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Magistrate William McAdoo at the request of the Committee, and directed against the seventy-one headquarters of the Communist Party of America in the various boroughs of the city. At 9 o'clock in the evening of that day all of these headquarters were simultaneously entered by representatives of the Committee, by members of the State constabulary, and by upward of 700 members of the New York police force under the leadership of Inspector Faurot, Detective Sergeant Gegan and other members of the bomb squad.

Many tons of seditious and anarchistic literature were seized in the execution of these search warrants and a large number of prisoners taken. Those concerning whom there was not absolutely positive proof of membership in the Communist Party of America were released, and those concerning whom indubitable proof was possessed were held for the action of the grand jury, and later indicted. Among those arrested on that date were Benjamin Gitlow, a former Socialist Assemblyman of the State of New York, and one of the editors of the "Revolutionary Age," and James J. Larkin, also one of the editors of the "Revolutionary Age."

Gitlow was recently tried on the charge of criminal anarchy before Mr. Justice Bartow S. Weeks, sitting in the Extraordinary Criminal Trial Term of the Supreme Court. He was convicted and sentenced to hard labor in Sing Sing Prison for a term of not less than five years, nor more than ten years.

Shortly afterward Harry M. Winitsky, Secretary of the Communist Party of America, Local Greater New York, was arrested and indicted on the charge of criminal anarchy. He also was recently tried before Mr. Justice Bartow S. Weeks, and convicted. He was sentenced to Sing Sing Prison at hard labor for a term of not less than five years nor more than ten years.

At the time of the preparation of this report James J. Larkin is being tried on the charge of criminal anarchy.

In the meantime, eighteen persons charged with criminal anarchy were arrested in Cortland county on complaint of the Committee, and the local headquarters of that organization entered and large quantities of seditious literature removed.

On December 28, 1919, search warrants were obtained by the Committee in the cities of Utica, Rochester and Buffalo. and simultaneously, at nine o'clock in the evening of that day the headquarters of the Communist Party of America, of the Union of Russian Workers, and of other revolutionary organizations

were entered by representatives of the Committee, together with representatives of the local police force in each of these three cities, and of representatives of the district attorneys of these cities. Again, large quantities of seditious and revolutionary literature was seized under these search warrants, and formed the basis of numerous indictments found against the ringleaders of the revolutionary organizations in the cities mentioned.

In the city of Rochester the headquarters of the Communist party were in a building commonly known as "Dynamite Hall.” Here was found a large circulating library containing books on anarchistic subjects, and a mass of literature urging the overthrow of organized government by unlawful means. There were also found in these premises a number of immoral books, and judging from the well-thumbed appearance of books of this character, and of anarchistic character, it seemed that this type of literature particularly appealed to the patrons of this library. In this "Dynamite Hall" was also found evidence of the fact that meetings had been held in public schools of the city of Rochester at which documents were circulated advising the propriety and the necessity of overthrowing organized government by force and violence, and in one instance a resolution had been passed in one of the public schools in the city of Rochester, at a meeting held by the Socialist local of that city, proposing that 10,000 copies of Nicolai Lenine's revolutionary appeal to the working men of America be printed and circulated.

We give below a table showing the number of indictments procured, the number of trials had, and convictions resulting therefrom.

TABLE OF CASES SHOWING PROSECUTIONS ON THE CHARGE OF CRIMINAL ANARCHY INSTITUTED THROUGH THE CO-OPERATION OF THIS COMMITTEE WITH THE DISTRICT ATTORNEYS OF THE COUNTIES NAMED

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Isaac E. Ferguson*

Charles E. Ruthenberg*..

Gust Alonen.

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New York..

Carl Paivio..

Convicted.... State prison, 5 to 10 yrs.

Convicted.... State prison, 4 to 8 yrs.

New York...... Convicted.... State prison, 4 to 8 yrs.

*Since the submission of this report James J. Larkin, I. E. Ferguson and C. E. Ruthenberg have been convicted and are now serving sentenc s of 5 to 10 years in state prison.

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* Has since been tried, convicted, and sentenced to five to ten years in State's prison.

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One defendant indicted but not yet arrested. Therefore his name is not here given.

In addition to the defendants above named six persons were indicted in New York county charged with criminal anarchy but have not been arrested, having fled the jurisdiction, and for obvious reasons their names are not given in this report.

The Committee desires to express its appreciation of the public. service rendered by the district attorneys who procured the above indictments, who are: Hon. Edward Swann, of New York county; Hon. Harry E. Lewis, of Kings county; Hon. Francis M. Martin, of Bronx county; Hon. William F. Love, of Monroe county; Hon. W. R. Lec, of Oneida county, Hon. James Tobin, of Cortland county; and Hon. Guy Moore, of Erie county.

There have thus far been four trials under indictments charging Criminal Anarchy, and all four trials have resulted in convictions. The prosecution of these four cases was conducted by

Assistant District Attorney Alexander I. Rorke, who worked with the Committee for many months, and whose fidelity and ability merit the highest commendation from this Committee.

In the course of the public hearings held by the Committee, Ludwig C. A. K. Martens was summoned as a witness to attend before the Committee. He failed to obey the subpoena which had been duly served upon him, and an attachment was issued against him by Mr. Justice Leonard A. Giegerich of the Supreme Court. Martens was brought before the Committee at the City Hall, New York, on November 14, 1919, by Deputy Sheriff Murray, and upon his appearance was released under bond in the sum of $1,000. He appeared afterward before the Committee and was subjected to a careful examination. In the course of this inquiry Martens testified that he had received from Soviet Russia some $90,000 in money for the purposes of carrying on the work of his Bureau. Pressed as to the identity of the persons who brought to him this money, he declined to answer, and the Chairman of the Committee declared him in contempt.

Just before this he had made application through his attorney, Dudley Field Malone, for the vacating of the subpoena that had theretofore been duly served upon him. This application was heard by Mr. Justice Samuel Greenbaum of the Supreme Court. Mr. Malone advanced the argument that his client was clothed with diplomatic privileges and immunities. In his decision denying the application for the vacating of this subpoena, Judge Greenbaum brushed aside this alleged claim of diplomatic immunity, and decided there was no legal provision for the granting of such a motion, and Martens was compelled to answer the questions that were put to him. He declined, however, to divulge the identity of the couriers who had brought this money to him, and declined also to answer various other pertinent questions. He was declared in contempt of the Committee by the Chairman, and an application was made by the Attorney-General for an order requiring Martens to show cause why he should not be committed to the County Jail of New York County until he should answer the questions that had been propounded to him by the Committee.

The order to show cause was issued by Mr. Justice Greenbaum of the Supreme Court, but before it could be served upon him, Martens left the jurisdiction, and it was later learned he had gone to Washington, D. C., where he has since been.

Another contumacious witness who appeared before the Com

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