The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-11
GRAND CASE is ON
Continued from Page Onel
The Afternoon Session.

Inc ulIeCI VI IL. %sAs
Crawford. the first witness called, was
continued when the court reconVened
at 1880 this afternoon. Crawford said
that after he had written to Mcbride,
the latt er came down and they went
over the Grand. The witness said that
he agreed to rewire the stage and
make other improvements at an eX-
pense of about $1,000. He said that
no changes were made in the flre
escapes and that the official seemed
satisfied with them after he had gone
over the escapes.
I'VE agreed if I made these repairs
and all these changes that cost about
$1,000, that would be sufficient
Nothing else was DONE" the witness
said.
Crawford was asked to state what
the receipts were prior to April IL,
1916. The witness said he could give
them approximately.
McKeever objected to him giving
approximate receipts when the PLAIN
tiffs were asking specific damages.
McKeever said that as this was
corporation it certainly had books that
would give the exact receipts.
The court overruled the objections.
The witness said that for several
years prior to the publication of the
article the profits of the theater had
been from $4,000 to $1,000 and $4,000
a year and that since the publication
of the article the profits have not ex-
ceeded $Z,UUO year.
The court asked the witness OF
the profits of a theater did not depend
upon the number of available shows
that were on the road.
The witness admitted this but said
the available shows might depend
upon the reports of the condition of
the building.
McKeever asked if the profits also
might not depend upon other condi-
tions such as strikes, weather condi-
tons, etc.
Crawford estimated in the face of
McKeever's objection that the proper
ty was worth more than 100000 prior
to April II. 1915. and was not worth
more than $4,000 after April IL, 1916.
The witness said the attendance was
a great deal less after the publication
of the article.
McKeever objected to the question
leading to this answer and his objec-
ton was Overruled.
The attorneys for the plaintiffs fin
ished their direct examination of the
witness at 2:30 this afternoon and Nc
Keever began his cross examination.
Cross Examination of Crawford.
you knew defective wires were
dangerous, did you not?' McKeever
asked.
! Yes, whenever found them. they
We're corrected Crawford said.
''Was not the fact that you rewired
the stage after Mcbride had made his
investigation, proof that it needed re-
| Wiring?" McKeever asked.
The witness denied this was the
At 1925 the court took a recess.
Ready For Witnesses.
| When the Grand opera house case
| in which L. NJ. and Roy Crawford and
! the Amusement Syndicate company
are suing Frank P. MacLennan for
| $4,000 was resumed in Judge Gar
! ver's court at o'clock the attorneys
were nearly ready for eXamina ton
witnesses. The Crawfords are asking
! S25, 900 because of the publication of
an article in the Topeka State Journal
| to the effect that the Grand opera
| house was dangerous and unsafe at
| the time the article was published in
April, 1915. following reports by city
and state inspectors in which reports
the statements published by the To-
| peka State Journal were made.
Practically the whole day Monday
was taken up with the examination of
! jurors and thirty-one men were called
| before the jury was finally picked and
sworn to try the case. This was at
| 3:25 in the afternoon and by the time
! the attorneys had stated their sides of
! the case to the jury it was so late
Judge Carver adjourned court for the
! day.
The Jury
The following men sat in the jury
! box when the case was on at 3 o'clock
| this afternoon:
! Perry Kosier farmer.
Samuel Sage, retired farmer.
Frank jacques, business man.
I. S. Curtis, former clerk district
-Court.
| A. A. Rogers dairyman.
Warren Rodgers, retired farmer.
| j. A. Bowers, retired farmer.
w. G. Holloway, engineer.
c. L. Cotton, retired farmer.
! John c. Heberer, retired engineer.
Frank Hartman, workman.
]. Dyal.
J. B. Larfmer presented the plain
tiffs' side of the case to the jury
After telling how the Crawfords took
over the building that is now known
as the Grand opera house in 1904 and
spent approximately $4,000 improv-
ing it, he stated that the building had
| never been considered a fireproot