Account of California Hall Arrests by Herb Donaldson & Evander Smith (9 pages)

Account of California Hall Arrests by Herb Donaldson & Evander Smith (9 pages)

Evander Smith and Herb Donaldson Collection, San Francisco History Center.

Repository: San Francisco Public Library

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SMITH, Evander C. 148PC
DONALDSON, Herbert 148PC
Chronology of Events Occurring in Connection with Arrest of Above Individuals on January 1, 1965
TIME AND PLACE: Evander C. Smith and Herbert Donaldson, both attorneys at law admitted to practice before the courts of the State of California, in the course of their duties as such attorneys, arrived at California Hall, Polk and Turk Streets, San Francisco, on January 1, 1965 at or around 9:00 PM. Smith had picked up Donaldson at Donaldson's home in Smith's automobile and they had driven to and parked on Polk Street about one block from California Hall. Upon walking over to California Hall they each noticed one or two police patrol autos, unoccupied, parked in the vicinity, and at least one plain clothes police photographer on the sidewalk outside the Hall. Neither individual during the day had consumed any alcoholic beverages and during the course of the evening had consumed none whatsoever.
CAPACITY: Both individuals are attorneys retained by the Council on Religion and the Homosexual, a non profit California corporation, and have assisted the Council in a legal capacity for approximately the past four to six months.
PURPOSE: The purpose of their attendance at the Mardi Gras Ball was to advise the Council members of their legal rights. Later in this narrative is gone into the reason for the need to have advice as to legal rights "on the spot" at the ball. Essentially the police had promised arrests on an indiscriminate basis if this Mardi Gras Ball were held.
THE MARDI GRAS BALL: This ball was to be a private affair. It was planned by various of the homophile organizations in an effort to raise funds to assist the Council on Religion and the Homosexual in commencing their "dialogue" which the aims of the Council state to be the goal. A copy of the aims of the Council is attached to this narrative. Attendance at this Mardi Gras Ball was to be by invitation and contributions toward this fund- raising were solicited in most of the "gay bars" in San Francisco and in other spots where homosexuals

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and friends of homosexuals or other persons who were friendly to the aim of the Council might be reached. Invitations were also extended to other friends of the homophile organizations - the only criterion that persons being invited were to be over the age of 21 inasmuch as alcoholic beverages were going to be dispensed. No "tickets" were going to be sold at the door, and strict orders had gone out that contributions should not be accepted at the door.
Arrangements were made to rent space at California Hall; this after the Hilton Hotel had found excuses for not leasing space for such a ball, and the Jack Tar found that their floors of the ballroom were going to be refinished after they discovered that the
organization sponsoring the affair did not discriminate against individuals attending the party because of their sexuality, and in fact the party would be attended by a high percentage of homosexuals.
FIRST POLICE ACTION: Two ministers, members of the Council, the Rev. Mr. Ted McIlvenna and Rev. Mr. Cecil Williams, both attached to the Glide Foundation, a Methodist foundation, visited the Police Department on the Monday prior to the ball, i.e., December 28, 1964 and, while they had originally requested a meeting with the Chief of
Police were instead literally put on the rack by the entire vice squad present in the Hall of Justice at the time for "getting mixed up with a bunch of queers." At this meeting the theology of the ministers was questioned, and they were advised that Bishop Sheen didn't view homosexuality as they, the ministers did. They were further advised that they should be helping the police enforce laws instead of encouraging homosexuality. The ministers attempted to make the vice squad members conversant with the aims of the Council and were unsuccessful at this. This entire proceedings was taken down stenographically, so there should be some record of it.
Subsequent to this meeting , the police, it is assumed, contacted the California Hall management; in any event the management called Rev. Mr. McIlvenna in an attempt to cancel and was advised that if they cancelled out the Council would sue for breach of contract.

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SECOND POLICE ACTION: On Wednesday, 12-30-64, the Council and interested parties, including Evander Smith as attorney for the Council, met at 2:00 PM at the Mattachine Society's offices, to consider cancellation of the ball due to the promised police harassment. It was at the first police interview where McIlvenna and Williams were told that mass arrests would be made indiscriminately even though the police knew that they would not be good arrests and that the Judges before whom the defendants appeared would dismiss the cases. (This business of "mass arrests" becomes especially interesting in view of the fact that when arrests did occur the police conveniently had and used numbered cards; Donaldson was forced to stand while a card carrying number 1 was held in front of him and his picture taken; Smith the same as to card carrying number 2 -- probably Leighton and May had the same experience with cards bearing numbers 3 and 4 respectively.)
While this Wednesday, 12-30-64, meeting was in progress two members of the Sex Detail, Inspectors Castro and Nieto, arrived. The purpose of their arrival was never explained. It is now assumed that their arrival had something to do with the fact that members of the Council and their friends had been communicating with other individuals in an effort to obtain intervention with the police department or the mayor. Rev. Canon Cromey would be able to relate any conversations he may have had with Bishop Pike and what he knows of the conversations the Bishop may have had with the Chief of Police or others. In any event the representatives of the vice squad did arrive.
The police visit was most frank in discussion by all parties. The police representatives liberally misquoted the law (sections 650a, 650½ and 647a Penal Code). The police said that the public simply would not tolerate the homosexual's attempt to be openly accepted into society. They, the police, acknowledged that it was impossible to "stamp out" but that they would keep it in check if they could. They felt that there was too much recruiting of "normal" people

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the ranks of the homosexuals or those who tolerated it.
The police at first stated that they would arrest anyone in costume (the vernacular is "drag") who put a foot on the public streets or sidewalks the night of the to-be ball.
The police were advised by all present that this would not be tolerated inasmuch as, absent a lewd intent, no crime was being committed; that the members of the Council would not stand still for such a violation of these citizens' rights solely because they, the arrestees, happened to be different, and that the Council would do everything in its power to defend the arrested individuals' rights and in the event that any such individuals were arrested without having committed any crime (other than being different) they would be liberally advised of their right to sue for false arrest.
The police were further advised that ample Hargrave's private police had been employed to guard the place against any party crashers in the event that the police were worried about hoodlums attempting to break into this private party, and that a substantial group of ministers, their wives, and many other "normal" members of the community would be in attendance; the police were further advised that if anything the past experience with homosexual gatherings individuals at such gatherings behaved with more decorum and more discreetly than at heterosexual gatherings. The police were also advised that lawyers were going to be present on the premises to advice the Council members of their rights as the evening progressed.
The police at this meeting were further advised that there was going to be nothing untoward occurring at this party and further if they had any desire to do so they might come as guests to inspect and observe for short periods of time -- the only limitations
being that their cameras would not be tolerated inasmuch as the police photographers had abused the Tavern Guild's ball on Halloween by taking pictures indiscriminately to the annoyance of everyone, while they, the police, would not in turn allow their photograph to be taken.

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The police eventually agreed that there would be no harassment of any kind, and at the close of this meeting seemed to have realized how carefully the ball was being organized, and it was at this point that the group broke up. The police were most
laudatory as to the communication established at this meeting and asked for an additional meeting after the ball to continue the "dialogue". January 12, 1965 was chosen.
ARREST BUILD-UP: When Donaldson and Smith arrived, they were met at the door by William Plath, a person actively interested in the Council, and who was, along with many other individuals and the ministers and their wives, acting more or less as a co-host. Plath advised both lawyers that a short time before that, as the party was getting organized, and even before many guests had arrived, four plainclothesmen had entered via a side unlocked door, without asking permission and of their own volition walked around and made an inspection. Arrangements were then made by Plath to see that all doors were locked except the main entrance way through which the invitations were to be screened to ensure security for the party and to prevent gate-crashers. A check was made at this time to ensure that all fire exits were in workable order and were not blocked by any obstruction and were not locked so as to prevent their use in the event of an emergency.
Smith and Donaldson then took up station at the doorway and talked briefly with several of the ministers; introductions were made to Mrs. McIlvenna, Mrs. Williams and Mrs. Cromey.
After a period of approximately ten minutes or perhaps at the outside fifteen minutes had passed two gentlemen in clothes ordinarily worn on the street sought admission and did not have invitations. Donaldson ascertained that these were police officers; one was identified as a person by the name of Bush (for quite a while an undercover narcotics officer) and the other's name is not now known. These officers showed badges and demanded admission. Donaldson informed them that an escort would show them around to make sure that they saw the entire premises and to answer any questions in the event. any questions came to the officers mind; Plath, who happened to be in the immediate vicinity, was asked if he would show the officers

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around and the officers then went down the passageway with Plath. After some fifteen or so minutes the officers returned and left. In the interim guests had been arriving and some of the guests arriving inside had complained that their pictures were being taken
by the police. After the two officers had left Smith went out front to see what was occurring and there saw that police were indeed taking pictures indiscriminately of individuals entering the premises; there were uniformed police officers standing in front
and the police were across the street telling people who came by to watch the action, that there was going to be some very interesting things occur later in connection with the queers.
Smith returned, after he had attempted to ascertain from some man in plainclothes the authority for the picture taking. Smith had been inside only moments when two men and a woman came in and quite belligerently said they were coming in. Smith asked if they had invitations and they asked him if he were kidding. Smith recognized the men as Castro and Nieto because of the previous meeting, but the woman who was with them was unidentified and never did identify herself as to whether she was one of their wives, a girl friend, or a policewoman. Smith informed Castro and Nieto that their invitations had been cancelled due to the obvious welching on the "no harassment" policy enunciated the previous Wednesday at the meeting. Smith asked them if they had quit the force because obviously they, being gentlemen, would not have gone back on their agreement. Smith then recounted the harassment thus far (1) Two police cameramen taking all entrants pictures (2) uniformed police enough to stop a major riot (3) six vice squad men on the inside within less than 30 minutes. Castro and Nieto seemed embarrassed, but would not comment other than to say "We're coming in." Donaldson and Smith then asked them who they were, what authority they were acting under and what their positions were. Both lawyers repeatedly asked these questions:
1. If they were police. (No identification had been given although we kept asking for it.)
2. Do you have a search warrant?
3. Do you have any reason to believe there is felony being committed on these private premises.
The police were advised continually that they were

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trespassing on private property. They were asked for their authority to be present. They were told to leave, that their presence was not only not desired, but that they were violating the laws of the State of California by their trespass.
One officer left then, and was gone about ten or so minutes. Recollection of both Smith and Donaldson is that it was Nieto, and that Castro and the woman stood there by the wall, well within the premises. After about ten minutes Nieto returned and the three individuals stood against the wall and refused to talk to the attorneys although both attorneys were entreating answers to the questions above listed.
Finally, probably around 10:00 PM, the front doors opened and a flood of men came in dressed in civilian clothes; the invitation checkers were bypassed and the men - probably about 8 to 10 of them - came over toward the wall where the other three individuals were still standing. They were blocking the entryway and both Donaldson and
Smith asked them for their invitations, and were ignored. The new arrivals began talking to the three standing against the wall and with this woman.
At this point Donaldson and Smith were demanding to know who they were, and advising them that this was a private party and that they should produce some authority for their presence and identify themselves or get out. There was no response from any one of them.
Donaldson then advised them that they were creating a disturbance at this private party, they were creating a fire hazard by blocking the doors, and that unless they left we would call the police. Both lawyers then went over to the doors and were insisting that these individuals either leave or give us a reason for their presence. No answer.
At this point Smith asked the Rev. Dr. Colwell to call the Chief of Police and advice that a bunch of hoodlums without the power of speech had invaded a private party and request assistance from the police upon our complaint as private citizens.
Up to this time there has been no conversation between

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Smith and Donaldson and the intruders excepting that one of the intruders, a balding man, wanted to know whether Smith and Donaldson were attorneys representing these people, and was assured that they, S. & D., were. Both Donaldson and Smith then offered to produce identification that they were in fact members of the bar and again
requested identification of the intruders.
About ten minutes after 10:00 PM the doors were flung open and approximately six uniformed policemen came in. Smith was relieved and was congratulating him self on the quick assistance from the telephone call to the police by Rev. Colwell.
While all this was happening, the balding plainclothesman was badgering the Hargraves security men and at one time wanted to know of one of the Hargraves men if his supervisor knew what was goingon (whatever that question might possibly mean).
At this point the uniformed men began talking with the men in civilian clothes and then came over and grabbed Donaldson and Smith two on each side. A Hargraves security man by the name of Mr. Harlow (telephone 836-3229) witnessed, as he put it, "the police strong-arming one of the attorneys". This was probably Smith being strong-armed out of the place. Neither attorney was saluted in any manner, but were just grabbed and started toward the door. Each attorney was now hollering that it was we who had called the police, that it was the men in civilian clothes over by the wall whom we wanted ejected. The uniformed police then stopped, but the bald-headed man told them to
get us out of there. We demanded to know what for, and were given no response; then both lawyers demanded to know if they were under arrest, and one man in plain clothes answered "What does it look like to you?" At this point both lawyers demanded in unison to know what the charge was. The police officer on the right side of Smith told Smith,
"Outside with you and we will tell you then." Smith then demanded

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that he be advised of the charge or be released as was his right under the law. At this point Nieto spoke up and said "You are under arrest for obstructing our inspection of these premises for fire regulation violations." Smith answered, "Are you kidding?" as he was forcibly walked out the door. Donaldson, in two of two uniformed police, had
preceded Smith out the door and as he was walked out the door had his photograph taken several times by police photographer. As he was stood against the patrol wagon he was forced to stand still while a number 1 was obtained and held at his chest. At this time he advised the photographer that he did not want his picture taken. Donaldson was then ordered to stand with his hands up against the patrol wagon and was frisked for weapons while a spotlight was on him. As Donaldson was put in the wagon, Smith was brought to the vicinity of the wagon and the same treatment (excepting Smith was not searched for weapons) was accorded. As the two lawyers sat in the patrol wagon a moving picture camera was focused on them and the moving pictures were taken of them as they sat in the wagon.
Both lawyers were taken to Northern Station where they were allowed telephone calls. After calling Attorney Rainsford, Donaldson attempted to determine the telephone number of the Municipal Judge who had the duty of fixing bail (Judge Mana that weekend), and the clerk refused to give the home telephone number of the Judge. In the meantime apparently Rainsford had been in touch with Judge Glickfeld who authorized the release of both attorneys on their own recognizance. Before the attorneys were taken to the Hall of Justice for booking they were placed in a small cell and detained for probably one-half hour at the expiration of which they were transported by radio
car to the Hall of Justice where they were placed in a holding tank and eventually were booked, photographed, fingerprinted, and released around 1:00 A.M.