I witnessed the entire affair and am willing to try to identify this woman if she is the so-called Axis Sally and keep her and the likes of her out of this country, which we love and they betrayed… I consider it my duty to do whatever possible.337
A few days later, Pearson received another handwritten note from a former Army Ranger named Robert Ehalt, the prisoner of war who refused to let the men of Stalag IIB record messages for Midge and the Professor in 1944. He vividly recalled her angry reaction to the horse manure-filled cigarette carton that his fellow prisoners gave her, and her threat that they would soon regret it. Ehalt vowed not to let the haughty collaborator get away:
I refused to allow her to take these recordings. As she left her parting words were “What a bunch of ungrateful people we Americans were.” This woman was Berlin Sally. At the time she visited us she asked the boys to make records saying that we were being treated good and had plenty to eat. Outside of the barracks she had a sound truck already [sic] to the USA by short wave.
This woman spoke perfect English and said she had come from America; also that she had lived in NY a long time in Greenwich Village. Her hair was black. The man with her was a German professor. This woman, I believe, came to see what was left of the 1st Ranger Battalion because all through the N. African, Tunisian, Sicily and Italy campains [sic], she ridiculed the Rangers. I can give you the names of two other GIs who were with me at the time of my conversation with her.
Pearson turned Ehalt and Lawlor’s letters over to Victor Woerheide at the Justice Department. Within weeks, FBI agents interviewed the former POWs. Each man recalled more names, and each successive witness recalled the names of other men who participated in the recordings for the Survivors of the Invasion Front program. The FCC-recorded tapes from the monitoring station in Silver Spring, Maryland yielded additional names. By June 6, 1947, Pearson could report to his readers that the eyewitness testimony of the former POWs gave the Justice Department “a reasonable chance of conviction.”338
The publicity resulted in a nationwide campaign of war veterans in American Legion and VFW posts determined to “bar Axis Sally, Nazi-loving war broadcaster, from returning to the United States unless she is brought back to face trial for treason.”339 One resolution from a Legion post in Detroit, Michigan “was offered by Wilson Elliott, an Air Corps gunner who was forced to listen to her propaganda broadcasts every day for two and a half years in a German prison camp after Elliott’s bomber was shot down over Germany.”340 With veterans groups aroused, the political pressure to keep Mildred in jail was mounting in the upcoming presidential election year of 1948.
President Harry Truman was facing an uphill battle for re-election. It had been almost 16 years since a Republican sat in the Oval Office and the emerging threat of international Communism was fertile ground for the GOP. Truman was determined to appear tough on enemies foreign and domestic, and the prosecution of former Nazi collaborators was an effective means of doing just that. September 1948 saw another infamous propagandist, Iva Toguri d’Aquino, brought back to America. Preparations were being made on the West Coast for “Little Orphan Anne”—better known as Tokyo Rose—to be tried in San Francisco for treason. Mrs. D’Aquino landed on American soil only four weeks after Mildred’s arrival at Bolling Field. The dramatic and public repatriation of the two women was certain to show the voters that the Truman Administration knew how to deal decisively with traitors and bring them to justice.
A Priceless Service
Not all Americans viewed Axis Sally as a traitor. Throughout the war, a dedicated group of hundreds of amateur (“ham”) and short-wave radio hobbyists sat in darkened rooms warmed by the glow of the tubes and dials of their Hallicrafters and Zenith radio sets. With pencils in hand, these average American citizens dutifully monitored the broadcasts of Berlin Radio. Each night, these listeners waded through the German war communiqués, musical interludes and ludicrous commentaries to hear the names of captured and wounded American, Canadian and British troops.
They recorded the names, serial numbers and hometowns of the men. At their own expense, they wrote cards and letters to the families of the imprisoned soldiers informing them that their loved one was captured but alive. In many cases, this correspondence was the first and only news of their lost soldier. Rita Zucca, the Rome “Axis Sally,” also regularly read the names of the captured on her show Jerry’s Front.
In several FBI statements of former prisoners interviewed by Axis Sally, the number of Americans who regularly listened to the wartime broadcasts surprised Hoover’s men. One of the prisoners interviewed by Midge, Homer McNamara, told the FBI how his mother had received a telegram from “some radio ham” up in Maine, advising that he had heard McNamara’s voice over the radio from Germany and that he was a prisoner of war—and alive.”341 Another ex-soldier, John Patrick Butler, gave the G-men:
several postcards and letters received by the members of [his] family after the broadcast was made by [Gillars] to the United States, disclosing her interview with Butler. These communications generally reflect that the writers of the communications had heard the… broadcast and wished to inform the members of the Butler family of Johnny’s message to them. These communications would tend to indicate that Mildred Gillars’ broadcasts were widely heard by numerous people in the United States.342
Of the hundreds of American civilians who listened to the broadcasts of Axis Sally or received information about their loved ones, only two came to her aid. Irwin and Violet Bender of Harrisburg, Pennsylvania regularly listened to Midge during the war. The Benders took up their pens again in defense of the American girl who spoke to them over the airwaves. The couple challenged the validity of the government’s claims against Mildred. Like other acts of postwar dissent, the Benders’ actions came to the attention of the FBI and J. Edgar Hoover. The mother of a former prisoner of war, Gertrude Laughlin, received one such letter in October 1948:
Dear Mrs. Laughlin:
On May 16, 1944, Mildred Gillars read your son’s message via the Berlin Short-wave radio in Germany and your letter of appreciation testifies to the benefits derived from that message. This brave woman, known to American “relay-listeners” as “Midge,” by which name she identified herself over the German radio, has been “kidnapped” by the Department of Justice and they have “framed” a treason charge against her.
There are certain revengeful persons on the loose here in America who wish to see everyone who brushed elbows with anything German during the war wiped off the face of the earth. This brave woman unfortunately found herself in Europe at the outbreak of the War in Europe (which began long before we entered the war) and when we entered it, this woman found the plight of our boys who were prisoners of war in that country, she cast her lot with our boys and began the humanitarian work of helping the boys write their messages, collecting them from the various camps, and then reading them over the Berlin short-wave radio.
She carried out this priceless service for nearly two years and you as well as thousands of others here in America received the great “aid and comfort” that was to be had in her brave efforts in transmitting these messages of life and hope.
The false charge of “treason” (for the definition of treason carries the charge of giving “aid and comfort to the enemy”) is based on her North African broadcasts which were harmless, and there certainly was no “aid and comfort” given to the Germans in all her radio activities….
I have been working very hard in the defense [sic] of Miss Gillars (whom the Department of Justice has “unfairly” dubbed Axis Sally), and have many influential people helping in the cause. My wife and I listened-in and relayed nearly all the messages “Midge” read via the Berlin short-wave radio during the war, and the thousands of letters of appreciation we have received testify to the fact that Miss Gillars has rendered to the American people a priceless service that can never be repaid. The FBI and their “Alma Mater,” the Department of Justice, are trying hard to carry out the wishe
s of certain vindictive persons to “railroad” this girl to life imprisonment, and even—DEATH.343
Laughlin’s son, James (no relation to Mildred’s future attorney), sent the letter to the FBI and told the Bureau that he was “in no way sympathetic with the contents of the letter.”344 Hoover received similar letters from other families concerned that Bender’s message might reflect on their loyalty. One Indianapolis woman passed on the Benders’ letter and told agents that she was “not in sympathy with the request.” Mrs. William F. Boylan of New York City had more reason to be outraged at the Benders’ request for support. Although her son was a prisoner of the Nazis for 22 months and survived the war, he died at home a year later as a direct result of his imprisonment.345
Mildred’s recordings of POW messages for broadcast from Berlin were not treasonous in and of themselves. The prosecution would have to show that she intentionally used those broadcasts to provide aid and comfort to the German war effort, rather than comfort to heartsick families back home.
Justice Department prosecutors also had serious concerns about the testimony of the former prisoners. An examination of the August 1948 correspondence between the prosecutors and the FBI shows that the memories of those GIs who witnessed her actions in the camps were less vivid than their later trial testimony would indicate. Prosecutor John M. Kelley and his team needed two witnesses to the same overt act of treason to get a conviction. Acting Assistant Attorney General Alexander Campbell pointed out the difficulty that the prosecution was experiencing in nailing down the somewhat hazy memories of the former prisoners:
Their encounter with the subject was brief and occurred more than four years ago. Moreover, at the time they were approached by the subject they were underfed and physically exhausted by the ordeal of their capture and the enforced marches which ensued. In view of these factors it is not surprising that reports of investigation submitted by the Bureau following interrogation of these witnesses reflect many omissions and discrepancies. A number of these witnesses were unable to recall either the names or faces of their fellow prisoners who recorded messages at the same time, but express the belief that recognition would probably occur if they could meet face to face. Once these witnesses are brought together for common discussion and reminiscence it is accordingly anticipated that many of said omissions and discrepancies will disappear.346
Even before Mildred returned to the United States, Kelley recognized the possible weaknesses of his case and, more so, his witnesses. To attempt to eliminate the discrepancies, the FBI brought together the former prisoners of war into small groups to listen to Axis Sally recordings and meet for “common discussion and reminiscence.” These eyewitnesses to a capital case required the reinforcement of the memories of their fellow prisoners. Although the majority of the witnesses were able to identify Mildred Gillars from old photographs, the Justice Department was concerned by the fact that the prisoner’s “physical appearance has altered considerably during the period of her incarceration,” and the witnesses would no longer be able to recognize her.347
Campbell asked that the witnesses view the accused immediately after their arrival in Washington, so that “should some of them wholly fail to identify her, they can be dismissed forthwith.”348 Kelley had reason for concern. The FBI reports of their interviews with some of the ex-prisoners cast a shadow on the witnesses’ ability to immediately identify Mildred. When shown recent photographs of her, ex-POW Homer McNamara “failed to pick out the photo of subject Gillars but did select her photo along with one of another woman.” In addition, the investigators noted that a photo with her name written on it “struck no familiar note” with McNamara.349
Campbell went as far as requesting that the witnesses hear her voice, because “in some instances they may have to hear the subject speak before they can be certain one way or another.”350 Axis Sally’s voice was heard by literally hundreds of thousands of GIs in Europe and Africa. The ex-POWs were being called to testify about their personal contact with her in a prisoner-of-war camp. A familiar voice that spoke to them over the radio for more than three years could not determine whether they could visually recognize her. Despite it all, “common discussion and reminiscence” would be used to turn foggy memories into vivid evidence at trial.
Moreover, prosecutor John Kelley was concerned that these discrepancies might affect his ability to get an indictment from the Grand Jury. In an undated FBI internal memorandum, FBI Special Agent F.J. Baumgardner wrote:
Mr. Kelley further related that… there are certain discrepancies in the statements of some of the witnesses, which must, of course, be clarified prior to the appearance of these witnesses before the Grand Jury. He requested that Agents be assigned to interview certain witnesses when they arrive in Washington and endeavor to clear up these discrepancies.351
Baumgardner was annoyed at Kelley’s use of Bureau agents to get his witnesses stories to mesh. He limited their use, stating, “We do not intend to have these Agents running errands, and they will be instructed to perform only the investigation which appears logical, and if a request is made for any illogical investigation, that the Bureau be advised.”352
In January 1948, a renewed search began for German witnesses. The CIC’s European Command alerted all regions of Occupied Germany to seek out musicians who had participated in Mildred’s broadcasts. Despite working daily in the same studio with her, most of the band members did not hear or understand the English content of the messages. The search was largely unfruitful except for information provided by Hermann Rohrbeck, Berlin Radio’s orchestral supervisor during the war. Rohrbeck told the CIC that the only people in the studio who understood what she was saying were a Dutch vocalist and a sound engineer.353 The crooner, Willy DeVries, was to provide damaging testimony at her trial. Several other musicians were located, but they too could not understand the words of the woman in the booth. After months of seeking out her colleagues, the CIC came up with little and called off the search a few months later.
“A stranger in my own country”
The Axis Sally case was sure to dominate the newspapers and radio for months. It was the kind of case that could propel an aggressive, attention-seeking attorney to national prominence. On her second day in the United States, Washington lawyer John M. Holzworth visited Mildred to offer his services. Holzworth presented the jail’s superintendent with his card, along with a letter of recommendation on American Civil Liberties Union stationery. The superintendent, Colonel Curtis Reid, kept the FBI informed of all visitors and correspondence to Axis Sally’s cell. As a result, a declassified documentary record of the preparations for her defense exists.354 Holzworth told the quiet, somber prisoner that he represented a “New York organization” willing to pay for her defense. Never disclosing to her the name of the organization, he left the jail and announced to the waiting press that he had been selected to represent Axis Sally at her upcoming trial.
Holzworth was a flamboyant character with a hunger for publicity. A trial lawyer with a reputation as a big-game hunter, he wrote a seminal book on wildlife in 1930 called The Wild Grizzlies of Alaska, chronicling his observations of the bears over three summers at Alaska’s Glacier Bay. As the Chairman of the National Committee on Protection and Preservation of Wild Life, Holzworth was mentioned in Time magazine in 1932 when he chided President Herbert Hoover for taking his grandchildren to visit the bears at the Washington Zoo.355 A lifelong naturalist in the mold of Teddy Roosevelt, the attorney was the driving force in the bid to make Alaska’s Admiralty Island a nature preserve and part of the National Park system.356 Embarrassingly, he was arrested in 1947 for passing phony checks after he bid $12,500 for the collected oil paintings of the nineteenth-century illustrator Gustave Doré. Holzworth made the newspapers and Time magazine again when his dramatic but ill-starred bid beat a genuine bid of over $10,000, but the check bounced.357
Back in the spotlight, Holzworth told the press that Axis Sally was “without a cent,” and disclosed that he would
immediately file for a writ of habeas corpus.358 Holzworth maintained before the Federal District Court that his client became a German citizen by marriage in 1940 and that she no longer owed allegiance to the United States. As a German citizen, Mildred was being illegally held. Holzworth demanded a written justification for her continued imprisonment by September 9, 1948. The attorney also wrote a telegram to Attorney General Clark claiming that a “very long and costly trial” could be avoided by allowing his client to testify before the grand jury deliberating her fate.
Holzworth also made the curious claim that Army Intelligence had promised Mildred a “clean bill of health” in return for information on Communist espionage activity in the United States. High-ranking German officials had allegedly supplied valuable intelligence to Axis Sally, which she then passed on to CIC. Therefore, her arrest for treason came as a “complete and utter surprise” to his client.359 These statements would explain Mildred’s jaunty claims to her guard that she was not under arrest because the Army had informed her that she was being transported to the US for further interrogation.
Prosecutor Kelley responded that Holzworth was ineligible to request relief because he had not been admitted to practice before the court. Kelley also noted that earlier that same day a “Negro attorney” named Richard W. Tompkins had filed the same request for a writ of habeas corpus.360 When word of the confusion reached the jail, Mildred was incensed. Whether her anger came from the rumors of Holzworth’s connections to the ACLU (an organization known for its defense of Communists and African-Americans) or his assertion that she had been married in Germany, she was determined to renounce the lawyer to all and anyone who would hear. Moreover, she was extremely angry about Holzworth’s claim that she married a German citizen in 1940. “Why should I lie?” Edna Mae quoted her sister when she appeared before reporters in front of the courthouse, stating that the idea was “cooked up” by the lawyer.361
Axis Sally: The American Voice of Nazi Germany Page 18
