‘Thirteen Socialists on Trial at Cincinnati’ from Ohio Socialist. No. 73. June 18, 1919.

On June 1, 1917 Socialists in Cincinnati were distributing anti-war/anti-draft leaflets in Clifton Heights when arrested by the Feds and charged with drat obstruction and treason. Among those arrested was the most prominent local Socialist militant, Lotta Burke, (who would go on to become a founder and central leader in the Communist Labor Party), as well as other Left Wingers. Their trials, which included time in jails, loss of jobs, harassment, etc., lasted for seven long before getting to the U.S. Supreme Court where charges were dismissed on a technicality. Respect and gratitude to the Cincinnati 13 (3 others had charges dropped). Brief biographies of those arrested: “Philip Rothenbusch is 31 years old, married, has two small children, aged six and nine years, is a member of machinists union. Alfred Welker is 21 years of age, single, printer and a member of his union. Charles Thiemann is 22 years of age, single and a union man. John Hahn is 20 years old, married, has a child aged two years and is a laborer. Walter Gregory is married, has four small children, is 29 years old and a member of machinists union. Arthur Tiedke is 30 years old, married, has a child aged three years and is a member of paperhangers union. William Gruber is married, has two children aged two and three years and is a member of brewery workers union. Alexander Feldhaus, aged 26 years, shipping clerk, married, has one child aged four years. Fred Schneider, single aged 19 years. Frank Reis, aged 21 years, single member Boot and Shoe Workers union. Joseph Geier, married, aged 32 years, has five small children, safe maker and member of his union. Gustav Weiss, aged 21 years, single, lives at Hamilton, Ohio, charged with treason for making speech, put to $9,000 bond. William Georg, aged 52 years, married, has five children, member Brewery workers union. Lotta Burke, a member of Womans Label League, aged 45 years, single seamstress, in jail in default of $9,000 bail. Thomas Hammerschmitt, Socialist candidate for Mayor of Cincinnati, married, engineer, member of his union, aged 48 years, his bail now fixed at $9,000.”

‘Thirteen Socialists on Trial at Cincinnati’ from Ohio Socialist. No. 73. June 18, 1919.

The trial of thirteen members of the Socialist Party of Cincinnati, O., began in Judge Hollister’s court at Cincinnati June 3rd. The case grows out of a conspiracy charge of the government alleging interference with its war activities. Those under indictment, Lotta Burke, Socialist organizer and speaker; Thos. Hammerschmidt, active in party work, and others were arrested and charged in 1917 with anti-war activities. They have since their arrest been out on bail.

Jos. Sharts, Socialist attorney of Dayton, has the case in charge. He is assisted by Nicholas Klein and Attorney Alexander. The jury which was impaneled June 3rd consists of small farmers and business men and two barbers. They are: John Rentz, James M. Wilson, Jacob Kuhn, Daniel L. Bishop, William Hope, Jefferson Armstrong, W.E. Reel, Charles Madden, Smith E. Hughes, Edward F. O’Connor, Sam’l Hunt. The second day, Wednesday, 4th, was taken up by the government with their witnesses, as was also the third day, Thursday, 5th, fifty-three witnesses having been subpoenaed for the prosecution. These consisted mostly of arresting officers and secret service men who had attended our meetings. A few were from the neighborhoods in which the boys were arrested. One, Mr. Kuyper, testified that he had seen two of the comrades about five hundred feet away in the dark. This confused one of the jurors who thought he had made a mistake, or had not heard correctly, and caused quite a bit of amusement when the juror questioned the witness as to the possibility of the truth of the statement. Late Thursday, when the witnesses for the prosecution were about all heard, a dispute arose between Comrade Sharts and Bolan, prosecuting attorney. Sharts had all through the proceedings of the trial raised an objection to any testimony being accepted after the arrest had been made, claiming that the arrest of any of the comrades terminated the conspiracy. This objection had been made from the very beginning, but it was always overruled by the judge and an exception taken by Sharts. The last time this this objection was made Bolan seemed to realize all at once that he had overlooked something and started out on a tandrum, asserting that the conspiracy had not terminated after arrest because the whole state of Ohio was back of the conspiracy, that is, the whole Socialist party of Ohio was back of it, having through the resolution contained in the indictment in the circular said to have been circulated by the defense which stated that the Socialist Party of Ohio would give any one who evaded the draft its financial and moral support. This statement on the part of Bolan changed completely his whole line of arraignment. For in the opening argument he had persistently and continuously said that these defendants were not being tried as Socialists but as individuals. The court also had repeatedly held that we were individuals and not Socialists. Sharts immediately challenged the statement of Bolan and it was such a ticklish question, court had to adjourn to hear both sides in executive session, without the jury being present. It took until 10:30 Friday for the lawyers to thrash it out with the judge and for the judge to bring in a ruling. The ruling was in our favor, the judge holding that unless we were present at the meeting at which that resolution was passed we could not be a party to it. He ruled that the jury had been prejudiced by the introduction of this statement not intentionally, of course, but nevertheless it had happened. The jury was dismissed until June 16th, our cases were continued until some time before the fall term of court. Now we are informed through the papers that we are to have a retrial on July 7th, with a new jury. Fifty are to be drawn in the next venire. The witnesses we are told have already been subpoenaed.

The Ohio Socialist, published by the Left Wing-dominated Socialist Party of Ohio in Cleveland from January, 1917 to November, 1919. It was edited by Alfred Wagenknecht Wagenknecht spent most of 1918 in jail for “violation of the Conscription Act.” The paper grew from a monthly to a semi-monthly and then to a weekly in July, 1918 and eventually a press run of over 20,000. The Ohio Socialist Party’s endorsement of the Left Wing Manifesto led to it suspension at the undemocratic, packed Socialist Party Convention in 1919. As a recognized voice of the Left Wing, the paper carried the odd geographical subheading, “Official Organ of the Socialist Parties of Ohio and Kentucky, Virginia, West Virginia and New Mexico” by 1919’s start. In November of that year the paper changed to the “labor organ” of the Communist Labor Party and its offices moved to New York City and its name changed to The Toiler, a precursor to the Daily Worker. There the paper was edited by James P. Cannon for a time.

PDF of full issue: https://www.marxists.org/history/usa/pubs/ohio-socialist/073-jun-18-1919-ohio-soc.pdf

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