ed States.[735] Here it was
held that although the overt acts relied upon to support the charge of
treason--defendant's harboring and sheltering in his home his son who
was an enemy spy and saboteur, assisting him in purchasing an
automobile, and in obtaining employment in a defense plant--were all
acts which a father would naturally perform for a son, this fact did not
necessarily relieve them of the treasonable purpose of giving aid and
comfort to the enemy. Speaking for the Court, Justice Jackson said: "No
matter whether young Haupt's mission was benign or traitorous, known or
unknown to the defendant, these acts were aid and comfort to him. In the
light of his mission and his instructions, they were more than casually
useful; they were aid in steps essential to his design for treason. If
proof be added that the defendant knew of his son's instructions,
preparation and plans, the purpose to aid and comfort the enemy becomes
clear."[736]

The Court held that conversations and occurrences long prior to the
indictment were admissible evidence on the question of defendant's
intent. And more important, it held that the constitutional requirement
of two witnesses to the same overt act or confession in open court does
not operate to exclude confessions or admissions made out of court,
where a legal basis for the conviction has been laid by the testimony of
two witnesses of which such confessions or admissions are merely
corroborative. This relaxation of restrictions surrounding the
definition of treason evoked obvious satisfaction from Justice Douglas
who saw in the Haupt decision a vindication of his position in the
Cramer case. His concurring opinion contains what may be called a
restatement of the law of treason and merits quotation at length;

"As the _Cramer_ case makes plain, the overt act and the intent with
which it is done are separate and distinct elements of the crime. Intent
need not be proved by two witnesses but may be inferred from all the
circumstances surrounding the overt act. But if two witnesses are not
required to prove treasonable intent, two witnesses need not be required
to show the treasonable character of the overt act. For proof of
treasonable intent in the doing of the overt act necessarily involves
proof that the accused committed the overt act with the knowledge or
understanding of its treasonable character.

"The requirement of an overt act is to make certain a treasonable
project has moved