Saturday, January 7, 2023

Oregon Executes On Innocent Man Rather Than A Marine In 1945

 


Jan. 5, 1945, “I am innocent. It’s easier to convict a Negro than a white person. So long everybody,” these were the last words of Robert E. Lee Folkes. Oregon executed Folkes for the murder of Martha James, a white woman.

The murder happened on a train

On Saturday, January 23, 1943, Train No. 15 left Portland's Union Station heading to Los Angeles. Folkes was a cook, also aboard was 21-year-old Martha James from Norfolk, Virginia, who was following her husband, ENS Richard James—who had departed earlier in the day on a train for troops. Also on the train was a marine, Harold Wilson.

At 4:30 a.m. James’ screams awakened the other passengers in the sleeping cars. They heard her scream, "My God, he's killing me!" Passengers found the marine Wilson next to the body covered in blood, but he said he had heard Mrs. James scream, then found her with her throat cut, but saw a man running away so he gave chase. Wilson claimed that a “dark” man had fled the scene moments before, Wilson said he gave chase toward the rear of the train, running past the kitchen where Folkes worked. 

Between Eugene and Klamath Falls, Oregon detectives questioned passengers and crew but found no murder weapon and no physical evidence. There was no suggestion that Folkes or any Black man was a suspect. Other passengers claimed to have seen Wilson repeatedly climbing in and out of his bunk, directly above the victim's, behaving suspiciously before and after the murder. 

However, it seems that the marine’s claims to have seen a “dark” man outweighed these statements and even the blood on his own hands and clothes. In fact, Wilson's description of the events and suspect changed in his statements to the police several times. More pertinent to this case was the fact the Navy released Wilson from the brig for an alleged sexual assault the day before. His commanding officer found him to be an ongoing problem and was sending him to a combat unit, as happened often during the war.

So why Folkes?

Well, he was in fact considered a bit of a problem for the Southern Pacific Railroad. He was an active and vocal member of the Joint Council of Dining Car Employees, and his family were close friends with the union president William Pollard. During the 1942 labor negotiations, Southern Pacific security surveilled and intimidated workers including Folkes. Labor unions were considered an enemy by a lot of people during the war for threatening slowdowns, especially Black unions. On the night of the murder of Martha James Southern Pacific detectives stripped Folkes naked, shoved him into a men’s lavatory, and browbeat him all night, releasing him only for duty shifts. He was sleep deprived and disoriented when Los Angeles police detectives grabbed him off the train in Los Angeles and shuttled him between Central Jail and Police Headquarters for another twelve hours of interrogation, with no lawyers present.

When his mother and common-law wife and sister arrived at the central jail to see Folkes, they reported to his lawyer that there was bruising around his eyes and face and his speech slurred. Regardless LAPD telephoned Linn County District Attorney Harlow Weinrick, claiming that Folkes had “cracked.” For the railroad, this was an implied threat to other “Uppity Negro Unionizers,” which would help keep others in line. Also, the war department in 1942 needed someone besides their own marine to be the center of this case, the murder of a war bride by another soldier would have been bad press indeed.

California extradited Folkes to Oregon, where he was tried, convicted, and sentenced to death—all within three months. At trial, Weinrich introduced the so-called confessions. Folkes had denied his guilt in all statements that he acknowledged having made on the train ride south to Los Angeles and in one statement he supposedly made in LAPD custody. But in a second statement in Los Angeles, police said, he had “confessed,” although he was never given the opportunity to review that statement and never acknowledged having made it.

On appeal, the Oregon Supreme Court returned a five-to-two decision upholding the death sentence. The two dissenting justices questioned the integrity of interrogating officers; and Justice George Rossman, an expert on criminal procedure, argued that the “statements” contradicted sworn testimony from officers involved and should not have been allowed into evidence.

The Portland NAACP campaigned for Oregon Governor Earl Snell extend clemency to Folkes. They had organized both Black and White churches and the unions to help in this campaign; but Snell was under pressure from the War Department, police, and the governor of Virginia, who was in the same lodge as the victim’s father. In the end, Snell refused and stated, “I see evidence that convinces me beyond doubt of Robert E. Lee Folkes's guilt.”

On January 5, 1945, Folkes became the second Black man executed by the State of Oregon.


Sources:

https://www.gazettetimes.com/news/local/misplaced-guilt/article_35bff050-4f48-5aad-86bd-7b15ea0485e2.html

https://www.oregonencyclopedia.org/articles/conviction-of-robert-folkes/#.Y7ofJ3bMK3D

https://www.oregonlive.com/history/2021/08/oregons-murdered-war-bride-case-riveted-nation-in-1943-dubious-investigation-led-to-black-cooks-execution.html

https://offbeatoregon.com/1607b.war-bride-murder-3.399.html

https://www.newspapers.com/image/185511319/?terms=%22Robert%20E.%20Folkes%22


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