Hellraisers Journal: The Liberator: “Is Civil Liberty Dead?” -on the Department of Justice & the Persecution of the IWW

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Don’t worry, Fellow Worker,
all we’re going to need
from now on is guts.
-Frank Little
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hellraisers Journal – Wednesday November 13, 1918
Legal Defense of Industrial Workers of the World Sabotaged

From The Liberator of November 1918:

Is Civil Liberty Dead? Liberator, Nov 1918

WWIR IWW Remember the Boys in Jail, OH Sc p3, Aug 21, 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

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Hellraisers Journal: “If I find Debs used the words reported to me, I will take immediate action to have him prosecuted,”

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You need to know that you are fit for something
better than slavery and cannon fodder.
-Eugene Victor Debs

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hellraisers Journal, Tuesday June 18, 1918
Canton, Ohio – Federal Agents Were on Hand at Nimisilla Park

From the Cleveland Plain Dealer of June 17, 1918:

DEBS URGES AID FOR BOLSHEVIKI FROM AMERICA
—–
Suggests Army of 1,000,000 Socialists to Help
Russia Resist Prussian Aggression.
—–

FIGHT CAPITALISTIC WAR
—–
U. S. Agents Hear Speeches
at Canton Convention;
May Act.
—–

BY C. R. MILLER.
Staff Correspondent Plain Dealer.

EVD, Debs Canton Nimisilla Park, June 16, 1918

CANTON, June 16.-Hundreds of Socialists, including scores of delegates to the Ohio Socialist party convention which has been in progress here since Friday [June 14th], went on record today as being unequivocally opposed to “a war of capitalism.”

The Socialists of Ohio were urged to stand by the party’s program by Eugene V. Debs, three times Socialist candidate for president, who addressed the closing session of the convention which took the form of a picnic at one of Canton’s public parks.

J. J. Fried, Cleveland Socialist, said Debs had approved a plan for American Socialists’ co-operation with the Bolsheviki by sending an army of 1,000,000 men to their assistance.

Mr. Debs, after paying tribute to Socialist leaders, particularly to those of Cleveland who had “the moral course” to go to jail for the sake of their principles, praised I. W. W. members, referred to the Bolsheviki as “our comrades who have made Russia a land of living light,” and charged the purposes of the allies in the war is the same as that of the central powers-a desire for plunder.

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Hellraisers Journal: From The Liberator: Floyd Dell Recounts The Masses Trial; “Constitutional Rights…are not a gift.”

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Quote Morris Hillquit, 1st Masses Trial Apr 1918, Liberator June 1918
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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

Masses 1st Trial, Malone by Art Young, Liberator p14, June 1918

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.

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Hellraisers Journal: From The Liberator: Floyd Dell Recounts The Masses Trial; Art Young Found Asleep in Courtroom

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“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

Masses 1st Trial, Dell by B Robinson, Liberator p13, June 1918

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

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Hellraisers Journal: From Behind the Bars of the Cook County Jail, Fellow Workers Publish Weekly Menu

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Don’t worry, Fellow Worker,
all we’re going to need
from now on is guts.
-Frank Little

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hellraisers Journal, Wednesday May 15, 1918
Chicago, Illinois – Worse and More of it in the Cook County Jail

Remember Political Prisoners by Bingo, OH Sc, Mar 10, 1918

In Chicago, the Federal Trial of the Industrial Workers of the World is ongoing. The prosecution has been presenting its case, beginning on May 2nd, and shows no signs of wrapping things up any time soon. As Chief Prosecutor, Frank K. Nebeker, drones on and on, reading in his unrelenting monotone from the I. W. W. literature and letters seized in the federal raid upon Union Headquarters, the defendants, the jury, and the spectators struggle to stay awake. Meanwhile, we pause to remember that not all of our fellow workers have been able to secure bail, and they remained locked behind the bars of the Cook County Jail. From behind the bars of that institution, the class-war prisoners have managed to smuggle out the weekly menu from the Cook of Cook Jail.

From The Industrial Worker of April 27, 1918:

Menu Cook County Jail-1, Eat Bye and Bye, IW, Apr 27, 198Menu Cook County Jail-2, Eat Bye and Bye, IW, Apr 27, 198

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Hellraisers Journal: Great Chicago Labor Trial Begins; Elizabeth Gurley Flynn Granted Separate Trial

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Quote Giovannitti, Prevail

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hellraisers Journal, Thursday April 4, 1918
Chicago, Illinois – Federal Trial of I. W. W. Underway

From The Salt Lake Tribune of April 1, 1918:

100 I. W. W.’S WILL GO TO TRIAL TODAY
—–
Government’s Charged Include Sabotage,
Intrigue and Conspiracy.
—–

WWIR, In Here For You, Ralph Chaplin, Sol Aug 4, Sept 1, 1917

CHICAGO, March 31.-More than 100 Industrial Workers of the World will go on trial tomorrow before Federal Judge Landis, charged with conspiracy to disrupt the government’s war programme.

One hundred and sixty-five men and one woman were named in the true bill returned by the September grand jury, but forty escaped capture. Cases against ten have been dismissed, and three, including the woman, Elizabeth Gurley Flynn of New York, have been granted separate trials.

The government’s charges against the defendants include allegations of sabotage, including the slowing down of production and the wanton spoilage of material, propaganda for strikes to delay the output of war munitions and covert intrigue against military service.

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Hellraisers Journal: 103 Fellow Workers Plead “Not Guilty” to Charges of Conspiracy in Chicago Federal Court

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Don’t worry, Fellow Worker,
all we’re going to need
from now on is guts.
-Frank Little

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hellraisers Journal: Sunday December 16, 1917
Chicago, Illinois – I. W. W. Defendants Appear Before Judge Landis

From the Kansas Pittsburg Daily Headlight of December 15, 1917:


I.W.W. DEFENDANTS FILLED
A COURT ROOM


BEFORE JUDGE LANDIS AT CHICAGO,
ACCUSED AGITATORS PLEADED NOT GUILTY.
—–
“American Bolsheviki Without Whiskers,”
as U. S. Lawyer Described Them,
Appeared to Answer Conspiracy Charge.
—–

Big Bill Haywood, ISR, Nov 1917

Chicago, Dec. 15.-One hundred and three alleged members of the Industrial Workers of the World, probably the largest number ever assembled in one court room to answer the charges of conspiracy against the federal government, pleaded “not guilty” when arraigned before Judge Landis in the United States district court today.

In general appearance the defendants resembled a typical jury panel. There were exceptions, however, for among the I. W. W. there are not a few who pretend to literary merit. There are some who confess themselves poets, and a few are orators. These might be distinguished by the flowing Windsor tie and the soft collar of the artist or musician, by the stiff rearward brush of the hair, or, in one or two instances, by a neatly trimmed Van Dyke beard. One of the government lawyers referred to them as “the American Bolsheviki, without the whiskers.”

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Hellraisers Journal: Federal Agents Move Against IWWs in Kansas Oil Fields, Fifty Arrested in Butler County

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IWW on War and Class Solidarity, Dec 1, 1916

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Hellraisers Journal, Wednesday November 21, 1917
Butler County, Kansas – I. W. W. Oil Workers Seized by Feds

IWW Label, IWWC Proceedings held Nov-Dec 1916

A round-up by federal agents of members of the Industrial Workers of the World has commenced in Butler County, Kansas. Reports from Kansas indicates that most of those taken into custody were members of the Oil Workers Industrial Union. Butler County is located just east of Wichita. The county seat is located at El Dorado.

From The Topeka State Journal of November 20, 1917:

FEDERAL AGENTS START A ROUNDUP
I.W.W. IN KANSAS
—–
Fifty Arrests Made in Butler
Oil Fields Today.
—–
Starts Gigantic Drive Thru
Forest of Derricks.
—–

ATTORNEY ANNOUNCES CLEANUP
—–
“Workers” Won’t Get Chance to
Duplicate Okla. Trouble.
—–
Robertson, U. S. District Attorney,
Will See to It.
—–

Kansas City, Nov. 20.-A roundup of I. W. W’s in the oil fields of Kansas is to be made immediately, Fred Robertson, district attorney for Kansas, announced late today. Already more than fifty alleged I. W. W.’s were arrested in the Butler county oil fields today, it was announced.

The arrests today were made in the vicinity of Augusta by state and federal agents, it was announced. A tent alleged to have been used for I. W. W. meetings there was raided and a great quantity of literature was seized.

The purpose of the raids will be to rid the oil fields of the state of undesirables, federal officers say, and each man arrested will be examined as to whether he was registered.

The presence of alleged I. W. W.’s in the Butler county fields recently led to the placing of armed guards.

———-

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Hellraisers Journal: Max Eastman, John Reed, Art Young & Four Others from The Masses Indicted by Federal Grand Jury

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In the relations of a weak Government
and a rebellious people
there comes a time when every act of the authorities
exasperates the masses,
and every refusal to act excites their contempt.
-Jack Reed

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hellrasiers Journal, Tuesday November 20, 1917
New York, New York – The Masses & Staff Indicted by Federal Grand Jury

Max Eastman, John Reed, Art Young, for HJ Nov 20, 1917

Max Eastman, John Reed, and Art Young, and others connected with The Masses now stand charged with conspiracy in violation of the Espionage Act.

From the Binghamton Press and Leader of November 19, 1917:

MAX EASTMAN OF MASSES INDICTED
—–

New York, Nov. 19.-Max Eastman, publisher of The Masses, a magazine recently denied second class mail privileges was indicted here today with six others connected with the publication of a charge of conspiracy in violation of the espionage act by the Federal Grand Jury. Bench warrants were immediately issued for their arrest.

Those named with Eastman were Floyd Dell, managing editor; C. Merrill Rogers, Jr., business manager; Henry R. Glenter-Kamp [Glintenkamp], cartoonist; Arthur Young, artist; John Reed, writer, and Josephine Bell, writer.

In addition two other indictments for attempting to use the mails for non-mailable matter were returned against The Masses Publishing Company as a corporation and C. Merrill Rogers, Jr., as an individual.

———-

~~~~~~~~~~~~~~~~~~~~~~

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Hellraisers Journal: Ashes of Joe Hill Taken into Custody by Federal Authorities at Omaha, Nebraska

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My body? Oh, if I could choose,
I would to ashes it reduce
And let the merry breezes blow
My dust to where some flowers grow.
Perhaps some faded flower then
Would come to life and bloom again.
-Joe Hill

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Hellraisers Journal, Monday November 19, 1917
Omaha, Nebraska – Joe Hill’s Ashes Seized in Raid

Joe Hill, ashes envelope front

From the Lincoln Journal Star of November 16, 1917, we find that, in the raid upon the I. W. W. hall in Omaha conducted by federal officials on Tuesday in which 64 men and one woman were arrested, Fellow Worker Joe Hill, now dead, was also taken into custody. The article describes his arrest, or rather, the arrest of a portion of his remains:

Among the things taken from the headquarters is a framed picture of Joe Hill, one of the “I. W. W. martyrs,” who was executed in Utah a few years ago. Inclosed behind the glass is a small envelope containing a few grains of ashes of his body, which was cremated.

How long federal authorities plan to hold on to the ashes of Joe Hill is unknown at this time.

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