Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-09-25
.YAGER NOT GUILTY OF
INTERFERING WITH DRAFT
Acquitted by Commissioner Flegen
hcimcr of Making Seditious
Speeches.
GILBERT is HELD FOR TRIAL.
Hotel Manager and His Mother Must
Face Jury on Charge OF Making
False Affidavit in Order to Evade
the Draft Law.


After thirteen witnesses had hccr OK
smincd Eve appearing for the govern
ment. and eight for the defense. Com
missioner FlcScnhcimer. failing 10 find
probahle cause. dismissed the case
against w l., Wager. charged with vio-
latinE the espionage act. Yesterday
afternoon. and sent Clarence Gilbert,
his mother and Joseph pirSue 10 tn"
Federal grand jury on the charge of
swearing falsely TO afitdavitS made by
Mr. Gilbert. claiming that his mother
depended upon his labor as hotel man
ager for a living The Two cases con-
sured eight hours. lasting until
O'clock last night United States Dis
trict Attorney Mann npeared as coun-
eel for the government in both cases,
while Harry VI. Smith, Jr., appeared for
the defense in the two cases.
In the case against William Wager tho
government contondcd that Wager had
violated the espionage act in that he at
tempted to persuade drafted men from
performing their duty 20 their country,
and in support of tho charge placed
Scott Carter on the stand, who Swore
that Wager told him that 1T would not
be necessary for him to go to war "
ho did not want to-" Carter said fur
thcr that Wager had told him that he
[Yacerl would die lighting before he
try. Attorney Smith made Carter adj
nit that Wager had reference To send
inc troops across the water. and that
when he said he would die nGhtinE he
had reference to crossing the water.
WAGER DENIES MAKING
SEDTTIoUS TT'rERANCES
Following the testimony the govern
mcnt placed other witnesses on tho
stand to corrohorate the evidence of
Carter all OF them agreeing that
YaEcr said that he would die fighting
before he went 10 war, and one witness
was very positive that Wager did not
have reference TO going over to France
to fight, bnt since there was no light
ing here. he inferred that he meant
fighting across the water. o. l.. Jones
testified that Wager told him That
some one ought to SO and blow that
d. Wilson up" with this testimony
the government rested its case.
In defense Mr.. Smith put eight wit
nesses on the stand, one of them tho
storekeeper in whose store ii was al
legged that the scditious remarks were
made All of the witnesses agreed
that Mr. Carter had not been in the
store on the night of August 25. when
Carter said that Wager advised him not
10 fight and that they had never heard
YnCer make the alleged remarks. These
witnesses further stated that they nad
known Wager for many years. and that
community, and n man or honor ana
integrity.
Yarer himself was put on the stand
and denied all the remarks attributed
to him. and said further that he SAID
II the Germans came to this country
we would not need a draft law. and that
he never blamed the President for the
war.
In the face OF all this testimony the
commissioner dismissed the case.
Gu.BERTs ARE SENT
on TO GRAND JURY
The Gilbert case was quickly dis
posed OF, as the government had no Wit
nesses and the defense had only one
witness beside the defendants Mr.. Gil
bert stated that he claimed in his eI-
emption at,idavits that his mother was
dependent on his labor az manager for
a livelihood; that the hotel was running
on a losing basis. and that the only
income she had outside of the little
that was made in the best times from
the hotel was onc-eighth share in
$3.50 interest on loan. He stated that
he never intended to erade the draft;
that he had said that he was willing
to go If his younger brother who is
now a member of the Howitzers, was
released.
On cross-examination. Attorney Mann
asked Gilbert bGav was he necessary as
manager II the hotel was running on
a losing basis The reply was that
while the hotel had not made money in
the last year. IL had previously done
so. and he stated further that he acted
for his mother in. all business trans
actions.
Mrs. Gilbert testified that she was
physically unfit 10 run the hotel; that
she had advertised for manager, and
none had answered the advertisement,
and that. therefore, she needed her son
to keep the hotel running. She testi-
fed further that she was compelled to
close the dining-roon since her son was
sent to Camp Lee.
ALL HER HUSBANDS
PROPERTY LEFT TO UEI,
One peculiar circumstance in the case
was the statement by Mrs. Gilbert that
she did not know until few weeks
ago that all the property had been
left TO her by her husband. and that
she was under the impression that the
children shared equally in the property
This was an important point because
the aiidavits of Gilbert claimed that
the mother owned c-eighth in the
hotel
Jone Pingue, the barber corrobo-
rated the other two defendants In all
their statements.
In his argument Mr.. Smith said tina,
inc detenaant mad honestly made
wrong CONSTRUCTION of the la-, and ,ba
there was no intention to deceive tine
draft board Mr.. Mann argued that as
matter Of fact the son depended or
the mother. as She owned the hotel
lie said further that, according 10 ;es-
timony the hotel was losing money
and thus the success Of the hotel did
not depend on Mr. Gilherts labor II,
argued further that Mrs Gilbert hat
$4,000 loaned out at interest: that she
had hotel, ana that these facts yoult
mot indicate that shc was dependent ~
her SON he said thar Il was a ner,
suppression o! truth.
The commissioner was convinced y,
the testimony and the argument Of IN.
district attorne? that there was prob
able cause In the case ana therefore
sent the trio TO the grand jury. nxin,
the bond AT 81 900
: Clarence Gilbert's claim for oxemn
) tion was not allowed by the ,oca