The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-27

at Decker's chair fell off after the |
publica ton of the nameless article on |
October IL, 1918, and that Decker be- |
came ill after the publication of the !
article because of worry.
Defendants Side.
McKeever in explaining Ir. Mac |
Lennan's side of the case stated that |
Mr.. Decker and had nothing against |
him. Mckeever told the jury he |
would admit all that Waters had said /
about the family of the plaintiff. How /
ever, he warned the jury this family |
would be brought into the court in an
attempt to appeal to the prejudices of
the jurors. McKeever expressed con-
fidence that the jurymen were of such
high type they would not allow preju
dice or sentiment to interfere with the
returning of a just verdict.
The attorney for the defendant then
read the answer filed to the plaintiffs
petition setting out that the article
upon which the suit is based was pub
lished at the request of workers in
| the fourth liberty loan and that it
was published as patriotic duty and
| without any malice on the part of Mr.
MacLennan.
| that Mr.. MacLennan did not know to
whom the article referred when it
was published.
For Loan Campaign.
Mckeever told the jury the evidence
will show that this loan campaign had
been on for some time and was at
| time when Kansas boys were going in
to the trenches-one of the most tense
| times in the history of the ration.
He said the evidence would show
that the reporter who wrote the arti-
l-cle was doing all in his power to as
sfst in raising the Shawnee county
loan quota and that as a member of
the Liberty Loan publicity committee
| worked night and day. negIecting his
duty a reporter to aid in the cam
paign- He told the jury it would be
shown the article in question had no
real news value and was written sole
ly TO aid the Fourth Liberty Loan cam
paign.
Deal with Reporter.
The first colloquy of the case came
at this point when McKeever referred
to the fact that Wolfe had brother
| in France and had tried to get into
the army himself but was rejected be
cause of an injured finger
You refer to this man. Wolfe p"
Joseph Waters asked.
Yes, grandson of your old friend
Judge Douthitt." Nick eever replied.
'As l understand it, we are not try
ing Wolfe" John Waters sa ID.
No" Mr.. McKeever replied. but
Captain Waters has referred to patri-
otic matters and / see no reason why
McKeever explained how the story
was procured by Wolfe at the Cham
Der of Commerce where he heard
workers talking about it and said IL
would be shown other articles were
written about other persons in an ef-
fort to make sure Topeka's quota to
the Liberty Loan would he subscribed
/ When Mckeever finished his talk.
the court adjourned for the noon re-
cess.
| The Afternoon Session.
At the opening of the afternoon ses-
sion Mckeever told the jury that
Decker never said to AIr. MacLennan
or the State Journal that the article
was untrue. or any part of il, until the
suit was brought, and only in the pa =
pers in this case, then. He has never
yet asked that any explanation or any
correction be made by Mr. MacLen-
= nan in the State Journal aItho Mr.
5 AlacLennan printed after the suit was
brought, the plaintiffs statement OF
his case McKeever said that after
the suit was brought Mr. MacLennan
who had gone to Colorado for a few
days, kept in touch with the liberty
loan drive and was so afraid that his
nome town would not meet It's quota
that he wired Mr.. Burrow an addition
to his subscription. altho he was a
borrower at Topeka banks He paid
for the bonds in installments
When court reconyened al 1880 this
1 aAlei mon L. l. Decker, the plaintiff
was called to the stand He had his
| family in the court room a nj gave the
age of his children in answer to aues-
tons
Decker stated that he is 45 years
old. He said he was born in St I.oufs
and that he has been a barber at the
Antiseptic barber shop in Topeka for
the last seventeen years-that he has
never worked in any other shop in
Topeka.
Decker stated thatEn October. 1918
there were four or five barber shops
on Kansas avenue between Sixth and
Eighth streets.
/ In answer to questions he told who
1.-THE other BARRIERS were who were en-
pioyed in his shop in October 1918
| He said he is a member of the Bar.
bers' union and at present is presi
dent Of the Topeka union. which hat
about sixty members.
/, Decker stated that his attention wa
first called TO the article published II
the Topeka State Journal about
O'Clock on Friday evening. October 20
/, The Wit ess said that Saturday i
N always his best business day md tina
. prior to the publication OF the articl
3 his business on Saturdays usually va
d about $50 and that on the Saturda,
following the publication his bushes
d amounted to about sI2-
[ Decker stated that no one ever sal,
ls anything to him about buying Iberf,
le bonds exec Hypes. proprietor Of tn
ff Antiseptic barber shop.
IS CONTINUED on page SKI