The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-17
HOT WORDS FLOW
Attorneys i'm Tilford- Kirkpat-
rick Suit Sum Up.
SWitzer Opens for Plaintiff With
Strong Address.
JURY is INSTRUCTED.
Judge Dana Outlines Kansas
Law Governing Case.
Remarkable Speech by Col. j. G.
Waters.
The Case Is Submitted at l 80
This Afternoon.
JURY is INSTRUCTED.

Argument of the long drawn out
libel suit of Miss Dolly M. Tilford for
$4,000 from w. B. Kirkpatrick, pres
ident of the knights and Ladies of
Security, was finished at noon today
and the jury sent out to deliberate
this afternoon.
The argument of council was begun
yesterday when five hours was decid-
ed upon as the allotted time. The
feature of the trial was the closing
speech of Capt. Joseph ]. Waters,
who has had charge of the case for
the plaintiff.
Instructions of Judge Dana to the
Jury, in the Kirkpatrick Ttlford suit,
were delivered at 3:45 o'clock Wednes-
day afternoon and base the action on
the same grounds as designated in cours
decision on a demurrer formerly pre-
scented. These are the first. second, and
having been cas-. out on the demurrer.
The Arst and fourth are libel counts
nd the second SANDER. The first coun1
concerns the alleged circulation OF the
photo of the Welland-hotel register by
Mr.. Kirkpatrick prior to the gath OF
December. 1908. The second, the alleg-
ed slanderous remarks which accom- =
PANIED every exhibition of the photo
graph. The fourth concerns, the alleg-
ed exhibition of the picture to ]. A
Buffkin during which Mr.. Kirkpatrick
IS said to have denounced DR.. Warner
claiming that he was in room in the
Welland hotel over night with Miss
IiIford ard stated he could prove it.
The third count concerned alleged SIAN
derous remarks made by the defendant
il his office in the presence of Mr.. Buff
kin, NJ. 7. Rusk and Frank Miller.
To these allegations. the judge ex-
planned. kirkpatrick had entered a
general denial admits exhibiting the
photograph but denied uttering SANDER
Gus remarks and saws that If he did
say those things he did SO in good faith,
believing them to be true and constltut-
ing what is known in law as priv
lege communication.
Any libel or SANDER which occurred
more than a year previous to the bring
ing of The suit would be barred by the
statute of limitations instructed the
judge.
The plaintiff would offset the claim
Of privilege by the rules of the knights
and Ladies of Security.
Libel was defined as malicious false
hoods circulated or made public by
writing, printing, signs, or pictures to
deprive a person of reputation, fair
name, of social standing.
SANDER was defined as a defamation
Of character by words or signs.
To exhibit a photograph of a hotel
register and declare two names thereon
as a married man and single woman
occupying the same room If false, was
declared libel, and to say a married
man and a single woman occupied thu
same room constituted Islander, if not
true.
sPriviIege'' Explained.
Privilege" of the case was the right
of Kirkpatrick to show the photograph
to any members of his own order that
he might defeat DIR. Warner for re-
election so long as he did it without
n alice and exhibited it to none but
members of his own order.
Duty of Kirkpatrick to his lodge was
a defense set up with the claim that it
was his duty to his fellow members as
their head to denounce DR.. Warner.
Malice was said to be not only i'll
will, but any mischievous action with
intent to injure another in any way or
to show an i'll feeling against one.
To find damages at all, the jury was
instructed that first they must find
some actual damage has been done the
plaintiff, and that thereafter, no matter
what the amount of actual damages,
the punitive damages or SMART
money could be fixed at any figure de-
sired under the petition.
Time OF argument was set at five