Winning convictions in a brutal rape case
White describes one of the instances in which North Carolina's governor asked him to take leave from his responsibilities in the General Assembly to help with a troubling criminal case and comments on the state's jury system. The case in this instance was a horrific attack upon a young woman, and using evidence from one of her assailants, White secured convictions for four others. He deflects the suggestion that he was an effective prosecutor, but his skill at "figuring out what a human being will do under given circumstances" made him a frequent resource for the state's governors. One of the ways in which he applied this skill was in jury selection. White remarks on some of the changes about rules in that area and declares the system a good one.
Citing this Excerpt
Oral History Interview with Thomas Jackson White Jr., March 14, 1986. Interview C-0029-2. Southern Oral History Program Collection (#4007) in the Southern Oral History Program Collection, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill.
Full Text of the Excerpt
- PAMELA DEAN:
-
This is Pamela Dean. The date is March 14, 1986. I'm going to
be talking with former North Carolina State Senator Thomas J. White in
his office in Kinston. You had told me in previous interviews that on
some occasions a governor would call you in to ask you to assist the
prosecutor in some particularly complicated or delicate case. If you
could give us an illustration of that.
- THOMAS JACKSON WHITE, JR.:
-
As I have said, my law practice was largely civil, but the criminal law
has always fascinated me. In the early days of my law practice, like any
other young lawyer, I'd take anything that I could make an
honest nickel out of, so I had experience in criminal cases as well as
civil cases. And after I became a member of the General Assembly, once
in a while, very infrequently, there would be a case in which the
governor felt that the regularly assigned prosecutor had a job on his
hands in which he needed help. More often than not such cases involved
very atrocious crimes. I have been called on by more than one governor
to assist prosecutors in cases which were difficult and required a lot
of, maybe, special investigation and to just take a leave of absence
from the General Assembly for a week or more if necessary and help that
particular prosecutor in that particular case. That occurred only a very
few times.
For example (or to illustrate), there was one case in which a young white
man had taken his girl in his automobile and gone for a ride and after
awhile (this was at night) they stopped in a secluded wooded area and
did whatever young boys and young girls are wont to do in situations of
that sort. And all of a sudden, five black males
came to the car and snatched open the door on the driver's
side, took this young white man out of his car, took his car keys and
unlocked the trunk or boot of the car in which they deposited the young
white man. They put him in there and locked him up. Then the five black
males took the girl and while four of them, one at a time, held the
girl's arms and her legs, and the five of them raped her
until she was raped by all five of them. Of course, she had no way of
identifying these people. She didn't know them, had never
seen them before, and neither had the young white man, and he
didn't get much of a chance to see them as they locked him up
in the trunk of his car.
Well, the case was an important one and a very unusual one. The
prosecuting officer, in those days was what we now call the district
attorney; at that time we called him "the solicitor for the
state." He was the prosecuting officer. He felt that he needed
help and some help was assigned to him in the form of myself. The
governor asked me if I would undertake the burden of assisting the
solicitor or prosecuting attorney in the investigation and the trial of
this case. I agreed to do it.
I felt that I had agreed to perform an impossible task. I also felt a
duty to understand that task and give it the best effort of which I was
capable. The investigation was long, careful and tedious. With great
care we explored first all the "possibilities," if
any, that were open to us. We calculated as best we could the time
during which a thread of evidence might in some way appear, as for
example some chance remark by some one other than the five culprits
might be made. We had the aid of enforcement people
whose training we counted on, cautioning these to make as thorough and
quiet an investigation as possible.
We hoped that the pressure which sometimes arises from guilt or the
knowledge of it would eventually work in the state's favor.
And eventually it did. It appeared that one or more of the cuprits was a
son of a farm owner or of a tenant farmer. The crime occurred in a farm
section of the county. The father of one of the culprits evidently
concluded that the only sure way that he could help his son was for him
to convince his son that cooperation with the District
Attorney's office could result in his son's
receiving, in return for his help, possibly a lighter sentence or even
that by his cooperation his life might be spared. As a result of advice
from his father and those who were his father's friends, this
one culprit cooperated with the prosecution to the extent of identifying
and "involving" the other four of the guilty ones and
convictions resulted.
- PAMELA DEAN:
-
You like a good fight.
- THOMAS JACKSON WHITE, JR.:
-
Well, I've had a lot them and I've enjoyed some of
them. I had the tar beat out of me at times; those I did not enjoy as
much as those I won.
- PAMELA DEAN:
-
Well, you won more than you lost, I understand.
- THOMAS JACKSON WHITE, JR.:
-
I don't know about that, that's for others to say,
but I had a good time.
- PAMELA DEAN:
-
I think generally your reputation over the course of your entire career,
from what I understand, is that most people do say you won more than you
lost, that you were effective.
- THOMAS JACKSON WHITE, JR.:
-
Well, I've never tried to figure that out but I've
enjoyed the practice of law. If it's done on a proper basis
and you don't try to take shortcuts or surreptitious
advantages and that sort of thing, it's fine. It's
an exercise in skill, it's an exercise in figuring out what a
human being will do under given circumstances. It has always been very
interesting to me in selecting jurors for different kinds of cases.
- PAMELA DEAN:
-
That's a real art.
- THOMAS JACKSON WHITE, JR.:
-
Well, it is. I guess it's now more of a happenstance than it
used to be. When I first came to the bar, no one in any county in North
Carolina, was qualified to become a juror unless he was a resident
freeholder in the county. And this made a tremendous difference. In a
number of years after I came to the bar they abolished all the excuses
and they called doctors and lawyers and a whole lot of other folks that
nobody is going to have on a jury except in exceptional cases to serve.
They can be excused. I guess that's good. It gives a lot of
people who otherwise would not know that to serve on a jury is a
valuable public service, they would never know that unless they had the
experience of serving on a jury. To serve as a juror is one of the
highest services that anyone can render as a citizen. You take that much
time out of your life and you give it to the state and for a pittance.
Of course, they can't pay but so much. This varies from state
to state, and county to county sometimes. Anyway, the jury system is
about as good a system as has ever been devised, I think.