Moss v. Lane Company Trial Transcript Vol. II

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Estimated to be Volume II.
Impact area
- Economic Justice
Topic
- Economic Justice
Collection
- Brief Collection
Taxonomy
Identifier
- a9dee3d2-be9a-ee11-be36-6045bdeb8873
Cite this item

Brief Collection, LDF Court Filings. Moss v. Lane Company Trial Transcript Vol. II, 1972. a9dee3d2-be9a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5beef4e7-c6f0-4c55-8330-fd2483319367/moss-v-lane-company-trial-transcript-vol-ii. Accessed July 09, 2025.

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    • P a ces  4f«0 -  84 2 
M arch 2 3, 1972

IN THF UNITFP STATES DISTRICT COURT

FOR Till- WESTERN DISTRICT OF VIRGINIA

AT LYllCKnUTG

FPED MOSS, J R - ,

Plaintiff

V .

THE LANE COMPANY, INC.,
D efen d a n t

NO. 69-C-72-F- (L)

j
iI

\

\ o b e r t  D. Yo u n g
\ A S S O C IA T E

RUTH JONES GREINER. C.S.R.OFFICIA- COU T TtEr'OSTtfl 
U n i t e d  S t a t e s  D i s t r ic t  C o u e t  

SO  P in e  S t r e e t  
B r is t o l . V i r g i n i a T e n n e s s e e



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and then it is five to one black now. It is not any
Siberia or some place they send people out there.

MR. GOLDSTEIN: It is not one of the better ones,
I think we are not really saying that the intent or 
motive of the company was to discriminate, but just

 ̂ '
in fact, the decisions were one way or another made on 
race and it turns out the way these decisions were mod

TUE COURT: If it is DUlde on race» ur‘le8S lfc
worked to the disadvantage of the employee, what is wr

with it?
MR. GOLDSTEIN: I think we are showing it works

• y
to their disadvantage.

THE COURT: I am speaking of the people in the
receiving department. How has it worked to their 
disadvantage? I am inquiring. I hope I am not gettin

too impatient.
MR. GOLDSTEIN: I think we are going to put on

some testimony about that.
T1IE COURT: All right, we will rece is until

nine o ’clock in the morning.
. Thereupon, court recessed at 3:40 p.m. to

reconvene at 9:00 n.m. on March 23, 1972 . .

_________  - W U - _____
--------------------------------------------- -- r u T M  J C N t S  C R L i N t R  C  S R

S T £ N O O I H MH Rfc PO 'TER
B R IS T O L .  V a  . T i n n  2 4 2 0 1

459



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\

r

certificate

X. Ruth Jone. Greiner. o f f ic ia l  reporter o f th .  

||unlt«d State . D U trlct court for th . Wert.rn O l.tr lc t  o f  

/irg in ia . horoby certify  that th . foregoing 1.  «  tr u ..  

laceurate and c o -p lo t. tranacript o f th . t . . t l » » y  offered  

and r c i v e d  and proceeding, had in th . ca .e  o f r r .d  * » . .  Jrj 

||v. r..e Lane Company. I n c .  No. 60-C -72-*<L ) . before th . 

L « , . b l .  > . E. Wldoner, dud ,, o f . . I d  court. and a Jury,

Ion iiarcu 21, 22, 23 and 24, 1972.

^ O f f i c i a l  Boimporter

ruth joncs o r iin m . c • r
•TKNoona.H Rteonrt* 

Rni.TOL, V* . H »» , 4 * 0 1



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IS

Motions 
Instructions 
Argument 
Charge to Jury 
Verdict
Motions

043

857

063
865

803

885

- w « .
RUTH JONES GREINER. C S R 

•TixoaMFH Riroan* 
•RISTOk, V* ! T«nm 2 4 * 0 1 * "0S*



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n  THP UNITED STATES P1STRICT_C00£T

pgr tiie western uisTiac^CL_yi^jL^^
AT LYNCHL'UPG

RLE MOSS/ JR.#
P l a i n t i f f

V. r, : *
:

'Uhl LAilL COMPANY, It»C« ,

D e fen d a n t

NO. 6 8-C-72-R (L)

TBALANCES:
GEORGE W. HARRIS, O R ., E SQ ., R oan ek e . V i r g in ia  

HENRY L . KARSH, H I ,  E S Q ., R ichm ond, V i r g in ia  

IAUL C . GARRETT, E SQ ., R ichm ond, V i r g i n i a  

BARRY L. GOLDSTEIN, ESQ.# New Y o rk , New Y >rk

C o u n se l f o r  rlai i t i f f

S . DOLLING HOODS., L S u ., L y n ch b u rg , V i r y i  iiA

W. BARNEY ARTHUR, ESQ., A l t a v i s t a ,  V i r g in ia
I

J. R. ALEXANDER, JR., ESQ., C h a r lo t t e ,  Sic r  til C a r o l in a

• ; _r . i,i,, i;"*C., Charlotte, nor1 . Carolina
C o u n se l f o r  D e fen d a n t

R U T H  J O N E S  G R E I N E R .  C  S R 
Stenograph Rcpowre*



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460

JC If D E X

tTITKESS:
Andrew Russell IIcBnheiocr 
Fred Moss, Jr.
Willie B. Eldd
Allen Hodges 
Douglas Johnson f

i
Willlaia Harry Coger/
Motion
Marshall J. Rlc
Lewis Goggln(Recalled)

(Recalled)
Luka Crum

E X H I B I T ^
Plaintiff:
Ho. 16 Application Fora of Fred l-loss, Jr*

•*> 4-t#

dson

DIRECT
462

CROSS REDIRECT KECR0SS
476 480 431

482 518 600

615
a '  ■

629 634 637 640

641 648 • •*- ■* •

649 665
678
679 686

705
840

770 804 806

808 822 839

Ho* 17 Letter dated February 1 to Mr.
Franklin D. Rocrcll, Jr. from Fred

f V A r*.*s*-< f < r»\
> m > . >  I  -■  -  • -  **

Defendant;
Ko. 2 Coapllation of Employnent; People Hired

Last Six Months of 1965
 ̂! J.C >

jUuit Six Montna of iywO

459

AA1

7 1 $

7li
J

J t U l H  J O N t S  - S R
Si l L N O  V ,  RfcHOMT-W

R K i m *  V *  T f . N N  ? *? * " * ’



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No. 10 

No. 11 

No. 12

No. 13 

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Httxxt increases ^uuuuxy
Cvi'rt

«*i r-  
/ < * « >

Chart
Recapitulation of Hires and Terminations 

Chart
Compilation Total Number of People Hired 
in April of Each Year; 1965-1971
Compilation Total Humber of People Hired 
in August of each year; 1965-1971
Sunroary of Involuntary Termination* - 
July 1, 1965 - December 31, 1971

726
731
732

733

735

736

Compilation of New Hire* - July 1, 1968
to September 30, 1968
Compilation of Hew Hires • July 1* 1971
to September 30, 1971
Raises of Certain Black Employee* 
(Identification Only
White* Hired at Same or lesser late 
than Fred Moss, Jr.

737

738 

743
j

743

R U T H  J C N C S  Oft O N E R .  C S R 
S r f N o a n A f H  H ! W i » r » p  

BRISTOL. V a .. T t N N  2 4 * 0 1 S O I  A -



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461

, THIRD DAY OR TRIAL v
March 23. 1072

, . . Thereupon, court reconvened et 9:05 o.sx., 
vhen the following proceedings were had In the preaenc i 
of the jury • • •

HR. HARSH: Your Honor, Mr. McEnheicwr will bo
our next witness. Before calling him, is It necessary 
to have the Interrogatory formally admitted or are
they j>art of the record?

THE COURT: The interrogatories are port of the
record, but they are not a part of the evidence. If 
you want the Interrogatories admitted, the usual way 
we do It in this court is to have the attorney who wanfja 
them in to read tb«sm to the jury.

MR. MARSH: Very well.
THE COURT: Do you want to put part of the

interrogatories into evidence?
MR. MARSH: Yes, sir.
THE COURT: All right, Mrs. Witt, at v I havo the

court file, please.
MR. MARSH: I don't need It lor thil witness.

•■c can c’.» *. a liter cL-jo in ttic proce<
v O J i A i l

MR. liV.lSH: I just wanted to krow wl at the
^ 5 0 1 * -

R U T H  J O N E S  G R E I N E R .  C  S R 
S T t N O t ^ H A i M  R t P O T T i R  

B r i s t o l , v a  . T c n h  I 4 J O I



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procedure in,

CO'JiU: That is tho usual vs/ to do it. Jus
read the questions and answers. I think in the xseantlio 
Mr. Marsh, one of your associates might notify the 
other aide which questions and answer* you propose to 
put in. Wo all know many interrogatories are filed th I 
may be admissible for discovery and may not be

fadmissible ati this time.( f
HR. MARSH: We would like to call Mr. Andrew

McEnheiner. '

AM>RSW RUSSELL McEKUEUER ’
having been duly sworn, was examined and test if i id as follow

DIRECT EXAMINATION
Ki MR. MARSH: ^

Q Please state your name.
A My name is Andrew Russell HcEnheiaer, age 42, 

Route 3, Rocky Mount, Virginia.
A n*V • * >m  «  ̂y■ f l t t  « « «  A  m V* 4  • ' I  ^

«| Ml tm w

rigiat now, but I want you to keep your voice up so the jurorj 
can hear you and tho Court can hear you and all of the lm*ye:

h. _ . ,i. . v. R lw :. ..::r, I l1. • ve at ers ! * ' • .
Lorded for lou Company/

A Yea, I did. ___________________________________
R U T H  J O N E S  G R E I N E R  C  S P

b f t N O O R A P h  R C P C M T L «

•?l V s  * • •' ? * < *n-»'-



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clnheimer - Direct 463

Q
A
Q

When was that?
Beginning in *65 and worked in *66.
HOW long hove you lived in »°cky “  tl»

,4

ea?
A
Q

All of ray life.
Uhen you worked lor The Lane Company, who anplejr]

A
Q

ployed?
A
Q
A
Q

>rking in

Mr. Lewis Goggin.
Did you talk to Mr. Goggin before you were

o

Yen, I did.
w • * • ,r

Had you had any prior experience?
Yea, I had.
just a minute, let me finish the question, 
the furniture industry before you c m  to Lanot

Yes, sir.
What was this experience?
Toiling a divider saw.
First, where did you work?
Bassett Furniture Company.
Where is that located?
In : c £ s'.t, V i i, in lu •
It u wt near here?
That is cbout 15 atlcs froa ehcr«_I _H w .

R O T H  J O N E S  G R E I N E R .  C  S R 
S r t N O O H A P H  R t P O f U t "  

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i.v.v <*id you Wuin. i.w/x." tt?
A Approximately two years.
q Two years. Had you worked lor Bassett any oovo 

than tluit one time?
A well, I had worked with them another tine in ths 

finishing room.
q Let’s look at some of these jobs that you had

at Bassett. Vhat were soo. of th. job. that you did vhil* 

at Bassett?
A 1 was tailing this divider saw at Bassett 

Furniture Company. One time 1 was working there, I was 
working in the finishing room and 1 was working as a relief

aan.
Q
A

Q

This divider saw, was this a cutoff saw?
A cutoff saw, and I had the divide the lumber. 
You say you worked in the filler r o »  or finish! a

room?
A Well, I was in the filler roam, but all of it

os connected together.
q What were you doing there?
A T v** vnhblng filler, X would do Ju<t

0<~- : i » i I, 1 ’i. a v  — • Lv

bathroom.
R U T H  J O N E S  G R E I N E R .  C  S *

8 T K N O O R » * H  R e p o r t e r

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q iuu uiu uxxi.ci.unt. joo»/
A Did Uii'turer.t job3,
Q In that room. What were some of |ftc other jobs 

that you did/
A Well, ranging, sanding* wiping out crowers, and

I sprayed a little filler.
q Did you ever work as a hand cunder?
A Yea, I Worked as a hand sender,
q Did you give this employment history to Mr.

/ 'Goggin when he interviewed you?
A Yee, I did.
q What was ycur initial job assignment at Lane?
A Rail clomp. '

THS COURT: I am sorry.
THE WITNESS: Rail clsap.
THE COURT: Roil clamp?
THE WITNESS: Yes, sir.

BY MR. MARSH:
Q Had you done this particular job At any of the

other companies that you worked for?
A Mo, Itedn*t..

*» v . ^ “***' „ 'c K ̂  v c'

y , ju talui your hc.nd and picU u~> to xauny pi£000 ai l yon iu;c
r u t h  J  IN K S  c k l i n k r  c  s  r

S Tf  (OCHAf-'K R U 'O U  H  
B H I S T C L  V A  T t N N  2 ^ 2 0 1



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UU jr »/‘W| —>r. *-y k" ■*■ *Vv y
jy i «» -jiu you go w a c jl«4.4** v*»i‘** tigh L «U i

You have a big huax&r that you drive £he wood down and get 
it level so it wouldn't take too much oil; of one side and 
not too touch off of the other, wlten they went to planing, , 
end you had to get it in there pretty good. „ >

q Did the Job require machine type skill that you

had been using before?
A It didn't.
q  yi-Ot was some of the other jobs that you did 

while you were at Lane?
A They would move me about to different places at

times. V ••

q  Was your permanent Job ever changed?
A Ho, ray permanent Job was never changed. 
q  All right, what was your inltisl starting pay, 

if you recall?
A I recall I believe between 32 and 35, possibly

35, I believe 32.
Q Thirty-five?
A A dollar 35.
o And von vere working on the day ahli t or nipbt

I \'C>s wording o*i night wir.ft.
- 5 0 7 « .

R U T H  J O N E S  G R E I N E R  C  S R
6 T 1 N O G M A P H  H i P O R T t N

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i JJiki C “* L\U i!CC 467

h
^ xuuutiwu »-u*i <iu i 4<rwB> ; -
A included uiiat?
q Weren’t you getting an extra nickel because you 

v?ere v/orking at night?
A 1 guess I vas.

MR. ALEXANDER: Your Honor —
MR. MARSH: I will retrace the question,
m s  COURT: That is all right. That is iouateri

The evidence is that the night shift got a nickel extr 
pay. He said lie guessed he got it.

BY MR. MARSH:
Q Mr. McEnheiaer, you started in April of '65 you1 . ''.I':

say ?
A It vas November of '65*
q When did you stop?
A Well, I was terminated in April of '66.
q Did your pay rate ever phango as fax as you knew

during that time?
A As far as I knew it never changed.
Q Did you ever ask for a raise?
A Occasionally I asked for 6 raise.
^ f.4- n f* ■? rJ ♦TfWt

u - w - i  4 — .  i , w ^ . , w v e i t  W -i i t 4. •

Q Who y.,;j3 your foreman?
R U T H  J O N t S  G R E t N t L * .  C  S R 

S t f n o o n a  ' h  R f c n o . » r - ' H  

B r i s t o l  V a  . T e n n  2 4 2 0 1

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4. —  w ACS

»— •. **-*»*• ••**«# yeJi.u6UK.i**. xu i.ii.m n , b a t  Mr* C n n

v~c over Mr. do he would reicr me to, Mr. Cruio tuid to
approve it belore I could get a raise.

Q You never did gat a raise?
A I never got a raise.
Q As far as you knew?
A A3 far as I knew.

TH2 COUHT: When did you start to work there?
» 
t

Tim WITNESS: I started in November of *65.
LY MR. MARSH: /

Q Ur. McEnhe inter, were there occasions when you
did not meet your assigned quota?

A Yes, there was.
Q Did you have occasion to discuss this matter vitj 

your foreman?

A Yes, we discussed it and he told me tJiat I was 
supposed to make arrangements, but the day shift didn't 
u7.w«ys get out their rate and for me riot to worry about it 
too catch, but try to do all I could do and bring thorn un.

Q Were you e w r  reprimanded because you didn’t ~~ 
let ne use another word •«* were you ever scolded <r chostlsci 
because vou m.*v« p

I!
i *  J a . ; l - O <jCi Ci • .c

•'1 *? f i r *  -f *->v * w» W  a. .  . - U w  vi 1 1  0 3  the i;.y vr.r,,
R U T H  J O N E f  G R E I N I f t  C  S  R 

S T I N O C i i P H  RF*»Ci « T £  «»

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IIcrEnhclmer -  Direct 469

Q Did you happen to, you said you askrd for a
i uise several t L : H o w  long had you bean working when yot 
asked the first tine? ' -

A After I had been working there six t celts.
Q Do you recall exactly hew many tinier you asked?. 
A yell, I don’t recall exactly how many times, but 

every time I got a check, I asked. It never was on it.
Q Do you happen to know whether or not there were 

any white employees hired there about the sane time you 
were?

A

Q
A

Q
A

Yes, there was.
Would you name of them.
William Reynolds, Robert Motley, Jiri Motley.
Do you knew how long they stayed at Lane?
They stayed approximately the seme length of tid

X did.
Q Do you know whether these throe wor cers had any 

experience, any prior experience in the furniture industry?
A«*
Q Did you know Fred Moss, Hr. Fred Moss, Jr.?
A Yes, I did.
'1 ':u him l>c for o you started to vork n

JUine?

R U T H  J O N E S  G R E I N E R .  C. S R
S T E N O G R A P H  R e p o r t e r

BXIS-rO' V*  T * N "  ? J » n i * S10IL-



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.Lû r • i/AiiiCt 470

—  W **• • v* 1 W U  fc w *v«*  M  k >_.♦ ......— xj *'•■**" » —

1 ifj O'» Ly iiv.o ĵ wa*ux •

Q Did you know him wlion you started to woxr*; at lao 

,id you »co him end know him on tho job?
A Yea, I knowed him on the job, 
q Wero you working on the saoo shift with him?

A On the same shift*
Q Were you working near him, do you recall?
A Well, I would say 1 was working approximately 

thirty feet, frexa him*
q  d o you recall Hr. Moss ever discussing filing a

complaint?
A

Q
there?

A

Q
A

Yes, I do*
About when was this during the time that you warj

Thi3 was around the first or middle of January* 
VJas it only ona time or was it several times? 
It was on occasion chat we discusser it*
THE COURT: Discussed it with whoa?
MR* HARSH: I o*» getting to that now.

{ Ki. MARSH:
o With whom were these discussions?

U3- ■

,cro sitting at luncntlua*
r u t h  J O N E S  G R E I N E R  C  S R

S T f N O O W A • H R F P ^ P T t H

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icEnheiraor -  D irect 4/1

q were there any white employees in your par creole
;iroup whan you i/cre discuflaing this?

A, No, there wasn’t, but tlicy were setting just a

Little bit away.
Q The incident that you referred to in mid January|

uuuld you tell us what happened there,
1 . •• *

I K .  ALEXANDER: Objection.
THE CGU&T: What incident in January?

j

Ktt. MARSH: Ha testified a few moments ago he
recalled an incident about mid January when he and Mr. 
Moss and coc* of the other employees were discussing 

filing a complaint.
THE COURT: Well, he just testified about that.
MR. tlIRSU: Yes, I want him to tell \diat happen©*

what he knows. He was there.
THE COURT: What is the relevance of it? The

conversation now os between Hr. Moss and t its witness.
MR. HARSH: 1 will point out —
THE cranT: It could onlv bo oelf-se rvino: on Mosn

part, a self-serving statement.
HR. HARSH: It is an issue aa to whether ths

rj  r t l i r ; ■ l i t .  o n
• , * *■

faow akour it, **4 our fU<Um \S '
it ranch l<î --nr than T-'.v?n t!*̂ y ■".hey kn "■v -iLe

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472.^ n h cv r jc r  -  D aj-'cct

i ; « Ate to prove ihaL
attention of 30tju company official?
m. marsh: Yes.
THE CoUiCT: An official of the company?

MR. HARSH: Yes.
THE COURT: Hot just an employee?
HR. MARSH: Ho, sir, an official*
THE COURT: Leave out the substance of

conversation, You are talking about fllir g a complain : 
MR* MARSH* Yes, the fact of the cocplaint, not

what was said*
THE COURT: All right.

BY MR.- MARSH*
q  Who was present during this incident in mid 

January?
A It was some white employees was setting kind of, 

a little bit away where they could hear what we were saying 
1CL. ALEXANDER: I move to strike it out. It is

a conclusion. Ho can’t know whether they could hear
it or not.

now r-f>tww . l / i t ’ s r

-j

Li HR* MAKS!!:

the vhite cray loyeec 

» -M

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S T F N O G R A R M  R l P O R T F R

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iw«-r - Lfucct 473

^ i4W« <****/
ju..̂  .i'oout two £oot uv'.-iy, juuc a piie of lumber, 

ja9 a little Ltuck. was between us. We was on one side and
they vjere on the other.

THE COURTI Who were the white employees?

BY HR. MAR.SU:
q Do you know their names?
A Well, these names that I called, they were sltti

amidst then.
q  The fellows you named earlier?

A Yes.
TUU COURT: Were they officials, foremen?
MR. MARSH: I am going to got right to that now,

your Honor.
3Y MR. MARSH:

q  What happened after they overheard this

:onveraation?
A After we went back to work at our dinner. 
q This is the lunch break?
A Lunch break, one of these guys went over and 

Miked with Mr. Crum, and immediately after he talked to Mr. 
—, *♦»>§ nnd not on Moor.

\ ,
- vj j  *■— uii-'-ii, **.. vvur « aai•-i

illi-. COURT;_V.iuit did Mr, Cn:n say_tf J io a a l
R U T H  J O N E S  G R E I N E R .  C  S  R 

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ieiinheuucr -  pirccc 1 4M

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1 couxua fc UiiikX teiklt UMiy.W^U
saying, but you cculd tell **•*

Tilu C0Ui;Ts 1 sustain the objection. This cam .
doesn't know the conversation.

m .  MARSH: 1̂ was going to ask hla t ow he
determined that Mr. Cruo was talking to Hr. Mos3 about 
this incident. I*think his description of the conduct

i

of both parties -•
I i

THE COURT: He said he didn't hear vhat they
saying. ■ /

MR. MARSH: Ha didn't hoar the vordb* but he saw
the reaction.

THE COURT: Ladies and gentleaen of the iury,
this last bit of evidence concerning this conversation 
with Mr. MeSnheixaer and Hr. Hoss and a couple of Othax 
people were having about filing a conplaint which were 
near Mr. Reynolds, Mr. R. Motley and Mr. J. Motley, 
about two feet away, it night be inferred that tic* 
Reynolds and Messrs. Motley heard vhat was going on, 
but whatever it was you nay take into account that one 
of the Messrs. Reynolds, Motley or Motley went over mi

cr-—* it hf"r* *•*•*+***''*

i_- -  v * *■ *
sa Id somethin" to :

R U T H  J O N E S  G R E I N F R  C  S H 
S T C N O G R A P H  R C P O » T f *  

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:;r. i:oast ard that is all you can--
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?A

jj^nheimer - Direct

cqr,tf XiiC4jufcuw. ~  v**
end ol it right now.

Y MR. MARSH:
q Mr. HeEnheLacr, 1 believe you testified that y< 

rorked in the oroe of Mr. Hos» during this tie* that you vei

here ?
A Yea, I did.
q Did you observe the difference in Mr. Crum e 

behavior toward Mr. Moss prior to this January incident and 
afterwards?

MR. ALEXANDER: Icbject to thifi, your Honor.
B» ha. not sot one particle of evidence toet Mr. Crua

vas told anything.
XUB COURT: I am not going to admit that.
MR. MARSH: Very well, your Honor.
THE COURT: In the first place, you are leading

your own witness.
MR. MARSH: I can rephrase the question.
Tins COURT: In the second place, if Mr. Crua

said something to Mr. Moss about filing a cooplaint 
in the hearing of this witness, just oak him.

^4j rs-»«wj «y Mr. Me*"* in
•* •

fiiin" a co-^laint?
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__  rr.~~. -n lot’s \r>r>v« that nu.»ic*cu
1  * K# w» w - * ▲ «  '  •«*•* ■*" ~<~r~ *

If the foreman end supervisor a i U  •onething- 
about this ca-^laint business that the wltnoci.ua 
heard, I am Going to allow then to testily to it. 
Otherwise, I think the deductions froa tl o conduct

a little bit too far.
JY MR. KARSH.

Q Hr. MpEnheimer, you worked around hr. N08* aBd 

other employees in your area?
A Yes, I did.
q Did you have occasion to observe these «*np yee*

md Hr. Moss during this period o£ tx**:?
A I didn’t understand.
Q Did you have occasion to observe Hi . » »•

>ther employees working around him during the period 
bhat you worked there from November of *65 to *P*U  of

.1

A Yea, I did.
MR. HARSH: I have no more question. voul |

you answer Hr. Alexander’s questions. j
CROSS OLMmiATIOH

BT m .  ALEXANDERS
i% tkf ftllt

t* you personally abo!,t your .U'o?_
R U TH  J O N E S  C . R F I N E R  C  S  R

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^  »• -V •» Hi 7

****** *4'
X. • •> I

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A It ia to work.
Q To work or toe pay?
A Work and pay.
q You work for money?
A Yes, I work for money. 
q  And you ere very conscious of hew much raoricy

ou make, of course, everybody is, right? Isn't that right?
A Very conscious of how much I make? 
q Yes. Your hourly rate —  you are well aware of

hat at all times and the raises that you get, aren't you?
A Well, they didn't put the amount you get on the 

heck, the raises, the amount you get on the chesk.
Q I just want to know if it was important to you 

to know whether you got any raises or not back at that time? 
iould it impress itself on your mind?

A I didn't get any raises. 
q That was an important thing?
A Yea, it was important for me to get one.
q You told the Judge and the jury that you went to

ftnrV, ?0o*>7

I£’> t-''it the first tlmr* you worked tt_~-_rrj_
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■i.iUKL JLUiCiT “ CCOSSi i'w3

w- k « w * W U  W  « r * »

t4»ci.*c in cu-uber of IS0*4* i^n*Y O i i  * A i l 'n .  t o  W O tt C

Q
A

,ujU correct?
A That was the £irat tiwo, 
q ’ you went to work there the first tias in Decocfcej 

y j \  and you didn't stay but five months, isn't that right?
A That is right.
q And you had trouble getting to work, didn’t you? 

;ow was your attendance, in other words?
A It was good,

pardon?
My attendance was good, except for a funeral. 

Except for what?
A funeral.
You went to work at $1*25 an hour, didn’t you? 

The first time?
Yes.
I guess It was.
You went to work the second time at $1.30?
I think it was $1,32.
Y°u chink it was $1.32?

.
T t-Mr-k \ t  |*M»S.

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___ / ^  J* v  »*  w  1 *’*' ' •r

That la i>c aible.
J T H  J O N E S  G R E I N E R .  C  S R

St c n o o k a ^ h  R c p O * t e r

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ijinhcluw r -  Cro.*t> 47?

k yuu ucuy
ucrit increase?

A I deny that.
q  And you dony it under oath and Uaoui for sura 

liat you arc speaking of?
Yc g , I deny it.
All right. And you left the company, you just

Q
A
Q
A

1 didn't leave the company.
Jots

lit, you didn't glye any notice, you Just didn't show up7 

A
Were you fired?
I was terminated.
Wluit were you terminated for?
1 had gotten hurt off of the Job and Hr. Goggin, 

didn't go beck end pick up my check. Mr. Coggln sent mo a 
itter stating that I was terminated and didn't take out 
*s insurance out of my check, out of the last check.

q  How long was it between the tine you stopped

or king there and you got a letter from Hr. Goggtn?
A Well, I had a leg pulled out of plac2. It t:aa

ppra:imatcly a month or six weeks.
q  SO you say you were terminated and didn't quxt.

.. c f.rr r month tn v— ks?
V.. *  V

- KV leg was veil enough to go
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UiEnhcixacr • Croj3 430

q lU-, m .. , X *»*uiw 4-0 — a w
,111  you  a d m it u /C t  you  w ere  o u c  on e  uonuu w it h o u t  c c n L a c e n

the company?
A I contacted the company.
q who did you contact?
A Hr. Ccggin. I carried him a doctor^ excuse. 
q  How long was that after you x/ere absent from vorjh
A lusediately after I was absent —  after I x;asn*

able to attend work.
q What would you say immediate 1*7 One day or

days or a week or a month?
A On a Monday after I was hurt on a Saturday.
q  Were you in the hospital?

A I was not.
q  So you were fired, right?
A Well, he said terminated. I don't know whether 

fired or what you call it. It was terminated.
?£U ALEXANDER: All right, that is ell.

redirect examination

i;T m .  Mteum:
q McEnhcimer, while you were work .ng during

„M .S t4r« them i r m  "wmhnr, '*5 to April of '€«, how v m

v j ■ ■■ ‘ '■' s v  W  4.  * <w* %« *■*

/ v i U  *~ell y o u , b r l tvx a  little ---
- S 3 I a

R U T H  J O N E S  G R E I N E R  C  S R
St e n o o h a ^ m R i P O « r t «

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V% J. ' „

A The foreman,
q The iorcnuin. Was there any other w*;y you would

know you got a raise? Muq there any posting or listing?
A No, there wasn't.
q Other than this telling about a foreman or

bringing this pink slip around, would there be any other 
way of an employee knowing whether he got a raise?

A Not as I know of.
Q Were you told by your foreman during that tlma 

that you had gotten a merit raise of any kind?
A 1 wasn't.

M&. MARSH: That is all the questions.
RECROSS EXAMINATION

BY MR. ALEXANDER:
Cj Were you farming while you were tel .ing the 

company you were unable to work at the company?
A I was not.

MR. MARSH: Excuse me. I object to that as not
being responsive. i

THE COURT: Overruled.

. ,'ARSU: »fjiy this witness also
R U T H  J O N E S  G R E I N t R  C  S R

S T t _ N O G « A « » H  h l H U M i K K

B h i s ’ j l  V a  T e n n  a  4 *• •» > i

h* excused?

-S3SL*



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McF.nhc liner - Recroso

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«« want to Weep this vltnea. har|

£or a little while.
aii vtpht You ciay stand down.Till* COURT: AH- rlgnc. x

, i. the coutthouse.Biease eon t leave uit
(Witness excused.)

MR. MARSH: Mr. Fred Moss. your Honor.

FREI> MOSS, JR.

havtnS been doty U  waa ^
d ir e c t  e x a m in a t io n

I

BY MR. MARSH:
q  Mr. Moss. I Rnow you have a speech ^edinent.

. alouly and distinctly and loudly enough ao but: try to speak slowly ano
i H ip tudie and the lawyers. Tate the jury can hear you and the Judte

your time and don’t rush your answer..
A I will.

What is your name and address!
„ i box 385, hardy, Virginpred MOSS, Jr., Route 1. B°*

What is your *&«» Ilr* :!c2,?
Forty-si** , t«r I'm
w n t  is your educational train b-

Q
A
Q
A
Q

1 • * •
24 ,

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25 ij ___a.
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I finished hij;n achooi.. I w,t

-----------E S  Vh C S M
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>ss - Direct 483

Addison High School in Koanoice, Virgraia. I w n t
,, worth Carolina, andif year at A & T College in Greenacoro, 

fininhcd —  I took a 13 uonth course at a trade school In
hliadelphia, Pennsylvania. Carlcon AutoaoSivo T:ade School.

I -
q Carlton Automotive Trade School? „ -

A Yes.
Q was your high school training Interrupted by a

iervice tour?
A Yes, It was. For 26 months that I spent In the

service,
q Then you came back, and completed?
A Then I come back and vent to high school and 

inished and then went to A & T and then from there to 
hliadelphia.

q why did you change from A & T College to trade
chool in Philadelphia?

A One reason, my G. I. time vaa runnlrg short and 
L didn’t have enough G. I. time left to finish * three year 
course for which I wanted to go, and so then 1 cecided after 
line months, to go to an all trade school where I would have 
all practical work and very little theory.

.'u: you u) after you finished, stopped y
L-aini;.;, ui u«i j.iii.iucu-i.rUA.u scuool;

A uGl i  i rem a in ed  in  Pu_i]atlelphia >ov—-:L2—
R U T H  J O N E S  G R E I N E R .  C  S R

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„ > . j  ~  ' • * 4. w

434

q  ’;lr.d cf contractor?

A uc was a house builder, where he builds homes, 
ntl it was my job to help the carpenters, such as removing 
ujterials, handing up lumber, cleaning out the house and 
ioving in sink3 , plumbing and so on like that. 

q After this job, what did you do?
A After that job, I come back to Roanoke.
q yhat was your first job in Roanoke?
A My first job in Roanoke was with T. P. Hunter

Service station, which was located then on the corner of 

Jefferson Street and Bullet Avenue.
q What did you do at this job?
A It was my job to pump gas, service trucks and 

cars. V/hen I say service, I mean to greasa them and change

oil, ft* flat tires, park them for people.

Q What was your next Job?

A iWxt I went to Fulton Motor Compuuy.

Q About how long did you work there?

A At Fulton Motor Company?

Q Yes, sir. i

A Roughly, about nine months.
• - » .. . .....  • ’ »•*«•• ’ Von •*

\

A j.r was my job to clean up the place

( v

sore o£ «
R U T H  J O N C S  G R E ' N f  R C  S  R 

S 7 f N O G H * P H  R t l  . T t H

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~ Direct Aci
jauxtor siuu luu ui'iuaaa, xx*e &uca -* gcxLxitg xox: Urn
i^chanics or like carrying a car to somebody wh-> would call

in for a car.
q  What was your next job?

Clover Creamery.
Where Is that located?
Roanoke.
How lohg did you work, on this Job?
About 'nine years, maybe, a little under nine and

A

Q
A

Q
A

a half.

Q
A

What did you do on this job?
On that Job It was ray duty to do «o-»t anything 

to trucks and cars, pull motors, overhaul motor i, transcaissl 
differentials, fix them on the road, go on the road and pull 
them in, if they couldn*t be fixed out there. Change tires, 
service them, just anything that had to be done in the line
of repair work on trucks and cars.

q  Why did you leave this particular j ) b ?

A Well, I had a little trouble there with a white
man. He kept picking after me, and I figured it was better
for me to leave than to get in trouble.

0 • yf>M firc*d fre^ tH»* \ob jus * vhr*t?
_j '“-1-j

i i.h xred /ou c-lLher c,uil. or 1 will I Ire you, I', you ^:! Y >‘°J
R U T H  J O N E S  C n t l N E R  C  S r

S T f N O O P * P H  R E P O P V  9

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>iib - Direct
/ O  £

jUiL , L W1U UCC V—  ** W'w*
:u vance, so l . vs* t.accicg »• o«*y, i ' t0 *•*? 1

q what was your next job after Clover Creamery? ,
A I worked tor myself then tor about t^o years.
q You say you worked for yourself. Briefly,

generally, what were you doing?
A well, I sold fruits and vegetables on the market

in Roanoke. I also took ay pickup truck, I converted it inti 
what they call a hustler's truck, drove up and down the 
streets selling fruits and vegetables and whatever items I 
could find in f.he country to bring into town anc sell. 

q What waa your next job after that ?
After that I worked a year on Smith Mountain Lak 
Briefly, what were you doing on that job?
On Smith Mountain Lake?
Yes.
JU3t general labor work. Wo were actually cutt 

the water line, the high and low water lino on Smith Mounta1
• J 'bake.

q Do you recall —  I know it haa been a long tiue. 
Do you recall your next job after Smith Mountain Lake?

j • * *.A M” rovf job v-"** Stanlloytoww.

A

Q
A

Q
A

'V
That is a furniture factory, whlca <->•» - tl»2

R U T H  J O N E S  G R E I N f R  C S R  
S T r r ^ o c n A P H  R e » o r t kr  

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** i y U 40/

.wwu w  ^  — —  u.... ~  ^  |
vtunley. It ii - Iui.nic.Ui.-fe factory and they ca.,1 it
StanleyLown Furniture Factory,

q Do you recall the typos of work that you did

unile you were working at Stanleytown?
A I worked in the glue room. 
q What were some of the things that you did in the

glue room?
A In the glue room, it was my duty to do whatever

the foreman said. I worked from one end of the glue room 
to the other, which ia just a small area. Then I worked 
behind the hot plate, I worked in front of the hot plate.
I fed the glue rollers. I fed the glue machine. I tailed 
the glue machine. And I applied ti» cores, the veneering
to the cores•

C llow long did you work at Stanleytown?
A About a year and a half.
q Why did you leave this particular j >b‘f 
A Well, it was too far to drive and tie pay was

mail and I didn't, X wasn't getting oany raises, so it was
£ar to drive. Xt was about 33 miles from house to

f r lcvtown onf* t,av.

w a  w *  r**" r * / jn* * * *
liy Ltaruin^ pay was $ 1.23 plus five cv-nta __

-  6  t n *R U T H  J O N E S  G R E W . E R  C  S R
S T F N O O W A ^ H  R t P O ’lT !  R 

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- Direct 486

tight difrerential*
What was your next jot* after you left Stanloytcwi 

A After I left Stanleytown, I worked then for

tty self again.
q How long did you work for yourself, do you know?

A About a year.
q Where was your next job?
A At Continental Homes. That is Is RoonecMill, 

just about, roughly eight or ten miles from «y house. 
q  About how long did you work there?
A I worked at Continental Homes less than ninety

days.
q Why did you leave this job?
A They were cutting out the night shift and I had

to have night work.
q Where was your next job?
A At Lane Company, Rocky Mount.
q Was this the first time you had worled at Lane? 
A That was my first time at Lane. 
q Do you recall approximately when you started at

.ne?

A

XL • a in August of *‘33.
you at oane i 

ilr. Coggin.
R U T H  J O N E S  G R E I N E R .  C  S  R 

Sr*NOG«A*M
p 9 | c r o ' .  V *  T

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„ pro you tell «*• * W » “  — L °“-y “a““ U t0

vork. at nifc,Uti
A Yes.
Q Why was It that you only went to work at night?
A yell, 1 had children in school sod lad somebody

at hooc, ay wife was working. Somebody had to lo at hone
day and night, so I chose night work and lot her keep her

i

daytioe job. j
q h o w J o ,  children do you have! I forgot to oak

A Howl /
<j yell, hou many did you have then!
A 1 hod five then. No, I had four then. There 

was only four living then. Nut .11 together I have hod five 
children, hut I lost one, so 1 still hove four children.

Q Uhen Mr. Goggtn hired you, did you fill out th 
application, what they call an application fora or eaployaer

form?
A Yes.

t h e CC'JST: Any autllotion node to :he top of

that fora was node by me in taking it out.
•DIE CLERK: Plaintiff's Exhibit 16.

3 ST.HT

i  it' ^ i \  u Jils
R U T H  J O N E S  G R t I N C R  C S H

S T f N O C P A P M  R f c « » C » T C .R

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J x h  i s  , - n  s v l i _ ~ t = a  - - -  ’- 3  T h s  U r . a  C e x p n y r .
sol: you If you roco-uloo that a3 tlio form that vos ftllcd
.t vucn you U;,un your employment or Tho Lone loapanyZ

A Yea, I do. 
q Did ilr. Goggin talk to you in addition to fillin

at this form, did you have a conversation with him?
A Yes, we had a short conversation. 
q Did he ask you about your employment history?
A The only thing that was said about ay employment 

istory that he noticed that I had worked at StcnUytonn in 
h o  glue room and I immediately told him right then, yes, I 
lid, but 1 didn’t want any more giuo room, so he said, '%Sell 
:he glue room here on the night shift is not opened up, but 

had planned on starting it after we got enough men vorkin 
I said, '’Don't put me in there. 1 don't want

any part of it."
^ Mr. Moss, I show you the same exhibit, plaintiff 

Exhibit 16, and ask you to look at the line, edveation and
training, and a bunch of numbers on it, 1 through 12. Uhich 
number did you circle?

No. 12.

ut in that line?
R U T H  J O N E S  G R E I N E R ,  C  S  R 

S t e n o g r a p h  R e p o r t e r

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< > >ild i ,  U ' C C t 4£1

I uiiuCidcund tiuiL. I/O you recall whut you put. 
if anything?
I put my training under G. I. Bill as automobile

It dons not show that now?
No, It does not show here now*
Do you recall the exact lettering that you had

No, l don't recall the exact lettering, but it 
was concerning special training and automobile mechanics 
my special training, so I put it down there.

Q There is a phrase here, ”No glue roc*." Did you
write that in?

A Yes, sir.
Q And the type work desired?
A Yes.

• • • Exhibit passed to Jury . . .
Q Mr. Moss, or the question o£ special training,

do you recall the exact words you wrote?
A No, I don't recall the exact words I %*rote but

r m , «Mfa ft would have been --

ii

in there, 
A

mechanic.
Q
A
Q

there?
A

a 'a.. CCU7> Ti SLete t»>e objection.
R U T H  J O N  t  S G R I ' N I R .  C  S R 

St k m o o r a « h NF.noRTF.e 
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n'.i you rn.it r.rry thing in -hot lino?
TO3 WITNESS: Oh, yes. Oh, yes.

COURT: To the best o£ your recollection uha

did you put in that: line?
THE WITNESS: Automotive mechanic or maybe A (* T

College, automotive training. You see, your Honor, I 
ca kind of proud of the training I got under the G. I. 
B1U, and any time that I get a chance to tell someone 
about my training, I don't mind doing so, so any 
application that I make out for any job and they ask 
the special training or special skills, I always put 
down automotive mechanic, or either the school that I 
attended or automotive training or something of that 
sort. 1 am not ashamed that I am • mechanic.

1’Y MR. MARSH:
q You said you considered thia a trade school, the

school that you went to in PuiladelpnLa?
A Yes.
q Could you have written trade school there?
A X could have.

MR. ALEXANDER: Objection.
- r t e * A g y M r « « H/*■ . *.

R U T H  J O N E S  O R E I N E R  C  S  R 
S t e n o g r a p h  R e p o r t e r  

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Ha. MARbHs '
q One final question. r,o you recall whether you 

,brevis ted or wrote It out? Do you recall? If don’t 

coll —
A Ho, I <3on*C.
q How what job. when you started to work at Lane.

io was your forcoan?
A Mr. Crun.

is that Mr. Louis Crum you hava been talking a
Mr. Lou Crua, yea.
What was your first Job?
As best 1 can recall, my first Job that night w 

leaning up around the machines. oovlng sticks end sawdust 
roo. one place, carrying the. to the place they call the h 

q DO yon recall your starting wage? 
a Starting pay was $1.30 plus flv. carta for nigh

[inferential.
q All right, do you recall the number of raises

-b»t you received while you were employed by La. e?
A One. That was about, 1 bad been there about 

UlW! weeks, and Hr. Dick Johnson announced over the loud-
p; ; a;; , thus. Utarttn . the .

would receive . 1.-10—  in M  n  —

Q
A
Q
A

,, m  • ______  __ 7  v-b. 1- ia. s d  r  <i rR U T H  J O N f S G R K i N f . R  C S R  
S TCNCGiM **H R t f 'O r T*:p -  « 4 a



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/. o 5

^ - - *■*■*-*» “■
q that about the special raises, ware you rwert

£ any cpcclal raises that you received?
A Veil, at that tisc and even up to no t I had never

card ol any cpecial raise or any merit system or anything, 
didn’t know of a merit system at Lane. And I wasn't aware

f any special raises that you would get.
q Did your foreman ever coiae to you during that t i s  <
x i

md tell you that you were given a merit raise?
A Never^
q  Did you subsequently learn that you had received 

i merit raise?
A Yes, I learned yesterday that by cosparing my 

check stubs, I had received a raise from the company sometimj 
in November. That was about throe months after I had bean 
there, but prior to that, prior to yesterday or last night,
I didn’t know about it. No one told me and Z didn’t know
about it.

q  yaa your pay the same every week?
A Oh, no. My hours fluctuated. Sometimes I t-rmld

have ninety hours on, sometimes 89, sometimes I would have 
72 hours —  it never was constantly the same <mr a long

«T|tcl #f J l W
The pay vas figured weekly or b i ^ ti"*n l £

R U T H  J O N E S  G R E I N E R  C S S  
S T I N O O R 4 E H  R l P O H T L R  

B R itT O L  V *  T k N N  2 4 2 0 1 - S b £ * .



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______ _ -------- ---------- . . W W — * -7

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• >w. V -  S. JU ^  (

q So that your total number of hours over a tuo
;cek period would be totaled together end your < hecks would 
^present two weeks* work rather than one week-'t worlc7 

A Yes.
q Were you aware of anything on your check telling 

you your hourly rate?
A No, we didn't have any hourly rate on our check

stubs.
q Other than that merit raise that you got aametir| 

In November, v.hlch you say you didn't too* about it —  did 
you receive any other raiaea during the entire t ime you »wrk|(

at Lane?
A Not to oy knowledge#
q now that made your rate, I believe, $1.40, those

two nickel raises?
A Yon.

Was that your rate when you left Th* Lane Cougar!
Yes, $1.45 an hour.
I believe five cents of that was night different. 
Yen, that would make it $1.40, if 1 was on dav-

Q
A
Q
A

So br.ck_toj-our_jrS vhen you ctsrto-J m

- S 3
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S -  D i r e c t
•̂ y t

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•k there. What was the firat joe t— ■ »«“ — ‘
A well, on my second hist* taero, 1 »tar.ed worttn

th another follow, tailing for him.
q  ulu.t wan his name, do you know?
A Wilson Dudley.
q what oachine were you tailing?
A well, he operated about three or four different 

achlnes, so whenever he went. I had to 80 along with him. 
tat was the gang rip. the panel eUer. or rather two panel 
lze«  .. no. one panel eUer. one gang rip and two tenoncr

lachines •
q  Did yon eerly in your employment have dlacuaaK

,1th the g e n e r a l  foreman, the overall night -pervisor

concerning the job you wanted!
A yes. that happened on my vary firet night there

Who \J3te you tfllkittg to?
Talking to Mr. Lou Cx m o .
What happened?
u, me off to the side into a little plac<

llJthe control room. Thi. we. about an hour and a half 
ore quitting time, called me into d little place they

Q
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a<•

l. •
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. t , t - V  >

C ig*i a C L t G . * * ~
/>eirCCto,a tia<- *'

a. *■

or:..; avid told *su '
:>axu, ' i»G, ° ilf

- raid. ".IPM. I have been oh«»;^ i ± L ^ i
■“  - 5 5 7 « . ^F . U T H  J ' J N E S  ( i R f c l N t d .  C  S  R

S T t N O V i « A * ' H  r t f c ^ C .U l -R

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a-Io ss - direct

1 would like to have a talk with my new nan the first day
here." He said, "You look like you will tinke a good wan and 
I an glad that you are here." So I tlianked him, appreciate! 
it. Then he asked me, "Anything you want to aay?"

I said, "Yes." I said, "I don't know how long 
I will work for The Lane Company, but then I don't want to
cogm here, pushing a broom and leave twenty year* later doir 5$
the same thing. I want to move up. I like to get, to rise
up acme.” /

He said, "I like your spirit. I like that. Yo«
can learn as touch aa these white boys around here." Ho pay 
was mentioned. "You can learn as much as these white boys 
around here. I really like that." Then he told me that if 
anyone said anything to me or does anything to lae, to coos 
am! tell him.

Well, I didn't catch right then what he meant, 
but: I told him, "I can take care of myself, I at man enough 

"No, we don't want that. You come ind let me 
Urv-*f if anything is out of the wav said to you. *

I said, "All right."
So he said, "Go back to work."
:>.? T v''v.l!xiek c»nd f L>5 ;.!icd shJ
i,lu wJCdi: t.i-iu c v  .
YHi; urninss: Flth r>y. Cnn, yes.

^  . *-

^ . .1  *JL- • *■

R U T H  J O N E S  G R E I N E R .  C  S R
S tl NOG94PH R C » O •' "i.

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“ i/UCCt. *99

wwwmjl; ******•. - *7*
Z I’iU. ii/Vli./ii J

H How you are tailing with 22r. Dudley these differ^ 
achines. Did there come a time wk«en you foe use i on one 
achine? How long did you tail the machine* before yoa
tarted doing something else? ; _

^  ii
A Well, the next day —
q noj i am not talking about the next day* X a® 

xying to find out how long you tailed the machines before
fou started doing something else*

A Before 1 started doing something els.2? 
q Did there come a time when you operated the

aachincs?
A Oh, yes, that va» the first of *66, in January 

of 1966, when Mr. Crua come and told ne that he was now 
putting mo in charge of the gang rip machine.

q Excuse me. Prior to that time, had rou ever 
operated a gang rip machine for short periods of time?

A 1 Oh, yes. Prior to this tine, while I was what
you might call in training or learning, Mr. Kidd and 1, wjicl 
v?as my tail boy, starting in January, would go aid set tho

--a ry trro— r Dudley ease fc • rrd ehse.’t

iliilU-itllU-C uri_At»_
R U T H  J O N E S  G R E I N E R  C  S R

S T I N O U N A P H  RCaOM I t *
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oss - Direct 5011
•q You would run the machine* Do you recall when

,u started, i£ you know? I know it has been a long tir*J.
,o you recall when you started running your machine, what 
\onth? I believe you started in August of *65.

A 1 started work there In August* It was In cold, 
weather* It Might have been In October or Hoveaber. I am
>ot too exactly sure now.

q But you wore put on which machine, the gang ripf = 
X was assigned to the gang rip In January of 60 
After you became an operator, who was your ta 11c 
Mr. Kidd, Mr. Willy B. liidd. Ha and I worked

A
Q
A

together. •'
Q How long did you operate the gang rip? How lor

V;cre you kept In that position?
A Well* 1 was kept in that position up until I qui

but I was moved around from other jobs, almost constantly. 
q what were some of the other jobs tbit you were

doing, other than operating the gang rip?
A Well, at times, I have helped unloai trucks.

That was the lost Job there. I have worked on the pcan sane 
l have worked on the panel sizer. I have worksJ on the
vcpo.’cr r.. c.vuvv

q You said earlier you tailed one of chose machine 
than vou say tailed, that _ia_£hc., .pergpn that. SLZ ̂

H ' J T H  J O N E S  G F i F . I N E R .  C  S R
S T E N O G R A P H  R t P O H  i : *>

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A Tbt»t in ri^ht.

Q You said you tailed on those machines. Had you 
ever operated those machines? Did you ever oponto the 
tenoner machine and panel sizer? Did you ever as operator

on those machines?
A On the panel sizer, yes.
q When yop acted as operator, who would be the 

taller? /
A Dudley/, and at times Mr. Kidd would ielp me.

Let me kind of clear that up a little bit. Say for instance 
there was something to be run on the panel ai«er, then I wouli 
LO over and set it up and then Mr. Dudley would '-oae and cha4k 
it out, and then Mr. Kidd and I would then run it, put the 
stuff through, but Mr. Dudley wau the one who had to check it 
out to see who Cher it was right or not. I was still learning 
the panel sizer then. Three machines right at tiat time that 
they worked on. That vas the gang rip, the panel sizer end 
one tsnoner machine. There was a fourth machine which was tti 
ten oner machine, was a new machine, that was installed semetin* 
later. Where it come from, 1 don't know, whether it come 
iron downstairs, upstairs or across the street, j u t  it was

■ i ,■» ■ U
i; \ v  ttonr; o.i it.__It was a fully auto ̂ itlc machine.

R U T H  J O N f S  j R t ' N i R .  C S P
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M V >  W * 4  ***V/W V > * «  * *♦  A

> ri-pj Lau c»j.u t»nu ».»
4* ̂

... a 1 '*o- uxonc Lucre w<?» L>.: can£
moner machine and the panel suer. And I had occasion to 
>erate their panel aUer, at the same thje I learned tha

mg rip.
q Did there cotae occasion when you asked anyone

or a raise while you were working there?
A On, yes, I asked ay foreman for a raise.

That waa Mr. Crun?
Mr. Crura, yes.
Uhat response did you get?
yjellj on several occasions 1 didn’t got any 
On other occasions, I would get such answers aa, 

have turned in a few naraes to Dick Johnson, but he has 
taller.M Mr. Johnson was tha manager of Lane, of the pla|t 
Rocky Mount, Lane plant at Rocky Mount. I didn’t get to 
hira too much, but I knew he passed through the building

Q
A

Q

A
sponse,

On other occasions, on one occasion I remesafccr
told me that the company was waiting for the goverr-rwnt
raise the minimum wage.

n did yov. talk ro other than Mr. .T*ho*on?|

- I ' — *
orricc and tau^o vviM him about a râ j

B U T H  J O N E S  G R E I N E R  C  S R
S H N O O H A ^ H  NC S O MY t a  

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Also iu>out̂ a___

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i. LI lugs i
A 0U, yes. I wean thore was a Luos t a continuous,

a response between w/self and EEOC.
q  Had you discussed filing a c o o p  lain;  with other

employees in the company prior to February 1st?
A Yea.

MR* ALEXANDER: Objection.
MR* MARSH: This goes to the Issue whether or

not the coc^any knew that he had filed a complaint.
THE COURT: Are you going to prove it was brougt

to the attention of someone in the company?
MR. MARSH: It would be the sane evidence we

had before about the conversation*
THE COURT: Go ahead. I an going to let it in*

I will charge the Jury at the end of this bit of 
evidence. Go on*

T*Y MR. MARSH:
q Hr. Moss, do you Mcall having conversations

Mucins lunchtiao with other employees concerning tiie possrh:
*

of filing a coraplalnt?
A Vn s' T ••

...................... .. ..................................... .

cJL?vc r c w: L1 on J piaCO?
R U T H  J O N E S  G R E I N E R .  C  S  R

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, ............. : y ry ^irst letter.nth o£ —  *•> ----~ '
Q jjow Vtat ctretsustar.ee2? Vihat time of the w r k

,y was it /
A Well. It vac sometime. It would take place durin 

>ur lunch period. Sometimes it would take placa during say 
t my tail boy and I were working close together, we would 
iscuss and talk about it. Other times it would take place 
uring the lunch period. Maybe 1 worked with aoneone else
rxl I would tallc about it with him.

q Did there came a tine during the north of or
Lny tiaie during this period that your relationship with Mr.

jrum changed?
A Oh, yea.

HR, ALEXANDER: I object.
TJffi COURT: suatalned. You ore leading your own

witness, Mr. Marsh. Please refrain fro. it. on 
immaterial things, but when you get to Mlerial things 
refrain froia leading.

V,1 MR. MARSH:
Q YOU said you requested a transfer, Ur. MossT

A Yea.

I it to :ir.
-  S ' K a -

r u t h  J O N E S  G R E I N E R .  C  S R
SlCNOOSAPH FltPO^TLR 

£J M I £, TO L . VA . TLNN 2 4 2 0 1



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A. %».------ i  U w uy
I 1 *• O t 4̂> A. C-A i ^  \.Oi al k/ii3 cit kt iC r/ •

q v’l^t was tho response to your request for trtnsf 
to socie other department?

A - Well, when I asked Mr, Lewis Goggin, the peroonne 
manager, for a transfer to the pegsorrsl departoint, he cake 
ae what training did I have to go along with the work in the 
maintenance department, and I quoted to him my training unde

f

the C. I. Bill of Rights, and he just nodded hie head slight
then he said, ntUyf>c next year.” To ue that was a long —

/
MR. ALEX. J JDER: Objection,
THE COURT: Ke can say what Hr. Coggin said to

BY MR. MARSH:
q  Don't give your impression. Don't give youx 

inpress ion of what you thought about what he said. Just telJ
u? what he said.

All right. You were never transferred to the
maintenance cieoartnent or to any otner department?

A I was never transferred to the maintenance
department.

q Do you recall an incident involving a brean^ovn 
of machine or trouble on a machine during your ttay there?

4  yi* x  4*.
Would you < jc»laiu tluit to us.

R U T H  J O N E S  G R E I N E R ,  C S R
S T t N O G ^ A P M  R tP U < »U i<

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** *** WA**" BUiw* Wid*fi X i*vu w %UA,.U
rescuer cue cute now because u  »,3 beer, some sex yeur* 
out uy foreign, iir. Crura, asked mu to take a piece of aach 
the geng rip to be exact, and to fix the things they call 
the pressures. In doing so. I had to taka a cap off of a 
-haft, there were four bolts in this shaft, i had to taka 
the bolts out, take it off the shaft and also get these 
pressures off of there.

So I asked Hr. Richardson, who was the mai
dapsrtaenc fore-nan at that clmQt £or a tTencb I didn
have any. My toola in operating the machine u i  just a rule 
So I asked him for a wrench. Then 1 ~  there was always an 
old banner laying around the machine that we used to tap our
sows to move them around a little bit. Ue gave me the wre 
and I took the bolts out of the cap and trying to pull It of 
it wouldn't give. It is normal procedure to take a haaaer, 
but you should have a wooden mallet or brasa haeaer when you 
tap it on cast iron. I tapped the bearing lightly end it 
still wouldn't give, i topped it at another anfle and in 
doing so then a comer of the bearing that this bolt uent 
through broke off. Then when it did core off. 1 ou. Hr. Crum

‘'7 .Vrr?ed K? n:n d  n .  • « ,

S' t. wu C»sw
yjr cr. youid j'pu. like it?

R U T H  J O N E S  G R E I N E R .  C  S *
S t e n o g r a p h  R e p o r t *.*

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i-ioncy,
"Well, this' is his oachW «► .. ,1 —  Cw; t« A lot Ol

hook 'Jl0t you have done."
By this time his voice m s  1 ̂ ^T ,s ^ud enough that- »rHie hard son heord it and he

J hc COl“  -"O when :» did.
Crura walked away, Pir-has j

J Richardson said. *»t un«-.u» 1 womer wlu»t i*vrong with Lou? Xhat .
Ppen t0 a»yBody." He left.Crura did.

^ Moss* do you recally recall any conversation froo t
“ “ about production durln, the tin. „  

h ™ .  , ^  wars
” • ^  C~ *  -  ~  ^  conplalnta about

your production durl^ the tl» you w e  ̂  ^  ̂

* »o. I didn't receive any coupl.lnf ,r« hl»
octil my last day there t*y ere. lf my production w  i didn't
know obout It. if it vaa doMn ___ t> Z didn t know about it* jjut 
ou —  occasion, I recall hearing about production. That „a 
**ter I vias on the rams rin noffr MjU *** **t. «  operator of the *  „g rip.
Ifc. Kidd and I were on there ^on cnere. and on one occasion, Mr
Roosevelt IIopp, which was the foreman , ‘ <toreman to cooo back to work

t̂£tcr T *•« .
----- co« by and told no and :ir. Kidd

7 th<lr’ ’"h0t *  « *  -«• — » * M .  you ought to clou 
:"'Wne ‘iOUn °r -*«** 8 «  hurt on that th- -.«

•*» t u., (jn--’
it VJSRUTH JONtS G«T^; c 7R'~ -~-1 _____

S t e n o o h . pm  R i f o n r m  M | A

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*iOS3 - L»ltfcCC j I0

A

f t .  A , W - W Mil U W  ** WW kUVVli *»-*** *** •
V;is \yOi.tO^,c.‘CaIcî  vn t.i»i • ull Lili-S

taaciiino called the gang rip, you had to have a feeder and a 
taller, the setae aa on the panel sizer, you bad to have a 
feeder and a toiler, so it was on the tenoner machine. Bad
to be two lacn there.

q What was meant by slow the machine down? l?oo# 
the machine go at different speeds?

A Oh, yefi. This gong rip, you can speed it 19 to 
a fast speed or ytjfu can slow It oown to a low speed. The 
machine itself, I mean the saws it runs at * constant speed, 
but there is a long bed on top of that machine that moves 
this way (indicating), over and over. You lay your lumber 
on top of this bed and it haa got what we call togs behind 
it that carries it to the saw. The bed can move slow or you 
can speed it up and it will move fast.

q When you were operating the machine and Hr* Kidd 
did you keep the belt thia fast, when you ware fperating, 
uhen you were tailing and Dudley was operating?

A I kept it a little bit faster than I diu for Hr. 
Kidd. We v?ere working together and we kind of mderstood

*ryr*» nccfi+i Iw *** » ,-i
K. \.* -«•-a» *.+ f  0 *•

pretty close to the bln» I v/oulcl sny» t>Kidd S
R U T H  J O N C S  GR fc IN E R  C  S R

Stin ooha^h R crortcr
Bristol. V a . Tcnn 24201



! yiitwla » SIX
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I speed the machine up a little bit more* Ha
said, **A little bit taore.”

1 said, **Can you handle it?H £•:

He said, "Yea." '
X speeded up in order to worn the lueher, maybe

two stacks before quitting time. Consequently we kept going 
faster than vhat Mr. Dudley and I kept It when I 
with him. -

q Mr* Dudley had been an 
Do you know how long Mr* Dudley had beam operet tegT

A The only thing 1 know te what he talrf me* 
q Don't go Into that. Would you describe the 

incident which occurred on the night that you terminated 
A On the night that I waa fired, that afternoon, 

let's put it that way —  when we come la, the late aftemoo* 
to work, we punched our tine card and we stand »y the cloak, 
ell of ua, and then Mr. Crum would cone by end any, 
and Kidd, you go to the gang rip* So end ee» you go there* 
So that afternoon, ho come by end said, "Moee, you go with 
Herman Youn^ end Sandv.** So I followed them set on the
,i V. • - -^rvtLUr • jnll 1' «*

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R U T H  J O N E S  H R E I N E R .  C  S  R

SUNOOflAHH R IP O U TW
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L . r .
v-.-.t up c/:r rollers r-r.d get everything In order end opened
v_._ COOiTS »iU wwd LO UJilOuv* L C - U i l w i T f

I ipt- on the outside, ,’ly job was t<» watch it 
v!ton it cane oif of the roller end stride it on noois wore 
rollers, lie. Young and Mr. Stanley, I almost forget hlo 
rune, he was about ready to retire, a twenty year own, were 
inside. That pn6a it one cum working against two. Taat 
could stop the shift around to put sere up there and take a 
rest period. Wo unloaded that truck that night from the 
t.oe it got there, about quarter to five when wo started to 
work, and I inr.gine we were through with it around midnight.

During this thue the roan Lhat fired the bailor, 
the boiler room was right uhere the truck unloaded at, was 
constantly telling as wo were unloading that truck too fact. 
Ho said the regular truck crew don't do that, a id they have 
got none per* ui*an you have got. i don't uxiow h iw many xc on 
the regular truck crew.

q VJ’iat happened during the tiuo, lcad-cg u? to
;. ’uv dismissal? 1

After vc finished the truck unload! <».. then 7

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A . 4 i i  c v  L> r 1 ̂ > i.'J

4i<> 44 U k l ^ i  * 1.1 t >li» |  U w  J  4 V 4  4 A 4 W  ^ u M w W  J  ***« *4 **  »• ... ^

vouid tun a stick ail the v.ay lIu Cĥ ’i it end put a ;.x?wCi
on it and a belt, and it turned tiist balloon. That is cal let 
the pump Randor. £c is a iieavy piece of rubber «lth a saiidpf t
a'ou use that to round off such things as those earners or
pieces like that, called a pomp sander. 1 was sold to go 
to the pump sender. I worked, 1 Imagine, about 10 or 15 
uinutes, and I had to go to the rest roon. 1 vent from ther^

I
to tho rest room. /1 wasn't in die rest room ouch more than 
about five rairv.itcjt and Itr. Crura coma end opened the door 
and looked in and caw me, and he closed the door.

1 reckon about anoti*er five minutes, and I am 
coming out, I come out and he was standing right outside the 
door. He said to me, "Moss," he said, "you had a 15 minute 
job, when I cocao by here the last time, and you are not throfl; 
vet

I said, "I had to go to the rest rocra."
He said, "I am going to have to let you go. X 

can't make anything out of you."
I said, 'fyhat do you vans to »jake out of ca, a

cloud nan?"
Ur- MT roll you. you Uwt take a counla of

n u r J ^ .
lxu<1 yiOiJbisl.\1 * x. to a. jLi. ̂ ycu#

R U T H  J O N r $  O R V I N f R  C S R 
Slf.NOQHAf'H

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? "! -£ f  V'-'t ry> f-O  ̂OT> ? **
V.e fioftl„ '>To, what?"

I lj. J, "fhe lrst you told me t \at I told
you the only way you vould get rid of tic was to oither tire
i’° or choc:: r,c* caicl» haven't shot any iround here
yat, but we have fired a few.* if you say 1 am fired, I 
will go on hosss. If you don't, I will go back to work."

So lie said, "You're fired."
I said, ’n.'hy?"
lie said, ,lYou can't meet production."
1 said, "All right." Then after th&t, I said,

’I *now you don't like me, but there arc a few things that 
l don't like about you, too."

Q bet's not go into what happened after you were 
:erainated.

During your stay there, more particularly since 
tetnuary, from January through the tirao you were discharged, 
:a® there an occasion when Mr. Crum reprimanded you about 
roduction, her:? f-'ist you were working?

A Yes, there was several occasions. After he put 
e tn choree oil the ConS rip In the first of *6< end it occs.̂

’ ' * • ' '<• ip t . T• *

eulun't do eny citing u> suit him.
» U T H  J O N E S  G R E I N E R  C  S R

S t e n o g r a p h  R e p o r t e r

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. *->!» i i - UiLCCt blv

uuak uCCuÛ vi X wuu.ui;U rx^Uk UiX.XU bj.u kitb*
t< ilt'. iio j3 , s in co  you have hue*! Uiaehur&ed trees 

Lane, cid you lo co  any tine iron work be I ore you found anoch|£ 
jo b ?

A it was About three weeks before I found cno Liter 

job, three, maybe four weeks.
Q Then you found another job. Where vaa the next

job? I
IA The next job I worked at was David J. Joseph 

Company. That itrl sort of a Junking outfit in Ibumoko where 
they take these old boxcars off the road and cut them up 
into hunks of steel, and then they arc shipped off to the
foundry.

Q What was your rate of pay on that Job?
A Z started there at a dollar and a half. I want

I think, to $1.50.
q All ri&ht. Where are you working nxw?

At XloanoUe Iron and —
I say where are you working?
Where au I working new? At Roanoke Iren i* brie 

That Is the plaae that nalx3 these bis columns :cr buildings
• -  ■» -  -  -  * ---------- --- •  T  . . .  . t .  t  _  .  _  * . * .  -. ■ ‘ -- » • - - ' - » • •-

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R U T H  J O N E S  G R E I N E R  C  S R 
S t e n o g r a p h  N t r o w t c n

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Moss -  D irect 517

Q What la your current rate of pay?
A $3.25 an hour.

MR. MARSH: Answer Mr. Alexander*! questions.
THE COURT: I think it la a good tlcau to take th<

morning recess. Please observe the usual precautions.
. . .  Thereupon, a recess was taken at 10:20 a.m 

Court and counsel retired to chaabers where the follow
I

proceedings were had in the absence of the Jury . . .  
THE COURT: Let the record show that the plaint!

wants to read to the Jury the questions and answers
/

in interrogatories Ho. 12 end 13, eod the defendant 
will state their objections now.

MR. ALEXANDER: I Just object on the ground that
it is immaterial to the case on its oar its. it goes 
to discovery, la our opinion.

THE COURT: All right, the objection is overrule 
X think it does go to discovery, largely, lut I think 
it also goes to show the evidence or the fi ct or whate x 
you want to r-?ll it or the inf oration which the 
company has available to It and to e large extent the 
information which the plaintiff has had available to 
him. So I am going to let you read them, you \ .11.1 

just read them to the Jury.
_____ MR. HARSH; Mr. Garrett will read th» m.

R U T H  J O N E S  G R E I N E R .  C  S R 
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Mass * D irect 310

THK COURT: how taaay uorw WA.cat*w«M»s uJ ywa w*vwt

Mil. MARSH: 1 think three acre, but they arc oho
. , . Thereupon* the Court and counsel returned 

to the open courtroom where the following proceedings 
were had in the presence of the Jury* at 10:50 a.a. * 

CROSS EXAMINATION
BY MR. ALEXANDER:

Q Mr. Moss* you appeared over in Roanoke* Virginia 
on February 20* 1970 at a deposition* isn't that correct?

. THE COURT: Let ns interrupt. I have a standard
rule. Mr. Hobbs knows about it* but X gueas none of 
the rest of you. If you use depositions* eithar side, 
to cross examine the witness* Just give hln the page 
and the line of the deposition* read the question and 
answer to him and say wasn't it said on that occasion.

-4

If the witness denies it then you may read the queetlc 
end answer to the Jury.

MR. ALEXANDER: Yes, your Honor* thst la what X 
intended to do.

THE COURT: Both sides understand.
MR. ALEXANDER: Your Honor* may X have the

original?
TUiS COURT: Don't you have a copy? I i«uve

original. Don't you have a copy?______________
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Moat -  cross 519

tfK. AL&XAHDhR: 1 have a copy out 1 m s  wanting
one lor ti*o witness.

THE COURT: The witness doesn't have to have it* 
MR. ALEXANDER* I understand. First I want to 

establish that there was a deposition.
IBB coma: All right, of coursa, it has bean 

filed, there was. No doubt about that, is there, 
gentlemen?

BY MR. ALEXANDER:

Q * In reference to your application to work at The 
Lane Company, you testified that you had training —

TOE COORT: what I am getting at, the page and
the line, the question and answer, ask him if it wasn' 
said.

BY HR. ALEXANDER:
A

Q On page 5, line 18, did you testify in your 
deposit ion aa follows: •’Question* Bow many grades did you
complete there?'*

Your answer was: **rwelvo.**
A Twelve.
Q  And on tho Mae page, line 20, "question! uliat 

ullage did you co to?
eiÛ TuCr: A & I" in Durham.

_________ Did you so testify?
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1 Sosa -  Cross 520

A A & T ojt Greensboro 1 Css titled, not Durban.
Q 1 beg your pardon, A & T. Did you so testify?
A Yes, A & T.
Q On page 6, line 16, did you testify is follows) 

"Question: What trade school did you go to la Philadelphia?'
And did you testify: "I don't rwemijer. I*d ha\

to look at the C. I. records to find out** what the naira of 
it was.

A Yes, I did.
q On page 16 at line 5, did you testify: "Questioi

Do you remember whether you put on your application you bad 
any such training as that?"

And did you answer; "Ho, X don't, hut If they 
asked the question on the application, I am sure I filled it 
out. 1 mean I put it on there.N

A Yes, I testified to that.
Q Did you testify on page 21 at line 3: "Question:

Did you tell the company on your work application that you 
had had some special training or other education than high 
school?"

And did you answer: "1 don't remember whether
I did nr not. If they asked for It and considered a
special training, then 1 did."
_____ A____ Yes,_______________________________________

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<4 apart xxoui Lou rauiu xu uMt> co«u , -u.«
olr the rccoru, co you recall that 1 thou sent to Koo*> r*oun{ 
to get the application which is in evidence here?

MR. MARSH: I don't think the witness would know
what he did. • ' / • 

THE COURT: Overruled, lie said, 1)c you recall
that I sent to Rocky Mount to get the application.**
How that is a perfectly legitimate question.

BY MR. ALEXANDER:
Q Mr. Moss, do —

THE COURT: I presume that was at the deposition
ses8ion in Roanoke?

MR. ALEXANDER: Yes. , •;
THE WITNESS: Would you repeat that again.

• r ' .

BY MR. ALEXANDER: • ,
Q Do you recall that at that deposition, when you 

said you didn't remember whether you puL It in cr not, 1 

sent to Rocky Mount there in your presence, I hi d somebody 
sent to Rocky Mount to bring back the original vork applicati 

A I don't recall of you sending anyone any place, 
but I recall looking at that application.

q Do you recall, Mr, Mens, saying fcha* the
l  I V i l  X  A* V » -*  ► V‘ J  A* C  V* J> y  *•*»««* y  |

you couldn't testify about the copy?_____________________
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Hoss -  Cross 522

A State tuas. again now,
Q Was there any discussion o££ the record between 

your counsel end cue about what Z had there being a copy and 
his objecting to it?

A Yea, I recall some discussion along that line.
Q I had a copy and there was an objection by your

lawyer, Hr. Harris, that I was asking yon questions about a 
copy and we couldn't go on without me getting the original.

MR. MARSH: Excuse as. If the original was
presented to the witness, we do object to counsel, 
arguments between the lawyers, I don't think that shou. 
be presented to the Jury.

THE COURT: You have node a contention here that
this application which Is In evidence la not genuine.
I think I am going to let both sides go Into the 
application as far as they want to.

ME. MARSH: The only part 1 object to la the
argument.

THE COURT: X say what you have contended here,
and I am quite sure you realize the Inference from It 
la that the application which was filed with the Court 
with the discovery deposition Is not e genuine documen

HXm Yes, sir. Wu don't object t;o hi:.:-.

showing the original, but what I was objecting to was
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IR)Sa -  Cross >23

Cite argusKtucs coat counsel, h£* norrxs, ck.ua*
THE COURT: la the objection Mr. lUuria made in

the record?
MR. ALEXANDER: Your Honor, there Buy be some lr

the record. What I was taking ••
THE COURT: All right, if it la in the record,

read it to the jury, read the objection to the Jury.
iMR. ALEXANDER: All right, your Honor, at page l|

on line 10: / "Mr. Alexander: Would you nark that
please, ma'am, defendant's Exhibit 1.

“ter. Harris: Do you have the original?
"Mr. Alexander: Ho, I don't. I suppose it is 

available.
*tar. Harris: Will you also let the record show

that it appears in the photostatic copy that the spec! 
training line has an erasure in It and where the 
erasure occurred I don't know.

"Mr. Alexander: Well, the defendant certainly
didn't erase it. Hand it to the plaintiff, please.

"Question; Does that look like a copy of your 
work application?

"Mr. Alexander: 1 object to Mr. Hmris instruct
the witness.
______"Mr. Harris; I aa not ina true ting i lie witness

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Moss -  Cross 524

BY-MR

but I  shewed him.

'tar. Alexander; You showed him what you say is  

an erasure and what I  say is n 't  and I  would lik e  to 

have him t e ll us whether there are erasures or not 

without being prompted."

THE COURT: 1 am going to break in  rig h t now.

Mr. Moss, do you remember that conversation takij 

p l a c e  at the'deposition between your attorney and Mr. 

Alexander?

' THE WITNESS: Yes, I  do.

THE COURT: A ll r ig h t. ------

MR. ALEXANDER: At page 17, on lin e  9: "Questicj

Is  th is  your application?

"Answer: Th is la not the one that X f ille d  out 

at Lane."

MR. MARSH: I  think he should read the next

question.
THE COURT: Mr. Marsh, s ir ,  you knot; that when

your time cernes to go back to your vltncsr, there ras.y 
be any inference taken as to previous Inconsistent 
statements by the other side, then you m a y  read
quiestions and answers to show that the st tc:<cnta were 
inconsistent. All right.
ALEXANDER:__________________

RUTH JONES GREINER. C S R
t l ( N O S H A P H  R tP O f tTE R  x

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Moaa -  Cross 523

Q Did I ask you at page 17, Una 9: "la this your
application?"

And did you answer: "This la not the one that
Z filled out at Lane."

A Z recall something Ilka that.
MR, ALEXANDER: Your Honor, nay I read It to the

jury now?
THE COURT: Yea, read the question.
•ft. ALEXANDER: "Questionx Is this your appllcaj
"Answer: This la not the one that 1 filled out 

at Lane." --
BY MR. ALEXANDER:

Q Following this, following that teatinony, Mr. 
teas, do you not recall that I had someone go to Rocky Mount
md get this exhibit, plaintiff's Exhibit 16, and bring it 
:o the room?

A Z don't know whether ha went to Rocky Mount or 
diet her he sat right outside the door, or whether he sat 
townstalrs in the lobby of the hotel, but 1 do kt'ow that thlj 
raa handed to me next and asked if this was mine, where he 
ot it from or how far ha had to get it, Z don't know, 
ocause I stayed inside the room, and where it c< me from, I
ouidn't say. i don't know whether he sent out somewhere to 
et it or not.______________

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Moss -  Cross 526 *

Q All right. Wherever it came fra*, after it case
in, at page 75, line 14, I asked you: "You have there in
your hands defendant's Exhibit 2. Is that your work appliest 

Did you say: "Yes."
A Yes, I recall that.
Q Did you say: "Question: Did you put in thera

any special training or experience, special training or othe| 
education?"

Your answer: "Somebody erased a part of it."
Is that right?

A Yes, that is right.
Q Line 23: ’̂ Question: Where did you put it?

Answer: Right where it is erased. Right where
it says special training or other education." Is that correj 

A Yes, that is correct.
Q And did I ask you the question; *Vhat did you 

put in there?"
And did you answer; "Auto Mechanics, naturally. 

That's the training I've had."
A Yes, I recall saying that.

S®. ALEXANDER: Your Honor, the neat one is
page 77, line 4. There is colloquy there. I have to 
start at the fourth line because that is there the
question starts. Was it stated to you. 1 Merely state*

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Moss -  Cross 527

to Mr. Harris: “1 merely asked him the question: di<>
you say earlier in your testimony, Mr. Mo.'iS, that you 
put in the name8 of the schools you attended after 
high school?"

And did you answer: “I said If the application
called for it, I did."

MR.. MARSH: Excuse os, 1 missed the page.
MR. ALEXANDER: Page 77, line 4.
THE WITNESS: Would you read that question again.

BY MR. ALEXANDER:/
/Q "Did you say earlier in your testimony, Mr. Moe^ 

that you put in the names of the schools yon attended after 
high school?"

And did you answer: "I said If the application
called for it, 1 did."

A Yes, 1 recall saying that.
q And then did I say: "Look, on hare. Does the

application call for it?"
And your answer: "Education and training.

Circle the highest grade completed. I circled the 12. That 
vhst 1 completed.. Special training and education, someone
has errand through here. I certainly didn't."

A Yes.
q How will yoii please tell ua today, are you cayS-iffe

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iioss -  Crojs 528

>t j'ju v;rcLc Lhc S Ox

Iafter high school where you say tluat erasure is there?
A How was that again now?
Q 1 want to know here today in this courtroom, are 

you saying that —
THE COURT: Unless you need to see the form
HR. ALEXANDER: I did need to see it.
THE COURT: All right.
HR. MARSH: I object to the form of the question
THE COURT: Overruled.

v

BY MR. ALEXANDER:
Q Are you saying here today, Mr. Moss, that you 

wrote the names of the schools, that is A & T College,
Greensboro, North Carolina and the —

THE COURT: Don't you have a copy of the form
you can let him have?

MR. ALEXANDER: No, your Honor, It hes been in
the court file and I couldn't make e copy.

THE COURT: The original la in evlderce. Doeen* 
someone have s copy of the form so the witness —  let 
tiie witness have the original of the form and let Mr. 
Alexander have a copy so we can go along with it. 

vi j:i. AL̂ L\r::V...:.
On the line special training and education, are

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Moss -  Cross 529

you saying that you put in the names of A & T College of
Greensboro, North Carolina and this school in Philadelphia, 
or wherever it was in Pennsylvania, auto mechanic school, 
where that erasure is?

A Ho, I am not saying that*
Q Do you deny that what was in there clearly were 

figures and not writing? Look at the document, please*
A This is what I am saying, that on this applicatl 

this line marked special training or other education, Z 
indicated what my special training was, auto mechanics, whlc 
I am not ashamed of* I am not saying that I wrote out the 
name of esch school* I am not saying that X put down auto 
mechanics or automobile mechanic* X am saying that X <~*<*»* 
what ay special training was. X am not ashamed of being an
automobile mechanic*

Q Then you do deny that what is in there were
figures that you put in there end erased yourself?

A This was no erasure on my part because if it mas
I could not tell you that, I am not ashamed of ry training.

Q Hr* Moss, please, hold the document up to the 
light, open the page, and answer me this question* Open it
> > and look  through the s in g le  page where that erasure In 

and tell me do you deny that what was erased was a group ol
figures* numbers?.

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Moss -  Cross 530

A Ladles and gentlemen, my eyes are not that good
to hold up a place of paper and tell what has been erased 
from it. 1 don't have that kind of vision,

MR. ALEXANDER: Your Honor, may I approach
the witness to hand the document to the Jury?

THE COURTj All right.
• • • Exhibit passed to Jury . . .

BY MR. ALEXANDER!
Q What vprk did you ask for when you went to The 

Lane Company?
A 1 asked not to be put in the glue room. I didn*^ 

specify anything else, any certain type of work, when I ventj 
there, but I asked not to be put in the glue room.

Q You didn't ask, you didn't aver aak Mr. Crum to 
put you on any particular type —  strike that, please.

When you went there, you didn't aak Mr. Crum to 
put you in a particular kind of work?

A On ay first night there, sometime around mldnlghfr 
we load this discussion in the little room they call the

I
control room. How that was the night when X told him that 
Z dLd not want to come there pushing a broom and leave doi*^
the snoe thins, that I wanted to move up. How I did not 
specify a certain uachine cr certain place, but X wanted to 
move ur>. ______ ________________________________________________

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531Moss -  Cross

Q Hr. Moss, at page 22 of your deposition, line 18 
did you say —  I suppose I will have to go back to the 
question, I do not want to go through the whole p^ge. page 
at line 12 X asked you: *V111 you tell us how you were
discriminated against,”

And did you ask me then: "Co into detail?”
A Tea.
Q And did 1 say: "Yea, go Into detail."
A Tea.
Q After reciting the things that you have already

told this jury, on page 22, line 18, did you aay that you 
told Mr, Crum as follows: '*1 want to learn to o;>erate these
machines In hare, make them do what they are supposed to do. 
And you go on to aay: ”He said, Moss, 1 really Ilka that,
X really like your attitude about that. Too can learn as 
much as these white boys here . • Did you say that?

A Yes.
MR. MARSH: Excuse me, your Honor,
THE COURT: Co on and read the rest >f the
MR. ALEXANDER: All right. • • But no money

was mentioned* 1 really like your attitude
THE UITNSSS: That was my first nigh : there,

when the first conversation we iiad had.
BY MR. ALEXANDER:

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iioss -  Croat* jXJL

Q iir. tafjiiii , X gust UttukCu wo tuwW did /ou u«ut>
on your testimony?

A Yes, 1 said that.

Q I t  was the next thing you said , page 23, lino 1 : 

"So ha set out there then to train me to vork with the raachi 

A Yes.
Q  In other words, here today you adtait that you 

asked for the machines and ha set out to train  you on the

machines?

A Yes.
Q On page 24, line 4 , did I ask yous nCrxsn d id n 't 

discriminate against you the night you came to  work there —  ' 

I  beg your pardon, I  went too fa r .

In further response to the same question I  asked 

you, page 21 , lin e  12: 'V fill you t e l l  us how you were

discriminated a g a in st." Did you include the statement that 

a fte r , on page 23 , lin e 21 : "And then the f ir s t  o f the year

come Lou called  me" —  that is  Crum —* "ca lle d  •>, told  me 

says now, 1 am going to turn th is machine over to you, gang 

rip  operator, end Kidd w ill work with you. Kidd had come to 
work, X think, a fter 1 did . H e*ll vork along with you as 
*iy helper and no I took over the gang rip  then i-i January.w 

I a tint right?
A Yes, that is right.

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Moss -  Cross 533

Q l>id 1 astt you then, page 24, lino 4; ‘'Crust
didn't discriminate against you the night you cacao to work 
there, did he?"

You said; "How do you mean?"
Isn't that right?

A Yes, that is right.
Q And then I asked you: *Vell, you told us what

/he said to you. That was not any discrimination, was it?" 
And you said: 'Ho, not the first night."

, Isn't/ that right?//A Yes, that is right. ____
Q And then 1 said, the next question: "And it

wasn't any discrimination to give you the Job tailing the 
machine because you asked for that?"

And the answer was: "1 didn't ask to tall the
machine." Is that right?

A Would you repeat that again.
Q "And it wasn't any discrimination to give you 

the job tailing the machine because you asked far that?
"Answer: I didn't ask to tall the machine."

Is that correct?
A Yes, that is correct.
Q L>tcn old I say: you auk L'j

to operate the machine?"
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frost* -  Cross 534

huC did >uu imswcr: ' W »  U<uC is wuat I
for.”

A Yes, that is correct.
Q And did 1 ask you: "And was it noroal and

natural for you In learning to operate the gang rip to first 
tall the gang rip?"

And did you answer: "That*a right."
A Yes.
Q Then did I ask: "And that was Moving in the

direction you wanted to go?" "
And you answered: ^That's right." Is that

correct?
A Yes.
Q The next question: "And the next step after

tailing the gang rip would be to feed the gang rip, end that 
was giving you what you had asked for, stepping you up, rlgh

A Yes.
Q Ves your answer: ••Right"?
A Yes.
Q Xs that correct?
A Yes. i1

Q On line 10, page 25: "That was what you wanted
, \.£sn*t Ul

"Answer: Well, yes."
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Moss -  Cross 535

Isn't that right?
A Yes, that is right.
Q And the following question: "And it was certain

no discrimination against you to let you do what you wanted 
to do7"

And you answered: "That's right." Is that
correct?

A Yes, that is correct.
Q Mr. Moss, at page A, line 6, were you asked:

"How many raises did you get while you were there?"
And your answer: "How many raises?" You asked

me how many raises, is that correct?
A Say that again now.
q I asked you: "How many raises did you get while

you were there?" And you in effect asked me to repeat the 
question.

THE COURT: Page 4, line 6?
MR. ALEXANDER: Line 19, I am sorry.

BY MR. ALEXANDER:
Q

You said:
A
Q

You asked me in effect to repeat the question. 
"How many raises?" You asked as a question? 
Yes.
And I answered you: "Yes."
And then you answered with another ruestion:

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U o s s  -  Cross 536

'Do you assn general raises or just any kind ol u raiser'
A Yes, I recall saying that.
Q Was your answer: *Dne"?
A Yes, I recall saying that.
Q And then at line 8 on page 5t "You were there 

only one November” —  wait just a minute. All right, 1 will 
have to go back to 3, line 3.

I
Did X ask you: *Vhen did you get that?"
And dip you answer: "About a month after X went

there.” ,
A
Q

December?"

Yes, 1 said that. ___
I asked you: 'Did you get a raise in November a

And you asked: "Of what year?" And then answer^
"No, I didn't."

♦

A Yes, I said that.
q At page 148, line 15, did I ask you: "Are you 

going to deny, Mr. Moss, that you got a merit Ircrease on 
the 8th day of November, 1965?"

And you answered with the question: "Eighth day
of November?"

And I said; "Eighth day of November, 1965 you
got a merit raise. Do you deny it?"
___________ And then the answer was: "X got a five cents

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1 Moss - Cross 537

2 raise that U i c i t  Johnson called owr t i w  — ,--------------------r , « y l a g  j
3 starting Monday everybody will get an Increase In pay, and I
4 believe it was a nickel starting Monday.”
5 Did you answer it that way?
6 A Yes, I recall saying that.
7 Q The question was asked; That was September 13,
8 1965?"
9 To which did you not answers T  hadn't been

10 there very long."
Uj

A Yes, l  recall saying that.
12 Q And then I said; Tou hadn't been there but a
13 month. "
14 To which you responded: That's the only raise
15 I got.” Isn't that right?
16 A Yes, I recall saying that.
17 Q X Mid to you: “Are you going to dm, the reconLt
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»ou are going to say that you never got e raise on the 8th oi
November, a merit raise?”

20,
And you answered; "How much?” la that right?

21 A Yes, that is right.
22

23
Q And I raid: "Fiv. c.nta. And I've got the recoil.

here in my hand. Are you going to deny it?"
24
25 And did you say; ”i never got that raise."

A I said that.
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Moss -  Cross 538

Q And I ssid: "You never got lCK"
And you said: "No."

A 1 said that.
Q And 1 said: "You swear under oath that you neve:

got a nickel raise, aerit raise, on the 8th day of November 
And you said: "1 did not get that raise."
Isn't that right!

A Yes, that is right.
Q Did 1 say: "You put your honesty on the line on

that? You know what you are talking about?"
And did you answer: "X know what 1 an talking

about."
A Yes, I said that.
Q And you had your pay check stubs since the date 

of the deposition, February, 1970, and you say you didn't 
find out until last night you got a raise?

A State that again now.
Q You say here this aoralng, Mr. Moss, do you not, 

that you found out last night that for the first tins that 
you got a raise when you were there, a aerit increase?

A Yes, X found it out last night.
Q Frora your pay check?
A The oatheiaatician who took ay pay stubs and brokii

them down and showed me where the difference war and the tin*;
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Moss -  Cross 339

that 1 got the other live cent raitu. I'uu see w.nit tt wa» 
ciy hours fluctuated. Sonet Iocs I would have 90 hours, 03, 
or 72, and you taka a five cent raise, It Is not noticeable 
on a pay check, and then on top of that the £areasn never 
told me a thing about a raise. The only raise X aver heard 
about was at the time when Mr. Dick Johnson called on the 
intercom. Haw when I started asking for a raise in January, 
if the foreman had showed me that I had gotten one, I would

I
have calmed down, but nothing wee ever mentioned to me about 
a merit Increase from anyone. So then not checking my 
check stubs closely end not having the seme number of hours 
each pay day, then X didn't notice the raise being on there. 
So X deny that X got a raise.

MR. ALEXANDER: Tour Honor, X can't find this*
I hops this doesn't violate your rule* If it does, it 
is not a prior inconsistent statement* Xt is background 

BY MR. ALEXANDER:
q Over there, at some point you were asked what 

your contentions were that the company had dooe to dlscrlmln^t 
against you, isn't that right?

MR* MARSH: Excuse me* X would thirk he could
find ~

TUE COURT: 2tr. Alexander, I aa goir £ to held
___ you to the rule and hold the other side. We get too

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ilQs&  -  Cross 540

tor uticiu.

MR. ALEXANDER: All right.
THE COURT: Look at page 20.
MR# ALEXANDER: That is the question, your Honor

There was so ouch between that it got lost. I will 
try to come back to that. Strike that.

BY MR. ALEXANDER:
Q Hr. Moss, the tenoning machine over there is a 

huge machine, isn't/it?
A Yes, it/ is./
Q It is a machine that is highly complicated and 

highly expensive?
A Yea, it is.
Q It is a machine which carries one of the higher 

rates in the department, isn't it?
A How was that again?
Q It is a machine for which the operators are paic

one of the highest rates in the department?
A How that I wouldn't know because X doi't know

anything about any rates on any certain machines. 1 have 
never been told about any rates on this type of mtchine or 
that type of machine, so as far as the rates are concerned,
I ilon't know what the machine pays.

_____ Q Would you answer this then: do you not know
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iloDS - Cross 541

that it would aa considered a prompt u>a uiua advsocsweat to
be moved £roui the ripsaw to the tenoning machine?

A Yea, I would.
Q And a very substantial advancement, wouldn't it?
A X wouldn't know how substantial. X am afraid

I can't say whether It would mean 15 cents or 50 cants. X 
Just know that it would be an increase or a promotion upward

Q Do you deny. Hr. Hoss, that in the spring of 
1966 you vers tried out on a tenoning machine?

A .Would you state that again.
Q Do you deny or will you admit that in the spring 

of 1966 you were taken from the ripsaw to the tenoning machii* 
and put to work on the tenoning machine?

A Aa I gather his question, what he la saying that 
X was transferred, moved from the ripsaw to the tenoning 
machine end tried out, but now that is not entirely whet 
happened. You see, I have worked with this fellow Dudley 
who X started with on the tenoning machine, on the gang rip, 
and on the panel aiaer. Naturally, X mean X had worked on 
there prior to the spring of 1966. We worked between those 
four machines, so I couldn't say than that the foreman cone 
bv end transferred me or said, "I am ;f.otn<5 to try you over
l i c r c . II i;o9 ildn't, but \.c had worix-d together cu thoac.
three caachines.

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Moss -  Cross 542

Q How do you learn to operate various machines out 
there, Mr. Moss?

A You learn by working with someone who already
knows.

Q Vas Mr. Dudley someone who already knew the 
operation of the tenoning machine?

A Yes, he was.
Q A real expert, wasn't he?
A Mow that I can't say how much of an expert he is, 
Q • In 1966 did you go with Mr. Dudley to the tenonii 

machine?  ̂ ---
A Any specific time?
Q Ho, sir, not any specific time, any time.
A Yes.

MR. MARSH: Your Honor —
THE COURT: Overruled. He claims he is being

discriminated against by way of transfer.
MR. MARSH: What I am saying. Mr. Alexander has

a particular time period, there are so mary moves from 
one machine to the other, it would help If he could —

THE COURT: I hate to comment on the evidence in
the presence of the Jury and I hate to aer 3 the jury 
out and waste time. 1 am Just going to overrule uio 
objection.

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tlos* -  Cross 543

Fim m  repeat: cue question, Mrs. Grcmer.
MR. ALEXANDER: I -
THE COURT: Let the reporter read the question.
• • • Question end answer reed ...

BY MR. ALEXANDER:
Q What did you do at the tenoning machine with Mr.

Dudley?
A I was his assistant. I helped him to set it up,

to bring the materials to the machine and then I tailed for 
him and at times he would let me feed it for him.

three steps from helping him to set it up to tailing it to 
feeding it?

move from just helping the man aet the machine up, to tailin ; 
the machine and then to feeding it?

Dudley was giving me or the training that I was getting.
It was natural for a tail boy to come in and help the operate 
to set it up, whether he was interested in operating it or
r*>t. it v?sa just only normal, natural thing th.'t ho would dlt>Iiiiut since Dudley had special instructions from Lu<w c-1 4 

the foreman, that he was to show me v/hat to do, what not to

Q Now la it a progression for you to move these

A la it progression?
Q la it an advancement in your training program to

A That was all in the training or the teaching tha :

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Moss -  Cross

--- iil<
do, and when to do. So 1 was following Me. Oudiijr's 
instructions by helping him to change the saws, to sejust 
then, to bring the materials to the saw, and it was my Job 
then to tail it.

Q Mr. Moss, you told Mr. Crum whan you want out 
there you wanted to learn to operate these machines and make 
them do what they are supposed to do, ri&ht?

A Yes.
Q Was this a part of the program of teaching you 

to run these machines and make them do right, what they are 
supposed?

A Yea.
Q And what is the ultimata job on the tenomer,

feeding it or tailing it?
MR. MARSH: Your Honor —
THE COURT: Overruled.

A Would you come again with that now.
BY MR. ALEXANDER:

Q What does a tenoning machine operator do?
A What does he do?
Q Yes.
A He gets the machine in order to rur his material

through it. Ue may have to change the saws, tc aujuat Lhc-i,
to adjust the machine this wsy or this way (Indicating),

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Moss - Cross 545

and he also Ceils the tail hoy* "bring uas this cr otm* 
the other," If he doesn't want to get it himaeil.

Q Does he feed the tenoner?
A And he also feeds the materials through the mach 
Q After teaching you whatever he taught you* and 

after you tailing the tenoner for him, did he put you on 
to feeding it?

A Permanently?
Q No* sir, at any time* for any length of time.
A , Part of the training was to let the tall boy —  
Q Mr. Moss, please* sir* can you answer that 

question yes or no?
MR. MARSH: Your Honor —
IBS COURT: The objection is overruled. The ans

was not responsive, Mr. Marsh.
A Can 1 answer it yes or no?

BY MR. ALEXANDER:
Q Yes, sir, can you answer my question yes or no? 
A I will have to clarify my answer, it 1 may.
Q No, I withdraw the question and we will go back 

to the deposition.
Pago 48, iLne 10, I asked you: 'Veil, it'a a

very big, expti.iive urd cocup lies ted piece or cqiip^cnt,
isn't it?" Referring to the tenoning machine.

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lio&a -  Cross ^46

right, 1 asked you that question?
A Yes.
Q And you answered: "It la coopllcated, yea." la

that correct?
A Yes, that la correct,
Q Did I ask you then: *Vid you have" any "trouble

on It?"
And you asked me: "Do you mean operating it?"

Is that right?
A Yes, that is correct.
Q And did 1 answer you: "Yea."

And then your response to as was: ‘Veil, feediiĵ
It, no." That Is did you have any trouble on it and you 
said: Veil, feeding it, no."

Vas that asked of you and was that your answer?
A Yes, it was asked of m  and that was ny answer.
Q Did 1 ask you: "In any way did you have any

trouble with it?"
And did you answer: *Vo."

A Yes.
Q And I asked you: "Did you tear it up one nightfl"

. And you said: "The tenon machine?"
And I sold: “The tenon uociiino."
And you answered: 'Vo."

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Moss • Cross 547

-i i
A Yes, 1 said that.
q I asked you this: "You never let any piece of

material get caught In the chain?"
And your answer; *Y)h, now, some pieces of 

material caught In the chain several times*" Is that right?
A Yes, that Is correct.
q And I said: "And threw the machine all out of

alignment, the guides?"
And your answer was: "NO."

A .Yes, that was ay answer.
Q Did X ask you: "It didn’t bother It for pieces

of wood to get In the chains?"
And you said; "I didn't say it didn't bother it

A Yes, that was my answer. .
q And did I ask you; "Was the machine down on

account of that?"
And you said: 'Vhat do you mean?"

i

1 said: "Out of operation."
And your answer was: "Ho." Isn't that correct?

A Yes.
q Then I said: "Any time when you let a piece of

material get Into the chain did the machine sta-» down out of 
operation for several hours?"

And your answer was: "No." Right?
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Moss - Cross 548

A
Q And 1 said: "For any length of tiae?"

And you said: "Oh, yes, for soo* length of tioe
yes,” Isn't that right?

A Yea, that is correct.
Q And then on page SO at line 15, did X ask you:

"Would you say that's a proper piece of work to let wood 
get Into the" taachine?

Vaa your answer: "No, it's not a proper piece
of work."

A Yes, I said that.
Q Did I say then: "Did anybody say anything to

you about that?"

A
And you said: "Yes." Is that right? 
Yes, that is correct.

Q Did Z say: *Vho said aocoething to you about it? 
And did you answer: "Dudley and LuIjs."

A That is correct.
Q And X asked you: ?Did they coossend you for that

Crag about you for letting wood gat in the chains?"

A
And you said, "No, they did not." 
That is correct.

Q Fw0o 31, line 6, did 1 uay: "Did t .cy cor.C-u
you?"

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tfoss - Cross 549

And you answered* "Yes,"
A That Is correct.
Q And the question was: "Did they tell you not to

do It again?"
And was your answer: "Yea."

A Yes.
Q  How, Mr. Moss, to save tine, after they corrected

you, did you let pieces of wood get into the chain feed again
after they had corrected you?

A ' There is a possibility that other pieces of wood 
got caught In the chain. If I could give you a picture of 
what the machine looked like and try to tell you how it 
operates, you might understand how.

This is a, this tenoner machine is a huge machin 
Let's say, for:Instance, it might be as long as that board 
there in front of us, two pieces like that, one sitting here 
and one over here (Indicating)• These pieces of equipment 
are made to move 1** this direction out an end. Row it Is a 
belt on top of that piece and a chain over here, not a belt, 
but a chain on each one, and they turn this way, each of thesj 
turn this way, and they have little dogs or h o o propped up 
behind it.

How you say, for instance, you are running a 
rw«» t-hr-oiiflh the size of that blackboard there. Then yon

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Hobs • cross 550

put it on there sod It runs tkrou&u, and taut tout, on L**a 
end catches it. Then he catches the two strips off of eachi
side and puts it on the side end puts the big board on s 
buggy. Sometimes you ere running small stuff. Sometimes yo 
are running small stuff, say like a strip about two inches 
vide, maybe so long. Well now, a man that is used to feedin 
that thing, he can really put them in there, get eight or 
tan pieces on a hook at times. If you happen to get one 
piece crooked going through there and don't catch it, it 
will Jam the hood* It comes overtop of the saw and comes up 
and blows sawdust out. That piece will Job that hood In 
there. Then you have to stop the machine, take the crooked 
piece out, end it is no good then, throw it ewey, and if 
your hood falls down, you have to readjust your hood.

There is no such thing as that place of wood 
throwing the machine out of alignment for three or four hoax 
To me, I have never seen it thrown out of alignment for that 
length of time, because the operator, Mr* Dudley, had the 
experience, and it caught with him on several occasions. 1 
was only the learner, the trainee. Naturally, it would get 
caught with me.

TITS COURT: Mr. Moss, I didn't want to lnfcerrunt
you, sir. Please keep your scat while yoi ere 
testifying.

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MOSS -  Cross 551

THE WITNESS: Excuse me. 1 so sorry.
BY MR. ALEXANDER:

Q Mr. Moss, did you let pieces of wood get In the 
feed chain drive after you were corrected by Dudley and Crum? 

A Yes, I did.
Q At Roanoke, page 53, line 1, did I ask you: "Hoi

many times did you let wood get caught In. there?”
And did you answer: 'Veil, I told you. X didn't

keep track of the number of times.” Is that correct?
A • Yes, I did.
Q At the same time, line 13: - "̂ Question: gut no

machine maintenance that stopped the tenon msrhfno you know 
anything about?”

Your answer: ”You mean repairing and fixing it
up7”

And X said: "Yes."
And you said: "No, I do not.” Is that right?

A That la right.
q And then X said: "You deny that soras was

necessary?"
"Answer: No, X don't deny it, but I don't know

of any." Is that right?
A That is correct.
q Not; who was the maintenance departir^nt out there

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Moss -  Cross 552

!at night time?
A Who was —
Q What was it?
A Repeat that again.
Q You have testified that you wanted to transfer 

into the maintenance department. You would not work days, 
correct?

I
A That ia correct.
Q So that left night time only?
A , That i» correct.

/Q Who was in the maintenance department?
A There was a man named Marshall Richardson.
Q Who was the boss in there?
A Well now, as far aa I know of was Marshall

Richardson.
Q You knew It was Marshall Richardson because you 

asked him for transfer in there, didn't you?
A Yea.
Q And was there anybody else in there?
A There was another man named Luke Loudermilk.
Q Luke Loudermilk had transferred into that

department from a day shift and had seniority or you,
isn't that ri^ut?

A_____ 1 don't know.___________
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Hoss - Cross 553

Q Ainyuouy ciae?
A I seen souebody else, but I can't give his nu:ae 

or tell you his duties.
Q Can you tell us anything about him? What did 

he look like and when vas it? la this the nan's job you 
wanted? Is that right?

A Yes, this vas one of the men. The one that X ha 
that I am thinking about now was in the afternoon, when the 
day shift leaves, most of the machinery was sitting idle, 
and there vas a man that come around and oiled the machinery 
grease gun and oil can, where it needs oil, he would put oil 
on it end pump grease on the different shafts. That man, 1 
had never talked to in his line of work, because he wea 
walking around, and between machinery that was not operating 
So I couldn't say what his name was. I never did speak to 
him, while he was doing this work, because he was over from 
toe.

Q Hr. Hoss, at Roanoke, page 66, line 8, were you 
asked this question: "You said in your charge cn May 17,
1966 these words: 'in March there was an opening and ho,
Cr'wi, discriminated against me by giving the job to someone 
els'*.' Now what opening tt?M ^

Auo did  you answer: nI don 't  i t  wet in

the r^aintenance department. I not
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iioss - Croat* 354

uescription or Luc couipauy uxc joJa, i.+iy w*...w ;w«.
posted. I could not see theta. They did not tell gig.” I s 

that right?
A That is correct.
Q I said: "So you do not know what it was?"

And your answer was: "It was in the maintenance
department." Is that right?

A That is correct.
Q I asked you then: "Do you know what kind of

work in the,maintenance department it wau?"
And your answer was: "rhe specific work?”

A Yes, I said that.
Q And I said: "Yes."

And you said; "Ho, I don’t.”
A That Is correct.
Q And did I say: "And do you know whether you

were qualified for it or not?"
And your answer was: "Ho, X don't." Is that

not correct?
A That is correct.
Q And who discriminated in not transferring you,

isn't that right?
A That is coz'.ê t.

I
Q Will you toll us here today, did Mr. Crum have

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Moss -  Cross 555

any Jurisdiction to your knowledge, any jurisdiction wnatsoeV 
over the maintenance department? •

A To my knowledge, I don't know if he was in chorgn 
of the maintenance department at night or not.

Q Hr. Moss, you just said that Mr. Marshall 
Richardson, i3 Mr. Ricliardson in the courtroom? Stand up.

Do you know that gentleman?
IA Yes, I know hin.

j ■
Q You Ju^t told us a few moments ago, as I under*hi

that Marshall Ricliardson was in charge of the maintenance
/at night. __

A That Is correct.
Q Now did Mr. Richardson come to you one day and

say to you, or night, that "I want you to taka the bushing 
off of this ripsaw, something has to be dons to it. Z will 
be back in a little while."

A No, he did not.
Q Did Richardson ever give you a Job, s mechanical 

job to do, or tell you anything mechanical to dc?
A Yes, I recall on one occasion that he did. Seem 

to me that something in the rough end vco broke down. I
i’on't l-rov whether it was an elevator or elevatr r shaft. n 
several or us was helping hr. Richardson co rep* ir that 
that was broken down, and he taight would say, 'Void this bol,

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Moss - Cross 556

i
here," or "Hold Cilia piece up over an re lor am oi nanu &» 
this over her©*'* There was more than Mr. Richardson and 
myself In there, trying to fix whatever It was broke down. 
How that Is the only occasion that I remember that Mr. 
Richardson told me to do this or to do the other directly 
assisting him. How there were other times that maybe I mlgh 
pas3 —

q  Mr. Moss, not other times. All 1 went to know 
is if you are denying that Marshall Richardson told yon to 
take a bushing cap off of the ripsaw?

A Tea, X am denying that. —
Q Here today you said that Crum told you to do thi 

and that you got a wrench and took the bolts off, the nuts
off of it?

A Tea, I said that.
Q How I will ask you as to this same incident at 

Roanoke, page 54, line 7: "You never put a wrench on that
ripsaw with Mr. Richardson there?"

"Answer: You didn't say that. X didn't have
tools over there. The only tool I had was a rule." Is that 
correct?

A YOij, that is correct.
q Anu as to tiie same incident, at page 1 iuia i 

you were asked the question* 'Vhat else?"________________
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Moss - Cross bbl

Ami did you answer; “lue time woen us puw uma 
over there on the gang rip to take that cap or bearing off 
and all I had was my bare hands, and I got a claw hammer 
and was tapping it loose and broke it." Is  that right?

A Yes* that is correct.
Q And at page 131, as to the same incident: "How

did you break it?" That is line 9. I beg your pardon.
Answer: "1 was instructed by Luke Crum to take

a cap of some kind off of a shaft and had to move the shaft 
back, I think, and pull it out in order to get the —  1 
believe it was the casing had to come off —  and I didn't 
have any tools to use that I could find.**

Did you say that?
A Yes, I recall saying that,
q And you say today that you had wrenches or a 

wrench?
A How was that again now?
Q You testified here —  arc you testifying here 

today that you had a wrench?
MR, MARSH: Excuse me, your Honor.
THE COURT: Overruled.

A Yes, I did have a wrench.
Stf HR. ALEXANDER:

CL Where did you r.et that vnrench or th?3e wrenches,
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Moss -  Cross

whichever it wam
A From Hr. Marshall Richardson.
Q How did you come to get a wrench from Mr* 

Marshall Richardson?
A By going and asking him to let ms use a wrench.
Q Where was he when you asked him that? Was he 

at the machine?
A Ho, he was not.

/Q How many machines were you put on in that 
department while you worked there pursuant to the conversati. 
of Lou Crum, following the conversation with Lou Crum, how 
many machines were you put on from time to time, and I do 
not mean permanently? How many did you work with?

A I can recall six.
Q You could make production, barring any breakdown 

anything, you had the capability of making production, didn' 
you?

A Yes, I did.
Q In the fall, when you got the merit increase, 

you were making production, you were doing well, weren't yot}
A Would you state that again, please.
Q In Tfovenher, you got a merit Increrse, we have

established t/.ac. At that ti.*i you Loin*; v.cil, v
were making production and keeping up?

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1 1 0 8 b - Cross 5 5 9

A
Q

give It.
Q

L£t cluriiy wy answer, u  1 tsay.
1 don't see how you can clarify it, if you don't

Veil, yes, ve were, but It was not -- 
THE COURT: Answer the question, please, Mr.

yes or no, and then you may give any explanation.
A Tea, we did.

MR. MARSH: The witness can explain his answer.
THE COURT: That is what I Just said. I think

1 made that clear. I said he should answer the questl 
yes or no and then he might give any explanation he 
desired to make. I don't know how I can make it any 
clearer.

BY MR. ALEXANDER:
Q Thereafter, that is in the year 1966, you didn't 

make production, did you?
A Yes, we did make production.
Q Here there any times when you didn't make

production?
A Yes, there were times when we did not make 

production.
Q Many ticses, isn't that right?
A I wuldn't say ciany t-u-es. iiicre Wi,s soac ti—

I
yes, that we did not make production.

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h o a a  • Cross 560

Q All *■•*■**»**•, iiUC*. LO Lilti iiUaUUMfl ((; in̂
t-R* : Let him fin ish  his Answer*

r-T MR. ALEXANDER:
Q Have you not finished your answer?
A NO, I didn't.
Q Co ahead.

But there were times when we did not
production for this reason. Sometimes we would have to travu 
a good distance in order to get our material, bring them to 
our place of work, which we were not actually product^ 
anything on the saws. We had to go over and get our 
to coma back here end did run through this machire, whereas 
on daylight they had truckers to truck the materials to fhrm 
and they operated, the tell boy stayed right there in place 
of their length of time of feeding the machine, go there 
were times at night when we did not make production. There 
wore times at night when ve did make production.

Q la your answer complete?
' A Yea.
Q Page 29, line 17 of the Roanoke deposition, did

[ ask you: "When the shipments came into that roxa did they
vave work orders with them?”

And did you answer: "Cl;, yes."
A Yea

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Moss - Cross 561

Q And did I &itkt you; ' oxu uuiii. urueia
specify die amount of time it should take you to do the worl 

And did you answer: "Yes.’*
A Yes, they did.
Q And did I ask you; ?Did you aver fail to produc 

it in that time?'*
And did you answer; "t*m sura I did."

A Yes, I did.
Q At the bottom of page 30, line 21, did 1 esk yot 

"In April — " How you were not there but one April, April, 
•66?

A That is all.
Q Did I ask you: "In April were there times you

were not producing as called for by the work orders ? "
And did you answer; "That time appeared in 

April, March, February and January." Is that correct?
A Yes, that is correct.
Q And then did I ask you next: *Vhen you weren't

producing as the work order# said?"
And you answered: "That is right."

A Yes, that is correct.
Q Did I aslc you: "And this harpened « very nl-tht?M

Aud did you answer; 'do, it old no^.'r
A Yes, I answered that way.

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u o s a  -  Cross b O Z

^ X you; ”uow u«.tui ua.U It
To which you responded; "l don*t know how often 

it would happen, I can* t say unless you go back and look 
at the card with the work order that 1, myself, personally 
had to make out. But on one occasion Lou Crus did coon by 
and show me hew to figure my time on those cards.M

Do you want the rest of it read, Mr. Marsh?
1R. MARSH: No.

BY m .  ALEXANDERS
Q , Did you answer that?
A Yes, I recall saying that.
Q Isn’t the truth of the nutter that you sow one 

sian working there whose job you wanted? Wasn’t that the cau| 
of all the trouble?

A Mo.
Q Was it because of any of the trouble?
A Yea, but this is —
Q 1 just wanted a yes. 1 just wanted yes, because 

we are going into the rest of it. Before we go into it, 
let's go back to production a mooent. In January, February, 
March and April of 196b when you testified, wher as you 
testified in Pcnnnke, you were not nestin'* proch etion, this

Lt>c 11 flit? j  ^  were illtio u&kxng Lu^ cruii for
? I

isn't that correct?
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.loss -  Cross 563

A 1'us, that is corroot.
Q Will you deny or do you deny, Mr. Moss, tuat 

during ttiose months Luke Crum responded to you at least once 
TFred" or "Moss” or whatever he called you, **You will have 
to get your production up before I can give you a rate 
increase"?

A Will you repeat that again.
Q tea, I will. Taking you back, and I will ask 

the question, we are talking about January, February, March 
and April, your production was down, right?

A Yes.
Q And during those same months you were asking

Luke Crum for wage increases, right?
A Yes.
Q Will you admit to me that in response to your

request for wage increases, Luke Crum said to you in effect
"Fred, you will have to get your production up to standard 
before I can give you a wage increase"?

A Yes, he did say that to os.
Q And after that, did your production continue to

be low or did it go back low again?
A My r*roductlon never was doon during January,

iwbrucry and j.̂ ril, 1*66. But Ur. told mo i  had to
bring It up. This Is how it co-.je ahcv.it. I recall hia snyjr

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Moss • Cross 364

to oe, because taat was part of ay ^ u u ^ a c  in ay iirot 
letter to the E£QC» because Hr. kiUd and I were on the gang 
rip fully, totally. It was turned over to as. We were runn; 
aore than what Hr. Dudley and myself were runnin;, from 
August until December. Because 1 was told by two different 
people that we were, and so Mr. Kidd and 1 actually had a 
better production record than Mr. Dudley and myself, but 
this was where the difference was. On daylight they had what 
they call a trucker to carry their materials to thsm. At 
night we didn't. /We had to go out and get our materials, 
bring it to the place of work, run It through tha gang rip, 
catch it on the other side, and then transfer it off the h"» 
out of our way to make room for more.

Q Wee that not part of the job, ell the stuff you 
are talking about, figured into the job, the time?

A I don't know if the time was figured Into the Jot 
or not.

Q Wasn't that the normal way to do the Job, the waj
everybody did It?

A The day shift had e trucker. It wasn't normal 
for them. Of course, If the trucker got behind In his job
~nd the line got full or got ewpty on one end, tK<* r»**oM'
* t- ' v . LuLl bey, j ^  m .  co c \ ^  j

own stuff or ciUier wait for the trucker to bring it to him.
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11033 -  Cross

THE COURT: Is emaiMtioo ox tula wxtaesx goxug
to continue for same time?

MR. ALEXANDER: I would think sot your Honor.
TII3 COURT: All right, we will rccesu for lunch

until one o'clock.
Ladies and gentlemen, the marshal will take you 

to lunch. Please observe the usual precautions. I 
would very such like to get through with the evidence 
in this case today. We may have to hold over a little 
late. , 1 hope not. We may have to. You Ladies, Z kncn 
some of you probably have to fix supper. If you think 
you should, you night call hone during lunch and say 
you night be a little late for supper.

I find holding over to seven sans tinea gets a 
whole lot more dona than coming back at seven and golrv 
on. So If you will call bans all of you who need to 
during lunch time, and tell then yon night be a little 
late for supper, X would appreciate it.

. . . Thereupon, court receased at 12:00 o'clock 
noon to reconvene at 1:00 o'clock p.m. . . .

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liosa - Cross 567

citu.w&i* X iiui sorry, LiuiL ûCALiCii u
reed —

BY HR. ALEXANDER:
Q I will read it again: "When you weren't produci :i

as the work orders said7"
And your answer was: "That's right."

A Yes, that is right.
Q Now cooing to the point that I left this morning 

did you agree vith/ns that your asking for a particular
job out there caused some of the trouble between you and/
the company? 1 Will state it another way. Did you try to 
get the job of another person who wa* working in that plant?

A Yes, I was asking for another job in the 
maintenance department, but I wasn't asking for any certain 
oar's job by way of trying to push off of it. If there had 
been an opening anywhere in the maintenance department, I 
would have taken it, because 1 wanted to get la the aachiner 
I had heard through the grapevine that this man was leaving, 
so when I did, I immediately asked for that particular job.
I tieard through the grapevine any time that so and so is 
leaving or had left, and that is the way word traveled, by 

grapevine, end you take it from there.
^ you Lclu t*xaL —i* t 1 > . .
A____ How is that again?______

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lions - cross 566

jU1 i t-iU<OU< I
. . .  Thereupon, court reconvened at 1:05 p.a. 

and the following proceedings were had in the presence 
of the jury . . .

FRED MOSS, JR.
resumed the witness stand and further testified as follow*}

CROSS EXAMINATION (Continued)
BY HR. ALEXANDER:

Q Mr. Moss, just before the recess you said that 
your production was not low in January, February, March *n4 
April of 1966, is that right?

A Yes, in ay opinion ay production ana not low*
Q 1 will go back now to the Roanoke deposition,

page 30, and ask you on line 21, did I say to you: "In April
were there tines you were not producing as called for by the 
work orders?"

And your answer: "That tine appeared in April,
March, February and January." Is that correct?

A Yes, that is correct.
Q And my next question: "When you weren't products^

os the work orders said?"
Aiio jOO  c j io ; ‘Timt b XJutyi'c**1

A____ Yes, that Is correct.
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iioss - cross 563

^ UCxvi jf oka t-Oio LiUi L W*U* IWC -»i iUC w
quitting or leaving?

A Well, 1 had heard through the grapevine that he
was.

Q No, sir, Mr. Moss, 1 submit —  1 don't submit ’
anything.

If you can, please, answer this question yes or 
no: were you told by Mr. Crum that the sum to whom you wore
referring was not quitting or leaving?

A When 1 made mention to Mr. Crum about the opening 
on the planer grinder, he told me that he had not heard that 
the man was leaving. So I told him, I had heard It, and 
If he is, I would like to have that job aa a planer grinder.

Q If he —  would you like to have that job?
A As a planer grinder, yes.
Q Did you ask him, again and again for that job, 

after he told you that he knew nothing about the man leaving 
A I don't recall being persistent about it, but 

according to the man who was the planer grinder, he was lcav
f.nd that was the job I was asking for, and I specified planar 
grinder because chat wss his Job, if he was leaving and they 

another planer grinder.
J'\X>*- X X̂ . it. X XcpC Ci — ic ; l , p ,C  JU ) J. Xi iC

1 Vou say you ccn*t remember tiu* man's nu.no whose job you
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i i O t i i i - C X Q S 8 509

wntcti l
,1A\\s\icx; Well now, I didn’t say I wanted any 

specific person’s Job." Was that the question and answer?
A Yes.
Q At Roanoke?
A Yea, that is correct.
Q And was the next question to you: "You haven’t

said that here today, but 1 ask you now, was there a specif1
IJob out there that you wanted? And asked for?”

,Ar»d <njd you answer; **o, I didn't specify any
/certain job. l wanted to transfer to the Maintenance 

department."
Is that correct?

A Yes, that is correct in this respect, that —
Q Ho, air, Mr. Mosa, I Just want to know is that

in here, because the Court has said, if you don't agree that 
that is accurate, then it should be read to tha jury, I 
just want to know, did I ask you this question: "You haven'
said that here today, but I ask you new, was there a specifii 
job out there tliat you wanted? And a3ked for?" Did I csk 
you that question?

A Yes.

Q had lj t h a t  did >ou "Ho , x a x u n V

s p e c i f y  any c e r t a i n  job. I w an ted  t o  t r a n s f e r  t o  th e
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ilostf - Cross 570

u*«ixntenancy ikî ujcUimuL," Was tuau your uuwoir i 
A Yea, Chat was my anm/cr.
Q Did 1 ask you: "Do you know a man named Hale?"

And did you respond: "Old man Hale? On the
Is that correct?
Would you say that again now.
Did I ask you: °Do you know a man named Hale?"
Yes, I recall.
And did you respond: "Old man Bala? On the

grinder?"
A
Q
A
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grinder?"
A
Q

"Yes."
A
Q

And did I say: "Yes.1* Following which you saidi

Yes, 1 recall that.
And did I say: "Planer grinder?"
And did you answer: "Well, whatever you call it

lie sharpened the blades on the planer."
A Yea, 1 recall saying that.
Q Did 1 say: "Do you deny that that is the job

you asked for?"
And did you reply: "Do I deny it?"

A Ycr, I recall saying that.
J OUX —w£ fc.. - >J •• * v'H J." If *•'«. * ..

"Ho, I don't deny it." Is that right?
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iiosii - Cross 571

A Yes, tusL is right.
Q Then did I say: "Did you ask for that Job?

That is the Job you asked Crum for, isn't that right?”
And didn't you reply: "That and others."

A Yes, that is correct.
Q Then I asked you: "Did you ask him for that

Job?" 1

And you said: "Oh, yes, I auked him for — "
that is the end of/it, "Asked him for." That is all that
is on the paper. /Is that correct?

/
A Yea, that is correct.
Q Did I ask you; "And you went to him time and 

again and said, 'Mr. Hale is quitting. ▼ vant that job.*?" 
And did you respond: "Yes."

A Yes, I recall that.
Q Then on page 58, line 5: "Did he tell you that

he knew nothing about Hale quitting?"
And did you reply: "That's right."

A Yes, that is correct.
Q Did I say: "Was Hale atill working there wtien

you left there?"
And did you say; "Yea."

A Yen, I did.
q The next question: "Row uony times did you ask

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lijaa -  Cross 572

ior JLt_'s jw~;
And did you respond: "I doa^t recall."

A Yea.
Q Then on page 59, line 1, did 1 ask you* "You 

said that Hale was in the maintenance department?"
Was your answer: "Yea."

A Yes.
Q And the next question: "And It was Bala’s Job

you asked for?"
And your answer was: "Yes." Is that correct?

A Yes, that is correct.
Q And then I said: "line and again?"

To which your answer was: "Yes."
A Yes, that is correct.
Q Then I said: "And you didn’t have any expertenc

grinding planers?"
And your answer was: "Bo, I did not:."

A Yes, that is correct,
q "Hot training grinding planers?"

And you said: "No specific training, no."
A That is correct. 1
Q And did I say: "And you know, of c* nurse, thot

. _. : • r,would :. -v- been necessary ("
To which you replied: '*Yea, I am veil aware of

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U o s a  -  Cross

A Yes, that is correct.
Q Do you say that you asked for other jobs in

the maintenance department?
A 1 was asking for a transfer to tha maintenance 

department am] the only reason I specified a certain Job was 
because I had beard that job would be available later, so 
to try to get ray request In aa soon as 1 could, then I talkc 
with the foreman. But now, like I said before, them waa 
no posting of any jobs. There was no bidding on any jobs. 
Jobs, I mean promotion or job openings wasn't given through 
a seniority.

Q Mr* Moss, Mr. Moss, 1 ask you if you asked for
a job in maintenance.

A Yes, Z asked for a job in the maintenance
department.

Q At that time there were two people working *• 
Strike that, please.

At that time you thought and you said that Mr.
Hale was in the maintenance department, Isn't that correct? 

A Yea, I did.
Q And you kept asking time and again for Hale's jo

you have coiled it tu inter*,
times, isn't that rlfjht?

ice depart*.,*.oi a*.

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Moss -  Cross 574

A How was tuat Again now*
Q You thought that Hale was in the maintenance 

department?
A Yes, that Is correct.
Q And you specifically asked tins sod again for 

Hale's Job?
A Yes, that is correct.
Q At othear times in the same manner did you ask 

for a transfer to the maintenance department?
A , How was that again?/I
Q Let's go back. On numerous occasions in 

for the transfer, you named specifically old man Bale's job, 
didn't you?

A Yea, I did.
Q Other times asking for a Job in the maintenance

department you said: "I want to go in the —
department1*?

A Yes.
Q And tho only man you knew then who you thought 

was in the maintenance cepartxnent was old man Hale?
A There were two others, too, that I lnew was ini

the eatntenanee department and that was Hr. Ricf̂ ardson.
Q
A

’\r\ ' -v t- - 7JL i i U  i

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Moss - Cross 575

• ) 
Q Dixi you ask lor his joo<
A Wo, I didn’t. And there was Mr. Luke Loucicraiik 
Q Was Mr. LouderaiIk's job open?
A I heard that it was.
Q Did you see Luke Loudermilk working?
A Yes, I saw hia because he worked at night with 

Mr. Richardson and naturally with ne being there at night,
I had, I could see theta together.

Q Was he still there working when you left?
A . Who?
Q Loudernilk. __ .
A new that I can't say, because he was supposed to 

transfer to daylight in order to go to the community college 
in Roanoke at night. So if he was working there, it would 
have been on day shift, but I did not eee hia there at night 
working on the night that I was fired.

Q Mr. Moss, did you see any a n  take any one of 
these three jobs, Hale, Louderailk or the bosamrn, Richards a 
while you were there?

A Ho, I didn't see any man take any of those jobs.
Q All right. As to going into the nafntenance

desartrrnt, gerirrrlly, the naintennnee dnpartmer t at this
jnC involvxijg 6lecLvxc û oLvir̂  . wwulv. j *.»«.

please answer ju:t yc3 or no.______
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Moss -  Cross L7o

Q

A
Q

A
Q

A
Q

A
Q

skill*?

1 -  ^  ^  V- : w #

Rewinding, rebuilding electric motors? 
Yes.

Yes.
Were you qualified in any way in any of those

A
Q

No, I am not qualified in any of those skills. 
Had you had any training and experience in 

maintenance in the furniture factory?
A No, I had not.
Q Vou can't tell us here today, Hr. Moss, anybody 

that took a Job which you wanted over and above you?
A No, I can't definitely give you anybody's 

or any dates as to when they come there. Just as I said, 
information there at the plant in Rocky Mount traveled by 
the fprapevine end you heard it.

Q Mr. Moss, Mr. Moss, you told us that. You
r u e  r e d  n y  n i i e s t ! o n ,  p o  v o u  h . ' i v ■ •"} -v  f? «  f” :•

:hc company put any (eople more qualified, no more quali.fi
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iiJca - Cross
1 1 1

Ciijn ia ju.,- iu L.*c t-».iatenancy u..out, c i U u  w u x o m

or block?
A No, I don't, but let me explain.
Q No, air, I just wanted to know, that ia all. 

Before the evening you were discharged, hod Luke Crura harass 
you?

A No. No, he had not before, on that evening befoi
Q
A
Q

Be had not harassed you?
INo, he had not 

Had hej reprimanded you for not working when you
should be working?

A At the time when I was discharged?
Q No, prior to that.
A Prior to that?
Q Yes.
A Yes, he had on the evening that I was discharged

but not before, not the evening before, because that would 
have been the day before he fired me, but on the evening thai 
I was fired, he had reprimanded me or chastised ae, or os
ho called it, you know, scolded me or something. Ke did, on 
that evening.

Q Mr. Moss, at any time, not just the h*»fm**,
i

- -h c .* ‘.'J or id. .e b? J.-j. ; • ru c'* ' ... O * *
he con e  t o  you  and said; "Y ou  have b een  h e r e  an h ou r end

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Moss -  Cross 578

Haven't dona, 1 as you say I believe, 'a tning"/
A Yes, he did.
Q Well now, when was that?
A That took place In the early spring of *66. Thl

is what happened. One afternoon we cocos in to work and ho 
assigned M r. Kidd and I to the gang rip. Us went back there 
and getting ready to prepare our material, ws had not start*; 
the machine in motion. Across the tracks from us was anothe 
nan working, in fact were two men, la tax I learned ona was 
a foreman named John Ed Turner, and Luke come beck there who: 
Kidd and I were. Must have been about 30 to 45 minutes afte 
xm got there and says, "Moss, you have been over here for an 
hour and you ain't done a damn thing.'*

Z said, "Wait a moment. We couldn't have been 
lie re an hour, because we haven't punched our cards that long 
V'b cannot start our work until we clean the tracks end move 
the stuff out of the way. And then, he kind of quietened 
down, and I explained to him why we could not ha /e started 
because we had to clean up the tracks and stove t>ie day ram 
oaterlals out of the way and bring ours in getting ready to 
a «_ a rt .

Q I  vuni t o  a s k  you  th e  question a g a in  I co. u„ j  I 

w ant t o  g e t  L«ia answer and th e n  go t o  a no Liter on*:. Did he 

rep r im a n d  you  f o r  n o t  p e r fo r m in g  w ork  b e f o r e  th e  night cn
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lioss -  Cross 379

uiiicii you were j! i acwmC v—u>wc£ •>* or u.w *
A I don't recall.
q now many tiroes, Hr. Moss, we established before 

lunch that he did this* as 1 recall, how many tiues when you 
asked him for raises did he say to you, "Fred, you are not 
producing and I cannot give you a raise until you produce"! 

A One tine.
Only once?
As I can recall, one tine.
Would you concede that it night have been nore

Q

A
Q

than one? ...
A Over a period of six years, X would say it could 

have, possibility it could have been nore, but X do recall 
one tine.

q tou testified here this aorniag —
THE COURT: I don't mean to interrupt. V e n  you

there six years?
THE WITNESS; Twelve months.
THE COURT: Twelve months. All right. I mis*i

understood.

MR. MARS!: X think he is talking at out an
incident pin yo-tjrs ajo.

» All lî iit. tti.v ~1:0 . :■ wi
tine period between then and now?

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- Cross 530

MR. MARSH: Since the incxcent*
THE COURT: All right.

Y MR. ALEXANDER:
q You say that Mr. Crum didn't haraw you. You 

old the Jury a oocrmt ago that Mr. Crum did not harass you,
sn't that correct!

A How was that now?
q nr. Moss, Just a few momenta ago I asked you did 

tr. Crum harass you and you said no. Am I not right, and 
foa went on to elaborate that he didn't harass you?

A I don't recall saying he did not harass ms. 
q All right, I will ask you nos*, did Mr. Crum

tiarass you?
A Yes, he did, in what 1 would call harassing.
q what was this harassmant?

>

A well, let’s take, for instance, there was the 
tioe when Mr. Kidd end I were on the gang rip. As I told 
that was a long machine with e number of saws rpread across 
end the table that turns over this way. Ms were over there 
working this afternoon, I reckon about an hour and a half or 
two hours since we come in. He come over to ms and asked 
. .o would this r.vchinc £<> faster. 1 « id 'A U  r1-ht»
w >ecd tier up then." He grabbed ti*o vlicci and g-vu ‘

id walked away. ____________ __________________ _______ _
' v i o *  -RUTH JONES GREINER. C S R

S T I N O S R A P H  R t P O R U R
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I loss -  Cross 581

tfeopie around the Machine said, “What happened?' 
He said, “Luke speeded it up.”
The blue smoke started rolling, so ray former 

Instructor Dudley come running and said, “What ii the world 
is wrong?"

I said, “Luke speeded the up, and I am
going to let it run Just like it is, too***

i
So he went and found Luke and then told hia

, /to corae and to adjust the machine, so Dudley back end
adjusted the machine, and that particular bill or order ve 
were on was ruined. Now I could have turned it back down 
myself, but he was the foreman, if he wanted it run faster, 
1st it run faster, so I did so.

There was another incident, too, that I call 
harassment, that he did the sane thing. This time we were 
on the some machine, and we had some long pieces going in 
the machine and coming out as short pieces. He come over
there and speeded the machine up that tins and w  Iked sway. 
So oy tail boy lUdd come around from behind the nachinf* *nd
asked, 'Vhat happened?"

I told him, “Luke speeded it up.”
1 \-Z m i l  L u o v e r  1 'iorr} t v a n t  t o  i ' :j !•>i.

I g o t  on  th e  i n t e r c o m , !̂ ,  to t «c

o never eexae. X tu rn e d  jche m ach in e b a ck  so tic c o u ld  l . ' i l

-  (,21a .
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lloss - Cross 532

It because be couldn't tall it at the speed it was go^ng.
That afternoon we never saw Luke anymore. Also 

there was the time when on ay lest night there, when he fixt 
me, when I had went to the rest room along about, oil, maybe 
two o'clock, and then he acoaed me of having 15 minutes of . 
work when he came by there the last time, and I wasn't 
through with it, and maybe he couldn't asks anything out of 
cos, and be had better let me go, and so on like that*

There was another incident also at the tine doc 
one night when we went to punch out. I was asking him about 
a raise in pay. This was before a group of other men who 
were there, and asked hla about a raise in pay. He said, 
"Well, we can't give you any raise right now, but if you 
don't like your work, Moss, why don't you Just quit?1*

That is the time 1 told him if he wanted to get 
rid of me, he would have to shoot me or fire me. Mow I sale 
that for this reason, because et that time ay ciarge of 
discrimination was —

Q Mr. Moss, Mr. Moss, would you hold It a minute. 
In the deposition at Roanoke, page 110, line 24, 1 asked yen 
"You said that Luke Crum harassed you?"

Did you ensver: "Yes"?
A YC3, 1 did.

Did I ask you; 'Vhat did he haraag you v;
RUTH JONES GREINER. C  S R

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i-ioss - Cross

J  vU  cilOiWOi. • 1  .O U iu  (

that caue across his uiind."
A Yes, I did.
Q Did 1 ask you: "What caiiie across his mind that

ho harassed you about?"
And did you say: "Particular incident?"

A Yes, I did.
Q And did I say: "Yes."
A Yes. I

Q tAnd did you say: "One night we were there, we
v/ere short of help that night and ho had me carrying table 
tops from upstairs downstairs to setae more men to clean up 
and brush up, just like on general labor. And it was after 
dinner time he called me in the office, he said, ‘Hoes’ **— 
and he raised his voice at that, too —  *1 give you a Job 
that takas only thirty minutes and here you have taken half 
a night to do a job that only takes thirty aim tea. Vihat'a 

wrong with you? If you can't do better than thf t, I will 
imve to let you go.* How that was one Incident." Did you 
give that ans\?er over there?

A Yes, I did.
o 1 5 I nr’: you: "All riyht, fell us eorse nr~~r:.n

/,«(<.* c.-i.cJ you «.• i'i
MTI. M ’.RSH: V.hat v>a<’.e?

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iioss « Cross 584

r*i m .  j
Q Page Hi* line 21s "Another one was when 1 

stopped Luke and asked him about me and Kidd working over 
here on the patching machine where there vas work to be done 
over there.'*

And did X say: "You told us about that. That
vas another incident of harassment?”

And you said, "Yes.** Is that correct?
A Yes, that is correct.
Q , And did I say; 'How about sane more? Give us 

all of them you know."
And did you answer: ’Veil, Z can't name them

all right now offhand." Is that right?
A Yea, that la correct.
Q Old I say to you then: "This is your lawsuit,

Hr. Moss, and vs want to know what other acts of harassment 
did Mr. Crum put you to out there? What other Inaras ament?"

And did you reply: "The time when lie come runni
to the gang rip telling me, kept calling me names, John Ed,
I believe he said, or Ed John one, telling me that I had 
been over there for an hour and hadn't done anything." Is 
rr'-’ r t  r i , - h t ?

A Yv.^, Uiat is c o r r e c t .

Q Did I say: "What else?"
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21038 • cross

Auiu ujm you answer; iuu ljlmu woen i«e puc ou 
over there on the gang rip to take that cap or bearing oil 
end all I had vas my bare hands, and I got a claw hflnyyr and 
was tapping it loose and broke it,'*

And 1 said, "And that was harassment7"
And you said: "That was harassment in what he 

said." Is that right?
A Yea, that is correct.
Q And I said: "What did he say?"

And you said: "‘book here. This machinery hers
belongs to Mr. Lane. Suppose he cocas by end took e baser 
and beat on your car that way. You wouldn't like it, 
you?' I said, *No.f 'Well, all right then. Look at this 
machinery. You broke it up.* And that's when Marshall 
Richardson came over there then and then velVmi away."
Did you answer that?

A Yes, I recall saying that.
Q Did I say: "That was harassment because you

broke the machine with a hammer?"
And vas your answer: "That was harassment."

A Yes, I recall saying that.
Q And did I cay: '‘That other harassmer t?"

And oiu you say: nX can't chink o£ any otner
TlvTW » "_____

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Moss - Cross *85

A Yes, I said that:.
o Hot# the point I am trying to get at, did lie talk

to you about production, not producing? There are two 
incidents in here that we Just read, isn’t that right?

you didn’t produce for the four months that you admitted in
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Roanok

BY MR. ALEXANDER:
Q Do you here now admit that you were not making 

production in January, February, March and April?
A According to Mr. Crum's estimation I was not

making production.
q According to you, Hr• Moss, were you making

production?
A Yes, we were making production.

A Yes, that is correct.
q  And you have -• you admit now, don’t you, that

Your Honor, 1 don’ t  believe the w itn i

THE COURT: Overruled.
A Come again with that now.

yOJ. MxiXC l

A A l l  right. In January, February, March cr
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Moso - Cross 637

oi 1956, 1 bad cnargea on rile at Viashungton, D. C. charging 
discrimination. I don't have proof that any company offlcla 
knew about this charge, but now it Is common consent in 
Franklin County and also —

Q Mr. Moss —
HIE COURT: Let him go. Let him answer.

A It Is cocoon consent in Franklin County and with 
the employees at The Lane Company that a black nan don't 
try to seek his rights in what normally belongs to him or 
what he should have. You take what is given to you and you 
just quit. So Z don't knew if the company knew about it, 
but this charge of discrimination was on file, February,
March and April, and then the rest of that year. So now, 
what I did during January, February, March and April, anythi^ 
that 1 done would not seen right in the eyea of toy foreman, 
Mr. Crum, if he knew that this charge was on file. So now I 
say that my tall boy and myself, Nr. Kidd, wore Baking 
production, because ve were producing moro then Kr. Dudley 
and I while I was working with him.

New whatever Mr. Crum said X had to go by. Now 
he could say I was not making production and he could say I 
T"sn't ranking production, but according to the c; rda that 
i.jliowu each ju->, it showed on there whether tins -uau v.ja 

r’-alcing production or not. All you had to do was look at the
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(loss -  Cross 588

card and could figure up your time. Wow there were tuuea 
when I admit that I did not make production. That was the 
time I told you when we had to go out and truck our material^ 
to our machines and then run the stuff. How we were not 
actually In production then, we were getting prepared and 
ready to process the stuff, or the materials. Mow the day 
shift had such a man, a trucker who kept the materials at 
the machine, but ve had to go out and get ours. If you 
compare the number of pieces that we ran at night to the 
number of pieces that was run by the two men on daylight, 
then we would come up short, if we had to truck our stuff an| 
they didn't have to truck their stuff.

q Mr* Moss, the admission that you did not produce 
in January, February, March and April came from your mouth 
in Roanoke, Virginia on February 20, 1970, four years after 
you had left the company, nearly four years. What has all 
of this got to do with that you Just went over? I read to 
you twice, I don't want to have to go back again. And neorlj 
four years after you left there, you admitted under oath in 
I oanoke that you had not made production for those four taontf 
isn't that right?

A Yea, I admitted that, thst is ccrro t.
q  La~a Crua w a s n ’t your boss Laon nor tiiu i -

lor The Lane Conpany when you made those admissions? Ian'c
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iioss - Croaa -'ui

tnat correct?
A Yes, that is correct, I was not employed by The 

Lone Company in 1970•
Q On the night on which you were discharged you 

were given a task which, according to the tine ticket, woulc 
take you 35 minutes, isn't that right?

A 1 never noticed the time ticket on that
I

particular job. A lot of times you don't notice time ticket 
but you would know from what you got there how long you can 
do it. The time picket might say 35 minutes. It might be 
boor that you could do that particular Job in 20 minutes.
1 am not saying all the time you can do that. It might be 
some at some time you can do this particular job in five 
minutes less or maybe ten minutes less.

Q I want to know one thing. Were you givcha task 
which said, had a time ticket 35 minutes? Yes or no, please

A X don't know what the time ticket si id, the 
allotted time on the ticket. I will admit I wat given a Job 
to do on the nieht that I waa fixed.

Q Did you do the job?
A I started to do the Job, but waa fired before I

Q lie«  lo n g  w ere  you on  ta e  j c u  lie l o r e  you w cr .'

A You c c a n  on th e  tim e  c l o c k  now?
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Moss - Cros3 590

Q No* cm the time, how Ions die* you wortc on toe 
job before you x?ere fired?

A I worked on the Job about 15 minutes. I went
to the rest room and from there I was fired, anc! I went to 
the time clock and punched out. That was a total of about 
35 minutes, the best I can remember.

Q So you were in the rest room twenty minutes?
A No, sir.
Q Well, you said you worked on it 15 minutes and 

it was 35 minutes lapsed time.
A That included the time that Hr. Crum cose to the 

rest room, saw me in there, waited until 1 coma out of the 
rest room, to the time we walked from the rest room up the 
aisle to where the clock was, stood there, had a few words 
between us and then went to the time clock and punched out.

Q Mr. Moss, do you deny here today that you were
on the job from the time you were put on the machine until 
the time you left the machine it was 45 minutes time e lap sec 
before you went: to the rest room?

A How was that again?
Q Were you put on the machine 45 minutes during

which you c a i v r - u  t e l l  U 3  whether you produced t  rythir.' ?
i

A I 3ci.ll don't get your question, air.
Tiu; COURT: Itrs. Crcincr, read the question.___

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Cross 591

• * • Question read • • •
THE COURT: Answer the question.

A No, it wasn't that long.
MR. ALEXANDER: All right.
THE COURT: Go on to the next question.

BY MR. ALEXANDER:
Q Frau the Roanoke deposition, page 116, line 15: 

referring to this night: "Then you weren't working on a
pneumatic aander that night?

■"Answer: I was working on sotne kind of sender
the latter part of that night." Is that correct?

A Yes, that is correct.
Q And then did I say; "Did that product have a

work order with it?
"Answer: That I was working on?
"Question: Yes.
"Answer: I disrcmeabcr now."

A That is correct.
q  '^Question: Would you deny that it bad a ticket

calling for 35 minutes production time?
"Answer; I ju3t don't know if it hid a ticket

; i a t . "  la  i ; .... r i g h t ?

A TuoL Is  correct.
"Question: Did you get out any product ion cl;:Q

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iioss - Cross 552

oi Chat Baimr/" That was the question.
"Ansĉ er: I -- M
MR. MARSH: Excuse me.
m .  ALEXANDER: Line 7.
THE COURT: He skipped. It is on page 117, line

I5Y MR. ALEXANDER:
Q The question: *T)id you get out any production

off of that saivder?”i
„  /Answer: I don't know whether I did or not, but

I know I turned tile work out.M Is that right?
/

A Tea, that is correct.
Q "Question: How long were you on that Job that

night?
"Answer: I would say about less than 45 minutes,

Is that right?
A Yes, that is correct.
Q "Question: Did you get cny production out?

"Answer: I got out setae pieces." Ii that right!
A That is correct.
Q ’Question; Do you know how far you fell short 

of doing It in the tixae allotted?

A 'iiiac. correct.
£ Have* you at cny titae zC:.ixc

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;s - C r o s s .,.3

.;ncr,:

A Hex; was that a^otn?
Q I will restate it. After this 45 minute period, 

during which you were there at that wachiiie, did you stay in 
the rest room that night for 20 minutes?

A I was not at that machine a full 45 minutes bofot 
I went to the rest room. That 45 minutes —

TOE COURT: Hr. Moss. Mrs. Greiner, read back
the question.

• • • Question read . . .
i

A No, I didn't.
BY MR. ALEXANDERS

Q You did not?

A 1 did not stay in the rest room twenty minutes.
Q You stayed in the rest room five minutes as you

said here this morning, is that correct?
A It was a little longer than five minutes.
Q How much longer than five minutes?
A It vaa less than ten minutes, between five and 

x:n, but it was not 45.

Q Your Roanoke deposition, page 118, li^e 22, 
'uestion; What time did you go to the rest room?

l
t was, but lt_wn3__nftcr I hrd 1 or.din*> t':a t :

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lioss - Cros3 394

Is that right?
A Yes, that is correct.
Q Page 119, line 9: “You wrote to the Equal

Eroployraent Opportunity Corcaisslon on August 20, 1966, that 
you went to the rest roots at two o'clock?

"Answer: If I put that in three, that la the
truth." Is that right?

A That is correct.
Q '̂ Question: Am) when you caroa back from the rest

room he fired you?
"Answer: That's true." -

A That is correct.
Q "Question: That was 2:20?

"Answer; All right, that's true."
A That is correct.
Q Nest page, 120, line 4: "Frora 2 to. 2:20, yes.

That's vhat it says and that's what I put in th»re."
I beg your pardon. Strike all that please.
Page 120, line 3: "Question: Isn'i: that what

the letter says?
"Answer: From 2 to 2;2Q, yes. That's what it

end that*3 rant I put in there," 1j that
A TuuL Jls right.

I naked you; 'Vca it the truth?"______________-Q.
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uoss  -  Croat.

iu*u your ituawvrj '‘lc‘« trutn. '
A That is correct,
Q It is still the truth here today?
A It is still the truth here today,
Q Do you deny before you went to the rest room than

Luke Crum came by and said, f̂ to3s, you have been off the job
you haven’t done anything, now we have got to get this order 
out before quitting time,”

A Yes, I will deny those words,
Q Well, what did he say? Did he say ary words 

substantially to that effect?
A He told me on this particular night after we 

finished loading the truck to go and work on the pump sender 
I went to the pump sender, I worked there about 15 minutes, 
laving to have to go to the rest room, I did so, which was,
L would say around two o'clock. I was in the rest room in 
the neighborhood of ten minutes, I will say ten sinutes to 
Jliow some, and from the time I come out of the rast room 
intil the time we walked from there up to the tics clock, 
it was about, well, about twenty minutes had elapsed. So 
hat would take care of the 15 minutes of the 45 ilnutxs lap
‘f tir*e in them. !!o did not cone by rnd tell n,

~ w  LcJ C GLiC# *iO Suiu Li.L Ci X'OUU V, ;i i. c
u t ,  " I  g a ve  you  a 15 u ln u t e  jo b  t o  d o .  The la s t  tL ae I r -

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Eoaa - Cross 590

by, you nau a job to do and you are not through with it 
yet. Well, I had not been up there lonj enough to linich 
the job.

Q Which amount of time were you in the rest room, 
Mr. Moss, twenty minutes or ten minute??

A About ten minutes.
THE COURT: Can’t we get away from the rest room:
MR* ALEXANDER; I am through, your Honor.

BY MR. ALEXANDER: I

Q You swore in the complaint in this case under 
oath, didn't you, the original complaint filed in this court 
has your sworn signature?

A Yes, it does.
Q You were asked at Roanoke —

MR* HARSH: Your Honor, if he is going to read
samething in the complaint, it should be sh>wn to him. 
It is prepared by lawyers.

THE COURT: It is sworn to. He may c:*oss examine
just like any other.

Mr. Alexander, if you arc trying to prove tie
said something about it tiwt is not in the <onpiaint —

4 » • • T * •-T'
s * i  *. a  *? i win ■ . ^  f V*

one i . u j .

Y ms.
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Moss - Cross

You soy nere Louuy Luhl you iiiuu tu.u cuarge xu 
January and it wca on file and been on file all along'/ Tact 
is an EErC charge.

A I wrote a letter to the EEOC on February 1st.
Q Just a minute. That is all I wanted to know rig

there, bid you send a copy of that to the company?
A Of my letter?
Q Tea.
A No, I did not.
Q > Did you tell anybody in management about it?
A NO, I did not.
Q In your deposition, page 44, line IK* "Question 

And I don't know what your interrogatories said. Then you 
filed one on May 17?” That refers an EEOC charge.

Did you answer: "If the date ia right then 1
did file one."

A Yes, that is correct.
Q "Question: You filed one on November 3? Right?

"Answer: The last one —  that one right there -
that'8 the one I read on November 30." Isn't tliat right?

A Yes, that is right.
r pr.'~e 45, line 3: "You failed that p v* 00

t .1. J&MjCV I
"Answer: Yea."

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L i o s a  - Cross 693

A liUib ii> correct*
Q "Question: You filed that one you've got in

your hand on April 27?
"Answer: That's right."

A That ia correct*
Q "Question: And in that you didn't do anything

but say the —  then you filed one on May something?
"Answer: This one here is what I place my charj

1 had notarized* This is it." Isn't that right?
A , That is correct.
Q The lawyers established that you referred to

M3/ 171 following which at line 18: "Question: A total of
three charges you filed? Is that right?

"Answer: Right."
A That is correct*
Q '̂ Question: And those were the only charges you

filed?
"Answer: The only ones I know of right now tmlc

you have some wore." Talking to zae, is that correct?
A That is correct.

The first charge you filed was April 27, 1956?
Yhj’t Is correct.

you j.̂ u , plnO

Q

A
Q

the only thing you wrote in it was, "Please, please, core;
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Leas - Cross 999

iQ before writing ine Lane tunuuiu v . ~ - i I - 1 
-ight?

A That is correct.
q You vere asking that it be secret on Ai«ril 27

that you were filing a charge?
A Not that it be kept secret, but the EEOC would

contact me before they contacted The Lane Company.
q That was your first charge, not in February, but

on April 27?
A Yes, that was the first charge, first formal 

charge.
q No, that is all I want to know.

MR. MARSH: Your Honor, he hasn't finished the
answer.

MR. ALEXANDER: It calls for a yes or no.
MR. MARSH: He may explain.
THE COURT: One minute. You can answsr yes or

no, then if you want to give an explanation, give it.
A Yes, that was my first charge, but my first lett 

to the EEOC was written on February 1 of 1966. That is vhon 
X wrote my first letter. After that, then I got a lcLter 
i ■ .. , 4 t .i«- was a •nixun in tl ere. If

. .v .  i i U . l  l i l t ' - .  ♦ •— w. f  w ** 1

you notice Ciic *v.iCL tiuit *■ • *•- '•* v '
to EEOC my none was spelled M-e-n. 'inen I got o~ e cn-c

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t i o & t i - Cross oOO

liUmUvi. Litterti» Uil Li4«y Wlou. tun. kiw
notarized and everything, and it was typed, ray i.aiae w&3 

spoiled M-o-s-s. That gave me two charges in the early part 
of '66 with the same first name, the same junior attached to 
it and the same address, but in Washington it was two differs: 
people, but here I was the same one, but Just misspelling ray 
name. That is why two charges were filed in the first part 
of *66 because of the difference in the spelling of ray name.

X have a copy of the original letter. X sent them one and
X kept one.

MR. ALEXANDER: That is all, your Honor.
REDIRECT EXAMINATION

BY MR. MARSH:
Q Mr. Moss, do you have a copy of the letter that

you filed on February 1, 1966?
A Yes, I think my attorney has it. If he hasn’t - -

Q Do you have it or one of the attorneys?
A If he hasn't got a copy of it, then I have it

myself
Q Would you see if you have a copy
A You mean come down?
(» To you have one with you?

Q -sea if you have the letter. I lay he l.e pe.ru‘.I tec
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to get the letter?

TlLk COURTI Do you have it?
tCl. MAUSIl: I have a photocopy which can’t be

read too
T1U2 COURT: Where does he have it? Just hand it

to him.
MR. MARSH: I think he has a more legible copy

o£ the same letter.
THE COURT: Where is it? Is it in the courtroom
THE WITNESS: Yes, in my briefcase.
THE COURT: He said his attorney has it.
MR. MARSH: He has a better copy which can be

read in his briefcase.
THE COURT: Get it. Do you inteod to offer this
MR. MARSH: Yes, sir, I do.
THE CLERK: Plaintiff’s Exhibit Ho. 17.

(PLAIUTIFF’S EXHIBI: 17 was oajjki 
for identification md filed.)

b? m .  MAiu>u:
q Mr. Moss, I show you what is marked plaintiff’s

Exhibit 17, purports to be a letter from you to 1 r. Franklin
::c 1 1, Jr., Ck'.'.ivxvm, dated F.bruary 1. Would , v. I'-'-'h 

this and see if that is the letter that >ou wrote, to u.e 

commission on February 1.
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Mass - Redirect

it. limui id copy oi tua ouu that

MR. ALEXANDER: Objection.
THE COURT: May I see a copy of the latter?
• • • Exhibit given to the Court . . .
THE COURT: He lias said in the cocap la in t from

February 1 and this letter is a copy of the letter he 
wrote to the 1JE0C. Now was this letter brought to the 
attention of the company?

I®. MARSH: No, sir, not at that time. It has
been subsequently by the EEOC.

THE COURT: When was the letter brought to the
attention of the company?

HR. ALEXANDER: In December of 1966.
THE COURT: When was Hr. Moss discharged?
Mil. MARSH: He was discharged in Auguit of *66.
THE COURT: Do you have any proof tha: the letter 

was brought to the attention of the company prior to 
that tiiac?

HR. MARSH: No, sir, your Honor, it i: not beins

I sent to Washington.
Q Would you read that letter, please

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** r.cJii'W w 0 3

<ll>LcUCi.Wtt WJ- k.i»C f iih>W Jb.** Ik UUuUuv U/ik v. *. ulX 4
HR. HARSH: Mr. Alexander suggested that Lite* rirj

contact lie had with die EEOC was a letter saying, 
’’Please, please

THE COURT: One moment. I will tell you, ladies
and gentlemen of the Jury, that Mr. Moss wrote a latte:: 
to the EEOC on February 1 complaining about certain 
conditions of employment at the plant there. I will 
tall you, you may consider that. I will not allow you 
to read the letter into the record.

M U  MARSH: Very well.
THE COUiXI: Uhat was that number?
MR. MARSH: No. 17, and it is a letter of the

Equal Employment Opportunity Commission, 1 believe it 
is called.

THE COURT: That is what I said, the EEOC. If
I am wrong about that —  Equal Employment Opportunity.

MR. MARSHt Your Honor, may we approach the bench 
please?

THE COURT: Do you have soma more exhibits?
MR, MARSH: I would like to offer ar exhibit.
THE COURT: Which exhiMf?
V  .  C^J —  * ;  “  . 1  e  <J  ̂  J  y « « -  • w  h m  O' O  .  v .  •. V-.

copy. Just offer it and have flra.
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Moss - Redirect

MR, MARSH: A copy is with ttM paper*
THE COURT: 13 a copy in the court file?
MR. MARSH: Yes
THE COURT: All right, put a number cn it.

(PLAINTIFF'S EXHIBIT 18 was raa 
for identification and filed.)

MR. ALEXANDER: We do have a copy of that. X
didn't know what he had.

THE COURT: I don't see it. I have never seen 1
yet. >

There is a motion there in the court file.
MR. HARSH: It la attached to the motion.
THE COURT: Is it attached to it?
MR. ALEXANDER: As I understand it tills is a

matter to which the Court has already made ruling.
THE COURT: I believe I told them, my lnformatlo

was that I would rule on the evidence in th i courtroom. 
If I didn't, I deviated from tay usual custxa.

Is a copy In the file? I looked as far as the 
motion and didn't see it.

MR. MARSH: Just one moment, your llc.ior. V.c hav

iiiv , «isiidtlo • it IS IlOL wL CO t • iw
THE COURT: Not in there.

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- kcuirecL u05

w c  OxxCL.Ui«£ CUuU» Cu Cite UuUt O* Cue UatceC
asserted?

HR. ilARUH: No, air, not for the truth of the
matter asserted. To show that the cocrplaitts were medi‘ 
and tho dates on which they were made and the fact thal: 
the coaaiosion did respond to it on the dates mentions

THE COURT; All right. Suppose you just write 
down on a piece of yellow pad what purpose, since you 
are not offering it for the truth of the matter assertm 
It is an entirely different contest in which you 
made your motion. The motion was to admit evidence 
which is admitted for one purpose, If not admissible 
for all purposes. You did not limit it In your motion

MR. MARSH; No, I did not.
THE COURT: The only motion Z have before ms Is

to admit this paper Numbered 13. There has been 
objection to it and the Court's ruling is t:hat it is 
not admissible.

Now the plaintiff offers the paper for other* 
purposes. V;e will get along. Just pass this and get 
to something else. If one of your associates ca n  writ: 
drr.T v**nt articular parts o f  t’ a p a p e r  he want* a 1 t
1 w A X i.  ̂ Wt* I-iIiaC Vtltll lu XO Up, VxiWil t-...

:■& I r o n  p it u p . As f a r  as th e  pa pc - Lee : vc o n t e n t
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Moss - Redirect

It JLS ittuUuULUSlviiie
Mix. MARSH: V.e will cocao back to that.
THE COURT: All right.

BY MR. MARSH:
Q Mr. Moss, I want to read you sons parts of the 

deposition, right close to the part Mr. Alexander read you, 
and ask you if this is what you stated.

First, on page 30, line 21 of the deposition. 
This was the deposition on February 20, 1970. Do you recall 
stating: "in Apr L  vere there tiroes you were net
producing os called for by work orders?"

And your answer: "That time appeared in April,
March, February and January.” That was your answer.

The next question: "When you weren't producing
as the work orders said?”

Your answer: "That's right."
And the next question: "And this happened every

night?
"Answer: Ko, it did not.
"Question: How often did it happen?
"Answer: I don't know how often it would happen

In that TThnt rnvt rarvr&cr sayi’*-?
A i --, 1 rc.. <. i.u’ur s - v g  * «. . l .

Do you recall saving mat conscantl f durin•> lhal
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Moss - Redirect 007

H

witness.
THE COURT: I an going to —  are ve getting to t c

deposition again? I an going to bold you to the sane 
rules as I did Mr. Alexander. We are going to be here 
all afternoon. First characterize It and then get to 
it.

BY MR. MARSH:
Q , Next on page 17, line 12: "Question: Do you

deny that copy is your — " and then there was an interruptio ,

is a copy of it, but this is not the one that I wrote on 
myself, and I didn't make me a copy of the one, but this is 
not the paper I used in The Lane Company in the office over 
there."

The answer is: **No
MR. ALEXANDER: Page 17?

BY MR. MARSH
Q Page 17, line 12: ’Y?o, I am not denying that it

Do >ou recall that?
A Yes, I recall that, yes.
0 Np>+ r»n A, talking about your a  ivine uo to

ior you?"
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liosa  -  Redirect 603

On ixne h, your answer was: Ml thought it was."
Line 6: "Question: What was your rate of pay

when you went to work there?
"Answer: $1,35.
''Question: What was your rate of pay when you

left there?
"Answer: $1.40, I believe.
"Question: Are you sure?
"Answer: I'm not too sure. I can look at my

records and see.
"Question: Do you have your records?
"Answer: Oh, yes.
"Question: Would you look st them?
"Answer: I don't have them with me."
Do you recall that being the substance of the 

conversation?
A Yes, I recall all that.
Q On page 10, I guess it starts on page 118, line J

"Question: WThat tiroe did you go to the rest root:?
"A n sw er: I don't know what time, the exact tlae

it w a s , but it was after 1 had finished loading the truck.
ian: D id  you  ever cay t o  anyo> e t ! ».-.•>*; • t

v.au two o ' c i o c . .  w~j.cn y ou  w en t?

"A n sw er: Y e s .
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*  i s C u i . i c C  w

fired?

qu^utJLuu: httj it uwu u u m a  Wiien you wuuc<
"Answer: I will have to ioo:t at ay otlier notes. 
"Question: Was it 2:20 when he told you you wer

"Answer: I will have to give you that from ray
notes.

"Question: You wrote to the Equal Employment
Opportunity Ccrx^is3ion on August 20, 1966, that you went to 
the rest room at two o ’clock?

truth.
/'Answer: if I put that in there, that is the 

Question: And when you came back from the rest
room he fired you?

"Answer: That's true."
A Yes, 1 remember saying that.

Q Now do you recall over on the next page, 120,
question by Mr. Alexander: "isn't that what the letter sa

"Answer: From 2 to 2:20, yes. That's what it
says and that's vhat I put in there.

"Question: Was it the truth?
"Answer: It's the truth.
"!!r. Vnrris: That's rot vhat it cay: , ?!r.

U v i  *

__________ **Ir. Alexander: He says he v:aa flret at 2 :20v» u  •

-tw q*
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+ " I»C d £ L. L uiO

»* '■ '  i * ~ * j i *  i - i —  L C I  U t w  1 . 1 .  _ > L  i ' O w i i  U  fc. L w t > *

”Mr. Harris: Did he say anything al oq£ the
conversation in there between that tim?

"ttc. Alexander: Question: Did you see any whit
employees move froa job to job in there at night7 

"Answer: Yes.
"Question: All the tine?
"Answer: I didn't say all the time. You asked

Itae did I see any and yes, I saw them."
A Yes, J. recall all that conversation.f I
Q Ono more, I believe. This is on page 31, line 2 

speaking about the conversation between you and Crusa about 
production.

"Question: Did he say it didn't natter whether
you produced or not?

"Answer: Ho, he said don't let it worry you."
Do you recall that?

A Yes, I recall that conversation because it took 
place this way.

M^. AJJSKA'IDEU: Objection.
TIG-: COUHT: Sustained.

rY m .  ha" *»«•

Yc::, I recall it.
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iioS8 - Redirect 611

Q Now, Hr. Moss, some questions have come up
whether or not you could do the Job in the maintenance 
department. Khy did you think you could do any of the jobs 
in the maintenance department?

MR. ALEXANDER: Objection.
HIS COURT: Overruled.

BY MR. MARSH:
Q Do you understand my question?
A Yea. Vail, I felt this way, that I had had 

42 months of training in automobile mechanics and their 
foreman at the night shift, Mr. Marshall Richardson, had had 
Rome training also as an automobile mechanic, and he had 
moved into that department and worked up to foreaan, co I 
felt like my training and his training was the same, and I 
could do the work over there, too, because, naturally, 1 knew 
it would take time to learn the furniture machinery, but I 
vas willing to learn. And I had training in and around 
machinery. I knew tools, l knew how to handle tx>ls, what 
to do with them, so I felt like toy training was iust as rood
a.i his, and I should have a chance to move in that departŝ  

Q Now on the occasion tlmt you were re >riiaanded,

-d by '!r. <' ;.i shout ct-.'.rtiiv- an 1-or.r late
you indicated Ciuat you had to clean up behind LL 1 day . 
es this the .norr-al practice for the crew ;o clean ■.

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11053 - Redirect

W Srfki 1 1 1  VA C» ■ kVi V* * •

A
Q
A
Q

this time?
A Well, when we cons In, there was a truck behind 

the machinery which was full, so we had to move it. How it 
got there and why it was left there, I couldn't say, but it 
was probably left there by the day shift, because they would 
leave Just as we were coming in. Naturally, we had to move 
that stuff out of the way in order to make room for the stuff 
we were going to put there.

Q Normally it wouldn't bo there?
A Hot all the time, no. It would be there occasioi
Q Do you recall on the same deposition on

February 20, on page 113, talking about the harassment of 
Hr. Crum, do you recall the question by Hr. Alexander: 
"Question: That was harassment because you broke the machine
with a hammer ?M

And your answer: "That was harassment.
"Question: Vhat other harassment?

• V :  .i 4.  L .  . :  . 0 ^ . : .  ,  .

And ti:is is the part X v.nt you to recall.
( e S H c L -

No, it Ŷ asn't say a norr.al --
Just ansv/cr, was it the normal practice?
No, it wasn't.
Hew did you happen —  hew did it happen to happen

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l l o o s  • Redirect 613

"Question: That'a all you can think of, all the
harassment?"

And your answer; "I didn’t say that was all of 
it. That’s all I can think of right now." Do ytm recall tlu 

A Yes, I recall that conversation.
MR. MARSH: At this time we would lilie to offer

plaintiff's Exhibit 13, and this is the decision —  ho
fhas a copy. X don't have it.
/

THE CCyilT: I asked you to have one of your
associates vnrite it down./

MR. MARSH: Ho is preparing the notion. X think
I can give you the reasons orally.

THE COURT: I act not interested in a motion.
What parts of this paper do you vant introduced?

MR. MARSH: Your Honor, we think this paper shou^
be admitted because it shows —

THE COURT: I should say I h3ve already ruled
on it once and I am not going to rule on it again. It 
was offered here, the whole without* nny
limitation, and I have refused it, and I an not going 
to change iny ruling. I nay bo \nrong, but I will i.-e
co. . i" T ' *”• 1 •«t*|•- L • * • .fc. • * -  — thot i 1:
tii-j pa^cr are iruiwaissilic, i. n^t
cn that titaci 11.«-n-*« X.r »i'- a p a r —n Lo *-. •!*-■;

c l
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4Ji>S “ Redirect 614

thing might not be, I aa going to require you to have 
one of your associates to write down the parts that 

admissible so I can sec them* X don t think tills 
j:g a proper subject to be discussed in £rcnt of tiic jo.:] 
Apparently I didn't make myself clear a muaent ago.
If you will get one of your associates to do that —
Mr* Goldstein, you prepared the motion, didn't you? 

m *  GOLDSTEIN: Yes.
THE COURT: You know what I am talking about*

All right, if you will do that.
Let's pass on to something else*

BY MR. MARSH:
Q Mr. Moss, on the question of production, were yoi 

over told by Mr. Crum the extent to which your production wai

down?
^ Mo, I was never told to what extent, whether it

was ten per cent, fifteen or thirty, I never wai told.
q  During \hat time would Me. Crum speak to you

about your production, on what occasions?
A w ell, it always was around the time when 1 woul^ 

r,*u. ffs-p r\ rai?e or wonted more money, ho voul< always then

v i' - ’ . *• - *»• ♦
W 1* A. •» A. U  ** > cr

v'.’.U
If production upf ffI will do titles •___

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Mass - iieuirect 6 1 « >

uatur«*. But rc waa always arwunu Uic t-Luu) Mueu i w«a* 
for a raise.

MR. MARSH: I have no more questions, your Honor
MR. ALEXANDER: I have no more. Yov. may stood

down.
(Witness excused.)

MR. MARSH; Mr. Kidd, your Honor.

WILLIE B. KIDD
having been duly sworn, was examined and testified as follow!

DIRECT EXAMINATION
BY m .  COLDSTEIHx

Q Would you please state your name and address,
please.

A
Q
A
Q
A
Q

Willie B. Kidd, Route 2, Finer, Virginia, Bax 11 
Mr. Kidd, I understand you era not feeling well. 
That Is correct.
You have had a heart condition for {.bout a year? 
Yes.
I am Just going to ask you a few questions, if

you could just respond quietly and try to get through with
this qtiichly.

A

JL

o* j t

Mr. Kidd, did you kr.tr.; the nlalntlf I?rcd
-  l o t s * -

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Kidd - Direct £15

Jr. who is sitting over here?
A I do.
Q Did you work with Mr. Hoga?
A I did.
Q Where did you work with Mr. Moss* Mr. Kidd?
A At The Lane Company.
Q Did you know Mr. Moss before you went to work at 

The Lane Company?
A I did not.
Q When did you go to work with The Lane Company, 

Ur. Kidd?
A Sanetloe in 1965, around about August. X don't 

know the exact date or the exact month, somewhere around 
August.

Q How long did you work at The Lane Company, Hr.
Kidd?

A A year, around a year, a little nor< , a little
less.

q Were you still working at The Lane c ompany vlien
IS:. Moss was fired from The Lane Company?

iA I vos.
q v’■ > cl id you start vorhir v: • t.’i Ur. ‘ T' !!

Lane Cocipuny ̂

A____SoucLlrae the first of 1 .l.o year, in "atr.ujyy, 1
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ivied -  LJLrect 11/

tuxiik.
Q He£ore the f i r s t  o f  the year, did y e a  work in

tlie same a r e a  as Hr. H o s e ?

A Yes, we vork in the same area, both in the rough

end.

Q Was th is on the night sh ift?

A Tiie night s h if t ,  yes.

Q You vorfked the whole time o f  your employment at
ii

The Lane Company on the night sh ift?

A , That 13 co rrect.
i

Q You said ea r lie r  that you went to  vork with Hr. 

Moss around the f i r s t  o f  the year?

A That is  correct.

Q What do you mean you went to  vork with Mr. Moss?

A V e il , Mr. Moss was put on tho gang r ip  at the

f i r s t  o f the year, so I vent in one year and Hr. Crum to ld  a t  

X *oald have to vork with Hr. Moss, and lie voult t e l l  me wha

to  do.

Q Could you try  to  speak a l i t t l e  lou<cr, Hr. Kidd 

A Sorjctimc the f i r s t  of the year I went in end Hr. 
Grunt told  me that I  would be uorking with Mr. M  as, and he

1 ’ tell 'V. * h-f f~ dc.

. A _

v . . .

Ji£
■ VU i — •. i x i. ». t  'J>

t:Old ra rhr.t .J,
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dd - Direct 616

*» •* U v  J  4*<«. L* f

Q What wo 3 lir. Moss doing on the gang rip?
A I didn’t understand.
Q What vas Hr. Moss doing on the gang rip?
A He vos operating the gang rip.
Q Did you tail any other machine for Mr. Moca?
A I don’t understand.
q Did you work on any other machines with Mr. Moss 
A We did, yes.
Q What are the names of those machines?
A I believe, some of those machines I don't know 

the name of It. This was my first time in fha furniture
factory.

Q Would one of Moss' machines be the tenoning
machine?

A That is correct. And also we worked on ripsaws 
at times.

Q Did you work continuously with Mr. l\oss on these 
machinea from January to the spring?

A At the time he was working on this.
Q At the time when Mr. Moss was workirg on the

machine yon worked on the machine?
A JL *. ■ •

rp-»
1 C O ' J h T :  H o w  I o n - ,  u n t i l ( * *\ l  * *0 O  f* '9 m ’  ^  

. i C  w d a  J  Jt. t Vi  i

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Cidd • Direct o

Tii£ Until Uu Wiu» <.u'6u.
Till: COURT: All right.

BY MR. GOLDSTEIN:
q Vcs there any time when you worked less on the 

machines, you and Mr. Moss worked less on the machines?
A That is correct, sometimes vc worked less, ye3.

Q
A

When was that around?
I <?Well, we worked pretty regularly at the beginning

ie, our time was cut down on theAfter being on them 
machine.

q yho cut your time down on the machines?
A I don't know that, I Just only worked when, on

the machine with Mr. Mos9 when I was directed by Itr. Crum or| 
Hr. Moss, I don't knew what the reason was for.

q Who informed you of what job you were supposed 
to do, whether you were supposed to work on a gang rip machi n 
or do some other job?

A Well, sometimes when 1 would come in 5tr. Crtaa 
would tell me that he had another job for me toniiht, he
wanted c» to work with a certain foreman, or at a different 
area in the plant, that we didn't have anything t > do on tiki

chlivo tV.*.t r.'-ht.
■>.j . i.« C r c; i j - j L i. - 

A Yes, ho was ay foreran.
R U T H  J O N E S  G R E I N E R .  C  S R

S t e n o g r a p h  R e p c.iTi«
Bristol v * . Tinn 24201



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lUdd - Direct i‘2J

^  J  ^  i w i w J  X.J. W » « — w  w  . ,, i ~  *  i * .  • 4 M o j  k V v i

worked as ar» operator on a machine when you were not the 
taller for that machine, if you were at work that day?

A Yes, he worked with other people when I wasn’t
there.

Q When you weren't there, or when you were there?
A No, not when 1 was there, juat when I was absent,
Q When your time on the machine was cut down, when

you say your time on the machines was cut down, what machine 
are you referring to?

A Well, that was all of them, all that we had 
worked on, our time was cut down on the machines all togathe 

Q Was that the gang rip machine?
A Gang rip and other machines that we had been 

working on.
Q What Jobs were you put on when your time was cut 

down on the machines?
A Well, we would do different things. Sometimes 

wo had to unload transfer trucks and put on what: we cell 
the core patching machine.

Q Whnt was that? 1

A Ccr̂ e patching machines.
l -  . .  -v. w i  V. t i . v  .  Vi  v  I  U  U  a !  ' . . .  -  .

MTU AUKAIffiias: O b j e c t  i o n .
R U T H  J O N E S  G R E I N E R  C  S R

S T E N O G R A P H  R E P O l T t H
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ixiUU - Direct .,21

evtaiuu.; Ask him what k in d  o f  j o b  i t  w as.

BY MU. CULDSTiXIi:
Q What kind of job was the patching machine?
A That was sanding what they call, it is a chip

core block and put patches in them where they Wvire broke at. 
If there was a piece broke out, we had to saw a patch and 
sand it off and put some kind of glue on it and put on coma 
kind of an electric machine and patch it back.

Q Do you remember an incipient one night -- 
, THE COURT: It is cold patching machine?
THE WITNESS! Patching machine.

BY m .  GOLDSTEIN:
Q Do you remember an incident one nig it, Hr. Kidd, 

when you and Hr. Moss were working on the patching machine 
with a white non?

A Yes.
Q Do- you know the white nan?
A No, I didn't know him.
Q You don't know his name?
A No.
Q What was the incident?

At m
> . • i  > l  -  . »  - i , 0b1cct!r xv T!s

t  * * . . « •  i  .I-- «■ JL -1 L  L  -L id d . V W  *■ fcV ^  -*J J  •.

'

to hr i n "  o u t  h e a r s a y . iron  a i i

~  U > I ( L -
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S T f  N O O R A (*M  R U \ t ’,'T|'R

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i x i i i d  - direct >* 4-»

UC|>Û lLxv.iAO» iu XJ ^UXC uww*uuj[ «
THE COURT: Chat page t-.iu wiiaC depO£> Ltioi.»*

MR, COLDSTEDi: 1 d id u 't know i t  was a deposition

your Honor.

THE COURTj I t  is something some foreman or 

supervisor said to him?

MR. GOLDSTEIN: I w ill  try to lim it i t  to  what

Mr. Kidd has knowledge of.
THE COURT: Is it something some foreman or

supervisor said or did?
MR. GOLDSTEIN: It is something that they overlie :

one foreman say.
THE COURT: V.’hich fore nan?
MR. GOLDSTEIN; Mr. Crum.
THE COURT: Something Mr. Cram said?
MR, GOLDSTEIN: Right.
THE COURT: Is that correct, Hr. Al<«ander?
HR. ALEXANDER: No, sir, not unless —  it ia on

page 34 of Moss* deposition, your Honor. Starts on 
page 34.

THE COURT: Is that vivit you Intend to offer?
Hf>, rr>TP'TTFP?: I am to offer what :*r. Kid

deposition.__________________
R U T H  J O N E S  G R E I N E R  C S R

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Kidd - Direct u23

Xilh UUuivis What probative vurua doc« It have 
without uiiat Mr. Love said? \'ou call Mr. Love and you 
can have him testify.

MR. COLDdTEIN; Mr. Kidd overheard thia cortvcraa 
THE COURT: Yes, but the conversation was not

in the presence of Mr. Crum. Is that not correct?
Let me ask you something, Mr. Kidd. This incidci

ihere, wc have it in deposition form. The conversation 
Hr. Love was, a white man and you and Mr. Kosa were the

W2black, men working on that machine, you were working 
together that night?

THE WITNESS: Yea.
THE COURT: The conversation that Mr. Love had

with Mr. Crun. waa that in the presence of Mr. Crum? 
THE WITNESS: Yes, that ~
THE COURT: Did Mr. Crua hear it?
THE WITNESS: Yes, he did.
THE COURT: All right. Ha saye it tas in the

presence of Hr. Crum.
HY MR. GOLDSTEIN:

Q Can you relate this incident, Mr. Kidd?
A

i.o uu,

t „  ---  ̂-- .» e *.1, „ ,
*■ - >■» >••• . U  ,  l .  J i l l  I .  . 1 ■ 1. r .  ; i

>i. *.1_LL«i Xi. «/4 . J  l. ) 1,
would fit! it,

R U T H  J O N E S  G R E I N E R  C  S R
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ividd Direct

instance on page 34 at all.
MR. ALEXANDER: No, sir.
THE COURT: Does this have any probative value?
MR. GOLDSTEIN: Yea, X think it doec, your Honor
THE COURT: What probative value of one white ms

and two black men working on a job which apparently 
was not —

HR. GOLDSTEIN: I want to bring out that the vhi
man was transferred off of the job and when Mr. Moss

i

asked to be transferred off, he was not.
THE COURT: That is Just what —  you are testify

Mr. Goldstein. If Mr. Love —  have you tried to get 
him? Have you talked to Mr. Love?

MR. GOLDSTEIN: No, we haven*t.
THE COURT: Have you tried to subpoena Mr. Love?

Do you knew where Mr. Love lives?
THE WITNESS: No.
THE COURT: Have you discovered Mr. Crum?
MR. GOLDSTEIN: Taken his deposition.
THE COURT: What does he say in his deposition?

Did you ask him about it?

part icular - - ______ ______________ ____________
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i;icld - i'ireei. 2̂.}

In for whatever it m y  be worth end that is the end. 
You may subpoena Mr. Love and you have had ample 
opportunity to. He la the man who had this conversaii

BY MR. GOLDSTEIIlj
Q Mr. Kidd, were you working on any muchinc or 

around Mr. Moss so that you were in a position to hear Mr. 
Moss ask Mr. Crua for a raise?

A Yes, I did.
Q Were you in a position to hear what Mr. Crum 

replied?
A At one or two times, 1 did.
Q What was the reply of Mr. Crua?
A On one occasion, the saae night, the incident 

that we were speaking of, and Mr. lioss told Hr. Crua that 
him and my3elf tried to do the job that he assigned to us, 
and he wanted to know why we couldn’t get a ralre. Mr. Crura 
replied to him, Lx he didn't like the way they were running 
the factory, the best thing he could do was to cult.

Q Did he ever cay anything else to Mr. Moca in 
your presence which you heard when Hr* Haas askrd Mr. (:rum 
for a raise?

out the production, and if he get: p r o d u c t i o n * t

R U T H  J O N E S  G R f  > N L R .  C  S  R 
6 l  I N O G N  ^f*H R C P O H T  £ R 

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iiidd - Direct c-26

rectory wasn't. fe4.v.uig day rau»ea at tauae, uak aw t^aj.0

see what he could do ior him
Q Did he tell —  did Mr. Crura tell Mr. Moss any 

nore about production, how ouch production he had to get out 
to get a raise?

A No, he never told ua how cuch we hod to do.
Q Did Mr. Crura in your presence ever come up to

Mr. Moss at any other times and tell Mr. Moss that he wasn’t
Igetting out production?

A ^
no.

Q
worker?

Ho, not where I could overhear the conversation,

Has Hr. Moss concerned, was Mr. Moss a good

MR. ALEXANDER: Objection.
THE COURT: I will let him »ay what he observed.

BY MR. GOLDSTEIN:
Q Did Mr. Moss work you fairly hard on the nachir 
A He worked me very hard, very hard.
Q Did otiier workers or other operators who were 

on the some machine that you and Mr. Moss were on ever 
coaplain to you about Mr. Moss* production?

?r. Ob .i retries.

of Mr. Crus, any tiling in the prr.jcnce of •: one o i , ' . . c
R U T H  J O N E S  G R E I N E R  C S R

S t e n o g r a p h  R e p o r t e r

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£b.dd - Direct 02/

UlM Cw~ij/«u4.*y tLr liOw -A.C/4. Lv*w u^U |
of every  em ployee. If any probation  or approbation ,

If you want to phrase It like that, was brought to the 
attention of some of the foremen or supervisors, I 
think probably the same agency rule should apply in 
these cases as they do In labor cases. I think that 
is as far as we can go.

HR. GOLDSTEIN: Yes, your Hot.or.
THE COURT: All right.

BY MR. GOLDSTEIN:
Q Mr. Kidd, when you were working on the tenonex 

machine with Mr* Moss, did pieces of wood ever get caught 
in the machine?

A On a feu occasions we did.
Q Did you observe when other workers were working 

on that machine pieces of wood got caught in that machine?
A Yes, I had seen it happen, yes.
Q Did it happen a number of tlxaes?

MR. ALEXANDER: Objection. Ha is his own vltnes
A Well, I --

THE COURT: Sustained.
rv i :r , ootj's t o t !

’ tr. Moss?

t-l<j vou e v e r

R U T H  J O N E S  G R E I N E R .  C  S R
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Kidd - Direct /  '*• n  (. dC '

A I did.
Q Uow often was that?
A Veil, ve were to unload sometimes as ouch as 

two or three a month, at times, not every month. Just at 
tines, probably unload two or throe a month.

q How long would it usually take you to unload a 
trailer truck, if you and Mr. Moss worked on it?

MU. AL2XAI
/

TDER: Objection.
THE COURT: What probative value does that have?

How is it relevant?I
MR. GOLDSTEIN: Hr. Moss testified he was unload

a trailer truck on the night that he was fired.
THE COURT: He said they unloaded tvo or three

a month.
MR. GOLDSTEIN: Right. I would like to know how

long it usually took for Mr. Kidd and Mr. Moss to unla
$

a trailer truck.
THE COURT: I thought Mr. Moss said, tell oo if

I a m  » t  m 4  » v k ♦“  h a  t i e s

the job tliere on the machine sometime betv;een 23 and
> f ,

45 minutes and went to the bathroom somet ime between
1' ’ t I ̂ ui / l ̂ : . * ̂ C 1 '■-> *

HR. GOLDSTEIN: Thau is correct, yo.-r L o n e r .
Rut prior to that he vc3 do .̂  aet her j o  >_»_

RUTH JONES GREINER C  S R 
S t e n o g r a p h  R c p o m t e r

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129.*-dJ - Direct

1**** U/WU . U tiuiXwl CTUCj*.i
Kl;. GOLDSTEIN: Unloading a truck.
TIE COURT: All right, go ahead.

Ii¥ Mil. GOLDSTEIN:
Q Hew long did it usually take you to unload a 

trailer truck?
A We would unload it anywhere iron seven to eight

hours.
HR. GOLDSTEIN: Thank you, Mr. Kidd. No further

questions.
MR* ALEXANDER: 1 have no questions*
THE COURT: All right, you may step down.

(Witness excused.)
THE COURT: Is this your last witness?
MS. MARSH: Two more very short witnesses*
THE COURT: This one and one other, or this one

and tvo others?
NR* MARSH: This one and two others.

ALLEN HODGES
livin’ been duly sworn, was examined end testified as follows

DIRECT EXA}fVl\T7Cn
' •** * • '  • . N.»« » #

Q State your nane and occupation.
R U T H  J O N E S  G R E I N E R  C  S  R 

S T I N O O R 4 J - H
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A C-C U

i4 ^ I iiWaWc. •> £ UŴ UJI 4«h>Waifc, ) % AJk£)*.At*U«4 «
I  w ork  f o r  The Lana c-^npany.

Q What is your occupation?
A I  w ork  f o r  The Lane Company.

Q What position do you have?
A S u p e r v i s o r .

Q How long have you been supervisor?
A T w e lv e  y e a r s .

Q This is a foreman, same as foreman supervisor?
A (Witness nods head indicating affirmative answer 
Q What department are you foreman of?
A Supervisor in the finishing department.
Q How many people do you have under you?
A Under mo?
Q Yes, sir.
A During the course of a day it would bo ten, twen
Q What machines are under your jurisdiction?
A No machine.
Q What do the people do in your department?
A f i n i s h  f u r n i t u r e .

Q Are you familiar with plaintiff*# Exhibit 3 ami 
4 and Job evaluation nvmuals?

} ~ ~ *- ♦
L id  you  e v e r  u se  t h e s e  in  e v a lu a t in ; '  y o u r  ■ l ‘ ■

-  p O o ^ -

I

Q
R U T H  J O N E S  G R E I N E R  C  S R

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- Direct

A i«o«
Q Do y ou know what I am talkin'1; about? Have you.

ever seen these documents before?

A Ho.

Q I o;a sorry.

A Ho.
Q This is  p la in t i f f  *s Exhibit 2 , and a lso  p la in ti

Exhibit 3, which is  the job  evaluation manual. You are not
I

fam iliar with the content o f  this document?

S I in not.A
Q
A

llo,

You don t use this in evaluating employees? 
No.

Q Do you know the wage grade evaluations used by 
die company from any other source?

A No, I don't.
Q How do you evaluate?
A When you talk about, you mean the rata of each 

person I have got under me?
Q Not the rates and salarv. hut- fho ~-rp ^  r>̂  

or the points, the number o f  points assigned to  a  particular 

jo b , do you use the point system?

s>
A i;o.

. . .  > :

> pOii. L w  « i W [ v  « J  .

R U T H  J O N E S  G R E I N E R .  C S R
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-  L ire cl: -

<■ o lu n n ,  s e c o n d  c o l  u r n ,  number o f  p o i n t s  w i t h  the a lp h a b e t  

b e s i d e  thorn. You a r e n ' t  f a m i l i a r  w i t h  t h a t  system? You don 

use t h a t ?  You d o n ' t  rate ycur j o b  b y  p o l n t 3 ,  >our j o b s  by

points ? 
A
Q
A
Q

Yes.
You understand the point system?
Yes.
All ritjht.
THE COURT: What is the exhibit?

i

MR. MARSH: This is plaintiff's Exhibit 1.
BY MR. MARSH:

Q Would you indicate the number of points assigned 
to tiie various positions in your department.

A For each person?
Q Not each person, but each different position.
A I couldn't do that. I can't keep a31 that in n y

i and.
Q Well, any of them?

MR. ALEXANDER: I o b j e c t .  This is his w i t n e s s ,

your H o n o r .

TTu C0T.FiT: Sustained. You ere lea< inn veur m;n

MI. r.V’SH: Your Honor, !.o in n for •n
R U T H  J O N E S  O R E b i K R  C  S R 

S l E N O G h A P h  R i  O *- r r.H 
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liJdgCG - Direct

company.
Ti.,: CUURT: \«iuic arc you trying no * et «u
HU. UARSll: 1 thought at first he didn’t use the 

system end now he indicates lie does. I am trying to 
find out if this system is used.

THU COURT: Was Mr. Moss in his department?
MR. KYi'JZl: Mo, sir, this goes to the oversli

case, the class ease in terns of what type of system 
was used. I ju3t have a couple more questions.

- Tilii COURT: All right. Let’s go. /sk him. He
saya he doesn’t know the points.

BY MR. MARSH:
Q Do you know any, the number of points assigned 

in your department?
A Ho, I can’t keep it all in my head.
Q Not all, do you know any of tiicn?
A No, without looking.
q When you recoaraend someone for a pr jmotion or a 

raise, what factors do you take into consideratLon?
A What factors do I take into consideration?
Q Yes.
A r  • c r  o h ' ?

Q U Hw J i
A Lf v r  : * y  r* r« » T i  r—rLalJ --- :—-

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»  *** i )  AmM. *

i '  •• |  W w  #. w> ^«4>w« k>i »

Q VA-rf. iuCtoi’s du you u.>e to ui.tCii.iiiK wliet/icr or 

not they are progressing?

A Learning the job*
Q Do you have any sp e c if ic  tilings you look for?

Con you think o f anything?

A I t  is  a lo t  - -  hew they do the jo b , their

knowledge o f  the work, conduct.
i

MR. MARSH: I have no further questions o f this

witness, yoi/r Honor.

CROSS EXAMINATION
BY MR. ALEXANDER:

Q Mr. Uodgcs, have you ever seen this black book?

A Not to  my knowledge.

Q Do you have any tiling whatever on any occasion

to do with job  evaluation?

A No, s i r .

Q Does job  evaluation have anything tc do, anythin; 

whatever to  do with people? Do you even tenow tt at ouch abou 

it?
A No.
n « t> r> rs ,T- ?

V }i t  KS »

R U T H  J C N E S  G F t J N E R  C  S R
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’ edges - .*7
jj

this witnoos.

I 0on*t understand something. Mr. Marsh, try In, 
to save time in making his statement and tl.at only. 
This is a highly technical job evaluation took which 
evaluates jobs without regard to people, it has 
nothing to do with people, it is the way an expert 
arrived at what he says a rate of pay should be for a 
job. I believe Mr. Marsh is lost.

TEE COURT: Let me ask you a question, Mr.
llodges. Suppose that you have, you say, a new hand 
and you decide that he should have a raise. You are
the one that initially decides how he should have a 
raise, a new hand?

THE WITNESS: Yes.
THE COURT: What do you do? just tell us what

you do.

THE UITHESg: Well, we have a blank w  till out
for our ro-rates.

THU COURT: All right. gov; do you decide, vhat
time do you decide when the new hand should have a 
ra isc ?

a

(!) joo hor/ vc }. I !;?
R U T H  J O N E S  G R E I N E R  C  S R 

S I E N O O K A ^ H  R t f OWJ C W
B r i s t o l . v a  T e n n  2 4 . 0 ) - t t t O L -



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-  i< W u  i

— »
••* ?. -., t !kni37 ri ?. -

u *  W U i . V »  «  w11 ow do vvji uuc iuO Vii it-n «v««.i olsl iivti
THE WITNESS: About the same way, Wc switch —  

veil, every Job lies a rate, and ii they a e not up to 
that rate —

THU COURT: What do you roc an every job has a rat
Somebody give him No. 1.

Mrs# Witt, give him Exhibit 1.
This paper here. Look at it. Does that mean 

anything to you?

E.

TI1K WITNESS: Yes.
THE COURT: bo you know the maximum amount that

everybody —
THE WITNESS: It has a medium and a maximum.
THE COURT: For the Jobs?
THE WITNESS: Right.
T1IE COURT: Do you know with the Jobs, the jobs

in your department how high up they can git, that they 
start at and how high they can go in thoai jobs?

?!iij 1« ITi iVj.vS : Yes.
THE COURT: Is that in any way related to the

figures nn that sheet?

:_Hoi; long v.
R U T H  J O N E S  G R f . l M  R C- S  f 

S f f c N O G H A P N  H t H U I I t K
B r i s t o l  V a T l n n  ^ 4 2 0 1

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haJgea - C-03C :y

C „ . j .

THE HIT; TIGS; Fifteen yearn.
Tim COU'IT: How long hnvo you been —  you say

you are in the finishing rood. You have been euysrvls 
for 15?

THF. UITHHSS; Been supervisor for U .
Tim COURT: And you have been in the finishing

room?
i

THE WTHHioS: Twentytwo.
THE cJlUT: For 22 years?

j /

THE wrHTESS: Yes.
THE COURT: Have you ever done any other work

for The Lane Company except in the flnlsh jn& rooa?
THE WITNESSs Ho, sir.
THE C O X T : All right.

REDIRECT EXAMINATION
BY MR. MARSH;

Q If you have two employees doing the ce 
the sane rate, one of which has 12 years* exper ience and one 
j a;j one year e x p e r i e n c e ,  most of thc.a doing the same re to, 
which one vould you rate the higher?

A If I had one with one year’s experi .ueei

? *>
j  —  w

tiu.li i\i <i nr-.? ’ . . c in ! ” a t  th e  r.< .c % .  i - w  w  *■ *

. J
R U T H  J O N E S  G R E I N E R  C  S

S t e n o g r a p h  h t r o w i t R
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Li ** 'C'V?

Q Y e s ,  s i r .

A Probably the now one because I could get him up 
to the rate he belongs.

Q I ao sorry, I didn*t hear your answer.
A You mean the old one's rate higher Lhan the new

one?
Q Yes, I aia trying to find out if it makes a 

difference how long a person does work, both of them are 
producing at the sane rate, would they be rated the same or 
would one be rated higher than the other?

A Hot necessarily.
Q It wouldn*t necessarily make a difference as to

the rate as to how long they had been there doing the work?
A A small difference maybe.
Q Very small difference?
A Very small.
Q Suppose an employee masters his job in 3is .month:

c.nd he performs as well as an employee who had l een there 
12 years, would you rate hin just as high?

A Yes, sir. i
So the length of tine and emcriencf he hr.

Ton i f  he c o u l d  d o  th e  j  o on w e l l
S RR U T H  J O N E S  G R E l N E !

Sr F NO O f J A P H  R c . ’O.- : e. n 
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J . O *J J

w i l O  l i u  J  U C C i i  L i A v ^ i *  ! . « •  ^  v u i .  j  •

Q So it iJ ability lo bo Lite Work that uuktu lliu
difference?

A Right.
Q And his prior experience wouldn’t mcke a diifere 
A (Litness shakes head indicating negrtive answer.
Q Did you have a way of knowing what experience 

your workers had had before Urey ccr.ie to Lane?
A Yes.
Q , How would you find this out?
A When they would cocao to work. I always ask them 

their experience if they liave ever had any.
Q Would that prior experience make any difference

to you or would you judge him on how well he worked while 
working at Lane?

A Well, he would have to work a while and let me 
evaluate him.

Q You would evaluate him on I row he performed on th 
job in your department?

A Yes.
Q Not what he had done sotxrrftore else before'/
A p * them f ~ f*o cr,r’'̂ r* ̂ o <-

T h a n k  y o u .
R U T H  J O N E S  G R L I N t R  C S R

S t e n o g r a p h  R e *»o w t e r

B r i s t o l  V a . T e n s  2 4 ? o t

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Rouges - Reuiroct

LU-l J Ui.Ui.1 Ui»i» L>VS Ci.kU.̂ .U.
MR. ALiRhVt.DiuR: When I gut Uaough \ itu hLu.
MR. HARSil: I aia sorry.

RECROSS EXAMINATION
BY MR. AIJEXAUDER:

Q When you re-rate an enploycc, you get a work 
that the company has, right?

A Right.
j

Q And arc you required to Judge an employee on 
his quickness to /earn?

A Knowledge of work.
Q His quickness to learn?
A No.
Q His knowledge of work?
A Right.
Q Quantity of work?
A Right.
Q Quality of work?
A Right.
Q Reliability?
A Right.

<1 At. i o-:;'ar:r.o?_____________
R U T H  J O N F S  C R i i N F P  C  f  R

S T f N O G P A P H  R t P O H T f N

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i\C C 1*0 si.vd̂ es -

Q Aj*.u uL-w i u
A Right.
Q You make remarks if you want to, if you wanted

to say something special in support of it?
A Yes.
Q If you don't rate him on all of these things, 

do you get a merit Increase for him?
A HO.

MR. ALEXANDER! That is all.
i

MR. MARSH: Ho questions.
May this witness be excused?
MR. ALEXANDER: Yes.

fitness excused.)
MR. MARSH: Mr. Johnson.

DOUGLAS JOHNSON 
having been duly sworn, was examined and testified as follow

DIRECT EXAMINATION
LY MR. MARSII:

Q State your name and address and occupation.
A poinlnq .Tnhnson, 22 R lv e r v i c w  Stree , r o d  v W-.un

i

I*v/,7 Xon 1:C\vc you »»• .
R U T H  J O N E S  C R E I N L R  C  S R

Sts n o g r a p h  R cpoptin
B h i s t o l  V a . T t N N  2 4 2 0 1

. oQ i a t  I.



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j Oiuioon — Lii'cei t A

A I liuve been roreuan over uy wea, 1 am in uuire 
for approximately lour years.

Q Hen; Ions have you been foreman overall?
A I x.'ould say seven years, seven or seven end a he

years,
Q
A
Q
A

What area were you foreman of previously?
Bed and table department.
Pardon*
Bed and table department is connected with the 

cabinet room.
Q What is your present department?
A Hy present department?
Q Yes.
A Cabinet room.
Q Do you use plaintiff *8 Exhibit 2, which is the

manual showing different qualities required for workers?
A Yeo, I do.
q Have you seen this booklet before?
A Ye3 , I have -- on that one? I don*', know. 1 

can't tell you.
Q Have you ever seen this booklet bef .re?

■s!
pS r yo. V • nt: '' *\5 »

R U T H  J O N E S  G R E I N E R  C  i
S l e N O G R A P H  R t » 0  <» 

BHI SXOL VA T E N S  «  4 «J O “  l e g  7 - 0 . -



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Johnson • Ditwc

I

^  w - v  t  o  |  a  * * .•  I  V>4k c  I

Q bo you use any type ox u~.iu<.;l like iliiu to 
evaluate or detarainc the job requir. jaunts, the jobs in your 
department?

A Yes.
Q What are the machines in your department?
A I have drum senders, polishing belts, dovetail 

machine, male dovetail machine and female dovetail machine,
I have a dovetail edge sander. I have two, three drawer 
clamps, one edge sender,

Q Do you assign points to the different machines?
A Points? Ho, sir,
Q You don't use grade points?
A Ho, sir.
Q How do you rate your machines, one over the other
A How do 1 rate them?
Q Yes.
A They are rated —  they already have been rated,

I don't rate them. They are rated, the type of macbine has 
ibe type of rate on it,

Q You don't use points. I .’hat do you v 'e?

■ - j
Q I sorry, you must h:r-w.'

- f  r? c  S R

: : X. 'J UU\>0 T. l
R U T H  J O N F f ,  G R  L*

S t r  n o  ’JR /• p h  r k p ^  
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Johnson - Direct

J.U U w L k i d i O J l. Uvi. J
and w h ic h  m a ch in e s  a r c  e n t i t l e d  to . j i s  i l a r i c s ,  how d o  you  

rate your varrous m a ch in e s ?

MR. AUuXAI iDER: Obj e c t i on.
Tin: COURT: Sustained. He hasn*t said any aachii

ves entitled to any salary.
DY MR. MARSH:

Q Let no psk you, sir: e r e  the salaries paid to
different employees in your department dependent on the 
that they are on? /

A You mean is one machine paid more than the other
one?

Q Yea.
A Ye3> sir.
Q How do you determine which machine pays what

amount?
MR. ALEXANDER: Objection
THE COURT: If lie determines -

BY MR MARSH:
Q Do you determine which machine, lire operator whU 

will set a certain amount ol money?

• j  «.-•

R U T H  J O N E S  G R E I N E R  C S R
SrCNOGRAPH RF*»Or»*‘-W

B r i s t o l . V a  . T l n n  2 4 2 G i



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die other cue hi ns,
Q Yes, s ir .

A And i.t depends on how long be has been on the 

machine and whether he Is nev on i t ,  how he is  running the 

machine, how he is  progressing on i t ,  how is  his e f f ic ie n c y , 

his production, that is  how i t  is  rated.

Q So one man might be working on say the dovetail 

machine, tanking one rate , and another man might be on tlie 

came machine making a d ifferen t rate? Both o f  them operating 

the same machine.

A I t  l a  possib le . I t  is  p ossib le , ju t t  depends on 

how long tiie man is  on i t  and whether he is  doirg the job  

or not.

Q Is there a  minimum rate and a maximum rate?

A I t  i s .

Q Do you have a l i s t  where your employees arc 

evaluated in your department?

A I can get one.
Q Do you use otri in the course of your work?
A The Hat, you mean the rates?
0 A 5 fat of the name of yeyve cmloyeei ,  w h o * . - *  r k e v

A Y> a .
R U T H  J O N E S  G R L . N E R  C S N 

S t f f. 'OOR np h

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*' . • V . . , „

•

t  > ,  • *. - / t 
i - '  *  -  V.  w  U  . * v '

St — .... .........
A * ■i'W i.- U  0

Q llow do you decide which employee say uouli pet
a promotion or get a raise?

A That is  le f t  up to the supervisor.

Q You are the supervisor.

A I have supervisors working under me, under each

group.

Q Who in it ia tes  the increases fo r  people in your

department?

A W ell, i t  is  passed by ray supervisors and i t  is  

passed to me and eitlier I approve i t  or disapprove i t ,  and 

I pass i t  to personnel.

Q Nobody in your department can get a raise unless 

you approve i t ,  is  that a fact?

A I wouldn*t say that.

Q Have you ever had an occasion where someone in

your departracnt got a ra ise that you dicing appiove?

TIES COITO1: Is Mr. Johnson a general forcrsan who

was referred to at f ir s t ?

THE WITNESS; I am a general foremai .
yrrrr rre T̂ T? Are vou a eerornl forerrv n?'

.

TN?. C0:t:;T; All right.
R U T H  J O N E S  G R E I N E R  C S  R f D i

Slf cN O C’ OAPH H f P O J "  H fBristol Va T f.n n  2420’ V2 4 2 0*



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Johnson - Direct 647

MR. ALEXANDER: He i s  n o t  on e  o t  th e  g e n e r a l

forem a n  t i r - t  you  w ere  t a lk in g  a b o u t ,  y o u r  H on or .

BY MR. MARSH:

Q As I  u n d e r s ta n d , tie i s  a forc-.aan , and th en  he 

has some g rou p  le a d e r s  u n d er  h im , i s  t i l l s  c o r r e c t ?

A T h is  i s  c o r r e c t .

Q My q u e s t io n  w a s , d o  y ou  r e c a l l  an i n c id e n t  w h ere

an e m p loy ee  in  y o u r  departunent had g o t t e n  a r a i s e  w ith o u t:
I

y o u r  a p p r o v a l?

A N o , a i r .

Q How lo n g  h ave  y ou  b e e n  fo rem a n ?

A A p p r o x im a te ly  s e v e n  and a h a l f  y e a r s .

Q What a r e  th e  f a c t o r s  t h a t  you  u s e  t o  d e te r m in e  

w h e th e r  o r  n o t  an em p loy ee  w i l l  r e c e i v e  v. r a i s e ?

A W e l l ,  he has g o t  s e v e r a l  f a c t o r s .  He h as g o t  

a t t e n d a n c e ,  e f f i c i e n c y ,  p r o d u c t i o n ,  a t t i t u d e ,  h i i  c o o p c r a t i o  

r e l i a b i l i t y ,  h ie  c o n d u c t .

Q Do y o u  t h in k  o f  any o t h e r s ?

A X fh jn lr  jf»ny,

Q Do you  lx e p  a r e c o r d  o f  th e  j r e d u c t i o n  o f  your 
e m p lo y e e s , t h e i r  r a t e  o f  p r o d u c t io n *

ii-’.. ou e v e r  ^ '—

' u V. \ J u  fi.ll
• • I f .

M  i V I C t.: — t *-
R U T H  J O N E S  G R E I N t R

S r i NC « f < * PH REPOM’ l '
E*.'’ s t c : V* T t *  \ ?■*.: -  487cc-



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action?

A Do, sir.

Q Have you ever had an employee promoted within 

your department where you did not reccwucnd tha : action?

A  No, sir.

Q  Have you ever had an employee transferred out of 

your department where you didn't approve the transfer?

A No, sir.

MR. MARSH: I have no further questions.

> CROSS EXAMINATION
BY MR. ALEXANDER:

Q Mr. Johnson, do you have anything w ’latever in 

the world to do with the establishing ot the minimum and 

maximum rates?

A No, sir.

Q Do you have anything to do with the points that 

are assigned to a machine and a task?

A No, sir.

q Do you know of any points that are assigned to 

any employee as opposed to a machine and a task?
A No, sir.

Q I; : • • on ever seen : 1. book I
• m L i. i c wjcd j L

K -
------ - i i  W ± ___ U  Jk________________________________________________________________________ __________________________________ j

Johnson - Direct C40

A.
R U T H  J O N E S  G R E I N E R  C S R

S7t NO G R A H h  P t P O H l t R
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o  “ * CiV w / j ':9

It.* • - u u& cxc. Jed/
H X m AUDJUlDZll: Yes.
THii COURT; All right, you m y  stand down.

(Witness excused.)
m .  HARSH: The last witness, Mr. William Co-or.
T1IK COURT: This is your la3t witness?
MR. HARSH: Yes.
THE COURT: We will call him and then have a

break.

WILLIAM HARRY COGER
having been duly cuorn, was examined and testified as follow

DIRECT EXAMINATION
CY MR. HARRIS:

Q Mr. Cogor, state your full name, age and address 
for the record, please.

A William harry Cogcr, Roi;te 4, Box 52, Rocky Mcun 
Virginia.

Q I believe you are going to have to speck u.j a 
little bit so tlie jury can hear you.

A Willian Harry to^cr, p o > - A t>

Q you present 1'
R U T H  J O N E S  G R E I N E R  •"* v  ^

S T r  NOGRAPH 1 c » » O ^ T ; k

B r i s t o l  V a T e n n  2 4 2 0 1

ed?

'  60?a. -4!



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\ I* 0

A Lwttu uou i>Ui\y, Koc^y iruuuc.
Q In what department are you ru.w world «g?
A I ca working, thoy call It the unloading crew

or receiving, some call it the receiving department where 
you unload the raw maLcrial before they have been processed.

Q V.fho Is the foreman?
A Richard L. Hack.
Q Is he black or white?

1

A Black.
Q

/Do you remeraber approximately when ho became
foreman?

A I would say approximately fî »e years ago, close
to it, right at it.

Q Hen? many black employees in your department?
A Six.
Q Ilow many whites?
A There were one that Richard Mack reminded m  of

within a month, about a month. Ills name i3 Terr/, lie ia a 
truck driver. Ills name is Terry.

Q What do you mean he reminded you of?
A That he wa3 assigned to work with th : crew when

*• •• <'l **> *• *«• « » » ►  #* »-» /*> r- 1 .  -S
-  v ~ • - w O  •

H I . • -• _  -  - -  -  • • ! -

A I v. s reminded of kin about n-mn ■>.
R U T H  J O N E S  O N L I N E  R C S  R f  

S t f n o o r a p h  R e p o b t f r  M 
B r i s t o l  v a  T l n n  24201 ^



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t'V - !;• ■’

Q S p e c i f i c a l ly ,  what is  your job in the department
A My jo b  now ic  to  haul trash  a l l  the tim e, viien

I d o n 't  haul tra sh , when they arc overloaded w ith unloading 

a Lruck, then I liave to  stop  hauling trash  and help  Hr, Hack 

to  unload a tru ck . Then I go bock to  hauling trash .

Q Wluit do you IujuI  th is  trash  from?

A I haul i t  from — w e ll ,  I would say both  p la n ts .

Q I mean, do you haul I t  —

A I  haul i t  from a l l  departm ents.

Q A l l  departments?

A A l l  departments w ith in  the p la n t . A l l  departoen

Q I  take i t  by th at you have occa s ion  to  pass

through every department in  the p la n t, i s  that c o r r e c t?

A I do.
Q Do you have o cca s ion  to  pass through the cample

room?

A Sample room?

Q Yes.

A Y es, I  do,

Q Are tliere any b lacks in  that department?

A I h aven 't seen any.

As t .r as I know
R U T H  J O N l S  G R E I N E R  C S R 

S T F N O O * * P H  R t P O » n ‘ «  
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t-ugor - uxrcct Co >

i J O  j i u a  u u y U  O c c a u i . u a  C C I  u U U U ^ . i  C i K i  --------1 ,  i

room?
A Yes.

MR. AUfcXMTOER: I object to that.
BY MR. HARRIS:

Q The sending rooa?
A I do.
Q Are there any blacks in that room or department?
A I have seen them on the day shift. There is a 

drum sender In Johnson’s department, I believe, that two 
coloreds work, on, drum sanders.

Q Approximately how many people in that sanding
room ?

A Offhand, I would say forty or fifty.
Q Mr. Coger, how long have you actually been doing 

this specific job of picking up the trash throughout the 
plant7

A Veil, I have been doing it, been assisting and 
doing it ever since I have been there, but I only had the 
job permanently for the last year. I have been doing it eve 
since I have been there.

r~ :n,
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years, I ih’nl', In J1 _( '  r-,-. .t: one _t - 1
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S T  F N O G R A P H  R f P O R T f P

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Conor - Direct o ! ) J

yCUJL* 1 W W4. UWU UL **" w W
shift I corked at night one year solid to rite date. 
Night shift. Then I was transferred to the day shift, 
worked one month and back on night shift, worked one 
May and Lack on day shift. The time I have been on tl 
job.

BY MR. HARRIS:
Q That has been approximately eight years you have 

been in the receiving roots or unloading department?
A , Yes.
Q Now I would like to draw your attention back to 

the sanding room for a moment and ask you in your entire tlcjj; 
of being a trash man have you ever seen any blacks in that 
department in the sample room?

A Only carry in some material or carry out.
q I mean working within the department.
A No.
Q Hen; about the sanding room, I be 1 lev a you said

two blacks out of forty or fifty people. Have you seen any
more than flint at any time7 

A No, I haven't.

Loc recently. There vrs live or e J >:
R U T H  J O N C S  C R C ' N C R  C  5  R

$ T t  N O l ' i M K H  P*P*

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ooger - Direct r /
w . , ^ 4 -

iA*w* 4 i» Wigwvw#
Xilii COURT: That question should not have bv. t\

asked or answered in that form.
MR. HARRIS: Yes, your Honor. I am sorry.

BY MR. HARRIS:
Q Do you have a department there called the fire 

department or the fire brigade?
A There is a fire department, fire brigade. Now 

explain which one would it be. We have a fire department 
that if anything catches afire, is that what you mean?

Q Yes, sir.
A We have a fire department there if anything catc 

fire, these men are notified, which are qualified or trained 
anyway, that comes in. If it is two o'clock in the morning, 
they come in and try to put the fire out or do whatever is 
necessary to control it, get the fire under control.

Q Have you had occasion to pass throu ;h that 
department?

A They don't have a department, I don't think. 
They meet and they have their training or discussions. 
Cutside socoeplace, various places.

q po •’•'vt i'rw | hp rren In tht *'('r'9rtrn • r* f ■ f
■ j  -

department. Hr. Harris is the one v.ho s, ) .  o  « i

r u t h  J O N F S  G R E i . N E R  C  S  R 
S T f  R t  P O - X TE I *

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toger - Direct. o3J

Tl.’li COURT: lie said they camu in ami met.
r>Y MR. HARRIS:

Q Do you know the men that make it up;
A They work there and they have a meeting maybe

in the basement or out on the lawn where the fire extinguish 
is to show some thing, maybe they have a new one to show him
how to operate. Maybe they go to another department and s 
how to operate, in case he gets there first.

Q tAre there any blacks in that group?
A No.
Q Have you seen any blacks in that group at all?
A No.
Q Do you have occasion in your travel to pass

through the veneer department?
A Yes, I do.
Q Are there any blacks in that departnent?
A Not as I have seen.
Q Apprac imately how many people are ir there?
A I would say twenty, varies, could be 16, it coul

be 22.
Q I would l.ft'e to direct ycvir nttentl* o *n t-‘»e

ti'.cnt. oiid 11 so, appr jl .uitcly iiov* uVt
RUTH JONES CREINtR CSR 

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'Jcgcr - Lirecc l>5b

A  i U c i C  u J . e  U U t v M  l i t  u m i .  U b f i a i  L u k x f i L .

Q ApjJto-riiuiiiLely how many?
A I would say maybe twenty.
Q Is the filler room also divided into two section
A Ho. It is all under one, in one part. When it 

comes in there, they start and they all come out, it is all 
considered as a filler room, to the best of ay knowledge.

Q Well, let me express it this way. When the 
furniture is placed on the conveyor belt, it la first sprayer 
is it not? It is sprayed with a type of filler substance 
and then it is rubbed?

A It is sprayed flr6t as It conies in the finishing 
room and it passes about, I don’t work in there. I worked lr 
there one-half day, but it passes about four or five sprayern

Q Can you refer to the first part of it as being 
where the furniture cornea into the finishing rooa as to the 
front part of the filler room?

A Front part?
Q Yes.
A 1 would say at the front it cooes in there.

i /
Q All right. How approximately how nr ny blac ks
be in thnt firon of the department?

Tii.'i C0U.iT: I  am g o in g  t o  s u s t a in  i i  . lie tb/wun*1.
RUTH J O N E S  G R C N E R .  C  S R

S T C S O G K A P H  I.H
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Coger - Direct 0 57 II

work there in that room. He ocean't know anything abqp 
the technical part.

MR. HARRIS: He passes through that room six tir̂ :
a day and I believe that could qualify him to make an 
observation as to some people.

THE COURT: lie said there are about twenty black
working in the filler room.

MR. HARRIS: How I am being specific now, sir.
I am trying to be specific and break it up into sectio 
There are two sections in that room.

MR. ALEXANDER: He says there are not.
THE COURT: Ask him -- do you know how the fillc

room operates?
THE WITNESS: No, I don't, I only worked in it

a half a day. I don't know how it all operates. Like 
I told you, I go through there maybe five or six or 
more times a day because I get trash up ani I come to 
see if there is any trash. I have been warned,if ther 
is anything in there, to go in there to see if there is 
anything I think will catch afire, to carry it to the 
trash pile, if it i3 overtime, to get it oit of the 
roan.

ii.. COURT; Arc chute uny wuitc peop-c uyr;ai-1;j 
in the room  a l s o ? ____________ ______________________________________ |

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S t i n o u w a a  i

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Coger - Direct 653 I
I

THE WITNESS: White in there always.
THE COURT: How many whites?
THE WITNESS: I would say there Is —  well, I

couldn't specifically say.
THE COURT: You say there were twenty black peopll
THE WITNESS: Because they go and come. Sometime

they arc transferred up there and then back downstairs 
in tiie rub room.

THE COURT: I understand. You say about twenty
black people.

THE WITNESS: I know the most of them.
THE COURT: About how many white people work the
THE WITNESS: I would say it consists of about:

forty people in there.
THE COURT: About half and half?
THE WITNESS: Well, that would include the bosses

the foremen and all. You sec, it is connected to the 
rub room and they vary backwards and forwards. Maybe 
on this job it will take maybe forty or fifty in one 
department. Maybe then when it £,ets down to the other 
department, maybe they have to go down then , that you 
sec them transfer.

THE CCURT: Is  i t  a o o u t  h a l f  and h a l f
1

THE V.TTNHSS: [That I couldn't say spot
R U I H  J p N E S  sJR f c lN C R  C  S R 

fc>T0*OG«A*N R t P O U T f B
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Coger - Direct

because ilwo 1 ^axu, xauyoe it xx> cun up L u - m  ioua> au 
ten up tixere this morning arid then this evening is go:.r 

THE COURT: Is that both black and white?
TILE WITNESS: Black and v;hite.
THE COURT: All rights go ahead.

BY HR. HARRIS:
Q Is there one specific section in that department 

that all the blacks work in?
MR. ALEXANDER: I object to that.

/THE COURT: You are leading your own witness.
You may ask him about how it is, but you may not lead 
your own witness.

I»Y MR. HARRIS:
Q Which section of the filler room do most of the 

blacks work in?
MR. ALEXANDER: Objection.
THE COURT: You are suggesting an arswer.

BY MR. HARRIS:
Q Is there any section of the filler room that is 

primarily composed of one race?
THE COURT: Answer yes or no, and ii the answer

is yes, he may explain.

BY HR. HARRIS:
R U T H  J O N 8 . S  G W L N E R  C  S  F. 

S U N O C .n A H H  FVtnC'rMk.H 
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COger -  LirecL uoO

<1 Waxen seew ro tu

A I t  i s  in  Lhc f i l l e r  d e p a rtm e n t . On uhe f i l l e r

line, I would say.
Q Killer line. How approximately how many blacks 

on that line?
A There are about as near as I can, 1 know 

practically all of them, about 12.

Q Arc there any whites on that line?
A There are. as close as I nave seen, about four.

In and out,
1

There are only about four that stays on it,
recently.

Q Was there a time when there were no whites on
that line?

Mil. ALEXANDER: Objection.
THIS COURT: I am going to let him answer.

BY MR. HARRIS:
Q The Judge says —  was there a time when there 

were no whites on that line?
A Well, I would say yes or no with an explanation

behind it.
Q Yes.
A Yes, but that hns been soifu1? time ae< T would sav

‘ ■ " < rd i ; ̂v ,  v. u ill- >
section of it?

R U T H  J O N E S  G R E I N E R  C S R  
S t e n o g r a p h  R e p o r t e r

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Coger - Direct 661

A 1 have noticed Uieo in mere, i wouio say wituin
the I n s t  two years. lJov they c o u ld  have been longer. The 

last couple of years 1 have been hauling trash from there 
regularly, daily.

Q Are you familiar with the maintenance department
A Y e3 , I am.
Q Are there any blacks in that department?
A One on the night shift, John Boyd.
Q Approximately how many people are in that 

department?
A Roughly there are about eight, I would say, closi

vary.
Q Do you recall when John Boyd came to work there?
A John Boyd has been in the maintenance room over

a year and a half, I would say. First I believe he first 
was a foreman, if I am correct, which I won’t quote, but I 
believe he was a fireman for a while and then he went from 
that to the maintenance department. That has be on two years

Q Are you familiar with the new black foreman 
named •-

A Who?
Q The row  b l o c k  fo rem a n , t !r .  C le m e n ts , do y - i  re

J i X i u  l

A 1 know h im , y e s .
R U T H  J O N E S  G R E I N E R  C S R 

STfNOGRAHH Rt.fr>,; TIP 
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Coger - Direct 662

Q  l i i U  > O U  UJU>W  11 l u i  D e i U l ' C  kitt 4 > C C u O t0  i . L . . C u k i ) i <

A Yes.
Q \*hat department is he ioreoan in now?
A He is foreman, so I gather, and so they told me,

so he told me.
HR. ALEXANDER: I object.

BY MR. HARRIS:
Q Don't tell what someone told you. From your

observation, please.
A .From c/y observation, he is foreman over the fill:!

room.
Q Uow long has he been foreman?
A I was informed of that a month. It may vary a 

week or longer.
Q Was he in the filler room before becoming foreman
A I knew him as loading the chain, loading furnitun

on the chain, which is connected to —  he would load the 
chain.

Q Okay. VJere you ever interrogated by any company 
official as to who visited your home?

MR. ALEXANDER: O b je c t i o n .

T!?*7 COURT: V'bat is the probative v- 1«*e r*f that?
• 1

1 v V  • l  w 1 i  K+% JL W  • > • ^  4-1» A. w  ^  V  4 W J  1 • -  - -w * I

b e n c h  and explain i t ,  occ6.a.>anit,d  by ^our>el, o r

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cogur - Direct

1 say it xu xroux ox. Luc jux>i
thk COUn'i’: Ask hla if he over had any conver.,ai.

with a company official about this case, is that right f 
MR* HARRIS: Yes.
THE COURT: Did you ever have any conversation

with a company official about this case, end, if so, 
which one?

THE WITNESS: I did on two occasions, only two.
Fred Moss and I have been friends for maybe 18 years.
I might in Sunday School conventions, and associations, 
And he came to my house —

MR. ALEXANDER: I object to that.
THE WITNESS: I run a store and restaurant.
THE COURT: Any conversation with Mr. Mo38?
MR. HARRIS: He is not going to give the

conversation with Mr. Moss, he is going to give the 
background.

THE COURT: What official do you cl. ira came to
his background?

MR. HARRIS: No official came to his house. I
say was he interrogated by an official ab Mit someone 
coming to his house. Levin c*e'”Hn called the
OillCC C V C x x4 ± UcLm J
Moss have to talk about at his

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S T f N O & H * ° n  H t i p o ^ r r  r* 

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house on I'vvhjy i*w-nin

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Coger - Direct 00A

alter he iiad been Lucre over a wetuoaia.
THE COURT: Ail right, let him say ic.
THE WITNESS: That was what, I don’t know how he

got it, but Moss did visit me twice on a weekend.
THE COURT: You can't say what Mr. Moss said to

you about title visit. Did Mr. Goggln call you to his 
office and talk about this case?

THE WITNESS: On Monday morning ho asked rae on
two occasions was Mr. Moss up there and what lie said.
1 kind of laughed and said, "How did ho know Mr. Moss 
was up there."

THE COURT: Has there anything else said?
THE WITNESS: He asked toe if he mentioned his

work, and I told him no, because I don't talk about 
work when I am off of work. That was just left. He 
asked me did he mention anything about this suit, has 
any process for him to mention too much about it.

BY MR. HARRIS:
Q Don't tell what Mr. Moss said.
A He said something, but it wasn't concerning tliat . 

I told Mr. Goggin the real truth about it.
THE COURT: D id Mr. (7? " g in  c r  any o 'h e r  co—T r y

Oili.ci.iil c-j.jC iiivy LiucjLo;
the \:rr . D id n 't  la'Cic n ry  t h r e a t s , b u t X

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S T |  N O O f U H H  H l f ' O . C t P

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Coger - Direct .•/it:

wonuereu now act knoweu iL. no aacuu bcu uauu. 
TIES COURT: Did he make any promises ?
TlLi WITLESS: No promise?;, no nothing.
MR, ALFJIANDER: I move to strike it out.
Til'd COURT: Overruled.
MR. HARRIS: Your witness.

CROSS KRAI IIIJATIOTI
BY MR. ALEXANDER:

Q You and your wife have been working pretty close 
with the lawyers over here for the plaintiff?

A I don't know any of them.
Q This was your wife that was on the witness stand 

yesterday?
A That va3 her.
Q Moss is a friend of yours?
A I didn't know him -- the fir3t time I saw him 

was the NAACP meeting which I belong to, I believe last, 
week before last, something like that, the first time I ever 
seen him.

Q You never saw Moss?
A Didn't know he was a lawyer.

 ̂ T c-orr11 be V  'nVw be t

!«. alkxa*:d; i via
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Coger - Cross 665

A over Lucre i
iiY MR. ALEXANDER:

Q Ye8.
A I told you I have been knowing him around 13 yea 
q Did you participate with Moss, discuss with Moss

this case?
A Did I participate?
q Did you participate with him in planning the 

prosecution of this case?
A ,At ray home?
Q Anywhere.
A I don't run into Moss nowhere, at my store I was 

busy and he would come in, I cooked and fed him, that is it. 
q Have you talked to anybody about this case befor

today?
A I didn't know anything about it.
Q You didn't know anything about this case?
A Didn't know anything about it.

MR. MARSH: Excuse me.
THE COURT: Overruled.

A I didn’t know anything about it until, I knew
‘ 1 *t onlv —  I he*! heard that there v*n a case, T '''r’r't* #

i

V w o L  u C U  C. t \ J  i i ’w'cJ  J s u  J  t X w i  1 . •.» Ji. w  «w-sJ  »• W- l  . a . v

any questions about it.
R U T H  J O N E S  G R E I N E R  C S R

STf.NOtiHA‘-W RtPO'i’kR
Bristol va Te n n ?a?oi

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Coger - Cross /

g lur* Cogcr # did you j;ec on luc vitnc; s s tc v u 
without anybody talking to you about. what you would say when 
you got up there?

A All the information that I received was tiurou&h 
the NAACP meeting.

Q I just want to establish one thing and that is 
this, did you discuss with anybody the fact that you were 
going- to get on the witness stand on this case before you go 
up there?

A What do you mean, thi3 evening?
Q Any tine.
A I never discussed it. The only time I knew, the

first I knew I was going to be on the witness st.and was 
Sunday night.

q And you had a discussion with someone?
A I had nothing to discuss.
q Ycu ncan you didn't talk to the lav;; ere rnd they

asked you questions about it?
A Didn't know them, until the IVvACf meet in;;, and 

I didn't know when he asked about it, I didn't ! new t i : . \ : : . s

t '- 1 ' *  «" ^  •* h . H  .  «  i t l  » * ' % ' * *  T  1 « »  " ' • '  *
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* . » » » • /  > 
t i i v  l U b l V / i t

i.uybe 2'J0 pco xo there, i know se e xrii.'d v i

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STFNOORA^H RtPO' .  rtw 

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Ce-cr - C roju uoo

J :Ui.
Q I r:n not trying to imply there is anything v/ron 

with you talking to people before you got on the witness 
stand. I think that they would be foolish if they didn't 
talk to you. In light of my saying that, do you still say 
you haven't talked to anybody?

A I still say the first tine that I saw either one 
of them was in the HAACP meeting about two weeks ago, the

ffirst time I ever saw them in ray life.
You hayen' t talked to them about what your testii

would be? 
A
Q
A

Haven't talked to them?
Yes.
Hot personally, a few questions, where I worked 

at, how long I had been there.
Q And that is all?
A That is all, how long I had been ther£ and vjhat

[ had been going through the plant and I did tell them, the 
>OSition I held going through the plant.

Q Did you make t a count c£ how many blacks and 
rfaites in those departments?

A I think I stated to him a on r ox i mate l y v»« *••«*<*«»
J- ‘ ' t gi.ve no l >*■* * ....*-...........-,/,

pproxirantely.

r  . .  -♦ r .
\ J. x  . . .

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Coger - Cross 665

Q Would you listen to my question, please. My
question is did you make a count? Can you count?

A Yes, sir.
q Did you make a count of the people in the varioi^ 

departments, black and white?
A I didn't make a count —  
q Could you have made a count?
A As I foretold you, that some goes and comes in 

the rub room and the finishing room is connected and it mighty 
be some furniture run that would caLl for more in the finish 
room, and then when that furniture is run, those go back.
Dow as I forestated to him, there areebout five tl.at stays 
in the finish room.

Q Mr. Coger, I asked you a question which you coul 
answer yes or no. Would you answer yes or no. Could you 
have made a count?

A No, I couldn't have made a count, no, no.
Q You couldn't have counted the people . n these 

departments?
A Not in the finishing room, because like I say, 

they go and cone, 1 couldn't have made a count, Ucause 1
c you ha-.,'.’, ?■ .1 later they go.

Q W odiu you  L.c n admit t iiu t  t d o r e  could jo » ^

-JLl’pla; ‘ 1
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Coger ~ C jtwuS 670

** X wU ktllCUt
Q Would you admit in the finishing roc .a there coal 

be 68 employees, 32 of uhich whom are black?
A No, there couldn’t be.
Q But you made no count. Do you know Coleman Wrigj
A Ye3, I know Coleman Wright veil, he is a friend

of mine.
Q Where did he work or —
A Where did he work or do he work?

I
Q Where did tie work? Did he ever work in tho 

veneer department?
A lie hauled trash. He hauled trash.
Q Did he work in the veneer department where you 

said no blacks v/orked?
A Yes, he hauled trash from down there. He swept 

out to the stock room, he swept out there, too; in other 
words, wo loaded veneer out there and we loaded veneer and 
trash.

Q Would you hold it a minute. Did Col rnvrn Wright 
wort; in the finishing room, please anst.'cr yes or no?

A I don’t know what department he was ,n.
Q

Q

p*»?v1on ?

You don’t know vhclier i.t; *. v. j.n t
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it 1 uua’ c tuiuw Wt.Uit ucpaiUiktiv Wu5 —a. x uwil'c
Lmow. lie clia haul trueh.

Q You made that point, liy question was did he wori 
in the veneer roora?

ij ̂  vii ** 0 C  ̂1 / jL

A I don't know.
Q lie is black, isn't he?
A Yes.
Q This fire departraent that Mr. Harris is talking

about is nothing but a group of employees selected to act 
when a fire occurs, isn't that right?

A Ye3.
Q Do you know if they get any pay for that?
A No.
Q Is it a job or Just a designation, if a fire

occur 3? Isn't that it?
A I don't know.
Q Do you know that it is anything more than that? 
A I don't know.
Q Apart from the sample roora, will you swear that 

there is any department out there that hasn't had blacks 
working in there?

A * ^  '> ^  T 4— '  ^  C* ^  ^  ?

i

^  : ,  j # o  i i - w  l  i  /  •.v  C y * -  «. —  ••

t ;h al h.i s n ' t  iv 3 M n c ! c~> in  i t ’:
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- Cioss (•72

• J l u c w  Jl  y  V  J  i

•

Q Yus. Mid 196J.
A Yea.

Q What?
A The grinder room.

Q The grinding room. You mean one man?
A No, that is where they sharpen, about four or fi\■3

in there.

Q Is that the maintenance department?
A Yes.
Q Is that a department?
A It Is a department. Where they file saws and 

grind saws and things.
Q Anything else?
A That Is all.
Q What?
A That is all.
Q Can you name me any department out tlere during

tiiat time 
A

Q
A

that has not had whites in it?
During which time?
The same period of time, i9G5 and 1972. 

hnd all white?

Mh. li-Vv!; [T>: I will Ua ,'j to object.
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'Vi L

I I H o l -
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Moss v. Lane Company Trial Transcript Vol. II

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