from a speech of Isaac N. 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

174

5, 1917.

8. That 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 inember of the National Executive Committee of the Socialist Party of America, all of which was offered in evidence in the Michigan case.

66

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 Bloomenberg 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 Bloomenberg 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;

175

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 en176 trance 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 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 Program" 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.

177 State of Illinois County of Cook

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. THOEMAKER Deputy Clerk, U. S. District Court.

178

Endorsed: 6260 U. S. Dist Court U. S. vs. Victor L. Berger, et al. Amd. Special Plea of Former Acquittal. Filed Oct. 21, 1918 at‒‒‒‒‒‒‒‒ o'clock M. T. C. MacMillan, Clerk.

179 And afterwards, to wit, on the 25th day of October, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

The court having considered and being fully advised in the matter of the demurrer of the defendant Germer, to the indictment filed herein against him, It is ordered that said demurrer be and the same hereby is overruled, and the court having heard the arguments of counsel, and being fully advised in the matter of the demurrer of the plaintiff to the plea of former jeopardy interposed by the defendant A. Germer, It is ordered that said demurrer be and the same hereby is sustained.

180

And afterwards, to wit, on the 12th day of November, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge of said Court, to wit:

Come the parties by their attorneys and on motion it is ordered by the court that this cause be and hereby is set for trial on November 25, 1918.

181

And afterwards, to wit, on the 12th day of November, A. D. 1918, the following orders was held and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge of said Court, to wit:—

Come the parties by their attorneys, and the defendants enter their motion for a change of venue, whereupon it is ordered by the Court that this cause be and hereby is continued until Nov. 16, 1918, for hearing on said motion.

182

And afterwards, to wit, on the 16th day of November, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This cause coming on to be heard on the motion of the defendants for a change of venue, come the parties by their attorneys, and the court having heard the arguments of counsel, and being fully advised in the premises, overrules and denies said motion, to which order of the court the defendants by their attorneys duly except, and said defendants enter their motion for an

appeal and are given thirty days within which to file their bill of exceptions; and it is further ordered that the plaintiff have leave to file transcript of evidence in the case entitled the United States vs. Weissensell, to which order of the court the defendants by their attorneys duly except.

183

And afterwards, to wit, on the 19th day of November, A. D. 1918, the following order was had and entered of record in said cause, because the Honorable Kenesaw M. Landis, Judge, to wit:

Come the defendants by their attorneys, and enter their motion for a bill of particulars herein, whereupon the hearing of said motion is continued until November 21, 1918.

184 And afterwards, to wit, on the 21st day of November, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

Come the parties by their attorneys, and on motion it is ordered that the hearing of the motion for a bill of particulars herein be continued until November 25, 1918.

185

And afterwards, to wit, on the 27th day of November, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This cause coming on to be heard on the motion of the defendants for a bill of particulars, come the parties by their attorneys, and the court having heard the arguments of counsel, and being fully in the premises, sustains said motion as to the 6th paragraph and overrules said motion as to the balance, and it is further ordered that this cause be set for trial on December 9, 1918.

186

And afterwards, to wit, on the 9th day of December, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This being the day and hour to which the further trial of this case was on November 27, 1918, continued, come again the parties by their attorneys, and the defendants in their own proper persons, come also the jury who were duly elected, empanelled and sworn herein as aforesaid, and the trial of this cause proceeds, and during the examination of witnesses, the usual hour of adjournment having arrived, it is ordered that the further trial of this cause be continued until tomorrow morning at ten o'clock.

187

And afterwards, to wit, on the 9th day of December, A. D. 1918, the following order was had and entered of record in said cause, before the. Honorable Kenesaw M. Landis, Judge, to wit:

The United States

vs.

Victor L. Berger, Adolph Germer, J. No. 6260.

Lewis Engdahl, Wm. F. Kruse,

Erwin St. John Tucker.

Come the parties by their attorneys, and the defendants in their own proper persons, and the defendants Victor L. Berger, Adolph Germer, J. Lewis Eng

138525-19-VOL 2- 4

dahl, Wm. F. Kruse, and Erwin St. John Tucker, being arraigned upon the indictment filed herein against them, each pleads not guilty thereto, and for his defense puts himself upon the country, and thereupon a jury is called, and during the examination of the veniremen on their voire dire, the usual hour of adjournment having arrived, it is ordered that the further trial of this cause be continued until tomorrow morning at ten o'clock.

188 And afterwards, to wit, on the 10th day of December, A. D. 1918, the following order was had and entered of record, in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This being the day and hour to which the further trial of this cause was on yesterday continued, come again the parties by their attorneys, and the defendants in their own proper persons, come also the jury who were duly elected, empanelled and sworn herein as aforesaid, and the trial of this cause proceeds, and during the examination of witnesses, the usual hour of adjournment having arrived, it is ordered that the further trial of this cause be continued until tomorrow morning at ten o'clock.

189

And afterwards, to wit, on the 11th day of December A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This being the day and hour to which the further trial of this cause was on yesterday continued, come again the parties by their attorneys, and the defendants in their own proper persons, comes also a jury of good and lawful men to wit: James Joyce, Burt Sheldon, Chas. S. Carlson, Chas. Light, A. D. Kennedy, Fred Harford, A. L. Hendee, A. E. Bartholomew, Thos. E. Nixon, H. A. Ballou, Wm. A. Stanton and Seldon Wakem, who were duly elected, empanelled and sworn herein a true verdict to render according to the law and the evidence, and a trial of this cause proceeds, and during the statements of counsel to the jury, the usual hour of adjournment having arrived, it is ordered that the further trial of this cause be continued until tomorrow morning at ten o'clock.

190

And afterwards, to wit, on the 12th day of December, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This being the day and hour to which the further trial of this cause was on yesterday continued, come again the parties by their attorneys, and defendants in their own proper persons, come also the jury who were duly elected, empanelled and sworn herein as aforesaid, and the trial of this cause proceeds, and during the examination of witnesses, the usual hour of adjournment having arrived, at is ordered that the further trial of this cause be continued until tomor row morning at ten o'clock.

191

And afterwards, to wit, on the 13th day of December, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This being the day and hour to which the further trial of this cause was on yesterday continued, come again the parties by their attorneys, and the defen dants in their own proper persons, come also the jury who were duly elected,

empanelled and sworn herein as aforesaid, and the trial of this cause proceeds, and during the examination of witnesses, the usual hour of adjournment having arrived, it is ordered that the further trial of this cause be continued until tomorrow morning at ten o'clock.

192 And afterwards, to wit, on the 14th day of December, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This being the day and hour to which the further trial of this cause was on yesterday continued, come again the parties by their attorneys, and the defendants in their own proper persons, come also the jury who were duly elected, empanelled and sworn herein as aforesaid, and the trial of this case proceeds, and during the examination of witnesses, the usual hour of adjournment having arrived, it is ordered that the further trial of this cause be continued until December 16, 1918, at ten o'clock A. M.

193

And afterwards, to wit, on the 16th day of December, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This being the day and hour to which the further trail of this cause was on December 14, 1918, continued, come again the parties by their attorneys, and the defendants in their own proper persons, come also the jury who were duly elected, empanelled and sworn herein as aforesaid, and the trial of this cause proceeds, and during the examination of witnesses, the usual hour of adjournment having arrived, it is ordered that the further trial of this cause be continued until tomorrow morning at ten o'clock.

194 And afterwards, to wit, on the 17th day of December, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:

This being the day and hour to which the further trial of this cause was on yesterday continued, come again the parties by their attorneys, and the defendants in their own proper persons, come also the jury who were duly elected, empanelled and sworn herein as aforesaid, and the trial of this cause proceeds, and during the examination of witnesses, the usual hour of adjourn ment having arrived, it is ordered that the further trial of this cause be continued until tomorrow morning at ten o'clock.

195 And afterwards, to wit, on the 18th day of December, A. D. 1918, the following order was had and entered of record in said cause, before the Honorable Kenesaw M. Landis, Judge, to wit:—

Come the defendants at the close of the Government's case and enter their motion for an order directing the jury to find the defendants not guilty, whereupon the court having heard the arguments of counsel, and being fully advised in the premises, It is ordered that said motion be and the same hereby is overruled.