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Q Is it not a fact that you did not hear one single question put to Me Schiller about the genuineness of that notation?

(Objected to by defendants that it is a violation of the rules of er 1371 dence to ask a witness what some other person asked or failed to ad

of a witness, except on the one theory of testing his recollection, and that instance it is very far outside of that element; that it is argumentative and can have no other object; that inference cannot be drawn against a witness be cause of the failure or non-failure of counsel to ask a question; objection over ruled ; defendants excepted.)

A I don't know.

I made no suggestion to Mr. Cunnea that he examine Mr. Schiller on the gens ineness of the writing. I did not suggest to Mr. Stedman at the time I received that letter and was handling it any doubt about the genuineness of the letter: to Mr. Cunnea I did; I was speaking to Mr. Cunnea at that time, because in was understood that he was to cross examine Schiller. I said to Mr. Cunner that I never wrote that postscript although the handwriting seemed to reserble mine. I am not responsible for what Mr. Cunnea does. I saw the last page of that letter in a side room from room 826 on Thursday or Wednesday of last week, and saw my signature to that letter at that time; that is in a sunt of a stenographer's office. My counsel had gotten permission for me and his to come up there and see those exhibits, and Mr. Rooney was there part of the

time and got us those papers. We wanted to see them somewhere ard 1272 Mr. Rooney or some one of them said “come up this way," and we wet

up there and sat in the outer room of 826 and then we were invited inte the inner room, and Mr. Johnson and I went in, and the exhibits were there at that time, and I saw the second page of the letter of November 2, 1917; Mr. Rooney left the room on three or four occasions. The last time I saw the second page of the letter was in the first session; I heard it dictated in the secon! session, including the postscript. I asked Rooney where the scrap book was and he says “I think Clyne has it," and he went over and got it. The last time I saw that exhibit personally was in the first session. The first session (**» tinued until we went to supper. Then we returned with a stenographer and Mr. Johnson began dictating. I heard the letter dictated and that is the last time I saw it, I didn't even see it then, I heard it dictated. I was fingering the scrap-book. The next I heard of it was the next day Mr. Johnson said be would swat you in the jaw if you insinuated he had taken anything out of that office. I didn't see him take it, and I am morally certain I didn't take it. I did not take that second page bearing my signature and the notation. I am sure of that. I don't know whether the document shown me bears the typewriting of my typewriter ; I am no expert on typewriting, wouldn't know one from the other. I use a typewriter in writing my letters. I don't see any difference between this and any other typewriting.

I met Haessler in the fall or winter of 1917; he was not a delegate to 1373 to the Peace Council as far as I know. I hardly think I had any deal

ings with him in regard to it. I remember wiring him that I would cas to discuss Peace Council matter of great importance Sunday morning, the 121 please wait; he was living in Milwaukee and I was going there to make $ speech for the Y. P. S. L. at that time. I remember Ernest Reichmann: ks did not speak under my direction at the Peace Council; I did not recommen! him to meetings; I may have introduced him or given him letters of introdue tion.

I testified that none of the Yipsels, as far as I knew, had failed to respond tot the call; this was in Chicago, I said ; I had Wand in mind when I said that. ! don't know where Conrad Freidberg is; he was a member about a year ago of the Englewood Circle, League. I made a New Year's call at his home 03 January 1, 1918.

I did not write to Deutsch to have those Yipsels referred to in his letter wherein he stated certain of the League were doing their atmost to escape the draft and hoboeing if need be, stay where they were and refrain from following out their intentions. That was talk, I don't think I paid any attention to that part of the letter; it was just rag chewing on his part, I thought. Wand organized a Yipsel organization at Houston, Texas, and wrote e

about it, that he was organizing a league. I sent him a letter and the 1374 material and told him to go ahead, and I think it was done. They are

ganized it, but the league didn't last very long. In the letter of November 2, 1917, I told Schiller it was entirely proper fit Charles Weinstein and him to belong to the Rockford League, and I would

st that he get Barthlomew, Falkopsky and Boersini to do the same, at ford, Weinstein is a sergeant in the Unite States army. Bartholomew I soldier at Camp Grant, as was also Brezini, and I told Schiller I thought s entirely proper to get those men to join the league. The reason I said s proper was because ordinarily it was not permitted to be members of eagues at the same time, but these boys wanted to keep up their organizain Chicago and also to belong for a brief time there, knowing they were oing to stay in Rockford long. I told them it would be proper for them long to the league there at the same time they belonged here. I have written to soldiers in camp; don't think I ever stated this was an unjust didn't think there was any use rubbing it in. I may have suggested that s not a just war; I didn't make a point of telling our soldier boys that. I know that I have ever done that, although I may have, but it was not the of the letter if I did, and I don't think I did. dolph Solomon, now in a hospital in New York suffering from shell shock, a member of the Socialist party, not an Yipsel, but a member of the Counonscript League. He succeeeded Bleisschmidt in charge of the Conscript

League. He was drafted and sent to California ; don't think he had any trouble out there. That is my signature to the letter you show me

dated Apr. 18, 1918 and addressed to Rudolph L. Solomon. (On request Junsel witness reads letter dated April 18th, bearing the signature of the witness) in words and figures as follows, to wit:

April 18 1918 Rudolph L. Solomon 33rd Co., 2 Reg. C. A. C. N. A.

Presidio, San Francisco, Calif. r Comrade Solomon : am very sorry to hear that you are in trouble and hope that it will not e out any more seriously than you expect. When a man is in the army annot do as much as he would like to, and I suppose his liberty is rather ricted. would not worry about the election reti rns if I were you. As a matter act, the party here has gained 50% over this vote of a year ago and that e of the comrades who were beaten this year received more votes than e that served to elect them last year. As to Rodriguez's defeat, it was ely his own fault, and he deserved it. About a week before the election, together with Kennedy and Johnson, voted for a resolution calling this

a just war and asking everybody to get behind the President. It is adted now that it was a mistake, but they thought they were playing poli

I suppose, in taking this course. As a matter of fact, the vote against İriguez is really a repudiation against any such trimming on the part of

Socialist officials. Rod is a good comrade and made a very good alderI, but he is not as straight and strong on party tactics as I wish he was perhaps this thing will be just what is needed to steady him. s to testifying at our trial, if we need you we will try to get you, but

I do not know what the plans of the defense are just at present. 'rusting that you will soon be out of your trouble and that you can get k to the meetings at Frisco without any further interference, I remain. Yours for comradeship,


7 The witness continuing: I don't remember who Joseph Grieger is.

An extract of the letter introduced here in evidence, addressed to the tor of the American Socialist, concerning which Mr. Engdahl testified, m the man in the county jail in St. Paul, Harter, was printed by me in the isel column; that letter was put on my desk by a clerk. I don't remem

whether Mr. Engdahl handed it to me, he might have; very often a letter t is addressed to one person really deals with things that are the business another, and that other handles it. The publication of that letter bearing e July 1, 1917, and appears in the issue of July 21, 1917, would not enirage or discourage enlistment, and the most harmful part of the letter was eted in the published account.

JOHN J. JANSSEN, a witness on behalf of defendants, sworn and testif:

Direct Examination by Mr. Cochems.

My name is John J. Janssen; I am chief of police of the City of Milwaui and have been for thirty years, and am responsible for the observance law in that City. During the enforcement of the registration and draft 10

in Milwaukee, and during the whole period of the war, there has De 1378 been any disturbance of any serious character in the city, includ

the law covering draft and enlistment and so on. Some of our zens spoke to me, but I know nothing about any request of citizens for or tial law or extraordinary measures be proclaimed in Milwaukee duris the period of the war; there was a call for the state militia to help in the matter, there was a request made by three gentlemen who called on me fin at my office. They were Wheeler Bloodgood, Willard Spooner and Guy I Groff; that was at the beginning of the war in 1917. I was requested call upon the Governor to send militia companies into the city to protect pro erty. I told them I would not do anything of the kind, because I beliere there was no necessity for it; there was no indication of anything of the kin happening that required militia to be sent in and create a disturbance. The left and the next I heard of them was in the Governor's office at Madix the Governor telephoned inquiring whether I endorsed such action as the and believed it was necessary, and I told him I did not, that there was a apparent reason for calling out the militia, which I thought would creat a great deal of excitement and probably disturbance. I knew the people of Milwaukee pretty well at 30 years, and the conditions in the City, have known Mr. Berger personally for about thirty years.

Cross-Examination by Mr. Fleming.

I have been chief of police continuously for thirty years, appointe 1379 October 26, 1888; have not been reappointed, have gone right throug

each administration.

Redirect Examination by Mr. Cochems.

I am not a member of the Socialist party. I have been Chief of the Nation Association of Police Chiefs of the United States.

Recross Examination by Mr. Fleming.

I am not subject to removal by the Socialist Council and Socialist Mayar; hold office by civil service.

WILLIAM F. KRUSE, re-called for further redirect examination by M

Johnson :
The Mr. Mankus referred to in letter Exhibit 87, was

a member Lithuanian Circle No. 1; Jack Robbins is president of the Boys' Brotherhog Republic, whose purpose is to save boys from the streets and find jobs fu them; he is a humanitarian and a personal friend of mine. He is the pers who directed the telegram that was received at the second session of May convention in this city, directed to Kruse, myself, as chairman; and the offer was never taken advantage of, no action taken on it.. The Mankus N ferred to in the letter written by Devylis, Exhibit 87, testified here that

was a member of the resolutions committee. Devylis was offered as 1380 witness here and was withdrawn. The letter is dated June 26, 1917, 82

says that one of the most important problems that we have ever been faa with and which we are unable to solve is about Comrade Mankus, who made contract to work in the Federal tailor shops until the end of the war; he had good job and determined to quit and take this position to save his life, dois this one month before the registration. A few members say he has violate the principles of Y. P. S. L. and Socialist party. Socialist party adopted and war resolutions, saying nothing for the capitalist class and not any support f this or any war, but for the working class, all we have. Relying on that want to exempt Mankus from our league, but majority are opposed to its say is it not any kind of violation of Socialist Party principles; and asking

er to solve the problem what to do with Mankus, and asking for Y. P. S. L. itution and address of secretary of City Central Committee. this I replied, that some of these questions are such that they can not be ered by one individual for another; that the Socialist party when the ion of registration came up refused to advise its members one way or the ; the case of Comrade Mankus is one of these questions which the indiI has to answer for himself; our young members will be confronted with hoice of getting into the army or into jail; personally, for the good of the movement, I hope many will go to jail, but I would not urge any member to do so; that there is nothing in the Socialist constitution or principles which forbid a man to take such action as Mankus has taken; and eng copy of constitution and address of secretary as requested. rged them on that and other occasions that they should not expel members ke any'action or hold anything against any member in regard to anything have done in the army or navy; that it was not an organization matter, s an individual thing. That was my one thought during the whole thing.

Wilner, in the letter of May 2, 1917, was state educational director of the S. L. in Indiana ; he is now in the dental corps in the United States army. on't remember which of two twin brothers the Mr. Dun is who is menI in the letter Exhibit 89. One of them is in France and the other in tal in Massachusetts with his eyes burned by acid in an accident in the 'e there. the matter of discussion of resolutions in the conventions and meetings of oung People's Socialist league almost unlimited freedom of discussion is ed, barring all personalities and things of that sort. Any man can offer esolution from the floor almost any time in the Young People's Socialist League.

Rudolph Blum is a labor organizer in Pittsburgh, a member of the machinists union who was imprisoned for eight months because of his in the Westinghouse strike. I referred to Mr. Hillquit as national chairbecause that was my understanding, merely to identify him, because his er Jacob is also an attorney there. I referred Blum to him because I ht that Hillquit could probably direct these boys where to go for com: counsel. In testifying that many of these expressions were for the sole se of keeping the national organization intact I had also in mind that as isible head of a national organization I saw our membership was certain depleted by reason of war demands, and subject to considerable confusion ir counsels, and I was very anxious to keep it going during the crisis, it it would be intact when the war was over. I never had any thought ay or the other of keeping any one out of the army or forcing any one t; my whole viewpoint was on the organization in which I had worked cally all my life.

By " petty persecution ” I referred to the fact that people active in the Y. P. S. L. would be discharged and hauled before local tribunal; like in Baltimore some police captain ordered some S. L. not to hold any meeting. In Staunton, Illinois, a self-appointed ice committee put a padlock on the Y. P. S. L. headquarters and ordered not to hold any more meetings and tried to beat up their members We subjected to that almost everywhere, mainly by those self appointed so-called law and order organizations.

I don't think we had any Y. P. S. L. organizations south of Missouri during June and July of 1917. The Houston or San Antonio league was zed to the best of my recollection in the winter of 1917 and '18. There ever a war picture displayed in my room; did not like the picture; did ant it around; have not ever distributed a single one of them and would splay it anywhere. 1y conscientious objectors came in to see me, but I would say that not than one out of ten would file this conscientious objector affidavit, and Uly it was filed in addition to some other claim for exemption; it was s a protest pure and simple. Many members who had other claims for rge insisted on filing that along with the claims for discharge, although vere warned that the filing of this claim might jeopardize their claims

other matters. sschmidt was not in Chicago in the summer of 1918. He never said ing about registering in 1917, he was not subject to registration then. me here in the summer of 1917 and never said anything to nie about sohject until shortly before he left Chicago for the east; he told me he was going home because he wanted to register before his own local

board in New Jersey, and the time was coming soon when he would har register. He knew the people there and that was the place he warre

register. That was all he told me when he left some time in March, 1384 The Socialist and my personal individual viewpoint clashed

violently on the subject of whether or not I should register.! always been taught that war was wrong, and believed it. I thought that i Congress passed a law establishing the worship of a golden image, it be my conscientious duty not to obey that law, and I felt very much the way on the one side on the subject of conscription. On the other hand, ever, I was a Socialist, who wanted a changed condition, but want it be methods. I knew they counseled obedience to all laws, and especially organization we had to; we felt we were obliged by our very existence political party to obey all laws. Between these two viewpoints there is a chasm, and the period of doubt I expressed there in May and up to the ning of June was a study between those two conflicting viewpoints in my mind. I could not advise anyone to register or not to register, because I not clear in my own mind.

The matter of endorsement of holding 4th of July mass meetings personal letter purely, and I never communicated its contents to either Berger, Mr. Tucker or any other defendant. The People's Council bad relationship to the Y. P. S. L. except in this, that some of the Y. P. & sent delegates to the people's body. There was no relation between the came of Socialist Conscripts and the People's Council, neither organization

recognized the existence of the other. The Y. P. S. L. sent delegata 1385 the Council of Socialist Conscripts, the same as the Socialist Party

delegates there. I don't know as you could say the party at Milwa was opposed to the Y. P. S. L., but many prominent members were. Jr. Bere was never friendly to that organization; his own daughter nerer joined it opposed it that far.

Concerning the exhibit referred to which was examined in a room a eighth floor of this building, I got up there about five or ten or 15 min past six, Thursday evening a week ago, and left for supper about seren en and the exhibit must have been there then. There was some discussion to the authenticity of the postscript; I absolutely denied that it was writing; I have never written that postscript and I told you so. I was the when you and Mr. Plummer talked about that. You said, as I remember, ti we wanted to look over these exhibits and particularly this one with postscript; there is some discrepancy there; we deny its authenticity anl want to examine it in daylight; that is as near as I can remember just v you said. Mr. Plummer said that was all right, you had better have Cine or Stedman perhaps make the request and then they can take them over their oflice and look it over, that they were the property of the court and of the prosecution, something of that kind. Then we went out to supper returned with a court stenographer and the exhibits were in a pile there, a la

number of folders with letters enclosed, 500 or 600 at a rough 1386 about 50 packers, folders filled with letters that had been taken fr

the National office in December, 1917, some with letters of my own them. And the stenographer took the notes and you dictated most of points of the various exhibits and then I dictated for a little while. I ask Mr. Rooney for the scrap book. Another time when we asked for the oriza of this code used here Mr. Rooney said they must not use it and he gave s phostostat copy of that code. The letter of November 2nd, I don't kiv if it was Exhibit No. 7, was one of the first dozen we wrote; each exi was picked up and laid down in its pile, and was there at the time we lie as far as I know, certainly. The next morning I saw you go over to the of Federal men sitting here, but did not hear your conversation with the gentlemen.

Recross Eramination by Mr. Fleming.

I was up there before supper between 6:15 and 7:00; after supper betwe about 7:45 and I think 9:30. All of our time both before and after sump was givn over to the actual exhibits. The 500 or so other letters were opene I was looking through those while Mr. Johnson was dictating the first 21 60 of the exhibits. Only those letters that referred to my particular enl the case were dictated, and those were the only letters we even saw. Y Rooney brought the exhibits into the room where Mr. Johnson and I were.

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