Appeal from the Municipal Court of Chicago; the Hon. DANIEL J.
RYAN, Judge, presiding. Affirmed.
MR. JUSTICE KLUCZYNSKI DELIVERED THE OPINION OF THE COURT.
Rehearing denied April 6, 1964.
The defendants, Malcolm Lambert, Wayne Mueller and Clifford Uthene were found guilty in a non-jury trial on charges of having, on March 22, 1962, violated Chap 193, Sec 1-1 of the Municipal Code of the City of Chicago; Chap 38, Sec 26-1 and Chap 38, Sec 27-1 of the Illinois Revised Statutes 1961. This is a consolidated appeal from the judgments.
The record discloses that on the evening of March 22, 1962 the defendants, together with Arthur Brill, James Sipta, Matt Koehl, Dennis Svedman and Don Mueller (a twin brother of Wayne Mueller), drove by automobile from the headquarters of the American Nazi Party at 2124 N. Damen Avenue, Chicago to the State & Lake Theatre in Chicago's loop. Brill and Sipta were 16 years of age. It was the last day showing of a movie entitled "Sergeants Three" in which Sammy Davis, Jr., had a principal part. It was a Thursday evening and the loop stores were open.
They arrived at the destination about 6 p.m. Wayne Mueller, Uthene, Brill and Sipta took signs, a banner and about 100 handbills or leaflets from the car and proceeded to march in front of the theatre. They all were similarly dressed viz: a white shirt, black trousers, black tie, black shoes, gloves and felt arm bands with an insignia called "odinsrune," the symbol of free enterprise. The signs and banner were carried before the theatre by them and the evidence indicates that these were interchanged during the procession. Uthene and Brill, on occasion, carried the leaflets. There were three signs with markings as follows:
Sign No. 1: Odinsrune symbol "White Youth Corps" "Fight Race-Mixing Don't See Sergeants 3"
On the other side: "Negroes Support Black Muslims"
Sign No. 2: Odinsrune symbol "White Youth Corps" Words: "Sammy Davis" Picture of Sammy Davis Star of David-"Nior"
On the other side: "How to Be a Jew, Lesson No. 1 By Sammy the Kosher-Coon"
Sign No. 3: Odinsrune symbol "White Youth Corps" "Sammy Davis Jewnior is a Race-Mixer"
On the other side: "White Youth Corps" 4657 Chicago 80 Ill."
The banner displayed the large symbol designating "odinsrune" and the words "Youth Awake." The leaflets mentioned had printed matter on both sides, as follows:
Lambert, together with Don Mueller and Svedman did not join in the marching but walked into the crowd and observed. At the time the marching began there were few people about but as the procession progressed more gathered until the number reached between 200 to 300 people. The leaflets were held so that the face of one of the sides was visible to those observing and were passed out to persons reaching for them. After some 15 or 20 minutes the marchers and Lambert were placed under arrest and complaints were filed against them. Brill and Sipta were processed through the Family Court and we need not concern ourselves with them here.
Appellants contend that the evidence was not sufficient to ...