The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1919-12-24
BentaII Must
Face RetridI
REVERSAL ON TECHNICALLY
TO BRING HIM BEFORE DIS
TRICT COURT AGAIN

4 Alfred Jacques, United States district
attorney, last night announced that
Jacob O. Bentall, f. rmer Socialist can
didate for governor, will be retired fo1
attempting to cause INSTRUMENTATION
discomfort, mutiny and refusal of duty
IN the military and naval forces of
the United States" at the next term
of United States district court in Min
neapolis in April, after he had been
/ advised that BentalPs conviction haC
ben reversed and the case remanded
for new trial by the United States
circuit court of appeals, sitting in st.
! Louis.
Arguments urging a new trial for
/ Bentall were made at a sitting of the
!, United States circuit court of appeals
/ terday' came on a technicality after
the court had ruled that Judge Page
Morris court had ruled that Judge, had
erred in instructing the jury.
In this instructions, Judge Morris
said "a man could not say he did not
/ int1nd certain thing when that thing
was natural consequence of his acts"
according to the circuit court. This,
the curt held, was a definition of in
tent, which should have been left with
the jury and deprived Bentall of al
fair trial.
Bentall was released from the Grow
Wing county Jail in Brainerd Deem
Der 5, where he completed a sentence
of one year for obstructing the draft,
Having been convicted of advising John
/ Kassube, a laborcr on Bentall's farm
near Litchfield, to ignore the draft
He lost his appeal in this case, al
though it was carried to the United
States circuit court of appeals, and
served his sentence. He was believed
to be at his farm near Litchfield last
night, although his attorney, T. E.
| Latimer, said he did not know where
| he was.
Bontall was convicted of violating
the espionage act April II, 1913, and
| sentenced to five years in the federal
lpenitentiary at Fort Leavenworth. He
furnished $4,000 bail pending a de-
cision on his appeal and this bail, &C
cording to federal officials is still op-
erative.
"WSll try him again at the next
session of United States district court
| in Minneapolis That's in April" Mr..
Jacques said last night. apparently
the reversal came on a technicality.
| will get copy of the reversal order
promptly and then will plan future ac-
ton in the case"
Booked for Lecture Tour
! That Bantall was recently booked
for series of 10 or more addresses in
various parts of Minnesota by Social
| ist organizations after his release from
the Grow Wing county Jail, but that
the bookings were cancelled for fear of
adverse effect on the federal case
against him pending, the decision of
which was announced yesterday, was
revealed last night by T. E. Campbell
| chief special agent of the Department.
| of Justice
Evidence of the booking was seized |
in recent federal raids in Minneapolis, |
Mr.. Campbell said Correspondence
bearing on plans for the addresses, and |
then their cancellation and the rea-
son for cancellation, is in the hands |
of the government, Mr. Campbell said. |
BentalPs arrest conviction and sen
tence to five years in the fe1eral peni |
tertiary came after an alleged disloy- |
al talk in Hutchinson, Mimi, July 81 /
1917. In this talk Bentall was alleg-
ed, according to the Indictment, tol
have said:
over In Europe the profiteers and |
plutocratic interests are not satisfied
to take their youth and young man.
hood and STAY them and pour out their
blood on the battlefields, but they us
their dead bodies, which they place
IN rendering tanks to extract the oils
and fats to manufacture more explo-
slves to kill more men, and what If |
left they utilize for fertilizing the
farms and fields
Convicted October, 1917.
Are you going to let them enslave
and murder your boys and then render |
their = 2dies and use them for ferti
lizers?
"The government has no right to
take your boys outside the boundaries
of the country to fight. 1t is con-
trary to the Constitution and the law
of the land, and we are not going to
stand for it. That is the right dope
| am giving to you and you know it
This is not war of the people. /
You didn't want it and you don't
want it now. This is a war started
by the Morgans, tho Carnegies, the |
SchWabs and the DuPonts to increase
their profits and pile up millions at
the cost of the lives of your boys
Your boys don't have to go. Stand up
for your rights"
+ Bentall was convicted October 18,
1917, for obstructing the draft. He
was sentenced to one year in Grow
county jail. 1t was this sentence he
completed December 5. John Kassube
when Bentall was convicted of advising
not to register for the draft, June 5,
1917. later entered the navy.