The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1934-03-07
Canada Bars
w Orkers from
Smith Trial
Judge Refuses Motion
To Quash Indictment;
Detectives Confused
By OSCAR RYAN
tspeclal 70 the Daily WORKER

Especial TO the Daily Worker
TORONTO, Canada, March e.
Crown Prosecutor Peter White, K.C.,
yesterday completed the c-3vy,'5
case seeking conviction OF A. Z.
Smith, Genera! Secretary o. tie
Canadian Labor Defense League, on
charges Of seditious utteranceS al
legedly made st the Progressive
Arts Club Eygeis Hall meeting,
Jan. II, protesting the governments
ban on the play Eight Men Speak.
Chief Justice Rose denied q de-
Tense motion to quasn the iad!ct-
mei1t. Chief Of defense counsel,
Hon. E. J. Murray, K.C.. formerly
solicitor general in the Mackenzie
King government, had moved for
quashing the indictment on the
grounds that no counts. had been
enumerated and no particulars Of
alleged ofYense given in the indict-
ment, nor does it contain any ale
cations constituting seditious utter
ances.
The prosecutor opposed the de-
Tense motion with tie argument
that seditiouS words are words ut
tered with seditious intention. The
chief iustica admitted that sucA a
definition doesn't get much fur
tlleT-," but nevertheless upheld the
prosecutor.
Smith is alleged to have CHARGED
the government with ordering the
nluroerous attack which occurred a
few weeks ago on Tim Buck when
prison Guards fired several shots at
him. The prosecutor declared. that
it was unmatched whether or not
an attempt had been made OF
Bucks life. That was no point m
der consideration. he stated. calling
on the jury to dismiss political is
sues.
Free Speech Guaranteed, But
Declaring in effect that an indi-
vidual has no riaht to expose the
terToristic acts Of the government,
the prosecutor stated that the
prosecution Of Smith was in no
sense an attack on free soeech. He
declared it has been from time I'M
memorial the right Of every Can
adian citizen to express himself
freely, and fully, either BIZ speech,
pamphlet, newspaper or from the
platform, and to criticize acts OF the
government and rs members so
long as expressions do not conura-
vene the Law. A similar statement.
It will be remembered, was made IN
the same courtroom In November
1881, when Tim Buck and seven
other leaders Of the Communist
Party OF Canada we're sentenced to
prison for their worSing-class ac-
tivities.
Army Of Police No. Workers From
Court
The courtrcc.-? was closely
guarded by an army OF mounted
and foot police, who patrolled the
district, and turned away hundreds
OF workers who had come out to
express their solidarity with the de-
9endant. Today's proceedings were
covered by an unusually large
number OF press reporters. In or
DER to gain access to the press table
your correspondent had to obtain
special permission from the sheriff
and was barred from the court room
altogether until I was able to obtain
pass from him.
The jury Is composed Of three
farmers, real estate agent, a sales
man, g sales clerk, two clerks, q
piaIc:naker, cabinetrnaker, a sill
versmith and business agent. Ser
gean5 Of Detectives Nursey, chief
prosecution witness, was present in
court during nearly all the proceed
ings, constantly comforting with the
prosecutor. apparently advising him
and closely scanning every member
OF the jury panel.
Nursey, IN three minutes, read
two pages Of written foolscap notes
which he swore contained everything
Smith had said during the course OF
Smiths Commute speech at Eygeia
Hall. Acting Detective Mann, Of
the Red Squad, declared no police
stenograpaer was at hand at the
meeting to take notes Of snaitll's
! speech,
Chief defense attorney McMur
ray, In cross-examination OF Nursey
Mann and Tfnsley, asked these de-
tective witnesses to repeat part OF
their testimony made in court few
minutes earlier The detectives
however were not. absolutely sure
OF exactly what had been said by
Themselves. This despite the clearly
cooked-up nature Of their testimony
as shown when Mann repeated
practically word Tor word. the testi-