Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-25
SOME PREGEDENTS CITED,
Where the 1894 Act Was Construed
According to Common Sense.
YOST WITHDRAWS ONE CHARGE,
Because of the Admitted Unreliability Of
the Detective.
JUDGE PoRTER'S DECISION RESERVED

The Law and Order triumvirate rose to
the dignity yesterday of appearing before
Judge Porter in a continuation in the heaf-
ing of appeals from the judgment Of Alder
man Robe in the Sunday newspaper cases.
With the exception of one case in which
the Law and Order detective-witness was
unintentionally delayed by, being drunk, all
the cases that were held over we're heard
and argued yesterday. Judge Porter re-
served his decision.
After the hearing of the Law and Order
detectives in the cases called, Major Brown
called up the representatives Of the differ
ent Sunday newspapers to show how uni
versal is the demand for the Sunday paper.
In his argument Major Brown explained
that Sunday papers are a necessity, as the
term is legally understood. Attorney Yost
argued for the Law and Order Society. He
made his usual stereotyped speech.
The first case called was that of Adam
Walter, who was charged with the highly
offensive crime of selling DISPATCH on
Sunday, December q. The witness called
was Walter Lewis, who, with marked dis
play of pride, laid particular emphasis on
"was" as in answering a question he said !:
'T was a detective in the employ of Mr.
Mcclure In view of the fact that Mr..
Lewis had taken up respectable employ
ment, Major Brown let him down easy on
cross-examination.
The Same Familiar Story.
. Mr.. Lewis also appeared against Theo-
dore Schubert from whom he testified
he had bought a Press on December
13. The purchase he said had been made at
the Forks of the Road in Lawrenceville.
The case against Thomas Matthews followed
and the familiar face of Detective Fisher
appeared in response to Agent McClure's
call. Mr.. Fisher looked better than when
he appeared before Alderman Rohe. He
mad evidently rehearsed the piece he
had to say, and retold how he had bought a
paper from Mr.. Matthews daughter with
out making any greater mistake than to
violate all the known rules of the English
language.
When he got through Agent Mcclure was
called bv Attorney Yost to repeat con-
versation he had some time in the present
century with Mr.. Matthews. The attempt
was to prove that Mr.. Matthews owned the
place where the paper was alleged to have
been purchased, but as that wasn't denied,
the only reason that appeared for Mr.. Nc
Clure testifying was to furnish some ex-
cuse for drawing his salary.
Nh Matthews was called by the defense,
and explained that he had seen Fisher
standing around in the cold good while
before the alleged sale is said to have been
made. He claimed that he watched Fisher,
Il; i,fn
Matthews and 90 out again without buying
a paper. - a.,
not buy paper in your store at the time
indicated" asked Major Brown.
Il am" was the decisive reply.
One Case Hastily Abandoned.
By this time Attorney Yost had evidently
became disguised with irresponsible de-
tectives. He consulted with Agent Nc
Clure and moment later announced that
the Law and Order Society would drop the
case against James Hughes, of the South
side In explaining the strange action Mr..
Yost explained that Detective Chambers,
who appeared as witness against Mr.. Hughes
before Alderman Robe, had been accused
by Mr. Hughes with an attempt to collect
biackmail. Since then. Mr.. Yost said he
had investigated the case and found that
Chambers had been drunk and therefore
could not be trusted. He explained to the
court, however, that Mr.. Hughes had not
denied selling paper to Mr.. Chambers.
As matter of fact, however, Mr.. Hughes
did deny selling paper to Chambers at the
time the latter testified he had purchased it.
He not only made the denial before the
Alderman. but came prepared with wit
nesses to prove what he claimed. After
Mr.. Yost's confession for the Law and
Order Society the, Court asked who would
pay the costs.
''Oh, that's all right, we've got an ar
rangement with the magistrate to lose the
costs in such cases" explained the Law and
Order detective, without realizing that in
doing so he directly contradicted state
ment made by Alderman Robe to DIS
PATCH reporter after the last hearing in
the newspaper cases.
This ended the testimony of the prosecu-
tion and Major Brown called on Theodore
Nevin, of the Leader, for the defense. Mr..
Yost wanted to know what he was going to
prove and Mr. Brown said he would show
that there are 45 Sunday papers in the
State and that they circulate more than
500, 600 copies With regard to the papers
DISPATCH has a circulation of over $4,000,
Extent of the Patronage.
eve will show" he continued 'that in
this county about 200, 900 people are patrons
and readers of Sunday papers; that for 30
years in Pennsylvania Sunday papers have
been regularly published, and that during
that time their circulation and reading has
been unchallenged That the act of 1894
has been treated as obsolete by general con-
sent as far as Sunday papers are concerned.
1 will show further that in consequence of
the fact that these papers contain notices of
funerals, telegraph1c news and matter OF
general interest, they have become
q necessity. We claim the Sun
day newspaper is reasonable, al
though not an absolute, necessity,
and will ask the Court to so rule. Civiliza-
tion demands them In addition to that we
will show that the act of 1874 was passed
three-quarters of a century before Sunday
newspapers came into general use, and that,
therefore, they were not contemplated by
the Legislature that framed the law.
Mr. Yost tried to have the testimony of
Mr. Nevin refused, but the Court ruled to
admit it. In his testimony Mr.. Nevin gave
newspaper statistics about similar to those
mentioned by Major Brown. He was not
allowed to state how much work is done on
Sunday in getting out Sunday newspaper.
Richard Burke, Superintendent of the
Union News Company, stated what part his
company takes in the distribution OF Sum-
day newspapers. He said that he receives
about 1000 papars from cities outside of
Pennsylvania Mr.. Yost attempted toget
little legal practice by asking out of the
way questions from the witness, but failed
at every attempt to produce even ripple
of confusion.
CL.rIa. w u.r.to, I,.,v -. sf
the Press, testified as to the manner in