Tag Archives: Communist Party

Paddy Whalen & the Midnight March of the Baltimore Brigade

4 Feb
Baltimore Union Leader Patrick B. “Paddy” Whalen: 1938 ca.

Patrick B. “Paddy” Whalen

By Daniel Hardin

On January 17, 1937, hundreds of striking seamen hiked down U.S. Route 1 from Baltimore, Maryland to Washington, D.C. on what became known as the Midnight March of the Baltimore Brigade.

The insurgents within the International Seamen’s Union (ISU) were on the ropes and desperate action was needed to save their rank-and-file caucus.

The strike began in early November in sympathy with West Coast waterfront workers. It was led by a rank-and-file committee within the ISU that challenged the legitimacy of the ISU itself.

However, by Christmas 1936 ships were leaving Baltimore harbor with full crews, and on January 14 other waterfront unions called off their strikes and ordered their members to return to work.

Only one person could have rallied the Baltimore strikers after two months of privation and the desertion of other waterfront unions. That was Patrick B. “Paddy” Whalen.

Paddy Whalen

Whalen was born in 1884 and followed his father into the locomotive engineers’ union. Whalen apparently had conflicts with the railroad companies and began a wandering period that ended with him finding work in the engine rooms of merchant ships.

Patrick B. Whalen Mug Shot: 1937 ca.

Undated mug shot of Patrick B. “Paddy” Whalen.

Whalen sailed out of New York on one of the merchant ships in the early 1930s, and Charles Rubin, a communist seaman, shipped out with him. According to The Log of Rubin the Sailor, Rubin was fascinated by Whalen’s knowledge of radical labor groups like the Knights of Labor, the Molly McGuires and the Wobblies.

Rubin recruited Whalen into the militant, communist-aligned Marine Workers Industrial Union (MWIU) and later into the Communist Party (CP) itself. Whalen rose quickly as a leader among the seafarers. When the CP broke up the MWIU and sent its activists to work within the International Seamen’s Union, Whalen became a leader in the rank-and-file caucus.

The anti-communist Bella Dodd described Whalen in her book School of Darkness:

Paddy Whalen best represented the picturesque elements among the Communists of that era. He was a little Irishman, the mayor of Hooversville as they named this town of shanties over on the Jersey flats. He had piercing black eyes. He drank too much and ate too little. In his way, he was dedicated to the labor movement, having once been an IWW…

Paddy Whalen came from the Middle West. Once a Catholic, he argued doctrine with priests yet begged help for strikers from men of all faiths. As mayor of a pathetic heap of boxes and tins, he wore with great dignity a hand-me-down black derby and an overcoat which reached his heels.

In late 1934 or early 1935 he moved to Baltimore and quickly became the head of the rank and file caucus within the ISU. Duke Avnet, a left-wing Baltimore labor lawyer, remembered Whalen:

He ran sentences together. He mispronounced words; he committed malapropism. He cussed profusely. His grammar was a classic of mistakes. But his thinking was clear; and he knew the seamen and their problems.

The Strike

The strike on the East Coast began in early November and was briefly supported by nearly the entire waterfront.

Striking Seamen Register for March on DC: 1937

Baltimore ISU headquarters during 1936-7 strike.

When the impeccably dressed Joseph McCurdy, president of the Baltimore Federation of Labor, sided with the ship owners in seeking an injunction, Whalen spoke to a rally and “denounced labor leaders who had ‘ritzy’ lifestyles and insisted on wearing ‘clean shirts,’” according to Vernon Pederson’s The Communist Party in Maryland 1919-57,

Whalen told the crowd, “I have been involved in strikes for years and I have slept in flophouses, under viaducts and in jails—with my comrades. We have no money, and to win this strike every man must expect to suffer the hardships of his fellows.”

At a crucial point in the strike, the International Longshoremen’s Association (ILA) local unions briefly joined in. Thousands of striking workers chased ILA President Joe Ryan back to his car when he tried to speak against the strike.

But, in the days that followed, ILA locals met separately and Ryan’s supporters were able to sway the workers to vote against officially joining the strike.

As the strike crumbled in early 1937, Whalen sought to save the insurgency from an outright defeat and preserve the Baltimore section of the organization that he led.

 Fink Books

The opportunity came as Congress was considering ship owners’ legislation that would establish a single discharge book to be filled out by each ship captain after each voyage.

Baltimore Soviet Marches on Washington: 1934

“Baltimore Soviet” marches on D.C. in 1934

Up to this point, individual discharge papers from each tour had been issued by the ship captains. Union seamen viewed the proposed single discharge book as an attempt by ship owners to blacklist them since one captain who didn’t like a maritime worker could smear them on a single discharge book. The legislation was called the Copeland Safety at Sea Act.

Also pending was a National Labor Relations Board decision on whether the rank and file caucus could challenge the ISU during federally supervised elections to represent the seamen.

It’s not clear who came up with the idea for a march on Washington but it may have been Al Lannon, a national leader of the rank-and-file committee. Lannon had previously led the Baltimore MWIU in the early 1930s and had organized a small march on Washington in 1934 demanding continued disbursement of federal relief funds through the union instead of outside organizations that were feathering their own nests.

As a result of agitation by the MWIU the disbursement of funds through the so-called “Baltimore Soviet,” continued for another year. The “Soviet” provided beds, food, barbers and other services for waterfront workers during the toughest early years of the Great Depression.

 The Midnight March

Whether it was Whalen’s or Lannon’s thoughts that led to the march, Whalen took it up with enthusiasm and the idea captured the imagination of seamen up and down the ports on the Atlantic and Gulf coasts.

Seamen March in Rain in D.C. Protest #2: 1937

The “Midnight March of the Baltimore Brigade.”

Elizabeth Fee wrote in The Baltimore Book:

Calling it the Midnight March of the Baltimore Brigade, Whalen led hundreds of seamen and supporters from other unions along U.S. Route 1 through a day and night of rain and slush to the nation’s capital.

There they were joined by several thousand more demonstrators, and pickets were thrown around the Department of Commerce as well as the Capitol. The seamen visited all the principal department heads in government. One delegation even went to President Franklin Roosevelt in the White House.

With the momentum of the march, Baltimore’s striking seamen voted to end the 87-day strike, obtaining wage increases for the sailors, according to Jo Ann Argersinger in the Maryland Historical Magazine.

Shortly afterward the NLRB ruled in favor of the caucus meeting the definition of a union under federal law. The rank-and-file committee in turn established itself as the National Maritime Union (NMU) and quickly challenged the ISU, winning representation in 56 of 67 companies where elections were held.

As a result of the new power on the waterfront, the Copeland Safety at Sea Act was amended to permit either single discharge papers or new books to be utilized—effectively preventing ship owners from blacklisting union supporters.

A sweeping victory had been snatched from the jaws of defeat.

Seamen’s Solidarity

Seamen Arrested in DC Protesting Nazi Regime: 1936

Striking seamen protesting the Nazi regime are arrested outside German embassy in 1936.

The camaraderie of the sailors at sea proved a great recipe for union members in port.

During the strike, the rank-and-file committee adopted a resolution to “treat all seamen as brothers and on an equality” basis regardless of race or color according to Argersinger. A cook of Chinese descent, who was barred by West Coast waterfront unions from membership, was taken in by Whalen and his union.

Argersinger wrote that Whalen set up a “court of justice” with fines and punishments for crimes ranging from drunkenness to scabbing—the most serious offense. The “Baltimore Soviet” services were replicated with rooms, food service and organized exercise. Differing ethnic groups were encouraged to play instruments and sing their songs for all.

Elisabeth Gilman, a social democrat from Baltimore, said the strike was “the most orderly and best conducted I have ever seen.”

 Fight for Integrated Crews

Striking Seamen Stage Guerilla Theater: 1937 (2)

The Baltimore NMU fought for integration.

When the NMU was officially formed in 1938, its constitution prohibited discrimination. Andor Skotnes in New Deal for All? quotes the lawyer Avnet relating an incident where Whalen put teeth into this provision:

The Captain of the vessel phoned and complained that some of the crew members were not satisfactory. There were three Negro members who had been assigned to the deck and engine departments. Previously Negroes had been segregated on the ships to the steward’s department only.

Pat [Whalen] held his ground and refused to withdraw these three crew members. Shortly afterward, the crew itself arrived at the union hall and [the white crew members] announced that they would not sail with Negroes.

Whalen called a general membership meeting for that night to try the white crewmembers for undemocratic conduct. During this meeting several seamen of color spoke against the white crew’s actions, and a number of whites spoke in favor of it. Whalen took the floor and harangued the membership on how racism created a reservoir of strikebreakers and how the enemy ISU had always stood for Jim Crow.

He spoke of trade union democracy where all were equal regardless of race, color or creed, and shook his head and vowed sadly that the new union would be better dead aborning than to follow in the old ways…The men understood him and the membership voted the crew either sail with Negro members or that they should turn in their union books.

Some books were thrown on the table. But the ship sailed with a mixed crew and this policy has since largely prevailed in the port of Baltimore.

 The Broader Fight

Striking Maritime Workers Protest Discharge Papers: 1937

Women were also members of the NMU: Elsa Landstrom, a striker at the Midnight March.

Elizabeth Fee cited a George Meyers account of how Whalen also fought for integration on the Baltimore waterfront:

The National Maritime Union always worked integrated crews, and we’d go into a waterfront bar and order up a bottle. The bartenders would serve the white seamen and refuse to serve the others because, they said, it was against the law.

So Paddy’s guys would pick the bottle up and throw it into the mirror…and that was the way the waterfront was integrated. After that, anyone could be served with no problem.

Whalen didn’t confine the fight against segregation to the waterfront. In one of the largest community based campaigns in the pre-World-War-II period, the CIO sent representatives into community meetings to raise its own demands such as housing for black workers at Bethlehem Steel and other mills, factories and shipyards.

Andor Skotnes in New Deal for All? writes:

On one occasion in 1939, Patrick Whalen, head of the Baltimore Industrial Union Council, silenced a hostile white crowd at a public meeting with a passionate defense of public housing for all. The nature of the coalition emerging in the new housing movement is evident in the committee formed in northwestern Baltimore, which included representatives from the NAACP, the NNC, BUL, the CIO and social liberal groupings. Both Lillie Jackson of the NAACP and Albert Blumberg of the Communist Party were among its leaders.

 Whalen as Port Agent

Whalen was the port agent (principal union representative) for NMU in Baltimore from 1937-42 and was known for his brash and confrontational style.

Seamen Return to DC Protesting Scab Certificates: 1939

Baltimore NMU banner at 1939 march on D.C.

In a 1987 interview for the Baltimore Neighborhood Heritage Project, African American seaman Neville Sutherland recalled Whalen having a telephone conversation with Governor Harry Nice:

He wanted the governor to give something, and the governor said it can’t be done…You get him on the goddamn phone, this is Patrick Beeway Dubiss [Whalen]. So, when he got out,he told him what he wanted, and the governor said to the guy it can’t be done. He [Whalen] says, Oh, it’s gonna be done, don’t tell me what can’t be done. He [Whalen] said you full of shit, he says…that’s the way he talked [and] he [Whalen] got it.

Whalen would lead his seamen to return to Washington, D.C. at least two more times in 1938 and 1939 to demand strict procedures for issuing sailors’ certificates. As the NMU conducted strikes against particular shipping lines, the ISU or ship owners would try to bring strikebreakers aboard. The protests at the Commerce Department demanded the department halt what the NMU said was a practice of issuing certificates to unqualified scabs while denying qualified union supporters the certificates.

Maritime Union Leader Held on Gun Charges: 1938

Whalen arrested in New Jersey on weapons charges.

During this period, Whalen had his share of enemies. While en route to a meeting of the national union in New York City, Hudson County police stopped the vehicle he was riding in and arrested him and four others for carrying “concealed and dangerous weapons.”

Questions immediately arose about how the police came to know that Whalen was riding in this particular vehicle that held weapons. Speculation turned to Joseph Curran, the NMU president, who was allegedly jealous of other leaders in the union. Neville Sutherland ventured:

Actually, Colonel [Curran] was afraid of Patrick Whalen, see. And Colonel [Curran] was a big rat too, [Inaudible word(s)] Patrick leave here. Patrick Whalen was a very small man, a very, very, very, small man, see; must’ve weighed about 105 pounds, 110 pounds.

And he’d leave from here, and he knew that Patrick Whalen had a gun in the car, see. That Patrick Whalen didn’t take shit from nobody and he called the Jersey police up, and notified them that he was coming and he had it and when he hit the Jersey line, they pulled him up and they got him in the car there.

Charges were later dropped and the incident, if anything, boosted Whalen’s standing among the workers.

Whalen as a Communist

Whalen made no secret of his communist beliefs. The Russian revolutionary Vladimir Lenin wrote in What is to be Done? that the communist’s “…ideal should not be the trade union secretary, but the tribune of the people, who is able to react to every manifestation of tyranny and oppression, no matter where it appears…”

Alice Neel Portrait of Paddy Whalen: 1935

Alice Neel portrait of Paddy Whalen holding a copy of the Daily Worker.

Paddy Whalen seemed to somehow embody both. The artist Alice Neel, who painted Whalen in 1935 with a copy of the Communist Party’s Daily Worker and two clenched fists, said of Whalen, “Patty Whalen was the organizer on the waterfront…He was just an ordinary Irishman except for one thing: He was absolutely convinced of communism, and he could convince other longshoremen…”

Whalen hated fascism and during the 1936-7 strike, Whalen organized 50 seamen to travel to Washington, D.C. to picket the German embassy in support of seaman Lawrence Simpson who was charged by the Nazis with subversion.

While drumming up support for the 1936-37 strike, Whalen also went on a recruiting sortie for the Maryland Communist Party to Cumberland, Md. where he met and recruited labor leader George Meyers. Meyers led the unionization of the Celanese Mills, where 10,000 workers were employed. Meyers later became head of the Maryland Industrial Union Council, the state arm of the Congress of Industrial Organizations (CIO).

Meyers also went on to head the Md.-D.C. Communist Party, was jailed for three years during the McCarthy era, and later headed the CP’s National Labor Commission, demonstrating Whalen’s effectiveness in winning others to his ideas.

 Killed by Nazi Submarine

SS Illinois  - Ship Where Whalen was Killed: 1942

S.S. Illinois

When the Japanese bombed Pearl Harbor in December 1941 and the Nazi regime in Germany declared war on the U.S. a few days later, the Communist Party asked its members to enlist in the war effort. Despite his exemption from the draft as union port agent, Whalen went back to sea in the merchant marine, working in the engine room of the S.S. Illinois.

On June 2, 1942, as the Illinois sailed on a return voyage along the Southern Atlantic route and was about 450 miles southeast of Bermuda, Nazi submarine U-159 sent two torpedoes into its engine room. Whalen died instantly and 31 others also perished. The ship went down with 8,000 tons of manganese ore aboard. Whalen’s body, like those of most seamen on sunken ships, was never recovered. Six survivors were picked up out of the water six days later.

U-159 Shortly Before Sinking: 1943

U-159 shortly before sinking by a VP 32 Mariner.

The workers of Baltimore saw their revenge. On July 28, 1943 a PBM Mariner dropped bombs onto U-159 and sent the Nazi submarine to the bottom of the sea.

A liberty ship was launched from Brunswick, Ga. bearing the name Patrick B. Whalen in March 1945 in his memory and a small service held in Baltimore the same day. However during the Cold War the name of the S.S. Patrick B. Whalen was changed and it was eventually scrapped in Taiwan in 1967.


Writer’s Notes:

Joseph Curran took complete control of the union at a 1947 convention where the left wing of the union lost by a single vote—a casualty of the anti-communist fever orchestrated by Democratic President Harry S. Truman and a Republican Congress. Soon after, 10 years of union democracy was gone and Curran came to symbolize the worst aspects of trade unionism, building a palatial union headquarters in New York. The NMU merged with the rival ISU in 1988.

Striking Seamen Leaders to Meet Commerce Secretary: 1937

Paddy Whalen (1st row, left) and Joseph Curran (1st row holding paper) during 1936-37 strike.

The cities of Baltimore and Washington, D.C. are only 30 miles apart, but they might as well be 3,000. Only rarely is there cultural spillover between the two. However Whalen’s position in the Maryland Industrial Council of the CIO and his unflinching fight against discrimination inspired the same fight in Washington, D.C. as activists sought to integrate defense industries and the Capital Transit Company.

Whalen is long forgotten, except among a few scholars. Perhaps when someone views the bar scenes in Season 2 of The Wire, they’ll think of Paddy Whalen and the method he used to integrate the waterfront bars of Baltimore.

Sources for this post include the Washington Star, The Washington Post, The Baltimore Afro-American, The Baltimore Sun, The Communist Party in Maryland 1919-57, The Baltimore Book, The Maryland Historical Magazine, Pictures of People: Alice Neel’s Portrait Gallery, School of Darkness, A New Deal for All?, The Baltimore Neighborhood Heritage Project, among others.

Want to see more images?

Police Break Up Unemployed Protest at White House: 1930

26 Feb

Police at the White House broke up a protest by the unemployed on March 6, 1930. The demonstration was part of the first nationwide protest response to the Great Depression that had begun the previous fall.

Protests were held in Detroit, New York, Baltimore, Chicago, Boston, Milwaukee, Seattle, Las Angeles and San Francisco among other cities. Demonstrations were also held on the same day in cities around the world.

Blacks, Whites Protest Job Losses: 1930 No. 1

Pickets arrive at the White House, March 6, 1930. Photo courtesy of the LIbrary of Congress.

The clash began when District of Columbia local Communist Party leader William “Bert” Lawrence stopped and began to speak to the crowd, police in street clothes attacked him. Uniformed police then assaulted the picketers and bystanders with tear gas and black jacks. Some the protestors fought back against the police.

Some reports said President Herbert Hoover watched the demonstration from the White House windows along with a delegation from the District of Columbia Society of the Daughters of the American Revolution (DAR), while other reports had his wife watching along with the DAR.

The District of Columbia Communist Party and allied groups began preparations in the city for weeks before and police responded by arresting 10 people on April 30 for holding soapbox style speeches on the street corners near the Communist Party headquarters at 1337 7th Street NW. Similar meetings and police harassment took place at the Women’s Christian Temperance Union statue at 7th Street and Pennsylvania Ave. NW.

Unemployment Rally in DC: 1930

Meeting at 1337 7th St. NW prior to picketing, March 6, 1930. From the Library of Congress

The communists and along with others held a rally the night before at the Communist Party headquarters where speeches were given and signs were made for the next day’s demonstration. The main themes were demands for good jobs, against police brutality, Jim Crow schools in the District and lynching.

Among the organizers were Lawrence, Solomon Harper of the International Labor Defense and Edith Briscoe of the Young Communist League.

Briscoe was among those arrested at the White House picket line after she jumped on the back of a police officer he was getting ready to strike an African American demonstrator. Lawrence was detained and charged with speaking in a public place without permission.

Harper was arrested for disorderly conduct, but was acquitted. He still faced charges from an outdoor speech he gave the night before condemning the lynching of sixty-year-old Laura Wood at Barber Junction in North Carolina.

Tear Gas Quells Reds: Washington Post 1930

Jobless pickets are the lead story for the Washington Post, March 7, 1930.

Public demonstrations of this type were fairly infrequent at that time and public protests involving blacks and whites even more infrequent.

The picket in front of the White House was held with blacks and whites locking arms while picketing. Press reports estimated that several thousand nearby office workers came out to watch. The newspapers also indicate that 13 picketers were arrested with an unknown number of injured, but only one that required hospital treatment.

The demonstrations made front-page news and were the lead stories in the Washington Post and Baltimore Sun and helped put the Communist Party at the forefront of the fight against unemployment and racial discrimination in the District for the next decade.


To see still photos of the March 6, 1930 demonstration, go to the Washington Area Spark Flickr site.

The photos in the short video are courtesy of the Library of Congress. The video clips were originally from Sherman Grinberg, but are believed to be in the public domain. The clips were misidentified as part of the the 1932 bonus march in a Newsreel production. The Library of Congress has mis-dated some of the photos to a period earlier than they actually were taken.

Note: This post was updated February 28.

‘Scottsboro Boys’ – New Tactics & Strategy for Civil Rights

19 Feb
4000 March in Washington to Free ‘Scottsboro Boys’ – 1933

4,000 march on Washington on May 8, 1933 to “Free the Scottsboro Boys.” ©Bettman/Corbis.

By Craig Simpson
2nd of a series

During the height of the Great Depression, on May 8, 1933, a crowd of 4,000 people marched more than six miles through steady rain in Washington, D.C. demanding freedom for the “Scottsboro Boys” and other prisoners.

More than ten years had passed since the last predominantly African American mass march in the nation’s capital centered on a call for anti-lynching legislation and basic civil rights.

The “Scottsboro Boys” were nine African American youths accused of the rape of two white women in Alabama. Eight of them were convicted and sentenced to death. A mistrial was declared for the ninth, 13-year-old Roy Wright, after the jury deadlocked on the death penalty.

‘Scottsboro Boys’ with Attorney Leibowitz: 1933

‘Scottsboro Boys’ with Attorney Leibowitz: 1933

An all-white crowd packed the courtroom during the trials while thousands more gathered outside. When the first verdicts were announced, a band began playing, “It’s going to be a hot time in the old town tonight.”

The case inspired unprecedented activism in black communities across the country and cast a worldwide spotlight on treatment of African Americans in the United States.

The tactics used in the fight to free those accused also set off a years-long,  acrimonious public debate between the Communist Party (CP) with its legal arm, the International Labor Defense (ILD), and the NAACP.

Communist Party Takes Control of Case

During the initial trial a local lawyer, hired with the assistance of a ministers’ group allied with the NAACP, did a poor job of representing the Scottsboro defendants. The ILD attorneys then took control of the case with the support of the youths and their mothers.

Eight of the defendants had been sentenced to death on April 11, 1931 and were scheduled for execution on July 10th. The CP acted quickly to organize protests across the country, characterizing the trial as a “legal lynching.”

Blacks, Whites Protest Job Losses: 1930 No. 2

Solomon Harper shown at a 1930 picket line at the White House. National Photo Company, courtesy of the LIbrary of Congress

In Washington, D.C. meetings and rallies were held, including one on May 29, 1931, led by ILD District of Columbia leader Solomon Harper at Fisherman Hall (320 F Street, SW).

Harper outlined the holes in the prosecution’s case, pointing out, for example, that three trial witnesses had placed the defendants in different locations.   Harper also  addressed those criticizing communist involvement by calling for a united front to aid the youths. Ada Wright, mother of two of the defendants, also spoke and appealed to the crowd for aid in freeing the youths. Wright’s 17-year-old son, Andy, was scheduled for execution in six weeks.  Her other son Roy, 13, was still in jail, awaiting sentencing.

Letters and telegrams poured in to the county, the courts, the attorney general, the governor, Congress and the President to free the young men.  Nationwide direct action—including civil disobedience—was employed on an extraordinary scale in the quest for the young men’s freedom.

Communist parties in other countries also led marches and rallies to demand release of the youths, including a July 1931 rally of 150,000 German workers who heard Wright speak and plea to save her sons.

In addition to the mass pressure, the ILD challenged the initial guilty verdict in the courts on three broad grounds: that the trial had taken place under mob intimidation, that the defense was incompetent and had deprived the young men of a fair trial, and that African Americans had been excluded from the jury pool.

NAACP Leader DuBois in Washington: 1932

W.E.B. DuBois, shown at an Alpha Phi Alpha dinner, blasted communist tactics of mass action. Photo by Addison Scurlock, courtesy of National Museum of American HIstory.

NAACP Blasts Tactics

The NAACP was initially reluctant to take on an appeal. However, once the communists brought public attention to the youths, they fought bitterly to regain control of the case, even offering the services of famed trial lawyer Clarence Darrow at one point.

W. E. B DuBois, editor of the NAACP’s The Crisis magazine, blasted the ILD in a 1931 article, “If the Communists want these lads murdered, then their antics of threatening judges and yelling for mass action. . . is calculated to insure this.”

The NAACP also didn’t believe any significant legal principles were involved in the case. NAACP executive secretary Walter White wrote in a letter to field secretary William Pickens, “It is equally true that there is no broad legal principle to be established in the cases. The principle involved in them was established by us in the Arkansas Cases…ruling that a trial in a court dominated by mob influence is not due process of law.”

However, events proved the NAACP leadership wrong.

Case Goes to Supreme Court

The communists directly challenged every institution involved in the case—local officials, state officials, judges and the federal government—denouncing them as tools of the ruling class.

The CP engaged in high profile civil disobedience when they staged a banned demonstration at the Supreme Court on November 11, 1932–the day the Court was due to deliver its first decision in the case. A captain of the Capitol police, Stephen Gnash, refused to issue a permit because the protest “might be interpreted as an attempt to coerce the Supreme Court.”

The ILD held the demonstration anyway and police broke it up with clubs and tear gas, but not before the pickets threw a few counter-punches at the police.  Reports of the clash were met with horror by more conservative elements in the African American community.

7 'Scottsboro Boys' Win: 1932

Protestors are arrested at the Supreme Court prior to the ruling reversing the Scottsboro verdicts, November. 1932.

Precedent Set by Court

But in a precedent-setting ruling, the Supreme Court found that the defense provided the Scottsboro youths was incompetent and ordered a new trial. Justice Felix Frankfurter said at the time that the ruling was “the first application of the limitations of the [fourteenth] amendment to a state criminal trial.”

The Court also rejected the mob intimidation legal theory with the majority writing, “It does not sufficiently appear that the defendants were seriously threatened with, or that they were actually in danger of mob violence. . .” This was another blow to the NAACP and White, who had earlier written this was the sole basis for overturning the convictions.

The Alabama prosecutors then split the defendants into different groups for retrial,  where eight of the youths were again found guilty.

March on White House and Capitol

The CP continued its campaign to free the youths, their efforts climaxing in the 1933 march on Washington.

The night before the march, several thousand African Americans mixed with several hundred white supporters at the Mt. Carmel Baptist Church located at 3rd and I Streets, NW. There they heard Ruby Bates, one of the accusers of the youths who had recanted her testimony during the second trial, say,

They were framed-up at the Scottsboro trial, not only by the boys and girls on the freight train, of which I was one, but by the bosses of the southern counties.

Scottsboro March Rates Four Photo in Afro American: 1933

Afro American publishes four photos of the 1933 march on Washington.

The next day the lengthy march began at Florida and New York Ave NE and wound through the city before heading toward the White House and then on to the Capitol, where it was to disband near the House office buildings. Ruby Bates and Janie Patterson, the mother of defendant Haywood Patterson, led the group.

Marchers also called for freeing labor leader Tom Mooney, a Maryland African American named Euel Lee who was also facing the death penalty, and Angelo Herndon, a black communist labor organizer charged with insurrection in Georgia.

Roosevelt Refusal Angers Demonstrators

The demonstrators were angered when President Franklin Roosevelt refused to see a delegation. Instead the White House appointments secretary received representatives who presented a petition with 145,000 signatures. The crowd paused their march and gathered outside the White House where they sang The Internationale and shouted, “Free the Scottsboro Boys.”

Delegation Demands Justice Depart Action on Lynching: 1940

William D. Patterson, 2nd from left, shown in 1940. Photo by Addison Scurlock, courtesy National Museum of American History.

They then marched to the Capitol where a delegation led by William D. Patterson (no relation to defendant), a leader of the ILD, met briefly with Speaker of the House Henry Rainey and Vice President John Garner. They presented more petitions demanding freedom for the Scottsboro Boys and for the passage of an anti-lynching law.

Rep. Oscar De Priest (R-IL), the only African American in Congress at the time, continued the debate over tactics. He rebuked Patterson, telling him the case “cannot be settled by your parading in the capital: it is a case for the state and your presence in Washington fails to help the cause.” DePriest, who also opposed higher taxes on the wealthy and federal relief programs, was defeated in an election the following year.

Louise Thompson Patterson - late 1920s, CRC Worker, Former Wife of Wallace Thurman

Louise Thompson said the 1933 Scottsboro march was only the beginning and predicted a million would return. Photo: Carl Van Vechten.

The march concluded with a rally at Seaton Park near the Capitol where the throng heard a dozen speakers, including Louise Thompson. She told the crowd this was “only the beginning” and that “another time will come when 500,000, even a million marchers” will descend on Washington.

Mothers Return to D.C.

On the morning of Mother’s Day, May 13, 1934, four of the mothers and Ruby Bates returned to Washington and spoke at churches throughout the city.  In the afternoon, they were refused an audience with the President or any of his representatives. That evening several hundred people rallied in support of the Scottsboro defendants at the Phyllis Wheatley YWCA, 901 Rhode Island Avenue, NW.

'Scottsboro Boys' Mothers: 1934

Four of the Scottsboro mothers and Ruby Bates at the Phyllis Wheatley YWCA in Washington, DC in May 1934. Photo by Addison Scurlock, courtesy of National Museum of American History.

Janie Patterson, whose son had three times been sentenced to die in the electric chair, told the crowd, “The President wouldn’t see me and he is supposed to be my President too.” Viola Montgomery, mother of defendant Olen Montgomery, stated, “If a colored woman had been attacked by white men, nothing would have been done.”

Ida Norris, mother of Clarence Norris, praised the ILD, “If it hadn’t been for them, our boys would have been electrocuted or lynched long ago. If you are ever going to vote, vote nothing but the Communist ticket.”

The group went back to the White House the following day and was received by the President’s representatives.

Court Rules Jury Exclusion Illegal

The case came back before the Supreme Court as Norris vs. Alabama on February 15, 1935. The Court overturned the guilty verdict again in another precedent-setting decision, finding that Alabama’s exclusion of blacks from the jury rolls violated the “equal protection” clause of the Constitution.

“Scottsboro Boys Must Not Die,” DC Mass Meeting: 1934

Flyer for a 1934 Washington, D.C. protest meeting on the ‘Scottsboro Boys.’ Courtesy of the Library of Congress.

By this time, the ILD had made its own mistakes in handling the case, including two ILD members being caught trying to bribe the principal accuser of the youths.  In addition, the NAACP was under pressure by its members to end its fight with the communists.

A joint legal defense committee, supported by both groups, the ACLU and others, was finally formed in 1935 to take charge of the case. With the legal defense under a unified banner, the CP and ILD continued to organize mass pressure.

Partial Victory

Patterson’s fourth trial, in January, 1936, resulted in another rape conviction, but this time he was sentenced to 75 years—the first time in Alabama that a black man had avoided the death penalty after a conviction for the rape of a white woman.

In July, 1937, prosecutors dropped charges against Montgomery, Willie Roberson, Eugene Williams and Roy Wright after they had spent six years in prison. Wright, 13 at the time of the events, had been imprisoned all that time, even though he was never tried again after the first mistrial.

During an altercation, a deputy shot and wounded Ozie Powell in 1936 while he was being transported to a prison. Powell eventually pled guilty to assaulting the deputy and the rape charges were dropped as part of the plea deal. Powell was released in 1946.

The other three were convicted of rape. Clarence Norris, Andrew Wright and Charlie Weems were eventually paroled in the 1940s, and Patterson escaped in 1948. Wright was sent back to prison for a parole violation and wasn’t released until 1950.

New Rights, New Tactics

The debate over tactics would continue for decades, but the Scottsboro campaign established that direct action could produce change.  The defendants weren’t all acquitted, but they were all saved from the death penalty. Two new important precedents were set: the right to competent defense counsel and a prohibition against excluding African Americans from juries.

145,000 Protest Scottsboro to Roosevelt: 1933

The May 10, 1933 New York Amsterdam News headlines the Scottsboro mass protest.

Equally important was the communists’ use of mass protest and civil disobedience alongside a strident legal defense. Charles Hamilton Houston, who served as the first NAACP special counsel from 1935-40, summarized the Scottsboro case and put the Communist Party/ILD approach in perspective when he wrote in 1935:

By its uncompromising resistance to Southern prejudice the ILD has set a new standard for agitation for equality. Through its activity in the Scottsboro case the ILD has made it impossible for the Negro bourgeoisie in the future to be as complacent and supine before racial injustices as it was prior to Scottsboro. It has introduced the Negro to the possibilities and tactics of mass pressure.

Years later, Houston reflected that Scottsboro marked “an historic departure” and that African Americans

were made to feel that even without the ordinary weapons of democracy…[they] still had the force…with which they themselves could bring to bear pressures and affect the result of the trial…

Nobody who ever sent a telegram of protest to any of the Scottsboro judges…ever inside himself accepted the fact that he was willingly from then on going to tolerate the system and the oppression to which he hitherto had been unresistingly subject.


This is the second part of a series on civil rights marches on Washington and rallies at the Lincoln Memorial that laid the basis for the landmark 1963 March for Jobs and Freedom. Next Installment: The 1939 Marian Anderson Concert at the Lincoln Memorial.

Read Part I, Before 1963: the 1922 Silent March on Washington

Read Part III, DC’s Old Jim Crow Rocked by Marian Anderson Concert


Author’s notes:

In 1976, Norris, the last living defendant at that time, was pardoned with the support of the NAACP and civil rights groups across the country. The Scottsboro Museum and Cultural Center was opened in the town in 2010, acknowledging the history of the youths’ ordeal.

This year, two bills were introduced into the Alabama legislature that would finally clear all the defendants.  A resolution would find the Scottsboro youths “victims of a series of gross injustices” and declare them exonerated. The other legislation would grant the state parole board the power to grant posthumous pardons, a legal prerequisite before pardons to the now deceased defendants could be issued. Though 82 years late, observers predict that both bills will pass.

The quotes by Charles Hamilton Houston are excerpted from Genna McNeil’s, “Groundwork: Charles Hamilton Houston and the Struggle for Civil Rights.” Quotes by the Scottsboro mothers, Ruby Bates and Louise Thompson are from articles from The Afro American. Quotes from Walter White and W.E.B. DuBois came from “Remembering Scottsboro: The Legacy of an Infamous Trial” by James A. Miller. Other sources include: The Crisis, The Afro American, The Washington Post, The Washington Star, The Chicago Defender and The Amsterdam News.


Craig Simpson is a former Secretary-Treasurer of Amalgamated Transit Union Local 689 and has a BA in labor studies from the National Labor College. He can be contacted by email at washington_area_spark@yahoo.com.


A DC Labor & Civil Rights Leader Remembered: Marie Richardson

19 Nov
Marie Lucinda Richardson (Harris)

Marie Richardson, a labor & civil rights leader in the 1940s, was imprisoned during the McCarthy era for 4 1/2 years. Photo D A Harris, ©Afro American Newspapers.

By Craig Simpson

Marie L. Richardson (Harris) was a leading organizer for civil rights and labor unions in the District of Columbia from the late 1930s until 1950.

Her pioneering work helped to organize the predominately African American Washington red caps union and their women’s auxiliary while still a teenager. She was a leader of the early fight to integrate Capital Transit operator jobs.  She was an active member of the National Negro Congress and served as the executive secretary of the local branch.   

According to the Afro American newspaper, she was the first African American woman to hold national office in a major labor union. In her role as national representative of the United Federal Workers, CIO she helped lead the union’s organizing drives and battles against discrimination inside the federal government in the District.

The price she paid for her leadership was four and a half years in a federal penitentiary, a victim of  McCarthy-era persecution.

Fighter In Her Youth

Marie Lucinda Richardson was born September 4, 1920 to Mattie and Griffin Richardson in Washington, DC and grew up in a row house at 1638 Florida Ave. NW along with her brother Thomas “Tommy” Richardson.  She attended the segregated District of Columbia schools, graduating from Morgan School in 1932, Garnet-Patterson Junior High School in January 1935 and Cardozo High School in January 1938.

DC Red Caps Union: 1938

Griffin Richardson (back row, 2nd from right) with Washington red caps union in 1938. Photo: Scurlock, courtesy National Archives.

Her father had been a baggage handler at Union Station since it opened in 1907 and was an officer in an early association of red caps. On July 5, 1933, he was a founder of the Washington Terminal Station Porters, a red caps unit fighting for better working conditions.

While still in high school, Marie Richardson helped her father organize the group into a union. The effort inspired red caps in other cities and in January 1938, they banded together to form the International Brotherhood of Red Caps later renamed the United Transport Service Employees.

In 1939, Richardson helped organize the women’s auxiliary of the union and was chosen as a national officer of the auxiliary in January 1940.  She was re-elected in 1942.

Youth Organizer and Early Work

After graduating from high school, Richardson attended Howard University and Terrell Law School and during that time worked at the dean’s office at Howard for two years. From 1940-42, she worked at the Office of War Information as a messenger and the Naval Gun Factory at the Washington Navy Yard as a machinist, where she was also active in the United Federal Workers (UFW), CIO.

Cardozo High School Class: 1938

Marie Richardson (3rd row, middle, surrounded by those in white) with Cardozo High School 1938 mid-year class. Photo: Scurlock, courtesy National Archives.

In 1941, Richardson was an organizer for the National Conference of Negro Youth and served as acting secretary of the “Washington Initiating Committee” of the conference.

She led the organizing of the three-day November conference of the organization enlisting the support of prominent civil rights leader Mary McLeod Bethune, popular entertainer Fats Waller and arranging for First Lady Eleanor Roosevelt to speak at the conference.

In her role as youth organizer, she began fighting to desegregate government and industry in the District. “Our purpose is to give special attention to Negro young people who have been discriminated against in Washington or who have been working at jobs not commensurate with their qualifications,” she said in a statement.

Richardson’s committee began the early work on ending Jim Crow hiring at Capital Transit by soliciting letters and petitions from groups and individuals in support of hiring African American streetcar and bus operators. This work laid the groundwork for the eventual integration of operator ranks at the company in 1955.

First Black Woman National Representative at Major Union

She was selected national representative of the United Federal Workers (UFW), CIO in the Spring of 1943, becoming one of the first (perhaps the first) African American women to serve at that level in a major labor union.

Richardson worked to organize federal workers and the cafeteria workers employed by quasi-private contractors in federal and defense department cafeterias.  She helped lead the UFW organizing efforts and fights against discrimination at Freedmen’s Hospital, teachers at Howard University, the Bureau of Engraving, Federal Security Agency and US Treasury Department.

During the World War II years she also volunteered for the Office of Civilian Defense where she received two commendations for her work as a sector air raid warden.

Executive Secretary of DC National Negro Congress

Richardson had been active in the local chapter of the National Negro Congress (NNC) since the late 1930s.  The NNC was a broad civil rights organization based in the black working class that emphasized direct action in contrast to the legal strategy of the NAACP.

She was selected as executive secretary of the District of Columbia unit of the NNC in 1945 where she continued work on police brutality, voting rights for District of Columbia residents and desegregating the operator jobs at the Capital Transit Company.

When Charles Hamilton Houston resigned from the federal Fair Employment Practices Commission (FEPC) in protest of President Harry Truman’s thwarting an order forcing the transit company to hire African American operators, Richardson drafted a letter from the local NNC blasting Truman.

The letter charged that Truman’s actions were “in substance, a declaration of support of the Jim Crow laws in operation” in the District. “Your letter [Truman’s] is a cynical welcome for colored veterans returning to their homes in Washington looking for fair employment without discrimination,” the letter continued.

Marie Richardson at Home at Her Desk

Marie Richardson at Florida Ave NW home in 1946. Photo: D. A. Harris Jr.©Afro American Newspaper.

While at the NNC, Richardson led the local campaign to pass a bill for a permanent federal FEPC. Despite the Capital Transit debacle, the FEPC had helped to desegregate some of the defense related industry during World War II.  When a filibuster was conducted in the U.S. Senate to stop the bill, Richardson led picketing at the home of each Senator blocking the bill (see photo of Richardson picketing here, click “browse this newspaper” & navigate to Feb 2, 1946 edition, page 24).

The bill ultimately died in the Senate. However, President Truman issued an executive order in 1948 prohibiting employment discrimination in the federal government.

She organized an outdoor anti-lynching rally in July 1947 that drew 500 people where Savannah Churchill, a popular singer, declared that “people must unit themselves to stop the terrible crimes” of lynching. As organizer of the event, Richardson offered resolutions adopted by the group in support of federal anti-lynching legislation and condemning discrimination in the District of Columbia.

In late 1947, the NNC merged into the Civil Rights Congress (CRC), a group that had originally been created to pursue legal and legislative strategies.

Richardson’s work with the NNC spilled over to the CRC and she helped build support for the strike over wages and benefits by Local 471 of the United Cafeteria Workers (UPW, CIO) union in 1947 and again in 1948 when the union waged an 11 week strike after a government-sponsored corporation refused to bargain with a “red union.”

In 1948, she took a job as campaign manager for Joseph Rainey, Progressive Party candidate for Congress in Philadelphia.  Rainey’s grandfather was the first black congressman during Reconstruction and Rainey had been elected magistrate in Philadelphia and had served as president of the Local NAACP chapter. Rainey lost, but out-polled Progressive Party presidential candidate Henry Wallace in the district.

After returning to Washington, Richardson assisted Henry Thomas’s Building Laborer’s Local 74 in their one-day strike in June 1949.  In the post WWII years, Richardson was also active with the National Association for Advancement of Colored People (NAACP), the National Council of Women and the Committee to Abolish the Poll Tax.

In 1950, Richardson moved to New York City with her husband, Rev. Benjamin Harris who became the pastor of the First Baptist Church of Philadelphia in Long Island.  The two operated a dry cleaning establishment to make ends meet.

Federal Loyalty Oath

In March 1947, President Harry S. Truman issued an executive order requiring loyalty oaths of all government employees.  Current and prospective employees were required to pledge they were not members of the Communist Party and to disclose, in writing, current and past membership in organizations deemed “subversive” by the Attorney General.  It was the opening salvo in a series of actions that drove most communists and other left-wing activists out of jobs in government and private industry and out of the labor and civil rights movements.

The initial “subversive list” was published in the federal register March 20, 1948 and included the National Negro Congress, the Civil Rights Congress and the Communist Party.

The order did not provide criminal penalties, but set up “loyalty boards” to fire employees it deemed guilty of disloyalty.

Shortly after the order went into effect in 1948, Richardson applied for and was hired for a temporary clerical job at the Library of Congress where she worked for three months.  In May 1949, she re-applied and was hired again for a clerical job at the Library where she worked for several months before her move to New York.

Markward Infiltrates Communist Party

Long before the loyalty oath, the Federal Bureau of Investigation (FBI) was spying on left-wing organizations, including the Communist Party.

Mary Markward Testifies Before HUAC: 1951

Mary Markward testifies before HUAC. Her testimony helped convict Marie Richardson and send her to prison. World-Telegram & Sun Newspaper Collection, courtesy of the Library of Congress.

The FBI approached Mary Stalcup Markward in March 1943 to infiltrate the District of Columbia Communist Party after the FBI determined that several of her beauty shop customers were associated with the group.

Markward worked diligently at routine Communist Party tasks and was elevated to local treasurer and a member of the governing board of the Maryland-DC state party. Markward was in charge of membership, including the collection of dues from District of Columbia party members.  During this time Markward made regular reports to the FBI.

In June 1951, Markward began testifying in secret before the House Committee on Un-American Activities (HUAC) about communist activities in the Washington area, ultimately naming over 200 people as members of the Communist Party.  In July, Marie Richardson and her father Griffin were named in newspapers as members of the Communist Party identified by Markward.

Richardson Indicted, Faces 40 Years

By November 1951, it was the height of the Korean War where the US sent troops against communist-led forces. Eleven national unions had been expelled from the CIO labor federation for alleged communist ties, along with numerous members of individual AFL and CIO unions. Julius & Ethel Rosenberg had been sentenced to death for allegedly passing atomic secrets to the Soviet Union.

Leaders of the US Communist Party were jailed under the Smith Act and many more members and left-leaning activists were under investigation or facing trial.  None were convicted for any specific alleged acts to overthrow the government, but were instead jailed for alleged communist beliefs or membership in the Communist Party.

Some were jailed for contempt when they refused to answer questions in Congressional hearings about their beliefs, organizations they belonged to or people that they knew or may have known. Others had their names and addresses published in newspapers, were fired from their jobs and blacklisted.

Richardson was indicted November 30 for “false and fraudulent statements” stemming from her signed loyalty oaths and her job applications for the library clerical jobs in 1948 and 1949.  She faced a $10,000 fine and five years in prison for each of eight counts that charged she had not revealed past membership in “subversive organizations.”

Critics of loyalty oaths contended that they accomplished little and the government was determined to prove them wrong.  Richardson’s imprisonment would show that the loyalty oath program worked.  Further, jailing Richardson who no longer lived in the area or worked for the federal government would bolster the message that anyone who was affiliated with left-leaning unions and civil rights organizations were not safe unless they renounced other members and the organizations.

William Hitz, Assistant United States Attorney sent out a chilling message that, “he expected there would be many more [indictments] here and elsewhere.”  He made a point to say that Richardson was “uncovered” during a “routine” FBI loyalty check, although authorities were well aware of Richardson for years.

Among the organizations Hitz cited in support of the indictment were Richardson activities with the National Negro Congress, American Youth Congress, Americans for Peace Mobilization and the Americans for Democratic Action along with the Communist Party.

Arraignment & Suppression of Defense Committee

At Richardson’s December 14 arraignment, she was released on $1,000 bond pending trial set for January 17, 1952.  Before she could leave the courthouse, Richardson was detained by US Marshals who demanded the names of those who had helped her with bail money.  Richardson refused to answer their questions.

Ralph Powe, a prominent CRC attorney from New York, represented her at the arraignment and charged that it was “…another attempt on the part of the government to silence outspoken colored leaders.”

If anyone doubted the government’s desire to make an example of Richardson, that notion was quickly dispelled.

Committee to Defend Marie Richardson Pamphlet: 1952 ca

Committee to Defend Marie Richardson pamphlet, 1952 ca.

January 13, 1952, police raided a party to raise money for Richardson.  Twelve police officers broke up the party attended by about 60 persons and arrested one for selling whiskey without a license.  According to the Afro-American, police seized an envelope marked “Marie Richardson Defense Committee” containing $980 as evidence.

Richardson was detained, but not arrested by police.  However, police took the names and addresses of all persons at the party “in case witnesses were needed,” and confiscated the list of contributors.

The drive to sandbag defense efforts later resulted in the 1953 attorney general listing of the Committee to Defend Marie Richardson  as a subversive organization.

Trial and Conviction

Powe put together a strong legal defense team for Richardson.  James A. Cobb was a former municipal court judge and a vice-dean of the Howard University law school. George A. Parker founded the Robert H. Terrell School of Law in 1931 and later was appointed as a federal judgeBarrington Parker was law partner with his father, defended Paul Robeson and W. E. B DuBois and was later appointed by President Nixon as a federal judge. George E. C. Hayes was the lead attorney on the Supreme Court case that desegregated Washington, DC public schools in 1954.  Powe was a veteran civil rights attorney.

However, the team was only able to obtain a brief postponement to prepare and the trial began February 18 before Judge James R. Kirkland and a jury of eight whites and four blacks

The short time between arraignment and trial resulted in long hours for the defense team.  Barrington Parker told the Afro-American newspaper that most of each night was spent in research, resulting in little sleep for any of them.

The government’s called only three witnesses.  The first, Leon W. Seidner, chief of operations at the Library of Congress, testified Richardson denied communist affiliations in applying for clerical jobs in 1948 and 1949.

The legal case against Richardson hinged on the testimony of Markward and that of Henry Thomas, the laborer’s union president who quit the Communist Party in 1949 and denounced those he alleged to be members to HUAC in 1950.

Thomas testified that he had known Richardson since 1939 and had been at meetings of the Young Communist League with her. Thomas further testified that he and Richardson had been at a number of different meetings with high profile Communist Party leaders over the years.

DC Home of Marie Richardson: 2012

DC home of Marie Richardson where she grew up and stayed during her trial shown in 2012.

Under cross-examination defense attorneys quickly had Thomas back peddling on a number of assertions.  He recanted numerous dates and places of meetings when challenged and admitted that he or his wife had invited many of the communist leaders to the meetings, some of which had been meetings of the NAACP. At times Thomas was uncertain whether Richardson had even been present.

Markward’s testimony was more crucial, given her job as keeper of the Communist Party membership records.  Markward testified she [Markward] filled out Richardson’s membership card in her own handwriting in 1946. However, Markward said that Richardson never picked up the card. Markward further testified that she kept the card in her own possession. The card was entered into evidence by the prosecution.

Under cross-examination Markward admitted that she saw no documents signed by Richardson indicating that she was a party member, “I have never seen Mrs. Richardson fill out a party card,” Markward acknowledged.

In other evidence, Markward testified that Richardson once gave a report on the local National Negro Congress of which Richardson was then executive secretary.  Under cross-examination, Markward admitted the aim of the Congress was to “better the status of negroes,” but also testified that the organization received support from the Communist Party.

Defense attorneys challenged her motivation and branded her as a paid informant, but Markward said her work was “without compensation” and denied receiving any funds from the FBI, other than incidental expenses, and said her motives were patriotic.

When the trial ended after more than a week, no Communist Party membership card in Richardson’s writing or dues payment records with Richardson’s name were produced and defense attorney Hayes told the jury there was “no evidence anywhere that Mrs. Richardson ever joined the Communist Party.”

Hayes went on to say that Richardson’s long association with the National Negro Congress only showed that she “dedicated herself to do something for a race of people with which she was identified.”

The jury began deliberations late February 28 and the elder Parker expressed the belief that a hung jury would result.

However, after six hours of deliberations the jury returned to the courtroom. Each juror stood and read his or her verdict on each count.  Two of the African American jurors hesitated for a long moment before softly saying guilty, but Richardson was convicted on all counts. The anti-communist hysteria of the day was ultimately too much to overcome.  Kirkland refused bond and remanded Richardson to jail pending sentencing.

Sentence & Further Degradation

On March 7, Kirkland sentenced Richardson to a prison term of 28 months to 7 years and fined her $2000.  Kirkland gave gushing praise to Markward saying, “she gave valiantly of her services. She deserves to take her place alongside of Molly Pitcher, Barbara Fritchie and Clara Barton.”

He blasted Richardson and admitted he was sentencing her for her beliefs, “Your teachings at your mother’s knee and your American father should not have permitted you to embrace such false doctrines.  You, a highly educated woman, have brought this upon yourself.” Kirkland again refused to set bond during appeal and remanded her to jail.

In another apparent attempt to degrade her and send a message to others, she was hauled before a grand jury investigating drug trafficking almost immediately after sentencing.  When Richardson said she wanted to consult a lawyer, she was not questioned, but the incident was publicized by the local newspapers. Assistant United State Attorney Thomas Wadden, Jr. declined to state to the Washington Post why he was calling Richardson. Richardson was never recalled to testify.

Appeals and Prison

Richardson’s defense team eventually secured her release on $5,000 bail.  David Rein and Joseph Forer, attorneys with extensive experience defending accused communists, assisted with the appeal. A number of grounds for overturning the verdict were raised, but most significantly that Markward had misled the jury on a key point.

After the trial, documents were discovered that showed Markward had been paid a little over $24,000 by the FBI–which equates to about $207,000 in 2012 dollars or about $30,000 per year—at odds with the small-reimbursed expenses Markward claimed during trial.

Nevertheless, the U.S. Circuit Court of Appeals found that “the contentions made by [the] appellants are insubstantial.  There is no reversible error and the judgment of conviction and the order denying the motion for a new trial must and hereby are affirmed.”

Richardson’s attorneys appealed back to Judge Kirkland for a reduction of sentence and sought a US Supreme Court review.  They were turned down on both counts.  In July 1954, Richardson was ordered to jail and sent to Alderson Federal Penitentiary in West Virginia.

Richardson’s Release

Richardson was denied parole several times and served four years before a group of African American ministers persuaded the parole board to reconsider their decision.

Appearing before the parole board on Richardson’s behalf were Rev. Ct. T. Murray, pastor of the Vermont Avenue Baptist Church, The Rev. N. H. Travis, Salem Baptist Church; the Rev. Andrew Fowler, president of the Baptist District Convention, the Rev. J. H. Randolph, chairman of the Fraternal Council of Churches and the Rev. Wendell C. Somerville, representing the Baptist Ministers Conference.

Richardson was finally released from prison in October 1958.

Richardson died without fanfare March 6, 1987. Richardson’s final viewing was held March 12, 1987 at the Vermont Avenue Baptist Church in Washington, DC and her final resting place is in Lincoln Memorial Cemetery in Suitland, MD.

Author’s notes:  Richardson’s contributions to the District of Columbia labor and civil rights movements were lost in the anti-communist frenzy of the 1950s. Her pioneering stint as perhaps the first African American woman to hold a major national trade union office receives scant attention in labor, civil rights and women’s histories. The injustice of four and a half years in prison related to a loyalty oath that was overturned by the Supreme Court years later has also been forgotten.

Most information for this article came from the Washington Afro American, Chicago Defender, Atlanta Daily World, Washington Post, Washington Star, Ginger & Christiano’s “The Cold War Against Labor,” court documents and HUAC transcripts.

Craig Simpson is a former Secretary-Treasurer of Amalgamated Transit Union Local 689 and has a BA in labor studies from the National Labor College.  He can be contacted by e-mail at washington_area_spark@yahoo.com.