Introduction 1. Interview with Ernest Withers, June 14, 2001. I Did Not
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Notes Introduction 1. Interview with Ernest Withers, June 14, 2001. I did not taperecord my conversation with Withers and, therefore, will not use quote marks around my recollections of what he said. 2. Christopher Waldrep, Roots of Disorder: Race and Criminal Justice in the American South (Ur- bana: University of Illinois Press, 1998). 3. W. Fitzhugh Brundage, in Lynching in the New South: Georgia and Virginia, 1880–1930 (Ur- bana: University of Illinois Press, 1993), 292, concedes that all definitions of lynching are “arbitrary.” Philip Dray, in At the Hands of Parties Unknown: The Lynching of Black America (New York: Random House, 2002), viii, writes that the term has “always been some- what ambiguous.” 4. Stewart E. Tolnay and E. M. Beck, A Festival of Violence: An Analysis of Southern Lynchings, 1882–1930 (Urbana: University of Illinois Press, 1995), 260. 5. Annotation by “TM” on Walter White memorandum to Marshall and Wilkins, De- cember 16, 1946, box A407, group II, NAACP Papers (Library of Congress, Wash- ington, D.C.); annotation by “TM” on Ferle Hoffman memorandum to White and Marshall, December 23, 1946, ibid. 6. Julia E. Baxter to legal department, June 4, 1947, box A407, group II, NAACP Pa- pers; Marian Wynn Perry to Walter White, June 11, 1947, ibid. 7. Julia E. Baxter to Walter White, January 3, 1948, box A407, group II, NAACP Papers. 8. For the sexual or patriarchal control argument, see Joel Williamson, The Crucible of Race: Black-White Relations in the American South Since Emancipation (New York: Oxford Uni- versity Press, 1984); Walter White, Rope and Faggot: A Biography of Judge Lynch (New York: Knopf, 1929); Glenda Elizabeth Gilmore, Gender and Jim Crow: Women and the Politics of White Supremacy in North Carolina, 1896–1920 (Chapel Hill: University of North Carolina Press, 1996); Martha Hodes, White Women, Black Men: Illicit Sex in the 19th-Century South (New Haven: Yale University Press, 1997); Jacquelyn Dowd Hall, Revolt Against Chivalry: Jessie Daniel Ames and the Women’s Campaign Against Lynching (New York: Columbia University Press, 1993). For the economic or social control argument, see John Dollard, Caste and Class in a Southern Town (1937; revised ed., Garden City: Doubleday, 1957); Brundage, Lynching in the New South: Georgia and Virginia, 1880–1930; Stewart E. Tolnay and E. M. Beck, A Festival of Violence; Carl Hovland and Robert R. Sears, “Minor Studies of Aggression: Correla- tion of Lynchings with Economic Indices,” Journal of Psychology 9 (May 1940): 301–310; Alexander Mintz, “A Re-Examination of Correlations Between Lynchings and Eco- nomic Indices,” Journal of Abnormal and Social Psychology 41 (April 1946): 154–165. 194 THE MANY FACES OF JUDGE LYNCH 9. Tolnay and Beck, A Festival of Violence. 10. Trudier Harris, Exorcising Blackness: Historical and Literary Lynching and Burning Rituals (Bloomington: Indiana University Press, 1984), 1–28; Leon Litwack, Trouble in Mind: Black Southerners in the Age of Jim Crow (New York: Knopf, 1998), 285. 11. Harry K. Thaw, The Traitor: Being the Untampered With, Unrevised Account of the Trial and All that Led to It (Philadelphia: Dorrance and Co., 1926), 11, 141–145; Vicksburg Evening Post, February 20, 1907. 12. Harris, Exorcising Blackness, 69–94, (quotation from 70). 13. Shirley Wilson Logan, “We Are Coming”: The Persuasive Discourse of Nineteenth-Century Black Women (Carbondale: Southern Illinois University Press, 1999), 1–22, 70–97; Ericka M. Miller, The Other Reconstruction: Where Violence and Womanhood Meet in the Writings of Wells-Barnett, Grimke, and Larsen (New York: Garland, 2000), 1–56; Gavin Jones, “‘Whose Line is it Anyway?’ W. E. B. Du Bois and the Language of the Color-Line,” in Judith Jackson Fossett and Jeffrey A. Tucker, eds., Race Consciousness: African-American Studies for the New Century (New York: New York University Press, 1997), 19–34; Jacquelyn Dowd Hall, Revolt Against Chivalry, 150. 14. James H. Madison, A Lynching in the Heartland: Race and Memory in America (New York: Pal- grave, 2001). 15. CNN Breaking News, transcript, September 11, 2001; All Things Considered, National Pub- lic Radio, September 11, 2001. 16. Peter Novick, The Holocaust in American Life (Boston, New York: Houghton Mifflin, 1999), 3–7, 127–133; Jon Petrie, “The Secular Word ‘Holocaust’: Scholarly Sacraliza- tion, Twentieth Century Meanings,” http://www.berkeleyinternet.com/holocaust/; David P. Boder, I Did Not Interview the Dead (Urbana: University of Illinois Press, 1949); Donald L. Niewyk, Fresh Wounds: Early Narratives of Holocaust Survival (Chapel Hill: Uni- versity of North Carolina Press, 1998), 1–23. 17. National Center for Health Statistics, “International Comparative Analysis of Injury Mortality: Findings from the ICE on Injury Statistics,” http://www.cdc.gov/nchswww; 1998 Demographic Yearbook (New York: United Nations, 2000), 482–505; Crime in the United States: Uniform Crime Reports (Washington: U.S. Government Printing Office, 2000), 13. 18. Spencer C. Tucker, ed., Encyclopedia of the Vietnam War: A Political, Social, and Military History (Santa Barbara: ABC-Clio, 1998), 3:1093. 19. Richard Maxwell Brown, “Legal and Behavioral Perspectives on American Vigilan- tism,” Perspectives in American History 5 (1971): 95–144; idem, Strain of Violence: Historical Studies of American Violence and Vigilantism (New York: Oxford University Press, 1975); David Hackett Fischer, Albion’s Seed: Four British Folkways in America (New York: Oxford University Press, 1989); Bertram Wyatt-Brown, Southern Honor: Ethics and Behavior in the Old South (New York: Oxford University Press, 1982); Kenneth S. Greenberg, Honor and Slavery: Lies, Duels, Noses, Masks, Dressing as a Woman, Gifts, Strangers, Humanitari- anism, Death, Slave Rebellions, the Proslavery Argument, Baseball, Hunting, and Gambling in the Old South (Princeton: Princeton University Press, 1996); Edward L. Ayers, Vengeance and Justice: Crime and Punishment in the 19th-Century American South (New York: Oxford University Press, 1984); Grady McWhiney, Cracker Culture: Celtic Ways in the Old South (Tuscaloosa: University of Alabama Press, 1988); Dickson D. Bruce, Jr., Violence and Culture in the Antebellum South (Austin: University of Texas Press, 1979); David T. Courtwright, Violent Land: Single Men and Social Disorder from the Frontier to the Inner City (Cambridge: Harvard University Press, 1996); James Elbert Cutler, Lynch-Law: An In- vestigation into the History of Lynching in the United States (1905; reprint ed., Montclair: Pat- terson Smith, 1969). 20. Richard Maxwell Brown, No Duty to Retreat: Violence and Values in American History and Soci- ety (New York: Oxford University Press, 1991). NOTES 195 21. Ironically, police officers sometimes create communities where extralegal violence is tolerated and even expected. One retired officer remembered that “one rule I learned was that any suspect who assaulted a police officer in any way was never supposed to be able to walk into the station house on his own. He was supposed to be beaten so badly that he couldn’t walk.” Police officers who did not follow this rule were ad- monished by colleagues and sometimes by superiors. Lieutenant Arthur Doyle, “From the Inside Looking Out: Twenty-Nine Years in the New York Police Department,” in Jill Nelson, ed., Police Brutality: An Anthology (New York: Norton, 2000), 173. Chapter One 1. San Francisco Chronicle, August 1, 2001; London Independent, November 26, 2000; London Daily Telegraph, February 6, 2001. For lynching outside its American context, see Roberta Senechal de la Roche, “The Sociogenesis of Lynching,” in W. Fitzhugh Brundage, ed., Under Sentence of Death: Lynching in the South (Chapel Hill: University of North Carolina Press, 1997), 51. 2. Haller Istvan, “Lynching Is Not a Crime: Mob Violence Against Roma in Post- Ceauscescu Romania,” European Roma Rights Center Newsletter (Spring 1998): http://www.netsoft.ro/proeuro /HRO/Roma.htm. 3. William Beik, Urban Protest in Seventeenth-Century France: The Culture of Retribution (Cam- bridge: Cambridge University Press, 1997), 2–6. 4. Virginia Gazette (Purdie and Dixon), January 26, 1769. 5. Roberta Senechal de la Roche, “Why is Collective Violence Collective?” (paper pre- sented at the Annual Meeting of the American Society of Criminology, San Diego, November 1997). 6. Francis J. Grund, The Americans in their Moral, Social, and Political Relations (1837; reprint ed., New York: Johnson Reprint, 1968), 178–180. 7. Hubert Howe Bancroft, Popular Tribunals (San Francisco: History Co., 1887), 1:1–2. 8. Bancroft, Popular Tribunals, 6–7; James Elbert Cutler, Lynch Law: An Investigation into the History of Lynching in the United States (1905; reprint ed., New York: Negro Universities Press, 1969), 13–17. 9. Bancroft, Popular Tribunals, 1:2–7. Although Bancroft cited the extensive history of ex- tralegal violence to justify lynching, he was not necessarily wrong in reporting its ex- tent. Early-twentieth-century opponents of lynching commonly held that only Americans lynched, when, in fact, crowd violence of the sort usually labeled lynching was hardly limited to the United States. Without using the term, Ancient Romans and Greeks lynched, as have Africans, Chinese, and Native Americans. Lynching as a practice was truly a worldwide phenomenon. Senechal de la Roche, “The Sociogenesis of Lynching,” in W. Fitzhugh Brundage, ed., Under Sentence of Death, 51. See also Bancroft, Popular Tribunals, 2–6. 10. The National Cyclopedia of American Biography (New York: John T. White, 1962), 45:119. 11. Cutler, Lynch Law, 13–15, 267. 12. Cutler, Lynch Law, 268–269. 13. Jefferson to William Campbell, July 3, 1780, in Thomas Jefferson, The Papers of Thomas Jefferson, ed. Julian P. Boyd (Princeton: Princeton University Press, 1951), 3:479. 14. “Lynch’s Law,” Southern Literary Messenger 2 (May 1836): 389; “Lynch Law,” Harper’s Monthly 18 (May 1859): 795. 15. Louise Phelps Kellog, ed., Frontier Retreat on the Upper Ohio, 1779–1781 (Madison: Wis- consin Historical Society, 1917), 24. 16. William Preston to Thomas Jefferson, March 1780, in Kellog, ed., Frontier Retreat on the Upper Ohio, 143.