New-York tribune., 1919-12-06
Communists Face
Anarchy Trials
Magistrate Holds Parfy's
"Manifesto'' Is in Plain
Violation Of the Lac

Five alleged anarchists arrested in
recent raids on the Headquarters of the
Communist Party at 208 Grand Street
and SO Grand Street, Brooklyn, must
stand trial on charges Of criminal an
archy. In a decision handed down YES
terday Magistrate Francis McCloskey
refused the plea for the dismissal Of
the charges which had been submitted
on behalf Of the accused men. In his
written decision, Magistrate McCloskey
declared that the so-called "Commun-
ist Manifesto" which has figured
largely in the evidence, is ain plain vio-
ation of the law defining criminal an
archy."
The five men held are Robert S.
Freil, twenty-five, of 305 South Fifth
Street; Irving Potash, eighteen, of 22o
Roebling Street; John Janschuky,
thirtytwo, of SO South Second Street;
Michael Zwarich, twenty-five, of 66
North Sixth Street, and Taft Noyach,
Of 104 North Portland Avenue. All
these addresses are in Brooklyn.
Defines Anarchy
The hearing was in the Bridge Plaza
Court, Brooklyn. Deputy Attorneys
General Burt A. Rich and Samuel
Burger appeared for the people, with
Archibald Stevenson, counsel for the
| Lusk committee The defense was rep
resented by Attorneys Winter Russell
and Charles Recht
Magistrate McCloskey's decision dis
cusses in detail the legal definition Of
anarchy, which it describes as differ
ing from treason only in that treason
involves an overt act Of force, while
anarchy is a crime if only the pro-
hibited doctrine be advocated.
Criminal anarchy, the decision states.
is "the advocacy, directly, or by word
of mouth, or by writing, indirectly by
organizing, joining or attending the
meetings or assemblies formed for tho
advocacy of the doctrine that organized
government should be overthrown By
force, violence, or other unlawful
means"
decision continues, "in that the aim of
those who commit it is the overthrow
of the state. Treason is. the actual tax
ing of arms against the state, and an
, arcny is the call to take up arms
against the state.'
Manifesto Is Quoted
The decision quotes several extracts
from the Communist Manifesto"
among them the following:
"The call to action has come to or
ganize a workers republic, to develop
a revolutionary movement. to establish
a dictatorship of the proletariat"
This, Magistrate McCloskey's deci-
sion says, "is literally eternal anarchy
amid the noise of endless war; and
if it be not also the doctrine that or
ganized government should be over
thrown by force or violence or by any
unlawful means,' then language has lost
it's force and words are meaningless
The decision states that there was no
question involved of the right to strike,
in the usual sense. The strike, it de-
clares, is a legitimate weapon if law
fully used. but the mass strike, with
its revolutionary implications, is a
wholly different matter that is econom-
ically and legally indefensible.
The argument of the defense that the
doctrines advocated in the manifesto
were aimed at the Russian government
is dealt with in the closing paragraph,
which reads:
"However, even we're the doctrine
advocated in Exhibit No. the Com
munist Manifesto directed not to the
overthrow of the government of this
state, but to the overthrow of the gov
ernment of sister state, or indeed to
| the overthrow Of the organized govern