The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-08-29
Rev. Harvey Phillips Goes to
q. S. Grand Jury.
Hearing Before q. s. Commits
siOner Is Ended Today.
USED WITNESSES OF DEFENSE
q. S. Attorney in Rebuttal Alb
Quoted With the Evidence.
Calls PhilIips's Remarks Trea-
sOnabIe and InSidiOus.

pound over to await the action or the
grand jury by C. H. White, United
States commissioner, within thirty
minutes after the hearing reconvened
this afternoon. Phillips was placed
under $1,000 bond.
In making his findings, Commis-
sioner White incorporated in his state
ment the fact that none of the evil
dence introduced at the hearing
Wednesday and today had shown one
scintilla of evidence of intent"
White said that ''in view of the fact
that Mr.. Phillips has been out of
America practically the whole period
of the war that it has probably not
been brought to his knowledge that
a new espionage law was enacted in
1917, or that that act was amended
and broadened in May, 1918. But"
Commissioner White said, Ignorance
is no excuse under the law and I
therefore bind him over to await the
action of the grand jury
The grand jury meets in Novem-
ber, when it is probable that the Phil
lips case will receive consideration.
The penalty for the crime with which
Phillips is charged is from two to five
years in the federal penitentiary. with
fine in any amount attached at the
discretion of the court.
When White announced his deci-
sion Phillips, except for a slight flush
ON his cheeks. evidenced no shock or
mental disturbance.
Stones Argument.
Basing his whole argument on these
high lights and premises, Robert
Stone, attorney for Preacher Harvey
z. Phillips. trial before Commits
sioner White for disloya1 utterances,
today put up an able plea for acQuit-
tai for his client. Stone contendeG
primarily that the utterances with
which Phillips is charged of making
and which the defense maintains that
he did not make-were made in sup
port of a theological premise and
when taken with the sermon as a
whole could not have been interpreted
as being of a disloyaI nature or of d
nature tending to disrupt the morale
of the people of the United States for
the prosecution of the war.
Mr.. Stone said in part:
The public press is largely respon-
sible for the indignation reused in To-
peka over the sermon preached by
this man, Harvey E. Phillips, on the
evening of August 49, The public
press has torn this mans reputation to
Shreds and he is now living and suf-
fering under the burden of imputed
disloyalty. and he is therefore entitled
! to have a fair hearing before this court
and to have a definite decision stating
either that he is fully acquitted or that
l
/ has been found. The sermon prea he'd
| by this man on the evening of Sun
day, August IS, dealt solely with ques-
tions of theology and not with ques-
| tions of political or patriotic sig
nificance."
| (Mr. Stone, of course, is wrong. The
i press simply reported the facts as
! given to the federal officers sent here
| to investigate. Every word printed in
the State Journal was information as
given government men. If the Rev. Mr..
Phillips is guilty of the charges against
| him there is nothing to be hidden. If
he is cleared of all charges, everything
! has been told as reported to United
| states officials, and he will have his
/ case given equal publicity.
The State Journal tried many times
! to obtain an interview from Mr.. Phil
! lips, giving his side of the case. He
was offered every avenue of publicity
/ in this newspaper to deny the charges
! against him and explain the meaning
! of his sermon. But Mr.. Phillips would
! have nothing to say. Very naturally
then the only Information available
/ was the news matter printed thru
! complaints to the government officials.
Mr.. Stone says the press has torn
| Mr.. Phillips reputation to shreds."
Beautiful verbiage but without founda-
/ tion of fact. Possibly the evidence
i given to the government has made Mr.
! Phillips reputation for loyalty rather
/ insecure, but the press hasn't done it.
/ Probably Mr.. Stones idea of a news
paper is one that will NOT print the
news. In that way all regulations
would be equally pure and innocent
The court will give Mr.. Phillips n hear
fng-as it has been doing the last day
or two. The newspapers have no legal
Jurisdiction Mr.. Stone should confine
! his arguments to his client.-Editorl
/ Stones arguments before Commits.
do A
]. Mellott, attorney for the govern.
ment, had rested the case of the
United States without argument.
Calls 1t Reasonable.
In his rebuttal this afternoon the
attorney for the government deal
absolutely with the evidence as giver
by the witnesses for the defense He
called Mr.. Phillipss utterances "trea
sonable and insidious."
/ Preacher Harvey E. Phillips wa!
arrested three days after he had de
livered a sermon at union meeting o.
West side churches at Central Parl
school house Sunday evening, Angus
lis. Phillips was arrested by c. C
jackson, assistant United States mar
shall on a warrant issued by Free
Robertson, United States district attor
ney. based on a complaint sworn Il
by G. z. Barthell, special agent of th'
department of Justice Rarthen mad
lH6 l1INSSlASdllOIi VI III
peka the day after the sermon wa
delivered at the union meeting b.
Phillips.
One Witness Thrown Out.
At the beginning of the preiininar.
hearing before Commissioner Whit
in the Federal building in Topeka
Wednesday morning, the governmeH
introduced four witnesses. three o
whom bore out the allegations mad
in the complaint.
The first witnesses called by the de
fense were character witnesses VIII
had known Phillips in Egypt and ol
CONTINUED on Page Six.I