The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-06-22
COLUMBIA MEN
FOUND GUILTY
Phillips and Cattell Now Face
Prison for Anti-Draft
Pamphlet.

Charles F. Phillips and owen Cattell.
the Columbia students accused OF con-
spring to induce other persons not to
register under the Federal draft law.
were found guilty in the United States
District Court yesterday and recon-
mended to the mercy Of the trial Judge.
Julius NJ. Mayer. Their counsel. Morris
HillQuit, moved that the verdict be set
aside. The Judge said he would hear
the motion argued next Friday and con-
tinued bail Of the young men.
The jury was out four and a half
| hours. The defence had thought its con-
tention that the students intended to
make changes In the no conscription
pamphlet they tried to have printed in
May would convince the jury that Cat
tell and Phillips were simply two young
enthusiasts who had acted rashly. This
expectation was fortified by the de-
fences Interpretation of the Judge s
charge. He told the Jury that IL con-
vinced that Cattell and Phillips meant
to eliminate illegal phrases before their
leafiet advising young men not to regis
ter was distributed the verdict should be
acQuittal. This virtually left the jury
with nothing to decide except the Ques-
tion: Were Cattell, Phillips and their
families and friends telling the truth
when they testified that the changes
would be made in the proof sheetsc"
Hillquit's Plea on Date.
In summing up for the defence Mr..
HillQuit asserted that the manuscript OF
the pamphlet was written before May
,kAvS ~ a ES Iii
described Phillips and Cattell as "young,
enthusiastic idealists. ."-antf said -
Happy 10 the nation that has such
young people now and then preaching
the gospel OF peace"
For the Government. Harold A. Con-
tent, Assistant United States Attorney,
pointed out that 1t was on May "a, six
days. after President Wilson signed the
draft bill, that Cattell took the manu-
script to the printer He characterized
tie statement that the youths intended
to eliminate the advice not to register
as an afterthought induced by the pros
pect of Imprisonment.
THE wilful and seditious and brag-
CART conduct OF the defendants at the
time Of their arrest Is in striking con-
trast with their cowardly and apologetic
attitude to-day" Mr.. Content said.
THE Government is not trying TO de-
prive anybody of the right of free
speech, but II intends to prevent the de-
PENDANTS and others like them from de-
flying the law and bringing about a con-
dition Of anarchy.
Even now the people of America are
entitled to agitate the repeal of the con-
scription law, but 1t must be done
through orderly appeal. through the
duly constituted representatives of the
people. Acquittal OF these young men
would be tantamount TO an invitation
to repeat the offence.
II find 1t hard to prosecute them, for
am graduate of Columbia University,
but you may be assured that these
craven towards were never taught such
principles at Columbia"
In charging the jury Judge Mayer
I talked for fifty minutes He said that
! when Cattell and Phillips handed the
manuscript to the printer with instpuc-
tons to publish II they committed an
overt act II the agreement between them
| was unlawful.
! Judge Gave EoOphoIe.
But" he added. ''if you believe that
| at any time before the young men went
to the printer to get the proofs either
of them had intended to change the proof
I
agreement was not perfected and intent
/ 10 conspre against the law was absent,
and If they did not intend to put forth
the matter in its original form they are
| entitled to an acquittal. The case re-
| wolves on the question whether or not
you believe that they changed their
minds as they have testified that they
| did"
Confident that the conspiracy charge
had 20 lad he lAfA
| friends enjoyed chatting bee while
the jury was deliberating The verdict
/ was received In silence. 1t was rumored
! that from the moment of its retirement
the jury stood IL to for conviction.
! Eleanor Wilson Parker of Barnard
College, who was acquitted by order of
Judge Mayer on Wednesday, was in
court yesterday and before the jury re-
ported said
Il feel that in dismissing the lndict-
ment against me the court has also vim
Only technicality separates their po-
sition from mine We are on the same
moral grounds"
Emma Goldman Out.
Emma Goldman and Alexander Berk-
man were indicted by a Federal Grand
Jury yesterday on charge of con-
spring to induce men of military age
not to register under the conscription
law. Their trial will begin before Judge
! Mayer next Wednesday. Miss Goldman
raised $4,000 cash bail, got cut OF the
Tombs yesterday afternoon and set
about obtaining the same amount to free
| Berkman.
REFORM OF LORDS CERTAIN.