The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-06
HAYWOOD LOSES
APPEAL WITH SO
OTHER |. W. WIS
Chicago Court Upholds Sell
tence of Big Bill' and
His Radicals.
u CONSPIRACY COUNTS
Leader Gets a Twenty
Year Term in Prison and
Fine of $4,000.
NOW REPORTED IN EAST
Federal Authorities Have Been
Searching for Him Since
Wall st. Explosion.
NOW REPORTED IN EAST
s,ecior Despa,cs TO The HERALD.

Special Despatch 10 The HERALD.
CHICAGO. Oct. 5.-The sentence i'm
posed on William u. CBig Bilf) Hay
wood and ninety three other /. w. WIS
was affirmed to-day by the Circuit
Court of Appeals.
The sentences range from one year
to twenty years. and the fines from
$1,000 to $4,000. Haywood. as I. w.
w. chieftain, drew the heaviest sem
tence and hne-twenty years and
10000
Haywood is believed to DC in the
East During the time of the New
York bomb explosion the Federal au-
thorities Immediately began search for
him. 1t was found that he had been
delivering lectures in New York, Phil
adelphia and other Eastern cities.
Twenty-six OF the defendants, in
Guiding Big Bill" are at liberty on
bond. Twelve have completed their
sentences and the remainder are still
In the penitentiary.
In affirming the lower courts verdict
Judges Page, Alschuler and Baker, sit
ing en- bdnc. struck off the first two
counts and only affirmed the sentences
of the second two. This. however viii
not mean less sentence in any in
stance, as the entire number were in
dicted under four counts. and the fines
and sentences were to be paid and
served cOncurrently. that is. in paying one
fine and serving one sentence the debt
with the Government would be squared
Haywood and the others will now
have to serve prison terms for CON
spiracy to violate the selective draft"
and conspiracy to Violate the Espionage
act" These were the last two counts.
The first two struck off by the Circuit
Court were direct violation OF the Sc
, lective service act" and direct violation
OF the Espionage act"
In removing these counts the Judges
announced Congress did not intend, In
| face of the constitutional prohibition, T.
nf'ict punishment two times for Tho
| same offence" The verdict of Federal
! Judge Lands was upheld. IL dcins this
| he court said:
| I'VE find no abuse Of the trial courts
discretion OF controlling the scope or the
cross-cxamination OF the Witnesses and
| Ind no error In the charge OF the
| jury"
| The defendants during the trial. said
| Irdge Lands. had taken the cross-ex-
| animation in his own hands and this
hey considered unfair. Several other
complaints. including that of the seizure
Of their property. were thrown out by
| ,hc higher court.
| The Court OF Appeals said that IN
had never been deemed unreasonable "a
hunt and take stolen property. snug
| glers goods and implements OF CRIME"
Indictments We're returned against 16G
rembers OF the radical organization. and
every one brought To trisi WAS con-
victed after court sessions lasting 1873
days.
Following the decision a storm OF pro
| test against the conduct Of the trial
arose among the radicals throughout the
country. They said the prosecutors
aided by Judge Lands. "railroaded" the
| defendants to prison. and an appeal was
taken Immediately.
Otto Christensen. attorney for the de-
| PENDANTS. said to-day the case would he
aiken TO the United States Supreme
Court on appeal.