The twelve defendants sentenced to death. |
1919
was a hell of a year in America. In the wake of World War I long pent up tensions boiled to the surface from coast
to coast. The decades long open class war between the employing class and the workers who demanded justice and equity
through their labor unions which had
been on partial abatement during war effort, reignited with a vengeance. Bloody strike erupted across the country—in
the steel industry of the Northeast and Midwest; Chicago streetcar operators;
harbor workers, tailors, tobacco workers, painters, streetcar operators in New York City, Western miners and lumberjacks, even Boston Police. The Industrial Workers of the World (IWW) despite being suppressed during
the War and subject to nation-wide raids that summer was spreading a revolutionary brand of unionism, but
even the stodgy American Federation of
Labor (AFL) under pressure from
their members was assuming a startling new militancy. Many workers took heart from the revolution in Russia—a General Strike closed
Seattle and unions formed a soviet to manage it.
Employers,
government, and the press reacted with predictable hysteria and a heavy
hand. The great Red Scare on and with it the greatest repression of dissent, personal, and civil rights in
American history conducted by every level of government and law enforcement
from the fledgling Bureau of
Investigation of the U.S. Justice
Department, through state police and
militia, down to municipal police, and county sheriff’s posses—all frequently
working hand in glove with company gun
thugs and vigilante mobs. Workers were shot, beaten, and tear gassed. They were locked out of jobs and fired
en masse, replaced with scabs.
They were kidnapped and
forced to run gauntlets. Thousands
were rounded up and jailed.
Hundreds deported.
At
the same time long suppressed racial
tensions exploded. In cities like
Chicago, Knoxville, and Washington, DC where Southern Blacks had flocked to find war
work, the post-war recession pit the
new arrivals against White workers. Deadly race riots broke out with White mobs attacking any Black they could
find, burning neighborhoods and
businesses. In the South there was a
resurgence of resistance to the imposition of Jim Crow laws which had been restricting every aspect of black
civic and economic life since the end of Reconstruction. When thousands of Black combat veterans of the Great War arrived back home they were
less willing to bow down to White
supremacy and many became leaders of resistance in their communities. This terrified the Southern White
establishment. Lynching and night riding were
on the rise as were wild rumors of
Black insurrections that planned to kill all whites.
All
of these forces came together in an Arkansas
back water, a rural Delta cotton
belt enclave where locally Black share
croppers out-numbered the White farmers
who employed them 40-1. On October
1, 1919 hundreds of members of a hastily raised posse and unorganized mobs from
surrounding counties and from across the River
in Mississippi began roaming the
country around Elaine in Phillips County hunting and shooting
down Blacks of all ages and sexes. The
hunt continued for three days. Battle hardened Federal Troops called
in to quell a “Black Insurrection” and separate and disarm both sides, joined
in the general mayhem, adding a
touch of military efficiency to the
operation. The total Black death toll remains unknown but was at
least 100 and local account put it
at closer to 250 based on those who disappeared and were never found. Hundreds more were arrested, held in a
virtual concentration camp until 122
were indicted. Twelve of these were sentenced to death by hanging.
Things
had always been tough for share croppers in the Delta. But they were getting worse. The main problem was getting the settlements due them for the crops they
raised for their landlords. The land
owners took the cotton to market without the sharecroppers present. They sold it when convenient—often delaying
months hoping from prices to rise—and would not pay their tenants until after
that, or when convenient. Meanwhile tenants
with no other source of income borrowed against their crop to make purchases of
necessities at stores that accepted
script, often owned by the farmers themselves. By Arkansas law a share cropper could not
leave his land until this debt was paid.
The
1918 crops had generally gone to market in October. Most sharecroppers in the area were not paid
until the following July meaning extra months of borrowing. Also the plantation
owners generally did not provide either proof of the price paid on
delivery, or itemized bills of what was owned from the stores. Sharecroppers were at the mercy of their
landlords and held in something very close to slavery.
Local
sharecroppers, spurred on by recently returned veterans began meeting secretly in the area during the late summer
to discuss their options. They boiled
down to two: a class action law suit against the owners or the formation of some
kind of union. A law suit—even if the poor sharecroppers
could find a lawyer—would be
expensive, take a longtime to resolve exposing the plaintiffs to retaliation by the landlords, and have little chance
of success in Arkansas courts.
Organizing a union would be dangerous, but solidarity might offer some protection from retribution. They hoped.
Robert L. Hill of Winchester, Arkansas, himself a Black
tenant farmer, had organized the Progressive Farmers and Household Union of
America. Several lodges were secretly formed
that summer in the Elaine area. In
addition to representing the tenant farmers, it also sought to represent their wives
and daughters who worked as cooks, maids, wet nurses, and “mammies”
in plantation homes and in the homes of other local Whites.
The meeting called at Hoop
Spur Church three
miles from Elaine on September 29 was just the latest of the meetings. About 100 sharecroppers crowded into the
remote church building. Organizers were
aware that by now the Plantation owners had gotten wind of what was afoot. As a precaution against nightriders, armed
guards were posted outside the building.
As
the meeting was going on inside three men, Deputy Sheriff Charles Pratt; W. A. Adkins,
a Missouri-Pacific Railroad detective, and a Black trustee from the Phillips
County Jail, pulled up in a car outside the church. Some
sort of confrontation occurred between the White men and the Black armed guards. A gunfight erupted. Who fired the first shot is unknown. In the end it didn’t even make a difference. When
it was over Pratt was dead, Adkins wounded and the trustee was fleeing on foot to
the County Seat at Helena.
Knowing what was inevitably coming, the meeting quickly broke up and
attendees scattered to their homes, many preparing to flee the area.
By
the next morning the Phillips County Sheriff organized a posse to arrest or
kill anyone involved in the meeting and shooting. The core posse was made up of local
plantation owners, their overseers and
White employees, local businessmen, and what lay-a-bouts could be quickly rounded up. As the day wore on, fueled by wild rumors and
lurid newspaper headlines, hundreds more armed men poured into the area from
surrounding counties and nearby Mississippi.
If the posse had ever truly been a law enforcement body under the
control of the Sheriff, it quickly deteriorated into a raving mob.
It
was a hunting party. Blacks were shot
down in their homes, whole families murdered.
Many more chased down as they tried to escape on foot. Some were armed and there was occasional
resistance. Five members of the mob were
killed, but some of those were apparently struck by shots from their friends,
many of whom had been drinking heavily through the day and following night.
Gov. Brough and Army officer at Elaine. |
County
authorities wired Governor Charles
Hillman Brough for troops to help suppress a supposed insurrection. Brough was a Wilson progressive and like the President a former college professor
with a PhD. He also echoed the Wilson administration’s
near hysteria over the Red menace. In a speech in St. Louis during the War he said, “there existed no twilight zone
in American patriotism” and called Wisconsin
Senator Robert LaFollete, who opposed the war, a Bolshevik leader. And he was
an unabashed supporter of the Jim Crow system.
Brough
pressed the War Department for
troops, which somewhat reluctantly agreed to dispatch 500 men from Camp Pike near Little Rock. Most were
Arkansas men awaiting discharge thus they were rather loosely organized for
camp life, not in the cohesive units they were used to in France and serving
under officers with whom they were unfamiliar and whom, as we shall see, soon
lost control of the men.
The
troops arrived on the seen during the day of October 2. Their official mission was to disarm and separate
both sides and assist in the arrest of the perpetrators of a riot and members
of an insurrectionary cabal. Many
members of the mob were exhausted anyway and began to drift home, but others
continued to arrive and join in the hunt.
The troops, who were fed frightening rumors, joined the hunt themselves. Colonel
Isaac Jenks, commander of the U.S. troops at Elaine, officially reported
two Blacks killed by his troops, but the Memphis Press on reported that “Many Negroes are reported
killed by the soldiers….”
This
was later confirmed by an account by Sharpe
Dunaway, of the Arkansas Gazette
in 1925 who
recalled that soldiers, “committed one murder after another with
all the calm deliberation in the world, either too heartless to realize the enormity
of their crimes, or too drunk on moonshine to give a continental darn.”
At
least the troops were more efficient than the posse/mob in making arrests. Over the next few days they rounded up hundreds
of men, just about every still breathing Black man they could find, and placed
them in an improvised bull pen near
Helena. The troops conducted “intense interrogation
of the suspects” which often amounted to beatings,
torture, and threats family members.
From the Arkansas Gazette. |
Meanwhile
the Southern press was having a field day passing on the wildest of
rumors. A headline in the Arkansas Gazette on October 3 screamed, “Negros
Plan to Kill All Whites: Slaughter was
to Begin with 21 Prominent Men.” E. M. Allen, a planter and real estate developer who became the
spokesman for Phillips County's white power structure, told the Helena
World on October 7, “The present trouble with the Negroes in Phillips
County is not a race riot. It is a deliberately planned insurrection of the
Negroes against the whites directed by an organization known as the
‘Progressive Farmers and Household Union of America,’ established for the
purpose of banding Negroes together for the killing of white people.”
Even
the New
York Times was not immune from the hysteria. Under a headline that in part read, “Trouble
traced to Socialist Agitators,” the
paper breathlessly reported, “Additional evidence has been obtained of the
activities of propagandists among the Negroes, and it is thought that a plot
existed for a general uprising against the whites.” A white man had been
arrested, the article added, and was “alleged to have been preaching social
equality among the Negroes.” Of course
no such White man was arrested—or ever existed.
The
idea sprang from the assumption that Blacks were naturally too content with their lot and too stupid to organize themselves unless
led astray and directed by devious revolutionists.
Governor
Brough arrived personally on the scene in the company of the Federal
troops. He consulted with a group of
local leaders designated the Committee
of Seven who passed on every rumor that they heard, or made up. The Governor appointed the same men to lead
his own “investigation” not into what happened or the response to it, but on
how to prevent future insurrections. The
Governor told the press, “The situation at Elaine has been well handled and is
absolutely under control. There is no danger of any lynching…. The white citizens
of the county deserve unstinting praise for their actions in preventing mob
violence.”
Violence
wound down after three days, although there were sporadic shooting later, and
more men were arrested when found in hiding.
Official estimates of the number of Blacks killed hovered around
100. Local residents believed that the
number was two to three times that. No
one will ever know for sure. Most of the
dead were buried quietly by their families, by who ever found their bodies, or
mass unmarked graves dug by the troops.
Over
the next few days some men who were vouched for by their employers were
released from the bullpen. 285 were then
transferred to the county Jail, which had a capacity of only 40. More torture was conducted, according to
sworn affidavits by two posse members, T.
K. Jones and H. F. Smiddy, in
1921, to extract confessions.
October
31, 1919, the Phillips County grand jury charged 122 of the prisoners on charges
ranging from murder to, without apparent irony, night riding, a hang-over
statue from the Reconstruction Era, aimed at the Ku Klux Klan. The trials began the next week. White attorneys from
Helena were appointed by Circuit Judge
J. M. Jackson to represent the first twelve black men to go to trial.
Attorney Jacob Fink, who was
appointed to represent Frank Hicks,
admitted to the jury that he had not interviewed any witnesses. He made no
motion for a change of venue, nor did he challenge a single prospective juror,
taking the first twelve called. By November 5, 1919, the first twelve black men
given trials had been convicted of murder and sentenced to die in the electric chair. As a result, sixty-five
others quickly entered plea-bargains and accepted sentences of up to twenty-one
years for second-degree murder.
Others had their charges dismissed or ultimately were not prosecuted.
Meanwhile
the case had stirred the attention of the National
Association for the Advancement of Colored People, NAACP, the leading, and
almost only, national civil rights
organization. Field Secretary Walter
White came to Elaine personally to investigate, at great risk to
himself. White was mixed race with pale skin, blue
eyes, and light hair. He easily
passed as a White man. In this guise he
interviewed local leaders and members of the posse and then met secretly with
the families of those in jail and with some men in hiding. Word leaked out that there was a High Yellow from up North snooping
around. White was warned and got on a
train where a conductor confided in him about a, “damned yellow nigger passing for white and the boys
are going to get him…when they get through with him he won’t pass for white no
more!”
As
soon as he was safely in the North White wrote articles which were published in
the Chicago
Daily News, which had
provided him with the press credentials he
used to interview White leaders; the Chicago
Defender, the nation’s leading
Black newspaper; The Nation,
and the NAACP’s magazine The Crisis. It
was the first time the sharecroppers’s side of the story was told along with
revelations of the bloody massacre and persecution. Local authorities tried to have both the Defender
and The Crisis banned from the mails.
Defense attorney Scripio Aftricanus Jones. |
The NAACP launched a massive fundraising drive for
a defense fund to handle appeals of the convicted men. They obtained as co-counsel Scipio Africanus
Jones,
Arkansas’s leading Black attorney and eighty year old Colonel George W. Murphy, a Confederate
veteran, former Arkansas Attorney
General, and unsuccessful candidate for Governor on the Progressive Party ticket. Despite his age
Murphy was considered still one of the most able men at the state Bar.
Both
lawyers performed heroically through a highly complex set of appeals in both
state and Federal courts which dragged on for years. They won a reversal of the
verdicts by the Arkansas Supreme Court
in six of the twelve death penalty cases on the grounds that the jury had
failed to specify whether the defendants were guilty of murder in the first or
second degree. Those cases were
accordingly sent back for retrial. These
six became known as the Ware defendants.
The
Supreme Court upheld the convictions of the other six who became known as the Moore defendants. In those cases the defense lawyers had
argued that the convictions should be set aside because the use of torture and
intimidation violated due process.
Several
appeals were filed in various courts for both sets of defendants. Appeals in the state courts were uniformly unsuccessful. The Supreme Court ultimately ruled that “the
defendants' evidence of torture used to obtain confessions or mob intimidation,
but the state simply argued that, even if true, this did not amount to a denial
of due process.” Even a Federal Appeals court agreed.
The
re-trial of the Ware defendants finally began on May 3, 1920. During the
trials, Murphy became ill, and Jones became the principal counsel. Jones face
enormous hostility, including court room packed with armed White men. He had to
sleep secretly at a different black family’s house every night during the
trials. Not unexpectedly despite his best efforts all six were convicted again
and once more sentenced to death.
However Gov. Brough stayed their executions until the Arkansas Supreme
Court could again review the cases. Ultimately, the Ware defendants
were freed by the Arkansas Supreme
Court after two terms of court had passed. No attempt was made to retry the men.
Meanwhile
the case of the Moore defendant finally landed in the United States Supreme Court which ruled that the original
proceedings had been a mask, and
that the state of Arkansas had not provided a corrective process that would have allowed the defendants to
vindicate their constitutional right to due process of law on appeal. The High
Court sent the case back to the State for a new hearing taking due process into
account.
Beyond
the immediate effect on the case, the Court decision was a landmark—for the first time it held that the Federal Constitutional protection of due
process applied to the States as well and that Federal courts had jurisdiction
to enforce it. Almost all subsequent
civil rights cases before the court and many criminal cases were heard under
this new standard.
Back
in Arkansas Jones concluded that even with the order, a fair trial could not be
obtained. But the State itself was
growing weary of the complicated and expensive litigation and of mounting criticism
from around the country. Jones elected
to save his remaining clients by making a deal.
In March of 1923 the men plead guilty to second-degree murder and a
sentence of five years from the date they were first incarcerated in the
Arkansas State Penitentiary.
Finally,
on January 14, 1925, Governor Thomas
McRae in his last hours in office before a sworn member of the Ku Klux Klan
would take his place ordered the release of the Moore defendants by
granting them indefinite furloughs. Jones arranged for them to be released
under cover of darkness and immediately taken out of state, safely away from expected
lynch mobs,
Within
a month, Jones also obtained the release of the other defendants who had pled
guilty or been convicted of lesser offenses.
Unlike
other famous racial atrocities like the Tulsa
race riot. Attempts to reconcile the
Black and White communities around Elaine have failed. Many, if not most, local White residents,
descendents of participants in the posses, mob, and trials, still believe that
there was going to be a bloody resurrection and that their forbearers acted
nobly and bravely to save their community.
A 2000
a conference on held at the Delta
Cultural Center in Helena was acrimonious and bitter.
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