The Trial of Dr. Spock: The Reverend William Sloane Coffin, Jr., Michael Ferber, Mitchell Goodman, and Marcus Raskin
By Jessica Mitford
Alfred A. Knopf, NY 1969 287 pages
I think I’m supposed to like “The Trial of Dr. Spock.” It’s written by Jessica Mitford, and hopefully we all know what she’s accomplished. This book is an old one, written in the time period about the time period, and that also has to be taken into account.
After all, how many government trials have we seen since 1969? Do we really expect the judge to be completely neutral? Do we really think that the game won’t be rigged?
But then again, Mitford’s perspective isn’t exactly neutral either. She fully intends to expose the government’s blundering case against The Great Baby Doctor. Dr. Benjamin Spock, the author of the classic book, “Baby and Child Care” was deeply involved with the anti-war movement. In 1967, he was arrested for conspiracy and aiding men in draft evasion.
The crux of the government’s case rested on the protest at Whitehall Induction Center. During the protest, some in the crowd turned in their draft cards. That’s a federal no-no.
It wasn’t unexpected. Just how Spock and others would react was under discussion. If Spock or the others touched the cards, they could be arrested. Before actions, meetings were held to determine a number of other variables. Mitford notes:
“In these meetings, which were attended by ministers and draft resisters, the main policy discussion centered on how to avoid a situation in which young men who hadn’t made up their minds to turn in their cards might be moved to do so by the emotionalism of the moment. Precautions were taken against this; speakers were instructed on no account to exhort the audience to turn in cards, to say nothing that might propel them into making an on-the-spot decision.” (p. 145)
As the trial begins, Mitford notes that the government was careful to make sure that no women would be on the jury. After all, Dr. Spock was every mother’s hero. The lack of women pleased some on the jury.
“We asked (a juror) what he thought of the government challenging the two women called to the jury box: “Don’t misunderstand me, I love women. But we had a job to do, and who wants a woman, who thinks with her feelings about these things?” (p. 231)
This is still 1968, after all. The second wave of the women’s movement is still percolating.
***
In terms of research, Mitford’s book is priceless. She carefully differentiates between Resist, the “over-draft-age people” and Resistance, the “draft-age people.” Joking that Norman Mailer and others can’t seem to get those two right, these type of throw-away facts are extremely important for historians.
Another interesting detail: Leonard Boudin, who represented Dr. Spock in the trial came onto the case at his daughter Kathy’s behest. Described in the book as a “young peace organizer in Cleveland who was a frequent visitor in the Spock home,” Kathy Boudin would later achieve her own kind of infamy as a member of the Weather Underground.
Mitford quotes generously from Leonard Boudin’s brief on behalf of Dr. Spock.
“Can it be a crime to oppose the war and conscription if the war itself is illegal, if the war violates the UN Charter and international law, if crimes against humanity and war crimes are being committed in the course of the war? Moreover, our government agrees that it is bound by the principle it established in the War Crimes Trials at Nuremburg, that individuals are criminally responsible for their participation in war crimes and in the planning and waging of an illegal war. Is it then manifestly unjust to compel a citizen to choose between violating a federal law and participating in an international crime?” (p. 82)
This last sentence – making citizens choose between violating US or international law, is vital to understanding this case. As well, they were compelled to act on the basis that draft-aged men shouldn’t experience the injustice of war alone. Instead of being frightened into silence, people in the Movement believed that there was power in numbers. This is why community was so vital. Witnessing and standing alongside the victims of injustice were core values that drove the Movement forward.
***
In the middle of the trial, war resisters have taken sanctuary in a nearby Arlington Street Church. One refused induction, another was a deserter. Three hundred young people joined the protest, attempting to block the marshals from hauling the resisters off. Police battled the young people; it was an ultra-violent scene.
“Incredible – really frightful,” Dan (Lang) kept saying, shaking his head. He had seen girls dragged by the hair, boys beaten into unconsciousness, heard the urgent screams of the wounded. “The Boston Civil Liberties Union says it is the worst case of police brutality here in fifteen years.” (p. 118)
Mitford nicely juxtaposes this event with comments from the presiding judge.
“Judge Ford: “There’s nothing wrong with FBI agents outside doors.” He paused for a moment, glared menacingly, then added, “They’re needed outside some doors.” (p. 130)
In the end, of course, all except Raskin were found guilty. Raskin wrote the “Call to Resist Illegitimate Authority,” and turned in his own draft card during the rally. Mitford could never quite find out what he did to earn his status. His disappointment is understandable. The rest of the group would earn prison sentences which would later be overturned on appeal.
The war continued, and the ultimate US Government versus Movement trial was still a twinkle in Judge Julius Hoffman’s eye. But anyone who watched this trial unfold should’ve been well-prepared for the Chicago Conspiracy Trial.
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