of Grand Rapids, a quantity to-wit, 500 of said leaflets first above described known as leaflet No. 5 and entitled "Proclamation and War Program" a printed and true copy of which is hereto attached and marked Exhibit A and made a part hereof contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States.

11. And the Grand Jurors aforesaid upon their oath aforesaid do further present that the said Glenn G. Fleser, Benjamin A. Faulkner, James W. Clement, Sr., Glenn H. Pangborn, Benjamin Blumenberg, Adolph Germer, Daniel Roy Freeman, Charles J. Callaghan, Charles G. Taylor, Claas Osterhuis, Martin E. Elsinga, Viva Flaherty, and Vernon Kilpatrick (hereinafter called defendants) continuously and all times throughout the period of time from the 26th day of April, A. D. 1917, to the 5th day of June, A. D. 1917, both inclusive, at the county of Kent, aforesaid, in said division and district and within the jurisdiction of this court unlawfully and feloniously did conspire, combine, confederate and agree together and to and with divers other persons to said Grand Jurors unknown to commit divers to-wit one hundred offenses each to consist of counselling, commanding and inducing some one of the male persons subject to registration on June 5th, 1917, in said division and 164 district under the act of Congress approved May 18th, 1917, entitled "An Act to Authorize the President to increase temporarily the military establishment of the United States and under the proclamation and registration regulations made and issued pursuant thereto by the President of the United States on May 18, 1918, under authority of said act of Congress, that is to say, some male persons to the Grand Jurors unknown between the ages of twenty-one and thirty years, both inclusive and then and there a male person who then and on said 5th day of June A. D. 1917, had and would have attained his 21st birthday and who did not from that day attain and had not before that attained his 31st birthday and as such subject to registration as aforesaid and not in any wise by law exempt therefrom unlawfully and wilfully to fail and refuse to present themselves for such registration and to submit thereto and procuring such person to commit the offenses involved in his so doing.

Overt Act

The Grand Jurors therefore said on their oaths aforesaid, do further present that certain of said defendants hereinafter named at the several times and places in the behalf hereinafter mentioned did do certain acts to affect the object of said unlawful and felonious conspiracy and combination, that is to say:

1. That on to-wit the 26th day of April, A. D. 1917, at to-with, said City of Grand Rapids in said County of Kent in said division of said district, and within the jurisdiction of this court the said defendants, Daniel Roy Freeman then and there did order and cause to be ordered through, to-wit, the Grand Rapids Local so-called of the Socialist Party, a quantity to-wit 1,000 war leaflets so-called towit a leaflet a leaflet known as Number 5 of the series of organization leaflet to be issued monthly by the National Office Socialist Party at Chicago, Illinois, and entitled to-wit Proclamation and War Program a printed and true copy of which is hereto attached and marked "Exhibit A" and made a part hereof.

2. That on or about to-wit the 17th day of May, A. D. 1917, at to-wit said City of Grand Rapids in said Division of said District and within the jurisdiction of this court the said defendant James W. Clement Sr. then and there did distribute and deliver to James H. White of said City of Grand Rapids and to other portions to the Grand Jurors unknown said leaflet last above referred to, to which said leaflet No. 5 entitled "Proclamation on War Programs" printed and true copy of which is hereto attached and marked "Exhibit A" and made a part hereof.

3. That on or about the 18th day of May, A. D. 1917, at to-wit said City of Grand Rapids in said division and of said district and within the jurisdiction of this court the said defendants Glenn G. Fleser then and there did distribute and deliver to Monroe Cowens of said City of Grand Rapids and to other portions to the Grand Jurors unknown said leaflet last above described, to-wit, said leaflet No. 5 entitled "Proclamation and War Program" a printed and true copy of which is hereto attached and marked Exhibit "A" and made a part hereof.

4. That on or about the 20th day of May, A. D. 1917, at towit said City of Grand Rapids in said division of said district and within the juris165 diction of this court the said defendant, Daniel Roy Freeman, then and

there did place and cause to be placed for distribution at a certain place in said City of Grand Rapids, to-wit, "All Souls Church ", so-called a number to-wit, 100 of said leaflets last above described, to-wit said leaflet No. 5 entitled "Proclamation and War Program a printed and true copy of which

is hereto attached and marked "Exhibit A" and made a part hereof.

5. That on or about the 27th day of May, A. D. 1917, at to-wit, said City of Grand Rapids in said division of said district and within the jurisdiction of this court the said defendant, Daniel Roy Freeman, then and there did place and cause to be placed for distribution at a certain place in said City of Grand Rapids, to-wit, "All Souls Church" so-called a number to-wit, one hundred of said leaflets last above described, to-wit, said leaflet No. 5 entitled "Proclamation and War Program" a printed and true copy of which is hereto attached and marked Exhibit "A" and made a part hereof.

6. That on or about to-wit the 24th day of May, A. D. 1917, at, to-wit, said City of Grand Rapids in said Division of said district and within the jurisdiction of this court said defendant, Viva Flaherty did then and there order of to-wit the Furniture City Printing Company of said City of Grand Rapids, a quantity towit, 15,000 copies to be printed of a certain leaflet or folder, to-wit, an anticonscription leaflet so called, ending as follows, to-wit, Repeal the Conscription Act," a printed and true copy of which said leaflet or folder is hereto attached and marked Exhibit "B" and made a part thereof.

7. That on or about to-wit the 26th day of May, A. D. 1917, at, to-wit, said City of Grand Rapids in said Division of said district and within the jurisdiction of this court the said defendant, Viva Flaherty, then and there did receive a quantity, to-wit, 15,000 printed copies of said anti-conscription leaflet or folder socalled last above described ending as follows, to-wit, "Repeal the Conscription Act," a printed and true copy of which is hereto attached and marked "Exhibit B" and made a part hereof and then and there did deliver and cause to be delivered a quantity, to-wit, 15,000 of said printed leaflets or folder last above described to the said Grand Rapids Local, so-called of said Socialist Party.

8. That on or about to-wit the 27th and 28th days of May, A. D. 1917, respectively, the said City of Grand Rapids in said division in said district and within the jurisdiction of this court the said defendant, Charles J. Callaghan, then and there did distribute and cause to be distributed a quantity to which one or more of a certain printed leaflet entitled, to-wit, "The Price We Pay" purporting to be by Irwin St. John Tucker and bearing the imprint to-wit, subscribed to the American Socialist etc., a printed and true copy of which last named leaflet, to-wit, "The Price We Pay" is attached thereto and marked Exhibit "C" and made a part hereof.

9. That on or about the 20th day of May, A. D. 1917, and each day thereafter, to and including to-wit the first day of June, A. D. 1917, at said City of Grand Rapids in said division of said district and within the jurisdiction of this court the said defendant, Glenn G. Fleser did have and keep and procure to be had and kept for distribution at the headquarters or meeting place of to-wit said Grand Rapids Local so-called of said Socialist Party, to-wit at 340 Bridge Street in said above Grand Rapids a quantity to which 500 of said leaflets first above described as leaflet No. 5 and entitled "Proclamation and War Program a printed and true copy of which is hereto attached and marked "Exhibit A" and made a part hereof.

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10. That on or about the 20th day of May, A. D. 1917, and each day thereafter to and including to-wit the 1st day of June A. D. 1917, at said City of Grand Rapids in said division in said district and within the jurisdiction of this court the said defendant Pangborn then and there did have and keep and procure to be had and kept for distribution at the headquarters or meeting place of to-wit said Grand Rapids Local so-called of said Socialist Party at 340 Bridge Street, in said City of Grand Rapids a quantity to-wit 500 of said leaflets first above described known as leaflets No. 5 and entitled Proclamation and War Program a printed and true copy of which is hereto attached and marked Exhibit "A" and made a part hereof.

11. That on or about to-wit the 26th day of May, A. D. 1917, and each day thereafter, to and including to-wit the 1st day of June, A. D. 1917, at towit said City of Grand Rapids in the said division of said district and within the jurisdiction of this court the said defendants Glenn G. Fleser, Benjamn A. Faulkner, Glenn H. Pangborn, and Benjamin Blumenburg or some of them, then and there

did have and keep and cause and procure to be had and procure for distribution at the headquarters of meeting place of to-wit the Grand Rapids Local so-called if the Socialist Party at to-wit 340 Bridge Street, in said City of Grand Rapids a quantity to-wit, one thousand of the said leaflet herein before described, towit, "The Price We Pay a printed and true copy of which is hereto attached and marked “Exhibit C" and made a part hereof.

12. That on or about to-wit the 18th day of May, A. D. 1917, and to-wit each day thereafter to and including the first day of June 1917, at to-wit said City of Grand Rapids in said division of said district and within the jurisdiction of this court the said defendants Glen G. Fleser, Benj. A. Faulkner, Glen H. Panghorn, and Benj. Blumenberg, or some of them, then and there did have and keep and procure to be had and kept for distribution at the headquarters or meeting place of to-wit said Grand Rapids Local so-called of said Socialist Party at 340 Bride St. at said City of Grand Rapids a quantity to-wit 500 of said leaflets first above described known as leaflet No. 5, and entitled "Proclamation and War Program," a printed and true copy of which is hereto attached and marked "Exhibit A" and made a part hereof contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America.

Count III.

And the Grand Jurors therefore said upon their oath aforesaid due further present that the said Glenn G. Fleser, Benj. A. Faulkner, James W. Clement. Sr., Glenn H. Pangborn, Benj. Blumenberg, Adolph Germer, Daniel Roy Freeman, Charles J. Callaghan and Vernon Kilpatrick (hereinafter referred to as defendants) then and there unlawfully and knowingly did conspire combine and agree together and to and with certain other persons to the Grad Jurors unknown by force to prevent, hinder and delay the execution of certain laws of the United States viz. the act of Congress entitled "An Act to authorize the President to increase temporarily the military establishment of the United States," approved May 18, 1917, and the proclamation of the United States and

the regulations issued and prescribed by him, pursuant thereto, that is 167 to say the said defendants unlawfully unknowingly did conspire and

agree together and to and with said other persons to the Grand Jurors unknown then and there by force to aid abet command and procure certain .male persons to the Grand Jurors unknown then and there and thereafter and on the 5th day of June, A. D. 1917, subject to registration in said division and district under said act of Congress thereto that is to say some one or more of such male persons between the ages of 21 and 30 years both inclusive each then and there a male person who then and on said 5th day of June, A. D. 1917, had and would have attained his said 21st birthday and as such subject to the registration aforesaid and not in any wise by law exempt therefrom unlawfully and wilfully through fail and refuse to present himself for such registration and to submit thereto and thereby procuring such person and persons to commit the offense involved in his and their so doing.

And further and thereafter by force to prevent hinder and delay the Government of the United States and its officers and agents charged with the duty under this act proclamation and regulations aforesaid in the raising by draft and in organizing and equipping as provided in said act the additional and increased military forces of the United States and the drafting of the male persons aforesaid found to be qualified and subject thereto into the military serv ice of the United States as provided in said Act. Proclamation and Regulations and thereby and otherwise by force to prevent hinder and delay the enforcement of said act proclamation and regulations contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America.

I, Chas. J. Potter, clerk of the District Court of the United States for the Western District of Michigan, do hereby certify that the foregoing is a true

and compared copy of the indictment in case # 1693 of U. S. vs. Glenn G. Fleser and 12 others-except the exhibits attached thereto, in the proceedings of said court in said entitled cause and of the whole thereof.

Witness my official signature and the seal of the said court at Grand Rapidthis 14th day of September, in the year of our Lord one thousand nine hundred and seventeen.

(Sgd) CHAS. J. POTTER,

Clerk.

United States of America,

SS.

I, Chas. J. Potter clerk of the District Court of the United States for the Western District of Michigan, do hereby certify that the foregoing is a true and compared copy of the filing of indictment, pleas of defendants, the conclusion of the trial, verdict of the jury and judgment therein and also of the indictment, except the exhibits attached to the indictment.

In the proceedings of said court in said entitled cause and of the whole thereof.

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Witness my official signature and the seal of the said Court at Grand Rapids, this 25th day of March, in the year of our Lord one thousand nine hundred and eighteen..

CHAS. J. POTTER, Clerk.

to which said last mentioned indictment the said Adolph Germer pleaded not guilty and said United States joined issue on said plea and afterwards, to-wit, on the 18th day of October, 1917, in said District of Michigan, a jury duly and regularly summoned, impaneled and sworn to try the said issue joined as aforesaid, upon their oath did find and say that the said Adolph Germer was not guilty of the offense of conspiracy of which the said Adolph Germer was accused in said indictment, as by the record of said court more fully appears; which said indictment of acquittal still remains in full force and effect and not reversed and made void.

And the said Adolph Germer further says that the said Adolph Germer defendant herein, and the said Adolph Germer so indicted and acquitted as aforesaid, are one and the same person and not other and different persons and that the said alleged conspiracy of which he, said Adolph Germer, was so indicted and acquitted as aforesaid and the said alleged conspiracy of which he the said Adolph Germer is now herein indicted are the one and same conspiracy and not different.

Wherefore he prays judgment if the said United States ought further to prosecute the said indictment against him, the said Adolph Germer, in respect to the said offense in said indictment mentioned and that he, the said Adolph Germer, may be dismissed and discharged from said indictment.

ADOLPH GERMER being duly sworn on oath says that he is the person whose name is subscribed to the foregoing Plea of former Acquittal, that he is familiar with the contents of the said Plea of Former Acquittal, and that the matters and things therein contained are true in substance and in fact.

(Seal)

(Signed)

Subscribed and sworn to before me this 9th day of April, A. D. 1918. SWAN M. JOHNSON. Notary Public. Endorsed: No. 6260. In the U. S. Dist. Court, Northern Dist. of Ill. Eastern Div. U. S. Vs. Victor L. Berger, et al. Plea of Former Acquittal. Filed Oct. 21, 1918 at------o'clock‒‒‒‒‒‒‒‒M. T. C. MacMillan, Clerk.

169

170 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, an Amendment to Plea of Former Acquittal; same being in the words and figures following, to wit:

And the said Adolph Germer, defendant in the above entitled cause, by leave of court first had and obtained, now files this his additional and amended plea of former acquittal, and says:

1. That the Socialist Party of America is a political party composed of local organizations in various parts of the United States who elect delegates to state conventions, who in turn create executive committees in their respective states; that the members in the state organizations elect delegates to national conventions pursuant to regulations and constitutions adopted by the various state organizations consistent with and in conformity to the National Constitution; 2. That in the month of April, 1917, the National Convention was held consisting of delegates from the various states, in the City of St. Louis, Missouri; that said convention convened on the seventh day of April and remained in session up to and on or about the fourteenth day of April, 1917, and among various proceedings there was adopted what is generally known as a “Proclamation and War Program"; that this document, in words and figures is as set

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forth in the indictment in this case and the same document in words and figures which was introduced and offered in evidence upon the trial against this defendant in the proceedings in the District Court of the United States for the Western District of Michigan, Southern Division, entitled, United States v. Glenn G. Fleser, et al., and to which we will refer as the Michigan case or indictment for brevity, which with a "minority report" was submitted by a referendum to the members and the vote tallied in July, 1917;

3. That this defendant was national secretary of the Socialist Party from April 1st, 1917, up to and including the date of the return of the indictment in this case, and as national secretary and general supervision of the office affairs of said party.

4. That J. Louis Engdahl, defendant impleaded in this case, was during April. up to and including the time of the return of the indictment in this case, editor of the American Socialist, and had full and complete charge of the news matter. reports, and the printed contents thereof, and that in said paper there was published the Proclamation and War Program hereinbefore referred to, and advertisements offering the same for distribution and sale, up to and including various issues for the period commencing in April and ending in the middle of August or the first part of September, 1917;

5. That Irwin St. John Tucker on or about the fourth day of July, 1917. became a contributor to the American Socialist and was paid by the American Socialist Party for the period of from seven to eight weeks, his time as such contributing editor expiring on or about August 17, 1917; that said 173 St. John Tucker was the author of "The Price We Pay" which was published in the issue of May 5, 1917, of the American Socialist and circulated as a part of the reading matter of said paper, and said article was published in a leaflet form and advertised in the Americn Socialist and circulated by the American Socialist Party; a large number being printed and sent by express and through the mail to various parts of the country; that said de fendant ordered the printing done by the Arbeiter-Zeitung;

6. That in the American Socialist there was published the articles set forth in the indictment in this case: "Why You Should Fight ", "Down With War". and "cheer Up" was published June 16, 1917, and Show the Flag" was published June 23, 1917.

64

7. In the Grand Rapids case there was admitted in evidence as Exhibit 1 a leaflet, fifteen thousand or more copies of which have been circulated in Grand Rapids, Michigan, containing statements: "Conscription is state slavery"; and, referring to the conscription law," There is enough of the dynamite of des potism in this measure to wreck the whole fabric of American democracy This leaflet contained excerpts from a speech of Senator Vardaman, excerpts