Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-11
Sentence Suspended When
Prosecutor Tells Court Ac-
cuSed Was uniformed.
CONVICTION Is HELD
IMPORTANT TO DRIVE
District Attorneys Office Plans
Campaign to Ban Salacious
Literature.


utors of obscene and salacious maga-
zines in the District of Columbia was
obtained today when William II.
Smith of the Capital News Go. plead
ed guilty in Police Court before Judge
Gus A. Schuldt.
The court imposed a fine of 500,
with an alternate OF 90 days In Jail.
but suspended execution of the SEN
tence upon the recommendation of
Ralph Given, assistant United States
attorney. who stated that he did not
believe Smith was aware of the nature
of the magazines ne was distributing
at the time, and had since co-operated
in every way with the district attor-
ney's office.
Smith, who lives at 227 B street,
was arrested July II following the
Evening Stars campaign TO prevent
the sale of indecent literature and pic
lures. n so-called art magazine
led to Smiths arrest by Policemen
John f. Thompson and j. L. Billman,
of the sixth and third precincts, re
spectively. The periodical contained
many illustrations, which, in the
words of Mr.. Given, had nothing to
do with art in any accepted meaning
of the word"
Demanded Jury Trial.
The distributor gave a 500 bond
for his appearance, and stated to Mr..
Given that he did not know the kind
of pictures contained in the magazine.
He stated that he would carefully
scan all periodicals on his stands in
the future and would bring question
able ones to Maj. Peyton Gordon's Of
flee for examination
Because of his expressed desire to
aid the court officials, Mr.. Given
stated that he did not want to make
an example of the dealer, but did
want TO warn all other dealers.
Smith later on demanded jury trial
and because of the congested panel
the case was delayed.
Later Mr.. Given summoned Smith
and told him that if he continued his
demand for q jury trial, he could
expect no leniency from the court.
1t was said at the time that a num-
Der of New York attorneys were
coming to Washington to fight the
case.
Smith withdrew his demand for
jury trial and went before the court
today.
Following this action, Mr.. Given,
in an interview with The Star, de-
clared that having secured this con-
viction he would go the limit in
prosecuting future offenders. After
today" he said. II will ask for maxi
mum penalties.
One Publication Suspends.
"Those so-called art magazines"
he said, "are printed solely TO appeal
to eve of the salaciously inclined.
and base their hopes of financial
gain through this channel alone. l
am not a moralist, but l do believe
such publications should be barred
from the stands in the city, where
young children may for a few cents
purchase them"
Mr., Given stated that he had been
in several conferences with Maj. Cor
don and had been advised to do
everything possible to prevent fur
ther distribution. One magazine that
Mr.. Given had under surveillance.
stopped publication a month ago. 1t
was printed in Washington and its
spicey paragraphs did not, Mr.. Given
claimed. come within the bound of
common decency.
The section Smith was arrested
under. is section S72 of the District
code.
Conviction Held Important.
The fact that conviction has been
obtained for the sale of obJect1onaDle
reading matter from newsStands was
considered important today in view OF
the activity of the Police Department
and the district attorneys office in
seeing that Washington's newsstands
are swept clean of such matter.
In a series of articles The Star
some time ago showed conclusively
that literature of a type which is not
only vulgar, but in some instances
salacious, was being sold openly on
the newsstands of the city. and that
many vending places for such mate
rial were close to schools, where they
found a ready sale to school children.
Police action was confined at first
to warning the news dealers that
prompt arrest and prosecution would
follow if the Objectionable reading
matter was not taken off the stands.
In fairness to the news dealers. it
was recalled today, most of them
a agreed to cooperate with the police
by voluntarily removing the maga-
zines, and within few days after
The Stars Inauguration of its cam
paign most of the newsstands were
cleared.
The conviction today, while it is
considered wholly in the light of
test case, will give the District attor-
ney and the police an effective weap-
on, it was pointed out. TO hold over
the heads of newsstand proprietors
who fail or refuse to cooperate with
he authorities.
New York Follows Capital.
New York, following Washington's
footsteps, is now waging a campaign
against the sale of indecent period
Gals. District attorneys of the various
New York boroughs were loud in their
praise today of the undertaking.
District Attorney Banton of New
Y ork made a study of the legal
aspects Of the problem and found that
.hree convictions had been rendered
during 1926 against the men who
exploit lust t-provoking pictures I'm the
name of art and by other lodges.
In a statement by Mayor Walker
ne said that the city In licensing the
stands that sold the periodicals con-
nived at their distribution The threat
20 suspend all licenses where they
ire sold has been made. In the view
of one publisher, Smash New York
md you clean up the whole country"
District Attorney Dodd of Brook
yn and District Attorney Newcombe
If Queens also praised the drive on
iirty magazines. A vote of apprecia-