New-York tribune., 1919-10-08
Men Called for Jury Duty
Questioned by Outsiders
on Attitude Towar d
Socialism, Says Judge
Calls Act ''Indiscretion''
Ten Out of $50 on List in
Trial of Gust Alonen and
Carl Piavio Approached

Justice Weeks, presiding at the Ex-
traordinary Criminal Trial Term of the
Supreme Court, which is trying Gust.
Alonen and Carl Piavio, Firms, charged
with criminal anarchy. said at the close
Of yesterdays session of the trial that
the men on the special panel from
which jury is being drawn had been
approached and questioned by persons
interested in sounding ont their views
on the case.
"If any members of the panel have
FIVE days and questioned ON their views
regarding socialism. the high cost of
living or labor problems, outside of
such conversations as ght have taken
place in their usual business or pri
vate life," said Justice Weeks. 81 want
them to see the court before they
leave"
He then retired to his chambers, into
which seven men passed. Walter Mel
les and Captain Swinburne Hale, coun-
Gil for the defence, were present during
these interviews.
Later, Justice Weeks told reporters
that to his knowledge between ten and
twelve members Of the panel of $50
talesmen summoned for the selection
Of the trial jury had been approached.
None Of the men, said the justice, has
been approached since his selection as
juror. He characterized the ques-
tioning as "an indiscretion rather than
an impropriety."
From information | received from
! members of the panel" the justice said
"it was obvious that talesmen had been
approached by persons who declared
they represented various committees,
among them Naturalization Com
mittee. and questioned on social mat
ters, the high cost of living and labor
problems wished to determine
whether there had been any i'm mpropriety
committed in such approaches. 1t is
my opinion that the names of the com.
mittees some of these persons gave are
non existent and that the real purpose
Of the questionings was to sound the
men out on this case"
There are only three copies of the
panel list of the talesmen. One is in
the hands of the clerk of the court,
and the other copies were sent about
week ago to Assistant District At
torney Rorke and counsel for the de-
fence.
At the close Of the second day Of
the trial eight jurors we're in the box
seven having been chosen yesterday
Early in the morning Walter R. Ben
! jamin. under examination as q pros
pective juror, found himself il the
llmelight when he expressed his views
on free speech. When Benjamin, who
| Is a dealer in autographed letters,
took the stand Mr.. Rorke asked him:
isn't it fact that you told one of
your fellow talesmen that you be-
iieved no restrictions at all should be
placed on free speech ?"
For Free Speech, But Not Bombs
Eyes," Benjamin admitted. ~ be
Iieve in unrestricted free speech I
oppose any scheme Of planting bombs
upon any particular individuals home
y. T. Morgan, for instance-but
think that general talk Of the kind is
not harmful and it would merely be
letting off steam"
"You would be fortunate if you
were not sitting on the safety valve
at the time" commented Justice
Weeks. Then, turning to the witness,
talesman, the Court asked:
"You mean you advocate man
| talking about placing bombs or shot
ing to destroy capita lists? ~
"Well, not in n specific instance"
parried Renjamin.
Mr. Rorke challenged him and he
was excused. whereupon Justice Weeks
turned to the stenographer and told
him to make a transcript Of Mr.. Ben
jamin's testimony, saying he wanted
to turn it over to the Federal District
Attorney, ince he understood the re
jected talesmar was on the Federal
Courts jury panel