Haupt v. United States

Haupt v. United States, 330 U.S. 631 (1947), was a Supreme Court case in which the Court affirmed the conviction of Hans Max Haupt—father of Herbert Hans Haupt— for treason, and that after the Constitution's Treason Clause's two witness requirement is satisfied, it does not preclude the prosecution from entering out-of-court confessions into evidence.

Haupt v. United States
Supreme Court of the United States
Argued November 21–22, 1946 Decided March 31, 1947
Full case name	Hans Max Haupt v. United States
Citations	330 U.S. 631 (more)
Case history
Prior	United States v. Haupt, 152 F.2d 771 (7th Cir. 1946) United States v. Haupt, 136 F.2d 661 (7th Cir. 1943) United States v. Haupt, 47 F. Supp. 836 (N.D. Ill. 1942) United States v. Haupt, 47 F. Supp. 832 (N.D. Ill. 1942)
Holding
With conviction of the defendant under the current facts was correct, and when a legal basis for a conviction of treason is proved by two witnesses, there is nothing precluding the use of corroborative out-of-court confessions as further evidence.
Court membership
Chief Justice Fred M. Vinson Associate Justices Hugo Black · Stanley F. Reed Felix Frankfurter · William O. Douglas Frank Murphy · Robert H. Jackson Wiley B. Rutledge · Harold H. Burton
Case opinions
Majority	Jackson, joined by Vinson, Black, Reed, Frankfurter, Rutledge, Burton
Concurrence	Douglas
Dissent	Murphy
Laws applied
Treason Clause

Historical Context

On September 4, 1942, Hans Max Haupt, along with Erna Emma Haupt, Walter Otto Froehling, Lucille Froehling, Otto Richard Wergin, and Kate Martha Wergin, were indicted by a grand jury in the U.S. District Court for the Northern District of Illinois for treason against the United States.

District Court Decisions

The indictment against the defendants alleges that they,

"were to carry out requests and instructions from Herbert Haupt and employ the use of false information in concealing the identity of Herbert Haupt...[and] conceal the property and funds of Herbert Haupt so that he would be able to successfully use the same, and all of these activities engaged in by the defendants were with the knowledge that they were aiding and comforting the enemies of the United States including said Herbert Haupt and the German government." "The overt acts may be briefly described as follows: Harboring and giving sustenance to the enemy; accepting money from the enemy; safeguarding and concealing money belonging to the enemy; harboring Herbert Haupt and concealing him in their respective homes; conferring, counselling and advising the enemy; giving false and misleading information which aided the enemy; permitting meetings to be held in their homes for the purpose of aiding the enemy; transporting and conveying the enemy; procuring and purchasing a vehicle of transportation for the enemy; giving money to the enemy; securing lodging for the enemy; furnishing a mailing address for the enemy; concealing the ownership of money belonging to the enemy and giving false and misleading information to the agents and officials of the United States government."

In an order by District Judge William J. Campbell, he held that the indictment was in proper order and fulfilled the Constitution's Treason Clause, and denied the all of the defendant's demurrers.

On November 24, 1942, Judge Campbell found each of the defendants guilty, per the judgement of the jury. He sentenced Erna Max Haupt (Hans' wife), Lucille Froehling, and Kate Martha Wergin to 25 years in prison and imposed a $10,000 fine. He sentenced Haupt, Walter Otto Froehling, and Otto Richard Wergin to death by electric chair, to be carried out on January 22, 1943.

Court of Appeals Decisions

All of the convicted defendants appealed their convictions to the U.S. Court of Appeals for the Seventh Circuit. The circuit court held oral arguments on issues about the indictment, certain statements from the defendants which were admitted into evidence, the court's decision to deny a motion for severance, and the jury instructions made by the court. On July 23 the court released its decision, written by Circuit Judge James E. Major, in which it reversed all of their convictions and ordered a second trial.

A new trial commenced, and Haupt was once again found guilty of treason, to which Judge John P. Barnes sentenced him to life imprisonment and imposed a $10,000 fine. Haupt appealed once more, and the circuit court released its decision on January 24, 1946. Written by Circuit Judge Evan A. Evans, the court affirmed Haupt's conviction. Circuit Judge Otto Kerner Sr. concurred in the judgement but "but not in all that is said in the opinion", and the aforementioned Circuit Judge Major filed a dissenting opinion to both the judgement and the court's decision to deny a rehearing.

Haupt then filed a petition for a writ of certiorari to the Supreme Court.

Supreme Court Decision

The Supreme Court granted Haupt's petition, and held oral arguments on November 21 and 22, 1946, and released its opinion on March 31, 1947. Justice Robert H. Jackson writing for a 8-1 court, affirmed the circuit court's decision and affirmed Haupt's conviction. On the main issue of whether various out-of-court statements made by Haupt and his associates were admissible, the court states,

"It is also urged that errors were made in admission of evidence. Some of this concerned conversations and occurrences long prior to the indictment which were admitted to prove intent. They consisted of statements showing sympathy with Germany and with Hitler and hostility to the United States. Such testimony is to be scrutinized with care..[b]ut, having found the legal basis for the conviction laid by the testimony of two witnesses, we find nothing in the text or policy of the Constitution to preclude using out-of-court admissions or confessions."

Justice Frank Murphy wrote a dissenting opinion.