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APPENDIX XXIV

THE POLLAKOVIC CASE

The following is a careful translation from the original indict­ment brought against Francis Pollakovič, the young American Slovak, who was sentenced to seven months' imprisonment for "incitement against the Magyar nationality" in December, 1907. This document will give my readers some idea of the manner in which "incitement" is interpreted in the Hungarian Courts : —

Enclosing here below the papers of the inquiry brought against Francis Pollakovic and companion for the offence of " incitement against a nationality," I beg to bring forward the following indictment : —

I accuse of the offence of incitement as laid down in Alinea 2 of § 172 of Criminal Code

1.  Francis Pollakovič, aged twenty-four, Roman Catholic, native of Szlanicz, resident in Szlanicz, who was from October 9, 1907, in pro­visional arrest and since October 13, 1907, in imprisonment pending trial, and further

2.  Andrew Matkovcsik, junior, aged nineteen, R. C., native of Szlanicz, resident in Szlanicz, draper's assistant, being still at liberty, as being companions in the deed, according to § 70 of Criminal Code :

In that they did on October 6, 1907, in Bobró, in presence of a com­pany of fifteen to twenty persons, sing both alone and together the first stanza of the song "Piesen slovenskej chudoby," that as a result of their joint decision A. Matkovcsik did distribute printed copies of this song among the members of the assembly, and that F. Pollakovič did make a speech to the assembly in which he summoned those belonging to the Slovak nationality to hold together as Slovaks, not to give up their Slovak mother tongue, to battle for their Slovak mother tongue and their rights ; through which they did incite the Slovak nationality to hatred against the Magyars.

I prescribe the Royal District Court of Rózsahegy as competent for the chief hearing of the case.

I enclose in three copies the Accusation and the list of witnesses to be heard.

I propose that the preliminary arrest ordered against F. Pollakovič be maintained until the trial.

Reasons :

According to the result of the inquiry, F. Pollakovič was one of the members of the so-called "Sokol" Union, who as former Hungarian citizens emigrated to America, acquired the right of American citizenship, and came, on July 4 of this year, to Turócz St. Márton in order to greet the Slovak nationalist agitators.

After this had taken place, F. P. went to his native village Szlanicz. There after his mother's death he sold all her moveable and immove-able property and incited the Slovak population against the Magyars.

Maurice Ródosi and Meinhardt Kovalcsik, natives of Szlanicz, wit­nesses, gave evidence that F. P. used every occasion to awake in the Slovak inhabitants of his home hatred against the Magyars.

Since his appearance in the village unrest and dissatisfaction gained ground. In spite of his foreign citizenship,* he meddled in the elections of members of the county Committee, proclaiming loudly in the inn that one must only vote for a man who holds by the Slovak nationalists, but not some renegáté or traitor who betrays the Slovak nationality, that the Slovaks must hold together, because if they hold together they can win their rights.

Vendelin Zimányi, witness, also gave evidence that F. P. in the inn of Szlanicz in the presence of several people loudly proclaimed that the Slovaks want peace, but if the Magyars do not give them Slovak schools, there can be no peace.

According to the evidence of witnesses F. P. was in company with F. Matkovcsik when he made these statements.

But it was not only in Szlanicz that he carried on his work of under­mining, whose aim was the kindling of hatred against the Magyars ; he also visited other communes in company with A. Matkovcsik.

On October 6, of this year, F. Pollakovič and A. Matkovcsik appeared in Bobró, where they took part in a skittles party arranged by about twenty young men.

On this occasion F. P. drew from his pocket a song called "Piesen slovenskej chudoby," bade his companion A. M. distribute it among those present, and soon both began to sing the song.

According to the result of the inquiry, it was possible to establish that they sang the first stanza of the said song, or a great part of it. The translation of this runs as follows : "The tyrants torture our nation with unabashed and destroying injustice. Her loyal sons groan in fetters, and our glorious nation is trodden into the dust, our mother tongue, our manners, our poor are robbed of their rights, and driven into the wide world ; they enchain and crucify the liberty which God gave us. Kindle thy wrath, O people ! Be quick to struggle with injustice! Up, ye loyal youths! Wage deadly war on this injustice!"

At the close of this F. P. delivered an appeal to those assembled, in which he urged them to celebrate October 10 as workmen. Soon, how­ever, he went on to appeal to them as Slovaks, to hold together and struggle for their Slovak rights and Slovak mother tongue.

This appeal then stands in close connection with the contents of the song, whose text I have given above and which the accused sang with the object of inciting those assembled against the Magyars.

This song, however, by its title tells the poor Slovaks, why when mentioning tyrants it means the Magyar, who according to the contents of the song torments the Slovaks, puts them in chains, robs them of their language and rights, in a word it represents the position of the Slovak inhabitants in this country as such that on hearing these things the common people, infected by the doctrines proclaimed by Slovak agitators, falls into involuntary hatred against the Magyars.

If, however, to the contents of the song is added that, appeal which F. P. addressed in his speech to those assembled, and in which he summoned the Slovak inhabitants not to give up asserting those rights of which the tyrannous Magyars wish to rob them, but to struggle for their rights and language ; it is clear that F. P.'s intention was to incite the Slovak inhabitants to hatred against the Magyars, and that the sing­ing of this song and F. P.'s speech were calculated to incite the inhabit­ants of Slovak nationality against the Magyars.

Since, however, the deliberate nature of the acts with which F. P. and A. M. are charged can be established, and their joint activity in the offence committed can also be proved, there exists in their case the offence of joint guilt, as laid down in § 70 of the Criminal Code.

The facts sketched above can be proved by the evidence of the wit­nesses John Jassák, Joseph Dědinsky, Charles Jassák, Joseph Monyak, Béla Tempek, Antony Odrobinyak and Joseph Jagelcsak, natives of Bobró, which facts regarding the contents of the song and speech already mentioned, are calculated to prove the offence of incitement, which infringe point 2 of § 172 of the Criminal Code.

Imprisonment pending trial is to be upheld against F. Pollakovič, ac­cording to points 2 and 4 of § 141 of the Criminal Code ; because the reasons of the order based on the paragraph already quoted, subsist in this case also.

belopotoczky,

Royal Advocate.

rósahegy,

November 15, 1907.