Kentucky Irish American. (Louisville, Ky.) 1898-1968, 1911-07-01
Superintendent Wilson Made
Fine witness For the Two
Defendants.
Other Men Indignantly Assailed
by Chief Prosecuting
Witness.
STAND FOR LIBERTY OF PRESS

At II O'Clock last Saturday morn
ing Messrs. William M. Higgins and
John ]. Barry, representing the Ken
lucky Irish American Company, ap-
peared before United States Commis-
sioner Henry Cassin with their at
torney, w. NJ. Smith, to find out
whether the charge against them of
violating the United States mail
laws should be upheld or dismissed
Commissioner Cassin was short and
to the point He said he had read
Mr.. Smiths brief carefully, yet he
felt that there was sufficient ev-
idence to warrant him in holding the
defendants to answer to the Federal
grand jury on October 10. He fixed
the bond in each case at 5000, which
was promptly furnished, with
Alderman James Treasy as surety.
The examination had been conducted
before Commissioner Cassin on
Thursday afternoon of last week, at
which time Frank McGrath, Chair
man of the City and County Com
mittee, jointly accused with Messrs.
Higgins and Barry, was acquitted.
Daniel e. O'Sullivan, erstwhile
editor of the Critic and later of
O'Sullivan's Opinion, was the chief
complainant. At no time in his tes-
timony did he deny anything said
about him in the Kentucky Irish
American of April Is, but he COM
planned of blue pencil marks on a
number of copies. Mr.. O'Sullivan
has been in the newspaper business
so long that he ought to have known
how to avoid the blue pencil.
In Attorney Smiths brief, of
which Commissioner Cassin spoke,
particular attention was called to
the testimony of Thomas S. Wilson,
Superintendent of second class
mails and weigher of mails at the
Louisville Post-office. Mr.. Wilson
had been called by the prosecution,
or rather the Government. On his
direct testimony he said that the
Kentucky Irish American had been
duly entered in the United States
malls as second class matter, and
that at all times it had complied
with all of his instructions and re-
quirements. The testimony of Mr.
Wilson ought to show conclusively
that the Kentucky Irish American
had no intention of violating the
law.
There is one point that was not
allowed to be brought out in the
examination before the Commits
sioner-the fact that Mr.. O'Sullivan
had written fierce screeds in O'Sulli-
vans Opinion and in the Critic and
Herald.
The Kentucky Irish American is
in possession Of certain records that
will show that O'Sullivan referred to
Democratic leaders as Prostitutes in
houses of i'll fame" The letters
used were about as large as he could
use in a newspaper. Time and again
he referred to a former Councilman
by his wife's name and always in
terms of derision. In the Herald
article that provoked a reply from
the Kentucky Irish American O'Sulli-
van referred to the present Demo-
cratic City and County Committee as
reeking with the fumes of stale beer
and cheap whisky. In the publica-
tion of O'Sullivan's Opinion never
was there an issue in which he did
not abuse the Messrs. Whallen. He
sought in one issue TO arouse relig-
ious strife by announcing in flaring
headlines; "Forty-two Catholics on
the Whallen ticket"
Was there leak, or was II CO.
Incidence? The Louisville Evening
Post on Thursday of last week had
the story concerning Messrs.
Higgins, Barry and McGrath set up
and printed before the defendants
had been notified that warrants had
been issued for them.
In conclusion the Kentucky Irish
American desires TO thank its many
old and new friends for proffers OF
assistance In the emergency. II
would be ungrateful did 1t act other
wise. At no time has II had any
disposition to disobey the law, but
1t will stand always for the liberty
and the exaltation OF the press.
The character of this prosecution
will be apparent TO all when they
learn the fact that We have received
letters from Washington, ID. c., con-
taining positive Information that no
complaint against the Kentucky Irish
American has ever been filed there.