The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-13
Crawford VS.. MacLennan Dam
age Suit Still in Court.
Minute Details Go Into EXami-
nation of Witnesses.
DEFENSE SCORES A POINT
Theater Books Show That Ar
ticIe Didn't Hurt Patronage.
Roy Crawford and Other Wit
nesSeS on Stand Today.

IN Wnlcn Inc amusement SyHulCdle
Go. and L. NJ. and Roy Crawford are
suing Frank p. MacLennan for S25,OOO
alleged damages because of the publl-
cation of an article containing city and
state inspectors reports on conditions
of the Grand opera house would not
be completed before the end OF the
week, if then. Minute details were
being gone into in the examination OF
witnesses and the plaintiffs had sew
eral to put on the stand before resting
the ease.
Roy Crawford was again called to
the stand this morning when court
convened by attorneys for the PLAIN
tifsf He told the jury that when
formances ran more than one night
the attendance was usually smaller on
the first night than on succeeding
nights He admitted that the attend
ance at ''The Battle Cry of Peace" in
creased after the first night and after
the publication of the article in the
State Journal, but said the increase
was not large as it should have
been, in his opinion.
The witness said on cross eXamlna-
ton that the picture 1.-The Battle Cry
of Peace" compared with the Annette
Kellerman picture that had been
shown at the Grand
He was then asked to com pare the
attendance of the two shows from the
records The Annette Kellerman pic
ture drew III patrons the first night.
On the second night the picture drew
2S6, against 235 people drawn by The
Battle Cry of Peace" the second night.
McKeever asked if it was not a fact
that Annette Kellerman appeared in
her picture in almost no clothes and
that he picture was a favorite with
men, packing the house with them to
the exclusion of women. He asked II
it was not hard to tell whether or not
she had any clothes in her diving act
You were there and ought to
know" the witness said.
Il don't knew whether I was there
or not. but l 90 know l saw some of
your posters on the street advertising
the show and 1 had to cover up my
eyes"
Il do not believe that" Joseph Wa
ters, opposing attorney said Il think
that is a statement in error"
Mr. McKeever again asked the wit
ness if any. show refused to book at
the Grand because of this article.
Roy Crawford admitted that She
could not produce a single letter show
ing that an attraction refused to come
to Topeka because of the statements
in the published reports of officials
McKeever then went thru the
Grand receipt books and questioned
the witness about the crowds and the
booking of the attractions from April
until the end of 1916 and during the
previous and succeeding theatrical
seasons.
. tor, was the sixth witness called. He
stated that he runs the Topeka Elec-
trio company at SIG Kansas avenue.
Wiring in Grand.
Berry stated on direct examination
that he examined the wiring of the
Grand shortly after the publication OF
the article in the Topeka State Jour
nal The witness stated that there
was open wire work i'll 1916 and that
this was not standard in 1916 be-
cause the city had passed an ordi-
nance requiring that wires be placed
in metal tubes, pipes or conduitS
Open Wires Under Stage.
on cross examination the witness
said the wires were placed in conduits
to make them safer. He said he found
open wires all under the stage and
some in other parts of the building
He said he did not know whether OF
not there were loose hanging wires al
the time he made his examination. He
said that the structure under the stage
where the open wires were was wood
work. He said there was a network
of wires under the stage.
Berry said that if there were any
telephone wires used for electric Iight
wires, he did not remember it. He
stated, however, that if telephone
wires were used, there would be dan.
ger of burner up the insulation thru
overlooking the wires.
T. w Martin, present city elect1lc ga
inspector, was the next witness called
by attorneys for the plaintiffs. Tn,
witness explained what open worl
was. He stated that it is a part o
his duty to inspect theaters of tn
city.
Afternoon Session
Martin resumed the stand whe
court reconvened at 1880 this after
noon and on cross examination told @
the difference between fixture wire
and regular circuit wires, telling hoy
fixture wires would overhead if Ioade
with full circuit wire load.
Sam Kerney was the next witnes
called by the plaintiffs. He state
that he was electrician in the EN-
pIoy of the Crawfords for more tha
eight years. He stated that he wa
with the Grand until June, 1915, an
that it was his duty TO see that til
electrical apparatus and wiring wel
in good order. He testified thes
things were in good condition up /
the time he left He said all the sta g
wiring was open knob and cleat wor
when he left.
Mr. MacLennan was pra-ont in III
court room for a few minutes earl
this morning. but he asked his attol
ney to excuse him. saying that he ha
spent the entire day. for the past thre
days. in the court room. having onl
before O'Clock in the morning II
recess hour at noon. and the tin
after in the afternoon in which
give attention to his daily newspapeI
that his secretary and stenograp pht
has been sick at home for a weeI
that there are others in the office WI
are sick; that his business was su
fering by being ne 'ected. and that in
portant and -ital matters hing u
today require his personal attentio
That he was prepared to presel
any time the court desired. but othe
wise would he a ahSept most of tho a. -