L_» T. -_SUaOC;Q. WKPNESDAY, OPT. 9. 1955 GOOD BVEHIHG .EVERYBODY: The Mills of Gods are grinding smaller and smaller for a man who has "been waiting eight months in the death house of the penitentiary at Trenton, Mew Jersey, ^Bruno Richard Hauptmanir^"""^ advanced one stage closer to the electric chair today. The judges of the Mew Jersey Court of Errors and Appeals decided against him. All fourteen members of the Court, nine professional judges and five laymen, were unanimous. His trial was fair, they say; his conviction justified and there was no error in law on the part of Mr, Justice Trenchard. Not a jot of evidence admitted against the man. that should or might reasonably have changed that Flemington jury*s verdict says the higher court. 3o there will be no second trial for Convict Number Seventeen Thousand, Four Hundred, as he is known in the grim house on South Broad street in Trenton, That is, unless the Supreme Court of the United States intervenes. This puts a quietus on much painful argument. Despite the emphatic verdict of guilty brought in by that jury of Hunterdon LEAD - 2 Country New Jersey, a lot of people have been dissatisfied.^-#ome -t£ji Ms ,-1 0s:e® o:®: Jwryneighbors have expressed themselves as un­ convinced. iheir attitude is that Hauptmann undoubtedly had the Fifty thousand Dollar ransom paid over by Dr. Jafsie Condon, acting for Colonel Lindbergh. But, they say, they cannot believe that he,alone and unaided, climbed into the Lindbergh house near '7rSd-'& Hopewell on that frail ladder, andfr unaided snatched the child from A his little bed.1* Such has been the burthen of conversations I have heard and overheard every time I* ve been anywhere near Flemington since that sensational and fantastic trial. And only recently Hauptmann*s former leading counsel, Edward J. Reilly, wrote an article for LIBERTY, in which he restated his belief that the man who used to be his client was at least innocent of the murder. But it becomes difficult for any doubts to survive in the face of this decision by the Court of Errors and Appeals. Jersey, with rare wisdom, includes five laymen xn the membership of that important tribunal. j.his is designed to minimize the chances of decisions on purely technical, legal hair-splitting grounds^Furthermore, the judges of that Court have LEAP. - 3 given the utmost thought and time to their decision. The case was iirst presented to them in June. They had a complete record of the trial, more than a million and a half words. -------- <3 ------ Actually, Hauptmann has three more chances for his life. His counsel might appeal on the ground that new evidence has been discovered. Or else they could appeal to the United States Supreme Court. For that they will have to show that Hauptmann's constitu­ tional rights were violated at the .trial in Flemington. And this is what the present leader of his defense, Lloyd Fisher, intends to do. So he said^after listening to the Court's decision. That, of course, will prolong this grievous case for many more months. The question whether Hauptmann's constitutional rights were violated at the trial was among 'those put up to the Hew Jersey Court of Errors and Appeals. As we have seen, it was answered with a decided "Ho". If the Justices of the United States Supreme Court return the same answer — and they may, indeed decline to review the Jt case - the last resort will be to the New Jersey Court of Pardons. However six members of that Court are also members of the Court of Errors and Appeals. And the best they can do will be to commute LEAD - 4 the death sentence to imprisonment for life. Observers have pointed out that this has seldom been done. The iron face self-controlled German was not present when todayfs decision was read out. The news was conveyed to him in the death house by Lloyd Fischer. From all accounts, he received it with the same rigid lack of expression that marked his behavior il throughout the trial SCHULTZ We thought we'd heard the last of Mr* Arthur Flegenhelmer, popularly Known as Lutch Schultz. But we thought wrong* Though one jury disagreed about him, and another acquitted him. Uncle Sam A new indictment was returned against him this afternoon by another Federal Grand Jury, and Dutch will ha*ve to stand trial again. the charge against him is the same, dodging.his income tax. Actually the new indictment avoids the old grounds that were gone over the last time he faced a jury. It accuses him of having filed no returns and paid no taxes on a sum of nine—hundred—and-twei odd dollars that he made from 1929 to 1931. If he,s convicted he is still determined to get that former Bronx beer baron1s scalp. There are ten counts in the nev/ indictment. Substantially COMMUNIST6 The American Federationcf Labor has made a sharp retort to the boasts of the Comintern, the Communist Internationale. You may remember that in August there was a Communist Congress in Moscow, Red delegates from the United States were bragging of the progress they feafitK had made over here and of the methods by which they were ’’boring from within,11 especially within theAmerican Labor Unions. delegate. E. M, Curry, president of the International Brotherhood of Foundry workers was formally expelled today at the A.F. of L, convention in Atlantic City. Ihe Labor chiefs say this expulsion is the first of a series. They are going to purge their of all Red members and sympathizers. Mr, Curry has made no bones The reply of the A.F. of L. was to kick out a Communist about his Red A. A A Comnmni st ticket in 195S Mussolini won a victory today and it wasn^t in Africa, It wao at Geneva in the Assembly of the League of Nations*no less. Incidentally, it was amxMp a pailful of cold water in the faces o John Bull and France. The delegates of two countries stood right up and said: H a /n 14ft- ** "Count us out in this sanetions-against-Italy Those two countries were Austria and Hungary.! To be sure, their sympathy for Italy does^t mean what it would have meant twenty years ago. At the same time, it does mean that there are two lands close to Italy from whom the Duce can obtain supplies. It was a dramatic moment at Geneva. The hall was Jammed to the doors. The Czechoslovakian, Dr; Benes, President of the Assembly, had opened the proceedings.by reading the report of the Council, the report which called for the imposing of sanctions upon Italy. Dr. Benes then Invited discussion,and^,tap got it. He i —---- 7 had hardly finished beforej Baron Pflugljarosc to throw that bombshell into the midst of the otMfer delegates.Tf"Austria", he said, "cannot concur." added: "We are loyal to the pie but we cannot forget that at a crucial moment in Austria’s history GENEVA - 2 it was Italy vvho did most to preserve our integrity .11 He meant. of course, the prompt action of the Duce when the Nazis assassinated Chancellor Dolfuss and tried to capture Vienna. The Duce, as you will recall, swiftly moved a strong force of troops to the souther border of Austria, ready to take instant action in case it was iary yHi Ba: necessary£y Baron Pflugl was followed shortly by the delegate from Hungary, who echoed his neighbor's sentiments In somewhat milder terms .1 Back home in Vienna it was admitted that the Austrian Govei’nment had authorized this step not without considerable misgivings. Italy put Austria in an awkward and politically embarrassing situation. However, that situation was embarrassing to begin with. For one thing, Italy buys more Austrian products than any other country. And it's pretty tough to be required to vote against somebody who has not only stood by you in a crisis. but Is also your best customer. However, this will not materially alter the outcome of tomorrow's voting. It is manliest tnat the League In full 1 assembly adopt the report of its Council by an overwhelming majority. Nevertheless, the unexpected and stand made GENEVA - 3 by Austria and Hungary promises to make the proceedings exceedingly lively and theatrical. Baron Alois#, the Duce*s representative at Geneva, has announced his intention of speaking up for his country. Today he confined himself to protesting against the /? /7 process of rail reading^ the Councils report. He objected to the silent vote and claimed that every delegate who voted should get and spea^ his mind. He certainly intends to speak his, which fl#, the Duce1 s. As to the African front, there’s not much change. Mussolini's generals are bringing up more troops from Eritrea. They are now fighting on a wider front, and perfecting the £ xjh process known as consolidating their gains. General DeBono, the Commander-in-Chief, went up to the front lines in person to inspect his advancing divisions. Communications from the scene of war indicate that Italy’s armies are moving with a measured pace^ but irrisistitle force of a steam-roller air the Ethiopians’ holy city A A of Axum.. As fast as the advance guard captures a new strip of territory, the engineer battalions follow them, building roads and bridges. Swift movements between Aduwa and Axum are impossible. 1 I QMM. A - 4 as there is just cue lofty mountain pass after another, We*ve been having the report that they had already occupied Axum; not confirmed by Rome. But, they are bombing the sole railway line to Addis Ababa. Earlier in the day we heard reports of a sudden dash by an Ethiopian division, which was supposed to have captured Ad.'grat, The truth, however, seems to be that this attack was repulsed by a withering fire from Italian machine guns. Apparently American manufacturers don't intend to let President Roosevelt's neutrality proclamation cost them their market in Italy, They have announced that they are prepared to sell to either Italy or Ethiopia, provided those governments will pay cash and arrange for delivery. Vs though in response to this, the secretary of the Navy made an announcement today. Mr. Swanson says that Uncle Sam's neutrality in this situation will be backed up by his warships. We'll fight to keep out of a fight if necessary- I guess. GENEVA - 5 At the same time, we learn that more British ships have arrived in the Mediterranean and that two of John Bull's destroyers have just cast anchor outside Athens - at Pireaus. Then again ?/e hear about movements of troops in the Sudan, John Bull rushing more soldiers, supplies and ammunitions to the Libyan frontier, right up to the border of Italian territory in north Africa ETHIOPIAN Haile bela^sie’s army will get a reenforcement if a gentle­ man now in California has his way. This gentleman is a subject of the King of Kings, born in Ethiopia. His name is Corporal Johnny Wilson. liti—11 J;;rrrtttTn'rrpl?»-^ in Hairrar, Haile Selassie's own home town. He earned the rank of corporal by serving with Uncle Sam's army in the World War, But after the war was over, to use his own v/ords, he had a little difficulty with the Government. So the part of California in which he is residing is Sbtx San Quentin. Corporal Johnny has written a letter to the Ethiopian Consul in New York. He wants to do or die for dear old Ethiopia*. He is willing to serve either in the army or the air corps. So far as the Department of Justice is concerned, it's all right with Uncle Sam. Johnny can go back to Ethiopia and fight if some­ body will pay his fare. REINHARDT A great event in show business will take place tonight, the first performance of a Shakespeare play in the spoken cinema. Under the auspices of the English-Speakihg Union, Max Reinhardt»s production of "A Midsummer Night fs Dream,11 will be shown to the public simultaneously in the Hollywood Theatre, New York, ux the Adelphi in London, like in Vienna, Paris, and Sydney, Australia. There1 s-ne—e 3^— I understand that In New York, first-night seats are selling for fifteen dollars apiece. Never in the history of the theatre have people paid 3 that much to see a Shakespearian performance^ To Shakespeare fans world in general, and to people of the show particular, this production will afford an especially interesting test. For all that we profess to love Shakespeare, our love has been pretty much dissembled when it came to shelling out money at the box office. And "The Dream," as it is known among theatrical folk, has always a been^notoriously a poor money-maker. Some twenty years ago Max Reinhardt showed America his production of "A Midsummer Night's Dream” on the spoicon stage. _ BBXMHAKPT - 2 The unanimity of* the critics in praising it was equalled only by the unanimity of* the public in staying away. However, all the newspaper people who’ve seen previews of this spoken film version are almost lyrical in their enthusiasm for it. Hot only newspaper men, but all others who have seen it. They say that it is given as Shakespeare wrote it, plus the full score composed by Mendelssohn. So, we shall see what .ve shall see. The producer has just been welcomed to America at a great banquet at the Waldorf by the City of Hew York. Mayor La Guard ia, Dr, Albert Einstein, and Max Reinhardt himself, spoke. Dr. Reinhardt took occasion to announce that he is becoming an American citizen, also that he is going to move his famous annual Salzburg festival to America; and he told me this after­ noon that he may stage it on the outskirts of Hew York, Once again, as in the case of Dr, Einstein, we can, thank Hitler for making us a present of a new and distinguished citizen. HESPERUS Here* a trie 'no st curious case I’ve ever heard, of history repeating itself. Some will remember the famous Longfellow poem of which one stanza went as follows: "And fast through the midnight dark and drear, Through the whistling sleet and snow. Like a sheeted ghost, the vessel swept Towards the reef of Norman’s Woe.” Yes, from that famous old Third Reader poem, "The Wreck of the Hesperus”. And, last night that drama was enacted all over as:ain; and, here's the curious part of it, on that very same part of the Massachusetts coast. The "Hesperus'1, a Gloucester schooner, ran aground off North Truro, near the Highland light. All night and all day she was pounded by the heavy seas whipped up by a fifty mile gale. Her seams parted, her hold filled, her auxiliary engine was cripoled. Once again, it seemed, the "Hesperus” was doomed to perish with all on ooard. hut this time there is a happier ending to the affair. Other schooners of the Gloucester Fishing *leet came up in time and rescued all of the wrecked vessel's crew of twenty—seven* And the 1 on g arm of coincid en c e en •„ sr ed in an o th e r HESPERUS - 2 detail. "he home port of this HESPERUS is only a few miles from Homan's Woe, the reef mentioned in Longfellow's poem. And I'll look like the wreck of the Hesperus if I don^ hurry and say -- SO LONG UNTIL TOMORROW.