Evening journal., 1918-06-22
STEPHENS FATE NOW
RESTS WITH JURORS
District Attorney Curley
Urges Conviction OF
Arden Resident
PLEA FOR ACQUITTAL
IS MADE BY Mr.. ROE

The ease OF Frank Stephens, the Ar
den Single Tax advocate and paciflst
charged with violation Of section 3 o.
the espionage act, in certain statement:
alleged to have been made by him OF
April i6. went to the jury in United
States District Court this afternoon
Judge Woolley commenced delivering
his charge at i2.4s o'clock and at 10,
o'clock the case was submitted. The
Jurors were allowed TO lunch at the
Hotel dupont before retiring 10 their
chamber.
Throughout the whole proceedings
today Mr.. stephens sat soberly and
keenly alert to each detail OF the trial
In his charge Judge Woolley told
the Jury that section Of the espionage
act Is constitutional and that they need
not bother as TO whether the section
abridges the freedom Of speech. He de-
fined 10 the jury the statute under
which the charge was brought.
In his Argument 10 the Jury, Mr.. Cur
ley brought before the jury that Ste
phens' statement to the bond sellers
was made st a time that this country
vss at war. On which side is the "
ing and falsity is a question for the
Jury 20 decide, he argued, for the tes-
timony oonficted and on one side there
much have been lying The veracity Of
Mrs. Van Trump snd Mrs. Grubb can
not be doubted and their word Is taken
ct is face value wherever they are
known, the district attorney argued.
Somebody He'd" he reiterated.
Mr.. Stephens came into court and de-
MED having made the statements at
tcibuted 90 him, but admitted that he
had told the two women that they
were on a "murderous errand," argued
Mr.. Curley, and demanded to know
how they could believe the defendant,
1T Is necessary 10 sell Liberty Bonds
tr the prosecution Of the war, and the
only place for any man who Is so
strongly opposed to their purchase and
who would dlssuade against their pur-
chase is jail; there is no othes place
h the United States for him." he said.
Testimony as TO a defendants good
reputation Is not evidence, Mr.. Curley
set before the jury. lie attacked the
testimony given by william X Berry,
collector Of the port OF Philadelphia. as
70 Stephens good reputation. Mr..
Berry testified that. despite the news
paper accounts whwcih he had read Of
Stephens position In regards to the
war, and the selective service law, he
considered him a good citizen. on
,thor points Mr.. Berry's testimony was
lssailed by the district attorney
The testimony Of Mrs Worthington
llso was commented on by Mr.. Curley.
isn't It singular that the only part
" Mrs. Ervin's conversation with Mrs
srubb that Mrs. Worthington could
ecollect was Mrs. Grubb asking
where Stephens could be foundY" ask
"a the district attorney. He also re-
marked on the fact that her testimony
lad been denied BY both Mrs. Erwin
md Mrs. Grubb.
Mr.. Roe then took up his argument
% the jury.
Next to treason, one OF the moss
serious charges, carrying the greatest
penalty, Is the charge on which
stephens is charged" he said, and said
, that he has never been so much IN
doubt as to how to treat case as
his one. He dealt considerably on
he seriousness OF the offense and said
hat any man who violated the act
q traitor.
but Congress did not mean TO catch
IN innocent man In the meshes Of the
law, and so, in the act, placed the
word ''wflfully" In the passage as to
interfering with the military forces
Of the country" he went on. He force
hlly impressed that there was no
Uilful intent on the part OF stephens
n any remarks he had made.
"If a single word or message should
l. A. hNF n
his country and the result is the deaths
OF hundreds OF our men-that Is what |
The law Is meant for" he said.
'sThe language that he used, In sub
stance. was that war Is murder" Mr.. /
Roa Impressed. He continued with Mr.. |
stephens attitude toward war, bringing /
ont his conscientious beliefs about |
killing-that he Is even opposed 20 the
killing Of animals.
"A man does not live with an un-
blemished character to the age OF %
and then suddenly turn lawless," feel
ngly remarked Mr.. Roe and proceeded
% set before the jury the Significance
hat the witnesses placed on the stand
O testify to Stephens good character
houId bear.
A man can believe what ne will and
e can express tnat Dellef so long as {
a does not violate the law. argued {
fr. Roe, and demanded TO be shown c
shere Frank Stephens had violated the t
aw. a
II want It to be established IN the Il
minds OF the community by verdict o
II acquittal from you that Frank Y
Stephens In law-ablding and is en-
titled 70 his own conscientious beliefs, 7
peculiar as they are. and can express
them so long as he does not trans 5
COUNSEL
hoDert T. Woolery was the nrst Wit ,
IS placed on the stand for the de- ,
use by Mr.. Roe. He testified that he
known stephens for the past 2i
rs and knows his reputation to be
iod Mr.. Woolery Is a grocer at Arden.