The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-10
MRS. STOKES SEIZED
AT TRIAL OF DEBS
She and Six Others Are Ar
rested After Applauding His
Attorneys Address.
THE COURT Is INDIGNANT
Judge Later Releases Them
but Orders Party to Report
to Him To-day.

CLEVELAND, Sept. e.-The speed with
which a jury was selected and the ar
rest OF seven persons in the court room
f.r npplauding the peroration of the
opening statement OF Attorney Seymour
Stedman OF the defence were features OF
the opening session OF the trial OF Eu-
gene Victor Debs to-day on Ave counts
Of an indictment charging violation Of
the espionage act.
Rose Pastor Stokes was among those
who admitted appiauding and was ar
rested on orders from the bench by
Judge D. C. westenhaver The others
were NJ. 8. Basista, Max Slopoub, Mar
garet Pavey of Akron, Ohio, who is on
Debss bond; Frank Wells. Edgar De-
1aney and J. ]. Fried
The offenders apparently were carried
on their feet by the eloquence of sted-
mans address, which took thirty min
utes.
Judge Westenhaver. however. exceed
fng1y wroth, saw in II only a deliberate
contempt of court, rema~klng that in
all his experience he had never known
so fragrant case. Later he said that
perhaps he had been unduly vexed. but
this concession went only far enough to
allow the culprits their liberty on their
personal recognizance instead of on bail.
as he at first demanded. He ordered
that they appear before him tomorrow
morning a half hour in advance OF the
resumption of the trial proper.
Accepts Challenge.
II came about in this way: Y. B.
Kavanagh, the Assistant United States
District Attorney. who made the open
ing statement for the Government. had
closed by asserting that the jury should
judge Debs by his works.
Stedman accepted the challenge, say
Ing: The defence accepts the challenge.
You shall know hon by his works--by
the works of his whole life"
Stedman sat down amid increasing
applause.
It looked for moment as IL the Incl
dent were to pass unnoticed as the
baiiiffs seemed stunned by an outburst
hitherto unlimited in the austere atmos-
phere of Judge Westenhaver's court.
The Judge. himself known as a dis
r,piinarian among lawyers. passed full
minute in an effort to control his feel
inEs. Then. recovering. he addressed the
bailiff in voice that quivered with
anger.
Bring that man in the brown coat
standing to the left of the doorway to
the bench. Bring any others that you
saw clapping their hands"
Seven persons were brought immedi-
ately before the bar, among them the
cigar factory girl who became the wife
of the millionaire Socialist OF New York,
J. G. Phelps Stokes
Mrs Stokes, plainly clad as usual, and
at liberty on an appeal bond herself after
being convicted of violating the espion-
age act. stood with bowed head.
Admits She AppIauded.
rotund person in a scared to death
voice, the first person questioned by the
Judge, and answering to the name OF
Fried, explained quaveringly that his
hand had been clasped beneath his hat
and that he had made no sound. Mrs.
Stokes. however. answered quietly;
Yes, I applauded."
Mrs. Pavey replied with similar COM
posure. Stedman and w. A. Guinea
who also is an attorney for the defence
argued against holding the culprits. bu,
the Judge insisted that they should APP
pear before him in the morning.
1t required only two hours and fifteen
minutes of actual work to obtain jury.
All were elderly men OF means. Mr..
Stedman said 1t was not the kind OF a
Jury he would have chosen. The Judge &
instructions, however. admitted of little
latitude in challenging for cause. Only
two men were dismissed in this man.
ner, both confessing that 1t would be
difficult for the defence to dislodge their
prejudice against any one who opposed
the Government, however slightly in any
Of its measures to win the war speedily.
The defence had exercised all Of its
challenges in getting rid of veniremen
of civil war antecedents when the jury
was sworn. The Government had three
of its six left. Their examination of
veniremen was brief and perfunctory,
while the defence went fully into the
question of prejudice and political
Opinion.