Monday, February 9, 2009

A Negro’s victory



By Sunny Kulathakal

There was time when the blacks were not getting justice from the US courts. It was a time when they were not sure about an objective treatment under the American system of jurisprudence. There were enough evidences to prove that trials against Negroes in the American courts presided by white judges were highly prejudiced. But with the acquittal of Angelo Davis, a Negro extremist by a jury comprising totally of Whites, let us hope that the prolonged agonies suffered by the blacks in courts will come to an end.

The trial of Davis who was in jail for 16 months continued for 18 weeks. The California State spent a total of Rs 87 lakh for the trial. Fourteen renowned Soviet scientists had sent an appeal to President Nixon about the case which has attracted worldwide attention.

Similar appeals had also started pouring in from various countries and prominent personalities. A few month ago a white has commented about the case like this: “Ms Davis is being put under trial neither because she is a communist nor on account of her political beliefs. The charge against is her involvement in the serious crime of murdering four persons including a judge”

Life and death issue

About this one Negro leader, Dr Wilmore (member of the Martin Luther King Memorial Trust) who visited Bangalore had told me “As far as Negroes are concerned it is not just and issue relating to our pride. This is also a life and death issue for us. A number of Negroes have been inescapably dragged into legal wrangles. This should not recur. We shall fight till the last for the same”.

Let us look into the back ground of the Angelo Davis incident which had been presented diametrically different by the whites and blacks. Ms Davis who had been charged with conspiracy, kidnapping and murder was put into jail just on the basis of circumstantial evidence. A white Jail guard was murdered by a gang of three Negroes who were later known as “Soldad Brothers”. They might have got this nickname because the three-George Jackson, John Clutchet and Flitadomingo- committed the crime at the Soldad. There was another incident that made them to commit the crime. A white guard had killed three negro inmates of that jail where both Negroes and Whites were accommodated together. The very next day of the guard was pronounced not guilty by the court, he was murdered by someone. The Soldad brothers were arrested for the same. In the attempt to rescue them a few including a judge were killed. The prosecution contention was that the gun used for the crime did belong to Ms Davis.

I am narrating the incident here on the basis of the details provided to me by Wilmore who had led many a Negro agitation and the article written by Criminology Professor of California University Jerome Scolnic in “New Scoety” Magazine.

It was in August 1970, the incident took place. Time: 10’o clock. In a California court, Sanquintine is cross examining prisoner James McClain. In the witness’ stand is ruchel Maggie. She is being cross examined by Assistant District Attorney. The negro youth who suddenly appeared with a gun releases McClain, Maggie and another prisoner named William Christmas. The released prisoners lead the three women members of the jury and the attorney judge at gun point. As they were trying to take them out in a vehicle two cars comes from the opposite direction and gunshots follow. A pandemonium erupts amidst sound of gun shots and wailings. Once the situation calmed down, four were dead. Others had injuries. The deceased were Maclain, Christmas, Jackson and the judge.

It was in connection with this case Ms Davis was arrested. It was her going into hiding after the incident was the main reason that prompted the police to arrest her. Within hours after the incident she fled from San Francisco to Chicago.

Another factor which implicated here in the case was that the four guns used in the crime were bought by her. The third was the fact that she was a communist and extremist. It was even said that she had excitingly argued in favour of the release of Soldad Brothers.

The prosecution argument was she can be put into trial for murder charges inviting capital punishment on account of the above mentioned circumstantial evidences. But the court did not find these arguments and evidences valid before the law. This was what led to her acquittal.

Misconceptions change

There were genuine doubts as to whether she would get justice from a jury comprising entirely of whites because she was accused in a crime that culminated in the murder of even a judge and she being an extremist. Once the judgment came out the conception of the Negroes changed. Several whites had written many a letter and article condemning the decision of the jury. Whatever it is the case of Angel Davis which created havoc by all counts will remain as historic one in the annals of American jurisprudence.



There was time when the blacks were not getting justice from the US courts. It was a time when they were not sure about an objective treatment under the American system of jurisprudence. There were enough evidences to prove that trials against Negroes in the American courts presided by white judges were highly prejudiced. But with the acquittal of Angelo Davis, a Negro extremist by a jury comprising totally of Whites, let us hope that the prolonged agonies suffered by the blacks in courts will come to an end.

The trial of Davis who was in jail for 16 months continued for 18 weeks. The California State spent a total of Rs 87 lakh for the trial. Fourteen renowned Soviet scientists had sent an appeal to President Nixon about the case which has attracted worldwide attention.

Similar appeals had also started pouring in from various countries and prominent personalities. A few month ago a white has commented about the case like this: “Ms Davis is being put under trial neither because she is a communist nor on account of her political beliefs. The charge against is her involvement in the serious crime of murdering four persons including a judge”

Life and death issue

About this one Negro leader, Dr Wilmore (member of the Martin Luther King Memorial Trust) who visited Bangalore had told me “As far as Negroes are concerned it is not just and issue relating to our pride. This is also a life and death issue for us. A number of Negroes have been inescapably dragged into legal wrangles. This should not recur. We shall fight till the last for the same”.

Let us look into the back ground of the Angelo Davis incident which had been presented diametrically different by the whites and blacks. Ms Davis who had been charged with conspiracy, kidnapping and murder was put into jail just on the basis of circumstantial evidence. A white Jail guard was murdered by a gang of three Negroes who were later known as “Soldad Brothers”. They might have got this nickname because the three-George Jackson, John Clutchet and Flitadomingo- committed the crime at the Soldad. There was another incident that made them to commit the crime. A white guard had killed three negro inmates of that jail where both Negroes and Whites were accommodated together. The very next day of the guard was pronounced not guilty by the court, he was murdered by someone. The Soldad brothers were arrested for the same. In the attempt to rescue them a few including a judge were killed. The prosecution contention was that the gun used for the crime did belong to Ms Davis.

I am narrating the incident here on the basis of the details provided to me by Wilmore who had led many a Negro agitation and the article written by Criminology Professor of California University Jerome Scolnic in “New Scoety” Magazine.

It was in August 1970, the incident took place. Time: 10’o clock. In a California court, Sanquintine is cross examining prisoner James McClain. In the witness’ stand is ruchel Maggie. She is being cross examined by Assistant District Attorney. The negro youth who suddenly appeared with a gun releases McClain, Maggie and another prisoner named William Christmas. The released prisoners lead the three women members of the jury and the attorney judge at gun point. As they were trying to take them out in a vehicle two cars comes from the opposite direction and gunshots follow. A pandemonium erupts amidst sound of gun shots and wailings. Once the situation calmed down, four were dead. Others had injuries. The deceased were Maclain, Christmas, Jackson and the judge.

It was in connection with this case Ms Davis was arrested. It was her going into hiding after the incident was the main reason that prompted the police to arrest her. Within hours after the incident she fled from San Francisco to Chicago.

Another factor which implicated here in the case was that the four guns used in the crime were bought by her. The third was the fact that she was a communist and extremist. It was even said that she had excitingly argued in favour of the release of Soldad Brothers.

The prosecution argument was she can be put into trial for murder charges inviting capital punishment on account of the above mentioned circumstantial evidences. But the court did not find these arguments and evidences valid before the law. This was what led to her acquittal.

Misconceptions change

There were genuine doubts as to whether she would get justice from a jury comprising entirely of whites because she was accused in a crime that culminated in the murder of even a judge and she being an extremist. Once the judgment came out the conception of the Negroes changed. Several whites had written many a letter and article condemning the decision of the jury. Whatever it is the case of Angel Davis which created havoc by all counts will remain as historic one in the annals of American jurisprudence.

1 comment:

  1. Sunny,

    It is highly offensive & derogatory to use the word 'negro'.

    Please do not use that word. 'african american' is the correct term. 'black' is also okay, but it is a bit casual.

    ReplyDelete