Biography
J. A. Casdorf, an IWW member from Sacramento, received a five-year prison sentence, which he served in San Quentin from May 6, 1922, to December 5, 1923. Along with codefendant Earl Firey, Casdorf was charged with the crime of being a member of the IWW, an organization that illegally advocated "criminal syndicalism." After the defendants' first two witnesses (P. Beasley and Charles B. La Rue) testified, the witnesses were promptly arrested under the California criminal syndicalism law. Thereafter the prosecuting state attorney declared in the presence of other potential witnesses that "all witnesses who would thereafter take the stand in this case and admit they were paid up members of the IWW in good standing, would be arrested." The defense pleaded that such statements by the prosecution were prejudicial, that "other witnesses" were "intimidated and terrorized so as to render them less efficient as witnesses" and that other prospective witnesses were "scared away." The trial judge overruled these objections, and eventually eight other IWW members who took the stand were arrested. On appeal, the California District Court of Appeals affirmed Casdorf s conviction. The court held that the "propriety" of the district attorney's action was "debatable, " but that he "acted in good faith" merely to "warn" witnesses of the "consequence[s]" of their testimony. The court held that there was "no prejudice to the substantial rights of the defendants." After the Casdorf conviction, the ten witnesses who took the stand on his behalf were all tried and convicted under the criminal syndicalism law. These convictions were also upheld in People v. LaRue, 216 P. 627 (Cal. App. 1923).
