The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-31
DEFENSE TO JURY
tContimue1 from Page Une.l
Afternoon Session.

Afternoon session.
Dr. II. II. Stewart was called TO the stand
when court convened for the afternoon
session at 80. Doctor Stewart told of his
sp anu lie was them sked 10 ,aii
what caused leakage OF the heart lie
stated that he was certain leakage Of the
mental attitude. He said that leakage OF
the heart is purely mechanical ailment.
would not ordinarily make man SO i'll
that IL would put him TO bed
of a ba rbcr shop on Kansas avenue. was
the second witness called this afternoon.
He stated that he was employed ia the
De Luxe barber shop In October. 1918. and
that he had n conversation with william
y. Wolfe. State Journal reporter. about
barber who had not subscribed to the
liberty loan. He said he told Wolfe he had
heard the barber in question had been
strong-armed. Clark said he did not be-
lieve he told Wolfe the name of the barber.
Clark said he told Wolfe he had heard that
this barber had 5000 invested in building
heard Decker say something about II not
mattering about the war all men wouid
have the same social standard no matter
who won the war.
Frank T.. MacLennan on Stand.
Frank =. MacLennan. the defendant. took
the witness stand Mt 10. MIR. MacicnnHu
stated that he has lived in Topeka fur
thirty three years and half. In answer
to questions. Mr.. MacLennnn stated that lac
was educated at the University of Kansas.
He said that he taught school before he
he worked In the harvest fields. went out
with engineering parties and then got in
the newspaper business. lie stated Thar
he first went into the newspaper business
at Emporia, where he remained for about
seven yenrs. Mr.. MACEDONIAN said he also
worked in the postoffice ut Emperia for
some time.
Published Trench and Camp"
Mr.. MacLennan told the jury how he
published paper called Trench and
C.sip for the benefit of soldiers at Camn
hal l.ano .s-ff
remuneration to him
The witness was then asked to explain
the way different editions Of the Stat.
Journal are gotten out each day. This he
did In detail, telling how the news l. got
printed. He told how Important news
that comes In too late for one edition is
printed In the next and how the pages
are rearranGed to make room for this later
news
The witness was asked about peace
advertisement that was psbiIshed during
the early part of the war. This advertise
ment was introduced by McKeever at
torney for the defendant, and read to
An editorial explaining tile publication
OF the advertisement which appeared on
the dny after the advertisement was pub
iished was then read to the jury by Mo
keeyer after ii had been Identified by Mr..
.IacLennan-
Assisted in Loan Drive.
Mr.. MacLennnn told the jury that dur
ing the fourth liberty loan camuaign aud
during the week of October II. 1918 there
was apprehension that Topeka and Shaw
nee county would not furnish their auafn
He said that personally aud thru his
newspaper he was doing all he could to
help make the loan drive success. lie
that he assisted thru the of his news
paper columns lie told how reporters
loan drive and that editorials were writ
ten by himself and by Mr.. Carruth and
Mr. Brown. editorial writer. to aid in tine
campaign
Was Friendly with Decker.
Mr., MacLennan told the Jury lie was in
Topeka on October II. 1918 the date Of the
publication OF the article referred to. lie
Of tho State journal when the article was
sent down but that he did not read u thru
until after II was published because he
know MIR. Carruth had read II. He testi-
fed that he did not know to whom the
article referred until after It had been
Mr. MacLennan testified that he had
always been on friendly terms with Decker
lie told the jury there was no reason for
the publication of the article other than
that u was INTENDED to assist in the lb-
Mr.. MncLennan stated that on the day
following the publication Of the article
stated that he left for Colorado AT neon
and TINT before he left the city Decker
did rot come to him to ask for Il cor:
rection or explanattoB-that be did
not see Decker at all.
On Cross Examination.
ON cross examination. Mr. MacIennan
asked IL he ever published retrnc-
tinn for Mr.. Decker
we published his side Of it, SIR. Mac
Lehman said.
ibid you ever publish an apology or
retrnction:" john Waters asked.
MIR. Decker did not ask II. Mr.. Mac
Lehman replied. Aud be has never apOl-
ogized to me for all the troJbIe and ex-
During the cross examination Of Mr.
HacI.eDnan. John Waters several times
attempted 10 become abusive to the Wit
ON several occasions Mr. MaeI-ennan APP
pealed to the court 10 asreriniu whether
or not he had 10 answer '-rrtHin questions
him.
You do not have to do ~ II these ques-
ti"ns are objected To-. the court told SIR.
ject and the court would sustain THE OBJ
iectious.
on further dIrert examination Mr. Mne-
Lennan stated that be was 10 Cascade
Colorado. wnen the suit was filed. lie
stated that Mr.. carruth ssni copy II
Isccker's petition TO him while be was n
Colorado. &r. Hrkeeyer then attempted
TO show instructions that Mr.. NarIentan
sent Nr. tarruth aud that no explanation
was published on advice of counsel hut
attorneys for the piaiBfiff eble.-fesI and
their objections were sustained. The frls-
gram sent carruth from Colorado WIS theu
At 20 the court took n 10 minute lef--..
Whey curt re-oHreDed Mr. AaeI>~nua1
WIS stfll .he stand.
arkeever asked the witness II there were
not other stories abOut others who sub
srribeb reluefHBtiy to the liis.Tfy lnan lie
io!d the jury there were other articles q
this nature.
on the completion, ~ Mr. 5-st>nnsns
test snony the siefenfsat r-st.s. ~ go
Judge Carver nnished ri 4is. his in
! s:fn~iions 20 the jury at fi.s 9s.i,,.-k III.
afternoon The jury then was si-rnf-s~.i
| nnill "'eiork Tuesday morning wh~n TIE
attorneys viii make their arguments