“The chance to destroy the draft files of everyone I had grown up with was very appealing.” – Jeremiah Horrigan
Yesterday was the 40th anniversary of the trial of the Buffalo Five. But really, the Buffalo Seven would have been a more accurate—if not too revealing—name for this action that culminated in a 10-day federal trial. When we left off yesterday, five members of the group were arrested at the Old Post Office on Ellicott Street. What was not mentioned was that two of the activists involved in this nighttime draft board raid managed to escape arrest. They were Jim Good and Mike Hickey, and the story of their escape, sans pants and tennis shoes, may rate a third Buffalo installment on this blog.
The trial of the Buffalo Five opened on April 17, 1972 and was presided over by Judge John T. Curtin. Curtin served in the Marine Corps and was appointed his judgeship by LBJ, who did not start the war in Vietnam but most certainly escalated it. This was a memorable trial for many reasons, not the least of which was highlighted by a pair of Vietnam vets and a former FBI agent testifying for the defense.
Having celebrated yesterday with a brief description of the action, some archival photos, and group-member Jeremiah Horrigan’s narrative account, today we dive a bit deeper with an excerpted interview with Horrigan conducted via e-mail. (Unfortunately due to time and budget constraints, I was unable to interview Horrigan in person with a camera rolling. Fortunately, we did get to interview one of the men who got away, Jim Good, and as of our latest edit [under 100 minutes!] he will appear in Hit and Stay.)
Interview with Jeremiah Horrigan, April 2012.
Joe Tropea: I want to begin by asking you about the name of your action. I’ve found that a few of the Action Community raids are known by different titles to different people. For example, the New Haven action was also known as “Brothers and Sisters” (named in solidarity with the Black Panther trials happening at the time) and the Women Against Daddy Warbucks were also called the Manhattan Five. Do you prefer the Buffalo Five to The Buffalo?
Jeremiah Horrigan: Since we never expected to be arrested, two of our guys, Chuck Darst and Michael Dougherty, composed a lengthy statement of responsibility that was to be left behind. (Leaving such missives and later “surfacing” to take responsibility while not admitting guilt for a crime none of us believed to be a criminal act was the modus operandi that had developed in the years following Catonsville. More about that later.)
The statement Chuck and Mike composed was signed “The Buffalo.” There were references in it to the vanishing herds out west. The name had the advantage of being punchy, if a bit melodramatic. When we were busted, the papers followed the fashion of the day and dubbed us The Buffalo 5. This of course gave us a giggle because two of our number, Jim Good and Michael Hickey, had escaped capture that night, vaunting over deadly looking wrought iron fences to run through the predominantly black East Side of Buffalo in their BVDs, looking for and finally finding someone who was willing to give them a lift back to the place we called Houston Control.
JT: How did you become involved in the draft board actions? What, or should I say who, was your entry point into the Action Community?
JH: This is a vast question with an answer I’ll try to keep under book-length. My point of entry was a Methodist church rectory on 219th Street in the Bronx that was known as Iron Mountain. I wound up there one day looking for a book for a theology class I was taking at Fordham University. To make a very long story short— I fell in with an intriguing bunch of characters there. Ostensibly, it was a mail order bookstore for Resistance literature. But its real purpose was as a sort of clearing house for people who were plotting draft board actions. The man who utterly dominated the place was named John Peter Grady, a pugnacious, hard-drinking Irishman with an explosive laugh and a burning desire to take on— and take down—the government. He was the “who” who opened the door for me. Here’s an indication of how important he was to me: my wife Patty and I (who I met at Iron Mountain) named our first son Grady.
JT: How was the Buffalo action planned? Were there any other individuals, veteran raiders who had a role in planning or organizing this action?
JH: I heard about the action from a woman at Iron Mountain who thought it might appeal to me because Buffalo was my hometown. She was right. The chance to destroy the draft files of everyone I had grown up with was very appealing. I’d already burned my draft card at a spaghetti dinner at Iron Mountain. Now I could effectively burn everyone else’s.
When I got there, plans were already afoot, thanks to the husband-wife team of Mike Dougherty and Barbara Shapiro. Mike had been a part of a previous action; I’m not sure what experience Barbara had. She was a forceful person and was this action’s major domo. John Grady, who otherwise might have had a more active role in the action, was deeply involved in the Camden, NJ action.
If I had any doubts about the action, they were assuaged by the presence of two friends I’d gone to high school with, Mike Hickey and Ken Mudie. Mike was there the night of the action; Kenny was an intrinsic part of Houston Control, both before and after the action. Kenny, for example, had a job and helped pay for food and lodging for us media heroes, critical aspects of any action that got little attention then or now.
JT: Were you aware that Jim Good and Mike Hickey had escaped capture? At what point did you realize this?
JH: I’m not sure when I realized it—maybe in jail the next morning, when I saw the headlines. We were sequestered individually after arrest; incredible as it may sound, I wasn’t interrogated. I think the feds figured we were small potatoes, compared to the Camden group.
JT: Do you recall how many counts you were charged with and how much time you faced?
JH: I remember three federal counts, including the strange-sounding “crime on a government reservation.” Each count had a maximum of five years in prison.
JT: I’m curious about your trial. I’ve read that Judge John Curtin gave you, the defendants, a lot of leeway in making your defense case. Also, can you tell me about the outcome of your trial?
JH: Federal Judge John Curtin did indeed give us tremendous leeway. Buffalo had two federal judges, Curtin and a guy named Frederick Marshall. Curtin was seen as the liberal and Marshall the conservative. I remember being initially disappointed we were assigned the liberal judge. I felt we needed a hard-liner—remember Julius Hoffmann?— to squelch our intended defense (jury nullification) and thereby demonstrate the government’s unwillingness to listen, it’s disregard for fairness or justice.
Instead, we got Curtin, who demonstrated throughout the trial a willingness to hear us and to let us present what amounted to a show trial on our own behalf in which we prosecuted the war. He gave us wide latitude in calling witnesses—they included a Vietnamese woman, a Marine who had been part of a covert military incursion into Cambodia, and ex-FBI agent Bob Wall. We all testified on our own behalf. It was political theater performed in federal court. Imagine a federal judge today—any judge— allowing such testimony in a court. John Curtin epitomized everything good about a justice system that we resisters had no respect for in the beginning. That was a feeling that didn’t survive the trial itself.
In the end, we were convicted on two of the three counts facing us— despite our having confessed to everything. And though we all expected to do time—maybe a year—Curtin gave us suspended sentences. We walked, despite our (judicial) convictions. And yes, Curtin made several speeches following the trial that were critical of the war.
Curtin recently celebrated his 90th birthday. I learned of this and sent him a long-overdue note expressing my thanks and praising his heroism.
JT: Were you involved in any other actions that you’d feel comfortable talking about?
JH: After the Buffalo action, I retired from active duty. Our son Grady was born seven months after sentencing—yet another reason I was glad to have escaped prison.