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

through fear or favor utterly failed in their
duty 10 check and punish such unlawful and
reasonable practices.
The defendants aver that in carrying on
their campaign of publicity, as aforesaid,
against this great evil, il became necessary, as
the defendants in good faith then believed and
still believe, to use "plain language, even
though it might be offensive to ears polite"
The defendants allege that they had good
precedent for proceeding in this manner, as the
United States court in the Harmon case, re-
ported in 3s Federal at page 2S7 said, The
question of obscenity, In any particular article,
must depend largely, on the place, manner and
object of its publication. IL would not be
proper TO discuss certain matters in family
newspaper which might be discussed with pro-
priety in a medical journal Again, If the
writer was in good faith attacking some great
fragrant wrong, the use of plain language, al
though, offensive to ears polite, might be per-
mitted."
The defendants allege that the proof Of tho
allegations hereinbefore set out agar
officials Of the Roman Catholic church is l..
sary, and material in the defense of this cause,
for the reason that Roman Catholic lawyers,
politicians and dignitaries have brought about
and caused the indictment of these defendants
upon little extracts and excerpts, taken from
the body of news items and editorial writings
in the newspaper, The Menace, and In tho
books sold by these defendants; and this prose-
cution was so fostered and encouraged and
brought about for the sole purpose, not of keep
ing the mails pure or of doing good for the peo-
pie of the United States, but Of preventing
these defendants from further arousing the
people TO the vicious methods and the unlawful
and dangerous conduct and practices of the
Roman Hierarchy; that il therefore becomes
necessary for the defendants in this case In the
proper preparation for their trial to take the
testimony by disposition, Of the said Giacomo
Della Chiesa, and his secretary and his keeper
Of records at Rome Italy, as TO the oaths pa
pers, letters and documents referred TO herein
before as being now on file, in the Vatican at
Rome, Italy.
The defendants do not say to the court,
however, that they will be able to take the de-
position of said persons, but they do say that il
is necessary for them TO in good faitn make the
attempt to take said depositions and that if said
persons, refuse to give testimony when properly
called upon to do so by a commissioner ap
pointed by this court, then the defendants will
be in position, to introduce secondary evidence
as to the contents of said letters and documents
The defendants allege, as a reason for moi
having heretofore taken or having attempted
to take the deposition Of said persons, and fol
the purpose Of showing due diligence on the
part of these deasazlants in regard TO preparing
their case for trial, that when the indictment
was returned against them they employed
counsel, and upon examination of the indict
ment, by the attorneys so employed, they thu
said attorneys, gave as their opinion that tn,
matters and things charged in the indictment
did not constitute an offense against the Law
of the land.
The defendants further allege that their at
torneys took charge Of the case and filed mo
tion, asking the court for an order, requiring
the district attorney to furnish Bill of Partie
ulars so that the whole of the articles iron
which the little extracts and excerpts containe,
in the indictment were taken, and which wer
charged to be obscene, could be brought befor
the court so that the court could intelhgentl
pass upon motion to quash the indictmen