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</font><font face="Verdana" size=3 color="#111111"><b>Ruchell Cinque
Magee and the August 7th Courthouse Slave Rebellion<br>
By Kiilu Nyasha<br><br>
</b>“Slavery 400 years ago, slavery today, it’s the same but with a new
name”.-- Ruchell Cinque Magee<br><br>
I first met Ruchell Cinque Magee in the holding cell of the Marin County
courthouse in the Summer of 1971. I found him to be soft-spoken, warm and
a gentleman in typically Southern tradition. We’ve been in correspondence
pretty much ever since.<br><br>
I had just returned to California from New Haven, Connecticut, where I
had worked as an organizer and a member of the legal defense team of
three Black Panthers, including Party Chairman Bobby Seale, on trial for
murder and conspiracy. The second trial resulted in a true people’s
victory, May 24, 1971. We had kept the New Haven courtroom jam-packed
throughout the joint trial of Seale and Ericka Huggins that resulted in a
hung jury. But the obviously racist judge had to dismiss it due to the
enormous publicity and state expense incurred due to huge crowds and
tight security.<br><br>
In my correspondence with George Jackson, author of the bestseller,
<b>Soledad Brother: The Prison Letters of George Jackson</b>, he had
advised me to seek a press card in order to visit him at San Quentin. In
so doing, I wound up working for The Sun Reporter, a local Black
newspaper (byline Pat Gallyot), and covering the pretrial hearings of
Angela Davis and Magee.<br>
Already familiar with courtroom injustice, racism and bias against Black
defendants witnessed in two capital trials, it didn’t come as a surprise
that Ruchell was getting a raw deal in the Marin Courtroom where he was
frequently removed for outbursts of sheer frustration.<br><br>
By 1971, Ruchell was an astute jailhouse lawyer. He was responsible for
the release and protection of a myriad of prisoners benefiting from his
extensive knowledge of law, which he used to prepare writs, appeals and
lawsuits for himself and many others behind walls.<br><br>
Now Ruchell was fighting for all he was worth for the right to represent
himself against charges of murder, conspiracy to murder, kidnap, and
conspiracy to aid the escape of state prisoners.<br><br>
Although critically wounded on August 7, 1970, Magee was the sole
survivor among the four brave Black men who conducted the courthouse
slave rebellion, leaving him to be charged with everything they could
throw at him.<br><br>
“All right gentlemen, hold it right there.we’re taking over!” Armed to
the teeth, Jonathan Jackson, 17, George’s, younger brother, had raided
the Marin Courtroom and tossed guns to prisoners William Christmas and
James McClain, who in turn invited Ruchell to join them. Ru seized the
hour spontaneously as they attempted to escape by taking a judge,
assistant district attorney and three jurors as hostages in that
audacious move to expose to the public the brutally racist prison
conditions and free the Soledad Brothers (John Clutchette, Fleeta Drumgo,
and George Jackson).<br><br>
McClain was on trial for assaulting a guard in the wake of Black prisoner
Fred Billingsley’s murder by prison officials in San Quentin in February,
1970. With only four months before a parole hearing, Magee had appeared
in the courtroom to testify for McClain.<br><br>
The four revolutionaries successfully commandeered the group to the
waiting van and were about to pull out of the parking lot when Marin
County Police and San Quentin guards opened fire. When the shooting
stopped, Judge Harold Haley, Jackson, Christmas, and McClain lay dead;
Magee was unconscious (See photo)and seriously wounded as was the
prosecutor. A juror suffered a minor injury.<br><br>
In a chain of events leading to August 7, on January 13, 1970, a month
before the Billingsley slaughter, a tower guard at Soledad State Prison
had shot and killed three Black captives on the yard, leaving them
unattended to bleed to death: Cleveland Edwards, “Sweet Jugs” Miller, and
the venerable revolutionary leader, W. L. Nolen, all active resisters in
the Black Liberation Movement behind the walls. Others included George
Jackson, Jeffrey Gauldin (Khatari), Hugo L.A. Pinell (Yogi Bear), Steve
Simmons (Kumasi), Howard Tole, and the late Warren Wells.<br><br>
After the common verdict of “justifiable homicide” was returned and the
killer guard exonerated at Soledad, another white-racist guard was beaten
and thrown from a tier to his death. Three prisoners, Fleeta Drumgo, John
Clutchette, and Jackson were charged with his murder precipitating the
case of The Soledad Brothers and a campaign to free them led by college
professor and avowed Communist, Angela Davis, and Jonathan
Jackson.<br><br>
Magee had already spent at least seven years studying law and deluging
the courts with petitions and lawsuits to contest his own illegal
conviction in two fraudulent trials. As he put it, the judicial system
“used fraud to hide fraud” in his second case after the first conviction
was overturned on an appeal based on a falsified transcript. His
strategy, therefore, centered on proving that he was a slave, denied his
constitutional rights and held involuntarily. Therefore, he had the legal
right to escape slavery as established in the case of the African slave,
Cinque, who had escaped the slave ship, Armistad, and won freedom in a
Connecticut trial. Thus, Magee had to first prove he’d been illegally and
unjustly incarcerated for over seven years. He also wanted the case moved
to the Federal Courts and the right to represent himself.<br><br>
Moreover, Magee wanted to conduct a trial that would bring to light the
racist and brutal oppression of Black prisoners throughout the State. “My
fight is to expose the entire system, judicial and prison system, a
system of slavery.. This will cause benefit not just to myself but to all
those who at this time are being criminally oppressed or enslaved by this
system.”<br><br>
On the other hand, Angela Davis, his co-defendant, charged with buying
the guns used in the raid, conspiracy, etc., was innocent of any
wrongdoing because the gun purchases were perfectly legal and she was not
part of the original plan. Davis’ lawyers wanted an expedient trial to
prove her innocence on trumped up charges. This conflict in strategy
resulted in the trials being separated. Davis was acquitted of all
charges and released in June of 1972.<br><br>
Ruchell fought on alone, losing much of the support attending the Davis
trial. After dismissing five attorneys and five judges, he won the right
to defend himself. The murder charges had been dropped, and Magee faced
two kidnap charges. He was ultimately convicted of PC 207, simple kidnap,
but the more serious charge of PC 209, kidnap for purposes of extortion,
resulted in a disputed verdict. According to one of the juror’s sworn
affidavit, the jury voted for acquittal on the PC 209 and Magee continues
to this day to challenge the denial and cover-up of that
acquittal.<br><br>
Ruchell is currently on the mainline of Corcoran State Prison doing his
46th year locked up in California gulags - many of those years spent in
solitary confinement under tortuous conditions! In spite of having
committed no physical assaults or murders. Is that not political?<br>
Write him at: Ruchell Magee # A92051, 3A2-131 Box 3471 , C.S.P. Corcoran,
CA 93212<br><br>
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