Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-01-11
PUBLISHERS OF
MENACE ON TRIAL
Indicted on Charge Of Sending Obscene
Literature Thru the Mails Sub
.scribers Of Menace Not Barred From
Jury Service.

l i,
.scribers Of Menace Not Barred From
Jury Service.
joplin. Mo-, Jan. 11.-Charged with
sending obscene literature thru the
mails, four men alleged to have been
connected with the Menace Publishing
Company, Of Aurora Mo-, publishers OF
the Menace, faced trial in the federal
court here today.
The defendants are Wilbur Phelps
Bruce Phelps, Theodore c. Walker and
under eight counts.
Selection Of jury promised to be a
slow procedure. Justice Van Valken-
prospective juro-t was subscriber to
the Menace would not disqualify him
This ruling denied asmotton Of Francis
G.. Wilson, United States district at
torney. The publishing company was
referred to by the district attorney as
being unfriendly to the Catholic church
One count against the defendant
company was dismissed This count
was leveled at the alleged publication
Of an advertisement as to where might
be procured a book bearing the title
"The Pope. Chief Of White slavers and
the High Priest Of Intrigue"
Indictments were returned against
the Menace Publishing Company, a
corporation having It's offices In Au-
rora, No.. and Wilbur Phelps, Bruce
M. Phelps, Theodore G. Walker AMI
Marvin Brown, alleged to be connected
with the e.corporation, bya federal grand
Jury sitting in Joplin, Mo-. ON Jan. 49,
1915. The indictments which were in
eight counts. charged generally VIOLA
tion OF that section of the United
States penal code prohibiting "the de-
posit, or causing to be. deposited, for
mailing or delivery, any obscene, lewd
or filthy book. 'ietter, writing, print or
other publication of indecent char
acter" -, - y. 5rs. 80.
Six counts in the indictments were
'leveled al, Items allessd 20 have been
printed In The Me4aee, a weeklyspuba
licatfon. alleged to. have been distrib-
uted thru the United States mails by
the Menace Publishing Company and
alleged to have come within the scoce
of the statute. The seventh count was
leveled at certain passages in a book
entitled "The Pope, Chief of White
Slavers: High Priest of Intrigue" of
which the defendants were charged
with being the distributors. The other
count charged the sending Of informa-
tion thru the mails as to-, where the
book might be obtained. -
The trial Of the case was continued
at the June (1915) term o. court upon
application Of attorneys for the defense
on the grounds of the illness Of a rela-
tive Of one Of the defendants. More
recently attorneys for the defense filed
a demurrer and a motion to quash the
indictments. together with lengthy
brief in support, contending that the
charges contained in the indictments
do not constitute an offense under the
federal statutes. Judge. A. s. valken-
,burgh overruled the motion, leaving
the question which the jury in the case
must determine. largely one Of fact
Francis G. Wilson. United States dis
trict attorney for the western district
Of Missouri. who. together with Sam
uel o. Hargis, assistant, has been pros
ecuting the case, recently notified at
torneys for the defense that the govern
ment expected to proceed with the trial
on Jan. II.