The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-03-21
Bullets, +, Not
Ballots, Is
GedDe1nand
Flamboyant Appeals by Com
munist Writers for Armed
Action Features Trial
of Foster.
'K-97' on Witness Stand
BY the Associated Press.

st. Joseph, Mich, March 20
Flamboyant appeals by communist
writer's for armed action, not armed
phrases" praise for the miners who
are alleged to have participated in the
Herrin Qll.) riots, and call for "bul-
lets-not ballots" featured todays ses.
sion of the trial Of William Y. Foster.
charged with criminal syndicalism.
The state, with the assistance of its
star witness, Francis Morrow, who is
"K97," Department OF Justice
agents, who attended the communist
convention in the hills near here last
August as a delegate, put into the re-
cord a mass of speeches and writings
of communists in this country, and
the entire thesis and resolutions OF the
third world congress Of the commun-
ist international held in Moscow in
1921.
Introduction Opposed.
Frank p. Walsh, chief counsel for
Foster, fought the introduction Of
every piece of evidence and the objec-
tions were overruled by Judge Charles
White.
Morrow's testimony delved into the
inner workings Of the convention last
summer. He testified Foster was
present from Friday, August Is, to
Sunday. August 20.
He testified Foster served on the
presidium. the governing body of the
communist gathering; that he was
present when Arnold L. Lokoysky or
Moscow, representing the Russian
leaders, presented reports and de-
l.vered speeches and that Foster at
tended at other sessions.
o. L. Smith, assistant attorney.
general of Michigan. read TO the jury
an article by Robert Minor. a New
York cartoonist, who Is a member OF
the central executive committee Of
the communist party, praising the
Herrin mob and advising commun-
lists TO come out OF our haze OF
dream clouds and get ION a work
ing basis with these workers. who
don't talk abou. armed mass action
but take their guns and close down
scab mines and paralyze the state
machinery by military action"
Expelled from France.
Minor was expelled from France by
the American army during the war.
when he was caught preaching sedi-
ton to the American soldiers. His
article was printed in the July 1922
Communist" which calls itself the
illegal organ of the communist party
of America"
Another article from the Com
munist, which was read 10 the jury
despite Mr.. Walsh's objection. was
written by Roger Ganly." the party
alias. Morrow testified. OF Thomas
O'Fiatherty of Chicago. who also Is
awaiting trial here. OFlatheriy Is
associated with Foster In the publica-
ton of the Labor Herald.
Another state exhibit identified BY
Morraw and read TO the jurors was
the QUESTIONABLE filled out at the con
vention by "Comrade Borden" which
the witness said was the alias used
by Foster. The questionnaire showed
Borden" had by his own statement
been active In the revolutionary
movement" for 81 years. that he
participated In scores OF strikes
had been a member OF the /. W. w.
socialist party and several labor
unions and for year prior To the
convention OF the communist party
that he was n paid emplove OF the
communist party with the title of in
dustrial organizer. and that he had
been arrested many times
Clashes Are Frequent.
The introduction OF the question
naire and other documents was mark.
ed by frequent clashes between Mr..
Smith and Mr.. Walsh and the ex-
change of personalities, which the
court several times had stricken from
the record.
Mr.. Walsh charged Mr.. Smiths
statements hordered on contempt and
were prejudicial and the assistant at
torney general protested the defense
attorney was trying 10 tell him how
to conduct his case.
The state succeeded after 4 two
days fight In introducing today the
communist party program and con-
stitution which described the "prole-
tartan revolution as n long drawn
out process which would culminate
in armed insurrection and civil war.
The thesis and resolutions of the
Moscow internationale. which was
admitted in evidence by the court
late today. will be read to the jury
tomorrow by the state. The book.
embracing more than 200 pages,
covers the entire proceedings OF the
communists world congress in Moscow