Bedell argues for acquittal, barber charges assault over haircut
Have you ever wondered what life was like in Jacksonville half a century ago? It may have been a different era of history, culture and politics but there are often parallels between the kind of stories that made headlines then and today. As interesting as the differences may be, so are the similarities. These are some of the top stories from this week in 1960. The items were compiled from the Jacksonville Public Library’s periodical archives by Staff Writer Max Marbut.
• The government began wrapping up its case against 14 Raiford State Prison guards who were being tried in federal court, accused of violating the civil rights of 21 prisoners.
An entire day was spent reading depositions from the guards taken by FBI agents into the record, then attorneys argued what portions of the statements should be considered admissible. Of the 13 statements presented, U.S. District Judge Bryan Simpson ruled that only eight would be read to the jury.
The guards’ statements all admitted many of the basic allegations in the indictments charging them with inflicting “torture and abuse” upon the prisoners, including shackling them nude to their cell bars for hours or days and spraying them with a fire hose, but all minimized the punishments meted out and its effects upon the inmates.
The conclusion of the government’s case was signaled when Simpson denied a motion by John Murphy, chief of the litigation section of the Department of Justice’s civil rights division, who was directing the prosecution. Murphy sought to introduce additional testimony alleging the guards conspired to commit the civil rights violations.
Simpson then began hearing motions for judgments of acquittal offered by defense attorney Chester Bedell, who represented 12 of the 14 defendants. Bedell listed 15 grounds, including the contention that the statutes upon which two conspiracy indictments were based were unconstitutional in that they failed to advise the defendants of the accusations against them, contrary to the 6th Amendment.
Bedell also alleged that the evidence introduced by the government had been insufficient to prove the charges against the guards and that no violation of civil rights as defined by the 14th Amendment had been proved. He also argued that it had not been shown that any of the acts attributed to the defendants were committed with the intent to deprive prisoners of their civil rights, that the 14th Amendment does not guarantee convicts such liberties as escaping punishment and that the government had failed completely to show any conspiracy existed among the guards to commit any of the acts charged.
Bedell contended that the government not only had to show that the prisoners had specific rights, which the guards might not infringe, but that the guards had knowledge of those rights and intentionally violated them. He argued that if a guard had no knowledge that a prisoner possessed specific constitutional rights, he could not intentionally deprive a prisoner of those rights.
The government’s position was that the prisoners had been summarily punished without due process of law, in violation of a right guaranteed by the 14th Amendment.
Murphy took issue with Bedell’s inference that the prisoners had not been deprived of due process of law. He argued that there was no exact definition of “due process” and that it was an “evolving thing” based on circumstances. He said it does not mean simply the right to trial by a jury, but the right of a person to be judged and his punishment determined by any law, rule or custom that existed in the specific circumstance.
Murphy pointed out that prison regulations had created a three-man disciplinary committee and procedure required that an inmate charged with an offense had to be brought before that committee, given a hearing and, if convicted, sentenced by the committee. That was “due process of law” at Raiford, he argued, and inmates were deprived of it when guards inflicted summary punishments upon them without action of the disciplinary committee.
The trial would resume Monday.
• Speaking at a luncheon of the Florida Public Relations Association, U.S. Rep. Charles Bennett said he did not believe Russia would control Cuba in 1961, but if it did, it would be the fault of the president of the United States. He said Cuba, like Korea, could become a symbol of American weakness “if things get hot.”
“It is beginning to look to the world as though we have a certain lack of virility when it comes to supporting our principles. I personally feel that we should state our position and take a firm position. I feel that if conclusive proof comes that military establishments are being built in Cuba by an unfriendly power, we should see that a stop is put to it, even if it means sending troops to Cuba,” said Bennett.
• The City Pardon Board met and for the first time in its history, received no applications to free inmates from the City Prison Farm.
Board Chair Ralph Walter attributed the lack of applications to the board’s “strict, well-publicized new rules and our stern attitude on the granting of pardons.”
City Recorder W.C. “Shorty” Almand said it was the first time since the board was formed in January 1952 that it had received no applications.
The board, made up of three City Council members, had adopted new rules when it took office in June. Among them was a rule which stated that no person would be eligible for a pardon unless he had served at least half of his sentence or paid half of his fine, except in cases of emergency or unless it was Christmas.
Although the board had no applications to consider, the members did sign the routine list of inmates who gained their freedom by donating blood to the account of the Fraternal Order of Police in lieu of paying fines ranging from $10-$25. Such lists, involving the most minor offenses, such as being drunk or vagrancy, were signed weekly.
• A warrant charging assault and battery was served on a barber who was accused of striking a customer who objected to a haircut he had just received.
W.C. Rushing, operator of the Florida Theatre Barber Shop at 128 E. Forsyth St., was released on his own recognizance.
Sam Melson, publisher of The Chronicle, a local weekly newspaper, alleged he was struck by Rushing when Melson strongly objected to his sideburns being shaved off.
Melson swore out the warrant before Justice of the Peace Dorcas B. Drake. No trial date was set.
• The apparent winner of about $200 in a poker game ended up losing his winnings and several teeth.
Patrolman T.W. Johnson and Detective Sgt. E.H. Perry said 29-year-old John Lowman told them he was talking to a man in a Main Street bar who asked him if he was looking for a poker game.
Lowman said he agreed to play and was then blindfolded by the man, who drove him in a car for about 10 minutes before stopping. The blindfold removed, Lowman won about $200 at the table, which broke up the game.
Lowman told the officers he was again blindfolded and the man, drove him back to his car, which was parked in the 500 block of Main Street. Back at his vehicle, the victim said he was knocked down and kicked in the face, dislodging several teeth. Lowman said then the assailant took his money and threatened to kill him if he caused any trouble.