The sun., 1918-10-05
EASTMAN PLEADS
THE MASSES CASE
Speaks More Than Hour and
Denies Plot to Oppose
Government.
JURY GETS CASE TO-DAY
Court Room Is Crowded With
Socialists From East Side
and Greenwich Village.

Max Eastman pleaded his own case
yesterday before the jury in the Fed
eral District Court. which will decide
whether he and other Socialist editors
OF the Masses attempted to use that
magazine TO obstruct the war pro-
gramme Of the Government.
The promise that the dominant figure
of the Masses group would sum up in
his own defence drew crowd COM
posed largely of men and women So
cialists of the East Side and Green
witch Village that filed the court room
and overlooked in long lines in the cor
ridor of the Federal Building. Emma
Goldman closed her own defence in a
similar proceeding a year ago.
Eastman spoke more than an hour.
He has had much experience as lee
turer since he quit the faculty of Co.
lumbia University. where he taught phi
losophy and psychology. lie read from
a speech OF Daniel Webster in which the
latter attacked the methods of raising
an army during the Mexican war.
He Invites q Compa risop.
Compare those words of denuncia-
ton of militarism with the feeble arti-
cles the Government has cited in the
Masses as evidence that am a criminal
and an enemy Of my country" he. said,
land you must conclude that the free
dom OF speech so graciously allowed
Webster has faded from among the
| cherished ideals of American citizen
ship
Eastman declared that the Govern
ment agents had been unable to produce
evidence or testimony tending to prove
that the editors OF the magazine had
agreed on a policy in opposition TO the
Government. The defence is that all OF
the articles and cartoons which appeared
during a violent campaign last summer
were individual expressions OF opinion
and not, as the Government maintains
the product of a conspiracy in violation
of the espionage law.
The defendant said that it was a case
where a group of Socialists. who had nc
intent of interfering with the Govern.
ment, expressed their opinions in q
magazine which they kept alive SO as to
have an organ In which each could say
what he pleased unhampered by any
policy.
Makes Four Requests.
Eastman closed by making four re.
quests OF tho jurors He put these as
| follows:
First: That you will consider the
sentiments expressed in the Masses op
posing war not in the light Of the situa
ton that now exist but in relation e
things as they were before a single sol
der had put foot in the trenches.
ACKNOWLEDGEMENTS in your mind.
between the deep. dark intrigue which
| the Government seeks to inject into thi:
case and the frank, open way in which
| we wrote our editorials and our oper
| fight in the Federal courts In trying tc
have our mailing privileges restored
| to us.
"Fourth-Exercise judicial restrain
when the Assistant District Attorney
attacks US as anarchists. We are no
anarchists and.we wrote at time wher
the whole country was divided on thu
subjects We were discussing.
| FOURTH ask you to believe ever!
word 1 have uttered in this court room
I am not afraid Of spending the rest o
my life in a penitentiary. l am IA
more afraid OF betraying my principles.
| In summing up for the Government
Earl Il. Barnes. Assistant United State
! Attorney, ridiculed the contention OF tn
defence that Eastman. Floyd Dell. JONI
Reed, Art Young and Merrill Roger
had no intention OF obstructing tn
operation of the draft law in what the.
wrote and pictured.
Judge Manton will deliver his charg
this morning, when the case will go t
the jury.