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denounced the transporting of prisoners without food and water. But he not mention the fact that the workingmen deported from Bisbee were also out food and water.

denounced the underfeeding of prisoners. But he said nothing about the that millions of children, women and men in the United States are underbecause of the greed and selfishness of the plutocrats who are promoting war. ► denounced the giving of inferior food to the prisoners. But he ignored giving of wormy food to the suffrage pickets in this country.

denounced the atrocities in Belgium. But he did not mention the atrociin East St. Louis. ► denounced the mingling of British and French prisoners with Russian iners who were afflicted with typhus fever. But he was silent regarding swarms of American men, women and children who are swept into the tery because the greed of the capitalist war promoters makes it impossible hem to have proper food, shelter and surroundings. 2 denounced the posting of the names of men who had been kind to priss, in order to bring obloquy upon them, holding up this treatment as savage brutal. But he apparently did not realize that his own advice to hög-tie peace advocates of the United States and ship them to Germany was equally ge and brutal. le whole German junker system is a shame and a blot upon civilization. wish the German Socialists God speed in wiping it off the face of the earth. he whole American junker system is also a shame and a blot upon civiliza

God speed the American Socialists in wiping it off the face of the earth. we believe they will do it as fast as the people can get to the ballot box. eantime, let us try to keep our heads on our shoulders and look at things hey really are, not as blind dogmatic fanaticism would make them appear e.

(DEFENDANT'S EXHIBIT 38)

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Just What We Expected. he Fatherland, in an article teeming with misstatements, announces that pro-Germans will not support the Socialist ticket this fall. he presidential candidates of the Socialist party, and the party itself, accordto the opinion of The Fatherland, are ruled by pro-British sentiment. his idea has grown in the head of The Fatherland's informants, because a individuals who never represented the Socialist party, had expressed proish sentiments. he Socialist party is pro-American. It is not in power and will not come

power this fall, and has no hand in international policies of the capitalist he pro-German and pro-British sentiments of the business element in this atry are ruled with few exceptions, by considerations of profit. The Socialparty's main aim is the abolition of all capitalist profit. The party will not wayed from its course by any partisan of European powers. he leader has told the pro-Germans in plain words that their attempt xpress European partisanship through any old party will be a failure, and they can not express such partisanship through the Socialist party, because

it is pro-American to the core and will defend the welfare of the AmeriI can people regardless of results to European belligerents.

The Fatherland is not opposed to the Socialists, because they are ged partisans of England. It fights the Socialists, because the Socialist ty threatens the profits of the pro-German Capitalists as much as, it does se of the pro-British. he German-American alliance will boycott the Socialist candidates, because business men who rule that alliance will consider a victory of the Socialparty as a greater threat than a victory of England over Germany. 'he Leader has never taken any stock in the idea that the German-American ance is in business for sentimental love of the old fatherland. The Leader ws that many prominent pro-Germans are making money out of contracts the British allies. either has The Leader ever expected the support of the German-American ance for the Socialist candidates. It has had plenty of experience with 'man-American "nonpartisans ” in Milwaukee. l'he Fatherland now merely confirms what The Leader has long predicted : at profit will outweigh sentimental feelings in the German-American alliance. 1262 F. W. REHFELD, called as a witness on behalf of the defendan

having been first duly sworn, testified as follows:

Direct Examination by Cocheme.

I have lived in Milwaukee all my life. I am business manager of a Milwaukee Leader, and secretary and treasurer of the Milwaukee Social Dem cratic Publishing Company. I was chosen by the Board of Directors.

am not commercially or economically dependent for my livelihood up 1263 Victor L. Berger. My general duties are to take charge of the finan

and mechanical end of the publishing company. I remember receivi a list from the National Office of the Socialist Party bearing names abe October. I sent for that list of names because on October 3rd, 1917, the mai ing privilege of the Milwaukee Leader was taken away by the postal depar ment. Of course, as business manager I knew what that would mean as it a off about 17,000 readers at $4 a year and the local advertisers, especially a department stores, which is a large source of income, would drop out a withdraw their patronage from The Leader. The income from national adva tising and from foreign advertising also dropped away. That being a gre financial loss, I requested Mr. Berger to talk to Mr. Germer and ask him the list of names of readers of the American Socialist, which he did. I National Office was exceedingly busy at that time, and could not furnish the entire list at one time, so they sent them up in piecemeal beginning wit the states in alphabetical order-Alabama and so on. They didn't come rapidly as we wanted. We finally got the whole list, to make an appeal funds it was never used for any other purpose. The losses sustained durig

the suppression was in round numbers about $200,000. We har 1264 about 12,000 stockholders. Nobody has asked me to put anything in m

paper upon any subject in aid of the propositions and enterprises i aid of the Government or any of its representatives. On August 22, last th Postoffice Department refused to deliver mail addressed to either The Leader the Milwaukee Social Democratic Publishing Company or the Commonweali a weekly publication. It did not deliver us the casualty lists, Meaning the Postoffice Department).

When the Liberty Bonds and Red Cross ads were being carried a partai party by the name of M. I. Stevens who was the government representativ and who had charge of the distribution of the mats—the mat is an imprescin on paper from which the plate is made. It is a convenience to the newspaper and reduces the cost of producing those ads. Our (company) was refused the use of those mats. We went over to the other newspapers and loaned their We have gone to the expense of having cuts made to set up the ads. We ra ads for the National Council of Defense and for Thrift Stamps; we sold abon $750 worth of Liberty Bonds in the Milwaukee Leader's office; and $115 worth of war savings stamps among the employes. Ninety percent of the men contributed to the Red Cross.

Cross-Examination by Mr. Fleming.

1265 I have been business manager for the Milwaukee Leader a little mor

than two years; prior to that I was State Secretary of the Socialist Party of Wisconsin for about two and a half years. Before that I was deputy sheriff of Milwaukee County ; prior to that I was alderman of the 23rd war of that city. Before that I was employed by the Schwab Stamp and Sea Company as engraver.

The Milwaukee Socialist County Committee own about $2.000 of stock ir Milwaukee Leader. Miss Thomas owns about $3,000 and Mrs. Berger one over one percent. Victor Berger is vice president and editor of the paper.

I do not know of any money having been received from any of the brewers Milwaukee. No support from the Uhlin Brewery of Milwaukee nor the Schlita Brewery. We got some support from the Forward a Jewish paper of Ne York in the form of a loan of $5000. There have been no financial contribu tions by Arthur Brisbane to our paper, outside of the purchase of stock.

We carried enlistment notices asking men to enlist in the cause of the United States August 20, 1918, but none before February 2, 1918, and no advertica ments of Red Cross or Liberty loans before then that I know of. We hare about 80 employes in our business.

Redirect Examination by Mr. Cochems. e printed on August 7th, 1918 (in the Milwaukee Leader) an ad for the onal Council of Defense, Mayor Hoan, Socialist Mayor of the City of vaukee organized the Model Council of Defense that was adopted throughthe United States and the War Department. The American Protective

League or Loyalty Legion caused us to lose our commercial ads. Arthur Brisbane is proprietor of the Washington Times of the District of Co

lumbia. We never got a dollar for our party, our campaigns or for our 'r from any German-American influence or connection with anybody here in United States or anywhere. The average stockholder of the Milwaukee ler holds about $20 or $30. Most of them are poor people. The New York vard is owned by the Jews.

'H ELSON, called as a witness on behalf of the defendants, having been

first duly sworn, testified as follows:

Direct Examination by Mr. Johnson. am a member of the Y. P. S. L. I am employed by Sears Roebuck & Co. I 2 been a member of the Young Peoples Socialist League for three years. I present at the first session of the City Convention, Chicago, Wicker Parn 1. Committees were elected—the resolutions committee, the constitutional mittee and the ways and means committee, that took all morning. We cond at 2 o'clock. We had a lot of work left over which made it necessary to another meeting which was held the following Sunday at Douglas Park itorium on Ogden avenue. We started about 11 o'clock in the morning. Our etary, Sarah Smith, from the previous meeting had not appeared, and did

not come until about four o'clock that day, so we decided to go ahead. Resolutions were introduced about our taking over the Daily Socialist

paper and another one was about asking the young folks in the public vols to be against military training in the public school. At this point Tom ish got up and said that was not radical enough. Said we ought to go a.

further. We ought to take a stand as an organization against registration our members and all the Leagues and advise them not to register and Bill se, our National Secretary, immediately got up and told the fellows who e for it, they were Tom Levish, Schiller and DuBois, “ Boys, don't be hast, 't be hot, take things easy, don't get so excited about it.” He (Kruse) sad as an organization can take no stand upon this question, we can not advize members to do anything about this. We will leave it to them to do as they fit, to do as they see best to do." A hot discussion followed, a rising vote taken on the question and an overwhelming majority was against it and the lution defeated. here was an emergency committee elected about this time. Kruse was ted with power to appoint his own assistants. I think Kruse was elected he organization. He did not request his own appointment. It was customary the Y. P. S. L. organization in transacting their business to appoint some aber who shall in turn select his own help to carry out the object desired.

3

Cross-Examination by Mr. Fleming. was present at a meeting Friday night at the Workers Institute of the west

branch. Tom Levish came in and requested that he be granted the floor. got up and said that ain't radical enough, let us make it stronger. Basler ised everyone of them to register, because it is against the law not to do so.

Redirect Examination by Mr. Johnson. he Y. P. S. L. Organization has different heads, we have a chairman either manent or temporary and the treasurer and then we have our committees them our educational committee, our entertainment committee, our organizaI confmittee, by electing one person and he or she chooses their own assistants. : educational committee attends to all educational features, the lectures, the es, and all that encourages education among its members urging them to read, tudy and to organize classes. Our entertainment committee looks after a good e for each member. We have dances, masquerades, and plays. Our organizadepartment aims to get more members.

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Cross-Eramination by Mr. Fleming. I think I recall a telegram read by Mr. Kruse to the Convention from Ja Robbins. I think it was just urging us to take the stand about the chilire

in the schools, about being anti-militaristic. I do not remember 1269 saying anything about telling the young people the truth about the 2

or an offer to finance any activities along that line. I think some o of the members read the telegram.

JOSEPH HYMAN SHAPIRO, called as a witness on behalf of the defence

ants, having been first duly sworn, testified as follows:

Direct Examination by Mr. Johnson.

I live in Chicago. I have been a member of the Y. P. S. L. for two years was present at the City Convention of the Young Peoples Socialist League : May, 1917, the first session took place at Wicker Park Hall on May 6th, ahol 11 o'clock. The proceedings consisted of electing a organizations committee the resolutions committee and the ways and means committee. That took the full day. The resolutions committee made no report that day. They drea up some resolutions. There was an entertainment in the evening. The C vention was continued until the week following. The resolutions prepared the first Convention were handed over to the secretary but the secretary a the second convention did not show up until late that day, so that resoluties were handed in from the floor. I didn't hear anything in reference to an e

stickers at the Convention. 1270 I was present at a meeting at the northwest side Young People

Socialist League when Tom Levish appeared and he had some stickers. and he says, “ The Committee was yellow to get stickers out so I took it a my own hook to get stickers out.” Referring to the question of registratio at the Convention Kruse said that the Young Peoples Socialist League did not believe in refusing to register as an organization; that it was each individual own affair whether he wanted to register or not. Levish said we should refus to register in a body.

I met Arnold Schiller at my home at a meeting of the Executive Committe Sthiller said that he was bull headed he ought not to register. I was Olimp Yipsel at Fox Lake and Mr. Schiller was present. Schiller had a sui case at that time and he said "I am on my way, not to Rockford, Illinois bat to Rockford, Mexico,"

Cross-Examination by Mr. Fleming.

I am 19 years of age. I was in Porizova, Russia ; have lived in this country for 9 years. I have been a Yipsel about two years and have been active durins those two years. I am a member of the northwest side Young Peoples Socialis League. Rothenberg was temporary Chairman of the first session of the

Convention and Tom Levish was permanent Chairman. I do not know 1271 who was on the resolutions committee at that meeting, and know

nothing about the report that they prepared. I am absolutely sure that the members of the resolutions committee elected at the first session did not try to recall anything about the resolutions which they had prepared. Mr. Kruse spoke on Tom Levish's resolution. He was the same Tom Levish whe was permanent chairman of the first session. Levish handed his resolutin off the floor. I don't remember whether it was written or not. I remember him speaking for his resolution. I don't remember of the Proclamation so! War Program adopted at the St. Louis Convention was talked about at the second session. I am sure that I heard Kruse say in substance, “ It is not the mission of this Convention to tell any man what he shall do and each Yipset shall decide for himself what he shall do. I do not recall any speech mate by Basler at either session of the Convention. Basler was elected City Orgaiizer at that Convention. The City Executive committee met at my bome o June 4th, 1917, at the time Schiller talked against registration. My father i not a citizen. I am not a citizen. I don't believe I saw him (Schiller) after he entered the army service. I do not remember Government's Exhibit 164 (the telegram) having been read at the Convention.

(Redirect Examination by Mr. Johnson.) The statement of Mr. Schiller at my home on June 4th to the effect that he was bullheaded and wouldn't register, was not a regular order ne business. It had nothing to do with the proceedings of that meeting.

(Recross Eramination by Jr. Fleming.) r. Kruse told each man to decide the question of registration for himself. t if they didn't want to register it was none of the Y. P. S. L.'s business. DORE ROTHENBERG, called as a witness on behalf of the defendants, stified as follows:

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(Direct Eramination by Jr. Johnson.) have been a member of the Young Peoples Socialist League for three years was present at the City Convention in May, 1917, at Wicker Park Hall. first meeting was occupied by the organization of committees in the morn

In the afternoon report of the Constitution Committee and the election n organizer occupied the time. Then we adjourned for an entertainment re-convened the following week as the second sesssion of the Convention. Convention opened at 11 o'clock, elected a temporary secretary in the nce of a regular secretary. The resolutions were called for and there

were none to be presented, as the secretary had the resolutions and she was not present so resolutions were offered from the floor. There was

a resolution favoring a daily press, one favoring labor unions and a lution opposing military training in the high school. There was a dision following the resolution on opposing the introduction of military trainto the high school. Tom Levish got up and said, “ Why do they want to er with military training in high school? When will we be compelled to uniforms ourselves? I have a resolution to take its place, that the League in record as opposing registration and to fight Conscription and the war 1 the very beginning, and to fight it by not registering. nere was a big row in the Convention and everybody seemed to want the at the same time, and so it was decided the best thing to do was to have eakers list, so those who wished to speak gave their names and discussion wed. There were three speakers for the resolution, Thomas Levish, Arnold ller and DuBois, and again the resolution was Kruse (defendant), Williger Bachal. ruse opened his speech with a letter written to him from the American on against Militarism, in which that organization favored registration. It sed us that the law was written in such a way that if we refused to register

we might be arrested, sentenced to either a day or a year, and then taken to register right at jail and then inducted into the military service and we would lose our right of appeal or claim of exemption. And he it was his opinion that we ought to register, that we ought to go according [w and that even Karl Liebknecht, although he was opposed to the Kaiser the whole bunch, had donned a uniform and went to jail. Kruse said he ved we had no right to put the organization on record as being opposed to stration. He said it was a matter of individual conscience of each member. ish's motion was seconded by Schiller. A substitute motion was made that League take no stand on the matter of registration but leave it to the vidual. A vote was taken and I ruled that the vote against Levish's resoon was carried and then Levish called for a revision of the vote. It was a ig vote and carried overwhelmingly, that is, they voted for the substitute ion that the League take no stand on the matter of registration. After adjournment of the second convention I heard Arnold Schiller say that se was a yellow dog and that he would get even with him some day. I

at the meeting of the Douglas Park Y. P. S. L. about five days before stration. It was about 10.30 in the evening when Tom Levish entered our

headquarters, the meeting was almost broken up so he asked us to sit í down and that he, Levish, wanted the floor a few moments. Levish said,

at the last session of the Convention, Kruse was elected Chairman of the mittee. That Committee was given my resolution that I introduced at the vention. Kruse was given power to appoint his assistants and that comCee was to take a stand for or against registration. Now, that committee yellow committee, it could not be otherwise if Kruse is on it." He said the

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