My life

Evidence counted a lot in my major law school activity that term, the annual Barristers Union trial competition. On March 28, Hillary and I competed in the semifinals, from which four students plus two alternates would be chosen to participate in a full-blown trial to be written by a third-year student. We did well and both made the cut.

For the next month we prepared for the Prize Trial, State v. Porter. Porter was a policeman accused of beating a long-haired kid to death. On April 29, Hillary and I prosecuted Mr. Porter, with help from our alternate, Bob Alsdorf. The defense lawyers were Mike Conway and Tony Rood, with Doug Eakeley as their alternate. The judge was former Supreme Court Justice Abe Fortas. He took his role seriously and played it to the hilt, issuing ruling after ruling on both sides and objections, all the while evaluating the four of us to decide who would win the prize. If my performance in the semifinals was the best public speaking of my law school career, my effort in the Prize Trial was the worst. I had an off day and didn’t deserve to win. Hillary, on the other hand, was very good. So was Mike Conway, who gave an effective, emotional closing argument. Fortas gave Conway the prize. At the time I thought Hillary didn’t get it in part because the dour-faced Fortas disapproved of her highly unprosecutorial outfit. She wore a blue suede jacket, bright—and I mean bright—orange suede flared pants, and a blue, orange, and white blouse. Hillary became a fine trial lawyer, but she never wore those orange pants to court again. Apart from the Prize Trial, I poured my competitive instincts into the McGovern campaign. Early in the year, I cleaned out my bank account to open a headquarters near the campus. I had enough money, about

$200, to pay a month’s rent and put in a telephone. In three weeks, we had eight hundred volunteers and enough small contributions to reimburse me and keep the place open.

The volunteers were important for the coming primary campaign, which I assumed we’d have to wage against the Democratic organization and its powerful boss, Arthur Barbieri. Four years earlier, in 1968, the McCarthy forces had done well in the primary in New Haven, partly because the Democratic regulars had taken Vice President Humphrey’s victory for granted. I had no illusions that Barbieri would make that mistake again, so I decided to try to persuade him to endorse McGovern. To say it was a long shot is a gross understatement. When I walked into his office and introduced myself, Barbieri was cordial but business-like. He sat back in his chair with his hands folded across his chest, displaying two huge diamond rings, one big circular one with lots of stones, the other with his initials, AB, completely filled with diamonds. He smiled and told me that 1972 would not be a replay of 1968, that he had already lined up his poll workers and a number of cars to take his people to the polls. He said he had dedicated $50,000 to the effort, a huge sum in those days for a town the size of New Haven. I replied that I didn’t have much money, but I did have eight hundred volunteers who would knock on the doors of every house in his stronghold, telling all the Italian mothers that Arthur Barbieri wanted to keep sending their sons to fight and die in Vietnam. “You don’t need that grief,” I said. “Why do you care who wins the nomination? Endorse McGovern. He was a war hero in World War II. He can make peace and you can keep control of New Haven.” Barbieri listened and replied, “You know, kid, you ain’t so dumb. I’ll think about it. Come back and see me in ten days.” When I returned, Barbieri said, “I’ve been thinking about it. I think Senator McGovern is a good man and we need to get out of Vietnam. I’m going to tell my guys what we’re going to do, and I want you to be there to make the pitch.”

A few days later, I took Hillary with me to the extraordinary encounter with Barbieri’s party leaders at a local Italian club, the Melebus, in the basement of an old building downtown. The décor was all red and black. It was very dark, very ethnic, very un-McGovern. When Barbieri told his guys that they were going to support McGovern so that no more boys from New Haven would die in Vietnam, there were groans and gasps. “Arthur, he’s almost a Commie,” one man blurted out. Another said, “Arthur, he sounds like a fag,” referring to the senator’s High Plains nasal twang. Barbieri never flinched. He introduced me, told them about my eight hundred volunteers, and let me give my pitch, which was heavy on McGovern’s war record and work in the Kennedy administration. By the time the evening was over, they came around.