Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-21
STEPHENS COUNSEL
Continued from page |

fusals had been given To their proposals
| Ia persons called upon to buy bonds,
| they had asked them To give REASONS.
| Witness replied in the negative. Asked
| il they had made inquiries as TO where
| Stephens could bc found witness gave
| sinllnr reply.
On redirect examination, the witness
was asked by Mr. Curley concerning
| interviews with men other than stephens,
| and after a few further questions Mrs.
| Grubb was dismissed and Mrs. Van
| Trump recalled Ia the stand. Mr..
Curley recalled the witness attention
| to Stephens murderer words and
| asked If the statement when directed
tn n person selling Liberty Loan bonds
WAS true or false.
MIR Roc objected. saying Mrs. Van
Trump wasn't IN n position to answer It.
She couldn't say If, or not, soldiers were
being sent abroad To he murdered, etc
The objection overuIlcd Mrs Van
Trump said the statement was false.
She WAS not IA murderer, nor were other
Liberty Bond sellers. nor were soldiers
being sent forth 10 bc murdered
Cross-cxamned by Mr. Roe, the wit
ness said she thought the war was per
fectly just
do Won believe that any war IS rnur-
der" he went on Mr. Curiey objected.
saving that things we're getting too deep
Isychologically But Mr. Roe got his
answer The witness thought the United
States had never been in anyt hing but
Just war
Then MIR Roe started To say something
about what James Russell lowell had
once written about wnr
oh. Mr. Roc, said the court James
Russell Lowell is dead
little later the court sald the govern
ment had had % ask one 81 ITS witnesses
as 10 whether Stephens statements were
false and IN effect that IT was the deiences
promise 10 show the reverse III is proper
place and time Nh Roe sad he thought
he was entitled 10 know # there was any
distinction N Mrs Van Trump mind br-
tween sending soldiers abroad To he Killed
and ordinary murder The court sad II
would feel puzzled e. make distinctions
such IA Mr. Roe desired IN bring out.
although be had perfect right 10 cross
examine the witness concerning her state
mcnt that Stephens words were false
WY SOLDIERS am GotvG ABROAD.
When the questioning was resumed
Mrs Va Trump SAID | : soldiers werc
not beng sent abroad - be murdered
They were going for the sake ~ thor
country II called them and she bcheved
the war an absolutely Just
And finally Mrs Van Trump SAID she
had understood from stephens Language
that he meant to say nlted States sol
dicrS were being sent abroad to he mnr-
dcrcd
who vas the defendant addressing
when he sand rs YOU Say. on are
murderer was the next question.
Lengthy debate upon II followed between
counsel and finally Mr. Roc narrowed 7
down, II being c6ntended that .yoa
might mean Mrs Van Trump, Mrs
Gruhb. the public or tho government lie
said he meant to ask whether Nrs
Van Trump thought stephens meant her
or Mrs Grlhh She replied that stephens
was looking directly al her when he sad i
She didn think il was personal 70 her
rs hc said You and ali the Liberty Loan
workers. which TO The mind Of he wit
ness. also meant the government
While tins line of cross examination
was gong on Judge ray came INTO court
and took seat beside Judge Nootieyi
manifcstng Il deep interest in what was
gong on
Further queries by Mr. Roc failed to
shake Mrs Van Trump away from her
testimony that YOU and all the Liberty
Loan workers, also, took IN the govern
ment
Next Mr. Roe wanted to know IN
effect or in what sense she understood
Stephens words To be false. Mrs. Van
Trump said she didn't quite get MIR
Roe meaning IN the phraseology used.
and he reformed the question to include
whether she understood him 10 mean
that She and Liberty Loan workers we're
actually and literally murderers Mrs.
Van Trump insisted that the Liberty
Loan workers were not murderer~
Tins ended Mrs IAN Trump testi-
mony Mr. Curley then asked the court
10 take Judicial notice Of the purpose OF
the Third Liberty Loan as being for War
purpose and United States Marshal
Parry was called to prove a state al war.
which Mr. Roe announced he admitted,
almost before the marshal had opened his
mouth The government at tins point
announced that II rested
Just as the city's bells and Whistles
were announcing the hour Of noon
Mr. Roe moved that verdict OF not
guilty be ordered on the ground hat the
evidence submitted was insufficient 10
prove the allegations set up IN the ndiet-
nent, as we'll as upon constitutional
reasons
Mr.. Roe argued that nothing had been
brought forward to show that the words
imputed to Stephens nterfered with the
success or operation Of | nIted States
forces The Indictment should, he con
tended have been drawn With relation
to other sections of the statute, because
what Mr. Stephens had sud cut IN an
Arden field could not influence anything
the 'nited States Navy and Army
might seek to do The evidence showed
that what was said was IN the heat OF
passion and not with generalization or
intent to interfere with operation Of gov
eminent forces
Mr. Roe talked for ten or fifteen mn
utes on the matter Mr. Curiey, III reply
spoke very briefly, saying that III his
opinion the government IS evidence COM
pletely substantiated the Indictment
The court said il was satisfied that there
was an issue in the case and overruled Mr..
Roe's motion
Mr. Roe proceeded at once to outline
the defence to the jury He went over the
sections of the Espionage Act, explaining
that the offcnse alleged was a violation
of one particular section none other
relating TO saying things or circulating
reports intended 10 Interfere with the
operations of the United States Army or
Navy.
Mr. Stephens, he said, was q pacifst,
had been one for years; a Single Taxer.
and had devoted long period of life to it
When the booksellers came to him, Mr..
Roe said in effect it opened up an old