The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1913-10-23
WATSON PLEADS0WN CASE
FEDERAL JUDGE THROWS OUT
INDICTMENT.
Jurist Points Out That Former Pop
ulist Leader May Be Hailed
to Court Again.

Augusta. Ga, Oct. 21.-Holding
that the Indictment charging Thomas
E. Watson, historian, editor and for
mer presidential candidate, with send
ing obscene matter through the mails
was illegal, Federal Judge Rufus E.
Foster today ordered the case thrown
out of court.
In sustaining the motion of the de-
fense, made yesterday, 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 ses
sion, and when the judge announced
his ruling dismissing the charges
against the Georgia editor, the spec
tators broke into thunderous cheers.
Judge Foster paid no attention to
this demonstration, which quickly
subsided. 1t was solely upon the con-
tention raised by Mr.. Watson himself
that under the federal statute the
entire alleged obscene article, and
not portions CT it, MuSt be included
in the Indictment, tnat the court Or
dered the case dismissed. Extended
argument upon the motion had been
made by S. G.. McLendon, Mr.. Wat
sons principal attorney, and at the
close of this the defendant asked
permission to present what he de-
scribed as "other phases of the mat
ter.
Pleads Own Case.
This being granted, Mr.. Watson
addressed the court briefly, 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 limited to a defense Of the gov
ernment's position that the indict-
ment need merely indicate the alleg-
ed obscene passages and not the en-
tire article in which they appeared.
He said that he had decisions to sup
port this, but did not produce them
in court, and Judge Foster ordered
the indictment quashed. In announc-
ing his decision, Judge Foster said:
Must Be Complete.
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
extract from complete article. 1t is
clearly my opinion that the govern
ment is required to plead the entire
article. The article is obscene as
whole or is not obscene, and we can
not take out few paragraphs here
and there and charge them as OBJ
scene and make them the basis OF an
irdictne ant. 1t may be that a para
graph here and there is sufficient to
impress the whole publication with OBJ
scenity, but the defendant is entitled
to be charged with sending the COM
plete article. The publication is an
entire thing. 1t is not part or ex-
tract. We would be able to indict a
sender of the Bible on this theory.
Can be Reserved.
Il am not pretending to rule on
any other feature of this indictment.
The question of whether it is obscene
if set out in a dead language is not
passed upon. On this view will
sustain the motion 20 quash.
mo prescription will have run. 1t
is possible for the government to re-
indict and make these entire articles
part of the indictment. I 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, to
discuss the matter. Mr.. Watson, be-
fore leaving Augusta for his home at
Thompson, Ca, expressed himself as
satisfied with the outcome of the
trial. He apparently was greatly
pleased.