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story Plowshares in court keep the flame alive
Editor's note: The Cold War ended more than a decade ago, but
the end of open hostilities between East and West has hardly meant an end to
the need for Christian peacemaking activities. The following stories, from an
account of the most recent Plowshares trial to the tale of peacemaking
education at a Maryland Montessori school demonstrate the ongoing search for
peace .
By ARTHUR JONES
NCR Staff Portland, Maine
This sunny Sunday afternoon the bicyclists in the annual Maine
Cycle Classic pedal furiously out of town into the countryside.
Still hours away -- in a rented car, a replacement for one that
was in an accident -- Liz McAlister and her daughters, Kate and Frida, head up
the interstates toward Portland. They're from Jonah House in Baltimore and on
their way to the Prince of Peace Plowshares trial that begins Monday morning.
Kate and Frida's father, Phil Berrigan, behind bars, is one of six defendants.
Liz and Kate couldn't leave earlier: Saturday night was Kate's high school
prom.
In Portland toward evening, as huge crowds pour out of country
singer Alan Jackson's concert in the downtown civic center, smaller crowds head
for the Woodfords Congregational Church.
Those going to the church, more than 300, are Plowshares
supporters from as far away as Texas and North Carolina. They are Catholic
Workers, Pax Christi members, peace activists of every persuasion.
Inside the church, huge crayon-signed letters circulate. They're
being sent to earlier Plowshares protesters still imprisoned -- Rick Sieber,
Michele Naar-Obed, Bruce Friedrich, Donna Howard Hastings, Laurentian Shield,
Carl Kabat, Helen Woodson. And now the new Six.
These activists see the Cold War as a mask behind which the United
States built up a nuclear arsenal it wants to keep. While Americans' attention
is deflected by the Cold War's end, they argue, the United States has committed
itself to nuclear security and committed its new weapons systems to perform a
dual purpose -- for conventional warfare and as world-ending weapons.
By mid-evening, the huge "Scotia Prince" ferryboat, white lights
beaming from a hundred portholes, enters the nearby harbor. Inside Woodfords
Church, banjos are ringing and people are singing. The sleeping bag folk will
lay down their swords and shields, "down by the riverside."
Dan Berrigan, a wispy figure with an imposing presence, tugs the
moment out of the scriptures and into the Congregational church's huge
downstairs hall.
Second Maccabees: The flame left in the cave. Rediscovered, it
sputtered out, transformed itself into thick water which, poured on the
sacrifice, burst into flame anew.
This crowd understands. Antithesis to materialist, corporate
America and imperial mentality, their battered cars in the church lot have
faulty clutches and missing brake lights. Designer labels are from the thrift
store. Logos are barely discernible on worn sneakers.
These are the flames left in the cave. Their E-mail and fax
networks, their free newspapers and small meetings, their houses of hospitality
and rallying around the least popular causes keep in repair the national
arteries and veins of antimilitarism and peacemaking.
Sr. Ardeth Platte, a Dominican from Jonah House, and the
Maine-based organizers designate Group A: inside the courtroom; B: vigil
outside; C: witness at Bath Iron Works where rests the USS Sullivan, Aegis
missile cruiser, damaged and bloodied by the Six.
They do not deny it, these six: former high school teacher Susan
Crane of Jonah House, mother of two sons; Jesuit Fr. Steven Kelly, Plowshares
activist and member of Jubilee West Plowshares; Berrigan, father of three and
forever the bur under the military saddle; Mark Colville, urban minister,
father of three and a member of Cesar Jerez Catholic Worker in New Haven,
Conn.; Steve Baggarly, father of one and a member of the Norfolk, Va., Catholic
Worker; and Tom Lewis-Borbely, artist, etcher, father of one, of Worcester,
Mass., the only one not in prison.
They want to explain why.
In Woodfords Church, the planning continues. When Group A comes
out of the court, B goes in; C moves to vigil; A goes to Bath Iron Works. By
Tuesday the Methodist church a block-and-a-half away from the courthouse will
open its restrooms and kitchen. Monday night meal and sleeping bag space will
be in Sacred Heart Church's cavernous downstairs.
By 7:30 a.m. on Monday, May 5, in Portland's early light, two
drummers tap out a cadence and the first dozens arrive at the court house.
Office workers, morning coffee containers warming fingers nipped by the sea
breeze, look on in wonder and walk on amazed, dismayed or annoyed. The police
are benign: These are nonviolent people. The marshals look officious with their
stern gaze, blue blazers and white wires running from their ears like
miniaturized extension cords.
Officialdom is civil, if a little proud. Security is strict. Bags
are x-rayed, bodies screened. The imprisoned carry their files in hands
iron-cuffed behind their backs. The Six are in.
Susan Crane and Mark Colville in prison day-glow orange; the
others in street clothes: Jesuit Steve Kelly in black, Berrigan in a dark blue
woolen cardigan, Baggarly in a dark green sweatshirt, Lewis-Borbely in a
salt-and-pepper sweater. Round-faced and mustached Chief Judge Gene Carter
peers through bifocals and allows Baggarly to plead the case for a "necessity
defense" which, no surprise, on Tuesday morning, after "taking it under
advisement" overnight, Carter will deny.
Only the judge, court officers, Assistant U.S. Attorney Helene
Kazanjian, who is the prosecutor, and the dozen media folk hear Baggarly's
often tearful account of the why of the Prince of Peace Plowshares action. The
still startling, moving Hiroshima stories -- in danger of being forgotten --
the untold national story of the continued refining of the nuclear arsenal for
ships like the Sullivan, the consequences in hunger and poverty from mammoth
military budgets -- this is the case Baggarly makes that the jury will not
hear.
Philip Berrigan weaves a careful, original and -- for the U.S.
government -- frightening legal scenario. The United States Senate has ratified
U.N. charters and treaties and agreed to a World Court. The Constitution
recognizes the ratifications. Ergo, international law supersedes national law
(and Nuremberg trial reasoning morally and legally supports this, he adds). The
World Court has ruled nuclear arms illegal. This Plowshares trial should be
held under that law. Prosecutor Kazanjian, eyes fixed under dark bangs, wants
none of it.
The jury pool enters and the tedious selection work commences.
Japanese Buddhists' drums join the earlier two; the crowd is a hundred plus.
The drums, a distant descant, lightly penetrate the court through ornate arched
windows. Selection continues. The man who said he thought the Six had a right
to protest is not in the final 15. Nor is the wife of the Quaker. Or the lady
in yellow who had heard of Philip Berrigan maybe "25 or 30 years ago."
"All rise." And come back tomorrow.
Lewis-Borbely is not taken out in cuffs. He has been out free on
his own recognizance to help his wife, Andrea, with their five-year-old, Nora.
That night in Sacred Heart's basement, the oval of more than a hundred people
discuss the day, reflect on their gathering, talk about tomorrow, about
themselves -- just a little.
Later, elsewhere, few sleeping bag folk hear the soulful moan of
the departing "Scotia Prince." Its low, deep Ohmmmmmmm! over Portland matches
the dark storm clouds moving in.
Tuesday morning the Six wink and smile at families, nod to
friends. Colville sees his 14-month-old, Justin. Baggarly gives tight-lipped
smiles to 5-year-old Daniel. Kelly sees familiar Jesuit faces. The Berrigans
had two hours and 10 minutes together the previous evening.
"All rise." The jury files in.
The court cannot know that the Sacred Heart crowd sees the judge
and jury as neighbors, no better or worse than themselves. All here are being
challenged by the Word. All capable of scriptural change.
Susan Crane is on her feet, as she was the day before, seeking
leeway in the legal procedure to explain the why. Judge Carter repeatedly warns
her off. Opening statements. Prosecutor Kazanjian waves her long fingers
towards the defendants, her eyes sweeping first them, then the jury. "This case
is about how each of these defendants damaged a U.S. Navy ship. ... They stand
charged with conspiracy." Conspiracy. A heavy word in a silent court.
Then Crane, as confrontational as amenable, gives her opening
arguments -- the Six have friendly lawyers in court to lean on, but they defend
themselves. Her military spending pie chart cannot be included as evidence.
Each time she slides in some conscience reasoning: "Objection," "Sustained," --
Carter strikes it. Game, Crane. Set, Kazanjian. Match, Carter. Colville,
smiling, friendly, in an unusually winning manner but obviously nervous, offers
-- against the advice of his fellow Plowshares -- "the artichoke defense."
There is laughter in court.
"The prosecution has an agenda," insists Colville, "to keep you
from peeling back the leaves of the artichoke ... to the deeper truth ... that
when the world ends [in a nuclear holocaust], it will all be perfectly legal.
We have better things to do with our lives than engage in juvenile acts of
damage. The truth goes much deeper -- and there is not much that is more
frightening than that. You, our peers have the right ... in conscience ... [to]
set aside the prosecution's case."
In this 19th century building, two laws are in contention.
Scriptural law and the law of the land touch but don't intersect. The Six want
them to intersect. The judge and prosecution have the federal criminal codes --
this act is being tried as a criminal conspiracy. Deadly serious. The Six have
Isaiah, and the text demands that hammers begin the conversion of the swords
into plowshares. The wrath of the law of the land is coming. The Six will do
time. Serious, harsh, long federal penitentiary time. On the second day, the
law has broadcast its intent: The drummers are now confined to a patch a block
away. Police barriers have broken yesterday's chanting circle.
The Six, their transformation into mystics continuing, have
shifted to biblical time. Maccabees time. They argue for generations, today's
and tomorrow's, using the fate of yesterday's generations -- Hiroshima,
Nagasaki.
The court is not ignorant, nor are the defendants. Only the jury
is in the dark. This is a political trial.
It would end predictably on the third day, after Dan Berrigan's
testimony. The defendants turned their backs on the court. So did their
supporters. The court was cleared. The verdict was guilty. For the Six,
sentencing is still to come.
National Catholic Reporter, May 16,
1997
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