First Wair Dead
Kluxer
Hearings End In Law Schools Case
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peri 0(^1 cel Dept
Duke UniT Library
BPi5Ep;^
9 EJntered u Sucond C1m« Matter at the Po«t Office at Darham, North Carolina, under Act of Ifareh 3, 1878.
FOR 28 YEARS THE OUTSTANDING NEGRO WEEKLY OF THE CAROLINAS
VOLUME 28—NUMBER 35
DURHAM, N. C., SATURDAY, SEPT. 2nd, 1950
PRICE: TEH CENTS
Man Shot Wearing Police
Garb As KKK iVlarclies
Durham citizens joined tne
Durham Press Club in honoring
Attorneys M. Hugh Thompson
and J. H. Wheeler at the Press
Club’s first annual “Page One
Awards” program held Mon
day night at the local W. D.
Hill Community Center.
Attys. Thompson and Wheel
er, counsels in tuie recently con
cluded local school discrimina
tion case, were presented with
twin gold plaques and a citation
which praised • the men for
“meritorious community ser
vice.”
Winifred Martin, one the
plaintiffs in the case, and also
son of CIVIC leader D. B. Mar
tin, is shown above reading the
citation to the two Attorneys,
Wheeler at left and Thompson
right.
In the background is shown a
portion of the crowd which
came to applaud the attorneys
for their unselfish community
service.
Dedicate New Church
mm
................
iOibc .V-
Shown in the above photo are officers and a the morning service at which Rev. W. E. Wim-
group of members of the Pleasant Grove Bap- berly, retired minister of Tarboro, delivered the
tist Church of Wendell standing on the steps principal message.
of the new church building which was dedicated Pleasant Grove’s pastor, Rev. George S. Stokes
last Sunday. The photo was taken directly after is shown fifth from left in the front row.
Wendell Church h New Plant
Wendell — I'oriimi dedien
tioii services for the new Plea
sant Grove Clmrch building
vvefe’ 1»eld here last Sunday.
Guest speaker for the morn
ing services deditf.'iting the open
ing of the new .'ti25,000 church
building wus Rev. W. E. Wim
berly, retired minister of Tar
boro.
Rt‘v. C. 11. lli'iith, pastor of
New Bethel, Mt. Pleasant, Four
Oaks and the Good Samaritan
Churches, delivi*red the message
at the afternoon sen-ice.
J. C. Cobb, principal of the
Wendell high school, spoke
briefly during tiie morning ser
vice, and C. W. Hinton, con
tractor for the new building,
spoke during the afternoon ser
vice.
Special music for the mom-
i|ng service was rendered by
the massed junior and senior
choirs of Pleasant Grove. Choirs
from New Bethel, Ijee’s Cross-
Baptist Churclios render music
road.s, Riley Hill and Wendell
at the afternoon service.
Speaking on thei subject:
“My House Shall Be Called
fPhe House Of Prayer,” Itev.
Wimberely expressed admira
tion for the progress which the
church had made, and urged
the members to continue to sup
port their pastor.
Rev. Wimberely asserted that
the church must grow by the
Holy Qffost, and reminded the
church to always put Jesus first.
Rev. Wimberely was in
troduced by Pleasant Grove’s
pastor, l?«v. George S. Stokes,
who has pastored at Pleasant
Grove for three years. Rt*v.
Stokes, entered the ministry in
1930, has pastored at the First
Baptist Church at Bailey, Mt.
^tinai »it Murfreesboro, the
First Baptist Church at Sea
board and he presently serves
at the Riley Hill Baptist church
of this city; Friendship Chapel,
Wake Forest; and the Fiist
Baptist Church, Gamer.
iRev. Stokes succeeded Rev.
H. D. Eaton at Pleasant Grove.
Rev. Eaton held the pastorate
for ten years.
The historj" of Pleasant
Grove, w'hich now has a mem
bership of approximately 500,
dates back to the ante-bellum
period when slaves held a secret
prayer meetings. After the
Emancipation, a former slave
owner gave this prayer band a
small plot of land of which was
built a combination church-
school building.
A new church building was
erected w'hich served as Plea
sant Grove Baptist Church un
til 40 years ago when it was
razed by fire. Tl>en a wooden
frame building, which until
three weeks ago was the present
Pleasant Grove Church build-
ingj was erepted.
The church has had six pas
tors in its almost 80 years of
existence. Rev. Andrew Pierce
was the first pastor. In order
after Rev. Pierce were Revs.
Blake, A. T. Price, Henry Hos
kins and H. D. Eaton.
Today Pleasant Grove boasts
of nine auxiliaries including
eight departments into which
the church is divided. Morris
Smith serves as chairman of
the Deacon Board, while B. J.
Bullock chairmans the Trustee
Board.
Deacons board members are:
B. J. Bullock, Rody Perry,
Thomas Harris, J. E. Perry,
Jake Harris, David Strickland,
(Please turn to Page Eight)
Conway, H. C. — A Ku Klux
Klan member who was also a
member of th|s city’s police
force was shot and killed last
Saturday night when the hood
ed riders of the night marched
on the Negro community near
the resorts of Atlatnic and
.Myrtle Beach.
Conway police officer John D
Johnston was Villed when a
pitched battle, described by
Tnited Press reports as being
“300 shot gun battle,” erupted
between about 25 car loads of
Klansm^n staged a parade on
the Negi’o re.sort area referred
to as “Nigger Hill” by sonn*
and “Happy Hill” by others.
Charlie Fitzgerald owner of
the Nef?ro night club, w’ho when
the Klan paraded earlier in the
night, around 8 o’clock warned
law enforcement officers and the
Klan that violence might break
undisclosed jail for safety on
out if the Klan marched on the
area again, is being held at an
an open charge.
Conflicting reports as to the
dead man *18 8t)atua also were
circluated thronghoilt the in
vestigation of the affair. John
ston was recently elected mag
istrate, and was to have taken
office next March.
Immediately after the fatal
shooting of Johnson, one South
Carolina patrolman, who re
mained unidentified, said that
Johnson was slain “in a bout
with robed and masked men.”
Although town officials refused
to comment on Johnson’s af
filiations with the Klan, he was
wearing a white robe over hi^
police uniform when he as shot
to death. Mayor A. C. Thomp
son Avould not discuss the situa
tion and Police Chief H. D.
Baker said that he was unaware
that Johnston was a member of
the Klan.
Coroner John S. Dix said
that Johnston died from a .38
calibre pistol bullet which en
tered the left shoulder and pass
ed out of the bdoj’ through the
body through the right collar
bone. Typical of the confusing
reports coming out of the in
vestigation of the affair was
the one stating that Fitzgerald
had been wounded in the foot
in the gun battle and another
(Please turn to Page Eight)
Hearing Set
For “Seven”
Richmond, Va. — September
5 was the date set for arguments
on a petition for writs of habeas
corpus for the “Martinsville
Seven” to be heard by Judge
Ray M. Doubles in Hastings
Court, Part two.
The seven men were saved
from death a few weeks ago by
Attorney Martin A. Martin of
this city who filed petitions for
writs of habeas corpus a few
scant hours before four of the
men were scheduled to be ex
ecuted.
The men have been convicted
and sentenced to die for the
rape of Mrs. Ruby Stroud
Floyd, 32 year-old wife of a
white Martinsville merchant.
Four stays of execution have
been granted the men since
their sentence.
The men were scheduled to
die in the electric chair July 28
and the other three were to
have been eletrocnted August 1,
but stays of execution were
automfitic when the NAACP
lawye^rs filed petitions for writ
of habeas corpus.
Principals in the history-mak
ing suit brought by a group of
North Cafolina College Law
school students seeking adihis-
sion to the University of North
Carolina are shown in the above
photos. Judge Johnson J Hayes
presided over hearings of the
suit this week in Federal Dis
trict Court. At top legal brains
handling the defense for the
State are shown in conference.
Left to right they are former
U. S. Senator William B. Um-
stead, State Attorney General!
H. T. McMullan, L. P. McLen
don, Harold Moody, W. F.
Brinkley, and J. C. B. Ehring-
haus.
Shown in the center photo
are two of the plaintiffs’ coun
sels talking with State Attorney
General McMullan. At left is
Robert Carter, Attorney of New
York and center is Attoitney C.
0. Pearson.
In the bottom photo the twu
deans of the Law schools in
question and North Carolina
College’s president are shown
looking over data presented in
the case. Left to right are
University of North Carolina’s
Law School dean H. F. Brand
is, who testified during Mon
day’s hearing; North Carolina
College’s President Alfonso
Elder, who took the stand dur
ing Wednesday afternoon’s ses
sion; and North Carolina Col
lege’s Law school dean Albert
A. Turner, who also testified
during Monday’s hearings.
Lt. Joyner Is Durham’s
First Killed In Action
The Korean war, heretofore,
something more or loss a topic j
ofr conversation for folks to |
read about and discuss, struck
closer here when news ^^■as re
ceived last week from the De
fense department that First
Lieutenant Theoilore R. Joyner,
21 year-old lad of 806 1-2 Glen
dale Avenue died Aug. 20 from
wounds received in battle a-
round Taegu. I
Young Joj^ner is the first.
Durham native to be reported
killed in action, althou;jflit sev
eral men in this area have been
listed as missing or wounded.
The young officers enlisted in
the Army in 1947 upon grad
uation from Ilillside^ygh school
where lie left ail'''" enviable
scholastic record. He had been
with the United Nations forces
in Korea one month before his
death. Young Joyner -was as-
.signed to the crack 24th Infan
try Division which was report
ed engaged in bitter fighting a-
round Teagu.
Lt. Joyner, well-liked among
local cirales, is survived by his
parents, five slaters, one bro
ther, one nephew and a niece.
Citizens Honor Lawyers
In Equal Schools Case
Epps, Glass
Out; Both
Sides Finish
BY L. E. AUSTIN
' 'h -.tii-r h‘ ' lf*tf-l
in rid in ‘ •• ,|',r him.
.V'torTi**'' 'iHn-*:. ' Harrv
Mulldii of .'■■rf; 'ari”Uia
n ■ ... f;
\v ■►■k ! : ■ ■ : ■
tihfinll rtLMiir,: * il: . ,t”
ilfijt" ,1 - i. ISHllitl • , th'*
I ni''M'-ir. i/f N-ir^h aroiina
I,a\T : ;t' ( ,1.: ff ;|.
Th*' i-H-/• .. - apil h#-
fon Jiidi'f .lulln->ori ■! Ha>>*'i
in .Mi ldN- ('uiirt. Ar-
rayi'd on th-^ -.ide ..f the Hfati-
is Attorncy-i Harry Mc-
Mullmi, .Vrtuni' V L. P. Mc-
I I.end'in. Wiilian'. B I'mstead,
IlarMd .M..o.]y and J. B. Er-
I rinu-liaiis. Jr.
k. pn s»-nrini; thf plantitfs an;
TliurL'uud Marshall, Robert A.
(,'arti'r. York': Spottswo«i
Hi.-lni 'tid and •' ,*.
^; i -Dii, iJur!; ‘
A'l air;; .■xp*:‘rt witnevii'.-t
V. r«' pivvine.i .\|"nday, Tm-s-
day .ind Wiiin-'-lny by both
tile plaintir't's an.l li-tV-n>e. \-
iu'in'_' thos.' app.-ariiiir for the
plainti.ih were I>r. Jam.'s
; Nabritt. -Sei rftary ajid Profes
sor of Law at Howard I'niver
>ity in Washinkrton, D. C.; Dr
Milcolm Pirtiaan Sharp, well-
kiiown t'eouoiui'it and Prufe;wM)r
Chieaifo and [)r. Erwin N.
of Law at th«* I'niveniity of
Griswood, Dean of the Harvard
Iwiw .S-hi'ol. All rhrHi-* testitied
that the law M.-hwl at the Uni
versity of North l.'aroiin^ was
far superior to the law/school
at North Carolina Toll^ge.
Appi'ariui.' for the State was
Dr. John r. llemvy, advi.sor to
the Council on Legal Education
of the American Bar Associa
tion. Dr. Hervey stated that th-e
law schools were ‘‘substantially
equal.” He further stated that
in some instance he found the
law school at North Carolina
College “'superior ' to that at
the University of North Caro
lina.
President Elder Testifies
Probably the most pathetic
figure to appear as a witness
during the entire trial was
President Alfonso Elder of
North Carolina' College. Ap
parently attempting to make se-
, cure his job as president of N.
; C. College, President Elder, in
answering questions directed at
him by counsel for the plaintiff':,
indulged in long extraneous
diatribes in which he neither
lied nor told the truth about
the North Carolina College Law
School. President Elder ap
peared to be a fit subject for -J.
Saunders Redding’s recent book
“Stranger And Alone.”
Claims 100,000 N. C. C. Alumni
When questioned by Attorney
Marshall as to the number of
alumni of N. C. College that
might >be scatttered over tlifl
coiuitry, President Elder re
plied that there were about 100,-
000. When it was suggested
by Attorney Marshall that the
(Please turn to Page Eight)
lA capacitj' audience of ap
preciative Durhamites enthusi-
a^ically applauded Attorneys
John H. Wheeler and M. Hugh
Thompson here at the W. D.
Hill Recreation Centqr^ Mon
day night as; they received the
Durham Press Club’s first an
nual “Page One Awards.”
The local lawyers, who were
plaintiffs attorneys in the Dur
ham School Equality suit, were
awarded citations and gold pla
ques “for meritorious commun
ity service.”
Winifred Martin, young son
of Dan Martin, Avell-known lo
cal political and business figure
read the citations and L. E.
Austin, president of the Press
club, awarded the plaques.
Among the highlights of the
night’s program was the reco
gnition of Fred Pratt, local
labor leader, who contributed a
week’s salary to the campaign.
Speeches by the honoreea and
by the father of Mr. Wheleer
followed.
N. B. White, Service Print
ing Company executive and a
key figure in the planning and
Mrs. W^heeler, were also given
special recognition.
In setting tlie stage for the
presgitations. Press Club Sec
retary Charles A. Ray, who
presided, pointed out the his
toric implications of the initial
awards program. “At the mid
dle of the 20th century we of
present day Durham pay hum
ble tribute to our heritage from
our famed predecessors m this
community. Our tribute, how
ever, in deference to .the vision
of those whom we follow, makes
it imperative that we interpret
intelligently and on a commun
ity-wide basis the aspirations of
our people now—all of our peo
ple. ”-
“Tonight,” Ray went on to
say, “we honor two men who
in the past year have done most
to- symbolize ^ the aspirations
of those of us here and of the
aspirations for equality of op
portunity for our children of
tomorrow.”
Invocation for the ceremony
was given by the Rev. D. A.
Tohnston, pastor of the Saint
Joseph A. M. E. ,Church. Bene
diction was pronounced by the
Rev. Harold Roland, Pastor
of the Mount Gilead Baptbt
Church. Refreshments tallowed
the ser\’ices in the foyer of
Recreation Center. Hostesses
were Mrs. L. E. Austin, >Irs. C.
R. Stanback and Mrs. A. M.
Rivera, Jr.
Thompson and Wheeler in
aoceptance speeches praised the
cooperative spirit of Durham’s
citizenry. As the local lawyer
who initiated -movement for
equal salaries for Negro teach
ers, Thompson pledged himself
(Please turn to Pag«j Eight)
Ushers Keep
Most Of
Old Officers
Fayetteville — The 26th an
nual meeting of th** Interde
nominational Ushers Associa
tion closed here Sunday after
noon with the annual sermon
b*^4ng preached theRieVv
Marvin L. Williams pastor of
Mount Sinai Bai>tist Church of
Fayetteville.
According to reports from
heads of all departments, this
year’s annual meeting was tb»
largest and most successful in
the historj' of the Association.
Check Presented Orplunaere
Following the sermon Sod-
day morning the Association
presented a check to the Oxfoni
Colored Orphanage for $1,32S.-
82, and awarded a total of l»i
scholarships to worthy stud«nts.
All of the sessions were pre
sided over by President L. E.
Austin of E)urham and Vice
President C. A. Langston of
Raleigh with the exception of
(Please turn to Pa^ Blight)