JUSTICE

Paul Bennyhoff

Scored in PROVOO CASE

(From a copy of the New York Times, a news article telling of the reversal of a verdict by the U. S. Court of Appeals in the case of John D. Provoo is reproduced herewith. Date of the article is August 28, 1954. An extract from another newspaper article, dated December 10, 1954, attacks the accuracy of the report of the administration when it cited its record for cleaning. out subversives in government: Provoo was included and he should not have been, be-

cause the issue of Communism did not enter his case at all.

(Following the newspaper article is a letter written to the New York Times early last September by Paul Bennyhoff. The scorching indictment is presented here because it reflects the strong opinion of an American who believes that government classification of homosexually inclined persons as "security risks" is an invasion of privacy which cannot be permitted. Yet no one arises to protest.

(In presenting this material, the MATTACHINE REVIEW makes it clear that no stand or concern of Provoo's guilt or innocence on the charge of treason is intended here. We are concerned only with the fact that homosexuality was introduced and the verdict of guilty reversed because of it. Whether Provoo is guilty of treason or not is rightfully the province of the government authorities: whether or not he is a homosexual is Provoo's own business, inasmuch as sexuality of any kind did not enter the case.)

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CONVICTION REVERSED: John D. Provoo, former Army staff sergeant, whose conviction for treason and life sentence were reversed by the U. S. Court of Appeals.

Treason Conviction

Of Provoo Is Upset

The United States Court of Appeals reversed yesterday the World War II treason conviction of John David Provoo, former Army staff sergeant.

Provoo received a life sentence and a $10,000 fine on his convic-

mattachine REVIEW

tion. He was found guilty of offering his services to the Japanese after the fall of Corregidor in 1942.

In a unanimous decision in which the case was sent back for retrial, the Appeals Court found that Provoo should not have been tried in New York and also that the Government had no right to cross-examine him on a collateral issue of homosexuality.

On the matter of the crossexamination, the court said "the facts so developed were SO prejudicial as to constitute reversible error, if they were properly admitted."

"They had no relevancy to the charges on which he was being tried and were certain to degrade him in the eyes of the jury," the court continued. "No authority has been cited which suggests that homosexuality indicates a propensity to disregard the obligation of an oath. The sole purpose and effect of this examination was to humiliate and degrade the defendant and increase the probability that he would be convicted, not for the crime charged, but for his general unsavory character. Permitting it was error."

In 1949 Provoo was in the Army stockade in Fort Meade, Md., awaiting court martial trial on charges of homosexuality. By arrangement with the Department of Justice, the Army dropped the court martial charges and sent Provoo under guard to Fort Jay, Governors Island. Here he received an undesirable discharge, then immediately was arrested by Federal Bureau of Investigation agents on the treason indictment.

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From the New York Herald Tribune" WASHINGTON, Dec. 9 Tuesday's White House statement listing the record of legal action that has been taken against "subversives" since Jan. 10, 1953 has created 10, 1953 has something in the nature of a controversy in Washington.

The Evening Star, examining the figures that were released following the attack on the President by Senator Joseph R. McCarthy (RepWis.), holds that the statement contains " a number of apparent discrepancies and mislead ing facts."

"Included in the tabulation," the newspaper declared in a front-page article, "are cases of duplication, the inclusion of at least one person never suspected of Communist activities,

"The treason indictment lumped with the two espionage convictions, however, had nothing to do with Communism. This was admitted today by a Justice Department spokesman, who identified the indicted man as John David Provoo. EDITOR, NEW YORK TIMES:

It is a matter for genuine thanksgiving that at too-long last there is a perceptible dawn upon the horizon of the dark age of freedom of mind and action in this slowly progressive land. That the U. S. Court of Appeals found that the government had no right to cross-examine John Provoo on alleged homosexuality hews a road through the forest of ignorance and prejudice to genuine civilization, thus: "No authority has been cited which suggests that homosexuality indicates a propensity to disregard the obligation to an oath. The sole purpose and effect of this examination was to humiliate and degrade the defendant and increase the probability that he would be convicted not for the crime charged, but for his unsavory character."

The army has for a long time invaded a domain which is not its business or anyone's. Sexual expression (expressed privately and without force) is each adult's very private business. The Army's interference (in this aspect of) private lives (has re-. 17