New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-04-28
Larkin Guilty;
Born a BritOn
Record Shows
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declaration that at would be crime
against Gitlow and Mnitsky already
convicted of criminal anarchy if Lar
kin is freed"
Court Defines Anarchy
Justice Weeks then made his charge
in which he explained the criminal
anarchy statute at great length, ruling
:. &: DC constitutional; that althouGrl.
tn, law perm tted free speech it did
net hermit license; that any one has
a right to advocate the overthrow of
the government but by lawful means,
and read from the Left Wing mani
festo the portions alleged to advocate
the overthrow of the United States by
unlawful means.
81 understand that the defendant
holds that the manifesto does not ad-
vocate the overthrow of the govern
mcnt." said Justice Weeks, "but it's
change through education enlightened
education which will bring a new at
titude Of mind on the part of the
people. Whether this is true is for
you to decide. The meaning of the
words must be taken in their ordinary
sense"
The portion referred to by the court
says that it is not the intention Of the
revolutionary Socialists to capture the
state, but to Conquer and destroy it,"
Justice Weeks also read several re-
quests to charge submitted by Larkin,
III addition 10 Il sheet of instructions,
apparently written by a lawyer, which
the former unwittingly handed to the
court. These instructions advised Lar
kin how to act in thesevent of rulings
against him. Justice Weeks remarked
that it was evident Larkin had the ad-
vice of q lawyer.
Says Lawyer Gave Hints
Larkin, questioned after the jury
had announced it's verdict, denied that
h had received the advice of a law
yer during the trial, and said it was
friendly Irish lawyer. John j. OLeary
Mho had given him these instructions
gust as court o -ened.
+: In the controversy that followed be-
tween Larlsn and Justice Weeks, Lar
llin remarked that if Justice Weeks
were q gentleman" he would not have
rcad these instructions.
! Larkln had previously asked Justice
Weeks to charge the jury to disregard
pny prejudice manifested against him
sby the colrt. Larkin has maintained
ifroin the beginning of the trial when
She asked for, another Judge that
Just!ce Weeks has always thought him
guilty.
In that period that followed hun
sdreds of friends and sympathizers Of
Iarkin stood outside of the courtroom
discussing his chances Of acquital or
release through disagreement of the
lury. When the jury reported :eady,
Laikin. escorted by several detectives,
,entered the courtroom, his face COM
posed, looking to the front of him and
was led to the brass railing separating
tho courtroom from the spectators
benches.
with angry, flushed faces, followed
when the Jurors names were read that
f'whatever the verdict of this jury
fhere must be no expression Of APP
proval or disapproval."
When the verdict was announced
Larkln stood mctionless Murrurs
from the spectators were sicncei by
the court attendants. One young
woman began to cry aloud.
Prisoner Admits Convictions
Larkin's pedigree was then taken.
he answered ali questions in a firm
voice reiterating that his place OF hi. IN
was in ireland, and that although lie
had been convicted twice. in one case
whore he was charged with sedition he
was freed alter serving snort part
Of the sentence, and that the other
OF a union when he. was an official,
but that twenty-five of twenty-tour
counts against him were dropped, and
although ne was sentenced to tvs we
months, he was shortly afterwards re-
leased on a free pardon
He was questioned about these con-
vlctions at great length, but stuck to
his story. Then Justice Weeks read
from document winch stated that
Earkin had been Indicted in June, 1910
with James Fearor and Daniel Coveney
for alleged conversion OF funds and
found guilty on TWENTY-FIVE Of the
tNenty-tour counts and sentenced June
n, 1910. to twelve months at hard
labor.
Larkin, however, stoutly maintained
that his recollection Of the case was
correct and that the original charge
against him Of obtaining $50 under
false pretences was reduced to 'onc
and three pence"
Justice Weeks then asked Larkin
whether he still maintained that in a
speech he made al Manhattan Lyceum
IN order to raise FUNDS for Benjamin