The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-09-14
DEBS SENTENCED
TO 10 YEARS
IN PENITENTIARY n
Motion for New Trial is Denied
by Court-Out on $4,000
Bail
MOVEMENTS RESTRICTED

Cleveland. o., Sept. 14.-Eugene v.
-Debs, charger with violation of the
espionage act, was sentenced to ten
years in the Moundsville, w. Va, pen
itentiary, on each of three counts of
indictments here today. The sentences
will run concurrently.
Motion sfor new trial was over
ruled and an exemption on behalf of
defendant was allowed, A motion for
the arrest Of the sentence was also
overruled. The court admitted Deos
to $4,000 bail with permission to
leave the northern district Of Ohio
only to 60 to and remain at his home.
The Crimes Of Debs.
Egene v. Debs, four times Socialist
candidate for president of the United
States, was indicted for viola ton Of
the espionage act as an outgrowth Of
remarks he is alleged to have made
in an address on June Is, before the
state convention OF the Ohio Socialist
party at Canton, Ohio.
The indictment containing ten
counts, was returned by the federal
grand jury of the northern ohio dis
trict On June 29 and Debs was taken
into custory the next day.
Then followed legal battle in
which counsel for the defense sought
to quash the indictment on the ground
that the free speech section of espion-
age law as passed and amended by
congress is unconstitutional. Federal
Judge ID. G. Westenhaver who presid-
ed at the trial, overruled this motion
: Judge. Westenhaver is so ruling also
view of the. governments announced
intention Of entering nolle in each
of them. The court reserved decision
on three of the remaining six counts,
and let the following counts stand:
Attempting to cause insubordina-
.tion, disloyalty. mutiny or refusal of
duty in the military or naval forces.
Attempting to oostruct. the recruit
ing or enlistment Oservice of the Unit
ed tates.s ss,,ff9 ,f9,. u
opposing the cause OF the United
States by words. 7i5!@
Concerning the reservation of decis-
ion on the three counts Judge Weston
haver said:
Each Of the three remaining counts,
except pei haDs one Is sufficient In
for mand substance and is unobjec-
tiona BILE on the ground of dupiicity.
amy. contention that the espionage
law is unconstitutional is. in my opin-
ion, frivolous and entirely devoid w
merit"
His Canton Speech.
In the Canton speech Debs was al
legged to have declared that the pur-
pose of the allies in the war is the
same as that of the central powers,
and to have urged his hearers to real
,ize that they were "fit for something
better than cannon fodder" 1t was
charged he declared himself equally
as guilty as Mrs. Rose Pastor Stokes,
recently convicted of violating the es-
pionage law, praised the Bolsheviki
and the l. w. w. and counselled his
audience not to worry over the charge
of treason to the masters"
= Conviction on the counts charged
carries penalty of twenty years i'm
prisonment and $4,000 fine on each
count. ....
United States District Attorney Ed
win S. Wertz is in charge of the gov.
ernments case, assisted by Joseph G.
Breitenstein and Frank B. Kavanagh.
Morris Hillquit of New York, former
ocialist candidate for mayor of New
York, Seymour Stedman of Chicago,
who defended Rose Pastor Stokes, Jo-
seph w. Sharts Of Dayton, Ohio and
Morris Wolf of Cleveland are attor-
neys for Debs. -. -