Powell

defendants were jointly charged with and tried for and convicted of the crime of criminal syndicalism in the superior court of Plumboldt County. Each made a motion for a new trial and the same was denied and each appeals from the judgment of conviction and the order denying him a new trial.

The offense with which the accused are charged and of which they were convicted is that so denounced by subdivision 4 of section 2 of the Criminal Syndicalism Act (Stats. 1919, p. 281), which makes it a felony for any person to inaugurate or assist in inaugurating, or is or knowingly becomes a member of, any organization, society, group, or assemblage of persons, organized or assembled to advocate, teach, or aid and abet criminal syndicalism, as that crime is defined by section 1 of that act.

Seven of the defendants were, on the fourteenth day of October, 1923, arrested by the sheriff of Humboldt County, assisted by several deputies, in a room in a building designated and known as “218 D Street,” in the city of Eureka, in said county. The defendants so arrested were Powell, Bryan, McRae, Allen, French, Taylor, and Beavert. The defendant Nicholson was arrested at a subsequent time at some…