136

We shall undoubtedly shift our borders down to the Panama Canal Already the capitalist press is unanimous in its verdict that the Mexicans are not fit for self-government. Some papers even now demand that Mexico be annexed. But we also need Canada's raw material. There fore, after Mexico is annexed, we will find that Canada belongs to us by common language, common tradition and especially by common economic interests." And after all our ruling class must have the standing army in order to hold down the "inner enemy "-the seditious, traitorous and rebellious working class at home. The war gives us an excellent chance to get that army. Sixth. Last but not least-the immense economic and industrial development of Germany demands war. That nation aspired to extend its sphere from Hamburg to the Persian Gulf-an ambition which President Wilson has described so well in his flag day speech in Washington. This seems to threaten the trade of other countries including that of our American capitalist class, according to Wilson's flag day speech. Germany's commercial success evidently requires that Germany be extinguished. The Allies were not able to do it, therefore Uncle Sam will undertake the job.

Anybody can see that the German submarines have nothing to do with the case.

Nor has Belgium.

The submarines and Belgium are results, not causes.

Nor need we be afraid of a German army landing in our country. The pos sibility of the kaiser landing an army in America to conquer us is as great as the probability that the inhabitants of the planet Mars will swoop down upon the city of Washington and capture our treasury department. The Allies absolutely control the seas. Yet it will take about a year before we can send an army over to Europe. The Germans-efficient as they are were never able to land even a regiment in England-which is across the channel from Belgium.

137

As for democracy? We can not force any special form of government upon Germany any more than we could have forced it upon Russia. The German people will have to do that for themselves.

And does our government really desire that? Our ruling class very much prefers the Grand Duke Nicholas Nikolaievitch to the little Socialist Nicholai Lennin as ruler of Russia.

Lennin believes that the revolution in Russia should be repeated in Germany, Italy, France, England and in the United States.

Our administration in Washington is slowly beginning to understand that the only republic possible in Germany today, would be a Socialist republic.

A Socialist republic in Germany will have an entirely different degree of efficiency than the Russian republic has now. It might require so much more effort of Morgan and his allies to fight Socialist Germany than to fight the kaiser's Germany.

Moreover, if Germany is left alone for six months, there will be no kaiser and no Yunker class left there. And a few other things are liable to happen that the capitalists of the world may not like.

But what's the use? We are in the war-for a dozen reasons or for no reason. Now let's get out of it with real honor and as soon as possible-for the sake of democracy at home.

20. Said Victor L. Berger, on July 13, 1917, at Milwaukee, Wisconsin, caused to be printed in said newspaper called The Milwaukee Leader, on the sixth page of the issue of said newspaper of that date, an article of the following tenor, to wit:

Another speaker at the meeting of the Alienists and Neurologists of America pointed out the fact that for the first time in history an army has been forced to provide a field insane asylum.

He says: "In the present war the number not infrequently reaches 40 to the 1,000 men. Think of it! An army of 1,000,000 men might have 40,000 insanemore than are housed today in all the state hospitals of Illinois, Ohio and Indiana."

This fact has from time to time been touched upon by writers at the front. It is said that in France there are certain closed cars which are used for the purpose of transporting the insane away from the front, and that there are sometimes long trains made up exclusively of them.

Capitalism, even in time of peace, is gradually driving the people insane. Year by year, the numbers increase. They have become appalling.

And now the supreme horror of capitalism-war-multiplies these numbers many fold.

There is no way to characterize the horror of it.

The word "appalling" is feeble in this connection.

And yet, all effort to end the horror is called treasonable.

In our judgment, those who want to end the horror are the real genuine atriots.

21. Said Victor L. Berger, on August 2, 1917, at Milwaukee, Wisconsin, aused to be printed in said newspaper called The Milwaukee Leader, on the ixth page of the issue of said newspaper of that date, an article of the folowing tenor, to wit:

In the newspapers that are boosting the war there is a very frequent reiteraion of the assertion that it is an honor to be drafted.

Just why is this so often repeated? One would be led by this repetition to elieve that there must be some doubt about it. "He doth protest too much." Among the young men between 21 and 31 there seems to be a different view of he subject. They do not ask each other, "Have you had the honor to be rafted?"

On the contrary, the question they ask is, "Did you escape?” Or, “Were you caught?" These and questions of similar tenor are the ones you can hear f you mingle with the young men.

22. Said Victor L. Berger, on August 6, 1917, at Milwaukee, Wisconsin, aused to be printed in said newspaper called The Milwaukee Leader, on the ighth page of the issue of said newspaper of that date, an article of the tenor ollowing, to wit:

A Big Business War.

To have it impressed upon one's mind that the war is a war of the big busiess of one group of nations against the big business of anther group of nations, ach using the workers to do the fighting and the dying, it is only necessary > attend meetings of big business men.

We recently had this experience, and we had it rubbed into us good and lenty that it it is a business men's war.

Oh, of course, the big business men do not intend to do the fighting.

Not on your life.

40

In fact, one of the speakers, himself a big business man, in urging to be liberal financially, frankly said, "I don't suppose any of you intend to go to the front-I don't intend to."

It was quite a safe assumption.

They will keep at a safe distance. Some of them will make a few financial acrifices for the time being. Others will make unusually large profits during he war. All of them expect to profit by the war eventually.

To them, patriotism and profits are the same.

We have yet to meet anyone who is enthusiastic over the war except big usiness men, bankers, and their sattelites among the lawyers and others. nd a great many of these are not enthusiastic over it.

It is a business man's war, and the object is profits, not democracy.

23. Said Victor L. Berger, on August 24, 1917, at Milwaukee, Wisconsin, used to be printed in said newspaper called The Milwaukee Leader, on the xth page of the issue of said newspaper of that date, an article of the followg tenor; that is to say:

Censoring God.

The publishers of Bibles are away behind with their orders. The war has eated an unprecedented demand for them, especially for the New Testament. This is good news. We hope the purchasers of these books will read them.

138525-19-VOL 2- -3

They will probably have to do it on the sly, however. For, as you know, the Bible is treasonable nowadays. It says, "Thou shalt not kill." This infamous doctrine has been put over on the human race for a long time. But our latter day commercial and political saints will have none of it. They are a whole lot wiser than God—who is said to have given the command141 ment, "Thou shalt not kill," to Moses. They have amended the commandment by striking out the word "not" so as to make it read, "Thou shalt kill." Before any more Bibles goes to press, we suggest that that word. be gouged out of the plate. Of course, it will leave a blank spot on the page. But that's all the better. It will call the attention of the present and future generations to the fact that our wise commercial and political saints overruled; God and censored His word.

Then, they must remember that the New Testament reaffirms the above mentioned commandment. But that isn't the worst. It also adds a new commandment "that ye love one another." Now isn't that horrid? That will have to be gouged out too.

And, while we are about it, let's gouge out the place where it says "Blessed are the peacemakers for they shall be called the children of God."

There are a number of other anti-bloodshed and anti-hatred expressions that. also call loudly for the chisel. When the censor gets through, it will be a badly' speckled book, but it will be safe and highly moral. All the treasonable utterances made by God and His Son will have been eliminated.

And the war fan preachers will no longer be embarrassed every Sunday when they go to read the scripture lesson.

24. Said William F. Kruse, on August 6, 1917, at Chicago aforesaid, wrote the following letter to the person to whom it was directed, to wit:

Mr. Mannie Deutsch,

412 W. 148th St.,

New York City.

Dear Comrade Deutsch:

142

Aug. 6, 1917.

Thanks for the information regarding the Convention to be held Labor Day. I will get some of it into the American Socialist, and just as soon as you get the order of business be sure to send it to me.

The draft does not hit me immediately since I am down way down on the list, but some of our best young workers are in on it. We have about a dozen lawyers drawing up affidavits and exemption claims, and have arranged to give our members free notaries services. We have a council made up of" socialists of draft age and this is doing all it can to help out our members. | The first letter of information sent out before the draft itself is enclosed herewith.

Regretting that I am not able to be with you on the 1st, and with best wishes for the success of your convention, I remain,

Yours for comradeship,

National Secretary Y. P. S. L.

25. Said William F. Kruse, on December 3, 1917, at Chicago aforesaid, wrote the following letter to the person to whom it was directed, to wit:

Irvin Weber,

646 N. 13th St.,
Reading, Pa.

Dear Comrade Weber:

Dec. 3, 1917.

I have sent the 100 language federation due stamps to Comrade Wolf as per | your request and receipt for your $5.00 will be sent you by our order department.

I can well appreciate that you are very busy with both party and economic i work but still I would think that you or your comrade secretary might drop me a line once in a while. Furthermore, I do not remember receiving many due stamp orders from your state of late. What's the matter with all your leagues, dead?

143

I am sorry to learn that Comrade Stine is at the camp but still I am just a little proud of the fight he is putting up. I do not know where

it will all come out but another Yipsel, Otto Wangerin of St. Paul, Minnesota has been sentenced to fifteen years military prison for taking the same position. Some of us will have to stand the gaff I suppose and we have yet to see what the coming generation will say to the identity of the real heroes of the world war.

I am very glad to note that wife and little one are in good condition and send them both my best wishes. The news that they are healthy and happy is welcome here and I trust that the time will never come when you have to write anything but the same cheerful news. With best wishes to all, I remain

Yours for comradeship,

National Secretary,

YOUNG PEOPLE'S SOCIALIST LEAGUE.

WK/AK

26. Said Irwin St. John Tucker, on June 19, 1917, at Chicago aforesaid, wrote and caused to be printed for circulation said pamphlet entitled Why You Should Fight."

Conclusion.

66

And so the grand jurors aforesaid, upon their oath aforesaid, do say, that said Victor L. Berger, Adolph Germer, J. Louis Engdahl, William F. Kruse and Irwin St. John Tucker, continuously throughout the period of time, at the place, and in manner and form, aforesaid, unlawfully and feloniously have conspired to violate provisions of section three of Title I. of the Act of Congress approved June 15, 1917, entitled An Act To punish acts of interference with the foreign relations, the neutrality, and the foreign com144 merce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes," and have done acts to effect the object of the conspiracy; against the peace and dignity of the United States, and contrary to the form of the statute of the same in such case made and provided.

JOSEPH B. FLEMING,

Assistant United States Attorney;

OLIVER E. PAGAN,

146

Attorney, Department of Justice.

Endorsed:

CHARLES F. CLYNE,

United States Attorney:

No. 6260. In the District Court of the United States for the Northern District of Illinois, Eastern Division. The United States v. Victor L. Berger, et al. Indictment Sec. 4 of "Espionage Act of June 15, 1917." A true bill, Albert F. Conrad, Foreman. Filed in open court this 2nd day of Feby. A. D. 1918. T. C. MacMillan, Clerk. Bail $

147

And afterwards, to wit, on the 23rd day of March, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

Come the parties by their attorneys and on motion leave is given the defendants Germer, Engdahl, Kruse and Tucker to file demurrers and motions to quash by April 13, 1918, and said demurrers and motions are set for hearing on April 13, 1918.

148

And afterwards, to wit, on the 9th day of April, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge of said Court, to wit:

Come the parties by their attorneys and on motion it is Ordered by the Court that the time for the defendants to file motions, demurrers, etc., be extended to April 27, 1918.

149

And afterwards, to wit, on the 2nd day of October, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

Come the parties by their attorneys and on motion it is ordered by the Court that this cause be and hereby is set for hearing on demurrer and plea of former jeopardy on October 15, 1918, before Judge Evans.

150 And afterwards, to wit, on the 17th day of October, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable George A. Carpenter, Judge of said Court, to wit:

Comes the defendant Victor L. Berger, in his own proper person and by attorney and presents his appearance bond to the court for approval, and it appearing that said bond is properly conditioned and that the sureties thereon are ample security for the amount thereof, it is ordered by the court that said bond be and the same hereby is approved. It is further ordered that the bond heretofore executed and filed herein by said defendant be and the same hereby is cancelled, and the sureties released from further liability thereon.

151

And afterwards, to wit, on the 21st day of October, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

Come the parties by their attorneys, and on motion it is ordered by the court that leave be and it hereby is given to file the demurrer, plea and amended plea of the Defendant A. Germer, each without prejudice to the other, and thereupon the court having heard the arguments of counsel on said demurrer, plea and amended plea, and not being sufficiently advised in the premises, takes these matters under advisement.

152

And afterwards, to wit, on the 21st day of October, A. D. 1918, there was filed in the Clerk's Office of said Court, in the above entitled cause, a Demurrer; same being in the words and figures following, to wit:

Now comes the defendants. Victor L. Berger, Adolph Germer, J. Louis Engdahl, William F. Kruse and Irwin St. John Tucker, jointly and severally, by Seymour Stedman, Charles H. Soelke and Swan M. Johnson, their attorneys, and demur to the indictment in the above entitled cause, and for reason thereof say that;

1. The count in said indictment does not charge an offense punishable under the laws of the United States.

2. That it is insufficient in that it fails to particularlize the acts, statements (either orally or in writing), or circumstances constituting a crime cognizable under the laws of the United States.