New Britain Herald Newspaper, April 4, 1923, Page 3

FOSTER'S FATE 13 NOW WITH JURYMEN (Continued from First Page) that the meeting was a convention of the communist party, or that Foster was present at some of the sessions 80, he continued, only those two questions are left for the jury's con- sideration, The court's instructions, a 6,000 word document, was read to the jury at 9 o'clock this morning and 11 men and one woman in the box retired to consider a verdict, Foster's Rights, Judge White instructed the jurors that it was not a crime for the com- munist party to assemble in this state nor was it a crime for Foster to preach and advocate in this state “the theorles or doctrines of class struggle, mass action, the dictatorship of the proletariat the soviet system, industrial unionism, internationalism, affillation of the American trade union movement with the red internationale of labor unions, support of the soviet government of Russia, independent| working class action, the communist social revolution and other industrial economic and political changes' men- tioned in the dqcuments of the com- munist party in evidence in this case.” Must Teach Crime. No crime was committed, the court sald, unless Foster and the commun- ist party “taught and advocated crime, sabotage, violence and terror- ism, as the method, or one of the methods of accomplishing the changes in the organization of society desired by the communists.” The Michigan law against criminal syndicallsm, he said, was not aimed against advocacy of any changes in our industrial, political or social in- stitutions, no matter how far reach- ing or how drastic such proposals but | against advocacy of criminal acts as| a means or method of bringing them | about, Action' Is Necessary, | Even if the jury finds the com- munist party, the court said, was formed to teach doctrines of crim- inal syndicalism the mere fact that Foster attended its convention would not be sufficient to establish his guilt | unless the jury decided he took part| in the convention with knowledge | that the party did advocate criminal | acts and with the purpose and intent by his presence to aid, abet and take part in such teachings. Judge White deseribed to the jury the legal method of changing the gov- ernment of the United States or of the state of Michigan by constitutional amendment and said all other meth- ods proposed must be unlawful and {llegal. The court told the jurors that in determining whether or not Foster was a member of the communist party, as claimed by the state, but denied on the stand by him, the jury should take into consideration what the evidence disclosed as to his men- tal attitude toward doctrines and| tcachings of the communist party. Questions For Jur, | proper for you,” Judge White | 4 copsider the question of whether’ or ‘not at that time he be- lieved in the same things or doctrines, or theories or program that the com- munist party of America believed in.” The same thing he said should be considered in determining the pur- sald, whether Foster has changed his views and bellefs as claimed by him, since he wrote a book called “syndi- callsm” in 1013, Foster s not to be convicted, he added, “because he may entertain or may have expressed certain bellefs or theories or doctrines. I am merely saying ‘that his bellef upon and his sympathy with the plans, purposes and program of the communist party of America a$ the time he attended the Bridgman convention are materia! for you to consider as bearing on the question of what was his purpose in attending the meeting." The Real Issue The real question is, and the ques. tion for you to declde i{s, was the as- semblage at Bridgman such an assem. blage as is condemned by the crim. inal statute? DIid the respondent, Foster, voluntarlly assemble with it knowing the character of tho assom. blage for thee purpose of alding, abot- ting and assisting in the carrying out of the general fundamental purposes of the organizations? If it was suoh an {llegal organization or assemblagn and the respondent voluntarily as. sembled with it, as I have defined that term to you then he should be con- victed. Otherwise, you should return a verdict of not gullty,” Four Weeks Trial Foster's trial, which has required four wecks, is the first case growing out of the Bridgman convention to ba heard, Thirty-two of those allegod to have attended the meeting havp been arrested or surrendered and tho rest of the 76 alleged delegates for whom warrants were issued last Sep- tember still are at large. , O. L. Smith, assistant attorney gen- eral of Michigan in charge of the prosecution announced yesterday that as soon as the Foster verdict is in he will move that the trial of Charles E. Ruthenberg, another one of the de. fendants be set for next Monday. WANTS EEMPTER T0 PAY FINE OF HIS VICTIM Judge Howe in New Haven Scores Those Who Lead Others Into Trouble, ) New Haven, April 4—A man who tempts another to become a whiskey runner should be made to pay both his own and the victim’s fine, in the opinion of Judge Harlan B. Howe who is .presiding at the April term of the United States district court here. The question came up in the case of George Mallach, New London, ac- cused of transporting liquor last June, Mallach, who had a letter from a New London official saying he is an honest citizen and the father of six young children, told the court that someone had offered him $60 to carry some liqguor. He did, and was caught, Judge Howe asked Mallach who had tempted him. The man replied in broken English that he did not know the name. The judge, remarking that the tempter should pay his own and his victim’'s fine, decided that Mallach should spend the night in jail to try to refresh his memory. VOTING DEMONSTRATIONS Demonstrations of théuse of voting machines will be given = Wednesday, Thursday and Friday of this week at the Central Junior High and Bartlett school between the hours of 9 a. m. and 1 p. m. at 3 p. m, and 8 p. m. pose and object of Foster in attend- ing the convention. The jury must also decide, the court ‘White rhinoceroses weighing 6,000 pounds and with horn 27 inches long, have been killed in Africa. A QUESTION FOR EVERY HOUSEWIFE TO DECIDE ARE YOU GOING TO DO YOUR SPRING HOUSE CLEANING IN THE OLD FASHIONED WAY THAT IS SUCH A DRAIN ON YOUR VITALITY OR ARE YOU GOING TO USE A BETTER, EASIER METHOD? Te Universal Vacuum Cleaner will do your cleaning much more effectively, quicker and with less effort than any method you have ever used before. The old way of beating and sweeping rugs, mattresses and up- holstery by hand is obsolete. It is not only painfully hard work but it is also highly injurious to the materials. Our unusually easy terms put the UNIVERSAL within everybody’s means. We offer ABSOLUTELY FREE and without any obligation whatever a thorough demonstration and a one week FREE HOME TRIAL. Then when you are convinced of the merits of the UNIVERSAL, NEW BRITAIN DAILY HERALD, WEDNESDAY, APRIL 4, 1923, Follies Girl May Marry Royalty City items Open alleys at the Casino tonight, =—advt, Hope chest with neeessary llne ven away at tha K, of O, I'air—ady, | Vietrolas and Planos, Henry Morans, | —advt, Hngine Company No, & was ealled out at 8:08 o'clook yesterday after- noon to oxtingulsh a fire In a barn at 82 Chapman strect ewnad by B, J, Hooper, tingulshed, Open alleys at the Caslpo tonight —adve, Polleeman John €, Mladler was summoned to the Bmalley sohoel yes terday afterncen in gnawer te a eom- plaint that a pupil had found 85 bo- longing ta anether hoy and had re- fused te roturn it te the rigiitful awn. | or, The pellceman straightened out the matter, Mect mo at Bchmarr's for dinner.s-+ advt W, H, Bddy ef the Hddy Awning and Decorating o, has veturned to business aftor heing iil with the grip for meveral weoks, Brown Derby Minetrels, ¥, of O, Falr, Opening night April f-—advt, PUBLICREGEPTION ATV, W, TONIGHT 800 Invitations for Open Houss at Hungerford Court Institntion Five hundred invitations have been sent out to friends of the Y, W, C. A. to attend the public reception and open house at the institution on Hun- gerford court this evening. Commit- tees and classes have been busy all day today making arrangements, erecting and trimming booths, ete. Electriclans have been busy arrang- ing the lighting fixtures and, accord- ing to Miss Jean Wardrope, general secretary, the association expects this evening to be the biggest affair of its kind ever held in New Britain, Visitors will be met at the door by one of a dozen young women who will act as guades and will escort their guests through all the buildings and back to the main building where refreshments will be served. The tour of the bullding will in- clude a stop at the swimming pool where swimming class will be in pro- gress from 7 p. m., until 8:80 o'clock, Shortly after 8 o'clock a program will he held In the gymnasium and will be followed by exhibitions of work done by the various classes, The program will begin with banjo solos by Misa Lilllan Ashworth, ac- companied by Misa Rdith Holmgren, both of whom are membera of the Hl-Amo Girl Reserva ealub, Voeal solos by Misa Marjorie Norris, acoom- panied by Mizs Elisabeth Burre, will follow, There girila are members of the sama elub, An interesting pagoant by the Girl Roserves showing what the Girl Re. serves movement really is and what These gitla it Is doing, will follow, will be attired in their uniforms of white middy bloumes, blue tie and blug skirts, Seventeen girla wlil take part. A drill with sticks and dum-bells will follow by eclght members of the Sports club. These young women will NEWER, $1.50 DOWN and the balance in small monthly payments of only $5.00. "DECIDE TODAY FOR THE NEW AND BETTER WAY. CALL 230 FOR A HOME DEMONSTRATION. The Conn. Light Light & Power Co. 92 WEST MAIN ST. PALACE | TEL. 230 DON'T MISS The blage waas quickly ex- | { L report. wear the regulation sports uniform of yellow silk blouses and black sflk bloomers, A short demonstration of health work will be given by eight members of the Tuesday evening class. the classes, Miss Mildred Fisk will have charge of the basketry exhibit, Misses Mary Sullivan and Gertrude Willlams will have charge of the mil- linery shop, Mrs. Idella Knapp and Miss Baldwin will have charge of the dressmaking booth. Miss Clara Wes- sel and Mrs. Leach will direct the ex- hibit of fancy articles, ribbon novel- 22 MAIN STREET In the exhibitions of work done by‘ All orders given at once will be plac without notice as our supply is limite them, however, at $25 and $50 if you want them. ot Jessica Brown, iormer ruiic g, 18 veported engaged to the Earl of Northesk and all of Broadway is sizzling because of the ties, wax novelties, etc., made by the Blue Triangle club, Voting i’laces Selected For Election Tueaday Voting places for the ity and town |B elections, to be held next Tuesday, have been announced as follows: Firat ward, High school, Bassott sireet; second ward, New Britain Wood Working Co, garage in the rear of b5 Pear] street; third ward, new Camp school on Prospect streot; ward, Central Junlor High sahool, Main and Chestnut streots; Aifth ward Bartlett school, Grove street, corner FOR IMMEDIATE DELIVERY d on the preferred delivery \ ed—WHYe' lI)RURDI.‘JN YOURSELF with a NEW FORD TOMORROW WE KEEP OPEN EVENINGS TO ACCOMMODATE THE PUBLIC ELMER AUTOMOBILE COMPANY BUY YOUR fourth | of Droad street; sixth ward, New Burritt school, North street, corner of Clark street, SHOW BUILDING ACTIVITY ”l‘nmm:‘. Grabeck and Wexler Report on Worlt Done in March At Mect. ing of Dullding Commission, Plumbing Inspector P, J, Tormay made 170 inspections and granted per- mits for 160 fixtures during the past month, his report to the bullding |eommiesion shows, Thera were 80 appiications to do | plumblng worlk, of which 20 were for old bulldings and slx for now, Seven- teen testa of plumbing by water ware |made, and plumbing In 28 now bufld. frgs and 40 proved, spections, The commission han nine receivel the menthly report of Rlectrieal In- speotor Willlam Grabeck showing 3 eleotrioal permits jewued, 20 Inspoc. tions In old houses and 11 in new bulldings, The bulldings {napected In. oludod four storos, threo shops, o.e funeh room, two bake shops, two schools and an orphanage, Ho made 20 wpeclal Inepections, During the month one new electric sign was placed, Acting Bullding Inspector Israel Woxler reports 65 permits ssued for old bulldings was ap- Thers wera 84 npeclal in-| operations totalling $578,020, There were 28 frame bulldings costing, $61,» 840; 11 brick bulldings, costing §: 300; 26 alterations, costing $13,380, MAY ROADEN SCOPE Santiago, Chile, April 4 (By Asso- |clated Press)-—Enlargement of the |scope of the Panaman union to per- | mit performance of any function eon- ferred upon it by the governing board or by subsequent Pan-American con- ferences, is proposed in a convention submitted by Dr, L. 8. Rowe, of the United States delegation. The union already has authority over commercial and educational problems but the fact that it is not empowered to consider such questions as armament leads to the suggestion |that its organization be amended to give it supervision over such topics. The United States delegation it is | understood will recommend the cons vocatlon in the near future of a Pan- American radlo conference to be held in Washington. The Long-Life Battery For All Makes of Automobiles, Motorcycles, Radio and Farm Lighting $13.65% Exide Service Station 52 ELM ST. list. We reserve PIONEER FORD DEALER “HEARTS AFLAME” With Frank Keenan, Anna Q. Nilsson, Little Dick Headrick SEE—The Mighty Forest Fire used car in view of this offer. New Britain, Conn. the right to withdraw this offer We have L 4 Lok TEL. 1513 Rex Ingram’s “TRIFLING WOMEN" MONDAY Broadway’s New Hit Big Cast of Stars