Evening journal., 1911-12-13
GLASGOW
SHEDS TEARS
Affected When Counsel Tells
Of low he Mas Deprived
of Liberty
GOVERNMENT PRESENTS
CASE AGAINST DEFENDANT

John P. Nields. United States Dis
trict Attorney, made his opening ad-
dress to the jury this morning in the
case Of ]. Wesley Glasgow, accused
Of sending obscene matter through
tho mails. Mr.. Nields said the gov
ernment hoped to proved that the de-
fendant mailed the package contain
ing the book in question. in the let
ter drop at the local postoffice. Mr..
Nields said the government would
also endeavor to show by soldiers at
Fort Howard, Fort Myers and Wash
ington Barracks that Glasgow had
turned the pages Of the book when
displayed to them.
When Mr.. Nields had finished At
tnruey John c. Fay OF Washington,
rep resenung Glasgow. asked for an
opening. but this was refused at this
time. the court explaining that the
defense could not make its opening
until after the prosecution had pre-
sented its evidence. The government
then began the examintion of Wit
nesses.
James NJ. S. Kelley. who said he
was acting stamp clerk in the local
postoffice on Thursday. July 20, said
Glasgow came TO the window about
7.45 o'clock that day and asked what
postage was required to mail pack
age. Kelley said he was new az the
window and made a mistake telling
Glasgow it required s cents to mail
the package.
Witness said he saw the package
later when it had been taken from the
drop box. The package was then pro-
duced and MIR. Fay, counsel for de-
fendant, objected, saying the book had
been confiscated in violation Of the
postal laws, and as such it should not
/ be admitted as it was tainted. The
objection was not sustained.
Garrett S. Smith, money order clerk
told of meeting Patrolman Mcbride
that night and of how he went into
the Postoffice, took package and cut
! the string. Then the officer went In
search of Postal Inspector Plummer
He was not located and the book and
wrapper were given to Postmaster
! Jester. the next morning. Upon being
cross-examined by Mr.. Fay, Mr.. Smith
said he was not on duty at the time.
why did you let this policeman
into that part of the building" asked
Mr.. Fay.
WAS it where the public had ac-
cess? Did you know you violated
the postal law?" were other questions
put to Mr.. Smith by Mr.. Fay.
Mr.. Nields said Mr.. Smith had not
violated the postal laws and Mr.. Fay
replied, "Well, We will see whether
they were or not"
Mr. Smith was asked why he sought
Mr.. Plummer, and he stated because
he, Mr. Plummer. was over the post
master. Mr.. Fay then asked him i
Mr.. Smith did not know that tn
postmaster was appointed by th'
President and confirmed by the Sen
ate. whereas Mr.. Plummer was bu
an appointed officer. No answer wal
made
Postmaster Jester was then called
and told of the duties of the two pre-
vious witnesses. He stated during
examination by Mr.. Fay that thu
string on the package was not cui
and that the clerks could unite al
fourth class mails. This was OBJ
iected to by the attorney for the de
fense and it was overruled.
Policeman Mcbride then told O
watching Glasgow following the re
ceiving of complaints from William
Hail. Of No SIG Orange street MI
Fay objected to this part of the testi
mony, and it was finally overruleC
Officer Mcbride told of meeting Smit
and going into the postoffice and cut
ting the string on the package whic
Glasgow is said to have mailed.
officer John c. Purcell, who wen
to Glasgows boarding house, at 81
King street, told of following Gla;
gov from the postoffice to Ninth an
Market streets, on Thursday evening
July goth. and of having a man fol
low him to his boarding house. Tn
officer also said that he went to tn
Glasgow boarding house the next da
at the request of the District AttOrne,
accompanied by a marshal. and takin
all the belongings of Glasgow. Whei
a cross-examined, he said he saw n
5 warrant. Mr. Fay concluded hi
e cross-examination. saying, have 20
5 any of those things nOw?'
Il uINtll ItlAAEuf W. NAAs
D Frank Wolfe. of Scranton. Pa, wa
= called, but before he could be exam
r ined Mr.. Fay made application fC
r several letters in possession Of th
2 Government, one of which was frol
= Wolfe. Mr.. Fay said he had mad
i request for the letters several time
and they had not all been turned owe
to him. Continuing he said "Th
officer went to this mans room. an
took all his letters, clothes and othe
belongings and kept them. Glasgo
y was taken to the prison and the fe'
I clothes he had on were stripped frol
his back and the prison stripes pla,
. ed on him with the knowledge of th
, District Attorney"
Mr.. Fay then read a section Of tn
constitution of the United States an
+ exclaimed, by what right has tn
. District Attorney to seize the paper
and belongings Of this American cit
4 zen? It was nothing more thai
larceny"
Glasgow sat beside Charles c. Mi