Fury on Earth: A Biography of Wilhelm Reich

(Jacob Rumans) #1
30 : The Trial: 1956

The trial date, originally scheduled for December 1, 1955, was postponed until
March 6, 1956. It was changed once more and a definite date set for April 30. Clifford, whose
wife was very ill, asked to be excused from serving as judge; he was replaced by Judge George
C. Sweeney^1.
When Reich received notification of the trial, he was upset that the notification was
signed by the clerk of the court rather than by the judge himself. Throughout the legal pro-
ceedings Reich became very perturbed by such minor points, to the distress of his lawyers.
In this instance, Reich wrote to Judge Sweeney on April 24, stating that if he did not receive
a properly signed notification for the new trial date, he would assume he did not have to
appear in court.Once again Reich took a judge’s failure to respond as a sign of agreement
and thought he did not have to appear.
He did have to. Reich was arrested in Washington; Silvert, who complied with
Reich’s interpretation, in New York on May 1. Reich spent the night of May 1 in a
Washington jail. On May 2, both were brought in handcuffs to Portland, where they spent
another night in jail Reich had often said that even if “they” put him in “chains,” he would
not relinquish his position. Now he had brought this to pass but over a quibble. The judge
later found Reich and Silvert in contempt for not appearing on time. He fined Reich $500 and
Silvert $300.
The trial itself started at ten o’clock on May 3. Reich served as lawyer for Silvert, the
Foundation,and himself.He had always wanted to examine his witnesses and cross-examine
the government’s should a trial occur, so there was little place for Haydon in the courtroom,
though the relationship between the two men remained cordial.
About forty ofReich’s friends (including Aurora Karrer) and followers were present
in the courtroom. I attended the first, third, and fourth days. Much of the following descrip-
tion is based on my notes made at the time.
The jury was speedily seated, with only one juror challenged. It looked like a movie
jury—extremely typical of the American populace down to one black person. There were
several middle-aged women.
Maguire made his opening address to the jury, stating that he was going to prove that
Reich and Silvert had committed contempt. Reich, who along with Silvert pleaded “not
guilty,” began his opening statement, attempting to convey some of the broader issues he
wanted to go into,but the judge soon cut him off, telling him to limit himself to the issue of
proving he had not committed contempt. The confusion of the whole trial became manifest


414 Myron SharafFury On Earth

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