The Daily Alaskan

The case of the United States government against Charles Nye, in which he was accused with sedition, the complaint charging that he did make, utter and publish words tending to excite discontent, trouble, ill feeling and hostility against the government of the United States of America, came up for trial in United States Commissioner's court under E. A. Rasmuson yesterday afternoon.

After considerable time used in examining jurors the following men were empanelled to try the case: Paul McClelland, A. B. Towne, W. B. Bledsoe, Max Gutfelt, Fred Fonzo, Sr., Howard Ashley, J. McBrien, William B. Wright, Frank Feero, Alex C. Blanchard, H. B. Flaharty, and J. F. Ward.

Deputy United States District Attorney Ragan opened the case and nine witnesses were put on the stand, each of whom testified to the defendant making various statements which could be construed to be of a more or less seditious nature.

U. S. Deputy Marshal Hardy was the chief witness for the government, and he testified that he heard the defendant make remarks in Hern's cigar store, at Selmer's barber shop and at the heating plant of the Home Power company on the flats and at other places utter words which were of a nature to cause discontent and ill feeling towards the United States.

Perry Hern, cigar dealer, Mr. Dotts, in charge of the U. S. Signal station, George Rosenberg, of the White Pass auditing department, Oscar Selmer, barber, Mr. Curtis, manager for Fye-Bruhn meat company, A. J. Baker, dairyman, Smith Remick, formerly an employee of the Home Power Company, F. J. Vandewall, deputy collector of customs for Skagway, all testified in substantiation of the remarks charged to Nye.

After these witnesses had been cross examined, the government rested its case, and Grover C. Winn, attorney for Nye, placed the defendant on the witness stand, where Mr. Nye made a complete and absolute denial of all the accusations of the witnesses.

He admitted that he had refused to buy a Liberty bond, stating that he did not believe that when a man had to borrow money and pay interest that it was up to him to invest in bonds. He also admitted that neither he nor his wife were members of the Red Cross society.

Mr. Ragan only cross examined the witness on a few points, and then proceeded to address the jury.

He made a most eloquent address, bringing out facts in the case in a clear and concise manner, and his words were attentively listened to by the large crowd which taxed the capacity of the court room.

Mr. Winn stated that he admitted that as this was his first case in defending a charge of this nature, still he felt it his duty under his oath to use his utmost skill and knowledge in defending his client. He brought up a technical point, claiming that the government had failed to prove that the nation was then and there at war, as alleged in the complaint, but he showed throughout his address that his sympathies were not entirely with his client.

The case was given to the jury at 9:30 o'clock last night, and at 2 o'clock this morning they reached an agreement which was sealed until ten o'clock this morning when court convened for the purpose of receiving their verdict.

The envelope containing the verdict was handed by Paul McClelland, who was foreman of the jury to Judge Rasmuson, and when opened was found to be as follows:

We the jury in the above named action do find the defendant "guilty, with the recommendation of leniency with a fine and no jail sentence."

District Attorney Ragan then suggested that in as much as the defendant, Charles Nye, or his wife were not members of the American Red Cross society, they take out life memberships it would have weight with the court when sentence was imposed.

Shortly after two o'clock Mr. Nye appeared by counsel who stated to the court that the defendant wished to state before sentence was imposed that since he had been pronounced guilty by the jury he had made application for $2000 worth of U. S. Liberty bonds of the third issue, and that he had donated to the Skagway branch of the American Red Cross $100 in cash to be used for the purchase of supplies, in addition to which he had taken out for himself and wife subscribing memberships in the local branch of the Red Cross, and that he had donated to the Red Cross one electric sewing machine, and would at the earliest practicable moment sign a food conservation card. All this he did of his own will and accord, after he had been shown that it was the duty of a loyal American citizen.

District Attorney Ragan stated that this action on the part of Mr. Nye was very gratifying to him, and that by this action the defendant reinstated himself in his friendship, and he therefore asked the court to be lenient in its sentence.

After a few remarks by Judge Rasmuson, in which the court went over the case, pointing out the severity of the crime with which the defendant stood convicted, and who by his actions had shown that his actions had been prompted more by ignorance and perhaps even stubbornness, he read that part of the statute which provides penalty of $1000 or imprisonment for the first and, for the second offense a fine of $2000 and imprisonment. He then sentenced Mr. Nye to pay a fine of $200 and the costs of the action, which amounted to $107.