Arizona sun., 1948-08-20
FIRE LEVELS LEPPLA-PRATT
Negroes Acquitted Of
Fraudulent Charge
BY DELL GREEN

Manuel D. Tally, Field Represen-
tative of the Congress of Racial
Equality, and his associate William
J. Roberts, were returning to Los
Angeles, California, from CORE
convention in Cleveland, Ohio, last
June % when they were arrested
in Phoenix, for disturbing the
9 peace.
Tally and Roberts entered the
Coney Island Restaurant, 1S East
Van Buren and requested service.
The proprietor refused to serve
them, and they attempted to per-
suade him to cater to Negroes as
we'll as caucasians. The proprietor
went to the rear of the establish
ment and called the police. I'm
knowing of the managers action
Tally and Roberts continued their
conversation with the owner, upon
his return.
Patrolmen Green and Bundy, of
the Phoenix Police Department,
arrived and arrested Roberts and
Tally. The telephone rang and
Bundy asked Tally to answer. A
deep voice said, whats going on
down there?" Tally replied, Moth
ing" Who is this?" the same
deep voice based out. "Who is
this?" asked Tally, II am Captain
Smith of the Phoenix Police De-
partment," Tally disclosed his iden-
tification, and was informed by
Capt. Smith that for Tally's actions
he could be arrested for one of sew
eral charges, to-wit: Vagrancy,
lettering, or disturbing the peace.
Tally told him that he was only
standing up for his constitutional
rights and would leave when he
was served or arrive at some un-
derstanding with the management.
The two men, Tally and Roberts,
were taken to police headquarters.
Phoenix citizenry through DR.. R..
B. Phillips, posted twenty-five dol
lar bail each and secured the serv-
ices of Attorney Darrell r. Parker
in their defense. The trial was set
for August 4 at the County seat
of Maricopa County and they were
released.
Attorney Parker in his masterful
and unequal manner presented the
case of his clients to the court and
revealed that they were not acting
in a disorderly manner; that they
were not using profanity; that
their request for service was in Or
der. He further stated that the
plaintiff was Greek, that the pros
ecution was Jewish and that the
defendants were Negroes, estab-
fishing that fact, Immediately Grad
icated the racial issue of the trial.
After one hour of deliberation the
jury returned and presented the
court with their verdict, "Not
Guilty"
Tally and Roberts were later in
terviewed by the Suns Reporter
and showed deep concern for or
ganizing a chapter of CORE in
Phoenix. Remarked Tally, There
is definite need for a Chapter of
CORE in Phoenix. It is the policy
four organization to end discrim-
ination and jim-croW through di-
rect action against the establish
ments that practice it by securing
public sympathy for our fight to
secure racial equality, economic
equality and social equality.
CORES action against establish
ments in Los Angeles has been re-
warded with the success which
took much foresight to conceive
and the same can be done in Phoe-
nix, Tally said. My brief stay in
this city shows me that the liberals
here will support the efforts of all
minority groups to attain social
recognition. The Negroes must
know what they want and with
the aid of others make their de-
sires mature into reality"