said Socialist Party since the outbreak of the present war because their actia and beliefs did not conform to the party's position on war.

I do further solemnly swear that my existing creed and principles forbid to conscientiously engage in this war or participation therein in accordance via the principles of said organization, and in accordance with the dictates of conscience.

I do hereby bind myself to report in person and to notify said local board. once, whenever the conditions, entitling me to discharge cease to exist.

DAVID MENDELSORY David Mendelsohn on oath says that he is the person who subscribed his name and that he knows the contents thereof and that the same is true and voluntary Subscribed and sworn to before me this 16 day of Aug. 1917.

(Seal) 1242

HARRY BERNSTEIN

Redirect Examination by Mr. Johnson.

Notary Public.

I did not intend at the time I filed my claims for exemption in case they were denied to refuse to serve. I would have served.

ABRAHAM KORN, called as a witness on behalf of the defendant's, having been first duly sworn, testified as follows:

1243

Direct Examination by Mr. Johnson.

I am identified with the infantry of the military forces of the United States. I enlisted in the S. A. T. C. I read the American Socialist prior to my entist ment, and the pamphlet entitled "The Price We Pay" and have seen the pictures displayed in the horrors of war Government's Exhibit. These pictures had to effect on me and had no effect on my enlistment in the military service. Our commanding officer used to take a rifle and another soldier and taught us how to bayonet fight in the trenches, saying that we are in this fight to kill and not to be killed under any circumstances. In a bayonet fight you strike to the lower extremity of the body and if you fail strike in the forehead and if you do? catch him there strike at any part of the body.

Cross-Examination by Mr. Fleming.

I enlisted in October, 1918, I get free tuition and have never seen any actua fighting anywhere. I am not a conscientious objector. I was a member of the Y. P. S. L. last year, 1907.

RICHARD O. HANDWERK called as a witness on behalf of the defendants. having been first duly sworn, testified as follows:

Direct Examination by Mr. Johnson.

1244 I am a member of the Y. P. S. L. I registered in the draft. I an a member of the Socialist Party. I was present at the first session of the City Convention held at Wicker Park Hall May 6, 1917, about 60 members were present. We convened about 11 o'clock, in the morning, elected officers and committees; there was a constitutional committee, an organization committee a resolutions committee, and a ways and means committee, all of which were instructed to try and report at the afternoon session. The organization com mittee and constitutional committee made its report. It was about 5:30 P. M. when the resolutions committee wanted to make a report. A program had beer arranged for the evening, we decided to adjourn this meeting to another meet ing on May 13th. We finished out program. The next meeting was held at Douglas Park Hall, 3450 Ogden avenue. The other committees were to report When we got there neither the minutes of the former Convention, the resolutions committee's report or the ways and means committee's report were there different resolutions were brought forward from the floor, that is, there were no official report of the committees that had met at the first session. One of the resolutions was in regard to the establishment of military establishment the school. There were different motions and different resolutions. Tom Levish

or Peter DuBois introduced another resolution calling upon the men 1245 bers not to register. And after quite a bit of discussion an amendment

was made that we leave the entire matter with the individual to decide. and that the organization take no action whatsoever. Tom Levish, Arnold Schiller and DuBois took the affirmtive on the original motion, that is they

Leve the Y. P. S. L. should take a stand against registration. Mr. Kruse and self opposed that position. Kruse stated that he would be guided by the Il principles bureau of the union against militarism which made a report t we should all register. The amendment carried, and somebody got up and de a motion to let the committee take charge of that. It was a kind of emercy committee to disseminate information as to how Yipsels should conduct mselves in regard to the draft law and also registration. Kruse was apted Chairman by the League as a whole and later appointed the Executive mmittee to help him. Kruse took the stand that we should abide by the law - cited as his authority the international secretary of the Y. P. S. L. where advised all the young people socialists in Germany to register and to join army since they were compelled to do it.

6

was manager of Yipsel Camp at Fox Lake during 1917. It is a camp situd on the east side of Fox Lake. It is owned by Dr. Sandberg. I know Arnold Schiller once a member of Y. P. S. L. since October or November of 1915. I had a talk with him with reference to the Mexican expedition about August, 1917, about a month before he was called to the ors. He (Schiller) stated to me what he thought would be a good plan get out of the army. That we would buy a boat, cover it and go down Chicago river, down the Drainage canal to the Illinois river to the Missispi, down the Mississippi to the gulf, sail along the Texas coast to Mexico. hought it was a foolish plan so I didn't say any more of it. One week later aw him and he suggested that we go up to Michigan to some secret place ere he had stores and provisions to last him six or eight weeks and in t way evade the draft.

January, 1918, Schiller was home on his leave of absence. In November, 7, at the headquarters he said that he would do anything to see Kruse to jail because he wanted to get even with him for some reason. On another occasion at a regular business meeting of the Comrade Circle (Schiller) was present and a referendum came up on the election of a tional Secretary, Schiller took the floor stated that Kruse was unable to aduct his office; that Kruse was yellow; that he was afraid to carry out Ovisions that would be expected of him as a National Secretary and that

most of his time was spent in other work. I visited the Federal Build47 ing on about 21 different occasions where I talked with Mr. Fleming, Mr. Clyne, Mr. Rooney and Mr. Milroy. I was exempted from the draft r physical reasons, I have only got one eye. I made no claim for exemption.

Cross-Examination by Mr. Fleming.

I am 23 years of age; I was born in Detroit Michigan, U. S. A. and have -ed in Chicago about 14 years. I am a member of the 27th Ward branch the Socialist Party. I was organizer for the 27th Ward branch for a year d a half, and ceased to be an organizer about July, 1918. Mr. Germer lives that Ward. I know Germer very well. I had some difficulties up there in e organization in connection with money which I collected. They charged e with appropriating money which belonged to the organization. I am not stifying here because they have not prosecuted me. I have been at Yipsel ace October, 1915, and was active during the year 1917, as organizer, which ok my entire time. I received a salary. Since that time I have been helpg in the construction of barracks at the Great Lakes, that lasted about a onth and since July, 1918, I have done expressing and held other jobs. My ties as organizer was to conduct the organizing of "The Optimist " a monthly paper. I did general organization work, collected dues, collected tickets 248 engaged speakers and run meetings I do not recall that I ever wrote any articles upon the war situation I never wrote any articles against e war; never made a speech in my life. I printed the article entitled "Proeet Your Rights" also "The Price We Pay." John C. Kennedy (Socialist Iderman) was editor of the paper at that time.

(Whereupon the witness was referred to an article entitled Sidelights on e Draft Law by Dick Handwerk under date of August 1, 1917.)

Mr. Fleming: Q Will you read to the jury the article entitled "Sidelights n the Draft Law"?

(Objection by defendants as incompetent, irrelevant and immaterial; objecon overruled; exception.)

The Witness: I never talked with any of the defendants with reference to his article.

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

(Thereupon the witness read to the jury as follows:)

"The Socialist Party is unalterably opposed to conscription and is at prese working for its repeal. The Industrial Workers of the World are raising the dust out west for better working conditions and against the provisions of the draft. No provision has been made for conscientious objectors in the dra law. They simply will have to serve against their conscience or refuse t serve and go to prison. There will be many volunteers * * for the 1249 purpose of killing human beings, simply because they can not subm their conscience, which is clear before God and man, to enter into suci activities as war brings forth."

The Witness: I wrote that article.

Mr. Cunnea: I move to strike out all reference to this newspaper for the reason that it is not pertinent to the issue in this case.

(Objection overruled; exception.)

Thereupon the witness was referred to an article in the same issue "Ain't It Fierce" from the Milwaukee Leader.

Mr. Fleming: Q Where did you get that article?

Mr. Cunnea: I make the same objection.

(Objection overruled; exception.)

The Witness: A John C. Kennedy was editor of that paper at that time. I was managing editor and I circulated these articles.

Mr. Fleming: Q Where does that article "Aint It Fierce" purport to be taken from?

The Witness: A That I don't know. It is simply reproduced there. (Whereupon witness was requested to read said article.)

The Witness: I don't know how this reprint from the Milwaukee 1250 Leader came to be in that publication. I don't know that it is a reprint from the Milwaukee Leader. I don't know where the article come from or how it happened to be in the paper. I only know the paper got it. Mr. Cochems: I raise the special objection because the witness says he has no responsibility for its publication.

The Court: The evidence is that this witness circulated this paper with this in it.

This all goes to show this witness' relation to the subject matter of this lawsuit with a view to show the weight of the testimony and his interest in the case.

(Thereupon the witness was requested and did read article entitled "Ain't It Fierce" marked Government's Exhibit 163.)

1251

The Witness: A "The jingoes are hunting for a slogan. Worse than that. They are wailing for a slogan and we don't blame them. They have a nice big war and no fitting slogan. That is, no slogan that fits the enthusiasm of the people as one of them says Making the world safe for democracy" lacks kick. We might also add that it lacks truth. But that makes no differ ence to the jingoes. It reminds us of an incident Jane Addams tells us about. The little folks at Hull House wrote a play and staged it all by themselves. And when the curtain went up on the first act George Washington and the Captain stalked across the stage. George said, Captain Ain't It Fierce' we ain't got no flag to fight this here revolution?" The Captain, having no suggestion to offer, replied, yes, General, ain't it fierce, and the cur tain went down.

"At the opening of the second act Washington and a Colonel entered and George said, 'Colonel, ain't it fierce, we ain't go no flag to fight this here reve lution?' The helpless Colonel answered, Yes, General, ain't it fierce,' and the curtain went down.

"When it came up for the third time Betsy Ross was sitting on the stage with a baby in her arms. George Washington came in and said, 'Betsy, ain't it fierce, we ain't got no flag to fight for this here revolution. Betsy replied 'yes, General, you hold the baby and I'll make one.'

"Ain't it fierce' to have a nice, big war and no slogan to fight it with? It is plain that we shall have to come to the rescue like Betsy. You hold the baby, jingoes, and we'll make one,' We are long on slogans. Make the world safe for Morgan's millions. Down with democracy. Up with autocracy. Remember the price of coal. He kept us out of potatoes. There you are, jingoes, take your choice. If none of these are suitable we have lots more in our nut."

1252

e Witness: The circulation of our paper in the 27th Ward is from 35,000 ,000. I read the American Socialist since it was established. I have read pamphlet Why You Should Fight" and "Down With The War." I don't mber all the members of the resolutions committee of the City Convention. s on the organization committee. There was a typewriter there. I and others used it. I don't know to whom it belonged.

erman Basler was on my committee. I didn't hear Kruse at the second on of the City Convention make any statement where he urged young men et busy and enlist, and don a United States uniform and fight its battles. first time I came to the United States Attorney's office I talked to you. I Mr. Milroy and Mr. Plummer were present. That interview lasted about en minutes. Mr. Milroy asked me about the Convention and I told him there a resolution passed there that no Yipsel should register but only after he ested there were about 10 or 12 other witnesses stated that and that I was only one who didn't state it. I told him that I wasn't sure if the resolution was presented there and he told me to refresh my memory. He told me there was 10 or 12 other witnesses came down here and testified that the resolution had passed. I wasn't quite sure of myself. I refreshed memory. I went over to headquarters and I saw Kruse there just to say O to him. I told him I had been at the Federal building, I didn't know it the United States Attorney. I did not tell Milroy the resolution did not s the next time I saw him. It was not until you put me before the Grand 7. I don't know when the time was. I told Milroy that the resolution passed only after he had suggested there were so many witnesses come in there that I was the only one who testified contrary to what those witses had stated. And furthermore, you used coercion to try to get me to e that. Mr. Milroy and you. You stated that I might perjure myself. erence to the secret committee the way you asked that question I wasn't e sure of myself. You asked it in this way, "Why was the secret committee ned". I didn't know anything about the secret committee. I told Milroy here was a secret committee appointed at that time I didn't know anything ut it.

In

Later on I remembered the committee that you tried to get me to say s formed, that was an emergency committee of which I was a member. I remember you told me about this secret committee and I surmised that 4 that might be the reason for a secret committee. Later on I found out the committee he meant was the emergency committee.

had charge of the delivery of the American Socialist in the 27th Ward. I ked with Engdahl on numerous occasions after the suppression of the paper but its distribution. He asked how we were doing and stated to get the paper I he will publish it as long as we will deliver it because there was no use his publishing the paper if we could not get it delivered. I believe he said at he would take the consequences.

I remember Mr. Milroy making a statement to me that Kruse said he would I serve if he were drafted. Milroy also asked me if I didn't hear Kruse say at he would go to jail before he would fight in this war. I never made that tement to Mr. Milroy.

Whereupon the witness was referred to a certain telegram identified by the tness as having been read on May 6th before the first session of City Conation which was read by the witness as follows:)

Chicago, Illinois, 12:15 P. M. May 6, 1917. William F. Kruse, Care icker Park Hall or Chairman. Would finance printing a piece of literature written up telling truth to young boys about cause of war. Will Y. P. S. L. ss on it? Jack Robbins."

The Witness: I don't know what action was taken on it.

(Whereupon said document was offered and received in evidence as Governent's Exhibit 154.)

Redirect Examination by Mr. Johnson.

Geographically, the 27th Ward is about 6 miles wide, 7 or 8 miles long, with a population of about 125,000. It is the largest ward in the city. John C. 255 Kennedy, Socialist, is alderman of that ward and editor of "The Optimist". I adjusted my financial difficulties with my ward.

I know Jack Robbins personally. He is connected with Boys Brotherhood Reublic. I think he is the founder. The object of the organization is to promote he general welfare of boys, keep them off the streets and out of jail. Mr. Flemng and Mr. Clyne spoke to me about my financial difficulties in my award. It

was on the 5th of November, 1917. I have the dates down on my little subpoena Mr. Milroy was present. Mr. Fleming asked me about my circumstances there he said, "isn't it a fact that you embezzled some money ?" And I said, "no". That was before the grand jury. The sum total of it was that I owed the ward branch some money and I wasn't paying it back and didn't have any intentio to pay it back, that was before November 5th, on November 5th in Room 825 or 2 Mr. Clyne and Fleming left Milroy and me alone and he asked me what I a doing trying to settle up this financial difficulty with the ward branch. I stated I was trying to pay them a certain sum every week; that they were satisfied that way; he said, well, you know if you will tell what we want you to tell, tel. the truth and tell what we want you to tell, we will get you out of that fix very easily". I understood by that remark that he was willing to fix it up He suggested on former occasions just what he thought I should say in 1256 regard to the Convention and that this anti-registration resolution had passed, and that a secret committee had been formed and that Kruse had charge of it. He called it an antidraft secret committee. And made Statements that were read off here what I heard Engdahl say. These were all suggested to me. On the 18th of October I have it marked here, he (Fleming) asked me if I knew Schiller. I said yes I did very well. Fleming said that he (Schiller) was certainly having a good time in the army. I told Mr. Fleming that I knew Schiller's entire case, why he was discharged from court martial and stated to you (Fleming) that he Schiller told me it all. And you (Fleming) wanted to know more about it and I said I didn't want to implicate Schiller any more. so I didn't say anything more about it. On the same day Mr. Fleming said in ease I joined the army I could have it just as easy too (meaning Schiller).

Recross Examination by Mr. Fleming.

Jacob Bruning and myself got out about two issues of the Optimist when Mr. Kennedy was on a vacation. Milroy never told me that my testimony was colored because of the fact that I was fearful of prosecution by these men. I was never fearful and he never told me that.

Mr. Milory handed me a typewritten statement and asked me to sign it and I refused to do it. Milroy never read that statement to me. He gave 1257 it to me to read and I refused to sign it entirely. And then you threat

ened to put me before the grand jury and make me say these things, and I said, "all right, put me before the grand jury then." And I did testify to the truth before the grand jury. You may read the evidence if you have it. Mr. Milroy or Plummer was not always present when you talked to me. Mr. Fleming told me to keep a memorandum of the times I came down.

(Thereupon there was offered and received in evidence Defendants' Exhibit 37, an article on editorial page of October 24, 1917, of the Milwaukee Leader entitled "Blind Fanaticism.")

(And thereupon there was offered and received in evidence Defendants' Exhibit 38, read in evidence article entitled " 'Just What We Expected" from issue of October 30, 1916.)

One of the horrors of war is the fact that it deprives men of their reason and fills them with passion, prejudice and fanaticism.

We have no doubt that in Germany everything possible is being done by the junkers and their supporters to cause the Germans to hate the Americans. In making attacks upon the Americans they without doubt lay every evil imaginable at the door of the Americans and completely ignore the fact that they themselves have equal sins to account for.

In exactly the same manner, the American junkers and their supports are doing everything possible to cause the Americans to hate the Germans. They lay every imaginable evil at the door of the Germans and completely ignore the fact that they themselves have equal sins to account for.

Mr. Gerard's recent speech in Milwaukee to a silk-stocking, blue-blooded audience illustrates this.

He denounced with fervor the deportation of the inhabitants of Lille. But he said nothing about the deportation of more than 1,000 workingmen from Bis

bee.

H