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.

17

10. That on or about the 20th day of May, A. D. 1917, and each day thereafter to and encluding 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, Benjamin 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 of the Socialist Party at to-wit 340 Bridge Street, in said City of Grand Rapids a quantity to-wit, one thousand of the said leaflets hereinbefore described, to-wit, "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 Glenn G. Fleser, Benj. A. Faulkner, Glenn H. Pangborn, 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. Callahan 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 Grand 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 Presi dent 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 to say

18 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 ther 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 31st birthday and as such subject to 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 Unted States and the drafting of the male persons aforesaid found to be qualified and subject thereto into the military service of the United States as provided in said Act. Proclamation and Regu lations 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.

(Sgd)

MYRON H. WALKER,
United States Attorney.

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 Rapids this 14th day of September, in the hear of our Lord one thousand nine hundred and seventeen.

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.

19 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 the 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. (Signed) ADOLPH GERMER.

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. (Signed) ADOLPH GERMER.

Subscribed and Sworn to Before Me This 9th day of April, A. D. 1918. (Signed) SWAN M. JOHNSON, Notary Public.

(Seal)

20

And be it further remembered that thereafter on the same day, by leave of said court, the said defendant, Adolph Germer in his own proper person and by Stedman & Soelke, his attorneys, entered his certain additional and amended plea of former acquittal to the indictment in said cause, in words and figures as follows, 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

forth in the indictment in this case and the same document in words and 22 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;

66

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 St. 23 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 American 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 defendant 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.

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 despotism in this measure to wreck the whole fabric of American democracy." This leaflet contained excerpts from a speech of Senator Vardaman, excerpts from a speech of Isaac W. Sherwood, Member of Congress, excerpts from a speech of Daniel Webster against conscription, and in the heading of this leaflet there was large type, "Are we descendents of the men who left their bloody footprints in the sand at Valley Forge?" Then in large type, "What is Conscription?", then small type followed in large type "To Wreck Democracy." This leaflet was circulated in Grand Rapids, Michigan, up to June 5, 1917.

24

8. What the majority report entitled "Proclamation and War Program" was signed by Victor L. Berger, a defendant in this case, and that he (Berger) was a member of the National Executive Committee of the Socialist Party of America all of which was offered in evidence in the Michigan case.

That evidence was offered and admitted that various persons received copies of articles published in the American Socialist prior to June 5, 1915, and the pamphlets "Price We Pay" and "Proclamation and War Program," which were distributed on the streets and in All Souls Church in Grand Rapids, Michigan, prior to June 5, 1917; that evidence was introduced that Fleser made declarations against registering persons on June 5, 1917, in the military forces of the United States; that the declarations attributed to Fleser were made before the said fifth of June, 1917;

That there is evidence that this defendant had been in correspondence with Glenn Fleser and Benjamin Bloomberg regarding the sale, delivery and distribution of the American Socialist, "Proclamation and War Program" and "Price We Pay," and had caused a large quantity of the same to be sent to Bloomberg and others for distribution, which correspondence and sale of literature took place between the first day of April and the twenty-sixth day of May, 1917;

25

That the national executive committee men at a meeting of the national executive committee discussed the "Proclamation and War Program" at a meeting held on the 6, 7, and 8 day of July, 1917;

That various books and pamphlets were, at various times, published by and sold by the American Socialist Party; that various economic and sociological articles were circulated by the American Socialist Party, and that the circulation department or book department of the American Socialist Party was under the direction and management of this defendant, the same covering a period prior to the first day of April, 1917, up to and including the present time;

That evidence was introduced tending to show: (a) that this defendant was national secretary, (b) that he attended the National Convention, and (c) that the Proclamation and War Program was issued at said convention and by the defendant, as secretary, circulated, (d) that he had charge as national secretary of the American Socialist, (e) that said paper published the articles "Proclamation and War Program" and "The Price We Pay," as pamphlets, being the same articles attributed to this defendant, all of which are set forth in the indictment in the case at bar, (f) that he attended all the meetings of the national executive committee from April first, 1917, to June 5, 1917, (g) that he corresponded with certain defendants in the Michigan case for the purpose of selling and distributing the same, (h) that he disapproved of the entrance of the United States into the war, (i) that the evidence admitted covered the period of from April 6, 1917, up to and including part of

26

And in addition thereto a large amount of oral evidence as to the manner and method of operating the national office of the Socialist Party, persons employed at the national office, their various duties, and their relationship to this defendant as national secretary;

That the publication of the American Socialist under the editorship of Engdahl was pursuant to an understanding with this defendant who knew of the general circulation of the American Socialist; that upon orders and requests from certain of the defendants in Grand Rapids, Michigan, the American Socialist and the pamphlets "Price We Pay" and "proclamation and War Progress were wrapped and shipped by Charles Sherman, who had charge of the circulating department, to certain of said defendants in Grand Rapids, Michigan,-same being prior to June 5, 1917;

In the case in Michigan the indictment contained three counts but was only submitted to the jury upon the first and second counts.

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

Adolph Germer, being duly sworn on oath deposes and says he is the person whose name is ascribed to the foregoing amended plea of former acquittal; that he is familiar with the contents of said plea of former acquittal, and that the matters and things contained therein are true in substance and in fact. ADOLPH GERMER.

Subscribed and sworn to before me this 21st day of October, A. D. 1918. A. J. THORAKER Deputy Clerk, U. S. District Court.

28 Be it further remembered that thereupon the said United States of America by Mr. Charles F. Clyne, United States District Attorney in said cause, then and there in open court demurred to said plea as amended of former acquittal of said Adolph Germer in said cause, which said demurrer the court after argument of counsel and due deliberation then and there sustained. A copy of the decision of the court in sustaining the demurrer of the Government to the plea of former jeopardy and in overruling the demurrer of the defendants to the indictment, is hereto attached.