Fikes v. Alabama Index
Public Court Documents
January 1, 1956
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SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1956
No. 53
WILLIAM EARL FIKES, PETITIONER,
vs.
STATE OF ALABAMA
OST WRIT OF CERTIORARI TO THE SUPREME COURT OF STATE OF
ALABAMA
INDEX
Original Print
Record from the Circuit Court of Dallas County, Ala
bama ........................................................................................ 1 I
Caption .....................................(omitted in printing). . 1
Indictment .......................................................................... 1 1
Arraignment ....................................................................... 1 2
Special venire drawn and allowed................................... 2 3
Motion to quash indictment............................................. 4 4
Motion to quash venire..................................................... 10 8
Amendment to motion to quash venire.......................... 12 10
Judgment ........................................................................... 13 11
Sentence .............................................................................. 14 12
Given charges ..................................................................... 15 13
Motion for a new trial....................................................... 25 19
Judgment o f the Court on motion for new trial.......... 29 24
Transcript o f testimony on motions................................... 30 25
Appearances .............................................. 30 25
Colloquy between Court and counsel...................... 34 25
Testimony o f Arthur Morrison P it t s -
Direct ......................................... 35 27
Cross ......................................... 37 30
Redirect ..................................... 38 31
Reeross ....................................... 40 33
Redirect ..................................... 40 34
Recross ....................................... 42 36
Judd & Detweilee (Ino.), Pbintbrs, W ashington, D. C., A ug. 27, 1956
11 INDEX
Record from the Circuit Court of Dallas County, Ala
bama— Continued
Transcript of testimony on motions— Continued
Testimony of— Continued
McLean Pitts— Original
Direct ......................................... 42
Cross ......................................... 43
Thomas G. Gayle—
Direct ......................................... 44
Cross ......................................... 45
Redirect ..................................... 45
Recross ....................................... 46
William B. Craig—•
Direct ......................................... 47
Cross ........................................... 47
M. Alston Keith—
Direct ......................................... 48
Cross .......................................... 49
Harry W . Gamble—
Direct ......................................... 49
Cross .......................................... 50
Royal Randolph Smith—
Direct ........................................ 50
Cross ............................................... 51
Edgar A. Stewart—
Direct ............................................. 52
Cross ............................................. 53
B. Valentine Hain—
Direct ............................................. 55
Cross ......................................... 56
Chambliss Keith—
Direct ............................................. 56
Cross ............................................. 57
John Randolph Smith—
Direct ............................................. 57
Cross ............................................. 58
Redirect ......................................... 58
Archie T. Reeves—
Direct ............................................. 58
Cross ............................................. 60
Redirect ......................................... 61
James A. Hare—
Direct ......................................... 61
Cross ............................................. 63
Redirect ......................................... 64
John P. Purniss—
Direct ............................................. 65
Cross ............................................. 66
Redirect ......................................... 67
Wallace H i l l -
Direct ............................................. 68
Print
36
38
39
40
41
42
43
44
44
46
47
48
48
49
50
52
52
54
54
55
55
57
57
58
60
61
61
64
65
67
68
69
70
INDEX m
Record from the Circuit Court of Dallas County, Ala
bama— Continued
Transcript o f testimony on motions— Continued
Testimony of— Continued
C. C. Thomas—- Original Print
Direct ........................................ 77 83
Cross ......................................... 85 95
Kenneth M. Harper—
Direct ........................................ 87 97
Wallace Hill (recalled)—
Direct ...................................... 93 107
Cross ......................................... 94 108
Redirect .................................... . . 97 113
Mrs. Pauline K. Barnes—
Direct ...................................... 101 114
Cross ......................................... 102 115
Redirect .................................... 103 117
Recross ...................................... 103 117
W. C. McCain—
Direct ...................................... 104 118
Cross ........................................ 108 123
Redirect .................................... 109 125
Recross .................................... 110 127
Kenneth M. Harper (recalled)—
Direct ........................................ 116 127
Cross ......................................... 117 128
Recross .................................... 120 130
Redirect .................................. 120 131
Recross .................................... 122 132
C. D. Scott, 2nd—
Direct ........................................ 290 133
Wallace Hill (recalled)—
Direet ........................................ 311 137
Cross ........................................ 334 155
Redirect .................................. 336 158
C. C. Thomas (recalled) —
Cross ........................................ 345 159
H. C. Reed (recalled)—
Cross ........................................ 346 160
Kenneth M. Harper (recalled)—
Direct ...................................... . 348 161
Cross ........................................ 857 165
Redirect .................................... 357 166
Recross .................................... 362 168
W. C. McCain (recalled)—
Direct ...................................... 367 169
Cross ........................................ 375 170
Reeross .................................... 388 174
Redirect .................................. 389 176
Mrs. Pauline K. Barnes (recalled) -
Direet ...................................... 409 177
IV INDEX
Record from the Circuit Court of Dallas County, Ala
bama— Continued Original Print
Transcript of testimony on jury1 trial .......................... 526 180
Colloquy between court and counsel...................... 528 180
Testimony of Mrs. Jean Heinz Rockwell—
Direct ........................................ 531 181
J. Wilson Baker—
Direct ........................................ 553 188
Cross ........................................ 557 194
Redirect .................................... 565 204
Cross ......................................... 566 206
Redirect .................................... 569 209
Recross ...................................... 569 210
Ed W. Mullen—
Direct ........................................ 575 218
Cross ............ 575 219
Redirect .................................... 579 224
Cross ......................................... 5180 224
Redirect .................................... 580 225
Recross ...................................... 580 225
J. Wilson Baker (recalled) —
Direct ........................................ 581 227
Cross ........................................ 582 228
Redirect .................................... 583 229
Recross ...................................... 583 229
State’s Exhibit 3— Excerpt from tape recording
of conversation between Captain J. Wilson
Baker and the defendant .................................... 585 232
Testimony of J. Wilson Baker—
Redirect .................................... 590 237
Cross ........................................ 595 241
Redirect .................................... 603 250
Recross .................................... 606 255
Plaintiff’s Exhibit 1— Confession of William
E. Fikes ................................................................. 609 259
Testimony of Mrs. Deloris Stenson—
Direct ........................................ 617 263
Mrs. Claude Binford—
Direct ........................................ 626 264
Redirect .................................... 628 265
Recross ...................................... 629 266
W. D. Bailey—
Reeross ...................................... 631 266
Redirect .................................... 633 269
Recross ...................................... 634 269
Redirect .................................... 634 270
Recross ...................................... 634 270
Thomas H. Home—
Direct ........................................ 640 271
Record from the Circuit Court of Dallas County, Ala
bama— Continued
Transcript of testimony on jury trial— Continued
Testimony of— Continued
Brady Bamburg— Original Printt
Direct ........................................ 657 275
Cross ......................................... 662 278
Redirect .................................... 665 280
Dr. Willis Edgar Lewis—
Direct ........................................ 682 282
Cross ........................................ '685 286
Dr. Gordon C. Looney —
Direct ................ ' ....................... 686 287
Cross ......................................... 690 291
Dr. Alan P. Smith, J r . -
Direct ........................................ 694 292
Willie Pikes—
Direct ......................................... 702 298
Cross ......................................... 705 302
Redirect .................................... 706 304
Recross ...................................... 707 305
Irene Pikes—
Direct ........................................ 708 306
Cross ......................................... 709 307
Redirect .................................... 709 308
Mrs. Gladys Chambliss—
Direct ........................................ 724 309
Cross ......................................... 727 312
Redirect ............. 729 314
Reeross ...................................... 729 315
C. P. Burford—
Direct ........................................ 733 320
Cross .......................................... 735 323
Defendant’s Exhibit E— Newspaper article........ 738 327
Testimony o f C. P. Burford—
Cross ...................................... 739 328
Redirect .................................... 744 331
Recross .................................... 744 331
Redirect .................................... 745 332
Reeross ...................................... 745 332
Colloquy ..................................................................... 796 333
Verdict ....................................................................... 796 333
Proceedings in the Supreme Court of Alabama.................. 803 335
Assignment of errors ............................................................... 803 335
Opinion, per curiam ................................................................. 806 337
Opinion, concurring specially, Lawson, J. .......................... 820 337
Judgment of affirmance ........................................................... 821 353
Motion for rehearing ............................................................... 823 354
Order denying rehearing .............................................. 826 354
Order extending time to file petition for writ o f certiorari. 833 355
Order granting motion for leave to proceed in forma
pauperis and petition for writ of certiorari.................... 835 355
INDEX V
1
[fol. 1] [Caption omitted]
IN CIRCUIT COURT OF DALLAS
COUNTY, ALABAMA
No. 8072
T h e S tate of A labam a ,
vs.
W il l ia m E arl F ikes
I n d ictm en t— Filed November 12, 1953
# # * * # * #
The Grand Jury of said County charge that before the
finding of this indictment William Earl Fikes did, in the
nighttime., with intent to ravish, break into and enter the
inhabited dwelling of Almon S. Rockwell which was occu
pied by Jean Heinz Rockwell, a person lodged therein.
Against the peace and dignity of the State of Alabama.
James A. Hare, Solicitor of 4th Circuit.
Grand Jury No. 43: The State of Alabama vs. William
Earl Fikes; Charge: Burglary, 1st degree; No Prosecutor;
Witnesses: Jean Heinz Rockwell, W. D. Bailey, J. W.
Baker, W. M. Ware, W. L. Sowell, Auburn, Ala., C. P. Bur-
ford, Kilby.
A True Bill, John P. Furniss, Foreman of the Grand
Jury.
[File endorsement omitted]
1—53
2
I n C ircu it C ourt o r D allas C o u n ty , A labam a
A rraignm ent
The Defendant and Ms Attorneys, Peter A. Hall and
Orzell Billingsley, Jr. being in open Court and defendant
being duly and legally arranged, pleads “ Not Guilty,”
and not guilty by reason of insanity, whereupon it is or
dered by the Court:
1. That Monday, the 7th day of December, 1953, be and
the same is hereby set for the trial of this case.
2. That the Sheriff summon 3 Jurors for the trial of this
case, including the regular 75 Jurors drawn for the week
of the trial.
3. That the names of 3 Jurors be drawn from the Jury
B on, who, together with the 75 regular Jurors drawn for
the week in which this case is set for trial, shall be those
[fol. 2] allowed for the trial of this case, and thereupon
the Presiding Judge of said Court in open Court in the
presence of the Defendant and his Attorney, in accordance
with the law in such cases made and provided, drew from
the Jury Box of Dallas County, Alabama, the names of 3
Jurors to complete the Venire fixed and allowed for the
trial of this case.
4. That a list of all said Jurors, regular and special, to
gether with a copy of the indictment be forthwith served
on the Defendant by the Sheriff.
The names of the said 3 special jurors drawn for the
trial of this case, are as follows, to-wit: 1. Eddie Hood, 2,
Woodrow W. Long, 3. Robert K. Neville.
3
I n C ircu it C ourt of D allas C o u n ty , A labam a
[Title omitted]
S pecial V en ire D raw n and A llowed
No. Name
1— Arthur A. Pitts
2— George E. Jones
3— Edwin Browning
4— Thomas J. Smith
5— H. C. Plummer
6— John T. M'oore
7— A1 Smith
8— John Phillips
9— Willie Smith
10— Jesse H. Norris
11— Clarence W. Eastep
12— Nat G. Rudolph
13— John A. Lockett
14— Gordon A. Giraud
15— John P. Peake
16— Ralph Stoudenmire
17— W. D. Powers
18— Cecil C. Jackson
19— Morgan Barnes
20— Chester 0. Porter, Jr.
21— J. Douglas Phillips
22— Carroll E. Jackson
23— Jack C. Brown
24— Clyde Pardue
25— W. Drury Caine
26— Davis R. Gamble
27— John Henry Roberts
28— James Siegler
29— Chester B. Rainwater
30— H. M. Story
31— N. Gillis Cammack
32— Robert Jones
33— James L. Walsh
34— William T. Whiten
35— Young Childers
36— Vester R. McKinney,
Sr.
37— H. A. Waites
38— S. E. Hopkins
39— Earl C. Day
Occupation
RR Exp. Co.
County Engineer
Parmer
R. L. Zeigler
Farmer
Parmer
Farmer
I. Lewis Cigar
Co.
Parmer
Sou. R. R.
Eastep-Haisten
Realty Co.
Postoffice
Smith Auto
Service
Selma Tire
Service
Rawls Machine
Co.
Bartons
City National
Bank
Jackson Cloth
ing Co.
Mechanic
I. Kayser & Co.
Stewart, King,
& McKenzie
Craig Field
Grocer
Parmer
Dairyman
Selma National
Bank
Parmer
Cont. Pulpwood
Sou. RR
Farmer
Parmer
Salesman
Mgr.
Res. Address
632 Union
902 Lauderdale
Tyler
225 Alabama Ave.
Orrville
Burnsville
Orrville
814 Lapsley
Sardis-Kings
1907 Tremont
711 Lapsley St.
Rt. 2
Alabama Ave.
2505 Water
1109 5th Ave.
1901 Tremont
713 Pettus
118 Union
1500 Washington
223 Hooker St.
409 King Street
201 Lamar St.,
Selma
313 Parkman
Summerfield
618 Union
Browns
Plantersville
1524 Broad
Montgomery
Hiway
6 Union
629 Tremont
2100 Lauderdale
Rt. 2
Rt. 2, Box 214
219 Lapsley
2911 Ala.
Selmont
1836 Broad
Bus. Address
W. A. Cain & Son
Montgy. Hiway
Auto Parts Co.
Selma Tin Shop
Sou. R. R.
Rt. 2, Box 214
Barber
Hanna Mfg. Co.
Texas Co.
Day Mtr. Supply Co.
4
f fo l . 3]
No. Name Occupation Res. Address Bus. Address
40— John Willey Farmer Rt. 3, Selma
Burnsville
Rt. 3, Selma
41—Tyler Moore Farmer Burnsville
42— Howard Smitherman 2713 Alabama Sou. R. R.
43— Tom Waller 513 Pettus Dry Cleaner
44— J. L. Tackett Farmer Harrells
45—Wm. K. Smith Farmer 126 Mechanic
46— H. Sam Paisley 619 Alabama Sou. R. R,
47—-Charlie Raseoe, Jr. Farmer
Ave.
Harrells
48— Alex F. Farris, Jr. 11 Cedar Dr. Sou. R. R.
49— Donald M. Russell 716 Dallas Pattillo & Russell
50— Rexford A. Watson 26 BL NBF
Homes
Rt. 1, Selma
Boston Bargain Store
51— Douglas Harris Farmer Rt. 1, Selma
52— R. D. Browning, Jr. Farmer Pleasant Hill Pleasant Hill
53— Osburn L. Green 408 Tremont Ames Bag Co.
(Jack)
54— Crawford E. Cochrane 33 Water City Produce Co.
55— Sam W. Lumpkin 802 7th Ave. Sears, Roebuck & Co.
Ryall Dist. Co.56— James Ryall 802 7th Ave.
57—Lucien M. Rountree Electrician 801 Pettus
58— Leonard 0. Murphy Lakeview Ave. Mott & Murphy
59—Win. H. Plant, Jr. Dallas Ave. Selma Stat. Co.
60— G. R. Rentz, Jr. Farmer Marion Jet. Marion Jet.
61—Percy G. Wood 627 Ala. Insurance
62— Hinton Moore Farmer Marion Jet. Marion Jet.
63— James D. MeCutcheon 1112 Primrose Miller & Co.
64— George J. Harrison Pers, Dir. NBF Homes Craig Field
65— Jerome E. Siegel, Jr. Finance Co. Houston Pk. Commercial Sec. Co.
66— Richard McCain
67— J. Lewis Hadaway 145 Water
McCain Dairy
Nesbitt Bottling Co.
68—W. E. McCullough 601 Tremont Driggers Mtr. Co.
69— Cecil 0. Leach, Jr. 7 Young St. Hohenberg Bros.
70—Wilson W. Hughes Young St. Standard Glass Co.
71—Washington Goodwin 407 Bluff St. Valley Creek Stables
72— J. Otis Hicks 903 3rd Ave. Cloverleaf Creamery
73—Walker O. Hooks 2223 Ala. Sou. R. R.
74—M. Woods Culpepper Logger Rt. 1, Selma Rt, 1, Salem
75— James P. Dattillo 1215 5th'Ave. Sou. R. R,
# * *
[ fo l . 4] 1st C ircu it C ourt or D allas C o u n ty ,
A labam a
M otion t o Qu ash I n d ictm e n t— Filed November 19, 1953
Now comes the defendant, William Earl Fikes, and re
spectfully moves this Honorable Court to quash the in
dictments returned in the above causes and to hold the
5
same for naught; and in support of said Motion alleges
the following, to-wit:
1. For that defendant is a member of the Negro race
and a citizen of the State of Alabama, and of the United
States of America, and was at the time the Grand jury
of Dallas County, Alabama returned the indictments in the
above cause on to-wit, the 12th day of November, 1953, and
for many years prior thereto, and at the present time,
Negroes were, and are systematically excluded from Grand
Juries organized in said County and State, solely because
of their race or color; or are discriminated against in the
organization of Grand Juries in said County of said State
solely because of their race or color in that no members of
said race, or a mere token number, are included on the
jury roll or have their names placed in the jury box; or if
such names are placed on the jury roll or in the jury box,
they are not drawn for service on any Grand Jury; or if
they are drawn, they are not listed, thereby denying to
defendant due process, and equal protection of the laws
guaranteed him by the Constitution and laws of the State
of Alabama, and the Fourteenth Amendment to the Con
stitution of the United States of America.
2. Defendant avers that no Negro served on the Grand
Jury which returned the aforesaid indictments against him
in this cause, nor has any Negro served on a Dallas County,
Alabama Grand Jury in modern times.
3. Defendant avers the existence of a system, or practice,
or custom, in the drawing or organization of Grand Juries
to serve in Dallas County, Alabama, designed to totally
exclude Negroes from service on such Grand Juries, or to
discriminate against Negroes solely on account of their
race or color, contrary to the Constitution and Laws of
the State of Alabama, and the Fourteenth Amendment to
the United States Constitution.
4. Defendant avers that at the time the Grand Jury re
turned the indictments in the above cause, according to the
17th Decennial Census of the United States, its Terri
tories and possessions for 1950, published by the United
States Department of Commerce, Bureau of the Census,
of which the Courts of Alabama take judicial notice,
the white male population of Dallas County, Alabama,
6
between tbe ages of twenty and sixty-fonr years, num
bered 5583, and tbat the Negro male population of said
County between the ages of twenty and sixty-four years
numbered 6772, and further that the total white male
population of said County over the age of twenty years
numbered 6200, and the total Negro male population of said
County over the age of twenty years numbered 8200; and
defendant avers further that the great majority of the
aforesaid Negro males are native born citizens of Dallas
County, Alabama, householders and freeholders in said
County and State, generally reputed to be honest and in
telligent men, esteemed in the community for their integrity
[fol. 5] and good character and that they are not habitual
drunkards nor afflicted with disease or physical weakness
as would disqualify them to discharge the duties of grand
jurors, and that they otherwise possess all of the qualifica
tions and none of the disqualifications set out in the Consti
tution and Laws of the State of Alabama and the United
States which govern the selection and service of Grand
Jurors, yet the jury commission failed or refused to place
on the jury roll and in the jury box the names of such
Negro male citizens of Dallas County, Alabama and that at
the time of said indictment and at the present time, the
jury roll of said County contains less than two per cent of
the names of the total number of Negro males eligible,
under the Constitution and laws of the State of Alabama,
and of the United States, for jury duty in said County.
Defendant avers further that the method of selection of the
names of Negroes to be placed on the jury roll and in the
jury box of Dallas County, Alabama, by the jury commis
sion, is highly irregular and arbitrary and contrary to the
method prescribed by the Constitution and laws of the
State of Alabama, and of the United States, thereby de
priving defendant of rights guaranteed him by the Con
stitution and laws of the said State of Alabama, and by the
Constitution of the United States of America, especially the
Fourteenth Amendment to the Constitution of the United
States, guaranteeing to defendant due process of law and
the equal protection of the laws, and said indictments are
void.
5. Defendant avers that members of the Negro race are,
7
solely because of their race or color, arbitrarily, intention
ally and systematically excluded in the selection of per
sons for Grand Jury duty, in that the great majority of
those qualified for service in Dallas County, Alabama, are
not included on the jury roll, or if included on said roll,
their names are left out of the jury box, or if put in the
box and drawn, they are not listed for service, and that
because of the aforesaid practices, no Negro has served on
a Grand Jury in Dallas County, Alabama since the days of
reconstruction, or certainly not in modern times, and de
fendant avers that the Grand Jury which returned the
aforesaid indictment against him was organized according
to and in keeping with the aforesaid practice, thereby
depriving defendant of the due process and equal protec
tion of the laws, guaranteed to him by the Constitution and
laws of the State of Alabama, and the Constitution of the
United States of America.
6. Defendant avers that he was indicted by a Grand Jury
of Dallas County, Alabama, on to-wit the 2nd day of June,
1953, for the same alleged offenses considered by the pres
ent Grand Jury; that on the 28th day of September, 1953,
in case No. 8009 he filed his motion in this Honorable
Court to quash one of said indictments, and as grounds
for said motion alleged irregularities in the organization
of the said Grand Jury, and denial of due process and equal
protection of the laws guaranteed defendant by the Con
stitution and laws of the State of Alabama, and the Con
stitution of the United States; that after a hearing of the
said Motion, this Honorable Court, on to-wit, the 9th day
of October, 1953, granted the said Motion and quashed the
said indictments; and defendant avers that the present
[fols. 6-9] Grand Jury, which returned the indictment
herein, against defendant, was organized according to the
same, or substantially the same, arbitrary, irregular un
lawful and unconstitutional methods, rules, customs and
practices alleged and proved on the hearing of the afore
said motion, and that if said indictment is allowed to stand,
he will be deprived of his rights as guaranteed by the Con
stitution and Laws of the State of Alabama, and the Four
teenth Amendment to the Constitution of the United States
of America.
8
Wherefore, the defendant prays that this Court will take
notice of this, his motion to quash the indictments in the
abovesaid causes, and that your Honor will, after consid
eration of the evidence and proof which the defendant
offers to make, grant said Motion.
William Earl Fikes, Defendant.
Duly sworn to by William Earl Fikes. Jurat omitted in
'printing.
[File endorsement omitted]
[ fo l . 10] I n C ircu it C ourt of D allas C o u n ty ,
A labam a
M otion to Q u ash V enire— Filed November 19, 1953
To the Honorable Court:
Comes now the defendant, William Earl Fikes, by his
attorneys, Peter A. Hall and Orzell Billingsley, Jr., and
makes this his Motion to Quash the venire or array drawn
on to-wit the 17th day of October, 1953, and in support of
said motion alleges the following:
1. The defendant is a member of the Negro race.
2. Members of the Negro race, otherwise qualified to
serve have been systematically excluded from service on
the aforesaid jury or discriminated against in the organ
ization of said jury, in that no members of the Negro race
have been drawn for service thereon, that there is no prob
ability of them actually trying or participating in the trial
of this, or any other cause.
3. Defendant avers the existence of a system or prac
tice in the drawing or organization of juries to serve in
Dallas County, Alabama, deliberately designed to discrim
inate against members of the Negro race in order to pre
vent them from serving on juries by either excluding them
9
from the venire altogether or by keeping the number in
cluded so small that they can be systematically and uni
formly struck from the venire and prevented from serving
in the trial of any case.
4. Defendant avers that the 17th Decennial Census of
the population of the United States, its Territories and
Possessions for the year 1950, published by the United
States Department of Commerce, Bureau of the Census,
of which the Courts of Alabama take judicial notice, states
that the white male population of Dallas County, Alabama,
between the ages of twenty and sixty-four years, numbers
5583, and that the Negro male population of said County
in said age group numbers 6772, and further that the total
white male population of said County over the age of
twenty years numbers 6200 and that total - male population
of said County over the age of twenty years numbers 8200;
and the defendant avers that notwithstanding the fact that
the Negro male population over the age of twenty years
exceeds the total white male population within the said age
group by two thousand (2000) men, since the year 1950, and
before, and continuing to this date, there has been a uni
form practice by the jury commission for Dallas County,
Alabama, of discriminating against prospective Negro
jurors solely because of their race or color, either by leav
ing their names off the jury roll or by not including their
names in the jury box from which the venire is drawn, so
as to keep the number of Negroes actually summoned for
jury duty at a token amount.
5. Defendant further avers that members of the Negro
race are, solely because of their race and color, arbitrarily,
intentionally and systematically excluded from jury serv
ice or discriminated against in the selection of persons for
jury duty in that the great majority of those qualified to
serve in Dallas County, Alabama, are not included on the
[fol. 11] jury rolls, or their names are left out of the jury
box, or, if drawn are not listed for service so that only a
mere token number can ever serve; and defendant avers
that the venire drawn on to-wit the 17th day of November,
1953, was selected in keeping with this practice and that
unless this Honorable Court grants this his Motion to
Quash the said venire he will be denied his constitutional
right of equal protection under the laws.
10
Wherefore, the defendant prays that this Court will
take notice of this his Motion to Quash the Venire in this
cause, and that your Honor will, after consideration of the
evidence and proof which the defendant offers to make,
grant said Motion.
Respectfully made this 19th day of November, 1953.
Peter A. Hall, Orzell Billingsley, Jr.
Duly sworn to by Peter A. Hall and Orzell Billingsley, Jr.
Jurats omitted in printing.
P. K. Barnes, Circuit Clerk, Notary Public.
[Pile endorsement omitted]
[ fo b 12] I n C ircu it C ourt of D allas C o u n ty ,
A labam a
A m en d m en t to M otion to Q uash V enire
To the Honorable Court:
Comes now the defendant, William Earl Fikes, through
his attorneys, Peter A. Hall and Orzell Billingsley, Jr., and
with leave of the Court first had and obtained and amends
his Motion to Quash venire by substituting for paragraph
four (4) of said Motion, the following:
4. Defendant avers that the 17th Decennial Census of
the population of the United States, its Territories and
Possessions for the year 1950, published by the United
States Department of Commerce, Bureau of the Census, of
which the Courts of Alabama take judicial notice, and
states that the male population of Dallas County, Alabama
of the ages of twenty-one and over numbers 13,996 and that
the white male population of Dallas County in said age
11
group numbers 6,040, and that the Negro male population
of said County in said age group numbers 7,956, and that
the white male population of Dallas County, Alabama, be
tween the ages of twenty and sixty-four years, numbers
5583, and that the Negro male population of said County in
said age group numbers 6772, and further that the total
white male population of said County over the age of
twenty years numbers 6200 and that total male population
of said County over the age of twenty years numbers 8200;
and the defendant avers that notwithstanding the fact that
Negro male population over the age of twenty-one years
exceeds the total white male population within the said
age group by one thousand nine hundred and sixteen
(1,916) men, since the year 1950, and before, and continu
ing to this date, there has been a uniform practice by the
jury commission for Dallas County, Alabama, of discrim
inating against prospective Negro jurors solely because of
their race or color, either by leaving their names off the
jury roll or by not including their names in the jury box
from which the venire is drawn, so as to keep the number
of Negroes actually summoned for Jury duty at a token
amount.
Peter A. Hall, Orzell Billingsley, Jr., Attorneys for
Defendants.
[ fo l . 13] I n C ircu it C ourt of D allas C o u nty ,
A labam a
J udgm ent—December 9th, 1953
Came the State of Alabama by its Solicitor and the de
fendant, William Earl Fikes, in his own proper person and
by and with his attorneys, and being arraigned in open
Court upon the indictment in this case, the defendant
pleaded “ Not Guilty” , and issue being joined:
Thereupon came a jury of twelve good and lawful men,
to-wit:
1—Wm. K. Smith, 2—Carroll E. Jackson, 3—H. A.
Waites, 4—Wilson W. Hughes, 5—J. Douglas Phillips, 6—
12
Davis R. Gamble, 7—J. Otis Hicks, 8—John P. Peake, 9—
S. F. Hopkins, 10—James Ryall, 11—Douglas Harris, 12—
Eddie Hood,
who having been elected and duly sworn according to law
on their oaths say, “ We, the Jury, find the defendant
guilty of Burglary in the First Degree, as charged in the
indictment and fix his punishment at Death.”
It is therefore considered and adjudged by the Court
that the defendant is guilty of Burglary in the First De
gree, as charged in the indictment.
[ fo l . 14] Lsr C ircu it C ourt o r D allas C o u n ty ,
A labam a
S en ten ce— December 10, 1953
And now on this day, to-wit: December 10th, 1953, the
Defendant, William Earl Fikes, being again present in
open Court in his own proper person and with his said At
torneys, and being asked by the Court if he has anything to
say why the sentence of the law should not now be pro
nounced upon him, says nothing.
It is therefore adjudged and considered by the Court,
and it is the order, sentence and judgment of the Court,
that the defendant at the Bar, the said William Earl Fikes,
as a punishment for this offense of which he has been con
victed by the jury, and of which he has been adjudged
guilty by the Court, be put to death at any hour on Friday
the 5th day of March, 1954, by electrocution, at the place,
in the manner and mode required by law, and that this
sentence of death be executed by the proper person, desig
nated by law to execute the sentence of death upon convicts,
by causing to pass through the body of the defendant a
current of electricity of sufficient intensity to cause death,
and the application and continuance of such current
through the body of said defendant until the defendant is
dead.
And before passing sentence the Court proceeded to
ascertain by examination of the defendant under oath, and
other evidence, that the defendant is of the negro race,
13
male sex, is by way of occupation a service station laborer,
that he is about 27 years of age and that his health is good.
The Defendant, William Earl Fikes, having reserved
questions of law for the consideration of the Supreme
Court of the State of Alabama, and having taken an appeal
to the Supreme Court of the State of Alabama from said
judgment and sentence, and the defendant desiring the exe
cution of said sentence suspended pending said appeal, it
is therefore ordered by the Court that said appeal to the
Supreme Court of the State of Alabama be granted and
allowed to the defendant, and it is further ordered by the
Court that the execution of said sentence be, and the same
is hereby suspended to await the action of the Supreme
Court of the State of Alabama on the appeal in this case.
(Signed) W. E. Callen, Judge.
[ fo l . 15] I n C ircuit C ourt of D allas C o u n ty ,
A labam a
G iven C harges
At the request of the defendant, the Court gave to the
Jury the following written charges, to-wit:
1— The Court charges the Jury that the defendant enters
into this trial with a presumption of innocence, and this is
a fact in the ease, which must be considered with all the
evidence, and should not be disregarded.
Endorsed: “ Given, W. E. Callen, Judge.”
2— I charge you, Gentlemen of the Jury, that you should
acquit the defendant if you believe that a person other than
the accused was guilty of the crime charged, or if you have
a reasonable doubt as to such fact.
Endorsed: “ Given, W. E. Callen, Judge.”
3— I charge you, Gentlemen of the Jury, that the accused
in this case is presumed to be innocent until proven guilty
beyond a reasonable doubt, and if after considering the
evidence there is reasonable doubt of his guilt, then you
can not find him guilty.
Endorsed: “ Given, W. E. Callen, Judge.”
14
4— I charge you, Gentlemen of the Jury, that the Court
in admitting in evidence the alleged confession of the ac
cused did not deprive you of your right to carefully weigh
all facts surrounding the confession and deciding whether
or not you are satisfied beyond a reasonable doubt that the
confession was in fact voluntarily made.
Endorsed: “ Given, W. E. Calien, Judge.”
5— I charge you, Gentlemen of the Jury, that if from the
evidence in this case you are satisfied beyond a reasonable
doubt that the accused, even though he may have been able
to distinguish right from wrong, was so afflicted with a
diseased mind that by reason of the duress of such mental
disease, he was moved by an irres-tible impulse to commit
the act charged, then you must find him not guilty by rea
son of insanity.
Endorsed: “ Given, W. E. Callen, Judge.”
7— j charge you, Gentlemen of the Jury, that a reason
able doubt may be defined as a doubt which leaves the
minds of the jurors wavering, unsettled, and unable to
come to a conclusion as to the truth, or to a conclusion sat
isfactory to them, and if after hearing the evidence in this
case there is such a doubt in your minds, you can not find
the defendant guilty.
Endorsed: “ Given, W. E. Callen, Judge.”
8— I charge you, Gentlemen of the Jury, that reasonable
doubt exists where a juror hesitates between two conclu
sions, and then, after considering the evidence from all
[fol. 16] angles, is reluctant to conclude which of two con
clusions is correct.
Endorsed: “ Given, W. E. Callen, Judge.”
9— I charge you, Gentlemen of the Jury, that you can not
find the accused guilty unless you believe him guilty be
yond a reasonable doubt. A mere suspicion that he may
be guilty is not enough to justify conviction.
Endorsed: “ Given, W. E. Callen, Judge.”
10— I charge you, Gentlemen of the Jury, that if after
careful consideration of all facts surrounding the confes
sion of the accused admitted in evidence in this case, as
revealed by the evidence, you believe beyond a reasonable
doubt that the confession was not voluntarily made, then
you may determine that the facts confessed to are untrue
15
and not entitled to any weight if you believe beyond a
reasonable doubt that such facts are untrue.
Endorsed: “ Given, W. E. Callen, Judge.”
11—I charge you, Gentlemen of the Jury, that in decid-’j
ing whether or not a confession should be admitted in evi-S
dence, the Court passes upon the facts merely for the pur
pose of determining their competency and admissibility for
your consideration. If is for the Jury alone to decide
whether or not the facts contained in the confession are
true and entitled to any weight.
Endorsed: “ Given, W. E. Callen, Judge.”
13—I charge you, Gentlemen of the Jury, if upon con
sidering all of the evidence in this case, you have a reason
able doubt of the defendant’s guilt arising out of any part
of the evidence, it is your duty to find him not guilty.
Endorsed: “ Given, W. E. Callen, Judge.”
15— The Court charges the jury that the burden is on the
state to convince you of the defendant’s guilt to the exclu
sion of every reasonable doubt, and by evidence that over
comes the presumption of facts, that the law surrounds the
defendant with, that he is innocent of crime.
Endorsed: “ Given, W. E. Callen, Judge.”
16— 1 charge you, Gentlemen of the Jury, that from the
evidence in the case you believe beyond a reasonable doubt
that the defendant w7as in fact afraid that he suffer per
sonal violence at the hands of the Officers of the Law if he
refused to sign the confession tendered him, and that the
fear was so real that he would have signed any statement
whether true or not in order to escape the feared violence,
then the confession was not voluntarily made, and you may
reject it as untrue, unless you believe beyond a reasonable
doubt that the facts confessed to are in fact true.
Endorsed: “ Given, W. E. Callen, Judge.”
charge you Gentlemen of the Jury, that the court
in admitting confession of the accused in evidence was in
no way inferring that the evidence was in any way conclu
sive that the confession was in fact voluntarily made. The
[fol. 17] confession, even though permitted by the Court
to be placed in evidence, is subject to scrutiny by the Jury,
and if from all the evidence in this case the Jury concludes
that the confession was in fact not voluntarily* made, you
16
should disregard it and give it no weight in arriving at
your verdict.
Endorsed: “ Given, W. E. Callen, Judge.”
18— I charge you, Gentlemen of the Jury, that Title 15,
Section 160 of the 1940 Code of Alabama reads as follows:
It is the duty of any private person having arrested
another for the commission of any public offense, to take
him without unnecessary delay before a magistrate, or to
deliver bim to some one of the officers specified in Section
152 on this title, who must forthwith take him before a
magistrate, this, Gentlemen of the Jury, I charge you is
the law of the State of Alabama and is mandatory.
Endorsed: “ Given, W. E. Callen, Judge.”
19— I charge you, Gentlemen of the Jury, that if from
the evidence in this case you are satisfied beyond a reason
able doubt that the defendant was afflicted with a diseased
mind to the extent that (1) he did not know right from
wrong as applied to the particular act in question, or (2)
if he did have such knowledge, he, nevertheless, by reason
of the duress of such mental disease had so far Lost the
power to select the right and to avoid the act in question
as his free agency was at the time destroyed, and (3) that,
at the same time the crime was so connected with such
mental disease in relation of cause and effect, as to have
been the product of it solely, then you must find the defend
ant not guilty by reason of insanity.
Endorsed: “ Given, W. E. Callen, Judge.”
20— The Court charges the Jury that if the evidence, or
any part thereof, after a consideration of the whole of such
evidence, generates a well founded doubt of defendant’s
guilt, the Jury must acquit him.
Endorsed: “ Given, W. E. Callen, Judge.”
21— I charge you, Gentlemen of the Jury, that if from the
evidence in this case, you believe beyond a reasonable doubt
that the defendant in fact did not read the alleged con
fession, or know what it contained, then you will be justi
fied in having a reasonable doubt as to whether or not he
in fact confessed to the offense charged, and whether or
not the facts confessed to are true, unless other evidence
in the case convinces you beyond a reasonable doubt that
they are true.
Endorsed: “ Given, W. E. Callen, Judge.”
17
22— I charge yon, Gentlemen of the Jury, that a confes
sion is voluntary in law only when it was in fact voluntarily
made. The mere fact that it was not induced by any prom
ise or threat will not necessarily render it voluntary, since
a confession may be involuntary if the circumstances,
[fob 18] irrespective of their nature, are such as made it
the result of the subjection of the will of the confessor to
that of another.
Endorsed: “ Given, W. E. Callen, Judge.”
23— The Court charges the Jury that they must find the
defendant not fcuilty of the conduct of the defendant upon
a reasonable hypothesis is consistent with his innocence.
Endorsed: “ Given, W. E. Callen, Judge.”
24— The Court charges the Jury that the only foundation
for a verdict of guilty in this case is that the entire jury
shall believe from the evidence beyond a reasonable doubt
and to a moral certainty, that the defendant is guilty as
charged in the indictment, to the exclusion of every proba
bility of his innocence, and every reasonable doubt of his
guilt, and if the prosecution has failed to furnish such
measure of proof, and to so impress the minds of the Jury
of his guilt, they should find him not guilty.
Endorsed: “ Given, W. E. Callen, Judge.”
25— The Court charges the Jury that if the defendant has
offered evidence explaining the alleged confession in this
case, and if that evidence, when considered with the other
evidence in this case, has generated in the minds of the
jury a reasonable doubt as to whether defendant is guilty
as charged in the indictment, then the jury should acquit
the defendant.
Endorsed : “ Given, W. E. Callen, Judge.”
26— The Court charges the Jury that before they can
convict the defendant, the evidence must be so strong as
to convince each juror of his guilt beyond a reasonable
doubt; and if, after considering all of the evidence, a single
juror has a reasonable doubt of the defendant’s guilt, aris
ing out of any part of the evidence, then they can not con
vict him.
Endorsed: “ Given, W. E. Callen, Judge.”
2— 53
18
27—I charge you, Gentlemen of the Jury, that the legal
test of insanity in Alabama which will justify a verdict of
not guilty by reason of insanity is that at the time of the
commission of the offenses the accused was afflicted with a
diseased mind to the extent that (1) he did not know right
from wrong at the time of the particular act in question (2)
if he did have such knowledge, he, nevertheless, by reason
of the duress of such mental disease had so far lost the
power to select the right and to avoid doing the act in ques
tion as his free agency was at the time destroyed, and (3)
that, at the same time, the crime was so connected with such
mental disease and the relation of cause and effect as to
have been the product of it solely.
Endorsed: ‘ ‘ Given, W. E. Callen, Judge.”
[fol. 19] 28—I charge you, Gentlemen of the Jury, that
a reasonable doubt as to the guilt of the accused will
exsist if, after the entire evidence has been compared and
considered by you, you do not have an abiding conviction,
or an abiding conviction to a moral certainty, of the truth
of the charge against the accused, and if such reasonable
doubt does exist, you can not find the accused guilty.
Endorsed: “ Given, W. E. Callen, Judge.”
29— The burden is upon the State and it is the duty of
the State to show beyond a reasonable doubt and to the
exclusion of every reasonable hypothesis, every circum
stance necessary to show that the defendant is guilty, and
unless the State has done that in this ease, it is your duty,
Gentlemen of the Jury, to render a verdict of not guilty.
Endorsed: “ Given, W. E. Callen, Judge.”
30— The Court charges the Jury that if the Jury would
not be willing to act on the evidence in this case, as if it
were in relation to matters of the most solemn importance
to their own interest, they must acquit the defendant.
Endorsed: “ Given, W. E. Callen, Judge.”
32—The Court charges the Jury that if, after consider
ing all the evidence in this case you have a reasonable
doubt of the guilt of the defendant of the charges presented
in the indictment in this case, you should acquit the de
fendant.
Endorsed: “ Given, W. E. Callen, Judge.”
19
33— The Court charges the Jury that if in considering
all of the evidence in this cause, that tending to show guilt
together with that tending to show innocence, there should
spring up in the minds of the Jury from any part of the
evidence a probability of the innocence of the defendant,
the Jury should acquit.
Endorsed: “ Given, W. E. Callen, Judge.”
34— The Court charges the Jury that unless each mem
ber of the Jury is convinced beyond a reasonable doubt
from the evidence in the case of the guilt of the defendant,
then you should not convict the defendant.
Endorsed: “ Given, W. E. Callen, Judge.”
35— The Court charges the Jury that the legal presump
tion of innocence is to be regarded by the Jury in every
case as a matter of evidence to the benefit of which the
accused is entitled, and as a matter of evidence, it accom
panies the accused, unless and until the other evidence has
convinced the Jury beyond a reasonable doubt of the guilt
of the accused.
Endorsed: “ Given, W. E. Callen, Judge.”
36— The Court charges the Jury that a person charged
with a felony should not be convicted unless the evidence
excludes every reasonable hypothesis but that of his guilt;
no matter how strong the circumstances are, they do not
come up to the full measure of proof which the law re-
[fols. 20-24] quires if they can be reasonably reconciled
with the theory that the defendant is innocent.
Endorsed: “ Given, W. E. Callen, Judge.”
[ fo l . 25] In C ircu it C ourt of D allas C o u n ty ,
A l a b a m a
M otion for a N ew T rial—Filed January 7, 1954
Now comes the defendant, William Earl Fikes, and moves
this Honorable Court to set aside the verdict and judg
ment rendered against said defendant on to-wit the 9th
day of December, 1953, and that this Honorable Court will
20
grant the said defendant a new trial, and as grounds for
said Motion, sets out and assigns the following:
1. That the verdict returned by the jury in the case is
contrary to the law.
2. That the verdict returned by the jury is contrary to
the facts. .
3. For that the judgment of the court is contrary to the
law in the case.
4. In that the verdict of the jury is not sustained by the
great preponderance of the evidence in the case.
5. For that the judgment of the court is not sustained
by the great preponderance of the evidence in the case. ^
6. In that the verdict of the jury is based on bias, preju
dice and passion against the defendant. _
7. For that the court erred in over-ruling objections ot
the defendant to the introduction of evidence offered on be
half of the State of Alabama.
8. For that the Court erred in over-ruling objections by
the defendant to evidence offered on behalf of the State
of Alabama, which so biased and prejudiced the jury that
the defendant was denied the right of a fair and impartial
trig For that the court erred in denying defendant’s Mo
tion to declare void and illegal the petit jury drawn to try
defendant in this cause, in that there were no Negroes
serving on said petit jury. _ . , ,,
10. For that the court erred m denying defendant s mo
tion to quash the venire or array drawn to try defendant
in this cause, on the grounds that members of the Negro
race otherwise qualified to serve on juries m Dallas County,
Alabama, have been systematically excluded from service
on aforesaid jury or discriminated against m the organiza
tion of said jury in that no members of the Negro race
have been drawn for service thereon, that there is no prob
ability of their actually trying or participating m the trial
of this or any other cause, thereby denying to the defend
ant in this cause a fair and impartial trial m violation of
the Constitution of the State of Alabama and the Four
teenth Amendment to the United States Constitution.
11. That the court erred in denying defendant s motion
to Quash the venire or array drawn to try defendant m
21
this cause, in spite of the prevailing and great preponder-
ence of the evidence offered by the defendant to show that
no Negro had ever served on a jury in Dallas County,
Alabama, in modern times and that members of the Negro
race are solely, on account of their race and color, arbi
trarily, intentionally, and systematically excluded from
jury service or discriminated against in the selection of
[fol. 26] persons for jury duty in that the great majority
of those qualified to serve in Dallas County, Alabama, are
not included in the jury rolls, or their names are left out
of the jury box, or if drawn, are not listed for service so
that only a mere token number can ever be called for jury
duty and defendant proved that the venire drawn on to-wit,
the 17th day of November, 1953, to try this defendant, was
selected in keeping with this practice.
12. That the Court erred in denying defendant’s Motion
to Quash Indictment returned against defendant in this
cause, in that no Negro served on the grand jury which re
turned aforesaid indictment against defendant in this
cause and in the face of unchallenged and the great pre-
ponderence of the evidence presented to show that no Negro
had ever served on a Dallas County, Alabama Grand jury
in modern times.
13. For that the Court erred in denying defendant’s
Motion to Quash Venire and Motion to Quash Indictment
returned against the defendant on the grounds that Ne
groes qualified for jury service in Dallas County, Alabama,
are arbitrarily, systematically and intentionally excluded
from jury duty and in the face of unchallenged and the
great preponderance of the ..evidence that the presently
constituted jury roll of Dallas County, Alabama, compiled
in October, 1953, contains only 1,763 (13%) names of male
citizens over the age of twenty one years, and of a total
population of 13,996 according to the 17th Decennial Cen
sus of the United States, its territories and possessions
for 1950, published by the United States Department of
Commerce, Bureau of the Census, and of said number and
said census 6,040 are white male citizens and 7,956 are
white male citizens.
14. For that the Court erred in denying defendant’s
Motion to Quash Venire and Motion to Quash Indictment
22
in the face of unchallenged and a great preponderance of
the evidence and there were only 13% of the entire male
population over the age of twenty-one years listed on the
jury roll, of which percentage there were only 3% of the
Negro male citizens and 25% of white male citizens of said
age ground, all in violation of the Constitution of the State
of Alabama, the Alabama Code of 1940 and Supplements
thereto and the Constitution of the United States of
America.
15. For that the Court erred in denying defendant’s Mo
tion to Quash Venire and Motion to Quash Indictment in
the face of unchallenged and prevailing evidence that the
jury commission of Dallas County, Alabama, had contin
ually and consistently violated the provisions as set out in
the Code of Alabama and Supplements thereto, Title 30,
Chapter 2, in pursuance of their duties in compiling jury
lists, jury rolls, cards and boxes.
16. That the Court erred in denying defendant’s Motion
to Quash Indictment returned against defendant in this
cause on the ground that the only thing before said Grand
Jury which returned said indictment was an alleged con
fession purported to have been given by the defendant,
[fol. 27] which was extorted and illegally obtained from
him by and through force and violence or threats of force
and violence, coercion, torture and brutality by officers and
detectives of the City of Selma, and of Dallas County, Ala
bama, and the State of Alabama, while defendant was held
illegally.
17. For that the Court erred in failing to exclude an al
leged confession purported to have been given by the de
fendant on a tape recording machine, which was presented
for no other purpose then to arouse the passion and preju
dice of the jury; said Honorable Court having permitted
said confession to go to the jury over the strenuous objec
tions of the defendant, to which defendant’s counsel duly
and legally reserved an exception to the ruling of the
Court.
18. For that the Court erred in failing to exclude an
alleged type written confession, purported to have been
given by the defendant for which no proper predicate was
laid by the State of Alabama, and which was offered for
23
no other purpose than to arouse the passion and prejudice
of the jury; said Honorable Court having permitted said
confession to go to the jury over the strenuous objections
of the defendant, to which defendant’s counsel duly and
legally reserved an exception to the ruling of the Court.
19. For that the court erred in allowing or permitting
Mrs. Delores Stinson to testify with reference to an alleged
rape allegedly committed by defendant at sometime pre
vious to the time of the burglary for which defendant was
tried over defendant-s objections.
20. The Court erred in allowing Mrs. Delores Stinson
to testify with reference to an alleged rape for which
defendant had been tried and sentenced, over defendant’s
objections.
21. The Court erred in allowing Mrs. Delores Stinson to
testify that defendant had had sexual intercourse with her.
22. For that the court erred in allowing or permitting
Mrs. Claude Binford to testify over defendant’s objec
tions to an alleged burglary of her premises by defendant,
which was not connected in any way with the crime for
winch he was being tried.
23. For that the Court erred in allowing the testimony of
James Winfred Brown, to go to the jury over defendant’s
stren-ous objections.
24. For that the Court erred in not allowing defendant
to testify with reference to whether or not the alleged con
fessions were voluntary.
25. For that the Court erred in admitting into evidence
over defendant’s objections, State’s Exhibit No. 2, without
proper identification and without a proper predicate hav
ing been laid.
26. The Court erred in admitting into evidence over de
fendant’s objections a certain butcher knife marked for
identification as State’s Exhibit No. 2.
[fol. 28] 27. For that the Court erred in overruling De-
fendant-s several objections throughout the hearing of this
cause, to which ruling the defendant reserved proper excep
tions.
28. For that the Court erred in allowing witnesses for
the State to remain within the Court room during the
24
hearing of this cause, when said witnesses were nnder the
rule.
29. The Conrt erred in allowing Dr. Norman H. Rein to
testify as an expert for the State, over defendant’s objec
tions.
30. For that the Court erred in admitting the testimony
of Dr. Norman H. Rein over defendant’s objections.
Peter A. Hall, Orzell Billingsley, Jr., Attorneys for
Defendant.
[File endorsement omitted]
[ fo l . 29] I n C ircu it C ourt of D allas C o u n ty ,
A labam a
J udgm ent of t h e Court on M otion for N ew T rial—
January 28, 1954
January 28, 1954. This being the date heretofore set
for the hearing of the Motion filed in this cause by Counsel
for defendant asking and moving that the verdict of the
jury and the judgment rendered thereon be set aside and
a new trial granted defendant. Counsel for defendant hav
ing appeared in person and argued their motion and the
thirty (30) grounds set out and embodied therein and the
State of Alabama appearing by the Circuit and Dallas
County Solicitors and Hon. T. G. Gayle, as Special Coun
sel, and the arguments for and against said Motion having
been heard by the Court; the various grounds as set out in
said Motion and every aspect contained in said Motion and
the same being considered and carefully studied by the
Court, the Court is of the opinion that the Motion of de
fendant seeking to set aside the verdict of the jury and
the judgment rendered thereon and to grant a new trial
is not well taken and should be denied. It is therefore or
dered, adjudged and decreed that the Motion of defendant
requesting the setting aside of the verdict of the jury, the
judgment rendered thereon and to grant defendant a new
trial be and the same is hereby denied and overruled to
which action on the part of the Court counsel for defendant
do except in open Court.
Done In Term Time this the 28th day of January, 1954.
W. E. Callen, Judge.
25
[ fo ls . 30-33] I n t h e C ircu it C ourt of D allas C o u n ty ,
A labam a
[Title omitted]
Charge: Burglary, First Degree-Three Motions
Selma, Alabama
Transcript of Testimony on Motions—November 30, 1953
December 1-5, 1953
Before: Hon. W. E. Callen, Trial Judge.
A ppearances :
Hon. James A. Hare, Circuit Solicitor.
Hon. Henry F. Reese, County Solicitor.
Hon. Thomas G. Gayle, Special Prosecutor of counsel,
Attorneys for the State.
Hon. Peter A. Hall.
Hon. Orzell Billingsley, Jr., of counsel, Attorneys for
the Defendant.
# # # # * # #
[fol. 34] (Witnesses sworn and rule invoked. All wit
nesses, except officers of the Court, leave the court room.)
C olloquy B etw een C ourt and C ounsel
Attorney Hall: As attorneys for William Earl Fikes, we
have urged three grounds why the indictment returned
against him by a recent grand, jury should be quashed.
Two of these grounds we have argued before: one is a
motion to quash because of the construction of the grand
jury, on the ground that negroes are systematically ex
cluded because of race and color, and because of that the
26
defendant was denied due process and equal protection
of law as guaranteed by the laws and constitution of the
State of Alabama and the Fourteenth Amendment of the
constitution of the United States; the second motion which
we have argued to some extent is the motion to quash the
venire, on the same grounds more or less as the previous
motion. The third motion is a motion to quash on the
grounds the grand jury which returned the indictment
against Fikes didn’t have sufficient evidence before it on
which to base a true bill. All they had before them was
an alleged confession which had been extorted from him.
That this defendant had been picked up by drag-net method,
rushed to the city or county jail, never taken before a
magistrate, constantly questioned and threatened, rushed
from there to Kilby Prison, never given a preliminary
trial, and finally by unorthodox methods what purported
to be a confession was extorted from him. And this was
all that the grand jury had in its consideration of this
man’s indictment. On this ground we urge that he was
denied due process of law, equal protection of law as
guaranteed by the laws of the State of Alabama and by
the constitution of said State, and equal protection of law
and due process of law as guaranteed by the Fourteenth
Amendment of the constitution of the United States. We
urge this Court to quash the aforesaid indictment on the
grounds mentioned, and with the Court’s permission we
would like to take testimony on the first two motions. First,
on the motion to quash the indictment returned by the
grand jury, because of the exclusion of negroes from the
grand jury.
The Court: The Court denies all three motions.
Attorney Hall: We would like to take them that way.
The Court: I don’t see why there is anything to be gained
[fol. 35] by not combining them or why it would put you
to or in any awkward position. There can’t be many wit
nesses in that third, if you want to take the first two
together.
Attorney Hall: We will take the third last.
Solicitor Hare: The State denied separately and sever
ally each and every allegation contained in the motion to
quash the indictment and the motion to quash the venire
and the special motion that relates to evidence before the
grand jury, and demands strict proof thereof.
* * * # * # #
27
A rth u r M orrison P itts , being duly sworn, testified as
follows:
Direct examination.
By Attorney Hall:
Q. What is your name, sir!
A. Arthur Morrison Pitts.
Q. What is your occupation?
A. Attorney at law.
Q. How long have you been practicing here in Selma?
A. Since June, 1903.
Q. You have been practicing here in Selma, Dallas
County, Alabama, since that time ?
A. Yes.
Q. Mr. Pitts, a large portion of your practice is crim
inal?
A. Yes, a good part of it. Of course, I have other
types------
Q. You have a large practice among the colored people
of this section?
A. Yes, I do a large practice among them.
Q. Have you had many causes tried before juries in
Dallas County?
A. I have. Both civil and criminal.
Q. Are you familiar with the constitution of grand juries
in Dallas County here?
A. With what?
Q- With the constitution of grand juries, their make-up
with reference to color?
A. I think I am pretty familiar with it. I couldn’t say
I have known all of them. I have seen them in Court.
That’s about all I know.
Q. Mr. Pitts, during the time that you have been prac-
28
I ticing, how many grand juries in this jurisdiction have you
| [fol. 36] known to include negroes?
A. I do not know of a single one being drawn, but I
I have known of negroes being summoned. But they were
not drawn on the grand jury.
Q. Have you ever known a negro to be drawn for the
grand jury?
A. No.
Q. What is the usual practice for drawing?
A. You have the jury for civil week, and out of that
number they take eighteen names. The names are put in
the hat, and the Judge usually puts his handkerchief over
the hat and draws the name, and calls the name out and
they come around and sit in this box (indicating the jury
box), and they have eighteen seats.
Q. Tell us, Mr. Pitts, for the sake of the record, where
is the drawing usually done ?
A. Done the first of the civil docket.
Q. In what room?
A. Drawing the whole jury?
Q. The drawing of the grand jury.
A. Drawn here, right here in the court room.
Q. And is it usual that attorneys and others are sitting
here in the court room when it is done ?
A. Depends on whether they have civil cases. All of
them are here who have a civil case.
Q. And you have never seen or heard of a negro being
r drawn for grand jury duty since you have been practicing
law?
A. I have heard of them being drawn on the panel, but
never coming out of the hat.
Q. You are saying that you have heard of names being
drawn on the panel ?
A. Yes, sir.
Q. But you have never known a negro’s name drawn for
the grand jury by the Judge?
A. Not that I have known of.
Q. Do you think you would have known of any negro
who had served on the grand jury?
A. Yes.
29
Q. There isn’t any chance of some negro serving and
you wouldn’t know of it?
A. It is a possibility but not a probability.
Q. Getting back to petit juries, Mr. Pitts, you have tried
quite a few criminal causes before juries in this Court?
A. Yes.
Q. Have you ever known of a negro to serve on a petit
jury?
A. No, limited to this way: I have seen them on the
venire but they were stricken off.
Q. For some reason?
A. Attorney for the defendant strikes them off or by
the State.
Q, For some reason they are struck off?
A. No, they never serve.
Q. Since 1903.
A. We have a right to strike our jury.
Q. You strike them off, but no negro has ever been ac
ceptable to somebody? No negro has ever served on a
petit jury since you have been practicing ?
A. No, not that I know of.
[fol. 37] Q. Who would you say has the largest criminal
practice in this county?
A. Our firm and Mr. Tom Gayle.
Q. You- firm has a large proportion of criminal practice?
A. Yes. And others. I don’t keep up with the other
business, but I see Mr. Gayle and others in Court a good
deal.
Q. I wonder, Mr. Pitts, if you were living in this county
at the turn of the century, before you went away to law
school. I was going to ask you, sir, if you have known of
any negro that served on a grand or petit jury during your
life time?
A. I have been here since the year 1890. I have never
seen a negro serve on either a grand jury or petit jury.
Prior to that time, I have heard of it. I don’t know whether
it is true or not.
Q. During the days of reconstruction?
A. Yes.
Q. But never, since the days of reconstruction?
30
A. I can’t tell you that. I ’m not that old.
Attorney Hall: Thank you, sir. That is all.
Cross-examination.
By Solicitor Hare:
Q. Mr. Pitts, have you ever had occasion to see negroes
on the venire in Dallas County?
A. Yes, sir.
Q. And do you recall when those occasions were, or on
how many occasions?
A. No, I can’t recall. I know the week that this defend
ant was tried before, I think there were five names on
there.
Q. And in the past had you seen them?
A. I am not positive. But those five, I think, and I saw
that last civil jury up here and I ’d say, I think, seven of
them up here and they stayed during the week. And then
this present venire I counted from ten to eleven—I ’m not
sure. I am not positive on that.
Q. In the last ten years have you had occasion to see
the names of negroes on the venire?
A. I can’t state positively. I know of one instance I
heard about, Mr. Hare, a negro by the name of Hopson who
was up here when John Miller was on the bench. I don’t
know that for a fact. I heard it, I don’t know it.
Q. Have you ever had occasion to strike a jury in Dallas
County, Alabama, when negroes were on the venire?
A. Yes, sir.
Q. Were you acting in the capacity of defense attorney?
A. Yes, sir.
Q. Did you have occasion to strike the names of negroes?
A. Well, myself or my son did it.
Q. Have you ever tried a case in Dallas County with
negroes on the jury, in which you struck a jury?
[fol. 38] A. No, I never did. At times I would agree with
attorneys on the other side. I would agree certain names
to be stricken, both white and colored. That is civil, though.
Q. And you have struck them on your own initiative?
A. Yes, sir.
31
Q. And I will ask you if you have consistently struck
negroes from the petit jury?
A. Every time one appeared on a petit jury where I was
engaged, if I knew his name I have consistently struck
them.
Q. Under the procedure in Alabama, how many strikes
does the defendant have in criminal cases compared to the
State ?
A. The defendant has two and the State one.
Redirect examination.
By attorney Hall:
Q. I believe you said that you had recognized how many
negroes? On what venire? You said five on what venire?
A. I said the last term of Court. I think it wras about
five.
Q. When was that, sir?
A. That was at the term of Court when this motion was
quashed.
Q. Mr. Pitts, I believe you testified on the hearing of
those motions to quash that at that time you were able to
ascertain who those negroes were and tell us what their
names were ?
A. I remember only two of them. One was Ned Braxton
and one was Boyd, who was at the City National Bank.
Q. Ned Braxton and Boyd. Now, Mr. Pitts, isn’t it a
fact that Ned Braxton and Boyd were twTo of the names
which had been entered on the jury roll in pencil?
A. I don’t know anything about the jury roll.
Attorney Hall: May we have the jury roll ?
The Court: Which one?
Attorney Hall: The last one.
The Court: Get the present jury roll.
Attorney Billingsley: Just the present one will be all
right.
(A deputy sheriff goes for the jury roll)
Q. While they are getting that, Mr. Pitts, when you said
you recognized thirteen names------
A. (Interrupting) No, I said ten or eleven.
32
Q. Will yon point those names out"?
A. I have them marked on a list at my office.
Q. What I thought you said was you recognized those
names.
A. Marked on my list.
[fol. 39] Q. We have no objection to your checking on it.
You can do that later on.
A. I can tell you some of them here.
Q. Will you do that, please, sir?
A. Number nine, I am not positive. Willie Smith, there.
It may be a Willie Smith a white man or colored, I can’t
tell you.
Q. But you know there is a negro by that name?
A. That is my recollection.
Q. And he is a farmer?
A. (No answer) And there is Morgan Barnes. I know a
Morgan Barnes that is a mechanic, and he is a colored man.
Q. Yes, sir.
A. It may be some other Morgan Barnes. Number
Twenty-seven, I am not positive about that, John Henry
Roberts. I don’t know whether that is a colored man or
a white man. I do not know. Now, number thirty-five, I
have been told that he is a colored man. I couldn’t swear
to it, except for information in investigating, that I found
that out. You will notice on forty-five there is a Will J.
Smith—excuse me. Number forty-seven Charlie Rascoe,
Jr., I am absolutely positive he is a colored man. I hap
pened to defend him one time as a client.
Q. Charlie Rascoe, number forty-seven.
A. Yes.
Q. You did say you defended him?
A. I said he was a colored man. I knew his father or
his uncle, and they have been my clients out there.
Q. Charlie, Jr.?
A. No, his father or uncle. I don’t know anything about
Charlie, Jr., just taking it from the name.
Q. I see. Is that all, sir?
A. I am going over it now. Now, number seventy-one,
Gloodwin. I know he is a colored man. He works up there
at Valley Creek stable, seventy-one. That is the only ones
33
I can tell yon, but I have a list of them at my office. I
would be glad to get it.
Q. Thank you very much, Mr. Pitts, and you know that
those are negro men?
A. I know Washington Goodwin is.
Q. And the names of two negroes you recall on previous
venire ?
A. That was when this boy was up here for trial before.
Q. Tried or motions?
A. Tried on another case. And the last term of Court
there were a number.
Q. But none of them served on either a petit or grand
jury?
A. No.
Q. As far as you know, none of them ever served.
A. No.
Q. None has ever served in Dallas County on either
grand or petit juries?
A. No.
[fol. 40] Recross-examination.
By solicitor Hare:
Q. Mr. Pitts, I hand you this list, and ask you to look at
forty on that list, No. forty, John Willie, farmer. Do you
know whether that is a white man or colored?
A. No, I can not tell you. I think he was on the list that
was given me as being a colored man, but I couldn’t tell
you, Jimmie.
Q. Forty-three, Tom Waller?
A. He is a negro dry cleaner here.
Q. Now, fifty-one, Douglas Harris. Do you know whether
he is white or negro?
A. I couldn’t tell you that, but I could tell you on my list.
I have them marked on my list. I went over the whole
thing very carefully and found out about all of them. They
are all on my list there and marked, which ones I was told.
I would be glad to get them and show them to you. It may
be when I said to the attorney over here (indicating At
torney Hall) ten or eleven, that I had some of them on
special venire, I am not positive about that.
3—53
34
Redirect examination.
By Attorney Hall:
Q. Mr. Pitts, I would like to ask you: you have never
seen over twelve on there!
A. I don’t know.
Q. Under the system down here in Dallas County, they
could put as many as twenty-four on there, and they would
all be struck?
A. I couldn’t tell you that.
Q. I will ask you this question: do you know or do you
have any knowledge of the constitution of the citizenry of
Dallas County with reference to color or with reference to
numbers ?
A. I think five to one.
Q. You mean five negroes to one white man?
A. Yes, that’s what I have been told. I don’t know
whether it is true or not.
Q. Assuming that is true, and assuming that the jury
commission of Dallas County were to build its jury roll
according to the statute------
Special Prosecutor Gayle: We object to that.
The Court: Hypothetical question. Over-rule.
Special Prosecutor Gayle: We except to your Honor’s
ruling.
Q. Assuming that the jury commission would build its
jury roll according to the statute in such cases, and assum
ing that the population of Dallas County is five to one on
the negro side, then, wouldn’t it be absolutely impossible
for the attorneys for the defendant and for the State to
strike all of the negroes?
A. Not on a petit jury.
Q. Wouldn’t the laws of probability over a period of
thirty years see to it that one negro would serve?
[fob 41] A. I think not. The way I look at it, the way the
jury list is fixed, even though the population may be larger,
that have to examine the character and judicial capacity.
And I have confidence in our jury commission to do the
right thing. That’s what I think.
Q. Is it your considered opinion that the jury commis
sion goes into the character of everybody on this book?
35
A. I don’t know a thing in the world about it.
Q. Ton expressed an opinion just a minute ago with
reference to how they handle it,
A. I have absolute confidence in them.
Q. It is your opinion—you have confidence that they
have gone into the character of everybody on this book?
A. I have absolute confidence in the jury commission of
Dallas County, that they have kept their oath in following
the law, and I have never questioned anything they put in
the jury box.
Q. Mr. Pitts, I will ask you this question, and it isn’t
calculated to doubt what you have just said: do you have in
Dallas County the same jury commission at this time that
you had in September, 1953?
A. Yes, sir, same ones.
Q. Is it your opinion that in September, 1953, previous
to the time they have drawn this last jury roll, which we
have not introduced in evidence------
Attorney Hall: We would like to introduce in evidence at
this time—we note that the various books are marked Ex
hibit A, B and C. We assume that those are from the pre
vious hearing?
The Court: Yes, sir.
Attorney Hall: With the Court’s permission, we will re
quest that this particular book marked Defendant’s Exhibit
A, purporting to be the jury roll of Dallas County, Ala
bama, from 1951 to 1953; and this book purporting to be
Defendant’s Exhibit B, purporting to be the jury roll of
Dallas County from 1942 to 1951; and this book marked
Defendant’s Exhibit C, purporting to be the jury roll of
Dallas County from 1931 to 1942; we would like to offer
them in evidence, your Honor. (Above described three jury
rolls accepted in evidence without objection as Defendant’s
Exhibits A, B and C)
( Said Exhibits A, B and C cannot be conveniently copied
into the record and are being sent to the Supreme Court as
original evidence for its inspection)
Attorney Hall: Defendant would like to offer in evidence
this book purporting to be the jury roll of Dallas County
compiled in October, 1953, which is marked Defendant’s
Exhibit X.
36
[fol. 42] (Above described jury roll, October, 1953, ac
cepted in evidence without objection as Defendant’s Ex
hibit X)
(Said Exhibit X cannot be conveniently copied into the
record and is being sent to the Supreme Court as original
evidence for its inspection)
Attorney Hall: Mr. Pitts, I don’t believe we have any
other questions.
Recross-examination.
By Solicitor Hare:
Q. You say that over your period of practicing law, that
you have consistently struck negroes from serving on a
petit jury of Dallas County, and your firm has?
A. Yes.
Q. I will ask you if that has ever been done by any agree
ment with the State or understanding with the Court, or
under any stipulation or agreement?
A. There has been no agreement as far as the State has
been concerned. I have agreed with other attorneys on
civil.
Q. Have you ever seen the name of a negro on a venire
of Dallas County where he was identified by race?
A. No, I never have.
Q. Isn’t it customary for those persons to be so identified
on the venire issued by the Marshall?
A. I am not sure. I have seen lists where it was. I don’t
do much practice in Federal Court.
M cL ean P itts , being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. Mr. Pitts, you are Mr. McLean Pitts?
A. Yes.
Q. What is your occupation?
A. Attorney.
37
Q. Do you practice here in Selma, Alabama?
A. Yes.
Q. How long have you been practicing here?
A. Twenty years.
Q. What is the nature of your practice?
A. General practice of law.
Q. Is there any emphasis on any particular aspect?
A. I said general practice of law.
Q. Is it a fact that you have a large negro clientele?
A. I ’d say yes.
Q. Would you say that you have more negroes as clients
than white people?
A. No.
Q. Would you say you have more white folks?
A. I wouldn’t say either one.
Iffol. 43] Would you say that is about “ even Steven” ?
A. I suppose so. I have never made any examination
to find out.
| Q. During the course of that twenty years of practice,
have you had occasion to represent defendants in criminal
/proceedings in this Court?
I A. Yes.
Q. You are familiar with the constitution of petit and
I grand juries in this Court?
; A. Yes.
Q. Have you ever known a negro to serve on a grand
jury in that twenty years?
A. No.
Q. On a petit jury in this county?
A. Yes.
Q. When, Mr. Pitts? .
A. About five years ago.
Q. They actually served on a petit jury here in Dallas
County?
A. Yes, one negro.
Q. Do you recall his name?
A. No, I don’t recall his name. I know who he was, but
I don’t recall his name.
Q. Would you recognize his name if you saw it listed
some place?
A. No.
38
Q. But you are sure one did serve? Was it a cause in
which you were interested?
A. Yes.
Q. Do you recall the particular style of the cause?
A. No, I don’t.
Q. Is it possible that you could find it in your file in your
office?
A. I don’t believe so.
Q. But you are sure that one negro served?
A. Positive.
Attorney Hall: Thank you, sir.
Cross-examination.
By Solicitor Hare:
Q. Mr. Pitts, you are in practice with your father here,
the witness that just proceeded you to the stand?
A. Yes, sir.
Q. Have you ever had occasion to see negroes on the
venire in Dallas County?
A. Yes, sir.
Q. And I will ask you if it has been your consistent prac
tice since you have been an attorney to strike negroes from
serving on petit juries in Dallas County?
A. Yes, sir.
Q. I will ask you, Mr. Pitts, if at any time you have ever
had any------
A. (Interrupting) Most of them want us to strike them,
too.
Q. Have you ever had any agreement with the solicitor
or any officer of the Court with reference to striking ne
groes from petit juries?
A. Never.
[fol. 44] Did you strike them on your own initiative and
acting in your client’s interest?
A. Yes, sir.
Q. Have you struck negroes from the petit jury when
you were representing negores, negro clients?
A. Yes, sir.
Q. Mr. Pitts, I will ask you if you have ever seen the
39
name of a negro on a venire that you received from the
Clerk identified as such on the venire?
A. No, sir.
Q. Have you ever gotton venires from the Marshall of
Federal Court in Alabama and had the names on the venire
so marked?
A. Yes, sir.
Q. I will ask you if that is the practice in the Federal
Court in Alabama, to identfy negroes on the venire?
A. I don’t know whether that is a general practice, but
the ones I have received in the United States District Court
for the Southern District of Alabama, it has been followed
by the letter “ c ” .
Solicitor Hare: That is all.
T hom as G. G ayle , being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. Your name, please, sir?
A. T. G. Gayle.
Q. What is your occupation?
A. Attorney at law.
Q. Where is your office located?
A. 1104% Water Avenue, Selma, Ala.
Q. That is in Dallas County, Alabama?
A. That’s right.
Q. How long have you been engaged in the practice of
law in this jurisdiction?
A. Since 1926.
Q. Mr. Gayle, do you have a specialty in the practice of
law?
A. General practice.
Q. But you have had considerable number of criminal
cases?
A. Yes.
Q. And also some civil causes?
A, Civil and criminal.
40
Q. Tried before juries?
A. Yes.
Q. Yon are familiar with the constitution of grand juries
of Dallas County since 1926, with reference to race ?
A. That’s right.
Q. Have you ever known a negro to serve on the grand
jury of Dallas County?
A. Not to my knowledge.
Q. Have you ever known a negro to serve on a petit jury
in Dallas County?
A. Not to my own personal knowledge.
Q. There are very few terms in this Court in which you
don’t have something pending?
A. A few.
Q. Aren’t you usually in attendance at most Court ses
sions ?
A. Yes.
[fol. 45] Q. Would it he possible that there has been a
time some negro was serving on the jury that you didn’t
know about?
A. It would be possible, but I think I would know it.
Q. Were you practicing here in Dallas County five years
ago?
A. I was.
Q. Did you know of any negro serving at that time?
A. No.
Q. Any time recently?
A. At no time do I know of any negro serving on a petit
or grand jury here of my own knowledge.
Cross-examination.
By Solicitor Hare:
Q. How long have you been practicing in Selma?
A. Since 1926.
Q. Since that time have you had occasion to see the
names of persons that you knew to be negroes on venires
in Dallas County?
A. I have.
Q. And I will ask you, Mr. Gayle, if you have consistently
struck negroes from serving on petit juries in Dallas
County, Alabama ?
A. I have.
Q. I will ask you if you have struck them when you were
representing negroes, when representing negro clients?
A. I have.
Q. And have you ever struck negroes from serving on
■petit juries in criminal cases in Dallas County by any
agreement with the solicitor or any officer of the Court?
A. No, sir. I don’t have agreements with the solicitor,
as far as the jury is concerned.
Q. But negroes have appeared on those venires?
A. They were on the venire, yes, sir.
Q. And you have consistently struck them?
A. I have consistently struck them.
Q. Have you ever had a negro client who requested you
to retain negroes on the jury?
A. Never in my life.
Solicitor Hare: That is all.
Redirect examination.
By Attorney Hall:
Q. Is it customary for your clients to tell you who to
retain on the jury?
A. No, but it is customary for me to discuss the jury
with my client.
Q. Will you tell us what procedure is gone through in
the selection of a grand jury in this county?
A. It is drawn during civil week. The Judge puts all
of the names in the hat that are summoned for the entire
week, that consists of the grand jury and petit jury for
civil week. Then the Judge draw's the grand jury from
[fol. 46] that list—puts a handkerchief over the hat and
draws eighteen names for the grand jury.
Q. Under what conditions is it usual to excuse a man
from grand jury duty, if his name is drawm from the hat?
A. I have never heard of that.
Q. Have you ever heard of a man being excused from
grand jury duty?
41
42
A. I have not, unless he has a doctor’s certificate, which
he would produce before that.
Q. You infer that negroes have been in the group called
for service?
A. That’s right.
Q. For both petit and grand juries ?
A. That’s right.
Q. I f a negro’s name had been drawn from the hat,
then he would have served on the grand jury?
A. I think so.
Q. So, under the circumstances, no negro’s name has
ever been drawn from the hat?
A. As far as I know, they have not.
Q. You know they have been in the group?
A. I know that. I have sat there and watched them
come to the rail.
Q. And while sitting there watching the judge draw
their names from the hat for service on the grand jury,
since 1926, you have never seen a negro’s name drawn
from the hat?
A. I have not said I was there every time.
Q. During the times you were there, have you ever heard
the name of a negro called as being drawn from that hat?
A. No.
Q. Have you known of a negro being called and excused?
A. None that I know of.
Recross-examination.
By Solicitor Hare:
Q. You say you have frequently seen negroes on the
venire here in Court in Dallas County. I will ask you if
you have had occasion to see them come up and ask to be
excused from jury duty?
A. Yes, sir, I have.
Q. And frequently they have been excused?
A. I have seen some of them excused. I have seen a lot
of people excused on numerous occasions.
Q. Excuses are made before the grand jury is drawn?
A. That is correct.
43
Q. Mr. Gayle, you have not been at every drawing of a
jury in Dallas County?
A. No, sir, I have not.
Q. And you have in recent years had occasion to miss a
number of terms of Court due to illness?
A. I have. I was in New Orleans for about eighteen or
nineteen months. I ’d like to qualify my statement that I
have practiced here since 1926, because I was in New O r-
[fol. 47] leans with the Federal Land Bank awhile.
W illiam B. Ceaig, being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. You are Attorney William Craig?
A. Yes.
Q. Practicing attorney here in Selma, Alabama?
A. Yes.
Q. How long here?
A. Twenty years, with the exception of two years in
the navy.
Q. You are engaged in the general practice of law here?
A. General civil practice.
Q. In the course of your practice, have you had occasion
to try cases before juries?
A. Yes.
The Court: Mr. Craig is City Recorder, I
Q. I see. Then you are a judge?
A. That’s right, judge of the City Court. I
Q. Have you been recorder during the wkole period of
twenty years ?
A. No, I ’ve been recorder about ten years.
Q. Previous to that time did you have occasion to repre
sent clients before juries in criminal proceedings?
A. Yes.
Q. And your general practice is here in Dallas County?
A. Generally, yes.
Q. Have you ever known of a negro to serve on the grand
jury in this county?
44
A. No, I have not.
Q. Have yon ever known of a negro’s name drawn from
the hat for service in this county?
A. No.
Q. Have you ever known of a negro to serve on a petit
jury in this county?
A. No, I have not.
Q. You never have?
A. No.
Attorney Hall: That is all. Thank you, sir.
Cross-examination.
By Solicitor Hare:
Q. Have you ever seen negroes appear for jury duty and
names of negroes to appear on the venire in Dallas County?
A. I wouldn’t like to say. It has been a good while
since I ’ve seen a venire.
. Q- You are seldom in the Circuit Court during the for
mation of the grand jury?
A. That’s right.
[fol. 48] Q. Are you ever present at the time juries are
drawn in Dallas County?
A. Not normally—occasionally.
Solicitor Hare: That is all.
M. A lston K e it h , being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. You are Mr. Alston Keith, sir?
A. I am.
Q. Are you a practicing attorney here in Selma, Ala
bama?
A. I am.
Q. How long have you practiced here?
A. Since August, 1930.
45
Q. Is your practice general, sir?
A. Yes.
Q, You have occasion to represent your clients in both
criminal and civil procedures?
A. Yes.
Q. You have tried cases before juries in this jurisdic
tion, sir?
A. I have.
Q. You are familiar with the formation of grand juries
in this jurisdiction, with reference to color, during the
period of time you have practiced ?
A. I have been present when a number of grand juries
were drawn and impaneled.
Q. So you have seen a number of grand juries after they
were formed?
A. Yes.
Q. And you have witnessed a number of grand juries
being organized?
A. Yes.
Q. During the course of your practice, have you ever
known a negro to serve on a grand jury in this county?
A. I have not.
Q. Have you ever known of a negro to be drawn for
service on such a grand jury?
A. Not to my knowledge.
Q. Have you ever known a negro to serve on a petit
jury?
A. Not in Dallas County.
Q. Then you don’t know of any negro doing such service?
A. Not to my knowledge. It is quite possible that a
negro has served on a petit jury and grand jury and I not
know it.
Q. We realize that it might be possible.
A. So far as I know, none have served on either grand
or petit juries.
Q. Thank you, sir. Tell us, Mr. Keith, during the years
in which you have practiced in Dallas County, Alabama,
have you ever seen the names of more than two or three
persons on a jury list or venire whom you could identify
as negroes?
A. In my opinion and according to my recollection I
46
would say there have been several on every venire that !
I have examined. ,
[fol. 49] Q. When you say “ several” , what do you have f
in mind!
A. That is between three and six that I could identify \
as negroes. There may have been others. \
Q. Let’s go back to last year. Can you tell us of a par- \
ticular venire or particular term of Court when you had \
occasion to examine the venire and there were negroes
on it? I
A. I can’t name any particular term or any particular
year.
Q. Sir, I show you what purports to be the jury roll for
Dallas County, Alabama, for the years 1951 through 1953.
I realize you are a very busy man, sir, and I ’d like to have
you go through this jury list and—never mind. That is
all.
Cross-examination.
By Solicitor Hare:
Q. During your practice of law in Dallas County, have
you consistently struck negroes from serving on a petit
jury in Dallas County?
A. I have not made any practice of it. No.
Q. Have you ever represented negro clients in this Court,
civil and criminal?
A. Yes, sir.
Q. Have you ever had a request from one of your clients
to leave a negro on the jury?
A. I don’t recall that-1 have.
Q. Have you ever struck a negro from a jury in a crim
inal case in Dallas County by any agreement with the
solicitor or any officer of the Court?
A. I have not.
H akby W. G a m b l e , being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. Tour name, please, sir!
A. Harry Gamble.
Q. What is your occupation!
A. Lawyer.
Q. How long have you been a lawyer, sir!
A. Thirty years.
Q. Have you practiced that entire thirty years in this
jurisdiction here in Selma, Dallas County, Alabama!
A. Yes. I practiced one year in Florida before T came
to Selma.
Q. But you have been practicing here continuously how
many years!
A. Thirty years.
Q. I see. Is your practice general!
A. Yes, general practice, but very little criminal work.
[fol. 50] Q. However, you have had some criminal work!
A. Some.
Q. You have had occasion to observe various juries or
ganized over the years?
A. I have seen them organize a good many.
Q. Both grand and petit juries!
A. That’s right.
Q. Have you ever known a negro to serve on a grand jury
in this county?
A. No, not that I know of.
Q. Have you ever seen a negro included in the organiza
tion of a grand jury?
A. You mean------? I don’t know what you mean by
‘ ‘ organization. ’ ’
Q. When the names are actually pulled from the hat.
Have you ever known a negro’s name to be pulled from the
hat?
A. I wouldn’t know of any. There might have been.
Q. You don’t know of any yourself?
A. No, not of my own knowledge.
47
48
Q. Have you ever known a negro to serve on a petit
jury in Dallas County!
A. Not to my knowledge.
Q. You were present here in Dallas County five years
ago!
A. Yes.
Q. Do you know of any negro who served on a petit
jury five years ago!
A. Not to my knowledge.
Cross-examination.
By Solicitor Hare:
Q. Have you ever had occasion to strike the names of
negroes in the selection of a petit jury in Dallas County!
A. I might have struck them, but I have never known
them by name.
Q. Did you ever strike the name of any by any agree
ment with the solicitor or any officer of the Court?
A. No, sir.
R oyal R andolph S m it h , being duly sworn, testified as
follows:
Direct examination.
By Attorney Hall:
Q. Your name, please, sir?
A. Royal Randolph Smith.
Q. Your occupation?
A. Lawyer.
Q. How long have you been a lawyer?
A. Since June 1, 1928.
The Court: Mr. Smith is City Attorney.
Q. Mr. Smith, I understand you are City Attorney. How
long have you been ?
A. Since 1941.
Q. Previous to that time were you engaged in the general
practice of law?
A. I was Recorder from 1935 to 1941, and started prac
ticing in 1928.
49
[fol. 51] Q. From 1928 to ’35 were you engaged in the
general practice of law!
A. I still am, except I don’t have too much criminal
practice.
Q. Do you represent the City of Selma in cases appealed
from Recorder’s Court!
A. I did from 1941 until about six years ago, then I
stopped prosecuting in the City Court. Mr. Edgar Rus
sell is the prosecutor in the City Court.
Q. So you are only concerned with civil matters in the
City of Selma!
A. Yes.
Q. You have had some experience in the Circuit Court
of Dallas County, Alabama, with reference to the forma
tion of grand juries and petit juries!
A. Yes, I have.
Q. And you have seen grand juries organized in this
county!
A. Yes, I have. Numerous times.
Q. And you have seen many, many petit juries serve in
this county and in this Court!
A. Yes.
Q. During the course of your entire career, have you
ever known a negro to serve on a grand jury in Dallas
County!
A. No, I have not.
Q. Have you ever seen a negro serve on a petit jury in
this county!
A. No, I have not.
Cross-examination.
By Solicitor Hare:
Q. Have you had occasion to strike negroes in the selec
tion of petit juries!
A. I don’t recall that I have, Mr. Hare.
Q. If you have struck any, has that been by agreement
with the Court or the solicitor or any officer of the Court!
A. No, it wouldn’t have been by agreement, but I don’t
recall that I have ever struck any.
Q. I will ask you, in your years of practice here, if you
4— 53
50
have ever seen the names of negroes on the venire of Dallas
County?
A. I don’t recall that I have.
Q. You usually get a copy of the venire and check it?
A. Yes, sir, but of my own knowledge I don’t recall that.
Sitting here this morning in 1953 I can’t recall any occa
sion of it.
The Court: We will take a ten minutes recess.
(Court stands in recess for a few minutes, then called to
order and trial resumed)
[fol. 52] E dgar A. S tew art , being duly sworn, testified
as follows:
Direct examination.
By Attorney Hall:
Q. Your name, please, sir?
A. Edgar Stewart.
Q. Your profession?
A. Attorney at law.
Q. Where do you practice?
A. In Selma.
Q. How long have you been practicing here ?
A. Since June, 1932.
Q. Have you been engaged continuously in the general
practice of law since 1932?
A. Yes, with the exception of the war years, when I was
in service.
Q. Your practice is general?
A. It is chiefly civil. I have no criminal practice.
Q. Have you ever witnessed the formation of a grand
jury in this county?
A. Yes.
Q. Have you been present on occasions when these juries
were organized?
A. Yes.
Q. Do you know of any single occasion when a negro has
been drawn for service on any grand jury in Dallas
County?
51
A. I do not.
Q. Have you ever seen a negro’s name drawn for such
service ?
A. You mean on the venire or grand jury?
Q. For service on the grand jury.
A. I have never seen a negro serve on the grand jury.
Q. The general practice is to draw up your venire from
your jury box and from them, from that particular number
of names or list the grand jury is drawn?
A. That is correct.
Q. Now, sir, what we want to know is this: have you ever
known a negro to be drawn for service on a grand jury in
Dallas County?
A. No, I have not. I have known negroes to be on the
venire from which the grand jury is drawn.
Q, You have seen negroes’ names on the venire?
A. Yes.
Q. Do you recall the first occasion you remember seeing
a negro’s name on the venire in Dallas County?
A. Specifically, no; but I recall on at least one or more
occasions fifteen or more years ago negroes’ names on the
venire.
Q. Do you recall whether there were one or two or sev
eral?
A. No, I don’t recall the specific number or the names.
Q. But you know there were some names, or a number
of names, on the venire?
A. That is correct.
Q. I see. Getting back to the grand jury, you have never
known a negro to serve as a grand juror in this county?
A. No.
Q. You have never known a negro’s name to be drawn
for service on a grand jury who was excused for any
[fols. 53-54] reason?
A. No.
Q. Have you ever known a negro to serve on the petit
jury in this jurisdiction?
A. I have in this jurisdiction. Not in this Court.
Q. In this Court?
A. In the Circuit Court of Dallas County, Alabama, no.
Q. That includes all of the petit juries, civil and crim
52
inal! You have never seen a negro serve in Dallas County,
Alabama !
A. Not actually serve, no.
Cross-examination.
By Solicitor Hare:
Q. You say that you have frequently seen names of
negroes on the venire in Dallas County!
A. Yes.
Q. And have you struck them when the venire contained
the names of negroes!
A. Yes, sir.
Q. Have you consistently struck the names of negroes
from the venire of petit juries ?
A. The names have been struck. I have never had one
serve on a jury in a case which I was trying.
Q. Do you practice in the Federal Court!
A. Yes, sir.
Q. I will ask you if you have ever seen a venire issued
by the Clerk of the Circuit Court of Dallas County bearing
the names of negroes, on which those persons were iden
tified by some mark as being members of the negro race!
A. I have not.
Q. Have you ever seen venires from the Marshall of the
Federal Court Southern District of Alabama on which the
names of negroes were identified as such!
A. Yes, sir, I have.
Solicitor Hare: That is all.
# * * # # # *
[fol. 55] B. V alen tin e Hain, being duly sworn, testified
as follows:
Direct examination.
By Attorney Hall:
Q. Your name, please, sir!
A. B. V. Hain.
Q. Mr. Hain, what is your profession!
53
A. I am an attorney at law.
Q. Where is your office located?
A. 1000% Water Avenue, Selma,
Q. That is in Selma, Alabama?
A. Yes.
Q. And Selma is in Dallas County?
A. Yes.
Q. How long have you been practicing here ?
A. I was admitted to the Bar in 1941.
Q. Is Selma your home?
A. Yes.
Q. You were born and reared here in Selma?
A. In the county, yes.
Q. In Dallas County?
A. Yes.
The Court: You were out a couple of years, in the
service ?
The Witness: Yes, from 1942 to 1946.
Q. Are you engaged in the general practice of law?
A. Yes.
Q. You are frequently present when grand juries are
organized?
A. Not frequently, but I have been.
Q. And you have had occasion to try cases before petit
juries in criminal proceedings in this Court?
A. Yes.
Q. Tell the Court, sir, if you have ever during your en
tire career known of a negro serving on a grand jury in
Dallas County, Alabama.
A. I have no personal knowledge of it. No.
[fol. 56] Q. Have you ever known a negro to serve on a
petit jury in Dallas County?
A. I have no personal knowledge of it, no.
Attorney Hall: Thank you, sir. That is all.
54
Cross-examination.
By Solicitor Hare:
Q. You do an extensive criminal practice in the Circuit
Court!
A. No, Mr. Hare.
Solicitor Hare: That is all.
C h am bliss K eith , being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. You are Mr. Chambliss Keith!
A. Yes.
Q. What is your profession?
A. Attorney at law.
Q. Where is your office!
A. Selma, Alabama.
Q. That is in Dallas County?
A. Yes.
Q. How long have you practiced here?
A. I was admitted to the Bar in 1939, and except for
five years in the Air Corps I have practiced here. Except
that time.
Q. Is Dallas County your home ?
A. Yes.
Q. Is your practice general?
A. Yes.
Q. Both criminal and civil?
A. Yes.
Q. Do you have a large number of colored clients, both
white and colored?
A. Yes.
Q. Have you been present on occasions when the grand
jury has been organized in this county?
A. Yes.
Q. And you have had occasions to try cases before petit
juries in this county?
55
A. Yes. j
Q. Tell the Court, please, sir, how many negroes you {
have known to serve on the grand jury in Dallas County.
A. None.
Q. How many negroes have you known to serve on petit j
juries in this county!
A. None.
Cross-examination.
By Solicitor Hare:
Q. Have you ever known of a negro or numbers of ne-
[fol. 57] groes to appear on the venire of Dallas County?
A. Yes.
Solicitor Hare: That is all.
J o h n R andolph S m it h , being duly sworn, testified as
follows:
Direct examination.
By Attorney Hall:
Q. Your name, please, sir?
A. John Randolph Smith.
Q. What is your profession?
A. Attorney at law.
Q. You practice in Selma?
A. That’s right.
Q. That is in Dallas County, Alabama?
A. Yes.
Q. How long have you been practicing here ?
A. Nineteen years, with the exception of three years
and eight months I was in the army.
Q. Is your practice general?
A. Yes.
Q. Is your clientele mixed, both white and colored?
A. Yes.
Q. Have you been present on numerous occasions when
56
grand juries were being organized in this county and in
this Court?
A. On several occasions, yes.
Q. Do you qualfiy the occasions?
A. No, I don’t remember each one. Something like
once or twice a year. Sometimes I am present and some
times I am not.
Q. For nineteen years you can say at least once a year
you have seen a grand jury organized?
A. Something like that.
Q. Have you tried many cases before petit juries in this
Court?
A. Yes, I have tried several of them.
Q. Would you say one or two, or more numerous?
A. More numerous than that. Whatever I had, if it was
one or four or five at one term of the Court.
Q. But you have tried at least several each year, at least?
A. Yes.
Q. I see. Now, Mr. Smith, tell the Court, please, sir,
how many negroes you have known to serve on grand juries
in Dallas County.
A. I don’t know—I ’ve never seen any negroes or white
people. I have never seen a grand jury, other than setting
in the chairs.
Q. You said you were present when grand juries were
being organized.
A. When they were drawn. I have never seen a negro
on the grand jury. I don’t know anything but what I have
seen.
Q. Assuming you are present when the names are drawn
out and read aloud, have you ever recognized the name of
any negro ?
A. I wouldn’t know the names of negroes. Some have
the same names as white people.
[fob 58] Q. Do you recall any occasion when a negro’s
name was read?
A. I don’t recall having seen any in the grand jury box.
I don’t recall all of the names read out.
Q. Do you recall the name of a single negro?
A. No, I don’t recall the name of a single negro or of a
white one.
57
Q. Mr. Smith, are yon a negro!
A. What?
Q. What is your race? Are you white or colored? For
the record, Mr. Smith, are you a negro or a white man?
A. I am a white man.
Q. And you are a white lawyer in .Dallas County, Ala
bama?
A. That’s right,
Q. And when his Honor is organizing the grand jury in
this county, if the name of a negro was read out you would
remember it, wouldn’t you?
A. Not necessarily.
Cross-examination.
By Solicitor Hare:
Q. Mr. Smith, over a period of years, have you fre
quently had occasion to see the names of negroes on the
venire in Dallas County?
A. I would not know, by looking at the names, whether
they were white or colored.
Q. Have you had occasion to see negroes stand by the
rail here when venires were called?
A. I have.
Q. Have you ever had occasion to strike the names of
negroes or to know that the names of negroes were stricken
in the trial of cases, by either side ?
A. Not that I know of.
Q. You do know that negroes have answered to call?
A. I have seen them standing at the rail.
Solicitor Hare: That is all.
Redirect examination.
By Attorney Hall:
Q. In trying their cases before petit juries, have you
seen any negroes on any petit jury?
A. No, I have never seen one on the jury.
58
A bch ie T. R eeves, being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. Give the Court your name, please.
A. Archie Reeves.
[fol. 59] Q. Your profession, sir?
A. Lawyer.
Q. Where do you practice?
A. In Dallas County and the surrounding counties in this
Circuit.
Q. Your office is located in Dallas County?
A. Yes, in Selma.
Q. And you practice in all of the counties located in
this particular circuit?
A. Most of them.
Q. How long have you been practicing here in Dallas
County?
A. Since 1932.
Q. And is your practice general, sir?
A. Yes. We don’t have as much criminal practice as
some of the other lawyers, but we do have some.
Q. Do you represent both white and colored clients?
A. Yes.
Q. And have you been present on occasions when grand
juries were organized in this county?
A. Yes.
Q. Have you been present when their names would be
drawn from the hat by the officials?
A. Yes.
Q. And you have listened to the reading of those names
when they were drawn?
A. Well, I have listened to them. I could hear the names,
but I wouldn’t pay too much attention to it.
Q. Have you been present on occasion when the grand
jury was being charged by the Court?
A. Yes, I have.
Q. And you have observed the grand jury at that time ?
A. I have seen the grand jury sitting in the box.
Q. And you have also tried both civil and criminal cases
before petit juries in this Court, the Circuit Court of Dal
las County, Alabama?
A. That is correct.
Q. I ’d like for you to tell the Court, please, sir, how
many negroes you have seen serve or known to have served
on grand juries of Dallas County, Alabama.
A. I don’t recall having seen any negroes actually serve
on the grand jury. I have seen them on the venire.
Q. When you say “ venire” , what do you mean?
A. I mean the venire from which the grand jury ~was
chosen.
Q. Let’s explain that for the record. What do you mean?
A. A venire is a group of men summoned to serve as
jurors, and it is generally composed of from sixty to eighty
men; and from that group his Honor will select eighteen
from the hat to act as grand jurors.
Q. From the sixty to eighty names drawn, or cards
drawn from the jury box, his Honor selects eighteen to act
as the grand jury. How does he do that?
A. Draws them from the hat.
Q. Does he put all of the cards in the hat?
A. Yes.
Q. And then he draws from the hat eighteen names to
serve as grand jurors?
[fol. 60] A. That is correct.
Q. Now, tell us, sir, have you ever known his Honor to
draw the name of one negro from that hat?
A. Not to my personal knowledge. He could have. I
eouldn’t say that he didn’t.
Q. Have you yourself known him to draw the name of
one negro from that hat?
A. Not of my personal knowledge. No.
Q. Have you ever seen one negro serve on a petit jury
actually trying a case in Dallas County?
A. No.
Q. Civil or criminal?
A. No, I never have seen one, civil or criminal.
Attorney Hall: That is all, sir.
59
60
Cross-examination.
By Solicitor Hare:
Q. Mr. Beeves, I will ask yon if yon have recognized the
names of persons you have known to be negroes on the
venire in Dallas County over a period of years?
A. Well, I will put it this way: I have seen the names of
ones I thought were negroes, but I was not positive. Lots
of them have the same names as white people.
Q. Have you ever seen negroes answer to the call on the
venire in Dallas County?
A. Yes.
Q. Have you on occasion seen substantial numbers of
those go up to the Judge and ask to be excused?
A. I have seen substantial number- on the venire.
Whether they went up to get excused, I don’t know about
that.
Q. Now, Mr. Beeves, in the selection of a petit jury in
Dallas County in a criminal case, how many strikes does
the defendant have with respect to those of the State?
A. The defendant has two strikes and the State one
strike.
Q. Have you ever had occasion to strike the name- of
negroes in the selection of a petit jury?
A. I have struck names that I thought were negroes. I
didn’t know them, and I thought they were.
Q. Have you ever had occasion to have a negro client
request that the name of some negro juror be left on the
petit jury?
A. Never had.
Q. Do you do some practice in the Federal Court?
A. Yes.
Q. Have you ever received a copy of the venire from the
Circuit Clerk of Dallas County in which the names of
negroes were identified by any mark or lettering as such?
A. No, I haven’t.
Q. I will ask you if you have ever received a venire from
the Marshal? of the Federal Court in Alabama where the
names of those persons were identified by some mark, a
“ c ” ?
[fol. 61] A. I wouldn’t want to state positively about
61
that. I know later on we found out by questioning people
in the various counties as to whether they were negroes or
white people, but as far as having it actually on the list, I
don’t recall.
Q. You don’t recall?
A. No.
Solicitor Hare: I believe that is all.
Redirect examination.
By Attorney Hall:
Q. I heard you testify just a moment ago that you have
struck the names of some because you thought they were
negroes. Were you representing negroes or white people?
A. I just don’t know about that. I said I struck them.
I didn’t know who they were. My reason for striking was
I didn’t know who they were, but I don’t know who I rep
resented at the time.
Attorney Hall: That is all, sir.
Jam es A. H are, being duly sworn, testified as follow’s :
Direct examination.
By Attorney Hall:
Q. You are Mr. James A. Hare?
A. That is correct.
Q. What is your occupation?
A. Lawyer. Circuit Solicitor for the Fourth Judicial
Circuit of the State of Alabama.
Q. That includes Dallas County, Alabama?
A. It does.
Q. How long have you been solicitor in this circuit?
A. Since July, 1946.
Q. Previous to that tim e, Avhat w ere you doing?
A. In the army.
Q. How long had you been there?
A. Four years.
62
Q. Previous to that time, were you located here in Dal
las County?
A. Yes.
Q. Were you engaged in the practice of law then, gener
ally?
A, Not generally, no.
Q. Since 1946 you have been Circuit Solicitor?
A. I have.
Q. As Circuit Solicitor, it has been part of your job to
go before the various grand juries from time to time in
this county?
A. That is true.
Q. And to deal with them and assist in their organiza
tion, and you also prosecute for the State of Alabama be
fore all petit juries?
A. That is true in the Circuit Court.
Q. Tell us, Mr. Plare, how many negroes have you known
to serve on the grand jury of Dallas County sinee 1946?
[fol. 62] A. Not one.
Q. Have you been present, sir, on occasions when the
grand jury was being organized?
A. I have, on numerous occasions.
Q. When the names were being drawn from the hat?
A. Yes.
Q. Have you ever known the name of a negro to be
drawn from that hat?
A. I have not.
Q. Have you ever known the name of a negro to be desig
nated and to refuse?
A. There is no such thing as designation for grand jury.
The venire is called and qualified, and those persons wrho
want to be excused come and talk to the Judge, and those
who are excused are stricken from the list and those cards
are pulled; and the remaining cards go in the hat. And
there is no designation. Those names are then drawn by
lot.
Q. Is it your experience that all negroes on the venire
in Dallas County during your term of office have always
been excused previous to the selection of the grand jury?
A. No, I don’t think all of them have been excused. May
be all have come and asked to be excused.
63
Q. Have you known of occasions when one or two hadn’t
been excused previous to the drawing of the grand jury?
A. I think I could recall many occasions.
Q. Have you ever known any of their names to be drawn
for service on the grand jury?
A. No, I have not. If there were five on the venire and
three would come up to be excused, there would be two in
the hat. Out of five or six, I have never known one to
be drawn.
Q. You have never known a negro’s name to be drawn
for service in Dallas County, sir?
A. I have not.
Q. I see. Getting back to petit juries, have you ever
known negroes to serve on petit juries in this county?
A. I have not. Not in criminal cases. I am never here
during civil cases. I am conducting the grand jury then,
and I have no knowledge of procedure during that time.
Q. But you are familiar with the criminal cases, and you
have never known negroes to serve on any jury in this
jurisdiction?
A. No, I haven’t. I have known their names to be on
the venire.
Q. They usually are always excused or struck?
A. They are usually struck.
Q. And none ever serve on a petit jury in this jurisdic
tion.
A. Well, the criminal lawyers who do most of the work
here have consistently made it a practice to strike them.
There has been no policy, so far as the State is concerned.
Q. I see. Getting back to the fact that no negro has ever
served, are you familiar with the population of Dallas
County with reference to race?
[fol. 63] A. Only generally.
Q. In your best judgment, sir, what is the ratio of popu
lation?
A. About two to one. In Dallas County, about two ne
groes to one white.
Q. In the Black Belt?
A. Sixty to sixty-five percent.
Q. And 35% or 40% white?
A. Yes.
64
Q. That is in your best judgment?
A. Yes.
Q. And of that number of negroes—of negro men—in
spite of the fact you have more negroes, have you ever seen
a venire with more negroes’ names on it than white?
A. No.
Q. Have you ever seen a venire with half as many ne
groes’ names as white ?
A. No, I don’t think I have.
Q. With a third as many negroes’ names as white, in
your best judgment, sir?
A. Well, now, that would be limited to the venire that
were serving in criminal cases ?
Q. Yes, sir, criminal cases. Assuming that the venire
has sixty names on it, have you ever seen one with a third
of the names negroes?
A. No, sir.
Q. Have you ever seen twenty negroes’ names on the
venire?
A. I don’t think I have. No.
Q. At any time, on any occasion, in a criminal cause?
A. No.
Attorney Hall: I see. That is all.
Cross-examination.
By Special Prosecutor Gayle:
Q. You have seen negroes’ names, like all jurors are
called up here and qualified, after they are qualified all of
those were put into a hat?
A. Yes, sir.
Q. And negroes and white alike?
A. Yes, sir, put in the hat by the clerk.
Q. And he drew out eighteen for the grand jury?
A. Yes, sir.
Q. One at a time, out of the hat, with a handkerchief over
it?
A. Yes, sir.
Q. And he drew eighteen names?
A. Yes, sir.
Q. And the names in that hat were negroes, at the same
time, there with the whites?
A. Yes, sir. Yes, sir.
Q. Then, they have been on the venire ?
A. Yes, sir.
Q. Mr. Hare, have you known white men to be on the
venire numerous times, on numerous occasions, and never
sit on a case?
A. Yes, I have known a bunch of them who come up and
ask to be excused every time.
[fol. 64] Q. And they were in that hat.
A. Yes, .sir.
Q. But they weren’t on the grand jury?
A. No, sir.
Q. And those were white people.
A. Yes, sir.
Q. You you know of that not on one occasion, but on
numerous occasions?
A. Yes, sir.
Q. And some here ten or fifteen years and never been on
a grand jury?
A. Yes, sir, and I have known other persons to serve
consecutively on the grand jury.
Q. Name go back in the box and be drawn again?
A. Yes.
Special Prosecutor Glayle: That is all.
Redirect examination.
By Attorney Hall:
Q. I ’d like to ask you one other question, please, sir. You
say you have known white people who have been on ten
or fifteen years and never served on the grand jury?
A. Yes.
Q. Do you know any negroes who have been on that
many venires and never served on the grand jurv?
A. What?
Q. Do you know any negroes who have been on that
many venires?
A. I don’t say I can recall the names of any one white
5—53
65
6 6
who have been on fifteen venires. You know names of
persons who frequently appear on the venire—I ’d say
once a year, almost. And it wouldn’t be any fifteen times.
It wouldn’t he over six or seven times. But I ’ve seen them
hit pretty regularly for jury duty.
Q. But you have known men to come up here on con
secutive venires who didn’t serve on the grand jury?
A. Yes. I think we had one member of the grand jury
several years ago who was foreman of two grand juries—
wait, I ’ll take that back. That was in Wilcox County. I
think we have had one or two men to serve on two con
secutive grand juries in the county.
Q. Mr. Hare, how many negroes do you know who have
been on more than two venires?
A. Well, now, I don’t know. I can’t say that I know too
many of the negroes or the history of the county back of
1946, but in that period of time I know that negroes have
stood up here at the rail and have been subpoenaed and
called here for jury duty.
Q. Let’s see—we are trying to get this straigh- in our
mind. White people come up time after time on the jury
list ?
A. Some of them do. That is rare. That is the excep
tion.
Q. But it is conceivable? Some may come back and back
again? Assuming, of course, that you are familiar with
the law, how often the jury box is filled and refilled and
[fol. 65] concerning the jury commission and formation of
the jury roll and the placing of certain names in the jury
box?
A. Yes.
Q. Is it your considered opinion, in view of that law,
that it is the jury commission’s duty to know each person
on this jury roll possesses all of the qualifications and none
of the disqualifications set out under the Alabama law?
A. I think that is their job.
Q. Is that their duty?
A. I think it is.
Q. Now, sir, what standard and what method are they to
use in ascertaining these things ?
A. I have no idea about that. The jury commission in
this county is appointed by the Governor and they are
responsible to the Governor.
Q. The Legislature lias set out the rules?
A. Yes, but I have no supervision or authority.
Q. We are wondering what your opinion might be on
this subject.
A. I think it would be primarily their duty to know
people on there were qualified, and if they are not qualified
I think the jury commission would not be doing its job.
Attorney Hall: I believe that is all. Thank you, sir.
County Solicitor Reese: We would like to have the privi
lege of recalling Mr. Hare.
The Court: All right.
67
J ohn P. F ur.niss, b e in g d u ly sw orn , testified as fo llo w s :
D irect exam ination .
By Attorney Hall.
Q. Your name, sir?
A. John P. Furniss.
Q. What is your occupation?
A. Public accountant.
Q. Where do you live?
A. Crescent Hill, Selma, Dallas County, Ala.
Q. That is outside of the city limits of Selma?
A. Yes.
Q. Now, have you had occasion to serve as foreman of
the grand jury of Dallas County recently?
A. Yes. I was foreman of the November term, this past
November term.
Q. Was that the grand jury which considered evidence
against William Earl Fikes and which returned certain
indictments against Mm ?
A. Yes, sir.
Q. Those are the last indictments returned, which are
8072-8082?
A. I am not familiar with those numbers.
Q. We have a copy of the indictments, if the State has
no objection. Mr. Furniss, you will observe these two
68
copies of indictments against William Earl Fikes, and ob
serve the numbers of them and the list of jurors there and
[fol. 66] the name, and tell us whether or not that is the
grand jury of which you were foreman, (Hands indictment
to witness)
A. Case No. 8082, that was an indictment that we
brought as a grand jury against William Earl Fikes.
Q. Yes, sir. (Hands another indictment to witness)
A. And in case No. 8072, that is an indictment that we
returned against William Earl Fikes.
Q. Thank you, sir. Now, Mr. Furniss, were there any
negroes on that grand jury which returned these indict
ments ?
A. No, there was not a negro on the grand jury.
Q. There were no negroes at all on that grand jury?
A. No.
Q. How often have you served on the grand jury in Dal
las County?
A. This is the second time.
Q. Have you served on any petit juries trying either
criminal or civil cases?
A. I couldn’t be positive, but I think I have served on
two petit juries.
Q. On the time you previously served on the grand jury,
was there any negro on that grand jury at that time?
A. There was not.
Q. Were there any negroes on those petit juries on which
you served, sir?
A. No, there were no negroes.
Q. I see. When was the last time you served on the
grand jury, previous to this time, sir?
A. I couldn’t be positive. I think it was 1938 or 1939.
Cross-examination.
By Special Prosecutor Gayle:
Q. How old are you?
A. Forty-one.
Q, How many times have you served on grand juries and
petit juries, did you say?
A. To the best of my memory, I have served twice as a
grand juror and twice as a petit juror.
69
Q. Were you present the day that the venire was called,
when they formed your grand jury?
A, Yes, sir.
Q. Did you see any negroes here in Court on that venire ?
A. Yes.
Q. And that was the same time the grand jury was or
ganized by the Judge, and you saw him draw the names out
of the hat?
A. Yes. I was sitting very close. I was sitting in the
first seat, I was able to observe the procedure, the draw
ing.
Q. That was after the excuses had been taken, was it
not?
A. Yes.
Special Prosecutor Gayle: That is all.
[fol. 67] Redirect examination.
By Attorney Hall:
Q. You say that the Judge did draw the names from the
hat after the excuses had been taken?
A. That is true.
Q. And did you observe negroes as members of that
venire ?
A. I did.
Q. Did you observe whether or not those negroes had
been excused previous to the drawing of the names from
the hat?
A. One was disqualified because he was a felon. He had
been previously convicted of a felony, and there was one
that pled his age.
Q. Do you recall when he had been convicted of that
felony?
The Court: It was in Federal Court. He was from Plant-
ersville, convicted in Federal Court about two years ago.
He was down to the left and I noticed his hand held up
and I called Judge Moore’s attention to it. His name was
Mark Sherrer, from up in the Plantersville section.
Q. And the other one?
A. There was one negro that when the Judge asked the
jury were any over sixty-five, he stated that he was over
70
I
sixty-five and wished to he excused, and he was excused.
Q. And what happened to the rest of them?
A. They sat over in the court room while the names were
drawn from the hat in the formation of the grand jury.
Q, Do you recall how many negroes were left!
A. I would say there were five. I couldn’t be positive. I
thought there were five.
The Court: His recollection is correct.
•“''Q rT see. Jsiow, Mi\ Furnxss, you do know that there
were five negroes, members of that venire, and that their
names went into the hat?
A. That is true.
Q. And you also know nobody was withdrawn for service
on the grand jury?
A. That is true.
Q. How long have you lived in Dallas County?
A. I am a native of Dallas County.
Q. And how many negroes have you known during the
course of your life to serve on juries, either grand or petit,
in Dallas County during the whole of your life ?
A. I have known no negroes, to the best of my knowl
edge, to serve on a jury in Dallas County.
Attorney Hall: No further questions. Thank you, sir.
Special Prosecutor Gayle: That is all.
The Court: We stand in recess until one-thirty.
(Court stands in recess for lunch, and then called to
order and trial resumed)
[ fo l . 68] W allace H il l , b e in g d u ly sw orn , testified as
fo l lo w s :
Direct examination.
By Attorney Hall:
Q. Is this Mr. Wallace Hill?
A. That is correct.
Q. What is your occupation?
A. Assistant cashier of the City National Bank of Selma.
Q. Are you chairman of the jury commission of Dallas
County?
71
A. I am.
Q. How long have you served in such capacity?
A. In this capacity? The present commission was ap
pointed in 1951—I think that’s right—whenever Mr. Per
sons went in as Governor.
Q. Had you served on any previous commission?
A. About six months on the prior one.
Q. I see. During your course of service, sir, were you
and the other members of the commission responsible for
the preperation of the jury roll for Dallas County?
A. That is true.
Q. You did prepare jury rolls for each year you served?
A, We prepared one jury roll, that I know of, prior to
this year.
Q. What year was that, sir?
A. When the present commission went in, 1951. I think
that is right. Whenever Mr. Persons went in, about Oc
tober of that year.
Q. About October of the year you were appointed?
A. That’s right.
Q. Assuming that 1951 was the correct year, from 1951
up until October, 1953, you had only prepared one jury
roll?
A. That is correct.
Q. Will you tell the Court how you and the members of
the commission went about preparing that roll, sir?
A. We made up a list of names on some work sheets,
which we transferred to a jury roll.
Q. Off on work sheets?
A. On work sheets.
Q. Where did you get your names from, Mr. Hill? ,
A. We got our names from several places: from per- |
sonal contact, from the registration list, and from the city I
directory.
Q. You did use all of those references?
A. To some extent we used all of them. Yes.
Q. Are you the same Mr. Hill that testified on the pre- {
vious hearing on the motion to quash the indictment against j
William Earl Fikes ?
A. I was here the first of October.
Q. Do you recall the style and number of the case?
72
A. No, I do not.
Q. What were the results of the hearing in that partic
ular case?
Solicitor Hare: We object. Irrelevant, incompetent, im
material.
The Court: Sustain the objection as to what the final
[fol. 69] termination was.
Attorney Hall: We note an exception.
The Court: All right, you have an exception.
Q. Have you made up another jury roll since October,
1953?
A. We have.
Q. When did you make it up, sir?
A. October of this year.
Q. What date of October, sir?
A. You can’t make it up on any particular date. You
have to have time on it. We made it up during the first
part of October.
Q. Was it completed in October of this year?
A. Yes.
Q. What date was it completed?
A. I will say it was completed by the seventeenth.
Q. Was it completed by the first Monday of October of
this year?
A. It was not.
Q. Had you begun work on it by the first Monday of
October ?
A. We had begun to get the names together.
Q. Do you recall the date of the hearing of the previous
cause?
A. I think it was on a Monday. I think it was the fifth
of October.
Q. Let’s see, sir. Do you mean that on the fifth of Oc
tober of this year that there was pending in this Court a
cause against this defendant, William Earl Fikes, which
was more or less the same cause that is now pending
against him in case No. 8072?
Special Prosecutor Gayle: We object, unless he knows
of his own knowledge.
Attorney Hall: We asked him if he does know.
The Court: Over-rule the objection. ...
73
The Witness: Yon confuse me now.
The Court: Read him the question, Mrs. Bailey.
The Court Reporter: (Reading from her notes) “ Let’s
see, sir. Do you mean that on the fifth of October of this
year that there was pending in this Court a cause against
this defendant, William Earl Dikes, which was more or
less the same cause that is now pending against him in case
No. 8072?”
The Witness: I don’t understand the question.
Q. We will put the question this way: was there being
heard in this Court house on October 5 of this year certain
motions having to do with indictments returned against
William Earl Dikes?
A. There were.
Q. Those motions were being heard on October 5 of this
year, is that true?
A. I am sure that is true. r
Q. Do you recall whether or not the first Monday of Oc- I
[fol. 70] tober fell on the fifth this year?
A. I think it did.
Q. So, on that date you were not making a jury roll.
A. We had been in the process of gathering a few names
together prior to that date.
Q. Will you tell the Court when you started gathering
those names?
A. No particular time. We just gather a few names )
and put them on a piece of paper, and when we start the 1
roll we use them.
Q. How did you know they weren’t on the roll?
A. People would come to us and say, “ My name is not (
on the roll and I ’d like to be on there ’ ’, or we’d find some |
people who have moved to town and we put their names on (
the roll. !
Q. How would anyone know whether or not his name
was on the roll?
A. They don’t know. They think so.
Q. But they do come to you and say, “ My name isn’t on
the roll and I ’d like to be on it?”
A. They say, “ I haven’t been drawn and I ’d like to be
on it.” We put the names on a piece of paper, and when
we have a meeting we ask if his name is on the roll.
74
Q. Did you or not have a meeting on October fifth of
this year?
A. On October fifth of this year we were subpoenaed to
be in this court house. We worked some on the rwll during
that time, that afternoon.
Q, Do you recall—I believe I asked you this question
before. I don’t mean to repeat. Do you recall what date
in October you had the present roll finished ?
A. I think I said the seventeenth.
Q. Now, sir, in preparing the jury roll for Dallas
County, Alabama, did you consider the names of every
eligible male citizen of this county between the ages of
twenty and sixty-five?
A. Not every eligible male, no, we didn’t consider every
one.
Q. Why didn’t you?
A. They are unknown to us, a lot of them.
Q. Did you list on your jury roll the names of every male
citizen of Dallas County?
A. We did not.
Q. Listed in the city directory?
A. No, we did not.
Q. Why?
A. Well, one reason, we didn’t know all of them.
Q. You had the city directory?
A. Sure, but a lot of them in there are not qualified
jurors.
Q. Do you assume that they are not qualified or that
they are qualified?
A. In some cases you know they are not qualified.
Q. Did you list all of the names listed in the city direc
tory of Selma, Alabama, that you had no reason to believe
were not qualified?
A. No, we did not.
Q. Why didn’t you ?
A. [ i is our duty to be sure they are qualified before we
put them in the box—before we put their names in the box.
[fol. 71] Q. So it is a rule of procedure to assume that the
male citizens of Dallas County who are not known to you
are not qualified to serve as jurors ?
A. No.
75
Q. What is the rule of presumption?
A. We have no rule of presumption. We put their names
on the jury roll when we are sure they are qualified.
LQ. And only when you are sure they are qualified?
A. In our own mind.
Q. Are you familiar with all of the statutes governing
your office?
A. I have been exposed to them and read them.
Q. Isn’t it a fact that you are charged with listing all
of the names of male citizens?
A. That is in there, hut there is also a section that says
the omission of some names would not void the roll.
Q. We would like to know if you omitted some name for
a reason and if you included some names for a reason?
A. We omitted a lot of names for a reason.
Q. Were you familiar with all of the names you omitted?
A. No.
Q. Did you know them by reputation?
A. No.
Q. Did you have reason to believe they were unqualified
to serve?
A. A good many were exempted from serving.
Q. Did you have reason to believe they were not qualified
or exempted from service?
A. I can’t answer that question. I am confused here
myself as to what we are driving at.
Q. You are chairman, and did meet this past October and
consider these names?
A. That’s right.
Q. And did you place on this new roll a certain number
of the male citizens of Dallas County?
A. That is true.
Q. Are all of the names on this roll between twenty-one
and sixty-five qualified to serve?
A. We think so.
Q. Is it not a fact that some among them are not quali
fied?
A. If they are, we don’t know it.
Q. Don’t you know that one on there was not qualified by
reason of the fact he was a felon?
A. We didn’t know it at the time.
76
Q. Didn’t you know there was another who might be ex
empt because he was over the age of sixty-five?
A. I heard that.
Q. So that a number of the names on this roll are not
qualified or exempt?
A. That is possible.
Q. Why didn’t you list every male citizen over the age
of twenty-one?
Solicitor Hare: We object to that. There is nothing in
the law that directs him to do that. The question is improp
erly framed. I object to the question.
[fol. 72] The Court: Sustain.
Attorney Hall: We would like to take exception to your
Honor’s ruling.
I The Court: You have an exception,
j Q. Your commission has a clerk?
i A. It does.
i Q. Does your clerk visit in the precincts once a year?
] A. We have just recently gone into the fact that she
I tj. D id she do that b e fo re m aking this ro ll?
| A. No, sir.
Q. Doesn’t the statute direct her to go out there and
ascertain who might be qualified for jury duty?
A. It does.
Q. So that as a matter of fact you did not have the bene
fit of your clerk’s research in Dallas County previous to
making up this jury roll?
A. Not the entire county.
Q. Who did you take care of, what particular portion?
What did you do to make up for it?
A. We asked the reputable people within the precinct
bounderies to help us, in that manner.
Q. Please explain, sir.
A. We asked persons that we knew, vTho lived in certain
precincts, if they would help us in selecting qualified
jorors.
Q. Did you ask them to help you get all of the names of
jurors, or did you leave it up to them who might be quali
fied?
77
A. We told them to get us the names they thought would
qualify.
Q. The persons you asked were not members of your com
mission?
A. They were not.
Q. Yet you delegated to them the responsibility and the
duty to determine whether or not persons who lived in their
precinct were qualified.
A. We did not delegate that to them. We asked them to
submit names to us that they thought were qualified.
Q. You definitely told them to submit only the names
that they thought were qualified?
A. That is right.
Q. Tell us, on your previous jury roll—I think you ex
amined the roll in the previous hearing, case No. 8809?
A. I am not familiar with the number, but it was in
October.
Q. Is that the jury roll which your commission had made
up?
A. It was.
Q. How many negroes were you able to identify on that
roll?
A. I don’t remember.
Q. Do you think, sir, that you could identify any persons
on this roll as being negroes?
A. I am not sure that I could.
Q. I show you this booF marked Exhibit A, which is De
fendant’s Exhibit A, and purports to be the jury roll for
[fol. 73] Dallas County, Alabama, for the year 1951 to ’53,
and ask you to examine it, sir, and point out to us the
names of persons you know to be negroes.
The Court: Mr. Hill can take the book and retire to the
jury room, and we will start- with the next witness.
Attorney Hall: This is off the record------ (not recorded).
Q. You only found three names that you could identify
as colored?
A. Right.
The Court: On what page, in what precinct, and what ex
hibit ?
Attorney Hall: Exhibit A, on page — there is no page
number, on one of the pages for Precinct 36, the names of
78
William Boyd, Benjamin H. Bender and Ned Braxton writ
ten in pencil were the only ones which Mr. Hill could
positively identify as being negroes.
Q. So that to all intents and purposes, up until October,
1953, there were only three negroes on the jury roll of
Dallas County, Alabama, that you knew?
A. In that present roll.
Q. That was the jury roll for Dallas County at that
time ?
A. That’s right.
Q. On up until October, 1953, of this year, 1953?
A. That’s right.
Q. And since that time you have made a new jury roll,
is that true?
A. That is true.
Q. Do you know how many negroes there might be on the
new jury roll?
A. I ’d say at least 250.
Q. What leads you to believe you have that many on
there ?
A. We took a rough count on them at that time.
Q. How did you tell they were negroes?
A. We asked about them.
Q. You asked about them before or after you put them
on there, sir? -——.
.A. We asked about theip beford we put their names on
the roll. ~~™ '
Q. Let’s see, sir, if we can follow you. In making up
your new jury roll sometime in October, 1953, how did you
go about making up that roll?
A. Well, as I explained before, we used personal con
tacts, the city directory, the telephone book, and personal
knowledge.
;Q. All right, sir. Personal contact. Do you mean that
you used personal contact in order to ascertain all of the
names on there ?
A. Oh, no.
Q. To what extent did you use personal contact?
A. I don’t know to what extent. Just persons that we
knew and came in contact with in everjMay life.
Q. To what extent did you use the city directory, sir?
79
A. Well, we went through the directory.
[fol. 74] Q. For what reason?
A. We wanted names for this jury roll.
Q. You didn’t use all of the names in the city directory?
A. No.
Q. Why not?
A. A lot were exempt.
Q. How could you tell who was exempt? What we are
trying to do is trying to find out how you go about making
up your jury roll.
A. We don’t know all of those people by name.
Q. Why didn’t you use every male name in the city di
rectory of Selma?
A. For the reason there are a lot of conditions we are
unsure of. We don’t know whether they are over sixty-five
o*J.f they have been convicted of a felony.
Q. So that all you did use you know their moral charac
ter ?
A. We know of it. I presume we know of it, or some
member of the commission knew of it.
"“ Q. So, as a matter of fact, you are not sure of the moral
character of the names on your jury roll.
A. To a great extent, we are. You asked me was I sure
of all of them personally. I don’t know them all. I said
that some members of the commission would know those I
don’t know.
Q. But the commission as a whole you feel is sure of the
moral character of every name on this book?
A. That’s right.
Q. And you are sure of the qualifications of every man
on this roll to serve as a juror?
A. As far as we know.
Q. Which is marked Exhibit X, and purports to be the
jury roll of Dallas County, Alabama, compiled October,
1953. I mean, not you personally, but you as chairman of
the commission feel that you can be sure that every name
on this roll possesses all of the qualifications and none of
the disqualifications set out by the statute of the State of
Alabama ?
A. Yes, until we are shown different.
Q. To what extent did you use the telephone directory
80
in ascertaining whose name should be placed on this roll?
What was its purpose?
A. Well, the telephone directory, I used that book per
sonally. I know it was used.
Q. Why did you use it?
A. I was particularly interested in getting the names of
people in a certain precinct.
Q. Just how would you use the telephone directory in
trying to get the names of people in a certain precinct?
A. Gro by the address.
Q. I assume you already had the names?
A. Not necessarily.
Q. You just went through the directory, name by name
and page by page?
A. That’s right.
Q. How did you go about listing the 200 or 250 negroes
whom you say are listed in this book?
A. Some from the city directory, and some were ob
tained from these gentlemen who helped us gather names
„4_for qualified jurors.
[fol. 75] Q. I assume, then, when you put them on the
roll you knew they were negroes?
A. At one time we did. I don’t know that I could pick
them out on there now.
Q. At the time you put them on there, at the time you
were making up the jury roll, did you know they were all
negroes ?
A. Yes.
Q. Did you put them on there because they were negroes ?
A. Not in every case. They were qualified jurors.
Q. Let’s see if I follow you, sir. Does your commission
set out to put a certain number of negroes on that roll?
A. No certain number.
Q. How did you go about it, to put negroes on it at all?
Now, you only had three on the previous roll.
Special Prosecutor Gayle: We object to that. He said
he only knew of three.
The Court: Sustain the objection, because Mr. Hill testi
fied he could only identify three.
Attorney Hall: We didn’t intend to confuse the witness.
Q. Now, to your knowledge, there were only th
groes on the previous roll?
A. That is true.
Q. And how do you know or why do you know that there
are at least 200 or 250 on the present roll?
A. Well, during this last hearing, if I may bring that up,
it was more or less brought out that there were not many
negroes on the jury roll. The commission thought they
should rectify that matter, and they went about it, trying
to do so.
Q. So what did you do, Mr. Hill?
A. We made a specific point of trying to include qualified
negroes in our jury roll.
Q. How did you go about doing that ?
A. We asked prominent men within the community to
offer to us the names of qualified negroes to be placed in
the box.
Q. Let’s see if I understand you, sir. You went to prom
inent men in the various communities and asked them to
give you the names of some qualified negroes!
A. We didn’t specifically say negroes, we said qualified
people including negroes.
Q. You did not say, “ Give us the names of some qualified
negroes” , but you said, “ qualified people, including ne
groes” ?
A. That’s right.
Q. And now, after you had gotten these names, how did
you go about ascertaining how many you had that were
negroes?
A. You mean names they had given us?
Q. Yes, since you had made no particular effort to get
negroes as such.
A. We asked people to designate on the list given us
the names of those who were negroes.
[fol. 76] Q. You went to prominent men in the various
communities and asked them to give you the names of
qualified citizens in their communities who could serve as
jurors and whom you could list on your jury roll, and you
asked them to set out and specify which of those names
were white and which were colored ?
6—53
82
A. That’s right,
Q. I see. And having gotten this list, you included those
names on your jury roll?
A. That’s true.
Q. So that you can be fairly well certain of the number
of negroes you have on the jury roll.
A. That is true.
Q. I see. Do you designate the persons on your roll by
some symbol or anything to set out whether they are white
or colored!
A. We do not.
Q. Do you know the total number of names you have on
the present jury roll?
A. I ’d say between fifteen and sixteen hundred names.
Q. Do you recall the number you had on the previous
roll?
A. Not exactly. I think it was around 1,300. I am not
positive.
Q. I see, Mr. Hill, do you think you could go through the
list and determine which of these persons were negroes?
A. Not in all cases.
Q. Are all of the persons whose names are on this roll
in the jury box?
A. They are.
Q. All of them?
A. They are, except those who have been pulled for
service.
Attorney Hall: Your Honor, please, may we have the
jury box?
The Court: Mr. Sheriff, bring the jury box in, please,
sir.
(The sheriff leaves the court room to get the jury box)
Q. In your best judgment, what proportion of these
negroes do you think you could identify?
A. I don’t know. Particularly within the county, there
are some of them that I don’t know personally.
Q. Did I understand you to say that these names were
given to you on work sheets or lists?
A. That’s right.
Q. Does your commission have those lists in its posses
sion ?
A. I don’t know. I think most of those lists were de
stroyed.
Q. Do you think you could identify at least half of those
names of negroes?
A. I could try.
Q. We don’t want to take up your time unless you could
identify half or at least half.
A. I think I could.
Q. We show you this book, purporting to be the jury
roll for Dallas County, Alabama, compiled October, 1953,
which is marked Defendant’s Exhibit X, and ask you to
examine the names written in that book and point out for
the Court, if you please, which of those names are those of
colored people—or as many as you can,
A. You want to go through this entire book?
[fob 77] Q. Yes.
The Court: I prefer letting Mr. Hill retire to the jury
room.
The Witness: How do you want me to do this? Mark
the roll?
The Court: No, sir, don’t mark the roll. I will give you
a pad of yellow paper that you can take with you and
mark the page or precinct they are taken from.
(The Court hands pad to the witness.)
The Witness: What do you want on this ?
Attorney Hall: Just the number of negroes, if you ascer
tain them by precincts.
(Witness leaves the court room with Exhibit X and pad.)
83
C. C. T hom as , being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. Are you Mr. C. C. Thomas?
A. That’s right.
Q. What is your occupation or profession?
84
A. Druggist.
Q. Is your place of business located in Dallas County,
sir?
A. Yes.
Q. In the City of Selma?
A. Yes, sir.
Q. How long have you lived here?
A. Forty-two years.
Q. Are you a member of the jury commission of Dallas
County?
A. I am.
Q. How long have you bee- a member of such commis
sion ?
A. I was appointed by the present Governor in his first
year.
Q. That was in 1951?
A. Yes.
Q. And you are still serving at a member of that com
mission?
A. Yes.
Q. Mr. Thomas, how many jury rolls have you prepared
or helped to prepare as a member of the jury commission
of Dallas County, sir?
A. Only two.
Q. Do you recall when you prepared your first one, sir?
A. At our first meeting that year.
Q. In 1951?
A. Yes.
Q. I see. Do you recall, sir, how many negroes were
included on that roll?
A. I think there were thirty-five or forty. Let me clear
myself. I am not sure whether we prepared a roll or
whether we went on with the roll and box as was, and
added names to that box. I am not positive about that.
Q. I ’d like to show you this book, marked Exhibit A,
purporting to be the jury roll for Dallas County, Alabama,
for the years 1951 up until ’53. Now those are the years
[fol. 78] during which you served as a member of the
jury commission?
A. Yes.
85
Q. And I will ask you if you remember examining that
book sometime previously!
A. I do.
Q. Do you recall when it was!
A. At the last trial of the defendant here.
Q. Do you recall the date, Mr. Thomas?
A. No. I think it was in September, wasn’t it?
Q. You think it was in September. But it was in the
cause of the State of Alabama against William Earl Dikes!
A. That’s right.
Q. When the defendant was arguing certain motions
going toward quashing the indictment because of irregu
larities in the constitution of the grand jury and petit jury
of Dallas County at the time. Do you recall how many
names you could identify on that book as being those of
negroes?
A. Only identified two in the district that you requested
that I identify them, as I remember.
Q. Do I understand you to say that you could only iden
tify two names on this roll as being those of negroes?
A. No, I think it was Precinct 36.
Q. You didn’t go through the whole roll?
A. Wasn’t asked to. No.
Q. It is your impression, then, that this roll included
the names of thirty or thirty-five negroes, is that true?
A. That’s my impression. That is, as I remember it, I
said at the time there were thirty or thirty-five.
Q. On what did you base that?
A. Having gone through the cards in the box.
Q. Do you recall that there were certain cards in the
box containing names of persons whose names were not
on the jury roll?
A. I think that is true.
Q. And you also know, as a member of the commission,
that you are to first make the roll and then make the box.
Is that true?
A. That is what we did this year, and it is not clear
what we did about it in ’51.
Q. So that, as a matter of fact, you have no reason to
believe there were thirty or thirty-five negroes on that
roll?
86
A. There were thirty or thirty-five cards in the box.
Q. But not necessarily on the roll?
A. I don’t know.
Q. I see. I believe your commission has met sometime
lately and made a new jury roll for Dallas County. When
was that?
A. Our first meeting was October fifth.
Q. October fifth?
A. Yes.
Q. What time was that? Do you recall the time?
A. The time of day?
Q. Yes.
A. I think it is usually three o ’clock in the afternoon. I
[fol. 79] work until two, and have lunch and come back.
Q. Was the case of the State of Alabama versus William
Earl Fikes being heard at that time in this court room?
A. I don’t know.
The Court: You mean the motions filed on behalf of
William Earl Fikes?
Q. Do you recall his Honor was hearing testimony on
the motions which had been filed to quash the indictments
against William Earl Fikes on October fifth?
A. I don’t think so, but I am not positive.
Q. Do you recall, sir, where your commission met at
that time? Do you recall?
A. We usually met in this room over here to the left.
Q. If those motions were being heard at that time, would
you have known it?
. A. I don't know whether I would or not.
Q. You don’t know? Do you recall, as a matter of fact,
what date you testified in the previous hearing?
A. No. That is a matter of record here in the court
house.
Q. You don’t know whether it was October fifth or not,
do you?
A. No.
Q. Do you recall what day October fifth fell on this year?
A. No.
Q. Was it the first Monday in October of this year?
A, I don’t know—I don’t remember.
87
Q. On what date did yon have the jury roll completed ?
What date in October?
A. A. We-worked about three or four times after the fifth.
l f t ja s .a b ng about the fifteenth or seventeenth, f
Q. When you say you worked about three or four times,
do you mean you had meetings?
A. Yes.
Q. I see. And did you type up the jury roll at that time?
A. No, we don’t type up the roll.
Q. How do you go about that?
A. We employ a clerk to type it up.
Q. What does the commission do during its meetings?
Just meet and write down names or compile lists or what,
sir?
A. When we make up a tentative list and agree on it,
the president of the commission employs someone to write
up the roll and the cards.
Q. Do you have any judgment or any opinion as to how
many negroes are on the present jury roll for Dallas
/County, Alabama?
A. Between 275 and 300.
Q. Do you have any opinion as to why so many are on
the present roll?
Special Prosecutor Gayle: We object to that.
The Court: Over-rule.
Q. Answer, please, sir.
A. Well, there are good many things that enter into the
/ qualifications of a citizen to qualify as a juror: his en-
| [fol. 80] vironment in which he lives, the question of
I venereal disease'------|
Q. Just where would venereal disease fit in?
A. In the effect on those born of one infected with it.
Q. All of this must be considered in determining the
, qualifications or disqualifications of a juror?
A. That is my understanding.
Q. Go right ahead.
A. And illegitimacy. That is considered.
Q. Yes, sir. What else, sir?
A. I think that about covers it.
Q. The question, Doctor, which I didn’t quite under
stand you to answer, was if you had an opinion as to why
there are between 275 and 300 negroes on the present
jury roll, compared with the thirty or thirty-five on the
previous jury roll.
A. Well, I don’t know that I have. We made a very
close study of the situation as we found it after the other
trial.
Q. When you say “ close study” , sir, what does that en
tail? Would you mind telling us just what the commission
did?
A. Well, first, to get these namê s, we took qualified
voters lists and then the city directory, telephone directory,
and we contacted men we felt were competent to assist us
with names of men competent to sit on the jury that lived
in various parts of the county.
Q. Did you list all of the names of men in this county
on the jury roll?
A. No.
Q. Why didn’t you?
A. List every man in the county?
Q. Yes, sir.
A. No, I didn’t know that was required.
Q. What men did you list, sir?
A. We listed about 1,500 in all.
Q. How did you arrive at that figure?
A. We thought that was sufficient for the requirements of
the Court.
Q. Let me understand you, Doctor. After you reached
1,500, you thought that was enough, is that true?
/ A. Yes.
I Q- And you just stopped there ?
A. Yes.
Q. I see. Doctor, in your best judgment, sir, what is the
male population of Dallas County?
A. Well, I don’t know. I think it is six or seven thou
sand. I am not sure of that.
Q. Does that include white and colored males of every
age?
A. Of every age.
Attorney Hall: At this time we would like to ask the
Court to take judicial notice of the figures which are part
of our pleading as to the fact that at the time the grand
89
jury returned the indictments against William Earl Fikes,
according to the Seventeenth Decennial Census of the popu
lation of the United States, its Territories and Possessions
for the year 1950, published by the United States Depart
ment of Commerce, Bureau of the Census, of which the
[fol. 81] courts of Alabama take judicial notice, the whitel
male population of Dallas County, Alabama, between the \
ages of twenty and sixty-four years numbers 5 .583. and \
that the negro male population between the ages of twenty
and sixty-four years numbers 6,772; and further, that the
total white male population over the age of twenty years
numbers j6,200, and that the total negro male population
over the age of twenty years numbers ̂ 8,200. If your
Honor please, if the Court will take judicial"notice of those
figures, without requiring us to------
Solicitor Hare: (Interrupting) That is all right.
The Court: Yes, sir.
Q. According to the census of the United States, as last
compiled, there are 14,400 males in Dallas County quali
fied to serve as jurors-------
_ Solicitor Hare: (Interrupting) We object to the ques
tion.
Attorney Hall: By virtue of age.
Solicitor Hare: He said qualified to serve on juries.
Attorney Hall: If your Honor please, I think the State
got me too quick. Added to that, by virtue of age.
Q. The total male population of Dallas County is 14,400.
You are aware that that is a fact?
A. You just told me.
Q. And now, out of that total number of male names,
the commission on which you serve determined that 1,500
of that number would be sufficient for the purpose of this
Court. Is that true?
A. I don’t know how we arrived at it—state your ques
tion again.
Attorney Hall: I will ask you to read that.
The Court Reporter: (Reading from her notes) “ And
now, out of that total number of male names, the commis
sion on which you serve determined that 1,500 of that
number would be sufficient for the purpose of this Court.
Is that true?”
90
The Witness : We determined that, yes.
Q. All right. Now, Doctor, how did you go about deter
mining what negroes to put on the jury?
A. The same way we went about getting white people.
Q. How is that?
A. By contacting people and swapping knowledge be
tween ourselves, from the city directory and voters list,
and then by personal contact.
Q. Am I to understand that you didn’t know whether
you were putting negroes on there or white people?
A. No, I think we knew.
Q. How did you know that you were adding negroes?
A. Just by—well, in the directory, I think it is des-
[fol. 82] ignated.
Q. Does the city directory designate whether or not a
person is colored or white.'
A. Yes. And then we depended on people that hues'
them. I couldn’t identify this negro or that negro on the
roll. We took the word of competent people.
Q: When you say “ competent people” , what do you
mean?
A. People well enough acquainted with them to know
their competency.
Q. How did you determine who would be well enough
acquainted with negroes to determine they would be quali
fied to serve as jurors?
A. People in their community. They know pretty well
the reactions of colored people in their communities.
Q. Do I understand you to say that you went into the
various beats and precincts and contacted people? How
did you do that, sir?
A. As I would meet them here in town or out in the
country. I didn’t go out for that particular purpose.
Q. From the fifth of October through the seventeenth
of October, during the course of your meetings here and
the compiling of this jury roll, you had time to meet in
town persons who gave you various names? You made no
definite effort to get these names ?
A. You can call it definite or not.
Q. Did you go to people and ask them to give you a list
of names of negroes?
91
A, Yes, negroes and whites that are capable of serving-
on the jury.
Q. So you told these people you wanted people who
were capable of serving on the jury!
A. That’s right,
Q. The people you went to, were they .members of the
jury commission!
A. No.
Q. How did you determine they were capable of deter
mining who was capable of serving!
A. In a lot of cases we told them.
Q. So you deputised them!
A. No.
Q. How did you know the exact number of negroes you
have on the jury roll, to within a few!
A, The same way we would know how many whites were
on there.
Q. Does that mean at the time you compiled that roll you
knew which were white and which were colored!
A. Yes.
Q. How did you know!
A. We had the names so we would know.
Q. Doctor, you correct me if I am wrong., The members
of the commission themselves set out and listed the. names
of certain negroes that y o u knew! t
A. That’ s” fiiptf:
Q. And then asked responsible persons scattered
throughout the county to submit names of negroes that they
felt were qualified!
A. That’s right,
Q. And in this way you got the names of the negroes who
[fol. 83] are included on this roll!
A. Yes.
Q. At the time you put their names on the roll, you knew
they were negroes!
A. Yes, sir.
Q. There was no doubt in your mind as to whether they
were white or colored!
A. That’s right. And if they hadn’t been honest men
we wouldn’t have asked them.
Q. I see. You say that it wouldn’t be any use of your
92
examining the roll, because yon wouldn’t know whether
they were colored or white?
A. I don’t think I could pick them out.
Q. Would you know whether or not they were thieves?
A. By reputation I would know they weren’t thieves,
and by recommendation.
Q. But you had to depend upon the recommendations
of the men you asked in the various communities?
A. I wouldn’t be competent to pick 1,500 men in this
county without help.
Q. Does your commission have a clerk?
A. Yes.
Q. Did you have a clerk in October, 1953?
A. Yes.
Q. What are that clerk’s duties?
A. She meets with the commission and keeps the minutes
of the commission.
Q. What else?
A. And I think we could call on her to go with us or
make contacts.
Q. Do you call on her to go with you and make contacts ?
A. We have not as yet. She was only elected in October.
Q. Of this past year?
A. Yes.
Q. You didn’t have a clerk previous to October?
A. No.
Q. What is the name of your clerk?
A. Mrs. Houston.
Q. At the time that certain motions were heard in this
Court in September with reference to indictments then
pending against William Earl Kires, in case No. 8009,
was Mrs. Houston the clerk of the jury commission?
A. She was employed just for a time. She was not per
manently elected until October.
Q. Was she acting as clerk then?
A. Yes.
Q. Had she been acting for sometime previous to that
time as clerk?
A. Well, I don’t recall how many times she did act.
Q. Do you recall whether or not Mrs. Houston was sub
poenaed as a witness in those hearings?
S3
A. She testified in that case back there.
Q. And you are now saying, sir, at that time she was not
the clerk of the jury commission of Dallas County?
A. She was not permanently employed like she is now.
Q. So, up until October of this year she was acting
merely?
A. Yes, on call.
Q. And how was she paid then? By the job!
A. So much a day.
[fol. 84] Q. And she got no regular salary as clerk? Just
paid by the day, and no monthly salary?
A. No.
Q. Has Mrs. Houston—did she in October of this year
visit any precincts or all of the precincts in this county?
A. Not to my knowledge.
Q. Has she compiled a list of all of the male citizens of
Dallas County over the age of twenty years?
A. Not to my knowledge.
Q. How long have you lived in Selma?
A. I believe I told you forty-two years, a few minutes
ago.
Q. I am sorry if I repeat. Forgive me. Do you have
a wide acquaintance among colored people ?
A. I think I do.
Q. I believe you are in the drug business?
A. That’s right.
Q. Do you have a fairly large clientele among colored
people?
A. Yes, in a retail way, but they don’t have many ac
counts and I don’t know their names.
Q. Do you think you would be pretty well acquainted
with the negroes who live in Selma?
A. I know them all by their faces, but I don’t think I
could call so many names.
Q. Can you tell us whether or not you have an independ
ent recollection of the names of any negroes who live in
Selma who are listed on the jury roll of Dallas County now,
sir? If so, approximately how many?
A. No. No.
Q. Without going through the roll?
A. No, I don’t think so.
94
Q. As I understand it, you commissioners do rely on per
sonal contact to a large extent in building the jury roll!
A. Yes.
Q. So I was merely asking you as a commissioner if you
had relied upon your personal contacts to include some on
the jury roll.
A. Well, to some extent. We discussed them, the three
jury commissioners. When we came upon a name, we would
discuss it and if some member of the commission knew him
\ well enough to recommend him he was accepted, or he was
I passed until we got further information.
Q. He has to get some means of getting into the dis-
■ cussion. One method you used was personal contact!
A. Yes.
Q. And another, the city directory and telephone diree-
| tory!
A. Yes.
Q. And some reputable person to supply his name!
A. Yes.
Q. And I assume that on your first method, personal
contact for some of. your jurors, I assume that Selma is
your largest area and most of your intelligent negroes
{ would live in Selma, and so you might have some recol
lection of negroes you yourself may have suggested as
being qualified !
A. I can’t say that I do.
Q. So that so far as you know, you did not suggest the
name of a single negro living in Selma?
[fol. 85] A. I am satisfied that I did, but I wouldn’t at
tempt to name them here.
Q. I see. Sir, were you present at the time the jury box
was filled!
A. Yes.
Q. Can you state every name listed on the jury roll of
Dallas County for October, 1953, was put on a card and
had been put in that jury box, except those that have been
drawn for service?
A. Yes, they were listed and put in the box.
Q. Can you, as a member of the jury commission of the
City of Selma, say that you put only the names of persons
you knew to be qualified to serve on the jury roll of Dallas
County?
95
A. And those recommended by someone else.
Q. So that if they were recommended by someone else,
the commission went no further into the list?
A. We always studied the list. We didn’t do too much
about the ones we asked for out in the county.
Q. As a matter of fact, the city directory for Selma does
not include the names of persons living outside of Selma?
A. No.
Q. So you could not rely on the city directory for any
names but those who lived in the city of Selma.
A. That’s right.
Q. And for the other precincts and beats you would have
to rely on other sources?
A. Yes. Not altogether. We know a lot of people in the
county, but for the majority we would have to have help.
Q. Doctor, how many persons would you say, in your
best judgment, who are over the age of twenty and under
the age of sixty-live who live in Dallas County, Alabama,
are qualified to serve as jurors in this county?
A. Well, that’s a big question. I don’t know how many
are qualified.
Q. Do you think it would be more or less than the 1,500
listed on the jury roll?
A. I feel sure it would be more than 1,500.
Q. Do you think it would be 3,000 out of 14,000 ?
A. It is possible.
Q. Do you think you might have half of that 14,000?
A. I don’t think so.
Q. So it is your personal opinion that at least half of
male citizens in Selma, over the age of twenty in Selma, are
not qualified to serve as jurors?
A. Did you say Selma or Dallas County?
Q. That was my mistake. Dallas County.
A. That’s right.
Cross-examination.
By Solicitor Hare:
Q. The statute excludes a great many persons from jury
service, doesn’t it?
A. Yes. School teachers, lawyers and doctors and under
takers and pharmacists-^— (voice trails off vaguely)
96
[fol. 86] Q. So when you exclude that group from, say,
50% of the male population between twenty and sixty-five
as eligible—and when you exclude the exempt list you
would cut down the figure considerably.
A. Yes, that’s right.
Q. And that excludes teachers, too?
A. Yes, sir, school teachers.
Q. You said that in your best judgment there were 250
to 300 names of male negroes on the jury roll of Dallas
County for October, 1953?
A. That’s right.
Q. Now, Doctor, the venire that was drawn for the No
vember session of Court, 1953, that was drawn from what
jury box and what jury roll, Doctor?
A. This present term of Court?
Q. The civil session of Court that preceeds the criminal
session.
A. This box was completed October 17th, and I presume
they were drawn from this box.
Q. Your were present when the box was filled?
A. Yes, sir, but I was not there when they were drawn.
Q. You would normally assume they wTere drawn from
that box?
A. That’s right.
Q. And I will ask you if the names of all persons on the
new jury roll for 1953, if their cards were made and put in
the jury box?
A. Yes.
Q. And it was from that jury box that the venire was
drawn for the November session of Court and for the pres
ent venire, for the first week of December?
A. Yes, sir.
Q. Now, Doctor, normally the law required the jury
commission to make up a jury roll each year?
A. Yes.
Q. And while you were on the jury commission, do you
know whether that was always done or not?
A. I don’t think we did it until October of this year.
Q. And Dr. Thomas, is it or not true from 1951 until you
made up this new jury roll, did you all make up any sup
plemental list of persons?
97
A. I think we did, and put the cards in that box. But
I don’t think they were entered on the roll.
Q. Since yon have been a member of the jury commis
sion, can you say that the jury roll at any time exactly re
flected the names of persons who were in the box?
A. I am sure it didn’t.
Q. As a matter of practice, you all would make up sup
plemental lists and put the names in the box and they were
not entered in the roll?
A. That is right.
Q. In your best judgment, approximately, the names of
how many negroes were in the jury box for the years 1951
through 1952?
A. I imagine there were thirty-five or forty.
[fol. 87] Solicotor Hare: That is all.
The Court: We will take a few minutes break.
(Court stands in recess for a few minutes, then called to
order and trial resumed.)
K e n n e t h M. H arper, b e in g duly sw orn , testified as fo l
low s :
Direct examination.
By Attorney Hall:
Q. Is your name Mr. Kenneth Harper?
A. Yes.
Q. What is your occupation or profession?
A. Farming.
Q. Where do you live?
A. On the Old Oriwille Road.
Q. Is that in Dallas County, Alabama?
A. In Dallas County.
Q. How long have you lived in Dallas County?
A. Fifty years.
Q. Are you a member of the jury commission of Dallas
County?
A. Yes.
7—53
98
Q. How long have yon served as such commissioner, sir!
A. Since I was appointed by the present governor when
he took office.
Q. Would you say since 1951, sir?
A. If that was the time he took office. I was appointed
right after he took office.
Q. How many jury rolls have you assisted in preparing
since you have been on the commission?
A. Two.
Q. When was your first jury roll prepared?
A. Soon after we were appointed.
Q. Ho you recall when that was?
A. Late winter or early spring of that year.
Q. And when did you prepare the other roll?
A. October of this year, the first of October. We started
the first of October and through the month of October we
worked.
Q. You started on the first of October?
A. Not the first day, but in the first week of October.
Q. Was it during the hearing of motions to quash the
indictments then pending against the defendant in this
case?
A. Yes.
Q. Did you testify as a commissioner in that hearing,
sir?
A. Yes.
Q. During the course of those hearings the commission
was then meeting preparing a new jury roll?
A. Not during the course of the hearing.
Q. Do you recall, sir, what date?
A. I don’t know what date it was, but after Court. We
didn’t work on it until after Court.
Q. At night, after the hearing?
A. Yes.
Q. But the hearing was going on during the day in this
Court?
A. Yes.
[fol. 88]. Q. I see. Now, do you recall the approximate
date that your new roll was completed?
A. Not the exact date. We have signed it, and it was
in the month of October.
99
Q. Yon don’t recall approximately! The middle of the
month, the last of the month!
A. Well, our records will show we officially approved it
on a said date in October, by the minutes of our meeting.
I can look on the record and see.
Q. Now, Mr. Harper, in your previous testimony in this
Court on motions then pending, being heard to quash the
indictments then pending against this defendant, William
Earl Fikes, did you testify with reference to the number of
negroes on the jury roll!
A. Yes.
Q. What was your testimony?
A. As I remember it, between thirty and forty.
Q. You recall that to be your testimony?
A. Yes.
Attorney Hall: If your Honor please—we will reserve
that until later.
Q. Mr. Harper, what is the number of negroes on the
present roll?
A. 250, or maybe a few over or under that. Approxi
mately 250.
Q. How can you be so certain ?
A. Because we counted them ourselves.
Q. When did you count them?
A. In the middle of November.
Q. Let’s see, now. That was after you had made your
new roll?
A. Yes.
Q. You didn’t count them before you made the roll?
A. No.
Q. How did you know they were negroes?
A. Well, we knew the names. The three of us, working it
up together. We went through the cards, and every card
in the jury box is on the jury roll.
Q. When did you fill the jury box?
A. In October.
Q. After filling the box in October, then you went back
and took the cards out of the box?
A. We do that frequently.
Q. And went through the cards to ascertain what names
were in the box?
100
A. That’s right.
Q. Then you determined how many of those names in
the box were negroes and how many whites?
A. Yes.
Q. How many whites did you have?
A. About 1,500.
Q. You had 1,500 whites and 250 negroes?
A. Yes.
Q. You didn’t know in October how many of those peo
ple were negroes, did you?
A. We just knew we were trying to get as many sub
stantial ones as we could get to put in there.
Q. You mean substantial negroes?
A. Yes. We tried to get names from every source we
possibly could, of negroes that would be material for
[fol. 89] the jury box.
Q. How did you go about it?
A. Asking different ones over the county—store-keep
ers here, and people that were familiar with them, and the
assistance of negroes in the city.
Q. Which negroes in the city?
A. Mark Thomas and Rev. Brown or Jeff-Davis, Pres
byterian minister.
Q. Those are the ones you asked?
A. Yes.
Q. They submitted names?
A. They have not as yet. They said they would.
/
Q. They didn’t submit any of that 250?
did you get those?
/A. In my neighborhood, I asked the different ones in
jny beat if they knew of any negroes whose names we could
fuse in the jury box.
Q. When you say you asked the different ones, what
do you mean?
A. Well, there is a store in my neighborhood. I went to
the storekeeper and asked him if he could furnish me
with the names of any negroes we could put in the jury
box. And we asked different men. We didn’t know any
of them.
101
| Q. These people you were asking in your neighborhood,
1 were they all white?S A. Yes.
j Q. You asked no negroes in your precinct?
I A. No.
| Q. And did the storekeepers and others questioned sup-
5ply you with names?
A.' Yes.
Q. Were you yourself familiar with the names they
supplied?
A. Yes, and those they supplied are on the jury list.
Q. How many in your precinct?
A. I couldn’t say.
Q. How many did you know personally?
A. Not but three that I could say—off-hand I couldn’t
say.
Q. Now, in going through the jury box in the middle of
November, you were able to ascertain which of those were
negroes, which were colored and which were white?
A. That’s right.
Q. Could you do that today?
A. Not by myself.
Q. But you and the rest of the commission could do it?
A. I think so, the three of us.
Q. Do you think, sir, that the three of you could do it
separately and apart from each other, that you could
determine those you knew and Mr. Hill could determine
those he knew and Dr. Thomas could determine those he
knows ?
A. Well, I think we might, yes. We had to take other
vouchers for these, because we didn’t know them.
Q. This is what I am trying to get at: I believe you testi
fied that sometime in the middle of November you and the
other commissioners took the cards out of the box and
[fol. 90] counted those that were negroes, and you testi
fied positively there were 250, more or less, and we asked
you------
A. (Interrupting) And I think the three of us could get
together and take the 250 out now*.
Q. But you would have to be together? You couldn’t
do it individually?
102
A. We would come close to picking out the 250 that way.
Q. Separately?
A. Yes.
Q. I see. Getting hack to our first jury roll, sir, that
one compiled for the years 1951 through 1953, I show
you this hook marked Exhibit A, which purports to he the
jury roll for Dallas County, Alabama, for the years 1951-
1953. I believe it is the first one compiled by your com
mission?
A. Yes.
Q. And we ask you if you will examine this book and
turn to the precinct in which you live, and tell us if there
are any names here which might be those of negroes?
A. (Witness steps down and examines book, Exhibit A)
There are not.
Q. Not a single one, sir?
As I understand it, you helped compile this roll?
Yes.
you didn’t include any negroes
A. No.
Q.
A.
Q. Do you recall why
at that particular time?
A. I don’t know that I felt there were any there capable
to serve.
Q. Did you feel there were some in October of this year?
A. Well, with the assistance of others, and they thought
they were. And I am not sure they are.
Q. You are not sure they are?
A— No.
Q. But you did include them at this time?
a yes.
You have some grave doubt?
do.
What is that based on?
I don’t know them that well, and doubt that they are
I capable of coming here and trying evidence and bringing
fin a verdict according to the evidence.
Q. Why do you feel they may not be capable, sir?
A. Well, I am not familiar with their education or their
moral background. The others thought so, and I was will
ing to accept their names and put them in there.
Q. Your precinct is twenty-five?
103
A. No, twenty-three.
Q. And there are several pages of names here (indicat
ing in Exhibit A) ?
A. About two and a half page-, probably fifty names.
Q. For Precinct 23, all of those names are white names!
A. Yes.
Q. Do you feel they are all qualified to take evidence and
weigh it?
A. Yes, I know them pretty well. There are a lot more
in Union Beat that are not in that box.
[fol. 91] Q. Those in Union Beat and not in the jury
box or on the jury roll might be qualified to serve ?
A. Might, but we don’t know them all.
Q. I take it, sir, that you don’t list persons for jury
duty unless you know them personally?
A. I wouldn’t say every one personally, but we try to
get them that we know are people of some character and
background before we put them in there.
Q. What method do you use, other than your personal
knowledge, in determining those to serve as jurors? What
method do you use in compiling your jury roll for Dallas
County, other than personal knowledge?
A. Any source we can get. Sometimes make a note in
our pocket, Somebody will say something to you about a
certain person that ought to be in the box or that ought
not to be in the box.
Q. Do you use any other method?
A. What do you mean?
Q. We assume that you are not personally acquainted
with every male citizen of Dallas County?
A. I am not.
Q. And the other commissioners probably are not either,
and the three of you collectively are not, so that it might
be necessary for you to have some reference work. We
wondered what other method you might use in getting
names of citizens.
A. We ask different ones in different beats to assist us
and furnish names.
Q. Is that your only method?
A. No.
Q. What are the other methods of getting names?
104
A. Well, just as I said: we see somebody and his name
comes before us, and we put him in or somebody says he
isn’t qualified. Well, we have asked the sheriff here to
advise us about certain ones.
Q. That includes you and Mr. Hill and Dr. Thomas, or
persons you know personally?
A. Yes, or one of our personal friends whom we have the
utmost confidence in. Then we don’t put them in the
jury box. We have no roll of the county, white or colored.
Q. Why did you compile a jury roll in October of this
year?
A. Because the law of Alabama states it must be done.
Jury roll in October of each year.
Q. Did you compile one in October, 1952?
A. No, I was not familiar with the law.
Q. Has it been the custom of the jury commission in
Dallas County to compile a jury roll each year?
A. I don’t know.
Q. We will ask you to come down here and examine
these books, purporting to be the last jury roll of Dallas
County. (Witness leaves the witness stand and examines
books as they are indicated.) This book, marked Exhibit
A, purports to be the jury roll for Dallas County for the
year 1951 to 1953; and Exhibit B, sir, which is a bound
[fol. 92] volume purporting to be the jury roll of Dallas
County, Alabama, from 1942 to 1951; and Exhibit C, which
purports to be the jury roll for Dallas County from 1931
to 1942; and ask you, sir, if there are any other jury rolls
which are or have been in your possession or which you
know about?
A. Only the one we just compiled.
Q. The one compiled in October?
A. Yes. I have nothing to do with these previous rolls.
That was none of my business.
Q. Except Exhibit A.
A. That’s right.
Q. And that one lasted for two years?
A. Approximately.
Q. So that the reason you compiled the new roll is
because the law requires you to compile it every year?
A. Yes.
105
Q. I see. Why does the new roll include the names of
250 more or less negroes and the previous roll contained
the names of many less?
A. Well, it was just thought that we should have more
negroes’ names in the bos, so we set out to try to get
negroes’ names to put in the box that were suitable to go in
there. And we used every available source we knew of.
Q. Did you use the registered voters list?
A. No.
Q. Do you think a man who is qualified to vote in Dallas
County would be qualified to serve on the jury?
A. I don’t know what the qualifications are. 1 think if
he pays his poll tax and registers he can vote, but there
are other qualifications for jurors.
Q. Did you examine the tax assessor’s list?
A. No.
Q. Do you think if a man is a property holder in Dallas
County it might indicate he has qualifications to serve?
A. Might.
Q. Do you think the tax assessor’s list might be helpful?
Why don’t you use the tax assessor’s list?
A. Frankly, I didn’t think of it,
Q. Did you go to persons of your own acquaintance?
A. That’s right.
Q. To determine what negroes you should include on
the roll?
A. That’s right.
Q. And I believe you said that you had asked two
negroes?
A. Yes, Mark Thomas and Rev. Brown.
Q. And they have not submitted any names?
A. No.
Q. Did you ask these people for names previous to the
time you compiled this roll or afterwards?
A. We work on it all the time. And at one of our meet
ings we said we would ask them, and I asked Mark and
Mr. Hill called Rev. Brown. And I told Mark we had asked
Rev. Brown and he could get with him, and I understand
Mr. Hill told Rev. Brown that Mark had been notified.
And we asked them to supply us with the names.
106
Q. Is there some special thing about these two men that
suggested these men to the commission?
A. Yes.
[fol. 93] Q. Are they leaders in the community?
A. Yes. In my association with the negro race they have
stood for the better things in the community, and I thought
they would know the ones, or would know ones to contact,
just as I did.
Q. When you say they have stood for the better things
in the community, what do you mean?
A. In my opinion and in the opinion of others, both
white and colored.
Q. Are both of these men voters?
A. I couldn’t say.
Q. They are both property owners?
A. I am sure Mark is. I don’t know whether Rev. Brown
is or not.
Q. I see. We are going to ask you, Mr. Harper, at some
subsequent time to examine the last jury roll compiled by
your commission.
The Court: He can do it now. Mr. Hill is ready to
come in.
Q, We are going to ask you to examine that particular
volume, Exhibit X, compiled by you in October, 1953,
and set down for us the names of those listed there whom
you know to be negroes. We would like for you to write
the names out and designate the precinct.
A. All right.
The Court: By name and precinct. Mr. Hill, if you
will turn over to Mr. Harper your book, and take off the
portion of the pad you used and give the balance to Mr.
Harper.
(Mr. Hill turns book and pad over to Mr. Harper, and
gives his list to Attorney Hall.)
(Mr. Harper leaves the court room with Exhibit X.)
107
W allace H il l , recalled to the witness stand, testified
farther as follows:
Direct examination.
By Attorney Hall:
Q. Have you examined the volume marked Defendant’s
Exhibit X f
A. I have.
Q. Which purports to be the present jury roll, compiled
in October, 1953?
A. I have.
Q. Did you examine it page by page to ascertain which
names listed there were negroes?
I A. I did.
Q. And did you write those names down and number
them with reference to precincts ?
A. I did.
Q. Will you tell the Court exactly how many you found?
A. Yes, 177.
Q. Were you very careful in your examination?
A. Yes. In case of doubt, I didn’t put them down.
j[fol. 94] Q. You are fairly certain that is the total nnm-
fber of negroes on the jury roll?
I A. No. This is the ones I picked out.
! Q. Do you mean there may be more ?
A. There may be more. How many, I don’t know or
I am in doubt about.
Q. How do you know these? Are you personally ac
quainted with them?
A. With some, yes. And I remember them from the
names that were turned in on our work sheets, and some
I ascertained from the address, and some from the occupa
tion as shown in the book.
Q. Have you lived elsewhere in Dallas County other than
Selma?
A. No.
Q. Do you have a large acquaintance among negroes
in Selma?
A. Not too many.
108
Q. Do you have a large acquaintance with negroes out
side of Selma?
A. No.
Q. Could you pick 177?
A. I imagine I could from both sexes.
Q. Let’s say males.
A. I don’t think so.
Q. Between the ages of twenty and sixty-five.
A. I don’t think so.
Attorney Hall: We are going to excuse you for the time
being.
Cross-examination.
By Solicitor Hare:
Q. I will ask you if you are familiar with Section 20 of
Title 30 of the Code of Alabama as it relates to the jury
commission? (Hands code to the witness.)
A. Yes, sir.
Q. In the Code, read that first part, or first sentence.
A. (Beading from the Code) “ The jury commission
shall meet in the court house at the county seat of the
several counties on the first Monday in October in each
year, and shall make in a well bound book a roll containing
the name of every male citizen living in the county who
possessed the qualifications herein prescribed and who is
not exempted by law from serving on juries.’ ’
Q. And the law has heretofore designated the first Mon
day in October as the time you are supposed to go to work
on that?
A. By the law book.
Q. Now that has been changed?
A. It has.
Q. And you are given what period of time to make the
jury roll?
A, (Reading from “ 1953 Cumulative Pocket Part’ ’ of
Code) “ The jury commission shall meet in the court house
at the county seat of the several counties annually, between
the first day of August and the twentieth day of December. ’ ’
Q. And the meeting of your jury commission and the
109
preperation of your jury roll for the year 1953 was in ac-
[fol. 95] cordance with the provisions of law pertinent to
the conduct of your jury commission!
A. It was.
Q. Do you recall when you completed that roll and certi
fied it!
A. We completed the roll by the seventeenth of the
month.
Q. By the seventeenth of October!
A. Yes, sir.
Q. Now, I will ask you if the jury box was filled about
that time!
A. It was.
Q. And if the cards that were put in that jury box rep
resented the names of all of the persons on the jury roll
at that time!
A. It did.
Q. And I will ask you if the jury that was drawn for
the week of November 9, 1953, was drawn from the fully
prepared box and newly prepared roll?
A. Yes. So far as I know.
Q. And if the present venire, that one for the session
of Court beginning December 7th, was drawn from that
box and that newly prepared roll!
A. So far as I know.
Q. You say that you served on the jury commission for
a few months prior to your reappointment in January,
1951. Do you recall that the jury commission made up a
new and complete roll for every year!
A. I don’t know.
Q. You made up a jury roll when—after you were ap
pointed?
A. We were appointed in 1951, and we made a roll in
October.
Q. In the year 1951?
A. That is true.
Q. Did you prepare a new roll in 1952?
A. Did not.
Q. Mr. Hill, did you and the jury commission prepare
any supplemental list of persons during that time from
1951 until October 1953?
110
A. We made some lists.
Q. Did you cause cards to be printed?
A. We made cards from those lists.
Q. Were those listed put on the jury roll!
A. I don’t believe they were.
Q. During the year 1951 and until October 1953, do you
know whether the names of any negroes were in the jury
box?
A. There were some names in the box.
Q. Approximately how many do you recall being in
there ?
A. I can’t set a fixed number on that.
Q. Can you give me an estimate?
A. I ’d say from twenty-five to fifty.
Q. And they were in the jury box and subject to being
drawn during that time?
A. They were.
Q. Now, Mr. Hill, you were asked previously about some
persons being disqualified by reason of being felons, or con
victed of felony. I will ask you if this roll for 1953, if
you have made any effort to determine whether persons
[fol. 96] whose names are on there have been convicted
of crime?
A. If we knew they were convicted of crime their names
would not be in there.
Q. You have access to the Circuit Court records, do you
not, in finding out about convictions? Or your clerk does?
A. I imagine we would have.
Q. And the City records, you have the privilege or you
can or do call the police department to determine persons
criminal records, if the question is raised?
A. We do.
Q. If a person was convicted in Federal Court, would
you have any way of determining whether that person was
convicted of not?
A. To my knowledge, we don’t have any way. I don’t
know whether we could or not.
Q. Have you ever called Mobile to find out?
A. No.
Q. But do you know of any records in Dallas County
I l l
to go to for you to determine whether or not a person was
convicted in the Federal Court!
A. No, sir.
Q. Now, Mr. Hill, until this roll was made in 1953, I will
ask you if the jury roll at any time exactly reflected—if
the jury roll of Dallas County, so far as you know, exactly
reflected the names of those persons on the jury roll!
A. We thought so.
Q. But you did make up supplemental lists!
A. Yes.
Q. And you put those names on the jury roll at that
time ?
A. That is true.
Q- Mr. Hill, in determining the qualifications of persons
for jury duty, you stated that you don’t know of anybody
who has been convicted of crime whose name is on the jury
roll and in the jury box. You don’t put them in there,
do you!
A. We do not.
Q. Do you put permanently ill and disabled people in
there!
A. We do not.
Q. Do you put teachers or any of those persons in the
list of those persons exempt from jury duty!
A. Not knowingly, we do not.
Q. Do you knowingly put the names of persons in the
jury box who can not read and write the English language ?
A. I don’t know of any in there that can not read and
write.
Q. Have you put the names of persons in there who are
suffering from some loathsome disease ?
A. No, as far as I know, there are none in there.
Q. Have you put in the names of any persons suffering
from venereal disease!
A. To my personal knowledge, I don’t think so.
Q. Have you put the names of persons in there who are
known or suspected to being of illegitimate birth!
A. No.
Q. Now, Mr. Hill, have you put the names of any
[fol. 97] lawyers on this jury roll or in this jury box!
112
A. Not knowingly.
Q. Have yon put the names of any doctors or phar
macists ?
A. No.
Q. Have you put the names of any teachers in that box'?
A. Not knowingly.
Q. Have you put the name of any dentist in that box?
A. No.
Q. Have you put the names of any preachers in that
box?
A. Not knowingly.
Q. Are they exempt, under the statute?
A. Teachers are exempt.
Q. And ministers?
A. "We don’t put them in as a class.
Q. Are they excluded?
A. No, but we don’t put them in there.
Q. What about policemen and deputies?
A. They are exempt.
Q. Firemen?
A. Firemen are not exempt, but I don’t know whether
we have any or not.
Q. And undertakers, do you recall any undertakers?
A. Licensed embalmers are exempt, and as far as I know
we have none in there.
Q. So, as far as you have been able to determine, none
of the persons exempt from jury duty under Section 3
of Title 30 have been included on the jury roll or put in
the jury box?
A. That’s right.
Q. Now, you said there are approximately 250 names
of negroes in the box and on the roll?
A. I said at least that many.
Q. Now, Mr. Hill, have you and the other members of
the jury commission made any diligent effort to get the
names of negroes to go on there ?
A. We have made efforts to do that, and are continuing
to do that at the present time, to get qualified negro jurors.
Q. Have you put any negro teachers in there?
A. Not knowingly.
113
Q. Or any negro pharmacists or dentists of physicians?
A. Not knowingly.
Solicitor Hare: That is all, with the right to recall.
Redirect examination.
By Attorney Hall:
Q. I believe on cross-examination you said that your
commission inquires into the legitimacy of a man’s birth
before you put him on the jury roll.
A. No, I didn’t say that.
Q. What did you say about illegitimate birth? "Was
there some question raised about that? You don’t put
persons on the roll who are illegitimate?
A. It we know it.
Q. Why?
A. We just don’t consider that as a part of a person’s
high moral character.
[fols 98-100] Q. His birth has something to do with his.
character?
A. In some cases it might have.
Q. Birth may or not have anything to do with Environ
ment. We do want to get the commission’s view on this
particular subject. Just what does the commission mean
when it says it will not put on the jury roll of Dallas County
a person of illegitimate birth?
A. That is a question that has necessarily come up
within our own commission meetings. He asked me had we
done it, and I said not knowingly.
Q. About this reading and writing the English lan
guage. Did I understand you to answer the State’s attor
ney on cross-examination that you did not have anybody
on this roll who can’t read and write the English language ?
A. Not knowingly.
Q. Why wouldn’t you put him on there?
A. 1 would if he was of high moral character and pos
sessed the other qualifications. I don’t know of any one
in there.
Q. You are not personally acquainted with most of those
people ?
8— 53
114
A. That’s right.
Q. With reference to preachers, where did that rule
come from?
A. That is not a rule, but it has been more as a practice
from the jury commission for years gone back, and it is
our own personal thought that the preachers should not
sit in judgment on their own people.
Q. So you exclude them as a class?
A. We do.
Q. And undertakers, you qualified your answer there?
You said only licensed embalmers?
A. As far as I know, you can be an undertaker and not
be a licensed embalmer.
Q. Is it the practice of this commission to exclude under
takers !
A. Some classes of undertakers we might have in there.
But the person v7ho heads the business, I don’t think we
would put him in there, but generally they are the embalm
ers themselves.
Q. If a man owns a funeral home?
The Court: Let’s use the local white funeral home. Mr.
Joe Lawrence owrns it. And let him carry on.
Q. Is Mr. Lawrence an embalmer?
A. He is, but he don’t do the embalming.
Q. You don’t list him?
A. He is not listed.
Q. Because he is an undertaker or because he is an em
balmer?
A. He is the director of a funeral home and he could
claim an exemption because he is an embalmer, licensed
embalmer.
# # # # # # #
[fol. 101] Mbs. P au lin e K. B abnes , b e in g du ly sw orn ,
testified as follows :
Direct examination.
By Attorney Hall:
Q. You are Mrs. Pauline K. Barnes?
A. Yes.
115
Q. Are y o u the clerk of the Circuit Court?
A. Yes."
Q. Mrs. Barnes, what is your occupation?
A. I am clerk of the Circuit Court.
Q. Which circuit is that!
A. Circuit Court of Dallas County, Ala.
Q. As such clerk—I withdraw that. How long have you
been clerk?
A. For a number of years.
Q. Could you tell us exactly how long?
A. Since 1928.
Q. As clerk of the Circuit Court, have you witnessed the
organization of grand juries in this Court?
A. I have.
Q. You are familiar with their formation, with refer
ence to color?
A. Yes.
[fol. 102] Q. Have you ever known a negro to serve on a
grand jury in Dallas County, Alabama?
A. No.
Q. Have you ever seen a negro’s name drawn for serv
ice on a grand jury of Dallas County?
A. I don’t remember having seen that.
Q. Have you observed the petit juries in this Court
over the years, and their formation?
A. Yes.
Q. And have you ever known a negro to serve on a petit
jury?
A. No.
Attorney Hal]: That is all. Thank you.
Cross-examination.
By Solicitor Hare:
Q. Have you ever known the name of any negro to ap
pear on the venire in Dallas County, Alabama?
A. Yes.
Q. Over what period of time?
A. Over what period? It would be hard to say, but
116
we’ve had them on the venire from time to time for I
couldn’t say how long.
Q. Would you say five years? Or fifteen?
A. I ’d say from five to ten, or perhaps fifteen.
Q. During that period of time, have you ever known
or seen a negro who was on that venire come to the Cir
cuit Judge and ask to he excused?
A. I have.
Q. Have you known them to he excused?
A. I have.
Q. Have you known them to answer to the call of the
venire in open Court?
A. Yes.
Q. Have you seen negroes available for grand and petit
jury service here in Dallas County, Alabama ?
A. Yes. v ' '
Q. They were in Court and they answered?
A. Yes.
Q. How is a grand jury drawn in Dallas County?
A. Well, all of the names are put in the hat.
Q. The names of persons on the venire who were not ex
cused and who answered their subpoenas?
A. That’s right.
Q. Who puts those names in the hat?
A. I do.
Q. Mrs. Barnes, I will ask you, over the period of years
you have been clerk of the Circuit Court of Dallas County,
if you are the one who puts the names in the hat from which
the Circuit Judge draws them?
A. Yes.
Q. During that period of time, have you ever withdrawn
the names of any persons who were on the venire?
A. Not unless they were excused by the Court.
Q. Have you ever shunted aside and segregated the
names or excluded the names of any persons who were on
[fol. 103] the venire from those persons you put in the
hat?
A. I have not.
Q. They have been there and they have been always
available for jury duty?
A. Certainly.
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117
Redirect examination.
By Attorney Hall:
Q. In your best judgment, Mrs. Barnes, what is the
ratio of white people to negroes in Dallas County?
A. I wouldn’t know.
Q. Are you prepared to say whether or not there are
more negroes than whites, or more white people than ne
groes?
A. I wouldn’t know.
Q. You have no best judgment at all with reference to
that question?
A. No, I wouldn’t have.
Q. We would like to ask you one other question, if you
please, Mrs. Barnes. Have you ever known a venire since
1928 which contained the names of more negroes than
white people?
A. No.
Q. Have you ever seen one which contained as many ne
groes as white people?
A. No, I can’t remember ever having seen one.
Q. Have you ever seen one which contained the names
of a third as many negroes as white people?
A. No.
Q. Do you think, Mrs. Barnes, you may have seen names
of a fourth as many negroes as white people?
A. Well, I don’t know all of them.
Q. We were just asking for a specific instance in which,
assuming you had a venire of eighty names, and of that
number twenty of them were negroes. Have you ever
known of such a venire?
A. No.
Q. Have you ever known of fifteen negroes on a single
venire?
A. Well, no, I can’t recall it at this time.
Recross-examination.
By Solicitor Hare:
Q. You are generally in attendance in criminal sessions
of Court in Dallas County, Alabama?
118
A. Yes.
Q. Approximately what proportion of defendants are
negroes?
A. I ’d say sixty percent, or more.
Q. Wouldn’t you say ninety percent of more?
A. I am not very good at figuring in percentages.
Q. Would you say that a vast majority of the defendants
in criminal cases in Dallas Countv are negroes?
[fol. 104] A. I would.
Solicitor Hare : That is all.
W. C . M c C a in , being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. State your name, please, sir.
A. W. C. McCain.
Q. Are you a resident of Dallas County, Alabama?
A. Yes, sir.
Q. Is this your native home?
A. Yes, sir.
Q. You have been here all your life?
A. Not all my life. Most of it.
Q. What is your occupation?
A. Sheriff of Dallas County.
Q. How long have you been sheriff ?
A. I ’ve been sheriff since the twenty-fourth of August,
1946.
Q. As the sheriff of Dallas County, Mr. McCain, have
you had occasion to attend grand jury sessions and give
evidence ?
A. Yes, I have attended lots of sessions.
Q. Have you been present when grand juries were or
ganized in Dallas County?
A. Yes, sir.
Q. Have you ever been in the Circuit Court of Dallas
County, Alabama., sir, when criminals or defendants were
being tried before petit juries?
119
A. Yes, sir,
Q. You attend most every session of Court?
A. I am required by law to attend unless excused by
the Court.
Q. How many negroes have you known to serve on the
grand jury?
A. I haven’t known any to actually serve on the grand
jury.
Q. How many negroes have you known to serve on petit
juries?
A. I haven’t known any to serve on a petit jury.
Q. I understand, sir, that over the years there have been
some negroes included in the venires in this county. What
is the largest number you have ever seen on a venire ?
A. I believe twelve—just guessing—is the most I have
seen.
Q. Do you recall when that was!
A. That is the present venire. There is more than that,
because we have some specials, but I am sure we have
twelve or above. On the regular venier there are twelve on
there, and I ’m not positive about the specials.
Q. But you mean this particular venire?
A. The present venire, for the next term of Court, De
cember seventh.
Q. If there is no objection, we would like for you to go
through there (indicating venire) and point out those
[fol. 105] twelve to us. We would like the record to show
he is now examining the venire list for the term of Court
beginning December seventh.
The Court: He is going to call the numbers as he calls
them.
Q. All right, sir.
A. No. 9, Willie Smith; No. 18, Morgan Barnes; I am
not sure about No. 26, I am not sure about that; I question
27, John Henry Roberts; I ’d like to state No. 28, I am not
sure what race, creed or nationality No. 28 is, James Sieg-
ler, Plantersville, that is a new one to me; No. 35, Young
Childers, is a negro; No. 40, John Petty, I am not positive
but I think he is a negro; No. 23—I mean 43—is Tom Wal-
120
ler; No. 45 is listed 126 Mechanic and that could be a negro,
I am not sure about that; No. 47, Charlie Bascoe, is a
negro; No. 51 I believe is a negro, Douglas Harris; No. 71,
Washington Goodwin, is a negro; I am not sure about No.
34 William T. Whiten—W-h-i-t-e-n, I do not know William
Whiten. I believe that is eleven, what I identify and what I
question on this regular venire.
Q. Did you examine the special jurors too? Six you
identify positively and six you question.
A. All three of these special jurors are white men. I
know them personally.
Q. So that, sir, you are sure of these six, and six may or
not be negroes?
A. I question them.
Q. Now, Sheriff McCain, previous to this particular ve
nire drawn for the week of December seventh, previous to
that venire what is the largest number of negroes you have
ever seen at any time?
A. The jury that served for civil week, this past grand
jury—that was the jury that was drawn for the last grand
jury and civil week.
Q. What was the total number of negroes on that venire?
Do you recall?
A. To the best of my recollection there were seven on
there. I am not positive.
Q. Do you recall the total number on the particular ve
nire?
A. It would rum from sixty to seventy-five. That’s the
number drawn for a grand jury.
Q. And the total number on the venire for the week of
December 7 is seventy-five regulars and then we have spe
cials, three specials for each capital case, is that correct?
A. Yes, three specials in each capital case.
Q. Now, are you familiar with the population with ref
erence to race in Dallas County?
A. Well, I am not familiar with that. I know that the
majority of the people listed in Dallas County is in Selma.
I know that by observation and experience.
Q. Do you have any knowledge with reference to whether
or not there are more negroes than whites or more whites
than negroes in Dallas County?
121
[fol. 106] A. I believe there are more negroes than whites
in Dallas County.
Q. In your best judgment, how many more negroes than h
whites ?
A. Well, they will run two to one, or possibly three to
one. I have never had any occasion to tabulate it.
Q. In your best judgment there are at least two to one, is \
that right ? v
A. I ’d say two to one. I believe they would run two to
one.
Q. Would that be true of negro males and white males
between the ages of twenty-one and sixty-five?
A. It would be hard for me to break that down. In some
of our beats we have a good many more negroes than white, f
Out at some of the beats, when I go to Saturday night /
parties, sometimes I find a lot more women than men. I j
have never made any tabulation on it. And Saturday after- /
noon, you walk down Washington Street you would think ]
there were ten or twelve to one; or, go over to Church
Street on Saturday afternoon and you’d say, “ My God,
what kind of population have we got?” I have never made
any tabulation on it.
Q. Would you have at least as many negro male citizens
between the ages of twenty-one and sixty-five as you have
white ?
A. Just from observation and all, we would have more
negro males than we have white males in Dallas County.
That is just from observation. I think we would.
Q. Sheriff, have you ever seen a jury venire or list which
contained as many negroes as it did white names?
A. I never have.
Q. Have you ever seen one in Dallas County which con
tained a third as many negroes’ names as it did white
names ?
A. No, I haven’t.
Q. Assuming that all twelve of these persons whom you
identified on this present venire for the week of December
seventh, assume that they are all negroes, even though you
yourself said there is some doubt about six of them, would
twelve be less than one-fourth of the total number of
names ?
122
A. No. There are seventy-five on there. I am fair in
simple arithmetic. There are seventy-five names on there.
Q. And twelve would actually be less than one-fifth?
A. Sure would.
Q. As a matter of fact, it wouldn’t be one-sixth.
A. No, it would not be a sixth of the seventy-five names
appearing on there.
Q. And that is the largest number you have seen on any
venire, is that true?
A. That is the largest I have seen on a venire.
Q. I see. Sheriff McCain, did you testify previously in
a cause entitled State of Alabama versus William Earl
Fikes, No. 8009? Did you testify in that cause to quash
indictments then pending against him?
A. I testified in the previous hearing of these motions.
Q. Now, at that time, Sheriff, were you asked to identify
certain names which appeared on the jury roll of Dallas
County as being negro or white?
[fol. 107] A. I was.
Q. Will you look at these books here, marked A, B and
C, and tell us which of them you examined?
A. (Witness leaves the stand and examines the three
exhibits) I don’t recall off-hand. I remember coming over
and looking, but I don’t recall whether I looked in one or
all three of them. I actually don’t recall.
Q. Do you recall how many names you could definitely
say were those of negroes?
A. I do recall that there were in one of the books—I
don’t recall whether I looked in all three of them—but in
one of the books I was able to identify two, I believe, that
were added in pencil. And probably I questioned some of
them just by the name. I recall this page (indicating in
Exhibit A) and out of the last four names the last three as
being negroes.
Q. You are now looking at a bound volume purporting
to be the jury roll for Dallas County from 1951 to 1953,
marked Exhibit A. You examined this same volume on
the previous hearing on the motions which we mentioned
a moment ago?
A. I believe I did.
123
Q. Do you recall whether you went through the entire
book or not?
A. I think I did.
Q. Do you recall whether or not you found any names
other than the three written there in pencil that you could
definitely identify as negroes?
A. I don’t recall being able to definitely identify but the
three.
Q. So, in your best judgment, the only names on what
purports to be a jury roll of Dallas County, Alabama, from
1951 to 1953, the only three names which you can identify
definitely are those written in pencil on one of the pages
under Precinct No. 36, which is the City of Selma?
A. Yes, sir.
Q. And would you read those three names, sir?
A. William Boyd, Benjamin H. Bender, and Ned Brax
ton.
# # * # # * #
[fol. 108] Cross-examination.
By Solicitor Hare:
Q. You say that there are more negro males in the
county than white males?
A. I believe it.
Q. In your opinion, are the negro males qualified in the
same proportion for jury duty that the white males are?
A. I don’t think so—in the same proportion.
Q. You say you have been sheriff since August, 1946?
A. Yes, sir.
Q. And you were a deputy before that time?
A. Yes, sir.
Q. Approximately what percentage of the defendants
that come before the Circuit Court of Dallas County in
criminal cases are negroes?
A. It would run ninety percent.
Q. Is that same ratio prevalent, so far as the races are
concerned, in the inferior court of the County?
A. Yes, sir.
Q. You serve the Court of Common Pleas, do you not?
A. Yes, sir.
124
Q. Mr. McCain, over the period of years that you have
been sheriff, have you had occasion to see the names of
negroes on the venire of Dallas County?
A. Yes, sir, I have served them personally and my dep
uties have served them.
Q. Have you seen them answer to call on the venire ?
A. I have.
Q. Have you seen them available for jury duty?
A. Yes, sir.
Q. Over what period of years would you say you have
seen them?
A. Well, I have seen them over a period of ten or eleven
years on the venire.
Q. And you say that you have served subpoenas on them
for jury duty?
A. Yes, sir.
Q. And you know that your deputies have served them?
A. Yes, sir.
Q. And that is over a period of ten or eleven years ?
A. Yes, sir.
Q. In your work as sheriff, do you frequently have occa
sion to see members of the negro population of Dallas
County?
A. Yes.
Q. Are you familiar with their living habits, with refer
ence to living in adultery or bigamy?
A. Yes, sir, I think I am.
Q. Is that unusual? For you to encounter negroes who
are not married and living together, or married and living
with different women?
A. I know lots of them who are living together without
without benefit of matrimony.
Q. Is that the subject of criminal action in this county?
A. No, sir.
Q. I mean is that condition within the custom of the ne
groes of this county?
A. Yes, sir.
Solicitor Hare: That is all.
125
[fol. 109] Redirect examination.
By Attorney Hall:
Q. I believe you testified that practically ninety percent
of the cases in the Circuit Court and in the Court of Com
mon Pleas involve negroes. Do you mean that ninety per
cent. of your colored population are criminals?
A. No, I mean that ninety percent of the cases that come
to court are negroes.
Q. Some small portion of the colored population over and
over again, or is it ninety percent of the population come
in here?
A. We do have some that come in here again, but we
have new ones. In a majority of my murder cases, that
is the first time this individual has been in Court—the
majority of the murder cases.
Q. What proportion of negroes of Dallas County would
you say are criminals? You are the leading peace officer
in the county.
A. I never have gave it any thought, what proportion
are criminals. Lots of them commit murder and that is
the first trouble they have been in. I don’t term them
criminals.
Q. Is that true of white people?
A. Yes. Well, I just have so many more negroes—negro
killings—than I do white, so my observation has been
mostly on the negro race.
Q. What we are trying to get at, Sheriff, is what you
mean when you say ninety percent of the cases in this Court
or in your smaller court, the Court of Common Please, in
volved colored people—if you mean that ninety percent of
the population or the majority of your colored population
are criminals?
A. No, I didn’t mean the majority of the negro popula
tion are criminals. I said that ninety percent of the cases
we have in Court involved negro defendants.
Q. I understand that, sir. Now, what is the occupation
of ninety percent of the colored population? What do they
do for a living?
A. Out in the county proper, they are farmers.
126
Q. Are they share croppers, hired hands or tenant farm
ers or land owners?
A. Of different classes. Some land owners.
Q. What is the proportion of land owners to tenant
farmers ?
A. I really don’t know.
Q. Sheriff, when you say there are a lot of negro families
living without benefit of matrimony, what do you mean?
A. I mean they are living as common law marriages,
and lots of them just living together and don’t set them
selves up as common law marriage.
Q. They do observe the distinction, and observe it when
they are just living together ?
A. Yes. Yes.
Q. And they point out definitely, “ We are not husband
and wife. We are just living together” ?
A. I run up on lots of them, just living together, and lots
[fols. 110-115] of them that claim common law marriage.
Q. And they do know the difference between common law
marriage and just living together?
A. I believe a large percent of them know the difference.
Q. Are you following your own conclusion, or did they
definitely tell you they knew the difference? Are you say
ing that they told you, “ We know we are not married.
W e’re just living together” ?
A. Well, I have lots of cases where they definitely know
the difference between a man and a woman that are not
married.
Q. When you say “ not married” , do you mean having
gone through a ceremony?
A. Some claim a common law marriage and some call it
a housekeeper. I never have------
Q. (Interrupting) Does Alabama recognize common law
marriage ?
A. Yes.
Q. Are there a lot of white people who are married under
the common law marriage?
A. Not in Dallas County.
Q. Is it a legal form of marriage in the State of Ala
bama ?
A. It is.
127
Q. Dallas County is in Alabama, sir?
A. Dallas County is.
Attorney Hall: Thank you, sir. That is all.
Recross-examination.
By Solicitor Hare:
Q. Do you have any idea how many white men have been
tried in this Circuit Court for murder in the last ten years?
A. Haven’t any been tried.
A. And almost every session of the Circuit Court there
are several murder eases on the docket involving negro
defendants?
A. I don’t think we have had a session that there weren’t
any in the last eleven years.
* * # # # # #
[fol. 116] K e n n e t h M. H arper, recalled to the stand,
testified further as follows:
Direct examination.
By Attorney Hall:
Q. Mr. Harper, have you examined Exhibit X?
A. I have examined the jury roll that we fixed in October,
if that is Exhibit X.
Q. Defendant’s Exhibit X, which purports to be the jury
roll for Dallas County, Alabama, and compiled in October,
1953. Did you examine that book?
A. Yes.
Q. Did you examine each page?
A. Yes.
Q. Did you compile a list of names that you identify as
those of negroes?
A. Yes.
Q. Can you tell the Court how many?
A. No, I didn’t take the trouble to count them.
128
Q. You just wrote them down!
A. Yes.
(Witness hands pad containing his list to Attorney Hall)
The Court: Just don’t let my pad take up with you.
Attorney Hall: All right, sir.
(Laughter)
Q, Mr. Harper, according to our figures, you have found
198 names which you know positively to be those of negroes.
I assume Mr. Hare may want to check these—I don’t know.
We would like to question you with reference to these
names. Are you fairly certain these are names of negroes!
A. Yes.
Q. How, sir, can you be sure!
A. Some I knew personally, some I knew by their occu
pation, and some by their names, and some by their address.
Q. As I understand it, you don’t live in Selma!
A. No.
Q. You have listed for Selma the names of seventy ne
groes. Do you know them personally!
A. Not all of them, no.
[fol. 117] Cross-examination.
By Solicitor Hare:
Q. You say you live in Union Beat!
A. Yes, sir.
Q. Is that a predominently white beat?
A. I would think so.
Q. Just where does that beat lie?
A. Starts at Valley Creek and runs to the Cahaba River,
and I ’m not sure where it ends on the north. The Cahaba
River is the line on the west and south. I am not sure
wThere it ends on the north.
Q, In recent years it has become a major white develop
ment, so far as residents are concerned?
A. Yes.
Q, And are all of the white men in that beat over twenty-
one and under sixty-five on the jury roll?
129
A. No, sir.
lQ. Are all of the negro males over twenty-one and under
sixty-five on the jury roll?
A. No.
Q. How many negroes did you say approximately are on
the jury roll for 1953?
A. 250.
Q. And approximately how many whites?
A. 1,500.
Q. Now, Mr. Harper, do you know of any whites who are
qualified for jury duty whose names are not on that roll?
A. Off-hand, I couldn’t say I do.
[fol. 118-119] Q. Do you know of any negroes who are
qualified for jury duty whose names are not on that roll?
A. Not that I know of.
Q. At any time since you have been a jury commissioner
and in the preperation of the jury roll in October, 1953, did
you or anyone on the jury commission systematically ex
clude from the jury roll and jury box the names of negroes
in Dallas County?
A. No, sir.
Q. Did you or anyone on the jury commission make any
diligent effort to determine and find those negroes in the
county who are qualified for jury duty?
A. Certainly did.
;Q. What effort did you make?
A. I contacted at least one or two white men in every
beat in the county and asked them for lists.
Q. Did you all go over those lists?
A. Yes.
Q. What did you do ?
A. I asked them to submit names to me to go in there,
and they brought them in.
Q. I mean did the jury commission screen those lists
as they came in?
A. Just as we screen any list. We don’t put any name
in without going over it ourselves.
Q. Do you put the names of professional people in there ?
A. Not to our knowledge.
Q. Have you put any people, white or negro, on the jury
9—53
130
roll or in the box who are within the list of those exempt
from jury duty under the statute?
A. Not to our knowledge.
Q. Mr. Harper, do you know approximately what the
population ratio of negroes to whites is in Dallas County!
A. You mean in the entire county?
Q. Yes.
A. I would say, roughly, sixty-forty.
Q. Would that same percentage hold true for those quali
fied for jury duty?
A. It probably would be even greater. In other words,
I would think instead of sixty percent negroes and forty
percent whites, the ratio would show there are seventy per
cent whites eligible for jury duty against thirty percent
negroes.
Q. Then sixty-forty percent wouldn’t hold as to eligi
bility.
A. No.
Q. You stated that you don’t know of any negroes in the
county that are qualified whose names aren’t on the roll
and in the box?
A. I do not.
Q. Did you make a diligent effort to find qualified negroes
to put on the jury roll?
A. Yes, I have and still am.
# # # # # # #
[fol. 120] Recross-examination.
By Solicitor Hare:
Q. These 250 names of negroes in there, are they in
your opinion the most qualified in Dallas County to serve
on the jury?
A. From what I can gather. I don’t know them all, but
we have been told they are.
Q. They have gone in there because they are regarded
by the jury commission as the most qualified negroes in the
county ?
A. That’s right.
# # # # # # #
131
Redirect examination.
By Attorney Hall:
Q. There is just one more little thing we would like to
clear up. According to your own figures with reference
to the ratio of population, there should be approximately
2,400 qualified negroes who would be eligible to serve on
juries, or who should be listed on the jury roll. As I un
derstand it, you have some 250, is that right!
A. That’s right.
Q. Now, there should be at least 3,500 white persons, and
[fob 121] you have some 1,500!
A. Right.
Q. What, in your best judgment, is the reason that you
don’t have all of the persons qualified for jury service
listed for jury service!
A. If you will tell me how it can be done. I make the
large amount of $5.00 when I serve. I have tried to put
men in there that would give any man up here a fair trial,
and I put the names in there that I know. And I can’t
take a job that would pay $1,000.00 a month and do it for
$5.00 a day, and all I have tried to do is give the citizens
of Dallas County men in the jury box that would give them
a fair trial.
Q. So, then, Mr. Harper, when you felt there were suf
ficient number of names on the roll to do that, you felt
that your job "was done!
A. To my knowledge, yes. And if they came to me from
time to time and gave me names, any time anybody sug
gested a name to me and they were qualified, their name
went in the box.
Q. When you say, “ they were qualified” , sir, what do
you mean?
A. Well, they have to have some character and be over
twenty-one and under sixty-five, and cannot be lawyers and
doctors and teachers. The rule is right there.
Q. When you say they were qualified, they had no ob
vious disqualifications 1
A. Right.
Q. Are you under the impression that you can’t list
them on the jury roll if they have certain occupations !
132
A. I am using my discretion. It gives me discretion.
The Court: Cease arguing with the witness. Ask direct
questions.
Q. However, Mr. Harper, getting back to the point, the
point I was trying to make, it is primarily your desire as
a member of the commission to see to it that there are
enough names in the box to service this county?
A. That’s right.
Q. You are not necessarily concerned in seeing to it that
every qualified male in Dallas County is listed on the jury
roll ?
A. If I can get them without spending all my time doing
it, yes.
Q. I see. Just one other question, please, sir. Is it the
practice of the jury commission to go into other than ob
vious qualifications or prospective jurors? And when I
say obvious, I ’d like to explain I mean the ages between
twenty-one and sixty-five, and the obvious fact that they
may or not be crippled by a disease of some type, ail'd the
obvious general reputation a may may have in the commu
nity. Is it the practice of your commission to go beyond
those things which might be obvious?
A. No, not that I know of.
Q. So, generally, if these things appear to be all right,
then that man is listed on the jury roll of Dallas
[fols. 122-289] County?
A. That’s right.
Recross-examination.
By Solicitor Hare:
Q. You do take the recommendation of people who live
in the various beats around the county about people?
A. Oh, yes, sir.
Q. That would cover—I mean, their recommendation
could cover everything those people have been known to
do?
A. It could.
Q. If you had the name of a man and knew he consistently
gave bad checks, would you put his name in the jury box?
A. No, sir.
133
Q. Would you put Ms name in the jury box if you knew
he was suffering from venereal disease?
A. It isn’t the disease, it is what the disease relates to.
Any man that way hasn’t any business sitting up here try
ing cases. He is too loose living* himself.
Q. If you were told he was an illegitimate child and had
been brought up in an Environment that sort of thing is
common to, would you put that man on the jury list and in
the jury box?
A. Illegitimacy is not the part. But his parents, how
ever, might just not think anything of the way they were
living. How could he have any character ? And therefore,
he has no business being in the jury box.
Q. It would reflect on his morals?
A. Yes, sir. And when forty percent in Dallas County
are illegitimate, it cuts it down mighty hard.
Q. You mean forty percent of the negro race?
A. Of the negro race, and less than one percent of the
whites.
[fol. 290] C. D . S cott, 2n d ., being duly sworn, testified
as follows:
Direct examination.
By Attorney Hall:
Q. What is your name?
A. C. D. Scott, the second.
Q. What is your occupation?
A. Dallas County Agricultural Agent.
Q. When you say that, just what does your job entail?
A. Service to farmers.
Q. To farmers located where?
A. In Dallas County.
Q. Do you serve all of the farmers in Dallas County?
A. We service approximately 500 farmers.
Q. Do you serve all farmers, both white and colored, in
Dallas County, Alabama?
A. Just colored farmers.
# * # * # # #
134
[fol. 291] Q. So, as a matter of actual fact, you have
been here only three years.
A. At this time, but I finished high school here.
Q. Is Dallas County your home?
A. I was born in Maringo County.
Q. Were you reared in Dallas County?
A. Since I was ten.
Q. And remained here until what age? When you went
off to school?
A. I was sixteen.
Q. From the age of ten to sixteen where did you live?
A. 1514 Hayden Street in Selma, Alabama.
# # # " # - # # #
Q. Have you ever served on a jury in Dallas County,
Alabama ?
A. I have not.
Q. Have you ever been summoned for jury service in
this county?
A. I have not.
Q. Do you know any negro who has served on a jury in
this county?
A. I do not.
Q. Do you know any negro who has been summoned for
jury service in this county?
A. Personally, I do not. I have read of some—of three,
who were summoned.
Q. Is that right? Three were summoned. When was
that ?
A. I believe it was in connection with the last Fikes
case.
[fol. 292] Q. The first Fikes case?
A. Yes.
Q. When you say the first Fikes case, do you have refer
ence to a case in which the State of Alabama was the plain
tiff versus William Earl Fikes, the defendant in this case ?
A. Yes, sir.
Q. And at that time you read of three negroes being
summoned for jury duty?
A. That’s right.
Q. When was that? Do you recall?
135
A. If I remember correctly, it was in the spring of this
year.
Q. Previous to that, had you ever heard of any negro
being summoned for jury duty?
A. No.
Q. As a matter of fact, did you read that these negroes
were summoned or that their names were on the venire?
A. On the venire.
Q. Did the newspaper say whether or not they had been
summoned for jury service?
A. No.
Q. You don’t know, as a matter of fact, whether they
were summoned or not?
A. I do not.
Q. Do you know whether they served on the jury at that
time?
A. I do not.
Q. As the Farm Agent for Dallas County, Alabama, do
you have occasion to visit the rural beats of this county?
A. At one time or another, during the course of a year,
I usually visit all of the beats.
Q. Do you visit all of the negro farmers located in these
various beats?
A. I do not visit all of them.
Q. What is your practice with reference to visiting the
farmers in Dallas County?
A. We visit those farmers we service and those farmers
who make requests, where it is possible.
Q. In the course of your duty and your job, do you at
some time contact all of the negro farmers in the area?
A. I do not contact all of them.
Q. How is it that farmers get extension service? Do
they come to you ?
A. Well, we have what we call community clubs. The
community leaders establish the clubs, and we meet with
them probably once a month. And we use the press and
radio. But there are 3,693 colored farmers in Dallas
County according to the census, and it is physically im
possible for me to contact every farmer.
Q. Of that 3,693, how many would you say you have con
tacted?
A. Maybe a fourth of those.
136
Q. Did I understand you to say that there are 3,693 col
ored farmers in this county!
A. According to the census.
Q. So, in your best judgment, you have contacted at
least 900 colored farmers in the last three years ?
A. Yes, sir.
[fols. 293-310] Q. When you say 900 colored farmers, do
you mean 900 colored males or are some of those persons
probably females?
A. Males. The Home Agent works with the females.
Q. So, according to your best judgment, you contacted
900 male farmers in Dallas County?
A. That’s right.
Q. Where are those 3,693 negro farmers more heavily
concentrated with reference to precincts in Dallas County?
Could you tell us that?
A. Tyler, Orrville, Browns, Union.
Q. How about River?
A. There are quite a number of them in River Beat.
Q. How about Boykin?
A. A number in Boykin.
'Q. How about Martins?
A. To the best of my knowledge, Martins is a heavily
populated negro district.
Q. Do you know the names of all of the farm owners
in these various beats ?
A. Just off-hand I don’t believe I would know the names
of all of the owners.
Q. What?
A. I wouldn’t know the names to call them off.
Q. Do you have something with which you can refresh
your recollection?
A. We usually keep a list on file.
Q. Do you have such a list?
A. Yes, we have a list.
Q. Where is it?
A. We keep it according to title.
Q. Do you keep a list according to race?
A. We have a list. We usually go through by title and
we check out the colored, and we have a list of our own
with nothing but negro owners.
Q. So you have a list for yourself with nothing hut negro
owners ?
A. Yes.
Q. Do you have these by precinct?
A. No. We have a list by title with the number of acres
and the precinct, but we don’t have a precinct list.
Q. Where is that?
A. In our office. And I list by title, the person who
owns the farm. The person who owns the farm may not
be living there and there may be several tenants on that
particular farm.
Q. But you have title owners listed, and do you have
title owners as to color?
A. The list does not say so, but I have gone through the
list and designated.
Q. The list that you have of the title owners?
A. List all farmers.
Q. Do you have any designation as to whether white or
colored on that list?
A. I have made indication.
Q. Who made the list?
A. Production Marketing Administration.
Q. How long would it take you to get your list?
A. Not very long.
# # # % # #
137
[fol. 311] W allace H ill , recalled to the stand, testified
further as follows:
Direct examination.
By Attorney Hall:
Q. You are Mr. Wallace Hill, sir?
A. That is correct.
Q. The same Mr. Wallace Hill who is chairman of the
jury commission of Dallas County, Alabama?
A. That is correct.
[fols. 312-313] Q. I ask you, sir, to step down here just
one moment, please. (Witness leaves the stand.) This is
138
Defendant’s Exhibit A. Will you identify it for us, please,
sir?
A. Yes, sir. This is the jury roll of Dallas County com
piled in 1951.
Q. And it was the jury roll of Dallas County from 1951
until what time?
A. Until the new roll was compiled in October, 1953.
Q. So Exhibit A was the jury roll of Dallas County, Ala
bama, from 1951 until sometime in October, 1953. Is that
true ?
A. That is true.
Q. Mr. Hill, will you step over here, please? I show you
Defendant’s Exhibit A, which purports to be the jury roll
for Dallas County, Alabama, from 1951 until sometime in
October, 1953; and I direct your attention to the page of
said roll captioned, “ Jury Roll, Dallas County, Alabama,
Precinct No. 1, Plantersville, Alabama” , and ask you to
observe the list of names entered there and ask you to
read those names off, please, sir, residence, place of busi
ness, occupation of each person listed, also the date of
empanelment—month, day and year.
A. Precinct No. 1, Plantersville, Alabama. Murry Har
rison Barnes, residence Plantersville, place of business
Plantersville, occupation farmer, petit jury 10-27-52;
Henry E. Biscoe, residence Plantersville, place of business
Plantersville, occupation not given; Ernest D. Dyson, resi
dence and place of business and occupation not listed; Paul
M. Friday, occupation contractor, petit jury 4-17-52; Wil
liam M. Friday, occupation trucker; Roland C. Hanlin; H.
Clay Hayes; C. Grover HendryJAValter C. Herrod, Sr.;
Sterling P. Hutto; William H. Kendricks, no occupation;
J. T. Little, no occupation; Thomas M. Martin, Jr., no oc
cupation ; J. Coy Morrow, no occupation; N. Prude Perry,
no occupation, date empaneled 4-17-52 petit jury; James
W. Pickering, no occupation; Vincent T. Pierson, no occu
pation ; Watson Pierson, no occupation given; John L.
Sherrer, no occupation given, petit jury 6-22-53; W. Otto
Sherrer, no occupation given; Clyde Walker, occupation
teacher, petit jury 10-27-52.
139
[fol. 314] Q. Is it the practice of your commission to ex
clude from the jury roll of Dallas County the names of all
persons employed in occupations listed under Section 3 of
Title 30?
A. It is a practice, yes.
Q. I now show you Defendant’s Exhibit X, purporting
to be the jury roll for Dallas County, Alabama, and ask you
to identify it.
A. This is the jury roll compiled in October, 1953.
Q. Is it endorsed, sir?
A. It is, by Wallace Hill, C. C. Thomas and K. M. Har
per.
Q. We ask you to examine that roll, particularly direct
your attention to Precinct No. 1, Plantersville.
A. Here it is, the first page.
Q. Will you read off the names on that first page, please,
sir? Read their place of residence, place of business and
their occupation.
A. (Reading) “ Jury Roll, Dallas County, Alabama,
Precinct No. 1, Plantersville. Capus Alexander, residence
Plantersville, occupation farmer; John D. Atchison, resi
dence Plantersville; occupation mechanic; Tom Alexander,
residence Plantersville, occupation laborer; Dewery Atchi
son, residence Plantersville, occupation mechanic; Henry
E. Bisco, residence Planterville, place of business Crtag
Field, occupation civilian employee; Oliver Bearden, resi
dence Plantersville, occupation farmer; Ocile Bearden, res
idence Plantersville, occupation farmer; Thomas Oran
[fol. 315] Carroll, residence Plantersville, occupation bar
ber; W. P. Davis, residence Plantersville, occupation la
borer ; David D. Daniels, residence Plantersville, occupation
sawyer; William A. Friday, residence Plantersville, occupa
tion truck driver; Alfred Ford, residence Plantersville, oc
cupation merchant; Claude Fulford, residence Plantersville,
occupation machine operator; Fred Griffin, residence Plant
ersville, occupation laborer; Herbert Goodwin, residence
Plantersville, occupation laborer; William A. Gay, resi
dence Plantersville, occupation woods foreman; C. Grover
Hendry, residence Plantersville, place of business Sand and
Gravel, occupation manager; Walter C. Herrod, Sr., resi
dence Plantersville, occupation mail carrier ; Clyde Harris,
140
residence Plantersville, occupation laborer; Joe Hatheock,
residence Planter sville, occupation truck driver; Henry 0.
Houston, residence Plantersville, occupation, contractor;
Olin. Heifner, residence Plantersville, occupation truck
driver; Guy Heifner, residence Plantersville, occupation
truck driver; John Wiley Herrod, residence Plantersville,
occupation school, teacher; W. C. Herrod, Jr., residence
Plantersville, occupation bus driver; James Henry Jack-
son, residence Plantersville, occupation truck driver; Wil
liam H. Kendrick, residence Plantersville, occupation mail
carrier; J. T. Little, residence Plantersville, occupation
Merchant; Palmer Levins, residence Plantersville, occupa
tion electrician; Barney I. Levins, residence Plantersville,
occupation farmer; Boris E. Levins, residence Planters
ville, place of business Sand & Gravel, occupation mana
ger; Claude McKey, residence Plantersville, occupation
salesman; Tom Martin, Jr., residence Plantersville, occu
pation farmer; John Milling, residence Plantersville, oc
cupation laborer; Clayton Morrow, residence Plantersville,
occupation laborer; Scott McGee, residence Plantersville,
occupation laborer; Andy McGee, residence Plantersville,
occupation laborer; Kelton Morrow, residence Planters
ville, place of business retired, occupation farmer; Bennie
McAfee—did you want this page, too?
Q. Thank you, sir. Mr. Hill, we observe that this jury
roll was made just this October. Is that true?
A. It is.
Q. And at that time you were continuing your practice
of not including on the jury role persons who were exempt
according to the Code?
A. Yes.
Q. John Wiley Herrod, Plantersville, occupation school
teacher. It is true his name is on the jury roll of Dallas
County, Alabama, as of October, 1953?
A. It is.
Q, And so is the name of W. C. Herrod, Jr., bus driver.
Is that true?
A. That is true.
Q. Are bus drivers exempt under the law of Alabama?
A. They are.
Q. And you will find the name of James Henry Jackson,
truck driver?
141
[fol. 316] A. Right.
Q. And also you find the name Joe Hathcock, truck
driver, here?
. A. That’s right.
| Q. William A. Friday, truck driver?
I A. Right.
5 Q. Might they not be exempt under the statute ?
! A. They might be. Not necessarily so, though.
| Q. However, school teachers are exempt under the stat
ute?
A. While practicing their profession, or while school is
actually in session.
Q. Then it is the practice of the jury commission of
Dallas County to enter the names of qualified teachers on
the jury roll?
A. It is not. That was an over-sight.
Q. There was another name entered sometime between
1951 and 1953 who was also a teacher and lived at Planters-
ville ?
A. Yes, Clyde Walker.
Q. Sir, I show you this bound volume, Defendant’s Ex
hibit X, purporting to be the jury roll for Dallas County,
Alabama, as of October, 1953, and direct your attention,
,sir, to Jury Roll, Dallas County, Alabama, Precinct No. 36,
Selma, and we find the name of Sidney Rodgers listed
there. I ask you if you know the gentleman? Do you know
Sidney Rodgers?
A. No, I do not.
Q. What is his residence?
A. 223 Water Avenue.
Q. Place of business?
A. Southern Railway.
Q. And Ms occupation?
A. It isn’t shown.
Q. Now, Mr. Hill, will you please take the stand again?
Sit back down. (Witness returns to the stand.) I believe
you had the directory of the City of Selma to help in the
preperation of the jury roll?
A. In certain cases, yes.
142
Q. That was one of the means by which yon arrived at
names on the roll?
A. That’s right.
Q. This is the directory of the city of Selma (showing
book to witness) ?
A. This is the 1953 directory, yes.
Q. Will you turn and see if it contains the name of
Sidney Rodgers, who lives at 223 Water Avenue?
A. Yes, here it is.
Q. How is that name listed in the book? R-o-d-g-e-r-s,
S-i-d-n-e-y.
A. Conductor, Southern Railway.
Q. Are conductors exempt under the statute?
i A. I ’ll have to refer to the statute. Yes, sir.
j Q. I direct your attention to the 1940 Code of Alabama,
Section 3, Title 30, as amended, (handing said code to wit
ness.)
A. The Code says that conductors are exempt from jury
duty.
Q. So that in this instance you did not follow your gen
eral rule?
A. We were following our general rule. We may have
[fol. 317] made errors in doing so.
Q. In this particular instance you did not follow it?
A. He would be exempt from jury duty.
Q. Now, sir, we would like to show you Defendant’s Ex
hibit X, purporting to be the jury roll for Dallas County,
Alabama, as of October, 1953, and we direct your attention
to that portion of the roll captioned, “ Jury Roll, Dallas
County, Alabama, Precinct 36, Selma” , which contains the
name of R. Winston Russell, residence Cedar Drive, place
. of business Southern Railway, no occupation listed, and
/ ask you if you know the gentleman?
A. I know him.
Q. What is his occupation?
A. At present he is a railroad fireman.
Q. How long has he been a fireman?
A. Some years.
Q. Are firemen exempt under the law?
\ A. They are.
143
Q. In this particular instance, you didn’t follow your
general rule in building your jury roll?
A. No, not in this instance.
Q. This roll was compiled in October, after the hearing
of the motions filed in the case of the State of Alabama
versus William Earl Fikes, No. 8009, in this Court to quash
those indictments because of irregularities and unconstitu-
tionalities in the organization of the jury of Dallas County
which found the indictments against this man, and of the
venire. Isn’t that true, sir?
A. That is true.
Q. Mr. Hill, will you please examine this exhibit which
I show you? Exhibit A, purporting to be the jury roll of
Dallas County, Alabama, for the years 1951 up to October,
1953, and I direct your attention to that portion captioned,
“ Jury Roll, Dallas County, Alabama, Precinct No. 36, Sel
ma” , and direct your attention to the name, “ Russell, R.
Winston” , residence Cedar Drive, place of business South
ern Railway.
A. Yes.
Q. Was Mr. Russell a railroad fireman at that time?
A. I think he was on the extra board as an engineer at
that time.
Q. Are railroad engineers exempt under the statute?
A. They are.
Q. So that both times, according to the rule which your
commission has said in this Court that it follows, Mr. Win
ston R. Russell’s name should not have been included on
the roll?
A. That is true.
Q. Is Mr. Russell white or colored?
A. He is white.
Q. We ask you if it is the policy of your board to exclude
firemen from the jury roll?
A. As a general rule, it is.
Q. As a general rule?
A. We have included some on there by their own re
quest.
Q. Mr. Hill, would you include a doctor or dentist or
school teacher by his own request?
A. If they made a point of coming to us and would waive
144
[fol. 318] their exemption and wanted to get on there, then
we would consider their being on the jury roll.
Q, Have yon ever made it a practice to seek out these
persons and ask them if they were willing to waive their
exemption if placed on the jury roll?
A. No.
Q. It is your practice to wait until approached?
A. Yes, sir.
Q. Is that true with both white and colored?
A. Yes.
# # # # # # *
Q. We will ask you to step over here, please, sir, and
show you this book (witness leaves the stand) marked De
fendant’s Exhibit X, which purports to be the jury roll for
Dallas County, Alabama, as of October, 1953, and ask you
to turn this book over to Precinct 36, which is Selma, the
page which bears at the top the caption, “ Jury Roll, Dal
las County, Alabama, Precinct 36, Selma” . We direct your
attention to the name Cecil C. Little, Sr., and ask you to
read that.
A. Cecil 0 . Little, Sr., residence 200 McDonald, place of
business Southern Railway.
Q. Are you acquainted with that gentleman?
A. I am.
Q. What is his occupation?
A. He is a conductor on the railroad.
Q. Is that a train conductor?
A. That is correct.
Q. He is one of the people exempt from jury duty?
A. Yes.
Q. Is his name listed on the present jury roll?
A. It is.
Q. We would like for you to examine this book, Exhibit
A, purporting to be the jury roll for Dallas County, Ala
bama, for 1951 until sometime in October, 1953, and ask
you to turn the pages of this book to Precinct 36, sir. Would
[fol. 319] you examine those pages and see if you can find
the name of Cecil C. Little?
A. Yes, here are two of them.
Q. It doesn’t say whether junior or senior?
145
A. It does not.
Q. What does it say?
A. 312 Franklin Street, Southern Railway.
Q. Are you acquainted with this Cecil C. Little who lives
at that address ?
A. I am.
Q. What does he do?
A. Conductor on the Southern Railway.
Q. Is that the same man as in Exhibit X?
A. Yes, sir.
Q. And he is one of the class of persons exempt under
the law of the State of Alabama from jury duty ?
A. That is correct.
Q. Will you see if you can find listed there the name of
J. W. Little, Jr., or John W. Little, Jr.?
A. John W. Little, Jr., 312 Franklin Street, Western
Railway.
Q. Are you acquainted with him?
A. He is a son of Cecil.
Q. Do you know what he does for the Western Railway?
A. I do not.
Q. You used the directory of the City of Selma in help
ing to get us the list?
A. Yes.
Q. What is this book (holding book up) ?
A. City Directory of Selma.
Q. Will you see if you can find the name of J. W. Little,
please, sir?
A. If I may amend my statement ? This man is a brother
of Cecil Little.
Q. Yes, sir.
A. J. Wesley Little, Jr., conductor of the Western Rail
way.
Q. Train conductor?
A. Yes.
Q. And he is one of the class of persons who are exempt
from jury duty under the statute?
A. Yes.
Q, Did you know these persons at the time you drew up
the list?
A. Yes.
10— 53
146
Q. And were you acquainted with the occupations?
A. Yes.
Q. Do you know Robqrt H. Little ?
A. I ’d say that I do.
Q. Can you find the name Robert H. Little?
_ A. It appears in Exhibit A, 312 Franklin Street, occupa
tion Southern Railway Company.
Q. You don’t know what he does for the railroad?
A. No, I can’t say.
Q. Will you examine the City Directory, sir, and see if
you can find it listed there?
A. I don’t see his name in this directory.
Q. I see. Sir, do you know William R. Long?
A, I know a W. Ruford Long, which I presume is the
same person.
Q. Would he live at 2535 Water Avenue?
A. Yes.
Q. Does he work for the Southern Railway Company?
A. Yes, yard master.
Q. Would the yard master be exempt?
A. He would not.
[fob 320] Q. Are you certain?
A. I am not certain, no, but I don’t think he would be.
Q. Do you have a William R. Long or a William Ruford
Long listed in Exhibit X, which purports to be the jury
roll of Dallas County—I mean Exhibit A?
A. Yes, 2535 Water Avenue, place of business Southern
Railway Company.
Q. Under the column headed, “ Occupation” , is his oc
cupation listed?
A. There is none.
Q. So that from checking the name and listing on the
jury roll, you would have no way of knowing what this
William R. Long does for the Southern ?
A. That is correct. Unless from personal knowledge.
Q. Assuming that someone else were to examine this
book, without personal knowledge they would have no way
of knowing what this man does ?
County Solicitor Reese: We object to that. Under the
law, no one except the jury commission and clerk has ex-
cess to this jury roll.
147
Attorney Hall: That is true, but jury commissions
change. It is very possible that this commission would not
be with us and another commission would examine this
book.
The Court: Over-rule.
The Witness: That is true.
Q. Mr. Hill, you are examining a page in Defendant’s
Exhibit A, which purports to be the jury roll for Dallas
County, Alabama, for 1951 to ’53?
A. That is true.
Q. Do you find listed on that roll the name of Hugh C.
Mauldin, in Precinct No. 36?
A. Yes. Hugh C. Mauldin, 506 Alabama Avenue, South
ern Railway.
Q. Are you acquainted with Mr. Mauldin?
A. I know him when I see him.
Q. Is he a white man?
A. He is.
Q. Do you know what he does for the Southern Railway?
A. I do not.
Q. Will you read under the column entitled “ Occupa
tion ’ ’ what is says for Mr. Hugh C. Mauldin ?
A. There is no entry under the title, “ Occupation’ ’.
Q. So, we have no way of knowing whether he is a con
ductor or switchman or what he does?
A. Only by personal knowledge.
Q. Do you personally know, sir?
A. I do not.
Q. Sir, would you see if you have listed there the name
of Taylor T. Miller?
A. Yes, Taylor T. Miller, 512 Lapsley Street, L & N Rail
road Co.
Q. Are you acquainted with him?
A. I am.
Q. What is his occupation?
A. At the present time he is freight agent of the L & N
Railroad.
[fol. 321] Q. Is he white or colored?
A. He is white.
Q. Are freight agents exempt from jury duty under the
law?
148
A. They are not, to my knowledge.
Q. Sir, will yon examine this book, which is the Code of
Alabama, 1940, Titles 30 to 45. Examine this section of
the book which is three of Title 30 of the 1940 Code of Ala
bama, entitled, “ Persons exempt from jury duty” , and
read it off for us, please, sir.
The Court: He has read that once or twice. You just
want him to ascertain he is a solicitor for freight?
Attorney Hall: At the time this book was made up he
was a dispatcher, at the time this book was compiled.
The Court: He has been promoted.
Q. When was he the freight agent?
A. The Judge stated he was. not the freight agent, he
was the freight solicitor.
Q. Plas he ever been freight agent?
A. That was my impression.
Q. Will you ascertain whether station agents are ex
empt ?
A. He is not a station agent, but (reading from Section
3, Title 30 of the Code) “ railroad station agents and tele
graph operators when actually in sole charge of an office” .
Q. Will you examine this book and tell us what it is?
A. Selma City Directory, 1952.
Q. Will you see if you can find the name of Taylor T.
Miller (handing said city directory to witness) ?
A. Yes, sir, Taylor T. Miller, 512 Lapslev Street, freight
agent, L & N and Western Railroad.
Q. Will you see if you can find the name of Donald Mills
on that jury roll, sir, under Precinct No. 36?
A. Jury Roll, Dallas County, Alabama, Precinct No. 36,
Donald Mills, residence 520 Tremont Street, place oi busi
ness not given, occupation engineer. He is a consulting en
gineer.
Q. You know that?
A. I do.
The Court: The Court will substantiate that testimony.
Q. Mr. Hill, will you see if you can find listed there the
name of Mitchell Barlow-, or Barlow Mitchell rather?
A. What precinct is that?
Q. Thirty-six.
)
149
A. Barlow Mitchell—I don’t see it in this Exhibit A.
Q. Sir, I show you this book marked Defendant’s Ex
hibit X, purporting to be the present jury roll for Dallas
County, Alabama, and ask you to turn to the pages marked
Precinct 36, Selma. Will you see if there is the name of
Claude C. Day listed on that roll?
A. There is.
Special Presecutor Gayle: I ’d like to ascertain at this
time what is the purpose of this.
[fob 322] Attorney Hall: If the Court requires it, I will
be glad to say.
The Court: I don’t care for it.
Q. Will you tell us what is his address?
A. Claude C. Day, 217 Pettus Street, L & N Railroad.
Q. Are you personally acquainted with him?
A. I would probably know him if I saw him.
Q. But you don’t know whether you know him or not?
Will you examine this book and tell us what it is?
A. City Directory of the City of Selma, 1952.
Q. Will you see whether Claude C. Day is listed in that
directory?
A. Claude C. Day, commercial agent, L & N Railroad
Company, 217 Pettus St.
Q. And is he white or colored ? )
A. He is a white man.
Q. Mr. Hill, please sit down, sir. (Witness returns to
stand.) In your best judgment, as chairman of the jury
commission, has the present jury commission left off of the
jury roll of Dallas County, Alabama, the names of all per
sons who might be exempt under the law of Alabama?
A. We did not leave off all of the names who might be
exempt.
Q. What proportion?
A. I don’t know, but most of them.
Q, How did you arrive at the exact number that you
would include?
A. We made no exact number. We had no number in
mind at all.
Q. How did you decide to leave some on and not list
others ?
150
A. Some had been serving on prior juries and had made
no complaint about serving and we could assume they
would claim no exemption.
Q. Have you ever known a negro train conductor?
A. No, I don’t believe I have.
Q. Have you ever known of a negro to be a railroad
engineer?
A. From hearsay only.
Q. Does the law make distinction between railroad en
gineers and physicians and teachers, as to their exempt
status ?
A. No.
Q. Railroad engineers are exempt just as school teachers
and physicians and dentists and druggists?
A. That is true.
Q. Do you know some negro school teachers?
A. Yes.
Q. Do you know if any are on the present jury roll of
Dallas County, Alabama?
A. I don’t think so.
Q. Why? 3 ,
A. As a class we exempt them.
Q. Are train conductors exempt, too?
A. They are.
Q. Do you know any railroad train conductors whose
names are on the present jury roll?
A. Yes, I have enumerated them.
Q. You personally know some are on the present jury
roll?
[fols. 323-326] County Solicitor Reese: That has been
brought out two or three times.
Q. Do you know any negro physicians, sir?
A. Yes, I do.
Q. Do you know whether or not any negro physicians
are on the present jury roll of Dallas County, Alabama?
A. They are not.
Q. Do you know if any have ever been on the jury roll
of Dallas County, Alabama?
A. I can’t answer that. I don’t know of any on the jury
roll.
151
Q. Do you know any negro dentists living in Dallas
County, Alabama1?
A. I don’t know them personally. I know one by name
only.
Q. Is that one you know on the present jury roll of
Dallas County, Alabama?
A. I don’t think so.
* * # # * # #
[ fo l . 327] W allace H il l , reca lled to the stand, testified
fu rth er as f o l lo w s :
Direct examination.
By Attorney Hall:
Q. Were you asked to examine Defendant’s Exhibit X,
which purports to be the present jury roll of Dallas County,
Alabama ?
A. I was.
Q. And to ascertain whether or not there were persons
listed thereon who might possibly claim exemption?
A. Yes, sir.
Q. Did you find any such?
A. I did.
Q. How many did you find?
A. Fifteen.
Q. Those were all that you found on the present jury
roll?
A. All that I knew.
Q. That you knew personally? Let me see- that, please.
(Witness hands list to Attorney Hall) Mr. Hill, in exam
ining this jury roll, did you examine the occupation listed
for each name?
A. I did.
Q. I see. You have here for Precinct No. 1 the name
John Wiley Herrod. Do you know him personally?
A. I do not.
Q. But you listed him because of the fact his occupation
was listed as school teacher?
152
A. That is true.
Q. Some of the persons here you may not know person
ally?
A. That’s true.
Q. And you listed them because of the fact there occu
pation was set out on the jury roll, and you knew by virtue
of those occupations they could claim exemption under
our law!
A. I know personally the majority of these people on
this list (indicating list he had just handed to Attorney
Hall).
Q, We will ask you if the occupations of all of the per
sons listed on the present jury roll of Dallas County are
listed too?
A. The occupations of all of them are not listed.
Q. So that if you didn’t know them personally you
wouldn’t know whether or not they could claim exemption
under the law.
A. That is true.
Q. I will ask you, Mr. Hill, if you know the majority of
the people on the present jury roll of Dallas County, Ala
bama ?
A. Personally, I do not.
Q. So that it is possible there is a much larger number
of people here who might claim exemption under the law
of Alabama?
A. There could be more.
Q. However, you did ascertain that John Wiley Herrod
—will you read them?
A. Precinct No. 1: John Wiley Herrod, school teacher.
Precinct No. 8: Lee Holliday, mail carrier. Precinct No.
10: Gilbert M. Buster, mail carrier. Precinct No. 11:
Grover Hannah, driver for a freight line. Precinct No. 23:
John B. Kerridge, Southern Railway employee; Peter
Mock, mail carrier. Precinct No. 36: Cecil L. Body, South
ern Railway Company, he is an engineer; Charles C. Burke,
Western Railroad, is a conductor; Claude C. Day, L & N
Railroad, I think he was a conductor; Cecil C. Little, Sr.,
railroad conductor; John W. Little, Jr., railroad conductor;
and Sidney W. Mott, I think he is a railroad engineer, with
[fol. 328] a question mark; Jesse H. Norris, if he is who
153
I think he is, he is an engineer for the railroad; Sidney
Rodgers, who was shown to me to be a railroad engineer;
R. Winston Russell, Southern Railway.
Q. Those are the only names you found?
A. The only ones to my knowledge.
Q. Mr. Hill, we ask you to step down here, please, sir
(witness leaves the stand), and examine this book, which
is Defendant’s Exhibit X and which purports to be the
present jury roll of Dallas County. We direct your atten
tion to a page entitled, “ July Roll, Dallas County, Ala
bama, Precinct No. 36, Selma” , and to the name thereon
of Thomas E. Yarbrough (indicating name to witness).
Will you read that?
A. Thomas E. Yarbrough, 3220 Water Avenue, place of
business Southern Railway.
Q. Are you personally acquainted with him?
A. I am not.
Q. I believe you testified that you used the City directory
to help you in preparing that roll?
A. To some extent.
Q. What is this book (showing book to witness)? i
A. City Directory of Selma, 1952. j
Q. Will you see if you can find the name of Thomas E.
Yarbrough therein?
A. (Reading from City Directory) “ Thomas E. Yar
brough, conductor Southern Railway, residence 3220 Water
Avenue ’ ’.
Q. So that under the Alabama State law he could claim
exemption ? \
A. He could claim exemption.
Q. Will you examine this page in Exhibit X, which pur
ports to be the present jury roll of Dallas County, further
and see if you see the name of Elvin G. Yow, Y-o-w?
A. Yes, it is in it.
Q. It is on the present jury roll of Dallas County?
A. It is.
Q. Is there an address listed?
A. 112 Lawrence Street.
Q. And that is in Precinct No. 36?
A. Yes.
Q. What is his occupation?
154
A. Place of business, Southern Railway; occupation not
listed.
Q. Are you acquainted with him?
A. I have been introduced to him one time several years
ago, and I was just told he was connected with the South
ern Railway.
Q. Will you examine the City Directory of Selma and
see if his name is listed there, please, sir?
A. It is listed in the City Director, Elvin G. Yow, fire
man, Southern Railway Company.
Q. Now, you may sit back down, sir. (Witness returns
to stand) Mr. Hill, with reference to the character or repu
tation or the criminal record of persons listed for jury
duty in Dallas County, Alabama, did your commission
[fol. 329] ascertain whether or not every person listed on
the present jury roll of Dallas County, Alabama, had a
criminal record?
A. I would like to make this statement, that at one time
and prior to the time this roll was made we had occasion
to ask the sheriff of Dallas County to sit in session with
us. Those names were still in the jury box—not on the
roll, but in the box—and we reviewed them. We read
those names aloud and asked him if he knew of any crim
inal record of those people. We did remove some at that
time.
Q. That is the only time in which you have gone into the
criminal record of any persons who might be listed for jury
duty?
A. Yes, except for the personal knowledge of the com
missioners.
Q. So that it is possible there may be persons on that
roll with criminal records?
A. It is entirely possible, yes.
Q. I see, sir. Now, Mr. Hill, I believe you said that on
some occasions you have listed persons who could claim
exemption under the State law because those persons had
come to you and told you that they would like to be on the
jury roll and that they would waive their exemption?
A. Yes, we have had that happen.
Q. Has that happened in the majority of cases where
persons are listed who could claim exemption?
155
A. No, I wouldn’t say in the majority.
Q. Just a few, sir?
A. That’s right.
* # # # # # #
[fols. 330-333] Q. Have you ever been approached by
any school teacher with reference to being on the jury
roll of Dallas County, Alabama?
A. I have not.
Q. Have you ever been approached by any physician
with reference to being on the jury roll?
A. I have not.
Q. Or by any minister of the Gospel?
A. I have not.
Q. Or by any optometrist with reference to being on the
jury roll of Dallas County, Alabama?
A. No.
Q. Have you ever been approached by any undertaker
with reference to being on the jury roll of Dallas County,
Alabama ?
A. No.
Q. Do you know any undertaker who is on the jury roll
of Dallas County, Alabama?
A. No.
Q. Do you know any druggist or pharmacist who is on
the present jury roll of Dallas County?
A. We have listed the owners of some drug stores.
# # # # * # #
[fol. 334] Cross-examination.
By Solicitor Hare:
Q. Your testimony is that you are a member of the
present jury commission and have been since 1951, and,
further, that you were a member of the prior jury com
mission for a period of about six months?
A. Roughly, yes.
Q. Have you, as a member of the jury commission, at
any time systematically or arbitrarily excluded negroes
from the jury box or jury roll of Dallas County?
156
A. We have not.
Q. Have yon arbitrarily excluded or discriminated
against members of the negro race in the properation of the
jury roll of Dallas County, Alabama!
A. I have not.
Q, You testified as to Exhibit A, the jury roll of Dallas
County for 1951 to ’53. I will ask you if that jury roll
completely and exactly reflects the personnel of the jury
roll as contained in the jury box of Dallas County!
Attorney Hall: I would like to hear that question again.
Solicitor Hare: I am asking if the jury roll for 1951
through 1953, if the jury roll of Dallas County exactly re
flects the contents of the jury box of Dallas County.
Attorney Hall: We object to that question.
The Court: Over-rule the objection.
[fol. 335] Attorney Hall: We except to the ruling of the
Court.
The Witness: It has been brought out in evidence that
there were names in the jury box that were not on the jury
roll.
Q. In your best judgment there were thirty to fifty
negroes names in the jury box during those years!
A. Well, close to that figure.
Q. Now, Mr. Hill, do you have any idea of approxi
mately how many railway employees there are in the City
of Selma!
A. There are three railroad systems located here in
the City and Dallas County, and my guess is that there
would be at least 500 or maybe more employees of those
railroads.
Attorney Hall: We object to that guess.
The Court: That is your best judgment!
The Witness: Yes, sir.
The Court: Over-rule.
Q. Are most of those employees males or females!
A. The majority are males.
Q. And in your study of Exhibit X, the jury roll for
1953, you found approximately fifteen persons that you
thought could claim exemption!
157
A. To my personal knowledge.
Q. And the majority of those are railroad men?
A. Yes.
Q. And do yon know, with the closing of the shop in
Selma, that there is a surplus of railway employees in
Dallas County and in Selma?
A. As a matter of fact, I know that.
Q. You know that?
A. I do know that.
Q. And there are more men who have worked for the
railroad and who are still subject to re-employment than
there are jobs?
A. Yes.
Q. Now, this druggist you identified, owner of a drug
store, Warner Reid. You said you know him?
A. I do.
Q. Is he white or colored?
A. Negro.
Q. Mr. Hill, I will ask you to further consult this sec
tion of the Code (handing book to witness), and see if you
can find anywhere in here where as a matter of law a rural
mail carrier is exempt. I direct your attention to Section
3 of Title 30 of the Code of Alabama as amended.
A. What shall I read?
Q. Look through it and see if you find where rural mail
carriers are exempt.
A. (Reading) “ The Code of Alabama, 1953 Cumulative
Pocket Part” . “ Persons exempt from jury duty.—The
following persons are exempt from jury duty, unless by
their own consent” . In this particular section, I do not
see the rural mail carriers as being listed.
Q. Is it a matter of jury commission policy here that
you try not to put mail carriers on the jury roll?
A. We have put them in there.
[fols. 336-339] Q. Generally, you don’t put them in there,
do you?
A. We have several in there.
Q. They are not exempt under the law?
A. I won-t answer that, sir.
Q. They are not exempt under the law as you read it?
A. Not as I read it.
158
Q. With reference to doctors and physicians and dentists
and pharmacists, is there anything in the law of Alabama
as it pertains to a jury commission that prohibits you
from putting them in there?
A. I think there is a rule that exemption is not a dis
qualification.
Q. As you understand the law, you and the jury com
mission could put the names of every doctor, dentist,
physician, pharmacist, railway engineer and conductor on
the jury roll if you saw fit to do so?
A. We could do so.
Q. Mr. Hill, do you know how many negro drug stores
there are in Selma?
A. That is the only one I know, the one owned by
Warner Beid.
Q, That is the store owned by Warner Beid that you
previously testified about?
A. Yes.
Q. And in your previous testimony you testified that the
present jury roll of Dallas County, the one compiled in
October, 1953, contains the names of 250 to 300 negroes?
A. I said at a minimum 250.
Q. And they are negro male citizens of Dallas County,
Alabama ?
A. That is true.
Solicitor Hare: That is all.
Bedirect examination.
By Attorney Hall:
Q. Mr. Hill, were you asked to examine Exhibit X,
which purports to be the present jury roll of Dallas Coun
ty, Alabama, and ascertain how many persons were listed
thereon that you knew were negroes?
A. Yes, I was.
Q. How many did you find?
A. I think you have the record, which shows 177, if I
am not mistaken.
Q. You know there are 177?
A. I picked that many out of the roll.
159
Q. Now, Mr. Hill, did you know all of those colored
people?
A. No, I did not.
Q. How did you know they were colored people?
A. As I stated previously, I know by occupation, some f
by personal knowledge, some by addresses. |
Q. Of that 177, how many would you say you knew per- 1
sonally?
A. Very few.
Q. In your best judgment, what number!
A. I wouldn’t go too high. At least twenty-five of them.
[fols. 340-344] Direct examination.
By Attorney Hall:
* # # # # # *
[ fo l . 345] C. C. T h om as , reca lled to the stand, testified
fu rth er as fo l lo w s :
Cross-examination.
By Solicitor Hare:
Q. You have testified that you are a member of the jury
commission of Dallas County and have been since 1951?
A. That’s right.
Q. Since you have been a member of the jury commis
sion of Dallas County, I will ask you if you have arbi
trarily or systematically excluded negroes from the prepe-
ration of the jury roll of Dallas County?
A. I have not. We have tried to give this Court the
best jury we could with the knowledge we have.
Q. Have you systematically included negroes on the
jury role?
A. To some extent, yes.
Q, Well, you have included them, haven’t you?
A. Yes, that’s right.
Q. I will ask you if there has been a system or practice
on the part of the jury commission, of which you are a
160
member, arbitrarily to discriminate against members of
the negro race?
A. No.
* * * * * * *
[ fo l . 346] II. C. R eed, reca lled to the stand, testified fu r
ther as f o l lo w s :
Cross-examination.
By Solicitor Hare:
Q. You are H. C. Reed?
A. Yes, sir.
Q. And you have testified previously in this proceeding?
A. Yes, sir, I have.
Q. I asked you to examine Exhibit X, the present jury
roll of Dallas County, Alabama, prepared October, 1953,
[fol. 347] and list the names of persons you knew to be
negroes. Have you done that?
A. Yes, sir.
Q. How many did you find?
A. I have listed them, I haven’t counted them. (Wit
ness counts names on his list) I count fifty.
Q. Now, those are people you know to be negroes?
A. I do.
Q. Did you know every person whose name you saw in
Precinct 36 when you examined the book?
A. No, sir, I did not.
Q. And so you can’t state, as a matter of fact, that those
(indicating witness’ list) constitute the names of all of the
negroes on that list.
A. They are the ones that I know.
* * * * * * *
161
[fol. 348] K e n n e t h M. H arper, recalled to the stand,
testified further as follows:
Direct examination.
By Attorney Hall:
Q. You are Mr. Kenneth M. Harper, sir!
A. Yes.
Q. Are you the same Mr. Harper who is a member of
the jury commission of Dallas County, Alabama!
A. Yes.
* * * # # # #
Q. How have you been able to fill your jury roll, sir?
A. With assistance from people that lived in the dif
ferent beats. Furnished us with names of the ones that
they thought were qualified or capable of jury duty. And
then by knowledge of city and county individuals that I
have known and have been thrown with. And the same is
true with Dr. Thomas and Mr. Hill.
Q. Let’s see if we understand each other. Did your jury
commission officially contact persons in the various pre-
[fol. 349] cincts and ask them to supply you with names?
A. Yes. Yes.
Q. Did you write these persons letters?
A. No. No. In cases where we’d know somebody, we’ll
say that was familiar with folks in Plantersville, we asked
them if they would furnish us with names of those people
in Plantersville that they thought were capable of doing
jury duty. And we did that in every beat or every area,
and we used them to make recommendations to us.
Q. Now, did you contact colored and white people?
A. In the city we did, yes.
Q. How about the other precincts?
A. No, we felt that the white men we had contacted in
the county knew them and could give us the names of them.
Q-_ Now, the white people you contacted in the various
precincts, did they hold some official position?
A. No. Some did and some didn’t. Some were private
citizens. We had any number. Mr. Hill would contact
11—53
162
some and I would and Mr. Thomas would contact some, and
they would come with the lists.
Q. What recommended these persons to you, sir, as to
their knowledge of the population of their various pre
cincts? What yard stick did you use?
A. First, I wanted to know they were somebody I
thought something of, that I could trust them to do the job
that I was supposed to do. I was taking responsibility for
the job, but I was asking them to assist me, and I asked
somebody I thought was of good character and had the
welfare of the community at heart and would try to give
me names of people that would do honor to the county.
Q. Did you use any official records at all in the rural
precincts ?
A. Voters list in some cases.
Q. Do you recall any particular cases?
A. Not in any particular cases. Just used that, and then
I had the aid of the county agent.
Q. That is the white agent?
A. Yes.
Q. Did you seek the aid of the colored county agent?
A. No.
Q. Do you have more negroes than white people in the
rural precincts?
A. Yes.
Q. What would be your opinion?
A. Probably five to one in the county.
Q. Now, Mr. Harper, how would you check the names
furnished you by these persons, as to their qualifications?
A. Well, in a good many cases I was familiar with them
myself and I didn’t know anything against them, and if
they recommended them then that was satisfactory to me.
I f I did not know anything agains- them and Mr. Hill and
Mr. Thomas didn’t, and these persons thought they met the
[fols. 350-351] qualifications, then we accepted them.
Q. How did you ascertain they met the qualifications set
out in the statute?
A. Just by the fact that the man submitted the names to
me. He was, so to speak, my agent. I had the utmost
confidence in him.
163
Q. Did you furnish that man with a list of the qualifi
cations ?
A. No.
Q. How would he know?
A. I could still cut out the names not fit to serve.
Q. How would you know?
A. When somebody says do you know so-and-so it might
not come to my mind, and then they’d say you know he
does so-and-so, and that refreshes my memory, and by that
procedure we were able to get at it.
Q. You say you would know the people submitted to
you from these various rural communities personally?
A. Pretty well. I ’d know their family name and the repu
tation of their families.
[fols. 352-353] Q. Mr. Harper, according to your testi
mony, you don’t know half of the people listed there for
Plantersville.
A. If that was what it showed. I never said I knew
them all.
Q. Well, now, sir, you were mainly responsible for that
precinct, isn’t that true?
A. As much so as of any other.
Q. You mean you were no more responsible for that
than any other?
A. No. No. Well, I said I would try to find someone
to help me with it.
Q. So, you were responsible for getting information
for this particular precinct?
A. Yes.
Q. You didn’t supply your agent with a list of the
qualifications ?
A. I told them just verbally about what we had to have.
I told them we needed jurors, and I might have quoted a
few qualifications. And they knew themselves. And that
is what I asked them for.
Q. And did you tell them about all the disqualifications?
A. Oh, no. I don’t know that I did. I didn’t make any
record.
164
[fol. 354] Q. Mr. Harper, is it a fact that there are a
large number of names listed on this jury roll and no oc
cupation listed for them?
A. I don’t know. I haven’t checked it. It conld be. I
don’t say that it is or isn’t.
Q. In your beat, Union Beat, sir, is it your opinion that
you know all of the names listed on the jury roll?
A. I know a large number, naturally.
Q. Is there any other precinct in this county that you feel
you know a large number, I ’ll say at least a majority, of
the names listed?
A. I wouldn’t make that statement.
Q. Do you know Mr. W. P. Swift, Jr.?
A. Yes.
Q. What is his occupation?
A. Pharmacist.
Q. He is a pharmacist?
A. Yes.
Q. Will you examine Exhibit X, the present jury roll of
Dallas County? I direct your attention to Precinct No.
36, Selma, and see if you find the name of W. P. Swift, Jr.
A. Mr. Swift can also be listed as an owner of the busi
ness.
Q. Yes, sir.
A. I don’t think he claims his exemption, and it may have
been he said it was perfectly agreeable to put his name in
there, W. P. Swift, Jr.
Q. Is he listed there?
A. Yes.
Q. On the present jury roll of Dallas County, Alabama?
A. Yes, that’s right.
Q. Do you know whether or not he is a licensed pharma
cist?
A. Yes, he is.
Q. Did you know it at the time the present jury roll of
Dallas County, Alabama, was prepared?
A. Yes.
Q. Is he white or colored?
- A. White.
# #
165
[fol. 355] Q. I show you this book, Defendant’s Exhibit
A, purporting to be the jury roll for Dallas County, Ala
bama, for the years 1951 to sometime in October, 1953, and
ask you if this was the jury roll of Dallas County, Alabama,
at the time of the hearing that we just asked you about?
A. Yes.
Q. Is this the book that you examined, sir?
A. Yes.
Q. In an effort to tell me how many negroes were------
A. (Interrupting) I don’t remember whether I examined
the book or the cards. I don’t remember which it was.
Q. And you don’t remember how many you found on
the jury roll?
A. No, I do not.
Q. But you testified there were how many ?
A. Around thirty.
[fol. 356] Q. Now, sir, in the new jury roll for Dallas
County, Alabama, certified to by yourself and others as of
October 17, 1953, how many negroes would you say are
listed therein?
A. 250 in round figures.
* # . * # * * #
[fol. 357] Cross examination.
By Solicitor Hare:
Q. Have you at any time, personally, or since you have
been a member of the jury commission of Dallas County,
arbitrarily or systematically discriminated against mem
bers of the negro race in forming a jury roll?
A. I have not.
Q, Or in preparing a jury box?
A. I have not.
Q. Mr. Harper, since you have been a member of the
jury commission have you acted as part of any scheme or
plan to discriminate against members of the negro race in
the compilation of the jury roll or putting names in the
jury box of Dallas County?
A. I have not.
166
Redirect examination.
By Attorney Hall:
Q. Mr. Harper, have you at any time, in concert with
the other members of the jury commission or alone, de
cided to include negores on the jury roll of Dallas County,
Alabama ?
A. No, haven’t said we are going to—to talk it out that
we were going to, not any more than we said we weren’t, we
didn’t say we were.
Q. I see. Do you recall how many the total number of
names on the jury roll for Dallas County for the -1951 until
1953 was?
A. Thirty.
Q. The total number of names, white and colored.
A. Oh! Seems to me something like 1,200, but I don’t
remember.
Q. And in your best judgment or according to the State’s
stipulation, you found only the names of three persons
whom you definitely identified as negroes?
A. Right.
Q. What is the total number of names on the new jury
roll, the present jury roll as of October 17, 1953?
A. I think it is 1,700 in round figures: 1,500 whites and
250 negroes.
Q. How did you arrive at those figures? How do you
know there are 250 negroes ?
A. Because we counted them.
Q. How did you count them?
A. Just as we put them in.
Q. How did you know they were negroes ?
A. Because I knew it when we were putting them in
there.
[fol. 358] Q. Are you referring to the jury box or the
jury roll?
A. Both.
Q. When you put them on the jury roll, how did you know
they were negroes ?
A. Because we selected them to put on the roll.
Q. Did you select them?
A. Yes.
167
Q. When did yon select them?
A. At that time, when we were working up the box.
Q, That was in October, 1953?
A. Eight.
Q. Was that during the time when there were certain
motions pending before this Court?
A. Partly.
Q. In case No. 8009, wherein William Earl Fikes had
moved this honorable Court to quash indictments then
pending against him, on the grounds that the jury which
indicted him had not been properly organized and that his
constitutional rights had been violated?
A. Partly. I don’t know which part. We worked up
part of it, and we were a week or ten days finishing. That’s
the way it was done. We started in October and officially
finished on the 17th day of October.
Q. I see. You counted the names on the jury roll which
were negroes?
A. That’s right.
Q. Would you be able to select them?
A. I did select them day before yesterday. 190, I under
stood you to say.
Q. And how do you know they are all negroes ?
A. Yes, that’s what I testified to the other day. Same
thing I testified to the other day.
Q. Do you recall what you testified?
A. I knew some personally and some by where they lived,
and some by name, and some by his occupation, and some
by the process of elimination. I knew when we put them in
there, but like I didn’t know all the folks in the Planters-
ville Beat, we were assisted in that.
Q. You were assisted in selecting names of negroes?
A. That’s right.
Q. Was it the practice of the gentlemen who assisted you
to include the names of negroes ? Has that been their prac
tice since 1951?
A. No, not since ’51.
Q. Was that their practice on the first day of October,
1953?
A. We asked for it, yes. We asked them to assist us in
securing negores names and white for the box,
168
Q. And yon didn’t ask any negroes at all ?
A. Not then. We did after that.
Q. Did any negroes assist you in preparing the jury roll
for Dallas County for 1953?
A. As it stands now, no.
Q. Not a single negro?
A. Not directly. It could be that some of the people we
asked consulted them, and as I remember now some of them
did.
[fols. 359-361] Q. How do you knowT?
A. I remember that. Said they talked to some, and they
said they would do to put in.
Q. So you had agents helping you?
A. Yes.
Q. And they had agents helping them?
A. Yes.
Q. And your agents------
A. (Interrupting) I just told them over the phone about
what these others knew and what I told them.
Q. When was that? Was that after the present jury
roll was made up?
A. Yes.
# # # # # # #
[fols. 362-366] Recross-examination.
By Solicitor Hare:
Q. I will ask you to look at Section 20 of Title 30 of the
1940 Code of Alabama, as amended, ‘ ‘ Jury roll and cards ’
and read that section and tell me when the jury commission
is required to make up a roll by law in Alabama.
A. (Reading from the Code) “ The jury commission shall
meet in the court house at the county seat of the several
counties annually, between the first day of August and the J
twentieth day of December, and shall make in a well bound""
book a roll containing the name of every male citizen liv
ing in the county who possessed the qualifications herein
prescribed and who is not exempted by law from serving
on juries.” .—
Q. Now, meeting that statute, you just testified that you
met in the period that is provided by law for you members
of the jury commission to meet?
A. Yes, sir.
Q. And I will ask you if your meetings were held in
persuance of that section of the Code?
A. Yes.
Q. Now, the law does require the jury commission to
meet within the period between the first day of August and
the twentieth day of December of each year and prepare
a new jury roll?
A. Yes.
Q. And I will ask you if Exhibit X, the jury roll of Dal
las County, Alabama, 1953, which was certified to in Octo
ber, 1953, is the roll that you prepared at that time and in
persuance of that section of the Code?
A. Yes.
169
* # # *
[ fo ls . 367-374] W . C. M cCa in , reca lled to the stand, testi
fied fu rth er as fo l lo w s :
Direct examination.
By Attorney Hall:
Q. State your name, please.
A. W. C. McCain.
Q. Mr. McCain, you have testified previously in this
hearing ?
A. Yes.
Q. And you are sheriff of Dallas County, Alabama, are
you not, sir?
A. That’s right.
Q. And have been since 1946?
A. Yes.
Q. Previous to that time, were you deputy sheriff of
Dallas County, Alabama?
A. Yes.
Q. How long were you deputy sheriff?
A. About five years.
170
ffol. 375] Cross-examination.
By Solicitor Hare:
[fol. 376] Q. Now, Mr. McCain, are you usually present
when juries are drawn in Dallas County?
A. I am required by law to attend all sessions of Court
and I haven’t missed one in the last eleven years.
Q. And you are required to be present when juries are
drawn ?
A. Yes.
Q. Have you been present on all occasions when juries
have been drawn for the county?
A. For the past eleven years, yes, sir.
Q. Who draws the juries in the county?
A. The Judge.
Q. Where does he draw them from?
-. From his bench—do you mean where does he draw the
venire? He draws them in the Circuit Clerk’s office in the
court house, in my presence and in the presence of the
Circuit Clerk.
Q. Are there usually other people there?
A. Ahrnys someone in there. Other lawyers. And the
lawyers are required to be present for the drawing of
capital eases.
Q. Just explain how the Judge draws the cards from the
jury box.
A. The Judge reaches into the jury box and extracts one
card and hands it to the clerk.
Q. Does he usually read that card?
A. He reads the name out aloud and then hands it to
the clerk, who stacks them in piles of five and keeps the
tally of the number drawn.
Q. Have you ever seen a circuit judge withdraw a card
from the box and ascertain whose name is drawn and make
any disposition of it, other than hand it to the circuit clerk
for the venire ?
A. I have never seen him discard one or put it back in
the box. I have made the remark that that person is dead,
but he still handed it to the clerk, all that he draws out of the
[fol. 377] box.
Q. Have you ever seen the circuit judge manipulate or
employ any device in drawing a jury in Dallas County,
manipulate the cards or use any device?
A. Only three judges I have worked with, and they put
this one right hand (holding up right hand) in the box and
drew one card out at a time, and called the name out aloud
and handed it to the circuit clerk.
Q. Now, Mr. McCain, over the past eleven years, have
you ever known a negro to be drawn out of that box?
A. I have, sir.
Q. Over what period of time?
A. Well, all during the time.
Q. For eleven years ?
A. Yes, sir, all the time.
Q. Have you had occasion to have venires handed to you
for service that contained the names of negroes on the ve
nire?
A. Yes, sir.
Q. Over what period of time have you had those?
A. Over eleven years.
Q. I will ask you if you were present when the venire
was drawn for the November session of Court in Dallas
County, Alabama, from which the November grand jury
was drawn?
A. I was present when it was drawn.
Q. I will ask you if the names of any negroes were
drawn on that venire ?
A. Yes, sir.
Q. I will ask you if those names went on the venire?
A. They were on the writ of venire issued to me.
Q. Were those people served?
A, They were served if we could find them. All the
parties on there.
Q. I will hand you this document, which I will ask to be
marked for identification only as State’s Exhibit 2 (hands
said document to reporter to be marked for identification
only) which purports to be Venire No. 3, State of Alabama,
Dallas County, in the Circuit Court of Dallas County, Ala
bama, Returnable Monday, November 9, 1953, and ask if
you have ever seen that before?
A. Yes, sir, it has my endorsement on it.
171
172
(Above described venire is marked for identification only
Plaintiff’s Exhibit 2)
Q. And was that the venire that was drawn for the
November session of Court in Dallas County, Alabama,
ffol. 378] 1953?
A. Yes, sir, November 9, 1953.
Q. Are the names of any negroes on that venire?
A. Yes, sir, there are.
Q. Do you know them?
A. I believe I can identify them, yes, sir. It would take
me a little time. The first one is No. 3, Owen E. Butram—
B-u-t-r-a-m.
Q. Was he found?
A. Not found. Next, A. C. W. Raiford, No. 9, was not
found. No. 25, Willie Hatcher, was executed.
Q. Did he answer to his subpoena?
A. He did.
Q. Did he appear in the Circuit Court?
A. Yes, sir, he did. No. 32, William Pair, appeared in
Court for jury duty. No. 36, Otto Hatcher, appeared for
jury duty. No. 39, Hudson Strothers—S-t-r-o-t-h-e-r-s,
appeared in Court for jury duty. No. 66, Browder Mar
tin, wasn’t found.
Q. Is that a white man?
A. I am not sure about that. I don’t know him and we
didn’t find him.
Attorney Hall: Read that name again.
The Witnes: B-r-o-w-d-e-r M-a-r-t-i-n. Just shows Cohen
& Cross, and I am not sure about him.
Q. Any others?
A. Herbert Martin, No. 70.
Q. Did he appear?
A. Yes, and spent the week here in attendance. No. 76,
Mark Sherrer, appeared.
The Court: He didn’t serve, as he had Federal convic
tion. I told you about his raising his hand.
Solicitor Hare: I hand you this paper, which I will ask
you to mark as State’s Exhibit 3 for the purpose of iden
tification only.
(Above described paper marked for identification only
Plaintiff’s Exhibit 3)
Q. (Hands said Exhibit 3 to witnes) Which purports to
be venire No. 4, Dallas County, Alabama, December session,
1953, and ask you if you have ever seen that before!
A. Yes, sir.
Q. What is that?
A. That is a writ of venire, directed to me for Court
December 7, 1953.
Q. Now, Mr. McCain, were you present at the time that
venire was drawn by the Circuit Judge of Dallas County!
A. I was.
Q. And I will ask you to look that over and tell me if
those names are the same persons whose cards were drawn
at that time by Judge Callen!
A. Yes, sir, this is the same.
Q. And that those cards were drawn from this jury box,
which is Defendant’s Exhibit Y !
A. Yes, sir.
[fols. 379-387] Q. Now, Mr. McCain, I will ask you if in
the drawing of that jury—just explain how the Judge
drew those cards.
A. This jury was drawn in my presence, and in the
presence of the Circuit Clerk and the solicitor and all the
capital defendants for the next week and several lawyers.
Q. And that was in the Circuit Clerk’s office in Dallas
County, drawn there?
A. Yes, drawn on about the 19th. of November. That is
when it was handed to me. It may have been handed to me
the day before the 19th. for the December 7 session of
Court and we started to make out our slips on the 19th.
of November.
Q. I will ask you to look that venire over and see if you
see the names of any negroes there.
A. I believe No. 9 is a negro. That was executed by one
of my deputies. Willie Smith, No. 9. No. 19, Morgan
Barnes.
Q. Is he a negro?
A. Negro. And No. 28, James Siegler, I am not
about him.
173
sure
174
Q. You don’t know whether he is white or colored?
A. No, I don’t. No. 34, William T. Whiten, I am not
sure about that one. No. 35, Young Childers, is a negro.
No. 40, John Willey, W-i-l-l-e-y, is a negro. No. 43, Tom
Waller, is a negro. No. 45, William K. Smith, I am not
sure about him. His address is listed on Mechanic, and
if it is on the south of Mechanic he is a negro. No. 47,
Charlie Rascoe, Jr., is a negro. No. 51, Douglas Harris.
I believe to be a negro but I am not sure. No. 71, Wash
ington Gloodwin, he is a negro. That’s all, I think. I got
some specials.
Q. I hand you the specials in the case of Herman King
and ask you to look at those.
A. No. 77, Alex Calhoun and 78 I am not familiar with.
I don’t know whether that is a negro or not. Off-hand, I ’d
think it was.
Q. And I ’ll hand you the special venire in the case of
Paul McCurtis and ask you to look at those special jurors
there.
A. One out of three there is a negro, Herman Crum,
Tyler, No. 78.
Q. What you are testifying to is just your personal
knowledge of these people whose names are on there?
A. Yes, sir.
Q. And that is the regular venire and two special venires
for the week of December 7, 1953?
A. Yes, sir.
# # # # # # #
[fol. 388] Recross-examination.
By Solicitor Hare:
Q. Mr. McCain, if you had fifty of them for civil week of
Court, would there be any assurance that one would serve
in the trial of a civil case?
A. It is virtually left up to the attorneys to select the
jury. No, if there were 100, and seventy-five of them were
negroes, I wouldn’t have any assurance that they would
serve then.
175
Q. Were you present when the names of those jurors
who answered to the call of the venire and qualified were
put in the hat over there?
A. Yes, sir. The clerk sits over there (indicating clerk’s
[fol. 389] desk) and she puts the names in the hat. And
I was present in Court.
Q. Did the Judge put any kind of cover over that hat
when he drew those names?
A. Yes, there was a handkerchief over the hat. I can
state this: when the clerk put the names in the hat I was
standing aside, and the clerk brought the hat up and put
it on the Judge’s bench, and there were eighteen names
drawn out of that hat by the Judge. Then the hat was
pushed aside and left covered while the Judge charged
the grand jury. Then the Judge directed the grand jury to
retire to their room and begin their deliberations.
Q. Did he draw any other names from that hat?
A. After the grand jury got out there were six extra
chairs. I removed the six chairs. And after the grand
jury left the court room the Judge drew the hat over, still
with the same cover over it, and drew the names out and
organized the petit juries.
Q. Were any negroes drawn on those petit juries?
A. Yes, sir, after the eighteen grand jurors were drawn,
they were drawn on the petit juries and seated in the
jury box.
Q. Have you seen them drawn on petit juries in times
past?
A. Yes, sir, I have.
Q. In the empaneling of petit juries in Dallas County?
A. Yes, sir.
Q. And they have taken their seats up there (indicating
jury box) with the rest of the jurors?
A. Yes, sir.
Q. But in the trial of a case in Dallas County, you never
saw one serve on a petit jury?
A. No, sir.
Q. And the selection of the petit jury is left entirely to
the selection of the plaintiff and defense counsel?
A. Yes, sir.
176
Redirect examination.
By Attorney Hall:
Q. I don’t believe I heard yon say just how the proce
dure was done. How did the cards get in the hat?
A. There are no cards. The clerk makes up a list of the
jurors—I have seen it done time and again. She removes
the names of the ones who are excused from that list. She
cuts them with a pair of scissors, and then tears them off
and places them in the hat, all except those who were dis
qualified on account of age or something and those who
were excused. The clerk sits down and takes out those
names that were disqualified and puts them aside. Then
what names she has left, all of those names go in the hat.
[fol. 390-408] Q. I don’t understand what you mean. How
does she first make up a list?
A. On a sheet of paper.
Q. From what information?
A. From the venire. The names are listed by name and
number as they appear on the venire. I believe she uses
legal size sheets of paper. She takes a pair of scissors and
clips along the top and bottom of each name. If No. 38 is
disqualified, she tears that name off and places it in this
box where she keeps her paraphanalia. She tears off and
puts aside those that are disqualified. Then she proceeds
and starts to tear all qualified names off and places them in
a hat. Places all of the qualified names in a hat.
Q. And then from that hat—you testified that his Honor
proceeds to cover the hat?
A. Yes, the hat was covered. I don’t recall who covered
it. The hat was covered with a handkerchief. And the
Judge runs his right hand inside of the hat and withdraws
one name at a time, only one, and places it on the desk. The
name is called out in open Court, then another name is
drawn from the hat and called out, until eighteen names
have been called, and the clerk keeps tab for him. Then he
pushes that hat just a little aside and gives our grand jury
the various charges, and then instructs them to go to the
grand jury room and start their deliberations. And im
mediately after they get out, the Judge starts drawing the
petit juries, getting twelve for each one. He calls the first
177
twelve up and lets them take their seat, and tells them they
will be known as jury No. 1, and the clerk places those
names in an envelope with Jury No. 1 marked on it. And
he goes on right through the same procedure with jury No.
2, and so forth,. Jury No. 1, Jury No. 2, 3 or 4 for this week.
That’s the way it is practiced here. It has been practiced
here to my knowledge, I have attended every session of
court for over eleven years, and lots of them in the years
prior to that. The way we practice it here, that’s been the
policy and that’s the way they are organized. And that
hat wasn’t messed with, and the names just drawn out of
there, and they took them just like they come: eighteen for
the grand jury and what was left for the organization of
the petit juries.
Q. That is the method usually used. You mean that is
the way it has been done?
A. That is the way it has been done for eleven years, and
my hat has never been used. The hat belongs to some law
yer, or maybe some juror goes to get his hat and I ’ll say,
“ I ’m sorry, but your hat is in service. You’ll have to wait
until the Judge gets through.”
» * # # # * *
[fol. 409] M r s . P au lin e K. B arnes, recalled to the stand,
testified further as follows:
Direct Examination.
By Solicitor Hare:
Q. You are Mrs. Pauline K. Barnes?
A. Yes, I am.
Q. And you are the clerk of the Circuit Court of Dallas
County, Alabama?
A. Yes.
Q. And you have testified previously in this hearing?
A. Yes.
_ Q- Mrs. Barnes, I will show you this book, State’s Ex
hibit 1, bearing on the cover thereof, “ Minutes New Series,
11, Dallas Circuit Court” . Can you identify that book?
A. Yes.
Q. What is that?
12—53
178
A. Minutes of the Circuit Court of Dallas County, Ala
bama.
Q. Volume eleven?
A. Yes, sir.
Q. Mrs. Barnes, are you usually present when juries are
drawn in Dallas County?
A. Yes.
Q. Who draws the jury?
A. The Judge.
[fols. 410-445] Q. What does he draw them from?
A. The jury box.
Q. What does he draw out of the jury box?
A. Cards.
Q. Cards. Mrs. Barnes, have you seen him draw prac
tically all of the juries since you have been with the Circuit
Court?
A. Yes.
Q. And have you at any time, Mrs. Barnes, ever seen a
Circuit Judge in drawing a jury withdraw a name and set
it aside or put it back in the box or make any disposition
of it, other than handling it to you to go on the venire?
A. I have not.
Q. And I will ask you, Mrs. Barnes, in making up the
venire, have you ever omitted any cards handed you by the
Circuit Judge?
A. I have not.
Q. You have seen these cards pulled from the box?
A. Yes.
Q. Have you ever seen any mark or identification on them
that would serve to identify the names on the cards as
being white or negro?
A. No, I have not.
Q. Mrs. Barnes, you are the official custodian of the
records of the Circuit Court of Dallas County, Alabama,
are you not?
A. I am.
Solicitor Hare: That’s all.
179
[fol. 446] M bs. P au lin e K. B arnes, recalled to the stand,
testified further as follows:
Direct Examination.
By Attorney Hall:
Q. Are you the same Mrs. P. K. Barnes who has testi
fied in this case previously!
A. I am.
Q. You are the same Mrs. Barnes who is clerk of the Cir
cuit Court of Dallas County, Alabama!
A. That’s right.
Q. Were you clerk of the Circuit Court of Dallas County,
[fols. 447-453] Alabama, in the month of October, 1953?
A. I was.
Q. Are you familiar with the case Xo. 8009, State of
Alabama versus William Earl Pikes?
A. I know a little something about it.
Q. Will you tell us if that cause was pending in this
Court during the month of October, 1953!
A. I believe it was.
Q. Will you tell us what motions or pleadings had been
filed in that cause ?
A. You filed a motion to quash the venire, and you
filed a motion to quash the indictments—and I don’t know
what else you filed.
[fols. 453-A-525] Q. Do you know7 what the final result of
that hearing was?
Solicitor Hare: We object to that. Incompetent, irrele
vant, immaterial.
The Court: Over-rule the objection.
The Witness: Well, I believe that the Court granted
those motions.
Q. And do you know the date of his Honor’s judgment!
The Court: October 9, 1953.
180
[ fo ls . 526-527] I n t h e C ibcuit C ourt of D allas C o u n ty ,
A labam a
Charge: Burglary in the First Degree
T ranscript of T estim on y on J ury T rial—
December 7, 8, 9, 1953
Before: Hon. W. E. Calien, Trial Judge, and A Jury.
A ppe aran ce s :
Hon. James A. Hare, Circuit Solicitor.
Hon. Henry F. Reese, County Solicitor.
Hon. Thomas Q-. Gayle, Special Prosecutor of counsel,
Attorneys for the State.
Hon. Peter A. Hall, Hon. Orzell Billingsley, Jr., of
counsel, Attorneys for the Defendant.
Gertrude M. Bailey, Official Court Reporter for the
Fourth Judicial Circuit of Alabama.
[fols. 528-529] C olloquy B etw een C ourt and C ounsel
The Court: The first case on the docket: The State of
Alabama versus William Earl Fikes, number 8072.
Attorney Hall: The defendant pleads not guilty and not
guilty by reason of insanity.
[fol. 530] The Court: I will stipulate with you to this
effect: that the venire had thereon the names of several
members of the colored race, but that the jury empaneled
to try this case has on it no members of the colored race.
Solicitor Hare: I would like the record to show they
were struck by both the State and the defendant.
The Court: Any objection to that?
Attorney Hall: No, sir.
The Court: It is further stipulated by and between coun
sel for the defendant and the solicitors for the State of
Alabama that the members of the colored race who were
on the venire for the present week of Court were stricken
both by counsel for the defendant and the solicitors for
the State.
# # # # # # #
181
[fo l. 531] M rs. J ean H e in z R o ck w ell , being du ly sw orn ,
testified as f o l lo w s :
Direct Examination.
By Solicitor Hare:
Q. What is your name?
A. Jean Heinz Rockwell.
Q. Where do you live?
A. 803 Mabry Street.
Q. And how long have you lived there, Mrs. Rockwell?
A. Since the first of February.
Q. You are Mrs. Rockwell, are you not?
A. Yes, I am.
Q. And you are the wife of Almon S. Rockwell ?
A. Yes.
Q. You say that you have lived there since the first of
February?
A. Yes.
Q. Mrs. Rockwell, were you living there in April of this
year?
A. Yes, I was.
Q. One night in April of this year, did you have occasion
to find an intruder in your house?
A. Yes, I did.
Q. Do you recall when that was?
A. It was April 24, Friday night.
Q. And approximately what time of night was it when
you saw this intruder?
—"A. Around ten-twenty.
Q. Now, where were you at the time, Mrs. Rockwell?
A. I was in my bed.
Q. Was there anyone else there in the house with you at
that time?
A. My two children.
Q. Now, Mrs. Rockwell, just describe if you will your
house or apartment or wdiatever your living quarters
were at that time.
A. I live in an apartment on the south side of the house,
and you come in on a. screened porch, and go through the
front door into the living room, and on the left you go to
182
the dining room, and the righthand door out of the living
room you go down the hall. And the first door down the
hall to the left is the kitchen, and then the babies room
and then our room, and right at the back of the hall is the
bathroom.
Q. How old were your children at this time!
A. My youngest baby was six weeks old and my oldest
baby was seventeen months old.
Q. Now, where was the oldest baby at that time!
A. In the first bed room.
[fol. 532] Q. In the apartment.
A. Yes.
Q. And where were you at the time!
A. I was in my bed in the back bedroom.
Q. Now, was there anyone in the bedroom with you!
A. The smallest child was in the room with me.
Q. That’s the six weeks old baby.
A. Yes, sir.
Q. Now, is there any -other means of getting in your
apartment, other than the front door!
A. There is a back door to the kitchen, and a step that
leads to the window to my children’s room.
Q. What construction are those steps!
A. They are brick.
Q. And you say those steps lead up under the window to
the children’s room!
A. Under the window to the children’s room.
Q. Now, was Mr. Rockwell there at that time!
A. No, he was not.
Q. Do you remember the condition of the weather that
night!
A. It had just begun to rain as I dropped off to sleep.
Q. Yes, ma’am, and what time had you gone to bed!
A. Around ten.
Q. Around ten. Are there any fastenings or locks on
your apartment!
A. On the back door I have a latch on the screen door,
and I have a chain lock and a Yale lock on my wooden door,
my kitchen.
Q. The kitchen, that comes in from the side, doesn’t it!
A. Yes,
183
Q. Do you have a lock on the front door?
A. Yes, I have a Yale lock on the front door.
Q. Are the windows locked, or do you have any way of
fastening them!
A. Yes, there are two latches on each window to the
children- room.
Q. Is that on the screen or the window itself?
A. It is on the screen.
Q. On this particular night, were the windows in that
apartment up or down?
A. They were down.
Q. It had been raining?
A. Yes, raining.
Q. Now, I ’ll ask you if the doors were secured that
night ?
A. They were.
Q. And you say that you had gone to bed and you were
in your bed.
A. Yes.
Q. Where did you first see this intruder?
Attorney Hall: We object to that particular phase. I
don’t believe the witness has testified that she has seen an
intruder.
The Court: Sustain the objection.
Q. On this particular night, did you have occasion to see
[fol. 533] somebody in your bedroom?
A. Yes, wThen I woke up.
Q. When you woke up. Around what time was that?
A. Er—around ten-fifteen.
Q. Around ten-fifteen—
A. (Interrupting) Ten-fifteen or ten-twenty.
Q. Where was this burglar?
A. He was sitting on me.
Q. Do you know who he was?
A. No.
Q. Could you describe him?
A. Well, he was of slight build, and he looked to be
around in his twenties.
Q. Of slight build and in his twenties. Was he white
or a negro?
A. He was a negro,
134
Q. Did he have anything with him at the time that you
saw him?
A. He had a knife at my throat in his left hand.
Q. And you were laying in the bed.
A. Yes.
Q. Did he say anthing to you at that time?
A. He told me that he was going to kill me.
Q. He told you that he was going to kill you. What
did you do, if anything?
A. I started struggling immediately.
Q. You started struggling. Did you have occasion to
see the knife?
A. Yes, that was one of the first things I saw when I
woke up. It was right at my throat.
Q. Eight at your throat. I will hand you this knife and
ask you if you have ever seen that knife before?
A. This is my knife.
Attorney Hall: Your Honor, we assume the State is
going to connect this up.
The Court: Yes, sustain.
Q. That is your knife?
A. Yes.
Q. And is that the knife that you saw on that occasion?
A. Yes, it is.
Q. And it was in the hand of this negro who was sitting
on you in bed?
A. Yes.
Q. Do you know which hand he held that knife in?
A. It was in his left hand.
Q. Now, Mrs. Rockwell, you testified that he told you that
he would kill you.
A. Yes.
Q. What did you do then, if anything?
A. I started struggling. I started struggling as soon as
I woke up.
Q. Did you ever get off of the bed?
A. Yes, after we had struggled awhile on the bed
the baby cried out, and he glanced over at the baby and I
[fol. 534] managed to get off the bed then.
Q. And at that time you managed to get off the bed?
A. Yes.
185
Q. Where did you go then?
A. Oui of. my bedroom,, into the hall.
Q. Into the hall. Where was he at that time?
A. He was right on me, holding on to me.
Q. He was holding on to you. How were you dressed?
A. I had on pajamas.
Q. You had on pajamas. How far down the hall did
you go?
A. I went all the way down the hall.
Q. All the way down the hall. Now, approximately how
long is that hall? Do you know?
A. About thirty-five or forty feet.
Q. And where did you go from the hall?
A. Into the living room.
Q. And at the time that you were awakened there, Mrs.
Rockwell, was there a light on in your room?
v" A. Yes, there was.
Q. Was there a light on in the hall ?
v ' A. Yes.
Q. Was there a light on in the living room?
A. Yes.
Q. And you say your struggled with him in the hall and
into the living room.
A. Yes.
Q. What, if anything, happened in the living room?
A. When we got in the living room he fell over a stool.
Q. Fell over a stool?
A. Yes, fell over a stool and he fell on top of me.
Q. He fell on top of you. And where was the knife at
that time?
A. When we fell the knife was still in his left hand at
my throat.
Q, Did he say anything to you when he was struggling
with you in the hall?
A. Yes. I was screaming and he told me to he quiet,
that he was going to kill me if I didn’t keep quiet.
Q. That he was going to kill you if you didn’t keep
quiet. And after you fell in the living room, did he tell
you anything?
A. Yes, he again told me if I didn’t be quiet he was
going to kill me. And then he told me to straighten out.
186
Q. What did you do at that time?
A. I was screaming, and I saw the knife at my throat and
I reached up and grabbed the knife and got it out of his
hand.
Q. You got it out of his hand. And what did he do
then ?
A. He jumped up immediately and ran partly down the
hall and out through the kitchen and through the back
door.
Q. Was that through the kitchen door!
A. Yes.
Q. Was that door closed?
A. No.
[fol. 535] Q. What did you do? Did you follow him?
A. Yes, I followed him. And when he ran out the back
door I fell up against the back door and locked the back
door.
Q. Was that door open when he went back to the
kitchen?
A. Yes, when I chased him out it was. It was locked
when I went to bed.
Q. It was locked when you went to bed, but when he ran
out it was already open. He didn’t have to open it at
that time?
. A. That’s right.
1 Q. How was he dressed at that time!
(| A. He had on a white undershirt and blue-jeans.
§ Q. A white undershirt and blue-jeans?
A. Yes. No shirt.
Q. Did he have any covering over his head?
A. When I woke up he had a towel draped over his
head.
Q. Did he keep that towel draped over his head?
A. Yes.
Q. Did you ever get a chance to see his face?
A. It seems that I saw one of his eyes.
Q. What build was he?
A. He was real thin.
Q. Real thin. Was he what you would term slender, or
not?
A. He was real slender.
187
Q. And lie had the knife in his left hand?
A. Yes.
Q. Was that throughout the encounter with you?
A. Yes.
Q, Mrs. Rockwell, you said the windows were closed
when you went to bed. After he left there, did you have
occasion to examine the window in the children’s room?
A. Yes.
i Q. What, if anything, did you find with reference to that
11 window?
Ml A. The screen was open and the window was open, and
w there were holes in the screen.
Q. There were holes in the screen where?
A. Over where the latches were.
Q, Had those holes been there all the time?
A. No.
Q. And the window was open?
A. Yes.
Q. And when he left the door was open?
A. Yes.
Q. And there are two doors?
A. Yes, a screen door and a wooden door.
Q. And they were both open?
A. Yes.
Q. Mrs. Rockwell, where had you last seen your knife
that night?
A. In the kitchen.
Q. And the knife that I showed you is your knife?
A. Yes.
Q. And where had you left it that night?
A. In the kitchen.
Q. Where is the kitchen with reference to the children’s
room?
A. Right next to it.
[fols. 536-552] Q. How would you go from the children’s
room to the kitchen?
A. You would have to come out into the hall for a
little ways.
Q. There is no door from the children’s room to the
kitchen, and you would have to come out in the hall and
back in the kitchen?
188
A. Yes.
Q. Now, you say that was the 24th. of April of this
year?
A. Yes.
Q. And that was in Dallas County, Alabama!
A. Yes.
Q. Did you testify before the grand jury in this case!
A. Yes, I did. ■
Q. And the events you have testified to here, did they
occur prior to the time you testified before the grand jury?
A. Yes.
Solicitor Hare: That is all.
[ fo l . 553] J. W ilson B a k e s , b e in g d u ly sw orn , testified as
f o l lo w s :
Direct Examination.
By Solicitor Hare:
Q. What is your name?
A. Wilson Baker.
Q. Where do you live, Mr. Baker?
A. Selma, Alabama.
Q. And what do you do?
A. Captain of Police Department.
Q. And were you captain of the Police Department
throughout this year, from January, 1953, up to the present
time ?
A. Yes, sir.
Q. Mr. Baker, do you know the defendant in this case,
William Earl Fikes?
A. Yes, sir.
Q. When did you first have occasion to see or to know
him?
A. In the City jail on May 16 of this year.
Q. Was that on a Saturday or Sunday?
A.jOn a Sunday.
Q. On Sunday in May of this year?
A. Yes, sir, 16th. or 17th. It was on Sunday.
189
Q. Mr. Baker, did yon have occasion to talk to William
Earl Fikes while he was in the custody of the police there!
A. Yes.
Q. Did you have occasion to talk to him on Monday, fol-
[fol. 554] lowing that Sunday!
A. Yes, sir.
Q. In the latter part of that day, did you have occasion
to talk to him!
A. Yes, sir.
Q. Where did you talk to him!
Attorney Hall: Your Honor, please, may we make this
motion! We are going to object to any talk that Captain
Baker may have had with this defendant at this time, as
it may or may not have been judicial, and at this time it
is incompetent and immaterial.
Solicitor Hare: I am just asking preliminary questions.
The Court: Over-rule.
Attorney Hall: We except to your Honor’s ruling.
Q. Did you have a conversation with him that Monday
afternoon!
Attorney Hall: If your Honor please, we object to the
manner of these questions. It is leading.
The Court: Over-rule the objection.
Attorney Hall: We reserve an exception.
The Witness: Yes, sir.
Q. Where was that conversation!
A. In Kilby Prison in Montgomery.
Q. Who was there at the time that you talked with him!
A. Sheriff McCain, Mr. Sowell from the State Toxi
cologist’s office, Lt. Ware from our department, and of
course the defendant.
Q. Now, at any time that you talked to William Earl
Pikes, did he talk to you at any time!
A. Yes.
Q. Did you have a conversation at any time to make a
recording of what he said to you and what you said to him!
A. Yes, sir.
Attorney Hall: We object to this particular line of ques
tioning.
190
The Court: Over-rule.
Attorney Hall: Exception.
The Witness: We made several recordings. On Monday
evening, and some on Thursday afternoon of that same
week, and probably that Monday, and some on Saturday
of that week.
Q. Mr. Baker, I will ask you to look at that machine
over there.
A. (Witness walks over to recording machine previously
testified about by William D. Powers) All right.
Q. Are you familiar with that machine!
A. Yes, sir.
Q. Are you familiar with the tape that is on it!
A. Yes, sir.
Q. Who put that tape on!
A. I did, sir.
[fol. 555] Q. Are there any voices recorded on that tape!
A. Yes, sir.
Q. Whose voices are recorded on that tape!
A. Mine and William Earl Fikes’.
, Q. When was that particular recording made!
Attorney Hall: I f your Honor please, we are going to
ask the Court to exclude the jury at this time. The de
fendant would like to take an objection to this particular
line of questioning and objects to the manner in which
this witness is being questioned. We feel that the jury’s
presence in this Court would be prejudicial to the defend
ant’s interest.
The Court: Gentlemen of the Jury, you may retire to
the jury room for a few minutes. If you would like to
send one of the deputies for Coca Colas, you are at liberty
to do so.
(Jury retires to the jury room.)
(Attorney Hall and Solicitor Hare confer with the Court.)
The Court: Take a ten minutes recess.
(Court stands in recess for a fewr minutes, and then
called to order and the jury returns to the jury box, and
the trial is resumed.)
(Captain J. Wilson Baker returns to the witness stand.)
Q. I asked you if you made any recordings of conversa
tions had with the defendant?
A. Yes, sir.
Q. When, particularly?
A. On Thursday afternoon.
Q. What date was that?
A. On May 21.
Q. What day of the week was that ?
A. On a Thursday.
Q. And where was this recording made?
A. In the Chaplain’s office at Kilby Prison.
Q. Who was present there at that time?
A. Lt. Ware of the Selma Police Department and the
defendant and myself.
Q. Were you the only persons present at that time?
A. Yes, sir.
Q. Now, at that time and at that place and in the pres
ence of those parties, did the defendant make any statement
to you?
A. He did.
Q. Had you or anyone within your presence or hearing
at this time and at this place and on this occasion made any
threats or show of violence against him to get him to talk?
A. No, sir.
Q. Was there any show of force or had any threats been
made against him to get him to talk?
A. No.
Q. Had any reward or hopes of reward or inducements
been held out out to him to get him to talk?
A. No.
[fol. 556] Q. Had he been promised that any statement
made by him would not be used against him ?
A. No.
Q. Were any rewards or hopes of reward or induce
ments held to to him to get him to talk?
A. No, sir.
Q. At that time and at that place did you make a record
ing of your conversation with him?
A. I did.
Q. On what did you make that recording then?
A. On a tape recorder.
191
Attorney Hall: If the Court please, at this time we are
going to interpose an objection to this entire procedure
and this entire line of questioning. It has not been shown
that this defendant was arrested, held, bound, docketed,
that he was charged with any crime. Nothing has been
shown as to why he was in Kilby Prison. While this wit
ness has stated that he made certain statements to him,
the State has not shown at any time that it or any officer
of Dallas County or the City of Selma had the right to
question this defendant. It has not shown that the de
fendant had the advice of counsel or that he had been
advised of his right to counsel. It has not been shown
that this defendant has been accorded all of his rights
under the laws and constitution of the State of Alabama
or under the constitution of the United States and the
Fourteenth Amendment with reference to due process of
law and equal protection of law.
The Court: Sustain the objection.
Q. Was this defendant under arrest at that time!
A. He was.
Q. Was he in the custody of the City Police of the City
of Selma, Alabama!
A. He was.
Q. This recording was made in the Chaplain’s office at
Kilby Prison?
A. It was.
Attorney Hall: We object.
Solicitor Hare: He will have the opportunity to take
this witness if he wants to on voir dire. _
Attorney Hall: We didn’t quite understand the State’s
objection to our objection. We do insist that we have the
right to examine the witness.
The Court: Yes, sir, proceed under voir dire.
Solicitor Hare: If I may bring him up to the thing?
The Court: All right, proceed, Solicitor.
Q. And at the time you testified to and in the presence of
[fol. 557] the persons you testified were present, he did
make a statement?
A. Yes.
192
193
Attorney Hall: If your Honor please, we object to lead
ing.
Solicitor Hare: They are preliminary questions, your
Honor.
The Court: Over-rule.
Attorney Hall: We except, sir.
Q. How was the conversation recorded, Mr. Baker1?
A. On a tape recording machine. Microphone hooked
to the tape recorder and placed between William Earl
Fikes and myself.
Attorney Hall: We object to any conversation or mention
of any conversation or tape recording until it is shown
that this defendant was properly arrested and------
Solicitor Hare: (Interrupting) There is no law that says
anybody has to be arrested when he makes a statement.
The Court: Over-rule.
Attorney Hall: An exception, sir.
Q. Did you make a recording of his conversation with
you!
A. I did.
Q. And you made it on what machine!
A. Tape recorder.
Q. Yes, sir. And I ’ll ask you who operated that tape
recorder!
A. I did.
Attorney Hall: Until it is shown that he was under
arrest------
The Court: Mr. Baker has stated he was under arrest
and in the custody of the Police Department of the City
of Selma.
Attorney Hall: We requested the opportunity of ex
amining him on voir dire.
Solicitor Hare: I was just going to try to get him up to
the introduction of it and let you take him on voir dire.
Attorney Hall: Take him now?
The Court: All right.
13— 53
194
Cross Examination.
By Attorney Hall:
Q. Captain Baker, during the month of April, 1953, you
were captain of police of the City of Selma, Dallas County,
Alabama ?
A. That’s right.
Q. As such official, you wTere concerned with the incidents
involving this defendant, William Earl Fikes?
A. Yes.
Q. Was he then in the custody of the City of Selma
officially?
A. When?
Q. At any time during April, 1953?
A. No, not in April.
Q. Was he in the custody of the officials or police of the
[fol. 558] City of Selma in May, 1953?
A. Yes.
Q. On what day, sir, did you first obtain custody of this
defendant ?
A. I first saw him on Sunday, May 17, 1953.
Q. Where did you see him on that day?
A. In the City jail of the City of Selma in the City
Building in Selma.
Q. What was the occasion of his being there, sir?
A. He had been picked up and arrested by officers of
our department, booked at the desk and placed"in jail.
Q. For what breach of the peace?
A. On an open charge of investigation,
Q. Open charge of investigation. Captain, what do you
mean when you say an open charge of investigation?
A. He was booked for investigation of burglaries and
attacking.
Q. What do you mean when you say an open charge of
investigation?
A. He was booked on an open charge of investigating the
burglaries we’d been having.
Q- When you book a man on an open charge of investi
gation, does it mean that you suspect him of a particular
crime ?
195
A. Oh, yes. In this instance, yes, he was suspected of
a particular crime.
Q. And he had not been charged with a specific charge!
A. Not on Sunday.
Q. Had he been charged with the commission of a
specific charge when you first saw him!
A. No.
Q. Or on the occasion of your first talking to him, had
he been charged with a specific crime?
A. No.
Q. What was the reason for his being in the jail?
A. He had been seen walking through some alleys.
Q. Do you know this?
A. I was told that. It was on the arrest sheet.
Q. It was on the arrest sheet that the arresting officers
had seen him walking up some alleys?
A. I think so.
Q. Are the arresting officers here in Court?
A. Oh, yes, yes, I think so.
Q. Have they previously testified in this cause?
A. I think on the motions last week.
Q. Are your policemen Bailey and Pressley here in
Court?
A. I don’t know. I see Mr. Bailey.
Q. Is that the same officer who testified previously?
A. Yes.
Q. He was one of the arresting officers?
A. Yes.
[fol. 559] Q. When you first came in contact with this
defendant, you yourself didn’t know of any reason for his
being there other than what you say was on the arrest
sheet?
A. That’s right, just what was on the arrest sheet.
Q. Was he ever charged with a crime by the City of
Selma ?
A. Yes.
Q. When was that?
A . I made a warrant on Monday, thg 16th.
Q. You made a warrant on Monday. What happened to
that warrant?
A. It is in my files now.
196
Q. Was the charge ever entered on the docket of the
City of Selma?
A. No.
Q. Is that the usual procedure?
A. Yes.
Q. The warrant is never entered on the docket?
A. We put them on the recorder’s docket if they are
going* before the City Recorder.
Q. How do you tell they are going before the recorder?
A. When I bring him in the court room. If he demands
a preliminary of some kind and I know he’s going before
the City Recorder, I put him on the city recorder’s docket.
Q. Then the average fellon or average suspect you pick
up comes into the city jail and demands a preliminary
hearing, is that right?
A. Some demand it.
Q. Do they all demand it?
A. No.
Q. Do you advise them of their rights?
A. Yes, I do.
Q. For a preliminary hearing?
A. Yes.
Q. And you advised the defendant of this?
A. Yes.
Q. You, yourself, did it?
A, I am positive.
Q. Was anyone present when you told him he had a
right to a preliminary hearing?
A. I don’t know. I talked with Willie first alone, and I
don’t know—I don’t believe anyone else was in there but
just Willie and myself.
Q. Did you at any time—at any time—enter a specific
charge against this defendant on the docket, the recorder’s
docket of the City of Selma?
A. No, not on the recorder’s docket.
Q. Were you present in this court room on one day last
week when Chief Mullen testified?
A. Yes, sir.
Q. Do you recall his testimony with reference to placing
the information or warrant on the recorder’s docket?
A. No, I don’t recall.
197
Q. Is he in this room!
A. I don’t see him.
The Court: He isn’t in here.
Q. You don’t recall?
A. No, I don’t recall.
Q. Isn’t it a fact that he said that every time a warrant
[fol. 560] is issued the information on that warrant, must
go on the recorder’s docket?
A. I don’t believe that is a fact, I don’t believe he testi
fied to that.
Q. Captain Baker, in as much as you had reason to be
lieve that this defendant would not require preliminary
hearing of which the City Recorder would take cognizance,
why is it that this defendant was never turned over to the
County officials of Dallas County?
A. I don’t know any other way to answer that, other
than that he was not going before the City Recorder be
cause that Court only meets on Tuesday of each week, and
on Monday I made the warrant and we transported him to
Kilby Prison.
Q. You transported him to Kilby Prison. The City of
Selma took him to Kilby Prison?
A. That’s right.
Q. And at that time no charge was pending in the City
Court of the City of Selma ?
A. I had a warrant. I had a warrant for Mm.
Q. But it was NOT on the docket, is that right?
A. If we don’t put it on, no, it was not on the docket,
Q. So, that warrant was recorded, of course, and it was
numbered ?
A. No, it was not a numbered warrant.
Q. No number on that warrant?
A. No number on that warrant. I don’t think so.
Q. Is that usual?
A. Quite frequently.
Q. You have warrants without numbers?
A. Yes.
Q. Were you present in this court room on the occasion
that Chief Mullen testified?
A. I think so.
198
Q. Isn’t it a fact that he testified that warrants are al
ways numbered?
A. No, no, he did not testify to that.
Q. Are yon certain of that?
A. I am positive of that.
Attorney Hall: We would like to have the testimony of
Chief Mullen.
The Court: Not this afternoon. It will have to be
transcribed. We will have it in the morning.
Attorney Hall: We would like to have that testimony
transcribed.
Q. Now, Captain Baker, who took this defendant to
Kilby Prison?
A. Sheriff McCain and Lt. Ware and myself.
Q. And who talked with him on the first day you went
down ?
A. Dr. Sowell—you mean in Kilby?
Q. Yes, sir.
A. Dr. Sowell from the State Toxicologist’s Office, Lt.
Ware and Sheriff McCain and myself.
Q. Was any change then pending against him in the City
[fol. 561] of Selma or Dallas County?
A. The warrant I have told you about. The warrant
had been made.
Q. Did the warrant show execution at that time, sir?
A. I just don’t know what you mean by showing exe
cution.
Q. Did it indicate that it had been served?
A. Willie knew about it.
Q. Did the warrant show it had been served?
A. I just don’t know.
Q. Had he been booked for any specific charge?
A. I had written on our arrest sheet, “ Burglary in the
first degree” .
Q. What is an arrest sheet?
A. It is a sheet, a regular printed form, and used by the
City of Selma Police Department for booking prisoners
at the desk when they are brought in.
Q. Is there any way to show whether anything might be
written on the arrest sheet?
199
A. Well, there were certain things written there at the
time he was booked there at the office, the time and so
forth, on the arrest sheet.
Q. On a separate sheet of paper!
A. That’s right.
Q. What was on that separate sheet of paper could
have been written at any time, couldn’t it!
A. It was not, though. Just at the time he was booked.
Q. But it could be.
A. Oh, I guess it could be.
Solicitor Hare: We object to this. The question is the
voluntariness of the statement. I can’t see that the nature
of this or of the warrant against him is in any way perti
nent to the issue as to whether he made a statement and
whether it was voluntarily made.
Attorney Hall: If your Honor please, our objection went
to this man’s arrest.
The Court: Over-rule the objection. Go ahead.
Q. Isn’t it a fact, Captain, that that piece of paper is
separate and disembodied?
A. Oh, yes, all of our rush sheets are prepared in pad
form. I believe there is some kind of rubberish glue on
one end to hold them together until used.
Q. Do you recall Chief Mullen’s testimony with reference
to arrest sheets?
A. I didn’t listen to all of his testimony. I can’t vouch
for his testimony.
Q. Isn’t it a fact that he testified that arrest sheets are
made when men are first brought in, and if warrants are
issued then whatever is on the warrant is copied on the
recorder’s record?
A. I just don’t know what he said about that, but I
know what I did in this particular case.
[fob 562] Q. Do you recall hearing his testimony with
reference to the recorder’s docket of the City of Selma on
some previous occasion in this cause?
A. I heard something about it, but I was in and out c f
the Court room, and I just don’t know what he testified
Q- But you do know there is no reference to William
Earl Fikes on the recorder’s docket of this city.
2 0 0
A. No, I am sure it is not. I didn’t put it on there. I
made the warrant out.
Q. So, at the time you transported this man from Dal
las County to Kilby Prison in Montgomery, there was no
cause pending against the defendant in this city or in
this county.
A. Oh, yes, I made a warrant out charging him with
burglary in the first degree.
Q. That warrant had been served on this defendant?
A. Oh, yes. I made the warrant out personally and
served it on him here in the jail, and he had been booked.
Q. He had been booked after arrest?
A. As much as we book anyone, on an arrest sheet.
Q. Captain, I believe you testified that you had talked
to this man previous to taking him down to Kilby Prison.
Is that right, sir?
A. Yes.
Q. And I assume, of course, that you talked with him
with reference to the crime?
A. Yes.
Q. At that time, had be been charged with the commis
sion of that crime?
A. When I first talked with him that day he had not been
charged.
Q. Where was he then?
A. When?
Q. When you first talked with him.
A. In the city jail. Actually, in my office in the city
building.
Q. He was in the custody of the City police?
A. Oh, yes.
Q. Did he have an attorney present?
A. No. No.
Q. Had his family come to see him at that time?
A. No.
Q. That was Monday, after he had been picked up by
officers in Selma?
A. No, that was on Sunday when I first talked to him.
Q. And it was Monday when you took him to Mont
gomery to Kilby Prison?
A. That’s right.
2 0 1
Q. I see, sir. Now, did you talk with Fikes after Mon
day?
A. Yes.
Q. Who was with you on that occasion?
A. Well, I talked with him on Wednesday of that week.
I believe Sheriff McCain was the only one with me on that
occasion. And Dr. Sowell met us at Kilby Prison.
Q. Now, I believe you testified previously that Sheriff
McCain was with you on Monday, when you took him down
there ?
A. Yes.
Q. And that Sheriff McCain was with you Wednesday?
A. That’s right.
Q. Who else was with you?
A. No one else on that Wednesday.
[fol. 563] Q. When did you next see this man?
A. On Thursday.
Q. Who was with you on that date?
A. I didn’t understand the question.
Q. Who was with you on that date?
A. Lt. Ware from the Police Department of the City of
Selma.
Q. Sheriff McCain wasn’t with you at that time ?
A. No.
Q. This defendant was still technically in the custody of
the City of Selma?
A. I guess you could call it technically in the custody of
the City of Selma. He was in Kilby Prison.
Q. They were holding him?
A. That’s right.
Q. For the City of Selma——
A. That’s right.
Q. Or for Dallas County?
A. You can call it either one. I don’t know.
Q. Who were they holding him for?
A. On a charge of burglary.
Q. Who were they holding him for?
A. I just don’t know. He was committed to Kilby
Prison on an order or request or something of the Circuit
Judge, Judge Callen.
Q. And just taken down there and held?
2 0 2
A. Yes.
Q. And so they were holding him for the Judge of the
Circuit Court of Dallas County?
A. Could have been. I just don’t know.
Q. But the City police took him there?
A. Sheriff McCain and Lt. Ware and myself carried him
down to Kilby Prison.
Q. Were you present in this Court when the sheriff testi
fied last week?
A. I don’t think I was in here when all of his testimony
was made.
Q. Didn’t Sheriff McCain testify that he had never been
in the custody of Dallas County officials until after his
arraignment ?
A. I don’t know whether he did or not.
Q. On Thursday, when you testified that he made some
statement into a recording machine, no one was with you
except Lt. Ware?
A. That’s right. He made some other recordings, but
just Lt. Ware and myself were present on Thursday.
Q. Is that the recording you have been talking about all
the time ?
A. That’s right.
Q. The one made on Thursday, May 21?
A. Yes, that’s right.
Q. You haven’t been talking about any others?
A. We have sometime today.
Q. Do you know whose machine that is, Captain (indi
cating recording machine previously testified about) ?
A. It belongs to the City of Selma.
Q. Belongs to the Police Department of the City of
Selma?
A. That’s right.
[fol. 564] Q. And it was taken from here------
A. That’s right.
Q. To Montgomery County------
A. That’s right.
Q. By whom?
A. I carried it myself.
Q. And did you talk with this defendant later?
A. Later than when?
203
Q. After Thursday.
A. Oh, yes.
Q. When did yon talk with him again?
A. Talked with him on Saturday of that week.
Q. Saturday of that week? And who was with you on
that occasion?
A. Mr. James Hare, the Circuit Solicitor.
Q. And after Saturday, did you talk with him again?
A. Yes.
Q. When was that, sir?
A. On Tuesday of the following week.
Q. On Tuesday of the following week. That was the last
time you talked with him------
A. Yes.
Q. While he was at Kilby Prison?
A. Yes.
Q. Now, Captain, so far as you know, no charge was ever
lodged against this man?
Solicitor Hare: May it please the Court, that has been
gone over and over. It is repetitious. He has asked him
that question numerous times.
The Court: Captain Baker has testified he had a first de- ■
gree burglary warrant.
Q. Do you have that warrant with you, Captain?
A. I have it around some place. It isn’t on the stand
with me.
Q. You don’t know where it is?
A. I believe you have it. I turned it over to you, and
I don’t know what you done with it.
Q. Is there a record of that?
A. I had it. I had the warrant and turned it over to
you, and you didn’t return it to me.
Q. Is there anything at the City Hall about that warrant?
A. Just the arrest sheet. I turned the warrant over to
you. I don’t know what you done with it.
Attorney Hall: That’s all. Your Honor, we submit that
according to this witness’ own testimony this defendant
was being held illegally at whatever time the machine was
used; and that whatever might be on that machine couldn’t
possibly be binding against him; and the State and cer
204
tainly not tlie City of Selma nor Dallas County nor the
State of Alabama, had any right to question him extra
judicially at that time.
The Court: Over-rule.
Attorney Hall: We take an exception. There is just one
[fol. 565] other question I would like to ask Captain
Baker.
Q. Captain Baker, are you an electronic expert!
A. No.
Q. Are you familiar with recording machines!
A. I know how to turn it on and put the tape on and
record it and play it back, but that’s about all.
Q. You keep it in your possession at all times?
A. Oh, yes.
Q. Where?
A. In the locked vault at the city building.
Q. Nobody else has recourse to it?
A. Chief Mullen probably has access to it.
Q. Nobody has had access to it since the time you used
it before?
A. No.
Q. You always keep it in your possession and you wind
the tape?
A. I do myself, yes.
Q. And you are thoroughly familiar with that machine?
A. Oh, I know how to make it go, make it record and
make it stop.
Attorney Hall: That’s all.
Redirect Examination.
By Solicitor Hare:
Q. As to warrants, Mr. Baker, in the City Hall around
there, I will ask you: if six persons were arrested for an
affray, would arrest tickets be made on all six?
A. Oh, yes, sir. 4
Q. And if your investigation proved^ only three were
involved, would you make warrants against the others?
A. No, sir. '
Q. Would you put them on the docket?:
205
A. No, sir.
Q. Now, I will ask you this: if a person was arrested
for a bailable offense and he makes bond to the grand
jury, would that necessarily go on the recorder’s docket?
A. That is not necessary, no, sir.
Q. It would not. If he made a bond to the grand jury,
it would not be for preliminary hearing?
A. No, sir.
Q. And did the defendant in this case ever request a
preliminary ?
A. No, sir.
Q. Now, you said you talked to him on Sunday. Did he
request to talk to anybody at that time?
A. Yes, sir.
Q. Who did he request to talk to?
A. With Sheriff Townsend from Mai-ion, Alabama, the
Perry County sheriff.
Q. Did you call Mr. Townsend?
A. I did.
Q. Did he come over here?
A. He did.
[fol. 566] Q. Did he talk to the defendant?
A. He did.
Q. Did anyone else from Marion talk to him?
A. On Monday, his boss.
Q. Who was his boss?
A. Mr. Horne, the owner I guess and operator of the
Pan-Am Service Station in Marion. He and his brother
told me he was managing the Goodyear store in Marion.
Q. Yes, sir. Mr. Baker, at the time and at the place
that you had a conversation with this defendant in Kilby
Prison on Thursday, that you have heretofore testified
to in the presence of Mr. Ware, was this defendant advised
or told that his conversation was to be taken down on a
recorder?
A. Yes, sir, he was.
Q. What did you do with that particular tape after you
made that recording?
A. I placed it in the vault in the City Building.
Q. Has it been in your possession and in your custody?
A. Yes, sir.
206
Q. Since that time!
A. Yes, sir.
Q, And I will ask you if you have altered, re-arranged,
added to or deleted, or in any manner whatsoever changed
that tape from the time you made that recording up to the
present time?
A. No, sir.
Q. And I will ask you if that tape is a true and correct
transcription of what was said by everyone present there
at that time?
A. Yes, sir.
Attorney Hall: We object.
The Court: Over-rule. The witness has answered.
Attorney Hall: We reserve an exception.
Solicitor Hare: Now, may it please the Court, the State
offers in evidence the recording made at Kilby Prison on
Thursday, the 21st. day of May.
Attorney Hall: We would like to cross-examine previous
to that.
Cross Examination.
By Attorney Hall:
Q. Captain Baker, did you testify that the recording—
that Chief Mullen might have had it between the time you
had it?
A. He probably had access to it. I am sure he didn’t
bother it. He knows the combination of the vault.
Q. And it has been kept there at all times?
A. Yes, sir.
Q. And nobody else has the combination to the vault?
A. No.
Q. Has that same tape been on there (indicating record
ing machine) since that time?
A. No.
Q. Where has the tape been?
A. In the vault.
[fol. 567] Q. That tape has been taken off and put on?
A. Yes.
Q. And there were some other tapes on there sometimes?
A. Yes. I put that tape on there this morning.
207
Q. And it has always been in that vault?
A. Yes.
Q, Yon know that to be true?
A. I am sure. I am positive.
Q. Yon have not checked with Chief Mullen?
A. Yes, I have checked with Chief Mullen and he said
he didn’t take it out.
Q. Captain, on the occasion of your first talk with Fikes
on the 17th. of May, that was Sunday? That was the 17th.
of May?
A. I am sure that’s right.
Q. Did you at that time have several other persons in
the city jail down there whom you suspected of having
committed some alleged burglaries?
A. Yes.
Q. And did you question them all?
A. Yes.
Q. And were they all taken down to Kilby Prison?
A. No.
Q. Were any of them taken, with the exception of this
defendant?
A. No.
Q. Will you tell the Court why you took him?
A. Carried him down there for protection, protective
custody,.
Q. Protection from what, sir?
A. Oh, protection from ’most anything. It was out
duty to see that nothing happened to him.
Q. Was anything threatening him at that time?
A. No, not that I know of.
Q. Any mob action or any threatened violence by mob
action ?
A. No.
Q, At any time, directed at this defendant?
A. No.
Q. Any threat to storm the jail and lynch him?
A. No.
Q. Had any of his fellow prisoners jumped on him?
A. No.
Q. Then why was he taken to Kilby Prison?
208
A. We had had so many incidents reported to us, and we
thought it best to take him for protection to Kilby Prison.
Q. Had any overt acts been directed at this defendant!
A. No.
Q. He had been in your jail since Saturday night or
early Sunday morning?
A. That’s right.
Q. And he stayed there all Sunday and was there Mon
day morning?
A. That’s right.
Q. And about what time Monday did you take him to
Kilby?
A. About three o ’clock in the afternoon.
Q. So he stayed there most of the day Monday?
A. That’s right.
Q. When you took him to Kilby, were you armed?
A. Yes.
[fob 568] Q. Were you heavily armed?
A. No, just side arms,
Q. Was Sheriff McCain?
A. He had his side arms.
Q. And you had nobody else in the car?
A. Lt. Ware.
Q, You and Sheriff McCain and Lt. Ware?
A. That’s right.
Q. And you had no shot gun or machine gun?
A. No.
Q. If there had been any danger, sir—. Tell me, Cap
tain, did you take him in an automobile belonging to the
City of Selma?
A. Yes, City of Selma car.
Q. So that he was still in the custody of the City of
Selma?
A. I guess so.
Q. And what you suspected Mm of was the commission
of a felony?
A. That’s right. That’s right.
Q. And you had decided that he was not cognizable by
the recorder’s court?
Special Prosecutor Gayle: We object, it is not his duty
to decide.
209
The Court: Sustain. That is out.
Q. You had not entered any charge on the recorder’s
docket?
A. No, I had not entered any charge on the recorder’s
docket.
Q. And you had not officially transferred him from the
City of Selma to Dallas County?
A. No, we carried him to Kilby Prison.
Q. The City of Selma put him in its car and transporter
him from Selma in Dallas County, Alabama, to Mont
gomery County, fifty miles away, and had him incarcerated
in Kilby Prison, which is the State’s prison?
A. That’s right. That’s right.
Q. Captain Baker, isn’t it a fact that you took him down
to Kilby Prison as a threat, to make him confess to some
alleged crime?
A. No, we did not.
Q. Isn’t it a fact, this was an act of intimidation?
A. No.
Q. Isn’t it a fact that you told him, told this defendant,
unless you got this defendant out of Selma he would be
mobbed and lynched?
A. No, it is not.
Q. Isn’t it a fact that you told him that the best thing
he could do was to say he did these things and you would
look out for him?
A. No. No. How could I look out for him?
Q. Isn’t it a fact that you told him he would be better
off without a lawyer?
A. No. I tell all of the defendants I talk with he could
and should have counsel.
[fob 569] Redirect Examination.
By Solicitor Hare:
Q- Now, Mr. Baker, when you took this defendant to
Kilby Prison, had he already made some statement to you?
A. Yes, sir.
Q. And was it your purpose to get more statements by
taking him to Kilby?
14— 53
2 1 0
A. No, sir.
Attorney Billingsley: We object. He is leading.
The Court: You opened the door.
Attorney Hall: We object to leading.
The Court: All right.
Q. And you say that he was admitted to Kilby on whose
order ?
A. On an order or letter by the Circuit Judge, Judge
W. E. Callen.
Q. And that was Monday afternoon after he had been
arrested at what time!
A. About 12:25 Sunday morning. That’s when he was
booked.
Q. What do you mean?
A. Twenty-five minutes after midnight. That’s 0025 on
Sunday.
Q. Yes, sir. Now, Mr. Baker, at any time that you
talked to this defendant and at the time you made this
particular recording, were you armed?
A. No, sir.
Q. Was anyone there in the chaplain’s office at Kilby
armed at that time?
A. No, sir, no one was armed.
Q. Are you permitted to go into Kilby with side arms
or arms of any sort?
A. No, sir, you cannot enter the prison with arms of any
kind.
Solicitor Hare: Now, may it please the Court, we now
offer in evidence------
Attorney Hall: We have one other question, sir.
Solicitor Hare: All right.
Recross Examination.
By Attorney Hall:
Q. Captain Baker, how long did you talk with this de
fendant when you first talked with him on Sunday, im
mediately after his apprehension?
A. From approximately ten a. m. until twelve noon.
2 1 1
Q. From ten a. m. until noon, two hours,
A. About two hours.
Q. That was continuous?
A. Oh, no, I was in and out of the office. Reports would
come in, things I had to attend to, and phone calls.
Q. And he was sitting in your office?
A. Sure.
Q. And as you went in and out was he left sitting there
or was he taken and locked up ?
A. Oh, no, he was sitting in my office.
[fol. 570] Q. Did you lock him in?
A. No, we didn’t lock him in.
Q. Just left him sitting in there?
A. Yes, sir.
Q. How long did you talk to him Sunday afternoon?
A. Oh, about two and a half or three hours on Sunday
afternoon.
Q. That was continuous?
A. Not continuous. We had interruptions, and go get a
drink of water, and come back.
Q, And for two and a half hours or three hours you
questioned him on Sunday afternoon?
A. Altogether, yes. We rode him around in the car a
little while and came back. Not continuous questioning.
Q. You rode him around in the car a little while?
A. Yes.
Q. On Monday, sir, when you talked with him—you took
him down to Kilby on Monday afternoon?
A. Monday afternoon.
Q. Did you talk with him Monday morning?
A. Yes.
Q. How long, sir?
A. About an hour and a half or two hours.
Q. Do you remember what time you started talking to
him on Monday?
A. Around nine o ’clock in the morning.
Q. And you talked with him until what time?
A. About eleven.
Q. After that, sir, did you talk with him again before
you took him down to Kilby?
2 1 2
A. No, I didn’t see him again until we were ready to
go to Kilby.
Q. I see. Now, sir, you didn’t talk with him Monday
afternoon!
A. Oh, we had a general conversation. I don’t know
what it was about, I couldn’t tell you. And riding over
there I was on the back seat with him.
Q. Do you recall testifying previously with reference
to your conversation with this defendant on Monday after
noon, sir!
A. I testified several times previously.
Q. And are you certain that you didn’t talk with him on
Monday afternoon!
A. We carried him to Kilby Prison, and after we ar
rived at Kilby we talked with him.
Q. Monday afternoon you talked with him?
A. Yes.
Q. How long, sir?
A. I expect we talked with him several hours.
Q. Did you talk with him Monday night at Kilby?
A. Yes, a little while after supper. I just don’t know
how long.
Q. Did this defendant request this conversation?
A. No, I don’t guess he requested it.
Q. So you talked with him several hours Monday after
noon, and Monday night you talked with him at Kilby?
A. Yes.
Q. How late did you talk with him Monday?
A. I don’t remember how long. We came back to
Selma that night. I don’t think it was over several
[fol. 571] hours that evening.
Q. Now, when did you say you saw him next, sir?
A. On a Wednesday.
Q. And you talked with him on Wednesday?
A. That’s right.
Q. Did you talk with him Wednesday morning, sir?
A. No, I think we didn’t get over there that day until
afternoon—I believe we did talk with him a little while
before noon.
Q. About how long that afternoon?
A. That afternoon we had several hours conversation
213
with him. I just don’t remember what time, we stopped
that evening. Wasn’t too late.
Q. Was Willie doing most of the talking?
A. He was doing quite a bit of it.
Q. He is a talkative man, you would say!
A. No. He was responsive to our questions.
Q. Was he talking spontaneously or in answer to ques
tions ?
A. Very responsive to the questions we asked him.
Q. Only when he was asked!
A. That’s right.
Q. So that unless he is questioned he doesn’t talk, or
he didn’t!
A. I don’t know.
Q. During the time you talked to him.
A. Oh. Yes, he would volunteer some, a good bit of in
formation to us.
Q. But, sir, by and large, he answered questions?
A. He would answer our questions.
Q. But he did talk only when questioned?
A. The only times I talked with him was when we were
questioning him.
Q. So that during these several hours you mentioned,
you were questioning him?
A. Sure, yes.
Q. Does that mean that you and Sheriff McCain and. IA
Ware and Mr. Hare and Mr. Bee.se. were questioning him,
all of you, not just one ? _
A. Oh, no. I did most of the talking with Willie. And
Mr. Hare did some on Saturday, and Mr. Reese asked Mm
on the following Tuesday.
Q. Did the sheriff ask him any?
A. Sure.
Q. And I believe you testified that Dr. Sowell was there?
A. That’s right.
Q. And who is he, sir?
A. He is a toxicologist from the State Department of
Toxicology, State of Alabama.
Q. And he was present at the questioning?
A. Yes.
Q. And did he direct questions to this defendant?
214
A. Oh, yes.
Q. And I believe you testified that sometime the warden
or assistant warden was present?
A. Mr. Burford was present at one time, but I don’t
[fol. 572] know that he actually asked him a question. Mr.
Burford was warden at that time of Kilby.
Q. At that time, do you know whether or no there was
any charge pending against this defendant—at the time
Mr. Burford questioned him?
A. Yes.
Q. Where was that pending?
A. Over here in Selma.
Special Prosecutor Gayle: That has been gone over
and over. We object on the grounds that it is repetitious.
The Court: Yes, sir, it is repetitious. Sustain.
Attorney Hall: We take an exception.
The Court: All right, you have an exception.
Q. Mr. Burford, you say, was present at the questioning?
A. Yes.
Q. Now, who advised Willie of his right to have counsel?
A. I did each time.
Q. In the presence of these other witnesses?
A. I don’t know whether they were present or not. I
would usually start off the conversation each time, and
I ’m sure some of the witnesses heard me advise the de
fendant that he was entitled to counsel and his various
rights.
Q. And after Wednesday, did you talk with this de
fendant again?
A. Yes, after Wednesday, I talked with him on Thurs
day, May 21, 1953.
Q. How long did you talk with him at that time?
A. First conversation that evening was a couple of
hours.
Q. You didn’t talk with him at all in the morning?
A. That was in the afternoon. We didn’t talk with him
in the morning.
Q. You say the first conversation was two hours?
A. Around two hours.
Q. And the second conversation, sir?
215
A, Well, I imagine about an hour or an hour and a half,
something like that.
Q. And did you talk with him again that afternoon or
evening f
A. No, not after that second set-to.
Q. Did you talk with him on another occasion?
A. Yes.
Q. What time was that?
A. That was on Saturday.
Q. How long did you talk with him that time, sir?
A. About three hours—about three and a half hours that
Saturday afternoon.
Q. How about that Saturday morning?
A. We saw Willie a little while that Saturday morning.
Q. How long?
A. I guess fifteen or twenty minutes.
Q. But your main conversation was in the afternoon?
A. Yes, after lunch.
Q. And you were still questioning him?
A. Yes.
[fol. 573] Q. And each time you talked with him, you
were questioning him?
A. Oh, yes. Yes.
Q. And I believe the last time you saw him was the
following Tuesday? You didn’t see him that Sunday?
A. No, I didn’t go to see him on Sunday.
Q. Or that Monday?
A. No.
Q. And you saw him, sir, the following Tuesday?
A. The following Tuesday we went over.
Q. How long did you talk with him that Tuesday?
A. Not too long, just a very short while.
Q. About how long?
A. About an hour at the most.
Q. That was in the morning or afternoon?
A. That was in the afternoon, after lunch.
Q. Sir, isn’t it a fact that from the very first day that
man was picked up by the police of the City of Selma
until Tuesday, one week later—a week and two days—he
was constantly questioned by yourself and other officials
of the City of Selma and Dallas County?
2 1 6
A. No, sir.
Q. Isn’t it a fact that questions were propounded and
you told him over and over and over again that he com
mitted several alleged burglaries'?
A. No:' Most of the time he was very responsive to the
questions.
Q. Isn’t it a fact that you put him in your car and took
him from place to place where these alleged burglaries oc
curred and pointed them out to him, and told him the names
of the people who accused him?
A. No, sir. I took him in the car with Sheriff Townsend
from his home county and Chief Mullen. Put the de
fendant in the car, and we left the City Building to go see
his uncle, who, he stated lived in Selma; and after we got
there, where he said his uncle lived, he remembered that
five years prior his uncle had moved to Perry County. And
after that we we went to Mabry Street—no, not on Mabry,
but on McLeod, to where------
Attorney Hall: We object to any voluntary testimony.
The Court: You asked him if he didn’t take him. Over
rule.
Attorney Hall: We except, your Honor.
The Witness: (Continuing his answer) We carried him
to where he left his car, and we rode him by three of the
houses that had been burglarized. And we did not tell
him who lived there or how the entry was made. And
some of them I didn’t know. And asked him if he had
been around that place before, and one of the houses he
said he had been and another at that time he said he
hadn’t.
[fol. 574] Attorney Hall: If your Honor please, we are
going to again object to the testimony of this particular
witness, on the grounds that it is voluntary and uncalled
for.
The Sourt: The answer made by the witness is respon
sive to the question asked by Counsel for the defendant,
and the objection is over-ruled and you have an exception.
Attorney Hall: We reserve an exception, sir.
Q. Captain, you say that you yoqrself did not know the
locality of those houses?
217
A. I said I knew the location. I said that I didn’t show
him how the entries were made, because at one of the
houses I didn’t know until after the defendant told me.
Attorney Hall: Your Honor, please, we move that the
last answer given by the witness be stricken from the rec
ord as being voluntary and as being or purporting to be
in the nature of a confession.
The Court: Your motion is granted; and Gentlemen of
the Jury, the last part of the testimony by Captain Baker
is out and not for your consideration.
Attorney Hall: And we further move the Court, that it
was an improper remark made in the presence of this
jury, and that at this time the Court declare a mis-trial.
The Court: Your motion is denied. The Court again
charges the jury that the last remark of Captain Baker is
out and not for your consideration in the determination of
this case.
Attorney Hall: We except to the ruling of the Court.
The Court: You have an exception. Anything further?
Q. Captain, it was on Monday afternoon when you were
riding him around?
A. Oh, no, on Sunday.
Q. That was the day after his arrest?
A. The day of his arrest.
Q. Same day. I see, sir. What time did you get him
back to the City jail?
A. We were gone about twenty minutes, T imagine. It
was about the middle of the afternoon.
Q. Who was with you at that time?
A. Chief Mullen and Mr. Townsend, sheriff of Perry
County.
Q. Chief Mullen and yourself and the sheriff of Perry
County, and who else?
A. The defendant and myself.
Attorney Hall: I see. That is all.
Solicitor Hare: We will let Mr. Baker stand aside, and
we want to call Chief Mullen.
2 1 8
[ fo l . 575] Ed W . M u l le n , b e in g du ly sw orn , testified as
fo l lo w s :
Direct Examination.
By Solicitor Hare.
Q. What is your name!
A. E. W. Mullen.
Q. Where do you live!
A. Selma, Alabama.
Q. Mr. Mullen, what do you do!
A. Chief of Police.
Q. Is that of the City of Selma, Dallas County, Alabama!
A. Yes.
Q. How long have you been Chief of Police!
A. Eight years.
Q. Mr. Mullen, do you know of any tape recording made
by Captain Baker!
A. Yes, sir.
Q. Do you know of any tape recordings made by him
with respect to this defendant, William Earl Fikes!
A. Yes, sir.
Q. Do you know where those recordings have been kept!
A. Yes, sir. In the vault in my office.
Q. In the vault in your office. Who has a key, or what
kind or security, do you have!
A. It has a combination on it.
Q. And who has access to that vault!
A. I have access to it and Captain Baker has access
to it.
Q. Are you the only two people who have access to it!
A. Yes, sir.
Q. And as far as you know, are you the only two people
who know the combination to that vault!
A. Yes, sir.
Q. Mr. Mullen, have you at any time altered, deleted,
spliced or done anything with reference to the tape record
ings that were in that vault!
A. No, sir.
Q. Have you made any alteration or any sort with
respect to them!
219
A. No, sir.
Q. And I will ask you if so far as you know they are in
substantially the same condition now as they were when
they were put in there!
A. So far as I know, they are. Yes, sir.
Cross Examination.
By Attorney Hall:
Q. What else is kept in that vault, sir!
A. Well, practically everything that we pick up from
people: contraband stuff, pistols and whiskey, and stuff
like that.
Q. So that is more or less the evidence vault!
A. That’s right.
Q. And you put everything in there that you take for
evidence!
A. That’s right.
Q. In the course of each day, you yourself have occasion
[fol. 576] to go in and out of that vault—that place!
A. I do.
Q. No one else takes out but you!
A. The captain and I.
Q. Just the captain and yourself!
A. That’s all.
Q. Is that in the day and night time!
A. All the time.
Q. Do you mark the things for identification previous
to putting them in the vault!
A. I mark the things that I put in, yes.
Q. Does Captain Baker mark the things he puts in there,
so he can identify them!
A. I don’t know whether he marks everything he puts
in there or not.
Q. You don’t know for sure whether or not he does that!
A. Not in every case, no.
Q. Now, you invariably mark everything you put in
that particular vault!
A. I do.
Q. And show exactly what it is. It that right, sir!
A. That’s right.
2 2 0
Q. And nobody else has access at any time, is that right,
sir?
A. Nobody except the captain and T.
Q. I ask yon, sir, how many tape recordings were in
that vault during the last month or so?
A. I don’t know.
Q. Were there more than one? Or two?
A. I don’t know.
Q. Might there have been several, sir?
A. Yes.
Q. Might there have been as many as six, sir?
A. I don’t know. I don’t think so.
Q. Would you know whether or not there was any dis
tinguishing mark on them, sir?
A. No, I don’t.
Q. So you don’t know which one was which, do you, sir?
A. No, I don’t know.
Q. So the tape recording on this record player here
might be any one of several, so far as you know. Is that
right, sir?
A. As far as I know, yes.
Q. Now, Chief Mullen, what is the procedure on arrest
in the City of Selma, sir?
A. What do you mean?
Q. What is the procedure for arresting in the City of
Selma? How is a man arrested when he is brought in to
your jail? What is the procedure in arresting and book-
ing?
Special Prosecutor Gayle: We object to that. We have
brought nothing out from Chief Mullen on that.
Attorney Hall: This is cross-examination, and we have a
perfect right to ask anything relative to the admission of
[fol. 577] this defendant.
The Court: Over-rule.
Q. Will you answer, please, sir?
A. A person is brought in to our desk, where a desk
clerk is on duty, and we have what we term an arrest sheet.
Q. Yes, sir.
A. The prisoner is asked his name, his age, and several
other questions, and that is placed on this arrest sheet, and
2 2 1
that sheet is filed in the drawer there until a warrant is
made.
Q. Yes, sir.
A. And then the prisoner is searched and his valuables
taken off of him, and they are listed on this arrest sheet,
and then he is placed in jail.
Q. All right, sir. You say “ until a warrant is made” .
What happens after the warrant is made?
A. When the warrant is made, that is placed on the
docket—on the recorder’s docket, if it is to come before
the recorder.
Q. I see. Who has custody of the recorder’s docket, sir!
A, The desk clerk.
Q. Who transfers the information from the warrant to
the recorder’s docket?
A. The desk clerk.
Q. Who decides whether the matter will come before the
recorder ?
A. Well, I decide in some instances, and the captain de
cides in some instances.
Q. I see, sir. So you or the captain decide whether or
no it goes before the recorder’s Court.
A. That’s right.
Q, Chief Mullen, did you testify in this cause previously,
sir?
A. No, I did not. You mean in this case?
Q. Yes, sir.
A. No, I did not. I did in the previous case.
Q. On the motions in this cause?
A. You mean on the motions in this cause?
Q. Yes, sir.
A. Yes.
Q. On the motions in this particular cause.
A. Yes.
Q. Do you recall your testimony with reference to the
arrest procedure, sir?
A. I think I do.
Q. Do you recall stating that in every case where a war
rant was made, the information on the warrant was trans
ferred to the recorder’s docket, sir ?
A. Yes, that’s right.
2 2 2
Q. And that is true in every case where a warrant is
made?
A. In every case where a numbered warrant is made.
Q. Do you recall testifying that all warrants issued by the
[fol. 578] City of Selma are numbered, sir?
A. No. They are not all numbered.
Q. Do you recall testifying to that fact, sir?
A. No, I don’t think I did. I don’t think I did.
Q. On what occasion do you issue an un-numbered war
rant, sir?
A. An un-numbered warrant is issued when we have an
out of town prisoner or send a warrant out of town.
Q. So that the only way you use or issue an un-numbered
warrant is when you have an out of town person in custody.
Do you mean you are holding a person for someone out of
town or that you are going to issue a warrant for some
person out of town? What do you mean?
A. I mean someone is out of town.
Q. And you issue a warrant for his apprehension?
A. That’s right.
Q. I see. What is the other circumstance?
A. ThatA -̂.viubial]w..Diemjnlv..fdrcnnis,tam:£— „_T
Q. When the person is not out of your custody and you
are issuing a warrant for his apprehension and you are
going to send the warrant to some other official?
A. That’s right.
Q, But when a person is in your custody and you issue
a warrant for his arrest, are the warrants usually num
bered?
A. Usually they are. Sometimes they are not.
Q. What are the circumstances when they are not?
A. Well, I am not just particularly clear on just why
they are not.
Q. Why are they numbered, sir?
A. They are numbered in order that we might keep up
with them.
Q. If they are not numbered you can’t keep up with
them, can you?
A. Yes, but they would not be on the docket without a
number on them.
Q. If they are not on the docket with a number on them,
223
do you have any other record of the fact that a warrant
has been issued I
A. We have the arrest sheet and then we have a copy
of the warrant.
Q. You make a copy of the warrant, sir?
A. No, the warrant.
Q. You have the warrant itself.
A. Yes, that’s right.
Q. You have the warrant itself, and does that show a
return ?
A. Yes.
Q. And it shows what has been done with the prisoner?
A. Ordinarily, yes.
Q. Is there ever a time when it doesn’t sir?
A. I don’t know. I don’t think there is.
Q, Chief Mullen, are you or Captain Baker always on
duty, one or the other of you?
A. No, we are not on duty twenty-four hours a day. We
are on call twenty-four hours a day.
[fol. 579] Q. I see. How do you usually work, you and
the captain? Do you work the same hours?
A. Yeah, we work the same hours in the day time.
Q. And is your day an ordinary eight hour day?
A. No, sometimes our day is sixteen hours and sometimes
eight or ten hours, and sometimes it is twenty.
Q. I see. Now, when the desk clerk takes things from a
prisoner to keep, whatever they may be, and which might
go into your vault, what does he do with them if you and
Captain Baker are not there?
A. They lock it up and keep it until we get there.
Q. And in the event the- need something in your vault
and you aren’t there, what do they do then?
A. They call us up, and we come down there.
Q. So there is no provision at all for anybody to get in
that vault if you and the captain are not there.
A. That’s right.
Attorney Hall: That is all.
224
Redirect Examination.
By Solicitor Hare:
Q. Chief, would it be a matter left to your discretion if
you use a numbered or un-numbered warrant?
A. Not particularly mine. The Captain could do so too.
Q. It would be a matter of your discretion or Captain
Baker’s, what type warrant you use?
A. Yes, sir.
Q. And do you use un-numbered warrants?
A. Yes, sir.
Q. They are not exceptional?
A. No, sir.
Q. Chief, if a person makes a grand jury bond, is ar
rested and makes bond to the grand jury, would that go on
the City recorder’s docket?
A. No.
Q. That case would not be heard by the recorder?
A. No, sir.
Q. And would not be within his jurisdiction?
A. No, not if it goes to the grand jury.
Q. If a preliminary was requested by a defendant, would
it go on the recorder’s docket?
A. Yes, sir.
Q, Did you ever talk to William Earl Fikes while he was
in the custody of the City of Selma?
A. I talked to him possibly five minutes in the office.
Q. At any time that you talked with Mm, did he request
a preliminary ?
A. No, sir.
Solicitor Hare: I believe that’s all.
[fol. 580] Cross Examination.
By Attorney Hall:
Q. Did William Earl Fikes make a grand jury bond?
A. I think he did.
‘ QrWSsTn' released ?
A. No, I don’t think he was released.
Q. As a matter of fact, can a person make a bond before
he is charged?
225
A. I wouldn’t know that.
Q. Chief Mullen, is murder a bailable offense!
A. As far as I know it isn’t.
Q. Do you recall examining the recorder’s docket in this
Court previously in this cause!
A. I do.
Q. Do you recall seeing listed there the name of a de
fendant charged with murder who waived to the grand
jury!
A. You mean of one particular person!
Q. Yes, sir, of one particular person.
A. Yes.
Q. You remember seeing that!
A. Yes, I do.
Q. And that was in the recorder’s docket!
A. Yes.
Q. And as to the disposition, it says, “ Waived to the
grand jury” !
A. That’s right.
Q. In that case no grand jury bond was made!
A. No, there wasn’t any bond made.
Redirect Examination.
By Solicitor Hare:
Q. If they waive to the grand jury, does that necessarily
mean they are subject to bond or bailable!
A. No, sir.
Q. Are capital offenses in Alabama necessarily bailable?
A. As far as I know, they are not.
Recross Examination.
By Attorney Hall:
Q. Chief Mullen, who ordinarily sets bond for defend
ants?
r e o rder sets bond,
Q. Does he set the bond without a preliminary hearing?
A. No, I don’t think so. I know he doesn’t.
15—53
226
Q. In order to have a preliminary hearing, wouldn’t the
name of the defendant have to be on the recorder’s docket?
A. Yes.
[fol. 581] Q. So that in order for a defendant to obtain
bond for the grand jury, he would have to have a pre
liminary hearing in the recorder’s court, would he not?
A. He would have to have it or waive.
Q. And if he waived, the recorder’s docket would show
that, wouldn’t it?
A. Yes.
Q. And if a defendant had made bond, had made bond
for consideration by the grand jury and waived his pre
liminary hearing, that fact would still appear in the re
corder’s docket, would it not, sir?
A. Yes.
Q. As a matter of fact, sir, is it not a fact that in no
circumstance where a man is accused of a felony, can he
get bond without first having a preliminary hearing in the
recorder’s court of the City of Selma?
A. I don’t know about that. If he is tried in our Court,
if he has a preliminary hearing, the Judge will set a
bond if he is bondable.
Q. In no circumstances, where a man is arrested by the
police of the City of Selma and charged with a felony, can
he get by without having a preliminary hearing in the re
corder’s court of the City of Selma, is that true, sir?
A. Yes, on some felonies he can get a bond.
Q. What are they, sir? And who would set them, sir?
A. Well, assault with intent to murder—and grand
larceny.
Q. Grand larcency, sir? That is true in the City of
Selma?
A. That is right.
Q. Who would set that bond?
A. Either I or the captain.
Q. In grand larcency and assault with intent to murder?
A. Yes.
Attorney Hall: That’s all, sir.
Solicitor Hare: You can come down.
J. "Wilson B ak er , recalled to the stand, testified fu rth er
as fo l lo w s :
Direct Examination.
By Solicitor Hare:
Q, You are Mr. J. Wilson Baker of the Police Depart
ment !
A. Yes.
Q. And you have previously testified in this cause today!
A. Yes.
Q. And you testified with reference to a tape recording
that you made!
A. Yes, sir.
Q. Mr. Baker, I will ask you if that particular recording
that you have heretofore testified to, if you have recently
played that recording back!
A. I have.
Attorney Hall: If the Court please, we object to that,
[fol. 582] The Court: Sustain the objection.
Solicitor Hare: I am just trying to show that it is the
same. Preliminary questions.
The Court: Sustain the objection to the question.
Q. Are you familiar with that recording that is on the
machine there, and which you have previously testified to !
A. I am.
Q. I will ask you if it is a true and correct transcription
of what was recorded on that occasion!
A. It is. Yes, it is.
Q. And that you have heretofore testified about!
A. Yes, it is.
Q. And that particular recording on this machine was
made by you!
A. Yes, sir.
Q. And in your presence!
A. Yes, sir.
Q. And it has been in your custody since the time that
it was made!
A. Yes, sir.
2 2 ?
2 2 8
Q. It has not been altered, deleted, spliced or changed1?
A. No, sir.
Solicitor Hare: May it please the Court, the State at
this time now offers the recording in evidence.
Attorney Hall: If the Court please, we want to cross-
examine.
The Court: Go ahead, and let’s conclude it now.
Attorney ------: Your Honor, please, we don’t want to
delay the hearing, but the State insists on bringing out
new testimony and we have a right to cross.
The Court: Go ahead.
Cross Examination.
By Attorney Hall:
Q. Captain, how many tape recordings—we withdraw
that. Where was this tape recording for the last month,
sir?
A. In the vault in the City Building of the City of Selma.
Q. I ask you, Captain, were you in the Court room
during Chief Mullen’s testimony?
A. On part of it. Not very much of it.
Q. You heard part of it, did you?
A. Yes.
Q. You were out of the court room most of the time?
A. I was back in the lawyer’s room smoking.
Q. You heard some of it?
A. Yes, but just a very little of it, because I was in the
lawyer’s room smoking.
Q. Captain, you say this recording was in the vault of
[fol. 583] the police department of the City of Selma?
A. That’s right.
Q. How many tape recordings are in there, sir?
A. I don’t know of but one.
Q. That is the only one that you know of?
A. That’s the only one I know of.
Q. No other recordings are in that vault?
A. No others. None.
Q. None that you made yourself?
A. Oh! Recordings? It was two or three tapes.
Q. Two or three different tapes?
229
A. Yes.
Q, Are they on spools?
A. On these plastic spools.
Q. Several tapes?
A. Yes, sir.
Q. And each constituted a separate recording?
A. That’s right.
Q. Were these tapes marked for identification purposes?
A. Yes.
Q. How were they marked?
A. I have them in a little blue paste-board box with a
little paste-board card, and each one identifies what por
tion of the conversation I had with the defendant is on
that reel.
Q. I see, sir. Now, do you have those little blue boxes
in this court room, sir?
A. No, I don’t.
Q. That is the only way you can identify one recording
as against another?
A. That’s right.
Attorney Hall: That’s all.
Redirect Examination.
By Solicitor Hare:
Q. Mr. Baker, can yoii identify a recording by putting it
on the machine and playing it?
A. Yes, sir.
Q. And I will ask you if the recording you have on the
machine now is the recording which you made on the occa
sion you have heretofore testified about?
A. Yes, sir, it is.
Recross Examination.
By Attorney Hall:
Q. Captain Baker, how do you mean you can identify
a recording if it is put on the machine and played, sir?
Do you have a special way of making a recording?
A. Oh, I know the conversation that I had.
230
Q. Is it possible that somebody might have made an
identical recording and left out one word or some words or
included some words!
[fol. 584] A. Not with my voice.
Q. Is it possible that somebody might have imitated
your voice!
A. No, I don’t believe so.
Q. The only way you can identify this recording, sir,
at this time, and the difference between it and some other
recordings is by those little blue containers!
A. I personally took it out of the little blue container
and I personally put it on this particular machine.
Q. You don’t have any of those little blue containers
in the court room at this time!
A. No, I don’t.
Attorney Hall: That’s all, sir.
Solicitor Hare: The State offers in evidence the record
ing heretofore testified to by the witness presently on the
stand.
Attorney Hall: If the Court please, the defendant ob
jects to what purports to be a recording made by this
witness, on the ground that sufficient predicate has not
been laid.
The Court: Over-rule the objection.
Attorney Hall: We except, sir, and we would like to
make another motion. We would like to make an offer to
put this defendant on the stand for the purpose of re
futing certain allegations by the State with reference to
the voluntary nature of what purports to be certain extra
judicial admissions, and for no other purpose.
Solicitor Hare: Now, may it please the Court, if the
defendant takes the stands IJnskt, that he /be. subject/
cross-examjjmtjun_jui^any t o d e w ^ --^^^^maTxs^^eyic
^Hence- Tam not willing to make any agreement of limLW
V The Court: And you are only offei’ing the testimony of y
vthe defendant for the purpose of refuting the voluntary /
nature of this recording! /
Attorney Hall: Just that, sir,
231
The Court: I sustain the State. If the State is not
willing to reach a stipulation or agreement on that, but
insists that you open defendant for cross-examination of
any and every nature, I over-rule the motion.
Solicitor Hare: I ask Mr. Baker to play the recording.
The Court: The reporter is to take down verbatim the
words which come from the recording which Captain
Baker is about to play.
ffol. 585] Attorney Hall: Before the recording is played,
the defendant would like to object again on the grounds
that this recording has not been sufficiently identified, it
has not been sufficiently shown where this recording has
been kept, and it has not been sufficiently shown that there
was no chance for substitution, and it has not been suffi
ciently shown that the person or persons who allegedly
made this recording were proficient and sufficient at the
operation of this machine, nor has it been shown that they
are experts to a necessary proficiency to attest to the
correctness of what purports to be a recording of an
alleged confession; further, it was been conclusively shown
here that there were several recording- or tapes or spools
of tape kept in what purports to be the vault of the City
Police of Selma at the same time, and that this recording
has not been shown to be different from any other record
ing made at some subsequent time or at some previous
time. For all of these reasons, sir, we object to the ad
mission of this into evidence.
The Court: Your objection and your motion—I presume
you are combining them?
Attorney Hall: Yes, sir.
The Court: Your objection and your motion are both
denied.
Attorney Hall: We reserve an exception.
The Court: You have an exception.
(The above referred to recording is accepted in evidence
as State’s Fjxhibit 3; and the witness, Captain J. Wilson
Baker, goes to the recording machine and plays same to
the Court and Jury.)
232
S t a t e ’s E x h ib it 3
Recording of Conversation Between Captain J. Wilson
Baker and the Defendant, William Earl Fikes
What is your name1? William Fikes.
What is your name! William Fikes.
How old are you, Willie! Twenty-seven.
How old! Twenty-seven.
Speak your name and age one more time. Twenty-seven,
William Fikes.
What’s the day of the month, Willie! May the twenty—
twenty-first, May the twenty-first.
[fol. 586] What year! 1953.
Do you know who is talking to you in here today! Yes,
sir.
Who! Captain—Captain Ware and er—Captain—er—
Who, Willie! Captain Ware and Captain Baker—er—
Captain Baker! Captain Baker.
Where are we from! Selma, Alabama.
Where do we work! Do you know! Police department.
Willie, we’ve only been talking to you about a couple of
hours now, haven’t we! Yes, sir.
During this time has anybody cursed you or abused
you, beat on you, threatened to beat you or anything,
threatened you in any way! No, sir.
To try to get you to tell us the truth! No, sir.
Now, William, what we want to do right now is to review
everything that we’ve been over so far, and I want you to
tell us the honest to God’s truth about everything that
you’ve done so far, you hear! Yes, sir.
Everything that you’ve told us so far about these things,
breaking in these houses. Have you been breaking into
any of the houses in Selma! All that I told you about,
I have.
The ones that you have already told us about! Yes, sir.
Well, now, the first you went into in Selma you say now
is on a Friday night about a month ago! Yes, sir, maybe
a little longer than that.
William, do you remember the date! No, sir, I don’t
exactly remember the date,
233
Well, now, William, that house you went into was on a
Friday night! Yes, sir.
Was it raining that night! Yes, sir, it was drizzling.
Drizzling or raining pretty hard, which was it! It was
just drizzling.
Just drizzling! Yes, sir.
Drizzling enough to get you good and wet, wasn’t it!
Yes, sir.
No, how did you get in that house, William? Er—I went
around to the side window and took a piece of wire and
opened the screen and come through that.
And what kind of room were you in then? I was in a—-
er------
What kind of room was it, William, do you remember?
I was in a ki-------
In a bedroom with a child? Bedroom?
Who was in that bedroom, William? Baby.
Did you bother that baby in any way? No, sir.
Did you put your hand on her? No, sir.
[fol. 587] You walked on around then to what room?
Bedroom.
Did you go from that room to another bedroom or did
37ou go from that room to some other kind of room in the
house? Went to the bedroom.
You went to the bedroom before you went in the kitchen?
No, sir, I went in the kitchen first.
What did you do in the kitchen? Got a knife.
Before you went to get the knife, did you do anything
else in there? No, sir.
Did you unlock a door there in the kitchen? Yes, sir,
I unlocked the door.
What kind of latch was on the door, do you remember?
A chain latch.
A chain latch? One with a bolt that hangs on the end
of a chain, bolt that slides through and hangs on the end
of a chain, is that right? Yes, sir.
And you picked up a knife in there? Yes, sir.
Where was the knife? It was laying on the kitchen cabi
net or table or something.
How long a knife was it? It was about five inches long.
234
It couldn’t have been no longer than that? Yes, sir, it
could have been longer.
What kind of knife was it? It was a butcher knife.
It was a butcher knife? Yes, sir.
All right. After you got this knife, where did you go?
Went on up in the bedroom.
Went down the hall into the bedroom, or what? Yes, sir,
went up------
Went up to the end of the hall into a bedroom? Yes, sir.
What did you do in there, William? A lady was in there
in the bed.
Was a little baby in there in that room with her? Yes,
sir.
Was the baby in the bed with her? No, sir.
The baby was in a little thing close to the bed? Yes, sir.
What did you do on that bed with that lady? I started
to get on the bed and she woke up and she grabbed me and
tussled and stumbled around in there and fell over a stool
in the living room, and------
And you stumbled out of the bedroom and got down into
the living room? Yes, sir
And you fell over a stool? Yes, sir.
Go ahead and tell me now what happened after you fell
over the stool, go ahead. Fell over the stool. Fell over
the stool and fell down in the floor and she tussled the
knife out of my hand and got at me and I ran out of
[fol. 588] there.
After you fell over the stool and got down on the floor,
what did you say to this lady? I told her to open her legs
out, I wanted a little.
Told her to open up her legs, you wanted a little? Yes,
sir.
And she took the knife and you got up and ran out of the
door? Yes, sir.
Now, William, why did you go in this house? I don’t
know, sir, Captain, just a urge or something. I don’t know.
What kind of urge, William? Just tell in your own
words what kind of urge you think it was. I don’t have
any idea, but just------
What were you looking for in there? I was looking for
some place to have an intercourse,
Looking for some place to have an intercourse, and you
knew white folks lived there, didn’t you! Yes, sir.
And you were trying to have an intercourse with a
white lady, is that right! Yes, sir.
And after you ran out of the house, where did you go!
I went on and got in the truck and went on hack to Marion.
You went on back to Marion? Yes, sir.
Now, where was your track parked while you were in
the house with this white lady? Parked down there by the
—the first come up in town down there back of that ice
house down there.
You parked down there each time you come in town?
Yes, sir.
And at the ice house down close to where? To the
Buckeye Oil Mill.
Close to the Buckeye Oil Mill? Yes, sir.
Now, William, the night you came in here, did you come
in here by yourself? That night you’re talking about you
went in the house with the white lady with twro children
in the house, now, one in one room and the baby in the
room with the white lady, who came over to Selma with
you that night? Didn’t no one came.
About what time of night was it when you went in
there? It was about ten o ’clock or somewhere around
there.
About ten or somewhere around there? Yes, sir.
This piece of wire you said, where did you get that
piece of wire that you used on that screen? I wrung off
a little piece around the house there, a little piece of wire
hung up around there.
You found a piece of wire around behind the house there?
Yes, sir.
And you wrung it off? Yes, sir.
And you threw the other big piece down and just kept
[fol. 589] that little piece? Yes, sir.
Now, where was it? Just laying on the ground when
you found it? No, sir, it was up.
Dp? Dp on what? Kind of clothes line.
Dp on a piece of clothes line? Yes, sir.
And you just threw the other piece down on the ground
235
236
when yon got through with it, or did yon leave it hanging
somewhere? I just left it hanging.
You just left it hanging? Yes, sir.
William you went in that house looking for a white lady
that you could have an intercourse with then, didn’t you?
Yes, sir.
Now, William—Yes, sir?
The night that you were in that house that you were
just telling me about, now, where you got a butcher knife
out of the kitchen and went back in the bedroom and tried
to start to get up on the bed with this white lady, and she
started scuffling with you, do you know how she was dressed
that night? She had on pajamas.
Had on pajamas? Yes, sir.
And you tried to pull her pajamas off? No, sir.
You didn’t get around to that? No, sir.
That is what you went in there to try to do, wasn’t it?
Yes, sir.
And she fought you off? Yes, sir.
And you went on back to Marion? Yes, sir.
And your name is William Fikes? Yes, sir.
And you are 27 years old? Yes, sir.
And you live in Marion, Alabama? Yes, sir.
All right, William. You know that you have been, or
we have been recording this as we talked to you, don’t you ?
Yes, sir.
And you know that you are talking into a microphone
that’s making a record of everything we say, don’t you,
William ? Yes, sir.
And you know that you are making this statement
voluntarily, and we haven’t forced you or whipped you or
threatened you or nothing else and told you what would
happen to you about these things, have we, William? No,
sir.
And that is the truth, isn’t it, William? Yes, sir.
All right, William.
(End of State’s Exhibit 3.)
Attorney Hall: If your Honor please, we would like for
[fol. 590] the record to show that ony a portion of this
recording was played, and that previous to the identifica
237
tion of the person who allegedly made those admissions
the recording- came to a complete stop. We don’t know if
the record shows that or not. Perhaps the recording came
to a complete stop and it was started again. We would
like for the record to show also, sir, the various noises
that sounded on the recording. For instance, there were
some sniffs and sniffings, and slaps and slammings. Per
haps the witness can clear those up, but we want the record
to show what is on the recording.
Redirect Examination:
By Solicitor Hare:
Q. Mr. Baker, the recording that you just played there,
was that a true and correct transcription of the conver
sation that you had with William Earl Fikes on the occa
sion heretofore testified to in the Chapl-in’s office at Kilby
Prison!
A. It is.
Q. Mr. Baker, at one time in the course of the recording,
the noise indicated a stop. Was that machine stopped for
any length of time, or was there a change in the conversa
tion, or what was that?
A. The machine was cut off and turned immediately back
on. Not more than a few seconds.
The Court: By whom?
The Witness: By me.
Q. Did any conversation take place while you turned
the machine off and before you turned it back on?
A. No, sir.
Q. Now, the various noises that are heard in there, some
slamming noises, do you know what they purport to repre
sent?
A. Yes, sir, I do.
Q. What are they?
A. Automatic doors to the various cells or the corridor
doors at Kilby Prison.
Q. How are they operated? Manually?
A. By an electrical switch board in a cubical near the
front of the building.
238
Q, Now, Mr. Baker, did the opening or closing of any
of those doors in Kilby Prison record a sound on that tape!
A. Yes, sir, the opening and closing should sound on
there. Yes, sir.
Q. And I will ask you if that was a complete transcrip
tion, and a true and correct transcription of the conversa
tion that was had by you and William Fikes on that occa
sion!
A. It is, yes, sir.
Q. Mr. Baker, at any time while that record was in
[fol. 591] process of being made, did you or anyone slap
the defendant, or make any act or show of violence against
him or do anything to him!
A. No, absolutely not, sir.
Q. Now, Mr. Baker, subsequently or after this recording
that you have just testified to or about, did you have occa
sion to talk to this defendant, William Earl Fikes, on any
other occasion!
A. Yes, sir.
Q. When was that!
A. On one occasion, Tuesday, May 26, 1953.
Q. Tuesday, May 26, 1953.
A. Yes, sir.
Q. Where was that conversation had?
A. In the Warden’s office in Kilby Prison, Montgomery,
Alabama.
Q. Who was present at that time!
A. The Warden, Mr. Burford; and the Warden’s secre
tary, Mrs. Chambliss; Mr. Henry Reese, the solicitor of
Dallas County, Alabama; Mr. James Hare, the Solicitor;
Lt. Ware and myself.
0. And did you have a conversation with this defendant
then ?
A. I did.
Q. In whose office was that conversation had?
A. In Mr. Burford’s office.
Q. Where is that office located in Kilby Prison?
A. It is on the right at the immediate front of the prison
as you go inside of the door.
Q. And who is Mr. Burford?
239
A. Mr. Burford was the warden of Kilby Prison at
that time.
Q. Now, Mr. Baker, did you or anyone within your
presence or hearing at that time make any threats, show
of violence, or offer of violence against William Earl
Fikes to get him to talk?
A. No, sir.
Q. Did you threaten him in any way to get him to talk?
A. No, sir.
Q. Did yon make him any promises or hopes of reward
or promises of immunity at that time to get him to talk?
A. No, sir.
Q. Did anyone within your presence or hearing make
any threats against him to get him to talk?
A. No, sir.
Q. Did anyone within your presence or hearing make
any offers of reward or hopes of reward or promises of
immunity to get him to talk?
A. No, sir.
Q. And in whose presence did he talk?
A. In the presence of Mr. Burford, the warden of Kilby
Prison, the warden’s secretary, Mrs. Chambliss, Mr. Henry
Keese, Mr. James Hare, Lt. Ware and myself.
Q. At that time, Mr. Baker, I will ask you if a record
was made of a conversation had with William Earl Fikes?
A. There was.
Attorney Hall: We would like the privilege or oppor
tunity to examine this witness on voir dire.
Solicitor Hare : We will give you an opportunity when we
[fols 592-594] get around to it.
The Court: You will have that opportunity before the
introduction of it.
Q. Was a record made of this conversation?
A. Yes, sir.
Q. And who made that record?
A. Mrs. Chambliss.
Q. How was this record made?
A. She took it down in shorthand and typed it up in
question and answer form.
Q. Now, when did she type it up?
A. Immediately.
Q. Immediately. Can William Earl Fikes read and
write ?
A. Yes, sir.
Q. On this occasion was that statement given to him to
read1?
A. Yes, sir.
Q. Did he read it1?
A. Yes, sir.
Q. Now, I will ask you further if that statement was
read to him?
A. Yes, sir, it was.
Q. Who read it to him?
A. I did, sir.
Q. And I will ask you if he affixed his signature any
where on that statement?
A. He did.
Q. Where did he affix his signature?
A. On each page, on the margin of each page, and on the
bottom of the last page.
Q. And I will ask you if those pages bear any signature?
A. Yes, sir.
Q. Whose signature is signed to it?
A. William E. Fikes.
Q. Are there any witnesses shown?
A. Yes, sir.
Q. Who?
A. Lt. Ware and myself.
Q. How many pages in all were taken or constitute that
statement?
A. Five, sir.
Q. Are those pages numbered?
A. Yes, sir.
Q. I will ask you to examine those pages and tell me
whether the name of William Earl Fikes is written on each
of those pages.
A. On each page, yes, sir.
Q. Who wrote that name?
A. William Earl Fikes.
Q. Was that written in your presence?
A. It was sir.
240
241
Q. As to the signature on the last page?
A. Yes, sir.
Q. And as to each writing of his name by himself as it
appears on the other pages?
A. Yes, sir.
[fol. 595] Cross Examination.
By Attorney Hall:
Q. Captain Baker, I believe you identified this paper—
we withdraw that. You are Captain J. Wilson Baker of
the Selma Police Department?
A. Yes, sir.
Q. You are the same Captain Baker who previously
testified in this case and you were on the stand yesterday?
That’s right, isn’t it?
A. Yes.
Q. And you did testify with reference to witnesses and
certain signatures on this paper, didn’t you?
A. That’s right.
Q. This is the same paper Mr. Hare asked you about
yesterday?
A. I imagine so. (Attorney Hall hands paper to wit
ness.) Yes, that is the same paper we had yesterday
evening.
Q. Now, Captain, on what date did you say this paper
was executed, sir?
A. On a Tuesday.
Q. Do you recall the date of the month?
A. May 26.
Q. May 26?
A. Yes, May 26, 1953.
Q. And on what date, sir, was the recording, which was
played in this Court previously, made?
A. On a Thursday. Thursday before that date.
Q. And what date was that, sir?
A. I believe it was the 21st. I am not sure.
Q. So that five days intervened between the making of
the recording and the execution of this paper. Is that
right, sir?
A. Yes.
16—53
242
Q. Can you explain to this Court why?
A. No reason why that I know of.
Q. After you had made the recording on Thursday, you
decided later on that you wanted to come back and have
this paper executed, is that right, sir?
A. That’s right. We came back on Tuesday.
Q. Between the time that the recording was made and
the paper executed, the defendant was subject to ques
tioning by you and other members of the Selma Police
Department?
A. Yes, we talked to him on Saturday after that Thurs
day.
Q. And you talked to him on Tuesday?
A. Yes, the following Tuesday.
Q. Captain Baker, who did you say typed this paper?
A. Mrs. Chambliss.
Q. Mrs. who?
A. Mrs. Chambliss. C-h-a-m-b-l-i-s-s.
Q. Will you identify Mrs. Chambliss for us, sir?
A. Mrs. Chambliss was secretary to the warden at Kilby
Prison, Mr. Burford.
Q. And she was present during the time you were talking
to Pikes, here (gesturing toward defendant)?
A, Oh, yes.
Q. All during the time?
A. No, not all during the time, I don’t think. She was
[fol. 596] present during the time of this statement.
Q. The statement was allegedly made?
A. Yes.
Q. How were these statements taken, sir?
A. She took down the conversation in shorthand and then
typed it up immediately.
Q. She typed it up in your presence and in this defend
ant’s presence?
A. That’s right.
Q. Do you understand shorthand, sir?
A. Some.
Q. Did you understand this shorthand?
A. I didn’t look at it.
Q. Is Mrs. Chambliss present in this court room?
A. No, I don’t see her.
Q. Do you know whether or no she has been summoned
as a witness in this cause?
A. I just don’t know.
Q. Now, sir, what was the longest single questioning
period that you stated that this defendant went through at
your hands before he made this alleged statement?
A. At any one time, not more than three or three-and-a-
half hours, at the most.
Q. Captain Baker, it was reported in the newspaper
article of the Selma Times-Journal, Sunday, May 24, 1953,
quote: “ The Perry County negro, who was picked up on
suspicion last Saturday night, broke down at six p. m.
yesterday and made his complete confession to Capt. Wil
son Baker, after a nine-hour questioning session.” Is that
statement correct, sir ?
A. No, that statement is not correct.
Q. This article is signed by Arthur Capell. Did you
talk with Arthur Capell relative to the alleged confession?
A. Oh, yes.
Q. Did you give him some information with reference
to some alleged confession, sir?
A. Oh, yes.
Q. Did you give him information as to the time that
you talked to this defendant?
A. No, I didn’t. I don’t know whether I talked to Mr.
Capell or Mr. Hare. He was in the office.
Q. This article purportedly quotes Captain Wilson
Baker.
A. I was in the office and I probably talked with him
some, and Mr. Hare some, that evening, I am just positive
I didn’t give him any time of questioning.
Q. Did you at that time or some time previous to that
time, play certain tape recordings back for this newspaper
reporter, allegedly made by this defendant?
A. No, I don’t think so.
Q. Was any reference made to tape recordings at that
time ?
A. I don’t know. We had some tape recordings and I
don’t know whether we told him about it or not.
Q. Captain Baker, is it not true that the prosecuting
243
244
[fol. 597] witness of this cause is the daughter of the
mayor of Selma?
A. Oh, yes, that’s true.
Q. Is it not true that the police department of the City
of Selma was under terrific pressure?
Special Prosecutor Gayle: We object.
Attorney Hall: If your Honor please, we offer to prove
by this man’s statement that the Police Department was
under terrific pressure to find and apprehend the alleged
prowler.
The Court: That’s all right, go ahead and answer that.
The Witness: Yes, we were working extensively to ap
prehend the burglar.
Q. And you were under unusual pressure, sir?
A. Yes, we had not had anything like that before.
Q. Is it not true, sir, that you were assigned especially
to this particular case ?
A. No, no more than any other case.
Q. Prom the time this defendant was picked up, until
these alleged confessions had been obtained, you devoted
most of your time to this case?
A. Yes, until I talked with him on Sunday.
Q. And every day most of your time was given to ques
tioning this defendant?
A. No, I was other places on some of the days.
Q. He remained here Sunday and you talked with him
Monday for several hours?
A. Yes.
Q. And Monday afternoon, sir, you took him to Kilby
Prison ?
A. I talked to him about two hours Monday, and Mon
day afternoon we took him to Kilby Prison.
Q. How far is Kilby Prison from the City of Selma?
A. About fifty-five miles, I think.
Q. And you made the trip by automobile?
A. Yes.
Q. And you went over there several times?
A. Oh, yes.
Q. Driving over and talking to the defendant several
hours and driving back?
245
A. That’s right.
Q. And yon deny that yon questioned this defendant
nine hours, as this newspaper article purports you said!
A. Sure, I deny that.
Q. Did you deny that after this was written!
A. Yes, to the reporter.
Q. Did the paper at any time correct this statement, that
you know of!
A. I don’t know.
Q. Do you recall any correction!
A. No, I don’t recall any, but I don’t know whether they
did or not.
Q. Did you insist that that allegation be corrected!
A. No, I knew it was not true, and there was no reason
for me to insist.
[fol. 598] Q. Who did you say was present at the time
this statement was made, sir! The one contained in this
paper here!
A. The defendant; Mr. James Hare, the solicotor for
the State of Alabama; and Mr. Henry Reese; and Mr.
Burford, the warden of Kilby Prison; and Mrs. Chambliss
and Lt. Ware of our Department, and myself.
Q. And who witnessed this paper, sir!
A. Lt. Ware and myself.
Q. Both of you gentlemen are members of the City of
Selma Police Department!
A. That’s right, both members of the Police Depart
ment.
Q. Did anyone who is not a member of the Selma Police
Department witness this paper, sir!
A. I don’t think that they signed it, but they witnessed
the confession.
Q. Did they sign it!
A. No.
Q. Are any of their names on there! Any names other
than yours and Lt. Ware’s, both of the Selma Police De
partment, on there as witnesses!
A. No, not as a witness.
Q. Is there any handwriting on there identifying any
thing, other than yours!
A. Yes, AVilliam E. Fikes.
246
Q. With the exception of William E. Fikes, Lt. Ware
and Captain Baker?
A. That is all.
Q. What is it? Several loose-leaf sheets?
A. That’s right.
Q. How many sheets, sir?
A. One, two, three, four, five.
Q. How many loose-leaf sheets are there, sir?
A. Five.
Q. How are they held together?
A. With a paper clip.
Q. They are not stapled?
A. No.
Q. Not bound in any way?
A. No.
Q. Will you further identify that paper, with reference
to any caption?
A. Well, there is no caption on it.
Q. Is there the name of Mrs. Chambliss on it any place ?
A. No—I don’t think so.
Q. Will you examine it, please, sir, and tell us whether
or no it is there, sir?
A. (Witness examines each page) I don’t see Mrs.
Chambliss’ name.
Q. Is there any symbol, or are there any symbols there
which might indicate that some stenographer typed that?
A. No, I don’t see anything.
Q. Is there anything at all to indicate who typed it?
A. Other than I know.
Q. Anything on the paper itself?
A. Nothing on the paper itself. (Witness again examines
each sheet or page) I don’t see anything.
Q. And this is an ordinary G-em clip, sir, holding these
[fol. 599] papers together?
A. Yes, ordinary Gem paper clip.
Q. Captain Baker, certain numbers were written on
these pages with pen and ink. Ho you know who wrote
those numbers?
A. Oh, yes.
Q. You do know? Who wrote them?
A. I did.
247
Q. At what time, sir?
A. Prior to the signing of the name William Earl Fikes
on there.
Q. Is there any indication where those symbols or num
bers are written showing at what time they were written
and by whom?
A. No. I wrote them, I did it myself. I know my own
writing and I remember doing it.
Q. There are no initials?
A. No.
Q. And no time indicated?
A. No.
Q. Are there any other indications on those pages as to
the sequence?
A. No, they don’t have anything.
Q. Is there any typewritten number on there?
A. No.
Q. Is there any indication by Mrs. Chambliss indicating
which page came first and which second and so on?
A. No, I don’t see any. The only thing I see is the se
quence of the conversation. I remembered it, and she took
it down and typed it.
Q. Captain Baker, do you know Mrs. Chambliss’ quali
fications as a stenographer?
A. No, I don’t.
Q. Do you know whether or no she is acquainted with
shorthand and that she could transcribe it accurately, sir?
A. I can’t say whether she does or not. I saw her make
some symbols and take them to a typewriter.
Q. And whether or no she was accurately transcribing,
you don’t know, do you, sir?
A. Not from personal knowledge, but I imagine so from
the position she holds. All I know is the confession.
Q. As far as you know, sir, it might have been what
this defendant or anybody else said, what she was writing
on this paper?
A. I am sure it was what he said.
Q. But you couldn’t tell from looking at her shorthand
symbols ?
A. I don’t know. I didn’t look at them to see. I might
have been able to read them.
248
[fol. 600] Q. I direct your attention, sir, to this news
paper article which I recently mentioned to you and which
I quoted. This is a copy of the Selma Times-Journal dated
Sunday, May 24, 1953, and I ask the witness to look at it.
Will you observe this article here (handing paper to wit
ness and indicating article)?
A. Yes.
Q. What is the caption?
A. “ Negro Held At Prison Confesses Rape Guilt And
Other Raids Here” .
Q. And signed by whom?
A. Arthur Capell.
Q. Will you read this paragraph, please, sir (indicating
on paper)?
A. “ The Perry County negro,, who was picked up on
suspicion last Saturday night, broke down at six p.m. yes
terday and made his complete confession to Captain Wilson
Baker after a none-hour questioning session.”
Q. Now, you did give that information to Mr. Capell?
A. Mr. Capell was present in the office with Mr. James
Hare, as I have told you several times, and we did give him
a report that this defendant had made certain confessions.
But I did not, and no one in my presence told him that we
had a nine hour session.
Q. But it does appear here in the paper?
A. Yes, and I don’t know how it got there.
Q. And has it been retracted?
A. Not that I know of.
Q. And I believe that you testified previously that the
defendant’s father saw him at Kilby Prison at some time?
A. The defendant told me his father came on Sunday—-
[fol. 601] that he had talked with his father on Sunday
prior to signing this paper.
Q. What Sunday would that have been?
A. On the 24th.
_ Q- The 24th. So, as a matter of fact, sir, if he talked to
his father on the 24th., it was after you had told someone
that the defendant had confessed, isn’t that true, sir?
A. Oh, yes. Yes.
Q. It was afterwards?
A. Yes,
Q. And his father was not allowed to see him prior to
some alleged confession, isn’t that true, sir?
A. His father made no request of me to see him, and the
defendant didn’t request to see his father.
Q. Until after he had been in custody a week?
A. That’s the only time he made a request of me to see
him.
Attorney Hall: If your Honor, please, we don’t want to
impose upon the Court------
(There is a slight pause in the proceedings, while the
defense counsel consult together.)
Q. Captain Baker, are you familiar with the defendant’s
educational attainments ?
A. No. I believe he told me how far he went in school,
but I am not certain—I don’t remember.
Q. In your best judgment, how far did he go in school?
A. If I remember right, I believe he said he was in the
fifth grade in school.
Q. Fifth grade, sir? Do you recall testifying previously
as io what this defendant told you with reference to his
education ?
A. No, I don’t remember what I testified.
Q. But you did testify previously?
A. Yes, I did testify previously.
Attorney Hall: I don’t know if this should go in—this
is leading the witness, refreshing his recollection.
Q. Will you examine this, please sir, from here to here
(indicating), go back— (hands witnesss transcript of pre
vious trial of this defendant). That is your statement?
A. (Witness turns pages of said transcript) I guess so.
According to this, I testified to the third or fourth grade
To the best of my knowledge.
Attorney Hall: We would like for that to go in.
Q. After refreshing your recollection, you previously
testified that he had completed the third or fourth grade?
A. I said I thought he did. The best I remember, he told
me about the fifth grade—I don’t know what it was.
— —--'TJ." According to this statement. You say, “ He told
me” ?
249
250
[fol. 602] A. According to that, he told me he completed
the third or fourth grade. Or fifth, I don’t know.
Q. And that was your previous testimony with refer
ence to his education1?
A. Yes, that’s right.
Q. And has he told you anything different since that
time, sir?
A. Oh, I haven’t asked him anything further about it.
Q. Have you investigated further, sir, since that time?
A. No.
Q. So that at this time you have no reason to think that
he went beyond the third or fourth grade in school?
A. Only that is the way I remembered it, that’s all.
[fol. 603] Redirect Examination.
By Solicitor Hare:
Q. Mr. Baker, with reference to these five sheets of paper
shown to you previously and about which you have previ
ously testified, you say there are some typing, changes and
alterations, were those changes and alterations made before
or after the defendant signed that statement?
A. Before he signed it.
Q. As to his educational qualifications, can he read and
write ?
A. Oh, yes.
Q. Have you seen him read?
A. Yes, sir.
Q. Have you seen him write ?
A. Yes, sir.
Q. I ’ll ask you if those five sheets of paper, which you
have testified to, were given to the defendant to read?
A. Yes, they were.
Q. Did he read them?
A. He did.
Q. And I ’ll further ask you, Mr. Baker, if those five
sheets of paper were read to this defendant after he had
read them?
A. They were.
Q. Who read them to him?
A. I did.
251
Q. Anri I ’ll ask you, Mr. Baker, when did he sign those
papers ?
A. Immediately after he read them and I read them to
him, then he signed them.
Q. He had an opportunity to read them?
A. Yes.
Q. And he did read them?
A. Oh, yes.
Q. And you read those five sheets of paper to him?
A. That’s right.
Q. And it was then that he signed them?
A. Yes.
Q. Who was present at that time?
A. You, Mr. Hare, and Mr. Reese and Mr. Bur ford and
Mrs. Chambliss and Lt. Ware and myself.
Q. And that was where?
A. In the warden’s office at Kilby Prison in Montgomery,
Alabama.
Q. I will ask you to examine the back of those sheets
of paper, and can you tell me where that stationery came
from?
A. Yes, sir.
Q. Where did they come from?
A. State Department of Corrections and Institutions,
Montgomery, Alabama. J. M. McCullough, Jr., Director.
Q. Does it bear a seal or anything?
A. Bears the seal of Alabama, Great Seal.
[fol. 604] Q. And that was on each sheet of paper?
A. Yes, sir.
Q, Now, Mr. Baker, I ’ll ask you to examine each of those
sheets of paper and see if they bear any written signature.
A. (Witness examines each page) They do.
Q. And whose signature do they bear?
A. William E. Fikes.
Q. Is he the defendant in this case ?
A. He is.
Q. And when did he write his name on each of those
sheets of paper?
A. On that Tuesday, the 26th. of May, 1953. After they
were typed up he read them and I read them to him, and
he signed them.
252
Attorney Hall: We object to any voluntary statement.
The Court: Over-rule.
Solicitor Hare: He has already testified. I ’ll let the
thing ride.
Q. Now, Mr. Baker, you said that you talked with this
defendant on several occasions.
A. Yes, sir.
Q. On Sunday------
A. (Interrupting) Not on Sunday.
Q. On that Sunday that he was arrested?
A. Oh, yes, on the Sunday he was arrested.
Q. And on that Sunday he asked to talk to Mr. Jack
Townsend.
A. He did.
Q. And Mr. Townsend came over here.
A. Yes, sir.
Q. And on Monday he talked to Mr. Horne, his em
ployer?
A. Yes, sir, he did.
Q. And Monday afternoon you took him to Kilby Prison?
A. I did.
Q. Did you talk to him at all on Tuesday?
A. No, sir.
Q. When did you next talk to him?
A. On Wednesday.
Q. Now, when did you next talk to him?
A. On Thursday.
Q. On Thursday. Now, as to this particular conversa
tion you had with him on Saturday, that was Saturday,
May 23rd., is that correct?
A. That’s right.
Q. And who was there when you talked with him then ?
A. Mr. James Hare, you yourself, the Circuit Solicitor.
Q. How did you go to Montgomery that day?
A. You and I went together.
Q. Yes, sir, and approximately what time did we arrive
at Kilby Prison?
A. Around eleven-thirty or twelve o ’clock.
Q. Did you talk to that defendant any that morning?
A. About fifteen or twenty minutes, Mr. Hare, yes, sir,
Q. What time do they eat dinner over there?
253
A. Around eleven-thirty or twelve.
[fol. 605] Q. Did this defendant have an opportunity to
eat his meal at the regular scheduled hour over there!
A. Yes, sir; yes, sir.
Q. And did you talk to him any after dinner!
A. Yes, sir.
Q. What time do they feed over there in the afternoon!
A. Around four o ’clock in the afternoon.
Q. Did this defendant go to eat his meal at the regular
time over there!
A. He did, yes, sir.
Q, Did you talk to him after that?
A. Yes, sir.
Q. How long?
A. About an hour after lunch, to the best of my knowl
edge.
Q. What time did we leave Kilby Prison that night?
A. Around 5:45 or six o ’clock.
Q. Shortly after six o ’clock?
A. Yes, sir.
Q. And did you ever make a statement or did I make a
statement to Mr. Capell in your presence that this defend
ant had been grilled for nine hours?
A. Not to my knowledge.
Q. Was he at any time grilled for nine hours?
A. No, sir, he was not.
Q. Now, Mr. Baker, these several conversations that you
had with him, was there only one matter under investiga
tion at that time?
A. No, sir.
Q. Do you know how many were?
Attorney Hall: If your Honor please, we object to any
reference to any other investigations.
Solicitor Hare: I withdraw that.
Q. I will ask you, rather, had there been more than one
complaint received by your department at that time?
A. Yes, sir.
Q. Were there a few complaints or numerous com
plaints ?
A. Oh, numerous complaints.
254
Q. Mr. Baker, I will ask you to examine those sheets
of paper (hands confession to witness), and I will ask you
if that document is a true and correct transcription of a
conversation had with William Earl Fikes on the occasion
referred to?
Attorney Hall: We object to that on the grounds he
can’t testify as to whether or no that is a true and correct
copy. His own testimony indicates that he did not take
down the shorthand symbols.
Solicitor Hare: I withdraw that question.
Q. And I will ask you to look those documents over and
tell me if that is a true and correct and exact transcription
of what you read to William Earl Fikes on that occasion
[fol. 606] that you have testified to?
A. It is.
Attorney Hall: We object to the answer, and move that,
the answer be stricken from the record. And, your Honor
we would like to make a motion at this time. In view of
the fact that so many voluntary statements have been made
made by this witness we move this Court that the jury be
excluded until this pupei' is proveil.'T
Attorney Hall: We reserve an exception.
Q. I will ask you to examine those documents and tell
me if they are a true and correct and exact transcription
of what was handed to William Earl Fikes for him to read
on that occasion?
A. It is.
Q. And I will ask you if those documents are a true,
correct and exact transcription of what William Earl Fikes
signed on that occasion?
A. It is.
Solicitor Hare: May it please the Court, the State at
this time offers in evidence as State’s Exhibit No. 1, docu
ment consisting of pages numbered one through five, bear
ing the Alabama Great Seal on the reverse thereof and
typewrtten contents on the face thereof, and each and every
page thereof bearing the signature of William E. Fikes.
Attorney Hall: If your Honor please, we object to its
255
being received in evidence on the following several grounds
—before making this objection, sir, and before the Court
rules, we would like to examine this witness on voir dire.
Recross Examination.
By Attorney Hall:
Q. Captain, I want you to look at these documents or
pages again. Is there any indication on any one of those
pages as to when they were purportedly executed or writ
ten?
A. No dates.
Q. No date at all. Sir, is there any reference to any day,
week, month or year anywhere on those pages as to the
date of the execution of the paper?
A. No, no. Not that I know of.
Q. So that you could not look at this paper or any one
of these pages and tell when they were written?
A. Yes, I can look at these pages and know when they
were written.
Q. But there is no date.
A. No, no date. No date.
[fol. 607] Q. And if you didn’t know yourself, you
couldn’t look at the pages and tell.
A. No, I couldn’t tell.
Q. And we would like to ask you further, you testified
that the name William E. Fikes is written on each of those
pages.
A. William E. Fikes, William E. Fikes, William E.
Fikes, William E. Fikes, William E. Fikes. (Witness read
above names page by page, the same name appearing on
each page.)
Q. Take page 1, is there any witness on that signature?
A. No.
Q. Is there any indication as to when that was written in
point of time?
A. No, no.
Q. Now, can you put it back with the other pages? Is
that easily done?
A. Yes, sir.
256
Q. Can you look at page 2? Take it loose. Is there a
witness to that signature?
A. No, it is not witnessed.
Q. Any indication as to who wrote it or when?
A. No indication on here.
Q. Take page 3 away, sir.
A. This is 3.
Q. Is there any indication at all when that was written,
sir?
A. No, no date on it.
Q. Any witnesses names on there?
A. No. No.
Q. On page 4, any indication as to when that was writ
ten?
A. No.
Q. Any witnesses names on it?
A. No, only William E. Fikes.
Q. That is who purportedly executed it?
A. That’s right.
Q. And that is the defendant, sir?
A. Yes.
Q. And he was at that time in the custody of Kilby Pri
son at that time?
A. I guess so.
Q. On page 5, is there any indication when that was
written?
A. No, no date.
Q. You have all of those pages aloose?
A. That’s right.
Q. And you testified that Mrs. Chambliss typed those
pages up?
A. Yes, she did.
Q. Did she put any number or symbol on them to indi
cate which was first and which second?
A. No, I was there and I knew.
Q. I ask you, sir, if Mrs. Chambliss put any indication
on them?
A. No.
Q. But there is an indication as to which came first and
which second and so forth?
A. Yes.
25?
Q. Who put them on!
A. I did.
Q. If they were not on there, sir, you couldn’t tell, could
[fol. 608] you, unless you knew, or if there were further
and other pages?
A. I think I could.
Q. Is there any indication on there of how this conversa
tion started?
A. Oh, yes.
Q. Is there any statement or anything indicating that
they are now beginning the conversation? Anything indi
cating this was the beginning, or could it be there were
several pages preceeding?
A. There weren’t.
Q. But is there anything on this sheet indicating that?
A. There weren’t. I know.
Q. But there could have been?
A. We didn’t make any and so there couldn’t have been.
Q. There could be several intervening sheets? They are
not bound together permanently.
A. She typed them and I numbered them.
Q. You, yourself, numbered them?
A. Oh, yes.
Q. Now, when you testified before as to alterations, there
are several words x-ed out in their entirety?
A. There is one, yes.
Q. And from all indications, it is a word of five letters,
is it not, sir?
A. No, there seems to be a skip.
Q. There are five x-es?
A. Oh, yes, five x-es.
Q. And those x-es are over something?
A. Not all of them. One of them, is not over anything.
Q. Well, there may be two words, but there are five x-es?
A. I can’t tell what is under them. Yes, there are five
x-es.
Q. And all right together?
A. That’s right.
Q. I direct your attention to page four. And on that
page, sir, I direct your attention to here (indicating), after
the period here, there is a word x-ed out in its entirety.
17—53
258
A. Two words.
Q. Two words?
A. Yes, I can read them under there.
Q. But they are x-ed out?
A. x-ed out, that’s right.
Q. How many x-es are there altogether at that one place,
sir?
A. One, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve.
Q. There is another word x-ed out in the middle of this
sentence (indicating) ?
A. That’s right, that’s right.
Q. And three x-es are there?
A. That’s right.
Attorney Hall: If your Honor please, we nowT object
to the introduction in evidence of this alleged whatever
it is, sir—this paper, these five separate sheets of paper
bound together with a Gem clip—on the grounds they have
not been properly identified, sufficient predicate has not
[fol. 609] been laid, it has not been shown who executed
them, and the paper does not indicate when it was executed,
and there is no way in the world to tell whether this is the
entire whatever it purports to be or not, sir, and that it is
incompetent for any purpose; and on the grounds that
whatever statements may or may not be on this particular
paper were extorted from him under duress because of
violence, threats of violence, incarceration in the peniten
tiary and in the City jail, constant questioning—it has been
indicated that some of the questioning went as long as nine
hours—and that it serves no purpose and is illegal; and that
it was taken from this defendant, if taken at all, in viola
tion of all of his rights under the laws and constitution of
the State of Alabama and under the Fourteenth Amend
ment to the constitution of the United States, and that he
suffered a loss of equal protection of law as guaranteed to
him under the constitution of our State and the Fourteenth
Amendment to the constitution of the United States of
America.
The Court: Over-rule your objection.
Attorney Hall: We take an exception, your Honor.
The Court: It is in, and you have an exception.
(Above described five sheets of paper accepted in evi
dence as Plaintiff’s Exhibit 1. Said Exhibit is now copied
into this transcript and also sent to the Supreme Court
as original evidence for its inspection.)
P l a in t if f ’s E x h ib it 1
Solicitor: Now you are William Earl Pikes?
Yes sir.
Solicitor: You are 27?
Yes sir.
Solicitor: Where were you born?
I was born in Sprott that’s in Perry County.
Solicitor: You live there most all your life?
No sir, live in Marion.
Solicitor: You were living there when you were ar
rested?
[fol. 610] Yes, sir.
Solicitor: Now Saturday William you remember Mr.
Baker and I talking to you on Saturday. What time did
we start talking to you Saturday.
I don’t know exactly what time it was when you were
talking to me about 11:00 A. M.
Solicitor: Not more than eleven before we started talk
ing to you. Then we talked to you some Saturday after
noon.
Yes, sir.
Solicitor: How long did we talk?
Three or four hours or longer.
Solicitor: You had supper Saturday, what time did you
eat?
I don’t know what time I eat supper.
Solicitor: What time did you feed Mr. Burford, supper
period?
Burford: 4:30 P. M. or 5:00 P. M.
Baker: It was about 4 :30 P.M. when you were fed. Then
after you eat your supper we got the machine out and took
down what you said.
Yes, sir.
Baker: That was about 5 :00 P. M. Is that right?
Yes sir.
260
Baker: Since you have been arrested William, has any
one mistreated, beaten or threatened you?
No sir.
Baker: Were you mistreated in jail in Selma, have you
been mistreated since you have been over here?
No sir.
Baker: Sunday some of your folks came over here and
talked to you Sunday. Have you been mistreated over
here?
No sir.
Baker: William has anybody promised you any thing
since you have been over here?
No sir.
Baker: Has any body got made at you, cussed you or
fussed at you?
No sir.
Baker: William tell me in detail, the night of the week,
whether it was raining or not, the night you came in
Selma from Marion, when you went into the house wherev
the two children were. Do you remember the night of
the week it was?
On /riday night.
Baker: Where did you leave the car, or truck?
[fol. 611] It was a truck. I left it by the Buckeye Oil Mill.
Baker: You walked up to the white residents section?
Yes sir.
Baker: Why did you pick out this particular house,
William?
I was just walking through there and saw a light.
Baker: How’ did you get into the house?
I took a piece of wire and unfastened side screen, it was
a window.
Baker: Where did you get the wire from?
Off of the back of house, it was a little piece of clothes
line.
Baker: You got the wire and opened the screen window?
Yes sir.
Baker: How many holes did you make in the screen?
Two.
Baker: Two holes in the screen ?
Yes sir.
261
Baker: Did you wind the little piece of wire up?
I bent it crooked so it would unhook the screen.
Baker: Have I showed you the piece of wire since you
were arrested?
Yes sir.
Baker: Was it the same piece of wire used in opening the
screen ?
Yes sir.
Baker: Are there any steps on the side of the house
near the window?
Yes sir under the window, little brick steps.
Baker: Did you have to stand on the bricks to reach
the window?
Yes sir.
Baker: After you unfastened the screen, what happened?
I went around and unhooked a chain latch on door.
Baker: Did you open the door and leave it open?
No, sir, I just unfastened it.
Baker: Did you get any thing out of the kitchen ?
Yes, sir, a knife.
Baker: What kind of knife?
Butcher knife.
Baker: Regular butcher knife like you use in a kitchen.
Yes sir.
Baker: What did you do then William ?
[fol. 612] I went on up through the kitchen into the bed
room.
Baker: Now William the window you went into the
house, was it a bedroom?
Yes sir.
Baker: Do ahead, what was in that room?
A little child in bed.
Baker: Did you touch or bother this child in any way?
No sir.
Baker: After you got the knife out of the kitchen you
went back into the bedroom where the ladj ̂was?
Yes sir.
Baker: How many persons were in the room?
Lady and little child.
Baker: Was the child in bed with the lady?
No sir in another little bed or crib beside the bed.
262
Baker: What did yon do William ?
I made attempt to get down across the bed.
Baker: Did yon have the knife in yonr hand?
Yes sir.
Baker: What happened then ?
She woke np and pushed me off and she tussled with me
into the living room.
Baker: Was there a light in the bedroom?
There was one on in the kitchen, yes sir there was one
on in the bedroom.
Baker: You tussled out of the bedroom into the living
room?
Yes sir.
Baker: That is, you were tussling with the white lady?
Yes sir.
Baker: What happened after you got to the living room
William, tell exactly what happened.
I fell over a coffee table, stool or something.
Baker: Did the white lady fall too ?
Yes sir.
Baker: What did you say to her when you fell while
you were down on the floor? Tell us what you said.
I told her to open her legs and give me a little.
Baker: Did you have the knife in your hands?
Yes sir.
Baker: Which hand did you have the knife in William?
Left hand.
Baker: Are you left handed William?
Yes sir.
Baker: Did you hold the knife up over her when you
told her to spread her legs William? Just go ahead and
tell us what happened.
I held the knife over her and she tussled it out of my
hand and I got up and run out of the house,
ffols. 613-616] Baker: When you got up and left William
and run out of the house William did the white lady chase
you?
Yes sir, part of the way.
Baker: Did she chase you as for as the kitchen?
Yes sir.
Baker: When you left the house, did you go out of the
263
same door you first unfastened when entering the house!
Yes sir.
Baker: William you wTent into this house looking for a
white lady!
Yes sir.
Baker: You went into that house to have intercourse
with a white lady!
Yes sir.
Baker: When you got back into the bedroom with this
white lady, do you remember how she was dressed!
She had on pajamas.
Baker: About what time of night was that, do you re
member !
About 11:00 P. M. or after.
Baker: William what you are telling me the lady over
here is writing it down and you are telling the truth!
Yes sir.
Baker: How -ere you dressed that night!
I had on khaki work clothes and work shoes.
Baker: And you worked at a service station in Marion!
Yes sir.
(S.) William E. Fikes.
Witnesses: J. Wilson Baker, W. M. Ware.
[fo l. 617] M bs. D eloris S tenson , being du ly sw orn, testi
fied as fo llo w s :
Direct Examination.
By Solicitor Hare:
Q. What is your name!
A. Deloris Stenson.
Q. Are you married!
A. Yes, sir.
Q. You are Mrs. Deloris Stenson!
A. Yes.
Q. Where do you live!
A. 216 Alabama Avenue.
Q. How long have you lived in Selma!
264
A. Since last September.
[fols. 618-625] Q. And in March of this year, where were
yon living!
A. On First Avenue.
Q. On First Avenue. That was in the City of Selma!
A. Yes.
Q. And where did you live on First Avenue!
A. Eleven-ten First Ave.
Q. Eleven-ten. Where is that house located!
A. On the right side of First Avenue, right off of Broad.
Q. Do you know where it is located with reference to
Brown Drug Company!
A. Yes, it is UP east.
Q. It is east from Brown Drug Company!
A. Yes.
Q. On which side of the street is Brown Drug Com
pany!
A. On the left-hand side going up Broad.
Q. And you lived on First Avenue, just off of Broad
Street!
A. Yes.
Q. Mrs. Stenson, do you know the defendant in this
case, William Earl Fikes!
A. Yes.
Q. When did you first have occasion to see him!
A. He was in my room.
ffols. 626-627] Mrs. Claude B ineord, being duly sworn,
testified as follows:
Direct Examination.
By Solicitor Hare:
Q. What is your name, please!
A. Mrs. Claude Binford.
Q. Where do you live, Mrs. Binford!
A. 724 Parkman.
Q. 724 Parkman Avenue, and were you living there in
May of this year?
265
A. That’s right.
Q. And have you lived there for sometime pass!
A. Yes, sir.
Q. And you are living there now.
A. That’s right.
Q. Mrs. Binford, I will ask you if you know the defendant
in this case, William Earl Fikes!
A. Yes, sir.
Q. When did you first have occasion to see him?
A. May 1, about twenty minutes to eleven.
[fol. 628] Redirect Examination.
By Solicitor Hare:
Q. Mrs. Binford, you stated that you saw this defend
ant, William Earl Fikes, in your home on May 1, 1953.
Was that in the day time or night time?
A. Twenty minutes to eleven at night.
Q. Twenty minutes to eleven at night. And what part
of your house did you see him in?
A. In the bathroom.
Q. How long did he stay in your house?
A. I would say about seven minutes.
Q. About seven minutes. Did he leave your house!
A. He sure did.
Q. How?
A. Out the window.
Q. What kind of window was that?
A. Very small bathroom window.
Q. And when was the next time, if any, that you saw this
[fols. 629-630] defendant, Mrs. Binford?
A. On May 18, on Sunday afternoon.
Q. On Sunday afternoon, May 18. And where did you
see him?
A. At the court house—I mean the City building.
Q. And where was he when you first saw him there?
A. He was in a line of about seven or eight men.
Q. Were they whites or negroes?
A. Negroes.
Q. And did you identify him in that line-up?
A. I picked him out of the line.
2 6 6
Q. And the person you picked out of the line is this de
fendant here, William Earl Fikes?
A. Right.
Q. And he is the same person you saw in your bath
room on the night of May 1, 1953!
A. Yes, sir.
Solicitor Hare: That’s all.
Recross Examination.
By Attorney Hall:
Q. Mrs. Binford, when you first saw this defendant, did
he have on a mask or anything?
A. No, he didn’t.
Q. You saw him full face?
A. Yes, I did. I saw him.
[fol. 631] W. D. B ailey , being duly sworn, testified as
follows:
Recross Examination.
By Attorney Hall:
Q. Mr. Bailey, you were one of two police officers who
[fol. 632] arrested this defendant, were you not, sir?
A. Yes, sir.
Q. And you recall the occasion of the arrest?
A. I do.
Q. What were the circumstances, sir?
A. Just placed him under arrest for investigation.
Q. How was it he was called to your attention, sir?
A. We had a call to this service station where he was at.
Q. From whom?
A. Radio operator.
Q. Where were you at the time you got the call?
A. In east Selma in a police car.
Q. Cruising in east Selma, is that right?
A. Yes.
Q. And you got a call from the radio station of the
Police Department of the City of Selma. Do you recall
what that order was at that time?
A. To see a party at Deason’s Service Station on Broad
Street.
Q. Did it name the party, sir!
A. No, it didn’t.
Q. And you proceeded forthwith to Deason’s Service
Station on Broad Street?
A. That’s right.
Q. When you got there, what did you find?
A. We found three white fellows and one negro—three
or four white fellows.
Q. Where did you see the negro?
A. Sitting on the back seat of the car.
Q. And the negro was this defendant?
A. Yes, sir, that’s right.
Q. What was he doing?
A. Sitting on the back seat of the car.
Q. Who were the three white men?
A. Mr. Jake Youngblood was one, and I disremember
the others.
Q. What did you do?
A. Dot out of the police car.
Q. What did you do then?
A. Walked to the side of the car and placed this boy
under arrest.
Q. Why?
A. Because we had a call to pick him up.
Q. As I understood you, sir, your first answer was your
call was to proceed to Deason’s Service Station and see
about it. Did that mean to pick the defendant up, sir?
A. That’s right.
Q. That was what your call meant?
A. Yes.
Q. Was he breaking any law when you saw him?
A. Not at the time, no.
Q. Did you see him break any law?
A. No.
Q. Did you have any reason to believe he had broken
any law?
A. Yes.
267
2 6 8
Q. You did have reason, sir? How!
A. From the man that told me.
Q. Who was that?
A. Mr. Jake Youngblood.
Q. What did he tell you?
A. He asked us to take him in custody.
Q. Now, Mr. Jake Youngblood was not at that time a
[fol. 633] member of the Selma Police Department, was he!
A. Don’t know.
Q. In your best judgment, was he?
A. I wouldn’t say.
Q. Have you ever seen him in uniform?
A. No.
Q. Have you ever seen him in the uniform of a police
officer of the City of Selma?
A. No.
Q. How long have you been a policeman, sir?
A. Three years.
Q. Three years. Have you ever known him to be a
policeman of the City of Selma since you have been there?
A. No, I haven’t.
Q. So, in your best knowledge, at the time he asked you
to pick him up he wasn’t a policeman.
A. I wouldn’t know. I wouldn’t know whether he was
or not. He could have been a detective, so far as I know.
Q. Was he a detective, sir?
A. Not as far as I know. I don’t know.
Q. But you did pick him up at the request of this Mr.
Jake Youngblood?
A. Yes, sir.
Q. Did you take him before a magistrate?
A. I carried him to the police station.
Q. When you got him there, what did you do?
A. We booked him.
Q. Booked him on what charge, sir?
A. On investigation.
Attorney Hall: That’s all.
269
Redirect Examination.
By Solicitor Hare:
Q. Mr. Bailey, did you have any conversation with Mr.
Jake Youngblood at Deason’s Service Station on the occa
sion that you arrested this defendant, in the presence and
hearing of this defendant!
A. Yes, sir.
Q. What did Mr. Youngblood tell you!
A. He told us he had------
Attorney Hall: (Interrupting) If your Honor please, we
object to his answering this question. It is purely hear
say.
Mr. Youngblood is not in this Court and we have no
opportunity to cross-examine Mr. Youngblood.
The Court: Over-rule your objection.
Attorney Hall: We take an exception, sir.
Q. What did he say!
A. He stated to us that he found the boy wandering
around in the alley beside his house and he brought him to
the service station.
Q. Yes, sir, and do you know what alley that is!
A. I understand it is the alley that runs between his
house and the service station.
Q. Are there residences in that section!
A. Yes, sir.
[fols. 634-639] Q. Are they white or negro residences?
A. White.
Recross Examination.
By Attorney Hall:
Q. That is a public alley, isn’t it, sir?
A. I don’t know.
Q. Do you know it to be a private alley?
A. I don’t know.
Q. You don’t know whether it is public or private?
A. No, I don’t.
270
Q. And that alley is how far from the colored Masonic
Building?
A. Approximately a block and a half.
Q. I see. And that alley is located where, sir? Between
what streets?
A. Between Broad and Lauderdale.
Q. Broad and Lauderdale. And near what cross-streets,
sir?
A. Jeff Davis.
Q. Between Broad and Lauderdale, near Jeff Davis.
A. That’s right.
Q. And Jeff Davis is how far from the colored Masonic
Building ?
A. About a block and a half.
Q. And the closest negro is a block and a half away?
A. About a block and a half.
Attorney Hall: That’s all.
Redirect Examination.
By Solicitor Hare:
Q. What time was it when you received the call?
A. We received the call at 12:08.
Q. Was that in the day time or night time?
A. Night time.
Q. You mean eight minutes after midnight?
A. Yes, sir.
Recross Examination.
By Attorney Hall:
Q. Was there any curfew on at that time, Mr. Bailey?
A. Not as I know of.
Q. Was there any law of the City of Selma that anybody
could not walk down a public alley after twelve o ’clock?
A. I don’t know.
Q. Had you picked up several persons and held them
for investigation, as a result of some alleged burglaries?
A. Yes, sir.
271
[ fo l. 640] T homas H. H obne, being duly sw orn, testified
as fo llo w s :
Direct Examination.
By Attorney Hall:
Q. State your name, please, sir.
A. T. H. Horne.
Q. Where do you live?
A. Marion, Alabama.
Q. What county? Is that in the State of Alabama?
A. Yes,
Q. And in what county?
A. Perry, County.
Q. How long have you lived there, sir?
A. Since ’38.
Q. Are you a native of Perry County, sir?
A. Yeah.
Q. Have you lived in Perry County, Alabama, all of your
life, sir?
A. No.
Q. What portion of your life?
A. Prom approximately ’30 to ’38 I lived away.
Q. Where, sir?
A. Hale County.
Q. Is that in the State of Alabama, sir?
A. That’s right.
Q. So that all of your life you have lived in the State of
Alabama, is that right, sir?
A. That’s right.
Q. Now, what is your business, Mr. Horne?
A. Insurance.
Q. And how long have you been in the insurance busi
ness, sir?
A. About two years.
Q. Mr. Horne, I will ask you what was your business in
April and May of 1953, sir?
A. Service station, motor court and insurance business.
Q. So you were operating a service station and motor
court in addition to your insurance business in April and
May of 1953.
A. That’s right.
Q. Where was that service station located!
A. Marion, Alabama.
Q. Marion, Alabama. Mr. Horne, do you know this
defendant here!
A. I do.
Q. State his name, please, sir.
A. William Earl Fikes.
Q. Was he ever in your place, sir!
A. He was.
[fol. 641] Q. Has he worked for you, sir!
A. He did.
Q. Was he working for you in April and May of 1953,
sir!
A. He was.
Q. How long had he worked for you at that time!
A. I don’t remember exactly.
Q. In your best judgment, sir.
A. Approximately two or two and a half years.
Q. I see. WTould you say that he had worked for you
from sometime in 1951 until he was picked up by the
Selma police!
A. That would be approximately.
Q. Approximately. But no later than 1952!
A. That’s right.
Q. During all of 1953, from January until the time he
was picked up by the Selma police, he was in your employ!
A. He was.
Q. How long have you known this defendant, sir!
A. Since ’38.
Q. Since 1938. Do you know his general reputation in
the community in which he lives!
A. Which------!
Q. I withdraw that. Does he live in Marion, Alabama,
sir! Or did he live there prior to his arrest!
A. He did.
Q. And he has lived in Marion, Alabama, all of the time
that you have known him, is that right, sir!
A. That’s right.
Q. Do you know his general reputation, sir, in the com
munity in which he lives!
273
A. It was good.
The Court: Answer yes or no. Do you know it! Do you
know his reputation in the community in which he resides ?
The Witness: Yes, sir.
Q. Do you know it, sir? His general reputation in the
community in which he resided, prior to his arrest!
A. Part of the time that I knew him he was gone.
Q. Do you know his general reputation in the community
in which he resided prior to his arrest?
A. Yeah.
Q. Was it good or bad, sir, prior to his arrest?
A. It was good.
Q. What was the nature of his employment with you,
sir?
A. The nature? The type work?
Q. Yes, sir. What kind of work did he do?
A. Worked in the service department.
Q. And will you explain just what that entails, sir?
A. Washing windshields, brushing out floor boards,
washing and greasing, and general cleaning.
Q. Would you say general service station duties, sir?
A. Yes.
Q. Now, what time of day did he usually come to work,
sir?
[fols. 642-656] A. Seven o ’clock in the morning.
Q. And what were his hours after that?
A. Normally he was there until nine or ten at night.
Q. Until nine or ten at night.
A. Until I told him he could leave.
Q. And as a general rule that would be nine or ten
o ’clock at night?
A. That’s right.
Q. How far is Marion from Selma, sir?
A. It ’s twenty-eight miles.
Q. Sir, do you drive that distance often?
A. Quite often.
Q. And do you drive at a normal rate of speed?
A. Yeah.
18—53
274
Q. Approximately how long does it take you to drive that
distance?
A. Thirty-five or forty minutes.
Q. Did he have any off days, sir?
A. Yes.
Q. What were they?
A. Every other Sunday.
Q. He wasn’t off any other day except Sunday, is that
right, sir?
A. That’s right.
Q. Was this true in April and May of 1953, sir, and dur
ing the entire course of his employment?
A. Entire course of employment.
Q. Did he from March 1, 1953, up until the time he was
arrested have any nights off, other than Sunday?
A. No, not in working hours.
Q. Mr. Horne, do you recall whether or no this defend
ant failed to report for work at any time in 1953, prior to
his arrest?
A. He did not.
Q. He reported every day that he was supposed to work
in 1953, before he was arrested?
A. That’s right.
Q. You are positive of that?
A. Positive. One exception, when he was sick. He was
burned, scalded all over.
Q. Do you recall the approximate date? Was that in
April or May of 1953?
A. I don’t recall the date. The doctor will give you that.
Q. But it was not in April or May, was it, sir, in your
best judgment?
A. I can’t answer that. I don’t recall.
Q. But he wras burned and scalded all over at that time
and under the care of the doctor?
A. He was in bed all of that time.
Q. How long was he off at that time? Do you recall, sir?
A. Approximately four days.
Q. But that was the only time he failed to report for
work?
A. That’s right.
[fol. 657] B eady B ambukg, being duly sworn, testified as
follows:
Direct Examination.
By Attorney Hall:
Q. Will you state your name, please, sir?
A. Brady Bamburg.
Q. Where do you live?
A. Marion.
Q. How long have you lived in Marion?
A. About twenty years.
Q. Were you living there in April and May of 1953?
A. That’s right.
Q. And what was your occupation at that time?
A. I was working at the Pan-Am filling station, general
manager of the filling station.
Q. Which filling station was that, sir ?
A. Horne’s Pan-Am.
Q. Is that the filling station which Mr. Thomas H. Horne
had ?
A. Yes.
Q. And Mr. Thomas H. Horne was the owner of that
station at that time?
A. Yes.
Q. Do vou know the defendant?
A. I do.
Q. State his name, please, sir.
A. William Earl Pikes.
Q. How long have you known him, sir?
A. I knew him since about August of ’52.
Q. You were manager of the filling station at which
William Earl Fikes was working at the time of his arrest
in this cause?
A. That’s right.
Q. It is the same filling station operated by Mr. Horne?
A. That’s right.
Q. I believe you testified that you were the manager of
this filling station. Tell the Court what your duties were as
manager in April and May, 1953.
275
276
A. Either to do it, or see that it is done, the things that
were to be done there. Catch the cars at the front and the
ones that came there for service.
Q. To do everything, or see that it was done?
A. Yes, sir.
Q. How regularly did you work, or did you have off
days?
A. We closed every Sunday afternoon, and didn’t have
any off days at all.
Q. With reference to hours per day, what time did you
go to work?
A. About eight in the morning.
Q. And how late did you stay!
A. From ten-thirty to eleven.
[fol. 658] Q. Why did you stay so late?
A. We didn’t have any certain time to close, just when
business quit coming.
Q. You never quit early?
A. Ten-thirty was standard closing time.
Q. That is every day except Sunday?
A. Yes.
Q. And you worked every day?
A. Yes, sir.
Q. Do you recall being off any Friday in March, April or
May, 1953?
A. No, I don’t. I work every day.
Q. With the exception of Sunday?
A. W e’re open Sunday mornings.
Q. Now, you work every night, too, of course, until clos
ing time?
A. Yes.
Q. Would there be any nights when you wouldn’t be
present and Mr. Horne would be there at closing time?
A. No, there wouldn’t be. If any time I got off, maybe
in the afternoon or sometime in the morning, but I never
did take off any time at night.
Q. Will you tell this Court and jury what hours this de
fendant worked?
A. His time was from seven in the morning, and no cer
tain time at night, just whenever convenient for him to
leave, but Ms hours was up at 8 :30. And lots of time he
would stay until business quit and I left.
Q. Did he stay on more time than he left at 8 :30 ?
A. That’s right.
Q. Can you tell the Court what time he usually left!
A. During the week and the first part of the week, he
generally left around 8:30 or nine o ’clock; and during the
latter part of the week there was a lot of traffic and he
stayed on later Thursday, Friday and Saturday. Thurs
day, Friday and Saturday he stayed on until nine and ten
o ’clock.
Attorney Hall: If the Court please, may we have a few
minutes, sir?
The Court: We will take a ten minutes break.
(Court stands in recess a few minutes, then trial is
resumed.)
Q. Mr. Bamburg, I believe you just testified that on the
week-ends with reference to time worked, Willie worked
the latest hours?
A. That’s right.
Q. Beginning on what day in the week, did you say?
A. Thursday afternoon and Friday, that’s the biggest.
Q. Friday was your heaviest day, is that right, sir?
A. That’s right, Friday and Saturday.
Q. Did he ever leave Friday or Saturday?
A. I don’t recall that he did.
Q. What would be the approximate time that he would
leave on Frday?
[fols. 659-661] A. Generally from nine-thirty on until I
closed. Lots of times he would stay until I closed.
Q. Generally what time did you close on week-ends?
A. It was bad on week-ends. It would be ten-thirty and
sometimes eleven and even later.
Attorney Hall: If your Honor please, we are going to ask
this Court to take judicial notice of the fact that April
24, 1953, fell on Friday. The calendar shows it, sir.
The Court: Yes. The Court takes judicial knowledge
that April 24 fell on a Friday,
277
278
[fol. 662] Cross Examination.
By Special Prosecutor Gayle:
Q. Mr. Bamburg, were you with this boy all the time?
At night and in the day, too?
A. I was with him there at the station the hours we
worked.
Q. After that, were you with him at night ?
A. No, sir.
Q. When he left the station, you don’t know where he
went, do you?
A. No, sir.
Q. Do you know whether he had a truck hid out in
another county? Of your own knowledge.
A. No, sir.
Q. Do you know yourself whether he had a truck in this
county—in this county?
A. I do know he was not financially able to own it.
Q. Do you know what his people have?
A. I have a pretty good idea.
Q. How much money does his father have in the bank
now?
A. I don’t know.
Q. You have no idea, do you?
A. No, sir.
Q. He could have had $5,000.00 in the bank and you
wouldn’t know it, would you?
A. I wouldn’t know it.
Q. And yet you just stated that you knew all about his
circumstances and his family’s circumstances. Didn’t you
just state that to the jury?
A. I stated what I knew.
Q. And you don’t know what they had, do you?
A. No, sir.
Q. Then you don’t of your own knowledge know whether
he owned a truck at that time, do you, sir? Of your own
personal knowledge.
A. No, sir, I don’t know whether he did away from there
or not.
Q. You don’t know. How long did he work there with
you, Mr. Bamburg?
279
A. The whole time I was there. I was there from about
August, up until the time he------
Q. (Interrupting) August of what year!
A. That would be August of ’52.
Q. From about August, 1952, until what time!
A. Until he was caught down here.
Q. When was he caught! Caught down here.
A. I don’t know the exact date.
[fol. 663] Q. But you can remember, you are positive,
that on the first day of April he owned an automobile.
A. The reason why I knew was---- -
Q. (Interrupting) I didn’t ask you why. Are you posi
tive or not on the first day of April!
A. I didn’t say the first day of April.
Q. How far will you go!
A. I wouldn’t say later than the tenth.
Q. And you are telling this jury on every night, Friday
and Saturday nights, that he never left that filling station
between the hours of nine and ten. Is that right!
A. No, sir.
Q. You are positive of that! Not a night! Were you
there every night!
A. I was there.
Q. All right. Then when Mr. Horne was there, were
you there with him!
A. Practically all the time. There were times he wouldn ’t
be there.
Q. And times you wouldn’t be there!
A. Yes, sir, I was there at night.
Q. You were there every night!
A. That’s right.
Q. And for that period of time there wasn’t a single
time he left there before nine o ’clock on a Friday or Satur
day night!
A. I ’ll say that, yes, sir.
Q. And you looked at the clock every night when he
left!
A. No, sir, I didn’t say I looked at the clock.
Q. Did you look at the clock!
A. I had a pretty good idea. I had a watch.
Q. Then you don’t know of your own knowledge!
280
A. When you look at your watch every few minutes, you
generally know.
Q. Did you look at your watch every few minutes every
night ?
A. When it was getting close to closing time, I ’d look
every ten or fifteen minutes.
Q. You didn’t look at your watch at twenty minutes of
nine and Willie was gone?
A. No, sir.
Q. Did he ever leave there at nine-thirty?
A. When nine-thirty come or any time after that that
he wanted to go, it was up to him.
Q. Didn’t you testify that he could get off at eight-
thirty?
A. That’s right, the first of the week, when business was
slack.
Q. And you never had a slack week-end? It was always
real busy?
A. It was pretty busy. As a rule.
Q. Did you have any—ever have any that wasn’t good?
A. We did have some that weren’t good.
Q. On March 18, 1953, what time did he leave that place?
A. I don’t remember the hour of that night.
[fol. 664] Q. Well, would you say it was nine o ’clock or'
was it ten o ’clock?
A. I wouldn’t say it was before nine.
[fol. 665] Redirect Examination.
By Attorney Hall:
Q. Mr. Bamburg, when you say you talked to him, do
you mean you asked him questions and told him to do some
thing ?
A. Yes.
Q. You don’t mean that you had a conversation with
him?
A. I don’t recall that I did.
Q. You would instruct him in some part of his job?
A. Yes.
Q. Now, what was the nature of his work at the Pan-Am
station, sir?
281
A. Well, lie was to grease and change oil in cars, and to
wash cars, and there was shrubbery to trim and he always
seen after that and kept the front picked up and clean.
Q. When it came to changing oil in cars, you helped on
that?
A. Yes, sir.
Q. The greasing, did he do that by himself!
A. Most of it, yes.
Q. You supervised him?
A. Yes.
Q. Do you recall what type of clothes Willie usually
wore ?
Special Prosecutor Gtayle: We object to that, your
Honor, what type of clothes he usually wore.
The Court: Sustain the objection.
Q. Mr. Bamburg, I will ask you, sir, if the attendants at
that Pan-Am station usually wore uniforms ?
A. That’s right.
Q. Everybody who worked there wore a uniform, is that
right ?
A. That’s right.
Q. Describe that uniform.
A. Khaki shirt and pants and khaki cap.
Q. And did it have Pan-Am written on it?
A. Yes, sir, and we had a sign on the left shoulder,
[fols. 666-681] Q. And did you invariably wear that uni
form every day?
A. Yes, sir.
Q. And particularly with reference to April and May
of this year—March, April and May of 1953?
A. That’s right.
Q. Mr. Bamburg, have you ever seen William Earl Pikes
with a pair of blue jeans on, sir?
A. No, I haven’t. I have seen him with dress pants on,
but never blue jeans.
2 8 2
[fo l. 682] D r . W illis E dgar L ew is , b e in g du ly sw orn,
testified as fo llo w s :
Direct Examination.
By Attorney Hall:
Q. State your name, please, sir.
A. Dr. Willis Edgar Lewis.
Q. Where do you live?
A. Tuskegee, Alabama.
Q. What is your profession?
A. Psychiatrist.
Q. Are you duly licensed to practice in this state?
A. I am not.
Q. How is it then—you are now practicing?
A. I am.
Q. At what place?
A. Veteran’s Administration Hospital.
Q. That is at Tuskegee, Alabama?
A. Yes, sir.
Q- you are now a psychiatrist at the Veteran’s Ad
ministration Hospital at Tuskegee, Alabama?
A. I am.
Q. Of what school are you a graduate ?
A. Meharry Medical College, Nashville, Tennessee.
Q. What year?
A. 1924.
Q. When were you admitted to practice as a physician?
A-_ I was admitted to Tennessee in June or July, 1924,
and in West Virginia in September, 1924.
Q. Had you at that time taken any post graduate studies
of any kind?
A. Not at that time.
Q. Did you subsequent to that time do any graduate
work ?
A. I did.
Q. Where?
A. Columbia University, New York.
Q. How long were you there?
A. About ten weeks.
Q. And where did you go from there?
283
A. Back to the Veteran’s Administration Hospital.
Q. I asked you where.
A. Tuskegee, Alabama.
Q. Did you have any further studies!
A. I have studied from time to time while practicing at the
Veteran’s Administration Hospital, through lectures of
[fol. 683] visiting psychiatrists and staff members.
Q. You do specialize in a particular branch of medicine
and that is in psychiatry?
A. Yes, sir.
Q. Psychiatry has to do with what type of disease?
A. Nervous and mental disorders.
Q. How long have you specialized in nervous and mental
disorders?
A. Since 1926.
Q. Since 1926?
A. Yes.
Q. Doctor, are you the author of any particular books
on this subject?
A. No, I am not.
Q. Have you written any treatise or articles at all on
this particular subject?
A. I have no published articles.
Q. But you have been in the Veteran’s Administration
Hospital at Tuskegee, Alabama, since 1926?
A. No, I have been there since 1927, and I was in West
Virginia thirteen months before coming there.
Q. Are you a member of the American Board of Psychia
try?
A. I am a Diplomate of the American Board of Psy
chiatry.
Q. What does that mean?
A. That means I am recognized by that Board to practice
in any state in the country.
Q. Doctor, I ask you to examine this document, this
portion of this document (indicating), and see if you find
your signature anywhere there.
A. I do.
Attorney Hall: Now, I ask that this document be marked
for identification.
284
(Above referred to document is marked by the court
reporter for identification, Defendant’s Exhibit D.)
Q. Doctor, did you ever have occasion to examine the
defendant, William Earl Dikes ?
A. Yes, sir.
Q. I will ask you to look at this (handing witness De
fendant’s Exhibit D for identification). You did identify
your signature on this particular document, did you not!
A. Yes, sir.
Q. I will ask you to take this document and tell me on
what date you examined this defendant and what the
occasion was.
A. June 19, 1953.
Q. Where was the defendant at that time?
A. At Kilby, Montgomery, Alabama.
Q. At what place?
A. Kilby Prison.
Q. Were you alone at that time, Doctor, or in the com
pany of others?
A. I was in the company of two other certified psychia
trists.
Q. Who were they?
A. Dr. Gordon C. Looney and Dr. Allen P. Smith.
[fol. 684] Q. Will you tel'l the Court what you found on
examination of William Earl Fikes on that date?
A. According to our examination, he had some evidence
of mental blocking and some retardation; he was somewhat
flattened and inappropriate; he seemed to be wrapped in
his own thinking; his replies were usually incomplete and
of short sentences; it was noted his finger nails were torn
off or eroded to the nail bed, which we felt was evidence
of his nervous tension. It was our opinion at that time------
Solicitor Hare: (Interrupting) Now, may it please the
Court, we object to “ It was our opinion at that time” .
Q. Just your opinion, sir.
A. It was my opinion at that time that he was suffering
from a serious mental disorder, which I diagnosed as schi
zophrenic reaction simple type.
Q. Will you explain to the Court and jury what you
mean by schizophrenic reaction simple type ?
285
A. Schizophrenic reaction simple type is represented by
a splitting of the personality of the individual, and in this
simple type of schizophrenia there is usually a lowering of
the emotional tone, and a flattened and inappropriate
aspect. And what we mean by aspect is the feeling tone
of the individual. To me, this patient did not seem to
realize the seriousness of the situation he was in.
Q. Continue, Doctor. Are you through with your
opinion and findings?
A. Yes.
Q. What was the date, Doctor?
A. The date of the examination was June 19, 1953.
Q. Dr. Lewis, assuming that the patient whom you ex
amined—manifested some mental blocking, and while Ms
speech was fairly relevant and coherent he shows psycho
motor retardation; and assuming further, sir, that he was
emotionally flattened and somewhat inappropriate, showing
evidence of beginning mental deterioration, in your opinion,
sir; and assuming further, sir, that his thought content was
shallow and limited; and assuming further that you found
no frank delusions or hallucinations, but his ideation was
autistic and his thinking was dereistic and circumstantial;
and assuming further that his replies were usually incom
plete or with short sentences; and assuming further that
his judgment and insight are poor, and that he was suffer
ing from no physical complaints; would it be your opinion,
Doctor, that this man—or would you have an opinion as
to how long this man would have suffered from schizo
phrenic reaction simple type?
A. Although a definite statement cannot be made as to
the duration of his schizophrenia, judging by the degree
of deterioration when we examined him, the duration in my
opinion was of six months or longer.
[fol. 685] Q. So you do have an opinion, and that opinion
is that he had been suffering from the disease of schizo
phrenic reaction simple type for a period of six months?
A. Yes.
Q. Assuming further that all of these previous condi
tions which I have asked you to assume were present, and
that he had suffered from this disease for a period of six
months on June 19, 1953, would it be your opinion that he
2 8 6
is still suffering from this disease!
A. Yes, sir.
Attorney Hall: That is all.
Cross Examination.
By Solicitor Hare:
Q. How long did you examine this defendant at the time
that you examined him?
A. We examined him between the hours of two and four.
Q. Between the hours of two and four. And that was
at Kilby Prison?
A. Yes, sir.
Q. And at the time he was being held under a serious
criminal charge ?
A. Yes, sir.
Q. At the time that you examined him, did you have any
background information or family history or personal his
tory?
A. Only what we took from the patient.
Q. Only information which you took from the patient.
A. We talked with his father briefly.
Q. Doctor, you testified here previously, haven’t you?
A. Yes, sir.
Q. And you testified that in your opinion this defendant
at the time that you examined him knew right from wrong,
is that correct?
A. I don’t remember.
Q. Now, Doctor, you said that at the time you examined
him that he was appathetic and somewhat depressed and
only fairly cooperative, is that true?
A. Yes, sir.
Q. Now, let me ask you, is attentiveness a trait that is
common to a schizophrenic, a sufferer from dementia prae-
cox, simple type?
A. Aggressiveness is not a usual symptom.
Q. Is not a usual symptom. Is being cooperative a usual
symptom of those diseases?
' A.' No.
Q. Is the performance of duty in an intelligent way, is
that a symptom?
A. That is not a symptom. Sometimes they will cooper
ate in the performance and sometimes they will not.
Solicitor Hare: That’s aL.
287
[fol. 686] D r . G ordon C. L ooney, being duly sworn, testi
fied as follows:
Direct Examination.
By Attorney Hall:
Q. Will you state your name, please!
A. Gordon C. Looney.
Q. Where do you live, please!
A. Tuskegee, Alabama.
Q. What is your profession?
A. Psychiatrist.
Q. Psychiatrist. When you say that you are a psychia
trist, Doctor, do you mean that you are a specialist in the
practice of medicine?
A. Yes. Mental illnesses.
Q. Are you licensed to practice in this State, sir?
A. No, I am licensed to practice in the states of Missouri
and Kansas.
Q. Licensed in Missouri and Kansas. What are you
doing at Tuskegee, Alabama, sir?
A. Working for the Veteran’s Administration, in the
Tuskegee Veteran’s Administration Hospital.
Q. Doctor, of what school are you a graduate?
A. Howard School of Medicine, Washington, D. C.
Q. Howard School of Medicine, Washington, D. C. What
year did you graduate, Doctor?
A. In 1932.
Q. Did you have further studies after graduation, Doc
tor?
A. Well, I interned in the City Hospital No. 2 in St.
Louis. From 1934 until ’41 I was connected with the
Health Department of Springfield, Missouri, as physician
[fol. 687] to the indigent colored people. Since ’41 I have
been affiliated with the Veterans Hospital at Tuskegee. I
2 8 8
have done graduate work in venereal diseases in 1940 in
Washington, D. C. And I did graduate work at New York
University from September to December, 1948.
Q. Are you certified by a specialists board?
A. Yes, I am. I took the board examination in ’49, May
of ’49.
Q. May of ’49. And you are now a diplomate?
A. Yes, of the American Board of Psychiatry.
Q. Is that the official board, recognized board of psy
chiatry?
A. It is. It is.
Q. And I ’ll ask you one thing further about that board,
sir. Unless you are certified by that board you cannot set
yourself up as a psychiatrist, is that true?
A. Yes, that is true. At least as a recognized psychia
trist.
Q. Doctor, have you written any books on the subject
of psychiatry?
A. No, I haven’t.
Q. Any articles of any kind?
A. No, I haven’t.
Q. I will ask you to examine this portion of this docu
ment which is marked Defendant’s Exhibit 4 and ask you
if you see your name written there? (Shows witness De
fendant’s Exhibit D for identification.)
A. I do.
Q. Is that your signature?
A. Yes, it is.
Q. Doctor, we ask you to refer to this document and tell
us if you had occasion sometime in 1953 to examine this
defendant, William Earl Fikes?
A. In association with Dr. Lewis and Dr. Smith I did
examine Mr. Fikes on June 19 in Kilby Prison.
Q. Was that June 19, 1953?
A. 1953.
Q. Will you tell this Court what you found on that occa
sion?
A. Well, when we saw Fikes, we found------
Special Prosecutor Gayle: Not what “ we” found.
The Court: They are asking for your findings.
289
Q. What did you find, sir?
A. When I had occasion to examine Fikes on June 19,
1953, I found him to be somewhat depressed and somewhat
appathetic. In other words, he didn’t react emotionally to
the situation as a normal person would have reacted. He
told us that he was incarcerated because of incidents which
were supposed to have occurred in March. These things
he said he confessed under duress, under threats, and he
told us that he had lied on himself. And we questioned
him at length regarding his story. We asked him what
he was doing in. the town where he was picked up, and he
said that he had walked down to the colored section to get
a sandwich and possibly some coffee, and was on his
way back when he was picked up. And he told us
[fol. 688] that someone saw him going into an alley, or
something like that, We asked him was he guilty of the
things he was accused of and he said no. And then we
asked him why he confessed, and he said they threatened
to throw him in the river or to put him in the hot seat. And
we asked him if he knew the penalty for such crimes and
he said no. And I asked him point-blank did he commit
the crimes, and he said, “ No, Doctor, you know I wouldn’t
do that.” And I said, “ Why?” And he said, “ Because
I wouldn’t want my wife to know about it.” And in my
mind, I think that is a very inadequate answer, because
there are other considerations that would keep one from
committing a very serious crime, and not just not want
ing his wife to know about it.
Solicitor Hare: May it please the Court, I think this is
all very interesting, but I think it is incompetent testi
mony, what was said by the defendant on that occasion.
And the State objects to any further------
Attorney Hall: If the Court please, we would like to
bring out from this defendant-—from this witness, that ques
tioning the witness is one method of examination.
The Court: Go ahead.
Q. Doctor, this conversation you were having with this
defendant was by way of examination?
A. It was part of the examination.
Q. Continue with your findings.
19—53
290
A. I asked him about how he was thought of in the
community, and he said that everyone liked him. And I
asked him had he ever had any trouble with anyone or
ever been arrested for anything, and he admitted that
once he had been arrested for helping his brother steal
some tires, but this incident occurred after he came back
from service. And I asked him had he ever been in
trouble while in service and he said no. And I asked him
about his army service record, and he made some state
ment about being over-seas in the south Pacific a number
of months—I don’t recall the exact number of months.
Q. Based upon that conversation and examination, what
were your findings as to the state of this man’s mind or
intelligence ?
A. I was of the opinion that he was an individual who
le£ an exemplary life in the day time, and then at night
things that were quite serious, that you wouldn’t expect
of an individual that maintained such a good reputation
among the people that knew him.
Q. I see, sir. Now, Doctor, does that type of mental
disease have a name?
A. Oh, yes, that is a type of split personality. Dementia
praecox and sehizophremia.
[fol. 689] Q. I see. Did you form an opinion as to
whether or no he had one or either of those diseases?
A. They are both the same thing. I mean synonyms of
the same condition.
Q. And in your opinion he was suffering from the symp
toms of schizophrenia?
A. He was suffering from schizophrenia.
Q. And now, Doctor, assuming that you did examine this
defendant on June 19, 1953------
A. That’s correct.
Q. And assuming that after extensive examination
with this defendant you arrived at the conclusion or had
the opinion that he suffered from schizophrenia or de
mentia praecox, would you have an opinion as to how long
he had suffered from such disease?
A. Well—possibly-—it is a difficult question to answer.
Q. Did you form an opinion at that time or would you
291
have an opinion at this time as to how long he had suf
fered from snch disease?
A. There is one way that you might form an opinion,
and that is to go back and get the date, back when this indi
vidual’s conduct varied from the normal, and on the basis
of the fact that he took the tires some months previous
to the present trouble, it might be said that his illness
began at that time.
Q. Would you say so, sir?
A. I would, because of the fact of the way they were dis
covered after he stole the tires. He said some of them put
the tires on the car and took the car back to the place from
where they took the tires. That wasn’t such a bright idea,
I shouldn’t think.
Q. Assuming that all things are true which we first set
out for you, sir, and assuming further that this onset of
split personality began some four months before------
A. Well, I wouldn’t know. I don’t remember just when
his conduct began to vary from the normal, based on the
incident of the tires.
Q. Would you have an opinion as to whether or no that
condition still exists at this time, sir?
A. Well, I can say this much, I can say that the condi
tion is rarely recovered from spontaneously, unless proper
treatment is given. I haven’t seen Mr. Fikes since the
24th. of June.
Q. Assume further, sir, that the defendant has had no
treatment of any type since your examination, sir, and
assume that he has been incarcerated in Kilby Prison since
the 19th. of June, 1953, until the present date—either at
Kilby Prison or in the custody of the police or peace officers
of the City of Selma and Dallas County, Alabama, would
you have an opinion as to whether or no the condition
which you discovered on June 19 still exists?
A. I would assume that there is a strong probability
[fols. 690-693] that it still exists.
Cross-examination.
By Solicitor Hare:
Q. How long did you examine this defendant?
A. I talked with him for a period of two hours.
292
[fol. 694] D r . A lan P. S m it h , Jk., being duly sworn, tes
tified as follows:
Direct examination.
By Attorney Hall:
Q. State your name, please.
A. Dr. Alan P. Smith, Jr.
Q. Where do you live, please, sir ?
A. Veterans Hospital, Tuskegee, Alabama.
Q. What is your profession?
A. Doctor, specialist in psychiatry.
Q. When you say “ doctor” , you mean physician and
surgeon?
A. Yes.
Q. And you are a specialist in psychiatry.
A. Yes.
Q. Where did you get your medical training? What
school?
A. State University of Iowa.
Q. When did you graduate?
A. In 1927.
Q. Are you a licensed physician in the State of Iowa?
A. Yes, and Missouri.
Q. Doctor, are you licensed in Alabama?
A. No.
Q. Where are you working?
A. I am employed by the United States Veterans Admin
istration, Department of Medicine and Surgery, at Tus
kegee, Alabama.
Q. Now, Doctor, did you have any other and further
studies, after graduating from the Iowa State Medical
School?
A. I graduated first from Washburn Municipal Univer
sity in Topeka, Kansas, in 1917, then I did graduate work
in psychology and sociology at the University of Iowa, then
I finished medicine in 1927; and I interned and had my resi
dency at the Veterans Hospital in psychiatry, at Tuskegee,
Alabama, and I have been—I have had post graduate work
in New York at New York University, post graduate at
293
Belle View; and I am certified by the American Board of
Neurology and Psychiatry, 1946.
Q. So you are a diplomate?
A. I am a diplomate of the American Board of Psychi
atry.
Q. And that means that the American Board of Psy
chiatry recognizes you as a specialist in psychiatry?
A. Yes. I have had other training, and I was on the staff
of the Veterans Hospital in San Antonio, Texas, in charge
of full ward, and I had service in the army in 1950 during
the Korean situation, and I am a Lt. Colonel now in the
Medical Corps and commanding officer of 3129 Hospital
Circuit Unit at Tuskegee.
Q. Have you had other and further training Doctor?
A. Well, lectures and meetings. And I am the first
colored member of the American Psychiatric Association,
in 1930, and I am a member of a number of national soci
eties : American Psychiatric Association, Medical Associa-
[fol. 695] tion of United States Surgeons Association, and
I am also a member of the Officers Reserve of the United
States.
Q. Doctor, have you any published works to your credit?
Any books or articles ?
A. I have published seventeen articles in national jour
nals. My last article came out a month ago on the psyeho-
atric approach to rehabilitation.
Q. What periodical carried that article, Doctor?
A. The Journal of the National Medical Association.
Q. The Journal of the National Medical Association.
And this was published one month ago.
A. Yes, sir.
Q. Doctor, I show you this portion of this document
marked Defendant’s Exhibit 4 for identification (showing
witness Defendant’s Exhibit D for identification) and ask
you to see if you find your name written there.
A. Yes.
Q. Is that your signature, Doctor?
A. Yes, it is my signature.
Q. Thank you. We ask you, Doctor, to take this portion
of this document and answer the following question: did
294
you have occasion to examine this defendant, William Earl
Fikes, at any time in June of this year?
A. June 19, 1953.
Q. Where did you see him?
A. At Kilby Prison, at approximately two to four p. m.
Q. On June 19, 1953.
A. Friday.
Q. Doctor, will you tell this Court what you found from
that examination ?
A. You want the diagnosis?
Q. Diagnosis, yes.
A. The diagnosis was schizophrenic reaction simple type.
Q. Schizophrenic reaction simple type.
A. A mental disease which usually is manifested by a
slump in personality. That is, the individual is careless in
dress and personal appearance, and he lacks interest in life.
He lives a dream life, so to speak. And during this dream
life he may have what the layman calls illusions. That is,
he has false beliefs of things that are unreal. He sees things
not there. These symptoms don’t manifest themselves in
all types of schizophrenia; there are about six basic types.
And in addition, the individual’s thinking processes are
distorted. This is one of the basic symptoms of schizo
phrenia—we use the scientific term dereistic thinking, by
which we mean his thinking is twisted. As an example, he
places the events of three different types or more into one
situation. As an example: a young man on his way to in
duction center in 1943, on furlough in 1944 he meets a young
[fol. 696] lady in a theatre, in 1947 or 8 his wife may have
a baby. In talking to you he will tell you, ‘ ‘ I was on my
way to the induction center and I went to a show, and while
at the show my wife had a baby.” In other words, three
separate events at different times and places, he correlates
into one situation.
Q. Doctor, does he do that at all times, or only when he is
in this dream world?
A. Just when in his dream world.
Q. Doctor, assume that you did examine this defendant
on June 19, 1953, and assume, sir, that you did find split
personality or schizophrenia simple type, would you have
295
an opinion as to how long a person would have had this
particular disease?
s-M. During our examination, he told me some of the events
of his early life, and then he also told me one thing that we i
didn’t know at first, that he was a veteran. And after re
turning from war he mentioned situations where he became
restless and he became a little careless in his behavior
pattern. I remember his telling me about stealing some
automobile tires in ’49. He was influenced by a brother,
and the brother got the benefit of the tires which fit his car,
and the patient—or the man—didn’t get any benefit. Then
he told of several other events. He did this, even though
his wife and mother advised him not to do it. He was easily
influenced. And then later on he told of coming from home
—I think he lived in Marion—where he was working. He
had a good job, security and everything, and he comes to
Selma one night—I think he said to get a hamburger sand
wich—and while in Selma he said he parked his car on the
wrong side of town and got picked up. And when I asked
him what happened, he said, “ They put me in jail.” And
I said, “ What were you accused o f ! ” And he said, “ I
don’t know, but I think somebody said something about
rape.” And I said, “ Do you know what stealing and rape
mean?” And he said, “ Stealing means taking things that
don’t belong to you. ” And I said, ‘ ‘ Do you know what rape
means?” And he shook his head. And I said, “ Rape means
having sexual relations with a woman under force.” And
he said, “ I wouldn’t do that, not to go home to face my '
mama and wife. ” // \
Q. Now, Doctor, from that examination, were you able
to form an opinion with reference to the duration, assum
ing, of course, that you found this patient was suffering
from schizophrenia?
A. In view of my experience, I naturally work with
veterans, and we notice that so often those veterans who
have schizophrenia, their condition usually starts after war,
probably due to some incident or stress or strain while in
service. And we would, in cases like that, date the situation
as precipitated by combat service or some experience in
service. Plus what most of our boys have, a maternal fond
ness, they are mama boys to start off with.
296
[fol. 697] Q. Then Doctor, you place the beginning of this
disease as at the time he was in service?
A. That’s true.
Q. And that was some several months or years previous
to the time of your examination, is that right I
A. That’s right,
Q. Now, Doctor, assuming that yon examined the patient
at Kilby Prison on June 19, 1953, and assuming that you
found that patient to be suffering from schizophrenia simple
type, and assuming further, Doctor, that you determined
after your examination, both subjectively and objectively,
that this disease had existed for some several months or
possibly years, would you have an opinion as to whether or
not it still obtains ?
A. Well, it is my opinion that this disease still obtains.
Q. Now, Doctor, assuming, sir, that a man is suffering
from schizophrenia simple type and, as I understand you
to explain it, that means that sometimes he has a split per
sonality and he retreats within himself and lives within a
dream world. Is that correct, sir!
A. That is correct.
Q. Is it possible that such a person might be told certain
things over and over again and might eventually believe
that he knew the things that he was told?
A. Well, occasionally these patients in their dream life,
they imagine a lot of things------
Special Prosecutor Gayle: We object, may it please your
Honor, to that. It is not responsive to the question.
The Court: Just answer the question.
The Witness: He said by constant repetition.
Q. Now Doctor, assuming that this patient is suffering,
as you said, from schizophrenia simple type—this is purely
a hypothetical question—assuming that this patient is suf
fering from schizophrenia simple type, and that someone
tells him over and over again of certain things, maybe a
story, maybe a series of events, is it possible that that pa
tient eventually believes that he knows of his own know
ledge of those things?
A. It becomes a part of him, as we have seen in the
Korean situation of brain washing. I mean by that, the
297
patient can be told—the individual, I wont say patient, can
be told certain situations or events, and that constant bom
bardment of bis personality eventually results in it becom
ing a part of Mm.
Q. So that be believes that he himself knows of these
events f
A. That’s right, And which are purely fan lacy and in
reality he knew nothing about them.
Q. I believe you are familiar with case histories with
reference to police work. Are you, or have you had any
[fob 698] experience with that sort of thing?
A. No.
Q. I will qualify my question------
A. What do you mean ?
Q. Have you, in the course of your studies, come in con
tact with patients suffering from that type of mental dis
ease who frequently confess to crimes which haven’t been
committed 1
A. One of the things he said------
Q. (Interrupting) Not this particular defendant, sir, but
other persons. Do you know of such cases?
A. Well, that does happen.
Q. Have you known of such cases?
A. We had one young man at our Veterans Hospital who
believed that while on------
Solicitor Hare: Now, may it please the Court, we object
to these extraneous illustrations like that.
Q. Just answer the question yes or no.
A. I have.
Q. Assume, now, Doctor, that a patient—or not a patient
—assume that a subject was suffering from schizophrenia
simple type, and on a certain date—assume that date was
May 21—or May 24, 1953, and on that date this subject was
incarcerated in the State prison, and that he had been
questioned over and over again by officials of the State, and
that during the questioning he had neither counsel present
or friends or members of his family, and that he was told
over and over again about certain events or certain crimes
that had been committed------
298
Special Prosecutor G-ayle: Now may it please the Court,
I am going to object to this entire line of questioning un
less this is purely a hypothetical question, and on that basis.
The Court: Is it on that basis'?
Attorney Hall: It is on that basis.
Special Prosecutor Gayle: On that basis I withdraw my
objection, on the basis that it is a hypothetical question.
Q. Assume that that person was told over and over again
that certain crimes had been committed and that he was
guilty of committing them. Is it possible, Doctor, in your
opinion, that that person might eventually believe he com
mitted those crimes ?
A. The constant bombardment of the patient’s mind—
after all, we are human beings, living organisms—may
reach the point of tension and exhaustion, where the indi
vidual in crying for relief will do anything to free himself.
Q. And assume, sir, that this patient, this subject, is suf
fering from schizophrenia simple type, would the presence
of that disease have any bearing over whether or not he
finally believes that he committed those crimes?
A. It depends upon the type of personality pattern of that
individual.
[fols. 699-701] Q. But it is possible in some types?
A. In some types, yes. And if the situation is something
that they reject, they become hostile. In these situations
the individual usually shrinks or accepts, because it is a
painful situation.
[fol. 702] W illie F ix e s being du ly sw orn, testified as f o l
low s :
Direct examination.
By Attorney Hall:
Q. State your name, please.
A. Willie Fikes.
Q. Is that your full name?
A. Yes, sir.
Q. William Earl Fikes?
A. Yes, sir.
Q. What relationship are you to this defendant, William
Earl Fikes?
299
A. I am Ms father.
[fol. 703] Q. Where do you live?
A. Perry County.
Q. Perry County? What do you mean when you say
Perry County? Do you mean you live at Marion, Alabama?
A. Marion, Alabama, yes, sir.
Q. How long have you lived there?
A. Around fifteen or twenty years.
Q. And has Willie, your son, lived there with you most
of that time?
A. Yes, sir. Some part of the time he was off working.
Q. Now, where did you live before you moved to Marion,
Alabama ?
A. At Sprotts, Alabama.
Q. Sprotts?
A. Yes, sir.
Q. In what county is that?
A. Perry County.
Q. Perry County. And how long have you lived there?
A. All my life.
Q. You have lived all your life in Perry County, have you
not?
A. Yes, sir.
Q. What kind of work do you do, Willie?
A. Well, I farm. I used to farm and do undertaker work,
and construction work, now.
Q. Farming, undertaker work and construction work?
A. Yes, sir.
Q. What kind of undertaker work?
A. Helping direct funerals.
Q. Are you doing that type of work now?
A. No, sir, I quit about a month ago.
Q. Where were you working at that time?
A. H. C. Lee, Marion, Ala.
Q. And what other kind of work did you say?
A. Construction work now.
Q. Do you mean that you help build houses and buildings
and that sort of thing?
A. Yes, sir.
Q. Are you a carpenter or brick-layer or what?
A. I am a helper.
300
Q. Are you doing that kind of work now?
A. Yes, sir.
Q. Are you doing it in Marion, Alabama?
A. No, sir, Jefferson County.
Q. But you still live in Marion, is that right?
A. Yes, sir.
Q. Your wife lives there?
A. Yes, sir.
Q. And you maintain your home and family at Marion.
A. Yes, sir.
Q. I show you this paper marked Defendant’s Exhibit
C, which purports to be a commitment paper for one Hanie
Fikes, Perry County, to the hospital for the insane at Mt.
Vernon, Alabama, and ask you to examine it and tell me if
you know Hanie Fikes or did you know her (handing Ex
hibit C to witness).
A. That was my mother.
Q. Where is she now?
A. She’s dead.
[fol. 704] Q. When did she die?
A. I think—I forget the month and year. About fifteen
years ago, ten or fifteen years ago, something like that.
Q. Where did she die?
A. Mt. Vernon.
Q. She was still in the hospital for the insane when she
died, is that right?
A. Yes, sir, that’s right.
Q. I show you these papers, marked Defendant’s Exhibit
A, which purports to be commitment paper of Columbus
Oakes, committing him to the State hospital at Mt. Vernon,
Alabama, and signed by Judge of Probate J. B. Shivers on
the 29th. day of April, 1912, and ask you to tell me who
Columbus Oakes was?
A. That was my uncle.
Q. Was he your mother’s brother?
A. Mother’s brother.
Q. Is he living now?
A. He is dead.
Q. He is dead. When did he die?
A. I disremembers, but he died at Mt. Vernon.
301
Q. At the time of his death he was still in the hospital
for the insane at Mt. Vernon?
A. Yes, sir.
Q. I show you this paper marked Defendant’s Exhibit B,
which purports to be the commitment paper for one Lum
Oakes, signed by Probate Judge of Perry County, Irby Pope,
purporting to show that Lum Oakes was committed to Mt.
Vernon, to the hospital for the insane, on the 18th day of
July, 1940. And I will ask if Lum Oakes and Columbus
Oakes are one and the same person?
A. Yes, sir, the same person. His name was Columbus
Oakes, but they called him Lum Oakes.
Q. I see. Now, the first commission of Lum Oakes or
Columbus Oakes, according to Defendant’s Exhibit A, was
on the 29th day of April, 1912. Is that what it says here
(indicating on Exhibit A) ?
A. Yes, sir, that’s right.
Q. And he was after that time evidently released. Is that
true?
A. That’s right.
Q. You don’t know when he was released, do you?
A. No, sir.
Q. But you know he was released, do you?
A. That’s right.
Q. And according to Defendant’s Exhibit B, Lum Oakes
was committed—will you read that part (indicating on Ex
hibit B) of this thing I have here? Let me read it for you.
He was committed, according to this commission paper, on
the 18th. day of July, 1940. Is that right?
A. Yes, sir, that’s right.
Q. And that was one and the same person as Columbus
Oakes ?
A. Yes, sir, same person.
Q. Was he ever released from the hospital after he went
down there in 1940?
A. One time he was, yes, sir.
[fol. 705] Q. He was released one time after 1940?
A. I don’t know whether it was after 1940, but he was
released one time.
Q. Now that was the first time, after he went down there
in 1912? We know he was released?
302
A. Yes, sir.
Q. But he wasn’t released after 1940, was he?
A. No, sir, he was not.
Q. And you say he is dead?
A. Yes, sir.
Q. And he died in the hospital for the insane at Mt. Ver
non, Alabama?
A. Yes, sir.
Q. Were there any other persons in your family that to
your knowledge were at some time declared insane?
A. Not to my knowing.
Q. Were you in Marion, Alabama, on or about April 24.
1953?
A. I was.
Q. How far do you live from this defendant?
A. About a mile or a little better.
Q. Did you see the defendant on that night?
A. No, sir, I did not.
Q. Do you recall what night it was?
A. No, sir.
Q. You don’t know what night it was?
A. No, sir.
Q. Did he live with you?
A. He did not.
Attorney Hall: That’s all.
Cross Examination.
By Solicitor Hare:
Q. Willie, how many brothers and sisters do you have?
A. I have four. Four sisters and one brother.
Q. Now, you say your mother was sent to Mt. Vernon?
A. Yes, sir.
Q. Do you know what she was sent there for, what kind
of disease she had?
A. No, sir, I don’t know what disease she had, but I know
she was insane.
Q. She was insane?
A. Yes, sir, she was insane.
Q. And Columbus, your uncle, was sent down there?
A. Yes, sir.
303
Q. Do you know whether they had syphilitic paresis or
not?
A. Beg pardon?
Q. Do you know whether they had syphilitic paresis
or not?
Attorney Hall: If your Honor please, we object unless
he is shown to know about syphilitic paresis. If he knows
what syphilitic paresis is.
Solicitor Hare: Well, I am asking him wdiat type of dis
ease they had.
[fob 706] The Court: I f he knows.
Q. Do you know?
A. No, sir, I don’t know.
Q. And you say that she wras sent down there and died
down there, and Columbus was sent down there twice.
A. Yes, sir.
Q. Now, Willie, do you recall when your son, William
Earl Fikes, was arrested over here?
A. Yes, sir.
Q. About when was that?
A. I don’t know the date.
Q. Do you know the month?
A. It was in May, I believe, wasn’t it?
Q. In May? When did you hear that he had been ar
rested?
A. I heard it that Sunday night.
Q. That Sunday night. Was that the Sunday night after
he had been arrested Saturday night or Sunday morning?
A. Yes, sir.
Q. Did you come over here and talk to him in the jail
with Mr. Jack Townsend?
A. No, sir.
Q. Did you come over here with Mr. Horne that he
worked for over there?
A. No, sir.
Q. Do you know whether Mr. Horne came over here to see
him or not?
A. I don’t know, no, sir.
Q. When did you first talk to William after he was ar
rested?
A. The first Sunday, I believe it was.
304
Q. The first Sunday after he was arrested?
A. Yes, sir.
Q. He had been arrested one week when you talked to him.
A. No, sir, it hadn’t been a week.
Q. Not a week. It hadn’t been a full week, had it?
A. No, sir.
Q. And when did you talk to him?
A. That Sunday.
Q. That Sunday. Where did you go to talk to him?
A. Kilby.
Q. "Went to Kilby Prison?
A. Yes, sir.
Q. And you talked to him in Kilby Prison the first Sun
day after he was arrested.
A. Yes, sir.
Solicitor Hare: That’s all.
Redirect examination.
By Attorney Hall:
Q. Now, Willie, when did you say you first talked to your
son, William Earl Fikes, after his arrest?
A. The first Sunday I went down there.
Q. When did you say he was arrested?
A. (No answer)
Q. When did you first learn of his arrest?
A. That Sunday night after he was arrested.
Q. Do you remember the date?
A. No, I don’t remember the date.
[fol. 707] Q. When did you see him?
A. I saw him that next Sunday.
Q. Was that Sunday a week from the time you heard he
was in jail?
A. Yes, sir.
Q. One week exactly?
A. Yes, sir, but in the meantime I went down there on
Thursday and I did not see him.
Q. Assuming the day he was arrested was the 17th. day
of May (indicating on large calendar held in front of wit
ness), 1953, Sunday, then the day you saw him was Sunday
the 24th. day of May?
305
A. Yes, sir. Sunday after he got arrested.
Q. Now, you had not seen him on the 23rd. day of May,
had you?
A. No, sir.
Q. On the 23rd. day of May, you had not seen him?
A. No, sir. I went there Thursday, but I didn’t see him
then.
Q. Did you see him Thursday?
A. No, sir.
Q. On Saturday, the 23rd., did you see him?
A. No, sir.
Q. And on Sunday, the 24th., you saw him.
A. Yes.
Q. I see. Do you know whether or no he had seen a
lawyer at that time or a lawyer had seen him?
. A. I do not.
Q. Do you know whether or no a lawyer had tried to see
him at that time ?
A. Well, I don’t know, at that time. I couldn’t say at that
time.
Q. You couldn’t say. Do you know whether or no a
lawyer tried to see him at any time while he was in Kilby
Prison?
A. I heard he had.
Q. Who did you hear it from?
A. I disremember who it was, but I heard it.
Q. But you don’t know it of your own knowledge, do you?
A. No, sir, I do not.
Attorney Hall: That’s all.
Recross examination.
By Solicitor Hare:
Q. Willie, had you talked to any lawyer about going over
there to see him?
A. No, sir, I did not.
Q. Had you authorized any lawyer to bo over there and
talk to him ?
A. No, sir.
Q. Or to represent him?
20—53
306
A. No, sir.
Solicitor Hare: That’s all.
[fol. 708] By the Court:
Q. Willie, you were duly sworn in this case yesterday
morning, wure you not?
A. Yes, sir.
Q. You raised your right hand and you were duly sworn?
A. Yes, sir.
Q, As I understand it, you heard about your boy’s arrest
on the Sunday night that he was arrested?
A. Yes, sir.
Q. Do you recall who told you that he was under arrest?
A. No, sir, I don’t remember.
Q. And that you did visit him at Kilby Prison on the
following Sunday.
A. Yes, sir.
Q. After he had been arrested on the preceding Sunday?
A. Yes, sir.
Q. And you are positive of that?
A. Yes, sir.
The Court: All right. That is all, you can step down.
I b e n e F ik es , being duly sworn, testified as follows:
Direct examination.
By Attorney Hall:
Q. State your name, please.
A. Irene Pikes.
Q. Where do you live?
A. Marion, Alabama.
Q. Are you the mother of this defendant, William Earl
Fikes?
A. Yes, sir.
Q. How many children do you have?
A. Three.
Q. Three children?
A. Yes, sir.
0. And is this the youngest or the oldest?
307
A. The youngest.
Q. This is the youngest child.
A. Yes, sir.
Q. Have you lived in Perry County, Alabama, all of your
life!
A. Yes, sir.
Q. All of your life.
A. Yes, sir.
Q. Did William Earl Fikes go to school in Perry County?
A. Yes, sir.
Q. How much schooling did he have over there ?
A. About the third grade.
Q. I asked you how much schooling he had, and what was
your answer, please?
A. Third grade.
Q. And he went to school over in Marion until he got to
the third grade.
A. Yes, sir.
Q. Do you remember how old he was when he quit school?
[fols. 709-723] A. No, sir, I don’t he was very young.
Q. Why did he quit?
A. Why did he quit?
Q. Yes.
A. Well he just quit. He wanted to work.
Q. How old was he at that time?
A. I guess he was about sixteen.
Q. When did he start school?
A. About eight years.
Q. He started to school when he was eight years old.
A. Yes, sir.
Q. And he quit when he was sixteen.
A. Yes, sir.
Q. And he had gotten to the third grade.
A. Yes, sir.
Attorney Hall: That’s all.
Cross-examination.
By Solicitor Hare:
Q. Irene, you say he went to school when he was eight
years old?
308
A. I think he was about eight.
Q. And he quit when he was sixteen.
A. Yes, sir.
Q. And you say he finished the third grade.
A. Yes, sir.
Q. Now, Irene, do you know Miss Terrell Whitman, the
probation officer up there !
A. Yes, sir, I know her.
Q. And sometime back in the summer, didn’t Miss Whit
man come to you and talk to you about your boy, William
Earl?
A. No, sir.
Q. She didn’t talk to you?
A. No, sir.
Q. You don’t remember talking to her at all? Do you
know Miss Whitman?
A. Yes, sir, I know her.
Q. She didn’t talk to you at any time back, this year?
A. No, sir.
Q. You are sure of that?
A. I can’t remember she talking to me.
Q- Well, Irene, if you did talk to her, did you tell her that
William Earl finished the sixth grade ?
A. No, sir, I didn’t.
Q. You didn’t?
A. No, sir.
Solicitor Hare : That’s all.
Redirect examination.
By Attorney Hall:
Q. Isn’t it a fact that William Earl had to quit school
because he just couldn’t learn?
A. Yes, sir, he was always thick headed.
Q. I see. And he just couldn’t learn and they couldn’t
get him out of that grade, so he had to quit school?
A. Yes, sir.
Attorney Hall: That’s all.
309
[fol. 724] M rs. G ladys C ham bliss , b e in g duly sworn, testi
fied as follows:
Direct examination.
By Solicitor Hare:
Q. What is your name!
A. Gladys Chambliss.
[fol. 725] Q. Where do you live?
A. Montgomery.
Q. Are you employed?
A. Yes.
Q. And were you employed in May of this year?
A. I was.
Q. Where were you working?
A. I was secretary to the warden of Kilby Prison, Mont
gomery, Alabama.
Q. How long have you been acting in that capacity?
A. For the past two and a half years.
Q. Do you do stenographic office work generally?
A. I do.
Q. And how long have you been employed as a stenog
rapher ?
A. Since 1940.
Q. Since 1940. Mrs. Chambliss, do you recall an occasion
this year taking some testimony with reference to William
Earl Fikes, the defendant in this case ?
A. Yes, I do.
Q. Where were you at that time?
A. I was in my office at the front of Kilby Prison.
Q. Do you remember when that was?
A. It was in May on a Tuesday.
Q. A Tuesday in May. Do you recall the day of the
month ?
A. I believe it was the 26th.
Q. About the 26th. Now, who was present there in that
office at that, time?
A. The warden, Mr. Burford, Captain Baker, Mr. Reese,
yourself, and seems like there was a lieutenant or somebody
else.
Q. And where was William Earl Fikes?
310
A. He was sitting to the left of my desk.
Q. Sitting to the left of your desk.
A. Yes, sir.
Q. While William Earl Fikes was there, or at any time
prior to that—. First, let me ask you if a conversation was
had with William Earl Fikes in your presence ?
A. Yes, sir.
Q. At that time and just prior to that time, did anyone in
your presence or hearing make any threats against him to
get him to talk?
A. They sure didn’t.
Q. Mrs. Chambliss, was any show of violence or force
made against him to get him to talk ?
A. No, sir.
Q. Were any threats or intimidation made against him to
get him to talk?
A. No, sir.
Q. Was he cursed or abused in any way to get him to
talk?
A. No, sir.
Q. Were any offers of reward or hopes of reward or im
munities held out to him to get him to talk?
A. No, sir.
Q. And he did have a conversation in your presence and
hearing?
A. Yes, sir.
Q. And during this conversation, Mrs. Chambliss, what
did you do?
[fol. 726] A. I took down all that William Fikes said, the
conversation between he and Captain Baker, mostly.
Q. Yes, ma’am. And how did you take that down?
A. In shorthand.
Q. In shorthand. And what did you do with those notes
at that time ?
A. I kept them until our fiscal year ended. Our fiscal
year ends September 31, and the first of October I destroyed
all of my notes in my note books.
Q. Well, at that time, what did you do with those notes?
A. I transcribed them.
Q. When did you transcribe them?
A. Well, the testimony, when he didn’t want to tell me
311
anything else and Captain Baker was going to finish it up,
I took my notes down to the Chief Clerk’s office, and not
having any paper I wrote on some of Ms paper, because my
paper has “ C.P. Burford, Warden” on it and his paper has
the director’s name on it. And I didn’t have any carbon
paper, so I only made one copy.
Q. Only made one copy. Now I will hand you this docu
ment, Plaintiff’s Exhibit 1, and ask you to examine that,
Mrs. Chambliss. (Hands Exhibit 1 to witness) How many
pages in that document?
A. I think there’re about six. (Counts pages) Five
pages.
Q. Five pages.
A. Yes. I had forgotten.
Q. Mrs. Chambliss, who wrote this writing on those
sheets, the typewriting?
A. I did.
Q. You did. And you wrote that on or about May 26th.,
in Kilby Prison?
A. In the afternoon. It was getting late.
Q. About how late?
A. Oh, I think about four-thirty or five.
Q. About four-thirty or five. Now, I ’ll ask you to look
that over, Mrs. Chambliss. Is that a true and correct tran
scription of the conversation with William Earl Fikes, the
defendant in this case, that you have heretofore testified to?
Attorney Hall: If your Honor please, we object to the
witness answering that question in viewT of the fact that she
has testified that she does not have her shorthand notes
with her, and in view of the fact that she testified she had
forgotten how many pages were in that document, and until
a proper predicate is laid to show that she knows.
The Court: Over-rule the objection.
Attorney Hall: We take an exception, your Honor.
Q. You wrote that?
A. I did.
Q. I will ask you if that is a true and correct transcrip-
[fol. 727] tion of a conversation had with William Earl
Fikes that you have just testified to ?
312
A. Yes, that is a true and correct transcription of the
details that William Fikes gave to me.
Q. Yes, ma’am. Mrs. Chambliss, I ’ll ask you to look this
over, and in some parts there are words typed over or
stricken out------
Attorney Hall: (Interrupting) If your Honor please, we
f would like the right to examine her voir dire.
The Court: All right. ---------“ “
Attorney Hall: If your Honor please, we would like to
] examine her out of the presence of the jury.
The Court: Over-rule.
\ Attorney Hall: We take an exception, your Honor.
Cross-examination.
By Attorney Hall:
Q. Mrs. Chambliss, I believe you testified that you did
take down whatever conversation that you heard on that
Tuesday?
A. Yes, I did.
Q. In shorthand?
A. Yes.
Q. Mrs. Chambliss, do you frequently take down con
fessions?
A. No, I do not.
Q. Was this your first experience?
A. Yes, it was.
Q. Do you know of confessions having been taken at
Kilby Prison?
A. Not in my office.
Q. Anywhere in Kilby Prison?
A. I do not know.
Q. This was the first time you have ever taken a confes
sion at Kilby Prison?
A. It surely was.
Q. Now, Mrs. Chambliss, is there anything, any sign or
indication on any of these pages?
A. Yes, J. M. McCullough, Jr. Director, name is on the
back of all stationery.
Q. What would that indicate, Mrs. Chambliss?
A. Well, it would indicate it is our stationery.
313
Q. Is there anything on the pages to indicate who
typed it?
A. No, but William signed it in my presence, and Cap
tain Baker numbered the pages because I had not done so.
Q. As secretary, you usually take dictation in shorthand?
A. Yes.
Q. And you transcribe your shorthand notes into long-
hand ?
A. Yes.
Q. And you do that on the typewriter?
A. Yes.
Q. Do you usually indicate who wrote those letters with
some symbols?
A. No.
[fol. 728] Q. At no time? As a secretary?
A. No.
Q. And that is your usual preeedure ?
A. Yes.
Q. Mrs. Chambliss, do you recall whether or no this de
fendant made a narrative statement in your presence?
A. I don’t understand you.
Q. Did he tell you and those who were in your presence a
continuous story?
A. No, he didn’t.
Q. How was it done?
A. He was asked questions, and then he went into details
about some of them.
Q. Was he questioned by one or several individuals?
A. Well, I think Captain Baker did most of the talking.
Q. And I believe you did testify that there is nothing on
any of these pages to indicate you typed them?
A. Nothing, other than my word. He signed in my pres
ence, whatever I put on there.
Q. Is there anything on any one of these pages to indicate
when typed?
A. I wouldn’t think so.
Q. Is there anything on any of these pages to indicate
when the alleged statement was made ?
The Court: Is there any date at all?
Q. Any date at all.
A. No, sir, but what was said in the conversation.
314
Q, Is there anything at all on any of these pages to in
dicate what day or what month or what year this alleged
conversation or statement was made!
A. You mean like writing a letter? It is not dated up at
the top.
Q. Anywhere to indicate------
The Court: I don’t think the witness understands your
question.
Q. What I am trying to get at is, is there any date written
on these papers at all which would tell any person who was
not present------
Solicitor Hare : If your Honor please, this is not voir dire
examination, this is cross examination. I object to cross-
examination on voir dire.
Attorney Hall: This witness is being offered to testify
to something she wrote on these pages.
The Court : You are on voir dire now..
. . .
Attorney Hall: Do I understand that you sustain the
objection?
The Court: In that particular question, yes.
Attorney Hall: We take an exception, sir. That’s all.
[fol. 729] Redirect examination.
By Solicitor Hare:
Q. Mrs. Chambers, as I understand it, you testified that
you typed these pages?
A. Yes, sir.
Q. And they were typed on or about May 26------
A. (Interrupting) Yes, sir.
Q. —in the warden’s office in Kilby Prison?
A. Yes, sir, and there are a good many typographical
errors on there and that was due to the fact that I was
using someone else’s machine and not the one I was ac
customed to, and I was excited, too, when I wrote it.
Q. Yes, ma’am.
A. And I apologize for that and for the things typed
over, and everything like that.
Q. Look on page two, there is a word stricken out, or
x-ed out. Who x-ed that out ?
315
A. I did.
Q. Now, I will ask you to look for any other typographical
errors or changes. Who made those?
A. I did all of them. There is one in here where Captain
Baker said “ mad” and I wrote “ made” .
Q. When were any deletions or corrections made?
A. When I transcribed my notes.
Q. And were they made before the defendant in this case,
William Earl Fikes, signed his name?
A. Yes, they were made before he signed.
Q. And did he sign his name to each and every one of
these sheets of paper?
A. Yes, he did.
Q. And was it done in your presence?
A. Yes, sir, on my desk.
Q. On your desk. Mrs. Chambliss, do you know, when
you finished the transcription, was that paper shown to
William Earl Fikes?
A. It was read to him in the presence of all in the office
at the time.
Q. Yes, ma’am. And did he sign it before it was read
to him or after it was read to him?
A. He signed the paper after it was read to him.
Solicitor Hare: That is all.
Recross examination.
By Attorney Hall:
Q. Had you seen this defendant before that Tuesday?
A. Yes, I saw him when he came into Kilby Prison the
first time.
Q. Were you present during any time when this de
fendant was being questioned by anybody at the time he
was brought in?
A. No, that was the only time.
Q. The only time you were present was Tuesday, May
26th?
A. Yes, that’s right.
[fob 730] Q. So you do not know, as a matter of fact,
whether anyone made threats against this defendant pre
vious to that time.
316
A. Not in my presence and not in that room. And I heard
he was a real good worker.
Attorney Hall: If the Court please, we object to that
statement and ask that it be stricken.
The Court: Yes. That last statement is out and not for
your consideration, gentlemen.
Q. Mrs. Chambliss, as a matter of fact, how long was the
defendant in your presence on Tuesday, May 26th?
A. Well, from the length of the conversation and the
time he come in, I imagine about one-thirty, and probably
left about four-thirty------or five.
Q. And he was in your presence and you were in his pres
ence, and in the presence of those gentlemen, during all of
that time ?
A. No, it took awhile to transcribe those notes, so I would
say he was in my presence about two and a half hours.
_ Q- Now, were you there when they first began questioning
him on Tuesday?
A. Yes, I was.
Q. Was the defendant in your presence the previous
Saturday?
A. No, he was not.
_ Q- Did you understand on Tuesday, when you first saw
him on Tuesday that he had already confessed?
A. I don’t know whether he had or not.
Q. Did you understand that?
A. No.
Q. You had not read any newspaper account to the effect
that he had confessed?
A. I very seldom read cases like that.
Q. And you had heard no one say that he had?
A. No, I hadn’t.
Q. Had you at that time heard a tape recording of a
purported confession?
A. No, I hadn’t.
Q. We ask you whether or no your name was on these
pages. Will you examine these pages, please, ma’am, for
the record, to the effect that they are five loose pages clipped
together by one Gem clip ? They are five ?
A. Yes, they are five.
Q. And what was holding them together when handed
to you?
A. A Gem clip.
Q. A Gem clip and nothing else holding them together.
Now, Mrs. Chambliss, did you make any mark on those
pages to indicate which was first and which second, and so
on?
A. No, I did not. Captain Baker wrote Page 1, 2 and 3,
in the presence of all of us before William Earl Fikes
signed it.
Q. Have you had any conversation with anyone relative
to that alleged confession, today or any previous time ?
A. No, I have not.
[fol. 731] Q. No one has talked to you?
A. No.
Q. No one has said anything to you? The State’s attor
neys or Mr. Gayle or Mr. Baker, at any time about that
confession?
A. I talked to them, but they didn’t say anything about
it.
Q. You didn’t talk to them about that confession today?
A. No.
Q. Yesterday?
A. I didn’t see them yesterday.
Q. At no time since you transcribed it and wrote it up?
A. No.
Q. Mrs. Chambliss, I will ask you to examine those five
separate sheets of paper purporting to be the confession of
this defendant, and tell the Court if your name is written
on any of those pages.
A. My name is not written on any of these pages because
I did not put it on there.
Q. I will ask you, Mrs. Chambliss, to tell this Court and
this jury if there are any symbols or anything else to iden
tify you as the typist?
A. There is none, because if you didn’t take my word
that this is my typewriting I don’t think you could tell it.
Attorney Hall: If your Honor please, we object to the vol
untary portion of the witness’ answer and move that it be
stricken.
317
318
The Court: The voluntary portion of the answer is out
and not for your consideration, gentlemen.
Attorney Hall: And we move you sir, at this time to
declare a mistrial.
The Court: Over-rule your motion.
Attorney Hall: We take an exception, sir.
Q. Mrs. Chambliss, I believe you testified that you took
that testimony down in shorthand notes in your office. Is
that right, ma’am?
A. That’s right.
Q. And that is where the defendant was being questioned
at that time?
A. That’s right.
Q. Do you have a separate office, or is your office in with
Mr. Burford?
A. His office adjoins mine. Mine is larger, and you come
through my office going to Mr. Burford’s office.
Q. And the defendant was actually in your office at that
time?
A. That’s right.
Q. Where did you do the transcribing?
A. I went down in the chief clerk’s office.
Q. Was this defendant present at the time you tran
scribed those notes?
A. No, he wras still in my office.
Q. Were either of the witnesses whose names are on that?
A. They were both there.
[fol. 732] Q. With you?
A. No, in my office. I was alone when I transcribed my
notes.
Q. Neither of the witnesses were present when you tran
scribed your notes.
A. No.
Q. Mrs. Chambliss, is there anything there to indicate
who asked the questions of this defendant at that time?
A. Well, the two witnesses that signed the paper, Cap
tain Baker and Solicitor Hare.
Q. Is that indicated on those sheets?
A. Yes.
Q. How is that indicated?
319
A. Would you like to read it to the jury?
The Court: Just answer his questions.
The Witness : I put Solicitor when he asked a question and
Baker when he asked a question and Burford when he
asked.
Q. Now, for Solicitor Hare, what did you write?
A. Wliat did I write ?
Q. Yes, what is on that paper to indicate who asked the
question?
A. Solicitor.
Q. Just “ Solicitor” ?
A. When I took this down I didn’t know he was Solicitor
Hare.
Q. Now, Mrs. Chambliss, please, we are trying to find
out who examined the witness, according to that paper
which purports to be a confession.
A. According to this paper, the solicitor and the captain
of the police department of Selma did.
Q. And the paper only says “ Solicitor” and “ Baker” ,
is that right?
A. That’s right.
Q. Now, immediately after each question, is it indicated
who makes any further statement?
A. There was only one person questioned and that was
William Earl Fikes, and I didn’t write his name on the
transcription.
Q. There is nothing there to indicate who made those
purported answers, is there?
A. No.
Q. There are only the names “ Solicitor” and “ Baker” .
A. That’s right.
Q. And I asked you once before if there is any date on
those papers.
A. There is no date on those papers at the top, as if you
were writing a letter.
Q. Is there one at the end to show when it was signed?
A. No.
Q. Or one to show when they witnessed it?
A. No.
Q. So, Mrs. Chambliss, so far as that paper is concerned,
320
it may have been written any where, any time, any place—in
so far as the paper is concerned?
[fol. 733] A. (No answer)
The Court: Can you answer the question, Mrs. Chambliss ?
In so far as the paper is concerned, does it reveal any date
or any place where it was signed?
The Witness: Nothing, only five pages, and things like
that.
The Court: That is embodied in the questions and an
swers.
The Witness: That’s right.
Q. In the questions and answers, Mrs. Chambliss, is any
date of any week or any year indicated ?
A. No.
Q. So that nowhere on that paper is there a date.
A. No.
C. P. B u b f o r d , being duly sworn, testified as follows:
Direct examination.
By Solicitor Hare:
Q. What is your name?
A. C. P. Burford.
Q. Where do you live, Mr. Burford?
A. Montgomery, Alabama.
Q. What is your business?
A. I am in prison work.
Q. Is that with the Department of Corrections and Insti
tutions of the State of Alabama?
A. Yes, sir.
Q. Mr. Burford, back in May of this year, what was your
particular business ?
A. I was warden at Kilby Prison.
Q. Where is your office in Kilby Prison?
A. First door on the left when you come in the front
door of the prison.
Q. And do you have a secretary?
A. Yes, sir.
321
Q. Who was your secretary at that time?
A. Mrs. Chambliss.
Q. Mr. Burford, do you recall an occasion when this de
fendant was in your office?
A. Yes, sir.
Q. Do you recall when that was?
A. Twenty-sixth of May, I believe, on Tuesday.
[fol. 734] Q. And where had this defendant, William Earl
Fikes, been before he came to your office? Do you know?
A. He had been back in our segregation unit.
Q. In your segregation unit. And who was in your office
at that time when he came in there?
A. Mrs. Chambliss was in there, and you and Mr. Baker,
and Mr. Reese, and another fellow.
Q. And were any persons there in your office armed?
A. No, sir, we do not allow arms inside of the prison.
Q. Are the guards inside of the prison armed?
A. No, sir.
Q. At that time and at that place, was a conversation
had in your presence with William Earl Fikes, the de
fendant in this case?
A. Yes, sir.
Q. Now, just at that time and just prior to that conversa
tion was any show of violence or threats or intimidation
made against this defendant to get him to talk?
A. No, sir.
Q. Were any rewards or hopes of reward or immunity
or promises of immunity held out to him to get him to
talk?
A. No, sir.
Q. Were there any threats or intimidations made against
him?
A. No.
Q. And you say that a conversation was had with him?
A. Yes, sir.
Q. While he was talking, Mr. Burford, do you know
whether any notes were being taken of what he said?
A. Yes, sir, Mrs. Chambliss was taking notes of what
was being said.
21—53
322
Q. Was that fact known to William Earl Fikes at that
time?
A. Yes.
Q. And do you know what Mrs. Chambliss did with those
notes?
A. She took them back to another office and transcribed
them.
Q. And later on, did you see any typewritten papers in
your office?
A. Yes, sir.
Q. I ’ll hand you State’s Exhibit No. 1, and ask you if
you have ever seen that before.
A. Yes, sir, that looks like the ones—that is the ones that
was brought up here.
Q. Yes, sir. And what, if anything, was done as to the
writing on these papers, as to this defendant?
A. Well, he signed them.
Q. He signed them?
A. Yes, sir.
Q. Did he sign them in your presence?
A. Yes, sir.
Q. Were these papers at any time read to him?
A. Yes, sir.
Q. Were they read to him prior to the time he signed
them or after he signed them?
A. Before he signed them.
Q. Before he signed them. And he signed each and every
one of these papers in your presence?
A. Yes, sir.
Q. Do you know William Earl Fikes?
A. Yes, sir.
[fol. 735] Q. Has he been in your custody at any time?
A. Yes, sir.
Q. You were warden of Kilby Prison for most of the time
he was in your custody?
A. Yes, sir.
Q. Mr. Burford, I will ask you if this defendant has been
denied his meals or water or mistreated or threatened in
any way or abused while in your custody?
A. No, sir, he has not.
323
Cross-examination.
By Attorney Hall:
Q. Mr. Burford, I believe you testified that this defend
ant was first placed in your custody on May 18,1953, is that
correct, sir?
A. I didn’t testify to that, and I don’t know just when
it was.
Q. You don’t know when it was?
A. I don’t know exactly the date, but it was about that
time.
Q. You don’t recall the dav of the week?
A. No.
Q. But it was on or about May 18, 1953?
A. Yes, sir.
Q. Do you recall why he was placed there?
A. As a safe keeper,
Q. As a safe keeper, on whose orders, sir?
A. The officials of this county.
Q. Of this county?
A. Yes. I don’t remember just who called up, whether it
was Captain Baker or whether it was the Judge, or just who
called up.
Q. Do you know whether he was charged with any crime
at that time, sir ?
A. I don’t know.
Q. You don’t know whether he was a prisoner of the City
of Selma or of Dallas County at that time, do you, sir?
A. I don’t know.
Q. Do you know Captain Baker, sir?
A. Yes, I do now. I didn’t at that time.
Q. You did not at that time?
A. No.
Q. Now, Mr. Burford, I believe you testified that William
was placed in segregation. What does that mean ?
A. Just a place where he does not mingle with the other
prisoners. He has a comfortable bed and all conveniences.
Q. Do you mean it is an extremely comfortable cell?
A. It is quite comfortable.
Q. Is it different from the average cell?
A. Only one bed in it and the others have more.
324
[fol. 736] Q. And the prisoners are placed together in the
other cells !
A. That’s right.
Q. Is that what is commonly called solitary confinement!
A. No.
Q. Was he allowed to mingle with the other prisoners at
all!
A. No.
Q. Why was he placed in that cell alone!
A. Well, that’s where we would place any safe keeper that
comes in. He isn’t our prisoner. We don’t want him talking
to the other prisoners. It is not punishment. We are just
keeping him, holding him for someone else. Just a safe
place to keep him.
Q. Now, Mr. Burford, while he was at your prison, do you
know whether or no his father attempted to see him on one
or several occasions!
A. I remember one day he wanted to see him and we
allowed him to visit.
Q. Had he been there previously!
A. If he had, it hadn’t been called to my attention.
Q. Do you know whether or no any lawyer had attempted
to see him while he was there!
A. There was one lawyer that came to see him that we
would not let see him.
Q. When was that, sir!
A. When!
Q. Yes, sir.
A. It wrns one Saturday, but I don’t remember the date.
Q- Was that before that alleged confession!
A. Yes, I believe it was. I couldn’t say that for sure.
But that lawyer refused to identify himself as a lawyer, and
admitted he had not been hired on the case, and that’s the
reason we wouldn’t admit him.
Q. Did he tell you what his name was!
A. Yes, but he wouldn’t show us any identification.
Q. Did he tell you he was a lawyer!
A. Yes.
Q. Isn’t it a fact that he was Mr. John McGee, a practic
ing attorney of Montgomery, Alabama ?
A. Yes, sir.
325
Q. And he told yon that on that occasion?
A. Yes, sir.
Q. But you refused to let him see this defendant.
A. Yes.
Q. Why?
A. Well, there were two or three reasons. One was that
he refused to identify himself as an attorney. | And as a
safe keeper, he is not our prisoner, so we never f&gTlike we
can let anyone see him without getting* an OK from the man
who has charge of him. If a man does identify himself as
a lawyer, we will do it, we will go that far.
Q. Now, he did identify himself orally as a lawyer?
A. Orally, yes.
Q. Had you previously met Mr. McGee?
A. No, sir.
Q. You had known of him previously?
A. That’s right.
Q. But he did tell you he was a practicing attorney with
[fol. 737] offices in the City of Montgomery?
A. Yes, but he didn’t say where his office was.
Q. Now, Mr. Burford, did you subsequent to that time or
previous to that time allow any lawyer to see this defend
ant while he was in your custody?
A. I don’t remember right now—-yes, I think he had seen
a lawyer by that time.
Q. By which time?
A. Before McGee came along, I believe he had.
Q. Which lawyer was that?
A. Some lawyer from over here. I believe two lawyers
from over here, that had been appointed to take his case.
Q. And you think that was before Mr. McGee came over?
A. I am not positive.
Q. And you say that Mr. McGee—did he or not come
before this alleged confession?
A. I am not sure of that.
Q. So it may have been before this confession?
A. Could have been.
Q. I will ask you, sir, if on Tuesday, May 26th., when you
were in the company of Mr. Hare and Mr. Reese and Mrs.
Chambliss and Lt. Ware and Captain Baker, questioning
this defendant in your office, sir, you were aware of the fact
326
that according to newspaper reports he had already con
fessed? You knew that?
A. Yes.
Q. Now, do you know when he is supposed to have con
fessed, sir?
A. No.
Attorney Hall: I will ask your Honor to identify this
newspaper.
(Court Reporter marks for identification newspaper, copy
of the Selma Times-Journal dated Sunday morning, May
24, 1953, as Defendant’s Exhibit E)
Q. Mr. Burford, will you examine this, please, and tell us
what it is that is marked Defendant’s Exhibit E (handing
newspaper, Exhibit E, to witness) ?
A. Selma Times-Journal.
Q. Is that a newspaper, sir?
A. Yes, sir.
Q. And it is the Selma Times-Journal for what date, sir?
A. Sunday morning, May 24.
Q. What year?
A. 1953.
Q, Thank you, sir. Now, how many sections does this
paper consist of, sir?
A. Two, I think. Two.
Q. And of how many pages, sir?
A. Thirty-two pages.
! Attorney Hall: Now, if it please the Court, we are going
to ask that this paper be placed in evidence. Not the entire
paper, but just one article.
Solicitor Hare: We object, your Honor, on the grounds
[fol. 738] there has been no proper predicate laid.
Attorney Hall: The Judge can take judicial knowl
edge------•
The Court: You are just offering the article?
Attorney Hall: Yes, sir.
The Court: Over-rule.
Solicitor Hare: Now, may it please the Court, he is offer
ing that in evidence and we have had no opportunity to
examine it and have no knowledge of what it contains.
327
(Attorney Hall hands said newspaper to Solicitor Hare
for his inspection)
Solicitor Hare: Is he putting it in evidence or just
marked for identification! We object to it’s being admitted
in evidence.
The Court: If it is not connected up, I will rule it out.
Temporarily, it is admitted in evidence.
(Above described newspaper article temporarily accepted
in evidence as Defendant’s Exhibit E)
D efendant ’s E x h ib it E :
NEGRO HELD AT PRISON CONFESSES RAPE
GUILT AND OTHER RAIDS HERE
M ajor Crimes in W ave of T errorism S olved as P rowler
‘ T alks ’ to Capt . B aker
B y Arthur Capell
A Negro rapist scare that held Selma in a grip of terror
for the past 12 weeks apparently was ended Saturday when
William Fikes, 27-year-old Marion service station attend
ant, confessed at Kilby Prison that he raped the wife of an
air force sergeant on May 18 and that he has entered a
number of other homes here during this time.
Earlier this week the Folsom parolee had admitted to an
attempted rape of the mayor’s daughter, and entry into
the C. C. Binford home recently, and to one attack and
another residence entry in Selma during August of 1948.
The Perry County Negro, who was picked up on suspicion
last Saturday night, broke down at six p. m. yesterday and
made his complete confession to Capt. Wilson Baker after
a nine-hour questioning session.
Confession of Negro
Baker quoted the prisoner as saying that he raped the
sergeant’s wife at her First Avenue residence on the night
of March 18; that he entered the residence of Dr. Harlan
Hollingsworth and fought with him on the night of May
11th; and that he attempted to rape 66-year-old Mrs. Lily
Little at her home on Mechanic street the night of May 15.
Tape recordings of the confessions also revealed that
[fol. 739] Fikes told the police captain of entering the homes
of Tom Bearden and Mrs. Emma Godwin, both of whom
reside on Range street, prior to the night he attacked Mrs.
Stinson. And that during another night after he had raped
the young white matron, he entered the home of Mrs. R. A.
Brady on Range street.
The police captain said the Negro further admitted to
numerous other window peeping incidents in Selma during
trips that he made here at least once each week for the past
three months from the nearby Perry County seat town.
These confessions cleared the police records of every
definite entry or attempted entry made here during the
recent prowler series.
The joint efforts of Mr. and Mrs. Jake Youngblood and a
Parrish High senior, Roland Harris, led to the capture of
Fikes about midnight last Saturday. He was seen prowling
in several alleys that enter Broad Street, arousing the sus
picion of the alert citizens who contributed to his appre
hension.
Baker obtained his first confessions from the Negro Mon
day afternoon. Shortly afterwards he was carried to Kilby
for safe keeping until his trial comes up during the next
criminal session of Circuit Court.
Since that time police investigations both here and in
Marion have been in progress as officers worked to tie all
loose ends in the case together.
Saturday, Baker was accompanied to Kilby by Circuit
Solicitor James Hare, Police Lt. Willie Ware, who has also
been active in the case; and by the sergeant and his wife,
who confronted the prisoner during the day to aid in the
( interrogation.
(End of Exhibit E)
Cross-examination.
By Attorney Hall, continued:
Q. Mr. Burford, now, did you testify that you had heard
previously that this defendant had confessed?
A. Yes.
329
Q. Had you read that in a newspaper?
A, I don’t know. I don’t think so.
Q. You don’t recall whether you had read that in the
newspaper or not.
A. No.
Q. Will you esamine this paper, this newspaper which is
marked Defendant’s Exhibit E and which purports to be
the Selma Times-Journal for Sunday morning, May 24,
1953; and I direct your attention to this article on the front
page thereof, which is a feature article carrying the by-line
of Mr. Arthur Capell; and further direct your attention, sir,
to a paragraph of that particular article and ask you to
read it, sir.
Solicitor Hare: We object to that.
Attorney Hall: We didn’t ask him to read it aloud.
The Court: Read it to yourself.
(Witness silently reads specified paragraph of Exhibit E)
Q. Had you seen that previously, sir?
A. No.
Q. Did you know the facts alleged there, at the time of
this confession?
A. Did I know what ?
Q. Did you know the facts alleged there at the time this
alleged confession was written?
A. Yes.
Q. You knew those facts, did you?
[fols. 740-743] A. Roughly. I knew he had confessed.
Q. And you kneuT he had been questioned extensively, did
you not, sir?
A. Yes.
Q. Were you present at all times when this defendant
was being questioned while at Kilby Prison?
A. No. The only time I was present was when he made
this confession that was written down.
Q. So the only time was on Tuesday, May 26 ?
A. Yes.
Q. And at that time you knew that he already had con
fessed on Saturday, the 23rd. Is that right, sir?
A. Yes.
330
Q. And you knew that by virtue of having read it in the
paper?
A. No.
Q. But you knew it.
A. Yes.
Q. So, sir, you do not know—I withdraw that. Assuming
that it is true that he had allegedly confessed on Saturday,
you were not present at the time that he confessed, were
you?
A. No.
Q. So that you do not know whether any threats or vio
lence were used or not.
A. All I know about is that day.
Q. According to your own knowledge, and according to
what you had been told, he had already confessed on Satur
day, is that right?
A. Yes, that’s right.
Q. And Tuesday was the only time you were in this de
fendant’s presence.
A. Yes, sir.
Q. Now, Mr. Burford, isn’t it true that one other person
came into that office during the time this defendant was
being questioned?
A. I don’t remember it.
Q. Is it not true, sir, that a colored prisoner came in there
sometime or other?
A. No.
Q. Mr. Burford, were you present when Mrs. Chambliss
transcribed her notes?
A. Yes.
Q. You were present?
A. Oh, not when she transcribed them. When she took
them down I was.
Q. You wTere present when she took them down?
A. I was.
Q. Do you read shorthand, sir?
A. No, sir.
Q. Would you know whether or no a shorthand character
according to Gregg system would be a true and correct indi
cation of what had been said and done ?
A. No, I have no idea.
331
Q. Do you know whether either Lt. Ware or Captain
Baker was present at the time these notes were transcribed!
A. No, sir, none of them. I don’t think any of them could
have been where they were transcribed.
[fol. 744] Redirect examination.
By Solicitor Hare:
Q. Mr. Burford, do you permit lawyers who have not
been retained by the prisoner or his family to solicit em
ployment within the confines of Kilby Prison?
A. No, sir.
Q. I will ask you if this lawyer who came on that occa
sion you testified to, did he tell you he had been retained
by the family of this defendant?
A. Said he had not.
Q, Or by the defendant himself ?
A. Said he had not.
Recross examination.
By Attorney Hall:
Q. You testified previously in this Court with reference
to the visit of that lawyer?
[fol. 745] A. I don’t remember.
Q. But you did testify?
A. Yes.
Q. Isn’t it true, sir, that you testified that the only ex
planation he made was that he wanted to see him because
he didn’t think he was guilty?
Solicitor Hare: We object, your Honor.
The Court: You can ask him as to his statement on the
previous trial. Go ahead.
The Witness: That’s right.
Q. You did make that statement?
A. That’s right.
Q. In answer to the question asking what explanation Mr.
McGee made, is that right, sir?
A. I believe so.
332
Q. Did you at that time make any other explanation or do
any other testifying with reference to that question?
A. I don’t remember it.
Attorney Hall: That’s all.
Redirect examination.
By Solicitor Hare:
Q. Has the opportunity to confer with counsel ever been
denied to this defendant?
A. No, sir.
Q. Have the previous two attorneys for William Earl
Fikes seen him ?
A. They have.
Q. Prior to the time this statement was taken on May 26,
had this defendant, William Earl Fikes, had an opportu
nity to confer with his father?
A. Yes, sir.
Solicitor Hare: That is all.
Recross examination.
By Attorney Hall:
Q. On what date did the defendant’s counsel see Mm at
Kilby Prison? Present counsel.
A. I don’t know the date.
Q. Do you remember whether it was in the month of
September, 1953, sir?
A. I don’t think it would have been in the month of Sep
tember, because this happened in May.
Q, That is true. Are you saying that the defendant’s
present attorneys saw this defendant previous to Septem
ber, 1953?
A. Oh, I don’t think so, not the present attorneys. I
don’t know when you fellows came.
[fols. 746-795] Q. Were you present on that date?
A. I remember your coming in. I think so. They called
from the tower and said there was two colored attorneys and
I said send them in.
Q. Did you have a conversation with us at that time, sir,
with reference to our authority to see our client?
A. The man at the gate said you identified yourselves as
lawyers and convinced him.
Q. Do you know how we identified ourselves?
A. He was satisfied you were lawyers, and that was good
enough for me.
Q. Was this man at the gate convinced Mr. McGee was
a lawyer?
A. No.
Q. Mr. McGee told him he was a lawyer?
A. I don’t know.
f" Q. Did you see Mr. McGee yourself?
I A. I sure did.
Q. And Mr. McGee got past the gate?
A. He got past the tower and came up to see me.
Q. So he actually got inside the prison.
A. Yes, in my office.
| Q. And he talked to you with reference to seeing that
prisoner?
1 A. That’s right.
| Q. And you did not let him see him.
I A. That’s right.
I Q. And you did not inquire into defendant’s present at
torneys’ authority to see the prisoner?
I A. Any more than the man out there said they were
lawyers.
Q. You yourself, did not inquire.
A. No.
Q. Made no inquiry at all.
A. No.
Q. And that was after this defendant had been indicted
for this alleged offense?
A. I don’t know whether he was indicted. He was our
prisoner then. When he was our prisoner we can let any
body see him that we want to.
[fo ls . 796-802] C olloquy
The Court: Anything further, gentlemen?
Attorney Hall: No, sir.
The Court: Gentlemen of the jury, you may take the
333
334
exhibits which have been offered in evidence and retire to
the jury room to begin your deliberations.
(The jury retires to the jury room, taking said exhibits
with them)
(Later: Bailiff notifies the Court that the jury is ready
to return to the court room)
The Court: Let the record show that the defendant and
his counsel and the solicitors for the State of Alabama are
all in court.
The Court: (Addressing audience in court room) When
this jury comes in, I don’t want any demonstration of any
nature or description. I don’t want any voice raised, any
hand clapping, or any other outward demonstration made.
If such occurs, you officers of the law will immediately
bring forward any individuals who violate my instructions.
The Court: Bring the jury in, please.
(Jury returns to the court room and takes the jury box)
The Court: Have you gentlemen reached a verdict?
Foreman of the Jury: We have, your Honor.
The Court: Will you read it, please?
Foreman of the Jury: (Reading verdict) “ We, the jury,
find the defendant guilty of burglary in the first degree as
charged in the indictment, and fix his punishment at death.
Carroll E. Jackson, Foreman.”
The Court: I would like to take this opportunity to thank
you gentlemen for the cooperation which you have displayed.
You have rendered the County a service for which you are
due credit. I want everyone in the court room to remain
seated until this jury leaves the court room.
(Jury leaves the court room, and then the
leave)
V e r d ic t o r T h e J u ry
spectators
We, the jury, find the defendant guilty of burglary in the
first degree, as charged in the indictment, and fix his pun
ishment at death.
Carroll E. Jackson, Foreman.
335
[ fo l. 803] I k S uprem e C ourt op A labama
A ssign m en t op E rrors
1. The Court erred ill refusing to grant defendant’s mo
tion to quash the indictment (Motion T. 490).
2. The Court erred in refusing to grant defendant’s mo
tion to quash venire (Motion T. 26).
3. The Court erred in refusing to order a lunacy hearing
for defendant (Motion T. 490).
4. The Court erred in not striking the testimony of Wil
liam D. Power’s, Jr. on defendant’s motion (Motion T. 26).
5. The Court erred in allowing the jury, over the objec
tion of defendant, to remain in the court-room during the
voir dire examination of the witness, J. Wilson Baker,
Captain of the Police Department of the City of Selma.
(Trial T. 47, 285)
6. The Court erred in refusing to declare a mistrial on
motion of counsel for the defendant, after the witness, J.
Wilson Baker, Captain of Police Department of Selma, tes
tified in the presence of the jury about an alleged confes
sion by the defendant, before a proper or sufficient predi
cate had been laid. (Trial Tr. P. 58)
7. The Court erred in overruling defendant’s objection to
the introduction into evidence of State’s Exhibit, purport
ing to be a tape recording of defendant’s alleged confes
sion. (Trial Tr. P. 58)
8. The Court erred in refusing to allow the defendant to
take the witness stand and testify, on voir dire examination
of Captain J. Wilson Baker as to the voluntary nature of
the alleged confession supposedly taken on a tape recorder
and which was played in the presence of the jury, over the
defendant’s objections. (Trial Tr. 57)
9. The Court erred in allowing an alleged confession taken
down on a tape recorder to be played in the presence of
the jury, over the defendant’s objections. (Trial Tr. P.
58)
10. The Court erred in overruling defendant’s motion
to exclude the jury during the qualifying examination of the
witness, J. Wilson Baker, relative to an alleged written
confession, before the same had been offered or received
into evidence. (Trial Tr. 79)
336
11. The Court erred in admitting into evidence an al
leged typewritten confession, over defendant’s objection.
(Trial Tr. 82)
[fols. 804-805] 12. The Court erred in allowing Mrs. De-
loris Stinson to testify to an alleged rape for which de
fendant was not on trial, over the objection of counsel for
defendant. (Trial Tr. pages 91-93)
13. The Court erred in allowing the testimony of James
Winfred Brown to go to the jury, over defendant’s objec
tions. (Trial Tr. pages 95, 96, 97, 98, 99)
14. The Court erred in denying defendant’s motion for a
new trial. (Motion is attached under separate— —to the
Supreme Court of the State of Alabama.)
15. The Court erred in refusing to give the charge re
quested by the defendant, said charge being in writing,
numbered 6 and reading as follows:
6. The Court charges the jury that good character
itself is part of the evidence in this case, and if the jury
upon a consideration of all the evidence have a reason
able doubt growing out of any part of the evidence, the
jury will give the defendant the benefit of such doubt
and acquit him.
16. The Court erred in refusing to give the charge re
quested by the defendant, said charge being in writing,
numbered 12 and reading as follows:
12. I charge you, Gentlemen of the jury, that you
must find defendant not guilty.
17. The Court erred in refusing to give the charge re
quested by the defendant, said charge being in writing,
numbered 14, and reading as follows:
14. I charge you, Gentlemen of the jury, that if you
do not believe the evidence in the case, you cannot find
the defendant guilty.
18. The Court erred in refusing to give the charge re
quested, said charge being in writing, numbered 31, and
reading as follows :
31. The Court charges the jury that under your oath
you are bound to consider the evidence as to the char-
337
acter of the defendant along with all the other evidence
in this case, and the character evidence alone may, in
your sound judgment, be sufficient to genereate a rea
sonable doubt of the defendant’s guilt of either charge
presented in the indictment in this case, and if such
reasonable doubt has been generated by the evidence
after considering it all, you should give the defendant
the benefit of that doubt and acquit the defendant.
(S.) Peter A. Hall, Orzell Billingsley, Attorneys for
Defendant.
[fol. 806] [Pile endorsement omitted]
In S uprem e C ourt oe A labama
T h e S tate of A labam a , J udicial D epartm ent ,
S pring T eem 1955
2 Div. 335.
W illiam E arl P ikes
v.
S tate of A labama
Appeal from Dallas Circuit Court.
O pin io n—May 12, 1955
Per Curiam:
Defendant was convicted of first degree burglary with
intent to ravish Jean Heinz RoekwTell in an apartment dwel
ling which she occupied, and was sentenced to death.—Sec
tion 85, Title 14, Code of 1940.
The evidence was that on Friday night about “ 10:20” of
April 24, 1953, Mrs. Rockwell was asleep in her bedroom.
She had two babies, one of whom was in an adjoining bed
room and the younger in her room. Her husband was not
at home. When she awakened around “ 10:15 ” a negro
man was sitting on her as she lay in bed. She knew he was
22—53
338
a negro but did not see Ms face as it was covered. She
could not identify defendant as that person. He had a
knife belonging* to her which he had gotten from the kitchen.
He told her he was going to kill her. She began struggling
[fol. 807] to get off the bed and with him holding on to her
she managed to get into the hall (where there was a light)
adjoining her room. She went all the way down the hall
and into the living room in the front of her apartment.
There he fell over a stool and fell on Mrs. Rockwell. She
was screaming and he threatening to kill her with the knife
at her throat, and he told her “ to straighten out” . She
grabbed the knife and got it out of his hand. He jumped
up and ran down the hall and out through the kitchen and
back door. She fell up against the back door and locked it.
It was locked when she went to bed but was open when he
ran out of it. The kitchen was in the middle of the apart
ment between the dining room and bedrooms. There was
an outside entrance to the kitchen with a screen and wooden
door. The screen to the window was also open and the
window up. There were holes in the screen over by the
latches, but these holes were not there before he entered
the apartment.
The indictment properly set out the charge, and the record
shows that the requirements of law were complied with in
respect to it. It was signed by the solicitor and endorsed
by the foreman of the grand jury, with the caption required
by law, and filed in open court in Dallas County on No
vember 12, 1953. Defendant was arraigned, pleaded not
guilty and not guilty by reason of insanity, and was rep
resented on arraignment and throughout the trial by at
torneys. The court set the date of trial for December 7,
1953, and drew a special venire as required by law. No
question is raised in respect to such matters.
On November 19, 1953 defendant filed a motion in writ
ing to quash the indictment, alleging in substance that he
is a member of the negro race, a citizen of Alabama and
of the United States; that negroes are and were systemat
ically excluded from grand juries organized in Dallas
County solely because of their race or color; and are dis
criminated against in the organization of grand juries in
339
said country solely because of their race or color in that
no members of said race, or a mere token number, are in
cluded on the jury roll or have their names placed in the
jury box, or if their names are so placed they are not drawn
for service on any grand jury, or if they are drawn they
are not listed, thereby denying to defendant due process
[fol. 808] and equal protection of the laws guaranteed to
him by the Constitution and laws of Alabama and the
Fourteenth Amendment of the United States Constitution.
That no negro served on the grand jury which returned
the aforesaid indictment against defendant in this cause;
nor has any negro served on a Dallas County grand jury
in modern times. That there exists a system, practice or
custom in drawing or organizing grand juries to serve in
Dallas County designed to totally exclude negroes from
service on such grand juries, or to discriminate against
them solely on account of their race or color contrary to the
Constitution and the laws qf Alabama and the Fourteenth
Amendment to the Constitution of the United States.
That when the indictment was returned the census of the
United States showed that the male population of Dallas
County over the age of twenty-one numbered 13,996, of
which 6040 were whites, and that the negroes over twenty-
one years number 7,956. That a great majority of said
negro males are native born citizens of Dallas County,
householder and freeholders, generally reputed to be hon
est and intelligent men, esteemed in the community for
their integrity and good character and are not habitual
drunkards nor afflicted with disease or physical weakness
such as would disqualify them to discharge the duties of
grand jurors, and otherwise possess all of the qualifications
and none of the disqualifications set out in the Constitution
and laws of Alabama and of the United States which gov
ern the situation and service of grand jurors: yet the jury
commission failed or refused to place on the jury roll and in
the jury box the names of such negro male citizens of Dal
las County, and at that time the jury roll of said county
contained less than two percent of the names of the total
number of negro male citizens eligible under the Constitu
tion and laws of Alabama and of the United States for jury
duty in said county. Those details are further elaborated.
23—53
340
The facts thus alleged were verified by the affidavit of de
fendant.
On the same day another motion in writing was filed by
defendant to quash the indictment, alleging that it was
based solely upon an alleged confession of guilt which was
extorted and illegally obtained from defendant by and
through force and violence or threats of force and violence,
coercion, torture and brutality by officers and detectives of
[fob 809] the City of Selma and of Dallas County, Alabama,
while acting in their official capacity and he was deprived
of due process and equal protection of the law guaranteed
by the Constitution and laws of Alabama and the Four
teenth Amendment to the Constitution of the United
States. That prior to the return of the indictment defend
ant was arrested without warrant on May 16, 1953, was
never taken before a magistrate but was held in the city
jail of Dallas County for several days without a formal
charge and without being permitted to confer with counsel,
his parents or friends, and was subsequently taken to Kilby
prison in Montgomery where he has remained until the
present time, and where he was not allowed to confer with
counsel, his parents or friends until he had been indicted
in this cause and after he had been subjected to days of
uninterrupted questioning by officers of the City of Selma
and of Dallas County, and subjected to violence or threats
of violence, coercion and force or threats of force, and an
alleged confession was extorted from him, which is the
sole basis of said indictment, and he was thereby deprived
of Ms rights to due process and equal protection guaran-
teeed by the Constitution and laws of Alabama and the
Fourteenth Amendment to the Constitution of the United
States. Defendant also moved to quash the venire or array
drawn to try him and assigned the same ground in sub
stance as those assigned in the first named motion to quash
the indictment as amended supra.
It appeared from the evidence submitted on the motion
that on June 2, 1953 this defendant has been indicted in
several cases of a similar nature, including the one now on
trial. That motion to quash them had been made and acted
on October 9, 1953, resulting in their being quashed on
substantially the grounds set up in the first motion herein
841
set forth. The evidence on the instant motion showed that
there was a jury roll dated “ 1942 to 1951” and another
from “ 1951 to 1953” . The grand jury which returned the
indictment of June 1953 was drawn from the box based on
the roll of “ 1951 to 1953” ; although there were some cards
in the box of persons whose names were not on the roll. The
jury commissioners had not always been careful to put all
the names on the jury roll; and had put some cards of
names in the box not on the roll. On that particular jury
roll there were shown to be eight negroes. Those indict
ments were quashed on October 9, 1953. The jury commis-
[fol. 810] sion went about revising the roll and refilling
the box on about the first of October (may be the 5th). They
made investigation from available sources, such as the city
and telephone directories, the list of registered voters, and
by personal inquiry and personal contact. They communi
cated with negro leaders and others and used their own
personal knowledge as to the fitness of persons subject to
jury service—males over twenty-one years and not over
sixty-five years. They were confronted with the statute,
section 3, Title 30, as amended, pocket part Code, which
is as follows:
“ The following persons are exempt from jury duty,
unless by their own consent: judges of the several
courts; attorneys at law during the time they practice
their profession; officers of the United States; officers
of the executive department of the state government;
sheriffs and their deputies; clerks of the courts and
county commissioners; regularly licensed and practic
ing physicians; dentists; pharmacists; optometrists;
teachers while actually engaged in teaching; actuaries
while actually engaged in their profession; officers and
regularly licensed engineers of any boat plying the
waters of this state; passenger bus driver-operators,
and driver-operators of motor-vehicles hauling freight
for hire under the supervision of the Alabama public
service commission; railroad engineers, locomotive fire
men, conductors, train dispatchers, bus dispatchers,
railroad station agents, and telegraph operators when
actually in sole charge of an office; newspaper report
ers while engaged in the discharge of their duties as
342
such; regularly licensed embalmers while actually en
gaged in their profession; radio broadcasting engineers
and announcers when engaged in the regular per
formance of their duties; the superintendents, physi
cians and all regular employees of the Bryce hospital
in Tuscaloosa county and the Searcy hospital in Mobile
county; officers and enlisted men of the national guard
and naval militia of Alabama, during their term of
service; and convict and prison guards while engaged
in the discharge of their duties as such.”
The jury commission adopted a policy, not always ob
served, not to include those who are exempted by statute.
When a person was known to be exempt, he was usually
left off the list. They spent some twelve or more days
working on this new revised roll, and completed it October
17, 1953. It is their duty under section 20, Title 30, as
amended July 7, 1945 (pocket part Code) to meet annually
between the first of August and the twentieth of December,
and to make in a well bound book a roll containing the name
of every male citizen living in the county mho possesses the
qualifications prescribed by statute and who is not exempt
by law from jury service. The commission is required to
have written on plain white cards the name, occupation,
place of residence and place of business of each person
whose name is placed on the jury roll. Those cards are
required to be placed in a metal box provided with a lock
and two keys and kept in a safe or vault in the probate
office. One of the keys is kept by the president of the jury
[fob 811] commission and one by a judge of the county.
Section 21, Title 30, as amended July 1, 1943 (pocket part
Code) prescribes the qualifications of persons to be placed
on the jury roll, as follows:
“ The jury commission shall place on the jury roll
and in the jury box the names of all male citizens of the
county who are generally reputed to be honest and in
telligent men and are esteemed in the community for
their integrity, good character and sound judgment;
but no person must be selected who is under twenty-one
or who is an habitual drunkard, or who being afflicted
with a permanent disease or physical weakness is unfit
343
to discharge the duties of a juror; or cannot read
English or who has ever been convicted of any offense
involving moral turpitude. If a person cannot read
English and has all the other qualifications prescribed
herein and is a freeholder or householder his name may
be placed on the jury roll and in the jury box. No
person over the age of sixty-five years shall be required
to serve on a jury or to remain on the panel of jurors
unless be is willing to do so. ’ ’
Section 29, Title 30 authorizes the court to tax against
the clerk of the commission or its members the cost of sum
moning for jury service any person on the roll who does not
possess the qualifications required by law.
Section 30, Title 30, provides the manner of drawing a
venire for service. That is, that the judge is required to
draw from the box without selection the cards with names
sufficient for the purpose. He shall draw not less than fifty
for service to supply a grand jury and petit juries for the
week. They are summoned to court by the clerk. By
section 38, Title 30, the judge in open court hears and acts
on excuses. The cards with the names of those left are
placed in a hat or box and the judge then draws out of the
hat or box eighteen cards for those to serve on the grand
jury. From those remaining he draws cards for the dif
ferent panels for petit jury service.
By section 63, Title 30, in all cases charging a capital
felony the venire must consist not only of those drawn
for regular petit jury service for the week but an additional
number fixed by the judge so that the venire will consist of
not less than fifty nor more than one hundred persons. A
list of them is furnished defendant at least one entire day
before the day set for trial. On the day set for trial (under
section 64, Title 30) the court must inquire into and pass
on the qualifications of all persons who appear in court in
response to summons for service. By section 52, Title 30,
before the veniremen are accepted defendant may examine
[fol.812] them as to their qualifications, interest and bias.
And by section 55, Title 30, either party may challenge any
such person for one of the causes there provided. By sec
tion 65, Title 30, the number of veniremen left, from which
344
the trial jury is taken in a capital case, cannot be less than
thirty. If less, it is recruited from the jury box. When the
venire is finally purged and a sufficient number left, a list
is made of them. From that list the State strikes one and
defendant two until only twelve are left to serve as the
trial jury. They are then sworn as such. So that every
precaution is prescribed by law to obtain a grand jury of
intelligent and competent men, and a petit jury to include
also those free from bias, interest or formed opinion.
We think it would be difficult to formulate a more perfect
method for obtaining jurymen to serve on grand and petit
juries. The first step is to get only qualified men on the jury
roll. That is those having the qualifications specified by
law and not exempt. The names of all such men in the
county should be placed on the roll and in the box every
year. That is a very difficult and delicate job for the com
missioners. They are appointed by the governor (except in
some specified localities). There is no legal reason for
quashing an indictment or venire simply because the jury
commission did not put the name of every qualified person
on the roll or in the jury box, in the absence of fraud (or a
denial of constitutional rights).—Section 46, Title 30, Code •
Bell v. Terry, 213 Ala. 160, 104 So. 336; Wimbush v. State
237 Ala. 153 (11), 186 So. 145. The commissioners have a
very delicate task to perform which involves sound judg
ment and practical discretion. Generally it is not revisable
by the courts. But they must act in good faith and not
omit a segment of people who are qualified to serve with
out a fair representation. And that applies to racial dif
ferences. There are shown to be racial distinctions in
Dallas County between the white and negro population.
There are more negroes than whites living in the county.
The figures set out in the motion in that respect are shown
to be substantially correct. The commission put into the
box and on the roll in October 1953 fifteen hundred names
/ of which two hundred and fifty to three hundred were
[ negroes, and from which the venire was drawn which fur-
| nished the grand jury and petit juries here involved. There
l was nothing on the roll or cards which indicated their race.
There had been only a small number of negroes on previous
,^jury rolls. Probably they had beep systematically left off
345
[fol. 813] such rolls on aeount of race. Very few negroes
were ever drawn on a venire. When one did appear he was
either excused at his request or stricken by a party to the
cause in selecting the trial jury. This was recognized by the
court in quashing the indictments returned June 2, 1953.
It appears that most of the criminal cases in the county
have been against negroes—said to be ninety percent of
them; and invariably negro jurymen were stricken by.
defendants on trial for that reason alone. This they had
a right to do. Negroes never sat on a grand jury nor tried
a case on a petit jury. There were seven persons known to .
be negroes on the venire from which the grand jury was j
drawn which returned the instant indictment, and twelve ;
on the venire from which the petit juries were organized
for December 7th for the trial of defendant in this ease.
The majority of the negroes are shown to be tenant farmers.
Some own their land. Some of them who are otherwise
qualified are professional men, such as dentists, doctors,
school teachers, embalmers and druggists, all of whom are
exempt. The most intelligent and competent as a rule
are exempt. The evidence showTs that a large majority of
the negroes are ignorant, with little or no education and
low moral character, and there is much venereal disease
among them and a large percentage of illegitimacy.
The evidence does not show that some negroes as well as
whites who were competent to serve and not exempt were
not put on the roll. It may be negroes were systematically
omitted prior to the roll made in October 1953, but that
was not true in making up that particular roll.
The indictment and trial here involved are controlled by
the roll then made. The prior habit of the commissioners
in respect to negroes on jury rolls can only serve to shed
light on their conduct in making up the last jury roll. But
that is not sufficient to overcome the direct positive evi-
donee showing an effort in good faith to have the negro
race fairly represented on the jury roll by negroes who are j
qualified and not exempt after indictments have been !
quashed for such previous failure. It is not appropriate
to say that they are entitled to be represented in the same
proportion as the whites are represented unless their quali
fications are in the same proportion. That does not appear.
346
The comparison without that is not an accurate guide for
a determination of the question. We think the trial court
[fol. 814] properly overruled the motion to quash the
indictment and the motion to quash the venire for use on
the trial of this cause because, we think, the evidence fails
to show that the jury commission systematically omitted
qualified and not exempt negroes from the jury roll because
they were negroes or discriminated against them on that
account, and thereby deprived defendant of due process
or the equal protection of the law. We think, therefore,
there was no reversible error in that respect.
As indicated above, the defendant also moved to quash
the indictment on the ground, in substance, that the only
evidence before the grand jury in respect to the charge
made by the instant indictment was that of an alleged con
fession which was obtained from defendant by and through
force and violence or threats of force and violence, co
ercion, torture and brutality by officers and detectives of
Selma and of Dallas County in their official capacity.
The only evidence as to the nature of the testimony be
fore the grand jury which returned the indictment on which
the instant trial was had was that of the foreman of the
grand jury. He testified with reference to cases entered
on the grand jury docket. Cases numbered 43, 44, 45, 46,
47 and 48 were eases of first degree burglary in which this
defendant was stated as the person so charged. In case
No. 43 the witnesses before the grand jury were Mrs. Jean
Heinz Rockwell and Capt. J. W. Baker. An indictment wTas
returned in case No. 43, in which Mrs. Jean Heinz Rock
well is named as the person occupying and lodging in the
house burglarized at the time. That is the indictment on
which defendant was tried in the instant case. In respect
to each of the other cases charged against this defendant,
the evidence is that two witnesses testified before the grand
jury. One was the name of a woman and the other that of
Capt. Baker. The evidence is that as to each case sepa
rately those persons appeared before the grand jury and
gave evidence which was considered by them. There was
no offer to prove the nature or effect of their testimony.
The only evidence offered by the movant was that of wit
nesses, including Capt. Baker in an attempt to show that
347
he extracted by improper means a confession from de
fendant, and therefore presumptively that is all that he
testified to before the grand jury. There was no effort to
show what Mrs. Rockwell knew and may have testified be
fore them. In the first place, there was absolutely no evi-
[fol. 815] dence that Oapt. Baker improperly extorted a
confession out of defendant.
We recognize the requirement of section 86, Title 30,
for the use of legal evidence before a grand jury. Under
that statute the general rule is that when competent -wit
nesses are examined by the grand jury or the grand jury
had before them legal documentary evidence, no inquiry into
the sufficiency of the evidence is indulged.—Sparrenberger’s
case, 53 Ala. 481.
Referring to that rule in Washington, v. State, 63 Ala. 189,
where the grand jury returned an indictment for burglary,
the Court said that it could not inquire into the contention
that, while there was proof before the grand jury that a
burglary was committed, no legal evidence was given that
accused was the guilty offender.
That is the exact contention here made. There was testi
mony given by Mrs. Rockwell. She had a legal right to
testify. What was the nature of that testimony could not
be inquired into. According to those cases, if Mrs. Rock
well had been the only witness this motion should have been
overruled. We cannot inquire into the nature of Capt.
Baker’s testimony and no attempt was made to do so. If
legal evidence is given, we may add, an indictment is not
subject to be quashed because there was illegal evidence
also given. This rule is not abridged by Allen v. State,
162 Ala. 74, 50 So. 279. In that case reference was made
to section 7776, Code of 1907 (section 489, Title 7, Code of
1940) which prohibits an indictment (or conviction) for
seduction on the uncorroborated testimony of the woman.
It was held that the Sparrenberger case, supra, did not pro
hibit evidence that there was before the grand jury no
corroborating evidence as specifically required by that
statute. It can be shown on a motion to quash an indict
ment that there was before the grand jury no competent
witness or legal documentary evidence, but not its insuffi
ciency or that there was also illegal evidence (except as
348
required by statute applicable to that situation.—Ex parte
State, ex rel. Attorney General (in re Gore v. State), 217
Ala. 68, 114 So. 794; Mackey v. State, 186 Ala. 23, 65
So. 330; Clark v. State, 240 Ala. 65 (20-21), 197 So. 23.
The motion to quash was properly overruled.
A jury was organized to try the cause. The defendant
pleaded not guilty and not guilty by reason of insanity.
During the progress of the trial objections to evidence were
overruled and exceptions noted. We will not undertake to
analyze each of them separately, but will discuss those which
[fol. 816] are important. We have examined the entire
record and given consideration to all questions shown,
whether discussed or not.
The first one we wish to discuss is the admissibility of a
tape recording offered and received in evidence. Since it
| contained a confession by defendant, it is necessary also to
inquire as to whether such confession was voluntary, or
induced by force, coercion, threats, personal injuries or tire
some examination sufficient to destroy his volition, or hope
of any sort held out to him. Of course any confession so
obtained violates the constitutional rights of a person
charged with the commission of a crime and cannot be used
as evidence against him in a criminal case.—Chambers v.
Florida, 309 U. S. 227, 60 S. Ct. 472. It is different from the
right to use evidence obtained by an unreasonable search
and seizure of such person; for evidence so obtained may
be used against him on trial in a state court for violating
a state law without a violation of the Fourteenth Amend
ment.—Wolf v. People, 338 U. S. 25, 69 S. Ct. 1359; Irvine
v. People, 347 U. S. 128, 74 S. Ct. 381.
We have often held that Alabama law and procedure do
not prohibit the use of testimony so obtained on trial for
a state crime in state court.—Oldham, v. State, 259 Ala. 507,
67 So. 2d 55; Ingram v. State, 252 Ala. 497, 42 So. 2d 36.
It seems to be a well settled principle that a magnetic tape
recording may be used as evidence when it is of matters
otherwise legal, and provided the proper safeguards are
shown to have been used so as to protect the recording
against error or spoliation. The speakers as recorded
should be properly identified and adequate safeguards taken
to insure authenticity.—William Claud Wright v. State, MS
349
(Alabama Court of Appeals); Goldman v. United States,
.316 IT. 8.129, 62 S. Ct. 993; United States v. Schanrman, 150
Fed. 2d 941 (6); State v. Perkins, 198 S. W. 2d (Mo.) 704,
168 A. L. R. 920, annotation 927; Ray v. State, 57 So. 2d
(Miss.) 469; Williams v. State, 226 Pae. 2d (Okla.) 989.
The evidence in this case justifies the use of the recording
as evidence of matter which is legal and relevant otherwise.
But objection was made that the recording was evidence of
a confession by defendant, and that it did not sufficiently
appear from the evidence that the confession was voluntary,
ffol. 817] The evidence was without conflict that it was vol
untary. The authorities sustain our view that questioning 1
a suspect in custody of the law is not prohibited by common
law or the Constitution (nor by statute, we may add), and
a confession so obtained is not for that reason alone ren
dered inadmissible.—Phillips v. State, 248 Ala. 510, 28 So.
2d 542. In this case the evidence showed without conflict j
that the officers did not intimidate appellant in any way. j
They were not armed when he made the recorded statement.
He was in prison under protection against possible attack
by others. But there was not shown to be threats of vio
lence by the public or unusual excitement. He was not
abused, nor questioned at such length and under such con
ditions as to break his resistance, but he gave details which J
were corroborative of that given by the State’s chief wit
ness. It is for the trial judge to determine whether the evi- j
dence shows that the confession was voluntary, and for the
jury to give it such weight as they think proper. The deci
sion of the trial court will not be disturbed on appeal unless
it appears to be contrary to the great weight of the evi
dence.—Reeves v. State, 260 Ala. 66, 68 So. 2d 14; Dennison
v. State, 259 Ala. 424, 66 So. 2d 552; Myhand v. State 259
Ala. 415, 66 So. 544; Fewell v. State, 259 Ala. 401, 66 So. 2d
771.
The evidence here without conflict supports the finding
of the trial court.
But appellant contends that he was denied the right to
controvert the State’s evidence in that respect. Before the
court made a ruling on the admissibility of the alleged con
fession defendant’s counsel offered “ to put this defendant
pn the stand for the purpose of refuting certain allegations
350
by the state with reference to the voluntary nature of what
purports to be certain extra-judicial admissions and for no
other purpose” . The court declined to agree with defend
ant’s counsel that his appearance as a witness could be
limited to that inquiry.
Defendant had the legal right before the confession was
admitted to introduce evidence of legal matter to refute
that of the State tending to show that the confession was
voluntary.—People v. State, 256 Ala. 612, 56 So. 2d 665; Ver
non v. State, 239 Ala. 593, 196 So. 96; Lockett v. State, 218
Ala. 40 (8), 117 So. 457.
In making this offer the defendant’s counsel did not in
form the court just what facts he expected to prove bp the
witness, except his conclusion that they would ‘ ‘ refute cer-
[fol. 818] tain allegations of the State” with reference to
the voluntary nature of defendant’s confession. We have
long since held, notwithstanding section 445, Title 7, Code,
that we will not reverse for such a refusal by the trial court.
—Flowers v. Graves, 220 Ala. 445,125 So. 659; Alaga Coach
Co. v. McCarroll, 227 Ala. 686, 151 So. 834; Strickling v.
Whiteside, 242 Ala. 29, 4 So. 2d 416.
Of course it is the privilege of a defendant in a criminal
case not to testify, but he may elect to do so.—Section 6,
Constitution of Alabama.
At the time this offer was made the trial was proceeding;
the jury had been selected and sworn, and the issues stated
to them. Defendant had pleaded not guilty and not guilty
by reason of insanity. All evidence tending to prove
either of those issues was open to both parties. The
State was offering a confession and had made a prima
facie showing of its admissibility. The corpus delicti had
been shown. If defendant saw fit or elected to testify as to
that question, it was as to an issue then being tried. He
•would thereby subject himself on cross examination to be
questioned as to any,relevant matter pertaining to his guilt
or innocence or sanity.1\ If he proposed to testify to facts
showing that the confession was unduly influenced, he cer-
tainly ought to respond to questionsjas to'
and to any matter relevant thereto. |Tle cannot restrict*
the nature of the relevant testimony he proposes to give.—
Kelly v. State, 160 Ala. 48, 49 So. 535; Carpenter v. State,
351
193 Ala. 51, 69 So. 531; Gast v. State, 232 Ala. 307, 167 So.
554; Brown v. State, 243 Ala. 529,10 So. 2d 855. Therefore,
for two reasons the trial court cannot be put in error on
account of such proposal. *__
There was also introduced in evidence a written confes
sion signed by defendant while in Kilby. The confession
was taken down by a stenographer, written up by her, read
to defendant and signed by him. It was shown that this
was voluntary on the part of defendant. The Court allowed
it as evidence without error.
The evidence showed that on or about March 18th, preced
ing April 24, 1953, Mrs. Stenson was in bed asleep at about
10:00 o ’clock P. M. at her home in Selma when she was
awakened: defendant was on top of her with a knife at her
throat and threatened to kill her if she screamed, and that
he had forcible intercourse with her. Mrs. Binford, on
another occasion, found defendant in her bathroom in her
home in Selma on May 1, 1953 at twenty minutes to eleven
[fol. 819] at night. He was there for about seven minutes
and went out of the small bathroom window. No evidence of
other details was offered.
The State offered this evidence solely on the question of
intent and identity of defendant and his motive on the oc
casion then on trial, and the court instructed the jury that
such evidence was received for that purpose only. Ob
jection was overruled and defendant excepted.
We have pointed out “ that evidence which goes no fur
ther than showing character generally or disposition to
commit crime is, of course, inadmissible, but if such evidence
goes further than showing character and bears probatively
on the intent with which the act was committed, it is none the
less admissible though it might also tend to discredit the de
fendant’s character.” —McKenzie v. State, 250 Ala. 178, 33
So. 2d 488; Noble v. State, 253 Ala. 519, 45 So. 2d 857; Mason
v. State, 259 Ala. 438, 65 So. 2d 557.
Those two incidents mentioned above both have such
peculiar qualities of a similar nature or pattern as to point
to defendant as the guilty agent in respect to the offense
here on trial, and to show that his intent was to ravish as
alleged in the indictment.—Johnson v. State, 242 Ala. 278,
5 So. 632; Robinson v. State, 243 Ala. 684, 11 So. 2d 732;
Daniels v. State, 243 Ala. 675, 11 So. 2d 756; Brasher v.
State, 249 Ala. 96, 30' So. 2d 31; McKenzie v. State, supra;
Noble v. State, supra; Mason v. State, supra.
We have examined with care the entire record and the
exceptions noted as well as the legality of all the evidence
offered against defendant regardless of whether exception
was noted or not, and whether or not assigned as error.—
Title 15, section 382 (10), Pocket Part Code. Errors were
unnecessarily assigned.—Title 15, section 389, Code. We
find no error of the trial court which was injurious to the
defendant.—Section 389, supra.
The oral charge of the court and those given as re
quested by the defendant correctly and intelligently covered
every aspect of the law involved, including the burden of
proof, the elements of the offense, the plea of insanity, and
character evidence. This completely covered the few charges
which the court refused.
We find no reversible error, and the judgment should be
affirmed.
The foregoing opinion was prepared by Foster, Super
numerary Justice of this Court, while serving on it at the
[fol. 820] request of the Chief Justice under authority of
Title 13, section 32, Code, and was adopted by the Court
as its opinion.
Affirmed.
Livingston, C. J., Simpson, Stakely and Goodwyn, JJ.,
concur.
Lawson and Merrill, JJ., concur specially as indicated.
Mayfield, J., concurs in result.
L aw son , J ustice (con cu rrin g sp ec ia lly ).
I cannot agree with that part of the opinion holding that
the defendant was not entitled to testify as to the facts and
circumstances concerning an alleged confession or confes
sions which the State introduced under the circumstances
shown in the court’s opinion without thereby subjecting
himself to cross-examination as to matters pertaining to his
guilt or innocence, sanity or insanity.
While I am not willing to say that the trial court should
be reversed in this particular case because of its ruling on
353
this point, I wish to record my position concerning that
ruling.
Merrill, J., concurs in the foregoing views.
[fo l. 821] I n th e S uprem e C ourt op A labama
W illiam E arl P ikes
vs.
T he S tate op A labama
J udgm ent op A ffirm ance— May 12, 1955
Come the parties by attorneys, and the record and mat
ters therein assigned for errors, being submitted on briefs
and duly examined and understood by the Court, is con
sidered that in the record and proceedings of the Circuit
Court there is no error.
It is therefore considered, ordered, and adjudged that the
judgment of the Circuit Court be and the same is hereby in
all things affirmed.
The time fixed by the judgment and sentence of the Cir
cuit Court for the execution of the prisoner, William Earl
Fikes, having expired pending this appeal, it is now ordered
that Friday, July 1st, 1955, be and the same is hereby fixed
as the date for the execution of the Defendant, William
Earl Fikes.
It is further ordered that the Sheriff of Dallas County,
Alabama, deliver the Defendant, William Earl Fikes, to
the Warden of Kilby Prison at Montgomery, in Mont
gomery County, Alabama, and that the said Warden at
Kilby Prison in Montgomery County, Alabama execute the
judgment and sentence of the law on Friday, July 1st, 1955,
[fol. 822] on said day in said prison, by causing a current of
electricity of sufficient intensity to cause death to pass
through the body of the said William Earl Fikes until he is
dead, and in so doing he will follow the rules prescribed by
the Statutes.
It is also considered, ordered, and adjudged that the ap
pellant, William Earl Fikes, pay the costs of appeal of
354
this Court and of the Circuit Court, for which costs let
execution issue accordingly.
[fo ls . 823-825] I n th e S uprem e Coubt of A labama
(Title omitted)
M otion for R ehearing—May 25, 1955
To the Honorable Chief Justice and Associate Justices of
the Supreme Court of Alabama:
Comes now William Earl Fikes, Appellant in the above
styled cause, and moves this Honorable Court to grant unto
him a rehearing in said cause, and to reverse, revise and
hold for naught its judgment rendered on to-wit: May 12,
1955, affirming the judgment of the Circuit Court of Dallas
County, Alabama, and to enter an order reversing said
judgment.
Submitted herewith is a brief and argument in support
of said motion.
(S.) Peter A. Hall, Orzell Billingsley, Jr., Attorneys
for Appellant.
Certificate of service (omitted in printing).
[fols. 826-832] In the S upreme Court of A labama
[Title omitted]
Order D en yin g R ehearing—June 23, 1955
It is ordered that the application for rehearing filed by
the appellant in this cause on May 25, 1955, after being duly
examined and considered by the Court, be and the same is
hereby denied and overruled. (No opinion written on re
hearing.)
355
[fols. 833-834] S uprem e C ourt op th e U nited S tates
[Title omitted]
Order E xtending T im e to F ile P etition por W rit of
Certiorari
Upon Consideration of the application of counsel for
petitioner,
It is ordered that the time for filing petition for writ of
certiorari in the above-entitled cause be, and the same is
hereby, extended to and including November 20th, 1955.
Hugo L. Black, Associate Justice of the Supreme
Court of the United States.
Dated this 14th day of September, 1955.
[fo l. 835] S uprem e C ourt of th e U n it e d S tates, O ctober
T erm , 1955
No. 378 Misc.
Order G ranting M otion for L eave to P roceed I n F orma
P auperis and P etition for W rit of Certiorari—March
26, 1956
On petition for writ of Certiorari to the Supreme Court
of the State of Alabama.
On consideration of the motion for leave to proceed herein
in forma pauperis and of the petition for writ of certiorari,
it is ordered by this Court that the motion to proceed in
forma pauperis be, and the same is hereby, granted; and
that the petition for writ of certiorari be, and the same is
hereby, granted and the case is transferred to the appellate
docket as No. 801.
(988-6)
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