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IN THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT

OCTOBER TERM, A. D. 1918

No. 2710

VICTOR L. BERGER, ADOLPH GERMER, WILLIAM F. KRUSE, IRWIN ST. JOHN TUCKER, AND J. LOUIS ENGDAHL, Plaintiffs in Error

v.

UNITED STATES OF AMERICA, Defendant in Error

Mr. SEYMOUR STEDMAN, Mr. WILLIAM A. CUNNEA, Mr. HENRY F. COCHEM8, Mr. SWAN M. JOHNSON, Mr. CHARLES H. SOELKE, Counsel for Plaintiffs in Error Mr. CHARLES F. CLYNE, Counsel for Defendant in Error

Error to the District Court of the United States for the Northern
District of Illinois, Eastern Division

TRANSCRIPT OF RECORD FILED JULY 15, 1919-PRINTED RECORD

3

CONTENTS.

Page.

Placita__

Order of Feb. 2, 1918, indictment to be filed and cause docketed_.
Indictment

Order of Mar. 23, 1918, granting defendants Germer, Engdahl, Kruse
and Tucker leave to file demurrers and motions to quash, etc..
Order of Apr. 9, 1918, extending time to file demurrers, motions, etc_-.

Order of Oct. 2, 1918, setting cause for hearing on demurrer and plea of former jeopardy before Judge Evans___

Order of Oct. 17, 1918, approving bond of Victor L. Berger, etc...--
Hearing on demurrer, plea and amended plea of defendant A. Germer_.
Demurrer

Plea of former acquittal..

Indictment against Adolph Germer in U. S. District Court for the
Western District of Michigan, Southern Division____.

Certificates of clerk__.

44, 45

Amendment to plea of former acquittal..

Order of Oct. 25, 1918, overruling demurrer to indictment, etc..
Order of Nov. 12, 1918, setting cause for trial__.

Order of Nov. 12, 1918, continuing hearing on motion for a change of

venue_

Order of Nov. 16, 1918, overruling motion for a change of venue, etc---Order of Nov. 19, 1918, continuing hearing on motion for a bill of particulars...

Order of Nov. 21, 1918, continuing hearing on motion for a bill of particulars__.

Order of Nov. 27, 1918, sustaining motion for a bill of particulars as to
the 6th paragraph and overruling motion as to the balance__.
Trial

Verdict of Jan. 8, 1919.

Order of Jan. 23, 1919, continuing hearing on motion for a new trial__.

Order of Jan. 25, 1919, that affidavit of Thomas Nixon and draft of
affidavit be impounded with the clerk of the court, etc..
Affidavit of Thomas C. Nixon___

Memorandum of Thomas C. Nixon.

Motion for new trial...

Order of Feb. 3, 1919, continuing hearing on motion for new trial.
Order of Feb. 4, 1919, continuing hearing on motion for new trial.
Order of Feb. 11, 1919, continuing hearing on motion for new trial.

Order of Feb. 20, 1919, overruling motion for new trial and motion in arrest of judgment--

Sentence and judgment of Feb. 20, 1919_.

Order of Mar. 25, 1919, enlarging time to file bill of exceptions_.
Order of Apr. 18, 1919, enlarging time to file bill of exceptions_

Order of May 23, 1919, enlarging time to file bill of exceptions___.

Order of May 23, 1919, setting date for hearing on motion for approval of bill of exceptions----

Order of May 26, 1919, extending time to file bill of exceptions_.
Order of May 15, 1919, extending time to file bill of exceptions..
Bill of exceptions, filed Apr. 12, 1919:

Demurrer

Plea of former acquittal..

Indictment against Adolph Germer in U. S. District Court for the
Western District of Michigan, Southern Division__.

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17

5

Stipulation in re bill of exceptions__

Bill of exceptions:

Petition for a change of venue_.

Proceedings had on motion for a change of venue.

Page

70

70

Stenographic report of proceedings had Nov. 1, 1918, in case of United

States vs. August Weissensel..

81

Defendants' request for bill of particulars....

Statement as to the times and places of speeches made by any of the defendants, etc.

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Proclamation of National Committee of Aug. 12, 1914_
Resolution on immediate action of Aug. 14, 1914.

Resolution of May, 1915, on Lusitania crisis....

Resolution addressed to President Wilson____

Resolution introduced in Congress by Meyer London.
Mexican Resolution__

Presidential Platform of 1916..

U-Boat article dated April 21, 1916_.

Testimony of Harriet Parker Thomas..

Testimony of Eleanor Daggett Karsten__.

Testimony of O. F. Branstetter__

Testimony of Bertha Hale Brown.

237

246

250

251

253

256

256

258,270

278

282

284

285

289, 302,305

900

203

300

301,304

305

$21

329

Testimony of Robert Morse Lovett.

Testimony of Marie Ray----

Testimony of John Louis Engdahl_

330, 357

Article headed "Down with the War," etc., from American

Socialist of Aug. 8, 1914_-

332

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