Skip to content

Merrill Rogers

Released
Gender:Male
Race:White
Era:1910s
State:New York
Support
Socialism Anti-War
Merrill Rogers

Biography

Business manager of The Masses. Indicted in November 1917 along with editor Max Eastman, John Reed, and the staff of The Masses — the radical New York socialist literary magazine — under the Espionage Act of 1917 for conspiracy to obstruct military recruitment. The Post Office had already revoked the magazine's second-class mailing privileges, effectively shutting it down. The first trial (April 1918) and second trial (October 1918) both ended in hung juries; the government declined a third prosecution and the charges were dismissed. The Masses re-emerged as The Liberator under Eastman's editorship. Famously, during the trial Rogers would stand up and lead the courtroom in the national anthem whenever the band on the street outside struck up — repeatedly halting proceedings and infuriating Judge Augustus Hand.

Case

Charges: Espionage Act of 1917 — conspiracy to obstruct military recruitment (The Masses indictment).
Arrested: Nov 19, 1917
Sentenced: Oct 5, 1918
Sentence: Two hung juries; charges dismissed. Verdict as recorded: No — two hung juries (April 1918, October 1918); charges dismissed.
Convicted: No — charges dismissed