Arizona republican., 1918-12-10
TRYING BERGER
FOR ESPIONAGE
LAW VIOLATION
Examination of Jury Be-
gins = Five Defendants
Plead Not Guilty-Ven-
iremen Show Strong Feel
ings
Republican A. p. Leased Wlrel

CHICAGO, Dec. 9.-Victor L. Berger,
elect from Milwaukee,
with four co-defendants, was placed on
trial today in the federal district court
before Judge Kenesaw NJ. Lands, on 4
charge of violating the espionage act.
A plea of not guilty was entered by
Attorney Seymour Stedman. for all the
defendants (Mr. Berger Adolph Germ
er, national secretary of the socialist
party: Irwin st. John Tucker, an Epis-
copalian clergyman; William S. Kruse
and j. Louis Engdahl, socialist propa-
gandist, and selecting a jury began.
Before the noon recess District At
torney Charles F. Clyne had completed
the examination of twelve veniremen
and rendered the panel to the defense.
Mr.. Clyne defined the offense charged
against the defendants as conspiracy
in violation of the espionage act, by
obstructing recruiting on enlistments
in the United States military service.
In his questioning, the district at
torney called the attention to the law
of conspiracy, which he said made any
act of one in the conspiracy, further
ing the object of the conspiracy, bind
ing on all those conspiring.
All Oppose Violation
Each venireman was asked by the
prosecutor whether in his opinion any
man should be permitted, under the
guise of free speech, to violate the laws
of the country, and each man on the
panel replied No Objection to the
word 'guise,' in the question, was
made by counsel for the defendants
and was overruled by the court.
Counsel for the defense questioned
the veniremen at much greater length
and brought in a variety of subjects.
questioning each prospective juror
closely on his attitude of prejudice or
fairness toward socialism and social
lists; conscientious objectors; those
who urged that the nation withdraw
from the war and persons OF foreign
birth, including those born in Germany
and Austria in particular.
The veniremen We're first questioned
by Attorney Stedman, who in all his
questioning laid particular stress on
the provisions of the federal constitu
tion regarding freedom of speech and
freedom of the press. Not a venireman
escaped the question, Are you a mem
Der of the American Protective league
or a similar organization
Says War Changes Things
After Mr. Stedman had questioned
six of the veniremen, Attorney William
A. Guinea, also of counsel for the de-
fense. took up the questioning follow
ing the same lines as his colleague.
J. c. Evans. a wholesale shoe dealer
one of the veniremen was asked by At
torney Guinea: DO you know thai
congress cannot pass a law changing
anv part of the constitution ?''
Il don't know replied Evans. I'll
appears that they did. from what
have heard here" Evans was latel
peremptorily challenged by the de
Tense
]. W. Franklin, another of the pros
pective jurors was challenged by tht
defense. after he had declared that h
did not believe in the right of fret
speech in time of war, and that thu
minority has no right to protes
against the majority in time of war.
Two of the veniremen. after admit
ting that they could not dismiss Ger
tain prejudices from their minds, .wer'
excused from the panel by the court.
Another was challenged for cause b,
| Attorney Stedman, after he had de
clared that he could not be eNactl.
fair to men who opposed staying in th
war. after this country entered it.
When court adjourned. the defens
had exercised two peremptory chal
! lenges. two challenges for cause. an,
the court had dismissed two venire
men.