THE DETE01 f JEWISH CHRONICLE
last year. As the time neared the
JEWISH CONSPIRACY
counsel requested further post-
QUESTION IS RAISED Ford
ponement. Judge Tuttle said:
IN FORD LIBEL SUIT! "'I am disposed to make a compro-
Continued from Page One)
Judge Arthur J. Tuttle. The circum- •
stances of Judge Tuttle's withdrawal
have never been published. It is in
Judge Tuttle's court room that Fed-
eral Judge Fred J. Raymond of
Grand Rapids is hearing the case.
"Mr. Sapiro filed in April, 1921,
his declaration alleging libel, citing •
21 .counts, which were based upon •
141 excerpts from the Dearborn In-
dependent. Mr. Ford's lawyers, led
by Clifford B. Longley, general noun
sel for the Ford Motor Company, re •
quested postponements to prepare
their case. Judge Tuttle said post
ponement to September, 1926, wouli
be the last he would grant. That wa.
' Dine at the Finest Cafe 'Mid
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KING
WAN LO
CAFE
118 MICHIGAN AVE.
West of Kinsel's
mise between you and Mr. Gallagher
(appearing for Sapiro. You ask for
additional time. Mr. Gallagher wants
Mr. Ford to appear as a witness. Now
I promise you that if Mr. Gallagher
requests to have Mr. Ford I will get
him here, however difficult it znay bo.
But I should prefer to have things
I roceed in a peaceable manner. So
if you will agree to have Mr. Ford
come here of his own volition, I Yell
grant another in months' extension.'
"7 here me several hearings aftor
that, but the upshot was that Ford':
counsel were not satisfied with the
offer of Judge Tuttle. Finally the
:additional postponement was granted,
but there was a furore in court when
an affidavit was offered in which
Henry Ford maintained that he could
not get a fair trial from Federal
• te
' utt
"Under the Michigan law this au-
tomatically would disqualify the
judge from trying the case. 'I he
newspaper men tried to get the affi-
davit, or a copy of it, but it was held
out al the hies by the clerk of the
court. Finally Judge Tuttle with-
drew from the ca-e of his own will
and the affidavit was withdrawn, the
records appearing as if it had never
been filed.
"In fact, the only thing now to sug-
gest that this ever occurred is a line
drawn through an entry un the clerk's
record. There was never any publi-
cation of the incident."
Several of the nation's notables
will appear either as witnesses as
counsel. Besides United States Sen-
ator James A. Reed, Ford's counsel,
witnesses who will appear, unless it is
decided to use their depositions, in-
clude former Governor Frank Low-
den of Illinois, mentioned as a Re-
publican Presidential possibility, and
Bernard M. Baruch, hanker.
Jewish Issue Excluded.
, Aaron Sapiro's request to be per-
We have a reputation to ' milted to insert a new paragraph in
Sapiro's declaration in his libel suit
live up to—a record of against Henry Ford was denied by
service. Parties and ban- Judge Fred M. Raymond. William
Henry' Gallagher, Sapiro's counsel,
quets of any size satisfac- counsel, said the new paragraph set
torily accommodated with forth that because of previous publi-
cations of the Dearborn Independent,
private rooms.
the term Jew as used in 21) articles
alleged to contain libel was a term of
, scorn. Judge Raymond held /he par-
' agraph brought no new charge of
libel but was intended to widen the
For Reservations
scope of evidence which would be ad-
mitted. Ford's counsel objected to
Ask for Mr. Woods.
the inclusion of the paragraph, say-
ing it would change the whole issue
of the case. Mr. Gallagher argued
the paragraph added to the declara-
tion but was only an interpretation.
Stewart Ilanley of the Ford counsel
said there was no question in the case
of a Jewish conspiracy but the issue
was Mr. Sapiro and his activities.
"We admit we said Mr. Sapiro was
a Jew," Senator Reed stated, "but
Dancing Hours Daily-12 to 6,
we contend it was no reflection on
6 to 8 and 9:30 to I.
him to call hint a Jew. We are not
attacking the Jewish race."
Mr. Gallagher replied that Mr. &-
pint was referred to as a member of
"organized Jewry" and "organized
international Jewry."
Judge Raymnod in his ruling said:
"The libels charged do refer to a
Jewish conspiracy — take that
back—they to not refer to a Jewish
PHONE CADILLAC 5074 conspiracy in NO many words but as
explained in the innuendoes they do
refer to a Jewish conspiracy. I don't
think the plaintiff's right will be
jeopardized to for as the scope of
Announcing Twelfth Street
proof is concerned by not allowing
.
them to amend."
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No Jew or Klansman on Jury.
Counsel in Aaron Sapira's libel
suit against Henry Ford weeded from
the jury box two Jews, a former
member of the Ku Klux Klan, a
woman challenged by the plaintiff on
"a hunch that she was hostile," and a
farmer who declared himself a reader
of and believer in the Dearborn In-
dependent, filled the vacancies with
mutually acceptable substitutes and
announced at 1:05 o'clock Tuesday
afternoon their readiness to proceed
with the trial. As selected the jury
is made up of six men and six women.
Six women and sis men were in the
jury box when United States Senator
James A. Red, chief of counsel for
Ford, and William Henry Gallagher
speaking for Sapiro, said they were
contented with the jury as thus or-
ganized.
Woman's Name First Drawn.
'1"41114
zeMtpatig,"
Klan at one time. Garrison said it
was only for two months and that he
joined out of curiosity and to please
a neighbor.
"Just to peck behind the hood,
eh?" suggested Gallagher.
"That's it."
"You knew when you joined, of
-.arse, that the klan considered a
Jew an undesirable citizen of the
United States?"
"1 es, I did.-
among tither discoveries made
after Garrison affiliated himself with
the hooded herd, persuaded him, Gar-
rison said, that the klan's views and
his own opium ills wer• a; variance.
"'I hat is t say, you don't believe
in race or cater prejudice?"
"No, I don't."
Louis Capin, another Jew, said he
believed he could weigh the evidence
without rancor. Ile knew of Ford's
attacks on his people, I , aid, but he
ebdined it would have no influence on
his deliberations.
"You have n I pride of racy?" sug-
gested Senator Reed
"Well, I a mprouil I ant a Jew,"
said Mr. Caplan, "but I still believe
I could be impartial."
Use Peremptory Challenges.
.
The court excused Greenberg but
refused assent to challenges for cause
against Caplan and Garrison. The
plaintiff challenged Garrison on ac-
count of his Man affiliation and Sen-
ator Reed challenged Caplan and told
the court that in view of the nature
of the case, he believed that venire-
men of the Jewish faith should be
considered automatically ineligible.
Judge Fred M. Raymond could not
see it that way. Neither would he
excuse Garrison, and each site used
one of its peremptory challenges to
remove the two men they deemed un-
desirable.
David Carr, a retired farmer of
Wayne county, was excused by the
court when he acknowledged that
what he had read as a subscriber to
the Dearborn Independent had given
hint a fixed opinion on the merits of
the present action.
The jury, as finally accepted, con-
sisted of the following: Anna M.
Konen, housekeeper, 1539 Twenty-
second street; Herbert Schoenhals,
hardware merchant, Chelsea; Carl P.
Haag, retired drug store proprietor,
735 West Bethune avenue; Amor N.
Duart, accountant, 1935 Burlingame
avenue; Charles T. Daly, farmer, Wa-
terloo; Mrs. W. C. Hofmann, house-
wife, 5158 Fourteenth avenue; Grace
L. Stiles, widow, 8710 Dumbarton
road; Anna C. Brown, housewife,
Farmington; Mrs. Grace A. Jewel,
corseteer, 1205 Macomb street, and
Emtna Clarkson, housewife, Ann Ar-
bor.
Begins Opening Statement.
Sapiro himself appeared in court
fodr the first time Tuesday morning.
Gallagher began his opening state-
ment to the jury immediately.
"No one needs to tell a Michigan
jury who Mr. Ford is," he said, b u t
I wish to tell you something about
the Dearborn Publishing Company.
"If you do not know it, that pub-
lishing company is the creature of
Mr. Ford, his mouthpiece and spokes-
man, and we will Eder sufficient proof
that from the day of its beginning it
has been put forward ns a Henry
Ford effort to enlighten humanity.
"It is quite unlike any publication
of its kind. It carries no advertising
because Ford says it shall carry none,
NO it finds itself unable to go along
on what it can earn by subscriptions.
It runs behind an average of $2513,-
to $300,000 it year, and at the time
this suit was filed, the Dearborn Pub•
fishing Company owed the Ford Mo-
tor Company $2,000,000.
"Never lose sight of the fact that
Henry Ford stands behind it, gives
his thoughts to it to appear on his
Henry Fard page, and is responsible
fur the thoughts which appear in it."
Gallagher did some interpreting of
libel. He said the Independent had
a perfect right, as the jury had or
the judge had, to disagree with the
principle of co-operative marketing
generally or the so-called Sapiro plan
of marketing specifically, but he de-
clared the right of fair comment had
its limitations.
Amenable to Law.
"Such continent must confine itself
to principles, or any features of
them," he declared, "but in this case
the publication stepped aside from
fairness to make a personal assault
on the character and motives of the
individuals involved in the efficacy of
the plan with which it disagreed.
When one does that, one is amenable
to law, if the assault is groundlessly
made."
Gallagher said that the Ford in-
terests very probably would contend
that they had a public to serve, that
what they were told of Sapiro's meth-
ods they felt duty-bound to pass on
to the fernier.
"It will be for you," he said, "to
determine what duty this non-farm
publication out to the farmer. It
will be for you to decide whether this
series was printed because conscience
prompted it or whether it was used
because there was malice and venom
in the heart of the man who set the
publication of these article in mo-
tion."
Counsel said it would be shown
that malice, spite and ill will played
a stronger hand in the printing than
any ebullience of conscience.
Henry Ford Will Appear.
"Mr Sapiro," said Attorney Gal-
lager, framed the California work-
men's compensation law and estab-
lished the validity of it before the
State Supreme Court."
Gallagher had just begun to con-
nect Sapiro with co-operative market-
ing when court adjourned.
Counsel fur Ford notified the court
that Mr. Ford would present himself
in court whenever called. It is ex-
rected that he will be examined not
:Monday. The first witness Called Will
he William J. Cameron, editor of the
Dearborn Independent, and Fred
Black, business manager of the pub-
lication.
Taking of testimony will not start
until Thursday, probably. Wednes-
day will be required, it is believed, to
get the statements of counsel out of
the way.
PEACE CELEBRATION
DINNER SIGNIFICANT
FOR AMERICAN JEWS
— —
Continued tram Page One)
selves and future generations, and
could help their brethren suffering
under adversity and oppression in
other lands. Upon his seventieth
birthday all those who had worked
with him recognized whole-heartedly
that in such work he has been and is
the leader whom they will gladly fol-
low. lie has shared the aspirations
of his fellow-Jews, he has led them
wisely and well towards the realiza-
tion of these aspirations.
"Though Mr. Marshall has not
been a member of the Zionist organ-
ization, yet he has shared in that love
which the Jews since the dispersal
have given to Palestine, the home-
land of their fathers, the country
from which came those spiritual
truths which have been the great con-
tribution of the Jews to the light of
the world. We Jews who cannot even
imagine any home or country except
America, whose devotion to America
is whole-souled and entire, yet know
and appreciate the longing of the
Jews who have no home or country
they may call their own, to return to
the country of their fathers. To build
up that country so that as many Jews
as possible may find there a home and
opportunity to live their own lives,
to build up again their own culture,
to practice freely their own religion,
without interference with or by the
other inhabitants of the country, is
it noble task.
"For that task there should be ear-
nest co-operation among all who are
willing to share in it, just as there
, houll be co-operation in all sound
civic, social, religious and philan-
thropic work here and in relief work
among those who need our help in
other countries. Divisions between
us, which to many seem unnecessary
and which we all know are harmful,
have until now impeded such co-oper-
ation. Time and effort which should
have been given to great causes have
sometimes been lost in strife. Those
who were worthy of being leaders in
Jewry have always deplored these di-
visions and have been eager to end
them.
"They have been ended, I hope, for
ever. A few months ago Dr. Chaim
Weizman, leader of the World Zion-
ist Organization, came here and
urged that with full understanding of
the importance of all the work which
Jews here should do not only for
Palestine but for their fellow-citizens
and fellow-Jews in this country and
for the oppressed and perishing breth-
ren in other countries, there must
come full and honest co-operation, so
that such work should be worthily
performed. Both Dr. Weizman and
Mr. Marshall have vindicated their
title to real leadership by coming to
an agreement which all those who
acknowledge their leadership will
heartily and sincerely ratify, so that
harmony resulting in effective work
in all directions may take the place
of dissension.
"As a first concrete step towards
effective work together, it has been
decided that a commission shall be
sent to Palestine to prepare an au-
thoritative, unbiased report whit
will, we hope, be the basis of a defi-
nite program of work in common for
Zionists and non-Zionists.
"Difference of opinion must and
should exist in any body or group of
men, but difference of opinion should
be based only on principles and not
on lack of understanding or sym-
pathy. The true leader emphasizes
points of agreement and builds up
from them. That is what Dr. Weis-
mann and Mr. Marshall have done,
and that is why they deserve all honor
which we can give them.
"The dinner which their friends
will tender to them on March 22
should be more than a tribute to them
of affection and esteem. All who
come to that dinner should come
there to show that they sincerely rat-
ify the agreement of these leaders.
It should be the occasion of honest
resolve by the Jews of America
henceforth to work together for the
advancement of all work which we
in the land of freedom and oppor-
tunity can and should do. Sharing
to the fullest extent the aspirations
and ideals of our fellow-citizens here,
eager to perform in fullest and finest
manner our duties as citizens, we
also share, as we have always done,
the aspirations and ideals of our fel-
low-Jews elsewhere, and we should by
eager to perform in fullest and finest
may our duties as Jews working to-
gether to make all these aspirations
and ideals firm realities."
Judge Lehman, as the spokesman
of the tribute committee of 55, which
includes both Zionists and non-Zion-
ists, will introduce the two honor
guests, who will be the sole speakers
of the evening. The gathering will
be made up of several hundred men
and women, making up a wide repre-
sentation of Jewish interests of every
kind in many cities throughout the
country.
It was selected with little quib-
bling. There is a large number of
women on the current federal !tenet.
•The first name out of the box was
Mal, I Mrs. Hannah Abel, 6215 Rohns ave-
nue. The names of three other wom-
en were drawn in the first 122. They
were Mrs. Grace Stiles, a widow',
710 Dumbarton road; Mrs. Charlotte
Sherrard, 55 Lake Shore road, Grosse
MANUEL URBACH
, Pointe, and Anna M. Konen, 1539
Granite and Marble.
Twenty-second street, formerly a
, clerk in the County Bottling.
Also in the original drawing were
1.01.1i3 Caplan, 1539 Lawrence are-
' nue; Isaac Greenberg, 526 East Kirby
Now in our New Location
avenue; Jay B. Garrison, Jackson;
7723 TWELFTH STREET Charles J. Daly, a farmer, of Water-
loo; Amor N. Duart, 19:15 Burlin-
Euclid 7192
game avenue; Carl P. Haag, 735
West Bethune avenue; Ernest Schwe-
■ im, Farmington, and Herbert Schoen-
hals, Chelsea.
• Mrs. Sherrard was excused by the
Outlines Sapiro's Life.
court when she said that she had been
Senator Reed interrupted at this
a club acquaintance of Mrs. Henry point to object to Gallagher expound-
Ford for some 10 day's and said she ing the IOW of libel and Judge Ray-
I I_t I
would feel some embarrasment in mond reprovingly told Sapiro's coun-
sel that he should confine himself
serving.
.»T unnuust,.11 ,/
Greenberg, an Orthodox'sfii . •, said more strictly to telling the jury what
that he thought attacks un his race the plaintiff promised to prove.
Is tr.
"Mr. Ford, continued Gallagher,
were unjust.
0)
"Do you read the Dearborn lade- "had the right to attack a race of
people,
and they had no redress. lie
nendent?" Senator Reed asked Green-
Selec-t Dancing Nightly
could to this as lung as he liked with-
berg.
nut
exposing
himself to punishment,
"Two year= ago I used to read it,
but I don't any more." Gheenberg re- but just as soon as he made one indi-
vidual
the
butt
of his attack on •
plied.
Particular People Prefer
"If it is shown in this case that se- race. he laid himself open."
the Palais.
Counsel
was
in
the midst of a Sa-
vere attacks were made on the Jewish
race, that wouldn't sit well with you, piro biography when court adjourned.
Strictly Censored. Highest
The
Chicago
lawyer,
he pointed out,
would it?"
Standard.
"I wouldn't like it, but I think I was born in San Francisco in 1884,
Palais Musucians — The Bud
one
of
seven
children.
His father
could be fair."
You Love to Deuce With.
Mr. Greenberg grew a bit irritated was killed in an accident and four of
the
children.
including
Aaron,
were DUSHK1N TO SPEAK
under Reed's close questioning. He
particularly evidenced his displeasure placed in a Hebrew orphanage until
FOR FORUM SUNDAY
t
1900.
when he was asked how old he was
[ Michigan Paper Stock Co. when he came to the United States He went to a theological school in
Continued from I-age fine)
from Poland.
Cincinnati for six years, attending College of the University of Chicago.
MEYER BARRON, Prop.
Cincinnati University at the sumo
"I didn't mark it down," he said.
Dr. Pushkin is director of Camp
Buyers of All Kinds of
Gallagher. attorney for Sapiro, dis- time. Ile was assistant professor of Modin for boys and girls.
WASTE PAPER
covered that Jay B. Garrison had history at Cincinnati University in
Reuben Brainin, noted Yiddish lec-
1342 Brewster St.
been connected with the Ku Klux 1907 and entered the law school of turer and author, will speak for the
Cadillac 1708
CadillacI709
Detroit Jewish Open Forum on Sun-
day afternoon, April 3. Mr. Brainin,
ps
741:1 Na\\
N whi' ill talk in Yiddish, will be the
,
first of a number of speakers who
0
0 will close the 1926-27 season of the
Foram with lectures given in Yid-.
1 $
sh. Further announcements will be'
1 0
made later.
Funeral Directors and Embalmers
The public is invited to attend all
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■■■■■■■■•■■■•■■■•■■■■••■■■
LEWIS BRO7 HERS
0
MARCH 18, 1927
the University of California in 1911,
being admitted to the bar in 1911,
and becoming, secretary to the indus-
trial accident board of California:
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