Evening journal., 1911-12-14
GLASGOW
CASE DRACS
Prisoner ExCIaimS "Lie" as
witnesses Testify Against
Him
COUNSEL FOR DEFENSE
FREQUENTLY INTERRUPTS

MS dlBuMtul IeldllNe 10 Tue pHeIlNE
Of the wrapped book, and the seizure
of the effects O. J. Wesley Glasgow,
accused of sending obscene matter
through the mails, before Judge
Bradford in the United States Court
this morning. Mr.. Nields cited nu-
merous cases in proof Of his conten-
tion that the letters of Glasgow were
not illegally taken from his boarding
house at No. 912 King street. Mr..
Nields said this opinion had been
given by Mayor GaynOr of New York,
who is a member of the bar, and
who at one time sat on the Supreme
Court bench of New York Mr.. Nields
then read opinion by Judge Gray in
the case of B. McFadden and the
government.
John c. Fay. Glasgows attorney,
replied saying the Fourth Amend
ment to the Constitution of the
United States had been overlooked.
He SAID that if a search was required
il could have been accomplished by
a warrant sworn to by an individual
As for the seizure of letter in tran
sit through the mails. Mr.. Fay con-
tended that the government had no
title to such a letter, as the govern
ment was merely bailee or carrier
in the matter Opinions bearing this
cut were submitted by Mr.. Fay.
Mr.. Nields followed Mr.. Fay and
read a decision of the Supreme Court
dealing with the seizure OF letters OF
a citizen.
Mr.. Fay said like question was be-
fore the late Judge Wales, prior to the
Spanish-American War in a filibuster-
ine case. This was ruled by the court
tS have occurred before a case cited
earlier in which it was overruled.
Judge Bradford then stated that he
did not see what the method of seizure
had to do with the admission of the
book as evidence. He stated that the
defendant could take measures against
those who participated in the seizure,
ii it were illegal
Judge Bradford told Mr.. Fay that
Glasgow could get his papers back,
and he ordered the book in evidence.
At this Mr.. Fay said he was willing 10
admit that Glasgow knew every line
of the book as we'll as the pictures,
and thought it would simplify matters
to eliminate so much questioning
along this line.
At this point Mr.. Fay said he did
not believe Mr.. Nields would accept a
plea of guilty in the case.
Judge Bradford said he did nol
know Mr.. Nields' policy and Mr.. Fay
suggested that it be ascertained.
William S. Hall, aged 19 years, d
.hlacksmith's apprentice, at Patrick
'r hnfer's shop, SIG Orange street, was
q nm called Hall told of Glasgow
'ophowing him pictures. After Hal
had repeated what Glasgow is ALLEGED
TO have said to him, tho prisoner aros'
and with right hand pointing heaven
ward declared: That is a lie, l neyei
said that"
Attorneys for Glasgow urged him t'
keep quiet.
Mr. Fay said the district attorney
was masking his battery" Judge
Bradford said he thought Mr.. Nieldi
should confine himself to the picture!
shown and not what was said whel
the book was shown to Hall.
Fred II. Stevens, aged q years. O
Fort Howard, said he saw Glasgow
at the Fort in July. Glasgow wal
selling books with a purple cover
Stevens said he could identify tn
book.
Mr.. Fay objected, saying he shoul'
be allowed to cross-eXamine the wit
ness then. During the argument tha
followed Mr.. Fay claimed the books
obtained by the authorities here ant
shown in court was never at For
Howard.
The objection was Overruled, AM
Stevens said the pictures were tn
same, but he did not think the bool
shown him was the same book he hat
seen at Fort Howard.
The afternoon session yesterda
was devoted to attorneys on both
sides presenting arguments against tn
introduction of the book the govern
ment desired to be put in as evidence
The argument followed the testimon
of Frank Wolf, of No. 1915 Cour
street, Scranton, Pa, who ordered on
of the books from Glasgow. In cross
examination by Glasgow's attorney
Mr.. Wolf said he saw Glasgow wit
the book District Attorney Nield
showed that Wolf was not physician
but a brewery worker
Mr. Fay said he desired to look a
the letter sent by Wolf for the bool
and it was passed to him.
Postmaster Jester, who testified j
the morning, was recalled by the Gov
ernment. and said he stamped tn
package on the morning of July 2
Mr.. Fay wanted to know why he di
not send the book on its way, and MI
Jester said he was acting under posta
laws.
The book was then produced as ev
dence. and Mr.. Fay made a plea tina
as the book was confscated by
money order clerk and policeman
II should not be admitted. He elaine
that the money order clerk was liabl
TO a fine of $4,000 "if the District Al
torney did his duty. and prosecuted,
In his address to the court on th
constitutionality of the seizure
Glasgow's effects, Mr.. Fay said h
was a foreigner in this state, havin
been born in New Jersey, and ha
heard the cackle of the blue hens
chicken and the humming of tn
Jersey mosquito"
He was followed by District Attol
ney Nields, who submitted variou
opinions bearing out his contentio
that the seizure was according to las
COL. POSTLES TO SEE BERMUD
Colonel Grantley P. Postles tht
H.. -