Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-02
IS BARRED
AT DR|TTON TRIAL
Judge Says Spectators lust
Want to Hear "LaScivious
Testimony"
b. the kssoelated Press.

b. the Associated Press.
TOLEDO. Ohio, November Federal
Judge John NJ Killits TO-DAY barred
reporters and all other spectators from
the trial OF the $50. 900 libel suit CT
Miss Nan Britton. author Of The
Presidents Daughter"
In issuing his order. Judge Killits
said he was informed many spectators
we're attending the trial solely in the
hope Of hearing filthy and lascivl9us
testimony" and that he feels ne has
the right to bar spectators from the
trial on that ground. The order men
toned newspaper reporters, attorneys
net connected with the case and spec
tators in general.
Involves Paternity Claim.
The case involves Miss Britton's
claims tl,St the late President Warren
q. Harding was the father Of her IL
year-old daughter. Her suit is directed
against C. A. KlunK, Marion, Ohio. hotel
operator. on the ground he circulated a
book entitled The Answer 70 the Presi-
dents Daughter" which Miss Britton
claims reflected discredit on her repu-
tation
Judge Killits. who has been on the
Federal bench here for many years, Is
a powerful figure In Republican politics
here one Of his most famous cases
was the trial, several years ago, OF DR..
Frederick Cook, Arctic explorer, who
was convicted of using the mails to de-
fraud and was sentenced by Judge
KiIlits to term in LeaveIfworth Prison.
Or. Cook had been involved in fraudu-
lent Texas oil promotions.
Judge Killits. in barring spectators,
said Miss Britton's claim that state
-
dents Daughter" we're libelous was cor
rect Those statements were libelous
per Sc" he said. There is nothing
left for the plaintiff to show except the
extent of the publication"
A statement in the answer" volume
that Miss Britton was guilty of Grim
inal libel was incorrect, Judge Killits
added
Pointing out President Harding died
in 1923 and that Miss Britton's book
was published four years later, Judge
Killits said:
lone can't libel a dead person and
the plaintiff cannot be called to prove
ANYTHING because the defendant had
admitted it," the court said.
The defendant, he continued, has
proved in his own case that she was
not guilty of criminal libel. as was
stated in the answer, for the reason
that one cannot libel a dead person.
Cites Ohio Libel Laws.
In Ohio and most other States, Judge
Killits said. it is safe for any one to
say anything about dead person, no
matter how atrocious 1t may be. Then
he pointed out Mrs. Harding also is
dead
The Judge said he>was left to under
stand Friday by attorneys for Miss
Britton that they were prepared to
stand or fall on the question of extent
of circulation of the book in question.
AS to the plaintiffs going on the
stand in her own behalf. Judge Killits
asserted, it has not been fully settled
as to how far she may be examined.
Only six excerpts from the book. he
pointed out, will be considered and the
testimony will be limited to those
excerpts.
HUNKS defense of the libel charge
has included testimony concerning Miss
Britton's reputation, from some OF her
acquaintance. and an attempt to prove
her reputation was not damaged by the
answering volume, which denied her
claims OF clandeStine meetings with the
late President.
Judge Killits said the mysterious
deposition of a New York hotel, sub
mitted as evidence by Miss Britton's at
torney, will be preserved in the records
of the case for use only in the event Of
an appeal to a higher court. He has
impounded the deposition and ordered
that its nature or contents are not to
be revealed to the jurors nor to the
public during the present trial.