The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1915-12-01
Out Eight Hours and Re-
ported No Verdict
Yet Reached.
JURY IS TOLD TO
RETIREsFOR NIGHT
Watson and u. S. ATTORNEY
Argue On Language
In Publication
BY ASSOCIATED PRESS

II
Augusta, Nov. .30.-The jury irving
Thomas E. Watson of Georgia, editor
charged with the sending of obscene
matter through the mails reported
they were unable to aggree at 1890
o'clock tonight. They were told to
retire for the night. The jury had
been out for eight hours. Court will
open at $50 tomorrow.
The defense and prosecution closed
today. Watson speaking for himself
laid stress upon Lis claims that his
language was not obscene. United
States District Attorney Donaldson
devoted his speech in trying to show
it was obscene
Acting as his own counsel Watson
argued to the jury that the way in
which he had employed certain words
called obscene by the prosecution, had
kept them from that class, denied
that individual sentences or words
were obscene and drew from the pros
ecution denial that the government
attorneys We're protecting the Ro-
man Catholic church"
Watson concluded with the state
ment to the jurors that in their hands
rested the "banner of Democratic in
stitutions, republican, principles and
religious liberty z
Previously on motion of the prose-
cution the court had ruled that only
the question of whether or not Wat
SON was responsible for mailing the
articles mentioned in the Indictment
and whether or not they were obscene
was at issue. On objection from the
prosecution to Watson's references
to other features, judge w. w. Lamb
din again said that he had SO ruled
and stated that he would charge the
jury to that effect and that "they
are not to consider any motive behind
the prosecution if there is one."
II have been writing for eighteen
or twenty years." Watson told the
jury "and the government has sailed
up the stream of my literature
and attacked only that which offended
the Roman Catholic church"
Here Assistant United States Dis
trict Attorney Wallace Miller inter
rupted to deny THAT the district at
torney's office was protecting the
Roman Catholic church."
Judge Lambden then requested
Watson to continue with his speech.
1t was at this point that the Judge
announced in part what he would
charge the jury. At the close of
Watson's speech brief recess was
taken and District Attorney Donald
son prepared to close for the prose
cution.
The defense already had stated in
court that Watson did not seek to
"avoid responsibility for mailing the
matter" alleged to be obscene, and
after reminding the jury that the
court had ruled that no other issue
was at stake EXCEPT whether the
matter was obscene or not, District
Attorney Donaldson devoted the
greater part Of his concluding speech
for the prosecution to efforts to con-
vince the jury that the language used
was abseene in the meaning Of the
law. He read the sentences and
phrases objected to and pointed out
where he said they would s.shock the
modesty Of the chaste," which was
one of the courts divisions Of the le-
gal meaning of the word "obscene."
Donaldson also took occasion to de-
ny that there was any motive be-
hind the prosecution" and to declare
that should he not prosecute Watson
he would be faithless to his oath .,
Office.
At the conclusion of Donaldson's
address, court took recess Judge
Lambdin charged the jury upon re-
converting court.