New-York tribune., 1918-10-02
Disloyal Captain,
Now in Cell, Sought
To Aid The Masses
Henkes, Who Refused to
Fight, Sent List of Names
to Magazine
Barnes Closes Case
Many Articles Read into Rec
ord at Conspiracy Trial
of the Editors
Barnes Closes Case

OA kAkC 1AAGOA0
Captain David A. Henkes, OF thc 9Th
Infantry, who was sentenced to serve
twenty-five years in Leaverworth
prison for refusing to fight against
Germany, not only approved OF the
publication Of 1.-The Masses" but also
wrote to the editors Of the paper aug-
gesting tho names Of army officers who
might he interested and subscribe for
the magazine.
This information was given yestcr-
Gay by Major Jackson A. Dykman.
judge advocate general at Ncnkcs's
court martial Major Dykman was
called as witness for the prosecli-
tion in the case against the editors
Of "The Masaes," which is being tried
before Judge Martin r. Manton in the
Federal District Court
After Major Dykman had testified
thnt he had presided at the court
mnrtial Of Henkes, Assistant United
States Attorney Earl Barnes presented
IS evidence tho lettors Ia which
Henkes suggested to the editors OF
"Thc Masces" that they communicate
with the following persons and send
them sample copies Of the msgazine:
Mrs ". D. Griffith, 1916 North Mchi-
gan Street, Plymouth. Ind: Captain
Frederick Gocdecke. u. S. A., 18th In
fantry, st Fort Mcpherson, Ca. and
Captain B. p. Nichlin, L. S. A. Goth In
tantry, Fort Bliss, Tex
Seeks to Show influence
Ar. Barnes hoped to show BY such
testimony and documentary evidence
that Nan Eastman end his co-dcfenG-
ants made every effort to influence
army officers and dissusde them from
the full performance of their duty.
After Mr. Barnes completed his exanli-
nation OF Major Dykman, Clarence
Stesdman, chief counsel for the de-
1ence. eagerlY pursued him on cross-
examination.
Wasn't this Captain Hcnkes a Ger
man," he asked
No believe he was born ir
Indiana His father had been born in
Germany and fought on the Union side
in The Civil War" answered the officer.
What made him a disloysl officer Of
the army? Was it reading THE
Masses p" snapped Mr. Steadman.
II believe he claimed that ne had
relatives III Germany and didn't want
to be sent over there 60 tight them.
He also stated, however, that he vns
not in sympathy with che cause OF the
onlf@d States in entering thu war
Many Articles Arc Read
1los. Of tho dsy was taken an by 1ha
prosecution reading into the record
articles published in "T'he Massen.s Ths
government songht 10 show by these
lhas the defendants had acted together
WITH common understa nding and with
& common medium. The Masses" "a
opstTacf the enlistment Of those who
we're inclined 10 enlist. TO diysnade
irom enlistlng thosa who were jnclinso
20 do SO Voluntarily, and 10 encourages
.hoss WHO xers 40 inclined. s., ycsis,
the dr~fg. - ''@''~@
TWO tolegrarns, one s,n+ te ~ Msx 'qs,le%' 80
man by A. Goldstein srd j. " pr;Sra
or Ne" orleaur, and The Other an a,,s
ever S,N' 10 IS sent h1 Y.zs-nap hir,,n1r
1917. "'-S1o Aph'l 70,
1--WE are anxious 10 lea,n rbas .7ars
VII be taken by organized nsri6s+s ~
svent or conscYIpaioo,3 rez,j tnr frss
Eastman's reply was: ox. .,o,,4,r,.
10 Aovance taken By organisation anS
~" onabla to prediet for thcr,- h1t r
t! reg! sufs e r1otous Resistance v,n,,1.
loi''S any attempt te coUscrio5 for snr-
''c" ID hurope- noys 70
Defence Opena LIS Caso
~ A1t1f VIE PROSECUTION ysa+..q :.
"f. oeadman opened tho dsrnnsa ~, 'S'e ,'
nst'ng mat the government haa fa;,S u
10y 10 establish casc oc ".'S"
npil"cy. "A person may know ~ o",F @
iiraoy' spi,.'y' may sympathize with tha4 co,,
apt.1acv ana desire its success - ss;a ~ ~.
inc5' but that does not ,r,lo =, 4i'e
SoN A1p Party of the consyiracv~ vac
y: ..,,N; Merrill Rogers, bus;ns.s s
~ ~ ne Masses the 6rst v>;+nse ;rsn<teer +
e eno us1enca. testified he sd .neSo rnrrs OF
~, ~ me Graft and had Lten ,,i.aH, ga
niasp ;.s 49,; On cross examination - !, y,
'"SV.@n that he had claimed exa,. nc "a
"a 'ne ground that he was consn;an ,,,nlpilo'i
Juoes Manton had the witna..
pam fhe policy and mission ~ .-'i. *
- 1ssss. lie said il was RIM a., us
"a s'oe iint FOR artists and vr;ters S0a ~
IL saVe them place to air their alsn1. !.
ana thelr views. The monev Wv S,,'' Ss
alsheo, he salc, By subscr}pfions 49,
aohafAona frVxa frierdx os MAJ y,a u s4
The case mi1l Do e,ntinasA ,o.a.r ..
snay reach the jury before TO- rn",ro,. rru
,.s.a--sv,4.,..s.v,-..-..,..-