The daily morning journal and courier., 1894-08-04
DOWNEY IS BOUND OVER.
CASE OF GLOBE MEN HEARD BY
 ooMMIssI0SER WRIGHT.

duced to .00o-Downcy is Held in
 sa.bo0 Bonds-Downoy Makes . State,
 mont.
 The preliminary hearing in the cases of Chris F. Downey. treasurer. and Harmon s. visscher. business manager of the Waterbury Globe. who arc charged with sending bundles of papers through the malls containing obscene and indecent matter. was held before United States Commissioner Wright in the United States circuit court room yesterday morning. beginning at 10 o'clock. There was a large crowd of spectators and witnesses in the court room. Judge Cole of Waterbury ap- peared, for the accused. and District Attorney Mclean represented the gov ernment. He was assisted by Attorney Webb Of the firm of Ailing. Webb & Morehouse.
 Attorney Mclean opened the proceed .ings by adding another count to the complaint, charging the accused with having sent an extra copy of the same publication, which was seized in the New Haven postoffice to a private par | ty in this city.
 | Postmaster F. G. Beach of this city was the first witness called. He iden- tified the bundles seized and said that his attention had been called to the character of the articles contained in the paper by an employe at the office. Most of the bundles of papers had ar rived at $40 In the morning and one came at 8:35 in the afternoon. The witness stated that he thought the ar- ttcles in the first and last columns of the first page, and especially the first column on the last page were btection- able.
 Judge Cole asked what it was in the articles which the witness considered l indecent Commissioner Wright ex- cluded this line of questioning, and as a result of the controversy which arose between the attorneys, the prose- cution withdrew the witness evidence relative to his opinion az to the papers indecency. Witness did not know that the papers came from Waterbury, other than by the fact that they came in the Waterbury pouch.
 Joseph Read, assistant mailing clerk in the Waterbury postoffice. testified that on July 2s seven of eight packages of the paper were sent out from the Waterbury postoffice.
 George Doherty. the postal clerk in the Waterbury postoffice, testified that he saw Mir. ivisscher brinsstn the post office packages of papers similar to those seized sS4'the New Haven post office. '" ' T
 Postmaster Fitzpatrick of Waterbury | stated that he had given temporary permission to MT. Visscher to send the Globe through the mail as second class matter in accordance with the usual custom before the final permission came from the authorities at Wash ington. A.,
 A letter written by MT. Visscher to Postmaster Fitzpatrick complaining that certain papers had not reached their destination on time and asking that the matter be remedied was next introduced by Attorney Mclean. On the cross-examination Postmaster Fitzpatrick stated that he had not yet heard from Washington concerning, the application that had been made for permission to send the Globe through the mails as second-class matter.
 Thomas F. McMahon, the town clerk of Waterbury, then showed by the rec ords of the town clerks office the in- corporation of the Globe company of Waterbury and the defendants' oon,iec- tion with 1t. After much discussion the articles of in corporation were admitted and 1t was shown that hte stockholders were c, F. Downey. who had 200 shares; Judge Cole, Mr. Downey's attorney in the present cases, 100 shares: Edward Lopnsbury of New Haven, 30 shares, and Mir. Carter of Waterbury, 30 shares The witness, however, did not know the present stockholders.
 Judge Cole in his cross-examination took the witness to task for having brought the records of Waterbury to New Haven, which he said he had no right to do. ,.....
 Judge George H. Cowell of Water bury testified relative to the incorpora- tion. which he had witnessed, Judge Cole dismissing the matter by saying he admitted the incorporation of the com pany. ,., .1.., Z.
 George Youpgerman, J. H. Mckee, Harmon E. sweezy, with Thomas H. Pease & Son, newsdealers, testified that they had received copies of the paper at their respective stores and went into some details concerning their transac- tions with Mr. Downey.
 Edward Lounsbury was the first witt ness called for the defense. He testified l thet he,was one of the sor1ginal stock | holders of the company, but that 1t had held it's last meeting az a corpora 'tion in February, 1894. Since that time | he had not been connected with the .pa- per and knew nothing about its man. agement. ,,
 Mr.visscher. the business manager of | the Globe, was then called and he stated l that he had heen hired on the Globe by l MT. Carten and that he was formerly l circulating agent on the Hartford Post. l After MT. Carter left he had assumed l the business management of the paper. He had nothing to do with the editorial department Of the paper. He admitted mailing the papers which were seized. On cross-examinatton he stated that F. J. Walsh was the editor of the paper, and that c. P. Hayes, H. B. Diees, John | Sullivan, David Huh, Allen Hull and c. F. Downey were some of the men paid hv the office. He did not know the l.