Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1919-02-26
BERGER AND AIDS
I GET TWENTY YEARS
Bonds Fixed at $25, 900 Pending
an Appeal.
COURT DOESN'T IMPOSE FINES
Pledge Silence to Escape CeIls-Judge
AlschuIer Rules That Berger may
Defend His Seat in Congress
Exceptional Case.

Exceptional Case.
Chicago, Feb. 21-Congressman-
elect Victor L. Berger of Milwaukee
and each of his four co-detendants,
convicted of violating the espionage
act and being in a conspiracy to OBJ
struct the United States from being
victorious over Germany, We're SEN
fenced to 20 years Imprisonment in
the federal penitentiary at Leaven-
worth, Kan, by Federal Judge Kene-
saw II. Lands. They are attempting
to gain heir freedom on $4,000 bonds
each fixed by Judge Samuel Alschuler
of the United States circuit court OF
appeals 1t was expected they would
be able to furnish acceptable sureties
in the form of $250,000 of rea. estate.
In the meantime they were held in the
office of United States Marshal John
J. Bradley.
Demand Silence Pledge.
In granting them a stay from going
at once to prison pending the hearing
of their appeal in the highe; courts
and permitting their release on bonds
after Judge Lands had denied such
plea, Judge Alschuler took from each
a pledge that their lips would be sealed
until their cases are finally disposed
of. The pledge was given without
dissenting voice among the defendants.
"While the minorities have rights"
Judge Alschuler said, "the majorities
also have rights which must not even
seemingly be transgressed. Even
though these defendants may feel they
have a conscientious right to do the
things for which they have been con-
victed, court has decided that they
were guilty of an offense. They must
refrain absolutely from doing those
things and saying those things for
which they have been convicted. Ii
their promise isn't kept until their
cases are disposed of, their enlarge
ment upon bail will terminate. Their
attorneys will be held responsible for
their action"
Berger Can Defend Seat.
After Judge Alschuler had delivered
his ultimatum, there. was whispered
conference between Berger his four
cO-defendants-J. Louis EngdaEt, edi-
tor of the American Socialist; William
F. Krause, secretary of the "Yipsels,"
the draft-evading organization of the
antiwar Socialists; Irwin st. John
Tucker, the Episcopalian rector, and
Adolph Germmer, secretary of the So
cialist party-and their batteiy Of
counsel.
"Does this mean that they cannot
act in their capacities as officers of
the Socialist party?" Harry Cochems,
personal attorney for Berger, finally
asked of Judge Alschuler.
"The Socialist party has not been
on trial. I don't understand thai any
one has been convicted merely because
he is an officer of a political party"
the judge replied.
"An Exceptional Case"
"Well, we understand that Mr.. Ber-
ger is to be given a hearing before
the house committee on privileges and
elections within a week in the contest
for his seat in congress. Does the
agreement apply there?" queried Mr..
Cochems.
"No, there are exceptional cases of
that sort, of course" replied Judge
Alschuler.
"Then we will try to adhere pre-
cisely to your honor's request" was
the promise Of Cochems in behalf of
the defendants.
They Become Meek.
The meek demeanor of the defend
ants in the appeal court proceedings
was in exact contradiction to their at
titude in Judge Landis' court.
Prior to the imposition of the fifth
of-a-century sentence upon each, five
hours they had INDUCED in oraiory-
II five cipating-following the
courts asking if they chad anything
to say" They berated the judge and
jury; used the same utterances which
led to their conviction and fatty de-
clared mo power would ever seal their
lips"
With the trip to the federal prison
staring them in the face they wilted
and agreed to do the thing they told
Judge Lands they never would do.