Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-10-24
WATSON WINS FIRST ROUND
Indictment ouashed Against Editor Of
= Jeffersonian.

y 5 Jeffersonian.
Holding that the indictment charg-
ing Thomas e. Watson. historian. edi-
tor and former presidential candidate.
with sending obscene matter through
the mails was illegal, Federal Judge
Rufus E. Foster ordered the case
thrown out Of court at Augusta on
Tuesday. ...
In sustaining the motion Of the de-
fe1se made Monday. asking that the
indictment be quashed, Judge Foster
brought the trial to an abrupt and
unexpected close. The largest audience
ever assembled In the Federal court
room here attended today's session,
and when the Judge announced his
ruling dismissing the charges against
the Georgia editor, the spectators
broke into thunderous cheers. Judge
Foster paid no attention to this de-
monstration. which quickly subsided.
1t was solely upon the contention rails
ed by Mr.. Watson himself that under
the Federal statute the entire alleged
obscene article, and not portions Of It.
must be included in the indictment,
that the court ordered the case dis
missed. Extended argument upon the
motion had been made by 8. G. Nc
Lendon, Mr.. Watson's principal attor-
ney, and at the close Of this the de-
fendant asked permission to present
what he described as "other phases" Of
the matter. ...,g g.. r..-
This being granted. Mr.. Watson ad-
dressed the court briefly. laying stress
upon his claim that the Indictment
should not select certain passages Of
the article written by him, but should
include the entire matter. He said
that unless this were true. 1t would be
possible to indict persons mailing
copies of the Bible or the criminal
code Of Georgia. .... .
Argument against the motion by
the United States district attorney,
Alexander Akerman, was brief and
was limited to a defense of the gov
ernment's position that the indictment
need merely indicate the alleged OBJ
scene passages and not the entire ar
ticle in which they appeared. He said
that he had decision to support this,
but did not produce them in court, and
Judge Foster ordered the indictment
quashed. In announcing his decision
Judge Foster said: Hr .
1T appears in this indictment. In
all three counts, that the publication
alleged to have been sent through the
mails in violation Of the law Is an ex-
tract from a complete article. 1t is
clearly in my opinion that the govern
ment is required to plead the entire
article. The article Is obscene as a
whole or Is not obscene, and we can
not take out few paragraphs here and
there and charge them as obscene and
make them the basis Of an indict-
ment. 1t may be that progress here
and there Is sufficient to impress the
whole publication with obscenity, but
the defendant is entitled to be charg-
ed with sending the complete article.
The publication is an entire thing. II
is not a part or extract. We would be
able to indict a sender Of the Bible on
this theory.
II am not pretending to rule on any
other feature Of the indictment. The
question of whether 1t Is obscene II
set out in dead language is not pass
ed upon. On this view I will sustain
the motion to quash.
mo prescription will have run. 1t
is possible for the government to re-
indict and make these entire articles
part Of the indictment. think that
is due to the defendant in this case.
That will be my ruling"
What course the United States dis
trict attorney will pursue Is in doubt,
as he has refused. SO far. to discuss
the matter. Mr. Watson, before leav-
ing Augusta for his home at Thomson,
Ga, expressed himself as satisfied
with the outcome Of the trial. He ap-
parently was greatly pleased.