Law

Lane Street Project: the law.

Thirty years ago, the City of Wilson, via its council, city manager, and public works department, designed, approved, and implemented a plan to remove all standing headstones in Vick Cemetery and grade its surface. Those headstones were stored temporarily, then destroyed.

Here’s the law:

The City got away with this brazen and unlawful act and, recently, its representatives have deflected criticisms of the desecration of Vick with talk of good intentions, alleged community support for the plan, and let-bygones-be-bygones.

Last week, the City implemented another plan — whose details have not been made public — to address severe erosion of the drainage ditch that borders Vick. Contractors used excavators to “flatten” the top edge of the ditch bank. Though this area is in the modern public right of way, descendant testimony, limited ground-penetrating radar, and common sense attest that burials took place up to the edge of what was then an unpaved lane. Nonetheless, heavy machines cut into the surface of both Vick and Odd Fellows Cemeteries, exposing and damaging grave markers.

Let there be no ambiguity this time. Don’t let them — 30 years from now — shrug and say nobody said anything about the violence done to our dead. As descendants and kinfolk of men, women, and children buried in Vick and Odd Fellows Cemeteries, we decry the renewed abuse of these sacred spaces. We demand transparency and accountability concerning the decisions that led to this  grievous error. We demand empathy, care and compassion. And, again, we demand a ground-penetrating radar survey of the public right of way at Vick Cemetery.

 

Stanback gives McBrayer power of attorney.

Five days after entering State Prison on a bank fraud conviction, Henry S. Stanback gave lawyer Glenn S. McBrayer power of attorney to handle a deed of trust executed by Thomas and Victoria Coley.

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In the 1930 census of Crossroads township, Wilson County: farmer Thomas Coley, 55; wife Victoria, 44; daughters Mary, 15, Pennie, 13, and Sallie, 9; nephew Richard, 27, and niece Pauline, 21, both laborers; and lodger Tobie Durden, 75, laborer.

Wilson [County, North Carolina] Power of Attorney Records 1859-1961, http://www.familysearch.org.

Recommended reading, no. 23: In the Pines.

We’ve read of J.C. Farmer, shot to death by a posse in his mother’s yard in 1946. The official version of the altercation that led to Farmer’s murder has never sat right with me, and Hale’s searing work helps me understand my discomfort. In this award-winning work, Hale explores white supremacy, violence, (in)justice, and her own family’s role in the murder of an unarmed Black man in piney-woods Mississippi.

Julia Armstrong goes North for help.

The People’s Voice (New York, New York), 9 March 1946.

With Marie Everett battling imprisonment, Julia Armstrong went North for help. Direct from New York City’s Penn Station, she headed to the office of The People’s Voice, the Harlem newspaper founded in 1942 by Adam Clayton Powell Jr. She gave a literal blow-by-blow of the events at the Carolina Theatre and pled for funds to assist Everett. For her own part, Armstrong said she planned to sell her “tourist home” and move North after Everett was released. (Wilson, of course, is not “a few” miles from Tennessee.)

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In the 1940 census of Wilson, Wilson County: at 411 East Green, Hallie Armstrong, 48, pool room operator; wife Julia, 29; and lodgers Annie M. Brown, 39, of Mooresville, Iredell County, hospital nurse; Jeanett M. Lee, 24, of Mount Olive, Wayne County, hospital nurse; and Lawrence Peacock, 27, of High Point, sewer project laborer.

Hallie Armstrong died 18 June 1947 at his home in Farmville, Pitt County, N.C. Per his death certificate, he was 55 years old; was born in Halifax County, N.C., to John Armstrong and Marina Lark; was married to Julia Armstrong; operated a shoe repair shop; and was buried in Rest Haven Cemetery, Wilson.

However, in 1950, she was still in Wilson: in the 1950 census of Wilson, Wilson County: at 411 East Green, widow Julia Armstrong, 39, born in Kentucky, and lodgers Mary Rose, 29; Anne Everette, 2; Herbert Rose Jr., born in July; Edward Harris, 20, construction company bricklayer; McDonald Hayes, 33, electric power company laborer; Josephine Hayes, 28, cotton picker on farm; and Willie Mack Hayes, 15, cotton picker on farm.

Julia Miller Armstrong died 9 March 1964 in Jacksonville, Onslow County, N.C. Per her death certificate, she was born 14 September 1904 in South Carolina to John F. Miller and Bessie Scruggs; she did domestic work as a cook; and she was buried in Rest Haven Cemetery, Wilson.

Rats? No rent.

Los Angeles Evening Herald, 19 January 1928.

In January 1928, attorney Charles S. Darden went into court to defend himself against a suit filed by his landlord for non-payment of rent. Darden asserted that the Central Avenue office space was uninhabitable because it was overrun by rats. His attempts to combat them with a cat called Jack Dempsey had failed, and Darden and his stenographer Viola Lambert had abandoned the premises. The judge was not swayed and entered judgment for the plaintiff landlord.

Wilson County admits African Americans to jury duty.

The Black Dispatch (Oklahoma City, Okla.), 13 June 1935.

Of course, I went looking to find out what the Daily Times had to say about this.

Not a whole lot. On page 4 of the 4 June 1935 edition, halfway down a column headlined “Salary Increases Given to County Employees Today”:

Wilson Daily Times, 4 June 1935.

The lead case challenging the systematic exclusion of African-Americans from juries was Norris v. Alabama, 294 U.S. 587 (1935). Wilson County Attorney Harry G. Connor Jr.’s advice was terse and understated: “… it would be wise and safe[,] I might say wiser and safer, to put the names of several hundred negroes in the jury list. In doing this, care should be taken to get the best negroes in the county and not only that, I think it would be equally wise and safe to distribute them by townships as nearly as possible.”

The question, of course, is whether any of these “best negroes” made it onto juries.

No part of said premise may be conveyed unto any person of African descent.

As Wilson expanded west past Grabneck and other former African-American sections, deeds for lots and houses began to imbed restrictive covenants that, among other limitations, prohibited Black residents.

The language was standard:

(a) No part of said premises may be conveyed unto any person of African descent, nor any part thereof be occupied by any person of African descent other than such persons in the domestic employment of the owner. [In others words, onsite maids, cooks, yardmen, and drivers were fine.]

As shown in the referenced plat map below, this sale was for a large lot (#18) on Anderson Street between Moye Avenue and West End Avenue.

Plat Book 4, page 74, Wilson County Register of Deeds Office, Wilson.