The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1925-12-06
HORACEKl FOUND
GUILTY. Under
SEDITION LAW
Prosecutor Plays on
Jury's Prejudices
BY ELLA REEVE 5LooR.
q. L. D. Press SerVice.)

the case Of Edward Horacek, active
member Of Maehlnst's Union here
charged with a violation of the Penn
syIvania state seditlon law, found
Horaeek guilty on counts seven and
eight Of the indictment, charging him
with the distribution Of literature, ETC.,
and of membership in a party tend
ing to teach sedition ETC., after it had
been "deadina" one and half hours.
He was found not guilty on all other
counts: Bail has been renewed for
Horacek and the case will be appealed
to a higher court. ~
Fight to Higher Court.
The case of the other eight who are I
also charged with violation 70 the
same law will not come up until the
Horacek case has been fought in the
highest court Of the country.
The jury which tried ,Horacek was
composed of a number Of aged wom-
en-, foreman, and business men. The
personnel of the jury was published in
an earlier issue of The DAILY WORK
Err.
Plays on Preiudices.
The prosecutor in the trial of Ed
ward Horacek, accused of violation
of the state sedition act, made a most
infamatory speech before the jury
denouncing the "reds", Bolsheviks, the
Russian revolution and Lenin, playing
on the prejudices of the jury to re-
turn verdict of guilty. Turnout his
entire speech he made grand stand
play to the jury on their 100 per cent
Americanism.
In referring to Horacek, he launched
on a TRADE, declaring that if he did
not like America, he could go back to
Bohemia where he had dome from and
that Horacek would never receive the
enormous salary in Bohemia that he
was now receiving. q
Workers Party on Trial.
Following the display of ignorance
by the prosecutor, Judge Prather in
his instruction to the jury, said that
the burden OF the proof lays on the
programs of the Workers Party as to
whether admitted membership in the
Workers Party means advocacy of Sc
dition. He also instructed the jury to
examine what the Communist Inter-
national was and the relation of the
Workers Party to the Communist In
ternational In his Instructions the
judge actually placed ii the hands of
the jury the question of deciding
whether or not the Workers Party is
illegal or not. It is not so much a
trial of Horacek as it is of the Work
ers Party in Pennsylvania.
After his instructions the jury ad-
journed to an adjoining room to de-
eide as to the verdict to bring in.
Merriek's cowardice.
Fred Merrick was brought into
court and asked if he was member
of the Workers Party.
Merrick answered "No. Not since
July" aA
viii you renounce future activity
in the party?" was the next question
put to him.
| WILL nc uSWereu. II nave gone
into business in Parkersburg"
The judge then questioned him as
to why he had given up his activities
in the Workers Party.
He answered 81 realized the hope
lessness of my own activities"
For this cowardly action on his part
the judge paroled him, with Attorney
Marshall assuming costs and respon-
sibility for Merrick. Bitter resentment
was felt by many of the workers in
the courtroom when they saw this
cowardly surrender and remuneration.
viii Be Expelled.
Fred Merrick, who, was the district
organizer of the Workers (Com-
munisD Party in the Pittsburgh dis
trict about year ago and who had
for the past year deserted activities
in the party, was instructed by the
Central Executive Committee of the
Workers (Communist) Party to plead
not guilty and to fight this case to the
end. By his refusal to do so, Fred
Merrick win undoubtedly be expelled
from membership d the Workers
(Communist) Party
4