The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-07-10
EMMA GOLDMAN
AND BERKMAN
GET TWO YEARS
Reds Found Guilty and
Fined $4,000 for Anti
COnscriptiOn Plot.
JUDGE SCORES ANARCHY
Defendants, Stunned by Pun.
ishment, Are Rushed to
U. s. Prisons.

man, found guilty yesterday of con-
spiracy to violate the selective con-
scrlptIon law are on their way to Fed
tral pententiaries to serve the maximum
sentence of two years Imprisonment
each. Fines OF $4,000 each also were
imposed by Judge julius NJ. Mayer Of
the United States District Court
Judge Mayer after pronouncing sem
tence ordered the clerk Of the court to
send to the Commissioner OF Immigra-
ton the record of tho case. with the idea
Of using 1t to insure deportation of the
two reds" at the end Of their prison
terms.
The trial may have dragged at times,
out when the Judges impressive charge
had been read things moved with a rush
which was bewlldering to the defend
ants. The jury retired. returning in
forty minutes. The Judge passed SEN
tence in five minutes more, committed
them to the marshal at once, and within
few hours both agitators-protestin
at the summary treatment-were on
their way, Emma to Jefferson City, Mo-,
and Berkman to Atlanta.
Judge and Jury Are Guarded.
Few judges or juries ever have been
as closely guarded in all the history OF
the old Park Row building as were
Judge Mayer and the Goldman jury
when the verdict was returned. Fifty
deputy marshals were reinforced by
detectives from Capt. Tunney's bomb
squad. and special agents from the De-
partment of Justice They formed a
Gordon around the Judges bench and
the jury box. A second line stood elbow
70 elbow the length Of the railing tha I
separated the public from the officials OF
the court. Others in plain clothes were
scattered through the court room.
Immediately after the jury had filed
into the court room between two rows OF
guards and the clerk had read their
verdict Of guilty Emma Goldman rose
TO her feet and moved to have the verdict
set aside on account OF lack Of evidence.
The court denied the motion at once
and then Miss Goldman asked the
passing OF sentence be deferred for a
few days until the two defendants might
arrange their affairs. The court like
wise denied this motion, and then the
clerk proceeded with the usual formali-
ties and questions to the defendants.
Woman Protests Sentence.
To the usual question Of why sentence
should not be pronounced Emma an
swered with more than a little feeling:
The very fact that we were refused
delay Of two days in the giving of
the sentence shows that the court is
pretudiced because we are anarchists" I"
she declared "and because we were
frank and stood by our opinions and
because we are going to stand by our
opinions"
Harold A. Content, the prosecutor
whose summing up OF the Governments
Ease went long way in securing the
jury's verdict, at this point told the
court of Berkman's and Goldman's 3
prison records and declared that they
we're dangerous to the safety OF the
public, The Judge then proceeded with
the sentence
We have no place in this country for
tnose who believe the laws may be dis
ooeyed and broken by the choice of the
people" he pronounced. THE Republic
has so far enacted no special act to deal
with those who counsel disobedience of
this particular law. and want my
words and my action to be perfectly
understood and considered by those who
would mock and sneer at the statutes. /
am speaking for organized liberties
The kind Of liberties that our Republic Is
'Wo years In prison and fine OF 1000.
and | hereby impose upon both the de-
endants this sentence and this fine"
"Reds"' Friends Shocked.
Neither Berkman nor Goldman SO much
"a oatted an eyelash when the sentence
was read, but several OF the faithful
te'ainers who have sat day after day
around the table TO cheer and advise
Wem showed signs OF shock. With the
court finished with the sentence and
WIN the order for the clerk to inform
ue Commissioner OF immigration In
regard to the verdict, Emma arose and
"Shea Tor instructions as to an appeal.
Inc defendants may have ninety
oSys IN which to file their appeal" the
court ordered.
:, And we would like to know, your
lunor' whether we are TO have oppor-
UNITY TO appear or are we to be spirlted
away she questioned.
me fullest opportunity will be given
Wv defendants to see their counsel" the
o4I' ruled. You are now placed in the
custody Of the United States Marshal. -
again Miss Goldman asked for a def-
w" ana certain promise OF the privilege
" conhselling with her attorneys MAY
ASK again, please" she questioned "if
may nay not have at least an hour at this
"'"S ~ talk with a legal adviser?"
:, me matter is now in the hands OF
vic MarShal' the court answered.
Emma CritIcIses Court.
~ this point Emma jumped TO her
e' ana with her face scarlet addressed
we court in sarcastic tones that fairly
.,r o' me atmosphere with electric spa rkS
Nlkh TO thank your Honor for this
Nc"ously fair trial" she snapped. ''I
sure history will report this fair trial
G., u likewise history will read that the
,unSh's asked for two days in which
arrange their affairs before being sen.
,a'' and that the court refused this
""nE favor that even the most de.
P,u criminal would have received"
me Judge did not answer and the
c'on, h read In singsong voice the an
I formula that recites that the pres.
, t session OF the court Is completed and
'ouIl closed. Immediately the denu.
''' and detectives began clearing the
"1'' room. while the jury was marched
'hF"ugh the Judges private en-.
~ f"r possibly a half minute
!, i'l,nd and Berkman sat motionless a,
,s.uhhed and then the little group of
s.snns and loyal admirers began the
ceremonies OF saying good-by
Continued on Third PoOe.