The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-04-01

damages because of the publication of
an article in the State journal aiding
the fourth liberty loan drive.
The defendant rested his case at
3:45 Monday afternoon and the re-
mainder of the day was taken up with
the reading of the courts, instructions
to the Jury In his instructions Judge
Carver defined libel and set out the
issues in the case. Then he instructed
the jury that if the article was found
to be true this would be sufficient de-
fense, or, if it was found that the ar
ticle in which no names were used did
not refer to the plaintiff a verdict
should be returned in favor of the de-
fendant. However, the court instruct
ed the jury that the article should not
be construed as privilegel. altho the
fact that it was printed in, the aid of
patriotic cause might be considered as
a mitigating circumstance. In the
event verdict should be, returned in
favor of the plaintiff Instructions were
given as to what this verdict could be.
The members of the jury were in
structed to answer a number of qUes-
tions and to return the answers along
with the verdict.
Addington in Abuse.
Addington made the opening argu-
ment for the plaintiff and talked
twenty minutes, abusing the defendant
most of that time.
John Waters was the Iext to talk.
He reviewed the evidence and the con-
tentions of the plaintiff at length He
asked the jury if Decker was a Stacker
and reviewed the testimony of BARRIERS
to show he was not. Both attorneys
for the plaintiff spent a great deal of
their time abusing Mr.. MacLennan and
attacking his character in vituper-
ative manner. John Waters compared
Mr.. MAcLennan with Judas because of
the publication of an advertisement
RI in criticised
MacLennan because he is a Scotch
man and told the jury he would do
anything for money; that money was
his god.
John Waters finished his talk at
$3.50 and E. d. McKeever, attorney for
the defendant, then began his argu-
mentS.
Mckcever In Answer.
McKeever opened his argument by
referring to the fact that the plaintiff,
altho As years old. has rot accumu-
lated anything and is asking that he
be given $4,000 because of the pub
lication of a short fifteen or twenty
line item; that Decker and his attor-
neys saw this 100000 hanging before
their eyes.
>IcKeever warned the jury of the
efforts of the attorneys for the plain
tiff to prejudice the minds of the
jury against Mr.. MacLennan. He told
the jury it is rarely that a man brings
his whole family into court as 'scen
cry" as Decker has brought his fam
lily in this case. He complimented the
family and regretted that Decker put
his deaf and dumb daughter on the
witness stand merely for effect"
Referring to Mr.. MacLennan. Nc
keever told the jury how he came to
Topeka poor man and how he has
spent his life here and has been a
| most important factor in building up
this city.
IF Decker was injured in this. ne
must be considered a caslalty of the
horrible war" McKeever said. He
then told the jury of the thousands of
loyal American boys who lost an arm
or leg or an eye fighting for dem
ocracy and the safety of the world.
These loyal boys who will carry their
INJURIES to their graves have not re-
are not complaining" Mr.. McKeever
said. but this plaintiff who claims
that he was injured thru a war drive.
is whining and asking for a large sum
of money
'In False Testimony"
McKeever reviewed the testimony
of Decker and charged Decker with
bearing false witness. He reminded
the jury of the fact that Decker testi-
fled he was injured in business and
that his own books refuted this. He
recalled the testimony of Decker to
the effect that the publication in the
State Journal caused his illness late in
October, 1918. McKeever then told
the jury of the evidence introduced to
show that Decker's illness came from
heart leakage Following flu.
With these facts before you," Nc
keever said, you have to decide
either that Decker made false state
ment on the witness stard when he
said this publication caused his i'll
ness, or else he procured money from
the Moose lodge under false pre-
lenses"