Purely Commentary THE DETROIT JEWISH NEWS — Friday, January 1 2, 1962 tV The Roles. of the Ridders of the New Yorker Staats-Zeitung and Dr. Shuster Exposed by Nizer Was Shakespeare altogether correct when he said that "the evil men do lives after them, the good is oft interred with their bones?" •Louis 'Nizer, one of America's ablest and most distinguished lawyers: inspires this thought with his very important book, -"My Life in Court," published by Doubleday, rignpw in which he .relates the stories of some very famous trials in •whiCh he partici- pated. • To Nizer, a trial is "the search for truth," and in his first chapter, sub-titled "Reputation," he describes in detail "The Libel Case of Quentin Reynolds vs, Westbrook Pegler." Reynolds' attor- ney declares in this account that his client "could always be proud of the fact that he fought for his personal vindica . tion against great "odds and in gaining it had .scored a significant triumph for responsible journalism." Nizer states that 'he. "advised Reynolds not to sue the many newspapers which had carried Pegler's libelous columns, although each of them was liable in damages to him. A pursuit for more money damages Louis Nizer would taint the ideals that had motivated him and me." Nizer won the case for Reynolds not only in the lower New York court but also on Pegler's appeal to the U.S. Supreme Court. Under the chapter heading "Divorce" Nizer tells an interesting story of "The War of the Roses,' " involving Billy Rose, and the equally sensational John Jacob Astor case. Cases involving doctors and 'music experts, the story of Louis B. Mayer's fight to regain control of MGM and other fascinating lawsuits that made history are among those related by the famous author-lawyer. Especially timely is the reference made by Nizer in his Pro- logue to the lawsuit he conducted, and won, in behalf of Konrad Bercovici—who died Dec. 27 at the age of 80—against Charlie Chaplin: It's a short story, but it will remind the readers of a great drama in which Nizer played an important and a triumphant role. - Our major interest is in Chapter Four, entitled "Honor," dealing with the "Issue of Nazism in America." It is especially revealing because it reminds us of the lack of vision some of us had during the last war, of the ease with which many fell into the trap of believing that Hitler's friends -could be anti-Nazis. It is the story of a libel suit by an eminent scholar, Prof. Friedrich Foerster, against Victor F. Bidder, publisher of 10 news- papers, including New Yorker Staats-Zeitung and Herold, who "was generally regarded as a liberal and social-minded citizen," who posed as an anti-Nazi while his newspaper glorified Hitler, who was accepted in Jewish ranks as an anti =Nazi but Who was exposed during the trial as being an admirer of Hitler. It is an account also of the appearance of Dr. George N. Shuster, the eminent Catholic lay leader, former president of Hunter College, as a defense witness for Ridder. Dr. Shuster's position hardly justified his being acclaimed a "liberal" and as an opponent of Hitler. There was too much conceding by the Catholic scholar. This reviewer turned to a coluinn he had published on June 30 of last year in which he reviewed a book, "The Vanishing Swastika," -published by Henry Regnery, the fore- word to which was written by Dr. Shus- .: ter as president of an American Council on Germany. Dr. Shuster described this new pro-German council as "an organi- zation devoted to mutual understanding between America and free Germany." In his review, this commentator ques- tioned the facts that were presented by Jhe contributors to the book. It could have been a more skeptical view had this reviewer read the facts about Dr. Shuster as presented in Nizer's "My Life in Court." While the Nizer story of the "Issue of Nazism in America" is primarily an expose of the Ridders, it does not place Dr. Shuster, whom we admired for many years, in a very good light. Dr: George N. Shuster Prof. Foerster's case against the Ridders developed as a result of a full-page advertisement that appeared in Decen4ber of 1942, in the New York Times and the New York Herald Tribune, entitled "A Christmas Declaration." While the text of the ad appealed to the German people to rise against Hitler and reveal their hatred of his tyranny, Prof. Foerster saw in it an attempt to secure a soft peace for the Germans. According to Nizer, Prof. Foerster's "trained eye caught the following sentence among many noble sentiments: 'We remind the German people of the mercy and forgiveness that are present in the hearts of people for those who turn against evil.' " - `: An "Open Letter" published by Prof. Foerster, himself a former German who was forced to settle in this country and who had conducted a campaign against Pan-Germanism, addressing itself to those who signed. the full-page advertisement--including Victor Ridder and his two brothers—charged: "Your declaration contrasts the Nazi system with the ideology of the German people as if they were fundamentally different. The situation is just the reverse. Hitler's system constitutes only the terrible fulfillment of a century of German nationalistic lawlessness." Then the Ridders began to hound Foerster, forcing him to sue for libel. Nizer's complete account of the case, with data taken from the court records, shows how Ridder contradicted himself, how it was proven that one of the brothers had praised Hitler who befriended him and with whom he visited on numerous occasions. It shows the inconsistencies in Shuster's testimony. Comparing the Shuster position in 1942 with his present status as head of a society to attain "mutual understanding" between this Nizer's Recollections of ' Issue of Nazism' in This Country By Philip Slomovitz country and free Germany, one wonders whether the connection isn't, after all, an uninterrupted prejudice in favor of Germans even if they are guilty of an endorsement of Pan-Germanism—a danger that did not begin with Hitler and has not ended with Adenauer. Among the shocking revelations_ was that Shuster ascribed "integrity" to Hitler. He called the. Fuehrer . "a religious. man.", He had referred to "poor Horst Wessel" when he wrote about the pervert whose song advocating the flow of Jewish blood became the Nazi anthem! Our readers will understand, therefore, how deeply shocked and disappointed one can become upon learning that those who were believed to be friends were condoning the .Hillerites! Nizer's story helps us to remember the crimes, and not to forget who condoned them. It also should serve a great purpose in remembering the name of a great German, Prof. Friedrich FOerster, who belongs to the German minority that opposed Pan- Germanism. Israeli Given 5-Year. Term for Espionage (Ditect JTA'Telefype Wire to The Jewish News) HAIFA — Ahar . on . Cohen, an expert on the Middle --East. and Arab affairs and a former leader of the Mapam party, was .sen- tenced in District Court 'here Tuesday to five years imprison- ment as a result of his conviction by the court of espionage: He had been convicted after a .secret.trial on three of four counts alleging that he had gathered secret in- formation and Passed it to an agent for an unnamed Communist Not only are the Ridders shown to have been tools of country. Hitler, but the Foerster vs. Ridder trial showed that General His attorney, who immediately Steuben, in whose honor the Steuben Society was named, was filed notice of an appeal to the a man of questionable character who advocated German world Israel Supreme Court, issued a domination. The Nizer story of the famous trial in which he statement declaring he was not directed the expose of the American Nazis before Judge Pecora guilty, asking for the court's reveals anew the role that was played by Heinz Spanknoebel "mercy" and declaring the 'de- in organizing the Hitler movement, whose first operations were fense is "asking for justice." in Detroit. (Our readers will recall our reminiscences of our meeting with Spanknoebel, published upon the appearance of 0. J. Rogge's "The Official German Report," in which he told the story of Nazi activities in this country prior and during World War II). Nizer's report of the famous trial also reminds us of the surprising fact that the advertisement whose contents stirred Prof. Foerster's actions was paid for by the American Jewish Congress. During the trial there was some uncertainty whether the ad was paid for officially by the American Jewish Congress or by some individual members of it, but it was cer- tain that the AJCongress was involved, its secretary, Miss (Lilie) Shultz, being mentioned in the Nizer account. Released on Bail According to his defense, Cohen said he was "let down", by the government's security of- ficials who, he said, failed to warn him that the foreign diplo- mat to whom he passed the secret information was "an agent." The prosecution, however, requested a stiff penalty on the . ground that "when a leader commits a crime it is worse than a crime committed by an ordinary man." At the request of the defense the District Court permitted Cohen's release on bail for 10 days pending a ruling by a higher court. The Nizer report on the case of Foerster against Ridder con- cludes with a description of a luncheon tendered on June 2, 1959, in honor of Prof. Foerster's 90th birthday. Totally blind at the time, Foerster nevertheless was vigorous, serene, had just finished writing a boOk and was working on another. Eminent scholars paid tribute to the courageous man who began his campaign against militaristic and nationalistic Germany in 1920, who was forced to Meanwhile, preParations were leave Germany and came to this country to pursue his teaching in history. An unsuccessful attempt was made by Ridder, as was being made in Tel Aviv for the shown during the trial, to cause the - -sponsorship of Foerster to rendering of the verdict' in an- other esponage case against Lt. be terminated by the Brookings Institution. At his 90th birthday party, the proper honors were extended Col. Israel Beer. The latter, this "gallant man" by noted savants, and a message of greetings formerly a high officer in Is- sent him by the late Albert Einstein on his 85th birthday was read rael's army headquarters and a to him. Foerster, speaking in response, "once more warned that noted military analyst, was also of espionage on behalf Germany was,unrepentant (that was in 1959) and had not expiated accused an unnamed . Communist its sins; that Nazis held key positions in all vital areas of the new of The verdict in the Republic; and that we must be alert or we will rebuild Germany country. case is scheduled to be and she may join with Russia, her natural ally to destroy Western Beer handed down Sunday. civilization." Cohen, who is 53, was a mem- This story will be incomplete withOut sharing with our readers the concluding two paragraphs in the Nizer report on "Issue of ber of the Shaar Haamakim kib- Nazism in America." Nizer states, after referring to Foerster's ibutz. He was arrested on Oct. 17, 1958. He had been under sur- remarks at the luncheon: veillance of Israel security of- "When he finished, I introduced Prof. Alvin S. Johnson, ficers several weeks after sus- President Emeritus of the New School for Social Research, point- picions were aroused, when a ing out that the combined ages of Johnson and the guest of honor highway patrol noted the auto- totaled more years than the age of the United States. After mobile belonging to a diplomat graceful and heartfelt words about Foerster, Prof. Johnson pro- from a Communist country ap- ceeded to astonish the knowledgeable group present by arguing proaching a side road near Shaar that Germany alone was not to blame, that the United States, Haamakim. A man later identi- England, and France were equally guilty in the blind policies fied as a foreign agent was ob- they had followed, that we had blemishes of aggression upon our served by the highway patrol own historical record, and, of course, so did England and France, using a path through a field for and so on through the long list of tiresome false - syllogisms, a rendezvous with - Cohen. as if the sins of England. and France at Munich could be equated with Hitler's sin in creating the crisis (the citizen who is not courageous enough when he faces a vicious murder is guilty in the same degree as the killer and both should be electrocuted); or, because history is full of past depredations by others; Germany is legally justified in evening up the score in this country by brutal war. "I thought I detected a look of chagrin and hopelessness even on Prof. Foerster's face. As I bade him good-bye, I thought to myself, Professor Foerster, they still don't understand you.' " And when a distinguished personality like Alvin S. Johnson proves guilty of equating unwisely, one must wonder: are so very many still lacking in understanding of the horrors we experienced only a few years ago? Now we begin the struggle anew to make certain that we should ever remember the gallant people who had the courage to fight bigotry, and that we should never forget those who perpe- trated crimes against humanity; else, we may again be doomed for another holocaust! Accused of Soviet Link The three counts on which he was found guilty alleged that he collected and passed secret in- formation to a foreign agent be- tween August 1957 and October 1958. The court found him not guilty of the first of the four counts which alleged that he had also passed secret informa- tion to the Communist bloc agent prior to December 1956. District Court Judge S. Kes- sen, who presided at the trial, read in open court only the one paragraph in the Judgment, de- claring Cohen guilty on three counts. The remainder of the Judgment was read in secret. More Jewish Victims in Algerian Strife PARIS, (JTA)—Police cracked down in Oran with a second curfew in 48 hours as Jews and Moslems clashed for the second successive day. Violence against Jews spread to Constantine where Charles Cohen was shot and killed. Cohen's killers were be- lieved to be terrorists of the FLN Moslem underground rebel or- ganization. Authorities reported six per- sons were killed in the nenewed clashes between Moslem support ers and European foes of an in dependent Algeria but they did not indicate how many were Jews. Throughout the day groups of Moslems and Jews marched through Oran shout- ing opposing slogans and col- liding in savage battles. The renewal of Moslem-Jewish strife was sparked by terrorist attacks on the FLN against two Jews on the outskirts of the Jew- ish section. More complete reports con- firmed that some of the most sav- age Moslem attacks took place in Oran's Jewish quarter. A Moslem group opened fire on housewives hurrying to complete their shop- ping and a pregnant Jewish woman was killed. The woman's death apparently infuriated the younger Jews in Oran and they swarmed out seeking revenge. For several hours, any Mos- lems they found were attacked without mercy. The Jewish youth in Oran took a prominent part in the European demonstra- tions against independence for Algeria and took revenge for the killing of a Jewish shoe- maker by lynching two Mos- lems.