Hellraisers Journal – Wednesday April 30, 1913 Paterson, New Jersey – John Reed Sentenced to 20 Days in Passaic County Jail
From The New York Times of April 29, 1913:
WRITER SENT TO JAIL. ———- John Reed of the American Magazine Among Strike Victims. ———-
The Paterson Evening News April 28, 1913
John Reed, a writer and a member of the staff of the American Magazine, was arrested in Paterson yesterday on a charge of disorderly conduct in the silk workers’ strike. He was arraigned before Recorder James F. Carroll, who, after hearing the evidence, sentenced Reed to twenty days’ imprisonment in the Passaic County Jail. Reed gave his address as 42 Washington Square, and according to some of his friends was in Paterson getting “local color” for a magazine story dealing with the silk workers’ strike.
Reed was at the corner of Cross and Ellison Street yesterday in the centre of the strike zone, talking to three men strikers. Policeman McCormick came along and ordered the men to disperse. The strikers said they lived in the house in front of which they were standing.
“Well, get inside then,” said McCormick.
“But I don’t live in there,” said Reed.
“Well, move on, then,” said McCormick to the magazine writer.
Reed started to obey and then changed his mind and went back to where McCormick was and demanded his number.
An argument between the policeman and Reed followed which ended in the arrest of Reed on a charge of disorderly conduct. He was immediately taken to court and arraigned before Recorder Carroll.
“What’s your business?” asked the Recorder.
“Poet,” answered Reed.
“What’s your business here?” the Recorder asked again.
“None; I am a bystander,” Reed replied.
McCormick then testified that Reed had refused to move on when ordered to do so, and had insisted on questioning his authority.
The Recorder took McCormick’s view of the case and sentenced Reed to jail.
John S. Phillips, editor of The American Magazine, was asked last night if the management of that publication would interest itself in the affairs of Mr. Reed and attempt to have him released from jail on appeal or by suing out a writ of habeas corpus. Mr. Phillips replied that he did not know of any contemplated action by the magazine management and that he did not care to discuss the matter.
Hellraisers Journal – Tuesday April 15, 1913
“Sunday” -Drawing by Maurice Becker, Poem by Louis Untermeyer
-On Sunday September 29, 1912, at Lawrence, Massachusetts, a parade, led by Carlo Tresca, was attacked by police. The I. W. W. marchers were on their way to the cemetery in order to place flowers on the grave of Anna LoPizzo, martyr of the Lawrence Textile Strike. Tresca was seized by police, but freed by his Comrades.
Hellraisers Journal – Wednesday December 8, 1920 Max Eastman: “John Reed sacrificed a life to the revolution…”
From The Liberator of December 1920 -“Fog” by John Reed:
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JOHN REED
[-from Speech by Max Eastman.]
WE have been reading in the great newspapers of this city the last few days very appreciative accounts of the life and character of John Reed. They have permitted themselves to admire his courage and honesty and the great spirit of humorous adventure that was in him. They permit themselves to admire him in spite of the fact that he died an outlaw and a man wanted by the police as a criminal. They admire him because he is dead. But we speak to a dIfferent purpose. We pay our tribute to John Reed because he was an outlaw. We do not have to examine the indictment, or find out what special poison the hounds of the Attorney-General had on their teeth against John Reed. We know what his crime was-it is the oldest in all the codes of history, the crime of fighting loyalty to the slaves. And we pay our tribute to him now that he lies dead, only exactly as we used to pay it when he stood here making us laugh and feel brave, because he was so full of brave laughter. Our tribute to John Reed is a pledge that the cause he died for shall live.
Hellraisers Journal – Friday December 27, 1918 New York, New York – Jack Reed & Art Young on Second Masses Trial
From The Liberator of December 1918:
-Defense Attorney Seymour Stedman by Art Young
SEYMOUR STEDMAN, attorney for the defense, in his eloquent summing up, referred as follows to the fact that the Masses editors asked an injunction compelling the Post Office to mail the very magazine for publishing which they were later indicted:
Do men who are committing a crime go into a Federal Court and face a District Attorney and ask the privilege of continuing it? A strange set of burglars! A strange set of footpads! A strange set o smugglers! A strange set of criminals! I ask Mr. Barnes to tell you when before in his experience, men in the City of New York came in and filed an appeal, opening all their proof and all their evidence and all their testimony and said, “if the Court please, we insist on the right to continue this deep, dark, infamous conspiracy, and have it sanctified by an advocate of the United States Court.” History finds no parallel that I know of in any criminal procedure which has ever taken place.
-John Reed on Second Masses Trial
About the Second Masses Trial
by John Reed
IN the United States political offenses are dealt with more harshly than anywhere else in the world. In the amendment to the Espionage Act [the Sedition Act] it is made a crime equivalent to manslaughter to “criticize the form of government.” The sentences in Espionage cases run anywhere from ten to twenty years at hard labor, with fines of thousands of dollars.
Don’t worry, Fellow Worker,
all we’re going to need
from now on is guts.
-Frank Little
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Hellraisers Journal – Wednesday November 13, 1918
Legal Defense of Industrial Workers of the World Sabotaged
From The Liberator of November 1918:
IN the midst of our rejoicing over the second disagreement in the Masses case, comes news of continued persecution of the I. W. W. Not content with its power to arrest and hold in prison for months under outrageous bail, workingmen known to be penniless, agents of the Department of Justice, aided by Post Office officials, deliberately prevent the friends of these men from collecting the funds which are absolutely necessary to ensure them a fair hearing. This discrimination against men “presumed to be innocent” was notorious in the Chicago case. We learn from the Civil Liberties Bureau that the same methods are being employed to weaken the defense in the remaining I. W. W. cases. And we know from our own experience that letters to I. W. W. branches are returned as “unmailable” under the supreme power exercised by Mr. Burleson under the second Espionage Act. Words cannot be found to express the indignation that any real Democrat must feel at this continued reign of terror.
We print below a memorandum recently sent to the President by the National Civil Liberties Bureau.
I. Interference by Agents of the Department of Justice
Hellraisers Journal, Thursday June 6, 1918
New York, New York – The Masses Trial as Told by a Defendant, Part II
The trial of the those connected with The Masses began on April 15th of this year and resulted in the dismissal of the jury on April 27th, for failure to agree on a verdict. Another trial of the defendants is certain, according to the prosecution. Floyd Dell, one of the defendants, tells the story of that trial wherein the defendants were facing up to twenty years in prison for alleged violations of the Espionage Act of 1917. We began with Part I yesterday and conclude today with Part II.
The Story of the Trial [Part II]
By Floyd Dell
Speech of Dudley Field Malone
[Said Mr. Malone:]
This is a case of large issues-issues which go to the very source and purpose of our Government. And so I would like to read to you very briefly a historic statement of these issues-for these things have been spoken with classic utterance, and doubtless you would rather hear them from the original sources than from me-in order that you may have in your minds certain fundamental considerations in reaching a verdict and a judgment in this case.
In I792, Thomas Erskine defended one of the signers of our Declaration of Independence for printing a book-the “Rights of Man.” Thomas Paine had written that book, and it was being defended, and at that time Erskine laid down certain fundamental propositions from which flow the liberties of the press in all English-speaking countries.
Erskine said: “Every man not intending to mislead and confound, but seeking to enlighten others with what his own reason and conscience, however erroneously, may dictate to him as truth, may address himself to the universal reason of a whole nation
And that is the basis, gentlemen, that is the crux thought, underlying the freedom of the press. If anyone in this country has the power to say by autocratic power that a certain thought, because he disagrees with it, shall be taken out of the public discussion, there will no longer be a free expression of opinion.
Erskine said further, speaking of Paine-and he disagreed entirely with the opinions of his client, he did not agree with Paine’s views at all-“His opinions indeed were adverse to our system, but I maintain that opinion is free and that conduct alone is amenable to the law.”
I hope you will take that as the crux idea in this case in formulating your judgment-that opinion in a democracy like ours, must be free freely spoken, freely written. Only conduct is amenable to law.
“For heaven’s sake, wake Art Young up,
and give him a pencil!
Tell him to try to stay awake
until he gets to jail!”
-Attorney Malone
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Hellraisers Journal, Wednesday June 5, 1918
New York, New York – The Masses Trial as Told by a Defendant
The trial of the those connected with The Masses began on April 15th of this year and lasted for about two weeks, ending in a hung jury. A new trial is certain, according to the prosecution. Floyd Dell, one of the defendants, tells the story of that trial wherein the defendants were facing up to twenty years in prison for alleged violations of the Espionage Act of 1917. We begin with Part I today and will conclude tomorrow with Part II.
From The Liberator of June 1918:
The Story of the Trial [Part I]
By Floyd Dell
AT 10:30 o’clock in the morning on April 15 we filed into one of the court-rooms on the third floor of the old Postoffice Building, and took our places about a large table in the front enclosure. Ahead was a table at which sat three smiling men from the district attorney’s office; higher up, on a dais, behind a desk, a black-gowned judge, busy with some papers; to the right a jury-box with twelve empty chairs; and behind us, filling the room, a venire of a hundred and fifty men from among whom a jury was presently to be selected.
It was with the oddest feelings that we sat there, waiting. It seemed strange that this court-room, this judge, this corps of prosecutors, those rows of tired men at the back, had any personal relationship to us. It took an effort to realize that we were not there as interested observers, but as the center of these elaborate proceedings.
It was more than strange, it was scarcely credible. Was it possible that anyone seriously believed us to be conspirators? Was it conceivable that the government of the United States was really going to devote its energies, its time and its money to a laborious undertaking, with the object of finding out whether we were enemies of the Republic! It was fantastic, grotesque, in the mood of a dream or of a tragic farce. It was like a scene from “Alice in Wonderland,” re-written by Dostoievsky. But it was true. We did not expect that the judge, frowning as he read over the papers before him, would suddenly look down at us over his spectacles and ask: “What the devil are you doing here? Don’t you know that I am a busy man, and that this is no place for silly jokes?”
No….For we knew that war produces a quaint and sinister psychology of fear and hate, of hysterical suspicion, of far-fetched and utterly humorless surmise, a mob-psychology which is almost inevitably directed against minorities, independent thinkers, extreme idealists, candid and truth-telling persons, and all who do not run and shout with the crowd. And we of the Masses, who had created a magazine unique in the history of journalism, a magazine of our own in which we could say what we thought about everything in the world, had all of us in some respect belonged to such a minority. We did not agree with other people about a lot of things. We did not even agree with each other about many things. We were fully agreed only upon one point, that it was a jolly thing to have a magazine in which we could freely express our individual thoughts and feelings in stories and poems and pictures and articles and jokes. And when the war came we were found still saying what we individually thought about everything-including war. No two of us thought quite alike about it. But none of us said exactly what the morning papers were saying. So–
We rose to answer to our names: Max Eastman, Floyd Dell, Merrill Rogers, Art Young, Josephine Bell*-a poet-philosopher, a journalist, a business manager, an artist, and a young woman whom none of us had ever seen until the day we went into court to have our bail fixed. And there was another, invisible “person” present, the Masses Publishing Company, charged, like the rest of us, with the crime of conspiring to violate the Espionage Act-conspiring to promote insubordination and mutiny in the military and naval forces of the United States and to obstruct recruiting and enlistment to the injury of the service. We all sat down, and the trial had begun.
*John Reed, war-correspondent, and H. J. Glintenkamp, artist, also indicted, were not on trial
People who demand neutrality
in any situation
are usually not neutral
but in favor of the status quo.
-Max Eastman
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Hellraisers Journal, Tuesday June 4, 1918
New York, New York – Retrial of Masses Editors Expect
From The Liberator of June 1918:
The Masses Case
THE prosecution of the editors of The Masses for “conspiracy to obstruct recruiting and enlistment” is an attack on the lawful freedom of the press.
It is not an attempt to defend the country against conspirators, spies, or any other classes of criminals contemplated by those who framed the espionage law.
It is an attempt to put four American citizens in jail for expressing their lawful opinions. And it is the culmination of a series of acts which the New York Evening Post has described as “governmental persecution.”
Not one word of evidence to prove that these men ever wrote to each other, or ever discussed the subject of the draft or enlistment with each other, after the passage of the espionage law, was adduced by the government.
Not a word of direct evidence that they intended to, or wanted to, or ever even imagined or discussed the possibility that they might obstruct recruiting or enlistment.
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