New-York tribune., 1918-04-17

enlistment and recruiting, appeared
after the espionage act became law.
'Ihesc defendants pictured the draft
as a monstrous invasion of the per-
sonal liberties Of the people. They
held up to praise those who refused to
obey the law. They impugncd the mo-
tives OF this country for entering the
war. They published cartoons to pict-
ure the physical horrors which would
have to be endured by those who en-
listed or were drafted. They at
tempted to PERSUADE people not to give
money or other assistance in prose-
cution of the war.
"No question of the Constitutional
right of free speech or free press is
involved. Neither this government nor
this court wishes to deny free speech
or free press to any one, and if the
government does not prove its case it
asks that you acquit them.'
Quotes From August Number
Abraham Kutner, Of the County
Clerks office, appeared as the first wit
ness to Identify the incorporation
pany. The papers showed the company
was organized in 1910 by William j..
Ghent, Andre Tridon and Thomas
Sultzcr, of II East Nineteenth Street.
Among the purposes of the incorpora-
tion were "to awaken the public to a
realization of their perils as we'll as of
their powers" and "to strengthen the
masses against capitalism"
l.. E. Wondcrly, 65S Park Place,
Brooklyn. testified to having printed
The August number Of "The Masses"
It was brought out that the copy was
delivered to him for printing after the
espionage law went Unto effect.
Mr.. Barnes had read various extracts
from the August number One Of
these, by Miss Bell, was poem en-
pathetic picture Of Goldman and Bcrk-
man lingering in prison. Another ex-
pressed Admiration" for the anar-
chists, while an article by Floyd Dell,
headed Conscientious Objectors," eu-
logized those who had refused to be
drafted because of conscientious scru-
pies. The article also quoted at length
letters from objectors in England. who
described punishments suffered by
them for refusing to fight.
The jury is William II. Cochranc, Mount
7s Manhattan Avenue; automobile accesso-
ries Eugene c. Smith, 44S West 15lst Street
salesman Jacob Fcndrick. 9S1 Simpson
Street, dealer in combs Louis King. 939
Harvey d. Bakeslee &c Riverside Drive
agent; James B. Cullen, 3l7 West 12oth
Street signs Charles T.. Bondy. 80 Wa.ls-
worth Avenue. salesman William r. Fercis.
Dobbs Ferry, insurance. l.. Harry IIoaE, 2f6
West 12Sth Street, accountants Henry &.
Frederick, 1873 Prospect Avenue. manager.
Before being accepted as jurors the
whether thcv had been readers of these
publications - "Vereck's Weekly"
"Bull." "Thc Fatherland" or "Thc Cali"
and whether they had ever been
members Of the Peoples Council, the
League, the Ameri-
can Union Against Militarism or the
Emergency Peace Federation. Several
talesmcn said they had sons in the
army or navy and asserted they were
ejudiced" against the defendants.
Mr.. Cullen declared he "bclievcd the
defcndants were wrong in opposing the
war;
Judge Hand asked him whether the
fact the defendants last summer
might have favored an early termina-
tion of the war would influence him in
giving fair verdict.
II start with the assumption that if
they urged people not to enlist after
this country was at war, then they were
wrong" said Mr. Cullen. On his do
claring he was not opposed to Socialists
he was accepted.
Mr.. B!akcslcc was asked by Mr.. Hill
quit: You are are in favor of prosccut-
II favor seeing it through to fin
isf," he replied.
Dorothy Day, contributor to radi-
ca publlcations and an assistant on
"Thc Masses last summer. probably
will be the first witness when the trial
is resumed this morning at 1880
o'clock.