A Joyful Practice

Space and the Power of Hearing(s) (a special Black History note, w/a Tuesday link) February 8, 2023

Peace and ease to all during this “Season of Non-violence” and all other seasons!

This is a special post for Tuesday, February 7^th.  Please note that only the Tuesday evening practice references this profile. You can request a recording of the Tuesday practice via a comment below or (for a slightly faster reply) you can email me at myra (at) ajoyfulpractice.com.

WARNING: The following includes a recounting of the Scottsboro Boys trials. 

Post revised March 2024.

“It’s a bad habit we have: We tell the tale of the murder and not the murdered.” 

“I’ll also explain why my research has enraged so many people who claim to be experts in the Ripper case.”

“If you want to know how we got the Ripper story so wrong, what those mistakes tell us about ourselves, and why putting the record straight makes some people so very angry, join me, Hallie Rubenhold for Bad Women: The Ripper Retold.”

— quoted from the podcast trailer for Season 1of Bad Women: The Ripper Retold, hosted by Hallie Rubenhold

How we tell a story, especially a story about real life and real events, says a lot about how we feel about our circumstances. Same goes for what we read (if we are in the habit of reading for pleasure) and/or what other kinds of media we consume. On a certain level, it is all about escape. But, are we “escaping” because we need to decompress and give our brains a rest? Or are we “escaping” because we’re not satisfied with our lot in life? If it’s the latter, what would it take to be content, satisfied — happy even — with our lot?

These are the kinds of questions I pose during classes on February 7^th. They’re questions that serve as entryways into the practice of santoşā (“contentment”), which is the second niyama (“internal observation”) in the Yoga Philosophy. (Of course, for today, you can think of it as Number 7 in the philosophy’s list of ethics.) Answering the question requires turning inward and doing a little svādhyāya (“self study”), which is the fourth niyama. One way to turn inward and take a look at yourself is to reflect on what you would do and how you would feel in certain situations. Classically, it might be understood that such reflection would be done in the context of sacred text; however, it is also possible to simply put yourself in someone else’s shoes.

For example, would you be content, satisfied — happy even, if you were a girl born in “a little house on the prairie” — or, would you dream of something more? Would you stay on the prairie, unsatisfied, like “a hard luck woman” waiting for your man? Or, would you be like Laura Ingalls Wilder (b. 02/07/1867, in Pepin Country, Wisconsin) and make your dreams come true by writing about your experiences (and all the people you knew)? Even then, how many of your dreams would need to come true for you to be grateful and, therefore, satisfied?

Or, perhaps, like Sinclair Lewis (b. 02/07/1885, in Sauk Centre, Minnesota) you were born in a northern town with “one light blinking off and on.” Would you be content, satisfied — happy even — or, would you dream of something more? Would you be the one in the song who never does the things they thought they would and never knew they could leave? Or, would you be the one, like Mr. Lewis, who left for the big city, wrote about your experiences (and all the people you knew), and became what everyone’s talking about down on Main Street? Even then, would you be grateful (and, therefore, satisfied) or would you be like Carol Milford and want to change everything?

The thing is, there is nothing wrong with dreaming, hoping, and praying for change. There is nothing inherently wrong with wanting to improve your situation and/or the situations of others. Nor is there anything wrong with wanting to change injustice laws and breakdown systems of inequity. You could be a common man, a simple man, a sweet man born in Tornado Alley — like Troyal Garth Brooks (b. 02/07/1962, in Tulsa, Oklahoma) — and dream of sharing your storytelling gifts with the world. But would you be satisfied? Would you be “happy in this modern world? Or do you need more?” And when would the “more” be enough for you to be grateful and, therefore, satisfied?

Take a moment to consider being yourself in one of those other people’s circumstances. Then, let’s go a little deeper.

Click here to read my 2021 post about practicing santoşā on the 7^th.

On Monday, I referenced the daily contemplation elements offered by the Mahatma Gandhi Canadian Foundation for World Peace during this Season for Nonviolence. Remember, these are elements found in the teachings of both Mahatma Gandhi and the Reverend Dr. Martin Luther King Jr. The element for February 7^th is dreaming and it brings to mind the fact that MLK (as well as Gandhi) dreamed of better worlds, more just worlds, more equitable worlds. They were committed to practicing non-violence and passive resistance, but they were not satisfied. They were not content (with the social status quo). Nor should they have been. Some things, after all, are unacceptable.

To practice santoşā, however, we must accept what is (i.e., what exists as it exists in the moment — or as we understand it to exist). Acceptance, in this case, does not mean that we just casually throw our hands up and accept violence, injustice, and inequity as basic staples of life. Neither does it mean that we ignore what is happening around us. Instead, the practice requires us to be truthful about the situation, our roles in the situation, and what we can do to change the situation. The practice also requires us to proceed with clear-minded awareness of how we are connected to everything and everybody and to be dedicated and disciplined in our practice of non-violence and non-harming. Finally, the practice requires that we practice non-attachment; meaning that we do all we can do and then let go with a kind of trustful surrender. This is basically a summary of 9 of the 10 elements that make up the ethics of the Yoga Philosophy.

The elements that make up the corner stone of the Yoga Philosophy overlap commandments found in the Abrahamic religions, precepts found in Buddhism, and values found in philosophies and indigenous religions around the world. These are shared values that stretch back into eons and yet we still have problems… big problems — which means we still need leaders, thinkers, and speakers who can hear what is needed in the world and respond wisely, safely, and justly. Such a man was born in Alabama, during the period of violence that directly preceded the Civil Rights Movement in the United States. His life and his legacy are yet another illustration of a dreamer who was not satisfied, yet made choices for which we can all be grateful.

“Editorials expressed hope that through participation in war, black citizens would gain opportunities at home. Among the outrages that the Reporter chronicled were frequent lynchings across the South, a topic that led [Oscar William Adams, Sr.] to write, ‘It is a shame before the living God and man that we should continue to preach democracy and permit such autocracy and savagery within our own borders.’”

— quoted from Bhamwiki.com (citing Gordon, Tom (May 2, 2018) “Civil decency. Human honesty.” B-Metro

Born in Birmingham, Alabama on February 7, 1925, Oscar William Adams, Jr. was the oldest of two sons born to Oscar William Adams, Sr. and Ella Virginia Adams (née Eaton). His brother, Frank “Doc” Adams became a great jazz clarinetist, saxophonist and bandleader, who was inducted into the Alabama Jazz Hall of Fame. Meanwhile, Oscar, Jr. became the first African American member of Birmingham Bar Association (in 1966) and co-founded Birmingham’s first integrated law firm and its first African American law firm. He also litigated a variety of civil rights cases before becoming the first African American to serve on an Alabama appellate court and a well respected member of the Alabama Supreme Court.

Just like with the other dreamers born on this date, to understand the story of Judge Adams, we have to look back at the causes and conditions of his circumstances — which means going a little deeper into history. And, if we are going a little deeper into Alabama history that informed the dreams of the Adams brothers, we can start with their father, Oscar William Adams, Sr., a journalist and publisher who founded The Birmingham Reporter in 1906.

Unlike Black newspapers published in the North at the time, southern media outlets like The Birmingham Reporter had to tread carefully and be circumspect in it’s coverage of race-related news. To be too critical in opinion pieces or — in many cases — too honest about the facts of certain news stories, might mean that the newspaper, the journalists, and their families could be physically attacked. By all accounts, Oscar William Adams, Sr. had a real knack for creating layouts and crafting articles that told the whole story without explicitly telling the whole story. He couldn’t always tell his readers what happened, but he could show them. He could juxtapose articles about 9 Black kids being tried for rape with articles about almost twice as many white teenagers being exonerated before a trial. His readers had to perfect the skill of reading between the lines. It was like his readers understood the practice of focusing, concentrating, and meditating on the space between the ears and the process of hearing.

“In this state of withdrawal, ‘Great Disincarnation’ the mental coverings composed of rajas and tamas dwindle away and the light of sattwa is revealed.”

— quoted from How to Know God: The Yoga Aphorisms of Patanjali (3:42), translated and with commentary by Swami Prabhavananda and Christopher Isherwood

That aforementioned example is not random; it is one of the ways Oscar William Adams, Sr. covered the Scottsboro Boys, a group of nine African Americans teenagers (age 12 – 19 years old) who were accused of raping two white women on a train full of “hoboes.” Nowadays, people might think of hoboes, tramps, and bums as one and the same. During the Great Depression, however, people very clearly understood that a hobo was someone who was traveling in order to work (but didn’t have the means to pay for their travel). On March 25, 1931, a fight broke out (in Tennessee) on a Southbound train full of Black and white hobos, because a group of white teenagers declared the train “whites only.” Even though there were reportedly the same number of hoboes of each race on the train, the white teenagers ended up leaving the train. Defeated and angry, they told the local sheriff that they had been attacked by the Black teenagers. The sheriff — plus some local residents that he deputized — intercepted the train in Paint Rock, Alabama, and arrested the Black teenagers.

They also arrested two young white women (age 17 and 21 years old).

Now, if you know anything about “bad women,” you know that two unaccompanied white women traveling in the presence of men — especially Black men — didn’t have a lot of choices. They could be labeled as prostitutes — which, in this case (because they crossed state lines) would mean they had violated The White-Slave Traffic Act of 1910, also called the Mann Act, and could face lengthy prison terms. The other option was to say they were raped. Unlike most of the men, the two women knew each other and were actually traveling together. They decided (or, possibly the older one convinced the younger one) that it was in their best interest to say they were raped. A doctor was called in to examine them, but could find no signs of rape or trauma. It would later turn out that no one could truthfully confirm if the women and the teenagers were ever even in the same car. But, none of that mattered: it was 1931; the teenagers would go to court in Scottsboro, Alabama.

At the end of three speedy trials, all eight of the nine teenagers — including one who was almost blind and another who was so disabled that he could barely walk — were convicted and sentenced to death by all-white juries. The youngest of the nine was convicted, but his trial ended in a hung jury, because they couldn’t agree on the penalty: some wanted him to receive the death penalty, despite his age. All of the cases were appealed to the Alabama Supreme Court and then the Supreme Court of the United States (SCOTUS), which overturned the convictions and sent the cases back down to Alabama. A change of venue was granted and all nine headed to court in rural Decatur, Alabama in the Spring of 1933.

Despite the decision for the cases to be re-tried, all nine were under heavy guard and the eight previously sentenced to death were in prison garb. Despite arguments from the defense attorneys (Samuel Leibowitz and Joseph Brodsky, who had also served as second chair on the earlier trials), the trials again had all-white juries. Despite the fact that the youngest of the alleged victims recanted, the defendants were again convicted. The first of the nine was convicted despite the fact that many of the jurors knew he was innocent. But, Decatur was Klan country and the Ku Klux Klan made it very clear what they thought the outcome of the trials should be and what would happen to any juror who didn’t convict and recommend the death penalty. Judge James Edwin Horton set the verdict aside and indefinitely postponed the other trials. He did this, knowing it would end his political career. He also considered a change of venue, but, in the end, the first of the Scottsboro Boys faced his third trial in Decatur.

With a new judge, but no National Guard protection, the second set of retrials took place in Winter 1933. They resulted in two more convictions. Appeals to SCOTUS, in 1935, resulted in the convictions being overturned and the Scottsboro 9 were back in court. This time, however, there was one African American juror: Creed Conyers, the first Black person to serve on an Alabama grand jury since 1877. The newly elected Attorney General served as the prosecuting attorney and the trials lasted from January of 1936 until the summer of 1937. After spending over six years in prison (as adults on death row), the legal fate of the Scottsboro Boys was as follows:

• After 4 trials, Haywood Patterson (18 when arrested) was convicted and sentenced to 75 years in prison. This was the first time a Black man in Alabama had been convicted of raping a white woman and had not received the death penalty. He escaped in 1949; end up in Michigan; but then went back to prison on a different case in 1951.
• After 3 trials, Clarence Norris (19 when arrested) was convicted and given the death penalty. His sentence was commuted in 1938; he was paroled (and jumped parole) in 1946. He was pardoned in 1976.
• After 2 trials, Charlie Weems (19 when arrested) was convicted and sentenced to 105 years. He was paroled in 1943.
• After 2 trials, Andrew “Andy” Wright (19 when arrested) was convicted and sentenced to 99 years. He was paroled; violated his parole; and then was placed on parole again (in New York) in 1950.
• During his 2nd trial, Ozie Powell (16 when arrested) was shot by a sheriff and suffered brain damage. Somehow, he pleaded guilty to assaulting an officer and received 20 years. The initial rape charges were dropped as part of his plea agreement. He was paroled in 1946.
• After 2 trials, the final prosecutor declared Olin Montgomery (17 when arrested) “not guilty” and dropped all charges.
• After 2 trials, the final prosecutor declared Willie Roberson (16 when arrested) “not guilty” and dropped all charges.
• After 2 trials, Roy Wright (12 when arrested) was deemed “too young” to be convicted and all charges were dropped.
• After 2 trials, Eugene Williams (13 when arrested) was deemed “too young” to be convicted and all charges were dropped.

NOTE: The number of trials (noted above) does not count appeals or the fact that the defendants were often in the courtroom when others were being tried. Nor does it reflect the fact that sometimes jurors were swapped (like school kids moving between classrooms). Several of the aforementioned had additional legal issues, but I have not listed them all.

In 1938, the Governor of Alabama (Bibb Graves) made plans to pardon those who were imprisoned, but changed his mind because he didn’t like their attitude and the fact that they continued to declare themselves innocent. In 2013, 82 years after they were arrested, the state of Alabama issued posthumous pardons for Haywood Patterson, Charlie Weems, and Andy Wright.

“Remembering their sharp and pretty
Tunes for Sacco and Vanzetti,
I said:
Here too’s a cause divinely spun
For those whose eyes are on the sun,
Here in epitome
Is all disgrace
And epic wrong.
Like wine to brace
The minstrel heart, and blare it into song.

Surely, I said,
Now will the poets sing.
     But they have raised no cry.
     I wonder why.”

— quoted from the poem “Scottsboro, Too, Is, Worth Its Song” by Countee Cullen

The trials and tribulations of the Scottsboro Boys inspired a plethora of writers, including Langston Hughes (Scottsboro Limited), Harper Lee (To Kill A Mockingbird), Ellen Feldman (Scottsboro: A Novel), Richard Wright (Native Son), Allen Ginsberg (America), Countee Cullen (“Scottsboro, Too, Is, Worth Its Song”), Jean-Paul Sartre (The Respectful Prostitute [La Putain respectueuse]), Utpal Dutta (মানুষের অধিকারে [The Rights of Man]); as well as creators of the musicals The Scottsboro Boys and Direct from Death Row The Scottsboro Boys; musicians like Lead Belly (“The Scottsboro Boys”) and Rage Against the Machine (“Scottsboro, Too, Is, Worth Its Song”); and filmmakers and political cartoonists.

The events also, inevitably, shaped the thoughts and desires of Oscar William Adams, Jr. — who would have turned 6 years old shortly before the teenagers were arrested and his father started covering the story. He was 12 (the same age the youngest had been when arrested) when the final trials concluded and around 18 (the same age the first to be convicted was when arrested) when the first man was paroled. Can you imagine what it would have been like to grow up in the Birmingham at that time? Regardless of if you visualize yourself as you are, in that situation or if you see yourself as the junior Mr. Adams, can you imagine how this situation might have informed your opinions — of yourself, of people who look like you, as well as of people who don’t look like you? Can you imagine how this situation would have informed your dreams and your decisions about the world?

And, this is all without considering “The Talk.”

I can’t imagine any Black child being satisfied with these circumstances. I can’t imagine any Black kid being content with these circumstances. I can’t imagine any Black teenager not dreaming about a better world; a more just, equitable, and peaceful world.

“The black man does not wish to be the pet of the law. The more blacks become enmeshed in meaningful positions in our society, then the more that society will be come non-discriminatory. His goals and ideals will become identical with goals and ideals of the rest of society. To insist on special treatment, and demand and get integration in other aspects of society is to pursue inconsistent approaches. If a black man is allowed to go as far as his talents will carry him, he will not need special protection from the courts. If he is not, the courts will once again be asked for special protection.”

— quoted from the special concurrence opinion for Beck v. State, 396 So. 2d 645 (1980) by Alabama Supreme Court Justice Oscar W. Adams

We can never know what dreams he would have had and decisions he would have made if Oscar William Adams, Jr. had been someone else’s son and/or had experienced Birmingham in the mid-20th century through someone else’s circumstances. What we do know is that after he graduated from high school, Mr. Adams, Jr. attended two historically Black colleges and universities (HBCUs): Talladega College, Alabama’s oldest private HBCU, where he earned a degree in philosophy (1944) and Howard University, where he earned a law degree (1947). We also know that he came back to Alabama to practice.

Soon after he graduated, Mr. Adams, Jr. was admitted to the Alabama State Bar and opened up his own private practice, where he specialized in civil rights cases. He worked very closely with the Reverend Fred Shuttlesworth, founder of the Alabama Christian Movement for Human Rights (ACMHR) and co-founder of the Southern Christian Leadership Conference (SCLC), which was instrumental in organizing the Selma-to-Montgomery marches in 1965. He became the first African American member of Birmingham Bar Association (1966) and, in 1967, he and Harvey Burg co-founded the first integrated law firm in Alabama. Two years later, in 1969, he co-founded Birmingham’s first African American law firm with James Baker, an Ivy League lawyer from Philadelphia. The firm became known as Adams, Baker & Clemon, when the original partners were joined by U.W. Clemon, who would become a lot of notable firsts (including Alabama’s first African American federal judge).

Throughout his career as an attorney in private practice, Oscar William Adams, Jr. litigated various kinds of cases on behalf of Martin Luther King Jr. and the National Association for the Advancement of Colored People (NAACP), as well as cases focused on school desegregation (e.g., Armstrong v. Board of Education of City of Birmingham, Ala., 220 F. Supp. 217 (N.D. Ala. 1963)); discrimination cases (e.g., Terry v. Elmwood Cemetery, 307 F. Supp. 369 (N.D. Ala. 1969) and Pettway v. AMERICAN CAST IRON PIPE COMPANY, 332 F. Supp. 811 (N.D. Ala. 1970)); and voting rights cases.

He became the first African American to serve on an Alabama appellate court on October 10, 1980, when an Alabama Supreme Court justice retired due to health issues. Eleven days before he was sworn in, the court heard arguments for Beck v. State, 396 So. 2d 645 (1980), a case about the death penalty and how it was applied. The court’s decision would include a history of the death penalty in Alabama and highlight a period of injustices. However, the court’s statement that “during part of Alabama’s history, [what offenses authorized the imposition of death] reflected the interaction and relative position of the races, especially during the period prior to the Civil War, when slaves and free Negroes were admittedly singled out for special treatment insofar as capital punishment was concerned. Nevertheless, with that one exception…” made it sound as if the death penalty was rarely applied to innocent people purely based on their race — completely negating the fact that (in their lifetimes) it had been thusly applied multiple times. Mr. Adams, Jr. was sworn in on December 17^th, listened to a recording of the argument and, two days later, wrote a special concurrence. It was his first official statement from the bench.

“In the early seventies, blacks argued for bifurcated jury trials, and this Court today has mandated such for the State of Alabama. In the seventies, blacks asked that sentences for rape and other offenses be not discriminatorily and freakishly imposed.”

— quoted from the special concurrence opinion for Beck v. State, 396 So. 2d 645 (1980) by Alabama Supreme Court Justice Oscar W. Adams

After completing the remaining two years of the unexpired term he had assumed, he decided to run for the office. The largest bar associations endorsed him, rather than his white counterparts, and in 1982, he became the first African American to be elected (by popular vote) to a statewide constitutional office in Alabama. He served on the Alabama Supreme Court until October 31, 1994, when retired from the bench. After his retirement from being behind the bench, he returned to the front: working with the Birmingham law firm of White, Dunn & Booker (now White, Arnold & Dowd). He also served as co-chairman of the Second Citizens’ Conference on Judicial Elections and Campaigns.

Oscar William Adams Jr. was replaced with the state’s second African American Supreme Court Justice, Ralph D. Cook. It would make for a great story if, in the intervening years — between 1980 and 1994 and between 1994 and today — more African American lawyers had become judges who became justices in the state of Alabama. That would be super satisfying.

Unfortunately, I can’t truthfully tell that story.

Associate Justice Cook retired from the bench in 2001. John H. England Jr served as a justice on the  Alabama Supreme Court justice from 1999 until 2001. (His son, John H. England, III is one of a handful of African American judges serving in Alabama’s federal courts.) According to the Brennan Center for Justice’s 2022 update, Alabama is currently one of 28 states with no Black justices. Furthermore, it is one of six states where Black residents make up at least 10% of the population. Specifically, 35% of Alabama’s population is classified as people of color and 27% of the total population identifies as Black. Yet, all nine of the Supreme Court justices, all five members of the Court of Criminal Appeals, and all five of the Court of Civil Appeals are white.

Quite often, when statistics like these are presented, some people will say representation doesn’t matter as much as education and experience. Well, I am just grateful that more and more people are getting the education and the experience that puts them in the pipeline. That appreciation for the way things are changing is part of the practice of santoşā. If you ask me if I am actually satisfied and content to wait, I can honestly say that I have no choice; because I can’t (directly) do anything about it. And that acceptance (and awareness of what is and is not in my control) is the non-attachment part of the practice.

Of course, the next logical question is: Well, when will you be satisfied? When will you be content? When posed with a similar question, SCOTUS associate justice Ruth Bader Ginsberg had a pretty succinct answer. I’m not sure if it would be my answer; but it is worth considering what the country would be like — what the world would be like — if the tables turned.

“Supreme Court Justice Ruth Bader Ginsburg famously said, ‘I’m sometimes asked, “When will there be enough [women on the Supreme Court]?” And I say when there are nine. People are shocked. But there’d been nine men, and nobody’s ever raised a question about that.’ 

Asking, ‘How diverse is diverse enough?’ still represents a tick–the–box mentality rather than embracing the types of cultural, innovation, and bottom–line changes we have described here. When organizations start to embrace the breakthrough diversity can represent, we can move beyond thinking about quotas and targets. The real change we are talking about takes us far past ‘the one/the few’ to as many hires as it takes to create a culture of belonging and move our sector into the future.”

— quoted from “What Is Diverse Enough” in “Chapter 4. A Clear Case” of Creating Cultures of Belonging: Cultivating Organization where Women and Men Thrive by Beth Birmingham and Eeva Sallinen Simard (forward by Myal Greene and Emily Sarmiento)

PRACTICE NOTES: I don’t necessarily have a standard sequence for a February 7^th practice, but it is a practice that leans towards having a fair amount of balance. Sometimes, after completing a portion of the practice, I pose the questions, “Would you be satisfied if this was the end of the practice? Would you grateful (if you got what you needed), or would you still be wishing, hoping, praying for what you wanted? What would cause you to be more grateful and, therefore, more joyful?”

Every once in a while, I’ll even throw in a tolāsana (scale pose).

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