The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-07-26
Stirring Up Class
Against Class No
Crime in America
CONTINUED From Page One.)

Continued From Page One.)
were trying toNbring about the reform
were stirring up class against class
That is an argument that l know tC
be at least $500 years old from my
knowledge of history, and it is repeat
ed in every effort to change an exist
ing condition.
A Stock Argument.
"The people who are benefited by
an existing condition always say that
the victims who suffer from it and
who want to change it are stirring ny
class against class. That is stock
argument. If it could prevail we new
er would get any change in any eX
listing condition. The people who are
enjoying an existing condition would
way you can produce change in any
political or economic condition is fol
the people who suffer from that condi
ton to see that the people who are
inflicting the suffering are doing
wrong and speak right out plainly on
that subject.
In Slavery Days.
"All through the campaign against
the evils of slavery the stock argu
ment for Is years in this country was
that those wyho were agitating the
abolition Of slavery were stirring up
class against class. ! have not even
standing to one side as l do, seen a
single campaign carried through that
hnt 1vsr,, ,nNr{ hnc
the thirty years that have been up
on earth with maturity of mind to
know what was going on.
Glass Agitation No Crime.
Now the defendant isn't charged
in this indictment with stirring up
class against class. That isn't any of.
Tense against the law. We haven't
come to the time that the discussion
Of evils though it does stir up class
against class, is forbidden in the Unit.
ed States and made criminal And
when we do then we wilt simply pass
into the crustacean stage. We won't
see any more changes as long as such
a statute is in force. Now let us see
if we can fetch our mind back to what
this defendant is charged with.
DiSmisses One Count.
The court proceeded to state that
the act of June Is covered very mar
row classes-the military and naval
forces of the United States, and that
it prohibited interference with them.
certainly there was nothing in the
speech at Garrison to embarrass the
government in the movement of it's
troops or to give information to Ger
many. Therefore | withdraw the first
count of the indictment from your
consideration said the court, who
proceeded to the consideration of the
second and third counts of the indict-
ment. under which the trial goes to
the jury
IF he really was there to cause or
attempt to cause some soldier or 9TH
er member Of our military and naval
forces to do some act Of insubOrdina-
ton or failure of duty, you must find
him guilty or not guilty of that. You
can't decide whether he made good
speech; where he was fair in his state.
ment OF economic conditions; whether
you approve of the stores company
or not. That is wholly immatecial"
This was under the second count of
the Indictment, charging acts or state
ments tending to create insubO"d ina.
ton or mutiny or failure of duty
among the naval and military forces
of the country.
Lost in Wilderness.
Under the third count, the court in
structed the jury that it must ask
only whether Brinton made certain
statements alleged in the indictment
with Wilful intent to interfere VITA the
recruiting and enlistment service Of
the United States army and navy. III
you wander off into general themes I'll
patriotism you will get lost in will
derness," said the court. But if you
keep your eyes confined to that one
single issue you will not Gavr ~, Oh
trouble. Don't make the MISTAKE Of
thinking that you can cross that dis
lance between the speech and the
crime. You must find the speakers
intent. and it is said that no one
can see what is in anothers mind.
You must Judge by outward appear
ances as to what his inten: really
was" g.
Governments Evidence
The court commented at length Up
on the fact that the governments evil
dence was based upon long hand notes
furnished by witnesses that had taken
down only certain clauses or phrases.
They were not men, he said, who mad
made practice of reporting speeches,
and he asserted that even newspaper
reporters, supposed to have some abil-
ity in this line, often got only few
Of the high spots, and made their re-
ports look like strangers to the party
who knew what he was trying to
say.
the crime of pro6teering, which he
dictment was not used by Rrinton,
then that ends this law suit"
Profiteerino.
The Judge discussed at some length
profiteering. Continuing, he said:
declared one of the most heinous evils
which has arisen out of the war He
spoke of the need of pitiless publicity
to expose this evil and effect cure
He declared it not disloyal profiteer-
ing nor to condemn it, and declared
that the figures used by Brinton were
essentially the same as had appeared
in published reports of government
commissions appointed to investigate
Il can conceive-and that is the only
May Be CamoufIaqe.
Il canconceive-and that is the only
reason why | left this case go to you
at all-that man might use the dis
cussion of profittering as camouflage,
nS,I <IN% IL. ~.