John E. Wall Legal Papers Pertaining to the Trial of Dr. and Others 1943-1972 (bulk 1967-1968) MS.2008.010 http://hdl.handle.net/2345/604

Archives and Manuscripts Department John J. Burns Library Boston College 140 Commonwealth Avenue Chestnut Hill 02467 library.bc.edu/burns/contact URL: http://www.bc.edu/burns Table of Contents

Summary Information ...... 3 Administrative Information ...... 4 Related Materials ...... 4 Biographical Note: John E. Wall ...... 5 Biographical Note: Benjamin Spock ...... 5 Biographical Note: , Jr...... 6 Historical Note: "Boston Five" Case ...... 6 Scope and Contents ...... 7 Arrangement ...... 7 Collection Inventory ...... 8 I: Transcripts of Proceedings ...... 8 II: John Wall's Legal Papers ...... 8

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 2 - Summary Information

Creator: Wall, John E., 1931-2007 Title: John E. Wall legal papers pertaining to the trial of Dr. Benjamin Spock and others ID: MS.2008.010 Date [inclusive]: 1943-1972 Date [bulk]: 1967-1968 Physical Description 5.25 Linear feet (10.5 boxes) Language of the English Material: Abstract: The collection consists of attorney John E. Wall's notes and background materials used in the prosecution of Dr. Benjamin Spock, Reverend William Sloane Coffin, Jr., and others for encouraging draft resistance during the . It includes handwritten notes, typescript documents, photographs, newspaper clippings, and transcripts of legal proceedings. Preferred Citation

Identification of item, Box number, Folder number, John E. Wall legal papers pertaining to the trial of Dr. Benjamin Spock and others, MS.2008.010, John J. Burns Library, Boston College.

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 3 - Administrative Information

Publication Information Processed by Karen S. Beck, Fall 2008; Rachael Young in 2018. This finding aid was produced using ArchivesSpace.

Restrictions on access Collection is open for research.

Restrictions on use These materials are made available for use in research, teaching and private study, pursuant to U.S. Copyright Law. The user must assume full responsibility for any use of the materials, including but not limited to, infringement of copyright and publication rights of reproduced materials. Any materials used for academic research or otherwise should be fully credited with the source. The original authors may retain copyright to the materials.

Provenance Collection was received as a gift from Jane A. Wall in 2008.

Processing Information The folder titles in Series II. reflect Wall's original lables. He also used metal paper clips to flag some of his materials, which were replaced with plastic clips to preserve their location on the pages.

Related Materials

Related Materials William Sloane Coffin, Jr. papers, MS 1665, Sterling Memorial Library, .

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 4 - Biographical Note: John E. Wall

John E. Wall (1931-2007) was born in Lynn, Massachusetts. He received his B.S. in Government from Boston College in 1954. Following several years of military service, he received his LL.B from Columbia University School of Law in 1960, and was admitted to the Massachusetts Bar in 1961. He received an LL.M from Georgetown in 1965.

During the 1960s he worked as an attorney for the Department of Justice, the United States Attorney's Office, and the Commonwealth of Massachusetts, where he served as Assistant Attorney General. In 1968, while serving as an Assistant United States Attorney, Wall took part in prosecuting Dr. Benjamin Spock, the Rev. William Sloane Coffin, Jr., and three others for encouraging Vietnam War draft resisters. He left the Justice Department in disgust during the Nixon administration, and "changed sides," spending over 35 years in private practice as a defense attorney. He practiced in the areas of criminal law, white- collar crime, and drug-related criminal litigation. He was a fellow in the American College of Trial Lawyers.

In 1993, Wall told the Times: "I thought [the Boston Five] had violated the law, but I had mixed emotions about whether it was good judgment to prosecute them. I believed that we were prosecuting and putting in jail and driving out of the country some of the people with the most tender consciences, some of our best and brightest. I was given the chance to re-prosecute some of them, and I refused. Today, I wouldn't prosecute them at all."

A bachelor until 1969, Wall married Jane A. (Lyness) Wall in 2000. He died in Peabody, Massachusetts in 2007.

Sources:

Marquard, Bryan. "John Wall, at 76; Was Noted Federal Prosecutor, Then Defense Attorney." Obituary in Boston Globe C20. November 23, 2007.

Obituary: "John E. Wall." Herald News. November 23, 2007. http://www.heraldnews.com/archive/ x1720548829 (accessed October 29, 2008).

Biographical Note: Benjamin Spock

Dr. Benjamin McLane Spock (1903-1998) was born in New Haven, Connecticut. He received his B.A. in English from Yale in 1925. During his summer vacations, he worked at a home for disabled children in Newington, Connecticut, and this experience led him to pursue a medical career. Spock received his medical degree from Columbia University's College of Physicians and Surgeons, graduating first in his class in 1929. He married Jane Davenport Cheney in 1927; they had two sons. Spock combined his medical training with postgraduate work in psychology and psychiatry. He brought all of his experiences to bear to produce his most famous book: Baby and Child Care. Publication of this book led to a succession of academic posts in the areas of child development and child psychology; he retired from

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 5 - academia in 1967. He continued to produce revised editions of his book; the most recent edition appeared in 1998, the year he died. He also wrote popular advice columns in Ladies' Home Journal and Redbook.

By the 1960s, Spock had become increasingly socially liberal, as he saw the relationship between child care, health care, education, and other social policy issues. Early in this decade he became concerned about growing political unrest in Vietnam as well, and lobbied Presidents Kennedy and Johnson against armed intervention. Spock and four others were indicted on charges of criminal conspiracy to aid draft evaders, and he was convicted in . A year later, his conviction was overturned on appeal.

Enjoying newfound popularity after the famous trial, Spock continued his career of political activism, becoming co-chair of the People's Party and even running for President. Spock and Jane Cheney divorced in early 1976; later that year, he married Mary Morgan Councille. He enjoyed ballroom dancing and sailing throughout his life, and died in San Diego.

Sources:

Opitz, Donald L. "Spock, Benjamin." American National Biography Online. http://www.anb.org/ (accessed October 23, 2008).

Biographical Note: William Sloane Coffin, Jr.

William Sloane Coffin, Jr. (1924-2006) was born into a prosperous family. He earned a B.A. in government from Yale. He served as an Army officer during World War II, where he served as a liaison to the French and Soviet armies due to his language skills. His expertise in Russian also led to a three-year stint as a CIA agent in Germany training operatives for subversive operations within the Soviet Union. Coffin received his bachelor of divinity degree from the in 1956. He served as at Yale from 1958 to 1976, and used his pulpit as a platform for civil rights and antiwar activities. Coffin and four others were indicted on charges of criminal conspiracy to aid draft evaders, and he was convicted in June 1968. A year later, his conviction was overturned on appeal. After the end of the Vietnam War, Coffin continued his social activism, working for a nuclear freeze and opposing many U.S.-led military interventions. He published a memoir and a number of works merging Christian theology with social activism. He married three times: to Eva Rubinstein, Harriet Gibney, and Virginia Randall Wilson, and had three children. He died at his home in Strafford, Vermont in 2006.

Sources:

"Coffin, William Sloane." H.W. Wilson Company WilsonWeb, http://vnweb.hwwilsonweb.com (accessed October 23, 2008).

Historical Note: "Boston Five" Case

In 1968, while serving as Assistant United States Attorney, Federal District of Massachusetts, John E. Wall was one of the team of attorneys who prosecuted the "Boston Five": Dr. Benjamin Spock, the

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 6 - Rev. William Sloane Coffin, Jr., , , and on charges of criminal conspiracy in aiding Vietnam War draft resisters.

Spock and Coffin had separately been involved in draft resistance activities for several years. In 1965, Coffin publicly declared his support for "the Resistance," an antidraft movement. On October 2, 1967, he chaired a press conference announcing "A Call to Resist Illegitimate Authority," an antidraft manifesto. On October 16, 1967, he was one of the organizers who arranged a Boston rally at which young men turned in their draft cards, and he was among a group of people who delivered the cards to the Department of Justice in Washington, D.C. four days later. In 1967, Spock and Martin Luther King, Jr. led a march called the "Spring Mobilization to End the Vietnam War" in . Spock was first arrested in December 1967 at an antidraft protest at the army induction center in New York City.

A month later, the U.S. Department of Justice indicted the five defendants, who came to be known as the "Boston Five" despite the fact that Spock was unknown to the others. All but Raskin were convicted of "conspiracy to counsel, aid, and abet"; disobedience of the Selective Service Act in June 1968. A year later, the U.S. Court of Appeals overturned the decision and acquitted them.

Scope and Contents

The John E. Wall Legal Papers includes handwritten notes and memoranda, typescript memoranda and reports, photographs, newspaper clippings, magazine articles, and transcripts of legal proceedings belonging to attorney John E. Wall. Wall was a United States Attorney who prosecuted Dr. Benjamin Spock, the Rev. William Sloane Coffin, Michael Ferber, Marcus Raskin, and Mitchell Goodman for "conspiracy to counsel, aid, and abet" disobedience of the Selective Service Act during the Vietnam War. The collection spans the years 1943-1972, with the bulk of the materials dated 1967-1968.

The greater portion of the collection consists of daily transcripts of Federal District Court and United States Court of Appeals proceedings. The remainder of the collection consists of materials that John Wall used to prepare his case for trial.

Arrangement

Collection is arranged into two series. I. Transcripts of Proceedings, and II. John Wall's Legal Papers.

Series I is further divided into two subseries: A. U.S. District Court, and B. U.S. Court of Appeals.

Series II is further divided into seven subseries: A. Wall's notes, B. Persons connected with the case, C. Events connected with the case, D. Photographs, E. Lab reports, F. Secondary Sources, and G. Army records regarding William S. Coffin.

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 7 - Collection Inventory

Series I: Transcripts of Proceedings, 1967-1968 Scope and Contents

This series consists of daily typed transcripts of Federal District Court and United States Court of Appeals proceedings in the case of United States of America v. William Sloane Coffin, Jr., Michael Ferber, Mitchell Goodman, Marcus Raskin, and Benjamin Spock. It is arranged into two subseries: U.S. District Court proceedings, and U.S. Court of Appeals proceedings.

Subseries A: U.S. District Court, 1968 Scope and Contents

This subseries consists of daily typed transcripts from the trial of Coffin, Spock, Ferber, Goodman, and Raskin in the United States District Court (District of Massachusetts). The transcripts are arranged chronologically.

Transcript of Proceedings, vol. 1-17 and 19-20, 1968 box 1 folder 1-7 box 2 folder 1-5 box 3 folder 1-5 box 4 folder 1-6

Subseries B: U.S. Court of Appeals, 1967-1968 Scope and Contents

This subseries consists of daily typed transcripts of appeals from judgments of the United States District Court for the District of Massachusetts in the case of U.S. v. Spock, Ferber, Goodman and Coffin. The transcripts are arranged chronologically.

Docket, Pleadings, Motions, Court Papers, vol. 1-2, 1968 box 4 folder 7-8

Transcript of Proceedings, vol. 3-18, 1968 box 4 folder 9 box 5 folder 1-6 box 6 folder 1-6 box 7 folder 1-3

Exhibits, 1968 box 7 folder 4-6

Series II: John Wall's Legal Papers, 1943-1972 Scope and Contents

This series contains handwritten notes and memoranda, typescript memoranda and reports, newspaper clippings, photographs, and magazine articles collected by John Wall and used by him to prepare the government's case against Spock, Coffin, Ferber, Goodman and Raskin. The materials in this series were originally housed in large manila envelopes labeled by Wall or an assistant. Each manila envelope was given a corresponding folder in this series, and John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 8 - the folder was given the same label as the envelope. Some of the manila envelopes arrived at the archives empty, but were nevertheless given a folder of their own to show Wall's arrangement of his papers. The folders are arranged into seven subseries: Wall's Notes on the Case; Persons Connected with the Case; Events Connected with the Case; Photographs; Scientific Test Reports; Secondary Sources; and Other.

Subseries A: Wall's Notes on the Case, 1967-1972 Scope and Contents

This subseries contains handwritten and typescript materials that Wall used to prepare his legal arguments.

Untitled, 1967-1972, undated box 7 folder 7-8

"Law", 1968, undated box 7 folder 9

"News Media", 1967-1968, undated box 7 folder 10

Subseries B: Persons Connected with the Case, 1967-1972 (1967-1968) Scope and Contents

This subseries includes many folders, each one corresponding to a manila envelope labeled by Wall or an assistant. The folders are arranged into six sub-subseries. Sub-subseries 1, "Defendants," includes one folder of restricted material: Coffin - NY Times Magazine Story, 1943- 1968 (bulk 1944-1950). This material includes the military service records of William Sloane Coffin, Jr., including records of his physical and mental condition and evaluation of his military service. Wall obtained this material for use in his prosecution of Coffin and the other defendants.

Sub-subseries 1: Defendants, 1967-1972 (bulk 1967-1968). Sub-subseries 2: FBI Personnel, 1967-1968. Sub- subseries 3: Members of the News Media, 1967-1968. Sub-subseries 4: Members of the Attorney General's Office, 1967-1968. Sub-subseries 5: Witnesses Interviewed by the Prosecution, undated, probably 1968. Sub- subseries 6: Other Persons Connected with the Case, 1967-1968. Within each sub-subseries, folders are arranged alphabetically by last name.

Sub-Subseries 1: Defendants, 1967-1972 (1967-1968)

Coffin - Press Conference, New Haven, 1967 December 1 box 8 folder 1

Coffin - Letter to FBI, Inventory of Draft Cards, 1967 box 8 folder 2 December 16

Coffin - NY Times Magazine Story, 1967-1968 box 8 folder 3

Coffin at Yale - Photos, 1968 April 3 box 8 folder 4

Coffin and Ferber in New York City, 1968 April 27 box 8 folder 5

Ferber, 1962, 1967-1968, undated box 8 folder 6-7

Ferber - Speech at Arlington Street Church, 1967 October 16 box 8 folder 8

Goodman, 1967-1968 box 8 folder 0

Goodman in Central Park, 1968 April 3 box 8 folder 10

Goodman in Central Park - Photos, 1968 April 3 box 8 folder 11

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 9 - Spock, 1967-1968 box 8 folder 12

Spock at Columbia, S.C. (November 11, 1967), 1967-1968 box 8 folder 13

Sub-Subseries 2: FBI Personnel, 1967-1968

John Blazek (Agent), Washington, D.C., 1967, undated box 9 folder 1

Richard Coffman and Kilmer Krebs (Agents), 1967 October box 9 folder 2 24

Kenneth Lang (Agent) - Goodman & Ferber at Town Hall, box 9 folder 3 1968 January 14

Bryan Lange (Agent) - Coffin and Ferber in Central Park, NY, box 9 folder 4 1968 April 27

Madison (Agent), probably 1968 box 9 folder 5

Lawrence Miller (Agent) - Press Conference, N.Y. Hilton, box 9 folder 6 1967 October 2

Michael W. Stewart (Agent) - Boston, 1967 October 16 box 9 folder 7

Frederick Webb (Agent) - Lab Report, 1967 box 9 folder 8

Whitcomb - FBI Handwriting Expert, 1968 May 15 box 9 folder 9

Sub-Subseries 3: Members of the News Media, 1967-1968

Benjamin J. Adams - Justice Dept., Washington, D.C. box 9 folder 10 (October 20, 1967), 1968

Robert Alis - Press Conference, Hilton, NY (October 2, 1967), box 9 folder 11 1968

James Arnold, Jr. and Edward Dooks - Arlington Street box 9 folder 12 Church, Boston (October 16, 1967), 1967-1968

William Betsch - Coffin at Yale (April 3, 1968), 1968 box 9 folder 13

Eugene Boesch, Jr. - Penn Garden Hotel, NYC (November 30, box 9 folder 14 1967), 1968

Robert C. Child, III - Coffin at Yale (April 3, 1968), 1968 box 9 folder 15

William H. Clements - Justice Dept., Washington D.C. box 9 folder 16 (October 20, 1967), 1968

Frank Cushing - Photos at Arlington Street Church (October box 9 folder 17 16, 1967), 1968 May 13

John Davin and Joel Goldberg - Arlington Street Church, box 9 folder 18 Boston (October 16, 1967), 1967-1968

David Dickerman, circa 1968 box 9 folder 19

David Dickerman - Press Conference by Coffin in N.H. box 9 folder 20 (December 1, 1967), 1967-1968

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 10 - Edmund DiMeglio - Ferber on Boston Common (April 3, box 9 folder 21 1968), 1968

Anne S. Freeman - Spock at Benjamin Franklin Hotel, box 9 folder 22 Philadelphia (November 29, 1978), 1967-1968

Eleanor Huygens (aka Knight) - Penn Garden Hotel, NYC box 9 folder 23 (November 30, 1967), 1967-1968

Carl Larsen - Justice Department, Washington (October 20, box 9 folder 24 1967), 1968

Carroll Myett - Photos at Arlington Street Church (October box 9 folder 25 16, 1967), 1968 May 13

Saul Resnick - Spock at Benjamin Franklin Hotel, box 9 folder 26 Philadelphia (November 29, 1967), 1967-1968

Joe Runci - Photos at Arlington Street Church (October 16, box 9 folder 27 1967), 1968 May 13

Paul W. Schaffer - Goodman at Town Hall, NYC (January 14, box 9 folder 28 1968), 1968

Min Yee - Ferber's Speech (October 16, 1967), 1967-1968 box 9 folder 29

Sidney Zion - Penn Garden Hotel (November 30, 1967), box 9 folder 30 undated

Sub-Subseries 4: Members of the Attorney General's Office, 1967-1968

Letter to Attorney General Clark, 1967 October 7 box 10 folder 1

John McDonough - Turn-In of Cards (October 20, 1968), box 10 folder 2 1967-1968

Sub-Subseries 5: Witnesses Interviewed by the Prosecution, probably 1968

Richard W.B. Lewis, undated, probably 1968 box 10 folder 3

David McReynolds, undated, probably 1968 box 10 folder 4

Seymour Melman, undated, probably 1968 box 10 folder 5

Aryeh Neier, undated, probably 1968 box 10 folder 6

Sub-Subseries 6: Other Persons Connected with the Case, 1967-1968

"Garelik, et al", 1967-1968 box 10 folder 7

"William Monaghan", 1967-1968 box 10 folder 8

"Refused to Report Subsequent to Card Turn-Ins", no year, box 10 folder 9 April

Subseries C: Events Connected with the Case, 1967-1968, undated

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

- Page 11 - Scope and Contents

Folders are arranged chronologically within this subseries.

Press Conference, Hilton, NYC (October 2, 1967), 1967 box 10 folder 10

Civil Liberties Legal Defense Fund Benefit (June 9, 1968), 1968 box 10 folder 11 May-June

Subseries D: Photographs, 1967-1968 Scope and Contents

Folders are arranged chronologically within this subseries.

Arlington Street Church, 1967 October 16 box 10 folder 12-13

Foley Square, NYC, Anti-Draft Certificate, 1967 October 16 box 10 folder 14

Oakland, California, 1967 October 16-20 box 10 folder 15

Yale, New Haven, Photos and Flyers, 1967 December 4 box 10 folder 16

Town Hall, 1968 January 14 box 10 folder 17

Subseries E: Lab Reports, 1967-1968 box 10 folder 18

Subseries F: Secondary Sources, 1967-1968 Scope and Contents

Folders are arranged chronologically within this subseries.

Boston Globe Clippings, 1968 May-June box 10 folder 19

Harper's Magazine, 1968 May box 10 folder 20

New Republic and NY Review of Books, 1967 October 7 and 12 box 10 folder 21

New York Times, 1967 October 3 box 10 folder 22

New York Times Magazine, 1968 March 3 box 10 folder 23

Subseries G: Army records regarding box 11 folder 1-2 William S. Coffin, 1944-1951, 1968 Scope and Contents

Certified copies created by the Army Adjutant General in 1968, probably in response to a Freedom of Information Act request. The original envelope indicated that they were used to research an article for Magazine.

John E. Wall Legal Papers Pertaining to the Trial of Dr. Benjamin Spock and Others MS.2008.010

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