"Appeal To Reason's" Fight For Justice

Maoriland Worker, Volume I, Issue 7, 20 March 1911, Page 17

"Appeal To Reason's" Fight For Justice

Fred Warren.

(By A. H. SHRUBSHAI/L.)

During the first half of the year 1907 a great criminal case began to stir things up in America. The Western Federation of Miners suddenly loomed large in the capitalistic press as being a criminal organisation. It was charged with a number of atrocities, including the assassination by dynamite of Strenenburg, Governor of the State of Idaho, who it was asserted had shown himself an enemy of the Federation. The leaders of the Federation, William t>. Haywood. Charles H. Mover, and George A. Pettibone, were arrested as being "the direct instigators of these outrages. Being resident in Denver, in the State of Colorado, they could not be arrested without the authority of the Governor of their State. No such authority had been sought by the State of Idaho, nor indeed had any warrant for theii arrest been issued even in when one night they were waited upon at their own homes in Denver by armed men, who seized them, put them into closed conveyances, rushed them off to the station where a special train Avas in waiting, and railroaded them off to the State of Idaho, where they were put into jail to wait trial under the charge before mentioned. In plain English, they were kidnapped oy hired scoundrels in the pay of bigger scoundrels, whose lust for gold led them to desire the smash up of the Western Federation of Miners, and who were ready to send innocent men to the gallows on any kind of specially manufactured evidence to secure that end. Thanks, however, to the "Appeal to Reason," this conspiracy failed. Editor Warren quickly got upon the scent, and the facts soon became public property. The case for the defence was first of all to quash the indictment as the kidnapping was illegal, but the Supreme Court judge ruled : Looking tflrst at what was alleged to have occurred in Colorado touching the arrest of the petitioner and his deportation from that State we do not perceive that anything done there, however hastily or inconsiderately done, can be judged to be in violation of tlhe comstitutio.a and laws of the United States. Even if It be true that the arrest and deportation of Hay wood, Moyer, and Pettibone from Colorado was by fraud and connivance to which tlie Governor of Colorado was a party, this does not make out a case for violation of the rights of the appellants under the constitution and laws l of the United States. So, then, the kidnapping of persons charged with crime was declared legal by the U.S. Supreme Court, and the case went to the Criminal Court. It went through to the utter rout of the prosecution. The star witness of the prosecution, the unspeakable Marry Orchard, who was brought forward as a member of the Federation who had turned State evidence, was proved to be a scoundrel in the pay of a detective agency which had the trumping up of the case, and that the atrocities placed at the door of the Federation were the work of this Harry Orchard himself. Evidence was manufactured with a callous disregard of human life and suffering. Thanks largely to the "Appeal," Hay wood, Moyer and Pettibone were found not guilty, and the class attitude of the Government right up to the President was also exposed, for Roosevelt —then President —had stigmatised the prisoners while under trial as "undesirable citizens," an expression used probably for the express purpose of influencing the jury. It happened at the time the Supreme Court had ruled that "kidnapping of persons charged with crime was not illegal," there was in another part of the United States a fugitive from justice in the person of a rich man with much influence. This man was exGovernor Taylor, who was indicted for murder in the State of Kentucky, but had fled to Indiana, the Governor of which was his personal friend and refused to recognise the requisition papers, so that Taylor was living there in perfect freedom. If, then, it was legal to lcidnap Haywood, Moyer, and Pettibone without a warrant having been issued, it would be perfectly legal to kidnap ex-Governor Taylor when a warrant had been issued. One week the postal wrappers of the "Appeal" bore an inscription :

History of Fred Warren's Indictment

Ten thousand dollars will be paid any one kidnapping ex-Governor Taylor and returning him to the Kentucky authorities. This at once drew public attention to the matter. Hundreds of thousands of copies of the "Appeal" containing an explanation why the reward was offered were distributed ; all over the States newspapers commented upon it, and soon huge indignation xneetings were held in many of the big cities, denouncing the ruling and calling for the release of Haywood, Moyer, and Petti bone. It soon became evident that a move would be made to crush the "Appeal to lleason." The "Appeal" previously had exposed by documentary evidence Roosevelt's complicity—-while Governor of New York State —in a stupendous railroad financial swindle, now spoken of as the "Alton Steal." The Kansas "City Journal" gave the first hint of tais as follows : Jl he United States Department of Justice, acting at the suggestion of the President, has instituted proceedings against a Socialist sheet of Girard, Kansas. It is to be regretted that a technicality must be invoked to establish a case. So, early in May, 1907, Editor Warren was charged with violating the United States Mail Laws, in circulating the reward offer through the post. The "Appeal," however, had been careful before mailing the famous offer, to submit it to the postmaster at Girard. He obtained the opinion of the District Attorney, who agreed with him there was no breach of the law. Warren's demand for an immediate trial was denied; he was called upon to appear ?n November, 1907. At this trial it looked as if the indictment would be quashed. Seeing this, prosecuting Attorney West heatedly exclaimed, "I have a letter from the At-torney-General of the Post-Office Department at Washington stating that the offence charged in. this case is cie irly in violation, of the law, and authorising it to be vigorously prosecuted." The judge's opinion was a detctil. The Government at Washington had decided the Socialist editor must be punish©i. If there was no case one must be mads and conviction secured at any cost. To enable this to be done Warren was remanded till May, 1908. A second postponement at the Government's request was made until November, then till May 3, 1909. On tli-at date, two years after the indictment had been issued, Warren appeared again before the (Jourt with Irs Attorneys and insisted on a trial. At last the Government were prepared Although the offence committed had been so bad that the State of Kentucky offered a reward of one hundred thousand dollars for his ,*apiure and return, ex-Governor Taylor was pardoned, so that he might go to Kansas and be the prosecution's star witness, in giving perjured testimony against Warren. ±iis testimony was that at the time Warren had mailed the reward offer, he was not under indictment for murder—an absolute lie* but the defence had no evidence at hand to refuse it. The 3ury was specially selected by the authorities, every member being a republican in politics, and so Warren was convicted. The verdict was expected, and the lawj r ers for the defence entered a motion for a new trial. The Court consented it would hear argument for a new trial in two weeks from date, but a few days later the announcement was made that Warren would be called up for sentence at next Court term in November 1909. This was not adhered to, for Warren was instructed that argument on the motion for a new trial would be taken on June 28th. On that date the judge ruled against a retrial, and passed sentence upon Warren of six months imprisonment with hard labour, and a fine of fifteen hundred dollars (three hundred pounds sterling) and costs. One matter in connection with this phase of the case is worth mentioning, as it goes to emphasise the smartness and capacity of Warren and the resources of the "Appeal to Reason." The judge, before passing sentence, asked Warren if he had anything to Ray Avhy such should not be passed. This gave Warren the opportunity he wanted. In the course of a most eloquent speech he summarised the facts of the case and what led up to it exposing the capitalistic system in most masterly fashion. This speech, was printed in the "Appeal to .Reason/ 5 and the nxtmber containing it went through several editions, over nine hundred thousand copies being sold

Stereo sheets of the speech were distributed gratis to other journals who were willing to use it, and quite a number did so. In this way it came before millions of readers. The case came before the Court of Appeal on May 9, 1910., but ,n the iiieantime Warren and his staff of de-tective-like reporters had got to work and unearthed some very remarkable facts concerning some of the Federal Court judges, and a series of exposures of a staggering nature were published m the "Appeal." Judge Pollock, who passed sentence upon AVnrren, was shown to be a willing tool of capitalistcorporations. A series of his rulings showed that Avhere public necessity and private profits were at variance, he invariably ruled in favour of tne private promts. These exposures were published with sued a bluntness of expression that tuey laid the "Appeal" open to charges of criminal libel if they were untrue in any way, and that no attempt has been made to prosecute the "Appeal" is convincing testimony that the statements made are true. Unfortunately the decision of the ballot does not dispose of the corrtipt judges: they are appointed for lite, and can only be removed by impeachment. Whether this will happen remains to be seen. Congress, which would have bo take action to bring about such impeachment, is very largely the tool of the great corporations, and is not likely to act until public opinion absolutely forces it. On May 9th, 1910, Warren appeared before the Court of Appeal at St. Paul and argued his own case. He dispensed with his Attorneys, as he had decided to avoid discussing technicalities, to which they could not agree. In a very decided and pithy speech he asked, the Court, "is lviduapping legal r , " and wanted to know why the authorities should acquiesce in the kidnapping of working men from their homes in Colorado and prosecute him for ottering a reward for a similar method of capturing a rich man who was a fugitive from justice? The judges did not answer. They reserved their decision. They kept it very well reserved, too, for it was not until the end of November, when the Congressional elections were over, that they gave it. Had they given it before, the Socialist vote would doubtless have been bigger than it was. One immediate response to the announcement of the Court of Appeal's decision has been the formation in Philadelphia of the "One Million Club," tlie object of which is to get the circulation of the "Appeal to Reason" up to the million mark by the time that Warren finishes his sentence. The latest news to hand shows: that they are getting solidly to work, for during the week ending Dec. 24, 1910, there had been an increase in subscriptions of over eight thousand. The latest news to hand, received since the foregoing was written, is that President Taft has commutted Warren's sentence, cutting out the gaol term, and reducing the fine from £300 to £-20. The president further ordered vhat tlie £20 fine should be collected by civil process only. The Socialists of America rightly accuse Taft of dodging the issue. He certainly used his power to prevent Fred Warren from proving irrefragably that the Courts of the United States had one law for the rich and another for the poor. Whether the final act in. the comedy is played remains to be seen. But one thing is certain, and that is that Fred Warren has fought a good fight for the Cause, and secured a moral victory, the effect of which will be felt in the American Socialist movement for years to come. All hail, then, to Fred Warren and the "Appeal to Reason" ! Well may it be said that great men will arise for great occasions. There is one in this instance.