Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1917-09-15
DOLL FOUND GUILTY
Judge Elliott Says Court Would Be Party
to Crime if Demurrer Were
Sustained.

Yesterday at the opening Of the
Federal Court Messrs. Hayes & Heliron
and j. II. Wear, of Omaha, filed a
demurrer to the indictment charging
Chas. Doll, Of Custer, 5. d., with making
unpatriotic and seditious remarks which
had tendency to promote the success
of the Germans and to provoke disloyal-
ty and refusal of duty in the military
forces and which tend to obstruct the
enlistment and recruiting services of the
United States.
This is the first case Of this kind un-
der the Act of June 10Th, 1917, in South
Dakota and so far as known is the first
of its kind in the United States and
considerable Importance was attached
to the filing of the demurrer.
In overruling the demurrer the Court
briefly reviewed the contention of the
defendant as presented by Mr. Hayes
and of the Government as presented by
Mr. Stewart, and said in his opinion the
| law would be useless if such an inter
probation were placed upon it as con-
! tended by the defendants attorneys,
the defendant having contended that
the remarks, while scurrilous and
abusive and improper, did not obstruct
the enlisting service Of the United
| States or promote the success of the
enemy or provoke disloyalty in the
military forces.
The court further held, in bis opinion,
that to accept the Interpretation con
making the Court a party to the OBJ
structing Of the enlistment of a neces-
sary and proper law ofthe United States
relating to its military duties in the
United States; that to permit this sort
of language would be to make he court
responsible, by giving permission to
parties to use the same, or the necessary
results of such language; that to per-
NIT such language would be to fail TO
uphold a law that was necessary to pro-
tect the forces of the United States and
to permit such language would be to
necessarily prolong the war by giving
aid and comfort to the public enemy
and thus encourage further and renew.
ed efforts on the part of those at war
with the United States. s.-Pioneer-Tmes,
Sth.
More than ordinary interest centered
around the case in the I. 5. district
court at Deadwood which came to a
close Wednesday afternoon about 3
o'clock, when the jury returned a YER
diet Of guilty on the second and third
counts as charged in the information.
The case occupied two days Of the courts
time and the prosecution was in charge
Of u. 5. District Attorney Robert T.
Stewart, while Doll was defended by
Attorneys Hayes " Hetfron of Dead
wood and Attorney j. II. Wear, of Oma-
ha. The attorneys for the defense will
undoubtedly appeal the case to the cir
cult court of appeals.
In charging the jury Judge Elliott was
commended for his ienency and the
broad view be entertained OF the subject
considering the grave charges against
the defendant. BY virtue of his charge
the first count was rejected and the jury
| considered only the latter two,
~ u.h hiah thnu x,arAipt Of
guilty.
The second and third counts are very
similar and only the third is given be-
low as follows:
And the grand jurors aforesaid upon
their oaths aforesaid, do present and say:
That Charles Doll, late of Custer, State
of South Dakota, in said district hereto
fore, to-wit, on the 20th day of June in
the year of our Lord one thousand nine
| hundred and seventeen, with force and
arms, at and in the county of Custer,
State of South Dakota, and in the divi-
sicn and district aforesaid, and within
the exclusive Jurisdiction of this court,
and while and when the United States
was at war with the Imperial German
government, pursuant to joint resolu-
ton of the congress of the United States,
approved by the president of the United
on April 8, A. ID. 1917, did then and
| there ielonlously and willfully cause and
attempt to cause disloyalty, insubordi.
nation and mutiny in the military forces
OF the United States, to the injury of the
United States, in that, he, the said
Charles Doll, did then and there feloni.
ously publicly state and said in sub.
stance, to one Earl Oliver, an enlisted
man of the Tenth United States Reserve
Engineer Regiment OF the military forces
of the United States, as follows, to-wit:
"Ihe - --government has not given
anyone square deal, and Wilson, the
- - - - -, claimed to be
neutral, and talk about the Kaiser, why
the Kaiser is a gentleman and credit
alongside of that dirty - - -- --
Wilson, and AS far as the Uaited States
government is concerned, Germany has