magazine used language calculated to incite, and if it is done for the purpose of inciting the people to oppose the authority of the United States by force, then that makes out that conspiracy.
8. The District Court erroneously refused to admit evidence offered by the defendants concerning the program of the Nationalist Party.
As to the assignment of errors relating to the selection of the jury, there is only one act of Congress relating to the drawing of jurors in the federal courts which requires that the persons who are summoned as jurors must be drawn publicly from a box containing at least 300 names. Other than this, unless a federal court shall, by order, adopt the state practice, the method of selection is within the control of thein the manner provided by law, the names of 15 additional jurors. On venires issued to the marshal, he made a return on July 27 that he had summoned 15 of the jurors thus selected; a second return on the same day that he had summoned 16 more jurors; a third return on the same day that he had summoned 4 more, or a total of 35; and a further return on July 27 that he had summoned 11 additional jurors. Thus it appears from the record that a total of 46 jurors were summoned from which to select a jury for a second trial of the defendants.
When the persons thus summoned were called on the day of the trial, only 32 appeared and qualified, the remainder either