Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-06

St. Joseph, Mich, April by A.
P)MHopelessly deadlocked after 81
and a quarter hours elaboration,
the Jury trying William q. Foster, of
Chicago, for alleged violation of the
Michigan law against criminal
syndicalism was discharged by
Judge Charles White this evening.
The Jurors stood six to six on all
Of their IS ballots without changing
vote.
Five men and one woman voted
for Fosters acquittal and six men
for his conviction.
Foster was the first to face trial
Of the 81 men and women arrested
as result of the raid on the con-
yentlon of the Communist party of
America, held in the lonely dune
country near here, last August.
Charles F. Ruthenberg. one OF his
co-defendants. will be placed on
trial a week from next Monday.
The Berrien County Circuit Court
room was almost deserted when
Judge White called the jury in and
asked the foreman, Calvin Bachman,
if there was any chance of reaching
verdict.
Il am afraid not" Bachman said.
I'VE have not changed since the first
ballot"
OILY Foster and his wife and at
torneys were seated at the lawyers
table. The prosecution had aban-
h. I'll, r.&
terday morning at 9.45 o'clock.
After the court discharged the
Jurors, some of those who voted for
acquittal explained the reason for
the hopeless deadlock.
I'VE six were convinced from the
start that the state had failed to
make case against Foster" Rus
sci Burn, grocers clerk. explained.
I'VE did not feel that the evidence
showed Foster had committed any
crime in attending the convention
and We so voted
Mrs. Minerva Olson. the only wom-
an on the jury and one of the leaders
In the group favoring acquittal. de-
clined to comment on the jury's de-
liberations.
Foster accepted the jury's failure
10 agree as victory. 1T is remark
able" he told newspaper men, that
Six people who are naturally pre-
JUDGED against revolutions and vio-
ience and all the things the state
talked about here for days, could
Keep their conviction that a case
had not been made and hold out for
Two days for their convictions"
Whether the case will be retired
probably will not he decided until
efter the Ruthenberg trial which
starts April 16.
The case against Foster grew out
OF his attendance at the Communist
convention. The state maintained
that ne was there as a member and
paid officials of the Communist
rarity. The defense however. assert
ed that Foster was not member and
went to the convention at its invi-
.auon to deliver a speech on in
Custral conditions.
The sole question before the jury,
Judge White asid in his instructions.
was whether the Communist Party
aaa advocated crime.
with the trial of Ruthenberg set
.or ms month. the question of try
lug tie Others alleged to have at
senoed the Communist convention
remains in abeyance. he defend
ants include such well-known radi-
rai leaders as Rose Pastor Stokes,
rnooert Minor. William +. Dunno,
a 1,all BrowdEer, Alex E. Georgian.
n a1 Lerner. Max Bedacht. Edgar
UU"ehs, Rebecca Sackarow. Ella
s'es Bloor, Gustav Shulenberg
eno Jay Lovestone. In addition to
ue ~ who have been arrested or
,"ao surrendered. A who are al
.ssea to have attended the conven-
''Vn have never been apprehended.