GROUP VII

ESPIONAGE ACT

No. 83. Indictment - Violation of Act of June 15, 1917.

No. 84. Motion to Quash.

No. 85. Arraignment and Plea of Not Guilty.

No. 86. Open Court Recognizance.

No. 87. Charge of the Court-Conspiracy to Violate Espionage Law.

FORM NO. 83

Indictment-Violation of Act of June 15, 1917

Sustained in Form, but Reversed for Insufficient Evidence in Kammann v. United States, 259 Fed. 192 (C. C. A. 7th Cir.). The United States

v.

Charles H. Kammann.

Be it remembered that heretofore to wit: on the 30th day of April in the year of our Lord one thousand nine hundred and eighteen, that being one of the days of the April Term A.D. 1918 of the District Court of the United States for the Northern Division of the Southern District of Illinois, the grand jurors of the United States of America, chosen, selected and sworn within and for the Northern Division of the Southern District of Illinois, came into open court and presented an Indictment against one Charles H. Kammann, for "Violation of the Act of June 15th, 1917", which said indictment was signed by the District Attorney and indorsed by the Foreman of said Grand Jury as a True Bill, and was and is in the words and figures, following, to wit:

United States of America

Southern District of Illinois ss.

Northern Division

In the District Court of the United States in and for the Southern District, at the April term thereof A.D. 1918.

The Grand Jurors of the United States impaneled, sworn and charged at the term aforesaid, of the Court aforesaid on their oath present that Charles H. Kammann at Peoria, in the County of Peoria, in the State of Illinois, in the Northern Division of the Southern District aforesaid and within the jurisdiction of said Court on to wit, the fifth day of December, A.D. 1917 and at a time when the United States of America was at war with the Imperial German Government, with intent to interfere with operation and success of the military and naval forces of the said United States, and to promote the success of its said enemy, did then and there unlawfully, willfully and falsely state to and in the presence and hearing of a certain large class of pupils in history at a certain public school, to wit; Lincoln School, in Peoria aforesaid; that it is all nonsense, to talk about getting the Kaiser; we might just as well talk about getting the President; that the Kaiser did not cause this war; that the killing of the Prince and Princess in Servia caused the war; that Russia and Servia had the plans all made for the killing of this Prince; and that if we had stayed off the sea we would not have gotten into this war, against the peace and dignity of the United States of America and contrary to the form of the statute of the same in such case made and provided.

Second Count

And the Grand Jurors aforesaid on their oaths aforesaid, do further present that Charles H. Kammann on to wit; the fifth day of December 1917 at to wit; Peoria, County of Peoria in the State of Illinois, in the Northern Division of the Southern District aforesaid and within the jurisdiction of this Court, on to wit; the 5th day of December, 1917; and a time when the United States of America was at war with the Imperial German Government, with intent to interfere with the operation of military and naval forces of the United States and to promote the success of its said enemy, did then and there unlawfully, willfully and falsely state to and in the presence and hearing of a certain large class of pupils in history at a certain public school, to wit; Lincoln School, VOL. III-28 433

in Peoria aforesaid; that the papers and people was saying, "Get the Kaiser", that they had just as well say, get the President, that the Kaiser was not to blame for the war; and that he could take no action without the vote of the Reichstag, against the peace and dignity of the United States of America, and contrary to the form of the statute of the same in such case made and provided.

Third Count

And the Grand Jurors aforesaid, on their oaths aforesaid, do further present that Charles H. Kammann, at Peoria, County of Peoria, in the State of Illinois, in the Northern Division of the Southern District aforesaid, and within the jurisdiction of this Court, on, to wit, the fifth day of December, 1917; and at a time when the United States of America was at war with the Imperial German Government, with intent to interfere with the operation and success of the military and naval forces of the United States and to promote the success of its said enemy, did then and there, unlawfully, willfully and falsely state to and in the presence and hearing of a certain large class of pupils in history, at a certain public school, to wit, Lincoln School, in Peoria aforesaid, that the Allies pulled Germany into the war and that we should not have sent ammunition and other materials over to the Allies, that if we had not done so, we could have kept out of the war, that our sending munitions over there got Germany mad and for that reason she went to sinking our ships and this brought us into the war; against the peace and dignity of the United States of America, and contrary to the form of the Statute of the same in such case made and provided.

Fourth Count

And the grand jurors aforesaid, on their oaths aforesaid, do further present that Charles H. Kammann, on, to wit, the fifth day of December, A.D. 1917, at Peoria, in the County of Peoria, in the State of Illinois, in the Northern Division of the Southern District aforesaid, and within the jurisdiction of this Court, and at a time when the United States of America was at war with the Imperial German Government, with intent to interfere with the operation and success of the military and naval forces of the

United States and to promote the success of its said enemy, did then and there, unlawfully, willfully, and falsely state to and in the presence and hearing of a certain large class of pupils in History, at a certain public school, to wit; Lincoln School, in Peoria aforesaid, that General Lee said he could defeat the Federal Army if the Germans were out of it, that if the Germans in this country had known that this country was to declare war against Germany, that the Germans would have done differently in the Civil War, and that the Germans in this war would use their submarines and not half of our troops would get over to France, and that England was jealous of Germany's navy, and started the war, against the peace and dignity of the United States of America, and contrary to the form of the Statute of the same in such case made and provided.

Fifth Count

And the grand jurors aforesaid, on their oaths aforesaid, do further present that Charles H. Kammann, at Peoria, in the County of Peoria, in the State of Illinois, in the Northern Division of the Southern District of Illinois, aforesaid, and within the jurisdiction of this Court, on, to wit, the fifth day of December, A.D. 1917, and at a time when the United States of America was at war with the Imperial German Government, with intent to interfere with the operation and success of the said military and naval forces of the United States, and to promote the success of its said enemy, did then and there, unlawfully, willfully, and falsely, state to, and in the presence and hearing of a certain large class of pupils in History, at a certain public school, to wit, Lincoln School, in Peoria aforesaid, that it was nonsense for us to get into this war, that we cannot whip Germany unless we starve them out, and that England cannot keep on with the war because she does not raise enough supplies, against the peace and dignity of the United States of America, and contrary to the form of the Statute of the same in such case made and provided.

Sixth Count

And the grand jurors aforesaid, on their oaths aforesaid, do further present that Charles H. Kammann, at Peoria, in the

County of Peoria, in the State of Illinois, in the Northern Division of the Southern District of Illinois, and within the jurisdiction of this Court, on, to wit, the fifth day of December, A.D. 1917, and at a time when the United States of America was at war with the Imperial German Government, with intent to interfere with the operation and success of the military and naval forces of the United States, and to promote the success of its said enemy, did then and there, unlawfully, willfully, and falsely, state to, and in the presence and hearing of, a certain large class of pupils in History, at a certain public school, to wit, Lincoln School, in Peoria aforesaid, that the Allies could not defeat Germany unless they starve the Germans out, and that it would have been better if we had stayed out of the war, against the peace and dignity of the United States of America, and contrary to the form of the Statute of the same in such case made and provided.

Seventh Count

And the grand jurors aforesaid, on their oaths aforesaid, do further present that Charles H. Kammann, at Peoria, in the County of Peoria, in the State of Illinois, in the Northern Division of the Southern District of Illinois, and within the jurisdiction of this Court, on, to wit, the fifth day of December, A.D. 1917, and at a time when the United States of America was at war with the Imperial German Government, with intent to interfere with the operation and success of the military and naval forces of the United States, unlawfully, willfully, and falsely, state to, and in the presence and hearing of, a certain large class of pupils in History, at a certain public school, to wit, Lincoln School, in Peoria aforesaid, that the German Government is a free Government like ours, having a Kaiser corresponding to our President, and a legislature corresponding to our Congress, against the peace and dignity of the United States of America, and contrary to the form of the Statute of the same in such case made and provided.

Eighth Count

And the grand jurors aforesaid, on their oath aforesaid, do further present that Charles H. Kammann, at Peoria, in the