New-York tribune., 1918-04-17
i. S. Opens Case Against
Editors of 1.-The Masses

Presentation of evidepce against Max
Eastman, editor of "Thc Masses;
Floyd Dell, managing editor; Merrill
Rogers, publisher; Arthur Young, car
toonist, and Josephine Bell, poet, who
are charged with using the magazine
. before it was suppressed last summer
to obstruct the governments war pro-
gramme and to discourage recruiting,
was begun yesterday in the Federal
| District Court before Judge Augustus
/ Hand The jury was completed yes
terday after two days examination Of
talesmen.
The initial evidence. as presented by
Assistant District Attorney Earl Barnes,
issue of "Ihe Masses" Of last August.
These extracts, tho government assert
ed. tend to prove the defendants en-
tered into conspiracy to induce per-
sons liable to military service to refuse
to submit to registration and to the
draft. The extracts were from articles,
expressing disnpproval Of the conscrp
tion law, letters from conscientious OBJ
jcctors, poems rraising Emma Goldman
as friends Of American freedom" and
cartoons depicting "the physical hor-
rors to be endured by those drafted or
enlisted"
At the outset Judge Hand told the
jurors the defendants were not on trial
for holding views against Americas
entry into the wsr OF for expressing
such views, and that they were to be
regarded as innocent until the govern
ment had proved they were guilty of
violation of the law.
Morris Hi11uuit ord Dudlov E;o1<j' Mo
lone, counsel for the defence, moved
that the indictments be quashed on the
ground they "failed to aver the VIOLA
tion Of any law" The court overruled
this motion, but sustained one that the
first of the two counts in the indict-
ments be dismissed.
The count dismissed charged the de,
PENDANTS with conspiracy to cause or
attempt to cause characterization. dis.
loyalty, mutiny and refusal of dutv in
the military and naval forces of the
United States" The remaining count
on which the trial was ordered to pro-
ceed alleges that, through the publca-
ton Of articles, poems and cartoons. thu,
defendants attempted "to induce per-
sons liable to military service to refuse
to submit to registration and the
draft" civ '''o
While the selection of the final Jurors
was in progress a patriotic demonstra.
ton interrupted the proceedings. A
band' which was playing in City Hall
Park to boom the sale of Liberty bonds
struck up "Thc Star-Spanglcd Banner"
When this air was waited into the
courtroom there was pause. The at
torncys stopped as in Il tablcau. Then
Mr' Eogers, who sat at the defendants
'laol"' stood up His act was cmulated
by MISS Bell, and finally by every one
in the room. who remained standing
until the anthem was finished. The
music. however, was followed bv tho
ringing of big bell in a Liberty bond
booth stand in the park below, and the
lntcrmittent changing of this bell CON
tInucd through the proceedings
len minutes after the jury box had
nec' 'Ilcd Mr.. Barnes began present
jury that qll of the defendants we're
present except. John Reed, a writer
who IS reported to be in Russia. and
IL. j. Gilntcnkamp, an artist, who never
mas been ,apprchcnded. He asked the
jurors to bear in mind that all the acts
complained of were in the nature of
propaganda published in the August,
;HTpFtemner ;,GpF and October numbers of
The Masses" which appeared after
the enactment of the espionage act on
juno 5 last year
The government docs not propose
TO prove that these defendants actual.
y accomplished their purpose" said
Mr.. Barnes in his opening address. at
ls necessary only to show thcv CON
splred to accomplish it. We are not
going to show tncy met in a room and
that Mr.. Eastman said. Nov. let us
consplrc. What we will prove is that
they worked together in common en-
ttcrprlsc to violate the law. Their
august issue containing articles. car