The Birmingham age-herald., 1916-02-22
If He Thought Fair Trial Impossible in Georgia
 Would Go Elsewhere
HAS MADE NO PUBLIC
 UTTERANCE ON CASE
Has Not Yet Concluded That Case Cannot Be Tried in GeOrgia-Wil- son Has Said Nothing Regard
 ing the Watson Case

Washington, February a.-Attorney General Gregory tonight made public a letter to Charles c. McCrory of Ellaville. Ga, stating the position of the depart ment of justice in regard to prosecution of Thomas E. Watson of that state for alleged sending through the mails of ob- scene and indecent matter The letter answers protests of Georgia members of Congress against reported plans of the department to prosecute MT. Watson out side the state of Georgia on the ground that a fair trial could not be had in that state
 not hesitate to institute criminal pro- ceedings against Mir Watson in some other jurisdiction if he is convinced that federal statutes have been violated out side of Georgia, or that fair trial cannot be had there. He says the department of justice has data to show that Mr. Wat son has violated the section of the crimi- nal code prohibiting the mails to obscene
 matter, and that neither threats nor islander will affect his duty as a public official in the case. The letter follows:
 LETTER TO MCRORY
 Hon. Charles R. McCrory, Ellaville, Ga.
 Dear Sir: I acknowledge receipt of yours of the 17th. Among a number of letters and other communications received L., - e..zu. z, ...c5o l,,,;,o,. +1,a fast faxy weeks in regard to the matter to which you refer, yours is unique in being al most the only one which is not insulting in it's charge or insinuations. For this reason I gladly reply.
 Tn order that there may be not the {. slightest misapprehension as to my posi- : ton. will first repeat the request in your { letter. which is as follows:
 q 1t is reported in the press that you stated publicly that you know that Tom Watson was guilty of sending obscene : matter through the mails. but you were satisfied that you could not get jury : in Georgia to convict him." I write to } ask if you made either or both of the statements. hope you will not consider me presumptious as the statement seems 3 to be an official one and would like to also know if the statement had or has Z the indorsement of President Wilson q have never made either of these statements.
 Not having made either of them, l can safely say that neither of them had or has the indorsement of Presi- dent Wilson, but in order to make my r I,o,ac ci vii
 state further that I have never had a , conference with President Wilson Tn ) regard to Editor Watson at any time : and have not the slightest idea of his ? views in regard to that party in case he entertains any.
 THINKS WATSON GUILTY
 T have expressed the opnion, and express it now to the effect that Edi- tor Watson has been guilty of violat-
 ing section 211 of the criminal code of tho United States prohibiting the send ; ing of obscene. filthy and indecent matter through the mails, and this
 opinion is based upon data in the pos ! session of my department which I have reason to believe is accurate.
 'sI have been giving some consider |, ation to the problem of whether Edi. :, tor Watson has violated the statutes : of the United States over the side ot
 the state of eGorgia and whether 8 trial, fair to him and to the govern
 ment, could be had within the limits . of that state.
 '"rhe first question is not without , difficulty as a proposition of law, and
 have not up to this time reached 8
 definite conclusion as to the correct !, answer.
 Most of the persons who have dis
 cussed the matter with me have been
 of the opinion that he could be fairly tried in Georgia. but there has been } some expression of opinion to the con
 trary
 'Tf I should at any time conclude > that Editor Watson has violated the
 statutes of the United States outside
 of the state of Georgia and that he
 could not be punished for so doing
 within that state, and that windicatior
 of the law required that he should bs
 tried elsewhere. and that a trial fail l. to him, could be secured elsewhere f should not hesitate to take steps in. f tended to bring about that result ;. ISLANDERS NOT EFFECTIVE -l Islanders, false statements ane
 threats such as are being indulged
 in have not in the past. and will not T in the future. affect my duty as { q public official. The sonly effect they l. can conceivable have is. in som. Y sense. to indicate that possibly tn, T federal government might be substan tially impeded in enforcing its crim
 inal laws within the limits of the stat, [ of Georgia. have not yet convinced ' myself that the expressions referred
 to are more than the talk of irrespon-
 sible and reckless individuals and " still believe that the reputable ant right minded people of your state re ! spect the laws of the union and stand il for their enforcement.
 1t q have not at any time made an, < public statement of any character il o regard to Editor Watson or his prose n cution. but in order that the people O. $ Georgia may not be deceived as to m, | to eyiv n