The sun., 1918-10-02
'DISLOYAL OFFICER
FAVORED MASSES
Approval Of Capt. Henkes
Used Against Eastman and
Reed, Accused Editors.
CREEL FIGURES AGAIN
Head Of Public Information
Bureau Alleged to Have AS
scented to Advertisement.

David A. Henkes. who ceased 10 be
captain In the United States Army on
February 20 when he was sentenced to
the disciplinary barracks at Fort
Leavenworth. Kan. to serve twenty-five
years at hard labor for disioyalty. was
a reader and circulation booster for the
Masses II was disclosed yesterday, at the
trial of Max Eastman. John Reed and
others before Judge Martin T. Manton
In the Federal District Court The de-
PENDANTS are accused OF conspiring 10
violate the espionage law as the result
Of violent campaign against the Gov
ernment's war programme last summer.
Henkes wrote from his home at sl4
Hayes street, San Antonio. on May II,
1917, more than month after the
United States had become hcliigerent,
10 the Masses Publishing Company re-
newing his subscription TO your excel
lent paper He enclosed the names Of
three persons whom he suggested might
become subscribers IL sample copies
were sent to them.
The names submitted by Henkes were
those OF Capt. Frederick Goedccke,
Seventeenth Infantry, Fort Mcpherson,
Georgia Capt b. p. Nicklin. Twentieth
Infantry. Fort Bliss. Texas. and Mrs.
W. d. CHIN. 1915 North Michigan
street, Plymouth. Ind.
Henkes Involved with Bernstorff.
The issues of the Masses preceding
the date on which Henkes renewed his
subscription had voiced opposition to
thu drift OF popular sentiment In this
country to emphatic cspousal Of the
cause OF the Allies. Tho issues that
followed contained articles and cartoons
which attacked the war motives and
methods of this country so bitterly that
the Government seeks to convict those
who took part in the campaign OF a
crime that makes each OF them liable to
imprisonment for thirty years.
Henkes was sent back from France
TO be tried by court-martial at Cover
nors Island He had sent letters to
Secretary Baker and to army chiefs
asking for relief from duty in the war
zone because OF the German parentage
Of his father and the Austrian birth Of
his wife. The severity of his sentence
was due to proof that he had relations
with Won Bernstorfr, had contributed to
German. Austrian and Turkish funds
and had been an active propaganda
for peace at any price.
Henkes was in the Sixteenth Infantry
OF the Regular Army. He had risen
from the ranks during twenty years In
the service.
Calls Halt on Judge Advocate.
Major Jackson A. Dykman. Judge Ad-
I-vocate General Of the army. identified
the signature of Henkes to the letter
addressed to the Masses Publishing
Company. He presided at the court
martial.
Seymour Stedman. chief counsel for
the defendants who had objected to
the admission Of the letter al evidence,
cross-exaniined Major Dykman.
Was this Capt. Henkes a German"
the lawyer asked.
NO" answered Major Dykman. "r
believe he waS born in Indiana. His
father was born In Germany and fought
in the civil war on the Union side"
What made him a disloyal oficer?
Was 1t the reading OF the Massesr
II believe he claimed that he had rela-
tives In Germany and did not want to be
sent over there 70 fight them. He also
stated, however. that he was not in SYM
pathy with the cause OF the United
States In entering the war"
Was the name Of the Masses used at
all In the &C lrt-martialT'
mot strictly in the court-martial pro-
ceedings. but We had further exam!nA-
tons"
Arr Stednan checked the witness. Tie
was not permitted by Judge Mannan to
tell about the supplemental examinations.
though Earl B. Barnes. Assistant United
States Attorney. endeav ored hard TO
bring out testimony along this Tine
Capt. Everts Took the "Masses.o
Capt. T. a. Everts. who vas In uni
form. testified that he was a subscriber
TO the Masses during the period of
which tho Government complains. He
was a Lieutenant stationed at, the
Preside in San Francisco. last summer.
Capt. Everts identified a letter he
| wrote to tho Masses Publishing Com
pany inclosing SIS to meet the cub
scription price and pay for certain books
| distributed by the company. In the
| letter he asked that some Of the litera-
| ture be sent TO Capt. Chiffon OF the
| army. who was then stationed at West
| Point.
The witness said that the August
| September and October issues were sent
to him by expresa These issues were
barred from the malls. He said that
| he bought the magazine chiefly for It's
book reviews and that Its propaganda
had no effect upon him.
! Mr.. Stedman contended unavaiiingiy
against the admission OF the testimony
OF Capt. Everts. Judge Manton upheld
| the view OF Mr.. Barnes that the testi.
mony related to the Governments charge
| that the magazine circu!a ted among men
| In the service and tended to induce dis
| loyalty and mutlny.
Government Closes Case.
Tho Government closed It's case in the
afternoon. Articles and cartoons or
which the charges are based were pres.
ented to the Jury yesterday. Matter ir
the June and July issues. printed before
the passage OF the espionage act. was
admitted rs expressing intent. Ar
| article by John Reed In the June num-
Der appeared TO summarize the attitude
OF all the Masses group. Excerpts from
this follow:
81 voted. for woodrow Wilson mainly
because Wall Street seemed TO be agains
him. He said he would keep US out o.
I war. But he has gone ahead and plunged
us right into Il. He ought to know thai
| the principle OF CONSUMPTION Win not b.
t.t