Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-23

thing to say as to why sentence should
not be imposed.
For fully minute none of them spoke
Then Gompers advanced a step, and in q
slow voice began to speak
He showed no emotion. made no pes
lures His hands were behind him. and
the only motion he made was to bow
Slightly when he said your honor"
AS his speech progressed he seemed
to warm to his subject. Before he had
bowed finally to the judge his face was
slightly red and his voice showed he was
laboring under some stress.
Court Listens Intently.
On his right was Morrison, who watched
him intently. On the other side was
Mitchell, who gazed at him earnestly.
Except for the even pitched, sustained
voice of Gompers there was not a sound
in the room.
Judge Wright leaned back in his chair.
With eyes partially closed he listened
with interest.
Gompers remarks had no regret in
them, except, as he expressed it, that the
struggle against capital, carried on by
labor, should be brought to the present
position of labor by the president of the
American Federation of Labor, and bore
the taunt that the court had bridled
freedom of speech.
Gompers Addresses Court.
Mr. Gompers said:
Your honor. l am not conscious at any
time during my life of having violated
any law of the country or of the state in
which l live. / would not consciously
violate a law now or at any time during
my whole life.
1T is not possible that under the cir
cumstances in which | am before your
honor this morning, and after listening to
the opinion you have rendered, to either
calmly or appropriately express that
which have in my mind to say But, sir.
| may be permitted to say this, that
the freedom of speechand the freedom of
the press have not been granted To the
people in order that they may say the
things which please and which are based
upon accepted thought, but the right to
say the things which displease; the
right to say the things which may convey
the new and yet unexpected thoughts; the
right to say things, even though they do
ing utterance to any expression which
may do d wrong if he is by an injunction n
enjoned from 50 saying.
1T then Will devolve upon Judge upon
the bench to determine in advance d
speech and in print.
There is much that ] should like 10
say. / feel that ] cannot say it now, but
if your honor will permit me, / will say
this:
Why Denial Was Not Entered.
Your honor has, in the course of your
opinion, accepted the testimony adduced
by the Bucks Stove and Range Company
accepted IL as evidence and laid much
stress upon the fact that the evidence is
not denied: and upon the failure TO deny,
l can readily understand it must be ac-
cepted as having been admitted.
But your honor will see the situation.
Supposing some citizen were brought be-
fore a court charged with crime-aye.
even murder-and If advised and believing
that the judge sitting upon the bench
would undertake to proceed with the trial
OF the defendant without submitting such
a case TO jury, if the defendant were adj
vised that the judge. in the exercise OF
that function, violated the Fundamental
constitutionaily guaranteed rights OF the
citizen that it was not requisite on his
part 10 enter any defense. and that in the
/ last analysis the higher courts would re-
verse the decision OF the judge upon that
| ground. and therefore entered neither de-
NAL nor offered evidence In rebuttal tt
/ that presented by the prosecution.
1t is true that the Judge might hold
CONTINUED OF Third Pase)