Evening star., 1961-05-14

The Chessmun
Cuuse-CeIebre
Lives On
NINTH LIFE. BY Milton
Machlin and William Read
Woodfield &c. P. Putnam's
Sons; $4.95D
Carlyle Chessman spent
nearly IL years in San Quen-
tins death row before his
execution for kidnapping for
the purpose of robbing with
bodily harm on May 2, 1860.
His own writings, beginning
with the best selling Cell
2455 Death Row., his spec
tacular fight for life, his
multiple Journeys through
the courts, the celebrities at
tracted to his defense and
the worldwide reaction all
contributed to making the
CheSSman case a cauSe-ce-
lebre."
This book was initiated
when Mr.. MNoodfield-a free
lance writer in search Of a
story - approached Chess
man shortly before his ninth
execution date and proposed
a full confession for postum
nous publication. Outraged,
Chessman protested his in
nocence and Mr.. Woodfield
agreed to follow the leads
ChesSman gave him until he
caught CheSsman in a lie.
Mr.. Machlin. an editor Of
ArgoSy Magazine, Joined him
in the investigation.
The authors claim impair
tiality and make noble striv-
ings in that direction. But
indignation in this emotion
charged cause frequently
overcomes the objectivity and
the account consequently
loses impact.
Not the Man?
Their search for evidence
leads them to these conclu-
Sions: They have uncovered
enough suppressed evidence"
to lend some credence to
Cheeseman's story that he was
not the Red Light Bandit"
A fellow convict, whom they
name, might be the man.
Even if CheSSman were the
bandit, the acts for which he
was tried were not committed
that is. they were less Sc
riouS than would warrant the
death penalty. And even If
the evidence weren't queS-
tionable, the conduct of the
trial was. This involves the
trial judges refusal to give
Chessman daily transcripts,
the judges inSiStence that
ChesSman remain at the
counsel table while question
ing witnesses, and, more i'm
portantly, the use of a prose-
cutor'S relative with a record
of alcoholism to transcribe
the trial testimony from the
shorthand notes Of the court
reporter who died between
trial and sentencing.
In placing responsibility for
Cheeseman's execution, the
authors acknowledge that
Chessman himself bears a
large part of the burden for
insisting on directing his own
defense-at first ineptly and
later arrogantly. They also
blame the press, the Cover
nor and the public.
A Giant Conspiracy?
"In the long run, however"
they contend, lit is probably
the agencies of law enforce
ment-motivated by personal
pride, emotional bias, or, per-
haps. lack of integrity-which
merit the largest share of
the guilt; for deliberately
concealing evidence, for OBJ
structing the fair operation
Of justice through IL years"
The impressionable would
conclude from the authors
frequently intemperate ac-
count that police, prosecutors
and the State and Federal
judiciary were all engaged
in a giant conspiracy against
one possibly innocent man.
But Cheeseman's case went to
the Supreme Court at least
half a dozen times on one
argument or another.
1t is possible that the merits
Of the case got lost in a
tangle of legal technicalities.
1t is possible that the matter
Of the disputed transcript
could have been resolved
more readily by a new trial
than endless arguments about
the correctness of the original
transcript. These questions,
however, are better answered
by those learned in the law
and great deal more OBJ
jective than the authors of
Ninth Life"