The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-14
Accused of Using the Mails for
Obscene Matter.
HE ATTACKED w. A. CLARK
Without Leaving the Box the Jury
Returned a Verdict for the De-
PENDANT Prosecution Had
No Casa.

day. Last spring Brown was indicted
by the federal grand jury on the
charge of depositing in the United
| States mails obscene matter. The
| matter referred to was a copy of the
| Butte Times of Sept. 10, 1898, in which
| was printed rather sensational arti-
| Gle abiding to w. A. Clark. Some
! friends of Mr.. Clark complained and
| in due time and form the matter reach
| ed the grand jury, and Mr.. Brown was
| indicted.
| The defense was represented by Con-
| gresham A. J. Campbell, County At
torney c. P. Connolly and G. W. Sta
| pleton, and the government was rep
resented by United States District At
| torney W. B. Rodgers and Assistant
| j. c. English. After a number of chal-
lenges the following jury was selected:
George e. Daily, Edward Evans. A.
J. White, E. l.. Mayo, Joseph H. Case,
| D. w. Tilton, r. c. Foreman, ]. B.
| Dobry, George w. Fisher, Charles
Beaudin, w. 7. Boardman and r. A.
Day.
Without leaving the box the Jury
returned verdict according to in
structions of the judge of not guilty.
United States District Attorney w.
B. Rodgers read the indictment to
tiC july, aLtCl lie lIldue d Stdtt-
ment The defense waived and did not
make the customary opening state
ment. George w. Irwin, postmaster,
was then called by the government. He
was shown a copy of the Butte Times,
which forms the. basis of the indict-
ment, and he said that he had seen
copy of the same paper before. He
was in the postoffice at the time the
issue of that paper was mailed, and
few days later G. B. Welcome called
his attention to the article and COM
planned of it. Witness advised Mr..
Welcome to make his complaint in
| writing.
w. e. Headings, the next witness,
said that he was, at the time the OBJ
jectionable papers were printed So
licitor for the Butte Times, and for
some time before and since. He said
that his duties were to assist in many
ways about the office of the Times. He
said that he supposed that Brown ed
tied the paper.
Here Mr.. Rodgers showed witness a
copy of the Times of September 10, 1898,
and the witness said that that was a
copy of the Times, all right.
Did all the papers printed on that
date by the Times contain the same
printed matter?'
The witness was not sure of that.
Were you In the habit of mailing the
Times?"
Sometimes.
Did you deposit in the mails the
copies of September 1922 49,.
Il don't know.
you do know that they were mailed
from the office of the Times to the sub
scribers, do you not?"
Il do not"
do you know who prepared the ar
ticle in that edition to which reference
is here made?"
Il do not"
But YOU do know the article is
there?"
Il have read it,
Assistant Postmaster T. j. Flavin
was next called. He said that he knew
Brown, and knew the Times was print
ed in Butte and entered in the post
Office as second-class matter. He ex-
planned that the Times were addressed
and wrapped when sent to the office.
He was shown the Objectionable paper
of September 10, but he did not know
who mailed the copies thereof.
George C. Fitschen, an old resident
of Butte, and one of the compliments
in the case, said that he knew Brown
and was a subscribed to his paper, the
Times. He was shown the paper issued
September 10, and said that he had
read the article therein contain cap
toned Duties Disgrace" He said he
took a copy of the paper from his box
in the postoffice, which was addressed
to him.
| j. n. SIdTk, toHlPidiidhS III
the action, and brother of w. A. Clark.
next testified. He knew Brown, and
said that Brown was editor OF the
; Butte Times, and he said he was a sub
scriber.
What kind of paper was the Times,
with regard to daily or weekly?'
TT was kind of a sensational
sheet" replied the witness before he
, !, grasped the purport of the attorney
question.
. He also recognized the wellworn copy
of the paper and said that he received
one of the copies through the postoffice.
He said that Brown was editor OF the
Times on the date the paper referred to
was issued.
On cross-examination Mr.. Clark said
| that he knew Brown was editor, be-
cause Browns name appeared at the
head of the column, and because II
. was generally understood that Brown
was the editor.
Mr. Golf, mailing clerk in the post
office, explained in regard to the mail
| ing of the papers. He produced his
4 records to show that there were 81
n pounds of Times mailed on September
10, 1898.
I The witness couldn't say who brought
: the papers, and he supposed that they
were mailed from the office of the Butte
! Times He thought the papers ran about
1S or 20 to the pound.
David Meiklejohn, deputy United
States marshal. said that he knew from
his own knowledge that Brown was
: connected with the Times on september
10 1898 He had seen the famous ar
4 ticle in the Times of the 10th of Sep
TENDER. The paper came to him through
5 the postoffice.
e Now" said Mr.. Rodgers. I'VE offer
: this paper in evidence
| gressman Campbell, who held that the
: language used in the paper did not
come within the meaning OF the sta
{ tutes defining lewd and lasciVious mat
ter. He read opinions and decisions
. bearing upon mailable and unfnaliaoie
5 matter. .,,;
! Mr.. Rodgers also submitted authorl-
! ties bearing upon the same matters III
support of his motion.
C. p. Connolly, for the defense also
argued against the motion.
Judge Knowles said that in regard 70
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