Devil in the Grove
Page 51
calls to, for pardon of W. Irvin, 332
calls to, for removal of W. McCall, 264
concern about press coverage of H. T. Moore assassination for Florida economy, 279
fails to remove Sheriff McCall after shootings, 255–56
offers plea deal to W. Irvin, 291–93
political problems related to gambling, 247–48, 258–59
sends warning about threats to T. Marshall, 290–91
Washington, D.C., gambling in, 258–59
Washington Post, 278
Watts, Roland, 204
investigation of Groveland Boys trial testimony and, 211–15
Watts v. Indiana, 120, 191, 202
Weaver, Maurice (NAACP attorney), Columbia Race Riot trial and, 10, 14–20, 30
Weaver, Virginia (wife of Maurice Weaver), 10
Welles, Orson, 121
White, Gladys, 26
White, Walter (NAACP executive secretary), 9, 15, 20, 25, 26, 28, 29, 32, 42, 111–12, 120, 222, 338
attends H. T. Moore’s funeral, 280, 281
criticism of, and leave of absence, 68–71
returns to NAACP after leave, 201
salary, 206
tensions between T. Marshall and, 69–70
F. Williams alignment with, 191–92, 202–4
White Citizens Council, 339
Wilkins, Norton, 86–87, 93–94, 140, 141, 153, 202
Wilkins, Roy (acting secretary, NAACP), 69, 181
shootings of S. Shepherd and W. Irvin, and response of, 246
Williams, Bill (sheriff, Broward County, FL), 277
Williams, Franklin (NAACP attorney), 21, 71, 110, 120–23, 125–37, 153, 186, 189, 190, 210, 333
alignment with W. White, 191–92, 202–4
ambition of, to argue before U.S. Supreme Court, 190
appointed ambassador to Ghana, 358
on N. Bunin’s investigative report on Groveland Boys case, 200
concerns about personal physical safety, 137, 168–69, 174–77
on Florida State Attorney Jesse Hunter, 145–46
Groveland Boys appeal to Florida Supreme Court and role of, 190–91, 193–94
Groveland Boys appeal to U.S. Supreme Court and role of, 215–17, 222
Groveland Boys retrial and role of, 224–25
housing and transportation issues while in Florida, 126
joins NAACP legal staff, 120
oratorical skills, 182
post-Groveland Boys trial high-speed chase, and threat to, 174–77, 183–85
pretrial hearings, pretrial motions, and defense strategy in Groveland Boys case handled by, 142–49, 155–56
pretrial investigation of Groveland Boys case by, 125–37, 142, 152, 160–62
search for Florida attorney for Groveland case, 126–27, 136, 143–44
tensions between T. Marshall and, 202–4
trial proceedings in Groveland Boys case and work of, 155–74
work on Isaac Woodard legal case, and speaking tour, 121–23, 181
Williams, Rabun (physician), 250
Woodard, C. Van, 337
Woodard, Isaac, police assault on, blinding of, trial, and speaking tour with Franklin Williams, 21, 111, 120–23, 181, 201
Workers Defense League, 204, 211
investigation into forced labor in Florida citrus industry, 212
Wright, Louis T., 31–32
Wright, Richard, 26, 28
Wyland, Ben F. (clergyman), 355
Yates, James (deputy sheriff, Lake County, FL), 33, 84, 100, 180, 304, 321, 322
beating of C. Greenlee by, 74–75, 130–31, 135, 138–42, 184–85
beating of S. Shepherd and W. Irvin by, 124–25, 127–30, 259–62
beatings of black laborers by, 82
FBI investigation of, 138–42, 194–95
first questioning of C. Greenlee by, 65–66, 213
Fruitland Park rape case and, 356
grand jury fails to indict, for Groveland Boys beatings, 194–95
perjury and conspiracy indictment against, 356
plaster casts made by, 156, 166, 180, 312–14, 315, 319, 323–25, 356
removes Groveland Boys to prevent lynching, 62, 88, 130
shootings of S. Shepherd and W. Irvin and role of, 230–31, 234–36, 237, 238, 243–44, 245, 247
testimony at Groveland Boys (W. Irvin) retrial, 300–302
testimony at Groveland Boys trial, 166
testimony on his removal of W. Irvin’s pants as evidence, 156, 294–95, 301–2
Yde, Emil, 78
ACKNOWLEDGMENTS
MY MOST SINCERE thanks go to Jack Greenberg, the Legal Defense Fund attorney who served as Thurgood Marshall’s right-hand man throughout the Groveland Boys case. Professor Greenberg’s assistance was invaluable to me, as he patiently explained, clarified, and otherwise pointed me in the right direction with regard to the many questions I had in the research and writing of this book. I could not be more appreciative of his generosity, candor, and willingness to help me tell this story.
I am eternally grateful and forever indebted to Ted Wells, Jeffrey Robinson, and Debo Adegbile at the NAACP Legal Defense and Educational Fund for all that they did to arrange my access to the LDF files. Adrienne Cannon in the Manuscript Division at the Library of Congress was instrumental in this process, too, and I’m thankful for her help and guidance along the way.
There were a great many people who were kind enough to spend time talking to me; sharing notes, memories, clippings, photographs, and records; and helping me to better understand this story, this time in American history, and Thurgood Marshall. In particular I would like to thank Cecilia “Cissy” Marshall, Evangeline Moore, the late Stetson Kennedy, Vernon Jordan, the late Norman Bunin, Gloria Samuels, Kim Howard Turner, Gary Corsair, Ben Green, Mark Tushnet, Daniel Richman, Alexander Tureaud, Rachel Emanuel, Isaac Flores, Susan C. McCarthy, Caxton Doggett, Ernest Hekkanen, Robin Bridges, Kathleen Eckelt, and Marvin Dunn. I count each and every one of these conversations as a gift, and I am most thankful for their kindness and their generosity. I was also fortunate to speak with several people who, for various reasons, have asked me not to identify them. But their insights and contributions to this story were important, and I’m thankful they were willing to share a painful part of the past with me.
This book benefits tremendously from the research and counsel of the brilliant Matthew J. Boylan of the ASK NYPL division of the New York Public Library, who is in a category all by himself, and an indispensable source on history, political science, law, and journalism, to name but a few.
Early versions of my manuscript were turned over to a number of trusted friends who were charitable enough to read and offer valuable advice and encouragement. Karen Abbott lent her sharp eyes and well-honed storytelling instincts, and Jim Wohl his astute judgment and big-picture sensibilities. Both brought their sense of humor (in the margins and comments) to the most grinding of work—the rewrites. Carlo DeVito is, as always, an optimistic force of nature, spurring me on whenever I got stuck (often), while attorney extraordinaire Tom Burka was always there with the answers to my strange and perplexing legal questions. Betsy West gave me sage journalistic advice, and Anita Kimberly Sower and Dorothy King were trusty researchers who helped me track down material across the country. Boyd Murphree, archivist at the State Archives of Florida, and William Lefevre at the Walter P. Reuther Library at Wayne State University helped me get my hands on files and information that were essential to this book, and Judi Mackey came through for me in a very big way. I’m also grateful to the staffs of the National Archives, the Library of Congress, the University of South Florida Libraries Special Collections, the Schomburg Center for Research in Black Culture, the Moorland Spingarn Research Center, Howard University, the Rare Books and Manuscript Library, Butler Library, Columbia University, and the New York Public Library.
I don’t know what I would do without the discerning Peter Skutches in my corner, looking over my manuscri
pt. Patient, reassuring, and indefatigable, he’s a godsend of a friend and a devil with a green pencil.
I’m grateful to my longtime friend Joe Hamilla and his family (Cheryl, Hanna, and Jonathan), who were kind enough to put me up, and put up with me, over several research trips to Lake County, as well as to Janet, Jack, and Chase Wohl for their Southern hospitality. And to another longtime friend, Tom Schmidt, whose good company and comfortable couch kept me well rested during my stays in Washington, D.C., despite all the caffeinated beverages. For love and support, profound gratitude to the upstate Kings, Ed, Janette, Emily, Eileen, and Jimmy, as well as Dorothy King, Mary Jane Miles, and the ever-present Poppy.
Special thanks to my former editor, Julia Cheiffetz, whose passion for this story from the very beginning was inspiring, and to Gail Winston, my current editor, who enthusiastically took over the reins of this book and expertly guided it to completion. I couldn’t be more grateful for Gail’s composure and calm assurances on an entirely smooth transition. Also at Harper, Maya Ziv and Katie Salisbury were immensely helpful and efficient, Tom Pitoniak was ever alert and meticulous, and Melanie Jones showed great diligence in her legal read of the manuscript.
I’m extraordinarily lucky to have Farley Chase as my agent—always encouraging, clearheaded, and sharp as they come. It’s a pleasure to acknowledge my respect and admiration for him.
Finally, there are only a few words that matter for the three girls who matter most, Lorna, Maddie, and Liv. I love you.
About the Author
Gilbert King has written about U.S. Supreme Court history and capital punishment for the New York Times and the Washington Post, and is a featured contributor to Smithsonian magazine’s history blog, Past Imperfect. He is the author of The Execution of Willie Francis: Race, Murder, and the Search for Justice in the American South. He lives in New York City with his wife and two daughters.
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Also by Gilbert King
The Execution of Willie Francis
(Courtesy of Cecil Williams)
Credits
Cover photography courtesy of the State Archives of Florida
Cover design by Chris Sergio
Copyright
DEVIL IN THE GROVE. Copyright © 2012 by Gilbert King. All rights reserved under International and Pan-American Copyright Conventions. By payment of the required fees, you have been granted the nonexclusive, nontransferable right to access and read the text of this e-book on-screen. No part of this text may be reproduced, transmitted, downloaded, decompiled, reverse-engineered, or stored in or introduced into any information storage and retrieval system, in any form or by any means, whether electronic or mechanical, now known or hereinafter invented, without the express written permission of HarperCollins e-books.
FIRST EDITION
* * *
Library of Congress Cataloging-in-Publication Data
King, Gilbert.
Devil in the grove: Thurgood Marshall, the Groveland Boys, and the dawn of a new America / Gilbert King.—1st ed.
p. cm.
ISBN 978-0-06-179228-1 (hardback)
1. Discrimination in criminal justice administration—Florida—Groveland. 2. Groveland (Fla.)—Race relations. 3. Rape—Florida—Groveland. 4. African Americans—Civil rights. 5. Marshall, Thurgood, 1908–1993. 6. National Association for the Advancement of Colored People. I. Title.
HV9956.G76K56 2012
305.896'073075922—dc23
2011033757
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EPub Edition © MARCH 2012 ISBN: 9780062097712
12 13 14 15 16 OV/RRD 10 9 8 7 6 5 4 3 2 1
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NOTES
The pagination of this electronic edition does not match the edition from which it was created. To locate a specific passage, please use the search feature of your e-book reader.
Prologue
2 “nigger briefs”: Greenberg, Crusaders in the Courts, p. 71.
2 “inherent defects”: Remarks of Thurgood Marshall at the Annual Seminar of the San Francisco Patent and Trademark Law Association, Maui, Hawaii, May 6, 1987; commonly referred to as Marshall’s “Bicentennial Speech.” Thurgood Marshall Papers, Manuscript Division, Library of Congress.
2 the Founding Father of the New America: Jet, February 22, 1983. On the naming of the Thurgood Marshall Federal Judiciary Building in 1993, Georgia representative John Lewis praised Marshall, stating, “Supreme Court Justice Thurgood Marshall laid the foundation, in the legal sense, of the modern Civil Rights Movement. I would go far enough to say that he must be considered the founding father of the New America. . . . We would not have made the progress we have made, without the leadership and ability of a man like Thurgood Marshall.”
3 “I could see my dead body”: Columbia University Oral History Project, Thurgood Marshall with Ed Erwin, Columbia Center for Oral History, Columbia University, Butler Library, New York, NY (hereafter cited as COHP, Marshall).
3 “the nigger Shepherd”: Samuel Proctor Oral History Project, Franklin Williams, interview by David Colburn and Steve Lawson, University of Florida, Gainesville (hereafter cited as FOHP, Williams).
4 “battle fatigue”: Clark, Toward Humanity and Justice, p. 107.
4 “You know,” Marshall said: Ibid.
4 “suicidal crusader”: Rowan, Dream Makers, Dream Breakers, p. 7.
4 “Thurgood says he needs me,”: Ibid.
4 “There is very little truth”: Marshall’s speech, 1966 White House conference on civil rights, Thurgood Marshall: Justice for All, A&E Biography, 2005.
5 It also became the impetus: Greenberg, Crusaders in the Courts, p. 93.
5 “glued together”: Ball, “ ‘Thurgood’s Coming’: Tale of a Hero Lawyer.”
5 “Men are needed to sit”: Clark and Davis, Thurgood Marshall, p. 107.
5 “They came in their jalopy”: Williams, Thurgood Marshall, p. 201.
5 “a lawyer that a white man”: Janis Johnson, “A Tense Time in Tennessee,” Humanities, Vol. 25, No. 2, March/April 2004, http://www.neh.gov/news/humanities/2004-03/tennessee.
5 “Thurgood’s coming”: The original source of this phrase is unknown, but the phrase “Thurgood’s coming,” or “the lawyer’s coming,” has been repeated countless times in stories by Marshall’s former Supreme Court clerks and quoted in articles, books, and law journals.
Chapter 1: Mink Slide
7 “If that son of a bitch”: Dray, At the Hands of Persons Unknown, p. 373.
8 soda fountains: O’Brien, The Color of the Law, p. 66.
8 “spit-spangled”: Leon A. Ransom to Daisy Lampkin, Library of Congress, Manuscript Division, NAACP Papers, November 14, 1946 (NAACP).
8 “those niggers up there”: Williams, Thurgood Marshall, p. 137.
8 “the first major racial”: Stephen Smith and Kate Ellis, American RadioWorks: Thurgood Marshall Before the Court, http://americanradioworks.publicradio.org/features/marshall/.
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8 “Lose your head”: Greenberg, Crusaders in the Courts, p. 41.
9 “law enforcement would”: Daily Worker, November, 20, 1946.
9 “the situation in”: Walter White to Robert Carter et al., NAACP, June 8, 1946.
9 “no telephone calls”: Ibid.
9 “create a nation-wide”: White to Thurgood Marshall, NAACP, June 12, 1946.
10 “broke and bedraggled”: O’Brien, The Color of the Law, p. 224.
10 “You almost started”: Janis Johnson, “A Tense Time in Tennessee,” Humanities, Vol. 25, No. 2, March/April 2004, http://www.neh.gov/news/humanities/2004-03/tennessee.html.
10 “terrible summer of 1946”: White, A Man Called White, p. 325.
11 “The Columbia case,” he said: Marshall to Ransom, NAACP, undated.
11 “What you stop”: Ikerd, No More Social Lynchings, p. 14.
11 “Kill the bastards!”: Minor, Lynching and Frame-Up in Tennessee, p. 48.
11 “Stephenson niggers”: O’Brien, The Color of the Law, p. 11.
12 “Let us have them”: Ibid., p. 12.
12 “We fought for freedom”: Williams, Thurgood Marshall, p. 133.
12 “blankets over their”: Ibid.
12 “Uptown, they are”: Ikard, No More Social Lynchings, p. 19.
12 “Here they come!”: O’Brien, The Color of the Law, p. 18.
13 “burn them out”: Ikard, No More Social Lynchings, p. 33.
13 “You black sons”: O’Brien, The Color of the Law, p. 24. O’Brien cites the testimony in State of Tennessee v. William A. Pillow and Lloyd Kennedy, with Kennedy recalling a patrolman shouting, “You black sons of so and so . . . ” I took the liberty of using instead “You black sons of bitches,” since the testimony is rife with that expression elsewhere, and Kennedy was no doubt self-censoring in the formal setting of the court.
14 “blood running in the gutters”: Williams, American Revolutionary, p. 134.
14 “situation is in the”: Columbia Daily Herald, February 26, 1946.