The Omaha guide., 1945-03-10
"Mutiny' Charge Not Supported By Evidence Says Naccp
NAACP Files Brief
for Seamen with
Navy Dept. Board
III Min Deliberation
Court Gives "Only
with time out for
lunch) to Each Boys
Case Charges Assoc.
Give-out Publicity to
Discredit Negro
Seamen.


WASHINGTON, DC--An exhaus-
tive brief In behalf Of the SO Negro
seamen convicted of "mutiny" In
California last year was filed here
March 2 by the legal department of
the NAACP.
The brief submitted to Admiral T.
L. Catch, Judge Advocate General
of the United States Navy. asserts
that the trial did not establish the
guilt Of the accused to the crime Of
mutiny, that mass trials are unfair
and generally condemned by legal
authorities, that the ria took so
minutes, including the lunch hour,
to study the record and arrive at a
decision, even though this record
occupied LABS single-spaced type
written pages on legal size paper.
and that the verdict should be set
aside as there could not be any
reason for a mass trial other than
a deliberate attempt to discredit
Negro seamen."
The brief points out that when
the trial was started on September
IA 1914, the Navy Department re-
leased publicity pointing out that
this is the first mutiny trial Of this
war and the first large mutiny
trial in the history Of the Navy.
This publicity carried with IT the
pictures Of the men for the purpose
of showing hat they were Negroes.
The brief points out also that
trials are roundly condemned
by most authorities. This is espec-
tally true in this case, for example,
included among the fifty men, all
tried for the same crime. was one
man, Berlin Kelly. who was on sick
call during the time; another, Ollie
Green, had his arm in a sling dur
ing the alleged disobedience Of or
ders; another, julius Dixson, a 104
lb. boy was instructed by Navy doc
tors to be used as mess cook only
and not for the purpose of loading
ammunition. However, all of the
men We're tried together in the mass
trial.
In commenting on the type Of us
tice received by the men, the brief
declared: although the trial Of
this case involved fifty men, in
cluded the testimony Of all fifty Of
the men. plus the testimony of the
prosecution and defense, and al
though the record of the actual
trial of the ease includes LABS pag-
&c sin O1n-Cnnnnd and - - -
paper, the court arrived at its find
ings Of guilty between 11:55 am.
and LIB pm. We assume that dur
ing this eighty minute period the
court also had time for lunch. Ey-
en- IL we hal the entire 80
minutes were spent in elaboration
on this case, each individual accus-
ed received about a minute and a
half of elaboration. This callous
disregard Of even perfunctory JUS
tice is amazing"
After Analysing all the evidence
produced on behalf Of the prosecu-
ton, the brief concluded that there
was no legal evidence whatsoever
TO sustain the charge of mutiny
and hat the evidence in regard to
the refusal of oby eand order was,
in dispute and in grave doubt. The
brief pointed out many instances
Of obvious prejudicial conduct bas-
ed on race on color by Lieutenant
Commander Coakley, the prosecut-
or, in his efforts to emphasize the
question Of race during the trial.
In requesting that the conviction
of these men be set aside, the brief
pointed out that there could not
possibly be any reason for such a
mass trial for the charge Of NUT
my other than a deliberate attemnt
to discredit Negro m The
NAACP, at the time Of filing the
brief, requested an opportunity 10
make oral argument at a suisse
quent date accomplishing its re-
quest for n iampartial inyestigat-
Ion by the Secretary of Navy of the
conditions leading up to and fol-
lowing the mutiny.