The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-10-21
TRIAL OF WATSON
NOW IN PROGRESS
Hearing of Motion to Quash
Indictment Continued
Until To-Day.
JUDGE TO STUDY LANGUAGE
Editor and Politician Charged
With Sending Obscene Mat
ter Through Mails.

Augusta, Ga. October oO.-Hearing
of the motion OF the defense to ouash
the Federal Indictment against Thomas
4. Watson. editor, publicist and poll
tician, charged with sending obscene
matter through the mails. to-day was
continued until tomorrow by United
States Judge Rufus F.. Foster. In order
to give the court opportunity to study
the language OF the publications al
legged to be Objectionable
Attorneys for Watson, prior to the
opening OF court had predicted that
the case never would reach the jury.
and had intimated that it might not
be tried Mt all. In this however, they
We're mistaken. for less than half an
hour after court opened, Judge Foster
called the case and directed that n
jury be drawn.
Upon request of S. G. McLendon. of
the defense. the drawing of the jury
was postponed in order that two mo-
lions might be presented to the court
The first of these was that the govern
mont be directed to file Il bill of par
ticulars, supplying the issues of Wat
sons Magazine" and The Jeffersonian,
III which the alleged obscene language
appeared. By direction OF the court,
IL.
Argument UncompIcted.
The second motion of the defense,
ana tho one upon which argument still
WAS uncompleted when court adjourn
cd, was that which requested the quash-
ing of the indictment against the Geor-
gia editor upon the ground that Con-
BiesS has no right 10 abridge the free
dom of the press.
1t was admitted by the defense that
Watson had written and published GER
tain attacks upon the Roman Catholic
Church, In which the passages REFERRED
TO in the indictment returned against
him November IL. 1912. appeared. Two
of these passages We're in English and
one in Latin. Mr. McLcndon, however,
argued that the indictment should be
quashcd because the alleged unmail-
able matter was not set out therein
nor the names OF any persons addressed
given, because the publication contain
ing the passage is not n book or
pamphlet, because the language Is not
obscene within the meaning OF the
statute, because the Supreme Court
has no authority TO establish a stand
ard of obscenty and because the stat
ute itself is indefinite in that il omits
the mention of newspapers and maya
zines.
The defense argued that the Federal
statute is void, because Congress has
4ioe VIC power &C make any act a crime
In which the element of unlawful in
tent is not involved or to abridge the
freedom OF the press.
Mr.. McLendon recitcd the chronology
OF similar cases in the courts OF tho
United states. He was in the midst OF
this argument when Judge Foster in
terrupted him by saying that it seemed
useless 10 further pursue the historical
aspects OF the matter
Can Exclude Obscene Matter
The United States Supreme Court
has decided" said Judge Foster. that
congress can exclude obscene matter
from the mails, regardless Of whether
II appears in newspapers. magazines or
letters. This would not in my opinion
trench upon the freedom OF the press.
and cannot understand how any man
would be unable to express his ideas
without resorting to tho use Of obscene
or filthy language"
Saying that the real purpose of The
case was to determine whether the
language referred to in the indictment
is in violation OF the law, Judge Foster
adjourned court until tomorrow in or
der to familiarize himself with the cx-
act nature of the passages in question.
MIR. Watson, who arrived In court
a few minutes before his case was
called, sat during the session at his
counsefs table. United States District
Attorney Alexander Alderman, con-
Quoting the case for the Government,
o-night said that tho trial might be
more extended than he had at first
supposed. Court will convene at 10
o'clock Tomorrow