The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-10-23
RevellIe Staff Suspected Or
fensive Cartoon Might Get
Them Into Trouble.
CONSIDERED FEASIBILITY
OF CUTTING PICTURE OUT
But Finally Decided, After Consultation,
to Take a Chance-Pcstai Inspector
Testfies That When tie Came to In
vesteate the Matter, 'ssue N Which
the Offensive Matter Appeared Was
Withheld From Him by EdI!,rs.

A. w. Brouse and p. A. OFarrell were
bound over to the federal grand jury this
morning by United States Commissioners
w. ]. Naughten ON the charge of sending
obscene matter through the mails. This
decision was arrived at by Commissioners
Naughten after having taken the case ul-
der due advisement OH conclusion OF the
evidence in yesterdays preliminary hear
Ing and pronounced this morning at 10
o'clock in the presence of the defendants
and United States District Attorney Carl
Rasch.
Brouse and OFarrell were released on
a bond Of $1,000 each which was given by
Arthur ?. Heinzc and George II. Robin
son, both of whom are connected with the
Montana Ore Purchasing company. Corn
missioner Naughten dismissed the charges
against X. A. Pelky, an employe of Bronse,
and W. d. Wilmarth and A. o. McGill,
the cartoonists on the offending sheet.
Had Charge Of Mailing.
On the witness stand yesterday after
noon A. w. Brouse who is proprietor OF
the printshop from which the Reveille is
issued, admitted that he had charge Of the
mailing OF the paper and was responsible
for having it deposited in the United
States mails. Brouse said that after the
issue of October had been on the press
for some time and 10000 copies had been
run off his attention was called to the OBJ
scene cartoon and a consultation was held
TO see il it would possibly cause any
trouble. Brouse claimed that he could see
nothing offensive in it and that the re-
mainder OF the edition was printed and
distributed.
~ tbn 10 pIi
of the Revelle and chief scribe and
laureate to Faug Heinze, gave his testi-
mony on this point and admitted that he
was "it." He said that the idea for the
cartoon under discussion had been taken
from the Blaine campaign and that those
surrounding Clark were only intended to
represent the sycophants worshpping their
hero, the tatooed man. OFarrell said
that at the time it was drawn he had been
absent from the Office and on his return he
heard some remarks concerning it. lie
went to the print shop at once and had the
presses stopped in order to make an exam
ination, but finding nothing suggestive in
the picture, he ordered the edition COM
pleted
They Took Offense
O'Farrell said that his attorney. Mr.
Jones, later informed him that Con"
Kelly had taken offense at the insinuation
and in consequence thereof he had written
Kelly that there was no insinuation in
tended by the cartoon.
Wilmarth, the artist who drew the pic
ture, said that he had had no sinister pur-
pose in mind when he drew the picture
and that in his opinion the double mean-
ing could only be interpreted by a polluted
mind after distorting the drawing. A. O..
McGill said that he had designed the car
toon and rdiculcd the idea of its under
handed intent. He said: "My social posi-
ton is so far superior to that of those
represented in the picture that ! should
be ashamed to look them in the face if |
were guilty of the charge against me-
=, This remark provoked considerable amuse-
ment in the court because of the recen.
mixup that the Rcveilee artist was con-
nected with.
The defense attempted to introduce
James II. Lynch, formerly postmaster Of
Butte, for the purpose of giving expert
testimony on the subject of obscene mail
matters and postoffice regulations, but Dis
trict Attorney Rasch objected on the
grounds that Lynch was incompetent and
he was not permitted to have his little say.
Brouse and OFarrell who were testify
ing in their own behalf, proved to be the
best witnesses for the prosecution in their
testimony and really admitted the two vital
points that were to be established.
Was 1t in the Mails?
The hearing before Commissioner
Nauehten was simply to determine whether
the paper containing the vile cartoon had
been deposited in the United States mails
Brouse admitted that he was responsible
for the mailing and O'Farrel's statements
showed that there had been reasonable
doubt in the minds of the Reveile staff
as to the double meaning of the cartoon.
These facts were sufficient TO bind the
defendants over to the grand jury. Com
missioner Naughtcn discharged the others
who had been charged on the grounds that
they were simply in the employ of the
Reveille company 4nnd consequently work
Ing under orders from headquarters
In pronouncing his judgment, Commits
sioner Naughten said "In the case of the
United States against A. w. Brouse, P. A.
O'Farrell and others, I find that there is
sufficient evidence to commit A. w. Brouse
and p. A. O'Farrell to the federal grand
jury before which they are hereby or
dered to appear at Helena on the first Mon
day in November. ! place their bail at