Evening star., 1923-04-04
Jury GETS FOSTER
CASE AFTER MONTH
SyndicaIist Acts and Grim
inaI Intent Must Be Shown,
Says Judge.
By the Associated Press.

| BY the Associated Press
ST. JOSEPH, Mich. April 4.-Wil-
liam e. Foster of Chicago, is guilty OF
violation of Michigan's law against
criminal syndicalism. Judge Charles
White instructed the jury today. II:
THE communist party of America
at the time he attended its convention
last August in lonely dunes on the shores
of Lake Michigan. was society formed
to advocate and teach criminal syndi-
calism, and If:
2-Foster assembled with the con-
vention delegation voluntarily. or. In
the words Of the court, with conscious
design and purpose to further and pro-
mote the teaching and advocacy by the
communist party of the doctrines OF
criminal syndicalism."
1t Is not disputed, the court said. thar
the meeting was a convention OF the
communist party, or that Foster was
Continued, only those two questions are
left for the jury's consideratiof:
The courts instructions, s6,0O0-word
document, was read to the jury at >
o'clock this morning and eleven men
and one woman In the box retireo 10
consider a verdict.
Range of Law Limited.
Judge White instructed the jurors
that II was not a crime for the COM
munist party to assemble in this state.
nor was 1t a crime for Foster to
nreach and advocate in this state
! the theories or doctrines OF class
struggle, mass action. the dictatorship
of the proletariat. the soviet system
industrial unionism, internationalism,
affiliation Of the American trade union
movement with the red international
Of labor unions, support of tho soviet
government Of Russia. indepenoent I
working class action, the COMMUNIST
social revolution and other industrin'
toned in the documents of the COM
munist party in evidence In this
No crime was committed, the court
said. unless Foster and the communist
narty "taught and advocated crime.
sahotape Violence and TERRORISM as
the methods, or one of the methods. OF
accomplishing the changes In the or :
ganization Of society desired by the
communists.
The Michigan law against crimina!
syndicalism, he said, was not aimed
arainst advocacy of any changes In
our Industrial. political or social In
stitutions, no matter how far-reacn-
ing or how drastic such proposals
but against advocacy of criminal acts
as a means or method of bringing
them about.
Even IL the jury finds the COM
munist party. the court said, was
formed to teach doctrines OF criminal
syndicalism, the mere fact that
Foster attended Its convention would
not be sufficient to establish his guilt
unless the jury decided he took part
in the convention with knowledge
that the party did advocate criminal
acts, and with the purpose and intent
by his presence to aid. abet and take
part In such teachings.
Legal Method Described
Judge White described to the jury
the legal method of changing the
government Of the United States. or
of the state of Michigan. by constitu-
tional amendment, and said all other
methods proposed must be unlawful
and illegal.
The court told the jurors that, in
determining whether or not Foster
was a member of the communist
party. as claimed by the state. but
denied on the stand by him. the jury
should take into consideration what
the evidence disclosed as to his men-
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