Evening journal., 1911-10-23
GLASGOW SEEKS
.HABEAS CORPUS
Will Ask U. S. Supreme Court
for Release From Prison
Cell
COMMITTED NO
CRIME, He AYERS

]. Wesley Glasgow, against whom
the Federal Grand Jury found two
indictments on charges of sending OBJ
jectionable matter through the United
States mails, has taken his case TO the
United States Supreme Court at
Washington.
When the case was called today. 10
o'clock this morning, having been fix
ed for the defendant to withdraw his
plea of guilty, to file a demurrer to
the indictment or motion TO quash the
indictments. John c. Fay, an attor-
ney, of Washington. who represented
the defendant, informed the court
that he had filed an application for
habeas corpus in the United States
Supreme Court, for the discharge OF
his client. Fay said he took this pro-
7 ceeding. on the ground that the act
under which the indictments against
his client were found, was unconsu-
tutional, and that the defendant had
committed no crime against the laws
of the United States.
Judge Edward G.. Bradford could
not understand why the counsel for
Glasgow wanted to take the case TO
the Supreme Court and asked MIR. Fay
II he could not have accomplished the
same purpose by filing demurrer to
the indictments In this court.
Mr. Fay said he thought he could,
but added that his client had the con-
stitutional right of appealing to the
United States Supreme Court. Aside
from this, Mr. Fay said he was mem
Der Of the Washington bar and IL was
inconvenient for him to come TO Will
mington every time II was necessary
in this case. as much as he would be
pleased to try a case before the hon
ored court.
Judge Bradford asked the Washing
ton lawyer If he had ever known OF
habeas corpus being awarded or ap-
piled for, for the purpose OF testing
the efficiency of an indictment.
Mr.. Fay said he did and called the
, courts attention 10 two cases. The
court, however was familiar with
both, and said they did not apply to
the present case. The court said II
Z would not grant any order at this
time as It was not at all satisfied that
, cause has been made for another
delay. Mr.. Fay said he could bring
2 authority but did not want to take
! up the time OF the court.
Mr.. Fay promised that in the event
of the Supreme Court denying his ap
plication for habeas corpus he woulC
file a petition in the local court OF
next Tuesday which he said, he fel
the court would approve. While th'
court made no order, nothing will b.
81. done with the case here until mex
Tuesday
|. When the court would not make a.
7 order I'm the case. Mr.. Fay asked tina
a minute be made of the statement
y made before the court relative to III
action he took in the United State
u Supreme Court. This the court sal
= II would allow.
/ At this juncture Mr.. Fay sprung
= surprise by offering an afidavit mad
- by Glasgow. containing a statemer
I" concerning treatment he said he ha
received at the workhouse. Mr.. Fa
/ wished to file II with the court. Judg
e Bradford, however, denied the motto
g on the ground that simply an affdav
d was not sufficient He informed oh
n attorney that If the defendant filed
petition in proper form asking fo
relief the court would entertain It.
Mr. Fay said he couldn't allow hi
client to institute such proceedings &
N lilc lllHCs Alt NldlAnCu AnaA " W. y
- since he had taken his case to tn
,s United States Supreme Court, woul
bring him in contempt of that bod,
= He added that he felt sure that II th
sd court was acquainted with the COZ
r tents of the affidavit Il would ords
!; prompt investigation. "If the stat
m ment contained in this affidavit
he true" said Mr. Fay, "the warden
that prison is in contempt Of tn
court"
The court still refused to allow q
on affidavit to be filed. Mr.. Fay then ol
Id dorsed It, hoping to have II filed
n that way but still the court RENAME
" obdurate.
fa The court reiterated that It wou
~ entertain at any time proper pet
o. ton covering the subject.
I'D The affidavit in question was lat
;s seen by a reporter for THE EVENlN
" JOURNAL. It set forth principally tn
ra Glasgow. while in the workhouse wi
re prevented from communicating WI
he his attorney, Mr.. Fay. and that an @
velope containing facts about his cas-
r. which he had handed TO guard
~ mail to his attorney. was handed
&c him IS weeks afterward unmaile
Wv There is nothing in the affidavit co
~ cerning treatment accorded him viii
mr. in the prison.
ha