Pittsburgh Post-Gazette

Injustice is blind, too

How an act of racist barbarism sparked racial progress

- By Glenn Altschuler Glenn C. Altschuler is the Thomas and Dorothy Litwin Professor of American Studies at Cornell University.

On Feb. 12, 1946, Sgt. Isaac Woodard, an African-American who had recently been discharged from the U.S. Army, had an altercatio­n with a Greyhound bus driver over his request to leave the vehicle during a stop to relieve himself.

Cursed by the driver, Sgt. Woodard insisted that he “talk to me like I’m talking to you. I’m a man just like you.” At the next stop, the sergeant was removed from the bus by Lynwood Shull, the police chief of Batesburg, S.C. While Sgt. Woodard was in custody, the officer beat him with a blackjack, leaving the battlefiel­d decorated soldier permanentl­y blind.

In “Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman and Judge J. Waties Waring,” Richard Gergel, a U.S. district judge in Charleston, S.C., tells the mostly forgotten story of this racially motivated crime. Featured on Orson Welles’ radio program and in a Woody Guthrie song, the incident, according to Judge Gergel, prompted President Harry Truman “to do something that mattered on civil rights” and inspired U.S. District Judge J. Waties Waring, a Charleston patrician (over whose court Judge Gergel now presides), to issue landmark decisions that helped upend segregated schools and all-white primaries.

Judge Gergel provides a heart-wrenching account of racial injustice in the South in the middle of the 20th century. Despite prodding from the NAACP, he indicates, the efforts of Justice Department lawyers to convict the police chief were at best halfhearte­d. Prosecutor­s did not make any peremptory challenges or move to strike any potential jurors for cause.

After mispronoun­cing Sgt. Woodard’s name in his opening statement, Claud Sapp, U.S. attorney for South Carolina, rested the government’s case after an hour and 25 minutes, failing to call, among other witnesses, Jennings Stroud, a white soldier who saw the officer strike Sgt. Woodard unprovoked as he exited the bus. Mr. Sapp did not object when the defense argued that Sgt. Woodard belonged to “an inferior race that the South had always protected,” who must have been drunk because “that’s not the talk of a sober niggra in South Carolina.” In his summation, Mr. Sapp told jurors the government would be satisfied with “whatever verdict you gentlemen bring in.” They acquitted the chief after deliberati­ng for less than half an hour. No wonder Judge Waring, who presided over the trial, was deeply troubled by the outcome.

Judge Gergel probably exaggerate­s the impact of the blinding of Isaac Woodard on Mr. Truman’s commitment to racial justice. Nonetheles­s, he is surely right that Mr. Truman exhibited considerab­le political courage in creating the first presidenti­al commission on civil rights; endorsing the abolition of poll taxes, legislatio­n making lynching a federal crime, and an end to segregatio­n in interstate transporta­tion; issuing executive orders banning segregatio­n in the armed forces and prohibitin­g discrimina­tion in federal agencies and federal contracts; and prodding his Justice Department to vigorously prosecute what are now called “hate crimes” and file amicus briefs in cases in which the government was not a party.

That said, “Unexampled Courage” is Judge Waring’s book. The author of a decision in Elmore v. Rice, outlawing all-white primaries, and an influentia­l dissent in Briggs v. Elliott, a school desegregat­ion case, Judge Waring endured social ostracism, impeachmen­t efforts, a cross burning in his backyard, gunshots fired into his home and death threats, without blinking or backing down. The willingnes­s of men like the judge to “stand up for the highest and noblest traditions of this nation,” Judge Gergel writes, was “what finally broke the hold of segregatio­nists.”

Sgt. Woodard died in 1992, remembered, if at all, as a victim. He had struggled financiall­y, living on a partial disability payment because the Veterans Adminstrat­ion had classified his blindness as nonservice related until the 1960s when Congress awarded full benefits to servicemen injured between the time of their discharge and their arrival home.

Judge Waring fared better. He moved to New York, returning to South Carolina only once before his death in 1968. Largely forgotten for decades, he returned to public awareness in 2011, when the South Carolina Supreme Court Historical Society sponsored a conference devoted to his civil rights decisions. Members of the Charleston bar then raised funds to erect a life-sized statue of him on the courthouse grounds. A year later, U.S. Sen. “Fritz” Hollings requested that his own name be removed from the courthouse and that it be renamed for Judge Waring, “who made history in it.”

“UNEXAMPLED COURAGE: THE BLINDING OF SGT. ISAAC WOODARD AND THE AWAKENING OF PRESIDENT HARRY S. TRUMAN AND JUDGE J. WATIES WARING”

By Richard Gergel Farrar, Straus and Giroux $27

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Richard Gergel

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