The daily sentinel., 1907-04-18
DAVE DAY ARRESTED.
Reported That He is Charged With
Sending Obscene Matter Thru
the Mail-Bitter Arralgn-
ment.

David Day, the editor and proprie-
tor OF the Durango Democrat, daily
devoted to the publication of bar
room stories, innuendoes and double
entendres concerning the sex rela-
tions, the ebullitions of chloral heat
ed brain, has run foul of the strong
arm of the law and Will be compelled
to face the federal court on the charge
of sending obscene matter through
the mails.
He was arrested at Durango the
latter part of last week by a deputy
United States marshal, taken before
the United States commissioner and
gave bond in the sum of $500 for his
appearance at the May term OF the
federal court.
The obscene matter that Day Is
charged with sending through the
mails was printed In the columns of
the Democrat, the article that re-
ferred to the Thaw trial and appear
ing in a February Issue being con-
sldered alone sufficient by United
States District Attorney Ralph Hart
2ell to warrant an indictment The
attorneys have other copies of the pa
per in their possession which will be
used as evidence against Day. one In
particular, which appeared early last
fall, being of a nature that 1t is con-
sidered unfit TO enter any respectable
household.
The complaints against Day were
made principally by Durango people.
and they brought the copies to Den
yer and asked for government inves-
tigation on the ground that the pa
per was unfit to be sent through the
mails. They even went so far as
to ask that If some way could not be
found to have 1t stopped entering the
homes of Durango residents. claim
ing that 1t was corrupting the minds
of the young as well as the old, and
grudges of the editor.
was published to crafty personal
The district attorneys were not
interested in any feature of the COM
plants save the violation of the Unit
ed States Government laws.
The United States attorneys were
lenient with Day. as 1t is customary
for the government to give every one
show for his white alley" When
the first complaints were made early
last fall Day was notified that he was
constantly violating the postal laws
by sending his paper through the
mails full of suggestive and corrupt
ing articles, and he was gently told
" anu IL it ihiAth " W. ~ hA1
arrest would follow.
His promise apparently amounts to
little. as he broke his pledge with the
government representatives, and was
soon at his old tricks with the pen.
For a short time the tenor OF his
stuff changed. but it was only for n
short time, the exposures in connce-
tion with the private life of the
youthful Evelyn Nesblt Thaw giving
Day the opening that he could not
resist.
The people at Durango stood 1t as
long ns they could, and then their
! Indignation again broke forth in Of
ficial complaints, and the case was
put up to the federal grand jury at
Pueblo with n view to stopping 1t FOR
all time. Day was able to give un.
limited bail, and did not haveto go tC
Jail. Durango people, where the
Democrat has a limited circulation
feel Justified. and are expressing the
hope that the arrest and Indictment
viii have n salutary effect ant
! change the spirit of the reading mat
ter in Days paper.-Denver Post.