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By Root 879 0

Bryant and J.W. Milam suffered a series of reversals. The family owned a string of small stores in the Delta; almost all of their customers were black, and most of them boycotted the stores, which soon closed. Local banks, with one exception, refused to lend money to Milam, who was also a farmer, to help him plant and harvest his crop. The one exception was the little Bank of Webb; Huie speculated that the bank came to Milam’s rescue because John Wallace Whitten Jr., another member of the defense team, sat on its loan committee. According to Huie (who later paid the brothers for the film rights to their story), it was Whitten who brokered the Look interview, which took place in Whitten’s small law office. Forty years later, Whitten sat down in that same office to discuss the trial with me.

Whitten was a most unlikely savior for two such men. A scion of one of the area’s oldest and most prominent families, he went to college and law school at Ole Miss. After graduation, he shipped off to the war in Europe, where he rose to the rank of captain and was awarded a Bronze Star. When he returned home, J.J. Breland, the senior lawyer in town, asked Whitten to join his law firm. Such was the stature of the Whitten name that Breland, who was more than three decades older than Whitten, immediately renamed his firm Breland & Whitten.

Whitten was seventy-six and suffering from Parkinson’s disease when we met in 1995, and though he was still practicing law, he often had difficulty speaking. Despite that—and the fact that, as he told me later, his wife had “fussed” at him for agreeing to speak with me—he was a gracious and open host, and like Kellum, never grew defensive or refused to answer a question.

One of his responsibilities before the trial, he told me, was to go down to Greenwood and meet with Dr. L.B. Otken, who examined the body after it was pulled from the Tallahatchie River. Otken, he recalled, had told him, “This is a dead body, but it doesn’t belong to that young man that they’re looking for.” Did he really believe that? “I’m sure I did at one time,” Whitten said. “I’m sure he convinced me of it.” Had his thinking since changed? “Oh, yes,” he said. “I believe that it was the body of Till.”

I appreciated his candor, even as I suspected it was a bit incomplete. Or perhaps Whitten was merely choosing his words very carefully; when he said, “I’m sure I did at one time,” the natural interpretation is, “I must have, or I never would have done what I did.” But I doubt very much that a man like John Whitten could have actually believed such a dubious thing at any time; I imagine that he and the rest of the defense weren’t really trying to sell that argument to the jurors so much as they were offering it to them as an instrument of plausible deniability should anyone question their judgment in the future. And now, like J.W. Kellum, he seemed to be engaging in a bit of historical revisionism.

And he clung to it, even when I read to him from an account of his closing argument that had been published in the Greenwood Commonwealth on September 23, 1955:

There are people in the United States who want to destroy the way of life of Southern people…. There are people…who will go as far as necessary to commit any crime known to man to widen the gap between the white and colored people of the United States. They would not be above putting a rotting, stinking body in the river in the hope it would be identified as Emmett Till.

I asked him if he had really believed those things as he was saying them. He said yes, then surprised me by adding: “And I suppose I would probably say I still believe it. I believe there were certain people who would profit by it.”

Whitten then revealed something else about himself: clients may have hired him for his old Delta name, but what they got in the bargain was a savvy lawyer who wanted to win and knew how to do it. “That’s one of the benefits of arguing where the prosecutor just has a circumstantial case,” he said. “If it’s just circumstantial, you can go argue your own circumstances over his, and if