James M. Redwine

Posey County Lynchings

Independence Day

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Lexington Minuteman
Lexington Battle Green, MA

The Fourth of July is called Independence Day with good reason. Our Founders were willing to die for the right to control their own lives. They were not seeking war with the most powerful nation on Earth in 1776. They were not attempting to dictate to King George III how the English should behave. They sought only free will for America to determine its own course. In these troubled times we are now navigating, perhaps a look back to America’s early struggles might be helpful.

We may wish we could ask George Washington or James Madison for advice. But the best we can do is read about past heroes’ courage and sacrifice and try to learn lessons that will help us during our own battles.

For example, one of my heroines is Frances (Mad Fanny) Wright, that fighter for women’s rights, Black rights and freedom from religion who spoke in New Harmony, Indiana on July 04, 1828. Oh, how much we could learn if we could speak with her now. However, we do know she dedicated her life and fortune to eliminating slavery. Had she lived only nine more years she would have experienced the start of the Great Struggle that ended a whole race of Americans’ loss of control over their lives.

Control, isn’t that what matters most to all of us? The visceral need for the freedom to make our own choices is why on that day we now call Patriots Day, April 19, 1775, at Lexington and Concord those suppressed colonists “Fired the shots heard ’round the world”. And in our current political climate when Americans get embroiled in political discussions it sometimes feels as if both sides have muskets at the ready.

When I find myself surrounded by the competing political mini balls, I try to remember this is nothing new. Over the two or three hundred thousand years we Homo sapiens have been around, after air, water, food, shelter and procreation we seem to have two more basic needs: the control of our own lives; and the strong desire to control the thoughts and behavior of others. These two related but directly oppositional impulses apply to groups of people and nations as well. You know, we will each defend to the death the right of our political adversaries to agree with us. But conversations can rapidly turn to confrontation if someone comes down on what we believe is the wrong side of such issues as religion, race, global warming, immigration, war and peace, who should or should not be President of the United States and a thousand other subjects.

The right to control our own lives makes us smile. The desire to control other peoples’ lives can lead to such things as vitriolic statements and sometimes even vicious interchanges in our public and interpersonal interactions. Sometimes today’s discussions about control may center on sexual assault and the “Me Too Movement” or hate crimes and “Black Lives Matter”.

Rape is a terrible crime not because of forced sexual contact, billions of humans have had sexual relations. No, rape is a terrible crime because of the victims’ loss of their right to decide for themselves whether and with whom to have sex. The fear, terror, anger and humiliation caused by losing total control of one’s body is incalculable. It is in itself a life sentence that can lead to permanent bitterness toward and distrust of our legal system much as lynchings can result in an entire race of people living with constant concern about their freedom.

Lynchings, such as those that were committed on the Posey County, Indiana courthouse lawn on October 12, 1878, are a collective denial of another’s right to control their own destiny. And it is not just the victims who lose, but even those who deny justice to others may reap the whirlwinds of retaliation and political correctness.

Wars of aggression, not constitutionally authorized wars for national defense, are our country’s intentional denial of another country’s or people’s right to independently determine their own destiny. One of the main causes of our country’s post-WWII denials of the right of other countries to control their own lives are wars instigated by independent executive action without congressional authorization.

We can each quickly cite evidence of such wars based on false premises and rash executive action. President Lyndon Johnson used the shaky premise of the Tonkin Gulf Resolution to get us hopelessly embroiled in Vietnam. President George W. Bush relied on false intelligence reports that Iraq had weapons of mass destruction and was involved in 9/11. President Bush then precipitously led us into what appears to be an endless and pointless war in the Middle East.  As Pete Seeger’s song “Where Have All The Flowers Gone?” asks us, “When will we ever learn?, when will we ever learn?”

Our Founders’ wisdom of placing the authority to wage war in congress is that such a procedure keeps all of our citizens more closely involved in these grave decisions. And, it requires much more careful deliberation when congress is involved. Also, when we eliminated the military draft, we turned from a citizen minute man type military to a professional and less ecumenical type force. To make the tragic choice to go to war all Americans should feel the direct cost. It is too easy to hire others to impose our will on the powerless. With a professional standing military our armed forces never stand down. And the temptation for any of our presidents to play with these awesome powers as if they were toy soldiers is too intoxicating for most to resist. Of course, the draft is one of the ultimate impositions of loss of control. Our country should only use it when our national survival is truly at issue. And then it should include all able-bodied adult citizens. Not everyone needs to serve on the front lines but everyone can serve somehow.

One of the good things we received from one of our British cousins were John Locke’s Enlightenment philosophies as highlighted by the doctrine of separation of governmental powers. Our independence as a nation has survived great trauma due in large part to our three separate and equal political powers: Executive; Legislative; and, Judicial. We forget this at our peril. Control of our lives is an inherent need for individuals and nations and, if lost, can lead to long-term bad effects for both the invaders and the invaded. Freedom of choice is essential to our personal and national well-being. Our Founders enshrined that opportunity for us in our Constitution and that is what we celebrate on Independence Day as we struggle to afford that right to all of our citizens.

 

A Thousand Words

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I was born in Pawhuska, Osage County, Oklahoma where I spent my first 19 years (1943-1962). Osage County is adjacent to Tulsa and Tulsa County. The Tulsa race riots of 1921 were never mentioned during my 12 years of public education and one year at Oklahoma State University.

I served as a judge in Mt. Vernon, Posey County, Indiana from 1981-2018. Until March 14, 1990 the lynchings of African Americans that took place on the courthouse campus on October 12, 1878 were unknown to me and never brought to my attention.

Upon being made aware of the Posey County murders I began to search for more complete information. A friend of mine, Glenn Curtis, who was born and raised in Posey County advised me he had seen a photograph of the 4 young Black men hanging from locust trees outside the courthouse door. He told me he remembered the elongated necks, swollen tongues and cue ball sized eyes of the hanging bodies. I have searched for a copy of that photograph since 1990.

October 12, 1878 Mt. Vernon, Indiana Courthouse Campus

My friend, Doug McFadden, who was also born and raised in rural Posey County told me that his grandfather told Doug that the day after the lynchings Doug’s grandfather watched as white citizens used the hanging young Black men for target practice. And while there was no photograph taken of the young Black man Daniel Harrison, Jr. who on October 10, 1878 was burned to death in the fire box of a locomotive in Mt. Vernon, another Posey County native friend of mine, Basil Stratton, told me that his grandfather, Walker Bennet, was an eyewitness. Walker told Basil that as a young boy he was present and saw several white men, including Walker’s father, force Harrison into the steam engine. Basil’s grandfather told Basil he never forgot the Black man’s screams and the smell of his burning flesh.

I have long thought that a photograph of the lynchings might be the evidence needed to finally get a memorial to the victims erected on the Posey County Courthouse campus. And yesterday my friends, Liz and Jeff Miller of Posey County, emailed me a copy of just such a photograph. Jeff and Liz received the copy from our mutual friend and historian, Ray Kessler of Mt. Vernon. Ray told me when we spoke by phone last night that he got the photograph from Karen McBride Christensen of Indianapolis who retrieved the picture from Georgia’s Emory University archives. I do not, as yet, know how it came to be there. Because of its graphic nature I have not attached it to this newspaper article. However, it did call me to reprise an article on race relations I first published July 4, 2005. Gentle Reader, as recent events may lead one to conclude the issues discussed in that article remain raw in our national psyche today, I offer it once more for your consideration.

 

 

HAPPY BIRTHDAY TO U.S.!

LET’S HAVE A PARTY AND INVITE EVERYONE!

(Week of July 4, 2005)

The United States Supreme Court has occasionally succumbed to popular opinion then later attempted to atone for it.  The Dred Scott (1857) and Plessy v. Ferguson (1892) cases come to mind as examples of institutionalized injustice with the partial remedy of Brown v. Board of Education (1954) being administered many years later.

In Dred Scott, the U.S. Supreme Court decided that American Negroes had no rights which the law was bound to protect as they were non-persons under the U.S. Constitution.

And in Plessy, the Court held that Mr. Plessy could not legally ride in a “whites only” railroad car.  The Court declared that laws that merely create distinctions but not unequal treatment based on race were constitutional.  SEPARATE BUT EQUAL was born.

Our original U.S. Constitution of 1787 disenfranchised women, and recognized only three-fifths of every Black and Native American person, and even that was only for census purposes.  Our Indiana Constitution of 1852 discouraged Negro migration to our state in spite of Posey County Constitutional Convention Delegate, Robert Dale Owen’s, eloquent pleas for fair treatment for all.

Were these documents penned by evil men?  I think not.  They were the result of that omnipotent god of politics, compromise, which is often good, but sometimes is not.  Should you have read this column recently you may recall that I strongly encourage compromise in court, in appropriate cases.

However, as one who grew up in a state where the compromise of the post Civil War judges and politicians led to the legal segregation of schools, restaurants, and public transportation, I can attest that some compromises simply foist the sins of the deal makers onto future generations.

When I was 6 years old, my 7 year old brother, Philip, and I made our first bus trip to our father’s family in southern Oklahoma.

We lived on the Osage Indian Nation in northeastern Oklahoma.  It sounds exotic but our hometown, Pawhuska, looked a lot like any town in Posey County.

In 1950 our parents did not have to worry about sending their children off with strangers except to admonish us not to bother anyone and to always mind our elders.

When mom and dad took us to the MKT&O (Missouri, Kansas, Texas and Oklahoma) bus station it was hot that July day.  Oklahoma in July is like southern Indiana in July, WITHOUT THE SHADE TREES!

My brother and I were thirsty so we raced to the two porcelain water fountains in the shot gun building that was about 40 feet from north to south and 10 feet from east to west.

Phil slid hard on the linoleum floor and beat me to the nearest fountain.  And while I didn’t like losing the contest, since the other fountain was right next to the first one, I stepped to it.

“Jimmy, wait ‘til your brother is finished.  James Marion! I said wait!”  Dad, of course, said nothing. He didn’t need to; we knew that whatever mom said was the law.

 “Mom, I’m thirsty.  Why can’t I get a drink from this one?”

 “Son, look at that sign.  It says ‘colored’.  Philip, quit just hanging on that fountain; let your brother up there.”

Of course, the next thing I wanted to do was use the restroom so I turned towards the four that were crammed into the space for one:  “White Men”, “White Ladies”, “Colored Men”, and “Colored Women”.

After mom inspected us and slicked down my cowlick again, we got on the bus and I “took off a kiting” to the very back.

I beat Phil, but there was a man already sitting on the only bench seat.  I really wanted to lie down on that seat but the man told me I had to go back up front.  And as he was an adult, I followed his instructions.

Philip said, “You can’t sit back there.  That’s for coloreds.  That’s why that colored man said for you to go up front.”

That was the first time I noticed the man was different.  That was, also, the point where the sadness in his eyes and restrained anger in his voice crept into my awareness.

As a friend of mine sometimes says, “No big difference, no big difference, big difference.”

And if all this seems as though it comes from a country far far away and long long ago, Posey County segregated its Black and White school children for almost 100 years after 600,000 men died in the Civil War.  In fact, some of Mt. Vernon’s schools were not fully integrated until after Brown was decided in 1954.

And, whether we have learned from our history or are simply repeating it may depend upon whom we ask.  Our Arab American, Muslim, Black, Native American, and Hispanic citizens, as well as several other “usual suspects”, may think the past is merely prologue.

Sometimes it helps for me to remember what this 4th of July thing is really about.  It’s our country’s birthday party; maybe we should invite everyone.

There is nothing equal about separate.

Our Best Entertainment

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Many of you have read JUDGE LYNCH!, the historical novel Peg and I wrote about the lynchings of four Black men on the campus of the Posey County, Indiana courthouse in 1878. And several of you even participated in the making of our short movie about the murders. That was our first effort at movie making and probably yours too.

To those of you who volunteered to endure the cold, rain and tedium of my directorial debut, thank you! Please do not forget the compensation you received; wasn’t Shawnna Rigsby’s bar-b-cue good? You might be interested in some of the behind scenes manipulation I engaged in to get my friends to commit suicide, get shot, get chased by night riders on horseback and to even get lynched.

For example, early on I called our sons’s one-time boxing teammate and our good friend, Danny Thomas, and said, “Danny, I need some Black men to shoot and lynch on camera.Would you, your family and friends care to do that?” Danny did not hesitate. Then there was our neighbor, Chuck Minnette, who was minding his own business when I told him he surely must feel depressed and possibly even suicidal. Chuck thought I was kidding until we filmed his suicide scene. The scene involved Chuck firing a pistol with a blank cartridge near his head while my wife, Peg, laid on her back on the floor puffing on a cigar and blowing the smoke up toward Chuck’s face.

Chris Greathouse was called upon to have his neck broken by Danny Thomas and several “soiled doves” played their parts with such enthusiasm I will leave them unnamed. Jerry King generously offered his amazing Pioneer Village for several scenes and Jerry and his wife, Marsha, even donned their costumes of General and Mrs. Hovey. Dan Funk, whose father was a minister, played his preacher part convincingly. Dr. Bill Etherton and his wife, Judy, attended Dan’s frontier church and Dr. Bill along with Nurse Bonnie Minnette attended to “injured” patients.  Through it all the only person who actually knew anything about video cameras, Rodney Fetcher, managed to get the whole nineteen minute movie filmed and, along with Peg, edited. My eldest brother, C.E. Redwine, is a professional musician and he wrote and performed a marvelous score for the film. There were numerous other budding Academy Award winners who contributed time, talent, tips and immense patience; I appreciate you all!

Now, Gentle Reader, you may have noticed that I had little to do with the finished product. But let me suggest the same is often true in other movies where those who get the acclaim may not be those who do the real work. In my defense I just wish to state, “Hey, I wrote the book!”

Anyway, our little movie does tell the horrific story of murdered African Americans by the powerful white community of Posey County, Indiana in 1878 and brings to light the long hidden tragedy. I am proud of our effort and will always treasure the experience. However, it is not JUDGE LYNCH! that is the impetuous for this week’s column but Peg’s and my attempt to research the making of a full-length movie about the infamous Osage Reign of Terror that occurred in Osage County, Oklahoma where I was born.

Author David Grann has written an excellent exposé of the murders of numerous Native Americans of the Osage tribe in Osage County, Oklahoma in the 1920’s and ’30’s. Peg and I were at our cabin in Osage County when the casting call came out for extras for the Martin Scorsese directed film that will star Leonardo DiCaprio and Robert De Niro. While growing up in Pawhuska, the county seat, I often heard whispered rumors of these crimes. Kudos to Grann, Scorsese, DiCaprio and De Niro for having the courage to lift the veil from this great evil.

In preparation for this column Peg and I did go to the Osage County Fairgrounds on Sunday, November 10, 2019 for the advertised casting call for movie extras. Our purpose was to gain information about the making of the movie that we could include in this column. We were met by several extremely polite and pleasant people who were not authorized to answer our questions but they did suggest we might want to experience the casting call process from the inside by filling out applications ourselves. We did so and had an interesting and fun time. Of course, the staff at the door, the numerous tables and chairs, the clear directional signs and the four enclaves of people photographing, taking prospective extras’ measurements and interviewing the hundreds of hopeful locals was just a little different than the process I used for getting actors for JUDGE LYNCH!. My method was pretty much, “You are my friend. I need you to lynch someone (or be lynched), shoot someone (or be shot) or stand out in the cold rain and try to fathom my directions.”

In my opinion Peg is a possible Barbara Stanwyck double and after a beer or two I can find a remarkable resemblance between myself and Robert Redford. Of course, we both have movie experience. herefore, we are excited and waiting by the phone to be discovered. Hey, it happened to Norma Jeane Mortenson didn’t it? And while you may not know it, before Gone With The Wind, Clark Gable worked as an oilfield roustabout in Barnsdall, Osage County, Oklahoma which is the nearest town to our cabin. Can you say kismet? Further, since I am an experienced fellow director, maybe Marty will want another perspective for a scene or two. Next week we may dig a little deeper into the film noir that has Osage County, Oklahoma buzzing.

WHY AMERICANS ARE THE ONES SMILING (OR CONTROL MAKES ONE HAPPY)

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JUDGE JAMES REDWINE SPEAKING AT THE 4TH OF JULY CELEBRATION, NEW HARMONY, INDIANA 07/04/2019

THANK YOU, NATHAN. AND THANK YOU ALL FOR BEING HERE. BY THE WAY, YOU CAN RELAX AND RELY UPON THIS BEING A SHORT SPEECH, ALTHOUGH YOU MAY SAY NOT SHORT ENOUGH. YOU SEE, YOU HAVE AN INSURANCE POLICY AS SOME MEMBERS OF THE REDWINE FAMILY INSISTED ON ATTENDING TODAY TO MAKE SURE I DO NOT GO OVER MY ALLOTTED TWENTY MINUTES.

WHEN MY SISTER AND OUR TWO BROTHERS AND I ALL SANG IN OUR CHURCH CHOIR, OUR MINISTER, REVEREND MAX WOLFE, WOULD SOMETIMES RATTLE ON AS THE CONGREGATION YEARNED FOR RELIEF. SO HIS DAUGHTER, JUDY, WHO WAS THE CHURCH ORGANIST WOULD ALLOW MAX TO GO ABOUT FIVE MINUTES LONG THEN SHE WOULD BEGIN SOFTLY PLAYING THE INTRODUCTION TO “THE DOXOLOGY”. THEREFORE, IF YOU HEAR MY FAMILY BEGIN SOFTLY MUMBLING “PRAISE GOD FROM WHOM ALL BLESSINGS FLOW …” JUST JOIN IN AND I WILL SIT DOWN. NOT YET, DAVID CAMPBELL!

IT IS GOOD TO BE WITH YOU ON THIS DAY OF CELEBRATION OF AMERICA’S INDEPENDENCE. IT IS CALLED INDEPENDENCE DAY WITH GOOD REASON. OUR FOUNDERS WERE WILLING TO DIE FOR THE RIGHT TO CONTROL THEIR OWN LIVES. THEY WERE NOT SEEKING WAR WITH THE MOST POWERFUL NATION ON EARTH IN 1776. THEY WERE NOT ATTEMPTING TO DICTATE TO KING GEORGE III HOW THE ENGLISH SHOULD BEHAVE. THEY SOUGHT ONLY FREE WILL FOR AMERICA TO DETERMINE ITS OWN COURSE.

I AM HONORED TO HAVE BEEN ASKED TO SPEAK BY THE FRIENDS OF THE WORKING MEN’S INSTITUTE, THE UNIVERSITY OF SOUTHERN INDIANA AND THE NEW HARMONY KIWANIS CLUB. WHEN MY FRIENDS, JEANNE AND NATHAN MAUDLIN, CONTACTED ME THEY ASKED ME TO ADDRESS ISSUES SWIRLING AROUND AMERICA’S STRUGGLE FOR INDEPENDENCE DURING THE REVOLUTIONARY WAR. I BELIEVE THEY THOUGHT I WAS OLD ENOUGH TO HAVE SERVED IN IT. WHILE I AM PROUD TO BE AN HONORABLY DISCHARGED VETERAN IT IS NOT TRUE THAT I SERVED DURING THE REVOLUTION. THERE WAS NO UNITED STATES AIR FORCE IN 1776.

HOWEVER, I DO UNDERSTAND THE DESIRE TO GET A FIRST HAND ACCOUNT OF HISTORY. ALL OF US WISH WE COULD ASK OUR PARENTS ABOUT THINGS LONG PAST OR PERHAPS HAVE A CHANCE TO ASK PAST HEROES SUCH AS GEORGE WASHINGTON OR JAMES MADISON WHAT REALLY HAPPENED IN THOSE SECRET MEETINGS IN PHILADELPHIA THAT PRODUCED OUR CONSTITUTION.

FOR EXAMPLE, ONE OF MY HEROINES IS FRANCES (MAD FANNY) WRIGHT, THAT FIGHTER FOR WOMEN’S RIGHTS, BLACK RIGHTS AND FREEDOM FROM RELIGION WHO SPOKE HERE IN NEW HARMONY ON JULY 04, 1828. OH HOW MUCH WE COULD LEARN IF WE COULD SPEAK WITH HER NOW. THEN I REMEMBERED WE MAY HAVE SOMEONE WITH US HERE TODAY WHO MAY HAVE KNOWN MAD FANNY AND WHAT SHE REALLY THOUGHT. IS MY FRIEND CHARLIE GASTON HERE? HELLO CHARLIE. DO YOU MIND ME ASKING? DIDN’T YOU USE TO DATE MAD FANNY WRIGHT? WELL, THANKS. MAYBE WE CAN TALK ABOUT MAD FANNY LATER AT MACLURE PARK OVER A HOT DOG.

ANOTHER OF THE GREAT INDEPENDENCE TYPE QUESTIONS THOSE OF US PRIVILEGED TO LIVE IN POSEY COUNTY OFTEN PONDER IS WHY DID FATHER GEORGE RAPP’S CELIBATE RELIGIOUS COMMUNE LAST FROM 1814 TO 1825, BUT ROBERT OWEN’S ATHEISTIC ENLIGHTENMENT COMMUNE ONLY MADE IT ABOUT THREE YEARS FROM 1825 TO 1828? WELL, IN DOING RESEARCH FOR TODAY’S GATHERING I READ THAT AT THEIR FOURTH OF JULY GALAS FATHER RAPP’S RAPPITES GAVE OUT FREE BEER, BUT ACCORDING TO ROBERT OWEN’S FOURTH OF JULY SPEECH IN 1826 OWEN CALLED FOR HIS FOLLOWERS TO “…ABANDON THE USE OF SPIRITOUS LIQUORS ….” APPARENTLY WE CAN MAKE IT WITHOUT SEX, BUT NOT WITHOUT BEER. THAT’S ANOTHER OF THOSE FREE-WILL OPTIONS WE CELEBRATE ON THE FOURTH OF JULY.

*CONTROL*

ISN’T THAT WHAT MATTERS MOST TO ALL OF US? THE VISCERAL NEED FOR THE FREEDOM TO MAKE OUR OWN CHOICES IS WHY ON THAT DAY WE NOW CALL PATRIOT’S DAY, APRIL 19, 1775, AT LEXINGTON AND CONCORD THOSE SUPPRESSED COLONISTS, “FIRED THE SHOTS HEARD ’ROUND THE WORLD”. AND IN OUR CURRENT POLITICAL CLIMATE, WHEN AMERICANS TODAY GET EMBROILED IN POLITICAL DISCUSSIONS IT SOMETIMES FEELS AS IF BOTH SIDES HAVE MUSKETS AT THE READY.

WHEN I FIND MYSELF SURROUNDED BY THE COMPETING POLITICAL MINI BALLS I TRY TO REMEMBER TO REMIND MYSELF THIS IS NOTHING NEW. OVER THE TWO OR THREE HUNDRED THOUSAND YEARS WE HOMO SAPIENS HAVE BEEN AROUND, AFTER AIR, WATER, FOOD, SHELTER AND PROCREATION, WE SEEM TO HAVE TWO MORE BASIC NEEDS: THE CONTROL OF OUR OWN LIVES; AND THE STRONG DESIRE TO CONTROL THE THOUGHTS AND BEHAVIOR OF OTHERS. THESE TWO RELATED BUT DIRECTLY OPPOSITIONAL IMPULSES APPLY TO GROUPS OF PEOPLE AND NATIONS AS WELL. YOU KNOW, WE WILL EACH DEFEND TO THE DEATH THE RIGHT OF OUR POLITICAL ADVERSARIES TO AGREE WITH US. BUT CONVERSATIONS CAN RAPIDLY TURN TO CONFRONTATION IF SOMEONE COMES DOWN ON WHAT WE BELIEVE IS THE WRONG SIDE OF SUCH ISSUES AS RELIGION, GLOBAL WARMING, IMMIGRATION, WAR AND PEACE, AND ESPECIALLY TODAY, WHO SHOULD OR SHOULD NOT BE PRESIDENT OF THE UNITED STATES.

THE RIGHT TO CONTROL OUR OWN LIVES MAKES US SMILE. THE DESIRE TO CONTROL OTHER PEOPLES’ LIVES CAN LEAD TO SUCH THINGS AS VITRIOLIC STATEMENTS AND SOMETIMES EVEN VICIOUS INTERCHANGES IN OUR PUBLIC INTERACTIONS. SOMETIMES THE DISCUSSIONS ABOUT CONTROL MAY CENTER ON SEXUAL ASSAULT AND THE “ME TOO MOVEMENT” OR HATE CRIMES AND “BLACK LIVES MATTER” OR PERHAPS EVEN QUESTIONS OF WAR AND PEACE.

RAPE IS A TERRIBLE CRIME NOT BECAUSE OF FORCED SEXUAL CONTACT, BILLIONS OF HUMANS HAVE HAD SEXUAL RELATIONS. NO, RAPE IS A TERRIBLE CRIME BECAUSE OF THE VICTIMS’ LOSS OF THEIR RIGHT TO DECIDE FOR THEMSELVES WHETHER AND WITH WHOM TO HAVE SEX. THE FEAR, TERROR, ANGER AND HUMILIATION CAUSED BY LOSING TOTAL CONTROL OF ONE’S BODY IS INCALCULABLE. IT IS IN ITSELF A LIFE SENTENCE THAT CAN LEAD TO PERMANENT BITTERNESS TOWARD AND DISTRUST OF OUR LEGAL SYSTEM. MUCH AS LYNCHINGS CAN RESULT IN AN ENTIRE RACE OF PEOPLE LIVING WITH CONSTANT CONCERN ABOUT THEIR FREEDOM.

LYNCHINGS, SUCH AS THOSE THAT WERE COMMITTED ON OUR POSEY COUNTY COURTHOUSE LAWN ON OCTOBER 12, 1878, ARE A COLLECTIVE DENIAL OF ANOTHER’S RIGHT TO CONTROL THEIR OWN DESTINY. AND IT IS NOT JUST THE VICTIMS WHO LOSE, BUT EVEN THOSE WHO DENY JUSTICE TO OTHERS MAY REAP THE WHIRLWINDS OF RETALIATION AND POLITICAL CORRECTNESS.

WARS OF AGGRESSION, NOT CONSTITUTIONALLY AUTHORIZED WARS FOR NATIONAL DEFENSE, ARE OUR COUNTRY’S INTENTIONAL DENIAL OF ANOTHER COUNTRY’S OR PEOPLE’S RIGHT TO INDEPENDENTLY DETERMINE THEIR OWN DESTINY. ONE OF THE MAIN CAUSES OF OUR COUNTRY’S POST-WWII DENIALS OF THE RIGHT OF OTHER COUNTRIES TO CONTROL THEIR OWN LIVES ARE WARS INSTIGATED BY INDEPENDENT EXECUTIVE ACTION WITHOUT CONGRESSIONAL AUTHORIZATION.

WE CAN EACH QUICKLY CITE EVIDENCE OF SUCH WARS BASED ON FALSE PREMISES AND RASH EXECUTIVE ACTION. PRESIDENT LYNDON JOHNSON USED THE SHAKY PREMISE OF THE TONKIN GULF RESOLUTION TO GET US HOPELESSLY EMBROILED IN VIETNAM. PRESIDENT GEORGE W. BUSH RELIED ON FALSE INTELLIGENCE REPORTS THAT IRAQ HAD WEAPONS OF MASS DESTRUCTION AND WAS INVOLVED IN 9/11. PRESIDENT BUSH THEN PRECIPITOUSLY LED US INTO WHAT APPEARS TO BE AN ENDLESS AND POINTLESS WAR IN THE MIDDLE EAST. AND NOW, IF WE IN AMERICA AS LED BY PRESIDENT DONALD TRUMP, INSIST ON CONTROLLING IRAN, IT COULD BE THE PERSIAN GULF WAR REDÜX BASED ON THE PRETEXT OF TORPEDOED OIL TANKERS OR DOWNED DRONES. AS PETE SEEGER’S SONG “WHERE HAVE ALL THE FLOWERS GONE?” ASKS US, “WHEN WILL WE EVER LEARN?, WHEN WILL WE EVER LEARN?”

OUR FOUNDERS’ WISDOM OF PLACING THE AUTHORITY TO WAGE WAR IN CONGRESS IS THAT SUCH A PROCEDURE KEEPS ALL OF OUR CITIZENS MORE CLOSELY INVOLVED IN THESE GRAVE DECISIONS. AND, IT REQUIRES MUCH MORE CAREFUL DELIBERATION WHEN CONGRESS IS INVOLVED. ALSO, WHEN WE ELIMINATED THE MILITARY DRAFT WE TURNED FROM A CITIZEN MINUTE MAN TYPE MILITARY TO A PROFESSIONAL AND LESS ECUMENICAL TYPE FORCE. TO MAKE THE TRAGIC CHOICE TO GO TO WAR ALL AMERICANS SHOULD FEEL THE DIRECT COST. THAT’S ONE OF THE MAIN REASONS WE WENT FROM 1918 TO 1941 AT PEACE. BUT AFTER WE ENDED THE DRAFT WE HAVE NEVER BEEN WITHOUT CONFLICT. IT IS TOO EASY TO HIRE OTHERS TO IMPOSE OUR WILL ON THE POWERLESS. WITH A PROFESSIONAL STANDING MILITARY OUR ARMED FORCES NEVER STAND DOWN AND THE TEMPTATION FOR ANY OF OUR PRESIDENTS TO PLAY WITH THESE AWESOME POWERS AS IF THEY WERE TOY SOLDIERS IS TOO INTOXICATING FOR MOST TO RESIST.

ONE OF THE GOOD THINGS WE RECEIVED FROM ONE OF OUR BRITISH COUSINS AND THE IDEALS ROBERT OWEN’S COMMUNE ASCRIBED TO, WERE JOHN LOCKE’S ENLIGHTENMENT PHILOSOPHIES AS HIGHLIGHTED BY THE DOCTRINE OF SEPARATION OF POWERS. OUR INDEPENDENCE AS A NATION HAS SURVIVED GREAT TRAUMA DUE IN LARGE PART TO OUR GOVERNMENT’S THREE SEPARATE AND EQUAL POWERS: EXECUTIVE; LEGISLATIVE; AND, JUDICIAL. WE FORGET THIS AT OUR PERIL.

OUR FOUNDERS UNDERSTOOD HUMAN NATURE. THAT’S WHY WE HAVE AN ELECTED PRESIDENT INSTEAD OF AN ANOINTED KING. IT SEEMS THAT ALMOST NO MATTER WHO THE CHIEF EXECUTIVE IS, THE TEMPTATION TO CONTROL OTHERS BY MILITARY MIGHT IS IRRESISTIBLE. CONTROL OF OUR LIVES IS AN INHERENT NEED FOR INDIVIDUALS AND NATIONS AND, IF LOST, CAN LEAD TO LONG-TERM BAD EFFECTS FOR BOTH THE INVADERS AND THE INVADED.

A COUPLE OF WEEKS AGO PEG AND I ATTENDED A RODEO IN OSAGE COUNTY, OKLAHOMA WHERE THIRTY-FIVE COMPETING COWBOYS WERE INTRODUCED AS THEY HELD A GIGANTIC AMERICAN FLAG IN THE MIDDLE OF THE ARENA. EACH COWBOY STOOD AT ATTENTION AS HE HELD THE FLAG WITH ONE HAND AND HELD HIS WESTERN HAT OVER HIS HEART WITH THE OTHER WHILE A COWGIRL ON HORSEBACK SANG “THE NATIONAL ANTHEM”. IT WAS A MOVING EXPERIENCE FOR PEG AND ME AS WE STOOD AT ATTENTION WITH OUR HANDS OVER OUR HEARTS. IT MADE ME THINK ABOUT THE NATIONAL FOOTBALL LEAGUE AND SILENT PROTESTS BY PLAYERS AS WELL AS RAISED FISTS AT THE 1972 OLYMPICS AND MEMBERS OF THE U.S.A.’S WOMENS SOCCER TEAM WHO CHOOSE TO STAND BUT NOT PLACE THEIR HANDS OVER THEIR HEARTS. WHAT A FEELING OF FREEDOM IT SHOULD GIVE US ALL WHEN OUR FELLOW CITIZENS VOICE THEIR DISSENT EVEN IF WE DISAGREE WITH THEIR POSITIONS. THESE PATRIOTS HARKEN BACK TO PATRICK HENRY AND HIS PREFERENCE FOR DEATH OVER A LIFE WITHOUT CHOICE.

DISSENT BY OTHERS, ESPECIALLY BY THOSE DIAMETRICALLY OPPOSED TO MY BELIEFS, HELPS TO REMIND ME INDEPENDENCE DAY IS ONE OF LIFE’S GREATEST GIFTS AND REINFORCES MY GRATITUDE TO OUR FOURTH OF JULY 1776 HEROES. IT MAKES ME THINK OF JAMES MADISON AND HIS DEMAND THAT THE FIRST TEN AMENDMENTS TO THE CONSTITUTION BE ADOPTED.

THE FIRST AMENDMENT IS THE ULTIMATE RECOGNITION OF THE IMPORTANCE OF CHOICE: FREEDOM OF AND FROM RELIGION; FREEDOM OF SPEECH; AND, THE FREEDOM TO PETITION OUR GOVERNMENT WHETHER IN WRITING OR BY DEMONSTRATION. I AM PROUD THAT IN THE UNITED STATES OF AMERICA IF PEG AND I WANT TO STAND FOR “THE NATIONAL ANTHEM” OR FOR ANY OTHER CAUSE, SUCH AS “THE HALLELUJAH CHORUS” OR THE “INDIANA UNIVERSITY FIGHT SONG”, WE MAY. AND, IF OTHERS DO NOT WISH TO, THEY HAVE THE RIGHT NOT TO. EVEN THOSE MISGUIDED PEOPLE FROM PURDUE UNIVERSITY, PROFESSOR SCHUETTE.

FOR SOME REASON THAT RODEO EXPERIENCE REMINDED ME OF WHAT OUR SOLDIER SON, JIM, TOLD US HE OBSERVED WHEN HE VISITED THE OLD SOVIET UNION BEFORE THE WALL CAME DOWN AND BEFORE HE WAS SENT TO WAR IN IRAQ. JIM SAID WHEN HE HAPPENED TO SEE OTHER AMERICANS IN THE OLD USSR HE COULD ALWAYS PICK THEM OUT FROM THE CROWD OF RUSSIANS BECAUSE THE AMERICANS WERE THE ONLY ONES SMILING.

THEN WHEN I WAS SENT BY THE NATIONAL JUDICIAL COLLEGE TO TEACH UKRAINIAN JUDGES IN 2000 AND THEN TO RUSSIA TO TEACH RUSSIAN JUDGES IN 2003 I HAD SIMILAR EXPERIENCES. IN UKRAINE I TOOK THEIR DILAPIDATED GREY SUBWAY TRAIN AND WAS CRAMMED IN WITH MANY UKRAINIAN MEN AND WOMEN AND ONE BOY ABOUT SIX YEARS OLD. THE ADULTS WERE ALL DRESSED IN DARK CLOTHING AND HAD SOBER DARK EXPRESSIONS. NO ONE SMILED OR NODDED HELLO. THEN I CAUGHT THE LITTLE BOY’S EYE AND SMILED AT HIM. AT FIRST HE ALMOST SMILED BACK THEN CAST DOWN HIS EYES.

IN RUSSIA PEG WAS WITH ME AND WE TOOK THE SUBWAY TO SEE THE ONION DOMES OF THE KREMLIN. PEG HAD ON A LIGHT BLUE COAT AND I WAS WEARING MY RED SKI JACKET. EVERY OTHER PERSON ON THE TRAIN HAD ON DARK CLOTHES AND DOUR FACES. WHEN PEG AND I SMILED AT ONE ANOTHER BECAUSE WE WERE HAPPY TO BE IN MOSCOW TOGETHER WE WERE THE ONLY ONES SMILING. THAT’S WHEN WE REALIZED WHAT FREEDOM AND INDEPENDENCE AND THE FOURTH OF JULY ARE ALL ABOUT. WE ARE CONFIDENT WE HAVE THE RIGHT AS AMERICANS TO CONTROL OUR OWN DESTINIES. THAT MEANS EVERYTHING. AND THAT IS WHY WHEN AMERICANS ARE SEEN AMONG THE PEOPLE OF OTHER NATIONS OFTEN THE AMERICANS ARE THE ONLY ONES SMILING. BUT IF WE INSIST ON IMPOSING OUR WILL ON OTHER COUNTRIES OR UPON ONE ANOTHER, WE SHOULD NOT BE SURPRISED IF THEY DO NOT SMILE BACK.

WE CAN KEEP SMILING AS LONG AS OUR FRIENDS AND FELLOW CITIZENS RESPECT OUR OPINIONS AND THEY WILL KEEP SMILING AT US AS LONG AS WE RESPECT THEIR RIGHT TO THEIR OPINIONS.

UH OH, I THINK I HEAR THE OFF-KEY STRAINS OF “THE DOXOLOGY”, SO THANKS AND I’LL SEE YOU LATER FOR HOT DOGS AT MACLURE PARK. THAT IS, OF COURSE, IF YOU INDEPENDENTLY CHOOSE TO GO THERE. AND MAYBE WE CAN ASK CHARLIE GASTON ABOUT MAD FANNY WRIGHT. THANKS.

Reflections

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Memorials take many forms and have many purposes. Some are large in scope covering acres of land containing statues and museums, such as Gettysburg Battlefield, or are smaller in area but allow visitors to absorb history and meaning through sober reflection, such as the Washita Battlefield National Historic Site where Custer ambushed and killed Chief Black Kettle, his wife and most of his tribe of peaceful Native Americans.

What should be the design of a Posey County’s memorial to the people and events of October 1878? Of course, that is a community decision best made by representatives of various interests. However, I respectfully suggest the purposes of a memorial should be the same regardless of the physical structure:

To honor the victims;

To recognize the events;

To learn from the past;

And to inspire a desire to make a better future.

When one visits Gettysburg the opportunity to simply walk The Wheatfield as did the Confederates, or crouch behind short stone walls awaiting the charge as did the Yankees is to be transported into the soul of the battle of July 1863.

At Washita, to silently walk the dirt paths the fleeing Indian families took on foot as Custer and his soldiers pursued them on horseback is to experience the horror of November 1868. No museum is necessary.

Whereas the design of a memorial to the events of October 1878 in Posey County should be the result of careful planning with input from numerous persons, the location should be pre-determined. It should be where the murders took place, which was on the campus of our beautiful and historic courthouse.

I respectfully suggest a small area on the southeast corner of the courthouse campus be set aside and that there be medium size stones or marble steles with the names of the victims along with small marble benches where people could sit and absorb the events of 1878 while reflecting on their meaning. Of course, there could be a brief explanation of the events on a historical marker that would match the overall design. However, the design is not as important as the statement we as a community should make by finally publicly recognizing the events.

Why?

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There were telephone calls, personal inquiries and Facebook posts. Thank you everyone! It speaks well for Posey County that people today are taking an interest in recognizing a terrible injustice that previous Posey County citizens committed and perpetuated by silence over one hundred years ago.

I have been a citizen of this fair county since 1976 and have been deeply involved in our legal system. From 1976-79 I served as the Chief Deputy Prosecuting Attorney, from 1979-80 as County Attorney to the Board of Commissioners, from 1976-81 as a practicing attorney, from 1981-83 as judge in what was then the Posey County Court (now the Posey Superior Court) and from 1983 to 2019 as the Posey Circuit Court Judge. And while I will retire as a full-time judge December 31, 2018, the Indiana Supreme Court has appointed me as a Senior Judge for 2019. In other words, I have had and have some responsibility for aiding in the administration of justice in Posey County.

Therefore, I believe it is my duty to help seek justice, at least in memory, for the seven men who were murdered during one week in October 1878. The murderers included two hundred white Posey County men who were aided by the silent complicity of the rest of our citizens. Since I first found out about these murders I have spoken and written about the events. The following is the Preface of my historical novel JUDGE LYNCH! that was published in July 2008.

PREFACE

On March 14, 1990, I spoke to the Posey County Coterie Literary Society in the courtroom of the Posey Circuit Court in Mt. Vernon, Indiana. As a thank you, the Society presented me with William P. Leonard’s History and Directory of Posey County (1882). The presentation was made by the Society’s President, Ilse Horacek. I read the book the following weekend and was struck by three brief paragraphs found at page 101:

“Annie McCool, a white prostitute, was murdered at Mt. Vernon, by some unknown person, in September, 1878. Her murderer was supposed to have been a negro paramour.

Daniel Harris, a negro, on October 11, 1878, shot and killed Cyrus Oscar Thomas, a son of Geo. W. Thomas, Esq., of Mt. Vernon, while the latter was in discharge of his duty as Deputy Sheriff. Harris was indicted by the grand jury at the October term of the Circuit Court in 1878, and at the August term of that court in 1881, the prosecutor, William H. Gudgel, entered a nolle prosequi. It is supposed by some and denied by others that Harris was murdered by the friends of his victim who disposed of his body by means which will forever leave its whereabouts a mystery.

James Good, Jeff Hopkins, Wm. Chambers and Edward Warner, all colored, were hanged October 12, 1878, by a body of unknown men, from trees in the Public Square, at Mt. Vernon for murders and other heinous acts committed by them during that year.”

I could not find any further description of these events that had occurred right outside my court chambers so I contacted Ilse who brought me a copy of the Western Star newspaper of October 17, 1878, that she had pieced together from the microfilm records stored at the Alexandrian Public Library in Mt. Vernon.

As a German child during World War II, Ilse observed firsthand the denial of civil rights by those in power. After marrying a soldier from Posey County whom she met in Germany, Ilse made her home in Mt. Vernon and has always been vigilant in the cause of equal justice for all. Ilse pointed me to other sources for more information.

One thing that I personally observed was the four old hangman’s nooses that are still on display at the Posey County Jail. On May 21, 1992, I took those nooses to be props for a speech I had been asked to give on the 1991 Rodney King police brutality case to our local Kiwanis Club. The reaction of the crowd of business and professional leaders to my comparison of the 1991 case in Los Angeles to the 1878 lynchings in Posey County was a surprise to me. That is when I began in earnest to search through the old court records in the courthouse catacombs and the Indiana State Archives.

I have also written about the events of October 1878 several times over the last few years in my weekly column, “Gavel Gamut”. The column appears in our three Posey County newspapers, The Mt. Vernon Democrat, The Posey County News, and the recently revived Western Star as well as The Carmi Times in Illinois.

Each October for the past three years I have reprised the murders and the cover-up. On numerous occasions I have solicited family diaries or records, such as a copy of the photograph Glenn and Kenneth Curtis saw in the 1950’s. Perhaps this book may help bring out more facts.

The Harrison family is often referred to in news accounts and even court records as Harris. For the sake of consistency, Harrison is used throughout this book.

Much of this novel is rooted in fact. But, because many in the white community of 1878 had good reason to avoid exposure and many in the black community were driven out, I have taken poetic license to tell the story and call for such atonement as may be possible.

Jim Redwine, May 2008

That is WHY. Why NOW you might ask? Because there has been no atonement, no recognition, no justice and no memorial for 140 years. The time is now!