Every evening, Wilmington daily commercial., 1918-07-24
DONALD STEPHENS
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Stephens came down from Arden this
morning to 90 to jail, accompanied by
his father, who only few weeks ago was
acquitted in the sauie court where ms
bov was today sentenced, Of vlointng
the Federal Espionage nct With them
was the young mans wife, Mrs Wiliiahl
Worthington who WINS q notable wlthefs
nj the elder Stephens trial. md q friend,
Mrs Ware,
phihp Burnet, president Of The Cont
mental Life Insurance Co, who was one
Of tho Jurors who heard the espionage
case and found the elder Stephens not
guilty, wna also in tho court room todny
The hour of eleven, nj which tifne
sentence would bc imposed, WINS Htili
twenty minutes dstanct, md while the
women of the party and MIR. fsurnet took
| scate in The court room, the defcndnnt
and his father paced NJ and down INC
corridor deep in conversation.
The Young man looked stunlily healthy
| and energetic The elder Stephens laee
socmod worn md rather weary, although
| his quick, decided step bcfed II lheY
| took twenty or more turns up and down
the long hal before the apfcntaneo of
| United States nietrici Attorney ssuriey
| md United States Marshal fairY warmed
! them that the hour of court g opening was
1
ing seats before tho lar Of the court
| Mr.. Culev opened the vory hrlof
proceedings hy rcndinp the record 81
| The case conyictlon. WIT nf error 81
| nrctne Count affirmation ctc, and theh
| moved that sentence be imposed
| STEPHENS Wl4 told tn stand NJ Very /
| succantIv Judge Nnl'hersnn imposed /
| sentence of niue months II he kh"ise
aud paymeut Of he costs oi prosecution I
| committing the prisoner to tie cnstnaN I
| of Marshal FAIRY for removal 70 t,rcch. |
bank Stephens heard the eourt's wotd I
| with no trace Of nervousness or sell
copscicntio,tsnoqs The faintcst of Smiles I
PLAYED around his mouth ns he listened |
| Immediately the court had finished. he |
| resumed his scat.
| Afterward he, his father and the women
went to Marshal Farrya private office
sitting there il conversation unth the
hour came for stephens journey ~
custody out 10 tho wpfkhouse
Neither in court nor afterward III the
marshal'a office, SO fnr as could be OBJ
served did the elder or Younger Stephens
~ Mrs. stephens hetray any emotion
| While in the marshal office all sat around
| a bip table there and chatted, later the
newly sentenced man devoting himself 10
! considerable writing doiilng his cont 20
go about the Job, the atmosphere being
heated we'll up in the nlnetles
utsroRy or rHE cast
The history Of stephens case - .
little bt different from that o most
of the others, who, for one reason or an
other have declined To comply with the
reeist ration or selcctive draft laws. his
difference lies IN the fact that nc went
to the United States supreme our
with his case. after the jury which heard
fftIn he q
went straight to Jail to serve their sen
tences
II will he remembered that when the
first seloetivc draft took place and the
first registration was held under IL
there was quite large number ot Young
! | men in different sections OF the country
who refused to register or made trouble
: | in other WAYS, declaring themselves con
! | scientious objectors either through the
: | religious or philosophical convictions they
held or canouflaglng their distaste
{ toward shouldering a rife and chancihg
! the shedding of their blood for their coun-
try IN other WAYS. Many eases of con-
;, scientious objection Indicated that the
= nhrase was merely u eupheInism Tor
: physical or moral cowardice
/ Ii WAS promised when the eelectiVe
= draft regulations were promulgated that
the law of the l.nd would deal severely
and imDartially with all eases of slackerlsin
that might arise, and this policy has been
+, carried out After the first flush OF olr
Dosition and consequent punishment, IN
stances of conscientious objection became
!, materially less The second draft has
= been conspicuously free from them.
= Steuhtns' case Is one of the few 10 last
, as long as it has About the only case OF
= any degree of similarity Is that OF the
noted Grover Cleveland BergdoH, son
of the Philadelphia brewer, who has
iackrabbited around the country Tor
g months always about two Jumps ahead
= of Federal pursuit, meantime sending
\ insoent and irritating letters to the au-
- thorities, or to others. with the intent
/ that the mlsslves should reach the au
: thorities He Is now perllously close to
. the day when he will be declared a
= descrter and likely to face the fate that
: overt axes deserters III time OF war
- - Stephens attitude toward the draft
." and registration was not unexpected
- and when registration arrived IN June
1917. no one was much surprised when
io he failed to comply with the requirements
of the law.
But that did not alter the laws dc
termination to handle" him III the saIne
IF wav il would any other similar yiolator
He was promptly arrested by the proper
authorities. and the case was sent before
" the Federal grand jury A true bill was
~ found and hc was brought to trial last
~ December, before Judge Bradford and I
y ~ Jury, after the usual legal sparrlng fol
4. DELAY. The jury found him guilty ano
a. the court imposed sentence OF nin'
y months Imprisonment in the New Castle
u county workhouse, where Federal prls
oners in the district of Delaware are con
fined when short sentences are imposed.
Conviction and sentence did not ent
e, Stephens fight against service with tn.
y colors. lie had able counsel, who tool
w. the case to the United States Supreme
y y Court on writ Of error which bIough
II before the nations highest tribunal
I" among other contentious the question Q
y the constitutionality Of the law, stephen
q being III tie meantime free under 81 oO
as bail. The Supreme bench, however, at
frrned the action of the court below
Re-sentence, however, was necessary
for the reason that date Of beginning am
X ending the term having been fixed an
'h1 the intervening litigation making It III
lu possible to carry it out as laid dowT
on And this re-sentencing was the forms
on thing which took place today. Whe
ls Greenbank is through with the prisonC
he will at once be inducted into the arm,
~ and he will be required to servo whethC