xt7bvq2s7r3n https://exploreuk.uky.edu/dips/xt7bvq2s7r3n/data/mets.xml Kentucky 1964 newsletters English Eddyville, Ky.: Kentucky State Penitentiary This digital resource may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Physical rights are retained by the owning repository. Copyright is retained in accordance with U. S. copyright laws. Please go to https://exploreuk.uky.edu for more information. Castle on the Cumberland Kentucky State Penitentiary -- Periodicals Journalism, Prison -- Kentucky Castle on the Cumberland, December 1964 text Kentucky State Penitentiary v.: ill. 28 cm. Call Numbers HV8301 .C37 and 17-C817 20:C279 Castle on the Cumberland, December 1964 1964 1964 2021 true xt7bvq2s7r3n section xt7bvq2s7r3n _..- “wan.“ , acquiesced and “apt the sleep of the innocent ‘. Via ~- THE EAGLE: JMZ ”A“ -A ,9... —: a A 45:: .- 2 F NOLUME IV, NUMBER VI 1313mm T. BREATHITI' GOVERNOR DEPARTMENT OF CORREC TIONS JOSEPH G. CANNON, Commissioner MARSHALL SWAIN, Deputy Commis sioner Dru HAROLD BLACK, Dir. of Institutions W. Z. CARTER, Director of Education EDDYVILLE ADM INISTRATION LUTHER THOMAS, warden HENRY E. COWAN, Deputy Warden JANE H. COLLIER, Deputy Warden CASTLE ON THE CUMBERLAND C OMMO NWEA LTH KBNTUC KY mom/113m, lgéh HARRY WATERFIELD LT. gamma BOARD OF PARDOAB AND PAROLES Dr .. FRED MOFFA'IT, Executive Director WALTER FERGUS;ON, Chairman ERNEST TI-DNIPSDN, Member Mrs. LUCI‘LLE HURT, Member GLEN WADE, Member W. O. KONG, Captain of the Guard Rev. H.E. INMAN, Protestant Chaplain ' Rev.» THOMAS CLARK, Catholic Chap lain WILLIAM EGBERT, Vocational Instructor CASTLE STAFF Kenneth Deneen - Editor John MoWhinney -~ Ast; Editor James McKi nney — Artist ‘9 Char les Goehri ng IN THIS MONTH'S CASTLE Castle News 2 - 3 Search 6c Seizure Laws b, - 5 Editorial 6 - 7 Chaplains' Corner 8 -~ 9 Silent Night 10 —ll - of Prxfi‘iir‘y 12 -_r *Iklkilttklkl‘l‘fl‘lklkakiklkiklk*#************************ LETTERS TO THE EDITOR are encouraged and will be loomed. They must be signed, as anonymous communications cannot be published.“ In the event the author of a letter wishes to withold his or her name from publication, this desire should be indicated printed without the signature at the discretion of the Editor if it contains information deemed of sufficient inter- in the letter. The letter will then be est to all readers. - Editor This magazine is published by and for the inmates of the Kentucky Penitentiary, under the supervision of Luther Thomas -* Warden. All or part of any article may be reproduced provided prOper credit is given to author and magazine. Address mail "to The Editor, Castle on the Cumberland, Box 128, Eddyville, Kentucky. Ta 1 1 Ta le s 15 Dep artme nt Rep orts 114-4 5- 16- 17 Exc ha nge Page 18 Sports 19—2C‘w21 Pe na 1 Pres s 22 25-21; Statisti cs 8c Puz zle -I‘ AID SOUGHT 'IO TRAIN CONVICTS FRANKFURT, Ky“. - CorrectionsCormnissioner Joseph Cannon is due in washington to seek about $500,000 in federal funds for training classes in Kentucky's correc- tions system. Cannon said the funds would be sought under the federal Economic Dpportunity (antipoverty) Act to equip and staff vo-— cational and academic training classes» “we have these people for a year or two and if we don't do something with them,9 they're going to be going back to the communities and be a responsibility of the communities as far as assistance is concerned,“ Cannon saido TWO INMATES} PASZS AWAY ON SAME DAY JAMES 0° BRANTLEY passed away on Novemw ber létho The cause of death has been listed as; a hemorraging peptic ulcer» His home was located in Providences Kyo ******************** STANIEH’SIMPSON passed away on November 16th. The cause of death has been lists ed as; an coronary infarction _ Heart attack — Stanley was from.D--or1gloa_9 1110 *********#********** PRO PO SE1) BAI L==J [M PI NG LAW A move to make bail- is raining Frankfort, Kym - jumping a crime in Kentucky manna ; cams’rmas THE COMMISSIONER mentioned two projects under consideration: 1» A new community correctional centers This would be a “halfway house“ to aid persons released on probation or paroles 2. A second forestry' camp& in Harlan County, for inmates from the State Re= formatory near La Grangec The Legisla= ture has appropriated $70,000 for the camp, but Cannon said it may not be enough for a complete facilitya If the federal funds can be obtained on a 90~lO pamatching basis, most of the $703000 could be used as the State's share in matching the federal.grant9 he saide a******#******************************m* DAILY IEIOUGHT The three hardest things are to keep secrets, to make good use of leisure, and to be able to bear injustice. ( ! " Chilo ‘Mills said the bailmjumping bill momentum and is likely to be considered by the 1966 General Assembly» It's part of a plan initiated by Governor Breathe itt to end distinctions between criminal defendants with money and those without; Commonwealth Attorney'MoRs Millsa Chair- man of the Governor's task force on criminal justice stated: "Everyone has the constitutional right to bail, the right to be released pending trial. Una fortunatelyg it has come to mean the right to buy oneis way out of jail." should be coupled with effective action by judges in reducing the amount of bail and, in many casesg releasing prisoners on their own recognizancee Mills bew lieves that making the failure to show up for trial a crime would eliminate the need for baila eSpecially in the form of a large bond, in most cases. Bail~jump~ Continued on page ~21? -2- —,«- _ OREGON ENDS; DEA'JZPI PENALTY SALEM, Oreo (UPI) - The agony is over for three convicted Slayers in Oregon's State Penitentiaryo Less than h8 ‘hours after -Oregonians voted to abolish the death penaltyg Gov- ernor Mark Hatfield commuted their sen- tences to life in prisono Awaiting execution were Jeannace June Freeman, 22; Larry'West Shipley, 23, and Herbert Floyd Mitchell, h5n Miss Free- man would have been the first woman axes cuted in Oregon. All three were released from isolation, and integrated into the regular prison routines Governor Hatfield said he commuted the death sentences "in view of the express— lion of the peeple in their vote abolishv ing capital punishment ” Senator wayne Morse said, "In my judge~ mentJ the taking of human life is the prerogative of God: and not of many" It was the second time Oregon outlawed the death penalty. It was stricken in l9lh, then reinstated six years later after a series of sensational murdersa **************************************** RAMBLIN 'ROUND KENNETH DENEEN "Ye old editor" got "serve out" and will be around for a few more morrths‘ LAWRENCE SI\DW was granted a parole - to a detainer — which one Larry, Oklahoma: or New Mexico? “Slim" BUDDY SIMPSON saying to "Chubby" Shot Gun “I'm hungry!" HERBERT "Flash".HAXE3 say's he's the mostest on the basketball court - How about that fellows? Take it easy CRUM, the Blue Goose will be going to the "Flat Lands" pretty soonn When you get there Crum, tell my rappy Terry Hale to walk slow, and drink plenty of _ , HWY _ NEW YEAR The vote was better than A to 3 for abolishment: As a result the penalty for murder is life in prison. The theme of the drive to outlaw capital punishment was the danger of an innocent man being executed, and claims that only those so_poor they could not hire a good defense attorney ever were sentenced to die! Pr0ponents of the measure said the death penalty was expensive, and that it cost more to fight court appeals than to keep a prisoner locked up for life, Idultnomah County District Attorney Geor- ge van Hoomissen said “the spectre of an innocent‘ man unjustly executed is con— stantly in my mindJ' Senator Maurine Neuberger said: “Capital punishment is a carryover from the days of torture chambers and dungeonsa" mater; BILLY WHITE I understand that BEV BROWN is anti "Ark" I imagine the Kessler Company' will be happy to hear that; The "watch" brothers will soon be one BOB 0014le will soon be in Rid “D" - Detroit that is= Li? how about the fine paintings being turned out by "Big Jim" MCKINNEY and TED STEEIB' I was watching JIM SPRINKIE shooting pool the other dayé and he looks like he's almost ready for "Minnesota Fats.“ JERRY SAYLOR those new "Ivories" look pretty sharp — Keep smiling~ I'm sorry‘ JOHN NAUMAN that I miss-Spelled your name last month; Okay? DOUG HARRIS when are you going back to Tennessee; or are we stuck with you? Have any of you fellows noticed any of the nick—names that are hung on some of the. fellows? Like for instance: “Frog; 'Toad; One-Eye, JeepJ Shot-Gun; Horse: Pony, MOUSE, Lobos Tubby, Peg, Camel, Goat, Bear; Moose, & then of course the usual one’s such as Slim, Shorty etc= I'm curious about the guy that they call Gunsel! _r— rr't, mp3 - SEARCH & SEIZURE STONER vs CALIFORNIA, 576 U. S, hBB (l96h), was a case wherein the police developed » a lead near the scene of a robbery which ultimately led them to a hotel where: without a warrant, they searched Stoner's room in his absence, having been given access thereto by‘& hotel clerk. There they found articles like those associated with the crime by an eyewitness. Stoner Was arrested two days later in another State and following a trial in which the' articles were used as evidence was convicted. The U. Sm Supreme Court held: 1. A search without a warrant can be justified as incident to arrest only if sub- stantially contemporaneous and confined to the immediate vicinity of arrests Agnelo vs United States, 269 U} S. 20, * * a * * * * * m * * t * * * * * * * a * * i a t s * * * * * * * a * * * * a # * * PRESTON vs UNITED STATES, 376 U. 3, 36h (l96h), was a case wherein Preston and his two companions, who had been seated for several hours in a parked car, S C A L B S were arrested by the police for Vagrancy, searched for weapons and taken to the police sta- tion» The officers had the car towed to a ga- rage and soon thereafter they went themselves to the garage and for the first time searched the cart various articles found in the car were 'later turned over to federal authorities and used as evidence in a trial in federal court resulting in Preston's conviction of consPiracy to rob a federally in- sured banku O F J U'S T I 013 The U, S. Supreme Court : held: la The evidence obtained in the search of a car without a warrant was inadmissible because, , being too remote in time and place to be treated as incidental to the arreSt, it failed to meet the test of reasonableness under the Fourth Amendment. 505 F.2d 172, Reversed and Remanded. ************************************#****$ FAHY vs CONNECTICUT, 375 U. S. 85, S.Ct. 229, ll LaEd‘Zd 171 (1965), was a case wherein Fahy waived trial by jury and was convicted in a Connecticut State Court of wilfully injuring a public building by painting Swastikas on a synagogue. At his trial, a can of paint and a paint brush were admitted in evidence over his objec— tiona On. appeal, the Supreme Court of Errors held that the paint and brush had been obtained by means of an illegal search and seizure, and that therefore, the trial court erred in admitting them in evidence: but that their admission was harmw less error, and it affirmed the conviction, The U. 3. Supreme Court held: la On the record of the case, the erroneous admission of this illegally obtained -u- evidence was prejudicial to petitioner; the conviction was reversed, lh9 Gonna it cannot be called harmless error; and 577; 183 As2d 256; Reverseda ****************************************** MAPP vs OHIO, 567 U. s. eh}, 81 s Ct; lean, e L.Edl 2d 1081, (1961), is the leading case on search and seizure, It overrules wolf vs Colorado, 538 U.S, 25, 69 SeCt, 1559, 95 L.Ed, 1782, which had been the law of the land since l9h9, state search and seizures The U. S. Supreme Court held: concerning la Rule excluding illegally seized evidence is of constitutional origin« 23 Reasonableness of a search is in first instance for trial court to determine; 3. All evidence obtained by searches and seizures in violation of the constitution is constitutionally inadmissible in state courts. h. Evidence obtained by unconstitutional search was inadmissible in state prose- cution, and vitiated conviction, under the Fourteenth Amendments 5. The Fourth Amendment's right of privacy is enforceable against the states through the due process clause. 6c The rule requiring exclusion of a coerced confession overrides relevant rules of evidence, regardless of the incidence of such conduct by police slight or frequent; 7 7. Healthy federalism depends upon avoidance of needless conflict between state and federal courtse i 8m The right to privacy embodied in Fourth-Amendment is enforceable against states in same manner and to like effect as other basic rights secured by the due process Clauses 170 Ohio St» h27; 166 N.Ea2d 387s Reversed and Remandeds Compiled by Eddie Coxg The Stretch *************************.**************Ik*Ik VIA - THE {ENS In the little—publicized case of Dpuglas versus California, the U. Si Supreme Court's decision has made the appoint~ ment of counsel mandatory on appeals. The Supreme Court ruled that the failure to provide counsel for 'the one and only appeal an indigent has of right' created an unconstitutional line drawn 'between rich and poor.‘ In effect, this ruling assures the indigent defendant of aid by counsel not only on preliminary exami-v nation and at raial, but also makes it mandatory for states to provide legal assistance in the event an appeal is 'necessaryv THE PENITENTIARY WHEEL via The Enchanted News There are small onbe’ahafsig“3nesl All are self-styled and definitely run some» thing in a big and grand manner - their mouths. Perhaps the shock of a haircut and neW'pair of shoes of their very own has induced delusions of grandeur» After impressing you with their vast holdings (Cadillacs, townhouses, country estates, contacts and resources), they will in- variably put the arm on you for a _fla05 tory roll, until their next "C" note from the current doll arrives, (Transla- tion: Money that the poor old mother sends, even though she can't afford its? It's enough to make you wish you could afford to dent their "hubcaps" for them! -5... A psychiatrist sits by‘a Special red telephone in a yigi 31 he; ,3«,7€ raga County Hospital- He awaits a ‘all that will begin, “This is a crisis situation for the potential suicide,“ -says Dr. Herbert waltzerm Kings County -"our first aim when we get a call is to stop the person from carrying out his threat, the next step is to get him helped.m I don't really know if anyone has taken the time to study the "potential thief- " I do believe it merits attentions 'When I say "potential," I'm referring to the person that is on the verge of committing a crime, There are organizations for A. A. and N} A., and potential suicides, If a person feels himself faultering, he need only dial a telephone nunber, and help is on its way. I vaguely recall reading an article of an ex-con's anonymos in Canada a few years back1 However, I don't know if it met with success or not. My contention here is; if society can set up a system with practicing psychia- trist's in attendance, why can't some type of facility be set up for the potential--~ criminal? I agree with most writers, and philosophers, that the average criminal is simply carrying out an urge for recognition, and a perverted sense of self pity and pun- ishment. But, how many people would be in prison today} if they had had an under» standing and intelligent person to review their deep seated problems with? The urge to err is prevalent in everyoneo Most people repress these urges because of fear, and others overcome these urges with logical rationalization, or the assiss- tance of a "head shrinksr.” The average person cannot afford the prices of these tutored doctors of the minds, Psychiatry, in its true form, is a God send to the sick minds. But, why wait until the unfortunate person ends up in jail to offer him some "token assisstance?" In most cases - especially in penal institutions — it is nothing but a half hearted attempt to relieve the fears and anxities of the ill minda Even then, the subject rarely receives any attention until he becomes "a problems" In most cases, the sick mind has become sicker through association and institutionalization. The sub- ject has become immunized to treatment through the dehumanizing prison routine» The helpless feelings of rejection, shame and fear, have already set him up so that his state of mind is one of rebellion and mistruste n There no doubt will be those that wonder if I'm some kind of nuts Well,-the answer to that is, yes, I'm a nut, or I wouldn't be in hereo My proposed plan of seeking ~6- help may sound inane, but is it? In the quite solitude of your cell at night, ask yourself; would I be different now if I had had professional help BEFORE I come mitted a felony? It is a moot question, eSpecially when you consider that there are few PROFESSIONAL criminals in jail. Few indeed, are the people that Say: "I'm going to live a life of crime." The odds are against anyone becoming successful in a venture like that. ~ i'z .1 '. " It isn't the professional criminal that we are intere tr? in here. he are 1": Led - a?" ‘j . -. 9.7;] 3719;”; V i .:.- :""_‘_.“on.. if: 7“: ”'13. ,,.. .I : "rct wsn' t‘ 'ci‘ hihwclf. wilL. ii A at, 't F efiw {93¢ ' 30 ff 3 cry}. «2": to twin... to? “(j-"55h sf? ":2:- 47.3.1.7.: or" ;‘-"}';:;?2:T l." . €;'....r":. s3." ;-' -".'v“)";{l’145. l " ~ .. ~._( \i t‘ ~ ‘ t o rehab}. : ’* ~~ *' "venue, ’7 ’~ 1's” (Lif‘i‘ifl'? . .wt inside . .L * * s * * * * * a * * * * * * e * * s * * s * * t * * * e * Kenneth Deneen w-Editor THE CHALLENGE WE MUST MEET NOW' - James V, Bennett - Former Um 3, Prison Director To deplore injustice is not to suggest that we should in any way, relax our efforts to reduce crime. The dilemma is how best to do it. The problem is heightened by the fact that a sizable proportion of crimes are csmmitts: by psychopaths and men- tally sick people. Psychiatrists, to be sure, do not have an answer for the problem of crime but they do contribute illuminating insights into the behavior of criminals. Yet there are only 50 professional psychiatrists among the 252 major federal and state prisons and reformatories. At other levels, trained personnel are also scarce, and except in a handful of prison systems, salaries are too low to attract competent peoPle. One of the best systems is the research - conscious organization created in Cal» ifornia by the then Governor Earl warren, now U} S. Chief Justices One of the worst is in Mississippi, where the lash is still in general user Do most ex-convicts usually return to prison? Are they as unredeemable as those who push for harsher penalties say they are? Certainly the ex-convict who wants to go straight can eXpect to have a rough time. 'When he leaves the walls he doesn't have money to last more than a few days, Many firms will not give him a job. And in some cities the police will pick him up on any pretext, to put him into the day's “lineup" or merely haraSS him so much that he'll move on to another town. But the typical ex-prisoner persists in his efforts to sunnount these difficultiese A five-year study of federal prisoners done by the University of Illinois, under a Ford Foundation Grant, indicated that nine out of 10 prisoners intend to take up an honest way of life when they get cute Some fail in their good intentions, but the same study proved that two-thirds are successful in staying out of trouble. Our prison system will not succeed in permanently "reforming“ larger numbers of their graduates until communities are ready to play a much larger part in the re- habilitation processa, And I wish that this problem would attract more serious attention and public discussion. The challenge we must meet is to reduce the basic causes of crime, improve lawe enforcement methods, and use more effectively the techniques that have been de- veloped for changing human behavior, ' The existence of crime and criminals should spur us on to experimentation, infuse new life into our efforts to rid the country of social injustices, and make us all a little more tolerant of each other's imperfect conduct. -7... sh swim THE BIRTHDAY OF CHRIST No one knows the exact day or year in which Jesus was born. By the time the early Christian Church began to cele- brate the event, the date was unknown» At first, the Crucifixion and Resurrec- tion overshadowed all 91894 It was only as the significance of the Life and mine istry of Jesus began to lay hold of their minds that the early Christians were moved to observe His birthdays According to an early Christian leader, 1 Chrysostom, who wrote in the year 386 A” D, when the Feast of the Nativity was not yet ten years old, it took three centuries before Christians began to ob— serve the birthday of their 10rd» Eome of the early churches in the East, esPecially in Syria and Armenia, began to observe the event on January 60 Some eastern branches of the Church still db- serve Christmas on this date. An entire different develOpment took place in the waste In Rome, the feast of Brumalia, following the feast of Saturnalia, celebrated the rebirth of the sun and marked the time of year when the days began to lengthen after the longer darkness of winters The 25th of December was ob- served as the day of this rebirtho The feast was marked by drunkenness and im- moral orgies. Christians seem to have taken the date, which was observed as the birthday of the Sun, and made it the birthday of Him who is the Light of the worlds Therefore, they took a celebra» tion that was often characterized by the worst in man and, by means of the Chris- tian message, transformed it into an ob- servance of the highest and best the world has ever known. the The legend of Santa Clause, spark— Continued on next page -810 ($017311? 17. FATHER THOMAS CLARK, CATHOLIC CHAPIAIN "Fear not; for behold I bring you good tidings of great joy that shall be to all the people," Never has it been easy to be a human being. Men have always wrestled with strong and painful fears. But our own times have been described often and well as an age of anxiety»: We seem to be Specialists in fear. There- fore we have special reasons for going over~ to Bethlehem to see this thing .which has come to pass—~this thing which bids us, "fear not:" Now if we face ourselves honestly, or if we merely eavesdrop on the secret mur- murings of our own hearts, isn't this what we discover: that our basic fear, the fear beneath all fear, is our dread of being nobody, our fear of being nothing of having no real importance, no lasting values. And if we trace this fear down to its roots, we find that it Springs from two very deep human exPeriences: first, the sense of the fact that we are creatures and secondly, the sense of our sinfulness. Now there is.a very important link between these two things: the more we try to escape from the fact that we are creatures, the more we are likely to exercise our sinfulnessa More sin causes more guilt. Added guilt causes new fears, And so the truly vicious circle goes round? It has been said that most evil in this world is caused by people who are trying to prove something — — something unreal, At least it is true that most of the tragedies in the world are caused by people who never learned to accept themselves as limited and sinful, It is precisely to this that Christmas speaks. "Fear not,” it bide us; here is good tidings of great joy that shall be Continued on next page Protestant Chaplain - Continued ling trees, and the exchange of gifts, which has led to such widespread commer- cialization, may add color to the obser- vance of Christmas, but many Christians feel that these activities crowd out its religious significance, Essentially Christmas is a religious festiva13.¢sthe birthday of Him whom Christians believe to be the Savior of the world, The very story of Jesus' birth indicates that the Christian message is not for a single nation or race but for the entire world; God's love indeed, is revealed as miss— ionary love -- love that goes out in search of the sinner to lead him home: "For God so loved the world that He gave His only begotten Son; that whosoever believeth in Him should not perish, but have everlasting life." (John 5:16) ***************t**#**#***#************t* SCHEDULE OF CHAPEL ACTIVITIES SUNDAY: Protestant Services, 7:50 am; Catholic Mass, 12:30 pm; — Alcoholics Anonymous, 2:00 pm, MONDAY: Interviews with Catholic Chap- lain, 10:30 - 1:00. (Interviews with Protestant Chaplain daily)s TUESDAY: Choir practice, 12:30 pms WEDNESDAY: Mid — week prayer servicea I§:30 pm: THURSDAY: Interviews with Catholic Chaplainn 10:30 am — 1:00 pms FRIDAY: Group Therapy (A9 A.) 3:00pm CHAPLAIBS NOT IN ON SATURDAY **********¢****************************# WHY NOT SEND YOUR DOLLAR TODAY? That is full year's subscription to on the Cumberland, Send your check or money order to: Castle on the Cumberland P. 0. Box 128 Eddyville, Kentucky h2038 all that it takes to buy you a the Castle Catholic Chaplain - Continued to ALL the people; to all, no matter how ltnited and sinful; no matter how much deprived of pleasure or power or pep- ularity or possessionsl !"For there is born to us all a savior who will save us from our fears by saving us from the cause of them. For, as Sacred Scripture tells uS, "in this is the love of God, not that we have loved Him, but that He has first loved us.n In other words, our basic value is not something we achieve in competition with everyone else, but something we accept in thank— fnlness along with everyone else? For God; loving us, has made us in His own image and likeness, This is our essen— tial and our secure dignity” Our value is within usr We need not become impor— tant; we are important we need not be— come somebody; we are somebody_ no matter what others may say of us or think of us, or do to US; How false and foolish then to put our peace of soul at the mercy of a frown or smile of another human being. How unreal it is to go through life walking a tight rope, trying never to be criticized, never to appear foolish, never to make a mistaken But we human beings learn by signer Hence God's messenger declares to the shepherds and to us: "This shall be a sign unto you, you shall find an infant wrapped in swaddling clothes," God Himself is not afraid to take on our human nature, vauainted though it is with weakness, let us hasten then to Bethlehem. To Mary's Wonderful Child, let us offer our fears as the Shepherds offered Him their timid sheep; To His healing mercy let us confide our sins, however horrible: No one need feel too unworthy to come to a stable, not too shy to kneel before an infant Savior: Fear not, then; for unto us a child is born; unto us a son is given and His name shall be called Wonderful, God the Mighty, the Prince of Peace; CATHDIIC SERVICES‘CHRISTMAS DAY 9:00 AM -9... —‘~' ‘w. A SONG Is BORN Twas the night before Christmas} when all through the house, not a creature was stirring, not even a mouser But on the night of December 23 in the year 1818, in the little Austrian village of Oberndorf by Salzburg, on the banks of the frozen River Salzach, a mouse did stirm He not only stirred; he invaded the organ loft of the old church of Ste Nicholas, and there, because he was a cold mouse and a hungry one, he perpetrated a deed and initiated a chain of events that were to resound to the farthest corners of the earth, It was the following morning, criSps cold and clear, that an important gentleman in a black frock coat and stock let himself into the church of St, Nicholas and sat down at the organ. His name was Franz Gruber3 and he was a darkhaired, pleasant- faced man 31 years of age5 with a longish nose; cleft chin and friendly eyesl The world never heard of himg but in the small ponds of the neighboring villages of Ofibrndorf and Arnsdorf he was a very large frog indeed” For in Arnsdorf he was the schoolmaster and in Oberndorf he was the organist of the church. Now he flicked his long coattails out of the ways adjusted the organ bench, trod the pedals and pressed the keysv, But no music issued from the pipes - only a soft, breathy sigh» At this time Joseph Mohr, himself a musician and utility priest, entered the church,. Gruber informed Mohr what had happened” and the two gentlemen checked the loft behind the keyboards where the leather bellows supplied the. wind for the instrument, and found the hole in the worn fabric of the leather where the mouse had chewed through» A Christmas Eve Mass without music was unthinkable. He cried, “Here is a fine fixs what is to be done?" i , In answer, Father Mohr said somewhat shyly, "I have written a little poem“ Maybe we can set it to music, and make it into a song,“ Gruber glanced down at the poem and read the first stanzas1 A strange chill ran down his spine. It seemed to lay its hand upon his heart and speak to him gently, simply and movinglys Gruber was stirred by the words as he had never been before» Already he was beginning to listen to distant music waiting to be borne Father Mohr saidx “I only thought, since there is not a tone to be had from the organ, that you might be able to arrange something for our guitars with perhaps a simple chorus for the childrena” Gruber said; "Yes, yes, perhaps we COUldm Let me have it; I will take it home and see what I can doe“ All through the long trek homeward the words kept ringing through Gruber's mind; Silent night, holy night; All is cahn, all is brighte Like deaf Beethoven he was hearing all of the notes inside himselfo After arriving home he sat at his spinet; and unlocked the melodies: and the music flowed forth: The next day, Gruber and Mohr gathered the children together: and they practiced for hours for the evenings events The two men felt satisfaction» It was a little roughg a voice out of tune here and there, but easily remediedea It was going to work, Christmas Eve! There was a crust on the snows Beneath, it was so dry that it crunched and squeaked under the heavy boots of the churchgoerss The air was sharp and crystal-clear and hurt the nostrils when inhalede The stars seemed to hang from the sky and glitter like Christmas-tree ornamentsa There was a rustle of surprise as the 12 children, with Mohr and Gruber carrying their guitars: appeared before the altars Gruber noddeda The strings vibrated, and the tenor of Father Mohr and the basso of Gruber filled the old Churche Thus the Christmas hymn SIIENT NIGHT was heard for the first time - and the next day it was forgottenm No one dreamed that genius had burned for a few hours in two simple men who never after would be heard from again, and that through the magic of their collaboration on a Christmas Eve in a tiny Austrian village something death- less had been borne It was an accident that saved the masterpiece from oblivione The master organ repairer, Karl Mauracherg who came that spring to repair the organ, asked what they had done without music for the Christmas Masss "It was just a trifle," Gruber said, "It was a little song that Mohr and I put together. would you like to see it?” Karl nodded in the affirmative, and Gruber started rumaging thru a cupboard where he finally found the songs The organ repairer's lips moved as he read the scores and a deep humming of the melody came from his massive chest“ “It has something,“ he said softlya “Do you mind if I take this home with me?" Gruber laughed; pleased that their little effort had this belated moment of approvals "By all means have it for no one will have any further use for it once you have mended the organ»? Thus the song spread from Austria to Germany as folk mUBiOc~ Only in later years were Mohr and Gruber acknowledged the creators, though not a penny did they ever earns. It crossed borders; it went to sea with German emigrants; Mohr and Gruber died as poor as the church mousem But Gruber's old guitar still sings for him; for it was preserved and handed down in the familyc New each Christmas Eve it is brought to Oberndorf and the children's c