The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-26
Attorneys in Day Injunction
Case Get WrOth.
DOran and McKeever Exchange
Bitter Personalities.
MAKE IT UP AFTERWARDS
Labor witnesses UnfriendIy to
Mayor Billiard.
Case Likely to Continue Into
Next Week.


way company and the labor unions in
the district court was dismissed this
afternoon on motion of attorneys for
the street car interests. The railway
attorneys stated that the evidence of
Ezra Day, union organizer, admitting
that all newspaper articles threatening
a boycott against the railway company
were ''hot air. was sufficient to prove
to them that the ruIaOred boycott was
only farce.
Witnesses on the stand today proved
that no official action had been taken
by the labor unions to boycott the
street railway or the Edison company.
With this evidence in view the case
was dismissed.
Attorneys Tom Doran and Ed Nc
Kc. almost came to blows this
morning at the trial of the street rail-
way injunction suit in the district
court. The two attorneys faced each
other with doubled fists until order
was restored by Judge Dana, who
threatened to dismiss the session. Prior
to the hearing Frank Cosgrove labeled
McKeever with a name unforgiVable
in legal circles. Immediately following
the testimony of Clarence Sharon, Nc
I<eever's Irish blood arose, and he hotIy
retaliated by glaring at Cosgrove and
referring to him a ''wart." For d
few minutes the two attorneys waged
a war of words.
Il would use stronger language than
that" muttered McKeever, except that
there's a lady in the ROOM
Use as strong language as you like, -
retorted Doran, this is the first
time rye been insulted in the open
court
-'Orderl Orderl'' thundered the judge.
pounding the table, If We cannot have
order, gentlemen, the case will be dis
missed until Septemebr."
The attorneys maintained warlike
silence, and the next witness was call
ed
Doran and McKeever met in the noon
recess, talked it all over, shook hands,
and forgot their unpleasant relations.
Day and the Detectives.
At the cross examination Thursday
it was shown that Day came to To-
peka in response to an invitation from
the secretary of the Labor Forward
movement; he came alone, but was fol-
lowed from Kansas City by three de-
tectives, and a dozen or so local spot
ters who have been dogging his foot
steps even since. The most important
part of the testimony evolved from
Days statement that he had never
mentioned the word boycott to his
attorney, or contemplated it in any
way. It's mention in the press was sim
ply hyperbole.
At the hearing this morning Day
was questioned concerning his inter-
view with Mayor Billiard, in witch ne
demanded protection from the spot
ters, who were annoying not only him
self, but his landlady and his friends.
Day also asked aid of Policeman San
ders who was unable to help him and
who, it was alleged, declared. Pm in
the same boat as the street car men,
1 can't do my duty. I have to do as
I'm told
When asked if he had melted the
public against the mayor, Day hesi-
tated.
1.-The working people should not vote
for Billiard he declared.
at is your custom to keep track of
people in politics friendly or unfriend
1y to the union. That is what you have
been doing, is it not?' McKeever asked.
Day agreed.
That Word Boycott"
The second witness called was Mr..
Arthur B. Curry, machinist work.
ing for the Industrial Council. He had
been discharged six years ago bv the
Nashville Chattanooga & st. Louis
railroad because of his connection with
the labor union. He swore that he
had never heard the word boycott
mentioned until he read it in the pa
per.
Next Clarence Sharon, recording and
CORES ponding secretary of the Indus
trial Council, took the stand. He said
he had taken no active part in Day's
organization, and considered it an in
jury to the association to publish such
articles as Day had caused to be
printed.
It was at this point that the aIterca-
tion between Doran and McKeever oc-
CURED. After the restoration of peace
L. F. Filson was called, and testified
concerning the report, written by him.
in which the following statement oc-
Cured: Three thousand union labor
ers of the city will e asked JULY
to vote on the proposition of a general
boycott of the Topeka Street Railway
whole report was, in substance, exactly
what Day had said.
w. T. Luce, the next witness, SEEM
ed to have no important information
bearing on the case. DR.. A. c. sloan
president of the Industrial council, de-
clared: ''It is not in the province of
the organization to order a boycott
Mr.. Day, not being a member of the
council, could, of course, offer no
other witnesses had done. that Nc
Keever was not a member of the
council and had never been invited to
attend its meetings.
DR. Sloan admitted that Days news
paper articles might be injurious TO the
Topeka street railway, but that the or
ganizer had been so harrassed pur-
sued and bounded that unusual con-
duct might be expected.