The people's voice., 1941-09-24

~
court of appeals are being made
against the conviction of Robert
Wood, owner of the Progressive Book
store, Oklahoma City, and others
whose trials have been based on books
seized in a raid on the bookstore last
summer. The case is of special in
terest to the book trade not only
because the bookstores entire con
tents were seized and held, but be
cause customers in it were arrested
and because books, rather than any
overt act, were used as evidence to
convict several persons on charges OF
criminal syndicalism.
The history of the case goes back
to about a year ago, when an un-
official raid, previously announced
over the radio by one Father Webber
was made on the store by vigilante
organization. The shop is at 129 "
West Grand Avenue. Father Weber
also announced that the books seized
would be burned in the Oklahoma City
stadium. This later took place, and
among the publications destroyed
were many copies of the Declaration
of independence and the Constitution.
On August II, 1910 an official raid
took place ON the store and five
homes, simultaneously The shops
entire stock was cleaned out, COM
prising some 10000 volumes including
current works of fiction, economics,
ETC., circulated by most bookstores
and libraries. These are now held as
evidence in a cell in the county Jail,
and will be destroyed when no longer
needed unless the convictions based
on them are reversed. At the same
time a number of persons were seized
who were merely present in the shop
as customers or browsers, and one
who was a carpenter, fixing shelves.
All were held incommunicado for sew
eral days. Eighteen people alto
gether were seized; 12 were charged
with criminal syndicalism and balls
up to 100000 each were fixed; six
were held as material witnesses. Four
so far have been convicted. All are
out on bail, which has been reduced
from a total of $4,000 to about $751;
900 at the present time.
Two types of charges were placed
against the defendants. One was
charge of distributing literature ad-
vocating violence as a means of ac-
changes; the other charge was mem
bership in the communist party.
Mr. Wood, who is state secretary of |
the communist party, was tried in |
October on the first of these charges.
On October 18th he was convicted and |
fenced to 10 years in prison and $5,-
900 fine, the maximum penalty After
the trial Oklahoma papers reported
that the case was unique in that only
books, pamphlets and documents re-
lating to the communist party and the
and no attempt was made to show
that the defendant committed an |
overt act or personally advocated vio-
lence. In this trial no witnesses for
the defense were permitted, although
the defense wished to have a Univer-
sity of Oklahoma student testify that
the University library, as well as Ii
Draries all over the country, contain
and distribute copies of the books
used as the main discriminating evi
lence in the Robert Wood trial.
Alan Shaw city secretary of the
lor,1 11Inict rapfu Wac tha oaoond do.
endant to be tried and convicted. He
s not connected with the bookshop.
He was tried for membership in the
communist party, on the contention
hat such membership constitutes
criminal syndicalism. However, the
state used exclusively books, pam
)hlets, etc., seized in the August 18th
aid, to prove that the party advo-
ates violent revolution and that Mr..
shaw was guilty because of his mem
,ership in it. Mr.. Shaw was also
ound guilty, and sentenced on Decem-
'er 18th to the same penalty as Mr..
Wood. The same verdict and SEN
ence also resulted in the trial of Eli
affee, completed May 22nd In his
rial the judge admitted $500 pieces
f literature as evidence and said they :
yere entirely different from library )
objection. In this case, however, the ;
udge told the jury for the first time )
hat mere possession of the books ;
ould not be construed as incriminat-
ng evidence, and that it would have
D be shown from "other circum-
tances" that they represented the
Jews of the party or of Mr.. Jaffee,
Tho is not connected with the store. \
Ina Wood, Robert Woods wife, was