The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-04-02
Shawnee County Jury Again
Gives State journal Verdict.
Barber Decker Denied Damages
i'm His Libel Case.
THE Defendant WAS ABUSED
Joseph Waters Also Cursed
Jurymen After the Verdict.
Two Newspaper Victories I'M
pOrtant to "Free Press"

For the second time in two weeks
jury of twelve Shawnee county prop
erty owners has shown its emphatic
disapproval of the efforts of certain
lawyers and easy money seekers to
muzzle the public press by making it
hazardous for a newspaper to publish
articles in which the safety of the pub
lie is concerned and articles intended
to aid patriotic cause and save the
good name of the community. The
first time was in the Crawford Mac
Lehman case last Friday a week ago,
when the jury rendered a verdict COM
pletely vindicating Mr.. MacLennan
and commencing him for publishing
an article in which the reports of Off
cials stating that the Grand Opera
house was unsafe were made public
The second time was late Tuesday aft
ernoon when the jury in the Decker
MacLennan case returned a verdict
in favor of Mr.. MacLennan.
If there is any degree of difference
the second vindication was more COM
plete than the first, as, in order to find
for Mr.. MacLennan, the jury practi-
cally had to disregard the instructions
of Judge Carver. which were consid-
cred strongly in favor of the plaintiff
Decker In the first case L. NJ. and
Roy Crawford were seeking $25,O0O
damages from Mr.. MacEennan be-
cause of the publica tion about the
Grand Opera house, and in the second
case L. E. Decker, a barber, was seek
ing $4,000 damages because of the
publication of an article, without
names being mentioned, in which it
was stated that barber between Sixth
and Eighth streets had not subscribed
to the fourth liberty loan.
Defendant ViIeIy Abused.
In both cases. the lawyers repre-
senting the plaintiffs-Waters and
Waters in both cases and j. b. Lari-
mer and D. H. Branaman, another
lawyer in the Crawford case and j. E.
AddingtOn in the Decker case-relied
upon malignant abuse of Mr. MacLen-
nan as much as upon the evidence
they had to offer and he was daily
subjected to caustic criticisms and
harsh abuse. In both cases Mr.. Mac
Lehman was represented by L. d. Nc
keever, who handled the trials alone
and refrained thruout from the use of
abusive language and impressed upon
the jury that his client wished to be
absolutely fair and had nothing to
hold back or try to conceal.
The trial of the Crawford case took
up practically two weeks. The Decker
case was begun on Thursday of last
week and proceeded without interrupt
. ton until Tuesday afternoon at AIS,
when the jury brought in its verdict.
The introduction of testimony was
completed Monday afternoon, and all
of Tuesday morning was taken up
with arguments of the attorneys be-
fore the jury. The jurors began their
deliberations at 1880 Tuesday after
noon.
Much Abuse Endured.
In making their arguments before
the jury the attorneys for Decker
were most pronounced in their abuses
of Mr.. MacLennan. Addington charged
him with cOwardice, stating that he
would not resent a slap in the face,
but would retaliate following such an
act by publishing a libelous article
about the man who would slap him.
He referred to the handsome, classic,
fire-proof and modern State Journal
LContinned ON Pa0e Two !