The evening world., 1912-11-25
JULIAN HAWTHORNE
STR|ED ON CHARGE
Of MINING FRAUDS
Great Authors Son Faces Jury,
Accused of Using Mails for
Unlawful Purpose.

Julian Hawthorne. son Of Nathaniel
Hawthorne. tho author OF classic ro-
mances Of early New England, was put
on trial to-day before Judge Hough In
the United States Circuit Court with
former. Mayor Josiah Quincy of Boston
and others OF his associates in issuing
and selling mining stocks They are
charged with using the malls to de-
fraud.
Albert Freeman, q promoter who has
long been active in exploiting securities
not listed by the stock exchanges, the
Government will try TO show by wit.
nesses, originated the idea Of using the
name OF the son Of the great New Eng
land novelist To rouse interest in mining
stocks. Josiah Quincy. who had been
legal adviser for Freeman. became the
legal adviser Tor the new combination
Of min,as and literature.
The Government charges that he had
guiity wiedge OF tho sale Of stocks
through the mail by means Of criminal
Misrepresentation and OF sharing In the
profits. Mr.. Quincy and his friends In
sst that he served merely A. the law
ye. who drew up tho incorporation
papers for tire mining properties.
DR.. william J. Morton. nerve spe-
ciaiist. 10 charged with financing the
initial expenses Of the enterprise and
taking . share Of the proceeds.
A distinguished array Of counsel APP
psared for the accused. Thomas W.
Proctor appeared for Julian Hawthorne.
Albert Freeman and DIR. w. J. Morton
together. Roderick wellman. son of
the great cross-examiner. appeared for
Hawthorne and John MacKinnon. sec
rotary Of the Julian Hawthorne Min
Ing Company. who, II was agreed.
shouid b tried separately: Joseph II.
choats jr.. a. special counsel for DR..
Norton, and the Boston arm Of Hurl-
burt. Jones q Cabot for Josiah Quincy.
Assistant District-Attorney q. II. Dorr
appeared for the Government
There was . we'll established rumor
that 1lacKsnnon was left out OF the
thai because the Government intends
10 use him - . witness.
COURT ovgRRuLGs MOTION TO
2 ouAsH INDICTMENTS.
Tynnaoa hawthorne. silver haired. his
vronHisd face suil brown with summer
an. At bssads his counsel slunped
dewn h the chair. now and then
tsgging at his POLITICALLY dropping
nusta0hs. Mr.. Quincy. his slender
Asurs bolt upright. II AZ white Of head
ana mustache a. Mr.. Hawthorne. HIS
nnsly cut features were troubled and
~ nsrvously pulled at the snowy para
~ OF collar under his chin or smooshcd
With his hand his extraordinarily high
brow.
Mr.. Proctor opened the proceedinxs
With q technical motion TO strike out
ums Of the ive indictments against
each OF the defendants. Tho beautiful
,etters which Hawthorne wrote and
mailed 70 admirers OF his fathers
works, college professors and others.
usgiAg them to buy stocks. were In
themselves harmlsss. and did not show
hin or any Of the defendants guilty Ut
conspiracy, It was declared.
This motion and others to the sane
eject were overruled.
Judge Hough instructed the aaiesmon
motions to live up to the promises made
for them was not an issue In the trial.
The question was whether the promises
and predictions of Hawthorne and hii
associates were knowingly false an
made With the object OF getting money
from persons deceived by them
A comparatively unusual method o.
selecting the Jury was ordered by Judg,
Hon0h. After twelve men had bee,
paved a. free from bias or favor tne,
were excused while ..lieen moro 'r'ns
men we're examined as TO their Quallh
cations 10 MI the places of any VIA
might be challenged peremptorily b,
the prosecution or defense.
vALesMAN SAYS MOST MINING
seetEMES ARE skins"
Mr. Ch5ate IN asking talesmen II the
had any prejudice against DR.. Morto
dweit on the fact that the physician
the son OF the d!scoverer OF ether as a
anaesthetic-
Counsel for Hawthorne and cyainc
were interchangeable In ringing th
4. changes on their clients eminence 4
their pro. essions, weaving these trlh
uies skllfully into the questions aske
by jurors.
Louis G. Wagner, "A talesman, tol
Mr.. Hall OF the defense that he ha
once bought some mining stock
II have no prejudice against homes
promotions" he sad. but thrce-fourih
Of them are skins
The defense asked for Mr.. Wagner
elimination for bias. The request wa
not granted and he took his place o
the tentative list OF subs flutes.