The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-01
When Lawyer Applied Short
and Ugly Word in Court.
ORDERS TOTAL DISARMAMENT
Judge Dana Interfered With
Sensational Scene.
Witness Apologized to Every
one Except Waters.

court this morning. A badgered wit
ness called . lawyer q liar. The suit
on trial stopped all Of sudden, the
jury was discharged and the case con-
tinued until the parties in the action
had time to cool.
M. F. Laycock, q Topeka attorney
and plaintiff in the action against
Marcus and Susan Stephenson, was the
witness who used the short and un-
beautiful word. He applied it to Capt
Joseph G. Waters, dean of the Topeka
bar. Captain Waters grasped a mas
sive ink-well and offered to heave 1t at
the witness head but Judge Dana
interfered. The witness apologized to
the court and to the jury for the use
of such language. His failure to in
clude Captain Waters in his apology
caused the captain to reach for the ink
well again. The court made an order
morning session of court broke up.
A line of questions delving into the
extent and character of Mr.. Laycock's 8
business as a lawyer was what pro-
voked the display Of temper in the
court room. 1t didn't bear directly
upon the issue on trial. The suit of
Laycock against Stephenson appears
on the docket for a second trial, q
new hearing having been ordered by
the court after it had been lost by the
Tie 1ISt tIlUc tHIOu8 II
what were ruled to be improper find
ing by the jury. It is an action to re-
cover attorney fees for services per-
formed in settling an estate originally
left by the late Mrs. Catherine
Thomas.
The property involved was in the
country near Dover and the original
differences grew out of q will. Mrs.
Stephenson was one of the heirs. Lay
cocks suit was for pay. for legal aid
in obtaining control Of the Stephenson
equity in the Thomas estate. Owing
to difference over the fee he had
not been settued with.
I.aycOck on the Stand.
Laycock had been put on the stand
by his attorney, w. H. -Cowles. and
had been turned over for cross-exam-
.ination to Captain Waters, counsel for
the other side. Captain Waters in
uufred after the name and occupation
of the witness and continued:
will you name case which you
now have in the district court of this
county?"
The witness named one.
Name another"
The witness named another. 1t was
evidently the one for which the ex-
aminer was fishing for he pursued by
asking:
did you not, after filing the petition.
change the name of the plaintiff in the
papers filed in this court, without the
knowledge or consent of the plaintiff
or anybody else SO as to make it appear
that you were the owner of the prop
erty involved in the action instead of
your client?"
Called Waters q "Iiar."
You're a liar was the retort,
Captain Waters reached for the ink
stand, weighing about two pounds.
which is usually to be found on the
Io~ III, %hn
Take that back he thundered. "or
I'll put this at your head"
Judge A. w. Dana interposed. direct
ing the irate examiner to sit down. and
turning to the witness with the ques-
ton:
..Mr. Laycock. 1 didn't understand
whether you intended to apply that
language to the counsel or to his in
formant."
Il meant him. said Laycock. indi-
eating Waters.
Il can't in Justice to this court or to
anybody in it permit such language to
, be used here. I will ask you to with
draw that statement and apolOgiZe.''
Your honor said the witness. Il
withdraw the statement and apologize
to the court and to the jury"
THAT means me again." declared the
venerable counsel for defense and he
renewed hostile demonstrations.
But Judge Dana was equal to the oc-
casion.
Captain" said he. 'I think I can
handle this situation alone. You gen.
tlemen are in no frame of mind to pro-
ceed with the hearing Of this case and
1 shall discharge the jury and continue
the matter until another term Of court
i or until the courts directions in this
matter can be fully Observed
| The witness refrained from any fur
! ther remarks, and having ordered court
adjourned, Judge Dana withdrew to his
| chambers, leaving the lawyers to gath
| er up the papers in the case and &C
home.
nA"1H M 4 TDR1A