The labor world. [volume] (Duluth, Minn.) 1896-current, 1911-09-30
THE FREE PRESS FIGHT
BY Jack Britt Gearity.

$>>~~>>~>~-s->~
After getting verdict Of guilty
against two members of the Free
Press staff on the charge of con
tempt Of court, the capitalist per-
secutors of the fighting Socialist
weekly paper in this city will begin
the re-trial of four comrades who
were in charge Of the paper during
the famous tin mill strike Of 1909
and 1910 on the charge of seditious
libel.
The prosecution of the paper is a
bald effort on the part of the con-
servative and reactionary element of
the city to crush the paper and stifle
the criticism of the Socialists, the
Free Press having been a thorn in
their side from the day of it's birth.
Working Glass Rally. II
The working class of the city is
rallying to the Socialist party. in
greater numbers, and with greater
enthusiasm, than ever before. and
both of the local capitalist papers
concede the possibility of Socialists
carrying New Castle this fall. This
Is a certainty if our campaign is not
crippled as a result of the terrible
costs involved in fighting these cases
In court. Outside help must be had at
once If the interests are. not to de-
feat us.
The fight of the authorities of this
city against the Free Press is due
to the fact that it championed the
cause of the striking tin workers from
the beginning of the strike to it's
untimely end. Had the paper been
purely. propaganda paper, instead
Of a fighting champion Of the rights
of the working class, it would never
have been attacked by the enemy,
and the workers of this city know
that full we'll. .
Charge Against Paper.
First the Free Press was charged
with violating the publishers law OF
this state, convicted and sentenced
to pay fine and costs totaling $500
Fred H. Merrick, editor of Justice. of
Ptttsburg, who has just been Jailed
for criticizing rotten court, com
planned of the Herald, local capital
1st daily newspaper, which was guilty
of the same offense. The Herald was
acquitted, but ordered to pay the
costs of the case.
The chief of police, Gilmore, filed
a petition with Judge Porter and
four Socialists alleged to be members
OF the Free Press publishing commit
tee of the local Socialist party, which
owns the paper, We're indicted ON the
charge Of seditious libel This is the
first sed1tious libel case in this coun-
try snce 1901. The Judge who tried
that case was thrown off the bench
shortly afterwards.
Inc case was tried at June term of
court in 1910, and the jury voted to
facquit the four defendants, Frank M,
Hartman, c. HI. McCarty, Charles Nc
keever and w. J. White, but disa-
greed over the question of disposine
OF the costs In the case. Under the
law of Pennsylvania a iurv NAV al
sess all of the costs against the coun-
w., the prosecutor or the defendants,
or may divide them between defend
ants and the prosecutor.
Cause of Mistrial.
The jury in the Fress Press case
wanted to divide the costs between
the defendants and the prosecutor,
but Judge Porter refused to stand
for that and the jury then failed TO
agree as to where the costs shou1d
be placed. That Porter called a mis-
trial.
Attorneys for the defendants moved
for quashing Of Indictment. Judge
Porter failed to hand down his opin-
try since 1901. The Judge who tried
lon in time for the case to be retired
at September court in 1910. finally
handing it down two days prior I'd
the opening of December court.
Defendants heard nothing az tha
case until March, 1911. when they
were informed that another effort
would be made to convict them I'M
oer English law OF the seventeenth
century. The Free Press then called
attenuon to the class Character ~
Judge Porter's court, as shown by the
Free Press and Herald decisions.
Contempt Of Court.
Immediately, under direction "a
someone behind the scenes, Chief az
Ponce Gilmore prayed Judge Porter
20 hale the Free Press into court "a
show cause why it shouldn't be- in
!, i gig Tor contempt Of court. oblir-
Ing judge Porter granted the xealon.
cniets prayer. But the Free Pres,
r l'e11I to be caught in any such
trap !1p Porter then ordered the grand
jury 20 indict the three defendants.
which was done. =, = =
NOW, having obtained a verdict 81
guilty In the contempt farce which
VS. sIaIs tried under English common law.
the prosecutio ID trying Tor & con.
Y1ctton on the SD tious libel charSas