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army, or the United States Navy service. I was exempted for physical rezse I made application to join the Red Cross because I realized I was not fi

military service. I wrote a pro-war letter to William F. Kruse. On 1215 31st, 1917, I was not pro-war. The Ordnance Department do not kn

of my personal activities. I did not tell them of the letter I wrote to Kn on July 31, 1917. I came to the District Attorney's office December 9th and a a large number of witnesses there, about a half dozen. I first heard of the dictment in this case in the newspapers about a year ago. I wrote to kn about eight months ago as a member of the Y. P. S. L. I was interested to ha when the trial was coming off, but he never divulged any information ab the trial. The first time I knew that I was going to be subpoenaed as a with was on December 6, 1918. The first night I came to Chicago I was brought your room (Mr. Fleming's). Mr. Milroy and Mr. Rooney (members of the partment of Justice) were present. They brought me into your office and me there with you. Mr. Milroy was not there all the time. I was in s room about five minutes. I never made a statement that I had received letters from Kruse in 1917. I said I did receive some letters, I never den that I wrote that letter (Government's Exhibit 1) to Kruse. You never si me if I had received letters from Kruse in 1917. I said I was willing to am before the Grand Jury at least a half a dozen times, and that I would app

before the grand jury and then on Thursday you told me to go home. 1216 I received no definite answer about my services not being needed

any of the attorneys. I was dealing with you (Fleming) most of t time. I knew Kruse as a Y. P. S. L. Member, he used to live in New Jers and he frequently came to New York. That was about three years am. knew him only in an official capacity as a Y. P. S. L. member. I volunteer to go to Mr. Cunnea's office after I was ordered out of the court room. IF a member of the Y. P. S. L while I was employed by the United States Gover ment because it is not a political organization. I wrote a letter to kr saying: "What is the matter I don't receive my mail, there are several lette I haven't received that you claim you sent to me. I meant in my letter Kruse that a few of the Yipsels are doing their damndest to evade the dra and they intended, if necessary, to go hoboing " I meant those Yipsels who we taking things into their own hands and violating the rules of the organizatie I was only joking in that letter when I said, my number is pretty safe, 10,1 in the draw, 4432 in the city list, almost at the bottom: When the Germans # have invaded Coney Island and then have escaped to Chicago then they mu call upon me."

NETTIE C. APPEL, called as a witness on behalf of the deefndants bavi been first duly sworn, testified as follows:

Direct Examination by Mr. Johnson. 1217 I live in Chicago; I am employed as a stenographer for Clare at

Christianson, attorneys, and was present at the May Convention 1917, held at Wicker Park Hall as a member of the Y. P. S. L. organizatio I was present during the whole Convention. There were two sessica The first session of the Convention was taken up with organization matti such as dividing the league into certain districts and the election of officer There were comnfittees appointed-there was a committee on resolution appointed. I saw the committee at work but was not present during i entire period of their session. This committee drew several resolutions, ou resolution that the organization favor a daily Socialist paper. I don't member any other. The Convention adjourned about 5.30, to be reconvere the following Sunday May 13th, to be held at Douglas Park League hea! quarters 3450 Ogden avenue. In the evening there was a lecture by Profess Mills and then a dance. I was present at the second session of the Couret tion. There were various resolutions offered and passed at the second sessio antong those was a resolution opposing military training in the public school which was very vigorously opposed by most of the members. Thomas Leris objected to this resolution on account of its not being radical enough a offered a resolution all of his own drawn up by himself, as a substitute. Th

substitute resolution provided among other things that we take a stan 1218 against registration. This was vigorously opposed by at least half th

membership and there was a Committee appointed to discuss the gne tion. Mr. Kruse (defendant) who was present, made a talk against th amendnsent to the resolution saying that be had received literature from thi an League against militarism quoting a letter on the subject and stat- at we had better register, giving other reasons. There was a commitpointed to decide what action the organization should take as a whole. s Levish used to belong to the Young Peoples Socialist League. He was radical than anybody else. Arnold Schiller was present and favored ag a resolution that Mr. Levish had Introduced opposing registration. was no action taken but a committee appointing Mr. Kruse chairman ower to appoint his assistants and decide what action should be taken se two matters; there were about 60 persons present. I was an alternate te to that convention. The secretary, Sarah Smith did not present the ions that were drawn up at the first Convention; she arrived about ck, so that any resolution drawn up at the first Convention was not d at the second Convention. I heard nothing about the subject of stickers. i many of the Y. P. S. L. members that registered. I know none that did not register. The last Friday in May, after the second Convention at our local headquarters Mr. Levish came in before adjournment and re

quested the members to remain; that he wanted to speak. Levish said e had met the Emergency Committee and that they were all yellow, they fraid to incur the enmity of the authorities; that they decided it was up members, whether they wanted to register or not, and that they would

official stand whatsoever. None of the defendants were present at that s, and he could not get the assistance of the committee or of Mr. Kruse him print certain stickers which he thought were necessary to distribute efore registration. That he had gone after the committee a long time d gone after Mr. Kruse several times and not getting their consent to do ng, he had gone of his own accord and printed, I think it was 10,000 'S, “refuse to register; others are with you” and he brought a package kers along with him and asked the organization to distribute them, bethen and registration day. The package was left at the headquarters. d he paid for it out of his own pocket and asked the organization to con? to pay for the stickers. We took no action at all on the financial part

Levish was never paid for them. I know Arnold Schiller who was a member of the Y. P. S. L. who was present at the second City Convention, and have known him since that time. I heard Mr. Schiller express feelings of hostility towards William F. Kruse (defendant). It was the reek in August, coming home from the Socialist Camp out at Fox Lake Ir. Schiller took me home in an automobile; he spoke about Mr. Kruse : that he was a dirty dog, yellow as he could be, that he had no use for nd that if he ever got a chance he positively would get even with him. then secretary of the Douglas Park Y. P. S. L. Y. P. S. L at Fox Lake was to provide a country place for the young either within or without the organization, who were unable, and could not to pay for a place for vacation. There are two buildings on the place and open during all the summer months. A member of the Y. P.S. L. does not to be a Socialist. I never heard of the motto “The hand that holds a t shall never hold mine". I bought Liberty Bonds and subscribed to the ross and that did not interfere with my being a member of the Y. P. S. L. least.

Cross-Eramination by Mr. Fleming.

n 21 years old. Have been a member of the Y. P. S. L. since February 1916; I have been very active in the movement since that time. I remember the appointing of a resolutions committee at the first session of the Convention. I don't remember all of them but Isaac Hamberger, 1 Williger, Benjamin Williger, Mr. Backman, Mr. Magnus,-I think there eight on the resolutions committee. The resolutions committee met in all where the Convention was held drawing their chairs around a cerable in one corner and sat there all the time they drew up their resolu

The committee was in session about an hour. I was with the Committee ten or fifteen minutes. It was free for everybody to see and see what were doing, many others were there. There was no typewriter in the asy room where the ('onvention was held. lereupon witness was handed Government's Exhibit 50.) ! Witness: I think that is the report of the Committee. That resoluvas never reported by the committee to the Convention as a whole. I am ve it was never presented at all. It was prepared and signed in that ibly hall (at the first session). I saw them sign it. After the resolu

army, or the United States Navy service. I was exempted for physical reasis I made application to join the Red Cross because I realized I was not fit fer

military service. I wrote a pro-war letter to William F. Kruse. On July 1215 31st, 1917, I was not pro-war. The Ordnance Department do not know

of my personal activities. I did not tell them of the letter I wrote to Krus on July 31, 1917. I came to the District Attorney's office December 9th and sa a large number of witnesses there, about a half dozen. I first heard of the is dictment in this case in the newspapers about a year ago. I wrote to Krus about eight months ago as a member of the Y. P. S. L. I was interested to know when the trial was coming off, but he never divulged any information about the trial. The first time I knew that I was going to be subpoenaed as a witne was on December 6, 1918. The first night I came to Chicago I was brought to your room (Mr. Fleming's). Mr. Milroy and Mr. Rooney (members of the Dpartment of Justice) were present. They brought me into your office and lei me there with you. Mr, Milroy was not there all the time. I was in your room about five minutes. I never made a statement that I had received letters from Kruse in 1917. I said I did receive some letters. I never denied that I wrote that letter (Government's Exhibit 1) to Kruse. You never aske me if I had received letters from Kruse in 1917. I said I was willing to appear before the Grand Jury at least a half a dozen times, and that I would appear

before the grand jury and then on Thursday you told me to go home. 1216 I received no definite answer about my services not being needed by

any of the attorneys. I was dealing with you (Fleming) most of the time. I knew Kruse as a Y. P. S. L. Member, he used to live in New Jersey. and he frequently came to New York. That was about three years ago. I knew him only in an official capacity as a Y. P. S. L. member. I volunteered to go to Mr. Cunnea's office after I was ordered out of the court room. I was a member of the Y. P. S. L while I was employed by the United States Goverment because it is not a political organization. I wrote a letter to Kruse saying: “What is the matter I don't receive my mail, there are several letters I haven't received that you claim you sent to me. I meant in my letter to Kruse that a few of the Yipsels are doing their damndest to evade the draft and they intended, if necessary, to go hoboing ” I meant those Yipsels who were taking things into their own hands and violating the rules of the organization I was only joking in that letter when I said, my number is pretty safe, 10,14 in the draw, 4432 in the city list, almost at the bottom: When the Germans will have invaded Coney Island and then have escaped to Chicago then they mat call upon me."

NETTIE C. APPEL, called as a wituess on behalf of the deefndants having been first duly sworn, testified as follows:

Direct Examination by Mr. Johnson. 1217 I live in Chicago; I am employed as a stenographer for Clare aim

Christianson, attorneys, and was present at the May Convention et 1917, held at Wicker Park Hall as a member of the Y. P. S. L. organization. I was present during the whole Convention. There were two sessions The first session of the Convention was taken up with organization matter such as dividing the league into certain districts and the election of officers. There were comnfittees appointed—there was a committee on resolutions appointed. I saw the committee at work but was not present during the entire period of their session. This committee drew several resolutions, one resolution that the organization favor a daily Socialist paper. I don't re member any other. The Convention adjourned about 5.30, to be reconveren. the following Sunday May 13th, to be held at Douglas Park League head quarters 3450 Ogden avenue. In the evening there was a lecture by Professor Mills and then a dance. I was present at the second session of the Convef. tion. There were various resolutions offered and passed at the second session. anfong those was a resolution opposing military training in the public schools which was very vigorously opposed by most of the members. Thomas Levis objected to this resolution on account of its not being radical enough and offered a resolution all of his own drawn up by himself, as a substitute. This

substitute resolution provided among other things that we take a stand 1218 against registration. This was vigorously opposed by at least half the

membership and there was a Committee appointed to discuss the quex tion. Mr. Kruse (defendant) who was present, made a talk against the amendntent to the resolution saying that be had received literature from the rican League against militarism quoting a letter on the subject and stat- : that we had better register, giving other reasons. There was a commitippointed to decide what action the organization should take as a whole. nas Levish used to belong to the Young Peoples Socialist League. He was • radical than anybody else. Arnold Schiller was present and favored ting a resolution that Mr. Levish had Introduced opposing registration. e was no action taken but a committee appointing Mr. Kruse chairman

power to appoint his assistants and decide what action should be taken hose two matters; there were about 60 persons present. I was an alternate gate to that convention. The secretary, Sarah Smith did not present the utions that were drawn up at the first convention; she arrived about :lock, so that any resolution drawn up at the first Convention was not ted at the second Convention. I heard nothing about the subject of stickers. bw many of the Y, P. S. L. members that registered. I know none that did

not register. The last Friday in May, after the second Convention at our local headquarters Mr. Levish came in before adjournment and re

quested the members to remain; that he wanted to speak. Levish said he had met the Emergency Committee and that they were all yellow, they afraid to incur the enmity of the authorities; that they decided it was up le members, whether they wanted to register or not, and that they would no official stand whatsoever. None of the defendants were present at that ing, and he could not get the assistance of the committee or of Mr. Kruse lp him print certain stickers which he thought were necessary to distribute before registration. That he had gone after the committee a long time had gone after Mr. Kruse several times and not getting their consent to do hing, he had gone of his own accord and printed, I think it was 10,000 ers, "refuse to register ; others are with you " and he brought a package ickers along with him and asked the organization to distribute them, ben then and registration day. The package was left at the headquarters. aid he paid for it out of his own pocket and asked the organization to conite to pay for the stickers. We took no action at all on the financial part

Levish was never paid for them. I know Arnold Schiller who was a member of the Y. P. S. L. who was present at the second City Convention, and have known him since that time. I heard Mr. Schiller express feelings of hostility towards William F. Kruse (defendant). It was the week in August, coming home from the Socialist Camp out at Fox Lake Mr. Schiller took me home in an automobile; he spoke about Mr. Kruse ig that he was a dirty dog, yellow as he could be, that he had no use for and that if he ever got a chance he positively would get even with him. s then secretary of the Douglas Park Y. P. S. L. le Y. P. S. L. at Fox Lake was to provide a country place for the young le, either within or without the organization, who were unable, and could not d to pay for a place for vacation. There are two buildings on the place and is open during all the summer months. A member of the Y. P.S. L. does not

to be a Socialist. I never heard of the motto “ The hand that holds a tet shall never hold mine". I bought Liberty Bonds and subscribed to the Cross and that did not interfere with my being a member of the Y. P. S. L. e least.

Cross-Examination by Mr. Fleming.

im 21 years old. Have been a member of the Y. P. S. L. since February

1916; I have been very active in the movement since that time, I remember the appointing of a resolutions committee at the first session of the Convention. I don't remember all of them but Isaac Hamberger, ph Williger, Benjamin Williger, Mr. Backman, Mr. Magnus,-I think there

eight on the resolutions committee. The resolutions committee met in wall where the Convention was held drawing their chairs around a certable in one corner and sat there all the time they drew up their resolu

The committee was in session about an hour. I was with the Committee t ten or fifteen minutes.

It was free for everybody to see and see what were doing, many others were there. There was no typewriter in the asly room where the Convention was held. hereupon witness was handed Government's Exhibit 50.) e Witness: I think that is the report of the Committee. That resoluwas never reported by the committee to the Convention as a whole. I am ive it was never presented at all. It was prepared and signed in that nbly hall (at the first session). I saw them sign it. After the resolu.

tions were prepared the committee turned them in to the secretary of the C vention. I was not there though when that resolution was typewritten don't know anything about the typewriting of that resolution. I never sau

in typewritten form except the last page when it was being signed 1222 was signed at the very table where it was drawn up. A few ot

delegates were present besides the committee. Sarah Smith was set tary, she took all the papers, packed them away and took them with her.) Kruse did not talk at that Convention to my knowledge. Resolutions were taken up at that Convention (the first session), and no resolutions were cussed at that session. The resolution committee made no report at that fi session at all. The war question nor registration. I talked this matter a with Mr. Rogers, an attorney in Mr. Cunnea's office for about ten or fifti minutes. I have talked to no one else at any time. Another resolution p sented was to uphold organized labor. I don't remember any more. The nu lutions committee convened about 2:30. Mr. Germer, William F. Rodrig addressed the Convention at the first session. There was a secretary pro ! at the second session of the Convention but she had none of the records of i first session with her. I don't recall anyone speaking in favor of the war that time or in favor of enlistment. There was one young man there Hern Basler who said it was fine to don a uniform, glorious to die so, everybody doing it and he didn't see any reason why we should not do it too. He ist same gentleman who is now interned as an alien enemy, and he urged th

men should put on the uniform and go out to fight the Germans. Id 1223 not know he was a German subject at that time. He said that everybo

was donning a uniform even Karl Liebknecht. Kruse spoke I don't a member the exact phraseology-but the import of the words was that it w no disgrace to don a uniform. There was no official action taken on that que tion but a committee was to decide what stand we should take in reference that. I know Conrad Friberg as a passing acquaintance, who was in char of the Yipsel camp during the summer of 1917.

Mr. Fleming: Where is Conrad now?
The Witness: A I think he is in the military service.
Mr. Fleming: Q What makes you think so?

(Objection by defendant as incompetent, irrelevant and immaterial; obje tion overruled; exception.)

The Witness: A Why, I haven't seen him for a long time and I supra he was. The last time I saw him was last winter at a dance. CLARENCE DARROW called as a witness on behalf of the defendants, ha ing been first duly sworn, testified as follows:

Direct Eramination by Mr. Stedman. I live in Chicago; am an attorney at law; I am acquainted with Vietor Berger and J. Louis Engdahl, defendants in this case. I recall seeing Eers

and Engdahl at a meeting of the executive committee of the Social 1224 Party held about July 6th, 1917. I went over there (National off

in reference to a consultation about the suppression of certain sociali and other radical papers, they had some copies of the Chicago Socialist, An can Socialist and some other papers. They had the American Socialist I think two or three others and I looked over several copies of the Ameri Socialist. I don't remember how many. We had a conversation about a to do. And it was suggested that a delegation of us go to Washington to Postmaster General and Attorney General and present the matter, to see they would permit their circulation. We all expressed our opinion about and I said I would go with the committee and do what I could to aid in letting their papers be circulated; or having the Postmaster General cate just what was objectionable, so that they could comply with the ruke the department. I went to Washington twice. My first trip Mr. Sest Stedman and Mr. Engdahl went with me. We arrived at Washington, step at the Shoreham Hotel, I met William E. Kent, former Congressman California, a member of the Tariff Board; I met Frank Walsh and Pinchot, Mr. Hillquit of New York, a few others. I visited the Departa

of Justice in the morning. There was a meeting held—I was cha 1225 president and Mr. Engdahl secretary and we discussed the general

of presenting the case to the Department, and there were several papers involved, they came in largely from eastern people, I believe the York Call and some Woman publication, The Four Lights, I think and a de

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