Lumbee Defeat KKK

Lumbee Defeat KKK

January 18, 1956
Battle of Hayes Pond

Following the 1954 Supreme Court decision of Brown v Board of Education, the KKK rededicated itself to keeping whites and non-whites separated. Grand Dragon James W. “Catfish” Cole led the South Carolina-based Knights of the Ku Klux Klan.

Lumbee Defeat KKK

Lumbee Tribe

Lumbee Defeat KKK

From the Lumbee Tribe site:  In 1885, the tribe was recognized as Indian by the State of North Carolina. The tribe has sought full federal recognition from the United States Government since 1888. In 1956, Congress passed the Lumbee Act, which recognized the tribe as Indian. However, the Act withheld the full benefits of federal recognition from the tribe.

Cole decided to use that federal recognition to rile up North Carolina whites telling them that the recognition would lead to the Lumbee as whites and intermixing with “real” whites.

Lumbee Defeat KKK

Cross burnings

From the Black Then site: January 13, 1958; led by Cole,  Klansmen burned a cross on the lawn of a Lumbee woman in the town of St. Pauls, North Carolina as “a warning” because she was dating a white man. Emboldened, he gave a strong speech denouncing the “loose morals” of Lumbee women and warning that “venereal disease” could be spread to the white population by their noted promiscuity. The Klan then struck at Lumbee men, burning a cross at a tavern frequented by the Lumbee. Cole denounced the Lumbee men as “lazy, drunken and prone to criminal activity.” The Klan then burned a cross on the lawn of a Lumbee family who had moved into a white neighborhood as a final warning for the Lumbee to remain in “their” areas.

Lumbee Defeat KKK


Lumbee Defeat KKK

On January 18, 1958, Cole, sensing success, organized a rally near Maxton, NC in a field near Hayes Pond thinking hundreds of supporters would arrive.

Approximately 50 to 100 came, but before the cross burning could begin, over 500 Lumbee attacked the Klan with rocks, sticks, and guns. The Klan fled. Four Klan members were wounded.

From Charlotte ActionThe state patrol, who had been waiting about a mile away, moved in when gunfire broke out. Sheriff McLeod, who later said he didn’t want to be accused of defending the Klan by showing up early, helped find lost Klansmen in the bushes and directed them out of Robeson County. He also booked one Klansman for public drunkenness — the only arrest that night.

Charlie Warriax and World War II veteran Simeon Oxendine were shown wrapped in it in Life magazine photos.

Lumbee Defeat KKK


Lumbee Defeat KKK

The Lumbee celebrated and two of them, Charlie Warriax and World War II veteran Simeon Oxendine, wrapped themselves in the KKK banner.  Life magazine had a picture of the two as well as other photos.

From the North Carolina Museum of History: Later arrested for inciting a riot, Cole appeared before Lacy Maynor, the sole Indian judge in Robeson County. The Klan leader was convicted and sentenced to a year in prison. 

On March 25, 1959, the North Carolina Supreme Court upheld the lower court’s decision.

Lumbee Defeat KKK

Malvina Reynolds

Malvina Reynolds wrote “The Battle of Maxton Field” and included it on her 1967 album, “Malvina Reynolds Sings the Truth.”

The lyrics to the song include:

The headlights shone, the Klansmen stood
In circle brave and fine,
When suddenly a whoop was heard
That curdled every spine,
An Indian youth with steely eyes, 
Sauntered in alone, 
He calmly drew his shootin’ iron
And conked the microphone.

Another shot, the lights went out,
There was a moment’s hush, 
Then a hundred thousand Lumbee boys
Came screaming from the brush. 
Well, maybe not a million quite,
But surely more than four, 
And the Klansmen shook from head to foot
And headed for the door.

Lumbee Defeat KKK


Cole died in a traffic accident in July 1967.

On July 5, 2018, after asking permission of the tribe,  students from the University of North Carolina Pembroke erected an historical marker in Maxton, North Carolina, to commemorate the battle.

The Lumbee Tribe has still not received full tribal recognition from the federal government.

Lumbee Defeat KKK
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Elliot Gino Cahn

Elliot Gino Cahn

Elliot Gino Cahn
Screen grab

Elliot Gino Cahn was a founding member of Sha Na Na and played rhythm guitar for them from 1969–1973. That obviously included the Woodstock Music and Art Fair performance just before Jimi Hendrix closed the festival.

And while his performance career ended after that 1973 departure, he went back to school and eventually became a lawyer, he did not leave music completely, just the stage.

Elliot Gino Cahn


In 1977 he received his Bachelor of Arts/Political Science. In 1981, his JD, Law as well as a Masters of Arts from University of California, Berkeley.

He opened his own law office in 1985 and his path since then, as mentioned above, has often included music as well as film.

For example from January 1995 to January 1997 he served as co-president and CEO of (510) Records, a joint venture label with the Universal Music Group.

During that same time and after, he managed numerous acts included Green Day.

Elliot Gino Cahn

Sha Na Na

It is difficult, I suppose, for someone who performed at such a famous event to remain anonymous. I also suppose for someone who performed at such a famous event that the occasional recognition is welcome.

From a 2009 Fandom blog entry: Back in June, I was surprised to see a request from Elliot “Gino” Cahn…. He asked if anyone had any access to a copy of a television special entitled “Good Vibrations from London” which starred the Beach Boys and Sha-Na-Na, among others. While I don’t have a copy in my archives, I felt that this was a golden opportunity. I figured if I could do me a favor, he would do me a favor and autograph my poster. I replied to his e-mail, privately, and told him where he might be able to find a copy. I also asked him if he would sign my poster for me. Elliot Cahn is interesting man. After he left Sha-Na-Na, he moved to the Bay Area and went back to school at the University of California at Berkely where he studied law. Eventually he married his love of music and his love of the law to be an attorney for such groups as Primus, The Offspring, and Rancid to name a few. He also served as Green Day’s first manager until they broke big with the “Dookie” album. I sent out my poster to him and he very quickly signed it and returned it to me. 

And an occasional reunion can happen, too. 2010 at Hofstra University. His comments, “ This is a delight; I left in 1973. The last two times I sang in public were at memorial services for friends of mine who died.

Elliot Gino Cahn


Nowadays, his firm is Cahn & Saltzman, LLP and under their name it reads, “We Know Music & Entertainment Law.”

They go on to say, “And we’ll have your legal and management needs handled and your backs covered all the time, all the way.

Don’t spend precious time worrying about things–spend it making and creating what you’re good at!

Elliot Cahn speaks to a group about copyright and music:

Elliot Gino Cahn
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Tenor Dave Garrett

Tenor Dave Garrett

Dave Garrett is not David Garrett (born David Bongartz, 1981 sept 4 in Aachen, Germany),  a classical violinist and recording artist, though a Last FM link  for Sha Na Na article suggests that.

Woodstock Dave

This Dave Garrett was a vocalist with Sha Na Na and performed with them at Woodstock.

At the time, Rolling Stone magazine said that he was from Brooklyn and the “…first tenor…majoring in electrical engineering, due to a masochistic philosophy.” 

Tenor Dave Garrett

Bendix Mouldings

He also, according to his bio at the Sha Na Na dot com site, “owned Bendix Mouldings for 35 years and has recently retired splitting his time between New York and Florida.

Dave was with the band from its inception in 1969 and only through 1970.

On June 3, 2016 eleven of the dozen Woodstock performers were part of the Columbia University Alumni weekend celebration. Member Frederick “Dennis” Greene had died  in 2015.

A George Leonard site article described Dave Garrett as “…a mountainous figure with a pure tenor.”

Here he is doing “Little Darlin’.”

Tenor Dave Garrett

Earth Sound

Tenor Dave Garrett

A Revolvy site article states that Garrett, “ran Earth Sound Research, a Long Island-based musical instrument amplifier company, during the 1970s.” The Farmingdale company closed in the early ’80s.  It may have closed because of  its use of very similar design to Peavey amps.

Tenor Dave Garrett

2016 gig

Hofstra University celebrated its 75th anniversary in 2016 and Sha Na Na was there as part of that celebration.  The San Diego Tribune has a picture of members rehearsing for that gig


If anyone has anything more about Dave, please comment. He deserves more than a few links that all seem to end with that he is in business in New York City.

Methinks there’s more.

Tenor Dave Garrett
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