The labor journal. [volume] (Everett, Wash.) 1909-1976, 1920-12-24

cient for this new bond of $4,000,
and the defendant was held in the
King County Jail during the time
intervening before trial.
Contrary to custom in such cases
the convicted man was hurried away
to the penitentiary on McNeils
Island Immediately sentence was
pronounced, although attorneys for
the defense were busily perfecting
the necessary preliminaries for APP
peal, and bond was being arranged
for. When these preparations were
completed and the papers were
ready to be signed by Herman his
attorneys were informed that he had
been committed to McNeil's. Upon
going to McNeil's the astounding in
formation was given that Herman
had been rushed through the zen
tering" process which usually oc-
cupies over a week, and had then
been shipped to Leavenworth, Kan
sas-only remaining in McNeil's a
matter of two days.
1t was necessary, then, to await
the arrival of the papers at .Leaven-
released on the bond just secured.
He was then put out of the Leaven-
worth institution, with no guards of
any description, and left to make
his own way back home-or any
where he might wish to go-and at
his own expense.
Nevertheless, in August, after he
had returned to his home in Wash
ington and spent about six weeks
in the pursuit of his ordinary bust
ness, when he. started on a trip to
Chicago-still in pursuance of his
regular business, and with full
knowledge of his attorneys, and the
general public, and with we'll known
intention of returning in at most
three weeks from date of starting
he was arrested as fugitive from
justice" upon advices from Prescott
ing Attorney at Seattle, was brought
to Seattle, given a hurried hearing
before Judge Neterer whereat the
evidence of the unused portion OF
his return trip ticket to Chicago was
barred, and all other evidence in
defense was summarily dismissed
from consideration by the Court
who ordered immediate commitment
as requested by Prosecutor Reames
Reames declared that the appeal
was not being prosecuted in good
faith"-which was thoroughly dis.
proved, since the Appeal was duly
carried up regardless of the incar,
ceration of the Plaintiff. The Cir.
cult Court of Appeals declifed tc
review the case. No reason was
given for this refusal to review 9TH
err than the vague one that some
technicality had been neglected by
Herman's attorney.
Had the Circuit Court of Appeals
wished to fulfill it's function il
seeing that justice has been done
and that injustice shall not be done
it would have found, by going over
the records of the Herman case, that
the following is true:
First-Herman was arrested or
suspicion only.
Second-In spite of the fact that
the government officials were in
possession of all office files (includ-
ing personal correspondence taken
in an illegal seizure at his home
also), copious samples of all litera-
ture, account books, and everything
which might possibly incriminate
it was necessary, in order to return
true bill, at all, to base charges
upon an insignificant "sticker" which
was found by accident and clearly
proven to have been there without
the defendants knowledge, and the
subject matter of which had never
been alluded to by him either pub
licly or privately.
Third-That irrelative testimony
was introduced, during the trial
over objections of defendants coun-
sci, with the sole object of creating
prejudice and showing condition OF
mind"-among which We're letters
written previous to the passage of
the Espionage Actin spite of which
it could not be proved that there
was "a mental tendency toward law
breaking.
Believing the above to be a fair
and accurate statement of the facts
in regard to the case of Emil Her
man, we, therefore, recommend a
careful review of the records by the
Attorney General at Washington,
u. c.
The above statement was intended
to be the head of a petition, but in
stead was endorsed by the Central
Labor Council of Everett and sent to
to other labor councils in this state
and Portland, Oregon.