The trial of the Wilmington Ten
Nantambu explains the trial of the Wilmington Ten, the various examples of misconduct by the white authorities, the ways the black community was intimidated, and how all of the details became public.
Citing this Excerpt
Oral History Interview with Kojo Nantambu, May 15, 1978. Interview B-0059. 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
- LARRY THOMAS:
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Were you one of the sixteen?
- KOJO NANTAMBU:
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Naw, . See, they looked at some pictures, and they
didn't have no pictures of me. See, they had pictures of
people who was in the march, right? Well, I was working over there so I
wasn't in the march. So they went through the march and said
that Allen picked out people that he knew. Then they circled them, or
the pictures of the people they want. Now he said the pictures had Xs on
them already. They asked Allen their names. They had Xs there, like we
want this one. And to show you that they didn't know what
they were dealing with, they arrested two Jerry Jacobs. Two of them. And
the other one stayed in jail for two weeks before they realized which
one they had, before they decided which one was the right Jerry Jacobs.
That's when they come up with the statement about Scarface
because they were saying that Jerry ...
- LARRY THOMAS:
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stayed in jail two weeks?
- KOJO NANTAMBU:
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Both of them was in jail two weeks before they let the other one go, to
decide that Jerry Jacobs ...
- LARRY THOMAS:
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- KOJO NANTAMBU:
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Yeah.
- LARRY THOMAS:
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He seems like he's all right now.
- KOJO NANTAMBU:
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Yeah, he's straight now, thank God. I hope he stays that
way.
- LARRY THOMAS:
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He was talking right, too.
- KOJO NANTAMBU:
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This is how we know. See, Allen didn't know Jerry. They just
showed him the pictures and let him pick people and he picked people he
knew. See, Allen didn't know me, at all, not
you. After he found out who I was--that
I would kill him if he lied on me--somebody would anyhow, he
even threatened us one time when we were marching around the courthouse.
He was talking about, "Y'all going to get
y'all's. We going to get you." I said,
"Yeh, buddy."
- LARRY THOMAS:
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When was this?
- KOJO NANTAMBU:
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looking out the window. The pigs, put him to the
window and said like, "Yeah, look at down there." Like
a fool, man. This was during the hearing. We laughed at him, man.
- LARRY THOMAS:
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Y'all were picketing the trial? Who were the other guys? You
said there were sixteen?
- KOJO NANTAMBU:
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It was this brother named Michael Peterson. I told you about Tommy. They
had George Kirby. There was a brother named Connell Flowers. And the
other Jerry Jacobs I told you about. And then this brother named James
Bunting.
- LARRY THOMAS:
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What happened to James Bunting?
- KOJO NANTAMBU:
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They dropped all the charges.
- LARRY THOMAS:
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There was insufficient evidence?
- KOJO NANTAMBU:
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Yeah. The charge that they got on all of them is insufficient, but they
just narrowed it down to ten to deal with immediately.
- LARRY THOMAS:
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What do you think about that trial, that whole fiasco?
- KOJO NANTAMBU:
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That's what I was going to say--that's
what it was, a fiasco. A charade, man. That was the greatest miscarriage
of justice I ever witnessed in my life or ever read about.
- LARRY THOMAS:
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Why?
- KOJO NANTAMBU:
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Because of the fact that all the evidence was circumstantial. The only
thing they had was pictures.
- LARRY THOMAS:
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What kind of pictures?
- KOJO NANTAMBU:
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Pictures taken a year later. Like, "This is a picture of Sixth
and Nun," this is a so-and-so, you know. Showing these
pictures to Allen Hall and letting him describe something. Then they
used a man who had been committed to a sanatorium three times
... an asylum
- LARRY THOMAS:
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Who?
- KOJO NANTAMBU:
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Yeah. Allen Hall tried to kill himself three times before and during the
trial. He was not a creditable witness at all because he was unstable.
His whole character was unstable. Allen was--you've
seen people that like out--grow their senses, you know, young, wild, and
then he wasn't too bright in the first place. He was cunning,
but he wasn't bright. The first trial--they went to
trial, they picked their jury--it had ten blacks and two
whites, even though they hadn't finalized the jury. Then the
district attorney, the assistant D. A.,
sickness. It was James Stroud, when he got sick. But everybody in the D.
A.'s office is supposed to be capable of picking up where the
other one left off--that's why they got a lot of
assistants. If something happened to him, then the main D. A., Allen
Kyle, should have been able to pick up the trial.
The judge declared a mistrial. That was one of the complaints that
Ferguson filed to the federal courts. And then at the next trial, they
changed the method of choosing the jury. Ever how they listed the jury,
they came up with ten whites and two blacks.
- LARRY THOMAS:
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Tell me about Stroud. What do you think ...?
- KOJO NANTAMBU:
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Stroud was very arrogant, very ambitious, very
racist--I'm trying to find another word for that
cracker. He was just ...
- LARRY THOMAS:
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Sick?
- KOJO NANTAMBU:
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He was a sick cracker, man. He was very ambitious. He wanted to get a big
job and wanted to make a name for himself. He thought he was the
smartest cracker that came along. I don't know what kind of
district attorney he thought he was, but he thought he was
God's gift to the courtroom in his attitude, manner,
everything he said, because me and him had a
where he tried to highlight me and make me say something, but I was
always cool, and I had him looking like a damn fool in the court.
He's a sick man. His main objective was to get Ben. See, he
studied Ben's activities around North Carolina. I guess he
felt if he could get Ben, that he would get some prestige in North
Carolina. This evidence that he almost said--because he told
his cousin, Dewey Wheeler, up there at the Amoco station on Sixteenth
and Dawson--that's where brother Tommy used to
work. When Ben and them went in, he told them to tell Tommy that he
wouldn't have anything to worry about because he'd
done already got Ben. Said he wouldn't
have to worry about the other charges--they were just going
ahead and drop the other charges. Those crackers, man,
they're something else.
[Laughter]
- LARRY THOMAS:
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They're sick, no question. It's
- KOJO NANTAMBU:
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But Stroud's vicious, he's shrewd. I
don't think anything is beyond him. He's capable
of doing anything. I wouldn't doubt him committing murder,
man. And as far as all the hearings and the things that have happened
since the Wilmington Ten have been in prison--the writs being
filed, the other hearing they had last May 9th through
whatever--the only thing that's happened is that
it's reinforced my already understanding that white folks is
going to support white folks, white folks is going to stand behind white
folks whether what they're doing is right or wrong. To them,
they're saying, "We're brothers, this is
our country, this is our government, this is our law, we're
going to uphold it to the end." And they've got to
uphold it to the end because ... It was so evident, man. Like
last May, Judge Fountain was supposed to rule on whether or not it was
enough sufficient evidence to warrant another trial; whether there was
enough evidence to warrant a trial was all he was supposed to rule
on--this cracker he tell Ferguson after the trial that in lieu
of all the evidence, he didn't see where the
brothers' constitutional rights had been abused. He
can't rule on nobody's constitutional rights.
That's a supreme court responsibility. He couldn't
do that. That wasn't his function no way. It makes you
question: do he know his function or was he avoiding his
function? Then what's so obvious is that it was
some lady from Asheville--she got up
there and told that S came and got her daughter and her, flew them to
North Carolina, put them in a hotel, so Allen Hall could be with her
daughter while he was a prisoner. You don't know of them
doing no prisoners like that, man. Plus they took Allen up there. And
she explained that Allen and the girl were supposed to get
married--because Allen was under a lot of pressure and they
needed her to calm him down. And also she testified that S called her
and tried to talk to her so she wouldn't be so hard against
Allen. And do you know, that judge still--that in itself is
enough to let anybody know that the cracker was doing some thing
wrong.
- LARRY THOMAS:
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What was this judge doing when people was telling him all this?
- KOJO NANTAMBU:
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He was ignoring it. He wasn't paying no attention. He was just
sitting up there like this, thinking, "Well, I'll be
glad when this shit is over." That's the expression
that he had on his face. He couldn't have been listening
because all that stuff that he heard, he couldn't have took
it in. He made his decision the next morning. It was early the next
morning or the same day. The next morning, the first
thing the next morning. First he had told the press that it might be a
couple of weeks. He had to cogitate over all this stuff, you know. And
he came back the next morning and made his decision. I mean,
immediately, and this man had heard two weeks of intense examination of
evidence, man, all kinds of evidence, and
everything that he had heard was new. The three brothers came in there
and told him that the crackers had made deals with them and told them to
lie. The brothers told him that the man offered them a bike. The people
said that he got the bike, and the man admitted that he gave them the
bike. Jerome Mitchell admitted that he had a heavy crime over his head,
and that the man made a deal with him, and he testified that he
didn't even know Ben then, he didn't know nothing
about them, that they told him what to say--he read a trial
transcript. Do you see what I'm saying? They even had copies
of the old trial transcript. Ferguson, to show the judge, with the man,
and wrote it out. Stroud . And then Allen Hall
got on the telephone, called Stroud, and told Stroud that he lied, that
under him, and then he got on the telephone
and called Ferguson