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In 1917 a bomb exploded in a Milwaukee police station, killing nine officers and a civilian. Those responsible never were apprehended, but police, press, and public all assumed that the perpetrators were Italian. Days later, eleven alleged Italian anarchists went to trial on unrelated charges involving a fracas that had occurred two months before. Against the backdrop of World War I, and amidst a prevailing hatred and fear of radical immigrants, the Italians had an unfair trial. The specter of the larger, uncharged crime of the bombing haunted the proceedings and assured convictions of all eleven. Although Clarence Darrow led an appeal that gained freedom for most of the convicted, the celebrated lawyer's methods themselves were deeply suspect. The entire case left a dark, if hidden, stain on American justice.
Largely overlooked for almost a century, the compelling story of this case emerges vividly in this meticulously researched book by Dean A. Strang. In its focus on a moment when patriotism, nativism, and terror swept the nation, Worse than the Devil exposes broad concerns that persist even today as the United States continues to struggle with administering criminal justice to newcomers and outsiders.
- Sales Rank: #713261 in eBooks
- Published on: 2013-03-22
- Released on: 2013-03-22
- Format: Kindle eBook
From Booklist
In the early part of the twentieth century, before the Russian Revolution, anarchists, rather than Communists, were feared as the most dangerous promoters of violent revolution in the U.S. Anarchists were blamed, tried, and executed for the so-called Haymarket Riot, and a self-proclaimed anarchist assassinated President McKinley. In 1917, the U.S. entered the war in Europe, and both the oppositional agitation of anarchists and the fear and hatred of them intensified. On November 24 of that year, a powerful bomb exploded in a Milwaukee police station, killing 9 police officers and a civilian. Investigation immediately focused on local anarchists, but evidence was scant, and no one was ever charged. In what seems to have been an effort to win a consolation prize, 11 anarchists were charged by local prosecutors with assault with intent to kill for a fatal confrontation at a rally two months earlier. As Strang, a criminal defense attorney and law professor, shows, the investigations and trial of the 11 was a travesty that reeked of ethnic and political prejudice and tainted the judiciary, prosecution, and even defense attorneys. This is a riveting account of a miscarriage of justice relevant to our times, when fear of radicals of a different stripe may infect our system of justice. --Jay Freeman
Review
“A probing, sensitive account. Dean A. Strang, himself a skillful defense attorney, has exposed American racism at its worst, and perversion and corruption of the legal system at its best.”—Stanley Kutler, author of Wars of Watergate
“Strang’s fascinating book excavates a conspiracy trial in Milwaukee back in 1917 that sheds crucial insights into the failings of our legal system and the hazards of succumbing to mass hysteria against immigrants and alleged terrorists. The book provides urgent lessons for us all. And along the way, the author provides vivid portraits of Clarence Darrow and Emma Goldman.”—Matthew Rothschild, editor of The Progressive
“In engaging prose and with a terrific eye for detail, Strang gives us the full story of a fascinating—and almost forgotten—moment of conflict from Milwaukee's past. His book explores debates over civil liberties and terrorism, immigration and radicalism as they were lived and fought over a century ago.”—Beverly Gage, author of The Day Wall Street Exploded: A Story of America in its First Age of Terror
“Strang paints a convincing and critical picture of the events in question, illuminating this moment in American history and justice. . . . Bound to be of interest to scholars and hobbyists alike.”—Publishers Weekly
“A beautifully written account of Milwaukee a century ago, as well as a fair appraisal of the political passions of those times in the light of recent research. Strang approaches his subject with the skill of a sympathetic storyteller.”—Shepherd Express
About the Author
Dean A. Strang is a criminal defense lawyer in Madison, Wisconsin, and an adjunct professor at the law schools of the University of Wisconsin and Marquette University. For more than fifteen years he lived on the Milwaukee block that was the scene of the September 1917 riot.
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14 of 15 people found the following review helpful.
More Questions About Darrow's Character
By Norman A. Pattis
How far was Clarence Darrow willing to go in support of his clients? The law requires a duty of zealous advocacy. We are required to make our client's cause our cause. Happy the lawyer whose role as advocate in a case or controversy corresponds with his own deeply held political and philosophic commitments.
But lawyers also have a duty to the court. We owe it a duty of honesty, or, as the law puts it, we have a duty of candor toward the tribunal.
A lawyer wears two hats: he or she is both an advocate and an "officer of the court." What do you do when you have no confidence in the courts?
Darrow was fond of saying such things as: "There is no such thing as justice - in or out of court;" and, "Justice has nothing to do with what goes on in a courtroom. Justice is what comes out of a courtroom." That sounds an awful lot like what might be called consequentialism, or gauging the worth, or value, of a thing by the result it produced.
There have long been suspicions that Darrow was more than willing to bend the law's inflexible rules to benefit a client. He twice stood trial for jury tampering in California, accused of bribing jurors in support of defense of the McNamara brothers, labor activists who firebombed the Los Angeles Times building in 1910, causing the death of 20 employees. In the first trial, a jury acquitted him as to the charges as to one juror; a second jury deadlocked as to the other juror. California agreed not to prosecute him a third time if he agreed never to take another case in that state.
Although I've not read the record of those trials, biographers present more than enough evidence to support the conclusion that Darrow was culpable: He was standing within eyesight of one juror as an investigator paid the man.
Dean Strang's new book, Worse Than The Devil: Anarchists, Clarence Darrow and Justice in a Time of Terror, (University of Wisconsin, 2013), sheds new, and troubling, light on another episode in Darrow's career. Did he conspire with prosecutors to alter an appellate record to provide relief to his clients in a Wisconsin case?
Ten men and one woman were convicted in Milwaukee, Wisconsin, in 1917. All were Italians living in the United States. They were charged with conspiracy to commit murder arising from an assault on police officers in the city's Bay View section. The violence erupted at a confrontation between a crowd and a cleric preaching love of country and salvation.
Days before the trial of these 11, a suspicious parcel was found next to the church of the evangelizing minister. The package was taken to the local police station, where it exploded, killing nine police officers and one civilian. Prosecutors pressed their case before a jury prone to convict Italians, suspected anarchists, and those opposed to Woodrow Wilson's alliances in what we now call World War I. The jury returned a quick verdict as to all eleven defendants, deliberating just 17 minutes.
Clarence Darrow was brought in to handle the appeal. Although known primarily as a trial lawyer, Strang, himself a criminal defense lawyer and adjunct law professor at the University of Wisconsin and Marquette University, notes that Darrow handled some 60 appeals in about as many years at the bar.
The Wisconsin Supreme Court vacated 9 of the 11 convictions, and let stand the 25 year sentence as to the two remaining defendants. Shortly thereafter, Darrow wrote to Wisconsin Governor John J. Blaine to request a pardon for these two. Surprisingly, the trial judge and the prosecutor joined in the request by way of a separate letter. The men's sentences were commuted.
It is a stunning end to a difficult case. How did Darrow do it?
A Wisconsin grand jury wondered the same thing, and investigated whether Darrow and the prosecutor obstructed justice by altering the appellate court record, or otherwise obstructing justice. Although no one was charged, Strang, who reports that he is the first to write on Darrow's role in this case based on access to the transcripts of these secret proceedings, makes a powerful case that Darrow tinkered with the machinery of justice. "At the very least," he writes, "there is solid evidence that [the prosecutor] and Darrow aspired - more, conspired - to corruption."
Why would the prosecution and defense work together? The conviction of the Bay View 11 was a cause celebre among anarchists. After the trial, the prosecutor's life was threatened by enraged anarchists. There were attempted bombings. He is believed to have sought a quid pro quo with Darrow: call off the anarchists, and I'll agree to fix the record on appeal so that the defendants' convictions can be reversed.
These are stunning accusations. Among the fixed points in a lawyer's firmament is the sacrosanct character of a trial record. A lawyer who tampers with one is much like a surgeon who spits into the open body of his patient. It is, by today's standards, and, I suspect by the standards prevalent in Wisconsin a century ago, beyond the pale.
No one was charged after the Wisconsin investigation, so there is no verdict to decide the issue, in so far as verdicts ever really decide an issue. But the circumstantial evidence recited by Strang more than suggests that Darrow, the great consequentialist, decided that he'd get justice out of court by any means possible. It is a troubling black mark on the already tarnished legacy of a lawyer I admire more than any other.
Plenty of lawyers today have lost faith in the courts. I am among them. A judge called me out not long ago, chastising me in a private conversation for some of the things I have written. "You should be more careful," the jurist said. "People read what you write, and it does not inspire confidence in the courts."
"I have no confidence in the courts," I replied. "I see daily what goes on in the name of justice, and it makes me sick," I continued. The judge's eyes widened.
I suppose I over-stated my case. I do not believe there is justice in court. The courts are a flawed institution. But for the life of me, I cannot endorse Darrow's apparent solution. Tampering with juries, obstructing justice - these things only make a bad situation worse. Stang's book raises new and serious questions about Darrow, questions that Darrow scholars and admirers must now address: I commend Dean Strang for raising them.
7 of 7 people found the following review helpful.
If you enjoy good writing and a fact-based story that allows you ...
By Chris
Drawing on his experiences and talents as a trial lawyer, appellate lawyer, and legal scholar, Dean Strang has put together an insightful, thoroughly researched book about relatively unknown events in the early part of the 20th century. Don’t go into this book expecting to ride along on the wave of a legal thriller; to fully experience the story’s content and the craft that went into creating it, requires a concentrated devotion—a full immersion in the narrative—and if you do so it will be a rewarding and enlightening experience.
I found that the book really picked up with the trial of the eleven Italian alleged anarchists, followed by the appeal, and then the aftermath of the appeal. (Strang makes a compelling case for a less-than-legal deal to obtain the governor’s pardon of the two defendants whose convictions and sentences were upheld by the WI Supreme Court. Although iconic defense attorney Clarence Darrow was part of the manufacturing the deal, and despite Darrow’s prior history of questionable ethical behavior in the McNamara case, Strang uncovers information indicating that the lead prosecutor and, to a lesser extent, perhaps the trial judge, may have been the primary moving forces behind the efforts to secure the pardons.)
This is a book both for scholars/students of legal history as well as laypersons interested in important events from an earlier time in our country’s history. The events detailed and analyzed in this book took place almost a century ago and of course so much has changed in the world, and in American society, since then, but what I found fascinating, and at times dismaying, is that human nature for the most part remains the same.
If you enjoy good writing and a fact-based story that allows you to see and feel the unfolding of important events of the past, you should read this book.
6 of 6 people found the following review helpful.
Turns out he's also an excellent historian and gifted writer
By William J Tyroler
Dean Strang is a highly respected practicing attorney. Turns out he's also an excellent historian and gifted writer. He places in its larger context -- political, cultural, social -- the 1917 bombing of the Milwaukee police station, and in the process rescues it from undeserved obscurity. Anyone interested in the temper of that era will find his account fascinating, but he puts to particular use his refined skills as a criminal defense practitioner, appellate as well as trial. In the wrong hands, courtroom procedurals are dry, dull, often misleading. In Strang's hands, the courtroom scenes are lively, engaging, informative. Unreservedly recommended.
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