European Stars and Stripes (Newspaper) - April 24, 1948, Darmstadt, Hesse                                At Nornberg Mijs Manno saw the foundation of a new International morality being Laid Sailor on the Bench by Julia Edwards Michael a. Mus Nanno a Navy Captain who presided at the Nair Sherg Einnatz Gruppen Case popularized his Legal opinions in novels and Magazine articles Nurnberg ome judges in recording their Opin ions Are More conscious of Legal posterity than in addressing the Public. Navy Captain Michael a. Mus Manno presiding judge of the Einnatz Gruppen trial at Nurnberg wrote his decision on the largest murder base i history for the people who might be tempted in the future to commit the same crimes on which he is ruling  when Musmanno. Found the Public paying More attention to movie than to his opinions he wrote them into a movie scenario. The Public went to see Paul Muni in Black fury and listened to Musmanno. So far he always has had the last word. There was the time he debate with Clarence Darrow on the question Dos Man live  Darrow of course said no. When Darrow died the reporters went to see Musmanno. You Are interviewing the wrong Man they were told. You should see Darrow. He would be telling you that Musmanno was  judge always has found a Way to get his. Public welfare ideas  words failed him he once con ducted court for six months with Thea id of a typewriter and a blackboard. When peaceful methods failed he put on a Navy uniform and went to War on a destroyer. Until he left German last week to return to his old Job As judge of the court of common pleas i Pittsburgh he was the Only. Military judge on the Nurnberg tribunal. While presiding Over the recent Einnatz Gruppen Case in which 20 a officers were found guilty of killing a million jews gypsies partisan fighters and Asiatic inferiors Musmanno contributed a unique ruling to the proceed Ings. When the counsel defending the leaders of the extermination squads called commandos which followed up the German  complained about the difficulties of getting a fair trial mus Manno offered his famous Penguin Rul ing. The defense he said could present any evidence that did not apply to the life of the Penguin in the Antarctic and if counsel could convince him that was 10 relevant he would admit evidence per Taining to the Penguin. The prosecution also found he was t kidding for Ever time they objected to the introduction of evidence he would silence them wit the query does it fall within the limits of the Penguin ruling the defense counsel Learned How Ever to expect the sharpest questions from the presiding judge. One tactic was to reinforce its argument that the leaders of the Einnatz Gruppen we reacting under military orders from superiors by putting a string of sym pathetic witnesses on . Finally the judge interposed if you received an order to shoot your own parents would you do it the witness hesitated. If he said yes he would Label himself a  he said no he would shoot a Hole in the defense Case. He hesitated. Mus Manno  2 hours to  Over. The next Day the courtroom was crowded to hear the answer. The witness v looked As if he had spent a sleepless night. No he said. I would t shoot my  now suppose you received an order to shoot someone else s parents and the children were there crying and begging you not to do it. Would you shoot  now suppose you received an order to shoot a Young jewish couple who never had done anything wrong an who might someday become parents eventually the witness left  bothered and bewildered. Had he known the Story of mus Manno he would have known what hit him. Tender feelings trouble or Success Are incidental to his getting his ideas across. Only last year the judge turned Down an offer for the democratic nomination for the governorship of Penn Sylvania. As a Young Man Musmanno feared he was throwing away a career As a Pittsburgh attorney when he went of to defend Sacco and Vanzetti without a fee against a charge of  started As a payroll murder had developed into a nationwide Battle for tolerance and Justice when this Young Pittsburgh attorney took a train for Boston just to Check the evidence Fortis own peace of mind. Convinced that the two Young radicals were the in Nocent victims of a Witch Hunt he naturally joined the defense. When his Money ran but he slept on the floor of Sacco and Vanzetti Headquarters i for the final two weeks Musmanno served As chief defense  fighting mad after twelve years Musmanno wrote in a Book by that title that circumstances outside the Case had been brought together witha purpose and deliberately fashioned into a Spear of accusation and the Spear was sharpened by the stones of perjury prejudice and merciless  Musmanno s next Battle began when state police serving As company police for Pennsylvania Coal mine operators beat to death a Young Miner. Elected tothe legislature he pushed through a Bill abolishing the Coal and. Iron police. But the governor vetoed it. So. Musmanno wrote the Story and  Muni to read it. I saw his eyes Light up he still recalls with pleasure having co authored the movie Sce Nario Musmanno arranged a world premiere of the movie in the Halls of the state legislature. He invited the press and the maimed victims of theoal and Iron police. After the premiere he called each victim to  to Tell his Story. The legislators were furious he said. But the press was  Musmanno does t see. Anything strange about a judge writing popular fiction Magazine pieces and poetry dramatizing his Case and using the press1. He himself has used All the forms to get his ideas  Are appealing to the Tri Bunal of Mankind. Judges should writ for All Mankind he believes. In a Campaign against automobile accidents  night sessions. In his Pittsburgh court called in the Drunken Drivers recorded their slurred words sent them All to jail and reduce Drunken driving in the City by 65 per cent. Meanwhile he was making so. Many speeches against the menace that he acquired a lobe in his Throat and physicians ordered him not to talk Fornix months. Having completed the Book twelve years after during a vacation at sea he returned and court went on As usual without a word from the  War broke out he left the Bench joined the Navy did Convoy duty in the North Atlantic and for a while served As member of a submarine Crew in the Caribbean. His baptism under fire came w Ien the sub shoo from exploding depth charges. Are the nazis Here he  no he was told. Those things Are supposed to be duds. Our boys Are just practising on  it was no Dud that Sank his ship inthe nazi blasting of the Harbor at Bari Italy. Musmanno told the Story in the november Issue of Blue Book Magazine. Having Learned italian to obtain doctorate of jurisprudence at the uni. Varsity of Rome he was drafted a military governor of Sorrento. After wards he was attached to front line troops of Mark Clark s fifth  As Navy Liaison officer. ". Every time i entered a foxhole he recalled someone would want to know Why i did t bring my ship  while attached to the 85th infantry division he was wounded in an air attack. During the Battle of Minauro he again was wounded when thrown from a running jeep overturned by artillery bombardment. For observation flights across enemy lines the italians awarded him the flier s badge. The  and Navy awarded him the Bronze Star for valor and enough ribbons to cover five rows of his uniform. Musmanno came tothe inter National military tribunal As the Navy s observer for the trial of Hermann Goering and company. Instead of regretting  military men were placed on trial he became convince that the foundation of a new inter National morality is being Laid. The concept of the human being is becoming recognized As an authoritative Force inline and not merely the subject for sentimental poetry upon his own appointment As a judge Musmanno realized that the trials could drag on for years. He made a decision that no documents would be read in court. Together with his Penguin ruling it meant examining thousands of pages of documentary evidence after court  brought myself a lot of grief he remarked. But he has completed in five months a trial which he estimates nor Mally would take at least a year. He has managed to do it by getting to his office each morning at 8 30 .,-sending out for supper and working until 10 30 or . Then he goes Back to his apartment at the grand hotel and works on until two the rigorous schedule is nothing new for him. He got into the habit while work ing his Way through High school and. Seven universities kept it up As lawyer and a judge. He has thus been Able to produce seven books and innumerable Magazine articles. He never has found time to  own Story being that the girls chased me. They caught up with Means they kept on  nor does he drink liquor or smoke. He likes his wine though Good red wine with the kind of italian dinner served at the Nurnberg country  judge s decisions in the three cases Over which he has presided at Nurnberg take up three full length books. Sometimes he exhibits the indignation that made him a battling at Torney As. When he remarked of hem Rich Himmler there is no Slimy Maggot larva wriggling in the Sta Nancy and stench of the foulest cesspool which could be regarded his  though he made his name As the attorney for the defense he is not one of those judges who looks Back nostalgically on the Days when he was arguing the Case. Musmanno prosecuted just one Case against the three Iron and Coal policemen who killed. The Coal Miner John Marcowski and he won  he views it the defense attorney is prosecuting injustice the prosecutor " is defending Justice and you find the perfect fusion in the judge because he represents both  the judge he says must write for the Legal profession for the sociologist and for the historian but most important he must write for the people. An unless a judge can make himself Clear to Ordinary individuals today he cannot expect to be understood by them collectively tomorrow. Weekend. 24, jm8