The labor journal. [volume] (Everett, Wash.) 1909-1976, 1920-12-24
An Effort Is Made For
Release Emil Herman

Everett, Dec. Is, 1920.-Believing
that Emil Herman, sentenced to
ten years hard labor in Federal Pen
itentiary, on June Bird, 1918, under
the Espionage Act, is being unjustly
held in prison; and being convinced
that an impartial review of his case
cannot but prove the truth of ou1
contention, do, herewith, respect
fully submit the following facts in
support of our position.
Emil Herman was placed under
arrest, charged with violation of the
Espionage Act, upon April 10Th,
1918. There was no specific charge
of any word or act, at the time of
his arrest; but after his removal to
the Snohomish County Jail, his of
flee in Everett was entered by U. S.
Marshall Rock, Dept. of Justice OPP
erative, R. E. L. tombstone, Secret
Service Agent Chas. Petrovitsky and
another detective, by name George
English, who thoroughly searched
the premises, and confiscated an i'm
mense quantity of literature and
supplies. After going over the Of
flee, thoroughly, three times, and
satisfying themselves that all which
could possibly be used against the
accused had been found and remov-
ed, while waiting for the dray which
was to take away the confiscated
stuff-complete office files for four
years directly preceding the arrest,
organization supplies such as So
cialist Party Dues Stamps, ETC., &C
count books, ledger, pamphlets,
books and such matter-one of the
men, idly looking about at various
pictures and notices on the wall
took down a card bearing a motto
which was tackled on the side of the
small "sticker" of the kind widely
circulated by the Socialist Party and
other organizations years before, and
which had evidently been pasted
there at that time, for it was SO
faded and discolored with age as to
closely resemble the brown book
case upon which it had been placed
so long ago. This "sticker" was
removed, with great difficulty by
the raiding officials and carried
away in the coat pocket of Marshall
Rock. 1t subsequently formed the
basis for the indictment against the
accused, upon two counts of which
the jury returned a verdict OF
"guilty although the evidence in
troduced by the defense proved
conclusively, that it had been placed
there, years before, by former
incumbent of the office of State
Secretary of the Socialist Party of
Washington; that the accused was
unconscious of it's presence in the
office; that he had never called any
ones attention to it; had never, in
any manner, attempted to prevent
enlistment in the U. S. Army con-
trary to law. Chas. Petrovitsky
the Prosecuting Witness" perjured
himself in giving testimony to the
effect that the "Sticker" was the
"first thing which met his eye upon
entering the office" He brought no
evidence to support his word, al
though Marshall Rock, R. E. L.
tombstone and Detective English
had been with him, and had seen its
discovery, and the wife of the &C
cused and Peter HUSKY, also eye
witnesses, testified that it had been
found as related above.
Herman was given a preliminary
hearing before Commissioner Mans
field, and bound over to the Grand
Jury under $4,000 bond, spending
about week in the Snohomish
County jail awaiting filing of the
bond. Upon indictment being re-
turned by the Grand Jury, arraign-
ment before Judge Neterer resulted
in date of trial being set for May,
and new bond in the sum of $4,000
but the property which had been &C
cepted as ample security for the
S25 900 bond was adjured INSULT