Jasper County Democrat, Volume 21, Number 94, Rensselaer, Jasper County, 22 February 1919 — BERGER AND 4 GIVEN 20 YEARS [ARTICLE]

BERGER AND 4 GIVEN 20 YEARS

Pledge Silence and Seek $25,000 Bail Each to Avoid Cells. FINES ARE NOT IMPOSED Judge Alschuler Rules That Berger May Defend His Seat In Congress —Defendants All Prominent in Socialist Anti-War Propaganda. Chicago, Feb. 21. —Congressmanelect Victor L. Berger of Milwaukee and each of his four convicted of violating the espionage act and being in a conspiracy to obstruct the United States from being victorious over Germany, were sentenced to 20 years’ imprisonment in the federal penitentiary at Leavenworth, Kan., by Federal Judge Kenesaw M. Landis. They are attempting to gain their freedom on $25,000 bonds each fixed by Judge Samuel Alschuler of the United States circuit court of appeals. It was expected they would be able to furnish acceptable sureties in the form of $250,000 of real estate. In the meantime they were held in the office of United States Marshal John J. Bradley. Demand Silence Pledge. In granting them a stay from going at once to prison pending the hearing of their appeal in the higher courts and permitting their release on bonds after Judge Landis had denied such a plea, Judge Alschuler took from each a pledge that their lips would be sealed until their cases are finally disposed of. The pledge was given without a dissenting voice among the defendants. “While the minorities have rights,” Judge Alschuler said, “the majorities also have rights which must not even seemingly be transgressed. Even though these defendants may feel they have a conscientious right to do the things for which they have been convicted, a court has decided that they were guilty of an offense. They must refrain absolutely from doing those things and saying those things for which they have been convicted. If their promise Usn’t kept until their cases are disposed of, their enlargement upon bail will terminate. Their attorneys will be held responsible for their action.”

Berger Can Defend Seat. After Judge Alschuler had delivered his ultimatum, there was a whispered conference between Berger, his four co-defendants —J. Louis Engdar.i, editor of the American Socialist; William F. Krause, secretary of the “Ylpsels,” the draft-evading organization of the' antiwar Socialists; Irwin S„t. John Tucker, the Episcopalian rector, and Adolph Germmer, secretary of the Socialist party —and their battery of counsel. “Does this meaq that they cannot act in their capacities as officers’ of the Socialist party?” Harry Cochems, personal attorney for Berger, finally asked of Judge Alschuler. “The Socialist party has not been on trial. I don’t understand that anyone has been convicted merely because he is an officer of a political party,” the judge replied. “An Exceptional Case.” “Well, we understand that Mr. Berger is to be given a hearing before the house committee on privileges and elections within a week in the contest for his seat in congress. Does the agreement apply there?” queried Mr. Cochems. “No, there are exceptional cases of that sort, of course,” replied Judge Alschuler. “Then we will try to adhere cisely to your honor’s request,” was the promise of Cochems in behalf of the defendants. They Become Meek. The meek demeanor of the defendants in the appeal court proceedings was in exact contradiction to their attitude in Judge Landis’ court. ' Prior to the imposition of the flfth-of-a-century sentence upon each, five hours they had Indulged in oratory — all five participating —following the court’s asking if they “had anything to say.” They berated the judge and jury; used the same utterances which led to their conviction and flatly declared “no power w’ould ever seat their lips.” With the trip to the federal prison staring them in the face they wilted and agreed to do the thing they told Judge Landis they neyer would do.