The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-10
Trial Resumed Today of CraW-
ford vs.. MacLennan.
Grand Owner Claims $4,000
Damages From Editor.
WATERS SENSATIONAL SPEECH
CrawfOrd's Attorney, DenOunc-
ing McKeever, Says:
''He Is as Infamous and Dis
honest as His Client"

fords VS.. MacLennan, was resumed
this morning in the First division of
the Shawnee district court. before
Judge Robert Carver.
L. NJ. and Roy Crawford, the plain
tiffs and Frank P. MacLennan. de-
fendant, were in the court room thru
out the proceedings today and sat
with their attorneys, the Crawfords
and their four lawyers on one side of
the table and MacLennan and Nc
Keever on the other.
The case was begun for actual trial
three weeks ago, Tuesday, February
II, but was suddenly suspended and
the venire. from which the jury was
being selected, excused for the time
being.
The suit is one for $4,000 alleged
damages by reason of articles printed
in the Topeka State Journal three
years ago. April, 1916, condemnine the
Grand Opera house for alleged de-
fective wiring. exits and film booths.
At the opening of the case again to-
day ]. B. Larimer, Joseph Waters, as
sisted by John Waters. asked the
court by motion to postpone case at
this time or reassign it for future
trial.
Sensational Speech.
A sensational speech was made by
: Joseph Waters declaring that the case
should be cor .inued by reason of ar
ticles printed in the State Journal.
These articles, Waters declared. were
lies" Addressing E. D. McKeever,
Mr.. MacLennan's attorney. and shak-
ing his finger at him, the veteran law
yer, Waters. said:
You are as infamous a lawyer as
YOUR client is infamous. Your client
should be tried for contempt of court.
He publishes these articles because
our client, Mr.. Crawford, has stage
hands on a strike at this time. You
have been no more honest than your
client"
During the excitement, John Wat
ers. attorney for Crawford pulled at
his fathers coat tails and endeavored
to quiet him.
Oppose Postponcment.
E.. d. McKeever, for Mr.. MacLennan,
vigorously opposed any postponement
of the case, saying:
I'VE are ready for trial now and ask
that the case be proceeded with.
1.-The case has been continued and
continued much to the loss of Mr..
MacLennan and injury to business
he must transact. Mr.. MacLennan
cannot transfer clear title to real estate
and has been unable to do so for
!. three years by reason of the notation
on the court records that a $4,000
suit is impending against him brought
by the CraWfords. A few weeks ago
Mr.. MacLennan had a purchaser who
agreed to buy at the price asked, two
vacant lots on the East side of To-
peka. The purchaser consulted
lawyer about the title and the lawyer
said the $4,000 was a cloud on
title and If Mr.. Crawford won the case
the property the man was buying could
be levied upon to help meet the judg-
ment''
The motion was argued at length.
McKeever saying propaganda of the
most vicious nature was in evidence
to t-aduce Mr.. MacLennan.
Here John Waters interrupted and
asked specific statements.
You. yourself, said in my presence,
near Sixth and Kansas avenue, the
other day. that Mr.. MacLennan was
crazy, had an alteration
Mr.. McKeever continued in arguing
against the motion of the Crawford
attorneys to postpone the case. saying:
IF there are anv grounds for post
poning this case. the issue would be
based upon the insidious propaganda
spread over this city. tending to dis
credit Mr.. MacLennan,
THE effort is to postpone this
Crawford case. which has repeatedly
been set for trial for so many years,
in order that -he case set for tonlor-
row may be tried first. This case
set for tomorrow only originated last
October. If the court, in its disCre-
tion. decides to postpone this case now,
he surely will be in honor bound
and we regard the court as most hon
orable-to also continue the case set
for tomorrow"
Two of the same attorneys are in
both cases
Judge Carver overruled Larimer's
motion to postpone the case. The
venire was called in and the examina
ton for a jury proceeded.
Examine the Jurors.
The attorneys went into much de-
tail in the examination of the Jurors
The principal questions asked were
whether or not the jurors had read
articles in the Topeka State Journal
about the case; whether or not. they
had prejudices against labor unions;
whether or not any one had talked tC
them about the same; whether OF not
there was anything that would keen
them from rendering a fair and inn
partial verdict.
The first juror examined by Iari.
mer was Perry Kosier, a farmer. He
stated that he~does not take the To-
peka State Journal and never read
any articles about the Crawford ca Sc
Samuel Sage, of Berryton, stated thai
he had not read the Topeka State
journal regularly of late but that he
believed he had read one of the edi.
torials. He stated that in no way
would it affect his sitting in the case
and rendering a fair and impartia
verdict.
H. C. Kibbee and S. G. Watkins were
both excused by the attorneys for The
plaintiff. L. l. Morgan, a Topeka rea
cState man who is now in business in
Topeka. formerly lived at Auburn
In answer to a question by McKeever
he stated that D. H. Bvennaman. tn,
new lawyer on the side of the plain.