{"response":{"docs":[{"id":"aru_unequal_1670","title":"Scipio Jones' Brief to the Supreme Court Regarding the Elaine Twelve","collection_id":"aru_unequal","collection_title":"Land of (Unequal) Opportunity: Documenting the Civil Rights Struggle in Arkansas","dcterms_contributor":null,"dcterms_spatial":["United States, Arkansas, 34.75037, -92.50044"],"dcterms_creator":null,"dc_date":["1921"],"dcterms_description":["Scipio Jones, a prominent African-American attorney from Little Rock, represented the twelve men convicted for their supposed involvment in the Elaine Race Massacre in 1919. Jones wrote this brief, entitled \"Arkansas Peons\" and published in the NAACP's magazine The Crisis in anticipation of the U.S. Supreme Court's review of the case.","Elaine Race Massacre -- Elaine Race Riot -- Elaine Twelve -- Elaine -- Phillips","morning of October 1, Mr. O. S. Bratton, son and agent of Attorney U. S. Bratton, arrived in Elaine for consultation with those who might desire to employ his father, was arrested, hardly escaped being mobbed, notwithstanding it was well known that he was there only for the purpose of advising with those Negroes as to their rights, and getting from them such facts as would enable his father intelligently to prepare for their legal rights; that he was carried thence to the County jail, thrown into it an kept closely confined on a charge of murder until the 31st day of the same month, when he was indicted on a charge of barratry, without any evidence to sustain the charge; that on that day he was told by officials that he would be discharged, but not to go on the public streets anywhere, to keep the matter a secret, to leave secretly in a closed automobile and to go to West Helena, four miles away, and there take the train, so as to avoid being mobbed; that he was told he would be mobbed, or would be in great danger of being mobbed if his release became known publicly before he was out of reach; that the Judge of the Circuit Court, the Judge of the same court before whom petitioners were tried, facilitated the secret departure and himself went to West Helena and there remained until he had seen said Bratton safely on the train and the train departed. Petitioners further say that the Circuit Court of Phillips County convened on October 27, 1919; that a grand jury was organized composed wholly of white men, one of whom, W.W. Keese, was a member of the said Committee of Seven, and many of whom were in the posse organized to fight the Negroes; that during its sessions, petitioners and many others of the prisoners were frequently carried before it in an effort to extract from them false incriminating admissions and to testify against each other, and that both before and after, they were frequently whipped, beaten and tortured; that those in charge of them had some way of learning when the evidence was unsatisfactory to the grand jury, and this was always followed by beating and whipping; that by these methods, some of the Negro prisoners were forced to testify against others, two against your petitioners, though no one could truthfully testify against them; that on October 29,1919, a joint indictment was returned against petitioners accusing them of the murder of said Clinton Lee, a man petitioners did not know and had never, to their knowledge, even seen; that thereafter on the 3rd day of November, 1919, petitioners were taken into the court room before the judge told of the charge, and were informed that a certain lawyer was appointed to defend them; that they were given no opportunity to employ an attorney of their own choice; that the appointed attorney did not consult with them, took no steps to prepare for their defense, asked nothing about their witnesses, though there were many who knew that petitioners had nothing to do with the killing of said Lee; that they were immediately placed on joint trail before an exclusively white jury and the trial closed so far as the evidence was concerned with the State’s witnesses alone; that after the court’s instructions, the jury retired just long enough to write a verdict of guilty of murder in the first degree, as charged, and returned with it into court—not being out exceeding two or three minutes, and they were promptly sentenced to death by electrocution on December 27, 1919. Petitioners further say that during the course of said trial, which lasted less than an hour, that only two witnesses testified to anything to connect them in any way with the killing of said Clinton Lee; that said witnesses were Walter Ward and John Jefferson, both of whom are Negroes and were under indictment at the same time for the killing of said Lee; that they were compelled to testify against them by the same methods and means hereinbefore described; that their testimony was wholly false and that they gave such testimony through fear of torture and were further told that if they refused to testify they would be killed, but that if they did so testify, and would plead guilty their punishment would be light; that they thereafter pleaded guilty to murder in the second degree and were sentenced to terms of imprisonment; that they attach hereto the affidavits of each of said witnesses showing the falsity of their testimony and the means of its acquisition. Petitioners further say that large crowds of white people bent on petitioners’ condemnation and death thronged the courthouse and grounds and streets of Helena all during the trial of petitioners and the other Negro defendants; that on account of the great publicity given theirs and the other cases, on account of"],"dc_format":["application/pdf"],"dcterms_identifier":null,"dcterms_language":null,"dcterms_publisher":["Fayetteville, Ark. : University of Arkansas Libraries"],"dc_relation":null,"dc_right":["http://rightsstatements.org/vocab/InC/1.0/"],"dcterms_is_part_of":null,"dcterms_subject":["African Americans--Arkansas","Civil rights--Arkansas","Race discrimination--Arkansas","Segregation--Arkansas"],"dcterms_title":["Scipio Jones' Brief to the Supreme Court Regarding the Elaine Twelve"],"dcterms_type":["Text"],"dcterms_provenance":["University of Arkansas, Fayetteville. Libraries"],"edm_is_shown_by":null,"edm_is_shown_at":["http://digitalcollections.uark.edu/cdm/ref/collection/Civilrights/id/1670"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":["Please contact Special Collections for information on copyright."],"dcterms_medium":["documents (object genre)"],"dcterms_extent":null,"dlg_subject_personal":["Jones, Scipio Africanus, 1863-1943"],"dcterms_subject_fast":null,"fulltext":null},{"id":"aru_unequal_1672","title":"Scipio Jones' Brief to the Supreme Court Regarding the Elaine Twelve","collection_id":"aru_unequal","collection_title":"Land of (Unequal) Opportunity: Documenting the Civil Rights Struggle in Arkansas","dcterms_contributor":null,"dcterms_spatial":["United States, Arkansas, 34.75037, -92.50044"],"dcterms_creator":null,"dc_date":["1921"],"dcterms_description":["Scipio Jones, a prominent African-American attorney from Little Rock, represented the twelve men convicted for their supposed involvment in the Elaine Race Massacre in 1919. Jones wrote this brief, entitled \"Arkansas Peons\" and published in the NAACP's magazine The Crisis in anticipation of the U.S. Supreme Court's review of the case.","Elaine Race Massacre -- Elaine Race Riot -- Elaine Twelve -- Elaine -- Phillips","been done in discrimination against the Negro race, on account of their color; that such has been the unbroken practice in Phillips County for more than thirty years, not withstanding the Negro population in said county exceeds the white population by more than five to one, and that a large proportion of them are electors and possess the legal, moral and intellectual qualifications required or necessary for such jurors; that the exclusion of said Negroes from the juries was, at all times, intentional and because of their color, of their being Negroes; that such was the case on the grand jury by which petitioners were indicted, and of the petit jury that pronounced them guilty; that under the law of Arkansas, as construed by the Supreme Court of the State, an objection to an indictment on the ground that it was found by a grand jury composed only of white men to the exclusion of Negroes on account of their color, must be made at the impaneling of the grand jury and objection to the petit jury must be made at the impanelling [sic] of the grand jury and objection to the petit jury must be made before a plea is entered to the indictment; that at the time said indictment was found petitioners were confined in jail and did not know the grand jury had been organized, did not know it was in session, did not know they were to be indicted for the killing of said Lee or any other person and did not know they were charged therewith; that it was impossible for them to make any objection to the organization of said grand jury for the very simple reason that they were closely confined, had no attorney, and no opportunity to employ an attorney; that at their trial, counsel appointed to defend them made no objection to the petit jury or to any previous proceeding; that their failure to do so was through fear of the mob for petitioners and himself, as they believe. Petitioners further say that after their conviction and sentence to death, their friends employed other counsel to represent them; that through such counsel they filed a motion for a new trail, which was promptly overruled and an appeal was taken to the Supreme Court of Arkansas, the highest court in said State, where, on the 29th day of March, 1920, the judgment of the Phillips Circuit Court was affirmed; that thereafter they applied to the Supreme Court of the United States for a writ of certiorari to the Supreme Court of Arkansas, praying that said court be required to send up the record and proceeding in said cause for review by the Supreme Court of the United States, but that on the 11th day of October, 1920, the application for said writ was denied; that the Governor of the State of Arkansas did on the --- day of August, 1921, issue a proclamation carrying into effect the judgment and sentence of the Phillips Circuit Court against petitioners and in which he fixed Sept. 23, 1921, as the date of their execution. Petitioners further say that on the 19th day of October, 1920, the Richard L. Kitchens Post of the American Legion of Helena, Arkansas, an organization composed of approximately three hundred white ex-service men living in every part of Phillips County, passed a resolution calling on the Governor of the State of Arkansas, for the execution by death of petitioners and the seven other Negroes condemned to death by said Circuit Court at the same time and under the same circumstances as petitioners, and protesting against the commutation of the death sentence of any of said Negroes, which said Resolution was presented to the then Governor of Arkansas; that at a meeting of the Rotary Club of Helena, Arkansas, attended by seventy-five members, representing as many leading industrial and commercial enterprises of said city, and of the Lions Club of said city, attended by sixty-five members, representing as many of the same kind of enterprises of said city each adopted a resolution approving the action of the Richard L. Kitchens Post of the American Legion in the premises, which said resolutions were presented to the then Governor of the State of Arkansas; that said resolutions further and conclusively show the existence of the mob spirit prevalent among all the white people of Phillips County at the time petitioners and the other defendants were put through the form of trials and show that the only reason the mob stayed its hand, the only reason they were not lynched was that the leading citizens of the community made a solemn promise to the mob that they should be executed in the form of law. Petitioners further say that to further show the overwhelming existence of the mob spirit and mob domination of their and other trials of Negro defendants at the October term, 1919, of the Phillips Circuit Court, there were six defendants convicted of murder in the first degree, to wit: John Martin, Alf Banks, Will Wordlow, Albert Giles, Joe Fox and Ed. Ware, whose cases were also appealed to the Supreme Court of Arkansas which were reversed on account of bad verdicts, due to the extreme haste in securing convictions and executions"],"dc_format":["application/pdf"],"dcterms_identifier":null,"dcterms_language":null,"dcterms_publisher":["Fayetteville, Ark. : University of Arkansas Libraries"],"dc_relation":null,"dc_right":["http://rightsstatements.org/vocab/InC/1.0/"],"dcterms_is_part_of":null,"dcterms_subject":["African Americans--Arkansas","Civil rights--Arkansas","Race discrimination--Arkansas","Segregation--Arkansas"],"dcterms_title":["Scipio Jones' Brief to the Supreme Court Regarding the Elaine Twelve"],"dcterms_type":["Text"],"dcterms_provenance":["University of Arkansas, Fayetteville. Libraries"],"edm_is_shown_by":null,"edm_is_shown_at":["http://digitalcollections.uark.edu/cdm/ref/collection/Civilrights/id/1672"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":["Please contact Special Collections for information on copyright."],"dcterms_medium":["resolutions (administrative records)"],"dcterms_extent":null,"dlg_subject_personal":["Jones, Scipio Africanus, 1863-1943"],"dcterms_subject_fast":null,"fulltext":null},{"id":"aru_unequal_1673","title":"Scipio Jones' Brief to the Supreme Court Regarding the Elaine Twelve","collection_id":"aru_unequal","collection_title":"Land of (Unequal) Opportunity: Documenting the Civil Rights Struggle in Arkansas","dcterms_contributor":null,"dcterms_spatial":["United States, Arkansas, 34.75037, -92.50044"],"dcterms_creator":null,"dc_date":["1921"],"dcterms_description":["Scipio Jones, a prominent African-American attorney from Little Rock, represented the twelve men convicted for their supposed involvment in the Elaine Race Massacre in 1919. Jones wrote this brief, entitled \"Arkansas Peons\" and published in the NAACP's magazine The Crisis in anticipation of the U.S. Supreme Court's review of the case.","Elaine Race Massacre -- Elaine Race Riot -- Elaine Twelve -- Elaine -- Phillips","(Banks vs. State, 143 Ark. 154), and remanded for a new trial; that upon a retrial of said cases, defendants were again reversed (Ware vs. State, Vol. 4 Sup. Court Rep. No. 11, Page 674), and remanded for a new trail on December 6, 1920; that said cases were coming on for trial at the May term of the Phillips Circuit Court, which convened May 2nd, 1921, and it was represented to the Governor of the State of Arkansas by the white citizens and officials of Phillips County that unless a date of execution was set for petitioners there was grave danger of mob violence to the other six defendants whose cases would be called for trail at the May term of said Court and that in all probability they would be lynched; that in order to appease the mob spirit still prevalent in Phillips County and in a measure to secure the safety of the six Negroes whose cases were to be called for trail and were called on May 9th, 1921, the Governor issued a proclamation fixing a date of execution of Petitioners for June 10, 1921, which was stayed by Court Proceedings; that these facts conclusively show that mob spirit and mob domination are still universally present in Phillips County. Petitioners further say that on the 8th day of June, 1921, they filed a petition in the Pulaski Chancery Court for a Writ of Habeas Corpus setting out the matters and things herein stated, and that on said date the Pulaski Chancery Court issued its Writ of Habeas Corpus, directed to the defendant, E. H. Dempsey, keeper of the Arkansas State Penitentiary, commanding him to have the bodies of the Petitioners in Court at 2 o’clock P.M. on the 10th day of June, 1921, and then and there state in writing the term and cause of their imprisonment; that on the 9th day of June, 1921, the Attorney General for the State of Arkansas filed with the Supreme Court of Arkansas a Petition for Writ of Prohibition against J. E. Martineau, Chancellor of the Pulaski Chancery Court, and your petitioners, and that on the 20th day of June, 1921, the Supreme Court of the State of Arkansas issued its Writ of Prohibition against the Judge of the Pulaski Chancery Court, prohibiting him from hearing the Petitions for Habeas Corpus pending in his court and quashed the Writ of Habeas Corpus theretofore issued; that thereafter, to wit, on the 4th day of August, 1921, your petitioners made application to the Hon. Oliver Wendell Holmes, Associate Justice of the Supreme Court of the United States, for a Writ of Error to the Supreme Court of the State of Arkansas in the matter of said Writ of Prohibition, but same was denied. Petitioners, therefore, say that by the proceedings aforesaid, they were deprived of their rights and are about to be deprived of their lives in violation of Section 11, of the 14th Amendment of the Constitution of the United States and the laws of the United States enacted in pursuance thereto, in that they have been denied the equal protection of the law, and have been convicted, condemned and are about to be deprived of their lives without due process of law; that they are now in the custody of the defendant, E. H. Dempsey, Keeper of the Arkansas State Penitentiary, to be electrocuted on the 23rd day of September, 1921; that they are now detained and held in custody by said Keeper and will be electrocuted on said date unless prevented from so doing by the issuance of a Writ of Habeas Corpus. Petitioners therefore pray that a Writ of Habeas Corpus be issued to the end that they may be discharged from said unlawful imprisonment and unlawful judgment and sentence to death. -------------- The writ of Habeas Corpus asked for above was granted. Later a demurrer was sustained and the writ discharged. Thereupon the attorneys appealed to the Supreme Court of the United States and their appeal was allowed in the United States District Court. Thus, the greatest case against peonage and mob-law ever fought in the land and involving 12 human lives, comes before the highest court. Reader, we have already spent $11,299 to save these poor victims; we need $5,000 more. Can you help? Crisis, vol. 23:2 (December, 1921), pp. 72-76; vol. 23:3 (January, 1922), pp. 115-117."],"dc_format":["application/pdf"],"dcterms_identifier":null,"dcterms_language":null,"dcterms_publisher":["Fayetteville, Ark. : University of Arkansas Libraries"],"dc_relation":null,"dc_right":["http://rightsstatements.org/vocab/InC/1.0/"],"dcterms_is_part_of":null,"dcterms_subject":["African Americans--Arkansas","Civil rights--Arkansas","Race discrimination--Arkansas","Segregation--Arkansas"],"dcterms_title":["Scipio Jones' Brief to the Supreme Court Regarding the Elaine Twelve"],"dcterms_type":["Text"],"dcterms_provenance":["University of Arkansas, Fayetteville. 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His work replies","Burkett, Randall K."],"dcterms_spatial":["United States, Texas, 31.25044, -99.25061"],"dcterms_creator":["Simmons, Roscoe Conkling, 1881-1951"],"dc_date":["1921"],"dcterms_description":null,"dc_format":["image/jpeg"],"dcterms_identifier":null,"dcterms_language":["eng"],"dcterms_publisher":null,"dc_relation":null,"dc_right":["http://rightsstatements.org/vocab/NoC-US/1.0/"],"dcterms_is_part_of":["African American Imprints Collection"],"dcterms_subject":["African Americans--Suffrage","African Americans","African Americans--Suffrage--Texas","African Americans--Civil rights","African Americans--Civil rights--Texas","African Americans--Texas--Houston","Texas--Houston","Texas"],"dcterms_title":["Shall the Negro vote?"],"dcterms_type":["Text"],"dcterms_provenance":["Stuart A. 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Specifically, bribery.","typed manuscript; 1 page"],"dc_format":["image/jpeg"],"dcterms_identifier":null,"dcterms_language":null,"dcterms_publisher":null,"dc_relation":["Forms part of the online collection: Tulsa Race Riot Documents"],"dc_right":null,"dcterms_is_part_of":null,"dcterms_subject":["Police misconduct--Oklahoma--Tulsa","Police--Oklahoma--Tulsa","Trials (Misconduct in office)--Oklahoma--Tulsa","Race riots--Oklahoma--Tulsa--History--20th century","Tulsa (Okla.)--Race relations","Tulsa (Okla.)--Social conditions--20th century"],"dcterms_title":["Statement Buddie Rose, Attorney General Civil Case No. 1062"],"dcterms_type":["Text"],"dcterms_provenance":["Oklahoma. Department of Libraries"],"edm_is_shown_by":null,"edm_is_shown_at":["http://digitalprairie.ok.gov/cdm/ref/collection/race-riot/id/734"],"dcterms_temporal":null,"dcterms_rights_holder":["Statement Buddie Rose, Box 25, Record Group 1-2, State of Oklahoma vs. John A. Gustafson, Chief of Police Tulsa (Tulsa Race Riot Investigation Vice Condition); Civil Case No. 1062, Attorney General, Oklahoma State Archives Division, Oklahoma Department of Libraries, Oklahoma City, OK","Oklahoma State Archives Division, Oklahoma Department of Libraries. For further information regarding the rights to this collection, please visit www.crossroads.odl.state.ok.us/cdm4/rights.php"],"dcterms_bibliographic_citation":null,"dlg_local_right":["Please contact holding institution for information regarding use and copyright status."],"dcterms_medium":["judicial records"],"dcterms_extent":null,"dlg_subject_personal":["Gustafson, John A.--Trials, litigation, etc."],"dcterms_subject_fast":null,"fulltext":null},{"id":"okd_race-riot_751","title":"Statement Nathan Cruise, Attorney General Civil Case No. 1062","collection_id":"okd_race-riot","collection_title":"Tulsa Race Massacre Collection","dcterms_contributor":null,"dcterms_spatial":["United States, Oklahoma, Tulsa County, Tulsa, 36.15398, -95.99277"],"dcterms_creator":null,"dc_date":["1921"],"dcterms_description":["Statement of Nathan Cruise, Vice Conditions for Tulsa Race Riot Investigation. Specifically, raiding.","typed manuscript; 1 page"],"dc_format":["image/jpeg"],"dcterms_identifier":null,"dcterms_language":null,"dcterms_publisher":null,"dc_relation":["Forms part of the online collection: Tulsa Race Riot Documents"],"dc_right":null,"dcterms_is_part_of":null,"dcterms_subject":["Police misconduct--Oklahoma--Tulsa","Police--Oklahoma--Tulsa","Trials (Misconduct in office)--Oklahoma--Tulsa","Race riots--Oklahoma--Tulsa--History--20th century","Vice control--Oklahoma--Tulsa","Tulsa (Okla.)--Race relations","Tulsa (Okla.)--Social conditions--20th century"],"dcterms_title":["Statement Nathan Cruise, Attorney General Civil Case No. 1062"],"dcterms_type":["Text"],"dcterms_provenance":["Oklahoma. Department of Libraries"],"edm_is_shown_by":null,"edm_is_shown_at":["http://digitalprairie.ok.gov/cdm/ref/collection/race-riot/id/751"],"dcterms_temporal":null,"dcterms_rights_holder":["Statement Nathan Cruise, Box 25, Record Group 1-2, State of Oklahoma vs. John A. Gustafson, Chief of Police Tulsa (Tulsa Race Riot Investigation Vice Condition); Civil Case No. 1062, Attorney General, Oklahoma State Archives Division, Oklahoma Department of Libraries, Oklahoma City, OK","Oklahoma State Archives Division, Oklahoma Department of Libraries. For further information regarding the rights to this collection, please visit www.crossroads.odl.state.ok.us/cdm4/rights.php"],"dcterms_bibliographic_citation":null,"dlg_local_right":["Please contact holding institution for information regarding use and copyright status."],"dcterms_medium":["judicial records"],"dcterms_extent":null,"dlg_subject_personal":["Gustafson, John A.--Trials, litigation, etc."],"dcterms_subject_fast":null,"fulltext":null},{"id":"okd_race-riot_197","title":"Telegram Chas F. Barrett, Adjutant General to Lieut. Col. L. J. F. Rooney, 1921","collection_id":"okd_race-riot","collection_title":"Tulsa Race Massacre Collection","dcterms_contributor":null,"dcterms_spatial":["United States, Oklahoma, Tulsa County, Tulsa, 36.15398, -95.99277"],"dcterms_creator":["Barrett, Charles Franklin, 1861-1946"],"dc_date":["1921"],"dcterms_description":["Western Union telegram (copy) to Lieut. Col. L. J. F. Rooney, 1921, from Chas F. Barrett, Adjutant General, regarding arrival of manpower.","typed manuscript"],"dc_format":["image/jpeg"],"dcterms_identifier":null,"dcterms_language":null,"dcterms_publisher":["Western Union telegram (copy) to Lieut. Col. L. J. F. Rooney, 1921, from Chas F. Barrett, Adjutant General, Oklahoma, Folder 16, Box 3, Record Group 8-D-1-3, Administration of James B. A. Robertson, 1919-1923, Oklahoma Governors' Papers, Oklahoma State Archives Division, Oklahoma Department of Libraries, Oklahoma City, OK"],"dc_relation":["Forms part of the online collection: Tulsa Race Riot Documents"],"dc_right":null,"dcterms_is_part_of":null,"dcterms_subject":["Oklahoma. National Guard","Emergency management--Oklahoma--Tulsa","African Americans--Oklahoma--Tulsa--History--20th century","African American neighborhoods--Oklahoma--Tulsa--History--20th century","Race riots--Oklahoma--Tulsa--History--20th century","Violence--Oklahoma--Tulsa--History--20th century","Racism--Oklahoma--Tulsa--History--20th century","Tulsa (Okla.)--Race relations"],"dcterms_title":["Telegram Chas F. Barrett, Adjutant General to Lieut. Col. L. J. F. Rooney, 1921"],"dcterms_type":["Text"],"dcterms_provenance":["Oklahoma. 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