#section 98

To Our 8 Foremost Leaders and Comrades: The Eight in Kingston --Tim Buck, Ton Ewen, Malcom Bruce, Sam Cr, Tom Hill, Matt Popowtich, John Boychuk, Tom Cacic. We greet you on the eve of May Day 1933, from the midst of great struggles of labor, on the eve of great battles of the working class and toilers of Canada. We are striving to hold high the banner of labor, striving to advance the aims and cause of labor for which you all wo valiantly fought, and for which you were out into jail. We pledge to carry on our struggle, fighting at the same time to spend the day when you'll be back in our ranks to lead and carry on our great struggles for working class emancipation. May day Greetings comrades, our best leader Women's Labor League of Timmins.

“TO SEND "JURY" TO TIM BUCK'S TRIAL IN JUNE,” Kingston Whig-Standard. March 27, 1933. Page 11. ---- Toronto Organization Demands Release of Convicted Communist ---- TORONTO, March 27 - Meeting for the declared intention of securing the release of Tim Buck from Kingston Penitentiary, and the seven men sentenced with him under Section 98 of the Criminal Code, a hundred men and women gathered in Don Hall Sunday morning. 

Because police had interfered with attempts to rent halls in the city, the organization, which calls itself the "Toronto Mass Labor Conference to Stop the Frame-Up on Tim Buck," met just outside the jurisdiction of the city police, in Don Hall on Broadway Avenue north of Danforth. An active campaign is being planned, to be pushed between now and June when Buck is due to come up for trial in Kingston on charges arising out of the penitentiary riots last October. 

The organization plans to send a "workers' jury" of 12 men to Kingston for Tim Buck's trial, "to see what goes on." It is planned to organize "conferences" throughout Ontario in the larger centres. A delegation is to be sent to Ottawa to place the organization's demands before Hon. Hugh Guthrie, Minister of Justice. The organization is planning to circulate petitions and promote a large mass meeting. A campaign for funds includes the printing and selling at five cents each of stamps, each. bearing a picture of Tim Buck. 

Beckie Buhay, organization secretary of the Canadian Labor Defence League, spoke at length in connection: with the campaign. The chairman was T. J. Simons, secretary of the Toronto Labor party and also secretary of the organization working to free Tim Buck. 

“‘Red Bible’ Is Produced In Court,” St. John Telegraph-Journal. January 9, 1933. Page 9. ---- Chapters Call for World Revolution, Bloodshed and Strikes --- EDMONTON, Jan. 8. - (C.P.) - A ‘Red Bible,’ its chapters calling for world revolution and bloodshed, strikes and armed demonstration by Communists against the ‘state-power of the bourgeois’ was entered as evidence in the preliminary trial of 23 alleged ‘hunger marchers’ here.

The ‘Book of Revolution’ was produced by Constable Albert H. Keeler, of the Royal Canadian Mounted Police, who in 1930 became a member of the Edmonton Communist Party. He obtained possession of the “Red Bible,’ Communistic literature and many secrets of the organization, he said. For months, Keeler gathered literature and many secrets of the organization, attended meetings regularly, and had every opportunity to investigate the campaign plans of the Communist Party, as directed from Moscow.

Marches Planned VICTORIA, Jan. 8. (C.P.) - ‘Hunger marches’ on Ottawa and every provincial capital, backed by ‘demands’ for non-contributory unemployment insurance, are planned by Communist organizations in Canada as part of a nation-wide demonstration timed for Jan. 17, according to advices receive by British Columbia Government authorities here.

"Calgary Dramatic Youth Club Stages Joe Derry Play," The Young Worker (Young Communist League of Canada). April 30, 1934. Page 2. ---- Coalhurst, Alta. - A successful play and concert were put on by the Calgary Youth Section Dramatic Club. Joe Derry was portrayed as a real youth leader among the working class of Canada and really showing Bennet and Woodswort on the stand and showing to the workers in Coalhurst their real role in the class struggle.

At the conclusion of the play, Yore Daniels of Calgary, gave a short speech on Derry's life, concluding his speech by having a resolution demanding the unconditional release of Joe Derry and repeal of Section 98 endorsed by having everybody in the hall standing up.

After the play, a concert was held having Ukrainian folk-songs and English songs, the programme being concluded with the singing of the "Red Flag".

"Demand for Tim Buck as a Witness, Forces Judge to Postpone Joe Derry's Trial Till March," The Young Worker. December 18, 1933. Page 1. --- Toronto, Dec. 13. - The trial of Joe Derry will be postponed until March, in order that Tim Buck, Secretary of the Communist Party may be brought from Kingston Penitentiary as a defense witness, Judge O'Connell ruled today.

"SMITH'S BAIL $10,000 TRIAL OPENS FEB. 19," Toronto Star. February 2, 1934. Page 1. ---- Defence Protests Short Time Allowed Blind Man One of Bondsmen ---- Rev. A. E. Smith appeared before Mr. Justice Kingstone in assize court this morning and pleaded not guilty to the charge of using seditious language.

His counsel, Onie Brown, offered this plea on behalf of his client, but his lordship refused to accept the plea until he heard it from accused himself.

An adjournment for two months to enable him, to prepare his case was sought by Mr. Brown, but after emphatic objection by Peter White, K.C., on behalf of the crown, his lordship allowed two weeks, naming Monday, February 19, as the trial date.

Bail was set at $10,000, $5,000 of which was provided by the accused and $5,000 by John A. Murray, blind piano tuner, and Anthony Markus.

Mr. Brown told the court two weeks would not be sufficient to prepare his client's defence properly. He wished to get into touch with persons who were at the meeting in Hygeia Hall on the occasion, when the alleged sedition was spoken.

"If you can show good reason on Feb. 19, why you have not been able to get your defence ready, I have no doubt the presiding judge may grant a further stay," his lordship commented.

Mr. White: "I wish my learned friend to take fair warning now that I intend to proceed with this case on the date set."

"How do you plead?" His lordship asked Smith. "Not guilty, my lord," replied defence counsel.

"A. E. SMITH GETS BAIL SPEECHES ARE BARRED," Toronto Star. February 20, 1934. Page 34. --- Will Be Re-arrested If He Discusses the Case, Judge Warns-Amount $9,000 ---- Rev. A. E. Smith was yesterday granted $9,000 bail pending his trial next Monday on the charge of uttering seditious words on condition that he would not repeat in the meantime any statements similar to that on which the charge is based.

"I will accept that undertaking," the accused man said. He had been in custody for three hours following discussion earlier as to adjournment.

Mr. Justice Kelly directed $10,000 bail but when that amount could not be raised he consented to the $9,000. The bond included the two previous bondsmen, John A. Murray, a blind man, and Anthony Marcus, and three new ones, Jack Cowan, and Mr. and Mrs. Letva.

In granting bail, Mr. Justice Kelly stipulated Mr. Smith must not attend public meetings between now and next Monday or discuss matters relevant to the charge, either in writing or orally.

"If in the meantime," said his lordship, "the accused commits a breach of this undertaking, bail will be forfeited and the accused subject to re- arrest and confinement until his trial."