The Web : $b The Authorized History of the American Protective LeagueHough, Emerson
History
The Web : $b The Authorized History of the American Protective League
Hough, Emerson
American Protective League; Propaganda, German; World War, 1914-1918 -- Secret service -- United States
These men and Mr. Clabaugh were all in conference with U. S. Attorneys
all over the country from Detroit west, and in conference with the
governors of many states as well. Everything was kept secret. Then, one
day, a wire flashed across the country which set the law afoot. At the
same moment, two o’clock, Central time, on the afternoon of September
5, 1917, one hundred I. W. W. offices were raided. The Web had done its
work! One hundred and sixty-five frightened insects struggled where
but now a like number of arrogant and boastful traitors had strutted
free. At one time Mr. Clabaugh took down to the Department of Justice
in Washington a large trunk full of papers—incriminating documents
once property of the I. W. W. It would take such reading of these
unspeakable documents by all the American public as these officers of
the law gave them, before America ever could know what foul sort of
traitors she has been welcoming here at her own table.
Some of these arrested suspects were bailed out, others held in
prison. Of the total arrested, ninety-nine were brought to trial. The
case began before that staunch fighting man, Judge Landis—who had a
son in the U. S. aviation corps himself—on Monday, April 1, 1918,
and a month was spent in selecting a jury. In all this work, the
A. P. L. was active, and more than once its men choked off alleged
illegal enterprises—for the defendants were desperate now. The
opening statement was made by Mr. Nebeker on May 2, and examination
of witnesses followed for six weeks, when the Government rested till
Wednesday, June 19. Mr. George Vandever, for the defense, made the
opening statement on Monday, June 24. Judge Landis charged the jury
Saturday, August 17. The jury brought in its verdict in fifty-five
minutes and on one ballot. The statements of the prisoners were taken
on Thursday, August 29, and sentence was passed by Judge Landis at 2:00
P. M., August 30, 1918.
The jury had needed but little time for deliberation. The judge in
reading his instructions, dismissed the fifth count of the indictment,
charging a conspiracy to violate the postal laws of the United
States. After telling the jury that it had exclusive domain over the
determination of the facts of the case, while it must take the law from
the Court, Judge Landis said it was within the province of the court to
give his opinion regarding the evidence.
“But in this case I shall not do so,” said the court. “I shall submit
it to you free from expression of my own judgment. Your decision shall
be the last and only one on the question of fact.”
He then explained the law of conspiracy at considerable length,
after presenting a brief digest of the substance of the indictment.
He announced that it was unnecessary to prove explicit agreement to
enter a conspiracy against the defendants if there was circumstantial
evidence that such a conspiracy existed, judged by the facts and the
actions of the defendants.
Public-domain text, read in full here on John Shaqi.
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