Jurisdictional Statement on Behalf of the Smallwood Appellants

    SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1956

No. 53

WILLIAM EARL FIKES, PETITIONER,
vs.

STATE OF ALABAMA

OST WRIT OF CERTIORARI TO THE SUPREME COURT OF STATE OF
ALABAMA

INDEX
Original Print

Record from the Circuit Court of Dallas County, Ala­
bama ........................................................................................ 1 I

Caption .....................................(omitted in printing). . 1
Indictment .......................................................................... 1 1
Arraignment .......................................................................  1 2
Special venire drawn and allowed................................... 2 3
Motion to quash indictment............................................. 4 4
Motion to quash venire.....................................................  10 8
Amendment to motion to quash venire..........................  12 10
Judgment ...........................................................................  13 11
Sentence .............................................................................. 14 12
Given charges .....................................................................  15 13
Motion for  a new trial.......................................................  25 19
Judgment o f the Court on motion for new trial..........  29 24
Transcript o f testimony on motions...................................  30 25

Appearances ..............................................   30 25
Colloquy between Court and counsel......................  34 25
Testimony o f Arthur Morrison P it t s -

Direct ......................................... 35 27
Cross ......................................... 37 30
Redirect ..................................... 38 31
Reeross ....................................... 40 33
Redirect ..................................... 40 34
Recross ....................................... 42 36

Judd & Detweilee (Ino.), Pbintbrs, W ashington, D. C., A ug. 27, 1956



11 INDEX

Record from the Circuit Court of Dallas County, Ala­
bama— Continued

Transcript of testimony on motions— Continued
Testimony of— Continued

McLean Pitts— Original
Direct ......................................... 42
Cross ......................................... 43

Thomas G. Gayle—
Direct ......................................... 44
Cross ......................................... 45
Redirect ..................................... 45
Recross ....................................... 46

William B. Craig—•
Direct ......................................... 47
Cross ........................................... 47

M. Alston Keith—
Direct ......................................... 48
Cross ..........................................  49

Harry W . Gamble—
Direct ......................................... 49
Cross ..........................................  50

Royal Randolph Smith—
Direct ........................................  50
Cross ...............................................  51

Edgar A. Stewart—
Direct .............................................  52
Cross .............................................  53

B. Valentine Hain—
Direct .............................................  55
Cross ......................................... 56

Chambliss Keith—
Direct .............................................  56
Cross .............................................  57

John Randolph Smith—
Direct ............................................. 57
Cross .............................................  58
Redirect .........................................  58

Archie T. Reeves—
Direct ............................................. 58
Cross .............................................  60
Redirect .........................................  61

James A. Hare—
Direct ......................................... 61
Cross .............................................  63
Redirect .........................................  64

John P. Purniss—
Direct .............................................  65
Cross .............................................  66
Redirect .........................................  67

Wallace H i l l -
Direct .............................................  68

Print
36
38

39
40
41
42

43
44

44
46

47
48

48
49

50 
52

52
54

54
55

55
57
57

58 
60 
61

61
64
65

67
68
69

70



INDEX m

Record from the Circuit Court of Dallas County, Ala­
bama— Continued

Transcript o f testimony on motions— Continued 
Testimony of— Continued

C. C. Thomas—- Original Print
Direct ........................................ 77 83
Cross ......................................... 85 95

Kenneth M. Harper—
Direct ........................................ 87 97

Wallace Hill (recalled)—
Direct ...................................... 93 107
Cross ......................................... 94 108
Redirect .................................... . . 97 113

Mrs. Pauline K. Barnes—
Direct ...................................... 101 114
Cross ......................................... 102 115
Redirect .................................... 103 117
Recross ...................................... 103 117

W. C. McCain—
Direct ...................................... 104 118
Cross ........................................ 108 123
Redirect .................................... 109 125
Recross .................................... 110 127

Kenneth M. Harper (recalled)—
Direct ........................................ 116 127
Cross ......................................... 117 128
Recross .................................... 120 130
Redirect .................................. 120 131
Recross .................................... 122 132

C. D. Scott, 2nd—
Direct ........................................ 290 133

Wallace Hill (recalled)—
Direet ........................................ 311 137
Cross ........................................ 334 155
Redirect .................................. 336 158

C. C. Thomas (recalled) —
Cross ........................................ 345 159

H. C. Reed (recalled)—
Cross ........................................ 346 160

Kenneth M. Harper (recalled)—
Direct ...................................... . 348 161
Cross ........................................ 857 165
Redirect .................................... 357 166
Recross .................................... 362 168

W. C. McCain (recalled)—
Direct ...................................... 367 169
Cross ........................................ 375 170
Reeross .................................... 388 174
Redirect .................................. 389 176

Mrs. Pauline K. Barnes (recalled) - 
Direet ...................................... 409 177



IV INDEX

Record from the Circuit Court of Dallas County, Ala­
bama— Continued Original Print

Transcript of testimony on jury1 trial ..........................  526 180
Colloquy between court and counsel......................  528 180
Testimony of Mrs. Jean Heinz Rockwell—

Direct ........................................  531 181
J. Wilson Baker—

Direct ........................................  553 188
Cross ........................................  557 194
Redirect ....................................  565 204
Cross ......................................... 566 206
Redirect ....................................  569 209
Recross ......................................  569 210

Ed W. Mullen—
Direct ........................................  575 218
Cross ............  575 219
Redirect ....................................  579 224
Cross ......................................... 5180 224
Redirect ....................................  580 225
Recross ......................................  580 225

J. Wilson Baker (recalled) —
Direct ........................................  581 227
Cross ........................................  582 228
Redirect ....................................  583 229
Recross ......................................  583 229

State’s Exhibit 3— Excerpt from tape recording 
of conversation between Captain J. Wilson
Baker and the defendant ....................................  585 232

Testimony of J. Wilson Baker—
Redirect ....................................  590 237
Cross ........................................  595 241
Redirect ....................................  603 250
Recross ....................................  606 255

Plaintiff’s Exhibit 1— Confession of William
E. Fikes ................................................................. 609 259

Testimony of Mrs. Deloris Stenson—
Direct ........................................  617 263

Mrs. Claude Binford—
Direct ........................................  626 264
Redirect ....................................  628 265
Recross ......................................  629 266

W. D. Bailey—
Reeross ......................................  631 266
Redirect ....................................  633 269
Recross ......................................  634 269
Redirect ....................................  634 270
Recross ......................................  634 270

Thomas H. Home—
Direct ........................................  640 271



Record from the Circuit Court of Dallas County, Ala­
bama— Continued

Transcript of testimony on jury trial— Continued 
Testimony of— Continued

Brady Bamburg—  Original Printt
Direct ........................................  657 275
Cross ......................................... 662 278
Redirect ....................................  665 280

Dr. Willis Edgar Lewis—
Direct ........................................  682 282
Cross ........................................  '685 286

Dr. Gordon C. Looney —
Direct ................ ' ....................... 686 287
Cross ......................................... 690 291

Dr. Alan P. Smith, J r . -
Direct ........................................  694 292

Willie Pikes—
Direct ......................................... 702 298
Cross ......................................... 705 302
Redirect ....................................  706 304
Recross ......................................  707 305

Irene Pikes—
Direct ........................................  708 306
Cross ......................................... 709 307
Redirect ....................................  709 308

Mrs. Gladys Chambliss—
Direct ........................................  724 309
Cross ......................................... 727 312
Redirect .............   729 314
Reeross ......................................  729 315

C. P. Burford—
Direct ........................................  733 320
Cross ..........................................  735 323

Defendant’s Exhibit E— Newspaper article........  738 327
Testimony o f C. P. Burford—

Cross ......................................   739 328
Redirect ....................................  744 331
Recross ....................................  744 331
Redirect ....................................  745 332
Reeross ......................................  745 332

Colloquy ..................................................................... 796 333
Verdict ....................................................................... 796 333

Proceedings in the Supreme Court of Alabama..................  803 335
Assignment of errors ............................................................... 803 335
Opinion, per curiam ................................................................. 806 337
Opinion, concurring specially, Lawson, J. ..........................  820 337
Judgment of affirmance ........................................................... 821 353
Motion for rehearing ............................................................... 823 354
Order denying rehearing ..............................................  826 354
Order extending time to file petition for writ o f certiorari. 833 355
Order granting motion for leave to proceed in forma 

pauperis and petition for writ of certiorari....................  835 355

INDEX V



1

[fol. 1] [Caption omitted]

IN CIRCUIT COURT OF DALLAS 
COUNTY, ALABAMA

No. 8072

T h e  S tate of A labam a ,

vs.
W il l ia m  E arl F ikes

I n d ictm en t— Filed November 12, 1953 
# # * * # * #

The Grand Jury of said County charge that before the 
finding of this indictment William Earl Fikes did, in the 
nighttime., with intent to ravish, break into and enter the 
inhabited dwelling of Almon S. Rockwell which was occu­
pied by Jean Heinz Rockwell, a person lodged therein.

Against the peace and dignity of the State of Alabama.
James A. Hare, Solicitor of 4th Circuit.

Grand Jury No. 43: The State of Alabama vs. William 
Earl Fikes; Charge: Burglary, 1st degree; No Prosecutor; 
Witnesses: Jean Heinz Rockwell, W. D. Bailey, J. W. 
Baker, W. M. Ware, W. L. Sowell, Auburn, Ala., C. P. Bur- 
ford, Kilby.

A True Bill, John P. Furniss, Foreman of the Grand 
Jury.

[File endorsement omitted]

1—53



2

I n  C ircu it  C ourt o r  D allas  C o u n ty , A labam a  

A rraignm ent

The Defendant and Ms Attorneys, Peter A. Hall and 
Orzell Billingsley, Jr. being in open Court and defendant 
being duly and legally arranged, pleads “ Not Guilty,”  
and not guilty by reason of insanity, whereupon it is or­
dered by the Court:

1. That Monday, the 7th day of December, 1953, be and 
the same is hereby set for the trial of this case.

2. That the Sheriff summon 3 Jurors for the trial of this 
case, including the regular 75 Jurors drawn for the week 
of the trial.

3. That the names of 3 Jurors be drawn from the Jury 
B on, who, together with the 75 regular Jurors drawn for 
the week in which this case is set for trial, shall be those 
[fol. 2] allowed for the trial of this case, and thereupon 
the Presiding Judge of said Court in open Court in the 
presence of the Defendant and his Attorney, in accordance 
with the law in such cases made and provided, drew from 
the Jury Box of Dallas County, Alabama, the names of 3 
Jurors to complete the Venire fixed and allowed for the 
trial of this case.

4. That a list of all said Jurors, regular and special, to­
gether with a copy of the indictment be forthwith served 
on the Defendant by the Sheriff.

The names of the said 3 special jurors drawn for the 
trial of this case, are as follows, to-wit: 1. Eddie Hood, 2, 
Woodrow W. Long, 3. Robert K. Neville.



3

I n  C ircu it  C ourt of D allas C o u n ty , A labam a

[Title omitted]

S pecial V en ire  D raw n  and  A llowed

No. Name
1—  Arthur A. Pitts
2—  George E. Jones
3—  Edwin Browning
4—  Thomas J. Smith
5—  H. C. Plummer
6—  John T. M'oore
7—  A1 Smith
8— John Phillips

9— Willie Smith
10— Jesse H. Norris
11—  Clarence W. Eastep

12— Nat G. Rudolph
13—  John A. Lockett

14—  Gordon A. Giraud

15—  John P. Peake

16—  Ralph Stoudenmire
17—  W. D. Powers

18—  Cecil C. Jackson

19—  Morgan Barnes
20—  Chester 0. Porter, Jr.
21—  J. Douglas Phillips

22—  Carroll E. Jackson

23—  Jack C. Brown
24—  Clyde Pardue
25— W. Drury Caine
26—  Davis R. Gamble

27—  John Henry Roberts
28—  James Siegler
29—  Chester B. Rainwater
30—  H. M. Story

31— N. Gillis Cammack
32—  Robert Jones
33—  James L. Walsh
34— William T. Whiten
35—  Young Childers
36—  Vester R. McKinney,

Sr.
37—  H. A. Waites
38—  S. E. Hopkins
39—  Earl C. Day

Occupation 
RR Exp. Co. 
County Engineer 
Parmer 
R. L. Zeigler 
Farmer 
Parmer 
Farmer 
I. Lewis Cigar 

Co.
Parmer 
Sou. R. R. 
Eastep-Haisten 

Realty Co. 
Postoffice 
Smith Auto 

Service 
Selma Tire 

Service
Rawls Machine 

Co.
Bartons 
City National 

Bank
Jackson Cloth­

ing Co. 
Mechanic 
I. Kayser & Co. 
Stewart, King,

& McKenzie 
Craig Field

Grocer 
Parmer 
Dairyman 
Selma National 

Bank 
Parmer
Cont. Pulpwood 
Sou. RR 
Farmer

Parmer

Salesman
Mgr.

Res. Address 
632 Union 
902 Lauderdale 
Tyler
225 Alabama Ave.
Orrville
Burnsville
Orrville
814 Lapsley

Sardis-Kings 
1907 Tremont 
711 Lapsley St.

Rt. 2
Alabama Ave.

2505 Water

1109 5th Ave.

1901 Tremont 
713 Pettus

118 Union

1500 Washington 
223 Hooker St.
409 King Street

201 Lamar St., 
Selma

313 Parkman 
Summerfield 
618 Union

Browns 
Plantersville 
1524 Broad 
Montgomery 

Hiway 
6 Union 
629 Tremont 
2100 Lauderdale 
Rt. 2
Rt. 2, Box 214 
219 Lapsley

2911 Ala. 
Selmont 
1836 Broad

Bus. Address

W. A. Cain & Son

Montgy. Hiway

Auto Parts Co.

Selma Tin Shop 
Sou. R. R.
Rt. 2, Box 214 
Barber

Hanna Mfg. Co. 
Texas Co.
Day Mtr. Supply Co.



4

f fo l .  3]
No. Name Occupation Res. Address Bus. Address
40— John Willey Farmer Rt. 3, Selma 

Burnsville
Rt. 3, Selma

41—Tyler Moore Farmer Burnsville
42— Howard Smitherman 2713 Alabama Sou. R. R.
43— Tom Waller 513 Pettus Dry Cleaner
44— J. L. Tackett Farmer Harrells
45—Wm. K. Smith Farmer 126 Mechanic
46— H. Sam Paisley 619 Alabama Sou. R. R,

47—-Charlie Raseoe, Jr. Farmer
Ave.

Harrells
48— Alex F. Farris, Jr. 11 Cedar Dr. Sou. R. R.
49— Donald M. Russell 716 Dallas Pattillo & Russell
50— Rexford A. Watson 26 BL NBF 

Homes 
Rt. 1, Selma

Boston Bargain Store

51— Douglas Harris Farmer Rt. 1, Selma
52— R. D. Browning, Jr. Farmer Pleasant Hill Pleasant Hill
53— Osburn L. Green 408 Tremont Ames Bag Co.

(Jack)
54— Crawford E. Cochrane 33 Water City Produce Co.
55— Sam W. Lumpkin 802 7th Ave. Sears, Roebuck & Co. 

Ryall Dist. Co.56— James Ryall 802 7th Ave.
57—Lucien M. Rountree Electrician 801 Pettus
58— Leonard 0. Murphy Lakeview Ave. Mott & Murphy
59—Win. H. Plant, Jr. Dallas Ave. Selma Stat. Co.
60— G. R. Rentz, Jr. Farmer Marion Jet. Marion Jet.
61—Percy G. Wood 627 Ala. Insurance
62— Hinton Moore Farmer Marion Jet. Marion Jet.
63— James D. MeCutcheon 1112 Primrose Miller & Co.
64— George J. Harrison Pers, Dir. NBF Homes Craig Field
65— Jerome E. Siegel, Jr. Finance Co. Houston Pk. Commercial Sec. Co.
66—  Richard McCain
67—  J. Lewis Hadaway 145 Water

McCain Dairy 
Nesbitt Bottling Co.

68—W. E. McCullough 601 Tremont Driggers Mtr. Co.
69— Cecil 0. Leach, Jr. 7 Young St. Hohenberg Bros.
70—Wilson W. Hughes Young St. Standard Glass Co.
71—Washington Goodwin 407 Bluff St. Valley Creek Stables
72— J. Otis Hicks 903 3rd Ave. Cloverleaf Creamery
73—Walker O. Hooks 2223 Ala. Sou. R. R.
74—M. Woods Culpepper Logger Rt. 1, Selma Rt, 1, Salem
75— James P. Dattillo 1215 5th'Ave. Sou. R. R,

# * *

[ fo l . 4] 1st C ircu it  C ourt or D allas C o u n ty ,
A labam a

M otion t o  Qu ash  I n d ictm e n t— Filed November 19, 1953

Now comes the defendant, William Earl Fikes, and re­
spectfully moves this Honorable Court to quash the in­
dictments returned in the above causes and to hold the



5

same for naught; and in support of said Motion alleges 
the following, to-wit:

1. For that defendant is a member of the Negro race 
and a citizen of the State of Alabama, and of the United 
States of America, and was at the time the Grand jury 
of Dallas County, Alabama returned the indictments in the 
above cause on to-wit, the 12th day of November, 1953, and 
for many years prior thereto, and at the present time, 
Negroes were, and are systematically excluded from Grand 
Juries organized in said County and State, solely because 
of their race or color; or are discriminated against in the 
organization of Grand Juries in said County of said State 
solely because of their race or color in that no members of 
said race, or a mere token number, are included on the 
jury roll or have their names placed in the jury box; or if 
such names are placed on the jury roll or in the jury box, 
they are not drawn for service on any Grand Jury; or if 
they are drawn, they are not listed, thereby denying to 
defendant due process, and equal protection of the laws 
guaranteed him by the Constitution and laws of the State 
of Alabama, and the Fourteenth Amendment to the Con­
stitution of the United States of America.

2. Defendant avers that no Negro served on the Grand 
Jury which returned the aforesaid indictments against him 
in this cause, nor has any Negro served on a Dallas County, 
Alabama Grand Jury in modern times.

3. Defendant avers the existence of a system, or practice, 
or custom, in the drawing or organization of Grand Juries 
to serve in Dallas County, Alabama, designed to totally 
exclude Negroes from service on such Grand Juries, or to 
discriminate against Negroes solely on account of their 
race or color, contrary to the Constitution and Laws of 
the State of Alabama, and the Fourteenth Amendment to 
the United States Constitution.

4. Defendant avers that at the time the Grand Jury re­
turned the indictments in the above cause, according to the 
17th Decennial Census of the United States, its Terri­
tories and possessions for 1950, published by the United 
States Department of Commerce, Bureau of the Census, 
of which the Courts of Alabama take judicial notice, 
the white male population of Dallas County, Alabama,



6

between tbe ages of twenty and sixty-fonr years, num­
bered 5583, and tbat the Negro male population of said 
County between the ages of twenty and sixty-four years 
numbered 6772, and further that the total white male 
population of said County over the age of twenty years 
numbered 6200, and the total Negro male population of said 
County over the age of twenty years numbered 8200; and 
defendant avers further that the great majority of the 
aforesaid Negro males are native born citizens of Dallas 
County, Alabama, householders and freeholders in said 
County and State, generally reputed to be honest and in­
telligent men, esteemed in the community for their integrity 
[fol. 5] and good character and that they are not habitual 
drunkards nor afflicted with disease or physical weakness 
as would disqualify them to discharge the duties of grand 
jurors, and that they otherwise possess all of the qualifica­
tions and none of the disqualifications set out in the Consti­
tution and Laws of the State of Alabama and the United 
States which govern the selection and service of Grand 
Jurors, yet the jury commission failed or refused to place 
on the jury roll and in the jury box the names of such 
Negro male citizens of Dallas County, Alabama and that at 
the time of said indictment and at the present time, the 
jury roll of said County contains less than two per cent of 
the names of the total number of Negro males eligible, 
under the Constitution and laws of the State of Alabama, 
and of the United States, for jury duty in said County. 
Defendant avers further that the method of selection of the 
names of Negroes to be placed on the jury roll and in the 
jury box of Dallas County, Alabama, by the jury commis­
sion, is highly irregular and arbitrary and contrary to the 
method prescribed by the Constitution and laws of the 
State of Alabama, and of the United States, thereby de­
priving defendant of rights guaranteed him by the Con­
stitution and laws of the said State of Alabama, and by the 
Constitution of the United States of America, especially the 
Fourteenth Amendment to the Constitution of the United 
States, guaranteeing to defendant due process of law and 
the equal protection of the laws, and said indictments are 
void.

5. Defendant avers that members of the Negro race are,



7

solely because of their race or color, arbitrarily, intention­
ally and systematically excluded in the selection of per­
sons for Grand Jury duty, in that the great majority of 
those qualified for service in Dallas County, Alabama, are 
not included on the jury roll, or if included on said roll, 
their names are left out of the jury box, or if put in the 
box and drawn, they are not listed for service, and that 
because of the aforesaid practices, no Negro has served on 
a Grand Jury in Dallas County, Alabama since the days of 
reconstruction, or certainly not in modern times, and de­
fendant avers that the Grand Jury which returned the 
aforesaid indictment against him was organized according 
to and in keeping with the aforesaid practice, thereby 
depriving defendant of the due process and equal protec­
tion of the laws, guaranteed to him by the Constitution and 
laws of the State of Alabama, and the Constitution of the 
United States of America.

6. Defendant avers that he was indicted by a Grand Jury 
of Dallas County, Alabama, on to-wit the 2nd day of June, 
1953, for the same alleged offenses considered by the pres­
ent Grand Jury; that on the 28th day of September, 1953, 
in case No. 8009 he filed his motion in this Honorable 
Court to quash one of said indictments, and as grounds 
for said motion alleged irregularities in the organization 
of the said Grand Jury, and denial of due process and equal 
protection of the laws guaranteed defendant by the Con­
stitution and laws of the State of Alabama, and the Con­
stitution of the United States; that after a hearing of the 
said Motion, this Honorable Court, on to-wit, the 9th day 
of October, 1953, granted the said Motion and quashed the 
said indictments; and defendant avers that the present 
[fols. 6-9] Grand Jury, which returned the indictment 
herein, against defendant, was organized according to the 
same, or substantially the same, arbitrary, irregular un­
lawful and unconstitutional methods, rules, customs and 
practices alleged and proved on the hearing of the afore­
said motion, and that if said indictment is allowed to stand, 
he will be deprived of his rights as guaranteed by the Con­
stitution and Laws of the State of Alabama, and the Four­
teenth Amendment to the Constitution of the United States 
of America.



8

Wherefore, the defendant prays that this Court will take 
notice of this, his motion to quash the indictments in the 
abovesaid causes, and that your Honor will, after consid­
eration of the evidence and proof which the defendant 
offers to make, grant said Motion.

William Earl Fikes, Defendant.

Duly sworn to by William Earl Fikes. Jurat omitted in 
'printing.

[File endorsement omitted]

[ fo l . 10] I n  C ircu it  C ourt of D allas C o u n ty ,
A labam a

M otion to Q u ash  V enire— Filed November 19, 1953 

To the Honorable Court:
Comes now the defendant, William Earl Fikes, by his 

attorneys, Peter A. Hall and Orzell Billingsley, Jr., and 
makes this his Motion to Quash the venire or array drawn 
on to-wit the 17th day of October, 1953, and in support of 
said motion alleges the following:

1. The defendant is a member of the Negro race.
2. Members of the Negro race, otherwise qualified to 

serve have been systematically excluded from service on 
the aforesaid jury or discriminated against in the organ­
ization of said jury, in that no members of the Negro race 
have been drawn for service thereon, that there is no prob­
ability of them actually trying or participating in the trial 
of this, or any other cause.

3. Defendant avers the existence of a system or prac­
tice in the drawing or organization of juries to serve in 
Dallas County, Alabama, deliberately designed to discrim­
inate against members of the Negro race in order to pre­
vent them from serving on juries by either excluding them



9

from the venire altogether or by keeping the number in­
cluded so small that they can be systematically and uni­
formly struck from the venire and prevented from serving 
in the trial of any case.

4. Defendant avers that the 17th Decennial Census of 
the population of the United States, its Territories and 
Possessions for the year 1950, published by the United 
States Department of Commerce, Bureau of the Census, 
of which the Courts of Alabama take judicial notice, states 
that the white male population of Dallas County, Alabama, 
between the ages of twenty and sixty-four years, numbers 
5583, and that the Negro male population of said County 
in said age group numbers 6772, and further that the total 
white male population of said County over the age of 
twenty years numbers 6200 and that total - male population 
of said County over the age of twenty years numbers 8200; 
and the defendant avers that notwithstanding the fact that 
the Negro male population over the age of twenty years 
exceeds the total white male population within the said age 
group by two thousand (2000) men, since the year 1950, and 
before, and continuing to this date, there has been a uni­
form practice by the jury commission for Dallas County, 
Alabama, of discriminating against prospective Negro 
jurors solely because of their race or color, either by leav­
ing their names off the jury roll or by not including their 
names in the jury box from which the venire is drawn, so 
as to keep the number of Negroes actually summoned for 
jury duty at a token amount.

5. Defendant further avers that members of the Negro 
race are, solely because of their race and color, arbitrarily, 
intentionally and systematically excluded from jury serv­
ice or discriminated against in the selection of persons for 
jury duty in that the great majority of those qualified to 
serve in Dallas County, Alabama, are not included on the 
[fol. 11] jury rolls, or their names are left out of the jury 
box, or, if drawn are not listed for service so that only a 
mere token number can ever serve; and defendant avers 
that the venire drawn on to-wit the 17th day of November, 
1953, was selected in keeping with this practice and that 
unless this Honorable Court grants this his Motion to 
Quash the said venire he will be denied his constitutional 
right of equal protection under the laws.



10

Wherefore, the defendant prays that this Court will 
take notice of this his Motion to Quash the Venire in this 
cause, and that your Honor will, after consideration of the 
evidence and proof which the defendant offers to make, 
grant said Motion.

Respectfully made this 19th day of November, 1953.
Peter A. Hall, Orzell Billingsley, Jr.

Duly sworn to by Peter A. Hall and Orzell Billingsley, Jr. 
Jurats omitted in printing.

P. K. Barnes, Circuit Clerk, Notary Public. 

[Pile endorsement omitted]

[ fo b  12] I n C ircu it  C ourt of D allas C o u n ty ,
A labam a

A m en d m en t  to M otion to Q uash  V enire 

To the Honorable Court:
Comes now the defendant, William Earl Fikes, through 

his attorneys, Peter A. Hall and Orzell Billingsley, Jr., and 
with leave of the Court first had and obtained and amends 
his Motion to Quash venire by substituting for paragraph 
four (4) of said Motion, the following:

4. Defendant avers that the 17th Decennial Census of 
the population of the United States, its Territories and 
Possessions for the year 1950, published by the United 
States Department of Commerce, Bureau of the Census, of 
which the Courts of Alabama take judicial notice, and 
states that the male population of Dallas County, Alabama 
of the ages of twenty-one and over numbers 13,996 and that 
the white male population of Dallas County in said age



11

group numbers 6,040, and that the Negro male population 
of said County in said age group numbers 7,956, and that 
the white male population of Dallas County, Alabama, be­
tween the ages of twenty and sixty-four years, numbers 
5583, and that the Negro male population of said County in 
said age group numbers 6772, and further that the total 
white male population of said County over the age of 
twenty years numbers 6200 and that total male population 
of said County over the age of twenty years numbers 8200; 
and the defendant avers that notwithstanding the fact that 
Negro male population over the age of twenty-one years 
exceeds the total white male population within the said 
age group by one thousand nine hundred and sixteen 
(1,916) men, since the year 1950, and before, and continu­
ing to this date, there has been a uniform practice by the 
jury commission for Dallas County, Alabama, of discrim­
inating against prospective Negro jurors solely because of 
their race or color, either by leaving their names off the 
jury roll or by not including their names in the jury box 
from which the venire is drawn, so as to keep the number 
of Negroes actually summoned for Jury duty at a token 
amount.

Peter A. Hall, Orzell Billingsley, Jr., Attorneys for 
Defendants.

[ fo l . 13] I n  C ircu it  C ourt of D allas C o u nty ,
A labam a

J udgm ent—December 9th, 1953

Came the State of Alabama by its Solicitor and the de­
fendant, William Earl Fikes, in his own proper person and 
by and with his attorneys, and being arraigned in open 
Court upon the indictment in this case, the defendant 
pleaded “ Not Guilty” , and issue being joined:

Thereupon came a jury of twelve good and lawful men, 
to-wit:

1—Wm. K. Smith, 2—Carroll E. Jackson, 3—H. A. 
Waites, 4—Wilson W. Hughes, 5—J. Douglas Phillips, 6—



12
Davis R. Gamble, 7—J. Otis Hicks, 8—John P. Peake, 9—
S. F. Hopkins, 10—James Ryall, 11—Douglas Harris, 12— 
Eddie Hood,
who having been elected and duly sworn according to law 
on their oaths say, “ We, the Jury, find the defendant 
guilty of Burglary in the First Degree, as charged in the 
indictment and fix his punishment at Death.”

It is therefore considered and adjudged by the Court 
that the defendant is guilty of Burglary in the First De­
gree, as charged in the indictment.

[ fo l . 14] Lsr C ircu it  C ourt o r  D allas C o u n ty ,
A labam a

S en ten ce— December 10, 1953
And now on this day, to-wit: December 10th, 1953, the 

Defendant, William Earl Fikes, being again present in 
open Court in his own proper person and with his said At­
torneys, and being asked by the Court if he has anything to 
say why the sentence of the law should not now be pro­
nounced upon him, says nothing.

It is therefore adjudged and considered by the Court, 
and it is the order, sentence and judgment of the Court, 
that the defendant at the Bar, the said William Earl Fikes, 
as a punishment for this offense of which he has been con­
victed by the jury, and of which he has been adjudged 
guilty by the Court, be put to death at any hour on Friday 
the 5th day of March, 1954, by electrocution, at the place, 
in the manner and mode required by law, and that this 
sentence of death be executed by the proper person, desig­
nated by law to execute the sentence of death upon convicts, 
by causing to pass through the body of the defendant a 
current of electricity of sufficient intensity to cause death, 
and the application and continuance of such current 
through the body of said defendant until the defendant is 
dead.

And before passing sentence the Court proceeded to 
ascertain by examination of the defendant under oath, and 
other evidence, that the defendant is of the negro race,



13

male sex, is by way of occupation a service station laborer, 
that he is about 27 years of age and that his health is good.

The Defendant, William Earl Fikes, having reserved 
questions of law for the consideration of the Supreme 
Court of the State of Alabama, and having taken an appeal 
to the Supreme Court of the State of Alabama from said 
judgment and sentence, and the defendant desiring the exe­
cution of said sentence suspended pending said appeal, it 
is therefore ordered by the Court that said appeal to the 
Supreme Court of the State of Alabama be granted and 
allowed to the defendant, and it is further ordered by the 
Court that the execution of said sentence be, and the same 
is hereby suspended to await the action of the Supreme 
Court of the State of Alabama on the appeal in this case.

(Signed) W. E. Callen, Judge.

[ fo l . 15] I n C ircuit C ourt of D allas C o u n ty ,
A labam a

G iven  C harges

At the request of the defendant, the Court gave to the 
Jury the following written charges, to-wit:

1— The Court charges the Jury that the defendant enters 
into this trial with a presumption of innocence, and this is 
a fact in the ease, which must be considered with all the 
evidence, and should not be disregarded.

Endorsed: “ Given, W. E. Callen, Judge.”
2— I charge you, Gentlemen of the Jury, that you should 

acquit the defendant if you believe that a person other than 
the accused was guilty of the crime charged, or if you have 
a reasonable doubt as to such fact.

Endorsed: “ Given, W. E. Callen, Judge.”
3— I charge you, Gentlemen of the Jury, that the accused 

in this case is presumed to be innocent until proven guilty 
beyond a reasonable doubt, and if after considering the 
evidence there is reasonable doubt of his guilt, then you 
can not find him guilty.

Endorsed: “ Given, W. E. Callen, Judge.”



14
4— I charge you, Gentlemen of the Jury, that the Court 

in admitting in evidence the alleged confession of the ac­
cused did not deprive you of your right to carefully weigh 
all facts surrounding the confession and deciding whether 
or not you are satisfied beyond a reasonable doubt that the 
confession was in fact voluntarily made.

Endorsed: “ Given, W. E. Calien, Judge.”
5— I charge you, Gentlemen of the Jury, that if from the 

evidence in this case you are satisfied beyond a reasonable 
doubt that the accused, even though he may have been able 
to distinguish right from wrong, was so afflicted with a 
diseased mind that by reason of the duress of such mental 
disease, he was moved by an irres-tible impulse to commit 
the act charged, then you must find him not guilty by rea­
son of insanity.

Endorsed: “ Given, W. E. Callen, Judge.”
7— j  charge you, Gentlemen of the Jury, that a reason­

able doubt may be defined as a doubt which leaves the 
minds of the jurors wavering, unsettled, and unable to 
come to a conclusion as to the truth, or to a conclusion sat­
isfactory to them, and if after hearing the evidence in this 
case there is such a doubt in your minds, you can not find 
the defendant guilty.

Endorsed: “ Given, W. E. Callen, Judge.”
8— I charge you, Gentlemen of the Jury, that reasonable 

doubt exists where a juror hesitates between two conclu­
sions, and then, after considering the evidence from all 
[fol. 16] angles, is reluctant to conclude which of two con­
clusions is correct.

Endorsed: “ Given, W. E. Callen, Judge.”
9— I charge you, Gentlemen of the Jury, that you can not 

find the accused guilty unless you believe him guilty be­
yond a reasonable doubt. A mere suspicion that he may 
be guilty is not enough to justify conviction.

Endorsed: “ Given, W. E. Callen, Judge.”
10— I charge you, Gentlemen of the Jury, that if after 

careful consideration of all facts surrounding the confes­
sion of the accused admitted in evidence in this case, as 
revealed by the evidence, you believe beyond a reasonable 
doubt that the confession was not voluntarily made, then 
you may determine that the facts confessed to are untrue



15

and not entitled to any weight if you believe beyond a 
reasonable doubt that such facts are untrue.

Endorsed: “ Given, W. E. Callen, Judge.”
11—I charge you, Gentlemen of the Jury, that in decid-’j 

ing whether or not a confession should be admitted in evi-S 
dence, the Court passes upon the facts merely for the pur­
pose of determining their competency and admissibility for 
your consideration. If is for the Jury alone to decide 
whether or not the facts contained in the confession are 
true and entitled to any weight.

Endorsed: “ Given, W. E. Callen, Judge.”
13—I charge you, Gentlemen of the Jury, if upon con­

sidering all of the evidence in this case, you have a reason­
able doubt of the defendant’s guilt arising out of any part 
of the evidence, it is your duty to find him not guilty.

Endorsed: “ Given, W. E. Callen, Judge.”
15— The Court charges the jury that the burden is on the 

state to convince you of the defendant’s guilt to the exclu­
sion of every reasonable doubt, and by evidence that over­
comes the presumption of facts, that the law surrounds the 
defendant with, that he is innocent of crime.

Endorsed: “ Given, W. E. Callen, Judge.”
16— 1 charge you, Gentlemen of the Jury, that from the 

evidence in the case you believe beyond a reasonable doubt 
that the defendant w7as in fact afraid that he suffer per­
sonal violence at the hands of the Officers of the Law if he 
refused to sign the confession tendered him, and that the 
fear was so real that he would have signed any statement 
whether true or not in order to escape the feared violence, 
then the confession was not voluntarily made, and you may 
reject it as untrue, unless you believe beyond a reasonable 
doubt that the facts confessed to are in fact true.

Endorsed: “ Given, W. E. Callen, Judge.”
charge you Gentlemen of the Jury, that the court 

in admitting confession of the accused in evidence was in 
no way inferring that the evidence was in any way conclu­
sive that the confession was in fact voluntarily made. The 
[fol. 17] confession, even though permitted by the Court 
to be placed in evidence, is subject to scrutiny by the Jury, 
and if from all the evidence in this case the Jury concludes 
that the confession was in fact not voluntarily* made, you



16
should disregard it and give it no weight in arriving at 
your verdict.

Endorsed: “ Given, W. E. Callen, Judge.”
18— I charge you, Gentlemen of the Jury, that Title 15, 

Section 160 of the 1940 Code of Alabama reads as follows: 
It is the duty of any private person having arrested 
another for the commission of any public offense, to take 
him without unnecessary delay before a magistrate, or to 
deliver bim to some one of the officers specified in Section 
152 on this title, who must forthwith take him before a 
magistrate, this, Gentlemen of the Jury, I charge you is 
the law of the State of Alabama and is mandatory.

Endorsed: “ Given, W. E. Callen, Judge.”
19— I charge you, Gentlemen of the Jury, that if from 

the evidence in this case you are satisfied beyond a reason­
able doubt that the defendant was afflicted with a diseased 
mind to the extent that (1) he did not know right from 
wrong as applied to the particular act in question, or (2) 
if he did have such knowledge, he, nevertheless, by reason 
of the duress of such mental disease had so far Lost the 
power to select the right and to avoid the act in question 
as his free agency was at the time destroyed, and (3) that, 
at the same time the crime was so connected with such 
mental disease in relation of cause and effect, as to have 
been the product of it solely, then you must find the defend­
ant not guilty by reason of insanity.

Endorsed: “ Given, W. E. Callen, Judge.”
20— The Court charges the Jury that if the evidence, or 

any part thereof, after a consideration of the whole of such 
evidence, generates a well founded doubt of defendant’s 
guilt, the Jury must acquit him.

Endorsed: “ Given, W. E. Callen, Judge.”
21— I  charge you, Gentlemen of the Jury, that if from the 

evidence in this case, you believe beyond a reasonable doubt 
that the defendant in fact did not read the alleged con­
fession, or know what it contained, then you will be justi­
fied in having a reasonable doubt as to whether or not he 
in fact confessed to the offense charged, and whether or 
not the facts confessed to are true, unless other evidence 
in the case convinces you beyond a reasonable doubt that 
they are true.

Endorsed: “ Given, W. E. Callen, Judge.”



17

22— I charge yon, Gentlemen of the Jury, that a confes­
sion is voluntary in law only when it was in fact voluntarily 
made. The mere fact that it was not induced by any prom­
ise or threat will not necessarily render it voluntary, since 
a confession may be involuntary if the circumstances, 
[fob 18] irrespective of their nature, are such as made it 
the result of the subjection of the will of the confessor to 
that of another.

Endorsed: “ Given, W. E. Callen, Judge.”
23— The Court charges the Jury that they must find the 

defendant not fcuilty of the conduct of the defendant upon 
a reasonable hypothesis is consistent with his innocence.

Endorsed: “ Given, W. E. Callen, Judge.”
24— The Court charges the Jury that the only foundation 

for a verdict of guilty in this case is that the entire jury 
shall believe from the evidence beyond a reasonable doubt 
and to a moral certainty, that the defendant is guilty as 
charged in the indictment, to the exclusion of every proba­
bility of his innocence, and every reasonable doubt of his 
guilt, and if the prosecution has failed to furnish such 
measure of proof, and to so impress the minds of the Jury 
of his guilt, they should find him not guilty.

Endorsed: “ Given, W. E. Callen, Judge.”
25— The Court charges the Jury that if the defendant has 

offered evidence explaining the alleged confession in this 
case, and if that evidence, when considered with the other 
evidence in this case, has generated in the minds of the 
jury a reasonable doubt as to whether defendant is guilty 
as charged in the indictment, then the jury should acquit 
the defendant.

Endorsed : “ Given, W. E. Callen, Judge.”
26— The Court charges the Jury that before they can 

convict the defendant, the evidence must be so strong as 
to convince each juror of his guilt beyond a reasonable 
doubt; and if, after considering all of the evidence, a single 
juror has a reasonable doubt of the defendant’s guilt, aris­
ing out of any part of the evidence, then they can not con­
vict him.

Endorsed: “ Given, W. E. Callen, Judge.”
2— 53



18
27—I charge you, Gentlemen of the Jury, that the legal 

test of insanity in Alabama which will justify a verdict of 
not guilty by reason of insanity is that at the time of the 
commission of the offenses the accused was afflicted with a 
diseased mind to the extent that (1) he did not know right 
from wrong at the time of the particular act in question (2) 
if he did have such knowledge, he, nevertheless, by reason 
of the duress of such mental disease had so far lost the 
power to select the right and to avoid doing the act in ques­
tion as his free agency was at the time destroyed, and (3) 
that, at the same time, the crime was so connected with such 
mental disease and the relation of cause and effect as to 
have been the product of it solely.

Endorsed: ‘ ‘ Given, W. E. Callen, Judge.”
[fol. 19] 28—I charge you, Gentlemen of the Jury, that
a reasonable doubt as to the guilt of the accused will 
exsist if, after the entire evidence has been compared and 
considered by you, you do not have an abiding conviction, 
or an abiding conviction to a moral certainty, of the truth 
of the charge against the accused, and if such reasonable 
doubt does exist, you can not find the accused guilty.

Endorsed: “ Given, W. E. Callen, Judge.”
29— The burden is upon the State and it is the duty of 

the State to show beyond a reasonable doubt and to the 
exclusion of every reasonable hypothesis, every circum­
stance necessary to show that the defendant is guilty, and 
unless the State has done that in this ease, it is your duty, 
Gentlemen of the Jury, to render a verdict of not guilty.

Endorsed: “ Given, W. E. Callen, Judge.”
30— The Court charges the Jury that if the Jury would 

not be willing to act on the evidence in this case, as if it 
were in relation to matters of the most solemn importance 
to their own interest, they must acquit the defendant.

Endorsed: “ Given, W. E. Callen, Judge.”
32—The Court charges the Jury that if, after consider­

ing all the evidence in this case you have a reasonable 
doubt of the guilt of the defendant of the charges presented 
in the indictment in this case, you should acquit the de­
fendant.

Endorsed: “ Given, W. E. Callen, Judge.”



19

33— The Court charges the Jury that if in considering 
all of the evidence in this cause, that tending to show guilt 
together with that tending to show innocence, there should 
spring up in the minds of the Jury from any part of the 
evidence a probability of the innocence of the defendant, 
the Jury should acquit.

Endorsed: “ Given, W. E. Callen, Judge.”
34—  The Court charges the Jury that unless each mem­

ber of the Jury is convinced beyond a reasonable doubt 
from the evidence in the case of the guilt of the defendant, 
then you should not convict the defendant.

Endorsed: “ Given, W. E. Callen, Judge.”
35— The Court charges the Jury that the legal presump­

tion of innocence is to be regarded by the Jury in every 
case as a matter of evidence to the benefit of which the 
accused is entitled, and as a matter of evidence, it accom­
panies the accused, unless and until the other evidence has 
convinced the Jury beyond a reasonable doubt of the guilt 
of the accused.

Endorsed: “ Given, W. E. Callen, Judge.”
36— The Court charges the Jury that a person charged 

with a felony should not be convicted unless the evidence 
excludes every reasonable hypothesis but that of his guilt; 
no matter how strong the circumstances are, they do not 
come up to the full measure of proof which the law re- 
[fols. 20-24] quires if they can be reasonably reconciled 
with the theory that the defendant is innocent.

Endorsed: “ Given, W. E. Callen, Judge.”

[ fo l . 25] In C ircu it  C ourt of D allas C o u n ty ,
A l a b a m a

M otion for a N ew  T rial—Filed January 7, 1954
Now comes the defendant, William Earl Fikes, and moves 

this Honorable Court to set aside the verdict and judg­
ment rendered against said defendant on to-wit the 9th 
day of December, 1953, and that this Honorable Court will



20
grant the said defendant a new trial, and as grounds for 
said Motion, sets out and assigns the following:

1. That the verdict returned by the jury in the case is 
contrary to the law.

2. That the verdict returned by the jury is contrary to
the facts. .

3. For that the judgment of the court is contrary to the
law in the case.

4. In that the verdict of the jury is not sustained by the 
great preponderance of the evidence in the case.

5. For that the judgment of the court is not sustained 
by the great preponderance of the evidence in the case. ^

6. In that the verdict of the jury is based on bias, preju­
dice and passion against the defendant. _

7. For that the court erred in over-ruling objections ot 
the defendant to the introduction of evidence offered on be­
half of the State of Alabama.

8. For that the Court erred in over-ruling objections by 
the defendant to evidence offered on behalf of the State 
of Alabama, which so biased and prejudiced the jury that 
the defendant was denied the right of a fair and impartial

trig For that the court erred in denying defendant’s Mo­
tion to declare void and illegal the petit jury drawn to try 
defendant in this cause, in that there were no Negroes
serving on said petit jury. _ . , ,,

10. For that the court erred m denying defendant s mo­
tion to quash the venire or array drawn to try defendant 
in this cause, on the grounds that members of the Negro 
race otherwise qualified to serve on juries m Dallas County, 
Alabama, have been systematically excluded from service 
on aforesaid jury or discriminated against m the organiza­
tion of said jury in that no members of the Negro race 
have been drawn for service thereon, that there is no prob­
ability of their actually trying or participating m the trial 
of this or any other cause, thereby denying to the defend­
ant in this cause a fair and impartial trial m violation of 
the Constitution of the State of Alabama and the Four­
teenth Amendment to the United States Constitution.

11. That the court erred in denying defendant s motion 
to Quash the venire or array drawn to try defendant m



21

this cause, in spite of the prevailing and great preponder- 
ence of the evidence offered by the defendant to show that 
no Negro had ever served on a jury in Dallas County, 
Alabama, in modern times and that members of the Negro 
race are solely, on account of their race and color, arbi­
trarily, intentionally, and systematically excluded from 
jury service or discriminated against in the selection of 
[fol. 26] persons for jury duty in that the great majority 
of those qualified to serve in Dallas County, Alabama, are 
not included in the jury rolls, or their names are left out 
of the jury box, or if drawn, are not listed for service so 
that only a mere token number can ever be called for jury 
duty and defendant proved that the venire drawn on to-wit, 
the 17th day of November, 1953, to try this defendant, was 
selected in keeping with this practice.

12. That the Court erred in denying defendant’s Motion 
to Quash Indictment returned against defendant in this 
cause, in that no Negro served on the grand jury which re­
turned aforesaid indictment against defendant in this 
cause and in the face of unchallenged and the great pre- 
ponderence of the evidence presented to show that no Negro 
had ever served on a Dallas County, Alabama Grand jury 
in modern times.

13. For that the Court erred in denying defendant’s 
Motion to Quash Venire and Motion to Quash Indictment 
returned against the defendant on the grounds that Ne­
groes qualified for jury service in Dallas County, Alabama, 
are arbitrarily, systematically and intentionally excluded 
from jury duty and in the face of unchallenged and the 
great preponderance of the ..evidence that the presently 
constituted jury roll of Dallas County, Alabama, compiled 
in October, 1953, contains only 1,763 (13%) names of male 
citizens over the age of twenty one years, and of a total 
population of 13,996 according to the 17th Decennial Cen­
sus of the United States, its territories and possessions 
for 1950, published by the United States Department of 
Commerce, Bureau of the Census, and of said number and 
said census 6,040 are white male citizens and 7,956 are 
white male citizens.

14. For that the Court erred in denying defendant’s 
Motion to Quash Venire and Motion to Quash Indictment



22

in the face of unchallenged and a great preponderance of 
the evidence and there were only 13% of the entire male 
population over the age of twenty-one years listed on the 
jury roll, of which percentage there were only 3% of the 
Negro male citizens and 25% of white male citizens of said 
age ground, all in violation of the Constitution of the State 
of Alabama, the Alabama Code of 1940 and Supplements 
thereto and the Constitution of the United States of 
America.

15. For that the Court erred in denying defendant’s Mo­
tion to Quash Venire and Motion to Quash Indictment in 
the face of unchallenged and prevailing evidence that the 
jury commission of Dallas County, Alabama, had contin­
ually and consistently violated the provisions as set out in 
the Code of Alabama and Supplements thereto, Title 30, 
Chapter 2, in pursuance of their duties in compiling jury 
lists, jury rolls, cards and boxes.

16. That the Court erred in denying defendant’s Motion 
to Quash Indictment returned against defendant in this 
cause on the ground that the only thing before said Grand 
Jury which returned said indictment was an alleged con­
fession purported to have been given by the defendant, 
[fol. 27] which was extorted and illegally obtained from 
him by and through force and violence or threats of force 
and violence, coercion, torture and brutality by officers and 
detectives of the City of Selma, and of Dallas County, Ala­
bama, and the State of Alabama, while defendant was held 
illegally.

17. For that the Court erred in failing to exclude an al­
leged confession purported to have been given by the de­
fendant on a tape recording machine, which was presented 
for no other purpose then to arouse the passion and preju­
dice of the jury; said Honorable Court having permitted 
said confession to go to the jury over the strenuous objec­
tions of the defendant, to which defendant’s counsel duly 
and legally reserved an exception to the ruling of the 
Court.

18. For that the Court erred in failing to exclude an 
alleged type written confession, purported to have been 
given by the defendant for which no proper predicate was 
laid by the State of Alabama, and which was offered for



23

no other purpose than to arouse the passion and prejudice 
of the jury; said Honorable Court having permitted said 
confession to go to the jury over the strenuous objections 
of the defendant, to which defendant’s counsel duly and 
legally reserved an exception to the ruling of the Court.

19. For that the court erred in allowing or permitting 
Mrs. Delores Stinson to testify with reference to an alleged 
rape allegedly committed by defendant at sometime pre­
vious to the time of the burglary for which defendant was 
tried over defendant-s objections.

20. The Court erred in allowing Mrs. Delores Stinson 
to testify with reference to an alleged rape for which 
defendant had been tried and sentenced, over defendant’s 
objections.

21. The Court erred in allowing Mrs. Delores Stinson to 
testify that defendant had had sexual intercourse with her.

22. For that the court erred in allowing or permitting 
Mrs. Claude Binford to testify over defendant’s objec­
tions to an alleged burglary of her premises by defendant, 
which was not connected in any way with the crime for 
winch he was being tried.

23. For that the Court erred in allowing the testimony of 
James Winfred Brown, to go to the jury over defendant’s 
stren-ous objections.

24. For that the Court erred in not allowing defendant 
to testify with reference to whether or not the alleged con­
fessions were voluntary.

25. For that the Court erred in admitting into evidence 
over defendant’s objections, State’s Exhibit No. 2, without 
proper identification and without a proper predicate hav­
ing been laid.

26. The Court erred in admitting into evidence over de­
fendant’s objections a certain butcher knife marked for 
identification as State’s Exhibit No. 2.
[fol. 28] 27. For that the Court erred in overruling De-
fendant-s several objections throughout the hearing of this 
cause, to which ruling the defendant reserved proper excep­
tions.

28. For that the Court erred in allowing witnesses for 
the State to remain within the Court room during the



24

hearing of this cause, when said witnesses were nnder the 
rule.

29. The Conrt erred in allowing Dr. Norman H. Rein to 
testify as an expert for the State, over defendant’s objec­
tions.

30. For that the Court erred in admitting the testimony 
of Dr. Norman H. Rein over defendant’s objections.

Peter A. Hall, Orzell Billingsley, Jr., Attorneys for 
Defendant.

[File endorsement omitted]

[ fo l . 29] I n  C ircu it  C ourt of D allas C o u n ty ,
A labam a

J udgm ent  of t h e  Court on M otion  for N ew  T rial—  
January 28, 1954

January 28, 1954. This being the date heretofore set 
for the hearing of the Motion filed in this cause by Counsel 
for defendant asking and moving that the verdict of the 
jury and the judgment rendered thereon be set aside and 
a new trial granted defendant. Counsel for defendant hav­
ing appeared in person and argued their motion and the 
thirty (30) grounds set out and embodied therein and the 
State of Alabama appearing by the Circuit and Dallas 
County Solicitors and Hon. T. G. Gayle, as Special Coun­
sel, and the arguments for and against said Motion having 
been heard by the Court; the various grounds as set out in 
said Motion and every aspect contained in said Motion and 
the same being considered and carefully studied by the 
Court, the Court is of the opinion that the Motion of de­
fendant seeking to set aside the verdict of the jury and 
the judgment rendered thereon and to grant a new trial 
is not well taken and should be denied. It is therefore or­
dered, adjudged and decreed that the Motion of defendant 
requesting the setting aside of the verdict of the jury, the 
judgment rendered thereon and to grant defendant a new 
trial be and the same is hereby denied and overruled to



which action on the part of the Court counsel for defendant 
do except in open Court.

Done In Term Time this the 28th day of January, 1954.
W. E. Callen, Judge.

25

[ fo ls . 30-33] I n t h e  C ircu it  C ourt of D allas C o u n ty ,
A labam a

[Title omitted]

Charge: Burglary, First Degree-Three Motions
Selma, Alabama

Transcript of Testimony on Motions—November 30, 1953 
December 1-5, 1953

Before: Hon. W. E. Callen, Trial Judge.

A ppearances :

Hon. James A. Hare, Circuit Solicitor.
Hon. Henry F. Reese, County Solicitor.
Hon. Thomas G. Gayle, Special Prosecutor of counsel, 

Attorneys for the State.
Hon. Peter A. Hall.
Hon. Orzell Billingsley, Jr., of counsel, Attorneys for 

the Defendant.
# # # # * # #

[fol. 34] (Witnesses sworn and rule invoked. All wit­
nesses, except officers of the Court, leave the court room.)

C olloquy B etw een  C ourt and  C ounsel

Attorney Hall: As attorneys for William Earl Fikes, we 
have urged three grounds why the indictment returned 
against him by a recent grand, jury should be quashed. 
Two of these grounds we have argued before: one is a 
motion to quash because of the construction of the grand 
jury, on the ground that negroes are systematically ex­
cluded because of race and color, and because of that the



26

defendant was denied due process and equal protection 
of law as guaranteed by the laws and constitution of the 
State of Alabama and the Fourteenth Amendment of the 
constitution of the United States; the second motion which 
we have argued to some extent is the motion to quash the 
venire, on the same grounds more or less as the previous 
motion. The third motion is a motion to quash on the 
grounds the grand jury which returned the indictment 
against Fikes didn’t have sufficient evidence before it on 
which to base a true bill. All they had before them was 
an alleged confession which had been extorted from him. 
That this defendant had been picked up by drag-net method, 
rushed to the city or county jail, never taken before a 
magistrate, constantly questioned and threatened, rushed 
from there to Kilby Prison, never given a preliminary 
trial, and finally by unorthodox methods what purported 
to be a confession was extorted from him. And this was 
all that the grand jury had in its consideration of this 
man’s indictment. On this ground we urge that he was 
denied due process of law, equal protection of law as 
guaranteed by the laws of the State of Alabama and by 
the constitution of said State, and equal protection of law 
and due process of law as guaranteed by the Fourteenth 
Amendment of the constitution of the United States. We 
urge this Court to quash the aforesaid indictment on the 
grounds mentioned, and with the Court’s permission we 
would like to take testimony on the first two motions. First, 
on the motion to quash the indictment returned by the 
grand jury, because of the exclusion of negroes from the 
grand jury.

The Court: The Court denies all three motions.
Attorney Hall: We would like to take them that way.
The Court: I don’t see why there is anything to be gained 

[fol. 35] by not combining them or why it would put you 
to or in any awkward position. There can’t be many wit­
nesses in that third, if you want to take the first two 
together.

Attorney Hall: We will take the third last.
Solicitor Hare: The State denied separately and sever­

ally each and every allegation contained in the motion to 
quash the indictment and the motion to quash the venire



and the special motion that relates to evidence before the 
grand jury, and demands strict proof thereof.

* * * # * # #

27

A rth u r  M orrison P itts , being duly sworn, testified as 
follows:

Direct examination.

By Attorney Hall:
Q. What is your name, sir!
A. Arthur Morrison Pitts.
Q. What is your occupation?
A. Attorney at law.
Q. How long have you been practicing here in Selma?
A. Since June, 1903.
Q. You have been practicing here in Selma, Dallas 

County, Alabama, since that time ?
A. Yes.
Q. Mr. Pitts, a large portion of your practice is crim­

inal?
A. Yes, a good part of it. Of course, I have other 

types------
Q. You have a large practice among the colored people 

of this section?
A. Yes, I do a large practice among them.
Q. Have you had many causes tried before juries in 

Dallas County?
A. I have. Both civil and criminal.
Q. Are you familiar with the constitution of grand juries 

in Dallas County here?
A. With what?
Q- With the constitution of grand juries, their make-up 

with reference to color?
A. I think I am pretty familiar with it. I couldn’t say 

I have known all of them. I have seen them in Court. 
That’s about all I know.

Q. Mr. Pitts, during the time that you have been prac-



28

I ticing, how many grand juries in this jurisdiction have you 
| [fol. 36] known to include negroes?

A. I do not know of a single one being drawn, but I

I have known of negroes being summoned. But they were 
not drawn on the grand jury.

Q. Have you ever known a negro to be drawn for the 
grand jury?

A. No.
Q. What is the usual practice for drawing?
A. You have the jury for civil week, and out of that 

number they take eighteen names. The names are put in 
the hat, and the Judge usually puts his handkerchief over 
the hat and draws the name, and calls the name out and 
they come around and sit in this box (indicating the jury 
box), and they have eighteen seats.

Q. Tell us, Mr. Pitts, for the sake of the record, where 
is the drawing usually done ?

A. Done the first of the civil docket.
Q. In what room?
A. Drawing the whole jury?
Q. The drawing of the grand jury.
A. Drawn here, right here in the court room.
Q. And is it usual that attorneys and others are sitting 

here in the court room when it is done ?
A. Depends on whether they have civil cases. All of 

them are here who have a civil case.
Q. And you have never seen or heard of a negro being 

r drawn for grand jury duty since you have been practicing 
law?

A. I have heard of them being drawn on the panel, but 
never coming out of the hat.

Q. You are saying that you have heard of names being 
drawn on the panel ?

A. Yes, sir.
Q. But you have never known a negro’s name drawn for 

the grand jury by the Judge?
A. Not that I have known of.
Q. Do you think you would have known of any negro 

who had served on the grand jury?
A. Yes.



29

Q. There isn’t any chance of some negro serving and 
you wouldn’t know of it?

A. It is a possibility but not a probability.
Q. Getting back to petit juries, Mr. Pitts, you have tried 

quite a few criminal causes before juries in this Court?
A. Yes.
Q. Have you ever known of a negro to serve on a petit 

jury?
A. No, limited to this way: I have seen them on the 

venire but they were stricken off.
Q. For some reason?
A. Attorney for the defendant strikes them off or by 

the State.
Q, For some reason they are struck off?
A. No, they never serve.
Q. Since 1903.
A. We have a right to strike our jury.
Q. You strike them off, but no negro has ever been ac­

ceptable to somebody? No negro has ever served on a 
petit jury since you have been practicing ?

A. No, not that I know of.
[fol. 37] Q. Who would you say has the largest criminal 
practice in this county?

A. Our firm and Mr. Tom Gayle.
Q. You- firm has a large proportion of criminal practice?
A. Yes. And others. I don’t keep up with the other 

business, but I see Mr. Gayle and others in Court a good 
deal.

Q. I wonder, Mr. Pitts, if you were living in this county 
at the turn of the century, before you went away to law 
school. I was going to ask you, sir, if you have known of 
any negro that served on a grand or petit jury during your 
life time?

A. I have been here since the year 1890. I have never 
seen a negro serve on either a grand jury or petit jury. 
Prior to that time, I have heard of it. I don’t know whether 
it is true or not.

Q. During the days of reconstruction?
A. Yes.
Q. But never, since the days of reconstruction?



30

A. I can’t tell you that. I ’m not that old.
Attorney Hall: Thank you, sir. That is all.

Cross-examination.

By Solicitor Hare:
Q. Mr. Pitts, have you ever had occasion to see negroes 

on the venire in Dallas County?
A. Yes, sir.
Q. And do you recall when those occasions were, or on 

how many occasions?
A. No, I can’t recall. I know the week that this defend­

ant was tried before, I think there were five names on 
there.

Q. And in the past had you seen them?
A. I am not positive. But those five, I think, and I saw 

that last civil jury up here and I ’d say, I think, seven of 
them up here and they stayed during the week. And then 
this present venire I counted from ten to eleven—I ’m not 
sure. I am not positive on that.

Q. In the last ten years have you had occasion to see 
the names of negroes on the venire?

A. I can’t state positively. I know of one instance I 
heard about, Mr. Hare, a negro by the name of Hopson who 
was up here when John Miller was on the bench. I don’t 
know that for a fact. I heard it, I don’t know it.

Q. Have you ever had occasion to strike a jury in Dallas 
County, Alabama, when negroes were on the venire?

A. Yes, sir.
Q. Were you acting in the capacity of defense attorney?
A. Yes, sir.
Q. Did you have occasion to strike the names of negroes?
A. Well, myself or my son did it.
Q. Have you ever tried a case in Dallas County with 

negroes on the jury, in which you struck a jury?
[fol. 38] A. No, I never did. At times I would agree with 
attorneys on the other side. I would agree certain names 
to be stricken, both white and colored. That is civil, though.

Q. And you have struck them on your own initiative?
A. Yes, sir.



31

Q. And I will ask you if you have consistently struck 
negroes from the petit jury?

A. Every time one appeared on a petit jury where I was 
engaged, if I knew his name I have consistently struck 
them.

Q. Under the procedure in Alabama, how many strikes 
does the defendant have in criminal cases compared to the 
State ?

A. The defendant has two and the State one.

Redirect examination.

By attorney Hall:
Q. I believe you said that you had recognized how many 

negroes? On what venire? You said five on what venire?
A. I said the last term of Court. I think it wras about 

five.
Q. When was that, sir?
A. That was at the term of Court when this motion was 

quashed.
Q. Mr. Pitts, I believe you testified on the hearing of 

those motions to quash that at that time you were able to 
ascertain who those negroes were and tell us what their 
names were ?

A. I remember only two of them. One was Ned Braxton 
and one was Boyd, who was at the City National Bank.

Q. Ned Braxton and Boyd. Now, Mr. Pitts, isn’t it a 
fact that Ned Braxton and Boyd were twTo of the names 
which had been entered on the jury roll in pencil?

A. I don’t know anything about the jury roll.
Attorney Hall: May we have the jury roll ?
The Court: Which one?
Attorney Hall: The last one.
The Court: Get the present jury roll.
Attorney Billingsley: Just the present one will be all 

right.

(A deputy sheriff goes for the jury roll)

Q. While they are getting that, Mr. Pitts, when you said 
you recognized thirteen names------

A. (Interrupting) No, I said ten or eleven.



32

Q. Will yon point those names out"?
A. I have them marked on a list at my office.
Q. What I thought you said was you recognized those 

names.
A. Marked on my list.

[fol. 39] Q. We have no objection to your checking on it. 
You can do that later on.

A. I can tell you some of them here.
Q. Will you do that, please, sir?
A. Number nine, I am not positive. Willie Smith, there. 

It may be a Willie Smith a white man or colored, I can’t 
tell you.

Q. But you know there is a negro by that name?
A. That is my recollection.
Q. And he is a farmer?
A. (No answer) And there is Morgan Barnes. I know a 

Morgan Barnes that is a mechanic, and he is a colored man.
Q. Yes, sir.
A. It may be some other Morgan Barnes. Number 

Twenty-seven, I am not positive about that, John Henry 
Roberts. I don’t know whether that is a colored man or 
a white man. I do not know. Now, number thirty-five, I 
have been told that he is a colored man. I couldn’t swear 
to it, except for information in investigating, that I found 
that out. You will notice on forty-five there is a Will J. 
Smith—excuse me. Number forty-seven Charlie Rascoe, 
Jr., I am absolutely positive he is a colored man. I hap­
pened to defend him one time as a client.

Q. Charlie Rascoe, number forty-seven.
A. Yes.
Q. You did say you defended him?
A. I said he was a colored man. I knew his father or 

his uncle, and they have been my clients out there.
Q. Charlie, Jr.?
A. No, his father or uncle. I don’t know anything about 

Charlie, Jr., just taking it from the name.
Q. I see. Is that all, sir?
A. I am going over it now. Now, number seventy-one, 

Gloodwin. I know he is a colored man. He works up there 
at Valley Creek stable, seventy-one. That is the only ones



33

I can tell yon, but I have a list of them at my office. I 
would be glad to get it.

Q. Thank you very much, Mr. Pitts, and you know that 
those are negro men?

A. I know Washington Goodwin is.
Q. And the names of two negroes you recall on previous 

venire ?
A. That was when this boy was up here for trial before.
Q. Tried or motions?
A. Tried on another case. And the last term of Court 

there were a number.
Q. But none of them served on either a petit or grand 

jury?
A. No.
Q. As far as you know, none of them ever served.
A. No.
Q. None has ever served in Dallas County on either 

grand or petit juries?
A. No.

[fol. 40] Recross-examination.
By solicitor Hare:

Q. Mr. Pitts, I hand you this list, and ask you to look at 
forty on that list, No. forty, John Willie, farmer. Do you 
know whether that is a white man or colored?

A. No, I can not tell you. I think he was on the list that 
was given me as being a colored man, but I couldn’t tell 
you, Jimmie.

Q. Forty-three, Tom Waller?
A. He is a negro dry cleaner here.
Q. Now, fifty-one, Douglas Harris. Do you know whether 

he is white or negro?
A. I couldn’t tell you that, but I could tell you on my list. 

I have them marked on my list. I went over the whole 
thing very carefully and found out about all of them. They 
are all on my list there and marked, which ones I was told. 
I would be glad to get them and show them to you. It may 
be when I said to the attorney over here (indicating At­
torney Hall) ten or eleven, that I had some of them on 
special venire, I am not positive about that.

3—53



34

Redirect examination.

By Attorney Hall:
Q. Mr. Pitts, I would like to ask you: you have never 

seen over twelve on there!
A. I don’t know.
Q. Under the system down here in Dallas County, they 

could put as many as twenty-four on there, and they would 
all be struck?

A. I couldn’t tell you that.
Q. I will ask you this question: do you know or do you 

have any knowledge of the constitution of the citizenry of 
Dallas County with reference to color or with reference to 
numbers ?

A. I think five to one.
Q. You mean five negroes to one white man?
A. Yes, that’s what I have been told. I don’t know 

whether it is true or not.
Q. Assuming that is true, and assuming that the jury 

commission of Dallas County were to build its jury roll 
according to the statute------

Special Prosecutor Gayle: We object to that.
The Court: Hypothetical question. Over-rule.
Special Prosecutor Gayle: We except to your Honor’s 

ruling.
Q. Assuming that the jury commission would build its 

jury roll according to the statute in such cases, and assum­
ing that the population of Dallas County is five to one on 
the negro side, then, wouldn’t it be absolutely impossible 
for the attorneys for the defendant and for the State to 
strike all of the negroes?

A. Not on a petit jury.
Q. Wouldn’t the laws of probability over a period of 

thirty years see to it that one negro would serve?
[fob 41] A. I think not. The way I look at it, the way the 
jury list is fixed, even though the population may be larger, 
that have to examine the character and judicial capacity. 
And I have confidence in our jury commission to do the 
right thing. That’s what I think.

Q. Is it your considered opinion that the jury commis­
sion goes into the character of everybody on this book?



35

A. I don’t know a thing in the world about it.
Q. Ton expressed an opinion just a minute ago with 

reference to how they handle it,
A. I have absolute confidence in them.
Q. It is your opinion—you have confidence that they 

have gone into the character of everybody on this book?
A. I have absolute confidence in the jury commission of 

Dallas County, that they have kept their oath in following 
the law, and I have never questioned anything they put in 
the jury box.

Q. Mr. Pitts, I will ask you this question, and it isn’t 
calculated to doubt what you have just said: do you have in 
Dallas County the same jury commission at this time that 
you had in September, 1953?

A. Yes, sir, same ones.
Q. Is it your opinion that in September, 1953, previous 

to the time they have drawn this last jury roll, which we 
have not introduced in evidence------

Attorney Hall: We would like to introduce in evidence at 
this time—we note that the various books are marked Ex­
hibit A, B and C. We assume that those are from the pre­
vious hearing?

The Court: Yes, sir.
Attorney Hall: With the Court’s permission, we will re­

quest that this particular book marked Defendant’s Exhibit 
A, purporting to be the jury roll of Dallas County, Ala­
bama, from 1951 to 1953; and this book purporting to be 
Defendant’s Exhibit B, purporting to be the jury roll of 
Dallas County from 1942 to 1951; and this book marked 
Defendant’s Exhibit C, purporting to be the jury roll of 
Dallas County from 1931 to 1942; we would like to offer 
them in evidence, your Honor. (Above described three jury 
rolls accepted in evidence without objection as Defendant’s 
Exhibits A, B and C)

( Said Exhibits A, B and C cannot be conveniently copied 
into the record and are being sent to the Supreme Court as 
original evidence for its inspection)

Attorney Hall: Defendant would like to offer in evidence 
this book purporting to be the jury roll of Dallas County 
compiled in October, 1953, which is marked Defendant’s 
Exhibit X.



36

[fol. 42] (Above described jury roll, October, 1953, ac­
cepted in evidence without objection as Defendant’s Ex­
hibit X)

(Said Exhibit X  cannot be conveniently copied into the 
record and is being sent to the Supreme Court as original 
evidence for its inspection)

Attorney Hall: Mr. Pitts, I don’t believe we have any 
other questions.

Recross-examination.

By Solicitor Hare:
Q. You say that over your period of practicing law, that 

you have consistently struck negroes from serving on a 
petit jury of Dallas County, and your firm has?

A. Yes.
Q. I will ask you if that has ever been done by any agree­

ment with the State or understanding with the Court, or 
under any stipulation or agreement?

A. There has been no agreement as far as the State has 
been concerned. I have agreed with other attorneys on 
civil.

Q. Have you ever seen the name of a negro on a venire 
of Dallas County where he was identified by race?

A. No, I never have.
Q. Isn’t it customary for those persons to be so identified 

on the venire issued by the Marshall?
A. I am not sure. I have seen lists where it was. I don’t 

do much practice in Federal Court.

M cL ean P itts , being duly sworn, testified as follows: 

Direct examination.

By Attorney Hall:
Q. Mr. Pitts, you are Mr. McLean Pitts?
A. Yes.
Q. What is your occupation?
A. Attorney.



37

Q. Do you practice here in Selma, Alabama?
A. Yes.
Q. How long have you been practicing here?
A. Twenty years.
Q. What is the nature of your practice?
A. General practice of law.
Q. Is there any emphasis on any particular aspect?
A. I said general practice of law.
Q. Is it a fact that you have a large negro clientele?
A. I ’d say yes.
Q. Would you say that you have more negroes as clients 

than white people?
A. No.
Q. Would you say you have more white folks?
A. I wouldn’t say either one.

Iffol. 43] Would you say that is about “ even Steven” ?
A. I suppose so. I have never made any examination 

to find out.
| Q. During the course of that twenty years of practice, 
have you had occasion to represent defendants in criminal 

/proceedings in this Court?
I A. Yes.

Q. You are familiar with the constitution of petit and 
I grand juries in this Court?
; A. Yes.

Q. Have you ever known a negro to serve on a grand 
jury in that twenty years?

A. No.
Q. On a petit jury in this county?
A. Yes.
Q. When, Mr. Pitts? .
A. About five years ago.
Q. They actually served on a petit jury here in Dallas 

County?
A. Yes, one negro.
Q. Do you recall his name?
A. No, I don’t recall his name. I know who he was, but 

I don’t recall his name.
Q. Would you recognize his name if you saw it listed 

some place?
A. No.



38

Q. But you are sure one did serve? Was it a cause in 
which you were interested?

A. Yes.
Q. Do you recall the particular style of the cause?
A. No, I don’t.
Q. Is it possible that you could find it in your file in your 

office?
A. I don’t believe so.
Q. But you are sure that one negro served?
A. Positive.
Attorney Hall: Thank you, sir.

Cross-examination.

By Solicitor Hare:
Q. Mr. Pitts, you are in practice with your father here, 

the witness that just proceeded you to the stand?
A. Yes, sir.
Q. Have you ever had occasion to see negroes on the 

venire in Dallas County?
A. Yes, sir.
Q. And I will ask you if it has been your consistent prac­

tice since you have been an attorney to strike negroes from 
serving on petit juries in Dallas County?

A. Yes, sir.
Q. I will ask you, Mr. Pitts, if at any time you have ever 

had any------
A. (Interrupting) Most of them want us to strike them, 

too.
Q. Have you ever had any agreement with the solicitor 

or any officer of the Court with reference to striking ne­
groes from petit juries?

A. Never.
[fol. 44] Did you strike them on your own initiative and 
acting in your client’s interest?

A. Yes, sir.
Q. Have you struck negroes from the petit jury when 

you were representing negores, negro clients?
A. Yes, sir.
Q. Mr. Pitts, I will ask you if you have ever seen the



39

name of a negro on a venire that you received from the 
Clerk identified as such on the venire?

A. No, sir.
Q. Have you ever gotton venires from the Marshall of 

Federal Court in Alabama and had the names on the venire 
so marked?

A. Yes, sir.
Q. I will ask you if that is the practice in the Federal 

Court in Alabama, to identfy negroes on the venire?
A. I don’t know whether that is a general practice, but 

the ones I have received in the United States District Court 
for the Southern District of Alabama, it has been followed 
by the letter “ c ” .

Solicitor Hare: That is all.

T hom as  G. G ayle , being duly sworn, testified as follows: 

Direct examination.

By Attorney Hall:
Q. Your name, please, sir?
A. T. G. Gayle.
Q. What is your occupation?
A. Attorney at law.
Q. Where is your office located?
A. 1104% Water Avenue, Selma, Ala.
Q. That is in Dallas County, Alabama?
A. That’s right.
Q. How long have you been engaged in the practice of 

law in this jurisdiction?
A. Since 1926.
Q. Mr. Gayle, do you have a specialty in the practice of 

law?
A. General practice.
Q. But you have had considerable number of criminal

cases?
A. Yes.
Q. And also some civil causes?
A, Civil and criminal.



40

Q. Tried before juries?
A. Yes.
Q. Yon are familiar with the constitution of grand juries 

of Dallas County since 1926, with reference to race ?
A. That’s right.
Q. Have you ever known a negro to serve on the grand 

jury of Dallas County?
A. Not to my knowledge.
Q. Have you ever known a negro to serve on a petit jury 

in Dallas County?
A. Not to my own personal knowledge.
Q. There are very few terms in this Court in which you 

don’t have something pending?
A. A few.
Q. Aren’t you usually in attendance at most Court ses­

sions ?
A. Yes.

[fol. 45] Q. Would it he possible that there has been a 
time some negro was serving on the jury that you didn’t 
know about?

A. It would be possible, but I think I would know it.
Q. Were you practicing here in Dallas County five years 

ago?
A. I was.
Q. Did you know of any negro serving at that time?
A. No.
Q. Any time recently?
A. At no time do I know of any negro serving on a petit 

or grand jury here of my own knowledge.

Cross-examination.

By Solicitor Hare:

Q. How long have you been practicing in Selma?
A. Since 1926.
Q. Since that time have you had occasion to see the 

names of persons that you knew to be negroes on venires 
in Dallas County?

A. I have.
Q. And I will ask you, Mr. Gayle, if you have consistently



struck negroes from serving on petit juries in Dallas 
County, Alabama ?

A. I have.
Q. I will ask you if you have struck them when you were 

representing negroes, when representing negro clients?
A. I have.
Q. And have you ever struck negroes from serving on 

■petit juries in criminal cases in Dallas County by any 
agreement with the solicitor or any officer of the Court?

A. No, sir. I don’t have agreements with the solicitor, 
as far as the jury is concerned.

Q. But negroes have appeared on those venires?
A. They were on the venire, yes, sir.
Q. And you have consistently struck them?
A. I have consistently struck them.
Q. Have you ever had a negro client who requested you 

to retain negroes on the jury?
A. Never in my life.
Solicitor Hare: That is all.

Redirect examination.

By Attorney Hall:
Q. Is it customary for your clients to tell you who to 

retain on the jury?
A. No, but it is customary for me to discuss the jury 

with my client.
Q. Will you tell us what procedure is gone through in 

the selection of a grand jury in this county?
A. It is drawn during civil week. The Judge puts all 

of the names in the hat that are summoned for the entire 
week, that consists of the grand jury and petit jury for 
civil week. Then the Judge draw's the grand jury from 
[fol. 46] that list—puts a handkerchief over the hat and 
draws eighteen names for the grand jury.

Q. Under what conditions is it usual to excuse a man 
from grand jury duty, if his name is drawm from the hat?

A. I have never heard of that.
Q. Have you ever heard of a man being excused from 

grand jury duty?

41



42

A. I have not, unless he has a doctor’s certificate, which 
he would produce before that.

Q. You infer that negroes have been in the group called 
for service?

A. That’s right.
Q. For both petit and grand juries ?
A. That’s right.
Q. I f a negro’s name had been drawn from the hat, 

then he would have served on the grand jury?
A. I think so.
Q. So, under the circumstances, no negro’s name has 

ever been drawn from the hat?
A. As far as I know, they have not.
Q. You know they have been in the group?
A. I know that. I have sat there and watched them 

come to the rail.
Q. And while sitting there watching the judge draw 

their names from the hat for service on the grand jury, 
since 1926, you have never seen a negro’s name drawn 
from the hat?

A. I have not said I was there every time.
Q. During the times you were there, have you ever heard 

the name of a negro called as being drawn from that hat?
A. No.
Q. Have you known of a negro being called and excused?
A. None that I know of.

Recross-examination.

By Solicitor Hare:
Q. You say you have frequently seen negroes on the 

venire here in Court in Dallas County. I will ask you if 
you have had occasion to see them come up and ask to be 
excused from jury duty?

A. Yes, sir, I have.
Q. And frequently they have been excused?
A. I have seen some of them excused. I have seen a lot 

of people excused on numerous occasions.
Q. Excuses are made before the grand jury is drawn?
A. That is correct.



43

Q. Mr. Gayle, you have not been at every drawing of a 
jury in Dallas County?

A. No, sir, I have not.
Q. And you have in recent years had occasion to miss a 

number of terms of Court due to illness?
A. I have. I was in New Orleans for about eighteen or 

nineteen months. I ’d like to qualify my statement that I 
have practiced here since 1926, because I was in New O r- 
[fol. 47] leans with the Federal Land Bank awhile.

W illiam  B. Ceaig, being duly sworn, testified  as follows: 

Direct examination.

By Attorney Hall:
Q. You are Attorney William Craig?
A. Yes.
Q. Practicing attorney here in Selma, Alabama?
A. Yes.
Q. How long here?
A. Twenty years, with the exception of two years in 

the navy.
Q. You are engaged in the general practice of law here? 
A. General civil practice.
Q. In the course of your practice, have you had occasion 

to try cases before juries?
A. Yes.
The Court: Mr. Craig is City Recorder, I 
Q. I see. Then you are a judge?
A. That’s right, judge of the City Court. I 
Q. Have you been recorder during the wkole period of 

twenty years ?
A. No, I ’ve been recorder about ten years.
Q. Previous to that time did you have occasion to repre­

sent clients before juries in criminal proceedings?
A. Yes.
Q. And your general practice is here in Dallas County? 
A. Generally, yes.
Q. Have you ever known of a negro to serve on the grand 

jury in this county?



44

A. No, I have not.
Q. Have yon ever known of a negro’s name drawn from 

the hat for service in this county?
A. No.
Q. Have you ever known of a negro to serve on a petit 

jury in this county?
A. No, I have not.
Q. You never have?
A. No.

Attorney Hall: That is all. Thank you, sir. 

Cross-examination.

By Solicitor Hare:
Q. Have you ever seen negroes appear for jury duty and 

names of negroes to appear on the venire in Dallas County?
A. I wouldn’t like to say. It has been a good while 

since I ’ve seen a venire.
. Q- You are seldom in the Circuit Court during the for­
mation of the grand jury?

A. That’s right.
[fol. 48] Q. Are you ever present at the time juries are 
drawn in Dallas County?

A. Not normally—occasionally.

Solicitor Hare: That is all.

M. A lston  K e it h , being duly sworn, testified as follows: 

Direct examination.

By Attorney Hall:
Q. You are Mr. Alston Keith, sir?
A. I am.
Q. Are you a practicing attorney here in Selma, Ala­

bama?
A. I am.
Q. How long have you practiced here?
A. Since August, 1930.



45

Q. Is your practice general, sir?
A. Yes.
Q, You have occasion to represent your clients in both 

criminal and civil procedures?
A. Yes.
Q. You have tried cases before juries in this jurisdic­

tion, sir?
A. I have.
Q. You are familiar with the formation of grand juries 

in this jurisdiction, with reference to color, during the 
period of time you have practiced ?

A. I have been present when a number of grand juries 
were drawn and impaneled.

Q. So you have seen a number of grand juries after they 
were formed?

A. Yes.
Q. And you have witnessed a number of grand juries 

being organized?
A. Yes.
Q. During the course of your practice, have you ever 

known a negro to serve on a grand jury in this county?
A. I have not.
Q. Have you ever known of a negro to be drawn for 

service on such a grand jury?
A. Not to my knowledge.
Q. Have you ever known a negro to serve on a petit 

jury?
A. Not in Dallas County.
Q. Then you don’t know of any negro doing such service?
A. Not to my knowledge. It is quite possible that a 

negro has served on a petit jury and grand jury and I not 
know it.

Q. We realize that it might be possible.
A. So far as I know, none have served on either grand 

or petit juries.
Q. Thank you, sir. Tell us, Mr. Keith, during the years 

in which you have practiced in Dallas County, Alabama, 
have you ever seen the names of more than two or three 
persons on a jury list or venire whom you could identify 
as negroes?

A. In my opinion and according to my recollection I



46

would say there have been several on every venire that !
I have examined. ,
[fol. 49] Q. When you say “ several” , what do you have f 
in mind!

A. That is between three and six that I could identify \ 
as negroes. There may have been others. \

Q. Let’s go back to last year. Can you tell us of a par- \ 
ticular venire or particular term of Court when you had \ 
occasion to examine the venire and there were negroes 
on it? I

A. I can’t name any particular term or any particular 
year.

Q. Sir, I show you what purports to be the jury roll for 
Dallas County, Alabama, for the years 1951 through 1953.
I realize you are a very busy man, sir, and I ’d like to have 
you go through this jury list and—never mind. That is 
all.

Cross-examination.

By Solicitor Hare:
Q. During your practice of law in Dallas County, have 

you consistently struck negroes from serving on a petit 
jury in Dallas County?

A. I have not made any practice of it. No.
Q. Have you ever represented negro clients in this Court, 

civil and criminal?
A. Yes, sir.
Q. Have you ever had a request from one of your clients 

to leave a negro on the jury?
A. I don’t recall that-1 have.
Q. Have you ever struck a negro from a jury in a crim­

inal case in Dallas County by any agreement with the 
solicitor or any officer of the Court?

A. I have not.



H akby W. G a m b l e , being duly sworn, testified as follows: 

Direct examination.

By Attorney Hall:
Q. Tour name, please, sir!
A. Harry Gamble.
Q. What is your occupation!
A. Lawyer.
Q. How long have you been a lawyer, sir!
A. Thirty years.
Q. Have you practiced that entire thirty years in this 

jurisdiction here in Selma, Dallas County, Alabama!
A. Yes. I practiced one year in Florida before T came 

to Selma.
Q. But you have been practicing here continuously how 

many years!
A. Thirty years.
Q. I see. Is your practice general!
A. Yes, general practice, but very little criminal work.

[fol. 50] Q. However, you have had some criminal work!
A. Some.
Q. You have had occasion to observe various juries or­

ganized over the years?
A. I have seen them organize a good many.
Q. Both grand and petit juries!
A. That’s right.
Q. Have you ever known a negro to serve on a grand jury 

in this county?
A. No, not that I know of.
Q. Have you ever seen a negro included in the organiza­

tion of a grand jury?
A. You mean------? I don’t know what you mean by

‘ ‘ organization. ’ ’
Q. When the names are actually pulled from the hat. 

Have you ever known a negro’s name to be pulled from the 
hat?

A. I wouldn’t know of any. There might have been.
Q. You don’t know of any yourself?
A. No, not of my own knowledge.

47



48

Q. Have you ever known a negro to serve on a petit 
jury in Dallas County!

A. Not to my knowledge.
Q. You were present here in Dallas County five years 

ago!
A. Yes.
Q. Do you know of any negro who served on a petit 

jury five years ago!
A. Not to my knowledge.

Cross-examination.

By Solicitor Hare:
Q. Have you ever had occasion to strike the names of 

negroes in the selection of a petit jury in Dallas County!
A. I might have struck them, but I have never known 

them by name.
Q. Did you ever strike the name of any by any agree­

ment with the solicitor or any officer of the Court?
A. No, sir.

R oyal R andolph  S m it h , being duly sworn, testified as 
follows:

Direct examination.

By Attorney Hall:
Q. Your name, please, sir?
A. Royal Randolph Smith.
Q. Your occupation?
A. Lawyer.
Q. How long have you been a lawyer?
A. Since June 1, 1928.
The Court: Mr. Smith is City Attorney.
Q. Mr. Smith, I understand you are City Attorney. How 

long have you been ?
A. Since 1941.
Q. Previous to that time were you engaged in the general 

practice of law?
A. I was Recorder from 1935 to 1941, and started prac­

ticing in 1928.



49

[fol. 51] Q. From 1928 to ’35 were you engaged in the 
general practice of law!

A. I still am, except I don’t have too much criminal 
practice.

Q. Do you represent the City of Selma in cases appealed 
from Recorder’s Court!

A. I did from 1941 until about six years ago, then I 
stopped prosecuting in the City Court. Mr. Edgar Rus­
sell is the prosecutor in the City Court.

Q. So you are only concerned with civil matters in the 
City of Selma!

A. Yes.
Q. You have had some experience in the Circuit Court 

of Dallas County, Alabama, with reference to the forma­
tion of grand juries and petit juries!

A. Yes, I have.
Q. And you have seen grand juries organized in this 

county!
A. Yes, I have. Numerous times.
Q. And you have seen many, many petit juries serve in 

this county and in this Court!
A. Yes.
Q. During the course of your entire career, have you 

ever known a negro to serve on a grand jury in Dallas 
County!

A. No, I have not.
Q. Have you ever seen a negro serve on a petit jury in 

this county!
A. No, I have not.

Cross-examination.

By Solicitor Hare:
Q. Have you had occasion to strike negroes in the selec­

tion of petit juries!
A. I don’t recall that I have, Mr. Hare.
Q. If you have struck any, has that been by agreement 

with the Court or the solicitor or any officer of the Court!
A. No, it wouldn’t have been by agreement, but I don’t 

recall that I have ever struck any.
Q. I will ask you, in your years of practice here, if you

4— 53



50

have ever seen the names of negroes on the venire of Dallas 
County?

A. I don’t recall that I have.
Q. You usually get a copy of the venire and check it?
A. Yes, sir, but of my own knowledge I don’t recall that. 

Sitting here this morning in 1953 I can’t recall any occa­
sion of it.

The Court: We will take a ten minutes recess.
(Court stands in recess for a few minutes, then called to 

order and trial resumed)

[fol. 52] E dgar A. S tew art , being duly sworn, testified 
as follows:

Direct examination.

By Attorney Hall:
Q. Your name, please, sir?
A. Edgar Stewart.
Q. Your profession?
A. Attorney at law.
Q. Where do you practice?
A. In Selma.
Q. How long have you been practicing here ?
A. Since June, 1932.
Q. Have you been engaged continuously in the general 

practice of law since 1932?
A. Yes, with the exception of the war years, when I was 

in service.
Q. Your practice is general?
A. It is chiefly civil. I have no criminal practice.
Q. Have you ever witnessed the formation of a grand 

jury in this county?
A. Yes.
Q. Have you been present on occasions when these juries 

were organized?
A. Yes.
Q. Do you know of any single occasion when a negro has 

been drawn for service on any grand jury in Dallas 
County?



51

A. I do not.
Q. Have you ever seen a negro’s name drawn for such 

service ?
A. You mean on the venire or grand jury?
Q. For service on the grand jury.
A. I have never seen a negro serve on the grand jury.
Q. The general practice is to draw up your venire from 

your jury box and from them, from that particular number 
of names or list the grand jury is drawn?

A. That is correct.
Q. Now, sir, what we want to know is this: have you ever 

known a negro to be drawn for service on a grand jury in 
Dallas County?

A. No, I have not. I have known negroes to be on the 
venire from which the grand jury is drawn.

Q, You have seen negroes’ names on the venire?
A. Yes.
Q. Do you recall the first occasion you remember seeing 

a negro’s name on the venire in Dallas County?
A. Specifically, no; but I recall on at least one or more 

occasions fifteen or more years ago negroes’ names on the 
venire.

Q. Do you recall whether there were one or two or sev­
eral?

A. No, I don’t recall the specific number or the names.
Q. But you know there were some names, or a number 

of names, on the venire?
A. That is correct.
Q. I see. Getting back to the grand jury, you have never 

known a negro to serve as a grand juror in this county?
A. No.
Q. You have never known a negro’s name to be drawn 

for service on a grand jury who was excused for any 
[fols. 53-54] reason?

A. No.
Q. Have you ever known a negro to serve on the petit 

jury in this jurisdiction?
A. I have in this jurisdiction. Not in this Court.
Q. In this Court?
A. In the Circuit Court of Dallas County, Alabama, no.
Q. That includes all of the petit juries, civil and crim­



52

inal! You have never seen a negro serve in Dallas County, 
Alabama !

A. Not actually serve, no.

Cross-examination.

By Solicitor Hare:
Q. You say that you have frequently seen names of 

negroes on the venire in Dallas County!
A. Yes.
Q. And have you struck them when the venire contained 

the names of negroes!
A. Yes, sir.
Q. Have you consistently struck the names of negroes 

from the venire of petit juries ?
A. The names have been struck. I have never had one 

serve on a jury in a case which I was trying.
Q. Do you practice in the Federal Court!
A. Yes, sir.
Q. I will ask you if you have ever seen a venire issued 

by the Clerk of the Circuit Court of Dallas County bearing 
the names of negroes, on which those persons were iden­
tified by some mark as being members of the negro race!

A. I have not.
Q. Have you ever seen venires from the Marshall of the 

Federal Court Southern District of Alabama on which the 
names of negroes were identified as such!

A. Yes, sir, I have.
Solicitor Hare: That is all.

# * * # # # *

[fol. 55] B. V alen tin e  Hain, being duly sworn, testified 
as follows:

Direct examination.

By Attorney Hall:
Q. Your name, please, sir!
A. B. V. Hain.
Q. Mr. Hain, what is your profession!



53

A. I am an attorney at law.
Q. Where is your office located?
A. 1000% Water Avenue, Selma,
Q. That is in Selma, Alabama?
A. Yes.
Q. And Selma is in Dallas County?
A. Yes.
Q. How long have you been practicing here ?
A. I was admitted to the Bar in 1941.
Q. Is Selma your home?
A. Yes.
Q. You were born and reared here in Selma?
A. In the county, yes.
Q. In Dallas County?
A. Yes.
The Court: You were out a couple of years, in the 

service ?
The Witness: Yes, from 1942 to 1946.
Q. Are you engaged in the general practice of law?
A. Yes.
Q. You are frequently present when grand juries are 

organized?
A. Not frequently, but I have been.
Q. And you have had occasion to try cases before petit 

juries in criminal proceedings in this Court?
A. Yes.
Q. Tell the Court, sir, if you have ever during your en­

tire career known of a negro serving on a grand jury in 
Dallas County, Alabama.

A. I have no personal knowledge of it. No.
[fol. 56] Q. Have you ever known a negro to serve on a 
petit jury in Dallas County?

A. I have no personal knowledge of it, no.
Attorney Hall: Thank you, sir. That is all.



54

Cross-examination.

By Solicitor Hare:
Q. You do an extensive criminal practice in the Circuit 

Court!
A. No, Mr. Hare.
Solicitor Hare: That is all.

C h am bliss  K eith , being duly sworn, testified as follows: 

Direct examination.

By Attorney Hall:
Q. You are Mr. Chambliss Keith!
A. Yes.
Q. What is your profession?
A. Attorney at law.
Q. Where is your office!
A. Selma, Alabama.
Q. That is in Dallas County?
A. Yes.
Q. How long have you practiced here?
A. I was admitted to the Bar in 1939, and except for 

five years in the Air Corps I have practiced here. Except 
that time.

Q. Is Dallas County your home ?
A. Yes.
Q. Is your practice general?
A. Yes.
Q. Both criminal and civil?
A. Yes.
Q. Do you have a large number of colored clients, both 

white and colored?
A. Yes.
Q. Have you been present on occasions when the grand 

jury has been organized in this county?
A. Yes.
Q. And you have had occasions to try cases before petit 

juries in this county?



55

A. Yes. j
Q. Tell the Court, please, sir, how many negroes you { 

have known to serve on the grand jury in Dallas County.
A. None.
Q. How many negroes have you known to serve on petit j 

juries in this county!
A. None.

Cross-examination.

By Solicitor Hare:
Q. Have you ever known of a negro or numbers of ne- 

[fol. 57] groes to appear on the venire of Dallas County?
A. Yes.
Solicitor Hare: That is all.

J o h n  R andolph  S m it h , being duly sworn, testified as 
follows:

Direct examination.

By Attorney Hall:
Q. Your name, please, sir?
A. John Randolph Smith.
Q. What is your profession?
A. Attorney at law.
Q. You practice in Selma?
A. That’s right.
Q. That is in Dallas County, Alabama?
A. Yes.
Q. How long have you been practicing here ?
A. Nineteen years, with the exception of three years 

and eight months I was in the army.
Q. Is your practice general?
A. Yes.
Q. Is your clientele mixed, both white and colored?
A. Yes.
Q. Have you been present on numerous occasions when



56

grand juries were being organized in this county and in 
this Court?

A. On several occasions, yes.
Q. Do you qualfiy the occasions?
A. No, I don’t remember each one. Something like 

once or twice a year. Sometimes I am present and some­
times I am not.

Q. For nineteen years you can say at least once a year 
you have seen a grand jury organized?

A. Something like that.
Q. Have you tried many cases before petit juries in this 

Court?
A. Yes, I have tried several of them.
Q. Would you say one or two, or more numerous?
A. More numerous than that. Whatever I had, if it was 

one or four or five at one term of the Court.
Q. But you have tried at least several each year, at least?
A. Yes.
Q. I see. Now, Mr. Smith, tell the Court, please, sir, 

how many negroes you have known to serve on grand juries 
in Dallas County.

A. I don’t know—I ’ve never seen any negroes or white 
people. I have never seen a grand jury, other than setting 
in the chairs.

Q. You said you were present when grand juries were 
being organized.

A. When they were drawn. I have never seen a negro 
on the grand jury. I don’t know anything but what I have 
seen.

Q. Assuming you are present when the names are drawn 
out and read aloud, have you ever recognized the name of 
any negro ?

A. I wouldn’t know the names of negroes. Some have 
the same names as white people.
[fob 58] Q. Do you recall any occasion when a negro’s 
name was read?

A. I don’t recall having seen any in the grand jury box. 
I don’t recall all of the names read out.

Q. Do you recall the name of a single negro?
A. No, I don’t recall the name of a single negro or of a 

white one.



57
Q. Mr. Smith, are yon a negro!
A. What?
Q. What is your race? Are you white or colored? For 

the record, Mr. Smith, are you a negro or a white man?
A. I am a white man.
Q. And you are a white lawyer in .Dallas County, Ala­

bama?
A. That’s right,
Q. And when his Honor is organizing the grand jury in 

this county, if the name of a negro was read out you would 
remember it, wouldn’t you?

A. Not necessarily.

Cross-examination.

By Solicitor Hare:
Q. Mr. Smith, over a period of years, have you fre­

quently had occasion to see the names of negroes on the 
venire in Dallas County?

A. I would not know, by looking at the names, whether 
they were white or colored.

Q. Have you had occasion to see negroes stand by the 
rail here when venires were called?

A. I have.
Q. Have you ever had occasion to strike the names of 

negroes or to know that the names of negroes were stricken 
in the trial of cases, by either side ?

A. Not that I know of.
Q. You do know that negroes have answered to call?
A. I have seen them standing at the rail.
Solicitor Hare: That is all.

Redirect examination.

By Attorney Hall:
Q. In trying their cases before petit juries, have you 

seen any negroes on any petit jury?
A. No, I have never seen one on the jury.



58

A bch ie  T. R eeves, being duly sworn, testified as follows:

Direct examination.

By Attorney Hall:
Q. Give the Court your name, please.
A. Archie Reeves.

[fol. 59] Q. Your profession, sir?
A. Lawyer.
Q. Where do you practice?
A. In Dallas County and the surrounding counties in this 

Circuit.
Q. Your office is located in Dallas County?
A. Yes, in Selma.
Q. And you practice in all of the counties located in 

this particular circuit?
A. Most of them.
Q. How long have you been practicing here in Dallas 

County?
A. Since 1932.
Q. And is your practice general, sir?
A. Yes. We don’t have as much criminal practice as 

some of the other lawyers, but we do have some.
Q. Do you represent both white and colored clients?
A. Yes.
Q. And have you been present on occasions when grand 

juries were organized in this county?
A. Yes.
Q. Have you been present when their names would be 

drawn from the hat by the officials?
A. Yes.
Q. And you have listened to the reading of those names 

when they were drawn?
A. Well, I have listened to them. I could hear the names, 

but I wouldn’t pay too much attention to it.
Q. Have you been present on occasion when the grand 

jury was being charged by the Court?
A. Yes, I have.
Q. And you have observed the grand jury at that time ?
A. I have seen the grand jury sitting in the box.
Q. And you have also tried both civil and criminal cases



before petit juries in this Court, the Circuit Court of Dal­
las County, Alabama?

A. That is correct.
Q. I ’d like for you to tell the Court, please, sir, how 

many negroes you have seen serve or known to have served 
on grand juries of Dallas County, Alabama.

A. I don’t recall having seen any negroes actually serve 
on the grand jury. I have seen them on the venire.

Q. When you say “ venire” , what do you mean?
A. I mean the venire from which the grand jury ~was 

chosen.
Q. Let’s explain that for the record. What do you mean?
A. A venire is a group of men summoned to serve as 

jurors, and it is generally composed of from sixty to eighty 
men; and from that group his Honor will select eighteen 
from the hat to act as grand jurors.

Q. From the sixty to eighty names drawn, or cards 
drawn from the jury box, his Honor selects eighteen to act 
as the grand jury. How does he do that?

A. Draws them from the hat.
Q. Does he put all of the cards in the hat?
A. Yes.
Q. And then he draws from the hat eighteen names to 

serve as grand jurors?
[fol. 60] A. That is correct.

Q. Now, tell us, sir, have you ever known his Honor to 
draw the name of one negro from that hat?

A. Not to my personal knowledge. He could have. I 
eouldn’t say that he didn’t.

Q. Have you yourself known him to draw the name of 
one negro from that hat?

A. Not of my personal knowledge. No.
Q. Have you ever seen one negro serve on a petit jury 

actually trying a case in Dallas County?
A. No.
Q. Civil or criminal?
A. No, I never have seen one, civil or criminal.
Attorney Hall: That is all, sir.

59



60

Cross-examination.

By Solicitor Hare:
Q. Mr. Beeves, I will ask yon if yon have recognized the 

names of persons you have known to be negroes on the 
venire in Dallas County over a period of years?

A. Well, I will put it this way: I have seen the names of 
ones I thought were negroes, but I was not positive. Lots 
of them have the same names as white people.

Q. Have you ever seen negroes answer to the call on the 
venire in Dallas County?

A. Yes.
Q. Have you on occasion seen substantial numbers of 

those go up to the Judge and ask to be excused?
A. I have seen substantial number- on the venire. 

Whether they went up to get excused, I don’t know about 
that.

Q. Now, Mr. Beeves, in the selection of a petit jury in 
Dallas County in a criminal case, how many strikes does 
the defendant have with respect to those of the State?

A. The defendant has two strikes and the State one 
strike.

Q. Have you ever had occasion to strike the name- of 
negroes in the selection of a petit jury?

A. I have struck names that I thought were negroes. I 
didn’t know them, and I thought they were.

Q. Have you ever had occasion to have a negro client 
request that the name of some negro juror be left on the 
petit jury?

A. Never had.
Q. Do you do some practice in the Federal Court?
A. Yes.
Q. Have you ever received a copy of the venire from the 

Circuit Clerk of Dallas County in which the names of 
negroes were identified by any mark or lettering as such?

A. No, I haven’t.
Q. I will ask you if you have ever received a venire from 

the Marshal? of the Federal Court in Alabama where the 
names of those persons were identified by some mark, a 
“ c ” ?
[fol. 61] A. I wouldn’t want to state positively about



61

that. I know later on we found out by questioning people 
in the various counties as to whether they were negroes or 
white people, but as far as having it actually on the list, I 
don’t recall.

Q. You don’t recall?
A. No.
Solicitor Hare: I believe that is all.

Redirect examination.

By Attorney Hall:
Q. I heard you testify just a moment ago that you have 

struck the names of some because you thought they were 
negroes. Were you representing negroes or white people?

A. I just don’t know about that. I said I struck them. 
I didn’t know who they were. My reason for striking was 
I didn’t know who they were, but I don’t know who I rep­
resented at the time.

Attorney Hall: That is all, sir.

Jam es A. H are, being duly sworn, testified as follow’s : 

Direct examination.

By Attorney Hall:
Q. You are Mr. James A. Hare?
A. That is correct.
Q. What is your occupation?
A. Lawyer. Circuit Solicitor for the Fourth Judicial 

Circuit of the State of Alabama.
Q. That includes Dallas County, Alabama?
A. It does.
Q. How long have you been solicitor in this circuit?
A. Since July, 1946.
Q. Previous to that tim e, Avhat w ere you doing?
A. In the army.
Q. How long had you been there?
A. Four years.



62

Q. Previous to that time, were you located here in Dal­
las County?

A. Yes.
Q. Were you engaged in the practice of law then, gener­

ally?
A, Not generally, no.
Q. Since 1946 you have been Circuit Solicitor?
A. I have.
Q. As Circuit Solicitor, it has been part of your job to 

go before the various grand juries from time to time in 
this county?

A. That is true.
Q. And to deal with them and assist in their organiza­

tion, and you also prosecute for the State of Alabama be­
fore all petit juries?

A. That is true in the Circuit Court.
Q. Tell us, Mr. Plare, how many negroes have you known 

to serve on the grand jury of Dallas County sinee 1946? 
[fol. 62] A. Not one.

Q. Have you been present, sir, on occasions when the 
grand jury was being organized?

A. I have, on numerous occasions.
Q. When the names were being drawn from the hat?
A. Yes.
Q. Have you ever known the name of a negro to be 

drawn from that hat?
A. I have not.
Q. Have you ever known the name of a negro to be desig­

nated and to refuse?
A. There is no such thing as designation for grand jury. 

The venire is called and qualified, and those persons wrho 
want to be excused come and talk to the Judge, and those 
who are excused are stricken from the list and those cards 
are pulled; and the remaining cards go in the hat. And 
there is no designation. Those names are then drawn by 
lot.

Q. Is it your experience that all negroes on the venire 
in Dallas County during your term of office have always 
been excused previous to the selection of the grand jury?

A. No, I don’t think all of them have been excused. May­
be all have come and asked to be excused.



63

Q. Have you known of occasions when one or two hadn’t 
been excused previous to the drawing of the grand jury?

A. I think I could recall many occasions.
Q. Have you ever known any of their names to be drawn 

for service on the grand jury?
A. No, I have not. If there were five on the venire and 

three would come up to be excused, there would be two in 
the hat. Out of five or six, I have never known one to 
be drawn.

Q. You have never known a negro’s name to be drawn 
for service in Dallas County, sir?

A. I have not.
Q. I see. Getting back to petit juries, have you ever 

known negroes to serve on petit juries in this county?
A. I have not. Not in criminal cases. I am never here 

during civil cases. I am conducting the grand jury then, 
and I have no knowledge of procedure during that time.

Q. But you are familiar with the criminal cases, and you 
have never known negroes to serve on any jury in this 
jurisdiction?

A. No, I haven’t. I have known their names to be on 
the venire.

Q. They usually are always excused or struck?
A. They are usually struck.
Q. And none ever serve on a petit jury in this jurisdic­

tion.
A. Well, the criminal lawyers who do most of the work 

here have consistently made it a practice to strike them. 
There has been no policy, so far as the State is concerned.

Q. I see. Getting back to the fact that no negro has ever 
served, are you familiar with the population of Dallas 
County with reference to race?
[fol. 63] A. Only generally.

Q. In your best judgment, sir, what is the ratio of popu­
lation?

A. About two to one. In Dallas County, about two ne­
groes to one white.

Q. In the Black Belt?
A. Sixty to sixty-five percent.
Q. And 35% or 40% white?
A. Yes.



64

Q. That is in your best judgment?
A. Yes.
Q. And of that number of negroes—of negro men—in 

spite of the fact you have more negroes, have you ever seen 
a venire with more negroes’ names on it than white?

A. No.
Q. Have you ever seen a venire with half as many ne­

groes’ names as white ?
A. No, I don’t think I have.
Q. With a third as many negroes’ names as white, in 

your best judgment, sir?
A. Well, now, that would be limited to the venire that 

were serving in criminal cases ?
Q. Yes, sir, criminal cases. Assuming that the venire 

has sixty names on it, have you ever seen one with a third 
of the names negroes?

A. No, sir.
Q. Have you ever seen twenty negroes’ names on the 

venire?
A. I don’t think I have. No.
Q. At any time, on any occasion, in a criminal cause?
A. No.

Attorney Hall: I see. That is all.

Cross-examination.

By Special Prosecutor Gayle:
Q. You have seen negroes’ names, like all jurors are 

called up here and qualified, after they are qualified all of 
those were put into a hat?

A. Yes, sir.
Q. And negroes and white alike?
A. Yes, sir, put in the hat by the clerk.
Q. And he drew out eighteen for the grand jury?
A. Yes, sir.
Q. One at a time, out of the hat, with a handkerchief over 

it?
A. Yes, sir.
Q. And he drew eighteen names?
A. Yes, sir.



Q. And the names in that hat were negroes, at the same 
time, there with the whites?

A. Yes, sir. Yes, sir.
Q. Then, they have been on the venire ?
A. Yes, sir.
Q. Mr. Hare, have you known white men to be on the 

venire numerous times, on numerous occasions, and never 
sit on a case?

A. Yes, I have known a bunch of them who come up and 
ask to be excused every time.
[fol. 64] Q. And they were in that hat.

A. Yes, .sir.
Q. But they weren’t on the grand jury?
A. No, sir.
Q. And those were white people.
A. Yes, sir.
Q. You you know of that not on one occasion, but on 

numerous occasions?
A. Yes, sir.
Q. And some here ten or fifteen years and never been on 

a grand jury?
A. Yes, sir, and I have known other persons to serve 

consecutively on the grand jury.
Q. Name go back in the box and be drawn again?
A. Yes.

Special Prosecutor Glayle: That is all.

Redirect examination.

By Attorney Hall:
Q. I ’d like to ask you one other question, please, sir. You 

say you have known white people who have been on ten 
or fifteen years and never served on the grand jury?

A. Yes.
Q. Do you know any negroes who have been on that 

many venires and never served on the grand jurv?
A. What?
Q. Do you know any negroes who have been on that 

many venires?
A. I don’t say I can recall the names of any one white

5—53

65



6 6

who have been on fifteen venires. You know names of 
persons who frequently appear on the venire—I ’d say 
once a year, almost. And it wouldn’t be any fifteen times. 
It wouldn’t he over six or seven times. But I ’ve seen them 
hit pretty regularly for jury duty.

Q. But you have known men to come up here on con­
secutive venires who didn’t serve on the grand jury?

A. Yes. I think we had one member of the grand jury 
several years ago who was foreman of two grand juries— 
wait, I ’ll take that back. That was in Wilcox County. I 
think we have had one or two men to serve on two con­
secutive grand juries in the county.

Q. Mr. Hare, how many negroes do you know who have 
been on more than two venires?

A. Well, now, I don’t know. I can’t say that I know too 
many of the negroes or the history of the county back of 
1946, but in that period of time I know that negroes have 
stood up here at the rail and have been subpoenaed and 
called here for jury duty.

Q. Let’s see—we are trying to get this straigh- in our 
mind. White people come up time after time on the jury 
list ?

A. Some of them do. That is rare. That is the excep­
tion.

Q. But it is conceivable? Some may come back and back 
again? Assuming, of course, that you are familiar with 
the law, how often the jury box is filled and refilled and 
[fol. 65] concerning the jury commission and formation of 
the jury roll and the placing of certain names in the jury 
box?

A. Yes.
Q. Is it your considered opinion, in view of that law, 

that it is the jury commission’s duty to know each person 
on this jury roll possesses all of the qualifications and none 
of the disqualifications set out under the Alabama law?

A. I think that is their job.
Q. Is that their duty?
A. I think it is.
Q. Now, sir, what standard and what method are they to 

use in ascertaining these things ?
A. I have no idea about that. The jury commission in



this county is appointed by the Governor and they are 
responsible to the Governor.

Q. The Legislature lias set out the rules?
A. Yes, but I have no supervision or authority.
Q. We are wondering what your opinion might be on 

this subject.
A. I think it would be primarily their duty to know 

people on there were qualified, and if they are not qualified 
I think the jury commission would not be doing its job. 

Attorney Hall: I believe that is all. Thank you, sir. 
County Solicitor Reese: We would like to have the privi­

lege of recalling Mr. Hare.
The Court: All right.

67

J ohn  P. F ur.niss, b e in g  d u ly  sw orn , testified  as fo llo w s : 

D irect exam ination .

By Attorney Hall.
Q. Your name, sir?
A. John P. Furniss.
Q. What is your occupation?
A. Public accountant.
Q. Where do you live?
A. Crescent Hill, Selma, Dallas County, Ala.
Q. That is outside of the city limits of Selma?
A. Yes.
Q. Now, have you had occasion to serve as foreman of 

the grand jury of Dallas County recently?
A. Yes. I was foreman of the November term, this past 

November term.
Q. Was that the grand jury which considered evidence 

against William Earl Fikes and which returned certain 
indictments against Mm ?

A. Yes, sir.
Q. Those are the last indictments returned, which are 

8072-8082?
A. I am not familiar with those numbers.
Q. We have a copy of the indictments, if the State has 

no objection. Mr. Furniss, you will observe these two



68

copies of indictments against William Earl Fikes, and ob­
serve the numbers of them and the list of jurors there and 
[fol. 66] the name, and tell us whether or not that is the 
grand jury of which you were foreman, (Hands indictment 
to witness)

A. Case No. 8082, that was an indictment that we 
brought as a grand jury against William Earl Fikes.

Q. Yes, sir. (Hands another indictment to witness)
A. And in case No. 8072, that is an indictment that we 

returned against William Earl Fikes.
Q. Thank you, sir. Now, Mr. Furniss, were there any 

negroes on that grand jury which returned these indict­
ments ?

A. No, there was not a negro on the grand jury.
Q. There were no negroes at all on that grand jury?
A. No.
Q. How often have you served on the grand jury in Dal­

las County?
A. This is the second time.
Q. Have you served on any petit juries trying either 

criminal or civil cases?
A. I couldn’t be positive, but I think I have served on 

two petit juries.
Q. On the time you previously served on the grand jury, 

was there any negro on that grand jury at that time?
A. There was not.
Q. Were there any negroes on those petit juries on which 

you served, sir?
A. No, there were no negroes.
Q. I see. When was the last time you served on the 

grand jury, previous to this time, sir?
A. I couldn’t be positive. I think it was 1938 or 1939.

Cross-examination.
By Special Prosecutor Gayle:

Q. How old are you?
A. Forty-one.
Q, How many times have you served on grand juries and 

petit juries, did you say?
A. To the best of my memory, I have served twice as a 

grand juror and twice as a petit juror.



69

Q. Were you present the day that the venire was called, 
when they formed your grand jury?

A, Yes, sir.
Q. Did you see any negroes here in Court on that venire ?
A. Yes.
Q. And that was the same time the grand jury was or­

ganized by the Judge, and you saw him draw the names out 
of the hat?

A. Yes. I was sitting very close. I was sitting in the 
first seat, I was able to observe the procedure, the draw­
ing.

Q. That was after the excuses had been taken, was it 
not?

A. Yes.
Special Prosecutor Gayle: That is all.

[fol. 67] Redirect examination.

By Attorney Hall:
Q. You say that the Judge did draw the names from the 

hat after the excuses had been taken?
A. That is true.
Q. And did you observe negroes as members of that 

venire ?
A. I did.
Q. Did you observe whether or not those negroes had 

been excused previous to the drawing of the names from 
the hat?

A. One was disqualified because he was a felon. He had 
been previously convicted of a felony, and there was one 
that pled his age.

Q. Do you recall when he had been convicted of that 
felony?

The Court: It was in Federal Court. He was from Plant- 
ersville, convicted in Federal Court about two years ago. 
He was down to the left and I noticed his hand held up 
and I called Judge Moore’s attention to it. His name was 
Mark Sherrer, from up in the Plantersville section.

Q. And the other one?
A. There was one negro that when the Judge asked the 

jury were any over sixty-five, he stated that he was over



70

I

sixty-five and wished to he excused, and he was excused.
Q. And what happened to the rest of them?
A. They sat over in the court room while the names were 

drawn from the hat in the formation of the grand jury.
Q, Do you recall how many negroes were left!
A. I would say there were five. I couldn’t be positive. I 

thought there were five.
The Court: His recollection is correct.

•“''Q rT see. Jsiow, Mi\ Furnxss, you do know that there 
were five negroes, members of that venire, and that their 
names went into the hat?

A. That is true.
Q. And you also know nobody was withdrawn for service 

on the grand jury?
A. That is true.
Q. How long have you lived in Dallas County?
A. I am a native of Dallas County.
Q. And how many negroes have you known during the 

course of your life to serve on juries, either grand or petit, 
in Dallas County during the whole of your life ?

A. I have known no negroes, to the best of my knowl­
edge, to serve on a jury in Dallas County.

Attorney Hall: No further questions. Thank you, sir.
Special Prosecutor Gayle: That is all.
The Court: We stand in recess until one-thirty.
(Court stands in recess for lunch, and then called to 

order and trial resumed)

[ fo l . 68] W allace H il l , b e in g  d u ly  sw orn , testified  as 
fo l lo w s :

Direct examination.

By Attorney Hall:
Q. Is this Mr. Wallace Hill?
A. That is correct.
Q. What is your occupation?
A. Assistant cashier of the City National Bank of Selma. 
Q. Are you chairman of the jury commission of Dallas 

County?



71

A. I am.
Q. How long have you served in such capacity?
A. In this capacity? The present commission was ap­

pointed in 1951—I think that’s right—whenever Mr. Per­
sons went in as Governor.

Q. Had you served on any previous commission?
A. About six months on the prior one.
Q. I see. During your course of service, sir, were you 

and the other members of the commission responsible for 
the preperation of the jury roll for Dallas County?

A. That is true.
Q. You did prepare jury rolls for each year you served?
A, We prepared one jury roll, that I know of, prior to 

this year.
Q. What year was that, sir?
A. When the present commission went in, 1951. I think 

that is right. Whenever Mr. Persons went in, about Oc­
tober of that year.

Q. About October of the year you were appointed?
A. That’s right.
Q. Assuming that 1951 was the correct year, from 1951 

up until October, 1953, you had only prepared one jury 
roll?

A. That is correct.
Q. Will you tell the Court how you and the members of 

the commission went about preparing that roll, sir?
A. We made up a list of names on some work sheets, 

which we transferred to a jury roll.
Q. Off on work sheets?
A. On work sheets.
Q. Where did you get your names from, Mr. Hill? ,
A. We got our names from several places: from per- | 

sonal contact, from the registration list, and from the city I 
directory.

Q. You did use all of those references?
A. To some extent we used all of them. Yes.
Q. Are you the same Mr. Hill that testified on the pre- { 

vious hearing on the motion to quash the indictment against j 
William Earl Fikes ?

A. I was here the first of October.
Q. Do you recall the style and number of the case?



72

A. No, I do not.
Q. What were the results of the hearing in that partic­

ular case?
Solicitor Hare: We object. Irrelevant, incompetent, im­

material.
The Court: Sustain the objection as to what the final 

[fol. 69] termination was.
Attorney Hall: We note an exception.
The Court: All right, you have an exception.
Q. Have you made up another jury roll since October, 

1953?
A. We have.
Q. When did you make it up, sir?
A. October of this year.
Q. What date of October, sir?
A. You can’t make it up on any particular date. You 

have to have time on it. We made it up during the first 
part of October.

Q. Was it completed in October of this year?
A. Yes.
Q. What date was it completed?
A. I will say it was completed by the seventeenth.
Q. Was it completed by the first Monday of October of 

this year?
A. It was not.
Q. Had you begun work on it by the first Monday of 

October ?
A. We had begun to get the names together.
Q. Do you recall the date of the hearing of the previous 

cause?
A. I think it was on a Monday. I think it was the fifth 

of October.
Q. Let’s see, sir. Do you mean that on the fifth of Oc­

tober of this year that there was pending in this Court a 
cause against this defendant, William Earl Fikes, which 
was more or less the same cause that is now pending 
against him in case No. 8072?

Special Prosecutor Gayle: We object, unless he knows 
of his own knowledge.

Attorney Hall: We asked him if he does know.
The Court: Over-rule the objection. ...



73

The Witness: Yon confuse me now.
The Court: Read him the question, Mrs. Bailey.
The Court Reporter: (Reading from her notes) “ Let’s 

see, sir. Do you mean that on the fifth of October of this 
year that there was pending in this Court a cause against 
this defendant, William Earl Dikes, which was more or 
less the same cause that is now pending against him in case 
No. 8072?”

The Witness: I don’t understand the question.
Q. We will put the question this way: was there being 

heard in this Court house on October 5 of this year certain 
motions having to do with indictments returned against 
William Earl Dikes?

A. There were.
Q. Those motions were being heard on October 5 of this 

year, is that true?
A. I am sure that is true. r
Q. Do you recall whether or not the first Monday of Oc- I 

[fol. 70] tober fell on the fifth this year?
A. I think it did.
Q. So, on that date you were not making a jury roll.
A. We had been in the process of gathering a few names 

together prior to that date.
Q. Will you tell the Court when you started gathering 

those names?
A. No particular time. We just gather a few names ) 

and put them on a piece of paper, and when we start the 1 
roll we use them.

Q. How did you know they weren’t on the roll?
A. People would come to us and say, “ My name is not ( 

on the roll and I ’d like to be on there ’ ’, or we’d find some | 
people who have moved to town and we put their names on ( 
the roll. !

Q. How would anyone know whether or not his name 
was on the roll?

A. They don’t know. They think so.
Q. But they do come to you and say, “ My name isn’t on 

the roll and I ’d like to be on it?”
A. They say, “ I haven’t been drawn and I ’d like to be 

on it.”  We put the names on a piece of paper, and when 
we have a meeting we ask if his name is on the roll.



74

Q. Did you or not have a meeting on October fifth of 
this year?

A. On October fifth of this year we were subpoenaed to 
be in this court house. We worked some on the rwll during 
that time, that afternoon.

Q, Do you recall—I believe I asked you this question 
before. I don’t mean to repeat. Do you recall what date 
in October you had the present roll finished ?

A. I think I said the seventeenth.
Q. Now, sir, in preparing the jury roll for Dallas 

County, Alabama, did you consider the names of every 
eligible male citizen of this county between the ages of 
twenty and sixty-five?

A. Not every eligible male, no, we didn’t consider every 
one.

Q. Why didn’t you?
A. They are unknown to us, a lot of them.
Q. Did you list on your jury roll the names of every male 

citizen of Dallas County?
A. We did not.
Q. Listed in the city directory?
A. No, we did not.
Q. Why?
A. Well, one reason, we didn’t know all of them.
Q. You had the city directory?
A. Sure, but a lot of them in there are not qualified 

jurors.
Q. Do you assume that they are not qualified or that 

they are qualified?
A. In some cases you know they are not qualified.
Q. Did you list all of the names listed in the city direc­

tory of Selma, Alabama, that you had no reason to believe 
were not qualified?

A. No, we did not.
Q. Why didn’t you ?
A. [ i is our duty to be sure they are qualified before we 

put them in the box—before we put their names in the box. 
[fol. 71] Q. So it is a rule of procedure to assume that the 
male citizens of Dallas County who are not known to you 
are not qualified to serve as jurors ?

A. No.



75

Q. What is the rule of presumption?
A. We have no rule of presumption. We put their names 

on the jury roll when we are sure they are qualified.

LQ. And only when you are sure they are qualified?
A. In our own mind.
Q. Are you familiar with all of the statutes governing 

your office?
A. I have been exposed to them and read them.
Q. Isn’t it a fact that you are charged with listing all 

of the names of male citizens?
A. That is in there, hut there is also a section that says 

the omission of some names would not void the roll.
Q. We would like to know if you omitted some name for 

a reason and if you included some names for a reason?
A. We omitted a lot of names for a reason.
Q. Were you familiar with all of the names you omitted? 
A. No.
Q. Did you know them by reputation?
A. No.
Q. Did you have reason to believe they were unqualified 

to serve?
A. A good many were exempted from serving.
Q. Did you have reason to believe they were not qualified 

or exempted from service?
A. I can’t answer that question. I am confused here 

myself as to what we are driving at.
Q. You are chairman, and did meet this past October and 

consider these names?
A. That’s right.
Q. And did you place on this new roll a certain number 

of the male citizens of Dallas County?
A. That is true.
Q. Are all of the names on this roll between twenty-one 

and sixty-five qualified to serve?
A. We think so.
Q. Is it not a fact that some among them are not quali­

fied?
A. If they are, we don’t know it.
Q. Don’t you know that one on there was not qualified by 

reason of the fact he was a felon?
A. We didn’t know it at the time.



76

Q. Didn’t you know there was another who might be ex­
empt because he was over the age of sixty-five?

A. I heard that.
Q. So that a number of the names on this roll are not 

qualified or exempt?
A. That is possible.
Q. Why didn’t you list every male citizen over the age 

of twenty-one?
Solicitor Hare: We object to that. There is nothing in 

the law that directs him to do that. The question is improp­
erly framed. I object to the question.
[fol. 72] The Court: Sustain.

Attorney Hall: We would like to take exception to your 
Honor’s ruling.
I The Court: You have an exception, 
j Q. Your commission has a clerk? 
i A. It does.
i Q. Does your clerk visit in the precincts once a year?
] A. We have just recently gone into the fact that she

I tj. D id  she do  that b e fo re  m aking this ro ll?
| A. No, sir.

Q. Doesn’t the statute direct her to go out there and 
ascertain who might be qualified for jury duty?

A. It does.
Q. So that as a matter of fact you did not have the bene­

fit of your clerk’s research in Dallas County previous to 
making up this jury roll?

A. Not the entire county.
Q. Who did you take care of, what particular portion? 

What did you do to make up for it?
A. We asked the reputable people within the precinct 

bounderies to help us, in that manner.
Q. Please explain, sir.
A. We asked persons that we knew, vTho lived in certain 

precincts, if they would help us in selecting qualified 
jorors.

Q. Did you ask them to help you get all of the names of 
jurors, or did you leave it up to them who might be quali­
fied?



77

A. We told them to get us the names they thought would 
qualify.

Q. The persons you asked were not members of your com­
mission?

A. They were not.
Q. Yet you delegated to them the responsibility and the 

duty to determine whether or not persons who lived in their 
precinct were qualified.

A. We did not delegate that to them. We asked them to 
submit names to us that they thought were qualified.

Q. You definitely told them to submit only the names 
that they thought were qualified?

A. That is right.
Q. Tell us, on your previous jury roll—I think you ex­

amined the roll in the previous hearing, case No. 8809?
A. I am not familiar with the number, but it was in 

October.
Q. Is that the jury roll which your commission had made 

up?
A. It was.
Q. How many negroes were you able to identify on that 

roll?
A. I don’t remember.
Q. Do you think, sir, that you could identify any persons 

on this roll as being negroes?
A. I am not sure that I could.
Q. I show you this booF marked Exhibit A, which is De­

fendant’s Exhibit A, and purports to be the jury roll for 
[fol. 73] Dallas County, Alabama, for the year 1951 to ’53, 
and ask you to examine it, sir, and point out to us the 
names of persons you know to be negroes.

The Court: Mr. Hill can take the book and retire to the 
jury room, and we will start- with the next witness.

Attorney Hall: This is off the record------ (not recorded).
Q. You only found three names that you could identify 

as colored?
A. Right.
The Court: On what page, in what precinct, and what ex­

hibit ?
Attorney Hall: Exhibit A, on page — there is no page 

number, on one of the pages for Precinct 36, the names of



78

William Boyd, Benjamin H. Bender and Ned Braxton writ­
ten in pencil were the only ones which Mr. Hill could 
positively identify as being negroes.

Q. So that to all intents and purposes, up until October, 
1953, there were only three negroes on the jury roll of 
Dallas County, Alabama, that you knew?

A. In that present roll.
Q. That was the jury roll for Dallas County at that 

time ?
A. That’s right.
Q. On up until October, 1953, of this year, 1953?
A. That’s right.
Q. And since that time you have made a new jury roll, 

is that true?
A. That is true.
Q. Do you know how many negroes there might be on the 

new jury roll?
A. I ’d say at least 250.
Q. What leads you to believe you have that many on 

there ?
A. We took a rough count on them at that time.
Q. How did you tell they were negroes?
A. We asked about them.
Q. You asked about them before or after you put them 

on there, sir? -——.
.A. We asked about theip beford we put their names on 

the roll. ~~™ '
Q. Let’s see, sir, if we can follow you. In making up 

your new jury roll sometime in October, 1953, how did you 
go about making up that roll?

A. Well, as I explained before, we used personal con­
tacts, the city directory, the telephone book, and personal 
knowledge.

;Q. All right, sir. Personal contact. Do you mean that 
you used personal contact in order to ascertain all of the 
names on there ?

A. Oh, no.
Q. To what extent did you use personal contact?
A. I don’t know to what extent. Just persons that we 

knew and came in contact with in everjMay life.
Q. To what extent did you use the city directory, sir?



79

A. Well, we went through the directory.
[fol. 74] Q. For what reason?

A. We wanted names for this jury roll.
Q. You didn’t use all of the names in the city directory?
A. No.
Q. Why not?
A. A lot were exempt.
Q. How could you tell who was exempt? What we are 

trying to do is trying to find out how you go about making 
up your jury roll.

A. We don’t know all of those people by name.
Q. Why didn’t you use every male name in the city di­

rectory of Selma?
A. For the reason there are a lot of conditions we are 

unsure of. We don’t know whether they are over sixty-five 
o*J.f they have been convicted of a felony.

Q. So that all you did use you know their moral charac­
ter ?

A. We know of it. I presume we know of it, or some 
member of the commission knew of it.
"“ Q. So, as a matter of fact, you are not sure of the moral 
character of the names on your jury roll.

A. To a great extent, we are. You asked me was I sure 
of all of them personally. I don’t know them all. I said 
that some members of the commission would know those I 
don’t know.

Q. But the commission as a whole you feel is sure of the 
moral character of every name on this book?

A. That’s right.
Q. And you are sure of the qualifications of every man 

on this roll to serve as a juror?
A. As far as we know.
Q. Which is marked Exhibit X, and purports to be the 

jury roll of Dallas County, Alabama, compiled October, 
1953. I mean, not you personally, but you as chairman of 
the commission feel that you can be sure that every name 
on this roll possesses all of the qualifications and none of 
the disqualifications set out by the statute of the State of 
Alabama ?

A. Yes, until we are shown different.
Q. To what extent did you use the telephone directory



80

in ascertaining whose name should be placed on this roll? 
What was its purpose?

A. Well, the telephone directory, I used that book per­
sonally. I know it was used.

Q. Why did you use it?
A. I was particularly interested in getting the names of 

people in a certain precinct.
Q. Just how would you use the telephone directory in 

trying to get the names of people in a certain precinct?
A. Gro by the address.
Q. I assume you already had the names?
A. Not necessarily.
Q. You just went through the directory, name by name 

and page by page?
A. That’s right.
Q. How did you go about listing the 200 or 250 negroes 

whom you say are listed in this book?
A. Some from the city directory, and some were ob­

tained from these gentlemen who helped us gather names 
„4_for qualified jurors.

[fol. 75] Q. I assume, then, when you put them on the 
roll you knew they were negroes?

A. At one time we did. I don’t know that I could pick 
them out on there now.

Q. At the time you put them on there, at the time you 
were making up the jury roll, did you know they were all 
negroes ?

A. Yes.
Q. Did you put them on there because they were negroes ?
A. Not in every case. They were qualified jurors.
Q. Let’s see if I follow you, sir. Does your commission 

set out to put a certain number of negroes on that roll?
A. No certain number.
Q. How did you go about it, to put negroes on it at all? 

Now, you only had three on the previous roll.
Special Prosecutor Gayle: We object to that. He said 

he only knew of three.
The Court: Sustain the objection, because Mr. Hill testi­

fied he could only identify three.
Attorney Hall: We didn’t intend to confuse the witness.



Q. Now, to your knowledge, there were only th 
groes on the previous roll?

A. That is true.
Q. And how do you know or why do you know that there 

are at least 200 or 250 on the present roll?
A. Well, during this last hearing, if I may bring that up, 

it was more or less brought out that there were not many 
negroes on the jury roll. The commission thought they 
should rectify that matter, and they went about it, trying 
to do so.

Q. So what did you do, Mr. Hill?
A. We made a specific point of trying to include qualified 

negroes in our jury roll.
Q. How did you go about doing that ?
A. We asked prominent men within the community to 

offer to us the names of qualified negroes to be placed in 
the box.

Q. Let’s see if I understand you, sir. You went to prom­
inent men in the various communities and asked them to 
give you the names of some qualified negroes!

A. We didn’t specifically say negroes, we said qualified 
people including negroes.

Q. You did not say, “ Give us the names of some qualified 
negroes” , but you said, “ qualified people, including ne­
groes” ?

A. That’s right.
Q. And now, after you had gotten these names, how did 

you go about ascertaining how many you had that were 
negroes?

A. You mean names they had given us?
Q. Yes, since you had made no particular effort to get 

negroes as such.
A. We asked people to designate on the list given us 

the names of those who were negroes.
[fol. 76] Q. You went to prominent men in the various 
communities and asked them to give you the names of 
qualified citizens in their communities who could serve as 
jurors and whom you could list on your jury roll, and you 
asked them to set out and specify which of those names 
were white and which were colored ?

6—53



82

A. That’s right,
Q. I see. And having gotten this list, you included those 

names on your jury roll?
A. That’s true.
Q. So that you can be fairly well certain of the number 

of negroes you have on the jury roll.
A. That is true.
Q. I see. Do you designate the persons on your roll by 

some symbol or anything to set out whether they are white 
or colored!

A. We do not.
Q. Do you know the total number of names you have on 

the present jury roll?
A. I ’d say between fifteen and sixteen hundred names.
Q. Do you recall the number you had on the previous 

roll?
A. Not exactly. I think it was around 1,300. I am not 

positive.
Q. I see, Mr. Hill, do you think you could go through the 

list and determine which of these persons were negroes?
A. Not in all cases.
Q. Are all of the persons whose names are on this roll 

in the jury box?
A. They are.
Q. All of them?
A. They are, except those who have been pulled for 

service.
Attorney Hall: Your Honor, please, may we have the 

jury box?
The Court: Mr. Sheriff, bring the jury box in, please, 

sir.

(The sheriff leaves the court room to get the jury box)

Q. In your best judgment, what proportion of these 
negroes do you think you could identify?

A. I don’t know. Particularly within the county, there 
are some of them that I don’t know personally.

Q. Did I understand you to say that these names were 
given to you on work sheets or lists?

A. That’s right.



Q. Does your commission have those lists in its posses­
sion ?

A. I don’t know. I think most of those lists were de­
stroyed.

Q. Do you think you could identify at least half of those 
names of negroes?

A. I could try.
Q. We don’t want to take up your time unless you could 

identify half or at least half.
A. I think I could.
Q. We show you this book, purporting to be the jury 

roll for Dallas County, Alabama, compiled October, 1953, 
which is marked Defendant’s Exhibit X, and ask you to 
examine the names written in that book and point out for 
the Court, if you please, which of those names are those of 
colored people—or as many as you can,

A. You want to go through this entire book?
[fob 77] Q. Yes.

The Court: I prefer letting Mr. Hill retire to the jury 
room.

The Witness: How do you want me to do this? Mark 
the roll?

The Court: No, sir, don’t mark the roll. I will give you 
a pad of yellow paper that you can take with you and 
mark the page or precinct they are taken from.

(The Court hands pad to the witness.)
The Witness: What do you want on this ?
Attorney Hall: Just the number of negroes, if you ascer­

tain them by precincts.
(Witness leaves the court room with Exhibit X  and pad.)

83

C. C. T hom as , being duly sworn, testified as follows:

Direct examination.
By Attorney Hall:

Q. Are you Mr. C. C. Thomas?
A. That’s right.
Q. What is your occupation or profession?



84

A. Druggist.
Q. Is your place of business located in Dallas County,

sir?
A. Yes.
Q. In the City of Selma?
A. Yes, sir.
Q. How long have you lived here?
A. Forty-two years.
Q. Are you a member of the jury commission of Dallas 

County?
A. I am.
Q. How long have you bee- a member of such commis­

sion ?
A. I was appointed by the present Governor in his first 

year.
Q. That was in 1951?
A. Yes.
Q. And you are still serving at a member of that com­

mission?
A. Yes.
Q. Mr. Thomas, how many jury rolls have you prepared 

or helped to prepare as a member of the jury commission 
of Dallas County, sir?

A. Only two.
Q. Do you recall when you prepared your first one, sir?
A. At our first meeting that year.
Q. In 1951?
A. Yes.
Q. I see. Do you recall, sir, how many negroes were 

included on that roll?
A. I think there were thirty-five or forty. Let me clear 

myself. I am not sure whether we prepared a roll or 
whether we went on with the roll and box as was, and 
added names to that box. I am not positive about that.

Q. I ’d like to show you this book, marked Exhibit A, 
purporting to be the jury roll for Dallas County, Alabama, 
for the years 1951 up until ’53. Now those are the years 
[fol. 78] during which you served as a member of the 
jury commission?

A. Yes.



85

Q. And I will ask you if you remember examining that 
book sometime previously!

A. I do.
Q. Do you recall when it was!
A. At the last trial of the defendant here.
Q. Do you recall the date, Mr. Thomas?
A. No. I think it was in September, wasn’t it?
Q. You think it was in September. But it was in the 

cause of the State of Alabama against William Earl Dikes!
A. That’s right.
Q. When the defendant was arguing certain motions 

going toward quashing the indictment because of irregu­
larities in the constitution of the grand jury and petit jury 
of Dallas County at the time. Do you recall how many 
names you could identify on that book as being those of 
negroes?

A. Only identified two in the district that you requested 
that I identify them, as I remember.

Q. Do I understand you to say that you could only iden­
tify two names on this roll as being those of negroes?

A. No, I think it was Precinct 36.
Q. You didn’t go through the whole roll?
A. Wasn’t asked to. No.
Q. It is your impression, then, that this roll included 

the names of thirty or thirty-five negroes, is that true?
A. That’s my impression. That is, as I remember it, I 

said at the time there were thirty or thirty-five.
Q. On what did you base that?
A. Having gone through the cards in the box.
Q. Do you recall that there were certain cards in the 

box containing names of persons whose names were not 
on the jury roll?

A. I think that is true.
Q. And you also know, as a member of the commission, 

that you are to first make the roll and then make the box. 
Is that true?

A. That is what we did this year, and it is not clear 
what we did about it in ’51.

Q. So that, as a matter of fact, you have no reason to 
believe there were thirty or thirty-five negroes on that 
roll?



86

A. There were thirty or thirty-five cards in the box.
Q. But not necessarily on the roll?
A. I don’t know.
Q. I see. I believe your commission has met sometime 

lately and made a new jury roll for Dallas County. When 
was that?

A. Our first meeting was October fifth.
Q. October fifth?
A. Yes.
Q. What time was that? Do you recall the time?
A. The time of day?
Q. Yes.
A. I think it is usually three o ’clock in the afternoon. I 

[fol. 79] work until two, and have lunch and come back.
Q. Was the case of the State of Alabama versus William 

Earl Fikes being heard at that time in this court room?
A. I don’t know.
The Court: You mean the motions filed on behalf of 

William Earl Fikes?
Q. Do you recall his Honor was hearing testimony on 

the motions which had been filed to quash the indictments 
against William Earl Fikes on October fifth?

A. I don’t think so, but I am not positive.
Q. Do you recall, sir, where your commission met at 

that time? Do you recall?
A. We usually met in this room over here to the left.
Q. If those motions were being heard at that time, would 

you have known it?
. A. I don't know whether I would or not.

Q. You don’t know? Do you recall, as a matter of fact, 
what date you testified in the previous hearing?

A. No. That is a matter of record here in the court 
house.

Q. You don’t know whether it was October fifth or not, 
do you?

A. No.
Q. Do you recall what day October fifth fell on this year?
A. No.
Q. Was it the first Monday in October of this year?
A, I don’t know—I don’t remember.



87

Q. On what date did yon have the jury roll completed ? 
What date in October?
A. A. We-worked about three or four times after the fifth. 

l f t ja s .a b ng about the fifteenth or seventeenth, f
Q. When you say you worked about three or four times, 

do you mean you had meetings?
A. Yes.
Q. I see. And did you type up the jury roll at that time? 
A. No, we don’t type up the roll.
Q. How do you go about that?
A. We employ a clerk to type it up.
Q. What does the commission do during its meetings? 

Just meet and write down names or compile lists or what, 
sir?

A. When we make up a tentative list and agree on it, 
the president of the commission employs someone to write 
up the roll and the cards.

Q. Do you have any judgment or any opinion as to how 
many negroes are on the present jury roll for Dallas

/County, Alabama?
A. Between 275 and 300.

Q. Do you have any opinion as to why so many are on 
the present roll?

Special Prosecutor Gayle: We object to that.
The Court: Over-rule.
Q. Answer, please, sir.
A. Well, there are good many things that enter into the 

/ qualifications of a citizen to qualify as a juror: his en- 
| [fol. 80] vironment in which he lives, the question of
I venereal disease'------|

Q. Just where would venereal disease fit in?
A. In the effect on those born of one infected with it.
Q. All of this must be considered in determining the 

, qualifications or disqualifications of a juror?
A. That is my understanding.
Q. Go right ahead.
A. And illegitimacy. That is considered.
Q. Yes, sir. What else, sir?
A. I think that about covers it.
Q. The question, Doctor, which I didn’t quite under­

stand you to answer, was if you had an opinion as to why



there are between 275 and 300 negroes on the present 
jury roll, compared with the thirty or thirty-five on the 
previous jury roll.

A. Well, I don’t know that I have. We made a very 
close study of the situation as we found it after the other 
trial.

Q. When you say “ close study” , sir, what does that en­
tail? Would you mind telling us just what the commission 
did?

A. Well, first, to get these namê s, we took qualified 
voters lists and then the city directory, telephone directory, 
and we contacted men we felt were competent to assist us 
with names of men competent to sit on the jury that lived 
in various parts of the county.

Q. Did you list all of the names of men in this county 
on the jury roll?

A. No.
Q. Why didn’t you?
A. List every man in the county?
Q. Yes, sir.
A. No, I didn’t know that was required.
Q. What men did you list, sir?
A. We listed about 1,500 in all.
Q. How did you arrive at that figure?
A. We thought that was sufficient for the requirements of 

the Court.
Q. Let me understand you, Doctor. After you reached 

1,500, you thought that was enough, is that true?
/ A. Yes.
I Q- And you just stopped there ?

A. Yes.
Q. I see. Doctor, in your best judgment, sir, what is the 

male population of Dallas County?
A. Well, I don’t know. I think it is six or seven thou­

sand. I am not sure of that.
Q. Does that include white and colored males of every 

age?
A. Of every age.
Attorney Hall: At this time we would like to ask the 

Court to take judicial notice of the figures which are part 
of our pleading as to the fact that at the time the grand



89

jury returned the indictments against William Earl Fikes, 
according to the Seventeenth Decennial Census of the popu­
lation of the United States, its Territories and Possessions 
for the year 1950, published by the United States Depart­
ment of Commerce, Bureau of the Census, of which the 
[fol. 81] courts of Alabama take judicial notice, the whitel 
male population of Dallas County, Alabama, between the \ 
ages of twenty and sixty-four years numbers 5 .583. and \ 
that the negro male population between the ages of twenty 
and sixty-four years numbers 6,772; and further, that the 
total white male population over the age of twenty years 
numbers j6,200, and that the total negro male population 
over the age of twenty years numbers ̂ 8,200. If your 
Honor please, if the Court will take judicial"notice of those 
figures, without requiring us to------

Solicitor Hare: (Interrupting) That is all right.
The Court: Yes, sir.
Q. According to the census of the United States, as last 

compiled, there are 14,400 males in Dallas County quali­
fied to serve as jurors-------
_ Solicitor Hare: (Interrupting) We object to the ques­

tion.
Attorney Hall: By virtue of age.
Solicitor Hare: He said qualified to serve on juries.
Attorney Hall: If your Honor please, I think the State 

got me too quick. Added to that, by virtue of age.
Q. The total male population of Dallas County is 14,400. 

You are aware that that is a fact?
A. You just told me.
Q. And now, out of that total number of male names, 

the commission on which you serve determined that 1,500 
of that number would be sufficient for the purpose of this 
Court. Is that true?

A. I don’t know how we arrived at it—state your ques­
tion again.

Attorney Hall: I will ask you to read that.
The Court Reporter: (Reading from her notes) “ And 

now, out of that total number of male names, the commis­
sion on which you serve determined that 1,500 of that 
number would be sufficient for the purpose of this Court.
Is that true?”



90

The Witness : We determined that, yes.
Q. All right. Now, Doctor, how did you go about deter­

mining what negroes to put on the jury?
A. The same way we went about getting white people.
Q. How is that?
A. By contacting people and swapping knowledge be­

tween ourselves, from the city directory and voters list, 
and then by personal contact.

Q. Am I to understand that you didn’t know whether 
you were putting negroes on there or white people?

A. No, I think we knew.
Q. How did you know that you were adding negroes?
A. Just by—well, in the directory, I think it is des- 

[fol. 82] ignated.
Q. Does the city directory designate whether or not a 

person is colored or white.'
A. Yes. And then we depended on people that hues' 

them. I couldn’t identify this negro or that negro on the 
roll. We took the word of competent people.

Q: When you say “ competent people” , what do you 
mean?

A. People well enough acquainted with them to know
their competency.

Q. How did you determine who would be well enough 
acquainted with negroes to determine they would be quali­
fied to serve as jurors?

A. People in their community. They know pretty well 
the reactions of colored people in their communities.

Q. Do I understand you to say that you went into the 
various beats and precincts and contacted people? How 
did you do that, sir?

A. As I would meet them here in town or out in the 
country. I didn’t go out for that particular purpose.

Q. From the fifth of October through the seventeenth 
of October, during the course of your meetings here and 
the compiling of this jury roll, you had time to meet in 
town persons who gave you various names? You made no 
definite effort to get these names ?

A. You can call it definite or not.
Q. Did you go to people and ask them to give you a list 

of names of negroes?



91

A, Yes, negroes and whites that are capable of serving- 
on the jury.

Q. So you told these people you wanted people who 
were capable of serving on the jury!

A. That’s right,
Q. The people you went to, were they .members of the 

jury commission!
A. No.
Q. How did you determine they were capable of deter­

mining who was capable of serving!
A. In a lot of cases we told them.
Q. So you deputised them!
A. No.
Q. How did you know the exact number of negroes you 

have on the jury roll, to within a few!
A, The same way we would know how many whites were 

on there.
Q. Does that mean at the time you compiled that roll you 

knew which were white and which were colored!
A. Yes.
Q. How did you know!
A. We had the names so we would know.
Q. Doctor, you correct me if I am wrong., The members 

of the commission themselves set out and listed the. names 
of certain negroes that y o u  knew! t

A. That’ s” fiiptf:
Q. And then asked responsible persons scattered 

throughout the county to submit names of negroes that they 
felt were qualified!

A. That’s right,
Q. And in this way you got the names of the negroes who 

[fol. 83] are included on this roll!
A. Yes.
Q. At the time you put their names on the roll, you knew 

they were negroes!
A. Yes, sir.
Q. There was no doubt in your mind as to whether they 

were white or colored!
A. That’s right. And if they hadn’t been honest men 

we wouldn’t have asked them.
Q. I see. You say that it wouldn’t be any use of your



92

examining the roll, because yon wouldn’t know whether 
they were colored or white?

A. I don’t think I could pick them out.
Q. Would you know whether or not they were thieves?
A. By reputation I would know they weren’t thieves, 

and by recommendation.
Q. But you had to depend upon the recommendations 

of the men you asked in the various communities?
A. I wouldn’t be competent to pick 1,500 men in this 

county without help.
Q. Does your commission have a clerk?
A. Yes.
Q. Did you have a clerk in October, 1953?
A. Yes.
Q. What are that clerk’s duties?
A. She meets with the commission and keeps the minutes 

of the commission.
Q. What else?
A. And I think we could call on her to go with us or 

make contacts.
Q. Do you call on her to go with you and make contacts ?
A. We have not as yet. She was only elected in October.
Q. Of this past year?
A. Yes.
Q. You didn’t have a clerk previous to October?
A. No.
Q. What is the name of your clerk?
A. Mrs. Houston.
Q. At the time that certain motions were heard in this 

Court in September with reference to indictments then 
pending against William Earl Kires, in case No. 8009, 
was Mrs. Houston the clerk of the jury commission?

A. She was employed just for a time. She was not per­
manently elected until October.

Q. Was she acting as clerk then?
A. Yes.
Q. Had she been acting for sometime previous to that 

time as clerk?
A. Well, I don’t recall how many times she did act.
Q. Do you recall whether or not Mrs. Houston was sub­

poenaed as a witness in those hearings?



S3
A. She testified in that case back there.
Q. And you are now saying, sir, at that time she was not 

the clerk of the jury commission of Dallas County?
A. She was not permanently employed like she is now.
Q. So, up until October of this year she was acting 

merely?
A. Yes, on call.
Q. And how was she paid then? By the job!
A. So much a day.

[fol. 84] Q. And she got no regular salary as clerk? Just 
paid by the day, and no monthly salary?

A. No.
Q. Has Mrs. Houston—did she in October of this year 

visit any precincts or all of the precincts in this county?
A. Not to my knowledge.
Q. Has she compiled a list of all of the male citizens of 

Dallas County over the age of twenty years?
A. Not to my knowledge.
Q. How long have you lived in Selma?
A. I believe I told you forty-two years, a few minutes 

ago.
Q. I am sorry if I repeat. Forgive me. Do you have 

a wide acquaintance among colored people ?
A. I think I do.
Q. I believe you are in the drug business?
A. That’s right.
Q. Do you have a fairly large clientele among colored 

people?
A. Yes, in a retail way, but they don’t have many ac­

counts and I don’t know their names.
Q. Do you think you would be pretty well acquainted 

with the negroes who live in Selma?
A. I know them all by their faces, but I don’t think I 

could call so many names.
Q. Can you tell us whether or not you have an independ­

ent recollection of the names of any negroes who live in 
Selma who are listed on the jury roll of Dallas County now, 
sir? If so, approximately how many?

A. No. No.
Q. Without going through the roll?
A. No, I don’t think so.



94

Q. As I understand it, you commissioners do rely on per­
sonal contact to a large extent in building the jury roll!

A. Yes.
Q. So I was merely asking you as a commissioner if you 

had relied upon your personal contacts to include some on 
the jury roll.

A. Well, to some extent. We discussed them, the three 
jury commissioners. When we came upon a name, we would 
discuss it and if some member of the commission knew him 

\ well enough to recommend him he was accepted, or he was 
I passed until we got further information.

Q. He has to get some means of getting into the dis- 
■ cussion. One method you used was personal contact!

A. Yes.
Q. And another, the city directory and telephone diree- 

| tory!
A. Yes.
Q. And some reputable person to supply his name!
A. Yes.
Q. And I assume that on your first method, personal 

contact for some of. your jurors, I assume that Selma is 
your largest area and most of your intelligent negroes 

{ would live in Selma, and so you might have some recol­
lection of negroes you yourself may have suggested as 
being qualified !

A. I can’t say that I do.
Q. So that so far as you know, you did not suggest the 

name of a single negro living in Selma?
[fol. 85] A. I am satisfied that I did, but I wouldn’t at­
tempt to name them here.

Q. I see. Sir, were you present at the time the jury box 
was filled!

A. Yes.
Q. Can you state every name listed on the jury roll of 

Dallas County for October, 1953, was put on a card and 
had been put in that jury box, except those that have been 
drawn for service?

A. Yes, they were listed and put in the box.
Q. Can you, as a member of the jury commission of the 

City of Selma, say that you put only the names of persons 
you knew to be qualified to serve on the jury roll of Dallas 
County?



95

A. And those recommended by someone else.
Q. So that if they were recommended by someone else, 

the commission went no further into the list?
A. We always studied the list. We didn’t do too much 

about the ones we asked for out in the county.
Q. As a matter of fact, the city directory for Selma does 

not include the names of persons living outside of Selma?
A. No.
Q. So you could not rely on the city directory for any 

names but those who lived in the city of Selma.
A. That’s right.
Q. And for the other precincts and beats you would have 

to rely on other sources?
A. Yes. Not altogether. We know a lot of people in the 

county, but for the majority we would have to have help.
Q. Doctor, how many persons would you say, in your 

best judgment, who are over the age of twenty and under 
the age of sixty-live who live in Dallas County, Alabama, 
are qualified to serve as jurors in this county?

A. Well, that’s a big question. I don’t know how many 
are qualified.

Q. Do you think it would be more or less than the 1,500 
listed on the jury roll?

A. I feel sure it would be more than 1,500.
Q. Do you think it would be 3,000 out of 14,000 ?
A. It is possible.
Q. Do you think you might have half of that 14,000?
A. I don’t think so.
Q. So it is your personal opinion that at least half of 

male citizens in Selma, over the age of twenty in Selma, are 
not qualified to serve as jurors?

A. Did you say Selma or Dallas County?
Q. That was my mistake. Dallas County.
A. That’s right.

Cross-examination.
By Solicitor Hare:

Q. The statute excludes a great many persons from jury 
service, doesn’t it?

A. Yes. School teachers, lawyers and doctors and under­
takers and pharmacists-^—  (voice trails off vaguely)



96

[fol. 86] Q. So when you exclude that group from, say, 
50% of the male population between twenty and sixty-five 
as eligible—and when you exclude the exempt list you 
would cut down the figure considerably.

A. Yes, that’s right.
Q. And that excludes teachers, too?
A. Yes, sir, school teachers.
Q. You said that in your best judgment there were 250 

to 300 names of male negroes on the jury roll of Dallas 
County for October, 1953?

A. That’s right.
Q. Now, Doctor, the venire that was drawn for the No­

vember session of Court, 1953, that was drawn from what 
jury box and what jury roll, Doctor?

A. This present term of Court?
Q. The civil session of Court that preceeds the criminal 

session.
A. This box was completed October 17th, and I presume 

they were drawn from this box.
Q. Your were present when the box was filled?
A. Yes, sir, but I was not there when they were drawn.
Q. You would normally assume they wTere drawn from 

that box?
A. That’s right.
Q. And I will ask you if the names of all persons on the 

new jury roll for 1953, if their cards were made and put in 
the jury box?

A. Yes.
Q. And it was from that jury box that the venire was 

drawn for the November session of Court and for the pres­
ent venire, for the first week of December?

A. Yes, sir.
Q. Now, Doctor, normally the law required the jury 

commission to make up a jury roll each year?
A. Yes.
Q. And while you were on the jury commission, do you 

know whether that was always done or not?
A. I don’t think we did it until October of this year.
Q. And Dr. Thomas, is it or not true from 1951 until you 

made up this new jury roll, did you all make up any sup­
plemental list of persons?



97

A. I think we did, and put the cards in that box. But 
I don’t think they were entered on the roll.

Q. Since yon have been a member of the jury commis­
sion, can you say that the jury roll at any time exactly re­
flected the names of persons who were in the box?

A. I am sure it didn’t.
Q. As a matter of practice, you all would make up sup­

plemental lists and put the names in the box and they were 
not entered in the roll?

A. That is right.
Q. In your best judgment, approximately, the names of 

how many negroes were in the jury box for the years 1951 
through 1952?

A. I imagine there were thirty-five or forty.
[fol. 87] Solicotor Hare: That is all.

The Court: We will take a few minutes break.
(Court stands in recess for a few minutes, then called to 

order and trial resumed.)

K e n n e t h  M. H arper, b e in g  duly sw orn , testified  as fo l ­
low s :

Direct examination.

By Attorney Hall:
Q. Is your name Mr. Kenneth Harper?
A. Yes.
Q. What is your occupation or profession?
A. Farming.
Q. Where do you live?
A. On the Old Oriwille Road.
Q. Is that in Dallas County, Alabama?
A. In Dallas County.
Q. How long have you lived in Dallas County?
A. Fifty years.
Q. Are you a member of the jury commission of Dallas 

County?
A. Yes.

7—53



98

Q. How long have yon served as such commissioner, sir!
A. Since I was appointed by the present governor when 

he took office.
Q. Would you say since 1951, sir?
A. If that was the time he took office. I was appointed 

right after he took office.
Q. How many jury rolls have you assisted in preparing 

since you have been on the commission?
A. Two.
Q. When was your first jury roll prepared?
A. Soon after we were appointed.
Q. Ho you recall when that was?
A. Late winter or early spring of that year.
Q. And when did you prepare the other roll?
A. October of this year, the first of October. We started 

the first of October and through the month of October we 
worked.

Q. You started on the first of October?
A. Not the first day, but in the first week of October.
Q. Was it during the hearing of motions to quash the 

indictments then pending against the defendant in this 
case?

A. Yes.
Q. Did you testify as a commissioner in that hearing, 

sir?
A. Yes.
Q. During the course of those hearings the commission 

was then meeting preparing a new jury roll?
A. Not during the course of the hearing.
Q. Do you recall, sir, what date?
A. I don’t know what date it was, but after Court. We 

didn’t work on it until after Court.
Q. At night, after the hearing?
A. Yes.
Q. But the hearing was going on during the day in this 

Court?
A. Yes.

[fol. 88]. Q. I see. Now, do you recall the approximate 
date that your new roll was completed?

A. Not the exact date. We have signed it, and it was 
in the month of October.



99

Q. Yon don’t recall approximately! The middle of the 
month, the last of the month!

A. Well, our records will show we officially approved it 
on a said date in October, by the minutes of our meeting. 
I can look on the record and see.

Q. Now, Mr. Harper, in your previous testimony in this 
Court on motions then pending, being heard to quash the 
indictments then pending against this defendant, William 
Earl Fikes, did you testify with reference to the number of 
negroes on the jury roll!

A. Yes.
Q. What was your testimony?
A. As I remember it, between thirty and forty.
Q. You recall that to be your testimony?
A. Yes.
Attorney Hall: If your Honor please—we will reserve 

that until later.
Q. Mr. Harper, what is the number of negroes on the 

present roll?
A. 250, or maybe a few over or under that. Approxi­

mately 250.
Q. How can you be so certain ?
A. Because we counted them ourselves.
Q. When did you count them?
A. In the middle of November.
Q. Let’s see, now. That was after you had made your 

new roll?
A. Yes.
Q. You didn’t count them before you made the roll?
A. No.
Q. How did you know they were negroes?
A. Well, we knew the names. The three of us, working it 

up together. We went through the cards, and every card 
in the jury box is on the jury roll.

Q. When did you fill the jury box?
A. In October.
Q. After filling the box in October, then you went back 

and took the cards out of the box?
A. We do that frequently.
Q. And went through the cards to ascertain what names 

were in the box?



100

A. That’s right.
Q. Then you determined how many of those names in 

the box were negroes and how many whites?
A. Yes.
Q. How many whites did you have?
A. About 1,500.
Q. You had 1,500 whites and 250 negroes?
A. Yes.
Q. You didn’t know in October how many of those peo­

ple were negroes, did you?
A. We just knew we were trying to get as many sub­

stantial ones as we could get to put in there.
Q. You mean substantial negroes?
A. Yes. We tried to get names from every source we 

possibly could, of negroes that would be material for 
[fol. 89] the jury box.

Q. How did you go about it?
A. Asking different ones over the county—store-keep­

ers here, and people that were familiar with them, and the 
assistance of negroes in the city.

Q. Which negroes in the city?
A. Mark Thomas and Rev. Brown or Jeff-Davis, Pres­

byterian minister.
Q. Those are the ones you asked?
A. Yes.
Q. They submitted names?
A. They have not as yet. They said they would.

/

Q. They didn’t submit any of that 250? 

did you get those?
/A. In my neighborhood, I asked the different ones in 

jny beat if they knew of any negroes whose names we could 
fuse in the jury box.

Q. When you say you asked the different ones, what 
do you mean?

A. Well, there is a store in my neighborhood. I went to 
the storekeeper and asked him if he could furnish me 
with the names of any negroes we could put in the jury 
box. And we asked different men. We didn’t know any 
of them.



101

| Q. These people you were asking in your neighborhood,
1 were they all white?S A. Yes.
j Q. You asked no negroes in your precinct?
I A. No.
| Q. And did the storekeepers and others questioned sup-
5ply you with names?

A.' Yes.
Q. Were you yourself familiar with the names they 

supplied?
A. Yes, and those they supplied are on the jury list.
Q. How many in your precinct?
A. I couldn’t say.
Q. How many did you know personally?
A. Not but three that I could say—off-hand I couldn’t 

say.
Q. Now, in going through the jury box in the middle of 

November, you were able to ascertain which of those were 
negroes, which were colored and which were white?

A. That’s right.
Q. Could you do that today?
A. Not by myself.
Q. But you and the rest of the commission could do it?
A. I think so, the three of us.
Q. Do you think, sir, that the three of you could do it 

separately and apart from each other, that you could 
determine those you knew and Mr. Hill could determine 
those he knew and Dr. Thomas could determine those he 
knows ?

A. Well, I think we might, yes. We had to take other 
vouchers for these, because we didn’t know them.

Q. This is what I am trying to get at: I believe you testi­
fied that sometime in the middle of November you and the 
other commissioners took the cards out of the box and 
[fol. 90] counted those that were negroes, and you testi­
fied positively there were 250, more or less, and we asked 
you------

A. (Interrupting) And I think the three of us could get 
together and take the 250 out now*.

Q. But you would have to be together? You couldn’t 
do it individually?



102

A. We would come close to picking out the 250 that way. 
Q. Separately?
A. Yes.
Q. I see. Getting hack to our first jury roll, sir, that 

one compiled for the years 1951 through 1953, I show 
you this hook marked Exhibit A, which purports to he the 
jury roll for Dallas County, Alabama, for the years 1951- 
1953. I believe it is the first one compiled by your com­
mission?

A. Yes.
Q. And we ask you if you will examine this book and 

turn to the precinct in which you live, and tell us if there 
are any names here which might be those of negroes?

A. (Witness steps down and examines book, Exhibit A) 
There are not.

Q. Not a single one, sir?

As I understand it, you helped compile this roll? 
Yes.

you didn’t include any negroes

A. No.
Q.
A.
Q. Do you recall why 

at that particular time?
A. I don’t know that I felt there were any there capable 

to serve.
Q. Did you feel there were some in October of this year? 
A. Well, with the assistance of others, and they thought 

they were. And I am not sure they are.
Q. You are not sure they are?
A— No.
Q. But you did include them at this time? 
a yes.

You have some grave doubt? 
do.

What is that based on?
I don’t know them that well, and doubt that they are 

I capable of coming here and trying evidence and bringing 
fin a verdict according to the evidence.

Q. Why do you feel they may not be capable, sir?
A. Well, I am not familiar with their education or their 

moral background. The others thought so, and I was will­
ing to accept their names and put them in there.

Q. Your precinct is twenty-five?



103

A. No, twenty-three.
Q. And there are several pages of names here (indicat­

ing in Exhibit A) ?
A. About two and a half page-, probably fifty names.
Q. For Precinct 23, all of those names are white names!
A. Yes.
Q. Do you feel they are all qualified to take evidence and 

weigh it?
A. Yes, I know them pretty well. There are a lot more 

in Union Beat that are not in that box.
[fol. 91] Q. Those in Union Beat and not in the jury 
box or on the jury roll might be qualified to serve ?

A. Might, but we don’t know them all.
Q. I take it, sir, that you don’t list persons for jury 

duty unless you know them personally?
A. I wouldn’t say every one personally, but we try to 

get them that we know are people of some character and 
background before we put them in there.

Q. What method do you use, other than your personal 
knowledge, in determining those to serve as jurors? What 
method do you use in compiling your jury roll for Dallas 
County, other than personal knowledge?

A. Any source we can get. Sometimes make a note in 
our pocket, Somebody will say something to you about a 
certain person that ought to be in the box or that ought 
not to be in the box.

Q. Do you use any other method?
A. What do you mean?
Q. We assume that you are not personally acquainted 

with every male citizen of Dallas County?
A. I am not.
Q. And the other commissioners probably are not either, 

and the three of you collectively are not, so that it might 
be necessary for you to have some reference work. We 
wondered what other method you might use in getting 
names of citizens.

A. We ask different ones in different beats to assist us 
and furnish names.

Q. Is that your only method?
A. No.
Q. What are the other methods of getting names?



104

A. Well, just as I said: we see somebody and his name 
comes before us, and we put him in or somebody says he 
isn’t qualified. Well, we have asked the sheriff here to 
advise us about certain ones.

Q. That includes you and Mr. Hill and Dr. Thomas, or 
persons you know personally?

A. Yes, or one of our personal friends whom we have the 
utmost confidence in. Then we don’t put them in the 
jury box. We have no roll of the county, white or colored.

Q. Why did you compile a jury roll in October of this 
year?

A. Because the law of Alabama states it must be done. 
Jury roll in October of each year.

Q. Did you compile one in October, 1952?
A. No, I was not familiar with the law.
Q. Has it been the custom of the jury commission in 

Dallas County to compile a jury roll each year?
A. I don’t know.
Q. We will ask you to come down here and examine 

these books, purporting to be the last jury roll of Dallas 
County. (Witness leaves the witness stand and examines 
books as they are indicated.) This book, marked Exhibit 
A, purports to be the jury roll for Dallas County for the 
year 1951 to 1953; and Exhibit B, sir, which is a bound 
[fol. 92] volume purporting to be the jury roll of Dallas 
County, Alabama, from 1942 to 1951; and Exhibit C, which 
purports to be the jury roll for Dallas County from 1931 
to 1942; and ask you, sir, if there are any other jury rolls 
which are or have been in your possession or which you 
know about?

A. Only the one we just compiled.
Q. The one compiled in October?
A. Yes. I have nothing to do with these previous rolls. 

That was none of my business.
Q. Except Exhibit A.
A. That’s right.
Q. And that one lasted for two years?
A. Approximately.
Q. So that the reason you compiled the new roll is 

because the law requires you to compile it every year?
A. Yes.



105

Q. I see. Why does the new roll include the names of 
250 more or less negroes and the previous roll contained 
the names of many less?

A. Well, it was just thought that we should have more 
negroes’ names in the bos, so we set out to try to get 
negroes’ names to put in the box that were suitable to go in 
there. And we used every available source we knew of.

Q. Did you use the registered voters list?
A. No.
Q. Do you think a man who is qualified to vote in Dallas 

County would be qualified to serve on the jury?
A. I don’t know what the qualifications are. 1 think if 

he pays his poll tax and registers he can vote, but there 
are other qualifications for jurors.

Q. Did you examine the tax assessor’s list?
A. No.
Q. Do you think if a man is a property holder in Dallas 

County it might indicate he has qualifications to serve? 
A. Might.
Q. Do you think the tax assessor’s list might be helpful? 

Why don’t you use the tax assessor’s list?
A. Frankly, I didn’t think of it,
Q. Did you go to persons of your own acquaintance?
A. That’s right.
Q. To determine what negroes you should include on 

the roll?
A. That’s right.
Q. And I believe you said that you had asked two 

negroes?
A. Yes, Mark Thomas and Rev. Brown.
Q. And they have not submitted any names?
A. No.
Q. Did you ask these people for names previous to the 

time you compiled this roll or afterwards?
A. We work on it all the time. And at one of our meet­

ings we said we would ask them, and I asked Mark and 
Mr. Hill called Rev. Brown. And I told Mark we had asked 
Rev. Brown and he could get with him, and I understand 
Mr. Hill told Rev. Brown that Mark had been notified. 
And we asked them to supply us with the names.



106

Q. Is there some special thing about these two men that 
suggested these men to the commission?

A. Yes.
[fol. 93] Q. Are they leaders in the community?

A. Yes. In my association with the negro race they have 
stood for the better things in the community, and I thought 
they would know the ones, or would know ones to contact, 
just as I did.

Q. When you say they have stood for the better things 
in the community, what do you mean?

A. In my opinion and in the opinion of others, both 
white and colored.

Q. Are both of these men voters?
A. I couldn’t say.
Q. They are both property owners?
A. I am sure Mark is. I don’t know whether Rev. Brown 

is or not.
Q. I see. We are going to ask you, Mr. Harper, at some 

subsequent time to examine the last jury roll compiled by 
your commission.

The Court: He can do it now. Mr. Hill is ready to 
come in.

Q, We are going to ask you to examine that particular 
volume, Exhibit X, compiled by you in October, 1953, 
and set down for us the names of those listed there whom 
you know to be negroes. We would like for you to write 
the names out and designate the precinct.

A. All right.
The Court: By name and precinct. Mr. Hill, if you 

will turn over to Mr. Harper your book, and take off the 
portion of the pad you used and give the balance to Mr. 
Harper.

(Mr. Hill turns book and pad over to Mr. Harper, and 
gives his list to Attorney Hall.)

(Mr. Harper leaves the court room with Exhibit X.)



107

W allace H il l , recalled to the witness stand, testified 
farther as follows:

Direct examination.

By Attorney Hall:
Q. Have you examined the volume marked Defendant’s 

Exhibit X f
A. I have.
Q. Which purports to be the present jury roll, compiled 

in October, 1953?
A. I have.
Q. Did you examine it page by page to ascertain which 

names listed there were negroes?
I A. I did.

Q. And did you write those names down and number 
them with reference to precincts ?

A. I did.
Q. Will you tell the Court exactly how many you found?
A. Yes, 177.
Q. Were you very careful in your examination?
A. Yes. In case of doubt, I didn’t put them down. 

j[fol. 94] Q. You are fairly certain that is the total nnm- 
fber of negroes on the jury roll?
I A. No. This is the ones I picked out.
! Q. Do you mean there may be more ?

A. There may be more. How many, I don’t know or 
I am in doubt about.

Q. How do you know these? Are you personally ac­
quainted with them?

A. With some, yes. And I remember them from the 
names that were turned in on our work sheets, and some 
I ascertained from the address, and some from the occupa­
tion as shown in the book.

Q. Have you lived elsewhere in Dallas County other than 
Selma?

A. No.
Q. Do you have a large acquaintance among negroes 

in Selma?
A. Not too many.



108

Q. Do you have a large acquaintance with negroes out­
side of Selma?

A. No.
Q. Could you pick 177?
A. I imagine I could from both sexes.
Q. Let’s say males.
A. I don’t think so.
Q. Between the ages of twenty and sixty-five.
A. I don’t think so.
Attorney Hall: We are going to excuse you for the time 

being.

Cross-examination.

By Solicitor Hare:
Q. I will ask you if you are familiar with Section 20 of 

Title 30 of the Code of Alabama as it relates to the jury 
commission? (Hands code to the witness.)

A. Yes, sir.
Q. In the Code, read that first part, or first sentence.
A. (Beading from the Code) “ The jury commission 

shall meet in the court house at the county seat of the 
several counties on the first Monday in October in each 
year, and shall make in a well bound book a roll containing 
the name of every male citizen living in the county who 
possessed the qualifications herein prescribed and who is 
not exempted by law from serving on juries.’ ’

Q. And the law has heretofore designated the first Mon­
day in October as the time you are supposed to go to work 
on that?

A. By the law book.
Q. Now that has been changed?
A. It has.
Q. And you are given what period of time to make the 

jury roll?
A, (Reading from “ 1953 Cumulative Pocket Part’ ’ of 

Code) “ The jury commission shall meet in the court house 
at the county seat of the several counties annually, between 
the first day of August and the twentieth day of December. ’ ’

Q. And the meeting of your jury commission and the



109

preperation of your jury roll for the year 1953 was in ac- 
[fol. 95] cordance with the provisions of law pertinent to 
the conduct of your jury commission!

A. It was.
Q. Do you recall when you completed that roll and certi­

fied it!
A. We completed the roll by the seventeenth of the 

month.
Q. By the seventeenth of October!
A. Yes, sir.
Q. Now, I will ask you if the jury box was filled about 

that time!
A. It was.
Q. And if the cards that were put in that jury box rep­

resented the names of all of the persons on the jury roll 
at that time!

A. It did.
Q. And I will ask you if the jury that was drawn for 

the week of November 9, 1953, was drawn from the fully 
prepared box and newly prepared roll?

A. Yes. So far as I know.
Q. And if the present venire, that one for the session 

of Court beginning December 7th, was drawn from that 
box and that newly prepared roll!

A. So far as I know.
Q. You say that you served on the jury commission for 

a few months prior to your reappointment in January, 
1951. Do you recall that the jury commission made up a 
new and complete roll for every year!

A. I don’t know.
Q. You made up a jury roll when—after you were ap­

pointed?
A. We were appointed in 1951, and we made a roll in 

October.
Q. In the year 1951?
A. That is true.
Q. Did you prepare a new roll in 1952?
A. Did not.
Q. Mr. Hill, did you and the jury commission prepare 

any supplemental list of persons during that time from 
1951 until October 1953?



110

A. We made some lists.
Q. Did you cause cards to be printed?
A. We made cards from those lists.
Q. Were those listed put on the jury roll!
A. I don’t believe they were.
Q. During the year 1951 and until October 1953, do you 

know whether the names of any negroes were in the jury 
box?

A. There were some names in the box.
Q. Approximately how many do you recall being in 

there ?
A. I can’t set a fixed number on that.
Q. Can you give me an estimate?
A. I ’d say from twenty-five to fifty.
Q. And they were in the jury box and subject to being 

drawn during that time?
A. They were.
Q. Now, Mr. Hill, you were asked previously about some 

persons being disqualified by reason of being felons, or con­
victed of felony. I will ask you if this roll for 1953, if 
you have made any effort to determine whether persons 
[fol. 96] whose names are on there have been convicted 
of crime?

A. If we knew they were convicted of crime their names 
would not be in there.

Q. You have access to the Circuit Court records, do you 
not, in finding out about convictions? Or your clerk does?

A. I imagine we would have.
Q. And the City records, you have the privilege or you 

can or do call the police department to determine persons 
criminal records, if the question is raised?

A. We do.
Q. If a person was convicted in Federal Court, would 

you have any way of determining whether that person was 
convicted of not?

A. To my knowledge, we don’t have any way. I don’t 
know whether we could or not.

Q. Have you ever called Mobile to find out?
A. No.
Q. But do you know of any records in Dallas County



I l l

to go to for you to determine whether or not a person was 
convicted in the Federal Court!

A. No, sir.
Q. Now, Mr. Hill, until this roll was made in 1953, I will 

ask you if the jury roll at any time exactly reflected—if 
the jury roll of Dallas County, so far as you know, exactly 
reflected the names of those persons on the jury roll!

A. We thought so.
Q. But you did make up supplemental lists!
A. Yes.
Q. And you put those names on the jury roll at that 

time ?
A. That is true.
Q- Mr. Hill, in determining the qualifications of persons 

for jury duty, you stated that you don’t know of anybody 
who has been convicted of crime whose name is on the jury 
roll and in the jury box. You don’t put them in there, 
do you!

A. We do not.
Q. Do you put permanently ill and disabled people in 

there!
A. We do not.
Q. Do you put teachers or any of those persons in the 

list of those persons exempt from jury duty!
A. Not knowingly, we do not.
Q. Do you knowingly put the names of persons in the 

jury box who can not read and write the English language ?
A. I don’t know of any in there that can not read and 

write.
Q. Have you put the names of persons in there who are 

suffering from some loathsome disease ?
A. No, as far as I know, there are none in there.
Q. Have you put in the names of any persons suffering 

from venereal disease!
A. To my personal knowledge, I don’t think so.
Q. Have you put the names of persons in there who are 

known or suspected to being of illegitimate birth!
A. No.
Q. Now, Mr. Hill, have you put the names of any 

[fol. 97] lawyers on this jury roll or in this jury box!



112

A. Not knowingly.
Q. Have yon put the names of any doctors or phar­

macists ?
A. No.
Q. Have you put the names of any teachers in that box'?
A. Not knowingly.
Q. Have you put the name of any dentist in that box?
A. No.
Q. Have you put the names of any preachers in that 

box?
A. Not knowingly.
Q. Are they exempt, under the statute?
A. Teachers are exempt.
Q. And ministers?
A. "We don’t put them in as a class.
Q. Are they excluded?
A. No, but we don’t put them in there.
Q. What about policemen and deputies?
A. They are exempt.
Q. Firemen?
A. Firemen are not exempt, but I don’t know whether 

we have any or not.
Q. And undertakers, do you recall any undertakers?
A. Licensed embalmers are exempt, and as far as I know 

we have none in there.
Q. So, as far as you have been able to determine, none 

of the persons exempt from jury duty under Section 3 
of Title 30 have been included on the jury roll or put in 
the jury box?

A. That’s right.
Q. Now, you said there are approximately 250 names 

of negroes in the box and on the roll?
A. I said at least that many.
Q. Now, Mr. Hill, have you and the other members of 

the jury commission made any diligent effort to get the 
names of negroes to go on there ?

A. We have made efforts to do that, and are continuing 
to do that at the present time, to get qualified negro jurors.

Q. Have you put any negro teachers in there?
A. Not knowingly.



113

Q. Or any negro pharmacists or dentists of physicians?
A. Not knowingly.
Solicitor Hare: That is all, with the right to recall.

Redirect examination.

By Attorney Hall:
Q. I believe on cross-examination you said that your 

commission inquires into the legitimacy of a man’s birth 
before you put him on the jury roll.

A. No, I didn’t say that.
Q. What did you say about illegitimate birth? "Was 

there some question raised about that? You don’t put 
persons on the roll who are illegitimate?

A. It we know it.
Q. Why?
A. We just don’t consider that as a part of a person’s 

high moral character.
[fols 98-100] Q. His birth has something to do with his. 
character?

A. In some cases it might have.
Q. Birth may or not have anything to do with Environ­

ment. We do want to get the commission’s view on this 
particular subject. Just what does the commission mean 
when it says it will not put on the jury roll of Dallas County 
a person of illegitimate birth?

A. That is a question that has necessarily come up 
within our own commission meetings. He asked me had we 
done it, and I said not knowingly.

Q. About this reading and writing the English lan­
guage. Did I understand you to answer the State’s attor­
ney on cross-examination that you did not have anybody 
on this roll who can’t read and write the English language ?

A. Not knowingly.
Q. Why wouldn’t you put him on there?
A. 1 would if he was of high moral character and pos­

sessed the other qualifications. I don’t know of any one 
in there.

Q. You are not personally acquainted with most of those 
people ?

8— 53



114

A. That’s right.
Q. With reference to preachers, where did that rule 

come from?
A. That is not a rule, but it has been more as a practice 

from the jury commission for years gone back, and it is 
our own personal thought that the preachers should not 
sit in judgment on their own people.

Q. So you exclude them as a class?
A. We do.
Q. And undertakers, you qualified your answer there? 

You said only licensed embalmers?
A. As far as I know, you can be an undertaker and not 

be a licensed embalmer.
Q. Is it the practice of this commission to exclude under­

takers !
A. Some classes of undertakers we might have in there. 

But the person v7ho heads the business, I don’t think we 
would put him in there, but generally they are the embalm­
ers themselves.

Q. If a man owns a funeral home?
The Court: Let’s use the local white funeral home. Mr. 

Joe Lawrence owrns it. And let him carry on.
Q. Is Mr. Lawrence an embalmer?
A. He is, but he don’t do the embalming.
Q. You don’t list him?
A. He is not listed.
Q. Because he is an undertaker or because he is an em­

balmer?
A. He is the director of a funeral home and he could 

claim an exemption because he is an embalmer, licensed 
embalmer.

# # # # # # #

[fol. 101] Mbs. P au lin e  K. B abnes , b e in g  du ly  sw orn , 
testified as follows :

Direct examination.
By Attorney Hall:

Q. You are Mrs. Pauline K. Barnes?
A. Yes.



115

Q. Are y o u  the clerk of the Circuit Court?
A. Yes."
Q. Mrs. Barnes, what is your occupation?
A. I am clerk of the Circuit Court.
Q. Which circuit is that!
A. Circuit Court of Dallas County, Ala.
Q. As such clerk—I withdraw that. How long have you 

been clerk?
A. For a number of years.
Q. Could you tell us exactly how long?
A. Since 1928.
Q. As clerk of the Circuit Court, have you witnessed the 

organization of grand juries in this Court?
A. I have.
Q. You are familiar with their formation, with refer­

ence to color?
A. Yes.

[fol. 102] Q. Have you ever known a negro to serve on a 
grand jury in Dallas County, Alabama?

A. No.
Q. Have you ever seen a negro’s name drawn for serv­

ice on a grand jury of Dallas County?
A. I don’t remember having seen that.
Q. Have you observed the petit juries in this Court 

over the years, and their formation?
A. Yes.
Q. And have you ever known a negro to serve on a petit 

jury?
A. No.

Attorney Hal]: That is all. Thank you.

Cross-examination.

By Solicitor Hare:
Q. Have you ever known the name of any negro to ap­

pear on the venire in Dallas County, Alabama?
A. Yes.
Q. Over what period of time?
A. Over what period? It would be hard to say, but



116

we’ve had them on the venire from time to time for I 
couldn’t say how long.

Q. Would you say five years? Or fifteen?
A. I ’d say from five to ten, or perhaps fifteen.
Q. During that period of time, have you ever known 

or seen a negro who was on that venire come to the Cir­
cuit Judge and ask to he excused?

A. I have.
Q. Have you known them to he excused?
A. I have.
Q. Have you known them to answer to the call of the 

venire in open Court?
A. Yes.
Q. Have you seen negroes available for grand and petit 

jury service here in Dallas County, Alabama ?
A. Yes. v  ' '
Q. They were in Court and they answered?
A. Yes.
Q. How is a grand jury drawn in Dallas County?
A. Well, all of the names are put in the hat.
Q. The names of persons on the venire who were not ex­

cused and who answered their subpoenas?
A. That’s right.
Q. Who puts those names in the hat?
A. I do.
Q. Mrs. Barnes, I will ask you, over the period of years 

you have been clerk of the Circuit Court of Dallas County, 
if you are the one who puts the names in the hat from which 
the Circuit Judge draws them?

A. Yes.
Q. During that period of time, have you ever withdrawn 

the names of any persons who were on the venire?
A. Not unless they were excused by the Court.
Q. Have you ever shunted aside and segregated the 

names or excluded the names of any persons who were on 
[fol. 103] the venire from those persons you put in the 
hat?

A. I have not.
Q. They have been there and they have been always 

available for jury duty?
A. Certainly.



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117

Redirect examination.

By Attorney Hall:
Q. In your best judgment, Mrs. Barnes, what is the 

ratio of white people to negroes in Dallas County?
A. I wouldn’t know.
Q. Are you prepared to say whether or not there are 

more negroes than whites, or more white people than ne­
groes?

A. I wouldn’t know.
Q. You have no best judgment at all with reference to 

that question?
A. No, I wouldn’t have.
Q. We would like to ask you one other question, if you 

please, Mrs. Barnes. Have you ever known a venire since 
1928 which contained the names of more negroes than 
white people?

A. No.
Q. Have you ever seen one which contained as many ne­

groes as white people?
A. No, I can’t remember ever having seen one.
Q. Have you ever seen one which contained the names 

of a third as many negroes as white people?
A. No.
Q. Do you think, Mrs. Barnes, you may have seen names 

of a fourth as many negroes as white people?
A. Well, I don’t know all of them.
Q. We were just asking for a specific instance in which, 

assuming you had a venire of eighty names, and of that 
number twenty of them were negroes. Have you ever 
known of such a venire?

A. No.
Q. Have you ever known of fifteen negroes on a single 

venire?
A. Well, no, I can’t recall it at this time.

Recross-examination.

By Solicitor Hare:
Q. You are generally in attendance in criminal sessions 

of Court in Dallas County, Alabama?



118

A. Yes.
Q. Approximately what proportion of defendants are 

negroes?
A. I ’d say sixty percent, or more.
Q. Wouldn’t you say ninety percent of more?
A. I am not very good at figuring in percentages.
Q. Would you say that a vast majority of the defendants 

in criminal cases in Dallas Countv are negroes?
[fol. 104] A. I would.

Solicitor Hare : That is all.

W. C . M c C a in , being duly sworn, testified as follows: 

Direct examination.

By Attorney Hall:
Q. State your name, please, sir.
A. W. C. McCain.
Q. Are you a resident of Dallas County, Alabama?
A. Yes, sir.
Q. Is this your native home?
A. Yes, sir.
Q. You have been here all your life?
A. Not all my life. Most of it.
Q. What is your occupation?
A. Sheriff of Dallas County.
Q. How long have you been sheriff ?
A. I ’ve been sheriff since the twenty-fourth of August, 

1946.
Q. As the sheriff of Dallas County, Mr. McCain, have 

you had occasion to attend grand jury sessions and give 
evidence ?

A. Yes, I have attended lots of sessions.
Q. Have you been present when grand juries were or­

ganized in Dallas County?
A. Yes, sir.
Q. Have you ever been in the Circuit Court of Dallas 

County, Alabama., sir, when criminals or defendants were 
being tried before petit juries?



119

A. Yes, sir,
Q. You attend most every session of Court?
A. I am required by law to attend unless excused by 

the Court.
Q. How many negroes have you known to serve on the 

grand jury?
A. I haven’t known any to actually serve on the grand 

jury.
Q. How many negroes have you known to serve on petit 

juries?
A. I haven’t known any to serve on a petit jury.
Q. I understand, sir, that over the years there have been 

some negroes included in the venires in this county. What 
is the largest number you have ever seen on a venire ?

A. I believe twelve—just guessing—is the most I have 
seen.

Q. Do you recall when that was!
A. That is the present venire. There is more than that, 

because we have some specials, but I am sure we have 
twelve or above. On the regular venier there are twelve on 
there, and I ’m not positive about the specials.

Q. But you mean this particular venire?
A. The present venire, for the next term of Court, De­

cember seventh.
Q. If there is no objection, we would like for you to go 

through there (indicating venire) and point out those 
[fol. 105] twelve to us. We would like the record to show 
he is now examining the venire list for the term of Court 
beginning December seventh.

The Court: He is going to call the numbers as he calls 
them.

Q. All right, sir.
A. No. 9, Willie Smith; No. 18, Morgan Barnes; I am 

not sure about No. 26, I am not sure about that; I question 
27, John Henry Roberts; I ’d like to state No. 28, I am not 
sure what race, creed or nationality No. 28 is, James Sieg- 
ler, Plantersville, that is a new one to me; No. 35, Young 
Childers, is a negro; No. 40, John Petty, I am not positive 
but I think he is a negro; No. 23—I mean 43—is Tom Wal-



120
ler; No. 45 is listed 126 Mechanic and that could be a negro, 
I am not sure about that; No. 47, Charlie Bascoe, is a 
negro; No. 51 I believe is a negro, Douglas Harris; No. 71, 
Washington Goodwin, is a negro; I am not sure about No. 
34 William T. Whiten—W-h-i-t-e-n, I do not know William 
Whiten. I believe that is eleven, what I identify and what I 
question on this regular venire.

Q. Did you examine the special jurors too? Six you 
identify positively and six you question.

A. All three of these special jurors are white men. I 
know them personally.

Q. So that, sir, you are sure of these six, and six may or 
not be negroes?

A. I question them.
Q. Now, Sheriff McCain, previous to this particular ve­

nire drawn for the week of December seventh, previous to 
that venire what is the largest number of negroes you have 
ever seen at any time?

A. The jury that served for civil week, this past grand 
jury—that was the jury that was drawn for the last grand 
jury and civil week.

Q. What was the total number of negroes on that venire? 
Do you recall?

A. To the best of my recollection there were seven on 
there. I am not positive.

Q. Do you recall the total number on the particular ve­
nire?

A. It would rum from sixty to seventy-five. That’s the 
number drawn for a grand jury.

Q. And the total number on the venire for the week of 
December 7 is seventy-five regulars and then we have spe­
cials, three specials for each capital case, is that correct?

A. Yes, three specials in each capital case.
Q. Now, are you familiar with the population with ref­

erence to race in Dallas County?
A. Well, I am not familiar with that. I know that the 

majority of the people listed in Dallas County is in Selma. 
I know that by observation and experience.

Q. Do you have any knowledge with reference to whether 
or not there are more negroes than whites or more whites 
than negroes in Dallas County?



121

[fol. 106] A. I believe there are more negroes than whites 
in Dallas County.

Q. In your best judgment, how many more negroes than h 
whites ?

A. Well, they will run two to one, or possibly three to 
one. I have never had any occasion to tabulate it.

Q. In your best judgment there are at least two to one, is \ 
that right ? v

A. I ’d say two to one. I believe they would run two to 
one.

Q. Would that be true of negro males and white males 
between the ages of twenty-one and sixty-five?

A. It would be hard for me to break that down. In some 
of our beats we have a good many more negroes than white, f 
Out at some of the beats, when I go to Saturday night /  
parties, sometimes I find a lot more women than men. I j  
have never made any tabulation on it. And Saturday after- / 
noon, you walk down Washington Street you would think ] 
there were ten or twelve to one; or, go over to Church 
Street on Saturday afternoon and you’d say, “ My God, 
what kind of population have we got?”  I have never made 
any tabulation on it.

Q. Would you have at least as many negro male citizens 
between the ages of twenty-one and sixty-five as you have 
white ?

A. Just from observation and all, we would have more 
negro males than we have white males in Dallas County. 
That is just from observation. I think we would.

Q. Sheriff, have you ever seen a jury venire or list which 
contained as many negroes as it did white names?

A. I never have.
Q. Have you ever seen one in Dallas County which con­

tained a third as many negroes’ names as it did white 
names ?

A. No, I haven’t.
Q. Assuming that all twelve of these persons whom you 

identified on this present venire for the week of December 
seventh, assume that they are all negroes, even though you 
yourself said there is some doubt about six of them, would 
twelve be less than one-fourth of the total number of 
names ?



122

A. No. There are seventy-five on there. I am fair in 
simple arithmetic. There are seventy-five names on there.

Q. And twelve would actually be less than one-fifth?
A. Sure would.
Q. As a matter of fact, it wouldn’t be one-sixth.
A. No, it would not be a sixth of the seventy-five names 

appearing on there.
Q. And that is the largest number you have seen on any 

venire, is that true?
A. That is the largest I have seen on a venire.
Q. I see. Sheriff McCain, did you testify previously in 

a cause entitled State of Alabama versus William Earl 
Fikes, No. 8009? Did you testify in that cause to quash 
indictments then pending against him?

A. I testified in the previous hearing of these motions.
Q. Now, at that time, Sheriff, were you asked to identify 

certain names which appeared on the jury roll of Dallas 
County as being negro or white?
[fol. 107] A. I was.

Q. Will you look at these books here, marked A, B and 
C, and tell us which of them you examined?

A. (Witness leaves the stand and examines the three 
exhibits) I don’t recall off-hand. I remember coming over 
and looking, but I don’t recall whether I looked in one or 
all three of them. I actually don’t recall.

Q. Do you recall how many names you could definitely 
say were those of negroes?

A. I do recall that there were in one of the books—I 
don’t recall whether I looked in all three of them—but in 
one of the books I was able to identify two, I believe, that 
were added in pencil. And probably I questioned some of 
them just by the name. I recall this page (indicating in 
Exhibit A) and out of the last four names the last three as 
being negroes.

Q. You are now looking at a bound volume purporting 
to be the jury roll for Dallas County from 1951 to 1953, 
marked Exhibit A. You examined this same volume on 
the previous hearing on the motions which we mentioned 
a moment ago?

A. I believe I did.



123

Q. Do you recall whether you went through the entire 
book or not?

A. I think I did.
Q. Do you recall whether or not you found any names 

other than the three written there in pencil that you could 
definitely identify as negroes?

A. I don’t recall being able to definitely identify but the 
three.

Q. So, in your best judgment, the only names on what 
purports to be a jury roll of Dallas County, Alabama, from 
1951 to 1953, the only three names which you can identify 
definitely are those written in pencil on one of the pages 
under Precinct No. 36, which is the City of Selma?

A. Yes, sir.
Q. And would you read those three names, sir?
A. William Boyd, Benjamin H. Bender, and Ned Brax­

ton.
#  #  *  #  #  *  #

[fol. 108] Cross-examination.

By Solicitor Hare:

Q. You say that there are more negro males in the 
county than white males?

A. I believe it.
Q. In your opinion, are the negro males qualified in the 

same proportion for jury duty that the white males are?
A. I don’t think so—in the same proportion.
Q. You say you have been sheriff since August, 1946?
A. Yes, sir.
Q. And you were a deputy before that time?
A. Yes, sir.
Q. Approximately what percentage of the defendants 

that come before the Circuit Court of Dallas County in 
criminal cases are negroes?

A. It would run ninety percent.
Q. Is that same ratio prevalent, so far as the races are 

concerned, in the inferior court of the County?
A. Yes, sir.
Q. You serve the Court of Common Pleas, do you not?
A. Yes, sir.



124

Q. Mr. McCain, over the period of years that you have 
been sheriff, have you had occasion to see the names of 
negroes on the venire of Dallas County?

A. Yes, sir, I have served them personally and my dep­
uties have served them.

Q. Have you seen them answer to call on the venire ?
A. I have.
Q. Have you seen them available for jury duty?
A. Yes, sir.
Q. Over what period of years would you say you have 

seen them?
A. Well, I have seen them over a period of ten or eleven 

years on the venire.
Q. And you say that you have served subpoenas on them 

for jury duty?
A. Yes, sir.
Q. And you know that your deputies have served them?
A. Yes, sir.
Q. And that is over a period of ten or eleven years ?
A. Yes, sir.
Q. In your work as sheriff, do you frequently have occa­

sion to see members of the negro population of Dallas 
County?

A. Yes.
Q. Are you familiar with their living habits, with refer­

ence to living in adultery or bigamy?
A. Yes, sir, I think I am.
Q. Is that unusual? For you to encounter negroes who 

are not married and living together, or married and living 
with different women?

A. I know lots of them who are living together without 
without benefit of matrimony.

Q. Is that the subject of criminal action in this county?
A. No, sir.
Q. I mean is that condition within the custom of the ne­

groes of this county?
A. Yes, sir.

Solicitor Hare: That is all.



125

[fol. 109] Redirect examination.

By Attorney Hall:
Q. I believe you testified that practically ninety percent 

of the cases in the Circuit Court and in the Court of Com­
mon Pleas involve negroes. Do you mean that ninety per­
cent. of your colored population are criminals?

A. No, I mean that ninety percent of the cases that come 
to court are negroes.

Q. Some small portion of the colored population over and 
over again, or is it ninety percent of the population come 
in here?

A. We do have some that come in here again, but we 
have new ones. In a majority of my murder cases, that 
is the first time this individual has been in Court—the 
majority of the murder cases.

Q. What proportion of negroes of Dallas County would 
you say are criminals? You are the leading peace officer 
in the county.

A. I never have gave it any thought, what proportion 
are criminals. Lots of them commit murder and that is 
the first trouble they have been in. I don’t term them 
criminals.

Q. Is that true of white people?
A. Yes. Well, I just have so many more negroes—negro 

killings—than I do white, so my observation has been 
mostly on the negro race.

Q. What we are trying to get at, Sheriff, is what you 
mean when you say ninety percent of the cases in this Court 
or in your smaller court, the Court of Common Please, in­
volved colored people—if you mean that ninety percent of 
the population or the majority of your colored population 
are criminals?

A. No, I didn’t mean the majority of the negro popula­
tion are criminals. I said that ninety percent of the cases 
we have in Court involved negro defendants.

Q. I understand that, sir. Now, what is the occupation 
of ninety percent of the colored population? What do they 
do for a living?

A. Out in the county proper, they are farmers.



126

Q. Are they share croppers, hired hands or tenant farm­
ers or land owners?

A. Of different classes. Some land owners.
Q. What is the proportion of land owners to tenant 

farmers ?
A. I really don’t know.
Q. Sheriff, when you say there are a lot of negro families 

living without benefit of matrimony, what do you mean?
A. I mean they are living as common law marriages, 

and lots of them just living together and don’t set them­
selves up as common law marriage.

Q. They do observe the distinction, and observe it when 
they are just living together ?

A. Yes. Yes.
Q. And they point out definitely, “ We are not husband 

and wife. We are just living together” ?
A. I run up on lots of them, just living together, and lots 

[fols. 110-115] of them that claim common law marriage.
Q. And they do know the difference between common law 

marriage and just living together?
A. I believe a large percent of them know the difference.
Q. Are you following your own conclusion, or did they 

definitely tell you they knew the difference? Are you say­
ing that they told you, “ We know we are not married. 
W e’re just living together” ?

A. Well, I have lots of cases where they definitely know 
the difference between a man and a woman that are not 
married.

Q. When you say “ not married” , do you mean having 
gone through a ceremony?

A. Some claim a common law marriage and some call it 
a housekeeper. I never have------

Q. (Interrupting) Does Alabama recognize common law 
marriage ?

A. Yes.
Q. Are there a lot of white people who are married under 

the common law marriage?
A. Not in Dallas County.
Q. Is it a legal form of marriage in the State of Ala­

bama ?
A. It is.



127

Q. Dallas County is in Alabama, sir?
A. Dallas County is.

Attorney Hall: Thank you, sir. That is all.

Recross-examination.

By Solicitor Hare:

Q. Do you have any idea how many white men have been 
tried in this Circuit Court for murder in the last ten years?

A. Haven’t any been tried.
A. And almost every session of the Circuit Court there 

are several murder eases on the docket involving negro 
defendants?

A. I don’t think we have had a session that there weren’t 
any in the last eleven years.

* * # # # # #

[fol. 116] K e n n e t h  M. H arper, recalled to the stand, 
testified further as follows:

Direct examination.

By Attorney Hall:
Q. Mr. Harper, have you examined Exhibit X?
A. I have examined the jury roll that we fixed in October, 

if that is Exhibit X.
Q. Defendant’s Exhibit X, which purports to be the jury 

roll for Dallas County, Alabama, and compiled in October, 
1953. Did you examine that book?

A. Yes.
Q. Did you examine each page?
A. Yes.
Q. Did you compile a list of names that you identify as 

those of negroes?
A. Yes.
Q. Can you tell the Court how many?
A. No, I didn’t take the trouble to count them.



128

Q. You just wrote them down!
A. Yes.
(Witness hands pad containing his list to Attorney Hall)
The Court: Just don’t let my pad take up with you. 
Attorney Hall: All right, sir.
(Laughter)
Q, Mr. Harper, according to our figures, you have found 

198 names which you know positively to be those of negroes. 
I assume Mr. Hare may want to check these—I don’t know. 
We would like to question you with reference to these 
names. Are you fairly certain these are names of negroes! 

A. Yes.
Q. How, sir, can you be sure!
A. Some I knew personally, some I knew by their occu­

pation, and some by their names, and some by their address. 
Q. As I understand it, you don’t live in Selma!
A. No.
Q. You have listed for Selma the names of seventy ne­

groes. Do you know them personally!
A. Not all of them, no.

[fol. 117] Cross-examination.

By Solicitor Hare:
Q. You say you live in Union Beat!
A. Yes, sir.
Q. Is that a predominently white beat?
A. I would think so.
Q. Just where does that beat lie?
A. Starts at Valley Creek and runs to the Cahaba River, 

and I ’m not sure where it ends on the north. The Cahaba 
River is the line on the west and south. I am not sure 
wThere it ends on the north.

Q, In recent years it has become a major white develop­
ment, so far as residents are concerned?

A. Yes.
Q, And are all of the white men in that beat over twenty- 

one and under sixty-five on the jury roll?



129

A. No, sir.
lQ. Are all of the negro males over twenty-one and under 

sixty-five on the jury roll?
A. No.
Q. How many negroes did you say approximately are on 

the jury roll for 1953?
A. 250.
Q. And approximately how many whites?
A. 1,500.
Q. Now, Mr. Harper, do you know of any whites who are 

qualified for jury duty whose names are not on that roll?
A. Off-hand, I couldn’t say I do.

[fol. 118-119] Q. Do you know of any negroes who are 
qualified for jury duty whose names are not on that roll?

A. Not that I know of.
Q. At any time since you have been a jury commissioner 

and in the preperation of the jury roll in October, 1953, did 
you or anyone on the jury commission systematically ex­
clude from the jury roll and jury box the names of negroes 
in Dallas County?

A. No, sir.
Q. Did you or anyone on the jury commission make any 

diligent effort to determine and find those negroes in the 
county who are qualified for jury duty?

A. Certainly did.
;Q. What effort did you make?
A. I contacted at least one or two white men in every 

beat in the county and asked them for lists.
Q. Did you all go over those lists?
A. Yes.
Q. What did you do ?
A. I asked them to submit names to me to go in there, 

and they brought them in.
Q. I mean did the jury commission screen those lists 

as they came in?
A. Just as we screen any list. We don’t put any name 

in without going over it ourselves.
Q. Do you put the names of professional people in there ?
A. Not to our knowledge.
Q. Have you put any people, white or negro, on the jury

9—53



130

roll or in the box who are within the list of those exempt 
from jury duty under the statute?

A. Not to our knowledge.
Q. Mr. Harper, do you know approximately what the 

population ratio of negroes to whites is in Dallas County!
A. You mean in the entire county?
Q. Yes.
A. I would say, roughly, sixty-forty.
Q. Would that same percentage hold true for those quali­

fied for jury duty?
A. It probably would be even greater. In other words, 

I would think instead of sixty percent negroes and forty 
percent whites, the ratio would show there are seventy per­
cent whites eligible for jury duty against thirty percent 
negroes.

Q. Then sixty-forty percent wouldn’t hold as to eligi­
bility.

A. No.
Q. You stated that you don’t know of any negroes in the 

county that are qualified whose names aren’t on the roll 
and in the box?

A. I do not.
Q. Did you make a diligent effort to find qualified negroes 

to put on the jury roll?
A. Yes, I have and still am.

# # # # # # #

[fol. 120] Recross-examination.

By Solicitor Hare:

Q. These 250 names of negroes in there, are they in 
your opinion the most qualified in Dallas County to serve 
on the jury?

A. From what I can gather. I don’t know them all, but 
we have been told they are.

Q. They have gone in there because they are regarded 
by the jury commission as the most qualified negroes in the 
county ?

A. That’s right.
# # # # # # #



131

Redirect examination.

By Attorney Hall:
Q. There is just one more little thing we would like to 

clear up. According to your own figures with reference 
to the ratio of population, there should be approximately 
2,400 qualified negroes who would be eligible to serve on 
juries, or who should be listed on the jury roll. As I un­
derstand it, you have some 250, is that right!

A. That’s right.
Q. Now, there should be at least 3,500 white persons, and 

[fob 121] you have some 1,500!
A. Right.
Q. What, in your best judgment, is the reason that you 

don’t have all of the persons qualified for jury service 
listed for jury service!

A. If you will tell me how it can be done. I make the 
large amount of $5.00 when I serve. I have tried to put 
men in there that would give any man up here a fair trial, 
and I put the names in there that I know. And I can’t 
take a job that would pay $1,000.00 a month and do it for 
$5.00 a day, and all I have tried to do is give the citizens 
of Dallas County men in the jury box that would give them 
a fair trial.

Q. So, then, Mr. Harper, when you felt there were suf­
ficient number of names on the roll to do that, you felt 
that your job "was done!

A. To my knowledge, yes. And if they came to me from 
time to time and gave me names, any time anybody sug­
gested a name to me and they were qualified, their name 
went in the box.

Q. When you say, “ they were qualified” , sir, what do 
you mean?

A. Well, they have to have some character and be over 
twenty-one and under sixty-five, and cannot be lawyers and 
doctors and teachers. The rule is right there.

Q. When you say they were qualified, they had no ob­
vious disqualifications 1 

A. Right.
Q. Are you under the impression that you can’t list 

them on the jury roll if they have certain occupations !



132

A. I am using my discretion. It gives me discretion.
The Court: Cease arguing with the witness. Ask direct 

questions.
Q. However, Mr. Harper, getting back to the point, the 

point I was trying to make, it is primarily your desire as 
a member of the commission to see to it that there are 
enough names in the box to service this county?

A. That’s right.
Q. You are not necessarily concerned in seeing to it that 

every qualified male in Dallas County is listed on the jury 
roll ?

A. If I can get them without spending all my time doing 
it, yes.

Q. I see. Just one other question, please, sir. Is it the 
practice of the jury commission to go into other than ob­
vious qualifications or prospective jurors? And when I 
say obvious, I ’d like to explain I mean the ages between 
twenty-one and sixty-five, and the obvious fact that they 
may or not be crippled by a disease of some type, ail'd the 
obvious general reputation a may may have in the commu­
nity. Is it the practice of your commission to go beyond 
those things which might be obvious?

A. No, not that I know of.
Q. So, generally, if these things appear to be all right, 

then that man is listed on the jury roll of Dallas 
[fols. 122-289] County?

A. That’s right.

Recross-examination.

By Solicitor Hare:
Q. You do take the recommendation of people who live 

in the various beats around the county about people?
A. Oh, yes, sir.
Q. That would cover—I mean, their recommendation 

could cover everything those people have been known to 
do?

A. It could.
Q. If you had the name of a man and knew he consistently 

gave bad checks, would you put his name in the jury box?
A. No, sir.



133

Q. Would you put Ms name in the jury box if you knew 
he was suffering from venereal disease?

A. It isn’t the disease, it is what the disease relates to. 
Any man that way hasn’t any business sitting up here try­
ing cases. He is too loose living* himself.

Q. If you were told he was an illegitimate child and had 
been brought up in an Environment that sort of thing is 
common to, would you put that man on the jury list and in 
the jury box?

A. Illegitimacy is not the part. But his parents, how­
ever, might just not think anything of the way they were 
living. How could he have any character ? And therefore, 
he has no business being in the jury box.

Q. It would reflect on his morals?
A. Yes, sir. And when forty percent in Dallas County 

are illegitimate, it cuts it down mighty hard.
Q. You mean forty percent of the negro race?
A. Of the negro race, and less than one percent of the 

whites.

[fol. 290] C. D . S cott, 2n d ., being duly sworn, testified 
as follows:

Direct examination.
By Attorney Hall:

Q. What is your name?
A. C. D. Scott, the second.
Q. What is your occupation?
A. Dallas County Agricultural Agent.
Q. When you say that, just what does your job entail? 
A. Service to farmers.
Q. To farmers located where?
A. In Dallas County.
Q. Do you serve all of the farmers in Dallas County?
A. We service approximately 500 farmers.
Q. Do you serve all farmers, both white and colored, in 

Dallas County, Alabama?
A. Just colored farmers.

# * # * # # #



134

[fol. 291] Q. So, as a matter of actual fact, you have 
been here only three years.

A. At this time, but I finished high school here.
Q. Is Dallas County your home?
A. I was born in Maringo County.
Q. Were you reared in Dallas County?
A. Since I was ten.
Q. And remained here until what age? When you went 

off to school?
A. I was sixteen.
Q. From the age of ten to sixteen where did you live?
A. 1514 Hayden Street in Selma, Alabama.

#  #  #  "  #  - #  #  #

Q. Have you ever served on a jury in Dallas County, 
Alabama ?

A. I have not.
Q. Have you ever been summoned for jury service in 

this county?
A. I have not.
Q. Do you know any negro who has served on a jury in 

this county?
A. I do not.
Q. Do you know any negro who has been summoned for 

jury service in this county?
A. Personally, I do not. I have read of some—of three, 

who were summoned.
Q. Is that right? Three were summoned. When was 

that ?
A. I believe it was in connection with the last Fikes 

case.
[fol. 292] Q. The first Fikes case?

A. Yes.
Q. When you say the first Fikes case, do you have refer­

ence to a case in which the State of Alabama was the plain­
tiff versus William Earl Fikes, the defendant in this case ?

A. Yes, sir.
Q. And at that time you read of three negroes being 

summoned for jury duty?
A. That’s right.
Q. When was that? Do you recall?



135

A. If I remember correctly, it was in the spring of this 
year.

Q. Previous to that, had you ever heard of any negro 
being summoned for jury duty?

A. No.
Q. As a matter of fact, did you read that these negroes 

were summoned or that their names were on the venire?
A. On the venire.
Q. Did the newspaper say whether or not they had been 

summoned for jury service?
A. No.
Q. You don’t know, as a matter of fact, whether they 

were summoned or not?
A. I do not.
Q. Do you know whether they served on the jury at that 

time?
A. I do not.
Q. As the Farm Agent for Dallas County, Alabama, do 

you have occasion to visit the rural beats of this county?
A. At one time or another, during the course of a year, 

I usually visit all of the beats.
Q. Do you visit all of the negro farmers located in these 

various beats?
A. I do not visit all of them.
Q. What is your practice with reference to visiting the 

farmers in Dallas County?
A. We visit those farmers we service and those farmers 

who make requests, where it is possible.
Q. In the course of your duty and your job, do you at 

some time contact all of the negro farmers in the area?
A. I do not contact all of them.
Q. How is it that farmers get extension service? Do 

they come to you ?
A. Well, we have what we call community clubs. The 

community leaders establish the clubs, and we meet with 
them probably once a month. And we use the press and 
radio. But there are 3,693 colored farmers in Dallas 
County according to the census, and it is physically im­
possible for me to contact every farmer.

Q. Of that 3,693, how many would you say you have con­
tacted?

A. Maybe a fourth of those.



136

Q. Did I understand you to say that there are 3,693 col­
ored farmers in this county!

A. According to the census.
Q. So, in your best judgment, you have contacted at 

least 900 colored farmers in the last three years ?
A. Yes, sir.

[fols. 293-310] Q. When you say 900 colored farmers, do 
you mean 900 colored males or are some of those persons 
probably females?

A. Males. The Home Agent works with the females.
Q. So, according to your best judgment, you contacted 

900 male farmers in Dallas County?
A. That’s right.
Q. Where are those 3,693 negro farmers more heavily 

concentrated with reference to precincts in Dallas County? 
Could you tell us that?

A. Tyler, Orrville, Browns, Union.
Q. How about River?
A. There are quite a number of them in River Beat.
Q. How about Boykin?
A. A number in Boykin.
'Q. How about Martins?
A. To the best of my knowledge, Martins is a heavily 

populated negro district.
Q. Do you know the names of all of the farm owners 

in these various beats ?
A. Just off-hand I don’t believe I would know the names 

of all of the owners.
Q. What?
A. I wouldn’t know the names to call them off.
Q. Do you have something with which you can refresh 

your recollection?
A. We usually keep a list on file.
Q. Do you have such a list?
A. Yes, we have a list.
Q. Where is it?
A. We keep it according to title.
Q. Do you keep a list according to race?
A. We have a list. We usually go through by title and 

we check out the colored, and we have a list of our own 
with nothing but negro owners.



Q. So you have a list for yourself with nothing hut negro 
owners ?

A. Yes.
Q. Do you have these by precinct?
A. No. We have a list by title with the number of acres 

and the precinct, but we don’t have a precinct list.
Q. Where is that?
A. In our office. And I list by title, the person who 

owns the farm. The person who owns the farm may not 
be living there and there may be several tenants on that 
particular farm.

Q. But you have title owners listed, and do you have 
title owners as to color?

A. The list does not say so, but I have gone through the 
list and designated.

Q. The list that you have of the title owners?
A. List all farmers.
Q. Do you have any designation as to whether white or 

colored on that list?
A. I have made indication.
Q. Who made the list?
A. Production Marketing Administration.
Q. How long would it take you to get your list?
A. Not very long.

#  #  #  %  #  #

137

[fol. 311] W allace H ill , recalled to the stand, testified 
further as follows:

Direct examination.

By Attorney Hall:
Q. You are Mr. Wallace Hill, sir?
A. That is correct.
Q. The same Mr. Wallace Hill who is chairman of the 

jury commission of Dallas County, Alabama?
A. That is correct.

[fols. 312-313] Q. I ask you, sir, to step down here just 
one moment, please. (Witness leaves the stand.) This is



138

Defendant’s Exhibit A. Will you identify it for us, please, 
sir?

A. Yes, sir. This is the jury roll of Dallas County com­
piled in 1951.

Q. And it was the jury roll of Dallas County from 1951 
until what time?

A. Until the new roll was compiled in October, 1953.
Q. So Exhibit A was the jury roll of Dallas County, Ala­

bama, from 1951 until sometime in October, 1953. Is that 
true ?

A. That is true.
Q. Mr. Hill, will you step over here, please? I show you 

Defendant’s Exhibit A, which purports to be the jury roll 
for Dallas County, Alabama, from 1951 until sometime in 
October, 1953; and I direct your attention to the page of 
said roll captioned, “ Jury Roll, Dallas County, Alabama, 
Precinct No. 1, Plantersville, Alabama” , and ask you to 
observe the list of names entered there and ask you to 
read those names off, please, sir, residence, place of busi­
ness, occupation of each person listed, also the date of 
empanelment—month, day and year.

A. Precinct No. 1, Plantersville, Alabama. Murry Har­
rison Barnes, residence Plantersville, place of business 
Plantersville, occupation farmer, petit jury 10-27-52; 
Henry E. Biscoe, residence Plantersville, place of business 
Plantersville, occupation not given; Ernest D. Dyson, resi­
dence and place of business and occupation not listed; Paul 
M. Friday, occupation contractor, petit jury 4-17-52; Wil­
liam M. Friday, occupation trucker; Roland C. Hanlin; H. 
Clay Hayes; C. Grover HendryJAValter C. Herrod, Sr.; 
Sterling P. Hutto; William H. Kendricks, no occupation; 
J. T. Little, no occupation; Thomas M. Martin, Jr., no oc­
cupation ; J. Coy Morrow, no occupation; N. Prude Perry, 
no occupation, date empaneled 4-17-52 petit jury; James 
W. Pickering, no occupation; Vincent T. Pierson, no occu­
pation ; Watson Pierson, no occupation given; John L. 
Sherrer, no occupation given, petit jury 6-22-53; W. Otto 
Sherrer, no occupation given; Clyde Walker, occupation 
teacher, petit jury 10-27-52.



139

[fol. 314] Q. Is it the practice of your commission to ex­
clude from the jury roll of Dallas County the names of all 
persons employed in occupations listed under Section 3 of 
Title 30?

A. It is a practice, yes.
Q. I now show you Defendant’s Exhibit X, purporting 

to be the jury roll for Dallas County, Alabama, and ask you 
to identify it.

A. This is the jury roll compiled in October, 1953.
Q. Is it endorsed, sir?
A. It is, by Wallace Hill, C. C. Thomas and K. M. Har­

per.
Q. We ask you to examine that roll, particularly direct 

your attention to Precinct No. 1, Plantersville.
A. Here it is, the first page.
Q. Will you read off the names on that first page, please, 

sir? Read their place of residence, place of business and 
their occupation.

A. (Reading) “ Jury Roll, Dallas County, Alabama, 
Precinct No. 1, Plantersville. Capus Alexander, residence 
Plantersville, occupation farmer; John D. Atchison, resi­
dence Plantersville; occupation mechanic; Tom Alexander, 
residence Plantersville, occupation laborer; Dewery Atchi­
son, residence Plantersville, occupation mechanic; Henry 
E. Bisco, residence Planterville, place of business Crtag 
Field, occupation civilian employee; Oliver Bearden, resi­
dence Plantersville, occupation farmer; Ocile Bearden, res­
idence Plantersville, occupation farmer; Thomas Oran 
[fol. 315] Carroll, residence Plantersville, occupation bar­
ber; W. P. Davis, residence Plantersville, occupation la­
borer ; David D. Daniels, residence Plantersville, occupation 
sawyer; William A. Friday, residence Plantersville, occupa­
tion truck driver; Alfred Ford, residence Plantersville, oc­
cupation merchant; Claude Fulford, residence Plantersville, 
occupation machine operator; Fred Griffin, residence Plant­
ersville, occupation laborer; Herbert Goodwin, residence 
Plantersville, occupation laborer; William A. Gay, resi­
dence Plantersville, occupation woods foreman; C. Grover 
Hendry, residence Plantersville, place of business Sand and 
Gravel, occupation manager; Walter C. Herrod, Sr., resi­
dence Plantersville, occupation mail carrier ; Clyde Harris,



140

residence Plantersville, occupation laborer; Joe Hatheock, 
residence Planter sville, occupation truck driver; Henry 0. 
Houston, residence Plantersville, occupation, contractor; 
Olin. Heifner, residence Plantersville, occupation truck 
driver; Guy Heifner, residence Plantersville, occupation 
truck driver; John Wiley Herrod, residence Plantersville, 
occupation school, teacher; W. C. Herrod, Jr., residence 
Plantersville, occupation bus driver; James Henry Jack- 
son, residence Plantersville, occupation truck driver; Wil­
liam H. Kendrick, residence Plantersville, occupation mail 
carrier; J. T. Little, residence Plantersville, occupation 
Merchant; Palmer Levins, residence Plantersville, occupa­
tion electrician; Barney I. Levins, residence Plantersville, 
occupation farmer; Boris E. Levins, residence Planters­
ville, place of business Sand & Gravel, occupation mana­
ger; Claude McKey, residence Plantersville, occupation 
salesman; Tom Martin, Jr., residence Plantersville, occu­
pation farmer; John Milling, residence Plantersville, oc­
cupation laborer; Clayton Morrow, residence Plantersville, 
occupation laborer; Scott McGee, residence Plantersville, 
occupation laborer; Andy McGee, residence Plantersville, 
occupation laborer; Kelton Morrow, residence Planters­
ville, place of business retired, occupation farmer; Bennie 
McAfee—did you want this page, too?

Q. Thank you, sir. Mr. Hill, we observe that this jury 
roll was made just this October. Is that true?

A. It is.
Q. And at that time you were continuing your practice 

of not including on the jury role persons who were exempt 
according to the Code?

A. Yes.
Q. John Wiley Herrod, Plantersville, occupation school 

teacher. It is true his name is on the jury roll of Dallas 
County, Alabama, as of October, 1953?

A. It is.
Q, And so is the name of W. C. Herrod, Jr., bus driver. 

Is that true?
A. That is true.
Q. Are bus drivers exempt under the law of Alabama?
A. They are.
Q. And you will find the name of James Henry Jackson, 

truck driver?



141
[fol. 316] A. Right.

Q. And also you find the name Joe Hathcock, truck 
driver, here?

. A. That’s right.
| Q. William A. Friday, truck driver?
I A. Right.
5 Q. Might they not be exempt under the statute ?
! A. They might be. Not necessarily so, though.
| Q. However, school teachers are exempt under the stat­
ute?

A. While practicing their profession, or while school is 
actually in session.

Q. Then it is the practice of the jury commission of 
Dallas County to enter the names of qualified teachers on 
the jury roll?

A. It is not. That was an over-sight.
Q. There was another name entered sometime between 

1951 and 1953 who was also a teacher and lived at Planters- 
ville ?

A. Yes, Clyde Walker.
Q. Sir, I show you this bound volume, Defendant’s Ex­

hibit X, purporting to be the jury roll for Dallas County, 
Alabama, as of October, 1953, and direct your attention, 
,sir, to Jury Roll, Dallas County, Alabama, Precinct No. 36, 
Selma, and we find the name of Sidney Rodgers listed 
there. I ask you if you know the gentleman? Do you know 
Sidney Rodgers?

A. No, I do not.
Q. What is his residence?
A. 223 Water Avenue.
Q. Place of business?
A. Southern Railway.
Q. And Ms occupation?
A. It isn’t shown.
Q. Now, Mr. Hill, will you please take the stand again? 

Sit back down. (Witness returns to the stand.) I believe 
you had the directory of the City of Selma to help in the 
preperation of the jury roll?

A. In certain cases, yes.



142

Q. That was one of the means by which yon arrived at 
names on the roll?

A. That’s right.
Q. This is the directory of the city of Selma (showing 

book to witness) ?
A. This is the 1953 directory, yes.
Q. Will you turn and see if it contains the name of 

Sidney Rodgers, who lives at 223 Water Avenue?
A. Yes, here it is.
Q. How is that name listed in the book? R-o-d-g-e-r-s, 

S-i-d-n-e-y.
A. Conductor, Southern Railway.
Q. Are conductors exempt under the statute? 

i A. I ’ll have to refer to the statute. Yes, sir. 
j Q. I direct your attention to the 1940 Code of Alabama, 

Section 3, Title 30, as amended, (handing said code to wit­
ness.)

A. The Code says that conductors are exempt from jury 
duty.

Q. So that in this instance you did not follow your gen­
eral rule?

A. We were following our general rule. We may have 
[fol. 317] made errors in doing so.

Q. In this particular instance you did not follow it?
A. He would be exempt from jury duty.
Q. Now, sir, we would like to show you Defendant’s Ex­

hibit X, purporting to be the jury roll for Dallas County, 
Alabama, as of October, 1953, and we direct your attention 
to that portion of the roll captioned, “ Jury Roll, Dallas 
County, Alabama, Precinct 36, Selma” , which contains the 
name of R. Winston Russell, residence Cedar Drive, place 

. of business Southern Railway, no occupation listed, and 
/ ask you if you know the gentleman?

A. I know him.
Q. What is his occupation?
A. At present he is a railroad fireman.
Q. How long has he been a fireman?
A. Some years.
Q. Are firemen exempt under the law?

\ A. They are.



143

Q. In this particular instance, you didn’t follow your 
general rule in building your jury roll?

A. No, not in this instance.
Q. This roll was compiled in October, after the hearing 

of the motions filed in the case of the State of Alabama 
versus William Earl Fikes, No. 8009, in this Court to quash 
those indictments because of irregularities and unconstitu- 
tionalities in the organization of the jury of Dallas County 
which found the indictments against this man, and of the 
venire. Isn’t that true, sir?

A. That is true.
Q. Mr. Hill, will you please examine this exhibit which 

I show you? Exhibit A, purporting to be the jury roll of 
Dallas County, Alabama, for the years 1951 up to October, 
1953, and I direct your attention to that portion captioned, 
“ Jury Roll, Dallas County, Alabama, Precinct No. 36, Sel­
ma” , and direct your attention to the name, “ Russell, R. 
Winston” , residence Cedar Drive, place of business South­
ern Railway.

A. Yes.
Q. Was Mr. Russell a railroad fireman at that time?
A. I think he was on the extra board as an engineer at 

that time.
Q. Are railroad engineers exempt under the statute?
A. They are.
Q. So that both times, according to the rule which your 

commission has said in this Court that it follows, Mr. Win­
ston R. Russell’s name should not have been included on 
the roll?

A. That is true.
Q. Is Mr. Russell white or colored?
A. He is white.
Q. We ask you if it is the policy of your board to exclude 

firemen from the jury roll?
A. As a general rule, it is.
Q. As a general rule?
A. We have included some on there by their own re­

quest.
Q. Mr. Hill, would you include a doctor or dentist or 

school teacher by his own request?
A. If they made a point of coming to us and would waive



144

[fol. 318] their exemption and wanted to get on there, then 
we would consider their being on the jury roll.

Q, Have yon ever made it a practice to seek out these 
persons and ask them if they were willing to waive their 
exemption if placed on the jury roll?

A. No.
Q. It is your practice to wait until approached?
A. Yes, sir.
Q. Is that true with both white and colored?
A. Yes.

# # # # # # *

Q. We will ask you to step over here, please, sir, and 
show you this book (witness leaves the stand) marked De­
fendant’s Exhibit X, which purports to be the jury roll for 
Dallas County, Alabama, as of October, 1953, and ask you 
to turn this book over to Precinct 36, which is Selma, the 
page which bears at the top the caption, “ Jury Roll, Dal­
las County, Alabama, Precinct 36, Selma” . We direct your 
attention to the name Cecil C. Little, Sr., and ask you to 
read that.

A. Cecil 0 . Little, Sr., residence 200 McDonald, place of 
business Southern Railway.

Q. Are you acquainted with that gentleman?
A. I am.
Q. What is his occupation?
A. He is a conductor on the railroad.
Q. Is that a train conductor?
A. That is correct.
Q. He is one of the people exempt from jury duty?
A. Yes.
Q. Is his name listed on the present jury roll?
A. It is.
Q. We would like for you to examine this book, Exhibit 

A, purporting to be the jury roll for Dallas County, Ala­
bama, for 1951 until sometime in October, 1953, and ask 
you to turn the pages of this book to Precinct 36, sir. Would 
[fol. 319] you examine those pages and see if you can find 
the name of Cecil C. Little?

A. Yes, here are two of them.
Q. It doesn’t say whether junior or senior?



145

A. It does not.
Q. What does it say?
A. 312 Franklin Street, Southern Railway.
Q. Are you acquainted with this Cecil C. Little who lives 

at that address ?
A. I am.
Q. What does he do?
A. Conductor on the Southern Railway.
Q. Is that the same man as in Exhibit X?
A. Yes, sir.
Q. And he is one of the class of persons exempt under 

the law of the State of Alabama from jury duty ?
A. That is correct.
Q. Will you see if you can find listed there the name of 

J. W. Little, Jr., or John W. Little, Jr.?
A. John W. Little, Jr., 312 Franklin Street, Western 

Railway.
Q. Are you acquainted with him?
A. He is a son of Cecil.
Q. Do you know what he does for the Western Railway?
A. I do not.
Q. You used the directory of the City of Selma in help­

ing to get us the list?
A. Yes.
Q. What is this book (holding book up) ?
A. City Directory of Selma.
Q. Will you see if you can find the name of J. W. Little, 

please, sir?
A. If I may amend my statement ? This man is a brother 

of Cecil Little.
Q. Yes, sir.
A. J. Wesley Little, Jr., conductor of the Western Rail­

way.
Q. Train conductor?
A. Yes.
Q. And he is one of the class of persons who are exempt 

from jury duty under the statute?
A. Yes.
Q, Did you know these persons at the time you drew up 

the list?
A. Yes.

10— 53



146

Q. And were you acquainted with the occupations?
A. Yes.
Q. Do you know Robqrt H. Little ?
A. I ’d say that I do.
Q. Can you find the name Robert H. Little?

_ A. It appears in Exhibit A, 312 Franklin Street, occupa­
tion Southern Railway Company.

Q. You don’t know what he does for the railroad?
A. No, I can’t say.
Q. Will you examine the City Directory, sir, and see if 

you can find it listed there?
A. I don’t see his name in this directory.
Q. I see. Sir, do you know William R. Long?
A, I know a W. Ruford Long, which I presume is the 

same person.
Q. Would he live at 2535 Water Avenue?
A. Yes.
Q. Does he work for the Southern Railway Company?
A. Yes, yard master.
Q. Would the yard master be exempt?
A. He would not.

[fob 320] Q. Are you certain?
A. I am not certain, no, but I don’t think he would be.
Q. Do you have a William R. Long or a William Ruford 

Long listed in Exhibit X, which purports to be the jury 
roll of Dallas County—I mean Exhibit A?

A. Yes, 2535 Water Avenue, place of business Southern 
Railway Company.

Q. Under the column headed, “ Occupation” , is his oc­
cupation listed?

A. There is none.
Q. So that from checking the name and listing on the 

jury roll, you would have no way of knowing what this 
William R. Long does for the Southern ?

A. That is correct. Unless from personal knowledge.
Q. Assuming that someone else were to examine this 

book, without personal knowledge they would have no way 
of knowing what this man does ?

County Solicitor Reese: We object to that. Under the 
law, no one except the jury commission and clerk has ex- 
cess to this jury roll.



147

Attorney Hall: That is true, but jury commissions 
change. It is very possible that this commission would not 
be with us and another commission would examine this 
book.

The Court: Over-rule.
The Witness: That is true.
Q. Mr. Hill, you are examining a page in Defendant’s 

Exhibit A, which purports to be the jury roll for Dallas 
County, Alabama, for 1951 to ’53?

A. That is true.
Q. Do you find listed on that roll the name of Hugh C. 

Mauldin, in Precinct No. 36?
A. Yes. Hugh C. Mauldin, 506 Alabama Avenue, South­

ern Railway.
Q. Are you acquainted with Mr. Mauldin?
A. I know him when I see him.
Q. Is he a white man?
A. He is.
Q. Do you know what he does for the Southern Railway?
A. I do not.
Q. Will you read under the column entitled “ Occupa­

tion ’ ’ what is says for Mr. Hugh C. Mauldin ?
A. There is no entry under the title, “ Occupation’ ’.
Q. So, we have no way of knowing whether he is a con­

ductor or switchman or what he does?
A. Only by personal knowledge.
Q. Do you personally know, sir?
A. I do not.
Q. Sir, would you see if you have listed there the name 

of Taylor T. Miller?
A. Yes, Taylor T. Miller, 512 Lapsley Street, L & N Rail­

road Co.
Q. Are you acquainted with him?
A. I am.
Q. What is his occupation?
A. At the present time he is freight agent of the L & N 

Railroad.
[fol. 321] Q. Is he white or colored?

A. He is white.
Q. Are freight agents exempt from jury duty under the 

law?



148

A. They are not, to my knowledge.
Q. Sir, will yon examine this book, which is the Code of 

Alabama, 1940, Titles 30 to 45. Examine this section of 
the book which is three of Title 30 of the 1940 Code of Ala­
bama, entitled, “ Persons exempt from jury duty” , and 
read it off for us, please, sir.

The Court: He has read that once or twice. You just 
want him to ascertain he is a solicitor for freight?

Attorney Hall: At the time this book was made up he 
was a dispatcher, at the time this book was compiled.

The Court: He has been promoted.
Q. When was he the freight agent?
A. The Judge stated he was. not the freight agent, he 

was the freight solicitor.
Q. Plas he ever been freight agent?
A. That was my impression.
Q. Will you ascertain whether station agents are ex­

empt ?
A. He is not a station agent, but (reading from Section 

3, Title 30 of the Code) “ railroad station agents and tele­
graph operators when actually in sole charge of an office” .

Q. Will you examine this book and tell us what it is?
A. Selma City Directory, 1952.
Q. Will you see if you can find the name of Taylor T. 

Miller (handing said city directory to witness) ?
A. Yes, sir, Taylor T. Miller, 512 Lapslev Street, freight 

agent, L & N and Western Railroad.
Q. Will you see if you can find the name of Donald Mills 

on that jury roll, sir, under Precinct No. 36?
A. Jury Roll, Dallas County, Alabama, Precinct No. 36, 

Donald Mills, residence 520 Tremont Street, place oi busi­
ness not given, occupation engineer. He is a consulting en­
gineer.

Q. You know that?
A. I do.
The Court: The Court will substantiate that testimony.
Q. Mr. Hill, will you see if you can find listed there the 

name of Mitchell Barlow-, or Barlow Mitchell rather?
A. What precinct is that?
Q. Thirty-six.



)

149

A. Barlow Mitchell—I don’t see it in this Exhibit A.
Q. Sir, I show you this book marked Defendant’s Ex­

hibit X, purporting to be the present jury roll for Dallas 
County, Alabama, and ask you to turn to the pages marked 
Precinct 36, Selma. Will you see if there is the name of 
Claude C. Day listed on that roll?

A. There is.
Special Presecutor Gayle: I ’d like to ascertain at this 

time what is the purpose of this.
[fob 322] Attorney Hall: If the Court requires it, I will 
be glad to say.

The Court: I don’t care for it.
Q. Will you tell us what is his address?
A. Claude C. Day, 217 Pettus Street, L & N Railroad.
Q. Are you personally acquainted with him?
A. I would probably know him if I saw him.
Q. But you don’t know whether you know him or not? 

Will you examine this book and tell us what it is?
A. City Directory of the City of Selma, 1952.
Q. Will you see whether Claude C. Day is listed in that 

directory?
A. Claude C. Day, commercial agent, L & N Railroad 

Company, 217 Pettus St.
Q. And is he white or colored ? )
A. He is a white man.
Q. Mr. Hill, please sit down, sir. (Witness returns to 

stand.) In your best judgment, as chairman of the jury 
commission, has the present jury commission left off of the 
jury roll of Dallas County, Alabama, the names of all per­
sons who might be exempt under the law of Alabama?

A. We did not leave off all of the names who might be 
exempt.

Q. What proportion?
A. I don’t know, but most of them.
Q, How did you arrive at the exact number that you 

would include?
A. We made no exact number. We had no number in 

mind at all.
Q. How did you decide to leave some on and not list 

others ?



150

A. Some had been serving on prior juries and had made 
no complaint about serving and we could assume they 
would claim no exemption.

Q. Have you ever known a negro train conductor?
A. No, I don’t believe I have.
Q. Have you ever known of a negro to be a railroad 

engineer?
A. From hearsay only.
Q. Does the law make distinction between railroad en­

gineers and physicians and teachers, as to their exempt 
status ?

A. No.
Q. Railroad engineers are exempt just as school teachers 

and physicians and dentists and druggists?
A. That is true.
Q. Do you know some negro school teachers?
A. Yes.
Q. Do you know if any are on the present jury roll of 

Dallas County, Alabama?
A. I don’t think so.
Q. Why? 3 ,
A. As a class we exempt them.
Q. Are train conductors exempt, too?
A. They are.
Q. Do you know any railroad train conductors whose 

names are on the present jury roll?
A. Yes, I have enumerated them.
Q. You personally know some are on the present jury 

roll?
[fols. 323-326] County Solicitor Reese: That has been 
brought out two or three times.

Q. Do you know any negro physicians, sir?
A. Yes, I do.
Q. Do you know whether or not any negro physicians 

are on the present jury roll of Dallas County, Alabama?
A. They are not.
Q. Do you know if any have ever been on the jury roll 

of Dallas County, Alabama?
A. I can’t answer that. I don’t know of any on the jury 

roll.



151

Q. Do you know any negro dentists living in Dallas 
County, Alabama1?

A. I don’t know them personally. I know one by name 
only.

Q. Is that one you know on the present jury roll of 
Dallas County, Alabama?

A. I don’t think so.
* * # # * # #

[ fo l . 327] W allace H il l , reca lled  to the stand, testified  
fu rth er  as f o l lo w s :

Direct examination.

By Attorney Hall:
Q. Were you asked to examine Defendant’s Exhibit X, 

which purports to be the present jury roll of Dallas County, 
Alabama ?

A. I was.
Q. And to ascertain whether or not there were persons 

listed thereon who might possibly claim exemption?
A. Yes, sir.
Q. Did you find any such?
A. I did.
Q. How many did you find?
A. Fifteen.
Q. Those were all that you found on the present jury 

roll?
A. All that I knew.
Q. That you knew personally? Let me see- that, please. 

(Witness hands list to Attorney Hall) Mr. Hill, in exam­
ining this jury roll, did you examine the occupation listed 
for each name?

A. I did.
Q. I see. You have here for Precinct No. 1 the name 

John Wiley Herrod. Do you know him personally?
A. I do not.
Q. But you listed him because of the fact his occupation 

was listed as school teacher?



152

A. That is true.
Q. Some of the persons here you may not know person­

ally?
A. That’s true.
Q. And you listed them because of the fact there occu­

pation was set out on the jury roll, and you knew by virtue 
of those occupations they could claim exemption under 
our law!

A. I know personally the majority of these people on 
this list (indicating list he had just handed to Attorney 
Hall).

Q, We will ask you if the occupations of all of the per­
sons listed on the present jury roll of Dallas County are 
listed too?

A. The occupations of all of them are not listed.
Q. So that if you didn’t know them personally you 

wouldn’t know whether or not they could claim exemption 
under the law.

A. That is true.
Q. I will ask you, Mr. Hill, if you know the majority of 

the people on the present jury roll of Dallas County, Ala­
bama ?

A. Personally, I do not.
Q. So that it is possible there is a much larger number 

of people here who might claim exemption under the law 
of Alabama?

A. There could be more.
Q. However, you did ascertain that John Wiley Herrod 

—will you read them?
A. Precinct No. 1: John Wiley Herrod, school teacher. 

Precinct No. 8: Lee Holliday, mail carrier. Precinct No. 
10: Gilbert M. Buster, mail carrier. Precinct No. 11: 
Grover Hannah, driver for a freight line. Precinct No. 23: 
John B. Kerridge, Southern Railway employee; Peter 
Mock, mail carrier. Precinct No. 36: Cecil L. Body, South­
ern Railway Company, he is an engineer; Charles C. Burke, 
Western Railroad, is a conductor; Claude C. Day, L & N 
Railroad, I think he was a conductor; Cecil C. Little, Sr., 
railroad conductor; John W. Little, Jr., railroad conductor; 
and Sidney W. Mott, I think he is a railroad engineer, with 
[fol. 328] a question mark; Jesse H. Norris, if he is who



153

I think he is, he is an engineer for the railroad; Sidney 
Rodgers, who was shown to me to be a railroad engineer;
R. Winston Russell, Southern Railway.

Q. Those are the only names you found?
A. The only ones to my knowledge.
Q. Mr. Hill, we ask you to step down here, please, sir 

(witness leaves the stand), and examine this book, which 
is Defendant’s Exhibit X  and which purports to be the 
present jury roll of Dallas County. We direct your atten­
tion to a page entitled, “ July Roll, Dallas County, Ala­
bama, Precinct No. 36, Selma” , and to the name thereon 
of Thomas E. Yarbrough (indicating name to witness). 
Will you read that?

A. Thomas E. Yarbrough, 3220 Water Avenue, place of 
business Southern Railway.

Q. Are you personally acquainted with him?
A. I am not.
Q. I believe you testified that you used the City directory 

to help you in preparing that roll?
A. To some extent.
Q. What is this book (showing book to witness)? i
A. City Directory of Selma, 1952. j
Q. Will you see if you can find the name of Thomas E. 

Yarbrough therein?
A. (Reading from City Directory) “ Thomas E. Yar­

brough, conductor Southern Railway, residence 3220 Water 
Avenue ’ ’.

Q. So that under the Alabama State law he could claim
exemption ? \

A. He could claim exemption.
Q. Will you examine this page in Exhibit X, which pur­

ports to be the present jury roll of Dallas County, further 
and see if you see the name of Elvin G. Yow, Y-o-w?

A. Yes, it is in it.
Q. It is on the present jury roll of Dallas County?
A. It is.
Q. Is there an address listed?
A. 112 Lawrence Street.
Q. And that is in Precinct No. 36?
A. Yes.
Q. What is his occupation?



154

A. Place of business, Southern Railway; occupation not 
listed.

Q. Are you acquainted with him?
A. I have been introduced to him one time several years 

ago, and I was just told he was connected with the South­
ern Railway.

Q. Will you examine the City Directory of Selma and 
see if his name is listed there, please, sir?

A. It is listed in the City Director, Elvin G. Yow, fire­
man, Southern Railway Company.

Q. Now, you may sit back down, sir. (Witness returns 
to stand) Mr. Hill, with reference to the character or repu­
tation or the criminal record of persons listed for jury 
duty in Dallas County, Alabama, did your commission 
[fol. 329] ascertain whether or not every person listed on 
the present jury roll of Dallas County, Alabama, had a 
criminal record?

A. I would like to make this statement, that at one time 
and prior to the time this roll was made we had occasion 
to ask the sheriff of Dallas County to sit in session with 
us. Those names were still in the jury box—not on the 
roll, but in the box—and we reviewed them. We read 
those names aloud and asked him if he knew of any crim­
inal record of those people. We did remove some at that 
time.

Q. That is the only time in which you have gone into the 
criminal record of any persons who might be listed for jury 
duty?

A. Yes, except for the personal knowledge of the com­
missioners.

Q. So that it is possible there may be persons on that 
roll with criminal records?

A. It is entirely possible, yes.
Q. I see, sir. Now, Mr. Hill, I believe you said that on 

some occasions you have listed persons who could claim 
exemption under the State law because those persons had 
come to you and told you that they would like to be on the 
jury roll and that they would waive their exemption?

A. Yes, we have had that happen.
Q. Has that happened in the majority of cases where 

persons are listed who could claim exemption?



155

A. No, I wouldn’t say in the majority.
Q. Just a few, sir?
A. That’s right.

* # # # # # #

[fols. 330-333] Q. Have you ever been approached by 
any school teacher with reference to being on the jury 
roll of Dallas County, Alabama?

A. I have not.
Q. Have you ever been approached by any physician 

with reference to being on the jury roll?
A. I have not.
Q. Or by any minister of the Gospel?
A. I have not.
Q. Or by any optometrist with reference to being on the 

jury roll of Dallas County, Alabama?
A. No.
Q. Have you ever been approached by any undertaker 

with reference to being on the jury roll of Dallas County, 
Alabama ?

A. No.
Q. Do you know any undertaker who is on the jury roll 

of Dallas County, Alabama?
A. No.
Q. Do you know any druggist or pharmacist who is on 

the present jury roll of Dallas County?
A. We have listed the owners of some drug stores.

# # # # * # #

[fol. 334] Cross-examination.

By Solicitor Hare:
Q. Your testimony is that you are a member of the 

present jury commission and have been since 1951, and, 
further, that you were a member of the prior jury com­
mission for a period of about six months?

A. Roughly, yes.
Q. Have you, as a member of the jury commission, at 

any time systematically or arbitrarily excluded negroes 
from the jury box or jury roll of Dallas County?



156

A. We have not.
Q. Have yon arbitrarily excluded or discriminated 

against members of the negro race in the properation of the 
jury roll of Dallas County, Alabama!

A. I have not.
Q, You testified as to Exhibit A, the jury roll of Dallas 

County for 1951 to ’53. I will ask you if that jury roll 
completely and exactly reflects the personnel of the jury 
roll as contained in the jury box of Dallas County!

Attorney Hall: I would like to hear that question again.
Solicitor Hare: I am asking if the jury roll for 1951 

through 1953, if the jury roll of Dallas County exactly re­
flects the contents of the jury box of Dallas County.

Attorney Hall: We object to that question.
The Court: Over-rule the objection.

[fol. 335] Attorney Hall: We except to the ruling of the 
Court.

The Witness: It has been brought out in evidence that 
there were names in the jury box that were not on the jury 
roll.

Q. In your best judgment there were thirty to fifty 
negroes names in the jury box during those years!

A. Well, close to that figure.
Q. Now, Mr. Hill, do you have any idea of approxi­

mately how many railway employees there are in the City 
of Selma!

A. There are three railroad systems located here in 
the City and Dallas County, and my guess is that there 
would be at least 500 or maybe more employees of those 
railroads.

Attorney Hall: We object to that guess.
The Court: That is your best judgment!
The Witness: Yes, sir.
The Court: Over-rule.
Q. Are most of those employees males or females!
A. The majority are males.
Q. And in your study of Exhibit X, the jury roll for 

1953, you found approximately fifteen persons that you 
thought could claim exemption!



157

A. To my personal knowledge.
Q. And the majority of those are railroad men?
A. Yes.
Q. And do yon know, with the closing of the shop in 

Selma, that there is a surplus of railway employees in 
Dallas County and in Selma?

A. As a matter of fact, I know that.
Q. You know that?
A. I do know that.
Q. And there are more men who have worked for the 

railroad and who are still subject to re-employment than 
there are jobs?

A. Yes.
Q. Now, this druggist you identified, owner of a drug­

store, Warner Reid. You said you know him?
A. I do.
Q. Is he white or colored?
A. Negro.
Q. Mr. Hill, I will ask you to further consult this sec­

tion of the Code (handing book to witness), and see if you 
can find anywhere in here where as a matter of law a rural 
mail carrier is exempt. I direct your attention to Section 
3 of Title 30 of the Code of Alabama as amended.

A. What shall I read?
Q. Look through it and see if you find where rural mail 

carriers are exempt.
A. (Reading) “ The Code of Alabama, 1953 Cumulative 

Pocket Part” . “ Persons exempt from jury duty.—The 
following persons are exempt from jury duty, unless by 
their own consent” . In this particular section, I do not 
see the rural mail carriers as being listed.

Q. Is it a matter of jury commission policy here that 
you try not to put mail carriers on the jury roll?

A. We have put them in there.
[fols. 336-339] Q. Generally, you don’t put them in there, 
do you?

A. We have several in there.
Q. They are not exempt under the law?
A. I won-t answer that, sir.
Q. They are not exempt under the law as you read it?
A. Not as I read it.



158

Q. With reference to doctors and physicians and dentists 
and pharmacists, is there anything in the law of Alabama 
as it pertains to a jury commission that prohibits you 
from putting them in there?

A. I think there is a rule that exemption is not a dis­
qualification.

Q. As you understand the law, you and the jury com­
mission could put the names of every doctor, dentist, 
physician, pharmacist, railway engineer and conductor on 
the jury roll if you saw fit to do so?

A. We could do so.
Q. Mr. Hill, do you know how many negro drug stores 

there are in Selma?
A. That is the only one I know, the one owned by 

Warner Beid.
Q, That is the store owned by Warner Beid that you 

previously testified about?
A. Yes.
Q. And in your previous testimony you testified that the 

present jury roll of Dallas County, the one compiled in 
October, 1953, contains the names of 250 to 300 negroes?

A. I said at a minimum 250.
Q. And they are negro male citizens of Dallas County, 

Alabama ?
A. That is true.
Solicitor Hare: That is all.

Bedirect examination.

By Attorney Hall:
Q. Mr. Hill, were you asked to examine Exhibit X, 

which purports to be the present jury roll of Dallas Coun­
ty, Alabama, and ascertain how many persons were listed 
thereon that you knew were negroes?

A. Yes, I was.
Q. How many did you find?
A. I think you have the record, which shows 177, if I 

am not mistaken.
Q. You know there are 177?
A. I picked that many out of the roll.



159

Q. Now, Mr. Hill, did you know all of those colored 
people?

A. No, I did not.
Q. How did you know they were colored people?
A. As I stated previously, I know by occupation, some f 

by personal knowledge, some by addresses. |
Q. Of that 177, how many would you say you knew per- 1 

sonally?
A. Very few.
Q. In your best judgment, what number!
A. I wouldn’t go too high. At least twenty-five of them.

[fols. 340-344] Direct examination.
By Attorney Hall:

*  #  #  #  #  #  *

[ fo l . 345] C. C. T h om as , reca lled  to the stand, testified 
fu rth er  as fo l lo w s :

Cross-examination.

By Solicitor Hare:

Q. You have testified that you are a member of the jury 
commission of Dallas County and have been since 1951?

A. That’s right.
Q. Since you have been a member of the jury commis­

sion of Dallas County, I will ask you if you have arbi­
trarily or systematically excluded negroes from the prepe- 
ration of the jury roll of Dallas County?

A. I have not. We have tried to give this Court the 
best jury we could with the knowledge we have.

Q. Have you systematically included negroes on the 
jury role?

A. To some extent, yes.
Q, Well, you have included them, haven’t you?
A. Yes, that’s right.
Q. I will ask you if there has been a system or practice 

on the part of the jury commission, of which you are a



160

member, arbitrarily to discriminate against members of 
the negro race?

A. No.

* * * * * * *

[ fo l . 346] II. C. R eed, reca lled  to the stand, testified  fu r ­
ther as f o l lo w s :

Cross-examination.

By Solicitor Hare:

Q. You are H. C. Reed?
A. Yes, sir.
Q. And you have testified previously in this proceeding?
A. Yes, sir, I have.
Q. I asked you to examine Exhibit X, the present jury 

roll of Dallas County, Alabama, prepared October, 1953, 
[fol. 347] and list the names of persons you knew to be 
negroes. Have you done that?

A. Yes, sir.
Q. How many did you find?
A. I have listed them, I haven’t counted them. (Wit­

ness counts names on his list) I count fifty.
Q. Now, those are people you know to be negroes?
A. I do.
Q. Did you know every person whose name you saw in 

Precinct 36 when you examined the book?
A. No, sir, I did not.
Q. And so you can’t state, as a matter of fact, that those 

(indicating witness’ list) constitute the names of all of the 
negroes on that list.

A. They are the ones that I know.
* * * * * * *



161
[fol. 348] K e n n e t h  M. H arper, recalled to the stand, 
testified further as follows:

Direct examination.

By Attorney Hall:
Q. You are Mr. Kenneth M. Harper, sir!
A. Yes.
Q. Are you the same Mr. Harper who is a member of 

the jury commission of Dallas County, Alabama!
A. Yes.

* * * # # # #

Q. How have you been able to fill your jury roll, sir?
A. With assistance from people that lived in the dif­

ferent beats. Furnished us with names of the ones that 
they thought were qualified or capable of jury duty. And 
then by knowledge of city and county individuals that I 
have known and have been thrown with. And the same is 
true with Dr. Thomas and Mr. Hill.

Q. Let’s see if we understand each other. Did your jury 
commission officially contact persons in the various pre- 
[fol. 349] cincts and ask them to supply you with names?

A. Yes. Yes.
Q. Did you write these persons letters?
A. No. No. In cases where we’d know somebody, we’ll 

say that was familiar with folks in Plantersville, we asked 
them if they would furnish us with names of those people 
in Plantersville that they thought were capable of doing 
jury duty. And we did that in every beat or every area, 
and we used them to make recommendations to us.

Q. Now, did you contact colored and white people?
A. In the city we did, yes.
Q. How about the other precincts?
A. No, we felt that the white men we had contacted in 

the county knew them and could give us the names of them.
Q-_ Now, the white people you contacted in the various 

precincts, did they hold some official position?
A. No. Some did and some didn’t. Some were private 

citizens. We had any number. Mr. Hill would contact
11—53



162

some and I would and Mr. Thomas would contact some, and 
they would come with the lists.

Q. What recommended these persons to you, sir, as to 
their knowledge of the population of their various pre­
cincts? What yard stick did you use?

A. First, I wanted to know they were somebody I 
thought something of, that I could trust them to do the job 
that I was supposed to do. I was taking responsibility for 
the job, but I was asking them to assist me, and I asked 
somebody I thought was of good character and had the 
welfare of the community at heart and would try to give 
me names of people that would do honor to the county.

Q. Did you use any official records at all in the rural 
precincts ?

A. Voters list in some cases.
Q. Do you recall any particular cases?
A. Not in any particular cases. Just used that, and then 

I had the aid of the county agent.
Q. That is the white agent?
A. Yes.
Q. Did you seek the aid of the colored county agent?
A. No.
Q. Do you have more negroes than white people in the 

rural precincts?
A. Yes.
Q. What would be your opinion?
A. Probably five to one in the county.
Q. Now, Mr. Harper, how would you check the names 

furnished you by these persons, as to their qualifications?
A. Well, in a good many cases I was familiar with them 

myself and I didn’t know anything against them, and if 
they recommended them then that was satisfactory to me. 
I f I did not know anything agains- them and Mr. Hill and 
Mr. Thomas didn’t, and these persons thought they met the 
[fols. 350-351] qualifications, then we accepted them.

Q. How did you ascertain they met the qualifications set 
out in the statute?

A. Just by the fact that the man submitted the names to 
me. He was, so to speak, my agent. I had the utmost 
confidence in him.



163

Q. Did you furnish that man with a list of the qualifi­
cations ?

A. No.
Q. How would he know?
A. I could still cut out the names not fit to serve.
Q. How would you know?
A. When somebody says do you know so-and-so it might 

not come to my mind, and then they’d say you know he 
does so-and-so, and that refreshes my memory, and by that 
procedure we were able to get at it.

Q. You say you would know the people submitted to 
you from these various rural communities personally?

A. Pretty well. I ’d know their family name and the repu­
tation of their families.

[fols. 352-353] Q. Mr. Harper, according to your testi­
mony, you don’t know half of the people listed there for 
Plantersville.

A. If that was what it showed. I never said I knew 
them all.

Q. Well, now, sir, you were mainly responsible for that 
precinct, isn’t that true?

A. As much so as of any other.
Q. You mean you were no more responsible for that 

than any other?
A. No. No. Well, I said I would try to find someone 

to help me with it.
Q. So, you were responsible for getting information 

for this particular precinct?
A. Yes.
Q. You didn’t supply your agent with a list of the 

qualifications ?
A. I told them just verbally about what we had to have. 

I told them we needed jurors, and I might have quoted a 
few qualifications. And they knew themselves. And that 
is what I asked them for.

Q. And did you tell them about all the disqualifications?
A. Oh, no. I don’t know that I did. I didn’t make any 

record.



164

[fol. 354] Q. Mr. Harper, is it a fact that there are a 
large number of names listed on this jury roll and no oc­
cupation listed for them?

A. I don’t know. I haven’t checked it. It conld be. I 
don’t say that it is or isn’t.

Q. In your beat, Union Beat, sir, is it your opinion that 
you know all of the names listed on the jury roll?

A. I know a large number, naturally.
Q. Is there any other precinct in this county that you feel 

you know a large number, I ’ll say at least a majority, of 
the names listed?

A. I wouldn’t make that statement.
Q. Do you know Mr. W. P. Swift, Jr.?
A. Yes.
Q. What is his occupation?
A. Pharmacist.
Q. He is a pharmacist?
A. Yes.
Q. Will you examine Exhibit X, the present jury roll of 

Dallas County? I direct your attention to Precinct No. 
36, Selma, and see if you find the name of W. P. Swift, Jr.

A. Mr. Swift can also be listed as an owner of the busi­
ness.

Q. Yes, sir.
A. I don’t think he claims his exemption, and it may have 

been he said it was perfectly agreeable to put his name in 
there, W. P. Swift, Jr.

Q. Is he listed there?
A. Yes.
Q. On the present jury roll of Dallas County, Alabama?
A. Yes, that’s right.
Q. Do you know whether or not he is a licensed pharma­

cist?
A. Yes, he is.
Q. Did you know it at the time the present jury roll of 

Dallas County, Alabama, was prepared?
A. Yes.
Q. Is he white or colored?

- A. White.
#  #



165

[fol. 355] Q. I show you this book, Defendant’s Exhibit 
A, purporting to be the jury roll for Dallas County, Ala­
bama, for the years 1951 to sometime in October, 1953, and 
ask you if this was the jury roll of Dallas County, Alabama, 
at the time of the hearing that we just asked you about?

A. Yes.
Q. Is this the book that you examined, sir?
A. Yes.
Q. In an effort to tell me how many negroes were------
A. (Interrupting) I don’t remember whether I examined 

the book or the cards. I don’t remember which it was.
Q. And you don’t remember how many you found on 

the jury roll?
A. No, I do not.
Q. But you testified there were how many ?
A. Around thirty.

[fol. 356] Q. Now, sir, in the new jury roll for Dallas 
County, Alabama, certified to by yourself and others as of 
October 17, 1953, how many negroes would you say are 
listed therein?

A. 250 in round figures.
*  # . *  #  *  *  #

[fol. 357] Cross examination.

By Solicitor Hare:
Q. Have you at any time, personally, or since you have 

been a member of the jury commission of Dallas County, 
arbitrarily or systematically discriminated against mem­
bers of the negro race in forming a jury roll?

A. I have not.
Q, Or in preparing a jury box?
A. I have not.
Q. Mr. Harper, since you have been a member of the 

jury commission have you acted as part of any scheme or 
plan to discriminate against members of the negro race in 
the compilation of the jury roll or putting names in the 
jury box of Dallas County?

A. I have not.



166

Redirect examination.

By Attorney Hall:
Q. Mr. Harper, have you at any time, in concert with 

the other members of the jury commission or alone, de­
cided to include negores on the jury roll of Dallas County, 
Alabama ?

A. No, haven’t said we are going to—to talk it out that 
we were going to, not any more than we said we weren’t, we 
didn’t say we were.

Q. I see. Do you recall how many the total number of 
names on the jury roll for Dallas County for the -1951 until 
1953 was?

A. Thirty.
Q. The total number of names, white and colored.
A. Oh! Seems to me something like 1,200, but I don’t 

remember.
Q. And in your best judgment or according to the State’s 

stipulation, you found only the names of three persons 
whom you definitely identified as negroes?

A. Right.
Q. What is the total number of names on the new jury 

roll, the present jury roll as of October 17, 1953?
A. I think it is 1,700 in round figures: 1,500 whites and 

250 negroes.
Q. How did you arrive at those figures? How do you 

know there are 250 negroes ?
A. Because we counted them.
Q. How did you count them?
A. Just as we put them in.
Q. How did you know they were negroes ?
A. Because I knew it when we were putting them in 

there.
[fol. 358] Q. Are you referring to the jury box or the 
jury roll?

A. Both.
Q. When you put them on the jury roll, how did you know 

they were negroes ?
A. Because we selected them to put on the roll.
Q. Did you select them?
A. Yes.



167

Q. When did yon select them?
A. At that time, when we were working up the box.
Q, That was in October, 1953?
A. Eight.
Q. Was that during the time when there were certain 

motions pending before this Court?
A. Partly.
Q. In case No. 8009, wherein William Earl Fikes had 

moved this honorable Court to quash indictments then 
pending against him, on the grounds that the jury which 
indicted him had not been properly organized and that his 
constitutional rights had been violated?

A. Partly. I don’t know which part. We worked up 
part of it, and we were a week or ten days finishing. That’s 
the way it was done. We started in October and officially 
finished on the 17th day of October.

Q. I see. You counted the names on the jury roll which 
were negroes?

A. That’s right.
Q. Would you be able to select them?
A. I did select them day before yesterday. 190, I under­

stood you to say.
Q. And how do you know they are all negroes ?
A. Yes, that’s what I testified to the other day. Same 

thing I testified to the other day.
Q. Do you recall what you testified?
A. I knew some personally and some by where they lived, 

and some by name, and some by his occupation, and some 
by the process of elimination. I knew when we put them in 
there, but like I didn’t know all the folks in the Planters- 
ville Beat, we were assisted in that.

Q. You were assisted in selecting names of negroes?
A. That’s right.
Q. Was it the practice of the gentlemen who assisted you 

to include the names of negroes ? Has that been their prac­
tice since 1951?

A. No, not since ’51.
Q. Was that their practice on the first day of October, 

1953?
A. We asked for it, yes. We asked them to assist us in 

securing negores names and white for the box,



168

Q. And yon didn’t ask any negroes at all ?
A. Not then. We did after that.
Q. Did any negroes assist you in preparing the jury roll 

for Dallas County for 1953?
A. As it stands now, no.
Q. Not a single negro?
A. Not directly. It could be that some of the people we 

asked consulted them, and as I remember now some of them 
did.
[fols. 359-361] Q. How do you knowT?

A. I remember that. Said they talked to some, and they 
said they would do to put in.

Q. So you had agents helping you?
A. Yes.
Q. And they had agents helping them?
A. Yes.
Q. And your agents------
A. (Interrupting) I just told them over the phone about 

what these others knew and what I told them.
Q. When was that? Was that after the present jury 

roll was made up?
A. Yes.

# # # # # # #

[fols. 362-366] Recross-examination.

By Solicitor Hare:
Q. I will ask you to look at Section 20 of Title 30 of the 

1940 Code of Alabama, as amended, ‘ ‘ Jury roll and cards ’ 
and read that section and tell me when the jury commission 
is required to make up a roll by law in Alabama.

A. (Reading from the Code) “ The jury commission shall 
meet in the court house at the county seat of the several 
counties annually, between the first day of August and the J 
twentieth day of December, and shall make in a well bound"" 
book a roll containing the name of every male citizen liv­
ing in the county who possessed the qualifications herein 
prescribed and who is not exempted by law from serving 
on juries.”  .—

Q. Now, meeting that statute, you just testified that you



met in the period that is provided by law for you members 
of the jury commission to meet?

A. Yes, sir.
Q. And I will ask you if your meetings were held in 

persuance of that section of the Code?
A. Yes.
Q. Now, the law does require the jury commission to 

meet within the period between the first day of August and 
the twentieth day of December of each year and prepare 
a new jury roll?

A. Yes.
Q. And I will ask you if Exhibit X, the jury roll of Dal­

las County, Alabama, 1953, which was certified to in Octo­
ber, 1953, is the roll that you prepared at that time and in 
persuance of that section of the Code?

A. Yes.

169

* # # *

[ fo ls . 367-374] W . C. M cCa in , reca lled  to the stand, testi­
fied fu rth er as fo l lo w s :

Direct examination.
By Attorney Hall:

Q. State your name, please.
A. W. C. McCain.
Q. Mr. McCain, you have testified previously in this 

hearing ?
A. Yes.
Q. And you are sheriff of Dallas County, Alabama, are 

you not, sir?
A. That’s right.
Q. And have been since 1946?
A. Yes.
Q. Previous to that time, were you deputy sheriff of 

Dallas County, Alabama?
A. Yes.
Q. How long were you deputy sheriff?
A. About five years.



170

ffol. 375] Cross-examination.

By Solicitor Hare:
[fol. 376] Q. Now, Mr. McCain, are you usually present 
when juries are drawn in Dallas County?

A. I am required by law to attend all sessions of Court 
and I haven’t missed one in the last eleven years.

Q. And you are required to be present when juries are 
drawn ?

A. Yes.
Q. Have you been present on all occasions when juries 

have been drawn for the county?
A. For the past eleven years, yes, sir.
Q. Who draws the juries in the county?
A. The Judge.
Q. Where does he draw them from?
-. From his bench—do you mean where does he draw the 

venire? He draws them in the Circuit Clerk’s office in the 
court house, in my presence and in the presence of the 
Circuit Clerk.

Q. Are there usually other people there?
A. Ahrnys someone in there. Other lawyers. And the 

lawyers are required to be present for the drawing of 
capital eases.

Q. Just explain how the Judge draws the cards from the 
jury box.

A. The Judge reaches into the jury box and extracts one 
card and hands it to the clerk.

Q. Does he usually read that card?
A. He reads the name out aloud and then hands it to 

the clerk, who stacks them in piles of five and keeps the 
tally of the number drawn.

Q. Have you ever seen a circuit judge withdraw a card 
from the box and ascertain whose name is drawn and make 
any disposition of it, other than hand it to the circuit clerk 
for the venire ?

A. I have never seen him discard one or put it back in 
the box. I have made the remark that that person is dead, 
but he still handed it to the clerk, all that he draws out of the 
[fol. 377] box.

Q. Have you ever seen the circuit judge manipulate or



employ any device in drawing a jury in Dallas County, 
manipulate the cards or use any device?

A. Only three judges I have worked with, and they put 
this one right hand (holding up right hand) in the box and 
drew one card out at a time, and called the name out aloud 
and handed it to the circuit clerk.

Q. Now, Mr. McCain, over the past eleven years, have 
you ever known a negro to be drawn out of that box?

A. I have, sir.
Q. Over what period of time?
A. Well, all during the time.
Q. For eleven years ?
A. Yes, sir, all the time.
Q. Have you had occasion to have venires handed to you 

for service that contained the names of negroes on the ve­
nire?

A. Yes, sir.
Q. Over what period of time have you had those?
A. Over eleven years.
Q. I will ask you if you were present when the venire 

was drawn for the November session of Court in Dallas 
County, Alabama, from which the November grand jury 
was drawn?

A. I was present when it was drawn.
Q. I will ask you if the names of any negroes were 

drawn on that venire ?
A. Yes, sir.
Q. I will ask you if those names went on the venire?
A. They were on the writ of venire issued to me.
Q. Were those people served?
A, They were served if we could find them. All the 

parties on there.
Q. I will hand you this document, which I will ask to be 

marked for identification only as State’s Exhibit 2 (hands 
said document to reporter to be marked for identification 
only) which purports to be Venire No. 3, State of Alabama, 
Dallas County, in the Circuit Court of Dallas County, Ala­
bama, Returnable Monday, November 9, 1953, and ask if 
you have ever seen that before?

A. Yes, sir, it has my endorsement on it.

171



172

(Above described venire is marked for identification only 
Plaintiff’s Exhibit 2)

Q. And was that the venire that was drawn for the 
November session of Court in Dallas County, Alabama, 
ffol. 378] 1953?

A. Yes, sir, November 9, 1953.
Q. Are the names of any negroes on that venire?
A. Yes, sir, there are.
Q. Do you know them?
A. I believe I can identify them, yes, sir. It would take 

me a little time. The first one is No. 3, Owen E. Butram— 
B-u-t-r-a-m.

Q. Was he found?
A. Not found. Next, A. C. W. Raiford, No. 9, was not 

found. No. 25, Willie Hatcher, was executed.
Q. Did he answer to his subpoena?
A. He did.
Q. Did he appear in the Circuit Court?
A. Yes, sir, he did. No. 32, William Pair, appeared in 

Court for jury duty. No. 36, Otto Hatcher, appeared for 
jury duty. No. 39, Hudson Strothers—S-t-r-o-t-h-e-r-s, 
appeared in Court for jury duty. No. 66, Browder Mar­
tin, wasn’t found.

Q. Is that a white man?
A. I am not sure about that. I don’t know him and we 

didn’t find him.
Attorney Hall: Read that name again.
The Witnes: B-r-o-w-d-e-r M-a-r-t-i-n. Just shows Cohen 

& Cross, and I am not sure about him.
Q. Any others?
A. Herbert Martin, No. 70.
Q. Did he appear?
A. Yes, and spent the week here in attendance. No. 76, 

Mark Sherrer, appeared.
The Court: He didn’t serve, as he had Federal convic­

tion. I told you about his raising his hand.
Solicitor Hare: I hand you this paper, which I will ask 

you to mark as State’s Exhibit 3 for the purpose of iden­
tification only.



(Above described paper marked for identification only 
Plaintiff’s Exhibit 3)

Q. (Hands said Exhibit 3 to witnes) Which purports to 
be venire No. 4, Dallas County, Alabama, December session, 
1953, and ask you if you have ever seen that before!

A. Yes, sir.
Q. What is that?
A. That is a writ of venire, directed to me for Court 

December 7, 1953.
Q. Now, Mr. McCain, were you present at the time that 

venire was drawn by the Circuit Judge of Dallas County!
A. I was.
Q. And I will ask you to look that over and tell me if 

those names are the same persons whose cards were drawn 
at that time by Judge Callen!

A. Yes, sir, this is the same.
Q. And that those cards were drawn from this jury box, 

which is Defendant’s Exhibit Y !
A. Yes, sir.

[fols. 379-387] Q. Now, Mr. McCain, I will ask you if in 
the drawing of that jury—just explain how the Judge 
drew those cards.

A. This jury was drawn in my presence, and in the 
presence of the Circuit Clerk and the solicitor and all the 
capital defendants for the next week and several lawyers.

Q. And that was in the Circuit Clerk’s office in Dallas 
County, drawn there?

A. Yes, drawn on about the 19th. of November. That is 
when it was handed to me. It may have been handed to me 
the day before the 19th. for the December 7 session of 
Court and we started to make out our slips on the 19th. 
of November.

Q. I will ask you to look that venire over and see if you 
see the names of any negroes there.

A. I believe No. 9 is a negro. That was executed by one 
of my deputies. Willie Smith, No. 9. No. 19, Morgan 
Barnes.

Q. Is he a negro?
A. Negro. And No. 28, James Siegler, I am not 

about him.

173

sure



174

Q. You don’t know whether he is white or colored?
A. No, I don’t. No. 34, William T. Whiten, I am not 

sure about that one. No. 35, Young Childers, is a negro. 
No. 40, John Willey, W-i-l-l-e-y, is a negro. No. 43, Tom 
Waller, is a negro. No. 45, William K. Smith, I am not 
sure about him. His address is listed on Mechanic, and 
if it is on the south of Mechanic he is a negro. No. 47, 
Charlie Rascoe, Jr., is a negro. No. 51, Douglas Harris. 
I believe to be a negro but I am not sure. No. 71, Wash­
ington Gloodwin, he is a negro. That’s all, I think. I got 
some specials.

Q. I hand you the specials in the case of Herman King 
and ask you to look at those.

A. No. 77, Alex Calhoun and 78 I am not familiar with. 
I don’t know whether that is a negro or not. Off-hand, I ’d 
think it was.

Q. And I ’ll hand you the special venire in the case of 
Paul McCurtis and ask you to look at those special jurors 
there.

A. One out of three there is a negro, Herman Crum, 
Tyler, No. 78.

Q. What you are testifying to is just your personal 
knowledge of these people whose names are on there?

A. Yes, sir.
Q. And that is the regular venire and two special venires 

for the week of December 7, 1953?
A. Yes, sir.

# # # # # # #

[fol. 388] Recross-examination.

By Solicitor Hare:
Q. Mr. McCain, if you had fifty of them for civil week of 

Court, would there be any assurance that one would serve 
in the trial of a civil case?

A. It is virtually left up to the attorneys to select the 
jury. No, if there were 100, and seventy-five of them were 
negroes, I wouldn’t have any assurance that they would 
serve then.



175

Q. Were you present when the names of those jurors 
who answered to the call of the venire and qualified were 
put in the hat over there?

A. Yes, sir. The clerk sits over there (indicating clerk’s 
[fol. 389] desk) and she puts the names in the hat. And 
I was present in Court.

Q. Did the Judge put any kind of cover over that hat 
when he drew those names?

A. Yes, there was a handkerchief over the hat. I can 
state this: when the clerk put the names in the hat I was 
standing aside, and the clerk brought the hat up and put 
it on the Judge’s bench, and there were eighteen names 
drawn out of that hat by the Judge. Then the hat was 
pushed aside and left covered while the Judge charged 
the grand jury. Then the Judge directed the grand jury to 
retire to their room and begin their deliberations.

Q. Did he draw any other names from that hat?
A. After the grand jury got out there were six extra 

chairs. I removed the six chairs. And after the grand 
jury left the court room the Judge drew the hat over, still 
with the same cover over it, and drew the names out and 
organized the petit juries.

Q. Were any negroes drawn on those petit juries?
A. Yes, sir, after the eighteen grand jurors were drawn, 

they were drawn on the petit juries and seated in the 
jury box.

Q. Have you seen them drawn on petit juries in times 
past?

A. Yes, sir, I have.
Q. In the empaneling of petit juries in Dallas County?
A. Yes, sir.
Q. And they have taken their seats up there (indicating 

jury box) with the rest of the jurors?
A. Yes, sir.
Q. But in the trial of a case in Dallas County, you never 

saw one serve on a petit jury?
A. No, sir.
Q. And the selection of the petit jury is left entirely to 

the selection of the plaintiff and defense counsel?
A. Yes, sir.



176

Redirect examination.

By Attorney Hall:
Q. I don’t believe I heard yon say just how the proce­

dure was done. How did the cards get in the hat?
A. There are no cards. The clerk makes up a list of the 

jurors—I have seen it done time and again. She removes 
the names of the ones who are excused from that list. She 
cuts them with a pair of scissors, and then tears them off 
and places them in the hat, all except those who were dis­
qualified on account of age or something and those who 
were excused. The clerk sits down and takes out those 
names that were disqualified and puts them aside. Then 
what names she has left, all of those names go in the hat. 
[fol. 390-408] Q. I don’t understand what you mean. How 
does she first make up a list?

A. On a sheet of paper.
Q. From what information?
A. From the venire. The names are listed by name and 

number as they appear on the venire. I believe she uses 
legal size sheets of paper. She takes a pair of scissors and 
clips along the top and bottom of each name. If No. 38 is 
disqualified, she tears that name off and places it in this 
box where she keeps her paraphanalia. She tears off and 
puts aside those that are disqualified. Then she proceeds 
and starts to tear all qualified names off and places them in 
a hat. Places all of the qualified names in a hat.

Q. And then from that hat—you testified that his Honor 
proceeds to cover the hat?

A. Yes, the hat was covered. I don’t recall who covered 
it. The hat was covered with a handkerchief. And the 
Judge runs his right hand inside of the hat and withdraws 
one name at a time, only one, and places it on the desk. The 
name is called out in open Court, then another name is 
drawn from the hat and called out, until eighteen names 
have been called, and the clerk keeps tab for him. Then he 
pushes that hat just a little aside and gives our grand jury 
the various charges, and then instructs them to go to the 
grand jury room and start their deliberations. And im­
mediately after they get out, the Judge starts drawing the 
petit juries, getting twelve for each one. He calls the first



177

twelve up and lets them take their seat, and tells them they 
will be known as jury No. 1, and the clerk places those 
names in an envelope with Jury No. 1 marked on it. And 
he goes on right through the same procedure with jury No. 
2, and so forth,. Jury No. 1, Jury No. 2, 3 or 4 for this week. 
That’s the way it is practiced here. It has been practiced 
here to my knowledge, I have attended every session of 
court for over eleven years, and lots of them in the years 
prior to that. The way we practice it here, that’s been the 
policy and that’s the way they are organized. And that 
hat wasn’t messed with, and the names just drawn out of 
there, and they took them just like they come: eighteen for 
the grand jury and what was left for the organization of 
the petit juries.

Q. That is the method usually used. You mean that is 
the way it has been done?

A. That is the way it has been done for eleven years, and 
my hat has never been used. The hat belongs to some law­
yer, or maybe some juror goes to get his hat and I ’ll say, 
“ I ’m sorry, but your hat is in service. You’ll have to wait 
until the Judge gets through.”

» * # # # * *
[fol. 409] M r s . P au lin e  K. B arnes, recalled to the stand, 
testified further as follows:

Direct Examination.

By Solicitor Hare:
Q. You are Mrs. Pauline K. Barnes?
A. Yes, I am.
Q. And you are the clerk of the Circuit Court of Dallas 

County, Alabama?
A. Yes.
Q. And you have testified previously in this hearing?
A. Yes.

_ Q- Mrs. Barnes, I will show you this book, State’s Ex­
hibit 1, bearing on the cover thereof, “ Minutes New Series, 
11, Dallas Circuit Court” . Can you identify that book?

A. Yes.
Q. What is that?

12—53



178

A. Minutes of the Circuit Court of Dallas County, Ala­
bama.

Q. Volume eleven?
A. Yes, sir.
Q. Mrs. Barnes, are you usually present when juries are 

drawn in Dallas County?
A. Yes.
Q. Who draws the jury?
A. The Judge.

[fols. 410-445] Q. What does he draw them from?
A. The jury box.
Q. What does he draw out of the jury box?
A. Cards.
Q. Cards. Mrs. Barnes, have you seen him draw prac­

tically all of the juries since you have been with the Circuit 
Court?

A. Yes.
Q. And have you at any time, Mrs. Barnes, ever seen a 

Circuit Judge in drawing a jury withdraw a name and set 
it aside or put it back in the box or make any disposition 
of it, other than handling it to you to go on the venire?

A. I have not.
Q. And I will ask you, Mrs. Barnes, in making up the 

venire, have you ever omitted any cards handed you by the 
Circuit Judge?

A. I have not.
Q. You have seen these cards pulled from the box?
A. Yes.
Q. Have you ever seen any mark or identification on them 

that would serve to identify the names on the cards as 
being white or negro?

A. No, I have not.
Q. Mrs. Barnes, you are the official custodian of the 

records of the Circuit Court of Dallas County, Alabama, 
are you not?

A. I am.

Solicitor Hare: That’s all.



179

[fol. 446] M bs. P au lin e  K. B arnes, recalled to the stand, 
testified further as follows:

Direct Examination.

By Attorney Hall:

Q. Are you the same Mrs. P. K. Barnes who has testi­
fied in this case previously!

A. I am.
Q. You are the same Mrs. Barnes who is clerk of the Cir­

cuit Court of Dallas County, Alabama!
A. That’s right.
Q. Were you clerk of the Circuit Court of Dallas County, 

[fols. 447-453] Alabama, in the month of October, 1953?
A. I was.
Q. Are you familiar with the case Xo. 8009, State of 

Alabama versus William Earl Pikes?
A. I know a little something about it.
Q. Will you tell us if that cause was pending in this 

Court during the month of October, 1953!
A. I believe it was.
Q. Will you tell us what motions or pleadings had been 

filed in that cause ?
A. You filed a motion to quash the venire, and you 

filed a motion to quash the indictments—and I don’t know 
what else you filed.
[fols. 453-A-525] Q. Do you know7 what the final result of 
that hearing was?

Solicitor Hare: We object to that. Incompetent, irrele­
vant, immaterial.

The Court: Over-rule the objection.
The Witness: Well, I believe that the Court granted 

those motions.
Q. And do you know the date of his Honor’s judgment!
The Court: October 9, 1953.



180

[ fo ls . 526-527] I n t h e  C ibcuit C ourt of D allas C o u n ty ,
A labam a

Charge: Burglary in the First Degree 

T ranscript  of T estim on y  on J ury  T rial—  

December 7, 8, 9, 1953

Before: Hon. W. E. Calien, Trial Judge, and A Jury.

A ppe aran ce s :

Hon. James A. Hare, Circuit Solicitor.
Hon. Henry F. Reese, County Solicitor.
Hon. Thomas Q-. Gayle, Special Prosecutor of counsel, 

Attorneys for the State.
Hon. Peter A. Hall, Hon. Orzell Billingsley, Jr., of 

counsel, Attorneys for the Defendant.
Gertrude M. Bailey, Official Court Reporter for the 

Fourth Judicial Circuit of Alabama.
[fols. 528-529] C olloquy B etw een  C ourt and  C ounsel

The Court: The first case on the docket: The State of 
Alabama versus William Earl Fikes, number 8072.

Attorney Hall: The defendant pleads not guilty and not 
guilty by reason of insanity.
[fol. 530] The Court: I will stipulate with you to this 
effect: that the venire had thereon the names of several 
members of the colored race, but that the jury empaneled 
to try this case has on it no members of the colored race.

Solicitor Hare: I would like the record to show they 
were struck by both the State and the defendant.

The Court: Any objection to that?
Attorney Hall: No, sir.
The Court: It is further stipulated by and between coun­

sel for the defendant and the solicitors for the State of 
Alabama that the members of the colored race who were 
on the venire for the present week of Court were stricken 
both by counsel for the defendant and the solicitors for 
the State.

# # # # # # #



181

[fo l. 531] M rs. J ean  H e in z  R o ck w ell , being du ly  sw orn , 
testified  as f o l lo w s :

Direct Examination.

By Solicitor Hare:
Q. What is your name?
A. Jean Heinz Rockwell.
Q. Where do you live?
A. 803 Mabry Street.
Q. And how long have you lived there, Mrs. Rockwell?
A. Since the first of February.
Q. You are Mrs. Rockwell, are you not?
A. Yes, I am.
Q. And you are the wife of Almon S. Rockwell ?
A. Yes.
Q. You say that you have lived there since the first of 

February?
A. Yes.
Q. Mrs. Rockwell, were you living there in April of this 

year?
A. Yes, I was.
Q. One night in April of this year, did you have occasion 

to find an intruder in your house?
A. Yes, I did.
Q. Do you recall when that was?
A. It was April 24, Friday night.
Q. And approximately what time of night was it when 

you saw this intruder?
—"A. Around ten-twenty.

Q. Now, where were you at the time, Mrs. Rockwell?
A. I was in my bed.
Q. Was there anyone else there in the house with you at 

that time?
A. My two children.
Q. Now, Mrs. Rockwell, just describe if you will your 

house or apartment or wdiatever your living quarters 
were at that time.

A. I live in an apartment on the south side of the house, 
and you come in on a. screened porch, and go through the 
front door into the living room, and on the left you go to



182

the dining room, and the righthand door out of the living 
room you go down the hall. And the first door down the 
hall to the left is the kitchen, and then the babies room 
and then our room, and right at the back of the hall is the 
bathroom.

Q. How old were your children at this time!
A. My youngest baby was six weeks old and my oldest 

baby was seventeen months old.
Q. Now, where was the oldest baby at that time!
A. In the first bed room.

[fol. 532] Q. In the apartment.
A. Yes.
Q. And where were you at the time!
A. I was in my bed in the back bedroom.
Q. Now, was there anyone in the bedroom with you!
A. The smallest child was in the room with me.
Q. That’s the six weeks old baby.
A. Yes, sir.
Q. Now, is there any -other means of getting in your 

apartment, other than the front door!
A. There is a back door to the kitchen, and a step that 

leads to the window to my children’s room.
Q. What construction are those steps!
A. They are brick.
Q. And you say those steps lead up under the window to 

the children’s room!
A. Under the window to the children’s room.
Q. Now, was Mr. Rockwell there at that time!
A. No, he was not.
Q. Do you remember the condition of the weather that 

night!
A. It had just begun to rain as I dropped off to sleep.
Q. Yes, ma’am, and what time had you gone to bed!
A. Around ten.
Q. Around ten. Are there any fastenings or locks on 

your apartment!
A. On the back door I have a latch on the screen door, 

and I have a chain lock and a Yale lock on my wooden door, 
my kitchen.

Q. The kitchen, that comes in from the side, doesn’t it!
A. Yes,



183

Q. Do you have a lock on the front door?
A. Yes, I have a Yale lock on the front door.
Q. Are the windows locked, or do you have any way of 

fastening them!
A. Yes, there are two latches on each window to the 

children- room.
Q. Is that on the screen or the window itself?
A. It is on the screen.
Q. On this particular night, were the windows in that 

apartment up or down?
A. They were down.
Q. It had been raining?
A. Yes, raining.
Q. Now, I ’ll ask you if the doors were secured that 

night ?
A. They were.
Q. And you say that you had gone to bed and you were 

in your bed.
A. Yes.
Q. Where did you first see this intruder?
Attorney Hall: We object to that particular phase. I 

don’t believe the witness has testified that she has seen an 
intruder.

The Court: Sustain the objection.
Q. On this particular night, did you have occasion to see 

[fol. 533] somebody in your bedroom?
A. Yes, wThen I woke up.
Q. When you woke up. Around what time was that?
A. Er—around ten-fifteen.
Q. Around ten-fifteen—
A. (Interrupting) Ten-fifteen or ten-twenty.
Q. Where was this burglar?
A. He was sitting on me.
Q. Do you know who he was?
A. No.
Q. Could you describe him?
A. Well, he was of slight build, and he looked to be 

around in his twenties.
Q. Of slight build and in his twenties. Was he white 

or a negro?
A. He was a negro,



134
Q. Did he have anything with him at the time that you 

saw him?
A. He had a knife at my throat in his left hand.
Q. And you were laying in the bed.
A. Yes.
Q. Did he say anthing to you at that time?
A. He told me that he was going to kill me.
Q. He told you that he was going to kill you. What 

did you do, if anything?
A. I started struggling immediately.
Q. You started struggling. Did you have occasion to 

see the knife?
A. Yes, that was one of the first things I saw when I 

woke up. It was right at my throat.
Q. Eight at your throat. I will hand you this knife and 

ask you if you have ever seen that knife before?
A. This is my knife.
Attorney Hall: Your Honor, we assume the State is 

going to connect this up.
The Court: Yes, sustain.
Q. That is your knife?
A. Yes.
Q. And is that the knife that you saw on that occasion?
A. Yes, it is.
Q. And it was in the hand of this negro who was sitting 

on you in bed?
A. Yes.
Q. Do you know which hand he held that knife in?
A. It was in his left hand.
Q. Now, Mrs. Rockwell, you testified that he told you that 

he would kill you.
A. Yes.
Q. What did you do then, if anything?
A. I started struggling. I started struggling as soon as 

I woke up.
Q. Did you ever get off of the bed?
A. Yes, after we had struggled awhile on the bed 

the baby cried out, and he glanced over at the baby and I 
[fol. 534] managed to get off the bed then.

Q. And at that time you managed to get off the bed?
A. Yes.



185

Q. Where did you go then?
A. Oui of. my bedroom,, into the hall.
Q. Into the hall. Where was he at that time?
A. He was right on me, holding on to me.
Q. He was holding on to you. How were you dressed?
A. I had on pajamas.
Q. You had on pajamas. How far down the hall did 

you go?
A. I went all the way down the hall.
Q. All the way down the hall. Now, approximately how 

long is that hall? Do you know?
A. About thirty-five or forty feet.
Q. And where did you go from the hall?
A. Into the living room.
Q. And at the time that you were awakened there, Mrs. 

Rockwell, was there a light on in your room? 
v" A. Yes, there was.

Q. Was there a light on in the hall ? 
v ' A. Yes.

Q. Was there a light on in the living room?
A. Yes.
Q. And you say your struggled with him in the hall and 

into the living room.
A. Yes.
Q. What, if anything, happened in the living room?
A. When we got in the living room he fell over a stool.
Q. Fell over a stool?
A. Yes, fell over a stool and he fell on top of me.
Q. He fell on top of you. And where was the knife at 

that time?
A. When we fell the knife was still in his left hand at 

my throat.
Q, Did he say anything to you when he was struggling 

with you in the hall?
A. Yes. I was screaming and he told me to he quiet, 

that he was going to kill me if I didn’t keep quiet.
Q. That he was going to kill you if you didn’t keep 

quiet. And after you fell in the living room, did he tell 
you anything?

A. Yes, he again told me if I didn’t be quiet he was 
going to kill me. And then he told me to straighten out.



186

Q. What did you do at that time?
A. I was screaming, and I saw the knife at my throat and 

I reached up and grabbed the knife and got it out of his 
hand.

Q. You got it out of his hand. And what did he do 
then ?

A. He jumped up immediately and ran partly down the 
hall and out through the kitchen and through the back 
door.

Q. Was that through the kitchen door!
A. Yes.
Q. Was that door closed?
A. No.

[fol. 535] Q. What did you do? Did you follow him?
A. Yes, I followed him. And when he ran out the back 

door I fell up against the back door and locked the back 
door.

Q. Was that door open when he went back to the 
kitchen?

A. Yes, when I chased him out it was. It was locked 
when I went to bed.

Q. It was locked when you went to bed, but when he ran 
out it was already open. He didn’t have to open it at 
that time?

. A. That’s right.
1  Q. How was he dressed at that time!
(| A. He had on a white undershirt and blue-jeans.
§ Q. A white undershirt and blue-jeans?

A. Yes. No shirt.
Q. Did he have any covering over his head?
A. When I woke up he had a towel draped over his 

head.
Q. Did he keep that towel draped over his head?
A. Yes.
Q. Did you ever get a chance to see his face?
A. It seems that I saw one of his eyes.
Q. What build was he?
A. He was real thin.
Q. Real thin. Was he what you would term slender, or 

not?
A. He was real slender.



187

Q. And lie had the knife in his left hand?
A. Yes.
Q. Was that throughout the encounter with you?
A. Yes.
Q, Mrs. Rockwell, you said the windows were closed 

when you went to bed. After he left there, did you have 
occasion to examine the window in the children’s room? 

A. Yes.
i Q. What, if anything, did you find with reference to that 
11 window?
Ml A. The screen was open and the window was open, and 
w there were holes in the screen.

Q. There were holes in the screen where?
A. Over where the latches were.
Q, Had those holes been there all the time?
A. No.
Q. And the window was open?
A. Yes.
Q. And when he left the door was open?
A. Yes.
Q. And there are two doors?
A. Yes, a screen door and a wooden door.
Q. And they were both open?
A. Yes.
Q. Mrs. Rockwell, where had you last seen your knife 

that night?
A. In the kitchen.
Q. And the knife that I showed you is your knife?
A. Yes.
Q. And where had you left it that night?
A. In the kitchen.
Q. Where is the kitchen with reference to the children’s 

room?
A. Right next to it.

[fols. 536-552] Q. How would you go from the children’s 
room to the kitchen?

A. You would have to come out into the hall for a 
little ways.

Q. There is no door from the children’s room to the 
kitchen, and you would have to come out in the hall and 
back in the kitchen?



188

A. Yes.
Q. Now, you say that was the 24th. of April of this 

year?
A. Yes.
Q. And that was in Dallas County, Alabama!
A. Yes.
Q. Did you testify before the grand jury in this case!
A. Yes, I did. ■
Q. And the events you have testified to here, did they 

occur prior to the time you testified before the grand jury? 
A. Yes.
Solicitor Hare: That is all.

[ fo l . 553] J. W ilson  B a k e s , b e in g  d u ly  sw orn , testified  as 
f o l lo w s :

Direct Examination.

By Solicitor Hare:
Q. What is your name?
A. Wilson Baker.
Q. Where do you live, Mr. Baker?
A. Selma, Alabama.
Q. And what do you do?
A. Captain of Police Department.
Q. And were you captain of the Police Department 

throughout this year, from January, 1953, up to the present 
time ?

A. Yes, sir.
Q. Mr. Baker, do you know the defendant in this case, 

William Earl Fikes?
A. Yes, sir.
Q. When did you first have occasion to see or to know 

him?
A. In the City jail on May 16 of this year.
Q. Was that on a Saturday or Sunday?
A.jOn a Sunday.
Q. On Sunday in May of this year?
A. Yes, sir, 16th. or 17th. It was on Sunday.



189

Q. Mr. Baker, did yon have occasion to talk to William 
Earl Fikes while he was in the custody of the police there!

A. Yes.
Q. Did you have occasion to talk to him on Monday, fol- 

[fol. 554] lowing that Sunday!
A. Yes, sir.
Q. In the latter part of that day, did you have occasion 

to talk to him!
A. Yes, sir.
Q. Where did you talk to him!
Attorney Hall: Your Honor, please, may we make this 

motion! We are going to object to any talk that Captain 
Baker may have had with this defendant at this time, as 
it may or may not have been judicial, and at this time it 
is incompetent and immaterial.

Solicitor Hare: I am just asking preliminary questions.
The Court: Over-rule.
Attorney Hall: We except to your Honor’s ruling.
Q. Did you have a conversation with him that Monday 

afternoon!
Attorney Hall: If your Honor please, we object to the 

manner of these questions. It is leading.
The Court: Over-rule the objection.
Attorney Hall: We reserve an exception.
The Witness: Yes, sir.
Q. Where was that conversation!
A. In Kilby Prison in Montgomery.
Q. Who was there at the time that you talked with him!
A. Sheriff McCain, Mr. Sowell from the State Toxi­

cologist’s office, Lt. Ware from our department, and of 
course the defendant.

Q. Now, at any time that you talked to William Earl 
Pikes, did he talk to you at any time!

A. Yes.
Q. Did you have a conversation at any time to make a 

recording of what he said to you and what you said to him!
A. Yes, sir.
Attorney Hall: We object to this particular line of ques­

tioning.



190

The Court: Over-rule.
Attorney Hall: Exception.
The Witness: We made several recordings. On Monday 

evening, and some on Thursday afternoon of that same 
week, and probably that Monday, and some on Saturday 
of that week.

Q. Mr. Baker, I will ask you to look at that machine 
over there.

A. (Witness walks over to recording machine previously 
testified about by William D. Powers) All right.

Q. Are you familiar with that machine!
A. Yes, sir.
Q. Are you familiar with the tape that is on it!
A. Yes, sir.
Q. Who put that tape on!
A. I did, sir.

[fol. 555] Q. Are there any voices recorded on that tape!
A. Yes, sir.
Q. Whose voices are recorded on that tape!
A. Mine and William Earl Fikes’.

, Q. When was that particular recording made!
Attorney Hall: I f your Honor please, we are going to 

ask the Court to exclude the jury at this time. The de­
fendant would like to take an objection to this particular 
line of questioning and objects to the manner in which 
this witness is being questioned. We feel that the jury’s 
presence in this Court would be prejudicial to the defend­
ant’s interest.

The Court: Gentlemen of the Jury, you may retire to 
the jury room for a few minutes. If you would like to 
send one of the deputies for Coca Colas, you are at liberty 
to do so.

(Jury retires to the jury room.)
(Attorney Hall and Solicitor Hare confer with the Court.)
The Court: Take a ten minutes recess.
(Court stands in recess for a fewr minutes, and then 

called to order and the jury returns to the jury box, and 
the trial is resumed.)

(Captain J. Wilson Baker returns to the witness stand.)



Q. I asked you if you made any recordings of conversa­
tions had with the defendant?

A. Yes, sir.
Q. When, particularly?
A. On Thursday afternoon.
Q. What date was that?
A. On May 21.
Q. What day of the week was that ?
A. On a Thursday.
Q. And where was this recording made?
A. In the Chaplain’s office at Kilby Prison.
Q. Who was present there at that time?
A. Lt. Ware of the Selma Police Department and the 

defendant and myself.
Q. Were you the only persons present at that time?
A. Yes, sir.
Q. Now, at that time and at that place and in the pres­

ence of those parties, did the defendant make any statement 
to you?

A. He did.
Q. Had you or anyone within your presence or hearing 

at this time and at this place and on this occasion made any 
threats or show of violence against him to get him to talk?

A. No, sir.
Q. Was there any show of force or had any threats been 

made against him to get him to talk?
A. No.
Q. Had any reward or hopes of reward or inducements 

been held out out to him to get him to talk?
A. No.

[fol. 556] Q. Had he been promised that any statement 
made by him would not be used against him ?

A. No.
Q. Were any rewards or hopes of reward or induce­

ments held to to him to get him to talk?
A. No, sir.
Q. At that time and at that place did you make a record­

ing of your conversation with him?
A. I did.
Q. On what did you make that recording then?
A. On a tape recorder.

191



Attorney Hall: If the Court please, at this time we are 
going to interpose an objection to this entire procedure 
and this entire line of questioning. It has not been shown 
that this defendant was arrested, held, bound, docketed, 
that he was charged with any crime. Nothing has been 
shown as to why he was in Kilby Prison. While this wit­
ness has stated that he made certain statements to him, 
the State has not shown at any time that it or any officer 
of Dallas County or the City of Selma had the right to 
question this defendant. It has not shown that the de­
fendant had the advice of counsel or that he had been 
advised of his right to counsel. It has not been shown 
that this defendant has been accorded all of his rights 
under the laws and constitution of the State of Alabama 
or under the constitution of the United States and the 
Fourteenth Amendment with reference to due process of 
law and equal protection of law.

The Court: Sustain the objection.
Q. Was this defendant under arrest at that time!
A. He was.
Q. Was he in the custody of the City Police of the City 

of Selma, Alabama!
A. He was.
Q. This recording was made in the Chaplain’s office at 

Kilby Prison?
A. It was.
Attorney Hall: We object.
Solicitor Hare: He will have the opportunity to take 

this witness if he wants to on voir dire. _
Attorney Hall: We didn’t quite understand the State’s 

objection to our objection. We do insist that we have the 
right to examine the witness.

The Court: Yes, sir, proceed under voir dire.
Solicitor Hare: If I may bring him up to the thing?
The Court: All right, proceed, Solicitor.
Q. And at the time you testified to and in the presence of 

[fol. 557] the persons you testified were present, he did 
make a statement?

A. Yes.

192



193

Attorney Hall: If your Honor please, we object to lead­
ing.

Solicitor Hare: They are preliminary questions, your 
Honor.

The Court: Over-rule.
Attorney Hall: We except, sir.
Q. How was the conversation recorded, Mr. Baker1?
A. On a tape recording machine. Microphone hooked 

to the tape recorder and placed between William Earl 
Fikes and myself.

Attorney Hall: We object to any conversation or mention 
of any conversation or tape recording until it is shown 
that this defendant was properly arrested and------

Solicitor Hare: (Interrupting) There is no law that says 
anybody has to be arrested when he makes a statement.

The Court: Over-rule.
Attorney Hall: An exception, sir.
Q. Did you make a recording of his conversation with 

you!
A. I did.
Q. And you made it on what machine!
A. Tape recorder.
Q. Yes, sir. And I ’ll ask you who operated that tape 

recorder!
A. I did.
Attorney Hall: Until it is shown that he was under 

arrest------
The Court: Mr. Baker has stated he was under arrest 

and in the custody of the Police Department of the City 
of Selma.

Attorney Hall: We requested the opportunity of ex­
amining him on voir dire.

Solicitor Hare: I was just going to try to get him up to 
the introduction of it and let you take him on voir dire.

Attorney Hall: Take him now?
The Court: All right.

13— 53



194

Cross Examination.

By Attorney Hall:
Q. Captain Baker, during the month of April, 1953, you 

were captain of police of the City of Selma, Dallas County, 
Alabama ?

A. That’s right.
Q. As such official, you wTere concerned with the incidents 

involving this defendant, William Earl Fikes?
A. Yes.
Q. Was he then in the custody of the City of Selma 

officially?
A. When?
Q. At any time during April, 1953?
A. No, not in April.
Q. Was he in the custody of the officials or police of the 

[fol. 558] City of Selma in May, 1953?
A. Yes.
Q. On what day, sir, did you first obtain custody of this 

defendant ?
A. I first saw him on Sunday, May 17, 1953.
Q. Where did you see him on that day?
A. In the City jail of the City of Selma in the City 

Building in Selma.
Q. What was the occasion of his being there, sir?
A. He had been picked up and arrested by officers of 

our department, booked at the desk and placed"in jail.
Q. For what breach of the peace?
A. On an open charge of investigation,
Q. Open charge of investigation. Captain, what do you 

mean when you say an open charge of investigation?
A. He was booked for investigation of burglaries and 

attacking.
Q. What do you mean when you say an open charge of 

investigation?
A. He was booked on an open charge of investigating the 

burglaries we’d been having.
Q- When you book a man on an open charge of investi­

gation, does it mean that you suspect him of a particular 
crime ?



195

A. Oh, yes. In this instance, yes, he was suspected of 
a particular crime.

Q. And he had not been charged with a specific charge!
A. Not on Sunday.
Q. Had he been charged with the commission of a 

specific charge when you first saw him!
A. No.
Q. Or on the occasion of your first talking to him, had 

he been charged with a specific crime?
A. No.
Q. What was the reason for his being in the jail?
A. He had been seen walking through some alleys.
Q. Do you know this?
A. I was told that. It was on the arrest sheet.
Q. It was on the arrest sheet that the arresting officers 

had seen him walking up some alleys?
A. I think so.
Q. Are the arresting officers here in Court?
A. Oh, yes, yes, I think so.
Q. Have they previously testified in this cause?
A. I think on the motions last week.
Q. Are your policemen Bailey and Pressley here in 

Court?
A. I don’t know. I see Mr. Bailey.
Q. Is that the same officer who testified previously?
A. Yes.
Q. He was one of the arresting officers?
A. Yes.

[fol. 559] Q. When you first came in contact with this 
defendant, you yourself didn’t know of any reason for his 
being there other than what you say was on the arrest 
sheet?

A. That’s right, just what was on the arrest sheet.
Q. Was he ever charged with a crime by the City of 

Selma ?
A. Yes.
Q. When was that?
A . I made a warrant on Monday, thg 16th.
Q. You made a warrant on Monday. What happened to 

that warrant?
A. It is in my files now.



196

Q. Was the charge ever entered on the docket of the 
City of Selma?

A. No.
Q. Is that the usual procedure?
A. Yes.
Q. The warrant is never entered on the docket?
A. We put them on the recorder’s docket if they are 

going* before the City Recorder.
Q. How do you tell they are going before the recorder?
A. When I bring him in the court room. If he demands 

a preliminary of some kind and I know he’s going before 
the City Recorder, I put him on the city recorder’s docket.

Q. Then the average fellon or average suspect you pick 
up comes into the city jail and demands a preliminary 
hearing, is that right?

A. Some demand it.
Q. Do they all demand it?
A. No.
Q. Do you advise them of their rights?
A. Yes, I do.
Q. For a preliminary hearing?
A. Yes.
Q. And you advised the defendant of this?
A. Yes.
Q. You, yourself, did it?
A, I am positive.
Q. Was anyone present when you told him he had a 

right to a preliminary hearing?
A. I don’t know. I talked with Willie first alone, and I 

don’t know—I don’t believe anyone else was in there but 
just Willie and myself.

Q. Did you at any time—at any time—enter a specific 
charge against this defendant on the docket, the recorder’s 
docket of the City of Selma?

A. No, not on the recorder’s docket.
Q. Were you present in this court room on one day last 

week when Chief Mullen testified?
A. Yes, sir.
Q. Do you recall his testimony with reference to placing 

the information or warrant on the recorder’s docket?
A. No, I don’t recall.



197

Q. Is he in this room!
A. I don’t see him.
The Court: He isn’t in here.
Q. You don’t recall?
A. No, I don’t recall.
Q. Isn’t it a fact that he said that every time a warrant 

[fol. 560] is issued the information on that warrant, must 
go on the recorder’s docket?

A. I don’t believe that is a fact, I don’t believe he testi­
fied to that.

Q. Captain Baker, in as much as you had reason to be­
lieve that this defendant would not require preliminary 
hearing of which the City Recorder would take cognizance, 
why is it that this defendant was never turned over to the 
County officials of Dallas County?

A. I don’t know any other way to answer that, other 
than that he was not going before the City Recorder be­
cause that Court only meets on Tuesday of each week, and 
on Monday I made the warrant and we transported him to 
Kilby Prison.

Q. You transported him to Kilby Prison. The City of 
Selma took him to Kilby Prison?

A. That’s right.
Q. And at that time no charge was pending in the City 

Court of the City of Selma ?
A. I had a warrant. I had a warrant for Mm.
Q. But it was NOT on the docket, is that right?
A. If we don’t put it on, no, it was not on the docket,
Q. So, that warrant was recorded, of course, and it was 

numbered ?
A. No, it was not a numbered warrant.
Q. No number on that warrant?
A. No number on that warrant. I don’t think so.
Q. Is that usual?
A. Quite frequently.
Q. You have warrants without numbers?
A. Yes.
Q. Were you present in this court room on the occasion 

that Chief Mullen testified?
A. I think so.



198

Q. Isn’t it a fact that he testified that warrants are al­
ways numbered?

A. No, no, he did not testify to that.
Q. Are yon certain of that?
A. I am positive of that.
Attorney Hall: We would like to have the testimony of 

Chief Mullen.
The Court: Not this afternoon. It will have to be 

transcribed. We will have it in the morning.
Attorney Hall: We would like to have that testimony 

transcribed.
Q. Now, Captain Baker, who took this defendant to 

Kilby Prison?
A. Sheriff McCain and Lt. Ware and myself.
Q. And who talked with him on the first day you went 

down ?
A. Dr. Sowell—you mean in Kilby?
Q. Yes, sir.
A. Dr. Sowell from the State Toxicologist’s Office, Lt. 

Ware and Sheriff McCain and myself.
Q. Was any change then pending against him in the City 

[fol. 561] of Selma or Dallas County?
A. The warrant I have told you about. The warrant 

had been made.
Q. Did the warrant show execution at that time, sir?
A. I just don’t know what you mean by showing exe­

cution.
Q. Did it indicate that it had been served?
A. Willie knew about it.
Q. Did the warrant show it had been served?
A. I just don’t know.
Q. Had he been booked for any specific charge?
A. I had written on our arrest sheet, “ Burglary in the 

first degree” .
Q. What is an arrest sheet?
A. It is a sheet, a regular printed form, and used by the 

City of Selma Police Department for booking prisoners 
at the desk when they are brought in.

Q. Is there any way to show whether anything might be 
written on the arrest sheet?



199

A. Well, there were certain things written there at the 
time he was booked there at the office, the time and so 
forth, on the arrest sheet.

Q. On a separate sheet of paper!
A. That’s right.
Q. What was on that separate sheet of paper could 

have been written at any time, couldn’t it!
A. It was not, though. Just at the time he was booked.
Q. But it could be.
A. Oh, I guess it could be.

Solicitor Hare: We object to this. The question is the 
voluntariness of the statement. I can’t see that the nature 
of this or of the warrant against him is in any way perti­
nent to the issue as to whether he made a statement and 
whether it was voluntarily made.

Attorney Hall: If your Honor please, our objection went 
to this man’s arrest.

The Court: Over-rule the objection. Go ahead.

Q. Isn’t it a fact, Captain, that that piece of paper is 
separate and disembodied?

A. Oh, yes, all of our rush sheets are prepared in pad 
form. I believe there is some kind of rubberish glue on 
one end to hold them together until used.

Q. Do you recall Chief Mullen’s testimony with reference 
to arrest sheets?

A. I didn’t listen to all of his testimony. I can’t vouch 
for his testimony.

Q. Isn’t it a fact that he testified that arrest sheets are 
made when men are first brought in, and if warrants are 
issued then whatever is on the warrant is copied on the 
recorder’s record?

A. I just don’t know what he said about that, but I 
know what I did in this particular case.
[fob 562] Q. Do you recall hearing his testimony with 
reference to the recorder’s docket of the City of Selma on 
some previous occasion in this cause?

A. I heard something about it, but I was in and out c f 
the Court room, and I just don’t know what he testified

Q- But you do know there is no reference to William 
Earl Fikes on the recorder’s docket of this city.



2 0 0

A. No, I am sure it is not. I didn’t put it on there. I 
made the warrant out.

Q. So, at the time you transported this man from Dal­
las County to Kilby Prison in Montgomery, there was no 
cause pending against the defendant in this city or in 
this county.

A. Oh, yes, I made a warrant out charging him with 
burglary in the first degree.

Q. That warrant had been served on this defendant?
A. Oh, yes. I made the warrant out personally and 

served it on him here in the jail, and he had been booked.
Q. He had been booked after arrest?
A. As much as we book anyone, on an arrest sheet.
Q. Captain, I believe you testified that you had talked 

to this man previous to taking him down to Kilby Prison. 
Is that right, sir?

A. Yes.
Q. And I assume, of course, that you talked with him 

with reference to the crime?
A. Yes.
Q. At that time, had be been charged with the commis­

sion of that crime?
A. When I first talked with him that day he had not been 

charged.
Q. Where was he then?
A. When?
Q. When you first talked with him.
A. In the city jail. Actually, in my office in the city 

building.
Q. He was in the custody of the City police?
A. Oh, yes.
Q. Did he have an attorney present?
A. No. No.
Q. Had his family come to see him at that time?
A. No.
Q. That was Monday, after he had been picked up by 

officers in Selma?
A. No, that was on Sunday when I first talked to him.
Q. And it was Monday when you took him to Mont­

gomery to Kilby Prison?
A. That’s right.



2 0 1

Q. I see, sir. Now, did you talk with Fikes after Mon­
day?

A. Yes.
Q. Who was with you on that occasion?
A. Well, I talked with him on Wednesday of that week. 

I believe Sheriff McCain was the only one with me on that 
occasion. And Dr. Sowell met us at Kilby Prison.

Q. Now, I believe you testified previously that Sheriff 
McCain was with you on Monday, when you took him down 
there ?

A. Yes.
Q. And that Sheriff McCain was with you Wednesday?
A. That’s right.
Q. Who else was with you?
A. No one else on that Wednesday.

[fol. 563] Q. When did you next see this man?
A. On Thursday.
Q. Who was with you on that date?
A. I didn’t understand the question.
Q. Who was with you on that date?
A. Lt. Ware from the Police Department of the City of 

Selma.
Q. Sheriff McCain wasn’t with you at that time ?
A. No.
Q. This defendant was still technically in the custody of 

the City of Selma?
A. I guess you could call it technically in the custody of 

the City of Selma. He was in Kilby Prison.
Q. They were holding him?
A. That’s right.
Q. For the City of Selma——
A. That’s right.
Q. Or for Dallas County?
A. You can call it either one. I don’t know.
Q. Who were they holding him for?
A. On a charge of burglary.
Q. Who were they holding him for?
A. I just don’t know. He was committed to Kilby 

Prison on an order or request or something of the Circuit 
Judge, Judge Callen.

Q. And just taken down there and held?



2 0 2

A. Yes.
Q. And so they were holding him for the Judge of the 

Circuit Court of Dallas County?
A. Could have been. I just don’t know.
Q. But the City police took him there?
A. Sheriff McCain and Lt. Ware and myself carried him 

down to Kilby Prison.
Q. Were you present in this Court when the sheriff testi­

fied last week?
A. I don’t think I was in here when all of his testimony 

was made.
Q. Didn’t Sheriff McCain testify that he had never been 

in the custody of Dallas County officials until after his 
arraignment ?

A. I don’t know whether he did or not.
Q. On Thursday, when you testified that he made some 

statement into a recording machine, no one was with you 
except Lt. Ware?

A. That’s right. He made some other recordings, but 
just Lt. Ware and myself were present on Thursday.

Q. Is that the recording you have been talking about all 
the time ?

A. That’s right.
Q. The one made on Thursday, May 21?
A. Yes, that’s right.
Q. You haven’t been talking about any others?
A. We have sometime today.
Q. Do you know whose machine that is, Captain (indi­

cating recording machine previously testified about) ?
A. It belongs to the City of Selma.
Q. Belongs to the Police Department of the City of 

Selma?
A. That’s right.

[fol. 564] Q. And it was taken from here------
A. That’s right.
Q. To Montgomery County------
A. That’s right.
Q. By whom?
A. I carried it myself.
Q. And did you talk with this defendant later?
A. Later than when?



203

Q. After Thursday.
A. Oh, yes.
Q. When did yon talk with him again?
A. Talked with him on Saturday of that week.
Q. Saturday of that week? And who was with you on 

that occasion?
A. Mr. James Hare, the Circuit Solicitor.
Q. And after Saturday, did you talk with him again?
A. Yes.
Q. When was that, sir?
A. On Tuesday of the following week.
Q. On Tuesday of the following week. That was the last 

time you talked with him------
A. Yes.
Q. While he was at Kilby Prison?
A. Yes.
Q. Now, Captain, so far as you know, no charge was ever 

lodged against this man?
Solicitor Hare: May it please the Court, that has been 

gone over and over. It is repetitious. He has asked him 
that question numerous times.

The Court: Captain Baker has testified he had a first de- ■ 
gree burglary warrant.

Q. Do you have that warrant with you, Captain?
A. I have it around some place. It isn’t on the stand 

with me.
Q. You don’t know where it is?
A. I believe you have it. I turned it over to you, and 

I don’t know what you done with it.
Q. Is there a record of that?
A. I had it. I had the warrant and turned it over to 

you, and you didn’t return it to me.
Q. Is there anything at the City Hall about that warrant?
A. Just the arrest sheet. I turned the warrant over to 

you. I don’t know what you done with it.
Attorney Hall: That’s all. Your Honor, we submit that 

according to this witness’ own testimony this defendant 
was being held illegally at whatever time the machine was 
used; and that whatever might be on that machine couldn’t 
possibly be binding against him; and the State and cer­



204

tainly not tlie City of Selma nor Dallas County nor the 
State of Alabama, had any right to question him extra 
judicially at that time.

The Court: Over-rule.
Attorney Hall: We take an exception. There is just one 

[fol. 565] other question I would like to ask Captain 
Baker.

Q. Captain Baker, are you an electronic expert!
A. No.
Q. Are you familiar with recording machines!
A. I know how to turn it on and put the tape on and 

record it and play it back, but that’s about all.
Q. You keep it in your possession at all times?
A. Oh, yes.
Q. Where?
A. In the locked vault at the city building.
Q. Nobody else has recourse to it?
A. Chief Mullen probably has access to it.
Q. Nobody has had access to it since the time you used 

it before?
A. No.
Q. You always keep it in your possession and you wind 

the tape?
A. I do myself, yes.
Q. And you are thoroughly familiar with that machine?
A. Oh, I know how to make it go, make it record and 

make it stop.
Attorney Hall: That’s all.

Redirect Examination.

By Solicitor Hare:
Q. As to warrants, Mr. Baker, in the City Hall around 

there, I will ask you: if six persons were arrested for an 
affray, would arrest tickets be made on all six?

A. Oh, yes, sir. 4
Q. And if your investigation proved^ only three were 

involved, would you make warrants against the others?
A. No, sir. '
Q. Would you put them on the docket?:



205
A. No, sir.
Q. Now, I will ask you this: if a person was arrested 

for a bailable offense and he makes bond to the grand 
jury, would that necessarily go on the recorder’s docket?

A. That is not necessary, no, sir.
Q. It would not. If he made a bond to the grand jury, 

it would not be for preliminary hearing?
A. No, sir.
Q. And did the defendant in this case ever request a 

preliminary ?
A. No, sir.
Q. Now, you said you talked to him on Sunday. Did he 

request to talk to anybody at that time?
A. Yes, sir.
Q. Who did he request to talk to?
A. With Sheriff Townsend from Mai-ion, Alabama, the 

Perry County sheriff.
Q. Did you call Mr. Townsend?
A. I did.
Q. Did he come over here?
A. He did.

[fol. 566] Q. Did he talk to the defendant?
A. He did.
Q. Did anyone else from Marion talk to him?
A. On Monday, his boss.
Q. Who was his boss?
A. Mr. Horne, the owner I guess and operator of the 

Pan-Am Service Station in Marion. He and his brother 
told me he was managing the Goodyear store in Marion.

Q. Yes, sir. Mr. Baker, at the time and at the place 
that you had a conversation with this defendant in Kilby 
Prison on Thursday, that you have heretofore testified 
to in the presence of Mr. Ware, was this defendant advised 
or told that his conversation was to be taken down on a 
recorder?

A. Yes, sir, he was.
Q. What did you do with that particular tape after you 

made that recording?
A. I placed it in the vault in the City Building.
Q. Has it been in your possession and in your custody?
A. Yes, sir.



206

Q. Since that time!
A. Yes, sir.
Q, And I will ask you if you have altered, re-arranged, 

added to or deleted, or in any manner whatsoever changed 
that tape from the time you made that recording up to the 
present time?

A. No, sir.
Q. And I will ask you if that tape is a true and correct 

transcription of what was said by everyone present there 
at that time?

A. Yes, sir.
Attorney Hall: We object.
The Court: Over-rule. The witness has answered.
Attorney Hall: We reserve an exception.
Solicitor Hare: Now, may it please the Court, the State 

offers in evidence the recording made at Kilby Prison on 
Thursday, the 21st. day of May.

Attorney Hall: We would like to cross-examine previous 
to that.

Cross Examination.
By Attorney Hall:

Q. Captain Baker, did you testify that the recording— 
that Chief Mullen might have had it between the time you 
had it?

A. He probably had access to it. I am sure he didn’t 
bother it. He knows the combination of the vault.

Q. And it has been kept there at all times?
A. Yes, sir.
Q. And nobody else has the combination to the vault?
A. No.
Q. Has that same tape been on there (indicating record­

ing machine) since that time?
A. No.
Q. Where has the tape been?
A. In the vault.

[fol. 567] Q. That tape has been taken off and put on?
A. Yes.
Q. And there were some other tapes on there sometimes?
A. Yes. I put that tape on there this morning.



207

Q. And it has always been in that vault?
A. Yes.
Q, Yon know that to be true?
A. I am sure. I am positive.
Q. Yon have not checked with Chief Mullen?
A. Yes, I have checked with Chief Mullen and he said 

he didn’t take it out.
Q. Captain, on the occasion of your first talk with Fikes 

on the 17th. of May, that was Sunday? That was the 17th. 
of May?

A. I am sure that’s right.
Q. Did you at that time have several other persons in 

the city jail down there whom you suspected of having 
committed some alleged burglaries?

A. Yes.
Q. And did you question them all?
A. Yes.
Q. And were they all taken down to Kilby Prison?
A. No.
Q. Were any of them taken, with the exception of this 

defendant?
A. No.
Q. Will you tell the Court why you took him?
A. Carried him down there for protection, protective 

custody,.
Q. Protection from what, sir?
A. Oh, protection from ’most anything. It was out 

duty to see that nothing happened to him.
Q. Was anything threatening him at that time?
A. No, not that I know of.
Q. Any mob action or any threatened violence by mob 

action ?
A. No.
Q, At any time, directed at this defendant?
A. No.
Q. Any threat to storm the jail and lynch him?
A. No.
Q. Had any of his fellow prisoners jumped on him?
A. No.
Q. Then why was he taken to Kilby Prison?



208

A. We had had so many incidents reported to us, and we 
thought it best to take him for protection to Kilby Prison.

Q. Had any overt acts been directed at this defendant!
A. No.
Q. He had been in your jail since Saturday night or 

early Sunday morning?
A. That’s right.
Q. And he stayed there all Sunday and was there Mon­

day morning?
A. That’s right.
Q. And about what time Monday did you take him to 

Kilby?
A. About three o ’clock in the afternoon.
Q. So he stayed there most of the day Monday?
A. That’s right.
Q. When you took him to Kilby, were you armed?
A. Yes.

[fob 568] Q. Were you heavily armed?
A. No, just side arms,
Q. Was Sheriff McCain?
A. He had his side arms.
Q. And you had nobody else in the car?
A. Lt. Ware.
Q, You and Sheriff McCain and Lt. Ware?
A. That’s right.
Q. And you had no shot gun or machine gun?
A. No.
Q. If there had been any danger, sir—. Tell me, Cap­

tain, did you take him in an automobile belonging to the 
City of Selma?

A. Yes, City of Selma car.
Q. So that he was still in the custody of the City of 

Selma?
A. I guess so.
Q. And what you suspected Mm of was the commission 

of a felony?
A. That’s right. That’s right.
Q. And you had decided that he was not cognizable by 

the recorder’s court?
Special Prosecutor Gayle: We object, it is not his duty 

to decide.



209
The Court: Sustain. That is out.
Q. You had not entered any charge on the recorder’s 

docket?
A. No, I had not entered any charge on the recorder’s 

docket.
Q. And you had not officially transferred him from the 

City of Selma to Dallas County?
A. No, we carried him to Kilby Prison.
Q. The City of Selma put him in its car and transporter 

him from Selma in Dallas County, Alabama, to Mont­
gomery County, fifty miles away, and had him incarcerated 
in Kilby Prison, which is the State’s prison?

A. That’s right. That’s right.
Q. Captain Baker, isn’t it a fact that you took him down 

to Kilby Prison as a threat, to make him confess to some 
alleged crime?

A. No, we did not.
Q. Isn’t it a fact, this was an act of intimidation?
A. No.
Q. Isn’t it a fact that you told him, told this defendant, 

unless you got this defendant out of Selma he would be 
mobbed and lynched?

A. No, it is not.
Q. Isn’t it a fact that you told him that the best thing 

he could do was to say he did these things and you would 
look out for him?

A. No. No. How could I look out for him?
Q. Isn’t it a fact that you told him he would be better 

off without a lawyer?
A. No. I tell all of the defendants I talk with he could 

and should have counsel.

[fob 569] Redirect Examination.

By Solicitor Hare:
Q- Now, Mr. Baker, when you took this defendant to 

Kilby Prison, had he already made some statement to you?
A. Yes, sir.
Q. And was it your purpose to get more statements by 

taking him to Kilby?
14— 53



2 1 0

A. No, sir.
Attorney Billingsley: We object. He is leading.
The Court: You opened the door.
Attorney Hall: We object to leading.
The Court: All right.
Q. And you say that he was admitted to Kilby on whose 

order ?
A. On an order or letter by the Circuit Judge, Judge 

W. E. Callen.
Q. And that was Monday afternoon after he had been 

arrested at what time!
A. About 12:25 Sunday morning. That’s when he was 

booked.
Q. What do you mean?
A. Twenty-five minutes after midnight. That’s 0025 on 

Sunday.
Q. Yes, sir. Now, Mr. Baker, at any time that you 

talked to this defendant and at the time you made this 
particular recording, were you armed?

A. No, sir.
Q. Was anyone there in the chaplain’s office at Kilby 

armed at that time?
A. No, sir, no one was armed.
Q. Are you permitted to go into Kilby with side arms 

or arms of any sort?
A. No, sir, you cannot enter the prison with arms of any 

kind.

Solicitor Hare: Now, may it please the Court, we now 
offer in evidence------

Attorney Hall: We have one other question, sir.
Solicitor Hare: All right.

Recross Examination.

By Attorney Hall:

Q. Captain Baker, how long did you talk with this de­
fendant when you first talked with him on Sunday, im­
mediately after his apprehension?

A. From approximately ten a. m. until twelve noon.



2 1 1

Q. From ten a. m. until noon, two hours,
A. About two hours.
Q. That was continuous?
A. Oh, no, I was in and out of the office. Reports would 

come in, things I had to attend to, and phone calls.
Q. And he was sitting in your office?
A. Sure.
Q. And as you went in and out was he left sitting there 

or was he taken and locked up ?
A. Oh, no, he was sitting in my office.

[fol. 570] Q. Did you lock him in?
A. No, we didn’t lock him in.
Q. Just left him sitting in there?
A. Yes, sir.
Q. How long did you talk to him Sunday afternoon?
A. Oh, about two and a half or three hours on Sunday 

afternoon.
Q. That was continuous?
A. Not continuous. We had interruptions, and go get a 

drink of water, and come back.
Q, And for two and a half hours or three hours you 

questioned him on Sunday afternoon?
A. Altogether, yes. We rode him around in the car a 

little while and came back. Not continuous questioning.
Q. You rode him around in the car a little while?
A. Yes.
Q. On Monday, sir, when you talked with him—you took 

him down to Kilby on Monday afternoon?
A. Monday afternoon.
Q. Did you talk with him Monday morning?
A. Yes.
Q. How long, sir?
A. About an hour and a half or two hours.
Q. Do you remember what time you started talking to 

him on Monday?
A. Around nine o ’clock in the morning.
Q. And you talked with him until what time?
A. About eleven.
Q. After that, sir, did you talk with him again before 

you took him down to Kilby?



2 1 2

A. No, I didn’t see him again until we were ready to 
go to Kilby.

Q. I see. Now, sir, you didn’t talk with him Monday 
afternoon!

A. Oh, we had a general conversation. I don’t know 
what it was about, I couldn’t tell you. And riding over 
there I was on the back seat with him.

Q. Do you recall testifying previously with reference 
to your conversation with this defendant on Monday after­
noon, sir!

A. I testified several times previously.
Q. And are you certain that you didn’t talk with him on 

Monday afternoon!
A. We carried him to Kilby Prison, and after we ar­

rived at Kilby we talked with him.
Q. Monday afternoon you talked with him?
A. Yes.
Q. How long, sir?
A. I expect we talked with him several hours.
Q. Did you talk with him Monday night at Kilby?
A. Yes, a little while after supper. I just don’t know 

how long.
Q. Did this defendant request this conversation?
A. No, I don’t guess he requested it.
Q. So you talked with him several hours Monday after­

noon, and Monday night you talked with him at Kilby?
A. Yes.
Q. How late did you talk with him Monday?
A. I don’t remember how long. We came back to 

Selma that night. I don’t think it was over several 
[fol. 571] hours that evening.

Q. Now, when did you say you saw him next, sir?
A. On a Wednesday.
Q. And you talked with him on Wednesday?
A. That’s right.
Q. Did you talk with him Wednesday morning, sir?
A. No, I think we didn’t get over there that day until 

afternoon—I believe we did talk with him a little while 
before noon.

Q. About how long that afternoon?
A. That afternoon we had several hours conversation



213

with him. I just don’t remember what time, we stopped 
that evening. Wasn’t too late.

Q. Was Willie doing most of the talking?
A. He was doing quite a bit of it.
Q. He is a talkative man, you would say!
A. No. He was responsive to our questions.
Q. Was he talking spontaneously or in answer to ques­

tions ?
A. Very responsive to the questions we asked him.
Q. Only when he was asked!
A. That’s right.
Q. So that unless he is questioned he doesn’t talk, or 

he didn’t!
A. I don’t know.
Q. During the time you talked to him.
A. Oh. Yes, he would volunteer some, a good bit of in­

formation to us.
Q. But, sir, by and large, he answered questions?
A. He would answer our questions.
Q. But he did talk only when questioned?
A. The only times I talked with him was when we were 

questioning him.
Q. So that during these several hours you mentioned, 

you were questioning him?
A. Sure, yes.
Q. Does that mean that you and Sheriff McCain and. IA 

Ware and Mr. Hare and Mr. Bee.se. were questioning him, 
all of you, not just one ? _

A. Oh, no. I did most of the talking with Willie. And 
Mr. Hare did some on Saturday, and Mr. Reese asked Mm 
on the following Tuesday.

Q. Did the sheriff ask him any?
A. Sure.
Q. And I believe you testified that Dr. Sowell was there?
A. That’s right.
Q. And who is he, sir?
A. He is a toxicologist from the State Department of 

Toxicology, State of Alabama.
Q. And he was present at the questioning?
A. Yes.
Q. And did he direct questions to this defendant?



214

A. Oh, yes.
Q. And I believe you testified that sometime the warden 

or assistant warden was present?
A. Mr. Burford was present at one time, but I don’t 

[fol. 572] know that he actually asked him a question. Mr. 
Burford was warden at that time of Kilby.

Q. At that time, do you know whether or no there was 
any charge pending against this defendant—at the time 
Mr. Burford questioned him?

A. Yes.
Q. Where was that pending?
A. Over here in Selma.
Special Prosecutor Gayle: That has been gone over 

and over. We object on the grounds that it is repetitious.
The Court: Yes, sir, it is repetitious. Sustain.
Attorney Hall: We take an exception.
The Court: All right, you have an exception.
Q. Mr. Burford, you say, was present at the questioning?
A. Yes.
Q. Now, who advised Willie of his right to have counsel?
A. I did each time.
Q. In the presence of these other witnesses?
A. I don’t know whether they were present or not. I 

would usually start off the conversation each time, and 
I ’m sure some of the witnesses heard me advise the de­
fendant that he was entitled to counsel and his various 
rights.

Q. And after Wednesday, did you talk with this de­
fendant again?

A. Yes, after Wednesday, I talked with him on Thurs­
day, May 21, 1953.

Q. How long did you talk with him at that time?
A. First conversation that evening was a couple of 

hours.
Q. You didn’t talk with him at all in the morning?
A. That was in the afternoon. We didn’t talk with him 

in the morning.
Q. You say the first conversation was two hours?
A. Around two hours.
Q. And the second conversation, sir?



215

A, Well, I imagine about an hour or an hour and a half, 
something like that.

Q. And did you talk with him again that afternoon or 
evening f

A. No, not after that second set-to.
Q. Did you talk with him on another occasion?
A. Yes.
Q. What time was that?
A. That was on Saturday.
Q. How long did you talk with him that time, sir?
A. About three hours—about three and a half hours that 

Saturday afternoon.
Q. How about that Saturday morning?
A. We saw Willie a little while that Saturday morning.
Q. How long?
A. I guess fifteen or twenty minutes.
Q. But your main conversation was in the afternoon?
A. Yes, after lunch.
Q. And you were still questioning him?
A. Yes.

[fol. 573] Q. And each time you talked with him, you 
were questioning him?
A. Oh, yes. Yes.

Q. And I believe the last time you saw him was the 
following Tuesday? You didn’t see him that Sunday?

A. No, I didn’t go to see him on Sunday.
Q. Or that Monday?
A. No.
Q. And you saw him, sir, the following Tuesday?
A. The following Tuesday we went over.
Q. How long did you talk with him that Tuesday?
A. Not too long, just a very short while.
Q. About how long?
A. About an hour at the most.
Q. That was in the morning or afternoon?
A. That was in the afternoon, after lunch.
Q. Sir, isn’t it a fact that from the very first day that 

man was picked up by the police of the City of Selma 
until Tuesday, one week later—a week and two days—he 
was constantly questioned by yourself and other officials 
of the City of Selma and Dallas County?



2 1 6

A. No, sir.
Q. Isn’t it a fact that questions were propounded and 

you told him over and over and over again that he com­
mitted several alleged burglaries'?

A. No:' Most of the time he was very responsive to the 
questions.

Q. Isn’t it a fact that you put him in your car and took 
him from place to place where these alleged burglaries oc­
curred and pointed them out to him, and told him the names 
of the people who accused him?

A. No, sir. I took him in the car with Sheriff Townsend 
from his home county and Chief Mullen. Put the de­
fendant in the car, and we left the City Building to go see 
his uncle, who, he stated lived in Selma; and after we got 
there, where he said his uncle lived, he remembered that 
five years prior his uncle had moved to Perry County. And 
after that we we went to Mabry Street—no, not on Mabry, 
but on McLeod, to where------

Attorney Hall: We object to any voluntary testimony.
The Court: You asked him if he didn’t take him. Over­

rule.
Attorney Hall: We except, your Honor.
The Witness: (Continuing his answer) We carried him 

to where he left his car, and we rode him by three of the 
houses that had been burglarized. And we did not tell 
him who lived there or how the entry was made. And 
some of them I didn’t know. And asked him if he had 
been around that place before, and one of the houses he 
said he had been and another at that time he said he 
hadn’t.
[fol. 574] Attorney Hall: If your Honor please, we are 
going to again object to the testimony of this particular 
witness, on the grounds that it is voluntary and uncalled 
for.

The Sourt: The answer made by the witness is respon­
sive to the question asked by Counsel for the defendant, 
and the objection is over-ruled and you have an exception.

Attorney Hall: We reserve an exception, sir.

Q. Captain, you say that you yoqrself did not know the 
locality of those houses?



217

A. I said I knew the location. I said that I didn’t show 
him how the entries were made, because at one of the 
houses I didn’t know until after the defendant told me.

Attorney Hall: Your Honor, please, we move that the 
last answer given by the witness be stricken from the rec­
ord as being voluntary and as being or purporting to be 
in the nature of a confession.

The Court: Your motion is granted; and Gentlemen of 
the Jury, the last part of the testimony by Captain Baker 
is out and not for your consideration.

Attorney Hall: And we further move the Court, that it 
was an improper remark made in the presence of this 
jury, and that at this time the Court declare a mis-trial.

The Court: Your motion is denied. The Court again 
charges the jury that the last remark of Captain Baker is 
out and not for your consideration in the determination of 
this case.

Attorney Hall: We except to the ruling of the Court.
The Court: You have an exception. Anything further?
Q. Captain, it was on Monday afternoon when you were 

riding him around?
A. Oh, no, on Sunday.
Q. That was the day after his arrest?
A. The day of his arrest.
Q. Same day. I see, sir. What time did you get him 

back to the City jail?
A. We were gone about twenty minutes, T imagine. It 

was about the middle of the afternoon.
Q. Who was with you at that time?
A. Chief Mullen and Mr. Townsend, sheriff of Perry 

County.
Q. Chief Mullen and yourself and the sheriff of Perry 

County, and who else?

A. The defendant and myself.
Attorney Hall: I see. That is all.
Solicitor Hare: We will let Mr. Baker stand aside, and 

we want to call Chief Mullen.



2 1 8

[ fo l . 575] Ed W . M u l le n , b e in g  du ly  sw orn , testified  as 
fo l lo w s :

Direct Examination.

By Solicitor Hare.
Q. What is your name!
A. E. W. Mullen.
Q. Where do you live!
A. Selma, Alabama.
Q. Mr. Mullen, what do you do!
A. Chief of Police.
Q. Is that of the City of Selma, Dallas County, Alabama!
A. Yes.
Q. How long have you been Chief of Police!
A. Eight years.
Q. Mr. Mullen, do you know of any tape recording made 

by Captain Baker!
A. Yes, sir.
Q. Do you know of any tape recordings made by him 

with respect to this defendant, William Earl Fikes!
A. Yes, sir.
Q. Do you know where those recordings have been kept!
A. Yes, sir. In the vault in my office.
Q. In the vault in your office. Who has a key, or what 

kind or security, do you have!
A. It has a combination on it.
Q. And who has access to that vault!
A. I have access to it and Captain Baker has access 

to it.
Q. Are you the only two people who have access to it!
A. Yes, sir.
Q. And as far as you know, are you the only two people 

who know the combination to that vault!
A. Yes, sir.
Q. Mr. Mullen, have you at any time altered, deleted, 

spliced or done anything with reference to the tape record­
ings that were in that vault!

A. No, sir.
Q. Have you made any alteration or any sort with 

respect to them!



219
A. No, sir.
Q. And I will ask you if so far as you know they are in 

substantially the same condition now as they were when 
they were put in there!

A. So far as I know, they are. Yes, sir.

Cross Examination.

By Attorney Hall:
Q. What else is kept in that vault, sir!
A. Well, practically everything that we pick up from 

people: contraband stuff, pistols and whiskey, and stuff 
like that.

Q. So that is more or less the evidence vault!
A. That’s right.
Q. And you put everything in there that you take for 

evidence!
A. That’s right.
Q. In the course of each day, you yourself have occasion 

[fol. 576] to go in and out of that vault—that place!
A. I do.
Q. No one else takes out but you!
A. The captain and I.
Q. Just the captain and yourself!
A. That’s all.
Q. Is that in the day and night time!
A. All the time.
Q. Do you mark the things for identification previous 

to putting them in the vault!
A. I mark the things that I put in, yes.
Q. Does Captain Baker mark the things he puts in there, 

so he can identify them!
A. I don’t know whether he marks everything he puts 

in there or not.
Q. You don’t know for sure whether or not he does that!
A. Not in every case, no.
Q. Now, you invariably mark everything you put in 

that particular vault!
A. I do.
Q. And show exactly what it is. It that right, sir!
A. That’s right.



2 2 0

Q. And nobody else has access at any time, is that right, 
sir?

A. Nobody except the captain and T.
Q. I ask yon, sir, how many tape recordings were in 

that vault during the last month or so?
A. I don’t know.
Q. Were there more than one? Or two?
A. I don’t know.
Q. Might there have been several, sir?
A. Yes.
Q. Might there have been as many as six, sir?
A. I don’t know. I don’t think so.
Q. Would you know whether or not there was any dis­

tinguishing mark on them, sir?
A. No, I don’t.
Q. So you don’t know which one was which, do you, sir?
A. No, I don’t know.
Q. So the tape recording on this record player here 

might be any one of several, so far as you know. Is that 
right, sir?

A. As far as I know, yes.
Q. Now, Chief Mullen, what is the procedure on arrest 

in the City of Selma, sir?
A. What do you mean?
Q. What is the procedure for arresting in the City of 

Selma? How is a man arrested when he is brought in to 
your jail? What is the procedure in arresting and book- 
ing?

Special Prosecutor Gayle: We object to that. We have 
brought nothing out from Chief Mullen on that.

Attorney Hall: This is cross-examination, and we have a 
perfect right to ask anything relative to the admission of 
[fol. 577] this defendant.

The Court: Over-rule.

Q. Will you answer, please, sir?
A. A person is brought in to our desk, where a desk 

clerk is on duty, and we have what we term an arrest sheet.
Q. Yes, sir.
A. The prisoner is asked his name, his age, and several 

other questions, and that is placed on this arrest sheet, and



2 2 1

that sheet is filed in the drawer there until a warrant is 
made.

Q. Yes, sir.
A. And then the prisoner is searched and his valuables 

taken off of him, and they are listed on this arrest sheet, 
and then he is placed in jail.

Q. All right, sir. You say “ until a warrant is made” . 
What happens after the warrant is made?

A. When the warrant is made, that is placed on the 
docket—on the recorder’s docket, if it is to come before 
the recorder.

Q. I see. Who has custody of the recorder’s docket, sir!
A, The desk clerk.
Q. Who transfers the information from the warrant to 

the recorder’s docket?
A. The desk clerk.
Q. Who decides whether the matter will come before the 

recorder ?
A. Well, I decide in some instances, and the captain de­

cides in some instances.
Q. I see, sir. So you or the captain decide whether or 

no it goes before the recorder’s Court.
A. That’s right.
Q, Chief Mullen, did you testify in this cause previously, 

sir?
A. No, I did not. You mean in this case?
Q. Yes, sir.
A. No, I did not. I did in the previous case.
Q. On the motions in this cause?
A. You mean on the motions in this cause?
Q. Yes, sir.
A. Yes.
Q. On the motions in this particular cause.
A. Yes.
Q. Do you recall your testimony with reference to the 

arrest procedure, sir?
A. I think I do.
Q. Do you recall stating that in every case where a war­

rant was made, the information on the warrant was trans­
ferred to the recorder’s docket, sir ?

A. Yes, that’s right.



2 2 2

Q. And that is true in every case where a warrant is 
made?

A. In every case where a numbered warrant is made.
Q. Do you recall testifying that all warrants issued by the 

[fol. 578] City of Selma are numbered, sir?
A. No. They are not all numbered.
Q. Do you recall testifying to that fact, sir?
A. No, I don’t think I did. I don’t think I did.
Q. On what occasion do you issue an un-numbered war­

rant, sir?
A. An un-numbered warrant is issued when we have an 

out of town prisoner or send a warrant out of town.
Q. So that the only way you use or issue an un-numbered 

warrant is when you have an out of town person in custody. 
Do you mean you are holding a person for someone out of 
town or that you are going to issue a warrant for some 
person out of town? What do you mean?

A. I mean someone is out of town.
Q. And you issue a warrant for his apprehension?
A. That’s right.
Q. I see. What is the other circumstance?
A. ThatA -̂.viubial]w..Diemjnlv..fdrcnnis,tam:£— „_T
Q. When the person is not out of your custody and you 

are issuing a warrant for his apprehension and you are 
going to send the warrant to some other official?

A. That’s right.
Q, But when a person is in your custody and you issue 

a warrant for his arrest, are the warrants usually num­
bered?

A. Usually they are. Sometimes they are not.
Q. What are the circumstances when they are not?
A. Well, I am not just particularly clear on just why 

they are not.
Q. Why are they numbered, sir?
A. They are numbered in order that we might keep up 

with them.
Q. If they are not numbered you can’t keep up with 

them, can you?
A. Yes, but they would not be on the docket without a 

number on them.
Q. If they are not on the docket with a number on them,



223

do you have any other record of the fact that a warrant 
has been issued I

A. We have the arrest sheet and then we have a copy 
of the warrant.

Q. You make a copy of the warrant, sir?
A. No, the warrant.
Q. You have the warrant itself.
A. Yes, that’s right.
Q. You have the warrant itself, and does that show a 

return ?
A. Yes.
Q. And it shows what has been done with the prisoner?
A. Ordinarily, yes.
Q. Is there ever a time when it doesn’t sir?
A. I don’t know. I don’t think there is.
Q, Chief Mullen, are you or Captain Baker always on 

duty, one or the other of you?
A. No, we are not on duty twenty-four hours a day. We 

are on call twenty-four hours a day.
[fol. 579] Q. I see. How do you usually work, you and 
the captain? Do you work the same hours?

A. Yeah, we work the same hours in the day time.
Q. And is your day an ordinary eight hour day?
A. No, sometimes our day is sixteen hours and sometimes 

eight or ten hours, and sometimes it is twenty.
Q. I see. Now, when the desk clerk takes things from a 

prisoner to keep, whatever they may be, and which might 
go into your vault, what does he do with them if you and 
Captain Baker are not there?

A. They lock it up and keep it until we get there.
Q. And in the event the- need something in your vault 

and you aren’t there, what do they do then?
A. They call us up, and we come down there.
Q. So there is no provision at all for anybody to get in 

that vault if you and the captain are not there.
A. That’s right.
Attorney Hall: That is all.



224

Redirect Examination.

By Solicitor Hare:
Q. Chief, would it be a matter left to your discretion if 

you use a numbered or un-numbered warrant?
A. Not particularly mine. The Captain could do so too.
Q. It would be a matter of your discretion or Captain 

Baker’s, what type warrant you use?
A. Yes, sir.
Q. And do you use un-numbered warrants?
A. Yes, sir.
Q. They are not exceptional?
A. No, sir.
Q. Chief, if a person makes a grand jury bond, is ar­

rested and makes bond to the grand jury, would that go on 
the City recorder’s docket?

A. No.
Q. That case would not be heard by the recorder?
A. No, sir.
Q. And would not be within his jurisdiction?
A. No, not if it goes to the grand jury.
Q. If a preliminary was requested by a defendant, would 

it go on the recorder’s docket?
A. Yes, sir.
Q, Did you ever talk to William Earl Fikes while he was 

in the custody of the City of Selma?
A. I talked to him possibly five minutes in the office.
Q. At any time that you talked with Mm, did he request 

a preliminary ?
A. No, sir.
Solicitor Hare: I believe that’s all.

[fol. 580] Cross Examination.
By Attorney Hall:

Q. Did William Earl Fikes make a grand jury bond?
A. I think he did.

‘ QrWSsTn' released ?
A. No, I don’t think he was released.
Q. As a matter of fact, can a person make a bond before 

he is charged?



225

A. I wouldn’t know that.
Q. Chief Mullen, is murder a bailable offense!
A. As far as I know it isn’t.
Q. Do you recall examining the recorder’s docket in this 

Court previously in this cause!
A. I do.
Q. Do you recall seeing listed there the name of a de­

fendant charged with murder who waived to the grand 
jury!

A. You mean of one particular person!
Q. Yes, sir, of one particular person.
A. Yes.
Q. You remember seeing that!
A. Yes, I do.
Q. And that was in the recorder’s docket!
A. Yes.
Q. And as to the disposition, it says, “ Waived to the 

grand jury” !
A. That’s right.
Q. In that case no grand jury bond was made!
A. No, there wasn’t any bond made.

Redirect Examination.

By Solicitor Hare:
Q. If they waive to the grand jury, does that necessarily 

mean they are subject to bond or bailable!
A. No, sir.
Q. Are capital offenses in Alabama necessarily bailable? 
A. As far as I know, they are not.

Recross Examination.

By Attorney Hall:
Q. Chief Mullen, who ordinarily sets bond for defend­

ants?
r e o rder sets bond,

Q. Does he set the bond without a preliminary hearing? 
A. No, I don’t think so. I know he doesn’t.

15—53



226

Q. In order to have a preliminary hearing, wouldn’t the 
name of the defendant have to be on the recorder’s docket?

A. Yes.
[fol. 581] Q. So that in order for a defendant to obtain 
bond for the grand jury, he would have to have a pre­
liminary hearing in the recorder’s court, would he not?

A. He would have to have it or waive.
Q. And if he waived, the recorder’s docket would show 

that, wouldn’t it?
A. Yes.
Q. And if a defendant had made bond, had made bond 

for consideration by the grand jury and waived his pre­
liminary hearing, that fact would still appear in the re­
corder’s docket, would it not, sir?

A. Yes.
Q. As a matter of fact, sir, is it not a fact that in no 

circumstance where a man is accused of a felony, can he 
get bond without first having a preliminary hearing in the 
recorder’s court of the City of Selma?

A. I don’t know about that. If he is tried in our Court, 
if he has a preliminary hearing, the Judge will set a 
bond if he is bondable.

Q. In no circumstances, where a man is arrested by the 
police of the City of Selma and charged with a felony, can 
he get by without having a preliminary hearing in the re­
corder’s court of the City of Selma, is that true, sir?

A. Yes, on some felonies he can get a bond.
Q. What are they, sir? And who would set them, sir?
A. Well, assault with intent to murder—and grand 

larceny.
Q. Grand larcency, sir? That is true in the City of 

Selma?
A. That is right.
Q. Who would set that bond?
A. Either I or the captain.
Q. In grand larcency and assault with intent to murder?
A. Yes.
Attorney Hall: That’s all, sir.
Solicitor Hare: You can come down.



J. "Wilson  B ak er , recalled  to the stand, testified fu rth er 
as fo l lo w s :

Direct Examination.

By Solicitor Hare:
Q, You are Mr. J. Wilson Baker of the Police Depart­

ment !
A. Yes.
Q. And you have previously testified in this cause today!
A. Yes.
Q. And you testified with reference to a tape recording 

that you made!
A. Yes, sir.
Q. Mr. Baker, I will ask you if that particular recording 

that you have heretofore testified to, if you have recently 
played that recording back!

A. I have.
Attorney Hall: If the Court please, we object to that, 

[fol. 582] The Court: Sustain the objection.
Solicitor Hare: I am just trying to show that it is the 

same. Preliminary questions.
The Court: Sustain the objection to the question.
Q. Are you familiar with that recording that is on the 

machine there, and which you have previously testified to !
A. I am.
Q. I will ask you if it is a true and correct transcription 

of what was recorded on that occasion!
A. It is. Yes, it is.
Q. And that you have heretofore testified about!
A. Yes, it is.
Q. And that particular recording on this machine was 

made by you!
A. Yes, sir.
Q. And in your presence!
A. Yes, sir.
Q. And it has been in your custody since the time that 

it was made!
A. Yes, sir.

2 2 ?



2 2 8

Q. It has not been altered, deleted, spliced or changed1?
A. No, sir.
Solicitor Hare: May it please the Court, the State at 

this time now offers the recording in evidence.
Attorney Hall: If the Court please, we want to cross- 

examine.
The Court: Go ahead, and let’s conclude it now.
Attorney ------: Your Honor, please, we don’t want to

delay the hearing, but the State insists on bringing out 
new testimony and we have a right to cross.

The Court: Go ahead.

Cross Examination.

By Attorney Hall:
Q. Captain, how many tape recordings—we withdraw 

that. Where was this tape recording for the last month, 
sir?

A. In the vault in the City Building of the City of Selma.
Q. I ask you, Captain, were you in the Court room 

during Chief Mullen’s testimony?
A. On part of it. Not very much of it.
Q. You heard part of it, did you?
A. Yes.
Q. You were out of the court room most of the time?
A. I was back in the lawyer’s room smoking.
Q. You heard some of it?
A. Yes, but just a very little of it, because I was in the 

lawyer’s room smoking.
Q. Captain, you say this recording was in the vault of 

[fol. 583] the police department of the City of Selma?
A. That’s right.
Q. How many tape recordings are in there, sir?
A. I don’t know of but one.
Q. That is the only one that you know of?
A. That’s the only one I know of.
Q. No other recordings are in that vault?
A. No others. None.
Q. None that you made yourself?
A. Oh! Recordings? It was two or three tapes.
Q. Two or three different tapes?



229

A. Yes.
Q, Are they on spools?
A. On these plastic spools.
Q. Several tapes?
A. Yes, sir.
Q. And each constituted a separate recording?
A. That’s right.
Q. Were these tapes marked for identification purposes?
A. Yes.
Q. How were they marked?
A. I have them in a little blue paste-board box with a 

little paste-board card, and each one identifies what por­
tion of the conversation I had with the defendant is on 
that reel.

Q. I see, sir. Now, do you have those little blue boxes 
in this court room, sir?

A. No, I don’t.
Q. That is the only way you can identify one recording 

as against another?
A. That’s right.
Attorney Hall: That’s all.

Redirect Examination.

By Solicitor Hare:

Q. Mr. Baker, can yoii identify a recording by putting it 
on the machine and playing it?

A. Yes, sir.
Q. And I will ask you if the recording you have on the 

machine now is the recording which you made on the occa­
sion you have heretofore testified about?

A. Yes, sir, it is.

Recross Examination.

By Attorney Hall:

Q. Captain Baker, how do you mean you can identify 
a recording if it is put on the machine and played, sir? 
Do you have a special way of making a recording?

A. Oh, I know the conversation that I had.



230

Q. Is it possible that somebody might have made an 
identical recording and left out one word or some words or 
included some words!
[fol. 584] A. Not with my voice.

Q. Is it possible that somebody might have imitated 
your voice!

A. No, I don’t believe so.
Q. The only way you can identify this recording, sir, 

at this time, and the difference between it and some other 
recordings is by those little blue containers!

A. I personally took it out of the little blue container 
and I personally put it on this particular machine.

Q. You don’t have any of those little blue containers 
in the court room at this time!

A. No, I don’t.
Attorney Hall: That’s all, sir.
Solicitor Hare: The State offers in evidence the record­

ing heretofore testified to by the witness presently on the 
stand.

Attorney Hall: If the Court please, the defendant ob­
jects to what purports to be a recording made by this 
witness, on the ground that sufficient predicate has not 
been laid.

The Court: Over-rule the objection.
Attorney Hall: We except, sir, and we would like to 

make another motion. We would like to make an offer to 
put this defendant on the stand for the purpose of re­
futing certain allegations by the State with reference to 
the voluntary nature of what purports to be certain extra 
judicial admissions, and for no other purpose.

Solicitor Hare: Now, may it please the Court, if the 
defendant takes the stands IJnskt, that he /be. subject/ 
cross-examjjmtjun_jui^any t o d e w ^ --^^^^maTxs^^eyic  

^Hence- Tam  not willing to make any agreement of limLW

V The Court: And you are only offei’ing the testimony of y 
vthe defendant for the purpose of refuting the voluntary /  
nature of this recording! /

Attorney Hall: Just that, sir,



231

The Court: I sustain the State. If the State is not 
willing to reach a stipulation or agreement on that, but 
insists that you open defendant for cross-examination of 
any and every nature, I over-rule the motion.

Solicitor Hare: I ask Mr. Baker to play the recording.
The Court: The reporter is to take down verbatim the 

words which come from the recording which Captain 
Baker is about to play.
ffol. 585] Attorney Hall: Before the recording is played, 
the defendant would like to object again on the grounds 
that this recording has not been sufficiently identified, it 
has not been sufficiently shown where this recording has 
been kept, and it has not been sufficiently shown that there 
was no chance for substitution, and it has not been suffi­
ciently shown that the person or persons who allegedly 
made this recording were proficient and sufficient at the 
operation of this machine, nor has it been shown that they 
are experts to a necessary proficiency to attest to the 
correctness of what purports to be a recording of an 
alleged confession; further, it was been conclusively shown 
here that there were several recording- or tapes or spools 
of tape kept in what purports to be the vault of the City 
Police of Selma at the same time, and that this recording 
has not been shown to be different from any other record­
ing made at some subsequent time or at some previous 
time. For all of these reasons, sir, we object to the ad­
mission of this into evidence.

The Court: Your objection and your motion—I presume 
you are combining them?

Attorney Hall: Yes, sir.
The Court: Your objection and your motion are both 

denied.
Attorney Hall: We reserve an exception.
The Court: You have an exception.
(The above referred to recording is accepted in evidence 

as State’s Fjxhibit 3; and the witness, Captain J. Wilson 
Baker, goes to the recording machine and plays same to 
the Court and Jury.)



232

S t a t e ’s E x h ib it  3

Recording of Conversation Between Captain J. Wilson 

Baker and the Defendant, William Earl Fikes
What is your name1? William Fikes.
What is your name! William Fikes.
How old are you, Willie! Twenty-seven.
How old! Twenty-seven.
Speak your name and age one more time. Twenty-seven, 

William Fikes.
What’s the day of the month, Willie! May the twenty— 

twenty-first, May the twenty-first.
[fol. 586] What year! 1953.

Do you know who is talking to you in here today! Yes, 
sir.

Who! Captain—Captain Ware and er—Captain—er—
Who, Willie! Captain Ware and Captain Baker—er—
Captain Baker! Captain Baker.
Where are we from! Selma, Alabama.
Where do we work! Do you know! Police department.
Willie, we’ve only been talking to you about a couple of 

hours now, haven’t we! Yes, sir.
During this time has anybody cursed you or abused 

you, beat on you, threatened to beat you or anything, 
threatened you in any way! No, sir.

To try to get you to tell us the truth! No, sir.
Now, William, what we want to do right now is to review 

everything that we’ve been over so far, and I want you to 
tell us the honest to God’s truth about everything that 
you’ve done so far, you hear! Yes, sir.

Everything that you’ve told us so far about these things, 
breaking in these houses. Have you been breaking into 
any of the houses in Selma! All that I told you about, 
I have.

The ones that you have already told us about! Yes, sir.
Well, now, the first you went into in Selma you say now 

is on a Friday night about a month ago! Yes, sir, maybe 
a little longer than that.

William, do you remember the date! No, sir, I don’t 
exactly remember the date,



233

Well, now, William, that house you went into was on a 
Friday night! Yes, sir.

Was it raining that night! Yes, sir, it was drizzling.
Drizzling or raining pretty hard, which was it! It was 

just drizzling.
Just drizzling! Yes, sir.
Drizzling enough to get you good and wet, wasn’t it! 

Yes, sir.
No, how did you get in that house, William? Er—I went 

around to the side window and took a piece of wire and 
opened the screen and come through that.

And what kind of room were you in then? I was in a—- 
er------

What kind of room was it, William, do you remember? 
I was in a ki-------

In a bedroom with a child? Bedroom?
Who was in that bedroom, William? Baby.
Did you bother that baby in any way? No, sir.
Did you put your hand on her? No, sir.

[fol. 587] You walked on around then to what room? 
Bedroom.

Did you go from that room to another bedroom or did 
37ou go from that room to some other kind of room in the 
house? Went to the bedroom.

You went to the bedroom before you went in the kitchen? 
No, sir, I went in the kitchen first.

What did you do in the kitchen? Got a knife.
Before you went to get the knife, did you do anything 

else in there? No, sir.
Did you unlock a door there in the kitchen? Yes, sir, 

I unlocked the door.
What kind of latch was on the door, do you remember? 

A chain latch.
A chain latch? One with a bolt that hangs on the end 

of a chain, bolt that slides through and hangs on the end 
of a chain, is that right? Yes, sir.

And you picked up a knife in there? Yes, sir.
Where was the knife? It was laying on the kitchen cabi­

net or table or something.
How long a knife was it? It was about five inches long.



234

It couldn’t have been no longer than that? Yes, sir, it 
could have been longer.

What kind of knife was it? It was a butcher knife.
It was a butcher knife? Yes, sir.
All right. After you got this knife, where did you go? 

Went on up in the bedroom.
Went down the hall into the bedroom, or what? Yes, sir, 

went up------
Went up to the end of the hall into a bedroom? Yes, sir.
What did you do in there, William? A lady was in there 

in the bed.
Was a little baby in there in that room with her? Yes, 

sir.
Was the baby in the bed with her? No, sir.
The baby was in a little thing close to the bed? Yes, sir.
What did you do on that bed with that lady? I started 

to get on the bed and she woke up and she grabbed me and 
tussled and stumbled around in there and fell over a stool 
in the living room, and------

And you stumbled out of the bedroom and got down into 
the living room? Yes, sir

And you fell over a stool? Yes, sir.
Go ahead and tell me now what happened after you fell 

over the stool, go ahead. Fell over the stool. Fell over 
the stool and fell down in the floor and she tussled the 
knife out of my hand and got at me and I ran out of 
[fol. 588] there.

After you fell over the stool and got down on the floor, 
what did you say to this lady? I told her to open her legs 
out, I wanted a little.

Told her to open up her legs, you wanted a little? Yes, 
sir.

And she took the knife and you got up and ran out of the 
door? Yes, sir.

Now, William, why did you go in this house? I don’t 
know, sir, Captain, just a urge or something. I don’t know.

What kind of urge, William? Just tell in your own 
words what kind of urge you think it was. I don’t have 
any idea, but just------

What were you looking for in there? I was looking for 
some place to have an intercourse,



Looking for some place to have an intercourse, and you 
knew white folks lived there, didn’t you! Yes, sir.

And you were trying to have an intercourse with a 
white lady, is that right! Yes, sir.

And after you ran out of the house, where did you go! 
I went on and got in the truck and went on hack to Marion.

You went on back to Marion? Yes, sir.
Now, where was your track parked while you were in 

the house with this white lady? Parked down there by the 
—the first come up in town down there back of that ice 
house down there.

You parked down there each time you come in town? 
Yes, sir.

And at the ice house down close to where? To the 
Buckeye Oil Mill.

Close to the Buckeye Oil Mill? Yes, sir.
Now, William, the night you came in here, did you come 

in here by yourself? That night you’re talking about you 
went in the house with the white lady with twro children 
in the house, now, one in one room and the baby in the 
room with the white lady, who came over to Selma with 
you that night? Didn’t no one came.

About what time of night was it when you went in 
there? It was about ten o ’clock or somewhere around 
there.

About ten or somewhere around there? Yes, sir.
This piece of wire you said, where did you get that 

piece of wire that you used on that screen? I wrung off 
a little piece around the house there, a little piece of wire 
hung up around there.

You found a piece of wire around behind the house there? 
Yes, sir.

And you wrung it off? Yes, sir.
And you threw the other big piece down and just kept 

[fol. 589] that little piece? Yes, sir.
Now, where was it? Just laying on the ground when 

you found it? No, sir, it was up.
Dp? Dp on what? Kind of clothes line.
Dp on a piece of clothes line? Yes, sir.
And you just threw the other piece down on the ground

235



236

when yon got through with it, or did yon leave it hanging 
somewhere? I just left it hanging.

You just left it hanging? Yes, sir.
William you went in that house looking for a white lady 

that you could have an intercourse with then, didn’t you? 
Yes, sir.

Now, William—Yes, sir?
The night that you were in that house that you were 

just telling me about, now, where you got a butcher knife 
out of the kitchen and went back in the bedroom and tried 
to start to get up on the bed with this white lady, and she 
started scuffling with you, do you know how she was dressed 
that night? She had on pajamas.

Had on pajamas? Yes, sir.
And you tried to pull her pajamas off? No, sir.
You didn’t get around to that? No, sir.
That is what you went in there to try to do, wasn’t it? 

Yes, sir.
And she fought you off? Yes, sir.
And you went on back to Marion? Yes, sir.
And your name is William Fikes? Yes, sir.
And you are 27 years old? Yes, sir.
And you live in Marion, Alabama? Yes, sir.
All right, William. You know that you have been, or 

we have been recording this as we talked to you, don’t you ? 
Yes, sir.

And you know that you are talking into a microphone 
that’s making a record of everything we say, don’t you, 
William ? Yes, sir.

And you know that you are making this statement 
voluntarily, and we haven’t forced you or whipped you or 
threatened you or nothing else and told you what would 
happen to you about these things, have we, William? No, 
sir.

And that is the truth, isn’t it, William? Yes, sir.
All right, William.
(End of State’s Exhibit 3.)
Attorney Hall: If your Honor please, we would like for 

[fol. 590] the record to show that ony a portion of this 
recording was played, and that previous to the identifica­



237

tion of the person who allegedly made those admissions 
the recording- came to a complete stop. We don’t know if 
the record shows that or not. Perhaps the recording came 
to a complete stop and it was started again. We would 
like for the record to show also, sir, the various noises 
that sounded on the recording. For instance, there were 
some sniffs and sniffings, and slaps and slammings. Per­
haps the witness can clear those up, but we want the record 
to show what is on the recording.

Redirect Examination:

By Solicitor Hare:

Q. Mr. Baker, the recording that you just played there, 
was that a true and correct transcription of the conver­
sation that you had with William Earl Fikes on the occa­
sion heretofore testified to in the Chapl-in’s office at Kilby 
Prison!

A. It is.
Q. Mr. Baker, at one time in the course of the recording, 

the noise indicated a stop. Was that machine stopped for 
any length of time, or was there a change in the conversa­
tion, or what was that?

A. The machine was cut off and turned immediately back 
on. Not more than a few seconds.

The Court: By whom?
The Witness: By me.
Q. Did any conversation take place while you turned 

the machine off and before you turned it back on?
A. No, sir.
Q. Now, the various noises that are heard in there, some 

slamming noises, do you know what they purport to repre­
sent?

A. Yes, sir, I do.
Q. What are they?
A. Automatic doors to the various cells or the corridor 

doors at Kilby Prison.
Q. How are they operated? Manually?
A. By an electrical switch board in a cubical near the 

front of the building.



238

Q, Now, Mr. Baker, did the opening or closing of any 
of those doors in Kilby Prison record a sound on that tape!

A. Yes, sir, the opening and closing should sound on 
there. Yes, sir.

Q. And I will ask you if that was a complete transcrip­
tion, and a true and correct transcription of the conversa­
tion that was had by you and William Fikes on that occa­
sion!

A. It is, yes, sir.
Q. Mr. Baker, at any time while that record was in 

[fol. 591] process of being made, did you or anyone slap 
the defendant, or make any act or show of violence against 
him or do anything to him!

A. No, absolutely not, sir.
Q. Now, Mr. Baker, subsequently or after this recording 

that you have just testified to or about, did you have occa­
sion to talk to this defendant, William Earl Fikes, on any 
other occasion!

A. Yes, sir.
Q. When was that!
A. On one occasion, Tuesday, May 26, 1953.
Q. Tuesday, May 26, 1953.
A. Yes, sir.
Q. Where was that conversation had?
A. In the Warden’s office in Kilby Prison, Montgomery, 

Alabama.
Q. Who was present at that time!
A. The Warden, Mr. Burford; and the Warden’s secre­

tary, Mrs. Chambliss; Mr. Henry Reese, the solicitor of 
Dallas County, Alabama; Mr. James Hare, the Solicitor; 
Lt. Ware and myself.

0. And did you have a conversation with this defendant 
then ?

A. I did.
Q. In whose office was that conversation had?
A. In Mr. Burford’s office.
Q. Where is that office located in Kilby Prison?
A. It is on the right at the immediate front of the prison 

as you go inside of the door.
Q. And who is Mr. Burford?



239

A. Mr. Burford was the warden of Kilby Prison at 
that time.

Q. Now, Mr. Baker, did you or anyone within your 
presence or hearing at that time make any threats, show 
of violence, or offer of violence against William Earl 
Fikes to get him to talk?

A. No, sir.
Q. Did you threaten him in any way to get him to talk?
A. No, sir.
Q. Did yon make him any promises or hopes of reward 

or promises of immunity at that time to get him to talk?
A. No, sir.
Q. Did anyone within your presence or hearing make 

any threats against him to get him to talk?
A. No, sir.
Q. Did anyone within your presence or hearing make 

any offers of reward or hopes of reward or promises of 
immunity to get him to talk?

A. No, sir.
Q. And in whose presence did he talk?
A. In the presence of Mr. Burford, the warden of Kilby 

Prison, the warden’s secretary, Mrs. Chambliss, Mr. Henry 
Keese, Mr. James Hare, Lt. Ware and myself.

Q. At that time, Mr. Baker, I will ask you if a record 
was made of a conversation had with William Earl Fikes?

A. There was.
Attorney Hall: We would like the privilege or oppor­

tunity to examine this witness on voir dire.
Solicitor Hare : We will give you an opportunity when we 

[fols 592-594] get around to it.
The Court: You will have that opportunity before the 

introduction of it.

Q. Was a record made of this conversation?
A. Yes, sir.
Q. And who made that record?
A. Mrs. Chambliss.
Q. How was this record made?
A. She took it down in shorthand and typed it up in 

question and answer form.
Q. Now, when did she type it up?



A. Immediately.
Q. Immediately. Can William Earl Fikes read and 

write ?
A. Yes, sir.
Q. On this occasion was that statement given to him to 

read1?
A. Yes, sir.
Q. Did he read it1?
A. Yes, sir.
Q. Now, I will ask you further if that statement was 

read to him?
A. Yes, sir, it was.
Q. Who read it to him?
A. I did, sir.
Q. And I will ask you if he affixed his signature any­

where on that statement?
A. He did.
Q. Where did he affix his signature?
A. On each page, on the margin of each page, and on the 

bottom of the last page.
Q. And I will ask you if those pages bear any signature? 
A. Yes, sir.
Q. Whose signature is signed to it?
A. William E. Fikes.
Q. Are there any witnesses shown?
A. Yes, sir.
Q. Who?
A. Lt. Ware and myself.
Q. How many pages in all were taken or constitute that 

statement?
A. Five, sir.
Q. Are those pages numbered?
A. Yes, sir.
Q. I will ask you to examine those pages and tell me 

whether the name of William Earl Fikes is written on each 
of those pages.

A. On each page, yes, sir.
Q. Who wrote that name?
A. William Earl Fikes.
Q. Was that written in your presence?
A. It was sir.

240



241

Q. As to the signature on the last page?
A. Yes, sir.
Q. And as to each writing of his name by himself as it 

appears on the other pages?
A. Yes, sir.

[fol. 595] Cross Examination.

By Attorney Hall:
Q. Captain Baker, I believe you identified this paper— 

we withdraw that. You are Captain J. Wilson Baker of 
the Selma Police Department?

A. Yes, sir.
Q. You are the same Captain Baker who previously 

testified in this case and you were on the stand yesterday? 
That’s right, isn’t it?

A. Yes.
Q. And you did testify with reference to witnesses and 

certain signatures on this paper, didn’t you?
A. That’s right.
Q. This is the same paper Mr. Hare asked you about 

yesterday?
A. I imagine so. (Attorney Hall hands paper to wit­

ness.) Yes, that is the same paper we had yesterday 
evening.

Q. Now, Captain, on what date did you say this paper 
was executed, sir?

A. On a Tuesday.
Q. Do you recall the date of the month?
A. May 26.
Q. May 26?
A. Yes, May 26, 1953.
Q. And on what date, sir, was the recording, which was 

played in this Court previously, made?
A. On a Thursday. Thursday before that date.
Q. And what date was that, sir?
A. I believe it was the 21st. I am not sure.
Q. So that five days intervened between the making of 

the recording and the execution of this paper. Is that 
right, sir?

A. Yes.
16—53



242

Q. Can you explain to this Court why?
A. No reason why that I know of.
Q. After you had made the recording on Thursday, you 

decided later on that you wanted to come back and have 
this paper executed, is that right, sir?

A. That’s right. We came back on Tuesday.
Q. Between the time that the recording was made and 

the paper executed, the defendant was subject to ques­
tioning by you and other members of the Selma Police 
Department?

A. Yes, we talked to him on Saturday after that Thurs­
day.

Q. And you talked to him on Tuesday?
A. Yes, the following Tuesday.
Q. Captain Baker, who did you say typed this paper?
A. Mrs. Chambliss.
Q. Mrs. who?
A. Mrs. Chambliss. C-h-a-m-b-l-i-s-s.
Q. Will you identify Mrs. Chambliss for us, sir?
A. Mrs. Chambliss was secretary to the warden at Kilby 

Prison, Mr. Burford.
Q. And she was present during the time you were talking 

to Pikes, here (gesturing toward defendant)?
A, Oh, yes.
Q. All during the time?
A. No, not all during the time, I don’t think. She was 

[fol. 596] present during the time of this statement.
Q. The statement was allegedly made?
A. Yes.
Q. How were these statements taken, sir?
A. She took down the conversation in shorthand and then 

typed it up immediately.
Q. She typed it up in your presence and in this defend­

ant’s presence?
A. That’s right.
Q. Do you understand shorthand, sir?
A. Some.
Q. Did you understand this shorthand?
A. I didn’t look at it.
Q. Is Mrs. Chambliss present in this court room?
A. No, I don’t see her.



Q. Do you know whether or no she has been summoned 
as a witness in this cause?

A. I just don’t know.
Q. Now, sir, what was the longest single questioning 

period that you stated that this defendant went through at 
your hands before he made this alleged statement?

A. At any one time, not more than three or three-and-a- 
half hours, at the most.

Q. Captain Baker, it was reported in the newspaper 
article of the Selma Times-Journal, Sunday, May 24, 1953, 
quote: “ The Perry County negro, who was picked up on 
suspicion last Saturday night, broke down at six p. m. 
yesterday and made his complete confession to Capt. Wil­
son Baker, after a nine-hour questioning session.”  Is that 
statement correct, sir ?

A. No, that statement is not correct.
Q. This article is signed by Arthur Capell. Did you 

talk with Arthur Capell relative to the alleged confession?
A. Oh, yes.
Q. Did you give him some information with reference 

to some alleged confession, sir?
A. Oh, yes.
Q. Did you give him information as to the time that 

you talked to this defendant?
A. No, I didn’t. I don’t know whether I talked to Mr. 

Capell or Mr. Hare. He was in the office.
Q. This article purportedly quotes Captain Wilson 

Baker.
A. I was in the office and I probably talked with him 

some, and Mr. Hare some, that evening, I am just positive 
I didn’t give him any time of questioning.

Q. Did you at that time or some time previous to that 
time, play certain tape recordings back for this newspaper 
reporter, allegedly made by this defendant?

A. No, I don’t think so.
Q. Was any reference made to tape recordings at that 

time ?
A. I don’t know. We had some tape recordings and I 

don’t know whether we told him about it or not.
Q. Captain Baker, is it not true that the prosecuting

243



244

[fol. 597] witness of this cause is the daughter of the 
mayor of Selma?

A. Oh, yes, that’s true.
Q. Is it not true that the police department of the City 

of Selma was under terrific pressure?
Special Prosecutor Gayle: We object.
Attorney Hall: If your Honor please, we offer to prove 

by this man’s statement that the Police Department was 
under terrific pressure to find and apprehend the alleged 
prowler.

The Court: That’s all right, go ahead and answer that.
The Witness: Yes, we were working extensively to ap­

prehend the burglar.
Q. And you were under unusual pressure, sir?
A. Yes, we had not had anything like that before.
Q. Is it not true, sir, that you were assigned especially 

to this particular case ?
A. No, no more than any other case.
Q. Prom the time this defendant was picked up, until 

these alleged confessions had been obtained, you devoted 
most of your time to this case?

A. Yes, until I talked with him on Sunday.
Q. And every day most of your time was given to ques­

tioning this defendant?
A. No, I was other places on some of the days.
Q. He remained here Sunday and you talked with him 

Monday for several hours?
A. Yes.
Q. And Monday afternoon, sir, you took him to Kilby 

Prison ?
A. I talked to him about two hours Monday, and Mon­

day afternoon we took him to Kilby Prison.
Q. How far is Kilby Prison from the City of Selma?
A. About fifty-five miles, I think.
Q. And you made the trip by automobile?
A. Yes.
Q. And you went over there several times?
A. Oh, yes.
Q. Driving over and talking to the defendant several 

hours and driving back?



245

A. That’s right.
Q. And yon deny that yon questioned this defendant 

nine hours, as this newspaper article purports you said!
A. Sure, I deny that.
Q. Did you deny that after this was written!
A. Yes, to the reporter.
Q. Did the paper at any time correct this statement, that 

you know of!
A. I don’t know.
Q. Do you recall any correction!
A. No, I don’t recall any, but I don’t know whether they 

did or not.
Q. Did you insist that that allegation be corrected!
A. No, I knew it was not true, and there was no reason 

for me to insist.
[fol. 598] Q. Who did you say was present at the time 
this statement was made, sir! The one contained in this 
paper here!

A. The defendant; Mr. James Hare, the solicotor for 
the State of Alabama; and Mr. Henry Reese; and Mr. 
Burford, the warden of Kilby Prison; and Mrs. Chambliss 
and Lt. Ware of our Department, and myself.

Q. And who witnessed this paper, sir!
A. Lt. Ware and myself.
Q. Both of you gentlemen are members of the City of 

Selma Police Department!
A. That’s right, both members of the Police Depart­

ment.
Q. Did anyone who is not a member of the Selma Police 

Department witness this paper, sir!
A. I don’t think that they signed it, but they witnessed 

the confession.
Q. Did they sign it!
A. No.
Q. Are any of their names on there! Any names other 

than yours and Lt. Ware’s, both of the Selma Police De­
partment, on there as witnesses!

A. No, not as a witness.
Q. Is there any handwriting on there identifying any­

thing, other than yours!
A. Yes, AVilliam E. Fikes.



246

Q. With the exception of William E. Fikes, Lt. Ware 
and Captain Baker?

A. That is all.
Q. What is it? Several loose-leaf sheets?
A. That’s right.
Q. How many sheets, sir?
A. One, two, three, four, five.
Q. How many loose-leaf sheets are there, sir?
A. Five.
Q. How are they held together?
A. With a paper clip.
Q. They are not stapled?
A. No.
Q. Not bound in any way?
A. No.
Q. Will you further identify that paper, with reference 

to any caption?
A. Well, there is no caption on it.
Q. Is there the name of Mrs. Chambliss on it any place ? 
A. No—I don’t think so.
Q. Will you examine it, please, sir, and tell us whether 

or no it is there, sir?
A. (Witness examines each page) I don’t see Mrs. 

Chambliss’ name.
Q. Is there any symbol, or are there any symbols there 

which might indicate that some stenographer typed that? 
A. No, I don’t see anything.
Q. Is there anything at all to indicate who typed it?
A. Other than I know.
Q. Anything on the paper itself?
A. Nothing on the paper itself. (Witness again examines 

each sheet or page) I don’t see anything.
Q. And this is an ordinary G-em clip, sir, holding these 

[fol. 599] papers together?
A. Yes, ordinary Gem paper clip.
Q. Captain Baker, certain numbers were written on 

these pages with pen and ink. Ho you know who wrote 
those numbers?

A. Oh, yes.
Q. You do know? Who wrote them?
A. I did.



247

Q. At what time, sir?
A. Prior to the signing of the name William Earl Fikes 

on there.
Q. Is there any indication where those symbols or num­

bers are written showing at what time they were written 
and by whom?

A. No. I wrote them, I did it myself. I know my own 
writing and I remember doing it.

Q. There are no initials?
A. No.
Q. And no time indicated?
A. No.
Q. Are there any other indications on those pages as to 

the sequence?
A. No, they don’t have anything.
Q. Is there any typewritten number on there?
A. No.
Q. Is there any indication by Mrs. Chambliss indicating 

which page came first and which second and so on?
A. No, I don’t see any. The only thing I see is the se­

quence of the conversation. I remembered it, and she took 
it down and typed it.

Q. Captain Baker, do you know Mrs. Chambliss’ quali­
fications as a stenographer?

A. No, I don’t.
Q. Do you know whether or no she is acquainted with 

shorthand and that she could transcribe it accurately, sir?
A. I can’t say whether she does or not. I saw her make 

some symbols and take them to a typewriter.
Q. And whether or no she was accurately transcribing, 

you don’t know, do you, sir?
A. Not from personal knowledge, but I imagine so from 

the position she holds. All I know is the confession.
Q. As far as you know, sir, it might have been what 

this defendant or anybody else said, what she was writing 
on this paper?

A. I am sure it was what he said.
Q. But you couldn’t tell from looking at her shorthand 

symbols ?
A. I don’t know. I didn’t look at them to see. I might 

have been able to read them.



248

[fol. 600] Q. I direct your attention, sir, to this news­
paper article which I recently mentioned to you and which 
I quoted. This is a copy of the Selma Times-Journal dated 
Sunday, May 24, 1953, and I ask the witness to look at it. 
Will you observe this article here (handing paper to wit­
ness and indicating article)?

A. Yes.
Q. What is the caption?
A. “ Negro Held At Prison Confesses Rape Guilt And 

Other Raids Here” .
Q. And signed by whom?
A. Arthur Capell.
Q. Will you read this paragraph, please, sir (indicating 

on paper)?
A. “ The Perry County negro,, who was picked up on 

suspicion last Saturday night, broke down at six p.m. yes­
terday and made his complete confession to Captain Wilson 
Baker after a none-hour questioning session.”

Q. Now, you did give that information to Mr. Capell?
A. Mr. Capell was present in the office with Mr. James 

Hare, as I have told you several times, and we did give him 
a report that this defendant had made certain confessions. 
But I did not, and no one in my presence told him that we 
had a nine hour session.

Q. But it does appear here in the paper?
A. Yes, and I don’t know how it got there.
Q. And has it been retracted?
A. Not that I know of.
Q. And I believe that you testified previously that the 

defendant’s father saw him at Kilby Prison at some time?
A. The defendant told me his father came on Sunday—- 

[fol. 601] that he had talked with his father on Sunday 
prior to signing this paper.

Q. What Sunday would that have been?
A. On the 24th.

_ Q- The 24th. So, as a matter of fact, sir, if he talked to 
his father on the 24th., it was after you had told someone 
that the defendant had confessed, isn’t that true, sir?

A. Oh, yes. Yes.
Q. It was afterwards?
A. Yes,



Q. And his father was not allowed to see him prior to 
some alleged confession, isn’t that true, sir?

A. His father made no request of me to see him, and the 
defendant didn’t request to see his father.

Q. Until after he had been in custody a week?
A. That’s the only time he made a request of me to see 

him.
Attorney Hall: If your Honor, please, we don’t want to 

impose upon the Court------
(There is a slight pause in the proceedings, while the 

defense counsel consult together.)
Q. Captain Baker, are you familiar with the defendant’s 

educational attainments ?
A. No. I believe he told me how far he went in school, 

but I am not certain—I don’t remember.
Q. In your best judgment, how far did he go in school?
A. If I remember right, I believe he said he was in the 

fifth grade in school.
Q. Fifth grade, sir? Do you recall testifying previously 

as io what this defendant told you with reference to his 
education ?

A. No, I don’t remember what I testified.
Q. But you did testify previously?
A. Yes, I did testify previously.
Attorney Hall: I don’t know if this should go in—this 

is leading the witness, refreshing his recollection.
Q. Will you examine this, please sir, from here to here 

(indicating), go back— (hands witnesss transcript of pre­
vious trial of this defendant). That is your statement?

A. (Witness turns pages of said transcript) I guess so. 
According to this, I testified to the third or fourth grade 
To the best of my knowledge.

Attorney Hall: We would like for that to go in.
Q. After refreshing your recollection, you previously 

testified that he had completed the third or fourth grade?
A. I said I thought he did. The best I remember, he told 

me about the fifth grade—I don’t know what it was.
— —--'TJ." According to this statement. You say, “ He told 

me” ?

249



250

[fol. 602] A. According to that, he told me he completed 
the third or fourth grade. Or fifth, I don’t know.

Q. And that was your previous testimony with refer­
ence to his education1?

A. Yes, that’s right.
Q. And has he told you anything different since that 

time, sir?
A. Oh, I haven’t asked him anything further about it.
Q. Have you investigated further, sir, since that time?
A. No.
Q. So that at this time you have no reason to think that 

he went beyond the third or fourth grade in school?
A. Only that is the way I remembered it, that’s all.

[fol. 603] Redirect Examination.

By Solicitor Hare:

Q. Mr. Baker, with reference to these five sheets of paper 
shown to you previously and about which you have previ­
ously testified, you say there are some typing, changes and 
alterations, were those changes and alterations made before 
or after the defendant signed that statement?

A. Before he signed it.
Q. As to his educational qualifications, can he read and 

write ?
A. Oh, yes.
Q. Have you seen him read?
A. Yes, sir.
Q. Have you seen him write ?
A. Yes, sir.
Q. I ’ll ask you if those five sheets of paper, which you 

have testified to, were given to the defendant to read?
A. Yes, they were.
Q. Did he read them?
A. He did.
Q. And I ’ll further ask you, Mr. Baker, if those five 

sheets of paper were read to this defendant after he had 
read them?

A. They were.
Q. Who read them to him?
A. I did.



251

Q. Anri I ’ll ask you, Mr. Baker, when did he sign those 
papers ?

A. Immediately after he read them and I read them to 
him, then he signed them.

Q. He had an opportunity to read them?
A. Yes.
Q. And he did read them?
A. Oh, yes.
Q. And you read those five sheets of paper to him?
A. That’s right.
Q. And it was then that he signed them?
A. Yes.
Q. Who was present at that time?
A. You, Mr. Hare, and Mr. Reese and Mr. Bur ford and 

Mrs. Chambliss and Lt. Ware and myself.
Q. And that was where?
A. In the warden’s office at Kilby Prison in Montgomery, 

Alabama.
Q. I will ask you to examine the back of those sheets 

of paper, and can you tell me where that stationery came 
from?

A. Yes, sir.
Q. Where did they come from?
A. State Department of Corrections and Institutions, 

Montgomery, Alabama. J. M. McCullough, Jr., Director.
Q. Does it bear a seal or anything?
A. Bears the seal of Alabama, Great Seal.

[fol. 604] Q. And that was on each sheet of paper?
A. Yes, sir.
Q, Now, Mr. Baker, I ’ll ask you to examine each of those 

sheets of paper and see if they bear any written signature.
A. (Witness examines each page) They do.
Q. And whose signature do they bear?
A. William E. Fikes.
Q. Is he the defendant in this case ?
A. He is.
Q. And when did he write his name on each of those 

sheets of paper?
A. On that Tuesday, the 26th. of May, 1953. After they 

were typed up he read them and I read them to him, and 
he signed them.



252

Attorney Hall: We object to any voluntary statement.
The Court: Over-rule.
Solicitor Hare: He has already testified. I ’ll let the 

thing ride.
Q. Now, Mr. Baker, you said that you talked with this 

defendant on several occasions.
A. Yes, sir.
Q. On Sunday------
A. (Interrupting) Not on Sunday.
Q. On that Sunday that he was arrested?
A. Oh, yes, on the Sunday he was arrested.
Q. And on that Sunday he asked to talk to Mr. Jack 

Townsend.
A. He did.
Q. And Mr. Townsend came over here.
A. Yes, sir.
Q. And on Monday he talked to Mr. Horne, his em­

ployer?
A. Yes, sir, he did.
Q. And Monday afternoon you took him to Kilby Prison? 
A. I did.
Q. Did you talk to him at all on Tuesday?
A. No, sir.
Q. When did you next talk to him?
A. On Wednesday.
Q. Now, when did you next talk to him?
A. On Thursday.
Q. On Thursday. Now, as to this particular conversa­

tion you had with him on Saturday, that was Saturday, 
May 23rd., is that correct?

A. That’s right.
Q. And who was there when you talked with him then ?
A. Mr. James Hare, you yourself, the Circuit Solicitor. 
Q. How did you go to Montgomery that day?
A. You and I went together.
Q. Yes, sir, and approximately what time did we arrive 

at Kilby Prison?
A. Around eleven-thirty or twelve o ’clock.
Q. Did you talk to that defendant any that morning?
A. About fifteen or twenty minutes, Mr. Hare, yes, sir, 
Q. What time do they eat dinner over there?



253

A. Around eleven-thirty or twelve.
[fol. 605] Q. Did this defendant have an opportunity to 
eat his meal at the regular scheduled hour over there!

A. Yes, sir; yes, sir.
Q. And did you talk to him any after dinner!
A. Yes, sir.
Q. What time do they feed over there in the afternoon!
A. Around four o ’clock in the afternoon.
Q. Did this defendant go to eat his meal at the regular 

time over there!
A. He did, yes, sir.
Q, Did you talk to him after that?
A. Yes, sir.
Q. How long?
A. About an hour after lunch, to the best of my knowl­

edge.
Q. What time did we leave Kilby Prison that night?
A. Around 5:45 or six o ’clock.
Q. Shortly after six o ’clock?
A. Yes, sir.
Q. And did you ever make a statement or did I make a 

statement to Mr. Capell in your presence that this defend­
ant had been grilled for nine hours?

A. Not to my knowledge.
Q. Was he at any time grilled for nine hours?
A. No, sir, he was not.
Q. Now, Mr. Baker, these several conversations that you 

had with him, was there only one matter under investiga­
tion at that time?

A. No, sir.
Q. Do you know how many were?
Attorney Hall: If your Honor please, we object to any 

reference to any other investigations.
Solicitor Hare: I withdraw that.
Q. I will ask you, rather, had there been more than one 

complaint received by your department at that time?
A. Yes, sir.
Q. Were there a few complaints or numerous com­

plaints ?
A. Oh, numerous complaints.



254

Q. Mr. Baker, I will ask you to examine those sheets 
of paper (hands confession to witness), and I will ask you 
if that document is a true and correct transcription of a 
conversation had with William Earl Fikes on the occasion 
referred to?

Attorney Hall: We object to that on the grounds he
can’t testify as to whether or no that is a true and correct 
copy. His own testimony indicates that he did not take 
down the shorthand symbols.

Solicitor Hare: I withdraw that question.
Q. And I will ask you to look those documents over and 

tell me if that is a true and correct and exact transcription 
of what you read to William Earl Fikes on that occasion 
[fol. 606] that you have testified to?

A. It is.
Attorney Hall: We object to the answer, and move that, 

the answer be stricken from the record. And, your Honor 
we would like to make a motion at this time. In view of 
the fact that so many voluntary statements have been made 
made by this witness  we move this Court that the jury be 
excluded until this pupei' is proveil.'T

Attorney Hall: We reserve an exception.
Q. I will ask you to examine those documents and tell 

me if they are a true and correct and exact transcription 
of what was handed to William Earl Fikes for him to read 
on that occasion?

A. It is.
Q. And I will ask you if those documents are a true, 

correct and exact transcription of what William Earl Fikes 
signed on that occasion?

A. It is.
Solicitor Hare: May it please the Court, the State at

this time offers in evidence as State’s Exhibit No. 1, docu­
ment consisting of pages numbered one through five, bear­
ing the Alabama Great Seal on the reverse thereof and 
typewrtten contents on the face thereof, and each and every 
page thereof bearing the signature of William E. Fikes.

Attorney Hall: If your Honor please, we object to its



255

being received in evidence on the following several grounds 
—before making this objection, sir, and before the Court 
rules, we would like to examine this witness on voir dire.

Recross Examination.

By Attorney Hall:

Q. Captain, I want you to look at these documents or 
pages again. Is there any indication on any one of those 
pages as to when they were purportedly executed or writ­
ten?

A. No dates.
Q. No date at all. Sir, is there any reference to any day, 

week, month or year anywhere on those pages as to the 
date of the execution of the paper?

A. No, no. Not that I know of.
Q. So that you could not look at this paper or any one 

of these pages and tell when they were written?
A. Yes, I can look at these pages and know when they 

were written.
Q. But there is no date.
A. No, no date. No date.

[fol. 607] Q. And if you didn’t know yourself, you 
couldn’t look at the pages and tell.

A. No, I couldn’t tell.
Q. And we would like to ask you further, you testified 

that the name William E. Fikes is written on each of those
pages.

A. William E. Fikes, William E. Fikes, William E. 
Fikes, William E. Fikes, William E. Fikes. (Witness read 
above names page by page, the same name appearing on 
each page.)

Q. Take page 1, is there any witness on that signature?
A. No.
Q. Is there any indication as to when that was written in 

point of time?
A. No, no.
Q. Now, can you put it back with the other pages? Is 

that easily done?
A. Yes, sir.



256

Q. Can you look at page 2? Take it loose. Is there a 
witness to that signature?

A. No, it is not witnessed.
Q. Any indication as to who wrote it or when?
A. No indication on here.
Q. Take page 3 away, sir.
A. This is 3.
Q. Is there any indication at all when that was written, 

sir?
A. No, no date on it.
Q. Any witnesses names on there?
A. No. No.
Q. On page 4, any indication as to when that was writ­

ten?
A. No.
Q. Any witnesses names on it?
A. No, only William E. Fikes.
Q. That is who purportedly executed it?
A. That’s right.
Q. And that is the defendant, sir?
A. Yes.
Q. And he was at that time in the custody of Kilby Pri­

son at that time?
A. I guess so.
Q. On page 5, is there any indication when that was 

written?
A. No, no date.
Q. You have all of those pages aloose?
A. That’s right.
Q. And you testified that Mrs. Chambliss typed those 

pages up?
A. Yes, she did.
Q. Did she put any number or symbol on them to indi­

cate which was first and which second?
A. No, I was there and I knew.
Q. I ask you, sir, if Mrs. Chambliss put any indication 

on them?
A. No.
Q. But there is an indication as to which came first and 

which second and so forth?
A. Yes.



25?

Q. Who put them on!
A. I did.
Q. If they were not on there, sir, you couldn’t tell, could 

[fol. 608] you, unless you knew, or if there were further 
and other pages?

A. I think I could.
Q. Is there any indication on there of how this conversa­

tion started?
A. Oh, yes.
Q. Is there any statement or anything indicating that 

they are now beginning the conversation? Anything indi­
cating this was the beginning, or could it be there were 
several pages preceeding?

A. There weren’t.
Q. But is there anything on this sheet indicating that?
A. There weren’t. I know.
Q. But there could have been?
A. We didn’t make any and so there couldn’t have been.
Q. There could be several intervening sheets? They are 

not bound together permanently.
A. She typed them and I numbered them.
Q. You, yourself, numbered them?
A. Oh, yes.
Q. Now, when you testified before as to alterations, there 

are several words x-ed out in their entirety?
A. There is one, yes.
Q. And from all indications, it is a word of five letters, 

is it not, sir?
A. No, there seems to be a skip.
Q. There are five x-es?
A. Oh, yes, five x-es.
Q. And those x-es are over something?
A. Not all of them. One of them, is not over anything.
Q. Well, there may be two words, but there are five x-es?
A. I can’t tell what is under them. Yes, there are five 

x-es.
Q. And all right together?
A. That’s right.
Q. I direct your attention to page four. And on that 

page, sir, I direct your attention to here (indicating), after 
the period here, there is a word x-ed out in its entirety.

17—53



258

A. Two words.
Q. Two words?
A. Yes, I can read them under there.
Q. But they are x-ed out?
A. x-ed out, that’s right.
Q. How many x-es are there altogether at that one place, 

sir?
A. One, two, three, four, five, six, seven, eight, nine, ten, 

eleven, twelve.
Q. There is another word x-ed out in the middle of this 

sentence (indicating) ?
A. That’s right, that’s right.
Q. And three x-es are there?
A. That’s right.
Attorney Hall: If your Honor please, we nowT object

to the introduction in evidence of this alleged whatever 
it is, sir—this paper, these five separate sheets of paper 
bound together with a Gem clip—on the grounds they have 
not been properly identified, sufficient predicate has not 
[fol. 609] been laid, it has not been shown who executed 
them, and the paper does not indicate when it was executed, 
and there is no way in the world to tell whether this is the 
entire whatever it purports to be or not, sir, and that it is 
incompetent for any purpose; and on the grounds that 
whatever statements may or may not be on this particular 
paper were extorted from him under duress because of 
violence, threats of violence, incarceration in the peniten­
tiary and in the City jail, constant questioning—it has been 
indicated that some of the questioning went as long as nine 
hours—and that it serves no purpose and is illegal; and that 
it was taken from this defendant, if taken at all, in viola­
tion of all of his rights under the laws and constitution of 
the State of Alabama and under the Fourteenth Amend­
ment to the constitution of the United States, and that he 
suffered a loss of equal protection of law as guaranteed to 
him under the constitution of our State and the Fourteenth 
Amendment to the constitution of the United States of 
America.

The Court: Over-rule your objection.
Attorney Hall: We take an exception, your Honor.
The Court: It is in, and you have an exception.



(Above described five sheets of paper accepted in evi­
dence as Plaintiff’s Exhibit 1. Said Exhibit is now copied 
into this transcript and also sent to the Supreme Court 
as original evidence for its inspection.)

P l a in t if f ’s E x h ib it  1

Solicitor: Now you are William Earl Pikes?
Yes sir.
Solicitor: You are 27?
Yes sir.
Solicitor: Where were you born?
I was born in Sprott that’s in Perry County.
Solicitor: You live there most all your life?
No sir, live in Marion.
Solicitor: You were living there when you were ar­

rested?
[fol. 610] Yes, sir.

Solicitor: Now Saturday William you remember Mr. 
Baker and I talking to you on Saturday. What time did 
we start talking to you Saturday.

I don’t know exactly what time it was when you were 
talking to me about 11:00 A. M.

Solicitor: Not more than eleven before we started talk­
ing to you. Then we talked to you some Saturday after­
noon.

Yes, sir.
Solicitor: How long did we talk?
Three or four hours or longer.
Solicitor: You had supper Saturday, what time did you 

eat?
I don’t know what time I eat supper.
Solicitor: What time did you feed Mr. Burford, supper 

period?
Burford: 4:30 P. M. or 5:00 P. M.
Baker: It was about 4 :30 P.M. when you were fed. Then 

after you eat your supper we got the machine out and took 
down what you said.

Yes, sir.
Baker: That was about 5 :00 P. M. Is that right?
Yes sir.



260

Baker: Since you have been arrested William, has any­
one mistreated, beaten or threatened you?

No sir.
Baker: Were you mistreated in jail in Selma, have you 

been mistreated since you have been over here?
No sir.
Baker: Sunday some of your folks came over here and 

talked to you Sunday. Have you been mistreated over 
here?

No sir.
Baker: William has anybody promised you any thing 

since you have been over here?
No sir.
Baker: Has any body got made at you, cussed you or 

fussed at you?
No sir.
Baker: William tell me in detail, the night of the week, 

whether it was raining or not, the night you came in 
Selma from Marion, when you went into the house wherev 
the two children were. Do you remember the night of 
the week it was?

On /riday night.
Baker: Where did you leave the car, or truck?

[fol. 611] It was a truck. I left it by the Buckeye Oil Mill.
Baker: You walked up to the white residents section?
Yes sir.
Baker: Why did you pick out this particular house, 

William?
I was just walking through there and saw a light.
Baker: How’ did you get into the house?
I took a piece of wire and unfastened side screen, it was 

a window.
Baker: Where did you get the wire from?
Off of the back of house, it was a little piece of clothes 

line.
Baker: You got the wire and opened the screen window?
Yes sir.
Baker: How many holes did you make in the screen?
Two.
Baker: Two holes in the screen ?
Yes sir.



261

Baker: Did you wind the little piece of wire up?
I bent it crooked so it would unhook the screen.
Baker: Have I showed you the piece of wire since you 

were arrested?
Yes sir.
Baker: Was it the same piece of wire used in opening the 

screen ?
Yes sir.
Baker: Are there any steps on the side of the house 

near the window?
Yes sir under the window, little brick steps.
Baker: Did you have to stand on the bricks to reach 

the window?
Yes sir.
Baker: After you unfastened the screen, what happened? 
I went around and unhooked a chain latch on door. 
Baker: Did you open the door and leave it open?
No, sir, I just unfastened it.
Baker: Did you get any thing out of the kitchen ?
Yes, sir, a knife.
Baker: What kind of knife?
Butcher knife.
Baker: Regular butcher knife like you use in a kitchen. 
Yes sir.
Baker: What did you do then William ?

[fol. 612] I went on up through the kitchen into the bed 
room.

Baker: Now William the window you went into the 
house, was it a bedroom?

Yes sir.
Baker: Do ahead, what was in that room?
A little child in bed.
Baker: Did you touch or bother this child in any way? 
No sir.
Baker: After you got the knife out of the kitchen you 

went back into the bedroom where the ladj  ̂was?
Yes sir.
Baker: How many persons were in the room?
Lady and little child.
Baker: Was the child in bed with the lady?
No sir in another little bed or crib beside the bed.



262

Baker: What did yon do William ?
I made attempt to get down across the bed.
Baker: Did yon have the knife in yonr hand?
Yes sir.
Baker: What happened then ?
She woke np and pushed me off and she tussled with me 

into the living room.
Baker: Was there a light in the bedroom?
There was one on in the kitchen, yes sir there was one 

on in the bedroom.
Baker: You tussled out of the bedroom into the living 

room?
Yes sir.
Baker: That is, you were tussling with the white lady?
Yes sir.
Baker: What happened after you got to the living room 

William, tell exactly what happened.
I fell over a coffee table, stool or something.
Baker: Did the white lady fall too ?
Yes sir.
Baker: What did you say to her when you fell while 

you were down on the floor? Tell us what you said.
I told her to open her legs and give me a little.
Baker: Did you have the knife in your hands?
Yes sir.
Baker: Which hand did you have the knife in William?
Left hand.
Baker: Are you left handed William?
Yes sir.
Baker: Did you hold the knife up over her when you 

told her to spread her legs William? Just go ahead and 
tell us what happened.

I held the knife over her and she tussled it out of my 
hand and I got up and run out of the house, 
ffols. 613-616] Baker: When you got up and left William 
and run out of the house William did the white lady chase 
you?

Yes sir, part of the way.
Baker: Did she chase you as for as the kitchen?
Yes sir.
Baker: When you left the house, did you go out of the



263

same door you first unfastened when entering the house!
Yes sir.
Baker: William you wTent into this house looking for a 

white lady!
Yes sir.
Baker: You went into that house to have intercourse 

with a white lady!
Yes sir.
Baker: When you got back into the bedroom with this 

white lady, do you remember how she was dressed!
She had on pajamas.
Baker: About what time of night was that, do you re­

member !
About 11:00 P. M. or after.
Baker: William what you are telling me the lady over 

here is writing it down and you are telling the truth!
Yes sir.
Baker: How -ere you dressed that night!
I had on khaki work clothes and work shoes.
Baker: And you worked at a service station in Marion!
Yes sir.

(S.) William E. Fikes.
Witnesses: J. Wilson Baker, W. M. Ware.

[fo l. 617] M bs. D eloris S tenson , being du ly  sw orn, testi­
fied as fo llo w s :

Direct Examination.

By Solicitor Hare:
Q. What is your name!
A. Deloris Stenson.
Q. Are you married!
A. Yes, sir.
Q. You are Mrs. Deloris Stenson!
A. Yes.
Q. Where do you live!
A. 216 Alabama Avenue.
Q. How long have you lived in Selma!



264

A. Since last September.
[fols. 618-625] Q. And in March of this year, where were 
yon living!

A. On First Avenue.
Q. On First Avenue. That was in the City of Selma! 
A. Yes.
Q. And where did you live on First Avenue!
A. Eleven-ten First Ave.
Q. Eleven-ten. Where is that house located!
A. On the right side of First Avenue, right off of Broad. 
Q. Do you know where it is located with reference to 

Brown Drug Company!
A. Yes, it is UP east.
Q. It is east from Brown Drug Company!
A. Yes.
Q. On which side of the street is Brown Drug Com­

pany!
A. On the left-hand side going up Broad.
Q. And you lived on First Avenue, just off of Broad 

Street!
A. Yes.
Q. Mrs. Stenson, do you know the defendant in this 

case, William Earl Fikes!
A. Yes.
Q. When did you first have occasion to see him!
A. He was in my room.

ffols. 626-627] Mrs. Claude B ineord, being duly sworn, 
testified as follows:

Direct Examination.

By Solicitor Hare:
Q. What is your name, please!
A. Mrs. Claude Binford.
Q. Where do you live, Mrs. Binford!
A. 724 Parkman.
Q. 724 Parkman Avenue, and were you living there in 

May of this year?



265

A. That’s right.
Q. And have you lived there for sometime pass!
A. Yes, sir.
Q. And you are living there now.
A. That’s right.
Q. Mrs. Binford, I will ask you if you know the defendant 

in this case, William Earl Fikes!
A. Yes, sir.
Q. When did you first have occasion to see him?
A. May 1, about twenty minutes to eleven.

[fol. 628] Redirect Examination.

By Solicitor Hare:

Q. Mrs. Binford, you stated that you saw this defend­
ant, William Earl Fikes, in your home on May 1, 1953. 
Was that in the day time or night time?

A. Twenty minutes to eleven at night.
Q. Twenty minutes to eleven at night. And what part 

of your house did you see him in?
A. In the bathroom.
Q. How long did he stay in your house?
A. I would say about seven minutes.
Q. About seven minutes. Did he leave your house!
A. He sure did.
Q. How?
A. Out the window.
Q. What kind of window was that?
A. Very small bathroom window.
Q. And when was the next time, if any, that you saw this 

[fols. 629-630] defendant, Mrs. Binford?
A. On May 18, on Sunday afternoon.
Q. On Sunday afternoon, May 18. And where did you 

see him?
A. At the court house—I mean the City building.
Q. And where was he when you first saw him there? 
A. He was in a line of about seven or eight men.
Q. Were they whites or negroes?
A. Negroes.
Q. And did you identify him in that line-up?
A. I picked him out of the line.



2 6 6

Q. And the person you picked out of the line is this de­
fendant here, William Earl Fikes?

A. Right.
Q. And he is the same person you saw in your bath­

room on the night of May 1, 1953!
A. Yes, sir.
Solicitor Hare: That’s all.

Recross Examination.

By Attorney Hall:
Q. Mrs. Binford, when you first saw this defendant, did 

he have on a mask or anything?
A. No, he didn’t.
Q. You saw him full face?
A. Yes, I did. I saw him.

[fol. 631] W. D. B ailey , being duly sworn, testified as 
follows:

Recross Examination.

By Attorney Hall:
Q. Mr. Bailey, you were one of two police officers who 

[fol. 632] arrested this defendant, were you not, sir?
A. Yes, sir.
Q. And you recall the occasion of the arrest?
A. I do.
Q. What were the circumstances, sir?
A. Just placed him under arrest for investigation.
Q. How was it he was called to your attention, sir?
A. We had a call to this service station where he was at. 
Q. From whom?
A. Radio operator.
Q. Where were you at the time you got the call?
A. In east Selma in a police car.
Q. Cruising in east Selma, is that right?
A. Yes.
Q. And you got a call from the radio station of the



Police Department of the City of Selma. Do you recall 
what that order was at that time?

A. To see a party at Deason’s Service Station on Broad 
Street.

Q. Did it name the party, sir!
A. No, it didn’t.
Q. And you proceeded forthwith to Deason’s Service 

Station on Broad Street?
A. That’s right.
Q. When you got there, what did you find?
A. We found three white fellows and one negro—three 

or four white fellows.
Q. Where did you see the negro?
A. Sitting on the back seat of the car.
Q. And the negro was this defendant?
A. Yes, sir, that’s right.
Q. What was he doing?
A. Sitting on the back seat of the car.
Q. Who were the three white men?
A. Mr. Jake Youngblood was one, and I disremember 

the others.
Q. What did you do?
A. Dot out of the police car.
Q. What did you do then?
A. Walked to the side of the car and placed this boy 

under arrest.
Q. Why?
A. Because we had a call to pick him up.
Q. As I understood you, sir, your first answer was your 

call was to proceed to Deason’s Service Station and see 
about it. Did that mean to pick the defendant up, sir?

A. That’s right.
Q. That was what your call meant?
A. Yes.
Q. Was he breaking any law when you saw him?
A. Not at the time, no.
Q. Did you see him break any law?
A. No.
Q. Did you have any reason to believe he had broken 

any law?
A. Yes.

267



2 6 8

Q. You did have reason, sir? How!
A. From the man that told me.
Q. Who was that?
A. Mr. Jake Youngblood.
Q. What did he tell you?
A. He asked us to take him in custody.
Q. Now, Mr. Jake Youngblood was not at that time a 

[fol. 633] member of the Selma Police Department, was he! 
A. Don’t know.
Q. In your best judgment, was he?
A. I wouldn’t say.
Q. Have you ever seen him in uniform?
A. No.
Q. Have you ever seen him in the uniform of a police 

officer of the City of Selma?
A. No.
Q. How long have you been a policeman, sir?
A. Three years.
Q. Three years. Have you ever known him to be a 

policeman of the City of Selma since you have been there? 
A. No, I haven’t.
Q. So, in your best knowledge, at the time he asked you 

to pick him up he wasn’t a policeman.
A. I wouldn’t know. I wouldn’t know whether he was 

or not. He could have been a detective, so far as I know.
Q. Was he a detective, sir?
A. Not as far as I know. I don’t know.
Q. But you did pick him up at the request of this Mr. 

Jake Youngblood?
A. Yes, sir.
Q. Did you take him before a magistrate?
A. I carried him to the police station.
Q. When you got him there, what did you do?
A. We booked him.
Q. Booked him on what charge, sir?
A. On investigation.
Attorney Hall: That’s all.



269
Redirect Examination.

By Solicitor Hare:
Q. Mr. Bailey, did you have any conversation with Mr. 

Jake Youngblood at Deason’s Service Station on the occa­
sion that you arrested this defendant, in the presence and 
hearing of this defendant!

A. Yes, sir.
Q. What did Mr. Youngblood tell you!
A. He told us he had------

Attorney Hall: (Interrupting) If your Honor please, we 
object to his answering this question. It is purely hear­
say.

Mr. Youngblood is not in this Court and we have no 
opportunity to cross-examine Mr. Youngblood.

The Court: Over-rule your objection.
Attorney Hall: We take an exception, sir.
Q. What did he say!
A. He stated to us that he found the boy wandering 

around in the alley beside his house and he brought him to 
the service station.

Q. Yes, sir, and do you know what alley that is!
A. I understand it is the alley that runs between his 

house and the service station.
Q. Are there residences in that section!
A. Yes, sir.

[fols. 634-639] Q. Are they white or negro residences?
A. White.

Recross Examination.

By Attorney Hall:
Q. That is a public alley, isn’t it, sir?
A. I don’t know.
Q. Do you know it to be a private alley?
A. I don’t know.
Q. You don’t know whether it is public or private?
A. No, I don’t.



270

Q. And that alley is how far from the colored Masonic 
Building?

A. Approximately a block and a half.
Q. I see. And that alley is located where, sir? Between 

what streets?
A. Between Broad and Lauderdale.
Q. Broad and Lauderdale. And near what cross-streets, 

sir?
A. Jeff Davis.
Q. Between Broad and Lauderdale, near Jeff Davis.
A. That’s right.
Q. And Jeff Davis is how far from the colored Masonic 

Building ?
A. About a block and a half.
Q. And the closest negro is a block and a half away? 
A. About a block and a half.
Attorney Hall: That’s all.

Redirect Examination.

By Solicitor Hare:

Q. What time was it when you received the call?
A. We received the call at 12:08.
Q. Was that in the day time or night time?
A. Night time.
Q. You mean eight minutes after midnight?
A. Yes, sir.

Recross Examination.

By Attorney Hall:
Q. Was there any curfew on at that time, Mr. Bailey? 
A. Not as I know of.
Q. Was there any law of the City of Selma that anybody 

could not walk down a public alley after twelve o ’clock? 
A. I don’t know.
Q. Had you picked up several persons and held them 

for investigation, as a result of some alleged burglaries?
A. Yes, sir.



271

[ fo l. 640] T homas H. H obne, being duly sw orn, testified 
as fo llo w s :

Direct Examination.

By Attorney Hall:
Q. State your name, please, sir.
A. T. H. Horne.
Q. Where do you live?
A. Marion, Alabama.
Q. What county? Is that in the State of Alabama?
A. Yes,
Q. And in what county?
A. Perry, County.
Q. How long have you lived there, sir?
A. Since ’38.
Q. Are you a native of Perry County, sir?
A. Yeah.
Q. Have you lived in Perry County, Alabama, all of your 

life, sir?
A. No.
Q. What portion of your life?
A. Prom approximately ’30 to ’38 I lived away.
Q. Where, sir?
A. Hale County.
Q. Is that in the State of Alabama, sir?
A. That’s right.
Q. So that all of your life you have lived in the State of 

Alabama, is that right, sir?
A. That’s right.
Q. Now, what is your business, Mr. Horne?
A. Insurance.
Q. And how long have you been in the insurance busi­

ness, sir?
A. About two years.
Q. Mr. Horne, I will ask you what was your business in 

April and May of 1953, sir?
A. Service station, motor court and insurance business. 
Q. So you were operating a service station and motor 

court in addition to your insurance business in April and 
May of 1953.



A. That’s right.
Q. Where was that service station located!
A. Marion, Alabama.
Q. Marion, Alabama. Mr. Horne, do you know this 

defendant here!
A. I do.
Q. State his name, please, sir.
A. William Earl Fikes.
Q. Was he ever in your place, sir!
A. He was.

[fol. 641] Q. Has he worked for you, sir!
A. He did.
Q. Was he working for you in April and May of 1953, 

sir!
A. He was.
Q. How long had he worked for you at that time!
A. I don’t remember exactly.
Q. In your best judgment, sir.
A. Approximately two or two and a half years.
Q. I see. WTould you say that he had worked for you 

from sometime in 1951 until he was picked up by the 
Selma police!

A. That would be approximately.
Q. Approximately. But no later than 1952!
A. That’s right.
Q. During all of 1953, from January until the time he 

was picked up by the Selma police, he was in your employ!
A. He was.
Q. How long have you known this defendant, sir!
A. Since ’38.
Q. Since 1938. Do you know his general reputation in 

the community in which he lives!
A. Which------!
Q. I withdraw that. Does he live in Marion, Alabama, 

sir! Or did he live there prior to his arrest!
A. He did.
Q. And he has lived in Marion, Alabama, all of the time 

that you have known him, is that right, sir!
A. That’s right.
Q. Do you know his general reputation, sir, in the com­

munity in which he lives!



273

A. It was good.
The Court: Answer yes or no. Do you know it! Do you 

know his reputation in the community in which he resides ? 
The Witness: Yes, sir.
Q. Do you know it, sir? His general reputation in the 

community in which he resided, prior to his arrest!
A. Part of the time that I knew him he was gone.
Q. Do you know his general reputation in the community 

in which he resided prior to his arrest?
A. Yeah.
Q. Was it good or bad, sir, prior to his arrest?
A. It was good.
Q. What was the nature of his employment with you, 

sir?
A. The nature? The type work?
Q. Yes, sir. What kind of work did he do?
A. Worked in the service department.
Q. And will you explain just what that entails, sir?
A. Washing windshields, brushing out floor boards, 

washing and greasing, and general cleaning.
Q. Would you say general service station duties, sir?
A. Yes.
Q. Now, what time of day did he usually come to work, 

sir?
[fols. 642-656] A. Seven o ’clock in the morning.

Q. And what were his hours after that?
A. Normally he was there until nine or ten at night.
Q. Until nine or ten at night.
A. Until I told him he could leave.
Q. And as a general rule that would be nine or ten 

o ’clock at night?
A. That’s right.
Q. How far is Marion from Selma, sir?
A. It ’s twenty-eight miles.
Q. Sir, do you drive that distance often?
A. Quite often.
Q. And do you drive at a normal rate of speed?
A. Yeah.

18—53



274

Q. Approximately how long does it take you to drive that 
distance?

A. Thirty-five or forty minutes.
Q. Did he have any off days, sir?
A. Yes.
Q. What were they?
A. Every other Sunday.
Q. He wasn’t off any other day except Sunday, is that 

right, sir?
A. That’s right.
Q. Was this true in April and May of 1953, sir, and dur­

ing the entire course of his employment?
A. Entire course of employment.
Q. Did he from March 1, 1953, up until the time he was 

arrested have any nights off, other than Sunday?
A. No, not in working hours.
Q. Mr. Horne, do you recall whether or no this defend­

ant failed to report for work at any time in 1953, prior to 
his arrest?

A. He did not.
Q. He reported every day that he was supposed to work 

in 1953, before he was arrested?
A. That’s right.
Q. You are positive of that?
A. Positive. One exception, when he was sick. He was 

burned, scalded all over.
Q. Do you recall the approximate date? Was that in 

April or May of 1953?
A. I don’t recall the date. The doctor will give you that.
Q. But it was not in April or May, was it, sir, in your 

best judgment?
A. I can’t answer that. I don’t recall.
Q. But he wras burned and scalded all over at that time 

and under the care of the doctor?
A. He was in bed all of that time.
Q. How long was he off at that time? Do you recall, sir?
A. Approximately four days.
Q. But that was the only time he failed to report for 

work?
A. That’s right.



[fol. 657] B eady B ambukg, being duly sworn, testified as 
follows:

Direct Examination.

By Attorney Hall:

Q. Will you state your name, please, sir?
A. Brady Bamburg.
Q. Where do you live?
A. Marion.
Q. How long have you lived in Marion?
A. About twenty years.
Q. Were you living there in April and May of 1953?
A. That’s right.
Q. And what was your occupation at that time?
A. I was working at the Pan-Am filling station, general 

manager of the filling station.
Q. Which filling station was that, sir ?
A. Horne’s Pan-Am.
Q. Is that the filling station which Mr. Thomas H. Horne 

had ?
A. Yes.
Q. And Mr. Thomas H. Horne was the owner of that 

station at that time?
A. Yes.
Q. Do vou know the defendant?
A. I do.
Q. State his name, please, sir.
A. William Earl Pikes.
Q. How long have you known him, sir?
A. I knew him since about August of ’52.
Q. You were manager of the filling station at which 

William Earl Fikes was working at the time of his arrest 
in this cause?

A. That’s right.
Q. It is the same filling station operated by Mr. Horne?
A. That’s right.
Q. I believe you testified that you were the manager of 

this filling station. Tell the Court what your duties were as 
manager in April and May, 1953.

275



276

A. Either to do it, or see that it is done, the things that 
were to be done there. Catch the cars at the front and the 
ones that came there for service.

Q. To do everything, or see that it was done?
A. Yes, sir.
Q. How regularly did you work, or did you have off 

days?
A. We closed every Sunday afternoon, and didn’t have 

any off days at all.
Q. With reference to hours per day, what time did you 

go to work?
A. About eight in the morning.
Q. And how late did you stay!
A. From ten-thirty to eleven.

[fol. 658] Q. Why did you stay so late?
A. We didn’t have any certain time to close, just when 

business quit coming.
Q. You never quit early?
A. Ten-thirty was standard closing time.
Q. That is every day except Sunday?
A. Yes.
Q. And you worked every day?
A. Yes, sir.
Q. Do you recall being off any Friday in March, April or 

May, 1953?
A. No, I don’t. I work every day.
Q. With the exception of Sunday?
A. W e’re open Sunday mornings.
Q. Now, you work every night, too, of course, until clos­

ing time?
A. Yes.
Q. Would there be any nights when you wouldn’t be 

present and Mr. Horne would be there at closing time?
A. No, there wouldn’t be. If any time I got off, maybe 

in the afternoon or sometime in the morning, but I never 
did take off any time at night.

Q. Will you tell this Court and jury what hours this de­
fendant worked?

A. His time was from seven in the morning, and no cer­
tain time at night, just whenever convenient for him to



leave, but Ms hours was up at 8 :30. And lots of time he 
would stay until business quit and I left.

Q. Did he stay on more time than he left at 8 :30 ?
A. That’s right.
Q. Can you tell the Court what time he usually left!
A. During the week and the first part of the week, he 

generally left around 8:30 or nine o ’clock; and during the 
latter part of the week there was a lot of traffic and he 
stayed on later Thursday, Friday and Saturday. Thurs­
day, Friday and Saturday he stayed on until nine and ten 
o ’clock.

Attorney Hall: If the Court please, may we have a few 
minutes, sir?

The Court: We will take a ten minutes break.
(Court stands in recess a few minutes, then trial is 

resumed.)

Q. Mr. Bamburg, I believe you just testified that on the 
week-ends with reference to time worked, Willie worked 
the latest hours?

A. That’s right.
Q. Beginning on what day in the week, did you say?
A. Thursday afternoon and Friday, that’s the biggest.
Q. Friday was your heaviest day, is that right, sir?
A. That’s right, Friday and Saturday.
Q. Did he ever leave Friday or Saturday?
A. I don’t recall that he did.
Q. What would be the approximate time that he would 

leave on Frday?
[fols. 659-661] A. Generally from nine-thirty on until I 
closed. Lots of times he would stay until I closed.

Q. Generally what time did you close on week-ends?
A. It was bad on week-ends. It would be ten-thirty and 

sometimes eleven and even later.

Attorney Hall: If your Honor please, we are going to ask 
this Court to take judicial notice of the fact that April 
24, 1953, fell on Friday. The calendar shows it, sir.

The Court: Yes. The Court takes judicial knowledge 
that April 24 fell on a Friday,

277



278

[fol. 662] Cross Examination.

By Special Prosecutor Gayle:
Q. Mr. Bamburg, were you with this boy all the time? 

At night and in the day, too?
A. I was with him there at the station the hours we 

worked.
Q. After that, were you with him at night ?
A. No, sir.
Q. When he left the station, you don’t know where he 

went, do you?
A. No, sir.
Q. Do you know whether he had a truck hid out in 

another county? Of your own knowledge.
A. No, sir.
Q. Do you know yourself whether he had a truck in this 

county—in this county?
A. I do know he was not financially able to own it.
Q. Do you know what his people have?
A. I have a pretty good idea.
Q. How much money does his father have in the bank 

now?
A. I don’t know.
Q. You have no idea, do you?
A. No, sir.
Q. He could have had $5,000.00 in the bank and you 

wouldn’t know it, would you?
A. I wouldn’t know it.
Q. And yet you just stated that you knew all about his 

circumstances and his family’s circumstances. Didn’t you 
just state that to the jury?

A. I stated what I knew.
Q. And you don’t know what they had, do you?
A. No, sir.
Q. Then you don’t of your own knowledge know whether 

he owned a truck at that time, do you, sir? Of your own 
personal knowledge.

A. No, sir, I don’t know whether he did away from there 
or not.

Q. You don’t know. How long did he work there with 
you, Mr. Bamburg?



279

A. The whole time I was there. I was there from about 
August, up until the time he------

Q. (Interrupting) August of what year!
A. That would be August of ’52.
Q. From about August, 1952, until what time!
A. Until he was caught down here.
Q. When was he caught! Caught down here.
A. I don’t know the exact date.

[fol. 663] Q. But you can remember, you are positive, 
that on the first day of April he owned an automobile.

A. The reason why I knew was---- -
Q. (Interrupting) I didn’t ask you why. Are you posi­

tive or not on the first day of April!
A. I didn’t say the first day of April.
Q. How far will you go!
A. I wouldn’t say later than the tenth.
Q. And you are telling this jury on every night, Friday 

and Saturday nights, that he never left that filling station 
between the hours of nine and ten. Is that right!

A. No, sir.
Q. You are positive of that! Not a night! Were you 

there every night!
A. I was there.
Q. All right. Then when Mr. Horne was there, were 

you there with him!
A. Practically all the time. There were times he wouldn ’t 

be there.
Q. And times you wouldn’t be there!
A. Yes, sir, I was there at night.
Q. You were there every night!
A. That’s right.
Q. And for that period of time there wasn’t a single 

time he left there before nine o ’clock on a Friday or Satur­
day night!

A. I ’ll say that, yes, sir.
Q. And you looked at the clock every night when he 

left!
A. No, sir, I didn’t say I looked at the clock.
Q. Did you look at the clock!
A. I had a pretty good idea. I had a watch.
Q. Then you don’t know of your own knowledge!



280

A. When you look at your watch every few minutes, you 
generally know.

Q. Did you look at your watch every few minutes every 
night ?

A. When it was getting close to closing time, I ’d look 
every ten or fifteen minutes.

Q. You didn’t look at your watch at twenty minutes of 
nine and Willie was gone?

A. No, sir.
Q. Did he ever leave there at nine-thirty?
A. When nine-thirty come or any time after that that 

he wanted to go, it was up to him.
Q. Didn’t you testify that he could get off at eight- 

thirty?
A. That’s right, the first of the week, when business was 

slack.
Q. And you never had a slack week-end? It was always 

real busy?
A. It was pretty busy. As a rule.
Q. Did you have any—ever have any that wasn’t good?
A. We did have some that weren’t good.
Q. On March 18, 1953, what time did he leave that place?
A. I don’t remember the hour of that night.

[fol. 664] Q. Well, would you say it was nine o ’clock or' 
was it ten o ’clock?

A. I wouldn’t say it was before nine.

[fol. 665] Redirect Examination.

By Attorney Hall:
Q. Mr. Bamburg, when you say you talked to him, do 

you mean you asked him questions and told him to do some­
thing ?

A. Yes.
Q. You don’t mean that you had a conversation with 

him?
A. I don’t recall that I did.
Q. You would instruct him in some part of his job?
A. Yes.
Q. Now, what was the nature of his work at the Pan-Am 

station, sir?



281

A. Well, lie was to grease and change oil in cars, and to 
wash cars, and there was shrubbery to trim and he always 
seen after that and kept the front picked up and clean.

Q. When it came to changing oil in cars, you helped on 
that?

A. Yes, sir.
Q. The greasing, did he do that by himself!
A. Most of it, yes.
Q. You supervised him?
A. Yes.
Q. Do you recall what type of clothes Willie usually 

wore ?
Special Prosecutor Gtayle: We object to that, your 

Honor, what type of clothes he usually wore.
The Court: Sustain the objection.
Q. Mr. Bamburg, I will ask you, sir, if the attendants at 

that Pan-Am station usually wore uniforms ?
A. That’s right.
Q. Everybody who worked there wore a uniform, is that 

right ?
A. That’s right.
Q. Describe that uniform.
A. Khaki shirt and pants and khaki cap.
Q. And did it have Pan-Am written on it?
A. Yes, sir, and we had a sign on the left shoulder, 

[fols. 666-681] Q. And did you invariably wear that uni­
form every day?

A. Yes, sir.
Q. And particularly with reference to April and May 

of this year—March, April and May of 1953?
A. That’s right.
Q. Mr. Bamburg, have you ever seen William Earl Pikes 

with a pair of blue jeans on, sir?
A. No, I haven’t. I have seen him with dress pants on, 

but never blue jeans.



2 8 2

[fo l. 682] D r . W illis  E dgar L ew is , b e in g  du ly  sw orn, 
testified as fo llo w s :

Direct Examination.

By Attorney Hall:
Q. State your name, please, sir.
A. Dr. Willis Edgar Lewis.
Q. Where do you live?
A. Tuskegee, Alabama.
Q. What is your profession?
A. Psychiatrist.
Q. Are you duly licensed to practice in this state?
A. I am not.
Q. How is it then—you are now practicing?
A. I am.
Q. At what place?
A. Veteran’s Administration Hospital.
Q. That is at Tuskegee, Alabama?
A. Yes, sir.
Q- you are now a psychiatrist at the Veteran’s Ad­

ministration Hospital at Tuskegee, Alabama?
A. I am.
Q. Of what school are you a graduate ?
A. Meharry Medical College, Nashville, Tennessee.
Q. What year?
A. 1924.
Q. When were you admitted to practice as a physician? 
A-_ I was admitted to Tennessee in June or July, 1924, 

and in West Virginia in September, 1924.
Q. Had you at that time taken any post graduate studies 

of any kind?
A. Not at that time.
Q. Did you subsequent to that time do any graduate 

work ?
A. I did.
Q. Where?
A. Columbia University, New York.
Q. How long were you there?
A. About ten weeks.
Q. And where did you go from there?



283

A. Back to the Veteran’s Administration Hospital.
Q. I asked you where.
A. Tuskegee, Alabama.
Q. Did you have any further studies!
A. I have studied from time to time while practicing at the 

Veteran’s Administration Hospital, through lectures of 
[fol. 683] visiting psychiatrists and staff members.

Q. You do specialize in a particular branch of medicine 
and that is in psychiatry?

A. Yes, sir.
Q. Psychiatry has to do with what type of disease?
A. Nervous and mental disorders.
Q. How long have you specialized in nervous and mental 

disorders?
A. Since 1926.
Q. Since 1926?
A. Yes.
Q. Doctor, are you the author of any particular books 

on this subject?
A. No, I am not.
Q. Have you written any treatise or articles at all on 

this particular subject?
A. I have no published articles.
Q. But you have been in the Veteran’s Administration 

Hospital at Tuskegee, Alabama, since 1926?
A. No, I have been there since 1927, and I was in West 

Virginia thirteen months before coming there.
Q. Are you a member of the American Board of Psychia­

try?
A. I am a Diplomate of the American Board of Psy­

chiatry.
Q. What does that mean?
A. That means I am recognized by that Board to practice 

in any state in the country.
Q. Doctor, I ask you to examine this document, this 

portion of this document (indicating), and see if you find 
your signature anywhere there.

A. I do.

Attorney Hall: Now, I ask that this document be marked 
for identification.



284

(Above referred to document is marked by the court 
reporter for identification, Defendant’s Exhibit D.)

Q. Doctor, did you ever have occasion to examine the 
defendant, William Earl Dikes ?

A. Yes, sir.
Q. I will ask you to look at this (handing witness De­

fendant’s Exhibit D for identification). You did identify 
your signature on this particular document, did you not!

A. Yes, sir.
Q. I will ask you to take this document and tell me on 

what date you examined this defendant and what the 
occasion was.

A. June 19, 1953.
Q. Where was the defendant at that time?
A. At Kilby, Montgomery, Alabama.
Q. At what place?
A. Kilby Prison.
Q. Were you alone at that time, Doctor, or in the com­

pany of others?
A. I was in the company of two other certified psychia­

trists.
Q. Who were they?
A. Dr. Gordon C. Looney and Dr. Allen P. Smith.

[fol. 684] Q. Will you tel'l the Court what you found on 
examination of William Earl Fikes on that date?

A. According to our examination, he had some evidence 
of mental blocking and some retardation; he was somewhat 
flattened and inappropriate; he seemed to be wrapped in 
his own thinking; his replies were usually incomplete and 
of short sentences; it was noted his finger nails were torn 
off or eroded to the nail bed, which we felt was evidence 
of his nervous tension. It was our opinion at that time------

Solicitor Hare: (Interrupting) Now, may it please the 
Court, we object to “ It was our opinion at that time” .

Q. Just your opinion, sir.
A. It was my opinion at that time that he was suffering 

from a serious mental disorder, which I diagnosed as schi­
zophrenic reaction simple type.

Q. Will you explain to the Court and jury what you 
mean by schizophrenic reaction simple type ?



285

A. Schizophrenic reaction simple type is represented by 
a splitting of the personality of the individual, and in this 
simple type of schizophrenia there is usually a lowering of 
the emotional tone, and a flattened and inappropriate 
aspect. And what we mean by aspect is the feeling tone 
of the individual. To me, this patient did not seem to 
realize the seriousness of the situation he was in.

Q. Continue, Doctor. Are you through with your 
opinion and findings?

A. Yes.
Q. What was the date, Doctor?
A. The date of the examination was June 19, 1953.
Q. Dr. Lewis, assuming that the patient whom you ex­

amined—manifested some mental blocking, and while Ms 
speech was fairly relevant and coherent he shows psycho­
motor retardation; and assuming further, sir, that he was 
emotionally flattened and somewhat inappropriate, showing 
evidence of beginning mental deterioration, in your opinion, 
sir; and assuming further, sir, that his thought content was 
shallow and limited; and assuming further that you found 
no frank delusions or hallucinations, but his ideation was 
autistic and his thinking was dereistic and circumstantial; 
and assuming further that his replies were usually incom­
plete or with short sentences; and assuming further that 
his judgment and insight are poor, and that he was suffer­
ing from no physical complaints; would it be your opinion, 
Doctor, that this man—or would you have an opinion as 
to how long this man would have suffered from schizo­
phrenic reaction simple type?

A. Although a definite statement cannot be made as to 
the duration of his schizophrenia, judging by the degree 
of deterioration when we examined him, the duration in my 
opinion was of six months or longer.
[fol. 685] Q. So you do have an opinion, and that opinion 
is that he had been suffering from the disease of schizo­
phrenic reaction simple type for a period of six months?

A. Yes.
Q. Assuming further that all of these previous condi­

tions which I have asked you to assume were present, and 
that he had suffered from this disease for a period of six 
months on June 19, 1953, would it be your opinion that he



2 8 6

is still suffering from this disease!
A. Yes, sir.
Attorney Hall: That is all.

Cross Examination.
By Solicitor Hare:

Q. How long did you examine this defendant at the time 
that you examined him?

A. We examined him between the hours of two and four.
Q. Between the hours of two and four. And that was 

at Kilby Prison?
A. Yes, sir.
Q. And at the time he was being held under a serious 

criminal charge ?
A. Yes, sir.
Q. At the time that you examined him, did you have any 

background information or family history or personal his­
tory?

A. Only what we took from the patient.
Q. Only information which you took from the patient.
A. We talked with his father briefly.
Q. Doctor, you testified here previously, haven’t you?
A. Yes, sir.
Q. And you testified that in your opinion this defendant 

at the time that you examined him knew right from wrong, 
is that correct?

A. I don’t remember.
Q. Now, Doctor, you said that at the time you examined 

him that he was appathetic and somewhat depressed and 
only fairly cooperative, is that true?

A. Yes, sir.
Q. Now, let me ask you, is attentiveness a trait that is 

common to a schizophrenic, a sufferer from dementia prae- 
cox, simple type?

A. Aggressiveness is not a usual symptom.
Q. Is not a usual symptom. Is being cooperative a usual 

symptom of those diseases?
' A.' No.

Q. Is the performance of duty in an intelligent way, is 
that a symptom?



A. That is not a symptom. Sometimes they will cooper­
ate in the performance and sometimes they will not.

Solicitor Hare: That’s aL.

287

[fol. 686] D r . G ordon C. L ooney, being duly sworn, testi­
fied as follows:

Direct Examination.

By Attorney Hall:
Q. Will you state your name, please!
A. Gordon C. Looney.
Q. Where do you live, please!
A. Tuskegee, Alabama.
Q. What is your profession?
A. Psychiatrist.
Q. Psychiatrist. When you say that you are a psychia­

trist, Doctor, do you mean that you are a specialist in the 
practice of medicine?

A. Yes. Mental illnesses.
Q. Are you licensed to practice in this State, sir?
A. No, I am licensed to practice in the states of Missouri 

and Kansas.
Q. Licensed in Missouri and Kansas. What are you 

doing at Tuskegee, Alabama, sir?
A. Working for the Veteran’s Administration, in the 

Tuskegee Veteran’s Administration Hospital.
Q. Doctor, of what school are you a graduate?
A. Howard School of Medicine, Washington, D. C.
Q. Howard School of Medicine, Washington, D. C. What 

year did you graduate, Doctor?
A. In 1932.
Q. Did you have further studies after graduation, Doc­

tor?
A. Well, I interned in the City Hospital No. 2 in St. 

Louis. From 1934 until ’41 I was connected with the 
Health Department of Springfield, Missouri, as physician 
[fol. 687] to the indigent colored people. Since ’41 I have 
been affiliated with the Veterans Hospital at Tuskegee. I



2 8 8

have done graduate work in venereal diseases in 1940 in 
Washington, D. C. And I did graduate work at New York 
University from September to December, 1948.

Q. Are you certified by a specialists board?
A. Yes, I am. I took the board examination in ’49, May 

of ’49.
Q. May of ’49. And you are now a diplomate?
A. Yes, of the American Board of Psychiatry.
Q. Is that the official board, recognized board of psy­

chiatry?
A. It is. It is.
Q. And I ’ll ask you one thing further about that board, 

sir. Unless you are certified by that board you cannot set 
yourself up as a psychiatrist, is that true?

A. Yes, that is true. At least as a recognized psychia­
trist.

Q. Doctor, have you written any books on the subject 
of psychiatry?

A. No, I haven’t.
Q. Any articles of any kind?
A. No, I haven’t.
Q. I will ask you to examine this portion of this docu­

ment which is marked Defendant’s Exhibit 4 and ask you 
if you see your name written there? (Shows witness De­
fendant’s Exhibit D for identification.)

A. I do.
Q. Is that your signature?
A. Yes, it is.
Q. Doctor, we ask you to refer to this document and tell 

us if you had occasion sometime in 1953 to examine this 
defendant, William Earl Fikes?

A. In association with Dr. Lewis and Dr. Smith I did 
examine Mr. Fikes on June 19 in Kilby Prison.

Q. Was that June 19, 1953?
A. 1953.
Q. Will you tell this Court what you found on that occa­

sion?
A. Well, when we saw Fikes, we found------
Special Prosecutor Gayle: Not what “ we”  found.
The Court: They are asking for your findings.



289
Q. What did you find, sir?
A. When I had occasion to examine Fikes on June 19, 

1953, I found him to be somewhat depressed and somewhat 
appathetic. In other words, he didn’t react emotionally to 
the situation as a normal person would have reacted. He 
told us that he was incarcerated because of incidents which 
were supposed to have occurred in March. These things 
he said he confessed under duress, under threats, and he 
told us that he had lied on himself. And we questioned 
him at length regarding his story. We asked him what 
he was doing in. the town where he was picked up, and he 
said that he had walked down to the colored section to get 
a sandwich and possibly some coffee, and was on his 
way back when he was picked up. And he told us 
[fol. 688] that someone saw him going into an alley, or 
something like that, We asked him was he guilty of the 
things he was accused of and he said no. And then we 
asked him why he confessed, and he said they threatened 
to throw him in the river or to put him in the hot seat. And 
we asked him if he knew the penalty for such crimes and 
he said no. And I asked him point-blank did he commit 
the crimes, and he said, “ No, Doctor, you know I wouldn’t 
do that.”  And I said, “ Why?”  And he said, “ Because 
I wouldn’t want my wife to know about it.”  And in my 
mind, I think that is a very inadequate answer, because 
there are other considerations that would keep one from 
committing a very serious crime, and not just not want­
ing his wife to know about it.

Solicitor Hare: May it please the Court, I think this is 
all very interesting, but I think it is incompetent testi­
mony, what was said by the defendant on that occasion. 
And the State objects to any further------

Attorney Hall: If the Court please, we would like to 
bring out from this defendant-—from this witness, that ques­
tioning the witness is one method of examination.

The Court: Go ahead.
Q. Doctor, this conversation you were having with this 

defendant was by way of examination?
A. It was part of the examination.
Q. Continue with your findings.

19—53



290

A. I asked him about how he was thought of in the 
community, and he said that everyone liked him. And I 
asked him had he ever had any trouble with anyone or 
ever been arrested for anything, and he admitted that 
once he had been arrested for helping his brother steal 
some tires, but this incident occurred after he came back 
from service. And I asked him had he ever been in 
trouble while in service and he said no. And I asked him 
about his army service record, and he made some state­
ment about being over-seas in the south Pacific a number 
of months—I don’t recall the exact number of months.

Q. Based upon that conversation and examination, what 
were your findings as to the state of this man’s mind or 
intelligence ?

A. I was of the opinion that he was an individual who 
le£ an exemplary life in the day time, and then at night 
things that were quite serious, that you wouldn’t expect 
of an individual that maintained such a good reputation 
among the people that knew him.

Q. I see, sir. Now, Doctor, does that type of mental 
disease have a name?

A. Oh, yes, that is a type of split personality. Dementia
praecox and sehizophremia.
[fol. 689] Q. I see. Did you form an opinion as to 
whether or no he had one or either of those diseases?

A. They are both the same thing. I mean synonyms of 
the same condition.

Q. And in your opinion he was suffering from the symp­
toms of schizophrenia?

A. He was suffering from schizophrenia.
Q. And now, Doctor, assuming that you did examine this 

defendant on June 19, 1953------
A. That’s correct.
Q. And assuming that after extensive examination 

with this defendant you arrived at the conclusion or had 
the opinion that he suffered from schizophrenia or de­
mentia praecox, would you have an opinion as to how long 
he had suffered from such disease?

A. Well—possibly-—it is a difficult question to answer.
Q. Did you form an opinion at that time or would you



291

have an opinion at this time as to how long he had suf­
fered from snch disease?

A. There is one way that you might form an opinion, 
and that is to go back and get the date, back when this indi­
vidual’s conduct varied from the normal, and on the basis 
of the fact that he took the tires some months previous 
to the present trouble, it might be said that his illness 
began at that time.

Q. Would you say so, sir?
A. I would, because of the fact of the way they were dis­

covered after he stole the tires. He said some of them put 
the tires on the car and took the car back to the place from 
where they took the tires. That wasn’t such a bright idea, 
I shouldn’t think.

Q. Assuming that all things are true which we first set 
out for you, sir, and assuming further that this onset of 
split personality began some four months before------

A. Well, I wouldn’t know. I don’t remember just when 
his conduct began to vary from the normal, based on the 
incident of the tires.

Q. Would you have an opinion as to whether or no that 
condition still exists at this time, sir?

A. Well, I can say this much, I can say that the condi­
tion is rarely recovered from spontaneously, unless proper 
treatment is given. I haven’t seen Mr. Fikes since the 
24th. of June.

Q. Assume further, sir, that the defendant has had no 
treatment of any type since your examination, sir, and 
assume that he has been incarcerated in Kilby Prison since 
the 19th. of June, 1953, until the present date—either at 
Kilby Prison or in the custody of the police or peace officers 
of the City of Selma and Dallas County, Alabama, would 
you have an opinion as to whether or no the condition 
which you discovered on June 19 still exists?

A. I would assume that there is a strong probability 
[fols. 690-693] that it still exists.

Cross-examination.
By Solicitor Hare:

Q. How long did you examine this defendant?
A. I talked with him for a period of two hours.



292

[fol. 694] D r . A lan  P. S m it h , Jk., being duly sworn, tes­
tified as follows:

Direct examination.

By Attorney Hall:
Q. State your name, please.
A. Dr. Alan P. Smith, Jr.
Q. Where do you live, please, sir ?
A. Veterans Hospital, Tuskegee, Alabama.
Q. What is your profession?
A. Doctor, specialist in psychiatry.
Q. When you say “ doctor” , you mean physician and 

surgeon?
A. Yes.
Q. And you are a specialist in psychiatry.
A. Yes.
Q. Where did you get your medical training? What 

school?
A. State University of Iowa.
Q. When did you graduate?
A. In 1927.
Q. Are you a licensed physician in the State of Iowa?
A. Yes, and Missouri.
Q. Doctor, are you licensed in Alabama?
A. No.
Q. Where are you working?
A. I am employed by the United States Veterans Admin­

istration, Department of Medicine and Surgery, at Tus­
kegee, Alabama.

Q. Now, Doctor, did you have any other and further 
studies, after graduating from the Iowa State Medical 
School?

A. I graduated first from Washburn Municipal Univer­
sity in Topeka, Kansas, in 1917, then I did graduate work 
in psychology and sociology at the University of Iowa, then 
I finished medicine in 1927; and I interned and had my resi­
dency at the Veterans Hospital in psychiatry, at Tuskegee, 
Alabama, and I have been—I have had post graduate work 
in New York at New York University, post graduate at



293

Belle View; and I am certified by the American Board of 
Neurology and Psychiatry, 1946.

Q. So you are a diplomate?
A. I am a diplomate of the American Board of Psychi­

atry.
Q. And that means that the American Board of Psy­

chiatry recognizes you as a specialist in psychiatry?
A. Yes. I have had other training, and I was on the staff 

of the Veterans Hospital in San Antonio, Texas, in charge 
of full ward, and I had service in the army in 1950 during 
the Korean situation, and I am a Lt. Colonel now in the 
Medical Corps and commanding officer of 3129 Hospital 
Circuit Unit at Tuskegee.

Q. Have you had other and further training Doctor?
A. Well, lectures and meetings. And I am the first 

colored member of the American Psychiatric Association, 
in 1930, and I am a member of a number of national soci­
eties : American Psychiatric Association, Medical Associa- 
[fol. 695] tion of United States Surgeons Association, and 
I am also a member of the Officers Reserve of the United 
States.

Q. Doctor, have you any published works to your credit? 
Any books or articles ?

A. I have published seventeen articles in national jour­
nals. My last article came out a month ago on the psyeho- 
atric approach to rehabilitation.

Q. What periodical carried that article, Doctor?
A. The Journal of the National Medical Association.
Q. The Journal of the National Medical Association. 

And this was published one month ago.
A. Yes, sir.
Q. Doctor, I show you this portion of this document 

marked Defendant’s Exhibit 4 for identification (showing 
witness Defendant’s Exhibit D for identification) and ask 
you to see if you find your name written there.

A. Yes.
Q. Is that your signature, Doctor?
A. Yes, it is my signature.
Q. Thank you. We ask you, Doctor, to take this portion 

of this document and answer the following question: did



294

you have occasion to examine this defendant, William Earl 
Fikes, at any time in June of this year?

A. June 19, 1953.
Q. Where did you see him?
A. At Kilby Prison, at approximately two to four p. m.
Q. On June 19, 1953.
A. Friday.
Q. Doctor, will you tell this Court what you found from 

that examination ?
A. You want the diagnosis?
Q. Diagnosis, yes.
A. The diagnosis was schizophrenic reaction simple type.
Q. Schizophrenic reaction simple type.
A. A mental disease which usually is manifested by a 

slump in personality. That is, the individual is careless in 
dress and personal appearance, and he lacks interest in life. 
He lives a dream life, so to speak. And during this dream 
life he may have what the layman calls illusions. That is, 
he has false beliefs of things that are unreal. He sees things 
not there. These symptoms don’t manifest themselves in 
all types of schizophrenia; there are about six basic types. 
And in addition, the individual’s thinking processes are 
distorted. This is one of the basic symptoms of schizo­
phrenia—we use the scientific term dereistic thinking, by 
which we mean his thinking is twisted. As an example, he 
places the events of three different types or more into one 
situation. As an example: a young man on his way to in­
duction center in 1943, on furlough in 1944 he meets a young 
[fol. 696] lady in a theatre, in 1947 or 8 his wife may have 
a baby. In talking to you he will tell you, ‘ ‘ I was on my 
way to the induction center and I went to a show, and while 
at the show my wife had a baby.”  In other words, three 
separate events at different times and places, he correlates 
into one situation.

Q. Doctor, does he do that at all times, or only when he is 
in this dream world?

A. Just when in his dream world.
Q. Doctor, assume that you did examine this defendant 

on June 19, 1953, and assume, sir, that you did find split 
personality or schizophrenia simple type, would you have



295

an opinion as to how long a person would have had this 
particular disease?
s-M. During our examination, he told me some of the events 

of his early life, and then he also told me one thing that we i 
didn’t know at first, that he was a veteran. And after re­
turning from war he mentioned situations where he became 
restless and he became a little careless in his behavior 
pattern. I remember his telling me about stealing some 
automobile tires in ’49. He was influenced by a brother, 
and the brother got the benefit of the tires which fit his car, 
and the patient—or the man—didn’t get any benefit. Then 
he told of several other events. He did this, even though 
his wife and mother advised him not to do it. He was easily 
influenced. And then later on he told of coming from home 
—I think he lived in Marion—where he was working. He 
had a good job, security and everything, and he comes to 
Selma one night—I think he said to get a hamburger sand­
wich—and while in Selma he said he parked his car on the 
wrong side of town and got picked up. And when I asked 
him what happened, he said, “ They put me in jail.”  And 
I said, “ What were you accused o f ! ”  And he said, “ I 
don’t know, but I think somebody said something about 
rape.”  And I said, “ Do you know what stealing and rape 
mean?”  And he said, “ Stealing means taking things that 
don’t belong to you. ”  And I said, ‘ ‘ Do you know what rape 
means?”  And he shook his head. And I said, “ Rape means 
having sexual relations with a woman under force.”  And 
he said, “ I wouldn’t do that, not to go home to face my ' 
mama and wife. ”  // \

Q. Now, Doctor, from that examination, were you able 
to form an opinion with reference to the duration, assum­
ing, of course, that you found this patient was suffering 
from schizophrenia?

A. In view of my experience, I naturally work with 
veterans, and we notice that so often those veterans who 
have schizophrenia, their condition usually starts after war, 
probably due to some incident or stress or strain while in 
service. And we would, in cases like that, date the situation 
as precipitated by combat service or some experience in 
service. Plus what most of our boys have, a maternal fond­
ness, they are mama boys to start off with.



296

[fol. 697] Q. Then Doctor, you place the beginning of this 
disease as at the time he was in service?

A. That’s true.
Q. And that was some several months or years previous 

to the time of your examination, is that right I
A. That’s right,
Q. Now, Doctor, assuming that yon examined the patient 

at Kilby Prison on June 19, 1953, and assuming that you 
found that patient to be suffering from schizophrenia simple 
type, and assuming further, Doctor, that you determined 
after your examination, both subjectively and objectively, 
that this disease had existed for some several months or 
possibly years, would you have an opinion as to whether or 
not it still obtains ?

A. Well, it is my opinion that this disease still obtains.
Q. Now, Doctor, assuming, sir, that a man is suffering 

from schizophrenia simple type and, as I understand you 
to explain it, that means that sometimes he has a split per­
sonality and he retreats within himself and lives within a 
dream world. Is that correct, sir!

A. That is correct.
Q. Is it possible that such a person might be told certain 

things over and over again and might eventually believe 
that he knew the things that he was told?

A. Well, occasionally these patients in their dream life, 
they imagine a lot of things------

Special Prosecutor Gayle: We object, may it please your 
Honor, to that. It is not responsive to the question.

The Court: Just answer the question.
The Witness: He said by constant repetition.

Q. Now Doctor, assuming that this patient is suffering, 
as you said, from schizophrenia simple type—this is purely 
a hypothetical question—assuming that this patient is suf­
fering from schizophrenia simple type, and that someone 
tells him over and over again of certain things, maybe a 
story, maybe a series of events, is it possible that that pa­
tient eventually believes that he knows of his own know­
ledge of those things?

A. It becomes a part of him, as we have seen in the 
Korean situation of brain washing. I mean by that, the



297

patient can be told—the individual, I wont say patient, can 
be told certain situations or events, and that constant bom­
bardment of bis personality eventually results in it becom­
ing a part of Mm.

Q. So that be believes that he himself knows of these 
events f

A. That’s right, And which are purely fan lacy and in 
reality he knew nothing about them.

Q. I believe you are familiar with case histories with 
reference to police work. Are you, or have you had any 
[fob 698] experience with that sort of thing?

A. No.
Q. I will qualify my question------
A. What do you mean ?
Q. Have you, in the course of your studies, come in con­

tact with patients suffering from that type of mental dis­
ease who frequently confess to crimes which haven’t been 
committed 1

A. One of the things he said------
Q. (Interrupting) Not this particular defendant, sir, but

other persons. Do you know of such cases?
A. Well, that does happen.
Q. Have you known of such cases?
A. We had one young man at our Veterans Hospital who 

believed that while on------

Solicitor Hare: Now, may it please the Court, we object 
to these extraneous illustrations like that.

Q. Just answer the question yes or no.
A. I have.
Q. Assume, now, Doctor, that a patient—or not a patient 

—assume that a subject was suffering from schizophrenia 
simple type, and on a certain date—assume that date was 
May 21—or May 24, 1953, and on that date this subject was 
incarcerated in the State prison, and that he had been 
questioned over and over again by officials of the State, and 
that during the questioning he had neither counsel present 
or friends or members of his family, and that he was told 
over and over again about certain events or certain crimes 
that had been committed------



298

Special Prosecutor G-ayle: Now may it please the Court, 
I am going to object to this entire line of questioning un­
less this is purely a hypothetical question, and on that basis.

The Court: Is it on that basis'?
Attorney Hall: It is on that basis.
Special Prosecutor Gayle: On that basis I withdraw my 

objection, on the basis that it is a hypothetical question.
Q. Assume that that person was told over and over again 

that certain crimes had been committed and that he was 
guilty of committing them. Is it possible, Doctor, in your 
opinion, that that person might eventually believe he com­
mitted those crimes ?

A. The constant bombardment of the patient’s mind— 
after all, we are human beings, living organisms—may 
reach the point of tension and exhaustion, where the indi­
vidual in crying for relief will do anything to free himself.

Q. And assume, sir, that this patient, this subject, is suf­
fering from schizophrenia simple type, would the presence 
of that disease have any bearing over whether or not he 
finally believes that he committed those crimes?

A. It depends upon the type of personality pattern of that 
individual.
[fols. 699-701] Q. But it is possible in some types?

A. In some types, yes. And if the situation is something 
that they reject, they become hostile. In these situations 
the individual usually shrinks or accepts, because it is a 
painful situation.
[fol. 702] W illie  F ix e s  being du ly  sw orn, testified  as f o l ­
low s :

Direct examination.
By Attorney Hall:

Q. State your name, please.
A. Willie Fikes.
Q. Is that your full name?
A. Yes, sir.
Q. William Earl Fikes?
A. Yes, sir.
Q. What relationship are you to this defendant, William 

Earl Fikes?



299

A. I am Ms father.
[fol. 703] Q. Where do you live?

A. Perry County.
Q. Perry County? What do you mean when you say 

Perry County? Do you mean you live at Marion, Alabama? 
A. Marion, Alabama, yes, sir.
Q. How long have you lived there?
A. Around fifteen or twenty years.
Q. And has Willie, your son, lived there with you most 

of that time?
A. Yes, sir. Some part of the time he was off working.
Q. Now, where did you live before you moved to Marion, 

Alabama ?
A. At Sprotts, Alabama.
Q. Sprotts?
A. Yes, sir.
Q. In what county is that?
A. Perry County.
Q. Perry County. And how long have you lived there? 
A. All my life.
Q. You have lived all your life in Perry County, have you 

not?
A. Yes, sir.
Q. What kind of work do you do, Willie?
A. Well, I farm. I used to farm and do undertaker work, 

and construction work, now.
Q. Farming, undertaker work and construction work?
A. Yes, sir.
Q. What kind of undertaker work?
A. Helping direct funerals.
Q. Are you doing that type of work now?
A. No, sir, I quit about a month ago.
Q. Where were you working at that time?
A. H. C. Lee, Marion, Ala.
Q. And what other kind of work did you say?
A. Construction work now.
Q. Do you mean that you help build houses and buildings 

and that sort of thing?
A. Yes, sir.
Q. Are you a carpenter or brick-layer or what?
A. I am a helper.



300

Q. Are you doing that kind of work now?
A. Yes, sir.
Q. Are you doing it in Marion, Alabama?
A. No, sir, Jefferson County.
Q. But you still live in Marion, is that right?
A. Yes, sir.
Q. Your wife lives there?
A. Yes, sir.
Q. And you maintain your home and family at Marion.
A. Yes, sir.
Q. I show you this paper marked Defendant’s Exhibit 

C, which purports to be a commitment paper for one Hanie 
Fikes, Perry County, to the hospital for the insane at Mt. 
Vernon, Alabama, and ask you to examine it and tell me if 
you know Hanie Fikes or did you know her (handing Ex­
hibit C to witness).

A. That was my mother.
Q. Where is she now?
A. She’s dead.

[fol. 704] Q. When did she die?
A. I think—I forget the month and year. About fifteen 

years ago, ten or fifteen years ago, something like that.
Q. Where did she die?
A. Mt. Vernon.
Q. She was still in the hospital for the insane when she 

died, is that right?
A. Yes, sir, that’s right.
Q. I show you these papers, marked Defendant’s Exhibit 

A, which purports to be commitment paper of Columbus 
Oakes, committing him to the State hospital at Mt. Vernon, 
Alabama, and signed by Judge of Probate J. B. Shivers on 
the 29th. day of April, 1912, and ask you to tell me who 
Columbus Oakes was?

A. That was my uncle.
Q. Was he your mother’s brother?
A. Mother’s brother.
Q. Is he living now?
A. He is dead.
Q. He is dead. When did he die?
A. I disremembers, but he died at Mt. Vernon.



301
Q. At the time of his death he was still in the hospital 

for the insane at Mt. Vernon?
A. Yes, sir.
Q. I show you this paper marked Defendant’s Exhibit B, 

which purports to be the commitment paper for one Lum 
Oakes, signed by Probate Judge of Perry County, Irby Pope, 
purporting to show that Lum Oakes was committed to Mt. 
Vernon, to the hospital for the insane, on the 18th day of 
July, 1940. And I will ask if Lum Oakes and Columbus 
Oakes are one and the same person?

A. Yes, sir, the same person. His name was Columbus 
Oakes, but they called him Lum Oakes.

Q. I see. Now, the first commission of Lum Oakes or 
Columbus Oakes, according to Defendant’s Exhibit A, was 
on the 29th day of April, 1912. Is that what it says here 
(indicating on Exhibit A) ?

A. Yes, sir, that’s right.
Q. And he was after that time evidently released. Is that 

true?
A. That’s right.
Q. You don’t know when he was released, do you?
A. No, sir.
Q. But you know he was released, do you?
A. That’s right.
Q. And according to Defendant’s Exhibit B, Lum Oakes 

was committed—will you read that part (indicating on Ex­
hibit B) of this thing I have here? Let me read it for you. 
He was committed, according to this commission paper, on 
the 18th. day of July, 1940. Is that right?

A. Yes, sir, that’s right.
Q. And that was one and the same person as Columbus 

Oakes ?
A. Yes, sir, same person.
Q. Was he ever released from the hospital after he went 

down there in 1940?
A. One time he was, yes, sir.

[fol. 705] Q. He was released one time after 1940?
A. I don’t know whether it was after 1940, but he was 

released one time.
Q. Now that was the first time, after he went down there 

in 1912? We know he was released?



302

A. Yes, sir.
Q. But he wasn’t released after 1940, was he?
A. No, sir, he was not.
Q. And you say he is dead?
A. Yes, sir.
Q. And he died in the hospital for the insane at Mt. Ver­

non, Alabama?
A. Yes, sir.
Q. Were there any other persons in your family that to 

your knowledge were at some time declared insane?
A. Not to my knowing.
Q. Were you in Marion, Alabama, on or about April 24. 

1953?
A. I was.
Q. How far do you live from this defendant?
A. About a mile or a little better.
Q. Did you see the defendant on that night?
A. No, sir, I did not.
Q. Do you recall what night it was?
A. No, sir.
Q. You don’t know what night it was?
A. No, sir.
Q. Did he live with you?
A. He did not.
Attorney Hall: That’s all.

Cross Examination.

By Solicitor Hare:
Q. Willie, how many brothers and sisters do you have?
A. I have four. Four sisters and one brother.
Q. Now, you say your mother was sent to Mt. Vernon?
A. Yes, sir.
Q. Do you know what she was sent there for, what kind 

of disease she had?
A. No, sir, I don’t know what disease she had, but I know 

she was insane.
Q. She was insane?
A. Yes, sir, she was insane.
Q. And Columbus, your uncle, was sent down there?
A. Yes, sir.



303

Q. Do you know whether they had syphilitic paresis or 
not?

A. Beg pardon?
Q. Do you know whether they had syphilitic paresis 

or not?
Attorney Hall: If your Honor please, we object unless 

he is shown to know about syphilitic paresis. If he knows 
what syphilitic paresis is.

Solicitor Hare: Well, I am asking him wdiat type of dis­
ease they had.
[fob 706] The Court: I f he knows.

Q. Do you know?
A. No, sir, I don’t know.
Q. And you say that she wras sent down there and died 

down there, and Columbus was sent down there twice.
A. Yes, sir.
Q. Now, Willie, do you recall when your son, William 

Earl Fikes, was arrested over here?
A. Yes, sir.
Q. About when was that?
A. I don’t know the date.
Q. Do you know the month?
A. It was in May, I believe, wasn’t it?
Q. In May? When did you hear that he had been ar­

rested?
A. I heard it that Sunday night.
Q. That Sunday night. Was that the Sunday night after 

he had been arrested Saturday night or Sunday morning?
A. Yes, sir.
Q. Did you come over here and talk to him in the jail 

with Mr. Jack Townsend?
A. No, sir.
Q. Did you come over here with Mr. Horne that he 

worked for over there?
A. No, sir.
Q. Do you know whether Mr. Horne came over here to see 

him or not?
A. I don’t know, no, sir.
Q. When did you first talk to William after he was ar­

rested?
A. The first Sunday, I believe it was.



304

Q. The first Sunday after he was arrested?
A. Yes, sir.
Q. He had been arrested one week when you talked to him. 
A. No, sir, it hadn’t been a week.
Q. Not a week. It hadn’t been a full week, had it?
A. No, sir.
Q. And when did you talk to him?
A. That Sunday.
Q. That Sunday. Where did you go to talk to him?
A. Kilby.
Q. "Went to Kilby Prison?
A. Yes, sir.
Q. And you talked to him in Kilby Prison the first Sun­

day after he was arrested.
A. Yes, sir.
Solicitor Hare: That’s all.

Redirect examination.
By Attorney Hall:

Q. Now, Willie, when did you say you first talked to your 
son, William Earl Fikes, after his arrest?

A. The first Sunday I went down there.
Q. When did you say he was arrested?
A. (No answer)
Q. When did you first learn of his arrest?
A. That Sunday night after he was arrested.
Q. Do you remember the date?
A. No, I don’t remember the date.

[fol. 707] Q. When did you see him?
A. I saw him that next Sunday.
Q. Was that Sunday a week from the time you heard he 

was in jail?
A. Yes, sir.
Q. One week exactly?
A. Yes, sir, but in the meantime I went down there on 

Thursday and I did not see him.
Q. Assuming the day he was arrested was the 17th. day 

of May (indicating on large calendar held in front of wit­
ness), 1953, Sunday, then the day you saw him was Sunday 
the 24th. day of May?



305

A. Yes, sir. Sunday after he got arrested.
Q. Now, you had not seen him on the 23rd. day of May, 

had you?
A. No, sir.
Q. On the 23rd. day of May, you had not seen him?
A. No, sir. I went there Thursday, but I didn’t see him 

then.
Q. Did you see him Thursday?
A. No, sir.
Q. On Saturday, the 23rd., did you see him?
A. No, sir.
Q. And on Sunday, the 24th., you saw him.
A. Yes.
Q. I see. Do you know whether or no he had seen a 

lawyer at that time or a lawyer had seen him?
. A. I do not.

Q. Do you know whether or no a lawyer had tried to see 
him at that time ?

A. Well, I don’t know, at that time. I couldn’t say at that 
time.

Q. You couldn’t say. Do you know whether or no a 
lawyer tried to see him at any time while he was in Kilby 
Prison?

A. I heard he had.
Q. Who did you hear it from?
A. I disremember who it was, but I heard it.
Q. But you don’t know it of your own knowledge, do you?
A. No, sir, I do not.
Attorney Hall: That’s all.

Recross examination.

By Solicitor Hare:
Q. Willie, had you talked to any lawyer about going over 

there to see him?
A. No, sir, I did not.
Q. Had you authorized any lawyer to bo over there and 

talk to him ?
A. No, sir.
Q. Or to represent him?

20—53



306

A. No, sir.
Solicitor Hare: That’s all.

[fol. 708] By the Court:
Q. Willie, you were duly sworn in this case yesterday 

morning, wure you not?
A. Yes, sir.
Q. You raised your right hand and you were duly sworn? 
A. Yes, sir.
Q, As I understand it, you heard about your boy’s arrest 

on the Sunday night that he was arrested?
A. Yes, sir.
Q. Do you recall who told you that he was under arrest? 
A. No, sir, I don’t remember.
Q. And that you did visit him at Kilby Prison on the 

following Sunday.
A. Yes, sir.
Q. After he had been arrested on the preceding Sunday? 
A. Yes, sir.
Q. And you are positive of that?
A. Yes, sir.
The Court: All right. That is all, you can step down.

I b e n e  F ik es , being duly sworn, testified as follows:

Direct examination.

By Attorney Hall:
Q. State your name, please.
A. Irene Pikes.
Q. Where do you live?
A. Marion, Alabama.
Q. Are you the mother of this defendant, William Earl 

Fikes?
A. Yes, sir.
Q. How many children do you have?
A. Three.
Q. Three children?
A. Yes, sir.
0. And is this the youngest or the oldest?



307
A. The youngest.
Q. This is the youngest child.
A. Yes, sir.
Q. Have you lived in Perry County, Alabama, all of your 

life!
A. Yes, sir.
Q. All of your life.
A. Yes, sir.
Q. Did William Earl Fikes go to school in Perry County? 
A. Yes, sir.
Q. How much schooling did he have over there ?
A. About the third grade.
Q. I asked you how much schooling he had, and what was 

your answer, please?
A. Third grade.
Q. And he went to school over in Marion until he got to 

the third grade.
A. Yes, sir.
Q. Do you remember how old he was when he quit school? 

[fols. 709-723] A. No, sir, I don’t he was very young.
Q. Why did he quit?
A. Why did he quit?
Q. Yes.
A. Well he just quit. He wanted to work.
Q. How old was he at that time?
A. I guess he was about sixteen.
Q. When did he start school?
A. About eight years.
Q. He started to school when he was eight years old.
A. Yes, sir.
Q. And he quit when he was sixteen.
A. Yes, sir.
Q. And he had gotten to the third grade.
A. Yes, sir.
Attorney Hall: That’s all.

Cross-examination.
By Solicitor Hare:

Q. Irene, you say he went to school when he was eight 
years old?



308

A. I think he was about eight.
Q. And he quit when he was sixteen.
A. Yes, sir.
Q. And you say he finished the third grade.
A. Yes, sir.
Q. Now, Irene, do you know Miss Terrell Whitman, the 

probation officer up there !
A. Yes, sir, I know her.
Q. And sometime back in the summer, didn’t Miss Whit­

man come to you and talk to you about your boy, William 
Earl?

A. No, sir.
Q. She didn’t talk to you?
A. No, sir.
Q. You don’t remember talking to her at all? Do you 

know Miss Whitman?
A. Yes, sir, I know her.
Q. She didn’t talk to you at any time back, this year?
A. No, sir.
Q. You are sure of that?
A. I can’t remember she talking to me.
Q- Well, Irene, if you did talk to her, did you tell her that 

William Earl finished the sixth grade ?
A. No, sir, I didn’t.
Q. You didn’t?
A. No, sir.

Solicitor Hare : That’s all.

Redirect examination.

By Attorney Hall:
Q. Isn’t it a fact that William Earl had to quit school 

because he just couldn’t learn?
A. Yes, sir, he was always thick headed.
Q. I see. And he just couldn’t learn and they couldn’t 

get him out of that grade, so he had to quit school?
A. Yes, sir.

Attorney Hall: That’s all.



309

[fol. 724] M rs. G ladys C ham bliss , b e in g  duly sworn, testi­
fied as follows:

Direct examination.

By Solicitor Hare:
Q. What is your name!
A. Gladys Chambliss.

[fol. 725] Q. Where do you live?
A. Montgomery.
Q. Are you employed?
A. Yes.
Q. And were you employed in May of this year?
A. I was.
Q. Where were you working?
A. I was secretary to the warden of Kilby Prison, Mont­

gomery, Alabama.
Q. How long have you been acting in that capacity?
A. For the past two and a half years.
Q. Do you do stenographic office work generally?
A. I do.
Q. And how long have you been employed as a stenog­

rapher ?
A. Since 1940.
Q. Since 1940. Mrs. Chambliss, do you recall an occasion 

this year taking some testimony with reference to William 
Earl Fikes, the defendant in this case ?

A. Yes, I do.
Q. Where were you at that time?
A. I was in my office at the front of Kilby Prison.
Q. Do you remember when that was?
A. It was in May on a Tuesday.
Q. A Tuesday in May. Do you recall the day of the 

month ?
A. I believe it was the 26th.
Q. About the 26th. Now, who was present there in that 

office at that, time?
A. The warden, Mr. Burford, Captain Baker, Mr. Reese, 

yourself, and seems like there was a lieutenant or somebody 
else.

Q. And where was William Earl Fikes?



310

A. He was sitting to the left of my desk.
Q. Sitting to the left of your desk.
A. Yes, sir.
Q. While William Earl Fikes was there, or at any time 

prior to that—. First, let me ask you if a conversation was 
had with William Earl Fikes in your presence ?

A. Yes, sir.
Q. At that time and just prior to that time, did anyone in 

your presence or hearing make any threats against him to 
get him to talk?

A. They sure didn’t.
Q. Mrs. Chambliss, was any show of violence or force 

made against him to get him to talk ?
A. No, sir.
Q. Were any threats or intimidation made against him to 

get him to talk?
A. No, sir.
Q. Was he cursed or abused in any way to get him to 

talk?
A. No, sir.
Q. Were any offers of reward or hopes of reward or im­

munities held out to him to get him to talk?
A. No, sir.
Q. And he did have a conversation in your presence and 

hearing?
A. Yes, sir.
Q. And during this conversation, Mrs. Chambliss, what 

did you do?
[fol. 726] A. I took down all that William Fikes said, the 
conversation between he and Captain Baker, mostly.

Q. Yes, ma’am. And how did you take that down?
A. In shorthand.
Q. In shorthand. And what did you do with those notes 

at that time ?
A. I kept them until our fiscal year ended. Our fiscal 

year ends September 31, and the first of October I destroyed 
all of my notes in my note books.

Q. Well, at that time, what did you do with those notes?
A. I transcribed them.
Q. When did you transcribe them?
A. Well, the testimony, when he didn’t want to tell me



311

anything else and Captain Baker was going to finish it up, 
I took my notes down to the Chief Clerk’s office, and not 
having any paper I wrote on some of Ms paper, because my 
paper has “ C.P. Burford, Warden”  on it and his paper has 
the director’s name on it. And I didn’t have any carbon 
paper, so I only made one copy.

Q. Only made one copy. Now I will hand you this docu­
ment, Plaintiff’s Exhibit 1, and ask you to examine that, 
Mrs. Chambliss. (Hands Exhibit 1 to witness) How many 
pages in that document?

A. I think there’re about six. (Counts pages) Five 
pages.

Q. Five pages.
A. Yes. I had forgotten.
Q. Mrs. Chambliss, who wrote this writing on those 

sheets, the typewriting?
A. I did.
Q. You did. And you wrote that on or about May 26th., 

in Kilby Prison?
A. In the afternoon. It was getting late.
Q. About how late?
A. Oh, I think about four-thirty or five.
Q. About four-thirty or five. Now, I ’ll ask you to look 

that over, Mrs. Chambliss. Is that a true and correct tran­
scription of the conversation with William Earl Fikes, the 
defendant in this case, that you have heretofore testified to?

Attorney Hall: If your Honor please, we object to the 
witness answering that question in viewT of the fact that she 
has testified that she does not have her shorthand notes 
with her, and in view of the fact that she testified she had 
forgotten how many pages were in that document, and until 
a proper predicate is laid to show that she knows.

The Court: Over-rule the objection.
Attorney Hall: We take an exception, your Honor.
Q. You wrote that?
A. I did.
Q. I will ask you if that is a true and correct transcrip- 

[fol. 727] tion of a conversation had with William Earl 
Fikes that you have just testified to ?



312
A. Yes, that is a true and correct transcription of the 

details that William Fikes gave to me.
Q. Yes, ma’am. Mrs. Chambliss, I ’ll ask you to look this 

over, and in some parts there are words typed over or 
stricken out------

Attorney Hall: (Interrupting) If your Honor please, we 
f  would like the right to examine her voir dire.

The Court: All right. ---------“ “
Attorney Hall: If your Honor please, we would like to 

] examine her out of the presence of the jury.
The Court: Over-rule.

\  Attorney Hall: We take an exception, your Honor.

Cross-examination.

By Attorney Hall:
Q. Mrs. Chambliss, I believe you testified that you did 

take down whatever conversation that you heard on that 
Tuesday?

A. Yes, I did.
Q. In shorthand?
A. Yes.
Q. Mrs. Chambliss, do you frequently take down con­

fessions?
A. No, I do not.
Q. Was this your first experience?
A. Yes, it was.
Q. Do you know of confessions having been taken at 

Kilby Prison?
A. Not in my office.
Q. Anywhere in Kilby Prison?
A. I do not know.
Q. This was the first time you have ever taken a confes­

sion at Kilby Prison?
A. It surely was.
Q. Now, Mrs. Chambliss, is there anything, any sign or 

indication on any of these pages?
A. Yes, J. M. McCullough, Jr. Director, name is on the 

back of all stationery.
Q. What would that indicate, Mrs. Chambliss?
A. Well, it would indicate it is our stationery.



313

Q. Is there anything on the pages to indicate who
typed it?

A. No, but William signed it in my presence, and Cap­
tain Baker numbered the pages because I had not done so. 

Q. As secretary, you usually take dictation in shorthand? 
A. Yes.
Q. And you transcribe your shorthand notes into long- 

hand ?
A. Yes.
Q. And you do that on the typewriter?
A. Yes.
Q. Do you usually indicate who wrote those letters with 

some symbols?
A. No.

[fol. 728] Q. At no time? As a secretary?
A. No.
Q. And that is your usual preeedure ?
A. Yes.
Q. Mrs. Chambliss, do you recall whether or no this de­

fendant made a narrative statement in your presence?
A. I don’t understand you.
Q. Did he tell you and those who were in your presence a 

continuous story?
A. No, he didn’t.
Q. How was it done?
A. He was asked questions, and then he went into details 

about some of them.
Q. Was he questioned by one or several individuals?
A. Well, I think Captain Baker did most of the talking.
Q. And I believe you did testify that there is nothing on 

any of these pages to indicate you typed them?
A. Nothing, other than my word. He signed in my pres­

ence, whatever I put on there.
Q. Is there anything on any one of these pages to indicate 

when typed?
A. I wouldn’t think so.
Q. Is there anything on any of these pages to indicate 

when the alleged statement was made ?
The Court: Is there any date at all?
Q. Any date at all.
A. No, sir, but what was said in the conversation.



314

Q, Is there anything at all on any of these pages to in­
dicate what day or what month or what year this alleged 
conversation or statement was made!

A. You mean like writing a letter? It is not dated up at 
the top.

Q. Anywhere to indicate------
The Court: I don’t think the witness understands your 

question.
Q. What I am trying to get at is, is there any date written 

on these papers at all which would tell any person who was 
not present------

Solicitor Hare : If your Honor please, this is not voir dire 
examination, this is cross examination. I object to cross- 
examination on voir dire.

Attorney Hall: This witness is being offered to testify 
to something she wrote on these pages.

The Court : You are on voir dire now..
. . .

Attorney Hall: Do I understand that you sustain the 
objection?

The Court: In that particular question, yes.
Attorney Hall: We take an exception, sir. That’s all.

[fol. 729] Redirect examination.

By Solicitor Hare:
Q. Mrs. Chambers, as I understand it, you testified that 

you typed these pages?
A. Yes, sir.
Q. And they were typed on or about May 26------
A. (Interrupting) Yes, sir.
Q. —in the warden’s office in Kilby Prison?
A. Yes, sir, and there are a good many typographical 

errors on there and that was due to the fact that I was 
using someone else’s machine and not the one I was ac­
customed to, and I was excited, too, when I wrote it.

Q. Yes, ma’am.
A. And I apologize for that and for the things typed 

over, and everything like that.
Q. Look on page two, there is a word stricken out, or 

x-ed out. Who x-ed that out ?



315

A. I did.
Q. Now, I will ask you to look for any other typographical 

errors or changes. Who made those?
A. I did all of them. There is one in here where Captain 

Baker said “ mad”  and I wrote “ made” .
Q. When were any deletions or corrections made?
A. When I transcribed my notes.
Q. And were they made before the defendant in this case, 

William Earl Fikes, signed his name?
A. Yes, they were made before he signed.
Q. And did he sign his name to each and every one of 

these sheets of paper?
A. Yes, he did.
Q. And was it done in your presence?
A. Yes, sir, on my desk.
Q. On your desk. Mrs. Chambliss, do you know, when 

you finished the transcription, was that paper shown to 
William Earl Fikes?

A. It was read to him in the presence of all in the office 
at the time.

Q. Yes, ma’am. And did he sign it before it was read 
to him or after it was read to him?

A. He signed the paper after it was read to him.
Solicitor Hare: That is all.

Recross examination.
By Attorney Hall:

Q. Had you seen this defendant before that Tuesday?
A. Yes, I saw him when he came into Kilby Prison the 

first time.
Q. Were you present during any time when this de­

fendant was being questioned by anybody at the time he 
was brought in?

A. No, that was the only time.
Q. The only time you were present was Tuesday, May 

26th?
A. Yes, that’s right.

[fob 730] Q. So you do not know, as a matter of fact, 
whether anyone made threats against this defendant pre­
vious to that time.



316

A. Not in my presence and not in that room. And I heard 
he was a real good worker.

Attorney Hall: If the Court please, we object to that 
statement and ask that it be stricken.

The Court: Yes. That last statement is out and not for 
your consideration, gentlemen.

Q. Mrs. Chambliss, as a matter of fact, how long was the 
defendant in your presence on Tuesday, May 26th?

A. Well, from the length of the conversation and the 
time he come in, I imagine about one-thirty, and probably 
left about four-thirty------or five.

Q. And he was in your presence and you were in his pres­
ence, and in the presence of those gentlemen, during all of 
that time ?

A. No, it took awhile to transcribe those notes, so I would 
say he was in my presence about two and a half hours.

_ Q- Now, were you there when they first began questioning 
him on Tuesday?

A. Yes, I was.
Q. Was the defendant in your presence the previous 

Saturday?
A. No, he was not.

_ Q- Did you understand on Tuesday, when you first saw 
him on Tuesday that he had already confessed?

A. I don’t know whether he had or not.
Q. Did you understand that?
A. No.
Q. You had not read any newspaper account to the effect 

that he had confessed?
A. I very seldom read cases like that.
Q. And you had heard no one say that he had?
A. No, I hadn’t.
Q. Had you at that time heard a tape recording of a 

purported confession?
A. No, I hadn’t.
Q. We ask you whether or no your name was on these 

pages. Will you examine these pages, please, ma’am, for 
the record, to the effect that they are five loose pages clipped 
together by one Gem clip ? They are five ?

A. Yes, they are five.



Q. And what was holding them together when handed 
to you?

A. A Gem clip.
Q. A Gem clip and nothing else holding them together. 

Now, Mrs. Chambliss, did you make any mark on those 
pages to indicate which was first and which second, and so 
on?

A. No, I did not. Captain Baker wrote Page 1, 2 and 3, 
in the presence of all of us before William Earl Fikes 
signed it.

Q. Have you had any conversation with anyone relative 
to that alleged confession, today or any previous time ?

A. No, I have not.
[fol. 731] Q. No one has talked to you?

A. No.
Q. No one has said anything to you? The State’s attor­

neys or Mr. Gayle or Mr. Baker, at any time about that 
confession?

A. I talked to them, but they didn’t say anything about 
it.

Q. You didn’t talk to them about that confession today?
A. No.
Q. Yesterday?
A. I didn’t see them yesterday.
Q. At no time since you transcribed it and wrote it up?
A. No.
Q. Mrs. Chambliss, I will ask you to examine those five 

separate sheets of paper purporting to be the confession of 
this defendant, and tell the Court if your name is written 
on any of those pages.

A. My name is not written on any of these pages because 
I did not put it on there.

Q. I will ask you, Mrs. Chambliss, to tell this Court and 
this jury if there are any symbols or anything else to iden­
tify you as the typist?

A. There is none, because if you didn’t take my word 
that this is my typewriting I don’t think you could tell it.

Attorney Hall: If your Honor please, we object to the vol­
untary portion of the witness’ answer and move that it be 
stricken.

317



318

The Court: The voluntary portion of the answer is out 
and not for your consideration, gentlemen.

Attorney Hall: And we move you sir, at this time to 
declare a mistrial.

The Court: Over-rule your motion.
Attorney Hall: We take an exception, sir.

Q. Mrs. Chambliss, I believe you testified that you took 
that testimony down in shorthand notes in your office. Is 
that right, ma’am?

A. That’s right.
Q. And that is where the defendant was being questioned 

at that time?
A. That’s right.
Q. Do you have a separate office, or is your office in with 

Mr. Burford?
A. His office adjoins mine. Mine is larger, and you come 

through my office going to Mr. Burford’s office.
Q. And the defendant was actually in your office at that 

time?
A. That’s right.
Q. Where did you do the transcribing?
A. I went down in the chief clerk’s office.
Q. Was this defendant present at the time you tran­

scribed those notes?
A. No, he wras still in my office.
Q. Were either of the witnesses whose names are on that?
A. They were both there.

[fol. 732] Q. With you?
A. No, in my office. I was alone when I transcribed my 

notes.
Q. Neither of the witnesses were present when you tran­

scribed your notes.
A. No.
Q. Mrs. Chambliss, is there anything there to indicate 

who asked the questions of this defendant at that time?
A. Well, the two witnesses that signed the paper, Cap­

tain Baker and Solicitor Hare.
Q. Is that indicated on those sheets?
A. Yes.
Q. How is that indicated?



319

A. Would you like to read it to the jury?
The Court: Just answer his questions.
The Witness : I put Solicitor when he asked a question and 

Baker when he asked a question and Burford when he 
asked.

Q. Now, for Solicitor Hare, what did you write?
A. Wliat did I write ?
Q. Yes, what is on that paper to indicate who asked the 

question?
A. Solicitor.
Q. Just “ Solicitor” ?
A. When I took this down I didn’t know he was Solicitor 

Hare.
Q. Now, Mrs. Chambliss, please, we are trying to find 

out who examined the witness, according to that paper 
which purports to be a confession.

A. According to this paper, the solicitor and the captain 
of the police department of Selma did.

Q. And the paper only says “ Solicitor”  and “ Baker” , 
is that right?

A. That’s right.
Q. Now, immediately after each question, is it indicated 

who makes any further statement?
A. There was only one person questioned and that was 

William Earl Fikes, and I didn’t write his name on the 
transcription.

Q. There is nothing there to indicate who made those 
purported answers, is there?

A. No.
Q. There are only the names “ Solicitor”  and “ Baker” .
A. That’s right.
Q. And I asked you once before if there is any date on 

those papers.
A. There is no date on those papers at the top, as if you 

were writing a letter.
Q. Is there one at the end to show when it was signed?
A. No.
Q. Or one to show when they witnessed it?
A. No.
Q. So, Mrs. Chambliss, so far as that paper is concerned,



320

it may have been written any where, any time, any place—in 
so far as the paper is concerned?
[fol. 733] A. (No answer)

The Court: Can you answer the question, Mrs. Chambliss ? 
In so far as the paper is concerned, does it reveal any date 
or any place where it was signed?

The Witness: Nothing, only five pages, and things like 
that.

The Court: That is embodied in the questions and an­
swers.

The Witness: That’s right.
Q. In the questions and answers, Mrs. Chambliss, is any 

date of any week or any year indicated ?
A. No.
Q. So that nowhere on that paper is there a date.
A. No.

C. P. B u b f o r d , being duly sworn, testified as follows: 

Direct examination.

By Solicitor Hare:
Q. What is your name?
A. C. P. Burford.
Q. Where do you live, Mr. Burford?
A. Montgomery, Alabama.
Q. What is your business?
A. I am in prison work.
Q. Is that with the Department of Corrections and Insti­

tutions of the State of Alabama?
A. Yes, sir.
Q. Mr. Burford, back in May of this year, what was your 

particular business ?
A. I was warden at Kilby Prison.
Q. Where is your office in Kilby Prison?
A. First door on the left when you come in the front 

door of the prison.
Q. And do you have a secretary?
A. Yes, sir.



321

Q. Who was your secretary at that time?
A. Mrs. Chambliss.
Q. Mr. Burford, do you recall an occasion when this de­

fendant was in your office?
A. Yes, sir.
Q. Do you recall when that was?
A. Twenty-sixth of May, I believe, on Tuesday.

[fol. 734] Q. And where had this defendant, William Earl 
Fikes, been before he came to your office? Do you know?

A. He had been back in our segregation unit.
Q. In your segregation unit. And who was in your office 

at that time when he came in there?
A. Mrs. Chambliss was in there, and you and Mr. Baker, 

and Mr. Reese, and another fellow.
Q. And were any persons there in your office armed?
A. No, sir, we do not allow arms inside of the prison.
Q. Are the guards inside of the prison armed?
A. No, sir.
Q. At that time and at that place, was a conversation 

had in your presence with William Earl Fikes, the de­
fendant in this case?

A. Yes, sir.
Q. Now, just at that time and just prior to that conversa­

tion was any show of violence or threats or intimidation 
made against this defendant to get him to talk?

A. No, sir.
Q. Were any rewards or hopes of reward or immunity 

or promises of immunity held out to him to get him to 
talk?

A. No, sir.
Q. Were there any threats or intimidations made against 

him?
A. No.
Q. And you say that a conversation was had with him?
A. Yes, sir.
Q. While he was talking, Mr. Burford, do you know 

whether any notes were being taken of what he said?
A. Yes, sir, Mrs. Chambliss was taking notes of what 

was being said.
21—53



322

Q. Was that fact known to William Earl Fikes at that 
time?

A. Yes.
Q. And do you know what Mrs. Chambliss did with those 

notes?
A. She took them back to another office and transcribed 

them.
Q. And later on, did you see any typewritten papers in 

your office?
A. Yes, sir.
Q. I ’ll hand you State’s Exhibit No. 1, and ask you if 

you have ever seen that before.
A. Yes, sir, that looks like the ones—that is the ones that 

was brought up here.
Q. Yes, sir. And what, if anything, was done as to the 

writing on these papers, as to this defendant?
A. Well, he signed them.
Q. He signed them?
A. Yes, sir.
Q. Did he sign them in your presence?
A. Yes, sir.
Q. Were these papers at any time read to him?
A. Yes, sir.
Q. Were they read to him prior to the time he signed 

them or after he signed them?
A. Before he signed them.
Q. Before he signed them. And he signed each and every 

one of these papers in your presence?
A. Yes, sir.
Q. Do you know William Earl Fikes?
A. Yes, sir.

[fol. 735] Q. Has he been in your custody at any time?
A. Yes, sir.
Q. You were warden of Kilby Prison for most of the time 

he was in your custody?
A. Yes, sir.
Q. Mr. Burford, I will ask you if this defendant has been 

denied his meals or water or mistreated or threatened in 
any way or abused while in your custody?

A. No, sir, he has not.



323

Cross-examination.

By Attorney Hall:
Q. Mr. Burford, I believe you testified that this defend­

ant was first placed in your custody on May 18,1953, is that 
correct, sir?

A. I didn’t testify to that, and I don’t know just when 
it was.

Q. You don’t know when it was?
A. I don’t know exactly the date, but it was about that 

time.
Q. You don’t recall the dav of the week?
A. No.
Q. But it was on or about May 18, 1953?
A. Yes, sir.
Q. Do you recall why he was placed there?
A. As a safe keeper,
Q. As a safe keeper, on whose orders, sir?
A. The officials of this county.
Q. Of this county?
A. Yes. I don’t remember just who called up, whether it 

was Captain Baker or whether it was the Judge, or just who 
called up.

Q. Do you know whether he was charged with any crime 
at that time, sir ?

A. I don’t know.
Q. You don’t know whether he was a prisoner of the City 

of Selma or of Dallas County at that time, do you, sir?
A. I don’t know.
Q. Do you know Captain Baker, sir?
A. Yes, I do now. I didn’t at that time.
Q. You did not at that time?
A. No.
Q. Now, Mr. Burford, I believe you testified that William 

was placed in segregation. What does that mean ?
A. Just a place where he does not mingle with the other 

prisoners. He has a comfortable bed and all conveniences.
Q. Do you mean it is an extremely comfortable cell?
A. It is quite comfortable.
Q. Is it different from the average cell?
A. Only one bed in it and the others have more.



324

[fol. 736] Q. And the prisoners are placed together in the 
other cells !

A. That’s right.
Q. Is that what is commonly called solitary confinement!
A. No.
Q. Was he allowed to mingle with the other prisoners at 

all!
A. No.
Q. Why was he placed in that cell alone!
A. Well, that’s where we would place any safe keeper that 

comes in. He isn’t our prisoner. We don’t want him talking 
to the other prisoners. It is not punishment. We are just 
keeping him, holding him for someone else. Just a safe 
place to keep him.

Q. Now, Mr. Burford, while he was at your prison, do you 
know whether or no his father attempted to see him on one 
or several occasions!

A. I remember one day he wanted to see him and we 
allowed him to visit.

Q. Had he been there previously!
A. If he had, it hadn’t been called to my attention.
Q. Do you know whether or no any lawyer had attempted 

to see him while he was there!
A. There was one lawyer that came to see him that we 

would not let see him.
Q. When was that, sir!
A. When!
Q. Yes, sir.
A. It wrns one Saturday, but I don’t remember the date.
Q- Was that before that alleged confession!
A. Yes, I believe it was. I couldn’t say that for sure. 

But that lawyer refused to identify himself as a lawyer, and 
admitted he had not been hired on the case, and that’s the 
reason we wouldn’t admit him.

Q. Did he tell you what his name was!
A. Yes, but he wouldn’t show us any identification.
Q. Did he tell you he was a lawyer!
A. Yes.
Q. Isn’t it a fact that he was Mr. John McGee, a practic­

ing attorney of Montgomery, Alabama ?
A. Yes, sir.



325

Q. And he told yon that on that occasion?
A. Yes, sir.
Q. But you refused to let him see this defendant.
A. Yes.
Q. Why?
A. Well, there were two or three reasons. One was that 

he refused to identify himself as an attorney. | And as a 
safe keeper, he is not our prisoner, so we never f&gTlike we 
can let anyone see him without getting* an OK from the man 
who has charge of him. If a man does identify himself as 
a lawyer, we will do it, we will go that far.

Q. Now, he did identify himself orally as a lawyer?
A. Orally, yes.
Q. Had you previously met Mr. McGee?
A. No, sir.
Q. You had known of him previously?
A. That’s right.
Q. But he did tell you he was a practicing attorney with 

[fol. 737] offices in the City of Montgomery?
A. Yes, but he didn’t say where his office was.
Q. Now, Mr. Burford, did you subsequent to that time or 

previous to that time allow any lawyer to see this defend­
ant while he was in your custody?

A. I don’t remember right now—-yes, I think he had seen 
a lawyer by that time.

Q. By which time?
A. Before McGee came along, I believe he had.
Q. Which lawyer was that?
A. Some lawyer from over here. I believe two lawyers 

from over here, that had been appointed to take his case.
Q. And you think that was before Mr. McGee came over?
A. I am not positive.
Q. And you say that Mr. McGee—did he or not come 

before this alleged confession?
A. I am not sure of that.
Q. So it may have been before this confession?
A. Could have been.
Q. I will ask you, sir, if on Tuesday, May 26th., when you 

were in the company of Mr. Hare and Mr. Reese and Mrs. 
Chambliss and Lt. Ware and Captain Baker, questioning 
this defendant in your office, sir, you were aware of the fact



326

that according to newspaper reports he had already con­
fessed? You knew that?

A. Yes.
Q. Now, do you know when he is supposed to have con­

fessed, sir?
A. No.
Attorney Hall: I will ask your Honor to identify this 

newspaper.

(Court Reporter marks for identification newspaper, copy 
of the Selma Times-Journal dated Sunday morning, May 
24, 1953, as Defendant’s Exhibit E)

Q. Mr. Burford, will you examine this, please, and tell us 
what it is that is marked Defendant’s Exhibit E (handing 
newspaper, Exhibit E, to witness) ?

A. Selma Times-Journal.
Q. Is that a newspaper, sir?
A. Yes, sir.
Q. And it is the Selma Times-Journal for what date, sir?
A. Sunday morning, May 24.
Q. What year?
A. 1953.
Q, Thank you, sir. Now, how many sections does this 

paper consist of, sir?
A. Two, I think. Two.
Q. And of how many pages, sir?
A. Thirty-two pages.

! Attorney Hall: Now, if it please the Court, we are going 
to ask that this paper be placed in evidence. Not the entire 
paper, but just one article.

Solicitor Hare: We object, your Honor, on the grounds 
[fol. 738] there has been no proper predicate laid.

Attorney Hall: The Judge can take judicial knowl­
edge------•

The Court: You are just offering the article?
Attorney Hall: Yes, sir.
The Court: Over-rule.
Solicitor Hare: Now, may it please the Court, he is offer­

ing that in evidence and we have had no opportunity to 
examine it and have no knowledge of what it contains.



327

(Attorney Hall hands said newspaper to Solicitor Hare 
for his inspection)

Solicitor Hare: Is he putting it in evidence or just 
marked for identification! We object to it’s being admitted 
in evidence.

The Court: If it is not connected up, I will rule it out. 
Temporarily, it is admitted in evidence.

(Above described newspaper article temporarily accepted 
in evidence as Defendant’s Exhibit E)

D efendant ’s E x h ib it  E :

NEGRO HELD AT PRISON CONFESSES RAPE 
GUILT AND OTHER RAIDS HERE

M ajor Crimes in  W ave of T errorism S olved as P rowler 
‘ T alks  ’ to Capt . B aker

B y  Arthur Capell

A Negro rapist scare that held Selma in a grip of terror 
for the past 12 weeks apparently was ended Saturday when 
William Fikes, 27-year-old Marion service station attend­
ant, confessed at Kilby Prison that he raped the wife of an 
air force sergeant on May 18 and that he has entered a 
number of other homes here during this time.

Earlier this week the Folsom parolee had admitted to an 
attempted rape of the mayor’s daughter, and entry into 
the C. C. Binford home recently, and to one attack and 
another residence entry in Selma during August of 1948.

The Perry County Negro, who was picked up on suspicion 
last Saturday night, broke down at six p. m. yesterday and 
made his complete confession to Capt. Wilson Baker after 
a nine-hour questioning session.

Confession of Negro
Baker quoted the prisoner as saying that he raped the 

sergeant’s wife at her First Avenue residence on the night 
of March 18; that he entered the residence of Dr. Harlan 
Hollingsworth and fought with him on the night of May 
11th; and that he attempted to rape 66-year-old Mrs. Lily



Little at her home on Mechanic street the night of May 15.
Tape recordings of the confessions also revealed that 

[fol. 739] Fikes told the police captain of entering the homes 
of Tom Bearden and Mrs. Emma Godwin, both of whom 
reside on Range street, prior to the night he attacked Mrs. 
Stinson. And that during another night after he had raped 
the young white matron, he entered the home of Mrs. R. A. 
Brady on Range street.

The police captain said the Negro further admitted to 
numerous other window peeping incidents in Selma during 
trips that he made here at least once each week for the past 
three months from the nearby Perry County seat town.

These confessions cleared the police records of every 
definite entry or attempted entry made here during the 
recent prowler series.

The joint efforts of Mr. and Mrs. Jake Youngblood and a 
Parrish High senior, Roland Harris, led to the capture of 
Fikes about midnight last Saturday. He was seen prowling 
in several alleys that enter Broad Street, arousing the sus­
picion of the alert citizens who contributed to his appre­
hension.

Baker obtained his first confessions from the Negro Mon­
day afternoon. Shortly afterwards he was carried to Kilby 
for safe keeping until his trial comes up during the next 
criminal session of Circuit Court.

Since that time police investigations both here and in 
Marion have been in progress as officers worked to tie all 
loose ends in the case together.

Saturday, Baker was accompanied to Kilby by Circuit 
Solicitor James Hare, Police Lt. Willie Ware, who has also 
been active in the case; and by the sergeant and his wife, 
who confronted the prisoner during the day to aid in the 

( interrogation.
(End of Exhibit E)

Cross-examination.

By Attorney Hall, continued:
Q. Mr. Burford, now, did you testify that you had heard 

previously that this defendant had confessed?
A. Yes.



329

Q. Had you read that in a newspaper?
A, I don’t know. I don’t think so.
Q. You don’t recall whether you had read that in the 

newspaper or not.
A. No.
Q. Will you esamine this paper, this newspaper which is 

marked Defendant’s Exhibit E and which purports to be 
the Selma Times-Journal for Sunday morning, May 24, 
1953; and I direct your attention to this article on the front 
page thereof, which is a feature article carrying the by-line 
of Mr. Arthur Capell; and further direct your attention, sir, 
to a paragraph of that particular article and ask you to 
read it, sir.

Solicitor Hare: We object to that.
Attorney Hall: We didn’t ask him to read it aloud.
The Court: Read it to yourself.

(Witness silently reads specified paragraph of Exhibit E)
Q. Had you seen that previously, sir?
A. No.
Q. Did you know the facts alleged there, at the time of 

this confession?
A. Did I know what ?
Q. Did you know the facts alleged there at the time this 

alleged confession was written?
A. Yes.
Q. You knew those facts, did you?

[fols. 740-743] A. Roughly. I knew he had confessed.
Q. And you kneuT he had been questioned extensively, did 

you not, sir?
A. Yes.
Q. Were you present at all times when this defendant 

was being questioned while at Kilby Prison?
A. No. The only time I was present was when he made 

this confession that was written down.
Q. So the only time was on Tuesday, May 26 ?
A. Yes.
Q. And at that time you knew that he already had con­

fessed on Saturday, the 23rd. Is that right, sir?
A. Yes.



330

Q. And you knew that by virtue of having read it in the
paper?

A. No.
Q. But you knew it.
A. Yes.
Q. So, sir, you do not know—I withdraw that. Assuming 

that it is true that he had allegedly confessed on Saturday, 
you were not present at the time that he confessed, were 
you?

A. No.
Q. So that you do not know whether any threats or vio­

lence were used or not.
A. All I know about is that day.
Q. According to your own knowledge, and according to 

what you had been told, he had already confessed on Satur­
day, is that right?

A. Yes, that’s right.
Q. And Tuesday was the only time you were in this de­

fendant’s presence.
A. Yes, sir.
Q. Now, Mr. Burford, isn’t it true that one other person 

came into that office during the time this defendant was 
being questioned?

A. I don’t remember it.
Q. Is it not true, sir, that a colored prisoner came in there 

sometime or other?
A. No.
Q. Mr. Burford, were you present when Mrs. Chambliss 

transcribed her notes?
A. Yes.
Q. You were present?
A. Oh, not when she transcribed them. When she took 

them down I was.
Q. You wTere present when she took them down?
A. I was.
Q. Do you read shorthand, sir?
A. No, sir.
Q. Would you know whether or no a shorthand character 

according to Gregg system would be a true and correct indi­
cation of what had been said and done ?

A. No, I have no idea.



331

Q. Do you know whether either Lt. Ware or Captain 
Baker was present at the time these notes were transcribed!

A. No, sir, none of them. I don’t think any of them could 
have been where they were transcribed.

[fol. 744] Redirect examination.

By Solicitor Hare:

Q. Mr. Burford, do you permit lawyers who have not 
been retained by the prisoner or his family to solicit em­
ployment within the confines of Kilby Prison?

A. No, sir.
Q. I will ask you if this lawyer who came on that occa­

sion you testified to, did he tell you he had been retained 
by the family of this defendant?

A. Said he had not.
Q, Or by the defendant himself ?
A. Said he had not.

Recross examination.

By Attorney Hall:

Q. You testified previously in this Court with reference 
to the visit of that lawyer?
[fol. 745] A. I don’t remember.

Q. But you did testify?
A. Yes.
Q. Isn’t it true, sir, that you testified that the only ex­

planation he made was that he wanted to see him because 
he didn’t think he was guilty?

Solicitor Hare: We object, your Honor.
The Court: You can ask him as to his statement on the 

previous trial. Go ahead.
The Witness: That’s right.
Q. You did make that statement?
A. That’s right.
Q. In answer to the question asking what explanation Mr. 

McGee made, is that right, sir?
A. I believe so.



332

Q. Did you at that time make any other explanation or do 
any other testifying with reference to that question?

A. I don’t remember it.
Attorney Hall: That’s all.

Redirect examination.

By Solicitor Hare:

Q. Has the opportunity to confer with counsel ever been 
denied to this defendant?

A. No, sir.
Q. Have the previous two attorneys for William Earl 

Fikes seen him ?
A. They have.
Q. Prior to the time this statement was taken on May 26, 

had this defendant, William Earl Fikes, had an opportu­
nity to confer with his father?

A. Yes, sir.

Solicitor Hare: That is all.

Recross examination.

By Attorney Hall:
Q. On what date did the defendant’s counsel see Mm at 

Kilby Prison? Present counsel.
A. I don’t know the date.
Q. Do you remember whether it was in the month of 

September, 1953, sir?
A. I don’t think it would have been in the month of Sep­

tember, because this happened in May.
Q, That is true. Are you saying that the defendant’s 

present attorneys saw this defendant previous to Septem­
ber, 1953?

A. Oh, I don’t think so, not the present attorneys. I 
don’t know when you fellows came.
[fols. 746-795] Q. Were you present on that date?

A. I remember your coming in. I think so. They called 
from the tower and said there was two colored attorneys and 
I said send them in.



Q. Did you have a conversation with us at that time, sir, 
with reference to our authority to see our client?

A. The man at the gate said you identified yourselves as 
lawyers and convinced him.

Q. Do you know how we identified ourselves?
A. He was satisfied you were lawyers, and that was good 

enough for me.
Q. Was this man at the gate convinced Mr. McGee was 

a lawyer?
A. No.
Q. Mr. McGee told him he was a lawyer?
A. I don’t know.

f" Q. Did you see Mr. McGee yourself?
I A. I sure did.

Q. And Mr. McGee got past the gate?
A. He got past the tower and came up to see me.
Q. So he actually got inside the prison.
A. Yes, in my office.

| Q. And he talked to you with reference to seeing that 
prisoner?
1 A. That’s right.
| Q. And you did not let him see him.
I A. That’s right.
I Q. And you did not inquire into defendant’s present at­
torneys’ authority to see the prisoner?
I A. Any more than the man out there said they were 
lawyers.

Q. You yourself, did not inquire.
A. No.
Q. Made no inquiry at all.
A. No.
Q. And that was after this defendant had been indicted 

for this alleged offense?
A. I don’t know whether he was indicted. He was our 

prisoner then. When he was our prisoner we can let any­
body see him that we want to.

[fo ls . 796-802] C olloquy

The Court: Anything further, gentlemen?
Attorney Hall: No, sir.
The Court: Gentlemen of the jury, you may take the

333



334

exhibits which have been offered in evidence and retire to 
the jury room to begin your deliberations.

(The jury retires to the jury room, taking said exhibits 
with them)

(Later: Bailiff notifies the Court that the jury is ready 
to return to the court room)

The Court: Let the record show that the defendant and 
his counsel and the solicitors for the State of Alabama are 
all in court.

The Court: (Addressing audience in court room) When 
this jury comes in, I don’t want any demonstration of any 
nature or description. I don’t want any voice raised, any 
hand clapping, or any other outward demonstration made. 
If such occurs, you officers of the law will immediately 
bring forward any individuals who violate my instructions.

The Court: Bring the jury in, please.

(Jury returns to the court room and takes the jury box)
The Court: Have you gentlemen reached a verdict?
Foreman of the Jury: We have, your Honor.
The Court: Will you read it, please?
Foreman of the Jury: (Reading verdict) “ We, the jury, 

find the defendant guilty of burglary in the first degree as 
charged in the indictment, and fix his punishment at death. 
Carroll E. Jackson, Foreman.”

The Court: I would like to take this opportunity to thank 
you gentlemen for the cooperation which you have displayed. 
You have rendered the County a service for which you are 
due credit. I want everyone in the court room to remain 
seated until this jury leaves the court room.

(Jury leaves the court room, and then the 
leave)

V e r d ic t  o r  T h e  J u ry

spectators

We, the jury, find the defendant guilty of burglary in the 
first degree, as charged in the indictment, and fix his pun­
ishment at death.

Carroll E. Jackson, Foreman.



335

[ fo l. 803] I k  S uprem e  C ourt op A labama 

A ssign m en t  op E rrors

1. The Court erred ill refusing to grant defendant’s mo­
tion to quash the indictment (Motion T. 490).

2. The Court erred in refusing to grant defendant’s mo­
tion to quash venire (Motion T. 26).

3. The Court erred in refusing to order a lunacy hearing 
for defendant (Motion T. 490).

4. The Court erred in not striking the testimony of Wil­
liam D. Power’s, Jr. on defendant’s motion (Motion T. 26).

5. The Court erred in allowing the jury, over the objec­
tion of defendant, to remain in the court-room during the 
voir dire examination of the witness, J. Wilson Baker, 
Captain of the Police Department of the City of Selma. 
(Trial T. 47, 285)

6. The Court erred in refusing to declare a mistrial on 
motion of counsel for the defendant, after the witness, J. 
Wilson Baker, Captain of Police Department of Selma, tes­
tified in the presence of the jury about an alleged confes­
sion by the defendant, before a proper or sufficient predi­
cate had been laid. (Trial Tr. P. 58)

7. The Court erred in overruling defendant’s objection to 
the introduction into evidence of State’s Exhibit, purport­
ing to be a tape recording of defendant’s alleged confes­
sion. (Trial Tr. P. 58)

8. The Court erred in refusing to allow the defendant to 
take the witness stand and testify, on voir dire examination 
of Captain J. Wilson Baker as to the voluntary nature of 
the alleged confession supposedly taken on a tape recorder 
and which was played in the presence of the jury, over the 
defendant’s objections. (Trial Tr. 57)

9. The Court erred in allowing an alleged confession taken 
down on a tape recorder to be played in the presence of 
the jury, over the defendant’s objections. (Trial Tr. P. 
58)

10. The Court erred in overruling defendant’s motion 
to exclude the jury during the qualifying examination of the 
witness, J. Wilson Baker, relative to an alleged written 
confession, before the same had been offered or received 
into evidence. (Trial Tr. 79)



336

11. The Court erred in admitting into evidence an al­
leged typewritten confession, over defendant’s objection. 
(Trial Tr. 82)
[fols. 804-805] 12. The Court erred in allowing Mrs. De-
loris Stinson to testify to an alleged rape for which de­
fendant was not on trial, over the objection of counsel for 
defendant. (Trial Tr. pages 91-93)

13. The Court erred in allowing the testimony of James 
Winfred Brown to go to the jury, over defendant’s objec­
tions. (Trial Tr. pages 95, 96, 97, 98, 99)

14. The Court erred in denying defendant’s motion for a 
new trial. (Motion is attached under separate— —to the 
Supreme Court of the State of Alabama.)

15. The Court erred in refusing to give the charge re­
quested by the defendant, said charge being in writing, 
numbered 6 and reading as follows:

6. The Court charges the jury that good character 
itself is part of the evidence in this case, and if the jury 
upon a consideration of all the evidence have a reason­
able doubt growing out of any part of the evidence, the 
jury will give the defendant the benefit of such doubt 
and acquit him.

16. The Court erred in refusing to give the charge re­
quested by the defendant, said charge being in writing, 
numbered 12 and reading as follows:

12. I charge you, Gentlemen of the jury, that you 
must find defendant not guilty.

17. The Court erred in refusing to give the charge re­
quested by the defendant, said charge being in writing, 
numbered 14, and reading as follows:

14. I charge you, Gentlemen of the jury, that if you 
do not believe the evidence in the case, you cannot find 
the defendant guilty.

18. The Court erred in refusing to give the charge re­
quested, said charge being in writing, numbered 31, and 
reading as follows :

31. The Court charges the jury that under your oath 
you are bound to consider the evidence as to the char-



337

acter of the defendant along with all the other evidence 
in this case, and the character evidence alone may, in 
your sound judgment, be sufficient to genereate a rea­
sonable doubt of the defendant’s guilt of either charge 
presented in the indictment in this case, and if such 
reasonable doubt has been generated by the evidence 
after considering it all, you should give the defendant 
the benefit of that doubt and acquit the defendant.

(S.) Peter A. Hall, Orzell Billingsley, Attorneys for 
Defendant.

[fol. 806] [Pile endorsement omitted]

In S uprem e  C ourt oe A labama 

T h e  S tate of A labam a , J udicial  D epartm ent , 

S pring  T eem  1955 

2 Div. 335.

W illiam  E arl P ikes

v.

S tate of A labama 

Appeal from Dallas Circuit Court.

O pin io n—May 12, 1955
Per Curiam:

Defendant was convicted of first degree burglary with 
intent to ravish Jean Heinz RoekwTell in an apartment dwel­
ling which she occupied, and was sentenced to death.—Sec­
tion 85, Title 14, Code of 1940.

The evidence was that on Friday night about “ 10:20”  of 
April 24, 1953, Mrs. Rockwell was asleep in her bedroom. 
She had two babies, one of whom was in an adjoining bed­
room and the younger in her room. Her husband was not 
at home. When she awakened around “  10:15 ”  a negro 
man was sitting on her as she lay in bed. She knew he was

22—53



338

a negro but did not see Ms face as it was covered. She 
could not identify defendant as that person. He had a 
knife belonging* to her which he had gotten from the kitchen. 
He told her he was going to kill her. She began struggling 
[fol. 807] to get off the bed and with him holding on to her 
she managed to get into the hall (where there was a light) 
adjoining her room. She went all the way down the hall 
and into the living room in the front of her apartment. 
There he fell over a stool and fell on Mrs. Rockwell. She 
was screaming and he threatening to kill her with the knife 
at her throat, and he told her “ to straighten out” . She 
grabbed the knife and got it out of his hand. He jumped 
up and ran down the hall and out through the kitchen and 
back door. She fell up against the back door and locked it. 
It was locked when she went to bed but was open when he 
ran out of it. The kitchen was in the middle of the apart­
ment between the dining room and bedrooms. There was 
an outside entrance to the kitchen with a screen and wooden 
door. The screen to the window was also open and the 
window up. There were holes in the screen over by the 
latches, but these holes were not there before he entered 
the apartment.

The indictment properly set out the charge, and the record 
shows that the requirements of law were complied with in 
respect to it. It was signed by the solicitor and endorsed 
by the foreman of the grand jury, with the caption required 
by law, and filed in open court in Dallas County on No­
vember 12, 1953. Defendant was arraigned, pleaded not 
guilty and not guilty by reason of insanity, and was rep­
resented on arraignment and throughout the trial by at­
torneys. The court set the date of trial for December 7, 
1953, and drew a special venire as required by law. No 
question is raised in respect to such matters.

On November 19, 1953 defendant filed a motion in writ­
ing to quash the indictment, alleging in substance that he 
is a member of the negro race, a citizen of Alabama and 
of the United States; that negroes are and were systemat­
ically excluded from grand juries organized in Dallas 
County solely because of their race or color; and are dis­
criminated against in the organization of grand juries in



339

said country solely because of their race or color in that 
no members of said race, or a mere token number, are in­
cluded on the jury roll or have their names placed in the 
jury box, or if their names are so placed they are not drawn 
for service on any grand jury, or if they are drawn they 
are not listed, thereby denying to defendant due process 
[fol. 808] and equal protection of the laws guaranteed to 
him by the Constitution and laws of Alabama and the 
Fourteenth Amendment of the United States Constitution.

That no negro served on the grand jury which returned 
the aforesaid indictment against defendant in this cause; 
nor has any negro served on a Dallas County grand jury 
in modern times. That there exists a system, practice or 
custom in drawing or organizing grand juries to serve in 
Dallas County designed to totally exclude negroes from 
service on such grand juries, or to discriminate against 
them solely on account of their race or color contrary to the 
Constitution and the laws qf Alabama and the Fourteenth 
Amendment to the Constitution of the United States.

That when the indictment was returned the census of the 
United States showed that the male population of Dallas 
County over the age of twenty-one numbered 13,996, of 
which 6040 were whites, and that the negroes over twenty- 
one years number 7,956. That a great majority of said 
negro males are native born citizens of Dallas County, 
householder and freeholders, generally reputed to be hon­
est and intelligent men, esteemed in the community for 
their integrity and good character and are not habitual 
drunkards nor afflicted with disease or physical weakness 
such as would disqualify them to discharge the duties of 
grand jurors, and otherwise possess all of the qualifications 
and none of the disqualifications set out in the Constitution 
and laws of Alabama and of the United States which gov­
ern the situation and service of grand jurors: yet the jury 
commission failed or refused to place on the jury roll and in 
the jury box the names of such negro male citizens of Dal­
las County, and at that time the jury roll of said county 
contained less than two percent of the names of the total 
number of negro male citizens eligible under the Constitu­
tion and laws of Alabama and of the United States for jury 
duty in said county. Those details are further elaborated.

23—53



340

The facts thus alleged were verified by the affidavit of de­
fendant.

On the same day another motion in writing was filed by 
defendant to quash the indictment, alleging that it was 
based solely upon an alleged confession of guilt which was 
extorted and illegally obtained from defendant by and 
through force and violence or threats of force and violence, 
coercion, torture and brutality by officers and detectives of 
[fob 809] the City of Selma and of Dallas County, Alabama, 
while acting in their official capacity and he was deprived 
of due process and equal protection of the law guaranteed 
by the Constitution and laws of Alabama and the Four­
teenth Amendment to the Constitution of the United 
States. That prior to the return of the indictment defend­
ant was arrested without warrant on May 16, 1953, was 
never taken before a magistrate but was held in the city 
jail of Dallas County for several days without a formal 
charge and without being permitted to confer with counsel, 
his parents or friends, and was subsequently taken to Kilby 
prison in Montgomery where he has remained until the 
present time, and where he was not allowed to confer with 
counsel, his parents or friends until he had been indicted 
in this cause and after he had been subjected to days of 
uninterrupted questioning by officers of the City of Selma 
and of Dallas County, and subjected to violence or threats 
of violence, coercion and force or threats of force, and an 
alleged confession was extorted from him, which is the 
sole basis of said indictment, and he was thereby deprived 
of Ms rights to due process and equal protection guaran- 
teeed by the Constitution and laws of Alabama and the 
Fourteenth Amendment to the Constitution of the United 
States. Defendant also moved to quash the venire or array 
drawn to try him and assigned the same ground in sub­
stance as those assigned in the first named motion to quash 
the indictment as amended supra.

It appeared from the evidence submitted on the motion 
that on June 2, 1953 this defendant has been indicted in 
several cases of a similar nature, including the one now on 
trial. That motion to quash them had been made and acted 
on October 9, 1953, resulting in their being quashed on 
substantially the grounds set up in the first motion herein



841

set forth. The evidence on the instant motion showed that 
there was a jury roll dated “ 1942 to 1951”  and another 
from “ 1951 to 1953” . The grand jury which returned the 
indictment of June 1953 was drawn from the box based on 
the roll of “ 1951 to 1953” ; although there were some cards 
in the box of persons whose names were not on the roll. The 
jury commissioners had not always been careful to put all 
the names on the jury roll; and had put some cards of 
names in the box not on the roll. On that particular jury 
roll there were shown to be eight negroes. Those indict­
ments were quashed on October 9, 1953. The jury commis- 
[fol. 810] sion went about revising the roll and refilling 
the box on about the first of October (may be the 5th). They 
made investigation from available sources, such as the city 
and telephone directories, the list of registered voters, and 
by personal inquiry and personal contact. They communi­
cated with negro leaders and others and used their own 
personal knowledge as to the fitness of persons subject to 
jury service—males over twenty-one years and not over 
sixty-five years. They were confronted with the statute, 
section 3, Title 30, as amended, pocket part Code, which 
is as follows:

“ The following persons are exempt from jury duty, 
unless by their own consent: judges of the several 
courts; attorneys at law during the time they practice 
their profession; officers of the United States; officers 
of the executive department of the state government; 
sheriffs and their deputies; clerks of the courts and 
county commissioners; regularly licensed and practic­
ing physicians; dentists; pharmacists; optometrists; 
teachers while actually engaged in teaching; actuaries 
while actually engaged in their profession; officers and 
regularly licensed engineers of any boat plying the 
waters of this state; passenger bus driver-operators, 
and driver-operators of motor-vehicles hauling freight 
for hire under the supervision of the Alabama public 
service commission; railroad engineers, locomotive fire­
men, conductors, train dispatchers, bus dispatchers, 
railroad station agents, and telegraph operators when 
actually in sole charge of an office; newspaper report­
ers while engaged in the discharge of their duties as



342

such; regularly licensed embalmers while actually en­
gaged in their profession; radio broadcasting engineers 
and announcers when engaged in the regular per­
formance of their duties; the superintendents, physi­
cians and all regular employees of the Bryce hospital 
in Tuscaloosa county and the Searcy hospital in Mobile 
county; officers and enlisted men of the national guard 
and naval militia of Alabama, during their term of 
service; and convict and prison guards while engaged 
in the discharge of their duties as such.”

The jury commission adopted a policy, not always ob­
served, not to include those who are exempted by statute. 
When a person was known to be exempt, he was usually 
left off the list. They spent some twelve or more days 
working on this new revised roll, and completed it October 
17, 1953. It is their duty under section 20, Title 30, as 
amended July 7, 1945 (pocket part Code) to meet annually 
between the first of August and the twentieth of December, 
and to make in a well bound book a roll containing the name 
of every male citizen living in the county mho possesses the 
qualifications prescribed by statute and who is not exempt 
by law from jury service. The commission is required to 
have written on plain white cards the name, occupation, 
place of residence and place of business of each person 
whose name is placed on the jury roll. Those cards are 
required to be placed in a metal box provided with a lock 
and two keys and kept in a safe or vault in the probate 
office. One of the keys is kept by the president of the jury 
[fob 811] commission and one by a judge of the county.

Section 21, Title 30, as amended July 1, 1943 (pocket part 
Code) prescribes the qualifications of persons to be placed 
on the jury roll, as follows:

“ The jury commission shall place on the jury roll 
and in the jury box the names of all male citizens of the 
county who are generally reputed to be honest and in­
telligent men and are esteemed in the community for 
their integrity, good character and sound judgment; 
but no person must be selected who is under twenty-one 
or who is an habitual drunkard, or who being afflicted 
with a permanent disease or physical weakness is unfit



343

to discharge the duties of a juror; or cannot read 
English or who has ever been convicted of any offense 
involving moral turpitude. If a person cannot read 
English and has all the other qualifications prescribed 
herein and is a freeholder or householder his name may 
be placed on the jury roll and in the jury box. No 
person over the age of sixty-five years shall be required 
to serve on a jury or to remain on the panel of jurors 
unless be is willing to do so. ’ ’

Section 29, Title 30 authorizes the court to tax against 
the clerk of the commission or its members the cost of sum­
moning for jury service any person on the roll who does not 
possess the qualifications required by law.

Section 30, Title 30, provides the manner of drawing a 
venire for service. That is, that the judge is required to 
draw from the box without selection the cards with names 
sufficient for the purpose. He shall draw not less than fifty 
for service to supply a grand jury and petit juries for the 
week. They are summoned to court by the clerk. By 
section 38, Title 30, the judge in open court hears and acts 
on excuses. The cards with the names of those left are 
placed in a hat or box and the judge then draws out of the 
hat or box eighteen cards for those to serve on the grand 
jury. From those remaining he draws cards for the dif­
ferent panels for petit jury service.

By section 63, Title 30, in all cases charging a capital 
felony the venire must consist not only of those drawn 
for regular petit jury service for the week but an additional 
number fixed by the judge so that the venire will consist of 
not less than fifty nor more than one hundred persons. A 
list of them is furnished defendant at least one entire day 
before the day set for trial. On the day set for trial (under 
section 64, Title 30) the court must inquire into and pass 
on the qualifications of all persons who appear in court in 
response to summons for service. By section 52, Title 30, 
before the veniremen are accepted defendant may examine 
[fol.812] them as to their qualifications, interest and bias. 
And by section 55, Title 30, either party may challenge any 
such person for one of the causes there provided. By sec­
tion 65, Title 30, the number of veniremen left, from which



344

the trial jury is taken in a capital case, cannot be less than 
thirty. If less, it is recruited from the jury box. When the 
venire is finally purged and a sufficient number left, a list 
is made of them. From that list the State strikes one and 
defendant two until only twelve are left to serve as the 
trial jury. They are then sworn as such. So that every 
precaution is prescribed by law to obtain a grand jury of 
intelligent and competent men, and a petit jury to include 
also those free from bias, interest or formed opinion.

We think it would be difficult to formulate a more perfect 
method for obtaining jurymen to serve on grand and petit 
juries. The first step is to get only qualified men on the jury 
roll. That is those having the qualifications specified by 
law and not exempt. The names of all such men in the 
county should be placed on the roll and in the box every 
year. That is a very difficult and delicate job for the com­
missioners. They are appointed by the governor (except in 
some specified localities). There is no legal reason for 
quashing an indictment or venire simply because the jury 
commission did not put the name of every qualified person 
on the roll or in the jury box, in the absence of fraud (or a 
denial of constitutional rights).—Section 46, Title 30, Code • 
Bell v. Terry, 213 Ala. 160, 104 So. 336; Wimbush v. State 
237 Ala. 153 (11), 186 So. 145. The commissioners have a 
very delicate task to perform which involves sound judg­
ment and practical discretion. Generally it is not revisable 
by the courts. But they must act in good faith and not 
omit a segment of people who are qualified to serve with­
out a fair representation. And that applies to racial dif­
ferences. There are shown to be racial distinctions in 
Dallas County between the white and negro population. 
There are more negroes than whites living in the county. 
The figures set out in the motion in that respect are shown 
to be substantially correct. The commission put into the 
box and on the roll in October 1953 fifteen hundred names 

/ of which two hundred and fifty to three hundred were 
[ negroes, and from which the venire was drawn which fur- 
| nished the grand jury and petit juries here involved. There 
l was nothing on the roll or cards which indicated their race.

There had been only a small number of negroes on previous 
,^jury rolls. Probably they had beep systematically left off



345

[fol. 813] such rolls on aeount of race. Very few negroes 
were ever drawn on a venire. When one did appear he was 
either excused at his request or stricken by a party to the 
cause in selecting the trial jury. This was recognized by the 
court in quashing the indictments returned June 2, 1953.
It appears that most of the criminal cases in the county 
have been against negroes—said to be ninety percent of 
them; and invariably negro jurymen were stricken by. 
defendants on trial for that reason alone. This they had 
a right to do. Negroes never sat on a grand jury nor tried 
a case on a petit jury. There were seven persons known to . 
be negroes on the venire from which the grand jury was j 
drawn which returned the instant indictment, and twelve ; 
on the venire from which the petit juries were organized 
for December 7th for the trial of defendant in this ease. 
The majority of the negroes are shown to be tenant farmers. 
Some own their land. Some of them who are otherwise 
qualified are professional men, such as dentists, doctors, 
school teachers, embalmers and druggists, all of whom are 
exempt. The most intelligent and competent as a rule 
are exempt. The evidence showTs that a large majority of 
the negroes are ignorant, with little or no education and 
low moral character, and there is much venereal disease 
among them and a large percentage of illegitimacy.

The evidence does not show that some negroes as well as 
whites who were competent to serve and not exempt were 
not put on the roll. It may be negroes were systematically 
omitted prior to the roll made in October 1953, but that 
was not true in making up that particular roll.

The indictment and trial here involved are controlled by 
the roll then made. The prior habit of the commissioners 
in respect to negroes on jury rolls can only serve to shed 
light on their conduct in making up the last jury roll. But 
that is not sufficient to overcome the direct positive evi- 
donee showing an effort in good faith to have the negro 
race fairly represented on the jury roll by negroes who are j 
qualified and not exempt after indictments have been ! 
quashed for such previous failure. It is not appropriate 
to say that they are entitled to be represented in the same 
proportion as the whites are represented unless their quali­
fications are in the same proportion. That does not appear.



346

The comparison without that is not an accurate guide for 
a determination of the question. We think the trial court 
[fol. 814] properly overruled the motion to quash the 
indictment and the motion to quash the venire for use on 
the trial of this cause because, we think, the evidence fails 
to show that the jury commission systematically omitted 
qualified and not exempt negroes from the jury roll because 
they were negroes or discriminated against them on that 
account, and thereby deprived defendant of due process 
or the equal protection of the law. We think, therefore, 
there was no reversible error in that respect.

As indicated above, the defendant also moved to quash 
the indictment on the ground, in substance, that the only 
evidence before the grand jury in respect to the charge 
made by the instant indictment was that of an alleged con­
fession which was obtained from defendant by and through 
force and violence or threats of force and violence, co­
ercion, torture and brutality by officers and detectives of 
Selma and of Dallas County in their official capacity.

The only evidence as to the nature of the testimony be­
fore the grand jury which returned the indictment on which 
the instant trial was had was that of the foreman of the 
grand jury. He testified with reference to cases entered 
on the grand jury docket. Cases numbered 43, 44, 45, 46, 
47 and 48 were eases of first degree burglary in which this 
defendant was stated as the person so charged. In case 
No. 43 the witnesses before the grand jury were Mrs. Jean 
Heinz Rockwell and Capt. J. W. Baker. An indictment wTas 
returned in case No. 43, in which Mrs. Jean Heinz Rock­
well is named as the person occupying and lodging in the 
house burglarized at the time. That is the indictment on 
which defendant was tried in the instant case. In respect 
to each of the other cases charged against this defendant, 
the evidence is that two witnesses testified before the grand 
jury. One was the name of a woman and the other that of 
Capt. Baker. The evidence is that as to each case sepa­
rately those persons appeared before the grand jury and 
gave evidence which was considered by them. There was 
no offer to prove the nature or effect of their testimony. 
The only evidence offered by the movant was that of wit­
nesses, including Capt. Baker in an attempt to show that



347

he extracted by improper means a confession from de­
fendant, and therefore presumptively that is all that he 
testified to before the grand jury. There was no effort to 
show what Mrs. Rockwell knew and may have testified be­
fore them. In the first place, there was absolutely no evi- 
[fol. 815] dence that Oapt. Baker improperly extorted a 
confession out of defendant.

We recognize the requirement of section 86, Title 30, 
for the use of legal evidence before a grand jury. Under 
that statute the general rule is that when competent -wit­
nesses are examined by the grand jury or the grand jury 
had before them legal documentary evidence, no inquiry into 
the sufficiency of the evidence is indulged.—Sparrenberger’s 
case, 53 Ala. 481.

Referring to that rule in Washington, v. State, 63 Ala. 189, 
where the grand jury returned an indictment for burglary, 
the Court said that it could not inquire into the contention 
that, while there was proof before the grand jury that a 
burglary was committed, no legal evidence was given that 
accused was the guilty offender.

That is the exact contention here made. There was testi­
mony given by Mrs. Rockwell. She had a legal right to 
testify. What was the nature of that testimony could not 
be inquired into. According to those cases, if Mrs. Rock­
well had been the only witness this motion should have been 
overruled. We cannot inquire into the nature of Capt. 
Baker’s testimony and no attempt was made to do so. If 
legal evidence is given, we may add, an indictment is not 
subject to be quashed because there was illegal evidence 
also given. This rule is not abridged by Allen v. State, 
162 Ala. 74, 50 So. 279. In that case reference was made 
to section 7776, Code of 1907 (section 489, Title 7, Code of 
1940) which prohibits an indictment (or conviction) for 
seduction on the uncorroborated testimony of the woman. 
It was held that the Sparrenberger case, supra, did not pro­
hibit evidence that there was before the grand jury no 
corroborating evidence as specifically required by that 
statute. It can be shown on a motion to quash an indict­
ment that there was before the grand jury no competent 
witness or legal documentary evidence, but not its insuffi­
ciency or that there was also illegal evidence (except as



348

required by statute applicable to that situation.—Ex parte 
State, ex rel. Attorney General (in re Gore v. State), 217 
Ala. 68, 114 So. 794; Mackey v. State, 186 Ala. 23, 65 
So. 330; Clark v. State, 240 Ala. 65 (20-21), 197 So. 23. 
The motion to quash was properly overruled.

A jury was organized to try the cause. The defendant 
pleaded not guilty and not guilty by reason of insanity. 
During the progress of the trial objections to evidence were 
overruled and exceptions noted. We will not undertake to 
analyze each of them separately, but will discuss those which 
[fol. 816] are important. We have examined the entire 
record and given consideration to all questions shown, 
whether discussed or not.

The first one we wish to discuss is the admissibility of a 
tape recording offered and received in evidence. Since it 

| contained a confession by defendant, it is necessary also to 
inquire as to whether such confession was voluntary, or 
induced by force, coercion, threats, personal injuries or tire­
some examination sufficient to destroy his volition, or hope 
of any sort held out to him. Of course any confession so 
obtained violates the constitutional rights of a person 
charged with the commission of a crime and cannot be used 
as evidence against him in a criminal case.—Chambers v. 
Florida, 309 U. S. 227, 60 S. Ct. 472. It is different from the 
right to use evidence obtained by an unreasonable search 
and seizure of such person; for evidence so obtained may 
be used against him on trial in a state court for violating 
a state law without a violation of the Fourteenth Amend­
ment.—Wolf v. People, 338 U. S. 25, 69 S. Ct. 1359; Irvine 
v. People, 347 U. S. 128, 74 S. Ct. 381.

We have often held that Alabama law and procedure do 
not prohibit the use of testimony so obtained on trial for 
a state crime in state court.—Oldham, v. State, 259 Ala. 507, 
67 So. 2d 55; Ingram v. State, 252 Ala. 497, 42 So. 2d 36.

It seems to be a well settled principle that a magnetic tape 
recording may be used as evidence when it is of matters 
otherwise legal, and provided the proper safeguards are 
shown to have been used so as to protect the recording 
against error or spoliation. The speakers as recorded 
should be properly identified and adequate safeguards taken 
to insure authenticity.—William Claud Wright v. State, MS



349

(Alabama Court of Appeals); Goldman v. United States,
.316 IT. 8.129, 62 S. Ct. 993; United States v. Schanrman, 150 
Fed. 2d 941 (6); State v. Perkins, 198 S. W. 2d (Mo.) 704,
168 A. L. R. 920, annotation 927; Ray v. State, 57 So. 2d 
(Miss.) 469; Williams v. State, 226 Pae. 2d (Okla.) 989.

The evidence in this case justifies the use of the recording 
as evidence of matter which is legal and relevant otherwise. 
But objection was made that the recording was evidence of 
a confession by defendant, and that it did not sufficiently 
appear from the evidence that the confession was voluntary, 
ffol. 817] The evidence was without conflict that it was vol­
untary. The authorities sustain our view that questioning 1 
a suspect in custody of the law is not prohibited by common 
law or the Constitution (nor by statute, we may add), and 
a confession so obtained is not for that reason alone ren­
dered inadmissible.—Phillips v. State, 248 Ala. 510, 28 So.
2d 542. In this case the evidence showed without conflict j 
that the officers did not intimidate appellant in any way. j 
They were not armed when he made the recorded statement.
He was in prison under protection against possible attack 
by others. But there was not shown to be threats of vio­
lence by the public or unusual excitement. He was not 
abused, nor questioned at such length and under such con­
ditions as to break his resistance, but he gave details which J 
were corroborative of that given by the State’s chief wit­
ness. It is for the trial judge to determine whether the evi- j 
dence shows that the confession was voluntary, and for the 
jury to give it such weight as they think proper. The deci­
sion of the trial court will not be disturbed on appeal unless 
it appears to be contrary to the great weight of the evi­
dence.—Reeves v. State, 260 Ala. 66, 68 So. 2d 14; Dennison 
v. State, 259 Ala. 424, 66 So. 2d 552; Myhand v. State 259 
Ala. 415, 66 So. 544; Fewell v. State, 259 Ala. 401, 66 So. 2d 
771.

The evidence here without conflict supports the finding 
of the trial court.

But appellant contends that he was denied the right to 
controvert the State’s evidence in that respect. Before the 
court made a ruling on the admissibility of the alleged con­
fession defendant’s counsel offered “ to put this defendant 
pn the stand for the purpose of refuting certain allegations



350

by the state with reference to the voluntary nature of what 
purports to be certain extra-judicial admissions and for no 
other purpose” . The court declined to agree with defend­
ant’s counsel that his appearance as a witness could be 
limited to that inquiry.

Defendant had the legal right before the confession was 
admitted to introduce evidence of legal matter to refute 
that of the State tending to show that the confession was 
voluntary.—People v. State, 256 Ala. 612, 56 So. 2d 665; Ver­
non v. State, 239 Ala. 593, 196 So. 96; Lockett v. State, 218 
Ala. 40 (8), 117 So. 457.

In making this offer the defendant’s counsel did not in­
form the court just what facts he expected to prove bp the 
witness, except his conclusion that they would ‘ ‘ refute cer- 
[fol. 818] tain allegations of the State”  with reference to 
the voluntary nature of defendant’s confession. We have 
long since held, notwithstanding section 445, Title 7, Code, 
that we will not reverse for such a refusal by the trial court. 
—Flowers v. Graves, 220 Ala. 445,125 So. 659; Alaga Coach 
Co. v. McCarroll, 227 Ala. 686, 151 So. 834; Strickling v. 
Whiteside, 242 Ala. 29, 4 So. 2d 416.

Of course it is the privilege of a defendant in a criminal 
case not to testify, but he may elect to do so.—Section 6, 
Constitution of Alabama.

At the time this offer was made the trial was proceeding; 
the jury had been selected and sworn, and the issues stated 
to them. Defendant had pleaded not guilty and not guilty 
by reason of insanity. All evidence tending to prove 
either of those issues was open to both parties. The 
State was offering a confession and had made a prima 
facie showing of its admissibility. The corpus delicti had 
been shown. If defendant saw fit or elected to testify as to 
that question, it was as to an issue then being tried. He 
•would thereby subject himself on cross examination to be 
questioned as to any,relevant matter pertaining to his guilt 
or innocence or sanity.1\ If he proposed to testify to facts 
showing that the confession was unduly influenced, he cer- 
tainly ought to respond to questionsjas to' 
and to any matter relevant thereto. |Tle cannot restrict* 
the nature of the relevant testimony he proposes to give.— 
Kelly v. State, 160 Ala. 48, 49 So. 535; Carpenter v. State,



351

193 Ala. 51, 69 So. 531; Gast v. State, 232 Ala. 307, 167 So. 
554; Brown v. State, 243 Ala. 529,10 So. 2d 855. Therefore, 
for two reasons the trial court cannot be put in error on 
account of such proposal. *__

There was also introduced in evidence a written confes­
sion signed by defendant while in Kilby. The confession 
was taken down by a stenographer, written up by her, read 
to defendant and signed by him. It was shown that this 
was voluntary on the part of defendant. The Court allowed 
it as evidence without error.

The evidence showed that on or about March 18th, preced­
ing April 24, 1953, Mrs. Stenson was in bed asleep at about 
10:00 o ’clock P. M. at her home in Selma when she was 
awakened: defendant was on top of her with a knife at her 
throat and threatened to kill her if she screamed, and that 
he had forcible intercourse with her. Mrs. Binford, on 
another occasion, found defendant in her bathroom in her 
home in Selma on May 1, 1953 at twenty minutes to eleven 
[fol. 819] at night. He was there for about seven minutes 
and went out of the small bathroom window. No evidence of 
other details was offered.

The State offered this evidence solely on the question of 
intent and identity of defendant and his motive on the oc­
casion then on trial, and the court instructed the jury that 
such evidence was received for that purpose only. Ob­
jection was overruled and defendant excepted.

We have pointed out “ that evidence which goes no fur­
ther than showing character generally or disposition to 
commit crime is, of course, inadmissible, but if such evidence 
goes further than showing character and bears probatively 
on the intent with which the act was committed, it is none the 
less admissible though it might also tend to discredit the de­
fendant’s character.” —McKenzie v. State, 250 Ala. 178, 33 
So. 2d 488; Noble v. State, 253 Ala. 519, 45 So. 2d 857; Mason 
v. State, 259 Ala. 438, 65 So. 2d 557.

Those two incidents mentioned above both have such 
peculiar qualities of a similar nature or pattern as to point 
to defendant as the guilty agent in respect to the offense 
here on trial, and to show that his intent was to ravish as 
alleged in the indictment.—Johnson v. State, 242 Ala. 278, 
5 So. 632; Robinson v. State, 243 Ala. 684, 11 So. 2d 732;



Daniels v. State, 243 Ala. 675, 11 So. 2d 756; Brasher v. 
State, 249 Ala. 96, 30' So. 2d 31; McKenzie v. State, supra; 
Noble v. State, supra; Mason v. State, supra.

We have examined with care the entire record and the 
exceptions noted as well as the legality of all the evidence 
offered against defendant regardless of whether exception 
was noted or not, and whether or not assigned as error.— 
Title 15, section 382 (10), Pocket Part Code. Errors were 
unnecessarily assigned.—Title 15, section 389, Code. We 
find no error of the trial court which was injurious to the 
defendant.—Section 389, supra.

The oral charge of the court and those given as re­
quested by the defendant correctly and intelligently covered 
every aspect of the law involved, including the burden of 
proof, the elements of the offense, the plea of insanity, and 
character evidence. This completely covered the few charges 
which the court refused.

We find no reversible error, and the judgment should be 
affirmed.

The foregoing opinion was prepared by Foster, Super­
numerary Justice of this Court, while serving on it at the 
[fol. 820] request of the Chief Justice under authority of 
Title 13, section 32, Code, and was adopted by the Court 
as its opinion.

Affirmed.
Livingston, C. J., Simpson, Stakely and Goodwyn, JJ., 

concur.
Lawson and Merrill, JJ., concur specially as indicated.
Mayfield, J., concurs in result.
L aw son , J ustice (con cu rrin g  sp ec ia lly ).

I cannot agree with that part of the opinion holding that 
the defendant was not entitled to testify as to the facts and 
circumstances concerning an alleged confession or confes­
sions which the State introduced under the circumstances 
shown in the court’s opinion without thereby subjecting 
himself to cross-examination as to matters pertaining to his 
guilt or innocence, sanity or insanity.

While I am not willing to say that the trial court should 
be reversed in this particular case because of its ruling on



353

this point, I wish to record my position concerning that 
ruling.

Merrill, J., concurs in the foregoing views.

[fo l. 821] I n th e  S uprem e  C ourt op A labama

W illiam  E arl P ikes 

vs.
T he  S tate op A labama

J udgm ent op A ffirm ance— May 12, 1955

Come the parties by attorneys, and the record and mat­
ters therein assigned for errors, being submitted on briefs 
and duly examined and understood by the Court, is con­
sidered that in the record and proceedings of the Circuit 
Court there is no error.

It is therefore considered, ordered, and adjudged that the 
judgment of the Circuit Court be and the same is hereby in 
all things affirmed.

The time fixed by the judgment and sentence of the Cir­
cuit Court for the execution of the prisoner, William Earl 
Fikes, having expired pending this appeal, it is now ordered 
that Friday, July 1st, 1955, be and the same is hereby fixed 
as the date for the execution of the Defendant, William 
Earl Fikes.

It is further ordered that the Sheriff of Dallas County, 
Alabama, deliver the Defendant, William Earl Fikes, to 
the Warden of Kilby Prison at Montgomery, in Mont­
gomery County, Alabama, and that the said Warden at 
Kilby Prison in Montgomery County, Alabama execute the 
judgment and sentence of the law on Friday, July 1st, 1955, 
[fol. 822] on said day in said prison, by causing a current of 
electricity of sufficient intensity to cause death to pass 
through the body of the said William Earl Fikes until he is 
dead, and in so doing he will follow the rules prescribed by 
the Statutes.

It is also considered, ordered, and adjudged that the ap­
pellant, William Earl Fikes, pay the costs of appeal of



354

this Court and of the Circuit Court, for which costs let 
execution issue accordingly.

[fo ls . 823-825] I n th e  S uprem e  Coubt of A labama 

(Title omitted)

M otion for R ehearing—May 25, 1955
To the Honorable Chief Justice and Associate Justices of

the Supreme Court of Alabama:
Comes now William Earl Fikes, Appellant in the above 

styled cause, and moves this Honorable Court to grant unto 
him a rehearing in said cause, and to reverse, revise and 
hold for naught its judgment rendered on to-wit: May 12, 
1955, affirming the judgment of the Circuit Court of Dallas 
County, Alabama, and to enter an order reversing said 
judgment.

Submitted herewith is a brief and argument in support 
of said motion.

(S.) Peter A. Hall, Orzell Billingsley, Jr., Attorneys 
for Appellant.

Certificate of service (omitted in printing).

[fols. 826-832] In the  S upreme Court of A labama

[Title omitted]

Order D en yin g  R ehearing—June 23, 1955
It is ordered that the application for rehearing filed by 

the appellant in this cause on May 25, 1955, after being duly 
examined and considered by the Court, be and the same is 
hereby denied and overruled. (No opinion written on re­
hearing.)



355

[fols. 833-834] S uprem e  C ourt op th e  U nited  S tates

[Title omitted]

Order E xtending  T im e  to F ile P etition  por W rit  of
Certiorari

Upon Consideration of the application of counsel for 
petitioner,

It is ordered that the time for filing petition for writ of 
certiorari in the above-entitled cause be, and the same is 
hereby, extended to and including November 20th, 1955.

Hugo L. Black, Associate Justice of the Supreme 
Court of the United States.

Dated this 14th day of September, 1955.

[fo l. 835] S uprem e  C ourt of th e  U n it e d  S tates, O ctober
T erm , 1955

No. 378 Misc.

Order G ranting  M otion for L eave to P roceed I n  F orma 
P auperis and P etition  for W rit  of Certiorari—March 
26, 1956

On petition for writ of Certiorari to the Supreme Court 
of the State of Alabama.

On consideration of the motion for leave to proceed herein 
in forma pauperis and of the petition for writ of certiorari, 
it is ordered by this Court that the motion to proceed in 
forma pauperis be, and the same is hereby, granted; and 
that the petition for writ of certiorari be, and the same is 
hereby, granted and the case is transferred to the appellate 
docket as No. 801.

(988-6)



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