Michael Musmanno
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Michael Angelo Musmanno (April 7, 1897 – October 12, 1968) was an American jurist, politician, and naval officer. Coming from an immigrant family, he started to work as a coal loader at the age of 14. After serving in the
United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
in
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
, he obtained a law degree from
Georgetown University Georgetown University is a private university, private Jesuit research university in Washington, D.C., United States. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789, it is the oldest Catholic higher education, Ca ...
. For nearly two decades from the early 1930s, he served as a judge in courts of
Allegheny County, Pennsylvania Allegheny County ( ) is a County (United States), county in Pennsylvania, United States. As of the 2020 census, the population was 1,250,578, making it the List of counties in Pennsylvania, state's second-most populous county, after Philadelp ...
. Entering the U.S. Navy during
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, he served in the military justice system. Following the war, in 1946, Musmanno served as military governor of an occupied district in Italy. Beginning in 1947, he served as a presiding judge for the
Einsatzgruppen trial ''The United States of America vs. Otto Ohlendorf, et al.'', commonly known as the trial, was the ninth of the twelve " subsequent Nuremberg trials" for war crimes and crimes against humanity after the end of World War II between 1947 and 1948 ...
in U.S. military court at Nuremberg. In 1948, he conducted interviews with several people who had worked closely with
Adolf Hitler Adolf Hitler (20 April 1889 – 30 April 1945) was an Austrian-born German politician who was the dictator of Nazi Germany from 1933 until Death of Adolf Hitler, his suicide in 1945. Adolf Hitler's rise to power, He rose to power as the lea ...
. In 1950, he published a book based on his research, in which he argued that Hitler had indeed committed suicide in Berlin in 1945. In 1951, Musmanno was elected as a justice of the
Supreme Court of Pennsylvania The Supreme Court of Pennsylvania is the highest court in the Commonwealth (U.S. state), Commonwealth of Pennsylvania's Judiciary of Pennsylvania, Unified Judicial System. It began in 1684 as the Provincial Court, and casual references to it as ...
, where he served until his death in 1968. He set a record for the number of dissenting opinions filed. In addition to his long judicial career and postwar contributions in Europe, he wrote sixteen books and many articles related to his court cases and professional career. In his writing he expressed sympathy for working men and deep interest in the Italians in the United States, himself having Italian ancestry. Viewed as a "maverick on the court", Musmanno was known for defending
Sacco and Vanzetti Nicola Sacco (; April 22, 1891 – August 23, 1927) and Bartolomeo Vanzetti (; June 11, 1888 – August 23, 1927) were Italian immigrants and anarchists who were controversially convicted of murdering Alessandro Berardelli and Frederick Parm ...
, as well as for being
anti-Communist Anti-communism is political and ideological opposition to communist beliefs, groups, and individuals. Organized anti-communism developed after the 1917 October Revolution in Russia, and it reached global dimensions during the Cold War, when th ...
, and for supporting
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
. In 1966, in response to new evidence of the
Norse colonization of North America The exploration of North America by Norsemen began in the late 10th century. Voyages from Iceland reached Greenland and founded colonies along its western coast. Norse settlements on Greenland lasted almost 500 years, and the population peaked a ...
(), he published a book in which he argued that
Christopher Columbus Christopher Columbus (; between 25 August and 31 October 1451 – 20 May 1506) was an Italians, Italian explorer and navigator from the Republic of Genoa who completed Voyages of Christopher Columbus, four Spanish-based voyages across the At ...
was the first European to discover the Americas. He died on
Columbus Day Columbus Day is a national holiday in many countries of the Americas and elsewhere, and a federal holiday in the United States, which officially celebrates the anniversary of Christopher Columbus's arrival in the Americas. He went ashore at ...
1968. At the time of his death, he was regarded as "one of Pennsylvania's most respected and colorful figures".


Early life and education

Musmanno was born in Stowe Township, in
Allegheny County, Pennsylvania Allegheny County ( ) is a County (United States), county in Pennsylvania, United States. As of the 2020 census, the population was 1,250,578, making it the List of counties in Pennsylvania, state's second-most populous county, after Philadelp ...
, an industrial neighborhood a few miles west of
Pittsburgh Pittsburgh ( ) is a city in Allegheny County, Pennsylvania, United States, and its county seat. It is the List of municipalities in Pennsylvania#Municipalities, second-most populous city in Pennsylvania (after Philadelphia) and the List of Un ...
, into an ethnic Italian family originally from Noepoli,
Basilicata Basilicata (, ; ), also known by its ancient name Lucania (, , ), is an administrative region in Southern Italy, bordering on Campania to the west, Apulia to the north and east, and Calabria to the south. It has two coastlines: a 30-kilometr ...
. He worked with his father in the coal mines, began law school at Georgetown University in 1915, leaving to serve as an infantryman in World War I before returning to earn an LL.B. degree in 1918 at Georgetown. Afterwards he earned B.A. and M.A. degrees at
George Washington University The George Washington University (GW or GWU) is a Private university, private University charter#Federal, federally-chartered research university in Washington, D.C., United States. Originally named Columbian College, it was chartered in 1821 by ...
, and two master of law degrees at the National University School of Law (later merged with
George Washington University Law School The George Washington University Law School (GW Law) is the law school of George Washington University, a Private university, private research university in Washington, D.C. Established in 1865, GW Law is the oldest law school in Washington, D. ...
). He became a labor lawyer and always kept a sympathy for the working man.


Career


Politics and judiciary

After entering law practice in 1923 as a lawyer in his native Stowe Township, Musmanno got also involved in politics. In 1926, he ran for election to the
Pennsylvania House of Representatives The Pennsylvania House of Representatives is the lower house of the bicameral Pennsylvania General Assembly, the legislature of the U.S. state of Pennsylvania. There are 203 members, elected for two-year terms from single member districts. It ...
on the Republican ticket, but lost. As he was genuinely interested in the plight of the working man, and was sympathetic to the
Italian Americans Italian Americans () are Americans who have full or partial Italians, Italian ancestry. The largest concentrations of Italian Americans are in the urban Northeastern United States, Northeast and industrial Midwestern United States, Midwestern ...
and other ethnic minorities who worked in great numbers in Pennsylvania industries, Musmanno volunteered to serve as an appellate attorney during the Sacco-Vanzetti case and moved to
Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
. The men had been convicted and sentenced to death in 1921, in an atmosphere of anti-immigrant feeling. The appeals upheld the lower court decision, and Sacco and Vanzetti were executed in 1927. Haunted by the conduct of the trial, Musmanno wrote ''After Twelve Years'' (1939), a book about the case, as well as two articles in 1963, published in ''
The New Republic ''The New Republic'' (often abbreviated as ''TNR'') is an American magazine focused on domestic politics, news, culture, and the arts from a left-wing perspective. It publishes ten print magazines a year and a daily online platform. ''The New Y ...
'' and the ''Kansas Law Review''. After returning, Musmanno was elected in 1928 as a Republican state legislator for Pennsylvania serving in the
Pennsylvania House of Representatives The Pennsylvania House of Representatives is the lower house of the bicameral Pennsylvania General Assembly, the legislature of the U.S. state of Pennsylvania. There are 203 members, elected for two-year terms from single member districts. It ...
. He was reelected in 1930. When miner John Barkoski was beaten to death in Imperial, Pennsylvania in 1929 by the Coal and Iron Police during a strike, Musmanno was outraged and, as a state legislator, introduced a bill to banish this private police force. The bill was vetoed by a Republican Pennsylvania governor, which led to Musmanno's resignation.LaGumina, Salvatore J
The Italian American Experience: An Encyclopedia
New York: Garland Pub, 2000.
He published a short story about the case, entitled "Jan Volkanik." This was adapted in part as the basis of the film '' Black Fury'' (1935), starring Paul Muni as a coal miner, and with a screenplay written by Abem Finkel and Carl Erickson. It was directed by
Michael Curtiz Michael Curtiz (; born Manó Kaminer; from 1905 Mihály Kertész; ; December 24, 1886 April 10, 1962) was a Hungarian-American film director, recognized as one of the most prolific directors in history. He directed classic films from the silen ...
. In 1931, Musmanno became the youngest judge in the county court of Allegheny County; he was nominated by both Democrats and Republicans and endorsed by the labor organizations. He switched to the Democratic Party in 1932 while canvassing for
Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
as a president. In 1933, he served as a judge of the Court of Common Pleas of Allegheny County. In 1943 he took a leave from his judicial duties to take part in World War II. After returning to Pittsburgh in 1948, he was appointed as a judge in the common pleas court, where he served until 1951.


World War II

In 1943, during
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, Musmanno entered the
United States Navy The United States Navy (USN) is the naval warfare, maritime military branch, service branch of the United States Department of Defense. It is the world's most powerful navy with the largest Displacement (ship), displacement, at 4.5 millio ...
as a
line officer A line officer or officer of the line is, opposed to staff officers or reserve officers, a military officer who is eligible for command of operational, tactical or combat units. The name most likely stems from the Early modern warfare tactics ...
assigned as a military attorney, since the navy had not yet formed its own
Judge Advocate General's Corps The Judge Advocate General's Corps (JAG or JAG Corps) is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called judge advocates ...
(an action not taken until 1967). In this capacity, he eventually rose to the rank of
rear admiral Rear admiral is a flag officer rank used by English-speaking navies. In most European navies, the equivalent rank is called counter admiral. Rear admiral is usually immediately senior to commodore and immediately below vice admiral. It is ...
. He served as Allied
Military Governor A governor is an administrative leader and head of a polity or political region, in some cases, such as governors-general, as the head of a state's official representative. Depending on the type of political region or polity, a ''governor'' may ...
of the
Sorrentine Peninsula The Sorrento Peninsula or Sorrentine Peninsula is a peninsula located in southern Italy which separates the Gulf of Naples to the north from the Gulf of Salerno to the south. Geography Overview The peninsula is named after its main town, Sor ...
in
Italy Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...
. In 1946, he was appointed head of the three-person Board of Soviet Repatriation of Displaced Persons in
Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
. He opposed the forcible repatriation to the Soviet Union of Cossacks and refugees, many of whom did not want to be repatriated. He was successful in aiding some of these people. Later it was learned that
Stalin Joseph Vissarionovich Stalin (born Dzhugashvili; 5 March 1953) was a Soviet politician and revolutionary who led the Soviet Union from 1924 until Death and state funeral of Joseph Stalin, his death in 1953. He held power as General Secret ...
's government persecuted many of these returnees, condemning many to internal exile or the harsh labor camps of the
gulag The Gulag was a system of Labor camp, forced labor camps in the Soviet Union. The word ''Gulag'' originally referred only to the division of the Chronology of Soviet secret police agencies, Soviet secret police that was in charge of runnin ...
in Siberia, where they died. Beginning in 1947, Musmanno was presiding judge at the
Einsatzgruppen trial ''The United States of America vs. Otto Ohlendorf, et al.'', commonly known as the trial, was the ninth of the twelve " subsequent Nuremberg trials" for war crimes and crimes against humanity after the end of World War II between 1947 and 1948 ...
of the U.S. Nuremberg Military Tribunal, held in Nuremberg for men charged with killing more than a million people behind the front lines, including Jews, Poles, and minorities. He also served as a member of the court during the military trials of Milch and Pohl. In 1961, Musmanno testified as a prosecution witness in Jerusalem in the Israeli trial of
Adolf Eichmann Otto Adolf Eichmann ( ;"Eichmann"
''Random House Webster's Unabridged Dictionary''. ; 19 March 1906 – 1 Ju ...
. In 1948, Musmanno conducted interviews with several people who had worked closely with
Adolf Hitler Adolf Hitler (20 April 1889 – 30 April 1945) was an Austrian-born German politician who was the dictator of Nazi Germany from 1933 until Death of Adolf Hitler, his suicide in 1945. Adolf Hitler's rise to power, He rose to power as the lea ...
in the very last days of World War II, in an attempt to disprove claims of Hitler's escape despite his presumed suicide at the end of the
Battle of Berlin The Battle of Berlin, designated as the Berlin Strategic Offensive Operation by the Soviet Union, and also known as the Fall of Berlin, was one of the last major offensives of the European theatre of World War II. After the Vistula–Od ...
. These interviews, conducted with the help of a simultaneous interpreter named Elisabeth Billig, served as the basis of a 1948 article Musmanno wrote for ''
The Pittsburgh Press ''The Pittsburgh Press'', formerly ''The Pittsburg Press'' and originally ''The Evening Penny Press'', was a major afternoon daily newspaper published in Pittsburgh, Pennsylvania, for over a century, from 1884 to 1992. At the height of its popul ...
'', as well as his 1950 book, ''Ten Days to Die''. In both, he cites as evidence that Hitler could not have survived: the death of his "right-hand man"
Joseph Goebbels Paul Joseph Goebbels (; 29 October 1897 – 1 May 1945) was a German Nazism, Nazi politician and philologist who was the ''Gauleiter'' (district leader) of Berlin, chief Propaganda in Nazi Germany, propagandist for the Nazi Party, and ...
, the testimony of several eyewitnesses who saw Hitler dead (allegedly by a gunshot through the mouth, but accounts later changed) and Nazis who claimed Hitler used no doubles during his lifetime (despite an apparent Hitler body double being found near the ''
Führerbunker The () was an air raid shelter located near the Reich Chancellery in Berlin, Germany. It was part of a subterranean bunker complex constructed in two phases in 1936 and 1944. It was the last of the Führer Headquarters (''Führerhaupt ...
''), as well as a "jawbone" identified by Hitler's dental assistants (which was revealed in a 1968 Soviet book to have been sundered around the
alveolar process The alveolar process () is the portion of bone containing the tooth sockets on the jaw bones (in humans, the maxilla and the mandible). The alveolar process is covered by gums within the mouth, terminating roughly along the line of the mandibu ...
). Musmanno's argument that Hitler's body was never found because it was burnt to near-ashes has been echoed by main-line historians, such as Anton Joachimsthaler, and
Ian Kershaw Sir Ian Kershaw (born 29 April 1943) is an English historian whose work has chiefly focused on the social history of 20th-century Germany. He is regarded by many as one of the world's foremost experts on Adolf Hitler and Nazi Germany, and is ...
. British historian
Hugh Trevor-Roper Hugh Redwald Trevor-Roper, Baron Dacre of Glanton, (15 January 1914 – 26 January 2003) was an English historian. He was Regius Professor of Modern History (Oxford), Regius Professor of Modern History at the University of Oxford. Trevor-Rope ...
, who also investigated Hitler's death, argued (in agreement with later scientific analyses) that bones survive even indoor cremations. Trevor-Roper stated in 1966 that he was "disinclined to believe anything that is stated by that flatulent ass Musmanno". In his 2019 book, British historian Luke Daly-Groves defends Trevor-Roper's criticism as being somewhat just, while pointing out that evidence was limited in 1950, and ultimately praising Musmanno's refutations of Hitler's purported survival. Additionally, Musmanno wrote a screenplay about Hitler's fate, which he hoped
Alfred Hitchcock Sir Alfred Joseph Hitchcock (13 August 1899 – 29 April 1980) was an English film director. He is widely regarded as one of the most influential figures in the history of cinema. In a career spanning six decades, he directed over 50 featu ...
would direct. In 1980, Musmanno's relatives donated his archives to
Duquesne University Duquesne University of the Holy Spirit ( ; also known as Duquesne University or Duquesne) is a Private university, private Catholic higher education, Catholic research university in Pittsburgh, Pennsylvania, United States. Founded by members of ...
; in 2007, the school digitized the footage of the interviews for a 2010 German TV documentary, with an American version airing in 2015.


Post-war career

Musmanno tried to re-enter politics, running unsuccessfully for Lieutenant Governor in 1950. He resumed his judicial career. A strong anti-Communist in the postwar years, Musmanno was an unofficial spokesman for the local Americans Battling Communism. He was noted for testifying for the prosecution in the 1950 anti-Communist
sedition Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, establ ...
case against Steve Nelson, who was leading a regional branch of the American Communist Party. The Communists had sold political tracts (available at any library) for $5.75 to Musmanno, who declared their store "the equivalent of an advance post of the Red Army." Nelson initially was sentenced to 20-years in prison, $10,000 in fines and $13,000 in prosecution costs. The
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
ultimately threw out the case and the Pennsylvania and other state anti-sedition laws, saying federal law superseded the state law under which Nelson was prosecuted.''Pennsylvania v. Nelson''
350 U.S. 497 (1956).
Perhaps the most blatant example of Musmanno's misconduct came when he launched into a tirade against an attorney appearing before him in a civil case. Musmanno demanded that the attorney state whether he was a communist, and when the attorney declined to answer, Musmanno held him in contempt and forbade the attorney from practicing in his court. The Pennsylvania Supreme Court reversed Musmanno's order and described Musmanno's methods as "detestable." Schlesinger Petition, 367 Pa 476, 483 (Pa. 1951). Musmanno gained name recognition from his part in the Nelson trial. He was elected in 1951 as justice to the
Supreme Court of Pennsylvania The Supreme Court of Pennsylvania is the highest court in the Commonwealth (U.S. state), Commonwealth of Pennsylvania's Judiciary of Pennsylvania, Unified Judicial System. It began in 1684 as the Provincial Court, and casual references to it as ...
,Philip Jenkins
''The Cold War at Home: The Red Scare in Pennsylvania, 1945–1960''
(Chapel Hill: University of North Carolina Press), 1999. Quote: "Party leaders were facing long prison terms ... Musmanno was lected tothe state supreme court."
serving from 1952 to his death in 1968. During his long career on the bench, he "became known as an advocate for the underdog." He also was noted for his dissenting opinions; during his first 5 years on the Pennsylvania Supreme Court, he wrote more dissenting opinions than all of the other justices on the court had collectively written in the previous 50 years. When asked if he read Musmanno's dissenting opinions, Pennsylvania Chief Justice Horace Stern said he was not "interested in current fiction." Not long afterward, however, the court issued a ruling in which this Justice participated, and the wording was unquestionably similar to that in one of Musmanno's dissenting opinions. In ''Perpetua v. Philadelphia Transportation Company,'' Musmanno wrote the dissenting opinion, while in ''Koehler v. Schwartz,'' he wrote the prevailing opinion, in which Stern joined him. In a book about personal injury suits and these cases, the attorney Melvin Belli added that Chief Justice Stern "lived to regret" his insulting remark. Melvin Belli, ''Blood Money: Ready for the Plaintiff!'' New York: Grosset & Dunlap, 1956, pp. 285–287 In one case, because Musmanno had failed to circulate a dissenting opinion among the other justices before he filed it, the piece was not published in the official Pennsylvania State Reports. He sought a writ of
mandamus A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, o ...
to require its publication. The trial court denied the writ. When the Pennsylvania Supreme Court heard the case, Musmanno represented himself as plaintiff; the Court affirmed the lower court's decision. While a controversial figure for such actions, Musmanno was noted as having wonderful "pro-labor credentials." In addition, during the 1960s he supported
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
marchers. Musmanno appeared as himself on the February 12, 1962 episode of ''
To Tell the Truth ''To Tell the Truth'' is an American television panel show. Four celebrity panelists are presented with three contestants (the "team of challengers", each an individual or pair) and must identify which is the "central character" whose unusual ...
''. He received all four votes. Musmanno strongly dissented from a 1966 ruling that Henry Miller's book ''
Tropic of Cancer The Tropic of Cancer, also known as the Northern Tropic, is the Earth's northernmost circle of latitude where the Sun can be seen directly overhead. This occurs on the June solstice, when the Northern Hemisphere is tilted toward the Sun ...
'' was not
obscene An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin , , "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral ...
. He wrote:
"Cancer" is not a book. It is a cesspool, an open sewer, a pit of putrefaction, a slimy gathering of all that is rotten in the debris of human depravity. And in the center of all this waste and stench, besmearing himself with its foulest defilement, splashes, leaps, cavorts and wallows a bifurcated specimen that responds to the name of Henry Miller. One wonders how the human species could have produced so lecherous, disgusting and amoral a human being as Henry Miller. One wonders why he is received in polite society.


Books

Musmanno was a gifted narrator and wrote a total of sixteen books, some reflecting his court cases. He described the sedition case in his book, ''Across the Street from the Courthouse'' (1954). Other works include a 30-page transcript of his 1932 debate with
Clarence Darrow Clarence Seward Darrow (; April 18, 1857 – March 13, 1938) was an American lawyer who became famous in the 19th century for high-profile representations of trade union causes, and in the 20th century for several criminal matters, including the ...
on immortality in Pittsburgh, ''The Story of Italians in America'' (1965), and ''Glory & The Dream: Abraham Lincoln, Before and After Gettysburg'' (1967). In 1966 he published a novel version of the 1935 film, ''Black Fury'', by the same name. Musmanno was very proud of his Italian heritage. In 1966, he authored the book ''Columbus Was First'' (stylized as ''Columbus WAS First''), arguing that
Christopher Columbus Christopher Columbus (; between 25 August and 31 October 1451 – 20 May 1506) was an Italians, Italian explorer and navigator from the Republic of Genoa who completed Voyages of Christopher Columbus, four Spanish-based voyages across the At ...
was the first European to discover the New World. This was in reaction to the archaeological discovery of
L'Anse aux Meadows L'Anse aux Meadows () is an archaeological site, first excavated in the 1960s, of a Norse colonization of North America, Norse settlement dating to approximately 1,000 years ago. The site is located on the northernmost tip of the island of Newf ...
in Newfoundland and connected scholarly research showing that Vikings had reached the northeast coast of North America almost 500 years before Columbus' time. Musmanno doubted that the earlier exploration had occurred on the basis that the alleged Vinland Map was a falsification. Subsequent scholars agree that the map is a forgery, but L'Anse aux Meadows is a confirmed Norse site scientifically dated to the early 11th century. The judge was a lifelong Catholic and attended the Mount St. Peter Church in New Kensington. On 11 November 1951, he was the first lay orator to read from the pulpit of the newly dedicated building. Musmanno was intensely religious. The last of his many dissenting opinions was against overturning an assault/attempted rape conviction in a case in which the trial judge instructed the jury to seek God's guidance in reaching their decision. He wrote in his dissent:
I was afraid it would come to this. It is becoming the fashion to make light of religious invocation. Books are being published asking whether God is dead. Well, God is not dead, and judges who criticize the invocation of Divine Assistance had better begin preparing a brief to use when they stand themselves at the Eternal Bar of Justice on Judgment Day.''Commonwealth v. Holton''
432 Pa. 11, 41, 247 A.2d 228, 242 (1968). From Google Scholar. Retrieved on June 10, 2012.
Justice Musmanno concluded:
"I am perfectly willing to take my chances with he trial judgeat the gates of
Saint Peter Saint Peter (born Shimon Bar Yonah; 1 BC – AD 64/68), also known as Peter the Apostle, Simon Peter, Simeon, Simon, or Cephas, was one of the Twelve Apostles of Jesus and one of the first leaders of the Jewish Christian#Jerusalem ekklēsia, e ...
and answer on our 'voir dire' that we were always willing to invoke the name of the Lord in seeking counsel in rendering a grave decision on earth, which I believe the one in this case to be." – ''Miserere nobis Omnipotens Deus!''
Justice Musmanno died the following day, October 12, 1968,
Columbus Day Columbus Day is a national holiday in many countries of the Americas and elsewhere, and a federal holiday in the United States, which officially celebrates the anniversary of Christopher Columbus's arrival in the Americas. He went ashore at ...
.Chris Potter, ''You Had to Ask'': "I heard that Duquesne University's library has a Michael Musmanno room..."
''Pittsburgh City Paper'', 12 May 2005, accessed 12 September 2013


Legacy and honors

* Musmanno is buried in
Arlington National Cemetery Arlington National Cemetery is the largest cemetery in the United States National Cemetery System, one of two maintained by the United States Army. More than 400,000 people are buried in its 639 acres (259 ha) in Arlington County, Virginia. ...
.Burial Detail: Musmanno, Michael A (Section 2, Grave 4735-E)
– ANC Explorer
* His former home in Stowe Township has been designated a state historic landmark. * 1993, a historical marker was placed in his honor near his residence in McKees Rocks, Pennsylvania."Michael Musmanno Historical Marker"
Explore Pennsylvania History


Articles and books

Catalogue entries of his writings are available at Hathi Trust Digital Library.Author: "Mussmano, Michael Angelo"
Hathi Trust Digital Library, accessed 12 September 2013
* ''The Library for American Studies in Italy'', ome 1925. * ''Proposed Amendments to the Constitution'' (monograph), U.S. Government Printing Office, 1929. * ''After Twelve Years'' (about Sacco–Vanzetti case), Knopf, 1939. * ''The General and the Man'' (biography of Mark W. Clark), Mondadori, 1946. * ''Listen to the River'' (novel), Droemersche Verlagsanstalt, 1948. * ''War in Italy'' (autobiographical), Valecchi, 1948. * ''Ten Days to Die'', Doubleday, 1950 (about Hitler's death). * ''Across the Street from the Courthouse'', Dorrance, 1954. * ''Justice Musmanno Dissents'' (compilation), foreword by Roscoe Pound, Bobbs–Merrill, 1956. * ''Verdict!: The Adventures of the Young Lawyer in the Brown Suit'', Doubleday, 1958.
Eichmann Kommandos''
Macrae, 1961 (about the Einsatzgruppen trial), full text online. * ''The Death Sentence in the Case of Adolf Eichmann: A Letter to His Excellency Itzhak Ben-Zvi, President of the State of Israel, Jerusalem'', ittsburgh 1962. * "Man with an Unspotted Conscience: Adolf Eichmann's Role in the Nazi Mania Is Weighed in
Hannah Arendt Hannah Arendt (born Johanna Arendt; 14 October 1906 – 4 December 1975) was a German and American historian and philosopher. She was one of the most influential political theory, political theorists of the twentieth century. Her work ...
's New Book" (pamphlet), ew York 1963. * "Was Sacco Guilty?", ew York ''
The New Republic ''The New Republic'' (often abbreviated as ''TNR'') is an American magazine focused on domestic politics, news, culture, and the arts from a left-wing perspective. It publishes ten print magazines a year and a daily online platform. ''The New Y ...
'', March 1963. * "The Sacco–Vanzetti Case," ''Kansas Law Review'', awrence, KS May 1963. * ''The Story of the Italians in America'', Doubleday, 1965. * '' Black Fury (novel)'', Fountainhead, 1966. * ''Columbus Was First'', Fountainhead, 1966. * ''That's My Opinion'', Michie Company, 1967. * ''The Glory and the Dream:
Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
, Before and After Gettysburg'', Long House, 1967. * ''Michael Angelo Musmanno - Il giudice di Pittsburgh, USA - Cittadino onorario di Minturno (1945)'', Pier Giacomo Sottoriva, Arti grafiche Caramanica (Collana personaggi della memoria minturnese), 2021. ''Michael Angelo Musmanno - The judge of Pittsburgh, USA - Honorary citizen of Minturno (1945)'', Pier Giacomo Sottoriva, Caramanica Graphic Arts (Series of characters from Minturno memory), 2021.


References

Footnotes Citations


Sources

* *


Further reading

* Paul B. Beers, ''Pennsylvania Politics: Today and Yesterday: The Tolerable Accommodation'', University Park: Penn State Press, 1980.


External links


Michael Angelo Musmanno
at ArlingtonCemetery.net, an unofficial website
"Judge Michael Musmanno"
''Pittsburgh Post Gazette''
Len Barcousky, "Eyewitness 1937: Pittsburgh papers relished 'Musmanntics'"
''Pittsburgh Post-Gazette'', 7 March 2010
The Musmanno Papers
, Duquesne University
Musmanno's role in the Nuremberg Trials
, Holocaust History website
"Michael Angelo Musmanno"
''Pittsburgh City Paper'' {{DEFAULTSORT:Musmanno, Michael 1897 births 1968 deaths People from Stowe Township, Pennsylvania Republican Party members of the Pennsylvania House of Representatives Justices of the Supreme Court of Pennsylvania United States Navy admirals Politicians from Pittsburgh Writers from Pittsburgh Judges of the United States Nuremberg Military Tribunals Pennsylvania district justices 20th-century Pennsylvania state court judges Burials at Arlington National Cemetery American anti-fascists American anti-communists American people of Italian descent 20th-century members of the Pennsylvania General Assembly