The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1921-02-05
NEW TRIAL
FOR BERGER
Supreme Court Reverses Judge
Landis on Ground That.He
Should Have Retired From
Trial of Milwaukee Editor

Washington, Jan. 31.--Victor l..
Berger. Socialist editor of Milwaukee
and 7 f,ur cO-defendants who were
convicted and sentenced to terms
| ranging from ten to 20 years for
violation of the war time espionage
aq., will be given new trials under
decision today by the supreme
court.
Dividing six to three, the court
held that the federal district Judge
kenesaw Nj. Lands OF Chicago, wits
| Ineligible to conduct the trial and
should have retired upon the filing
OF an affidavit by the defendants
charging him with personal bias and
prejudice" because of the nativity Of
certain of them.
While Justice McKenna was read
ing the majority opinion OF the court
announcement came from the White
House that President Wilson had
overruled recommendation of the
department of justice that the sem
tence of Eugene v. Debs, previously
affirmed by the supreme court be
commuted TO expire on next Fcbru-
airy IL. Dc1s, many times candidate
IL
Is serving ten years i'm the federal
prison in Atlanta, Ga, as a result
OF his conviction q. Cleveland Ohio
on practically the same charges as
were Bcrger and his co-defendants.
Those co-defcndan,s are Adolph
Germer. national secretary of the
Socialist party, a native of Russia
William Kruse, editor OF the Young
Socialist Magazine, whose parents
were Germans: j. Louis Engdahl and
Erwin st. John Tucker, writer and
lecturer. natives OF the United
STATES. and claiming TO be not Of i'm
mediate German descent
The sole question before the su =
preme court was whether Judge
lands had erred In continuing to
sit I'm the case after counsel for the
defense had filed a properly drawn
| afidavit OF prejudice. Six members
Of the court. including Chief Justice
White, held that he did. Three other
members. Justice Day, Pitney and
McReynolds, held that he did not
and filed opinions sharply dissenting
from that OF the majority.
Next to that of Eugene V. Debs.
the case of Victor Berger, publisher
or the Milwaukee Leader a Social
Isl paper, attracted more attention
than any other brought by the gov
ernment under the war time espio-
mage act. Berger was accused Of dis
loyalty and was convicted at Chicago
on January s. 1919 SubscQuently
ne was twice denied a seat in the
house OF representatives by that
BODY and the third time he offered
Tor reelection he was defeated.
Four other leaders of the Socialist
party were convicted with the Mil
waukee publisher. They were Adolph
Germer. secretary of the National So
/ cialist party: William T. Kruse, edi-
tor OF the Young Socialist; Irwin st.
John Tucker. writer and speaker, and
j. Louis Engdahl,, editor of the
American Socialist. Sentences rang
ing f!om ten to 20 years were i'm
posed by Federal Judge Kenesaw
Mountain Landis
The five defendants were charged
specifically with having conspired TO
obstruct recruiting and interfere with
the successful prosecution of tho
war against Germany through tho de-
livery OF speeches and the circula-
ton OF articles intended to cause
'insubordination, disloyalty and re-
fusal OF duty" among the naval and
military forces of the United States
Numerous articles written by Berger
for The Leader were presented as evil
dence against him.