Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-03-20
THREAT
TOLD IN TRIAL FOR TREASON

mans was contained in several Of the
quoted passages. Scofings at the food
conservation campaign started by Her
bert Hoover we're read.
Mr.. Kane's address came Immediately
upon the convening OF court at IL o'clock
The session had been postponed from
10 o'clock because of Mr. kane's having
to appear in liquor license court.
"NIost Important Case"
"No more important case than this
have I ever had the honor or responsi.
bility of presenting TO a jury" said Mr.
Kane in opening There has never been
a mere interesting case to the public
IL is an unusual and novel case.
I'm addressing you. gentlemen of the
fury. I will first dwell on the law OF
treason and then upon the indictment.
This case is novel because the United
States has never before been In so seri-
Gus war We have had our wars. but
none has been so serious.
"The law covering treason is an old
one. but just as changing circumstances
change social conditions, 20 do they
change the application OF the law.
"The Constitution says that treason
against the United States shall consist
only Of levying war against the United
states or in adhering TO her enemies OF
in giving aid and comfort to them.
I'VE do not charge that these mer
levied war against this country. The frs
part OF the law has no effect upoI
them.
THE indictment in this case is found
ed on the charge OF ldherng to tn,
enemy and giving comfort and aid L
the enemy--the Imperial German Gov
ernment.
Mr. Kane then went into the die
tionary meaning Of the words in tn
charge
"If man acts for the enemy in an,
way, he is adhering to the euemy---hc Il
acting as a representative Of Germany
The aid given may not be as effective a
intended by the givcr. In the case o
letter or information. they may no
reach the enemy. But the consequence
of the publication of the articles com
planned of IN the Tageblatt and tn,
Scnntagblatt gave aid to Germany anC
weakened the cause Of the Unitec
States.
The question does not rest with th'
| hiding Of the efforts by deception o
| anything OF that sort, even though |
] pe written IN German. ne question J.
that of hostility. Did they print thcs
articles with reasonable intent?
ITO have treason we must have al
/ overt act. with two witnesses thereto
and intent to commit treason. If per
son did nothing TO put forward an act
| even though he did not like America
| there would be no overt act-therefore
/ no treason.
Then there must be intent Ia commi
treason II man in shipyard skimp'
| his work in order to gain more money
there is no treason, regardless of ou'
| opinion OF the man. But if he does sucl
thing in order to hinder the prosecu
! ton of the war he has committed trea
| son. II is the same with a publication
Peace talk Is not treason We ma,
think this a poor time for such talk, bu
! IL made only in the interest OF peace !
/ Is not treason. If ii is done with th'
/ intention OF helping Germany and injur
| ing the United states, however, it Il
| treason
There must he an overt act, whicl
! inevitably will aid the enemy II success
| ful. This must be accompanied by in
tent to aid the enemy.
we now come 10 the indictment. II
| ii there is but one count, covering thirty
nine overt acts. Each count covers III
| publication of reasonable article
news dispatch, caption or headline in tn
Tageblatt or the Sonntagblatt.
The charge is having caused to b
printed. published and circulated certain