264 F. 14 | 6th Cir. | 1920
On February 7, 1919, Lockhart was indicted for violation of the Espionage Act (Act June 15, 1917, tit. 1, § 3, 40 Stat. 219, as amended May 16, 1918 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 10212c]). The first count alleged that “on or about May 26, 1918, and on divers other days between June 15, 1917, and October 15, 1918,” he made and conveyed certain false reports and false statements, with intent to interfere with the operation and success of the military and naval forces of the United Stales, and to promote the success of its enemies. In the second count he is charged with speaking and publishing, at the times aforesaid, certain disloyal, scurrilous, and abusive language of the military and naval forces and with the intent to bring the same into contempt, scorn, contumely, and disrepute. The third count charges that, at the limes aforesaid, he did, by his words and acts, support and favor the cause of the German government, and oppose the cause of the United Stales, in that he spoke and uttered the statements particularly specified in the first count, “which is here referred to and by reference made a part of this third count,” and that he further said that the United Stales had no right to jump on Germany in the war; that the German people were the best people on earth and that he was for Germany in
While it is true that many of the statements were undoubtedly made before the amendatory act was passed, and that the evidence which locates important ones thereafter is somewhat vague and uncertain, and that, if the case stood alone upon those which are clearly and definitely given a later date, it would have a different aspect, at least in degree, yet the record tends to show a more or less consistent and continuous course of speech from the time before the United States entered the war until defendant’s arrest in October, 1918, by which he supported and favored the cause of Germany and opposed that of the United States. Some of these would tend to show an offense under the act before amendment, and they might have been'without the particular intent charged in the first count; so that the verdict of not guilty under that count does not establish that the statements were not made. If the testimony for the government was true, he had said that he would kill his son if the latter enlisted in the army; that he hoped the transport which took him across would be sunk; that he hoped and desired Germany to win in the war and the United States to be defeated; that he hoped Germany would come over here and defeat us; that he hoped to see the day when Germany would come here and lick hell out of ns; that after the war was over he was going to dispose of everything he had, and go over to Germany, and help that country out; that he would not buy war securities of the United States, because he would not give anything against Germany; and that he particularly stated, in July, 1918, to a young man who had been drafted, that they should not believe what the papers were publishing about the alleged victories over the Germans, as there was no truth in it. He was a man of some means and standing, and persistent talk of this kind could not fail to have the direct, harmful influence which Congress had both the power and the intent to prohibit. We do not see, in his conviction, any gross injustice which calls for interference on our own motion.
His counsel made a motion in arrest of judgment, which was overruled, and exception saved. We therefore must consider whether counts 2 and 3 of the indictment, for any substantial reason alleged in the motion, failed to state a punishable offense created by a valid law.
The judgment must be affirmed.
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