Cleveland Chapter of the Congress of Racial Equality:
The 1960s was a very tense time for the American people; African Americans were standing up for their rights that were promised almost a century ago and with that there were people who pushed back and did not like the idea of this change. There was blatant racism that was shown wasn't just towards those who wanted to be treated equally; it was towards all African Americans. In this blog we are going to look at a court records of where the police at the time went far beyond law and what is considered acceptable by todays standards. Victims of police brutality are defendants in trials for seemingly just being victims; there were innocent people who were shot or beat just for being in the wrong place at the wrong time. It was a time in American history that we are not proud of but we must look at study it and not let those who fought this injustice be forgotten.
The 1960s was a very tense time for the American people; African Americans were standing up for their rights that were promised almost a century ago and with that there were people who pushed back and did not like the idea of this change. There was blatant racism that was shown wasn't just towards those who wanted to be treated equally; it was towards all African Americans. In this blog we are going to look at a court records of where the police at the time went far beyond law and what is considered acceptable by todays standards. Victims of police brutality are defendants in trials for seemingly just being victims; there were innocent people who were shot or beat just for being in the wrong place at the wrong time. It was a time in American history that we are not proud of but we must look at study it and not let those who fought this injustice be forgotten.
The point of this document was to get a investigation started to prove the blatant racism within the court system. A representative of CORE (was not identified) wrote to the Bar Association because of this issue was prevalent and no one was speaking out about it. "Silence on part of individual lawyers and groups of the legal profession suggests approval". (Liberties Union 1) This letter was a way to get someone to take notices at the injustice that was going on within the court system at the time; with a trial record attached proving the point they were trying to make as a good place to start the investigation. There was questioning that seem to be irrelevant to the case at hand such as "Q: You hate white people, don't you? A: No. I don't hate white people" (Liberties Union 2) when questions such as those weren't answered satisfactory the would try and trick the African American on the stand into admitting they were racist. "Q: But there is a distinction between my color and your color? Is that what your saying?"" or "Wasn't it my color there training you people?" (Liberties Union 2) The subject of the questioning was supposed to be about a visit from the FBI and there was only one mention of them through the court transcript. This is just one of the many examples of clear and unashamed racism that was displayed within our court system at the time.
Mr. Henry J. Orange (an African American) was on his way to work when he stopped on the wrong side of the road because he noticed some people standing in front of the Lakeview Tavern, he went over to the guy and asked what he was doing, the guy proceeded to slam the door on him. As he was headed back to his car two people approached him with rifles in their hands. He thought they were civilians at the time and he was confused about what was going on. "And so about that the time I was getting to thin what was going on ---- as a matter of fact, I didn't know, and everything busted loose, shooting started, you know, and I fell down in the car and I laid there for about ten minutes, because the shooting lasted about ten minutes" (Orange 74).
After the shooting someone told mr. Orange to get out of there and he took that as a good idea and sat up getting ready to turn on his car. As he did that he was threatened that if he turned on the car he'd be killed. " Somebody told me --- they said 'Best thing you can do is get up and get the hell out of there,' you know, so I raised up and turned the switch on. Just as I got ready to take off, the police hollered on me, across the street, and said, 'if you move that car, I'll blow your goddamned brains out.'" (Orange 74)
After that Mr. Orange did not get out of there, and with in moment shooting started up again, this time Mr. Orange was a victim. He was shot and calling out for help and receiving none for hours. "The Shooting started again. Then about that time I got shot, you know. Then I started ----'he was interrupted with question about who shot him but he didn't see'---- So I went to hollering, 'help me, get me out.' Nobody came, and so I kept hollering so finally it got dark, you know, and the two guys opened the door and the light came on; they closed it back and said, 'stay in there, we'll get you out of this.' Q: Who were these two guys? A: Well, I figured they was detectives, because theu had on suits like mine and yours. They told me to stay, so I laid there about an hour or something. They came back and drug me out of there. Q: You say they drug you out. What di you mean? They pulled you out of the car? A: Yes. I didn't aise up. they pulled me out. Right. I was put right there by the front wheel. I pulled up there to stay about an hour. Finally, they told me to walk across the street and get into the police wagon to go to the hospital." (Orange 74).
After the shooting someone told mr. Orange to get out of there and he took that as a good idea and sat up getting ready to turn on his car. As he did that he was threatened that if he turned on the car he'd be killed. " Somebody told me --- they said 'Best thing you can do is get up and get the hell out of there,' you know, so I raised up and turned the switch on. Just as I got ready to take off, the police hollered on me, across the street, and said, 'if you move that car, I'll blow your goddamned brains out.'" (Orange 74)
After that Mr. Orange did not get out of there, and with in moment shooting started up again, this time Mr. Orange was a victim. He was shot and calling out for help and receiving none for hours. "The Shooting started again. Then about that time I got shot, you know. Then I started ----'he was interrupted with question about who shot him but he didn't see'---- So I went to hollering, 'help me, get me out.' Nobody came, and so I kept hollering so finally it got dark, you know, and the two guys opened the door and the light came on; they closed it back and said, 'stay in there, we'll get you out of this.' Q: Who were these two guys? A: Well, I figured they was detectives, because theu had on suits like mine and yours. They told me to stay, so I laid there about an hour or something. They came back and drug me out of there. Q: You say they drug you out. What di you mean? They pulled you out of the car? A: Yes. I didn't aise up. they pulled me out. Right. I was put right there by the front wheel. I pulled up there to stay about an hour. Finally, they told me to walk across the street and get into the police wagon to go to the hospital." (Orange 74).
During surveillance police officers told an African American officer to "get the hell out of here" before they busted into a tavern. "Under direct examination of Mr. Laure, that there were certain surveillance methods set up that the police could keep particularly this house, 12312 Auburndale, under surveillance? A: Yes"(Liberty Union 135). Once that officer left there was no longer a African American officer in the area. "Q: Did you see any other negro officers in this area on Auburndale when this shooting was going on? A: No, I did not" (Liberty Union 138). Once they were in the tavern they proceeded beating the patrons with their weapons and locking them in a basement while they "investigated" the place for a suspect in a police shooting, this escalated to a point where they police were shooting down into the basement at unarmed civilians. The civilians in this case were the defendants, which is by no far stretch of the imagination a injustice upon our courts and our free people.
The police in this case were carrying their privately owned weapons and where responding to a "shots fired" call. Upon questioning its is reveled that under the regulations they were not allowed to carry their own weapons while on duty; showing that the police involved did care about the rules that were imposed upon them by their superiors. One specific officer tried to cite a old standing order by a retired chief of police to justify his actions that night. "Q: Now, isn't there a rule and regulation in the Cleveland Police Department that prohibits your carrying this kind of weapon on duty? A: I believe, if you will look back to the rules and regulation of the Cleveland Police Department , when Chief Wagner was chief he came out with an order stating we may carry our own weapons in the event of crisis that occurred out there. Q: Now speaking specifically with regard to July 23, 1968, isn't it fact that there was a regulation in existence at he that prohibited your carrying these kinds of weapons on duty? A: Not to my knowledge there were a number." (Liberty Union 141)
The police in this case were carrying their privately owned weapons and where responding to a "shots fired" call. Upon questioning its is reveled that under the regulations they were not allowed to carry their own weapons while on duty; showing that the police involved did care about the rules that were imposed upon them by their superiors. One specific officer tried to cite a old standing order by a retired chief of police to justify his actions that night. "Q: Now, isn't there a rule and regulation in the Cleveland Police Department that prohibits your carrying this kind of weapon on duty? A: I believe, if you will look back to the rules and regulation of the Cleveland Police Department , when Chief Wagner was chief he came out with an order stating we may carry our own weapons in the event of crisis that occurred out there. Q: Now speaking specifically with regard to July 23, 1968, isn't it fact that there was a regulation in existence at he that prohibited your carrying these kinds of weapons on duty? A: Not to my knowledge there were a number." (Liberty Union 141)
Mr. Boros was a 15 year cameraman for NBC news. He received a call at the news desk in Chicago at 8 O'clock at night about a disturbance in Cleveland. He chartered a plane and was in Cleveland around 3am. The information he had was possible riots and a shooting of a policeman. It seemed like race riots were about to start when he arrived but nothing huge at the moment. The next day, he was able to interview a few police officers and two young white 25ish officers stood out. They said not to Mr. Boros but to the whole group there "That how terrible the situation was in Cleveland, you know, the major is no good, and the white young policemen should organize outside of the police department and have a free police force separate from the mayor."(Boros 95) In other words, the police would no longer be responsible to the mayor. Boros made no comment on this matter and just listened.
As Mr. Boros was walking down a street later that day, he saw a group of people with "a lot of police. A lot" (Boros 103) There was a small group of African Americans who were in police custody "Completely surrounded by the police being pushed by their rifles" (Boros 104). When Mr. Boros was about five feet away "This guy jump on me and he throwed the camera away, the way that he jumped on me , I went down, half way on my knees, because, you know, I didn't expect anybody to jump on me, you know, and as soon as he threw the camera I seen more police running there, maybe another five or six, and really started kicking me and using sticks and rifles and the end of the rifles and hitting me, and it was when I felt the first time that I would pass out, because it came very fast and very strong right on my body." (Boros 104) After the first beating they forced Mr. Boros up and continued to punch and beat him.
As Mr. Boros was walking down a street later that day, he saw a group of people with "a lot of police. A lot" (Boros 103) There was a small group of African Americans who were in police custody "Completely surrounded by the police being pushed by their rifles" (Boros 104). When Mr. Boros was about five feet away "This guy jump on me and he throwed the camera away, the way that he jumped on me , I went down, half way on my knees, because, you know, I didn't expect anybody to jump on me, you know, and as soon as he threw the camera I seen more police running there, maybe another five or six, and really started kicking me and using sticks and rifles and the end of the rifles and hitting me, and it was when I felt the first time that I would pass out, because it came very fast and very strong right on my body." (Boros 104) After the first beating they forced Mr. Boros up and continued to punch and beat him.
During the incident at the Lakeview Tavern, a police officer was shot and killed by someone there. Upon examination of the police officers body they found that he had alcohol in his blood and urine at the time of death. The level of his blood alcohol content was high enough that it would seem not only was he drinking while on duty but also at the tavern it self. The police officers alcohol level was 0.25 in his blood and 0.03 in his urine The courts had three different doctors testify their thoughts on the amount of alcohol that was found within the officer. Dr. Corrigan was the first doctor to testify "I think that --- I think it is unwise to even suggest that anybody, anybody performing any duty, particularly a policeman performing official police duties, with blood alcohol level of 0.19 per cent is able to perform those duties. This is a very Significant level' (Corrigan150) Mr. Corrigan gave this testimony before know the level of alcohol that was in the police officer. After finding out he said "My opinion would be even stronger than it was in the other case; obviously, because there is a higher level of urine alcohol and blood alcohol, more particularly, than we found in the case --- I say "we found" --- than the coroner's office found and, as we have discussed in the case of Mr. Golonka, this is a very, a very high level, 0.25 per cent alcohol is." (Corrigan 150) Dr. Corrigan goes on to say "Well, it is a level that would markedly impede an individual's ability to perform. It would markedly alter his ability to handle situations which require any kind of muscular coordination" (Corrigan 150).
As the case went on, other doctors testified and talked about the cause of death which was a gun shot to the chest, however ever a point was re brought up about the alcohol being in the police officers blood. A forensic pathologist said that 0.19 and 0.25 would not affect the function and performance of a person. Dr. Tolliver is questioned about his reaction toward that statement. " Well the reaction is very simple. The reaction is that I find it very hard to understand ---- I find it tragic-comic that any physician, particularly a forensic pathologist, would sit on a witness stand in any kind of criminal case and testify that .019 per cent and 0.25 per cent blood alcohol levels do not affect the function and performance of a man, any man, and particularly a police officer. I find this not humorous, and if anybody was offended I would certainly like to apologize. The smile was a sardonic smile, expressing tragic-comic approach. I just can't accept that because we, in forensic pathology, are always correlating blood alcohol levels to suicides, homicides, automobile accidents, and we know what the levels are and what they do to people, and I can't imagine anybody saying .19 percent and 25. percent would not alter any man's performance - not just a police officer- any man, and the more delicate and sensitive and dangerous his job, the more amount of discretion required of his job, then naturally the more chance there is for there to be an imbalance, a lessening of his ability, his sensory and motor ability to handle this thing" (Dr. Tolliver 152).
In most court transcripts I've been allowed to read from this time the prosecution is trying to everything it can to convince other that the police are never the ones to do something wrong it is everyone else who are in the wrong. But here we have doctors shooting down everything the prosecution is throwing out trying to justify why it was ok for the officer to be drinking on duty.
As the case went on, other doctors testified and talked about the cause of death which was a gun shot to the chest, however ever a point was re brought up about the alcohol being in the police officers blood. A forensic pathologist said that 0.19 and 0.25 would not affect the function and performance of a person. Dr. Tolliver is questioned about his reaction toward that statement. " Well the reaction is very simple. The reaction is that I find it very hard to understand ---- I find it tragic-comic that any physician, particularly a forensic pathologist, would sit on a witness stand in any kind of criminal case and testify that .019 per cent and 0.25 per cent blood alcohol levels do not affect the function and performance of a man, any man, and particularly a police officer. I find this not humorous, and if anybody was offended I would certainly like to apologize. The smile was a sardonic smile, expressing tragic-comic approach. I just can't accept that because we, in forensic pathology, are always correlating blood alcohol levels to suicides, homicides, automobile accidents, and we know what the levels are and what they do to people, and I can't imagine anybody saying .19 percent and 25. percent would not alter any man's performance - not just a police officer- any man, and the more delicate and sensitive and dangerous his job, the more amount of discretion required of his job, then naturally the more chance there is for there to be an imbalance, a lessening of his ability, his sensory and motor ability to handle this thing" (Dr. Tolliver 152).
In most court transcripts I've been allowed to read from this time the prosecution is trying to everything it can to convince other that the police are never the ones to do something wrong it is everyone else who are in the wrong. But here we have doctors shooting down everything the prosecution is throwing out trying to justify why it was ok for the officer to be drinking on duty.
On 7/24/68 a man who has bullet wounds in his left shoulder, left hip and left side. He has injury to the right arm, back and side with extensive injury to mouth and 3 to 5 teeth knocked out by police kicking and beating is arrested. This man is John Pegues, he was called earlier that day by the police telling him that they were coming into his place of business " SGT C: What's going on there? J.P's Answer: They are shooting outside. Nobody in here is armed. SGT C: We are coming in everybody stay down J.P. NOBODY IN HERE HAS ANY GUNS - please tell the officers not to shoot us." (Pegues 46) What happened after that is mind blowing and I'd like to think would never happen today. Mr. Pegues was so badly beaten that his legal aid gave his testimony for him "The police then came in and told everybody to sit on the floor which they did. Shortly after this all the customers and staff were ordered into the basement. After about half an hour the basement door was opened and tear gas thrown down. Police shouted come up." (Pegues 46).
As this was going the police that have commandeered this mans business had a very sinister plan other than just gassing out these poor people who have done nothing wrong. "Client was unarmed with hands up, wearing only short jacket. As he saw police at head of stairs they started shooting (range was about 10 feet) He was hit in the left shoulder, side and hip. He fell and ran back into the basement."(Pegues 47). Mr. Pegues didn't know why they shot he figured it was because "he was first and perhaps the police shift had changed from those who ordered them in the basement" (Pegues 47).
Mr. Pegues was shot and beaten, but when he saw that everyone was being arrested he tried to run while calling for medical help. The police then knocked him the floor and continued to beat him which cause the injury to his right arm, side and face. He was beaten so bad he needed help just to get into up and into the police wagon. Once he was in he was kicked a few more times. He spent a whole day in the prison ward before being released to the Metropolitan General Hospital. Mr. Pegues and others were again the defendant in this case.
As this was going the police that have commandeered this mans business had a very sinister plan other than just gassing out these poor people who have done nothing wrong. "Client was unarmed with hands up, wearing only short jacket. As he saw police at head of stairs they started shooting (range was about 10 feet) He was hit in the left shoulder, side and hip. He fell and ran back into the basement."(Pegues 47). Mr. Pegues didn't know why they shot he figured it was because "he was first and perhaps the police shift had changed from those who ordered them in the basement" (Pegues 47).
Mr. Pegues was shot and beaten, but when he saw that everyone was being arrested he tried to run while calling for medical help. The police then knocked him the floor and continued to beat him which cause the injury to his right arm, side and face. He was beaten so bad he needed help just to get into up and into the police wagon. Once he was in he was kicked a few more times. He spent a whole day in the prison ward before being released to the Metropolitan General Hospital. Mr. Pegues and others were again the defendant in this case.
Unknown. Ruth Turner, Executive Secretary for the Congress of Racial Equality (CORE). 1964-04-09. Cleveland Memory Project. CSU Ohio. 26 March 20017 <http://images.ulib.csuohio.edu/cdm/ref/collection/law/id/2088. >
Rick Reinhard, Contemporary Police Brutality 1990 Civil Rights Teaching 28 April 2017 <http://civilrightsteaching.org/resource/contemporary-police-brutality/ >
Rally at the Department of Justice protesting the Rodney King case and police brutality. Standing on the left are two high school students who left class to join the protest, Sala Patterson (clapping) and Rachel Reinard (w/dark glasses.) Showing that even in the 1990's the American people are still fighting against, what is ether perceived or is in actuality, police brutality and injustice.
Unknown, Sanitation workers' protest in Memphis, TN, 1968 Memphis, TN Endowment of the Humanities 28 April 2017 <https://www.neh.gov/divisions/public/featured-project/exhibition-reveals-the-power-images-in-civil-rights-movement>
This picture shows us that Cleveland, Ohio wasn't the only city that was fighting against oppression and discrimination. During this time in American history cities and towns all around the country were rising up and fighting for equality and civil rights.
Washington, Roxanne, Call and Post newspaper front page, July 23, 1966 The Plain Dealer, Cleveland, OH. Cleveland.com 28 April 2017 <http://www.cleveland.com/metro/index.ssf/2016/07/on_the_50th_anniversary_of_the.html>
The Hough riots were riots in the community of Hough in Cleveland, Ohio that took place from July 18 to July 23 1966. During the riots 4 African-Americans were killed 50 people were injured and 275 arrests were made. There were numerous incidents of arson and firebombing along with small arms fire. In the end the Ohio National Guard was called in to force order over the riots. The government officials blamed African-American nationalists for the riots which increased the racial tension leading to shooting of civilians which made matters worse. This is from a the 50 year anniversary site of the riots, showing how much of a big deal these riots were, not only did they make the front page of the new paper but long after they are done there are websites dedicated to the remembrance of this event in Cleveland's history.
WVIZ part 1 October 1991 "The 60s Remembered": https://www.youtube.com/watch?v=VPkyIana4ro
This video is shows headlines and major news or events for Cleveland 60s. It is acknowledged the time was turbulent and time of change but you don't see much of that in actual new that was being shown in the older news documents that does end up being shown; there is a brief moment where Martin Luther King Jr is brought up but not much more. As this blog has shown that there was a lot of injustice but it would seem that it was something not talked about very often. Which I find surprising.
Ohio History Central. Glenville Shootout. Ohio History Connection. 28 April 2017 <http://www.ohiohistorycentral.org/w/Glenville_Shootout?rec=1600>
On July 23,1968 police officers and a number of African-American individuals confronted each other in Cleveland's Glenville neighborhood. After an hour of violence four African-American individuals and three police officers were killed. This incident was deemed the "Glenville Shootout" and set off 48 hours of additional violence that included looting, arson, and beatings.
This incident and others in Ohio illustrated the lack of opportunity for many people, especially African-American residents of Cleveland during this time. They felt that the government was not meeting their needs; much of the 20th century Cleveland's eastern neighborhoods lacked business development and population declined in these areas. Leaving the those who stated with a sense of hopelessness as their communities declined and those in a position of power failed or abused them.
The Encyclopedia of Cleveland History. Case Western Reserve University. HOUGH RIOTS ech.case.edu 18 July 1997. 28 April 2017 <http://ech.case.edu/cgi/article.pl?id=HR3>
The Hough Riots were a spontaneous outbreak of violence characterized by vandalism, looting, arson, and sporadic gunfire. Although there had been racial disturbances earlier in the summer, these events proved to be more serious and wide spread.
What sparked the riots was a dispute over a glass of water on the evening of 18 July, which escalated until the police were unable to deal with the situation. The events in Hough were part of a national pattern of racial tension and frustration which produced violence in many parts of the country in 1966.
From the research that I have done about the Civil Rights movement not only in Cleveland, but America as a whole, I can say it was a very tense and confusing time from the perspective I grew up with. The fact that people who were clearly victims of police brutality going on trial as the accused to me is something that should've never happened and if it happened in this day and age I would expect there to be a lot of public out cry. With the over use of force from those whose job is to protect it is not a surprised why there were race riots and a call for equality in Cleveland. The factual evidence that I found says that even if they were innocent, bystanders that would not protect them from the injustices and abuse. While I may not agree with the means in which some people acted I can certainly understand why they did it back then. With the tension between those with power and those who felt they did not it and being abused as seen in those court documents was a matter of time until something like the Hough Riots or the Glenville shoot out would happen.
I feel even though that was a time Cleveland's history that wasn't the best by any means it did bring forth some good. There is still police brutality that we have to deal with, between excessive force or killing in cold blood, but we now hold the police more responsible for their action more that ever before. If something like what happened to John Pegues, or Mr. Boros happened today the community would demand the officer be put on trial and no longer serve. We no longer protect those who have taken advantage and abused the power we have entrusted in them because of those who fought such actions in our past.
I do think that Cleveland has came along way sense then, however I feel we have a long way to go, not only holding the police to a higher standard because of the position they are in but everyone. We must insure that we are bettering each other and our communities so that we can make sure no one is ever in a position where they are being abused by those who are to protect us. We also need to improve the court system not only so we have our right to a speedy trial; but to not let those who have the entrusted power use that position to gain the favor of the court and not be punished for any injustice they committed.
Doing this research really opened up my eyes to what can be considered unfair and unjust court and legal system as well as the more common place police brutality that I thought was a thing that rarely happened. I am hopeful that if we keeping taking steps in the right direction and not allowing such actions to be acceptable that it will truly be in the past and not an occurrence we will have to worry about.
I feel even though that was a time Cleveland's history that wasn't the best by any means it did bring forth some good. There is still police brutality that we have to deal with, between excessive force or killing in cold blood, but we now hold the police more responsible for their action more that ever before. If something like what happened to John Pegues, or Mr. Boros happened today the community would demand the officer be put on trial and no longer serve. We no longer protect those who have taken advantage and abused the power we have entrusted in them because of those who fought such actions in our past.
I do think that Cleveland has came along way sense then, however I feel we have a long way to go, not only holding the police to a higher standard because of the position they are in but everyone. We must insure that we are bettering each other and our communities so that we can make sure no one is ever in a position where they are being abused by those who are to protect us. We also need to improve the court system not only so we have our right to a speedy trial; but to not let those who have the entrusted power use that position to gain the favor of the court and not be punished for any injustice they committed.
Doing this research really opened up my eyes to what can be considered unfair and unjust court and legal system as well as the more common place police brutality that I thought was a thing that rarely happened. I am hopeful that if we keeping taking steps in the right direction and not allowing such actions to be acceptable that it will truly be in the past and not an occurrence we will have to worry about.
