The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1924-08-15

Ol OhlduOllld lily.
This appeal was filed sever
fenced to serve ten years and
to pay a fine of $4,000. mas
much as Berg is in the thirties,
this amounts practically to a
life sentence, considering that
for want of funds it would re-
quire 10 years for the defen-
dant to work out his fine at the
rate of 81 a day; and men die
early in prisons.
Peculiar circumstances surrounded
Berg's conviction. There was no
evidence that he had ever committed
any act of criminal syndicalism, saho-
tage, nor any offense against law
and order.
Arrested Without Warrant.
Berg was arrested in Haileyville,
20 miles southeast of here, by Rock
Island Railway employee. He was put
into Jail without a warrant Later he
was taken before a justice of the
peace and was fined and sentenced to
the county Jail for alleged vagrancy
He had been in Haileyville less than
an hour before being arrested, and
had intended, he declared, to leave
town on the next train, due to go in
is minutes. He was obviously not
vagrant, since he was employed by
the Oil Workers Industrial Union at
a regular wage as travelling dele
gate, and had money in his pocket
sufficient to meet all personal needs.
After Berg had served 80 days I'M
der the yagrancy conviction he was
taken from the Jail here. hailed be-
fore District Judge Brewster, and
accused of sabotage and criminal
syndicalism. He pleaded not guilty
The specific offense charged against
him was that he had distributed |.
w. w. literature-which is certainly
not violation of law, the defense
contends, inasmuch as none of that
literature advocated any unlawful
act.
But the prosecutor made great
ado before the jury about all the lit
erature, reading passages from it in
awe-inspiring tones. Even then there
was no evidence that Berg had
handed any of the |. W. w. papers
or pamphlets to anybody, and the
prosecutor had to strain a point to
produce evidence" that the defendant
had been letting outsiders know about
the l. W. w. He did it in this way:
Following Berg's arrest he was
taken to restaurant for meal The
restaurant keeper asked to see the
papers which the prisoner had been
carrying, and the literature was
handed to him by the officer who had
Berg in charge. The restaurant
owner and his brother examined the
literature, and this inspection of /.
w. w. documents by outsiders was
the technical basis for the charge on
which Berg received his stupendous
sentence.
Berg maintains that he has COM
mitted no crime, and that he had full
right to circulate all l. w. w. litera-
ture in his possession He declares
that this literature dealt only with
facts, that it did not advocate any
criminal action, and that the |. w. w.
newspapers enjoy second-class mailing
privileges from the postofice depart
ment. He contends that Judge Brew
ster manifested prejudice against the
IeW w. in a speech made immedi-
ately following the verdict.
The Homer Wear Case.
Attorney Carney is also pressing an
appeal in behalf Of Homer Wear, dele
gate for the Metal Mine Workers
Union of the l. w. W., who was con-
victed at Miami last autumn under
similar circumstances. Originally
sentenced to serve 30 days for "vag-
rancy," he was tried under the state
criminal syndicalism law, and was
sent to prison to serve from one to
ten years. For month after his ar
rest on the vagrancy charge, Wear
was held incommunicado. Even regis
tered mail from the general defense
committee Of Chicago was denied him
and was returned For more than 30
days he was not permitted to consult
his attorney.
Prejudced Juror Seated.
AT Wears trial one talpen,nn