1926-01-05 — Page 9

COMMUNIST LEADERS SENT TO PRISON.

[FROM OUR OWN CORRESPONDENT]

THE HONGKONG DAILY PRESS, TUESDAY, JANUARY 5TH, 1926

MR. JUSTICE SWIFT'S SUMMING-UP. | achieved its Brat successes. If you think

THS LAW AND SEDITION. Mr. Justice Swift, summing up when SEVEN REFUSE TO BE BOUND

the Attorney-General (Sir Douglas Hogg. OVER.

K.C.) had concluded his reply for the JUDGE ON ILLEGALITY OF THE Crown, said that it was idle to suppose

PARTY,

that before the jury came into Court they had not heard something, at any rate, of the Communist Party, or of the matters with which they had been dealing there. "You must approach this case with a perfectly open mind, without the slight est prejudice one way or the other, as if you had never heard anything at all about the Communist party, or anything about the case at all," he said. “Decide this case upon what you have heard in this Court and on nothing else...?!

LONDON, November 27th. The trial of the twelve Communist leaders concluded at the Old Bailey yesterday with a verdict of guilty against each on all counts, and sentences of twelve months' imprisonment, in the second division en five who had been pre viously convicted, and six months on the other seven on their refusal to be bound "over on condition this they withdrew from

the party.

The jury must not think of the con-

The fire to receive the heavier ser sequences which would happen to those men if they were convicted, or of the tences were:---

consequences to the State if they were "There will be conse- nat convicted." quentes, whichever way you find," he

Albert Samuel Inkpin, 41, secretary of the Communist party of Great Britain; William Charles Rust, S, secretary of the Young Communist League; Harry Pollitt, 30, member of the Exe cutive of the Communist Inter- national:

William Gallacher, 43:

Walter Hannington, 30.

added.

Regarding references which had been made during the case to speeches made outside the Court, his Lordship said that if persons not before the Court had made seditious specches or performed seditions The seven sentenced to six months in acts, they might have been or would be in the future dealt with according to the the second division were

law, The jury must not allow their minds to be affected in the slightest degree by any reference made to speeches which were not before the Court.

Ernest Walter Cant. 13, formerly London organiser of the partyj John Ross Campbell. 30, editor of the

Worker Weekly;

Thomas Henry Wintringham. 7, assist

ant editor, Makers Weekly;

"Thomas Bell, 43;

POLICE METHODS."

In cross-examination, there had been a good deal of criticism of the methods

Arthur Mellanus, 35, member of the adopted by the police, amounting to

"Nobody, Executive of the Communist Intercharge of police spying.

said his Lordship, "regrets more than we national;

do-unless it be the police themselves-

John Thomas Murphy, 30:

Walter Page Arnot. 4, director of that such methods have to be adopted

Labour Research.

.

"NOT A POLITICAL OFFENCE.

The jury were absent from court for the consideration of their verdict only twenty minutes. When they returned to the court and the foreman and announced that the accused were found guilty on all counts, Mr. Arthur Henderson,, who with Sir Henry Slesser. E.C.. represented Inkpir, Cant, Wintringham, Murphy, Me Manus, Arnot, and Hannington, asked that the defendants might be treated as political offenders, and if they were to be sent to prison that they might be sent into the first division,

Mr. Justice Swift replied that, he "pro-

these men have received money from Russia, you will ask yourselves this fur- ther question- Would the Communist party in Russia be likely to send their money to people in England to preach doctrines other than those which were de- sired by every Communist International all over the world"

-

A NECESSARY LAW. Mr. Justice Swift dealt with the obser vation by Mr. Pringle about "a musty old Act of 1707." The Act under which the charge was taken, pointed out his Lordship, was a temporary one to deal with the mytiny at the Nore, but it was found to be so necessary that in 1817 it became part of the permanent law of this country. Thus it would and must remain so

It would be laughable, if it were not so serious, to suggest that anyone. could persuade sailors and soldiers not to carry out their orders. What would happen if they allowed that? There would soon be a revolution. As one of the passages said Foure regiments of Guards disobeyed their officers. The Revolution of Moscaw, had begun."

L

"Since our history as a nation began,” his Lordship concluded, our country has, happily, been singularly fres from treason, insurrection, tumuls, and sedi tion, but from time to time in its history these things bave occurred, and they will occur again. It will be a bad day for our country it, when such things do occur, the Government of the country is not strong enough to bring those suspected It of them before the Courts of Law. would, indeed, be a bad day if, when sedition is poved to have occurred, there is the slightest hesitation on the part of jaries or judges' in putting down such offences.

Do your duty without fear and with- out favour. If the evidence brought he fore you satisfies your conscience that these men are guilty do not hesitate to find them guilty; if that evidence does not antisfy you do not be afraid to find them not guilty."

secret

COMMUNIST FUNDS. TrÖRNEY-GENERAL AND AID FROM MOSCOW. But if a crime is committed in secret, or is believed to be committed in secret. The Attorney-General (Sir Douglas methods and subterfuge have to be adopt Hogg, K.C.), in his concluding address to the jury, said that Me. Pringle (who ed in order that it may be found out."

Passing on to the suggestion that the represented Rust and Bell) argued that prosecution was inaugurated by one there was no truth that the Communists political party in order to exterminate an were drilling, but their own documents other political party, Mr. Justice Swift showed that they knew better how to said that the fact that defendants belong. prepare for armed results than by drill- ed to a political party might or might not ing. There were references to have some significance, but that they were postal arrangements" and for "every. prosecuted by a rival political party could body to be prepared to act his part as have no significance at all. "If the soldier in the revolutionary army evidence proves them to be guilty it "Do not these passages,” asked the matters not how low the motives which Attorney-General, throw food of light animated those who brought the case be upon that part of the case which has fare you. If they are not guilty. it been so much stressed by the defence as matters nothing how high and patriotic to the meaning of letters regarding the the motives with which the prosecution sending of money from Russia! In my sub- was instituted. It is beside the question mission the question of getting money who prosecutes. them, or why they are From Russia is of comparatively small im- prosecuted."

portance. The question you have to deter mine is whether or not these people have

posed that such as were. sent to prison that it "wus their duty to give the de- been proved to uttter seditious libels.")

should be sent to the second division, which would keep them from the ordinary criminal classes. "I think that is rather better than what you are asking," added his Lordship. It is not a political

offence."

Mr. Justice Swift reminded the jury fendants the benefit of any reasonable doubt in their minds.

PURPOSE OF THE PROPAGANDA.

It was argued by the defence that there were no secret communications between London and Eussia, and no secret chan- nel for transmitting money. But the books of the Communists showed that they had received £14,000 within a few months, and it was not a wild hypothesis to sug- gest that the money they were spending so freely in their salaries and in pro paganda work was money they were re- ceiving from their masters in Moscow.

It has a certain bearing if we find in carrying on their work under direction from Moscow, with funds supplied from Moscow, that according to their own It was said the defendants had not books there had been armed rebellion and adopted the ordinary methods of Con- civil war in Moscow. It is what they servatives, Liberals, Labour, and So-were doing with the money which matters. cialists of getting a change of policy and if these documents are seditious it In passing sentence his Lordship said: through the ballot box, but they had com- does not matter whether they got the The jury have found you twelve men bined to overthrow the present Govern money for publishing them from their guilty of the serious offence ou conspiracyment, and substitute for its form of dupes at home or their allies abroad." to publish seditious bels and to incite government by Soviet committees, or people to induce soldiers and sailors to some system of that sort. In deciding break maths of allegiance. It is obvious whether the language used was seditious from the evidence, which was given be or not, the jury would ask themselves, fore the jury, that you are the members

Does it promote or lead to civil war of an illegal party tarrying on illegal If the principles advocated were carried work in this country, and it must be stop-out, would it lead to civil war? If the ped. Five of you, Inkpin, Rust, Pollitt, advice given to soldiers, sailors, and Gallacher, and Rannington, have been strikers were to be carried out, would convicted before. You have had your that mean civil war 1" warning as to the danger of breaking the - laws of this country, and I can do nothing now" but send you to prison. Because you are not of the ordinary criminal classes you shall not be dealt with in the ordinary way, but put in the second divi- | sion. You five will go to prison for twelve calendar months. You remaining seven have heard what I have to say about the society to which your belong. You have heard me say it must be stopped. I am

If you come to the conclusion that not anxious, if I can avoid it, to send you in these books there is nothing but in to prison. Those of you who will promise nocent propaganda for better conditions me that you will have nothing more to do with this association, or the doctrines of life for the working classes. nothing

which it preaches, I shall bind over to be of good behaviour in the future,, Those of you who do not promise will go to prison.

JUDGE'S CONDITION REJECTED,

The Judge then called each of the separate seven defendants by name and asked them, "Will you be bound over?" Each one replied emphatically, "No, I will not." They were each then sen- tenced to six months' imprisonment in -the second division.

Mr. Henderson asked if the defendants who were married might see their wives, Mr. Justice Swift asked if this could be done, and the warders said it would be very inconvenient.

Mr. Justice Swift: Let the inconveni- ...ence be overcome. I desire that their

wives may see them.

In addition to the principles alleged to be seditious were many others quite inno- cent and proper. What the jury had to decide was whether, apart from the prin. ciples at which no man could cavil, were there other principles laid down, and the expressed intention of trying to obtain them by civil war, subverting the hw of the Empire by stirring up violence and strife between different classeal

3,000 MISLED PERSONS.

It has been, said," the Attorney- General pointed out," that this is an insignificant organisation, which need not be treated seriously, whose efforts are s despicable that they may be ignored. That is not what they used to say in their meetings. If they had, so far succeeded that they have established in this country no less than 5,000 persons, who may have been misled by these poisonous doctrines, and who were PIC- pared to undertake these illegal, ac- but the teaching of economic doctrines, 1 tivities, if it be true that they have should think you would come to the con- succeeded with good results, as they say clusion that none of the defendanta is to get 14,000 pernicious pamphlets spread guilty. But if, when you take these among loyal servants of His Majesty the books, you come to the conclusion, that King, is it not time these activities were there is in them statements of principles ended, that the public were warned that which will lead to civil war, which imply in the guise of economie demands they that it is lawful and commendable to em- were in fact attempting to carry out an ploy physical force against the Govern-armed revolution-which the people would: meat, if you come to the conclusion that never desire-that, in the guise of sym- the language tends to subvert the Gov-pathising with possibly just grievances of ernment of the Empire, then you will not soldiers and sailors they were really only be within your rights, but it will endeavouring to sap their loyalty and to be your duty to find the defendants disintegrate the Army of which these guilty."

soldiers are loyal members?

THE GOVERNMENT.

Defining what was meant by "the Government of this country," Mr. Justice Swift said it was not a Conservative or Labour Government-not Mr. Ramsay MacDonald nor Mr. Baldwin. When they were talking about sedition, the object of which was to overthrow the Govern ment, they were speaking of government by the King in Parliament, that govern. ment which was going on the whole of the time. What was meant by overthrowing

There was no scene in Court, which was crowded, when the verdict was given.

The seven defendants consulted with one another, and shook their heads when the Judge intimated that if they would give up their society 'ho would bind. the over They took the sentence quite cool-the Government was a complete change

ly.

Mrs Rust, the wife of one of the de- fendants, collapsed on hearing the ser tence and was taken out of court, un- conscious. It was some time before she revived and was taken care of by her friends.

-

There was no gathering outside, a vere dict yesterday apparently coming e surprise. It was generally thought that the Judge would conclude his summing up and the yerdict be given today. The decision of the jury not to have the mume rous extracts in the case read again led Considerably to the shortening of the trial.

in the Constitution, the abolition of the King and the House of Commons and a substitution of some form of government by a committee of workers.

Dealing with the letters which it was suggested meant the transmission of money from Russia by secret channels, his Lordship pointed out that if the de fendants had not gone into the witness box there were people who could have done, so and explained what the letters really meant. Ent don't let this ques tion unduly alarm yqu, and do not give it an importance it is not entitled to," he said. "Its due position seems to be that from Moscow the Communist party

SUNRISE AND SUNSET IN HONGKONG.

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8.10

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