The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1925-08-18
APPEAL CROUCH
Case TO COURT
IN CALIFORNIA
Communist S oIdierS
Will Spurn Pardon
BY GEORGE W. WRIGHT.

! president Honolulu Labor counciIA
HONOLULU, Hawaii Aug. 6.-(5y
Mail 1.-The Crouch case is being ap-
pealed from the local federal district
court to the Ninth Circuit Court OF
Appeals in California. The Honolulu
judge, William A. Rawins, refused to
intervene, declaring that the civil
court had no jurisdiction. This was
on the showing Of the army counsel
that the court martial was correctly
constituted, properly convened. and
was duly authorized to try the case.
The authorities cited by Attorney
| Patterson, counsel for Crouch, show
ing that there could be no jurisdiction
over acts not in themselves crimes or
offenses against the laws Of the Unit
ed States, were ignored by the Judge,
who, however, refused to make his
opinion, delivered verbally, a matter
of permanent record. The drafting of
the papers in the appeal of the case
has been completed and It will 90 to
San Francisco for review by the Cali
fornia Federal Court.
Will Refuse cIemency.
Walter Trumbull withdrew his petit
ton from the local court when it be-
came evident that an appeal would be
necessary, in order to take up the
fight on new application for writ of
habeas corpus in the California court
after his arrival at Alcatraz.
The two prisoners, interviewed to-
day, declared that they did not intend
to ask for clemency from the war de-
partment or from the president, and
would probably refuse clemency if It
were offered. They insist that the
issue is clearly defined and must be
fought thru to a finish to determine
the rights and the status of members
of the Workers (Communist) Party.
They say they do not mind the delay.
and are willing to serve as long az
may be necessary in order that the
civil courts may decide the question.
They point out that they have been
convicted solely because OF their sup
port of Communism and in violation of
their rights under the constitution,
and that it is a question of whether
or not the arbitrary opinion of army
officials shall supersede the highest
law of the land.
Officers Stole Mail.
Both Crouch and Trumbull complain
of the autocratic conduct of the local
army officers in Withholding letters
addressed to them for weeks at a
time, and in forbidding them access
to literature and reading matter that
is permitted by the army regulations.
They cite instances where books writ
ten by Americans and published by
Americans have been confiscated by
the officers thru whose hands they
pass.
They are not allowed to see visitors,
and are only permitted to consult with
their legal advisers in the presence
Of sentry. They do not complain OF
physical ill-treatment and both boys
are now in fair health.
They will be placed on board the
U. S. S. Cambria, and will be taken
to Alcatraz disciplinary barracks. in
San Francisco bay, to serve out their
sentences.
They express their thanks to their
comrades who have been active in
their behalf, and their appreciation OF
the sympathy and kindness which has
been shown toward them b. comrades
all over the United States. They are
grateful for the assistance given by
the American Civil Liberties Union,
the International Labor Defense, and
by the little group of friends in Ha-
wall. To all they send the Hawaiian
greeting, aloha"