New-York tribune., 1918-09-20
Tir11es'' Editorial
Is Cited to Free
Accused Editors
"What Would Happen if
They Put 1t in 'Freie Zei-
tung'?" Lawyer Asks

NEWARK, N. j., Sept. 19.-The trial
of the editor and former publishers,
William Won Katzler and Benedict and
Edwin Prieth, of the New Jersey "Freie
Zeitung" on the charge of conspiring
to obstruct recruiting and enlistment
was finished to-day. Opposing counsel
addressed the jury, and Judge Haight
announced that he would charge the
jury at IL O'Clock tomorrow morning.
motion made by Attorney Otto
Stelfiel to have the jury instructed to
acqult the defendants was denied by
Judge Haight. Mr.. Steiffel said the
government had failed to prove there
had been a conspiracy.
United States District Attorney
Charles f. Lynch, in completing the
summing up of the governments case
which had been caused by his assistant,
Joseph l.. Bodine, caused objection
from counsel for the defence when he
coupled the New Jersey "Freie lei
tung" with THE New York American" )"
New York "Staats Zeitung" and the
Philadelphia "Tagebatt."
During all this time (the summer
of 1870 comment of this kind attacks
on England and the war) was going on
throughout the land" declared Mr.
Lynch. y mean comment such as that
uttered by the New Jersey 'Freie
Zeltung, The New York American.' the
New York Stats Zeitung,' the Phila-
delphia Tageblatt' and others of SIM
liar character.'
Judge Stops Argument
Judge Halght interrupted to say that
as he had ruled against the defence
when 1t attempted to introduce evil
dence TO show what other publications.
were saying about the war during the
period covered in the Indictment and
that as the articles in these papers
were not a part of the evidence. the
government attorneys should not refer
to them IN the argument to the jury.
The New York American" has been
referred to repeatedly during the prog
ress of the trial By both sides. An
article from the editorial page of The
New York American" of December "a
l9l6-a reprinted speech delivered bv
iIoyC George in l90S-was introduced
by the defence as one of the many
thirgs read by the Prieths that had
assisted IN forming their mental atti-
tude toward the war, and which di-
rectly affected their writing for the
"Freie Zeitung"
William Won katzler, the aged editor.
in testifying in his own defence also
mentioned The New York American
IN denying that it was the "Freie
Aeltung' that had referred to ENGLAND
as the Stacker nation"
Attorney Howard McSherry made
the closing argument for the defence.
He said that he would rather shovel
mud than write for newspaper so
long as the espionage act was in force.
Press Writers in Danger
j., m not afraid of an act so long as
the people who passed it are in nower
declared Mr.. McSherry. "But don't
know who will be in power after
PRESIDENT Wilson. There isn't man
writing for the press to-day who ism
IN danger from this act, no matter
What his intentions, nor however keen
ms loyalty to the United States Why.
Arthur Brisbane (one of Hearst's
edltors) wrote to President Wilson
about this act. | know Brisbane He
is not the most brilliant editor in the M
united States, but the best advertised
However, he has grand nerve. He
must have had a beautiful nervo -
write to the President, the man he had
peeh attacking in The New York
Journal with cartoons and editorials
AND then the President wrote 70 b;r,
Inc President said that he wanted
every one to feel free to criticise hin,
act '~ e0piollaSe
But the danger of this law is If
naving 1t applied by men who ought
not to apply it, % ~
.hoy hby picking out a line here and
ameie II would be possible to indict
any present day writer or editor in the
. h 1--WE owe much to a free press. The
other day In New York so 600 or an ono
men were taken into cnstod,, 90 YV'boV tb,t
ninety or one hundred slackers mi@ht
De De caught Every paper condemned
.he Iil, way 1t was done They were en-
u'led to. but, in view of the indict-
meht n of these defendants on the evil
oence against them, would have hes.
ilated to write about that raid.
Ihen look at The New York Times,
peace editorial the other day. Whv.
What 90 YOU suppose would have hap
pened to these men if they had Dut
sucn an editorial in the Freie Zeit
Mr.. Mcsherry pointed out that had
ms clients desired they could have
mace an alliance with German agents
"''eu teS VINO were spend
ing millions Of dollars, but he said his
clients printed the things complained
OF because they honestly believed they
were the facts.
Assistant District Attorney Bodine
SAID the publishers and editors OF the
"Frele Zeltung' would hardly have the
crust to contend that the articles
ihey published about England and
America 5 entrance into the war were
designed to help AAmerica raise an