Vol. 5, No. 9
1970-08-29
16 pages
✓ Indexed
https://www.marxists.org/history/usa/pubs/black-panther/05 no 9 1-24 aug 29 1970.pdf
THE BLACK PANTHER 25
Black Community News Service
rents? THE BLACK PANTHER PARTY
[ee ee — 0 — 0 —o— 0 —o— ee ms ee me em OB OO 8 OO 8 8 8 OO
A MESSAGE FROM THE MINISTER OF DEFENSE HUEY P. NEWTON 72 YEAR OLD MAN MURDERED BY PIGS. IN
INSIDE: TO THE REVOLUTIONARY GOVERNMENT OF SOUTH VIETNAM WINSTON = SALEM
WRY 10 REACH VERDICT IN LONNIE Mc LUCAS TRIAL OPEN LETTER FROM THE SOLEDAD 12
— Page 2 —
THE BLACK PANTHER, SATURDAY, AUGUST 29. 1970 PAGE 2
THE PEOPLE OF WINSTON
SALEM DEMAND A
CONSTITUTION THAT
“‘The Pond’’ is one of the most di-
lapidated areas in the City of Winston-
Salem, North Cayolina, It has certain
characteristics of a fish pond, in that
the people of this area wonder around
from day to day worrying about where
their next meal is going to come from,
and other basic necessities denied them
by this greedy capitalistic system.
Most of the people are unemployed
and being welfare recipients have to
worry a lot about where their next
meal is going to come from when their
food stamps run out, Alot ofthemdon’t
even know how to apply for food
stamps - PEOPLE STARVE HERE.
This ts directly related to the system
of exploitation that we now live under.
It is related because it is typical of
this system that a lot of people should
go lacking, while a few have plenty of
everything, with those in-between re-
ceiving a tiny part of that, which is
rightfully theirs,
Education of the children of ‘‘The
Pond’ is not much at all, With the
school board’s new plan for desegre-
gation it is probable that this year
there will be no education at all pro-
vided by the system, Education on how
to deal with the society is supposed to
be provided by the government to every
man, woman and child in the society.
Justice according to lawis not known
here, and therefore peace isa stranger.
TERRORISM
OF THE AVARICIOUS
BUSINESSMEN
In the Happy Hills Garden sec-
tion of Winston-Salem, N.C,, the
N.C.C.F, has developed a very
Strong relationship with the people.
Everyday we straighten out contra-
dictions through example. Some-
times these contradictions are
small others harder to deal with,
all of them basically develop out
of the terrorists, fascist tactics
of the power structure,
On August Sth a problem was
brought to the artention of com-
munity workers, concerning a pig
avaricious businessman named
Keith Lowery, andhow he was using
terrorism to rob Black people in
the community. The complaint ori-
ginally came from a Sister Cal-
well who lives on Willow Street.
She proceeded to tell us how her
bill at one time (for furniture)
amounted to $395.00. Diligently she
pald the debt, she thought she owed,
to this bloodsucking pig until she
had paid her bill down to $81.00.
At thar time Sister Calwell found
it difficult to pay $25.00 every
month and informed this slop mouth
pig of that fact. It was agreed
that Sister Calwell would only have
to pay $25.00 once every two
receive the $50.00,
off her property.
later that Mrs,
and
GUARANTEES THE RIGHT TO LIVE
months Instead of monthly.
When the bi-monthly bill day
rolled around, the month that Lo-
wery had agreed to Jet Sister Cal-
well pay $25.00, who did she see
coming up her doorstep but this
lying pig Lowery. Olinking about
what he would do if he didn’t
This pig vamped on Sister Cal-
well like a nazi storm trooper.
She reminded him of their agree-
ment, he oinked some madness and
still demanded $50 or he would
send some of his lackey coons to
take the furniture. Sister Calwell
told this pig that he would get
$25 and nothing more, And to get
He then told Sister Calwell she
had until the next Moaday to get
the money or else, We found out
Calwell was not
the only victim of this foul pig.
Lowery had terrorized four other
sisters in the same block. Wethen
made 4 move to talk to this pig,
all that resulted was a lot of
pig madness. So we atthe N.C,C,F,
and the people in the community
see the necessity to move to a
higher level in order to deal with
It was here and in the immediate area
(the Boston area) that the people took to
the streets in 1967 to repay pigs. Pigs
who thought it their duty to keep niggers
in their place by beating a blood to
i,j
—
~
_
Winston-Salem Constitutional
Convention Information Center
death on his own front porch, The whole
community witnessed this act of
aggression and responded by driving
the pigs out of their community.
Housing is another area in which the
people are denied. Mrs. Louise Ames,
a 104 year old resident of ‘‘The Pond’”’
has been struggling forall these years,
She states that she pays $55.00 a month
to a slumlord (W.F, Baldwin) for this
house that doesn’t have a bathtub, hot
water, sufficient heating or adequate
wiring for proper lighting; she is tired
but she continues to struggle, and she
recognizes the need to change the con-
Stitution that allows all these injustices
to be perpetrated against her, her
family and her people.
The present system of government
has failed to provide the basic ne-
cessities for survival - land, bread,
housing, education, clothing, justice
and peace, It (the system) has denied
these necessities to Black people
throughout Babylon, And so we are now
demanding a change in the system that
allows these necessities to be denied.
We are demanding that the constitution
this pig. This is why itis necessary
to form Self-Defense groups, to de-
fend the community from any type
of terrorism. Be it from s plg
cop, or some avaricious business-
On August 19, off into the East
side of Winston-Salem the com-
munity inflicted a political con-
sequence upon outsiders, For too
long we have let people from other
communities come into our com-
munity and take over. All we did
was sit by idly and let them mess
over us and our children, For too
long especially inthe South, Whites
have thought that they can do what-
ever they wish to us, and nothing
should be done; but this time the
entire community on 16th and Lo-
cust Street decided they were tired
of that. They decided they were
going to use some of those weapons
that they used to us¢ on each other,
on the outsiders who were coming
off into the community acting a
fool.
sible,
Mhis is a construction site in the
community where urban develop-
ment or one of those pacification
programs are tearing down houses,
The workers are mostly White and
ever since they have been coming
off in the community they have
man, We must stop them ar the
outer limits, of the Black com-
munity. We must be armed, be-
cause ‘“‘an unarmed people are
slaves or subject to slave
THE COMMUNITY OF WINSTON SALEM ACTS AGAINST OUTSIDERS
been using it for a race track.
There are no sidewalks in this
section of town
on the side of the strect, there
are ditches beside the streets.
These White racists would come
down the streets as fast as pos-
running children off the
streets purposely. And when the
children went to the fools to In-
quire why they called them all
kinds of names, they said they
were going to get rid of all of
them (niggers). The tirst day this
happened the people sald nothing
so 1 guess they thought they could
do what they wanted
on. But the next day they ran chil-
dren off the streets, they got asur-
prise, The children went offtelling
everybody about what was happen-
ing, This time older brothers and
sisters came back with the chil-
dren, They asked
they were doing this. Now that
they saw the whole community up-
set they started lying saying they
knew nothing about it, but thechil-
dren were right there to repudiate
be rewritten, because it allows the
majority of the people to be neglected
and without the basic necessities, We
are calling for a Constitutional Con-
vention, We recognize that we needa
Constitution that guarantees us our
most basic human right - the right to
live,
We are setting up Constitutional
Convention Information Centers (like
the one at Mrs. Amzs house) where
people can come to register for par-
ticipation in the Plenary Session
September 5, 6 and 7*, and the acutal
Convention in November, We are
gathering together to bring about a
change, to let the whole world know
that we are determined to have the
basic needs for survival + let it be
known that we will have our basic
human rights, by any means necessary!
We pay to live in houses that are
unfit,
“We are from 25 to 30 million strong,
and we are armed, And we are con-
sctous of our situation. And we are
determined to change it. And we are
unafraid’’,
ALL POWER TO THE PEOPLE
SEIZE THE TIME
DEATH TO THE FASCIST PIGS
*At Temple University Gymnasium
Philadelphia, Pa.
any given moment,”’
POWER TO THE PEOPLE
DEATH TO THE FASCIST PIGS
Ronald/Daniel
Winston-Salem, N.C.C.F.
at
every word they sald, The brothers
and sisters let them know they
weren’t going to be dolng what they
wanted to in our community any-
more by giving them a good Lith
street beating.
From now on they will know
how to act when they comé to
this side of town,
Immediately the pigs came on
the set they didn’c askany-
body why the fools were beat,
they wanted to know who beat the
fools. This shows that they have
no concern for our community but
they care only about the White
racists coming off in our com-
munity running over us, They know
that if niggers here start dealing
with racists who come in thecom-
munity acting Insane, that we will
be dealing with them when they act
insane. ,
the men why 7, ‘
$0 people walk
from then
OFF THE ,
N.C,C.F,, Winston-Salem
— Page 3 —
“***
ERNEST
aseeerer?"""*
SCALES
WAS CLUBBED VICIOUSLY
FOR BEING BLACK
On August 18, 1970, in the
Black Colony, the pigs of Win-
Ston Salem were up to their
usual actions, intimidating and
brutalizing the inmates therein.
About 4:30p.m. on the corner
of 8th and Patterson, a cor-
ner where the lumpen come
together like so many thousands
of corners throughout Babylon,
4 group of bloods were stand-
ing around, They were having
an argument as most niggers
will do while drinking wine.
Everything was alright until the
pigs came on the scene, The
pigs moved on the brothers
ERNEST SCALES
with billy clubs and vamped on
the most helpless blood they
could find.
They clubbed Ernest Scales,
age 42, across the arm and head
inflicting a wound that required
14 stitches to close, Ernest
COMMUNITY
tried to defend himself with a
small knife, but when the pigs
hit him across the arm a num-
ber of times, he dropped the
knife and then the pigs beat
him in the head, Ernest Scales
can't walk without the aid of
two crutches. In fact, he has
been on crutches for two years,
due to a fall off the roof of
his house. The result of his
injury required surgery andfour
pins had to be placed in his
hip to hold the bones in place,
Ernest Scales had spent 15
years of his life in maximum
security, off in the prisons of
North Carolina. He had been
paroled to minimum security
(the street) in 1968. Having been
on work release,a so called
rehabilitation problem of the pri-
son system, Ernest had a Lt-
tle money when he got out, af-
ter the exploitative prison system
of chattle slavery had gotten all
they wanted out of him. With
the little that Ernest Scales had,
he decided to build a house,
Ernest Scales got himself some
land and began to build his house
The pigs have been harassing
Ernest for two years, ever since
he came off the ‘Chain Gang,”
Because the prisons couldn't
have a complete victory of the
brother the pigs are attempting
to drive him back to prison,
But what the pigs don‘t real-
ize is that the “‘spirir of the
people ts greater than the man's
technology."* Nothing in the uni-
verse can halt the surge of
the people as they step forth
in the quest for freedom.
ALL POWER TO THE PEOPLE
OFF THE PIG
Nelson Malloy
Pig. PRECINCT
FIRE-BOMBED
IN WINSTON, SALEM
The Winston-Salem pig precinct
left shattered after being fire-
bombed.
On Wednesday, August 18, the
trailer housing a model city pig
precinct station was fire-bombed
and utterly destroyed by some rev-
olutionary or revolutionaries from
the Black community of Winston-
Salem, Earlier during the week
the sare trailer was shot up. At
this time the Winston-Salem pig
department has not arrested any-
one for "job very well done,
The pig department has no evidence
Lawrence Harris, age 72, was
said to have been a mentally
disturbed person every since
his childhood, The system has
many Institutions set up through-
out Babylon for people like Mr.
Harris, They are called insane
THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 3
WINSTON-SALEM, NORTH CAROLINA
TUCKER'S RAIDERS SHOOT, BEAT
AND MURDER LAWRENCE HARRIS
A MENTALLY DISTURBED BLACK MAN
allow him to return home, Some
times the people thar knew Mr.
Harris were able to talk him in-
to going back home and putting
his weapon up, Most of the time,
pigs would take Mr. Harris’
gun and bring him back home,
= pa Z
tear gas, Finally the gun battle
was over and the wounded were
taken to the hospital. On the
way to the hospiral, people from
the community said thar racist
ambulance attendants were beat-
ing Mr. Harris in the head,
> > ee
,
P 2
i\e
hud
& ¥ on “.
tate nt Oe ‘
“
*
They came - 35 carloads of them - but one shotgun blast was enough to
make the pigs run for cover, until they could commit their cowardly
murder of a 72-year old man,
asylums. Mr, Harris had been
admitted to one such hellhole
called Cherry Hill, on a number
of occasions . Because the type
of society that we Live in Is de-
signed to dehumanize Black
people from the time they fall
from their mothers’ womb, we
can see the affliction that had
weighed heavily upon the shoul-
ders of Mr. Harris for so
many years, The degradation
of a human being in the form
Lawrence Harris emerged as
the product of this decadent
society. On that morning, not
fully realizing what hadhappened
to him, Mr. Harris acted like
4& man possessedwith the never
ending desire to protect him-
self against an attacking enemy
and free himself from his tor-
mentors,
On numerous occasions. Mr.
Harris would walk the streets
of the community in which he
lived, brandishing a rifle or a
shotgun, The people would call
the pigs and they would take
his weapon away from him and
or leads whatsoever as to who com-
mitted the revolutionary act, but
we know that it is only a matter
of time before these foul de-
praved traducers Invent some so-
called evidence and begin to run
amuck and just start snatching
niggers oif the street to make
Someone be tic scapegoat for this
revolutionary act.
The pigs have already begun
their frame-up by putting their
bootlicking nigger lackeys into the
Kimberly Park Community tell-
ing people that they know that the
local organizing bureau of the
Black Panther Party did the fire-
bombing and the shooting and that
they are going to make us pay
for it, Our position on this fs
very clear and simple and that who-
éver committed this revolutionary
act did @ beautiful thing and ES-
CAPED! So we say right on!
We tn the N,C,.C.F, would lke
to inform the pigs of the power
Structure in Winston-Salem and
also the Uncle Tom bootlicking
lackeys from the Model" Pig’’ City
Poverty Program that we know
that you can very easily put up
another trailer or office building
in the Black commiinity to house
They were probably hoping the
brother would kill a nigger in
the community during one of
his moments of rage,
On August 20, 1970, Lawrence
Harris defended his home against
fascist pigs. Between 7:30am
and 9:00am, Thursday morning
Mr, Harris and Mrs. Douglass
another occupant of the house
at 2309 Booker St,, were wound-
ed along with two pigs, LA,
Stoakely and R.U. Lioyd.
Pig Stoakely bit the dust and
oinked his last oink, lying in
the street bleeding from his
head and chest,
He oinked to the people . '' Please
call me an ambulance ."' The
people ignored him because
they couldn't interpret the oink
or relate to it. On the fareful
morning 35 cars of pigs con-
verged upon the home of Mr.
Harris and tried to arrest him
after receiving a complaint.
Immediately two pigs were shot
as they approached the house.
The pigs fired a barrage of
shots into the house along with
the so-called Community Police
Precinct but remember that it will
most definitely meet the same fate
but only the next time some pigs
and nigger lackeys will be
destroyed with the trailers. Be-
cause we are sure that there are
enough “‘together’’ brothers and
sisters around who are prepared
to struggle to the bitter sweet end
to see to it that the racist dog
Shortly after Mr. Harris arrived
at the hospital he died, The peo-
ple believe that the attendants
killed him, as they carried him
to a hospital 9-10 miles away
from the incident, instead of to
the hospital right in the Black
Colony, which is only about a
mile away.
They called him mentally dis-
turbed, Insane, crazy nigger; but
we can only see him in the
true light of reality- a madman
who never forgot who the real
enemy is and finally decided
to end his misery and kill his
tormentor.
Unfortunately, only one pig was
killed and the brother is dead,
But everyone should take the
example set by Mr. Harris, who
had nothing more than a single-
shot 12 guage. He dealt right-
eously using what he had to get
what he needed,
ALL POWER TO THE PEOPLE
DEATH TO THE FASCST PIGS
Nelson Malloy
Winston-Salem N,C,C.F.
policemen withdraw immediately
from our Black community and
that our stand for the complete
emancipation of our Black people
is not compromised one {otal
DEATH TO THE FASCIST PIGS!
ALL POWER TO THE PEOPLE
N,C.C.F,, Winston-Salem
Larry
DEATH TO
THE FASCIST PIGS!
— Page 4 —
4E BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 4
TO MUCH
VILLIFICATION
MEANS PIG CONSPIRACY
Our party has been struggling -
since 1966, and many of us long-
er than that, and one of the most
essential things we have learned
from our many historical experi-
ences, is to be alert, and pay
close attention to the many meth-
ods of villification against us and
our struggle by the pigs. We un-
derstand veryclearly thar the pow-
er thatdetermines what will be
rests in the expressions of the
people. Understanding this we
Know that whenever the pigs of
the Power structure prepare to
move against the people's libera-
tion forces, they go to extreme
measures to villify those forces
to make the liberation struggle
look criminal, and to possibly
receive a pat on the back from
the people after they attack the
Uberatio forces
In the Black colony of Chi-
cago, Ul. Territory of Babylon,
the pigs via their fascist lying
new media have released count-
Jess news articles and random
information about alleged plots
and plans of conspiracy to murd-
er, kidnap, and destroy by the
Illinois chapter of the Black Pan-
ther Party. First of al! we were
Suppose to kill a pig every week’
Secondly, we were suppose to re-
taliate in a reactionary manner
for the death of our Deputy Chair-
man Fred Hampton, and Mark
Clark, Thirdly, among this reac-
tionary retaliation was a plot to
blow up railroad tracks. A plot
which was further personified
when the pig forces murdered and
mutilated our comrade Babatunde
X. Omawall and then placed his
body on some railroad cracks
(undamaged railroad tracks);
fourthly, the most recent plot,
is for us to kidnap a federal
judge. From reading the pig news
releases one would think that the
pigs are aware of all the Party’s
Plans, in fact it appears that pigs
have even stepped forward and
created these erroneous, stupid
and villifying plans, Essestially
we in the party say damn whar-
ever the pigs write or say, but
we must mike the masses of op-
pressed people whom we serve
aware of what the pigs are doing
and planning, By villifying us (ly-
ing and making us look bad), the
Pigs hope to isolate us from the
people, and then to eliminate us
period, However the Black Panther
Party through our work will con-
tinue to expose our enemy for ex-
actly what they are--pigs,
The pigs understand that our
purpose as revolutionaries Is to
make revolution and that with
the structure of this society run
they, the pigs are our enemies,
We endorse and support people
attacking the fascist pigs of ba-
bylon, because it Is a fact that
the pigs represent a special elite
body of armed men, and their
Specific job is to protect the
lives-property and other interest
for the capitalist ruling class
oppressors, The pigs setting our
general line which is calling for
their death, which is calling for
people’s revolution to overthrow
oppressive instututlons of capi-
talism, have attempted to consture
our genera] line as part of our
specific plan of action, By em-
ploying bootlicking traitors and
opportunist liars, they develop
wild Imaginary plans which show
through the ignorance of the plans
that the Black Panther Parry had
nothing to do with it. It is a fact
that we could as a people ag-
gress against the pigs and bring
4) hell down on fascist bhaby-
lon, however this will happen as
soon as the oppressed people
decide to do It and not before.
\ look around the country, the
world, and we see oppressed
people whom many thought had
*tno"’ political ideology or con-
cern, taking up the gun and kill-
ing pigs. The reasons they are
doing this, is because they have
ho other choice, And right now
in Babylon the fascist pigs in
thelr attempts to stop rhe free-
dom struggle of oppressed people
is envincing a design by which
the only method left for the peo-
ple to obtain liberation is to kill
the pigs. This will happen, and ft
will happen soon, However Ir is
necessary still for us to com-
bat the wild Hes of villification
which appear in the pigs news
media, so that the pigs won'’r
confuse people, isolate us and ell-
minate us.
WE ENDORSE DEATH TO THE
PIGS, LET IT COME SWIFTLY
WITH THE LIBERATION
Monk Teba
ONCE AGAIN THE GUN,
THE TOOL OF LIBERATION
SPOKE ALOUD FROM AMIDST
Once again the gun, the tool of
liberation, spoke aloud from a-
midst the oppressed masses of
Chicago, and once again a fascist
pig caught occupying our commu-
nity fell, This time a pig named
Alfano whewas known to most as
a brutal bull, and a member of
the fascist Chicago Gang Intelli-
ence Unit, which has sworn to
eliminate the so-called gang pro-
blem, even if it means eliminat-
ing Black people. The Gang In-
telligence Unit has a history of
brutalizing and murdering Black
People, they are responsible for
Supplying the state with (false
witnesses), phony information and
other types of Internal pig conspi-
racies by which they help rail-
road the Black youth into jail.
Pig Alfano was shot in a neigh-
borhood which the Black P. Stone
Nation is located, Immediately af-
ter, the pigs beganto arrest mem-
bers of the Stones In mass, Over
20 people were arrested and
charged with various minor char-
ges, initially a5 a smokescreen
to cover up the mass detention,
harassment and the subsequent
trials of the arrested victims. This
particular neighborhood Is known
most for its internal reaction-
ary violence, however, with the
proper political Ideology directed
at the oppressor, people are start-
ing to revert from internal reac-
tionary violence to revolutionary
violence, by picking up the gun.
Revolutionary violence is a type
of Phenomenon which the pigs are
trying to stop, and substitute it
with reactionary violence. The
Gang Intelligence Unit has been
known to start reactionary vio-
Jence by spreading rumors from
one gang to another, by picking
up members of a rival gang and
disposing of them at the head-
quarters of another gang, shooting
people and blaming it on the gang.
Whenever a violent internal situ-
ation developed in the Black
colony, the oppressor had full
control, and would exercise his
control to remove Black people
from the street, by charging them
with whatever crime committed.
However, when the youth resorts
to revolutionary violence directed
ar the oppressor, the oppressor
is no longer his controller, be-
cause he is now the controlled.
The pigs have clearly declared
war on the revolutionary Black
youth and the Black community
in general, It's time for Black
people, the attacked and oppressed
members of the lumpen commu-
nity, to turn our guns on the op-
pressor and begin to kill more
of them,
TAKING UP GUNS AND FIGHT-
ING BACK IS THE ONLY THING
THAT WE CAN DO, The pigs
charge thar a conspiracy was de-
Signed by the Stones in which they
allegedly planned to kill some pigs
to outdo the revolutionary act car-
ried out by Jonathan Jackson, Wil-
liam Christmas, James McClain,
and Ruchell Magee, We know
through observation that the pigs
are clearly lunatics, because what
those revolutionary brothers did,
was commit revolutionary acts,
based on the principle of lib-
erty or death. So we say that
this ts ideal courage, and we sup-
port this type of action against
the oppressor, We endorse it and
we know it will continue because
this Is the only way we can ob-
tain our freedom, The pigs of
the power structure claim they
will attack the Black community
in retaliation, but this doesn't
upset the people, because we have
been under constant attack ever
Since we have been in Babylon.
However, if the pigs are stupid
enough to think thar our com-
munity is passive and meek and
will allow them to simply slaiigh-
ter us, without our fighting back,
without killing them, then we must
serve this warning, WE ARE
OVER 30,000 STRONG, UNA-
FRAID OF DEATH AND WITH
THE COURAGE TO KILL, If the
pigs attack the Black community,
we the Black kamikazi, in the
spirit of Liberation and the cou-
rage of revolutionary suicide will
send mighty Babylon (America)
Sinking into the sea,
ALL POWER TO THE PEOPLE
BRING MORE AND MORE DEATH
TO THE PIGS, AND SPIRIT OF
LIBERATION!
BLACK PANTHER PARTY
Chicago Chapter
Monk Teba
7
WE DO NOT REQUIRE THEM TO J
DIE HAPPY, AS. LONG
AS THEY REALLY DIE DEAD )
Sey Re ee
WHERE HAVE ALL
THE FLOWERS GONE ?
These 7 Policemen have given their lives since January, 1970
protecting your lives and your property.
Who were these Men? They were the men dedicated to pro-
tecting your lives and your property. These men were your
friends and assisted you in any emergency, under any condition.
They enforced only those laws you made, through the authority
you gave them.
Pil. Kenneth G.
KANER
Wh Distriet
Star 2062
Killed — Jame 18, 1978
Lt. JAMES E,
O'CONNOR
Killed — Joa. 28, 1978
Pt. Anthony !
2
Tost Fores Area t
Stee 12145
Killed — ter, 2, 1078
JAMES A,
Pt. MELVIN ALFARO, Jr.
Ster 12380
Killed — Jone 3, 1078
Took Force Ares &
Kitled—Aag. 12, Ster 12487
1970 Killed — dety 17, 1978
WHERE HAVE ALL THE FLOWERS GONE? WHERE HAVE
ALL THE FLOWERS GONE? GONE TO GRAVEYARDS
EVERYONE.
WHEN WILL IT EVER END? WHEN WILL IT EVER END?
We need public support of our laws. We need public support in
our courts.
The Police can only make the arrests. You the people make the y
laws. Help us enforce and make these laws by speaking out
NOW!
WONT YOU HELP? RAISE YOUR VOICE NOW FOR
1 Strict gun contro! laws on federal, state and local levels.
Mandatory consecutive sentences for crimes committed
while free on bond. (If both offenses result in convictions.)
Strict standards for release on bond where epplicant has
criminal record,
The electric chalr Ts RUSTY. IF you the people mode that
\\ low—enforce it.
This od w for by the # Chicago and spomered by the
Chicago Pehclnen's Avscations 203 N. Wabash, Cheapo, Mk 6001
RA 64045
=F a
7 +
JOSEPH P. PECORARO
PRESIDENT
THIS AD WAS CARRIED BY THE REACTIO
IN CHICAGO, ILLINOIS
— Page 5 —
We all know from our historical}
experience that this government
has never given Black people any-
thing out of the kindness of his
heart. We know thar anytime they,
(the power structure) approves
something we had better, for our
own safety, oppose ifr,
This historical truth holds true
with the school desegregation in
the South. We find that for some
Strange reason the Nixon Admin-
istration in the Southern parts of
racist America, that part of Baby-
Jon that has exploited Black peo-
ple not just because it is econ-
omically good for them to do
80, but simply because we are
who we are, Black descendants
of slaves. In the midst of the
most overt racism ever imple-
mented in this country, where
| Blacks have been and still are
| being lynched, where Black peo-
| ple still work In chattel slavery
| (share cropping) this man has said
let niggers go to school with crac-
kers—let integration come.
That's wiat it amounts too, now
to really see why the low down
deceitful fools are coming out
the way they are, as | pointed
out from the start, he is doing
us no favor like some of the boot-
licking
belleve. Some fools Like the ones
who belong to the N.A.A.C_P, (Na-
tional Association for the Ad-
vancement of Caucasian People)
so-called liberals and all these
. mad dogs will say this Is a good
thing that the power structure is
doing. They are crying to make
us see where this is the best
thing that has ever happened to
us here In the South. They want
us to believe this game that the
administration is running on us.
But they don’t fool us for a
minute,
Although it seems thar this isthe
best thing because we have local
all White racist buffons school
boards who oppose these desegre-
gation plans put forth by the higher
buffoons in Washington, Let us
not be fooled again. It is true
that these two different sets of
buffoons are at each others throats
but neither means us any good.
The local fools doa’t want these
plans implemented because they
are simply racist (and we here in
the South know all about that), and
they are still going offonego trips
about that superiority jive.
The fools in Washington got a
whole new maneuver in mind for
us, They have a national perspec-
tive on things and these conniving
fools will want us to.
PROT ee ee hee LUSTRE, eeeses
TION IN THE SOUTH
IE “US NOT BE FOOLED INTO
BELIEVING THAT THIS MAN IS
DEALING IN OUR FAVOR”
dogs of the earth see that niggers
are getting themselves together
all over the country, They see
the danger in having an all Black
school in the middle of an all
Black neighborhood. We just
might decide to take it over and
give our people an education that
exposes the truth of this deca-
dent American society, So these
masters of tricknology and de-
ceit, seeing this danger, have de-
cided all of a sudden, after years
and years of court suits to let
niggers go to school with White
folks in the South. Now we will
be split up and we will no longer
have the strorg hold that we would
have In our own community. That's
one angle of the napes in Wash-
ington, Tre other is this: These
nuts In Washington also have an
international concern that the local
nuts don't have because of their
Southern localized mentality. This
trick started with the traducer
Kennedy. Realizing that the world
now has its eyes on them the
fools in Washington see a neces-
Sity to throw up 4 camouflage.
So just like Kennedy did with the
Civil Rights Movement, because
the eyes of the world were on
him, they think that they can use
that same trick; © not just to
pacify some of the bootlicking fools
but also to make it seem as if
they are dealing with the domestic
problems, They try to cover up
the fact that they are perpetrating
systematic genocide on us.
Let us not be fooled into believ-
ing that this man Is dealing in
our favor. He NEVER has. He
NEVER will. We have nothing to
gain by leaving our community
and going to his racist
school each day for the sake of
intergration, Let us say here in
the South now that we know our
Strength and we are going to use
it, Let us vow that this school
year when they bus us to their
neighborhood to schools that are
miles and miles from the safety
of our neighborhoods thar those
of us who remain in the community
will righteously deal with the
racism that will be coming to our
neighborhoods, Letus move to take"
our schools back and when the pigs
come to our community, NIGGERS
pick up your guns.
PUT THE PIGS ON THE RUN AND
OUR PATH TO FREEDOM WILL
HAVE BEGUN.
N.C,C.F,, Winston-Salem, N.C,
Hazel
DENVER, COLORADO
THE BLACK PANTHER, SATURDAY, AUSUST 29, 1970 PAGE 5
TERRORIST PIGS
BRUTALIZE AND JAIL
BLACK COUPLE
On Saturday. August 1,1970 at
about 2:00 p.m. , Peggy Futrell
age 22 and Marvin Fitrell, 27
(a Black brother who had been on
parole from Canon City State Pig
Pen for about 6 weeks) were hav-
ing a family dispute at theirhome
at 1614 E, 32nd Avenue, when 2
killer pigs cops arrived at their
home and without delay, ran tn-
to the backyard, immediately
grabbed Peggy and started drag-
ging her throug! the alley. One
of the pigs pushed her against the
apartment building and when she
slid down on the ground the pig
kicked her in the breast and side,
Marvin could not stand by and
witness his wife being cruelly
brutalized by this pig any longer,
therefore, he picked her up and
took her in their apartment.
After Marvin and Peggy were in
their bedroom along with their 2
year old twins, Marvin and Mar-
vetta, approximately 12 greasy
pigs immediately rushed in with-
out 4 search warrant,tear gassed
their home, started beating and
clubbing Marvin, while pulling his
hair out acting lke animals.
They handcuffed Peggy and Mar-
vin and drug Peggy outside bare-
footed, after tearing her clothes,
They also pulled Marvin outside
by his hair, and pur him and
his wife into two different plz mo-
biles,
At least 14 pig cars were in the
ares and about 4 hundred Black
people were shouting names and
witnessing the pigs inhumane
treatment and the unjust kidnap-
ping of Marvin and Peggy from
their home, The pigs showed that
they had no regard whatsoever for
human life when they left the two
year old twins, Marvin and Mar-
vetta, alone in the tear gas in-
fested apartment with no one to
take care of then. Marvin was
brutally beaten and clubbed onhis
neck, face and ribs enroute to
the local pig statioa on Colorado
Blvd.
After they took Marvin to the
local pig station they pulled him
out of the car threw him up
against the bullding and 5S pigs be-
gan to sacistically beat him again,
One pig was allegedly off duty and
had changed clothes but he jumped
in like it was a free ‘‘Kill the
nigger", game, Marvin and Peg-
gy were jailed at a newly built
pig substation, Precinct #2974,
District 3 on Colorado Boulevard
in the middle of the Black com-
munity. Peggy was thrown in the
same dungeos with her husband
after a pig guard had slammed
the cell door on her foot and
chained her arms and feet, just
as Black people have been shack-
led as slaves, brutalized, Jailed
and murdered for over 400 years
by racist dog oppressors who pro-
fess that a "Black man has no
rights thar a white man is bound
to respect...”
Some neighbors, friends and
other concerned people came
down to the pig station where Mar-
vin and Peggy were belng held,
The people asked_a pig sergeant
if the couple were being held at the
station: The pig Hed and said
they were downtown at the city
jail. Art this time Marvin was
heard kicking on the cell door
and mumbling In his attempts to
tell them about his badly injured
His wife was also transferred to
the city jail, Marvin while In
the city Jail asked a pig guard
to see a doctor because he thought
he was losing his sight, bur the
pig refused to get him a doctor
and told him that he would be
alright. The pig matrons refused
to give Peggy any clothes while in
the city Jail and oinked that she
couldn't see a doctor until Mon-
day morning, August ard. Peggy
and Marvin were both charged
with the same trumped up charges:
1. Resisting arrest; 2, Interfer-
rence with the duties of a law en-
forcement officer; 3. Destruction
of public property; 4, Destruc-
tion of private property; 5. Un-
der the influence of alcoholic be-
verages; 6. Filthy language; and
7. Disturbance of the peace,
The fascist pigs who savagely
violated the human rights of Peg-
gy and Marvin Futrell have no
rights to unjustly charge op-
pressed people of anything be-
cause the racist oppressor has no
rights that Black people andother
oppressed people are boundtore-
spect.
Black people should notrespect
laws and rules that do not serve
us} Therefore, the ‘‘no knock"
laws, Including the constitution
should be rewritten or abolished
Marvin and Peggy Futrell and their twins
Marvin and Marvetta,
eye. When the people asked the
pig sergeant why it was neces-
sary for the police to brutalize
Peggy and Marvin the way they
did, the pig twisted his snort
and oinked "‘what were the of-
ficers supposed to do, they had
to defend themselves.’’The peo-
ple clearly realized thar a plg
is truly a low natured beast thar
has no regard for law, justice, or
the rights of people; a foul de-
praved traducer, usually mas-
querading as the victim of an un-
provoked attack,”
The pig sergeant blatantly
lied again when he told the peo-
ple that Peggy had refused to
see a doctor and later oinked to
the people that Peggy woulda'r be
allowed to see a doctor until
Monday, August 3rd,
While transferring Marvin to
the city jail, Denver's finest blue
shirt sadists brutalized him again
in thelr usual zestapo fashion,
SOUTH BALTIMORE SLUMLORDS
From the very beginning of our
people’s forced bondage into this
racist hell hole, properly called
“'Babylon’’, our people wave been
herdet tse cattle Into yarlous
dwelilags from caves, to teats, log
cabins on dows © sod ad chap
aoacld aus, Alchough given dif-
ferent oames tiny all added up
to the same grand total, ladecem
housing.
For more than 40 years our peo-
ple huve been victims of the pig-
gish slumlords of South Baltimore
which have disregarded the right
who have disresarded the right to
a high standard lof living, A good
example of this avaricious action
is, Mrs, Redd of 1019 Leadenhall
Strect, who has complained about
the holes in the roof, and her seven
room louse thut has only one plug --
# wall socket that is located in
the living room, Because of this
she has to run a long line of
extension cords through her three
story house. The light sockets in
two rooms of the house are not In
use oecause of shortayes
in the wiring. The clectrician
from the Gas and Electric Com-
pany said thar she would have to
call her slumlord and have him
send an electrician of his choice
to fix the wiring because if he did
it he'd have to charge her more
than normal service charge for
just investigating,
She had made numerous com-
plilas (o her slumlord, Sam Be-
lowlrz and his lap dog son, who
handles all his business, This ra-
cist slumlord said he couldn't un-
through the blood of the oppressor.
Whenever anyone inthe uniform
of a pig policemen or anyone for
that matter enters our homes ina
violent manner doing bodilyharm
to our family, friends, and loved
ones, we should relate to thefirst
law of humanity ‘'survival"’, and
therefore draw the line of demar-
cation at the threshold of our doors
with arms and force. The injus-
tice and brutality of Black people —
by pig policemen can only be
Stopped by Black people armed
for self-defense who refuse to
allow fascist pigs to deny us
our long overdue unalienable
rights of life, liberty, and the
pursuit of happiness."
ALL POWER TO THE PEOPLE]
DEATH TO THE FASCIST PIGS!
N.C,C.F.-Deuver, Colorado
Information Cadre
Cr ———————-woyuu---oeq——K——————qeqeqamqew“
derstand her because he claims to
be slightly deaf,
She was told to talk to his low
lifed son, when she did, all she
got out of him was loud oinking
rhetoric, He said he couldn't do
anything about it because this is
his father's house, even though he
handles the busixess,
After many years of exploiting
our people and robbing them of
their pennies, these pigs have
closed their ears to the loud cry
of the masses, Babylon is per-
petrated by these racist slumlords,
We must put an end to die robbery
by capitalists of our community,
We must put an end to Indecent
housing unfit for the shelter ¢
human belags, ;
BLACK PANTHER PARTY
Baltimore Ciapter ; ]
Patty
— Page 6 —
THE BLACK PANTHER, SATURDAY, AUGUST 29. 1970 PAGE 6
HUEY
NEW HAVEN,
CONNECTICUT
PRESS CONFERENCE, August 22, 1970
BIG MAN: This press conference is
to announce a mass demonstration,
rally that we are going to hold on the
New Haven Green, starting Tuesday,
August 25, This is in relationship to
the ending of the trial of Lonnie Mc-
Lucas. The trial will end Tuesday,
August 25, and we'll hold a mass
rally and demonstration and a vigil
until the jury comes to a verdict, You
can ask your questions then, We have
the Minister of Defese, Supreme
Commander, the leader of our Party
here. He'll respond to your questions.
HUEY: First, I'd like to say it is
very important that the community
comes out and support the rally, be-
cause only with the power of the peo-
ple, are we able to achieve justice
or to receive justice, The only reason
that the courts made a concession in
my case, reversed my case, and let
me out on bail is because of the
power of the people. It’s not because
of the justice of the court. So, we’re
calling for the community to support
all political prisoners and prisoners
of war, At this time, the vacist, reac-
tionary government is about to commit
a legal lynching on Lonnie McLucas
and the New Haven 9, and we are
asking the community to come and
issue a mandate against this, We were
informed by McLucas that he was of-
fered a deal by the District Attorney.
Whenever there is a serious case a-
gainst a person, where there’s really
substantial evidence, no dealis offered.
McLucas was offered a sentence of
15-20 years with a guarantee he would
be out in 8 They offered him this
only if he would testify against every-
one else, including our Chairman Bobby
Seale, Landon Williams and Ericka
Huggins because these are the people
they really want--Evicka Huggins, Lan-
don Williams, and the Chairman Bobby
Seale, So, they’re willing to make any
sort of deal because they know that
they don’t have any evidence on any-
one because everyone is innocent, But
if they could use that old tactic of
divide and conquer, then they would
simply try to divide our Party mem-
bers against each other, and pay them
off, and have a legal lynching based
upon some testimony coming from one
of our comrades, But, of course, none
of the Party members will go for this.
The only ones who are agents will
go for it, such as Sams who is the
only murderer and who's already ac-
cepted the deal. But we think that what
has happened is that the F.B.I. used
Sams as an agent and then dumped
him. They have a history of doing
this and they will do it_again, it seems.
The rally will be at 10:00 a.m, on
Tuesday, August 25, and we're asking
everyone to stay until the verdict comes
in, the jury goes out Tuesday even-
ing or Wednesday morning, We’re ask-
C y a,
Minister of Defense
Black Panther Party
ing everyone to stay until the end and
to mobilize the community against this
legal lynching.
We’re very concerned about what’s
happening now in America as far as
the persecution of prisoners of war,
The revolutionary movement is reach-
ing a very decisive level. We’re de-
manding that the powers that be in
this country follow the Geneva agree-
ment relating to prisoners of war,
They have no right to inflict any punish-
ment on a prisoner of war, They are
required to keep him until we nego-
tiate for his release, and they have
no right to brutalize him and they
surely have no right to murder him,
If they try to do this, the people can
only take appropriate actions and we’re
convinced that we will only get justice
when the people start acting in a rev-
olutionary manner, I think it’s unneces-
sary to go into exactly what the tactics
should be, I think our actions should
speak for themselves, If we’re really
going to take some real revolutionary
actions we don’t have to talk about
them, The Panthers have a maxim and
it says: ‘‘To say what I want to say,
I can’t do what I want to do and to do
what I want to do,, I can’t say what
I want to say.”’ So, just observe my
actions and you'll know what I want
to say. So, we’ll observe this maxim
and, in the very near future, you'll
see some very revolutionary action,
But this will happen only if we can
mobilize the community behind us. So
I emphasize this, not to be redundant,
but just to impress upon you the ab-
solute necessity to educate the com-
munity, In spite of the revolutionary
action we, the vanguard group, take,
it is still necessary to educate the
community by any means necessary.
This includes using tactics which may
appear reformist but which in fact
are not, I say they're not reformist
because any action taken in the com-
munity, that won't impede the future
revolutionary goal ts appropriate ac-
tion--whether it is a Medical Pro-
gram or a Child Care Center, or what-
ever, Whatever the community needs,
we should be there to serve them.
Serve the people!
PRESS: What's going to happen if Mc-
Lucas is found guilty? Do you have
any plans?
HUEY: First thing, we want the people
who are there to issue the mandate
against this conviction, We don’t think
he is going to be convicted because
there’s no evidence against him, If in-
justice is done, we will take measures
to correct this and institute justice, re-
volutionary justice, As I said before, I}
don’t think that it’s necessary to discuss |
tactics, especially if these tactics might |
be military tactics. If we have to en- |
gage in military tactics, it won’t be|
for political reasons because we're
not playing any games, We want our
comrades free and we want all polit-
ical prisoners set free as well as
prisoners of war,
PRESS: Would you answer a question
I think a lot of White people have
had? They say that somebody, Alex
Rackley, has been shot and they feel| —
that there should have been an arrest} —
of at least someone incommectionwith |
the killing; and a trial, How do you
feel about that?
HUEY; In the first place I don’t en-
dorse the reactionary racist courts.
I don’t think they should deal with any
of the people, because they haven't}
earned that right, I think that the com-
munity should make rules to revolu- |
tionize its judicial system and handle |
its own problem. The community’s pro- |
blem is the judicial system. It is the
judicial system that is the problem, |
not the people, just as the prison pro- |
blem is not the prisoner. The real
problem is the prison authorities. The |
pris 2 administration needs to be sep-
arated and isolated for their racism |
and their reactionary attitudes. We con-
tend that the prisons are not rehabili-
tation centers; they are concentration
camps where racism is practiced and
encouraged by the prison administra-
tion, they use the lack of social con-
sciousness of the prisoners to insti-
tute this racism so you have race
wars inside the prisons, I think this
kind of thing is ending now because
prisoners are more and more taking
action against the real enemy, As far
as this particular case, where Rackley
was killed, he certainly should not
have been killed. He was a member
of the Black Panther Party in good
standing. George Sams is guilty of
murder, I think George Sams should
be dealt with; he should have to stand
before a revolutionary court, I don’t
even wish the reactionary racist courts
upon George Sams, It hasn't improved
him, He’s been in and out of peniten-
tiaries all his life. He has spent most
of his life between going to mental
institutions and prisons, As far as
I’m concerned, George Sams is amad-
man and true revolutionary justice in
his case would be putting himin thera-
peutic environment, The only problem. .
is that we don’t have atherapeutic en- ‘
vironment in the world today because 7
of United States imperialism--bureau-
cratic capitalism at home and im-
perialism abroad, So what we have to
do is move in such a fashion that
we’ll transform this society andthere- |
fore transform the world, and then
we’ll have a society where we can
help madmen and where we could really
develop all human beings to their high-
est level, /
<a ee I eet
PRESS: Do you have a revolutionary
continued on next page
— Page 7 —
eet a ne
EULOGY 10
THREE MURDERED
THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 7
for justice. Do not be fooled by The attempr at freedom was an
this attempted trick, They have attempt for all Black men, their
made it a point to blow out of murder is the murder of all op-
proportion a falsecriminalnature pressed people trying to throwoff
of thesebrothers and notexposing the bonds of imperialism andtheir
what is really behind thetraction blood running in the streets of
Even associal warden Parks ex- Marin county fs our blood flowing
posed his facist hand by slandering through the streets of every city
the brothers,calling them"'viclous"’ and county of imperialist Ameri-
than to re-enter the Black
;
community and take up
cour rightfel role as Black
mon and warriors, helping
to establish freedom for
ovr people."
August 5, 1970
‘There was @ big clamor over
the **Tiger Cages"’ of Con Son not
too far back,Congressmen had in-
spected the prison camp on the
island off the coast of South Viet-
mam and declared it a dungeon
with human conditions, There was
a big furor which followed, the
American press and citizens
weeped and cried for correction
of the situation, The great human-
frarian public brought about a
change almost over night.
Well my fellow humanirarians
there are ‘Tiger Cages" right
in your own back yard, If you
travel across the Golden Gate
Bridge north to San Rafael and
take the San Quentin cutoff, you
will see one of America's oldest
_ symbols of oppression,
The entire prison ts a glaring
example of medieval torture in
the familiar style of the Bathgate
and the Bastille. Though the whole
prison is funky, filthy and nasty,
one particular area completely
outdoes anything imaginable by the
most warped mind. The southwest
housing unit contains ‘‘A"' and‘'B"’
section, These are the two places
a man fs sent if he has committed
a minor infraction of the many
and diverse, petty rules or breaks
one of the guards personal regu-
lations promulgated usually on the
bapot at his whim or fancy and de-
Dending of whatever mood he hap-
pens to be in,
**A* Section is a semi-isolation
unit where Inmates are only al-
lowed four and one half hours on
the yard a week with no chance
of exercise, In that time one must
take care of whatever business he
wishes to conduct; canteen,
Mbrary, household, receiving edu-
cation dept.,inmate activity coun-
cil, etc. since the only means of
communication is by talking, or if
the distance is too far, shouting,
from cell to cell and telr to teir.
This results in twenty-four hour,
non-stop screeching, screaming
and shouting, the noise is deafen-
ing. It is as if your head were
placed in a bell inside an echo
chamber and the bell was beaten
continuously. One conversation
would not be bad, but each teir
contains fifty, two man cells and
there are five teirs. Rapid cal-
culation will give an idea of the
noise, There is a constant assault
-of the eardrums the whole time
a man ts incaged here.
There are homo~sexuals and psy-
chopaths on the fifth teir and they
discuss their various perversions
and sexual fantasies constantly.
Many of these men should be in
one of the many mental institutions
the California taxpayer supports,
but instead they are placed in pri-
son, probably purposely by prison
officials to add to the psycholog-
fcal torture that is part of San
Quentin’s rehabilitation program,
One of these men had anepilep
tic seizure the other day; the rest
of the inmates tried for one solid
hour by banging the bars, throwing
burning paper and anything they
could, to try and summon the sa~
distic guards, to come to his ald,
he finally came out the seizure
himself still with no word or
from the apathetic guards.
of the biggest fears 4 man
these bars has is, the death
from the need of
ge
3
“emergency medical attention. But
to keep one’s sanity the thought ts
¥ tite back In your mind.
REVOLUTIONARIES
Headline--"'Three Cons Make
Fatal Attempt to Escape,."’ This
headline and that thinking has
flashed across the San Fracisco
Bay area andthe world, Once again
the cause of the Blackman has been
misconstrued by the White racist
and monopoly owned news media.
The American people have een
led to most effectively by a dis-
reputable press and Black revo-
lutionaries have been degraded.
We brothers of San Quentin and
freedom fightersaround the world
however, know the truth about
what happened, After years of ana-
lizing news accounts and actual
conditions we have learned that
the F.B.L and C,1,A, controlled
news does not let anything become
public which is detrimental to the
long existing fascist regime here
in the U.S.A,
Those three brothers the other
day were making a strike for
freedom, They realized that it Is
impossible to recieve justice at
the hands of a racist court. They
knew after serving many years in
the confines of California prisons
that fc was hopeless for a Black
man to remain a man and still
expect any consideration from a
fascist and racist adult authority.
Black people and all clear thinking
individuals must not be fooled by
newspaper and radio renditions of
those brothers and their action.
They were in prison because, like
so many others before and since,
knew that one must in this
The inmates in ‘'A"’ section are
allowed to shower twice a week--
five minutes per man--and no mat-
ter what the weather we musi
leave our cell dressed only in
whites, (tee shirt and shorts) the
reason supposedly is so that we
can change after the shower, 4
laugh, ninety-fiver percent of the
time there is no clean whites so
after taking the five minute shower
we must put on the same dirty
clothes worn all week,
There is no hot water in the
cells, hot water is delivered by
the teir tender only when he feels
like It and tf we have something
to put the water in, If we used
to care anything about our person-
al hygiene, cold water is the only
out, After months and months of
this however one chooses toremain
funky rather than risk penumonia,
if we had any good health habits
on the street, they are soon smo-
thered fn here.
"8" section or the ‘‘hole”’ is a
step down from ‘‘A’ , no soap, no
toothpaste, showers rarely, andthe
guards are recruited especially for
their sadistic tendencies. They do
all they can to fan racial flareups
so it will give them a chance to
prove their manhood by firing into
a mass of confined people. A few
weeks ago there was a fight be-
tween Whites and Blacks which
had been brewing out of small
incidents all week, then escalated
into a full fledged riot. The guard
emptied his winchester into the
yard, then his revolver and finally
it was broken up. Luckily only
one person was wounded in the
leg. When a directive came from
the warden to cut down on the
number of shots fired into groups
of prisoners, to show the brutal
nature of the pigs they were talk-
ing of striking because they could
not use their weapons at will,
The inmates of “'B"’ section is
virtually cut off from all types
of communication therefore vul-
nerable to any type of physical
attack by the inhumane and fas-
cist pigs. The guards know that
there will be no retaliation be-
cause the man is a ‘convict’
therefore he has no human rights.
The Blacks are treated partic-
society of dog eat dog take hold
and sieze their own destinies with
force if necessary. ‘Those beloved
and courageous brothers picked
up the gun In order tuo liverate
themselves and others from ahell
hole worst than death.
San Quentin, like prisons through
out capilistist America, exist to
enhance the power structure; they
function to fatten the pockets of
politicians and greedy prison offi-
cials and as a blanket intimida-
tion to stifle the brave thrust of
revolutionaries in trying to over~
throw a corrupt super-rich ruling
class.
Black and revolutionary Inclined
men, women and children shoud
cheer those brothers for their
attempt at freedom They shouldbe
* held as revolutionary martyrs and
heroes because they have given
up their lives so that others could
see the foul conditions which Black
men have to live under,
The propagandized press have
taken it upon themselves to put
that dog judge Haley up as the
hero, to extol his accomplish-
ments, at the expense of our revo-
lutionary brothers. If we were to
examine his record we would
probably find that he is respon-
sible for thousands of broken
homes and hundreds of fatherless
children because of his position
as municiple and superior court
judge, hovering over the freedom
of poor and oppressed people who
have come before his court looking
ularly bad and any brother who
has come into 4 new awareness
of himself as a Black man Is
prone to be attacked by the White
racist guards,
There is 4 lot said about prison
reform; it has been the subject
of conversation of senators, judges
and numerous commissions. Sole-
dad stands out particularly as a
focal point because of the recent
happening there. The brothershere
at San Quentin are asking that
something be done about condi-
tions here.The authorities cannot
do with us as they wish if our Black
people stand up and say that we
are still members of the Black
community, The fascist authori-
ties from Reagan down to the low-
Hest person on the staff cannot
ill treat your Black brothers if
you mothers, sisters, and fellow
Black men unify {into a political
force and demand that we be treated
as human beings. Huey Newton said
that all Black men are political
prisoners and this is an accurate
evaluation, Every man that I have
talked to in the penitentiary is in
here because he has been con-
victed of committing some act a-
gainst the established ruling order
trying to change his economic sta-
tus. We have all been tried by
racist courts, convicted by racist
and uncle tom filled juries and
now are relegated to an existence
of servitude, even slavery at the
hands of a racist, fascist, state.
We wish nothing more than to
re-enter the Black community and
take up our rightful role as Black
men and warriors, helping to
establish freedom for our people.
We are not afraid of the so-called
authorities who hold us prisoners
and we will not be afraid to fight
in here or out there, until every
Black man, women and child is
free from this oppression that has
been stifling our existence and con-
tolling our destiny for the last
four hundred years,
We will not let you down, do
not turn your backs on us now
PEACE TO THE BROTHERS,
DEATH TO THE PIGS!
B-00000
San Quentin
and ‘‘hate filled’', He has tried to
deny the revloutionary ideals from
a question put to him by a news-
ca where men have stood up to
fight this avaricious beast who
has been sucking the blood of im-
man concerning the brothers state- poverished and economically ex-
ment of being revolutionaries. This ploited people all over the globe.
shows how warped the mind of a
facist pig thinks. This brings to
light the racist nature of prison
authorities who will stoop to
Three slaughtered Black bro-
thers we have heard your cry for
freedom. Revolutionary Black men
we have felt your pain of gunshot
character assassination in order to wounds inflicted by the cannabalis-
prolong their own rule over aem-
pire of legalized slavery andcor-
ruption,
Any man who tries to gain his
tic gestapo. You have not died in
vain because by your death our
eyes have been opened, Your last
breath in a racist atmosphere
freedom from San Quentin by what- has been another breath for free-
ever means available to him should dom. The destruction of your beau-
be considered nothing else but a
brave man and a lover of freedom,
for he has taken steps which other
are scared to make, It is foul
conditions that those three brave
Black brothers lived under, they °
have been misused, mislead, and
tortured at the hands of racist pri-
son authorities and taunted by the
facist representatives of Reagan,
the adult authority.
Their move was justified by his-
toric precedents of men before
them who have tried to gain their
freedom from oppressive forces.
=
tiful Black bodies have become
the creation of hundred of revo-
lutionist who will step in your
place and carry on the struggle
until every fascist swine is wiped ”
from the face of the earth. Rest
easy Black brothers the fight is ours
now, it will continue and inten-
sify either until we are all mur-
dered or victory is won.
PEACE TO THE BROTHERS
DEATH TO THE PIGS
B-00000
San Quentin
WE WILL FIGHT WITHIN THE PRISON WALLS UNTIL WE ARE
MURDERED OR VICTORY OF THE PEOPLE GS WON!
NEW HAVEN CONN. HUEY’S PRESS CONFERANCE
court system now, other than the Cen-
tral Committee, that would handle this
sort of situation?
HUEY: At this point, we can’t really
talk about any revolutionary institu-
tions. We can talk about a process
that is in the making. We have a pro-
visional revolutionary judicial system
which we realize can’t function to its
greatest capacity.
because you can’t
have isolated pockets of human treat-
ment when, all around you, reaction is
pressing in, So,
we don’t claim to
have developed any utopia in our com-
mune system in which we live, or in
the Party itself. We have problems
because we exist in a backwards so-
ciety. So we know our chief task at
this point is to transform the society,
It?s not simply to
erect justy institu-
tions because it’s impossible to dothat
either in this country or in the world
as a whole
today until reaction, and
that consists of the 76 companies that
as a whole today until reaction, and
that consists of the 76 companies that —
control the world, is killed onceand for
all,
4
— Page 8 —
THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 8
THE BLACK PANTHER PARTY’S
POSITION ON THE MURDER
OF ALEX RACKLEY
- Alex Rackley
murdered by fascist pigs
The position that the Black Panther
Party takes is that the pigs murdered
Alex Rackley. It must be understood
that the murder of Alex Rackley and the
frame up of Bobby Seale and the entire
Connecticut State Chapter of the Black
Panther Party as well as Landon Wil-
liams and Rory Hithe is a very care-
fully constructed plot put into action
by the F.B.J., C.I.A. and various Jus-
tice Department task forces, George
Sams and the pigs are responsible for
the murder of Alex Rackley. In rela-
tionship to this fact, questions arise
such as: Why did Judge Mulvey squash
the subpoena to get the F.BJ. arrest
records so that the defense could pro-
duce evidence as to the police role in
the murder of our party member
Alex Rackley? Why did Mulvey squash
the subpoena for the F.BI surveil-
lance records of the New Haven Pan-
ther Party office, thus hiding the pigs
role in this whole frame - up? The
people must see and understand this,
The people must also ask why did the
big state’s attorney Markle vigorous-
ly object to Warren Kimbro testifying
to the fact that George Sams was ac-
tually a ‘‘bodyguard - henchman for
Stokely Carmichael,’’
Sams, and Sams alone, gave the or-
ders to shoot Alex Rackley. Sams ter-
rorized almost everyone in the New
Haven Chapter who were young and im-
pressionable so they believed George
Sams was correct in the things he did
and said because he constantly stated
that he was sent out by National Head-
quarters. The Black Panther Party
stated that Alex Rackley was amember
in good standing with the Party and we
maintain that position, The only per-
sons to assume thathe was aninformer
are George Sams and Warren Kimbro.
In the tape recording of Sams’ and Kim-
bros’ interrogation of Alex, itis ob-
vious that the man was in pain from the
brutalizing treatment Sams had put him
through, He would have said anything to
put an end to his pain, Alex Rackley was
a rank and file Panther so he was not in
any party confidential information.
Alex Rackley went to New Havenofhis
own free will and because he wanted to.
He was not kidnapped and brought
there,
The practice of the Black Panther
Party is to expel and to expose through
our national newspaper agents, provo-
cateurs, pigs, and counter-revolution-
ary fools, We are wellaware ofthe fact
~
that the pig police move on people that
the Party expels and denounces in an
effort to get them to inform on thePar-
ty. The members of the New Haven
Chapter were young and they were im-—
mature, so they cannot and must not
be blamed for what George Sams did or
made them do under the threat of death -
at his hands. These people made f
signed statements out of fear and with-
out knowing what these statements —
meant, The pigs implanted fear in these
people by telling them that they were
going to get the death penalty, but by
making statements they would be let off
or get a lesser sentence, It must be
clearly understood that ihe ultimate —
goal of the pigs is to murder Bobby
Seale in the electric chair, Lonnie
McLucas did not engineer this frame-
up nor did he give the orders to mur-
der Alex Rackley; George Sams did,
As always, our Partyis responsible
to the masses of poor and oppressed
people, The Black Panther Party has to
stand in the judgment of the people, be-
cause in that period of our Farty’sde-—
velopment, we allowed a maniac such —
as George Sams to come into our Party
Sams is a Black tool of a vicious rac-
ist pig power structure in theirattempt —
to murder the Chairman of the Party,
Bobby Seale. Black people need only to
look at history to see how their leaders —
and organizations are destroyed, Mal-
colm X stated before his death that he
had the best organization for Black
people in the Western hemisphere and
niggers destroyed it, We will not al-
low our Party to be destroyed by the
pigs!
SEIZE THE TIME!
FREE ALL POLITICAL PRISONERS!
National Headquarters
Black Panther Party
TWO BROTHERS RIPPED OFF
THE STREETS AND JAILED
FOR MINDING THEIR
OWN BUSINESS
tt is a fact well known that
countless black people are rip-
ped off the streets of the colo-
ny everyday. In most cases they
are britalized and charged, Many
times the only crime committed
by our brothers and sisters is
the crime of iniadtlng a2"? oy:
>usiness,
Joe X Gee and Sammy Bruu-
ten two lumpen brothers, becainc
the victims of this racist law
and capitalist order, Ir is the
same “‘law and order” the imp-
eralist rulers of babylon use to
daily. oppress people around the
world,
It is becoming increasingly
clear to the residents of South
Baltimore that the pigs are us-
ing laws against us that are in
violation of our human rights.
The right of mankind to simply
live peacefully and mind one’s
own business.
Walking near Charles andHam-
burg Sts. on the 4th of july, Joe
X Gee and Sammy Brouten were
illegally kidnapped off the streets
of So. Baltimore. They were not
charged with anything, yet they
were held in jail overnight. Dur-
ing this time they repeatedly
asked why they were being hold
and what they were charged with,
They received no answer,
The morning after thelr arrest,
they were brought in front of the
racist pig magistrate ar southern
police district and charged with
burglary,
There were no witnesses to sub
Stantiate this charge pres. in
court, knowing this, the judge
and lackey pigs tried to get the
brothers to plead guilty to the
charge of rouge and vagabond,
a lesser charge, this the brothers
did not do.
The pigs failing In this attempt
to railroad the brothers should
have dropped the charges, but
the owner of the store demanded
that something be done to keep
him from going out of business,
He stated thar be always is
harassed by dope addicts and peo-
ple who stick him up
He demanded that the judge make
an example of the two bloods.
The pig who made the initial
arrest wa9 not in court, in his
place, were two rookies wlio ak-
ed the judge for 4 postponement
So they couldget smokehounds
(winos and drunks) the judge
told the pigs to get 4 warrant
for the smokehounds and arrest
them as material witnesses. The
trial was postponed until July 10,
bail win sec at 3,000, Sammy
was able to make his bail, Joe
was aot.
The next six days were a liy-
ing nightmare for Joe Gee, For
six days of his life he half liv-
ed and half died, in a hellhole
that is reminiscent of ancient
castle dungeons, Upon entering
the ‘'N"’ section of the Baltimore
City Jail he was cold he was on
lockup. Having done nothing to br-
eak the rules of the jail, he asked
‘“‘why lockup’’ He was told that
several months ago, there was a
food smrike on the section and as
a resuk the entire section was
placed on lockup by the warden,
He was given two paper cups
one for food, one for coffee.
These had to beuseo until they
fell apart. Meat was served in
the palm of his hand on a Slice
of bread. Countless other dehu-
maniziag acts were inflicted up-
ou Shim , acts the pigs call re-
habilirarion.
On Friday, July 10, 1970, when
he was broughr to trial, the
Judge called for the owner of the
Store . Pigs wio were in the court
tried hard to pass 4 wino off as
the owner of the store, When this
failed, the pigs twisted their sto-
ry and sald the trembling shak-
ing wino was their witness, A
witness {ft turns out who did nor
witness anything. At this point
the raflroad attempt should have
been discoatinued, burt it was not.
Since the owner was not incourt
the judse tried to get the pigs
to get a warrant for the owner
so he could testify against Joe
and Sammy. This the pigs ref-
used to do, showing clearly the
relationship between the pigs and
the avoricious businessman,
Seeing that the tracks were bent
and the engine to the train was
out of steam, the judge decided
to stop playing rallroad baron, He
rejuctantly dismissed the charges.
This Incident further proves why
we believe all black men should BOSS
be released from federal, state,
city prisons and jails We know
that our black people when taken
into the racist courts of this
country do not receive fair and
impartial trials by their peers.
We also know that black people
are daily problemized and ar-
rested the same as Joe and
Sammy for no more of a crim-
inal act than minding their own
business, This problem has all
the characteristics of a colon-
izing sickness, a sickness used
to “‘keep the natives in their
place’’, with the use of mace,
biliyfclubs, and legal lynching.
if
~
This colonial sickness can be
cured here in babylon the same
as it has been cured in North
Korea, Cuba, Algeria and any
other places that the carriers
of the sickness were forcibly kick-
ed out of.
Black people must eradicate
our communities of this sickness.
The very ones who perpetuate this
Sickness in our communitles
must be annihilated, Death to
the fascist pigs. Not only is that
all they deserve, bur it is all
that we need to be free,
ALL POWER TO Tia
PEOPLE
“WITHOUT FREEDOM
LIFE MEANS NOTHING"
4
— Page 9 —
October 1966
Black Panther Party
Platform and Program
What We Want
Minister of Defense
Black Panther Party
Black Community.
mine our destiny.
2. We want full employment for our people.
_ all of its people and give a high standard of living
What We Believe
1. We want freedom. We want power to determine the destiny of our
We believe that black people will not be free until we are able to deter-
| We'believe that the federal government is responsible and obligatedto
| give every man employment or a guaranteed income. We believe that if
the White American businessmen will not give full employment, then the
Means of production should be taken from the businessmen and placed in
the community so that the people of the community can organize and em-
‘THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 17
OEE LE! SS OE SL ff OE SS Lf OE fF ff OS LES ES ff FE LL EE Sf f 1 2
3. We want an end to the robbery by the CAPITALIST of our Black
Community.
We believe that this racist government has robbed us and now we are
demanding the overdue debt of forty acres and two mules. Forty acres
and two mules was promised 100 years ago as restitution for slave labor
and mass murder of black people, We will accept the payment in currency
which will be distributed to our many communities. The Germans are now
aiding the Jews in Israel for the genocide of the Jewish people. The Ger-
mans murdered six million Jews. The American racist has taken part in
the slaughter of over fifty million black people; therefore. we feel that this
is a modest demand that we make.
4. We want decent housing, fit for shelter of human beings.
We believe that if the white landlords will not give decent housing to
our black community, then the housing and the land should be made into
cooperatives so that our community, with government aid, can build and
make decent housing for its people.
5. We want education for our people that exposes the true nature of this
decadent American society. We want education that teaches us our true
history and our role in the present-day society.
We believe in an educational system that will give to our people a knowl-
edge of self. If a man does not have knowledge of himself and his position
in society and the world, then he has little chance.to relate to anything
else.
6. We want all black men to be exempt from military service.
We believe that Black people.should not be forced to fight in the mifi-
tary service to defend a racist government that does not protect us. We
will not fight and kill other people of color in the world who, like black
people, are being victimized by the white racist government of America.
We will protect ourselves from the force and violence of the racist police
and the racist military, by whatever means necessary.
7. We want an immediate end to POLICE BRUTALITY and MURDER
of black people.
We believe we can end police brutality in our black community by or-
ganizing black self-defense groups that are dedicated to defending our
black community from racist police oppression and brutality. The Second
Amendment to the Constitution of the United States gives a right to bear
arms. We therefore believe that all black people should arm themselves
for self-defense
8. We want freedom for all black men held in federal, state, county
and city prisons and jails.
We believe that all black people should be released from the many
jails and prisons because they have not received a fair and impartial trial.
9. We want all black people when brought to trial to be tried in court by
a jury of their peer group or people from their black communities, as
defined by the Constitution of the United States.
We believe that the courts should follow the United States Constitution
so that black people will receive fair trials. The 14th Amendment of the
U.S. Constitution gives a man a right to be tried by his peer group. A peer
is a person from a similar economic, social, religious, geographical, en-
vironmental, historical and racial background. To do this the court will be
forced to select a jury from the black community from which the black
defendant came. We have been, and are being tried by all-white juries
that have no understanding of the “average reasoning nian" of the black
community.
10. We want land, bread, housing, education, clothing, justice and peace.
And as our major political objective, a United Nations-supervised plebis-
cite to be held throughout the black colony in which only black colonial
subjects will be allowed to participate, for the purpose of determining the
will of black people as to their national destiny.
When, in the course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them with
another, and to assume, among the powers of the earth, the separate and
equal station to which the laws of nature and naturg's God entitle them,a
decent respect to the opinions’of mankind requires that they should declare
the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal;
that they are endowed by their Creator with certain unalienable rights;
that among these are life, liberty, and the pursuit of happiness. That, to
secure these rights, governments are instituted among men, deriving their
just powers from the consent of the governed; that, whenever any form of
government becomes destructive of these ends, it is the right of the people
to alter or to abolish it, and to institute a new government, laying its
foundation on such principles, and organizing its powers in such form, as
to them shall scem most likely to effect their safety and happiness. Pru-
dence, indeed, will dictate that governments long established should not
be changed for light and transient causes; and, accordingly, all experience
hath shown. that mankind are more disposed to suffer, while evils are
sufferable. than to right themselves by abolishing the forms to which they
are accustomed. But, when a long train of abuses and usurpations, pur-
suing invariably the same object, evinces a design to reduce them under ab-
solute despotism, it is their right, it is their duty, to throw off such govern-
ment, and to provide new guards for their future security. ‘
”
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— Page 10 —
+
a THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 18
BOBBY'S
APPEAL
PART VI
B, THE COURT ERRED IN PRO-
CEEDING AGAINST APPELLANT
ON SERIOUS CRIMINAL CON-
“*TEMPT CHARGES WITHOUT AC-
CORDING HIM A JURY TRIAL.
In Bloom v, UlMnois, supra, the
Supreme Court found serious cri-
minal contempt charges Indisting-
ulshable from other serious cri-
minal charges in determining the
right to trial by jury. Wholly
apart from the aggregate term im-
posed, discussed in Il A, supra,
there can be no question that the
contempt charges in the instant
case were serious, and therefore
that a jury trial was mandated,
The right to jury trial has tra-
ditionally turned on the serious-
ness of the charges; and serious-
ness has been defined in terms of
the nature of the crime and the
consequences of conviction, in-
volving such factors as the stigma
attached to conviction and the type
—— of punishment involved, (70) Cer-
tainly the actual or potential sent-
ence has always been considered
one indication of the seriousness
of the crime and can In itself de-
fine the crime as sufficiently seri-
ous to mandate jury trial, (71)
But ft is also clear that sentence
has been traditionally considered
only one indication of seriousness,
(72) and thar a crime may be
Serious and require jury trialeven
where the potential or actual sent-
ence is petty. (73) While the Su-
preme Court found in Cheff and
Bloom that criminal conternpt was
not necessarily a serious crime,
apart from the sentence imposed,
ft would appear that certain con-
‘tempts can and should be treated
as serious even where sentences
under six months are imposed,
_. (70) See generally Frankfurter &
—_~
Corcoran, Petty Federal Offenses
and the Constitutional Guarantee
of Trial by Jury, 39 HARV, L.
REV, 917, 980-81 (1926):
Broadly speaking, acts were
dealt with summarily which did
not offend too deeply the moral
purposes of the community,
which were not too close to so-
clety's danger and were stig-
matized by punishment rela-
‘tively light.
“(71) See Bloom and Cheff, supra;
Dunean v. Louisiana, 391 U.S, 145
(1968).
(72) See, ¢.g., Duncan v. Louisi-
ana, 391 U,S, at 159;
"Crimes carrying possible pen-
alties up to six moaths do nor
require a jury trial if theyother-
wise qualify as petty of-
fenses....”"
“(The penalty authorized) ts of
major relevance in determin-
ing whether it is serious or not
and may in itself, if severe e-
nough, subject the trial to the
mandates of the Sixth Amend-
ment,’’ (emphasis added)
See also, District of Columbia v.
Clawans, 300 U.S, 617 (1937).
Other traditional tests for seri-
ousness have been whether it was
an offense indictable at common
law (District of Columbia v. Colts,
282 U.S, 63, 73 (1930); Callan v,
Wilson, 127 U,S, 540, 554-57
(1888)), or an offense that is ma-
lum is se (District of Columbia
v. Colts, supra; Cheff, supra, 384
U.S, at 387-90 (dissenting opinion
of Mr. Justice Douglas); Frank-
furter and Corcoran, Petry Fed-
eral Offenses and the Consrtitu-
tional Guaranty of Trial by Jury,
39 HARV. L. REV, 917, 980 (1926)),
See also Baldwin v. New York,
38 U.S,L,Wk. 4554, 4555 n.6, 4556
(1970), decided by the Supreme
Court June 22, two days before
this Brief was filed,
(73) See District of Columbia v,
Coles, supra, 282 U.S, at 73, hold-
ing a jury trial required where the
offense--reckless driving -- in-
volved a maximum penalty of $100
and 30 days;
Whether 4 given offense {s to be
classed as a crime, So as tore-
quire @ jury trial, or as a petty
offense, rrlable summarily with-
out a jury, depends primarily
upon the nature of the offense.
The offense here charged ts not
merely malum prohibitum, but
in its very nature is malum in
se,
(END OF FOOTNOTES)
In the instant case there can be
no question that appellant was
charged with serious crimes. Six-
teen different contemptuous acts
were charged, each of which al-
Jegedly *‘constituted a deliberate
and willful attack upon the ad-
ministration of justice in an at-
tempt to sabotage the functioning
of the federal judicial system."
He was accused of misconduct
“of so grave a character a5 to
continually disrupt the orderly ad-
ministration of justice."’ (TRS411,
5410) It fs clear from the rial
judge's reaction throughout trial,
from his charges and from the
extraordinary four-year term ul-
timately imposed that he
appellant was guilty not merely
of disobedience or breaches of
decorum but of a virtual assault
upon the entire administration of
justice, Under traditional tests,
this charge cannot be classified
as a petry offense. (74)
(4) > ¥. Wilton, 127 U5,
fel.
540, SSS (1888), holding that a man v, United States, 317 U.S, 49
conspiracy cannot be considered.) (1942)); transporting goods across
petty. The common law ‘petty of-
fenses"’ were of a nuisance nature
and did not involve ‘‘serious im-
morality. Classic instances were
disorderliness, drunkenness, V4-
grancy and violations of health,
safety, trade, fish and game regu-
lations, See IV BLACKSTONE,
COMMENTARIES 279, 281; 3STE-
PHEN, A HISTORY OF THE CRI-
MINAL LAW OF ENGLAND 264-
6S; Frankfurter and Corcoran, su-
pra n. 70, 39 HARV, L. REV,
at 983-1019. In every case in which
the Supreme Court has held an
offense to be triable without a jury
in a federal court, it has empha-
sized the lack of serfous immor-
ality associated with the offense.
E.g., District of Columbia y, Cla-
wans, 300U,S,617,525 (1937) (sell-
ing usused railway tickets with-
out @ license; ‘‘its mora] quality
is relatively Inoffensive’’); Schick
v. United States, 195 U,S, 65 (1904)
(sale of unstamped oleomargarine:
an offense “not necessarily in-
volving any moral delinauency ).
(END OF FOOTNOTE)
C, APPELLANT'S CONDUCT
CONSTITUTED AT MOST ASING-
LE CONTEMPT AND THE COURT
BELOW THUS ERRED IN IMPOS-
ING A SENTENCE IN EXCESS OF
SIX MONTHS WITHOUT ACCORD-
ING APPELLANT A JURY TRIAL,
The vitality of Bloom can be
preserved and the constitutional
issues discussed above avoided if
this Court determines that appel-
lant's conduct constituted at most
a single contempt,. since there
would then be no question but thar
appellant was entitled to a jury
trial, Whether appellant's conduct,
assuming tt was all contemptuous,
constituted sixteen crimes or only
a single offense is a question of
Statutory construction, Ladner y,
United States, 358 U.S, 169, 173
(1958), and a trial court cannot
alter the substance of a contem-
nor’s action by merely describing
ft as one or several contempts.
(75) In order to decide how many
different contempts, if any, ap-
pellant committed, this Court must
determine what is the ‘‘allowable
unit of prosecution’’ under 18
US,C, * 401(1), Bell v, United
States, 349 U.S, 81 (1955)—the
facts which, if proven, constitute
a single crime. When a series
of acts constitute but a single unit
of prosecution, even though each
one of those acts occurring by it-
self would have constituted acom-
plete unit of prosecution, that
series of acts is denoted a ''con-
tinuing offense."’ (76) A statute may
define a continuing offense although
words such as *‘course of conduct”’
do not appear in the provision.
(77) Such a single contiauing of-
fense may be involved even though
the various component acts were
charged as separate counts and
were subject to proof by different
facts. (78)
(7S) Thus the federal courts have
repeatedly reversed multiple
penalties imposed for an act or
Serles of acts which constituted
but a single offense. See, e.g.,
Heflin v. United States, 358 U.S,
415 (1959, Bell vy. United States,
349 US. 81 (1955).
(76) There are many such con-
tinuing offenses in federal law;
assaulting two federal officers with
a single shot (18 U.S.C, © 254,
Ladner v, United States. supra);
willfully remaining in the United
States after one's alien permit
expires, (18 U.S.C, *1282(c), Uni-
ted States v, Cores, 356 U,S, 405
(1958) transporting several wo-
men across state line in a single
car for immoral purposes (8
U.S.C, ©2421, Belly. UnitedStates,
supra); violating a provision of the
Fair Labor Standards Act with re-
gard to half dozen different em-
ployees (29 U.S.C. 9215, 216 (a),
United States v. Universal C.LT,
Credit Corp,, 344 U.S, 218 (1952)
one conspiracy to commit several
crimes (18 U,S.C, * 46, Braver-
several state lines at an illegally
low rate, (49 U.S.C, * 411, United
States y, Midstate Horticultural
Company, Inc,, 306 US, 161
(1939); several fraudulent entries
in a bank book to conceal a single
embezzlement (12 U.S.C, * 592,
United States v. Adams, 281 U.S,
202 (1930)); illegally cohabiting
with more than one woman over a
three year period (22 Stat. 3,
Ex parte Snow, 120 U,S, 274
(1887)), See also United States y,
Johnson, 323 U.S, 273, 281-82
(L944) (use of the mails for a
particular illegal purpose} Dunn
vy. United States, 284 U.S, 390,
397 (1932) maintaining a nuisance),
Where a defendant guilty of only
one continuing crime has been mis-
takenly convicted of several of-
fenses, all but the first convic-
tion must be reversed, See, ¢.g.,
Yates v. United States, 355 US,
66 (1957),
(77) See United States v. Universal
CLT. Credit Corp., supra, 344
U,S, at 277,
(78) United States v, Empsak, %
F, Supp. 1012 (D, Del. 1951),
(END OF FOOTNOTES)
Appellant maintains that the ap-
propriate unit of prosecution for
a direct contempt under * 401
(I) is the entire course of & con-
temnor’s conduct during a trial.
This interpretation of * 401(1) is
supported by (a) the statutory lang-
uage, () the legislative history
and the purpose of the statute,
(c) the need to prohibic improper
multiplication of offenses by the
prosecution or the trial court, (d)
the policy of Iénity applied in {n-
terpreting criminal statutes, (c)
the incongruous results which
would follow from any other unit
of prosecution, and () the pre-
vious applications of * 401(1).
These various considerations are
discussed separately; their effect,
of course, is cumulative.
(a) Statutory Language. Section
401 (1) penalizes “*(mjisbehavior of
any person in (a court's) pre-
senceor so near thereto as fo
obstruct the administration of jus-
tice."’ The term ‘‘misbehavior”’ is
a “‘collective noun", and has no
plural. (79)"'Misbehavior"’ depicts
a course of misconduct or aseries
of incidents, rather than an indi-
vidual contemptuous act,
(79) See Webster's New Interna-
thonal Dictionary, 2d ed. p, 525.
(END OF FOOTNOTE)
Had Congress desired to make
each contemptuous act a separate
and complete crime, it would pre-
sumably have done So clearly and
explicitly (60) by making punish-
able, for example, ‘‘every act in-
terrupting or tending to interrupt”’
a court proceeding, (61) or by mak-
lag punishable a number of speci-
fic actions, such as interrupting the
judge, refusing to stand when the
Judge enters and leaves the court-
room, or assaulting any person
in the courtroom. (@2)
@0) Bell v, United States, supra,
349 U.S, at 83; Ladner v, United
States, supra, 358 U.S. at 178.
(61) See La, Rev. Stat. * 15:11
(emphasis added),
(62) Compare Blockburger vy. Uni-
ted States, 284 U,S, 299, 302, (1932)
(successive sales of morphine two
crimes because the statute prohi-
bits any sale in the absence of
certain requirements, rather than
forbidding engaging inthe business
of selling iNegal drugs); Clark v.
District Court, 125 N,W, 2d 264
(lowa 1963) (@even violations of an
{njuntion seven different offenses
because the injunction prohibited
Specific acts such as the fitting
of dentures, rather than barring
in general terms the practice of
dentistry),
(END OF FOOTNOTES)
(>) Legistative History and Pur-
pose. k is clear that when * 40]
was first enacted in 1831, it was
intended to work 4 “{drastic cur-
tailment of the contempt power as
it had theretofore existed.’’ Bloom
v. Ulinois, supra, 361 U,S, at 203.
A construction wiich fixes the en-
tire course of trial seers
as the unit of prosecution clear
effectuates this policy. Secondly,
the contempt power as defined in
* 401(1) was not intended to pro-
tect the sensibilities of judges ur
parties from every harsh or un-
kind remark, nor to Impose ven-
geance for insults (Brown v. Uni-
ted States, 356 U.S, 148, 153, 161
(1958)), but rather to punish seri-
ous obstructions, Thus the concern
of * 401(1) is with the adverse
impact of misbehavior on the trial
as a whole. (83)
(83) Compare Ladner v. United
States, supra, 358 U,S, at 175-—
76; Bell v. United States, supra,
349 US, at 83, 84. In Ladner
the court concluded that the pur-
pose of the statute barring assaults
on federal officers was to assure
the carrying out of official tasks,
rather than the protection of fed-
eral officials, and thus held thar
only one crime was committed
when two officials were wounded
with a single shot. In Bell the
court reasoned that the concern of
the Mann Act was the use of inter-
state commerce for immoral pur-
poses, not safeguarding the virtue
of individual women, and thus con-
cluded the defendant had committed
only one offense when hetrans-
Ported two women across 4 State
line at the same time,
(END OF FOOTNOTE)
Section 401, moreover, fixes no
specific penalty, and provides no
standard for assessing punishment
other then the magnitude of the
adverse impact of thé misconduct
on the trial. The relevance of any
particular contemptuous incident
can only be evaluated In the con-
text of the entire trial. And to try
to assign to each contemptuous act,
with the precision needed fn allo-
cating jail terms, a portion of the
total disruption or prejudice
caused by a contemnor would be
an Impossible task,
(c) Improper Multiplication of
Offenses, Unless the entire trial
is the appropriate unit of prose-
cution under * 401(1), the vaguely
worded statute will give no guid-
ance whatsoever in determining
how many contempts have been
committed in an extended course
of misconduct. A givencourt might
punish as distinct offenses each
disruptive action separated from
another by a warning from the
bench, or by a short or lengthy
period of calm, or each incident
unless it is somehow related in
purpose, style or effect to other
incidents, or each sentence, word,
paragraph or movement which dis-
rupted the administration of justice.
(64) Without a precise definition
of the appropriate unit of prose-
cution, the number of offenses
committed will turn solely on the
“ingenuity and whim" of the pro-
secutor and the trial court, am
entirely impermissible result,
particularly in an area where jud-
ges are likely to become emotion-
ally involved, People vy, Riela, 200
N.Y,S, 2d 43, 46, 7. N.Y, 24571,
166 N,E, 2d 840 (1960), cert. de-
nied, 364 U.S, 474 (1960); Yates
v. United States, 355 U.S. 66 (1957);
Ex parte Snow, 120 U.S, 274, 282
(1887). @5)
(84) The absence of a clear unit
of prosecution has wrought utter
confusion in the state courts with
ard to the use of contempt to
pe violations of injunctions,
E.g., compare State v. King, 47
La, Ann, 701, 17 So, 288, (1895)
with Hickinbotham y. Williams, 228
Ark, 46, 305 SW, 2d 841 (1557);
compare State y, (Frontier
Airlines, Inc. 174 - 172, 216
NW, 2d 281, (1962); with Solano
Acquatic Club ¥, Superior Court, \
131 P, 874 (Cal. 1913 x :
(8S) The unit of pro~
secution fixed for * 401(1) seul
continued on next bage
— Page 11 —
“
PEN LETTER TO THE PRESS
FROM THE SOLEDAD 12
continued from page 14
more Blacks were brought in. No rea-
son was given for such an arrest
" until several days later. They were
taken one at a time for interroga-
tion. The questions implied was about
the killing of officer Schull. Looking
_at the actions which took place here,
it may seem to some harsh, but ex-
pected under the circumstances, This
is only a surface observation, If re-
viewed from beneath the surface you
will see the beginning of another con-
spiracy to falsely prosecute Black pri-
soners wantonly. Along with this it
should be easy to imagine some of
the torment we, the victims, are ex-
periencing, knowing that some of us
will be sacrificed. We have now de-
cided to fight with allthat we have
left, ‘‘life and dignity’’. With one
defending the other, power to those
who are willing to struggle, 12 will
struggle here together. We will not be
forced or bribed to separate. We will
retain our dignity. We will not lie or
turn against our brother, or sacrifice
him to save ourselves from the threat
of a trial of defeat.
From this point on, we will not eat,
expecting that the power and will of
the people is stronger than the offi-
cials of this prison, Our strike will
last as long as the oppressors prac-
tice these injustices against us. Our
THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 1%
strike will continue as long as this co-
ercion continues. We have no other
means of defense. Therefore we will
undergo this added hardship, hoping
you who believe in humanity will add
your support and show your concern be-
fore other lives are destroyed, The
only thing these fascists will yield to
is the will of the people. Do not let
themmisuse the power you have vested
in them, We are human, and no longer
the society-made criminals, We’re a
part and extension of the struggling.
Humanity, and love for the people.
We openly oppose the elements with-
in society which produce the so-called
criminal. We oppose the elements with-—
in the prison which attempts to keep
the prisoner a slave to his condition,
Because of these things we are being
persecuted, The officials here are
opposed to what we are, so much so
that their rational reasoning has been
destroyed. The original objective of
the investigation has now become ob-
scured in their racist sickness. No
longer do they seek the personrespon-
sible for the officer’s death, It makes
little or no difference that we know
nothing about the officer’s death, They
have decided to sacrifice some or all
of us, The proposition is, ‘‘either lie
and help them prosecute, or be pro-
secuted’’, We are bribed with free-
dom, and threatened with death or ex-
tended stay in prison.
We have chosen our human dignity.
We will not be a part of murder or
unjust prosecution, Possibly our dig-
nity will cost some of us our lives.
But without one the other is meaning-
to jury trial established by Bloom
less, For ten days we have been held
incommunicado. No formal charges have
been made because first they have to
set the stage for conspiracy. If they
are unable to use one of us against
the other their conspiracy might fail;
that is, they might not take us to court
on trumped-up charges. But even if
that be the case we will still be pro-
secuted in the follow manner:
We will be transferred to a maxi-
mum security prison (San Quentin or”
Folsom) probably to spend more time in
the hole and once we are there we
will always be the victims of s
harassment, But the worst of all the
evils is that when we appear before the
parole board any consideration for pa-
role will be judged on the bases of
our being falsely accused of killing
a prison guard, Our situation is des-
perate. We ask the people for support
in the following demands because if
any are denied, 12 Black people will
experience another atrocity at the hands
of racism,
1) We want to be returned to the main
line population from which we were taken
with a court restriction to remain
there...or be charged properly so that
we may have everything out in the
open.
2) We want any mention of the accu-
sation removed from our record, We
will also support the Chicanos hunger
strike here in ‘‘O"’ wing, We will
remain hungry. Liberty, justice and
the pursuit of happiness is what we
desire,
ALL POWER TO THE PEOPLE
merous” contempts); UnitedStates but were part of a single course
worded provisions dealing with di-
, rect contempe of military tri-
bunals, 10 U.S.C. * 848, 22 U.S.C,
e . lf the unit of prosecution
is not fixed as the entire trial,
the maximum penalties established
by those two provisions will be
liy meaningless. See United
v. Empsak, supra; State v,
» King, 47 La. Ann. 701, 17 So.
288 (1895; Maxwell v. Rives, 11
Nev. 213, 221 (1876).
__ (END OF FOOTNOTES)
@) The Policy of Lenity. Even
were the appropriate unit of pro-
Section not: apparent on the face
of * 401(1), this Court would none-
theless be compelled to conclude
that the appropriate unit for direct
contempt is the entire course of
trial conduct. When a penal statute
‘- allows of several possible inter-
_ ‘Pretations, the federal courts tra-
ditionally apply what is known as
“the rule of lenity'’ and adopt the
__ Jeast harsh construction, (66) This
(pd is particularly applicable
~ in deciding whether a defendant
“may be charged with and con-
-victed of multiple violations of the
"Same statute, (67)
6) See e.g., Heflin v. United
States, supra, 358 U,S. at 419,
“where the court held that a bank
Obber could not be prosecuted for
Os: on of stolen money as well
as for theft itself, explaining:
“Wye resolve an ambiguity (in
uh statutes) in favor of lenity when
_ required to determine the intent
0 eemerene in punishing multiple
pects of the same criminal
: * See also Prince vy. United
s, 352 U.S, 322 (1957).
Gore v. United States, 357
386, 391 (1968). In Ladner,
she Supreme Court held
BOBBY’S APPEAL
continued from last page
tat the court will not interpret
a federal criminal statute so as to
increase the penalty that it places
on any individdal when such an
interpretation can be based on no
more than a guess as to what Con-
gress intended,"’ 358 U.S, at 179,
In United States vy. Universal C.1,T,
Credit Corp., supra, 344 U.S, at
222, the Court held that an em-
ployer who pays less than the min-
imum wage is guilty of but a single
crime although he may underpay
many employees, explaining
‘"(Wyhen choice has to be made
between two readings of what con-
duct Congress has made a crime,
it is appropriate, before we choose
the harsher alternative, torequire
that Congress have spoken in lang -
uage that is clear and definite."
See also Bell v. United States,
supra, For applications of similar
State policies of lenity to contempt
cases, see People exrel. Amarante
v. McDonnell, 100 N,Y,S, 2d 463,
467 (1950); Maxwell v. Rives, su-
pra, 11 Ney, ar 221,
(END OF FOOTNOTES)
This policy of lenity is best
effectuated under * 401 (1) by treat-
ing several contemptuous incidents
during one trial as a single con-
tempt, since this interpretation of
* 401(1) materially increases the
likelihood that contemnors will re-
ceive the protection of a jury trial,
by preventing trial courts from
splitting lengthy jail terms into a
number of short consecutive sent-
ences, The policy thus preserved
is particularly appropriate here
because 4 right of constitutional
proportion is involved,
(€) Incongruous Applications. If
the course of trial] conduct is not
accepted as the unit of prosecu-
tion, incongruous results are bound
to occur in the application of di-
rect contempt statutes. The right
is to be afforded in the more
serious cases of contempt. But if
the unit of prosecution {s not the
whole trial, an excended course of
contempt may not be subject to
a jury trial requirement, while
a single outburst, less disruptive
in its total effect, may require
such a jury tial, The opposite
sort of incongruity ts possible with
regard to sentencing. The more
legally distinct crimes cornmitted,
the greater the total sentence a
trial court is likely to impose
in a * 401(1) case Yates v, United
States, supra, Yet the fact thar
the contemptuous conduct oc-
curred in a single outburst is not
a guarantee that it was less dis-
ruptive than a number of incidents
spread throughout the course of a
lengthy trial.
(0) Previous Practice, While the
courts have not heretofore expli-
citly considered what the appro-
priate unit of persecution is under
* 401(1), the interpretation of that
provision advanced by appellant
is supported by the general prac-
tice of the federal courts in deal-
ing with contempts. Multiple inci-
dents of contempt at a single trial
have generally been treated as but
a single crime, (88) In the few
cases where the conduct has been
divided into counts, this has been
done to facilitate appellate review
and the penalties imposed were
usually concurrent. (89) Moreover,
in applying the rule that a single
contempt cannot be penalized by
both fine and imprisonment (90)
the federal courts appear to have
assumed that a single trial cangive
rise to but one direct contempt,
(91) Both federal and state courts
have consistently held that multi-
ple refusals tc answer questions
at a trial or before a grand jury
constitute but a single offense.
(92)
(88) See, ¢.g., In re Osborne, 344
F.2d 611 (Sth Cir. 1965) (‘nu-
v. Schiffer, 351 F.2d 91 (6th Cir.
1965) (seventeen contemptuous
acts); Tauber v. Gordon, 350 F.2d
843 Gd Cir, 1965) (continuous con-
temptuous comments}; Shibley v.
United States, 236 F.2d 238 (9th
Cir. 1956) (‘many"’ contemptuous
acts); Offurt v. United States, 145
F. Supp. 111 (D. D.C, 1956) (44
contemptuous incidents),
9) See, supra p. 59, n. 64. A
number of decisions applying sim-
ilar state conternpt statutes have
stressed that only one trial was
involved in holding that a series
of contemptuous acts constituted
but one contempt. See e.g., State
v. Grey, 225 La, 38, 72 So. 2d
3, 6, (1954); ‘Gautreaux: y, Gau-
treaux, 220 La, 564, 57 So. 2d
188, 191, (1952).
(90) Carter v. United States, 135
F.2d 858 Gth Cir. 1943),
(91) See, e.g., In re Osborne, su-
pra (fine and jail term improper
although the defendant was guilty
of three types of contempt in-
volving at least 10 incidents);
Shoemaker v, K. Mart, 2% F,
Supp. 260 (E.D. Tenn, 1968)
(only jail or fine will be proper
in forthcoming contempt hearing,
although court order that witness
not discuss case with plaintiff
may have been violated several
times), See also International Bro,
of Teamsters, etc. v, United States,
275 F.2d 610 (4th Cir. 1960);
McNeill v. United States,
236 F.2d 149 (ise Cir. 1956),
(92) Yates v, United Stats, supra;
United States vy. Empsak, supra;
United States v. Abe, 95 F. Supp.
991 (D, Hawall 1950); People ex
rel, Amarante v, McDonnell, 100
N,Y.S.2d 463 (. Cr. Kings Cry.
1950); Maxwell y. Rives, supra,
(END OF FOOTNOTES)
Fixing the entire course of trial
conduct ag the unit of prosecu-
tfon is particularly appropriate in
this case, The sixteen alleged con-
tempts were not related incidents,
of conduct that arose over asingle
issue—the continuing dispute be-
tween appellant and the court re-
garding appellant’s right either to
represent himself or to be repre-
sented by attorney Garry. Half of
the sixteen Incidents were concen-
trated in a four day period from”
October 27 until October 30, 1968,
(93) and another three occurred
on a single day, (94) Four of the
incidents arose when appellant
asked to be allowed to cross-exam-
ine a witness, (95) and four others
arose when appellant sought to
argue motions on his own behalf.
(%)
(93) Incidents § through 15.
(94) Incidents 5, 6 and 7.
(9) Incidents 10, 12, 15, 16.
(96) Incidents 1, 2,5, 13, Theclose
interconnection between the al-
legedly contemptuous incidents in
this case is typical of direct con-
tempt cases, See, e.g., Yates v.
United States, supra; Wood v.
Georgia, 370 U.S. 375 (1%2);
United States v. Sacher, supra;
Gautreaux vy. Gautreaux, supra;
State v. Mouser, 208 La, 1093,
24 So.2d 151 (1945), Where mul-
uple violations of a single statute
typically or necessarily involve a
single motive or impulse, the Su-
preme Court has consistently
favored treating those violations as
constituting a single continuing
crime, Blockburger yv. United
States, supra, 284 U.S, at 302,
In United States vy. Universal C.1T,
Credit Corp., the court held that
several violations of the minimum
wage law constituted but a single
crime where they resulted from
a single manggement policy deci-
sion, Supra, 344°U,S. at 244, And
in United States vy. Midstate Horti-
cultural Company, Inc,, the court
held that interstate tr ation
of goods at an Illegally |
was only one crime, elthough it
continued on next page
— Page 12 —
—_
THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 20
TO ALL PROGRESSIVE ARTIST WHO ARE STRUGGLING AGAINST
THE RACIST U.S. GOVERNMENT ...WORLD ENEMY NUMBER ONE
TO MY COMRADES , THE PROGRES-
SIVE ARTISTS IN RACIST AMERICA,
TO ALL OF YOU, WHO ARE FIGHT_
ING IN THE STRUGGLE AGAINST
POLITICAL DOMINATION, ECONO-
MIC EXPLOITATION AND SOCIAL DE-
HUMANIZATION AT THE HANDS OF
THE FASCIST U.S. GOVERNMENT
The Black Panther Party calls upon
you to unite with the revolutionary for-
ces of the world so that the final blow
can be struck in the heart of the fas-
cist U.S. Government.
The time has come when all artists
must take a stand against the reac-
tionary forces in racist America or
bite the dust, along with all other reac-
tionarvies.
Therefore, the Black Panther Party
says, ‘‘a thing is only good when it
brings real benefit to the people’’.
The real benefit at this time would be
for all progressive artists to take up
their paints, and brushes in one hand
and their gun in the other, attacking
the foul depraved U.S. Government,
The American people and the strug-
gling people of the world will be vic-
torious! The fascist U.S. Government
will surely bite the dust! This being
our major theme we won’l leave any
stones unturned. This theme should
surely inspire you, the progressive
continued from last page
BOBBY’S APPEAL
involved a series of ucts over
artists of racist America, to project
in your art the essence of the people's
struggle, which is uncompromising.
For example, our pictures must show
fascist judges, lawyers, generals, pig
policemen, firemen, senators, con-
gressmen, governors, presidents, etc.
being punished for their criminal act
against the American people and the
struggling people of the world. Their
bridges, buildings, electric plants, pipe-
lines, all of the fascist American em-
pire must be blown up in our pictures,
Our art must show the youth who will
make the revolution, the mothers who
have suffered so much in raising their
family. We must condemn the genocidal
war that the fascist U.S. Government
is carrying on in Asia, and praise the
NLF of Vietnam, the revolutionaries
of South America and Africa.
We must surely expose how the Yan-
kees ave exploiting the peoples land in
Africa, Asia and South America, we
must praise our revolutionary com-
vades here in America, those who stand
in the vanguard, the Black Panther
Party, the Weathermen, and all the
political prisoners of war across the
country.
The progressive Black artist, in ra-
cist America, must expose the traitors
in the colony, dope dealers, bootlicking
Black politicians, thieving business-
men, all the corrupt elements of the
Black community, as well as project
means for dealing with these elements.
On the other hand, we should give
strength and guidance in our art to the
many Black people who are the vic-
tims of thievery and lies,
The progressive White artist in the
oppressor country should inflame the
progressive elements in the White com-
munity to taking the lives ofthe corrupt
government officials, As well as pro-
jecting a means to an end for the re-
lease of political prisoners of war,
So comrades, these were just a few
suggestions I project to you. lam more
than confident that you progressive
artist will be able to come up.
with a means to the end of exploita-
tion and the racist practice of the
fascist U.S. Government,
There can only be true love of hu-
manity when class distinctions have
been done away with, all over the world.
IN PREPARATION FOR A
Classes have split society into many
antagonistic groupings, therefore,
there will be love of humanity when
class distinctions have been done away
with, but not until then, We cannot
love the fascist U.S. Government that
is based on social evils, our aim is to
destroy social evils, To me this is prac-
tical thinking, but some of our artists
still don’t understand this. If their
thinking doesn’t change, they are sure-
ly to bite the dust, along with all other
reactionaries. Remember our major
theme--the American people and the
struggling people of the world will
be victorious! The fascist U.S. Gov-
ernment will surely bite the dust!
INSTRUCTIONS:
This is the first part of a continuous
yevolutionary art class.
1) All art work should be no larger
thar. 20 inches in size.
2) Use any media (ink, chalk, paints)
you please as long as it is black and
white.
3) All art work should project social
realism (i.e. human figures) instead
of the pig cartoon image.
4) ‘The first part of the class starts
September 1, 1970 and ends October
15, 1970,
5) All art work will be criticised or
praised, which ever it deserves--all
such criticism or praises will be for-
warded back to the artist, The praised
work we will keep, the criticized work
we will send back to you for correc-
tion,
6) The best art work will be accumu-
lated for a people’s revolutionary art
book (Titled: The American people and
the struggling people of the world will
be victorious! The fascist U.S. Gov-
ernment will surely bite the dust).
Plus many of the art works will be
reproduced in poster form--under the
revolutionary people’s banner, the New
Worle Liberation front,
7) Please send return address along
with the art work plus postage.
ALL POWER TO THE PEOPLE
DEATH TO THE FASCIST PIGS
Emory Douglas
Minister of Culture
BLACK PANTHER PARTY
REVOLUTIONARY PEOPLE'S
CONSTITUTIONAL CONVENTION
an extended period of time and the
crossing of several state lines, be-
cause the crime was ‘'set on foot
by a single impulse and operared
by an unintermittent force."’ Su-
pra, 306 U.S. at 166, See also
Justice White dissenting in Tous-
sie vy. United States, 25 L, Ed.
2d 156, 166 (1970).
(END OF FOOTNOTES)
Should this Court conclude that
the appropriate unit of prosecu-
tion under * 40)(1) is the entire
course offrrial conduct, this would
not impair the power of 4 trial
ecurt to cite a party
or spectator for criminal contempt
without waiting for the end of the
tria}, Nor would it necessarily
mean that a coatemnor could not be
adjudged and punished in separate
contempt proceedings for con-
temptucus conduct during the
course of a trial, since such an
adjudication and sentence might be
held to break up the continuing
offense into two or more distinct
crimes, (97)
(97) Compare, ¢.g., Bullock v.
United States, 265 F.2d 683 (Oth
Cir. 1959); Tobin v. Plelet, 186
F.2d 886 (7th Cir, 1951)
(END OF FOOTNOTE)
continued from pagee
15, Drugs
Submited by the Agenda Com-
inittes
Informatio; centers set up for
revolutionary constitutional con-
vention
SET UP BY: Sally & Richard
Garvel - 777 Hunrington Ave,
Bostoa, Mass, (437-5956
CENTERS:
Mass, Boston - Cambridge
Museum School Artists Collective
Panther Defense
STORRS SDS
Old Mole
Free Press
Ecology Action
Ecology Food Store
Nortieastern University
Juche - Northeastern and Juche
and two Collectives are mobile
Centers
NCCE
SPRINGFIELD Collective
NORTHAMPTON Collective
CONNECTICUT New Haven
Liberation School
Four Mobile Collectives
NCCF
BRIDGEPORT Collective
NCCF
VERMONT Surlington
Fram Collective
Newspaper
RHODE ISLAND Néwrort
Potemkin Book Store &
Collective
New Hampshire
OM Mole
Phoenix = Bontoa
Northeastern News
Free Vermott - Vermont
PUTNEY Peoples Collective and
NEW HAMPSHIRE University of
NEWS MEDIA DOING ARTICLES:
— Page 13 —
<9
a4
by the mass media,
Black
to the
product
present the facts,
oppressor, but
ALL POWER
We found we as citizens
of this country were being
kept duped by the govern-
ment and kept misinformed
The Black Panther Party
Black Community News
reliable
| Service was created
present factual,
information to the people,
The Black Panther Party
Community News
Service is the alternative
‘government ap-
proved’ stories presented
in the mass media and the
of an effort to
stories as dictated by the
as seen
from the other end ofagun,
TO THE PEOPLE!
SEIZE THE TIME!
Huey would say, “a newspaper is the voice
of 4 party, the voice of the Panther must
be heard throughout the land.”
to
pet
July
formation B,P,P,
3 MONTHS, (13 ISSUES)
ONE YEAR: (52 ISSUFS)
not (please print)
NAME ___
ADDRESS
19%7--Minister of Defense, Huey P,
Chairman, Bobby Seale (left), reading an early edition of B.P.P.
Newspaper at the home of Eldridge Cleaver, Minister of In-
Enter my subscription for (check box):
6 MONTHS; (26 ISSUES)... .
Newton (right) and
=
STATE/ZIP # _
PLEASE MAIL CHECK
MONEY ORDER TO;
MINISTRY OF INFORMATION, BLACK PANTHER PARTY,
* Box 2967. Custom Mouse, San Francisco, CA 94126
____. COUNTRY ___
Mr, McDougall
aoe Commissioner
~ * Correctional Department
State of Connecticut
Dear Mr. McDougall:
This letter is to formally
notify you of the atrocious sub-
‘human conditions which exist in
the Bridgeport Correctional
Center. As you and I both
know, there have been many pre-
vious complaints about these con-
ditions, whether they were formal
or informal, many of which came
from the inmates themselves. If
the inmates have not formally or
directly notified you, I am sure
you can understand why since
| this would mean that they would
. be labeled as a troublemaker in
the institution and wouldbe dealr
with accordingly. i has been
brought to my attention and the
attention of the people in general
that the following conditions ex-
: 1) The unsentenced inmates pre-
‘sently are not allowed to eat in
the dining hall, These inmates
; Teceive the food in their cells.
‘The plates are stacked up on top
of each other with the bottom
of the plates on top of the food.
_ When the food does arrive, ir
ds usually cold, insufficient, and
CONCERNING THE SUB-HUMAN CONDITIONS
OF BRIDGEPORT CORRECTIONAL CENTER
hard to digest. The serving
of the food in the cells has caused
the presence and breeding of
rats, mice, flies, waterbugs, and
roaches of enormous size,
2) The cells themselves are
“filthy and there is no ventilation.
The linen fs dirty and not changed
very regularly,
3) The unsentenced inmates do
not receive any recreation. The
television is cut off from 5 o'clock
to 7:30 so that inmates cannot
watch the news,
4) Only the immediate family
of inmates are allowed visitation
rights. Many of the inmates have
no relatives locally but do have
close friends who might be able
to help them in their subsequent
cases. These people are not
allowed to see the prisoners.
Prisoners are locked up in max-
imum security for not shaving
although officials have never stated
that there was a regulation against
the wearing of beards or mus-
taches,
5) Perhaps the most fascist and
repressive tactic used in the
Bridgeport Correctional Center is
the convening of Kangeroo Courts
which are conducted under the
jurisprudence of his honorable
George H. Conway, Warden, (1
did not realize that George Con-
“When the peaceful means of politics are ex-
hausted and the people do not get what
they want politics are continued.
way was also a judge.) Top
guards, usually sargents, act as
jurors. ‘The Kangeroo Court {fs
usually convened when officials
feel that it {1s necessary to
discipline an inmate for some
violation of rules. The jurors
also execute the punishment which
is usually a sadistic beating or
Placement in the hole and other
undue harassment,
Further | wish to bring
to your attention that many of
these unsentenced inmates have
been in jail now for long periods
of time; this is not detracted
from a sentence that they may
receive when they finally come to
trial, I find this, as you should
find it, contrary to the {innocent
until proven guilty theme thar our
judicial system so proudly
espouses, Now, Mr. McDougall,
since you have been FORMALLY
made aware of these intolerable
conditions, What Do You Plan
To Do About Them? We are
asking that an immediate in-
vestigation of these conditions be
started and that private citizens
such as myself also take part in
this Investigation,
Lawrence Townsend
cc; George H, Conway
Gov. George
Usually it ends up in a physical
conflict which is called war
which is also political?
THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 21
RULES OF THE
BLACK PANTHER PARTY
NATIONAL HEADQUARTERS
1048 PERALTA STREET
OAKLAND, CALIFORNIA
Every member of the BLACK PANTHER PARTY throughout
this country of racist America must abide by these rules as
functional members of this Party. CENTRAL COMMITTEE mem-
bers, CENTRAL STAFFS, and LOCAL STAFFS, iccluding all
captains subordinate to elther national, state, nad local leader-
ship of the BLACK PANTHER PARTY will enforce these rules,
Length of suspension or other disciplinary action necessary
for violation of these rules will depend on national, state or
state area, and local commitrees and staffs where said rule or
rules of the BLACK PANTHER PARTY WERE VIOLATED,
Every member of the Party must know these verbatum by
heart. And apply them daily, Each member must report any
violation of these rules to their Jeadership or they are counter-
revolutionary and are also subjected to suspension by the BLACK
PANTHER PARTY.
THE RULES ARE:
1, No Party member can have narcotics or weed tn his pos-
session while doling Party work.
2. Any Party member found shooting narcotics will be ex-
pelled from this Party,
3. No Party member can be DRUNK while doing daily Party
work,
4. No Party member will violare rules relating to office
work, general meetings of the BLACK PANTHER PARTY, and
meetings of the BLACK PANTHER PARTY ANYWHERE,
5. No Party member will USE, POINT, or FIRE & weapon
of any kind unnecessarily or accidentally at anyone,
6. No Party member can join any other army force other than
the BLACK LIBERATION ARMY,
7. No Party member can have a weapon in his possession
while DRUNK or loaded off narcotics or weed,
8. No Party member w!!! commit any crime against other
Party members or Slack people at all, and cannot steal or
take from the people, not even a needle or a piece of thread,
9, When arrested BLACK PANTHER MEMBERS will give
only name, address, and will sign nothing. Legal first aid must
be understood by all Party members.
10, The Ten Point Platform and Program of the BLACK
PANTHER PARTY must be known and understood by each Party
member,
11, Party Communications must be National and Local.
12, The 10-10-10-program should be known by all members
and also understood by all members.
13. All Finance officers will operate under the jurisdiction
of the Ministry of Finance,
14, Each person will submit a report of daily work.
15, Each Sub-Section Leader, Section Leader, Lieutenant, and
Cuptain must submit Daily reports of work.
16. All Panthers must learn to operate and service weapons
correctly,
17, All Leadership personnel who expel a member must submit
this information to the Editor of the Newspaper, so that it will
be published in the paper and will be known by all Chapters and
Branches.
18, Political Education Classes are mandatory for general
membership,
19, Only office personnel assigned to respective offices each
day should be there. All others are to sell papers and do Political
work out in the community, including Captains, Section Leaders,
etc.
20, COMMUNICATIONS--all Chapters must submit
reports in writing to the National Headquarters,
21. All Branches must implement First Aid and/or Medical
Cadres,
22. All Chapters, Branches, and components of the BLACK
PANTHER PARTY must submit a monthly Financial Report
to the Ministry of Finance, and also the Central Committee.
23. Everyone in a leadership position must read no Jess than
two hours per day to keep abreast of the changing politica)
situation,
24. No Chapter or Branch shall accept grants, poverty funds,
money or any other aid from any government agency without
contacting the National Headquarters,
25. All Chapters must adhere to the policy afd the ideology
laid down by the CENTRAL COMMITTEE of the BLACK. PANTHER
PARTY,
26, All Branches must submit weekly reports in writing to
their respective Chapters,
weekly
eX
a
— Page 14 —
-_
—_
MIS-
INFORMATION
A REALITY
IN NEW
HAVEN
For as long as we Black people
have been forced to live inthis ra-
cist nation, we have been the vic-
tims of a well planned program of
mass misinformation, This misin-
formation has been one of the very
causes of the great division that
has existed among our people
Since we were first forced into
slavery. This division hes never
helped Black people. It has only
helped those people who benefit
from our subhuman existance In
this country. In order to reach as
many people as possible and to
Saturate our Black peoplethe pigs
who control our destiny finditnec-
essary to use methods that will
spread lies, falsehoods, and de-
ceit, The most available methods
are T.V., radio and newspapers,
All of the means of communica-
tion now are held in the hands
of the enemy. Even when we look
at most so called Black or ne-
gro newspapers and so called
Black radio stations, we find they
are guilty also of spreading the
same brand of mistaformation.
This is precisely because even -
these so called Blacks are con-
trolled by the most oppressive
dictators the world will ever see
Nixon and his mouth piece, Agnew.
In thelr ever increasing at-
tempts to destroy the Black Pan-
ther Party, these fascist dictators
with their faithful lapdog J. Edgar
Hog use the tactic of misinforming
Black people so skillfully that one
must ask the question, ‘Did they
invent misinformation?"’
At this time, in New Haven,
Connecticut, the dictators of the
world dafly push one sided stor-
fes in front of the masses of
Black people with the vain hope of
once again misinforming and di-
viding Black people. This divi-
sion they hope will drive Black
people away from the one party
that has won the trust and faith
of the people.
In New Haven the pigs push dal-
ly in their unconstitutiona) ar-
tempts to railroad Lonnie McLu-
cas. Lonnie is one of the 9 Pan-
thers being illegally held in New
Haven in connection with the ab-
Surd charge of murder of ano-
ther Panther. The Chairman of
the Black Panther Party is also
illegally held in connection with
this case, The pigs have started
Lonnie’s trial first and separate-
ly in hope of a fast conviction.
This would set the stage for the
fast railroading of our Chairman
Bobby Seale. Pigs of the world
know Bobby Seale stands in de-
fense of all oppressed people. For
this very reason, they feel he
must be destroyed, They also rea-
lize that Black people at all eco-
nomic levels will not tolerate the
murder of Bobby Seale and be-
cause of this fact all levels of
Black people are united behind
Chairman Bobby. Unity at lastfor
Black people, This type of unity
the dictators cannot tolerate, The
dictators fee] that a wedge mustbe
driven between the people and
Bobby Seale between the people
and the Panthers, It is at this
point that mass misinformation
plays a key role, It is skillful-
ly concealed as the truth and
THE BLACK, PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 22
SATURDAY, SEPTEMBER 5th, 4 P.M.
REGISTRATION FORM
FOR REPRESENTATIVES or INDIVIDUALS FOR THE
REVOLUTIONARY PEOPLE’S PLENARY SESSION
Temple University Gymnasium
Broad & Montgomery Streets, Philadelphia, Pennsylvania
September 5-7, 1970
UNLESS OTHERWISE NOTIFIED OF CHANGE
CHECK-IN CENTER IS, CHURCH OF THE ADVOCATE, 19TH, & DIAMOND ST.
CHECK-IN TIME STARTS FRIDAY, SEPTEMBER 4th AT 12 NOON THRU
PLENARY SESSION STARTS
SATURDAY EVENING, SEPTEMBER 5th AT 7 P.M.
WE SUGGEST TO ALL PEOPLE, REPRESENTATIVES AND PARTIES OF
ORGANIZATIONS TO ARRIVE EARLY AS POSSIBLE STARTING FRIDAY,
SEPTEMBER 4th,12NOON SO THAT EVERYONE CAN BE PROPERLY ASSISTED
IN GETTING HOUSING AND OTHER NECESSARY INFORMATION THAT MANY
THOUSANDS WILL NEED TO KNOW FOR THE DURATION OF THE PLENARY SESSION
Cut along this line and
Mail this section of the Registration
Please check all appropriate
squares
I AM COMING TO THE REVOLUTIONARY PEOPLE'S PLENARY SESSION.
[CJ I WILL NOT NEED HOUSING ARRANGEMENTS.
Oo
I WILL NEED HOUSING ARRANGEMENTS.
I WILL NOT NEED TRANSPORTATION.
I WILL NEED TRANSPORTATION.
OTHER MEMBERS OF MY ORGANIZATION WILL ALSO ATTEND, HOW MANY?
I WOULD LIKE TO ESTABLISH A CONSTITUTIONAL CONVENTION INFORMATION CENTER IN MY AREA.
(IF THIS IS FOR AN ORGANIZATION, PLEASE SEND NAME, ADDRESS AND OTHER
PERTINENT PARTICULARS)
PLEASE SEND REGISTRATION BLANKS, INFORMATION ETC. SO THAT I MAY AID THE PLENARY SESSION
BY DUPLICATING AND DISTRIBUTING MATERIALS, LEAFLETS, POSTERS, BUMPER STICKERS,ETC.
I WILL ENCLOSE $ TO HELP WITH THE COST OF THE PLENARY SESSION.
NAME... scccecccccccessecssess
STREET ADDRESS.....+--+++++
CITY. 000000 STATE. cccccccscccccesllbecesceces
HOME PHONE..............-ORGANIZATION..........NON-ORGANIZATION......0005
PHONE (FOR ORG.)......22-2e+ee0>
sisipioiseisie CITY.....+- STATE......-
THE REVOLUTIONARY PEOPLE’S CONSTITUTIONAL CONVENTION IS
PROJECTED TO November 4,1970, ELECTION DAY.
LOCATION and PLANS WILL BE DEVELOPED at the PLENARY SESSION
MAIL THIS REG. FORM TO:
BLACK PANTHER PARTY
National Headquarters
Ministry of Information
1048 Peralta St.
W. Oakland, California
(415) 465-5047-48-49
passed on to the people.
The pigs have gone to the ex-
treme in the case of the New Ha-
ven Panthers. We must not for-
get that in New York, Panthers
await the verdict of a surely ra-
cist court. In Baltimore 18 Pan-
thers, ex-Panthers, friends and
sympathizers must shortly come
to trial. Alsoin Baltimore 3 more
Panther Including Jolin Clark,
area Defense Captain await ver-
dicts as a result of gun charges
that stem from seriously exer-
ing the so called guaranteed right
to keep and bear arms.
Because of this the pigs must
go to the extreme to convince the
people they are justified in pro-
secuting Panthers.
Connecticut plays as the key to
all Panther trials on the East
coast as well as the entire coun-
try. I the pigs aresuccessful tn
thelr attempts to legally lynch the
Wash.,
2327 18th Street, N W
Washington, D.C, 20009
(202) 265-4418-19
Connecticut Panthers it is a cer-
tainty that other Panthers will be
. legally lynched. Connecticut 1s the
first room ina raicst tenament
which has beenpreplannedto house
pig hearted cold blooded fascism,
stands as a contradiction to miaz.'s
basic drive to be free, Misinfor-
mation stands as a contradiction
opposed to man’s ability to seek
the truth, These two contredic-
tions are necessary ingredients in
the conspiracy of Babylon's ru-
lers to enslave and rape the
world, These two contradictions
can only be solved through armed
revolutionary struggle. kt ts
armed resistance that will bring
an end ro the dictatorship of the
pigs, It is armed resistance that
will establish and secure the dic-
tatorship of the people. In an all
out effort to destroy the Conn-
ecticut Panthers, the New York
Panthers and the Baltimore Pan-
D.C., Ministry of Infor,
East Coast, Ministry of Infor.
1370 Boston Road
Bronx, N.Y 11212
(212) 328-9911-9009
Chicage Ministry ef Infermation
2350 W. Madison
Chicage, Ill.
(312)243-8276
thers, they have created a situ-
ation that has offended the con-
scious mind of every freedom
loving person In the world, The
dictators have set concealed as
well as blatant examples that
Hitler would smile approvingly .
on.
Those who appreciate freedom
and its values can never be sa-
tisfied living the life of citizen
slaves. This is a universal law
of oppressed people, The dicta-
tors, the courts continue lying and
misinforming the masses of Black
people. In order to constantly
keep Black people in 4 position of
subhuman slavery, the sadistic
madness of this racist nation
malstain tight control over any
and all information that we as
citizen slaves are allowed to come
into contact with, Eldridge Clea-
ver Minister of Information of the
Black Panther Party has pre-
viously stated the information is -
the raw material for new ideas.
If ideas can be controlled the
minds, and actions of oppressed
people can be coatrolled, .
The truth is the light in this
dark bour of our enslavement
Black people demand the light to
see by, By standing together de-
manding the truth nothing but the
truth, Block colonies are re-
sisting the attempts to misinform
therm, We ask the people to check
out and analyze this gross mis-
information that the court is push-
ing, And while this is belng done
remember where this Information
is coming from. k 4s information
of the pigs by/ the pig and. for ”
the pig.
ALL POWER TO THE PEOPLE!
Baltimore Chapter /
Coates .
— Page 15 —
THE BLACK PANTHER, SATURDAY, AUGUST 29, 1970 PAGE 23
“
Where is Freedom when a peoples right to ‘‘Freedom of Speech”’ is denied to the point of murder?
When attempts at ‘‘Freedom of the Press’’ brings bombings and lynchings?
Where is Freedom when the right to ‘‘peacefully assemble’”’ brings on massacres? Where is our
right to ‘‘keep and bear arms’’ when Black People are attacked by the Racist Gestapo of America?
Where is “‘religious freedom’’ when places of worship become the scene of shoot-ins and bomb-ins?
Where is the right to vote ‘‘regardless of race or color’’ when murder takes place at the voting
polls? Are we free when we are not even secure from being savagely murdered in our sleep by police-
men who stand blatantly before the world but yet go unpunished? Is that ‘‘,,.equal protection of the
laws’’? The empty promise of the Constitution to ‘‘establish Justice’’ lies exposed to the world by
the reality of Black Peoples’ existence, For 400 years now, Black People have suffered an unbroken
chain of abuse at the hands of White America, For 400 years we have been treated as America’s
foot-stool, This fact is so clear that it requires no argumentation,
REVOLUTIONARY PEOPLE’S
ONSTITUTIONAL CONVENTION
PLENARY SESSION
TEMPLE UNIVERSITY
GYMNASIUM
SEPTEMBER 9—/
PHILADELPHIA,P.A.
— Page 16 —
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