New-York tribune., 1917-06-28
Delay Refused, Emma Gold
man and Berkman Ex-
anime Talesmen
Judge Censures Man
"Red" Leaders Irrelevant Oues-
tons and Speeches Bring
Sharp Rebuke

Emma Goldman discarded her suit Of
royal purple and her counsel yester-
day and appeared in the Criminal
Branch Of the United States District
Court gowned in a plain black chiffon
dress with collar Of embroidered
white lawn. Accompanying her was
Alexander Berkman, jointly accused of
conspiracy against the selective draft
act
Soon after the two were seated at the
defendants table Miss Goldman's niece,
Stella Comyn Ballantine. entered with
a bouquet Of red roses anI presented
them to her aunt.
dozen detectives were scattered
around the courtroom and others
mingled in the crowd in the corridors
to suppress any demonstration that
might be attempted Guards were also
furnished TO Judge Mayer and 10 Har-
old A. Content. Assistant United States
Attorney, who - prosecuting the case
None was admitted to the trial ex-
cept those concerned in the case These
unusual precautionary measures were
taken because of threatening letters
that have been sent to Judge Mayer and
Mr.. Content.
Asks Postponement
When the case was finally called
Miss Goldman, a red rose in her hand.
walked forward and announced that she
and Berkman had dismissed their coun-
sci and wanted an adjournment that
they might acquaint themselves with
the case. When this request was de-
MED she said:
We wish TO protest against being
subjected to a trial that is nothing
more than farce. Not only is the de-
fendant Emma Goldman not ready,
but the defendant Berkman is physical
ly unit 20 go on with the trial. ! have
here a physicians certificate TO that
effect BerEman recently suffered a
broken leg and is still using crutches
Judge Mayer replied that their law
yer had ample time 10 prepare for
trial. that his dismissal was voluntary
on their part and that the trial must
proceed.
Even i'm Russia. under the Gar. we
would not be treated thus" Miss Cold
man retorted. "Sincc the court orders
the trial % proceed the defendants will
stand mute and refuse 10 participate" ."
But Miss Goldman thought other
wise when the talesmen were being
drawn, and after a whispered confer
cnce with Berkman the latter an
nouEced he would examine the poten-
tial jurors on his own behalf and Miss
Goldman would examine them when he
finished.
During the rest Of the day Rerkman
lcbbled up and down in front of the
jury box, firing questions al the pros
pective jurymen- questions that at
times brought down on him TIE cen
sure of the court. Time and again the
court instructed Berkman not 10 ask
irrelevant or immaterial questions and
net 70 make speeches.
Court Censures Berkman
"You are taking advantage Of your
position" said Judge Mayer. "l warn
you that will stand for no more nom
sense Of that character. ! have given
you considerable latitude. Don't abuse
it"
This last came when Berkman, after
being told he could not ask talesman
if he believed in anarchy, asked If the
man did not recognize IN anarchy "A
social philosophy aimed at bet;ering
the human race.
Twice Judge Mayer refused 10 per-
nit Berkman to continue his eXamina-
ton of prospective jurors because he
persisted in asking prohibited ques-
tions. One occasion was when Berk-
man asked talesman if he was q.
Christian.
"The most improper question ever
heard asked" shouted Mr.. Content IN
protest.
81 wanted to see if he had any preju
d;ces." explained Berkman, who was
born Of Jewish parents, as was Miss
Goldman.
Another time Berkman was told he
could not ask q juror if he believed in
patriotism. The next question he
asked was:
"Do you believe love Of country can
embrace the whole wOrld!'
This also resulted in his being re-
fused permission 20 continue has eX-
animation Of the talesman.
When court adjourned he had exam
ineG eleven talesmen, three OF whom
were excused because he brought out
they owned stocks affected by the war.