The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-04-01
CASE TO THE JURY
U'ontinued from rage One,
Defendant in Defense.


Defendant in Defense.
The trial began last Thursday. and has
continued without interruption. many Wit
nesses being put on the stand by both
AItho no names we're mentioned in the
article complained OF. Decker. the plain
to him, and he offered testimony of himself
and wife to show that he was greatly
Mas eaused a by worry over this article He
also Offered testimony to show that he was
9Gf.ns aee Tir ana 70 Enxe m naa
Decker personally admitted on the witness
stand that he knew OF no reason why the
and TINT he and the defendant had always
been on the best of terms.
For his defense Mr.. MacLennan proved
the article complained of were given to-
reporter for the Topeka Stnte Journal by
he showed that neither himself. Mr.. Car
ruth. managing editor, nor william -
Wolfe repofter . knew 70 +. ~no tns ns'c'e
Mr.. MacLennan also showed that the TO,
pekn State Journal was doing all II could
drive and all other war activities and that
hundreds of columns OF space were ue-
sation He showed that he personally was
doing all That he possibly could to aid the
Sickness Not Due to Worry.
Mr.. MacLennan also introduced expert
| testimony to show that pecker's Illness fol-
| lowing the publication of the article con-.
have OF Of Worv
article. Documents were introduced to
show that Decker's own physician diag,,
by the flu, and DIR. Robert Is. Stewart tes-
| titled That heart leakage. being n purely
mechanical aiment. could not be caused by
A number OF BARRIERS were put on the
stand by the plaintiff to prove that SO =,
barber between Sixth and Eighth streets
| who had daughter in deaf and dumb
school. Most Of these BARRIERS admitted on
| cross examination that they did not know
all the facts about all the children of these
BARRIERS and one admitted TINT he knew of
ago who had a child in a deaf and dumb
| school.
Many editorials and news articles from
in evidence as were Moose lodge benefit
| applications signed by becker: teiegrams
drive nnd the one liberty bond purchased
by Decker during the entire period of the
| Justified in Writing Story.
McKeeyer told the jury that DIR. Jeffrey
and Clark were justified in telling the re-
porter for the Topeka State Journal they
had heard Of n barber who was not doing
his duty and that Wolfe. the reporter, was
justified in writing an article about this
but that Decker and his attorneys wanted
who knew nothing about the plaintiff
being meant by the article; ~,
| Inc attorney 10r MT. MacleHnan tOlt
of the necessary work done by the news
| papers and of how more than a million
| dollars was raised in Shawnee county thru
newspapers alone in the fourth liberty loaI
drive as J. X. Burrow testified.
McKeever went over the. special ques
tons the jury has been asked to answer
| wanted the questions answered without
prejudice McKeevera closed hts address:
at IL 30 by telling the jury that Mr.. Mae
Lehman never published n retraction be
cause he was advised not to do so. He tolC
| the jury that he advised Mr.. MacLennaI
not to publish a retraction after the sui
was filed as he had heard that certain
alleged labor agftators were going to bacl
the suit and that II retraction was pub
lished 1t would be used by the Boishevisti
to show weakening and that there wal
malice in the publication.
| Waters Malisned Mr.. MacLennan.
Joseph Waters made the closing argu
ment. He followed up the lead Of his sol
who had maligned Mr.. MacLennan nnt
compared him with Judas. The elder Wa
etrs compared Mr.. MacLennan with Rene
dict Arnold, the traitor. all because of tn,
publication of an advertisement Of peace
printed III the State Journal in 1917 and b,
many other newslAperS> over the country
The advertisement was signed by man,
| prominent citizens. including David Star
JOrdOn. the educator.