The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-18
Seventh Day Crawford VS.. Mac
Lehman Damage Suit.
Mcbride, Payne, Anderson and
Carruth on in Morning.
MAC Lehman IN OWN BEHALF
Defendant First Witness to APP
pear This Afternoon.
Labor Commissioner Tells of
Dangerous Conditions.

suing Frank P. MacLennan for $25, 900
alleged damages because he published
| official reports concerning conditions
at the Grand opera house begar in
| the first division of the district court
| this morning, Paul J. Mcbride state
| labor commissioner, was still on the
witness stand. There was little indi-
! cation that the examination of wit
nesses would be completed today. 1t
was expected that considerable time
would be taken up in reputtal testi-
mony.
! Mcbride on direct examination
stated that he was a locomotive engi-
neer for % years before becoming
state labor commissioner. He told the
! Jury he was present when the inspec
| ton of the Grand ws,s made in April
l19J6 py Collins, Cawker and the city
/ electrical inspector. He said that all
present came to the same conclusions
about the opera house.
The witness said that in his opinion
the moving picture booth that was
then i'll use was dangerous and testi-
| fled tina, it was in a ''shaky'' condi-
ton. He said the iron stairway on the
north of the building was not sup
ported by heavy enough be Its and that
the guard rails were not strong
enough The witness said he did not
examine the wooden stairway very
carefully. but that he considered it
unsafe and that he noticed several
sappy boards in it. He said that after
his deputy, j. E. Collins. had made
out his report on conditions he read
over the report and officially approved
it. In discussing the wiring, Mcbride
said he did not go under the stage to
look at the wires, that one look was
enough for him.
| On cross examination Mcbride
stated that he told Roy Crawford that
! if the improvements ordered could not
be made in 80 days because of inabil-
| ity to get materials. the state depart
ment would gladly extend the time.
| He said that short time after this he
| had occasion to go to the court house
and in passing the Grand, saw that
wire was being unloaded and taken
into the Grand. This was the first
knowledge he had that Improvements
were being made.
| Roy Payne was the next witness. He
stated that he is in the transfer busi-
ness and that in June, 1916, he hauled
some ladders for the Perrine Bros. to
the Grand opera house. One of the
Perrine brothers was put on the wit
ness stand by attorneys for the plain
tiffs and stated he had done some
4 Grand but could not remember
: whether it was before or after the
publication of the State Journal.
City electrical inspector was recalled
to the stand and stated that the Ma
tional Electrical Codo is considered
the best and highest authority on elec-
trical wiring.
, n. S Anderson was the next witness
Anderson stated that he is now en-
, ployed by the Topeka State Journa
and that prior to ging with the To
peka State Journal he was an actor
: for 10 years.
The witness stated that for the frs
year after the European war broke
out, the theater business was goo6
but that after that there were few
many actors went into the war. He
stated that there were thousands o.
women in New York in 1916 ready Il
go on the road with shows but there
were no road shows because there
were no actors to go with them
Arthur ]. Carruth, Jr, manag gins
editor of the Topeka State Journal
was the next witness. He told of hi:
duties as managing editor and stated
that he was managing editor of th'
. paper on April II, 1916.
Carruth stated that the majority o
t copy printed in the Topeka State Jour
s nal passed thru his hands. He tolt
the jury that a reporter by the nam
| of Maxwell turned in a story abou
y the condition of the Grand along will
d a copy of the city inspectors report
Il Carruth then stated that he sen
d Maxwell to the state labor commits
: sioner's office to verify the report. H
stated that the reporter returned from
the state house and gave him cop.
II of the deputy state inspectors report
= Carruth stated that an effort ha'
been made to locate Maxwell, the re
, porter. but this effort had been un
l. successful. He said the last tim
Maxwell was heard from he was il
Washington, D. c.
The copies of the city and state re
: ports from which the Topeka Stat
v Journal article was published wer
% then identified by the witness.
: Carruth stated that Mr.. MacLen
ir mans attention was first called to tn
er article containing the report after
IS had been sent to the composing rooI
to be set up in type The witnes
- stated that he never has known L. \
| Crawford very well but that he ha
known Roy Crawford for long tim
and has never had any trouble wit
HMM fact had been very friendl
with him socially.
II Print All the News.
On cross examination counsel fc
the plaintiffs asked the witness if h
had made any inquiry of Crawfor
before publishing the article. Cal
ruth said he did not know whether {
| Crawfords He said that the pape
tried to print the news regardless
advertising patronage and that whe
a matter became a. public record
was printed He stated that any ar
swer to charges made in a public rec
ord was also published when it bt
| came a public recor :.
II No Favor to Friends
H. The witness was asked if he woul
| publish an article about a friend base
| on a public record. even if he kne
the charges to be false. The witnei
stated that in his official position