Evening journal., 1918-07-24
STEPHENS Goes TO
JAIL FOR 9 MONTHS
tContInued From Flrst PACE


his immediate family and friends be
ing the only ones there with the ex-
ceptlon Of the court officials and the
newspaper writers. Wiz Stephens
were Philip Barnet, who was one OF
the jury that recently acquitted Frank
Stephens, father Of the young man VINO
was charged before Judge Victor b.
WoOlley on a charge Of violating the
Espionage Act in calling women Lib
erty Loan sellers "murderers."
In addition to Mr.. Burnet, stephens
was accompanied by his wife, Mrs.
Donald Stephens, Mrs. William Worth
! ingt0n and Mrs. Buzz Ware. residents
OF Arden, as well as his father. Ste
phen's counsel, Henry Budd, of Phila-
/ delphis, was not present.
Stephens was convicted Of violating
| the selectlve service act Of May tS,
/ 1917 IL was charged that he had fall
ed TO register under the military act.
At the trial the young man who was
chairman Of the Arden branch or the
Peoples Council for Democracy, and
one Of the leading pacllsts of this
country, styled himself a conscientious
obiector. declared he was a strict vege-
tartan and opposed to the taking OF
any life.
Following his conviction on this
charge he was sentenced TO serve nine
months in the wOrkhOuse. An appeal
was at once taken to the United SlSS2s
Supreme Court which body sustained
the Judgment Of the court below. The
mandate in the case was received from
the Supreme Court sometime ago and
this was presented to the court TO-DAY
by United States District Attorney
Charles f. Curley who prosecuted the
case for the government.
While waiting for the court to con-
vene, the elder Stephens and his son
walked up and down the corridor on
the second floor Of the Federal Build
ing. discussing their private affairs. Il
was clear that father and son were af-
fected by the impending sentence.
When the court convened, United
State District Attorney Curley, address
ing Judge Mcpherson, who appeared on
the bench attired In civilian clothes
and minus the judicial gown, outlined
the case and the fact that counsel for
the defendant had taken an appeal
from the lower court. He asked that as
the mandate had been received sustain |
ing the sentence Of the lower court, |
that the government re-sentence the
As young Stephens arose Mr.. Curley |
stated that he had advised Mr.. Budd,
the young mans attorney, that his
client would be re-sentenced today.
MFR. Budd, however, was not present.
Addressing Stephens, Judge McPher-
son said: 'YOu are sentenced to pay
the costs Of the prosecution and to be
imprisoned for a period Of nine
months and you are now committed to
the custody Of the United States Mar
shall
This ended the case insofar as the
local court was concerned and Steph-
ems and his wife and father, as well as
friends, retired to the private office Of |
United States Marshal Fairy.
Under the rules of the wOrkhOuse, |
the defendant is entitled to 40 days off !
his sentence for good behavior, but |
under the Federal law, when he has |
served his sentence, he is to be auto |
matically inducted into the National |
Army.
The defendant, IL was said today, had /
grounds for military exemption had he
.aken the means to register under the
service act and registered. He
las a wife and child.
The trip to the workhouse this af-
ernoon was the second one taken by
he young man. he having served eigh-
cen hours there some years ago with
group Of Ardenites, who had been
med s. and costs on a charge Of vio-
ating the Sunday blue laws in playing
ennis and baseball on the Sabbath, and
lso for selling ice cream. These ar
ests were brought by the late George
rown, the Arden anarchist, who had
cen sentenced to thirty-slx hours in
he workhouse on a charge Of disturb
lg the peace Of Rrden some time be-
ore the arrests of the twelve or more
.rdenites.