Harry Winitsky
Encyclopedia
Harry Mordecai Winitsky (1898 - 1939) was an American left wing political activist who was a founding member of the Communist Party of America. Winitsky is best remembered as one of the chief defendants of the New York "Criminal Anarchism" prosecutions that were part of the First Red Scare
of 1919-1920. Winitsky served two years in prison of a 5 to 10 year sentence beginning in March 1920. Released on bail
in 1922, Winitsky was ultimately pardoned by New York
Governor
Al Smith
in January 1924. Winitsky left the Communist Party USA in 1929.
, the son of an ethnic Jewish painter who had emigrated to the United States from Tsarist Russia
.
As a boy, Winitsky attended public schools in New York City. Upon graduation, he stayed in New York to enroll at Columbia University
, which he attended in 1917.
, the Young Peoples Socialist League in 1913 and went on to participate in the adult party itself through 1919. In 1919, Winitsky became active in the Left Wing Section of the Socialist Party
, becoming a founding member of the Communist Party of America (CPA) in August 1919.
In 1918, Winitsky was twice jailed for participating in strike activities, serving a sentence of 10 days in West New York, New Jersey
and an additional 30 day stint in Perth Amboy, New Jersey
.
organization. Paid stenographers were assigned to transcribe Winitsky's public utterances, with a view to generating evidence for an eventual prosecution.
Although not themselves anarchists
, Winitsky was one of five prominent members of the American Communist movement charged under the New York Criminal Anarchy Law of 1902, a piece of legislation hurriedly passed in the wake of the assassination of President William McKinley
.
The indictments against Winitsky and his comrades charged under the New York law — Benjamin Gitlow
, who preceded him, as well as James Larkin
, Isaac Ferguson, and C.E. Ruthenberg, who followed — was based upon the publication and dissemination of the Manifesto of the Left Wing of the Socialist Party in The Revolutionary Age on July 5, 1919. Prosecutors used the theory that the Manifesto of the Left Wing advocated the abolition of organized government by unlawful means and that Winitsky, having been present at the Party's 1919 convention in Chicago, had subscribed to the ideas in it. An agent of the Lusk Committee testified that he had purchased copies of the manifesto from the Party's New York state headquarters at 207 East Tenth Street.
Winitsky's trial commenced on March 19, 1920 before Judge Weeks in the Criminal Branch of the New York Supreme Court
and was completed on March 26. The jury remained out only a few hours before returning with a guilty verdict. On March 29, Judge Weeks passed a sentence of 5 to 10 years in prison, with Winitsky being transported to Dannemora State Penitentiary in Dannemora, New York. An appeal of the case was refused.
and President of the Board of Aldermen respectively. The New York City Board of Elections
invalidated both nominations on the grounds that the prospective candidates were convicted criminals and were still imprisoned, and had therefore "been deprived of citizenship." John R. Voorhis, President of the elections board, stated that "We could not possibly permit the names of these men to go on the ballot. It would be a pretty state of affairs to allow felons and criminals to become eligible for office and take their places beside decent men and women."
The League sued the Board of Elections, and New York Supreme Court Justice Mullan ordered the Board to restore the candidates' names to the ballot. By the end of October, though, the New York Court of Appeals
had reversed the decision, and their names did not appear on the ballot in November.
Winitsky was freed on bail in May 1922. Following his release from prison, he became active in the activities of the underground Communist Party of America and in its parallel "legal" organization, the Workers Party of America
. Winitsky was a participant in the party's trade union
mass organization, the Trade Union Educational League
, headed by William Z. Foster
.
Winitsky was a delegate to the ill-fated August 1922 convention
of the underground CPA in Bridgman, Michigan
— a gathering raided by state and federal law enforcement authorities. For attending this gathering Winitsky was indicted
under Michigan's
"Criminal Syndicalism" statutes, although he was never brought to trial on this charge.
Winitsky worked as a manager of the Communist Party's Yiddish-language daily, Morgen Freiheit
from 1922 to 1923. From 1923 to 1924 Winitsky worked as a functionary for the Federated Farmer-Labor Party, a Communist Party sponsored effort to establish what it termed a "class-based" independent political party.
Governor Al Smith pardoned Winitsky on January 7, 1924, stating that "I am satisfied that Winitsky has been sufficiently punished for the crime which he committed, and I have accordingly granted him a pardon."
In 1929, Winitsky left the Communist Party USA
to cast his lot with expelled party leader Jay Lovestone
and his so-called Communist Party USA (Majority Group). Winitsky was not long in this organization, however, as a few years later he rejoined the Socialist Party of America, remaining active in that organization until the time of his death.
Winitsky died of heart disease on September 10, 1939 in the Morrisania
Hospital in The Bronx
. He had been living at 2690 Morris Avenue. Winitsky was just 41 years old at the time of his death and was survived by his widow and three brothers: Irving, William, and Benjamin Wynn.
Norman Thomas
, frequent Presidential candidate of the Socialist Party, was the chief speaker at Winitsky's funeral, held in New York City.
First Red Scare
In American history, the First Red Scare of 1919–1920 was marked by a widespread fear of Bolshevism and anarchism. Concerns over the effects of radical political agitation in American society and alleged spread in the American labor movement fueled the paranoia that defined the period.The First Red...
of 1919-1920. Winitsky served two years in prison of a 5 to 10 year sentence beginning in March 1920. Released on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
in 1922, Winitsky was ultimately pardoned by New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
Governor
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
Al Smith
Al Smith
Alfred Emanuel Smith. , known in private and public life as Al Smith, was an American statesman who was elected the 42nd Governor of New York three times, and was the Democratic U.S. presidential candidate in 1928...
in January 1924. Winitsky left the Communist Party USA in 1929.
Early years
Harry Winitsky was born January 25, 1898 in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, the son of an ethnic Jewish painter who had emigrated to the United States from Tsarist Russia
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
.
As a boy, Winitsky attended public schools in New York City. Upon graduation, he stayed in New York to enroll at Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
, which he attended in 1917.
Early political career
From an early age, Winitsky became active in radical politics. He joined the youth section of the Socialist Party of AmericaSocialist Party of America
The Socialist Party of America was a multi-tendency democratic-socialist political party in the United States, formed in 1901 by a merger between the three-year-old Social Democratic Party of America and disaffected elements of the Socialist Labor Party which had split from the main organization...
, the Young Peoples Socialist League in 1913 and went on to participate in the adult party itself through 1919. In 1919, Winitsky became active in the Left Wing Section of the Socialist Party
Left Wing Section of the Socialist Party
The Left Wing Section of the Socialist Party was an organized faction within the Socialist Party of America in 1919 which served as the core of the dual communist parties which emerged in the fall of that year — the Communist Party of America and the Communist Labor Party of America.-Precusors:A...
, becoming a founding member of the Communist Party of America (CPA) in August 1919.
In 1918, Winitsky was twice jailed for participating in strike activities, serving a sentence of 10 days in West New York, New Jersey
West New York, New Jersey
West New York is a town in Hudson County, New Jersey, United States, situated upon the New Jersey Palisades. As of the 2010 United States Census, the town population was 49,708.-Geography:...
and an additional 30 day stint in Perth Amboy, New Jersey
Perth Amboy, New Jersey
Perth Amboy is a city in Middlesex County, New Jersey, United States. The City of Perth Amboy is part of the New York metropolitan area. As of the 2010 United States Census, the city population was 50,814. Perth Amboy is known as the "City by the Bay", referring to Raritan Bay.-Name:The Lenape...
.
Criminal Anarchism trial
During the CPA's brief interval of open public existence during the last half of 1919, Winitsky served as the Executive Secretary of the Communist Party of New York — a position which drew him to the attention of law enforcement authorities, many of whom considered the Communist Party an illegal and seditiousSedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
organization. Paid stenographers were assigned to transcribe Winitsky's public utterances, with a view to generating evidence for an eventual prosecution.
Although not themselves anarchists
Anarchism
Anarchism is generally defined as the political philosophy which holds the state to be undesirable, unnecessary, and harmful, or alternatively as opposing authority in the conduct of human relations...
, Winitsky was one of five prominent members of the American Communist movement charged under the New York Criminal Anarchy Law of 1902, a piece of legislation hurriedly passed in the wake of the assassination of President William McKinley
William McKinley
William McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...
.
The indictments against Winitsky and his comrades charged under the New York law — Benjamin Gitlow
Benjamin Gitlow
Benjamin "Ben" Gitlow was a prominent American socialist politician of the early twentieth century and a founding member of the Communist Party USA. From the end of the 1930s, Gitlow turned to conservatism and wrote two sensational exposés of American Communism, books which were very influential...
, who preceded him, as well as James Larkin
James Larkin
James Larkin was an Irish trade union leader and socialist activist, born to Irish parents in Liverpool, England. He and his family later moved to a small cottage in Burren, southern County Down. Growing up in poverty, he received little formal education and began working in a variety of jobs...
, Isaac Ferguson, and C.E. Ruthenberg, who followed — was based upon the publication and dissemination of the Manifesto of the Left Wing of the Socialist Party in The Revolutionary Age on July 5, 1919. Prosecutors used the theory that the Manifesto of the Left Wing advocated the abolition of organized government by unlawful means and that Winitsky, having been present at the Party's 1919 convention in Chicago, had subscribed to the ideas in it. An agent of the Lusk Committee testified that he had purchased copies of the manifesto from the Party's New York state headquarters at 207 East Tenth Street.
Winitsky's trial commenced on March 19, 1920 before Judge Weeks in the Criminal Branch of the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
and was completed on March 26. The jury remained out only a few hours before returning with a guilty verdict. On March 29, Judge Weeks passed a sentence of 5 to 10 years in prison, with Winitsky being transported to Dannemora State Penitentiary in Dannemora, New York. An appeal of the case was refused.
Later political career
In October 1921 the Workers' League nominated Benjamin Gitlow and Winitsky as their candidates for MayorMayor of New York City
The Mayor of the City of New York is head of the executive branch of New York City's government. The mayor's office administers all city services, public property, police and fire protection, most public agencies, and enforces all city and state laws within New York City.The budget overseen by the...
and President of the Board of Aldermen respectively. The New York City Board of Elections
New York City Board of Elections
The Board of Elections in the City of New York meets once a week at 32 Broadway, New York NY, on the Sixth Floor. By law, there are ten commissioners, two from each of the five boroughs of New York City. One of these two is from each of the two parties whose candidates got the most votes in the...
invalidated both nominations on the grounds that the prospective candidates were convicted criminals and were still imprisoned, and had therefore "been deprived of citizenship." John R. Voorhis, President of the elections board, stated that "We could not possibly permit the names of these men to go on the ballot. It would be a pretty state of affairs to allow felons and criminals to become eligible for office and take their places beside decent men and women."
The League sued the Board of Elections, and New York Supreme Court Justice Mullan ordered the Board to restore the candidates' names to the ballot. By the end of October, though, the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
had reversed the decision, and their names did not appear on the ballot in November.
Winitsky was freed on bail in May 1922. Following his release from prison, he became active in the activities of the underground Communist Party of America and in its parallel "legal" organization, the Workers Party of America
Communist Party USA
The Communist Party USA is a Marxist political party in the United States, established in 1919. It has a long, complex history that is closely related to the histories of similar communist parties worldwide and the U.S. labor movement....
. Winitsky was a participant in the party's trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
mass organization, the Trade Union Educational League
Trade Union Educational League
The Trade Union Educational League was established by William Z. Foster in 1920 as a means of uniting radicals within various trade unions for a common plan of action. The group was subsidized by the Communist International via the Communist Party of America from 1922...
, headed by William Z. Foster
William Z. Foster
William Foster was a radical American labor organizer and Marxist politician, whose career included a lengthy stint as General Secretary of the Communist Party USA...
.
Winitsky was a delegate to the ill-fated August 1922 convention
1922 Bridgman Convention
The 1922 Bridgman Convention was a secret conclave of the underground Communist Party of America held in August 1922 near the small town of Bridgman, Michigan, about outside of the city of Chicago on the banks of Lake Michigan...
of the underground CPA in Bridgman, Michigan
Bridgman, Michigan
Bridgman is a city in Berrien County in the U.S. state of Michigan. The population was 2,428 at the 2000 census. The Bridgman post office, with ZIP code 49106 opened with the name "Laketon" on November 11, 1862. The name changed to Bridgman on April 9, 1874...
— a gathering raided by state and federal law enforcement authorities. For attending this gathering Winitsky was indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
under Michigan's
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
"Criminal Syndicalism" statutes, although he was never brought to trial on this charge.
Winitsky worked as a manager of the Communist Party's Yiddish-language daily, Morgen Freiheit
Morgen Freiheit
The New York city-based Morgen Freiheit was a daily Yiddish language newspaper affiliated with the Communist Party, USA, founded by Moissaye Olgin in 1922. After the end of World War II the paper's editors developed criticisms of the Soviet Union and thereby clashed with the leaders of the...
from 1922 to 1923. From 1923 to 1924 Winitsky worked as a functionary for the Federated Farmer-Labor Party, a Communist Party sponsored effort to establish what it termed a "class-based" independent political party.
Governor Al Smith pardoned Winitsky on January 7, 1924, stating that "I am satisfied that Winitsky has been sufficiently punished for the crime which he committed, and I have accordingly granted him a pardon."
In 1929, Winitsky left the Communist Party USA
Communist Party USA
The Communist Party USA is a Marxist political party in the United States, established in 1919. It has a long, complex history that is closely related to the histories of similar communist parties worldwide and the U.S. labor movement....
to cast his lot with expelled party leader Jay Lovestone
Jay Lovestone
Jay Lovestone was at various times a member of the Socialist Party of America, a leader of the Communist Party USA, leader of a small oppositionist party, an anti-Communist and Central Intelligence Agency helper, and foreign policy advisor to the leadership of the AFL-CIO and various unions...
and his so-called Communist Party USA (Majority Group). Winitsky was not long in this organization, however, as a few years later he rejoined the Socialist Party of America, remaining active in that organization until the time of his death.
Death and legacy
At some time before his death in 1939, Winitsky changed his name to Harry Wynn.Winitsky died of heart disease on September 10, 1939 in the Morrisania
Morrisania, Bronx
Morrisania is the historical name for the South Bronx and derives from the powerful and aristocratic Morris family, who at one time owned all of the Manor of Morrisania. Today the name is most commonly associated with the village of Morrisania, which is only a small corner of the original...
Hospital in The Bronx
The Bronx
The Bronx is the northernmost of the five boroughs of New York City. It is also known as Bronx County, the last of the 62 counties of New York State to be incorporated...
. He had been living at 2690 Morris Avenue. Winitsky was just 41 years old at the time of his death and was survived by his widow and three brothers: Irving, William, and Benjamin Wynn.
Norman Thomas
Norman Thomas
Norman Mattoon Thomas was a leading American socialist, pacifist, and six-time presidential candidate for the Socialist Party of America.-Early years:...
, frequent Presidential candidate of the Socialist Party, was the chief speaker at Winitsky's funeral, held in New York City.
Works
- "Speech by Harry Winitsky, Executive Secretary of the Communist Party of New York: Delivered at a Meeting Held at 175 E Broadway, NYC, December 22, 1919." Corvallis, OR: 1000 Flowers Publishing, 2005.
- "The Facts Speak for Themselves," The Revolutionary Age [New York], v. 1, no. 8 (Feb. 15, 1930), pp. 14-15.