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United States of America

18. Adolph Germer (impleaded)

PLEA OF FORMER ACQUITTAL.

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And the said Adolph Germer, the defendant in the above entitled cause, in person and by Seymour Stedman, Charles H. Soelke, and Swan M. Johnson, his attorneys, comes into court here and having heard the indictment read, says that the said United States ought not further to prosecute the said indictment against him in respect to the offense in said indictment mentioned, because he says that heretofore, to-wit, on the 12th day of September, A. D. 1917, in the District Court of the United States for the Western District of Michigan, Southern Division, the Grand Jurors of the said United States for said District upon their oaths presented and returned in open court an indictment against him, the said Adolph Germer, which said indictment is in words and figures as follows, to wit:

“ In the District Court of the United States for the Western District of Michigan, Southern Division.

The United States,

V8.

Glenn G. Fleser, Benjamin A. Faulkner,
James W. Clement, Sr., Glenn H. Pang-

No. 1693.
born, Benjamin Blumenberg, Adolph
Germer, Damiel Roy, Freenian, Charles
J. Callaghan, Charles G. Taylor, Claas
Oosterhuis, Martin E. Elzinga, Viva
Flaherty, Vernon Kilpatrick.

INDICTMENT FOR CONSPIRACY,

Sept. 12, 1917-indictment returned by the Grand Jury and filed October 2nd, 1917,--all of the above named defendants except Adolph Germer be in court and place at the bar thereof, waived the reading of the indictment and stood mute; whereupon it was ordered that a plea of not guilty be entered

in their behalf. 11

Oct. 3, 1917,—The defendant, Adolph Germer, being in Court and at

the bar thereof, waived the reading of the indictment, and stood mute; whereupon it was ordered that a plea of not guilty be entered in his behalf.

Oct. 18, 1917.—The Jury sat together in the jury seats and heard the conclusion of the evidence adduced before them, and after listening to the arguments of counsel, and receiving the charge of the court, the jury retired in charge of a bailiff duly sworn and, after being absent for a time, returned into Court and on their oaths say that they find the defendants not guilty as charged; whereupon it was found and adjudged that the defendants are not guilty as charged, and that they be discharged.

UNITED STATES OF AMERICA,

THE DISTRICT COURT OF THE UNITED STATES

For the Western District of Michigan,

Southern Division.

At a stated Term of the District Court of the United States of America, for the Western District of Michigan, Southern Division, begun and held within

138525419_VOL 2

and for the district and division aforesaid, on the first Tuesday of June in the year of our Lord one thousand nine hundred and seventeen, and continued by adjournment to and including the 12th day of September in the year of our Lord one thousand nine hundred and seventeen.

Soustheern Division of Michigan, }ss.

Southern .

The Grand Jurors of the United States of America, duly summoned, empaneled, and sworn within and for the Division of the District aforesaid, on their oath present :

Count 1. That on the eighteenth day of May in the year of our Lord one thousand nine hundred and seventeen, the President of the United States of America duly issued his Proclamation as provided by the Act of Congress approved May 18, 1917, entitled “An Act to Authorize the President to increase temporarily the Military Establishment of the United States”, in which said Proclamation the President of the United States duly proclaimed and gave notice to all persons subject to registration in the several states and in the District of Columbia, in accordance with the Act of Congress approved May 18, 1917, that the time and place of such registration shall be between 7 A. M. and 9 P. M. of the fifth day of June in the year of our Loard one thousand nine hundred and seventeen at the registration place in the precinct wherein they may have their permanent homes; that those male persons who shall have attained their twenty-first birthday, and who shall not have attained their thirty-first birthday on or before the day therein named are required to register, excepting only officers and enlistment men of the regular Army, the Navy, the Marine Corps, and the National Guard and Naval Militia, while in service of the United States and officers in the corps and enlisted men in

the Enlisted Reserve Corps while in Active Service. 12 And the Grand Jurors, aforesaid, upon their oath aforesaid, do

further present, that Glenn G. Fleser, Benjamin A. Falkner, James W. Clement, Sr., Glenn H, Pangborn, Benjamin Blumenberg, Adolph Germer, Daniel Roy Freeman, Charles J. Callaghan, Charles G. Taylor, Martin E. Elzinga, Viva Flaherty, Class Osterhuis and Vernon Kilpatrick, (thereinafter referred to as defendants), late of the City of Grand Rapids, in the County of Kent, in the division and district aforesaid, heretofore, to-wit, on the eighteenth day of May, A, D., 1917, and on each and every day thereafter up to and including to-wit the 5th day of June, A. D. 1917, at said County of Kent, in said division and district and within the jurisdiction of this court then and there unlawfully, wilfully, knowingly and feloniously did conspire and agree together and to and with divers other persons to the Grand Jurors unknown to permit an offense against the United States, that is to say, the said defendants unlawfully, wilfully, knowingly and feloniously did conspire and agree together and to and with said divers other persons to the Grand Jurors unknown to unlawfully aid, abet, counsel; command, induce and procure divers persons whose names are to the Grand Jurors unknown, and who then and there were male persons between the ages of twenty-one and thirty years, both inclusive, and who then and there and thereafter on the fifth day of June, A. D. 1917, were and would be subject to registration in accordance with the regulations prescribed by the President and not in any wise exempt therefrom and upon proclamation by the President and other public notice given by him and by and under his direction stating the time and place of such registration and being under the duty as persons of the designated ages (other than officers) and enlisted men of the regular army, the Navy the Marine Corps and the National Guard and Naval Militia, while in the service of the United States and officers in the Officers Reserve Corps and enlisted men themselves for and submit to regis tration under the provisions of said Act of Congress, approved May 18, 1917, unlawfully and wilfully to fail and refuse to prevent themselves for registration and to submit thereto as provided by the said Act of Congress, approved May 18, 1917, and as provided by the said Act of Congress, approved May 18. 1917, and said proclamation and regulations pursuant thereto.

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

1. That on or about, to wit, the eighteenth 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, Glenn G. Fleser, then and there did distribute and deliver to Monroe Cowens of said City of Grand Rapids and to other persons to the Grand Jurors unknown a leaflet known as Number 5 or the Series of Organization Leaflets 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 thereof. 2. That on or about towit the 20th of May, A. D. 1917, at to-wit said City

of Grand Rapids in said division of said District and within the juris13 diction of this court and 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 of 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.

3. That on or about to-wit, 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 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 to-wit, the 24th day of May, A. D. 1917, at towit said City of Grand Rapids, in said division of said district, and within the jurisdiction of this court, said defendant Viva Flaherty then and there did order of, towit, The Furniture City Printing Company, of said City of Grand Rapids, a quantity, to-wit, Fifteen thousand copies to be printed of a certain leaflet or folder, to-wit, an anti-conscription 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 hereof.

5. 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 fifteen thousand printed copies of said anti-conscription leaflet or folder so-called, 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 “E” and made a part hereof, and then and there did deliver, and cause to be delivered, a quantity, to-wit, fifteen thousand of said printed leaflet or folder last above described, to the Grand Rapids Local-socalled, of the Socialist Party.

6. That on or about to-wit, the 27th day and 28th day of May respectively, 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, Charles J. Callaghan, then and there did distribute, and cause to be distributed a quantity to-wit, one or more, of a certain printed leaflet, entitled, to-wit, “The Price we Pay purporting to by Irwin St. John Tucker, and bearing the imprint, to-wit, “ Subscribe to the American Socialist ", etc., a printed and true copy of which last named leaflet, to-wit, “ The Price we Pay", is hereto attached, and marked Exhibit "C" made a part hereof.

7. That on or about towit, 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 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 City of Grand Rapids, a quantity to-wit, five 14 hundred of said leaflet first above described known as leaflet No. 5, and

entitled and true copy of which is hereto attached and marked “Exhibit A” and made a part thereof.

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S. That on or about to-wit the 20th day of May, A. D. 1917, and each day thereafter to and including to-wit, the first day of June 1917, at said City of Grand Rapids in said division of said leaflet and within the jurisdiction of this court the said defendant, Glenn H. 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 so-called of Said Socialist Party to-wit at 340 Bridge Street of said City of Grand Rapids a quantity, to-wit five hundred 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 thereof.

9. 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 to-wit said City of Grand Rapids in said division of said district and within the jurisdiction of this court the said defendants, Glenn G. Fleser, Benjamin A. Faulkner, Glenn H. Pangborn, and Benjamin Blumenberg or some of them then and there did have and keep and cause and procure to be had and kept for distribution at the headquarters or meeting place of to-wit the Grand Rapids Local so-called of the Socialist Party at to-wit 340 Bridge Street, in said City of Grand Rapids a quantity to-wit, 1000 of the said leaflets hereinbefore described, to-wit the price we pay a printed and true copy of which is hereto hitached and marked Exhibit “C” and made a part hereof.

10. That on or about to-wit the 18th day of May, A. D, 1917, and to-wit each day thereafter to and including the 1st day of June, A. D. 1917, at to-wit said City of Grand Rapids in said division of said district and within the jurisdic tion of this court the said defendants Glenn G. Fleser, Benjamin A. Faulkner, Glenn A. Pangborn, and Benjamin 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, to-wit at 340 Bridge Street in 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.

Count II.

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 Gerner, Daniel Roy Freeman, Charles J. Callaghan, Charles G. Taylor, Class 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 15 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 regulation 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 21st 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 lat certain of said defendants hereinafter named at the several times and aces in the behalf hereinafter mentioned did do certain acts to effect the bject of said unlawful and felonious conspiracy and combination, that is

say: 1. That on to-wit the 26th day of April, A. D. 1917, at to-with, said City Grand Rapids in said County of Kent in said division of said district, and ithin the jurisdiction of this court the said defendants, Daniel Roy Freeman en and there did order and cause to be ordered through, to-wit, the Grand apids Local so-called of the Socialist Party, a quantity to-wit 1,000 war aflets so-called towit a leaflet a leafllet known as Number 5 of the series of ganization leaflet to be issued monthly by the National Office Socialist Party i Chicago, Illinois, and entitled to-wit Proclamation and War Program a 'inted and true copy of which is hereto attached and marked “Exhibit A" id made a part hereof. 2. That on or about to-wit the 17th day of May, A. D. 1917, at to-wit said ty of Grand Rapids in said Division of said District and within the juris. ction of this court the said defendant James W. Clement Sr. then and there d distribute and deliver to James H. White of said City of Grand Rapids id to other portions to the Grand Jurors unknown said leaflet last above ferred to, to which said leaflet No. 5 entitled “Proclamation on War Proam" printed and true copy of which is hereto attached and marked “ Exbit A" and made a part hereof. 3. That on or about the 18th day of May, A. D. 1917, at to-wit said City Grand Rapids in said division of said district and within the jurisdiction this court the said defendants Glenn G. Fleser then and there did distribute d deliver to Monroe Cowens of said City of Grand Rapids and to other rtions to the Grand · Jurors unknown said leaflet last above described, wit, said leaflet No. 5 entitled “Proclamation and War Program" a printed d true copy of which is hereto attached and marked Exhibit "A" and made 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 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 said City of Grand Rapids, to-wit, “All Souls Church", so-called a number wit, 100 of said leaflets last above described, to-wit said leaflet No. 5 enled “Proclamation and War Program" a printed and true copy of which is reto attached and marked " Exhibit A" and made a part hereof. 1. That on or about the 27th day of May, A. D. 1917, at to-wit, said City of and Rapids in said division of said district and within the jurisdiction of s court the said defendant, Daniel Roy Freeman, then and there did place 1 cause to be placed for distribution at a certain place in said City of Grand pids, to-wit, “All Souls Church" so-called a number to-wit, one hundred of d leaflets last above described, to-wit, said leaflet No. 5 entitled “ Proclaman and War Program" a printed and true copy of which is hereto attached I marked Exhibit “A” and made a part hereof.

That on or about to-wit the 24th day of May, A. D. 1917, at, to-wit, said y of Grand Rapids in said Division of said district and within the jurisdic

of this court said defendant, Viva Flaherty did then and there order of wit the Furniture City Printing Company of said City of Grand Rapids, a intity to-wit, 15,000 copies to be printed of a certain leaflet or folder, to-wit, anti-conscription leaflet so called, ending as follows, to-wit, Repeal the escription Act," a printed and true copy of which sai leaflet or folder is eto attached and marked Exhibit “B” and made a part thereof. : That on or about to-wit the 26th day of May, A. D. 1917, at to-wit said y of Grand Rapids in said Division of said district and within the jurisdici of this court the said defendant, Viva Flaherty, then and there did receive quantity, to-wit, 15,000 printed copies of said anti-conscription leaflet or ler so-called last above described ending as follows, to-wit, “ Repeal the Iscription Act," a printed and true copy of which is hereto attached and rked " Exhibit B” and made a part hereof and then and there did deliver

cause to be delivered a quantity, to-wit, 15 000 of said printed leaflets or ler last above described to the said Grand Rapids Local, so-called of said ialist Party.

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