Source of book: Borrowed from the library.
This has to be one of the hardest books I have ever read.
Not because it is difficult, but because it is so horrifying - particularly in
the difficult times we are in right now. The events in this book took place a
little over 70 years ago - during the lifetimes of some of my parents’
generation. And, sadly, the last few years have proven that we haven’t moved
forward all that much since then either.
On the one hand, this book is about great heroes. It is
about the hope that people can change their minds and become better. But it is
also about the unfortunate fact that the good people do not always win. And
also that humans can be simply horrid: full of hate, prejudice, and easily
incited to murder by whatever means they have at hand.
My older daughters have each had to read To Kill a Mockingbird for freshman
English - they had already read it, so they had a head start. I remember my
mother reading it to us. I read it for myself the first time in junior high,
and again as an adult. It never gets easier; it is still one of the most moving
and horrifying stories in the canon. It is precisely because it is all too true
that makes it horrifying.
The events in Devil in
the Grove likely inspired Harper Lee’s novel, although she certainly had
her pick of judicial lynchings to choose from. This particular case is
interesting in part because Thurgood Marshall played a role in it. As a result
of his involvement, the FBI did a series of investigations into aspects of the
case. Sadly, political realities kept the findings of these investigations
secret for decades afterward, and the truly guilty parties went to their graves
without paying any meaningful penalty for their roles in the murders. Gilbert
King was able to access these files, and illuminate what really went down -
information which Marshall
lacked during the trials, and which could have changed the course of a number
of lives.
The underlying story is one repeated thousands of times
across the Jim Crow south: a white woman cries rape, some young black men are
arrested, beaten into confessing, and either lynched, or given a sham trial and
executed. Never mind any exculpatory evidence. Never mind rock solid alibis.
Never mind due process. The honor of all white women must be avenged, and human
sacrifice committed.
In the Groveland case, two of the men had indeed had brief
contact with the woman and her semi-estranged husband. But their behavior
afterward looked nothing like that of men who even suspected a charge of rape
would be made. The other two men, believe it or not, could not possibly have
committed a rape. In one case, he was clearly out of town long before it could
have been done, while the other was...wait for it...in police custody when the rape was alleged to have occurred. But
never mind, blood sacrifice was needed.
These facts were generally known at the time of trial. But
there was more. The behavior of the alleged victim afterward was completely
inconsistent with that of a rape victim. Multiple witnesses saw her and talked
with her, and her appearance, story, and actions were at odds with her later
story. Even more damning: she was given a medical exam, and no semen or signs
of force were discovered. This fact was withheld from the defense, and the
judge refused to let the doctor be called as a witness. (Just one of many
obvious actions by the judge to guarantee a conviction. Seriously, as a lawyer,
it is astounding that this sort of stuff happened routinely. I guess this is
the sort of judge that Le Toupee thinks we should have…)
After the arrests, the three defendants were beaten nearly
to death. Two of them confessed - including the one, a mere teen, who was in
custody at the time of the alleged crime. The third never did confess, but the
sheriff made sure the newspapers printed that all of them had confessed. (Yep,
more tampering with justice.) The fourth defendant was gunned down by a posse.
And then, the KKK showed up - from other towns. A few
unsuccessful attempts at gaining access to the prisoners to lynch them, they
went and blew up and burned down most of the African American neighborhood. The
sheriff stood by and watched it happen, and then refused to identify any of the
perpetrators. In addition, the local head of the NAACP, Harry Moore, and his
wife were murdered by a bomb put under their house. Again, no arrests were ever
made.
Although Thurgood Marshall was involved in the preparation
for the first trial, it was Franklin Williams and Alex Ackerman who actually
tried the case. Both deserve props for outstanding work. Williams as a young
black attorney taking a huge personal risk by even appearing in court in Florida, and Ackerman
for essentially sacrificing his political career for the sake of justice.
Unsurprisingly, the verdict was guilty. However, in the case
of the teen who was clearly not guilty, the jury recommended only life
imprisonment. That’s as close to an exoneration as an African American could
expect in Jim Crow Florida in the 1940s.
Marshall
then appealed the case, barely keeping ahead of the prosecution’s efforts to
have the defendants executed without delay. Eventually, the Supreme Court heard
the case, and reversed it.
Prior to the second trial, however, the sheriff took the two
defendants (only those two cases were appealed, for strategic reasons), drove
them to a remote location, and shot them, claiming they tried to escape. One of
them survived, however.
The second trial - now for just one remaining defendant -
went about the same, despite Marshall’s
personal involvement in the case. During the appeals of this second sham trial,
Florida elected a new governor, one more eager to shed Florida’s reputation as
a racist hellhole in order to attract investment from wealthy Yankees. The
death sentence was commuted to life. And yet, despite this, while out on a
temporary parole, this defendant was found dead under suspicious circumstances.
It was rule “natural causes” and that basically ended the matter.
So yeah, a really sad story. The silver lining, to the
extent there was one, was in the fact that this case played a key role in
galvanizing the Civil Rights Movement. The open murder by the sheriff and the
railroading of justice by a corrupt judge led to outrage in the North, and
shined a light on the festering evil that thrived in places like Florida. Bad publicity
eventually led to political pressure to change.
The other positive was that a few characters in this book -
including Mabel Norris Reece, a journalist who originally was staunchly against
the defendants - changed their minds as a result of seeing Southern “justice”
in action. Sadly, many more stuck to their views even when it became obvious
that the authorities had murdered innocent men.
If I had read this book a few years ago, I probably would
have felt relief in the idea that things are a lot better now. And in some
ways, yes they are. In other ways, though, things are much the same. Our whole
discussion of the Black Lives Matter movement is nothing more or less than a
continuation of this story. The casual murder of unarmed black men (and
sometimes women) by police, with a weak “I was afraid” used to justify it, even
in the face of video evidence to the contrary continues. Protestors are still
demonized (including by the most powerful politician in America), and
“ungrateful” is just another term for “uppity negro.”
For that matter, the KKK hasn’t gone away. Sure, it is
unusual to see white robes and hoods in public. But the new white hood is the
red MAGA hat. And the new euphemism is the “Blue Lives Matter” response to BLM.
It’s still the same argument. Most discouraging was to read statement after
statement dehumanizing blacks, and realize that while we don’t usually use the
N-word anymore in public, the statements are largely unchanged. It isn’t even a
shock anymore to see a Florida
candidate warn the public about “monkeying it up” by electing an African
American candidate. And of course the racist white guy won, because Florida hasn’t changed that much.
I do think, though, that the book does point to some ways to
fight back against hate and the KKK. First, those who do not subscribe to these
ideas need to stand up and say it out loud. We also need to keep exposing the
evil. Over and over as often as necessary. As young(er) people, we need to
remind our “racist uncles” that their words and behavior are not acceptable to
us, and that they will not be coddled. And, of course, VOTE! One reason we have
the KKK in the White House is that too few of us decent people showed up -
particularly in the swing states.
While the entire book is exceedingly quotable, a few things
stood out to me. First is the history of the NAACP and Thurgood Marshall. I was
15 when Marshall
retired from the US Supreme Court. I remember watching the announcement with my
dad, and his chuckle at his line, “What’s wrong with me? I’m old!” (
See
3:20 in this clip from his press conference.) At the time, even though I
was reasonably informed about law and politics, I didn’t really grasp just how
much of a legal badass Marshall
was. Once I got to law school, obviously, I saw him in a new light. Arguing
(successfully)
Brown v. Board of Education
while he was with the NAACP was obviously a highlight, but he had a whole
string of cases that chipped away at the foundation of Jim Crow.
Likewise, the work done by the NAACP and its legal branch
was singularly impressive. I jotted down the three criteria used to determine
if they would get involved in a criminal case:
Marshall issued a memorandum that
established three rules to be applied “to the types of criminal cases we
accept…(1) That there is injustice because of race or color; (2) the man is
innocent; (3) there is a possibility of establishing a precedent for the
benefit of due process and equal protection in general and the protection of
Negroes’ rights in particular.”
Rape cases presented a particular problem. King gives a few
examples of contrasting cases. Often, when a consensual liaison between a white
woman and a black man was discovered, she cried rape rather than face the scorn
of her fellow whites. These charges were often impossible to defend against.
Furthermore, as in the case of Joseph Spell and Eleanor Strubing, she actually
abused her position to blackmail him into sex. (All too similar to
Joseph
and Potiphar’s wife…) In many states, a rape conviction meant a death
sentence for a black man.
In contrast, even if a white man was convicted of raping a
black child, he would get off with a fine or time served. Even worse if the
white rapist was wealthy and/or powerful. An extended quote from The Mind of the South by W.J. Cash is
interesting:
“[T]he actual danger of the Southern
white woman’s being violated by the Negro has always been comparatively
small...much less, for instance, than the chance that she would be struck by
lightning,” it was “the most natural thing in the world for the South to see it
as very great, to believe in it, fully and in all honesty, as a menace
requiring the most desperate measures if it was to be held off.” In Cash’s
estimation, the Southern rape complex “had nothing immediately to do with sex,”
but rather with the feeling among Southerners that if blacks were allowed to
advance beyond their severely circumscribed social station, they might “one day
advance the whole way and lay claim to complete equality, including,
specifically, the ever crucial right of marriage.”
This is why a rape accusation was so incendiary: the entire
honor of all white women was at stake. As the crooked prosecutor in the
Groveland case argued, (white) women valued their chastity more than life
itself, and cited an apocryphal case of a woman throwing herself into the river
rather than be raped. (Personally, given the choice between rape and death, I’d
stay alive. Since I haven’t been raped or murdered, though, take that for what
it is worth, I guess…)
It is not an accident that Le Toupee claimed that immigrants
were “rapists.” This is deliberately loaded language aimed at dehumanizing
minorities, and making racism into a “noble” defense of white chastity. And of
course, has used such “desperate measures” as tearing children from their
parents as punishment for seeking asylum. As I said, we have the KKK in the
White House right now.
Those “desperate measures,” by the way, included flagrant
misconduct. King tells of another of Marshall’s
cases, where he and the defendant got the prosecutor to admit that he was
literally present at the beating given to induce a confession. The prosecutor
was literally shaking when Marshall
was done with him. And yet. He still got a guilty verdict. The jury recommended
a light sentence, though, which was as close as they could come to an
acquittal. The greatest victory out of that case, though, was that the father
of the (white) murder victim himself decided that the defendant was innocent
and said so. And actually joined the NAACP.
Another thing which really struck me was the fact that the
Civil Rights Movement has always been slurred by accusations of communism.
Today’s Right does the same thing, of course, claiming everything is communism
or socialism, whether or not it actually is. But it is a “conversation ender.”
Accuse the other side of being communist, and that ends discussion. And thus it
was in the 1940s too, except being accused of communism got you arrested or
blackballed. (Ah, the halcyon days of McCarthyism…) I think this book actually
explains pretty well why this happened. Under the name of “L. B. DeForest,” a
young woman seeking to abolish the death penalty came to Lake County.
She was also doing a bit of investigation for the NAACP in this case. What she
heard was enlightening. Some church ladies offered their opinion of the case:
One of the ladies noted that “Negroes
are o.k.,” but if they “step out of their place...they’ll burn.” Another said,
“The Notherners spoil them and treat them like equals.”
I think this is ultimately the issue. “Communism” means, at
an emotional level, that class and race get leveled. That prospect is, perhaps,
the most terrifying. And also why racial equality is seen as “communism.” In
that sense, nothing has changed. I myself have been accused of being a
communist, which seems rich considering I have blogged extensively against
communism and totalitarianism in general. But, if racial equality and public
infrastructure that benefits all is communism, I guess I am one.
Speaking of the way things used to be - and still are - how
about the connection between the KKK and violence against Jews? A few weeks
ago, a Jewish center in Pittsburg
got attacked by a White Supremacist gunman. Who was also racist against others.
Well, same thing in the 1940s. The KKK gave equal attention to bombing Jewish
targets along with the African American ones.
One other thing that was quite interesting was the way that
certain historical figures came off. Douglas MacArthur has always been, shall
we say, complex. On the one hand, he did some rather heroic things in war, and
may have been right about Korea.
(I still wonder if he had been allowed to march to Beijing,
if we might have avoided Vietnam
later.) But. But he was a thoroughgoing racist. Even after the Supreme Court in
ordered the military desegregated (and president Truman concurred), MacArthur
refused. Once he was relieved of command - for other reasons - the Army was
desegregated in a few weeks. (A note here: I love air shows. One of the things
I love about them is that our military men and women look a heck of a lot like America. Our
finest young people are of all colors, and it makes me proud to be an American
when I see them.)
Also not appearing particularly well was FDR, who seems to
have been lukewarm at best to the idea of racial equality.
Eleanor Roosevelt, on the other hand: my goodness, what a
magnificent woman. After Harry Moore’s murder - the first assassination of a
civil rights leader - she came out with a prescient warning.
“That kind of violent incident will be
spread all over every country in the world, and the harm it will do us among
the people of the world is untold.” Indeed, stories in newspapers as far off as
Asia and Africa reported the “violent
incident,” and editorials in the world’s most influential newspapers condemned
it.
Oh yes, this is so applicable to our own time. When even the
most loathsome regimes can point to us and mock our own violence and hatred, we
have a problem. (Hint: this is what you get when you elect a narcissist with a
deep racist streak. Just saying…)
I’ll end with a quote from a pastor, Donald Harrington. I
cannot help but think that if white pastors across our nation had had the
courage to stand up and condemn the growing racism and xenophobia within their
congregations, things would look different now. Anyway, here is a key part of
his speech:
“Our whole country stands blackened and
discredited in the eyes of the world because of Florida’s failure to protect
the lives and liberties of all her citizens….I am ashamed of Florida, I am
ashamed of the white race...I am ashamed of all the churches of Florida and
elsewhere that have turned their eyes away from what has been going on in Lake
County for these past years, and passed by on the other side while their
fellow-Americans of a darker skin were being denied the most basic American and
human rights and privileges. I weep for my country’s sacred honor.”
Amen, pastor Harrington. Amen. I too share that deep sense
of shame at what so many of my race and religion have done to those who do not
share their skin color. And how they justify racism, xenophobia, and hate by
misusing the very name of God.
This book really should be required reading. It is
horrifying, but it is all too true. The evils of racism continue in our society
- where we really have never fully accepted the idea of true equality, where we
value other people’s children like we do our own. We still live in a world
where the KKK wields disproportionate power, and rogue sheriffs, prosecutors,
and judges (see, respectively, Joe Arpaio, Jefferson Beauregard Sessions, and
Roy Moore) work to terrorize non-whites while carefully maintaining white
supremacy. But we also have the power to fix this. We are indeed in the middle
of an
epic
civil rights battle. It is time for a renewed Civil Rights Movement, dedicated
to the premise that all are equal under the law, and are entitled to social,
political, and economic equality. Thurgood Marshall and many others fought for
nothing less. We owe it not just to our children, but everyone’s children, to
leave them a world in which this is not merely possible, but reality.