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August 15, 2008

 

A. Lewis on Gideon (cont)

Turner says that Gideon came to him with “a valise full of motion.” Among other things he wanted to move for a change of venue, to Tallahassee. Turner pointed out that he knew people in Panama City—as it turned out, he knew most of the jurors—but none in Tallahassee. Gideon agreed to drop the idea of moving the trial. Then Turner told him, “I’ll only represent you if you stop trying to be the lawyer and let me handle the case.” Gideon agreed.

People often ask me whether Gideon ever got in trouble with the law again after his acquittal in the second trial. The answer is: only once. He went to the Kentucky Derby, lost all his money, and was arrested for vagrancy. When he was brought before a judge, he asked the judge to take a look at something first. It was a copy of “Gideon’s Trumpet,” which he had with him. The judge said he would read it overnight, and in the meantime Gideon would stay in the lockup. The next day the judge said he was pleased to have met the man who had changed the law of the Constitution. “As I understand it,” the judge went on, “the decision in your case only applies to felonies. This charge is a petty misdemeanor. Perhaps the Supreme Court will expand its decision to require counsel in this kind of case, too. I was going to just let you go. But if you like, I’ll sentence you to six months, and you can appeal on up.” Gideon said, “If it’s all the same to you, judge, I’d rather go.”

In early 1972 I was reporting in London for the New York Times. One day I got a letter from Abe Fortas, who as you know was appointed to represent Gideon in the Supreme Court. In it was a funeral notice for Clarence Earl Gideon. It was from Hannibal, Missouri, his birthplace. I telephoned the funeral parlor to find out what happened. The owner told me that Gideon had died in Ft. Lauderdale, Florida; his body had been brought to Hannibal by his mother. I got the mother’s telephone number. The funeral parlor owner asked whether I knew that Hannibal was the birthplace of Mark Twain. I did.

When I reached Gideon’s mother, she said, “You’re the man who wrote that terrible book.” “What do you mean?” I asked. “You said his stepfather was a bad man, and he was a good man.” Well I hadn’t said that; Gideon had. His mother ended the conversation by saying, “Clarence could have been most anything if he’d gone to school as he ought to, and behaved himself.”

But he was something. That is why we are talking about him today. There is a monument to him now in Hannibal, and tourists go to that as well as to Mark Twain’s birthplace. The other day I had a letter from the president of the Historical Society of Bay County, Florida. She told me that they are putting up a marker for Clarence Earl Gideon.

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