Blackwell Family General Correspondence Weinberger, Harry Alice Stone Blackwell Harry Weinberger Counselor at Law 70 West 40th St. New York Telephone 2217 Longacre 2218 April 15,1927. Mrs. Alice Stone Blackwell, 3 Monadnock Street, Boston, Mass. My dear Mrs. Blackwell: Thanks for your Easter Greetings printed by one of the youngsters of your family. Some time I am coming up perambulating the Boston way and I will look in on you. I wonder do you ever come down to New York, and if you do, do not pass me up? I wonder whether your Governor will be as big as John Altgeld in the Anarchist Haymarket cases who after examining the evidence himself, courageously not only pardoned the men, but stated that in his opinion as a lawyer, the men should never have been convicted. I am Ever sincerely yours, Harry Weinberger HW:AGHarry Weinberger Harry Weinberger Counselor at Law 32 Union Square, New York Telephone Stuyvesant 45-12 March 29, 1922. Miss Alice Stone Blackwell, 3 Monadnock St., Boston 25, Mass. My dear Miss Blackwell: Re: R. F. Magon, and Librado Rivera. In answer to your letter of the 27th inet., I think your suggestion of getting various people to write letters to President Harding and Attorney General Daugherty is good. They should ask for his release. Though he has no objection to going to Mexico, his desires a little time to straighten up his affairs before actually leaving the country. I believe while one is asking, one may as well ask for unconditional release, though incidentally stating that Magon and Rivera are willing to leave the country as well, after a few months and that that could be conditional. I think perhaps a doctor from Kansas City could be obtained to go in, if we do not get the desired information from Washington within the next few days. I think Gurley Flynn or Miss Fitzgerald might be able to tell us who a good man would be. You're sincerely, Harry WeinbergerHarry Weinberger November 10, 1922 Dr. Simon B. Langworthy S.E. Corner Fifth & Delaware Sts. Leavenworth, Kansas Dear Sir: Enclosed please find check duly endorsed to you for examination of Ricardo Flores Magon though we did not order you to make the examination. As I understand, you made it at the request of the Warden of the federal penitentiary who was notified that the Department had given permission that you make the examination. Kindly inform me if that is correct. Try truly yours HW:LS P.S. I send you herewith a copy of a letter from Ricardo Flores Magon which speaks for itself. After application was made to have you examine Mr. Magon we changed our request for the doctor and apparently the Department preferred to let you do the examining and inasmuch as they were insisting on your report before sending their recommendation to the attorney general, we thought we might as well have it through with. I think Mr. Magon's diagnosis of your diagnosis is correct.Return to Miss Blackwell HARRY WEINBERGER COUNSELOR AT LAW 82 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 November 10, 1922 Miss Alice Stone Blackwell 3 Monadnock Street Boston 25, Massachusetts Dear Miss Blackwell: The enclosed copy speaks for itself. They caught us napping by getting Dr. Langworthy. You are correct about being it proper for future use, and pay the bill. We could not keep on insisting that they have Burkhardt do it as with official red tape they would keep on holding up the report on Magon's case until the matter was straightened out which would have been a long time. So it is just as well to take the situation that we got into and let it go at that. Meanwhile I am having hurried the examination in the Department of Labor for the purpose of having Magon and Rivera hearings closed and warrants of deportation issued, which is what the Department of Justice will insist on before they finally proceed. The Lord knows the Department makes mountains out of molehills and then proceeds to call out miles of official red tape to remove the mountain. Very truly yours Harry Weinberger HW:LS Leavenworth, Kansas November 5, 1922 Copy Mr. Harry Weinberger New York, New York My dear friend: I have just received our letter of the 1st of this month with copy of Dr. Langworthy's report enclosed. I do not know what value a biased mind might attach to the above mentioned document, but I am sure that to an unsophisticated one the sole reading of the report will impress with the suspicion that I am not in good health. The report states that my height is 5 feet and 8 inches, and that my weight is 155 pounds only. This statement alone is enough to cast a powerful doubt as to the veracity of the assertion that my physical condition is good, but from doubt the mind swings to astonishment when it is learned by the same document that I am "well nourished," that my thorax is "normal in shape and well padded with flesh," that my abdomen is "slightly corpulent," and my muscular system "well developed," which means that a man of nearly 6 feet in height and with an athletic constitution weighs only 155 pounds, when the normal weight of a man answering to this description would not be less than 195 pounds or 200. The temperature is stated as normal; perhaps it was so at the time of being tested, about nine o'clock in the morning, but everyone with a little clinical experience knows that the temperature of a patient varies during the course of every twenty-four hours. The skin is "slightly pale from indoor confinement," says the report, but you know by the report sent to the Department of Justice on the second week of September, 1920, that anemia was evident. The report further says: "Tonsils in fairly good condition. Uvula markedly elongated. He has catarrhal naso-pharyngitis chronica. Larynx, comparatively healthy." A very little knowledge of human anatomy is needed to understand that if I have catarrhal naso-pharyngitis chronica, my tonsils cannot be in "fairly good condition" nor my "larynx comparatively healthy," and as a matter of fact my tonsils torment me to the extent of depriving me of sleep several times during every month and interfere with the taking of food. The report continues: "Microspic examination of sputum shows a few pus cells. He has a chronic bronchitis." This pus cells present in my sputum demonstrate that I am afflicted with a dangerous disease of my respiratory organs, for the presence of pus cells in the sputum shows that tissues of those organs are rottening and dissintegrating, the report, however, says: "There are no indications of tuberculosis or other serious disease of his lungs." The report admits the presence of lumbagothough of "mild form," but for me acute enough as to deprive me of freedom in my movements, and to make my life miserable with the pain it causes. The report confesses, however, that I could not bend my back. As to my vision, "partial cataract in each eye" is diagnosed, with "cloudiness in each lens," The conjunctiva is declared normal, when it is only too evident that I have chronic conjunctivitis in both eyes. Furthermore, I have exophthalinia and this is not reported, the exophithalinia indicating severe sickness of the eyes. It is stated that I can read by means of glasses, though with difficulty, regular newspaper print. The truth is that I could only read coarse type. To read my newspaper, and to write my letters, I make use of a reading glass which augments four times the size of the printed or written characters. That I "can read easily recognize a person within about ten feet," it all depends on the intensity of the light, for I can see better in subdued lights. Under the sunshine I cannot recognize a person within about three feet. By the analysis Dr. Langworthy made of the urine, there is no indication of diabetes. Could diabetes disappear on a diet mostly composed of starchs and syrups? The prison physician at McNeil Island Penitentiary diagnosed diabetes, and the doctor of the service of the U.S. District Court for the Southern District of California, diagnosed the same, when requested by Federal Judge Oscar Tripett to have me examined while waiting trial in the Los Angeles County Jail. I have no more paper to continue writing on, my dear friend, but I think that you and all honest people will notice that reason is against the absurd statement that my health is good. I am sick, and very sick. Please give my salutations to all friends, and you be sure of the high esteem of your friend, RICARDO FLORES MAGON P.S. From time to time and for several days, blood is present in the sputum, especially in winter. The pain in the region of my heart is always present, and so the one in my kidneys. Nothing is said in the report as to how irregularly my bowels move. They move every four, five and even six days, which means that I am suffering from something or other of a very grave character. The "slight" couch is so intense and continues as to keep me awake for nights. DRS. LANGWORTHY & LANGWORTHY Leavenworth, Kansas November 6, 1922 Mr. Harry Weinberger Counselor at Law New York Dear Sir: In answer to your note of November 1st, I have to say I have never received and "Order" from anyone to make this examination. Last June Miss Alice Blackwell wrote me from Boston requesting me to make such an examination of Prisoner Ricardo Flores Magon. At that time the Attorney General did not give his consent for such an examination to be made by an outside physician and I was allowed to make only such examination as I could by observation of said prisoner while he was being questioned by the Warden without his knowing that I was a doctor or that I was observing him. Miss Alice Blackwell paid me for the report of this observation. Early in October last the Warden informed me that he had a communication from the Attorney General directing him to allow me to make this examination, which had been again requested by you. This was not an order or even a request for me to make the examination, but simply directed the Warden to permit me to do so, in the presence of the prison physician. Said communication was not addressed to me, is not now and never was in my possession. If this is the document of which you wish a copy I cannot give it. I made a thorough examination and wrote a complete report thereof, which, not knowing to whom to send the report and look to you for my pay, I retained until I learned that you wished it went to you. You will remember that you telegraphed me asking me to send you this report. This from you was the nearest to an "Order" that I received from anyone. I sent it to you in good faith. I hope that this explanation is satisfactory, and that I will receive my pay from you without further delay. Respectfully, S.B. LANGWORTHY copy July 8, 1922. Hon. Harry M. Daugherty, U.S. Attorney General, Washington, D.C. Dear Sir: May I again call your attention to the cases of Ricardo Flores Magon and Librado Rivera, U.S. Prisoners at Leavenworth, prison. These Mexicans are willing to leave the country if released. The Mexican Government through its Charge de Affairs has also made this request for their release. If the fact that the Mexican Government is not recognized should be considered an obstacle, may I call to your attention, that in the cases of Jacob Abrama, Mollie Steiner, Hyman Lachowsky and Samuel Lipman, they were released on the statement of the present Russian Government that they would be received, and upon my informing your Department of that fact President Harding released them conditional upon their deportation. I herewith inform you from personal knowledge received in Mexico by me, and by letters received by me from Mexican officials that Magon and Rivera will be received. I would also state that if by any chance Mexico should not receive them--though that is practically an impossible situation-- arrangements would be immediately made for them to leave for some other country at their own expense. Hopin that a reconsideration of this case, the fact that these men are in jail for the mere expression of an opinion, that they have been in jail more than three years, that they are able and willing to leave the country, will lead you to the decision of recommending their immediate release, and respectfully requesting that you advise me of your decision, I am Very truly yours, Harry WeinbergerWeinberger to DaughtertyHarry Weinberger Counselor at Law 32 Union Square, New York Telephone Stuyvesant 45-42 July 11, 1922 Miss Alice Stone Blackwell 3 Monadnock St., Boston 25, Mass. My dear Miss Blackwell: Your letter to Mr. Baldwin of July 8th to hand. You have probably noted that in the New Republic of July 5th my full column letter on the lagoon case, which I believe is doing some good. A letter to a hundred and fifty papers about the Magon case will not do any harm. Nothing will do any harm in this case and publicity will help, though sometimes the Government officials state that they are sore about publicity and that their action will be just the contrary on account of it, but after that first gesture, it usually brings actual results and release,20, if you desire to send out those letters, do so at once The Mexican Government, through it Ambassador, and other ways, is bringing decided pressure to bear for the release of these men. I may also, if find that I can arrange the time, make a special trip to Washington this week for a personal interview on behalf of Magon and Rivera. I enclose copy of last letter sent to the Attorney General. I believe also that many personal appeals in the form of letter to the Attorney General and President both would help. As you probably have also noted, Vincent st. Jon has been released. This is the last of the four I. W. W.S whose cases I understood to push personally. Of course, I am doing what I can on general amnesty but of political prisoners' cases (United States prisoners) I only have Magon, Rivera and Manuel Rey. Then I have the six Texas State prisoners, Jesus M. Rangel, Charles Cline, Abram Cisneros, Fedro Parales, Jesus Gonzales and Leonardo Vasquez, who are Mexican revolutionists sent to jail for life more than in years ago, whose release I am working for at the present time. Sincerely yours, Harry Weinberger HW/bHarry WeinbergerHARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 Oct. 21, 1922. Miss Alice Stone Blackwell 3 Monadnock St., Boston 25, Mass. My dear Miss Blackwell: I send you herewith copy of letter sent yesterday to the Attorney General. There is nothing for you to be regretful about the episode re Magon as the probabilities are that if they had not known the facts about Dr. Longworthy and his attitude, they would not have given their consent. I sent copy of a long letter to the Nation, of one of the people who went out to see Magon and others, as to their treatment of visitors which, if they print, it will be interesting to note its effect. I had been in hopes of writing the Magon article this week but court engagements and other business prevented me from doing it but hope that I may be able to do so some day next week, and see if the New Republic will take it. My idea is to actually print what Magon printed and then ask the people whether they think that should be what a man is imprisoned for. Sincerely yours, Harry Weinberger HW/B enc.H WeinbergerJuly 13, 1922. My dear Miss Blackwell: I received the attached letter this day and am leaving for Washington tonight to press the matter personally, and hope to interest one of the big Senators to go with me and make a personal presentation on Mr. Magon's behalf, as well as the Mexican Ambassador. Yours very truly, Harry Weinberger HW/b copy July 13, 1922. Hon. Harry M. Daugherty, Attorney General of the U.S., Dept. of Justice, Washington, D.C. Dear Sir: In answer to your letter of the 10th inst., re RicardoFlores Magon and Librado Rivera, stating that these men are dangerous anarchists and their life has been one continuous fight against law and government, may I state that their fight has been a continuous one against the despotism of Diaz and tyranny in Mexico, and certainly our revolutionary history should make us at least considerate of those who also in their own country fought against despotism and tyranny, and we would think mighty little of the Washingtons and the Hamiltons, the Jeffersons and the Franklins, who fought a successful revolution though it took them eight years to do so, if they had quit. You state that "it would be extremely unwise to allow them to return to Mexico at this time because of conditions there." Certainly the Mexican government, through its official ambassador and through various States of Mexico and the Mexican Federation of Labor, having asked for the release of these men, are the ones to judge whether it would be hurtful to Mexico for these men to be returned to it. Just as the Russian Government determined whether to allow the return of Jacob Abramas, Hyman Lachowsky, Samuel Lipman and Mollie Steiner. As far as these men returning to the United States, surely commutation of their sentence being condition upon their deportation and non-return, if they did return, they would have to complete the balance of a twenty year term and in addition would violate the Immigration Law, which would mean another five years. It is clear that these men would under no circumstances ever return, besides which, the age of Mr. Magon and Mr. Rivera, and the fact that both eyes, should carry weight in allowing these men the freedom to have their health restored and find a little peace in their own country and under a government which they approve of, and their possible return need not be considered. Yours respectfully, Harry Weinberger. HW/bcopy 35-473 Rivera 35-766 Magon Office of the Attorney General Washington, D.C. July 10, 1922. Harry Weinberger, Esq., 32 Union Square, New York, N.Y. Sir: Replying to your letter of July 8, 1922, asking for the immediate release of Ricardo Flores Magon and Librado Rivera, Federal prisoners at Leavenworth, on condition that they leave the country, you are informed that, according to the reports received, these men are dangerous anarchists and their life has been one continuous fight against law and order and against the Government. It is claimed that punishment for short periods in the penitentiary has absolutely no effect upon them; that it would be extremely unwise to allow them to return to Mexico at this time because of the conditions there and further that even if deported they could easily return to the United States, and undoubtedly would do so. I do not feel justified in recommending the release of these men at this time. Respectfully, H.M. Daugherty. Attorney General. SgdWeinberger & Daugherty July 15, 1922. My dear Miss Blackwell: The attached speaks for itself. I was in Washington yesterday, and saw the Pardon attorney, and the Mexican Ambassador who will make a further personal representation to the Secretary of State, Hughes, informing him that Mexico specifically will take Magon and Rivera back into the country and pay their expenses and absolutely wants them and knows their record. I understand also that the Pan-American Federation of Labor will make a representation within the next few days. As harsh as things look, after my trip to Washington, I feel fairly hopeful for an early decision. Sincerely yours, Harry Weinberger P.S. I hope to be able to interest Senator Borah personally in this case.copy July 15, 1922. George B. Christian, Jr., Esq., Secretary to the President, White House, Washington, D.C. Dear Sir: May I call your attention to the case of Ricardo Flores Magon and Librado Rivera, two political prisoners in the United States Penitentiary at Leavenworth, Kansas, and suggest to you the desirability of your sending for the records in this case and then referring same to the President? Ricardo Flores Magon is slowly going blind on both eyes, and has been for more than a year, from cataracts as no operation can be performed until he is totally blind. The Mexican Government officials, as well as the Mexican Federation of Labor, and the Pan-American Federation of Labor at Washington, have asked for their release, and Mexico is willing to pay the expenses of taking them. A commutation of sentence based upon the condition that these men are not to return to the United States would absolutely prevent their returning, as otherwise, they would have to serve a balance of about seventeen years, besides violating the Immigration Law, and thereby be subject to an additional five years. They have already served more than three years of their sentence, the only crime being charged against them was the writing of an article in their Spanish paper "Regeneracion," and nowhere in the article nor in the history of these two defendants was it ever claimed that they were pro-German. I send you herewith copies of letters of and to the Attorney General dated July 10th and July 13th, which give the present status as well as it can be put. I know with the coal and railroad strikes, how pressed both the President and yourself are, but, I feel that this unusual case is one that should call for your attention, even though it is out of the usual procedure in these cases. Respectfully yours, Harry Weinberger HW/b enc.H. WeinbergerFree Speech Free Press Free Assemblage American Civil Liberties Union 138 West 13th Street, New York City Chelsea 340 241 AFFILIATED DISTRICT ORGANIZATIONS American Freedom Foundation, 166 W. Washington St., Chicago, Ill. Labor Defense League, 230 Russ Building, San Francisco, Cal. New England Civil Liberties Committee, 44 Edgehill Road, Brookline, Mass. Workers' Defense Union, 7 East 15th Street, New York City Workers' Defense Union of Baltimore, 435 South Broadway, Baltimore, Md. Texas Civil Rights League, 1202 1/2 Main Street, Fort Worth, Tex. Pittsburgh Civil Liberties Union, 2404 Fifth Avenue, Pittsburgh, Pa. (?)TIONAL COMMITTEE (?) AMS, (?) go, Ill. (?) S. BIGELOW, Cincinnati, O. SOPHONISBA P. BRECKINRIDGE, Chicago, Ill. ROBERT M. BUCK, Chicago, Ill. JOSEPH D. CANNON, New York City JOHN S. CODMAN, Boston, Mass. LINCOLN COLCORD, Washington, D.C. JAMES H. DILLARD, Charlottesville, Va. JAMES A. DUNCAN, Seattle, Wash. CRYSTAL EASTMAN, New York City JOHN LOVEJOY ELLIOTT, New York City EDMUND C. EVANS, Philadelphia, Pa. EDWARD W. EVANS, Philadelphia, Pa. WILLIAM M. FINCKE, Katouah, N.Y. JOHN A. FITCH, New York City ELIZABETH GURLEY FLYNN, New York City WILLIAM Z. FOSTER, Chicago, Ill. FELIX FRANKFURTER, Cambridge, Mass. ERNST FREUND, Chicago, Ill. PAUL J. FURNAS, New York City A.B. GILBERT, St. Paul, Minn. ARTHUR GARFIELD HATS, New York City MORRIS HILLQUIT, New York City JOHN HAYNES HOLMES, New York City FREDERIC C. HOWE, Washington, D.C. B.W. HUEBSCH, New York City JAMES WELDON JOHNSON, New York City HELEN KELLER, Forest Hills, L.I. AGNES BROWN LEACH, New York City ARTHUR LESUEUR, St. Paul, Minn. HENRY R. LINVILLE, New York City ROBERT MORSS LOVETT, Chicago, Ill. ALLEN MCCURDY, New York City GRENVILLE S. MACFARLAND, Boston, Mass. OSCAR MADDOUS, Manhassett, L.I. JUDAH L. MAGNES, New York City W.J.M.A. MALONEY, New York City JAMES H. MAUREN, Reading, Pa. JOHN D. MOORE, New York City A.J. MUSTE, New York City SCOTT NEARING, New York City JULIA S. O'CONNOR, Boston, Mass. WM. H. PICKENS, New York City JOHN NEVIN SAYRE, Katonah, N.Y. ROSE SCHNEIDERMAN New York City VIDA D. SCUDDER, Wellesley, Mass. SEYMOUR STEDMAN, Chicago, Ill. NORMAN M. THOMAS, New York City EDW. D. TITTMANN, Hillsboro, N.M. WM. S. U'REN, Portland, Ore. OSWALD GARRISON VILLARD, New York City B. CHARNEY VLADECK, New York City L. HOLLINGSWORTH WOOD, New York City GEORGE P. WEST, San Francisco, Cal. OFFICERS Chairman HARRY F. WARD, New York Vice-Chairman DUNCAN MCDONALD, Illinois JEANNETTE RANKIN, Montana Treasurer HELEN PHELPS STOKES, New York Directors ALBERT DESILVER ROGER N. BALDWIN Counsel WALTER NELLES Field Secretary LUCILLE B. MILNER Publicity Director LOUIS F. BUDENS. Washington Correspondent HENRY R. MUSSEY June 10, 1922. Mr. Harry Weinberger, 32 Union Square, New York. Dear Harry: Yours of June 8th comes to me here and I am taking it up with Mr. Votaw, the Superintendent of Prisons, by letter, in the hope that he will persuade the Warden to reverse his ruling. I do not think that Miss Blackwell's conclusion is necessarily correct, for pride in their own physician usually prevents prison officials from letting outsiders in. The boys just released from Leavenworth report no change in Magon's general condition. You can get details from Ted Fraser at 96 East 10th Street, who was released this last month. Yours sincerely, (signed) Roger Baldwin (?) is away till June 15. Please return HARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVENANT 45-42 June 6, 1922. Miss Alice Stone Blackwell, 3 Monadnock St., Boston 25, Mass. My dear Miss Blackwell: Your letter of the 5th inst. to hand and your action is more than approved. I wonder whether William Allen White, even though he is a democrat, would not begin writing to the President on behalf of Mr. Magon. I send you herewith copy of a letter from Mr. Daugherty, showing that the Mexican Ambassador, on behalf of Mexico, asked for his release. I am getting various States of Mexico to pass resolutions and send them on to the President. I have also gotten the Pan-American Federation of Labor on the job by having the Mexican Federation of Labor request them to intercede. I think if Lillian D. Wald would get after Henry W. Taft in the City with a story of Magon, it might also help. Now, that I think of it, I will write Mr. Henry W. Taft direct and call his attention to Magon's case. Have Lillian Wald as (?) Anything that you think of doing, you need not hesitate but go right ahead without consulting me. No one can hurt this case and anything might help. You probably noted the story in the Call last Sunday on the case, and I sent a copy to the President about his blindness. I have also sent letters to The New Republic, The Nation and The Freeman. Let me know whether you have heard anything more about his ill-health. If I could get a few friends in Washington, especially their good republicans, to call on the Attorney General personally, that also might help. I have not been in Washington for a considerable time, not having any business there, but I am beginning to think that perhaps I ought to make a special trip on this case shortly, unless we get results. I have also gotten after the Mexican Ambassador to make a personal call on Secretary of State Hughes and urge action strenuously. Yours very truly, Harry Weinberger HW/bHarry Weinbegercopy Department of Justice Office of the Superintendent of Prisons, Washington, D.C. MDB April 15, 1922. Mr. Harry Weinberger, 32 Union Square, New York, N.Y. Sir: In response to your letter requesting a report on the physical condition of Ricardo Flores Magon, an inmate of the U.S. Penitentiary, Leavenworth, Kansas, you are informed that a thorough physical examination shows that the man is in good health. A microscopical examination for Tubercle Bacillus was made, also an urinanalysis test, both of which proved negative. There is no sign of mental disorder, he is standing confinement well, and there is no probability of deleterious effects resulting from confinement during the remainder of his term. I trust this will furnish you the desired information. Yours very truly, (Sgd) Heber H. Votaw, Superintendent of Prisons. Dept of Justice about MagonHARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 March 20, 1922. Miss Alice Stone Blackwell, 3 Monadnock St., Boston, 25, Mass. My dear Miss Blackwell: I have been advised by the Warden of Leavenworth Penitentiary that he could not give me a copy of the doctor's laboratory report without an order from Washington. I took this up both with the Pardon Attorney, as well as the Superintendent of Prisons, in Washington last week and they said they had not received the copy of same but were writing for it and would mail me a copy as soon as received. Before the Congressional hearing in Washington, I drove upon the propostion of a trust magnate like Nobbe being released because he might get consumption and men like Magon and Zogg, both of whom have consumption, one in Leavenworth Jail and one in Atlanta, continue to remain in jail. I received word with reference to Mr. Magon's condition through another person who had gotten a letter. I was thinking that if the President does not act within the next week on amnesty, that I was going to get out a little leaflet or pamphlet and call it "The Kicker", and besides circularizing every Congressman and Senator, also send it to the press, giving some of the comparisons of political prisoners remaining in jail, though they have consumption and are going blind, or have other diseases, while trust magnates, real enemy Germans, burglars, bootleggers, etc. have been pardoned. I will perhaps take this up some day in the early part of next week with some of the Committee to see if they will stand the expense which ought not to be considerable. The Political Prisoner's Defense and Relief Committee of No. 857 Broadway, New York City, who are handling Mr. Magon's case, are at the present time, however, very short of funds. Yours very truly, Harry Weinberger HW:BHarry Weinberger HARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 November 24, 1922 Miss Alice Stone Blackwell 3 Monadnock Street Boston 25, Massachusetts My dear Miss Blackwell: Your letter of the 23rd to hand. I send you herewith the supplement which the Workers Defense Union republished from the New York Call, which is what you want. I presume you read the Call of November 22 and 23. If not, you had better let me know and I will get a copy for you, which gives a full story of Magon and a wonderful editorial by Mr. Charles Irvin on the subject. No case in recent times that enlisted my services so thoroughly as that of Ricardo Flores Magon and now when it seemed that the deportation proceedings were practically finished in his case, almost ready for the President's possible favorable action, the moving finger of Fate writes that Magon, the beautiful spirit, the idealist, is no more imprisoned physically and now belated Mexico asks for his body to give him a public funeral. Perhaps, at least, Magon's death may open the jail doors for others, but who can tell the stupidity and self-satisfaction entrenched in the hands of the mighty at Washington. Sincerely yours, Harry Weinberger HW:LSHarry Weinberger HARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 November 1, 1922 Miss Alice Stone Blackwell 3 Monadnock Street Boston 25, Massachusetts My dear Miss Blackwell: I send you herewith a copy of the report of Dr. Langworthy. It is as I expected and as you informed me, but of course it was too late. Dr. Langworthy sent me a bill as per the copy enclosed. Is you committee in Boston able to take care of this bill? If so, send me check payable to Dr. Langworthy. I am writing him this day, however, that I will not pay the same until I receive a copy of the order which he received to make the examination or he informs me who did give him the order. I hope to be able to write the article that I have been putting off on the Magon case either before election or certainly soon after election if something doesn't happen shortly. The picketing is going on in Washington pretty strenuously. According to the Call this morning, three of the I.W.W.'s have been released. The world sure do move slowly its stupidities to perform. I expect to be able to write a column in one of the magazines to be known as the "Kicker" in which I will emphasize the fact that a kick well placed is an aid to civilization or if I cannot satisfactorily make those arrangements I possibly will start a little paper of two pages with four sides where I will just kick all I feel like. I think it would not take more than $50 to $100 a month and even if one only gets a circulation of 1000 at least it will give one a medium to have personal opinions and where one can cuss out the world if one feels like it. There is too little personal journalism in America at the present time while a standardized thinking is too much regimented by Associated Press, et al. Sincerely yours, Harry Weinberger HW:LSHarry Weinbergercopy Embajada de Mexico el los Estados Unidos de America Washington, D.C., April 26, 1922. Mr. Harry Weinberger Counselor at Law, 32 Union Square, New York City. Dear Sir: Your letter of the 19th inst. had been received and in reply I am pleased to say that I am again addressing the State Department requesting its good offices near the proper authorities to the end that the remainder of the sentences that Messrs. Flores Magon and Librado Rivera are serving at Leavenworth Penitentiary may be condonned. Yours faithfully, (Sgd) Manuel C. Tillez.Mexican Embassy on MagonHARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 April 24, 1922. Miss Alice Stone Blackwell, 3 Monadnock St., Boston 25, Mass. My dear Miss Blackwell: The within letter and resolution speak for themselves. The Legislature of the State of Yucatan passed this resolution. I am putting the matter up to the President again. I do not know that anything particularly can be done right now and believe we should wait to see if anything happens after May 1st, and we will then proceed again. Yours very truly, Harry Weinberger HW/b enc.Magon Yucatan resolution (Translation) XXVII Legislature of the Free and Sovereign State of Yucatan. Honorable Congress - The Government Commission, to whom was passed for study and opinion the bill prepared by a number of Representatives of the XXVIII Legislature, the purpose of which is to secure the freedom of several Mexican citizens who are being held as prisoners in the jails of Kansas and Texas, makes known to your Honorable Body: That the motive of our fellow-workers was unquestionably prompted by sentiments of patriotism and social equality, sentiments which should be cherished by every Mexican; that the bill is based on the most genuine and altruistic sentiment of brotherhood, and that it synthesizes a movement of protest against incalculable injustices committed against our countrymen, against our compansions in ideals; in short, against men who only have committed the praiseworthy act of endeavoring to secure the betterment of those who have always endured the burden of all social tyranny, of all social injustices and of all social neglect; and lastly, as the bill, in our opinion, does nothing more than respond to the dentiments which reign in our social midst, we believe that it should be accepted with approval, and in conformity with the aforementioned bill, we propose the following draft of economic resolution: "FIRST. - The Hon. XXVII Constitutional Congress of the Free and Sovereign State of Yucatan appears thru the proper authority (the President of the United States of Mexico) before the President of the United States of North America, requesting pardon for Ricardo Flores Magon and Librado Rivera, political prisoners at present in the Leavenworth jail, State of Kansas, and makes a similar request, before the Governor of the State of Texas, United States of North America, to pardon Jesus M. Rangel, Pedro Parales, Abraham Cisneros, Jesus Gonzales, Leonardo Vasquez and Charles Cline, all Mexican citizens. "SECOND. - Let this resolution be communicated to the President of the Republic for his knowledge and action and to the Hon. Legislatures of the rest of the Federal States, inviting them to make a similar request for pardon in behalf of the aforementioned Mexican citizens. Hall of Commissions. Merida, Yuc., March 18, 1922. - V. Mena P. - Agustin Franco. - Dr. A. Castellanos. - This is a true copy of the original (Signature) Antonio Zumarraga First Official.copy April 24, 1922. Hon. Warren G. Harding, President of the United States, Washington, D.C. Dear Sir: I enclose certified copy of a resolution (and translation of same) passed by the Legislature of the Sovereign State of Yucantan, Mexico, on behalf of two United States prisoners, Ricardo Flores Magon and Librado Rivers, now imprisoned of the United States Penitentiary, Leavenworth, Kansas, and whose cases I have respectfully called to your attention previously. Both men are Mexicans and are willing to leave the country; both are in poor health and Mr. Magon is going blind on both eyes from cataracts; both have already served more than three years of their sentence for the mere expression of an opinion in their magazine called "Regeneracion", claimed to have been in violation of the Espionage Law, while no overt act or pro-Germanism of any kind was charged against them. The people of Mexico are particularly interested in these two men, the National Legislature of Mexico having passed a bill giving them two dollars a day while in jail as an expression of their interest. but the same has been refused by the prisoners. As a gesture of friendship by our government toward the people of Mexico, I believe a pardon or commutation of sentence of Mr. Magon and Mr. Rivera would be extremely timely. I would appreciate being informed as to your decision. Respectfully yours, Harry Weinberger HW/B enc. P.S. I quote from letter of Mr. Magon as to his physical condition, though the Department of Justice states that his condition is good: "I cough a great deal, and a pain in the inside at the level of the heart is always present. I was so sick last February that for two weeks I spit blood when coughing. My eyesight, on the other hand, is constantly growing dimmer as a result of the Hon. Warren G. Harding -2- April 24, 1922. cataracts I have in both eyes, and I can only read or write by means of a powerful reading glass. As though I had not already enough trouble, my kidneys ache and this makes me suspect that the diabetes I was suffering from when I was received in McNeil Island in 1918 to begin the term I am doing has not disappeared. Such is the state of my health, yet, the Department of Justice assures my friends that my physical condition is good, when in its files must be the report sent by the physician at McNeil Island in 1918, certifying that I was suffering from diabetes and rheumatism and the report sent by the physician of this institution (leavenworth) in 1920 telling that I had cataracts in both eyes, and anemia. The existence of the cataracts was confirmed by a private expert that my friends sent in to examine my eyes, early in 1921. Diabetes is considered as an incurable disease or at least, as one hard to be cured. Is it possible that this malady might have disappeared when I have not gotten the special diet recommended for its treatment? And as for the cataracts, are they not a breech in the health of him who suffers from them as good? Now, without being a physician, no one can say that a person who continually coughs, has a dull constant pain in his left side which may be a symptom of a decaying lung, and has expectorated blood for two weeks, may be in good health. Perhaps I am not already a consumptive, but if my conditions of life do not change and I do not move to a more congenial climate, tuberculosis will certainly be the outcome of these, for me, alarming symptoms. Of the laboratoryanalysis of the sputum the official voice is silent. Why? A sample of my sputum was asked of me last February. I gave it, and was told as there were no experts here to make its analysis, it was to be sent with that purpose to the laboratory at Topeka, Kansas, which must be that of the State Board of Health. So much in regards to my health, which is far from being as the Department of Justice cherishes to hold.Margor Yucatan ResolutionCopy Department of Justice Washington, D.C. 35-766-4012 Magon September 5, 1922. Harry Weinberger, Esq., 32 Union Square, New York, N.Y. Dear Sir: Referring further to the case of Ricardo Flores Magon, I have to state that the Department is now in receipt of a further report from the prison physician at Leavenworth in regard to the prisoner's condition and is informed that his general health is very good, that he is in no way failing physically, and is standing confinement well. The Department is further informed that there is no probability of his becoming permanently blind in the near future and that it will probably be some years before an operation for cataract will be necessary. From the foregoing it would appear that Magon's physical condition is not such as to warrant executive clemency solely on that ground. However, as I informed you personally, this case is now being considered by this office and will be prepared and presented to the Attorney General on its merits. I am, of course, unable to state what the recommendation of this office will be or what final action will be taken in the premises. Respectfully, JAMES A. FINCH, Pardon Attorney copy Sept. 6, 1922. James A. Finch, Esq., U.S. Pardon Attorney, Dept. of Justice, Washington, D.C. Dear Sir: In answer to your letter of September 5th, in re Ricardo Flores Magon and Librado Rivera, stating that Mr. Magon's general health is very good and that he is in no way failing physically and is standing confinement well, and there is no probability of his becoming permanently blind in the near future and it will be some years before an operation for cataracts will be necessary, and that his physical condition is not such as to warrant executive clemency solely on that ground and that the case will be presented on its merits to the Attorney General, I wish to state: That prison physicians are always unusually optimistic in their reports re the physical condition of their prisoners. I do not desire to enter into the discussion just at this time as to Mr. Magon's eyesight, knowing that the usual belief is where cataracts cause total blindness, operations would restore eyesight so that it does not become permanent, but I take it from your letter that there is no denial that he is slowly becoming blind from the cataracts, which your previous medical reports and letters from the Attorney General also show, nor will I go into the probabilities as to a successful operation on the cataracts at Mr. Magon's age and this health just now. On the facts in this case and the grounds upon which Mr. Magon has been sentenced, being merely the expression by words as to his opinion about future events, the fact that he has already served more than three years in jail, the fact that the Mexican Federation of Labor, as well as the Mexican Government and various States of Mexico have asked for his release, and his willingness to leave the country, can leave no doubt that your Department and the Attorney General should recommend to the President immediate commutation of his sentence, as well as that of his co-defendant, Librado Rivera. I hope this will be done at a very early date and you will advise me as soon as the matter is sent to the Attorney General for action and by him to the President. Respectfully yours, Harry Weinberger HW/b Harry Weinbergercopy June 8, 1922. Mr. Roger Baldwin, American Civil Liberties Union, 138 West 13th St., New York City. My dear Roger: As requested by Alice Stone Blackwell, I send you the enclosed letter. Could your doctor go in there as a friend to see Mr. Magon or perhaps you can get some more definite permission? Yours very truly, Harry Weinberger My dear Miss Blackwell: I sent copy of your letter and the above to Mr. Baldwin. Yours very truly, H.W. HW/b enc.H. WeinbergerHARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 Feb. 1, 1922. Miss Alice Stone Blackwell, Dorchester, Mass. My dear Miss Blackwell: I received a letter in which Mr. Magon asked that I communicate with you in reference to the facts in his case, as you are interested in same. I had nothing to do with the trial of Mr. Magon's case, he having been convicted in the West and the case completed before I was appealed to, first, to have him transferred to another jail, and second, to present his case to Washington. Mr. Magon was indicted in California for conspiracy to violate the Espionage Act, in that he circulated seditious matter in a paper called "Regeneracion" with Librado Rivera, in which he forecasted certain things that would happen. I send you herewith an article entitled "Repentance and Amnesty", which sort of gives all the facts in reference to Mr. Magon. I have been pushing his case in Washington for his release, stating that inasmuch as he is going blind from the cataracts and is willing to leave the country, I see no reason why he should not be freed. It seems, however, that the government is really afraid of his getting into Mexico and making trouble. That is the reason they give for refusing him release. I believe that letters from you and other influential people may also help. I do not know that an attorney can do very much more than keep pressing it, as I have been doing. Of course, the little committee that takes charge of this case has little money, so that I usually make my representations to Washington by mail, and make personal representations when I am in Washington on some other cases. Any further information that you may desire, HARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 Miss A.S.B. -2- 2/1/22. I shall be glad to send you and I would be glad to be kept advised on anything you do. Last month, while on some cases of Mexicans in the jail of Texas, I took up with some of the leaders in Mexico City the questions of their making application to the President for Magon's release. I hesitated about asking President Obregon because I thought he might refuse because of the ticklish relationship between the United States and Mexico at this time, but he did ask that the Governor of Texas in my Texan case to release the five Mexicans and one American. I am in hopes of getting a resolution from the Mexican Federation of Labor very shortly, as well as other leaders there, and a copy of the resolutions voting Mr. Magon money while in jail, which he refused because of it not being made by the people but by the House of Deputies. I shall also submit that to the Attorney General. I presume you know that Emma Goldman and Berkman are now in Sweden. I received a letter recently and so has Stella Ballantine. From the present outlook they will both remain in Sweden for a considerable time. I am, Sincerely yours, Harry Weinberger HW/B enc.Henry Weinberger Harry Weinberger Counsellor at Law 32 Union Square New York Phone, Stuyvesant 4542 9419 April 7, 1922. Miss Alice Stone Blackwell, 3 Monadnock St., Boston 25, Mass. My dear Miss Blackwell: I send you herewith a copy of my letter of demand, their reply, and my "rebuttal" re Magon. I have also written to the two laboratories in Topeka, Kansas, asking for the analysis and I hope that I will get it soon. I think a beginning of a letter campaign as you suggest you have already started is a very fine way of waking them up in Washington. I had had hopes that by this time I would have letters and resolutions from Mexico asking for his release. The Mexicans seem to be a "manana" race, meaning "tomorrow", and the wheels do go so slowly. I think we might wait just a little longer before we attempt to get a doctor to go in and see Mr. Magon, not only because of the expense but because it may be unnecessary. I am also writing this day to the Mexican Charge d'Affaires and asking him what he is doing about Magon. Yours very truly, Harry Weinberger HW/b enc.copy April 3, 1922. Hon. Harry M. Daugherty, U.S. Attorney General, Dept. of Justice, Washington, D.C. Dear Sir: As attorney for Mr. Ricardo Flores Magon, now in the United States Penitentiary, Leavenworth, Kansas, I have repeatedly written for the chemical analysis of his sputum, but up to the present time I have not received the same, receiving only one letter of the Assistant Pardon Attorney, giving me only generalities that Mr. Magon is in good health. I desire this specific information re his sputum so that we can determine whether or not this man has developed consumption while in jail. I am sure that both on his own behalf and that of his family, we are entitled to this information, and hope that you will let me have same at once or advise me that I cannot have the same, so that I can guide myself accordingly. Yours very truly, Harry Weinberger, HW/b copy Department of Justice 35-766-Magon. Washington, D.C. March 23, 1922. Mr. Harry Weinberger, Attorney at Law, 32 Union Square, N.Y. City. Sir: Referring to your personal call at this office March 17, 1922, asking that the prison physicians at the Leavenworth Penitentiary make a physical examination and report on the physical condition of Ricardo Flores Magon. I have to state that in the report received from the said physician, under date of March 20, 1922, it is stated that a complete examination of prisoner Magon shows that he is in good health, no sign of mental disorder; that he is standing confinement well; that there is nothing critical or dangerous in his condition, and that there is no probability of deleterous effect resulting from confinement during the remainder of his term. Respectfully, (Sgd) Robert H. Turner, Acting Pardon Atty. HARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 4542 March 28, 1922. Miss Alice Stone Blackwell 3 Monadnock St., Boston 25, Mass. My dear Miss Blackwell: I send herewith a copy of letter this day sent to Mr. Magon. The $5. check you sent me re amnesty I am turning over to the Political Prisoners Relief and Defense Committee, which has been fighting the Magon case, and which sends three to five dollars to each and every political prisoner every month. I do not mean to start a regular magazine just for amnesty. If I get anything out it will be a sort of leaflet for distribution purposes. If you want to write letters re the Magon case, I would suggest the Christian Science Monitor, and some of the Boston papers or the New York papers - the Morning World and the Globe, and the Washington papers - Washington Times and Post. In reference to my sharp letter, the situation in reference to all the prisoners is such that they cannot be anything worse, and I found in practically all the cases where government officials do not give you what you want, a sharp letter is a way to get it, because as the devil fears holy water, a public official fears a sharp letter on file, and it is only hammering them, pecking at them, and batting at them, which finally awakens their delightful slumber. That is the way that I got out the four Russians, Jacob Abrams, Hyman Lachowsky, Samuel Lipman and Mollie Steimer, also Charles Ashleigh and Giovanni Baldazzi. I have not worked out anything for my next move re amnesty but will do so this week and try to devise some way of bringing it to public attention. The Civil Liberties Bureau are also getting out a statement based on my material in reference to Magon and Rivera, besides which I expect within the next day or two to receive from Mexico resolutions passed by the Congress of Yucatan, Mexico, asking for Magon's and Rivera's release. Sincerely yours, Harry Weinberger HW/b enc.copy March 28, 1922. Mr. R.F. Magon, P.O. Box 7, Leavenworth, Kansas. My dear Mr. Magon: Your letter of March 11th to your wife has this day been received by me from your daughter, Lucille Herman. By this (?) you probably have received copy of my letter in which I have specifically asked for the doctor's report from the Department of Justice, and I will keep after them until I obtain the same. I think perhaps now that the treaty is out of the way, and if the bonus is also disposed of, there may be some notion on amnesty. I am sending copy of this letter to your daughter. Sincerely yours, Harry Weinberger HW/b P.S. In reference to the Congressional Committee hearing, which was just a hearing before the Congressional Committee, the Committee will decide later whether it will report to Congress that it ask the President that all political prisoners be released.H. WeinbergerHARRY WEINBERGER COUNSELOR AT LAW 32 UNION SQUARE, NEW YORK TELEPHONE STUYVESANT 48-42 November 21, 1922 Miss Alice Stone Blackwell 3 Monadnock Street Boston 25, Massachusetts My dear Miss Blackwell: I have this day received the following telegram: "Ricardo Flores Magon died suddenly at five o'clock this morning of heart disease." Our near successes come too late. Sincerely yours, Harry Weinberger HW:LSH. Weinberger announcing Magon's deathcopy April 13, 1922. Mr. James A. Finch, Pardon Attorney, Dept. of Justice, Washington, D.C. Re: 35-766-Magon. Dear Sir: In answer to your letter of April 11th, may I not state that it should be apparent to you that if "there is no evidence whatsoever of failing health", that the doctor would not of his own volition have had a microscopical examination for Tubercle Bacillus and Urinanalysis made, so that, as a matter of fact there must be something, and I state that there is, the matter with Mr. Magon's health, in addition to the fact that he is surely going blind on both eyes. The fact is that the coming blindness is one which your Department has never denied, and I see no reason why this negative statement now leads you to state "No further action looking towards executive clemency in behalf of Magon is contemplated at this time." If Mr. Magon were not unknown and almost friendless, if he were a man of material wealth instead of mental wealth, and if he were a man of social position instead of being interested in social questions, there can be no doubt in my mind that his forthcoming blindness would not be brushed aside with the statement "no further action looking towards executive clemency in behalfof Magon is contemplated at this time." I am sending a copy of this letter to the Attorney General, making for his personal decision. Respectfully yours, HARRY WEINBERGER copy 35-766-Magon RWP-AVT Department of Justice, Washington, D.C. April 11, 1922. Mr. Harry Weinberger, Attorney at Law, 32 Union Square, New York, N.Y. Sir: Further replying to your letters of March 24th and April 3, 1922, I have to state that in a supplemental report made by the acting physician of the United States Penitentiary, Leavenworth, Kansas, regarding the physical condition of Ricardo Flores Magon, it is stated as follows: "I invite your attention to the previous report of March 20, 1922, at which time microscopical examination for Tubercle Bacillus was made on his sputum also an urinanalysis test both of which proved Negative. Today's physical examination verifies that previous report, and as there is no material change, the report is a true statement of his condition at the present time, and there is no evidence whatsoever of failing health." In view of this report no further action looking toward executive clemency in behalf of Magon is contemplated at this time. Respectfully, (Sgd) James A. Finch, Pardon Attorney.Weinberger Re Magon