“Iowa, Towa, re the tall corn vofrain youl greet Joseph N. Welch whenever he at an outing or other occasion where his partners and associates had gathered. The words of the song were sung with vera affection. They were appropriate because he came from Iowa, was tall and graceful as the corn in the fields of his native state, and because his manner of speech was so appealing and so effective with the Juries of his earlier years and with the American public of his later years. I can remember sitting in Joe Welch's office, and in the midst of a discussion of 2 particular case, seeing him reach into nis desk drawer and pull out an old photograph. It was a family picture, and he pointed out to me his father and his mother and his six brothers and sisters. He seid that he yes the youngest, end recounted thet his brothers and sisters had in many instances achieved positions of distinction and also had children who had made their mark in the fields of medicine, engineering, and teaching. He mised thet this mst be the workings of some marvelous mations of the genes. He told me that his mother had come to this country from England as an indentured servant and that his father had been a sailor and had never seemed able to settle dow on lend. This wassome time after Joe had attcined the fame that vas his after the Army dispute with Senator McCarthy. Yet he said that he believed his achievements to be modest compared to those of other members of his family. Joe Welch was the youngest of the seven children, and was born and raised on a farm ten miles out of Primghar, owe, He first went to a country school and then to a public school, graduating in 1908. He worked for a few years clerking in a real estate office and latigxjjn a store for $60.00 a month, When he had accumlated $600.00, decided he could do with a little more education and ccverdil ere College in Grinnell, Towa, from which he graduated in 1913 with an A.B. degree and a Phi Beta Kappa key, and also with a $600.00 scholarship to the Harvard Ley School. While at Grinnell, he sold maps and also “waited on tables". When he prepared to leave for the Harvard Law School, his fether asked if Cambridge was in Iowa. Joe said “Ho, ssachusetts," and his father vent to a hiding place and took out the few dollars he had saved over many months. As Joe later told a television audience, "He gave me all a father could - all he had.” During World War I, Joe went to Officers Training School, but before graduation the war ended and he was still a private. After a few months with the United States Shipping Board 20dn 1918 he joined the law Hale and Dorr, where he became a partner in 1923, @ relationship he maintained until his death in September, 1960. Hy first memory of Joe Welch is being summonsed over the inter-office commnications system, "Fisher, g@t the hell 4n here." I did, and found that ir. Welch was trying to locate dn the Commerce Clearing House Tax Service the answer to a tax problem. He sent me to the Mbrery to find the authority, and he commended me warmly when I had, I addressed him during thet conversation as "Mr. Welch", and he insisted on my calling him "Joe". Iwas the youngest and the newest of the Juniors in the firm, end he was the first of the Senior Partners to esk that I call him by his first name. I was not very comfortable doing this, but 1f I ever slipped and called him "lr. Welch", he would be very stern and romind me thet 15 was "Joe". Joe had a principle which he observed in the most ordinary of conversations. It wes to say the unexpected, and to say it in an unexpected wey. I can recall working late one Saturday afternoon in the library and having Joe, who hed apparently come into the office on some emergency, look in on me and say, "I'll bet you're glad I saw you there." He then seid that he wes not gled that I had seen him, and that he pelieved thet no lawyer worth his salt should ever be found working on Saturday in Boston. iy first jury trial involved aland damage case against the United States. The jury had brought in a rather large verdict in view of the damages, and when I reported this to Joe Welch he said to me, “You have defrauded your sovereign - take the afternoon off." It seems to me that Boston, placed as it is in these times in a remote section of the country, continues to make an extraordinary contribution to the public life of America, While we are an old and conservative coumnity, our politics and our professional men seem to have a fleir which catches the Public imagination. The fact that the present President of the United States is a Bostonian is only the most recent manifestation of an old tradition. In 1954, the co ry was rocked with the charges of Senator McCarthy thet the United States Government and the Army were honeycoaved with Commnists. A similar hysteria had followed World Wer I and the country hed survived. But this history was small comfort. Hany feared that just as the fury and destruction of Vorld War IZ had exceeded World War I, so would the popular reaction, disillusion, sense of betrayal, and fear that our democratic system would be lost. The battle between hysterical end constitutional procedures seemed for a brief time to be centered on one rather inconsequential controversy -= whether the Subcommittee on Government Operations headed by Senator McCarthy had brought improper pressure to gain hefavored treatment for certain individuals, such as one Private Schine, née United States Army. The full committee decided to hear the charges and indicated it would choose a distinguished Boston lauyer, Samel P. Sears, to conduct the hearings. The Department 2 the Army decided 4 would be represented by another Boston lawyer, Joseph N. Welch. This latter decision was made Imow to me at about ten o'clock on the morning of April 2, 1954, some six howrs 4, When I yes told of Joe's retainer, Z was also given this memorandum: “Flower in buttonhole, Pentagon, River entrance, Room 35 956, Mr. Fred Seaton". I was also given the telephone number of Governor Dewey of New York State and told that it was a direct line and should be used in the event of any mishap. Hy instructions were to leave th ny associate, Jim St.Clair, within a matter of pgton, D. C,, and to bring with me sufficient aoe two hours for luggage for a period of a week or ten days. I called my wife and told her only that I had to leave immediately, and to meet me with clean shirts and other launéry at the Logan Airport, where I would fly to Washington. At the National Airport in Washington, D. ¢., Mr. James St. Chir and I were met by @ young man who recognized us as soon as we got off the plareby the flowers in our bubtonholes. He hurried us into a waiting limousine and gave instructions to Sesomeone to pick up our luggage and take it to the Carlton Hotel, 4s the limousine sped to the Pentagon, he explained that he was ‘an aide to Fre@ Seaton, whom I remembered as an ex-Senator from the Hid-iest end a prominent official in the Eisenhower Administration (later to become Secretary of the Interior), He conducted us through the maze of the Pentagon and into a room where I saw Joe Welen. 7 Joe explained that he had called Jim and me to Washington in the greatest secrecy because at the time it had not been planned to release the news of his appointment as counsel to the Army until the first of the next week. I learned for the first time how important are newspaper publication hours to Washington officialdom. ike the sun, flows from east to west, end it was decided that in order to get the greatest advantage of the moxning and week-end papers, the announcement should be made that Friday afternoon, Joe said there would be 2 large news conference in a few minutes and he yould attend it with Hr. Charles Wilson, Secretary of Defense. Jim and I spent the time while the news conference was proceeding in an outer office working with news clippings and making @ chronology of the events leading up to the hearings, After the news conference was over, Joe joined us and sald that he had given our names to the press, something that he had not originally intended to do but had decided at the last moment. ~6-He warned us. that soon ReusPaper men would be besieging our homes back in Hassactusetys, Fooms had been reserved for Us, At the hotel we set an the Cocktail lounge with Mr, Seaton and some others and Giscussed the case. My, Streuve Hensel, counsel for the Seeretary of Derense, ana his wire Joined us. At one point the others jeft the table ang Joe Welch, Jim St. Clair, ana 1 Were left alone. Joe Welon said to Jin end myseir, “Boys, we're in the kind of lawsuit that is different fron snything you've known, Bverything will go 2 éven the lawyers will be on trial, if there is anything an any of your lives shat ht be embarrassing to you, 14 better come cub mow - even incone tax zeturns. F have gone back over my life ang can't fing anything snbarrassing that can become inom, Jin, do you now of anything about yourseiz? ow about you, Freq?" Jim sald that ne imew of nothing. I said thag walle at lew school T was a menber of the Lawyer's Guiza, ana had joined a group of layers after lay School who had affiliated with the Guild. I also sald that the Guild‘ had been Secused of being Commnistic and that Thad resigned in 1950, oe Welch looked at me ana said, "this 4s serious, Fred, 1t can bo very serlous. I don't think you can stay arterthis." Almost immediately efter this conversation the others returned to the table, and Joe Welch said te then, "Fred has dust told mo that he was a member of the Lavyer's Guild at the Harvard Lavy School and resigned in 1950." Almost immediately the persons at our table left, the obvious purpose being to phone calls. Their reaction was eloquent testimony to the seriousness of the disclosure, After a few minutes they returned, and someone suggested that we go upstairs to our rooms. Several bottles of skey were on hend, and Joe Welch, Jim St. Clair, Fred Seaton, Streuve Hensel and I engaged in a discussion of the problem raised by my past associations. Occasionally steps would be heard in the hallway, and when ti ould cease, It yas obvious that the happened all tal Weshington offici: vith whom ve were talicing were very m on edge. Everyone agreed tl of the Lewyerts Guild would certainly come out at the hearing. The only controversy was whether the damage to the Army's case would be more severe if I left than if I remained. It was proposed that if I remained and Senator McCarthy made an attack on me, Joe Welch would become very outraged and turn the attack against the Senator. It was also suggested that fT lert it would be a confession of guilt. Jim, Joe and I believed that I should return to Boston as soon as possible, and both Jim and Joe asked also to be relieved from trying the case. 8.Zhe Washington officials remained unconvinced that I should leave and adamant that Joe and Jim should remain, It was decided to consult with Jim Hagerty, Eisenhower's press secretary. We e11 agreed to accept his decision. Hagerty wes at sone function, but it was arranged by telephone that he woulé leave and meet us at a house in Georgetown, An official car otel and drove us to Georgetowm. In could speak freely beceuse warned, however, that it was to use any telephone in Weshington that could be tapped. It became, as I later learned from the lawyers on the case, customary to make confidential telephone calle from public phones in doumtown Veshir gion, and to take a taxi from the Pentagon for that purposs, In many ways there was a government with @ government - and the country wes on the verge of a palase revolution. Gn the way to Georgetowm, I remember Mr. Streuve Hensel saying that he had crawled on his Imees to Senator MeCarthy long enough and now would stand up and walk, I believe Hr, Seaton said that never since tt Civil War had the country been in greater danger, and that in the tradition of his Revolutionary encestors he was ready to sacrifice all for his country’s freedom. Someone also made the remark that he doubted 4P we would be able to conclusively prove the Army's case during the hearings. He said what later proved to be prophetic words, 9that the most that could be accomplished would be to give the American people a chance to see Senator McCarthy in ection, and that when the people did see hin, they vould not like wnat they saw. hen we arrived at the house in Georgetom, Hr. Hagerty was present. He and Mr. Seaton reminesced about their past association wh en one was working for Governor Dewey and the other for Governer Stassen, in the preliminaries to the Republican Convention of 1948, Both nad staged the fanous debate ‘vetween the two candidates in Oregon on how best to handle Cosmunisn. Me. Hagerty took some time in making up his mind. eCarthy acted too unfairly toverds He observed that if Senator me, I could count on a friend in the jouse ~ his boss, the President. Mr. Seaton said that e Senator leCarthy was very difficult, he thought he Imew how to handle him. He said that on at least one occasion Senator HeCarthy wanted a person cleared for a government post vho had e Commmist background, and that as a favor to NeCerthy he had cooperated. It was egain agreed that McCarthy would certainly Imow in the morning what was’ being discussed that evening, One of the officials said that the Senator learned about the most confidential decisions in his office alnost as soon as they were made. Phe discussion finally terminated with the decision -10-that I should return to Boston in the morning but that Joe Welch and Jim St, Clair should continue on the edse. That night, before we retired, Joe said that I probably was the luckiest one of the three since I was getting out of the case early and no one could tell where it might end or what might befall those who were to remain, He brightened up just before I left and said, "yhat a case! A million dollars couldn't buy all the publicity.” During the course of the hearings Joe Welch, and some times Jim St. Clair, would call me to say that I should be prepared for an attack by Senator McCarthy. Both said that the chances were it would not happen but that regularly the Senator would act ominously and state that he would tell the "Fisher story". Toward the end of the hearings, while Joe Welch was questioning Roy Cohn of Senator MeCarth; the Senator broke in and tock, as Joe Welch leter told me, the one weapon from the arsenal that all had egreed he should not use, He charged that Joe Welch had brought to Washington to look at secret Government files a commmist lever. The retort of Joe Velch is history, and there are many who say that his eloquence was not only the turning point of the hearings, but of the movement headed by Senator HeCarthy. When Joe Welch returned to Boston, he was the first to say that as a lawyer he had not proved his case. The Senator, however, had not only failed also to prove his case, but in addition -l-managed to alienate the majority of American people. During the summer of 1954, the United States Senate censured Joseph HoCarthy, and thereafter the pendulum in America swung back to trust in the Government and confidence in our tradil onal. procedures and institutions. Life, however, was never the seme for Joe Velch. Ho had caught the admiration and favor of many millions of Americens, As a celebrity, he was called upon to comment upon many subjects, given meny honors, and engaged for no small compensetion to write articles end appear on television and in the motion pictures. He was even asked to participate in the selection of Hiss America. one of the many appearances he refused to make, but he was nob unay: ve of the offer, and in bis reply, wrote: “If I kmow Miss America, she would, T think, prefer to have her talents Judged by someone more suscep le to poauty then is this sowevhat tired old lanyer suffering slightly from astigmatism and pathetically less quick to notice & peautiful girl than vas the ease a few winters ago; and so, with (1) thenks because of the invitetion and (2) sadness because of my realization thet I am not really fitted to the task, T must decline." Joe was reluctant to comment upon the case thet he had tried before the television cameras in Washington. About -le-the most that he said about Senator NeCarthy efter the hearings was this: "I cannot claim that I understood this man. Jt is hard for me to believe any man can be as bad as he often (usually - always) appeared to be. That the net effect of his great impact on the nation was bad seems to be clear, But some millions of our citizens violently disagree with me, and make their disagreement clear by hating me with a flerceness that stuns me.” If millions hated Joe, there were many more millions who admired and loved him. Groucho Marx was able to make this observation in the T.V. Guide Magazine on May 3, 1957: "In fact, I thinks it speaks very vell of television and its audience that the man so constantly in demand for more T.V. appearances after the Army-McCarthy Hearings was not Senator farthy, but Josepa Nelck: This comment pleased Joe, and he wrote to Groucho Marx thanking him for the comment and ending his letter by saying: “It mst be wonderful to be (a) rich, (b) intelligent, and (c) funny. I trust I list thom in their correct order.” Phe exchange shows that Joe was able to play one-upmanship even with so sharp a wit as Groucho liarx, Groucho replied by saying among other things: “I was a little frightened when I read the 4mposing list of lawyers on your letterhead. Over the years, I have been sued by groups of attorneys on most of the minor charges «rape, larceny, embeazlement, and parking in front of a -13-fire plug - but none of the legal documents received at my residence ever had more than four names on it." To this, Joe Welch replied: "You quite misunderstood this ‘firm's letterhead. All the names below the first Line are names of our professionel witnesses. They hang around street corners and turn up unexpectedly as witnesses in all of the automobile cases we try." As Joe's fame grew, so did the variety of subjects on which he was invited to comment. Students wrote to him asking what attributes make a good lawyer. Prom a busy schedule, he was eble to reply: "(1) A burning ambition to become a lawyers (2) high ethical standards; (3) a man must be willing to start slowly and reap the sizable rewards somewhat late in lifes (4) a man mst in some way be able to go to a respectable preparatory school and then a good law school. Some good law schools, listed alphabetically, are Columbia, Harvard, Illinois, Michigan, and Yale, I have no doubt there are many others, but those come to mind quickly. As you go through college, I think history, English, economies, and curiously enough, mathematics, are good. Some years ago (it may not be true now) 1t was discovered that many fine students at the Harvard Lay School had outstanding vecords in their mathematics courses in college. I studied Letin. It 49 now very mich out of fashion. I do, however, think it enriched my vocabulary, and if you are to be a trial lawyer, it's good to have a wide vocabulary. I hesitate to say mich about Latin sinve it is so much out of style, but I cannot stop short . “leof mentioning it, I an Glad I studied it." He also on many oceasions had his census taken with such questions as "Why did you choose lav as a lifetime Profession?", and ho was able to answer, "I had seen lawyers and Judges in the courtroom in the iittle tom in nich I grey up in Towa; and I admired them ang wanted to be like them," He also said that he hag observed that lawyers were a class of men who could say sonething and then Say, "Strike it out", ang this seened to him a wonderful end marvelous talent. when ne Was asked, "As a lawyer, what do you feel was your greatest triumpa?", ne answered, "I am not so sure I ever had a great triumph, let alone one that could be called tgreatesst ,* When he was asked, "Do you resent younger People coming into your Profession or bus 7", he replied, "On tho contrary*, ang von asked “Have you ony objection to taking directions fron these younger People?", he replied, "They don't direct me, they dust ignore me. This is correct." [0 the Question, "Why is a male star even in his late fifties stall attracted to young girls?", he ansvered, “They ainty,! When asked what he believed to be his "three favorite Ausricen erininal trials" he replied “Hassachusetts vs. Lizzie Borden, Messachusetts vs, Sacco and Vanzetti, and United stites vs, Hiss. Of these three, I believe that the Saceo ana Venzetti trial was really his favorite. I lmow that he ventedto help portray it before he died. le urote that only the Sacco-Vanzettl trial tortured hin. He said he Imew so many men comnected with that trial, and Imew them so Amately, that it it with detachment, He was not possible for him to vii believed that Judge Webster Thayer, who presided, was an "awful gamed fool." Joe saw in the emotion which suvrounded the Sacco-Vanzetti case some of the same emotion which he had experienced during the McCarthy hearings. He never could forget the night the tuo were executed. Hany years later he wes able to write, “To many thoughtful persons that was a shattering night, 3 ouppose it had something to do with my present views about capital punishment. I had concluded that Sacco and Vanzettd had not had a fair trial and I had grave doubts about their guilt. There Were many men in Massachusetts who said in substance, and joudly, 'I no longer care about gailt or innocence. I have less interest in whether or not they had a fair trial. Theve will never be any rest in the minds and consciences of men as long as these two men live. Their death is politically desirable. tts not be squeamish.' To a degree, these men turned oxb to be right. Saceo and Vonzettt have not had the impact on history that they thought they vould have, hoy have not been elevated 0 sainthood. It could be that they even wish to forget it. The erime that led to their deaths was comitted thirty-nine years ego. Come to think of it, it 4s perhaps a little odd that I should dictate so many words about it.” -16=fo those interested in who Joe Welen believed to be his greatest hero, he would roply “Clavence Darrow”. In 1957, he was asked to speak at a dinner honoring Clarence Darrow, and in that speech he noted that Darrow had started out as a country lawyer, had moved to Chicago end had had a very difficult time, but after a number of years of penury, began to advance in his profession and had reached the position of counsel to the Chicago and Northwest Railway, which office he had resigned to accept the ill-paid job as counsel to a young and weak labor union. Commenting on this, Joe said, “fo the young layer, the first lovely, captivating sweets of success after a long period of extreme uncertainty are wildly exciting and eagerly and fiercely seized, lothing in Mr. Darrow's rich and ultimately successful life has impressed me quite so mich as has the Aneredible bravery with which he firmly turned his back on the precious beginnings of success, firmly elosed the door behind him, and stepped into en assignment new to him, in a new field, and beyond all else, a cause intensely unpopular and obviously not apt to succeed except after years of heartbreaking work and agonizing defeats.” Perhaps one cause about which Joe Welch had no qualifications in his convictions was that of our court system with the Supreme Court at its apex. When asked to comment upon @ bill which would affect the jurisdiction of the Supreme Court, “17Soe Nelch wrote to the Senate Com "One does not need to be very wise to lnow that this sort of legislation requires deep and prolonged study and ought never to be the product of sudden passions and anim wities generated by Supreme Court lons which have been badly received by a substantial section of our population, including many thoughtful end patriotic men. ds my ow view thet our great ship of state rides as steadily as it did before these recent decisions came dom. It happens to be my opinion that the decisi! 3 thet are being questioned are actually right decisions, But I remain unimpressed by my om opinion since I am old enough to know that no case reaches our Supreme Court except under circumstences where there are powerful arguments on both sides of presented for decision. It follows that in cases wivich could have gone her way, nobody ought to get ved in the face if the court Gecides the way he thought it ought not to have been deciéeds nor should anyone else be too bothered whon it goes the wy someone else thinks is the right way to go. Z look to our Fe al. Constitution and our Federal Judicial System as the great protector ef basie Amdividnal rights, such as freedom of speech, freedom of the press, and religious freeiom, At the apex of our civilization in this area stands our Supreme Court. I look on it with the vespect that approaches awe, and I wish my liberties and those of my children and grandchildren to be protected by that Court ‘ 718and the Federal Judiciel System without impairment today and always. sonal “May I add one othor vor’: it is my delice? that the interests of my country will be bast served by solidifying the jurisdiction of our Su weme Court and placing it beyond the power of Congress to diminish, from which it follows that I must always be found opposed to any legislation Gesigned to limit that Jurisdiction." The jurisdiction of the Supreme Court is still under study by the Congress, and the words of Joseph N, Welch are still eppropria Joe Welch had experience before one dies, ‘od of tuo years before he died. He diseussed asked me to propare 2 menerandum on what I could recall of the Arny-ieCarthy hearings. he intended to write & book on the subject, but there wes not time enough to do so. At one time he wes asked what he believed about death, and he answered, “I would like to think I do nos fear death, In any event, I have been heard to soy that I think it 4s a fine invention, and a very necessary one. If you just had the invention of birth without death, the world would soon be in @ hell of a fix. It could be that it is in a kell of a fix, and thot its fix will get worse if we continue to have so mény more -19-rth each year then we do deaths. Joe prepared what he called’an "office will". 8 + ho left a legacy to the girls of the office: “Such alcoholic spirits as may be in or safe at my death, I give to ny consumption by after my demise. is to be augmented by the purchase, charged to my account, of a sufficient additional quentity of ch quor 50 that the said ‘ls’ party will be substantially more gay than it would be (in the judgment of my Executor) had I beon alive @lieve he vould wish to include all n: gi 3 associates at the bar in the City of Boston, he left this legacy: “All the rest and ue er of me as a an I leave to all those go he mombers of the Boston Bar') that I have loved. o 2 very large degree they (including meny who have come and gone through the years) have made me what Iam, Such success as I have attained I owe largely to then, I have lived my whole professional life an an office free from giief, envy, and jealousy. Few levyers have been so blessed in their associations continually all through life. For the serenely nappy life I have had with all of you, I say a simple and inadequate thank you. "This is my office will and is undated. The ~20-identity of the typist 4s to remain a secret. It 1s not witnessed, But even so ~ no fooling. Joseph N. Welch." As 2 young man, Joe had said that funerels were very inappropriate. If it was their purpose to comfort the bereaved, he had observed the contrary result. Relatives and friends were moved by the ceremony to tears and sonetimes hysteria. He decided in his twenties that if he should die without much money, which seemed likely, his wish not to have a funeral should be observed because of simple economics. If he should die rich end famous, which seemed unlikely, his wish should be observed es the prerogative of a rich and famous man. ‘The remains of Joseph N. Welch were scattered, as he wished, over Buzzards Bay, and he went to rest on the waters that his mother and father had crossed so many years before. His passing was mourned around the world, and he was the first American lawyer to have of the London Times, He left the world a little richer and the obituary on the first page institutions of this country a little safer. His quiet humor, calm sense, and eloquence are still remembered by his countrymen, not only in the cities of the Bast which gave him fame and prosperity, but in the fields of Iowa which gave him his understanding and belief in this country, its law, and its people. 21+ Pad Pusher [age >