The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-11-16
LOCAL CASE IS
DISMISSED IN
The us. COURT
CASE AGAINST PUBLISHERS OF
THE NEWS WAS NoLLE
PRossED YESTERDAY.
indictments Were Returned in savan-
nah Several Months Ago, But Case
Was Quickly Ordered OF the Docket
by Judge Emory speer.


tFrom Yesterdays savannah Press.)
In allowing nolle prosequi to be
entered today in the United States
court to the indictment against the
Brunswick News, Messrs. Clarence II.
and L. J. Leavy, Jr., publishers, Judge
Emory Speer gave the owners and
publishers Of this newspaper. a clean
bill OF health with regard to any in
tent as charged to violate the laws
OF the United States against publish.
ing lacts about a lottery. and also
made some interesting observations on
the causes which led to the insertion
OF advertisements and reading notices
in the Brunswick newspaper which
led 10 the Indictment.
The Messrs, Loayy appeared in
court, accompanied by their attorney,
Capt Robert NJ. Hitch. Today had
been set for the return of the indict-
ment Captain Hitch told the court
OF the publication of the advertise
ment and notices about the drawing
for lot under the auspices of the
Daughters of the American ReyoIu-
ton; about the piano which an aged
veteran ratified off, and about the Civ
ing away of a season ticket at the
Brunswick opera house. The attor-
nty impressed the act on the court
that the causes were worthy ones aud
had been entered into by the Brlns,
wick News publishers without inren.
tion to disregard any statute Of con
gress against lotteries.
Mr.. Alexander Akerman. assistant
district attorney, addressed the court
on behalf Of the government and gave
his reasons for having had the indict-
ment brought against The News. He
said the laws against printing and
circulating lottery news had been
violated frequently by newspapers, but.
not particularly the one in question,
and it was simply his desire TO IN
press on publishers that this class of
news must not be circulated through
the mails Mr.. Akerman said he was
not at all desirous Of having the
charges pressed and readily consent
ed to the nolle prosequi. Accordingly
Judge Speer allowed the order after
making The following observations:
1t occurs to me that these are
cases wherein the government is sin
gnlarly infelicitous in its prosecution.
One count is against an advertisement
of Confederate veteran, who seeks
to delight mankind, by enabling it to
enjoy the dHlcet harmonies which can
be thrown of By his ancient piano, or
more properly harpsichord This is
an eleyating purpose on his part The
effect Of music on mankind is said to
be one of the strongest arguments for
the Immortality OF the soul And as
suredly it has been very fascinating:
/" Since music, heavenly maid was
young,
Since first attuned her yiol rung
And the soft hautboy's melting trill
Confessed the magic masters skill.
4 do not think, therefore, that
there is any crime. beyond de mini
mis- in the effort on the part Of this
veteran to rattle off, as you say, his
piano.
The action of the opera house was
on the same line, and when you speak
OF a local chapter of the Daughter
of the American Revolution you speak
OF an impossibility. The Daughters
of the Revolution cannot be local,
they are universal, and this court un-
der no circumstances would entertain
an indictment which would in any
way impinge upon any purpose or de-
Sire they may have, whether they
are the Daughters of the American
Revolution, descended from Washing
toms ragged eontinentals, or the
Daughters of our recent Revolution
sometimes called the Civil War by
those who are uniformed. For these
reasons / regard these cases as of.
that trivial class, which should be
promptly swept. off the dockets. We
have many graEer things to attend to.
Besides they are against a newspaper
and would displease many women
Henry Clay said there were three that
he would not have a controversy with,
one was a preacher because Of his
pulpit; another, a woman, because of
her tongue; and last a newspaper, for
obvious reasons. You shall not make
the Judge of this court undergo dan
gers the Great Commoner would not