Great Sedition Trial of 1944
The Great Sedition Trial of 1944 was a political show trial engineered by the
American Jewish Committee, ADL, and B'nai B'rith with the purpose of imprisoning
anti-communist patriots who opposed FDR and his schemes to bring the country into
World War II. The Smith Act of 1940 was used to prosecute the defendants. The case
was designated as United States
v. McWilliams where the defendants were charged with
conspiracy to aid in
establishment of a National Socialist form of government within the
United States and attempting to demoralize the
armed forces of the United States. A conviction
carried a $10,000 fine and ten
years imprisonment. The entire case was declared a mistrial
after the presiding
judge suddenly died. Months later another judge dismissed the
charges against
the defendants and called the case "a travesty on justice."
Grand jury indictments
The trial was staged in Washington DC thanks to Dillard Stokes an investigative reporter
working for the Washington Post. Before the indictments Stokes solicited allegedly seditious
publications
from the defendants and had them mailed to his residence in the District of Columbia.
This tactic allowed the government to put the defendants on trial in one location
and to
break them financially, removing them from their employment, family, and
homes.
In total 42 people and one newspaper, The New York Evening Enquirer, were indicted by
three separate grand juries. The first two indictments
issued in 1942 and 1943 failed to come
to trial. By the time trial began on
April 17, 1944 with the third indictment, there were 30
defendants: 28 men and two women.
The trial was held in Washington's Federal District Court
building in a small
air conditioned courtroom (40 x 38 ft.) and lasted seven months.
Jewish Pressure
Jews played an
instrumental role in pressing for the indictments. A United Press report
stated,
Under pressure from Jewish organizations, to judge from articles appearing in
publications
put out by Jews for Jews, the new indictment even more than the first was
drawn
to include criticisms of Jews as "sedition." It appeared that a main purpose of the
whole procedure, along with outlawing unfavorable comments on the administration, was to
set a legal precedent of judicial interpretations and severe penalties which would serve
to exempt Jews in America from all public mention except praise, in contrast to the traditional
American viewpoint which holds that all who take part in public affairs must be ready
to accept
full free public discussion, either pro or con.
The first indictment was a total Jewish affair with prosecuting
attorney William P. Maloney
in constant contact with the ADL and coordinating the investigations.
First indictment: July 21, 1942
Court Asher, David J. Baxter, Otto Brennemann, Howard V. Broenstrupp, Oscar Brumback,
Prescott F. Dennett, C. Leon de Aryan, Hudson de Priest, Hans Diebel, Elizabeth Dilling,
Robert E. Edmondson, Elmer J. Garner, James F. Garner, William Griffin, Charles B. Hudson,
Ellis O. Jones, William Ernest Kullgren, William R. Lyman Jr, Donald McDaniel, Robert Noble,
William D. Pelley, Eugene Sanctuary, Herman M. Schwinn, Edward
J. Smythe,
Ralph Townsend, James C. True, George S. Viereck and Gerald B. Winrod
Second indictment: January 4, 1943
Court Asher, David J. Baxter, Otto Brennemann,
Howard V. Broenstrupp, Oscar Brumback,
Prescott F. Dennett, C. Leon De Aryan,
Hudson de Priest, Hans Diebel, Elizabeth Dilling,
Robert E. Edmondson, Elmer
J. Garner, James F. Garner, William Griffin, Charles B. Hudson,
Ellis O. Jones,
William Ernest Kullgren, William R. Lyman Jr., Donald McDaniel, Robert Noble,
William
D. Pelley, Eugene Sanctuary, Herman M. Schwinn, Edward J. Smythe, Ralph Townsend,
James
C. True, George S. Viereck, Gerald B. Winrod, Frank W. Clark, George E. Deatherage,
Frank K. Fernenx, Paquita de Shishmareff (Leslie Fry), Lois de Lafayette Washburn and
The New York Evening Enquirer. In addition, twelve other publications and thirteen
organizations were
named, but unindicted, on a list of "agencies employed."
Third indictment: January 3, 1944
Garland Alderman, David J. Baxter, Howard V. Broenstrupp, Frank W. Clark, George E. Deatherage,
Prescott F. Dennett, Lawrence Dennis, Hans Diebel, Elizabeth Dilling, Robert E. Edmondson,
Ernest F. Elmhurst, Frank K. Fernenx, Elmer J. Garner, Charles B. Hudson, Ellis O. Jones,
August Klapprott, Gerhard Wilhelm Kunze, William R. Lyman Jr., Joe E. McWilliams,
Robert Noble, William D. Pelley, Parker Sage, Peter Stahrenberg, Eugene Sanctuary,
Herman M. Schwinn, Edward J. Smythe, James True, George S. Viereck,
Lois de Lafayette Washburn and Gerald B. Winrod.
Notably absent from the indictments were two popular
and influential clergymen both known
for their anti-Semitism: Reverend Gerald L. K. Smith and Father Charles Coughlin.
Smith was investigated three times by the FBI finding no apparent foreign "fascist" connections.
Also missing from
the indictments were any Italian-American Fascist or Ku Klux Klan leadership.
The strategy the prosecution decided to
use was to prove all of the defendants had psychologically
joined Germany’s
National Socialist movement. The intent of the prosecution was to show
things
said by the defendants were similar to things said by the "Nazis"; therefore they were
part of the world conspiracy.
Defendants
The defendants were a collection of American nationalists, isolationists, socialists, pacifists,
nativists, anti-Semites, and German American Bund leaders with an ideological attachment
to the New Germany. The final indictment included five groups of individuals. One group
consisted
of Washington lobbyists and registered agents for Germany. Another group
were
authors who had written books in support of fascism or political treatises that connected
the Jews to Communism. Publishers were another group--some with a small newsletter circulation,
others
such as the magazine The Defender had a monthly readership of over a hundred
thousand. Also indicted were
the leaders of various nationalist organizations -- again some
with limited influence,
but groups like the Silver Legion of America lead by William Dudley
Pelley were well organized on a national level. The final
group was the German American Bund
members, the two top leaders Kunze and Klapprott, along with three from the California
branch on the west coast. Elizabeth Dilling's lawyer quipped the Germans
were added to give the jury a “sauerkraut”
flavor to the trial.
With the exception of Lawrence Dennis, Prescott Dennett, and George Viereck all were
anti-Semites to one degree or another. James True, Frank W. Clark, and Lois de Lafayette Washburn
favored the death of Jews. Others like William Dudley Pelley favored restricting
Jews to
certain geographical areas within America or isolating them to one city
per state. Reverend
Winrod saw “bad” Jews who should be condemned
and “good” Jews who could be converted.[13]
Most of the defendants viewed the Jews as untrustworthy and carriers of
the political virus of Communism.
Several of the defendants
Ellis Jones, Robert Noble, William Dudley Pelley, George Viereck,
Franz K. Ferenz and Gerhard Wilhelm Kunze were in prison for previous sedition convictions
or violations of the Foreign Agents Registration Act. At the time of the trial, Hans Diebel and
Herman Schwinn were being held as enemy aliens. One elderly defendant, Elmer J. Garner,
died three weeks after the start of the proceedings. James True and David Baxter were
severed from the trial due to health reasons and physical ailments. Robert Noble was severed
from the trial for unruly conduct. The trial lasted 119 days with
a two-week summer break.
Defense lawyers
All but four of the twenty-four lawyers who represented the defendants
were court appointed
and unpaid. A few of the defendants wanted to act as their
own lawyers. The trial became a
chaotic farce with defense lawyers competing
among themselves with objections. The
judge denied about five hundred motions
for a mistrial. Seven defense lawyers were fined
over one thousand dollars for
contempt and two lawyers were thrown out of court.
One
of the defendants, Robert Edmondson, would go on to call these twenty court-appointed
lawyers "The Twenty Immortals…who went far beyond the Call of Duty in behalf of The
Constitution." The defense lawyers put their lives and livelihoods on the line when they took
the case of their clients. Attorneys St.George and Little were fired upon when a bullet passed
through the windshield of their car. Attorney
Powers was beaten by five thugs and placed
an hospital for four days. Attorney Henry Klein removed himself from the case a few
months into the trial after receiving a number
of death threats from fellow
Jews. Other attorneys saw their legal practice begin
to fade away.
During the trial and its aftermath the
American Civil Liberties Union (ACLU)--which at the
time was essentially a Communist front organization--did nothing to aid the defendants.
Ironically, one of the defendants,
Ellis Jones, was an Executive
Committee member of the southern California chapter
of the ACLU.
The press and public opinion
The trial started with 40 reporters covering the proceedings, but
as it dragged on fewer of
them appeared in the courtroom. The Washington Post and the Chicago Tribune initially
had their reporters at the trial. In addition, two communist and
far-left
newspapers the Daily Worker and PM covered the proceedings.
However by July, the
third month of the trial, many of the major papers considered the
proceedings
a circus and withdrew their reporters from the courtroom. By October only
a handful
were in attendance. Representatives from the Washington Star , United Press
and International News Service were the few who remained reporting on the trial.
Public
opinion began to turn in favor of the defendants. Newspaper editors like Joseph Patterson
of the New York Daily News openly defended the accused seditionists and
said they were just "publishers
of small anti-Administration sheets."
A few Washington
officials were untroubled by the hostile press coverage and openly
supported the
defendants. Senator William Langer of North Dakota visited the
defendants often in jail and escorted Elizabeth Dilling to and from
the courtroom.
Resolution
The presiding judge, former Iowa Congressman Edward C. Eicher, died suddenly of
a heart attack on November 29, 1944. Bolitha Laws, a federal judge in the District of Columbia,
took over and asked the prosecutor,
O. John Rogge, if he wanted to start a new trial.
Realizing the prosecutor had no real evidence
to prove sedition, Judge Laws
declared a mistrial on December 7, 1944.
On June 30, 1947 the Circuit Court of Appeals for
the
District of Columbia affirmed the dismisal of the indictments.
Aftermath
The Sentinel an English-Jewish paper
in Chicago was sued by ten of the
defendants in 1947 for libel. Four of them
collected $24,100 in damages.
The 30 defendants
Below is a list of the organizations, publications,
and books associated with the defendants
up to the time of the trial in 1944.
Those after 1944 associated with the defendants are not
listed. Known attorneys
representing the defendants at the trial are listed as well
as attorneys representing
the defendants in the 1946 motions to dismiss.
Washington lobbyists
Author's group
Name | Organizations | Publications | Books | Attorneys |
David Baxter | Social Republic Society |
| The
Corporate State: A Practical Plan for American Nationalists | W. Hobart Little, Ira Chase Koehne |
Lawrence Dennis |
| Weekly Foreign Letter, The Awakener, | Is Capitalism Doomed?, The Coming American Fascism, The Dynamics
Of War And Revolution | himself as attorney and Floyd Lanham, Joseph C. Turco |
Elizabeth Dilling | Patriotic Research Bureau |
| The Red Network, The Roosevelt Red Record, The Octopus | Floyd Lanham, Dellmore Lassard, Albert Dilling J. Austin Latimer |
Ernest F. Elmhurst | Pan-Aryan League |
| The World Hoax | Ira Chase Koehne, James J. Laughlin, W. Hobart Little, M. Edward Buckley, Orville Gaudette, John Hillyard |
Eugene N. Sanctuary | American Christian Defenders | Tocsin Publishers | The Roosevelt Saga, The Talmud Unmasked, * Are These Things So? | Henry H. Klein, M. Edward Buckley, Marvin F. Bischoff, George B. Fraser |
Publisher's group
Name | Organizations | Publications | Books | Attorneys |
Robert E. Edmondson | Edmondson Economic Service | American Vigilante Bulletin |
| Ethelbert B. Frey |
Elmer J. Garner |
| Publicity |
| Marvin F. Blachoff |
Charles B. Hudson |
| America in Danger |
| Frank H. Meyers, Elizabeth R. Young, James A. Davis, Thomas X. Dunn |
Joe McWilliams | Christian Mobilizers, American Destiny Party | The Christian Mobilizer | The Serviceman's Reconstruction Plan | Maximilian St.George, W. Hobart Little |
Edward J. Smythe | Protestant War Veterans Association | Our Common Cause |
| James J. Laughlin, Ethelbert B. Frey, M. Edward Buckley, John B. Gunion |
Peter Stahrenberg | American National-Socialist Party | National American |
| L.J.H.Herwig |
James True | America First, Inc. | Industrial Control Reports |
| J. Austin Latimer |
Gerald B. Winrod | Defenders of the Christian Faith | The Defender |
| E. Hilton Jackson, John W. Jackson, George Siefkin |
Nationalist leaders
Name | Organizations | Publications | Books | Attorneys |
Garland Alderman | National Workers' League | Nationalist Newsletter |
| Harry A. Grant, of Washington DC |
Howard V. Broenstrupp | Silver Shirts | The Gentiles' Review |
| Ira Chase Koehne M. Edward Buckley |
Frank W. Clark | National Liberty Party, League of War Veteran Guardsmen |
|
| himself as attorney
and M. Edward Buckley, Ira Chase Koehne |
George E. Deatherage | Knights of the White Camellia, American Nationalist Confederation, National Workers' League | News Behind the News |
| J. Austin Latimer |
Ellis O. Jones | National Copperheads, Friends of Progress | Copperhead Notes |
| himself as attorney |
William Lyman | National Workers' League |
|
| Frank J. Meyer, Elizabeth R. Young |
Robert Noble | Friends of Progress |
|
| James J. Laughlin |
William D. Pelley | Silver Shirts | The Galilean, Liberation, Roll-Call |
| William J. Powers, T. Emmett McKenzie, W. Hobart Little |
Parker Sage | Black Legion, National Workers' League | Nationalist Newsletter |
| Harry A. Grant |
Lois de Lafayette Washburn | National Liberty Party, National Gentile League, American Gentile Protective Association |
|
| Ira Chase Koehne, M. Edward Buckley |
German American Bund
leaders
Government witnesses
Notes
- ↑ "FDR's patriot purge", The New American, June 16, 2003
- ↑ A MOCKERY OF JUSTICE- THE GREAT SEDITION TRIAL OF 1944
- ↑ Newsweek May 1, 1944
- ↑ The Sedition Case, page 122
- ↑ "U.S. At War: The Curtain Rise", Time, May 1, 1944
- ↑ The Smear Campaign by Joseph P. Kamp
- ↑ TALE OF A "SEDITIONIST" – THE LAWRENCE DENNIS STORY
- ↑ 'The Truth About Gerald Smith: America’s #1 Fascist, page 15
- ↑ FASCISM AND ANTI-WAR ACTIVISM IN THE UNITED STATES 1939-45
- ↑ A Trial on Trial, pages 105, 106
- ↑ Trial on Trial: The Great Sedition Trial of 1944, page 181
- ↑ Right-wing populism in America: too close for comfort, by Chip Berlet and Matthew Nemiroff Lyons, p. 133
- ↑ American Political Trials, by Michal R. Belknap, page 185.
- ↑ Newsweek December 11, 1944, p 44
- ↑ A Trial on Trial, page 13
- ↑ AMERICAN JEWISH YEAR BOOK 1945/1946 page 271
- ↑ TALE OF A "SEDITIONIST" – THE LAWRENCE DENNIS STORY
- ↑ I Testify Against The Jews, by Robert Edmondson, page (D)
- ↑ The Sedition Case, page 88
- ↑ The Sedition Case, page 89
- ↑ Confronting Right-wing Extremism and Terrorism in the USA, by George Michael, page 137
- ↑ "U. S. Indicts Its Two Top Fachists", Life, January 17, 1944, Vol. 16, No. 3, page 15
- ↑ Free speech in the good war, By Richard W. Steele, page 148
- ↑ American Political Trials, by Michal R. Belknap. pages 181, 191.
- ↑ A Trial on Trial, page 22
- ↑ The Propaganda Battlefront, April 29, 1944
- ↑ Our Own Felicity: We Make Or Find, By C. L. Corey, page 85
- ↑ [1]
Sources
- The Sedition Case: Jews vs. Gentiles in court in the District Court of the United States
for the District of Columbia by George E. Deatherage (1944)
- A Trial on Trial: The Great Sedition Trial of 1944, by Lawrence Dennis and Maximilian St.George, (1945) National Civil Rights Committee, (1984) Institute for Historical Review
See also
External links