PART ONE
It is a remarkable fact that very many persons are prone to study the history of every other country while totally neglecting that of their own country and yet the study of local history is one of the most delightful studies.
A. S. Salley Jr., The History of Orangeburg County South Carolina (1898)
1 THE ARCHIVE AND THE ARCHIVIST
I wanted to start with paper, with documents, with what makes me (an English professor) comfortable. So, on a warm spring day in 2009, I began research for this book in the archives at South Carolina State Universityâs Miller F. Whittaker Library, located at the back of the campus, a good distance from where the shootings on February 8, 1968, happened. The libraryâs archives contain newspaper clippings, oral histories, and papers from the FBI investigation. As I drove into the parking lot in front of the library, I noticed to my right Sojourner Truth Hall peeking up over most of the buildings on Stateâs campus. The building is a student dormitory and probably the tallest building in Orangeburg. It had been a long time since Iâd thought about that building. I grinned.
The summer after my first year in college, I came back to Orangeburg and got a job installing cable lines in dorms on the Claflin and State College campuses. I was part of a crew of four that alternated between working hard and slacking off. The two men who had worked for the company the longest were an unlikely pairâa white guy from the country and a Parliament Funkadelicâloving black guy from Orangeburg proper. Their personalities showed in how and what they smoked. Country smoked Marlboro Reds, and Funk always had a Kool drooping leisurely from the corner of his mouth. They were yin and yang, black and white, but they were as tight as kith and kin. As part of their shared leadership, they determined how long and how hard our crew worked. Their preferred schedule was to work hard until early afternoon, take a long lunch, and then, ever so slowly, pick back up again. These lunches could last two to three hours depending on the presence or absence of our boss.
By the second week of August, we had installed cable in more than five dormitories. Summer was dragging on as it does in South Carolina, but I didnât care. I was a week away from taking off and going back to college. Our boss was away quite a bit that week, and we were finishing up work in Sojourner Truth Hall, within sight of Whittaker Library. We had worked all morning long, drilling holes and running cable. Tedious stuff. Lunchtime break was called, and Funk and Country made a run to the Quick Pantry at the corner of Chestnut and Magnolia. It sold two pieces of chicken and a biscuit for $1.99.
When they returned, loaded down with boxes of fried chicken, Country told us that heâd found a way to the roof. So we followed him up the stairs to the top. He pressed hard against a fire door, and all of a sudden, nothing but sky. The last time Iâd had such a view of Orangeburg was in the seventh grade riding the double Ferris wheel at the county fair. From the rooftop we could see for miles. To the west a storm was coming, but it was far enough away that we didnât care. We all plopped down on the gravel roof and ate quietly, soaking in the view. Streaks of white lightning danced over fields in the distance. Clouds shook and shifted. Green trees bumped and swayed. The roof of the tallest building in town was probably not the safest place to be, but with the low rumble of thunder and the first drops of rain, it was an awesome spectacle. The storm rolled in, an ominous and lurching monster with a whip of thunder.
For the most part, the FBIâs investigation of February 8 focuses on the shootings, but thereâs also evidence of interdepartmental bickering, letters from J. Edgar Hoover to Jack Bass and Jack Nelson criticizing their book, and pages and pages of information with most (if not all) of the names redacted. Some pages are completely blank with all the information missing, a thin black line indicating redactionâthe only sign that there was once something typed on the page. Like the contents of the file itself, what is legible and what is not is haunting, the blocked-out names of people (some living, some dead) who are of another time and place.
FBI reports from the immediate aftermath of the shooting are contradictory and set the tone for what I found throughout the file. Some âfactsâ about the night of February 8 are consistent: there were 100 to 150 students on the front of campus; students built a bonfire; objects were thrown (some students mentioned throwing ineffective Molotov cocktails); firemen tried to put out the bonfire. Officer David Shealy was hit by some object (a piece of wood, a board, or part of a porch railing) around 10:30 P.M., and then there was the shooting proper, which lasted between eight and forty seconds. Victims of the shooting went to the Orangeburg Regional Hospital but also to hospitals in Charleston, Florence, and Summerville. Apart from these âfacts,â the stories told by black and white witnesses about what happened the night of February 8 diverge so much that itâs as if they were reporting on two separate events. The students stated clearly that they were not shooting at the officers, and they noted a lag time of up to five minutes between the moment Shealy was hit and the moment when the patrolmen began shooting. From the other side, for example, one South Carolina Law Enforcement Division (SLED) agent described a scene of violent chaos claiming that as highway patrolmen escorted firemen in to douse the bonfire, the students rushed toward them as ârocks, sticks, and sniping continued from the crowd.â In other words the patrolmen believed they were in immediate danger, so they fired on an attacking crowd.
Many white law-enforcement officers, National Guardsmen, and firemen report hearing gunfire (or what sounded like gunfire) throughout the night coming from the direction of State and Claflin. But in postshooting interviews of officers from the Orangeburg County Sheriffâs Department, several men claimed they heard gunfire coming from the campus precisely at the time the patrolmen fired. (The sound is described as a âPop! Pop!â) In the same series of interviews, one man wondered if it could have been fireworks that he heard. Orangeburg policemen revealed a similar confusion and reported hearing âthe sound of shots from in back of the crowd.â Another said, âI heard some noise which I thought were fireworks.â Security guards at State and Claflin also gave interpretations of what they heard. A security guard from State said he heard âsmall arms fire or fireworksâ but didnât see students with guns. He witnessed the patrolmenâs volley and noted that their gunfire âappeared to start all at one time and ceased at approximately the same time . . . the shots were fired as if there was a command.â It must have been extremely loud out there with students yelling, several hundred people standing around talking, and a loud pumper on a fire truck working furiously. Indeed one fireman said it was so loud that he couldnât distinguish any of the noises he heard. Can we trust any of the witnessesâ reports on what they heard?
In a report from August of 1968, several FBI agents who were on the scene gave their own sketch of what happened. According to them, just after the fire truck moved in, Officer Shealy fell, and thatâs when the patrolmen fired. One agent said he heard what sounded like âexplosions made by relatively small firecrackers or the firing of small caliber armsâ coming from the direction of State and Claflin. He claimed that first the fire truck went in, and later he heard a âburst of soundsâ and then âa volley that followedâ from the highway patrolmen. Another agent said he heard gunfire coming from the direction of Claflin and heard bullets hitting a nearby warehouse. He claimed, âI do not recall hearing any gunshots fired immediately precedingâ the patrolmenâs volley. This gunfire, then, was either disorganized or, perhaps, indiscriminate.
Throughout these reports, the students are described as being hostile, shouting obscenities, and throwing objects. As noted above, some students were forthcoming with agents and admitted to throwing objects in the direction of officers and to even trying to make Molotov cocktails. A State security guard reported that, around 9:30 P.M. on February 8, he found a box of soda and beer bottles filled with gasoline and rags, materials needed to make such incendiary devices. Clearly some students were angry and afraid and wanted to protect themselves. After the shooting, a group of students went to a security guard and demanded weaponsâbut to no avail. Whatâs more, the head of ROTC at State said that he came back on campus at 11:15 P.M. and noticed a car in front of the ROTC building. He went into the arms room and noticed that a cabinet containing six .22 caliber match rifles (two Remingtons and four Winchesters) had been broken into. By 1:30 A.M. all the weapons had somehow been returned to the room. The ROTC head immediately locked the guns in the trunks of two cars for safekeeping. There were other well-documented outbreaks of violence on the part of the students, and these are included in the FBI report: some students broke shop and car windows on their way back to campus on Tuesday night after the first encounter with the police, and some threw objects at cars on Wednesday night.
A natural question is was all this violence part of an organized attack by students on the white community or simply a handful of young people letting off steam? The FBI reports indicate that they believed the students had malicious intentions, and the agents turned over every stone for evidence that at least some of the students advocated violence. Yet aside from noting that a black power organization, the Black Awareness Coordinate Committee (BACC) consisting of some twenty-odd students, existed at State, they reported little that indicates that the students had bigger plans. The FBI appears to have dug deep in search of such plans. One note in the file pertaining to the period before Cleveland Sellersâs 1970 trial in Orangeburg claims that a âconfidential sourceâ reported having observed a woman selling the Black Panther newspaper at State. Included with this note is a brief sketch of the history of SNCC. More than one observer of the demonstrations on Tuesday and Thursday nights claimed to have heard students singing protest songs, a throwback to the early days of the civil rights movement, not a tactic of black power. If the students were foolhardy enough to be itching for a fight with so many armed white men, why did they turn and run when the patrolmen aimed their guns at them? Why were so many of them shot in the back?
If the officers of the law felt they were in immediate danger, why didnât they use tear gas? Why didnât they try other crowd-control methods? One fourth of the National Guardsmen present had tear gas (a fact that the highway patrolmen apparently knew at the time), but they claimed they couldnât use it because of wind conditions. They had observed the flames of the studentsâ bonfire blowing around. Weather records from that day reveal that the wind was blowing in a northwesterly direction in Columbia (about forty-five miles away), but there are no official records from Orangeburg. Yet a reporter from the Baltimore Afro-American claimed, âThe fire became so big it looked like it was going to burn some electric wires,â indicating that the flames were rising upward and not blowing one direction or the other. Could tear gas have been used? If so, the patrolmen on the scene would have known how and when to use it; all had attended at least one of the training sessions concerning control of mobs and riots that were conducted by the FBI for South Carolina highway patrolmen in 1966 (August 9â11 and 16â18 and October 25â27). Around the same time each of South Carolinaâs highway patrol districts was given several copies of a short book called Prevention and Control of Mobs and Riots, published on behalf of the FBI and the Department of Justice.
The subsequent trial of the nine South Carolina highway patrolmen involved in the shooting was held in Florence, South Carolina, on May 19â27, 1969. The patrolmen were charged under a provision of the United States Constitution that prohibits authorities from imposing summary punishment. The defendantsâHenry Morrell Addy, Norwood F. Bellamy, John Williams Brown, Joseph Howard Lanier, Collie Merle Metts, Edward H. Moore, Allen Jerome Russell, Jesse Alfred Spell, and Sidney C. Taylorâwere, the charges claim, âacting under color of the laws of the state of South Carolina, [and] did willfully discharge and shoot firearms into a group of persons on the campus of South Carolina State College, which persons were inhabitants of the state of South Carolina, thereby killing, injuring, and intimidating persons in the said group, with the intent of imposing summary punishment upon those persons and did thereby willfully deprive those persons of the right secured and protected by the Constitution of the United States, not to be deprived of life or liberty without due process of the law. In violation of Section 242, Title 18, United States Code.â Charles Quaintance and Robert Hocutt represented the Department of Justice while J. C. Coleman (South Carolinaâs assistant attorney general), Frank Taylor and Geddes P. Martin of Columbia, and Julian Wolfe of Orangeburg represented the defendants.
According to the prosecution, on Thursday night, February 8, 1968, there were about 150 students gathered near a bonfire on the front of the State campus and about an equal number of lawmen: sixty-six patrolmen and forty-five National Guard. The guard had fixed bayonets but no ammunition. The patrolmen were armed. At 10:30 P.M. they decided to bring in a fire truck to put out the bonfire. A patrolman (Shealy) was hit (by some sort of wooden object). Students moved back to the campus. âAbout five minutes passed.â The prosecutor continued, âThe students came back toward the front of campus. As they came, they got within about seventy-five or 100 feet of the front of the campus, some members of the Highway Patrol began to fire their weapons. Some fired into the air; some fired carbines; some fired shotguns; some fired revolvers. Eight men, defendants, fired shotguns in the direction of the group. One man, Edward H. Moore, fired his revolver six times into the group. The shooting lasted approximately ten, fifteen seconds.â Three were killed and more than twenty-five were injured. Most victims were shot from behind. Finallyâand the prosecution was clear on thisâthere was no shooting from the campus in the direction of the patrolmen immediately before they fired. In other words there was no immediate danger or provocation for the shooting.
Then J. C. Coleman spoke for the defense. The defense admitted the deaths and injuries were caused by gunfire coming from the patrolmen, but the defense focused on the things happening in Orangeburg throughout that week. They argued that a âstate of extreme emergencyâ in Orangeburg had warranted the calling in of the National Guard as well as many police and sheriffâs deputiesâit was âa highly dangerous, explosive, a riotous situation.â Coleman said that âthis situation built up, and built up and built up until on Thursday night between 10:30 and 11:00 a line of squads of state highway patrolmen were faced with several hundred persons thundering at them, coming at them, charging, hurling brickbats, hurling pieces of concrete. Our evidence will show that there was shooting at the time from that group; and that there was nothing else that these state highway patrolmen, who did fire these arms, whoever they were, in defense of their own lives and the defense of other persons immediately in the vicinity; and more important than that even, in the defense of the entire population of Orangeburg.â These two opening statements not only reveal the concerns of that historical and cultural momentâthe fear of outsiders in small-town America, the South in the midst of a transformationâbut they also represent two different worldviews bumping into each other in a southern courtroom.
Warren Koon, a reporter for the Charleston Evening Post, was the first on the witness stand. He noted that the patrolmen fired four or five minutes after Shealy got hit but also claimed that he heard small-arms fire coming from the campus earlier in the evening. Koon says he saw two âfire brands,â objects that burned in the street. (Others have said the students were lighting toilet paper and throwing it.) But the most revealing part of Quaintanceâs questioning of this witness has to do with photographs that the prosecution had entered into evidence. The photographs depict patrolmen at the corner of Highway 601 and Russell Street, National Guardsmen standing around, firemen putting out the bonfire, and Koon standing near a patrol car that was preparing to take Officer Shealy to the hospital. Quaintance asked Koon if he felt he was in danger standing out there in the open with the protesting students close by. The witness replied that he did not.
This line of questioning gets to the heart of the issue: were the patrolmen faced with any clear and present danger? Were the highway patrolmen, government officials, firemen, National Guardsmen, and reportersâall hanging out opposite the studentsâin any danger? Koon, a man who served as a marine in World War II at Guadalcanal, Okinawa, and Guamâwho had been shot at and, he said, hit on occasionâdid not believe there was gunfire coming from the direction of the college prior to the patrolmenâs shooting. But on cross-examination Koon noted that there was a lot of noise and that he couldnât be absolutely sure. In all about thirty-six witnesses said they didnât hear gunfire coming from campus right before the shooting, including several highway patrolmen, two soldiers, and FBI agent Charles DeFord.
Indeed much of the testimony focused on whether or not gunfire was coming from the campus and when it was or was not heard by witnesses...