The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-28
Indications That Case Will Go
to Jury Early.
STATE JOURNAL MOST LOYAL
Witnesses Say Paper Always
Supported Campaigns.
Never Failed To Come To AID
of War Work Drives.

er. barber, is seeking $4,000 dam
ages from Frank p. MacLennan. be-
cause of the publication of an article
in the Topeka State Journal on Octo-
ber IL, 1918, for the purpose of aid
ing the fourth liberty loan drive and
of insuring the Topeka and Shawnee
country quotas in the drive. Altho no
names We're mentioned in the article
and Decker admits that a number of
the statements made about the barber
in question could not apply to him.
the plaintiff alleges the article was
construed to refer to him and that il
caused him a. great loss in business
When court convened there were a
number of spectators present and be-
fore noon the room was well filled.
Mrs. Decker was present with lady
companion but the Decker children
were not in the courtroom.
BARRIERS on Stand.
E. w. Hutchins, a barber who was
employed in the shop under the State
Savings bank in October 1918, was
the first witness called. In answer to
questions by Joseph Waters, he said
he knew of no barber in Topeka ex-
cept Decker who had a child i'll an in
stitution for the deaf and dumb in
October, 1918.
On cross examination Hutchins told
the jury that he did not know where
all the children of all the BARRIERS in
Topeka were in October. 1918.
Carl Burgett, who runs a barber
shop at 10S East Eighth and who was
shop in October, 1918. was the next
witness. Counsel for the plaintiff
asked him about the same questions
that were asked Hutchins
On cross examination McKeever
asked Burgett if he bought any fourth
4
he did. McKeever called Burgett's
attention to tha-fact that Decker tes-
titled he had bought a fourth liberty
loan bond if the other BARRIERS had.
Then McKeever asked:
'Is it not a fact that there was
talk among the BARRIERS of the Anti
septic shop about Decker not buying
a bond ?" McKeever asked
'I do not remember that there was
the witness replied.
Charles E. Ketchum and John
Whitmer. BARRIERS were called and
asked if they knew of any other bar
bers besides Decker who had a child
in a school for the deaf and dumb.
On cross examination these wit
nesses stated they did not know all the
children of all the BARRIERS in Topeka.
T. Z. Sheard. part owner of a barber
shop on Kansas avenue, was called to
answer the same questions asked the
other BARRIERS He told the jury he
! knew of a barber somewhere on Kan
sas avenue some years ago who had a
| child in a deaf and dumb institution.
| He could not remember the name of
| this barber, and said it is his impress
/ sion he is now dead.
NJ Langhart and William johnson.
/ BARRIERS, were asked the same ques-
/ tions asked the other barber witnesses.
L. w. Griggs. poor commissioners.
who is treasurer of the Antiseptic
! barber shop, was the next witness. He
| testified as to the finances of the shop
and told the jury he read the article
published on October II. 1918.
Newell Abrahams On stand.
! Newell Abrahams was then called
! He testified that he was at the Cham
| ber of Commerce shortly after the
publication of the article about a
Z barber and that he met William Wolfe
State Journal reporter. and asked him
to whom the article referred. Abra-
hams said that Wolfe told him the ar
I tfcle referred to Decker.
On cross examination Abrahams
said that Wolfe also told him of other
cases about which he had articles.
w. A. Biby. who was one of the
most active leaders in all war drives
was called. He said that he person
ally did not know that strong arm
committee called upon Decker
/ Biby Took Hide Off"
on cross examination BlbN Nas
asked If men who did not subscribe
were not talked about in meetings oi
the campaigners.
He said this was true.
McKeever asked if Biby himself had
not severely criticised persons who did
not make subscriptions.
Il did not hesitate to take the hide
off when people failed to do all they
could in the war" Biby said.
1T was a common thing to criticiss
and give publicity to the persons who
did not aid. was it not?'' McKeevel
/ asked.
This was not done so much as II
should have been done" Biby replied
McKeever had the witness tell the
jury what would have been the result
if this community had not .dbscribed
its quotas in the drives
Asked to the pa I Mr.. MscLennar
took in the war campaigns. Biby said
I'm all campaigns / had anything u
do with Mr. MacLennan took an active
part thru his newspaper. and in tbs
gave me all the space / could fill II
aid in the work"
Newell Abra hams was recalled Il
the stand to repeat the language vii
liam Wolfe used in telling him tn.
article in the State Journal referred u
Decker. Abrahams said that Wolf.
used profane language.
Newspaper Campaign says Burrow-
The jury given a ten minute ree=esi
and when court ree0nvened J. Il. Hurros
was called tn the stand. lie testified b.
w9s chairIa- Of various war drives ans
told Of the work done in the liberty IoaT
campaigns.
Kurrow stated that TO his knowledge N
Sfrong-arm committee ever called 81
Decker. and that the name of Decker neyei
came to him In connection with the drives
He said the name might have come befer'
some committee without his knowledge
but fhie not likely
! On eross-examInation Burrow stated fha