The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1910-05-12

/ Hoder's publication.
Did this party make complaint be-
article wherein the Second Baptist
! Church is mentiOned2' Yoder asked.
After" was the reply.
/ Taking an entirely different and un-
expected tack. Yoder surprised every
one in the court room by asking Ma
Jor Werner point blank:
The Bible.
Have you ever read the Bible?"
Yes; practically all of it," was the
DO you know that words and
phrases similar to those used in my
publication are TO be found in almost
every book in the Bible?" Yoder next
asked.
Yes; but in greatly modified form"
Major Werner replied, qualifying his
answer. -
do YOU consider such phrases and
expressions obscene?' Major Werner
was next asked.
No; not as they are used in the
Bible" he replied.
The Bible was written for an en-
urely different purpose than is your
+ publication remarked Jus 70
Crutchneld.
Il doubt it ScriO .l.' replied Yod...
Are the pUrpos OF this book 9TH
Idca) q matter OF .. liberation here ?''
Z Y oder asked the e. "a.
NO, except iu,.. ntally." Justice
4 CrutchGeld replied.
The character on nurpose Of the
writer has abSOlutCl. ..l weight ia this
court he added. 'N l1t I am here
to determine is whether the article ia
question mauifestly tends TO corrupt
the morals of the youth OF this city.
Do / make myself plain?
L might so little further and
ask, Is this kind of literature lit to
go into the homes of our city, 20 be
read at the dreside, 10y our wives and
sisters and daughters2 MOI"
then there is no use i'm going on with
the case" Noder objected
My mind is not made UP. I in
tend that you shall be heard" Justice
mined TO give YOU all the latitude pos
sible. You shall have a fair and inn
partial trial You shall not leave this
court room and say that YOU have
been treated unfairly"
Seventh Of Proverbs.
Upon resuming his cross-eXamina-
ton Yoder asked Major Werner:
Have YOU ever read the seventh
chapter of Proverbs?'
No; ] cannot say positively that l
have" the Chief replied.
YOder used the book of Proverbs.
as we'll as others, 10 show that the
Bible used such words as were con-
tanned in the Objectionable publica-
ton.
DO you consider the mere use of
these words obscene" Yoder next
/ asked.
NO: but i'm this connection (refer-
ring to the article) 1 do" was the
| reply.
The mere word in itself is not OBJ
/ iectiOnable." Justice Crutchheld sup
/ plemented. The question of its i'm
| morality is determined by its usage"
Noder repeatedly referred to pas
Sages of the Bible. using the Scrip
,ure as the basis Of his defense
This is most decidedly Irrelevant
/ Mr.. Hoder, Justice Crutchheld rem
! Dnstrated. What has the seventh
chapter of Proverbs. or any Other
,hapter in the Bible, to do with this
| case2"
Il am using the Bible merely as a
comparison" was the reply.
Noder then read the passages in
question. upon the completion OF
which he turned to Major Werner and
asked:
DO YOU consider this obscene?"
Il most assuredy do not" was the
reply. In the first place" he CON
! tinued, Il don't see the words in the
! Bible that YOU used in this article"
! Yoder explained that they were
! Used by implication.
Yoder then contended that things
might be offensive without being OBJ
scene.
Are YOU trying to prove by this
/ witness that the Bible is obscene?"
Justice Crutchfield asked Yoder.
No" was the reply.
The Code.
Toder next asked for the Code OF
Virginia. in which was contained the
statute prohibiting the printing and
circulating OF obscene literature
IF you will look at the preceding
statute" Yoder suggested to Major
Werner, you find that il prohibits the
conduct OF houses of i'll fame"
Mr.. Hoder, you will please conhne
yourself 10 the case in hand The Chief
of Police is not on trial for failing to
a
Il merely wanted TO show that Ma
Jor Werners motive in causing my ar
rest was on account of my having crit
icized him for failing TO put an emo
TO this traffic" Yoder explained
II Major Werner has violated any
portion of the statute what has that
to do with the matter of your printing
and distributing obscene literature?"
for you to decide whether he has fail
ed to do his duty or not"
Are we TO decide this case on its
merits. or according to your precon-
ceived notions?" Yoder asked the court
Call it what you may l intend to
conduct this case as / see best" was
Justice Crutchfield's retort
YOder asked if he would be allow
ed 10 put witnesses on the stand in
his behalf.
; Mr.. Yoder. YOU have absolutely
q nothing TO gain by putting witnesses
. Tor the defense on the stand. unless
they can show ne that such literature
is proper. If they can do so ! shall
T be delighted TO discharge you"
: Yoder then asked Major Werner
what his conception of the word OBJ
scene was.
Moral Improvement.
That which is disgusting; grossly
indecent"
Instead of corrupting the morals
; of the youth of the city, Yoder said
; he could show that the traffic to
which his publication referred had
0acFRq he he
ton Of his pamphlet.
IF you can show me that your
pamphlet has helped the people of
: Richmond or improved the moral tone
of the city, l will be the happiest man
in Richmond Justice Crutchfeld re-
: piled.
Yoder at this juncture asked for a
recess until he could procure wit
nesses who would testify that the
moral tone OF Richmond has been
elevated since the advent of the Idea.
Yoder asked for a continuance un-
til tomorrow morning stating that n