“HAW HAW” AMERICAN

Grey River Argus, 20 September 1945, Page 2

“HAW HAW” AMERICAN

COURT’S RULING / Passport Case Pressed LONDON, Sept. 18. The trial was resumed at Old Bailey of William Joyce (Lord “Haw-Haw ) who had pleaded not guilty to the three counts .on which he was charged, namely: U) That, between September 18, 1939, and May 29, l?4o, while owing allegiance to the King, he traitorously adhered to the Kings enemies by broadcasting propaganda from Germany; (2) that on September 26, 1940, while owing allegiance to the King, he adhered to the Kings enemies by purporting to become a naturalised German subject; (3) that between September 18, 1939, ana July 2, 1940, he traitorously adhered to the King’s enemies by broadcasting propaganda from Germany. Mr G. O. Slade, K.C., counsel for Joyce, when the trial was continued, said that evidence would be called in support of the claim that Joyce was an American subject and owed no allegiance to the 'British Crown. Joyce would not be called on to give evidence' Mr Justice Tucker gave a ruling on the question of the nationality ot Joyce. It was that the evidence that William Jovce was an American and not a British subject was overwhelming. Following the ruling, there will go to the jury a charge that Joyce “traitorously adhered to the Kmg s enemies by broadcasting from Germany while holding a British passport between September 18, 1939 and July 5, ,1940.” After the Judge’s ruling the Prosecutor, Sir Hartley Shawcross pointed out that a passport entitled ■ a nerson to protection outside his own country. He concluded by urging that an alien could be prosecuted it he accepted the protection of a passport, which, he submitted, Joyce had done. The Judge reserved his ruling on the point until after the luncheon adjournment. ’ Frank Holland testified that late in the last century, in Lancashire, he knew Gertrude Emily Brooke who went to the United States in 1905 and married Michael Joyce. He called on them at Brooklyn in 1906 when they had a son, William, a few months old. He again visited them in America in 1909 when Michael Joyce told him he had become a United States citizen. Witness said he saw Joyce and his family at East Dulwich, England in 1919, ’ when Michael Joyce and his wife had both been required to register as aliens. Edwin Quentin Joyce, third son of Michael Joyce also gave evidence. He stated that he saw his father burn a number of papers about 11 years ago, including one with an American seal. His father told him on a number of occasions that he was an American, but cautioned him not to talk about it as it might not be in his interests. The last witness for the defence was Henry Stebbings, First Secretary at the American Embassy in London. He said the swearing of the oath in the petition of naturalisation by Michael Joyce granted him American citizenship. According to the American law a son born to him in America would be an American citizen by birth.

Sir Hartley Shawcross then quoted a case-dated 1701. He asserted that an alien travelling abroad with a British passport was as much under protection of the Crown as a British subject travelling with a similar passport. A British passport could be used in a belligerent country, at least to the extent of entitling the holder to the intervention of the protecting Power. Mr Slade contended that Sir H. Shawcross's argument proved with one possible exception that an alien owed allegiance to His Majesty only minions. “We are concerned here with while resident in the King’s doa British passport issued to an American subject, but the Crown has no jurisdiction to issue a passport to an American subject.” The Court adjourned.'