The New York herald., 1922-11-07
Convicted for Returning
and Must Go Again When
Term Expires.
OLD VICTIM Is PRESENN
Capt. Fitzpatrick of Red Cross
Got Brutal Treatment at
His Hands.

Americans who were In Russia In
1921, and particularly those who were
imprisoned in Moscow, have occasion
to remember the youthful and sinister
figure Of Joseph Kowalski, who, as
one of the younger leaders of the
Bolshevist regime and Judge of the
Cheka Court, presided at the trials of
political prisoners caught in the tolls
of Russia's secret police. He ruled
with ruthless tyranny and, since he
was in direct charge of Americans re-
siding in Russia, the fate of many q
citizen of the United States depended
upon the words he uttered from the
Soviet tribunal that was court Of
justice in name only.
One OF the many Americans who
felt the sting of the proletarian vim
dictiyeness was Capt. Emmett Kill
patrick, an American army officer who
was captured in the Crimea while
working with the Red Cross. He was
tried" before the Cheka Court on the
charge of being military spy and
sentenced by Kowaisld to imprison-
mcnt in ain underground cell in the
Burtirky prison in Moscow, where he
suffered untold tortures until finally
released through the Intervention OF
Secretary Hoover.
Tables Are Turned.
Shorn OF dignity, sallow OF face and
slumping In a chair until he seemed to
shrink from the words being pronounced
by the witnesses, the same kowalski,
known to the Department of Justice as
one of the ablest Bolshevist agitators In
this country, was on trial yesterday in
the United States District Court on
charge OF re-entry into the United
States after deportation in 1921 as
dangerous agitator.
With paling face he heard Judge
Julian Mack sentence him to the Fed
eral prison for year and day and In
the rear Of the courtroom among the
rows OF uninterested spectators sat the
clean shavon young American from
Uniontown, Ala, listening with quiet
smile to sentence that served as par
tial revenge for the horrors OF dark
ened dungeon.
Capt. Fitzpatrick saw his former perse-
cutor for the first time since he was re-
leased from Russia In August of last
wear. And the circumstances afforded
a contrast that only the swiftly chang
ing scenes OF international intrigue
could furnish. Then Kowalski was the
judge--listening with narrowing eyes to
the story told by the American officer.
while lying in prison hospital in a
dying condition. and hurting epithets
against the "bourgeoisie" OF the nations
that differed with the Soviet leaders Of
Russia.
Yesterday he was the cringing pris-
oner pleading with an astute counsel to
bring into play any legal twists that
might release him from the inevitable
verdict that II was apparent the jury
lad reached. Kowalski's defense was
that he was not technically deported,
but left for Russia in March, 1921. of hts
own voitlon and BY means OF a pass
port issued mt his request by the state
Department at Washington.
Rated High nv rropa an pdist.
Tho prosecution showed that the pass
port was issued merely TO permit ko-
walskI to be deported to Russia rather
than be sent back to Poland, where he
was born. The passport accompanied a
that Kowaiski would be taken on board
the steamship Mongolia with eighty
four other undesirable Russian agitators.
Kowalski was rated such an able
propagandist that the Soviet leaders
lost no time in having him smuggled
back TO this country. where he has been
carrying on propaganda OF the most in
sidious character In Massachusetts,, Ohio
and Connecticut as secretary OF the
Polish Federation of the Communist
Party The Department OF Justice
knows him we'll and had dozen or
moro agents stationed In and about the
court room yesterday IS a precaution
against an attempted escape. lie is "A
young man with thin face. deep sct
eyes ard shaggy hair that nearly con-
: s.als his forehead. Il
capt knpatrfok was not allowed to
tell his story on the witness stand be-
cause Judge Mack ruled that Kowalski's
acts IN Russia. no matter how outrage
GUS they may have been. had no bear
ing on the question Of whether or not
he illegally entered this country after
having been previously dcported. Incl
dentslly the prisoner Is tho first one 10
be tried under the act of Congress of
October 16 making the reentry into. this
country Of persons Of this character a
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