The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-19

and am going to try to continue to
be fair to the end. I am not going to
call some one a Scoundrel in order to
try to appeal to your prejudice. L
am not going to criticise come of the
honest, hard-working witnesses who
were called into this case as witnesses.
al am going to be fair because I
can afford to be fair. The other side
cannot afford to be. They have to try
to divert your mind in order to try to
get you to return verdict contrary to
the evidence"
Mr.. McKeever told the jury the case
was not a joks as some persons
seemed to believe, but that it was a
serious matter in which the whole
] city was interested.
! No Apology for Article.
! 1--WE do not apologize to any one for
what we have done or for anything
concerning the publication of this ar
! ticle.
| I'VE consider that it was the duty
! of Mr.. MacLennan to publish this ar
/ ticle to warn the people of the condf-
| ton of the Grand Opera house and
| that he would have been a coward if
| he had not published it.
! But this is a serious matter because
we want you to say whether or not
/ this paper can continue to give the
people warning against impending
danger without having to go into
4 ''If you say we can't, L want to say
/ to you that we will continue to do so
and to take the chances; but some
day this paper may get into the hands
of some one who does not have the
/ high moral courage and the disregard
for his dollars as Mr.. MacLennan and
then the public may be deprived of
the warning protection this paper
now gives them. because n new editor
might fear e libel suit. There is
/ NKrhe V
/ Privileged Article.
! McKeever then took up the instruc-
! tions of the court to the jury and eX-
| planned what was meant by a ''privi-
t legged article" He explained that the
/ law recognizes that it is the high NOR
al duty and right of a newspaper to
publish any article that will warn the
/ public of any danger that may
threaten.
McKeever told the jury that he did
not pose as the eloquent speaker who
would follow him. Joseph Waters. He
said in reading that part of the in
structions which told the jury that il
the evidence showed the articles were
true verdict must be returned for
the defendant:
Gentlemen, If it were not for the
fact that it would deprive Captain
Waters of the chance to deliver his
eloquent speech, 1 would be willing
for you to retire and return your YER
dict without further delay. But Cap
tain Waters has spent great deal OF
time getting up this speech and
want him to have an opportunity tc
deliver it. 1 am sure it is a very elo-
quent speech but l do not believe il
will contain very much about this
case"
McKeever told the jury he was not
going to abuse or villify the Crawfords
as Captain Waters had said he was
going to abuse Mr.. MacLennan.
Il know that Captain Waters is go
ing to compare Mr.. MacLennan with
editors who have been killed and tC
try to prejudice your minds against
him even tho you know he has been one
of Topeka's best citizens for more thar
thirty-three years. When Captain
Waters defended Mr.. MacLennan il
his famous $4,000 libel suit he pic.
tured him as one of the leading citi
zens of the state and held him up as
man to be commended and applaudeC
; for his courage in publishing the
truth. But today he is going to try
to picture him as just the opposite
and l want you to guard yourselve:
against allowing this to prejudice you
! I do not want you to make it possibl,
f IT him to say he fooled this jury ant
did it by digging up an old speech ant
Hanging it around - fit the preSen
/ occa SION.
| Nckeever was i'm the midst of hi
! talk when the loon hour arrived. ant
was forced to suspend for the moor
recess.
(COntiuued On pHge Six.J