Pine Bluff daily graphic., 1919-01-09
VERDICT OF GUILTY
 SHOCKS SOCIALISTS ALL ARE CONVICTED
Jury Reaches Verdict on Third Ballot |: Sentence Provides Fine and lmpri- SOnment, or Both.

gfeSSman- elect victor l.. Berger, Of Milwaukee, and four other prominent Socialists charged filth conspiracy to violate the espionage law, which had | been on trial before Federal Judge Landis since December 9, was given to the jury at 1 1 o'clock.
 In instructng the jury Judge Lan- dis defined conspiracy and said that , the government in order to prove it's case was required to show that the alleged conspiracy was first formed and then carried into effect by overt acts of the defendants. He said the 1 law did not require the government to prove each of the overt acts mentioned in the indictments.
 Conspiracy is seldom proved by di- rect testimony because the conspira- tors as a rule do not act openly, but i in secret," Judge Landis said "To show that the defendants acted with a common design is sufficient" The court instructed the jury that if the defendants acted individually and not as a result of conspiracy they | must be acquitted
 | 4 Il of the five socialist leaders tried for conspiracy to violate the espion- age law were found guilty by a jury late this afternoon in Federal court.
 The defendants found guilty are: Congressman -elect Victor l.. Ber- ger, publisher of the Milwaukee Leader.
 Adolph Germer, Secretary of the National Socialist party. William F. Kruse, Editor of the "Young Socialist"
 Irwin St. John Tucker, Editor of !, the American Socialist.
 The specific charges upon which the men were found guilty were deliv- ering public speeches and circulating public article with wilful intent of causing insubordnation, disloyalty and refusal of duty among the mili- tary and naval forces of the United States, and interfering with recruit l ing service and enforcement of the se- lective draft law.
 The men face prison terms of from one to twenty years, a fine of from $1 to $10000 or both, at the discretion of the trial judge.
 Attorneys for the defendant imme- diately presented motion for new trial. Judge Landis fixed January 23 as the date when he will hear argu- ments on this motion. The five de- fendants were taken in custody in the court room, but few minutes later released on their old bonds of $1O,OOO each.
 Seymour Stedman, chief counsel for the defendants, declared that the case will be appealed to the United States | supreme court if necessary to keep his clients out of prison
 f The jury deliberated five hours and fifty minutes before agreeing on it's verdict. Three ballots were taken, the first stood 10 to for conviction. The second II to 1 for vonviction, and the third 12 for conviction. The jury re- tired at II a. m. after receiving the instructions of Judge Landis on the law in the case. The verdict was re- turned in court at 4:50
 1 Unusual precautions were taken by the government to prevent any out break in the court room. Agents of the department of justice searched every man who entered the room be- fore the reading of the verdict.
 The jury halted in it's labors for five minutes at 1145 a. m. out of re- spect to the memory of Theodore Roosevelt. Out in the corridor the defendants, their lawyers and friends were ordered by the bailiffs to remove their hats while the city paid it's re- spect to the former president and statesman.
 l With the exception of Berger, who i appeared nervous, the defendants lis- tened to the reading of the verdict without sign of emotion.
 Victor l.. Berger said: "The verdict is a surprise to me. l was certain that the jury would acquit us on the case made out by the government. I am no more guilty of this charge than 1 the judge on@the bench. have been a citizen of this country and stood for the principles for which I have been tried, for 37 years. Now if I am to be persecuted for them l shall accept my fate like man."
 Adolph Germer said: "The verdict came as shock to me. because I felt all along that we would be set free. We are not discouraged. however, and will keep the flag of socialism flying"
 The other defendants declined to make statements.
 Sketch of Defendants.
 Of the five socialists tried here for violation of the espionage act. Victor l.. Berger of Milwaukee, publisher of the Milwaukee Leader and congress- man-elect, was regarded as the most important. All. however, are promi- nent in the leadership of the socialist | Berger. tall and broad-shouldered, l party in America.
 was born at Nieder- -Rebbuch, Austria Hungary, in 1860, was educated at 1 Budapest and Vienna and when finin- rial reverses overlook his family em- iorated with them to the United l States.
 He edited German language papers and finally established the Leader, nrinted in English. He was pioneer