The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1917-11-03
YOUMANS OVERRULES
MOTION FOR NEW TRIAL.
THEY SHOW UNCONCERN
SENTENCES IMPOSED CONSIST
OF FINES AND IMPRISoN-
MENT - HISTORY
OF CASE.

Youmans, in federal court, denied
the motion for a new trial and fol-
lowing ringing address on patriot
ism and the duty of Americans to
their country sentenced the 81
Hutchinson county farmers, who
were convicted last week of violation
of the espionage act, to terms in the
federal penitentiary at Leavenworth,
Kan, ranging from one year and one
day to five years. and to pay fines
running from $500 up to $1,000
each. Pending appeal to the United
States court of appeals, Judge You
mans granted an arrest of judgment,
placing the bonds in the case of Au-
gust Friedrich at $1,000 and of the
other 26 defendants $4,000
All of the convicted men furnished
bonds and left for their homes in
Hutchinson county, pending action
on the appeal taken to the higher
court
Room Is Crowded.
In anticipation of the event that
has been looked forward to with so
much interest on the part of the pub
lie. ii was a crowded courtroom that
faced Judge Youmans when he took
his seat on the bench. The case of
the Hutchinson county men was inn
mediately called and counsel for the
defense made motion for a new trial
In one OF the most remarkable patri-
otie addresses ever delivered in a
courtroom in Sioux Falls, Judge You
mans defined the course of true
Americans in time of crisis, explain
ing i'm detail why the court denied
the motion.
Defines Free speech.
The right to criticize the admin
istratiop of the law is one thing; the
violation of the law is an entirely diff
ferent thing" said the Judge. The
right of free speech is one thing; the
right to prevent an officer from per-
forming his duty under the law is an
entirely different thing right
cannot be so exercised as to consti-
tute a violation of the law Even an
act legal in itself cannot be done in
an unlawful manner. The right of
petition and free speech in this were
the thinly yelled pretenses used to
obstruct the enlistment and recruit
ing of soldiers in the service of the
United States. The right of petition
and free speech cannot be used to
violate the law. The mo-
ton is denied"
Defendant Talks.
Judgment was then moved by
United States Attorney Robert Stew
art on August Friedrich and the 26
other defendants. Friedrich was ask
ed why sentence should not be pro-
nounced upon him, and he made a
short talk in which he attempted to
exonerate himself and his compan-
ions. He stated that in his speech
at Trip he had tried to bring his as
sociates to realize they must obey
the law, while at the same time try
ing to secure an equitable quota for
their county under the new draft
law.
In reply the judge stated that
these facts had been brought out in
the trial, that the defendants had
able counsel and that the jury, after
hearing all the evidence, had convict
ed them on three counts.
You passed beyond the point OF
free speech in leading these men,
said the court, and you are the most
guilty of all. "
Display No Emotion.
Sentence was then passed on each
one individually. Sentences were
based on count in the indictment
and sentences on the other two
counts are to run concurrently.
AS all terms to be served in the
| federal penitentiary must be for a
period of over one year, an extra day
drawing lighter terms.
Most Of the defendants received
their sentences calmly, with hardly
display of emotion. Only Friedrich
seemed to realize fully the extent oi
his crime and was visibly agitatet
when the court pronounced sentence
History of the Case.
During last August letters were
sent by the indicted men to county
and state officials threatening to pur
them out of office If they did not de
something to prevent the carrying
out of the draft law In letter SEN
Gov. Peter Norbeck it was stated tha
the signers represented the socialis
party and unless their demands were
attended to would spell sure defea
for his party and little nation" Ar
rests were made by the United States
marshal shortly after the letters hat
been sent out and the Hutchinson
county men were taken to Yanktol
where they were arraigned before Et
White, United States commissioner
All pleaded not guilty and were hell
under $4,000 bonds each to the mex
term of federal court.
A great deal of interest has beei
aroused in the case not only in thi