The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-10-05
HAYWOOD, OTHER
|. ". ". N UST GO
TO i. s. PRISON
United States Circuit Court of
Appeals Upholds Con-
victiOns
FOURTEEN FOR 20 YEARS
Haywood in North Dakota Few
Days Ago Attending l. w. w.
Convention

Chicago, Oct. 5.-The United
Circuit Court of Appeals handed
down a decision today upholding
the conviction Of VIM. d. big
BilD Haywood, and SO other
|. W. W., who were found
guilty and sentenced to Leaven-
worth for obstructing the draft
law during the war.
Two counts were thrown out by the
appellate court but in all others the
decision of the lower court was af-
frmed
Haywood, former general secretary
of the l. W. W. and most of the other
defendants have been at liberty under
bond for more than year under bond
pending hearing on their appeal.
Haywood and fourteen other defend
ants were sentenced to 20 years in
prison by Judge Kenesaw Lands, and
in addition were fined sums ranging
from $4,000 to $35,OO0
OF 166 tried, 81 were found guilty
and all but three appealed. Some Of
those who failed to obtain their liber-
ties on bond have served out their
sentences and been released >.
On Four Counts
The government had indicted the
1G6 of four conspiracy counts,-con-
spring to prevent forcibly execution
of certain federal laws, to intimidate
citizens from exercising certain
rights, to induct male citizens charged
to register for selective service to re-
sist, and to cause disloyalty and re-
fusal of duty in the military and naval
forces. The last charge was brought
under the Espionage Act.
The appeal was based chiefly on two
general grounds, that documents
sized by the government on search
warrants Sept. 5, 1917 were erron-
Gously admitted in evidence testimony
as to acts of the defendants proceed
ing the passage of the Espionage Act.
Attorneys for the government at the
trial undertook to show the character
of the |. W. W. organization and that
it had fully developed program that
was applied when war came.
1t was also claimed by the appel
lants that documents admitted in evil
dence were, not shown to be theirs.
The appeal brief contains 1,02G pages
of assignments of error.
Haywood the Big One
w. D. Haywood, general secretary
treasurer of the l. W. w. was looked
upon as the leader among the defend
ants as he held the highest office in
the organization and was a member
of it's general executive board. There
were six members of this executive
board normally, of whom four were
convicted, William Virtole was indict-
ed but never apprehended and a va
cancy caused by the lynching Of
Frank Little at Butte, Mont, has not
been filled 1t was shown at the trial
that the Industrial Workers maintain
cd separate headquarters in different
cities for the various industrial unions,
each of whom had branch unions.
Most of the heads Of the, industrial
known as secretary-treasurers,
were among the defendants.
The defendants were arrested in
Washington California, Arizona, Utah,
Pennsylvania, Kansas, Michigan, Min
nesota Illinois New York and other
states. Judge Lands dismissed the
first venire for the jury because of
improper approaches alleged to have
been made to them by friends OF the
defendants.
The trial was followed by several
incidents including the ex-
posion of bomb in the federal build
ing and the receipt Of bombs by Judge
Lands and by Frank X. Nebeker who
was a special prosecutor for the gov
ernment in the case. Mr.. Nebeker
now is assistant attorney general
Big Bill Haywood was in North Da-
kota few days ago at the l. W. W.
at New Rockford. Hay
wood is said to have advised his work
ers there "to go as far as it is Safe
The I. W. W. openly advocate "direct
action and revolution.