The Nonpartisan Leader Newspaper, May 27, 1918, Page 6

Z ”’//”’/4/ 7 V%/Illl// %x/ / 5//[/&4‘ ”%I/[% / [ y, WYY vy , % /’////,,/ 7%/////// . % Y G A Fleeting Victory for the Conspirators two convictions against League organizers. Three prose- cutions were brought. The first; against ‘Martin, an or- ganizer, the case the prosecutor thought was the strongest, re- sulted in an acquittal on the first ballot of the jury. The prosecutor then brought Organizers Randall and Gilbert to trial. The Randall jury was out 11 hours. It stood 7 to 5 for acquittal at the start but finally brought in a unanimous verdict against the accused, who has a son in the army. These are all the facts of the case that the public has been given by the press. There has been complete silence by the news- papers concerning the conditions under which these convictions were obtained. Here are the rest of the facts: The alleged disloyal words were spoken by Randall and Gilbert nine months ago. Federal authorities investigated the charges and apparently came to the conclusion that they were trumped up and political in their nature and couldn’t be proven before a fair jury. At least the federal authorities took no action. Nine months after the alleged disloyal words were spoken, WHEN THE NONPARTI- SAN LEAGUE HAD GROWN SO RAPID- LY THAT IT BID FAIR TO SWEEP THE STATE UN- LESS SOMETHING WAS DONE BY ITS PESPERATE OP- PONENTS TO HEAD IT OFF, Ran- dall and Gilbert were arrested by local county authorities. The prosecuting wit- nesses and the prose- cutor waited until the League had com- pleted its indorse- ments of men for public office, and until the last weeks of the campaign, before bring- ing the cases. Why wasn’t something done nine months ago? URING the Randall trial the jury at first was not locked up. While the case was progressing, a mob was formed at Red Wing, where court was being held. Open threats were made that if Randall was acquitted the mob would attend to him. In the middle of the night, while the jury still had its liberty, this mob kidnaped Breidal, one of Randall’s witnesses, He was spirited out of the county and at the point of a gun told he must not come back to testify for Randall. Randall’s attorneys rightfully con- tend that this act of mob violence was intimidation of the jury— the jury was made to understand that an armed mob was taking the law into its own hands. : All the evidence against Randall and Gilbert came from six persons who attended speeches made by them at the same meeting nine months ago. The same six witnesses used against Randall later were used against Gilbert. All of these witnesses are bitter political enemies of the League and are actively engaged in trying to defeat candidates indorsed by the League. There was an actor, a lawyer, some business men and one RETIRED farmer. The re- tired farmer signed the complaints, to make it appear it was a prosecution brought by farmers. Asked if he didn’t have personal feelings in the matter and if he didn’t want to see the defendant lc)onvic(ilzed, this retired farmer on the witness stand said: “You et I do.” : HERE was no stenographic evidence of what was said at the meeting nine months ago by the defendants. The only written “evidence” was a notebook, produced by one of the state’s witnesses, in which it was contended that this witness, on the night of the meeting, made notes of what was said. He said he wrote it down during the meeting, with the book on his knee. G OODHUE county, Minn., finally has succeeded in getting R7Z ] ALL THE STATE’S WITNESSES TESTIFIED THAT THE DE- FENDANTS USED THE EXACT WORDS SET DOWN IN THIS NOTEBOOK. What is more significant, all these witnesses FOR- GOT ALL OTHER PARTS OF RANDALL’S AND GILBERT'S SPEECHES, EXCEPT THE ALLEGED PARTS SET DOWN IN THIS NOTEBOOK. The notation in the notebook was in ink, in a very small, regular handwriting. IT WAS UTTERLY IMPOS- SIBLE THAT THIS NOTATION COULD HAVE BEEN MADE IN A DIMLY LIGHTED HALL, WITH INK, ON A MAN’S KNEE, DURING THE SPEAKING. It must have been apparent to a fair AP R X R AT A A IR AN AL AN BY THE ENEMIES HE MAKES — JUDGE A M A e S A e e L L AN A AN T R RS jury that the notation was made AFTERWARDS and that the six witnesses got together and all agreed to testify to this formula, which was set down so there would be no disagreement on the witness stand. The state offered the notebook as evidence in the _Randall trial, but it was such damning evidence of a frame-up that no attempt was made by the state to introduce it in the Gilbert trial which followed. YET THE DEFENSE INTRODUCED IT AT THE GILBERT TRIAL. IT WAS CONSIDERED BY THE DE- FENSE AS CONCLUSIVE EVIDENCE OF A FRAME-UP. But it did not impress the jury. The defense of the League organizers offered the testimony of scores of farmers who attended the meeting, not only denying the words attributed. to Randall and Gilbert, BUT SHOWING THE ENTIRE SPEECHES MADE BY THE MEN, ALL OF WHICH THE STATE’S WITNESSES HAD MIRACULOUSLY FORGOT- TEN EXCEPT THE PART CHARGED IN THE INDICTMENTS AND SET DOWN IN THE NOTEBOOK. But the defense was f01_'- bidden the privilege of putting on all these witnesses. The testi- mony of 15 witnesses for Randall was refused by the judge. He .was allowed only 12 witnesses, all of whom, however, re- futed the testimony of the state’s six. N THE Gilbert trial the court refused to per- mit the defense to show the animus against the League by the. state’s wit- nesses. The judge ruled “the League was not on trial” and the defense could not show the motive for - the bringing of the , ; prosecution. Yet, after the conviction of Gilbert, THE COURT TRIED TO EXACT A PROMISE FROM GILBERT THAT THE LEAGUE WOULD CEASE ITS ACTIVITIES IN THAT COUNTY IN CONSIDERA- TION OF THE COURT GRANTING A 60-DAY STAY OF SEN- TENCE TO PERMIT AN APPEAL. : p These are a few of the plain facts of the trials. The attorneys of the convicted men have secured a 60-day stay of sentence to ~a permit an appeal for a new trial on the grounds of intimidation . of the jury, political frame-up by witnesses and prosecutor and that there was not the slightest ground for a conviction on the -evidence produced by the six enemies of the League for the state. The cases will be carried to the last court of resort in the land, if necessary and possible to secure justice for two American citizens of unstained character and spotless patriotism. + . The conditions surrounding the convictions are well known in Minnesota. For this reason, especially on account of the rioting and intimidation of the jury, not much use is being made in Min- nesota of these convictions in the fight against the League. How- ever, in other states, where the facts are not known, the bare state- ment that two League organizers were “convicted of disloyalty” is being worked overtime by enemies of the organized farmers. Min- nesota League members believe in the absolute innocence of these men. They believe firmly that they will be vindicated in a higher court, at least getting new trials. They know that the existing political and legal machinery of government is in the hands of their enemies rtin some localities, but they still-have faith in Amer- ican courts. z THE. RED CROSS DRIVE e HE American Red Cross is making its second big drive for a war fund. The first drive netted $100,000,000, and as much more is wanted. Of course, there have been contribu- tions outside these two big subscriptions, but even taking them into consideration it is surprising what the Red Cross has been able to do with so little money. When we entered the war we were unprepared in a military way. We were a peaceful people and had no chip. on our shoulder. But in the matter of relief to the battle- stricken we were prepared.. The Red Cross was the only necessary agency in the conduct of the war that was prepared ‘when war was declared by us.’ SR ; Through able leadership and management, built - up in time