The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-11
Defendants Lawyers i'm TilfOrd
Suit Hit at Warner.
Makes Charges Against Doctor
in Outline of Defense.
HIS ARM ABOUT HER.
Bill Says Couple Spent Day
Alone on Island.
He ButtOned Plaintiff 8 Dresses
and Acted Lovers Part.

The second delay in the Tilford-
Kirkpatrick damage suit on account of
the filing of an amended answer to the
| petition, was experienced today when
the case was adjourned until Monday
morning, to allow counsel for the plain
| tiff time to consider it. Counsel for the
defendant yesterday asked until today
to file an amended answer setting forth
what they wished to prove. The appeal
came at an unusual time-after the
plaintiffs evidence was all In. The
plaintiffs lawyers will present de-
murrer to parts of the new answer and
argue it this afternoon.
The purpose of the last answer pre-
ceding the testimony for the defense
of kirkpatrick is to show that Kirk
patrick had had information which led
him to believe what he said Of Miss TIL
ford to be true. The court allowed the
paper to be filed because 1t might let
in evidence tending to show the condi-
ton of the defendants mind and his
belief that he spoke truth.
The paper contains a dozen typewrit-
ten pages and asserts what has been
indicated in the croSS-examinatiOn of
Miss Tilford and which she denies.
1t is alleged that informants told
Kirkpatrick before the time he made
his charges against DR.. Warner and
Miss Tilford that the physician and
Miss Tilford were seen together alone
in the Fraternal building at ST. Louis
during the Worlds Fair in 1904 and
that their demeanor was one of great
affection.
That during a fraternal congress at
Mackinac Mich, the plaintiff and Dr.
Warner had gotten off a pleasure ex-
cursion boat at a small island and
spent the day alone, and that their con-
duct on that occasion became matter
for much criticism at the congress.
That the doctor and Miss Tilford oc
cupied adjacent rooms in the Grand no.
TEL a resort hotel at Mackinac, and
that their conduct there was such as to
give rise to gossip, and showed more
than ordinary friendship; and that the
couple took frequent drives and walks
together, expressing an affectlonate re-
gard for one another
That during their stay at the Grand
in adjacent rooms, DR.. Warner assist
ed Miss Tilford in fastening her clothes.
That in Chicago in 1906. the doctor
ACCOMPANIED the plaintiff. otherwise
unaccom panied to various restaurants,
cafes and other places and that their
conduct on these occasions was of
familiar and affectionate nature.
Had Other Reports.
That kirkpatrick had further re-
ports. of DR.. Warmers conduct with
other women around the hotel.
That the doctor had taken various
liberties with lady applicants for men,
bership in the society while he was
medical director with offices at Chi
cago.
That at the Sherman house in 1904
at a meeting of the fraternity, the doc
tor had become involved in difficulties
on account of his conduct.
With regard to the Montreal affair,
Mr.. Kirkpatrick is said to have seen
the Welland hotel register and seen
the attitude of the persons who knew
or heard of it and that the couple
themselves bore an attitude of love and
affection.
It is alleged that the plaintiff was a
guest for a day or two at Montpelier,
VT, of DR.. Warner on the return from
the side trip to Boston from Montreal
That on the trip from Topeka to
Kansas City starting for Montreal DR..
Warner sat in a seat with Miss Tilford
with his arm affectionately around her.
Nothing contained in the answer is
a surprise to the lawyers for the plain
tiff as they had previously known all
those things to have been said and who
said them. In fact all of them were
indicated in the cross examination of
Miss Tilford. They will take time this
afternoon, however, to argue the COM
potency of some of this evidence oom-
ing in at this time.
1t is claimed as noticeable in the
new questions in paper that the cross
examination of Miss Tilford in re-
gard to DR.. Warner introducing her to
E. B. Merriam as his niece are not to
be brought up again. 1t is said that
Mr.. Merriam denies the allegation and
will not stand behind it.
Warner Denies All.
DR. Warner denies all the allegations