Mohave County miner., 1917-09-01

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 tion of facts does constitute the crime
 and ordinarily the mental attachment
 the adherence to the enemy, will be
 deduced or presumed from the giving
 of the aid or comfort. It falls within
 those questions which are all swept
 up in the jury's verdict Moreover
 the word land" in the phrase giving
 them aid and comfort" is a disjunc-
 tive, not a conjunctive. Neither is it
 an instance of the use of a synonym
 In legal documents rhetoric finds no
 place, and a value, or shade of mean l ing, is to be attributed to each word
 employed. The figures of speech,
 questionable even in colloquial writ | ing or speaking, known as tautology,
 finds no place in those most scrutin- ized of legal documents, constitutions, | So that a less material assistance of | the enemy than many might suppose to be embraced within the word laid" would be sufficient to constitute "com-
 fort" and to sustain the charge of treason. Direct aid, of course is clearly within the clause. But any thing which lends comfort to the enemy tends to aid him. The two words, used as they are in conjunc- tive conjunction, cover and are in tended to cover any, every and all l forms of assistance. The word "aid' covers assistance of a material nature, the word comfort" covers assistance of a mental or spiritual nature. Any thing whereby the enemy will be heartened in his conflict, encouraged either to make further opposition or in the opposition he may be making whereby the task of the United States is made the greater, or the longer, CT it's warlike effort the more onerous would be embraced within the meaning of the phrase. For knowing ly to accomplish that result in any manner or by any method is, beyond peradventure, treason.
 Adherence, as we have seen, may be deduced or presumed, indeed must be in the event of a persistent course of conduct or of action, whether such latter be of deed or word. It is, said above, a conclusion of fact" to the found or established by the jury With the adherence" of a person charged with the crime of treason relegated to that category; with an understanding that an "overt act" may be deed or word; with a com prehension that "aid', as equally comfort" may be rendered or sup piled without any physical attributes being a necessary characteristic there of, the consideration of the subject becomes sirnpIified and the crime as sunes a more extended relation to social existence than one would at first suppose. For example: A per sisting series of speeches or written or printd articles CT editorials con veying, when taken in the mass, in formation which might be reasonably deemed to be of assistance to the military endeavors of the nemy, or which by encouraging would tend to increase his resistance, or by dis couraging would tend to diminish the effective of the United States, would clearly be sufficient foundation for a finding both of adherence to the enemy and of the giving of aid and comfort. In other words, the cumu- lative effect of such a series of ad- dresses or articles would, within the rules of law, be held to afford suitable foundation for a finding by Q jury that the accused not only adhered to the enemy but gave them aid and comfort. In simpler times-only a comparatively few years ago-when daily printing of information was un- known, when cables and wireless did not convey information to the four quarters of the world on the instant, such eases as, in view-of modern conditions, might we'll arise today un- der the law of treason, were naturally unknown. But we are concerned with today, not yesterday, and must eX- pect modern acts to be adiudged in accord with modern conditions.
 It behooves, therefore, that it be remembered by any one who may desire to play dice with death-to shave the confines of eternity with out cutting his own throat through | the blade of his wit slipping an inch tcO far-to injure this country yet not pay the penalty; to evade and avoid by subterfuge and pretence- it behooves that he remember.
 First-That intent may be deduced from course of conduct and that one is presumed in law to intend the consequences of his acts.
 Second-That adherence to the enc