Samuel Leibowitz
Encyclopedia
Samuel Simon Leibowitz was a Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

n-born American criminal defense attorney, famously noted for winning the vast majority of his cases, who later became a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 in New York City.

Early years

He arrived in New York City on March 17, 1897 with his parents, Isaac and Bina Lebeau, Jewish immigrants from Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

.
(Samuel's father Americanize
Americanization
Americanization is the influence of the United States on the popular culture, technology, business practices, or political techniques of other countries. The term has been used since at least 1907. Inside the U.S...

d his last name).
They arrived on the Kensington.

The family lived in a tenement
Tenement
A tenement is, in most English-speaking areas, a substandard multi-family dwelling, usually old, occupied by the poor.-History:Originally the term tenement referred to tenancy and therefore to any rented accommodation...

 on Essex Street
Essex Street (Manhattan)
Essex Street is a north-south street on the Lower East Side of the New York City borough of Manhattan. North of Houston Street, the street becomes Avenue A, and south of Canal Street it becomes Rutgers Street....

 on the Lower East Side
Lower East Side
The Lower East Side, LES, is a neighborhood in the southeastern part of the New York City borough of Manhattan. It is roughly bounded by Allen Street, East Houston Street, Essex Street, Canal Street, Eldridge Street, East Broadway, and Grand Street....

. His father had a small shop in East New York. He attended Jamaica High School
Jamaica High School (New York City)
Jamaica High School is a four-year public high school in Queens, New York. The school is administered by the New York City Department of Education.-History:...

 and Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...

.

He eventually married a woman named Belle.

Representation of the Scottsboro Boys

Although he worked as counsel in dozens of notorious trials, Leibowitz is best remembered as counsel for the Scottsboro Boys
Scottsboro Boys
The Scottsboro Boys were nine black teenage boys accused of rape in Alabama in 1931. The landmark set of legal cases from this incident dealt with racism and the right to a fair trial...

, nine Southern African-American youths who were falsely accused of rape and sentenced to death in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...

 in 1931. After the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 overturned the convictions in Powell v. Alabama
Powell v. Alabama
Powell v. Alabama was a United States Supreme Court decision which determined that in a capital trial, the defendant must be given access to counsel upon his or her own request as part of due process.-Background of the case:...

(1932), Leibowitz was brought into the case by the International Labor Defense
International Labor Defense
The International Labor Defense was a legal defense organization in the United States, headed by William L. Patterson. It was a US section of International Red Aid organisation, and associated with the Communist Party USA. It defended Sacco and Vanzetti, was active in the civil rights and...

, an affiliate of the Communist Party of the United States. Many people expressed surprise that the Communists would ask Leibowitz to lead the Scottsboro defense, as he was not a communist or radical but a mainstream Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 who had never been associated with class-based causes. The choice of Leibowitz convinced many that the Communists were serious about achieving justice for the Alabama defendants, and not just interested in making political hay. Leibowitz was asked to accept as co-counsel, however, the ILD's chief attorney, Joseph Brodsky.

After reading the record of the first trials and becoming convinced of the defendants' innocence, Leibowitz accepted the ILD's offer. He did so against the urgings of his wife and many friends who told him that he had no chance defending African-American defendants accused of raping white women in the Alabama of the 1930s. Leibowitz would work for the next four years on the cases without pay or reimbursement for most of his expenses.

Leibowitz quickly became an object of loathing around Decatur
Decatur, Alabama
Decatur is a city in Limestone and Morgan Counties in the U.S. state of Alabama. The city, affectionately known as "The River City", is located in Northern Alabama on the banks of Wheeler Lake, along the Tennessee River. It is the largest city and county seat of Morgan County...

 when he opened his defense of Haywood Patterson
Haywood Patterson
Haywood Patterson was one of the Scottsboro Boys . He was accused of raping Victoria Price and Ruby Bates...

, the first defendant to be retried, by challenging Alabama's exclusion of blacks from the jury rolls. Local hatred of Leibowitz grew uglier, as death threats were made against him after his tough cross-examination of alleged victim Victoria Price. One national reporter overheard several people saying, "It'll be a wonder if he gets out of here alive." Five uniformed members of the National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...

 were assigned to protect him during the trial, with another 150 available to defend against a possible lynch mob. The famous photo above was widely distributed to show the extent to which Leibowitz and these defendants had to be protected by the National Guard to keep the mob away from them during the Decatur trials.

Leibowitz was stunned by the jury's guilty verdict in Patterson's 1933 trial. He compared the verdict to "the act of spitting on the tomb of Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...

." Back in New York after the trial, Leibowitz vowed to defend the defendants "until hell freezes over." Speaking before enthusiastic audiences sometimes numbering in the thousands, he promised to take guilty verdicts to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 and back until Alabama finally gives up: "It'll be a merry-go-round, and if some Klu Kluxer
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...

 doesn't put a bullet through my head, I'll go right along until they let the passengers off." Leibowitz's determined efforts won the affection of his clients. Haywood Patterson said of Leibowitz, "I love him more than life itself."

After an Alabama judge ordered a new trial for Patterson and the state transferred the cases to the courtroom of Judge William Callahan, Leibowitz's frustration grew. Virtually every motion or objection Leibowitz made before Callahan was denied or overruled, and virtually every motion or objection made by the prosecution was granted or sustained. His anger showed, and Leibowitz found himself mocked, scolded, and reprimanded by the judge. After guilty verdicts and death sentences were handed to Patterson and Norris, a battle for control of the case ensued between Leibowitz and the ILD. Leibowitz's anger with the ILD exploded after two ILD attorneys were charged with attempting to bribe Victoria Price.

After the defendants' convictions were affirmed by the Alabama Supreme Court
Alabama Supreme Court
The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of an elected Chief Justice and eight elected Associate Justices. Each justice is elected in partisan elections for staggered six year terms. The Governor of Alabama may fill vacancies when they occur...

, Leibowitz appeared before the U.S. Supreme Court to participate in the appeal of Patterson's and Norris's convictions on the ground that blacks were systematically excluded from Alabama's juries. When Leibowitz alleged that the names of blacks appearing on jury rolls were fraudulently added after Haywood's trial began, Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...

 Charles Evans Hughes
Charles Evans Hughes
Charles Evans Hughes, Sr. was an American statesman, lawyer and Republican politician from New York. He served as the 36th Governor of New York , Associate Justice of the Supreme Court of the United States , United States Secretary of State , a judge on the Court of International Justice , and...

 asked Leibowitz if he could prove that allegation. Leibowitz, having anticipated this question, had caused the jury roll books to be brought to Washington. He asked a page to hand the jury rolls and a magnifying glass up to the Chief Justice. The documents were passed from Justice to Justice—a highly unusual thing to happen during oral argument in the Supreme Court—and the facial reactions of the eight Justices sitting indicated their disgust. The Supreme Court again reversed the defendants' convictions in Norris v. Alabama, a decision that Leibowitz called a "triumph for American justice."

After a third set of trials, Leibowitz began to involve himself again in projects unrelated to Scottsboro. He met on death row several times with Bruno Hauptmann
Bruno Hauptmann
Bruno Richard Hauptmann was a German ex-convict sentenced to death for the abduction and murder of the 20-month-old son of Charles Lindbergh and Anne Morrow Lindbergh. The Lindbergh kidnapping became known as "The Crime of the Century".-Background:Hauptmann was born in Kamenz in the German Empire,...

, the German immigrant convicted of kidnapping
Lindbergh kidnapping
The kidnapping of Charles Augustus Lindbergh, Jr., was the abduction of the son of aviator Charles Lindbergh and Anne Morrow Lindbergh. The toddler, 18 months old at the time, was abducted from his family home in East Amwell, New Jersey, near the town of Hopewell, New Jersey, on the evening of...

 Charles Lindbergh
Charles Lindbergh
Charles Augustus Lindbergh was an American aviator, author, inventor, explorer, and social activist.Lindbergh, a 25-year-old U.S...

's baby, in the hopes of convincing him to reveal details of the crime.

In early 1937, following a series of secret meetings with Thomas Knight, Leibowitz reluctantly agreed to a compromise which would result in the release of four of the Scottsboro Boys while allowing prosecutions to again go forward against the others. Of the compromise, Leibowitz said, "I say yes, but with a heavy heart, and I feel very badly about it." In the next set of Scottsboro trials, Leibowitz allowed a local attorney to assume the more visible role, while he did the coaching. Leibowitz and others concerned with the Scottsboro Boys' welfare feared that the trials might become a refendum on Leibowitz himself, who was by then more unpopular than ever in northern Alabama.

After his work on the Scottsboro Boys case was finished, Leibowitz returned to his New York practice.

Representation of Robert Irwin

In June 1937 he undertook the representation of Robert George Irwin
Robert George Irwin
Robert George Irwin , an artist-sculptor and recurring mental hospital patient, pled guilty to killing three persons on Easter weekend in 1937 in the Beekman Hill area of New York City’s Turtle Bay neighborhood....

, a former mental patient who was accused of murdering pulp magazine
Pulp magazine
Pulp magazines , also collectively known as pulp fiction, refers to inexpensive fiction magazines published from 1896 through the 1950s. The typical pulp magazine was seven inches wide by ten inches high, half an inch thick, and 128 pages long...

 model Veronica Gedeon
Veronica Gedeon
Veronica Gedeon was a 20-year-old commercial model from Long Island City whose murder during Easter Weekend in 1937 captivated New York City. It was reported widely in newspapers there...

, her mother, and a roomer in New York City during Easter Weekend. During a nationwide search for Irwin, New York detectives announced their belief that Irwin was insane, but after Irwin turned himself in, they indicted him for first degree murder and claimed he was now sane. Early in trial, Leibowitz negotiated a plea bargain under which Irwin avoided the death penalty but would remain in custody for the rest of his life.

Judicial career

During the 1940s, he was appointed to serve a 14-year term as a Justice of the Kings County Court, then the principal trial court for criminal matters in Brooklyn. After briefly considering a third-party nomination for Mayor of New York City
Mayor of New York City
The Mayor of the City of New York is head of the executive branch of New York City's government. The mayor's office administers all city services, public property, police and fire protection, most public agencies, and enforces all city and state laws within New York City.The budget overseen by the...

, Leibowitz was reelected to his judgeship in 1954. When the County Courts in New York City were merged into the New York State Supreme Court in 1962 as part of a court reorganization in 1962, Leibowitz's title changed to New York State Supreme Court Justice. Over the years, Leibowitz heard a number of cases concerning gang activity and organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...

. He also presided over the criminal trial of Brooklyn Dodgers manager
Manager (baseball)
In baseball, the field manager is an individual who is responsible for matters of team strategy on the field and team leadership. Managers are typically assisted by between one and six assistant coaches, whose responsibilities are specialized...

 Leo Durocher
Leo Durocher
Leo Ernest Durocher , nicknamed Leo the Lip, was an American infielder and manager in Major League Baseball. Upon his retirement, he ranked fifth all-time among managers with 2,009 career victories, second only to John McGraw in National League history. Durocher still ranks tenth in career wins by...

 for assaulting a fan at Ebbets Field
Ebbets Field
Ebbets Field was a Major League Baseball park located in the Flatbush section of Brooklyn, New York, USA, on a city block which is now considered to be part of the Crown Heights neighborhood. It was the home of the Brooklyn Dodgers of the National League. It was also a venue for professional football...

 in 1945.

Liebowitz developed a reputation as both a tough judge and a "hanging judge." A staunch advocate of the death penalty, he publicly advocated its retention as a deterrent.

During Leibowitz's judicial career, his national fame increased in 1950, when he was the subject of an admiring biography by journalist Quentin Reynolds
Quentin Reynolds
Quentin James Reynolds was a journalist and World War II war correspondent.As associate editor at Collier's Weekly from 1933 to 1945, Reynolds averaged twenty articles a year...

. He was also criticized, however, for alleged lapses in judicial temperament such as losing his temper with litigants and witnesses in his court. When Leibowitz reached age 70, at which time he was subject to mandatory retirement unless a board of his fellow judges certified him as fit for continued service, the Association of the Bar of the City of New York
Association of the Bar of the City of New York
The New York City Bar Association , founded in 1870, is a voluntary association of lawyers and law students. Since 1896, the organization, formally known as the Association of the Bar of the City of New York, has been headquartered in a landmark building on 44th Street, between Fifth and Sixth...

 controversially opposed his redesignation to the bench. Leibowitz was eventually reappointed, however, and served until 1969 when he reached the final mandatory retirement age of 76.

Anecdotes

Some famous anecdotes on his creative thinking:

In a lecture on the laws of evidence, Leibowitz held up a pack of Camel cigarettes and asked his audience; “Is the man riding the camel or holding the halter and leading him?” Answers were divided but not one person, in two separate audiences, answered that there is no man in the picture on the package.

Aleksandr Solzhenitsyn
Aleksandr Solzhenitsyn
Aleksandr Isayevich Solzhenitsyn was aRussian and Soviet novelist, dramatist, and historian. Through his often-suppressed writings, he helped to raise global awareness of the Gulag, the Soviet Union's forced labor camp system – particularly in The Gulag Archipelago and One Day in the Life of...

 in The Gulag Archipelago
The Gulag Archipelago
The Gulag Archipelago is a book by Aleksandr Solzhenitsyn based on the Soviet forced labor and concentration camp system. The three-volume book is a narrative relying on eyewitness testimony and primary research material, as well as the author's own experiences as a prisoner in a gulag labor camp...

 recounts Judge Leibowitz comments, after his visit to a Communist Gulag
Gulag
The Gulag was the government agency that administered the main Soviet forced labor camp systems. While the camps housed a wide range of convicts, from petty criminals to political prisoners, large numbers were convicted by simplified procedures, such as NKVD troikas and other instruments of...

 death camp: "What an intelligent, farsighted humane administration from top to bottom. In serving out his term of punishment the prisoner retains a feeling of dignity." Solzhenitsyn wrote, "Oh, fortunate New York State, to have such a perspicacious jackass for a judge!" (The Gulag Archipelago Volume 2, page 147)

Death and legacy

Leibowitz died in January 1978. A collection of his personal and legal papers spanning the years from 1939 to 1976 is housed at the Cornell University Library. An endowed law professorship of trial advocacy at Cornell, once held by renowned lawyer, judge, and lecturer Irving Younger
Irving Younger
Irving Younger was an American lawyer, law professor, judge, and writer. He is well known among lawyers and law students for his exciting talks on effective trial advocacy and legal history....

, is named after Leibowitz.

Sources

  • Cornell University Library, Division of Rare Books and Manuscript Collections, "Guide to the Samuel Simon Leibowitz Papers, 1939–1976.
  • Cornell Law Library, Scottsboro Trials Collection.
  • "Jurist Before the Bar, Time, November 15, 1963.
  • Quentin Reynolds
    Quentin Reynolds
    Quentin James Reynolds was a journalist and World War II war correspondent.As associate editor at Collier's Weekly from 1933 to 1945, Reynolds averaged twenty articles a year...

    , Courtroom: The Story of Samuel S. Leibowitz (New York: Farrar, Strauss & Co., 1950).
  • Kill the Jew From New York. Decatur, Alabama
    Decatur, Alabama
    Decatur is a city in Limestone and Morgan Counties in the U.S. state of Alabama. The city, affectionately known as "The River City", is located in Northern Alabama on the banks of Wheeler Lake, along the Tennessee River. It is the largest city and county seat of Morgan County...

    , 1933.
  • History Channel
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