Ware

The defendants Ware, Kohn, Nolan and White, who with eighteen others were jointly charged with the 'Crime of criminal syndicalism, have appealed from the judgment of conviction and from the order denying their motion for a new trial.

The indictment contains two counts in each of which the defendants are charged with criminal syndicalism alleged to have been committed in the county of Los Angeles. The first count, drawn under subdivision 4 of section 2 of the Criminal Syndicalism Act, charges that defendants did “organize and assist in organizing and knowingly become and were members” of the Industrial Workers of the World, the nature and character of which organization is then averred. For brevity the organization will be referred to as the I. W. W. The second count is so inartificially drawn that we are left in doubt as to whether it is an attempt to charge a conspiracy to commit some one of the crimes denounced in section 2 of the act or to charge a violation of subdivision 3 of that section, i. e., the crime of publishing printed matter of the character condemned in that subdivision. The appellants Ware, White and Nolan were convicted under the first count and acquitted under…