General Kilpatrick, who was the first witness called by the IBC, testified that the Garden had tried to break Jacobs' lease after he became too sick to promote actively. The method under consideration at the time: to have Jacobs "legally declared incompetent." The Garden didn't take this step because, as Kilpatrick said, the newspapermen were "more friendly toward [ Jacobs] than toward us."
After the trial, the Government lawyers and the IBC lawyers stayed around to say goodby—temporarily. Norris and Wirtz were absent from court, but Kilpatrick was there. When asked what he thought of the diary's role, he spoke with satisfaction. "Why," said the general, "when the rest of them foundered on dates, I knew every one of them!"