THE FORTEAN SOCIETY

1931 A D = THE YEAR I F S

Box 192 Grand Central Annex
New ★ York ★ City

September 24, 16 FS
October 2, 1946 old
style

Julien Cornell
15 William Street
New York City

Dear Julien Cornell:

Omar Pound has been to see me, and from his report I gather that there is scant hope of getting Ezra moved to a private nursing home until after the November election. That isn't too long to wait, now, of course, but perhaps you would tell me how certain it is that this will be accomplished then. Have you assurances - and from whom?

You know how sincerely and deeply I am concerned about this case, so you will realize that my questions are neither idle nor meddlesome. All these months I have held off exerting any possible influence I might turn up, out of trepidation, lest I upset some apple cart that you or others might be trundling, but after talking to Omar, I feel an insupportable necessity to be satisfied that you or others are doing at least as much as I could (behind the scenes) or - quite naturally, it seems to me - I am going to get busy. Either Pound comes out of jail or I go in.

Who is your best bet in Washington? Perhaps I know somebody who plays golf or poker with him. One meets all sorts at Thompson's, you know.

How does Truman feel about the case? Is a Presidential pardon out of the question?

DECEASED

Oliver Wendel Holmes

Lincoln Steffens

Clarence Darrow

Havelock Ellis

Harry Leon Wilson

Felix Riesenberg

Alexander Woollcott

Art Young

THE FOUNDERS

SURVIVING

Tiffany Thayer
*Secretary*

Aaron Sussman

Ben Hecht

Booth Tarkington

Burton Rascoe

John Cowper Powys

HONORARY

B. J. S. Cahill

T. Swann Harding
Scott Nearing

Eric Frank Russell

44 Orrell Rd., Orrell
Liverpool 20, England

October 2, 1946.

Mr. Tiffany Thayer
J. Walter Thompson Co.
420 Lexington Avenue
New York, N. Y.

Dear Tiffany Thayer:

I have your letter of yesterday and appreciate your con-
cern for Ezra Pound's release. This is a case, however,
where the sort of influence which you suggest would not be
of any use since the problem is entirely a legal one and
the decision rests only with the courts. President Truman
could not grant a pardon because there has been no convic-
tion, nor could he or anyone else but a judge of the district
court for the District of Columbia order that Pound be releas-
ed from custody.

Briefly, the situation is this: Pound was found to be insane
and therefore unable to stand trial. A statute of the District
of Columbia provides that in such cases the defendant shall
be committed to St. Elizabeth's Hospital. There is no pro-
vision for release from the hospital except upon termination
of the insanity. However, in this case, hospitalization does
not appear to be necessary and is probably detrimental to
Pound's health. Also, the doctors believe that his sanity
will never return. Under such circumstances I believe that
it would be unconstitutional to keep him indefinitely confin-
ed although he has not and cannot be convicted of any crime.
I intend to apply next month for his release on bail, or for
the dismissal of the indictment on the ground that he is
permanently insane and hospitalization is not necessary.

While it would be possible, no doubt, to secure some public
expression in favor of Pound's release which might have some
effect upon the judge, I think that such a procedure would be
unwise because it would be more than off-set by the opposition
which would arise from other sources if there is any attempt
to stir up further interest in the case.

This matter was thoroughly discussed a month or so ago by a
group of writers including Eliot, Auden, Tate and others, who
are interested in Pound, and all agreed that the best strategy
with regard to public opinion is to keep the case as quiet as
possible. We all agreed that the Department of Justice and

November 19, 1946.

Mr. Tiffany Thayer
Box 192 Grand Central Annex
New York, N. Y.

Dear Tiffany Thayer:

I am sorry that I cannot give you a definite date or even a guess as to when it may be possible to move Ezra Pound to a private institution. The question could be decided very quickly, but on the other hand it might be necessary to appeal to the higher courts which would postpone a decision perhaps for a long time.

I cannot accept your suggestion that unless something has been accomplished by a definite date you will intervene. This sounds to me like an ultimatum, and granting that your intentions are of the best, I think you would be doing Pound a great disservice by intervening in the case.

I think it is extremely important for action in Pound's behalf to be coordinated, and it would be most unfortunate if you should take independent action. I have welcomed the advice and support of all of Pound's friends and well-wishers, with whom I have freely discussed the case, and so far, all concerned have been unanimous upon every action which has been taken. I should welcome your advice and help also, but I cannot regard with equanimity your threat of taking matters into your own hands. Won't you please co-operate instead of going off on your own? I am sure Pound's welfare will be much better served that way.

Sincerely yours,

JC.CW

August 2, 1948

Tiffany Thayer
Box 192, Grand Central Annex
New York City

Dear Tiffany Thayer

The situation has indeed changed with regard to Pound.

After securing an opinion from the doctor in charge of
St. Elizabeth's Hospital that Pound did not require
further hospitalization, and that he could not be expected
to recover sufficiently to stand trial, I made an applica-
tion for a writ of habeas corpus seeking his release.
The writ was refused by the District Court for the District
of Columbia, as expected. I had planned to file an appeal,
arguing the rather novel point that a person accused of
a capital crime, who is insane but does not require confine-
ment for medical reasons, cannot be lawfully confined merely
because there is an indictment pending. To my great surprise,
Mrs. Pound refused to allow the appeal to go forward, and
at her direction it was abandoned.

You should know that Mrs. Pound has been appointed by the
court as "committee" of her husband's person and property,
he having been judicially declared insane.

Those of Pound's friends with whom I have discussed the matter
all feel that an effort should be made to secure his release.
Only a court proceeding can accomplish this, and Pound cannot
initiate such a proceeding because he is <u>non compos mentis</u>.
Since his wife is the only one who can care for him, her
decision seems to control.

I believe that T. S. Eliot, the most faithful of Pound's
friends among the literati, will be here in the fall on
business, and he plans to have an intimate talk with Mrs. P.
Meanwhile, my hands are tied, and I have regretfully con-
cluded that the poor old boy must stay where he is, at
least for the present.

I cannot very well counsel you an what you should do under
the circumstances, except to point out the obvious fact that
public clamor for Pound's release, even willingness of
government officials, would be unavailing in the face of
his wife's desire to leave him in the hospital. There is
a personal relationship involved here which is too delicate
for outside interference. I fear that we shall have to leave
things as they are.

Have you seen the "Pisan Cantos," written by Pound in the military detention center near Pisa and just published by New Directions? As poetry, I found them confused, although with a certain beauty. As the product of a tortured mind, they are most interesting.

I hope this will bring you up to date. Please let me know if you decide to undertake any publicity or agitation. I am still representing Mrs. Pound in legal capacities, although the major legal problem is in suspense, and I should appreciate being informed as to what you may be doing which would affect our mutual interest in Pound.

JC/s

P. S. I notice an error on the Fortean letterhead. Oliver Wendell Holmes spelled his middle name with two "l"s.