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It
was an old-fashioned lynching, carried out with the help
of county officials, that came to symbolize hardcore
resistance to integration. Dead were three civil rights
workers,
Michael Schwerner,
Andrew Goodman, and
James Chaney. All
three shot in the dark of night on a lonely road in
Neshoba County, Mississippi. Many people predicted such
a tragedy when the
Mississippi Summer Project, an effort that
would bring hundreds of college-age volunteers to "the
most totalitarian state in the country" was announced
in April, 1964. The FBI's all-out search for the
conspirators who killed the three young men, depicted in
the movie "Mississippi
Burning," was successful,
leading three years later to a trial in the courtroom
of one of America's most determined segregationist
judges.
Sam Bowers,
the Imperial Wizard of the White Knights of the Klu Klux
Klan of Mississippi, sent word in May, 1964 to the
Klansmen of Lauderdale and Neshoba counties that it was
time to "activate Plan 4." Plan 4 provided for "the
elimination" of the despised civil rights activist
Michael Schwerner,
who the Klan called "Goatee" or "Jew-Boy." Schwerner,
the first white civil rights worker based outside of the
capitol of Jackson, had earned the enmity of the Klan by
organizing a black boycott of a white-owned business and
aggressively trying to register blacks in and around
Meridian to vote.
The
Klan's first attempt to eliminate Schwerner came on June
16, 1964 in the rural Neshoba County community of
Longdale.
Schwerner had visited Longdale on Memorial Day to ask
permission of the black congregation at Mount Zion
Church to use their church as the site of a "Freedom
School." The Klan knew of Schwerner's Memorial Day
visit to Longdale and expected him to return for a
business meeting held at the church on the evening of
June 16. About 10 p.m., when the Mount Zion meeting
broke up, seven black men and three black women left the
building to discover thirty men lined up in military
fashion with rifles and shotguns. More men were
gathered at the rear of the church. Frustrated when
their search for "Jew-Boy" was unsuccessful, some of the
Klan members began beating the departing blacks. Ten
gallons of diesel fuel were removed from one of the Klan
members cars and spread around the inside of the
church. Mount Zion Church was soon engulfed in flames.
News of the beatings and fire reached
Michael Schwerner in Oxford, Ohio. Schwerner and his
twenty-one-year-old chief aide , a native black
Meridian named James Chaney, were in Ohio to attend a
three-day program sponsored by the National Council of
Churches to train recruits for the Mississippi Summer
Project. Among those being trained for a summer of work
aimed at improving the lives of black Mississippians was
a Queens College student named
Andrew Goodman,
who Schwerner convinced to come to Meridian. Anxious to
get back to Mississippi to learn what they could about
the disturbing events in Longdale, Schwerner, Chaney,
and the newly-recruited Goodman loaded into a blue
CORE-owned Ford station wagon in the early morning hours
of June 20 for long trip back to Meridian. The next
day, after a short night's sleep and a breakfast in
Meridian, the three civil rights workers were again in
the CORE wagon heading northwest towards Longdale.
Longdale
was in Neshoba County, known as a high risk area for
civil rights workers.
Lawrence Rainey,
Neshoba County Sheriff, and his deputy,
Cecil Price,
were both members of the Klan. Although their Klan
membership was not generally known, both had reputations
as being tough on blacks. Rainey had been elected
sheriff the previous November after campaigning as "the
man who can cope with situations that might arise." In
Neshoba County, it was well understood that the
"situations" Rainey referred to meant meddlesome
interference by outsiders with Mississippi's
state-enforced policy of segregation. Schwerner told
Meridian CORE worker Sue Brown that they should be back
in the CORE office in Meridian by 4:00. If they weren't
back by 4:30, she should start making phone calls.
Deputy Sheriff
Price and Sheriff Rainey
at arraignment.
Schwerner, Chaney, and Goodman began
their Midsummer's Day visit to Neshoba County with an
inspection of the burned out remains of Mount Zion
Church. They then visited the homes of four black
members of the congregation to learn more about the
incident. At one of the homes, the three civil rights
workers were warned that a group of white men were
looking for them. About 3 p.m., the trio was ready to
head back to the relative safety of their Meridian
office. There were two possible routes to Meridian.
The most direct route was the road they had come up,
Highway 491, a narrow clay road intersected by numerous
dirt roads. An ambush would be easy on 491. The other,
less direct route, was a black topped Highway 16, which
would take them west through Philadelphia, the county
seat. Chaney turned onto Highway 16.
Deputy Sheriff Price was at that time
heading east on Highway 16. A few miles outside of
Philadephia, Price spotted the well-known CORE wagon
heading in his direction. Schwerner and Goodman most
like were crouched low in their seats, allowing Price to
see only the black driver, James Chaney. Price shouted
over his radio, "I've got a good one! George Raymond!"
(Raymond was a black civil rights leader hated by Klan
throughout Mississippi.) Price did a quick U-turn and
headed back after his quarry. Chaney pulled the CORE
wagon over to the side of the road just inside the
Philadelphia city limits. Price arrested Schwerner,
Goodman, and Chaney, allegedly for suspicion of having
been involved in the church arson, and deposited the
three in the
Neshoba County jail. Soon
thereafter he met with the Neshoba County Klan kleagle,
or recruiter,
Edgar Ray Killen to tell him of
his exciting catch and to plan the deadly conspiracy
that would unfold later that night.
Some of what happened over the next seven
hours in the Neshoba County jail is known. We know that
Schwerner asked to make a phone call, but his request
was denied. If he wasn't concerned about his physical
well-being before that time, he would have been then.
We also know that a call was made to the jail at 5:20 in
the afternoon asking whether anyone there had
information concerning the whereabouts of the three
overdue civil rights workers. We know also that the
jailer who answered the call, Minnie Herring, lied. We
know that shortly after 10:00 P.M. Cecil Price showed up
at the jail, telling the jailer, "Chaney wants to pay
off-- we'll let him pay off and release them all."
Price led them to their parked car, then tailed them as
they headed east out of town on Hghwy 19.
The CORE workers by then no doubt
suspected that they were being led into a trap, and in
fact they were. Since receiving word from Price that
Schwerner had been captured, Edgar Ray Killen, the Klan
kleagle and an ordained Baptist minister, had been busy
recruiting members of the Neshoba and Lauderdale County
klaverns for some "butt ripping," as he put it. An
afternoon meeting at the Longhorn Drive-In in Meridian
with local Klan bigwigs was followed by a later meeting
at Akin's Mobile Homes with eager, younger members who
would participate in the actual killings. Killen told
the dozen or more recruits to buy rubber gloves and to
be in Philadelphia by 8:15 P. M. After offering the
Klan men a drive-by tour of the Neshoba County jail and
going over the details of the planned release, Killen
headed off to see a departed uncle at the local funeral
home and to thereby establish his alibi.
After following the CORE station wagon
out of town, Price returned to Philadelphia to drop off
an accompanying Philadelphia police officer, then raced
back onto Highway 19 in pursuit of the three civil
rights workers. Meanwhile, two other cars filled with
young Klan members were also speeding down with the same
object in mind. Price's souped-up Chevy saw the CORE
wagon come into view less than ten miles from the county
line. Chaney decided to run for it, and a high speed
chase ensued. Chaney swerved quickly onto Highway 492,
but Price made the turn as well. Seconds later, for
reasons unknown, Chaney braked his car and the three
surrendered.
According to
James Jordan,
a Klan member who would later become a key FBI
informant, Price said, "I thought you were going back to
Meridian if we let you out of jail?" When Chaney said
that's where they were headed, Price said, "You sure
were taking the long way around. Get out of the car."
The three were placed in Deputy Price's car. Soon three
cars, Price's and two full of Klan members, were
traveling in a procession down an unmarked dirt turnoff
called Rock Cut Road.

It is not known whether the three were
beaten before they were killed. Klan informants deny
that they were, but there is some physical evidence to
the contrary. What is known is that a
twenty-six-year-old dishonorably discharged ex-Marine,
Wayne Roberts,
was the trigger man, shooting first Schwerner, then
Goodman, then Chaney, all at point blank range. (FBI
informant James Jordan, according to a second informant
present at the killings, Doyle Barnette, also fired two
shots at Chaney.) The bodies of the three civil rights
workers were taken to a dam site at the 253-acre Old
Jolly Farm. The farm was owned by Philadelphia
businessman Olen Burrage who reportedly had announced at
a Klan meeting when the impending arrival in Mississippi
of an army of civil rights workers was discussed, "Hell,
I've got a dam that'll hold a hundred of them." The
bodies were placed together in a a hollow at the dam
site and then covered with tons of dirt by a Caterpillar
D-4.
Dam where the bodies were found
While
the bodies were being buried, Price had returned to his
duties in Philadelphia. Around 12:30 A. M., Price met
with Sheriff Rainey. Given their Klan membership and
the close relationship between the two, it is almost
imaginable that at that time Price did not relate, in
full detail, the events following the release from jail
of Schwerner, Goodman, and Chaney.
At the CORE office in Meridian,
meanwhile, staffers were growing increasingly concerned
about the long overdue civil rights workers. Calls
inquiring about their whereabouts turned up no helpful
information. At 12:30 A.M., a call was placed to
John Doar,
the Justice Department's point man in Mississippi. Less
than a week earlier Doar had been in Oxford, Ohio
warning Summer Project volunteers that there was "no
federal police force" that could protect them from
expected trouble in Mississippi. Doar feared the
worst. By 6:00 A.M., Doar had invested the FBI with the
power to investigate a possible violation of federal
law.
The morning after the civil rights
worker's disappearance, the phone rang in the office of
Meridian-based FBI agent
John Proctor.
(In the movie "Mississippi Burning," the character
played by Gene Hackman is loosely based on Proctor.)
Within hours, Proctor was in Neshoba County interviewing
blacks, community leaders, Sheriff Rainey, and Deputy
Price. Proctor was a Alabama native who had
successfully cultivated relationships with all sorts of
people, including local law enforcement officers, who
might aid in his investigations. After his interview
with Cecil Price, the Deputy slapped Proctor on the back
and said, "Hell, John, let's have a drink." Price went
to his car and pulled contraband liquor out of his
trunk.
By the next day, June 23, Proctor had
been joined by ten newly arrived special agents and
Harry Maynor, his New Orleans-based supervisor. The
first big break in the FBI investigation, called MIBURN
(for "Mississippi Burning"), came when Proctor received
a tip that a smoldering car had been seen in northeast
Neshoba County. While Proctor was at the scene,
searching the area around what turned out to be the
burned blue CORE station wagon, he looked up to see
Joseph Sullivan,
the FBI's Major Case Inspector. It was by then
abundantly clear that the Johnson Administration was
placing top priority on the case. By June 25, the
federal military had joined the search, with busloads of
sailors arriving in Neshoba County to beat their way
through snake-infested swamps and woods. Days later, FBI
Director J. Edgar Hoover would fly to Jackson to
announce the opening of the FBI's first office in
Mississippi.
It soon became apparent to Inspector
Sullivan the case "would ultimately be solved by
conducting an investigation rather than a search." It
turned out to be an extraordinarily difficult
investigation. Neshoba County residents, many of whom
either participated in the conspiracy or knew of it,
were tight-lipped. Proctor found that some of his most
useful information came from kids, so he would stuff
candy in his pockets before setting out for a day's
schedule of interviews. A promise of $30,000 in reward
money finally brought forward information, passed
through an intermediary, concerning the location of the
bodies. On August 4, 1964, John Proctor was at the Old
Jolly Farm to take photographs of the bodies as they
were uncovered at the dam site. Inspector Sullivan
invited Price to the dam site to help in the removal of
the bodies. Sullivan was interested in observing the
reaction of the Deputy, who was by then under heavy
suspicion. Proctor noted that "Price picked up a shovel
and dug right in, and gave no indication whatsoever that
any of it bothered him."
Deputy Price (in
cowboy hat) helps
unload bodies of
CORE workers
Finally it would be informants from
within the Klan that would break the case open. The
first information, from an Klan member at the
peripherary of the conspiracy, enabled the FBI to focus
on the more central figures. One Klan member who
received a great deal of attention from John Proctor was
James Jordan, a Meridian speakeasy owner. Over the
course of five increasingly rough interviews, Jordan
came to see turning state's evidence as his best bet to
avoid a long prison term. He was also promised $3500
and help in relocating himself and his family in return
for his full story. Jordan would become the
government's key witness to the crime.
By December, 1964, the Justice Department
had enough information to authorize arrests. On the
drizzly morning of December 4, a team of federal agents
swept through Neshoba and Lauderdale Counties arresting
nineteen men for conspiring to deprive Schwerner,
Chaney, and Goodman of their civil rights under color of
state law. Six days later, a U. S. Commissioner
dismissed the charges, declaring that the confession on
which the arrests were based was hearsay evidence. A
month later, government attorneys secured indictments
against the conspirators from a federal grand jury in
Jackson. The Justice Department was again disappointed,
however, when on February 24, 1965,
Federal Judge William Harold Cox,
an ardent segregationist, threw out the indictments
against all conspirators other than Rainey and Price on
the ground that the other seventeen were not acting
"under color of state law." In March, 1966, the United
States Supreme Court overruled Cox and reinstated the
indictments
(read Supreme
Court decision).
As the Justice Department prepared for trial, defense
attorneys made the cynical argument that the original
indictments were flawed because the pool of jurors from
which the grand jury was drawn contained insufficient
numbers of minorities. Rather than attempt to refute
the charge, the government summoned a new grand jury
and, on February 28, 1967, won reindictments. The list
of those indicted differed slightly from the original
list, and included the names of eighteen Klansmen.
Trial in the case of United States versus
Cecil Price et al. began on October 7, 1967 in the
Meridian courtroom of Judge William Cox. Chief
Prosecutor John Doar and other government attorneys had
reason to be concerned about Cox. Cox, appointed as an
effort to appease powerful Judiciary Committee Chairman
(and former roommate of Cox at Ole Miss) Senator James
Eastland, had been a constant source of problems for
Justice Department lawyers (especially John Doar) who
were seeking to enforce civil rights laws in
Mississippi. In one incident, Judge Cox referred to a
group of African Americans set to testify in a voting
rights case as "a bunch of chimpanzees."
A jury of seven white men and five white
women, ranging in ages from 34 to 67, was selected
[link to list of jurors].
Defense attorneys exercised peremptory challenges
against all twelve potential black jurors. A white man,
who admitted under questioning by Robert Hauberg, the
U.S. Attorney for Mississippi, that he had been a member
of the KKK "a couple of years ago," was challenged for
cause. Judge Cox denied the challenge.
The defense made a major mistake as John
Doar presented background witnesses for the
prosecution. When Doar finished his direct examination
of Reverend Charles Johnson, who worked with Schwerner,
Defense Attorney Laurel Weir launched into a series of
outrageous questions culminating with a question asking
whether Johnson had sought to "get young Negro males to
sign a pledge to rape a white woman once a week during
the hot summer of 1964?" Judge Cox broke in to say that
such a question was "highly improper" unless the defense
could show a reason for posing it. When Weir said the
question had been passed to him in writing, Cox demanded
to know who wrote it. Finally one of the defense
attorneys admitted that "Brother Killen,'' defendant
Edgar Ray Killen, had written the question. The
incident made clear to the defendants that Judge Cox,
who may have mellowed somewhat after a recent
unsuccessful impeachment effort against him in Congress,
was taking the trial seriously.
The heart of the government's case was
presented through the testimony of three Klan
informants, Wallace Miller,
Delmar Dennis,
and James Jordan. Miller described the organization of
the Lauderdale klavern and described his conversations
with Exalted Cyclops Frank Herndon and Kleagle Edgar Ray
Killen about the June 21 operation in Neshoba County.
Dennis incriminated Sam Bowers, the founder and Imperial
Wizard of the White Knights of the KKK of Mississippi.
Dennis quoted Bowers as having said after the killing of Schwerner and the two others, "It was the first time
that Christians had planned and carried out the
execution of a Jew." It was also through Dennis that
the government introduced the contents a letter written
by Bowers but pretending to be from an official of a
logging company referring to the murders as "the big
logging operation" and to the suspects of the FBI
investigation as "those deep in the swamp
[LINK TO KKK LOGGING LETTER]."
At another point in his testimony, Dennis described a
Klan meeting in the pasture of Klan member Clayton
Lewis. He then pointed to Lewis, the mayor of
Philadelphia, sitting at the defense table as a member
of the twelve-man defense team. James Jordan was the
government's only witness to the actual killings.
Fearing a Klan assassination, the government had
arranged to have Jordan hustled into court by five
agents with guns drawn. After first requiring
hospitalization for hyperventilating, and then
collapsing and having to be carried from the courtroom
on a stretcher, an obviously nervous Jordan finally made
it to the witness stand. Jordan described the events of
June 21 and the early morning of June 22, from the
gathering of Klan members in Meridian to the burial of
the bodies at the Old Jolly Farm. His vivid testimony
caused one black female spectator to break down and have
to be led from the courtroom, sobbing.
The defense case consisted of a series of
alibi and character witnesses. Local residents
testified as to the "reputation for truth and veracity"
of various defendants, or to having seen them on June
21 at locations such as funeral homes or hospitals.
John Doar presented the closing argument
for the government on October 18. Doar told the jury
that "this was a calculated, cold-blooded plot. Three
men, hardly more than boys were its victims." Pointing
at Price, Doar said that "Price used the machinery of
law, his office, his power, his authority, his badge,
his uniform, his jail, his police car, his police gun,
he used them all to take, to hold, to capture and
kill." Doar concluded by telling jurors that what he
and the other lawyers said "will soon be forgotten, but
what you twelve do here today will long be remembered."
One day after having begun its
deliberations, the jury reported to Judge Cox that it
was deeply divided and unable to reach a verdict. Over
defense objections, the judge responding by giving the
jury what is called the "Allen charge," or the "dynamite
charge," for its purpose of breaking open a deadlocked
jury. Shortly after Cox gave his charge, defendant
Wayne Roberts joked to Cecil Price, "We've got some
dynamite for them ourselves." The remark was overheard
by a court officer and reported to the judge.
On the morning of October 20, 1967, the
jury returned with its verdict. The verdict on its face
appears to be the result of a compromise. Seven
defendants, mostly from Lauderdale County, were
convicted. The list of convicted men included Deputy
Sheriff Cecil Price, Imperial Wizard Sam Bowers, trigger
man Wayne Roberts, Jimmy Snowden, Billy Wayne Posey,
and Horace Barnett. Eight men, mostly from Neshoba
County, were acquitted, including Sheriff Lawrence
Rainey, burial site owner Olen Burrage, and Exalted
Cyclops Frank Herndon. In three cases, including that
of Edgar Ray Killen, the jury was unable to reach a
verdict. The convictions in the case represented the
first ever convictions in Mississippi for the killing of
a civil rights worker. The New York Times called the
verdict "a measure of the quiet revolution that is
taking place in southern attitudes."
On December 29, Judge Cox imposed
sentences. Roberts and Bowers got ten years, Posey and
Price got six years, and the other three convicted
defendants got four. Cox said of his sentences, "They
killed one nigger, one Jew, and a white man-- I gave
them all what I thought they deserved."
After serving four years of his six-year
sentence, Cecil Price rejoined his family in
Philadelphia. In a 1977 N Y Times Magazine interview,
Price revealed that he recently watched and enjoyed the
television show "Roots." His views on integration had
changed, he said. "We've got to accept this is the way
things are going to be and that's it."
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