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Michigan Cases Cited as Precedent
for Israel's Right' to Try Eichmann
By PHILIP SLOMOVITZ
JERUSALEM, Israel—Consid-
erable interest was shown in
the references by Israel's At-
torney General Gideon Hausner
to two Michigan cases, involv-
ing charges of "kidnapping,"
with the courts upholding the
right to try a criminal, regard-
less of the manner in which he
was apprehended.
Insisting upon the legality
of holding the trial of the Nazi
who instituted the mass murder
scheme for the extermination
of Jewry in Israel, Gideon
Hausner, Israel's Attorney Gen-
eral, declared:
"Adolf Eichmann is here be-
fore you legally, by an order
for his arrest legally issued.
He was presented with the
indictment as is required by
the law. The indictment is
drawn up according to the law,
and the offenses he is charged
with are crimes according to
the law of this state . . . He
will be given full opportunity
to defend himself . . . and the
circumstances in which he was
brought to court are not a mat-
ter for this court to discuss."
Quoting numerous American,
British and international law
cases to substantiate his claims,
the Attorney General quoted
the case Of Hatfield vs. Warden
of State Prison of Southern
Michigan, 1950, 88 Federal Sup-
plement 690, as follows:
United States District
Court, Michigan. The facts
are on page 691. ". . request-
- ing the issuance of a writ of
habeas corpus to inquire into
the legality of his detention
by the warden of State Prison
of Michigan or the sovereign
State of Michigan, and the
judgment of Circuit Court
of the County of St. Joseph
upon, conviction for murder
committed in the said county.
An examination of this peti-
tion disclosed that the peti- •
tioner, who is one who is cur-
rently submitting a petition
for habeas corpus, the State
Prison of the sovereign state
of Michigan. NanlelY, that in-
stead of being legally extra-
dited from•the state of Texas•
to the state of Michigan to
answer such charge, he was
in effect kidnapped and trans-
, ported against his will from
Texas to Michigan by Michi-
gan State Police officers."
And the ratio is on page
602. "A person accused of a
crime is found within the ter-
' ritorial jurisdiction wherein .
he is so ,charged and is held
under process legally issued
from a court of that judisdic-
tion, neither the jurisdiction
of the Court nor the right to
put him on trial for the of-
fense charged is impaired by
the manner in which he was
brought from another juris-
diction proceedings . . and
- several statutory or consti-
tutional provisions are vio--
Iated by reasons of illegal
means adopted in bringing
the accused to the jurisdiction
where he is then held for
proper process. And speci-
fically the - trial of a person
brought into a state by force-
ful abduction is not a viola-
tion of the provisions of the
Federal Constitution forbid.
ding the deprivatiOn of life,
liberty, or property without
due process of law."
Hausner maintained that
there is "no difference what-
soever" between this case- and
Eichmann's and he insisted. that
"it makes no difference if the
people who arrested and
brought Eichmann to this coun-
try were acting in a private
capacity or otherwise."
He then quoted another Mich-
igan case involving the Federal
Kidnapping Act—United States
vs. Collins, 1952, 96 Laws Edi-
tion, Page 541, U.S. Supreme
Court Justice Hugo Black hand-
ing down this decision:
"The respondent, Sherley
Collins, brought this habeas
corpus case into United
States District Court, seeking
release from the Michigan
State Prison, where he is
serving a life sentence of
murder. His petition alleges
that while he was living in
Chicago, Michigan officers
forcibly, handcuffed, black-
jacked, and took him to,Mich-
igan. He claims the trial and
conviction under such cir-
cumstances is in violation of
the due process clause of the
14th Amendment of the
Federal Kidnapping Act, and
that therefore his conviction
is null.
"This court has never de-
parted from the rule an-
nounced in Till vs. Illinois
that the power of a court to
try a person for crime is not
impaired by the fact that he
had been brought within the
court's jurisdiction by reason
of a forcible abduction. No
persuasive reasons are now
presented to justify- overrul-
ing this line of cases."
The famous Insull Case was
invoked by Attorney General
Hausner, who also called at-
tention to the case of the Nazi
collaborator. Chandler whose
arrest by the American army
was challenged as unlawful in
Germany. Hausner quoted the
court decision in the Chandler
case:
. . the court below ac-
quired jurisdiction of the de-
fendant, violated the law of
the forum in three particu-.
lays. That is to say: 1) It vio-
lated the terms of the extra-
dition treaty between the
United StateS and Germany;
2) It violated the right of
asylum guaranteed by inter-
national law to political of-
fenders; 3) It violated the act
of June 18, 1878, prohibiting
the use of the Army of the
United States as a force com-
mitatus."
"The court rejected all these
arguments, and decided that the
case. will be continued and the
judgment given in the case in
the first instance w _ as legal,"
Hausner said.
"Another collaborator with
the Nazis,"- Hausner points out,
"brought against her wish to
the United States from Ger-
many, Mrs. Skillers, maintained
the same arguments, Skillers
vs. the United States, 1950, 182
Federal 2nd, 1962. I shall not
quote from the sentence, but I
shall only bring it before the
court that the decisions were
followed and in two new cases,
they are summarized clearly in
Pebley vs. Knotts, 1951, 95
Federal Supplement, page 283.
And I call the attention of the
court to page 286, without read-
ing the quotation. The second
case is that of Dean vs. Ohio,
1952, 107 Federal Supplement,
937, page 939 reads and -I
quote:
"In passing on the subject
of the petitioner's extradition
to Ohio, it should be noted
that it is virtually a univer-
sal rule, that where an ac-
cused is found in a jurisdic-
tion wherein he is charged
with a crime, the circum-
stances surrounding his ac-
tual . presence in that juris-
diction will not be inquired
into. If he was brought from
another jurisdiction by kid-
napping ... or illegal extra-
dition, he may still be tried,
if he is presently being held
under process legally issued
from the court of that juris-
diction."
Dietr Wertenbruch, Dr. Rob-
ert Servatius' associate defense
attorney, revealed that Eich-
mann, who until now had been
reading novels, now has turned
to philosophic works and is
reading material on the Third
Reich and the Jews.
Wertenbruch said Eichmann
is now concerned with probleins
of "the hereafter."
Eichmann sits immovably in
his bullet-proof dock, with the
two unarmed soldiers just a bit
behind him. He still gives the
impression of a German offi-
cial who "takes orders"—and
the Order of the day is to sit
and listen.
There was an air of solemn-
ity in Jerusalem on Thursday,
with the court recessing for
the entire day, in observance
of Martyrs' and Heroes' Remem-
brance Day.
A "Warning and Witness"
exhibition was opened by Presi-
dent Itzhak Ben-Zvi of Israel.
The ashes of martyrs of Nazism
were reburied in a Memorial
Tent, having been taken from
their temporary resting place
from the slopes of . Har Hazi
karon, the Memorial Mount.
The Martyrs' and Heroes' Re-
membrance Day was set up by
special decisions of the Knesset,
the Israel Parliament, and the
Eichmann court recessed for
the day in deference to this
traditional day Of tribute to the
victims of Nazism.
Arabs Renew
War on Zionism,
. By PHILIP SLOMOVITZ
JERUSALEM, Israel — Since
the Arabs do not maintain any
relations whatever with Israel,
and are virtually continuing "a
state of war," correspondents at
the trial of Adolf Eichmann won-
dered what the Arab attitude . is
in the sensational case of the
Hitler Lieutenant who master-
minded the murder of six million
Jews. The Arab countries vir-
tually,are the only ones not repre-
sented in the journalistic corps
of 400 correspondents who have
gathered here for the trial.
The "secret". of Arab attitude
is out. Your correspondent haS
succeeded in securing a copy
of the Jerusalem Times, pub-
lished in the Old City of Jerusa-
lem, held by Jordan. This Arab
organ gave a fair account of the
arguments presented by Israel's
Attorney General Gideon Haug.-
ner and the 'exceptions taken to
them by Eichmann's defender,
Dr. Robert Servatius. But it also
contains a statement "In Defense
of Eichmann," written by Guy
Moore on stationery of Christ
Church in the Old City of Jeru-
salem, "in protest against the
court's proceedings." Moore's let-
ter is accompanied by a projected
speech he would deliver in Etch-
man's behalf.
Revealing the true attitude of
the antagonistic Arabs, this issue
of Jerusalem Times contains an
editorial condemning Zionism,
charging Zionists with fleecing
Jews and condemning the U.S.A.
tax system which permits Jews
to give tax deductible charitable
funds in behalf of settlers going
to Israel. But the height of the
attack is in the question the
editorial asks if the Zionists will
"leave (Eichmann) alone to go
back to his -family and his coun-
try as a mark of respect and
appreciation of what the U.S.A.
has done for them and what the
Germans have given them, or will
they hang him?" -
Old anti-Semitic arguments are
revived in this editorial, calling
Jews "money kings," and it goes
or. to say that "decent Jews" do
not go to Israel, posing the fan-
tastic question why Bernard Ba-
ruch and 'Lord Samuel do not
settle here. The editorial COD.-
eludes with the question whethei
Jews will leave Eichmann alone
"for their sake alone."
This issue of Jordan's Jeru-
salem Times carries a story about
the approaching visit in Amman,
Jordan, on April 23, of the Uni-
versity of Michigan Band.
It also- publishes a story about
Lorettamary Gibson, referred to
as "founder of Mercy Hall Hos-
pital in Detroit," who is reported
to be raising $4,000,000 for her
"dream project—a hospital and
medical center in Jordan."