The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-28
SECOND DAY TRIAL

Continued from rage Ohe-b
thar Decker went all to pieces" after the
publication Of the article. Mckeever OBJ
iected to this and the court sustained the
objection.
NIeKeever cross examined the witness
only briefly
Decker was next put back on the stand
lie said that before the publication of the
article he WIS pretty nearly always nap,
py.- but that after its publication he did
not feel the same; that he worried iot.
nu cross-CNamtnation McheeNer asked
Decker if this the first time he ever
worried in his life. Decker said it WAS
McKecvcr again referred to the fact that
Decker never went near the State journal
office to ask for correction or an eN-
pIauation. Decker said he felt that the
State journal should have shown him the
article before publishing it. To this Me
You have not yet shown that any one
at the State Journal knew the article re-
ferrcd To you. You couldn't expect any
sllc Mt the state Journal 10 z" 10 you IL
10 one knew the article could be applied
to you. could YOU
Counsel fer the plaintiff objected to this
form Of interrogation and proceedings
were suspended until Decker could get the
books Of the Antiseptic barber shop to the
Decker brought in the books of his bar
her shop and read weekly figures for sew
crsl weeks preceding ana following the
publication Of the article on oct. II. 1918.
ON cross examination McKeever forced
the witness to show from his books that
Ills average earnings as read were above
those he had testified to. but that on
several occasions prior to the publication
af the article his weekly earnings were
less than on the week of the publication,
the week of October II. 1918.
When Decker completed his testimony
The plaintiff rested his case and Mckeever,
attorney for the defendant, asked to pre-
sent some points Of law to the court and
offer Il demurrer 80 the evidence. If the
demurrer is sustained the case Will not
po Ia the jury and will he ended
-rhe jury WAS then excused until Mon
'lay morning AT . o'clock and MckeeNer
began his presentation to the court.
Most Unusual Case.
skKcevcr told the court that this was
case without parallel IN the annals OF
written and published at time of the
greatest stress the nation has ever known:
MckeeNcr told the court II" evidence had
been offered to show malice and that it had
beeu shown Decker and Mr.. MacLennan
were ON the best of terms
Mckcevcr argued that if there ever was
privileged article il WAS one connected
with the Fourth Liberty Loan and other
war drives. He reminded the court that
J. X. Burrow testified that the Fourth
Liberty Loan drive relied upon the news
papers entirely until more than million
dollars had been raised and that Bnrrow
saftl nothing could have been done without
the publicity given by. newspapers.
Mckeevcr also called the courts atten-
ti"n to the fact that there were only two
newspapers here and the State Journal
was The important one of the two.
MrKeevcr then read court opinions Ia
show that articles in which the general
public is greatly interested carry privi-
articles
Trial to Early Close.
Indications today were that the trial
wonid he brought to- a close carrier than the
attorneys had anticipated before it was
begun. The work of empanelIing the jury
WAS completed before IL o'clock Thursday
morning aud when court adjourned Thurs
day afternoon number of witnesses had
testified.
Decker the plaintiff. was the first wit
ness called Then his wife took the stand
aud then his deaf and dumb daughter
Miss Thelma Decker. The deaf and cumh
daughter gave her testimony in the mute
language. her mother acting mterpre-
ter.
Following Miss Thelma Decker's teSti-
IHuBy a number OF relatives of students
n the deaf and dumb schol at Olathe, Kan.
sas. were called to testify that the fathers
Of none Of these were BARRIERS. One wit
hess called for this purpose was unable
to be present in court and J. f.. Arlington
one Of the attorneys for the plaintiff. was
aliewed TO testify instead of the absent
Mithess.
When Addington was sworn and took the
stand Joseph Waters, one of his collea CUES
who conducted the eNamiuat ton. called hin
Mr. AdPrhold" until Johu Waters cor
Fccted his father aud asked hhn to please
use the right name Of his colleague wher
addressing him
(COntinued in Postscript Edition0