Legal Progress Noted in Danville, Virginia

    PRESS RELEASE (59) 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TOCOLUMBUS CIRCLE + NEW YORK19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY 
President Director-Counsel Associate Counsel 

LEGAL PROGRESS NOTED 
IN DANVILLE, VIRGINIA 

February 17, 1964 

DANVILLE, VA.--A marked change in the outcome of cases involving 
Negro civil rights demonstrators in this hard core segregation city 
has occurred since intervention of NAACP Legal Defense Fund attorneys. 

While some defendants continue to be convicted, many acquittals 
have occurred and many p ecutions are being dropped. Legal Defense 
Fund attorneys are appealing the cases of those defendants who have 
been convicted. 

115 cases--last of 600 arrests here last spring, summer and 
fall--will be taken to the Virginia Court of Appeals later this month, 

The new trend evolved in this manner: 

*Monday, January 27: 16 demonstrators tried and convicted for 
parading without a permit. All, except one who proved that he 
marched only one block, received brief jail terms, 

*Tuesday: NAACP Legal Defense Fund team, headed by Assistant 
Counsel Julius Chambers, took part in the trial of the demonstra- 
tors. A five man jury was empaneled for the first time, Judge 
Aiken withheld sentencing,for the first time, until the following 
Saturday when charges against five were dropped, 

*Wednesday: Eight demonstrators, charged with 33 violations, 
were set free following Legal Defense Fund motion, 

*Thursday: Three additional demonstrators, charged with single 
counts, went free when Judge Aiken sustained Legal Defense Fund 
motion asking that evidence be stricken. 

City attorneys, noting this ruling, asked the Court to throw 
out 30 similar counts against five more demonstrators. 

These recent developments, spearheaded by Mr, Chambers and 
Legal Defense Fund Cooperating Counsel Ruth Harvey Wood and Jerry L, 
Williams, both of this city, are in direct contrast to what trans- 
pired here a few months ago. 

Legal efforts, at that time, were unsuccessful. 

A highpoint of horror erupted on the evening of June 10th when 
48 out of 50 civil rights demonstrators conducting a prayer vigil 
were sent to the all-Negro hospital by police action alone. 

Men, women and children were first knocked to the ground with 
highpowered firehoses. The officers of the law then moved in with 
nightsticks. 

The results were a series of "broken heads, fractured noses and 
wrists, contusions, bruises, lacerations and, in some instances, 
lasting injury to sight and hearing," according to the statement of 
facts presented to the U.S. Fourth Circuit Court of Appeals. 

Three Negro doctors and a number of nurses worked all night 
treating the injured, only one of whom was arrested, "for resisting 
arrest" when he crawled under a parked auto to escape the flailing 
nightsticks. 

Demonstrations began when city officials refused to ay nen 
more 



Legal Progress Noted -2- February 17, 1964 
In Danville,Virginia 

and discuss racial grievances with leaders of the Negro community 
last spring and summer, 

Danville, which hag 50,000 citizens, one third of whom are 
Negro, was completely geeeetere® up to fout years ago when sit-ins 
and court action integtated the tax-supported public library. 

This was accomplished on a "stand-up" integrated basis since 
city officials removed all seats and tables. The public park and 
some lunch counters have since followed. 

But, at present, all hotels, motels, theaters, hospitals, golf 
courses, bowling alleys, public recreational facilities, government 
housing projects, drive-in movies, most churches and restaurants 
and almost all public schools, are segregated. This pattern holds 
true for all public functions. 

The first contempt cases against civil rights demonstrators, 
the result of a hastily passed "get tough law" came up June 17th. 

However, before the first 34 cases could be heard, an order was 
secured by attorneys, removing these cases to the U.S. District 
Court for the Western District of Virginia. 

The same Judge Aiken insisted on trying the cases in Danville. 

These proceedings were conducted in a climate of tension and 
terror. The public was excluded. 40 armed state troopers and 
local officers ringed the courtroom, 

Judge Aiken was escorted into the courtroom by armed bodyguards, 
although there was no record of violence from the Negro community. 

He was also armed and later admitted to City Councilman John 
W. Carter, "I didn't wear any revolver on the bench, I wore it in 
a holster going home at night and coming to work in the morning." 

Judge Aiken wore the weapon for what he called "protection" 
even though he admitted that he had received no direct threats. 

The segregationist inspired climate of tension was further 
flamed when attorneys for the defendants were searched and photo- 
graphed by local policemen. 

During the June trial of Ezell Barksdale, later cleared on 
other charges by Legal Defense Fund attorneys, Judge Aiken refused 
to raise or litigate any constitutional questions; refused to let 
one former defense attorney participate in the trial; and cut off 
pertinent cross examination. 

When the trial ended, Judge Aiken read his opinion from two 
typewritten pages, which he later admitted had been prepared in 
advance of the trial. 

"I don't know just when I wrote it," the Judge said. “I wrote 
it after considerable study because I thought that a question like 
that might come up and I gave it careful study," 

Defendant Barksdale received 90 days jail with no bail, with 
45 days suspended and a fine of $25,00, He was immediately taken 
to the county farm, 

oaeller’