Miriam Van Waters Papers. Male Prisoner Correspondence, 1927-1971. Correspondence: K, 1954-1971. A-71, folder 600. Schlesinger Library, Radcliffe Institute, Harvard University, Cambridge, Mass.

[right] September 28, 1966

[left] Dearest Miriam,

It has been so long since I've written. I am enclosing a copy of Bill O'Halloran's letter which I received yesterday. I continue to be encouraged by his attack AND, as he points out, in the last para (ENC) the issue is very simple! The Johnson case mentioned in that para. is the one that was handed down by the U.S. Supreme Court on June 20, 1966.

I received a nice long happy letter from Jim yesterday too. He keeps himself busy. Don's book has required a lot of typing, Jim loves it tho, AND he inserts a paragraph of his own once in awhile. Professor Clark is waiting for the latest revision.

Sister Anna usually visits on Wednesday morning --today-- so, I am rushing this quickie. One to Jim & Francis also......

One thing is certain!!!! I feel great. I continue in fine fettle. appetit is good! sleep is fine! and all that.

The race for high offices in this State is beginning to 'heat up' and I'm going to follow that with interest. (I have my favorites!)

[right] Will catch you again soon With Very Much Love XOXO Always, John

[left] Kerrigan

[left] Copy to Miriam. -----------------------

[right] September 26, 1966

[center] Dear John,

[left] In the relatively recent past, the following has developed on your case.

1. Following the adverse decision of the Circuit Court of Appeals, a petition for a rehearing was filed and denied.

2. Cotemporaneously, a request for a hearing was filed with Chief Justice Wilkins of the Supreme Judicial Court and similarly denied.

3. A Stay of Mandate from the Circuit Court of Appeals which expired as of September 18th was extended until September 26th within which time a petition for a Writ of Certiorari to the Supreme Court in Washington must have been filed.

4. A petition for a Writ of Certiorari was filed in the Supreme Judicial Court docketed as of September 26th, bearing docket number 772 miscellaneous, and notification of this receipt and docketing was forwarded to the Circuit Court of Appeals here in Boston by me and by the Supreme Court in Washington.

It is unknown and uncertain how long the Court will take in Washington to decide whether or not they will hear our petition -- that is to say -- oral argument and briefs. If we were to be successful in obtaining a hearing, it would undoubtedly occur some time in January or February of next year. It is assumed that the decision to disallow the petition for the Writ could be forthcoming before that time.

If the letter were the case, preparations are being made at the moment to file a new motion for a new trial on the Superior Court level attacking the Judge's charge, as I believe that this Fratus issue has not yet matured to the point desirable.

The current issue is very simple: it is our position that the Johnson case states that the ESCOBEDO case is on the Federal standard not retroactive beyond the date of the ESCOBEDO decision. But, the Johnson case further states that "each State is competent to lay down stricter standards." It is our further position that Massachusetts has in fact given retrospective application to the doctrine of ESCOBEDO, and that having done so they are compelled to give retrospective application to our case.

I will plan to talk with you soon.

[right] Bill

[right] Box 100

So. Walpole,

Tuesday a.m.

Nov. 8, 1966

[left] Dearest Miriam,

Your very beautiful letter & enclosure of Oct. 31 arrived in speedy time. I loved the recollections of those Halloween parties and I can just picture how very beautiful "Empie" must've been in looks & action. If the white (enc.) were black -- it would be Emperor Jones.

The enclosure by Tennyson was quite timely because I have been reading him, now & then, for the past couple of months and the lines rang a bell -- I checked and was delighted to find I was right. They came from a long 275 liner titled, Morte d' Arthur, -- the death of King Arthur of the Round Table -- Who can argue with the very first line? I'm returning it because I have some of Tennyson.

I had a nice visit with Anna & Francis on Sunday and I got all the news on what happened Halloween night, the kids provided lots of laughs as they said "Trick or Treat".

I imagine that your grandson Richard is really making the most of his stay in The Netherlands. I made one trip to Ghent, Belgium in 1944 when I was in the Merchant Marine and I thought that part of the world was beautiful.

[left-hand side] [left] I am sure that Richey has visited, or will visit many different parts of Europe before his Tour in the Air Force is completed. After he is married to Miss Ripley I can just pciture him saying "Believe it or not," as a preface to his reason for coming home late. Ha Ha.

Jim writes often and time is flying for him -- He's doing time in such a good way -- He's working it to death. I know that he'll be having a cup of coffee with you and Mary before I will But, not much before because I'm sure to make it too -- in the NOT TOO DISTANT future...........

Charles Tracy expects to have a public hearing for commutation by the Governor's Council in early December. In our own way, we are thinking hard and acting out much of the first line of Tennyson here for we believe the 2 lines following the enclosed,

For so the whole round earth is every way Bound by gold cahins about the feet of God.

Yes! I am sure he would correspond. At present and indeed since he has been here, he has received no visits and no mail.

[right] Your right -- I'm in such Terrific good shape & condition & spirits -- THAT, if this finds you & Mary only half of it You'LL both be in great shape. As I know you both are......

All my Love XO John

[left] Kerrigan

[right] Saturday Nov. 19, 1966

[left] Dearest Miriam,

I enjoyed yours of the 10th which, arrived last Saturday -

The enclosed was filed earlier this week in Cambridge. It gives a pretty good idea how the cards were stacked PLUS the fact I was in a cage, handcuffed, all of the trial. It is no wonder that Mr. [Droney?] gags at recent U.S. Supreme Court decisions, he believes that cages and handcuffs are proper tools to use before a jury. (the cages have since been outlawed. -----

[right] Will catch you soon with Very Much Love Always,

John XO

[left] Kerrigan