Evening star., 1923-03-23
j. S. AGENT SCORED
IN FOSTER DEFENSE
Charge Made That Morrow
Tried to Create Riots at
Socialist Meetings.
BY the Associated Press.

BY the Associated Press
ST. JOSEPH, Mich, March ga
William u. Fosters defense against
charges of criminal syndicalism,
growing out of his attendance at the
communist convention last summer.
opened today with an attack on the
reputation and credibility of "K-97,"
the government agent who attended
the convention as a delegate.
Dispositions taken by Frank P
Walsh. attorney for Foster, at Phila-
delphla and Camden. n j., were pro-
duced in an effort to show that the
Department of Justice agent, whose
real name is Francis Morrow, had a
bad reputation for truth and veracity
and that, as an agent provocateur he
mad attempted to stir up riots at So
cialtSt street meetings.
In the absence of the jury the state
opposed Introduction OF the deposit
tions. and Judge Charles White sus-
tanned the prosecution. in part, by
ruling out large sections.
Free speech Plea.
Efforts of Mr. Walsh to have the
jury directed to return a verdict of
not guilty failed yesterday when
Judge White overruled "A defense mo-
tion and ordered the trial to proceed
The motion was presented after the
state rested its case
Walsh argued that prosecution OF
Foster is in violation of conStitu-
tional guarantees of free speech and
free assembly. that there is no proof
that either the communist national
convention or Foster advocated or
taught any violation of the law while
in Michigan at the communist con-
vention last year and that Foster was
denied trial by due process of law
because the syndicalism act is so
vague and indefinite that no proper
be drawn from 1t.
Judge White overruled all points
raised by the defense. and also held
that the circuit court could not prop
erly pass on the question of constitu-
tionality of the state law. and that il
therefore would be considered con-
stitutional for the purpose of the
trial.
Walsh's probable line of defense
remained in doubt today. Ne declined
prior to going into court to say
whether Foster would take the stand
in his own behalf or who his wit
nesses would be.
Argument for Acquittni.
In his motion for a directed verdict
acquitting Foster Mr.. Walsh raised
the objections that:
l. The criminal syndicalism law
constitutes an abridgement of the
right of free speech and of free as
semblage. guaranteed TO all persons
by the United States Constitution.
,. That the prosecution is a viola
tion of a due process of law" be-
cause the syndicalist statute is too
vague and uncertain in it's provisions
to form the basis of a trial for crime
s That the prosecution violates the
state constitutional provisions that
the accused shall be informed of the
nature of the accusation.
g. That there is no evidence that
the sand dune convention was an as
semblage of persons formed to teach
and advocate the doctrines of crimi-
nal syndicalism.
5. That there is no evidence. or in
sufficient evidence. that there was any
solicitation or Incitation by this as
semblage . or any attempt to
solicit. induce, incite or promote any
acts of crime. sabotage, violence and
other unlawful methods of terrorism
as a means of accomplishing indus
trial and political reform.