Stewart

The defendants, together with one C. J. Driscoll were prosecuted under an indictment returned by the grand jury of the county of Sacramento, charging the crime of criminal syndicalism, as follows, to wit: “The said H. B. Stewart, C. J. Driscoll and Pete Wukusitch on the - day of December, A. D. 1922, at the County of Sacramento, in the State of California, and before the finding of this indictment were and each of them was, then and there willfully, unlawfully, and feloniously and knowingly a member of an organization, society, group, and assemblage of persons known and designated as ‘The Industrial Workers of the World,’ sometimes known and referred to as the ‘I. W. W.’ and sometimes known and referred to as ‘One Big Union’; which said organization, society, group, and assemblage of persons was then and there organized and assembled to advocate, teach, and aid and abet Criminal Syndicalism, ...”

Upon trial the defendant Driscoll was found not guilty and the appellants guilty. The appellants’ motion for a new trial having been denied, an appeal was taken therefrom, and from the judgment of conviction to this court, and is now pending for consideration.

As reasons- for a new…