The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1918-08-30
FEDERAL JUDGE PASSES ON Al
LEGGED SHDru0US CASES

CONVICTION KY, Aug. 29.
That Congress has . right to curtail
free speech. if necessary to pass laws
which will enable this country to win
the war, was the declaration Of Judge
A. M. j. Cochran, of the United
States Court for the Eastern District
of Kentucky, in overruling demur-
rer to an Indictment against c. b.
Schoberg, a South Covington shoe
merchant, inzwhich the latter was
charged in thirty-two counts with
violating the espionage law. s.l
Schoberg and six other citizens OF
South Covington were arrested July
4 by Kenton county officials follow
ing evidence secured by the Citizens
Patriotic League of Covington by
means of a dictagraph installed in
Schoberg's shoe shop.
Former United States District At
torney Sherman Mcpherson, repre-
senting Schoberg, filed a demurrer to
the Indictment on the ground that the
amendment to the espionage law, as
passed Nav 16, was unconstitutional
in that it interfered with the right of
free speech and a free press. Attor-
new Mcpherson asserted that the
mere utterance of an opinion does
not constitute a crime, and that it
must be shown that such private
opinion obstructs this country in the
prosecution of the war.
Attorney Stanley Bowdle, of Gin
cinnati, who represents G. H. Wagner,
one of the seven defendants, present
ed authorities tending to uphold the
contention of Attorney Mcpherson.
He argued that Congress cannot pass
laws that will interfere with free
speech under any circumstances.
declared that Congress can enact leg
islation to meet war conditions and
that freedom of speech is not involved
in this case. He produced authorities
to establish his contentious.
Judge Cochran, in overruling the
demurrer, declared that he did not
believe freedom of speech was in
volved in this case and that Con-
gress has power to pass any legisla-
ton that will assist in the winning of
the war. He said that the question
might arise whether the mere speak
ing of words has a tendency to OBJ
struct this country in it's war work,
or if such words might tend to favor
Germany in this war or to influence
others.
"This is the first case under this
indictment since the passage of the
amendment that has come before me,
and We must blaze the way" said the
court.
Jurors questioned, who are men,
bers of the Citizens Patriotic League,
were challenged by counsel for the
defense. -
Prior to the calling of the Schoberg
case j. G. Masten, of Bethel, O., for
merly a resident of South Covington
and one of the defendants, in a writ
ten statement, which was read by the
court, changed his plea of not guilty
to guilty. Judge Cochran said he
would have the statement read in
open court when sentence was passed.
Attorney Mcpherson, for the defense,
objected to the reading of the state
ment before the prospective jurors.
he courtroom was filled to over
flowing and the cases are being
watched with keen interest through
out the State.
The jury was selected late Monday
and is as follows: William Roberts,
Nicholas County: Beecher Joyce,
Trimble County; Clarence Taylor,
Pendleton Count; John Roland, PEN
dleton County; Robert Ellis, Carroll
County; j. c. Burwell, Mason Coun-
ty; Thomas Mitchell, Mason County !;
Elmer Elliston, Kepton County |;
Charles Woods, Bracken County; E
M. Downing, Kenton County; B. F.
Butler, Trimble County; Scott Steph-
enson, Mason County.
Following the Schoberg trial the
six other defendants will be tried.