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Jacob Frohwerk

Released
Date of death:19. 11. 1949
Gender:Male
Race:White
Era:1910s
Inmate Number:#14036
State:Kansas
Time Imprisoned:
7 Months 10 Days
Support
Anti-War Press Freedom
Jacob Frohwerk

Biography

Jacob Frohwerk was a Kansas City newspaperman prosecuted under the Espionage Act of 1917 for a series of articles in the German-language Missouri Staats-Zeitung criticizing American involvement in the First World War. He was arrested with the paper’s publisher, Carl Gleeser, on January 26, 1918, indicted on April 23, convicted on June 28 and sentenced the next day to ten years and a $500 fine. He remained free on a $7,500 appeal bond while his case went to the Supreme Court, which affirmed the conviction unanimously on March 10, 1919 in Frohwerk v. United States, 249 U.S. 204 — Justice Oliver Wendell Holmes writing, one of the trio of Espionage Act decisions handed down with Schenck and Debs that spring — rejecting his First Amendment defense. He entered the federal penitentiary at Leavenworth on May 31, 1919 as prisoner 14036, assigned to cell B-175, having arranged an extra day of liberty to visit his daughter’s grave before surrendering. Nineteen days later, on June 19, 1919, President Woodrow Wilson commuted the ten-year term to one year and one day. Parole-eligible from September 29, he was approved by the parole board on January 6, 1920 and released on January 10 — paperwork having pushed him a day past the expected January 9 — after exactly thirty-two weeks inside. Born about 1864–65 in Germany (no reliable exact birth date has been located), he died at his Kansas City, Kansas home on November 19, 1949, aged about 84.

Case

United States Penitentiary, Leavenworth
Charges: Espionage Act of 1917 — thirteen counts.
Arrested: Jan 26, 1918
Sentenced: Jun 29, 1918
Incarcerated: May 31, 1919
Released: Jan 10, 1920
Sentence: Ten years, a $500 fine and court costs, imposed June 29, 1918. He stayed free on a $7,500 appeal bond until the Supreme Court affirmed, entering Leavenworth on May 31, 1919 as prisoner 14036, cell B-175. President Wilson commuted the term to one year and one day on June 19, 1919; parole was approved January 6, 1920 and he walked out on January 10, 1920 — thirty-two weeks, and the sentencing date of June 29, 1918 that some secondary accounts give as the start of imprisonment is the confusion this record corrects. Verdict as recorded: Yes — June 28, 1918 (the day is reconstructed from the contemporary June 29 report). Affirmed unanimously by the Supreme Court on March 10, 1919, Holmes writing. Charges as recorded: Espionage Act of 1917 — thirteen counts over articles in the German-language Missouri Staats-Zeitung criticizing American involvement in the First World War and the draft. Frohwerk v. United States, 249 U.S. 204 (1919).
Indicted: April 23, 1918
Convicted: Yes
Institution State: Kansas