Robert Liversidge
Encyclopedia
Robert William Liversidge (11 June 1904 – 30 September 1994), formerly Jacob (Jack) Perlsweig, was a British
Jewish businessman, whose activities sometimes attracted the attention of the police
and intelligence services, a reputed spy
, and subject of a cause célèbre
as an internee in World War II
Britain
.
, and Sarah, were Jewish immigrants to Britain from Russia
. He was born Harringay
, London
, one of five brothers and three sisters. He left school at age 14 and drifted before becoming involved in financial services. In July 1928, two of his associates, David and Dore Baumgart, were tried
at the Old Bailey
in London for conspiracy to defraud
over share dealing in which Liversidge was alleged to have been involved. An arrest warrant
was issued for him but was never executed. Though he subsequently admitted that he had become involved with some dishonest people, Liversidge always denied being guilty of any wrongdoing.
Some time before 1931, he adopted the name Liversidge from the married name of his eldest sister and in that year, applied for a Canadian passport
in that name, claiming to have been born in Toronto
and misstating his date of birth. He eventually managed a Hollywood recording studio, meeting minor actress Wanda Stevenson and marrying her in 1936.
Liversidge returned to England in 1936 and became a wealthy and successful businessman, formally changing his name to Liversidge in September 1937. However, his return was brought to the attention of the police by an informer and, though the arrest warrant had been withdrawn in 1933, his Canadian passport was confiscated.
After his return to Britain, Liversidge's business activities brought him into contact both with some individuals involved in the intelligence services and some who held views sympathetic to fascism
. Lord Verulam was associated with MI6. Cudbert Thornhill had been a military attaché
in Petrograd from 1916 to 1918 and later worked in political intelligence in the Foreign Office during World War II. Norman Thwaites worked in intelligence in New York
in World War I
and recruited spy Sidney Reilly
. Thwaites chaired meetings for the fascist January Club
and was an associate of H. W. Luttman-Johnson. Compton Mackenzie
was an intelligence officer in World War I and a prominent Scottish nationalist
. William Stephenson
was a Canadian spy of some subsequent notoriety. Van Lighten, a Dutchman
, had tried to join MI5
and was viewed with suspicion by the intelligence services as a German agent. Liversidge himself provided secrets to the War Office
.
at the time of the Munich Agreement
and for the Royal Air Force Volunteer Reserve
in September 1939. Having again used the false date and place of birth that he had used in his Canadian passport application he was commissioned Pilot Officer
on 26 November. He served as an outstanding intelligence officer in Bomber Command
at RAF Wyton
and RAF Wattisham
, then in Fighter Command
at RAF Biggin Hill and RAF Bentley Priory
.
Defence Regulation 18B
had authorised internment
at the start of the war and, in early 1940, MI5 received intelligence that "three notorious Jew swindlers" were using "improper pressures brought to bear in High Places" to effect the release of internees from the camp at Seaton, Devon
in return for payment of £500 (£17,700 at 2003 prices). Thwaites was implicated, Liversidge investigated and the false application revealed. Liversidge was arrested on 26 April and charged with making a false statement. His flat was searched and the names of other persons known to the intelligence services were discovered. When interviewed, it further came to light that Liversidge was Jack Perlsweig. Though Liversidge could have been prosecuted for his deception, it is unlikely that he would have received a severe sentence owing to his patriotic motives. However, the sensitive nature of his war work caused some alarm.
, Sir Archibald Sinclair, wrote to the Home Office
calling for Liversidge's internment stating that "I am certain that you will agree that it is most undesirable that a man with the unsavoury and indeed dangerous associations of Perlsweig, who during recent months has had access to information of a most secret character, should be left at large either in the Service or in the Country."
The Reasons for Order finally served
on Liversidge on 2 October alleged nothing that truly represented "hostile associations" other than count 7:
Liversidge's lawyers demanded particulars of such associations but were refused. The more detailed Statement of Case asserted that Liversidge had "a very bad record" and referred to the Baumgart case and the Canadian passport. It then alleged, solely on the word of the 1937 informant, that Liversidge had used the alias John Stone and had been involved in a fraud
in New York
. Though this had been communicated to the New York police, they had shown no interest in pursuing the matter through extradition. Though it was not pleaded that Liversidge had been involved in any conspiracy at Seaton, the Statement did claim that he was an "associate" of Van Lighton. Further, he was alleged to be involved with a Leon Nussbaum and already interned German national Richard Markus in dubious dealings in industrial diamonds.
The Statement concluded:
, a personal friend of Liversidge, had protested to the Home Office about the delay in the hearing.
The committee reported on 15 October and were clearly troubled by the facts but deferred to the imperatives of a Fighter Command fully stretched by the Battle of Britain
. They recommended detention with review on 4 December 1941. Herbert Morrison
finally endorsed the decision on 11 December, probably having been canvassed by Bevan. Simpson has alleged anti-semitism
as an influence on the decision.
and the Crown
filed a defence that he was lawfully detained under an 18B order. Liversidge then filed an application that the Crown disclose the grounds upon which the order was made, pleading that the Reasons for Order were insufficient. The application was dismissed by the High Court, as was an appeal to the Court of Appeal, and the case was brought to the House of Lords
, joined with an appeal from another internee Ben Greene
. Ultimately, the Law Lords deferred to ministerial discretion on matters of national security
in wartime. The application for disclosure was refused and Liversidge's internment confirmed.
On release, Liversidge joined the Fire Service and, after the War, became hugely wealthy in his continued business dealings. As a friend of John Belcher
, in 1947 he was called before the Lynskey tribunal
but was exonerated of all misconduct. He never received any compensation or apology for his detention and, until his death, remained bitter.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Jewish businessman, whose activities sometimes attracted the attention of the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
and intelligence services, a reputed spy
SPY
SPY is a three-letter acronym that may refer to:* SPY , ticker symbol for Standard & Poor's Depositary Receipts* SPY , a satirical monthly, trademarked all-caps* SPY , airport code for San Pédro, Côte d'Ivoire...
, and subject of a cause célèbre
Cause célèbre
A is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. The term is particularly used in connection with celebrated legal cases. It is a French phrase in common English use...
as an internee in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
Early life
Liversidge's parents, Asher Perslweig, a rabbiRabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
, and Sarah, were Jewish immigrants to Britain from Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
. He was born Harringay
Harringay
Harringay is a residential area of North London, part of the London Borough of Haringey, United Kingdom. It is centred on the section of Green Lanes running between the northern boundary of Finsbury Park up to the southern boundary of Duckett's Common, not far from Turnpike Lane.-Location:The...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, one of five brothers and three sisters. He left school at age 14 and drifted before becoming involved in financial services. In July 1928, two of his associates, David and Dore Baumgart, were tried
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
at the Old Bailey
Old Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...
in London for conspiracy to defraud
Conspiracy to defraud
Conspiracy to defraud is an offence under the common law of England and Wales and Northern Ireland.-England and Wales:The standard definition of a conspiracy to defraud was provided by Lord Dilhorne in Scott v Metropolitan Police Commissioner, when he said that Conspiracy to defraud therefore...
over share dealing in which Liversidge was alleged to have been involved. An arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
was issued for him but was never executed. Though he subsequently admitted that he had become involved with some dishonest people, Liversidge always denied being guilty of any wrongdoing.
Some time before 1931, he adopted the name Liversidge from the married name of his eldest sister and in that year, applied for a Canadian passport
Canadian passport
A Canadian passport is a passport issued to citizens of Canada for the purpose of international travel; allowing the bearer to travel in foreign countries in accordance with visa requirements; facilitating the process of securing assistance from Canadian consular officials abroad, if necessary; and...
in that name, claiming to have been born in Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
and misstating his date of birth. He eventually managed a Hollywood recording studio, meeting minor actress Wanda Stevenson and marrying her in 1936.
Liversidge returned to England in 1936 and became a wealthy and successful businessman, formally changing his name to Liversidge in September 1937. However, his return was brought to the attention of the police by an informer and, though the arrest warrant had been withdrawn in 1933, his Canadian passport was confiscated.
After his return to Britain, Liversidge's business activities brought him into contact both with some individuals involved in the intelligence services and some who held views sympathetic to fascism
Fascism
Fascism is a radical authoritarian nationalist political ideology. Fascists seek to rejuvenate their nation based on commitment to the national community as an organic entity, in which individuals are bound together in national identity by suprapersonal connections of ancestry, culture, and blood...
. Lord Verulam was associated with MI6. Cudbert Thornhill had been a military attaché
Military attaché
A military attaché is a military expert who is attached to a diplomatic mission . This post is normally filled by a high-ranking military officer who retains the commission while serving in an embassy...
in Petrograd from 1916 to 1918 and later worked in political intelligence in the Foreign Office during World War II. Norman Thwaites worked in intelligence in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
and recruited spy Sidney Reilly
Sidney Reilly
Lieutenant Sidney George Reilly, MC , famously known as the Ace of Spies, was a Jewish Russian-born adventurer and secret agent employed by Scotland Yard, the British Secret Service Bureau and later the Secret Intelligence Service . He is alleged to have spied for at least four nations...
. Thwaites chaired meetings for the fascist January Club
January Club
The January Club was a discussion group founded in 1934 by Oswald Mosley to attract Establishment support for the movement known as the British Union of Fascists....
and was an associate of H. W. Luttman-Johnson. Compton Mackenzie
Compton Mackenzie
Sir Compton Mackenzie, OBE was a writer and a Scottish nationalist.-Background:Compton Mackenzie was born in West Hartlepool, England, into a theatrical family of Mackenzies, but many of whose members used Compton as their stage surname, starting with his grandfather Henry Compton, a well-known...
was an intelligence officer in World War I and a prominent Scottish nationalist
Scottish independence
Scottish independence is a political ambition of political parties, advocacy groups and individuals for Scotland to secede from the United Kingdom and become an independent sovereign state, separate from England, Wales and Northern Ireland....
. William Stephenson
William Stephenson
Sir William Samuel Stephenson, CC, MC, DFC was a Canadian soldier, airman, businessman, inventor, spymaster, and the senior representative of British intelligence for the entire western hemisphere during World War II. He is best known by his wartime intelligence codename Intrepid...
was a Canadian spy of some subsequent notoriety. Van Lighten, a Dutchman
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, had tried to join MI5
MI5
The Security Service, commonly known as MI5 , is the United Kingdom's internal counter-intelligence and security agency and is part of its core intelligence machinery alongside the Secret Intelligence Service focused on foreign threats, Government Communications Headquarters and the Defence...
and was viewed with suspicion by the intelligence services as a German agent. Liversidge himself provided secrets to the War Office
War Office
The War Office was a department of the British Government, responsible for the administration of the British Army between the 17th century and 1964, when its functions were transferred to the Ministry of Defence...
.
World War II
There seems to be no reason to suspect that Liversidge shared the political views of his colleagues. He volunteered for the armyBritish Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
at the time of the Munich Agreement
Munich Agreement
The Munich Pact was an agreement permitting the Nazi German annexation of Czechoslovakia's Sudetenland. The Sudetenland were areas along Czech borders, mainly inhabited by ethnic Germans. The agreement was negotiated at a conference held in Munich, Germany, among the major powers of Europe without...
and for the Royal Air Force Volunteer Reserve
Royal Air Force Volunteer Reserve
The Royal Air Force Volunteer Reserve consists of a number of groupings of individual military reservists for the management and operation of the Royal Air Force's Air Training Corps and CCF Air Cadet formations, Volunteer Gliding Squadrons , Air Experience Flights, and also to form the...
in September 1939. Having again used the false date and place of birth that he had used in his Canadian passport application he was commissioned Pilot Officer
Pilot Officer
Pilot officer is the lowest commissioned rank in the Royal Air Force and the air forces of many other Commonwealth countries. It ranks immediately below flying officer...
on 26 November. He served as an outstanding intelligence officer in Bomber Command
RAF Bomber Command
RAF Bomber Command controlled the RAF's bomber forces from 1936 to 1968. During World War II the command destroyed a significant proportion of Nazi Germany's industries and many German cities, and in the 1960s stood at the peak of its postwar military power with the V bombers and a supplemental...
at RAF Wyton
RAF Wyton
RAF Wyton is a Royal Air Force station near St. Ives, Cambridgeshire, England.In terms of organisation RAF Wyton is now part of the combined station RAF Brampton Wyton Henlow, a merger of Wyton with two previously separate bases, RAF Brampton and RAF Henlow. Wyton is the largest of the three. It...
and RAF Wattisham
RAF Wattisham
RAF Wattisham was a Royal Air Force station located in East Anglia just outside the village of Wattisham, south of Stowmarket in Suffolk, England. During the Cold War it was a major front-line air force base...
, then in Fighter Command
RAF Fighter Command
RAF Fighter Command was one of three functional commands of the Royal Air Force. It was formed in 1936 to allow more specialised control of fighter aircraft. It served throughout the Second World War, gaining recognition in the Battle of Britain. The Command continued until 17 November 1943, when...
at RAF Biggin Hill and RAF Bentley Priory
RAF Bentley Priory
RAF Bentley Priory was a non-flying Royal Air Force station near Stanmore in the London Borough of Harrow. It was famous as the headquarters of Fighter Command during the Battle of Britain and the Second World War. The RAF Bentley Priory site includes a Grade II* listed Officers' Mess and Italian...
.
Defence Regulation 18B
Defence Regulation 18B
Defence Regulation 18B, often referred to as simply 18B, was the most famous of the Defence Regulations used by the British Government during World War II. The complete technical reference name for this rule was: Regulation 18B of the Defence Regulations 1939. It allowed for the internment of...
had authorised internment
Internment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
at the start of the war and, in early 1940, MI5 received intelligence that "three notorious Jew swindlers" were using "improper pressures brought to bear in High Places" to effect the release of internees from the camp at Seaton, Devon
Seaton, Devon
Seaton is a seaside town in East Devon on the south coast of England. It faces onto Lyme Bay, to the west of the mouth of the River Axe with red cliffs to one side and white cliffs on the other. Axmouth and Beer are nearby...
in return for payment of £500 (£17,700 at 2003 prices). Thwaites was implicated, Liversidge investigated and the false application revealed. Liversidge was arrested on 26 April and charged with making a false statement. His flat was searched and the names of other persons known to the intelligence services were discovered. When interviewed, it further came to light that Liversidge was Jack Perlsweig. Though Liversidge could have been prosecuted for his deception, it is unlikely that he would have received a severe sentence owing to his patriotic motives. However, the sensitive nature of his war work caused some alarm.
Allegations
Though internment was initially suggested by MI5, it was realised that there was no real evidence of "hostile associations" nor "acts prejudicial" and that only an ordinary criminal charge for the deception looked reasonable. However, on 15 May the Secretary of State for AirSecretary of State for Air
The Secretary of State for Air was a cabinet level British position. The person holding this position was in charge of the Air Ministry. It was created on 10 January 1919 to manage the Royal Air Force...
, Sir Archibald Sinclair, wrote to the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
calling for Liversidge's internment stating that "I am certain that you will agree that it is most undesirable that a man with the unsavoury and indeed dangerous associations of Perlsweig, who during recent months has had access to information of a most secret character, should be left at large either in the Service or in the Country."
The Reasons for Order finally served
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
on Liversidge on 2 October alleged nothing that truly represented "hostile associations" other than count 7:
Liversidge's lawyers demanded particulars of such associations but were refused. The more detailed Statement of Case asserted that Liversidge had "a very bad record" and referred to the Baumgart case and the Canadian passport. It then alleged, solely on the word of the 1937 informant, that Liversidge had used the alias John Stone and had been involved in a fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. Though this had been communicated to the New York police, they had shown no interest in pursuing the matter through extradition. Though it was not pleaded that Liversidge had been involved in any conspiracy at Seaton, the Statement did claim that he was an "associate" of Van Lighton. Further, he was alleged to be involved with a Leon Nussbaum and already interned German national Richard Markus in dubious dealings in industrial diamonds.
The Statement concluded:
Internment
Liversidge appealed his detention before the Advisory Committee headed by Norman Birkett on 10 October, where he admitted the passport and the alias John Stone but denied any fraud or association with Van Lighten. There were testimonials as to his good character and an appearance by Liversidge's actress fiancée Clare McCririck. She and Aneurin BevanAneurin Bevan
Aneurin "Nye" Bevan was a British Labour Party politician who was the Deputy Leader of the Labour Party from 1959 until his death in 1960. The son of a coal miner, Bevan was a lifelong champion of social justice and the rights of working people...
, a personal friend of Liversidge, had protested to the Home Office about the delay in the hearing.
The committee reported on 15 October and were clearly troubled by the facts but deferred to the imperatives of a Fighter Command fully stretched by the Battle of Britain
Battle of Britain
The Battle of Britain is the name given to the World War II air campaign waged by the German Air Force against the United Kingdom during the summer and autumn of 1940...
. They recommended detention with review on 4 December 1941. Herbert Morrison
Herbert Morrison
Herbert Stanley Morrison, Baron Morrison of Lambeth, CH, PC was a British Labour politician; he held a various number of senior positions in the Cabinet, including Home Secretary, Foreign Secretary and Deputy Prime Minister.-Early life:Morrison was the son of a police constable and was born in...
finally endorsed the decision on 11 December, probably having been canvassed by Bevan. Simpson has alleged anti-semitism
Anti-Semitism
Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
as an influence on the decision.
Appeal
Liversidge sued for false imprisonmentFalse imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
and the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
filed a defence that he was lawfully detained under an 18B order. Liversidge then filed an application that the Crown disclose the grounds upon which the order was made, pleading that the Reasons for Order were insufficient. The application was dismissed by the High Court, as was an appeal to the Court of Appeal, and the case was brought to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, joined with an appeal from another internee Ben Greene
Ben Greene
Ben Greene was a British Labour Party politician and pacifist. He was interned during World War II because of his fascist associations and appealed his detention to the House of Lords. In the leading case of Liversidge v...
. Ultimately, the Law Lords deferred to ministerial discretion on matters of national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
in wartime. The application for disclosure was refused and Liversidge's internment confirmed.
Release and later life
On 9 November 1941, six days after the House of Lords ruling, it was decided that there were no longer compelling reasons for his detention. Liversidge was finally released, after further bureaucratic delay, on 31 December. He would probably have been released earlier had his detention not been necessary to establish a legal point in the House of Lords though the RAF were still insisting on his detention in July.On release, Liversidge joined the Fire Service and, after the War, became hugely wealthy in his continued business dealings. As a friend of John Belcher
John Belcher (politician)
John William Belcher was a British Labour Party politician, the first to resign in disgrace over a political scandal.-Political career:...
, in 1947 he was called before the Lynskey tribunal
Lynskey tribunal
The Lynskey tribunal was a tribunal of inquiry into allegations of corruption among British government ministers and civil servants. The allegations raised public alarm and disgust in the economic climate of austerity that prevailed in contemporary Britain...
but was exonerated of all misconduct. He never received any compensation or apology for his detention and, until his death, remained bitter.