40 Years Ago, an Alabama Jury Proved White Supremacists Could Be Brought to Justice:

40 Years Ago, an Alabama Jury Proved White Supremacists Could Be Brought to Justice:

The Elizabeth MacQueen statue, “Four Spirits” statue at Kelly Ingram Park, across the street from the Sixteenth Street Baptist Church. (Photo by Ted Tucker, courtesy the Greater Birmingham Convention and Visitors Bureau)

The long-delayed trial of the KKK bomber meant white southerners like me—and my aunt, who was on the jury—could no longer ignore the evil around us.

 

Uncle Bobby sat on my grandmother’s couch with a hangdog look and a brown paper sack. I wasn’t used to seeing him this way. Tall, lanky, bearded, and gruff, Uncle Bobby dispensed orders and opinions. On Monday, November 14, 1977, he delivered tampons.

His wife, my Aunt Nell, was sequestered for a jury. A bailiff called with her request: clothes, her Bible, and a large bag of feminine hygiene products.

Searching through the Birmingham Public Library archives 40 years later, I find a photograph of Aunt Nell, Juror 149, leaving the courtroom of the biggest case in the city’s civil rights history. I note first that Uncle Bobby brought her white slacks. Next, in her right hand, I see a crumpled tissue. She’s crying.

Jury members leave the courtroom. Aunt Nell wears white slacks, and in her right hand is a crumpled tissue. (Photo courtesy the Birmingham Public Library Department of Archives and Manuscripts)

At 16, I thought only of myself. Nell was the cool aunt, the party aunt who packed a large green Impala full of giggling teenage girls each Friday night and drove to football games, past cute boys’ houses, or to rock concerts. How long was this sequester? Would we miss KISS?

My cousin Tracy, 14, and I pestered her dad with questions. Could we ride downtown with him? Could he drive by Penny Pet Food billboard, so we could watch the dog’s tongue loll and its tail wag?

Maybe we could get on television!

“No!”

Uncle Bobby dashed our hopes with a bark. He wasn’t taking girls to any courthouse where Dynamite Bob was on trial.

* * *

On the morning of September 15, 1963, Addie Mae Collins, Carole Robertson, and Cynthia Wesley, each 14, and Denise McNair, 11, were busily primping in the basement ladies’ room of Birmingham’s Sixteenth Street Baptist Church for a special Youth Day program when a dynamite blast tore out the church’s east side. The explosion’s force blew off their frilly Sunday dresses and sent concrete fragments flying through their skulls. Relatives identified them by their ash-covered patent-leather shoes.

A local Ku Klux Klan faction targeted the church for its visible presence in the civil rights movement. Protestors had gathered at Sixteenth Street multiple times earlier that year for mass meetings of the Birmingham Campaign to confront one of segregation’s most violently defended bastions. In April, Martin Luther King, Jr. penned “Letter from a Birmingham Jail” after his arrest in a downtown march. In May, a protest called the “Children’s Crusade” left from the church to face Jim Crow. Birmingham’s Commissioner of Public Safety, Theophilus Eugene “Bull” Connor ordered police to attack the young demonstrators with dogs and firemen to hit them with water cannons. Photographs and video footage shocked the world. Embarrassed civic leaders agreed to hire black workers and desegregate downtown stores and businesses.

But the chaos was not yet over. In early September, not long after the March on Washington and King’s “I Have Dream” speech, a few city schools admitted the first black students. A violent backlash ensued. White students at three high schools rioted. Local civil rights activists’ homes were firebombed. Governor George Wallace did nothing to help. Earlier that summer, he famously blocked the way of two black students trying to integrate the University of Alabama, making good on words from his inaugural address, “segregation now, segregation tomorrow, segregation forever.”

On Tuesday, September 10th, President John F. Kennedy bypassed Wallace, federalizing the Alabama National Guard and sending the troops to schools to keep order.

On Friday the 13th, the city remained awash in hot-rods flying Confederate flags on their radio antennas and hanging signs from their windows that said “Keep Birmingham Schools White.”

On Sunday the church exploded.

The blast resonated across the nation. The “four little girls,” as the victims were collectively known, inspired poetry, fiction, visual art, and music. Their deaths galvanized support for the movement, leading to passage of the 1964 Civil Rights Act and the 1965 Voting Rights Act.

Back in Birmingham, the FBI and local police chased each other’s tails around a slipshod investigation that went nowhere. Fourteen years passed before Robert “Dynamite Bob” Chambliss, the Sixteenth Street bombing’s ringleader, was brought to trial.

* * *

My grandmother, a recent widow and a newly employed nurse, brought her children to Birmingham in the late 1940s from Alabama’s Appalachian foothills. Granny was excited to find a place to live near her job at Hillman Hospital downtown, in the city’s first housing project for whites. Elyton Village sat on Center Street, ten blocks south of an emerging civil rights showdown.

In 1947, a federal judge ruled Birmingham’s 1926 race-based zoning laws unconstitutional. Middle class black families began purchasing bungalows from white owners along north Center Street. Then their bungalows blew up. Between 1947 and 1965, more than 50 racially motivated bomb attacks occurred.

Neither Aunt Nell nor my mother remembered the explosions that gave Birmingham its nickname, “Bombingham,” although many took place close to where they lived. Perhaps to shield her girls, my grandmother said the rumbling came from “danny-mite,” as she pronounced it, in local coal and iron ore mines.

Down the road from what later became known as “Dynamite Hill,” my mother fought her own battle. One morning, a neighbor girl called her “poor.” After school, Mom waited for her behind a bush. When the girl roller-skated past, Mom jumped out and pummeled her face into the concrete. Not long afterward, my grandmother got a better job and moved her daughters from Elyton Village to East Lake, a working class community five miles east of downtown. Even though Mom got a spanking for her violence, she told the story proudly.

“We fought our way out of nothing,” she said. “Don’t let anyone try to drag you down to their level.”

A group of African Americans view the bomb-damanged home of Arthur Shores, an NAACP attorney in Birmingham, September 5, 1963. Explosions became so frequent that Birmingham earned the nickname, “Bombingham.” (Photo by Trikosko, Marion S., courtesy the U.S. Library of Congress)

I had been a civil rights educator for two decades when Aunt Nell mentioned the little black girl my late mother beat up.

I heard this story all my life and missed the obvious.

“Of course the girl was black, baby.”

Aunt Nell, now in her 70s, is the kind of Southern lady that calls everybody “baby.” The kind that cooks supper for her Baptist church on Wednesdays, prepares the programs for Sunday service on Thursdays, and visits shut-ins on Saturdays. Still the cool aunt, but no longer the party aunt, Nell has silver hair, which complements her steel blue eyes. Her walker, named “Mr. Walker,” goes with her everywhere after Uncle Bobby’s passing.

Aunt Nell and Mr. Walker have been through all Twelve Steps. She does not shy away from honest answers.

“Baby, your momma wouldn’t have hurt a white girl so bad for calling her poor.”

Flashing into my mind: the scene from Spike Lee’s 1997 documentary “4 Little Girls,” where Maxine McNair shows the director the piece of concrete that was embedded in her daughter Denise’s head.

* * *

The news media focused on shoes. The Associated Press circulated a photograph of Maxine McNair’s father, F.L. Pippen, and another man running from the church carrying Denise’s shoe. Pippen had just pulled Denise’s body from the rubble.

Eugene Patterson, editor of the Atlanta Constitution, published a column the next day that used the image to create a sense of empathy – and shame – in his white readership. “A Flower for the Graves,” read later that night on the CBS Evening News with Walter Cronkite, argued that the responsibility for the bombing did not lie only with the act’s perpetrators but with all white Southerners who, as Patterson stated, “created a climate for child-killing.” He described a grieving mother holding a shoe that belonged to her dead child. “Every one of us in the white South holds that small shoe in his hand,” Patterson stated. “Let us see it straight and look at the blood on it. Let us compare it with the unworthy speeches of Southern public men who have traduced the Negro; match it with the spectacle of shrilling children whose parents and teachers turned them free to spit epithets at small huddles of Negro school children for a week before this Sunday in Birmingham; hold up the shoes and look beyond it to the state house in Montgomery where the official attitudes of Alabama have been spoken in heat and anger.”

Patterson urged his readers to do better, to “plant a flower of nobler resolve” on the girls’ graves. “We created the day,” he said. “We bear the judgment.”

* * *

The FBI and local police knew who bombed Sixteenth Street, but the investigation dragged on for years with no prosecution.

Bob Chambliss topped everyone’s suspect list. A craggy faced drinking and fighting man, Chambliss learned the explosives trade in Birmingham’s iron ore mines. In 1963, the 59-year-old Chambliss officially worked in Birmingham’s city garage. Unofficially, he worked for Bull Connor setting fuses on Dynamite Hill.

Robert E. Chambliss’s mugshot. (Photo courtesy the Birmingham Public Library Department of Archives and Manuscripts)

The FBI had been monitoring Chambliss and his KKK cronies through an informant, Gary Thomas Rowe. A black female eyewitness named Gertrude “Kirthus” Glenn reported seeing a 1957 Chevy (later traced to Chambliss’s friend Thomas Blanton, Jr.) near the church the night before the bombing, and a man matching the description of either Chambliss or another suspect, Bobby Frank Cherry, inside the car. But her testimony alone could not be the foundation for a trial against white men, especially considering that another potential eyewitness, the white police officer on duty that night was Floyd Garrett, Chambliss’s nephew. Chambliss and two other men, John Hall and Charles Cagle, were picked up for possessing and transporting dynamite. They paid a $100 fine and received a suspended sentence. No other arrests were made. In 1965, local authorities named Cherry, Blanton, and another man, Herman Cash, as primary suspects, with Chambliss as the ringleader. Yet in 1968, the FBI closed the case, and director J. Edgar Hoover sealed the files.

* * *

My grandmother told me that the Sunday of the church bombing, friends called her from the hospital where she worked, warning her not to come downtown. The dead and wounded had come there, and “they” – meaning black people – were rioting.

Granny said that she gathered me, a toddler, into her arms and headed to the hallway in the middle of her house, where we sheltered during tornadoes, singing hymns while waiting for the storms to pass.

Sixteenth Street Baptist’s minister, John Cross, tried to calm the unrest by reciting Psalms 23, the Lord’s Prayer, from a bullhorn in front of the church.

Two youths died in the day’s violence. A white police officer shot Johnny Robinson, 16, in the back. White teenagers shot Virgil Ware, 13, at random.

Younger activists such as Diane Nash and James Bevel grew so angry over the continuing miscarriage of justice that they challenged King’s stance on non-violence. After much soul-searching debate, a consensus emerged to fight for the right to vote and get men like Bull Connor out of office.

The strategy worked. The tangled emotions—the grief, the shame, the rage—that fueled Eugene Patterson to write “A Flower for the Graves” and thousands to converge on places like Mississippi in 1964 and Selma in 1965, manifested themselves in two pieces of civil rights legislation. Both put Dynamite Bob on a collision course with a Birmingham courtroom.

The 1965 Voting Rights Act changed who voted, which changed who served on juries, and who got elected to judge and prosecutor positions. A young white law student named Bill Baxley vowed in 1963 that he would one day do something about the church bombing. When he became the state’s Attorney General in 1970, he immediately started digging into the church bombing case.

The 1964 Civil Rights Act changed who had access to public space. The church bombing sent a message that black citizens had no rights to public facilities, no rights to stores, no rights to schools, no rights to the most sacred places. Voting shifted the city’s demographic from one that was majority white and dominated by Jim Crow violence to one that was primarily black and ready to tell a new movement story. That storytelling process would start with the 1977 Chambliss prosecution and reach its fruition in 2013 with a monument to the four girls on the fifty-year anniversary of their murder. “Four Spirits,” by locally born artist Elizabeth MacQueen, features bronze statues of each girl – one beckoning visitors, another releasing doves – and a bench for rest and reflection. The monument sits at the center of a large memorial complex that includes the church, the Birmingham Civil Rights Institute, a walking tour, and multiple works of public art in a park that used to be famous for police dogs and fire hoses. Such a space sends a very different message from that of 1963: that the story about the fight for justice, equality, and freedom will occupy a significant portion of the city’s newly defined civic identity.

* * *

The 1977 Chambliss case was shaky, but Baxley pushed ahead because the time was right. Old-guard civil rights warriors tired of justice too long delayed. New Birmingham looked forward to words like “closure” and “healing.”

The trial opened on November 14. The charge was the murder of Denise McNair. Baxley told me in an April 2013 interview, “you can murder someone without knowing them if you set a bomb intending to do harm.” The state made four separate murder indictments, one for each girl. The judge, Wallace Gibson, ruled that the trial would go forward on one indictment only, an odd decision that would prove decisive. The jury was made up of nine white and three black members. Aunt Nell was an unlikely choice. She went to high school with defending attorney Art Hanes, Jr., and Hanes’s secretary Suzy was my mother’s best friend. I asked him in a May 2013 interview about the selection. He said that because his father had been Birmingham’s mayor (from 1961 to 1963) it was hard to find jury members he didn’t know. I asked Baxley also. He did not remember Juror 149 specifically, but he had a definite trial strategy that Aunt Nell fit. She was a Christian, a homemaker, and a mom. Her daughter (my cousin Tracy) was in 1977 about the same age as Addie Mae, Cynthia, Carole, and Denise when they died.

The evidence against Chambliss: he purchased a case of dynamite; he knew how to construct the specific, and rare, kind of fishing-bobber and metal bucket detonator used at Sixteenth Street; he was seen near the church the night before. But more important than any of that was Chambliss himself. Aunt Nell said she based her decision to convict on “his arrogance, his hatred, and his niece.”

For Aunt Nell, the niece Elizabeth Hood Cobbs’ testimony was the trial’s turning point. In 1963, Elizabeth Hood was in her early twenties. By 1977, she was divorced, a mother of one, and a Methodist minister named Elizabeth Cobbs. She stated under oath that she came to Chambliss’s house during the school riots and found him noticeably agitated, cursing, and using racial epithets. “Just wait till after Sunday morning,” he told her. “They will beg us to let them segregate.”He had enough dynamite “to flatten half of Birmingham,” he claimed. Cobbs was at the house after the bombing, when news reports stated that murder charges might possibly be filed. “It wasn’t meant to hurt anybody,” Chambliss told the television. “It didn’t go off when it was supposed to.”

On November 17, 1977, Baxley made his closing argument. He noted that the day would have been Denise McNair’s 26th birthday, and by then she likely would have been a mother herself. He told the jury that it was their “duty” to convict.

At 4:10 pm they went into the jury room to begin deliberations. Five hours went by with no verdict. The judge allowed them to retire for the evening so they could get some sleep and start fresh the next morning. What happened during those five hours?

Aunt Nell told me that she had no doubt how she would vote.

“Baby, that man was guilty as sin,” she says. “You could see it in his face the minute he strolled into that courtroom like he owned it. You could see it in the way he stared at his niece.”

Not all jury members saw what Aunt Nell did. They spent their five hours reviewing the evidence piece by piece: witness testimony, intricate details about bomb building, Chambliss’s whereabouts in September 1963, morgue photos. Then they voted: 11-1. One white man remained unconvinced. The deliberations were exhausting and painful, Aunt Nell remembers, but not acrimonious. The man needed more time. The jury ate dinner: something from room service that Aunt Nell doesn’t remember. She does recall marking her Bible. Jeremiah chapter 29, verse 11: “For I know the thoughts I think toward you, saith the Lord, thoughts of peace, not of evil, to give you an expected end.” Aunt Nell slept well trusting that her Lord had a plan. The jury started up the next day a little after eight a.m. Two hours later they voted again.

On November 18, 1977, at 10:40 a.m. the jury returned a guilty verdict and set the sentence at life in prison. Chambliss served his time in a solitary cell.

The conviction established a new precedent for civil rights era crimes. Cold case prosecutions became increasingly common over the next few decades. In 1994, a Jackson, Mississippi jury convicted Byron de la Beckwith for the 1963 murder of Medgar Evers. In 2005, another Mississippi jury found Edgar Ray Killen guilty for the murder of three voting rights activists during 1964’s Freedom Summer. Such “atonement trials,” as historian Jack Davis calls them, were important to people in places like Birmingham, who wanted to leave a violent past behind.

Some people have a different take on redemption. Chambliss died in 1985, still saying his Klan brothers did it, not him.

Ten years after Chambliss’s death, the F.B.I. reopened their investigation files. With new evidence unavailable to Baxley in 1977, Doug Jones, then the U.S. Attorney for Alabama’s Northern District (and now a candidate in the special election for Jeff Session’s vacated Senate seat) successfully prosecuted the co-conspirators who remained alive, Thomas Blanton in 2000, and Bobby Frank Cherry in 2002. The other suspect, Herman Cash, died in 1994. After Cherry’s conviction, news headlines nationally spoke of “healing” and “closure.”

* * *

In “A Flower for the Graves,” Eugene Patterson claimed that the moral responsibility for the church bombing lay not with men like Chambliss who planted the dynamite at Sixteenth Street but with white Southerners who, by their overt actions or their silence, created fertile ground for violence. Both Art Hanes and my Aunt Nell taught me a lot about justice and accountability.

Hanes said that he lost the case in the defense. During the prosecution, Hanes was aggressive, objecting to anything related to the use of words such as “dynamite” or “bomb.” He even got the judge to cut those words out of the coroner’s report with a penknife. During the defense, as Hanes called up one motley character witness after another, his attitude shifted. He stopped pushing. He stopped objecting. He seemed resigned. I asked him what happened. He told me that he had planned to call only one witness: Chambliss himself. When it came time, Chambliss said, “I ain’t gettin’ up there.” Hanes said that was his epiphany.

One needs his backstory to understand. Art Hanes, Jr. was a Princeton educated partner in his father’s law firm. The firm defended the worst of the worst: Chambliss, the white men who killed Selma civil rights worker Viola Liuzzo, and, briefly, James Earl Ray for killing Martin Luther King, Jr. Hanes claimed that he came out of law school “idealistic.” He told me, “Jefferson says that, ‘You judge a society not by how it treats its privileged but how it treats its meanest wretch.’ I came out of law school saying, ‘I can represent the meanest wretch.’” But in that courtroom, he said that he changed his mind: “I was not going to spend the rest of my life bleeding on those counsel tables.” He still worked in murder trials, but when Medgar Evers’s murderer Byron de la Beckwith tried to hire him in 1994, Hanes said no. No more being “on the wrong side of history.”

I asked him if he thought Birmingham had redeemed itself from the wrong side of history. Not nearly enough, he said, despite the prosecutions and the memorials: “We can’t adjust to a new society until all of us who were raised in a segregated America are gone… To me, all those things are current events. You can’t put them behind you and think of them as past.”

* * *

Aunt Nell and I also talk a lot about the past and change. Sometimes we drive past the places she has lived since moving to Birmingham. In 2013, the county just south of Birmingham where much of the city’s white population took flight after integration, received word from the U.S. Supreme Court in its Shelby County v. Holder ruling. The court stated that federal election monitors were no longer necessary in places with a history of Jim Crow, even though voter discrimination might still persist. We could not help but notice the wealthy extravagance of the lavish malls and sprawling gated communities we saw in Shelby County’s northern suburbs compared to the fast food restaurants, pawnshops, and bail bondsmen in predominantly black East Lake and Elyton Village.

Who needs KKK dynamite when you can just turn your back?

Yet Birmingham’s civil rights memorial complex, just west of the city’s central business and shopping district, is lovely – all green space and public art. Aunt Nell and I visited near the church bombing’s 50th anniversary. I asked her what she was doing while the famous “dogs and fire hoses” incidents were taking place downtown. “I cared and I didn’t,” she said, “because it didn’t affect me. I was into my own life, doing my own things. I was a young mother. But when I sat on that jury, it really opened my eyes.”

We stood at the corner where “Four Spirits,” the memorial to Addie Mae, Cynthia, Carole, and Denise now stands, diagonally across from the church. Off to one side, the artist set a small pair of bronze shoes.

Maxine McNair kept the ash-covered patent leather shoe, along with the bloodstained piece of concrete that she showed to Spike Lee, in a box for decades after she lost eleven-year-old Denise.

My cousin Tracy and I survived our teens, went to plenty of rock concerts and football games, had children of our own, enjoying all the rights and privileges Birmingham daughters deserve.

Aunt Nell looked over at the church then out at Birmingham’s sleek skyline and sighed, “It makes you wonder how all that could go on and you just didn’t know. I guess you could call it ignorance.

“But it wasn’t.”

by 

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s