and before they were permitted to speak they must receive recognition from the chair. He said that in earlier times the members of the body did not have chairs, they merely had benches to sit upon. Then he said that this was further signified in the chair that is upon the throne. He said that this is upon a still higher platform than from the throne. He said it was from this high chair of the Monarch that the actions of the nations had been ruled, 430 but he said "The time has come when authority is changing from the throne of the Monarch and from the chair of bodies to those who sit around on their own kitchen chairs, but we are at war. They tell us that we are at war with a great military machine in Germany. But I want to say to you that we had a military machine in this country as well. We have no cause to be in this war. There is nothing for us to gain by this war. President Wilson had no right to send our troops to France. Then, with a sneer he said, "They tell us we are fighting for a principle, but you folks are the ones who are furnishing the boys to shed their blood in the trenches, and you folks are the ones who are paying the bills and will pay the debts when this war is over. This is a capitalists war and is run solely in the interests of the capitalists. They have been conscripting men for the war. The time will come when labor will conscript capital for its uses. He said Bolshevism was the ideal form of Government; this is the movement which is to usher in the new era. It has already brought about a revolution in Russia. This will make itself felt in Germany will spread to the United States, and will sweep over and 431 conquer this country. The time has come when each individual should sit around on his own kitchen chair and determine what should be done, and then act." And when this was done the new era would be ushered in.

Cross-Examination by Mr. Stedman.

He said that Postmaster General Burleson had handled the matters of the postal system in a very arbitrary manner; that he had excluded from the mails all newspapers that did not publish just the articles that he liked. He said that Secretary McAdoo had received his position, not because of his efficiency, but because he was a son-in-law of the president; and he should be called the Mikado, the son-in-law of Heaven, and that was the term he used throughout the remainder of his address. He said, who is Herbert Hoover that he should tell you and me and our children what we ought to eat and what we ought not to eat? Why, he has told us to cook our potatoes with the peelings on, and he will be telling us to eat the peelings and boil rocks to make soup. I don't remember that he referred or quoted from the American Bankers Association in referring to the cooking of potatoes. He did not say it referred to a full page ad. I do not remember that he referred to Amos Pinchot. He discussed Mr. Hoover under the head of the President's Cabinet. I feel hostile to the character of his address. I disapproved of this speech very much. I felt hostile to his (Tucker's) attitude. I inferred that he did not believe in this war. I believe in Jesus. I believe in "Blessed are the Peacemakers." I believe in war. I do not remember any quotation that he gave from Secretary McAdoo. I read a short portion of his speech in one of the papers. I am testifying from my independent recollection. I discussed it with many people afterwards. I belong to the American Protective League, and the Vigilance Corps. I am not very active in the Vigilance Committee. I joined some time before Christmas. I don't remember that Mr. Tucker spoke against the Hohenzollerns or the Kaiser. Tucker explained how Bolshevism was to bring about the establishing of the rights of the comnfon people and the rule by the people, saying it was the only true democracy.

432

The statement of the rule by the common people, and that democracy and ideal did not arouse my antipathy towards his address. His reference to the Bolsheviki did not disturb mfe. The reference to the kitchen chair did not arouse any antipathy on my part. To my mind the whole address, it was the militaristic idea of this country, the military machine, and the conscription of capital for the interests of labor, and the lack of support of our Gov433 ernment at that time in the crisis it was in, is what disconcerted me.

EDWARD WILBUR CAMP, called as a witness on behalf of the Government, having been first duly sworn, testified as follows:

Redirect Examination by Mr. Fleming.

The figures "500" are in my handwriting on this Dillon letter.

Recross Examination by Mr. Stedman.

The figures 500 placed on the letter was my method of showing the number of copies that were run off on the mimeograph. There was an automatic counter on the machine. I looked at it when we started, added 500 onto it, and when we reached the exact number we stopped. I don't remember looking at the indicator on that day.

ANTON DVYLIS, called as a witness on behalf of the Government, having been first duly sworn, testified as follows:

Direct Examination by Mr. Fleming.

My age is 24 years. I reside at 358 East 53rd street. Have lived there two months. I am married. I was born in Lithuania. I have lived in America

397

for five years. I came here in January 1914. I have not declared my intention to become a citizen of America. I am a member of the Y. P. S. L. I joined in 1916, Lithuanian Branch No. 1. Office at 301 South Halsted street. I as employed as a pressman for a Lithuanian paper called Naujienas. I know William F. Kruse. I wrote a letter to Kruse on June 26th last. This (referring to letter shown witness) is the letter I wrote to Kruse. It bears my signature. I sent the letter by Mr. Sligus to Mr. Kruse and received a reply back. I saw Mr. Kruse write his name. I know his signature. I don't remember if the letter was received from Mr. Kruse. I don't remember who signed it.

(Whereupon counsel for defendants objected; objection sustained.)
Mr. Fleming: We will have another witness to connect this up.
(Witness was withdrawn temporarily)

JAMES A. FRIBERG, called as a witness on behalf of the Government having been first duly sworn, testified as follows:

398

Direct Examination by Mr. Fleming.

I live at 5933 South Green street, Chicago, Illinois. I am a musician identified with the United States navy since last April. I am a musician of the navy stationed at Great Lakes, Illinois. I have known William F. Kruse since June of last year. I met him at Camp Yipsel, Fox Lake. I was introduced by my brother Conrad L. Friberg. I saw Kruse a week later at his office. Later I met Kruse, in 1917, at the Douglas Park Auditorium, October, 1917. My brother was present and Mr. Bleischmidt. I don't know where Conrad is now. I saw him last March, 1918, I have not heard from him since. I have written Mr. Kruse. The letter addressed to Mr. Kruse bearing date July 21 1917 was written by me. I received a reply to that letter. I destroyed the reply. This (referring to document exhibited to witness) is a copy of the answer I received from Mr. Kruse.

399

(Said reply letter was then tendered and received in evidence as Government's Exhibit 27.)

To which the defendants objected as incompetent and immaterial as to each defendant, which objection was overruled and to which overruling of said ob jection by the court the defendants by counsel took an exception.

(Said letter was thereupon by the Court admitted in evidence marked Government's Exhibit 27, and the same is in words and figures as follows, to wit:

I was very glad to hear from you and the delay in my answering your letter is due to the fact that it arrived at the office while I was spending my vacation at Fox Lake. I hope that you will escape the draft and that you will contine

your good work for our cause. You probably know that Fred Bartholomae has been taken on the first call, and that he has been passed as physically fit. It is rather rough on the boy, particularly since Fred is such a good worker.

There is now great agitation to start a daily paper in Chicago and I am sure that your suggestion has been brought up by several comrades. It strikes me as being a very good one and should the occasion present itself, I will bring it up myself.

Wishing you the best of success at your work, I remain
Yours for comradeship

401

National Secretary, Young Peoples Socialist League.

(Thereupon letter from James A. Friberg to William F. Kruse dated July 21, 1917, was tendered as Government's Exhibit 28.

(Objection by counsel for defendants as incompetent and immaterial, which objection was overruled; to which ruling of the court defendants were allowed an exception.)

(Said document was thereupon by the court admitted in evidence, marked Government's Exhibit 28, and the same is in words and figures as follows, to wit:)

402

Dear Comrade Kruse:

GOVERNMENT'S EXHIBIT 28

Harbor Springs, Mich. July 21, 1917.

I am writing this on the eve of when I am to know my fate. I am playing at a millionaires' summer resort. I am reminded of the war every where I see all the rich women knitting for the soldiers. It's very kind of them, isn't it. My brother just sent me the American Socialist. Believe me, it's good reading. Rather than buy yellow newspapers here I have been reading magazines. If I am not drafted I will subscribe for American Socialist even if it is impossible to get it on account of its being barred from the mails.

I wish to call your attention to the real object of this letter. I notice in July 14 issue of the American Socialist that a Daily Socialist Paper is under discussion. Financing it seems to be the only trouble. I can offer no suggestion about that but couldn't it be possible for every party member pledge himself to buy it every day for a year? Don't you think it would be advisable for every local in Cook County or Vicinity to see if every member present at the next possible meeting would pledge himself to buy the paper or at least take a vote on it? I realize that the paper would have to be sold to more than Socialist Party members to be a success but it should have the entire support of members. After the paper should become started, while it is more acceptible to have subscribers to it I think that if the Party members bought them from out of the Loop stands as well as in the loop the news dealer would see to it that he kept a supply on hand. With the Socalist Daily glaring at them from the stands I look for it to become a humdinger. I wished I could offer some suggestions as to financing the paper so it could be started but I guess that will be some problem, even for the learned Socialists. Yours for Socialism

403

404

JAMES A. FRIBERG. c/o Harbor Point Club House. Harbor Springs, Mich.

Mr. Kruse called at my home once, I don't know who to see, I was not home at the time.

Cross-Examination by Mr. Stedman.

Conrad Friberg is my brother. He introduced me and Mr. Kruse at Fox Lake. I don't know what matters were discussed, I don't remember. I registered and my brother registered. My brother was called but never appeared. I don't know where he is. I saw Kruse about six times. I heard no conversation between Kruse and my brother in regard to registering and entering the service at Fox Lake. Mr. Fleming directed me to come here to testify. I was directed to come here by my officer. He had a letter from Mr. Clyne. He wanted to know what it was about and I told him. Kruse never told me not to register.

SAMUEL LEWENKROHN, called as a witness on behalf of the Government, having been first duly sworn, testified as follows:

Direct Examination by Mr. Fleming.

I live in Racine, Wisconsin for a little over three years. I work for the Western Printing & Lithographing Company. I was in charge of the book de partment and in general charge of the proof reading room for that company in 1917. We did printing for Mr. Adolph Germer, Executive Secretary of the National Socialist Party.

405 The Witness: I recognize this (referring to order bearing date March 14, 1917). I recognize this order. It was filled, delivered and paid for. 1 recognize Mr. Germer's signature on the order. Orders on this signature were filled by us, payments made and shipments delivered.

I recognize these (referring to orders bearing date May 7, 1917; February 7, 1917, and March 14, 1917); they bear the signature of Adolph Germer.

(Thereupon the Government tendered in evidence as Government's Exhibit 29 an order signed by Adolph Germer dated February 7, 1917, to the Western Printing Company, Racine, Wisconsin, No. 5064, for 500,000 copies of the March Organization Leaflet.

(Objection by defendants upon the ground that the same is too remote, and that it is long before we even declared war and that there is no connection shown with any of the defendant excepting Germer.)

(Objection overruled; to which ruling by the court the defendants were al lowed an exception).

(Document was thereupon admitted in evidence, marked Government's Exhibit 29, and the same is in words and figures as follows, to wit:)

Please deliver and charge to our account the following: 500,000 March Organization Leaflets

ADOLPH GERMER
Executive Secretary.

Please notify us if above cannot be filled as ordered, attention M-R
Our Order Number must appear on bill.

407

(Thereupon the Government tendered in evidence Exhibit 30, the order signed Adolph Germer bearing date March 14, 1917.)

(Said document was thereupon by the court admitted in evidence, marked Government's Exhibit 30, and the same is in words and figures as follows, to wit:)

Please deliver and charge to our account the following:

500 Anti-War Pictures

ADOLPH GERMER

Please notify us if the above cannot be filled as ordered, attention of
Our order number must appear on bill.

09

(Thereupon the Government tendered in evidence Exhibit 31, being the order signed by Adolph Germer bearing date of May 7 1917.

To which the defendants interposed an objection which was overruled by he court to which an exception was allowed.

(Said document was thereupon by the court admitted in evidence, marked Government's Exhibit 31, and the same is in words and figures as follows, o wit:)

Please deliver and charge to our account the following:

300 War Pictures

Print line below as follows,
"Thou shalt not kill",

10M Envelopes, like enclosed.

Received,
May -8
Answered

Date May 7, 1917.

ADOLPH GERMER

Executive Secretary.

Please notify us if above cannot be filled as ordered, attention of M. R. Our Order Number must appear on bill.

413

The Witness: (Continuing) We

printed Government's Exhibit 33 (exhibiting document to witness). That is the picture printed as the Anti-War Picture. Deliveries were made in pursuance to those orders. The pamphlet "Down with War" which you show me is the March Leaflet which we printed upon the order marked Exhibit No. 29.

(Whereupon Government's Exhibits 32 and 33 were tendered in evidence, "Down With War" and war picture.)

To which offer by the Government the defendants made an objection because said document is immaterial, incompetent and remote which objection was overruled, to which ruling by the court the defendants were severally allowed an exception.

(Said Exhibits were thereupon received in evidence by the Court, marked Government's Exhibits 32 and 33, and the same are in words and figures as follows, to wit:)

411

GOVT EX 32

Down with War!

The workers of the United States have no desire

and no reason to shed their blood.

By a mere executive decree, the President of our country has broken off diplomatic relations with the German empire, and placed the people of the United States in imminent danger of being actively drawn into the mad war of Europe.

During the last thirty months, the blackest months in the annals of human history, six million innocent men have been brutally killed, and many more millions have been crippled and maimed for life. Whole countries have been devastated and the accumulated treasures of human industry and nature's generosity have been ruthlessly destroyed.

Europe is a dread house of mourning in which the disconsolate sobs of the widows and orphans at home mingle with the agonized groans of the wounded and dying on the battlefield.