The Historical Society for the United States District Court Vol. VIII, No. 2for the Eastern District of Michigan ©1999 September, 1999

THE COURT

LegacyDetroit’s Trial of the Century:Sapiro v. Ford,1927By Victoria Saker Woeste

In 1924, Henry Ford’s newspaper, the DearbornIndependent,turned its guns on Aaron Sapiro, alawyer and prominent leader of the agriculturalcooperative movement. A year-long series ofarticles accused Sapiro of conspiring with DavidLevy, Otto H. Kahn, and Mortimer Fleischhackerto gain control of agriculture throughout thenation. Sapiro counterattacked by filing a libellawsuit against Ford in the U.S. District Courtin Detroit. The suit claimed the articles werethe product of Ford’s anti-Semitic views and itexposed the automaker’s ideas to broad publiccriticism for the first time.

Sapiro’s libel lawsuit against Ford is one ofthose curious historical episodes that lives onthe margins of human memory. Historians oftwentieth-century America have generally treatedthe lawsuit as a colorful episode in the life ofAmerica’s foremost industrial king.1 For scholarsof the history of American Jews, the case has stoodas a moment of triumph over the forces of bigotry.2

For the legal historian and those interested in thehistory of courts in Detroit, the case raises otherinteresting issues. The association of prominentJewish bankers and lawyers with Americanfarmers and agricultural policy furnished thelarger background of Sapiro’s lawsuit. The futureof agriculture itself seemed to be at stake in theturbulent post-World War I period, and peoplesuch as Bernard Baruch, head of the War IndustriesBoard; Eugene Meyer, head of the War FinanceCorporation; and Saul Rubinow, president of Sears,Roebuck, had little in common with agriculturaltraditionalists such as Ford.

The LawyersThe lawyers playedstarring roles in thecase. Ford hired asitting U.S. Senator(and Democraticpresidential hopeful)James A. Reed toserve as his chiefcounsel for a fee of$100,000. Reed wasfamed as an oratorin the Senate andas a skilled cross-examiner. In addition,Ford Motor Companycorporate counsel, including Stewart Hanley, andhis personal lawyer,Clifford Longley, joined thedefense team. According to his bodyguard, HarryBennett, “Mr. Ford expected that Sapiro would berepresented by a ‘Jew lawyer’ from New York, andthought this would reflect to his own advantagewith the jury. However, Sapiro walked into courtrepresented by attorney William Henry Gallagher,an Irish Catholic. Mr. Ford considered Gallagher

a ‘Christian front’for Sapiro, andafter that alwaysspoke of theCatholics as ‘toolsof the Jews.’”Gallagher wasalready famousas a Detroit trialattorney, havingwon record damageawards for severalplaintiffs duringthe 1920s.3

James A. Reed

Pho

to S

ourc

e:Li

brar

y of

Con

gres

s

William Henry Gallagher

From

the

Col

lect

ions

of H

enry

For

d M

useu

m &

Gre

enfie

ld V

illag

e

The SuitThe suit alleged that Ford libeled Sapiro when hisnewspaper published articles that charged Sapirowith, among other things, using his influence totransfer control over the finances and organizationof American farming to “international speculators”and “communists.” The series, which began in April,1924, spun out the theory that Sapiro stood at thehead of a so-called “Gentile front” whose aim wasto enslave American farmers. Behind the “front”lurked far-away speculators and political radicalsin Europe and Russia, who posed an obvious threatto American democracy and political institutions.Sapiro promised farmers that cooperative marketingwould be their salvation; instead, according to theDearborn Independent,cooperative marketing wasa subterfuge, designed to cheat farmers out of theprofits from their labors and to defraud Americanconsumers by increasing the prices they paid forfood. In the end, according to this theory, the wealththat agriculture generated would line the pocketsof European financial speculators.4

The problem thenfacing the Fordlawyers was proofof the theory.Investigators, at thedirection of Fred L.Black, the businessmanager for thenewspaper, spenteighteen months and,reportedly, $1 millionin a fruitless searchfor evidence linkingSapiro and hisorganization tocommunist organizations in the Pacific northwest.Mr. Black told the Ford lawyers that he was certainhe could prove what had been published, and that itwas just a matter of time before he would obtain theneeded information. However, he failed to do so.Having gained nothing from the investigation andpre-trial discovery to support this theory, at trial,Ford’s lawyers would only be able to assert that theywere solely concerned with Sapiro’s legal practices ascounsel to the agricultural cooperatives he organized.This strategy made a weak case even weaker.

Page 2

The Historical Society for the United StatesDistrict Court for the Eastern District of Michigan

Established in 1992

BOARD OF TRUSTEES

PresidentI.W. Winsten

Vice PresidentJohn H. Dise, Jr.

Secretary-TreasurerJeffrey A. Sadowski

Joseph AvivHon. Avern CohnHon. John FeikensAlan C. HarnischMichael J. Lavoie

Michael C. LeibsonBonnie L. Mayfield

Mrs. Dores M. McCreeHon. John Corbett O’Meara

Barbara J. RomHon. Donald A. ScheerHon. Arthur J. TarnowRobert M. Vercruysee

Sharon M. Woods

AdvisorsPhilip P. Mason

Judith K. Christie

THE COURT LEGACY

Published periodically by The Historical Society forthe United States District Court for the Eastern Districtof Michigan, Office of the Clerk, Theodore Levin UnitedStates Courthouse, Detroit, MI 48226-2797.

Subscriptions available through any Society membership.Membership benefits include the Newsletter, votingprivileges, and the Annual Meeting.

Papers are encouraged to be submitted to the Newslettereditor for publication consideration. Content for theissues are due 60 days prior. Mail items for publication toThe Historical Society.

The Court Legacyreserves copyright to authors ofsigned articles. Permission to reprint a signed articleshould be obtained directly from the author andTheCourt Legacyshould be acknowledged in the reprint.Unsigned material may be reprinted without permissionprovided The Court Legacyis given credit.

Fred L. Black

From

the

Col

lect

ions

of H

enry

For

d M

useu

m &

Gre

enfie

ld V

illag

e

The TrialWhen the trial began on March 15, 1927, Ford’sattorneys were confident. They believed they couldexclude all issues from the trial except the one theywere most comfortable litigating: Sapiro’s legalmalfeasance. The other issues – Ford’s anti-Semitism,the economic feasibility of cooperative marketing,the burden of proving the truth of the DearbornIndependent’sallegations – all these they plannedto ignore. In his opening statement Reed grandlyproclaimed, “It is no libel to say truthfully of aman who is a Jew that he is a Jew.” No anti-Semiticimplications should be read into anything theDearborn Independentreported, he continued:“[T]his is the same kind of case as it would be ifMr. Sapiro happened to belong to some other racethan the Jewish race, and I am casting no reflectionsupon him because he belongs to that race.”Throughout the trial Reed deflected Gallagher’sattempts to link the Dearborn Independent’sstatements with the problem of anti-Semitismand insisted that Sapiro, in complaining of thearticles’ content, took “mere sentences orparagraphs” out of context.7

When his turn came, Gallagher pounced immediately.Ford had the right to attack people, Gallagher said inhis opening statement, even Jewish people; “but justas soon as an attack against a race is centered upon anindividual of that race, just as soon as an individual issingled out and made the butt of the attack, then thatindividual has the right to come into court and askfor a determination of the justice of that attackmade upon him as one of this group of individuals.”

Page 3

Contemporary newspapers compared the Sapiro-Ford trial to the Scopes trial, on the teaching ofevolution in the public schools, in terms of itssignificance and its ability to rivet the nation’sattention. Ford was by any measure an Americanhero of mythic proportions. His mass-producedautomobiles transformed the nation. To many, heepitomized the American dream of self-madesuccess. After Sapiro filed his lawsuit, Ford putas much distance between himself and the tawdrymess as he could, giving all appearances of beingabove the distasteful fray and having nothing todo with the content of his own newspaper. At thesame time, however, his lawyers were astutelyusing the discovery process and the litigation toshift the issues of the case away from Ford’santi-Semitism, which they could not deny, to theplaintiff’s own conduct, which they planned toimpeach. If contemporary editorials and newsreports are any indication, many people saw rightthrough this strategy. Industrial hero though hemay have been, Ford was about to discover thathe could “stir up race and religion” only somuch before public opprobrium forced him toback down.5

The trial landed in Detroit by virtue of Sapiro’sdeliberate strategy. As he later wrote, he chosethe federal district court in Detroit as his forumbecause he hoped to get Ford to admit fault onthe stand: “I was interested in getting Mr. Fordon the stand and in pulling from his own lipseither a public admission that he was all wrong,or to show from him under oath that there wereno basic bits of evidence anywhere to justifythese attacks on the Jews. So I went into hishome town, where his strength is supposed to begreatest; and I brought the suit in U.S. DistrictCourt in Detroit and there served Mr. Ford.”Perhaps Sapiro had reason to believe that Fordwould be vulnerable in his own backyard, orperhaps he hoped to take advantage of thenaturally intense media scrutiny the Detroitnewspapers would provide. Whatever the reason,Sapiro’s choice of forum and location heightenedthe drama of the litigation and the prolongeddiscovery process that preceded it.6

Marshals holding back the crowdtrying to enter the courtroom.

From

the

Col

lect

ions

of H

enry

For

d M

useu

m &

Gre

enfie

ld V

illag

e

Page 4

The attack against Sapiro was, Gallagher argued,profoundly and thoroughly anti-Semitic: “Thereisn’t any doubt that he is a dominating figure inAmerican agriculture. But, they make the statementone of libelous character by adding . . . the claimthat he dominates American agriculture not forhis own selfish purposes, not in the interests of thefarmers, but merely as the instrument and tool ofthis international body of Jews who have taken himas the instrument of bringing the American farmerunder subjection and control.” The newspapersmeared Sapiro with guilt by association, chargingthat “he allied himself, and this body of Jews alliedthemselves, with Reds and Communists andBolshevists [and] worked hand-in-hand togetherwith the object and purpose of bringing about in thiscountry the same situation that exists in Russia.”There was no more explosive political calumnyduring the isolationist, Russia-phobic 1920s than tobe called a Communist, unless it was to be called aCommunist solely by virtue of being Jewish.8

The EditorGallagher beganhis case-in-chiefby calling to thestand the editorof the DearbornIndependent,William J. Cameron.Gallagher intendedto use Cameronto prove that Fordhad regular, dailycontact with thenewspaper and that

nothing went intothe newspaper

without his approval. Cameron contendedunconvincingly that he, and only he, was responsiblefor every word written in the newspaper. Heasserted that Ford had nothing to do even withthe writing of the weekly column entitled, “Mr.Ford’s Page.” Cameron declared that it was hisview, not Ford’s, that an international banking ringcomprised of Jews was out to gain control ofAmerican agriculture, that he had received letterscalling attention to the existence of this ring forseveral years prior to publishing the articles,

COURT HISTORICAL SITESThe following internet sites will be of interest inlocating court historical documents or information.We intend to include new and interesting sites on aregular basis. If you are aware of other historicalsites you think would be of interest to oursubscribers, please let us know by contacting theWebsite Committee at (313) 234-5049.

1. United States Supreme Court Historical Societywww.supremecourthistory.orgContains a list of significant oral arguments,articles published in its journal, a list of events,a gift catalogue, schedule of C-SPAN broadcastsand audio versions of past lectures.

2. 6th Circuitwww.ca6.uscourts.govContains regular court information. However,historical information on all former circuit anddistrict court (within circuit) judges will beadded soon.

3. Western District of Michiganwww.miwd.uscourts.govAt homepage click on “court info” under the“General Information” listing. Site includeslimited information related to court history anda link to a portrait of the first district judge,Solomon Withey.

4. Federal Judicial Centerwww.fjc.govWill contain, by November, 1999 information onfederal court history including biographical data,architectural data, photos and other related topics.

5. Michigan Supreme Court Historical Societywww.micourthistory.orgContains historical and current biographies andportraits, transcripts of special sessions of thecourt and other related information.

6. Documents in American Legal Historyhttp://vi.uh.edu/pages/alh.htmlThis site is maintained by Robert Palmer andincludes annotated and footnoted text versionsof the British Constitution, the Declaration ofIndependence, the U.S. Constitution, theRatification Debates, the Pennsylvania andVirginia Constitutions of 1776, the Bill ofRights and proposed amendments, a discussionof the First Amendment, and various landmarkU.S. Supreme Court decisions. It is a veryinteresting site to peruse.

William J. Cameron

From

the

Col

lect

ions

of H

enry

For

d M

useu

m &

Gre

enfie

ld V

illag

e

Page 5

The JudgeThe judge presiding at the trial, U.S. District JudgeFred M. Raymond, seemed intent on preventing anysignificant damage to Ford. He was the fourth judgeassigned to the case by the time it came to trial.At the outset, the chief judge of the Eastern Districtbench, Judge Arthur J. Tuttle, assigned the case tohimself. For over a year he granted defense motionsfor continuances while discovery proceeded, but inAugust, 1926, he finally lost patience. He told bothsides that trial would commence in September andthat no more continuances would be granted. Ford’slawyers then filed a motion alleging bias on the partof the judge against their client. Rather than fightthis motion, Tuttle recused himself. Visiting judgesfrom Ohio took turns baby-sitting the case untilearly 1927, when Raymond, who was appointedto the district court in Grand Rapids by PresidentCoolidge in 1925, finally was assigned to the case.12

During the trial, Judge Raymond routinelysustained Reed’s objections when Gallagher triedto elicit testimony on Ford’s involvement, and heagreed with the defense that much of the evidenceGallagher sought to introduce to prove damageto Sapiro was irrelevant. Sapiro later expressedhis frustration with what he saw as the judge’spartiality: “They let Senator Reed get in all of thatsort of stuff [alleging that Sapiro was responsiblewhen a cooperative employee took bribes] tothe jury without interruption from the Judge;

and that he discussed the articles only withsubordinates at the newspaper and the reporter,Harry H. Dunn.9 Gallagher told the jury not tobelieve any of it. The Dearborn Independent,hesaid, “is merely a means of expression for HenryFord. It conveys his message and thoughts, andso he, standing behind it, controlling its policies,giving his thoughts to it, is himself personallyresponsible for the thoughts that this Independentspreads throughout the country respecting peopleand respecting matters.”10

The PlaintiffThe plaintifftook the standon March 28,two weeks intothe trial. Afterleading himthrough anaccount of hisearly lifeand his careeras a lawyer,Gallagher got tothe heart of thecase: Sapiro’swork in thecooperativemovement withfarmers across

the country. At one point in this recitation,Reed complained to the court that the witness wasanswering the questions so quickly that he hadno time to object, and asked the witness to answer“more deliberately.” Needling his opponent,Gallagher quickly called for “either moredeliberation or more speed on the Senator[’s part].”Direct examination of the plaintiff concludedwith a description of the various cooperativeorganizations formed by Sapiro, his law partners,and his associates in the wheat, fruit, dairy, corn,tobacco, cotton, hay, and grain industries of theU.S. and Canada. Sapiro told of his successin getting a preponderance of growers in theseindustries to sign up with the marketingcooperatives, and he acknowledged the problemscooperatives encountered despite the host of statelaws legitimizing their marketing activities.11

WANTEDIn the interest of preserving the valuablehistory of our most beloved court, theHistorical Society is seeking to contactrelatives, descendants, associates, or anyothers who might be able to assist theSociety’s Acquisit ions Committee. TheSociety is endeavoring to acquire artifacts,memorabilia, photographs, literature or anyother materials related to the history of theCourt and its members. If any of ourmembers, or others, have anything they wouldcare to share with us, please contact theAcquisitions Committee at (313) 234-5049.

Mr. & Mrs. Sapiroleaving the courthouse

From

the

Col

lect

ions

of H

enry

For

d M

useu

m &

Gre

enfie

ld V

illag

e

Page 6

but, as for us, we couldn’t even bring in a legitimatewar record to offset the charge that I was tryingto subvert the US government with the aid of theInternational Workers of the World.” Sapiro wasalso upset about the jury and impanelling. The jury“consisted of six men and six women, a good plainjury.” However, one of the temporary jurors, uponquestioning, admitted that he was a former Ku KluxKlanner. The judge would not excuse the juror forcause and Sapiro had to use a peremptory challenge.13

The Cross-ExaminationReed’s cross-examination began with all the tensionand suspense of a great drama and quickly fizzledaway into a tedious litany of detail that shed no lightwhatsoever on the issues that so gripped the public’sattention. Consistently adhering to the defense’sstrategy of avoiding the accusation of anti-Semitism,Reed had no intention of permitting Sapiro toestablish any link between the newspaper and itspurportedly nominal owner, Henry Ford. Reedfocused his inquiry on the details of Sapiro’s legalrepresentation of his clients, the fees he received,and the details of his attorney-client relationships.This made for poor legal theater, as the newspaperscomplained, but the hordes who filled the courtroomevery day did so in hope of some spectacularbreakthrough by either side.14

Sapiro was on the stand for four weeks, most of itspent batting away Reed’s attempts to trip him upon the dates of meetings, agreements, servicesperformed, and other details of his law practicein cooperative marketing. Reed’s command ofthe facts could not compare to Sapiro’s own.

Reed had difficulty remembering details ofSapiro’s testimony, often confusing what Sapirosaid with what Reed wished to elicit. The trial’smost entertaining moments occurred when the twobutted heads in obvious annoyance with each other.At one point well into the trial, Reed tried to getSapiro to admit that he had personally controlledthe election of the officers of the Kentucky BurleyTobacco Growers’Association. “That is not so,”Sapiro rejoined. Reed turned in supplication to thecourt: “Now, if your Honor please, this witness canbe more polite than that in his answers.” Gallaghermoved to strike Reed’s remark, and the judgeagreed. Later, when Reed attempted to linkBernard Baruch to a conspiracy to control thetobacco growers, Sapiro again answered defiantly:“That is absolutely not so.” Reed again complained:“The answer, I insist, is not only impolite, but isinsulting and wholly uncalled for.” The judge letthe exchange stay on the record. Sapiro andGallagher monitored Reed’s nerves by observinghow many times he missed the cuspidor andsprayed the female members of the jury.15

The defense made its worst mistake of the trial whenReed decided to enter into evidence part of a speechSapiro delivered to Kentucky tobacco growers in1923. To the surprise of the court, a juror rose andasked for the entire speech to “be read in full.”Gallagher insisted the full speech be read, in orderto prevent parts from being taken out of context, andthe judge agreed. Reluctantly, Stewart Hanley, oneof the Ford lawyers, rose and delivered the speech inits entirety. It took three hours. Sapiro later exultedthat once that speech was read, there wasn’t asingle juror who did not believe in the efficacy ofcooperative marketing: “Before [Hanley] couldrealize it, he had unwittingly gotten into the swingof it and he was delivering that speech to the jury farmore effectively than I could ever have done it.”16

The RecessBy mid-April, Reed was worn out. Judge Raymondgranted a recess on Thursday, April 14, but by thefollowing Monday Reed was confined to bed,reportedly suffering from exhaustion. Petrified at thenotion of taking the stand, Ford had reportedly beeninvolved in an automobile accident, the injuriesfrom which had required his hospitalization.

Women on the jury during recess.

From

the

Col

lect

ions

of H

enry

For

d M

useu

m &

Gre

enfie

ld V

illag

e

Page 7

In the interim, Ford’s lawyers secured fourteenaffidavits alleging that one of the jurors had metwith an acquaintance of the plaintiff and acceptedthe gift of a box of candy. They asked the judge togrant a mistrial on the grounds of jury tampering.At the same time, Gallagher implored the court toinstruct the defense to keep employees of the Fordprivate security force, which had been “very greatlyrepresented in the court room, and the corridors ofthis building,” away from the proceedings. As thelawyers sparred, events outside the courtroomforced the issue. The juror who had been the targetof the Ford mistrial request gave an interview tothe Detroit Times,which was published during therecess. When that interview hit the newsstandsJudge Raymond declared a mistrial, despiteSapiro’s express willingness to proceed with onlyeleven jurors.17

The EndThe affair ended with a whimper. Before a new trialdate could be set, Ford personally sent word throughintermediaries that he wished to settle the lawsuitout of court. For some reason, he declined tocommunicate through his own attorneys. Afterlearning of the July settlement from the newspapersin Houston, Texas, Senator Reed shot an angry letterto his colleagues on the defense team: “In view ofthe miserable outcome of the case, I would like toget the matter [of my fee] settled, and off my mind,and as far behind me as possible. I hardly need sayto you that if I had dreamed before entering the caseof any such denouement I would not have gone intoit for any kind of a fee.”18

Although the judge had granted the defense’srequest for a late summer date for the new trial, andReed seemed to believe the defense could still win,the tide of public opinion had decidedly turnedagainst Ford. The automaker himself seemed torealize it. His own family and close friends,including his son Edsel, had distanced themselvesfrom newspaper articles, and a Jewish boycott ofFord autos had significantly affected sales. Thecombination of these factors led Ford to acceptwithout debate Sapiro’s terms for settlement.According to Sapiro, these terms included:“Retraction and apology to the whole Jewish

people; retraction of the charges againstcooperative marketing; retraction of the personalinsinuations; payment to my attorneys of a decentfee; payment of my legitimate court costs.”19

The apology Ford signed enabled him to maintainthat he was unaware of the content of thearticles: “Had I appreciated the general nature,to say nothing of the details, of these utterances,I would have forbidden their circulation withouta moment’s hesitation.”20

Gallagher, whose $50,000 fee Ford paid as partof the settlement, proclaimed victory: “It is amatter of general gratification that the suit comesto this amicable end . . . . I felt that when thetestimony was heard Mr. Ford would see the lightand withdraw from the position in which he hadbeen placed. When he did so it was a victory notmerely for Mr. Sapiro but for the cause of racialtolerance and good-will among peoples.” The NewYork Timesaccepted Ford’s apology and retractionas a “specific withdrawal and repudiation byMr. Ford of the charges printed by the DearbornIndependent,” and praised Aaron Sapiro for hiscourage in fighting such “a powerful adversary.”21

The outcome furnished a decided anti-climax tothe legal process of the trial, broke no new legalground, and enabled Ford to avoid defending hisviews in public. By settling out of court with anapology and retraction, however, Ford gave JewishAmericans the first published statement of regretover anti-Semitism during an era when prejudiceagainst Jews showed no signs of abating.

Ms. Woeste is a research fellow at the AmericanBar Foundation in Chicago. She is the authorof The Farmer’s Benevolent Trust: Law andAgricultural Cooperation in Industrial America,1885-1945(1998), and is currently working on abook about the Sapiro-Ford lawsuit. For their helpwith the research relating to this article, shethanks Linda Skolarus and the staff at Henry FordMuseum and Greenfield Village, Steven Freund,and especially Betsy Mendelson.

Notes:1. See, for example, Michael Parrish, Anxious Decades:

America in Prosperity and Depression, 1920-1941(New York: W.W. Norton, 1992).

2. For examples, see Jacob Rader Marcus, The American Jew,1585-1990: A History (Brooklyn, NY: Carlson Publishing,1995); Albert Lee, Henry Ford and the Jews (New York: Steinand Day, 1980), 148; Ford R. Bryan, Henry’s Lieutenants(Detroit: Wayne State University Press, 1993); David L.Lewis, The Public Image of Henry Ford: An American FolkHero and His Company (Detroit: Wayne State UniversityPress, 1976), 135-59; Reynold M. Wik, Henry Ford andGrass-roots America (Ann Arbor: University of MichiganPress, 1973), 126-41.

3. Harry Bennett, We Never Called Him Henry, as told to PaulMarcus (New York: Gold Medal Books (Fawcett Publications,Inc.), 1951), 49; Scrapbook, Gallagher Papers.

4. “Jewish Exploitation of Farmers’ Organizations,”Dearborn Independent, April 24, 1924, quoted in Sapiro v.Ford trial transcript, vol. 1, p. 48, Box 43, Accession 48,Ford Museum.

5. “The Sapiro-Ford Trial,” Denver News, March 15, 1927,Scrapbook, William Henry Gallagher Papers, privatecollection of Gallagher Family, Battle Creek, Michigan(made available to author by Mrs. Patricia Gallagher).

6. Aaron Sapiro “An Experience with American Justice,” FreeSynagogue Pulpit, 8:5 (1927-28), 11-12, in Clifford B.Longley Papers, Box 1, Accession 740, Ford Museum.

7. Opening statement of Senator James A. Reed, Sapiro v. Ford,trial transcript vol. 1, p. 155, Box 43, Accession 48,Ford Museum.

8. Trial Transcript, vol. 1, pp. 12-13, 15, 28.

9. Trial Transcript, vol. 1, pp. 338-44, 378-91, 489-90.

10. Trial Transcript, vol. 1, p. 15.

11. Trial Transcript, vol. 2, pp. 1144-1281 (direct examination ofSapiro), 1166-67 (testy exchange).

12. Sapiro, An Experience with American Justice, 15. See alsoDocket Entries, Sapiro v. Ford, Case No. 7522, p. 33, RecordGroup 21, Records of the U.S. District Courts, EasternDistrict of Michigan (Detroit), General Records, 1837-1955,General Dockets, 1846-1943, Volume U, National Archives,Great Lakes Regional Branch.

13. Sapiro, An Experience with American Justice, 20.

14. Trial Transcript, vol. 2, pp. 1282-1624; vol. 3, pp. 1625-3035.

15. Trial Transcript, vol. 3, pp. 2934-35, 2939, 3030-31; Sapiro,An Experience with American Justice, 25.

16. Trial Transcript, vol. 3, pp. 2786, 2792-2928; Sapiro,An Experience with American Justice, 27-28.

17. Trial Transcript, pp. 3038, 3041-44, 3090-97; DetroitTimes, April 18, 1927, reprinted in Detroit Times,April 22, 1927, p. 2.

18. James Reed to Clifford Longley, September 27, 1927,Sapiro Trial, Correspondence, 1927, Box 1, Accession1740, Clifford B. Longley Papers, Ford Museum.

19. Sapiro, An Experience with American Justice, 35; MortonRosenstock, Louis Marshall: Defender of Jewish Rights(Detroit: Wayne State University Press, 1965), 187-89.

20. Reprinted in Rosenstock, Louis Marshall, 191.

21. Ford and Sapiro Settle Libel Suit, New York Times,July 18, 1927, p. 1, 15; Topics of the Times, New YorkTimes, July 18, 1927, p. 16.■

Ford’s Apology:An EpilogueThe Detroit News,on July 9, 1999 in its“Michigan at the Millennium” series, reprinteda portion of the Henry Ford apology that appearedon its front page on July 8, 1927. As mentioned inMs. Woeste’s article, the New York Timesdid notreport the apology until ten days later, however.

In the apology repudiating the articles in theDearborn Independent,Mr. Ford wrote:

In the multitude of my activities it has beenimpossible for me to devote personal attentionto their management or to keep informed asto their contents. It has therefore inevitablyfollowed that the conduct and policies of thesepublications had to be delegated to men whomI placed in charge of them and upon whom Irelied implicitly.

To my great regret I have learned thatJews generally, and particularly those of thiscountry, not only resent these publications aspromoting anti-Semitism, but regard me astheir enemy. . . .

* * *

[I have directed] my personal attention to thissubject, in order to ascertain the exact nature ofthese articles. As a result of this survey I confessthat I am deeply mortified that this journalwhich is intended to be constructive and notdestructive,has been made the medium forresurrecting exploded fiction, for givingcurrency to the so-called Protocols of the WiseMen of Zion, which have been demonstrated,as I learn, to be gross forgeries, and forcontending that the Jews have been engaged ina conspiracy to control the capital and theindustries of the world, besides laying at theirdoor many offenses against decency, publicorder and good morals.

Page 8

Page 9

Had I appreciated even the general nature,to say nothing of the details of these utterances,I would have forbidden their circulation withouta moment’s hesitation, because I am fully awareof the virtues of the Jewish people as a whole,of what they and their ancestors have done forcivilization and for mankind toward thedevelopment of commerce and industry, of theirsobriety and diligence, their benevolence andtheir unselfish interest in the public welfare.

Of course there are black sheep in every flock,as there are among men of all races, creeds andnationalities who are at times evil-doers. It iswrong, however, to judge a people by a fewindividuals, and I therefore join in condemningunreservedly all wholesale denunciationsand attacks.

* * *I deem it to be my duty as an honorable manto make amends for the wrong done to the Jewsas fellow men and brothers, by asking theirforgiveness for the harm I have unintentionallycommitted, by retracting, as far as lies withinmy power, the offensive charges laid at theirdoor by these publications, and by giving themthe unqualified assurance that henceforth theymay look to me for friendship and good will.

If you are interested in reading the complete DetroitNews article see www.detnews.com/millenniumand click on “complete archive” at the bottom ofthe page.■

United States Attorney’sHistory ProjectUnited States Attorney Saul Green has embarked ona project to record the history of his office from 1815until the present. A group in the office is currentlyresearching historical libraries and archives for itemsand photographs relevant to the project. They hope toinclude historical descriptions of the office duringdifferent periods, significant cases, and biographiesof the men and women who have worked there. Mr.Green thanks Judy Christie and the Historical Societyfor the assistance they have already provided.

Additional assistance on the project will begreatly appreciated. Inquiries should be directed toMr. Green or Ross Parker in the United StatesAttorney’s Office. ■

Eastern District HistoryOn The WebWithin the next few weeks, the Eastern DistrictWebsite (www.mied.uscourts.gov)will have asection devoted to the history of the court. Whenyou access the district home page, just “click on”the words “Historical Society.” Right now there arethree sections: Overview, Newsletter and Site Links.“Overview” discusses the mission and activities ofthe society. The “Newsletter” section contains thelatest newsletter (all published newsletters will soonbe on-line), and the “Site Links” section containshyperlinks to the other court history sites.

Plans are underway to expand the site. A historyof the court, and lists of Chief Judges, all EasternDistrict Court Judges, Bankruptcy Judges,Magistrates, Clerks, U.S. Attorneys and Marshalswith their dates of service will be includedinitially. As soon as possible thereafter,information on these individuals (biographies,papers, decisions, etc.) will be added. Summariesof important Eastern District cases will then beincluded, containing briefs, opinions, transcriptsand news articles.

Finally, a section on the architectural history ofthe court will be prepared. Photographs, sketchesand written descriptions of the buildings thathave housed the court, and its branches, sinceits inception, including the “million dollar”courtroom, will be presented.

Although our files contain a great deal aboutthese topics, we are seeking any information,documents or photographs that members, orothers, are able to add, especially anecdotalinformation about judges and cases, and anyinteresting or old photographs. If requested,copies or photographs of any submitted materialswill be made, and the originals returned. If youwish to contribute please contact the AcquisitionsCommittee at (313) 234-5049. ■

Page 10

Judge Cornelia KennedyTo Speak To FBA –Historical Society LuncheonBe sure to mark your calendar for noon,Tuesday, November 8, 1999. Judge Kennedy haskindly agreed to reminisce with us about herexperiences on the district and circuit courts. JudgeKennedy was appointed to the Eastern District inOctober, 1970 and became Chief Judge in January,1977. She left in 1979, after being appointed tothe Sixth Circuit, where she now sits. Given herlongstanding association with these two institutions,we know you will find her talk very interestingand worthwhile.

For tickets, please call Dennis Barnes, ProgramChairperson, or Vanessa Lozzi, at (313) 965-9725.Tickets are $25.00 for FBA and Historical Societymembers, $27.00 for others. The event will be heldat the Pontchartrain Hotel. We look forward toseeing everyone there.■

Court Holds MemorialCeremony ForJudge Robert DeMascioOn June 7, 1999the court helda memorialceremony forJudge Robert E.DeMascio. JudgeZatkoff presidedover thisExtraordinarySession of thecourt at whichJudge Woods,Richard Bisio(former lawclerk), JudgeGeraldine Fordand FrankStella, amongothers, spoke.Phil Masonspoke first on behalf of the Historical Society.

Mr. Mason has conducted ten oral histories ofEastern District Judges so far and related some ofwhat he learned from Judge DeMascio during hisseveral lengthy interviews.

Judge DeMascio’s parents immigrated from Italy,and after Ellis Island, found their way to westernPennsylvania. It was there, near Pittsburgh, thathe was born on January 11, 1923, one of eightchildren. At the age of thirteen, after a disastrousflood in the Pittsburgh area, he came to Detroit tolive with his older brother. From the time he arrivedhe had to work to support himself and his family.At fifteen he became an usher at the WhittierTheater on East Jefferson, and continued to workall the way through high school and college.

During World War II he spent four years in theNavy, two of which were overseas in the Pacific.This gave him the desire to go on to college and dosomething with his life. The GI Bill made hisenrollment at Wayne State University and lawschool possible.

After leaving law school in 1951, his objective wasgetting a job in the U.S. Attorney’s office, whichhe did, later becoming the chief of the criminaldivision. Judge DeMascio said, “If I summarize myyears in the U.S. Attorney’s office, I’d say it gaveme a love for the federal practice and a loyalty tothe federal courts that have never left me.”

In 1967 he was elected to the Detroit RecordersCourt where he gained his reputation as a toughtask-master. He barred bondsmen from courtbuildings. He did not allow pimps and panderers inthe building during trials of prostitutes. He insistedthat jurors and attorneys dress appropriately. Heinstalled a buzzer so that the courtroom was quietwhen the judge entered, and despite teasing fromfellow judges, it was his steadfast position thatfinally resulted in decorum in the court.

In 1971 he was appointed to the U.S. District Courtby President Nixon, where he served for the nexttwenty-eight years. In his oral history, hehighlighted his involvement in the Detroit schooldesegregation case, and the City of Birmingham,Chester Campbell, Serelli, Bowers and Beckhamcases, which he thought were the most importantof his career.

Robert E. DeMascioJanuary 11, 1923 –

March 23, 1999

Page 11

In his last discussion with Mr. Mason, he was askedto look back and reflect on his career. He said:

It’s been an enjoyable and challenging lifeand career. The years went by so fast that itis hard to believe. But now in my personalcircumstances, I kind of need to organize mylife. I really need something I can do and relyon and I don’t think I would change anything.

Judge Woods spoke next and commented on theirforty-six-year friendship. He talked about JudgeDeMascio being a person of absolute dedication andtotal and lasting commitment to his wife, Margaretand his daughter, Mary, whom he loved dearly. Healso spoke about the Judge’s total dedication andcommitment to his religious faith, to his concept ofArticle III, to his place and duty on the bench, andto his personal convictions, both political andphilosophical. Judge Woods said, “[t]here is never adoubt where Bob ever stood on any subject matter.”

Judge Woods also spoke about Judge DeMascio’smembership in the Michigan Seniors and his golfingskill. He quoted from a letter of recommendationsupporting the Judge’s membership. It said:

As for the judge’s golfing prowess, he is,on occasion, what we call sneaky long. On theother hand, he can’t putt a lick. So, he promisesto be a real mark for all of those hustlers in theMichigan Senior Golf Association.

Bob can’t see worth a damn so it is importantthe board and the membership realize that around of eighteen with his worship will bepunctuated with a great many “Where didit go? Where did it go?”

Judge Woods added, “Bob would miss a two- orthree-foot putt when it counted and he’d say, `Well,every shot makes somebody happy’”. Concluding,Judge Woods said:

If I were going to play eighteen last holesof my lifetime, I would have to play it withBob because he was a wonderful, loving friendfor forty-six years, and because, frankly, hewas such a good sport.

Richard Bisio talked about the relationship thatJudge DeMascio had with his clerks. Looking back

at his experience with the judge, he saw an “acutesense of fairness and courage, hard work andtenacity in doing what he thought was right.” Butwhat he remembered most was his concern for eachone of his clerks and their personal development.Mr. Bisio said:

He cared about us. He cared about the peoplearound him as individuals. We weren’t justemployees. We had lunch with the judge almostevery day. We talked about many things.

Judge Ford’s relationship with Judge DeMasciowent back to their law school days in the graduatingclass of 1951. Their paths crossed again in the U.S.Attorney’s office in 1963 and when they both ran atthe same time for judge of the Recorders Court.There were eighty-three candidates in the race andonly thirteen to be selected. She knew that whenJudge DeMascio became chief judge of that courtthings were going to change. Since her colleagueson the bench knew that she knew Judge DeMasciovery well, they would tell her, “He’s very difficult,he’s very difficult. He’s fair but he’s very difficult.”She also talked about his unerring sense of justiceand his commitment to developing the PublicDefender system. She said that his groundwork inestablishing this system enabled it to exist to thisday in Recorders Court.

Another long-standing friend, Frank Stella, spokeof Judge DeMascio’s commitment to helpingindividuals, uplifting Italian-Americans andsupporting his church. He spoke of the judge’sregular visits to St. Marys, as did Judge Ford, andkneeling alongside him when he prayed. Mr.Stella said, “I’m sure he prayed not for his ownbetterment, but for the betterment of others.”

Judge Zatkoff closed the session by reading a letterfrom Judge Feikens. He read:

For those of us who are in their seventh oreighth decade of life, it is especially painful tolose a good friend. Life for us in these decadesbecomes more and more precious since wesee more clearly than at a younger age theinevitability of death. Perhaps more so it is thenthat one grieves deeply and quietly. So it iswith me as we join in memory to say againhow much I miss him.■

MEMBERSHIP APPLICATION

Annual membership fees:

u FBA Member $ 10.00

u Member $ 15.00

u Patron $100.00or more

Please make checks payable to:

Historical Society – U.S. District Court – E.D. Michigan

Membership contributions to the Society are tax deductiblewithin the limits of the law.

Name: ____________________________________________

Address:___________________________________________

City:______________________________________________

State/Zip Code: _____________________________________

Phone: ____________________________________________DAY EVENING

This is a gift membership from:

__________________________________________________

QUESTIONNAIRE

We would like to know about your interests and skills. Pleasefill in this questionnaire and mail it with your membership fee.

Name: ____________________________________________

Special interests in the field of legal history:

__________________________________________________

__________________________________________________

Suggestions for programs or projects:

__________________________________________________

__________________________________________________

__________________________________________________

Indicate interest in Society’s activities:

u Writing articles for the Society newsletteru Conference planningu Oral historyu Research in special topics in legal historyu Fund development for the Societyu Membership recruitmentu Archival preservationu Exhibit preparationu Educational programsu Other (please describe): ___________________________________________________________________________

The Historical SocietyU.S. District CourtTheodore Levin U.S. CourthouseDetroit, Michigan 48226

THIS FORM MAY BE DUPLICATEDAND SUBMITTEDWITH YOUR MEMBERSHIPFEE