The menace. [volume] (Aurora, Mo.) 1911-1920, 1915-05-22

or upon a demurrer 20 said indictment This
motion was based upon the unvArying decisions
Of the United States courts that in order 70
determine whether any particular matter con-
tanned in q publication y obscene. "the whole
Of the matter alleged 10 be obscene must DO
taken and construed together with the entire
article or publication IN which the alleged OBJ
scene matter appears, and that also 30 much
Of the context Of said article a. is necessary 70
a proper understanding Of Il must also be taken
into consideration in determining whether or
not the matter so charged is obscene" On
March %. 1915, the court refused this request
which had been made in writing a considerable
time prior thereto.
Notwithstanding this refusal on the part Of
the court the defendants on said 29th day Of
March argued their motion 20 quash the indict-
ment and their demurrer 10 the same. The
court took these matters under advisement, and
thereafter and not until April %, 1915, the
court rendered its decision and over-ruled both
the motion 10 Quash and the demurrer, and set
the cause for trial on June IL, 1915.
The defendants did not, and could not
know, until the court had ruled upon said mo-
ton and demurrer, what portion, IL any, Of
the said indictment they would be called upon
to defend against. Therefore, they could not
take their proof in preparation for the trial
until such ruling.
After the court had rendered its decision on
April 2s, 1915, the time elapsing until June II,
1915. the date set for trial, was insufficient TO
allow of the taking Of depositions in Rome,
Italy.
The defendants allege that they will, il this
cause is continued until the next term OF this
court have their attorneys proceed TO Rome
and take the said dispositions or at least make
in good faith an attempt to take testimony Of
Giacomo Della Chiesa, and his secretary, and
his keeper Of records and have the same before
the court at the next regular term thereof.
The defendants allege, that the testimony
heretofore referred TO, is material in their de-
fense and they cannot procure the same from
any other source than herein alleged, and that
they cannot safely proceed TO trial without it,
j. /. Sheppard, i~s.,..l..
j. Il. McNatt,
Attorneys for Defendants,
State Of Missouri, .,.....,.,.
jackson County.-ss.
Wilbur f. Phelps, being duly sworn, says
that he is one of the defendants, In the above
entitled action, and that he makes this affidavit
on behalf of himself and his codefendants; /;
that he has read the foregoing APPLICATION for
continuance and knows the contents thereof,
and he swears that of his own knowledge, tho
allegations as to the conduct and action of him.
self and his co-defendants are true, and as to
the other matters and things contained in said
application the afiant swears they are true
as he Is informed and verify DeneYes. ..
Wilbur f. Phelps.
Subscribed and sworn TO before me, Clerk
of the District Court aforesaid, this 11th day
of May 1915. -
John B. Warner,
Clerk Of the District Court of the United
States, for the Western District Of Missouri,
Southwestern Division.
Is is expected that the court win pass upon
this motion in time for the result to be an,
nounced in the next issue Of The Menace II
the motion is granted the necessary steps for
procuring the depositions Of the Pope and his
advisers-or Of demonstrating their defiance Of
the government Of the United States-will be
taken at once II the motion is over-ruled,
preparations for trial will proceed. No matter
what the fate Of this motion may be, The Free
Press Defense League will be prepared to prove,
in one way or another, that THE MENACE
HAS BEEN TELLING THE TRUTH CON.
CERNING THE RoMANIsT HIERARCHY
AND THAT PLAIN LANGUAGE WAS NEo-
ESsARY IN ORDER TO AROUSE THE PEo-
THEIR DANGERl