davidaulloa/AmericanStories huggingface dataset:
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1916-12-07
TIE JEFFERSONIAN


mailed must stand Just as 1t qoa8 ache7 1t ocent
into the mails.
Any person who can reconcile these two
rulings could take the highest degree in
Jesultry, without any further examination.
(2.) Defendant argued that criminal
statute should be construed strictly, there be-
ing no such thing as constructive crime, and
the universal rule being that rational en-
tent must be attributed to lawmakers
Thus, the Italian statute which made it a
capital offense to draw blood in the streets
was held inapplicable to surgeon who bled
a man to save his life.
In the Watson case, this rule of construc-
ton was violated in two ways namely:
The word ''other" was practically erased
from the statute, and the rigid letter of the
law was so vigorously interpreted as to make
it felony if you should mail to me a copy of
Byron, of Pope, of Burns, of Shakespeare, of
Don Qulxote, of The Arabian Nights, of Gull
hvers Travels, or Of the Bible
Such a construction is manifestly irrational.
1t is not to be assumed that Congress meant
to penalize the publishers and disseminators
OF standard literary works, or of the Holy
Scriptures.
Ii l had been surgeon, in Italy, and had
bled man in the street, to save his life; and
Judge Lambdin had applied his rule of con-
struction to the italian law, I would have been
put to death, because the Court inexorablv
held to the letter of the law.
49, The statute is aimed at any corrupt
ing book, magazine, pamphlet, paper, picture,
print, 'or other publication"
The Defendant argued that the word
"other" could not be made to apply to page
out Of book, or to one article in paper: but
that the word "other" was a drag-net, thrown
out to catch anything that might not come
under the classifcations already enumerated.
Thus, when criminal laws penalize the
stealing Of a horse, mule, COW, cor other do
mesticated ANIMAL" the word "other" cannot
be used to cover the stealing Of the horses
hind leg, or the mules fore-foot, or the cows
head
The Court ruled, that one article in paper
was qualification" other than the paper
itself; and that few pages taken from book,
was publication other than the book!
Consequently, a book of 600 pages is not
only book, but also 600 "other publications"
At least, that's the way [ found it, at both
of my trials.
a. Defendant argued that proof of uni
versal, lmmemorial custom, in any respectable
profession, is admissible, for the purpose Of
showing that the thing for which any defend
ant stands arraigned, IS strictly proper and
usual, IN that profession.
The Court refused to allow the evidence Of
the Custom, but permitted Defendant to cite
the practice of standard writer's and to read
to the jury various passages from standard
works, illustrative of Defendants contention.
In practical effect, this permission was al
most, if not quite, the same thing as actual
proof of the custom; and Defendants cita-
ton Of authorities, and hurried reading of
few examples appeared to make a decided
impression upon both Court and jury.
IN CONCLUSION
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1916-12-07
Thursday, December Z, 1916.

could start IN the middle of the alphabet and
go back on up to the top, or 90 on down to the
bottom.
In the preparation of the case for trial. #
occurred to me that, if those State University
Boys had simply got their lesson in a per-
1unctory manner, it would throw them off the
track, If l started them IN the middle of the
lesson, instead Of giving them the help of
starting at A. B. G.
It did
At my request, DR.. e. j. Forester had
furnished me with the names of several Mer
GER students who were studying Latin. These
young men went on the stand and frankly
stated, when the indicted Latin was shown
them, that they were unable to translate it.
Prof. Peacock, of the Thomson Academy,
who has been teaching Latin for eight years,
testified he could not read it,
Prof Lawson, teaching the High School at
Appllng, graduate of college, and a teacher
OF Latin, testified he could not translate it.
Prof. Kelly, Of Augusta, testified he was
college graduate, who had taken Latin
course, and testified he tried to read the Latin
soon after his graduation, and found himself
unable to read it.
Two former Mercer Students who had
studied Latin six and seven years, respectively,
Messrs Carreker and Schofield, testified they
had worked on translation for nearly three
hours, and with the aid of lexicon. After
thus JOINT labor, and the aid Of the lexicon.
they had been able to make substantially
accurate translation; but, upon being shown
other Latin pages, in the original books. Of
Dens and Liguori, both Carraker and Scho-
field admitted they couldn't read it, without
special study and the assistance of a lexicon.
You can readily see that when this showing
OF the lmpossibility of easily knowing what
the Latin meant, was strengthened by the
corrobating testimony Of Governors Brown,
and Mcdaniel, Judge Twiggs, Mrs. FELTON,
and various other witnesses, particularly by
: the convincing evidence of that superb and
finished linguist, Prof. Scott Murray, from
Mercer University, the defendant needed
nothing more to make good his contention,
namely: that the Latin which he printed was
sealed book to the ordinary man.
1t could not possibly reach any others
than those L meant to reach, to-wit:
leaders of thought, lecturers preachers, edi-
tors, authors, those who make special study
OF such matters as these, and who may con-
tlnue the~work that [ have been trying to do,
when myself shall no longer be able to do it.
WHERE WERE THE WATSON DETRACTORs?
1t is hardly necessary for me to say how
profoundly gratified [ was to be able to over
whelm the prosecution on the question of my
character as man and an author
Voluntarily, [ threw the gate wide open,
because the law does not allow the prosecution
to attack your character, until after you, your
self, have placed it in issue.
The prosecution made no effort to combat
the testimony of my old schoo-mates, my
lifelong neighbors and friends, my surviving
teacher and early benefactor, Robert II.
Pearce, and the prominent ex-governors,
iudOeS. etc. who went to the witness chair
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1916-12-07
PAGE THREE


me for my bearing toward him, [ was in
tensely angered.
The words which followed were accurately
reported in the Augusta Herald, and will APP
pear in our permanent record of the case.
Any man Of ordinary pride, who had been
on the rack for five years as | had been, and
who was expected to sit meekly in his place,
while publicly reproved by youngster who
was running around, no doubt, in his shirt
tail when | stood In the forefront of the Geor-
gia bar-any such man would have felt Just
as felt
But it's all over, and / harbor no ilI-will to
the District Attorney, nor to either of his very
dlhgent and competent associates. [ feel
quite sure that neither of these three young
gentlemen now consider me degenerate, no
matter what they may have thought before
our personal acquaintance in the courtroom
Nor have [ the slightest bad feeling against
Judge Lambdin. His rulings went contrary
to my own ideas of law, but it is altogether
foreign to my nature to impute evil motives
to Judge who differs from me about the
construction of a statute.
Judge Lambdin boxed me up in a mighty
narrow legal cell, and gave me mighty little
"handroomance;" but have no sort of doubt
that he was honest about it, and would have
boxed up any other defendant in precisely the
same way
Throughout, at both trials, I was shown
every courtesy by the Court and its officers,
excepting, of course, the one man who per-
sisted in sitting so close behind me, and
aOh0se concealed pistol fell out Of has pocket
IN the Courtroom.
This was lobe Moye, the ex-sheriff Of
Washington County, and the tool Of T. ".
H0rd1Oick
The JURY NEVER Took But ONE BALLOT.
Those small and spiteful enemies who have
barked at my heels so long, and who were so
silent and invisible, qOhen mig character qcaS
put IN evidence, made pitiful effort to create
the impression, that the Jury had great diff
Guilty in reaching a verdict of ''Not Guilty"
The truth is, that / was so sure that the
minds of all twelve were already satisfied,
after my evidence was finished, that l made
the proposition in open court TO submit the
case aOatt0ut argument.
The attorneys for the prosecution retired
from the room to incubate over this, and after
a long period of CESSATION declined my offer
The following letter from one of the Jurors
should be convincing:
December 2, 1915.
Hon. Thos. E. Watson,
Thomson, Ga.
Dear Sir: AS of the jurors that sit on your
case this week [ want to enter my denial of
statement that was carried in the Augusta Herald
of the 1st inst, in which it stated that the first
ballot of the jury stood nine for acquittal and
three for conviction, and that the second ballot
stood ten for acquttal and two for conviction.
wish to state that there never was but ballot
cast in this and that was unanimous for ac-
quittal.
Please be assured that my feelings for you have
always been the very best, and as and
juror l don't see how any other verdict could have
been rendered.
Yours very truly,
H. A. HUTCHINSON.
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1916-12-07
IN CONCLUSION.

Many sensational reports went out concern
ing certain incidents of the trial, and much
misunderstanding may be corrected by few
good-natured explanations:
o. The District Attorney whose asso-
ciate denounced me in his speech, year ago.
as "a moral degenerate" had not been particu-
larly respectful in his bearing toward me, and
when he resorted to the unprecedented meas
Omaha daily bee., 1916-03-19
SCOTS BLUFF SCHOOL
CONSOLIDATION EXAMPLE
CFrom a staff Correspondent }

LINCOLN, March 1S-(Special) l)-What
consolidation has done for schools in
Scott's Bluff county is evidenced by re-
ports which come from District No. Sc,
not far from the city of Scotts Bluff.
The school house where is now located
the fine new consolidated school building
was building o fthe common type, about
twenty-four by thirty-six feet. and was
set out on the bleak prairie, with very
little about 1t to attract attention except,
perhaps, its lonliness.
Under consolidation with an adjoining
district new things have come to pass.
y fine new building has been erected, all
modern, the main part being thirty-two
by seventy-two feet. with a twelve by
thirty-two-foot L." the whole giving
three large rooms with a library and a
roomy basement. The old building has
been remodeled into a teachers cottage
and the children are brought to school
by auto transports.
The consolidation scheme has proven
more than a success in this instance, and
state Superintendent Thomas Is bound to
have the state covered with these mon-
uments to HIS efforts in making consoli-
dation what it is
Omaha daily bee., 1916-03-19
Nebraska
POOL DECLARES
BRYAN DEMOCRAT
Secretary of State Rules that as Only
One Objects, Commoner
May Run.
FOUR THOUSAND SIGN PETITION
OFrom a staff Correspondent

" ANAh a SNttlI NOTTRSDOnuent.l u
LNCLN March 1S-(Special.) )-wiliam
j. Bryan Is a democrat and entitled to
run for delegate at large to the national
democratic convention, Secretary Of state
Pool says so, and that settles the matter.
The question arose on protest sent in
to the secretary OF state by r. w whited
OF Omaha against the name Of Mr.. Bryan
going on the primary ballot as delegate
to the national convention. The protest
set forth that Bryan had broken faith
with the democrats OF Nebraska at the
Baltimore convention and In other ways
had violated democratic principles.
In giving his opinion Secretary of State
Pool said that as over 200 democrats had
signed petition for Mr.. Bryan and only
one had protested, he would rule that
Mr.. Bryan was a democrat and will 80
remain unless the courts decide he is
otherwise.
A story In connection with the filing
OF Mr.. Whiteds protest is that after
Governor Holcomb had commissioned Mr.
Bryan colonel of the Third Nebroska reg
iment over Colonel vifquain a tried and
experienced military man, that whited
went to Colonel Bryan for an appoint
ment as a captain or lieutenant. but was
turned down, Colonel Bryan telling him
that 1t would not do to make the appoint
ment because IT would be political. and
military experience must govern all ap-
pointments of military character.
Omaha daily bee., 1916-03-19
Notes from Broken
Bow and Custer Co.

BROKEN BOW, Neb., March 1s-(Spe-
cial.)-The pump belonging to the new
municipal water and light plants. has
arrived and it is now a matter of only
two or three days before the new wells
VIII be put in commission This means
change ow water throughout the en-
tire system. According to the state en-
gineer. these late wells put in by the
city are among the finest in Nebraska
tand municipal water users here will
gladly welcome the change. The cleo
troliers have been connected W. and
Juice has been turned on. The effect is
pleasing and the streets in the business
part of town present quite an animated
appearance after dark
John Armstrong, charged with robbing
Frank Garland. a restaurant man, of
over $50, and was bound over to the next
term of criminal court in the sum of
$1,000. Being unable to furnish bond, he
was remained to the care of the sheriff
The date for the opening of Broken
Bows new $4,000 Carnegie library has
been set for Saturday, March %. No set
program will be carried out and the
function will be in the nature Of a house
warming, in which the residents of the
city and surrounding country will be ex-
pected to participate. There will be music
and refreshments during the afternoon
and evening and members of the library
board will welcome all visitors.
Omaha daily bee., 1916-03-19
Notes from Auburn.

AUBURN, Neb., March 1S-CSpecial.)-
A city nominating caucus was held FRI
day nigh Mayor w. p. Freeman was
nominated as the majority candidate and
T. ]. Crummel as the minority candidate
for mayor. George Merson and William
Welch are the candidates for council
men in the First ward; Charles Masters
and j. w. Clark in the Second ward
Harry A. Anddews in the Third ward.
A. NJ Engles is the candidate for city
treasurer, and w. b. Fisher, city clerk.
The winter chautauqua has been held
at the Methodist Episcopal chuch this
week, and closed last night. Among the
entertainers were: Judge A. L. sutton
of Omaha, Ex-Governor Aldrich and DR..
Schrengast.
John w Mayer. deputy treasurer Of
the county. has resigned his place to
accept a position in Omaha. He had
filed for the nomination for county treas
urer, but has withdrawn his filing.
Omaha daily bee., 1916-03-19
REAL LID GOES ON
AT COLUMBUS, N. M.
Correspondents Will Be Held Re-
sponsible Under National Defense
Act Says New Order.
SCOOP IS DECLARED A CRIME

COLUMBUS. n. NJ, March IS
New orders were issued here today
holding every correspondent account
able for his dispatches under the ma
tional defense act.
"The man who gets scoop is an
arch criminal" said Major w. r..
Sample, commanding officer Of the
Columbus camp, today. "and | have
evidence enough to bring several un-
der the federal law"
American soldiers lives already have
been possibly endangered by violations OF
the censorship" said Major Sample
The major took measures today 20
make correspondents strictly accountable
to the national defence law, which. he
says, he is going to see IL observed. lie
received an order TO this effect from Gem
oral Funston.
These betrayals OF our movements
have. of course. reached villa, who nat
urally has taken means to make himself
more elusive" he said. This means the
extensions OF our lines, and extensions
mean death to American soldiers from
disease and other causes, and American
soldiers are American citizens the same
as civilians. The American people should
realize this and above all the American
papers should know the more publicity,
the more deaths OF American soldiers.
Furthermore, this expedition is a test
OF preparations. We have also a chance
to test the power OF censorship. II we
Omaha daily bee., 1916-03-19
BANK EXAMINER VAN HORN
SUMMONED TO WASHINGTON

TABLE ROCK, Neb.. March 1s.-(Spe-
cial Estate Bank Examiner E. N. Van
Horn OF Pawnee City has been asked by
Comptroller of the Currency Williams to
come to Washington for an interview.
In view of the fact that there is a ma
tional bank examinership open to be filled
by appointment from Nebraska, 1t is
thought that Mr.. Vaa Horn has an ex-
cellent show of landing the appointment,
He has lived in Pawnee City all his life,
and a host of friends will be glad to
learn of his success. Mr.. Van Horn left
the first of the week, ACCOMPANIED by his
wife, for Washington.
Omaha daily bee., 1916-03-19
Nebraska
FREMONT MAN Is
NEBRASKA POET
W. H. Buss, Congregational Min
lister, Wins Hundred-Dollar
Prize.
MISS CARAHER GETS SECOND
lFrom a san CorespondentD


LINCOLN, March 1S.-(Special)--w H.
Buss Of Fremont, a Congregational
preacher. gets the prize OF SlOO for the
poem on Nebraska offered by John d.
Haskell
Miss Helen Caraher Of Lincoln. en-
ployed in the office of the hotel COM
mission, and known as the state house
poetess. ranked second, tying with Miss
Katherine Melick OF Havelock for Sec
ond place. Mrs. f. NJ. Dunaway ct
Kearney was third and Miss Edna Bull
lock OF Lincoln fourth
The committee Of judges consisted Of
DIR. L. A. Sherman of Lincoln. President
w. +. Nicholl of Bellevue college and
Miss Mary Crawford OF Kearney, se-
leoted by State superintendent A. o.
Thomas.
Another prize in educational circles
but this time of a national character. has
been offered by a wealthy gentleman who
withholds his identity. and is for the
amount of 5000. State Superintendent
Thomas has appointed DIR. j. A. Beatty
OF Lincoln as Nebraska's representative
to go after the prize.
The contest is for the best moral code
TO be used by parents and teachers in
the handling of children in giving moral
instruction.
Omaha daily bee., 1916-03-19
stenrnn FiIes for House.

STELLA, Neb., March 1S.-(Special)-
The funeral of Mrs. a. f. Evans will be
preached by Rev. c. j. Bukoutz, assisted
by Elder Reeves at the Baptist church at
II o'clock Sunday morning. Mrs. Evans
was born in Madison county, Indiana,
August 10, 1S42. and died at her home in
Stella this morning. She is survived by
her husband, Captain a. f. Evans and
four children; Mrs. Charles Hesser of
Oklahoma; George Evans of Tecumseh,
and Mrs. d. c. Allen of stella. Last
Thanksgiving day Mr.. and Mrs Evans
celebrated their golden wedding anniver-
sary. They have lived in Richardson
county for thirty years.
Omaha daily bee., 1916-03-19
Keeping Omaha Women Posted
on New York Styles
How julius Orkin Has Made His Douglas
Street Store the Style
Center of Omaha.
has Proven That 1t Is Both Possible and Profitable
TO Combine the Smartest Styles With
Moderateness in Price.

Fifth Avenue styles at Omaha
prices" is the claim made by Julius
Orhn, the active head of the big
three-floor ladies apparel estab-
llshment at 1508-151O Douglas
street.
And surely his claim smust be
more than mere store talk, when
one stops to consider the remark
able growth which his store has
attained in comparative few
years. Wherever smartly frocked
femininity flocks nowadays. the
wonderfully good-looking things"
at julius Orkin's generally com IS
up for discussion.
style is STYLE" said Mr.. Orkiu.
and there is neither virtue nor
value in half-hearted style effort.
That's why l feature 1t. But while
! realize that style must come
first, 1t is not by any means all
there is to be considered in ladies'
apparel. Garments must be good"
all the way through before they
reach my standard of approval.
With every store talking style"
nowadays, the problem that con-
fronts the buying public is where
to find the RIGHT style-where TO
find the store that sponsors only
the Truly New and Different.
What a pleasure to enter store
that you know has solved the style
problem for you-that has lifted
this burden from your taxed brain
that has entirely relieved you of
the troublesome care that con
fronts you in many stores, or try
ing TO pick the new from the old.
Such a store is julius Orkin's!
All, but you say, why Julius
Orkin's? And here Is the sequel?
Mr. ]. B. Orkin, brother Of Julius
Orkin, conducts similar store for
ladies at Fifth avenue and Thirty
fourth street, New York. He is
hight III the style center and caters
TO women who know styles from A
to Y. Naturally he is keen To the
wants OF these women, and is close
TO the manufacturers and their
rapid style changes. When some
thing new appears that finds inn
mediate favor with New York
women, he buys for the Omaha
store and rushes them here by
express.
That's why you'll see styles at
Omaha daily bee., 1916-03-19
Coal Production of
Germany Last Year
At About Normal

Correspondence OF the Associated Press)
BERLIN, Feb. 25-The production
OF coal in Germany In 1915 made a very
good showing in spite OF the shortage
OF labor caused by tho war. The years
output reached n total Of 1912 O0O tons,
or only 1ASOOOO less than for 1914 and
A.SOOOOO less than for the record year
Of 1919 OF brown coal, or Ignite, the
production last year was the greatest
ever known. having reached $500 600
tons. or about 100000 more than for
1918. Coke production also kept up re-
mRrkable we'll II amounted to 26.&9OOO
tons, or about 100000 tons less than for
1913 The production OF brikets from
both coal waste and Ignite was the larg-
est ever known.
In view Of the fact that fully one
third of the miners were called into
service upon the outbreak OF the war,
and that further considerable Withdrawals
proceeded during the last twelve months,
the production Of coal IL regarded as
remarkable. The labor supply has been
kept up as far as possible in several
ways. Men who had worked hitherto
above ground or as assistants to the
regular miners. took the places of the
latter. when called into service, so far
as this could be done; and women and
younger boys were taken on to do the
work above ground, Prisoners OF war
have also been employed in considerable
numbers, partly as full miners, but for
the most part as unskilled help above
and under ground.
The production of coal would have
been even greater than It was but for
the fact that during the December quar-
ter. marked shortage of coal cars pre-
vented the full operation of the mines
owing to the scarcity of labor and the
increased cost OF living miners wages
have been advanced. The latest figures
available give 7N marks as the wage
Of the highest class of miners for
shift of eight hours in the great min
ing district around Essen, which com
pares with about marks at the be
ginning of the war. In the northern
part of the coal district. wages run as
high as 7.3S marks. While nearly all
commodities have risen in price pretty
sharply in Germany since July. 1914,
the advance in coal has been very
moderate. There have thus far been two
changes in the scale, amounting to 3
marks, or 70 cents a ton. This makes
good showing compared with Eng
land, where Cardiff coal has risen $L2O
and Durham bunker coal, $3.50,
Omaha daily bee., 1916-03-19
BROTHER OF STELLA MAN
IN RUSSIAN PRISON

GERlNG, Neb.. March 1S.-Cspeoial y
As result of partial census Just taken.
dering VIII go into the city form OF gov
ernment with the election OF April 7,
has been known that the population wa .
well in excess OF the required number fo.
soine time' but no effort was made to
eot tne iacts until now. The census re-
yealeu between 14OO and 1.5OO In the ter
It'ory supposed to constitute the limits.
ana the work of tabulating was then
oeaseu' since then 1t has been discoy-
ereu that section just north of the new
sugar factory which was presumed to be
outside the boundaries should be Inc,pd-
eu' and as it contains fully $50 .peonIo.
'he population is approximately / 500