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Show IS HELD TO THE FEDERAL MY Editor Numsen Is Bound Over. 'Charged With Using the Mails to Carry an Obscene Ob-scene Paper. His Attorneys Arguo That, tho De-fondant De-fondant Did Not Knowingly Publish Pub-lish Objectionable Article The preliminary hearing of M. A, Wil-lumsen, Wil-lumsen, editor and publisher of the American Eagle, was had before United States Commissioner Twomey yesterday afternoon. Willumsen was charged with "knowingly, wilfully and unlawfully unlaw-fully depositing and causing to be deposited de-posited for mailing Riid delivery at the postofTice of the United States in Murray, Mur-ray, In the State and district of Utah, a certain obscene, lewd and lascivious paper called 'The American Eagle,' the same being Vol. XVI and1 No. IS, and dated 'Murray, Slt Lake county, State of Utah, Saturday. September 3, 1904 containing a paper addressed to 'J. I-L Stratton, Murray, Utah," which said paper was and Is so obscene, lewd and lascivious as to he unfit to be set out at length in the complaint." Five Witnesses Sworn. Postoillce Inspector Frank C. Sharp, superintendent of tho Murray station, D. F. Cahoon, J. H. Stratton. Edward II. Picker, and Frank Bagley were the witnesses sworn In behalf of the prosecution. prose-cution. Picker testified that the article was set up In type by him; Bagley testified tes-tified that he mailed S00 copies of the paper containing the article. In the postodlce nt Murray; Stratton testified that he found the parcr in his postof-fice postof-fice box addressed to him on September 2, 1004; while witnesses Sharp and Cahoon Ca-hoon testified that the defendant, WI1-lumsen. WI1-lumsen. In conversation with them on September 26, 1901, admitted that he had seen the article In manuscript prior to Its publication; that he had placed the article on the hook In the composing-room composing-room to be put in type, and that he had but casually glanced at the article prior to its being placed on the hook by him to be put in type. Arguments for the Defense. J. M. Hamilton and David M. Halgh appeared as attorneys for Wlllumsen and at the ooncluslon of the testimony in behalf of the Government made a motion for the discharge of the defendant defend-ant on the grounds that the defendant did not knowingly publish the article; that the article in nnd of itself was not lewd or lascivious, and would only be construed to be so by a mind disposed to place an evil construction on the language lan-guage used 1 United States- Commissioner Twomev overruled the motion for a discharge and held the defendant In $1000 ball to await the action of the next Federal grand jury. |