Kentucky Irish American. (Louisville, Ky.) 1898-1968, 1911-06-24
Attorney and Erstwhile Editor
Takes Refuge in Federal
Court.
Frank MEG rath ExOnerated Be-
tore Commissioner Henry
Cassin.
OTHER CASES IN ABEYANCE,

On Wednesday afternoon Messrs
William M. Higgins and John j
Barry, editors and owners of the
Kentucky Irish American, and Frank
McGrath, Chairman of the Demo.
cratic City and County Committee
we're notified that warrants had been
issued from the Federal Court foI
their arrest on the ground that they
had sent matter through the United
States mails in violation OF the Fed.
eral statutes. Messrs. McGrath
Higgins and Barry at once went to
the office of United States Marshal
Long and gave bond in the sum OF
5000 each. They were given an ex-
amining trial before Commissioner
Henry Cassin on Thursday afternoon
Mr.. McGrath was dismissed at the
hearing. The Commissioner took the
cases against Messrs. Higgins and
Barry under advisement. He an
nounced that he would give a
decision at IL O'Clock this morning.
On April Z Daniel Il. O'Sullivan,
editor, attorney and ex-office-holder,
published a card in the Louisville
Herald anent the retirement of Coils.
John H. and James p. Whallen from
politics. In 1t he attacked the
Whallens and their successors in
control of the Democratic party. He
also attacked quite viciously the city
and county office-holders. These
men were friends of Messrs. Barry
and Higgins. The Kentucky Irish
American is published every Satur-
day and had to wait a week to
answer Mr.. O'Sullivan. That it did
80 effectively is best evidenced by
the fact that Mr.. O'Sullivan took
refuge in the Federal Court.
The Democratic City and County
Committee saw the answer to
O'Sullivan's card, liked ii and pur-
chased copies to be mailed to Demo
catic voters. The copies were pur-
chased and mailed In the usual
manner of handling second class
United States mail matter.
Last week S. E. Susong, United
States Post-office Inspector, and AS
sistant Postmaster John Morey ap-
peared at the office of the Kentucky
Irish American and after several con-
ferences collected the amount alleged
to be due the Government for extra
postage.
On Wednesday Messrs. Higgins
and Barry were notified of the fact
that warrants had been sworn out
for them. With Mr.. McGrath they
went to the United States Marshal's 8
office and gave bond with Alderman
James Treasy as bondsman for each.
The examining trial took place on
Thursday afternoon before Commits
sioner Cassin.
The Government was represented
by United States District Attorney
George DuRelle, while the deense
vas represented by w. NJ. Smith,
former United States District Attor-
rey, and Gen. Basil Duke.
Daniel E. O'SulliNan was the first
witness for the prosecution. He told
of receiving a copy of the Kentucky
Irish American. On cross examina-
ticn he stated that he was an attor-
rey and a former editor; also that
he still wrote occasionally for diff
forent papers. On the objection of
the District Attorney Mr.. O'Sullivan
was not allowed to answer certain
questions relative to matters he had
himself written and caused to be
published
Thomas Wilson, United States
Weigher of Mails and Superintendent
of second class matter for the Louis
tille Post-Ofice, told of receiving the
papers in question; told of the visit
of Mr.. Higgins to his Office; OF the in
structions he gave Mr.. Higgins and
how Mr.. Higgins had caused all re-
Quirements to be complied with. his
impression was that the Kentucky
Irish American was sending out
sample copies to induce people TO
subscribe.
Postoffice Inspector Susong told of
conferences with Messrs. Barry, Nc
Grath and Higgins relative to the
matter in hand. Assistant Postmas-
ter John Morey corroborated Mr.. Su-
song. At no time was there any
evidence adduced to show that Mr..
McCrath did more than buy a num-
Ter OF copies OF the paper for the
Democratic City and County Com
mittee.
Frank MoGrath was the first wit
ness for the defense. He admitted
buying the copies for the commit
tee. He had no knowled OF the
article before 1t was written. The
papers were purchased because the
Kentucky Irish American defended
the Whallens and the Democratic
committee.
William G. OlReilly. stenographer
At the Democratic headquarters. tes-
tified that he had written the ad-
dresses on the extra copies. He had
no Instructions about marking, but
used his own option.
John ]. Barry told Of reading the
article in the Herald on April 7. and,
bow at his suggestion II was an
swered. He denied that he had any
conference with Mr. McGrath rela-