The Buffalo Nine
Encyclopedia
The Buffalo Nine was a group of nine Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

 protesters arrested together on August 19, 1968 at the Unitarian Universalist Church in Buffalo
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...

, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

.

Background

During the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

 there was a rise in draft resistance as a political statement. A group of students, primarily associated with the University at Buffalo, had been active against the draft and the war. When they and supporters sought sanctuary
Sanctuary
A sanctuary is any place of safety. They may be categorized into human and non-human .- Religious sanctuary :A religious sanctuary can be a sacred place , or a consecrated area of a church or temple around its tabernacle or altar.- Sanctuary as a sacred place :#Sanctuary as a sacred place:#:In...

 in the Unitarian church on Elmwood Avenue, U.S. Marshals
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...

, FBI agents, and Buffalo Police surrounded the church. The minister, Dr. Paul Carnes, attempted mediation for several days. Eventually, the lawmen "stormed" the church. When the group of lawmen entered the church, they used blackjacks to "clear the aisle". Beyer was arrested, as were seven others, on charges including draft evasion and assaulting an officer. Among those arrested were prominent campus radicals such as Carl Kronberg and Jerry Gross
Jerry Ross (painter)
-Early Life and Work:He was born Gerald Gross to second generation Austrian-Jewish parents, Sidney and Jeanette Gross. The family moved to the suburbs . An art teacher recognized his talent and recommended that he be enrolled at the Art Institute of Buffalo, which he attended from age seven until...

. A later investigation led them to arrest Students for a Democratic Society
Students for a Democratic Society (1960 organization)
Students for a Democratic Society was a student activist movement in the United States that was one of the main iconic representations of the country's New Left. The organization developed and expanded rapidly in the mid-1960s before dissolving at its last convention in 1969...

 organizer Bill Yates.

Trials

The first federal trial began in February, 1969. Around 150 University of Buffalo students and faculty picketed the U.S. Courthouse, chanting "Free the Nine -- The Trial's a Crime." The defendants and their lawyers used the trial as an organizing tool. Beyer, Gross, and Kronberg and the other defendants informed the court that it was necessary to resist an "immoral, illegal, racist, politically insane war on the Vietnamese people." The jury was unable to reach a verdict on several of the defendants but Bruce Beyer was convicted and received a three-year sentence.

At the second trial, Malak, Yates, and Berry angered the judge and others by raising their fists in power salutes when introduced to the court, guaranteeing a contentious atmosphere. Malak and Yates drew contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...

 citations for refusing to stand as the judge left for a recess. In the end, Berry and Kronberg were acquitted, but Malak and Yates were convicted. The jury was unable to arrive at a verdict on Jerry Gross
Jerry Ross (painter)
-Early Life and Work:He was born Gerald Gross to second generation Austrian-Jewish parents, Sidney and Jeanette Gross. The family moved to the suburbs . An art teacher recognized his talent and recommended that he be enrolled at the Art Institute of Buffalo, which he attended from age seven until...

 and the government decided to drop his case. Malak and Yates were sentenced to three years' imprisonment.

Reaction

The series of trials occupied the attention of the university and city. The Buffalo Nine Defense Committee was formed, publishing its own newsletter, Liberated Community News, out of the Urban Action offices, publishers of "The Buffalo Broadside" newsletter, as well as a printing facility for various student newspapers. In October this office was raided by Buffalo Police, based on an accusation that a foot patrolman had been threatened with violence, an action that drew protest from the Buffalo ACLU over police use of violence. During that raid six men were arrested, three on the street corner, and three inside the offices, and charged with various misdemeanors, all of which were later dropped or reduced to disorderly conduct. Of those arrested only Kronberg had any relationship to the Buffalo Nine.

A symposium in September drew New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 intellectuals such as Susan Sontag
Susan Sontag
Susan Sontag was an American author, literary theorist, feminist and political activist whose works include On Photography and Against Interpretation.-Life:...

.

When Beyer was convicted, the UB campus erupted into violent protests. Hundreds of students stormed the campus and set fire to buildings that housed a navy research project. Others entered Hayes Hall and climbed to the top of the bell tower and relentlessly rang its bells to be heard across the campus.

The nine

  • Bruce Cline, organizer, Buffalo Draft Resistance Union
  • Ray Malak, Chairman of the Research Action Committee of Students for a Democratic Society (SDS), Vietnam veteran
  • Thomas O'Connell, Vietnam veteran
  • Bruce Beyer, organizer, Buffalo Draft Resistance Union
  • James McGlynn, Vietnam veteran
  • William Berry, organizer, Buffalo Draft Resistance Union
  • Carl Kronberg, organizer, Peace and Freedom Party
  • Jerry Gross
    Jerry Ross (painter)
    -Early Life and Work:He was born Gerald Gross to second generation Austrian-Jewish parents, Sidney and Jeanette Gross. The family moved to the suburbs . An art teacher recognized his talent and recommended that he be enrolled at the Art Institute of Buffalo, which he attended from age seven until...

    , Chairman of Youth Against War and Fascism (YAWF) and Martin Sostre Defense Committee
  • William Yates, Students for a Democratic Society (SDS)


"What started out as a peaceful, non-violent demonstration against the war and the Selective Service System, ended in a violent fist-swinging melee. I maintain to this day that this was precisely what the government had in mind when it sent thirty-two police officers to arrest two draft resisters..." (Bruce Beyer)

source: The Spectrum, vol 28 No. 18 State University of New York at Buffalo 5 October, 1977

An article appeared in the Magazine Section of the Buffalo Evening News, December 18, 1988 with extensive detail about the case and also covering the 20-year reunion, in Buffalo, of some of the defendants.

External links

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