Oct. 22, 1938 | HOW BOXOFFICE LEARNED ALLEN WROTE PRO-HITLER LITERATURE | BOXOFFICE® MAGAZINE
A check was instituted with the Los Angeles police department, the Chamber of Commerce, the telephone and gas companies, the Deutsches Haus where it was admitted Allen "occasionally drops in" and the Peerless Printing Press in Pasadena where, according to the Anti-Nazi League, some or all of Allen's leaflets have been printed. Peerless, the League maintains, is in the general printing business and is in no way connected with Allen and whatever his activities may be.
These various trails were pursued in an effort to locate Allen in Pasadena for purposes of interviewing him and getting a rebuttal to the League's accusation.
The clue to Henry K. Elder, attorney who has been representing Allen on a charge of fraudulent registration at the polls, finally developed through the chambers of Superior Court Judge Charles FrIcke where the charge alleging illegal registration is slated for trial before jury next month.
Spear then communicated with Elder's office. Elder was not in, but the following conversatIon was held with a man named Wurbell, Elder's assistant:
Q. - (Spear) I am anxious to ascertain the whereabouts of Mr. Henry Allen, who, I understand, is a client of yours.
A.- (Wurbell) I would rather have Mr. Elder (the attorney) give you that information.
Q. - This is Associated Publications, which publishes BOXOFFICE, a motion picture trade magazine, and we wanted to get in touch with Mr. Allen. The Hollywood Anti-Nazi League, as you probably know, has been blasting him for his anti-Semitic and pro-Nazi activities and we want to talk to him about the legal action which he threatened against the League some time ago for accusing him of distributing anti-Semitic circulars.
A.- Well, I can't tell you much about that suit, although I know there was some such action contemplated. I'm sure Mr. Elder can tell you whatever you want to know.
Q.- Tell me. This case in which you are representing him and which comes up for trIal November 3. Can you get him off?
A.- It is for fraudulent registration. Allen is a convicted felon with prison records at San Quentin and Folsom. As such, his rIghts as a citizen were taken away from him, although he contends they were returned and that he registered and voted in all sincerity. Although it shouldn't, the man's background may work against him—his anti-Semitic and Nazi activities. It is a jury trial and he may be judged on his past record and his current activities rather than on the crime with which he Is charged.
Q.- There is this much to be said for Allen, isn't there, that he has the courage of his convictions in not denying that he prints and distributes this anti-semitic literature?
A.- Oh, he admits that all right. He does deny, however, that he is affliated with the German~American Bund. He doesn't belong to that organization, but merely uses the Deutsches Haus and other places to deliver his speeches. Apparently, he figures he has to speak.
Q.- How did Allen get into this Nazi activity in the first place?
A.- First he launched a campaign against Communism. He is very bitterly against Communism. Then, during the course of his endeavors, he found that many of those who supported Communistic theories were Jewish. So he found himself drifting off onto a tangent and plunging into an anti-Semitic campaign as a sideline.
Q.- I understand he lives somewhere in Pasadena. What does he do for a living?
A.- I don't know how he makes his living. I heard he was on the dole for awhile. He is a metallurgIcal engineer. you know.
Later, Elder telephoned Spear who explained he was desirous ot locating Allen and why. This conversation then ensued:
A.- (Elder) Are you In sympathy with the League?
Q.- (Spear) We are neither one way or the other. We simply want to get the information, that's all, for impartial reporting of the case.
A.- Well, they seem to be after Allen, and that's their method of doing it.
Q.- We are interested in tracing down the story and his reactions to the Anti-Nazi League's direct accusation that he printed and distributed Nazi and anti-Semitic circulars. What does he propose doing about It?
A.- He demanded a retraction, which was never forthcoming and, of course, he has other troubles now.
Q.- You are referring to the suit in which you are now representing him—that he supposedly fraudulently registered and voted. Do you think your chances of gainIng an acquittal on that count are good?
A.- I don't know—we have a lot of good legal points but you never know about things like that.
Q.- Of course, prejudice against his past activities may enter into it.
A.- Perhaps. He started talking against Communism and branched out into anti-Semitism, and the Anti-Nazi League and others said they were going to get him.
Q.-Does he deny having been responsible for the printing and distribution of the anti-Semitic literature for which the League indicts him?
A.- Yes, he denies any connection with the particular pieces of literature they accuse him of distributing.
Q.- Then he does admit being active in the preparation and distribution of some literature of this type as part of his anti-Semitic campaign?
A.- Yes. But this particular circular was very scurrilous and was done over his protest. He thinks, and I agree with him, that it was a plant and that the League charged him with being responsible. He told those who prepared it that they were damned fools. He has always adhered to a campaign of education. In that San Diego case, the developments came just as the Germans put through their putsch in Austria and thousands of Austrian Jews were coming here. He got out a folder pointing out that there were 11,000,000 unemployed Americans, called "Wake Up America." I think it was timely—I hate to see Europeans, with their twisted philosophies, coming here and taking Americans' jobs.
Q.- If at all possible, I want to obtain a formal denial or admission either from Mr. Allen himself or from you as his attorney, that he did print the circulars of which the League accuses him. Would you suggest that I contact him directly?
A.- Well, here's a suggestion. He will undoubtedly be coming in here in a day or two, and I'll be glad to put him in touch with you.
Q.- In the meantime, will you give me his address and telephone number?
A.- In view of our relationship—as attorney and client—I must refuse. I would rather leave it up to him, you understand, because he may not want to divulge that information to you.
Q.- Let me ask you—if he can establish that he didn't print the piece of literature with which the League charges him, you certainly have a case against the League—defamation of character, or libel?
A.- Yes, we have. And against Ken magazine. too. An article appeared therein within the last month, written by Gingrich. It labeled Allen as the key Nazi man in the country, which is tommyrot.
Q.- I understand he denies any connection with the German-American Bund.
A.- Yes. He's not even eligible. His family has been here since the days of Ethan Allen and the Revolution. There is no German blood in the family whatsoever.
Q.- I think in all fairness Mr. Allen should issue a statement citing just exactly what portions of that literature he admits responsibility for and what he denies. That's only fair.
A.- Well, recently the attorney for the Anti-Nazi League tried to get Allen to file an affidavit reveal1ng his entire connections with the anti-Communism and anti-Semitic movement. I considered that impertinent.
Q.- Naturally, the burden of proof rests with the person who printed the alleged libel. In view of the fact, as you say, the Anti-Nazis won't retract their charges against Allen, you will no doubt consider a criminal libel action after you have disposed of this criminal case?
A.- I wouldn't like to say just now. These things will have to be worked out step by step. That's up to hlm.
At this point, the conversation was terminated by Elder who again promised to telephone Spear the first time Allen visited the lawyer's office.
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