A I did not. That is absolutely false. I told Mr. Light that we were trying to get information that would be useful to the defendants in the motion for a new trial; and that it was on for Thursday morning. I showed him a copy of what had been a preliminary draft for an affidavit which Mr. Nixon was expected to sign, which had not been signed, and which did not purport to be signed; and read him the same statements which appear in this affidavit, in which Nixon purported to state the language of Streeter on these several conversations; and asked him if he recalled any of those conversations; to which he replied, as he did here, "No." I said, "Do you remember anything that occurred between Nixon and this man Streeter?" He said he remembered that Nixon and Streeter had had trouble at the table one day, although he could not fix the day, and that Nixon was sore at Streeter, and called him down. I said, "Do 2150 you remember what Streeter said to him?" "No, I do not remember

what he said." I said, "Do you remember what Nixon's exact language was?" He said, "I do not remember his exact language, but I knew he was angry, because of something he was saying to the jurors about the case." So I asked him if he had any objection to writing down what he had told him, and he said he would not write anything down. I said, "Well, the fact, as you state it, is true, is it not?" He said, "It is." And I said, "That will be equally useful and serviceable, it will not be necessary to write it down." There was no talk about an affidavit, no notary to take an affidavit. All he was asked to do was to go into his house, if he was willing, and write out his own statement and sign it.

Mr. Fleming: Q How many jurors did you call upon?

A Four. I saw Kennedy, Ballou, Carlson and Light. I saw Light in his barnyard, near the village; as I recall it, about a mile from Oswego. I saw Carlson in the same town, Oswego. I saw Kennedy at his sister's home in Chicago, after trying to see him in Woodstock. I saw Ballou at his home at Sandwich, Illinois. I had with me at that time Mr. Murphy, who is the same as a

detective. He is a special investigator. He was there on all of those 2151 occasions. Mr. Murphy had been asked to come down here with me,

because I was connected with the case, and it was assumed the responsibility was serious, and ought to be carried out by some one who was familiar with the whole case. At Ballou's home, besides myself and Murphy, his wife was present, but no one taken by me. At Light's, we drove out with a machine there, and the driver might have been close enough to have overheard it. Mr. Light's two sons were within hearshot, I thought. They were in the barnyard. I remember, while we were talking, we stepped on a board and scared a colt, and one of them was at its head in a second. I think I can give you pretty accurate information as to who called on the other jurors. Mr. Murphy called on Nixon. Mr. Stedman called on Nixon. Mr. Murphy called, I think, on Stanton. I think Murphy also called on Joyce. I do not think Hendee has been seen by anybody, nor do I think Wakem was seen by any one for the defendants. nor Sheldon; possibly one other member of the jury. The Mr. Murphy I refer to is the same Mr. Murphy who did the preliminary investigating work in this case. I saw Light on Tuesday, the 21st instant. I did not have in my possession at that time an affidavit. We had a draft, which is the one re2152 ferred to by Mr. Nixon. I got that from Mr. Stedman's office, I think,

or Mr. Cunnea's, the morning I came in here, Monday, the 20th. I did not call at Stedman's office. I was at Cunnea's office, and Stedman came over about noon. He presented me with a draft which was to be presented to Nixon, and which afterwards, it developed, was not satisfactory to Nixon because it was incomplete, and he wanted to add more; which he did. That is the draft in evidence now. I can find you a copy of the original, I think. I did not say to Light "Here is an affidavit." I did not tell him I had other affidavits of other jurors. I did not tell him I had called upon other jurors. I may have told him I called upon Carlson. I do not even remember that I told him that. I may have told him I called upon Ballou. There was no consequence telling him, one way or the other. I told him what we were trying to get, information for a new trial, candidly and frankly; and we parted pleasantly, I assumed.

Mr. Clyne: Q When you talked with Mr. Light, did you tell Light you talked with this other man, and you did not get anything from him in the way of an affidavit?

A No. If you ask me that-I had talked with Ballou, and I had talked with Carlson. Do you want me to tell you what I got from them? I 2153 did not say anything to Light about what I had gotten from these other gentlemen. I told Light we were seeing the jurors for the purpose of

etting facts in regard to this statement, that Nixon declared voluntarily to e true.

Mr. Clyne: Q Why did you not tell Light that you were not getting anyhere with these other jurors?

A My dear sir, I had only seen one, which was Ballou. I will tell you hy I did not tell Light about this Ballou, whom I had seen. When I left allou, I was satisfied, as I am now, after hearing him the second time, that is pretext of not having heard, him and these other gentlemen, was not the uth; that they all had heard more or less precisely what Nixon has sworn to fear this morning under oath.

Q Why did you not go back and tell this man Nixon that you had been round, and had seen eleven men, and had not been substantiated in a single aing?

A The reason I did not go back to Mr. Nixon was because there was no ccasion for going back to a man who has plainly, simply, and voluntarily Titten out what he has since sworn to, under oath, in this court. I was in

hopes that somewhere I would find the courage to sustain what I knew he 154 had told as true, and therefore I did not, and never had reason to, believe that that gentleman would come quaking into court to sustain, nder oath here, what he had sworn to solemnly before.

Mr. Fleming: Q It never occurred to you that you were seeking to utilize. false affidavit as a basis for a new trial?

A That is not a false affidavit. That is a misnomer for it. It is a stateent made and sustained in the presence of this court by Mr. Nixon's stateent here this morning, under oath and in fear. It is not impeached at all. consider that answer a pretty good one. (Witness excused.)

Mr. Fleming: Mr. Clyne and I are prepared to take the stand on this roposition: Mr. Nixon came up to our office, and made the statement that e was happy in his verdict, and it was the only verdict possible under the vidence in this case.

The Court: You need not. I think it is utterly useless to argue the question of fact.

155 And be it further remembered that thereupon and thereafter on towit, the 20 day of February, A. D. 1919, the court then and there overuled and denied as to each of said defendants Victor L. Berger, Adolph jermer, J. Louis Engdahl, William F. Kruse and Irwin St. John Tucker said notion for a new trial; to which ruling of the court in overruling and denyng said motion for a new trial the said defendants, Victor L. Berger, Adolph Germer, J. Louis Engdahl, William F. Kruse and Irwin St. John Tucker, each by their respective counsel in open court then and there duly excepted. 156 Be it further remembered that thereupon and thereafter the said

defendants Victor L. Berger, Adolph Germer, J. Louis Engdahl, William 7. Kruse and Irwin St. John Tucker, each by their respective counsel moved he court to arrest the judgment of the court herein as to each of said lefendants, respectively. But the court then and there overruled said motion n arrest of judgment as to each of said defendants; to which action of the ourt in denying and overruling said motion in arrest of judgment the said lefendants each by their respective counsel in open court then and there duly xcepted.

Be it further remembered that thereupon and thereafter the court rendered udgment upon each of the verdicts herein against each of said defendants, Victor L. Berger, Adolph Germer, J. Louis Engdahl, William F. Kruse and rwin St. John Tucker, and then and there pronounced sentence on each of aid defendants.

To the rendering of which judgment and sentence the said defendants Victor . Berger, J. Louis Engdahl, Adolph Germer, Irwin St. John Tucker and William F. Kruse, each by their respective counsel in open court then and there July excepted.

157 United States

v.

Berger, et al.

Thursday, February 20, 1919

SENTENCE BY JUDGE LANDIS.

The indictment in this case charged that the defendants conspired, wilfully, o cause insubordination, disloyalty, mutiny, and refusal of duty in the military 138525-19-VOL 246

and naval forces, and, wilfully to obstruct the enlistment and recruiting service of the United States, in violation of the Act of June 15, 1917, and the matter is now before the court for disposition on the verdict of guilty.

The defendant Victor L. Berger resides in Milwaukee and for years has been editor-in-chief of the Milwaukee Leader, a daily paper published in that city. He is also a member of the executive committee of fifteen members of the Socialist Party, and during June, 1917, and succeeding months, he, with his co-defendant Adolph Germer and John M. Work, an editorial writer on the Milwaukee Leader, constituted the emergency committee of the Socialist Party. Adolph Germer, since 1916, has been the national secretary of the Socialist Party, and, as stated above, was a member of the emergency committee. He had general supervision over the national headquarters at 803 West Madison Street, Chicago, and procured the printing of the party literature sold 2158 and distributed from headquarters throughout the United States. He was also business manager of the American Socialist, the national organ of the party, and was in charge of the publication and distribution of that paper and was a frequent contributor to its columns.

J. Louis Engdahl was editor of the American Socialist.

Irwin St. John Tucker was circulation manager of the American Socialist for about six weeks from June to August, 1917. He was also literature director at national headquarters. Previously he occupied an office at headquarters as organizer for the Intercollegiate Socialist Society.

William F. Kruse was national secretary of the Young People's Socialist League, an organization which included in its membership persons between fifteen and thirty years of age.

Throughout the year 1917 Germer, Engdahl, and Kruse occupied rooms in the same suite of offices at headquarters; Tucker was there during the period before mentioned, and Berger kept in touch with headquarters by letters and telephone conversations and by personal visits.

Diplomatic relations with Germany were broken off February 3, 1917. This was followed by the proclamation of the President in March, 1917, calling 2159 for a special session of Congress to take up the question of our differences with the German government. April 6, 1917, the joint resolution of Congress declaring the existence of a state of war with Germany was passed. April 7, 1917, an Emergency National Convention of the Socialist Party convened in St. Louis. This convention adopted what is called the "Proclamation and War Program." At this convention all the defendants save Tucker were present. Amongst other things, that Proclamation and War Program declared: 'The Socialist Party of the United States in the present grave crisis, solemnly reaffirms its allegiance to the principle of internationalism and working class solidarity the world over, and proclaims its unalterable opposition to the war just declared by the government of the United States.

Modern wars as a rule have been caused by the commercial and financial rivalry and intrigues of the capitalist interests in the different countries. Whether they have been frankly waged as wars of aggression or have been hypocritically represented as wars of defense', they have always been made by the classes and fought by the masses. Wars bring wealth and power to the ruling classes, and suffering, death and demoralization to the workers.

"They breed a sinister spirit of passion, unreason, race hatred 2160 and false patriotism. They obscure the struggles of the workers for life, liberty and social justice. They tend to sever the vital bonds of solidarity between them and their brothers in other countries, to destroy their organiza tions and to curtail their civic and political rights and liberties.

"The Socialist Party of the United States is unalterably opposed to the system of exploitation and class rule which is upheld and strengthened by military power and sham national patriotism. We, therefore, call upon the workers of all countries to refuse support to their governments in their wars. The wars of the contending national groups of capitalists are not the concern of the workers. The only struggle which would justify the workers in taking up arms is the great struggle of the working class of the world to free itself from economic exploitation and political oppression, and we particularly warn the workers against the snare and delusion of defensive warfare. As against the false doctrine of national patriotism we uphold the ideal of international working-class solidarity. In support of capitalism, we will not willingly give a single life or a single dollar; in support of the struggle of the workers for freedom we pledge our all.

The mad orgy of death and destruction which is now convulsing unfortunate Europe was caused by the conflict of capitalist interests in the European counries. "In each of these countries, the workers were oppressed and exploited. 161 They produced enormous wealth but the bulk of it was withheld from them by the owners of the industries. The workers were thus deprived of the means to repurchase the wealth which they themselves had created. "The capitalist class of each country was forced to look for foreign markets o dispose of the accumulated surplus' wealth. The huge profits made by the apitalists could no longer be profitably reinvested in their own countries, ence, they were driven to look for foreign fields of investment. The georaphical boundaries of each modern capitalist country thus became too narrow or the industrial and commercial operations of its capitalist class.

The efforts of the capitalists of all leading nations were therefore centered pon the domination of the world markets. Imperialism became the dominant ote in the politics of Europe. The acquisition of colonial possessions and the xtension of spheres of commercial and political influence became the object of iplomatic intrigues and the cause of constant clashes between nations.

The acute competition between the capitalist powers of the earth, their jealousies and distrusts of one another and the fear of the rising power of the 162 working class forced each of them to arm to the teeth. This led to the mad rivalry of armament, which, years before the outbreak of the present var, had turned the leading countries of Europe into armed camps with standng armies of many millions, drilled and equipped for war in times of 'peace.' "Capitalism, imperialism and militarism had thus laid the foundation of an nevitable general conflict in Europe. The ghastly war in Europe was not aused by an accidental event, nor by the policy or institutions of any single ation. It was the logical outcome of the competitive capitalist system. "The six million men of all countries and races who have been ruthlessly slain n the first thirty months of this war, the millions of others who have been rippled and maimed, the vast treasures of wealth that have been destroyed, he untold misery and sufferings of Europe, have not been sacrifices exacted in a truggle for principles or ideals, but wanton, offerings upon the altar of private rofit.

"The forces of capitalism which have led to the war in Europe are even nore hideously transparent in the war recently provoked by the ruling class of this country.

"When Belgium was invaded, the government enjoined upon the people of this country the duty of remaining neutral, thus clearly demonstrating that 2163 the dictates of humanity', and the fate of small nations and of democratic institutions were matters that did not concern it. But when our enormous war traffic was seriously threatened, our government calls upon us o rally to the defense of democracy and civilization.'

"Our entrance into the European war was instigated by the predatory capialists in the United States who boast of the enormous profits of seven billion lollars from the manufacture and sale of munitions and war supplies and From the exportation of American food stuffs and other necessaries. They are lso deeply interested in the continuance of war and the success of the allied irms through their huge loans to the governments of the allied powers and hrough other commercial ties. It is the same interests which strive for imerialistic domination of the Western Hemisphere.

"The war of the United States against Germany can not be justified even on the plea that it is a war in defense of American rights or American 'honor.' Ruthless as the unrestricted submarine war policy of the German government vas and is, it is not an invasion of the rights of the American people as such, ut only an interference with the opportunity of certain groups of American apitalists to coin cold profits out of the blood and sufferings of our fellow men in the warring countries of Europe.

"It is not a war against the militarist regime of the Central Powers. 2164 Militarism can never be abolished by militarism.

"It is not a war to advance the cause of democracy in Europe.

Democ

acy can never be imposed upon any country by a foreign power by force of

arms.

"It is cant and hypocrisy to say that the war is not directed against the German people, but against the Imperial Government of Germany. If send an armed force to the battlefields of Europe, its cannon will mow down the nasses of the German people and not the Imperial German Government.

"Our entrance into the European conflict at this time will serve only to multiply the horrors of the war, to increase the toll of death and destructions and to prolong the fiendish slaughter. It will bring death, suffering and destitution to the people of the United States and particularly to the working class. It will give the powers of reaction in this country the pretext for an attempt to throttle our rights and to crush our democratic institutions, and to fasten upon this country a permanent militarism.

"The working class of the United States has no quarrel with the working class of Germany or of any other country. The people of the United States have no quarrel with the people of Germany or any other country. The 2165 American people did not want and do not want this war. They have not been consulted about the war and have had no part in declaring They have been plunged into this war by the trickery and treachery of the ruling class of the country through its representatives in the National Administration and National Congress, its demagogic agitators, its subsidized press, and other servile instruments of public expression.

war.

"We brand the declaration of war by our government as a crime against

the people of the United States and against the nations of the world.

66

In all modern history there has been no war more unjustifiable than the war in which we are about to engage.

'No greater dishonor has ever been forced upon a people than that which the capitalist class is forcing upon this nation against its will.

"In harmony with these principles, the Socialist Party emphatically rejects the proposal that in time of war the workers should suspend their struggle for better conditions. On the contrary, the acute situation created by war calls for an even mors vigorous prosecution of the class struggle. and we recommend to the workers and pledge ourselves to the following course of action:

"1. Continuous, active and public opposition to the war, through 2166 demonstrations, mass petitions, and all other means within our

power.

"2. Unyielding opposition to all proposed legislation for military or indus trial conscription. Should such conscription be forced upon the people, we pledge ourselves to continuous efforts for the repeal of such laws and to the support of all mass movements in opposition to conscription. We pledge ourselves to oppose with all our strength any attempt to raise money for payment of war expense by taxing the necessaries of life or issuing bonds which will put the burden upon future generations. We demand that the capitalist class, which is responsible for the war, pay its cost. Let those who kindled the fire furnish the fuel.

"3. Vigorous resistance to all reactionary measures, such as censorship of press and mails, restriction of the rights of free speech, assemblage, and organization, or compulsory arbitration and limitation of the right to strike. "4. Consistent propaganda against military training and militaristic teaching in the public schools.

"5. Extension of the campaign of education among the workers to organize them into strong, class-conscious, and closely unified political and industrial organizations, to enable them by concerted and harmonious mass action to shorten this war and to establish lasting peace.

2167

"6. Widespread, educational propaganda to enlighten the masses as to the true relation between capitalism and war, and to rouse and organize them for action, not only against present war evils, but for the prevention of future wars and for the destruction of the causes of war.

"7. To protect the masses of the American people from the pressing danger of starvation which the war in Europe has brought upon them, and which the entry of the United States has already accentuated, we demand:

"(a) The restriction of food exports so long as the present shortage continues, the fixing of maximum prices, and whatever measures may be neces sary to prevent the food speculators from holding back the supplies now in their hands;

"(b) The socialization and democratic management of the great industries concerned with the production, transportation, storage, and the marketing of food and other necessaries of life;

"(c) The socialization and democratic management of all land and other natural resources now held out of use for monopolistic or speculative profit. "These measures are presented as means of protecting the workers against the evil results of the present war. The danger of recurrence of war will