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ested in Two Harbor, Minn, warrants sworn out for 500 in St. Louis County
H. M. HARTER,
St. Paul, Minn.
161 (Referring to Government's Exhibit 158 witness testified: The initials
“Eng.” is put on letters and referred to me so they will find their way to uy desk in the usual procedure. Several letters have been sent to other deartments when my initials have appeared on them. The usual practice is to adorse Eng. if it goes to me. Thereupon counsel for the Government read said etter to the jury.
The Witness: I am responsible for the printing of the cartoon. I saw the artoon entitled “Her Boy” before its insertion in the issue of May 6, 1917, nd I read the caption just above that cartoon in the issue of May 26, 1917. nd the witness was requested to read and read as follows: The overhelming majority of the American people stand for immediate peace. They
are opposed to the raising of a single dollar or the sending of a single 163 man to gain new colonies for the British Monarchy. I am likewise re
sponsible for the incorporation of this cartoon in the issue of June 30th ppearing on page 4. Thereupon counsel for the Government read the excerpt from the letter or
paper headed “Note." 162 “In no way can the spirit of an organization better express itself
than by letters that circulate among its members. Newspaper articles re generally written with a clearly definite opinion of the effect they are to roduce, not so much with correspondence. We therefore publish two letters, vhich differ widely, that both express the spirit of the Yipsels.
* Read Comrade: The movement still grows. I have been confined here for en days for failure to register. I have written four applications for the party ind have converted every inmate of the cell to Socialist before they were here ix hours. Here all extremes meet. While eight or ten are confined here on reasonable charges one inmate is a member of Company F, 2nd Battalion, st Minnesota Artillery, sworn into the federal service, charged with breaking varole by joining the regular army. He was sentenced to the St. Cloud Reormatory for a period of three years because he joined the army. Do the nasters really know what they want?'”
Redirect Examination by Mr. Stedman.
Mr. Stedman: Q You were asked by Mr. Clyne for some authority on "red" resterday? I call your attention to the first line of the Oriental Consistory Bulletin of the Masonic Order, the Ancient Order of Free and accepted Masons, inder date of November 18, 1918. Witness reading as follows: “Questions ibout red. Why have peoples in rebellion against the pretension of Kings, Emperors, Czars, Kaisers, Priests, Prelates, Popes and Monarchy of Dynasties ind Ecclesiastical Hierarchies, almost always adopted the red flag as their symbolic flag at the time of the Rebellion. Why did our fathers fly the red lag at Concord, Lexington and Bunker Hill? And why did John Hancock prejent red flag to General Israel Putnam after the Battle of Bunker Hill? Why lo all peoples (Referring to “extracts from Treble's history of the United States flag, by Eva March Tappin page 30 book issued by Houghton, Mifflin & 'o., Boston, article continues: “Why do all peoples abandon the red flag after
successful revolution and adopt other flags when they set up Govern164 ments; why do the peoples of the American colonies abandon the red flag
and adopt the stars and stripes before they had succeeded in overthrowng the autocratic rule of the King of Great Britain? How shall we account for the predominance of red in the flags of free people? How explain the inlusion of red in the flag of almost every people where successful revolution igąinst Autocratic Government has been achieved. What explains the red in che flags of the peoples of Russia, Austria Hungary and Germany, and the flags
of the ruling dynasties of these nations are yellow with black emblems, oni the slightest trace of red being observed. Why is the red flag painted in autocrats?
Thereupon the witness was referred to a book entitled “The Ancient Lowis" page 492 by C. Osborn Ward.
Witness read as follows: “Hitherto we find the red banner to have alm uniformly predominated in the domain of peace. So it was used and so reered in the early colonies of the United States. The early flag, true to the traditions of the past was of a blazing red in Massachusetts and other Sex England States--in New York and probably in every one of the original thir teen states. It is now known to have usurped Rome-like even the war fune tion, for we find it floating over the immortal Washington at the outbreak
the Revolution. Just before this in 1774, it was all over a flaming red 1165 peace flag. At the time the war broke out, the popular ensign resemble
a beautiful red union Jack, a peace banner, and thus men of peace an found suddenly fighting under a red banner and amid the atrocities of war fare. It was the flag of Lexington, of Putnam at Bunker Hill, of Ticonderog. and in its center shown the Patriotic motto “ Liberty and Union ” red in the flag was, however abandoned on account, if we conjecture aright of the flame red military attire of the enemy. A glance at the current newspapers tells the story. That those men were struggling for the right of free labor like the men of old; and now we behold the same spirit in the noble fellows in Ens land, bravely breasting against the same opposition.” The authority cited in “See American Encyclopedia, Vol. 7, pages 250–251.” In the beginning of the Revolution a variety of flags was displayed in the revolting colonies. The union flags mentioned so frequently in the newspapers of 1774 were the ordinary English red ensigns, bearing the union Jack. The flag displayed by Putnam on Prospect Hill on July 18 (Battle of Bunker Hill), was red.
Witness testifying: In addition to the speeches published in opposite te the draft I published speeches of the following, Sherwood, Vardaman, Groans. Johnson. Most of the speeches I published made by these men were extracts
on the subject of profiteering. Berger's “Broadsides" published abom 1166 1912 or '13, as I remember it in reference to that portion of the St. Louis
Platform which refers to “ The War in which we are to be drawn in con menting upon the disagreeable features of the war. The Socialist Party for half a century has been opposed to war and our propaganda on that snbjer previous to this war had been against all wars; and I did not see where any thing that I put into the paper expressing probably a minority opinion which I thought perfectly legitimate and which I felt was not opposing registratico or volunteering, as I stated that fact did not enter into my mind. In other words, anything that went into the paper was merely a continuance as I thought, a legitimate continuance of the Socialist propaganda on the war that had been continued for years previous to the opening or the starting of this
There was no censorship established, to point out what we could not print and so long as there was no censorship established I went ahead and adopted the policy which I deemed to be entirely legitimate. The first time I knes of the indictment was Saturday afternoon, March 9, 1918. Referring to the German Socialists—Sheidmann belonged to that group of Socialists which were supporting the war in Germany. Our paper at no time supported the Shrid
mann group. I published repeated articles denouncing that faction of the 1167 German Socialist Party. The Liebknecht group was in opposition to the
war. I published everything about him that I could get, all of his speeches that is, articles to encourage the overthrow of the Kaiser and support Liebknecht against the militarists in Germany and the war. There was article appearing at any time supporting, or suggesting the success of Ger many. Referring to a republication of edition June 9th, we received an ad ditional order for the same issue. We used the same plates to run off g fet more copies of the same issue. That was done by the circulation department of the paper, not by me. In other words, when there was a demand for papers more than I had the orders came into the office, but was not called to my atte tion and I had nothing to do with it. It was taken care of hy the circulatie department and it did not come to my attention. I had nothing to do about filling the orders or reissuing requisitions or ordering additional paper printed Referring to the article in July 2nd Milwaukee Leader similar to article wbie appeared in the Hoover letter. I had nothing to do with that. The Leader runs several pages, and they have contributions all through the paper. Mr. Stolt
was a Russian Socialist in Chicago connected with the Russian printire 1168 plant here in the City. Mr. Brumbaugh wrote articles pro-war, he took
osition-a pro-war position in the State Convention of the Yebraska alist Party. He is the same Brumbaugh who wrote the article en1 “ The hand that holds a gun shall never hold mine”. I wrote the ediI entitled “Killing of free speech. Meetings were being suppressed even re the war started and freedom of speech was interfered with. I attended ings of the Peoples Council on Democracy and Terms of Peace whose obwas to secure a statement from the administration of the terms of peace the war aims of the Government. About six months after these meetthe 14 points came out (meaning the President's 14 points) on terms race. Many of the meetings of this organization were interrupted and supsed. Its National Convention I think was suppressed. They tried to ene the presidential position and they were suppressed for trying to do it. 1 reference when addressed by Dillon of New Mexico in the National Con- . ion the only time that I met him was at the St. Louis Convention. I have r had any correspondence with him. I never made a practice of filling our r with horror pictures. The paper has other objects than the question of
I published war pictures before the war started. I did not make a practice of that. The object was to carry on a campaign to educate the people on the general subject of socialism and to advocate the various
principles set forth in the Socialist Party, the general program of the Sost Party, the nationalization of industries, state ownership and municipal ership. Referring again to page 480 of "The Ancient Lowly" the witness read ollows: While it is easy to show that in later times, when Rome was bling into the great slaveholding policy which brought degeneracy and h, she entratingly filched the the beautiful color, meaning red, and after aking it with old aristocratic gray and adulterating it with blue or white zure, she gave it to her Lords and ladies--its makers, with her aged secret, gave to the wild beasts of the gladiatorial game, to be butchered for a an holiday.” 'ith reference to “The Price We Pay" my interpretation and explanation of document is that it is not calculated to interfere with the legal processes of Government, but as a reproach to the people of the nation that had tolerated ystem, that would inevitably lead toward war-a system that the Socialists pointed out for generations would inevitably lead toward this struggle, and i reproach to a civilization that had tolerated such a system, when it had been ated out to it for half a century that that was the ultimate goal that would lly be reached if such a system of society were not changed or if it were not abolished.
Referring to the bond issue (meaning Liberty Bond ads and editorials) my explanation is; that I published no articles in favor of the issuing of rty bonds. It was a vital principle with me, and I felt that the paper, as h, had a right to discuss now how the war should be financed. I do not renber—the paper did not contain any direct attacks on the question, on the ? of Liberty Bonds. I felt that we had a right to agitate, and to carry icles showing that the war should be financed through taxation; that we | a right to show that the nation if it would conscript industry meaning to e over control of the industries of the nation just as it had taken over the nhood of the nation for the purpose of carrying on the war; that the national ernment, the administration in power, had an equal right to take over the ustries of the nation and operate them for carrying on of the war just as y took over the manhood of the nation for the purpose of carrying on the r; and if the Government had taken over the industries and operated them for
purpose of carrying on the war, it would not have been necessary to issue Liberty Bond loan on any very large scale. Any additional money that
might have been needed could easily have been raised by taxation so that 1 the money burden of the present war would be shouldered upon the
people today, and would not be shouldered upon the generations yet un'n, who had nothing to do with the bringing on of this war. In reference to question of profiteering I carried on what I felt was a consistent campaign linst profiteering especially in the munition industries. I quoted extensively m the debates in Congress on the question of profiteering. I took long ex'pts from the Congressional Record and discussed the excess profit tax also. regard to the latter I especially dwelt on the fact that in other countries, secially in Great Britain, the excess profit tax was very high, eighty percent, lereas in this country it was not that high by any means and there were memrs of Congress who were struggling to put on excess profit tax on the war lustries in this country, on the same level as those in England and I helped
that campaign as much as I could with the paper I had. By excess profits ! mean that there were peace profits, and there were war profits. The war profit were in excess of the peace profits, the principle being that the Government had the right to tax the excess war profits that were being made by the war inde tries. There was a discussion between the subject of taxing the excessive profis
of war industry, and on the other industries, some were in favor of merely 1172 taxing the excess profit of the war industry. The term proletariat ar
bourgeoisie are used in some of the resolutions. A proletarian is a mai who works for wages and the proletarian class is another expression for the working class, men who work, that is, manual and brain worker, anyone who works for wages, as distinguished from a man who lives off the work of others. 1 do not distinguish between wages and salary. In reference to the red guard that term seems to be a popular name for the army organized by the Russian Soviet Government. The Soviet Government is a name given to the national Govero ment of Russia composed of local soviets like the municipal government Chicago instead of calling it Chicago Municipal Government it would be called Chicago Soviet. There are local councils and a natioanl council. By the word Bolshevik it meant the Socialist Democraic Party of Russia meaning majority. The Socialist Democratic party is divided into two factions the Bolshevikr and the Mensheviki. Bolshevik means majority, Menshevik means minority, The all-Soviets is the national council, the national Government of Russia, made up of delegates from the locals. At the meeting on the northwest side to cele brate International May Day, a red banner was present with an Russian inscription on it. There was nothing happened at that meeting that was hostile
to the American flag. 1173 In reference to my testimony about the hideousness of war and its
effect upon the confidence, etc. of the people in explanation is that I did not think that anything that we might say could make the war any more hideous in the minds of the people. The war had continued for nearly folie years; millions of men had been destroyed. The white civilization of the world was in the balance. In fact, Count Okuma, I think it was, of Japan, Premier of Japan stated that the white civilization of the world was gradually becoming wiped out, and would be wiped out if the war continued much longer, and he saw the rise of the Oriental races of the world as a result. Any stata ment that the Socialist Party might make, in my estimation, could not change that condition. And I felt that the situation called for an even greater effort to end the war as soon as possible. By the following "In all modern history there has been no war more unjustifiable, than the war in which we are about to engage. No greater dishonor has ever been forced upon a people, than that which the capitalist class is forcing upon this nation against its will," I meant: that the Socialists have been predicting this conflict for half a century pointing
out that it was the inevitable result of the social system of the rich 1174 today; they had pointed out for years, that unless that system was
changed, the war would inevitably result and I read from the Proclamatica of our Party at its Peace Congress at Basle in 1912, where they drafted in concrete form the international situation, and called upon the workers in all the countries, two years even before the war started to do all they could to prevent the impending conflict. In my paper I called attention to the reason for the war. I published articles in our paper against hills introduced which we termed reactionary, because in this war as in all other wars the reactionary element in society uses every effort that they can to impose their desires and wishes upon the people by lengthening of the work day of the workers, attaci ing the decision of the United States Supreme Court holding the child labur law to be unconstitutional. In the industries employers used the fact that men are being called off to war, and introducing woman labor by bringinc women into the labor market and offering them wages lower than the men had received, by claiming that they can not carry on their industries unless than had such woman labor, thereby breaking down all the barriers that have been previously raised to maintain working conditions in the shops, factories and the mines of the nation. Bills of this kind were introduced.
Recross Examination by Jr. Fleming. The men whose speeches I published on the subject of the draft law, som 1175 of them were opposed to the draft law. I do not know as to all of them
Mr. Mason's speech (Senator) was the only one I gave much space fa I have printed Senator Hardwick's, of Georgia, talk against the Conscriptive aw. He opposed violently the enactment of the Child Labor Law. I do not emember that the paper carried an attack upon liberty bonds. In the July ssue “ Buy a Liberty Bond. Get a Real One, Not the Bankers Kind. The londs the Banks are offering you are slavery bonds that bind you to the hariot wheel of Morgan forever.” I do not think that (referring to the uotation) is a direct attack upon liberty bonds. It might be helpful for the ale of our leaflets and I wanted to sell those leaflets or at least the Literature Department did. I was not censoring their ads and they were printed in the la per. The Government of Russia was not set up by the Imperial Government nd financed by the Imperial German Bank. No one has ever shown that the lussian Government was ever financed by the Kaiser or German Government.
With reference to Brumbaugh I said he took the position in the Convention f Nebraska Socialist Party as being pro-war. That was last spring or sumner some time. I think Brumbaugh wrote me he wanted to come to Chicago
to work on the paper before 1917. I would estimate that our subscription 176 in the State of Minnesota is about 2000. I was not in very close touch
with a number of subscribers we have in the different localities. Anna Maly was a member of the National Executive Committee and has veen referred to here as the Secretary of Mr. Van Lear, Mayor of Minneapolis, dinnesota. I don't remember the date when diplomatic relations between the Inited States Government and the Imperial Government was severed, it was ome time previous to the declaration of war, I think in the early part of l'ebruary, 1917.
JOHN M. WORK, called as a witness on behalf of the defendants, testified as follows:
Direct Examination by Mr. Cochems.
I reside in Chicago and am working on the Milwaukee Leader, Milwaukee, Visconsin. My duties are to write editorials and select the matter for all he editorial page with the exception of a little space taken by the cartoon ach day I was born in Iowa. I think about one-eighth of my ancestral blood is German. I have a direct ancestor who was a captain of infantry under
George Washington. I have been with the Milwaukee Leader since may 177 21, 1917. I have written ten articles for about 15 years. I wrote weekly
articles for the American Socialist and occasional articles for other vapers before I went on the Milwaukee Leader. I was also engaged as an instructor and a correspondent for the La Salle Extension University in Chicago, eaching law. I have been a Socialist about 22 years. I went to Milwaukee ibout May 21st. From that time until along about April or May, 1918, I judge I vrote about two-thirds, possibly three fourths of them. Since last spring I lave written nearly all of them. Victor L. Berger wrote most of the rest of them. Mr. Berger was editor in chief having general charge of the paper. le is a member of the Board of Directors and in that position comes in contact vith the finances. All of the editorials which appeared in the Leader during he time I was with them were sent to the composing room and the proofs vent to the editor in chief while, he, Berger was in the City; he probably saw learly all of my editorials. Of course, he was out of the city sometimes.
Whereupon the witness was referred to the indictment in this case, and his tention directed to five editorials from the Milwaukee Leader. I wrote the ditorials “ War and Insanity,” “ Difference of Opinion," "A Big Business
War," "Censoring God," which are set forth in this indictment. To my 178 personal knowledge I do not know who wrote that. “Why we are in
this war." I did not write it. Whereupon the witness read to the jury the article entitled “War and Inanity.” It was reported a speaker at the alienists and Neurologists meetng at Milwaukee had stated those to be facts, and it was so reported in the ress. I heard the statements about trains carrying the insane in France as stated in this editorial. When I said that capitalism even in time of peace is riving the people insane and year by year the numbers increase until they ad become appalling, I meant that the statistics on insanity show that the umber of insane increases year by year and it is my opinion that the apitalist system of industry which keeps most of the people in poverty and which keeps such a vast number of people upon a nervous strain, is the cause f most of the insanity, and that those who want to end the horrors of that ind are the real, genuine patriots. There was no intent on may part when