Evening journal., 1911-12-15
TEARS FLOW
In COURT ROOM
Both Fay and Glasgow Weep
While Fsrmer Argues Be-
fore Jury
CASE MAY GO TO
'e JURY THIS AFTERNOON

In United States Court this morning
prior to the submitting of prayers in
the case of j. Wesley Glasgow, ac-
cused of sending obscene literature
through the mails, Judge Bradford
said attorneys in the case would con-
fer a favor on the court by refrain
ing from statements in their argu
ments, which were not substanuated
by the evidence in the case
District Attorney Nields then sub
mitted his prayers and opened his
argument. Mr. Nields contended that
the book which is alleged to have been
mailed by Glasgow tended to corrupt
the morals of those having such tell
denotes. In substantiating this he
read numerous opinions handed down
by various Judges in the Supreme
Court 1t required just one hour for
District Attorney Nields to present
his arguments.
Mr. Fay occupied but few min
utes in reading his prayers, in which
he asked the court to instruct the
jury to give the defendant all reason
able doubts. Mr.. Fay referred to the
refusal of the Government to sum-
mon DR.. V. c. Washburn and others
by whom the defense wanted to pre-
sent certain evidence. Judge Brad
ford, took exception 20 this statement
-as the court thought it was an at
tempt t0 place the statement before
the jurors This was denied by Mr.
Fay.
Mr.. Fay attacked the testimony of
Hal, the witness for the Governments
whereupon the court told Mr. Fay that
Hall was a witness and would be pro-
tected
Mr.. Fay then produced a Bible
which he said had been presented to
him by his father. Mr.. Fay wanted
80 show that the Bible contained
Some words which some persons
might think Objectionable. The court
asked that the Bible be left out Of
the case. During discussion on this
point both Mr.. Fay and Mr.. Glasgow
We're in tears. The argument will
be continued this afternoon.
Artilleryman Stevens, of Fort How
ard Md, was called TO the stand
when court convened yesterday af-
ternoon. The soldier identified the
pictures in the book mailed by Glas-
gov as being similar to those shown
him at the fort. District Attorney
Neilds asked Stevens if he was un-
married Mr. Fay objected. saying
he had been denied the righ to ask
the jurors that question. Mr.. Nields
then asked if others were present
when the book was shown, and the
court sustained an objection by Mr..
Fay. Under cross-examination it was
stated by Stevens that he was not
sure what the title page of the book
bore.
James Frank another army man,
produced a book similar to the one
in evidence which he said he had
bought from Glasgow.
Luke Paulick. an artillerman, who
said he was native O. Austria. and
had not full citizenship papers. turn
ed over a book which he said he had
bought from Glasgow. w. w. Boyd
aged 19 years, of Fort Howard, was
the last witness called by the gov
ernment.
Mr.. Fay said that as Mr.. Nields haC
a troop of artillerymen, infantry, anC
others present and the forts were un
manned" he thought it unnecessary t
hear them corroborate each other
thereby delaying the trial. Judge Brad
q ford agreed and Postmaster Jeste
was called. He explained the posta
regulations governing the opening o
mails but Mr. Fay objected as one o
the regulations was printed by th'
Government and the other by print
ing firm in New York. The first on
was agreeable to the defenses counse
and after much argument both wer
admitted
The Government then closed and MI
Fay made his opening to the jury
stating that the Government had copy
righted the book and given Glasgow
the sole right to sell it.
Alfred b. Stevenson, of No. 914 Kis
street was called as the first witnes
for the defense and Mr.. Fay asked hir
to compare pictures in the book wit
those in Gray's Anatomy which
considered a standard medical worl
This was objected to and Mr. Fay the
claimed that his other witnesses wer
not present as the Government had rC
fused to summon them at its expens'