New-York tribune., 1918-05-07
Judge Landis Permits In
PRODUCTION of Pamphlets
to Prove Sabotage
Covert Threat Is Made
Article in Latest Official Or
gan Is Addressed to
Prosecution

Workers of the World leaders on
charges of seditious conspiracy here
to-day when Judge Lands overruled
attempts of counsel for the prisoners
to have evidence ruled out.
The defence objected to the admis-
sion of pamphlets put out by individ-
ual members shortly before the Ameri-
can declaration of war, but not in
dorsed by the organizations general
officers. 1t was argued that the de-
PENDANTS could not be bound by the
acts Of individuals, but Judge Landis
found that these acts, taken together,
built up the mental impression which
the organization sought to give.
Later the defence objected to the ad-
mission of testimony concerning publ
cation of pamphlets before the period
covered by the indictment. These
pamphlets were several thousand cop
les of the Magazine Sabotage" pub
lished at Spokane, Wash. The court
ruled that evidence should not be lin
tied to the period covered by the in
dictment.
Opposed War With Germany
Showing the contrast between union
labor and the 1. W. W., the prosecution
put in evidence an I. W. w. pamphlet
published in February, 1917, which mad
on one side of page g. loyalty resolu-
tion of certain unions and on the other
side an appeal to fight only in zone
struggle against our great enemy
the capitalist" The appeal declared all
wars were evil, but war against Ger
many was to be particularly opposed.
A summary of casualties in Europe
was printed, with the comment: "This
is one result of the stupidity of
Europe's working classes. Who will be
responsible if America suffers similar
casualties ?" The appeal was headed
"Warning" in large letters.
While Attorney George Vanderveer
for the defence was arguing to-day on
the admission Of the evidence referred
to, the defendants were reading copies
of the last issue Of "The Industrial
Worker" published in Seattle.
Covert Threat Against Court
The "wobblies" were especially in
terested in an article by H. L. Vaney,
addressed "to the gentlemen of the
prosecution" This was an attack on
the trial that contained a covert threat
against Judge Lands and the jury.
J. A. MacD onald, one of the defendants,
was editor Of "The Industrial Worker"
until arrested. Excerpts from the
article follow:
1--WE are now on trial for our life
Every morning now, our brave boys file
into your court to listen to the droning
mockery of your justice. In few more
weeks--perhaps few more days-thc
farce will be over and we shall hear
the verdict. What will it be?
eff your court shall return verdict
of guilty against the l. w. w. we shall
know what it means and we shall re-
member
"There are 100000 of us scattered
over the country. There will be 100000
of US whether your verdict be innocent
or guilty, for l. W. WIS never lay
down. We ask you, gentlemen of the
prosecution, to think carefully what
you are doing before you send Hay
wood and our leaders away to your
prisons"
Tell Of Printing Pamphlets
William Cahill, member of a lob
printing establishment in Chicago,
testified that he had printed more than
100000 stickcrettes for the l. w. w.
These were designed by Ralph Chaplin,
one Of the defendants, whose pen name
is "Bingo." Many of them advocated
sabotage.
Frank Quinn, an employe of the
Western Newspaper Union, which
printed "Solidarity" from March until
September, 1917, was on the stand for
brief period during the morning ses-
sion. In reply to a question by Claude
Porter, special prosecutor, Quinn said
his concern was not anxious to print
the copy" sent them by the l. w. W.
writer's and had told Haywood they
preferred that he expedite the erection
in Chicago of his printing plant. The
Western Newspaper Union had been
doing the work while the "wobblies"
moved their publishing bureau from
Cleveland to Chicago.
On cross-examination Mr.. Wander
veer asked Quinn: "You told Haywood
you wouldn't print anything seditious ?"
"Yes"
"And he told you, didn't he, that he
wouldn't have anything seditious to
print"
eyes"
Sabotage in Picture Theatre
Edwin M. Smitheram, cashier Of
Spokane printing establishment, identi-
fed copy of a pamphlet bound with
red cover and entitled Sabotage" as
work done in the plant he works for.
lie said the order for printing the
booklet was given bv a member of the
l. w. W. local in Spokane. This par
ticular work on sabotage, which has
been pretty generally distributed by the
"wobblies," was written by Walker C.
Smith. Here is an excerpt from it:
"Motion picture operators in Chicago
have used sabotage to advantage to
clear the house of unfair patrons by
dropping vile smelling chemicals on the
floor during the performance.
"This method was used after an ex-
tensivc boycott of the theatre in ques-
ton had been advocated"
Fred Hardy, a "wobbly" employed as
secretary and bookkeeper of the local
l. w. W. recruiting union, was called
to the stand just before adjournment.
He identified the books used at general
headquarters of the |. w. w. to record
shipments of pamphlets and literature
to l. w. W. centres throughout the
country.