The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-17
Crawford VS.. MacLennan $780,
900 Damage Case on Today.
Defense Has List of Six Wit
neSSes to Place on Stand.
W0ODHULL FIRST ON STAND
President Electrical Union Tells
of Wires on the Stage.
j. G. Collins Says Theater Wir-
ing Was in Bad Condition.

When Judge Carver reconvened the |
first division of the district court this |
morning the examination of witnesses
was continued in the case in which L.
NJ. and Roy Crawford are suing Frank
P. MacLennan for $4,000 alleged
damages for the publication of an ar
ticle on April II, 1916. containing in
spectors' reports detailing the condi-
tions of the Grand Opera house. ].
R. Woodruff. expert electrician with
the Jordan Electric company. the first
witness called by the defendant, was
still on the stand under cross exam
ination.
Woodruff resumed his testimony
about the border lights. He told of
the cable that carried the current to
these lights and of the protection fur
nished the lights before and after he
rewired the stage. He stated that he
frequently ran lights at the theater
| when there were big shows that de-
| manded several light operators.
Attorneys for the plaintiffs asked
the witness if he did not consider it
his duty to tell Crawford of any de-
| fects he saw while working there as
| light operator. He said he did not
| and did not believe suggestions from
| him would have been favorably re-
| ceived. He said that when he was
| working the for SO cents for several
| hours work he did not consider it was
a part of his duty to act as an in
spector.
| Woodruff was asked if he was
member of the Electrical union and
said he was president of it. He was
asked if he was not in sympathy with
the strike that theater workers are
now carrying out against the Craw-
| fords.
| Between Mr.. Crawford and Mr..
MacLennan 1 have no sympathies,"
the witness said.
Then you sorter have it in for
both of them?" the witness was asked.
"I wouldn't lie for either one of
them" he answered.
T. w. Martin. city electrical ,inspec-
tor, was recalled to the stand by the
defendant to answer questions about
/ the reports made on the Grand.
/ McKeever then offered in evidence
the docket of the city court of 1909
showing that the Crawfords were ar
rested for failing to comply with city
orders to put the Grand in safe con-
dition.z
The court sustained objections of
the counsel for the plaintiffs on the
grounds that this was not material
to the case.
1t was the opinion of attorneys this
|
completed before the middle of the
week. The defendant was expected to
call at least six additional witnesses
land counsel for the defendants had
given notice they expected to go into
many details in the cross examination
of some of these witnesses. The case
was begun last Monday morning and
practically all of last week was taken
up with the examination of witnesses
5 for the plaintiffs.
| j. G. Collins on Stand.
. ]. E. Collins. of Omaha, lNeb., for
mer deputy state labor and factory IN
, spector. was the next witness. Collins
stated that he was asked to come to
E Topeka to testify and was told that he
would be paid his expenses and the
t amount he would lose while away from
his work in Omaha. He stated that
t ha and made about seven dollars q
s day.
t Collins was asked if he were en-
r ployed at Omaha in North American
l hotel He said not.
r Asked when Mr. MacLennan frs
talked with him about this case. h
T said last Friday. the day after he ar
n rived here to give his testimony.
t The witness stated that he was con
L nected with the state labor commls
t sioner's office from 1913 until the lat
;. ter part of 1915, when he resigned o
; about April 8. 1916, he made an in
j. spection of the Grand opera house fo
5 the state along with Paul Mcbride
state labor commissioner. the city elec
trical inspector and Others
= Mckeever. attorney for the defend
r ant, asked the witness about the mat
: ter contained in his report. Collin
: stated that his report in which it wa
e asserted there was open knob ant
IT cleat work was correct. He said tha
e in his opinion the Grand was in
dangerous condition to wiring AM
e that it dhd not comply with the cod
Il under which inspections were made a
l. that time He said that he was fol
: lowing the law under which his de
/ partment worked.
= Afternoon Session.
" Court reconvened at 1870 with Col
d Inns still on the witness stand unde
cross examination. He stated agai
l., that new work had been done on tn
e stairway since he made his inspectio
If in 1916.
s Inspector on Stand.
l. William Cawker, deputy inspecto
= for the Topeka fire department. wa
lie the next witness He stated that h
le has been connected with the fire de
Ie partment for sixteen years and that h
y was inspector during April. 1915:
The witness was shown copies {
communications sent to the Crawford
Il rela tive to improvements at the Gran
required by the city authorities A
n torneys for the plaintiffs objected
admitting these communications an
their objections were sustained.
N Booth in Bad Shape.
al Cawker stated that he was presel
/ when the Grand was inspected
April. 1916. and that he examined Il
moving picture booth. He said TIL
the booth was in very bad conditic
,r and went into details of these cond
tiosn, stating that he found maj
holes in the booth.
al Cawker said the booth had bes
to taken down and set up so much.
as was practically wreck He then to
how films are liable to catch fire al