WPA Press Service: The 1923 Foster Trial 1 The 1923 Foster Trial. The Reports of the WPA Press Service. Mimeographed news releases sent to the party press, probably by wire. Copies in Comintern Archive, f. 515, op. 1, d. 210, ll. 108, 111, 115-116, 119, 127-128, 134, 141, 144-148, 151-152, 163-165, 174-175, 177, 184-185, 192, 195-196, 198. d. 211, ll. 3-6, 29-30, 38-39, 157. 1. Monday, March 12, 1923 by C.E. Ruthenberg ership appeared. All were opposed to the soviet form of government, and none confessed to membership in St. Joseph, Mich. — The first day of examina- a union. None of them favored violence and armed tion of jurors called in the trial of William Z. Foster insurrection. for participation in the Communist convention at Frank P. Walsh electrified the courtroom by Bridgman, Michigan indicated both the character of meeting the challenge of the right of revolution by his the Prosecution and the line which the Defense would first question to the jurors. “Do you believe in the fun- take. Prosecutor Gore examined the jurors on the ques- damental right of revolution,” he asked, “as set forth tion whether they believed that the accumulated sur- in the following words, ‘every human being has been pluses of private property should be defended by the endowed by the creator with certain inalienable rights, government and Frank P. Walsh, for the Defense, de- [that among these are life, liberty and the pursuit of manded of each juror whether he or she believed in happiness. That to secure these rights, governments the fundamental right of revolution as set forth in the are instituted among men, deriving their just powers Declaration of Independence. from the consent of the governed. That whenever any Prosecutor Gore took about an hour to examine form of government becomes destructive of these ends, the ten men and two women who were called to the it is the right of the people...] to alter or abolish it’?” jury box. One of the jurors expressed such definite Do you believe that this fundamental right of revolu- prejudices that the prosecutor was obliged to ask that tion stated in the Declaration of Independence is the he be excused. His place was taken by another woman, right of the people, though carrying it out might in- so that there are now three women and nine men in volve the use of force?” the jury box who have been tentatively accepted by The jurors thus far questioned by the defense all the Prosecution. The jurors are farmers, small busi- avowed their firm belief in this fundamental right to nessmen, and housewives. revolution. Thus contradicting what they had answered Prosecutor Gore carefully examined each juror when questioned by the prosecutor. on the questions, “Are you a member of a union?” “Do Something of the same character happened in you believe in the soviet form of government?” “Do regard to the soviet form of government. All the jurors you believe in the principle of private property and do were opposed to it. When questioned by the counsel you believe that the government should protect the for the Defense, none of them seemed to know what accumulated surpluses of private property?” “Do you the soviet form of government was. favor violence and armed insurrection to change our Only two of the panel questioned by Mr. Walsh government?” up to the close of court Monday had been tentatively All the jurors, of course, believed in private prop- accepted by the Defense. Three others confessed to erty, although one or two advocates of municipal own- prejudice under the skillful questioning and were ex- 1 2 WPA Press Service: The 1923 Foster Trial cused by Judge Charles E. White. “You know that in Hungary the Communists Three of the defendants who surrendered on gained power without any violence, the Karoly Gov- Saturday [March 10] gave bail today, making four out ernment surrendering to the Soviets there in 1919, of the ten who have been released on bail. The other but later the aristocracy and the capitalists, with the six are free on their own recognizance for a few days help of the Romanian army, made war on the Soviets more until bail can be secured. and overthrew them, and in Finland the Socialists elected a clear majority of parliament but their gov- 2. Tuesday, March 13, 1923 ernment was later overthrown by the capitalists by force by C.E. Ruthenberg of arms, and in this country the Socialists elected mem- bers of the New York Legislature who were excluded St. Joseph, Mich. — The right of the American by their political opponents. Knowing these things, people to revolution as a method of changing their would you be prejudiced against William Z. Foster if government and achieving social changes is on trial in it appeared that he and the Communists generally said the courtroom here where William Z. Foster is set as that the struggle of the workers and farmers against the representative of the Communist movement in the the capitalist system could not be won without force, United States. although they did not advocate any acts of force or This was clearly brought out in the clash between violence at this time, but merely made the historical attorney Humphrey Gray, the colleague of Frank P. forecast that force would be necessary.” Walsh, and Assistant Attorney General O.L. Smith, representing the state of Michigan, in the examina- 3. Wednesday, March 14, 1923 tion of jurors. by Robert Minor “Would you be prejudiced against the defen- dant,” Gray asked of a prospective juror, “if it appeared St. Joseph, Mich. — As duel develops between in the evidence that he believed that no great social Frank P. Walsh and prosecutor Gore backed by big changes have been achieved inn past history without a corps of Burns’ men from Chicago and New York, resort to force, and that it was his belief that when a onlookers start to realize that a national political battle majority of the workers and farmers of the United of deep significance is being fought out here. That jury States demand a change which will abolish the private must express itself on issues as to whether United States ownership of the industries of the nation by the capi- is to be a land of certain political liberties, or whether talists, even though they are a majority, this change those liberties are to be abolished permanently begins will not be achieved without a resort to force, because to dawn upon more acute, while the dullest begin to the capitalists will not give up their privilege without scent that, at least, some strangely fundamental ques- a struggle, although the defendant does not advocate tion touching all men’s lives is being dealt with. any act of force or violence now.” Already crowds have begun to desert another trial The juror thought that such a view might preju- downstairs at the courthouse, where morbid sex inter- dice him, and attorney Gray flashed back, “Then you ests appeal, to come and listen, with peculiar wonder- believe that the Declaration of Independence should ing attentiveness, to the Communists’ trial. be suppressed because it advocates the fundamental “Do you know proletariat means people who right of the people to revolution if necessary by force.” work?” “If evidence shows Foster leader, spokesman Attorney Smith was on his feel at once objecting of 280,000 steel workers during the great steel strike to such an interpretation of the Declaration of Inde- of 1919, would that prejudice you against him?” “If pendence. Gray offered to read a letter written by Tho- Foster shown spokesman of workers against beef pack- mas Jefferson on the subject in answer to which Smith ers in Chicago, would that prejudice you against him?” shouted, “We object to getting the influence of Tho- Questions asked by Walsh which caused work- mas Jefferson on the minds of this jury.” Gray pro- men, women, and small merchants and farmers to sit ceeded with examination of the juror along a new line forward and strain their ears. “If evidences show that asking: provocateurs deliberately provoked violation of law in WPA Press Service: The 1923 Foster Trial 3 order to convict another for it, would you give cre- provement to Foster’s activity, if so whether it would dence to that man’s word?” was question which tend to prejudice him in favor of Foster. electrified courtroom and effected visible change of One retired capitalist, living on investments, this atmosphere among array of nationally famous profes- morning admitted fixed prejudice, he was excused. sional strikebreakers, who sit in long row behind pros- Another businessman admitted fixed opinion, he also ecutor. was excused. Thus, little by little, cloud of technical verbiage Roar laughter created late yesterday by juryman rises and shows that here is being fought out the ques- who said he had talked with a storekeeper, who de- tion of whether workers’ political party shall be allowed clared his show window had fallen in and thought it to exist in open or whether forced to exist underground. was because Communists were in town. Juror said this “Do you believe criminal syndicalist law a good had not prejudiced him. law and should be enforced?” Prosecutor asked cat- The case takes more and more a social atmo- egorically of each venireman. All must answer yes and sphere as auditors catch thread of deep political ideas try Foster, or so no and leave jury box. and class struggles throughout the world. Walsh fre- Meanwhile community is being flooded with quently refers to First, Second, and Third Internation- printers’ ink, paid for by big business interests that als, and international associations of businessmen — know what they want.