the clerk for proof and
that the clerk told him that DR.. War
ner had come to the hotel with Miss
Tilford and that they had been as
signed to room No. 5, that DIR. Warner
came down before breakfast and see
ing names of other Topeka people on
the register took his bag and left the
hotel. He said he would have a photo
graph and an affidavit at the conven-
tion.
What else did he say?"
HE was swearing at every sentence
and said he had been laying for War
ner long time and that he had him
now where he wanted him.
The date of the conversation was
fixed during the first months proceed
ing the national meeting of the
knights and Ladies in Philadelphia in
June, 1903.
On cross examination it was at
tempted to show that the judge was
sore" because he had not been re-
appointed law director. but Mr.. Huron
assured the counsel that he was not.
Rusk Is Called
NJ V Rusk of Brookf1eld, Mo-, was
placed on the stand to tell of con-
versations he had had with W. B.
Kirkpatrick, president of the order,
and of reports of fraternity interest
he had made to him.
On Pullman car out of Topeka he
aid ha MI of a
member of the order, who asked him
about the political situation and that
when he told him there was big
fight against Warner on account of
Miss Tilford. Gerard said. well, DIR.
Warner is considered sort of a ladies
man anyhow.
rs that all he said?''
well, 1 think so. His wife was in
the seat with him and he did not say
very much
Rusk told of conversation with R.
r. Smith which he reported to Kirk
patrick pertaining to relations with
Dolly Tilford, in which Smith said:
''Well the doctor is a pretty jolly fell
low when he is OUT
Buffman's Deposition.
A deposition from J. J. Buffman Of
Springfield, Mo-, who had come to To-
peka in April to see DR.. Warner about
business affairs was read. Buffman
had incidentally been in Kirkpatrick
office in the Security building accord
ing to the deposition when without any
previous reference Kirkpatrick attack
ed Warmers character "maliciously"
and drifted into the relations of Dolly
Tilford and the doctor. He said he was
told then about the Montreal affair.
Buffman was himself sent to Montreal
that spring of 1908 to get photographs
of the. hotel register, cash book, and
ledger for use by DIR. Warner to see
what kirkpatrick had against him.
These are all in the hands of the plain
tiff's attorneys.
DR.. B. S. Stewart, one of the mem
bers of the finance committee of the
order, from Bethany, Mo, told a con-
versation with Mr. Kirkpatrick in
which the latter mentioned Warner.
Captain Waters read to the jury
copy of the rules and bylaws of the
Knights and Ladies of Security, en-
phasizing the article that one member
shall not circulate slanderous remarks
and pamphlets about another member.
Kirkpatrick Denies All.
President Kirkpatrick, on the stand,
denied that he had circulated any
pamphlets or photographs and stated
that the photograph he had had made
was gotten by j. V. Abrahams and
kept by him in his office. The clerk
of the hotel, Roy Fuller, was repre-
sented by. deposition in which he
stated that DR.. Warner and Miss TIL
ford had been assigned to the same
room by mistake and they never occu-
pied the room at all.
The defense of the president as out
lined in his answer to the petition will
be on the grounds of his duty as presi-
dent of the organization. In that ca
pacity, he contends, it was his duty to
the fraternity to expose unworthy Of
ficers and secure their dismissal
WRECK ON CENTRAL BRANCH.