Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-07-17
WILLIAMS CASE IS
DISMISSED At
PRELIMINARY
HEARING
Government Foozles Prosecu-
tion of Minister Charged
With Improper Use Of the
Mails and Moves Dismissal,
NO FURTHER ACTION TO
BE TAKEN AT THIS TIME"


The case of the United States vs.
Rev Hermon =. Williams. pastor OF
the Gold and Broadway church of
Christ, WAS dismissed by United
States Commissioner a. A. whiting
at 3:l5 o'clock this afternoon aa the
result ut tho preliminary hearing ~
MIR Williams ON the charge ut trans
hitting improper matter through the
Iaitrd states malls iu the form uf
The IouIkuOhbeT' u periodical
suppuri,d bv the churches aud de-
voted Coo fighting thc tcnderiuin cvil.
When tho commissioner announced
hiH decision there war ioud and pro-
lungrd applause from the crowd.
mostly women, which packed the
commissioner office ,u thp federal
building. The Eu.crnmrnt made u
known that there would bc me- fur
thcr action taken against MI VIII
nms "ut this time" The govern
mcut wua represented by Leroy o.,
Moore uf Santa Fr. who arrived on
IA" limited train this morning nud by
his own admission In tho court room
knew nothing about tho ease ana
submitted evidence to prove AN Of
tclsy which was not the anmo as that
mentioned in the Information lodged
against Nr williams.
Mr Moore stated that tine puy,-n-
mcut would not press the case 'ut
th.f time ana W iIs uustpucr the
coWm'vuE,r di-W s,d Mr Williams.
vino vHa ,r.r. cr.utry surrounded with
.1 eager press no coplc anxious 60
congratulate him uu the outcome.
Mr Williams Wu- presented los At-
tornry Francis E wood of M1rrpu
and wood. who moved ut one. t1
pua-h and dismiss pu th, ground thHt
ihv complaint was mot specific enough
tu inform Jlp defense ui what 10 uus
charged with 500 that It could prepare
defense.
Mr wood couteudcd that the in-
formation dtd not describe the article
alleged Goo have been obscene ur indie
cent 100 violation of the postal roEulu-
tiuus Thu commissioner ruled that
the Information was sufficient and the
government finally agreed upon tho
issue of th. "hUorknohbvr of May
Ion upuu which tp rest to- case
Postmaster g.. ". Hopkins. who
testified us tD receiving the uewSpd-
pcrs az the pu-tufiicr ana Dr e.. n.
Caruos who testified Go receiving cop
les bl United Ssutos mail carrier were
placed ou the stand and asked few
questions by The attorneys.
Mt Moore suggested tu the cont
missioner that % might he well to
ask the large number ut ladies pres
cnt to retire while he read
portions ot the article In the
issue ur Mly A. alleged Co
he 60 indecent Tor transmission
through the mails. Attorney wood
suggested that as the ladies present
had an read the article and were ia
miuar with its contents any request
for them Co leave Tho room would he
unnecessary and the commissioners
asked tho governments attorney Co
proceed with the reading OF the ar
ticle which h, did, thcreupon resting
his case.
Attorney wood nt once stated that
the article read from the issue ~
May ~ wac plainly not the 0ne mem
toned Zoo the Information as being
mailed On june 9 3 ANA moved Co dis
miss the ease.
MIR. Moore. somewhat taken ubuck
asked Go sye the Information, aud Hd-
mittcd that hc had submitted tho
wrong article fTho first ! heard "i
the Uusr." said Mr Moore. wHs
when arrived ou the imitrn thl-
muruing. aud viii say frankly that
/ know male about b. My duties.
however, compel me Go Ro ahead
with the Dasr. however much ] mnh
bc inclined otherwise. and ! suggest
90 counsel that since We are here we
bottrr go ahead with tho cusc OF the
paper mentioned boo th, Information.
Nr wood Ht once stated that 20
Was not the wish Ui the dofeese 90
! cause DELAY and thut the defense wuH
| quite willing 200 go ahead and thresn
J thr matter out
4 recess was nkeu to prepare thr
| papers for procedure as agreed upon
| but when tho hearing WAS resumed
| the government expressed lts dosIr,
tp drop tho ease tor 90, present and Do
| Was uDnorimgly dismissed by GA,
| commissioner
Members of the audience which
| nuod th, court room 90 auffoes'lon
especially members of tho NHriuuf
| churches 8ud of the ,iuzrns league
| were vNuituut over the outcome u'
| tho case This afternoon and declared
that th. campaign against the suclu
| evil Iu tliH .ift nI1l not hp lhutDN.