Fort Lawton Riot
Encyclopedia

The largest and longest U.S. Army court-martial of World War II took place at Seattle's Fort Lawton
Fort Lawton
Fort Lawton is a United States Army fort located in the Magnolia neighborhood of Seattle, Washington. The fort was included in the 2005 Base Realignment and Closure list.-History:...

. 43 U.S. soldiers, all of them African-American, were charged with rioting; three were also charged with the lynching death of an Italian prisoner of war named Guglielmo Olivotto.Some resources (including ) spell his name Guglieamo Olivotto. A 2005 book, On American Soil, helped to convince the U.S. Army Board for Correction of Military Records that prosecutor Leon Jaworski
Leon Jaworski
Leonidas "Leon" Jaworski was the second Special Prosecutor during the Watergate Scandal...

 had committed "egregious error," and that all convictions should be reversed. President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 signed legislation allowing the Army to disburse back pay to the defendants or their survivors.

Riot

The night of August 14, 1944, an African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...

 port company at Fort Lawton
Fort Lawton
Fort Lawton is a United States Army fort located in the Magnolia neighborhood of Seattle, Washington. The fort was included in the 2005 Base Realignment and Closure list.-History:...

, Seattle was under orders to ship out to the war zone the next morning. Just after 11 p.m, an intoxicated black soldier and his three companions crossed paths with three Italians
Italian people
The Italian people are an ethnic group that share a common Italian culture, ancestry and speak the Italian language as a mother tongue. Within Italy, Italians are defined by citizenship, regardless of ancestry or country of residence , and are distinguished from people...

, who may have also been drinking. Words were exchanged, the black soldier rushed forward, and with one punch, an Italian knocked the American out cold.

The Italians retreated to adjacent barracks, but the call went out about the confrontation. A number of black soldiers, including Pvt. Samuel Snow, ran after the Italians, wielding boards from a fence that they broke down. The Italians who were in their bunks for the night heard rocks and bricks being thrown against their windows in their dark quarters, assumed they were being attacked and began running, some jumping out of windows. In the melee, both Italians and United States soldiers were injured. Hearing the commotion, and responding to a 'whistle' calling them to defend their fellow soldiers, dozens of black soldiers came out of their barracks. A rumor
Rumor
A rumor or rumour is often viewed as "an unverified account or explanation of events circulating from person to person and pertaining to an object, event, or issue in public concern" However, a review of the research on rumor conducted by Pendleton in 1998 found that research across sociology,...

 began that one American was dead. (This was untrue.) Assuming they were being attacked, dozens of black soldiers headed into the Italian area, armed with rocks, fence posts and a couple of knives.

Private Clyde Lomax, a Caucasian
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...

 member of the Military Police Corps, was responsible for patrolling the area known as the "Colored Area," and was on the scene almost immediately. He loaded the most severely injured American into his jeep, but delayed transporting him to the hospital. Lomax also failed to request back up from fellow military policemen or to notify the chain of command of the severity of the situation.

More than forty minutes passed before a contingent of military policemen arrived. By then, dozens were injured. The most seriously injured, all Italian prisoners-of-war, were transported to hospitals where one Italian spent 16 months recovering from his injuries.

The military policemen restored order, but chose not to take anyone into custody. Later, they claimed it had been too dark to identify any of the participants in the riot. After bringing the injured American to the post's most remote hospital, Lomax disappeared for at least two hours.

At 5:00 the next morning, Lomax, accompanied by a black military policeman, drove his jeep to a distant gully at the base of the fort's Magnolia Bluffs. They discovered the body of Guglielmo Olivotto, hanging from a noose on the obstacle course.

Investigation

By sunset on the day Olivotto's body was discovered, Fort Lawton commanding officer
Commanding officer
The commanding officer is the officer in command of a military unit. Typically, the commanding officer has ultimate authority over the unit, and is usually given wide latitude to run the unit as he sees fit, within the bounds of military law...

 Colonel
Colonel (United States)
In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...

 Harry Branson (1890–1963) had ordered all evidence destroyed. No fingerprints were secured, no footprints saved, no weapons properly catalogued. When Branson tried to ship the black soldiers to San Francisco that same day, he was countermanded after a subordinate reported his attempt to the Pentagon
The Pentagon
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington County, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.Designed by the American architect...

.

The riot and lynching was front page news in Seattle, and became a major story across the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. The United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

 sent its best young prosecutor, Leon Jaworski
Leon Jaworski
Leonidas "Leon" Jaworski was the second Special Prosecutor during the Watergate Scandal...

 (1905–1982) of Houston, to conduct a two-month investigation. (Jaworski would eventually distinguish himself as one of the best-known American lawyers in the 20th century, culminating in his appointment as special prosecutor
Special prosecutor
A special prosecutor generally is a lawyer from outside the government appointed by an attorney general or, in the United States, by Congress to investigate a government official for misconduct while in office. A reasoning for such an appointment is that the governmental branch or agency may have...

 in the investigation of the Watergate scandal
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...

 and the winning litigant in United States v. Nixon
United States v. Nixon
United States v. Nixon, , was a landmark United States Supreme Court decision. It was a unanimous 8-0 ruling involving President Richard Nixon and was important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any U.S. president.Chief Justice...

.)

During weeks of interrogations, Jaworski's investigators offered immunity to several soldiers who would agree to testify. Most refused, including Samuel Snow and Roy Montgomery. Five black soldiers agreed, however, to testify for the prosecution in exchange for immunity. Six decades later, all five were said to have had unrelated grudges against many of the men they accused.

Most Italian prisoners-of-war were unable to identify a single black soldier, citing the darkness and confusion. Two, however, offered confident identifications of dozens of the Americans and those two became Jaworski's main witnesses. Decades later, both were shown to have been identified previously as unreliable security risks by officers of the Military Intelligence Corps
Military Intelligence Corps (United States Army)
In the United States Armed Forces, Military Intelligence refers specifically to the intelligence components of the United States Army...

.

As reports of the riot and lynching reached the Pentagon, General Elliot Cooke (1891–1961) was sent to Seattle, charged with determining who, if anyone, had failed to prevent the riot and lynching. Cooke did his investigation before Jaworski had arrived. Cooke was not responsible for helping Jaworski with the criminal investigation, but Jaworski was given access to all of Cooke's interrogations and conclusions.

In a classified report to Virgil L. Peterson, the Inspector General
Inspector General
An Inspector General is an investigative official in a civil or military organization. The plural of the term is Inspectors General.-Bangladesh:...

, Cooke concluded that the Fort Lawton commander had botched the initial criminal investigation, and recommended Branson's demotion and/or reassignment. He characterized Lomax a "coward", and ordered that he be court-martialed for abandoning his post during the riot and lynching.

Defense

After weeks of investigation, Jaworski decided to charge 43 soldiers, all of them African American, with rioting, a crime with a maximum penalty of life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

. Three of the men — Luther Larkin (1921–1948), Arthur Hurks (1921–1991) and William Jones (1924–1992) — were also charged with first-degree murder, and faced a possible death sentence
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...

. It was the largest number of defendants in a single United States Army trial during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

.

The defendants were provided just two lawyers among them, who were given just ten days to prepare their cases. The lead defense attorney, William Beeks (1906–1988), later became a federal judge. He was assisted by Howard Noyd, a former football player from Iowa.

Without much time, defense lawyers decided to focus most of their energy on trying to keep the soldiers from the gallows.

Trial

The nine-member court-martial
Courts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...

, all caucasian officers, convened on November 16, 1944. Trial was held six days a week and all day on Thanksgiving
Thanksgiving (United States)
Thanksgiving, or Thanksgiving Day, is a holiday celebrated in the United States on the fourth Thursday in November. It has officially been an annual tradition since 1863, when, during the Civil War, President Abraham Lincoln proclaimed a national day of thanksgiving to be celebrated on Thursday,...

.

On December 8, 1944, Beeks discovered for the first time that Jaworski had gained access to General Cooke's lengthy confidential report. Citing concerns about wartime security, Jaworski repeatedly refused to give the report to the defense, despite a prosecutorial obligation to do so, and the court refused to intervene. Beeks never learned about Cooke's criticism of Branson, Lomax and others, information which would likely have discredited most of Jaworski's main witnesses. Jaworski even called Lomax to testify against the black soldiers.

Verdicts

After five weeks — the longest United States Army court-martial of World War II — the court found 28 of the defendants guilty of rioting, and two — Luther Larkin and William Jones — guilty of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

. Sentences ranged from six months to 25 years at penal labour
Penal labour
Penal labour is a form of unfree labour in which prisoners perform work, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence which involve penal labour include penal servitude and imprisonment with hard labour...

. All but one defendant were issued dishonorable discharges
Military discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve.-United States:Discharge or separation should not be confused with retirement; career U.S...

 at the completion of their prison sentences.

Because it was a capital case, an automatic appeal was sent to the U.S. Army's Board of Review. The appeals were rejected without elaboration.

During 1945, at the end of World War II, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 Harry Truman was eager to establish a reputation of being helpful to veteran
Veteran
A veteran is a person who has had long service or experience in a particular occupation or field; " A veteran of ..."...

s. Because so many servicemen were in jail, he began issuing annual "Christmas clemencies
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...

", reducing the sentences of thousands of soldiers, including the Fort Lawton defendants. By 1949, the last Fort Lawton defendant left prison, although it remains a mystery why Luther Larkin and William Jones were released long before the term of their remaining sentences.

Investigative journalism

In 1986, journalist Jack Hamann found Guglielmo Olivotto's headstone in the Fort Lawton cemetery. After months of research, most of it relying on secondary sources, Hamann produced an Emmy Award winning one-hour special program for Seattle's NBC
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...

 affiliate, KING-TV
KING-TV
KING-TV, virtual channel 5, is a television station in Seattle, Washington, affiliated with the NBC network. Owned by Belo Corporation, it broadcasts on UHF digital channel 48. Its offices and broadcasting center are located just east of Seattle Center...

. The program raised some questions about the prosecution, but did not offer any substantial evidence to refute Jaworski's case.

During 2001, Hamann and his wife, Leslie Hamann, began a four-year effort to locate primary sources, including documents and witnesses. During several weeks of research at the National Archives in College Park, Maryland
College Park, Maryland
College Park is a city in Prince George's County, Maryland, USA. The population was 30,413 at the 2010 census. It is best known as the home of the University of Maryland, College Park, and since 1994 the city has also been home to the "Archives II" facility of the U.S...

, the Hamanns came across General Cooke's newly-declassified report. The revelations in that report became the basis for their book, On American Soil: How Justice Became a Casualty of World War II. In 2006, Investigative Reporters and Editors
Investigative Reporters and Editors
Investigative Reporters and Editors, Inc. is a nonprofit organization that focuses on the quality of investigative reporting. Formed in 1975, it presents the IRE Awards and holds conferences and training classes for journalists. Its headquarters is in Columbia, Missouri, at the University of...

, Inc. (IRE) named On American Soil the nation's best investigative book of the year.

U.S. Congress

On July 1, 2005, U.S. Rep Jim McDermott
Jim McDermott
James Adelbert "Jim" McDermott is the U.S. Representative for , serving since 1989. He is a member of the Democratic Party. The 7th District includes most of Seattle and Vashon Island, and portions of Shoreline, Lake Forest Park, Tukwila, SeaTac, and Burien.He serves on the House Ways and Means...

 (D-WA) introduced HR 3174, a bill demanding that the United States Army reopen the Fort Lawton case, based on the allegations made by On American Soil. The bill, with dozens of co-sponsors, remained in the House Armed Services Committee until the chairman of that committee, U.S. Rep. Duncan Hunter
Duncan Hunter
Duncan Lee Hunter is an American politician. He was a Republican member of the House of Representatives from California's 52nd, 45th and 42nd districts from 1981 to 2009....

 (R-CA) received a letter from constituent Julianna Hamann, mother of author Jack Hamann. After committee staff vetted the book, Rep. McDermott and Rep. Hunter agreed on June 8, 2006, to exercise a Congressional privilege allowing them to insist that the U.S. Army Board for Correction of Military Records (ABCMR) review the convictions.

U.S. Army Board for Correction of Military Records

On October 26, 2007, the ABCMR ruled unanimously that Leon Jaworski had committed "egregious error" in his prosecution of the Fort Lawton case, particularly by refusing to make the Cooke Report available to the defense. The board, calling the trial "fundamentally unfair", overturned the convictions and ordered that defendants be issued retroactive honorable discharges. In addition, the surviving defendants — or the estates of those who have since died — were deemed entitled to "all rights, privileges and property lost as a result of the convictions", including "all due pay and allowances".

$725 check

On November 29, 2007, Samuel Snow received a check for $725. An army spokesman explained that the Board's order was so unusual and sweeping that army regulations contained no provision for payment of interest in such cases. The small checks received by Snow and by the families of other Fort Lawton veterans resulted in stories about the supposed unfairness and inadequacy of the regulations.

On January 23, 2008, Rep. Jim McDermott
Jim McDermott
James Adelbert "Jim" McDermott is the U.S. Representative for , serving since 1989. He is a member of the Democratic Party. The 7th District includes most of Seattle and Vashon Island, and portions of Shoreline, Lake Forest Park, Tukwila, SeaTac, and Burien.He serves on the House Ways and Means...

 introduced HR 5130 in the House, authorizing the U.S. Army to pay interest on the Fort Lawton awards. Sen. Bill Nelson
Bill Nelson
Clarence William "Bill" Nelson is the senior United States Senator from the state of Florida and a member of the Democratic Party. He is a former U.S. Representative and former Treasurer and Insurance Commissioner of Florida...

 (D-FL) introduced companion bill S 2548 in the Senate. The bills were approved by the Armed Services Committees of both houses, and were supported by testimony from Secretary of the Army Pete Geren
Pete Geren
Preston M. "Pete" Geren, III served as the 20th United States Secretary of the Army from July 16, 2007 to September 16, 2009...

, who called Snow's small check "a travesty of justice."

Tribute

By the summer of 2008, the army had located two living defendants (Samuel Snow of Florida and Roy Montgomery of Illinois), plus the families of ten others who had since died. King County Executive Ron Sims
Ron Sims
Ronald Cordell Sims, , is currently the Deputy Secretary of the United States Department of Housing and Urban Development, having been confirmed by the Senate on May 6, 2009 and sworn in on May 8. He is also the former King County Executive...

 and Seattle Mayor Greg Nickels
Greg Nickels
Gregory J. "Greg" Nickels was the 51st mayor of Seattle, Washington. He took office on January 1, 2002 and was reelected to a second term in 2005. In August 2009, Nickels finished third in the primary election for Seattle mayor, failing to qualify for the November 2009 general election, and...

 organized a tribute to the Fort Lawton defendants and surviving families, featuring a dinner, a parade, a formal military ceremony and a Catholic mass honoring the memory of Guglielmo Olivotto. At the military ceremony, Assistant Army Secretary Ronald James offered a tribute, including an apology and the presentation of belated honorable discharges.

Death of Samuel Snow

During the morning of the Seattle military ceremony, Samuel Snow became ill. Hours later, his family brought his honorable discharge to his hospital bedside, where he held it to his chest and smiled broadly. That same evening, he died of heart failure, with his wife and son at his side.

Snow's death was worldwide news. His funeral in Leesburg, Fla., drew hundreds of mourners; he received a burial with full military honors.

Bill becomes law

On October 14, 2008, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 signed the Duncan Hunter National Defense Authorization Act for FY 2009. The bill included the legislation authorizing the army to add tens of thousands of dollars interest to the Fort Lawton veterans' awards.

See also

  • Port Chicago disaster
    Port Chicago disaster
    The Port Chicago disaster was a deadly munitions explosion that occurred on July 17, 1944, at the Port Chicago Naval Magazine in Port Chicago, California, United States. Munitions detonated while being loaded onto a cargo vessel bound for the Pacific Theater of Operations, killing 320 sailors and...

     — 1944 court-martial of 50 African-American Navy men for refusing unsafe munitions loading work following a deadly explosion.
  • Agana race riot
    Agana race riot
    The Agana race riot took place at Agana, Guam over the two nights of 24 December-25 December, 1944 during the War in the Pacific.It was one of the most serious incidents between African American military personnel and White enlisted men during the Second World War.-Background:In July 1944, the 3rd...

     — 1944 conflict between African-American sailors and white Marines.
  • George N. Crocker
    George N. Crocker
    George N. Crocker was a United States Army officer, author, lawyer and businessman.-Biography:...

    — part of the court-martial resulting from the riot.
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