The New loternational, November 1, 1917. The Case of Fraina and Cheyney Inele care of Louis Frains and counsel for Fraina, completely amashed prosecction tried to strike a blow of us Telegram received. No specific ar Edward Ralph. arrested the movement that they represent. gwer at present, matter being still under meeting of Conscientious Objectors. Boudin first succeeded in having Moreover, the law of conspiracy consideration by the President and the jury in the United States District Court the first count in the Espionage indict under which they were tried is one of Secretary of War.
returned a verdict of guilty on the ment dismissed: and before the case the most dangerous statutes that can indictment alleging conspiracy to aid, In his charge to the Jury, the judge went to the jury, he made a motion to be and has been repeatedly used against used these telegrams against the do abet and induce men of military age. diamiss the Espionage indictment entire the workers and their representatives. fendants. He wid in substance that it to evade and violate the Draft Law. ly, on the ground that the statute re Where the prosecution cannot prove a the defendants knew of the sending of The government had indicted Fraina ferred to attempts to incite mutiny, in crime, they ind. ct for conspiracy, and the first telegram, and were aware and Cheyney under the Draft Law and subordination and the refusal of service in this way secure a conviction which that the organization holding the meet under the criminal section of the in the actual armed forces of the United otherwise would be impossible. The case ing consisted of men who declined all Espionage Act.
States, and that the evidence did not must be fought to finish.
forms of military service, then the Each indic ent carrie But most important of all is this fact: defendants were guilty of implied for two counts: show that there were present at the the Draft Low indictment alleged (1) meeting any men actually in the military that if the verdict Standa, orennizations apiracy, and the jury should find them that the defendants had conspired to service of the United States. In spite of Conscientious Objectors may be guilty.
themselves violate the draft law by of the frenzied arguments and objection automatically indicted for conspiracy agreeing to refuse military service; and of Prosecutor Content, the Judge frent violate the draft law. Here are the facts This ruling is monstrous, and the (2) that they had conspired to aid. ed the motion. This is an important in prool: verdict must not be allowed to stand.
induce and abet others to violate and ruling. as it shows that there should The defense introduced in evidence If it does, then two conscientious Obevade the law, be no indictment under the Espionage two telegrams, to show that the meeting jectors are guilty of conspiracy by virwas part of a general movement to dioThe indictment under the criminal Act unless the actual military forces are tue of their convictions, and organizasection of the Espionage Act charged involved.
cuss the status of the Conscientious Obtions of Conscientious Objectors may be (1) an actual attempt to create mutiny, la his address to the jury. Mr. Con jectors. The first telegram, sent by The automatically indicted and convicted.
insubordination and the refusal of duty tent indulged in a lot of talk about League of Conscientious Objectors to The issue is serious. We must fight in the army and navy of the United Americanism, and free speech not being Secretary of War, Newton Baker.
was as follows: out the issue. The defense is organizing States; and (2) a conspiracy, to commit license, and insisted upon a verdict of guilty. On behalf of 3500 Conscientious Obthe same offense. campaign in order to arouse public Nectors whose. idealism compels them to sentiment against the outrage. It seeds The prosecution In his speech to the jury Boudin introduced made powerful argument on the decline all forms of military service, evidence the speech made by Cheyney money. Counsel for Fraina is not being we ask: What of the Conscientious Ob. paid for his service: all money it as chairman of the meeting, and the mcrits of the case. This was a prosecu.
speech of Fraina as well as his leaflet tion of over excitement. Conspiracy is jector? May we have your reply noi ceived will be used to pay the actual on Conscientious Objectors. The pas legally very broad and indefinite. later than Thursday, so that we can expenses of the appeal (printing, filing, advise our meeting the stand you etc. and for printing pamphlet. sages in Fraina speech considered most specific act or crime is not sufficient describing the case in full and for objectionable by Assistant United States proof to convict, as the facts must show suggest.
District Attorney Harold Content conspiracy. The simple fact is that The reply. sent by Keppel, general propaganda. Send all funds to there has been no evidence introduced Confidential Clerk to the Secretary of were as follows: Rutgers, 477 Eust 16th Street, to show that these defendants entered War, was as follows: Brooklyn, N, This country is blessed from the capitalist standpoint, and cursed from meeting was to discuss the problem of into cospiracy. The purpose of the Lenin on the Russian Land Problem the working class standpoint, by.
president peculiarly adept in the coining sentiment to bring pressure to bear SINCE the peasants form the great without causing damage to the property Objectors, to create of phrases, in the making of symbols.
mass of the Russian population, and should use all efforts to increase which iq themselves meas nothing in upon the government and the president the outcome of the present revolution the production of grain and meat, as the struggle for democracy, but which to recognize their convictions. This has largely depends upon their attitude, and the soldiers suffer immensely from been a general public problem, discussed are io glittering that they exert a poisonthe position taken by different parties hunger. The constitutional wembly will ous influence on the minds of the meeting, and the speeches and leaflet, even by the Secretary of war; and this towards the land problem therefore is have to arrange for the definite divin people.
most important. The fact that the Provision of land, but temporary division were part of this reneral public dissional Government does not even at for the coming harvest is only possible They are not going to exempt the cussion.
Conscientious Objector. They are going tempt to solve the problem may contri through local committees, because the When the case went to the jury, there bute largely to its failure.
Provisional Government, a government to penalize us. They are going to comwere two counts in the indictment, the It is of great interest to learn the of by land owners and capitalists, postpel us, if they can compel us. But attitude of the Bolsheviki towards the pones the calling together of the constiwy right now that they cannot code: one aleging that the defendants conscript the Conscientious Objector. They spired to themselves evade the draft peasants to expressed in a letter written tutional ensembly. In order to bring the cannot conscript the Conscientious of law, and the second that they conspired by Lenin, in accordance with instructions land to the workers, it is pecessary to to aid, abet and induce others to do the from the Central Committee of the Som jectors, because we have made up onr create close contact between the same thing. The jury found the de cial Democratic Party in Russia to the ninde and we are going to stick.
The passages from Fraina leaflet and guilty on the second.
fendants not guilty on the first count, Congress of Peasanus. Delegates. Part industrial workers and the poor considered most objectionable are us of the better relating to the land problem persents who are semi proletarians.
Without such co operation, it is impor follows: The Judge, Robert Ervin, imposed reads us follows: sentence of thirty days for each de The difference between us (the Bol sible to defeat the capitalists, and with The Conscientious Objector is de fendant in the Mercer County, sheviki and the Social Revolutionists. out such a defeat the land will not com termined, come what may, to rufuse all penitentiary. The reason for the light as well as the Mepsheviki, manifest in the hands of the people, and there forms of military service.
sentence, according to the judge was themselves in three important issues: the will be no liberation from poverty. With He is equally determined to refuse the youth of the defendants. District land problem, the war problem and the alternative, or non combatant service. Attorney Content pleaded for a heavy organization of the State.
out money, without capital, it is impor Against all forms of military ser sentence, particularly for Fraing, whom All the land must belong to the sible to get tools, cattle, vooda The vice, because all are equally objection he accused of being the more dangerous people. All the land of the big land peasants should not rely on capitalists able. that is our animating purpose.
of the two, editor of The New Internaownert has to be transferred to the nor on rich land owners, who are The Conscientious Objector is sup tional, and very active in the pro pensants without payment. This is capitalists as well, but only on the workremely indifferent to what the governpaganda.
relevant. But the difference regards the ers, from the cities, ment, may decide.
The case is being appealed, in spite following: will the peasants themselves emo The prosecution was determined upon of the light sentence, because there are take possession of the land immediately conviction, refusing counsel for the BUNDLES: vital reneral principles involved. This without paying anymore rent to the defence sufficient time in which ade is the first case where Conscientious ob land owners, without waiting for the quately to prepare the case. It is underHelp along the good work by order.
jectors have been convicted because constitutional membly, or will they not?
stood that this procedure was dictated of their propaganda; Fraina and Chey. Our party in of the opinion that they ing a bundle of The New latenational by order from above.
Dey were in fact indicted us Conscien should do this and advises the peasants During the trial itself, which lasted tious Objectors, tried. Conscientious to uke immediately and locally posses a copy four days, the defense, under the able Objectors, and convicted us Conciersion of the land. They should do this us ORDER ONI NOVI management of Louis Boudin, tious Objectors. Through them the much possible in a organized way, 12