Evening star., 1949-07-10
Hungarian Court Says
Mindszenty Should
Have Been Hanged
BY the Assoeioted Press

BUDAPEST, Hungary, July g.
Hungary's court declared today
that Josef Cardinal Mindszenty
should have been hanged. But 1t
decided to let his life sentence
stand because the case has '1ost
its original Importance"
The tribunal, the National Coun-
Gil of Peoples Courts, affirmed the
prison terms of three of the Roman
Catholic primate's associates and
reduced the sentences Of three
others.
Omitted States Army intelli-
gence sources in Germany dis
closed Thursday a report from
Balkan informants that the So
year . old cardinal has been
moved from prison to hospi-
tai for the insane. The report
said the cardinal had been SO
mistreated and drugged that
his mind gave way and he is
now "in a safe of delirium."
There has been no confirmation
from Budapest)
Convicted of Treason.
The cardinal was arrested last
December 26 and was convicted by
a five-man Peoples Court Febru-
ary 8 of treason, plotting to over
throw the Communist government
and illegal trading in American
dollars.
The prelate exercised his right
of appeal. Prosecutor Gyula Elapi
urged the high court to exact the
supreme penalty. death by hang
ing. Chief Prosecutor Jozef
Brobely took the same stand be-
fore the appeals court. That court
had the power to reduce the life
sentence, let it stand or increase it..
The appeals court took up the
case quietly Wednesday night. The
five judges limited the hearing to
a study Of documents and attor-
neys' arguments.
There is not the slightest doubt
that Mindszenty should have
been sentenced to DEATH" said the
decision read by the presiding
Judge. Peter Janko.
"Obstacle to Democratic Progress.
The court had to consider, said
the opinion, that the Cardinal had
been "the chief obstacle of demo-
cratic progress almost since the
liberation Of this country"
The life sentence was affirmed,
it added, only because "the case
lost its original Importance with
the arrest and sentencing of the
Cardinal. The people, the Catholic
masses. calmed down and the
abominable consequences OF the
case died away"
In a lengthy legal essay, the
court concluded there had been
IAN organization to overthrow the
democratic order and the repub-
lie" and declared 1t was a crime,
under the law. to attempt to
change the present order even by
peaceful means.
Only handful of persons,
mostly foreign correspondents,
lawyers. and Catholic priests and
some relatives of the defendants,
were in the courtroom when the
opinion was read.
Some Sentences Reduced.
The court found some allevi-
ating circumstances in the case OF
three defendants and reduced
these sentences:
Prof. Justin Baranyai, royalist.
is years, reduced to IL.
The Rev. Ondras Zakar. former
private secretary of the cardinal,
six years, reduced to four.
The Rev. Bella Ispenky. aide to
the secretary of Catholic Action,
life sentence, reduced to is years.
These sentences were affirmed:
Duke Paul Esterhazy. once the
richest man in Hungary, Is years.
The Rev. Miklos Macy, secretary
of the lay organization, Catholic
Action, three years.
Laszlo Toth,s Catholic editor,
10 years.
Cardinal Mindszenty, who de-
fed the Nazis when they had the
whiphand in Hungary, ran into
trouble with his countrys home
grown Communists when he OPP
posed their program to nationalize
church schools.
He was accused of being a re-
dictionary and a royalist. His ar,
rest precipitated worldwide reac-
ton and the Vatican excommuni-
Gated all Catholics who had any,
thing to do with his arrest and
trial.
Statement Recanted.
At his trial the cardinal offered
to withdraw his opposition to a
church state agreement. He re-
canted a statement he had made