Telegram-herald., 1889-10-30
MUST STAND TRIAL
The Motion 20 Quash DR.. Reds
Indictment Dismissed
DID TIE DOCTOR BELIEVE HIS CLANS
Ths Q.sstisA OF the frath OF Spiritual
lana sst ca Trial-Ths Doctors EF.aa-
zIsaE Iatsak Must be Frossa-Fhs
LAsysrs' AEgansaLs.

Iee motion % qua-h the Indictment
against Or. Reid. the spirit postmaster,
Sas argued 10 the United States Court,
yesterday. and after a full hearing vas
denied. The motion vas bassd upon
the claim;
J. That the sad defendant upon the
trial OF the case 8 under the Indictment
required b prove that he has good rea-
son % believe that be has the power OF
communicating with departed spirits ia
the sp.rlt land, ~ order u clear himself
Cf tne charges made IN the indictment.
2 That the defendant vii INSIST on
the tral Of his case mat the exercise or
tbs power which ne believes % be pow
ers OF communication With the spirit
land, = essential 10 ms religious belief
and 5 the foundation OF a religion
known a. SpIrituahsm and under the
Constitution OF the United states should
not be- assailed IN a court OF justice.
3. That the Indictment charges the
defendant with acts which are neces-
sary TOR tne exercise and enjoyment OF
bis religious belief.
4. That under the indictment no trial
can be mad without making the truth
or falsEy Of SpTituallsm material 10
tie ssue therein.
5. That the indictment does not set
forth and allege any OItense known 10
the la~.
The doctors attorney, F. ;. Donald
son, argued that the trial must neCes-
sarly De- an inquiry INTO the truth or
falsty OF Sprituallsm, and that spirit
uclsm could not be denied without
shaking the foundations OF all religion.
Judge Severens could not see that this
investigation OF religion was called
for under the prosecution OF one OF It's
followers. He cited As possible case
the proposition that II a band OF rob
bers should hold that by their religion
10 was right 10 steal, then one of their
number could not be held by the law
for stealing, under the construction OF
this case made by the defense. Still IL
was hard 10 draw the line, and no man
was to be held responsible anywhere for
ms religious b. Fl, unless Il was put
forward as an excuse FOR the violation
81 the positive laws of the land. A
plain distinction must be made be-
tween the persecution OF a man on ac-
count of MS religion and the prOsecu-
ton OF a man Tor law breaking under
the gu.sc of religion. Where there
was nO intent 10 de,raud there was no
crlnuH3hty IN what was done,
and in determining that question, If
tie ease should he brought 70 trial
tsore nm ght be difficulty in proving
whether the respondent dId or did not
believe ln che device which he prac-
ticed as tO whether or not II was IN MS
eyes fraudulent. II the respondent
believed ne cOull 90 what he sad ne
could. no WA, innocent; but If ne prac-
t.ced us device, -nOwug 10 10 be fraud
uilut. theu hc was guilty. The points
involved were question of fact, on
Winch the court could not determine.
~. Donaldson construed the ruling
OF the court iu favor of MS intention to
prove upon the trial that Reid really
del vCred communications from the
spirit world. The court stated that he
q Il uot wish % be understood as rul ing
upon that point IN advance of the trial.
The motion to quash was denied, as
was also t1e motion for 4 continuance.
The ease must. therefore, be tried TINS
term. a-. according % the intImation OF
the igigo. tle case viii hinge upon the
que-tot. as o. whether the doctor him
selt believed he could DO the Things he
CLAIMED % do. Considerable doubt ]:
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