The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-31
Liberty Loan Libel Suit for
$4,000 in Court Today.
Defendant GOES ON STAND
Frank p. MacLennan Had No
Malice Toward Decker.
Did All in HIS Power To Sup
port Liberty Loan.

ages because Of the publication of an
article in the State Journal boosting
the fourth liberty loan drive, was re-
sumed when Judge Robert d. Carver
convened the first division of the dis
trict court. The attorneys for the
plaintiff having rested their case. the
defense began the presentation of evil
dence to the jury today.
Before the defense began to examine
its witnesses, L. E. Decker, plaintiff,
was called back to the stand by E. d.
McKeever, attorney for the defendant.
Decker was asked about his sickness
following the publication of the article
on October IL, 1918. He said that he
felt sure the sickness was caused by
worry over the article.
Didn't you state on direct exam
ination that you did not know what
was the matter with you?" McKeever
asked
Il don't know what was the mat
ter with me- the witness replied.
isn't it.a fact that you swore to an
affidavit to collect benefits from the
Moose lodge in which it was stated
that you were suffering with heart
trouble caused by the flu" Mckeever
asked.
II do not know what was on the
paper I signed" Decker said.
The witness was asked if he did not
bond and if he did not say that the
war was doing him no good. Decker
denied this and also denied that the
other BARRIERS got after him because
he would not buy bond.
DIR. Jeffrey on Stand.
DIR. Warren Jeffrey was the first
witness called by the defense. He
stated that he had a conversation with
William Wolfe, State Journal report
err about p barber who did not sub
scribe to the fourth liberty loan. He
said he did not tell Wolfe who the
barber was.
Asked how he learned of this bar
Der, Doctor Jeffrey said that one day
when he was in the barber ship. he
heard Decker make the remark:
L have had about enough of this "
Doctor Jeffrey said that Mr.. Hypes.
proprietor of the Antiseptic barber
shop, then told him that Decker had
he heard it said that while Decker was
making more money than most of the
other BARRIERS in his shop, he had not
given enough to the war. The witness
said Hypcs told him this and that he
told Wolfe.
Didn't Tell Name.
On cross examination, Joseph Wat
ers tried to force the witness to say
that he told Wolfe the name of the
barber. Doctor Jeffrey stated en-
pha tically that he did not do this.
Waters asked the witness if he told
Wolfe Decker was going to be re-
ported. Doctor Jeffrey said that if he
had been a member of the committee
he would have reported Decker.
Then you are assuming to be a
judge of whether or not a man was
able to subscribe to the liberty loan
campaign" Wate $ asked.
Il believe that every man who was
lrir1 ,, i,txr fl1ll n
week should have bought one fifty
| dollar bond of every issue
Waters attempted to ask the wit
ness questions that Waters himself
admitted he had no right to ask. The
objections of Mckeever were sus-
| tanned.
f. F. Longenecker. reporter fv.- the
| Topeka State Journal. was the next
witness called.
| Court Warns Attorneys.
| Before proceeding with the exami-
| nation Judge Carver admonished the
attorneys that they would have to stop
| their loose talk and would in the
| future be required to confine their re-
marks to the court.
| Joseph Waters then got up and
said:
| only opportunity we have to talk
| We do not have a newspaper with
circulation of $4,000 that is an out
rage.
! McKeever asked Longenecker if he
was present in front of Campbelrs
/ drug store when DIR. Jeffrey and
| Wolfe were talking about a barber
The witness stated that he heard a
| conversation about a barber, but
heard no names mentioned.
| c. 3. Hypes, manager and prin-
| cipa1 owner of the stock of the Anti
/
| ness
Hypcs Tells Story.
| Hypes stated that he solicited sub
| scriptions in his shop for the third
| liberty loan and that Decker at first
! refused to subscribe because he said
| he could not afford it. He said that
! this was discussed when DIR. Jeffrey
was in the shop one day and that he
| told DR.. Jeffrey about it He said
| that later Decker bought a third lib
| erty loan bond
Illness Due to Flu.
| J. C. Mathews. secretary Of the
| Moose lodge. was called. He a:
asked to produce applications and re
eeipts for benefits paid to L. z. Decker
| by the Moose lodge
The application for benefits was read
| to the jury ami showed thai Decker:
physician said Decker's illness wa.
, heart leakage caused by flu" Thi
| application was then given to the jury
/ for examination. De -ker had testified
his illness WIS caused by the article
in State Journal
| Wolfe Tells His Story.
William D. Wolfe. the State Journa
I reporter who wrote the article on Oc
tober IL. 1918. was the next witness.
/ He stated that his duties in Octo
ber. 1918. were those of covering
the liberty loan drive and that h
wrote numerous stories every da,