The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-10-24
OUASHES CHARGE
AGAINST WATSON
Federal Judge Throws Out Indict-
ment.-AnOther May Follow.

Augusta, Ca, Oct 21.-Holding that
the indictment charging Thomas E.
, Watson, historian, editor ana forme-
presidential candidate, with sending
obscene matter through the mails, was
ill5 gal, Federal Judge Rufus E. Fos-
ter today ordered the case thrown out
of court.
In sustaining the motion Of the de-
tense, made yesterday, asking that the
Indictment be quashed, Judge Foster
brought the trial to an abrupt and un-
expected 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 demon
stration, which quickly subsided. 1t
was solely upon the contention raised
by Mr.. Watson himself that under the
federal statute the entire alleged OBJ
scene 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 S. 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 another phase
of the matter.
Pleads Own Case.
This being granted, Mr.. Watson
addressed the court today, laying
stress upon his claim that the indict-
ment should not select certain pas
sages OF the article written by him,
but should include the entire matter
He said that unless this were true, it
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 lim::ed to a defense Of the gov
I,ernment's position that the indictment
need merely indicate the alleged OBJ
scene passages and not the entire ar
ticles in which they appeared. He said
that he had decisions to support this
but did not produc: them in court, and
Judge Foster ordered the indictment
quashed. In announcing his decision
Judge Foster said:
Must be Complete.
1T appears in this indictment, in
:. three counts, that the publication
alleged to naI5 been sent through the
mails in violation ofNthe law is an ex-
tract from complete article. 1t is
clearly my opinion tnat the govern
ment 5 required 10 plead the entire
articl2. The artic! is obscene as a
Mhole or is not obscenef and we can
not take out few paragraphs here
and there and charge them as OBJ
scene arI make >.cm the basis OF an
indic;m =. 1t may be that passage
here and there is sufficient to I'M
press the whole publication with OBJ
scenity, but the defendant is entitled
to be charged with sending the COM
plete article. The puul.cation is an
entire thing. 1t is not a part or ex-
tract. We would be able to indlct a
sender of the Bible on this theory
Can be Reversed.
81 am not pretending TO rule on
any other feature of this indictment.
The question of whether it is obscene
If set out in dead language is not
:oasssd upon. On this view l Will
sustain the motion to quash.
"No prescription will have run. 1t
is possible for the government to re-
indict and make these entire articles
part of the indictment. l 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 still is IN
doubt, as he has refused so far, 10
discuss the matter Mr.. Watson, be-
fore leaving Augusta for his home at
Thomson, Ca, expressed himself as
satisfied with the outcome Of the trial.
He apparently was greatly pleased.
field in the character of the Quakeress.
She is an exceptionally clever little