New York Times
ANTI-DRAFT CASE GOES TO JURY TODAY
Judge Mayer Orders Acquittal of Miss Parker, Who Was Not Active After
Bill Was Signed.
PARENTS WARNED STUDENTS
Prof. Cattell Testifies That He Told His Son to Avoid the Conspiracy Law
in Writing Pamphlet.
Dr. James McK. Cattell, professor of psychology in Columbia University, took the stand in the Federal District Court, yesterday, as a witness for his son, Owen Cattell, who is on trial for conspiracy to obstruct the operation of the selective draft law.
"Is it not true that you came to my office the day following the arrest of your son and other defendants in this case?" asked Harold A. Content, Assistant United States District Attorney.
"It is," Dr. Cattell answered.
"Now, is it not also a fact that while in my office you told me that the Government of the United States was making itself ridiculous in this case?"
Before Professor Cattell could answer, Morris Hillquit, counsel for young Cattell and his co-defendants, objected to the question and was sustained.
"And is it not true that you told me that you knew President Wilson and the members of his Cabinet, and that you were certain that they would not approve of the Government’s action in this case?" Mr Content asked.
Again Mr. Hillquit was ready with an objection and Judge Mayer sustained him.
The trial of Owen Cattell, Charles Francis Phillips, and Miss Eleanor Wilson Parker was resumed before Judge Mayer yesterday afternoon. The defense rested its case at 4 o’clock, and Judge Mayer ordered the jury to acquit Miss Parker, the evidence so far as she is concerned showing that she did not take any active part in the anti-conscription propaganda after President Wilson signed the Selective Draft bill on May 18 last. In the case of the two young men the jury will have to decide.
Tried to Stay Within the Law.
Phillips and Cattell testified on Tuesday, and both swore that they had intended to bring the no-conscription pamphlet, of which they, with Miss Parker, are joint authors, within the law, but that before they could make the necessary alterations the Federal Secret Service stepped in and seized the originals of the anti-draft documents. Both swore that they had not intended to violate the law, although several days later Phillips refused to register in his election district, stating that he would decline to live up to the law.
On the stand Miss Parker said that she had attended the meeting of the Collegiate Anti-Militarist League on May 8, and had aided in the preparation of the pamphlet the Government contends is evidence of a conspiracy to defeat the purposes of the law. She did not see the document after the President signed the draft law, nor did she have anything to do with the activities of Phillips and Cattell in getting the pamphlet printed.
"I really did not know whether it was legal or illegal," said Miss Parker in answer to a question by Mr. Content. She said that on Saturday, May 26, which was eight days after the President signed the draft law, Phillips called her on the telephone and said he was nervous for fear they had exceeded the authority granted them at the May 8 meeting in regard to the composition of the pamphlet. Miss Parker told him he had better consult a lawyer, and it was after that Phillips consulted Harry Weinberger, who is the attorney for Emma Goldman and Alexander Berkman.
"All of us," added Miss Parker, "Wanted to make the pamphlet legal before distributing it."
Miss Parker said that she realized that it would be unlawful for a man of the stipulated ages not to register.
Phillips Warned by Father
Harry Phillips, a manufacturer of clothing, father of the defendant Phillips, followed Miss Parker on the stand. He testified that he had advised his son not to violate the laws of the United States and that his son had promised to keep within the law.
Mr. Content asked him if he knew that subsequent to the date on which he advised his son to obey the law the latter had refused to register as required by law. Mr. Hillquit objected and was sustained. The elder Phillips is known to have no sympathy with the propaganda of which his son was a part.
Professor Cattell testified that on May 26 and again on May 27 he had warned his son to stay within the law and had pointed out that the signing by more than one person of the document such as was planned would constitute a conspiracy.
Mrs. Cattell, the mother, and Miss Quinta Cattell, the sister of the defendant, corroborated the testimony of Dr. Cattell.
The last witness was E. R. Brimhall, an instructor in psychology at Columbia. He said that Owen Cattell had told him that his father had advised him against violating the law and had informed him what constituted the crime of conspiracy.
Mr. Content and Mr. Hillquit will sum up this morning and the case is expected to go to the jury about noon.