Part 12: Jury Selection Begins with a Prosecution Misstep
Monday, September 19, 1955
Both the state and the defense took pains that the jury would consist entirely of “good people.” (A Case in Southern Justice: The Emmett Till Case, A Thesis, Florida State University, August, 1963, by Stephen Whitaker) However, it did not mean that this was a representative pool.
In Tallahatchie County, Mississippi, in 1955 no Blacks were registered to vote, and therefore no Blacks could serve on the jury. The pool of potential jurors was therefore limited to white men over the age of 21—representing only about 10% of the total population of the county. Some were eliminated for not meeting literacy or residency requirements, and some could claim exemptions by being over 60 or due to business responsibilities. This last group unfortunately included many of the most competent and level-headed citizens. (Whitaker, quoting statistics from the U.S. Census data of 1950, citing General Characteristics.)
From this depleted pool of potential jurors, the state aimed to find jurors who did not know the brothers. They requested a special venire to give the prosecution a chance to get half of the jurors from the east side of the county, far from the homes of the accused. (Whitaker, page 142). However, this most likely worked against the prosecution, as the “hill people” competed with Blacks for jobs and were not as likely to feel Blacks needed protection or special consideration.

The defense lawyers knew enough of the jurors personally to feel certain that the verdict would be “not guilty.” Sheriff-elect Harry Dogan, reported to know more people in the county than any other man, helped the defense pick which jurors were “doubtful” and which were “safe.” (Whitaker, page 145, based on an after-trial interview with J.J. Breland.)
The selection of the jury was important, although most people connected with the trial felt that there were no white men in the entire county who would have voted for conviction. All parties concerned—the judge, prosecuting attorneys, defense attorneys, the jury, and the accused—knew that a verdict of not guilty was certain. (Whitaker, page 147, based on interviews with all concerned after the trial)
The dean of the defense attorneys, J.J. Breland, was quoted as saying after the trial how critical jury selection had been:
“After the jury had been chosen, any first-year law student could have won the case.” (Whitaker, page 146, quoting an interview with Breland)
Despite the odds, prosecutors Chatham and Smith were set to do all they could in the hopes there was some outside possibility for a conviction. At the very least, a good showing would be made, and Mississippi could save some embarrassment.
Part 13: The Judge in the Till Trial

Curtis M. Swango was the presiding judge during the case. Although by accounts of both Black and white journalists, he conducted the trial in an even-handed way (Devery, Who’s Who in the Emmett Till Case), Judge Swango did seem to show favor to the defendants:
- The judge allowed the children of both Roy Bryant and J.W. Milam to run roughhouse during the proceedings and sit on their fathers’ laps. He also allowed the spouses to sit with their husbands—the women at times even rested their heads on their husbands’ shoulders. This was not normal courtroom protocol and likely helped give the impression that the defendants were good family men.
- At no time were the defendants required to be in handcuffs—either entering, leaving or inside the courthouse.
- Although Judge Swango dismissed the jury before Carolyn Bryant told her inflammatory version of that day in the Bryant Grocery store, the rest of the courtroom was not cleared—including spectators, reporters, and the defendants and their families. Ultimately, Judge Swango ruled her testimony inadmissible, but Carolyn Bryant’s version of the story was broadcasted by reporters and onlookers, no doubt reaching the ears of the jurors themselves.
- The judge also permitted defendants Bryant and Milam to be present in his private chamber when Willie Reed was summoned in as a potential witness. Bryant and Milam were already there, their feet propped up on the judge’s desk. Reed declined to sit as he recounted his story of seeing the truck and Milam at barn the morning of the murder, the defendants listening to every word. Judge Swango approved Reed as a witness. (The Barn, pgs 29-30)
- In addition, Judge Swango allowed the trial to take place very quickly after Emmett’s murder, as terms were coming to an end for Sheriff Strider and District Attorney Chatham in three months, and both did not wish to pass this chore onto newly elected officers. In addition, said Smith in an interview after, newspapers “would have roundly denounced a postponement.” (Whitaker, pgs. 147-148) Judge Swango set the trial date for September 19, 1955, the latest date possible, (Whitaker, page 131) but, because of the short time frame, this decision compromised the prosecution’s ability to gather evidence and witnesses. The prosecution had just two weeks since the indictment before the trial began. (Whitaker, pg 146)

Part 14: The Attorneys in the Case
For the prosecution:
- Gerald Chatham, District Attorney
- Robert B. Smith III, Special Assistant to the District Attorney
- Hamilton Caldwell, County Attorney
For the Defense:
- J. J. Breland, of Sumner, Mississippi (Head litigant)
- C. Sidney Carlton, of Sumner, Mississippi
- J. W. Kellum, of Sumner, Mississippi
- John W. Whitten, Jr., of Sumner, Mississippi
- Harvey Henderson, of Sumner, Mississippi
Prior to the “bad press” regarding Mississippi, Breland had supposedly turned down Roy Bryant, stating Bryant couldn’t afford him. Yet, after press became increasingly critical of the state and its people, and the southern way of life in general, five attorneys volunteered to defend Bryant and Milam free of charge. A grassroots fundraising effort took place, with mason jars on area business counters where residents could donate. Friends and neighbors raised nearly $10,000 for their defense fund, which is equivalent to $121, 368 in 2026. (Shocking the Conscience: A Reporter’s Account of the Civil Rights Movement, Simeon Booker, page 67) One of the questions that could get a potential jury member eliminated was if they answered “yes” to the question, “Did you donate money to the defense fund of the accused?”
Part 15: Moses and Mamie Bravely Testify for the Prosecution

Testifying for the Prosecution were Emmett’s Great-Uncle Moses Wright and Emmett’s mother, Mamie Till-Mobley. Moses Wright taking the stand was an unprecedented event. It was the first time in the history of the state that a black man had stood up in a courtroom and accused a white man of anything. (Simeon’s Story, page 75) Moses did not take this lightly. He knew it would put his life in danger. Neighbors tried to convince him not to testify, warning Moses he’d be killed. Medgar Evers encouraged him to testify, saying that the NAACP would do everything they could to protect him. In the end, Moses felt it his duty. He was resolved. As Moses said to his son Simeon, “I know one thing. I know I’m going to testify. Whether I live, I don’t know.” (Simeon Wright Oral History, Library of Congress, conducted by Joseph Mosnier in Chicago, May 23, 2011 at https://www.loc.gov/item/2015669109/)

As Moses recounted details of the night Milam and Bryant had taken Emmett from his home, Chief Prosecutor Chatham asked him to identify if the man with Roy Bryant was in the courtroom that day. Moses rose from the witness chair and pointed at J.W. Milam—a moment defiantly captured on film by Black photographer Ernest Withers and one of the most iconic images in the Civil Rights movement. Moses went on to identify Bryant. The defense attorneys, of course, tried to disparage his testimony, to imply that Moses actually didn’t see the men on his porch clearly and was therefore unable to truly identify them.
When Mamie took the stand, there was a palpable hush in the courtroom. She testified that she was certain the body in the original casket and on the examining table was that of her beloved son Emmett.
“I looked at the face very carefully. I looked at the ears, and the forehead, and also the hair; and I looked at the nose and the lips and the chin. I just looked at it all over very thoroughly. And I was able to find out that it was my boy. And I knew that it was my boy beyond a shadow of a doubt.” (Tragedy on Trial, page 147)

had this ring made when he was in the service. The Army sent it to Mamie after Louis’ death.
Mamie positively identified the ring found on Emmett’s body. She testified she had received a ring in the personal effects of Louis Till from the army after his death overseas. The ring was engraved with his initials, “L. T.”, with the date “May 25, 1943.” Mamie confirmed Emmett put the ring on his finger the morning he boarded the train to Mississippi. She identified family photos of Emmett and confirmed newspapers images of his dead body matched how he looked at the funeral home.
When it was the defense’s turn, Breland tried several lines of questioning to disparage her. Breland asked if she had been reading the Chicago Defender—a Black newspaper very critical of the handling of the Till case—after the incident and before the trial, which she confirmed. (Tragedy on Trial, pp 154-155) Perhaps this was to insinuate she was an outside agitator along with the NAACP. He questioned if she had prepared Emmett about how to behave when encountering white people, especially warning him against insulting white women. Mamie confirmed she’d spoken to Emmet several times about watching his behavior around all white people and answered “no” to Breland’s questioning if Emmett “was ever in trouble up in Chicago?” (Tragedy on Trial, pp 161-163 and page 152) Breland even went so far as to ask if she had a life insurance policy on Emmett, which she had two totaling about $400, with the implication that she was only interested in obtaining money. (Tragedy on Trial, pp 152-153)
Both Moses and Mamie had been steadfast under intense questioning. But the prosecution was not done. It had some additional “surprise” witnesses to bring before the court.
Part 16: “Surprise” Eye Witnesses to the Beating at the Barn
In an extraordinary effort, Theodore Roosevelt Mason (T. R. M.) Howard , a prominent black physician/surgeon, business owner and civil rights activist, Medgar Evers, the field captain for the NAACP in Mississippi, and Rudy Hurley, another field captain for the NAACP, and the Black press, had heard of several eye witnesses on the morning of the murder and were determined to find them. Disguised in sharecroppers’ clothing so as not to call attention to themselves, they went to the fields as Blacks worked, looking to find those witnesses, to ascertain what they had seen and heard, and to convince them to testify.

Source: Special Collections & Archives, Florida State University Libraries,
Tallahassee, Florida; https://tillapp.emmett-till.org/items/show/10
The first witness was Willie Reed. Reed had been out on an errand early on the morning of Sunday, August 28th. When passing by the Sheridan plantation, where Leslie Milam lived and worked as a plantation manager, Reed testified he saw a green and white truck pass with four white men in the cab, three colored men in the back and a colored boy sitting in the bottom of the truck (Tragedy on Trial, page 173). He said the boy favored the pictures in the paper of Emmett Till. (Tragedy on Trial, page 175) He saw the truck parked in front of the barn, and saw J.W. Milam leave the barn to go to the well for a drink of water, a pistol on his belt. Milam returned towards the barn. As Reed passed, he heard hollering coming from the barn, someone hollering “Oh” multiple times, and a whole lot of licks. (Tragedy on Trial, pp 178-179) He went to tell Amanda Bradley, and returned to the well to get a bucket of water. He then went on his way to the store. On his way back, the truck was gone. (Tragedy, page 180) Under cross-examination, Reed could not identify the men in the truck, but confirmed that the boy had been facing toward him and that he got a good look at his face—the boy he identified as Emmett Till.
Add Reed, Willie’s grandfather, testified to seeing a white pick-up truck parked around the building that morning, and seeing two men, one of whom was Leslie Milam. (Tragedy on Trial, pp 196-197) Amanda Bradley, looking out her window after being visited by Willie Reed, saw four white men coming in and out from around the barn, and saw “a tall, bald-headed man” get a drink at the well. She also saw men back up the truck to the barn and then drive away. (Tragedy on Trial, pp 200-201)

There were two additional witnesses the prosecution team tried to find—Levi “Too Tight” Collins and Henry Lee Loggins. The two Black men were believed to have been involved, holding Emmett down in the truck bed and perhaps even witnessing for actual murder. However, the two men had disappeared. It was only after the trial that rumors that they were being hidden by Sheriff Strider in another jail under false names proved to be true.

https://digitalcommons.memphis.edu/speccoll-mss-commercialappeal6/3
Also testifying for the prosecution were Leflore County Sheriff George Smith and Deputy Sheriff John Ed Cothran. Both testified as to Roy Brant and J.W. Milam admitting to the kidnapping of Emmett Till.
Sheriff Smith testified that on the afternoon of August 28 Roy Bryant had admitted to him that they went to get that [expective] boy from Moses Wright’s home to let his wife see him to identify him, and that she said it wasn’t the right one, and that they had turned him loose. (Tragedy on Trial, pp 99-101) With no other witnesses to the conversation, and the assumption that Bryant felt he was talking in confidence to “a friend” without the knowledge that Smith planned to arrest him, the Defense argued that the testimony was not admissible because Bryant hadn’t been notified of his rights. (The Miranda Rights, as we now know them, were not put into law until 1966.) Judge Swango allowed the testimony, as he said the witness was the Sheriff of Leflore County, and as such, it was his duty to investigate any and all crimes and alleged crimes. (Tragedy on Trial, page 108)
Cothran testified as to what he observed after the body was taken out of the river: two gashes above the left ear and a “little hole” above his right ear, and the fact that there had been a ring on the right hand of the deceased. Cothran also testified that in the Leflore County jail on Monday, August 29th, after he had arrested J.W. Milam but before any body was found, that Milam had admitted they had “carried the boy off” to Roy Bryant’s store, but claimed, after talking to Emmett, they had let him go. (Tragedy on Trial, pp 111-130) The defense claimed this “alleged admission” was not freely and voluntarily made, and that even if Milam had admitted to the kidnapping, he had not been properly advised of his rights. Judge Swango overruled the objection.
Part 17: Testifying for the Defense

in the office of Roy Bryant’s lawyer in 1955
(AP-from Washington Post https://www.washingtonpost.com/
obituaries/2023/04/27/carolyn-bryant-emmett-till-dies/)
Seven character witnesses—three for Milam and four for Bryant—testified to the good character and reputation of the defendants (Tragedy on Trial, page263), though District Attorney Chatham took the track that they would be willing to testify to anything to “help a friend.” Judge Swango upheld the defense’s objection when the prosecution asked one of the witnesses if it was true that Milam “had been charged and pleaded guilty on quite a number of charges.” Milam was known in the area for bootlegging, among other things. (Tragedy on Trial, page 263)
As mentioned in an earlier post, Tallahatchie County Sheriff Clarence Strider testified for the defense, casting doubt as to the race and identify of the body and denying that he had known the true identity of the body when filling out the death certificate in the name of Emmett Till. Strider also testified that, in his opinion, the body had been in the water 10 days—an assertion affirmed by both Dr. L.B. Otken, a physician, and by H.D. Malone, the funeral director where Emmett’s body was embalmed. At no time was Emmett’s body examined by a pathologist.

Part 18: Carolyn Bryant Tells Her Side of the Story
As is protocol in testimony that might not be deemed admissible in trial, the judge removed the jurors from the courtroom when Carolyn Bryant gave her account of the day when Emmett Till entered the Bryant Meat Market and Grocery. She testified that Emmett grabbed her hands, asked her on a date, and at one point grabbed her by the hips and said she needn’t be afraid because he had [expletive]ed white women before. This story line did not match Carolyn’s statement to the defense attorneys in their offices before the trial. This story was much more animated and implied Emmett had basically threatened to rape her.
Judge Swango did not admit Carolyn Bryant’s testimony into record and brought the jurors back without hearing her story. But the damage had been done. The jurors no doubt heard of Carolyn’s testimony from others in the courtroom and it helped further views that the killing of Emmett was somehow justified. There was also rumors that White Citizen’s Council members had visited jurors to be certain they voted “the right way.” (Innocence, page 199)
Part 19: The Prosecution Makes its Emotional Closing Arguments
Although the actual transcripts of closing arguments from both the prosecution and defense were either never recorded or were “lost,” Ronald K.L. Collins recreated the arguments from newspaper reports of the trial.
In his book, Tragedy on Trial, Collins summarizes the main closing arguments for the prosecution (Trial, pages 289-293):
Premeditated Crimes—Kidnapping and Murder: To demonstrate malice aforethought, Chatham recounted Bryant’s words to Moses Wright that fateful night: “Preacher, preacher. I want that boy from Chicago—that boy that did the talking in Money.” Chatham said that the crimes were calculated, and that the men tried to hide the crime by weighing down Emmett’s body and dumping him in the river.

The Accused Had a Duty to Protect a Minor, Not Inflict Murderous Punishment: Chatham admitted that it was common for a boy to be whipped for bad behavior in the south, but that “you deal with a child as a child—not as if he were a man.” The men‘s abduction of Emmett by gunpoint was nothing short of a “command of a summary court-martial with the death penalty.”
The Defendant’s Presence at the Scenes of the Crimes: Moses had identified Bryant and Milam as the men who had abducted Emmett from his home. Willie Reed saw Milam with a gun coming from and going back to the barn where Reed had heard someone being beaten and crying out for help. Reed saw a pick-up truck with white men up front and Black men in the bed. Amanda Bradley also testified to Milam’s presence at the well and that a truck had been backed up to the barn and had then disappeared.
The Body was Indeed Emmett’s—Therefore Establishing the Corpus Delicti: Chatham brought out three main arguments against the defense’s denial of the identity of the body: Mamie, his mother had identified Emmett’s body; Sheriff Strider offered conflicting statements and actions pre-trial versus during the trial (including naming Till on the death certificate and sending the body to a Black mortuary); and the “expert witness” testimony was not reliable.
What is Morally Right: Chatham was himself a southerner, and tapped into that heritage. Looking at the jury, he declared, “I am concerned with what is morally right or wrong. … To be concerned with anything else will be dangerous to the precepts and traditions of the South. If your verdict is influenced by anything except the evidence, you will endanger every custom and tradition we hold dear. To ignore such traditions and what is morally right,” he told the court and jury, will have consequences: “The next time it maybe you who will be sitting here crying.”
Part 20: The Defense Makes its “Southern Duty” Closing Arguments
Sidney Carlton began the arguments for the defense: (Summarized from Tragedy on Trial pages 296-298):
No Evidence of Motive: Because Carolyn Bryant’s testimony was deemed inadmissible and was offered outside the presence of the jury, the defense claimed there was no motive. Even though everyone knew the defendants had abducted, beaten and killed Emmett because he wolf whistled at Carolyn, and supposedly made other lewd comments and actions.
The Burden of Proof Had Not Been Met: “We don’t have to prove to you that it was not Till’s body: we only have to raise a reasonable doubt.”
No Link to the Defendants: Taking out Carolyn’s testimony, the “only testimony that Emmett Till did anything with these defendants was Moses Wright’s testimony that he heard the boy had done something.” And if that was the case, the defense argued, why hadn’t Moses “whipped him himself.” Plus, citing testimony that supposedly inadmissible, Carolyn had said that the Black boy her husband and Milam brought before her was “not the one.”
No Evil Intent: The defense argued that if Bryant had in fact identified himself to Moses the night of Emmett’s abduction, it would have been “stupid” for Bryant to have given his name if he was planning to beat and kill the boy.
Uncertainty as to the Identity of Milam: Citing that Moses testified that it was dark and the man he saw with Bryant was “big and bald,” did not prove that it was J.W. Milam beyond a reasonable doubt.

Uncertainty as to the Identity of the Corpse with No Scientific Evidence: Carlton cited the testimony of a sheriff, a medical doctor and an embalmer that the body was beyond recognition. And, as to Mamie’s testimony, “Sometimes mothers believe what they want to believe. I’m sure Mamie Bradley thinks the body was her son, but scientific facts show otherwise.” These “scientific facts” were never detailed.
J.W. Kellum followed up with additional arguments for the defense:
A Discrepancy in Time: Repeating that Dr. Otken said the body was in the river eight-ten days, and pointing out that Emmett had only been missing for three days, Kellum construed that the time discrepancy was too great for the body to be Emmett’s.
Then, Kellum ended with arguments that appealed to the jurors southern roots and pride—and their anger at northern norms aimed at destroying their southern way of life:
Keep The Land of the Free: Kellum claimed that to convict the defendants would mean that freedom would be “lost forever.” As a “peerage of democracy,” it was their solemn duty to acquit or their forefathers will “absolutely roll in their graves.”
Think of Your Eternity: In a trial for the murder of a boy, Kellum appealed to his jurors to think of how they would be judged as they crossed over. … “[As] you enter your father’s house … I want you to hold in the palm of your hand a record of service to God and your fellow man. And the only way you can do this is to turn these boys loose.”
After a break for lunch, John W. Whitten Jr. now spoke for the defense. (Tragedy on Trial, pages 300-303)

The Plot to Shame the South: In this argument, Whitten claimed the real culprits were not the defendants, but all the others trying to take away the southern way of life. He suggested that others wanting to “defy the customs of the South … would commit perhaps any crime known to man in order to widen the gap.” He went on to imply that some of these people were doctors and undertakers who “have ready access to a corpse.” Without specifically mentioning names, Whitten’s words pointed to Dr. T.R.M Howard, who was chief surgeon of the Taborian Hospital in Mound Bayou. (Remembering Emmett Till, Dave Tell, pgs 40 and 48)
The Evil Conspiracy and the Planted Ring: Continuing this argument, Whitten stated that “they would not be above putting a rotting, stinking body in the river in the hope it would be identified as Emmett Till.” His implication was again that Dr. T.R.M. Howard and the NAACP had planted the body.
It’s Okay to Disregard the Facts and the Law: Here, Whitten basically told the jurors they could make any decision they wanted, regardless of evidence, regardless of the law. “There is no way anyone can punish you for any decision you make.”
The Anglo-Saxon Argument: Lastly, Whitten appealed to the jurors to preserve the Anglo-Saxon racial tradition—a tradition that meant the subjugation of Black people. “You are our hope and confidence to send these defendants back to their families happy … [I have full confidence that] every last Anglo-Saxon one of you have the courage to free these men.”
Part 21: The Jury Deliberated Only 67 minutes
The jury barely deliberated for an hour. Black reporter Simeon Booker said witnesses reported hearing laughter coming from the deliberation room. (Shocking the Conscience, Simeon Booker, pg 78) One juror joked that they would have taken longer but stopped to have some Cokes.
After the “not guilty” verdict was read, J.W. Milam and Roy Bryant lit victory cigars. The photographers crowded around and asked the men to kiss their wives. (The Barn, page 300)

Mamie was not in the courtroom to hear the verdict being read. She had known what the outcome would be and had already left town.
Stephen Whitaker confirmed in interviews with jury members in the years after the trial that none of them had a doubt that Milam and Bryant had in fact killed Emmett Till. Whitaker found that that 2-3 jury members had even voted “guilty” in first rounds of voting. But ultimately, they found the defendants “not guilty” because they couldn’t bring themselves to convict fellow white Mississippians (however unsavory), and thus their very way of life.
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Although the Gibson Girls seemed to fit Charles Dana Gibson’s view of a kinder, gentler New Woman, Gibson’s own wife Irene Langhorn Gibson was anything but demure. Irene, who may have been the first Gibson Girls model, was a known suffragette, the chair of the Eastern Women’s Bureau of the Democratic National Committee (in support of Woodrow Wilson’s reelection in 1916) and a champion of philanthropic causes, such as co-founding Big Sisters, helping troubled girls. A feat she could accomplish with her Virginia fortune and can-do attitude.
Gibson’s first and favorite model was Evelyn Nesbit. While sources vary on whether she actually ever sat for Gibson, he could easily have found images of Nesbit in the press. She was involved in a love triangle, where her current husband murdered a former lover.

In past “Girl” best sellers, the protagonists actually were girls. Griet in Chevalier’s Girl with the Pearl Earring is a 16-year-old servant who ground paint and later posed for her master, Johannes Vermeer. In House Girl, the slave Josephine is just 17 when she plans her escape from the tobacco farm. Lisbeth Salender, the brilliant, edgy protagonist in Stieg Larsson’s Girl with the Dragon Tattoo series, is 24 years old, but is under guardianship, so she and her funds are under the control of Nils Bjurman, who viscously takes advantage of her. (Don’t worry, she gets him back big-time!)
The twisted and downright wicked Amy Dunne in Gone Girl was followed by Girl on the Train’s protagonist Rachel Watson, a drunk and lonely woman. Both women are unreliable narrators because they are, well, crazy, and not exactly women to be admired.






