Martha Brinson’s screams tore through the Pullman car, jolting passengers awake in the middle of the night. Moments later, she was dead — murdered in berth 13.
The killer was on the train from Oregon to Los Angeles. But I don’t believe it was Robert E. Lee Folkes.
Wartime paranoia and racism made Folkes the perfect suspect. Black. Working class. Union agitator. Southern Pacific’s second cook. From the moment Martha’s body was discovered, Folkes was railroaded — literally and figuratively.
He worked long shifts in the dining car, sweating over a hot stove, under constant supervision. The train’s conductor later testified there was no opportunity for him to sneak away, let alone murder a woman in her sleep. A physical exam found only flour and grease beneath his fingernails — not blood.
But Folkes was Black. In 1943, that wasn’t a description. It was an indictment.
And he wasn’t just Black. He was political. His father died in the 1920s during the violent white backlash against Black sharecroppers organizing in the Arkansas Delta. His mother, Clara, fled with her children to South Central Los Angeles, chasing safety that never fully arrived.
Folkes grew up in the shadow of that violence. He got his education, then joined Southern Pacific — one of the few decent-paying jobs open to Black men. He started as a fourth cook. He worked hard, and rose to second cook.
By 1942, he was a problem. The company assigned thugs to follow him. They didn’t forget. But Folkes kept pushing, and by January 1943, he’d earned the position of second cook — a step up, despite the pressure from above and below.
So, when Martha Brinson was found dead, the company didn’t have to look far. Despite the pressure, the surveillance, the threats — he remained unbroken. And that made him dangerous.
The detectives dragged him off the train. Stripped him. Locked him in a lavatory. Grilled him through the night. No lawyer. No charges. No real evidence.
Meanwhile, one passenger should have raised every red flag. Harold Wilson, a Marine, had the berth directly above Martha. He was the first to discover the body. He was found with her blood on his clothes. But Wilson wore khaki — and in 1943 America, that was a get-out-of-jail-free card woven into the uniform.
He wasn’t questioned, nor was he detained even though witnesses saw him crawl in and out of his berth. He acted suspiciously. Yet the investigation stayed focused on Folkes.
The trial was a farce. It was never intended to get justice for Martha, the twenty-one-year-old newlywed so callously murdered. The prosecution showed no regard for her as a person. Her death became leverage.
Wilson testified for the prosecution; but he faltered when asked if he could positively identify Folkes. The newspapers labeled Folkes a “zoot-suit wearing negro” — dog-whistle journalism dressed up as coverage. He was never just a suspect. He was a symbol. And symbols don’t get acquitted.
Despite inconsistencies, the unsubstantiated confessions, and a case built more on fear than fact, the jury — nine women, three men — delivered a verdict. Guilty. In Oregon, that meant death.
In 1945, Folkes was hanged. Wilson walked into obscurity.
Welcome! The lobby of the Deranged L.A. Crimes theater is open! Grab a bucket of popcorn, some Milk Duds and a Coke and find a seat. Tonight’s feature is WITHOUT WARNING, starring Adam Williams, Meg Randall, and Edward Binns.
The movie is entertaining, but it is the Los Angeles locations that make it worth watching. Below are a few you should look for. Enjoy the movie!
IMDB says
Carl Martin is a morose and deranged Los Angeles gardener, who, in retribution for the infidelity of his unfaithful wife, sets about to kill as many blondes as he can. From the time the film opens, to the sound of a radio turned up full-blast over the still-warm corpse of a blonde, the audience knows the identity of the killer. The film depicts, with documentary realism (as it was shot on location in and around Los Angeles), how the police, using laboratory techniques against the few clues they have, track down Martin.
(Foot pursuit of freeway interchange. Officially the Bill Keene Memorial Interchange, this is the four level Interchange of Arroyo Seco Parkway, Harbor Freeway, Santa Ana Freeway and Hollywood Freeway. Completed in 1949 and fully opened in 1953 at the northern edge of Downtown Los Angeles)
The case against Robert E. Folkes unfolded against a tense backdrop of wartime fear, racial prejudice, and rising public paranoia. The press inflamed the tensions, describing Folkes as a “zoot-suit wearing negro,” a phrase loaded with menace, meant to reduce him to a caricature and paint him as capable of slashing the throat of 21-year-old newlywed Martha James.
District Attorney L. Orth Sisemore questioned the Black trainmen on board when the train stopped in Klamath Falls, Oregon. Southern Pacific Railroad detectives zeroed in on Folkes. Somewhere between Klamath Falls and Dunsmuir, California, on the night of January 22-23, they pulled him into a men’s lavatory, stripped him, and interrogated him through the night. They released him only for his shifts in the dining car. They treated the sleep-deprived and humiliated man as the prime suspect, even though they did not arrest him.
Not everyone on the train believed in Folkes’ guilt. The conductor stated Folkes couldn’t have committed the murder. According to him, the configuration of the diner and Folkes’ workload made it impossible. He pointed instead to another passenger—Harold Wilson, a white Marine who had occupied the berth above Martha’s. Given his proximity to the victim, Wilson should have been a suspect. Instead, they treated him as a material witness and quietly removed him from suspicion.
When the train arrived in Los Angeles on January 23rd, LAPD detectives took Folkes into custody. He was sleep-deprived, unrepresented, and vulnerable. They bounced him between Central Jail and Police Headquarters, questioned him without legal counsel. LAPD officers phoned Linn County District Attorney Harlow Weinrick in Oregon to report that Folkes had cracked.
But in every official statement before the supposed confession, Folkes had denied guilt. He did not sign or review the alleged confession. The investigators did not record it; the lawyer did not witness it; it seemed coerced.
LAPD’s interrogation practices at the time weren’t just aggressive — they were dangerous. Coercion took many forms: physical abuse (beatings), psychological pressure (threats against family, exploiting a suspect’s fear of mob violence or racial prejudice), or improper inducements (offering alcohol, sexual access, or other rewards). Days earlier, the department faced scrutiny after Stanley Bebee, a 44-year-old accountant, died following a brutal beating in custody for public intoxication. The jury acquitted the officers. However, the case highlighted the LAPD’s violent methods.
Although the Folkes investigation showed no proven evidence of bribery or case-fixing, the environment surrounding his interrogation was badly compromised. Some interrogators used coercive tactics, custody chains were blurred, and courtroom conduct varied from irregular to unethical. It is easy to conclude that the LAPD mistreated Folkes while he was in custody.
There was no physical evidence linking Folkes to the crime. No eyewitness identified him. But the so-called confession was enough for an arrest. Initially, Folkes refused to waive extradition to Oregon. But during arraignment before Judge Byron Walters, he relented and agreed to return north for trial.
On the night of January 29, 1943, accompanied by Sheriff Clay Kirk of Linn County and two Southern Pacific special agents, Folkes boarded a train for Albany.
His trial began in April. The jury of eight women and four men was unusual. In Oregon, women could serve only if they filed a written declaration, making their presence more striking. Their makeup may have influenced how testimony was weighed.
The state’s only link between Folkes and the murder was the testimony of Harold Wilson—the Marine who had been in the berth above Martha. His description of the suspect was vague: “a swarthy man in a brown pinstriped suit.” He never identified Folkes. And witnesses saw Folkes in the kitchen, dressed in his work clothes, minutes after the murder occurred. The police never found a brown pin-striped suit.
Though the defense objected, the court admitted two alleged confessions into evidence. Many red flags riddled both confessions. On April 16, LAPD Lieutenant E. A. Tetrick testified Folkes gave an oral confession after officers brought him a pint of whiskey and let him visit his common-law wife, Jesse. Circuit Judge J.G. Lewelling called the practice “reprehensible,” though he insisted Folkes was sober and in “full possession of his faculties.”
Dr. Paul De River—LAPD’s controversial police psychiatrist—later infamous in the Black Dahlia case, testified that he spoke with Folkes after the confession. According to De River, Folkes “may have had a drink or two,” but was not intoxicated. No one asked how he had reached that conclusion. De River also reported no physical injuries on Folkes’ body and described him as “in good physical condition.”
Robert E. Lee Folkes consults with his defense attorney, Leroy Lomax, left, as his friend and adviser William Pollard, right, looks on. (Image: Oregon Journal)
On cross-examination, Folkes’ attorney, Leroy Lomax, asked if De River had referred to Folkes as an exhibitionist. De River replied, “I might have said that.”
The defense rested its case on April 20, 1943.
The jury began deliberations but returned to the judge saying they couldn’t reach a verdict. He ordered them to continue and provided army cots for them to sleep on inside the courthouse. After thirty hours of deadlock and courtroom drama, the jury filed in at 3:13 p.m. on April 22. Their verdict: guilty of first-degree murder. Death was mandatory.
“I know it was a fair and impartial trial,” Folkes said afterward. “I’m sorry the jury thought I did it, as I didn’t, and I’m sorry my mother and Jesse had to go through this.”
In a letter to his mother, Clara, he was more candid:
“I was not convicted on evidence. I was convicted through prejudice.”
Folkes added: “I truly believe that I could take any one of those jurymen that convicted me, or even the judge who heard the case, and on the same grounds, either one of those people could be placed in front of a Negro jury and convicted. Of course, this incident will never happen, but I assure you it is amazing what prejudice can do.”
On November 5, 1944, a group of Los Angeles clubwomen formed the Robert Folkes Defense Club and pledged to raise $2,000 to bring his case to the U.S. Supreme Court. The court declined to hear the appeal on November 23.
Lomax worked tirelessly, appealing to the Governor of Oregon to commute the sentence to life. The governor refused.
On January 5, 1945, at 9:13 a.m., Robert E. Folkes died in Oregon’s gas chamber for a crime he insisted he did not commit.
NEXT TIME: In the conclusion of “The Lower 13th Murder Case”, we’ll examine the case more closely—and ask whether wartime prejudice condemned an innocent man.
