The Republican. [volume] (Oakland, Md.) 1877-current, 1919-06-26
RUSSELLITE VERDICT REVERSED
BY APPEAL; TRIAL WAS UNFAIR
United States Circuit Court Criticises
Judge HOwe's Conduct.

taken from the Brooklyn Eagle of
Thursday, May Is, 1919, and deals
with the case of the followers of the
late Pastor Russell, who were con-
victed in Brooklyn and sentenced to
serve long terms in the Atlanta pen
Ltentiary:
Judges Ward, Rogers and Manton
of the United States Circuit Court of
Appeals for the New York Federal
District today reversed the convictions
Of the leaders of Russellism, who
were found guilty last June before
Judge Harland B. Howe of Vermont,
sitting in Brooklyn, for conspiring to
obstruct the draft, discourage enlist
ment and foment instruction and in
subordination among the armed forces
of the Nation.
The decision holds that the attitude
of Judge Howe was unfair in his
treatment of the witnesses, Mrs.
Mable Campbell, Mrs. Agnes Hud-
gings and her husband, William F.
Hudgings, secretary of the Watch
Tower Bible and Tract Society. mas
much as the decision sustains the
legitimacy of the claim of the Rus
sellites that their organization, which
forbids members to kill, entitled its
members to exemption from active
service with the Army, there seems
little likelihood that the leaders of
the cult will ever again be placed on
trial.
Federal Attorney James D. Bell re-
fused to say whether he contemplates
a retrial of the case. The men whose
convictions are overturned are: Jo-
seph F. Rutherford, leader and head
of the organization; Treasurer Will
liam E. Van Ambaugh, Auditor Rob-
ert j. Martin, Publicity Agent Fred
erick H. Robinson, George H. Fischer,
and Clayton J. Woodwork, authors of
"The Finished Mystery; Superin-
tendent of the Bethel Home, Alex
ander Hugh Mcmillan and Giovanni
de Cecca, a lay preacher. All but the
last named were sentenced to serve
twenty years in Atlanta Federal
Prison. De Cecca got half that SEN
tence. All served nine months be-
fore they were recently released on
bail, granted by the United States
Supreme Court on application of Jesse
Fuller Jr., and Frederick Sparks of
counsel of A Court st.
Judge Manton Dissents.
Judge Martin T. Manton dissented
from the majority opinion, which was
written by Judge Henry G. Ward In
dissenting opinion Judge Manton
wrote:
"The guilt of the defendants in plain
and | do not understand that the ma
forty of the court are of theopinion
that the facts did not warrant this
conclusion of the jury"
Speaking of the unfair" tactics OF
Judge Howe Judge Manton futher
Wrote:
Indeed, it is my opinion that the
learned District Judge was most pa
tent and considerable of the defen-
dants' rights. His consideration of de-
PENDANTS council, who in their zeal to
protect their clients interests, many
times overstepped the bounds of due
respect to the dignity of the court,
was unanimous and kindly.
This judicial slap at counsel was
replied to by Mr. Fuller as follows
in a statement to newspapermen:
81 defy anyone to point out an in
stance where either / or my associ-
ate, Mr.. Sparks, overstepped the
bounds of due respect to the dignity
of the court"
1t will be recalled that at the trial
this same issue, brought before the
Court, resulted in Mr.. Sparks defiance
of the court to commit him. The
L
Court took no action, thereby prac-
tically holding that Mr. Sparks had
not committed contempt.
The news of the reversal of the con
viction of the Russellites may result in
the saving of the life of Joseph F.
Rutherford, who is reported to be
dying in Los Angeles, Cal, of pluro
pneumonia. According to Jesse
Fuller, had telegraphed to the sick
Rutherford declare he is raving about
the fact that he was required to ap-
pear on his bond in court June 4.
Judge Chatfield, on the request of Mr..
uller, had telegraphed to the sick
mans bedside that he will not be re-
CURED to come to Brooklyn then if
still i'll. The news of the reversal is
hoped to have salutary effect.
Referring to the treatment of the
witness, Mrs. Campbell, Mrs. Nudge
ings, the decision says:
Trial Not Temperate or Impartial
eve think that the attitude of the
court in regard to the testimony of
these three witnesses and the action
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