The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-04-01
Frank T. MacLennan, as De-
fendant, Is ExOnerated.
WATERS CURSES JURYMAN
Losing Attorney BlasphemOus
in His DenunciatiOns Today.
Shakes Fist at +. ID. COburn and
Uses Violent Language.

suit was given to Frank p. MacLen-
man, editor and owner of the Topeka
State Journal. this afternoon in the
first division of the district court when
a jury returned a verdi-t for him in
the case in which L. E. Decker was
seeking 100000 alleged damages be-
cause of the publication of an article
in the State Journal intended to en-
courage subscriptions to the fourth
liberty loan in which it was asserted
that a barber. name unknown, had
failed to subscribe to the loan.
The case which was given to the
jury at 1870 this afternoon has con-
sumed almost a week of the time of
the district court. Arguments Of the
attorneys were completed at noon to-
day.
At AIS the jury returned verdict
for the defendant despite the fact that
instructions of the court were in f..vor
of the plaintiff.
Waters Abusive to the Last.
When the verdict was returned Jo-
seph Waters, who was in the court
room, representing Decker. the plain
tiff. burst into a voIley of oaths, de-
claring that the jury was fixed and
that the verdict was one of the most
"damnable" he had ever known.
Shaking his fist at F. d. Coburn,
former secretary of the state board of
agriculture. and foreman of the jury
he yelled, despite the fact that Mrs
Decker and other woman members of
the family were in the court room:
This is the - - verdict in the
history of the local courts. You had
the jury under your hand. Never
again will 1 allow such a - -
man as you sit in a jury for me-
His curses continued until Judge
Carver attempted to quiet him He
turned around and walked away as
Mr.. Coburn started to take his rat and
coat from a peg. Then he returned to
the door near which Mr.. Coburn was
standing and renewed his vitriolic as
saults.
fl to 1 On First Ballot.
The verdict was returned in much
1t was stated that on the first ballot
the jury stood IL to 1 in favor of the
defendant. The one man who vote |
against the defendant was at once
asked If he objected to another ballot
and he stated that he did not Then
those who We're favorable to the de-
fendant stated their reasons to the
twelfth man, whereupon the seco nd
ballot was taken. all of the jurors
voting in favor of the defendant.
The jurors who sat in the care were
the following:
+. G. Daum, farmer.
e. II. Leep, farmer.
A. +. Lectzy, wholesaler.
Charles Gerteisen. retired railroad
man.
John Kresie, retired farmer
+. d. Coburn. former secretary of
board of agriculture, now red.
o. II. Bickelhaupt, farmer.
J. ID. Walker. retire; railroad Off
r w. Dare retired farmer
y. L. Galloway retired travelling
man.
H. S. Putney. head Road Metal Sup
ply Co.
Edward Bowman. Insurance man.
AS soon as Mr.. MacLennan heard
the verdict was favorable he left the
State Journal office and hurried to the
court house.
The jury had been dismissed, but
eight of them were still in the corri-
dors. Mr.. MacLennan shooL each by
tHe hand and thanked them personally
from the bottom of a grateful heart
He was especially cordial to Mr. Co.
burn on account of the shameful abuse
heaped upon him by counsel for the
plaintiff.
You are just as infamous as Iam
Mr. Coburn," said he, laughing "ac-
cording to the unswCrn evidence of
the plaintiffs attorneys. Joseph Wa
ters. John Waters and Addington. first
name not recalled"
Yes 1 am in your class. I think l
may say, Mr.. MacLennan. without
impropriety." said Mr.. Coburn. looking
around to his fellow jurors grouped
aS1ut him. that we arrived at an
agreement promptly and without diff
ficulty."
Mr.. MacLennal was unable to
locate his close frienf and able attor-
ney +. d. McKeever. to congratulate
him on his single-handed. overwhelm-
ing victor. as the sole ounsel for the
Mr.. MacLennan stopped a moment
to look in on Judge Robert D. Carver
the court, in chambers.
Well" said the Judge 'it is big
victory for you. a greater victory be-
cause my instructions were so strongly
against you"
Judge Carver followed the law as he
conscientiously interpreted it.
The q. ,ndant then returned to the
State Journal office and helped get out
this. the Postscript Edition. telling the
news.
The Case to the Jury.
The jury went out early this after
noon in the first division of the dis
trict court today in the case in which
L. Il. Decker. barber, is suing Frank
P. MacLennan for 100000 alleged