The menace., 1916-01-29

an attempt on the part Of Mr..
sheppard 10 have Liguorfs Moral
Theology translated 10 the jury by
Professor Walter Miller, Of Missouri
University, for the purpose Of prov
ing the truth Of contentious made
by Jeremiah Crowley in his book,
"The Pope-Chief Of White Slayers,
High Priest Of intrigue" that R0-
nan Catholic theology Is demoral-I
king, 10 which the prosecution OBJ
jected successfully, the time was
taken up by tedious effort 20
identify Bruce NJ. Phelps and Theo.
c. Walker as part owners and active
workers in official capacities with
THE MENACE Publishing Go. A
number Of witnesses testified brief
ly in this connection. few Of them
being cross-examined by the defense.
The Rev. Theo. C. Walkers SAL
utatory," which appeared in the first
number Of THE MENACE. was ad-
mitted and read as tending to show
and establish the lofty purposes Of
the publishers and editors. Other
articles Of a similar nature, appear
ing in subsequent issues Of the pa
per were not admitted.
An attempt was made to have the
entire book, "The Pope-Chief Of
White Slayers, High Priest Of In
trigue," admitted in evidence in
order that the jury might more
fully and correctly judge the nature
and effect Of the extracts which were
charged to be obscene. This, how
ever. was not admitted.
Then the defense sought to secure
the admission and reading Of the
"Foreword" Of the book. This also
was overruled. The prosecution
persistently sought TO confne testi-
mony and proceedings to the mat
ter set forth in the various counts
Of the indictment, but much that
was essential to a thorough under
standing Of the language, its intent,
purpose and effect, was brought to
the attention Of the court and jury
by adroit forming Of questions, OBJ
| jections and exceptions.
With reference TO the extracts
from the columns Of THE MENACE
on which indictment was based, the
defense succeeded in having sufii-
cient of the context read TO impress
upon the jury the high purpose of
the paper and the article, and sue
ceeded frequently in bringing es-
sential connections to the attention
Of the jury.
/ A bottle Of Benedictine, bearing
the papal coat Of arms and the sea-
of the Benedictine monks of France
was shown and identified as beins
the product of a Roman Catholic
religious order, though it was no
admitted in evidence.
Though the prosecution made |
desperate effort TO convince the jur,
that Roman Catholics and the Ro
man Catholic church had no par
in bringing the indictment and sc
curing prosecution, it was plainl
shown by sworn testimony tha
none but Roman Catholics an
knights Of Columbus had made an
effort to cause prosecution Of TIL
MENACE publishers and editors.
The testimony of prominer
= Knights of Columbus and Roma
. Catholics disclosed the fact thS
members Of that order and tha
, church figured largely in the gath
!, ering Of data and presentation G
}. demands that some action be take
, by the government that would brin
THE MENACE to book for its feal
! less attacks upon the Roman Gait
olic hierarchy and its political mi
/ chine.
r We have given the essential poin
2 in the testimony in the previous a
! count and come now to consider
= tion of the argument. The defeni
rested its case at eleven o'clot
}. Thursday morning, January 13, an
d court adjourned until 80 p. m.
= which time the argument began.
Assistant District Attorney S.
Hargus opened argument for n
D prosecution. After reading Il
y y charges sreinst the defendants
+ took up the matter contained in Il
,, different articles and in the bo,
on which the seven counts We
n based. Defining the meaning Of Il
4 words ~lewd," ''lascivious" al
~flthy' and declaring that the 9