The Omaha guide., 1944-10-21

Did Not Commit
Collective Insubordin-
alton says Marshall

Yer5a Benna Island, Calif.,-After
listening to three days testimony of
the so Negro seamen charged with
mutiny for refusal to load ammunit-
ion al the Mare Island depot, Aug
ast 9. Special NAACP Counsel,
Thurgood Marshall declared, These
men are being tried for mutiny sole
1y because of their race or color"
Following an urgent telephone call
from Joseph James, president OF the
local NAACP Branch, asking that
National Office assistance be given
the defendants Immediately, Mr..
Marshall flew to San Francisco,
where he has been reviewing testi-
mony and interviewing the men. In
his report of proceedings thus far he
charged:
"The last of the defendants was on
the stand today and the defense
nigh. close its case tomorrow. The
Port Chicago explosion was on July
18th and many OF the accused we're
in Port Chicago at that time. Many
of them were hurt. On August 9th
they were transferred to another is
land and told to fall in for work,
meaning loading ammunition. They
did nor. Their officers including the
Admiral talked to them. Then their
officer asked them the following -
All of you who are willing to obey
all lawful orders stand fast. All
who are not fall out and give your
names to the officers. Some stood
fast and others fell out. Those who
fell out were arrested. There were
257 altogether but it ends up that
only so are charged with mutiny.
THE men take the position that
the above statement BY the officer
was no. considered by them to be ar
order and what they meant by their
actions was that they did not want
to load ammunition. They die not
mean to disobey an order.
"A typical euample of their testi-
mony is that of Seaman Bordenave,
who is ust II. He had enlisted when
he was 16. das released when they
discovered his age and re-enlisted as
soon as he was II. He had only
been handling ammunition a week
and wa a hatch tender which meant
that he was the one who directed the
operator of the winch as to how to
lower the ammunition into the hole
No wonder they were all afraid to
load ammunition. Every man testi-
fled that since the Port Chicago af-
fair they were afraid to load am
muniticn.' Three Of the accused men
handled winches, n had ten months
experience, two had two months ex-
perience all experience with with
ammunition.
Lieutenant James F. Coakley, for
mer assistant prosecutor of Alameda
County, California, under the present
Governor Warren is the Judge Advo-
cate. He asks each of the accused
who is from above the Mason and
Dixon line where are you from He
never asks any of the good southern
boys the uestion. Today he asked
one of the accused where he was
from and the man said, Chicago.
He asked him where he took boot
training, the boys replied, Great
Lakes, %whereupon Oakley said,
-sDidn't they teach you to address of
ficers as Sir? Why can't you say,
Sir to me-"
There IS no sufficient evidence of
mut;ny or conspiracy.
There is no evidence of refusal to
obey a direct order.
These men are being tried for
MUrINY solely because of their
race or color.
The meaning of MUTINY, under
which these men are being tried is
collective characterization with in
tent to disobey a lawful command. In
order to find defendants guilty OF
mutiny it is necessary for prosecu-
tion to prove there was collective in
subordination which consists of z
persistent and concerted refusal OF
omission to obey orders, or to dc
duty. None of these men appears tc
have conspired collectively to disobey
or perform duty with insubordinatt
intent.