Shuttlesworth v Birmingham AL Transcript of Record

    TRANSCRIPT OF RECORD

Supreme Court of the United States
OCTOBER TERM, 1963

No. 168

FRED L. SHUTTLESWORTH, PETITIONER,

vs.

CITY OF BIRMINGHAM.

ON W R IT  OF CERTIORARI TO T H E  COURT OF APPEALS OF ALAB A M A

PETITION FOR CERTIORARI FILED MAY 29, 1963 

CERTIORARI GRANTED OCTOBER 14, 1963



SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1963

No. 168

FRED L. SHUTTLESWORTH, PETITIONER,

vs.

CITY OF BIRMINGHAM.

ON W R IT  OF CERTIORARI TO T H E  COURT OF APPEALS OF ALABAM A

I N D E X
Original Print

Record from the Circuit Court of the Tenth Judi­
cial Circuit of Alabama, in and for Jefferson
County _______________________________________ 1 1
Organization of the Court ____________________  1 1
Appeal bond _________________________________  la 3
Complaint ___________________________________  lb  4
Motion to quash ______________________________  2 5
Demurrers ___________________________________  4 1
Motion to exclude testimony and for judgment . . 6  8
Minute entries________________________________  I 9
Appeal bond to Court of Appeals of Alabama — 9 11
Transcript of proceedings, December 4, 1961----  11 13

Appearances _______________________________  H  13
Court overrules motion to quash and demur­

rers _____________________________________  11 13
Testimony of Jamie Moore—

direct---------------------------- 12 14
cross-----------------------------  15 18

Record P ress, Printers, New Y ork, N. Y., November 25, 1963



11 INDEX

Original Print
Record from the Circuit Court of the Tenth Judi­

cial Circuit of Alabama, in and for Jefferson 
County— Continued
Transcript of proceedings, December 4, 1961—

Continued
Testimony of James Walton Garrison—

direct__________________  18 21
cross___________________  21 23
redirect ________________ 26 28
reeross _________________  27 29

Jack A. Warren—
direct__________________  28 30
cross___________________  30 32

T. T. Trammell—
direct __________________  32 35
cross___________________  36 38

Motion to exclude testimony and for judgment
and Court’s order overruling motion---------  38 41

Testimony of Fred L. Shuttlesworth—
direct __________________  39 42
cross___________________  43 46

Vera Brown—
direct __________________  48 51
cross___________________  50 54
redirect ________________ 51 54

Clerk’s certificate (omitted in printing) -----------  55 56
Proceedings in the Court of Appeals of Alabama _ 56 56
Assignments of error ------------------------------------------  56 56
Judgment ______________________________________  58 58
Opinion, Cates, J. ---------------------------------------------- 59 59
Application for rehearing------------------------------------ 62 61
Order overruling application for rehearing ---------  62 61
Proceedings in the Supreme Court of Alabama----  64 62
Petition for certiorari to the Court of Appeals of

Alabama _____________________________________  64 62
Opinion, Merrill, J. --------------------------------------------  68 65
Application for rehearing ----------------------------------  69 66
Order striking petition for certiorari ------------------ 70 67
Order overruling application for rehearing ---------  70 67
Clerk’s certificate (omitted in printing) --------------  71 67
Order allowing certiorari ------------------------------------ 73 68



1

[fol. 1]
IN THE CIRCUIT COURT OF THE  

TENTH JUDICIAL CIRCUIT OF ALABAM A

IN AND FOR JEFFERSON COUNTY

No. 22506

C ity  of B ir m in g h a m , A labam a , a M u n icipal  
Corporation, Plaintiff,

vs.

F red L. S h u ttlesw orth , Defendant.

Organization  of th e  C ourt

At a regular term of the Circuit Court of the Tenth 
Judicial Circuit of Alabama, at which the officers authorized 
by law to hold or serve said Court were serving, the follow­
ing proceedings were had in the cause styled: No. 22506 
The State City of Birmingham vs. Fred L. Shuttlesworth 
to w it:



th e  C ircuit  Court of th e  T e n th  J udicial 
C ircuit  of A labama

A ppeal B ond— Filed June 30,1961

(See opposite)



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the City of Birmingham, a municipal corporation, 1b the sum of

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’or the payment of which, well aad truly to be made, we bind ourselves, our administrators, and executors. But 
the condition of the above obligation's such, that whereas the ilpve bounden principal was tried and convicted

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on the charge of Count 1 

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and has prayed and'obtained an appeal to the Circuit Court of Jefferson County, Alabama, from the judgment

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and to perform hard labor for........ ...................................................r..

rendered the.......Or?.... .day of.. ......£  ̂ ^ rrrT .....................................19..&*L
Now, if the said principal shall appear at present Term of the Circuit Court of Jefferson County, 

Alabama, and from term to term thereafter until discharged by law, then this obligation to be void, other-

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3



4

No. 22506

[fo l. lb ]
I n the Circuit Court oe the T enth  J udicial

Circuit of A labama

C ity  of B ir m in g h a m , A labam a , a M u n icipal  
Corporation, Plaintiff,

vs.
F red L. S h u ttlesw orth , Defendant.

Com plaint— Filed December 4,1961
Comes the City of Birmingham, Alabama, a municipal 

corporation, and complains that Fred L. Shuttlesworth, 
within twelve (12) months before the beginning of this 
prosecution, and within the City of Birmingham or the 
police jurisdiction thereof, did knowingly and wilfully inter­
fere with, hinder, or prevent a police officer of the City of 
Birmingham; namely, Jamie Moore, Police Chief for the 
City of Birmingham, in the discharge of his legal duty in 
that said defendant did knowingly and wilfully place him­
self between said officers and a group of people commonly 
called “ freedom riders” when said people were being placed 
in protective custody by said officer, and said defendant did 
knowingly and wilfully refuse to move out of the way of 
said police officer after being so ordered, contrary to and 
in violation of Section 856 of the General City Code of 
Birmingham of 1944.

William C. Walker, Attorney for Plaintiff.

[File endorsement omitted]



5

No. 22506 

[Title omitted]

M otion to Q uash— Filed December 4,1961
Comes now the defendant in this cause, and respectfully 

shows unto this Honorable Court the following facts:
1. That this defendant was arrested on to-wit, May 17, 

1961, and charged with the violation of Section 856 of the 
General City Code of Birmingham, Alabama.

2. That the said arrest came as a result of defendant’s 
presence at the Greyhound Bus Depot in Birmingham, 
Alabama, on said date, where he had purchased a ticket and 
attempted to board a bus for Montgomery, Alabama.

3. The information or complaint in this cause is so broad 
that the defendant is not sufficiently apprised of what he is 
called upon to defend against, and, therefore, the charge is 
vague, indefinite and uncertain.

4. The information or complaint does not charge the 
defendant with any offense under the laws of the State of 
Alabama.

5. The information or complaint upon which this cause 
is based is insufficient to support prosecution in this cause, 
in that no offense is alleged which is cognizable by this 
Honorable Court.

6. That the allegations of the information or complaint, 
and each count thereof are so vague and indefinite, as not 
to apprise this defendant of what he is called upon to 
defend.

7. The said Section 856 of the General City Code of 
Birmingham, Alabama, under which said complaint is 
brought, as applied to this defendant, a negro citizen of the 
United States, violates Section 4, of the Constitution of

[fo l. 2]
I n the Circuit Court of the T enth  J udicial

Circuit of A labama



6

Alabama, and the First and Fourteenth Amendments to 
the Constitution of the United States of America.
[fob 3] 8. That the aforesaid Section 856 of the General
City Code of Birmingham, Alabama, as applied to this de­
fendant is unconstitutional on its face, in that it in effect 
constitutes a deprivation of liberty, without due process of 
law, in violation of the Fourteenth Amendment of the 
United States.

9. That the said Section 856 of the General City Code of 
Birmingham, Alabama, as applied to this defendant in this 
cause, constitutes an abridgement of privileges and immuni­
ties guaranteed defendant as a citizen of the United States 
in violation of the Fourteenth Amendment to the United 
States Constitution.

10. That the said Section 856 of the General City Code 
of Birmingham, Alabama, as applied, constitutes a denial 
of the equal protection of the laws, in violation of the 
Fourteenth Amendment to the Constitution of the United 
States of America.

11. That this defendant has been tried in another action 
for conspiracy to Breach The Peace, and for a Breach of 
the Peace, in violation of Title 14, Section 119 (1) of the 
1940 Code of Alabama, which said cause, numbered 4216, 
is now pending on appeal in this Honorable Court; that the 
violations complained of in the instant cause, grew out of 
the same facts and circumstances relied upon to support 
the aforesaid cause numbered 4216, now pending on appeal 
in this Honorable Court, and defendant avers that he is 
being put twice in jeopardy for one alleged offense, in 
violation of his right to due process of law under the Con­
stitution and laws of the State of Alabama, and the Four­
teenth Amendment to the United States Constitution.

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

[File endorsement omitted]



7

No. 22506 

[Title omitted]

D emurrers—Filed December 4,1961
Comes now F. L. Shuttlesworth, defendant in this cause, 

and demurs to the information or complaint in this cause, 
and to each and every count thereof, separately and sev­
erally, and as grounds for such demurrer sets out and 
assigns the following, separately and severally:

1. The warrant, affidavit or information which supports 
the complaint in this cause, does not charge defendant with 
any offense under the constitution and laws of the State of 
Alabama.

2. That the information or complaint upon which this 
cause is based is insufficient to support prosecution of this 
cause, in that no offense is charged which is cognizable by 
this Honorable Court.

3. That the allegations of the information or complaint 
and each count thereof are so vague and indefinite as not to 
apprise this defendant of what he is called upon to defend.

4. That the ordinances of the City of Birmingham, Ala­
bama relied upon to support the complaint in this cause, 
are invalid in that they violate Section 4, Article 1, of the 
Constitution of Alabama, and the First and Fourteenth 
Amendments to the Constitution of the United States of 
America.

5. That the laws or ordinances relied upon to support 
the complaint in this cause, constitute an abridgement of 
freedom of speech and assembly violative or rights and 
liberties secured the defendant by the First and Fourteenth 
Amendments to the Constitution of the United States of 
America.
[fol. 5] 6. That the aforesaid statutes, laws or ordinances
are unconstitutional on their face in that they are so vague

[fol. 4]
I n  the Circuit Court of the T enth  J udicial

Circuit of A labama



8

as to constitute a deprivation of liberty without due process 
of law in violation of the provisions of the Fourteenth 
Amendment to the United States Constitution.

7. That the said Statutes, laws or ordinances, constitute 
an abridgement of privileges and immunities guaranteed de­
fendant as a citizen of the State of Alabama and of the 
United States, in violation of the Fourteenth Amendment 
to the United States Constitution.

8. That the said Statutes, laws or ordinances constitute 
a denial of equal protection of the laws in violation of the 
Fourteenth Amendment to the Constitution of the United 
States of America.

Orzell Billingsley, Jr., Attorney for Defendant, 

[File endorsement omitted]

[fol. 6]
I n  th e  C ircuit  C ourt oe th e  T e n t h  J udicial 

C ircuit  of A labama

No. 22506

[Title omitted]

M otion to E xclude th e  T estim ony  and for 
J udgment— Filed December 4,1961

Comes now F. L. Shuttlesworth, defendant in this cause 
after all of the testimony and evidence for the City of 
Birmingham has been given and received in this cause, and 
moves this court to exclude said testimony and evidence 
and to give judgment for defendant, and as grounds for said 
motion sets out and assigns the following, separately and 
severally.

1. The City of Birmingham has not made a case against 
this defendant.

2. All of the testimony and evidence given in this cause 
indicates that the defendant during the time and on the 
occasion in question merely exercised rights and privileges 
given to him as a citizen of the State of Alabama and of



9

the United States of America, by the laws and the Con­
stitution of the State of Alabama and of the United States 
of America, by the laws and the Constitution of the State 
of Alabama, and by the First and Fourteenth Amendments 
to the Constitution of the United States of America.

3. There has been absolutely no evidence introduced by 
the City of Birmingham to support the complaint in this 
cause.

4. None of the testimony or evidence offered proves 
defendant guilty of any criminal act or unlawful acts dur­
ing the time in question.

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

[File endorsement omitted]

[fol. 7]
I n  th e  C ircuit  C ourt oe th e  T e n t h  J udicial 

Circuit  of A labama

M in u te  E ntry— December 4-5,1961

T he  S tate C ity  of B ir m in g h a m ,

vs.
F red L. S h u ttlesw orth .

Appealed from Recorder’s Court
(Interfering with an Officer While Discharging his Duties)

Honorable Geo. Lewis Bailes, Judge Presiding.
This the 4th day of December, 1961, came Vm . C. Walker, 

who prosecutes for the City of Birmingham, and also came 
the defendant in his own proper person and by attorney, 
and the defendant withdraws jury demand and the City of 
Birmingham files written Complaint in this cause; and de­
fendant filed Motion to Quash and said Motion to Quash



10

being considered by the Court it is ordered and adjudged 
by the Court that said motion be and the same is hereby 
overruled; and defendant files demurrers and said de­
murrers being considered by the Court it is ordered and 
adjudged by the Court that said demurrers be and the same 
are hereby overruled and defendant being duly arraigned 
upon the written complaint of the City of Birmingham for 
his plea thereto says he is not guilty; and defendant files 
motion to exclude testimony and for judgment and said mo­
tion being considered by the Court it is ordered and ad­
judged by the Court that said motion be and the same is 
hereby overruled.

On this the 5th day of December, 1961, upon considera­
tion of the pleadings and evidence submitted in this cause 
the Court being of the opinion that the defendant is guilty 
as charged in the complaint, and on recommendation of City 
Attorney Walker the Court assessed a fine of One Hundred 
and no/100 Dollars ($100.00) and costs against said defen­
dant; it is therefore considered by the Court and it is the 
judgment of the Court that said defendant is guilty as 
charged in said complaint and that he pay a fine of One 
Hundred and no/100 Dollars ($100.00) and costs of this 
cause.

On this the 5th day of December, 1961, said defendant 
being in open court and having presently failed to pay the 
fine of One Hundred Dollars ($100.00) and the costs of $5.00 
accrued in the Recorder’s Court of the City of Birmingham 
or to confess judgment with good and sufficient security 
for the same, it is therefore considered by the Court, and 
it is ordered and adjudged by the Court, and it is the sen- 
[fol. 8] tence of the Law, that the defendant, the defendant, 
the said Fred L. Shuttlesworth, perform hard labor for 
the City of Birmingham for 52 days because of his failure 
to pay said fine and costs of $5.00 accrued in said Recorder’s 
Court, or to confess judgment with good and sufficient se­
curity therefor.

It is further considered by the Court, and it is ordered 
and adjudged by the Court, and it is the sentence of the 
Law, that the defendant, the said Fred L. Shuttlesworth, 
perform additional hard labor for the City of Birmingham 
for 180 days, as additional punishment in this cause.



11

And the costs legally taxable against the defendant in 
this cause amounting to Fifty-one and 25/100 Dollars 
($51.25), not being presently paid or secured, and $4.00 of 
said amount being State Trial Tax, $3.00, and Law Library 
Tax, $1.00, leaving Forty-seven and 25/100 Dollars ($47.25) 
taxable for sentence, it is ordered by the Court that said 
defendant perform additional hard labor for the County 
for sixteen days, at the rate of Three Dollars ($3.00) per 
day to pay said costs. It is further ordered by the Court 
that after the sentence for the City of Birmingham has ex­
pired, that the City authorities return the defendant to the 
County authorities to execute said sentence for costs.

It is further considered by the Court that the State of 
Alabama have and recover of the said defendant the costs 
in this behalf expended including the costs of feeding the 
defendant while in jail, for which let execution issue.

On this the 5th day of December, 1961, Notice of Appeal 
being given and it appearing to the Court that, upon the 
trial of this cause, certain questions of Law were reserved 
by the defendant for the consideration of the Court of Ap­
peals of Alabama, it is ordered by the Court that the execu­
tion of the sentence in this cause be and the same is hereby 
suspended until the decision of this cause by said Court of 
Appeals of Alabama.

It is further ordered by the Court that the Appeal Bond' 
in this cause be and the same is hereby fixed at Three Hun­
dred Dollars ($300.00) conditioned as required by Law.

[fob 9]
l x  th e  C ircuit Court of th e  T en th  J udicial 

Circuit  of A labama

A ppeal B ond— Filed December 5,1961
Appeal Bond—Hard Labor Sentence
The State of Alabama 
Jefferson County

Know All Men by These Presents, That we Fred L. Shut- 
tlesworth principal, and James Esdale & Willie Esdale and 
Esdale Bail Bond Co. as sureties, are held and firmly bound



12

unto the State of Alabama, in the sum of Three Hundred 
Dollars, for the payment of which well and truly to be made, 
we bind ourselves, our heirs, executors and administrators, 
jointly and severally, firmly by these presents; and we and 
each of us waive our rights o f exemption under the Con­
stitution and laws of the State of Alabama as against this 
bond.

The Condition of the Above Obligation Is Such, That 
whereas, the above bounden Fred L. Shuttlesworth was 
on the 5th day of Dec., 1961, convicted in the Circuit Court 
of Jefferson County, Alabama, for the offense of Interfer­
ing With An Officer While Discharging His Duties and had 
assessed against him a fine of One Hundred Dollars, to­
gether with the cost of this prosecution, and on the 5th day 
of December, 1961, on failure to pay fine was sentenced to 
perform hard labor for the City for 52 days, and an addi­
tional term for the cost, at the rate of seventy-five cents 
per day, and as additional punishment imposed the defen­
dant was sentenced to perform hard labor for the City of
Birmingham 180 days, from which sentence the said ...........
—..................-  has this day prayed and obtained an appeal
to the Court of Appeals of Alabama.

Now, If the Said Fred L. Shuttlesworth shall appear and 
abide such judgment as may be rendered by the Court of 
Appeals, and if the judgment of conviction is affirmed, or 
the appeal is dismissed, the said Fred L. Shuttlesworth 
shall surrender himself to the Sheriff of Jefferson County, 
at the County Jail, within fifteen days from the date of such 
affirmation or dismissal, then this obligation to be null and 
void, otherwise to remain in full force and effect.
[fol. 10] Given under our hands and seals, this the 5 day 
of Dec. 1961.

Rev. F. L. Shuttlesworth (L.S.), James Esdale 
(L.S.), Willie Esdale (L.S.), By A. E. Brooks, Atty 
in Fact (L.S.), Esdale Bonding Co. (L.S.), James 
Esdale, By A. E. Brooks, Atty in Fact.

Approved: Julian Swift, Clerk of the Circuit Court of 
Jefferson County.

[File endorsement omitted]



13

[fol. 11] [File endorsement omitted]

I n th e  C ircuit  Court of th e  T en th  J udicial 
Circuit  of A labama

Crim in al  D ivision

No. 22506

[Title omitted]

Transcript of Proceedings— December 4, 1961

Caption

The Above Styled Cause came on to be heard before the 
Honorable George Lewis Bailes, Judge, sitting without a 
jury, on the 4th day of December, 196i, at 1 :45 P.M., when 
the following proceedings and testimony was heard.

A ppearances

Mr. Bill Walker, Assistant City Attorney, Birmingham, 
Alabama, for the Plaintiff.

Peter Hall and Orzell Billingsley, Attorneys at Law, 
Birmingham, Alabama, for the Defendant.

Reported by Jimmie Crumley.

Proceedings
Court Overrules M otion to Q uash  and D emurrers

The Court: Let the Motion to Quash in Case No. 22506 
be overruled and the Demurrers in 22506 be overruled.

Mr. Hall: We would like to have an exception.
The Court: Let’s have an understanding, this case comes 

to this Court of course de novo from the Recorders Court, 
appealed therefrom, and with a demand for a jury, and 
nothing has been said to this Court about a jury.



14

Mr. Hall: If Your Honor please, we don’t want a jury. 
Evidently there has been some error in that. We did not 
deliberately request a jury.

Mr. Walker: Your Honor, it could possibly be a clerical 
[fol. 12] error since so many of them do request jury trials, 
possibly it is merely a typing error from routine.

The Court: All right. With the statement of the defense 
and the prosecution as made in the record, it is sufficient 
for the Court. We will proceed.

Mr. Billingsley: If Your Honor please, we have some wit­
nesses in the courtroom and we would like to ask for the 
rule.

The Court: The rule has been invoked.
(Witnesses placed under the rule.)

Evidence on Behalf of the Plaintiff
J am ie  M oore, called as a witness, being first duly sworn, 

was examined and testified as follows:

Direct examination.

By Mr. Walker:
Q. State your full name, please?
A. Jamie Moore.
Q. What is your occupation?
A. I work for the City of Birmingham Police Depart­

ment as Chief of Police.
Q. How long have you been so employed, Chief?
A. I have been in the Police Department a little bit over 

25 years, and I have been Chief of Police a little over 
6 years.

Q. Did you have occasion to go to the Greyhound Bus 
Station on or about May 17th of this year?

A. Yes, sir, I did.
Q. And approximately what time did you go to the Grey­

hound Bus Station?



15

A. I went to that bus station two or three or maybe 
four times that day, and one time was about this time of 
day. If I remember correctly, the last time I went was 
about 4 o’clock or something like that in the afternoon.

Q. Did you have occasion to arrest the defendant on any 
of the times you were at the bus station!

A. Yes, sir, I did. That was the last time.
Q. Now, Chief Moore, on the first occasion that you 

[fol. 13] were at the bus station did you see any Freedom 
Eiders at that time?

A. I saw some of them that were in and around the sta­
tion that I presumed were. Of my own knowledge I am 
sure I couldn’t point them out, but they were pointed out 
to me as a part of the group that had come into Birming­
ham that later became Freedom Riders.

Q. Now, what occurred, if anything, on the first—what 
time did you say the first time you went to the bus station 
was?

A. I couldn’t be for sure, but I went in the afternoon 
around this time, about 2 o’clock, I recall; and I went back 
again about 4 o’clock or in that neighborhood.

Q. Now, on the occasion you went back about 4 o’clock 
did you see any Freedom Riders at that time?

A. Yes, sir.
Q. What, if anything, did you do in regard to the Free­

dom Riders at that time?
A. When I got over to the bus station that time, why, 

I went through the bus station with some other officers 
and some superior officers in the Police Department, I know 
Captain Garrison was with me, and Captain Warren, I 
believe Captain Wall, and there was some other officers in 
and around the bus station, and the group was out on one 
of the platforms on the 6th Alley side of the bus station, 
and I went out and told that group of people in a voice 
loud enough to be heard who I was, I identified myself, 
and told them that due to the circumstances that day that 
I as Chief of Police was arresting them and taking them 
into protective custody of the City of Birmingham.

Q. Was the defendant there at that time?



16

A. As I went through the last door out of the bus sta­
tion going towards that platform Freddie Lee Shuttles- 
worth and some other people I can’t identify were near the 
pay station telephone towards the platform, but he was 
not out there at that time, and he came on out there about 
the time that I was talking to those people.

Q. And what happened then, if anything!
A. Well, he walked around to my left right close to me 

and got eventually between—I say eventually, it wasn’t a 
[fol. 14] lot of time there, and I told him to leave the bus 
station. I called him by his name, I called him Fred, that 
he was not concerned with what was happening there, and 
he walked around and then got between me and some of 
those people I was talking to and I believe I asked him 
again to go—to get out of my way, and he said, if those 
people have to be arrested, why, he wanted to be arrested 
also.

Q. What did you do then, if anything!
A. I asked some of the officers to take him into custody 

at that time and I believe Officer T. T. Trammell, I believe 
was one of them, and I can’t remember the other names, 
Mr. Walker.

Q. Now, Chief Moore, did you receive any complaints 
of any violence that occurred to these Freedom Riders on 
Mother’s Day at the Trailway Bus Station—not these 
same ones, but of other Freedom Riders!

A. Well, of course, I was aware of some of the things 
that had happened at the Trailway Bus Station on Mother’s 
Day, which was the 14th of May, and I was not in town 
when that was happening. It was handled by other members 
of the police department, but I knew about it.

And one of the times I went to the bus station, why, I 
drove back into where the buses park there and there was 
crowds of people in and around the bus station at that 
time. In fact, 6th Alley there from 18th to 19th Street, 
there was a lot of people in and around it. Some of them 
hollered at me and they were boisterous and in a jeering 
mood, and some of them hollered out, and I couldn’t iden­
tify them, but it was “ Take the police away and we will 
take care of it,” or words to that effect.



17

Q. Now, Chief Moore, at 4 o’clock when you saw these so- 
called Freedom Riders where were the located when yon 
saw them?

A. When I went in the last time when this happened, 
why, as you go into the bus station from the 19th Street 
side, as you walk straight back and keep to your left they 
were out under that shed there where the buses load. That 
would be on the 6th Alley side of the bus station under 
a shed.

Q. Did you attempt to arrest the Freedom Riders?
A. I did arrest them, or the officers did. 1 told them they 

were being arrested.
Q. What charge, if any charge?

[fob 15] A. Protective custody of the City of Birming­
ham.

Q. Now, when did you first see the defendant on that 
occasion?

A. He was near the telephone booth just where the last 
door—close to where the last door is going out to the plat­
form. He was inside the bus station when I saw him.

Q. Where were the Freedom Riders ?
A. They were on beyond him back out under the shed 

not too far. Possibly as far as or further than the distance 
across this courtroom here.

Q. Now, at that time did you know the defendant in this 
case?

A. Yes, sir.
Q. Did you know where he lived?
A. I know where he lived.
Q. And where did he live ?
A. He lived in North Birmingham. I don’t know the 

exact house number.
Q. But he did live in Birmingham?
A. Yes.
Q. And this all occurred in the City of Birmingham?
A. Yes, sir.
Mr. Walker: That is all.



18

Cross examination.

By Mr. H all:
Q. Chief Moore, when you saw this defendant on May 

17th—incidentally, what time of day did you say it was that 
you arrested him?

A. I judge around 4 o’clock. That is my best recollection.
Q. Around 4 o’clock in the afternoon? Did you ascertain 

whether or not he was there at the bus station trying to 
get a bus to any particular place ?

A. I did not.
Q. Do you know whether some of your officers ques­

tioned jJersons there in the bus station—
Mr. Walker: We object to that. It would call for hear­

say, what someone else told him.
Mr. Hall: Chief Moore, as head of the Police Depart­

ment of the City of Birmingham, and as such he gets 
reports from the officers he had dispatched there during 
a disturbance and I think as head of the Police Department 
[fol. 16] he can testify as to what reports he got from 
officers during the regular course of his duties.

The Court: I will leave it out.
Mr. Hall: We want an exception, Your Honor.
Q. Chief, when you first spoke to Fred Shuttlesworth 

how close was he to you?
A. He was closer to me than this Clerk of the Court here. 

I  would say he wasn’t over two to three feet from me.
Q. Two to three feet away?
A. That’s right.
Q. Did you speak to him first or he speak to you?
A. I spoke to him.
Q. What did you say to him?
A. I told him, “ Fred—” I called him Fred—I said, “You 

are not concerned in this. We are engaged in business,” 
or words to that effect. “You get out of my way and don’t 
bother us.”

Q. Well, now, what occasioned you to speak to him at that 
time?

A. He was in my way and he was asking what was hap­



19

pening, what was taking place, and I had already announced 
to those people in a good loud clear voice who I was and 
my intention.

Q. Now, did he do anything other than ask those ques­
tions as to what was happening!

A. He walked around to my left and was between me and 
some of those people.

Q. Did he do any other act ?
A. Your Honor, I would like for him to ask specifically, 

if he will, what he has in mind there.
Q. Did he do any physical act? Did he put his hands on 

anyone? Did he do anything other than ask the questions 
and walk around to your left ?

A. He didn’t put his hands on anyone that I saw, if that 
is what you are talking about.

Q. Was he profane, Chief, or loud?
A. He wasn’t.
Q. Or argumentative ?

[fol. 17] A. He was not profane.
Q. Was he loud and argumentative while talking to you?
A. I wouldn’t say he was loud.
Q. Was there anyone else with him or near him except 

so-called Freedom Riders ?
A. Well, there was people—there was quite a few people 

around that place and there were two or three men with 
him at that telephone booth and they could have been out 
there. I wouldn’t say they were or were not.

Q. Would you say they stood between you and the Free­
dom Riders too?

A. No, they didn’t.
Q. They moved on?
A. Well, now, I wouldn’t say those same men came out 

there with him. I just don’t know. There was quite a crowd 
out there.

Q. You arrested the Freedom Riders—actually you 
placed them in protective custody, is that correct ?

A. Yes.
Q. You did not place a charge against them?
A. There was not a charge made against any of them.
Q. Did you arrest anyone else that day other than Fred 

Shuttlesworth at that place?



20

A. You mean did I arrest anybody?
Q. At that place and on that occasion?
A. I did not.
Q. There were other persons in and around the bus 

station on that occasion, as you formerly testified, I be­
lieve asking the police to leave and leave the Freedom 
Riders to them. Did you understand that to be a threat?

A. The people that were hollering at me were not in 
the bus station at that time. They were out in 6th Alley.

Q. They were out near the station or adjacent to it?
A. It is close to the station.
Q. Did you understand that request for the police to 

leave and leave the Freedom Riders to them to be a threat?
A. I understood there would be trouble if the police had 

[fol. 18] not been there and those people had been left 
alone.

Q. You didn’t arrest any of those people, did you?
A. I didn’t myself. If the Court will allow me, there 

were some people arrested, I am sure, that day. I don’t 
know of my own knowledge—for different charges that day 
—we moved lots of people away from the bus station. Some 
more were arrested in and around there and I don’t know 
their names.

Q. What I was trying to do was pinpoint on this particu­
lar occasion at the time when you arrested Fred Shuttles- 
worth?

Mr. Walker: Your Honor, Chief Moore has answered 
the question. He said he didn’t arrest anyone else. That 
was the question.

Q. That was the question, at that time?
A. I did not arrest anybody.
Q. Do you know if any person other than Fred Shuttles- 

worth and the Freedom Riders, who were taken into cus­
tody, was arrested at that time on that occasion at the 
G-reyhound Bus Station?

A. You mean at that particular time?
Q. At that time?
A. I don’t think there was anybody else arrested at that 

time.
Q. When Shuttlesworth was placed under arrest did he 

resist arrest?



21

A. I wasn’t—I don’t think he did. I did see him I believe 
after he was placed in the patrol car. I didn’t see him if he 
did.

Mr. H all: That is all.
Mr. Walker: That is all, Chief.
(Witness excused)

Capt . J ames W alton G arrison, called as a w itness, being 
first du ly  sw orn, was exam ined and testified  as fo l lo w s :

Direct examination.

By Mr. Walker:
Q. State your full name, please ?
A. James Walton Garrison.
Q. And occupation?
A. Captain of Police.
Q. How long have you been on the police force ?
A. Fifteen years.

[fol. 19] Q. Captain Garrison, did you have an occasion 
to go to the Greyhound Bus Station with Chief Moore on 
May 17th of this year?

A. I was at the Greyhound Bus Station with Chief 
Moore. I didn’t go over there with him.

Q. Did you go over there before Chief Moore?
A. I don’t actually recall whether I did or not. I believe 

I did.
Q. Were you there when the defendant was arrested?
A. I was.
Q. And about what time was the defendant arrested, if 

you recall ?
A. Around 5 o’clock in the afternoon.
Q. Now, what time did you first go to the bus station?
A. I went over there about 2 :30 or 20 until 3 or something 

in that neighborhood.
Q. Did you stay over there continually from 2:30 or 3 

until the time the defendant was arrested?
A. Outside of short trips across to City Hall and directly 

back, I was never gone over 10 or 15 minutes at a time.



22

Q. Were the Freedom Riders there at 2:30 or 3 o’clock 
when you arrived ?

A. No, sir.
Q. What time did the Freedom Riders arrive, if you 

know?
A. They came in shortly before 3.
Q. Did you see them when they came in?
A. I did.
Q. Was the defendant with them?
A. I don’t recall whether he was with them at that time 

or not.
Q. Do you know the defendant?
A. I know him.
Q. Now, when did Chief Moore—when did you see Chief 

Moore after the Freedom Riders arrived?
A. It was sometime between 3 o’clock and the time of 

the arrest. I  can’t place the time any closer than that.
Q. What did Chief Moore do in regard to the Freedom 

Riders when he arrived?
A. He placed them in protective custody.

[fol. 20] Q. What did he say to them; how did he notify 
them who he was ?

A. He got them altogether in a group—they were at the 
door of the bus that was supposed to go to Montgomery— 
he got them in a group and notified them he was Chief of 
Police of the City of Birmingham, that things were such 
that it was dangerous to them and that he was placing them 
in custody for their own protection.

Q. Now, where were you at when the Chief placed them 
in protective custody?

A. Standing right beside him.
Q. And were you with other people, a group of you?
A. Yes.
Q. Who was in the group?
A. There was the Chief, myself, Capt. Warren, Capt. 

Wall and Officer Trammell was standing right nearby.
Q. Where was the defendant when Chief Moore placed 

the Freedom Riders in protective custody, if you know?
A. I don’t know at the time he told them that.
Q. Now, what happened in regard to this defendant at 

the time Chief Moore placed the Freedom Riders into 
protective custody?



23

A. He stepped between the Chief and the group of so- 
called Freedom Eiders and stated that if they -were arrested 
he wanted to be arrested also, and the Chief told him to 
move on, and he continued to interfere. I  myself told him 
once to move on.

Mr. Hall: Your Honor, I ask that the word “ interfere” 
be stricken. It is a conclusion on the part of the witness. 
He can just tell what he did or said.

The Court: All right.
A. And Shuttlesworth kept milling around there and I 

recall distinctly one time him getting between the Chief 
and the Freedom Riders.

Q. Did he move when he was told to move ?
A. He did not.
Q. Do you know where Shuttlesworth lived?
A. Yes.
Q. Where does he live?

[fol. 21] A. I don’t know the house number.
Q. Is it here in Birmingham?
A. It is here in Birmingham.
Q. Let me ask you this. Did the Freedom Riders live in 

Birmingham?
A. That I don’t know.
Q. How did they come to Birmingham ?
A. They came to Birmingham on a Greyhound bus.
Q. What disposition was ultimately made of the Freedom 

Riders ? How did the city rid itself of them?
A. They were finally got out of town on a bus Saturday 

morning following this Wednesday the 17th.
Q. And where were they taken, if anywhere ?
A. Their designation was Montgomery.
Mr. Walker: I believe that is all.

Cross examination.

By Mr. Hall:
Q. Capt. Garrison, I believe you said you were standing 

right with Chief Moore or near him when he announced 
to these so-called Freedom Riders that he was taking them 
into protective custody ?



24

A. That is correct.
Q. Did he make a general announcement to everyone in 

the bus,station! Did he get the group together and talk to 
them, or how was it done?

A. He walked out to the group and asked that they all— 
I don’t remember the exact words, but come in hearing 
distance of him so they could understand what he had to 
say and then he made the announcement.

Q. Where were they at that time ?
A. They were on the loading dock of the bus getting 

ready to go to Montgomery.
Q. Was the defendant Fred Shuttlesworth over there at 

that time ?
A. I don’t know exactly what time Shuttlesworth came up. 

He was standing in the bus station as we came out the door.
Q. In your best judgment he was still in the bus station 

when the Chief made this announcement ?
A. I don’t know where he was when the Chief made the 

announcement.
[fol. 22] Q. You didn’t see him at that time?

A. No.
Q. And you did have these so-called Freedom Eiders in 

your line of vision at that time ?
A. That is correct.
Q. You would have remembered if he had been standing 

there, wouldn’t you?
A. Probably so.
Q. Were you standing there when the defendant came 

up and asked what was going on ?
A. Yes.
Q. Well, how was that done? Did he do that in a loud 

voice?
A. No, no unusual voice.
Q. Just ordinary voice?
A. That is correct.
Q. And he was told what was going on, or was he told 

to go ahead, or do you recall?
A. I don’t recall that.
Q. You don’t know how he was answered? Well, did he 

at anytime while—how long did Fred Shuttlesworth stand 
there and talk to you and Chief Moore ?



25

A. It would be hard to place it in minutes.
Q. Well, just a few minutes ?
A. It was a very few minutes.
Q. Did he at any time exhibit any pugnacious attitude? 

Did he put his hands on anyone or offer any argument?
A. Not verbally, but he didn’t move.
Q. But he asked what was going on and he didn’t move?
A. To the best of my recollection he asked what was 

going on and he did make the one statement that if they 
were placed in jail he wanted to go too.

Q. But did he say these people were his friends and that 
they were together ?

A. I don’t recall that statement.
[fol. 23] Q. Did he make that statement?

A. I don’t recall that statement.
Q. Did he say they were all waiting on a bus for Mont­

gomery?
A. I don’t recall that statement.
Q. Did anyone say they were trying to get a bus out 

of there for Montgomery, any of those so-called Freedom 
Eiders?

A. Not at that time to my recollection.
Q. Well, were they asked whether or not they were—
Mr. Walker: We object to this, Your Honor, where they 

were going or whether they were going anywhere or not.
The Court: Let him answer it.
A. Would you repeat the question.
Q. Capt. Garrison, isn’t it a fact the police checked all 

the persons in and around the bus station on that occasion 
to ascertain whether or not they were legitimate pas­
sengers?

A. That is correct.
Q. You checked everyone?
A. We might have missed some, but if we did we didn’t 

intend to.
Q. But everyone who was in and about that station on 

that date proved to your satisfaction or to Chief Moore’s 
satisfaction that they were legitimate passengers?

A. That is correct.



26

Q. Now, do you recall whether or not this defendant 
said to you and to Chief Moore that he was with this group 
and they were waiting on a bus for Montgomery trying 
to get a bus for Montgomery?

Mr. Walker: We object again, Your Honor. I don’t see 
where it is material to any issue whether the defendant 
was with the group or not insofar as the charge is con­
cerned.

The Court: Well, whether he was with them or not prob­
ably wouldn’t be; what he may have said might be ma­
terial.

A. I don’t recall that statement being made.
Q. Could he have said something to that effect, Capt. 

Garrison? Do you have any impression that he did?
A. I don’t have any impression that he did. It is pos­

sible he could have and I don’t recollect it.
[fol. 24] Q. Did you yourself arrest the defendant, Capt. 
Garrison?

A. I think that Chief Moore actually made the arrest. I 
might have. I don’t remember for sure which one of us 
did, but one or two of us told the officers standing close by 
to take him into custody.

Q. I will ask you this, Capt. Garrison. Did you have dif­
ficulty getting these Eiders under protective custody— 
were they trying to flee or get away?

A. No.
Q. Did they resist?
A. No.
Q. Did the defendant’s conduct in anyway make your 

arrest or your duty in putting these people under pro­
tective custody any harder?

A. Yes.
Q. It did? How was that?
A. By continually getting between us and them—I say 

continually, I recall one distinct time he got between us, 
and he kept milling around and wouldn’t move on when 
we asked him to, and things were kind of tense over there 
at that particular time.

Q. When you say tense you mean these Eiders actually 
gave the impression they were going to resist this arrest?



27

A. No, I don’t mean that at all. It was tense from the 
standpoint of the crowd we had over there and we felt 
they were in danger actually of their lifes—these Riders.

Q. You mean that the Riders were in danger from some 
of the others in the crowd?

A. That is correct.
Q. Did the others in the crowd make any threats or say 

anything ?
A. They weren’t close enough at that particular time. 

We moved them back. They were not in hearing distance 
of us probably other than legitimate passengers who had 
business about the bus station.

Q. Did you arrest any members of that crowd other than 
the Riders and Fred Shuttlesworth?

A. Not at that time. There were some arrested.
Q. I mean on this occasion at that time?

[fol. 25] A. I did not, but I don’t know whether there were 
any arrested or not.

Q. You don’t know of any arrests other than the defen­
dant and the Freedom Riders?

A. At this particular time I do not.
Q. Capt. Garrison, I believe you testified that you -were 

at the station from 2:30 until that night sometime almost 
all day?

A. In the neighborhood I would say of 2 :30 until 11:30 
that night.

Q. Do you knowT how long this defendant had been at the 
bus station before he was arrested?

A. No. I had seen him around and then I would miss him 
and he would be gone and I would see him back and then 
later on he would be back and I couldn’t answer that ques­
tion as to the length of time.

Q. Now, when you would see him he would be with this 
group of Freedom Riders?

A. Part of the time and part of the time he would be 
around the bus station.

Q. What time did they arrive at the bus station—the 
Freedom Riders ?

A. I would say shortly before 3.
Q. And that was about the time you saw the defendant?



28

A. I can’t recall when I first saw him that afternoon. 
I had seen him several times about before the arrest took 
place, but what particular time I can’t recall just when 
I did first see him.

Q. Capt. Garrison, did you yourself check the tickets on 
that occasion?

A. I checked some tickets, but very few. I mostly had 
them checked.

Q. Did you yourself examine the defendant to see if he 
had a ticket ?

A. No.
Q. Do you know if he was so examined?
A. Of my own knowledge I don’t know, but he was.
Q. He was?
A. Yes.
Q. And he did have a ticket ?
A. That is my understanding.
Mr. H all: Thank you, Capt. Garrison.

[fol. 26] Redirect examination.

By Mr. Walker:
Q. Capt. Garrison, let me ask you, you say there was a 

crowd at the bus station on that occasion?
A. A very large crowd.
Q. And where was this crowd located?
A. We had them at this particular time backed off from 

the bus station to the best of my knowledge and recollection, 
I believe they were across the street on one side and across 
the alley on the other and across 19th Street side. We 
were having to keep them there with policemen or otherwise 
they wouldn’t have been across there.

Q. Do you have an opinion as to the size of the crowd?
A. Not in numbers, I don’t because, as I say, I was most 

of the time right in the station and around the station 
and I didn’t work right at the crowd as I would other­
wise.

Q. Did these so-called Freedom Riders, did they ex­
perience any difficulty in obtaining transportation?

A. Yes, they did.



29

Q. What was the nature of that difficulty?
A. They couldn’t get a driver to take the bus out.
Q. Now, getting back to this crowd of people, how did 

they act or what was the emotion of the crowd?
A. The attitude was belligerent, storming and overall 

anger.
Q. Was it directed at anyone in particular?
A. It was directed at these Freedom Riders.
Q. Capt. Garrison, do you have any opinion as to how 

many police officers were employed at the Greyhound Bus 
Station on that occasion ?

A. I would say at least 30 or 35 or maybe 40 on this 
particular occasion. Over the period of the week I guess 
we used 80 per cent of the entire force there at one time 
or another.

Q. What was their assignment while—the bulk of them, 
getting away from the routine officers that are at the bus 
station all the time, what was the assignment of the extra 
officers ?

A. Well, we had some officers that stayed right with these 
Freedom Riders all the time. We had others that was as- 
[fol. 27] signed to keep back the crowds. We had others 
to work traffic at the different, intersections. We had 19th 
Street blocked entirely and had 7th Avenue blocked be­
tween 18th and 19th Street to avoid cars just continuing 
in a circle. And some were inside the bus station and stayed 
in the waiting room the entire time.

Mr. Walker: I believe that is all.

Recross examination.

By Mr. Hall:
Q. Capt. Garrison, if I may question you—
Mr. Hall: May I put one or two questions, Your Honor? 

I was wondering if this was re-direct?
Mr. Walker: Mine was re-direct.
Mr. H all: I would one or two questions on that.
Mr. Walker: All right.
Q. Capt, Garrison, I believe you said that you were 

present when the defendant was told to go ahead and leave?



30

A. That is correct.
Q. Now, did he refuse to leave?
A. By not leaving. He didn’t verbally refuse.
Q. He didn’t say he wasn’t going to leave?
A. No. The only statement he made, as I recall, was if 

the Freedom Riders were going to jail—he didn’t use that 
term of course—but he said if they were going to jail he 
wanted to go also, or words to that effect.

Q. Was that part of an effort to persuade you and Chief 
Moore not to arrest the Freedom Riders? Was that the 
tail-end of a statement or was that the entire statement?

A. That is all I recall of it. Of that particular state­
ment that was the entire statement because I was standing 
right there and that was it.

Q. He did not say, “ I am not going” ?
A. He didn’t say that.
Q. How long would you say the entire interchange took 

place? You said two or three minutes?
A. No, I did not say two or three minutes. I wouldn’t 

say the exact time.
[fol. 28] Q. Do you have any judgment as to the time?

A. No. It was a short time. It wasn’t long, but I wouldn’t 
attempt to place it in minutes because at the time being we 
were under stress and strain.

Mr. H all: That is all. Thank you.
(Witness excused)

Capt . J ack  A. W aeken, called as a witness, being first 
duly sworn, was examined and testified as follows:

Direct examination.

By Mr. Walker:
Q. State your full name?
A. Capt. Jack A. Warren, Birmingham Police Depart­

ment.
Q. How long have you been employed in the Police De­

partment?
A. Fifteen and one-half years about.



31

Q. Did you have an occasion to go to Greyhound Bus Sta­
tion on May 17th of this year?

A. I was on duty there, yes, sir.
Q. What was the nature of your assignment at the Grey­

hound Bus Station?
A. On that date there was a great deal of tension at the 

Greyhound Bus Station due to the Freedom Riders being 
there at that time, and I was stationed outside of the bus 
station proper, specifically, I was where the buses are 
loaded, and there was a great crowd of people out there. 
And during this time, I recall it was between 4 and 5 o’clock 
in the afternoon, Chief Moore came to the bus station and 
he was going to arrest the Freedom Riders and put them 
under protective custody, and he approached them and in­
formed them of his name and his rank and so forth in the 
Police Department and told them what he was going to do, 
and at this time Reverend Shuttlesworth was in the group 
or to one side of it, and, as I recall, he pressed to the 
fore-front there and Chief Moore informed him if he inter­
fered he would have to arrest him also, and the Reverend 
Shuttlesworth made the statement during the course of 
the conversation if he arrested them—I mean by that the 
Freedom Riders—he wanted him to arrest him also.

Q. Did Chief Moore at any time tell the defendant to 
move?

A. He did ask him to get out of the way and not inter­
fere with him.
[fol. 29] Q. And what response did the defendant make 
to that ?

A. He didn’t make any.
Q. What did he do?
A. He remained there.
Q. Were you present when the Freedom Riders arrived 

in Birmingham on that occasion ?
A. To the best of my knowledge and recollection I was 

at the bus station when they arrived there, yes, sir.
Q. Did the defendant come in with them, or do you know?
A. I don’t know.
Q. Did the Freedom Riders have bus tickets ?
A. I don’t positively know the answer to that, but as I 

recall I think they did.



32

Q. Were they trying to go anywhere or do yon know?
A. Yes, it seems to me they were trying to get on a bus,
Q. Were they able to catch a bus?
A. I don’t remember. I cannot answer that question and 

be specific about it. Just what the reasons were that they 
could or couldn’t go or whatnot, I left shortly after they 
were put under protective custody and I can’t answer that 
question.

Q. I was thinking more specifically of the period of time 
prior to the time they were placed in protective custody 
if they had made any effort to leave Birmingham on a bus?

A. I believe they were waiting to get on a bus or making 
an effort to get on a bus as I recall.

Q. Let me ask you this. You say there was a large crowd 
gathered at the bus station on that occasion?

A. Oh, yes, sir.
Q. Do you have any opinion as to the size of the crowd?
A. I would hesitate to say, sir, except the bus station 

proper was crowded. There were a great many people 
in it and there were a great many people—I wouid say in 
the neighborhood of maybe a minimum of 250 or 300 on 
the streets nearby on all sides of the bus station.

Q. What was the attitude of these people?
[fol. 30] A. Well, as I say, there was a great deal of ten­
sion at the bus station during this period.

Q. How was this evident?
A. You could see it in the faces of the people in the crowd, 

you could tell it in the talking to themselves and their 
muttering and trying to press forward toward the bus 
loading platform. I was very much aware of that. As a 
matter of fact, that is the reason I was there.

Mr. Walker: I believe that is all.

Cross examination.

By Mr. Hall:
Q. Capt. Warren, what time did you leave the Greyhound 

Bus Station that night?
A. I am not sure. I think, as I recall, that I left there 

shortly after the Freedom Eiders were placed in protec­



33

tive custody and I believe that was about to the best of my 
knowledge and recollection maybe somewhat after 5 o’clock.

Q. Now, I believe you testified that when Chief Moore 
approached these Riders to place them in protective cus­
tody where were they standing—where were the Riders 
standing! Do you recall?

A. To the best of my recollection when he approached 
them and told them who he was I believe they were standing 
by a Greyhound bus close to the entrance of the bus as I re­
call.

Q. That is on the outside of the station, isn’t it?
A. Yes, sir, it was on the station proper ground but it 

was not on the inside of the station itself.
Q. Was there a lot of noise out there? Was the crowd 

making any noise ?
A. Well, I wouldn’t say there was a great, deal of noise. 

There were a lot of people around the buses and the buses 
were starting and so forth like that that caused a lot of 
noise.

Q. I believe you said the defendant was standing with the 
group of Freedom Riders when the Chief walked up, is 
that true ?

A. Yes.
Q. Was he standing and talking to them?

[fol. 31] A. I will qualify that this way. I don’t know 
that he was with them all the time, but he was there at the 
time Chief Moore put them under protective custody.

Q. He was there when the Chief and Capt. Garrison 
came up and put them under protective custody?

A. Yes.
Q. Did you hear this defendant made a statement of this 

type—you were close enough to hear him speak, were you 
not?

A. Yes.
Q. Did you hear him make a statement to the effect that 

we are all here together trying to get a bus out for Mont­
gomery?

A. I don’t remember that. I don’t mean that he didn’t 
say it, I just don’t recall it.

Q. Did you hear him say anything?



34

A. The only remark that I remember him making was 
to the effect, “ If you arrest them, take me too,” or “ If 
you arrest them, arrest me too.” And the Chief asked him 
not to interfere and to get back out of the way. Now, that 
is pretty much the only remark I remember being made.

Q. How was he interfering at that time?
A. Well, in this way-—
The Court: Don’t you have to ask what was said and done 

instead of having him define the word “ interfering” ?
Q. What did Chief Moore say to this defendant at that 

time specifically when he first, walked up?
A. I don’t recall that he addressed him specifically on 

his initial approach.
Q. Not of that, but what did he say to Fred Shuttles- 

worth when he first spoke to him?
A. I don’t remember right off.
Q. Now, do you remember a conversation between Chief 

Moore and Fred Shuttlesworth? Were you present at 
that time?

A. The conversation, such as it was that took place 
between Chief Moore and the Reverend Shuttlesworth was 
at the fore-front of the group of Freedom Riders. The 
Chief was at the front of them at the bus and the Reverend 
[fol. 32] Shuttlesworth was there and the Chief endeavored 
then after he placed them under protective custody to get 
them down the ramp toward the waiting patrol wagon, 
and the Reverend Shuttlesworth was in between the Chief 
and the Freedom Riders going along with them after hav­
ing been asked not to interfere.

Q. So, he was going along with them down the ramp?
A. That is correct.
Q. Towards the waiting patrol wagon?
A. In that general direction, yes.
Q. And was it at that time that he made the statement 

that you testified to previously?
A. No, there could have been some more words passed 

subsequent the initial statement, but at the time this con­
versation took place was at the bus before the movement 
started toward the patrol wagon, and it was about 20 feet 
I would estimate from the bus to the patrol wagon.



35

Q. Did either the Chief or Fred Shuttlesworth raise their 
voices in speaking to each other?

A. I think not, no.
Q. Did yon see the defendant do any physical act to stop 

the Chief from placing these Eiders in custody other than 
standing there as you testified?

A. I did not.
Q. Did the Eiders resist arrest?
A. No.
Q. Did Fred Shuttlesworth resist arrest?
A. No.
Mr. Hall : That is all.
Mr. Walker: That is all.
(Witness excused)

O fficer T. T. T ram m ell , called as a witness, being first 
duly sworn, was examined and testified as follows:

Direct examination.

By Mr. Walker:
Q. State your full name, Officer Trammell?

[fol. 33] A. Officer T. T. Trammell, Patrolman, City of 
Birmingham.

Q. How long have you been so employed?
A. Approximately eight years.
Q. On May 17th this year did you have occasion to be 

at the Greyhound Bus Station at approximately 4:30 or 
5 o’clock?

A. Yes, I  did.
Q. Who were you with on that occasion?
A. I went over there from City Hall with Officer A. Y. 

Parker and my superior officer was over there also, Chief 
Moore, Capt. Garrison, and numerous other fellow officers.

Q. Now, were you present when the defendant was 
arrested?

A. Yes, I was.
Q. And who arrested the defendant?



A. I arrested him on the orders of—I believe it was Capt. 
Garrison. Of course, Capt. Garrison and Chief Moore were 
right there together and so was I, along with other officers, 
but I believe it was Capt. Garrison told me.

Q. When did you first see the defendant on that occasion 
at the time he was arrested immediately before that? Did 
you see the defendant say five minutes before or two min­
utes before?

A. Yes.
Q. What was the defendant doing at that time, if any­

thing ?
A. The defendant was standing in a crowd of the Free­

dom Riders there. They were in a circle, as a matter of 
fact, or a semi-circle all gathered up together and he was 
talking. Well, as a matter of fact, I was over there observ­
ing him a lot longer than five minutes before I placed him 
under arrest.

Q. Were you present at any time when Chief Moore 
was talking to the Freedom Riders?

A. Yes, I was.
Q. Where was the defendant at that time, if you know?
A. Well, I don’t know what bus lane it was. You know, 

they have those stalls that the buses pull in when they take 
[fol. 34] passengers, but it was on the south side rear of the 
Greyhound Bus Station.

Q. Where was the defendant in relation to the Freedom 
Riders ?

A. Well, he was standing alone then.
Q. He was with them ?
A. With their luggage and stuff they had with them.
Q. What, if anything, did the defendant do when Chief 

Moore addressed the Freedom Riders?
A. Well, he listened to them. He was right there, and 

if my memory serves me right, he wanted to know why 
they were being placed under protective custody.

Q. Did the defendant move or do anything while the 
Chief was talking to the Freedom Riders?

A. When Capt. Garrison, if I may answer the question 
this way, asked me to place Shuttlesworth under arrest I 
took him by the elbow and told him he was under arrest



37

and first he was a little reluctant and pulled away. Is that 
what you are talking about!

Q. That is part of it. Where was the defendant standing 
when you placed him under arrest ?

A. He was there about the same place. He never left 
that place on the south rear of the Greyhound Bus Station.

Q. Was he between Chief Moore and the Freedom 
Eiders f

A. Approximately.
Q. Did you hear Chief Moore at anytime ask him to move 

out of the way?
A. Yes, I did.
Q. Where was the defendant standing when Chief Moore 

asked him to move out of the way?
A. I don’t recall.
Q. Do you recall whether the defendant did move at that 

time or not ?
A. No, sir, I don’t.
Q. Officer Trammell, was there a crowd at the bus station 

on that occasion ?
A. Yes, there was.
Q. Where was the crowd located, or describe the crowd?
A. Well, a crowd had gathered across the street on the 

[fol. 35] eastern side of 19th Street looking over to the bus 
station. As a matter of fact, they were on 7th Avenue on 
the north side and inside the bus, in front of it, and around 
it.

Q. What was the attitude of the crowd?
Mr. Billingsley: We object to that, Your Honor, as to 

the attitude of the crowd. He doesn’t know what the atti­
tude of the crowd was. It is not shown there was really a 
crowd.

The Court: What was your statement ?
Mr. Billingsley: I say it has not been shown that there 

actually was a crowd as far as the testimony of this officer 
is concerned. However, I am specifically objecting to the 
question as to what was the attitude of the crowd.

The Court: All right.
Mr. Walker: Your Honor, have we established that there 

was a crowd ? I thought we had ?



The Court: Well, I think the objection was addressed to 
the attitude—what was the attitude.

Mr. Walker: Yes, sir.
Q. What did you observe the crowd, if anything?
A. In my best judgment there was a lot of unrest among 

both colored and white that were gathered there and, of 
course, naturally I don’t know if they had tickets or not, 
but it just seemed like everything could just erupt in just 
one fast moment.

Q. Is the bus station your usual assignment?
A. No, sir.
Q. How many officers were working the bus station on 

that occasion, if you know?
A. Well, in my best judgment there was quite a number 

of them.
Q. Would you estimate it over 30?
A. I would say approximately. Not over, but around that.
Q. In that vicinity ?
A. Yes.
Q. Do you have an opinion as to the normal number of 

police officers that work the Greyhound Bus Station?
[fol. 36] A. One on every shift.

Q. Do you know whether the Freedom Riders had tickets?
A. No, I don’t.
Q. Do you know if they were going anywhere?
A . No.

Mr. Walker: I believe that is all.

Cross examination.

By Mr. Hall:
Q. Officer Trammell, were these persons had have been 

referred as Freedom Riders standing in a bus lane at some 
place where passengers usually go at the Greyhound Bus 
Station?

A. Yes. If I may elaborate a little further on that—
Q. Go ahead.
A. In the bus lanes—I say bus lanes, they are stalls or 

something and it is cement and the bus pulls right on up



39

next to the curb and pulls into it and they are numbered, 
and they were standing—as a matter of fact, there was 
a bus in there and they were standing next to it.

Q. Were they trying to board the bus or could yon tell 
from their activities that they wanted to get on the bus or 
did not want to get on the bus?

A. Well, that is what it appeared to me. They were 
there with their luggage right in the stall like it appeared 
they were attempting or were going to.

Q. Now, at that time was Fred Shuttlesworth, the de­
fendant here, was he standing there with them? Was he 
standing there at that time, Officer Trammell?

A. He was.
Q. Did he have his luggage or do you recall?
A. No, if he had his luggage it was setting on the curb. 

He didn’t have anything in his hand as I recall.
Q. If it had it it was on the curb, but from all indications 

he was there with that crowd to catch that bus, is that 
correct?

A. That is correct.
Q. Was that at the time Chief Moore and Capt. Garrison 

came up or just prior thereto ?
[fol. 37] A. Well, let me say this if I may again. That 
when I went over to the bus station me and Officer Parker, 
I didn’t see the Chief until I guess about 10 or 15 minutes 
later. Of course, we were told just to walk around the bus 
station, but he was there with the Freedom. Riders when 
the Chief come up and Capt. Garrison also.

Q. All the Riders and Fred Shuttlesworth was standing 
there at the bus when the Chief came up and said he was 
going to place them under protective custody, is that cor­
rect?

A. That is correct.
Q. Now, how close were you to them at that time?
A. About as close as I am from this gentleman here, 

the recorder.
Q. Would you say two or three feet in your best judg­

ment ?
A. Possibly.
Q. Do you know whether any of these Freedom Riders 

or the defendant Fred Shuttlesworth resisted arrest?



40

A. No.
Q. They didn’t resist arrest at all, did they?
A. Well, let me elaborate on this again, if I may. When I 

placed Fred Shuttlesworth under arrest we took him im­
mediately on the other side of the bus station to where 
Car 25 was parked. That was the car I was assigned to 
that day. And put him in the back seat of the car. What 
took place over there as far as the others are concerned 
after that, I don’t know.

Q. This is something I can’t quite get clear in my mind, 
Officer Trammell. You were told to arrest the defendant, 
is that correct?

A. That is correct.
Q. Did you observe the defendant break any ordinance or 

laws of the City of Birmingham before you arrested him?
Mr. Walker: We object to that, Your Honor. He was just 

following instructions.
The Court: Well, he can answer whether he arrested him 

on instructions or arrested him for some act he saw him 
do or fail to do. He can explain that.

A. I was arresting Fred Shuttlesworth on instructions 
[fol. 38] from my superior officer, Capt. Garrison.

Q. Now, Mr. Trammell, what I am trying to get at, did 
you hear the announcement that Chief Moore made to this 
assembled group of Eiders?

A. I did.
Q. What in effect was that announcement?
A. He first come up and I was standing approximately 

two feet from the group and he said, “ I am Jamie Moore, 
Chief of Police, City of Birmingham.” And then I re­
member that, and then he went on and said a few more 
words and he said, “ I am placing this group, the Freedom 
Riders, or you people, under arrest for protective cus­
tody.” And that is when I arrested Fred Shuttlesworth.

Q. You arrested Fred Shuttlesworth right then?
A. Well, it might have been a couple seconds, I don’t re­

call.
Q. Nothing more was said by the Chief?
A. Not that I recall, no.



41

Mr. Hall: That is all.
Mr. Walker: No further questions.
(Witness excused)
Mr. Walker: That is all for the City in this case, Your 

Honor.
(Recess)
Mr. Walker: Judge Bailes, is it all right if we let 

Trammell go ?
Mr. Hall: Yes.

M otion to E xclude T estim ony  and eoe J udgment and 
C ourt ’s O verruling oe M otion

Mr. Billingsley: Your Honor, at this time we would like 
to make a motion to exclude the testimony in this case and 
ask for a judgment for the defendant, and we further say:

Come now F. L. Shuttlesworth, the defendant in this 
cause, after all the testimony and evidence for the City of 
Birmingham has been given and received in this cause and 
move the Court to exclude said testimony and evidence 
and to give judgment for the defendant, and as grounds for 
said motion, sets out and assigns the following sepa­
rately and severally:

1. The City of Birmingham has not made a case against 
this defendant.

2. All of the testimony and evidence given in this cause 
[fol. 39] indicates that the defendant during the time and 
on the occasion in question really exercised rights and 
privileges given to him as a citizen of the State of Ala­
bama and of the United States of America by the laws and 
constitution of the State of Alabama and of the United 
States of America, and by the First and Fourteenth Amend­
ment to the Constitution of the United States of America.

3. There has been absolutely no evidence introduced 
by the City of Birmingham to support the complaint in this 
cause.



42

4. None of the testimony or evidence offered proves the 
defendant guilty of any criminal act or unlawful acts dur­
ing the time in question.

We further say to the Court there is no necessity to go 
over the evidence involved in this case, and we also file 
our written motion to exclude the testimony and for a 
judgment in this case.

We ask that the Court grant the motion.
The Court: Please let the motion be overruled.
Mr. Billingsley: We take exception, Your Honor.

E vidence on B ehalf oe th e  D efendant

F eed L. S h u ttlesw orth , called  as a w itness, being first 
du ly  sw orn, was exam ined and testified as fo l lo w s :

Direct examination.

By Mr. Hall:
Q. State your name and address, please ?
A. Fred L. Shuttlesworth,3164—29th Avenue, North.
Q. Are you the defendant in this case ?
A. I am.
Q. Were you on May 17th last at Greyhound Bus Sta­

tion in the City of Birmingham after about 3 or 4 o’clock 
in the afternoon?

A. Yes, I had been there three or four hours.
Q. Directing your attention to that time on that par­

ticular occasion, were you at that time arrested by officers 
of the City of Birmingham?

A. After we had been there several hours, yes.
Q. Will you tell the Court what you were doing there at 

the Greyhound Bus Station on that occasion?
[fol. 40] A. A  group of us from the city had joined with 
a group that had come in on a bus from Nashville and we 
were attempting to catch a bus out of the City of Birming­
ham to Montgomery. In fact, we had tried to catch two 
buses.

Q. Had you bought a ticket for Montgomery at that time?
A. Yes, before that time—before that hour.



43

Q. About what time did you go down to the Greyhound 
Bus Station that day ?

A, Between 2 and 3 o ’clock to catch the bus that was 
scheduled around that time—may have been a little after 
2 or 3—I don’t recall the exact moment.

Q. Did that bus go to Montgomery?
A. It did not. We tried to get on it for awhile and "the 

driver refused to drive and we just stood up there at the 
bus ramp by the door, and after awhile the station manager 
announced that that one wasn’t going and we decided to 
wait on the next one which was scheduled out around 5 
o ’clock.

Q. Now, had the next bus that was going to Mont­
gomery, had it come at the time you were standing there 
with the group?

A. No.
Q. You were standing there waiting for that bus ?
A. Yes.
Q. The group you were standing with, were these the so- 

called Freedom Riders ?
A. I believe maybe 12 or more were from Nashville and 

there were 6 local people from Birmingham arrested in that 
group with myself.

Q. Six local people? Now, let’s see if I can understand 
you. You mean that there were 12 persons who had come 
here from Nashville?

A. Twelve or more.
Q. And there were some six persons from Birmingham 

who had joined this group and were on their way to Mont­
gomery ; is that what you mean ?

A. That is correct.
Q. On this particular occasion when Chief Moore came 

up and spoke to you, do you recall that?
[fol. 41] A. I was in the group.

Q. What did the Chief say when he walked up to the 
group?

A. He identified himself and said, “ I am Chief Moore,” 
or words to that effect, Chief of the Birmingham City 
Police, and we have decided to arrest you all for your own 
protection.”

And I asked him what did he say, and he said he decided 
to arrest us for our own protection. And then he recognized



44

me in the crowd and he said, “ Shnttlesworth, are you with 
the group!”

I said, “ I am. We have been trying to get the bus out 
for two hours or more.”

And he said, “Well, you go on, I don’t want any trouble 
out of you.”

And I said, “ I am with the group and I want to catch a 
bus.” And he said, “ If you don’t go on, I will have to 
arrest you.” And I said, “ Well, whatever happens on all 
them will happen to me; we are all together.”

So, he asked—I don’t know—one of the officers to arrest 
me, and they took me in the patrol car and the rest of them 
in the wagon. We all started off about the same time.

Q. You saw Officer Trammell who testified for the City of 
Birmingham just a little while ago!

A. Yes.
Q. Did you recognize him as the officer who arrested you 

on that occasion!
A. He and officer Garrison were the arresting officers, 

and he took me by the hand and said, “ Fred, come on, 
you are under arrest.”

Q. Did you go!
A. Yes.
Q. Did you resist arrest!
A. I did not.
Q. Did you at any time interfere with the—
Mr. Walker: We object to that, Your Honor.
The Court: Might be objectionable in that form.
Q. Did you at any time attempt to restrain Chief Moore 

or any officer of the City of Birmingham in and about their 
duty!
[fol. 42] Mr. Walker: We object, Your Honor. That is 
leading.

The Court: You might just find out what was said and 
what was done. That is always the safest area.

Q. Did you say anything other than what you had just 
testified to!

A. That was the substance of what was said.
Q. Is that all of what you said in substance!



45

A. Yes. After he repeated the second time for me to 
go home, then he said to this Officer Garrison, I believe, 
“ Put him under arrest.”

Q. Did the Chief at anytime ask you to move out of 
his way ?

A. No. He said, “ You go home, I don’t want to be 
bothered with you, I don’t want any trouble out of you.”

Q. Where were you standing during this time?
A. There were at least 18 people in this group—12 or 18 

—or between 18 and 20, and I was in about the front. May­
be there were two or three standing right up with me in the 
front, and there was one standing maybe between me and 
the officers. I was back on the interfringe area of the group.

Q. Were you at anytime standing between the Chief and 
the group?

A. No.
Q. Or between Officer Garrison and the group?
A. The other policemen were closer to the group than 

Chief Moore was at all times.
Q. Did you at anytime offer any resistance?
Mr. Walker: We object to that.
The Court: Sustain.
Q. You testified that there were other persons in that 

group who lived here in Birmingham. Were they also de­
tained in protective custody?

A. Yes, six of them—I believe six local citizens.
Q. And no one else in the group was arrested and charged 

with the violation of any law other than yourself, is that 
right ?

A. That’s right. Of course, I wasn’t told there what I was 
charged with.

Q. What were you told?
A. Nothing but he just told them to place me under ar­

rest. He talked to us as a group and told us we were under 
[fol. 43] protective custody, and then when he discovered 
me in the group he told me to go home.

Mr. Walker: We object to that form of questioning. We 
would rather it come from questions and answers. It is 
non-responsive.

The Court: Leave it in.



46

Q. Did the officer ever tell yon why you were arrested?
A. I had been arrested some time before the charges 

were placed against me.
Q. Had you been carried to the jail before the charges 

were placed?
A. I was in the jail maybe 40 or 30 minutes at least.
Q. Before you were told what you were arrested for ?
A. That’s right.
Mr. H all: That is all.

Cross examination.

By Mr. Walker:
Q. Shuttlesworth, did you live in Birmingham at that 

time?
A. I did.
Q. How long had you lived in Birmingham at that time?
A. Above eight years.
Q. And you are rather well known in Birmingham—I 

mean by that the Police Department knows you, in other 
words, you have acquired a reputation with the Civil Rights 
Movements ?

A. I would presume so.
Q. The same would not be true for the six local people, 

is that true?
A. On the contrary, at least three of the people who were 

arrested were always seen with me at meetings and where- 
ever I be by the police so that they knew at least three 
of the men.

Q. You say there were 18 of the Freedom Riders all 
tolled, is that correct ?

A. If you count the local citizens, there were 18 or 19. 
I think the number of people that came in on the bus was 
12 as I recall.

Q. Where did they come from?
A. From Nashville, Tennessee.
Q. And you know from your own knowledge that Chief 

Moore knows all six of these local people, is that correct, 
or three of these local people?
[fol. 44] A. I said he had seen them.



47

Q. Do you know for a fact that he knows them?
A. I think so. One or two of them surely.
Q. When has Chief Moore himself seen those people 

that you know of ?
A. On several occasions at the church after the bombing 

we went down to have audiences with Chief Moore. WTe had 
had one or two I am sure.

Q. How many people did he see on the occasion after 
the bombing besides those two or three?

A. Chief Moore came out to the church several times and 
these particular persons to whom I refer were always 
with me. In fact, Chief Moore referred to one of them as 
a body guard for me one time in testimony in this court.

Q. Now, you have a church, is that correct— or did have 
a church?

A. I was pastor at that time of the Bethel Baptist in this 
city in North Birmingham.

Q. You have rode buses in and out of Birmingham be­
fore, have you not?

A. Yes, sir.
Q. And you were never arrested for riding a bus or 

anything of that nature ?
A. You mean not local buses?
Q. I mean interstate buses, Greyhound buses and Trail­

way buses ?
A. Not before that time as I recall.
Q. Now, these Freedom Bides are sponsored by COBE, 

is that correct ?
A. There was a national group that came from Washing­

ton that was sponsored by COBE. The group that came 
Wednesday subsequent to Sunday May 14th were not spon­
sored by COBE. As I understand, they were a local group 
that decided themselves to do it.

Q. And these 12 people that came in from Nashville, were 
they all from Nashville?

A. Well, they were students maybe from different locali­
ties, but they were residents at that time at the colleges 
and universities in Nashville, Tennessee.

Q. All 12 of them from Nashville?
A. All 12 of them.



48

Q. In schools there?
[fol.45] A. Yes.

Q. These 6 local people, were they in school in Nashville?
A. I believe one of the 6 local people was a girl who had 

been in school in Nashville but she was in Birmingham 
on vacation. There was two ladies arrested locally and she 
was one of those.

Q. Did you see the large crowd that had gathered around 
the bus station?

A. Now, you are referring to Wednesday May 17th?
Q. That’s right, at the time you were arrested?
A. The groups that was around the bus station on 

Wednesday was nowhere near what the group had been 
there before. There were some people in the alley, yes.

Q. Wasn’t there people standing out on 7th Avenue and 
19th Street?

A. Well, if you refer to all of the day, the crowd gathered 
as the day wore on and as the Press talked about the 
activities of the group, the crowd became—as people got 
off from work the crowd became larger naturally.

Q. You were aware that there had been some trouble at 
the Trailway Bus Station—

Mr. Billingsley: We object to that and ask it be stricken 
from the record. This incident involves the Greyhound Bus 
Station and the charge is interfering with an officer and has 
nothing to do with some prior happening that occurred on 
another date.

The Court: Let him answer.
Mr. Billingsley: We except.
A. Bead the question back, please.
(Question read)
Q. —the preceding week?
A. I was. I presume most everybody was aware of that.
Q. And you were aware that that involved Freedom 

Eiders, is that correct?
Mr. Billingsley: Your Honor, I would like to object 

again and say that is immaterial, irrelevant and incom­
petent—that last question put by the counsel for the City 
of Birmingham.



49

[fol. 46] Mr. Walker: Your Honor, the fact whether it 
was true or not, we offer it that if he had heard it that it 
would be notice to him of the condition that were likely to 
exist at the Greyhound Bus Station a week later.

Mr. Billingsley: If Your Honor please, we will admit that 
there was some conditions that occurred on another time 
and another place, but as far as this defendant is concerned, 
he is charged with interfering with the business of Chief 
Jamie Moore. Pie is not charged in being in a situation or 
some violence that occurred at some prior time, and it is 
immaterial, irrelevant and incompetent.

Mr. Walker: We feel, Your Honor, that the atmosphere 
of Birmingham at the time is highly material insofar as 
what would constitute interference. If this had happened 
in an open field out in the country it would take probably 
more than it would under the conditions that existed here 
in Birmingham at that time, and we think it is material as 
tending to show the conditions of what existed a week be­
fore to show some relation to what existed on the occasion 
in question.

The Court: Let him answer.
Mr. Billingsley: We except.
A. Bead the question back, please.
(Question read.)
A. The answer is yes.
Q. And you were aware that this trouble involved Free­

dom Eiders, is that correct?
Mr. Billingsley: I would like to object again and assign 

the same grounds of objection as we had on the previous 
question.

The Court: The witness was previously distinguishing 
between the 12 riders out of Nashville and the local 6 who 
joined them as not being under sponsorship of COKE and 
was distinguishing them from other Eiders. I think it is 
competent in that context. Please let him answer.

Mr. Billingsley: We take exception.
(Question read.)



50

A. What the Press calls Freedom Eiders, yes.
Q. And those were different Freedom Riders at the Trail- 

[fol. 47] ways than the ones at the Greyhound Bus Station, 
is that correct!

A. The people at the Trailways Bus Station were adults 
from the North—who started in the North. The people who 
came in from Nashville were students mostly, young people.

Q. And the group from Nashville has no connection with 
CORE whatsoever!

A. That is my understanding. I think they were spon­
sored by the Nashville Christian Leadership or something 
like that.

Q. Were you instrumental in any way in bringing the 
Freedom Riders into Birmingham?

Mr. Hall: Your Honor, we objeet to this question. Im­
material, irrelevant and incompetent. Has nothing to do 
with the issues involved here, which is the charge of inter­
fering with a police officer, whether or not he brought these 
people here or otherwise.

The Court: Let him answer.
Mr. H all: We except.
A. To my knowledge I was not instrumental in bringing 

them into Birmingham, no, sir.
Q. You made no telephone calls or wrote letters?
A. I had received some telephone calls, if that answers 

your question, but I made none in connection with them, no.
Q. Did you receive any telephone calls from them?
A. From the group on the bus or from someone outside 

the city?
Q. From anyone in regard to—
A. Yes, I received the telephone calls— Am I required to 

answer that? The morning that the 12 students—the morn­
ing of the 17th I received a call from Nashville from a 
young lady identifying herself as Miss Diane Nash, con­
cerning it.

Mr. Hall: May it please Your Honor, this defendant has 
been charged with the violation of the State Statute having 
to do with the events of past May 17th which action was 
tried in Judge Frances Thompson’s Court and is now pend­
ing on appeal in the Circuit Court of the Tenth Judicial



51

Circuit. Now, the matters to be litigated are the very mat­
ters which we are going into here and now, and we want to 
object to the asking of these particular questions and re­
quiring this witness to answer these questions when he will 
[fol. 48] have to be on trial and will have to answer them 
sometime soon. We say again they are incompetent; they 
have absolutely no bearing on the issues involved in this 
case, although the answers probably may or may not preju­
dice him in the defense of the case now pending in this court.

The Court: Please let him answer.
Mr. H all: We except.
A. To answer your question, Miss Nash called and said 

some students were enroute at that time about. 5 o ’clock in 
the morning to Birmingham.

Q. And you never talked to any of the 12 until they ar­
rived in Birmingham?

A. I did not.
Q. When did you first see the Freedom Riders from Nash­

ville ?
A. When they got off the bus, those that were allowed to 

get off at the Greyhound Bus Station, I believe around 11 
o’clock or somewhere that morning.

Q. Now, did you buy a ticket to Montgomery?
A. I did.
Q. Hid you have any luggage with you?
A. I had a hand valise I think.
Mr. Walker: I believe that is all.
Mr. H all: We have no further questions.
(Witness excused.)

V era B ro w n , called  as a w itness, be in g  first du ly  sw orn, 
was exam ined and testified as fo llow s  :

Direct examination.

By Mr. Billingsley:
Q. Will you state your name to the Court, please?
A. Vera Brown.



52

Q. Where do you live ?
A. 1432— Tallapoosa Street.
Q. In the City of Birmingham?
A. Yes.
Q. County of Jefferson?
A. Yes.

[fol. 49] Q. Were you present on May 17,1961 at the Grey­
hound Bus Station around anytime between the hours of 
2—from 2 to 5 o ’clock?

A. Yes, I was.
Q. Bo you know the Reverend F. L. Shuttlesworth?
A. Yes.
Q. The defendant in this cause ?
A. Yes.
Q. You do know him ?
A. Yes.
Q. Bid you know him on May 17,1961?
A. Yes.
Q. Was he present on that occasion at the Greyhound Bus 

Station ?
A. Yes.
Q. Bo you recall whether or not there were any other 

Negroes present who had purchased tickets to travel to 
Montgomery, Alabama?

A. Yes, there were.
Q. Had you purchased a ticket?
A. Yes, I did.
Q. Where did you purchase your ticket?
A. At the ticket window.
Q. You purchased it from the ticket window to go where? 
A. To Montgomery, Alabama.
Q. Bo you know whether or not Reverend Shuttlesworth 

had purchased a ticket?
A. Yes, he had a ticket also.
Q. Where was his ticket supposed to take him to?
A. To Montgomery, Alabama.
Q. I ask you further if you recall the presence of Chief 

Jamie Moore at the Greyhound Bus Station on May 17th? 
A. Yes, he was there.
Q. Bo you recall the approximate time Chief Moore ar­

rived at the bus station ?



A. Between the hours of 4:30 and 5 o ’clock. Around that 
time.

Q. Did Chief Moore have any conversation with you?
A. Not me personally.

[fol. 50] Q. Do you know whether he had any conversa­
tions with anyone else in your presence?

A. He spoke to a group of us.
Q. Spoke to a group of you?
A. A  group of people.
Q. What did he say to you?
A. He identified himself and said he came to take us 

under protective custody.
Q. Was the Reverend Shuttlesworth present at that 

time?
A. Yes, he was.
Q. Did he have any conversation with Reverend Shuttles­

worth?
A. Yes. He said something to him.
Q. I see. Do you recall what he said to Reverend Shut­

tlesworth?
A. He said, “ Fred, we don’t want you, why don’t you 

leave or go home.”
Q. He said what?
A. He said, “Why are you here? Why don’t you leave 

and go home,” or something to that effect.
Q. And what did Reverend Shuttlesworth say to him?
A. He said he was with the group and he had bought a 

ticket to go to Montgomery and he wanted to go.
Q. Was anything further said after then?
A. No, there wasn’t.
Q. Do you recall whether or not Reverend Shuttlesworth 

was arrested?
A. Well, after that little conversation Mr. Moore told the 

officers to take him away and arrest him.
Q. Did the Reverend Shuttlesworth make any motions 

toward the Chief to attack him or anything of that nature ?
A. No, he didn’t.
Q. Did he refuse to permit Chief Moore to leave the bus 

station or to go to any other place in the bus station?
A. No, he didn’t.
Mr. Billingsley: That is all.



54

Cross examination.

By Mr. Walker:
Q. Vera, you say that Chief Moore told the defendant, 

[fol. 51] said, “ Fred, why don’t you leave and go home?”
A. Yes, he did.
Q. And what did the defendant do then?
A. He replied by saying he was with the group.
Q. Isn’t it a fact he said, “ If you arrest them, arrest me 

too?”
A. Possibly.
Q. Shuttlesworth lives in Birmingham also, doesn’t he? 
A. You mean prior?
Q. He did at that time?
A. Yes, he did.
Q. And didn’t Chief Moore tell you he was placing the 

group in protective custody ?
A. Yes, he did.
Mr. Walker: That is all.

Redirect examination.

By Mr. Billingsley:
Q. Was Reverend Shuttlesworth with this group that the 

Chief said he was going to place in protective custody?
A. Yes, he was.
Q. Were you later taken to the City jail?
A. We were.
Q. How long were you confined there?
A. About 12 hours.
Q. Were you later charged with violating any of the City 

Ordinances of the City of Birmingham?
A. I don’t know.
Q. You weren’t tried in a court later on, were you?
A. No.
Q. But you were released and sent home?
A. Yes.
Q. Were there any other Negroes present in the group 

from Birmingham?
A. Yes.



55

Q. Do you recall who they were?
A. Yes, I do.

[fol. 52] Q. Who were they?
A. They were Mr. James Armstrong, the Reverend King, 

Mr. Lincoln Hendricks and Mr. Eugene—I can’t think of 
his last name.

Q. Were they taken into custody also?
A. Yes, they were.
Q. And they were subsequently released?
A. Yes.
Q. Do you know whether or not they were charged with 

interfering with an officer—the lawful duties of an officer? 
A. No, I don’t.
Q. Were you charged with that?
A. No, I wasn’t.
Q. Just one more question. Was a Miss Catherine Burke 

also present in this group?
A. Yes, she was.
Q. Does she live in Birmingham?
A. Yes.
Q. What was she doing at the time? Was she in school 

or working at the time this incident took place?
A. She was in school.
Q. Where?
A. Nashville, Tennessee.
Mr. Billingsley: That is all.
(Witness excused.)
Mr. Billingsley: That is all.
Mr. W alker: The City rests.
Mr. Billingsley: Your Honor, the defendant rests and 

we would like to renew our motion to exclude the testi­
mony and a judgment for the defendant.

The Court: Same ruling.
Mr. Billingsley: Take exception.
Mr. Walker : We don’t chose to argue, Your Honor.
Mr. Billingsley: We don’t care to argue.
The Foregoing Was All the Testimony in the Case.

[fol. 53] (Whereupon on December 5, 1961 at 11:10 A.M. 
the Court read orders of the Court in the foregoing styled 
cause, after which the following occurred:)



56

Mr. Hall: I f Your Honor please, did we offer a motion to 
exclude in this case ?

Mr. Billingsley: Yes. We made an oral motion with 
the right to file a written motion which I will bring to the 
Court.

The Court: For the purposes of the record, does it make 
any difference?

Mr. Hall: No, sir.
The Court: I want you to have whatever you are en­

titled to. All right.
Mr. Billingsley: Your Honor, we would like to file notice 

of appeal in this case.
The Court: All right. The appeal bond will be $300.

[fol. 54] Court reporter’s certificate (omitted in printing).
[fol. 55] Clerk’s Certificate to foregoing transcript 
(omitted in printing).

[fol. 56]
I n  th e  Court of A ppeals of A labama 

S ixth  D ivision 856

F red L. S h u ttlesw orth , Appellant,
v.

C ity  of B ir m in g h a m , Appellee.

A ssignments of E rror

Now comes the appellant, defendant in the case below, 
and shows unto the Court that manifest error has been 
committed on the trial of this cause in the court below, to 
the hurt and prejudice of this appellant and as grounds of 
error assigns the following separately and severally:

1. The court erred in overruling appellant’s motion to 
quash filed in this cause. (Tr. 2, 3, 7, 11.)

2. The court erred in overruling the appellant’s de­
murrers filed in this cause. (Tr. 4, 5, 7, 11.)



57

3. The court erred in overruling appellant’s motion to 
exclude the testimony and evidence and to give judgment 
for defendant, to which ruling defendant duly took excep­
tion. (Tr. 6, 7, 38, 39, 52.)

4. The court erred in overruling appellant’s objection 
to the question propounded to the defendant by the City of 
Birmingham as follows:

“ You were aware that there had been some trouble at the 
Trailway Bus Station?”

5. The court erred in overruling appellant’s objection to 
the question propounded to the defendant by the City of 
Birmingham as follows:

“You were aware that this trouble involved Freedom 
Eiders, is that correct?”

6. The court erred in overruling appellant’s objection 
to the question propounded to the defendant by the City of 
Birmingham as follows:

“ Were you instrumental in any way in bringing the Free­
dom Riders to Birmingham?”
to which ruling defendant duly took exception. (Tr. 97.)

7. The court erred in overruling appellant’s objection 
to questions asked of the appellant by the City of Birming- 
[fol. 57] ham concerning telephone calls or letters received 
from some alleged “ Freedom Riders” , to which ruling de­
fendant duly took exception. (Tr. 47, 48.)

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

Certificate of Service (omitted in printing).



I n  th e  Court of A ppeals oe A labama 

O ctober T erm , 1962-63
6 Div. 856

58

[fol, 58]

F red L . S huttles  w orth

v.
City  op B ir m in g h am

Appeal from Jefferson Circuit Court

J udgment— October 23,1962

February 8,1962 
Transcript Filed.

May 3,1962
Come the parties by attorneys, and submit this cause on 

briefs for decision.

October 23,1962
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, it is con­
sidered that in the record and proceedings of the Circuit 
Court there is no error. It is therefore considered that the 
judgment of the Circuit Court be in all things affirmed. It 
is also considered that the appellant pay the costs of appeal 
of this court and of the Circuit Court.



I n  th e  Court of A ppeals op A labam a 

O ctober T erm , 1962-63
6 Div. 856

[fo l. 59]

F red L . S hu ttlesw orth

y .

C ity  oe B ir m in g h am

59

Appeal from Jefferson Circuit Court 
Opin io n—October 23, 1962

Cates, Judge
Shuttlesworth was found guilty under §856 of the City 

Code of Birmingham for interfering with the chief of 
police in the latter’s taking certain Freedom Riders into 
“protective custody.”
[fol. 60] Taking into protective custody we consider to 
mean the receiving of some one who places himself volun­
tarily under the protection of a peace officer.

Outside the bus station was a crowd of some 250 to 300 
shouting for the police to give way, to let them take care 
of the Freedom Riders en route to Montgomery who, on 
the walkout of bus drivers, were stranded in Birmingham. 
The crowd was trying to press forward towmrd the bus 
loading platform. Streets were blocked—Nineteenth en­
tirely ; Seventh Avenue between Eighteenth and Nineteenth.

Shuttlesworth has argued to us that the chief of police 
was not in the discharge of any legal duty. Harris v. Tusca­
loosa, 21 Ala. App. 392, 108 So. 768, does not apply here; 
nor are People v. Papp, 185 N. Y. S. 2d 907, and White v. 
Edmunds [1790], Peake 123, in point.

This argument can avail the appellant nothing, because 
his conduct was also that prohibited by §825 of the City 
Code which provides for the same degree of punishment as 
§856, §825 making it an offense against the City for any



60

person to commit an assault.1 Andersen v. United States, 
D. C. Mun. App., 132 A. 2d 155; affirmed 253 F. 2d 335. See 
Duncan v. Jones [1936], 1 K. B. 218.

The definition of assault is well known from the common 
law. In Kennedy v. State, 39 Ala. App. 676, 107 So. 2d 913, 
we had occasion to consider some of the elements of resist­
ing arrest.

There may be a species of resisting an officer without 
at the same time committing an assault. Cf. Dist. Col. v. 
Little, 339 U. S. 1; Innes v. Wylie [1844], 1 Car. & Kir. 
257; Patterson v. Sylacauga, 40 Ala. App. 239, 111 So. 
'[fol. 61] 2d 25. But under the wording of §856 opposing 
or interfering or hindering are alternatives to resistance, 
so that it is our view that an assault is an offense included 
in §856 in the alternative here pertinent.

Inasmuch as Shuttlesworth blocked the chief’s path us­
ing words from which the intent to do so “ in rudeness or 
in anger” could probably and rationally be inferred, there 
was no error in his conviction, since he heen
clearly convicted of a simple assault. The judgment below 
is due to be

Affirmed.
Price, P. J., and Johnson, J., concur in result.

1 §825 reads: “Any person who commits an assault, or an as­
sault and battery, upon another person, shall, on conviction, be 
punished as provided in section 4.”

§856 reads: “Any person who knowingly and wilfully opposes 
or resists any officer of the city in executing, or attempting to make 
any lawful arrest, or in the discharge of any legal duty, or who 
in any way interferes with, hinders or prevents, or offers or 
endeavors to interfere with, hinder or prevent such officer from 
discharging his duty, shall, on conviction, be punished as pro­
vided in section 4.”

§208 reads: “ The chief of police or any policeman of the city 
has authority and it is his duty to make arrests for offenses against 
the laws of the state in all cases where such authority is now or 
shall hereafter be conferred on such officers by the laws of the 
state, and in making such arrests, whether with or without a war­
rant, they shall have all the authority conferred, and be subject 
to all the duties imposed upon such officer, by the laws of Alabama, 
in existence now or that may hereafter be enacted.”



6 1

I n th e  C ourt of A ppeals of A labam a 

S ix th  D ivision N o. 856

[Title omitted]

A pplication  for R ehearing— November 7,1962
Now comes the Appellant in the above styled cause and 

respectfully moves the Court for a rehearing of this cause, 
and prays that upon such rehearing, that, the Order and 
Judgment of this Court, made and entered on the 23rd day 
of October, 1962, affirming the decision of the Circuit Court 
of Jefferson County, Alabama, finding Appellant guilty of 
a violation of Section 856 of the City Code of Birmingham, 
Alabama, of 1944, and fixing his punishment and fine at 
$100.00 and One Hundred Eighty (180) days at hard labor 
for the City of Birmingham, be set aside and held for 
naught, and that in lieu thereof a Judgment and Decree of 
this Court made, and entered, reversing the said Judgment 
and sentence of the Circuit Court of Jefferson County, 
Alabama.

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

[ f o l .  6 2 ]

I n th e  C ourt of A ppeals of A labama 

O ctober T erm , 1962-63
6 Div. 856

[Title omitted]

Order Overruling  A pplication  for R ehearing—  
November 20,1962

It is ordered that the application be and the same is 
hereby overruled.

Per Curiam.



6 2

I n  th e  S uprem e  C ourt oe A labam a 

No. 6 Div. No. 940 S ix t h  D ivision

[ f o l .  6 4 ]

F red L. S h u ttlesw orth , Appellant, 
vs.

C ity  of B ir m in g h a m , Appellee.

P etition  for Certiorari— Filed December 5,1962
To the Honorable Chief Justice and Associate Justices of 

the Supreme Court of Alabama
1. Comes the Appellant, by and through his Attorneys, 

Peter A. Hall and Orzell Billingsley, Jr., and respectfully 
petitions this Honorable Court to review, revise, reverse 
and hold for naught that certain Judgment of the Court 
of Appeals rendered on to-wit: October 23, 1962, wherein 
Fred L. Shuttlesworth was Appellant and the City of Bir­
mingham was Appellee, which Judgment affirms a Judg­
ment of the Circuit Court of Jefferson County, Alabama.

2. Your petitioner avers that application to the Court 
of Appeals for a Rehearing of said cause and Brief in sup­
port thereof were duly filed by your petitioner within the 
time required by law, and that said application for re­
hearing was overruled by said Court of Appeals on the 
20th day of November, 1962.

3. Your petitioner respectfully shows unto the Court 
that this cause arose from a complaint filed by the City of 
Birmingham, charging your petitioner with violating Sec. 
856 of the General City Code of Birmingham, viz:

“ Any person knowingly and wilfully opposes or re­
sists any officer in executing or attempting to make 
any lawful arrest, or in the discharge of any legal 
duty, or who in any way interferes with, hinders or 
prevents, or offers or endeavors to interfere with 
hinder or prevent such officer from discharging his



6 3

duty, shall on conviction be punished as provided in 
Section 4.

4. Your petitioner filed a Motion to Quash the Com­
plaint and Demurrers to the Complaint, on grounds that 
the Complaint was so vague and indefinite as not to apprise 
the Appellant of what he was called upon to defend, and 
further, that the ordinance which formed the basis of the 
[fol. 65] prosecution, as applied to appellant, constituted 
an abridgement of the privileges and immunities guaran­
teed by the Constitution of the United States and that the 
ordinance was unconstitutional on its face.

5. The Court overruled the Motion to Quash and the 
Demurrers whereupon petitioner was tried without a jury, 
and was found guilty of interfering with an officer in the 
performance of his lawful duties and fined One Hundred 
($100.00) Dollars and costs, and sentenced to a term of 
One Hundred & Eighty (180) days of hard labor for the 
City of Birmingham.

6. Your petitioner filed a Motion to Exclude the Evi­
dence, at the close of the City’s case, which Motion was 
denied. After judgment and sentence, petitioner filed a 
Motion for a New Trial, which Motion was denied, and 
petitioner perfected his appeal.

7. Petitioner on appeal argued that at the time in ques­
tion, the Chief of police was not in the discharge of any 
lawful duty. However, the Court of Appeals discounted 
this argument in its opinion and found that petitioner’s 
conduct in blocking the Chief’s path, attended with words 
from which it could “ probably” and “ rationally” be inferred 
that he intended to do so, “ in rudeness or in anger” , 
amounted to an assault prohibited by the General City 
Code of Birmingham, Section 825. The Court further found 
that an assault is included in Section 826.

8. That the Propositions of Law involved, which peti­
tioner claims should be reviewed and revised by this Court, 
are as follows:

A. That the Ordinance and Complaint, the basis of 
the prosecution, are unconstitutional on their face,



6 4

that they are so vague, indefinite and uncertain as to 
constitute a deprivation of liberty, without due process 
of law, in violation of the Fourteenth Amendment to 
the United States Constitution.

B. That the Ordinance and Complaint, the basis of 
the prosecution and conviction, as applied to petitioner, 
constitute an abridgement of the privileges and im­
munities, and a denial of due process of law, the equal 
protection of the laws, all in violation of the Four­
teenth Amendment to the United States Constitution.
[fol. 66] C. That your petitioner’s action might con­
stitute an assault on the Chief of Police.

Wherefore, Your petitioner most respectfully prays that 
a Writ of Certiorari be issued out of and under the seal 
of this Court, directed to the Court of Appeals of Alabama, 
commanding and requiring said Court to certify and send 
to this Court, on a day certain to be designated by this 
Court, a full and complete transcript of record, and all 
proceedings of said Court of Appeals of Alabama, in the 
Cause numbered and entitled aforesaid, to the end that 
this cause may be reviewed and determined by this Hon­
orable Court, as provided by law and the rules and practice 
of this Court, and that this Court thereupon proceed to 
review and correct the errors complained of and to reverse 
the Judgment of the Court of Appeals or render such Judg­
ment as said Court should have rendered.

Petitioner prays that this Honorable Court suggest and 
require the Court of Appeals to Stay or recall its Cer­
tificate of Affirmance of said cause, during the pendency 
of this petition.

And petitioner prays for such other, further and addi­
tional relief in the premises as to this Court may seem 
appropriate, and to which he may be entitled, and your 
petitioner will ever pray.

Respectfully submitted,
Peter A. Hall, Orzell Billingsley, Jr., Attorneys for 

Appellant.



65

[fol. 67] Duly sworn to by Peter A. Hall, jurat omitted 
in printing.

Certificate of Service (omitted in printing).

[fol. 68]
In  th e  S upreme Court op A labama 

O ctober T erm , 1962-63
6 Div. 940

F red L. S h u ttlesw orth

v.

C ity  of B irm in g h am

Petition for Writ of Certiorari to Court of Appeals 
Opin io n—December 20,1962 

M errill , Justice.
The petition for certiorari to the Court of Appeals must 

be stricken because it is not on transcript paper. Supreme 
Court Eule 32; Ex parte Cranmore, 129 So. 2d 688; Ex 
parte Davis, 269 Ala. 58, 110 So. 2d 306; Accardo v. State, 
268 Ala. 293, 105 So. 2d 865; McDonald v. Amason, 267 
Ala. 654, 104 So. 2d 719; Ladd v. State, 266 Ala. 586, 98 
So. 2d 59.

Petition for Writ of Certiorari Stricken.
Livingston, C. J., Simpson and Harwood, JJ., concur.



Isr th e  S uprem e  C ourt of A labama 

No. 940 S ix th  Division

6 6

[ f o l .  6 9 ]  [ F i l e  e n d o r s e m e n t  o m i t t e d ]

[Title omitted]

A pplication  for R ehearing— Filed January 4,1963
Now comes petitioner, in the above styled cause, and 

respectfully moves this Honorable Court to grant to him a 
Rehearing in said cause, and reverse, revise and hold for 
naught its judgment rendered on to-wit, the 20th day of 
December, 1962, denying petitioner the Writ of Certiorari 
and striking the petition, and to enter an Order reinstating 
petitioner’s said petition, and directing that a Writ of Cer­
tiorari be issued out of and under the Seal of this Court, 
to the Court of Appeals of Alabama, to the end that this 
cause may be reviewed and determined by this Honorable 
Court.

Appellant further moves the Court to grant a Stay of 
Execution in this cause, during the pendency of this Appli­
cation for a Rehearing.

Submitted herewith is a Brief and Argument, in support 
of said Motion.

Peter A. Hall, Orzell Billingsley, Jr., 1630 Fourth 
Avenue, North Birmingham, Alabama, Attorneys 
for Appellant.



6 7

I n th e  S upreme C ourt of A labama 

The Court Met Pursuant to Adjournment 
Present: All the Justices

[ f o l .  7 0 ]

6th Div. 940
[Title omitted]

Order S trik in g  P etition  for C ertiorari—  
December 20,1962

Comes the Petitioner and the petition for Writ of Cer­
tiorari to the Court of Appeals being submitted on briefs 
and duly examined and understood by the Court,

It Is Considered and Ordered that the petition is hereby 
..stricken at the cost of Petitioner for which costs let execu­
tion issue.

Opinion by Merrill, J.

Livingston, C. J., Simpson and Harwood, J. J., concur.

I n  t h e  S upreme Court of A labama 

Present: All the Justices
6th Div. 940

[Title omitted]

Order Overruling  A pplication  for R ehearing—  
February 28,1963

It Is Ordered, that the application for rehearing filed on 
January 4, 1963, be and the same is hereby overruled.

No Opinion Written on Rehearing.

[fol. 71] Clerk’s Certificate to foregoing transcript
(omitted in printing).

[fol. 72] Clerk’s Certificate to foregoing transcript
(omitted in printing).



S upreme Court op th e  U nited S tates 

No. 168, October Term, 1963

68

[ f o l .  7 3 ]

F red L. S h u ttlesw orth , Petitioner, 
vs.

C ity  op B irm in g h am

Order A llow ing  Certiorari— October 14,1963
Tbe petition herein for a writ of certiorari to the Court 

of Appeals of the State of Alabama is granted, and the 
case is placed on the summary calendar.

And it is further ordered that the duly certified copy of 
the transcript of the proceedings below which accompanied 
the petition shall be treated as though filed in response to 
such writ.

Mr. Justice White took no part in the consideration or 
decision of this petition.