Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-22
ENDS
TRIAL Of
EDITOR
Grand Jury Bill Defective and
Unfair to Defendant, Asserts
Judge Foster.

AUGUSTA, Oct. 21.--Judge Foster
in United States District Court here
this afternoon sustained the motion
of counsel for Thomas E. Watson, the
Thomson editor, lawyer and politi-
clan, to quash the indictment against
him, charging the sending Of obscene
matter through the United States
mails. This motion. presented Mon
day by S. Guyt McLendon, chief of
to try him on this indictment would
be to deny him his constitutional
rights as a citizen, and the clause
granting freedom to the press.
Judge Foster, in sustaining the mo-
ton throwing the case out Of court.
held that it was not proper for mere
extracts of the article in The Jeffer-
sonian objected to to be quoted in
the indictment. but that the defend
ant should have the benefit of the en-
tire article. The Judge declared that
under the construction Of the law by
the District Attorney the senders Of
the Bible through the mails would be
liable to indictment, since certain
passages that could be extracted from
the Bible were unquestionably OBJ
scene.
New Indictment Possible.
The court said that there was moth
ing in his decision intended to pre-
vent the case being brought over
again and another indictment brought
by a Grand Jury. However, should
another Indictment be brought, which
appears to be extremely improbable,
the entire article and not extracts
therefrom would have to be used in
the indictment,
If the case had gone to the jury,
stated the court, the jury would have
which was included in the indictment
that is, the three extracts alleged to
be obscene-and that it was only fair
| to the jury to have the entire article
so as to Judge from it's context wheth-
err or not It was obscene as q whole.
The announcement that the court
| had sustained the motion to quash
| was followed Immediately by vocifer-
Gus applause on the part of several
hundred people who had packed the
courtroom. There were great many
who were unable to get in because OF
the limited capacity. Mr.. Watson was
| warmly congratulated. District At
| torney Alderman was asked for a
statement as to whether or not he
| would attempt to indict Mr.. Watson
again. but refused to make a state
! ment.
The indictment oHeMr. Watson was
the outgrowth of publications In The
| Jeffersonian attacking the Catholic
| Church's confessional and the oath
| taken by initiates in the Knights OF
Columbus, a Catholic fraternity.
| Watson Arrives Early.
T, Court opened this morning at 1910
| o'clock The room was packed to ca
! pacity long before that hour. Mr.
J Watson was an early arrival With
! him sat Mr.. McLendon, his leading
| counsel; Judge j. B. Burnside, asso-
! ciated in the defense, and Major c. E.
McGregor, Of Warrenton. a close
| friend.
! Judge Foster said that the act OF
Congress Of 1912, which forced news
papers to print the names Of their
stockholders, bondholders, etc, wheth-
er they wanted to or not had been
held constitutional. and that case. &C
cording to Judge Foster, seemed to
be almost a parallel case so far as
the power Of Congress over the press
was concerned.
"The Congress Of the United States
can compel the newspapers to print
that which some or them DO not wish
| to print, probably, when they must
give a list of the stockholders, so II
would seem that act places limita
ton on the freedom Of the press said
Judge Foster.