The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-19
TOTHE JURY TODAY
Attorneys End Arguments in
Crawford -MacLennan Case.
Longest Civil Trial in Months
in the District Court.
SENSATION IN COURT TODAY
Larimer Makes Infamous
Charges Against MacLennan.
Shouting to Jury, He Says: "He
Bought Inspector Collins"
Collins Is State Officer Who
Made Official Report.
SURPRISE is SPRUNG IN CASE
State journal Printed Story of
Warming to Theater.
This Despite Plaintiff Claim
That Nothing Was Known.
Outcome of Interest to Public
as Well as Newspaper.

The case in which L. NJ. and Roy
Crawford are suing Frank p. MacLen-
nan for $4,000 for alleged damages
for the publication of an article con-
tanning reports on the condition of the
Grand opera house was expected to go
TO the jury today. When court con-
vened at o'clock this morning, the
attorneys were all ready to begin their
arguments.
Instruction to Jury.
Judge Carver, in giving his instruc-
tions to the jury set out the issues in
the case and described and defined
libel
The Judge told the jury that if it
considered the evidence established
the truth of the article that would be
a complete defense.
AS to the privileged character of
the article. the court instructed the
jury that if the evidence showed thar
the article was published to inform
the public and without malice, it was
privileged. regardless of it's truth or
falsity
The jury was told that the publica-
tions subsequent to the alleged libel
GUS article could be considered only to
indicate malice.
The court defined the word Con
demned' and then told the jury that
the publisher ef a newspaper had no
privileges NOT enjoyed Dy OlleF per
sons as to the publishing of libel.
The jury was told that if verdict
should be returned for the plaintiffs
the amount allowed for injury to bus
mess should be the actual damages
sustained not exceeding $4,000 and
that the amount for damage to prop
erty should be the actual damage sus-
tanned not exceeding $4,000.
The jury was instructed that it
would be impossible to return a YER
dict for exemplary damages until after
actual damages were established.
Five Hours For Argument.
The court announced that two hours
would be allowed each side for arSu-
ments. but Joseph Waters insisted on
more time and two hours and half
was allowed each side.
j. B. Larimer made the opening
argument fer the plaintiffs and re-
viewed the evidence introduced by
plaintiffs.
Larimer referred to the fact that
the Crawfords testified they had paid
Mr. MacLennan close to $4,000 for
advertising and then he asked the
Jury to give some of this money back
to the Crawfords in the form of dam
ages
This is the second attorney to use
this violent language in referring to
the defendant Testimony shows dur
ing the trial that Joseph Waters, one
of the Crawfords four attorneys, point
ed his finger at E. d. McKeever, the
defendants attorney. and said in a
loud voice: You are as Infamous and
dishonest as your client-'1
Larimer referred to the way the To-
peka State Journal procured copy
of the state report from the state Ia
Dor commissions office.
THE defendant wants YOU to be-
lieve his reporter got the report from
J. f. Collins. a deputy of the office
If Collins gave out the report he did
it in violation of his oath of office
Charges MacLennan With Corruption
why would he do this" Larimei
asked. Then he said: "Why he was
corrupted-they bought him to give il
out and l charge that they did,
Larimer referred to this further and
asserted in loud voice to the jury
that Mr.. MacLennan sacrificed hi:
principles to get this report and tC
publish the article in order to injurt
the era wfords
The speaker referred to testimony
of witnesses for the defendant to the
effect that business fell off because O.
scarcity of road shows and saiC
these witnesses, naming n. L. Ander
son. knew nothing more about these
matters than a mule. Anderson wa:
referred to as a montebank.
Larimer closed his argument a
1925 and the court took a recess fol
10 minutes.
Branamau was the next membe,
of the staff of counsel for the plain
tfffs to address the jury. He begai
talking at 1895.
Branaman devoted his time to {
discussion of the instructions given tn
jury by the court and went over th
questions the court asked mem bers o
the jury to answer
Branaman insisted that the jur!
decide that Perrine made repairs oil
the iron stairway several months prio
to the publication of the article.
Perrine testified he could not b
certain whether or not the work wa
done prior to the publication
Branaman told the jury no work ha
since been done on the iron stairwa
and that it is absolutely safe today.
Defense Is Fair.
Branaman closed his remarks a
11:25 and then E. D. McKeever. at
torney for the defendant. began hi
review of the case.
Argument of McKccvcr.
"Gentlenen of the jury" McKeeve
said. when we began this case
promised you 1 would try to be fai