Wilentz - Jew

Just when you thought things in Israel couldn’t possibly get worse, a new novel comes along to prove that you don’t know the half of it.

"Martyrs’ Crossing" (Simon & Schuster, $24), by The New Yorker’s former Jerusalem correspondent Amy Wilentz, tells the story of a Palestinian child needing medical attention who dies because Israeli officials refuse to let him and his mother through a West Bank checkpoint.

Though the book might appear even-handed and nonjudgmental in its depiction of the current Israeli-Palestinian conflict, Wilentz ultimately betrays her sympathies by the degree to which she infuses the Palestinians with more dimensionality.

Wilentz warns against reading "Crossing" as a political tract. "It’s inconceivable to me that anyone could feel that it is," she told The Journal from her home in New York.

Wilentz, who lived in Israel with her husband and children from 1995 to 1999, says she is familiar with this response. "Those of my critics who would argue that I favored one side or the other are usually Israelis, who think that anyone who can show sympathy for the Palestinians must be a Palestinian sympathizer," Wilentz says.

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Wilentz came out of a secular Jewish background (her father was New Jersey Chief Justice Robert N. Wilentz). She chose to write the story as fiction because journalistically, she says, it has been done to death by people "with greater depth of knowledge and credentials" than her own. By taking the fictional route, she felt she could bring the story down to size, forcing herself, and her readers, to deal with the conflict at the level of individual human beings.

Having done so, however, she is no more hopeful of the outcome. "The situation is not a reasonable situation for these two entities to be in. I don’t know how they will get out of it."

Wilentz and his assistants gathered lots of questionable "evidence" against Hauptmann The Attorney General is pictured below with samples of handwriting  his team used against the defendant.    The "expert" witness on handwriting, would later be exposed for having made horrendous misjudgments such as the Howard Hughes fiasco. 

 One look at the time sheets from the Reliance Management with blobs of ink over the check marks,  indicating Hauptmann told the truth when he claimed to have been working on March 1 and April 2, would make anyone skeptical of the integrity of this prosecution team.

Never were these lawyers required by law to reveal any part of their case to defense attorney, Edward Reilly.    Without "rules of discovery" in court proceedings of that day Wilentz was able to get away with "murder." He would later be known to Jerseyites as "the Pope of Perth Amboy"  because of his powerful grip on the politics of his state. There is no question that his popularity and power stemmed from this trial. The only question that remains is - did David Wilentz put his own aspirations ABOVE any concern for a FAIR trial?    

 

 
 
Lindbergh Sr
Lindbergh, Charles Augustus, 1859–1924, American Congressman
 
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(ln´bûrg, lnd´–) (KEY) , 1859–1924, American Congressman (1907–17), b. Sweden; father of Charles Augustus Lindbergh. He was brought to Minnesota as an infant, and later practiced law in Little Falls, Minn. As a Republican member of the U.S. House of Representatives, he consistently attacked the methods of large industrial trusts and sponsored various reforms but incurred vilification by his denunciation of war propaganda and war profiteering. His outspoken book Why Is Your Country at War? (1917, repr. 1934) was suppressed and contributed to his defeat (1918) as candidate of the Nonpartisan League for the post of governor of Minnesota.

Charles August Lindbergh (20 January 1859–24 May 1924), was a United States Congressman for 6th District of Minnesota (1907-1917) and opponent of the Federal Reserve banking system. He is best remembered today as the father of famous aviator Charles Lindbergh.

Lindbergh was born in Stockholm, Sweden. He was brought to the United States by his parents while an infant. He studied law at the University of Michigan at Ann Arbor, graduating in 1883 and being admitted to the bar the same year. He served as prosecuting attorney for Morrison County, Minnesota from 1891 through 1893. He was elected to congress as a Republican Party candidate. In 1916 he unsuccessfully campaigned for a seat in the United States Senate.

Charles August Lindbergh died in Crookston, Minnesota.

 

 

 

 

 

The baby was kidnapped on a Tuesday night. On Wednesday Ruth Pratt, Congresswoman got in touch with Colonel Bill Donovan and said you must put Morris Rosner on that case, she recommended it to Bill Donovan and Bill Donovan then recommended the introduction of Mr. Rosner and Rosner was brought down by Mr. Thayer. Rosner was vouched for by two United States Senators and was supposed to have done some under cover work for the Department of Justice for two years and was supposed to have been a very reputable man, he never double crossed either the under world or the over world as it were and a man that could be depended upon. He was to be the contact man. Subsequently it was decided in private conferences by the family in which the police was not included. We did not know him except that Colonel Lindbergh told us Rosner was all right, we looked at him and thought maybe he was a gangster, we were told no that he was vouched for. He was always in the inner circle of the family, knew the early developments of the case and saw the first and second and third letters; at one time taking either the first or second letter to New York with one or two Troopers in an automobile, this is a long time ago I may be vague on some details, Rosner had a copy of the note and he delivered that to Colonel Breckenridge who showed it to Owney Madden, Spitale and Bitz, all before the Conodon letter. It was on this occasion Madden advised Breckenridge not to show any more notes to anyone including himself.
ruth pratt

PRATT, Ruth Sears Baker, (1877 - 1965)


 

Copyright Washington Post; reprinted by permission of the DC Public Library.

PRATT, Ruth Sears Baker, a Representative from New York; born in Ware, Mass., August 24, 1877; attended private schools and Wellesley (Mass.) College; moved to Greenwich, Conn., in 1894 and to New York City in 1904; member of the board of aldermen of New York City in 1925, being the first woman to serve; reelected in 1927 and served until March 1, 1929; member of the Republican National Committee 1929-1943; delegate to the Republican National Conventions in 1924, 1932, 1936, 1940; delegate to the Republican State conventions in 1922, 1924, 1926, 1928, 1930, 1936, and 1938; served as president of the Woman’s National Republican Club 1943-1946; elected as a Republican to the Seventy-first and Seventy-second Congresses (March 4, 1929-March 3, 1933); unsuccessful candidate for reelection in 1932 to the Seventy-third Congress; was a resident of New York City; died at her home, The Manor House, Glen Cove, N.Y., August 23, 1965; interment in Pratt Mausoleum.

 

 

 

 

 

Questions about Hauptmann's Guilt

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In the decades since the trial, many have argued that Hauptmann was not guilty of the crimes.

As Kurland writes, "The only thing we can be sure Hauptmann was guilty of was possession of some of the ransom money. The rest, incidentally, has never turned up. To the unbiased observer, it was never established that Hauptmann was Cemetery John; it was never established that Cemetery John was connected to the kidnapping, and not just an extortionist; and it was never established that the body in the woods was that of the Lindbergh baby."

 

Michael Newton goes even further, writing, "A review of the prosecution's evidence, coupled with FBI documents declassified in the 1990s, reveals a blatant frame up in the case."

8

Last time, we discussed the
prosecution’s improbable theory of the
Lindbergh Kidnaping case. One should
remember that this was the kidnaping of the
most famous baby of the most famous man on
the face of the earth. It was an audacious
crime.
In 1932, Charles Lindbergh was known and revered by more
people and by a greater percentage of the world’s population than any
human who had ever lived. Your gut tells you that this crime must have
been planned down to the last detail by at least a handful of people
. In
this case the prosecution suppressed or disregarded any evidence that
showed a conspiracy and, except for the construction of a ladder, no
evidence was ever discovered of pre or post kidnaping plans. For
example, where was the baby to be held and who was going to care for
it?
In summary, the prosecution
theory went like this:A “lone
wolf” kidnaper drove three hours from his home in the Bronx to the
Lindbergh weekend estate in very rural New Jersey. He discovered
the family in residence on the only weekday they had ever stayed
overnight at that location. Around 9:00 P.M., with Colonel Lindbergh,
his wife, the butler, the maid, the child’s nurse and Wagoosh the family
terrier, all awake, the kidnapper went to work. He placed a ladder up
to the window of the nursery, the only window in the house for
which the shutters would not lock, crawled in, placed the twenty
month old child in a burlap bag and exited through the window.
Although this kidnapper was a master carpenter, the ladder he built
was too short and only reached to thirty inches below the window.
However, the kidnaper was able to exit the window with the baby in
one hand, reach back up, leave a ransom note on the window sill and
still close the window. (Oh, by the way, the note was placed on the
left side of the window sill and the ladder was offset about a foot to
the right of the window.) Unfortunately, this master
carpenter/kidnaper had built the ladder with 1" x 3" shelving pine and
the ladder broke during his descent. He dropped the baby, killing it.

Undaunted, he discarded the baby’s body a short distance away, off a
road three miles south of the Lindbergh Estate and returned home
to continue his extortion plot.
Over the next thirty days, working alone, he was able to
communicate in writing fifteen times with the Lindberghs. During this
time, he also met with their representatives in two Bronx cemeteries,
successfully extracting the $50,000 ransom money—even though he
produced no conclusive evidence that he was the real kidnaper, that he
had the child or that the child was alive.
After obtaining the ransom money, in April of 1932, he was
able to live in the Bronx for the next two and one-half years, openly and
notoriously (to borrow a phrase from property law) with his wife and
child, while eluding the most intense police manhunt in the history of
the world.
During this time, the prosecutor contended that the
kidnapper passed upwards of $5,000 in ransom money to various banks
and commercial establishments, mostly in New York City and mostly in
the Bronx. In September, 1934, this master kidnaper walked into a gas
station a few miles from his home and paid with a ten dollar gold note
that was part of the ransom money. Walter Lyle, the station attendant,
said, “You don’t see many of these anymore.” Bruno Richard
Hauptmann replied, “Yeah, I only have a couple of hundred left.” The
attendant wrote Hauptmann’s license plate number on the note and a
couple of days later Hauptmann was arrested.

The police discovered $14,000 of ransom money hidden in
Hauptmann’s garage. He had a plausible explanation for how he got the
money but for reasons to be discussed later he could not corroborate
his story. The police found that their suspect was an illegal immigrant
who had been a law abiding resident of this country for ten years. He
was always employed, even during the deepest part of the depression.
He was married for eight years and had a young child. He was a regular
communicant at a local Lutheran church and had a close circle of
friends. Except for the construction of the ladder (which Hauptmann
denied ever seeing) the police never uncovered any evidence that
Hauptmann had made any other preparations for the kidnaping or his
getaway.The police never suspected that Hauptmann’s wife,Anna, knew
anything of the kidnaping or the money found in the garage.
Now, just because this theory of the case may sound
improbable, that doesn’t make Hauptmann innocent. After all, it is
improbable that you will win the lottery but every week someone does
win the lottery, against humongous odds. However, criminal juries are
charged that an improbable theory of a case can create reasonable
doubt—even if all of the facts of that theory are proven beyond a
reasonable doubt. More fundamental, however, is that
Hauptmann’s trial
was infected with monumental prosecutorial misconduct and judicial
error. His lead attorney also fatally compromised his defens
e. These
errors and misconduct violated basic standards of due process of that
day or any other day. The standards violated were designed to produce
a reliable verdict. With the mountain of unfairness that buried
Hauptmann’s trial, no one can be confidant in the verdict or be sure, to
a moral certainty, that an innocent man did not go to his death in the
electric chair.
REVERSIBLE ERROR IN THE HAUPTMANN CASE1
1. LEGAL IMPOSSIBILITY. Hauptmann had to die for kidnaping
the most famous baby in the world. However, kidnaping was not a
capital offense in New Jersey in 1932 (nor in New York). But felony
murder was a capital offense. So far so good. But, causing a death in
the course of committing a kidnaping was not a felony murder offense
in New Jersey. So far so bad. But, causing a death in the course of
committing a burglary was a felony murder offense. So far so good.
But, unlawful entry with the intent to commit a kidnaping was not a
burglary in New Jersey. So far so bad. But, unlawful entry with the
intent to commit a larceny was a burglary and, if someone died in the
course of the burglary–that would be felony murder, a capital offense.
So far so good. But what was the larceny in the Lindbergh case? Why
stealing the baby’s night suit! Well true, the baby happened to be in
the night suit at the time, but that was legally irrelevant to the charge.
Hauptmann would die based on the legal theory that he broke into
the Lindbergh Estate to steal a pair of pajamas. That was the legal
theory that supported the capital murder charge in the indictment.
Of course, that small technicality got buried in the heat of the trial, as
The State of New Jersey v. Bruno Richard
Hauptmann: Fairness on Trial
By:W. Dennis Duggan, J.F.C.
Continued on page 9...
did the fact that the sleep suit was mailed back two weeks after the
kidnapping. It is inconceivable that the New Jersey Legislature, in not
making kidnaping a capital offense or making kidnaping a predicate
crime for burglary, intended to leave open a backdoor theory that
stealing the clothes that a kidnap victim was wearing would support a
capital charge if the victim accidentally died. Was it the Legislature’s
intent that the death penalty could be imposed on such pleading
legerdemain? To paraphrase Lincoln, this legal theory was,“....as thin as
a broth made from the shadow of a pigeon that had starved to death.”2
2. SUPPRESSION AND SPOILATION OF EVIDENCE. A
hotly contested issue at trial was whether
Hauptmann worked at the
Majestic Apartments at 72ND Street and Central Park West the day of the
kidnaping. In the beginning of the case both Sam Foley, the Bronx D.A.
and David Wilentz, the New Jersey Attorney General, conceded that
Hauptmann worked there until at least noon. Hauptmann claimed he
worked there until 5:00 P.M. If so, he would not have had enough time
to drive to New Jersey to commit the crime.
The time sheets of the
contractor would answer this question.There exists a signed receipt for
these records that were in the possession of the District Attorney. At
Hauptmann’s extradition hearing the records disappeared, never to be
seen again. After that, the prosecution changed its argument to claim
that Hauptmann didn’t start work at the Majestic until the middle of
March. Other records, those of the employment agency that supplied
the carpenters to the contractor, which do show that Hauptmann was
hired to work on March 1st, have mysterious ink blobs covering some
of the entries-but only those entries regarding Hauptmann’s
employment.
3.SUGGESTIVE VOICE SHOW UP. The exchange of the ransom
money took place in April, 1932 at St. Raymonds cemetery in the Bronx.
Lindbergh was siting in a car, with the window rolled up, about 200 feet
away from where “Cemetery John” called out “Hey Doc.” to Dr. John F.
Condon (Jafsie) who was Lindbergh’s intermediary. Two and one-half
years later, Lindbergh was asked at the Grand Jury proceedings in the
Bronx whether he could identify that voice. Lindbergh replied, “It
would be very difficult for me to sit here and say that I
could pick a man by that voice.”
The next day, D.A. Foley arranged for Hauptmann to be
brought to his office while Lindbergh sat there in disguise. Upon
Hauptmann repeating the words, “Hey Doc,” Lindbergh’s auditory
memory was refreshed and he had no doubt that the voice belonged
to “Cemetery John.” When he made this identification at trial, virtually
every trial observer noted that, from the reaction of the jury, this
identification alone sealed Hauptmann’s fate. After all, this was the
most honored man in the entire world telling his neighbors that Bruno
Richard Hauptmann was the man who kidnaped and killed his baby
right there in their own county. Who could possibly question that
father’s opinion.
In reality, it is hard to believe that Lindbergh did not perjure
himself. It defies our human experience to think that any person could
identify a voice heard only once, two and one-half years ago, in the form
of two words. Oh, by the way, by 1932, Lindbergh has spent over ten
years in open cockpit airplanes with large, un-muffled rotary engines
roaring in his ears. Lindbergh’s daughter, Reeve, tells the story of how,
when she was a child and went flying with her father, he would not let
her wear earplugs. “Our father frowned upon cotton balls. If he saw
them,he would make us remove them. He claimed that they diminished
the experience of flying, and were in any case unnecessary: the engine
noise was not so terribly loud that one couldn’t get use to it. He
certainly had done so.” (Under a Wing, A Memoir, p.96)
4.
INEFFECTIVE ASSISTANCE OF COUNSEL. Edward Reilly
was once known as the “Bull of Brooklyn.” In his prime, which was a
decade earlier, he was very good. More recently, he became known as
“Death House Reilly.” A the start of the trial on January 2, 1935, he was
still hung over from New Year’s eve celebrations. At trial, dressed in
spats and a cut-a-way coat,
his pompous demeanor broadcast a disdain
for the plain folk of Hunterdon County. Every juror later commented
on Reilly’s condescending attitude. He drank through most of his
lunches and his trial preparation at night consisted mostly of
entertaining prostitutes, thinly disguised as secretaries, supposedly
taking his dictation. Before the trial he had spent a total of just forty
minutes with his client.

His trial strategy was disastrous, his cross-examination was
usually harmful to his case. On direct, he called as witnesses persons
that hurt more than helped. However, most importantly, his loyalty was
compromised.
The Hearst Papers paid Reilly his $10,000 retainer in
exchange for exclusive access to the defense strategies and daily
commentary by Reilly. The New York Journal, which was rabidly anti-
Hauptmann and convinced to a certainty of his guilt,would spare no ink
in declaring so.
This paper would get Reilly’s exclusive reports.
Tied into this was America’s most famous journalist,
Walter
Winchell
. Winchell would daily broadcast to “Mr and Mrs. America and
all ships at sea” his profound belief, backed up by inside information, that
Hauptmann was as guilty as sin. Reilly, after going through three wives
and casks of alcohol, would eventually lose his license to practice law
and spend two years in a mental institution suffering from the effects of
tertiary syphilis.
5. TAINTED EYEWITNESS IDENTIFICATIONS. The eye
witness testimony against Hauptmann crossed over into the Twilight
Zone.Amandus Hochmuth was an 87 year old man who said he saw
Hauptmann drive off the road near his house the day of the kidnaping
and saw a ladder in the car. He had cataracts in both eyes and was
legally blind. He was receiving public assistance for this condition. At
trial he testified that until the day of his testimony, almost three years
after the kidnaping, he had never told anyone about what he saw. The
day before his testimony he was taken to the jail for a show up after
being shown a picture of Hauptmann. Just before he testified, he was
shown where Hauptmann was seated in the coutroom. Not
surprisingly, he identified Hauptmann in court. However, he needed no
help in becoming aware of the reward money, part of which he
collected.
Joseph Perone was a cab driver who said he was stopped one
night on Gun Hill Road in the Bronx and asked to deliver a letter,
which turned out to be a ransom note. In the intervening years up to
Hauptmann’s arrest, he had made a dozen or more misidentifications
of the person who gave him the letter. After being told that the real
kidnaper had been arrested, Perone picked Hauptmann out of a
suggestive line-up.
Cecil Barr, a cashier at the Lowe’s Sheridan in Greenwich
Village, testified that on November 26, 1933 she sold Hauptmann a
ticket to the movies.Though selling 1,500 tickets that night, she still had
a clear memory of Hauptmann a year later when she I.D. him in a
suggestive line-up. The Lowes-Sheridan was fifteen miles and probably
forty-five minutes to an hour from Hauptmann’s residence. November
26th was Hauptmann’s birthday and he was at a party at his home with
several friends. Barr identified the man she sold the ticket to as
Continued on page 10...
9
10
“American” and said he was alone and without a coat.
Millard Whited was a 35 year old illiterate farmer who lived a
mile from the Lindbergh estate. Shortly after the kidnaping,Whited told
police that he had seen nothing suspicious prior to the kidnaping. Two
and a half years later, he was shown a photograph of Hauptmann and
identified him as a person he had seen wandering about the Lindbergh
Estate in February 1932. He too, as with the other eye witnesses,
received reward money.

When Hauptmann was finally put into a line up he had been
sleep deprived for almost thirty-six hours and had been severely
beaten. “Leon Turrou, one of the FBI agents in the room, noted that
Hauptmann stood out like a sore thumb. The police officers were all
over six feet tall, neatly pressed and freshly shaved. ‘Hauptmann looks
like a midget who has wandered through a Turkish bath for two
sleepless days and nights,’ Turrou noted to a companion.” (Jim Fisher,
The Lindbergh Case, p. 209). John F. Condon (Jafsie), the man who
had spent an hour talking with “Cemetery John” at the Woodlawn
Cemetery, was the only eyewitness who refused to identify
Hauptmann in the line-up. After immense police pressure and threats
of prosecution, he did identify Hauptmann at the trial.3
6. BRADY,AND ROSARIO MATERIAL. Brady and Rosario
are the two leading cases for discovery in a criminal case, where
discovery is severely limited to begin with. Brady holds that the
prosecution must turn over to the defense any exculpatory
information. Rosario holds that the defense is entitled to review
any pre-trial statements made by a witness. The Lindbergh
investigation material ran to more than 100,000 pages. Virtually none
of it was available to the defense. Anything that could have been
helpful to the defense never saw the light of day.
Hauptmann’s
financial journals that were seized at his house the day of his arrest.
Those records could have shown the sources and uses of his money
but they were never made available to his defense team. Almost
every witness who testified for the prosecution had given conflicting
statements
prior to the trial, including Lindbergh and the leading
handwriting witness.The Defense had no access to these statements.
(One handwriting expert, Albert D. Osborne, would testify in our
time that there was only one chance in a million that the Howard
Hughes diary was not authentic. We know now that Clifford Irving
perpetrated that hoax. Oops! Well, Clifford Irving was not facing the
electric chair but tell me again how much improvement was made in
“questioned document” expert testimony in those forty years. ) For
most of the witnesses, the defense was crippled in its crossexamination
and some witnesses could commit perjury with
impunity. For example, the medical examiner who testified about
conducting the autopsy never mentioned that he did not actually do
the autopsy. Because of severe arthritis, he talked the coroner
through the procedures.
7. THE TRIAL CIRCUS. The Hunterdon County Court House was
about 100 years old when the trial took place in 1935. It was designed
to hold less than 200 people. Every day up to 500 persons jammed the
courtroom. A “hidden” camera was set up in the balcony and a “secret”
microphone was placed near the witness chair. After the trial was well
under way the Judge was shocked to discover this breach of his rules
even though all of the light bulbs in the courtroom had been changed
to ones with higher wattage. The jury was housed across the street in
the Union Hotel.The other rooms in the hotel were occupied by the
press.The jury dining area was screened off only by a curtain that did
nothing to isolate the jury from the commentary of the boisterous
press corps and the public. Four times a day the jury had to parade
through the 50,000 or more people who had flooded into this town of
2,500 to be part of history.
The crowd would shout out things like
“Hang Hauptmann” of “Hauptmann must die,
” as peddlers sold
souvenir models of the kidnap ladder. Lindbergh attended the trial
everyday, sitting at the prosecution’s table, armed, on occasion, with a
shoulder pistol. The word circus is probably not a good word to
describe the trial. After all, a circus has seats for everyone, organized
acts and a ring master.4 Periodic pandemonium surrounded by a lynch
mob atmosphere better describes this trial.
8. CHANGE OF VENUE. Hauptmann’s lawyers tried to get a
change of venue and the motion was denied. In reality, Hauptmann
would have needed a change of venue to Baghdad to get a fair trial.
Don’t forget that Hauptmann was German and a veteran of the
Kaiser’s Army that America had expended thousands of soldiers lives
to defeat in WW I. Hauptmann was always called Richard–until he
was arrested and the press resurrected his official first name,
“Bruno.” Well, everyone knows that Richards don’t kidnap babies but
Brunos do. Virtually every person in America believed in
Hauptmann’s guilt.
When the baby was first kidnaped, 5,000,000
persons had volunteered in the massive manhunt.
Hunterdon County
in 1932, was about the size and composition of Schoharie County
now. It is about the same distance from Trenton, the New Jersey
Capital, as Schoharie is from Albany. The phenomenon that
permeated the Lindbergh case was that an entire nation stood ready
to do whatever was necessary so that justice was done for the
“Eaglet” and the “Lone Eagle”, this Nation’s foremost hero. This
crime would not go unpunished. It is inconceivable that twelve
citizens of Hunterdon County could ever look their world famous
neighbor in the eye and say “not guilty.”
9. JUNK SCIENCE. With the Supreme Court’s rulings in the
Daubert and Kumho Tire cases, the world of expert testimony has
been broadsided. In most state courts, the old tried and true Frye test
is gradually withering away. The big battle ground, at least for scientific
testimony, is taking place on the “rate of error” issue. There have been
strong challenges in Federal trial courts to fingerprint and handwriting
evidence. In the Hauptmann case there was powerful expert
handwriting testimony and expert “wood” evidence. None of it should
have been admitted into evidence under Frye. None of it could be
admitted under Daubert. However, more fundamentally, the evidence
lacked the basic standards of foundation to even get to the opinion
admissibility question.
The wood evidence was pure junk science. The expert
testified that he could trace the wood used in the ladder to trees grown
in the Carolinas, milled there and then shipped to a lumber yard in the
South Bronx. There is not enough space to set forth why this
“evidence” was ludicrous. Suffice it to say, there was no foundation laid
as to when the ladder as made or the age of the ladder wood. For all
the expert knew, the wood could have been forested in 1830 as
opposed to his assumption of about 1930.
The expert’s testimony that one of the rails of the ladder was
made from a board taken from Hauptmann’s attic is more complicated.
It has as much to do with possible police misconduct and chain of
Continued on page 11...

Fairness on Trial, continued
evidence problems as it does with opinion evidence. This issue is also
too complicated for a short article but I will point out two facts. First,
to believe that the ladder rail and the board remaining in the attic were
once joined, one must imagine a grain pattern in a 1.5 inch piece of the
board that is missing. Second, the attic board was “discovered” by Lt.
Lewis J. Bornmann of the New Jersey State Police. Bornmann had
moved into the Hauptmann apartment after the arrest. In the week
following Hauptmann’s arrest, the attic was searched nine times by
thirty-seven police officers, including Bornmann—and nothing was
found. Two weeks later Bornmann again searched the attic and this time
discovers that one of the attic boards had been sawed and a length
removed. Bornmann returns to the attic with the famous “rail 16" of
the kidnap ladder and, viola, we have the Lindbergh equivalent of the
magic bullet. When rail 16, is placed on the rafters its nail holes line up
with holes in the rafters. Oddly, Hauptmann was never interrogated by
police about the attic board and the Defense was never allowed access
to the attic. The house was decades old in 1932, but rail 16 showed no
signs that it had laid across joists for all that time nor did it have any
hammer or pry bar marks that would indicate how it was removed.
The main problem with the handwriting evidence was also
foundational. Hauptmann was interrogated for over twenty-four
hours without sleep. During this time he was asked to write over
and over various passages of the kidnap notes.This dictation lasted
for over four hours and included directions to misspell certain
words the way the kidnapper had misspelled them. The initial
opinion of Albert S. Osborne, the leading handwriting expert of the
day, was that Hauptmann was not the author of the ransom notes.
He changed his mind when he was told that ransom money had
been found in Hauptmann’s garage. At trial the handwriting experts
were allowed to give their opinions in ways such as this:
“Hauptmann might just as well have signed his name to the notes.”
or “The chances that anyone other than Hauptmann writing this
note are one in a hundred, hundred million.” (That would be 100
trillion or more people who ever walked the face of the earth by a
factor of at least 100.)
10. THE DIRECTED VERDICT. The most shocking trial
error in the Hauptmann case was the judge’s charge to the jury.
Here are just three of more than a half dozen examples of charges
by which the judge directed a verdict of guilty:
It is argued that the kidnaping and murder was done by a
gang...with the help of one or more servants. Now, do you
believe that? Is there any evidence in this case whatsoever
to support this conclusion?
It is argued that Dr. Condon’s testimony is inherently
improbable and should be in part rejected by you. But you will
observe that this testimony is corroborated in large part by
several witnesses whose credibility has not been impeached in
any manner whatsoever. Upon the whole, is there any
doubt in your minds as to the reliability of Doctor
Condon’s testimony?
The Defendant says that these ransom bills, moneys, were
left with him by one Fisch, a man now dead. Now do you
believe that?
People who attended the trial reported that the portions of
Fairness on Trial,
continued
the charge that are highlighted above were similarly highlighted
by the judge by the added emphasis and inflection in his voice.
Why does it seem that every time the government tells us
that a “lone wolf” commits a famous crime it seals the evidence and
wants us to take it on faith that it has told us the truth.
Much of the
controversy in the Kennedy assassination was created by hiding the
facts from the public for decades. This allowed conspiracy theorists
to make mole hills of discrepancy into mountains of doubt. The
Lindbergh case took a similar path. The investigative records were
sealed and not open to the public for almost fifty years. For what
possible reason could that be?
It would now be possible to DNA
test the wood in rail 16 with the remaining board from Hauptmann’s
attic. It would also be possible to DNA test the saliva preserved in
the glue of the ransom envelopes and the glue on the envelopes in
which Hauptmann sent letters to the Governor. Requests that these
tests be done have been made to New Jersey officials and they have
refused. Now why is that?

1.I have only listed ten reversible errors, there were several others. For
example: 1. Hauptmann’s attorney should have insisted on a translator.
English was a second language for Hautpmann. When asked a question
he would have to translate it into German in his mind before he could
give an answer. He could not think in English. This made him appear
indecisive at best or duplicitous at worst. 2. Another issue, unknown
to the defense at the time of the appeal, was that all of Hauptmann’s jail
conversations with his wife were recorded by he State Police. That fact
that nothing incriminatory was ever revealed in those conversations
between husband and wife lends some credibility to Hauptmann’s
claims of innocence. Anna Hauptmann spent the next sixty years of her
life trying to clear her husband’s name. 3. To get the jury in a hanging
mood, here are a
couple of comments made on summation by the
prosecutor. “He is the filthiest, vilest snake that ever crept
through the grass......And let me tell you, the State of New
Jersey and the State of New York and the federal authorities
have found that animal—an animal lower than the lowest form
in the animal kingdom, Public Enemy Number 1 of this
world—Bruno Richard Hauptmann:we have found him and he
is here for your judgment.” (David Wilentz)

Bullet hole

2.When, where and how the baby died was hotly contested. The autopsy
was grossly inadequate. It is one page long and no tissue slides or
photographs were made or preserved.
A hole in the baby’s head was
found by Dr. Michael Badin, in reviewing the records for a symposium
several years ago, to be consistent with a small bore bullet hole.
Had
the baby not been killed “in the course of “ the unlawful entry, even this
capital charge theory of the prosecutions case would have gone by the
boards.
3. Hauptmann never confessed to any involvement in the kidnaping. But
after being sleep deprived and beaten he did give conflicting accounts
for his alibi and he initially lied about how he got the ransom money.
This hurt his credibility, perhaps fatally, at trial. In a private conversation
with the grandson of a police officer who was at the police station
during the six days that Hautpmann was interrogated, the grandson
related to me that his grandfather once told him this: “The Gestapo
may have known how to get people to talk, but the New York City
Police were not far behind. If Hauptmann had known anything about
that kidnaping, we would have got it out of him.”
4.The trial judge was Thomas W. Trenchard. He was seventy-one and a
twenty-eight year veteran of the bench. He had a reputation for fairness,
even temperedness and compassion. That his trial rulings were upheld
on appeal, shows that he was applying the law of the times.
11
 

Hauptman refused $ 75,000

All attempts to win a confession from Hauptmann proved fruitless.  Samuel Liebowitz, the defense lawyer in the Scottsboro Boys case, visited Hauptmann's cell three times, trying to convince him that his only chance of avoiding the chair was in confessing. A newspaper promised to give Hauptmann's widow, Anna, and young son $75,000 if he would provide the paper with details of his kidnapping. Still, he continued to insist he was entirely innocent.

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America First:
the Anti-War Movement, Charles Lindbergh
and the Second World War, 1940-1941

David Gordon
History Department
Bronx Community College / CUNY Graduate Center

 Originally presented at a joint meeting of the Historical Society and
The New York Military Affairs Symposium
on September 26, 2003


             Democratic nations seldom go to war willingly.  The natural instinct of voters is to preserve peace whenever possible.  Aided by a free press, there is also never a shortage of those ready to suggest alternatives to conflict. Yet sometimes war is inevitable.  This is most obviously true when a nation is attacked.  For some there is no other legitimate reason for war.  Others believe that hostile intent on the part of other countries is also sufficient cause.  The legitimacy of this view, as well as the question of how one measures intent, can be the subject of much debate.  Such times are painful moments in the life of a nation.  The United States faced such a crisis during the first years of the Second World War.  Following the fall of France in the spring of 1940, some Americans wanted to enter the war on the side of Britain against what they believed was a Nazi threat to democracy everywhere.  The great majority did not. Yet most also believed Germany would eventually attack the United States.[1]  They therefore wanted to give Britain whatever it needed to survive, in order to preserve it as a bulwark against eventual Nazi aggression.

            The America First Committee, created in September 1940, was not only against entry into the war.  It also opposed aid.  Its program was simple.  Since the United States, if properly armed, was impregnable against German attack, there was no reason to help England.  Aid would not only fatally weaken America‘s own defenses. It would also draw the country into the conflict.[2]  The leaders of the AFC claimed they were motivated by concern for American lives.  For some, this was no doubt true.  For others, humanitarian rhetoric hid different motives.  Many joined the AFC as a way of attacking President Roosevelt and the New Deal.  Still others had more sinister reasons.  The evolution of the America First movement in the eighteen months of debate preceding Pearl Harbor revealed xenophobic and anti-Semitic sentiment both within the AFC leadership, and among its supporters.  This study of the America First Committee is thus a cautionary tale.  It is a reminder that anti-war movements are not always, or entirely, the humanitarian movements their supporters claim them to be.  But it is also a moral tale, asking an important question in international relations - that of what one democratic nation owes another in times of mortal danger.

 

            Americans had been largely indifferent to the beginning of Nazi dictatorship in 1933.  Opinion had begun to change only after kristallnacht, the first important anti-Jewish pogrom in Germany in November of 1938, and the occupation of the Czech lands the following March.[3]  By the summer of 1939, when war between Germany and the western democracies seemed inevitable, most Americans had assumed it would be a long struggle, in which a British naval blockade would eventually strangle Germany into submission.  Opinion in the United States was overwhelmingly in favor of staying out of the war.  At the same time, an October Fortune magazine poll showed 85% of Americans hoped Britain and France would win.[4]

            Assumptions about the course of the war changed in the spring of 1940.  The sudden collapse of France, arguably the greatest surprise of the European conflict, left England to face Germany alone.  An even larger number of Americans as a result came to believe Hitler would eventually attack them  They were more anxious than ever to make sure Britain would not lose, and wanted to supply the munitions necessary to preserve the last important democracy in Europe.[5]  Pro-British organization like Friends of Democracy, founded in 1937, and the Committee to Defend America by Aiding the Allies, created in May of 1940, enjoyed increased support.[6]  A more stridently interventionist group, the Fight For Freedom Committee, followed in April of 1941.[7]  Still, as late as November of 1941 only one American in four favored an immediate declaration of war.[8]

 

            This kind of anti-war sentiment was not enough to reassure America First.  Its leaders remembered how most Americans had wanted to stay out of the First War.   Wilson’s 1916 electoral slogan claimed “He kept us out of war.”  In the end none of it had mattered.  Less than six months after being re-elected, Wilson had brought the nation into the fight.  America Firsters were certain Roosevelt would do the same.  The greatest weakness of the anti-war movement before 1917 had been widespread sympathy for Britain and France.  It remained so in 1940.  The central task of the Committee therefore became to reduce support for Britain.  Building on the fears of the electorate, its leaders set out to convince Americans that aid was synonymous with war.  But America First did much more.  It claimed the nation could work peacefully and profitably with Germany.  It consistently minimized or ignored Hitler’s crimes in Europe.  At the same time the Committee’s unceasing criticism of the British Empire helped convince at least some voters that democratic England was not only an unworthy recipient of American aid, it was also undeserving of American sympathy. 

 

            The America First Committee initially had seemed only the latest and most extreme example of isolationist opinion in the United States that had grown up in the 1920s, and which had become stronger during the Great Depression.  There had been a widespread belief in America since 1919 that the country had gained nothing out of the First War. That this was not true had little effect.  The earliest important anti-war organization, the Keep America Out of War Congress, had been created in 1938 by Socialist Norman Thomas with the help of liberals like John T. Flynn, Oswald Garrison Villard, the former editor of the Nation, and Harry Elmer Barnes, revisionist historian of the First World War.[9]  Anti-war organizations on American campuses were similarly led by liberals, Socialists and Communists. The Committee itself had been created by two Yale students.  (One, Robert Douglas Stuart Jr., a 24 year old  Princeton graduate, and son of the senior vice president of the Quaker Oats Company, was a law student sympathetic with New Deal reforms.[10]  The other was Kingman Brewster.[11])  America First therefore appeared neither particularly conservative, nor pro-German.  It was not surprising that Thomas and Villard soon joined the executive board.[12] 

            However, most AFC supporters were neither liberal, nor Socialist.  Many simply wanted to stay out of the war.  Since many also came from the Midwest, an area never as sensitive to European problems as the east coast, isolationist arguments was soon buttressed by more traditional prejudices against eastern industrial and banking interests.   (Almost two-thirds of the Committee’s 850,000 registered supporters would eventually come from the Midwest, mostly from a radius of three hundred miles around Chicago.)[13]  Many AFC supporters were certain industry and the banks wanted war for their own profit.[14]  Many other supporters were Republicans who flocked to the AFC for partisan political reasons.  Still others were covertly pro-German.  Some were German-Americans whose sentimental attachments had not been diminished by the crimes of the Nazi regime.  Others, whether of German origin or not, were attracted to Hitler’s racism and anti-Semitism.

            Midwestern voters had long been suspicious of eastern elites.  The building of transcontinental railroads, organized by New York bankers and financed with British capital, had opened new markets for farm produce.  Yet dependence on them had also created fear and hatred in many farming states.[15]  By the 1890s, the struggle for a “cheap dollar” that would help farmers pay off mortgages, and which led them to support a silver and gold based currency, had brought them into open conflict with New York bankers anxious to preserve a gold standard.  William Jennings Bryan’s “Cross of Gold” speech had stirred many farming communities.  It had done little to advance their cause.  Farm fortunes had improved dramatically during the First World War, when J.P  Morgan and Company, as official British purchasing agent, had paid inflated prices for Midwest produce. But it was the subsequent collapse of farm prices after 1920 (when the  commodity price index fell from 205 that year to 116 in 1921) that was remembered in the decades before Pearl Harbor.[16]  The enduring anger this created would provide fertile ground for anti-British and anti-eastern rhetoric.

            Senator Gerald Nye of North Dakota was typical of those Western and Midwestern politicians who combined support for farmers  with hostility to the east.  As chair of the Senate’s Munitions Investigating Committee between 1934 and 1935, he had delighted constituents by questioning the patriotism of industrial and financial leaders like the DuPonts and J.P. Morgan.[17]  Convinced these same groups were again attempting to get America into war, he became one of Congress’s most eloquent supporters of America First. He was joined by Senators Burton Wheeler of Montana, William Borah of Idaho, Robert La Follette of Wisconsin, George Norris of Nebraska, Robert Taft of Ohio and Henrick Shipstead of Minnesota, among others.  All except Taft were Progressives who had supported much of Roosevelt’s domestic agenda.[18]  Some, like Nye, who wanted a reorganization of the Federal Reserve system for the benefit of farmers, had even found the president’s first New Deal too moderate.[19]  They now opposed his efforts to bring America into the war.  Like Nye, they were certain it would hurt farmers, while helping industry and the banks.  They also wanted to avoid helping Britain.  Some feared war would detract from domestic reforms. Finally, all had become suspicious of what seemed Roosevelt’s overweening ambition.[20]  The president’s decision to run for an unprecedented third term had troubled many.  That his decision had been made more acceptable because of the war crisis made them angry.[21]  They suspected the president was pushing the nation towards war primarily to get reelected.  Like Nye, many Progressive senators therefore turned against his anti-Nazi policies, and supported America First.

 

            The AFC found partisans in other quarters as well. Progressive senators may have helped  the Committee, but its most important supporters were a core group of Republican Chicago businessmen.  Chief among them was General Robert Wood, CEO of Sears, Roebuck, who had replaced the impossibly young R. Douglas Stuart as president of America First.  Wood had served during the First World War as acting Quartermaster General of the army.  After joining Marshall Field in the immediate post-war period, he later moved to Sears, Roebuck, eventually becoming president, and finally, in 1939, chairman of the board.  Like Nye, Wood had originally supported some of Roosevelt’s policies, including the AAA, the SEC and Social Security.  But he had rebelled against excessive taxation that he believed was undermining capitalism.[22]  Other Chicago businessmen, such as meat packers Jay Hormel and Philip Swift, and William J. Grace, head of one of Chicago’s largest investment firms, had never supported the president.  All became key Committee members.  Colonel Robert J. McCormick, owner of the Chicago Tribune, was the most influential of all.  A passionate Roosevelt hater and Anglophobe, his paper became an important disseminator of AFC propaganda.

            Ultimately, the Committee’s executive board contained a more diverse group  than even Progressives and Republicans.  Among them were Alice Roosevelt Longworth, Eddie Rickenbacker, Kathleen Norris, the popular novelist, Robert Maynard Hutchins, president of the University of Chicago, Lillian Gish, and, for a time, Henry Ford.  The leadership of the New York branch was even more diverse, with Norman Thomas and Charles A. Beard working with Herbert Hoover and Joseph Patterson, conservative publisher of the New York Daily News.[23] Clearly, the anti-war movement won the support of many humanitarians and pacifists, as well as others inspired by partisan politics, provincialism and bigotry.

 

            The leaders of the AFC had different political beliefs, but once they decided to work together, they began to sound remarkably alike.  Like their supporters in Congress, many believed war hysteria was being created to distract the public from the failures of the New Deal.[24]  The second collapse of the economy in 1937, widely regarded as the “Roosevelt depression,” had certainly hurt the president.  His prestige was at its lowest during the early part of 1939.  Precedent, as well as his failed economic record, had suggested that his second term would be his last.  Then came the war crisis, and the revival of his fortunes.  Many believed, in the words of John Flynn, that Roosevelt wanted war because he found it a “glorious, magnificent escape from all the insoluble problems of America.”[25]

            In order to defeat the president’s pro-British agenda, Committee members insisted the crimes of the western powers were as great as those of Germany.  Their arguments usually began with a formulaic denunciation of Hitler, without any serious examination of his actions.  This was followed by a detailed catalogue of the sins of the allies.[26]  Since the war initially was assumed by AFC spokesmen to be for the preservation of the French and British colonial empires, and not for the democracies themselves, they could claim that Britain and France were as least as great oppressors as Hitler.[27]  This argument, however, did not change even when the situation of the democracies became desperate.  Thus, Norman Thomas had insisted in 1939 that “French imperialism is … a curse to mankind, and that the anti-German phobia of the French did much to create the Nazi movement.” Yet even after June 1940 he would continue to turn his fury against Britain.  Senator Nye in the same period called the British empire “the very acme of reaction … and exploitation.”[28]  As late as July of 1941, with the Nazi invasion of Russia already begun, Robert Maynard Hutchins could still write that there were more victims of aggression before1939 than after.  These included “populations in Indochina, Africa, the Malay States, and especially, India.” General Hugh Johnson, former director of the National Recovery Act, also insisted that Britain’s sole war aim was “to maintain her dominant Empire position with her own kinsmen (as well as) over black, brown and yellow conquered and subject peoples in three continents.”[29]  One AFC pamphlet asked “when Britain is going to release the 30,000 political prisoners in India?“[30]  The verdict was clear.  The European democracies, tainted by imperialism, were not worth saving.  But it took a sly politician like Gerald Nye to strike the appropriate homely note.  “The conflict in Europe,” he said,  was not “worthy of the sacrifice of one American mule, much less one American son.”[31] 

            In making these arguments, America Firsters chose to ignore fundamental differences between the western empires and Nazi rule in Europe.  Hitler in the first six months of 1940 had overrun six democratic states.  He was determined to destroy democracy wherever he found it.[32]  His rabid hatred of Jews and Slavs was already having affect in Poland.  The Holocaust had not yet begun.  But the Polish educated classes were already being systematically destroyed, and Polish schools and universities permanently closed.  Jews were being ghettoized in horrific conditions.  Anyone interested could have discovered these things.  The French and British colonial empires were not democratic. But by the 1930s they had no central or consistent policy of slavery and mass murder.  Created in a earlier age uninformed by Wilsonian principles, they were moving, however slowly, towards more democratic government and greater respect for individual human rights. 

            The most important difference, however, was between the governments of France and Britain themselves, and Nazi Germany.  Britain and France (before Vichy) had both valued humanitarian ideals, which, however poorly honored at home and abroad, still assured the fundamental human rights of their citizens.  These, combined with a free press, had also come by the 1930s to mitigate the worst excesses of colonialism.  It was the British press that had made Gandhi a hero, and allowed his campaigns of passive resistance to succeed.  The 1937 Government of India Act had hardly satisfied members of the Congress Party anxious for immediate independence.  But it was a step towards democracy and self-government.  Hitler’s dictatorship repudiated both democracy and human rights. The Nazi empire was the arena in which Hitler’s master race philosophy was to be put into practice.  Censorship prevented the German press from exciting the conscience of the nation.  There could never have been a successful passive resistance movement against the Nazis.  The inability of members of the AFC to recognize this, especially men like Hutchins of Chicago, and Norman Thomas, is remarkable.

 

            It was fear - fear of war, and fear of Communism - that created this failure. AFC propaganda never sounded more genuine than when it warned about the effects of war.  America had entered the First World War late.  Casualties had been relatively light, and the country had emerged as the world’s industrial and financial giant.  This did not prevent the Committee leadership from being convinced another war would have a devastating effect on America.  Many thought it would destroy both democracy and capitalism.  The Chicago Tribune assured readers it would cost “four hundred billion dollars, a million deaths, and several million ruined lives.”[33]  John Flynn warned that “our economic system will be broken.  Our financial burdens will be insupportable… The streets will be filled with idle men and women.  The once independent farmer will become a government charge … and amidst these disorders we will have the perfect climate for some … Hitler on the American model to rise to power … .”[34]  The First War had led to dictatorship in Russia, Italy, and ultimately, Germany.  The lesson seemed plain. “If America goes to war, we shall inevitably have fascism in this country,” Flynn concluded.[35]   Robert Hutchins put it more simply. “The American people,” he wrote in Scribner’s Commentator in April of 1941, “are about to commit suicide.”[36]  Fear of war would drive America Firsters to increasingly extreme rhetoric.

 

            Charles Lindbergh was among the most extreme AFC spokesmen.[37]  He also introduced a troubling new theme into the America First campaign.  It was support for Germany.  Most AFC supporters opposed war.  Many had criticized Britain and France simply to balance the general American dislike of the Nazis.  To justify their position, they had noisily opposed British imperialism.  Some were also anti-English, but the England they hated was largely the City of London’s financial establishment.   Many America Firsters, like most Americans, still wanted Britain to win the war, even if they didn’t want to do anything to help.[38]  Very few AFC members discounted the importance of democracy and personal freedom.  Lindbergh, with what one critic called an  “Olympian contempt for all democratic processes,” did.[39]  Despite formulaic protestations about its “excesses,” he found much to admire in the new German state.  He also shared many of its leaders’ racial beliefs.  Lindbergh was not against war.  He simply opposed war with Germany. 

            Lindbergh’s opinions were not shared by all AFC leaders, or the membership.  However, he was the Committee’s most popular spokesman.[40]  His speeches were heard by hundreds of thousands within the movement, and millions outside. As such, he was the Committee’s most important asset, the one voice that was always assured a national hearing.   By the beginning of 1941 General Wood even began to hope Lindbergh would replace him as head of the Committee.[41]  Lindbergh would ultimately decline, although he would remain very popular with the leadership.  By choosing to serve with him, Wood and the others also chose to associate themselves, at least to some extent, with his beliefs.

            This decision would prove fatal.  Lindbergh gave voice to Nazi fellow travelers  and anti-Semites who were among the least worthy elements within America First.  They repaid him with enthusiastic support.  His appearances at Committee rallies were always charged with excitement.  But he also attracted to the AFC extremists and bigots who previously had been discouraged from joining.[42]  Popular to the end, his reckless rhetoric would fatally wound the Committee in the eyes of the nation.  Some members of the leadership would eventually repudiate him.  Most did not, and chose to follow him into the moral wilderness.  This decision would destroy the reputation of the AFC.     

 

            Lindbergh, like the rest of the Committee, had been driven by fear of Communism.  But while the others also feared for American democracy, Lindbergh was concerned about the future of the white race, and what he called “western civilization.”  That his definition did not include democracy soon became painfully apparent.  “Our bond with Europe is a bond of race, and not of political ideology,” he would insist.[43]   Neither did it include freedom for the smaller nations of Europe.  The great western nations, in which he included Germany, were the only ones of importance for him, since they alone demonstrated the industrial and technological superiority that he admired, and which he believed was proof of racial superiority.[44]  The only real danger to civilization, Lindbergh believed, was from lesser breeds, the “pressing sea of Yellow, Black and Brown” who were incapable of technological progress.  The Soviet Union‘s “semi-Asiatic hordes,” being the best organized and armed, were the most dangerous.  Long before the war began, Lindbergh believed he had found the means of defeating this threat.  It was Nazi Germany.[45]    

            Lindbergh had long admired German engineering, industry and “efficiency.“  He also believed these had improved under Hitler’s dictatorship.[46]  Best of all, Nazi Germany was the Soviet Union‘s greatest enemy.  Lindbergh had begun to worry even before the war that “the potentially gigantic power of America, guided by uninformed and impractical idealism, might crusade into Europe to destroy Hitler without realizing that Hitler’s destruction would lay Europe open to the rape, loot and barbarism of Soviet Russia’s forces, causing possibly the fatal wounding of western civilization.”[47] After the war began, he still hoped bloodshed between Britain, France and Germany, could be avoided.  In the Fall of 1939, with Poland already overrun, but with the western powers not yet engaged, he lamented that  “the heirs of European culture are on the verge of a disastrous war … which will reduce the strength and destroy the treasures of the White race … (and) which may even lead to the end of our civilization.”  Its preservation could only be guaranteed by a united “Western Wall of race and arms which can hold back either a Genghis Khan or the infiltration of inferior blood.”[48]  Since the war in Europe was between western nations, it was not only pointless, but suicidal.  Neither the freedom of Poland, nor the destruction of the Nazi dictatorship, seemed worth the struggle. Even after the invasion of Poland, he refused to blame Hitler for the conflict. “No one, not even Germany,” he asserted, “is more responsible for the conditions that caused this war than England and France.”[49]           

            This was pretty strong stuff.  Lindbergh’s racial beliefs were probably not very different from those of many Americans convinced by arguments about northern and western European racial superiority made in Madison Grant‘s The Passing of the Great Race and similar works.  But the emphasis he gave them, and the vulgarity with which he expressed himself, made some members of his audience, like some Committee members, uncomfortable.[50]  That his beliefs did not discredit him with a larger American audience says much about opinions in the period.[51]  Most members of the AFC leadership refused to denounce him.  Some agreed with him.  Others, like Norman Thomas, Oswald Villard and John Flynn were willing to go along in order to achieve their goal - the preservation of American neutrality.[52]  The unity of the anti-war movement, they were certain, was worth the sacrifice.

 

            The moral implications of Lindbergh’s position were not entirely apparent in January 1941.  What did seem clear was the need to remain united.  The Committee faced its most important battle - the debate over Lend-Lease.  The president’s previous changes to the Neutrality Act of 1937, which had originally prohibited America from selling arms to anyone in the European war, had reflected the mood of the nation.[53]  But Lend-Lease, Roosevelt’s proposal to provide arms to Britain without payment, was practically a declaration of war against the Axis.  America First was determined to stop it.  Burton Wheeler warned the Senate that “the lend-lease-give program is the New Deal’s triple-A foreign policy; it will plow under every fourth American boy.“  “Never before,” he complained, “has the United States given to one man the power to strip this nation of its defenses.“[54] 

            Lindbergh’s Washington testimony also received national attention.  “It is not the duty of the United States to police the world,“ he had declared.[55]   This would become a refrain taken up by men as different as Gerald Nye and Charles Coughlin, head of the anti-Roosevelt and anti-Semitic Christian Front movement.[56]  However, Lindbergh’s  stated hope for a negotiated peace rather than an English victory hurt him.[57]  The majority of Americans, contrary to AFC hopes, wanted to support Britain, even if it led to a much dreaded participation in the war.  Seventy-two percent, according to one poll, regarded “defeating Nazism” as “the biggest job facing the country;” 70% preferred war to Allied defeat.[58]  Most Americans still believed a declaration of war was not yet necessary.  But Lend-Lease was.  The bill was passed in March by 260 to 165 in the House, and 60 to 31 in the Senate.[59]  “This decision is the end of … appeasement in our land,“ Roosevelt had triumphantly announced.  It is “the end of urging us to get along with the dictators.  The end of compromise with tyranny and the forces of oppression.”[60]

            The Committee was to prove him wrong. America First had lost a battle   It was still determined to stay out of the war.  Its reputation as the country’s chief anti-interventionist organization had grown during the Lend-Lease debate. So had its membership.  New chapters grew up all over the country.  The Committee developed a mass following for the first time.[61]  The AFC leadership therefore remained optimistic.  The large margin by which the bill had passed only made them more aggressive.  Lindbergh was especially pugnacious.  By the summer of 1941 he was denouncing the president as a greater threat to peace than Hitler.  He ridiculed Roosevelt’s assertion that the safety of the United States depended on control of the Cape Verde Islands.  “Even Hitler never made a statement like that,” Lindbergh charged.  “Mr. Roosevelt claims that Hitler desires to dominate the world.  But it is Mr. Roosevelt himself who advocates world domination when he says that it is our business to control the wars of Europe and Asia, and that we in America must dominate islands lying off the African coast.”[62]

 

            Hitler‘s invasion of Russia in June increased Committee optimism.  The war at last had seemed to become what the Committee had always claimed it to be, a struggle between two totalitarian systems, in which one was destined to dominate Europe.  It was no longer necessary to dismiss Britain, as Harry Elmer Barnes had done, as an example of  “democratic dry rot.”[63]  The sins of colonialism were now forgotten.  The AFC now had a more useful opponent - Stalin.  The leadership was certain the Nazi-Soviet war would prevent the United States from entering the war on either side.[64]  John Flynn’s Should America Fight to Make Europe Safe for Communism? contained anti-interventionist statements from Herbert Hoover, Norman Thomas and Senators Taft, Clark, Wheeler and La Follette.[65]  But it was Lindbergh, as usual, who was willing to go further, and explicitly state his preference for the Nazis.  On July 1, 1941, only ten days after the German invasion of Russia, he was already complaining about “the murderers and plunderers of yesterday (who) are accepted as the valiant defenders of civilization today.”  “I tell you,” he continued, “ I would a hundred times rather see my country ally itself with England, or even with Germany, with all of her faults, than with the cruelty, the godlessness, and the barbarism that exist in Soviet Russia.  An alliance between the United States and Russia should be opposed by every American, by every Christian, and by every humanitarian in this country.”[66] 

            The effect of the invasion was not what the Committee had hoped.  Most Americans sympathized with the Soviet Union.  German support in the country was further reduced by the desertion of their erstwhile Communist party allies.  The Nazis more than ever appeared to most Americans the country’s most dangerous enemy.  The invasion also had a bracing effect on Churchill.  Up to the last the Soviet Union had supplied Germany with supplies that made the British blockade ineffectual.  The invasion had thus not cost Britain a potential ally.  It had cost Germany a real one.  It also had given England its first major partner in the war since the fall of France.  Despite the initial fears of many in Britain and America, Russia did not collapse.  The result was that Hitler seemed more vulnerable than ever.  American determination to oppose him increased.

 

            The summer of 1941 was a curious time for the AFC.  Pro-German elements in the country waited anxiously for Hitler’s blitzkrieg to succeed.  The majority of Americans, sympathetic to Russians defending their own country, hoped for a German defeat.  America Firsters continued to be troubled by the popular mood.  American concern about Britain was now joined with that for Russia.  This they feared could only strengthen interventionist forces.  That realization, combined with the passage of Lend-Lease, inspired a new tactic.  Previously, most AFC propaganda had been directed against Britain, its American friends, and the president.  The largely Protestant banking establishment, from J.P. Morgan to the Rockefeller controlled Chase National Bank, had been attacked without charges of bigotry.  Roosevelt had always been a legitimate target.  The Committee would now attack Jews.[67]

            The unstated charge was disloyalty.  Since Americans of undivided loyalty, Committee members reasoned, had to see that neutrality was the only rational course for the nation, pro-interventionists had to be working for alien interests.  Lindbergh had already suggested this.[68]  America First itself had been careful to keep those of divided loyalties out of its own ranks.  Neither members of the German-American Bund nor Communists, anxious to oppose war before June 22, had been welcome.[69]  Father Charles Coughlin’s Christian Fronters were also discouraged from joining.[70]  The Committee was now ready to apply its own high standards to its opponents.

            Anti-Semitism was the most inflammatory issue in the isolationist debate.  Jews had good reason to hate Hitler.  Their loyalty was suspect by some for that very reason.  Since most Americans assumed the country was safe from German invasion, American Jews, they concluded, were also safe.  Jewish interventionists could therefore be motivated only by a desire to help co-religionists in Europe.  To save them, Jews appeared willing to sacrifice American lives.  This to many seemed more than just a case of divided loyalties.   It was pernicious.  The fact that interventionist sentiment was strongest in the traditionally conservative south and southwest, areas of small Jewish population, had done little to change popular belief that Jews were leading the drive for war.[71]  (So great was the antipathy for America First in the south, and so complete the consensus in favor of support for Britain, that its few sympathizers had been intimidated into silence.)[72]  Interventionist organizations, fearful of being labeled the tools of Jews, had been careful to keep Jewish membership on their governing boards small.[73] The AFC, which since its creation had been careful to avoid appearing anti-Semitic, had the opposite policy.  General Wood had been very pleased when Lessing Rosenwald, a member of the Sears, Roebuck board, had joined the executive committee.  But Rosenwald had resigned to protest the presence of Henry Ford, and no Jews had been found to take his place.[74]  At a time when the Committee was being attacked in much of the press as a tool of Hitler, charges of bigotry had to avoided at all cost.[75]  That many American anti-Semites, anxious to avoid fighting Germany, had joined the AFC, made this task more difficult.  AFC chapters in the east from the beginning had struggled to keep out Christian Fronters.[76]  The Committee leadership was painfully aware they had not always succeeded.[77]  Jews in much of the world had become by 1940 a beleaguered minority threatened with mass murder.  Most Committee members, as people of conscience, did not want to add to Jewish tribulations.  Some AFC supporters had in the past occasionally expressed hostility to Jews.[78]  But they had kept these views private.  This reticence would now come to an end.

 

            Burton Wheeler, chair of the Senate Interstate Commerce Commission, announced in August of 1941 that he would investigate “interventionists” in the motion picture industry.  Most studio heads, he would soon be surprised to learn, were Jews.[79]  Gerald Nye, who accused Hollywood of attempting to “drug the reason of the American people,“ and “rouse war fever,“ was particularly hostile to Warner Brothers.[80]  Wheeler questioned why so many foreign born were allowed to shape American opinion, causing Roosevelt to observe that the Bible, too, had been written “by mostly foreign-born and Jewish people.” But the industry knew how to fight back.  It retained Wendell Willkie, the Republican party’s 1940 presidential candidate, as counsel.  He soon ridiculed the Committee into silence.[81]

            The Committee’s first overt anti-Semitic attack came in September.  Charles Lindbergh was its author.  More than a year earlier Thomas Lamont, senior partner of J.P. Morgan, had asked him to name the “powerful elements” he claimed were working for war. “We must not broadcast suspicions and accusations unless we have complete basis for the charges,” he had warned.[82]  Since then, the AFC situation had become more desperate. Lend-Lease had been followed by a more aggressive anti-German campaign.  On September 1 President Roosevelt had promised every effort to defeat Germany to prevent “Hitler’s violent attempt to rule the world.“ [83] On September 11, following a U-boat attack on the American destroyer Greer, Roosevelt ordered the navy to shoot on sight any German vessel threatening American ships or convoys.[84]  That same day, having previously been goaded by  Secretary of the Interior Harold Ickes and columnist Dorothy Thompson, who had called him a Nazi fellow traveler, Lindbergh struck back.[85]

 

Lindberg Des Moines

            “The three most important groups who have been pressing this country toward war,” he told a Des Moines audience, “are the British, the Jewish and the Roosevelt administration.  Behind these groups, but of lesser importance, are a number of capitalists, Anglophiles, and intellectuals who believe that their future, and the future of mankind, depends upon the domination of the British Empire …These war agitators comprise only a small minority of our people; but they control a tremendous influence.”  Of the Jews  he said “it is not difficult to understand why Jewish people desire the overthrow of Nazi Germany… But no person of honesty and vision can look on their pro-war policy here today without seeing the dangers involved in such a policy, both for us and for them.  Instead of agitating for war, the Jewish groups in this country should be opposing it in every possible way, for they will be among the first to feel its consequences.  Tolerance is a virtue that depends upon peace and strength.  History shows that it cannot survive war and devastation…  Their greatest danger to this country is in their large ownership and influence in our motion pictures, our press, our radio, and our government.”[86]  Lindbergh’s threat was obvious. Its most unfortunate aspect was his  (perhaps unconscious) paraphrasing of Hitler’s “warning” delivered in the Reichstag in 1939. “If international finance Jewry in and outside of Europe should succeed in thrusting the nations once again into a world war, the result will not be the Bolshevization of the earth and with it the victory of Jewry, but the destruction of the Jewish race in Europe.”[87]  Softened for an American audience, Lindbergh’s words were unmistakably, and uncomfortably, similar. 

            Press reaction was immediate, and explosive.  The Des Moines Register observed that “it may have been courageous for Colonel Lindbergh to say what was in his mind, but it was so lacking in appreciation of consequences - putting the best interpretation on it - that it disqualifies him for any pretensions of leadership of this republic in policy-making.”  The speech was “so intemperate, so unfair, so dangerous in its implications that it cannot but turn many spadefuls in the digging of the grave of his influence in this crisis.”[88]  The Kansas City Journal was more succinct. “Lindbergh’s interest in Hitlerism is now thinly concealed.”[89]  The isolationist Hearst newspapers were equally critical.[90]  Frank Gannett told General Wood his newspaper chain could no longer afford to be associated with the Committee.  Even the Chicago Tribune hastened to condemn the speech.[91]

            The response of the Republican national leadership was as severe.  Wendell Willkie called it “the most un-American talk made in my time by any person of national reputation.” Thomas Dewey said it was “an inexcusable abuse of the right of freedom of speech.”[92]  Even conservative Republican Robert Taft was no gentler, styling Lindbergh’s reference to “the Jews, as if they were a foreign race, and not Americans at all, a grossly unjust attitude.”[93]

            Lindbergh’s speech destroyed the unity of the AFC.  Norman Thomas, long troubled by Lindbergh’s bigotry, could stand no more.  He refused for a while to appear at America First rallies.[94]  Oswald Villard resigned from the Committee.[95]  John Flynn, although furious, remained.[96]  The anti-Semites in his New York chapter, he lamented, were “uproariously delighted,” and warned the task of keeping bigots out of the movement would now be much more difficult.[97]

            The majority of the Committee leadership was not troubled.[98]  Most even refused to admit the speech was anti-Semitic.[99]  The membership was equally supportive.[100]  While some had regrets about the tone, 85 to 90% of the letters received at national headquarters were favorable.  Robert Taft likewise refused to condemn Lindbergh entirely, citing the greater intolerance of organizations like the Fight For Freedom Committee.[101] 

            The AFC nonetheless had been severely damaged.  Its chief speaker was now roundly pilloried in the press.  Lindbergh was no longer the target of shrill interventionists alone.  Public opinion had turned against him.  The rest of the leadership, by supporting him, inevitably came in for a share of criticism.  The New York newspaper PM had already characterized a Lindbergh audience as “a liberal sprinkling of Nazis, Fascists, anti-Semites, crackpots and just people,“ in which the “just people seemed out of place.“[102]  This now seemed increasingly true.  America First appeared more than ever an organization of bitter Progressives, opportunist Republicans and outspoken anti-Semites.  Lindbergh’s remarks may have been satisfying to most AFC members.  But they offended mainstream opinion.  Discredited among the larger electorate, the Committee was further than ever from winning its battle for strict neutrality.

 

            The last months before Pearl Harbor were disappointing for America First.  On September 16 the U.S. navy began formal convoy duty, escorting British as well as American ships as far as Iceland.[103]  That same month Anglo-American negotiations were begun in Moscow to determine Soviet military needs.[104]  The president in October offered Russia a one billion dollar interest free loan to buy American military equipment.[105]  This was soon followed by a request to repeal key sections of the Neutrality Act, thereby allowing American merchant ships to be armed, and to enter combat zones.[106]  Congress quickly approved.[107]

            German reaction was equally swift.  On October 17 the destroyer Kearney was torpedoed while on convoy duty off Iceland.  Eleven sailors were killed.  At the end of the month the destroyer Reuben James was sunk, with the loss of 115 lives.[108]  Most Americans still refused to go to war.  This might have reassured isolationists.  But there was always the danger that additional attacks could change the national mood.  By the end of the year, some AFC supporters were apparently willing to do anything to stop the drift to war.