436:, which stemmed from the marriage of Charles Tutty, a white man, and Rosa Ward Tutty, a black woman. They were married in Washington, DC, but when they returned to their home in Georgia, where interracial marriage was illegal, they were arrested and convicted of fornication. On appeal, the question was whether they were committing fornication because they could not legally marry (the prosecution's argument), or incapable of doing so because they were married (the argument of Hewlett and his co-counsel Judge Parker Jordan). In both cases, the guilty verdict was upheld. Hewlett also addressed this issue in his role as justice of the peace. In 1902, he officiated at the wedding of Julia Johnson and George Wilson from Baltimore, who came to Washington and were married in his court because their home state of Maryland prohibited interracial marriage.
42:
202:
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the government had not "maintained the issue" of enforcing equal access. In 1889, Hewlett represented George L. Pryor, a black lawyer from
Norfolk, Virginia, in a suit against the doorman at Harris' Bijou Theater in Washington who had seated Pryor and a companion at the back of the theater instead of in the seats they had purchased, and in 1900 he was co-counsel in W.T. Ferguson's case against the management of the Grand Opera House.
1509:
1076:
510:
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1279:
1226:
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874:
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376:, in which Hewlett acted as co-counsel to Noah Parden, Parden made an argument on equal protection grounds that the trial of Ed Johnson, who faced the death penalty after a conviction for rape, had violated Johnson's Constitutional rights, including through the exclusion of blacks from the jury. Parden succeeded in convincing
350:
189 U.S. 426 (1903), Hewlett worked with attorneys J.L. Mitchell and W.J. Whipper in a case that made similar arguments, again seeking to overturn a murder conviction on the grounds that black jurors had been excluded due to their race or color. In this case, the court concluded that
Hewlett and his
402:
on his own behalf and for
African American clients. In 1884, he sued a steamboat clerk in Washington Police Court after the clerk refused to provide him with the meal to which he was entitled by his ticket. The case was dismissed, with the judge explaining that Hewlett was technically correct, but
230:
to sit in the balcony even though they had purchased tickets for seats in the parquet, he petitioned for changes to
Massachusetts' anti-discrimination law, on the grounds that the current law clearly wasn't working. Two years later he was part of a group of twenty people who petitioned to have the
464:
He belonged to civil rights groups that emerged at the turn of the twentieth century to support the enforcement of the
Thirteenth, Fourteenth and Fifteenth amendments and to fight against discrimination, segregation and the Jim Crow legal system, and lynching. He often served as legal counsel. In
422:
that a lunchroom in the building had refused to serve him and a black colleague. Although the marshall, who had given the lunchroom operator free use of the space, informed her that discrimination was illegal, she responded by closing the restaurant on the grounds that her white patrons would not
368:
voters. This has been interpreted as a victory for the idea that black defendants were entitled to a jury that included their black peers, making Smith the first
African American attorney to successfully argue a case before the Supreme Court; however, the court's decision was narrowly focused on
340:
to argue that convicted murderers Smith and Gibson had been denied juries of their peers because the juries were empaneled using voter rolls that excluded black citizens. Both cases were dismissed by the court for reasons of lack of jurisdiction; legal scholar R. Volney Riser notes that this may
460:
In addition to his work as a lawyer and judge, Hewlett was part of a series of real estate and insurance businesses, including the Alpha Law, Real Estate and
Collection Company (1892), the Douglass Life Insurance Company (1901) and Hewett, Horner, Watts & Co., a real estate firm (1906). Such
290:
for a total of sixteen years of service. Justices of the peace presided over a "poor man's court," with jurisdiction limited to civil cases involving less than $ 300.00. Nevertheless, this was considered a prestigious appointment for a black attorney. In 1906, when the number of justices of the
221:
College's new gymnasium, where he worked for fourteen years, serving as an instructor in gymnastics, baseball, rowing, and boxing, coaching sports teams, and managing the gym's equipment. Virginia
Hewlett was a gymnastics instructor who held courses for women. They ran a gymnasium in Cambridge
225:
Aaron
Hewlett was active in the fight for civil rights for African Americans in Massachusetts, challenging illegal discrimination in public places and supporting alternatives to discriminatory institutions. In April 1866, after he and one of his daughters were forced by the staff of the
461:
firms provided a public service to the black community. White-run companies were often unwilling to conduct real estate transactions or sell insurance to black customers, who they believed were inherently bad risks, so these ventures provided a needed alternative.
410:, local DC laws that barred racial discrimination in bars and restaurants, by refusing to serve black customers or trying to drive them away through tactics like ignoring them or overcharging them. In 1887, he filed a complaint against the popular restaurant
307:
As a member of the
Supreme Court bar, Hewlett was involved in ten cases as counsel or co-counsel, often joining appeals filed on behalf of black southern defendants. He recommended at least two other African American attorneys for admission to the bar,
198:(c. 1821-December 6, 1871) and Virginia Josephine Molyneaux Hewlett (nÊe Lewis, c. 1821â1882). He had two sisters, Virginia and Aaronella, and two brothers, Aaron and Paul, the latter a Shakespearean actor who performed under the name "Paul Molyneaux."
323:
to the Constitution by the Supreme Court by arguing that the civil rights of black defendants, especially the right to equal protection under the law, had been violated through the wilful exclusion of African Americans from juries and grand juries. In
477:
Hewlett remained a bachelor until late in life and had no children. By 1900, he was living as a boarder in the home of Elizabeth P. Brooks, a widow; Hewlett and Brooks were married on August 14, 1920. In 1890, after the death of his sister
291:
peace was reduced from ten to six, Hewlett was not reappointed by President Roosevelt. Some in the African American press argued that this was a political decision at the highest level, involving lobbying by national black leader
364:, this tactic was somewhat successful. Smith argued that Seth Carter's indictment for murder should be quashed because no blacks had been chosen to sit on the grand jury that presented it, despite blacks being one-fourth of
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369:
procedure, specifically the fact that Carter had never been given a chance to object to the composition of the grand jury (which had been empaneled before charges were filed against him), in violation of Texas law.
632:
443:
on behalf of a group of former slaves, asserting ownership of $ 68 million paid in taxes on cotton produced using slave labor between 1859 and 1868. Jones and the case became the target of harassment from the
527:
Aaron M. Hewlett (case no. 5155). Middlesex County (Mass.) Probate Packets (1-4720), second series, 1872-1967 (and 4703-19,935). Accessed via Ancestry.com Massachusetts, Wills and Probate Records, 1635-1991
829:
232:
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326:
407:
213:
movement. In 1854, Aaron Hewlett, who had previously worked as a barber and a porter, opened a sparring school called Molineaux House in Brooklyn. The following year the family moved to
1423:
Gregory, Thomas Montgomery (June 20, 1919). Report: Negro Situation in Northeast Africa and the Activities of Lawyer Emanuel W. Hewlett. War Department Military Intelligence,
346:
173:(November 15, 1850 â September 19, 1929) was an American attorney, judge, and civil rights activist. He was among the first African Americans to be admitted to the bar of the
414:
for denying him service. Harvey's was fined $ 100 but appealed, and eventually the case was dropped. He also pushed back against denial of service in 1907 by alerting the
1113:
428:
465:
1898, he was a founding member of the National Racial Protective Association and the Afro-American Council. During the 1910s and 1920s he was actively involved in the
1391:
Alexander, Shawn Leigh (2006). "The Afro-American Council and its Challenge of Louisiana's Grandfather Clause". In Green, Chris; Rachel Rubin; James Smethurst (eds.).
411:
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Hewlett also fought against other manifestations of racism and discrimination in his work as an attorney. He filed a number of cases challenging denials of access to
1406:
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702:
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One of the first African-American attorneys admitted to the United States Supreme Court bar; first African-American Justice of the Peace in Washington, DC
356:
380:
to stay Johnson's execution until the case could be argued before the full court, but it was never heard because Johnson was taken from the jail in
177:, in 1883, and among the first to argue cases before the Supreme Court. He served as a Justice of the Peace in Washington, DC, from 1890 to 1906.
1568:
1603:
1598:
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license of a Cambridge skating rink revoked on grounds of unlawful discrimination. Also in 1868, he was part of a group that incorporated the
17:
399:
486:), he became custodian of Virginia and Frederick Douglass Jr's two minor children, Charles Paul Douglass and Robert Smalls Douglass.
1244:
Berry, Mary Frances (March 2018). "Taking the United States to Court: Callie House and the 1915 Cotton Tax Reparations Litigation".
452:
in the fall of 1915. In November, Hewlett publicly declared that he "sees no merit in the suit" and was withdrawing from the case.
445:
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Along with other black Washingtonians, Hewlett used the courts to fight against bars and restaurants that were violating the
244:
377:
597:
Moore, Louis (Fall 2011). "Fit for Citizenship: Black Sparring Masters, Gymnasium Owners, and the White Body, 1825-1886".
469:, and during World War I he participated in protests in Washington, DC against mistreatment of African American soldiers.
341:
have stemmed from Jones' failure to provide sufficient evidence to interpret the motivations of the Mississippi courts.
174:
1186:
426:
Another issue with which Hewlett was engaged was interracial marriage. In 1890, he served as counsel in the cases of
351:
colleagues had failed to prove that blacks were purposefully excluded from juries by the administration of the law.
1558:
1543:
566:
Not as Supplicants, but as Citizens: Race, Party and African-American Politics in Boston, Massachusetts, 1864-1903
489:
Elizabeth P. Hewlett died in July 1926, aged 77. Emanuel Hewlett died on September 19, 1929, and was interred at
259:
Hewlett practiced law in Boston from 1877 to 1880, then moved to Washington, DC. In 1883 he was admitted to the
248:
99:
235:, an organization formed to provide loans for African Americans who could not get service from white-run banks.
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217:, where he opened a popular gymnasium. This move led to his being hired in 1859 as the first director of
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Many of the cases with which Hewlett was associated were attempts to win a broad interpretation of the
538:
479:
320:
161:
916:
214:
989:
Contempt of Court: The Turn-of-the-Century Lynching that Launched One Hundred Years of Federalism
296:
195:
144:
778:"Seeking Pluralism in Judicial Systems: The American Experience and the South African Challenge"
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994:
987:
1043:
728:
1018:
952:
934:
1538:
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361:
292:
271:
672:
8:
748:
Defying Disenfranchisement: Black Voting Rights Activism in the Jim Crow South, 1890-1908
673:"Freedom's Agenda: African American Petitions to the Massachusetts Government 1600-1900"
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614:
483:
440:
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203 U.S. 563 (1906), the case that resulted from this abrogation of federal authority.
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633:"General Information about Aaron Molyneaux Hewlett and Madam Molyneaux Hewlett, 1861-"
1359:
1265:
998:
777:
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1459:"Emanuel M. Hewlett in the District of Columbia, Compiled Marriage Index, 1830-1921"
610:
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365:
283:
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1441:"Emanuel M. Herolett [Hewlett] in the 1900 United States Federal Census"
41:
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177 U.S. 442 (1900), in which Hewlett served as co-counsel alongside attorney
1527:
1133:"In 1872, Black Washingtonians Started Testing a New Anti-Discrimination Law"
830:"DC Law said African Americans Could Eat Anywhere. The Reality was Different"
439:
In 1915, Hewlett was involved with a class-action reparations case filed by
1428:
1407:"Senator Henry Cabot Lodge Saves the Dyer Bill by his Insistence on Report"
201:
1351:
1301:. Washington, DC: Union League of the District of Columbia. p. 58.
1330:
Woodson, Carter G. (April 1929). "Insurance Business among Negroes".
763:
The African Abroad, or, His Evolution in Western Civilization, vol. 2
260:
1343:
1257:
1099:
The Colored American (Washington, DC) (via LOC Chronicling America)
765:. New Haven, CT: Tuttle, Morehouse & Taylor Press. p. 858.
191:
578:
205:
Aaron Molyneaux Hewlett in 1859, posing with exercise equipment.
209:
Aaron and Virginia Hewlett were part of the nineteenth-century
581:
Sports in American History from Colonization to Globalization
243:
Hewlett attended Cambridge public schools and graduated from
1514:
Evening Star (Washington, DC) (via LOC Chronicling America)
1496:
Evening Star (Washington, DC) (via LOC Chronicling America)
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1317:
Evening Star (Washington, DC) (via LOC Chronicling America)
1155:
Evening Star (Washington, DC) (via LOC Chronicling America)
1081:
Evening Star (Washington, DC) (via LOC Chronicling America)
295:
in favor of Washington's other black justice of the peace,
984:
579:
Gems, Gerald R.; Linda J. Borish; Gertrud Pfister (2017).
583:(2 ed.). Champaign, IL: Human Kinetics. p. 111.
879:
The Broad Ax (Chicago) (via LOC Chronicling America)
804:
The Broad Ax (Chicago) (via LOC Chronicling America)
986:
336:162 U.S. 565 (1896), Hewlett worked with attorney
775:
563:
222:together in addition to Aaron's work at Harvard.
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455:
384:, and lynched. Hewlett did not participate in
1395:. New York: PalgraveMacMillan. pp. 13â38.
800:"President Roosevelt and Booker T. Washington"
568:(Thesis). University of Michigan. p. 190.
564:Bergeson-Lockwood, Millington William (2011).
656:
251:, becoming its first black graduate in 1877.
194:, New York, on November 15, 1850, the son of
133:Elizabeth P. Brooks (m. 1920-1926; her death)
1480:. New York: Simon and Schuster. p. 678.
1393:Radicalism in the South Since Reconstruction
1378:Washington Bee (via LOC Chronicling America)
1299:The Twentieth Century Union League Directory
1284:Washington Bee (via LOC Chronicling America)
1114:"Remembering the 'Lost Laws' of Washington"
985:Curriden, Mark; Leroy Phillips Jr. (1999).
302:
1213:Richmond Dispatch (via Virginia Chronicle)
274:for the District of Columbia by President
40:
1390:
1231:Denver Star (via LOC Chronicling America)
750:. Baton Rouge, LA: LSU Press. p. 43.
267:and the United States Supreme Court bar.
27:American lawyer and civil rights activist
1429:http://dh.howard.edu/tmg_intellicorres/5
1411:Richmond Planet (via Virginia Chronicle)
1173:Richmond Planet (via Virginia Chronicle)
539:"People of Color in Shakespearean Roles"
200:
1329:
776:Higganbotham, A. Leon Jr. (1992â1993).
233:Cambridge Land and Building Association
14:
1569:Boston University School of Law alumni
1526:
1478:Frederick Douglass: Prophet of Freedom
1475:
1296:
993:. New York: Faber and Faber. pp.
760:
333:John G. Gibson v. State of Mississippi
1604:19th-century African-American lawyers
1599:20th-century African-American lawyers
1594:Burials at Columbian Harmony Cemetery
1243:
1130:
1111:
914:
827:
823:
821:
745:
697:
695:
693:
596:
327:Charley Smith v. State of Mississippi
677:Commonwealth Museum of Massachusetts
592:
590:
511:"Judge E.M. Hewlett is Dead at Home"
408:Equal Services Acts of 1872 and 1873
185:
1246:Journal of African American History
1061:"A Civil Rights Case Disposed Of".
599:Journal of African American History
278:. He was reappointed by presidents
24:
818:
690:
25:
1615:
1131:Kelly, John (February 12, 2018).
1112:Kelly, John (February 11, 2018).
1048:Boston Globe (via Newspapers.com)
969:
899:
858:
828:Kelly, John (February 13, 2018).
587:
446:United States Treasury Department
393:
270:In 1890, Hewlett was appointed a
150:Virginia Josephine Lewis (mother)
915:Brown, Amanda (April 14, 2018).
729:"Advancing Justice from Day One"
543:University of Maryland Libraries
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721:
611:10.5323/jafriamerhist.96.4.0448
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249:Boston University School of Law
100:Boston University School of Law
1554:American justices of the peace
1227:"M'Adoo Issues Timely Warning"
935:"Brownfield v. South Carolina"
665:
650:
625:
572:
557:
531:
521:
503:
423:share a facility with blacks.
420:District of Columbia city hall
13:
1:
1589:Lawyers from Washington, D.C.
1579:20th-century American lawyers
1574:19th-century American lawyers
1564:American civil rights lawyers
515:Evening Star (Washington, DC)
496:
456:Civic activities and activism
265:United States Court of Claims
180:
1584:20th-century American judges
467:National Equal Rights League
378:Justice John Marshall Harlan
347:Brownfield v. North Carolina
238:
53:Emanuel D. Molyneaux Hewlett
18:Emanuel D. Molyneaux Hewlett
7:
761:Ferris, William H. (1913).
175:United States Supreme Court
10:
1620:
1297:Hilyer, Andrew F. (1901).
972:Defying Disenfranchisement
953:"Carter v. State of Texas"
902:Defying Disenfranchisement
861:Defying Disenfranchisement
491:Columbian Harmony Cemetery
1476:Blight, David W. (2018).
1313:"New Real Estate Company"
1209:"White Man's Negro Bride"
1191:The Southeastern Reporter
1077:"Another Color Line Case"
746:Riser, R. Volney (2010).
482:(whose father-in-law was
480:Virginia Hewlett Douglass
429:Tutty v. State of Georgia
321:Reconstruction amendments
312:of Tennessee in 1906 and
171:Emanuel Molyneaux Hewlett
162:Virginia Hewlett Douglass
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109:Attorney, judge, activist
105:
95:
87:
71:
48:
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34:Emanuel Molyneaux Hewlett
32:
1492:"Mrs. E.M. Hewlett Dies"
1332:Journal of Negro History
1151:"Deprived of Lunch Room"
921:Mississippi Encyclopedia
434:Ward v. State of Georgia
330:162 U.S. 592 (1896) and
303:Supreme Court activities
215:Worcester, Massachusetts
1559:African-American judges
1544:Activists from Brooklyn
1510:"[no headline]"
1280:"[no headline]"
1095:"[no headline]"
917:"Gibson v. Mississippi"
875:"[no headline]"
637:HOLLIS, Harvard Library
196:Aaron Molyneaux Hewlett
145:Aaron Molyneaux Hewlett
703:"Two Colored Justices"
387:United States v. Shipp
382:Chattanooga, Tennessee
247:. He then studied at
206:
1549:Lawyers from Brooklyn
1516:. September 22, 1929.
1169:"An Interesting Case"
517:. September 21, 1929.
412:Harvey's Oyster House
400:public accommodations
316:of Kentucky in 1912.
245:Cambridge High School
204:
1380:. December 24, 1898.
1233:. November 13, 1915.
1175:. November 29, 1890.
1101:. February 24, 1900.
1063:Galveston Daily News
1019:"US v. Shipp (1909)"
707:Cambridge Chronicle
493:in Washington, D.C.
293:Booker T. Washington
272:justice of the peace
190:Hewlett was born in
1319:. October 13, 1906.
881:. November 23, 1912
709:. November 23, 1901
661:. pp. 190â191.
657:Bergeson-Lockwood.
1215:. August 28, 1902.
1065:. October 9, 1884.
1050:. October 2, 1884.
735:: 16. Spring 2018.
659:Not as Supplicants
484:Frederick Douglass
441:Cornelius J. Jones
338:Cornelius J. Jones
314:Shelby J. Davidson
288:Theodore Roosevelt
207:
75:September 19, 1929
66:Brooklyn, New York
1374:"Racial Troubles"
1197:: 711. 1891â1892.
1004:978-0-571-19952-5
959:. April 16, 1900.
904:. pp. 43â44.
806:. January 6, 1906
418:in charge of the
276:Benjamin Harrison
186:Family background
168:
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114:Years active
63:November 15, 1850
16:(Redirected from
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1498:. July 20, 1896.
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1413:. June 10, 1922.
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1198:
1187:"Tutty v. State"
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1157:. April 3, 1907.
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1103:
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1044:"The Color Line"
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941:. March 9, 1903.
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836:. Archived from
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782:Duke Law Journal
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416:federal marshall
366:Galveston, Texas
362:Wilford H. Smith
211:physical culture
82:Washington, D.C.
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30:
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1344:10.2307/2714068
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1311:
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1295:
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1286:. June 4, 1892.
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1252:(1â2): 97â100.
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1207:
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1137:Washington Post
1129:
1125:
1118:Washington Post
1110:
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1088:
1083:. May 10, 1889.
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841:
840:on July 3, 2019
834:Washington Post
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475:
458:
396:
374:Ed Johnson case
357:Carter v. Texas
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188:
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153:
96:Alma mater
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181:Early life
59:1850-11-15
1360:149560502
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528:database.
280:Cleveland
239:Education
158:Relatives
117:1877â1929
448:and the
284:McKinley
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164:(sister)
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