de bene esse: literally, of well-being, morally acceptable but subject to future validation or exception
In the segregated South in 1965, John Queen was about as
insignificant as a man could be. He was black, elderly and paralyzed.
His legs had been crushed when as a boy he fell off a roof. For the rest
of his life, he pulled himself around with his hands.
In Fayette, Miss., he would shine shoes on Main Street for a few
coins. People called him “Crippled Johnny” or “Shoe-Shine Johnny.”
“He didn’t have legs, so he walked like a rabbit,” says Lillie Lee
Henderson, Queen’s great-niece. She remembers how her uncle used two
wooden shoeshine boxes to push and pull himself along the pavement. “He
would put his arm through the handles of the shoeshine boxes and then
swing his body forward. That’s how he moved. Like you would see a bunny
rabbit hop.”
When Queen was killed on Aug. 8 at the age of 65, it took just
minutes for authorities to decide that he was the aggressor. That he
shot first. And that the white man fired in self-defense.
But in 2007, the Queen case was put on an FBI list of what it called
unsolved “racially motivated killings from the civil rights era.” In
February of that year, FBI Director Robert Mueller stood at a microphone
with officials from major civil rights groups and announced that his
agents would begin investigating about 100 such cases.
Today, the Queen case is one of just 27 cases that the FBI calls
open. The vast majority of the 112 cases in the FBI’s Cold Case
Initiative have been closed without prosecution. Only two were
successfully prosecuted.
Documents obtained by NPR via a Freedom of Information Act request
show that the FBI began its active investigation into the Queen case in
late 2008, but it stalled because agents found only two witnesses: the
man who shot Queen and the man’s sister.
Credit Jack Thornell / AP———-When John Queen died in
August 1965 in front of the Ice House (the building between the Standard
Oil station and The Dollar Store), rules of racial inferiority were so
entrenched in Fayette, Miss., that black residents felt they couldn’t
complain. But just four months later things changed and black residents
marched on Dec. 24 as part of their boycott against white-owned
businesses.
The Search For Witnesses
NPR — working with Stanley Nelson of the Concordia Sentinel in
Ferriday, La., who has written about the region’s civil rights era
violence — found several new witnesses who have never told their stories
to the FBI. Their versions are often contradictory, however. There was
little investigation by local authorities in 1965, and no evidence was
saved.
As a result, NPR’s investigation can’t say with certainty how Queen
died. This is a story about how justice worked — or didn’t work — in a
segregated world from the not-so-distant past.
Adam Lee with the FBI’s Civil Rights Section says officials cannot
talk about details of the case because it’s still open. In a prepared
statement, Lee says:
“We realize that the dearth of living witnesses and Queen’s obvious
physical disabilities invites speculation and suspicion as to the
circumstances of his death. However, FBI investigations are driven by
facts and evidence, not suspicions and speculation. While we have not
yet closed this tragic case and thus cannot comment on the specifics of
the investigation, we currently lack sufficient evidence to conclusively
disprove the subject’s claim of self-defense. The FBI will consider any
additional evidence concerning this matter from a credible source.”
The one thing the new witnesses found by NPR agree upon is that Queen
was shot and killed after he cursed in front of a white man.
Martha Wallace, who was then 18, says she was standing just a few
feet away and heard the argument. “All I remember: I heard the word ‘s- –
-’ or ‘damn,’ or something like that. And I know the man said, ‘Don’t
talk like that in front of my wife and daughter.’ And John, you know,
John had kind of a big mouth. John said, ‘I can say s- – - whenever I
get ready.’ And that was it. And the next thing I heard was a shot.”
It happened at the ice house on Main Street. A warehouse is there
now, but back in 1965, the ice house was a place where people without
electricity came to buy blocks of ice to keep their food cool.
Credit AP——Just three weeks after Queen died, the leader
of the NAACP in nearby Natchez, Miss., was seriously injured in a car
bomb. Charles Evers led protests, including this one in October 1965.
On a steamy summer afternoon, people would hang out on its porch where cold air wafted from the ice-making machines.
Wallace and her sister, Hilda Johnson, who was then 12 , remember the
dark sedan that drove up and the driver who got out — a white man with
dark hair.
Jasper Burchfield was a part-time elected constable. He was off duty
at the time he was driving north on Highway 61 to the Mississippi Delta
with his family, including his mother and young sister. He was from the
next county over, so he didn’t know that Queen was a town character who
was sometimes friendly, sometimes surly and would sometimes be drinking.
And Burchfield didn’t know that in Fayette, it was a kind of a sport to
get Queen riled up because Queen could go off on one of his famous
cursing streaks.
So when Burchfield drove up to get ice, Queen was hanging out with a
few other men, laughing and joking. His voice was loud enough for
Burchfield to hear him curse. Burchfield told him to stop, and Queen
cursed again.
And that, as Johnson recalls, broke all the rules: “Back in them days, you know … you had to watch what you say.”
In August 1965, the civil rights movement was changing the country.
Just two days before Queen was shot, President Lyndon Johnson signed the
Voting Rights Act into law.
Still, in Jefferson County, where Fayette is located, blacks
outnumbered whites 3 to 1. But only one black person was registered to
vote, according to a report by the U.S. Justice Department.
A black man still stepped off the sidewalk when a white person
approached and always let a white customer go to the head of the line at
the grocery store. If a letter to someone black was addressed to “Mr.
and Mrs.,” the postmaster took a pencil and crossed out that title.
Credit Joseph Shapiro / NPR——-As a young man, Burchfield
worked at the International Paper plant in Natchez, Miss., by day, and
as a constable at night.
What happened after Queen cursed is what is in dispute. Who had a
gun? Was there more than one shot? Who pulled the trigger first?
This matters in this case because the Justice Department could still
prosecute under civil rights law after all these years, but only if it
could be shown that a law enforcement officer shot a defenseless
paraplegic black man.
Walace and Johnson were sitting in different parts of the ice house.
“I just really heard one shot,” says Wallace. “Really like a firecracker
to me.” Then, she says, she saw Queen dead, his red blood running with
the ice water.
Another witness, Melissa Martin Wright, also remembers hearing a
single shot. She was a few weeks shy of her eighth birthday and was
walking directly across the street from the ice house.
“I just remember hearing a boom and turning and seeing someone
tumble. … It was a black man and he was crippled,” she says. “It was
like, ‘Oh, what’s wrong with him?’ and then it was like, ‘Oh my gosh, he
was shot.’ So I just ran.”
Wright didn’t see who had a gun; nor did Wallace and Johnson.
But here’s where things get murky. NPR also found witnesses who say Queen had a gun, too.
“It was an old revolver of some type,” says Charles Dawkins, who says
he drove up to the ice house with his cousin just after the shooting.
Dawkins is one of four new witnesses, black and white, who arrived
moments after the shooting and saw Queen with a gun in his hand. “He was
laying on his back out there with his arm out with a pistol in his
hand,” says Iamon Dawkins. “Hell, it looked like he could shoot it. But
he, of course, was dead.”
The Rev. Percy Turner, one of Queen’s friends, says Queen once showed
him how he kept a small old pistol for protection in one of his wood
shoeshine boxes.
Credit Joseph Shapiro / NPR——When Jim Crow laws ended,
Shirley Cruel — Queen’s great-niece — went back to school and became a
social worker. Here, Cruel, who died at age 66 last April, is flanked by
grandson Alvion Sampson and her daughter Kaye Sampson.
There are also witnesses who say they heard what sounded like
multiple shots. Others say that a bullet hit the house across the
street. It was Queen who was facing the house. Iamon Dawkins remembers
the owner of that house, a local car dealer, making a fuss about the
bullet that hit the wires to his television.
That man is no longer living, but his daughter remembers her parents
talking about a bullet shot through the front of the house. She wasn’t
living there then, and she says she doesn’t remember if it had anything
to do with Queen’s shooting.
Still, even if both Queen and Burchfield had guns, we can’t know for
sure who pulled a gun first. No one roped off the ice house or recovered
the bullet (or bullets). There was no autopsy of Queen’s body to
confirm how many times he had been shot.
Instead, the story that was quickly accepted as the official truth
was Burchfield’s: that Queen shot first and Burchfield shot back in
self-defense.
Tom Harper, who lived a block away from the ice house, recalls
hearing what sounded like multiple gunshots. He says he jumped up from
his parents’ dinner table and ran past the Methodist church, the propane
gas company, the newspaper office; he crossed Mead Street and ran past
the gas station.
At the ice house, he saw Queen dead on the ground with a small, old
pistol in his hand. And nearby, he saw Burchfield standing by his car.
“He was not as excited or as nervous as you might expect somebody to
be that had just killed somebody,” Harper remembers. “He was just,
matter-of-fact, this is what happened.”
Harper says Burchfield was eager to tell his version. He and other
witnesses recall that Burchfield said Queen was on the ice house porch,
about four feet off the ground, and that Burchfield was at street level.
Burchfield was just 6 to 10 feet away when Queen fired his gun. But
Burchfield ducked and Queen’s bullet whistled past his head. Harper
recalls how Burchfield described how he then reached into his car for
his service revolver and fired, hitting Queen at the waist.
In Burchfield’s account, Queen slumped over, then rose suddenly and
aimed his pistol again. So Burchfield fired and hit Queen again.
“Johnny was still trying to aim his revolver at Burchfield, and
that’s when Burchfield fired the third shot that went right in the
center of Johnny’s forehead. And that was the fatal blow,” Harper
remembers Burchfield saying.
Wallace, who saw the argument, had run from the ice house, but as
people in town rushed to the scene, she followed them back. She
remembers seeing Jefferson County Deputy Sheriff Robert Pritchard drive
up and shake Burchfield’s hand in what she described as a friendly
manner.
“I don’t think if I had shot you, he would of came in and shook my hand, do you? I mean, I really don’t,” she says.
Credit Joseph Shapiro / NPR—–Jasper Burchfield was a 36-year-old part-time constable when he shot and killed Queen in 1965.
In Burchfield’s Words
NPR went searching for Burchfield to ask him about the day he shot and killed Queen.
Driving down a long gravel road toward a newly built wood house with a
long front porch in Mississippi were two NPR journalists — myself and
producer Amy Walters — along with Nelson of the Concordia Sentinel.
These days Burchfield runs a business cleaning out septic tanks. A couple of his white pumper trucks are parked in the yard.
Burchfield answers the door dressed in stained khaki work clothes. He
becomes angry when asked about the Queen shooting. “You ain’t gonna
talk to me about no s- – - like that,” he says. But instead of going
back inside his house, he leans against his door frame and continues
yelling.
“I figure it ain’t none of your damn business. Now that’s how I feel
about it,” he says. “I’m 83 god- – - – years old. And I work every day,
except Sundays. … If you all can’t do something beside pick on people
like that, I’d quit if I was you. I’d find me something else to do.”
Burchfield went from angry to ornery, but after more than an hour of prodding, he became friendly.
He tells personal stories — about being an Army machine gunner in the
Korean War, where he hated the death he saw and how it haunted him
after coming home.
“It takes a while to get over it. You jump at anything,” he says.
He talks about his mean and quick-to-fight father, who he says taught
him to be honest. And he talks about surviving cancer — the melanoma
that left his face pockmarked and disfigured.
Burchfield, who is now 84, then tells the same version he’s told over
the years of what happened the day he drove his family in his Buick to
the ice house in Fayette: Queen was the first to pull a gun and shoot,
so he got his own gun from his car and fired back. “I tell you, if I
hadn’t of shot him,” he says, “he would of killed my momma and daddy and
probably my little sister.”
Delores Mullins, Burchfield’s sister, supports her brother’s story
only to a point. She was 14 then and in the back seat of the car. NPR
obtained an FBI agent’s notes and the write-up of two interviews with
her.
In 2009, after the FBI reopened the case, she told the agents that
Queen pulled his gun first. But then — contradicting her brother — she
said Queen never got off a shot because his gun jammed.
The FBI then asked her to take a lie detector test. She refused on
the advice of her attorney. That’s where the FBI paused its
investigation. She declined to speak to NPR. Family members said her
health is too fragile for her to be interviewed.
Credit Joseph Shapiro / NPR——Martha Wallace was 18 when
she witnessed the argument between Queen and Jasper Burchfield. “I just
really heard one shot,” she says. “Really like a firecracker.”
The Coroner’s Jury
A little more than an hour after Queen was shot, Pritchard, the
deputy sheriff, told County Coroner R.A. “Sonny Boy” Cupit to gather six
respected men in the community to form a coroner’s jury to rule on how
Queen died. That was standard practice.
All of the members of the coroner’s jury are dead now, except for Elmo Gabbert, who was a young doctor in 1965.
Gabbert remembers the coroner’s jury met at the ice house and that
the sheriff presented one piece of physical evidence: Queen’s old
revolver. “I remember vividly the gun, what it looked like to this day,”
he says. “It was silver-plated. It had a black handle. And I remember
that it was loaded.”
Outside the ice house, Queen’s family and other black residents waited for the decision of the coroner’s jury.
Henderson, Queen’s great-niece, remembers that after about 20
minutes, the sheriff came out and said it was over and told everyone to
go home.
“Everybody come away from the ice house upset,” she recalls, “because
the inquest ruled that it was Uncle John’s fault and that this man had
shot in self-defense.”
The report from the coroner’s inquest is the one existing court
record. NPR found it in the dusty basement of the Jefferson County
Courthouse.
It is one sentence long: “Johnny Queen, came to his death by reason
to-wit: Four gunshot wounds (.38 S & W special pistol) fired by J.W.
Burchfield, in our opinions, in self-defense.”
A preliminary hearing before the justice of the peace reached the
same conclusion the next morning. That hearing was so short that by the
time an FBI agent arrived — he was driving from Natchez, a half-hour
away — it was over.
Two local newspaper articles and a report to the State Highway Patrol
quote the sheriff’s version of things. They note that two black
employees of the ice house testified, but there’s no reporting on what
they said.
Queen was buried the next day, but even though the FBI had already
deployed scores of agents to stop racial violence in Mississippi by
1965, NPR found documents that show the FBI did not open an
investigation that year.
Credit Joseph Shapiro / NPR——Melissa Martin Wright, who was almost 8 when Queen died, says she saw him tumble after he was shot.
Inside The FBI Files
The Queen incident was not the first time Burchfield had been
questioned by the FBI. Just six months before Queen’s death, an FBI
agent knocked on Burchfield’s door. It was Feb. 9 and the agent was
there because a police informant had identified Burchfield as a
suspected member of the violent White Knights of the Ku Klux Klan.
Around Natchez, Miss., the Ku Klux Klan had been terrorizing black
communities with beatings, bombings and killings.
Burchfield responded angrily, according to the FBI agent’s report.
“Burchfield spoke in a very derogatory manner of what he referred to as
the ‘Nigger situation,’ and talked at length about the manner in which
the quote ‘Jews’ were handling the United States, and the effect they
have had on the American dollar and the American economy,” says the
report, which was among about 300 pages of documents NPR received from
the FBI via a Freedom of Information Act request filed about the Queen
case.
In the interview with NPR, Burchfield denies ever being a member of
the Ku Klux Klan or attending any Klan meetings. “I never been in
nothing like that,” he says. “I ain’t never been in no Ku Klux Klan.”
Information inside FBI files contradicts Burchfield. In the 1960s, an
informant told the Adams County Sheriff’s Department and the
Mississippi Highway Safety Patrol that Burchfield was a Klansman. Those
reports were sent to the FBI. The informant was a Klansman who was also
Burchfield’s neighbor. He said it’s possible Burchfield may have quit
once he was elected constable, which was shortly before he shot Queen.
NPR found these files in documents requested from the FBI. More
documents were found at the National Archives in the files of a
congressional investigative committee.
In February 1966, the House Committee on Un-American Activities, best
known for its investigations of people and groups suspected of having
ties to the Communist Party, released a list naming dozens of Ku Klux
Klan leaders and members. Burchfield’s name was on that list, which was
published in newspapers in Mississippi and around the country.
Burchfield worked by day at the International Paper plant in Natchez
and at night as the constable in nearby Fenwick. In one document in the
FBI files, the Adams County Sheriff’s Department — the county around
Natchez — names Burchfield as a suspected member of a gang of hooded men
who, at night, were abducting and whipping black men.
In one incident, the sheriff’s office considered Burchfield a top
suspect. One of the masked men brandished a distinctive pistol with a
long barrel, and a sheriff’s deputy said it resembled a similar weapon
that belonged to Burchfield. No arrests were ever made in that case.
Today, Burchfield says he has never heard of the victim nor was he
involved in beating him up or hurting any other black man. “Why I gonna
do something like that?” Burchfield asks. “I never done nothing like
that in my life. I get along with blacks myself. I never had no trouble
with no blacks. Not a one.”
Still, by the time Burchfield shot and killed Queen in Fayette, his
name was already in the files of the local sheriff, the state police and
the FBI as a suspected member of the KKK. There was no indication that
police in Fayette knew or followed up on that fact.
Credit Joseph Shapiro / NPR——–Charles Dawkins arrived at
the scene moments after the shooting. He says he saw Queen lying dead
with a revolver in his hand.
The Decision Not To Investigate For 43 Years
The morning after Queen was shot, Billy Bob Williams, the agent in the FBI’s new office in Natchez, drove to Fayette.
Williams says he spoke to Pritchard, the deputy sheriff, who
explained that this was not a racially motivated shooting. Williams
trusted Pritchard and concluded that the shooting wasn’t the kind of
case the FBI was interested in. It wasn’t a planned and organized
killing by the Klan.
“It just seemed to be that this was a confrontation between two men,” says Williams, who is retired and now lives in Oregon.
It took another 43 years before the FBI opened the Queen case as part
of its initiative to investigate so-called “racially motivated”
unsolved killings from the civil rights era.
So in 2009, FBI agents once again knocked on Burchfield’s door.
Burchfield repeated the story that he had shot Queen in self-defense.
Credit Joseph Shapiro / NPR——A coroner’s jury formed by
the deputy sheriff quickly reached a conclusion in Queen’s death. The
official document reads that Queen died of “four gunshot wounds” fired
by Burchfield “in self-defense.”
Sparking Change
Henderson, Queen’s great-nieces, remembers the shooting as a pivotal
moment for black residents of Fayette. “The black citizens in Jefferson
County had reached a peak,” she says. “That old cliche: I’m sick and
tired of being sick and tired.”
The death of her great-uncle — and the inability to say anything about it –sparked that change, she says.
“The killing of John Queen was an in-your-face situation right on
Main Street on a Sunday afternoon,” Henderson says. “This wasn’t behind
the door. The Klan didn’t have sheets over their face. This was a white
man who killed a paraplegic black man. He killed him on Main Street.”
Less than three weeks after Queen’s death, the leader of the NAACP in
nearby Natchez turned the ignition key in his Chevrolet and a bomb blew
up. George Metcalfe was severely injured in the blast.
Charles Evers was then the NAACP’s top official in Mississippi — a
job he had taken over after the assassination of his brother, Medgar
Evers.
Evers began organizing protests in Natchez, and on the way from his
home in Jackson to Natchez, he drove Highway 61 through Fayette, right
past the spot where Queen died.
“And I found out that Fayette was predominantly Negro,” Evers recalls. So he started registering black residents to vote.
When Queen died in August 1965, it was too risky for black people to
complain about it. But Evers challenged all that. In December, just four
months later, he led hundreds in protest marches to demand jobs and the
right to vote, and for basic respect — to be called Mr. and Mrs, not
boy or girl, anymore.
“I went in there, wasn’t afraid of white people,” says Evers, who was known for his fearlessness and titled a memoir Have No Fear. “I went in there cussing ‘em and calling ‘em all kind of names. And they couldn’t believe that.”
Credit Joseph Shapiro / NPR——-The local newspaper
reported that the dispute started when Queen used “vulgar and indecent
language” and Burchfield asked him to stop. Then Queen pulled out a
pistol and shot.
It’s an ironic twist given that Queen died after an argument that
started when the black man cursed in front of a white constable.
Two years later in 1967, Fayette elected Early Lott Sr. as its first
black constable. He was one of four black officials elected in Jefferson
County and among 22 African-Americans elected that year to public
office around the state, the first blacks elected since Reconstruction.
Lott told Phyllis Garland, a reporter for Ebony magazine,
that Queen’s death inspired him to run for office. The World War II
veteran described seeing Queen’s blood running on Main Street.
“It was then, when I saw that, I decided that if the time ever came
when I’d have a chance to try and change things, I’d do it. That cripple
had been killed because he felt the way I felt. He’d only tried to
speak up for himself like a man,” he said.
By 1969, Evers was elected mayor. Federal money and private money
from the North flowed to Fayette. But the hope and prosperity didn’t
last, and today Fayette is again one of the nation’s poorest places.
Family Memories
On a Sunday afternoon last year, Shirley Cruel’s family — her
daughter, a grandson and several nieces and nephews — came to see her at
a nursing home on Main Street in Fayette. She’s another of Queen’s
great-nieces.
In 1965, she was a high school dropout and unmarried mother. When
things changed in Fayette, she got her GED, went to college and became a
social worker.
“He was just a black man in the ’60s,” she says about her uncle. “And
who cared about a black man in the ’60s? No justice was given to him.”
As Cruel talks, her 18-year-old grandson, Alvion Sampson, sits nearby listening, with a look of astonishment on his face.
Credit Joseph Shapiro / NPR——–Nothing about Queen’s story
seems set in stone. His grave marker includes the wrong birth date and
the date of his death is off by a week.
He’s never heard of Queen, his relative who died just a few blocks up the street.
“At my old school, we did Mississippi history and we read about
Medgar Evers and then read about Emmitt Till,” he says. But he had never
heard about his family’s history. “This is the first time I ever heard
about it. The first time.”
His grandmother says it was time for her grandson, for Mississippi and for the world to know about what happened to Queen.
Shortly after this interview, Cruel died.
That’s one reason why civil rights advocates say it’s important to
know about these killings from the civil rights era. After 50 years,
relatives, witnesses — and suspects — are dying. That makes it hard to
get to the truth in these cases, but also easy to forget them.
http://www.nwpr.org/post/justice-segregated-south-new-look-old-killing
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