Marcus Garvey
Trial: 1923

Having been postponed at least three times, in May 1923, the trial finally came to court, with Garvey and three other defendants accused of mail fraud. The judge overseeing the proceedings was Julian Mack, although Garvey disliked his selection on the grounds that he thought Mack an NAACP sympathiser. At the start of the trial, Garvey's attorney, Cornelius McDougald, urged him to plead guilty to secure a minimum sentence, but Garvey refused, dismissing McDougald and deciding to represent himself in court. The trial proceeded for more than a month. Throughout, Garvey struggled due to his lack of legal training. In his three-hour closing address he presented himself as a selfless leader who was beset by incompetent and thieving staff who caused all the problems for UNIA and the Black Star Line. On 18 June, the jurors retired to deliberate on the verdict, returning after ten hours. They found Garvey himself guilty, but his three co-defendants not guilty.

Garvey was furious with the verdict, shouting abuse in the courtroom and calling both the judge and district attorney "damned dirty Jews". Imprisoned in The Tombs jail while awaiting sentencing, he continued to blame a Jewish cabal for the verdict; in contrast, prior to this he had never expressed antisemitic sentiment and was supportive of Zionism. When it came to sentencing, Mack sentenced Garvey to five years' imprisonment and a $1000 fine.

The severity of the sentence—which was harsher than those given to similar crimes at the time—may have been a response to Garvey's antisemitic outburst. He felt that they had been biased because of their political objections to his meeting with the acting imperial wizard of the Ku Klux Klan the year before. In 1928, Garvey told a journalist: "When they wanted to get me they had a Jewish judge try me, and a Jewish prosecutor. I would have been freed but two Jews on the jury held out against me ten hours and succeeded in convicting me, whereupon the Jewish judge gave me the maximum penalty."

A week after the sentence, 2000 Garveyite protesters met at Liberty Hall to denounce Garvey's conviction as a miscarriage of justice. However, with Garvey imprisoned, UNIA's membership began to decline, and there was a growing schism between its Caribbean and African-American members. From jail, Garvey continued to write letters and articles lashing out at those he blamed for the conviction, focusing much of his criticism on the NAACP.
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