The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-04-05
Communist Case is Given
to the Jury Just Before
10 O'Clock Today.
MUST FIND TREASON
Judge White Tells Court There
Is No Middle Ground in Case
Under Consideration.

tBy Associated Press Leased Wlre)
st. Joseph, Mich.-The case of VIM.
q. Foste charged with violating the
Michigan lew against criminal syndi-
calism, went to the jury at 9:40 a. m.
today when Judge Charles White fin
shed reading his instructions. Foster
is guilty of violation of Michigan's law
against criminal syndicahsm, Judge
White instructed the jury today, if:
THE Communist party of America
at the time he attended its convention
was a society formed 10 advocate and
teach criminal syndicalism, and if:
2-Foster assembled with the con-
vention delegates voluntary or in the
words Of the court, with conscious
design and purpose to further and pro-
note the teaching and advocacy by the
Communist party of the doctrines of
criminal syndicalism,"
Only Two Questions for Jury.
1t is not disputed, the court said,
that the meeting was a convention of
the Communist party, or that Foster
was present at some of the sessions,
so, he continued, only those two ques-
tions are left for the jury's consider
alton. The courts instructions, 5000
word document, were read to the jury
at o'clock this morning and eleven
men and one woman in the box then
retired TO consider a verdict.
Judge White instructed the jurors
that IL was not cl1me for tAe Com
muhist party to assemble in this state,
ror IS it crime for Foster to teach
and advocate in this state the theories
Of doctrines Of class struggle, mass ac-
t.on, tho dictatorship of the proletiate,
tha Soviet, system Of government, the
abolition Of tie capitalistic system, in
dustrial unionism, internationalism
affiHation of the American trade union
movement with the Red Internationale
Of labor unions, support Of the Soviet
government Of Russia, independent
working class action, the Communist
social revolution and other industrial,
economic and political changes men
toned in the documents of the Com
munist party in evidence in this case.
Must Have Advocated Crime.
No crime was committed, the court
said, unless Foster and the Con1munis
)arty taught and advocated vcrime,
;ahotage, violence and terrorism as the
method or one Of the methods of3ac-
,omplishing the changes in the organi-
ation of society desired by the Com
uunists." s
The Michigan law against criminal
vndicalism, he said, was not aimed
gainst advocacy of any changes in our
Industrial, political or social institu-
ions, no matter how far-reaching or
ow drastic such proposals, but against
dvocacy of criminal acts as a means
method of bringing them about.
Even if the jury finds the Communist
arty, the court said, was formed to
Zach doctrines of criminal syndicalism,
he mere fact that Foster attended its
convention would not be sufficient to
stablish his guilt unless the jury de-
ided he took part in the convention
18th the knowledge that the party did
dvocate criminal acts and with the
urpose and intent by his presence to
i'd, abet and take part in such teach
engs.
4 Fosters trial, concluded today, is the
&.rst case growing out of the Bridgman
convention to be heard. Thirty-two Of
hose alleged to have attended the
meeting have been arrested or sur
,endered and the rest of the 76 alleged
delegates, for whom warrants were is
;ued last September, are still at large.
The court and attorneys agreed to
let the trial of Charles E, Ruthenberg
or week from next Monday, April 16.
2uthonberg will be the second of the
q arrested as a result of the Bridman
aid to fcae trial