Justice in Georgia By Elbridge Colby

 Justice in Georgia By Elbridge Colby

Justice in Georgia By Elbridge Colby IN the town of Americus, Georgia, there is temporarily quartered a portion of Company K, 24th Infantry (colored), of the regular army. These doughboys have left their rifles and soldierly equipment many miles away and are temporarily in Americus to dig iron pipe out of the site of the now-abandoned Southern Field for transport and reinstallation in Fort Benning, where the wooden water mains are rotting away. On September first of last year a white night watchman in a lumberyard had his "dinner" brought at about ten o'clock by his wife and child. They came down a street through the Negro section of the town, past a crowd of Negroes congregated in front of a dance hall; as far as can be discovered they were not molested or accosted in any way. About an hour later, the family of three walked up the street, on a sidewalk eight feet ten inches wide. On the curb, with his back to the sidewalk, talking to another colored soldier of the same regiment, stood Private Smith, known as one of the best-dressed and best-behaved men in the 24th Infantry; he was wearing the uniform of the United States Army. The night watchman, named E. J. Fulbright, kicked him from behind in that part of the anatomy usually employed for seating purposes, kicked him into the road, and exclaimed: "Get off the sidewalk." The sidewalk, you will recall, was eight feet ten inches wide. The kicker declares that the soldier turned and said: "Who's going to make me?" Six other witnesses declared that Smith said nothing. In any event, Smith was unarmed. He made no threatening gesture. And yet night watchman Fulbright drew a gun and shot the soldier dead on the spot. Although the offender was indicted he was not kept in jail in spite of the charge of murder against him. Three months later came the trial. The general argument for the defense was to the effect that the jury knew the law and knew they were sworn to defend the law, and that any Southern gentleman would have done the same as did the kindly family man named Fulbright. Great stress was laid on the fact that this was a "Northern nigger" hailing from Montclair, New Jersey. A Mr. Fort, serving as attorney for the defense, recited the events of the years from 1860 to 1865 with many oratorical flourishes. He even referred with tender feelings to "our sainted and beloved commander, General Robert E. Lee." Late in November another colored soldier had visited his permanent station at Fort Benning and while there had stolen an army automatic. At the time of the Fulbright trial he was in custody of the sheriff for carrying concealed weapons, and was also awaiting trial by a court martial for the pilfering of the pistol. Neither he nor his offense had anything to do with the Fulbright case. Yet, because the prosecution might emphasize the fact that Company K at Americus was unarmed and doing fatigue work, he was brought into court by the sheriff and seated near the jury, with the automatic dangling conspicuously. His name was not mentioned. No apparent reason existed for his appearance in that court at that time except a desire to prejudice the jury. The proceedings of the court were signalized by the tremendous amount of chewing and spitting of tobacco that went on, and by the fact that all windows were kept tightly closed, just as if there were a law in Georgia that courts must suffocate justice with foul air. Some officers of the army, legal advisers and higher commanders of the killed soldier, came to court to listen to the proceedings, wearing the uniforms which all officers are supposed to wear when on duty. Their uniforms brought forth many a slurring remark about "those damned Northern officers." It was observed, by persons present, that the watchman accused of murdering the soldier had an intelligence and an appearance far below that of the average Negro soldier in the army. It was thought by some that the mat and soldierly appearance of Private Smith might possibly have been the provocation of the attack. The verdict? Is there any question that an attack upon a Negro soldier would result in such a court and in such a community and in such a State —in anything but an acquittal?* "Justice in Georgia". The Nation. 123 (3184): 32–33. 1926-07-14.

Updated Nov 06, 2020 12:55:26am

Nov 07, 2017 2:00:18pm