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Military & Veterans affairs Committee
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to the driver , “[ t ] he Army recently issued orders that there is to be no more racial segregation on any Army post . This is an Army bus operating on an Army post .” Tensions mounted . Captain Gerald Bear , the camp ’ s assistant provost marshal , took over the investigation . Robinson was transported to the captain ’ s office to be interviewed . More than a dozen individuals — enlisted Military Police ( MPs ), civilian witnesses , as well as four fellow officers , including Bear — would provide sworn statements as part of Bear ’ s investigation . All portrayed Robinson in a negative light .
Ultimately , four of the charges against Robinson were eliminated before final hearing . The remaining charges were purely military offenses involving interactions with Captain Bear . For his defense , 1st Lt . Robert Johnson and 2nd Lt . William Cline had very limited trial experience but presented a skilled legal defense that fully exposed the racist undercurrent of the arrest and the entire case against Robinson .
At the outset of crossexamination , the defense hoped to present Bear as out of control and argumentative . Bear was asked whether Robinson was “ under arrest ,” to which Bear replied , “ Yes .” The follow up question was : “ You wanted to make sure to send him where you wanted him to go , so you arrested him ?” Bear equivocated . “ Yes , we call it arrest in quarters .” Bear affirmed that Robinson had no choice but to leave with escorts . “ If busses had been available , would you have let him go back by himself ?” Bear replied that he would not have released Robinson on his own . The defense had triumphed : Bear placing Robinson under “ arrest in quarters ” was a needlessly heavy-handed action that was now in evidence .
Robinson took the stand in his defense and related crucial details . He testified that another soldier , Private Ben Mucklerath , had called him a “ n —–” while Robinson was sitting in the military police vehicle while awaiting transport . Robinson freely admitted under oath that he told Mucklerath that if he ever called him that again , “ he would break him in two .”
The stage was now set for the climactic moment of Robinson ’ s defense : the cross-examination of Private Mucklerath . During the prosecution ’ s questioning , Mucklerath testified that he had never used a racial epithet referring to Robinson . But then defense counsel asked him if he remembered Robinson saying that if he “ ever called him a n —– again he would break [ Mucklerath ] in two ?” He responded that he did indeed remember this . Counsel then asked him why Robinson would make such a statement if Mucklerath had not used this slur , as he had earlier testified . Mucklerath , of course , had no answer .
The defense next called Corporal Elwood , asking him only one question : “ Did [ Mucklerath ] ever ask you at any time if you had a n —– lieutenant in your car ?” Elwood answered straightforwardly : “ Yes , sir , he did at the bus station .” The defense rested its case , having exposed Mucklerath ’ s lie under oath . They demonstrated that Robinson ’ s frustration at headquarters was precipitated by a racial slur .
In his autobiography , Robinson remembered closing arguments this way : “ My lawyer [ Johnson ] summed up the case beautifully by telling the board that this was not a case involving any violation of the Articles of War , or even of military tradition , but simply a situation in which a few individuals sought to vent their bigotry on a Negro they considered ‘ uppity ’ because he had the audacity to exercise rights that belonged to him as an American and a Soldier .”
After four and a half hours of testimony , the court-martial tribunal acquitted Robinson on all charges . Soon thereafter , Robinson requested to be retired from the service . Weeks later , he received his honorable discharge “ by reason of physical disqualification ” due to a nagging foot injury . And so the future Rookie of the Year and Hall of Famer was physically disqualified from the Army prior to his professional sports debut .
When Robinson ’ s reputation , career , and freedom were on the line at his court-martial , the military legal system gave him the full opportunity to clear his name , by displaying precisely the strength of character that made him an historic civil rights figure . n
Author : Jonah Dickstein – Dickstein Law
Note : Mr . Dickstein thanks attorneys Alexandra Srsic and Joshua Monteiro for essential assistance editing this article . j a n - f e b 2 0 2 2 | H C b a L a W Y e R
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