Evening journal., 1911-11-20
UPHOLD One
FEDERAL LAW

Continued from First Page)
Judge Bradford said he had very lit
tie doubt at the conclusion Of the
argument on one Of the demurrers,
but he did have as to the second. The
delay in announcing the courts ac-
tion on the first demurrer has been
out Of courtesy and consideration to
mir. Fay rather than on any other
ground, the judge said, and as the
jurors are to report Wednesday Il is
necessary to attend TO the matter
promptly in order that the jury should
not be brought to court unnecessarily.
Mr.. Fay had sent word that he desired
to be present or be represented, and
he observed that Mr.. Miller was pres
ent in behalf of MIR. Glasgow.
Judge Bradford then announced
that the demurrer i'm the first case,
attacking the constitutionality OF the
law regarding the mailing OF objec-
tionable matter, would be overruled,
and that some questions had arisen
that required much more considera-
tion than the court could bestow at
this time as to the demurrer attacking
the case growing out OF the sending OF
alleged Objectionable matter by ex-
press
Judge Bradford said he had receiv-
ed a long telegram from Mr.. Fay say
ing he could not be present today and
could not be present Wednesday ex-
cept at great Inconvenience. but as the
! Jurors are to be here Judge Bradford
said he could not see how he could
accede TO further delay under the cir
] cumstances.
Deny One Motion
At this iuncture Mr.. Miller asked
leave TO note an exception TO the
courts ruling, and added that he had
several motions TO present. His first
was a motion that the court instruct
the grand jury to return a bill of par
ticulars as to what portions Of Glas-
COWS book are alleged to be obscene
or Objectionable in order that Glasgow
may be apprised before pleading
THAT motion is denied, Judge
! Bradford stated. but you are at lib
crty to move for a bill OF particulars.
Mr. Miller noted an exception to this,
too. and then applied for the court to
require District Attorney Nields TO
! furnish bill of particulars. Judge
Bradford said that Glasgow was
charged with mailing an improper
| book" and he asked Mr.. Miller If the
/ production Of the book itself would
not answer. Mr.. Miller said he didn't
think so. as Il contained ia pages
and he didn't think all of it could be
improper and until he is shown what
| Is regarded as improper he didn't feel
he could plead intelligenuy to the in-
diotment
IF IL is obscene or lasciyious in any
part IL is a lascivious book" remark
ed the Judge.
At this juncture District Attorney
Nields said he was prepared to furnish
such particulars II the court should
so order. and Judge Bradford asked
Mr. Nields if he consented TO Mr.. Mil
lers motion. "If not the court will
have to consider IL fully" the judge
said Mr.. Nields said he would look
up the question further. and the Judge
set o'clock for further consideration
OF the case.
Mr.. Miller then made a motion that
the district attorney be required 60
return trunk and other articles
taken from Glasgow's room.
"That is totally unnecessary, said
Mr. Nields, briskly. IF a request had
been made TO me they would have
/ been returned No such request has
come to me from anybody"
Mr. Miller said he understood from
Mr.. Fay that such a request had been
made and had been refused.
Mr. Miller then requested the court
TO name a commissioner to take tes-
timony of witnesses IN the Glasgow
case in Washington and in the district
of Northern Illinois. Judge Brad
ford said he thought that motion
should not come until after a plea
had been entered.
AN application to take testimony
in a criminal case in this section is
entirely novel" Judge Bradford re-
marked, and he called on Herbert II.
Ward, former attorney-general. and
Alexander B. Cooper, former deputy
encouragement, and former district
attorney. as to their knowledge OF
such a move.
Mr.. Ward said that no such appli-
cation ever came TO him during his
term as attorney general, but once in
his experience he desired the testi-
mony Of persons as to the sanity OF an
accused man taken in another state
by commission. AT the time he