Eaton v. James Walker Memorial Hospital Board of Managers Deposition of Doctors - Volume I

    IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 

WILMINGTON DIVISION
Civil Action No. 932

HUBERT A. EATON, et al,
Plaintiffs,

v.
THE BOARD OF MANAGERS OF JAMES 
WALKER MEMORIAL HOSPITAL, a Body 
Corporate, et al,

Defendants.

DEPOSITIONS OF DOCTORS:
Barefoot 
Black 
Crouch 
Dorman 
Gibson 
Grove 
Fales 
Koonce 
Mason 
Murchison 
Perritt 
Reynolds

VOLUME I of two volumes

auerWitia y. JJ,

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 

WILMINGTON DIVISION
Civil Action No. 932

HUBERT A. EATON, et. al.,
Plaintiffs, 

v.
THE BOARD OF MANAGERS OF JAMES WALKER 
MEMORIAL HOSPITAL, a Body Corporate, 
et. al.,

Defendants.

Depositions of the above-named witnesses were 
taken by plaintiffs before the undersigned Wilda Y. Hauer, 
Official Court Reporter and Notary Public, on Tuesday,
July 20, 1965, beginning at 9:15 a.m. in the courtroom 
of the United States Customhouse, Wilmington, North 
Carolina, and continuing through Wednesday, July 21, 1965.

APPEARANCES
For Plaintiffs:

Michael Melesner, Esq.,
10 Columbus Circle, New York City 10019 

Julius LeVonne Chambers, Esq.,
405^ East Trade Street, Charlotte, N. C.

For Defendants;
Cyrus D. Hogue Jr., Esq., and William S. Hill, E 

Post Office Box 1268, Wilmington, N. C.

Depositions of 
Twenty-two 
Witnesses Listed 
in Index to 
Volumes I and II.



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I N D E X

Direct Cross Redirect Recross
Dr. Graham Ballard Barefoot 3 7 9 —

Dr. Paul A. L. Black 12 18 19 22
23 27

Dr. Walter Lee Crouch 28 36 37 —
Dr. Bruce Hugh Dorman 41 49 5g58 56

Dr. James F. Gibson 59 69 71 —
Dr. Raymond S. Grove 73 74 75 mm mm

Dr. Robert Martin Fales 78 — — mmmt

Dr. Donald B. Koonce 81 97 98 —
Dr. L. B. Mason 102 116 120134 133
Dr. David Murchison 140 155 156 mm mm

Dr. John 0. Perritt, Jr. 158 l6o — —

Dr. Frank R. Reynolds 162 166 167

REPORTER'S NOTE; Mr. Meltsner's name l6  

incorrectly spelled M-e-l-e-s-n-e-r in most of the 
depositions.

Corrections and/or changes made by doctors
at time of signing noted in longhand and red ink, with 

le exception of one note on page 247 typewritten by reporter 
1th reference to note made by Dr. Wells at time of signing his 
“position.



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D R.  G R A H A M  B A L L A R D  B A R E F O O T , having

been duly sworn, testified as follows:

DIRECT-EXAMINATION

BY MR. MELESNER:
Q Will you state your full name, please.
A Graham Ballard Barefoot.
Q You are a physician?
A Physician; radiologist.
Q Your specialty is---
A Radiology.
Q How long have you been practicing, Dr. Barefoot? 
A I graduated on June 1, 1923.
0 Have you been practicing in Wilmington since 

that time?
A I have been practicing in Wilmington since

January 1, 1930.
Q Are you a member of the staff of the James 

Walker Memorial Hospital?
A I am a member of the staff of James Walker 

Hospital.
Q Is a significant portion of your practice 

carried out at that hospital?
A It's all carried out there at the present



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time.
Q It's Important to your practice to use the 

hospital?
A Well, my office Is in the hospital and I don't 

have any other office except in the hospital. All of 
my practice is in the James Walker Hospital.

Q Do you attend meetings of the medical staff 
of the hospital?

A I do.
Q To your knowledge are minutes kept of those 

meetings?
A They are.
Q Are the qualifications of physicians who

apply for medical staff privileges at the hospital 
discussed at those meetings?

A They have committees who are appointed to
inspect the qualifications of the applicants and they 
are reported back to the staff.

Q And then the staff votes?
A And then the staff votes by a letter.
Q It doesn't vote at a meeting?
A It doesn't vote at a meeting.
Q So these qualifications aren't discussed at 

the meetings?
A They are not discussed. They tell whether



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the man is qualified or whether he Isn't qualified, and 
then he Is voted by letter.

Q The reports tell?
A The reports tell.
Q Did you receive In December of 1964 and again 

in February of 1965 a letter concerning the application 
of Dr. Eaton to the hospital?

A I did.
Q Ylhat did you do with those letters?
A Threw them in the wastebasket.
Q And under the hospital by-laws what does that

mean?
A That means that I voted for him. If they 

don't get it within ten days - I don't know whether it
is a week or ten days - then you voted affirmatively
for the applicant. Unless you mark a negative vote on 
there and mail it in - if you don't return the letter - 
it's voted affirmatively.

Q And so you voted for Dr. Eaton's application?
A I voted for Dr. Eaton.
Q Do you know of anything that would reflect 

negatively on Dr. Eaton's competence as a physician?
A I do not.
Q Do you know of anything which would reflect 

negatively on his qualifications for a staff membership



at the hospital?
A I do not.
Q Do you have any idea why he was denied staff 

membership?
A I do not. Ihe only reason that I would know 

why he wasn't accepted, if a certain number of the staff 
vote against him - I don't recall Just what that number 
is - then they are not passed.

Q But you don't know the reason?
A I wouldn't know the reason. If it's three or 

four - I have forgotten how many it is - I don't 
remember. Although I have been there all this number 
of years, I don't remember how many it takes to turn a 
fellow down.

0 You are in the hospital most of the time?
A Spend most of my time right in the hospital.
Q Wouldn't you know about a reason if one 

existed?
A It's never been discussed. I have heard no­

body mention it except a lot of them were disappointed 
when they said Dr. Eaton was turned down, and nobody 
knew why. But it was never discussed. And I see many 
of the staff members every day.

Q Was the report of the committee which in­
vestigated Dr. Eaton's qualifications important to you



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in deciding to vote for him? Did you vote for him in 
part because the committee passed his qualifications?

A I voted for Dr. Eaton because I have known 
him all through the years and he has been a very nice 
gentleman, and I voted for him because I thought he 
deserved to be on the staff.

MR. MELESNER: I have no further questions.

CROSS-EXAMINATION

BY MR. HOGUE:
q Doctor, you say you have been on the staff of 

the hospital 3ince 1923?
A Well, I graduated in 1923.
Q How long have you been on the 3taff of the 

hospital?
A Since January --no, February 1, 1930, when 

I came back as a radiologist.
Q So you have been on the staff there for some

35 years?
A 35 years, yes, sir.
q  Was the procedure with respect to Dr. Eaton's 

application handled in any way different, to your 
knowledge, from any other doctor who has applied for 
that staff?



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A Ab far as I know it was handled Just like 
anybody else's.

0 Isn't it true, Doctor, there are presently 
two Negro doctors on the staff of Janies Walker Hospital?

A Yes, sir.
Q Dr. J. W. Wheeler?
A Yes, sir.
Q And Dr. Daniel Roane?
A That's right.
Q And I believe Dr. S. J. Gray was also accepted

on the staff?
A I believe so.
Q Would you state whether or not the procedures 

used with respect to Dr. Eaton's application were used 
with respect to the applications of Drs. Wheeler and 
Roane and Gray?

A So far as I know they were identical - I mean 
the way it was handled.

Q Now, Doctor, do you of your own knowledge know 
of any white doctor whose application has been voted down 

by the staff?
A Well, through the years I have known several.
q You have known several?
A Yes, sir. They would make reapplication and 

eventually were accepted by the Board of Managers.



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Q Dr, Barefoot, did you ever know Dr. Kennon 
Walden?

A Uie surgeon of the Coast Line?
Q Yes, sir.
A Yes, sir, I knew him very well.
Q Was he ever on the staff of the hospital?
A Not that I recall.
Q Doctor, do you know when the applications 

of Dr. Wheeler and Dr. Roane and Dr. Gray were approved 
by the medical staff?

A No, sir, I don't recall.
MR. HOGUEs I have no further questions.

REDIRE C T-EXAMINATION 

BY MR. MELESNER:
Q You mentioned Dr. Walden was the surgeon 

or the doctor for the Atlantic Coast Line Railroad?
A Yes, sir; chief surgeon for the Atlantic 

Coast Line Railroad.
Q Do you know anything about a controversy 

between Dr. Walden and other physicians in Wilmington?
A I recall that there was some controversy, 

but what it was - it's been too long - I don't recall 
Just what it was.



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Q Let*s see if I can refresh your recollection.
Dr. Walden was the medical director and chief surgeon for 
the railroad; is that correct?

A Ihat’s right.
Q And the railroad had its home office here in 

Wilmington at that time?
A That1s right.
Q Wasn’t there a fear in the medical community 

that if Dr. Walden were placed on the staff of the James 
Walker Hospital, he would then treat all of the Coast 
Line employees?

MR. HOOUE: I want to put an objection
in the record to that. I don't know whether--

A I don't think there was any fear of that type 
as far as I know.

Q What was the fear?
A As I say, I don't recall. It has been so long, 

and it just didn't register with me. I don't recall Just 
what the situation was.

Q Did Dr. Walden leave Wilmington?
A He left, but I don't know what became of him.
Q Do you know when he left?
A No, sir, I don't.
Q Do you know anything about the railroad's 

arrangement with another hospital in the Wilmington area



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for the treatment of its employees?
A I don't recall just exactly what there was.

I remember something to that effect, but what it was I 
don't recall.

Q You remember that there was such an arrange­
ment?

A I remember that there was something said about 
it. But now, whether there was such an arrangement, I 
don't know; I wouldn't be qualified to state whether 
there was or there wasn't. It didn't register with me.

Q Did the railroad subsequently leave Wilmington, 
remove its home office from Wilmington?

A Ihey finally moved to Jacksonville, Florida, 
moved the home office down there.

HR. MELESNER: I have no further questions.
MR. HOGUE; No further questions.

Signature of Witness:



L A W Y E R ’ S NOTES

P a g e L in e



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p R . P A U L  A. L. B L A C K ,  having been duly sworn,
testified as follows:

DIRECT-EXAMINATION

BY MR. MELESNER:
Q Will you state your full name, please •
A Paul A. L. Black.
Q You are a physician?
A Right.
Q What is your medical specialty, 3ir?
A Eye, ear, nose and throat.
Q How long have you practiced in this community?
A Since 1938*
Q Are you a member of the staff of the James

Walker Memorial Hospital?
A Yes, sir.
Q Are you a member of the staff of the Community

Hospital?
A Yes, sir.
Q As a member of the staff of the Community 

Hospital have you had occasion to know and observe Dr. 
Hubert Eaton?

A Yes, sir.
Q For how many years, approximately?



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A Probably fifteen.
Q Did you In December of 1964 and again in 

February of 1965 receive a letter from the medical staff 
president of the James Walker Memorial Hospital with 
respect to Dr, Eaton's application for courtesy staff 
privileges at the hospital?

A Yes.
Q What did you do with this letter?
A I didn't return it to the hospital. I don't

recall; it probably stayed on my desk for a little while.
Q What is your understanding of the meaning of 

not returning the letter?
A It was a vote in favor of the individual.

I usually don't return them.
Q Do you know why Dr. Eaton was denied staff 

membership at the James Walker Memorial Hospital?
A No, sir.
© Was his application ever discussed in a meeting 

of the staff of the James Walker Hospital?
A Not to my knowledge.
Q Did you attend staff meetings regularly?
A Yes, sir.
Q And you recall no discussions?
A Nc, sir.
Q Do you think you would have heard it if there



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had been discussion?
A Well, I don’t attend all staff meetings; I 

attend most of them, the majority of them. I would have 
if I had attended. I didn't know that it was discussed 
at the time.

Q Were you aware that Dr. Eaton's application 
had been passed by the credentials committee of the 
hospital?

A I recall that there was something said about 
his credentials had been passed.

Q Did that carry weight with you?
A Well, a3 I told you, I did not return the

letter, and I wouldn't see where that would have any 
weight with me one way or the other.

Q That was an affirmative vote - not returning 
the letter?

A Right.
Q Let me ask you this: If nothing was said

at a staff meeting aside from the report of the credentials 
committee, can you think of any way in which a staff 
member like yourself receives information concerning a 
particular applicant?

A Might from private discussion.
Q Private discussion?
A Right.



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Q And when you voted for Dr. Eaton, was this 
on the basis of your experience and observation of him? 

A Yes.
Q Did you perform surgery at the Community

Hospital?
A
Q
A
Q

should be 
Hospital?

Yes, sir.
Do you still do so?
Yes, sir.
Can you think of any reason why Dr. Eaton 

denied staff membership at the James Walker

A I have no reason to deny it.
Q Can you think why anyone else would?
A Well, a person can think a lot of things and

discard their thoughts.
Q You’ve discarded any thoughts that you have?
A I presume.
Q Let me ask you this, Doctor: Generally every

white physician in the Wilmington area or in the City of 
Wilmington is a member of the courtesy staff of the James 
Walker Memorial Hospital; is that correct?

A Either that or the attending staff.
Q Are you a member of the North Carolina Medical 

Society and its county affiliate here in Wilmington?
A Yes, sir.



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q Are most of the physicians on the courtesy
and attending staff at the hospital members of that 
society?

A I believe so.
Q What is your understanding of the role of a 

staff member voting on an application for staff member­

ship?
A State that question again, please.
Q What is your understanding of the role of a 

physician who is voting, passing on the application of 
another physician?

A I think it's up to him to decide whether he 
wants to vote or whether he doesn't want to vote.

Q For any reason he sees fit?
A Right.
Q I believe you said it's up to him whether 

or not he votes. Do you mean votes for or against an 
applicant ?

A It's up to him, yes, sir.
q  And he should be free to do so as he wishes?
A Right.
q  wouldn't that permit physicians on the staff 

to reject people for any subjective reason they have - 
say, if they had heard some rumor about him?

A I think they could be swayed by it or have an



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opinion.
Q Isn't that a fault In the procedure; isn't 

that a risk in this procedure, this voting procedure?
A I think it's a risk in any vote.
Q To your knowledge has the hospital or the 

staff ever set out in writing any guidelines, standards, 
which should govern the vote?

A Well, there are standards which I believe are 
in the by-laws.

Q Aside from those.
A You mean whether a person should vote one way 

or the other just on an opinion basis or hearsay basis 
or something like that? I don't quite get what you are 
fishing for.

Q My question is: are there any written 
standards which the medical staff or the Board of 
Managers has written down to guide physicians in con­
sidering other physicians - any criteria?

A I don't think there are any more guidelines 
than there is for voting for the President of the United 
States. People vote as they wish.

Q You think it's about the same?
A I think it's the same, yes, sir.

MR. MELESNER: I have no further ques­
tions.

i



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CROSS-EXAMINATION

BY MR. HOGUE:
Q Dr. Black, you have been on the staff of the 

hospital since 1938} Is that correct?
A Yes, sir.
Q Has this procedure been used with respect

to applicants of the staff ever since you have been on 
It?

A Yes, sir.
Q The procedure for voting?
A Yes, sir.
Q Was Dr. Eaton's application handled the same

way yours was?
A Yes, sir. I was blackballed one time.
Q You say you were turned down one time?
A Yes, sir.
Q

correct?
And then later your reapplied; is that

A Yes, sir.
Q And were taken on the staff?
A Yes, sir.
Q Isn't it true that Dr, William J. Wheeler,

a Negro doctor, Is on the staff at the present time? 
A Yes, sir.



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Q And Dr. Daniel C. Roane?
A Yes, sir.

MR. HOGUE: No further questions.

REDIRECT-EXAMINATION

BY MR. MELESNER:
Q Did you use the word "blackball”?
A Well, you can call it anything you want - re­

jected - voted against you.
Q But you used the word "blackball,” didn't you?
A Yes, sir. I think that is pretty plain when 

a person is rejected.
Q Right. Only here a man's living is at stake, 

isn't it?
A I presume. Pretty much in voting anything 

something is at stake.
Q If you didn't have possible affiliation, 

Doctor, as a man who does surgery your income would be 
cut, wouldn't it?

A Hiere are other hospitals,
Q Well, if you didn't have any hospital 

affiliation.
A I presume it would affect it.
Q Well, where could you do your operating?



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A If this was the only hospital; is that what you
mean?

Q That is my question, yes.
A I don’t know. I operate in five different 

hospitals. I don’t have that problem. I don’t have any 
opinion about it.

Q Well, it is true, is it not, that to a surgeon 
a hospital and staff affiliation in a hospital is ex­
tremely important?

A Yes.
Q When your application was rejected, when you 

were "blackballed”, was your application to the courtesy 
staff?

A It was to the attending staff.
Q Kie attending staff?
A Right.
Q When you were later placed on the staff, was 

it the medical staff which placed you there, or was it 
the Board of Managers?

A The recommendation comes from the doctors to
the Board of Managers and they appoint, as I understand 
it.

Q So you were blackballed for the attending
staff?

A Right.



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Q But you had courtesy privileges at that tine? 
A Right.
Q So you were on the hospital staff when this 

occurred?
A That *s right.
Q That's correct?
A Eiat's correct.
Q You could have used the facilities of the

hospital?
A Oh, yes.
Q Well, what is the difference between the 

courtesy and the attending staff?
A There isn't hardly any difference any more; 

there used to be.
Q Was there a difference when you applied?
A Ye3, sir.
Q What was it?
A Well, there were teaohing privileges, and the 

right to vote, and so on. Part of that still exists, 
but the courtesy and the attending staff is practically 
the same thing now as far as patients are concerned.

Q But not as far as the voting on applications 
is concerned; is that true?

A The voting is only by the attending staff,
I understand



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Q So Dr. Wheeler Is not on the attending staff?
A Well, it's practically the 3ame thing except 

for voting,
Q He did not vote, as far as you know, on Dr. 

Eaton's application?
A I don't believe he can. I don't believe he 

is on the attending staff. I really don't know about that; 
I don't know whether he Is on the attending staff or 
not, I haven't kept up with it.

Q Would you expect the same thing that is true 
for Dr. Wheeler would be true for the other Negro 
physician on the staff?

A I don't think It has anything to do with
race,

Q I'm asking you whether or not Dr. Roane is 
on the attending staff now or the courtesy staff?

A I have no knowledge, because I don't know 
whether he has applied. I would say that there is 
essentially no difference as far as the care of patients 
is concerned.

MR. MELESNER: I have no further questions.

RECROSS-EXAMINATION

BY MR. HOGUE:



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q  Do you know whether or not any other white 
doctors have been voted down upon application to this 
staff, either attending or courtesy?

A I think there are lots of them that were voted 
down, yes, sir.

MR. HOGUE: No further questions.

RE DIRE C T-EXAMINATION

BY MR. MELESNER:
Q Would you name any physicians you know of who 

have been rejected for the courtesy staff who were not 
on the staff?

A I don't know any names at the present time.
Q Have you ever been acquainted with Dr. Kennon 

C. Walden?
A Yes, sir; not well, but I knew him. He was 

the Coast Line physician and surgeon.
q  Do you know that Dr. Walden was denied member­

ship at the hospital?
A I think he was denied some privileges; it 

was probably surgical. Whether he was denied courtesy 
privileges, I do not know.

Q Isn't that strange - a man who was chief 
surgeon for the Atlantic Coast Line Railroad and he is



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denied staff or surgical privileges at the James Walker 
Hospital?

A I don't know the reason why he wa3 denied.
Q Do you think it had to do with his medical

competence?
A I would think not, but I don't know. His 

practice of medicine didn't have anything, really, to 
do with mine; he was the Coast Line surgeon.

Q Is the Coast Line a large business in Wilmlng
ton?

A Used to be,
Q It moved out?
A Most of it.
Q Do you know anything about the arrangements 

which the railroad, the Coast Line, made with a small, 
private hospital in the community to take care of the 
medical needs of its employees?

A I have no knowledge. I have heard that they 
had an arrangement, ye3, sir; but as far as that is 
concerned, I have no knowledge or opinion about it. It 
did not concern me.

Q Did Dr. Walden leave Wilmington after he was 
denied full privileges at the hospital?

A I ’d say yes, but it didn't have anything to 
do with his being denied privileges.



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Q Do you know why he left?
A No.
Q Do you know why the railroad left?
A You tell me.
Q You don't know; that's the answer?
A Right.
Q Now, were you acquainted with a Dr. William 

J. Wilson who practiced in Wilmington?
A Yes, sir.
q Was he denied courtesy staff privileges at

the hospital?
A I don't know. I don't remember whether he

was ever denied it or not.
Q He was on the staff of the hospital at one time, 

wasn't he?
A Yes, sir.
Q Would you say that there may have been a 

legitimate reason for the denial of the privileges of 
Dr. Wilson which had nothing to do with his medical 
competence?

A Hearsay; and I wouldn't give an opinion on it.
Q On the basis of hearsay, would there have 

been such a reason?
A I think so if there was enough of a problem.
q Doctor, I don't think any of us here want to



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get into this in any detail—
A I must be the first one.
Q Pardon me ?
A I say I must be the first one this morning.
Q You are the second. Ttoere was a condition,

was there not, of general knowledge, shall we say, 
suffered by Dr. Wilson which might have interfered with 
his competence at the hospital.?

A State that again.
MR. MELESNSR: Strike the question. You

are perfectly correct.
q  Dr. Wilson suffered from a disability which 

might have interfered with his practice at the James 
Walker Hospital; is that not correct?

A I guess you are telling me.
Q I»m asking you.
A I don*t know anything about his personal life. 

He practiced a different segment of medicine, and very 
infrequently he crossed my field of medicine. In other 
words, I attend to my own business.

Q You mean you have never heard that Dr. Wilson 
appeared at the hospital on numerous occasions apparently 
under the Influence of alcohol?

A I have heard things like that. I have heard
things about lots of people.



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Q But you have heard it about Dr. Wilson?
A I presume so, yes, sir.

MR. MELESNER: I have no further questions.

RECROSS-EXAMINATION

BY MR. HOGUE:
Q Doctor, the failure of a doctor to be elected 

to the medical staff could be based on ethical and moral 
grounds as well as medical competency] isn't that 
correct?

A Correct.
MR, HOGUE: I have no further questions.

Signature of Witness:



L A W Y E R ’ S NOTES

Page Line



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D R.  W A L T E R  L E E  C R O U C H *  h a v in g  been  d u ly

sworn, testified as follows:

DIRECT-EXAMINATION

BY MR. MELESNER:
Q Will you state your full name, please.
A Walter Lee Crouch.
Q You are a physician?
A I am a physician, a pediatrician.
Q How long have you practiced medicine?
A Nineteen years,
Q How many of those years in Wilmington?
A Thirteen.
q  Are you on the staff of the James Walker Memorial 

Hospital?
A I think so, the last time I heard.
Q Did you in December of 1964 and again in

February of 1965 receive a letter from the medical 
staff president with respect to the application for 
courtesy staff privileges of Dr. Eaton?

A Yes, sir.
Q Do you recall how you voted at those times?
A Yes. As well as I remember, I didn't reply,

which is an affirmative.



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Q Do you attend meetings of the staff of the
James Walker Hospital?

A I do, but mainly the pediatric staff. You 
see, we have the staff subdivided. We have quarterly 
general staff meetings, and we have pediatric staff 
meetings monthly except for the quarter in which we have 
general staff meetings.

q  With respect to the general staff meetings 
do you recall the application of Dr. Eaton being dis­
cussed?

A Yes, a little bit.
q  What was the nature of the discussion?
A That this would happen if he wasn't put on 

the staff. We were told that we had better see if we 
couldn't get him on the staff, otherwise we would all 
be subpoenaed.

q  Who told you that?
A I have forgotten, I don't know whether it 

came from the committee. But it was pretty obvious.
Q It came from someone on the staff?
A Oh, yesj they are the only people who attend 

the staff meetings.
Q And they said —  would you repeat what they

said?
A I'm not sure of the exact words.



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1 Q Well, the general Idea.
A Ifcat we should vote for Dr. Eaton and get him 

on the staff, otherwise it would go to court.
Q Is that why you voted for Dr, Eaton?
A No.
Q Why did you vote for him?
A Well, there's a great deal of consternation.

I have known Dr. Eaton ever since I have been practicing 
here; and as far as I personally knew, everything that 
I had heard against him you might consider hearsay.

Q You knew of nothing against him?
A Nothing of a concrete nature. Letters and 

things like that that I had heard about him, written 
by him, I hadn't seen. So rather than, you know, hold 
a man guilty because of hearsay, it's a pretty bad 
thing.

Q You have, in fact, referred patients to Dr. 
Eaton, haven't you?

A Well, I used to do a great deal of work at 
Community Hospital; and when he was on surgical call,
I'm sure some of those patients were seen by him.

Q Do you have a brother who is a physician here
in town?

A Yes, I do.
q Do you know that he referred patients to Dr.



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Eaton a l s o ?

A I ’m sure so.
Q Well, you mentioned this matter of hearsay.

Isn’t it true that in a vote of this nature some of the 
physicians can decide on the basi3 of hearsay whether 
they want to support a man or reject him?

A I think that is always true.
Q There are no guidelines that you know of

which tell a man what to consider when he is voting?
A Not except for the statement we heard at the 

staff meeting.
Q Which was: if you don’t vote for Dr. Eaton, 

there will be more business in court.
A That’s right.
Q There was no talk about his ability?
A Well, I think so,
Q Who talked about his ability?
A As well as I remember, there was a presentation 

of the credentials committee.
Q And that was favorable, wasn't it?
A As well as I remember.
q  Does the credentials committee Investigate

a man’s qualifications?
A That is the purpose of the credentials committee, 

it Is my understanding. It is very impersonal, supposedly.



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Q Is it your understanding that they would screen 
out an incompetent man?

A That, theoretically, is the purpose of the 
credentials committee.

Q Do you know of any immoral or unethical conduct 
on the part of Dr. Eaton?

A None proven.
Q You say "proven") what do you mean by that?
A Well, you probably know of the recent case 

of an abortion or something like that, penicillin reaction 
or something, whatever it was.

Q Do you know what the disposition of that case
was?

A That*s what I say, "none proven." He was 
found innocent.

Q So you don*t know of any actual Immoral or 
unethical conduct on the part of Dr. Eaton?

A That*s right.
q  Were you acquainted with a Dr. William J.

Wilson when he practiced in Wilmington?
A Vaguely. He left Just about the time I came

here.
q  Do you know that Dr. Wilson was denied 

courtesy staff privileges at the hospital at one time?
A Where - at James Walker?



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Q Right.
A I wouldn’t be surprised.
Q Isn’t it true that it was common knowledge 

around the community that Dr, ’ 'ilson appeared at the 
hospital on numerous occasions apparently under the in­
fluence of alcohol?

A I never saw him that viay, but that’s what I
heard.

Q Have you ever been acquainted with Dr. Kennon

C. Walden?
A No, not personally. I Just know of him.
Q Do you know what position he held?
A I think he used to work for the Coast Line. 
q  d o you know if Dr. Walden was denied courtesy

staff privileges at the hospital?
A TSiat was before I had a vote, I think. I was 

on the courtesy staff for four or five years, ttiey re­
wrote the constitution during that period, and I had to 
wait until they got the constitution rewritten before 
I could apply for attending staff. The courtesy staff 
has no votes, so I didn’t vote on that.

Q But you do know that he was denied privileges? 
A I remember something about It, yes, sir.
Q Wasn’t he denied privileges because of a 

controversy between the railroad and the hospital?



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A I didn't realize such a controversy existed. 
Of course, they could run all over the hospital.

Q Pardon me?
A They could run all over the hospital.
Q Do you know of any medical reason, any reason 

having to do with his competence?
A I know nothing of Dr. Walden's competence.
Q Do you know anything of any immoral or un­

ethical conduct on his part?
A I have heard of none.
Q Were you acquainted with Dr. George D. Lumb?
A Yes, sir,
Q What vias his specialty?
A Pathology.
Q Was he on the staff of the James Walker Hos­

pital?
A Yes.
q  Has he left the community?
A Yes; a3 far as I know, yes, sir.
Q Do you know where he has gone?
A New Jersey.
Q At these general staff meetings did Dr. Lumb 

participate in the discussion about Dr. Eaton's applica­
tion?

A I don't believe so. I don't believe he was



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attending the meetings at that time, because I think he 
already knew he was leaving* X can't swear to that* but 
I don't recall having heard him discuss it. Let's see, 
when did Dr, Lumb leave?

Q My information is that he resigned from the 
staff the 31st of December 1964. Would that be in 
accord with your memory?

A X would think it would be about that time. He 
left shortly after the holidays, I believe; and I doubt 
that he bothered to attend that meeting in December 
because he was leaving, and he traveled a lot; and the 
last meeting before that would have been the one three 
months before, 30 I don't believe I heard him discuss 
Dr. Eaton.

Q Are minutes of these general staff meetings
kept?

A I think so, yes, sir.
Q Do you think the discussion about Dr. Eaton's 

application would have been recorded in the minutes?
A X would assume so.

MR. MELESNER; I have no further questions,

CROSS-EXAMINATION
BY MR. HOGUE;

Q Doctor, the procedure of the staff voting on



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new applicants has been in existence ever 3ince you have 
been on the staff, hasn't it?

A Yes, sir.
Q And this procedure has been used vrith respect 

to both white and Negro applicants to the staff; is that 
correot?

A Yes, sir.
Q Isn't it true that there are presently two 

Negro doctors on the staff of the hospital?
A Yes, sir.
Q Dr, Wheeler and Dr. Roane; is that correct?
A Yes, sir.

MR. HOGUE: No further questions.

REDIRECT-EXAMINATION

BY MR. MELESNER:
q  I Just have one question, Doctor. Isn't it 

more or less routine for the medical 3taff to ratify 
the report of the credentials committee on granting 
courtesy staff privileges?

A I think they are accepted, and then they are 
voted upon.

Q Can you think of a white physician in the 
City of Wilmington who is not on the courtesy staff?

. •



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Q Yes, sir.
A (No answer.)
Q It's pretty hard to think of one, isn’t

it?
A Well, no. I can name several, but I ’m not 

sure whether they are on the staff now or not; Dr,
Mebane is, but I don't think Dr. Sinclair is.

Q But Dr. Sinclair was on the staff, wasn't
he?

A Yes, 3ir.
Q What I would like for you to name for me is 

a white physician in the City of Wilmington who is not 
on the staff now, who has not been on the staff.

A You mean other than retired?
Q, That's correct.
A You mean actively practicing medicine?
Q That's correct,
A Who lias never been on the staff at James 

Walker?
Q That's correct.
A Dr, Andrews?
Q Pardon me ?

A You mean p r a c t i c in g  in  the C ity  o f  W ilm ington

p r a c t i c in g  m e d ic in e?

A D r. Andrews?



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Q Yes, sir.
A (No answer.)
Q It's pretty hard to think of one, isn’t

it?
A Well, no. I can name several, but I ’m not 

sure whether they are on the staff now or not; Dr.
Mebane is, but I don't think Dr. Sinclair is,

Q But Dr. Sinclair was on the staff, wasn't
he?

A Yes, sir.
Q What I would like for you to name for me is 

a white physician in the City of Wilmington who is not 
on the staff now, who has not been on the staff.

A You mean other than retired?
Q That's correct.
A You mean actively practicing medicine?
Q That's correct,
A Who lias never been on the staff at James 

Walker?
Q That's correct.
A Dr. Andrews?
Q Pardon me ?

A You mean p r a c t i c in g  in  the C ity  o f  W ilm ington -

p r a c t i c in g  m e d ic in e?

A Dr. Andrews?



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Q Is it your answer that it's Dr. Andrews?
A No, I say Dr. —  you have the list there; I 

don't have the list.
Q My list reveals that every white physician

in the City of Wilmington---
MR. HOQUE: I want to object to that ques­

tion as a statement of counsel which is going 
to go into some details which should not go in 
the record this way. I want to object to the 
form of the question, if it is a question.

BY MR. MELESNER:
Q Doctor, you appear to be having some trouble 

in naming a physician who you are reasonably certain is 
not on the staff or was not on the staff; is that not
correct?

A Yes, sir.
Q You are having some trouble?
A Yes, because I don't have a list.
Q So most of the white physicians are on the

staff?
A Oh, yes, sir; and now most of the colored,

except for Dr. Upperman; I don't believe he applied. So 
that's 50# of the colored physicians.

Q Did you make some reference earlier in your 
testimony to sane letters written by Dr. Eaton?



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A When I first came here to practice, I had 
heard somebody make the statement that there were some 
letters in existence as to something to do with usual 
referral fee3 or something like that, but I have never 
seen the letter, and I am not sure who possesses the 
letter. It has been several years —  it's been thirteen 
years or so. It wa3 back when I first came here to 
practice, and a3 well as I remember all of the parties 
concerned are dead; so I don’t know this and I haven't 
seen it, so I tried not to let it influence my opinion.

MR. MELE3NER: No further questions.
MR. HOGUEs I have no further questions.

Signature of Witness:



L A W Y E R ’ S NOTES

P a g e L in e



41

1 D R . B R U C S  H U G H  D O R M A N ,  having been duly
2 sworn, testified as follows:

DIRECT-EXAMINATION

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BY MR. MELE3NER:
Q State your full name and occupation, please.
A Bruce Hugh Dorman. I am a physician.
Q What is your specialty?
A Orthopedic surgery.
q  Aire you on the attending staff of the James 

Walker Memorial Hospital?
A Yes, I am.

Are you also on the staff of the Community

y

I'm on the consulting 3taff, yes, sir.
Have you performed surgery at both of these

Q
Hospital?

A

hospitals ?
A Yes, I have.
Q Do you know Dr. Hubert Eaton?
A Yes, I do.
Q Did you in December of 1964 and again in

February of 1965 receive a letter about Dr. Eaton's 
application for courtesy privileges at the James Walker 
Hospital?



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A Ye3, I did.
Q What did you do with these letters?
A I voted and passed them in.
q  You voted for Dr. Eaton; iB that correct, sir?
A X didn't say that, sir.
Q I thought you said "and passed him in"?
A No, sir. I voted and passed them in.
Q And "passed them in." In other words, you 

returned the letter to the secretary or the president 
of the medical staff with your ballot?

A Yes, I did.
Q On both occasions?
A I'm not sure; I think so, though.
Q How did you vote?
A I'm not going to divulge that information, 

because I think this is prying into ray affairs as an 
honest elector.

Q Would you repeat the answer? I'm sorry, I 
didn't hear it.

A I say I consider myself an honest eleotor;
I voted by secret ballot, and I believe that I should 
be protected under law to keep this information to my­
self.

MR. MSLESNSR* Mr. Hogue, It is, of course, 
my opinion that the witness has no privilege



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to refuse to answer, and I will consider bring­
ing this to the attention of the Judge so that 
he can be ordered to answer the question.

MR. HOGUE: Well, as I understand it, he
says he doesn't want to divulge how he voted, 
and that would appear to me to be an answer to 
your question. I don't know. He's not my 
witness; I can't make him answer or agree that 
he should answer, because I don't think that 
is within my power.

MR. MELESNER: I merely want to permit you
to advise the witness if you desire.

MR. HOGUE: Well, he is not my witness,
and I can't advise the witness one way or the 
other. I don't think that that is my pre­
rogative or position - to advise him. I haven't 
looked into this matter but, of course, a
secret ballot should have oo?ne---

BY MR. MELESNER:
q For the record, Doctor, I'm going to ask you 

the question again. How did you vote on the application 
of Dr. Hubert Eaton for courtesy staff privileges in 
December of 1964?

A With due respect to you, sir, it is none of
your business.



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q  Again for the record, Doctor, how did you vote
on Dr. Eaton*s application in February of 1 9 6 5 ?

A I repeat the answer.
Q Doctor, are you a surgeon?
A An orthopedic surgeon, yes.
Q Is most of your surgery performed at a 

hospital?
A Yes, it is, almost entirely.
Q Then I presume that a large portion of your 

income is earned from this surgery?
A Yes, sir.
q  So your income would be severely reduced if 

you did not have the use of the operating facilities of 
a hospital?

A That's correct, sir.
q  And you think that you can deny another physician 

the use of operating facilities and not tell him why?
A You are completely misinterpreting my answer, 

sir. I didn’t say I voted against Dr. Eatonj I didn't 
say that at all. I said that I'm not going to divulge to 
you my answer, because I considered when I voted that 
this was a secret ballot, and I just wish to stand on 
my rights In preserving this secrecy.

q Well, now, some doctors voted against Dr.
Eaton, isn't that correct?



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A I don’t know how other people voted, 3ir, 
and that’s the truth.

Q Do you know that Dr. Eaton Is not now on the

staff?
A That I know.
Q So would you conclude that some of them voted

against him?
A I would make that conclusion, yes.
q  So you feel that the physicians who voted 

against him have this right not to reveal how they voted?
A I think that the physicians who voted against 

him have the absolute right to divulge this information 
as much as they have if they voted against Lyndon Johnsoni
and I don't think they---

q  This is like a fraternity, isn’t it? Anybody 
can blackball someone without giving a reason?

A Goldwater was blackballed, sir.
Q Pardon me?
A Goldwater was blackballed.
Q It is your position that a nan can be refused 

staff privileges and not given a reason?
A No, sir, I didn't say that.
Q Well, it’s your position that you don’t have

to give a reason?
A I didn't say that either, sir.



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Q Well, now, let me go over this again. You are 
refusing to answer and tell me how you voted?

A I'm refusing to divulge Information to you 
that I consider secret ballot, sirj that's all I'm re­
fusing to do.

Q Doe3 that information include how you voted?
A Yes, It does.
Q And the reason for your vote?
A I didn't know I had to give a reason how I

voted.
Q You don't think you have to have a reason?
A Yes, I do.
Q You do have to have a reason?
A Ye3, sir.
Q But you are unwilling to state what that reason

was?
A If I gave you the reason why or how I voted,

you would know how I voted.
q  So you are unwilling to tell us what the reason

is?
A I'm unwilling to tell you how I voted. 
q  Would you tell us what factual material you 

used in coming to a decision?
A The case of Boyd and Teague, an old North 

Carolina case, that stated: "An honest elector who has



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observed the law enjoys the privilege, which is entirely 
a personal one, of refusing to disclose, even under oath 
as a witness, for whom he voted,”

Q, Who brought that case to your attention?
A My attorney,
Q May I have his name?
A It would be Lonnie Williams,
Q Pardon me?
A Lonnie Williams,
Q Does he have an office here in Wilmington?
A Yes, he does,
Q Now I am asking you, sir, what factual material 

or data you used to base your decision on, and the decision 
I am referring to is your vote on Dr, Eaton, I'm not 
asking you how you voted, now, or your reason, I'm 
asking you what factual material you used in reaching a 
decision,

A I think I relied solely on Dr, Eaton's 
caliber as a physician.

q  Did you study his charts as a surgeon before 
you voted?

A No, I didn't.
Q Have you ever observed Dr. Eaton in surgery?
A No, I haven't sir.
Q Doctor, I want to ask you to be as candid as you



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possibly can with me. Isn*t It true that If physicians 
on the staff do not have to tell how they voted and 
did not have to give a reason for their vote, that they 
could reject a physician for any reason whatsoever?

A That*8 true, sir, yes.
Q It*s purely subjective?
A Truly.
Q Didn*t like the way he looks?
A That1s right.
Q Or the color of his hair?
A That *s right.
Q Race?
A That*s right.

MR. HOGUEi I want to object to the form
of those questions as being in the form of a 
speech, and I don*t think it is proper in a 
deposition of this kind for counsel for either 
side to make a speech to the witness as to his 
own thoughts and/or conclusions about the 
matter.

BY MR. MEISSNER*
Q At the James Walker Memorial Hospital, then, 

if more than 20# of the staff decide to keep a man off, 
they can do so?

A Yes, sir.



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Q For any reason whatsoever?
A Yes, sir.

MR. MELESNER; I have no further questions.

CROSS-EXAMINATION

BY MR. H00UE:
Q Doctor, the procedure used with respect to 

voting on Dr. Eaton, was that the procedure used when 
you were first admitted to the staff?

A Yes, sir, it was.
q  Is that the procedure that has been used with 

respect to all applicants to the staff, whether white or 
Negro, since you have been here?

A With one exception. At one time they asked us 
to sign our ballots before they were counted, and I re­
fused to do that. But this was not this particular case.

Q Now, I believe there are presently two
Negro physicians on the staff at James Walker Hospital, 
is that correct?

A I believe there were three, but one of them
died.

Q There were three?
A I think so.
Q But one of them died?



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A Yes, sir.

Q That was Dr. Gray that died?
A Yes, sir.
Q And I believe Dr. William Wheeler and Dr.

Daniel Roane are presently on the staff?
A That's right, they are.
Q Do you know other white doctors have been re­

jected from the staff since you have been here?
A I do.
Q You do know that?
A Yes.
Q What is it?
A They have been rejected, yes, several times.
Q They have been?
A Yes.

MR. HOGUEi That's all.

REDIRECT-EXAMINATION

BY MR. MELESNER:
Q Was Dr. Eaton's application discussed at a 

staff meeting?
A I don't know if it was. If it was discussed 

at a staff meeting, it was at one that I did not attend. 
Q Do you know of any reason why Dr. Eaton was



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denied staff privileges?
A No, I don't.
Q Do you know that since 19^5 only two white 

physicians have been rejected for courtesy staff 
privileges?

A I did not know that.
Q Are you aware that none of the Negro physicians 

presently on the staff at James Walker were on the staff 
before the lawsuit which Dr. Eaton brought was resolved?

A I wa3 aware of that, yes.
Q Are you aware of the fact that Dr. Eaton has 

brought a suit on behalf of himself and his child to de­
segregate the schools in Wilmington?

A I'm not aware of that, no,
Q When did you come to Wilmington, sir?
A I came to Wilmington in 1955.
Q Have you ever been acquainted with Dr, Kennon

C. Walden?
A What is the last name, sir?
Q, Walden, W-a-l-d-e-n.
A I don't think so.
q  I am going to read you a paragraph which is

from a letter dated February 3# 1965* to Members of the 
Attending Medical Staff of the James Walker Memorial 
Hospital from Dr. Warshauer. I'm quoting now:



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"The secretary of the governing body, Mr, 
Martin, has left it up to the medical members of the 
Board of Managers, namely, Dr. Knox and Dr. Warshauer 
to make the necessary explanations, and any member 
wishing details in this regard may discuss the matter 
with the medical members of the board."

Do you recall this paragraph?
A No, sir, I don't.
Q Do you have any idea what is meant by it?
A No, I don't know what they are talking about.
Q What are "the necessary explanations"?
A I don't know what they are talking about.
Q Would your recollection be helped if I told 

you this appeared in a letter transmitting the second 
ballot on Dr. Eaton's application?

A Yes, it would be.
Q Now what do you think is meant by this para­

graph?
A Well, apparently they want to discuss the 

matter further among themselves.
Q Do you have any idea what is meant by "the 

necessary explanations"?
A Yes, I do.
Q What?
A They knew that they were going to have to



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answer to people like you coming down here, and that they 
felt they had better have some answers ready.

Q So that the staff would get together and 
have some answers ready?

A Apparently so. I had no part of it.
Q Does that strike you as the usual practice - 

to get together and make some explanations?
A No, sir. It Isn't the usual practice.
Q Does it suggest to you that perhaps there

was something very different about Dr. Eaton's application?
A Yes, sir, it does.
q Do you have any idea what that something 

different was?
A Yes, sir, I do.
Q You think it might have something to do with 

this lawsuit?
A Yes.
q  What do you think it was?
A I believe the way I would interpret it is that 

they felt that if Dr. Eaton's privileges were denied 
that there was going to have to be an awful lot of 
answering, because they figured that there would be a
deposition of this sort.

Q In other words, their real reasons weren't
enough?



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A No, the r e a l  rea son s  a p p a re n tly  had to  be e x ­

plained.
Q But you are unwilling to explain your3?
A I am unwilling to tell you how I voted.
Q You are now willing to tell me how you voted?
A I'm not willing to tell you my rationale, be­

cause if I told you my rationale that would tell you how 
I voted. I consider this a sacred right as I always 
have. May I interject something, please, sir?

Q If you will excuse me, sir, not right at this 
moment.

MR. MELESNER: I have no further questions.
THE WITNESS: May I interject something

now, sir?
MR. HOGUE: You can certainly explain any

answer that you have made.
MR. MELESNER: I don't—
MR. HOGUE: I would think that he would

have the right to explain any answer he has 
made.

THE WITNESS: During this whole inquest
with me - I believe if this case is reviewed - 
my entire answering system is going to be mis­
interpreted, I'm certain of that.

Now, I never said I voted against Dr.



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Eaton; I never said I voted for him either.
I am from New Jersey - I'm not from the South - 
I lived there all ay life. The only thing that 
I resent is having to divulge what I consider 
a sacred right; and that is all I have said 
during this entire inquest. I did not say I 
am against Dr. Eaton; I did not say I am for 
him.

MR. HOGUE: I have no further questions.
BY MR. MELESNER:

Q, Let me Just go over one or two more matters, 
sir. Do you know basically what the purpose of this 
deposition is?

A Yes, I do.
Q Do you know that we are alleging that Dr.

Eaton was wrongfully denied staff privileges?
A I believe that is my interpretation of it,

yes.
MR. HOGUE: Now I object to that and wish

to put this in the record: I say that the pur­
pose of this deposition is to 3how that Dr.
Eaton was denied this application on the basis 
of his race, and that that is all that Is before 
the hearing; not that he was wrongfully denied, 
but the motion for contempt states that he was



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denied staff privileges by reason of his race. 
Consequently, I feel that I must make that 
statement to the record for clarification.

BY MR. MELESNER:
Q Are you aware, also, that it has been alleged 

that Dr. Eaton was denied staff privileges because of his 
race?

A Yes, sir.
Q To your knowledge, Doctor, was there any group 

or clique of doctors at the hospital who were especially 
interested in denying staff membership to Dr. Eaton?

A To my knowledge I would say that's correct.
Q There was such a group?
A I would say that's correctj I don't know what 

the group was.
Q Do you think race played a part?
A I think yes. I think it did play a part.

MR. MELESNER: I have no further ques­
tions.

RECROSS-EXAMINATION

BY MR. HOGUE:
Q Now, Doctor, you have no knowledge as to whether 

race played a part in his denial or not, do you?



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A I don't have any direct knowledge. I don't 
know if I was supposed to answer when my opinion was 
asked, because that would be hearsay.

Q Anything you are basing that on is pure 
hearsay?

A Yes, it is.
Q Do you know how any other doctors voted in

this matter? r
y  ' _ i t  y d g Z 'A No, I do not. 6

Q Do you know the names of any -other doctors 
who voted against Dr. Eaton?

A I do not.
q, So you don't know what their votes were based 

on at all, do you?
A No, I don't.
Q And that application was handled Just like 

any other application, whether the physician was a 
Negro or a white person; is that correct?

MR. MELESNER: We object to that.
BY MR. HOGUE:

Q The voting on that application was handled 
Just like any other applicant to the staff, isn't that 
true. Doctor?

A Yes, it was.



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REDIRECT-EXAMINATION

BY MR. MELE3NER:
q  This hearsay you talked about, Doctor - did 

you hear it talked about among other physicians?
MR. HOGUE: Objection.

A Yes.
q  Was the president of the medical staff one of

these physicians?
A I don't believe so.
Q Was the secretary of the medical staff, Dr. 

Singletary, one of these physicians?
A No.

MR. MELESNER: That is all.
MR. HOGUE: I have no further questions.

Signature of Witness:



L A W Y E R ’ S N O T E S

P a g e L in e 0



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p r . J A M E S  F. G I B S O N , having been duly sworn, 
testified as follows:

DIRECT-EXAMINATION

BY MR. MELESNER:
Q Will you state your full name and profession, 

please.
A James Franklin Gibson, M.D., surgeon.
Q Surgery is your specialty?
A Yes.
Q Are you on the staff of the James Walker Memorial 

Hospital?
A Yes.
Q How long have you been on the staff?
A Approximately three years.
Q Are you on the staff of the Community Hospital? 
A Yes.
Q How long have you been on the staff of the 

Community Hospital?
A Approximately the same length of time.
Q Have you held any positions on the staff of 

the Community Hospital?
A Yes.
Q Y.Toat position?



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1 A Chief of Staff.
2 Q As Chief of Staff would you he Dr. Eaton's

3 superior?
4 A Would be the central coordinator of the medical

5 services, yes.
6 Q Would you have knowledge of his performance

7 as a physician at that hospital?
8 A Yes. i
9 Q What is your knowledge of Dr. Eaton?

10 A I feel that he i3 a competent practicing
li physician in the hospital - physician and surgeon.
12 Q Have you ever known him to do anything immoral

13 or unethical?
14 A No.
15 Q Do you know of any defect in training or
l6 competence which he might have which would serve to ex­

17 plain why he has been denied staff membership at the
18 James Walker Hospital?
19 A No, sir.
20 Q As far as you know his reputation and competence
21 are good?
22 A Yes.
23 Q Do you have any idea why he was denied staff
24 membership?
25 A None specifically.



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Q Is there any legitimate explanation in your 
view for his denial of staff membership?

A From facts or opinion or both?
Q what I am aBking is what your opinion is.
A No, I see no reason why he should not be

accepted on the hospital staff.
Q Did you vote for him?
A Yes.
Q On both occasions?
A Yes,
Q Did you attend meetings of the general medical 

staff of James Walker about the time these applications 
were pending?

A The credentials board presented the applicants
only in passing at the meeting which I attended. I was 
absent from meetings which may have delved into discussions 
regarding this.

Q Was there any discussion at the meeting which
you did attend?

A Only Just colored doctors in general when 
all the applications, the initial applications came in.
I believe Dr. Gray's came in first.

Q Are you aware of certain lawsuits brought by
Dr. Saton which relate to civil rights?

A Only the one relative to this.



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A Yes, the one I was subpoeaned for*
Q Do you think Dr. Eaton's race played a part

in the denial of staff membership?
A I would think by deduction, no.
Q Sir?
A I would think by deducting, no. There are 

other colored physicians on the staff.
Q How would you explain it?
A I have no explanation.
Q There isn't any valid reason that you know of 

which relates to medical competence, is there?
A No.
Q Is there any which relates to his ethics or 

morals?
A The form of it would be only conjecture. I 

know of no specific instances that I could document right 
off-hand.

Q Do you know of any at all, whether you can 
document them or not - instances of immoral or unethical 
conduct on the part of Dr. Eaton?

A No.
Q Describe for me how you understand the pro­

cedure whereby the staff acts on an application for 
membership at James VJalker,

Q You mean the s u i t  a g a in s t  the h o s p i t a l?



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A The applicant files a form with the medical 
staff which in turn is reviewed by the credentials 
committee and then presented for approval by the general 
medical staff. Prom this point a recommendation of 
acceptance or rejection is made to the Board of Governors 
who have the final voice or say-so or approval in 
running the hospital matters. Though they usually take 
the medical staff's recommendations, they may refuse 
them.

Q And I believe that a successful applicant must 
get 80# of the vote?

A I'm not familiar exactly with the figure, 
but I believe that's correct; that's what stands in my 
mind.

Q Veil, assuming that it i3 80^, doesn't that 
mean that a small number of doctors could keep another 
doctor from staff membership?

A Well, ten out of forty, certainly.
Q As you understand the bylaws of the hospital, 

could they do this without giving any reason for their 
action?

A I have heard pros and cons. I have always 
been under the impression, though, that a reason was 
given; I have heard to the effect of the opposite 
though.



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Q You a re  unsure w hether o r  n ot a rea son  f o r

rejection is given?
A Correct,
Q Have you spoken with any physician who voted

against Dr. Eaton?
A No, I don't know how anybody voted.
Q Are you familiar with the existence of a group

or clique of physicians on the staff of James Walker Hospital
who wanted to keep Dr, Eaton off the staff?

A I am not familiar with a clique, no.
Q Are you familiar with the existence of such a

clique or group?
A Only through rumors.
Q You have heard rumors to that effect?
A I have only heard it alluded to.
Q Will you tell me the nature of the allusion?
A Just that when the discussion of whether or

not Dr, Eaton was accepted on the staff, an incidental 
comment by a person discussing it who said/^ ^eJriy x  
there's a group out that would like to keep Dr, Eaton
Off."^

Q Was the reason alluded to - the reason they
wanted to keep him off?

A This would be information which is strictly
hearsay.



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MR. H0QUE: If the doctor wants to object,
I will put a formal objection in the record 
now. 1*11 put a more formal one in later.

BY MR. MELESNER:
Q Doctor, you understand it's this decision 

we are talking about, and the only way we can ask you 
about it is in this manner. An objection has been noted 
for the record. I wish you would answer the question as 
best you can.

A At the time an event - at which time I was 
not present and practicing in the City of Wilmington, 
North Carolina - took place which seems to be relative 
to the rumors or the word3 that I have heard by conversa­
tion to the extent of a hospital bond issue - the 
controversy -as toeing Dr. Eaton’s stand as compared to 
other peoples’ stands.

Q What was Dr. Eaton's stand?
A I believe Dr. Eaton was against the bond

issue.
Q And these other people were for it?
A Yes.
Q And what was the bond issue for?
A A new hospital.
Q What is the name of the hospital?

Q We’ l l  l e t  the judge d e c id e  t h a t .



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A New Hanover Memorial Hospital.
Q Is this the new hospital that is going up right

now?
A Yes.
Q I believe that Community and James Walker 

will eventually be closed and merge into one hospital!
is that oorrect?

A They will be closed and become the one 
hospital. Now, the Board of Governors will be an entirely 
new board) it has already been appointed and ia functioning. 
The James Walker Board of Governors will not be the 
Board of Governors of the New Hanover Memorial Hospital, 
and neither will the Board of Governors of the Community 
Hospital, though there will be common membership, I 
believe. I know of one named that will be common.

Q Do you know why Dr. Eaton opposed this bond
issue ?

A I think, possibly as a physician, he felt
there were enough beds.

Q Pardon?
A He, possibly as a physician, felt that there

were enough beds to satisfy the medical needs.
Q Do you think it might have had something to 

do with the fear of Negro physicians that they wouldn*t 
get fair treatment at this new hospital0



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A This is possible, yes; I can't say whether 
this attitude is warranted or not.

Q, This could have been a reason some doctors 
voted against him?

A Yes.
Q Vlas an election held on this bond issue?
A Yes.
Q Was there more than one election held?
A I believe there were two.
Q What happened the first time; do you recall?
A ttie bond issue didn't pass the first time,
Q Did it pass the second time?
A Yes.
Q By a large or small number of votes, if you 

recall?
A I don't know firsthand. I have heard that it 

was by only a small number, These were events which 
happened prior to my coming here, so any information that 
I have regarding this is secondhand.

Q One other question. Doctor. Do you know of 
any written guidelines or criteria, other than the bylaws 
of the hospital, which set forth standards to be applied 
when granting or denying staff membership?

A Yes. A duly licensed physician in the state
is a requirement.



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Q Is there anything else?
A Graduate from an accredited medical school.
Q Let me rephrase it. I am referring now 

specifically to standards which are not mentioned in 
the bylaws. Are there any other standards to your 
knowledge?

A I know of no other. Ethical conduct, et cetera 
et cetera,

Q Wouldn't the report of the credentials 
committee indicate that the physician possessed these 
standards set forth in the bylaws?

A As far as competency and morality and ethics, 
yes, I would think so. If I were a member of the 
credentials committee, I certainly would take that into 
consideration.

Q So after the report went to the general staff, 
a different sort of recommendation was made?

A I don't know what the formal recommendation
was.

Q What else could stand in the way of 
approving a physician's application if the credentials 
committee had approved it?

A Possibly the types of services which he wished 
to perform. In other words, if the staff were perhaps 
overcrowded in a certain position, this might have some



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bearing*
Q Can you think of any white physicians in 

Wilmington who are not now or who have not been members 
of the staff of James Walker?

A If I may stand corrected, I believe two,
Q So generally every white physician in the 

community is a member of the staff?
A Yes.
Q Do you know how many white physicians have 

been refused staff privileges since 1945?
A No, sir.

CROSS-EXAMINATION

BY MR. HOGUE;
Q Doctor, isn’t it true that Dr. Eaton's

application was handled under the same procedures as 
other doctors' applications have been handled?

A As far as I knowj^it should have been.)
Q As far as you know, it should have been?
A Yes, sir.
Q And I believe you stated that there are some 

Negro physicians presently on the staff of the hospital?
A Correct.
Q Now, you say you are Chief of Staff at Community



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Hospital?
A I am past Chief of Staff.
Q Past Chief of Staff?
A Yes.
Q As the past Chief of Staff, did you all hold 

staff meetings at Community Hospital? Are you presently 
on the staff?

A Yes.
q Do you hold staff meetings at Community 

Hospital?
A Yes.
Q Do you review cases at these staff meetings, 

have audit reports of that 3ort of thing?
A Committee reports and audit of charts of

deaths and also current charts,
Q Of deaths?
A Yes.
Q Is this limited solely to deaths in the 

hospital?
A Yes, except as an interesting case.
Q Unless it's an interesting case?
A Yes, it might be brought up by a physician 

who wants some discussion on it.
Q Is It pretty usual for physicians to bring up 

interesting case3 at staff meetings, or unusual cases?



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A No.
Q It's not usual?
A You mean in the hospital?
Q That occurred out of the hospital.
A It's fairly unusual. It's not a common

practice.
MR. H00UE: No further questions,

REDIRE CT-EXAMINATION

BY MR. KELESNER:
Q How did Dr. Eaton's charts stack up under 

this scrutiny; how did he rate?
A I would say his charts were certainly adequate. 

There may have been minor infractions insofar as signatures 
on orders and things like that, but the quality of 
practice was certainly ample and acceptable.

Q You mean except---
A The form of the chart may not have been 

according to protocol as desired by the accreditation 
committee, et cetera; but the work was certainly adequate 
to handle the case and to manage it proficiently.

Q From the expression on your face, Doctor, I 
would Judge that those formal defects occur quite often; 
is that true?



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A Yes.
q one more question. When was your tenure up 

as Chief of Staff at Community Hospital?
A Last month.
Q Last when?

MR. HOGUE: Last Monday.
MR. MELESNER: I have no further questions.
MR. HOGUE: You may cane down.

Signature of Witness:



L A W Y E R ’ S NOTES

P a g e L in e



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p H . R A Y M O N D  G R O T S ,  having been duly sworn, 
testified as followsi

DIRECT-SXAMINATION

$ 7

BY MR. MELSSNERs
Q Would you state your name and profession, 

please. ^

A Raymonds. Grove, M.D., ophthalmologist.
Q Are you on the staff of James Walker Memorial 

Hospital?
A Attending staff, yes, sir.
Q Are you on the staff of Community Hospital?
A No, 3ir.
Q Did you in December of 1964 and again in 

February of 1965 receive a ballot to vote on the application 
of Dr. Hubert Eaton for staff privileges at James Walker?

A As far as I can recall, yes.
Q Do you recall how you voted at that time?
A I have never voted against any applicant for

attending staff at James Walker Hospital.
Q May I ask why?
A Because, as far a3 I understand it, when we 

get a ballot to vote for any attending staff, that has 
been gone over by the credentials committee to begin with,



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and I Just assume that everyone is qualified, and I don't 
feel that I am a person to judge somebody else's ability 
when I don't have a lot of contact with him.

Q You mentioned "attending" staff there.
A I have never voted against any applicant for 

staff at James Walker Hospital.
Q In other words, you feel that great weight 

should be attached to the findings of the credentials 
committee?

A As far as my Judgment of an applicant is 
concerned if they have passed his qualifications, there 
is no reason why I should vote against him. I have 
never voted against anyone.

Q Do you have any knowledge of why Dr. Eaton 
was denied staff membership?

A No, I do not.
Q Can you think of any reason why he should 

have been denied staff membership?
A As far as I am concerned, I have no objection 

whatever.
MR. MELESNER: I have no further

questions.
CROSS-EXAMINATION

BY MR. HOGUE:
Q Dr. Grove, as far as you know Dr. Eaton's



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application was handled, the procedures followed, were 
the same as for any other doctor, white or Negro, who 
has applied for the hospital; is that correct?

A As far as I know,
Q And I believe you presently have two Negro 

doctors on the staff of the hospital, Dr, Wheeler and 
Dr, Roane; is that correct?

A Yes, sir.
MR. HOGUE; No further questions. 

REDIRECT-EXAMINATION

BY MR. MELESNER:
Q How long have you been on the staff of James

Walker, Doctor?
A Total staff?
Q Yes, sir,
A I started practice here in 1952, I believe 

February of 1952; and I have been on the courtesy staff, 
I believe, for three years or something, and then 
attending staff since. Ihey ask you to be on the 
courtesy staff for so many years, I think three years, 
and I have been on the attending staff since then.

Q When did you join the courtesy staff?
A In *52 when I first came here.



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Q And a number of years after that you became 
a member of the attending staff; is that correct?

A Yes, sir.
Q Have you ever been acquainted with a Doctor 

Walden?
A Locally?
Q Ye3.
A I don't believe so.
Q He was at one time the medical director and 

chief surgeon of the Atlantic Coast Line Railroad.
A Oh, yes. I had quite forgotten. Yes, sir,

I know Dr. Walden.
Q Do you know that he wa3 refused staff member­

ship at the James Walker Hospital?
A No, I didn't.
Q Can you think of any reason why he ahould 

have been refused staff membership?
A No. As a matter of fact, I was one of his 

Atlantic Coast Line surgeons, and I would have no reason.
Q Do you know of any controversy between the 

railroad and the hospital?
A Oh, there was something 3ome years ago. I 

don't remember what it was all about.
Q Didn't the railroad subsequently use the Cape

Pear Hospital?



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A As far as I know.
Q It did not use James Walker; it used Cape

Fear?
A I don't know. I'm so disinterested in all 

polities I don't know what happened.
Q Why do you call this ’’politics"?
A Well, I mean staff politics or whatever.
Q Do you think the rejection of Dr. Walden had 

something to do with staff politics?
A I think that was about the time I first came 

here, and I don't remember much about it. I remember 
that there was some discord, but I don't know the first 
thing about it.

Q Do you think Dr. Eaton's rejection might be 
caused in part by staff politics?

A I don't know.
Q Dr. Walden, then, was one of your superiors?
A I was a consultant. As a matter of fact 

he is the one that asked me to be a consultant for the 
Atlantic Coast Line in ophthamology, yes, sir.

Q Was he a good doctor?
A As far as I know.

MR. MELESNER: No further questions.
Signature of Witness:



L A W Y E R ’ S NOTES

P a g e L in e

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DIRECT-EXAMINATION

p R, R O B E R T  M A R T I N  F A L E S ,  h a v in g  been

d u ly  sw orn, t e s t i f i e d  as  f o l l o w s :

BY MR. MELESNER:
q  Doctor, will you state your full name and your 

medical specialty.
A Robert Martin Fales, general surgery.
Q How long have you been practicing medicine?
A Thirty years here in Wilmington with the 

exception of four years, 19^2 to 1946.
Q Are you on the staff of the James Walker

Hospital?
A Yes.
Q How long have you been on the staff?
A I couldn't say right off the bat. I'd say 

twenty-five years.
Q Are you on the staff of the Community 

Hospital?
A No, sir.
Q Are you acquainted with Dr. Hubert Eaton?
A I know Dr. Eaton when I see him.
Q Have you ever had occasion to observe Dr.

Eaton in surgery?



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A No, I haven't.
Q Have you ever had occasion to study his 

charts?
A No, I haven't.
Q Have you ever had occasion to watch him treat 

a patient?
A No, I haven't.
Q Are you familiar with the lawsuit which Dr, 

Eaton brought against the James Walker Memorial Hospital 
a number of years ago?

A Only what I read in the newspapers.
Q V.hat, briefly, did you read in the newspapers?
A I don’t remember.
Q But you knew that there was such a lawsuit?
A I remember it vaguely.
Q Did you receive in December of 1964 and again 

in February of 1965 a ballot to vote on the application 
of Dr. Eaton for staff privileges at James Walker?

A Ye3, I l’emember it.
Q Did you vote in both of those elections?
A No, I did not.
Q Does that mean you kept the ballot and did 

not return it?
A I did not return the ballot.
Q On either of those occasions?



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A On both occasions.
yex*e you aware that the credentials committee

had passed Dr. Eaton's application?
A I think it stated that in this ballotj it

usually does, as I recall.
Q What did that mean to you?
A It means that the committee which the staff 

has elected has gone into the qualifications of an 
applicant to see whether or not he is qualified.

MR. MELESNER; I have no further questions. 
MR. HOGUE: I have no questions.

Signature of Witness:



L A WY E R ' S  NOTES

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testified as follows:

DIRECT-EXAMINATION

p R. D O N A L D  B. K 0 0 N C E . h a v in g  been d u ly  sw orn,

BY MR, MELE3NER:
Q

specialty,
A
Q

Would you state your full name and medical 
Doctor,
Dr, Donald B, Koonce, general surgery.
Are you on the staff at the James Walker

Hospital?
A Have been for about 35 years,
Q Are you on the staff of the Community Hospital? 
A No, sir,
Q Have you ever watched Dr. Hubert A. Eaton 

perform surgery?
A No.
Q Have you ever examined his charts?
A No,
Q Did you in December of 1964 and again in

February of 1965 receive a ballot through the mail from 
the hospital with respect to Dr. Eaton'b application?

A I did.
Q How did you vote on those occasions?
A I'm going to refuse to answer that because of



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personal privilege and personal principle, but I don't 
mind saying that I am opposed to his membership on the 
staff.

Q Did you vote against him?
A I ’m not going to answer that.
Q Are you aware of the purpose of this lawsuit?
A I don’t think I am, no.
Q Do you know that Dr. Eaton has brought a law­

suit against the hospital of many years' standing?
A Yes,
Q Do you know that in that lawsuit he sought 

admission to the staff?
A He, among others, yes.
Q Do you believe that a physician's application 

can be rejected and no reason given?
A No. I think I have the right, according to 

our constitution, to vote against anybody I want to without 
explaining it.

Q What constitution are you referring to?
A The constitution of the staff.
Q You believe that physicians on the staff have 

the right to vote against a physician for any reason they 
see fit ?

A I think so.
Q And they don't have to give that reason?



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A I see no reason why they should; it's a secret 
ballot.

Q As a surgeon, Doctor, X would presume that a 
large portion of your work is done in a hospital?

A A great majority of it, yes.
q  you believe that another surgeon's right to 

practice in a hospital can be taken away without any 
reason given?

A Not taken away without serious consideration 
and serious thought as to what it would mean to that 
man to lose a privilege. It is my understanding that 
this case is not where one is losing a privilege; he is 
applying to gain one.

q Would your position be any different if he was 
applying for one?

A I'm quite sure it would be, yes.
q Do you know of any white surgeons in the City 

of Wilmington who have never been on the staff of the 
James Walker Hospital?

A I don't know of any white surgeons who have 
never been on the 3taff; I know of those that I have 
voted against.

Q Didn't the credentials committee pass favorably 
on Dr. Eaton '3 application?

A Frankly, I don't know.



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Q You never thought to ask?
A Well, I took for granted that it was, because 

it was presented to the staff for a general vote; but 
I didn't inquire.

Q Shat didn't mean anything to you?
A Not to me, no.
Q In other words, you could reject him for any 

reason you wanted?
A According to our constitution, yes. According 

to our constitution, we don't have to explain to anybody 
how we vote or why.

Q  S o  some doctors could reject Dr. Eaton because 
they didn't like the way he looked?

A That's possible. They didn't do it with three 
others.

Q Pardon me?
A They didn't do it recently with three others.
q Other doctors could vote against Dr. Eaton

because they didn't like his race?
A His race? Sure, they could. But, as I say, 

they didn't do it with three others right recently.
Q Who is "they"? Were the other physicians voted 

in unanimously, Doctor?
A I don't know whether it was unanimously or not, 

but they were voted in - Dr. Gray, Dr. Roane, and Dr.



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Wheeler, I think.
q  Before you voted, did you make any attempt to 

Investigate or to observe Dr. Eaton’s charts at the 
Community Hospital?

A None at all.
Q Did you discuss the matter with anyone who 

had observed Dr. Eaton’s surgery?
A Well, of course, there was considerable dis­

cussion in the halls and the library of the hospital 
after this suit was brought up and we found out that 
2 7 or 29 of us, or someone -- we never have figured out 
yet who, why, or where we Mere subpoenaed. Sure, there 
was a lot of discussion, but not in any generalized 
meeting or any called meeting; it was a casual discussion.

Q You are talking about the subpoenaes. You 
mean the subpoena that brings you here today?

A Yes.
Q Well, that was after the vote on Dr. Eaton's 

application?
A That was after the vote; but I say since 

those subpoenaes have been served, there has been an 
awful lot of discussion.

Q Well, now I am talking about the time of the
vote.

A At the time of the vote was there any discussion



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of him at that time?
Q That'3 right. I asked you---
A There was considerable—
Q I asked you whether or not you discussed the 

matter with anyone who had ever observed Dr. Eaton in 
surgery?

A Yes. Not in detail.
Q \Jho was that?
A I don*t remember who they were, and if I did, 

I don't think I could tell you conscientiously.
Q How could you be sure that they observed Dr.

Eaton's surgery---
A Because they said they did.
q  ---if you don't know who they were?
A I wasn't sure. Biey said they did.
Q You are not sure?
A No, I ’m not sure. I was not there. Bie only 

way I could be sure would be to be there and watch him, 
observe him.

Q Would you tell me any direct knowledge you 
have that Dr. Eaton is not a competent physician?

A I don't have any direct knowledge that he is
not a competent physician.

Q Gould you tell me any direct knowledge you 
have that Dr. Eaton is in any way unethical or immoral?



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A I have no proof.
q  Now, let me get this straight. You never looked 

at Dr. Eaton*s charts?
A That * s right.
Q You never saw him operate?
A I have never had the opportunity to, and I 

didn't think It was my place to seek It out - I don't 
belong to the staff of his hospital - any more than he 
would have a right to come over to my hospital and look 
at my oharts.

Q Wasn't it your Job to appraise his competence 
as a physician before you voted on him?

A I think there is more than Just competence 
as a physician in being a member of the staff.

Q Do you know how many physicians have been 
denied courtesy staff privileges - how many white 
physicians have been denied courtesy staff privileges 
by the James Walker Memorial Hospital since 1945?

A I don't know since 1945. I don't know how 
many have been denied on a permanent basis, but I know 
of three that I have voted against in my lifetime in the 
hospital.

Q You have only voted against three?
A That I know of. On the majority of them, 

frankly, I don't vote, which is usually a vote for them.



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Q Let me ask you again: Did you vote for or
against Dr. Eaton?

A I told you I would not answer that, but I also 
made the statement that I would be opposed to him being 
on the staff. Now, you may think that Is silly, but 
that happens to be a principle.

Q Why would you be opposed?
A Because from what I have seen of him In public 

life, his marked opposition to the new hospital on two 
occasions, I think he would be a force detrimental to 
the harmony of the staff that we have at the present 
time. Sometimes it isn't quite so cockeyed harmonious, 
but at least what little we've got we like to preserve, 
and I don't think we could do that with him on there.
That Is as simple as I can make it.

Q Do you see the new hospital as some sort of 
extension to thi3 hospital?

A No, of course I don't. It's a brand new 
hospital.

Q What does the new hospital have to do with
it?

A I said his opposition to getting a new hospital
and some of the remarks he made in public, which I did 
not think was for the best interest of the people of 
Wilmington. Now don't ask me what those remarks are,



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I don't remember them.
q  You don't remember those remarks?
A I don't remember the distinct remarks. I 

remember that I thought he was extremely antagonistic 
and an obstructionist. It is my feeling that he is 
primarily trying to get on this staff purely and simply 
as a nuisance value, which I think is wrong; and I 
think it would be harmful not only to the hospital, but it 
would be harmful to my patients in this hospital.

Q Well, he could be an extremely competent physicia
and you still would be opposed to him?

A Ihat's correct. I am not basing my opinion on 
his competency as a surgeon, because I don't know it, and 
I don't quite make those decisions about something that I
am not reasonably sure of.

Q You are basing it on his personality; is that
it?

A All right, you can put it that way if you want 
to - his public life, his publicity which has not been 
too good on many occasions.

Q Publicity about what?
A His recent trial.
Q What Is your understanding of the result of 

the recent trial?
A All I know is what I read in the paper, and that



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is that it was thrown out of court.
Q What about the publicity surrounding his 

attempts to desegregate the schools here?
A You said "what about" it. What do you mean 

"what about" it?
Q Well, you said that the publicity surrounding 

Dr, Eaton was one of the reasons you opposed him?
A That's right. Well, frankly, I wasn't aware 

of how much he had done in the school work; I was more 
aware of his opposition to the new hospital on two 
occasions where a bond issue was attempted. 'Riose 
were mainly ray contacts with him. I don't have anything 
to do with the school board.

Q Are you aware that his opposition to the new 
hospital was based on the fear that Negroes wouldn't get 
a fair shake in it?

A Well, he said that. I can't prove that that's 
the way he honestly feels about it any more than you 
can. But I'm quite sure that that was part of the 
reason. My feeling is also that he was afraid he would 
have to give up some privileges to live up to the same 
rules that I do that he doesn't have to give up now.
Sure, I know that was part of it, but the county medical 
society went on record as promising, so far as they 
were concerned, that no man would be denied privileges in



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the new hospital, so far as they were concerned, that 
they enjoyed at the present time ethically. I still 
feel that way.

Q Are you a member of the county medical 
society?

A Yes, sir.
Q Do you know that Dr. Eaton has been refused 

membership in the county medical society?
A Also the state medical society. The county 

medical society very wisely refused him; they couldn’t 
do anything else. Because the constitution of the 
state medical society which I, like Dr. Eaton with the 
Old North State, wa3 president of at one time —  the 
constitution of the state medical society stated that 
colored physicians were entitled to what we called at 
that time "scientific membership," but not full member­
ship. And, therefore, according to the constitution of 
the state society, the county society could not take 
them in. That was changed in May.

Q Was the county society also opposed to what is 
generally called Medicare?

A You bet your bottom dollar we were, one hundred 
per cent, and still are. I could go on with that for a 
long time if you want me to.

Q Well, just briefly. Is it your understanding



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that the Old North State Medical Society---
A ---was In favor of It, and we didn't like It

a bit,
Q Did that play a part In your decision---
A My decision?
Q ---on Dr. Eaton?
A That was at the state level, not the local 

level. That had nothing to do with it.
Q No. Did thiB play any part—
A Not with me. That was state level.
Q You said earlier, I believe, that you were 

opposed to Dr, Eaton's application to James Walker. I 
am asking if his stand on Medicare would play any part 
in your reaching that decision?

A I don't think so, honestly, although I didn't 
like it a bit. And I didn't like some of the statements 
he made in the paper. But I honestly don't think that 
would have anything to do with my objection to him on 
the staff. Now, I may be wrong, but that's my opinion 
of my own opinion.

Q It was the county medical society which gave 
assurances about the new hospital?

A That's right. The state society had nothing 
to do with it locally.

Q And the county society was at that time all



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w h ite ?

A Ye3 ; and is at the present time. I think we 
have several applications otherwise.

Q Doctor, it is my understanding that when a 
new hospital is completed that James Walker and Community 
will be closed?

A That's right.
Q And that the staffs of both hospitals will 

then coalesce and become the staff of the new hospital?
A No, it can’t be worked that way according to 

your board of accreditation. According to your board 
of accreditation, you will have to have a committee 
appointed, I imagine —  and I know a little something 
about the board of accreditation which is the National 
Board of Hospital Accreditation -- that we will have to 
have by-laws drawn up and approved; and we*11 have to 
have applications to the staff, which will include me,
Dr. Eaton, and every other doctor in town.

Q Will you oppose Dr. Eaton at that time?
A I don’t think so. I don’t know yet. Frankly, 

this doesn’t make me any more in his favor. But at the 
present time I don’t think I will, because I made a 
promise, and I don’t think he should be denied the right to 
the things that he is doing now. But I can't see any 
reason why I should bend over backwards to give him



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something he wants in addition as a nuisance value.
Q You accept that Dr, Eaton will be a member 

of the staff of the new hospital?
A I don't accept that I will be one. I've got 

to apply and they've got to take me on.
Q You wouldn't oppose him for the new hospital, 

but you would oppose him— —
A I will oppose him as long as I possibly can 

on thiB, and not on the basis of his color.
Q You will oppose him at James Walker?
A Yes.
Q What do you understand the function of the 

staff at James Walker to be when it passes on the applica­
tion of a doctor?

A Well, I think you are trying to twist me up, 
but I will do the best I can with it. I think the 
first thing, of course, is to consider the competence 
of that man, his moral and ethical standing as well as 
his cooperation with the staff for the welfare of the 
hospital as a whole. That would be my answer to that.

Q But you evidently have another standard, and 
that is whether or not he opposes a new hospital in the 
community?

A I said whether it is for the welfare of the 
staff and the hospital as a whole. I do not think he would



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be for the welfare, because I think he is trying for 
nuisance value; and I feel quite sure that if he gets 
on the staff, it will be continued - more of that; and 
if we say anything about it, "All right, I'll sue you.'5 
\  q Are you afraid of a lawsuit?

A I'm not afraid of it, but a lot of them are.
Q How do you form your opinion as to the nuisance

value of Dr. Eaton; on what do you base it?
A Hearsay, observation of him in public, what 

I have read in the newspaper.
Q His stand on social issues?
A Not entirely.
Q But in part?
A In part.
Q You will forgive me, Doctor - I sun a layman - 

but it seems to me that what you are saying is that one 
of the standards involved is a political one.

A No, I'm not saying that. You are a layman 
all right, but still —  no, I'm not saying that at all, 
and you know it. He did take an opposing stand on this 
Medicare, but so did his whole State society.

Q He was president of the society?
A He was president of the society and was speak-

ing as their president, which is perfectly within his rights.
Q Am I correct in summarizing what you have



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said: that the primary objection was the new hospital 
vote?

A No, I didn't say that. I said there were lots 
of things and that was one of them - a lot of his 
appearances in public that I thought that his main, 
primary object, and a lot of things that were in the 
newspaper about him, about his recent lawsuit and other 
things and all, made me form my opinion that he would 
not be a good member of our staff.

Q What lawsuit? This lawsuit?
A No, not this lawsuit.
Q What lawsuit?
A The previous lawsuit.
Q Against the hospital?
A No. Against Dr. Eaton.
Q What was he talking about during these public 

appearances that you have mentioned?
A I don't remember, he talked so much.
Q Could you name any staff member at Community 

Hospital who has said he is a nuisance?
A I don't know who the staff members are at 

Community except the other colored doctors.
MR. MELESNERi I have no further

questions



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CROSS-EXAMINATION

BY MR. HOGUE:
Q Doctor, I believe you are a member of the 

American College of Surgeons; is that correct?
A lhat's correct.
Q I believe you are a past president of the 

Medical Society of the State of North Carolina; is that 
correct?

A Wiat ’ s right.
Q And you have been on the staff at James Walker 

for 35 years?
A I would have to look back and see. No, I 

think it's 3 0  years. I said 35, but I think it's 3 0 .
Q And isn't it true that since you have been

on the staff, every application of every doctor who has 
applied for the staff has gone through the same procedure 
that Dr. Eaton's application went through?

A Exactly.
Q And I believe you said that there were three 

Negro doctors who had been admitted to the staff of the 
hospital?

A lhat's right. One of them I think has since
died.

Q Dr. Gray has since died.



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A I was in a staff meeting Just the other night 
and there were two of them present.

Q They are present at the hospital and using 
its facilities?

A Well, one of them I know is using its facilities.
I said two of them were present at the staff meeting.
I haven’t seen the second one use the actual facilities.
So I don't know that. One of them has a locker right 
underneath mine in the locker room.

q  Now, Doctor, from your experience as a member 
of the staff of the hospital, is it important in the 
operation of a hospital that the medical staff work in 
harmony together?

A It's extremely important.
Q And do you feel that this is good for the 

welfare of the patients?
A I don't think that there is any question about

that.
MR. HOGUEs No further questions, 

REDIRECT-EXAMI NATION

BY MR. MELESNERt
Q Are there physicians on the staff at James 

Walker who opposed the new hospital?



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A Yes, there were a few.
Q Do you feel they should be removed from the

staff?
A No. And, frankly, those who violently opposed

It are not very active In the hospital; they work In 
another hospital.

Q Doctor, I am going to read you a paragraph 
from a letter sent February 3# 1965# dated February 3,
1965, to Members of the Attending Staff of James Walker 
Memorial Hospital from Dr. Warshauer. Uiis letter purports 
to convey the second ballot on Dr. Eaton's application 
to the membership. Ihe last paragraph of this letter 
reads as follows:

n3he secretary of the governing body, Mr.
Martin, has left it up to the medical members of the Board 
of Managers, namely, Dr, Knox and Dr. Warshauer to make 
the necessary explanations, and any member wishing de­
tails in this regard may discuss the matter with the 
medical members of the board."

Now, do you have any idea what that paragraph
means?

A Frankly, I do not. I had that letter and 
read it and I had forgotten about that paragraph in 
there. But I think that it meant - in fact I know it 
did - that the board felt that possibly due to the



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probability of some such action as this —  now I am 
giving my opinion.

Q Right.
A That probably there might be some such action 

as this; and, therefore, the staff should reconsider 
his application. Now, I was very much opposed to the 
manner in which that reconsideration was done, because 
according to our by-laws such a reconsideration should 
be considered by the staff as a whole before a vote was 
taken; instead of that the executive committee of the 
staff saw fit to call for a new ballot, which I understand 
was rather unanimous against Dr. Eaton. But my under­
standing was that the board wanted the staff to be 
sure what action they would take, because the board 
felt that they would back up the Judgment of the clinical 
staff. They wanted them to be sure. Now, that was my 
understanding as to why they did it.

Q You said the by-laws specified that before a 
reconsideration should be taken—

A It doesn't spell that out, but that was my 
interpretation of it. And I was quite much upset when 
we got a re-ballot without having the staff have the 
right to discuss it; I think probably because, frankly,
I would have liked to have made the motion that the 
previous action of the staff be upheld, and I wasn't given



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that opportunity.
Q So you think this talk about necessary ex­

planations and details refers to the possibility of 
some legal action?

A No, not entirely that. I think that the
board felt that they should give the staff some reason 
as to why they were asking for a reconsideration of 
their vote which was against Dr. Eaton the first 
time.

Q Did you seek such an explanation?
A I didn’t seek it, no. I thought I knew

it.
Q How many men, approximately, are on the 

medical staff of James Walker now?
A I can't answer that. There are three phases 

of it, you know - the active, the courtesy, and the 
honorary staff. I would say around 60j I'm not sure,

Q You get along harmoniously with all of
them?

A My God, no! Ohat's what I stated a minute 
ago* what harmony we've got, we would like to keep.

MR. MELESNERt No further questions.
MR. HOGUE: I have no further questions.

Signature of Witness:



L A W Y E R ’ S NOTES

P a g e L in e



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p R . L. B. M A S O N ,  having been duly sworn, testified 
as follows:

DIRECT-EXAMINATION

BY MELESNER J
Q Will you state your full name and medical 

specialty.
A Lockert Bemiss Mason.
Q Dr. Mason, are you a member of the staff of 

the James Walker Memorial Hospital?
A Yes.
Q Do you hold any other position at the hospital?
A I do.
Q What is that position?
A I'm director of medical education.
Q What are your duties as director of medical 

education?
A I'm in charge of organizing and administering 

the house officer training program.
Q Which involves training of—
A Simply that.
Q I'm sorry, I didn't hear your answer. (To 

reporter) Perhaps you would read it.
A (Read by Reporter) "I'm in charge of organizing



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and administering the house officer training program.”
Q Who are house officers - interns and residents?
A Yes.
Q Do you participate in the selection as well 

as the training of these people?
A Yes.
Q Do you receive a salary for that work?
A Yes.
Q From the hospital?
A Yes.
Q How long have you held this position?
A Twenty-six months.
Q Do you hold any position with the new hospital

that is being built here in Wilmington?
A No.
Q As the director of medical education, do you 

have to evaluate medical schools in any way?
A No.
Q In deciding whether or not to take an

applicant, you don't consider his medical school at 
all?

A Yes, I consider his particular background, but 
I don't evaluate a medical school as such.

Q Are you knowledgeable about the reputations 
of various medical schools in the United States?



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A To some extent, yes.
Q Do you know anything of the reputation of the 

University of Michigan Medical School?
A Not directly.
Q Did you receive in December of 1964 and again 

in February of 1965 a ballot from the medical staff of 
the hospital concerning Dr, Hubert Eaton's application 
for staff privileges?

A I did receive two ballotsj I don't recall what

months.
Q Did you return them?
A One of them.
Q Which one?
A Hie second one.
Q How did you vote in returning this second

ballot ?
A I voted no.
Q Why did you vote no?
A I voted no on reasons other than race, creed,

color, sex, or the fact that Dr. Eaton had participated 
in lawsuits with the hospital.

Q What reason did you vote on?
A Well, in my opinion Dr. Eaton has not had 

sufficient formal training in surgery to put himself 
before the public as a surgeon, No. 1] and No. 2, -X-fcave-



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'<5 O T,
not been able to^agrec with Dr. Eaton’s philosophy toward
care of indigent patients; and I thought that his

#

addition to the staff at James Walker would add nothing.
Q Now, what is your philosophy of the treatment

of indigent patients?
A I think that indigent patients should get the 

same type of treatment as a private patient.
Q And what do you regard Dr. Eaton's philosophy

as?
A Well, Dr. Eaton has been in a position to es­

tablish or not establish surgical clinics at Community 
Hospital, and no such regular clinic has been established, 
to my knowledge, in which all patients are seen regardless 
of the urgency of the case; and such things as circum- 
clslons are not regarded ̂ as necessary in many charity 
patients.

Q You think basically that there is a difference 
in the treatment accorded poor people at Community 
Hospital; is that correct?

A No, not that. I must say that Dr. Eaton, when 
a patient is in the hospital, an emergency or. something 
else, has looked after him. But I think there was a 
large segment of people who, until recently, were not 
getting adequate surgical consultation.

q  You think this is reason to keep Dr. Eaton off



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the staff at James Walker?
A To me It is an Indication of his philosophy 

toward the practice of medicine*
Q Are you aware that many physicians who are 

on the staff at James Walker are also on the staff at 
Community Hospital?

A Z am.
Q Are you aware that the chief of staff at 

Community Hospital is on the staff of James Walker?
MR. HOGUE: Wait a minute. I object to

that question.
MR. MELESNER: Do you wish to state your

grounds?
MR. HOGUE: On the ground the man testified

that he was no longer chief of staff.
MR. MELESNER: Oh, I'm sorry.

Q Are you aware that a former chief of staff 
at Community Hospital is now on the staff at James Walker 
Hospital?

MR. HOGUE: Give him the name of the
doctor.

Q Are you aware that Dr. Gibson is on the staff 
of James Walker Hospital?

A Yes, I know that he's on the staff of James
Walker.



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Q Have you sought the removal of any of these 
persons for their philosophy of treatment of indigent 
patients - removal from the staff of James Walker?

A I don't know their philosophy, I don't know 
Dr. Gibson*s, if that's what you are referring to.

Q How do you know Dr. Eaton's?
A I have known Dr. Eaton for about 11 years.
Q How do you know Dr. Eaton's philosophy of the 

treatment of indigent patients?
A I discussed clinics with him once in the past, 

and we discussed specifically circumcisions.
Q Do you know when this was?
A A number of years ago in the case of circum­

cisions; and we had some slight discussions of clinics 
which were held and weren't held about a year ago.

Q Do you think that every member of the staff 
of James Walker Memorial Hospital agrees with your 
philosophy and disagrees with Dr. Eaton's on this point?

A I can't answer that.
Q Do you think they all agree with you?
A I can only answer for myself; I don't know

how they feel.
Q But you do know that Dr. Eaton disagrees with

you?
A I am giving you my opinion as a result of



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conversations which I have had with Dr. Eaton in the 
past.

Q Have you ever watched Dr. Eaton perform 

surgery?
A I don't recall whether I have or not.
Q Did you make any attempt to study the charts

of his operations before you voted?
A I have seen Dr. Eaton's charts because I was 

on the audit committee of Community Hospital for a year.
Q Were these charts satisfactory?
A I can't recallj I don't know. Dr. Eaton can 

tell you whether there was anything questioned on them or 

not.
Q Now, you talked about Dr. Eaton's formal 

training. Are you referring to the fact that he is not 
Board certified?

A I didn't say Board certified.
Q Well, I'm asking you.
A I'm talking about residency training.
Q Wherein do you find his residency training

to be deficient?
A I don't believe he has had four years of a 

graded residency.
Q Are there physicians on the staff at James 

Wallcer who have not had that period o 1 training



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A There are, but I have never had an opportunity
to vote yes or no on them,

Q Isn't it true that there are over ten 
physicians on the staff at James Walker who are not 
Board certified surgeons?

A I have no idea how many.
Q There are such persons?
A There are such persons, but I would be surprised

if there are as many as ten.
Q Did you in any way resent the fact that Dr. 

Eaton's application was resubmitted to the staff for a 
vote?

A No.
Q Then why did you change your vote?
A I didn't actually change it. I forgot about

the first ballot until it was too late to act on it one 
way or the other.

Q Did you make any attempt to contact Dr. Eaton 
and talk to him about his medical philosophy prior to this 
second vote?

A No.
Q How many licensed physicians can you name to

me in the City of Wilmington who are not now and who have 
not been on the staff at James Walker?

A Three.



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Q Will you give me their names, please ?
A Dr. Yates, Dr. Elliot, and Dr. C. B. Davis.

Q Has Dr. Davis ever applied?
A I have no idea.
Q Do you know of any guidelines or standards

concerning how to vote - what to consider when passing 
on a staff application which is presented to the medical 
staff?

A No.
Q Do you know that the credentials committee 

passed favorably on Dr. Eaton's application?
A I don’t recall.
Q This Dr. Elliot that you mentioned, was he a

former health officer of the city?
A Yes, sir.
Q And Dr, Davis - is he also a health officer?
A Yes.
Q Did you discuss Dr. Eaton’s application with

other physicians on the staff?
A I don’t recall.
Q Tell me what your understanding is and has

been of the lawsuit brought by Dr. Eaton against the 
hospital.

A Well, all I know is what I read in the news­
paper.



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Q Tell me what you read in the newspaper.
A That he Is requesting the Judge to hold the

Board of Managers of the hospital in contempt of court.
Q Now, what was your understanding of the 

legal proceedings prior to this time?
A That a suit was either tried or pending, as 

a result of which the hospital was ordered to admit 
physicians and patients without regard to race or creed 
or color or sex.

Q Do you think that the staff should be permitted 
to deny privileges to physicians on the grounds of race 
or sex?

A No.
Q How long have you been on the staff at James 

Walker?
A I have been on one staff or the other since 

September of 1952.
Q How long have you been on the staff of James 

Walker? Your best estimate,
A I have been on one staff or the other, either 

courtesy or attending, since 1952.
Q Oh, I see. Did you vote against Dr, Eaton

in 1956?
A I didn't have the privilege of voting in

1956.



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Q Are you aware that the hospital at that time 
had an all-white clause In Its by-laws?

A I don't know when that was changed,
Q Did you make any move to change it?
A I had no active part in changing the con­

stitution,
Q Did you ever present to other physicians your 

objections to Dr, Eaton?
A I don't recall that I have,
Q Did you ever present your objections at a 

staff meeting?
A No,
Q So as far as you know, you are the only person 

who has these objections?
A These are my personal objections and I don't 

know whether anybody else has them or not,
Q And you have not communicated with anyone

else?
A I don't recall that I have,
Q It's very possible that other members of the 

staff could have voted against Dr, Eaton for many other 
reasons| correct?

A I suppose so,
Q In fact they wouldn't have to indicate their

reasons on the ballot, would they?



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A No.
Q ®iey could vote against him for racial reasons, 

couldn’t they?
A I don't know whether they could or not in 

view of the constitution as it is.
Q What are you referring to in the constitution?
A I don't think there's mention of race in 

the constitution as it stands, is there?
Q Do physicians who vote against a man have to 

indicate why?
A Not to my knowledge.
Q So to your knowledge they wouldn't have to

indicate any reason?
A As I understand it, that's correct.
Q Couldn't they then vote on racial grounds?
A I doubt it.
Q
A
Q

physician
A
Q

How would they be discovered?
I don't think there's any way to discover it. 
Could a staff member vote against an applying 

for totally subjective reasons?
I suppose so.
But race isn't one of those totally subjective

reasons ?
A
Q

May I interject something here?
Will you please answer the question. I will



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permit you to explain afterwards,
A What Is the question?
Q Could race be one of those subjective reasons?
A I don’t think race should enter into the 

appointment of somebody to a hospital staff.
Q You don't think it should?
A That's right, that’s my opinion.
Q But it could?
A I suppose it's possible.
Q Are you a member of the New Hanover County 

Medical Society?
A Yes.
Q Are there any Negroes in that medical society?
A Not to my knowledge.
q  Do you know that that medical society had an 

all-white by-law until recently?
A I don’t know.
Q Do you know that Dr. Eaton's application to 

that society was denied a number of years ago?
A I don’t recall.
Q Do you think affiliation with a hospital is of 

value to a physician?
A In many cases.
Q How about a surgeon?
A Yes.



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Q l8n*t a large portion of hlB Income earned 
in the operating room?

A Yes.
Q Doesn*t he serve the community In the operating

room?
A Most do.
Q Don*t you decrease his capacity to serve the 

community when you rob him of the opportunity to use an 
operating roan?

A Not in a single instance, no. OSiere are other 
hospitals.

Q Do you think Dr* Eaton should be removed from 
the staff of Community Hospital for the grounds that you 
have stated?

A No.
0 Is he good enough for Community but not for 

James Walker?
A Yes.
Q Is James Walker the best hospital presently 

existing in the community?
A It has the highest standards for practice.

I should qualify that. With one exception - Babies.
Q Why did you resign from the staff of 

Community Hospital?
A Because my present position requires me to be



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out of town so much that I couldn't fulfill my monthly 
service requirement.

Q What duties are you performing while out of
town?

A I'm interviewing prospective house officers)
I ’m attending meetings regarding surgery or medical 
education) I ’m attending seminars; and occasionally I 
am out of town on consultation regarding other programs.

MR, MELESNERJ Your witness.

CROSS-EXAMINATION

BY MR. HOGUE)
Q Doctor, in addition to this you take charity 

calls at James Walker, don't you?
A I do.
Q Do you operate on the majority of the charity 

surgical cases there?
A My resident does, and I am the attending surgeon 

in charge.
Q You are in attendance at most of these 

operations or all of them?
A I'm the responsible surgeon in all of them.
Q Now, you stated that James Walker had the 

highest standards for practice except for Babies



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Hospital?
A That's correct.
Q By standards, do you mean requirements with 

respect to qualification of a doctor; is that correct?
A To be on the staff, that's correct.
Q Now, what qualification does James Walker 

have to be on the surgical service which is not required 
at Community?

A James Walker requires that to be eligible to 
do major surgery that a surgeon shall have fulfilled 
the educational requirements of the respective board in 
surgery regarding his specialty.

Q Regarding his specialty. That means if it's 
thoracic surgery, he would have to pass that board; is 
that correct?

A He would have to have major surgical 
privileges through the American Board of Surgery or 
the Board of Thoracic Surgery, either one.

Q Now, Doctor, is it the trend in hospital 
administration now to Increase the standards required of 
members of the surgical staff and the other services?

A It is.
Q Does this hold true in obstetrics?
A It does,
Q What is the standard of obstetrics, if you



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know, the highest standard that Is usually placed with 
regard to qualifications to practice In obstetrics now? 
Is there an American College of Obstetrics?

A Yes, there is.
Q And of pediatrics; is there such a thing in 

pediatrics?
A Yes.
q  What would general surgery fall under?
A The American Board of Surgery.
Q State, if you know, whether most by-laws of 

new hospitals require these same standards?
A Uiey do.
Q Are these the standards that are generally

adopted in the Hill-Burton program?
A I am not aware that there is any relationship 

between these standards and the Hill-Burton program.
Q Now, Doctor, you say you have been on the 

staff at James Walker for 11 years; is that right?
A Since September of 1952, almost 13 years,
Q With respect to Dr. Eaton's application, was 

it handled in the same manner and under the same by-laws 
that white physicians' applications have been handled?

A It was.
Q When you went on the staff, were you voted

on?



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A Yes.
Q I believe, Doctor, you were coroner at one 

time, is that correct, acting coroner?
A Yes.
Q Presently I believe Dr. William Wheeler and 

Dr. Daniel Roane are on the courtesy staff of the 
hospital; is that correct?

A Yes.
Q And I believe Dr. Gray was also elected to the 

courtesy staff of the hospital?
A Yes.
Q And isn't it true that Dr. Roane and Dr. Gray 

were both plaintiffs in the action that was against the 
hospital?

A I don't know,
Q You don't know?
A No.
Q Do you know whether Dr. Roane and Dr. Gray

opposed the hospital bond issue?
A It's my impression that they did.
Q That was for the new hospital. As a matter of 

fact, the local Negro medical society opposed the bond 
issue for the new hospital; is that correct?

A That's correct.
MR. HOGUEt I have no further questions.



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RE DIRE C T-EXAMINATION

BY MR. MELESNER:
Q Doctor, what is the name of the board which 

certifies surgeons?
A Biere's no board that certifies surgeons.

There's the American Board of Surgery which passes on 
their credentials, examines them, and gives them a 
diploma.

Q Now, when we talk about a surgeon being Board 
certified, is it meant that he is passed upon by the 
American Board of Surgery?

A It means he has met the educational requirements 
and passed the examination.

Q Are these standard educational and examination 
requirements?

A Yes.
Q Can one presume that anyone who has passed

these requirements is a competent surgeon?
A Not necessarily.
Q Is there some probability about it? Are they

more likely to be competent than people who have not?
A Yes.
Q Do you know Dr. Elbert C. AnderBon?
A I  d o .



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Q Do you know that he has performed major surgery 
at James Walker Hospital?

A I don’t know whether cataracts and enucleations
are considered major or not.

Q Do you know that he is not certified by the
American Board of Surgery?

A It is my understanding that he is certified 
by the American Board of Opthalmology.

q Do you know Dr. Sigmond A. Baer?
A I do.
q  Do you know he has performed major surgery at

the hospital?
A I do.
Q Do you know he is not certified by the American 

Board of Surgery?
A I know that he has met the educational re­

quirements for the American Board of Obstetrics and 
Gynecology.

Q Do you know Dr. Paul Black?
A Yes, sir.
Q Do you know that he has performed major 

surgery?
A I don’t think he has performed major surgery.
Q Do you know that he is not certified by the

American Board of Surgery?



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A I do.
Q Do you know Dr. Thomas Craven?
A I do.
Q Do you know he has performed major surgery?
A I know that Dr. Craven has met the educational

requirements of the American Board of Orthopedics and 
is in the process of taking his examination.

Q Do you know that he is not certified by the 
American Board of Surgery?

A I do. He is not eligible because he is an
orthopedist .

Q Do you
A I do.
Q Do you

James Walker?
A I do.
Q Do you

Board of Surgery?
A I do.
Q Do you
A I do.
Q Do you
A I do.
Q Do you

/£-know Dr. James W. Dickey?

know he has performed major surgery at

know he is not certified by the American

And he was on the staff prior to me. 
know Dr. Robert Fales?

know he is not Board certified?

know he has performed major surgery at
James Walker?



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A I do* And he was doing so before I was on the
staff.

Q Do you know Dr, James P. Gibson?
A I do.
Q Do you know that he performs major surgery at 

James Walker?
A I do.
Q Do you know that he is not certified by the 

American Board of Surgery?
A I do. And I know he has met the educational 

requirements of the American Board of Surgery.
Q He is not certified by the American Board,

is that correct?
A As far as I know that*s correct, but he has 

met the educational requirements.
Q Do you know Dr. Charles P. Graham?
A I do.
Q Do you know he has performed major surgery at 

the hospital?
A I do.
Q And that he is not certified by the American 

Board of Surgery?
A I do.
Q Do you know Dr. Hair£?
A I  d o .



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Q Do you know that he la not certified by the 
American Board of Surgery?

A I do.
Q And that he has performed major surgery?
A Yes.
Q And that the same is true of Dr. George 

Johnson?
A I know that at one time Dr. Johnson was

offered to be taken in as a founder of the American 
Board of Obstetrics and Gynecology,

Q Do you know the same is true of Dr, Hooper D.
Johnson?

A Yes. And Dr. Hooper Johnson has met the 
training requirements of the American Board of Otolaryngolog 

Q And he is not certified by the American Board
of Surgery?

A As far as I know that*s true.
Q And Dr. George Johnson is not certified by the 

American Board of Surgery?
A He would not be eligible because he*s not a 

general surgeon. He is an obstetrician and gynecologist.
Q You know that he has performed major surgery 

at the hospital?
A I do.
Q You know that - j $ ' . a l s o  has performed



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major surgery at the hospital?
A Yes.
Q And that he is not Board certified by the 

American Board of Surgery?
A Yes.
Q Dr. Moore. The same thing is true of Dr.

Moore, isn't it?
A There are four Doctor Moores in Wilmington.
Q Dr. Robert A. Moore Jr.
A Yes. He has met the educational requirements 

of the American Board of Neurosurgery.
q  And Dr. Dorman. He's not a member of the 

American Board of Surgery?
A I don't Imow. I t  *>. /■* A> Me eg f I

_ „„„ dlerriiopedic-, \$<*-*&*■*.<* .Q Dr. Powell? t r ^  f

A Yes, I think he is a member of the American
Board of Obstetrics and Gynecology.

q  How about Dr. Thompson - Dr. G. R. C. Thompson?
A A3 far as I know he is not a member of a

board.
Q And he has performed major surgery at the 

hospital?
A
Q

Walker?

That's correct.
And the same is true of Dr, Walker - Dr, E. P.



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A As far as I know.
Now, Dr. Mason, what Is your understanding ofQ

what Dr. Eaton applied for; what staff did he apply to 
be on?

A The courtesy medical staff, I suppose.
Q Couldn't he be on the courtesy medical staff 

and not be permitted to perform major surgery?
A He could.
Q The answer is what?
A He could.
Q Now, do you usually forget to send in ballots 

in these elections?
A Very often I have.
Q Did you also vote against Dr. Roane?
A I did not.
Q So your objection as to formal training can't 

be very important, can it, because Dr. Roane hasn't had 
this formal training either?

A I don't know what formal training Dr. Roane
has had.

Q you don't know?
A No.
Q
A
Q

Did you know when you voted?
I don't recall whether I did or didn't. 
You didn't take the trouble to find out?



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A No.
Q Even though in part a man*s livelihood depends 

on it?
A That is your statement, not mine.
Q Do you agree with it?
A No.

MR. HOGUEt I object to the form of these 
questions.

MR. MELESNER: I withdraw that question.
Q Did you vote against Dr. Gray?
A No.
Q Do you know that Dr. Gray didn*t have this 

formal training either?
A That*s correct.
Q Do you think 22 years of surgical experience

with five years as a surgical chief of staff is the 
equivalent of four years of residency?

A I do not.
Q ;ow do you explain your vote for Dr. Roane 

and for Dr, Gray and against Dr, Eaton?
A I am a surgeon and in charge of surgical 

training and very much interested in the practice of 
surgery. Neither Dr. Roane nor Dr. Gray were holding 
themselves to the public to be a surgeon as far as I
know



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Q Are you saying that so far as you know neither 
of them performed surgery?

A I don't believe that Dr. Gray performed any 
surgery.

Q How about Dr, Roanej he did, didn't he?
A I don't think he perforated any general 

surgery. How, I could be wrong about that.
Q You were on the staff of Community Hospital,

weren't you?
A I have been.
Q And you are telling me that you don't recall 

Dr. Roane ever using the operating facilities at that 
hospital?

A I said "general surgery." He operated.
Q You don't think he ever did an appendectomy? 
A I don't know that he did; I don't recall.
Q Do you know that he didn't?
A No.
Q Did you call him up and ask him before you

voted for him?
A I did not.
Q Are you in favor of desegregation of the 

patients at James Walker Hospital?
A It doesn't make any difference to me.
Q Are you in favor of it?



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A Well, when you favor something, that’s positive. 
It doesn't make any difference to me whether they de­
segregate them or not.

Q You axe indifferent to it?

«

A Brat's right.
Q You wouldn't care if it were left the old

way?
A I wouldn't care if it was left the old way or

changed.
Q The old way was with all Negroes in a specific

section of the hospital, wasn't it?
A Not entirely.
Q Until recently all the Negro nurses were 

treating only Negro patients, isn't that correct?
A I suppose sos I don't recall exactly.
Q Are you likewise indifferent to the continuation 

of that policy?
A Yes, Let me say no. I would rather that they 

be all over the hospital in all areas,
Q Doctor, you seem to have particular standards

which you apply to an application. Let me ask you why 
you have these standards when the rest of your colleagues 
generally seem to follow the recommendation of the 
credentials oommittee.

A I can answer for nobody but myself.



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q  Doctor, you have oriticized Dr* Eaton for 
not establishing clinics at Community Hospital, isn*t 
that correct?

A When he was in a position to do so, yes.
Q When was he in position to do so?
A Since he has been chief of surgery.
Q Do you know how many general surgeons there 

are at the Community Hospital?
A No.
Q Well, now, if Dr. Eaton was the only surgeon, 

it would be very difficult to establish such a clinic, 
wouldn*t it?

A It would be difficult but not impossible.
Q Would the same be true if there were two 

surgeons?
A Yes.
Q And you know that there are only four Negro 

doctors in this community?
A I dan*t know how many there are,
Q Do you think you might change your opinion if 

you found that the few Negro doctors in this community 
were overburdened and overworked and that there was a 
great shortage?

A Help was available if they needed it.
Q Help from whom - from you?



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A Yes.
Q isn't it true that you tried to persuade many 

of the surgeons from James Walker to come over and help 
Community but they refused?

A No.
Q Did you ever try and persuade any of them?
A No.
Q Why didn’t you try? If you were really 

interested in getting a clinic there, you would have 
tried, wouldn’t you?

A No. Dr. Eaton---
Q You think it was Dr. Eaton’s business and not

yours?
A Dr. Eaton was chief of surgery, I was not.
q  And you could be indifferent to it?
A No.
Q But you never tried to bring that help over? 
A I'm not a recruiter.
Q Were you a member of the surgical staff at 

Community Hospital when Dr. Eaton was chief of staff?
A Chief of staff?
Q Chief of the surgical staff.
A Yes.
Q Did you ever attend any meeting of that 

staff?



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A Yes,
Q Did you attend more than one?
A Of the surgical staff?
Q That’s correct,
A Yes,
Q The answer is yes?
A Yes,
Q But you hesitated. That makes me think that

perhaps it was one or two at the most.
A I wanted to be certain, to remember some of 

the details to be sure, I have attended more than one 
meeting,

RECROSS-EXAMINATION

BY MR. HOGUE1

Q Doctor, I believe there was a change in the 
by-laws of James Walker Hospital in 1952 with respect to 
Board qualifications} is that correct?

A That’s right. I think it should be made clear 
that the change was that the person should have met the 
educational requirements for the boards, not that they 
should be Board certified.

Q And those were the qualifications you had to 
meet when you went on the staff?



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A That's correct.
Q And any person who comes on the staff now must 

meet those qualifications} is that correct?
A In order to do major surgery.
Q And at that time there was a grandfather 

clause, I believe, allowing those persons who had pre­
viously performed major surgery prior to that time to 
continue what they had been doingj isn't that correct?

A That is my understanding.
MR, HOGUE I That is all.

REDIRECT-EXAMINATION

BY MR. MELESHER*
Q What year was that change?
A 1952.
Q Isn't it true that Dr. Eaton was performing 

major surgery at Community Hospital prior to 1952?
A I do not know,
Q Isn't It true that in 1952 the James Walker 

Hospital had an all-white by-law permitting only white 
physicians to be on its medical staff?

A I don't know.
Q If that were true, Doctor, he couldn't have

been on the staff at the time you were put on the staff,



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isn't that so?
A I suppose so.
q  you couldn't very well apply that clause to 

him, could you, because he couldn't have been on the 
staff at that time?

A I intend to apply it to every application that 
comes up.

Q In other words, you think it's fair to keep 
Dr, Eaton off the staff for that reason even though at 
the time the by-law was adopted, Negroes were not 
permitted to be on the medical staff?

A I do.
Q Are you aware of the Judgment of this court 

in this case which was entered sometime in August of 
last year?

A Didn't we discuss that a few minutes ago?
Q Are you aware of it?
A Evidently, since we discussed it.
q  These physicians on the staff at James Walker

who do not meet the educational requirements, with respect 
to them do you believe they should be denied staff 
membership at the new hospital?

A I do not. That has been previously established 
and applies to the doctors at Community Hospital and 
James Walker,



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Q I am asking you whether you think these 
physicians should be denied courtesy staff membership at 
the new hospital which is not completed?

A I answered it, and I said I do not# I do not 
think they should be denied the courtesy privilege.

q  nils educational reason, then, is not 
sufficient grounds to deny them staff privileges at the 
new hospital?

A No. Because there is a difference between the 
new hospital and James Walker.

Q What is the difference?
A Ihe Community Hospital will be closed; and 

for someone to continue to make his living in surgery, 
it will be necessary for him to be on the staff of the 
new hospital.

Q So you wouldn't oppose Dr, Eaton's application 
for the new hospital?

A I don't intend to.
q  He is good enough to be on the staff of the 

new hospital but not good enough to be on the staff of 
James Walker?

A Because of the circumstances surrounding the 
bond issue.

Q His opposition to the bond issue?
A It has nothing to do with his opposition to the



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bond issue.
q  What are the circumstances surrounding the 

bond issue then?
A The governing board of the new hospital set 

a policy prior to the bond issue that any physician 
practicing in one of the two hospitals which would be 
closed would not have his privileges abridged when he 
came to the New Hanover Memorial Hospital. They expect 
to live up to it and I think they should.

Q But it's all right to abridge these privileges 
when you apply to James Walker?

A Well - and I think any new applicant to the 
New Hanover Memorial should have to meet the same 
standards as I voted on. In other words, Dr. Eaton 
comes into the New Hanover Memorial on a grandfather 
clause.

Q And this is your personal view?
A Absolutely.
Q Biat it's all right for these physicians 

without that education to be on the staff of the new 
hospital?

A Under the grandfather clause, right.
Q In your opinion that policy is a wise one?
A Yes.

MR. MELESNER: No fu r th e r  q u e s t io n s .



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MR. HOGUEj Nothing further

Signature of Witness*



L A W Y E R ’ S NOTES

P a g e L in e



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Ju ly  21 , 1965

p r , D A V I D  M U R C H I S O N , having been duly sworn, 
testified as follows:

DIRECT-EXAMINATION

BY MR. MELESNER:
Q Will you kindly state your full name and 

medical specialty, please.
A I am Dr. David Murchison. I practice medicine. 
Q Does that mean you are a general practitioner? 
A I Just said I practice medicine. I don't see 

that that has anything to do with it.
Q Do you have any specialty?
A I practice medicine.
Q Do you refuse to answer the question?
A What?
Q Whether or not you have a medical specialty.

MR. HOGUE: I will stipulate that he is
in the general practice of medicine.

BY MR. MELESNER:
Q Are you certified by any specialty board?
A No.

MR. MELESNER: I will accept that stipula­
tion.

q  How long have you practiced medicine, sir?



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A Forty-odd years.
Q

medicine?
How long have you been in Wilmington practicing

A Forty-odd years.
Q

Society?
Are you a member of the North Carolina Medical

A Yes.
Q Are you a member of the New Hanover County

Medical Society?
A Yes.
Q

Hospital?
Are you on the staff of the James Walker

A Yes,
Q How long have you been on that staff?
A Forty-odd years.
Q Are you on the staff of Community Hospital?
A No.
Q Have you ever been on that staff?
A No.
Q

Hospital?
Do you perform surgery at the James Walker

A No.
Q Did you in December of 1964 and again in

February of 1965 receive ballots from the president of
the medical staff of James Walker, ballots on the application



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of Dr. Hubert Eaton for staff membership?
A I don't remember what months they were. I 

received some ballots.
Q Could It have been about that time?
A Might have been.
Q Did you discuss these ballots with anyone?
A TSiat's my business.
Q Do you refuse to tell me whether or not you

discussed these ballots with anyone?
A I do.
Q Are you aware of a lawsuit of many years' 

standing in which Dr. Eaton has sought medical staff 
privileges at the James Walker Hospital?

A Repeat that.
Q Are you aware of a lawsuit brought by Dr.

Eaton?
A Aware of what?
Q A lawsuit brought by Dr. Eaton in order to 

obtain medical staff privileges at the hospital.
MR. HOGUE: He could hardly not be aware

of it, being here this morning, I would say.
(To the witness) The question was: are you 
aware of a lawsuit? I don't think he understood 
the verb "aware.M

A Yes, I remember there has been a lawsuit.



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Q Do you remember that Dr. Eaton has applied for 
medical staff membership In the past?

A I think so, yes.
Q In 1956?
A I don't remember what year.
Q Could it have been about that time?
A Might have been.
Q And i960 again?
A I don't remember.
Q Could it have been about that time?
A Yes, it could have been, I guess.

Q Now, when you received these ballots
of months ago, what did you do with them?

A I returned them to the proper authority. 
Q How did you vote?

THE WITNESS: Is it compulsory, Mr. Hogue,
to answer that question?

MR. HOGUE: Doctor, I can advise you only
that in my opinion - and I don't represent you - 
you can refuse to answer it, and then the burden 
is upon them to apply to the court for an 
order requesting you answer it. If you want to 
refuse to answer it, you should state to the 
record that you are claiming a personal privilege. 
Now, this is ray opinion about it, and I may or



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may not be correct.
A Well, I will declare It my privilege that I 

don't have to answer it, but I will say I voted against 
him, and I'll tell you that it's on the racial question.

Q It's because of race?
A The racial question. And the race is the 

human race, I'm interested in the human race, not black, 
not white, not mulatto.

Q How are you interested in the huraah race?
A Just like I hope everybody else is.
Q You don't think Dr. Eaton is interested in the 

human race?
A I think I won't answer any further questions.
Q Doctor, do you believe that you have a right

not to answer those questions?
A I think so.
Q You don't believe that you have to tell me 

the reason on which you voted?
A I don't think soj I don't think I need to tell 

you that.
Q You mean you could deny Dr. Eaton staff 

privileges for any reason you think best?
A Sure, I think if it's best for the human race, 

I think I can deny him his rights.
Q And it's what you think is best for the human



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race, is that correct?
A I Just said that.
Q Is that the basis on which you voted against 

Dr. Eaton?
A I said it.
Q You just thought about what was good for the

human race and decided that it wasn’t good for the human 
race for Dr. Eaton to be on the staff of James Y/alkerj 
is that correct?

A lhat is the third time you have asked me that 
question.

Q Is that correct, sir?
A I Just said it.
Q Are you going to oppose Dr. Eatqn for the 

staff of the new hospital?
A Ihat question will have to be decided when it

comes up.
Q Are you going to oppose him?
A That question will have to be decided when it

comes up.
MR. HOGUE: I want to interpose an ob­

jection in this record to questions about the 
staff of the new hospital. There is no 
evidence here that this doctor is on the staff 
of the new hospital or that any doctor is on the



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staff of the new hospital or that any doctor, 
including Dr. Eaton^is eligible for the staff 
of the new hospital since it hasn't been 
formed. I would like that in the record.

BY MR. MELESNERi
Q Have you ever watched Dr. Hubert A. Eaton 

performing surgery?
A No.
Q Have you ever been on the staff of a hospital 

of which Dr. Eaton was on the staff?
A No.
Q Did you make any attempt to study the charts 

of operations conducted by Dr. Eaton prior to voting on 
his application?

A No.
Q Your vote against Dr, Eaton is based on your 

own subjective belief, is that correct?
A I didn't say so.
Q Well, you haven't Investigated Dr. Eaton, 

have you?
A No.
Q Are you aware that the credentials committee

of the hospital passed favorably on his application?
A ©ley usually do before they present them to

the staff. I didn't see them.



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Q You didn't see the credentials committe 
report ?

A I don't think I did.
Q Don't you think that is something you might 

look at before you cast your ballot?
A No.
Q I didn't get the answer. Would you repeat it, 

please.
A The answer is no.
Q It doesn't matter to you that they decided he 

was a competent physician?
A No.
Q That he passed all the requirements set out 

in the by-laws?
A No.
Q Why doesn't it matter to you?
A I'm interested in the human race.
Q Did you vote against Dr. Eaton in 1956 and

I960?
A I don't rememberj I probably did for the same 

reason.
Q Oh, it was the same reason?
A For the same reason.
Q The racial reason?
A Human r a c e .



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MR. HOGUEs Now, I want to interpose an 
objection in this record at this time and 
move to strike all of these answers for that 
there is no evidence that Dr. Eaton was voted 
on by the staff in 1956 or i960.

BY MR. MELESNER:
Q Are you aware that the Board of Mangers of 

the hospital has been ordered by the federal court not 
to discriminate on the basis of race?

MR. HOGUE: I want to object to that
question on the grounds that the order of the 
court speaks for itself and that the statement 
made is not accurate with respect to the order.

MR. MELESNER: Let me withdraw the ques­
tion.

Q Doctor, I'd like to know more about what you 
mean by the phrase you keep repeating, "human race."
Would you tell me how that relates to Dr. Eaton's 
application?

A I don't think it takes much imagination to
understand that statement.

Q Well, I am afraid my imagination is sadly 
lacking, so I would appreciate it if you would elaborate.

A I think I'll stand on that question.
Q You refuse to answer any further?



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A Yes.
Q You refuse to tell me what you mean when you 

use the phrase, Hhuman race”?
A Yes. Because I think it ought to be under­

standable to an intelligent person.
Q Why would it be understandable to an intelligent

person?
A I didn't hear your question.
q  Why would it be understandable to an intelligent 

person?
A Because it's English.
Q Why would Dr. Eaton's admission to the staff 

be detrimental to the human race?
A That's an opinion of mine.
Q On what is your opinion based?
A I decline to answer that.
Q You don't think you have to answer?
A I don't think so.
Q You don't think you have to answer for your

vote?
A I don't think so.
Q You can vote for any reason you see fit?
A Just as I can for the President of the United

States in my opinion.
Q So you could vote against Dr. Eaton because of



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hia race?
A I could vote against him for that or any other 

reason In my opinion. I'll say that his color is not 
the only reason that I voted against him.

Q Oh, it's not the only reason?
A I voted for him because of his human race,

REPORTER: "I voted for him because of
his human race”?

THE WITNESS: I say that's not the only
reason I voted against him.

MR. MELESNER: (To reporter) I think you
best repeat the whole colloquy as you have it.

Q You say that race wasn't the only reason.
What were the other reasons?

A I decline to answer that.
Q You don't believe---
A I have already answered that question five or 

six times.
Q You could have voted against Dr. Eaton because 

of the way he looked, couldn't you?
A Yeah. The way he smelled or anything else 

about him if I wanted to.
Q Are you aware that almost every white physician 

in the City of Wilmington has staff privileges at James 
Walker Hospital?



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A I know that most of them have; I don*t know
that it's almost everyone.

Q How did you vote on the application of Dr. 
Roane for staff membership at James Walker?

A I decline to answer.
Q How did you vote on the application of Dr.

Gray?
A I decline to answer.
Q Would their admission to the staff have been

detrimental to the human race?
MR. HOGUE: I want to object to that

question on the ground that it is in evidence 
that both Dr. Roane and Dr. Gray, both being 
Negro doctors, were placed on the staff of 
James Walker Memorial Hospital.

BY MR. MELESNER:
Q Now you can answer the question, sir.
A I decline to answer.
Q You decline to tell me whether or not the 

admission of those two physicians to the staff would 
have been detrimental to the human race?

A I decline to answer.
Q Doctor, I am going to read you a paragraph 

from a letter sent to the Members of the Attending 
Medical Staff at James Walker from Dr. S. E. Warshauer,



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president of the medical staff. This letter is dated 
February 3, 1965, and it transmits a ballot which is to 
be cast with respect to Dr. Eaton*s application. The 
following paragraph which I am going to read to you 
appears in that letter, and X want to ask you some 
questions about it after I read it to you. The paragraph 
is as follows:

"The secretary of the governing body, Mr. 
Martin, has left it up to the medical members of the 
Board of Managers, namely, Dr. Knox and Dr, Warshauer 
to make the necessary explanations, and any member wishing 
details in this regard may discuss the matter with the 
medical members of the board."

What do you make of this paragraph?
A Read it again.
Q "The secretary of the governing body, Mr. 

Martin, has left it up to the medical members of the 
Board of Managers, namely, Dr. Knox and Dr. Warshauer 
to make the necessary explanations, and any member 
wishing details in this regard may discuss the matter 
with the medical members of the board."

Would you care to see it, sir?
A Yes.

(Letter handed to witness.)
Q Now, Just what do you think is meant by



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"necessary explanations"?
A I don't know what they meant.
Q During the years you have been on the staff 

at James Walker, have you voted on many applications for 
staff membership?

A Yes.
Q Are you generally familiar with the procedures 

involved?
A Procedures? Certainly I am.
Q So as far as you are concerned, these necessary 

explanations wouldn't be concerned with procedure?
A I don't know what they meant. No, not 

necessarily. I don't know what they meant by that.
Q Are you aware, Doctor, that Dr. Eaton has 

brought 3uit on behalf of himself and his daughter against 
the school board of this county seeking desegregation of 
the schools?

A Against what?
Q I'm sorry, I did not hear that answer. Would 

you repeat it?
A Against what ?
Q Against the school board.
A I don't think I remember anything such as

that; it hasn't stuck in my memory. I may have seen it, 
but I don't remember it clearly.



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Q Do you know that Dr, Eaton has sought de­
segregation of the state and local medical society?

A I couldn't say clearly. I think he probably 
has, but I wouldn't swear to that.

Q Are you a member of the county medical
society?

A
Q
A

You have asked me that once.
Are you a member of the county society? 
You have asked me once. How many times do

you want me to answer it?
Q I am afraid I have forgotten the answer,

sir.
MR. HOGUE: He answered it yes. I will

stipulate that he is a member of the society. 
MR. MELESNER: Thank you.

Q Do you remember Dr. Kennon C. Walden?
A Yes.
Q What kind of a physician was he?
A A good physician.
Q Competent physician?
A Yes.
Q Was he an ethical physician?
A Usually, yes.
Q Did you oppose him for the staff at James

Walker Hospital?



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A I'm not sure, but I think I did.
Q Why did you oppose him?
A I decline to answer.
Q Wasn't Dr. Walden the chief surgeon for the 

Atlantic Coast Line Railroad?
A That's my recollection.
Q After Dr, Walden was denied staff membership, 

didn't the railroad place its employees, its sick 
employees, in a different hospital?

A I'm not sure of that, I can't answer that 
definitely.

Q Your best recollection,
A I can't answer it definitely. I know there 

was a threat to do it, to my recollection, but I can't 
say that it was a hundred per cent.

Q Did this play any part in your decision to 
oppose Dr, Walden?

A I decline to answer,
MR. MELESNER: I have nothing else.

CROSS-EXAMINATION

BY MR. HOGUE:
Q Doctor, as far as you know, Dr. Eaton's 

application was handled under the same procedures as every



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other application has been handled with respect to every 
physician, Negro or white, who has applied for the James 
Walker staff; is that correct, sir?

A It was put in twice as I recollect.
Q Would you state whether or not any member of 

the governing board or the director of the hospital or 
the hospital attorney in any way attempted to influence 
or sway your vote in the matter?

A I don't recall any conversation or any suggestion 
from the board of directors or the attorney or the 
superintendent•

q  And I believe there are presently two Negro 
doctors on the staff, Dr. Wheeler and Dr. Roane; is that 
correct, sir?

A Yes.
MR. HOGUE: I have no further questions.

REDIRE CT-EXAMINATI ON

BY MR. MELESNER:
Q Do you recall attending the meetings which 

discussed Dr. Eaton's application?
A No, I don't recall it.
Q Do you know how many years of surgical ex­

perience Dr, Eaton has had?



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A Not the slightest idea.
Q Do you know how many years he has been surgical 

chief of staff at Community Hospital?
A No.
Q Do you care?
A Not much.

MR, MELESNER: No further questions.

Signature of Witness:



L A W Y E R ’S N O T E S



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D R . J O H N  0. P E R R I T T, J R ., having been 
duly sworn, testified as follows:

DIRECT-EXAMINATION

BY MR. MELESNER:
Q Would you state your full name and medical 

specialty?
A John Olin Perritt, radiology.
Q And I believe, Doctor, you are on the staff 

at both Community Hospital and James Walker?
A Uiat is correct.
Q How long have you been practicing in Wilmington?
A Nine years•
Q Do you recall in December of 1964 and again 

in February of this year receiving a ballot from the 
president of the medical staff at James Walker to vote 
on Dr. Eaton's application for staff membership?

A Yes, sir.
Q Do you recall how you voted on those 

occasions?
A Yes.
Q Would you tell me how you voted on those 

occasions?
A I voted in favor of Dr. Eaton's admission.



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Q I'm sorry, I didn't hear the answer.
A I voted in the affirmative for his admission 

to the staff.
Q On both of those occasions?
A Yes, sir.
Q As a member of the staff at Community Hospital 

have you had occasion to observe Dr. Eaton in the hospital?
A At staff functions, but not professionally.
Q To the extent of your observation of him, 

was your opinion of Dr. Eaton as a physician favorable?
A Yes, sir.
Q Do you know of any reason why he should not 

be on the staff of James Walker?
A No, sir.
Q As I understand it, one Just marks his ballot 

and sends it back; is that correct?
A That is partly correct.
Q Or you can tear it up and that also serves 

as an affirmative vote?
A Yes, sir.
Q So no reasons need be given?
A Not to my knowledge.
Q Isn't it possible, then, for another physician

on the staff to vote against the man who is applying 
for any old reason he sees fit?



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A I guess so, sir.
Q Subjective considerations?
A Yes, sir.
Q Personality considerations?
A Yes, sir.
Q Could even be something like race, couldn't

it?
A That's conceivable.
Q Are you aware that the credentials committee 

at James Walker had passed favorably on Dr. Eaton's 
application?

A I believe it's the usual practice for the
credentials committee to pass on an applicant before the 
applicant is submitted for a vote by the staff; I assume 
that that was done.

Q Is that an endorsement of the applicant's
competence and character under the by-laws?

A As far as I know, sir, it is.
MR, MELESNER: That is all from me.

CROSS-EXAMINATION

BY MR. HOGUE I
Q Doctor Perritt, when you voted on Dr. Eaton, 

did any member of the governing body of the hospital,



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that is, the board of directors of the hospital or the 
Board of Managers, attempt to influence your vote in any 
way?

A No, sir,
Q Did Mr. Robert Martin, the director of the 

hospital, attempt to influence your vote in any way?
A No, sir.
Q Isn't it true that Dr, Eaton's application

was voted on Just as all other applications for the 
staff have been voted on?

A As far as I know, that's correct.
Q And isn't it true that there are also presently

two Negro doctors serving on the staff of the hospital,
Dr. Wheeler and Dr. Roane?

A Uiat is correct, sir.
MR. HOGUE i I have no further questions.

Signature of Witness:



L A W Y E R ’ S N O T E S

P a g e L in e



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D R . F R A N K  R. R E Y N O L D S ,  having been duly 
sworn, testified as follows:

DIRECT-EXAMINATION

BY MR. MELESNER:
Q Would you state your full name and medical 

specialty, please.
A Frank Russell Reynolds.
Q How long have you been practicing medicine, 

Doctor?
A Fifteen years.
Q And how long in the City of Wilmington?
A Fifteen years.
q  Are you on the staff at the James Walker 

Memorial Hospital?
A Yes, sir.
Q And also at the Community Hospital?
A Yes, sir.
Q Do you recall in December of 1964 and again

in February of 1965 receiving a ballot on Dr. Hubert 
Eaton's application for staff membership?

A Yes, sir.
Q Hiis is at James Walker.
A Y e s , s i r .



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Q Do you recall how you voted on those occasions?
A Yes, sir.
Q How did you vote on those occasions?
A I think they were secret ballots, but I did 

not mail them in, which was an affirmative vote.
Q From your observation of Dr. Eaton at 

Community Hospital, do you know of any reason why he 
should not be on the staff at James Walker?

A No, sir.
Q Are you aware of any reason why he should not 

be a member of the staff at James Walker?
A Not that I know of.
Q Are you aware that the credentials committee 

at James Walker passed favorably on Dr. Eaton’s 
application?

A Would you repeat that?
Q Are you aware that the credentials committee 

at James Walker passed favorably on Dr. Eaton's 
application?

A If they hadn't passed favorably, it wouldn't 
have come up for a vote,

Q Is that an endorsement of Dr. Eaton's 
competence and character as a physician?

A I don't think so, no, sirj it's routine.
Q Do you mean that most every candidate gets



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passed by the credentials committee?
A To my knowledge most of them do, yes, sir.
Q isn’t it also true that almost every candidate 

for courtesy staff privileges is granted those privileges?
A Yes, sir, I think most of them are.
Q There probably aren’t more than one or two 

white physicians in Wilmington who are not on the 
courtesy staff; is that true?

A I can only think of two or three.
Q So the whole thing is pretty routine?
A Hie procedure is routine. Whether they get 

on or not depends upon the way they are voted, I guess.
Q Isn’t it pretty routine, though, for white 

physicians in Wilmington if all but one or two are on 
the staff; isn't the vote pretty routine?

A The vote is routine. I can think of other 
white physicians that were refused admission.

Q In the last twenty years?
A Yes, sir.
Q Do you know that in the last twenty years only 

two physicians have been denied courtesy staff privileges 
at James Walker?

A Well, I could think of only one, but---
Q So it is pretty routine, isn't it?
A I f  the m a jo r ity  o f  them g e t  on , y e s ,  s i r .



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Q It doesn't seem to be a privilege granted only
to the special few?

A No, sir.
Q Are you aware of the criminal charges that 

were brought against Dr. Eaton last fall here in the 
city?

A Yes, sir.
Q Are you aware that he was acquitted of those 

charges?
A Only from what I read in the paper, yes,

sir.
Q So it is your understanding that he was 

acquitted?
A Yes, sir, that's correct.
Q And those charges did not deter you from 

voting in his favor?
A No, sir.
Q Are you aware that there may be some people 

in this community, some physicians in the community, 
who oppose Dr. Eaton because of his race?

A I'm not aware of any, but I'm certain that there 
are some.

q  Doctor, at Community Hospital, are indigent 
patients given free treatment?

A Y e s , s i r .



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Q Do you find anything wrong with the philosophy 
of the treatment of indigent patients at Community
Hospital?

A No, sir, not right offhand.
Q Are there any changes in the present system

of treatment of indigent patients which you would 
recommend?

A No, sir, unless that it would be that more 
doctors participated in it.

Q More doctors in the community?
A Yes.
Q Are you aware that over the years members of

the staff at Community have attempted to get more of 
the physicians who are not on the staff to come over 
and help in the treatment of indigent patients?

A Yes, sir.
Q Have these efforts been unsuccessful by and

large?
A Yes, I*d say they have been pretty unsuccessful. 

MR, MELESNERt I have no further questions.

CROSS-EXAMINATION

BY MR. HOGUE:
Q Doctor, do you know of any difference in the



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procedure which was used with respect to Dr. Eaton's 
application to the staff of the hospital than any other 
physician's application?

A No, sir. It was sent out Just like any
other,

q  Just like all of the applications of white 
doctors have been handled since you were in the hospital? 

A Yes, sir.
Q And did any member of the governing board of 

the hospital, that isj the Board of Managers, attempt 
to influence your vote in this matter?

A No, sir.
Q Did Mr. Martin, the director of the hospital, 

attempt to influence your vote in this matter?
A No, sir.
Q And isn't it true that there are at present 

two Negro doctors on the staff of James Walker Hospital? 
A Yes, sir.
Q And I believe Dr. Gray was also admitted but 

he has since died; is that correct, sir?
A Yes, sir.

MR. HOGUE: I have no further questions.
REDIRECT-EXAMINATION

BY MR. MELESNER:
Q Do you usually attend staff meetings at James



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Walker Memorial Hospital?
A Yes, sir.
q  To the best of your recollection did you 

attend meetings in December of 1964 and February of 
1965 at the hospital?

A I was absent from one of them, but I can’t 
remember which one.

Q You think you were present at the other?
A I was absent during the hunting season.
Q How long is the hunting season?
A Well, I was on a duck hunting trip at 

Mattamuskeet, and I think it was in December.
Q So you were probably present at any meeting 

that was held in February or January?
A They only hold quarterly meetings at James 

Walker; so if they had one in December, the next one 
would have been in March,

Q So you would have?
A Yes, sir.
Q Isn't it true that there is hostility against 

Dr. Eaton on the part of certain physicians in this 
community because of what is called his civil rights 
activities?

MR. HOGUE: I object to that question as
being too general, and the word "hostility"



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being too general to be capable of being 
answered.

BY MR. MELESNER*
q  Let me withdraw the question and ask you if 

you think his civil rights activity has stirred some 
animosity among other physicians in the community?

A Not to my knowledge. It might have, but I 
don*t know of it.

Q Do you think it*s possible that his efforts 
to gain admittance to the New Hanover Medical Society 
may have induced some physicians to oppose him for staff 
membership?

A Not to my knowledge. It could have, but not 
to my knowledge.

MR. MELESNER* I have no further questions. 

Signature of Witness*



L A W Y E R  S N O T E S