Page:Max Eastman's Address to the Jury in the Second Masses Trial (1918).pdf/10

 the middle of the alleged conspiracy—he left for Russia, and never was heard from again until winter, when we telegraphed him and told him to come home because we were under indictment. No proof has been offered that Reed met with us or communicated with us. As a matter of fact we had no meeting of these editors at all during all that period. It has been testified that Floyd Dell was taking a vacation, during this summer—during the months when I was not taking a vacation. And that was always what we did during the summer months. I would take a vacation one month, then I would stay around, if we did not have an assistant, and see that the magazine got through, when he was not there. And during one month, and while one whole issue of the magazine was brought out, neither Floyd Dell nor I was there. It has been testified to you that this issue of the magazine was brought out by Dorothy Day, who was hired as an assistant to stay in the office and keep the magazine going when we were away. And I want to call your attention to the fact that this issue of the magazine—the October issue—is very much more moderate in tone than the August issue, which was the first one excluded from the mails, except for this cartoon. And if I remember the proceedings, Your Honor, this cartoon was admitted only against the corporation and not against any of us as individuals—on the ground that Dorothy Day herself published it, and that none of us had anything to do with publishing it, and that I, in fact, did my best to keep it from publication, and thought I had done so. Am I right?

If the conspiracy existed at the time, it is binding against the individuals.

(continued): But otherwise—if the conspiracy has not been proven—this cartoon is not binding