Against Our Will: Men, Women, and Rape (98 page)

( 214) Washington study: Charles R. Hayman et al., "Rape in the District

428
I
SOURCE NOTES

of Columbia," presented to the 99th Annual Meeting, American Public Health Association, Minneapolis, Oct. 12, 1971 ( mimeo), pp.
6-1.

( 215 ) "In contrast to Amir": Charles R. Hayman, "Comment," Sexual

Behavior, Vol.
i,
No. 8 (Nov. 1971), p. 33.

( 215) Wolfgang-Amsterdam study: James Q. Wilson, "The Death Pen alty,"
New York Times
Magazine, Oct. 28, i973, pp. 34, 36.

( 215) Wolfgang on comparative patterns: Marvin
E.
Wolfgang and Bernard Cohen, Crime and Race, New York: Institute of Human Relations Press, 1970, p. 81.

( 215) Justice Department statistics, executions: U.S. Department of Justice, National Prisoner Statistics
Bulletin
No.
46: Capital
Punishment (Aug. i971), Table 1.

( 216) Baltimore study: "Negroes Accuse Maryland Bench: Double Stan dard Is Charged in Report on Rape Cases,"
New
York
Times,
Sept. 18, 1967, p. 33.

( 217) "The entire Negro population": Winthrop D. Jordan,
White
Over

Black,
Chapel Hill: University of North Carolina Press, 1968, p. 153. ( 217) "After confessing the conspiracy": Ibid.

( 217) no evidence that rape played a part: Herbert Aptheker, American Negro
Slave
Revolts, New York: Columbia University Press, 1943,

P.·
224 n.

(217) 'Infuriating sexual slander": John Henrik Clarke, ed.,
William
Styron's Nat
Turner: Ten Black
Writers Respond, Boston: Beacon Press, i968, p. 85.

( 217) Genovese suggested: Eugene D. Genovese, In
Red
and Black: Marxian Explorations
in
Southern and Afro-American History, New York: Pantheon, i971, pp. 211-212.

1. "The slaves destroyed tirelessly": C.
   L.
   R.
   James,
   The Black /acobins:
   Toussaint L'Ouverture and the San Domingo Revolution (1938), New York: Vintage Books, 1963, p. 88.
   

2. state of Virginia's records: Ulrich B. Phillips, American Negro
   Slavery
   (1918), Baton Rouge: Louisiana State University Press, 1969, p. 458.
   

( 218) "That no slave women were mentioned": Ibid.

( 218) Footnote, During the same time span: Phillips, pp. 457-458. ( 218) penalty of castration: Jordan, p. 157.

1. Jefferson, "The principle of retaliation": Jordan, p. 463.
   

   .( 219) The 1860 Code of Virginia: Donald H. Partington, "The Incidence of the Death Penalty for Rape in Virginia," Washington and Lee Law
   Review,
   Vol. 22 ( 1965), p. 50.
   

2. Mississippi newspaper on Judge Lynch: Phillips, pp. 460-461.
   

1. "chief slave of the harem": Harriet Martineau, Society in America ( 3 vols.) London: 1837, Vol. 2, p. 328. This quote is blind in Martineau's text but I have seen it attributed to Dolley Madison.
   

2. Colonial legislation in North Carolina, etc.: James H. Johnston, Race Relations in Virginia and Miscegenation in the South ( 1937), Amherst: University of Massachusetts Press, 1970, pp. 172-180.
   

( 220) A colonial Pennsylvania court: Johnston, p. 179. The black man in this case, apparently a slave, was ordered merely "never more to meddle with white women on paine of his life," for he had sworn to the court that "she inticed him."

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SOURCE NOTES
I
429

During a forty-four-year period in Virginia: Johnston, pp. 257-263. "The said Patsy Hooker": Johnston, p. 261.

case of Tasco Thompson: Johnston, pp. 262-263.

Birth of
a
Nation
caused near-riots: Milton MacKaye, "The Birth of a Nation," Scribner's, Nov. 1937, p. 46.

Cash on Southern "rape complex": W. J. Cash, The Mind of the South, New York: Knopf, 1941, pp. 115-117.

NAACP lynch statistics: Thirty Years of Lynching in the United States,
1889-1918,
New York: National Association for the Advance

ment of Colored People, 1919.

Footnote, terse report, black female lynch victim: Notes on Lynching in the United States, compiled from The Crisis, New York: NAACP, 1912, p. 3.

"It
may be fairly pointed out": Thirty Years of Lynching, p. 10.

"We declare lynching is an indefensible crime": A
New
Public Opinion on Lynching, Atlanta: Association of Southern Women for the Prevention of Lynching, Bulletin No. 5, 1935.

Jessie Ames later credited female suffrage: Jessie Daniel Ames, Toward Lynchless America, Washington: American Council on Public Affairs, 1941, p. 5.

"Lowndes County, Miss.": Are the Courts to Blame?, Atlanta: As sociation of Southern Women for the Prevention of Lynching,

Bulletin No. 3, 1934, p. 7.

"Whatever else may be said about Southern women": Ames, p.
5.

the Southern women began naming names: Reports cited from Feeling
Is
Tense, Atlanta: Association of Southern Women for the Prevention of Lynching, Bulletin No. 8, 1938, p. 7.

"Where Were the Peace Officers?": Feeling
I s
Tense, p.
8.
International Publishers laid down the party line: Harry Haywood and Milton Howard, Lynching, A Weapon of National Oppression, New York: International Publishers, International Pamphlet No. 25, 1932.

Du Bois, White, Darrow, "dastardly evasion": Haywood and Howard,

P· 5·

"Lynchings defend profits!": Haywood and Howard, p. 7.

"Lynching is the ultimate threat":
To
Secure These Rights, Report of The President's Committee on Civil Rights, Washington: U.S. Government Printing Office; New York: Simon and Schuster, 1947' p. 24.

"The 'Rape' Lie": Haywood and Howard, pp. 7-8.

Wigmore on Evidence: See my page 370 for Wigmore's views on the veracity of female rape complainants.

To Communists, feminism was always a dirty word: See Clara Zetkin, Lenin on the Woman Question, New York: International Publishers, 1934, pp. 6-7, 15; Ella
Reeve
Bloor, We Are Many, New York: International Publishers, 1940, pp. 92-104.

Deutsch found "marked sexual attraction
to
Negro men" etc.: Jolin Dollard, Caste and
Class
in a
Southern
Town
(1937), New York: Doubleday Anchor Books, 19.57, pp. 16q-170 n.

". . . innocent men accused of rape by hysterical women": Helene Deutsch, The
Psychology of
Women, New York: Grune
&
Stratton, 1944, Vol. I, p. 2 54.

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the name of that case was Scottsboro: To retell the Scottsboro story I have relied most heavily on Arthur Garfield Hays, Trial
by
Prejudice, New York: Covici, Friede, 1933 pp. 25-150. Additional sources that proved useful were: Mary Heaton Vorse, "How Scottsboro Hap J:>ened," The New Republic, May io, 1933, pp. 356-358; "Report on the Scottsboro, Ala. Case made by Miss Hollace Ransdell represent ing the American Civil Liberties Union," New York, May 27, 1931 (mimeo); "Opinion of Judge James E. Horton of the Alabama Cir cuit Court granting a motion for a new trial in the Scottsboro Case," reproduced by the ACLU, July 1933 (mimeo); appellant briefs for Haywood Patterson and Clarence Norris, argued before the Supreme Court of the State of Alabama bv Osmond K. Fraenkel and Samuel S. Leibowitz, 1934, 1937; Quentin Reynolds, Courtroom: the Story
of
Samuel S. Leibowitz, New York: Farrar, Straus, 1950, pp. 248-314; Haywood Patterson and Earl Conrad, Scottsboro Boy, New York: Doubleday, 1950; Allan
K.
Chalmers, They Shall Be Free, New York: Doubleday, 1951. Specific quotes taken from the text of these sources and references for certain critical facts are cited below. "Dearest Earl," she began: Hays, pp. 115-116.

some of the black defendants swore in court they had seen the others do the raping: Hays, pp. 61-64.

many a pamphlet charged that Victoria Price was a prostitute: For one example, see Guy Endore, The Crime at Scottsboro, Hollywood: Hollywood Scottsboro Committee, 1938, pp. 11-12. For an example of the way this unsupported charge has become a "fact," see Elias M. Schwarzbart, "The Scottsboro Case," New York
Times,
Jan. 25, i975,
P·
27.

Women did not win the right to sit on Alabama juries until 1966: By

telephone from William McQueen, Assistant Attorney General, Montgomery, Ala., Sept. io, 1974.

"tossed out of the precinct": Reynolds, p. 305.

corralled by a posse of white men: Hays, p. 35; Chalmers, p. 19.

". . . when the two girls were taken from the train": Ransdell to the ACLU, p. 3.

". . . fearing a vagrancy charge": Vorse, The New
Republic,
p. 357. cost Horton his judicial career: See
"J.
E. Horton Dies; Scottsboro Judge," New York
Times,
Mar. 30, 1973, p. 42.

"History, sacred and profane": Horton opinion, ACLU mimeo,

p. 15; also quoted by Hays, Reynolds and Patterson.

Louisiana study: Oakley C. Johnson, "ls the Punishment of Rape Equally Administered to Negroes and Whites in the State of Louisiana?" (1950) , We Charge Genocide (1951), New York: International Publishers, 1970, Appendix, Document B.

Virginia study: Donald H. Partington, "The Incidence of the Death Penalty for Rape in Virginia," Washington and Lee Law Review, Vol. 22 (1965), pp. 43, 68-70. Partington was able to ascertain that in half of these cases the victim had been white. In one case the victim had been black. Information on race of victim was not available for the rest of the cases (most of those before 1930).

"The attack on Mrs. Taylor was an attack on all women": Earl Con rad and Eugene Gordon,
Equal
Justice Under the Law, New York: Committee for Equal Justice for Mrs. Recy Taylor, i945, pp. 9-10.