Angelo Herndon was an African-American Communist organizer who, after working on behalf of poor and unemployed blacks and whites in Atlanta, Georgia, was charged with “insurrection” in 1932. In his defense, Herndon spoke directly to the all-white jury and, though he was found guilty, the jurors recommended mercy. Still, the court sentenced Herndon to eighteen to twenty years in prison. Herndon was released, however, in 1936, after his case drew international attention.
Gentlemen of the Jury: I would like to explain in detail the nature of my case and the reason why I was locked up. I recall back about the middle of June 1932, when the Relief Agencies of the City of Atlanta, the County Commission and the city government as a whole, were cutting both Negro and white workers off relief We all know that there were citizens who suffered from unemployment. There were hundreds and thousands of Negroes and whites who were each day looking for work, but in those days there was no work to be found.
The Unemployment Council, which has connection with the Unemployed Committees of the United States, after 23,000 families had been dropped from the relief rolls, started to organize the Negro and white workers of Atlanta on the same basis, because we know that their interests are the same. The Unemployment Council understood that in order to get relief, both races would have to organize together and forget about the question whether those born with a white skin are “superior” and those born with a black skin are “inferior." They both were starving and the capitalist class would continue to use this weapon to keep them further divided. The policy of the Unemployment Council is to organize Negroes and whites together on the basis of fighting for unemployment relief and unemployment insurance at the expense of the state. The Unemployment Council of Atlanta issued those leaflets after the relief had been cut off, which meant starvation for thousands of people here in Atlanta. The leaflets called upon the Negro and white workers to attend a meeting at the court house building on a Thursday morning. I forget the exact date. This action was initiated as the result of statements handed out to the local press by County Commissioners who said that there was nobody in the City of Atlanta starving, and if there were, those in need should come to the offices of the Commissioners and the matter would be looked into. That statement was made by Commissioner Hendrix.
The Unemployment Council pointed out in its circulars that there were thousands of unemployed workers in the City of Atlanta who faced hunger and starvation. Therefore, they were called upon to demonstrate in this court house building, about the middle part of June. When the Committee came down to the court house, it so happened that Commissioner Hendrix was not present that morning. There were unemployed white women with their babies almost naked and without shoes to go on their feet, and there were also Negro women with their little babies actually starving for the need of proper nourishment, which had been denied them by the county of Fulton and State of Georgia and City of Atlanta as well.
Well, the Negro and white workers came down to the Commissioners’ office to show that there was starvation in the City of Atlanta and that they were in actual need of food and proper nourishment for their kids, which they never did receive. I think Commissioner Stewart was in the office at that time. The white workers were taken into his room and the Negroes had the door shut in their faces. This was done with the hope of creating racial animosity in order that they would be able to block the fight that the Negro and white workers were carrying on—a determined fight to get relief. The white workers were told: well, the county hasn’t -any money, and of course, you realize the depression and all that but we haven’t got the money.” We knew that the county did have money, but were using it for their own interest, and not for the interest of the Negro workers or white workers, either way. They talked to the white workers some considerable time, but when the white workers came out, they had just about as much results as the Negroes did—only a lot of hot air blown over them by the Commissioners, which didn’t put any shoes on their little babies’ feet and no milk in their stomachs to give them proper nourishment. No one disputed the fact they did keep the Negroes on the outside, but the white workers were in the same condition that their Negro brothers were in. In spite of the fact that the County Commissioners had published statements to the effect that there was no money in the county treasury to provide unemployment relief for the Negro and white workers, still the next day after the demonstration the County Commissioners voted $6,000 for relief, mainly because it was shown that for the first time in the history of Atlanta and the State of Georgia, Negro and white workers did join together and did go to the Commissioners and demand unemployment insurance. Have not they worked in the City of Atlanta, in different industries, different shops and other industrial concerns located in Atlanta for all their years, doing this work, building up the city where it is at the present time? And now, when they were in actual need of food to hold their bodies together, and when they came before the state and county officials to demand something to hold their bodies together, they were denied it. The policy of the Unemployment Council is to organize these workers and demand those filings that are denied them. They have worked as slaves, and are entitled to a decent living standard. And, of course, the workers will get it if you ever organize them.
After the successful demonstration, the solicitor’s office had two detectives stationed at the post office to arrest anyone who came to take mail out of box 339. On Monday, July 11,1932,1 went to the post office to get mail from this box and was arrested by detectives, Mr. Watson and Mr. Chester. I had organized unemployed workers, Negro and white, of Atlanta, and forced the County Commissioners to lack in $6,000 for unemployment relief. For this I was locked up in the station house and held eleven days without even any kind of charges booked against me. I was told at the station house that I was being held on “suspicion.” Of course, they knew what the charges were going to be, but in order to hold me in jail and give me the dirtiest land of inhuman treatment that one could describe, they held me there eleven days without any charge whatsoever until my attorney filed a writ of habeas corpus demanding that they place charges against me or turn me loose. It was about the 22nd of July, and I still hadn’t been indicted; there had been three sessions of the grand jury, and my case had been up before them each time, but still there was no indictment. This was a deliberate plot to hold me in jail. At the habeas corpus hearing, the judge ordered that if I wasn’t indicted by the next day by 2:30,1 should be released. Solicitor Hudson assured the judge that there would be an indictment, which, of course, there was. Ever since then I have been cooped up in Fulton County Tower, where I have spent close to six months—I think the exact time was five months and three weeks. But I want to describe some of the horrible experiences that I had in Fulton Tower. I was placed in a little cell there with a dead body and forced to live there with the dead body because I couldn’t get out of the place. The man s name was William Wilson, who fought in the Spanish-American war for the American principles as we usually call it. He was there on a charge of alimony. His death came as a result of the rotten food given to all prisoners, and for the want of medical attention. The county physician simply refused to give this man any land of attention whatsoever. After three days of illness, he died, and I was forced to live there with him until the undertaker came and got him. These are just some of the things that I experienced in jail. I was also sick myself. I could not eat the food they gave me as well as hundreds of other prisoners. For instance, they give you peas and beans for one dinner, and at times you probably get the same thing three times a week. You will find rocks in it, and when you crack down on it with your teeth, you don’t know what it is, and you spit it out and there it is. They have turnip greens, and just as they are pulled up out of the ground and put in the pot, with sand rocks and everything else. But that’s what you have to eat, otherwise you don’t live. For breakfast they feed grits that look as if they were baked instead of boiled, a little streak of grease running through them, about two strips of greasy fatback. That is the main prison fare, and you eat it or else die from starvation. I was forced to go through all of this for five months without a trial. My lawyers demanded a trial time after time, but somehow the state would always find a reason to postpone it.
They knew that the workers of Atlanta were starving, and by arresting Angelo Herndon on a charge of attempting to incite insurrection the unity of Negro and white workers that was displayed in the demonstration that forced the County Commissioners to lack in with $6,000 would be crushed forever. They locked Angelo Herndon up on such charges. But I can say this quite clearly, if the State of Georgia and the City of Atlanta think that by locking up Angelo Herndon, the question of unemployment will be solved, I say you are deadly wrong. If you really want to do anything about the case, you must go out and indict the social system. I am sure that if you would do this, Angelo Herndon would not be on trial here today, but those who are really guilty of insurrection would be here in my stead. But this you will not do, for your role is to defend the system under which the toiling masses are robbed and oppressed. There are thousands of Negro and white workers who, because of unemployment and hunger, are organizing. If the state wants to break up this organization, it cannot do it by arresting people and placing them on trial for insurrection, insurrection laws will not fill empty stomachs. Give the people bread. The officials knew then that the workers were in need of relief, and they know now that the workers are going to organize and get relief.
After being confined in jail for the long period of time that I have already mentioned, I was sick for several weeks. I asked for aid from the county physician and was refused that; the physician came and looked through the bars at me and said, "What’s the matter with you?” I told him, “I’m sick, can’t swallow water, my chest up here is tight and my stomach absolutely out of order, seems as if I am suffering with ulcers or something.” He would answer; “Oh, there’s nothing the matter with you, you’re all right.” I explained: “I know my condition. I know how I’m feeling.” He said: ‘You will be all right.” Through friends I was able to get some medicine; otherwise I would have died.
On Christmas Eve I was released. My bail was once $3,000 but they raised it to $5,000 and from that up to $25,000, just in order to hold me in jail, but you can hold this Angelo Herndon and hundreds of others, but it will never stop these demonstrations on the part of Negro and white workers, who demand a decent place to live in and proper food for their kids to eat.
I want to say also that the policy of the Unemployment Council is to carry on a constant fight for the rights of the Negro people. We realize that unless Negro and white workers are united together, they cannot get relief. The capitalist class teaches race hatred to Negro and white workers and keep it going all the time, tit for tat, the white worker running after the Negro worker and the Negro worker running after the white worker, and the capitalist becomes the exploiter and the robber of them both. We of the Unemployment Council are out to expose such things. If there were not any Negroes in the United States, somebody would have to be used as the scapegoat. There would still be a racial question, probably the Jews, or the Greeks, or somebody. It is in the interest of the capitalist to play one race against the other, so greater profits can be realized from the working people of ail races. It so happens that the Negro’s skin is black, therefore making it much easier for him to be singled out and used as the scapegoat.
I don’t have to go so far into my case, no doubt some of you jurymen sitting over there in that box right now are unemployed and realize what it means to be without a job, when you tramp the streets day in and day out looking for work and can’t find it. You know it is a very serious problem and the future looks so dim that you sometimes don’t know what to do, you go nuts and want to commit suicide or something. But the Unemployment Council points out to the Negro and white workers that the solution is not in committing suicide, that the solution can only be found in the unity and organization of black and white workers. In organization the workers have strength. Now, why do I say this? I say it because it is to the interest of the capitalist class that the workers be kept down all of the time so they can make as much profit as they possibly can. So, on the other hand, it is to the interest of Negro and white workers to get as much for their work as they can—that is, if they happen to have any work. Unfortunately, at the present time there are millions of workers in the United States without work, and the capitalist class, the state government, city government and all other governments, have taken no steps to provide relief for those unemployed. And it seems that this question is left up to the Negro and white workers to solve, and they will solve it by organizing and demanding the right to live, a right that they are entitled to. They have built up this country, and are therefore entitled to some of the things that they have produced. Not only are they entitled to such things, but it is their right to demand them. When the State of Georgia and the City of Atlanta raised the question of inciting to insurrection and attempting to incite to insurrection, or attempting to overthrow the government, all I can say is, that no matter what you do with Angelo Herndon, no matter what you do with the Angelo Herndons in the future, this question of unemployment, the question of unity between Negro and white workers cannot be solved with hands that are stained with the blood of an innocent individual. You may send me to my death, as far as I know. I expect you to do that anyway, so that’s beside the point. But no one can deny these facts. The present system under which we are living today is on the verge of collapse; it has developed to its highest point and now it is beginning to shake. For instance, you can take a balloon and blow so much air in it, and when you blow too much it bursts; so with the system we are living under—of course, I don’t know if that is insurrection or not!
Excerpts from You Cannot Kill the Working Class
They say that once a miner, always a miner. I don’t know if that’s so, but I do know that my father never followed any other trade. His sons never doubted that they would go down into the mines as soon as they got old enough. The wail of the mine whistle morning and night, and the sight of my father coming home with his lunch-pad, grimy from the day’s coating of coal-dust, seemed a natural and eternal part of our lives.
Almost every working-class family, especially in those days, nursed the idea that one of its members, anyway, would get out of die factory, and wear clean clothes all the time and sit at a desk. My family was no exception. They hoped that I would be the one to leave the working-class. They were ready to make almost any sacrifices to send me through high-school and college. They were sure that if a fellow worked hard and had intelligence and grit, he wouldn’t have to be a worker all his life.
I haven’t seen my mother or most of my family for a long time—but I wonder what they think of that idea now!
My father died of miner’s pneumonia when I was very small, and left my mother with a big family to care for. Besides myself, there were six other boys and two girls. We all did what we could. Mother went out to do housework for rich white folks. An older brother got a job in the steel mills. I did odd jobs, working in stores, running errands, for $2 and $3 a week. They still had the idea they could scrimp and save and send me through college. But when I was 13, we saw it wouldn’t work.
So one fine morning in 1926, my brother Leo and I started off for Lexington, Ky. It was just across the border, and it had mines, and we were miner’s lads.
A few miles outside of Lexington, we were taken on at a small mine owned by the powerful DeBardeleben Coal Corporation. …
We lived in the company town. It was pretty bad. The houses were just shacks on unpaved streets. We seldom had anything to eat that was right. We had to buy everything from the company store, or we’d have lost our jobs. They kept our pay low and paid only every two weeks, so we had to have credit between times. We got advances in the form of clackers, which could be used only in the company store. Their prices were very high. I remember paying 30 cents a pound for porkchops in the company store and then noticing that the butcher in town was selling them for 20 cents. The company store prices were just robbery without a pistol.
The safely conditions in the mine were rotten. The escapeways were far from where we worked, and there was never enough timbering to keep the rocks from falling. There were some bad accidents while I was there. I took all the skin off my right hand pushing a car up into the facing. The cars didn’t have enough grease and there were no cross-ties just behind me to brace my feet against. That was a bit of the company’s economy. The car slipped, the track turned over, and the next thing I knew I had lost all the skin and a lot of the flesh off my right hand. The scars are there to this day.
This DeBardeleben mine in Lexington was where the Jim-Crow system first hit me. The Negroes and whites very seldom came in contact with each other. Of course there were separate company patches for living quarters. But even in the mine the Negroes and the whites worked in different places. The Negroes worked on the North side of the mine and the whites on the South.
The Negroes never got a look-in on most of the better-paying jobs. They couldn’t be section foremen, or electricians, or surveyors, or head bank boss, or checkweighman, or steel sharpeners, or engineers. They could only load the coal, run the motors, be mule-boys, pick the coal, muck the rock. In other words, they were only allowed to do the muscle work.
Besides that, the Negro miners got the worst places to work. We worked in the low coal, only 3 or 4 feet high. We had to wear knee pads, and work stretched flat on our bellies most of the time.
One day the company put up a notice that due to large overhead expenses, they would have to cut our pay from 42 to 31 cents a ton. We were sore as hell. But there wasn’t any union in the mine, and practically none of us had any experience at organization, and though we grumbled plenty we didn’t take any action. We were disgusted, and some of us quit. Whites and Negroes both.
I was one of those who quit. My contact with unions, and with organization, and the Communist Party, and unity between black and white miners—all that was still in the future. The pay-cut and the rotten conditions got my goat, and I walked off, because as yet I didn’t know of anything else to do. . . .
I wish I could remember the exact date when I first attended a meeting of the Unemployment Council, and met up with a couple of members of the Communist Party. That date means a lot more to me than my birthday, or any other day in ray life.
The workers in the South, mostly deprived of reading-matter, have developed a wonderful grapevine system for transmitting news. It was over this grapevine that we first heard that there were “reds” in town.
The foremen—when they talked about it—and the newspapers, and the bigshot Negroes in Birmingham, said that the “reds” were foreigners, and Yankees, and believed in killing people, and would get us in a lot of trouble. But out of all the talk I got a few ideas clear about the Reds. They believed in organizing and sticking together. They believed that we didn’t have to have bosses on our backs. They believed that Negroes ought to have equal rights with whites. It all sounded O.K. to me. But I didn’t meet any of the Reds for a long time.
One day in June, 1930, walking home from work, I came across some handbills put out by the Unemployment Council in Birmingham. They said: “Would you rather fight—or starve?” They called on the workers to come to a mass meeting at 3 o’clock.
Somehow I never thought of missing that meeting. I said to myself over and over: "It’s war! It’s war! And I might as well get into it right now!” I got to the meeting while a white fellow was speaking. I didn’t get everything he said, but this much hit me and stuck with me: that the workers could only get things by fighting for them, and that the Negro and white workers had to stick together to get results. The speaker described the conditions of the Negroes in Birmingham, and I kept saying to myself: “That’s it." Then a Negro spoke from the same platform, and somehow I knew that this was what I’d been looking for all my life.
At the end of the meeting I went up and gave my name. From that day to this, every minute of my life has been tied up with the workers’ movement.
I joined the Unemployment Council, and some weeks later the Communist Party. I read all the literature of the movement that I could get my hands on, and began to see my way more clearly.
I had some mighty funny ideas at first, but I guess that was only natural. For instance, I thought that we ought to start by getting all the big Negro leaders like DePriest and Du Bois and Walter White into the Communist Party, and then we would have all the support we needed. I didn’t know then that DePriest and the rest of the leaders of that type are on the side of the bosses, and fight as hard as they can against the workers. They don’t believe in lighting against the system that produces Jim-Crowism. They stand up for that system, and try to preserve it, and so they are really on the side of Jim-Crowism and inequality. I got rid of all these ideas after I heard Oscar Adams and others like him speak in Birmingham.
That happened this way:
Birmingham had just put on a Community Chest drive. The whites gave and the Negroes gave. Some gave willingly, thinking it was really going to help feed the unemployed, and the rest had it taken out of their wages. There was mighty little relief handed out to the workers, even when they did get on the rolls. The Negroes only got about half what the whites got. Some of the workers waiting at the relief station made up a take-off on an old prison song. I remember that the first two lines of it went:
I’ve counted the beans, babe,
I’ve counted the greens… .
The Unemployment Council opened a fight for cash relief, and aid for single men, and equal relief for Negro and white. They called for a meeting in Capitol Park, and we gathered about the Confederate Monument, about 500 of us, white and Negro, and then we marched on the Community Chest headquarters. There were about 100 cops there. The officials of the Community Chest spoke, and said that the best thing for the Negroes to do was to go back to the farms. They tried very hard to give the white workers there the idea that if the Negroes went back to Che farms, the whites would get a lot more relief.
Of course our leaders pointed out that the small farmers and share-croppers and tenants on the cotton-lands around Birmingham were starving, and losing their land and stock, and hundreds were drifting into the city in the hope of getting work.
Then Oscar Adams spoke up. He was the editor of the Birmingham Reporter, a Negro paper. What he said opened my eyes—but not in the way he expected. He said we shouldn’t be misled by the leaders of the Unemployment Council, that we should go politely to the white bosses and officials and ask them for what they wanted, and do as they said.
Adams said: “We Negroes don’t want social equality.” I was furious. I said inside of myself: “Oscar Adams, we Negroes want social and every other kind of equality. There’s no reason on God’s green earth why we should be satisfied with anything less.”
That was the end of any ideas I had that the big-shots among the recognized Negro leaders would fight for us, or really put up any struggle for equal rights. I knew that Oscar Adams and the people like him were among our worst enemies, especially dangerous because they work from inside our ranks and a lot of us get the idea that they are with us and of us.
I look back over what I’ve written about those days since I picked up the leaflet of the Unemployment Council, and wonder if I’ve really said what I mean. I don’t know if I can get across to you the feeling that came over me whenever I went to a meeting of the Council, or of the Communist Party, and heard their speakers and read their leaflets. All my life I’d been sweated and stepped on and Jim-Crowed. I lay on my belly in the mines for a few dollars a week, and saw my pay stolen and slashed, and my buddies killed. I lived in the worst section of town, and rode behind the “Colored” signs on streetcars, as though there was something disgusting about me. I heard myself called “nigger” and "darky,” and I had to say “Yes, sir” to every white man, whether he had my respect or not.
I had always detested it, but I had never known that anything could be done about it. And here, all of a sudden, I had found organizations in which Negroes and whites sat together, and worked together, and knew no difference of race or color. Here were organizations that weren’t scared to come out for equality for the Negro people, and for the rights of the workers. The Jim-Crow system, the wage-slave system, weren’t everlasting after all! It was like all of a sudden turning a corner on a dirty, old street and finding yourself facing a broad, shining highway. The bosses, and the Negro misleaders like Oscar Adams, told us that these Reds were “foreigners” and “strangers” and that the Communist program wasn’t acceptable to the workers in the South. I couldn’t see that at all. The leaders of the Communist Party and the Unemployment Council seemed people very much like the ones I’d always been used to. They were workers, and they talked our language.
Their talk sure sounded better to me than the talk of Oscar Adams, or the President of the Tennessee Coal, Iron and Railroad Co. who addressed us every once in a while. As for the program not being acceptable to us, I felt, and I know now, that the Communist program is the only program that the Southern workers—whites and Negroes both—can possibly accept in the long run. It’s the only
program that does justice to the Southern worker’s ideas that everybody ought to have an equal chance, and that every man has rights that must be respected….
We organized a number of block committees of the Unemployment Councils, and got rent and relief for a large number of families. We agitated endlessly for unemployment insurance.
In the middle of June, 1932, the state closed down all the relief stations. A drive was organized to send all the Jobless to the farms.
We gave out leaflets calling for a mass demonstration at the courthouse to demand that the relief be continued. About 1000 workers came, 600 of them white. We told the commissioners we didn’t intend to starve. We reminded them that $800,000 had been collected in the Community Chest drive. The commissioners said there wasn’t a cent to be had.
But the very next day the commission voted $6,000 for relief to the jobless!
On the night of July 11,1 went to the Post Office to get my mail. I felt myself grabbed from behind and turned to see a police officer.
I was placed in a cell, and was shown a large electric chair, and told to spill everything I knew about the movement. I refused to talk, and was held incommunicado for eleven days. Finally I smuggled out a letter through another prisoner, and the International Labor Defense got on the job.
Assistant Solicitor John Hudson rigged up the charge against me….
The trial was set for January 16, 1933. The state of Georgia displayed the literature that had been taken from my room, and read passages of it to the jury.
They questioned me in great detail. Did I believe that the bosses and government ought to pay insurance to unemployed workers? That Negroes should have complete equality with white people? Did I believe in the demand for the self-determination of the Black Belt—that the Negro people should be allowed to rule the Black Belt territory, kicking out the white landlords and government officials? Did I feel that the working-class could run the mills and mines and government? That it wasn’t necessary to have bosses at all?
I told them I believed all of that—and more.
The courtroom was packed to suffocation. The I.L.D. attorneys, Benjamin J. Davis, Jr., and John H. Geer, two young Negroes—and I myself—fought every step of the way. We were not really talking to that judge, nor to those prosecutors, whose questions we were answering. Over their heads we talked to the white and Negro workers who sat on the benches, watching, listening, learning. And beyond them we talked to the thousands and millions of workers all over the world to whom this case was a challenge.
We demanded that Negroes be placed on jury rolls. We demanded that the insulting terms, “nigger” and “darky,” be dropped in that court. We asserted the right of the workers to organize, to strike, to make their demands, to nominate candidates of their choice. We asserted the right of the Negro people to have complete equality in every field.
The state held that my membership in the Communist Party, my possession of Communist literature, was enough to send me to the electric chair. They said to the jury: “Stamp this damnable thing out now with a conviction that will automatically carry with it a penalty of electrocution.”
And the hand-picked lily-white jury responded:
“We, the jury, find the defendant guilty as charged, but recommend that mercy be shown and fix his sentence at from 18 to 20 years.”
I had organized starving workers to demand bread, and I was sentenced to live out my years on the chain-gang for it. But I knew that the movement itself would not stop. I spoke to the court and said:
“They can hold this Angelo Herndon and hundreds of others, but it will never stop these demonstrations on the part of Negro and white workers who demand a decent place to live in and proper food for their kids to eat.”
I said: ‘You may do what you will with Angelo Herndon. You may indict him. You may put him in jail. But there will come thousands of Angelo Herndons. If you really want to do anything about the case, you must go out and indict the social system. But this you will not do, for your role is to defend the system under which the toiling masses are robbed and oppressed.
“You may succeed in killing one, two, even a score of working-class organizers. But you cannot kill the working class…"