The Scottsboro case
LeMaistre remembers the Scottsboro case, when a number of young black men faced accusations of rape from two white women. Despite the judge's efforts to enforce fairness, "the jury already had its mind made up" about the defendants' guilt. (They convicted the men and sentenced them to death, although none of them were executed.) The case stirred up a lot of racist and nativist sentiment in the area, LeMaistre recalls—white southerners threatened to lynch the defendants and resented the New York lawyers, "many of them Jewish," who served on the defense. "Race was pretty much on everybody's mind" then, he remembers.
Citing this Excerpt
Oral History Interview with George A. LeMaistre, April 29, 1985. Interview A-0358. Southern Oral History Program Collection (#4007) in the Southern Oral History Program Collection, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill.
Full Text of the Excerpt
- ALLEN J. GOING:
-
In the 1930s one of the most controversial issues in Alabama was
Scottsboro. What was your recollection of it?
- GEORGE A. LeMAISTRE:
-
Well the Scottsboro case attracted a great deal of attention in the
trial. They had a judge who came from Athens, Judge Horton, Jim Horton.
He was scrupulously fair in trying that case. I
don't think there was any doubt that he leaned over backward to make
sure that the evidence that was to be presented on behalf of the
defendants got to the jury. It didn't do any real good because the jury
already had its mind made up I'm sure. At that time there was a great
deal of dissatisfaction throughout this part of the country with the
representation of people like the Scottsboro boys by lawyers in New
York—many of them Jewish—who attracted a lot of
flack from the Ku Klux Klan, people like that. One of the attorneys for
the Scottsboro group was later appointed to the Circuit Court of Appeals
in New York, I think by Roosevelt—I'm not sure. But they were
good lawyers, but at the time we had a similar case here in Tuscaloosa.
[NOTE: August, 1933. See Anthony J. Blasi,
Segregationist Violence and Civil Rights Movements in
Tuscaloosa.]
An alleged rape and two black defendants trying to escape from
capture. Then after they were convicted in a local court, the national
guard was called to protect them. They put them on a train to take them
to another prison and the members of the—it wasn't a mob, it
wasn't that big, but the people who were protesting were lined up
outside the courthouse. Some of them got in automobiles and drove out to
Cottondale and uncoupled the car from the train when the train slowed
down. But they got 'em back together and got 'em out of here. But the
group that was hiring the defense lawyers sent a telegram to Judge
Foster on the morning of the trial protesting the "lynch
court" was the phrase they used; putting
these people on trial in such a prejudiced atmosphere and with lynch
lawyers and a lynch judge to preside over it. I recall that Jack McGuire
and Charles LaFrance were the two lawyers that had been appointed to
defend these people, and they filed suit against the Western Union
Telegraph Company and recovered a substantial judgment because of their
accepting and delivering that libelous telegram. So it was a situation
where the subject of race was pretty much on everybody's mind, and the
subject of public discussion.
- ALLEN J. GOING:
-
This was in the '30s?
- GEORGE A. LeMAISTRE:
-
Mid-'30s. Yet it was not really in any way at that time connected with a
civil rights act or proposed legislation. These were simply protests
against what they called our way of life. They were largely directed
against radicals who were of the Eugene Debs stripe—people
like that, and against the International Labor Defense (ILD) which
furnished the defense counsel.
It was not, as it became in the '60s, connected with any proposed bit of
legislation. One of the ironic things about the Scottsboro case is that
one of the Attorney General's assistants (Tommy Knight, as I recall, was
the Attorney General at that time), one of the assistant attorney
generals was Buster Lawson.
- ALLEN J. GOING:
-
Oh yeah.
- GEORGE A. LeMAISTRE:
-
Who later became a trustee of the University of Alabama and was on the
Supreme Court of Alabama for a long time. The irony
that I'm speaking about: Buster Lawson went into the navy when the war
started, and his assignment was with the Bureau of Personnel in
Washington, D.C. placing
[laugh]
black sailors in their permanent billets. I don't think anyone
up there ever realized that the Lieutenant Lawson who was doing that job
was one of the prosecutors in the Scottsboro case.
- ALLEN J. GOING:
-
As I understand it, in the beginning the defense was more in the hands of
some local, uh, the Commission on Interracial Justice tried to do some
things before the outsiders began to push in, before it became
internationally publicized.
- GEORGE A. LeMAISTRE:
-
The American Civil Liberties Union was interested in it but the actual
defense was in the hands of a different group, the ILD.
It became identified with the Communist organizations that later were the
subject of investigations by Martin Dies and the un-American Activities
Committee.
- ALLEN J. GOING:
-
But during all of that time the evidence became pretty strong that there
wasn't anything to the case really. The two women were obviously of
questionable virtue, to put it mildly, and that's where it put the judge
and the Alabama public officials on the spot. The sentiment had built up
so against this outside interference. But there were other cases where
that didn't develop.
- GEORGE A. LeMAISTRE:
-
The protests and the money raised for the International Labor Defense and
other causes in this connection were not directed
at civil rights as we know them today. They were simply directed at
constitutional rights. They were claiming the rights under the
Constitution and the Bill of Rights. So it was not quite the same thing
that sprung up later when there was a great move after '48 to get some
kind of civil rights act on the books to implement the Constitution.