Page images


('ross-Eramination by Jr. Stedman. The ('lerk at the National Office receives and opens the mail at the presa time. Mrs. Brown received the mail and turned it over to me to be opene when I was last employed. The money received for the delivery of literatt came to me, in the regular course. Mr. Engdahl is the editor of the Ameria Socialist. From an examination of Order No. 7915 for war posters billed the American Socialist it appears the American Socialist used those as ro mium. I don't know anything about the practice of shipping and deliver I made out the invoices before the shipping was made. The shipping Cler would return the Invoices to me after shipment. I do not know how long time intervened between the shipment and the time they were returned to tu

Redirect Eramination by Mr. Fleming.

Mr. Fleming: Q How much time generally intervened between the tim the orders were turned over to the shipping department and they were returne to you?

(Whereupon counsel for defendants objected on the grounds that the sam calls for a conclusion ; objection overruled; exception)

A It varied. I turned them over to the shipping department and receiver them from the shipping department. Sometimes it would be returned the same day and sometimes several days later. There was no custom about 1 There is nothing with reference to invoice 7915 to indicate the time of delivery Referring to the sales to the American Socialist, the custom was for the clerk in the American Socialist department to turn a memorandum over t the order clerk; this was placed in a drawer until the end of the month, wher the invoice would be made out charging this against the department.

Recro88-Examination by Mr. Stedman. There would be a number of invoices brought in at the same time and some times they were lost. In cases of sales to American Socialist, I made ont the

charges at the close of each month, memoranda were turned in at th 720 time the goods were delivered or taken from stock. Referring to orde

No. 7939 for the one war picture received on April 2, 1917, the reason that the invoice follows at so late a date as June 30, 1917, is that there we a batch of those orders that had been received from the translator secretar that had been placed in his desk drawer and lost. In some way or other they had dropped behind the desk and got lost in some way and they were re covered two months later when I made out my charge for them. Said paper! were marked for identification Defendants Exhibits 1-2-3-4

Redirect Examination by Mr. Fleming.

I know of my own knowledge that that is a correct copy of that order (te ferring to order of April 2, 1917). I have an independent recollection of that particular order. There were other orders lost to the foreign secretary and they were entered up by me on June 30 and I now have reference to the order for the shipment of one war picture, and do not refer to the delivery of 161 of them.

Recro88-Examination by Mr. Stedman. I do not know when the 161 were delivered (meaning the 161 war posters). MARK SHERIDAN called as a witness on behalf of the Government testified as follows:

Direct Examination by Mr. Clyne.

721 I am assistant meter foreman for the City of Chicago. And have been

thus employed for over nine years. I saw Mr. Kruse, Mr. Engdahl and Mr. Tucker at Wicker Park Hall at a meeting on the night of December 21st 1917. Wicker Park Hall is on the north side, on North Avenue, half a bloch west of the crossing of Robey, Milwaukee and North Avenue. There were about 700 present. The ball was crowded, Mr. Engdahl introduced the speakers. Kruse, the defendant, was the first speaker. He said that be was glad to see the I. W, W. so well represented there that evening, and told them

ey were welcome, they were glad to have them there. He extended his setings to the secret service men who were present but they were not welne. He proposed to read some clippings from newspapers. Most of the ppings concern the success of the Bolshevik movement in Russia, so he said. (Objection by counsel for defendants as incompetent, irrelevant, immaterial d not proper cross examination; overruled; Exception.) ralked from eight to ten minutes. Mr. Tucker said that the DePont Powder mpany had bought $50,000,000. of bonds of the second Liberty loan; he said at meant that the children of the working men and their children's children vuld be paying millions of dollars interest on that loan for years to come

that this country's entrance into the war was caused by the capitalist classes of this country who got us into the war, the same as the Euro

pean countries, and the working men had nothing to do with the war, | they had to do was to bear the brunt and also pay the bills. He said that at the pacifists had stood for in May, 1917, President Wilson had adopted r his slogan in December, 1917, without giving the pacifists credit for it, but stead of that, gave them a kick in the face. He said he expected to be rested before he left the meeting.

Cross-Examination by Mr. Stedman. I arrived at the meeting at 8 o'clock and remained throughout the entire eeting. I remember every one that talked. I made a verbal report and no ritten report. I was requested by Mr. Schroth of the American Protective ague to attend that meeting. Tucker made no reference to the indictment at I remember. I joined the American Protective League October, 1917. Mr. hroth went with me. Mr. O'Toole, Manager of the Murphy Chair Company so accompanied us. I called at Mr. Clyne's office to discuss what had been id there. I gave Mr. Schroth my signed statement as to what was said. I w that statement two weeks ago at 112 W. Adams St., the American Proctive League headquarters. Schroth wanted to have me identify my stateent.

Redirect Examination by Mr. Clyne.

The American Protective League is an organization of American citizens who e sworn to uphold the Constitution of the United States and to defend the nited States against its enemies inside or out.

Recross-Eramination by Mr. Stedman.

I know one of the amendments to the Constitution of the United States is ving the right of suffrage to all classes, to all races, I don't recall any other, id that is the document which as an American citizen I swore to uphold. ne of the provisions of the bill of rights is that Congress has a right to deare war, and to levy taxes—it enumerates the rights of Congress, I thinks the ording is, duties, imposts and excises. I read the Constitution 2.5 years ago. don't know who organized the American Protective League or who its officers e in Chicago. I have never read the Constitution or Declaration of Prinples of the American Protective League. I don't know as it has any. Our eeting were not public, they are private, and they are secret. Our organizaon works in cooperation with the Government. The American Protective pague is not created by any law of Congress, nor of the State of Illinois, or

any State in the union. It is a voluntary society. We have no tribunals, we pass no judgment on individuals. We get orders from some

body and obey them. I don't know who he cooperates with. I do not 20w who determines his judgment or the committees. RED C. HILL, called as a witness on behalf of the Government, testified as follows:

Direct Eramination by 17. Fleming. I attended a meeting at Wicker Park Hall on December 1917, at Chicago. lefendants Tucker and Kruse were present. I arrived at about 8:10 A. M. here were about 700 present. The audience ranged from children to men of 9 and 60 years old; there were quite a number of young men there. The veeting opened at 8:40 Kruse was the first speaker. He said in substance that he was the treasurer of the Young Peoples Socialist League. He said ) would read clippings from various newspapers inasmuch as he had been bride by Government officials he could not say what he would like to say. The di pings related to the success of the Russian Bolsheviki. In reference to the I. W. W. he said he was glad to see such a large turnout of I. W. Wo's. He als noticed a lot of men with badges on their vests who were not welcome bu they came anyway. I received some cards and dodgers there. I have some

those cards with me. (Witness producing documents). 725 Whereupon the Government tendered in evidence document tendera

by witness. Objection by counsel for defendants.

Cross-Examination by Mr. Stedman. There is a large entrance into that hall. You go up two flights of stairs to get into that hall. The people were distributing literature in the hall and als the way down the stairway. They were distributing cards inside the hallway and outside. The cards I got were distributed inside, I got them before I left the hall.

(Whereupon the Government tendered in evidence cards identified by the witness.) (Objection by counsel for defendants as incompetent. Objection overruled:

exception.) 726 · Thereupon said red card was offered and received in evidence as

Government's Exhibit 124, over objection by Defendants' counsel and exception, and the same is in words and figures as follows, to wit:)

(This exhibit was subsequently excluded see page 2561 of the record.)
Wording on cards was substantially as follows:

The Best Time You Will Ever Have!
Entertainment And Ball

Given by the
A. W. I. U. No. 400 Of The I. W. W.

On Christmas Eve., Dec. 24th
For The General Defense, at the

West Side Auditorium.
Corner Taylor Street and Racine Avenue.

Good Music
Admission 50 Cents

Good Refreshments

I. W. W. * Featuring The Famous Jungle Play!

727 Mr. Clyne; Q. I show the witness a yellow card, and ask him if that

was the card that he received at that meeting that night? The Witness: Yes, sir. Mr. Clyne: I offer in evidence this document as Government Exhibit 125.

Mr. Cunnea : That is objected to; I cannot possibly see the connection be tween bills passed out at a meeting and the defendants' there is no claim made that it was passed out with the connivance or that it was under the control of these defendants or any of them. It is irrelevant and immaterial.

The Court: The objection is overruled.
Mr. Fleming: One of the defendants was there presiding at that meeting.

Mr. Cunnea : The defendant did not pass out the bill I think it raises a very unfair impression, to have these bills submitted here as being competent to this jury under this issue.

The Court: The objection is overruled.

(To which ruling of the court the defendants, and each of them, by their counsel then and there duly excepted.)

The Court: How was it handed to you in the hall, by whom?

The Witness: The man who handed me the red card (introduced in evidence) I remember distinctly had an I. W. W. badge on his coat. He was passing thes to everybody as they went out.

(Whereupon the Government offered in evidence said card referred to a Exhibit 125.)

(Objection by defendants counsel as incompetent, irrelevant and immaterial: objection overruled; exception.)

(Thereupon said document was admitted in evidence.)
This exhibit was subsequently excluded see page 2561 of the record.

3 The Witness: Mr. Tucker said at that meeting that the Dupont Powder

Mills had subscribed for $50,000,000 of the liberty loan, and that the work3 people would have to bear the burden of the interest, which would be milns and would have to be paid by them and their children, and their childrens ildren ; that this was a war of the ruling classes in this country same as in ircpe, and that what the pacifists took as their stand in May, 1917, President ilson in addressing Congress in December used their platform and did not reihem credit for it, but only kicked them in the face, told them to be patient.

Cross-Examination by Mr. Stedman. I am engineer for Francis & Nygard Foundry Company and am a member of e American Protective League. I am acquainted with Mr. Sheridan (who stifieri in this case). I made a signed statement to Mr. Allen. There were yout 700 present. I left the hall with Bronson, Michaelson and Allen. Allen as Capain in the American Protective League. I held the office of operative. y duties are what the captain directs me. I attended all of their meetings.

We have an executive committee. I don't know whether we have a presi9 dent and secretary. No one gave me orders or requested me to go to the

meeting. Mr. Schroth suggested that it might be nice for me to go; that as the night before the meeting I sat in the 4th row from the stage. The card at has some little yellow color on it that was given me after I got outside. his card (Exhibit 124) was handed me 8 or 10 feet inside the door. Mr. Clyne Ulked to me Sunday evening and a week ago yesterday. Mr. allen (the captin ) was present and Mr. Sheridan. All were present at the time Mr. Clyne iterviewed me. At that meeting Mr. Sheridan stated in my presence what he pard the speakers say. I can not tell the contents of a single clipping rePrred to by Kruse. I think it is seditious to speak of the Russian situation and he remarks I have quoted as the defendants (I have in mind as being seditious). 'he object of the American Protective League are to uphold the Constitution of he United States and protect it from its enemies and any unloyal citizens who o not keep within the law. It is an auxiliary to the Department of Justice. I o not know if it exists by virtue of any Congressional Act or State law. My redentials read that the American Protective League is a part of the Departbent of Justice. (Witness producing card with credentials of witness). (Whereupon said card was marked, offered received and read in evidence on

behalf of said defendants, as follows: "American Protective League, Organized with the approval and operating under the direction of the

United States Department Bureau of Investigation. November 16, 1917. No. 3196. To Whom It May Concern: This is to certify that the bearer whose ignature appears on the margin hereof, is a regularly appointed member of he American Protective League with the rank of operator. (Signed Charles Daniel Frey. Chief of Chicago Division. A. M. Briggs, General Superinendent. (On the margin) Fred C. Hill.")

My superior officer has handed me several lists of persons to investigate. We do not elect persons to office. The only thing we know of is to receive orders and obey them, it is a voluntary organization. Their office is at 120 West Adams. I have never read the Constitution of the United States. I can not name a single provision in the Bill of Rights. I was sworn to uphold he Constitution and enforce it, against seditious Americans. I have gone to the homes of people and have arrested persons doing so by the authority of an American citizen without a warrant. COLLETTA V. HOGAN, called as a witness on behalf of the Government, testified as follows:


Direct Examination by Mr. Fleming.

731 I am a bill clerk for Robert W. Hunt Company and was employed dur

ing 1917, by Mr. Germer, at the National office of the Socialist Party from June 5, 1917, to June 6, 1918. I wrote up orders for the Literature Department, for pamphlets and leaflets entitled "The Price We Pay,” the practice of writing up those orders was after the mail had been opened up in the morning I turned it over to the young lady in the office with me, Mrs. Ray and she assigned it to different departments and turned over the orders to me. I wrote them on a typewriter, making three copies, one went to the man who sent the letter, the second went to Mr. Sherman (the shipping Clerk) and

the third one was put in our office files. The copy that went to Mr. Shermae would be filed by him then he would bring it back to my desk. Mr. Sherman would put his 0. K. on it, check it up and put the date it was shipped on the copy of the order.

(Whereupon the attention of the witness was called to document purporting to be invoice 7804 witness identifying the instrument testified): That was made by myself C. V. H. and calls for shipment-June 14, 1917 to W. D. Dillon,

Las Vegas, New Mexico. The order was entered June 13th, 1917, the 732 shipment made June 14th. Witness reading from document as follows'

400 circular letters, and 400 “ The Price We Pay," and 100 due stamps and 100 application cards.

Cross-Examination by Mr. Stedman.

Referring to Invoice 7804 in reference to the Dillon letter all I know about it is that the letter came into the office and that Mrs. Ray or Mrs. Brows handed it to me. Mrs. Ray and myself usually opened the mail, which was distributed to the various ones that had work to do. I wrote the letter on & machine, making the stencil copy for the purpose of mimeographing. I did not mimeograph. I gave the order to Mr. Sherman and his check mark and date June 14 is on it. I know nothing about the actual letters.

Redirect Examination by Jr. Fleming.

I sometimes consulted Mr. Germer about sending out literature I know Victor L. Berger. I saw him at the office at times from June 1917, to June 6th, 1918. I saw him say once a week for that part of June, and after that period on an average of about once every two or three weeks in the national Office: he called to see Mr. Germer. I recognized Mr. Germer's signature (witness is shown a letter Government's Exhibit 126 signed by Adolph Germer to Wilfred R. Gaylord under date of April 27, 1917, and identifies the signature as Mr. Germer's, which letter was offered and received in evidence. (Objection by counsel for defendants as incompetent, irrelevant and - imma

terial; objection overruled; exception.) 733 (Said document was thereupon admitted in evidence, marked Govern

ment's Exhibit 126 and the same is in words and figures as follows. to wit:)

To the admission of this exhibit the defendants jointly and severalls interposed an objection upon the ground that said exhibit is incompetent, immaterial, irrelevant; objection was overruled to which ruling of the court the defendants were severally allowed an exception.


Socialist Party

National Office
Executive Secretary Adolph Germer
803 West Madison Street

Chicago, m., Apr. 27, 1917. Winfield R. Gaylord, 71-73 Cawker Bldg.,

Milwaukee, Wisconsin. My dear Gaylord:

Your favor of the 26th inst, has just been received and I note with interest what you say. As per your request, I am today sending a copy of your letter to every member of the National Executive Committee.

It is perhaps my misfortune not to have been born in the United States, or perhaps yours to have been born here. That, however, should have little or no bearing on considering a fact.

Let me call your attention to the fact that it was agreed at the Convention (Goebel speaking for your side) and no one objecting to it, that we should immediately proceed to distribute the resolution on Militarism and War. It

was understood that if the minority report is finally adopted by refer735 endum, that it would be the official declaration of the party. Perhaps

you were not in the hall when this understanding was arrived at, but I am quite sure the record will show it.

You call it treasonable matter. Treasonable to whom? Surely it cannot be treasonable to the people of America to keep them from being shot by

« PreviousContinue »