The Bismarck tribune., 1918-08-05
F0NTANA GETS
THREE YEARSIN
LEAVENN0RTH
Convicted New Salem German
Lutheran Minister Is Sen.
fenced This Morning
MUST GROW A NEW SOUL
Judge Amidon Delivers Ringing
Preachment on American
ization of America
MUST GROW A NEW SOUL

'sThe object of the sentence
imposed upon you is not alone to
punish you for the disloyalty of
which you have been guilty, but
to serve notice upon you and the
likes of you who have been cher
ishing foreignness that the end
of this regime has come; that
the day has arrived when you
and the likes of you must grow
an American soul within your
body. The court finds that you
are guilty under each count of
the indictment, and as punish
ment therefore it is decreed that
you be imprisoned in the federal
prison at Leavenworth for three
years, the sentences under three
cOunts to. run concurrently and
not in separate sequence"
So Judge Amidon in federal
court today concluded a remark
able charge in the sentencing of
Rev. John Fontana, pastor of the
German Evangelical Lutheran
church Of New Salem, convicted
under three counts of violating
the. espionage act Of 1917. Rev.
Fontana is held under a continu-
ing bond Of 500 pending
further action Of, counsel.
Court Denies Motions
The. court denied motions for
an arrest, Of judgment and for
q new trial, such motions being
based upon the same alleged er-
rors as specified in the demurrer
to the indictment. Judge
Knauff in support of9his motions
argued that the defendant had
not been properly indicted and
that the Indictment had not Civ
en- the defense a chance for
fair trial. He spoke Of The senti-
ment which Floats from tongue
to tongue here in Bismarck
which he declared made it i'm
possible for any defendant to re-
ceive fair trial on such
charge.
Judge Amidon's Charge
Having overruled the motions
of the defense, Judge Amidon
summoned the defendant to the
bar and addressed him as fol-
lows:
"You stand convicted Of hav-
ing used seditious language with
intent to interfere with the mill
tary activities Of the United
States government. What have
you to say in your own behalf"
81 am not guilty." replied Rev.
Fontana. 81 never had the in
tention to say or do anything
against the United States. What
| have said has been misunder-
stood or misinterpreted. / had
some sympathy for Germany be-
fore we went into the war. Since
then l have been for the United
States, first and all the time, and
that, means l have been for her
allies. l have been an American
for 20 years. NY wife was born
here and her parents were Amer
leans. My children are citizens
of the United States, and want
to raise them good citizens
Questions from the court
brought out the fact that Rev.
Fontana was 1872 years old
when he left Germany; that he
received part of his education in
Germany and completed it at a
Lutheran theological seminary
at Austin, Mimi, where he grad
uated in 1898, since which time
he had preached in Ohio, South
Dakota and Minnesota. Nine
years ago he came to New Salem.
In all of his charges, Fontana
stated, he had used the German
language service. Whether serv-
ices be conducted in German or
English, he stated, was optional
with the congregation, and his
churches had preferred to hear
their services in German. At the
refaffst hf The court. the defend