Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-10-25
MITCHELL CASE ARGUED
IN UNITED States COURT
Motion to Qunsh Indictment Against
Negro Editor Is Taken Under
Amusement.
QUESTION AS no USE OF MAILS
Counsel for Mitchell Claims Publ
cation in Regard to Policeman
Was Calculated to Elevate, Rath-
cr, Than DebaSc, Public Morals.

Motion to uuash the Indictment
against John Mitchell. Jr.. editor of
the Planet, Il negro publication. charged
with sending obscene matter through
the malls. was set in Allowance ycstcr-
| day afternoon by Judge Edmund Wad-
! dill. Jr., Of the United States District
| Court Judge Waddill said that he
would give careful consideration to the
case and consult the authorities quoted
| by both sides before rendering u de-
| cision. On account of tho amount of
| court business with which he is now
! confronted. he could not name Il date
upon which he would hand down his
| opinion.
When the negro editor appeared at 3
o'clock the courtroom was largely filled.
| the greater part OF the rear benches
being filled with people of his own
race lie WAS represented by Attorney
Harry NJ. Smith. Jr., ana by Henry
Pollard, negro attorney. The gov
crnment WAS represented by United
States Distric, Attorney Richard II.
| Mann and Assistant United States Dis.
trict Attorney Hiram NJ. Smith.
Motion to uuash the indictment was
made by Attorney Smith, who. after
| reading the editorials which the in.
dictment has placed in question as to
whether they come under the prohibit
| ton of the Federal statute which for
| bids, under heavy penalty, the use Of
| the mails for the spreading of obscene
| matter. said that they were not re-
/ fined AS they might have been and con-
| talned some coarScncSS.
SAYS ARTICLE SOUGHT TO
| Ei.ENAT: PUBLIC MORALS
lie argued. however. that the whole
| tenor of the articles sought, not to
! criticize the Police department.. Il for
| mcr member of which was their sub
ject, but 10 elevate public morals. The
articles were devoted to Il discussion OF
| the actions OF former policeman on
an excursion train to Iiuckroe Beach
| The officer was afterwards dismissed
| from the force.
| Mr. Smith argued that certain sec
| lions OF the editorials could not be
| considered exclusively, that they must
| be considered aS 4 part OF the whole,
and that if taken In their entirety they
could not be construed as being con-
| ducivc to the lowering OF public morals.
| lie quoted from several authorities,
| citing the decision of Judge Waddill in
| the case against afternoon paper
| during the Ecatti. trial. in which the
| Indictment was Cuashcd and recalled
passages in the Scriptures and in
| Sha keSp care.
| In reply. United States District At
| tOrncy Mann said that the fact that the
| articles were written by man regard
| cd as leader among his race made
| worse the OncnSc, and stated hat the
ease cited by Mr.. Smith i'll regard to
an afternoon paper contained only Il
recital Of facts brought out in court,
which is not the case in the present in
| stance.
He argued that the excuse that
| Mitchell did not mean TO be suggestive
| was not sufficient; that the question
WAS whether the articles were SucgcS-
| tive, and, therefore, dclctoriOUS To pub
| lie morals. He said that the negro cdi-
tor painted u scene instead OF confin-
| ing himself To known facts and facts
| of record.
JUDGE WiDDIIt HOLDS WHOLE
ARTICLE SHOULD II: CONSIDERED
Judge Waddill agreed that certain
| parts of the two articles ought not To
| have been published, but he thought
! they should be considered in come lion
| with the entire subject matter, ana
whether they could be considered rs
| having had a dclctcriouS effect. "If he