A motion of our lawyers to dismiss the case (or some legal phraseology to that effect) was denied by the Judge; the prosecution said it had other witnesses.
At this point Attorney Nelson asked the Court to appoint a stenographer, which was refused by the Judge with the remark: This Court is not here for the purpose of furnishing campaign literature to anybody.
We then engaged a stenographer on our own account; what follows is the verbatim report of the trial.
Commonwealth vs. Hyman Weinberg and Voltairine de Cleyre |
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Court of Quarter Sessions. March Sessions, 1908 No. 18. |
Before Honorable Mayer Sulzberger, P. J., and a Jury.
Philadelphia, June 18, 1908.
Present, of counsel:
COMMONWEALTH’S EVIDENCE.
Ralph Gold, called by Commonwealth, sworn.
By Mr. Wolf:
Q. You are a special officer of the 33rd District?
A. Yes, sir.
Q. You arrested those defendants?
A. Yes, sir.
Q. When?
A. February 20th.
Q. 1908. Where?
A. I arrested Mr. Weinberg at Fifth and Lombard, in a restaurant, and also Mrs. de Cleyre at her home.
Q. Under what circumstances did you make the arrest?
By The Court:
Q. What do you know about them?
A. In fact, we know nothing; only the warrant sworn out by this Karat.
Q. What do you know about the case?
A. Nothing.
Q. Did they confess anything to you?
A. Nothing.
Q. Did they say anything to you?
A. Nothing at all.
By Mr. Wolf:
Q. What did they say at the time you arrested them?
A. Nothing at all. I only placed them under arrest and said what it was for.
Q. They said nothing?
A. They said nothing; no, sir.
Q. Your first information was when this man Karat came to you?
A. He came to us and said these people were speaking.
Q. He said nothing in your presence?
A. Only at the hearing.
Q. You know nothing more about it?
A. No, sir.
(No cross-examination.)
Joseph Vignola, called by Commonwealth, sworn.
By Mr. Wolf:
Q. You are a special officer?
A. Yes, sir; of the 33rd District.
Q. Did you participate in the arrest of these defendants?
A. No, sir.
Q. What do you know about this case?
A. I don’t know anything about the case at all. I don’t know how my name comes on the bill.
(No cross-examination.)
John J. Fox, called by Commonwealth, sworn.
By Mr. Wolf:
Q. You are a special officer of the 2nd District?
A. Yes, sir.
Q. What do you know about the case?
A. All I know is information received from John Karat, who swore out the warrant for Voltairine de Cleyre, and we arrested her.
Q. Were you present at the meeting at which the statements were said to have been made?
A. No, sir.
Q. Did you have a conversation with either of the defendants?
A. Yes, sir.
Q. What did they say about it?
A. They didn’t have anything to say.
Q. Did you have any conversation with Karat in the presence of the defendants?
A. Only at the hearing–that is, the hearing room.
Q. Do you know where Karat is now?
A. No, sir.
(No cross-examination.)
Charles Palma, called by Commonwealth, sworn.
By Mr. Wolf:
Q. Do you know anything about the case?
A. I don’t know anything about this case.
Q. Nothing at all?
A. Nothing at all.
Q. Nor about the defendants?
A. I don’t know anything about them.
Q. Nor about Karat?
A. Not a thing.
(No cross-examination.)
Louis Green, called by Commonwealth, sworn.
By Mr. Wolf:
Q. You are a guard at City Hall?
A. Yes, sir.
Q. Do you know anything about the facts of this case?
A. No, sir; nothing about the case.
Q. Or about the defendants?
A. No, sir.
Q. Or about Karat?
A. No, sir.
Q. Do you know how your name got on the bill?
A. At the time the arrest was made they brought me in to the hearing at Central Station. There was a couple of letters that was written in Yiddish that they give me, that I should read through a few lines–
Q. You translated them?
A. Yes.
Q. To whom were those letters addressed?
A. They were addressed to a little town in the State of New Jersey.
Q. I mean to what person?
A. It doesn’t state. It doesn’t state any person.
Q. Who gave you the letters?
A. The Assistant District Attorney, Mr. Rogers.
Q. Have you them now or did he take them back?
A. He took them with him.
(No cross-examination.)
Jean H. Beniakoff, called by Commonwealth, sworn.
By Mr. Wolf:
Q. You are an official interpreter in the Courts of Philadelphia.
A. I am; yes, sir.
Q. There were given to you certain letters.
A. Yes.
Q. Purporting to be addressed to whom?
A. To Mr. Weinberg.
Q. By whom were they given to you?
A. By Mr. Rogers, of the District Attorney’s office.
Q. Did you translate those letters?
A. I read the letters.
Q. In what language are they?
A. In Yiddish.
Q. Have you them with you now?
A. I gave them to you a while ago.
Q. You showed them to me. I didn’t know what they were. How many are there?
A. Ten letters. You have them.
Q. You say that you read them all?
A. Yes, sir.
Q. Is there anything in these letters which could be considered as at all inciting to Anarchy?
A. No, sir.
Q. Will you state what the substance of these letters was?
(Objected to by defendants.)
Q. Did Voltairine de Cleyre write them?
Mr. Wessels: No. They were written to Weinberg and were found in his possession. I object to the letters.
(Commonwealth rests.)
The Court: Gentlemen of the Jury: Under the evidence produced by the Commonwealth, which is no evidence at all against the defendants, you are, of course, to find a verdict of not guilty.
Comment is unnecessary.
I wish to thank all contributors to our defense and to say that we have still work to do. Four men are in prison, under most rigorous and unjust sentences. We wish to do what can be done towards freeing these men or supporting their families till they are free.