Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1919-02-20
NEARING IS FREED;
PUBLISHERS GUILTY
Educators Phamphlet Not
a Violation Oh the
Espionage Law
VERDICT PUZZLES
NEW YORK COURT

NEW YORK. Feb. 2o.-A jury IN ths
United States District Court gave a yer.
diet yesterday that Scott Nearing. for
mer Instructor at the University OF
Pennsylvania, committed no crime when
he wrote q pamphlet attacking the war
program called The Great Madness; q
Victory for the American Plutocracy,"
but that the American Socialist Society
when 10 printed and circulated the
pamphlet, violated the espionage law
The society is liable 10 a maximum fine
OF $1,000
The society was convicted upon two
counts. Judge Julius NJ Mayer set
aside the verdict on one OF these counts
as being against the weight OF evidence.
The jury was out for twenty-eight
hours. An hour earlier the Jury asked
the court for instructions as to the YER
diets that might be reached where
there were two defendants accused In
both the counts. The court instructed
that the jury might consider the case
OF each defendant separately on each
count
The request Of the Jury was accepted
by the large number OF sympathlzers
with the defendants as forecasting IN
pleasant possibilities The long DELHI
erations OF the jury had given the i'm
preston that a disagreement was inevi-
table.
When the Jury. through the fore
man, Irving D. thinner, reported that
It had found Nearing not guilty and the
American Socialist Society guilty. Sey-
rkf - al To- he lr
PENDANTS. made a motion for a new trial
for the corporation.
"This verdict creates g situation that
J think is entirely new" said the law
yer.
II should say It was" said Judge
Mayer
The Indictment originally contained
four counts. The first two were dis
missed after the Government had closed
its case. The third count charged the
defendants with attempting TO cause in |
subordinstion and 'disl0yaltE- among re-
cruits. The fourth count charged that
The defendants had tried to obstruct re-
cruiting and enlistments In dismissing |
the verdict as 10 the third count, Judge !
Mayer said that thereshad been no evil |
dence against the defendant corporation
other than connected with the general |
publication and distribution Of the
pamphle, tc indicate that II had been
used with design to subvert loyalty in |
the military and naval forces.
The court gave counsel for the
American Socialist Society and Earl B |
Barnes. Assistant United States Attor-
ney. until March TO flle briefs on the
motion for new trial.
Mr.. Stedman said that the new oues-
tion Of law raised by the verdict went
70 the responsibility Of officers Of a cor
poration for acts performed in what the
defense contends were the routine OF its
'h<Ainess II was argued for the Social
ist Society that hearings pamphlet
was published as a commercial transact /
ton and that It was not read by its
officers.
Nearing and HIS pretty wife had diff
putty In pressing their way from the
,ourt room, because Of the friends who
lircled around them The demonstra-
ion continued as they forced their ,
way slowly through the long corridors !
4 the Federal Building to the street.
The conviction Of the American So
,ialist Society is the FIRST success the
Government has had In this district in
an Important case growing
out Of the war The society is an or
ganization loosely connected with tho
Socialist party. which makes an intel
lectual appeal for converts. The Rand
School. In East Fifteenth street. Is an
enterprise Of the society and 1.-THE
Great Madness" was published by the
Rand BOOB Company.