Newspapers / The Carolina Times (Durham, … / Feb. 24, 1940, edition 1 / Page 5
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THE CAIOLWA fittU fATUIOAV* fll. $4ti. It4« SUPREME COURT FREES 4 FLA. NEGROES Fou r Y out hs Cha rged With Murdering Fish Peddler In May 1933 JACKSONViUuE, Fl». — "The Nefro citiaeas i»f F.loriJ»» who hnve given frwely of Iheir nlck- eli «nd through their local cl'ufches throughout this *up- rtme court victory as » Second Ettutncipatdun.” This w«» the stat^ent issued here tod*y by S. U. McGill in consinenting on the unanimouB United Slates upreme court de- ci^itiU handed^ down Monday, February 12* Lin.L'uiu's birthday Xreefng ftiur young Vlegioea whose death Bentenc# had been atlirnied by the Florida supreme ;curt on tne basis of ‘‘v.oluntary conlejsions” secured after a week of torture, the telling of wtuch shocked the members of the h'Rhest court in the land. To Mr. McGiil, a member of tt.e National Association for the Advancement of Colored Peo ple’s national legal staff, who carried the case tu the Ploridtt. high court five times, the decM- ion represented not only the thirteenth victory of the Associa tion out jf fourteen cases carri ed to the United States supreme Court, but he culmination of six years of struggle, out of which he .received only |177 for his own services. Mr. McGill and Leon A. Ransom, also of the NAACP national legal staff, agru ed the case before the Higli Court. The high court’s decision, which was read by Mr-. Justice Hugo L. Black, reversed the death sentence faced by Izell Chambers, Walter ^Woodard, Charlie Davis and Jack William son. They had been chage wifh tlK muVder of Robert Darcey, a white fish peddler in Pompano, a ^nnall town in Broward County, County, Florida, near Fort Lau- doradle on the night of May 13, 1933. In one of the most forceful reaffirmations of the Fourteenth amendment to the United States Constitution, whjch guarantfes to every purson convicted or a crime the right of a fair trial, the U. S. Supreme court vigor- Qiisly condemned the torture u- ffi-red by these young men, by means of which the state of Florida was a'ble to wring a con- fes-sion of guilt from them. Sett ing forth the attitude of the Court on 'this issue, which «o clearly involves citizenship, righi-s and liberties, Ju-'itiee . Black said: “In view of its hietorical gett- in^r and the wrongs which ^railed it into being, tlte due process provisi4in of . the Fourteenth Amendment—Jtist as in the Fifth lius leil few to doubt that t was intended to guarantee procedu- ra’ standards adequate and ap propriate, then and thereafter to protect, at all times, people el’ttrged with tr suspectcd of crime by those linlding positions of power and authorfty.” "Front the popular hatred a«d al)hi.Tr«nce of illega] confine, ment, torture and extortion of ccnft'.'isions of violations «f the ‘law of the land’ evolved the fundamental idea that no man’s life, liberty or property lie for feited as criminal puishment for violation of that law until there had been a charge fairly made and fairly tried in public tri- burial free of prejudice, passion, excitement and tyrannieali pow er. They who have sufferek meet from the secret and dicljatorial proceedings have almost '^Iways been the poor the ignoVant ind the numerically weak, the friend- ks? and the powerless.” Fi inting oirt that the torture attendant upon this type of criminal procedure has always been visited upon racial minori ties, jwstice Ulac'k said: Clark and his d^utits for « week to mak* tti*m confeii. The men finally cracked under the strain and oq May 21, 193S, fonfested to a erinw wbkh they n*iW say thew never coimmltteed. Un the same night th« Grand Jury indiuted the four df them and a few* days later sentences ot death Were pronounced upon *1' uf tiiem by the Circuit Judge »>f Uroward County, The e boys, all young, ignor ant Negroes, strangers and with '‘Tyiannicttl govwrivnii;nl liad iinnifuionally u>uii:4ed dietaiyii«| criminal procedure and punlSli- * out friioids, had co'ine from mcnt tu make atapegoal*, of me | Georgia and North Carolina weaK, or of iietptess political, ' only a short time before for the reiigioiui, or racial minorities anil purpt.ie of picking beans, an in- those wno dltfered, who would distry quit* profitable for not eonform, and wno resisted farmers at that season of the t-yranny.” • yiar. . . 'llie following is- the ^tv.ry ot 'fhe white lawyers who claimed the victims wiio were freed on to represent these defendants i^itigoin’s birthday: ■ did nothing for them at the Robert Uartey, a while fi-h I tiials, made no objections to the dealer, was murdered 'tr» Pvtn-t evidence, made no motit#iH4 ie #*• pano, a auiall town in Uroward cii'de the illegal confessions of Co"nty, Florida, near F o r 11 guilt iffered against the accused Lauderdale, on May ^ l3, 19CJ3, niaile no motions for new trials, | about a p. m. Somo twenty or tliirty Negroes in tlie fittie UjWil were arrested that same night and^ the following day-Sunday, put in Jail and held (m suspicion. All t»f them were later released, hi wever, except Izell Chambere, Waiter Woodard, Charlie Davis ai d Jack Williamson. Feeling among the people of Added belief" in this rumor came when Reuben Stacey, a Negro, wp» taken from Shentf Clark aad lynched almtSt in sight aJ the jail where thest men wer* kept. However, great precaution waa taken and under tfte protection of a number of law enforce ment utticers aad machine guna, Att. iney McGill glone appearing for the condemned men, the trial went o«. A jury again found the men gudty and • they were quickly spirited away under heavy guard for safe keeping. The case was taken to the Supreme Court of tne United Suites on Marc h3, 1U39, after ..he Florida Supreme Court deni- ed a motion for rehearing in the JO, «fter they tase. The case w-aa argued in the “l^^" y expie.sse United '» BanishesWhite Students Who Cheer Negroes Right To Attend University COLUMBIA, Ml'. — Mttff thtu* »h# tu^r(itn,m, i«i -iWfid t h .« j 125 tei'ii-'iged white girk, stu- *• tiinony car fully. They weta di'Jils at the exclusive .Stephens attending Ihip hearing av a clam College here, were ordered from ' project in their -TOUrsft in social I the Uoone County Circuit Court ' pr' blems, I rii'm by Judge W. M. Dinwiddle had Silver Moon attending - the University tSi A MONTH took no appeals to the Supreme Court of Florida from the death Bfentett'ces imposed, nor did' they talce any of the steps known to lawyers whatsoever, to prevent the sentences of death from be-, iiig swiftly carried out by the law enforcement officers of ifhe State of Filorida. Shtrtly after the Tral iJudge Broward County ran higli and 1 pronoimce sentences' of death there was talk of ni>b violence 1 upon them, they were carried to to be hard everywhere. J. 1'.' Kuiford, Florida some 350 miles W'illiamSf and old convict guard | away, to be electrocuted. Their from an adjoining county, a, mere Volunteer, hastily came, to the ■is^ihtance of Slieritf Clark and helped him round up the' aiispe^s .iiij his services were so effee- a^ioiding to Sheriff Clark, that t!ie Sheriff entrusted him with the duity pf fixing the responsi bility on somebody for the mur- dir. Two days later Williamson and Woodard were rushed to Mi»mi, Florida and dged on t!ie fifteen floor of the jail ,o prevent them fium -being lynch- ,• “From the time Darcey was ^ Jacksonville, Florida Bar, then murdered, all fforts were made ■ presented argumeiTt to the t) furco confesfeions from the I Florida Supreme Court .o recon- maiiy suspects in jail of t k. e sider its ruling and after con- crime. The met} were brutalized sideration that court reversed 111 Jail and tortured by this coit-| itself and the case went back for vict guard Williams, •* Sheriff | trial on May, 2, 1934, and agajn the Trial Judge and jury ^ up- htld the ill^al confe.ssions, but upon appeal to the Supreme Court of Florida, the trial urt was attain reversed. And so, upon three subsequent trials resultinj? in eonvicitionn, the Judgments of tl e trial court W'er^ reversed by the Supreme Court of Florida until finally, on March 3, 1933, the Supreme Cc urt of Florida up- hell,,the convictions and senten- ,-'(s of death. When the ca.se was tried .n Fibmary 1936, information was rife in and about Broward Coun ty, that up, n the return of the lefendants to Broward County for trial, they woidd be lynched* Supreine Court of the Stales on January 4, 1940, by . . . S, D. McGill .aad Leun A. Ran-cheers. *oiu. ♦ j The y. uthful students gave- The Court’s decision remands [he denionsitration when MiSs the case to the Florida supreme ’ l,„ellle BJuforcT; 2H^ar-6 I J court. Meantime the four Negro nuinaging editor of the- Kaunas yi uths continue to occupy ‘death ^ Cit^ Call, refused to reveal con row’-celld at the State MEMBERS OF THE -ILVEJt MOON CLUB spem a delightful At the end nl the Trial Judge ^ evening at the home of M-. . Ida The. acting attorneys; Charles H. Hou.-^ton, , xi, public . cordially and Sidney Kedmond,>th« latter attend a “jitterbug” of St. Loui.t, Mu. ^utng for a ^ fpnte«f given by thL« yliii^ a.. their aenti-1 reserved decision. Mm of Umstead .^t.-et, e^ro cUizeris *-“|.re*e«ed by NAACP ■ .'attorneys; Charles H. Hou.-^ton, _ ti - 4 ■ ' heads were shaved arifl their and their bodies otherwise prepared for th tleeath chamber when public spirited citizens of Duval t’ounty, Florida, composed of the Ministerial Alliance and the local branch of the NAACP em- pi( yed lawyers of the condemned men’s ywn race, who took legal steps to prevent their electrocu tion, then set for August 4th 1033. The Florida Supreme Court on Decembr l9, 1933, affirmed the julgemenits and sentences of death: S.. D, "McGiil of the farm at Raiford near Fort neii-elf am^ her counsel, Charles Lauderdale, where they have ’ jf. Houston, !n connection with [again on September 14, 19J9, s[,ent almost their entire time' hir filing for entrance to tjie *he has been denied admission hince 1933. '1 L'liiversity of .Missouri School of, , the school solely on the Jiiurnnlisin, William S. Hog.sett, | ts^ound that s^e is a Negro, attorney for S. W,. Canada, re writ of inai'damur, to. Compel | 2., *t tfi, Durham Chauf- *he Lniversiiy of Mi.^ouri to faet'a Club ror.m. There wi.l b« Bxhmt trer fnr ffradwte wort in J a adfcissioTT. A prtw will It,*; school of ioi(rnali&m. S h e Kg given to the beat jitterbug. contends that twice, once when] i . - she appeared on the campus of the schcul January 30, 1939 and According to I.>iuiS F. Maire, assistant state attorney, no ac tion wilf be taken to determine whether the victims will be given She c ntends that the univer- gistrar of the University of I j to( admit her, is a .... barred^iss r.ght as a! . , ^ from the school of journa- ^ \ uiother trial or set free, uRtii . i , i cjUzen under the fourteenth liKin because of her color, had , * * /-• I , , , * amendment to the Constitution. * .sought to make the newspaper ri.L, rt • •* * i I .1 X . ^ University contends that • oditjri’ toll the contents of the . >1 HI- IJI # 1 1*1. “*'■ attn»n UJ not brought evidence letter. Mis,s Uluford said the the copy of the high court’s opinii n has been forwarded. "If there is enough leCt without thrr confession* lettMs w«re personal. wi'rrant it, there is a possibility o!’ a new trial,” he said. Joins Urban League The y. uMg cirllege giila, who' c.owdeil the courtroom during the two-day trial, occupying every available inch of fbior ‘ good faith, and that she shinild tirtlTg ^TTST! ugainst Lin- eolii University, Negro schoi 1 u: Jefferson City, M*,., to force school to set up a school of space in tlie fn iit and back of i journalism. Chapel Hill OREENVILLE, S. C., (ANP) The Negro divisirn of the Green ville County council, an organic part of tht Greenville County council, both of which are fin anced through a five year ex perimental-, subsidy by the Gen^^j,ten siek for sirtne time, efel Education board, recently fmnnal service \vas conducted bucamt affiliated with the Na- at O’Hryant » Chapel, Friday at tio.'ial Urban league through an 2 o’cl.tck \vit^ the pastor, Rev. arrangement worked out Jesse pietcher in "ciTarge. (1. Thomas, southern field direc- MISS M. J. i?CA1?LETT head BY FRED HAWKINS MRS. ELEASE WINSTON is very .sick at her home on Lind say Street. MRS. LIZA JONES died early Wednesday morning at her', home (n McDae Street where she has The to-. S. me Ig of the most promin* ent white and colored people comprise the members of the bn;;rd of rontrcl of the newly created (ir,s>anization. In ■s-the opinion of juany of the “old timers” this marks a new day in late relations in that section of the Palmolte state, and is first branch ever established in either ('.'•rolina. Your Whole Family Insured Against Hospital Expense Adults'75c Each'’ Children 25c Each Per Month JOINING FEE—$2.00 PER POLICY THINKl An average bf ONE person per family is hospitalized each year; ONE J person out of four need Jiospitalization each year; every four ticks of the clock someone enters one oP"‘he 7,500 hoapitais in this countfy. Be prepared to PAY CASH when you or any member of your family need htspilal services. The Family Group Hospital Policy provides this ready CASH WHEN YOU NEED IT MOST. Pramium* majr b« paid Monthly, Quartarlr, Annually or Half-Yearly HOSPITAL ROOM—Per Day (including Meals and General Nursing Care for one to thirty-one dayi'per policy for each Insured) $3:5U OPiERlATI-NG ROOM t * -10.00 ana'Ksthesia ! a.ou X-RAY PHOTOS—while IN HOSPITAL — 5.00 MBDiqAL-SlHRGiCAL DRESSINGS—IN Hospital only— 3.00 LABORATORY PEES—WHILE IN HOSPITAL S.Oo" AI^aUIiAfffCE—ONE WAY—EITHER TO or from Hospital 5.00 OBSTETRICS—LIMIT, 10 DAYS OR MAXIUM OF 45.00 $4.50 10.00 fi.oo 5.00 • 4.00 3^00 5.00 55.00 JOINING PEE—>2.00 PER POLICY—EITHER PLAN MONTHLY PREMIUM for each adult age 19 or over —' $ .75 fll.OO MONTHLY PREMIUM for each dependent Child under 19 .25 .35 $6.00 40.1m 7.00 10.00 5.00 5.00 5.00 65.00 $1.50 .50 Soutbern Fidelity Mutual Insuiaiice Co. KOME OFFICE —DURHA M, NORTH CAROLINA HEALTH, ACCIDENT AND HO5 PITALIZATION INSURANCE Coins In... ^ FOR A FRIENDLY TALK ABOUT Home Loans-^ / YOU WILL FIND OUR PLAN To BE JUST WHAT YOU WANT. We Pa> i And 5 Per Cent 0,a Savings Mutual Building And Loan Association ’ F. L. McCOY, CHAIRMAN OF BOARD C. C. SPAULDING, Pr««. R. L. McDOUGALD, Sec’y-Trea.. •114 W. Parriih Strut ^16 Fayattevijl. Street PHONE J-3921 PHONE F-5921 DURHAM, NORTH CAROLINA of Dramatic club sponsored a pr. .'^ram .Wednesday iiiorniii'-; and Friday, night at tlie Orange County Chapel for Negro Hi.*!- ti>ryt week. REV.-C. T. BOYD spoke to the Young People Sunday at the C!nii-eh of (I d. i MRS. KFPIE MERRITT is ill ai her hump on rJnireli Street. REV. DUNN', of P.uvidenee, Rhode Island .spoke at tlie Cl urch of Go'd la.st week. T II E DAUCHiTOnS OF ALiI.EN gave a pr.giaiu in hon or of Allen’s day last ^iunday at S' . Paul A ME Cluirth witii Mi.'^s Be.itiice Raile in charge. Biriliiiay MR. STANBACK GIVEN SURPRISE BIRTHDAY SUPPER Mrs. Flossie Stanback enter tained her husband, Mr. Stan back with a surprise birthday supper, which was highly enjoy ed "by, _ the followtug~”'^uest.'i, Mes.'=rs J. H. Hinton, Thomas Hayes ami friend, .\lex Barbee, Chai'les Bridges gud Ralph Hun ter, Paul Green, and Janies Hidl( way. Mr. and Mrs. William Al.ston, Mr, and Mrs. Manior Steward, Mr. and Mrs Sweetie Hunter, Mesdames Bozie Leak, Minnie Carton anil^Saliie Cole, .Mi.ss Estelle Cheek. i A delicious repast was served .‘onsisting of ice cream, cake, mints and hi nie-made candy. ' OXFORD FOR m HOTEL, MEAT, AND GROCERY BUSINESS FOR vSALE. Cen trally 1 cated on highway No. 1, and widely advertised. GOOD PA^iNG PROPOSITION Pl>R THE RIC.HT P.A.RTIES. Call tir write; CHARLES S. JAMES, Prop. ij.12 WINDER STREET HENDERSON. .N, C: BY CHARLES A. ALSTON The following citizens motor- cij to Durham to attend the re- ' ital yiven by Roland Hayes at the North Carolina' CoOege, ifibruary 14; Misses Nancy May- e;'. ' Lessie Anderson, Mr. and Ah'S. Mary Fiisy Gregory, and Jlr. ^and Mrs. Charles Alston. Wesley Harris has returneil to the city after being away on business. „ , Rev. Thorston bserved inter racial week at his church Saint J .HeJ)h A ME Zion Church. Dean Julies T. Taylor spoke to the students and friends of the Angier B, Duke Memorial school, February *14, during the observation of Negro History Week. YOl' ARE 11% VITED TO SEE THE WORLD PREMIERE L ALL-DURHAM MOVIE (all scenes filmed in Durham County) TOeilDCO hm ptEn m Behind-the-scenes movie of FRED WARING- and his Pennsylvanians BOTH PICTURES PRODUCED BY THE MARCH OF TIME A FI LL UOI’R*^ E.\TERTA13i>IEXT Ceur*«s)( of li9g.it 4 My«n Tobacco Ca. A4oit.n of CHESTERFIELD CIGARETTES 'at the REOAL nS.41WE CONTINUOUS PERFORAilANCE Mareh 1st and !tnd o*ly .Speed ‘‘too fast for condi I ions” is held accountable fiJr a l.»rge proportion of the higWWay | fatayties in rural areas. ADMISSION FREE : S: * MEMORY CAN'T SERVE YOl... ai well ad. tfouft DIRECTORY Look Up tho Number Before You CaH Calling telephone numboi- from memory often results in getting; wrong numbers. This IS anno>;iiig to both you and those you call by mistake. So be sure of the number before you dial it. Look it up in your telephone directory. It will save your time. You will avoid disturbing others nnduly, and you _\viU spare yourself the embarrassment of getting wrong numlJeva. Durham Telephone Co.
The Carolina Times (Durham, N.C.)
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Feb. 24, 1940, edition 1
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