When Klan leader Edgar “Preacher” Killen was indicted for murder in early January 2005, I begged (successfully) the managing editor of Vermont’s Burlington Free Press to give me the cachet of “Special Correspondent” so I could go down to Mississippi again, this time to cover the trial that most people thought would never happen. I wanted to see and hear about the changes in the state that had finally led to Killen’s indictment. I wanted to see and write about the “Preacher.” (The following account of the trial is based on my contemporaneous notes taken there and published in the Burlington Free Press on June 23, 2005, “When Past Becomes Present,” and on June 24, 2005, “60 Years for Miss. Killings.”)
It turned out to be a very different, and a much more dramatic news assignment I gave myself. The trial became much more than a capital case in a state court. In essence, it was a stark drama about two men from the same small town, Union, Mississippi, who were neighbors and knew each other growing up. Each man, however, emphasized the opposite one of two core ways of thinking all humans display in their lives: goodness and evilness.
Marcus Gordon, Judge Marcus Gordon, was the jurist presiding over the Killen trial. He had been a trial judge for more than twenty-five years when the Killen murder case was assigned to him; it was his ninth capital case. Over the course of his nearly four-decade career, Gordon had “earned a reputation for being a no-nonsense, firm and fair judge with a steady hand of control over the proceedings.” (Kenneth Billings, “A No-Nonsense Judge for Killen Trial,” The Neshoba Democrat, June 1, 2005.)
Like Killen, the judge was a big man, more than six feet tall, broad shouldered, with thick white hair. Like so many Mississippians, he grew up in farm country, loved hunting and fishing, and horse riding. To escape the tensions inherent in a trial court, he often returned to his farm in Union, less than a mile from his birthplace, where he saddled his horse and just rode. (Horse lovers know how much good “just riding” does for lowering the rider’s blood pressure and renewing good thoughts. Just ask my wife Carol, my Jewish horse whisperer.)
The judge, unlike Killen, served six years in the U.S. Air Force, including service in Korea, and then went to Ole Miss as a mature first year undergraduate. After graduating with a degree in business, Gordon then went to Ole Miss’s law school. Most of his legal career was as an elected district attorney and as a county court judge. Gordon was elected District Attorney of the 8th Judicial District in the 1970s (1971-1977), he then ran for the position of Judge, in the same district a few years later. At the time of his retirement, March 2016, Gordon was the longest serving circuit judge (thirty-seven years) in Mississippi’s history. Three months later, the 84-year old Judge died.
For the judge, the Killen trial “hit close to home.” Marcus Gordon and “Preacher” Killen lived next to each other on the same road in Union. Killen ran a sawmill operation in town and was a part-time Baptist minister. (One of my State students, Donna Ladd, grew up in Philadelphia and remembered, when she was a little girl, meeting Killen in town. He was a part-time watch repairman and her watch needed to be fixed.)
Killen was the Baptist minister who “preached at the Church Judge Gordon’s parents attended and presided over their combined funerals [they died within a day of each other] just a year after the [three civil rights workers were] murdered.” Gordon, when he was District Attorney, also knew Killen professionally: “he once prosecuted Mr. Killen for making a threatening phone call.”
Nearly forty years after the 1964 killings, not one of the nineteen Klansmen involved in the murders had faced homicide charges until Killen’s indictment in 2004. The majority were never convicted of the murders in both federal and State trial courts. They all had church services and burial in its cemetery.