The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-04-04

LAW is READ
TO THE JURY
Judge Interprets Acts Held
Crimes of Criminal Syndi-
calism and Those Not
OTHERS UNDER ARREST
Foster and Is Others Were
Charged With Law Viola
tiOn in Convention
OTHERS UNDER ARREST

st. Joseph, Mich. April 5.-The
case of William z. Foster, charge
with violating the Michigan law on
criminal syndicalism, went to ~
jury at 9:48 a. IN. today when Jude
Charles White finished reading hie
instructions. Foster is guilty of vic
lating Michigan's law against Grim
inal syndicalism, Judge White in
structed the jury, if:
/. The Communist party of Amer
ica at the time he attended its co.
vcntion was a society formed to ad-
vocatc and teach criminal syndica .
ism, and if
=. Foster assembled with the con
vention delegates voluntarily or in
the words of the court with con
scious design and purpose to furthcf
and promote the teaching and al
vOcacy Of the Communist party OF
the doctrine of criminal syndicalism. "
1t is disputed, the court said, tha'
Communist party or that Foster wa
present at some Of the convention
SO he concluded only those two que
tions are left for the jury considcr-
alton.
The courts instructions, 5000
word document, was read to the juIs
at 8 o'clock and IL men and one We
fhn hay fhnp ficnI IN
slider a verdict.
Some Actions Not Criminal
Judge White instrlNted the juror
that it was not crime for the Con
munist party to assemble in TIL
state norris it crime for Foster TO
teach and advocate in this state 9Th
theories of doctrines of class strur
gle, mass action, the dictatorship q
the proletariat, the Soviet system 81
government, the abolition of the cay
italistic system, industrial unionisn.
internationalism, affiliation of the
American Trades Union movement
with the Red internationalc of labor
unions, support of the Soviet gov.
crnment of Russia, Independent
"oihAhS Siooo aStioI, IHC
social revolution and other I'D
trial economic and political char
mentioned in the document off
Communist party in evidence in
state
No crime committed, the
said. unless Foster and the e.
munist party sought and advoe
~ NJ hpf tf,l ,y,1
rorsm as the methods or one Oh
m c t h cd S of accomplishing
changes in the organization of 81
ETY. desired by the Communists
What Law Provides.
The Michigan law against criif}&
syndicalism, he said, was not ait
against advocacy of any changSx
our industrial, political or sociai
stitutions, no matter how far-rel
ing or how drastic such propo1(
but against advocacy Of criminalN
as means of or method of briT
them about.
Even if the jury finds the q
munist party, the court said. was
formed to teach doctrines of criminal
SS tuS ucIc IdCl lUuL u tits~
ter attended it's convention =. lEaiaitll
not be sufficient to establ ia
guilt unless the jury decid&
took part in the convention
knowledge that the parties did,
cate criminal acts and with the
pose and intent by his preseiI
aid and abet and take part iri
proceedings.
Fosters trial, now in the d
week, is the first case CROWN
Of the Bridgcman convention,
heard. Thirty-two of those al
to have attended the meeting
been arrested or surrendered
the rest of the rs delegates for
warrants were issued last Sep
Der are still at large.