Cohen v. Public Housing Administration Petition for Rehearing and Brief in Support Thereof

    TRANSCRIPT OF RECORD

UNITED STATES
COURT of APPEALS

F I F T H  C I R C U I T

No.

W. G. Anderson, et al.
Appellants

The City of Albany, G eorgia, et al.

Volume

C. B. King
221 South Jackson S treet 
Albany, G eorgia

Donald L. Hollowell 
Cannolene Building (Annex)
859-1/2  Hunter S treet 
A tlanta, G eorgia

Jack  G reenberg 
Constance B aker Motley 
Norm an A m aker 
10 Columbus C ircle  
New York 19, N. Y.

A ttorneys fo r A ppellants

Appeal from  the United S tates D is tr ic t 
Court fo r the Middle D is tr ic t of 

G eorgia, Albany Division

A ppellees

H. G. Rawls, Esq.
P. O. Box 1496 
Albany, G eorgia

Eugene Cook, Esq.
Jud ic ia l Building 
40 Capitol Square 
A tlanta, Georgia

E. F reem an  L everett, Esq. 
E lberton , G eorgia

A ttorneys fo r A ppellees



I N D E X
(Volume I)

Page
Complaint --------------------------------------------  1

Motion For Preliminary Injunction-------- ------------ - 12

Notice of Motion For Preliminary Injunction---------  IS

Motion to Consolidate----------------------------- -—  17

Hearing on Motion For Preliminary Injunction, No. J2J 1A
Testimony of Mr. Slater King:

Cross Examination----------------- ---------  1A
Recross Examination-- ------------ ---------  29A

Testimony of Mr. Laurie Pritchett---------------

Direct Examination----------- ------      36A
Cross Examination------------------------ -—  150A



1
COMPLAINT

(filed July 1, 1962)

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF GEORGIA 

ALBANY DIVISION

W. G. ANDERSON, ELIJAH HARRIS, SLATER KING )
and EMANUEL JACKSON, on behalf of themselves 
and others similarly situated, )

Plaintiffs, )

v. )
THE CITY OF ALBANY, GEORGIA, a body corporate; ) 
ASA D. KELLY, Mayor of the City of Albany, 
Georgia; BUFORD COLLINS, Mayor pro term of the ) 
City of Albany, Georgia; ALLEN F. DAVIS, W. C. 
HOLMAN, JR,, L. W. MOTT, and C. B, PRITCHETT, ) 
JR., constituting the Board of Commissioners 
of the City of Albany, Georgia; MISS MARY C. ) 
TODD, J. M. MEADORS, MRS. T. G. SLAPPEY, MRS.
W. B. WIGHT, J. M. ROBINSON and J. V. DAVIS, ) 
constituting the Board of Trustees of the 
Carnegie Library of the City of Albany, Georgia;) 
VIRGINIA P. RILEY, Librarian of the Carnegie 
Library, LAURIE PRITCHETT, Chief of Police of ) 
the City of Albany, Georgia,

Defendants,
________________________________________ ______________________1

Case No. 730

1. The jurisdiction of this court is Invoked pursuant to 

the provisions of Title 28, United States Code, Section 1343(3)• 
This action Is authorized by law, Title 42, United States Code, 

Sections 1981 and 1983, to be brought to redress the deprivation 

under color of state law, statute, ordinance, regulation, custom 

or usage of rights, privileges and Immunities secured by the 

Constitution and laws of the United States. The rights,



COMPLAINT 2

privileges and immunities sought to be secured by this action 

are rights* privileges and immunities secured by the due process 

and equal protection clauses of the Fourteenth Amendment to the 

Constitution of the United States and by Title 42* United States 

Code* Section 1981 and 1983, as hereinafter more fully appears.

2. This Is a proceeding for a preliminary and permanent 

injunction enjoining the defendants* and each of them* their 

agents* servants* employees* successors* attorneys* and all per­

sons in active concert and participation with them from;

a. continuing to pursue and enforce a policy* custom* 

practice and usage of racial segregation in public libraries in 

the City of Albany* Georgia* which are under the jurisdiction* 

management and control of the defendant Board of City Commission­

ers and the defendant Board of Trustees of the Carnegie Library;

b. continuing to enforce racial segregation policies 

in the municipally owned and operated auditorium of the City of 

Albany which is under the jurisdiction* management* and control 

of the defendant Board of City Commissioners and its agents;

c. continuing to enforce ordinances of the City of 

Albany* Georgia* requiring racial segregation in privately owned 

taxicabs and cfc her transportation facilities in the City of 

Albany* Georgia (Code of City of Albany* 1947, Ch.22 §3, Ch.26 
§12);

d. continuing to enforce ordinances of the City of 

Albany* Georgia* requiring racial segregation on buses operating 

in the City of Albany* Georgia (Code of City of Albany* 1947, 
Ch.22 §§1 and 2);

e. continuing to enforce ordinances of the City of



COMPLAINT 3

Albany, Georgia, requiring racial segregation in theaters and 

other places of public amusement (Code of City of Albany, 1947* 

Ch.22 §4);
f . continuing to enforce racial segregation in public­

ly owned parks, playgrounds, swimming pools, tennis courts and 

all other municipally owned recreational facilities;
g. threatening to arrest, arresting and harassing the 

plaintiffs, and members of their class, for utilizing or attempt­

ing to utilize public parks, libraries, buses, bus depots, train 

stations, taxicabs, theatres, and other places of public amuse­

ment presently limited to white persons by defendants' segrega­

tion policies and ordinances.

3. This is a class action brought by the plaintiffs on 

behalf of themselves and all other Negro citizens of the City of 

Albany, Georgia, similarly situated pursuant to the provisions 

of Rule 23(a) (3) of the Federal Rules of Civil Procedure. The 

plaintiffs and the class on behalf of which they sue are Negro 

citizens of the United States and of the State of Georgia re­

siding in the City of Albany, Georgia, who are similarly affect­

ed by the racial segregation policies, practices, rules, regu­

lations, ordinances and statutes complained of herein. The 

members of the class on behalf of which the plaintiffs sue 

number in the thousands and are consequently too numerous to 

be brought individually before this court, but there are common 

questions of law and fact involved, common grievances arising 

out of common wrongs, and a common relief is sought for each 

plaintiff and each member of the class. The plaintiffs fairly



COMPLAINT 4

and adequately represent the members of the class on behalf of 
which they sue.

4. The plaintiffs In this case are W. G. Anderson, Elijah 

Harris, Slater King and Emanuel Jackson. Each plaintiff is an 

adult Negro citizen of the United States and the State of 

Georgia, presently residing In the City of Albany, Georgia. 

Plaintiff Anderson, acting on behalf of Negro citizens of the 

City of Albany, has petitioned the defendant Board of City 

Commissioners and the defendant Chief of Police to end racial 

segregation in the public facilities under its jurlsidiction, 

management, and control but these defendants have steadfastly 

failed and refused to do so. Plaintiff Anderson has similarly 

requested the defendant Board of City Commissioners and the 

defendant chief of police to cease enforcement of city ordin­

ances requiring racial segregation in privately owned buses, 

taxis, theatres and other places of public amusement but these 
defendants have failed and refused to do so.

5. The defendants in this case are all officials or agents 
of the City of Albany, Georgia. The City of Albany, Georgia, is 

a body corporate. The defendants: Asa D. Kelly, Mayor of the 

City of Albany, Georgia; Buford Collins, Mayor pro tern, of the 

City of Albany; Allen F. Davis, W. C. Holman, Jr., L. W. Mott, 

and C. B. Pritchett, Jr., are all members of and constitute the 

Board of City Commissioners of the City of Albany, Georgia and 

exercise all corporate powers and authority of said City. The 

following defendants are members of and constitute the Board of 

Trustees of the Carnegie Library of the City of Albany: Miss 

Mary C. Todd, J, M. Meadors, Mrs. T. G. Slappey, Mr. J. M. 

Barnett, Mrs. W. B. Wight, J. M. Robinson and J. V. Davis.



COMPLAINT 5

These defendants are elected by the defendant Board of City 

Commissioners. Defendant Miss Virginia P. Riley, is the li­

brarian of the Carnegie Library of the City of Albany, Georgia, 

which is under the jurisdiction, management and control of the 

said Board of Trustees. Defendant Laurie Pritchett, is the 

Chief of Police of the City of Albany, Georgia.

6. All of the public recreational, library, and auditor­
ium facilities sought to be desegregated in this action are 

owned by the City of Albany, Georgia, and are operated by the 

City of Albany, Georgia, through its Board of City Commissioners 

or by a board or agency elected or appointed by the Board of 

City Commissioners. Segregation is enforced in these facili­

ties by police officers preventing Negro citizens from using 

the facilities referred to herein on a non-segregated basis by 

denying them admission or securing their arrest.

7. The transportation facilities sought to be desegregated 
in this action are privately owned, but segregation with respect 

to these facilities is required by ordinances of the City of 

Albany, Georgia. These ordinances of the City of Albany are 

enforced by the Chief of Police of the City of Albany, and all 

other police officers under his jurisdiction, management and 

control. Buford Collins is the Chairman of the Police Committee 
of the Board of Commissioners of the City of Albany.

8. The recreational facilities sought to be desegregated 

In this case, i.e., Tift Park (white), Carver Park (Negro), 

Tallulah Massey Park (white), and several playground facilities 

are under the immediate supervision of a Recreation Committee 

appointed by the Board of City Commissioners composed of members 
of the Board of City Commissioners.



COMPLAINT 6

COUNT I

9- Acting under color of the laws of the State of Georgia, 

the ordinances of the City of Albany, Georgia, and the racial 

segregation policies, customs, usages and regulations of the 

State of Georgia and the City of Albany, Georgia, the defendant 
members of the Board of Commissioners of the City of Albany have 

long pursued, and are presently pursuing, a policy, custom and 

usage of segregating the races in recreational facilities under 

the jurisdiction, management and control of the City of Albany, 

Georgia, and its Commissioners or agents. These recreational 

facilities, namely, Tift Park, Carver Park, Tallulah Massey 

Park, and several smaller playground areas in the City of Albany, 

Georgia, are owned and operated by the City of Albany, Georgia, 

by and through its Board of City Commissioners and the Recrea­

tion Committee appointed by the Board of City Commissioners.
Tift Park Is a large park containing a Teen-Center, tennis 

courts, a swimming pool, a carousel and other recreational 

facilities. The use of this park, except for the zoo and some 

of the benches located in the park, is limited to white per­

sons. Carver Park is a park which has been limited by defend­

ants to use by Negro or colored citizens of the City of Albany. 

Tallulah Massey Park is another park limited to use by white 
persons. Several playgrounds in the City of Albany are also 

limited to use by white persons. Plaintiff Anderson, acting 

on behalf of an organization of Negro citizens known as the 

Albany Movement, has petitioned the defendant Board of City 

Commissioners to desegregate the recreational facilities re­

ferred to herein, both orally and in writing, on several



COMPLAINT 7

occasions since November, 1961, but these defendants have failed 

and refused to do so. Negro citizens of Albany who on July 18, 

1962 attempted to use the facilities of Tift Park limited to 

white persons were ordered to leave the park by Detective 

Captain Edward Friend of the City of Albany police.

COUNT II

10. Acting under color of the laws of the State of Georgia, 

the ordinances of the City of Albany, Georgia, and the segrega­

tion policies, customs and usages of the State of Georgia and 

the City of Albany, Georgia, the defendant Board of City Com­

missioners and the defendant Board of Trustees of the Carnegie 

Library, elected by the Board of City Commissioners, has refused 

to permit Negro citizens of the City of Albany, Georgia, to use 

the facilities and services of the Carnegie Library. These de­

fendants have established a segregated branch library known as 

the Lee Street Branch for use by Negroes. On July 17, 1962 

Negro citizens of Albany attempted to use the Carnegie Library 

on the same terms and conditions applicable to white citizens 

but were denied the use of the same by the defendant librarian, 

Miss Virginia P. Riley, and the Board of Trustees which was then 

meeting at the said Carnegie Library. Plaintiff Anderson has 

also unsuccessfully petitioned the defendant Board of City Com­

missioners to permit Negro citizens of Albany to use the Car­

negie Library on the same terms and conditions applicable to 

white citizens.



COMPLAINT 8

COUNT III

11. Acting under color of an ordinance of the City of 

Albany (Code of City of Albany, Chapter 22, Sections 1, 2 and 3) 

the defendant Board of City Commissioners, and the Defendant 

Chief of Police of the City of Albany, have enforced, and are 

presently enforcing, racial segregation in public transporta­

tion facilities In the City of Albany. More specifically, these 
defendants have required the Cities Transit, Incorporated, a 

public service corporation, to segregate passengers on its buses 

operating In the City of Albany, and have refused to permit said 
Cities Transit, Incorporated, to desegregate buses owned and 

operated by it in the City of Albany pursuant to a franchise 

granted it by the City of Albany. These defendants have also 

required taxicabs operating in the City of Albany to display 

signs indicating whether the particular cab is available to 

Negro or white passengers pursuant to Chapter 22, Section 3 of 

the Albany City Code, supra, and Chapter 26, Section 12, Albany 

City Code, supra. These defendants have also enforced racial 

segregation in the Trailway bus depot located in the City of 

Albany by arresting and harassing Negro citizens who seek to use 

the facilities of said depot on the same terms and conditions 

applicable to white persons. Plaintiff W, G. Anderson has pe­

titioned the defendant Board of City Commissioners to permit the 

Cities Transit, Incorporated, to operate its buses on a non- 

segregated basis, but these defendants have failed and refused 

to do so as a result of which the Cities Transit, Inc., has 

abandoned most of its transportation service in the City of 
Albany since the plaintiffs and members of their class



COMPLAINT 9

have refused to ride the Cities Transit buses on a segre­

gated basis and have refused to ride them on an integrated basis 

out of fear of arrest and harassment by the police officers and 

prosecuting authorities of the City of Albany.

COUNT IV
12. Acting under color of an ordinance of the City of 

Albany (Code of the City of Albany, Chapter 22, Section 4), the 

defendant Board of City Commissioners and the defendant chief 

of police have enforced, and are presently enforcing, a policy, 

custom and usage of requiring racial segregation in theatres 

and other places of public amusement in the City of Albany.

COUNT V

13- Acting under color of the segregation policy, custom 

and usage of the State of Georgia and the City of Albany, the 

Defendant Board of Commissioners and those employees, under 

their supervision, in charge of the city auditorium, are pur­

suing a policy, custom and usage of requiring racial segrega­

tion in the municipally owned and operated auditorium. Plain­

tiff Anderson has petitioned the Defendant Board of City Com­

missioners to abandon this policy of racial segregation and to 

cease requiring racial segregation in the city auditorium, but 

these defendants have refused to comply with said request.

14. Plaintiffs and the members of the class which they 

represent are irreparably injured by all the policies and 

ordinances of defendants complained of herein, and shall con­

tinue to be irreparably injured by these policies and



COMPLAINT 10

ordinances until enjoined by this court. There is no other 

adequate remedy to grant the relief sought in this action other 

than this action for a preliminary and permanent injunction.

Any other action to which plaintiffs and those similarly 

situated could be remitted would be attended by such uncer­

tainties and delays and such multiplicity of suits as to deny 

substantial relief, cause further Irreparable injury, and 
occasion damage, vexation and inconvenience not only to 

plaintiffs and these similarly situated but to defendants as 

public officials.

WHEREFORE, plaintiffs pray this court:

1. Issue a preliminary and permanent injunction, re­
straining and enjoining defendants, and each of them, their 

agents, servants, employees, successors, attorneys, and all 

persons in active concert and participation with them from:

a. continuing to enforce racial segregation in 

publicly owned and operated libraries;

b. continuing to enforce racial segregation in the 

publicly owned and operated auditorium;

c . continuing to enforce racial segregation in 

publicly owned and operated parks and playgrounds and the 

recreational facilities thereof;

d. continuing to enforce racial segregation in priv­

ately owned and operated buses and bus depots;

e. continuing to enforce racial segregation in priv­

ately owned and operated taxicabs;



COMPLAINT 11

f. continuing to enforce racial segregation in priv­

ately owned and operated theatres and other places of public 

amusement;
g. threatening to arrest, arresting and harassing the 

plaintiffs, and members of their class, for utilizing or at­

tempting to utilize public parks, libraries, buses, bus depots, 

train stations, taxicabs, theatres, and other places of public 

amusement presently limited to white persons by defendants 1 

segregation policies and ordinances.
2. Plaintiffs pray that this court will grant an early 

hearing on their motion for preliminary injunction filed with 

this complaint and an early hearing on their prayer for perm­

anent injunction;
3. Plaintiffs pray that this court will grant them their 

costs herein, and will grant them such other, further, addi­
tional or alternative relief as may appear to a court of equity 

to be equitable and just in the premises.

C. B.KING
221 South Jackson Street 
Albany, Georgia

DONALD L. HOLLOWELL 
Cannolene Building (Annex) 
859i Hunter Street, N.W. 
Atlanta, Georgia

JACK GREENBERG 
LEROY CLARK 
CONSTANCE BAKER MOTLEY 
10 Columbus Circle 
New York, New York

Attorneys for Plaintiffs



MOTION FOR PRELIMINARY INJUNCTION 
(Filed July 7, 1962)

12

Come now the plaintiffs by their undersigned attorneys and 
pursuant to Rule 65 of the Federal Rules of Civil Procedure 

move this court for a preliminary injunction enjoining defend­

ants* their appointees* agents* employees* successors* attorneys 

and all persons in active concert and participation with them 

from continuing to enforce a policy of racial segregation in 

publicly owned and operated libraries* auditorium* parks* play­

grounds* and other recreational facilities* and in privately 

owned buses* bus terminals* taxis* theaters* and other places 

of public amusement in the city of Albany by denial of admis­

sion and arrests for attempts to use such facilities and as 
grounds therefor show the following:

1. The Defendant Board of City Commissioners and those 

employees under their supervision or subject to their appointive 

power* are maintaining and operating the auditorium* libraries* 
parks* and other recreational facilities owned by the city of 

Albany on a racially segregated basis or are denying use of these 
facilities to Negro citizens entirely.

2. The plaintiffs In this case are W. G. Anderson* Elijah 
Harris* Slater King and Emanuel Jackson. Each plaintiff is an 

adult Negro citizen of the United States and the State of Georgia, 

presently residing in the city of Albany. Plaintiff Anderson* 

acting on behalf of Negro citizens of the city of Albany peti­
tioned the Defendant Board of City Commissioners in November* 

19bl* to end racial segregation in the facilities owned and 

operated by the city. The petition was unsuccessful and the



MOTION FOR PRELIMINARY INJUNCTION 13

policy of racial segregation was continued to wit:

a. Plaintiffs and other members of the class have 

presented themselves at the publicly owned facilities and 

made proper and orderly requests to use the facilities on 

the same basis as white citizens. They were at all times 

refused access to the facilities by those in charge of 

admission or by police officers who were on duty at the 

time., solely because they were Negroes. Further, members 

of plaintiff's class have been subjected to arrests for 

their attempts to use the publicly owned facilities on a 

racially integrated basis.
3. The plaintiffs, as citizens, residents and taxpayers of 

the city of Albany, who regularly contribute towards the support 

and maintenance of publicly owned facilities operated in whole 

or in part by expenditure of public funds, are entitled under 

the constitution and laws of the United States, to use all such 

facilities on the same basis as all other citizens.

4. The city of Albany has in present operation ordinances 

which prohibit racial integration in theatres, places of public 

amusement, and transportation facilities, such as buses and 

taxicabs. Pursuant to these ordinances, police officers, under 

the supervision of the Defendant Chief of Police, have denied 

plaintiffs and other Negroes admission to these privately owned 

facilities, and have subjected them to arrests for attempting to 

use these facilities on a racially integrated basis. Further, 
private proprietors have in compliance with said segregation 

ordinances, refused the use of their facilities to Negroes 
solely because of their race.



MOTION FOR PRELIMINARY INJUNCTION 14

5- State statutes or city ordinances which on their face 

require and impose racial segregation in either publicly or pri­

vately owned facilities are unlawful and a denial of equal pro­

tection of the laws under the Constitution of the United States.
6. The operation of publicly owned facilities on a racial­

ly segregated basis or the prohibition by ordinance or statute 

of racial integration in privately owned establishments is a 

violation of the constitutional rights of the plaintiffs and all 

other members of the class, resulting in irreparable injury, 

loss and damage as appears in the complaint. Unless restrained 

by this court, defendants will continue to permit and actively 

aid the unlawful enforcement of racial segregation and the ex­

clusion of plaintiffs and other members of their class solely 

because of their race from the above named facilities. The 

issuance of a preliminary injunction herein will not cause un­
due inconvenience or loss to defendants but will prevent ir­

reparable injury to the plaintiffs.

WHEREFORE, plaintiffs pray that this court:

1. Issue a preliminary injunction, restraining and en­

joining defendants and each of them, their agents, servants, 

employees, successors, attorneys, and all other persons in 

active concert and participation with them from:
a. continuing to enforce racial segregation in 

publicly owned and operated libraries;

b. continuing to enforce racial segregation in the 

publicly owned and operated auditorium;



MOTION FOR PRELIMINARY INJUNCTION 15

c. continuing to enforce racial segregation in 

publicly owned and operated parks and playgrounds;

d. continuing to enforce racial segregation in 
privately owned and operated buses and bus depots;

e. continuing to enforce racial segregation In 

privately owned and operated taxicabs;

f. continuing to enforce racial segregation in 

privately owned and operated theatres and other places 
of public amusement.



16

NOTICE OF MOTION FOR PRELIMINARY INJUNCTION

Please take notice that the foregoing motion for prelim­
inary injunction will be brought on for a hearing before the 

Honorable J. Robert Elliott, United States District Judge, at 

the Federal Court House in Columbus, Georgia on August 1, 1962 

at 2:00 P.M, or at such other time and place as the Court 
may by order set the same for hearing.



17

MOTION TO CONSOLIDATE

IN THE UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF GEORGIA 

ALBANY DIVISION

ASA D. KELLEY, JR., individually )
and as Mayor of the City of Albany; )
STEPHEN A. ROOS, individually and )
as City Manager of the City of )
Albany; and LAURIE PRITCHETT, )
Chief of Police of the City of )
Albany, )

Plaintiffs, )

Vs. )

M. S. PAGE, DR. W. G. ANDERSON, j
SLATER KING, CHARLES JONES, )
REVEREND MARTIN LUTHER KING, JR., )
REVEREND RALPH ABERNATHY, REVEREND )
WYATT TEE WALKER, MRS. RUBY HURLEY, )
CONGRESS OF RACIAL EQUALITY, SOUTHERN )
CHRISTIAN LEADERSHIP CONFERENCE, )
STUDENT NON-VIOLENCE COORDINATING }
COMMITTEE, THE NATIONAL ASSOCIATION )
FOR THE ADVANCEMENT OF COLORED j
PEOPLE, AND, THE ALBANY MOVEMENT* and j
other persons whose names are unknown and ) 
who are acting in concert with them, )

Defendants. )

NO. 727

Come now the defendants by their undersigned attorneys 

and pursuant to Rule 42(a) of the F.R.C.P. and move this Court 

for an order consolidating the trial of the Instant case with 

two other cases now pending before this Court, to-wit:

(1) W. G. Anderson, et al Vs. City of Albany, et al; 
Civil Action No. 730;

(2) W. G. Anderson, et al Vs. City of Albany, et al; 
Civil Action No. 731.

and as grounds therefore show the Court the following:



MOTION TO CONSOLIDATE 18

I
The instant action and the two cases sought to be con­

solidated therewith involve common questions of law and fact.

II
The evidence already presented in the instant case would 

be the same as the evidence presented in the cases sought to 

be consolidated herewith.

III
A consolidation of the instant case with the two cases 

pending in this Court and sought to be consolidated would 

avoid unnecessary costs and delays.

IV

The parties in the instant action and in the two cases 

sought to be consolidated are infact the same.

WHEREFORE, defendants pray:

That this Court will grant their motion to consolidate.



Hearing on Motion For Preliminary Injunction, No. 727.
Albany, Georgia

2:30 P. M., JULY 303 1962:

1A

THE COURT: All right, the matter of Asa D. Kelly,
Jr., individually and as Mayor of the City of Albany and 

others, Plaintiff, against M. S. Page, and others,

No. 727: we call that case for such proceedings as 
may be appropriate at this time.

* * * *

(Introduction of counsel and argument on defendants* 
motion to dismiss)

I rule that the the Court does have jurisdiction, 

and I overrule the motion to dismiss, and the Plaintiffs 
may proceed.

MR. LEVERETT: May it please the Court, at this 

time we would like to call for the purpose of cross 

examination one of the Defendants, Slater King.
*  #  *  *

MR. SLATER KING
one of the Defendants, called by 
Plaintiffs as adverse party, being first 
duly sworn, testied on

CROSS EXAMINATION
BY MR. LEVERETT:

Q Will you state your name, please?

A My name is Slater King.

Q And where do you reside?

A At 1304 South Cleveland Drive in Albany.



Hearing on Motion For Preliminary Injunction, No, 727, 2k

Q That’s in Dougherty County, in the Albany Division?
A That’s right.

Q And what is your occupation?

A I ’m real estate broker and Insurance.

Q And you are an official, are you not, with the
Albany Movement?

A I am.

Q What is your position with the Albany Movement?

A Vice-President.

Q Now, the Albany Movement. That’s an unincorporated 

association of individuals in the Albany area, is it not?
A That’s correct.

Q You don't have a charter from any source?
A No, we haven't.

Q Who are the other officers of the Albany Movement?

A That would be Dr. Anderson, President, myself 

First Vice-President, Mrs. Irene Wright as the Second Vice- 
President. The Executive Secretary is Mr. Marion Page and 
the Treasurer, Mr. Emanuel Jackson.

Q Now, how many other or what other organizations 
are working with the Albany Movement in connection with the 

activities that the Albany Movement is carrying on in Albany, 
Georgia?

A Well, it is a very loose thing that we have all 

thought of as working as individuals and not an organization. 
That’s why we named a separate name, the Albany Movement, 

because we wanted a cohesive for the people who might be 
incidentally members in other organizations.



Hearing on Motion For Preliminary Injunction, No. 727. 3A

Q But you have cooperated and coordinated your 

activities, have you not, with other groups, such as the 

National Association for the Advancement of Colored People?

A We have tried to operate so that we were not 
subordinate to any group.

Q You have worked with them though, have you not?

A That's almost a question of semantics, isn't it?

Q Now, I'm asking you the question: I asked you, 

haven't you, have you not worked with officials and with the 
authorized officials of the NAACP?

MR. HOLLOWELL: May it please the Court, I think 

the question is too general. He didn't specify any time 

or place or activities. 1 would submit that the manner 

In which the question is phrased does not address itself 

to the witness in order to be able to give an Intelligent 
answer.

THE COURT: Well, the question was whether he 

has worked with them, the past tense: I presume that 
means at any time.

MR, LEVERETT: May it please the Court, I think 
I can clarify that.

THE COURT: All right.

Q Mr. Leverett: When was the Albany Movement formed?
A Sometime back in November. As far as giving the 

chronology on it, I would not be able to give just the exact 
date or time and that sort of thing.

Q November of '6l?
A That is correct.



Hearing on Motion For Preliminary Injunction, No. 727. U

Q Now, since that time the Albany Movement has been 

engaged in certain activities in the City of Albany, dealing 

with demonstrations, with picketing, with boycotting and 
with marches, has it not?

A Repeat that again, will you please?

Q Since its formation, hasn't the Albany Movement 
been engaged in activities in Albany, specifically the 

making of demonstrations, parades and marches, in effort, 

as you claim, to present your grievances to the City?

MR. HOLLOWELL: May it please the Court, I submit 

here again that this would be a conclusion that he's 
asking from the witness, unless he specifies the 

particular category and the particular occasion, if he 
has some particular one in mind.

THE COURT: I think the witness could answer 
that question within his knowledge.

A The Witness: Will you repeat it one more time, 
so that I'd be sure that I have that, again please?

Q Mr. Leverett: Since its formation, has not the 

Albany Movement conducted activities involving the holding 

of demonstrations, the making of marches on the City streets, 
the conducting of parades, the sending out of pickets, and 

also haven't you conducted a boycott? Now, if you want to 
answer those one at a time, you can.

MR. HOLLOWELL: I submit here again, Your Honor:
No. 1, that this calls for a conclusion of law, as to 
what constitutes a parade and what constitutes a 

demonstration and indeed, these are all matters which



Hearing on Motion For Preliminary Injunction, No, 727. 5A

are set out in the Code of the City of Albany; and I 

submit that it would be a conclusion upon this man's 

part as a witness to have to be called upon to answer,

No. 1 And No. 2 that the statement is so prolix as to 

not give the particular witness an opportunity to address 

himself to individual rather than a complete gamut of 

items that the interrogator desires to have him answer.

THE COURT: I agree with counsel to this extent:

I think that it would be better if the question were 
broken down.

MR. LEVERETT: All right.

THE COURT: So that it could be more intelli­
gently answered.

Q Mr. Leverett: All right, sir. Now, at various 

times in the past since its formation, the Albany Movement, 

hasn't the Albany Movement sent pickets out to picket in 

front of the City Hall, with placards stating certain 
grievances that they were complaining of?

A I would say no because most of the time this has 

been a thing of spontaneity, where people have felt - this 

whole movement has almost been a religious one — where people 

have felt very aggravated at the very intolerable conditions.
Q Just a moment, I didn't ask for a speech: I asked 

you to answer the question.

Q, Well, no; thank you.

Q You say the Albany Movement has not sent out 
pickets in downtown Albany, Georgia?

A That's correct.



Hearing on Motion For Preliminary Injunction, No, 727. 6k

Q Have people associated with the Albany Movement 
engaged in picketing?

A Yes.

Q, They have?

A Yes.

Q Have any officials of the Albany Movement engaged 
in such picketing?

A Yes,

Q Now, what about the conducting of marches, have 

any people, members or officers of the Albany Movement 

engaged in marching on the public streets of Albany and 
in and about the City Hall?

MR. HOLLOWELL: Here again, Your Honor, I would 

submit that as a foundation it would have to be deter­

mined here what constitutes a '’march", inasmuch as 

a "march" is one of the items listed specifically In 

Chapter 24, Section 36 or 35, it is, of the Albany Code; 
and this would be here a conclusion of law; and that in 

order for this witness to have to answer this, there 

would have to be a proper foundation laid, and there 
has been no such foundation.

THE COURT: You mean he would have to show 
that he was an expert on marches?

MR. HOLLOWELL: It would have to be shown that 

he has some knowledge of what constitutes a march as 

it relates to the particular matter as is alleged in 

this petition. They cite this as one of the allegations 

in their petition and show that it is one of the laws



Hearing on Motion For Preliminary Injunction, No. 727. 7A

that allegedly some of the Defendants have been guilty 
of breaking.

THE COURT: I overrule the objection.

A The Witness: Would you repeat that question one 
more time then?

Q Mr. Leverett: Haven’t members and officials of the 

Albany Movement engaged In marches, consisting of groups of 

people anywhere from maybe 20 to 30 up to several hundred, 

marched down the public streets of Albany by way of demon­
stration to air your grievances?

A I would say no to this and shall I tell you why I 
say no.

Q, I think it would be advisable.

THE COURT: You may explain your answer any way 
you want to.

A The Witness: Well, he warned me not to do it,

Your Honor. I would say no because most of the time this 

too has been a thing of spontaneity, where people have 

decided that they wanted to pray upon the courthouse steps. 

All avenues of expressing our grievances have been cut off. 

And we never - I never considered it a thing of marching.

It was to meet in front of the City courthouse and to pray 
and it has always been a thing of spontaneity.

Q Mr. Leverett: Regardless of what you consider it 
though, there have been occasions in which, say several 

hundreds of people, many of whom were with the Albany 

Movement, were engaged in walking down to the courthouse, 
to the City Hall?

A Yes.



Hearing on Motion For Preliminary Injunction, No. 727. 8a

Q They have also been walking down Jackson Street.

I mean Oglethorpe and coming up Jackson to Pine, is that 
right?

A Would you repeat that again?

Q I stated that these people, these groups of 

people, have walked up Jackson Street, crossed Oglethorpe 

and gone down to Pine, turn on Pine and go by the City Hall?

A I have never noticed the route.

Q You've never - you don't know that some of them
have walked down Jackson Street?

A Yes, some have; yes, some have.

Q Now, do you know whether or not on any of those 

occasions any permits have ever been obtained from the City 

Manager to authorize these groups marching or walking, as 
you would have it, down the street?

A Not as I know of.

Q Do you know whether any application has ever been 
made to the City Manager or any other City official for 
such a permit?

A Not as I know of.

Q Are you saying that you don't know whether it 

has or are you saying that no application has ever been made?
A I don't know whether one was or not.

Q Now, have you not also conferred with officials of 

the National Association for the Advancement of Colored 
People, with regard to the program of the Albany Movement?

A As individuals, yes.

Q In fact, Mrs. Hurley Is a regional representative 
of the NAACP, is she not?



Hearing on Motion For Preliminary Injunction, No. 727. 9A

A That's correct.

Q Do you know whether or not there is a local branch 
of the NAACP?

A Yes, there is.

Q In fact, who is in charge of the local branch?

A What do you mean when you say "in charge"?

Q Who is the highest officer of the local branch?

A Reverend M. F. Adams is the President.
Q And who is the Vice-President?

A I don't know this,

Q What about Secretary or Treasurer or Secretary-
Treasurer?

A I am the secretary.

Q Of the local branch of the NAACP?
A That’s correct.

Q Now, has Reverend Adams participated in any of the 
discussions that the Albany Movement’s leaders or officials 
have had with reference to your activities?

A Not as I know of.

Q You have, of course, have you not, because you are 
on the official board, you are an official of both?

A Now, your question is a little nebulous. Will you 
repeat that again, please?

Q I asked you whether or not you have participated 
in activities of the Albany Movement, since you are an 
official apparently of both organizations?

MR,. HOLLOWELL: May it please the Court, that’s 
no question. This is a statement of fact that this



Hearing on Motion For Preliminary Injunction, No. 727. 10A

counsel is making, which is too broad and it's a 
conclusion.

THE COURT: Yes, I sustain that objection.

Rephrase that question, Mr. Leverett.

MR. LEVERETT: All right, I ’ll go on to something 
else.

Q Now, what is the Southern Christian Leadership 
Conference?

A I know nothing of the Southern Christian Leader­

ship Conference, of its formation, except that Dr. Martin 
Luther King is the President.

0. Are you stating to the Court that you have no 

knowledge whatever of its objectives or its organization?

A Its by-laws and that sort of thing, I know nothing 
of. I answer with an emphatic no.

Q What about Its activities, do you know anything 
about the activities that it pursues?

MR. HOLLOWELL: May it please the Court, may I 
submit that this question is still too general. Its 

activities as relate to what. It’s just a general 
nebulous fishing kind of question.

THE COURT: Well, he’s simply asking him if he 
knows what their activities are and he either does or 

he doesn't. I think it’s a question that he can answer.

A The Witness: I assume that their activities are 

an attempt to try to bridge the gap between the tremendous 

inequities that exist between blacks and whites in the South.



Hearing on Motion For Preliminary Injunction, No. 727. 11A

Q Mr. Leverett: Would you say that is the same 

objective of the Albany Movement with regard to the situa­
tion in Albany?

A Similar, yes.

Q You don't know whether or not that is a corporation 
or an individual?

A I haven’t the slightest idea.

Q Now, Dr. King has been down here on numerous 

occasions since the Albany Movement was formed, has he not?

A This I don't know either. I have only seen him 

twice and that was when he was let out of jail in December 
and then the latest, coming back for this trial.

Q Do you attend any of the services that are held 
down at Mt. Zion or Shiloh Churches?

A When you say "services", they have church services 

and they have BYPU. Sunday School: which ones do you mean?

Q Services where speakers, that you've had speakers 
down there to come in and speak on the racial relations 
situation in Albany?

A You still aren't being specific. Do you mean at 
mass meetings or the Albany Movement or what do you mean?

Q I ask you if you have been present when Dr. King 
spoke down at those churches, either at mass meetings or any 
other kind of meeting?

A I told you that the first time that I had heard 

him, had seen him, was when he was leaving after December, 

after the flare-up; and I have heard him speak since coming 
back, yes.



Hearing on Motion For Preliminary Injunction, No. 727. 12A

Q How many times?

A This I couldn't tell you. I have a bad memory,

Q You say that you have not seen Dr. King but on 

two occasions since the Albany Movement began activities?

A What I'm saying is this: You were trying to 

infer that I had seen him many, many times. I'm saying that 

I was in jail in December and I only saw him after he had 

been let out, about December 18, I guess, briefly using the 
telephone; and then I have seen him thereafter when he came 
back for trial.

Q How many times have you seen him in the last 
month?

A I couldn't tell you because I don’t know.

Q. One time or more than one time?

A It's been many times since he's come back I've 
seen him.

Q Since he's come back to Albany?
A Yes.

0, You've seen him in Albany?
A Yes.

Q Now, what is the Congress of Racial Equality?
Are you familiar with that organization?

A I know nothing of It. I have heard of CORE, I 

know nothing of its formation or anything of that sort.

Q, Do you know whether or not they have a representa­
tive in Albany now?

A I have heard that Marvin Ricks represents them.
I don't know this officially.



Hearing on Motion For Preliminary Injunction, No. 72 7. 13A

Q Anybody else?

A I know of no one else.

Q Representing CORE,as it's called?
A Yes.

Q What about Mr. Hansen, do you know him?
A Yes, I know him.

Q Isn't he a paid employee of CORE?
A This I don't know.

Q You don’t know whether or not he Is an employee of 
CORE?

A I assume he's —

MR. HOLLOWELL: Now, may it please the Court, if 
he s going into assumptions and conclusions, we would 
ask that they be stricken.

THE COURT: Yes, let’s don't assume. If you 

know, why just tell usj if you don't know, why so state. 

A The Witness: I know nothing of him working with 
CORE.

Q Mr. Leverett: He has been present at many of the 

meetings held in the two churches here though, hasn't he?
A I have seen him.

Q And has he to your knowledge been involved in 

any of the walking up and down the streets with the other 
groups and picketing at the City Hall?

A I have not so seen him.

Q He has been placed in jail, hasn't he, on one or 
two occasions?

A Yes.

Q And he was charged to your knowledge with having



Hearing on Motion For Preliminary Injunction, No. 727• 14A

participated in some of these activities, was he not?

A Well, once.
MR. HOLLOWELL: May it please the Court, the record 

will speak for itself and would be the highest and best 

evidence.

THE COURT: Well, he can say whether he knows or 

not. He can say whether he knows and, if he doesn't 

know, he can say that.

A The Witness: Once as a moral witness, I believe, 

that he came and stood In front of the City Hall in silent 

protest and they jailed him. I think I read that, and two 
other boys with him.

MR. HOLLOWELL: Now, may it please the Court, 
the witness said he thought he read it and I submit that 

this would be a conclusion and opinion evidence.

THE COURT: Yes, I sustain that objection.

0. Mr. Leverett: Now, hasn’t the Albany Movement 

conducted or participated In some clinics for sit-ins and 
picketing?

A Hasn't the Albany Movement conducted some clinics?
Are you saying clinics on sit-ins?

Q On sit-ins, on so-called peaceful demonstrations, 

marching or any other activities that you've engaged in?

MR. HOLLOWELL: Now, we would have to object to 

this and I apologize to the Court for having to object 

so frequently; but right on the end he says "or any other 
kind of activities in which they have been engaged; 

and I submit that this is too broad; and here again,



Hearing on Motion For Preliminary Injunction, No. 727. 15A

it calls for a conclusion of this witness and the question

is just simply too broad and not pointed enough.

THE COURT: Yes, I think if you bring it down,

Mr. Leverett, ask him specifically about specific

activities rather than such an all-inclusive question.
MR. LEVERETT: Allright, sir.

Q Has the Albany Movement either conducted or 
participated in any clinics on sit-ins?

A May I explain? Yes, they have because of our 

interest in seeing that there was no violence and we feel 
that this must be done.

Q Who conducted those, who were the teachers or 
instructors at those clinics?

A We have asked consultants, people who’ve dedi­
cated themselves to this way of life, such as Reverend 
Andrew Young and others.

Q Were you present at any of these clinics?
A No, I have not been.

Q Now, what about clinics on picketing, have you 
had any clinics on picketing?

A Not as I know of.

Q. Have there been any clinics on picketing?
A Not as I know of.

Q Have there been any clinics of any other nature 
that you know of?

A Yes, on the meaning of non-violence, because this 
is something that has been very Important to us. We have 

wanted to discourage violence in every way that we can.



Hearing on Motion For Preliminary Injunction, No. 727. 1 6 A

Q How many people, do you have any idea how many 

people actually took part In these clinics way of 

receiving instructions therein?

A I haven't the slightest idea.

Q Do you think it would be less than 100 or more 

than 100?

A I haven't the slightest idea.
Q, Now, in sending out at various times haven't all 

of these organizations joined together in making and sending 

out literature?

MR. HOLLOWELL: If it please the Court, I again 
have to object, "In sending out literature haven't all 

of these organizations" —

THE COURT: I sustain the objection. Let's be 

more specific, Mr. Leverett.

Q, Mr. Leverett: Hasn't the NAACP, the SCLC, the 

SNVC and CORE presented petitions jointly to the City 
Council, making demands with respect to employment of City 

employment on behalf of Negroes?

A This is totally untrue. In making any demands we 
made, like in going back to the Mayor in November, I believe 

it was clearly stated that all of the different organizations 
were represented, but we were acting as individuals through 

one agent or one head, and this was the Albany Movement. But 
this was acting as Individuals and not as an organization.

Q All of them were seeking a common objective?
A Some common objectives.



Hearing on Motion For Preliminary Injunction, No, 727. 17A

Q Now, didn't also the Albany Movement call a boycott 

or what you refer to as a "selective buying program"
In the City of Albany?

A No, the Albany Movement hasn't called that.

I think each person has had a commitment to his conscience 

and we felt we were treated so terribly by the City that 

we would buy where our dollars were appreciated and where 

we were employed.

Q Do you know whether or not any pamphlet or any 
letter was ever sent out, urging people not to do business 
with certain merchants?

A Not as I know of.

Q, Now, at one time you had a municipal bus company 

operating in the City of Albany, did you not?

A Municipal? What do you mean, owned by the municl~ 
pality?

Q No, a bus company?
A Yes.

Q Public transportation?
A Yes.

Q And wasn't a boycott called of that company which 
forced it out of business?

A No, there was no - no, there was not a boycott 

called of this company. After the flagrant and abusive 

treatment of one of the passengers by the Albany Police 

Department, most of us felt that in good conscience we 
couldn't ride the bus; and, therefore, the majority of us 
refrained from it.



Hearing on Motion For Preliminary Injunction,No. 727. 18A

Q Well, are you saying that there was no announcement 

made by the Albany Movement or any leaders of the Albany 

Movement, urging the people not to trade with the bus company?

A I think that I and many other people made announce­

ments that they would not ride, but it was a commitment that 

a person would have to make up in their own mind.

Q In fact, when you hold these meetings at these two 

churches, you discuss all of these problems that you have 
In this area, do you not?

MR. HOLLOWELL: All of what problems that we have 
in what area, Your Honor?

MR. LEVERETT: May it please the Court, I have 

interrogated this witness about some demands that they 
have made to the City and we’ve gone over it and I think 

the witness is familiar with what I ’m asking him about; 

and I*m asking him if he has discussed these things that 

he says they have done In any discussion down at the 
church.

MR. HOLLOWELL: If it please the Court, he's trying 

to get an injunction and he must be specific. There has 
been no delineation of any of these things whatever 

it is that we’re talking about, and I submit that any 

response would be a conclusion, because the question 
has not been properly phrased.

THE COURT: I sustain the objection. You can 

be more specific than that, Mr. Leverett.

0. Mr. Leverett: Allright, I'll ask you whether or 
not the matter that you complain of or the treatment



Hearing on Motion For Preliminary Injunction, No. 727. 19A

that you complain on by the transit company, has that ever 

been discussed down at the Shiloh Baptist Church or Mt. Zion, 

or Mt. Zion Methodist Church?

MR. HOLLOWELL: May it please the Court, here 

again he says the treatment that he complains of and 

there is no record that he made any particular complaint 

of any treatment.

MR. LEVERETT: That anyone made.

MR. HOLLOWELL: No. 1, just a moment, sir. And No.

2, has this ever been discussed at the church In his 

presence; and I would submit that here again, it would 
have to be more pointed than that.

THE COURT: Well, I interpret the question to 

relate to the statement that the witness just made a 

moment ago in his explanation of why he stopped riding 

buses. Now, the question is, was that ever discussed 
were these reasons for not riding the buses ever 

discussed at these churches. I think the witness 

understands the question.

MR. HOLLOWELL: What I mean, here again, unless 

It was in his presence, It would still be of no moment.

THE COURT: Well, of course, unless he was 

present, he xtfouldn1! know whether it was discussed or 

not. I think the question is in such form as the 
witness knows what It means and can answer It either 
yes or no. I overrule the objection.

The Witness: Would you repeat it once more, please?



Hearing on Motion For Preliminary Injunction, No. 727- 20A

Q. Mr. Leverett: The question was, do you know 
whether or not the grievances that you've just referred to 

against the bus company, was that matter ever discussed at 

either the Shiloh or the Mt. Zion Churches?

A No, I don't call it discussions; just a statement 

was made of the treatment that Miss Ola Mae Quarterman 

received on the bus and was being jailed for what we felt 

was nothing, sitting in the front of the bus was the size 

of it.

Q Was the matter ever discussed, the fact about the 

employment practices of the bus company with reference to 

the employment of colored drivers? Was that ever discussed 

to your knowledge?

A Where?

Q At either the Shiloh or the Mt. Zion churches?

A I think it was discussed that there were no 
Negroes employed.

Q And do you know whether or not the matter of 
the employment practices of the merchants in Albany with 

reference to the employment of Negroes, has that been 

discussed?

A Employment of who?

Q Of Negroes?

A Thank you. Now, repeat that again, will you 

please?

Q Do you know whether or not those practices have 

been discussed at the two churches?



Hearing on Motion For Preliminary Injunction, No. 727. 21A

A It has been so stated, those places that don't 
employ colored people.

Q In fact, wasn’t - let me see If I understand it - 

is it your contention as an individual or as an officer of 

the Albany Movement, whichever way you wish to speak in, 

that the merchants should employ, if he has 30 per cent 

say Negro trade -

A Thank you for correcting that word.

Q - That he should employ 30 per cent Negroes?

A Would you repeat that again, please?

MR. HOLLOWELL: May it please the Court -well, I ’ll 
wait and let him repeat It first.

MR. LEVERRTT: Will the Court Reporter read the 

question back to the witness? He seems to be having 
difficulty hearing.

A The Witness: No, I don’t like the way you 
pronounce Negro.

MR. LEVERETT: Read the question.

Q (Reporter reading); "Let me see If I understand 

it - is it your contention as an individual or as an officer 

of the Albany Movement, whichever way you wish to speak in, 
that the merchants should employ, if he has 30 per cent 

say Negro trade— Answer: Thank you for that correcting that 

word. Question: - that he should employ 30 per cent Negroes?"

MR. HOLLOWELL: Now, if it please the Court, there 

hasn’t been any contention made by the witness, and this 
is a witness that he called.

MR. LEVERETT: For cross.



Hearing on Motion For Preliminary Injunction, No. 727. 22A

MR. HOLLOWELL: He is called as a witness and has 

not been called upon to make a policy statement for 

the particular organization; and the other remark I 

would want to address myself is to the effect that the 

attorney here, although he has broad scope in cross 

examination, it would appear that he Is seeking to testify 

rather than to elicit answers to direct questions;

And this we object to.

THE COURT: Well, I interpret the question as 

being a question relating to the policy of the organiza­
tion of which this witness is a member, and he's In 

position to know, he being an official, what the policy 

is. I think it's proper question and I overrule the 

objection.

A The Witness: This is my personal opinion, that 

Negroes should be as much as possible hired percentagewise 

to the amount of business that they give to this place of 
business.

Q Mr. Leverett: Do you know whether or not that is 
also the policy of the Albany Movement?

A It is not.

Q Has that ever been discussed at any of the meetings?

A It has not been. I don't believe it has been.

Q, Have you ever talked to any merchants yourself 
about your belief in this regard?

A I have talked to no merchants in the City of Albany
regarding this.



Hearing on Motion For Preliminary Injunction, No. 727. 23A

Q As an individual, do you think that you have the 

right to violate the law simply because you think the law 
Is unjust?

MR. HOLLOWELL: If It please the Court, this asks 

for a conclusion and I would submit that not only that 

but It is irrelevant and immaterial. I mean there Is no 

indication yet that there has been any lav; violation 

shown and, therefore, there would be no materiality 
to this particular question.

MR. LEVERETT: May it please the Court, we expect 

to tie it up later by other evidence. One of the alle­

gations in the complaint is that the Defendants have 

been violating the law, this is one of the Defendants, 
and I think -

MR. HOLLOWELL; What law?

MR. LEVERETT: Those that are enumerated in the 
complaint. And I think his —

MR. HOLLOWELL: Well, I would submit —

MR, LEVERETT: That his opinion on that is cer­
tainly relevant to the issues In the case.

MR. HOLLOWELL; I would submit that under the 

circumstances, since it appears that counsel here is 

seeking to somewhat entrap the particular witness and 

cause him to incriminate himself as relates to some 
criminal charge which Is now pending, I would be forced 

to instruct the witness not to answer It, based on that 
ground.

MR. LEVERETT: The witness is entitled to invoke



Hearing on Motion For Preliminary Injunction, No. 727. 24A

the constitutional privilege against self-incrimination 

if he wishes to. I don't deny that.

MR. HOLLOWELL: But I would ask the Court in the 
light of this fact if the Court x^ould inform the witness 

of what his rights are in this particular, since from 

the line of questioning and the statement just made by 

counsel, it would appear that the things which I have 

just stated is that which is desired; in other words, 

trying to get the witness to testify against himself.

THE COURT: Well, I think you gentlemen in your 

argument about the question have strayed from what the 

question was. As I recall the question about 5 minutes 

ago, the question was, does this witness personally 

entertain such a belief. The question was not, have 

you violated any law. That wasn't the question. The 

question was not, have you done certain things. But the 

question was whether he entertains a certain philosophy 

and certain beliefs.

MR. HOLLOWELL: It's the same thing.
MR. LEVERETT: No, it is not.
MR. HOLLOWELL: It's the same thing and it is 

dependent upon also, the very statement which the 
attorney made himself relating to the petition and the 

particular laws which are cited in the petition itself. 

It's the opening up of an area in which the Defendant 

would be called upon to incriminate himself, which is 

the reason I called upon the Court to instruct the 
witness as to what his rights are in the light of the 

statement made by counsel.



Hearing on Motion For Preliminary Injunction, No. 727. 25A

MR. LE7ERETT: May it please the Court, I think 
the abstract opinion of this witness on this question 

would not incriminate him under the Supreme Court 

decision in the Teamster case.

THE COURT: No, I don’t think an answer to 

that question would incriminate him in any way. If a 

question is asked which I think would incriminate him,
I will instruct the witness what his rights are but I 

don’t think that question Incriminates him, to ask him 

what his beliefs and his philosophy are. He’s not 

pleading guilty to any crime by answering that question 

and could not conceivably be any evidence of the com­

mission of one.
MR. HOLLOWELL: I would submit that this is true 

but in the light of the statement which counsel now 

makes, it appears that there would be no relevance to 

the issue for him to state what his Individual opinion 

is as relates to the breaking of any particular law.

THE COURT: Well, what he alleges here, what they 

allege in this suit Is that there is a movement, a joint 

movement, by a large number of people, of whom he Is 

one, to violate the law of this community; and his 

philosophy toward it, I conceive could have some bearing 
on the question which is before this Court, which is 

after all one for judgment in equity; what his philosophy 

is could have some bearing upon further evidence which 

may be developed in the case and for the moment - for the 
moment - I overrule the objection. Unless I feel that



Hearing On Motion For Preliminary Injunction, No. 727. 26A

it has been connected up in some way, and counsel says 

he intends to do that, later if I feel that it has not 

been connected up in some way, I will reverse my view 
and exclude it; but for the moment, I overrule the 

objection.

A The Witness: Would you read the question back 

please?

MR. HOLLOWELL: May it please the Court, I would 

submit that there would still be the need for some 

specification on a particular law, that there are many 
laws, and It might be a matter of riding 35 miles an hour 

in a 25-mile an hour zone, which is illegal; that's 

the law. And therefore, I submit that it would be neces­
sary for counsel to specify. If he’s talking about a 

segregation law as relates to some particular thing, then 

we speak about that, or if he’s talking about some other 
law; but this wide gap which he leaves is not suffi­

ciently brought down so as to enable the witness to 

give an intelligent answer. This is what we are getting 
at.

THE COURT: Mr. Reporter, would you read the 

question?

THE REPORTER: "As an individual, do you think 
that you have the right to violate the law simply 

because you think the law is unjust?"

THE COURT: I think that’s clear enough.
I overrule the objection.

A The Witness: No, I don't think that I have that
right.



Hearing on Motion For Preliminary Injunction, No. 727. 27 A

Q Mr. Leverett: Let me ask you this: Have you ever 

heard Dr. King make that statement or something substantially 

to that effect?

A No, I haven't.

Q What about Dr. Anderson, one of the Defendants in 
this case?

A No, I haven't.

Q Did you see him on television last night?

A No, they don't have television in Jail, sir.

MR. LEVERETT: That's all for this witness at this 
time.

(Counsel, Frank Reeves, rising to examine witness) . . .

THE COURT: Now, do you intend to examine this 

witness on direct at this time?
MR. REEVES; No sir, on cross.

THE COURT: Well, he's a party Defendant, isn't
he?

MR. REEVES: I understand that they called him 
as an adverse witness.

THE COURT: Well, I would suggest that you wait 
until the presentation of the Defendants' case.

MR. REEVES: We may not call him, Your Honor 

please, in connection with our case. Under Rule 43 

I think we have the right to examine him on cross 

examination following the examination on direct.

THE COURT: Well, I don't know that you have 
the right to examine him on cross, since he's a party



Hearing on Motion For Preliminary Injunction, No. 727. 28A

defendant; but, if you'll read the mile, let's see 

exactly what it does say.

MR. REEVES: I will read Rule 43(b) of the 

Rules of Civil Procedure: "A party may interrogate 

any unwilling or hostile witness by leading questions.

A party may call an adverse party or an officer, 

director, or managing agent of a public or private 

corporation or of a partnership or association which is 

an adverse party, and interrogate him by leading questions 

and contradict and impeach him in all respects as If he 

had been called by the adverse party, and the witness 

thus called may be contradicted and impeached by or on 

behalf of the adverse party also, and may be cross- 

examined by the adverse party only upon the subject 

matter of his examination In chief."

THE COURT: "Upon the subject matter of his 
examination". You may proceed.

CROSS EXAMINATION 
BY MR. FRANK REEVES:

Q Mr. King, you stated that you were an officer 

of the local branch of the NAACP?

A That's correct.

Q Have any of your activities in connection with the 
Albany Movement been in that capacity?

A Repeat that again,

Q Have any of your activities in connection with the 

Albany Movement been in your capacity as an officer of the 
local branch of the NAACP?



Hearing on Motion For Preliminary Injunction, No. 72 7. 29A

A No.

Q Have you received any Instructions from Mrs. Hurley 

or from any financial officer of the Association to act and 

participate in the activities of the Albany branch of the 

Albany movement as an officer of the NAACP?
A No.

Q As a matter of fact, on the contrary, isn’t it 

true that any activities in which you or any other member 

of the NAACP have participated In the Albany Movement has 
been as an individual?

A. That’s correct.

THE COURT; Anything further from this witness?
MR. KELLY; Give us just a minute, Your Honor

please.

RECROSS EXAMINATION
BY MR. LEVERETT:

Q I hand you a document marked PLAINTIFF’S EXHIBIT —

MR. HOLLOWELL; May we see what this document Is?
MR. LEVERETT; I held It up and got no response, 

(Document tendered to opposing counsel)

Q I hand you PLAINTIFFS' EXHIBIT #1 and ask you 
to take a look at It.

MR. HOLLOWELL: I didn't hear the question.

Q Mr. Leverett: I say, I hand you PLAINTIFFS’

EXHIBIT #1 and ask you to look at it, and ask you If you 
recognize It?

A (Witness reading document) . . . ) . . .

Q Does that appear to be the signature of Dr. W. G.
Anderson?



Hearing on Motion For Preliminary Injunction No. 727 30A

A It appears to be.

Q Does that appear to be the signature of M. S. Page?

MR. HOLLOWELL: May it please the Court, those 

are not original documents and I submit, as I see it 
here, this Is some mimeographed copy.

MR. LEVERETT: I believe a mimeographed copy 
comes within the rule.

MR. HOLLOWELL: You asked him does that appear to 

be the signature, the signature; and the instrument 

shows for itself that It Is a mimeograph and not 

original or an original duplicate copy.

MR. LEVERETT: May it please the Court, I think 

under the procedures of making mimeographed signatures, 
it would be the signature.

MR. HOLLOWELL: Not where there has been no expla­
nation as to where the original Is.

THE COURT: Well, the question was addressed 
to the witness and the witness has already testified 

that "Yes, that does appear to be". So, I think it is 

up to the witness and not counsel to decide that. The 

witness says that appears to be the signature.

Q Mr. Leverett: 1 hand you PLAINTIFFS' EXHIBIT 2 
and ask you to look at that?

A What? The whole thing or what?

Q Do you recognize that document?

MR. HOLLOWELL: I cannot hear the witness nor the
attorney.



Hearing on Motion For Preliminary Injunction, No. 727 31A

A The Witness: What did you want me to read?

Q Mr. Leverett; Just to familiarize yourself with 

generally what It is? Do you know what that document Is?

MR. HOLLOWELL: May It please the Court, the 
document speaks for Itself.

THE COURT: Well, he's asking him whether he 

knows what it is. H e !s not asking him what is in the 

document,* I would sustain an objection to that If it 

reaches that point, but the question Is, does he know 
what the document is.

Q Mr. Leverett: Do you recognize it?

A What do you mean when you say, do I recognize it?

Q This document says at the top, "The Student Voice,

Albany, Georgia". I ask you isn't this a publication that was 
published and distributed by the Albany Movement?

A Not officially.

Q. What do you mean by "not officially"?
A By a group of individuals.

Q. Who are those individuals?

A Most of them are students. I don't know them all.
Q Students?
A Yes.

Q Where does the money come from to pay for the cost 
of preparing and distributing this document?

A, Much of it was given to them.

MR. HOLLOWELL: May it please the Court -—



Hearing on Motion For Preliminary Injunction, No.727 32A

MR. LEVERETT: May it please the Court, this 

witness was about to answer and the attorney has no 

right to direct him and lead him as to what his answer 
should be.

MR. HOLLOWELL: May I suggest that this is a court 

where counsel has a right to state his objections before 

an answer is made; that’s the purpose of it. There has 

been no testimony by this witness that this was a 

document or a publication which was published by the 

particular organization that it has been said here that 

he represents; and that being the case, sir, there has 

been no testimony relating to any financing from this 

organization and, if it was from some other organiza­

tion, it would not be relevant. I submit, therefore, 

that there has been no sufficient foundation and that 
the question should be stricken.

THE COURT: Well, he testified that individuals 
distributed it and now the question is who financed it.

I think it’s a proper question, if he knows.

A The Witness: I assume it was free-will 

donations mostly,

MR. HOLLOWELL: Then, we ask that that be stricken, 

as it is merely an assumption.

THE COURT; Yes, we don’t wany any assumptions.

We want what is within the witness’ knowledge. If the 
witness knows where the money came from, he's under oath 

to testify about it, to that effect; if he doesn't know, 

we don't want him guessing. He says it x*ra.s distributed



Hearing on Motion For Preliminary Injunction, No. 727 33A

by individuals who are members of his organization and 

counsel is presuming that he knows something about it.

MR. HOLLOWELL: May it please the Court, I don’t 

recollect there being any testimony to the effect that 

it was published by members of his particular organization. 

I don't believe there was.

THE COURT: I understood his answer to that 

question to be that it was not distributed by the 

Albany Movement but by Individuals who were members of 

it.

MR. HOLLOWELL: I don't remember anything relating 

to the Albany Movement. There was no such testimony, 

to my knowledge.

THE COURT: I may be mistaken.

MR. HOLLOWELL: It was individual students.

THE COURT: Well, suppose we ask him again 

and let's get it clear.

A The Witness: I so stated that it was by individual 

students. I did not say anything about the Albany Movement. 
Most of them were students who went to Albany State College 

who did the printing of it each week.

Q Mr. Leverett: Where was this mimeographing done, 

do you know?

A Yes, 1 do. It was done In the Student Non-Violent 

Coordinating Committee office at 4l4, I believe it is, South 

Jackson.

Q The Student Non-Violent, what is that committee
again?



Hearing on Motion For Preliminary Injunction, No. 727 3̂ A

A. SNVC

Q And are any of the - give me the names of the 

particular people who prepared this, do you know?

A There was M s s  Ruthie Harris, M s s  Bernice Johnson, 

quite a few students. I wouldn't know them all by name.

Q Are they also members of the Albany Movement?

A Me have no formal membership. We consider most 

of the Negro community members of the Albany Movement.

Q. Are they members of the Negro community?

A They are Negroes. That’s the way you classify them,
I believe.

Q No, that’s the way you classify them: I asked you —  

MR. REEVES: He’s arguing with the witness, Your 
Honor please.

THE COURT: What was the objection?

MR. REEVES: He’s arguing with the witness.

MR. LEVERET!: The witness is arguing with me, if 
it please the Court.

THE COURT: Let’s keep everything cool, calm and 

collected now.
Q. Mr. Leverett: Do you know whether any of these 

documents were passed out at any meetings of the Albany 
Movement?

A They were passed out occasionally.

Q Where were they - excuse me, go ahead?

A Not every week but they were passed out occasionally. 
Q Where were the meetings of the Albany Movement

usually held?



Hearing on Motion For Preliminary Injunction, No. 727 35A

A They are held at black churches all over the City. 
Q At what kind of churches?

A At black churches all over the City.

MR. LEVERETT: Let’s see, I want to identify this. 

MR. HOLLOWELL: Is that the same one?

MR. LEVERETT: No, a different date.

MR. HOLLOWELL: A different date; it is not being 
tendered; you just want it identified?

MR. LEVERETT: No.

Q I hand you PLAINTIFFS' EXHIBIT 3 and ask you to 
look at that?

A Allright. (Witness reading document) . . .

Q Does that also appear to be another copy of The 
Student Voice?

A It appears to be.

Q The same document except a different date as 

PLAINTIFF'S EXHIBIT #2, that you just looked at?
A I assume so.

MR. HOLLOWELL: Is that PLAINTIFFS' EXHIBIT 2 for 
identification?

MR. LEVERETT: Beg pardon?

MR. HOLLOWELL: Which is Plaintiffs' Exhibit 2 for 
identification?

MR. LEVERETT: #2 is March 5 and #3 is February 19. 

MR. HOLLOWELL: I mean what we're getting at, Mr. 
Leverett, Is that they are not exhibits yet but they 
are simply marked for Identification.

MR. LEVERETT: That1s right, He's with you.



Hearing on Motion For Preliminary Injunction, No. 72? 36a

THE COURT: Anything further from this witness? 

. . . .  You may go down.

MR. REEVES; Just a moment —

MR. HOLLOWELL: On these two items here marked 

P-2 and P-3# you don’t know as a matter of fact, that 

these particular documents were distributed, do you?

A The Witness: No, I don’t.

MR. HOLLOWELL: Or that copies of them as such were 

distributed at any of the mass meetings, as a matter of 
fact, do you?

A The Witness: No, I doA’t.

RECROSS EXAMINATION
BY MR. LEVERETT:

Q But you do know that the document or a document 

entitled "The Student Voice" was published as you have 

stated and at various times was distributed at these meet­

ings though, do you not?

A Sometimes.

Q, Come down,
THE COURT: Allright, you may go down.

MR. LEVERETT: Call Mr. Laurie Pritchett.

MR. LAURIE PRITCHETT
witness called by Plaintiffs, being first 
duly sworn, testifed on

DIRECT EXAMINATION

BY MR. LEVERETT:
Q State your full name, please sir?

A Laurie Pritchett.



Hearing on Motion For Preliminary Injunction, No. 727 37A

Q Where do you live, Mr. Pritchett?

MR. HOLLOWELL: I am sorry, sir, and I apologize 

after you had gotten started, but I believe the Court 

had indicated that he was going to rule after he 

determined whether he tied that in. I didn't know 

whether he had reference to tying in during the process 

of examination of Mr. Slater King or at some time during 

the trial3 and if the Court had reference to at that time 
then I wanted to be sure that we raised our objection 

as of now rather than wait until later.

THE COURT: I interpreted counsel's statement to 

mean at some time during the course of the trial of 

Plaintiffs' presentation,

MR. HOLLOWELL: Then, we will address it to Your 
Honor later.

Q Mr. Leverett: What is your address, Mr. Pritchett?

A I live at 1922 Lake Ridge Drive in the City of 
Albany,

Q How long have you lived in the City of Albany?

A Since June of 1959.
Q What is your official position now, if any?
A Chief of Police of the City of Albany.

Q How long have you served in that position?

A Since June of 1959.
Q, Prior to that time what did you do?

A I was Chief of Police in the City of Newnan, Georgia. 

Q For how long?

A February of *56 until June of '59-



Hearing on Motion For Preliminary Injunction, No, 727 38A

Q, Prior to that time what did you do?
A I was employed by the City of Griffin in the 

capacity of police officer with the rank of Captain.

Q, How long have you been engaged in law enforcement 

work?
A For the last almost l4 years.

Q, Chief Pritchett, have you served as Chief of the 

Albany Police Department during the time that the Albany 

Movement began its or since Its formation in Albany?

A Yes, I have.

Q Do you know approximately when it first started, 

when it was formed in the City?

A I don’t know exactly when it was formed. The first 

1 knew of it was in October of last year, 19 6 1,

0 During the time that you have served as Chief, 

have you directed the activities of the Albany Police 

Department with reference to the activities of the Albany 

Movement?

A Yes, I have.

Q Are you familiar with the leaders and the members 

of the Albany Movement?

A Yes, I am.

Q Do you know who is the President of the Albany 

Movement?

A Dr. W. G. Anderson.

Q And who are the other officers of the Albany 

Movement?

A Slater King, is the Vice-President, Bo Jackson



Hearing on Motion For Preliminary Injunction, No.727 39A

is the treasurer, Marion Page, Secretary I think it is; 

and they have various other members of the Executive Com­
mittee, large numbers.

Q M. S. Page, is he a resident of Albany, Georgia?
A Yes, he is.

Q And Dr. ¥. G. Anderson, do you know whether or not 
he's a resident of Albany?

A He's a resident.

Q Now, do you know Charles Jones?
A Yes, I do.

Q, Where does he reside?

A His home, legal residence, is In Charlotte, N.C,

He makes his residence here while he's been here on Hopkins 
Street in the City of Albany.

Q What, if any, organization or association is he 
connected with?

A He Is a field representative of the Student 

Non-Violent Coordinating Committee,

Q, Do you know whether or not, is he their highest 

representative or chief representative in Albany or do they 
have other representatives above him?

A At times I think Charlie Jones Is the head one 
here. He has others here who Join him.

MR. HOLLQWELL: Now, we would ask that that

be stricken, inasmuch as the Chief says "I think”.

THE COURT: Yes, Chief, Just testify about what
you know.



Hearing on Motion For Preliminary Injunction, No. 727 40A

A The Witness: To the best of my knowledge, he 

is the head of the Student Non-Violent Coordinating Com­
mittee in Albany, Georgia.

Q Mr. Leverett: All right, sir, do you know Dr. 
Martin Luther King, Jr.?

A Yes sir, I do.

Q Has he been in Albany in the last - well, since 
the Albany Movement was formed?

A Off and on since the Albany Movement was formed.

Q Do you know how often he’s been here?

A Quite frequently.

Q What is his position with any particular organiza­
tion, to your knowledge?

A He is the President of the Southern Christian 
Leadership Conference.

Q Now, do you know Doctor or Reverend Ralph T. 
Abernathy?

A Yes, I do.

Q And what is his residence, do you know?

A His residence is In Atlanta, Georgia.

Q And I ask you whether or not he has been in Albany

frequently since the formation of the Albany Movement?
A Yes, he has.

Q Who is Rev. Wyatt T. Walker?

A He is associate of Dr. Martin Luther King in the 

Southern Christian Leadership Conference.

Q Do you know what his residence Is?

A Atlanta, to the best of my knowledge.



Hearing on Motion For Preliminary Injunction, No. 727

Q, Now, I ask you whether or not he has also been 

in Albany on occasions since the Albany Movement was formed? 

A Yes, he has.

Q Chief, during the time that the Albany Movement 

has been active in Albany, I ask you whether or not it has 

conducted mass marches, involving groups of people marching 

down the public streets of Albany?

A Yes, it has.

MR. HOLLOWELL: Now, If It please the Court, we 

object to that unless counsel indicates what he 

construes, not only to be a march, but also as to 

when, where and at what time.

MR. LEVERETT: We're going into that, may it 

please the Court.

THE COURT: I anticipated probably that counsel 

was simply laying the predicate for some more particular 

questions about dates and times and places; and unless 

he does, then I will strike the answer to this question.

0. Mr. Leverett: Chief, do you recall i*/hen the first 

such what you would consider major march or demonstration 

conducted by the Albany Movement, do you recall when that 
took place?

A It taken place on December 12, 1961, at approxi­
mately 10:00 A.M. in the morning.

Q All right sir, would you tell in your own words 
what happened on that occasion?

A On that occasion in December, at Mt. Zion and 

Shiloh Baptist Church, M.t. Zion Methodist Church, I think



Hearing on Motion For Preliminary Injunction, No. 727 ii2A

it is, located on Jefferson and Whitney, was the location 

of the mass meetings; and a group of 267 Negro people 

marched from these two churches, which is approximately 

6 or 8 blocks from the city hall, marched out of the church, 

marched east on Whitney to Jackson, north on Jackson to 

Pine, and east on Pine to the city hall, in large - in a 

group of 267 people.
Q Did speeches or any services precede this march 

at those two churches?

MR. HOLLOWELL: Now, may it please the Court,

I ask him not to lead the witness. This is his witness. 

He's not on cross-examination.

THE COURT: That’s right. I think the proper 

question would be, Mr. Leverett, what, if anything, 
did precede the march, without suggesting anything to 

him.

Q Mr. Leverett: All right, I will re-state the 

question:

A There was a meeting at these two churches and there 

was a large - this meeting went on for maybe two hours or 

better before this march originated and left there.

Q Do you know who was present of the Defendants 

in this case? Were any of the Defendants present?
A Yes.

Q Will you name them?

A Dr. Anderson, W. G. Anderson was there at this 

meeting; Marion Page was at this meeting and Slater King.

Q. All right sir, go ahead and tell what happened, Chief?



Hearing on Motion For Preliminary Injunction, No. 727 43A

A We knew when they come out, we had detectives 

down there who came with this march. It was accompanied by 

large groups of Negro citizens and they marched two-abreast, 

maybe less than a foot apart up the street, sidewalks, 

blocking the sidewalks completely, blocking the street as 

they crossed it where the string was so long and continuous 

that the cycle of the light, traffic light, would change 

and the march would continue.

They were stopped at the City Hall, questioned 

as to their - as to what their business was, as to whether 

or not they had a permit to have this demonstration or 

parade. They did not. They were asked to disperse and go 

about their normal ways of life, to clear the streets and 

cooperate with usj and they refused to do so, and they 

were arrested.

Q Do you know who was leading the march?

A I can’t recall who was leading the march at this 
time, no.

Q Were any of the Defendants present in court today 

participating in the march?

A These Defendants haxre participated in a lot of 

them, in more than one, and It’s hard to —  I don't think 

that any of these present now wex̂ e in the first march, no.

Q I believe you stated that two of the Defendants 

were present in the church?

A That is correct.

Q Do you know whether or not either of those 

Defendants made any addresses or speeches to the marchers



Hearing on Motion For Preliminary Injunction, No. 727 44A

in the church prior to the march?
A Only what was told to me, but not to my own 

knowledge.
Q Not to your own knowledge?

MR. HOLLOWELL: May it please the Court, we would 

have to move, on the basis of this, to strike that.

THE COURT: He so stated. He said he didn’t 

know of his own knowledge. He gave no answer. If he 

did give one, I sustain the objection to it and order 

It stricken but I do not recall him identifying anybody. 

He said "only what was told to me" and he didn’t call 

any names.
Q Mr. Leverett: Chief, do you recall whether or 

not any announcement was made In advance by the marchers 

of their intention to march?

A Made to me?
Q Either through the news media or to you?

A Not to my knowledge.
Q Now Chief, I ask you whether or not you were 

required to block off the streets in order to permit these 

people —

A After this march —
MR. HOLLOWELL: We object to this leading of 

the witness, Your Honor.
MR. LEVERETT: "Whether or not", may it please 

the Court, I believe has been held by the Georgia 

Supreme Court not to be leading.

MR. HOLLOWELL: I think that he should ask what 
he did, Your Honor; and this equivocation here, we



Hearing on Motion For Preliminary Injunction, No. 727 i»5A

submit, is improper on direct examination of his own 

witness.

THE COURT: Well, whether or not he blocked the 

street off. I think it’s just a simple question or 

whether he did or did not do a thing. I don't consider 

that - if it is leading, it is of such a nature that 

I'm going to allow it.

A The Witness: Yes, we did. In these marches of all 

of these masses of people —

Q, Mr. Leverett: This particular one I had reference 

to?

A In this march it necessitated the blocking off 

of streets; it necessitated the use of all of my personnel, 

numbering at that time 65; it necessitated bringing in 
all of this personnel to control the crowds which had 

gathered and to keep the peace and quite.

Q, On this particular occasion, which is December 

12, how many patrol cars did you have or mobile units, 

did you have on the scene to direct activities near the 
scene of the march?

A We had all of our personnel assigned to this 

march. We only had one patrol car to answer all calls 

in the City of Albany. Everything else we had was assigned 

to this demonstration.

Q Normally, under normal circumstances how many 

patrol cars and motorcycles would you have had assigned to 

other areas of the City, other than this particular area?

A Under normal conditions we would have had at 

least 8 cars and 5 motorcycles running at all times.



Hearing on Motion For Preliminary Injunction, No. 727 46A

Q And how many did you say you actually had on 

this occasion?

A One.

Q Do you recall whether or not you received any 

complaints of law violations in other parts of the City 

during this time?

A Yes, we did.

Q Were you able to attend to those complaints 

with the forces that you had, with the one car, in the 

other areas?

A No, we were not able to attend to this as 

sufficiently as we should have.

Q Nov;, Chief, did I understand you to say that 

these marchers marched across the intersections where the 

lights were and the lights changed and they observed the 

red lights and stopped?

A The march would continue on its way.

Q. Did they block traffic on a red light facing them?

A Definitely.

Q Chief, how many people started out on the march, 
do you know approximately?

A No, I don’t know approximately. They’ve had at those 

two churches at the time of the marches as high as 1500 to 

2000 people in both churches and around the immediate area, 

and. larger groups would leave but thin out before they got 

to town. The biggest group that we had consisted of 267 

people.

Q Before or by the time the groups arrived at the



Hearing on Motion For Preliminary Injunction, No. 727

City Hall, had any other marchers joined them?

A It’s possible that some could have joined them 

coming through the south part of town.

MR. HQLLOWELL: Nov;, may it please the Court,

"it is possible that some others may have joined them"

we submit that this would be a complete conclusion

of the rankest order and that it should be stricken.

THE COURT: Yes, I sustain that objection.

If the witness knows, he can so state.

A The Witness: Not to my knowledge, no.

Q. Mr. Leverett: Chief, did any of the marchers - 

let me ask you this: How did they behave themselves?

A They were singing different songs, freedom songs, 

during their marches.

Q. Did they make - were they making much noise?

A They were - you take 267 people singing, there's 

quite a bit of noise.

Q And what did they do when they got to the City 
Hall?

A They continued to sing.

Q Did they stand out there or did they continue to 
move or just what?

A No, once on failure to disperse and once they were 

Placed under arrest, they continued to sing marching into 

jail, while the booking and processing was going on.

Q Did you make any statement to them yourself?
A Yes, I did.

Q What did you say to them?



Hearing on Motion For Preliminary Injunction, No. 727 4 8 A

A I asked them their Intentions, I asked them if 

they had permission or written permission or any permission 

from the City Manager or from the City Commission. They 

told me that they did not; they said they were coming to 

the City Hall to pray and to demonstrate. They were told 

that they had no permit, that they were in violation of 

City ordinances, that they were congregating on the side­

walks, blocking the sidewalks, blocking the flow of traffic; 

and I asked them to disperse and go about their normal ways 

of life and no one would be arrested if they dispersed 

and went about their own ways. They refused and they were 

placed under arrest.

Q Were any threats made at that time, on this first 

occasion by anybody —  in the group?

MR. HOLLOWELL: May it please the Court, he began 

to tack on, I thought he was through; I would like to 

hear the question again before I offer my objection.

MR. LEVERETT: I asked were there any threats made 

by any members of the group at this time?
A

Q
A

Q
A

The Witness; By the members of the marchers?
Yes sir?

No threats were made.

Chief, was this at night or was this in the day? 

This was at 10 o ’clock in the morning.

Q 10 o ’clock in the morning?
A

Q
Yes.

I ask you whether or not on this occasion you 
were required to close any business establishments in the 
path of the march?



Hearing on Motion For Preliminary Injunction,No. 727 H9A

A Not on this occasion, no.

MR. HOLLOWELL: May it please the Court, here 

again, I submit that he’s leading the witness; and I 

submit further that counsel knows better. This is his 

witness.

MR. LEVERETT: May it please the Court, I state 

again I believe the rule is that a question preceded 

by whether or not is not a leading question.

THE COURT: Well, as I interpret it, as I 

interpret the situation, Hollowell, it is simply a 

means of expediting the examination of the witness; 

and I don’t think it’s so suggestive as to have to be 

objectionable in the circumstances. I'm going to 

alloxtf the question. As a matter of fact, he’s already 

answered the question that he did not do so on this 

occasion,

Q Mr. Leverett: Chief, the parties participating 

in this march, what was their race?

A Their race, they were Negro citizens here. I think 

in this first one it was a mixed - no, we had no white 

people involved In the first one, I ’m pretty sure. We've 

had so many marches it’s hard to tell. But in this first 

march of 267, they were Negro people of Albany and surround­
ing area.

Q Were there any, did any other people congregate as 
observers or ~~

A We had great numbers of white people who were 
onlookers and this was what created the problem of us -



Hearing on Motion For Preliminary Injunction, No. 727 50A

MR. REEVES: Objection, Your Honor. The answer 

is going beyond the question. The question was, were 

there people standing there and h e ’s now going into 

some opinion about something else, which Is not res­
ponsive to the question.

THE COURT: I wasn't following his answer too 

closely and I ’m not sure whether the objection is good 

or not. Mr. Reporter, will you read the question and 

the answer up to the point of the objection.

THE REPORTER: "Question: Were there any, did 

any other people congregate as observers, or —

Answer: We had great numbers of white people who 

were onlookers and this was what created the problem 
of us —  "

THE COURT: I think that's responsive to the 

question, were there other people congregating there."

MR. REEVES: Congregating, that part certainly; 

but it's where he's going from there, that I object to.

THE COURT: Well, of course, I don’t know 

where he's going, but so far his answer is responsive,
I think, to the question,

A The Witness: And during these demonstrations 
there were great numbers of white people —

MR. HOLLOWELL: May It please the Court, which 

demonstration. He says "these demonstrations". W e 1 re 
talking about a particular situation.

THE COURT: All right, identify the demonstra­
tion that you refer to.



Hearing on Motion For Preliminary Injunction, No. 727 5IA

A The Witness: This is on December 12. I thought 

that was the only one we were speaking of.

MR. IIOLLOWELLs Then, it couldnft have been "these".

THE COURT: As I understand it now, the

testimony relates to December 12?

A The Witness: Yes, sir. On December 12 during 

this demonstration, there was large numbers of white people 

and large numbers of Negro people both gathered observing,* 

large groups, which necessitated the use of all of our men 

and our personnel, of not only my department but the 

Department of the Sheriff and the County Police under my 

direction, to see that nothing happened, that peace and 

order was preserved during these marches. At one time during 

this march, this one march, the only thing that separated 

large numbers of people, Negro people and white people, 

was Oglethorpe Avenue, where approximately a thousand was 
on one side and approximately a thousand or better on the 
other side.

Q On this occasion?

A That's correct.

Q All right, was anything said by either of the 
groups that congregated there?

A There was harrassment hollered at the police 
officers and —

Q By whom?

A By the Negro people gathered around the Trailway 

Bus Station on the corner of Oglethorpe and Jackson Avenue.

Q. What did they say, do you remember some of the 
things they said?



Hearing on Motion For Preliminary Injunction,, No. 727 52A

A There was such things as "Send down Big Red tois'1, 

who is a police officer,, referring to officer Grady Wills; 

and. other things that I can’t remember, other phrases, other 

statements.

Q In what tone of voice was these statements made?

A They were in loud voices.

Q, Were they threatening, were they made in a threaten­

ing manner or were they made in a quiet tone?

MR. HOLLOWELL: Now, may it please the Court, he 

asked him what was the tone of voice but now h e ’s 

attempting to lead the witness again, instead of asking 

him what was the tone of voice or how was it said.

THE COURT: Yes, I think so. Ask him in that 

manne r, Mr. Le ve re 11.

Q Mr. Leverett: Chief, do you know whether or not 

any threats were made by either side at this time?

A The only threats or intimidations were Insults 

to the police officers from one side of the street to the 
other side, which were loud boisterous tone.

Q Chief, what, if anything, did you do as a result 
of this situation that developed as you’ve described it?

A These crowds were dispersed by members of the 

Albany Police Department and by law enforcement officers 

under my direction. All of it was dispersed and put back 

to normal conditions after the arrests were made.

Q Was the situation changing as time went on or 

was it getting any better or1 any x^orse?



Hearing on Motion For Preliminary Injunction, No. 727 53A

A During this demonstration, this one march that 

we had that w e ’re speaking of here, it taken about an hour, 

or I would say an hour and a half to disperse and get things 

back to normal on the streets, get the traffic flowing 

normally and opening the streets back up on this particular 
march.

Q Chief, was the - I withdraw that - All right, Chief, 

what was the next, or first let me ask you this: Were there 

any other similar marches conducted after that time?
A Yes, there were.

Q When was the next one that you recall?

A The next one was on December 13, 1961 at approxi- 
mately 6:50 P.M.

Q All right sir, now where did it start?

A It originated in the same location, Mt. Zion and 
Shiloh churches.

Q Who Mere down there at that time?

A Now, to answer that question, I couldn’t —  the 

only thing I know Is what xvas told to me, and I can’t say 
exactly who was down there.

Q All right sir, now go ahead and tell in your own 
words what happened.

A Basically the same thing that happened on the 

first one, only they were not - they were met closer to the 

Harlem or the colored section of town; and after they left 

hese two churches. And they were stopped at the intersection 

°f> Broad and Jackson and inquired as to the same method, as 

G0 wilê her or not they had a permit. They were told that they



Hearing on Motion For Preliminary Injunction, No. 72 7 54A

were in violation of City ordinances; told that they were 

in violation of the ordinances pertaining to blocking the 

sidewalks and blocking traffic and creating a general 

disturbance in the uptown area of the City of Albany, and 

were asked to disperse and go about their normal ways. Upon 

being refused to disperse, they were all arrested.

Q Were any of the Defendants in .this group at this 
time?

A. Not to my knowledge, not in this one.

Q Do you recall how many people were involved in 
this march, Chief?

A It was in excess of, it was more than 100, in 

excess of 100. It was probably 150 or 175, I'm not exactly 

sure, I can't say, but It was between 100 and 200.

Q Were there any other people who congregated on the 
scene along the path of the march?

A Great numbers of both races, white and Negro 
gathered as they did in the other.

Q Do you know how many people were Involved in 

the congregation on the side there?

A I would say maybe - I would say 2,000 or better 
of both races.

Q All right sir; now, what was the nature of the 
conduct of the crowd at that time?

A It was, in this second one the tension had gained 

somewhat and it still necessitated the use of all of my 

forces, along with other forces supplementing me and there 
were still remarks issued at my officers.



Hearing on Motion For Preliminary Injuretion, No. 7 2 7 55A

Q What sort of remarks?

A Insulting remarks, remarks of different nature.

I can't recall these remarks. They were insults. My officers 
have been insulted on many occasions.

Q What area of town did the colored people come from 

that were on the side, that you say were engaging in this?

A Large numbers were assembled or gathered at the 

intersection of Jackson Street and Oglethorpe Avenue, which 

is located in the south part of town, in the vicinity of the 

Trailways Bus Station, large numbers on the south side of 
Oglethorpe.

Q In which direction did they come from to arrive 
there?

A They came from the south section of Harlem.

Q Do you know whether or not any of them had been 

down at the church just before the march started?

A I would say that some had been at the church.
Q Do you know?

A I knuw that some were at the church, yes.

Q Nov;, what, if anything, did you do when the 
marchers came up the street?

A They were placed under arrest for the charges 
that I have mentioned previously. Then, the crowds were 

kept moving, the people were kept moving, to cooperate with 

the enforcement officers. And at that time, at that time of 

night, It's a busy time; it's the time of people coming from 

work ard going from work from one side of town to the other. 

There were a great number of ca.rs that necessitated probably



Hearing on Motion For Preliminary Injunction* No. 727 56a

2 to 2i or 3 hours to get the normal flow of traffic and 

the normal business back to normal conditions in the City 

of Albany.

Q Chief* what about this group* did they abide by 
traffic signals?

A At the beginning when the first ones went across* 

they went across on a green light but the lines were so long 

that the interchange of the lights* they did not stop* they 
continued their march.

Q Chief* were the streets blocked off?
A Yes* they were.

Q On whose order?

A Upon my order.

Q Will you tell the Court why?

A The streets were blocked because we wanted to keep 

people out of the area for the protection of these people 

and other people because of the congestion and the situation 

which we had in the City of Albany at that time. It was

winter time; it was dark or beginning to get dark at this

hour* and it necessitated the closing off of the uptown 

area* so we could handle and afford these people the protec­

tion which we had to and to afford the protection of the 

onlookers* to see that they were kept moving. And this is the 
reason we blocked off the uptown area.

Q How far did the crowd of people that were on the 
side* now far up the street did they extend, up Jackson 
Street* I believe it is?



Hearing on Motion For Preliminary Injunction* No. 727 57A

A Well* at one time there I would say from Oglethorpe 

Avenue to Pine Street or to the north end* to the north side 

of Pine* that the crowds were not stopped but moving upon 

the direction of the officers. But it was a complete mass of 

people that were trying to go about their normal way of 
life.

Q Did you block the street off just to vehicular 
traffic or to pedestrian traffic too?

A We blocked it off for everything to facilitate 

the moving of these marchers into the City Hall.

Q Did you give the marchers and the people on 

both sides of the street* did you or your officers give 

them any directions as to what to do?
A Yes* we did.

Q What directions did you give them?

A The marchers were given the opportunity to 

disperse and go about their way. They refused to. They 

were placed under arrest and all of the onlookers and 

people who had gathered in large numbers were given the 

orders to disperse and move about their business* to keep 

moving; and these citizens of both races* Negro and white* 

anowered the command of the officers by doing so.

Q Was that before or after the arrests were made?
A It was before and after.

Q Chief* on any occasions when you arrested any of 

these marchers* did you ever find any weapons on any of them?

A The first march that we had* after -—

Nov/* which date* let's get the date?



Hearing on Motion For Preliminary Injunction, No. 727 58A

A This was on the 12th. After the first march we 

put them into this alley right adjacent to the City Hall. 

After we had booked them, there were large numbers of 

knives picked up in the area which were dropped there by 
these people.

Q Do you know whether or not those knives were there 
before these marchers came in?

A No, they wasn't. We had cleared the alley com­

pletely of anything, so we would have room to facilitate 
the booking of these prisoners.

Q Chief, how many mobile units did you have on the 

job In the area where the demonstrations had taken place on 
this occasion?

A We had, the motorcycles were riding, but they —
THE COURT: Which date?

A The Witness: On the second occasion. We had 

motorcycles, one motorcycle riding the downtown area to help 
the people, help the traffic afterwards; but during the 

marches we still only had one vehicle, which was subject to 
call and to answer all the calls that the Albany Police 
Department normally does receive.

Q Nov/, under normal circumstances how many mobile 
units would you have?

A We would have 13 to 14 units at all times.

Q During this occasion were any complaints received 
from other parts of the city?

A Yes, there were.

Q And you able to handle them all right?



Hearing on Motion For Preliminary Injunction, No. 727 59A

A Not as efficiently as we would have.

Q Now Chief, you stated a while ago that you had to 

block off the streets, was this at night time? Were any of 

the business establishments closed in that area?

A On the last march, which was December 17, it was 

on a —

Q Before we get to that, about this 13th, this 
December I3th?

A There were no businesses closed on that march.

Q Chief, would you describe the situation that 

developed on the 13th as a result of the march and the 

gathering of groups of people on the streets there?

A It was a tense situation. It was a tense climate 
which existed during these marches. It Interrupted the 

normal activities of the City of Albany and its people, 

and it was a tense climate which prevailed at that time 
and it taken all of the facilities of all of the law 

enforcement located in Albany and Dougherty County to 
see that nothing happened.

Q Based on your experience as a law enforcement 

officer and your appraisal of that situation, will you 

state whether or not the situation of mob violence was 
about to erupt?

MR. HOLLOWELL: If it please the Court, there has 
been no statement or foundation that would justify 

any such conclusion as that being given, nor has there 

been any testimony that he is an expert on violence, 

mob violence, that he’s a psychologist or can read the



Hearing on Motion For Preliminary Injunction No. 727 60A

minds of people or a phrenologist and can read the 

heads and faces of people; and I submit that it would 

be completely a conclusion.

MR. LEVERETT: He’s a law enforcement officer, 

may it please the Court, and he was on the scene, and 

I think this qualifies him as an expert.

MR. HOLLOWELL: It would be completely speculative.

THE COURT: Well, he testified initially that 

he's been a law enforcement officer for a number of 

years and occupied various ranks in doing police work, 

a man of extensive experience. I think he’s qualified to 

give an opinion as to what the dangers Inherent in a 

situation are from a policeman's viewpoint.

MR. HOLLOWELL: May it please the Court, we have 

policemen who do nothing but stay in the office and 

we have policemen who are administrative law men; and 

we have had no testimony to the effect that this 

particular policeman or police officer has at any time 

had any occasion in which he was Involved in any such 

matter, upon which he could base a conclusion. That 

would be speculative as he is being asked here to 
relate.

THE COURT: Well, don’t you think that all the 

experience that he’s had here In Albans? in the last 
8 or 10 months would support an opinion?

MR. HOLLOWELL: At that time, there is no testimony 
that even as of that time there had been any.

THE COURT: Well, h e ’s asking him the question



Hearing on Motion For Preliminary Injunction* No. 727 SIR

now about what his opinion is* whether at that time 

there was such a situation.

MR. HQLLOWELL: There is none even that is in the 

testimony now** there !s none in the record.

MR. LEVERETT: May it please the Court* I think a 

man that’s been a law enforcement officer this long* 

been chief of police and wrh o ’s testified that he's been 

in on these two situations* I think that his qualifica­
tions as an expert duly qualify him.

MR. HOLLOWELL: He has been Chief of Police in 

this City for three years* three years. He was Chief 

of Police of Newman* Georgia* for a period of three 

years. And certainly that does not qualify one to draw 

these kind of conclusions, unless there is some founda­
tion.

THE COURT: Well* at Griffin* Georgia* too* I 

believe. I think a man with his experience —  it would 

be different If the man was new in police work; but I 

think a man who’s had the years of experience that 

Cnief Pritchett has had is qualified to have an opinion 

and to testify concerning it* as to what in his judgment 

ln bis view as a police officer* based upon his exper­

ience* what the potential was in a situation.

MR. HOLLOWELL: I submit* Your Honor ■—

IHE COURT: But* of course* that is only his 
opinion and It does not exclude the possibility of 

somebody else testifying to the contrary as to their 
opinion, it is simply opinion evidence.



Hearing on Motion For Preliminary Injunction, No. 727 62A

MR. HOLLOWELL: I submit that but since what we 

are complaining of Is that the opinion evidence would 

not be relevant here and would be a conclusion, it, 

therefore, should be stricken. I say there would have 

to be a sufficient basis or background laid or founda­

tion laid to permit him to testify as an expert police 

officer. I mean, one might be a police officer for 50 

years and It still would not qualify him to make the 

kind of determination that h e ’s being called upon to 

make. There has been no foundation laid.

MR. LEVERETT; I can clarify that, may It please 

the Court with another question or two.

Q Chief Pritchett, have you in your police work 

in Albany and other cities, have you had occasion to 

deal with large groups of people?
A Yes, I have.

Q Would any of that experience extend to situations 

involving tense situations where large groups of people are 

congregated and the problem arises of preserving the public 
peace?

A Yes, It would.

Q Where was that, please sir?
A In Griffin.

Q What type of experience did you have in Griffin?

A In the handling of labor situations, labor disputes.
Q Labor disputes?

A Yes, and other, telephone situations, labor disputes; 
large groups of people at different other occasions where



Hearing on Motion For Preliminary Injunction, No. 727 63A

disorder erupted, on numerous occasions.

MR. LEVERETT: Now, read the question back that 
was objected to:

THE REPORTER: (Reading): "Based on your experience 

as a law enforcement officer and your appraisal of that 

situation, will you state whether or not the situation 
of mob violence was about to erupt?"

MR. HOLLOWELL: And we would renew our objection 

on every ground that we have made because this certainly 
does not qualify him.

THE COURT: I overrule the objection.

Q Mr. Leverett: Go ahead and answer the question.

A In my opinion, it was a tense situation, where 

disorder could have erupted at any time, at any given place 

by any group. If any little incident had happened, there 

would, In my opinion, have been serious disorder in the City 
of Albany.

Q Now, on this occasion, Chief, had you given any 
directions to the participants Involved?

A Yes, we had given them directions to go about their 

business, after they were informed that they were in violation 

°f city ordinances, they were given the opportunity to 

disperse and go about their regular ways, and refused to do 
So and consequently were placed under arrest.

Q Now, Chief, are there any other occasions of 
ornParable magnitude that you recall?

A On December 17 at 6 o ’clock or 5 minutes after
(5 J 00 *1 yj ■f-l-* «He evening, which was the last march in December,



Hearing on Motion For Preliminary Injunction, No. 727 64a

'6l; in which Dr. Martin Luther King and Dr. Ralph Abernathy 

and Dr. W. G. Anderson led. This was a situation of large 

magnitude, more so than others, because the people, the 

normal routine, the lives of the normal citizens of Albany 

had been aroused to such an extent that they were now coming 

not only from the City here but from the surrounding areas 

to look at this and anticipating these demonstrations and 

waiting for these demonstrations to happen. And that night 

we did close all alcoholic beverages, places who deal In 
these.

Q In what areas of the City?

A In all areas of the City.

Q. In all, the entire city as a whole?

A Yes, and the military personnel was restricted 

to bases, both the Air Force and the Marines.

Q Was there a march on this occasion, Chief?

A Yes, there was a march.

Q Where did it begin?

A It began at Shiloh and Mt. Zion.

Q Do you know who was leading the march at this time?

A As I stated before, Dr. Martin Luther King, Dr.

^ G, Anderson, Dr. Ralph Abernathy and Mrs. W, G» Anderson, 
Anderson's wife.

Q How many people were Involved in the march?

A I think it numbered 266, If I'm not mistaken; 

might glve a little or take a little.
Q Did you say that it started at the two churches?

 ̂ The same place it originated from as the others.



Hearing on Motion For Preliminary Injunction* No. 727 65A

Q The same route or did they follow a different 

route?
A The same route.

Q And started about 6:05?

A That's correct.

Q Were there any other people that congregated as a 

result of this march?

A Yes* this necessitated the blocking off of the 

entire area from Oglethorpe Avenue to Pine* and from 

Washington to Jefferson* in order that - we felt that if 

these great numbers of people came into the City on the 

sidewalks* we felt that disorder would be there* that the 

tensions were such at this time and had mounted on such - 

on both sides* on the Negro and white* that we did not allow 

them to come in. We met them at the intersection of Ogle­

thorpe and Jackson. They were on the west side of Jackson St. 

headed north. The sidewalks were completely blocked by this 

congregation. They were stopped and asked to disperse and go 

about their normal ways and refused to do so.

Q Chief* did you receive any prior notice on this 

occasion that this march was going to take place before it 
actually began?

A Yes, we did.

Q Who did you receive it from?

A We received it from the personnel of the Albany 
Police Department* who were on the scene* sitting outside 

the church and observing and seeing that nothing happened 

at ohis assembly* seeing that this information was received 

ty them by their own knowledge and relayed to us by radio.



Hearing on Motion For Preliminary Injunction, No. 727 66a

Q Do you know whether or not any public announcement 

had been made prior to the beginning of the march by anybody?

A Yes, the Albany Movement had announced for them 

to gather at this time and to wear their - I think this 

announcement was made by Dr. W. G. Anderson, who advised 

them to "eat a good meal, wear warm clothes and wear your 

walking shoes."

Q Now, where did you say you met this group?

A At the intersection of Jackson and Oglethorpe on 
the south side of town.

Q And what directions - first, let me ask you this:

Did any of the Defendants in this case that you stated were 

leading the group, were they giving any directions to the 
group or not?

A They were leading the group. They were in front of 
them, bringing them up the street.

Q Now, what happened after you confronted them at 

the intersection that you've just mentioned?

A They stated to me, Dr, Martin Luther King, that 

they wanted to go to the Gity Hall to pray. He was advised 

of his violations of the City ordinances, given them by name 

and by charge, and told on three different occasions to 

disperse and go about their way. Upon refusal on the third 
klme, they were placed under arrest and instructed if the 

ne continued, they would all be placed under arrest,* and 
at this time they continued on their way.

Q All right sir, now what was the attitude or 
activity of the surrounding crowd at this time?



Hearing on Motion For Preliminary Injunction, No. 72? 67A

A It was very riotousj a lot of talk from both 

sides, which necessitated at that time the State Patrol 

had been alerted and was then under my command, the officers 

which had been sent here, we had approximately 140 or -50 

officers at that time; and it necessitated the use of all 

we had, to see that the streets were kept open, that we 

used this Oglethorpe Avenue with the influx of traffic, the 

heavy flow of traffic, to separate one side of the street 

from the other. And it was probably 3 to 4 hours before the 

City of Albany returned to its normal pace after this march 

on the 17th.

Q On this occasion, Chief, did you inquire of the 

Defendants whether they had a parade permit?

A Yes sir, I did.

Q And what did they state?

A They stated they did not.

Q. When you asked them to disperse, what did they 
state?

A They didn't say anything.

Q Who did you address your remarks to?

A Dr. Martin Luther King.

Q Was he at the head of the group or not?
A He was.

Q. How were the marchers going? Were they 1, 2 or 

3-abreast or just single file?

A They were 2-abreast and sometimes 3-abreast. It's 
according to - after they began to move out, there was a 

l°t of excitement there, a lot of singing and hollering



Hearing on Motion For Preliminary Injunction, No. 72? 68a

and carrying on; which necessitated the use of placing 

them in the middle of the street surrounded by officers of 

my department, officers of the County and Sheriff’s office 

and the use of the State Patrol.

q How many of your mobile units did you have on the 

job down policing this particular demonstration?

A At the particular time of arrest, we had none.

After the arrests were made and the people began to move, 

there was one car that was put back in service.

Q You didn't understand my question: How many mobile 

units did you have down on the scene of the demonstration?

A We had everything we had down on the scene.

Q Did you have any cars or any mobileunits in other 

parts of the City?

A No, we didn’t.
Q Do you know whether or not you had any complaints 

from other areas of the City?

A Yes, we did.
Q Were you able to investigate those?

A Not until approximately an hour later.

Q All right sir. Now, Chief, I don’t know, did you 

say that you did or did not block off the streets yourself 

on this occasion?

A Yes, we blocked off the streets.
Q What about the traffic signals, did the group 

abide by the traffic signals at this time?

A After they were placed under arrest, we stopped 

the flow of traffic to move them; but prior to that, at 

the intersection of Highland and Jackson, they had waited



Hearing on Motion For Preliminary Injunction, No. 727 69A

on the light, my detectives were in this march along 

accompanying Dr. King as observers, to see that nothing 

happened on the way up; and they went across the light on 

a green light but a large number at Highland and Jackson 

necessitated the changing of the signals through the cycle.

Q Now, during all of this time what was the - first, 

let me ask you this: Mere there both white and colored 

spectators and people on the sides at this time?

A Great numbers.

Q What were they doing, Chief?
A They were looking. The officers there, we had 

uniform officers and we had Revenue Agents from the State 

in civilian clothes with their badges showing mingling in 

the crowd to keep them moving, to see that nothing happened 

to try to keep the people in cooperation with us moving 

and dispersing; and this was our intentions in what we were 

attempting to do.
Q Now, what time of night - it started at 6:05 - 

what time was it that you confronted the marchers and 

stopped them?

A That was the time of arrest.
Q The time of arrest; 6:05 was the time of arrest?

A Yes.
Q On that occasion, Chief, were you required to close 

any businesses in the area?
A That Saturday night we had closed all business 

establishments which dealt in alcoholic beverages.



Hearing on Motion For Preliminary Injunction, No. 727 70A

Q Will you state to the Court why you felt like you 
should close them?

A We were In a tense situation, which I felt at any 

time could erupt into open violence in the City of Albany.

THE COURT: Was it dark at that time, Chief?

The Witness: Yes, sir, it ivas beginning to get 
dark and It was a cloudy day.

THE COURT: 6:05, what was the date again?

The Witness: The 17th of December. It was a 

cloudy day and I t  was beginning to - before these people 
were booked and transported to other places, it was 
8:00 or 9 o ’clock at night.

Q Mr-. Leverett: Chief, let me ask you this: Did 
the marchers follow the same route on all three of the 
occasions?

A On all three, on all occasions they followed the 
same route.

Q What is the nature of the area in which these 
streets are located that the marchers followed?

A In the south part it Is almost predominantly 

colored business establishments. As it crosses Oglethorpe 

Avenue headed north on Pine, it is business, all business
e s ta b lish m e n ts .

^ Is this in one of the main business parts of town 
°r is it residential area or what Is It?

It's the main business part of town.

What is the main street in Albany, in the business



Hearing on Motion For Preliminary Injunction, No. 727 7iA

section?

A Jackson is one of the main streets.

Q One of the main streets?

A Yes.

Q And what about the normal traffic load on this —

A There was no normal traffic on this street. It 

was completely blocked off, as was Broad Avenue, which is 
the main business area.

Q Normally, Is this an area of heavy traffic 
congestion?

A Yes.

Q Now, did the people, any of the spectators, 
were any remarks made by any of them?

A Remarks made on both sides, yes.

Q By both sides, you mean both colored and white?
A Both negro and white.

Q What type of remarks were made?

A Harrassing and Intimidating remarks.

Q Do you remember exactly what some of them said?

A I don't remember the exact words, no.

Q All right, sir, now any other occasions of comparable 
magnitude, Chief, that you recall?

A Comparable to the last march in December?

THE COURT: Chief, before you go any further:
Is there another march in December?
A The Witness: No sir.

THE COURT: Is that the last march in December?
A The Witness: Yes sir.



Hearing on Motion For Preliminary Injunction, No. 727 72A

THE COURT: Before we go any further then, 

this will be an appropriate time for us to take a 

recess until tomorrow morning at 9:30.

5:17 P.M. JULY 30, 1962: Hearing RECESSED 

9:30 A.M. JULY 31, 1962: Hearing RESUMED

THE COURT: All right, Mr.Leverett, I 

believe you had Chief Pritchett on the stand yesterday 
when we recessed.

MR. LEVERETT: Yes, sir. May It please the 

Court, subsequent to the hearing yesterday, Chief 

Pritchett advised me that there were some other 

witnesses that we would like to call. So, I would like 
to call them at this time, so that they may be put 
under the rule.

THE COURT: All right, you may call their names.

MR. C. B. KING: If Your Honor pleases, antecedent 

to that, I respectfully request that counsel be given 

an opportunity to Introduce Mr. Rachlin, who is chief 

counsel for CORE, a member of the New York Bar. I would 

like to Introduce him to the Court and request that he 
be admitted for purposes of this hearing.

THE COURT: Glad to have you with us.

THE REPORTER: May I ask counsel's full name and
address?

MR. RACHLIN: Carl Rachlin, 280 Broadway, New York 
7* N.Y.



Hearing on Motion For Preliminary Injunction, No. 727 73 A

MR. LEVERETT: May it please the Court, we call:
A1 Morris

Assistant Chief J, J. Lairsey

Mr. R. V. Hammontree

R. A* Janelie

George Johnson

Charles Stanfield

Lt. B, L. Manley

Capt. J. E. Friend

Capt. Melvin R. Clegg

W. E. Sweeting

R. G. vails

Patrolman R. E. Summerford

That’s all we have at this time. We may have some 
more.

THE CLERK: ’Will all of the witnesses who are 
standing raise your right hand and be sworn? (Witnesses 
as called above sworn and sequestered) . . .

MR. LEVERETT: May it please the Court, with 

the Court's permission, we would like to excuse some 

of these police officer witnesses, so that they can go 

back to their duties, subject to call at such time as 
we might need them.

MR. RAWLS: If che Court pleases, in view of 
the fact that Mayor Kelley is also a member of the Bar 

°f this Court and is more intimately acquainted with 

the facts which we desire to develop in Chief Prit­

chett's testimony, we ask permission that Mr. Kelley



Hearing on Motion For Preliminary Injunction, No. 727 jtj\

be given the opportunity of examining him.
THE COURT: Allright.

MR, HOLLOWELL: If it please the Court, I think 

this would be most out of the ordinary, unless It is 

to be understood that any one or all of counsel for 

the Defendants in this case will be authorized to 

examine any witness that might be called. It Is most 

irregular for more than one counsel to be in a position 

to interrogate any one witness. Now, if we're going to 

suspena the general rules and let this be applicable, 

then I would certainly submit; but otherwise, I would 
certainly have to object to it.

MR. COOK: May it please the Court, I can 

assist the Court in this regard by moving the Court 

that Mr. Asa Kelley be made counsel of record - made 

counsel of record for the purpose of this examination.

MR. HOLLOWELL: We have no objection and would 
now care whether he was counsel of record or otherwise 
but I think my objection would still obtain.

MR. LEVERETT: May It please the Court, we have 
no objection to more than one counsel examining and 

cross-examining this witness, party Plaintiff, so long 
as it is not abused in an effort to wear him down. We 

srtainly don't think that would be proper, but just 
tha fact that more than one of them would like to ask 
im questions, we have no objections to.

MR. HOLLOWELL: I would presume that this would 
to any witness during the trial?



Hearing on Motion For Preliminary Injunction, No. 727 75A

THE COURT: Yes, suppose we just have this 

understanding: You see, Mr. Kelley is a member of the 
Bar?

MR. HOLLQWELL; I understand that, sir.

THE COURT: H e ’s qualified to practice in 

this Court, there’s no question concerning that. And 

if Plaintiffs want Mr. Kelley to examine this witness 

or any other witnesses, he will be allowed to do so, 

just as any one of counsel for the Defendants in this 

case will be allowed to examine or cross-examine any 

witness in the case. The only thing that I want to 

avoid, and which we will avoid, is If that privilege - 

or if the Court gets the impression that that privi­

lege - is in any way being abused, why, of course, we 

will modify the procedure. Of course, as we all know, 

it will be conducive to better order and orderly pro­

cedure if only one counsel at a time representing the 

Defendants or the Plaintiffs attempt to participate in 

the actual conduct of the trial. In the examination of 

the witnesses, or In making objections, or in any other 

way. But there again, it is not my attitude to apply 
that rule with any great degree of strictness. All we 

want is simply an orderly procedure, and by Mr. Kelley 

being allowed to examine this witness, I see no varia­
tion in that rule.

MR. HOLLOWELL: We appreciate that clarification.

KELLEY: Thank you, Your Honor.



Hearing on Motion For Preliminary Injunction, No. 727 76a

DIRECT EXAMINATION

BY MR. KELLEY;

Q Are you the Chief of Police of the City of Albany?

A I am.

Q As such, what is your responsibility to the City?

A My responsibility to the City is to see that all 

City ordinances, all state laws or any laws which are broken 

in the City limits, are enforced and to afford equal protec­

tion to the citizens of Albany of both races, white or Negro, 

and to see that every one has equal protection and equal 
protection under the color of the law.

Q Is it a part of your responsibility to maintain 
the peace?

A It is.

Q Is that the obligation you have assumed in this 
community?

A It's the oath that 1 ‘ve undertaken when they 
appointed me Chief Of Police.

Q When Reverend Dr. Martin Luther King came to 
Albany, did you know of the fact that he was coming?

A Yes, I did.

Q What action, if any, did you take when you 
■‘•earned of his arrival within the County?

A Upon my learning that he was arriving in Albany,

^gia, there was a detail of two detectives assigned to

Martin Luther King and to Dr.Ralph Abernathy for their 
otection. They were assigned to them permanently while he

in Albany, Georgia, to see that his travels here from



Hearing on Motion For Preliminary Injunction, No. 727 77A

place to place, that he was protected and unharmed in his 

business here.
Q Why did you feel it necessary to assign two 

detectives?

A We had Information and from talking to sources of 

people and our sources of information -~

MR. HQLLOWELL: May it please the Court, we 

are going to object to that line of testimony on the 

part of the Chief, "we had information", which Is purely 

hearsay and would be Improper.

MR, KELLEY: Your Honor please —

MR, HOLLOWELL: Just a moment, sir. And this 

would be completely an opinion and a conclusion on the 

part of the Chief, not based upon any foundation which 
has been laid.

THE COURT: Well, he's offering this in

explanation of why he took certain action. He's not 

offering It, he's not testifying as to the accuracy of 

his information which he recived. He's simply explain­

ing why he assigned the protection which he did, and 
I will allow the testimony.

Q Mr. Kelley: Will you answer the question,
P le a s e ?

A We knew that by the attention - we had had 

demonstrations and marches here before he arrived; I knew 

^  tension among the white and colored citizens of 
i-any and surrounding areas was such that the tension was 

great pitch here in December, and that his mere presence



Hearing on Motion For Preliminary Injunction, No. 727 78a

here tended to -
1®. C. B. KING: If Your Honor please, I would 

object to the Chief's use of the word "tension".

I think that there must necessarily be shown condi­

tions or statements of facts which would sustain this 

as a conclusion. I think the use of "tension" here 

is a conclusion, and to that extent is objectionable.

THE COURT; I overrule the objection.

A The Witness: We knew that the tension and

the climate here amongst both Negro and the White was such 

that his mere presence here stimulated the following of the 

Negro community; he was their national image, their leader; 

and for this reason we felt that anything that happened to 

him while his stay was here, that it would have an adverse 

effect on the Negro citizens and cause them to come up in 

arms, and the peace and the quiet of this City would have 

been broken, and we would possibly, there’s no doubt in my 
®ind, have gone into mob violence.

Q. Now Chief Pritchett, when was it that the 
Reverend. Dr. King came to Albany, do you recall?

1 The first march was on December 12th and I 
hink it was either Tuesday or Wednesday upon his arrival

^0 3?Q T am noc positive but it was during that week.
 ̂ Of* what year?
A 1961.

 ̂ After the first demonstration on December 12, 

y u communicate with me relative to additional help?

 ̂ I did, I talked to you on Wednesday, which was



Hearing on Motion For Preliminary Injunction, No.72 7. 79A

the l4th of December, 1961, In an effort to contact the 

Governor of the State of Georgia, Ernest Vandiver, to allow 
us the use of State Patrol to supplement our Police Department 
here,

MR. HOLLOWELL: May it please the Court, I fm going 

to have to object to this line of testimony on the part 

of the Chief. He's talking about some conversation 

that he had. There's no testimony to the effect that 

any of these conversations took place In the presence 

of these defendants.; and, as far as we are concerned, 

this is a matter of hearsay, unless he has some com­

munication that he can show that he directed. This 

would be purely speculative and would be objectionable,

THE COURT; Well, Mr. Ho Howell, he's not

proposing to testify about what anybody may have said 

to him about any facts in relation to King. He's simply 

saying and his testimony is simply that he contacted 

the Governor and, as a result of his contact, he did 
certain things.

MR. HOLLOWELL: No sir, there is no testimony In 
this trial that he contacted the Governor.

THE COURT: I understood him to say that
somebody contacted the Governor.

MR. HOLLOWELL: No sir, the testimony that he 
gave was to the effect that he talked to the Mayor 

re-ative to contacting the Governor; and I submit 

it doesn't have to run directly to King, If it runs 

any matter in this case, that It Is objectionable;



Hearing on Motion For Preliminary Injunction, No. 727 8GA

any conversation that they had. which was out of the 

presence of the Defendants in this case would certainly 

be a matter of hearsay and would be objectionable.

THE COURT: He has not related any —

MR. HOLLOWELL: It’s a self-serving type of 

declaration.

THE COURT: He’s not relating any of the
details of the conversation but he’s simply stating 

that he had a conversation and as a result of it, he 

did certain things. I overrule the objection.

A The Witness: After this conversation with 

the Mayor, the Mayor in my presence contacted the Governor 

of the State of Georgia, and through him we contacted the 

Director of Public Safety and had additional —

MR. HOLLOWELL: Now, if it please the Court, he 
can't tell about who somebody else contacted. I mean 

this goes on and on. He may have contacted me or 

somebody else. He says "through him".

MR. KELLEY: Let me rephrase the question, if
Your Honor please,

THE COURT: You may rephrase the question.

^ Mr. Kelley: Did members of the Georgia
State come into Albany?

A Yes, they did.

When did they come in?

They came in, began coming in on Wednesday, 
timber 14, 1961.

Why did you want the Georgia State Patrol in



Hearing on Motion For Preliminary Inunction, No. 727 81A

the City of Albany on that particular occasion?

A These troopers were called in to supplement my 

Department because my Department was completely assigned 

to these demonstrations and to this situation and crisis 

which we were facing. Me could not afford equal protection 

to the citizens of Albany as we had in the past, because our 

time was devoted to the handling of these demonstrations, 

to afford protection to Dr. Martin Luther King and his 

associates while they were in the City; and the need for 

these State Patrolmen was of such nature that we had to leave 

them in here to supplement, to see that the peace and the 

quiet and the dignity of this City was preserved.

Q Did you as the chief law enforcement officer 
of the City of Albany also request that the National Guard 
be alerted?

A Yes sir. On Thursday, which I think was December 
it was my belief —

MR, HOLLOWELL: May it please the Court, 
counsel here knows better, I submit to you, Your 

Honor; These questions are completely leading.

I mean, he could ask him who, if any one, did he 
contact.

THE COURT; I agree.

MR. HOLLOWELL; And he knows that these ques­
tions are leading, all of these questions are leading.

MR, KELLEY: I was simply trying to save
time. Your Honor please. I'll go about it the hard 
WaYj if he insists.



Hearing on Motion For Preliminary Injunction, No. 727 82A

THE COURT: I sustain the objection and

suggest, Mr. Kelley, that you let the witness testify. 

q Mr. Kelley: What else did you do, Mr.

Pritchett, in order to accomplish whatever purpose you 

had in mind?
A During this week of this crisis that we were 

facing, of tension In the City of Albany, it was my honest 

belief that this City was at the point of explosion, at 

the point of violence on both sides of the citizens of 

Albany, both Negro and white; and it was my belief and strong 

conviction that the National Guard should be alerted, after 

this had taken place here, with the tensions and the situation 

at such a high feverish pitch, that the National Guard 

should be alerted on a stand-by basis to come in and take 

over and assist and do everything to keep the peace and 

the dignity and the tranquility of this City, and order.

Q As a matter of fact, Chief Pritchett, on 
December 15, 1961, what did the Defendant Anderson and the 

Defendant Walker say to you relative to the observance of 
our local ordinances?

A They advised me that they had no intentions - 

MR. C. B. KING: If Your Honor pleases, I am 

interested to know what was the name of the other 
Person - Walker - was It Walker?

A The Witness: Solomon Walker, Dr. W. G.

er>S°n and 1 think Dr. Martin Luther King was not present

’ Abernathy was not present. But he assured me that he
would not k

De responsible for the spontaneous conduct of



Hearing on Motion For Preliminary Injunction, No.727 83A

the Negro people and of its conditions which existed here,* 

and that they had no Intentions, unless the City gave In 

to their demands, to call off any demonstrations or abide 

by our laws and regulations of the City of Albany.

Q You say "demonstrations", what is a demonstration?

A These demonstrations were mass demonstrations

of people who were marching, who were singing and praying on 

the streets and sidewalks of the City of Albany in large 
numbers.

Q As a police officer was it or not your responsi­
bility to enforce the ordinances of this City?

A It was my sole responsibility to see that the
ordinances and laws of the City of Albany were obeyed and 
regulated.

Q Did any of the marchers ever have a permit to
parade?

A Never at any time.

Q Did you or not make inquiry on each march?

A On each march inquiry was made as to whether
ĥey had a permit, and 1 also checked with the City Manager's 

°tfice prior to it, to see if any had been issued, and none 

issued or displayed to me at any time.

Q During these days in December, from around the 
dth or 11th of December, 1961, and throughout the month of 

cember, do you know of your own knowledge xThether or not 

Albany Movement sponsored and conducted mass meetings 
Withln the City of Albany?

A Yes, I do.



Hearing on Motion For Preliminary Injunction, No. 72? 84a

q Do you know the frequency with which they were 

conducted and approximately how many people attended?

A During the month of December, beginning a day 

or two before December 12, these mass meetings were conducted 

at Mt. Zion and Shiloh Baptist churches, which are located 

in the south part of the town In the predominantly Negro 

section, where 2- to 3,000 people would meet in these 

churches, congregate on the outside and hold their mass 

meetings. These meetings were held sometimes 2 and some­

times 3 times a day, during these demonstrations we exper­

ienced in December.
Q, Can you give us an idea of how many people 

would attend, both inside and outside the churches?

A The churches, Mt. Zion's capacity, it has been 

related to me by Dr. W. G. Anderson, holds 850. Shiloh, as 

told to me by Dr. W. G. Anderson, Is 650. And they were 

standing, sitting in windows, standing around the walls.

I would say that at least 2,000 or 2,500 people were 

inside and outside the buildings.

Q What did this situation of this mass congre­
gating, how did that affect the peace and good order and 

dignity and tranquility of this City?

A These mass meetings that we experienced 

bscessitated the use of sometimes 2 to 3 to 4 cars and 
motorcycles, sitting and seeing that nothing happened to 

yhese People while they held their peaceful demonstrations 

assembled in these churches. We had to necessitate the 
P acing of officers in the immediate vicinity with motor-



Hearing on Motion For Preliminary Injunction, No. 727 85A

cycles patrolling In the area, to see that nobody come into 

this area to disturb them; and it necessitated the use of 

taking my men away from their normal duties to afford these 

people protection while they were holding these assemblies 

in the churches.
q Would those congregated onthe outside obstruct 

the use of public ways and sidewalks?

A They did.
Q Did this happen on one occasion or on how many

occasions?
A This happened on many occasions, almost at

every mass meeting.

Q Now, did any of them ever get in the streets?

A They would cross the street from one church to

the next when they would interchange the speakers; but 

mostly they were around on the sidewalks and the public 

right of way, parks, obstructing and congregating on the 
sidewalks.

Q Now, for the benefit of the Court, Chief, 
would you explain the location of the principal meeting 

Places of the Albany Movement? Mr. Marshal, could we have 

tha* blackboard if there's any chalk on there?

A (Witness drawing diagram of streets on blackboard)

• This will designate to you this is south and this is 

this is Jefferson Street, this is Whitney, which runs 

6aSt and west- Mt. Zion Church is located on the southeast 

rner Jefferson and Whitney, the entrance facing north.

^  Shlloh Baptist Church is located on the northeast corner



Hearing on Motion For Preliminary Injunction, No. 727 86A

facing south. These mass meetings were held In both churches, 

m0Bt - I would say 95 per cent of the time, If the crowd 

was su ch , it was either held in Mt. Zion or Shiloh. But 

these people would gather inside and also gather on the 

sidew alks and streets surrounding these churches in such 

a way, which necessitated the use of sending patrol cars 

to park on these corners to watch and observe these meetings; 

and also necessitated the use of motorcycle patrolling in 

the immediate area, to see that at night there that white 

people who were curious, or white people who were down there 

for other reasons unknowing to us, were kept out of this 

area.

We kept these cars here through these meetings 

until they were hit and struck by bottles and bricks from 

these masses of people in here. We had to move these cars 

back to the middle of the block at a safe distance and 

move this car back to the middle of the block at a safe 

distance because they were being barraged with rocks and 
bottles.

Q When was that?

A This was on one or two occasions in December,
most notably this month.

Q Now, you mentioned some white people trying to 
into that area, do you know that of your own knowledge?

A Yes, we know that this is a state highway and we 

that people traveling down In here, because of these 

ss Meetings, curiosity and other people; and for this 
s°n my patrol cars and police personnel were assigned



Hearing on Motion For Preliminary Injunction, No. 727 87A

to this area to watch the situation and talk to the people 

and see what their business was in this neighborhood and to 

get them out of there, if they had no business down there.

In order that no violence or no explosive situation or 

nothing could happen to anyone down in this area.

q Were there any people who tried to violate your 

instructions to stay away?
A The people cooperated with us. Now, I might 

bring this into it, that we had numerous white people that 

attended these meetings with the Albany Movement, white 

people from Koinonia Farms and white people here in Albany 

and white people from various other states that were in 

here assisting the Albany Movement and attending these 

meetings. It was a mixed gathering.

Q Just a minute, Chief, while you're there, now 

going in a northerly direction describe what areas you go 
through?

A Going in a northerly area, you come out of the 

Negro section into Oglethorpe Avenue.

Q Now, before you get to Oglethorpe, tell us 

almost house by house what you pass by, if anything?

A On Jefferson it is mostly residential.

Q For what period, I mean for what distance?

A For approximately a block or two blocks. And on 

Jackson Street, which is east of the church, the next inter­

section which is Jackson and Whitney, it's all business, 

the Harlem area of theIfegro section, business establishments.



Hearing on Motion For Preliminary Injunction, No. 727 88A

q What is that commonly referred to In the City 

of Albany, that area of the City?

A Harlem.

Q
usually?

Do large numbers of Negroes congregate there

A Yes, they do.

Q Every day of the week?

A Every day of the week, normal activities.

Q Now, you have mentioned several marches: what

route did they take, if you know?

A They would empty these churches into the side­

walk here (indicating on blackboard) and usually we found 

that it seems that Shiloh was the marching church. They 

would empty this church and people would come out of Shiloh 

and gather up in 2 's and begin their march in this area east 

of Whitney, to Jackson, turn left and head north up the west 

sidewalk of Jackson Street, and proceed on into town.

Q When they turned left on Jackson and going in 
a northerly direction, they were going through what area of
our City? 

A
Albany.

The Harlem District or trading district of

Q Is that the area in which many of our Negro

citizens congregate?
A That's correct.
Q Did you observe these marches yourself?
A The personnel of my Department, the detectives

department, observed these marches and usually accom



Hearing on Motion For Preliminary Injunction, No. 72? 89A

panied them along observing these marches.

q You mean the detectives stayed with Dr. King?

A Entirely, in his march.

A Well, why was that necessary?

A This was to afford him protection, to see, as 

I stated before, that nothing happened to Dr. Martin Luther 

King that would cause these people to be aroused and come 

into spontaneous explosive situation.

Q Now, as the marchers would proceed in a 

northerly direction along Jackson Street, would you 

yourself observe the marching?

A Yes, I would.

Q Give us some idea of the number of onlookers and

followers of the parade but not participants in the parade, 
if there were any?

A These marchers -

MR. HOLLOWELL: Well now, may it please the

Court, we want to know what he's talking and when he's
talking about.

Q Mr. Kelley: All right, let's take December
12, 1961?

A On any of these marches that taken place that 

we exPenieneed here, on all of the marches, the marchers 
would line up and begin marching; and then, like a suction, 

everybody from these churches would fall in behind and 

follow until they come to the intersection of Jackson and

glethorpe Avenue where there's a traffic light. They would 
clll eome UP ~ the bus station is located here (indicating



H e a rin g  on Motion For Preliminary Injunction, No. 7 2 7 90A

on blackboard) - they would all come up, gather into this 

corner here —

Q Which corner are you talking about, now Chief?

A The southwest and southeast corners of Oglethorpe 

and Jackson, located at the bus terminal, on both sides of 

the street, and congregate in such numbers, as 2- to 3- and 
4,000 people.

Q What was the conduct of the onlookers?

A The conduct of these onlookers at every march 

and during these marches was boisterous, intimidating and 

threatening nature, such as gestures, you "pale face" - I 

wish to apologize to the Court for this language, but this is 

the language that will be brought out - "you pale-faced —  " 

MR, HOLLOWELL: Now, if it please the Court,
I want to know” if the Chief heard this?

A The Witness: I heard it personally; I was
present here —

MR. HOLLOWELL: On what occasion?

A The Witness: On numerous occasions.

MR. HO I,-LOWELL: We want him to specify.

MR. KELLEY: May it please the Court, I think
Mr. Hollowell will have ample opportunity to cross- 

examine him. If he has objection, I certainly have 

no objection to him making the objection but I would

the

like to reserve the right to examine my own witness.

THE COURT: Yes, proceed Mr. Kelley.
A The Witness: These remarks were thrown at
lice officers who were here directing traffic and



Hearing on Motion For Preliminary Injunction, No, 727 91A

doing their best to keep this situation from exploding Into 

mob violence. These remarks were thrown by the people who 

had followed them up through Harlem to this point, and 

throwing insulting remarks at the police officers, calling 

them "pale faced son-of~bitch.es", "pale-faced-- "

THE COURT: Is that calling the police
officers?

A The Witness: The police officers. And "Send
Big Red down here, we want him".

Q. Mr. Kelley: Who is "Big Red"?

A He's a police officer here, Officer Grady Wills, 

who is a veteran officer here, who has worked the Harlem 

District for many years. They were insulting him to such an 

extent that we had to withdraw him away from the area and 
put him a block away from the area.

Q Why did you withdraw him?

A Because we felt that if we went in there, that 
he was in danger.

Q Was the language loud or quiet or what?

A Loud and boisterous language that you could hear 
from one side of the street to the middle of the next block.

 ̂ Do you know whether or not any of these on- 
°°kers, not participants in the marches, ever expectorated 

011 any of the police officers?

My officers have been spit on, cussed at, 
in many ways during this crisis here.

What were your instructions to your police
officers?



Hearing on Motion For Preliminary Injunction* No. 727

A. My instructions to these police officers were* 

regard less of whether they were spit upon* cussed at* 

struck* to meet violence with non-violence* and to meet 
non-violence with non-violence.

THE COURT: Let’s have order in court.

I want it understood* I want this understood at this 

point, that if there is any demonstration of any kind 

by laughing or loud conversation that this courtroom 
will be cleared. You may proceed.

A The Witness: My officers have been instructed

had been instructed 2 to 3 months prior to this because we 

had knowledge that this was coming* my officers had been 

instructed in roll-call training; they have been instructed 

in special classes that we have conducted here* to antici­

pate any type of intimidation or any type of abuse that 

would be put on these people* by these people on my officers 

to nevev act in a violent way* to have one thing in mind* 
tocarry out the duties that were expected of them and to 

uphold the dignity of law enforcement in this City* so that 

•here would be respect for this Department and not to go 

down and abuse these people in any way. They were told 

dat they were preaching non-violence and our job here 

o meet non-violence with non-violence* which we’ve
done,

Mr. Kelley: Did you ever hear any of the
ndants in this case speak to the people at the church1 Q 4' 4
ve to how they should conduct themselves?



Hearing on Motion For Preliminary Injunction, No.727 93A

A I have never personally heard in the church, only 

on one occasion, and that was the last, I think a week ago 

or three weeks ago tonight, when it necessitated me going 

into Shiloh Baptist Church to talk to the masses of colored 

people who were assembled there.
Q Why did you go in there? Come back to the stand, 

please. (Witness resuming witness-stand). . .

A On this night we had had the night before police 

cars rocked, the dome light on the cars busted, the 

detective's car had been rocked, barraged with rocksj the 

FBI had been rocked there, and passing cars had been, rocks 

had been thrown at them. And that was the night before on 

Monday. And Tuesday night I was sitting in my office and I 

heard the dispatch of a radio call for Assistant Chief 

J, J. Lairsey, put out a call to send other units to the 

scene at Mt. Zion and Shiloh Baptist church, for the purpose 

of dispersing the crowd. When I heard this, I immediately 

entered my own car and went to the scene, where I found 

approximately 25 officers on the northwest corner of 
Whitney and Jefferson, and on the opposite corner on the 

east side, northeast side of the street, there was approxi- 

û ely 4- to 500 or more Negroes assembled in the immediate 

area, with two forces looking at each other. And when I got 

he'-ej I asked them what the trouble was and they said,
'^0 ri 14* ic know, the church has emptied, there have been 

throwed at us, they have been intimidating us with 

And then, during this period of time I called on 
stant Chief J. j4 Lairsey and Captain Ed Friend, who is



Hearing on Motion Por Preliminary Injunction, No. 727 9̂ A

Clief of the Detective Bureau, to follow me, to assist and go 

with me. I went into the crowd and asked the people —  
q Why did you go in there?

A Because I felt that this was a most explosive

situation, where violence could have erupted at any given 

time and where no doubt in my mind, my police officers and 

the Negro people would have been injured and maybe some 
killed.

Q What did you fear?

A I feared at that time mob violence.

Q All right, sir.

A And for this reason I entered the church and

asked to speak with Dr, W. G. Anderson; and I think it was

Bo Jackson, who is the Treasurer of the Albany Movement,

escorted me into the meeting and presented me to the people;

and the Vice-President of the Albany Movement, Slater King,

introduced me to these masses of people, and told them that

1 wanted to talk to them. And In taking the pulpit there,

* them that we were Interested and wanted them to have
hoir peaceful assemblies In these churches, to have their

S8tings in these churches, but we in return requested and

Pscted them to conduct themselves in such a way that we

 ̂no  ̂^ave violence, mob violence. And I said, "I know
you don't, that you are a non-violent organization,

y°u preach on the theory of non-violence, and for this 
^SOn I hpo- r»-PS oi you to stop the rock-throwing, the bottle­

rs and hold your peaceful assembles in such a wayth .
Gan a^ or(d you protection. And then, Slater King



Hearing on Motion For Preliminary Injunction, No. 727 95A

again addressed them and sent people out into the crowds, 

what he called "lieutenants", to get the people to disperse 

and go about their normal way, and not to intimidate them 

and not to throw rocks and not to be violent. And in this, 

no doubt in my mind it eliminated mob violence that night.

Q In your judgment as a police officer, does the 

activity or did the activity of the Albany Movement, in 

sponsoring these mass meetings and demonstrations, incite 

others who were not members of the Movement to break the laws 
of our City?

A Definitely so.

Q Did the activities of the Albany Movement and

these demonstrations, in your judgment, incite others to 

participate in congregating, which may have caused or 
fomented strife in our City?

A Most definitely.

MR. HOLLOWELL: If it please the Court, I ’ve
been trying to go along but I think that there's a limit 

beyond which we can't go. I think he can ask him 

what is his opinion, based upon his experience as an 

officer and his experience in connection with this 

matter and his opinion as to its effect; but here he 

has continuously sought to put words in the mouth of 

bhe Chief and this we have to continue to object to.

THE COURT: Maybe you can rephrase your
Question.

MR. KELLEY: I'll be happy to, Your Honor.
What, in your judgment,was the effect or your



Hearing on Motion For Preliminary Injunction, No. 72? 96a

opinion o f  the effect of these demonstrations and mass 

Meetings upon the City of Albany?

A These mass demonstrations and marches, which were 

utilized by the Albany Movement, incited the people, not 

only the Negro but the white.
Q What about people from other counties?

A The surrounding counties, people we saw people

inhere from all over South Georgia. At times we had 

other organizations in here, which we had to assign 

personnel to, to see that they didn't take any active 
part in this stuff.

Q Did you ever see members of the Ku Klux Klan
here?

A I did.

Q Who were they? How do you know they were here?

A They were identified to me as such in personal 
interviews with them: Calvin Clegg, Sheldon, who is the 
Grand Dragon of the Ku Klux; Ku Klux members from Alabama;

‘jisk, by name, Perkins, who were identified and interviewed 

D/ me personally, and who we assigned officers to, to 

nrnil, to keep them under complete surveillance at all 

®esi to see that they did nothing to break the peace and 

and the dignity of this City in any of their
actions.

Did you anticipate that they might?

I anticipated anything.

All right, sir, get back to the original question:
What, j_n

y°ur opinion, or what effect, in your opinion, did



Hearing on Motion For Preliminary Injunction* No. 727 97A

these demonstrations and mass meetings have upon the peace* 

order, dignity and tranquility?

A These mass demonstrations which we experienced 

caused a situation here in Albany* where the City of Albany 

and Dougherty County and surrounding counties could not 

be in a normal condition; where people could go about their 

normal ways of life* because of interference with the 

movement of traffic* the interference with pedestrian 

traffic* with interference with businesses* the interfer­

ence of demonstrations at any time; and due to this situa­

tion we as law enforcement officers here could not afford 

equal protection of the law to all people of Albany* 
regardless of race* color or creed.

Q Now* most of the testimony that you!ve given*
Chief, has been addressed primarily to December* Is that 
true?

A That’s correct* yes sir.

Q Now* did you ever talk with any of these 
Pendants relative to the situation that they were 
creating in this City?

A I talked to Dr. Martin Luther King* Dr. Ralph 
nattiy, Dr. vi. G. Anderson* Slater King and other 

rs> Marion Page and other members of the Executive 
“fflittee of the Albany Movement.

Did you talk to them on more than one occasion?
On more than one occasion.

And what attitude did they express to you* If
any?



98aHearing on Motion For Preliminary Injunction, No. 727

A My concern was in talking with them to see 

if I could talk to them, to relay to the people that we 

wanted the peace and quiet of this City preserved; that 

we wanted them to relay to their people through them as 

leaders of the Negro people, that we wished for them to 

observe our laws and ordinances of the City and of the 

State and to keep it in such a way, to where we would not 

have mob violence here. And they in turn, Dr. Martin Luther 

King and Dr. Abernathy and Dr. W. G. Anderson, said that 

these laws were unjust and that they could not in good 

faith tell the people to obey our rules and regulations 

because they were unjust laws, and in their conscience not 
adaptable to them.

BY THE COURT:

Q You mean that was the statement made to you by 
these Defendants?

A Yes sir.

That the laws were unjust and, therefore - what 
l'as exact statement?

'Kaat these laws were unjust and in their con- 
they couldn't abide by these laws, because it 

V8d ^ em ;i-n their conscience of their constitutional
> and they would not abide by our laws.

'That they would not abide by them?
 ̂ That's correct.

W^at laws were they referring to when they
that?



Hearing on Motion For Preliminary Injunction, No. 727 99A

A Laws, our city ordinances with reference to 

permits, our ordinances in reference to blocking of the 

sidewalks and streets and congregating, the laws of our 

City and ordinances in failing to obey an officer's command; 

our ordinances pertaining to disorderly conduct of creating 
disturbances in the City of Albany.

THE COURT: All right.

BY MR. KELLEY:

Q Did most of these marches or demonstrations 
follow the same pattern?

A All of the marches have followed the exact pattern.

Q Do you know whether or not the leadership of
tbe Negro community ever notified or announced publicly 

k advance their intention to violate the ordinances of 
the City of Albany?

A They, in correspondence to the City Manager,
Proposed a demonstration to us —

MR. HOLLOWELL: Nov;, may it please the Court,
I think the letter would be the highest and best 
evidence.

MR. KELLEY: I think he is correct. I will
withdraw the question.

Now, Chief Pritchett, did the people leading the
Albany Movement
“arches, to
advance
°f our

and those sponsoring the mass meetings and

your knowledge, ever publicly announce in

a march their intention to march in violation 
ordinances?

they have.



Hearing on Motion For Preliminary Injunction, No. 727 100A

Q Do you know whether or not they've done that on 
more than one occasion?

A On more than one.

Q How did you find out about it?

A In conversation with Dr, W. G, Anderson, he 

informed me in December prior to one of these marches, 

prior to the last march I think, when he was arrested 

along with Dr. Martin Luther King and Dr. Ralph Abernathy, 

in a conversation with me by phone, that they would not 

abide by our laws, that if those people were not turned 

out of jail and if their demands were not met by the City, 

that they would bring a thousand up here to the City; and 

my answer to him was, that if you intend to violate our 

City ordinances and our laws, the only thing I request of 
you is that you get in front of them and lead them.

Q As a matter of fact, Chief, did sometimes the 
news media and television cameras and men know about the 
marches before you did?

A They were always alerted prior to these marches 
d we knew that when they left the church and set up on 

) street, that these marches were fixing to take place, 

watched the news media. We could watch their activities 

fept them under surveillance at all times, because we 

where they went, there was going to be activity and 
demonstrations of some sort.

Did you also conclude that if the news media was
not ...



Hearing on Motion For Preliminary Injunction, No. 727 101A

MR. HOLLOWELL: Now, don't ask him "did you also 

conclude so and so" but ask him what did he conclude.

MR. KELLEY: Excuse me, Mr. Hollowell; you

are absolutely right.

Q What did you conclude if you didn't see the news 

media around?
A If the newspaper media was not around, we felt 

that we could sit back and rest a little bit.

BY THE C O U R T :

Q In other words, Mr. Chief, as I understand 

your testimony, you're saying that you did not alert the 

television and newspaper folks?

A At no time. We kept these people under 
surveillance, as we did Dr. Martin Luther King, because 

we knew that where he went, something was subject to go.; 

we knew where the newspapermen and the cameramen went, that 

they were not going there just to pass the time away.

Q In other words, they seemed to know all about 
^ before you did?

A They knew prior to this, to my knowledge. On 
ariou0 times I have seen them notified to be ready in 10 

utes, that such and such a person will arrive in 10 

lltes on such and such a scene, and the cameras would

UP ready to start rolling at any given time.
BY K E L L E Y :

As a matter of fact, Chief Pritchett, last
bight whpn you reached City Hall, what happened, if
anythingv



Hearing on Motion For Preliminary Injunction, No, 727 102A

A We were - when I received a call and went to the 

City Hall, I was greeted with the newspaper men and the 

cameras,, who had been alerted, from their own testimony and 

statements to me, that there would be a demonstration in 

front of the City Hall last night, and they were told to 

be there.

Q Did you have any knowledge of it before then?

MR. HGLLOWELL: Your Honor, we are going to have 

to ask that that be stricken. I suggest here again 

that which was told to him by some reporter concerning 

what was going to happen •—

MR. KELLEY• He’s correct, Your Honor please. 

I will withdraw the question.

MR. HOLLOWELL: We will ask that the testimony 

pertaining to it be stricken.

THE COURT: It is stricken.

MR. KELLEY: No objection to that.

Q When you arrived at the City Hall last night, 

what did you see and who did you see?

A I saw various members of the press and news 

media assembled in front of the City Hall, with cameras 

set up and flashlights or flash attachments set up.

Q At that time did you have any knowledge of any 

proposed demorsbration?

A No, I didn’t.
Q Did a demonstration, as a matter of fact, take

Place?

A Yes, it did.



Hearing on Motion For Preliminary Injunction, No. 727 103A

Q When?

A Approximately 10 or 15 minutes after I arrived

there.

Q And when it did take place, were the television 

cameras and news media still present?

A They were quite busy.

Q Chief Pritchett, did these demonstrations and

mass meetings, in your opinion, cause —

MR. H0LL0WELL: Now, we object to this, Your 

Honor, even before he says it: "Did they cause" - He’s 

going to lead the witness into another statement.

THE COURT: I think the question can be

phrased differently, whatever it is. I don't know 

what it is yet; but whatever it is.

MR. HOLLOWELL: Can't cause anything, in so 

far as the question which was propounded to him, 

because it would be a conclusion.

THE COURT: I agree with you. Mr. Kelley,

your question needs to be rephrased.
Q Mr. Kelley: All right, sir. Chief Pritchett,

while these mass meetings were being conducted and during the 

time of the marches in violation of the ordinance of the 

City, did you observe any greater number of people in our 

City or crowds?
A Yes, I did. On all occasions of these marches 

there were great numbers of people, both white and Negro, 

assembled here in Albany, riding the streets, walking, 

gathered here in anticipation of something happening.



Hearing on Motion For Preliminary Injunction, No, 727 104a

Q Did you see any of these people transacting 

ordinary business?

A Prior to these arrests they were in normal 

transaction of the businessesj but after these parades 

and demonstrations started, the streets and the avenues 

of the uptown area were completely blocked off, making it 

impossible for people to use the highways, the streets and 

automobiles, walking, pedestrians, because these areas were 

blocked off completely.

Q, Now, on December 16, did you have a parade on 

that day?

A Yes, we did.

Q When the marchers were arrested by you, tell 

what you ordered them to do, where they xrent and what you 

observed as a result of their being there, if you know?

MR. HOLLOWELL: Now, if it please the Court, 

this I will object to. This is repetitive, this was 

all gone over yesterday under the direct cross examin­

ation of Mr. Leverett; and this can only be repetitivej 

every facet of it from the time they left the church 

under this direct examination until the time that they 

were jailed. This has already been gone over.

THE COURT: Well, I suppose it’s impossible

to avoid some repetition when we go back to different 

dates.

MR. HOLLOWELL: I ’m talking about this particular 

date, if it please the Court.



Hearing on Motion For Preliminary Injunction, No. 727 I05A

THE COURT: I say, I can't know in advance

whether his testimony is going to be a repetition or 

not. Of course, we want to - I agree with you, we 

want to expedite the conduct of this matter so we can 
conclude it —

MR. KELLEY; I think perhaps he is correct 

that it has been covered, and I will go on to another 

matter, if Your Honor please.

THE COURT: All right.

Q Mr. Kelley: Now, since the demonstrations

in December, have you been in communication with Dr. Ander­

son or any of the other Defendants?

A On numerous occasions?

Q On numerous occasions?

A Yes.

Q Now, do you recall whether or not, do you recall

any statement of the Defendant Anderson or the Defendant 

Page relative to the bus company in Albany?

A Yes, I do.

Q What did they say?

A In a meeting with the President of the Albany 

Movement, Dr. W. G. Anderson, and Marion Page, Secretary, 

and at times the Vice-President, Slater King, they informed 

me that the demonstrations or mass demonstrations would not 

take place, but that they were officially boycotting the 

stores and the bus company here in the City of Albany; and 

this was done in a manner to put pressure on people, 

merchants, in order to put pressure on the City officials



Hearing on Motion For Preliminary Injunction, No, 727 106A

of the City of Albany to give in to their demands.

Q As a matter of fact, is the bus company in

operation today?

A It is not.

Q Do you know of your own knowledge what percent­

age of the Negroes or what percentage of the business of the 

bus company was made up by Negro customers, approximately?

A In talking with the —

Q Say only if you know of your own knowledge?

A I know that the business was probably 75 to 80

or 85 per cent. Negro.

Q You observed them when they were riding the

buses?

A Yes sir, I have.

Q In your judgment, was the boycott by the Albany 

Movement of the bus company successful or unsuccessful?

A Very successful.

Q, Have the members of the Albany Movement engaged 

in any other activities, which would address themselves to 

your office.

A Yes, they've contacted me on numerous occasions 

in respect to this "selective buying" or boycott of the 

merchants, in order that some agreement might be reached.

Q Have you ever been called to the businesses

of any private owners?

A Yes, I have.

Q If so, for what purpose?



Hearing on Motion For Preliminary Injunction, No. 727 107A

A I ' ve been called on numerous occasions to

Crowe’s Drugstore, to Lane’s Drugstore, to the owners who 

had called the law enforcement officers to come to 

their business establishments, because their business was 

being interrupted and the people who were there had been 

asked to leave and refused to do so.

Q. Do you know whether or not this condition 

caused any confusion?

A It caused confusion because the owners of 

these stores, particularly Crowe's, to completely close 

down their lunch counters, and the confusion of police 

officers having to come into their business establishments, 

and causing undue interruption of their normal business 

that they conducted.

Q, Did this activity on the part —

MR. HOLLOWELL: Now, if it please the Court, I 

would ask that that would be stricken, on the ground 

that it is a conclusion on the part of the Chief, not 

founded upon the proper basis. He's trying to testify 

as to why some owner closed his business, and I would 

submit that it should be stricken.

THE COURT: Yes, I think that testimony

could more properly come from the owner of the 

business rather than the Chief. I sustain the objec­

tion.

Q Mr. Kelley: All right sir. Did any of the

owners of any private businesses close lunch counters?

A They did.



Hearing on Motion For Preliminary Injunction., No. 727 108A

Q Did the activity of the police department in 
this area require the use of policemen?

A Yes, it did.

Q Can you give us an Idea of how many?

A We had at all of these* it wasn't one at a 

time* it was a spontaneous movement on the part of the 

Albany Movement to send negro teenagers to different drug­

stores* Lane's, Crowe's* Lee's* Dupree's, Mid-Town Shopping 

Center, at 12 o'clock on a spontaneous movement. They 

branched out and went* which necessitated calls coming into 

our station and alerting and dispatching policemen to every 

one of these business establishments; and in doing so, 

taking away the normal routine and the normal activities of 

the police department because we had to spread out In so 

many places, to see that the peace and quiet of this City 

was preserved and that these calls were answered.

Q Did this deprive citizens of other areas of 
the protection of the law?

A It most certainly did.

Q Now, on these sit-ins, have you ever arrested 

a Negro for going in an establishment?

A Never.

Q What occasioned the arrests, if any, that 
were made?

A These arrests that have been made by me or by 

members of my Department have been at the request of the 
owners.

Q Is that the only occasion?



Hearing on Motion For Preliminary Injunction, No . 727 109A

A That’s correct.

q Have you ever arrested white people at the

request of the owner?

A We have.
Q Can you give us an idea of the total number of

Negroes and whites who have been arrested as a result of 
these marches and activities of the Albany Movement?

A The number of cases that we have booked is 

in excess of, probably around 110 0.

Q What effect does this have on your jail 

facilities and the operation of your department?

A. The operation, these arrests or these masses 

of people have affected us to where we cannot afford normal 

policing routines and policies which we have carried on 

In the past. It necessitates the working of 12 hours and 

16 hours and 20 hours by members of this department, where 

normally we’d work 8 hours a day. W e ’ve had to split up the 

forces to have people assigned at all given times to afford 

equal protection to everybody here in the City of Albany. 

We've had to keep these men on 24-hour alert, housing them 

in hotels, so they would be accessible for quick return to 

duty. We have not been at a normal condition here since 

October of 19 6 1. For weeks, as for example here, this 

begins the third week of 24-hour alert by members of the 

Albany Police Department who haven't been home but 2 or 3 

times in this period of time. They have been assigned to 

the uptown area, to see that people of all races are given 

®qual protection under the color of law, and thus depriving



Hearing on Motion For Preliminary Injunction, No. 727 11CA

even my men of their rights to be at home with their fami­

lies, to carry on a normal procedure; and we feel that in 

doing this that we are deprived of our rights as citizens.

Q Have you had to incarcerate some of the violators 

of our city ordinances in jails other than yours?

A Yes sir, we have.

Q Why is that necessary?

Ad; Because we cannot handle this multitude of people 

in our jail. We have limited jail space. And so, in 

doing so we had to utilize other jails in the County, 

and other surrounding jails located in surrounding counties, 

in an effort to where we could keep our jail open for the 

normal routine of business that we had to carry on here 

under this crisis and strain that we've been under.

Q, Is that expensive to your Department?

A It’s very expensive. This last three weeks 

has cost us in excess of $10,000, paying overtime for these 

police officers who have been on 24-hour duty and alert; 

the feeding of these officers while on this duty, the 

housing of these officers while in hotels.

Q During this period of activity by the Albany 

Movement, where have you concentrated your officers, If 

you have concentrated them?

A The officers have been concentrated to these 

People, to afford them protection and to see that the 

Peace and the quiet and the dignity of this City Is 

preserved. We felt that the areathat was the most 

explosive was where these masses of people were gathered,



Hearing on Motion For Preliminary Injunction, No. 727 111A

and these officers have been assigned primarily to this 

location.

Q During this time did you receive other complaints 

of law violations?

A Yes, we have.

Q In other parts of the City?

A Yes, we have.

Q Mere you able to give it your prompt and

expeditious handling?

A Not as effectively and as efficiently as we 

have In the past, no.

Q Now, Chief Pritchett, I want to show you 

EXHIBIT "A:", which is attached to this complaint, and 

ask you If this same information contained in this exhibit 

was communicated to you by any member of the Albany Movement 

or by any of the Defendants?

A This letter here was received by the City 

Manager, not me.

Q Yes sir?

A But a copy was forwarded to me, a carbon copy 

was forwarded to me, which I have of this exhibit.

A In this letter, did the Albany Movement state 

that they would obey the traffic signals?

A They say here that the group will walk on the 

sidewalk and observe all traffic signals.

Q As a matter of fact, did they?

A No, they did not.



Hearing on Motion For Preliminary Injunction, No. 727 112A

Q Now Mr. Pritchett, has Dr. Anderson, one of the 

Defendants in this case, and Marlon S. Page, one of the 

Defendants in this case, ever represented to you what 

organizations make up the Albany Movement?

A Yes, they have.

Q Can you relate - identify that please, Mr. Clerk - 

I will show you PLAINTIFFS* EXHIBIT —

MR. HOLLOWELL: May I see it counsel?

MR. KELLEY: Yes sir, you certainly may.

(Document tendered to defense counsel) . . .

MR. HOLLOWELL: We would object to its use as 

such unless there could be some showing that this was 

in fact - well, there’s no date on it, nor is It 

signed? Is there another part of it? Is this a 

part of the same thing? I'm objecting to this, 

which they have marked as P~7> this is not marked.

MR. KELLEY: That’s a part of this.

MR. HOLLOWELL: You’re saying that. Well, 

it isn’t so identified and that’s the only way I 

know, Counsel.

THE CLERK: Well, put them together and

let me mark them.

MR. HOLLOWELL: Well, may I take this for a 

moment? . . .

MR. KELLEY: May it please the Court, I have

2 or 3 other documents here.
THE COURT: Just a moment, Mr. Marshal,

let’s have order, please.



Hearing on Motion For Preliminary Injunction, No. 727 1 1 3 A

MR. KELLEY: I have three other exhibits

that I think at this time I would submit to counsel, 

with the Court’s permission. (Three additional 

documents submitted to defense counsel) . . .

THE COURT: Suppose, Mr. Kelley, since

you apparently have 2 or 3 Exhibits that you want to 

submit tocpposing counsel before you use them, suppose 

at this time we take about a 10~mlnute recess and you 
can do that during that time.

MR, KELLEY: Fine, thank you sir

RECESS: 10:45 AM to 11;00 AM 7-31-62

Q Mr. Kelley: Chief Pritchett, 1*11 hand

you PLAINTIFFS’ EXHIBIT No. J, and ask you whether or not 

you received a copy of this exhibit in your normal course 

of business as a police officer in the City of Albany?

A Yes, I did.

Q Does that exhibit state the name of some of

the organizations participating In the Albany Movement?

A Yes, it does.

Q Do you know of your own knowledge or do you know 

from having learned It from any of the Defendants that the 

organizations named therein are participating in the Albany 
Movement?

A In my many conferences and discussions with Dr,

W* G. Anderson and other members of the Albany Movement, 

these organizations named here were told to me to be 

consolidated into the Albany Movement.
Q What are the names of those organizations?



Hearing on Motion For Preliminary Injunction, No,727 11%

A The Youth Council, Ministerial Alliance -

MR. HOLLOWELL: May it please the Court, they
show.

MR. KELLEY: I would like for the record to

show, if Your Honor please.

MR. HOLLOWELL: Well, It hasn't been introduced 

in evidence. He wouldn't be able to read from It.

Q Mr. Kelley: Do you know of your own know­

ledge?

A Yes, I do.

0, Well, refresh your recollection, if you like,
and give us the names?

A It's the Youth Council, the Ministers Associa­

tion, the Federal Women’s Clubs, the NAACP, the Student 

Non-Violent Coordinating Committee and the Negro Voters 
League.

0, Now, I will show you PLAINTIFFS' EXHIBIT No. 8 

and ask you to identify this exhibit, and tell us what it 

purports to be?

A This is a communication I received on November 

25, 1961, from Charles Jones, Charlie Jones, relative to 

certifying that he along with —

MR. HOLLOWELL: Here again, Your Honor.

THE COURT: Yes, the witness can state

whether he received the document.

A The Witness: I received this document.

THE COURT: And not testify concerning the

contents.



Hearing on Motion For Preliminary Injunction, No. 72? 115A

A The Witness: I received this document from

Charlie Jones on November 25, 1961.

Q Mr. Kelley: Did the Defendant, Charles

Jones, ever tell you who he represented?

A He identified himself to me as the Field 

Representative of the Student Non-Violent Coordinating 

Committee.

Q All right sir, now Chief Pritchett, did you 

ever have any conversations with Dr. Martin Luther King?

A On a number of occasions.

Q Did he ever relate to you the organizations 

he represented, If any?

A He related to me his organization of Southern 

Christian Leadership Conference and he as President of 

this organization.

Q Did he ever relate to you the aims and ambitions 

of this organization?

A He told me that he was here to assist the Albany 

Movement in their gaining of their dignity and their rights 

and the doing away with the evil system of segregation.

Q Did he make any mention of the observance of 

our ordinances and state statutes?

A Yes, he has.

Q What did he say?
A He has on a number of occasions expressed to 

ras his concern for the violation of these laws, in that 

he felt that they were unjust laws and in his conscience 

could not be obeyed by him.



Hearing on Motion For Preliminary Injunction, No. J27 116A

Q Did you ever discuss with the Defendant, Dr. 

King, and the defendant, Dr. Anderson, and the Defendant, 

Marion S. Page, and the Defendant, Jones, the effect of 

the mass meetings and demonstrations on other Negroes 

and whites? If so, what was the conversation?

A I talked to them in regard to this, what the 

effect had on the people; and they stated to me that they 

would continue to preach to the people for non-violence, 

but if any came that they would have assumed part of the 

responsibility for it, because they were here and leading 
these people.

Q What comment did they have to make relative to 

continuing the marches or demonstrations, if any?

A They remarked that they would continue these 

demonstrations, these mass demonstrations, until the City 
had consented to their demands.

Q Now, in April of 1962, did you receive a letter 
from the Albany Movement?

A I did.

Q I will show you PLAINTIFFS1 EXHIBIT No. 6 and 

ask you whether or not that is the letter?

A It is.

Q Did you respond to that letter?

A I did, the same day.

Q And is your response also a part of PLAINTIFFS’ 
EXHIBIT No . 6?

A Yes, it is.



Hearing on Motion For Preliminary Injunction, No.727 1 1 7 A

Q, Without reading the letters, tell the Court in 

substance what the leadership of the Albany Movement 

demanded of you as a representative of the City, and what 

you did as a representative of the City?

A In this letter that I received here on April 

16, in correspondence, signed by the President and the 

Executive Secretary, M. S. Page and President, Dr. W. G. 

Anderson, they stated to me in this letter that if we would 

meet certain demands — •

MR. HOLLOWELL: Now, if it please the Court, 

he's going to tell about what the letter states and 

the letter speaks for itself.

THE COURT: Yes, the letter would be the

highest and best evidence of what It states. Of course, 

he can testify generally about what the demands were 

but he can't testify about what's in the letter.

Q Mr. Kelley: If you would, Chief, refrain

from referring to the letter and state to the Court what 

Dr. Anderson and Marion S. Page stated to you?

A They wanted an agreement with us that we would 

not interfere with interstate commerce of the bus station 

or the train terminal; they wanted from us an agreement that 

we would abide by the ICC ruling; and they wanted from us 

to have a bi-racial committee, of the return of the bond 

money which was posted by these people, the cash bond 

money. They wanted us to establish a bi-racial committee, 

consisting of people who were appointed by both sides.

They wanted us to agree to the future operation of the



Hearing on Motion For Preliminary Injunction, No, 727 118A

local bus company, regardless of race, color or creed.

They also wanted a final disposition which was satisfactory 

to both the Albany Movement and the officials of the City 

of Albany,

Q Was this communicated to the City?

A Yes, it wasj and in return for this, they stated 

that they would call off all demonstrations and implications, 

the boycotts and all of the activities of the Albany Move­

ment, if these things were agreed upon.

Q And did you respond?

A Yes sir, I did.

Q, What response did you give them?

A I responded to them the same day. In answer 

to that, I said that we would and had been abiding by the 

ICC regulations as of November lj that we would, upon 

exhibit of good security and sound security bonds, return 

the cash money back to the individuals. We - I stated to 

them that I had no authority to speak of a bi-raclal com­

mittee, but their grievances could be channeled as any 

other citizen, regardless of race, color or creed, through 

the City Manager, as any other average citizen of the City 

of Albany can. In regards to the bus station, in regards 

bo the local bus company, we stated in this letter that we 

had no intentions of interfering with private enterprise 

an<3 private business. And we also stated in this letter 

here that no disposition of the remaining cases would be 

wade until the Recorder had made a final decision in the 

°ases then pending. And also In this letter I stated to the



Hearing on Motion For Preliminary Injunction, No. 72? 119A

president of the Albany Movement and to the Albany Movement 

that these things should be accepted.; and if the Albany 

Movement was acting In good faith, that they would call 

off these demonstrations and implications and boycotts, 

and return to the peaceful way of activities in the City 

of Albany.

Q Was that agreement acceptable to them?

A This communication was referred back to me, 

that they would have to take it before the Executive Com­

mittee for passage.

Q Did you ever hear anything further from it?

A I heard that It was not accepted, that they

would not accept this.

Q, Did they have demonstrations and mass meetings 

thereafter?

A Yes, we did.
Q How often during February and March, April and 

May and June of this year did the Defendants conduct mass 

meetings?

A Their regular mass meetings were on Monday night, 

on every Monday night, and on special occasions, other 

days of the week, depending on when the main speakers could 

be here from out of town.
Q, During the month of July, have they had mass 

meetings?

A During the month of July we have had almost 

continuous mass meetings, some during the day starting at 

12:00, some at 4 :00, some at 6 :00, some at 8:00, during



Hearing on Motion For Preliminary Injunction No,727 120A

this month.

Q Now, were there any demonstrations or marches 

sponsored, by the Albany Movement In protest of arrests made 

of its members for violation of the City ordinances?

A Yes, it was.

MR. HOLLOWELL: Your Honor, I will ask counsel
not to lead the witness,

MR. KELLEY: All right, sir, I ’ll reframe the

question.

Q Did any of the leaders of the Albany Movement, 

including the Defendants in this suit, ever state to you 

why the marches were conducted?

A These in July, after the Rev. Dr. Martin Luther 

King and Dr. Ralph Abernathy were sentenced by Recorder’s 

Court for their participation In the December demonstra­

tions, the same day that they were sentenced, we had pro­

test marches, protesting the jailing of Dr. Martin Luther 

King and Dr. Ralph Abernathy.

Q, Mere they incarcerated because of violation 

of City ordinance?

A Because of violations of City ordinances of the 

City of Albany.

Q Did the members of the Albany Movement tell you
that?

A They told me, in conversations with the members, 

that justice had died in Albany, Georgia, on that Tuesday, 

the 11th I think it was, when Dr, Martin Luther King and 

Ralph Abernathy and others were convicted and sentenced



Hearing on Motion For Preliminary Injunction, No. 727 121A

in Recorder’s Court] and that they planned to demonstrate 

until justice was revived in Albany, Georgia.
Q, On each of the marches, to which you have 

referrred and to which you will refer, can you give us 

an estimate of hew long a period of time traffic has 

been blocked or congested, If It has?

MR. HOLLOWELL: Nov?, If it please the Court,

I think I would certainly have to object to this 

question "on each of the marches to which you have 

referred and to which you will refer". He’s going 

to give some information about something that he’s 

going to refer to in the future.

MR. KELLEY: I think he’s correct, Your

Honor. I was just trying to save a little time.

Q During the marches in December, 1961, can you 

give us an estimate as to how long traffic was blocked, 

if it was blocked?
A On various marches, all of the marches, on the 

12th I would say 2 hours or better; on the last march, 

which was on - that Dr. Martin Luther King and Dr. Aber­

nathy and Dr. W. G, Anderson taken part in - It was probably 

from 6 o ’clock until 10:00 or 11:0 0 before we returned to

normal conditions in the City of Albany,
Q Did you block off entire block?
A Yes we'did.
Q Did that have any effect, to your knowledge,

upon the businesses located in those blocks?

A It certainly had an adverse effect on the 

businesses because they were deprived of normal and



Hearing on Motion For Preliminary Injunction, No.727 122A

regulated conditions which they had experienced in the 

past.
Q Did you permit the pedestrian traffic —

MR. HOLLOWELL: Noiaj, may it please the Court, 

here again, I submit that this is a conclusion 

drawn by the Chief of Police. He doesn't know 

what the business situation was. And not only that 

but the hours that he mentioned, I submit that the 

stores, many of them, would be closed anyway.

THE COURT: Well, I think the Chief can

testify about whether people could get to the 

business establishments by virtue of the traffic 

situation, but I don't think he would be qualified 

to testify about what effect it might have had on 

the business itself, but I think the owners of the 

businesses would be better to testify about that.

I sustain the objection.

Q Mr. Kelley: Do you know whether or not

pedestrian traffic was able to get to the businesses 

during these demonstrations?

A During these demonstrations, pedestrian traffic

and the motoring traffic was completely stopped, people 

coming into these areas. The only people that were there 

were the ones that were caught in the area during the demon 
stations.

Q. Or people like you?
A Or people like me and other law enforcement

agents.



Hearing on Motion For Preliminary Injunction, No. 727 123A

Q Now, what were your instructions to your police 

officers as to the conduct of pedestrians in other parts 

of the City, if any?

A They were told to keep the pedestrians, to keep 

them moving, to try to get them away from the area. We 

used, not only voice commands, but we used cars to circle 

the area, using loud speakers for the people to clear the 

area and to cooperate with us.

Q What is the population of Albany?

A The population is roughly 57*000.

Q, And Dougherty County?

A In excess of JO- or 75*000.

Q Do you know what percentage of our population

are Negro?

A I don't know exactly. I think it's between 

33 and 35 per cent.

Q I'll ask you, when did the recent demonstrations

start, if they did?

A They started on the Tuesday that Dr. Martin 

Luther King and Dr. Ralph Abernathy were sentenced and 

placed in the City Jail, to begin a 45 day sentence.

Q Prior to that time during the mass meetings 

sponsored by the Albany Movement, were there any acts of 

violence or throwing of anything?
MR. EOLLOWSLL: Please ask him don't lead the

witness, Your Honor.
Q Mr. Kelley: Well, before Dr. King was

sentenced, was there anything unusual that happened at



Hearing on Motion For Preliminary Injunction, No. 727 124a

any of the mass meetings sponsored by the Albany Movement 
or in proximity thereof?

A They had had large gatherings but nothing to 

compare with after he was placed in jail on his 45 day 

sentence.

Q. After he was placed in jail, relate what 

happened, if anything, which was brought to your atten­

tion as an official of the City?

A After he was placed in jail and decided to 

serve the 45 days, rather than to pay the fine, mass 

meetings were immediately called. And on Tuesday, the 

same day, at 11:3 0 the first march came from the church, 

the two churches that were located there, with approximately 

32 marchers, protesting the jailing of Dr. Martin Luther 

King and of the dying of justice in Albany, Georgia, on 
that date.

Q That night was there a mass meeting?

A Yes, there was.

Q What happened, if anything?

A On that night, there were no further marches, 

but there were great crowds there, I would say 2,000 to 

2,500 probably.

Q Where were they?
A They were - all of these meetings are located 

ut the same place or most of the time during these marches, 

ab Mt. Zion and Shiloh churches.

Q Well, what happened near these meetings, if
anything?



Hearing on Motion Por Preliminary Injunction, No.727 125A

A We had some Instances of rock throwing and 

bottles.

Q Were any of your officers struck?

A Not at that time, no.

Q Do you know whether or not any of your police

equipment and cars have received any injurjr?

A Yes, we've had cars damaged to the extent of 

their beacon light, their red signal lights on top were 

smashed,; bricks throwed against the sides of the cars, 

while they were observing these meetings.

Q Did anything ever happen to your paddy-wagon?

A Yes, during one of these meetings which was held 

at Kolkee Church, Third Klokie, which is located in the south 

part of town, the paddy-wagon's mirror was splashed by 

gun-shot and the paddy-wagon was set on fire by groups 

of people while the officers were out trying to disperse 

the crowd.

Q, Was that In proximity to the church?

A In the immediate area of the church, across

the street in a lot from the church.

Q Prom the church?

A Yes.

Q Now, on December 21, I mean July 21, 19^2 —

MR. HOLLO WELL: Did you say the 21st or 22nd?

MR. KELLEY: 21st.
Q What was the situation in Albany, In .your

Judgment, insofar as the peace, good order and tran­

quility of the City was concerned?



Hearing on Motion For Preliminay Injunction, No.727 1 2 6 A

A On that date on Saturday, we had, the City 

had received an injunction against the Albany Movement.

q Before we get to that now, before the City 

Was granted a restraining order by Judge Elliott, what 

was the situation?
A The situation was very tense, very explosive; 

and, in my honest opinion not only as an individual but 

as a law enforcement officer, it was an erupting point in 

the City of Albany,
Q Had additional State patrolmen been called in 

at that time?

A Yes, they had.

Q Why?
A Because we felt that we needed supplement, 

to see that the peace and the quiet and the dignity 

of this City was preserved at all cost.
Q Were there any other law enforcement officers 

made available to you; if so, who were they?
A The Revenue Department, Agents of the Revenue

Department were made to our use to use in surveillances, 

to use in the crowds; the County police were put under 

my command and members of the Sheriff’s Department were 

placed under my command to supplement my own officers.

0, On Friday, the 21st, approximately how many 

law enforcement officers did you have under your command?

A Mr. Mayor, to —
Q On July 20, I guess it was?
A On the 20th we had approximately 160 to -80



Hearing on Motion For Preliminary Injunction* No. 727 127A

officers under my command in the City of Albany.

Q Was it necessary* or did you* as a matter of 

f a c t *  utilize the services of all of these people?

A Yes* I did* on the following night* Saturday 

the 21st.

Q For what purpose?

A On the 21st of the month of this month, we had 

a march originate from the church* two churches* at 

approximately 10 o'clock. They were led by Rev. Samuel 

Wells* and consisted of l6l people* of which 112 were 

juveniles* to march on the streets of the City of Albany; 

and after which the situation grew so tense and so at the 

erupting point that we had to call out all the law enforce­

ment that I had under my command to assure that the peace 

and the quiet of this City was preserved.

Q From January of 1962 up until July 20 of 1962* 

describe the situation in Albany* insofar as the enforce­

ment of our laws and ordinances are concerned*what hap­

pened from that January until July?

A During this time we had spontaneous demonstra­

tions* such as set-ins and during that time we were still 

under tension* but our forces up until these last demon­

strations started* we were pretty well to normal until the 

return of Dr. Martin Luther King to trial on the 11th of July.

Q At that time d i d  you as a law enforcement 

officer detect anything unusual about the City of Albany 

and Dougherty County?

A After the sentencing of Dr. Martin Luther King*



Hearing on Motion For Preliminary Injunction, No. 727 128A

in my opinion, in my honest opinion, the situation was 

developing into a very serious situation because —

Q Would you say a gradual development?

A It started upon the immediate sentencing of 

Dr. Martin Luther King and Dr.Ralph Abernathy and them 

entering our jail to begin serving a 45-day sentence, they 

immediately began calling mass meetings and the tension 

began to rise.

Q Was that among the Negroes or the whites or who?

A The Negro citizens were aroused at that time

because of their statement that justice had died, and in 

these mass meetings that they had and the multitude cf 

people that they had attending these meetings, naturally 

they aroused the curiosity and whims of the white people 

also In the City of Albany.

MR. HOLLOWELL: Now, we have to object to 

all of these conclusions of the Chief here. I 

don’t think he's qualified, nor has there been 

any foundation laid for him to determine what 

happened in the minds of the whole white community, 

some 50,000 people, based upon the fact that there 

were some Negroes having some meetings out there.

THE COURT: Yes, I don't think he could

testify about what happened or rather what was in the 

minds of the people. I think he can testify about 

what happened and his judgment as an experienced 

officer of what the situation was; but I don't think 

he can testify about what was In the minds of the



Hearing on Motion For Preliminary Injunction, No. 727 129A

people. I sustain the objection.

Q. Mr. Kelley: As a police officer, on July 20

of this year, In your judgment, what was the situation?

A In my opinion and my judgment, the situation 

was very tensej as I have stated, on numerous occasions, 

that the occasion or the situation was of such nature that 

we had to utilize, not only my forces on a 24-hour alert, 

but also the forces of the City, County and State on a 

24-hour alert, stationed and living in the hotels directly 

across the street from the City Hall, where they could be 

mobilized in a matter of minutes.

THE COURT: Now, that question related

to the date, July 21?

MR, KELLEY: July 20.

THE COURT: Your question was July 21.

MR. HOLLO WELL: If it please the Court, the 

question was as to July 20.

THE COURT: Well, suppose you clarify it

by asking the question again because apparently there’s 

some confusion about when you meant.
MR. KELLEY: I intended to say July 20, on

Friday.

MR. HOLLOWELL: That's what I have.
A The Witness: That was my answer as to the

conditions on July 20.
THE COURT: All right, then it will not be

necessary to go over it again. I just wanted to be

sure we had the date right.



Hearing on Motion For Preliminary Injunction, No. 727 130A

Q Mr. Kelley: Now, Chief Pritchett, as a

law enforcement officer, knowing the situation that you 

have described here on July 20, what was your opinion as 

to the necessity of a court order restraining violations 

of City ordinances?

A I thought it was of great demand that this 

restraining order be placed, because I felt that the 

straining point was reaching such that it could snap at 

any time, either on the Negro or the white,* and I felt 

that my men, being under stress and the strain of 24-hour 

a day alert, not only my men but the State Patrol, were at 

the straining point, and I didn't know whether, In my own 

judgment and opinion, that these officers could continue 

to hold their restrain and face the abuse and the intimida­

tion and the insults which they had been confronted with.

And for this reason I felt it was imperative that immediate 

relief be given to us.

Q Even as late as July 20, were the officers 

being intimidated by inflammatory language?

A On various occasions, yes.

Q Do you know that of your own knowledge?

A Yes.

Q Did you hear it yourself?
A We had during these meetings officers stationed 

°-0wn there, where we had to move them from the area to 

afford them protection, in order to afford the Albany 

Movement protection.

Q And other citizens?



Hearing on Motion For Preliminary Injunction, No. 727 131A

A And other citizens, that's correct.

Q In your judgment, after Judge Elliott signed 
this restraining order and it was served upon the 

Defendants, based on your experience as a law enforcement 
officer, and your knowledge of the situation that existed 

here in the City of Albany on July 21 of 1962, state, in 

your opinion, whether or not the signing and serving of 

that order saved lives in Albany, Georgia?

MR. HOLLOWELL: Now, If it please the Court, I 

submit that this is going far beyond the scope in 

which this officer would be able to testify as to the 

effect of the particular order, so far as the matter 
of saving lives is concerned.

THE COURT: I overrule the objection.

A The Witness: I feel that the signing of

these papers and the serving of these Defendants and the 

knowledge that this restraining order was effective as of 

that date and certainly relieved the tension In a great 

amount and, in my opinion, possibly saved violence and 

mob action at the time of this signing.

Q Even so, was there a demonstration that night 
°t> any kina?

A On Saturday night, the 21st, there was a
demonstration.

Q How many were there?
A There was l6l, 112 of which were juveniles, 

del by Rev. Samuel Wells of the Albany Movement, who Is 

an °^icer of the Albany Movement.



Hearing on Motion For Preliminay Injunction, No. 727 132A

MR. HOLLOWELL: May it please the Court, this 

is repeating. H e !s been over that, he has been over 

that, this counsel here and he's been over that again 

this morning and now he's coming back over it again,* 
and I submit that this Is repetitive.

MR. KELLEY: Your Honor please, I am trying

to take It in chronological order. We have a few more 
marches to go.

MR. HOLLOWELL: 1 submit that they've been over 
it twice already.

THE COURT: Well, Mr. Hollowell, he's been

over some phases of it. Now, as I understand the 

reason he's coming back to it, is that he's trying to 

get it into the chronology of what happened after the 

restraining order.

MR. KELLEY: That's right, Your Honor.

THE COURT: And for that reason I will allow

him to go back into It againj but, of course, as I 

have previously stated, I do not want to go over 

matters simply for the purpose of going over them; 

but as I understand, the purpose of it is to get it 

in chronology and I will allow it.

Q Mr. Kelley: Relate what happened, if you

will-> °n that Saturday night, July 21?

A At approximately 10 o'clock there was a 

demonstration and a march of l6l people or more, who 
left the churches and marched through the Harlem district 

into uptown area of the City of Albany. These marchers



Hearing on Motion For Preliminary Injunction, No. 727 133A

brought along with them great numbers of people, which 
congregated and assembled on the southwest and the south­
east corners of the intersection of Oglethorpe and Jackson.
The marchers continued on their way in the number of l6l, 

and when encountered at the Intersection of Broad and Jackson, 

stopped them, Inquired as to their Intentions, related 

their violations of the law, asked them to disperse and go 

about their ’way of life, that we did not want to arrest them 

but we asked for their cooperation In returning to their 

homes and their meetings, they refused to do so and were 

arrested.

Q What was the condition of the crowd at the bus 
station that night?

A At this time the crowd at the bus station on both 
comers -

MR. RACHLIN: May I suggest that the

witness state if he was there or not?

THE COURT: Well now, before we go any

further, let’s have this understood: There are a 

number of counsel, of course, representing the 

Defendants, and I would prefer orderly procedure 

and that one of counsel make objections rather than 

all counsel participating.

MR. HOLLOWELL: Now, if it please the Court, 

there are a number of individual counsel and each 

of the organizations or individuals who are present 

have a right, as I understand the law and procedure, 

to be represented by counselj and if they have their



Hearing on Motion For Preliminary Injunction, No. 727 134A

own counsel here, I would certainly submit that I 

would have no prerogatives insofar as any objection 

that might be made by another counsel who represents 

one of the individual defendants that are herein 

listed as defendants.

THE COURT: I suggest then that we follow

this procedure; that if any of counsel, if any of 

counsel or any of the Defendants have any objection 

they wish to make, that they indicate to the Court 

that they wish a moment to do so, but let only one 

counsel make the objection. In other words, if counsel 

for one particular Defendant wishes to assert an 

objection, let him communicate the objection he 

wants to make to some one counsel and let that 

counsel do all of the talking on the objection.

MR. HOLLOWELL: I would submit, Your Honor, 
that here again I would not want to be saddled with 

this burden. I mean this isn’t as If there was one 

counsel or one group of counsel representing a par­

ticular Individual. You have 4 or 5 or 6 separate 

organizations. They make up the persons who became 

the Defendants; and as a result, each of them is 

entitled to have representation and each of them, 

as I would see it, would certainly have the authority 

to raise an objection pertaining to any particular 

thing, if he felt that it was an appropriate objection. 

And I don’t think that there would be or that we should 

ke saddled with such a burden as to have to make our



Hearing on Motion For Preliminary Injunction, No. 727 135/v

coordination here in connection with raising a par­

ticular objection.
I say this to the Court, certainly we will try 

to do this, in order to expedite the matter and in 

order to make the trial go on, but I donft want to be 

limited to that extent that this would be required 

as a matter of policy and procedure and conduct of 

this trial.
THE COURT: All right, based on represen­

tations by counsel that they will attempt to cooperate 

with the Court, I will relent in my ruling.

MR. HOLLOWELL: Thank you.

THE COURT; And will allow counsel to make

their objections, with the understanding that counsel 

will cooperate with the Court to avoid confusion.

All right, now what was your objection?

MR. RACHLIN: The Chief was testifying as

to an incident at the bus station, and I would like 

to have counsel Inquire whether the Chief was there or 

not.
THE COURT: All right, you may have him

state whether h e ’s speaking from his own knowledge,

Q Mr. Kelley: Were you present?
A I am speaking from eye-witness knowledge. I was 

on the scene.

MR. RACHLIN: I am afraid that Is not

responsive to counsel’s question.
Q Mr. Kelley: State whether or not you were

Present?



Hearing on Motion For Preliminary Injunction, No. 727 13oA

A I was present at the intersection of Oglethorpe 

and Jackson, of which the bus station is located on the 

southwest corner. I was there.

MR. RACHLIN: Excuse me, sir. This still is

not responsive to the question of whether he saw the 

incident but he simply says he was there.

THE COURT:

MR. LEVERETT: 

THE COURT:

Q Mr. Kelley:

gregated there?

A I did.

Suppose you ask him that.

He stated he was an eye-witness. 

Just ask him what he saw.

Did you see the people con-

Q What, if anything, did you do?

A We attempted to disperse this large gathering of 

Negro people there, who were hollering insults and boister­

ous language back and forth across the street, running 

from one side of the street to the other and, in general, 

causing a general disturbance around the vicinity of the 
bus station.

Q What then did you do, if anything?

A We dispersed the crowd.

Q How?

A With the use of personnel of the Albany Police 

Department and other personnel. And also I would like to 

oring out at this time that members of the Albany Movement 

were there policing their own crowd, encouraging them to 

assemble back at the church and not to violate the law and 

n°t to be in this riotous condition; and they were there



Hearing on Motion For preliminary Injunction,, No.727 137A

attempting with loud commands to go back to the church 

and not to have violence there at the time.

Q, Were they successful?

A They along with my officers. We were successful,

yes.
Q What happened to the State Patrolman who 

was hurt, if he was hurt?

A That was not at that time.

Q Not at that time?

A That’s correct.

Q All right sir, now did you have any further

demonstrations after July 21? If so, when?

A We had one on Tuesday, July 24.

Q July 24?

A That’s right, at approximately 10:55 P.M. at
night.

Q Describe that one?

A We had a group of 40 to come, of which 23 of

those were Juveniles, to march from the church. Larger 

groups come out of the church in the march but when they 

reached the intersection of Oglethorpe and Jackson, those 

People stayed on the corners and did not come across. These 

people were arrested for the same thing, and then in turn 

the crowds on the comer that night were in excess of 3- to 

^000 Negro people, which necessitated the use of every man 

that I had under my command, to enter Harlem to try to 

restore peace, at which time officers of my Department 

were struck with bottles, officers of the State Patrol



Hearing on Motion For Preliminay Injunction, No . 727 138A

were struck with rocks, knocking out teeth, and at which 

time we had to disperse this crowd and move them back a 

block or block and a half away from there in order to 

relieve the tension and in order to prevent violence, 

more so than which we had had. The bottles were raining 

on us like mortar shells coming into the middle of the 

street, rocks and bottles. Our men were standing fast, 

giving voice commands. At no time was our sticks, our 

night sticks taken off of our belts. We tried our best to 

control this mob without violence on our part, to let them 

know the only thing we were there for was to see that the 

peace and quiet of the City and no violence was caused, 

and in return we were greeted with rocks and bottles, 

striking my officers and officers under my command.

Q In your opinion, did the demonstration sponsor­

ed by the Albany Movement incite those present to do what 
they did?

A The people when these marchers came —

MR. HOLLO WELL: Nov; may it please the Court, 

here again, I don't think that this man is capable of 

giving Ills opinion based upon knowledge of what 

incitations are, insofar as these particular acts 

are concerned. I don’t think there is any basis or 

a sufficient foundation for him to make this kind 

or give this kind of an opinion statement, £>r It 

would be a complete conclusion.

THE COURT: I think as a police officer he

Can state whether the massing of the people under the



Hearing on Motion For Preliminary Injunction, No. 727 139A

direction of the Albany Movement incited the difficulty.

MR. HOLLOWELL: There Is no testimony to the 

effect that the mass of people were directed by the 

Albany Movement as to this particular Incident. As 

a matter of fact, he indicated that there was some 

40 people, not that there was any massing of a large 

number of people. I am saying that this would not 

be a sufficient basis.

THE COURT: All right, do you want to

rephrase your question, Mr. Kelley?

MR. KELLEY: Yes sir, I will.

THE COURT: I'm inclined to think it's

all right as is but for the record possibly you had 

better bring out more detail.

Q Mr. Kelley: When did this large aggregation

of 3“ or 4,000 people assemble on this night in the area 
of the bus station?

A When these people left the churches, they left —  

Q Which church?

A They left Mt. Zion and from Mt. Zion to Shiloh 

and out of Shiloh into the street. They brought with them 

onlookers from the Mt. Zion and Shiloh churches, and when 

they entered the intersection of Oglethorpe and Jackson, 

only 40 marchers proceeded north, while all of the other 

®asses of people stayed on the corner.

After these people vie re arrested, It was drawn 

my attention by Staff officers of my Department that 
a situation had developed on the intersection of Jackson



Hearing on Motion For Preliminary Injunction, No . 727 iijc

and Oglethorpe to such an extent that it required my 

immediate supervision,- and I immediately went to this 

area and, upon seeing the situation as it was and knowing 

that this situation could erupt at any time, then for the 

first time during all of these demonstrations, I decided 

to take all of my personnel, every man that I had that 

was on the street, just disregarding the office personnel, 

every one of my personnel under my direction entirely into 

the Harlem district to disperse and restore this place back 
to peace and quiet.

And that was the only time that the situation - 

and we went in there with the only idea of restoring peace 

and quiet. And that’s when we were greeted xvith rocks, 

bottles, insults, cusses, being spit upon, being threatened; 

but at no time - and I want to make it known to everybody - 

that these men under my command held the best respect and 

restraint that I have ever seen of law enforcement, to be 

spat upon, rocked and bottled, and still hold their line 
against any of this.

MR. HOLLOWELL: May it please the Court, this 

is about the 1 1th time that w e ’ve had this same thing.

THE COURT: Well, it seems to have happened
about that many times.

MR. HOLLOWELL: I submit that we are talking 
about a specific occasion.

THE COURT: All right.

MR. HOLLOWELL: And this constant repetition 
applies to the same occasion which is certainly improper.



Hearing on Motion For Preliminary Injunction, No. 727 141A

THE COURT: This is the first testimony

about the night of July 24 that w e !ve had, the first

testimony about it. Go ahead, Mr. Kelley.

Q Mr. Kelley: This took place on the night of

July 24, after Judge Tuttle had stayed the restraining order 

issued by Judge Elliott, did it not?

A That’s correct.

BY THE COURT:

Q Was that the worst situation you’ve had compared 

to all the others?

A Yes, sir, It was the most explcdve and dangerous 

situation that we've had here, which could have erupted 

and had bodily harm and possibly death in the City of 

Albany that night.

Q And that happened on the night of July 24, which 

was a few hours after Judge Tuttle had lifted my restraining 
order?

A That's correct, Your Honor.

THE COURT: All right, go ahead.

Q Mr. Kelley: Describe the language and

activities of the people assembled In the area of the bus 

station and across the street?

A Your Honor, if you can Imagine 3“ to 4,000 

Jarring people on either side of the street, jarring at 

y°u, insulting at you, threatening you, Intimidating you, 

spitting at you, throwing rocks, throwing bottles, then 

y°u can imagine the situation that my men and other men 

under my command were placed in that night.



Hearing on Motion For Preliminary Injunction, No. 727 142A

q Did these people congregate only after the —

MR. HOLLOWELL: Ask him where they congre­

gated, may it please the Court. We would like to 

have this counsel to quit leading the witness,

THE COURT: All right, don't lead him, Mr.

Kelley.

MR. KELLEY: I won’t lead him quite so badly.

Q Chief Pritchett, were the people who had been 

congregated at the Shiloh Church participating in this 

activity?

A They would and I would like to state that 

Wyatt T. Walker, Rev, Wyatt T. Walker, Rev. Andy Young and 

others of the Albany Movement, who are associated with the 

Albany Movement, were there attempting and ordering the 

people to return that night, to keep dovm any violencej 

and they were trying to assist us to keep down any bodily 

ham that night. And they were there and we could hear 

them and my men moving these people. Yes, they were a 

part of the Albany Movement and when we dispersed them, 

they went back to the Shiloh and Mt. Zion churches.

Q And things settled down then?

A Things settled down.

Q All right sir, on that same night, do you 

mow of your own knowledge whether or not there were 
any fire alarms?

A Yes, I was requested to put police personnel 

dth fire personnel to answer these false alarms, because 

they were going off in the south of town faster than they 
could answer them.



Hearing on Motion For Preliminary Injunction, No. 727 14 3A

q How many did they have?

A To the best of my knowledge, In excess of 5 or 6.

I was busy with other things and don't know exactly how 

many they had.
Q You did hear the fire trucks though?

A Oh yes.

Q Mere these calls, to your knowledge, in the

south part of town or Harlem?

A Yes, they were.

Q Do you know whether or not there was actually

any fire that night?

A There were no fires that night.

Q Now Chief Pritchett, did you have any other 

demonstrations after that, after the 24th?

A The only other demonstration we have had, not 

of that nature, not of marches, that night after this I was 

informed the next day by Rev. Wyatt T. Walker, an associate 

of Dr. Martin Luther King, that there would be - and by 

Dr. Martin Luther King - that there would be no more night 

marches because they could not control the people and they 

would have to go out on pilgrimages through the City to 

speak to the people and to preach to the people on non­
violence .

Q Did he assume any responsibility for the
violence which had occurred?

A Yes, he did.

Q What did he say?

A He said that they would have to assume part of



Hearing on Motion For Preliminary Injunction, No. 72? 144a

the responsibility because they were here leading the people.
THE COURT: Who said that?

The Witness: Dr. Martin Luther King.

Q Mr. Kelley: I show you PLAINTIFFS' EXHIBIT

No. 5, which is dated July 22, 1962, and ask you what that 

is, if you can identify it?

A This is a joint statement of Dr. Martin Luther 

King Jr. and Dr. W. G. Anderson, President of the Albany Move­

ment, for release on Sunday, July 22. This was immediate press 

release after he held a press conference at the residence of 
Dr. W. G. Anderson that Sunday.

Q Now, Chief Pritchett, what activities have 

been carried on by the Defendants, if any, since that date, 
the 22nd or since the 24th?

A I was looking at this. I was a little confused, 

there have been so many of these. This was on the 22na.

Q Now, since the 24th, after that big demonstra­
tion then, what has been taking place?

A They held other press conferences there at 
the residence of Dr. W. G, Anderson.

Q Have there been any other demonstrations or 
any other activities sponsored by any of the Defendants?

A There have been demonstrations and such at the 
^ty Hall, in groups of 10, 9 or as high as 25 or 28.

Q Did any of these people relate to you why they 
Were demonstrating?

A They were demonstrating because the City 

Commissions, in their own words, "would not yield to their 
demands".



1 4  5AHearing on Motion For Preliminary Injunction, No . 727

q Did they assign any other reason for congregating 

in front of the City Hall?

A Their statement to me was that they were there 

to protest the activities of the City Commission.

Q All right sir. Now, on July 25, I show you 

PLAINTIFFS' EXHIBIT No. 4, and ask you to identify that If 

you can?

A This Is a statement by Dr. Martin Luther King 

and by Dr. ¥. G. Anderson.

THE COURT: Just a moment— Mr, Ho Howell,
what was your question?

MR. HOLLOWELL: I was jut asking what was

the exhibit number. I ’ve got it; thank you, sir.

A The Witness: P-4, which was released at

11:00 A.M. on the 25th of July, 1962.

Q Mr. Kelley: Now, Chief Pritchett, did Dr.

Martin Luther King to your knowledge call or request a day 
of penitence, as he put it?

A Yes, he did.

Q Did you discuss this with any members of the 
Albany Movement or any of these Defendants?

A Yes, I did.

Q During this day of penitence for a 24 hour 
Period, were there any marches or demonstrations or other 

delations of the City ordinances?

A No, there wasn't.

Q. Do you know of your own knowledge how much 
°ney you have had to spend by reason of your activities,

IflOpg ( ■ } ,.ian Y°u would have ordinarily spent, if any?



Hearing on Motion For Preliminary Injunction, No. 7 2 7 146A

THE COURT: Does that now relate to the
Police Department?

MR. KELLEY: Yes sir, to the Police Department.

A The Witness: During these demonstrations

which began in December up until now, it has cost the City 

of Albany in excess of $36,000 above normal expenditures 

which we would have experienced to combat and to pay these 

officers and to feed these officers, to house these 

officers, and to keep them here on alert of 24 hours a 

day, in excess of - this information was given to me by 

the City Manager - in excess of $36,000.

Q Noitf Chief Pritchett, have you discussed the 

matter of marches and demonstrations and other activities 

of the Albany Movement with any of these Defendants recently?

A Yes, I have.

Q What has been their attitude, Mr. Pritchett?

A Their attitude has been such that they felt, 

they said they felt compelled - that they would not have 

any mass demonstrations now, because of the people not 

being willing to follow their non-violence; that they 

would have only small groups, consisting of 10 and as 

high as 27, to come to the City Hall to prayj but they 

said they would not - that they would continue their 

demonstrations and violations of our laws.

Q Did any of these -
BY THE COURT:

Q Said what?

A That they would continue to hold —



Hearing on Motion For Preliminary Injunction, No. 727
7 A

Q That they would continue to do what?

A To demonstrate and not to observe our rules and 
regulations and ordinances of the City of Albany.

Q How recently have these —  now, which 

Defendants have made that statement to you recently?
A Rev. Wyatt T. Walker.

Q Any others?

A I can't recall, Your Honor. I would rather

not answer because I can't recall, and the only one I know 
positively Is Rev. Wyatt T. Walker.

Q That he intends to continue to violate the 
City ordinances?

A He said that he intended to follow the Instruc­
tions of his leader, Dr. Martin Luther King, who has during 

his jail stay had immediate and daily contact with his 

lawyers and people of his organization and instructed them 
as to what the activities would be.

MR. KELLEY:
Chief Pritchett, can you tell us how many people,

mo nave been arrested for participating in the marches
without a permit or other City violations, are repeaters;

how many People have been arrested more than once for the 
same offense?

A There has been in excess of 1,000 or 1100 arrests 
but this involves probably not more than 400 or 450 people, 

ss than 500 people, because of the repeated arrests. For 

stance, Dr. Martin Luther King has two arrests; Dr.

'Person has, I think, one or two. Charlie Jones has 5 or
6
or Maybe 7 arrests. These people would make bond aid



Hearing on Motion for Preliminary Injunction, No, 727 148A

then come back.

Q. Chief Pritchett, after Dr. King was sentenced 

and incarcerated did he state to you, after his fine was 

paid, whether or not he wanted to stay in jail or be 

released?

A He stayed he wanted to remain in jail.

Q Did he assign any reason for that?

A Because he felt it was against his conscience 

to leave the jail, that he would be letting his people down.

Q And what other comment did he have to make about 
his release, if any?

A In my conversation with him after his immediate 

release, he was visibly disturbed because he did not want 
to leave jail, because of his relations to his peoplej and 

that he would continue to remain in Albany, regardless of 

whether he was In or out of jail, to lead this fight.

Q Did he at that time make any mention of the 
ordinances of the City?

A He did.

Q What did he say?

A He stated there in my office on his release 

that he would continue to fight this struggle to do away 

with the evil system of segregation, in his own words.

Q Did he say anything about demonstrations or
®arches, or anything like that?

MR. HOLLOWELL: If It please the Court, counsel

is leading the witness.

THE COURT: Yes, I think that was leading.

MR. KELLEY: Allright, sir, I ’ll withdraw that.



Hearing on Motion For Preliminary Injunction, No. 72 7 149a

q Chief Pritchett, did you hear the Defendant,

Dr. Anderson, on the nationwide television program last 

Sunday?
A I did.

Q Was any mention made by the Defendant Anderson in 

this nationwide television program as to the ordinances of 

the City of Albany?

A There was.

Q What was that?

A He stated in his statement to the audience 

over this MEET THE PRESS that any laws that they felt were 

unjust would not be obeyed or in their conscience were unjust 
would not be obeyed.

Q What reference did he make to the restraining 

order issued by this honorable Court, if any?

A He stated publicly that he did not know whether 

he would obey a restraining order or not, that he would 

have to take it before his Executive Committee and decide 

as to whether or not to honor any Injunction.

Q In your judgment as a law enforcement officer,

Chief Pritchett, and a man charged with the responsibility 

°f enforcing the ordinances of this City and the statutes 

°f this State, Is there a need at this time for an order 

restraining the violation of laws of our City and State?

A In my honest opinion as an individual and as 
khe Chief of Police and the chief law enforcement officer 

the City of Albany, it is my firm belief that a restrain­

t s  order and a permanent Injunction is needed to preserve



Hearing on Motion For Preliminary Injunction, No. 727
150A

the peace and the quiet and the dignity of this City from 
mob violence.

MR. KELLEY: The witness Is with the Court.
CROSS EXAMINATION

BY MR. HOLLO WELL:

Q Chief, you have been the chief law enforcement 
officer here for about how long?

A Since June of 1959.

Q You've had some special training in the handling 
of law enforcement functions, haven't you, Chief?

A 1 have.

Q What are those?

A I attended In 1951 southern police institute for
a period of three months in police administrative and law 
enforcement.

Q This pertained generally to law enforcement 
activities, Is that correct?

A All phases of lav; enforcement activities.

Q And they issue you some certificate, do they
n°t, a copy of which is in your office with your name

beautifully enlarged and inscribed thereon?

A There is a few hanging In that office, yes.

^ In these courses they also - excuse me, strike

a ~ you say there a few: What others are there, Chief?

A There's one from Northwestern.

What was your attendance about there?
A Traffic institute.

Traffic institute, where they teach you how to



Hearing on Motion For Preliminary Injunction, No. 727 151A

better handle traffic problems, and you put those into 

practice In the City of Albany, I suppose?
A I try my best.

Q And you say there were a few others; what others 

are there, there?

A The FBI National Academy, which I attended In

1955.
Q How long was that course?

A Three months.

Q And this was where?

A Washington, D, C.

Q In Washington, D.C., this was in what year?

A 1955.

Q In *55j this was before you went to Newnan?

A Newnan, Georgia.

Q, I mean Newnan, yes; it was before you went to
Newnan?

A That's correct.

Q And are there some others?

A I have attended various schools conducted in the 

State, pertaining to law enforcement In general.

Q Do they have memory courses to help you to 
identify and to retain images and to retain sets of facts, 
do they not?

A It is helpful, yes; none specifically to that 

Phase of police work, where we are taught to memorise all 

°f these things, but it is in general, just police training. 

Q I mean you have others, where they have



Hearing on Motion For Preliminary Injunction, Mo, 727 152A

accidents and they show you certain scenes and have you 
to remember or try to remember that which happened, so 

as to show you how people forget sometimes?

A That is correct.

Q, And you took this kind of study?

A It has been included in the curriculum of these 

schools,

Q How many of these kinds of courses or rather - 

let me rephrase it: How many courses did you attend where 

you had this kind of training?

A I would say some of this training was involved 
in any or all of it.

Q In all of it?

A Yes.

Q So, at least on 4 or 5 occasions you've had

some training that taught you to keep in mind specific 

things, so as to be able to make proper and legal and 

true reports of that which you have seen?

A I would say that it helped to try to enable me 

but not to make it positive in my mind that I can remember 

any given things at any given time.

Q I'm not suggesting that, but you've had these

courses which have gone to the matter of retaining informa­

tion which you receive, so as to give a report that has 

complete verity, insofar as is humanly possible?

A I have, as I have stated before.

Q Now, you were the Chief of Police in November
of «6iy were you not?



Hearing on Motion For Preliminary Injunction, No. 727 153A

A I was.

Q In the City of Albany?

A In the City of Albany.

Q Now, during that time were there any occasions

to make any arrests in the vicinity of the Greyhound Bus 
Station or the Trallways Bus Station?

A There was.

Q Was this subsequent to November 1?

A That's correct.

Q Is it not true that you made arrests or men of 
your staff made arrests of individuals who were ticketed 

and were seeking to utilize what Is known as the main 

waiting room of the Trallways Bus terminal," isn't that 
correct?

MR. LEVERETT: May It please the Court, we

object to this line of testimony, on the ground 

that it's irrelevant and immaterial to the issue 

in this case. There Is another case pending, to which 

this testimony might be relevant, but it has no 

relevancy whatever here, because, even assuming that 

there were some illegal arrests or rather arrests for 

statutes or ordinances which the Defendants claim were 

void, that would not justify any Illegal conduct that 

Is the subject matter of this case.

MR. HOLLOWELL: May I submit to counsel that 

the distinguished Mayor here put In the letter that 

Chief testified relating to what he had said about the 
ICC ruling and the fact that they had not only complied



Hearing on Motion For Preliminary Injunction, No.727 *1X54a

with it but would continue to comply with it; and this 

is in direct and this has opened it up, I submit that 

we have the right under the ordinary elementary law 

of evidence to probe it further. They opened it up;

I did not.

THE COURTS I overrule the objection. Go

ahead.

MR. HOLLOWELL: Mr. Reporter, would you re-read 

the question, please.

THE REPORTER: "Is It not true that you made

arrests or men of your staff made arrests of individuals 

who were ticketed and were seeking to utilize what is 

known as the main waiting room of the Trailways Bus 

terminal; isn’t that correct?

Q Mr. Hollowell: Yes or no, Chief?

A Could I explain myself, explain this answer, Your
Honor?

THE COURT: Yes, yes.

A The Witness: We have made arrests at the

Trailways Bus Station, located in the City of Albany, of 

individuals, both white and colored, who were attempting 

to afford themselves transportation to different parts of 

the State. We have arrested on numbers of occasions these 

People since November 1, and before November 1 of 1961.

Q Mr. Hollowell: And they were arrested, these 

Negroes that - well, excuse me - Were there Negroes arrested 

after November 1 , who were seeking to utilize this facility?

A They were not arrested for seeking to utilize 
this —



Hearing on Motion For Preliminary Injunction, No. 727

q What were they arrested for?

A They were arrested for disturbing the peace.
Q In what, In that what?

A Can I explain that, Your Honor?

THE COURT: Yes sir.

A The Witness: On October 2.6 of last year

we had a police officer killed In the vicinity of the bus 

station by a transit Negro enroute -~

MR. HOLLOWELL; If it please the Court, this 
is not responsive.

MR. LEVERETT: May it please the Court, —

MR. HOLLOWELL: Just a moment, sir —

THE COURT: Now, just a minute, one at a

time and then I will rule. All right, Mr. Hollowell.

MR. HOLLOWELL: My statement was to the effect 

that this answer that he is giving Is not responsive 

to the particular question asked.

THE COURT: Well, the question you asked

him was whether arrests had been made and why they 

had been made and he is answering that question.

MR. HOLLOWELL: I mean, I'm not talking about 
something that happened In the past,* I'm talking about
why were the.particular individuals arrested, on this

particular occasion.

THE COURT: He is answering that. He's

saying that arrests were made and he is explaining 
why they were,

MR. HOLLOWELL: Well, I'll withdraw the question

and ask this question.



Hearing on Motion For Preliminary Injunction, No. 727 156a

Q With what were the people charged who were 

arrested on November 22?

A Your Honor, I still -—

Q —  for using the Trailways?

A Your Honor, I still request an opportunity to 

explain it.

THE COURT: Well, the question now is

with what were the people charged who were arrested 

on a particular date?

A The Witness: Thej/ were charged with disorderly

conduct,

Q Mr. Hollowell: And in what way was their 

conduct disorderly?

A On the days of these arrests there were great 

numbers of colored and white, and due to the tension which 

surrounded the bus station, and due to the death of this 

police officer, which occurred on October 26 —

MR. HOLLOWELL: I would, Your Honor, object to 

these conclusions which are being drawn and state 

that this Is not responsive to the question asked.

THE COURT: I think it Is, Mr. Hollowell.

The question is why were they arrested, and he has 

said that he arrested them for disturbing the peace 

or whatever the charge was, and he is explaining 

why they were arrested.

MR. HOLLOWELL: No, but just a moment, sir, I 

asked with what were they charged and he said 

"disorderly conduct",* and I said, "what about their



Hearing on Motion For Preliminary Injunction, No . 727 157A

conduct was disorderly." Now, I submit that there's 

nothing that happened some months ago could have 

anything to do with what these individuals did.

THE COURT: Well, it might have.

MR. HOLLOWELL: I said, with what were they 

charged and why were they disorderly, not something 

that happened a month ago; why were they disorderly, 

that was the charge at that time.

THE COURT: H e ’s explaining why they were

arrested and I think it's an appropriate answer to the 
question.

MR. HOLLOWELL: But the question is not why were 

they arrested, sir. The question is, in what way were 

they disorderly, because he said this is what the 
charge was.

THE COURT: All right.

Q Mr. Hollowell: Now, in what way were they
disorderly?

A Can I continue?

THE COURT: Yes.

A The Witness: These people, when they were
arrested, there were large groups.

Q Mr. Hollowell: Just a moment, sir.' That is 

n°t responsive. The question was, in what way xvere those 
defendants disorderly?

THE COURT: I think he's going to answer it
if you’ll let him.

MR. HOLLOWELL: But I want to direct his atten-



Hearing on Motion For Preliminary Injunction, No. J2J 158a

tion to the question, sir; In what way were they 
disorderly?

THE COURT: Go ahead, Mr. Witness.

A The Witness; They were charged with disorderly
conduct -

Q Mr. Hollowell: Now, what did they do?

A - by creating a disturbance in the vicinity of

the bus station, due to the fact that there were large 

groups of Negro and white people gathered at this bus 

station, due to the fact that we had a police officer 

killed 5 days prior to the ICC ruling going into effect 
by a transit Negro person —

MR. HOLLOWELL: Now, if it please the Court.

I will have to move that this —  due to the fact of 

something that happened back In October, he said 5 

days prior to the ICC ruling, which would have been 

about the 26th of November, as relates to something 

that we are addressing ourselves on, the 22nd, I mean 

the 26th of October, as relates to something that we 

are addressing ourselves to on November 22, and con­

clusions which he is drawing,* I submit that these are 

conclusions that I have not asked for; it is not 

responsive and I move formally that that portion of 

the answer be stricken,

THE COURT: All right, I sustain the motion

ana it is stricken. Nov/, the question, Chief, is why 

were the people arrested —

MR. HOLLOWELL: As we referred to -



Hearing on Motion For Preliminary Injunction, No . 727 159A

THE COURT: —  to whom counsel has referred,
and in what way were they disorderly?

MR. HOLLOWELL: Disorderly, that’s right, in 
what way were these people disorderly.

Q In other words, Chief, what did these people do 
to cause you to arrest them?

A Attorney, I can ansx^er your question. They were 

charged with disorderly conduct by tending to create a 
disturbance.

Q No, no Chief, I want you to answer what did 
these people do?

THE COURT: He’s answering it, now counsel.

MR. HOLLOWELL: Sir?

THE COURT: He is answeringj he is answer­

ing your question. He says they were charged with 

disorderly conduct, in that - now, go ahead. In that 
they did what, Chief?

A The Witness: That they were tending to

disrupt the peace and quiet of the City. This was the

ordinance they were charged with.

Q Mr. Hollowell: Now what did they do?

A They were there - well, we had large groups —

Q They were where?
A In the waiting room of the Trailways Bus station. 

Q Doing what?
A Walking and sitting in this area, which was made

UP of both white and Negro.

Q Did they curse anybody? They did not, did they?



Hearing on Motion For Preliminary Injunction, No. 727

A They did not cuss anybody.

Q Did they hit anybody?

A They did not hit anybody.

Q Were they normally dressed?

A They were normally dressed.

Q They didn’t make any unusual noise?

A Not to my knowledge.

Q And they didn't strike or attempt to strike

anybody?

A They did not.

Q And they didn’t insult anybody?

A No, they did not.

Q But they were arrested?

A They certainly were.

Q Did you arrest any of the people who were

around - I mean, these folks that you say were around the 

station, did you arrest any of them?
A No, we didn’t.

Q And this happened more than once, didn't it, Chief?
A I believe so.

Q Under the same or similar circumstances?
A Under the exact circumstances.
Q Did you arrest any white persons under the same

°r similar circumstances?
A At that particular time?
Q On the 22nd or any time during the month of

November, ’6l, under the same or similar circumstances?
A Yes, we did.



Hearing on Motion For Preliminary Injunction* No. 727 161A

q Name me one?

A We arrested a number of white people for dis­

orderly conduct in the City of Albany on those dates.

Q For doing what?

A For creating general disturbances in the

City of Albany.
Q Like what?

A By fighting, by acting disorderly, by

cursing, by striking people.

Q None of which things were any of the Negroes 

guilty by your own testimony, right?

A That’s correct.

Q You are charged with the enforcement of all of 

the City ordinances, are you not?

A I am.

Q Do you know whether or not there are any that

require the separation of the races in the use of the public 

facilities, such as the Trailways Bus Station?

A There Is ordinances pertaining to that.

MR. LEVERETT; I think the highest and best 

evidence would be the ordinances.

MR. HOLLO WELL: He can state vihether or not he 

knows and that Is all that he was asked. That’s all I 

asked, whether he knew.

Q You know that there are some, Is that correct?

A I answered that, to my own knowledge, that

ĥere are ordinances of the City of Albany.

Q At the time that you made these arrests of these



Hearing on Motion For Preliminary Injunction, Ho.727

people, who under your own testimony were doing nothing 

except being present - I !m speaking of these Negroes that 

you said that you have arrested subsequent to November 1?

A They were charged with ordinances of the City 

of Albany which pertain to both Negro and white, of ail 

r a c e s ,  color and creed, not only to white and not only to 

colored.
Q But you didn't arrest any whites during that 

period —

A During that period we —

Q Just a moment, please sir —  for Just sitting In 

the waiting room, attending to their own business, not 

hitting, not Insulting and not attempting to strike anybody; 

you didn't arrest any white people during that period or 

since for doing that, have you? Yes or No?

A No.

Q As a matter of fact, on the 10th of December

you even arrested Mrs. Norma Anderson for being in the 

bus station, didn't you?

A I did not.

Q Did one of your men arrest her?

A They did not.

Q Nobody in your Department arrested her on the 

-‘-Oth of December in the Bus Station?

A She was placed in protective custody by me.

Q Oh, placed in protective custody - excuse me - 

y you: Where was she?

A She was in the bus station, I think in the



Hearing on Motion For Preliminary Injunction, No. 727 163A

restauran t, located within the facilities of this bus station.

Q Did she ask for your protection?

A No, but In my judgment and in my opinion as a

law enforcement officer -

Q I didn’t ask you that,* did she ask for It?

MR. LEVERETT: He has a right to explain his

answer.

THE REPORTER: Judge, I cannot report this

with three people talking at one time.

THE COURT: We're not going to have it that

way. I ’m not going to have any argument between counsel.

We’re going to proceed in an orderly fashion. If 

there’s a question to be asked, the question will 

be concluded. If there’s an objection, the objection 

will then be made and I will rule on It and the 

witness will either be permitted to answer or not 

answer the question. Now, the question Is what?

MR. HOLLOWELL: The question is, did she or 

anybody that she commissioned as an agent request 

your protective custody?

THE COURT: Now, in answering that ques­

tion, Mr. Witness, you can answer that yes or no, 

and then If you wish to explain it, you may do so.

A The Witness: I wish to explain it, Your Honor.

THE COURT: You answer it first and then

explain it.

A The Witness: No one asked me, no, for her to
k® Placed in police custody, but I ’would like to elaborate.



Hearing on Motion For Preliminary Injunction, No. 727 x

THE COURT: Go ahead and explain it.

A The Witness: I would like to explain that

in ray opinion as a law enforcement officer, due to the great 
surrounding crowds which were there at the bus station, 
both white and colored, it was to my belief and to my 

knowledge that she be placed in my custody under police 

custody for her own protection, to be taken away from 

there; and at such time when she was taken away from it, 

she was explained the situation and escorted back to her 

residence by police protection of the Albany Police Depart­
ment.

Q Did you take any other persons into protective 
custody on that morning?

A There was a group accompanying Mrs. Anderson.

Q Answer my question, sir?

A Yes, we did.

Q Now, who were they?

A I do not know them by name. There was a group 
accompanying her.

Q How many people were in the waiting room and 
the restaurant at that time?

A I would say a rough estimate In the waiting 
r°om and restaurant and the facilities of the bus station 

or 300 people.

Q I ’m talking about in the waiting room, Chief,* 
how many people In the waiting room?

A x would say 20 or 25.

Q In the waiting room - excuse me. All right, now 
h°w many in the restaurant?



Hearing on Motion For Preliminary Injunction, No. 727
1 6 5 A

A I would say 15 to 20.

Q So, about 35 people in the whole facility, and 

would you suggest that tnat facility is at least as large 

as the distance from the gate here to the end or to the 
bench there, at least that large?

A At least that large.

Q As a matter of fact, your police officers have 

from time to time continued to come through the waiting 

room and to harass and intimidate persons of color who 

utilized that facility at the Trallways, isn't that correct?
A It is not correct.

Q They come in and ask them whether they have 

tickets and 'shouldn’t you go over on the other side, do

you want to be arrested, " - are you submitting that this 
has not happened?

A I am submitting that that Is not true.
Q Thank you, Chief —

THE COURT: Now, at this time I know you
will be probably some time longer -

MR. HOLLOWELL: Yes sir.

THE COURT: At this time we will take a
recess until 2 o ’clock.

IUNCH RECESS: 12:25 PM to 2:00 PM 7-31-62

Q Now Chief, I believe before we adjourned we 

^  discussing the matter of arrest incidents at the Trail- 
' ays station, is that correct?

^ That's correct.

^ And I believe that you stated that they were



Hearing on Motion For Preliminary Injunction, No . 727

arrested just before they were sitting there, or words to 
that effect, is that right?

A I said they were arrested for violating City 

ordinance charging them with disorderly conduct or tending 
to create a general disturbance.

Q Even though they had not been boisterous and 

had not assaulted anyone or attempted to insult any one, 

and even though they were properly dressed and they were 

doing nothing but sitting there, and they had tickets on 

those occasions authorizing them to ride the bus, is that 
correct?

A I couldn't testify as to whether they had 

tickets or not. I seen no tickets personally.

Q You don't deny that they had them?

A I have to deny it; I don’t know it personally
that they had them.

Q I mean you don't deny that they had themj 

you’re merely saying that you didn’t see any, is that right

A I say that I don’t know personally whether they 
had tickets or not.

Q Now, do you recall that back on the 27th of 

November, there was the trial of one Julian Carswell and 

others, pertaining to an incident In the bus station; and 

you had the occasion to testify at that time, did you not?

A That's November the what?
Q 27th?

A On a Monday.
Q Yes?



Hearing on Motion For Preliminary Injunction, No. 727 167A

A I had occasion to testify on that date. 

q Let me show you this document, which is 

entitled "City of Albany versus Julian Carswell, Recorder's 

Court, City of Albany, before His Honor Abner M. Israel, 

November 27, 1961, Dorothy S. Beatty, Official Reporter,

Albany Judicial Circuit, Moultrie, Georgia": You s s y y o u  

have some recollection of testifying at that trial?
A Yes, I do,

Q Is this your name here on page 9, at the top of
the page?

A That's correct, that's my name.

Q That1s your name?

Yes.

What does it say?

"Police Chief Laurie Pritchett, being duly sworn, 
testified as follows".

Q Now, turn each page over from that page to page
If and see if there was any one being examined other than
you?

A (Witness reading transcript handed him) . . .

Q If you can go down the sides, if you don't mind —

A Well, I'm going to examine this thing, the
testimony.

Q I understand that but what I'm saying is, I 
believe there are some indices as to who was being ques­

tioned, and see if you see that anyone else was being 

Xamined other than yourself within those pages?

A (Witness reading transcript) . . .

A

A



Hearing on Motion For Preliminary Injunction, No. 727 168A

Q You1 re on page 17 nowj was there any testimony

within those pages other than - any one being interrogated 

other than you?

A No, there wasn't.

Q "No, there was not"?

A That’s correct.

Q Now, I ’ll ask you whether or not on that 

occasion you were asked the question, "Just the fact 

that they were sitting there, is that right?" And your 
answer was, "That’s right"?

A That’s correct.

Q Now, even as late as June of this year, you

have arrested Negroes or caused them to be arrested because 

of the fact that they sought to utilize the facilities of the 

r̂ailways Bus Station, isn’t that correct?

A It certainly, most certainly is not correct.

Q Are you denying that there have been arrests
made of individuals who did nothing but go in to use those 
facilities?

A I ’m not denying that they were arrested but they 

were not arrested hy officers of my department, onljr on 

complaint of the owners or managers of the bus station.

Warrants were taken and we served those warrants as any 

constituted officer has the authority to do.

Q Do you have a copy of any such warrant?

A A copy of such warrant is on file in the
Sheriff «s office and I feel sure that you could get it.

Q As a matter of fact, the arrests were made before



Hearing on Motion For- Preliminary Injunction, No. 727 1 6 9 A

any warrants were issued, isn’t that correct?

A The people wer taken —

q Well, please, just a moment, Chief,* If you 

will answer it yes or no, and then we will certainly 

permit you to explain: This was the —

A On —

Q Just a moment, sir, let me ask the question:

On the 6th of June, there were LeRoy Rogers, Joseph Pitts 

and Ulysses Crawley who were arrested at the bus terminal 

restuarant, is that correct?

A That’s correct.

Q Was there a warrant obtained before they were

arrested? Yes or No?

A I would like to address myself to His Honor.

Q Yes or no?

THE COURT: You just hold on now, Mr.

Hollowell. The Witness is addressing me now.

A Tne Witness: Your Honor, I would like to

answer this with a "No" but with the understanding 

I can explain it.

THE COURT: You may do so. Answer the

question yes or no and then you explain It in any 

way you wish.

A Tne Witness: No, there was no warrant -

MR. HOLLOWELL: For the record, If it please 

the Court, I would certainly like to say that at no 

time did this counsel intend or desire to cut off any 

explanation by any witness, but we would like to



Hearing on Motion For Preliminary Injunction, No. 727 17 OA

certainly also have the witness understand that we 
are entitled to a categorical answer prior to that

exaplanation.

THE COURT: Nov/, you leave that up to me

to instruct the witness.

MR. HOLLOWELL:; Yes, that's what I'm asking.

THE COURT: I ’ll instruct the witness.

MR. HOLLOWELL:: Thank you very much.

Now, we would like to have the record or the Reporter 

to read what the question is.

THE COURT: He has already the question ’'No",

and now you may go ahead and explain it.

A The Witness: These officers were called to

the bus station, Your Honor, by the operator of the lunch 

room, which is housed in the Trailways Bus Station. They 

were called there because of these people who were there, 

nor ordering anything, not buying anything; they were told

to leave; they refused to do so; he called the officers.

MR. HOLLOWELL:: May it please the Court, just

a moment: I submit that this answer Is not responsive,

inasmuch as there has been no testimony by this 

witness that he was there and saw or heard anything; 

and that this is a matter of opinion and conclusion

upon his part.

THE COURT: Well, suppose we proceed this

way, Mr. Ho Howell: You see, we're not trying this

case before a jury and the danger which might other1 

wise be incident to a witness being allowed to make



Hearing on Motion For Preliminary Injunction, No. 727 171A

statements which might later be deemed immaterial 

does not exist as it would if we had a jury trial. 

Suppose we allow the witness to answer and then If 

you should consider, after he has completed his answer, 

if you consider that he has not responded, that his 

answer is not pertinent to the question, then move 

me to exclude It and I will rule on it.

MR. HOLLOWELL: Very well, Your Honor.

A The Witness: Shall I continue?

THE COURT: Yes, go ahead.

A The Witness: Your Honor, my officers arrived

on the scene, namely Assistant Chief Lairsey, who instructed 

the owner or proprietor of this business that we had no 

right to take these people out of this restaurant because 

of their colorj that If he asked them to leave, he had the 

right to refuse them and if he wished to take warrants, 

then it could be done. And upon this, he said "I will take 

warrants, that I want to take warrants now." The officers 

put the people in their custody and also taken the manager 

or proprietor of this business at the same time to the 

City Hall, where they were held while the man taken a 

warrant and brought the warrant back, and the warrant was 

served on them for trespassing under the State law.

Q Mr. Hollowell: You don't know, as a matter

°f fact, whether there were or were not any items ordered?
Do you?

No, l don’t.

MR. LEVERETT: May it please the Court, that



Hearing on Motion For Preliminary Injunction, No. 727 17 2A

being so, if the Chief was not down there, I think 

all of this testimony would be incompetent.

MR. HOLLOWELL: We submit that only that 

relative to the fact that they ordered certain things 

and that relative to the fact that these persons were 

brought in the car, unless he can further qualify it 

and state the circumstances as of the time that they 

arrived. I would agree that this Is true, but only 

as to that matter, not that which went before.

THE COURT: Weil, there may be some

details in the narrative which are not strictly 

admissible, but I think his question Is an effort 

on the part of the witness to respond to the question 

about the circumstances under which the arrests were 

made, and I'll admit the testimony.

Q Mr. Hollowell: There is nothing to your 

knowledge that the three persons named, namely Rogers,

Pitts and Cauley, were doing other than sitting at the 

counter in the Trailways lunch-room seeking to get food 

or to get servicej there's nothing of your knowledge 

that they were doing other than this?

A Not of my knowledge.

Q And what did you charge them with?
A Under State lav;, trespassing. The proprietor of

'this business charged them.

Q I'm sorry?
A The proprietor of this business or the manager

this business, charged them and swore to the warrant, not 

%  department or any personnel of my department.



Hearing on Motion For Preliminary Injunction, No. 727 173A

Q
A

Q
A

Q
ICC ruling 

commerce - 

to use any 

A 

Q 
A

A

e x p la in .

Did you mean the proprietor, sir?

Swore to the warrant, that’s correct. Hammontreej
What’s his name?

Hammontree, I believe that's correct.

Did you at any time inform him that under the 

that all persons traveling in interstate 

excuse me - were supposed to be authorized 

of those facilities?

I did.

You told him this?

Could I explain this, Your Honor?

THE COURT: The question was, you did?

The Witness: I did, and I would like to

THE COURT: Just a moment, do you have

an objection you wish to make, Mr. Leverett?

MR. LEVERETT: The objection I wanted to make

was that this witness is not a lawyer. Of course, if 

he knows what the ICC ruling was, that's fine.

THE COURT: He says he told him. Now, you

may go ahead and make any explanation of that, that 
you wish.

A The Witness: Your Honor, we were called

Prior to these arrests, that these three people - of these 

three people; and he was instructed by me that we could make 

no ar>rests at this terminal, either in his restaurant or 

n ĥe Premises of this terminal based on race, color or 

creed, that there had to be some violation of the law 

for us to enter into it, and that if he did not wish to



Hearing on Motion For Preliminary In junction, No. 727 17i,

serve them, that he could certainly serve them upon his 

wishes or refuse them and ask them to leave under State 

law, that we did not enforce segregated laws at the bus 

station.

Q, When was it now that you told him this?

A This arrest was on Wednesday and I told him

that on Tuesday, when these people were at the bus station, 

the same people, at 6 o'clock in the afternoon on Tuesday, 

the 5th, or whatever the date was; and my officers were 

called down there, namely Assistant Chief Summer-ford, who 

instructed this owner or proprietor of this business that 

we could not remove these people based on race, color or 

creed and refused to take them out.

Q You didn't hear him say that, did you?

A He followed my instructions.

Q I say, you didn't hear him say that?

A No, I didn't hear him say it because I don't

think the manager will contradict it.

MR. HOLLOWELL: He didn't hear it and I move 
that it be stricken, Your Honor.

THE COURT: Yes, that would not be pertinent

or rather would not be admissible, if the witness didn't 
hear it.

Q Mr. Hollowell: Now, Chief, I believe you 

testified on yesterday that there were some arrests on the 

12th of December, 1961 - right?

A On December 12, 19 6 1, there was.

Q I believe you so testified, di you not?



Hearing on Motion For Preliminary Injunction, No. 72 7 17 5A

A I so testified.
Q And you further stated that you went to Pine 

Street or rather that there was some 267 Negroes arrested 
about 10 o'clock that morning - right?

A In the approximately number of 267 or thereabouts; 
maybe a little more or maybe a little less.

Q That there had been a two hour meeting before 

that time at the church, Mt. Zion to be exact, and that 

Dr. Anderson, M. S. Page and King, Slater King that Is, 
were there; is that correct?

A To the best of my knowledge, that's correct.

Q And that they were walking two-abreast in

a line coming up Jackson Street, and they were stopped 

and asked whether or not they had a permit?

A Who was stopped? Now, are you talking about 
Slater King?

Q The line?

A Whoever was at the head of the line was stopped, 
that's correct.

Q Now, were you at the church on that morning?

A 1 was by that church on a number of occasions.

Q Were you at the church between 8 o'clock and 
10 o'clock, inside the church, on the morning of December 12?

A No.

Q Then, you don't knowwho was in there, of 
your own knowledge?

A To my own knowledge, I do.

Q To your own knowledge, you do when you said 
you weren't there?



Hearing on Motion For Preliminary Injunction, No.727 1?6a

A That's correct.
q Well, Chief, that's interesting to mej tell 

me how you know who was there of your own knowledge if 

you were not there?

A The people who were on surveillance at the 

church relayed this information to me.

Q, No, no, excuse me, Chief: I said of your own 

knowledge?

A Not of my own knowledge but information that 

was sent to me. That's exactly what I testified to.

Q Well, maybe I had better ask you again:

Were you at Mt. Zion Church on December 12, between 

the hours of 8:00 and 10 :00?

A Not inside the church, no.

Q Did you in fact see Dr. Anderson or Slater King 

or Mr. Marion S. Page between the hours of 8:00 and 10:00 AM 

on the morning of December 12, inside that church?

A Not inside it, no.

Q Where did you see them?

A I don’t remember seeing them personally.

Q You don't remember seeing them? Well, don't 

you know that you testified yesterday that you did in 

fact see them and that they were at the church?

A No, I doh’t recall that.

Q You don't deny that you said it?

A I deny that - if I said I saw them, I said 

trough sources of information that was brought to my 
attention.



Hearing on Motion For Preliminary Injunction, No. 727 177A

q You said they were also blocking traffic, this

group?
A That's correct.

Q On that morning, is that correct?

A During the march, that's correct,

Q During the march; and that they blocked traffic

at the red lights?

A That's correct.

Q And that you stopped them, you stopped them 

on that morning and asked them if they had a permit, and 

when they said that they didn't have a permit, they were 

arrested and were brought on to the station; is that 

correct?

A That's correct.

Q Now, calling your attention to the morning of 

the 10th or the 12th of December, I'll ask you whether you 

recollect that there was a trial in session on that morning?

A Yes, there was.

Q You were present at that trial, weren't you?

A I was present off and on during the trial, in

and out, as best I could due to the circumstances.

Q And you were present at the trial until such 

as the group that were walking on that morning had 

actually circled the block in which the station was, isn't 
that correct?

A That's correct.

Q Now, I'll ask you whether or not it was 
ne<cessary for them to cross any streets in the process 

of circling that block?



Hearing on Motion For Preliminary Injunction, No. 727
1 7 8 A

A It was when they arrived there. They crossed 

the street there, to the best of my knowledge, at Pine and 

Jackson, from the west side to the east side.
Q Isn’t it true that, as a matter of fact, when 

you came out they were in the process of circling that 

block?
A They were in the process of coming across

from Rhodes Furniture Company, which is located on the 

west side of Jackson, to the east side of the street.

Q When did you first see them?

A I first saw them as they passed the City Hall 

on the first march around the inside of the block.

Q, So, that was the time you had seen them, that 

you saw them; so, you didn't see them cross any street?

A Yes, I did; I just testified I did.

Q And you say you saw them on the first time

around the block?

A As they were beginning their first march.

Q As they were beginning the first march from
where?

A They had proceeded up the west side of Jackson 

Street to Rhodes, which is located on the southwest, turned 

right which was across Pine or Jackson Street, on to the 
east side of Jackson Avenue, Jackson Street, and proceeded 
east.

Q Proceeded east?
A To Washington, turned right on Washington, went

8outh on Washington, to the best of my knowledge, to Broad,



Hearing on Motion For Preliminary Injunction, No. 727 179A

turned right on Broad and went west, come back to the inter­
section of Broad and Jackson and turned north, come back 

to the City Hall, to the best of my belief and knowledge.

q Now, I believe you were Inside of the courtroom, 

were you not, at the time that they had first arrived in the 

vicinity of the courthouse or the City Hall?

A I was in and out of the courtroom, that's correct. 

Q Now, you said that there were a lot of people 

that were around?

A That's correct.

Q But there were no threats made, is that right?

A Not to my knowledge, that's correct.

Q No businesses closed?

A None closed.

Q Is that right?

A That's correct.

Q No fisticuffs?

A That's correct.

Q No intimidation by anybody? To your knowledge

A I couldn't testify to that.

Q I mean, you can't testify that there was?

A That's correct.

Q That's correct, that you cannot testify that

was any intimidation?
A Yes.
Q How many people would you say were on the street 

between Jackson and Pine or rather Jackson and Washington,

0n Pine Street, that morning between the hours of 9*^5 an(̂  
I0:?rv>



Hearing on Motion For Preliminary Injunction, No. 727 18QA

A I couldn't give you an estimate. I know there 
was over 200 in the march that was on that street.

Q I mean, other than those?

A That I couldn't tell you. I couldn't make a —

Q There wasn't but a few, isn't that correct?

A I tell you, I was more or less interested in

the number; I couldn't testify to the exact number. There

were people going about their business out there, standing

and observing. As to the number I couldn't say.

Q Oh, I see; so, that is right, people were going 

about their business?

A (No answer) . . .

Q And there were no crowds that had assembled?

A Yes, there were crowds that had assembled.

Q Where?

A

tinuing.

In the uptown area where this march was eon-

Q Where in the uptown area?

A Pine, Jackson.

Q How many people?
A That I couldn't say.
Q You said there was a crowd; how many people?

A I would say there was in excess of probably 100.

Q In excess of 100, in the vicinity of the four

corners of Pine, that is Pine and Jackson?
A I would say in the intersection at the corners 

°f Pine and Jackson and Washington and Pine.

Q Maybe 100 people?



Hearing on Motion For Preliminary Injunction, No. 727 181A

A Maybe 100, maybe more.

Q The people were generally going about their

business?
A As best they could, with the interruption of 

everything that was going on there.

Q What was being interrupted? Who was interrupt­

ing anybody?
A These marches were interrupting —

Q Who did they interrupt?

THE COURT: Let him answer the question.

A The Witness: They were interrupting the

normal peace and quiet of this City. The City was not used 

to 200 or more marching in the street.

Q Mr. Kollowell: Tell me who they interrupted?

A They interrupted —

Q Who?

A In my opinion, businesses; the normal flow of 

the traffic, the normal —

Q Did you count anybody who was kept from going 

into a building?

A No, I didn't.

Q Now, who was it that you asked if they had a 

parade permit?

A Attorney, I've asked so many of them —

Q No, I mean on this occasion, sir?

A I do not know who was leading them.

Q But you asked somebody?

A That's correct.



Hearing on Motion For Preliminary Injunction, No. 727 182A

q Where were they when you asked them?

A They were on the east - on the west side of the 

City Hall, on Pine, on the west side coming in, right there 

to the alley adjacent to the City Hall.

Q You mean after you had had your police to direct 

them into the hole there, which Is between the City Hall 

and the next building to the right as you face —

Q That is not correct.

Q That is lAfhen you asked them?

A That's incorrect. They were asked on the 

sidewalk and when they did not have it, and when I told 

them that they were under arrest, after I told them to 

disperse and they refused to do so, they we re placed 

under arrest and then placed Into the alley south, into 

the south end there or the west side of the building.

Q Now, you remember everybody else you asked; 

do you have some notes there that tells you who you 
asked, If any one?

A No.

Q Sir?

A No, I don't.

Q Well, you’ve kept pretty copious notes on these 

matters, haven't you?

A I ’ve tried to keep my memory here but you 

know you’re dealing with so many folks that it's sort of 
hard to keep up with.

Q Well, you were pretty exact on your direct
lamination. Is it your testimony that you have no notes, 

n°r any recollection of the person that you asked if they



Hearing on Motion For Preliminary Injunction, No. 727 I83A

had a parade permit on the morning of December 12, '6l, as 

of the time that you placed the whole group under arrest; 

Is that your testimony?

A No, I don't.

Q In other words, your answer then Is yes, you 

have no recollection and you have no notes indicating who 

the person or persons were that you asked about a parade 

permit, is that correct?

A Leading the parade, that’s correct.

Q, You didn’t charge them with failing to get a 

permit, did you?

A We charged them with -

Q Yes or no?

A Yes, we charged with failing to have a permit

to parade.

Q Now, could you name me one person that was 

arrested on December 12 that you charged with falling to get 

a permit, just one?

A Eddie Jackson. I ’m pretty sure he was in the

crowd.
Q All right now —  excuse me, were you finished?

A I ’m not sure but I think he was.

Q Were you finished?

A Yes.
Q Would you be willing before this trial is over

k° furnish me with a copy of charges of any one - 

A I believe -~
Q —  just a moment sir, that was arrested at that



Hearing on Motion For Preliminary Injunction, No. 727 18 4 A

time, with whom you charged with failure to obtain a 

permit? Would you be willing to do that, sir?

A I think the records are there at the Police 

Department. You could have any of them you want.

Q They would be available?

A They would be available to you.

Q Well, we would like to ask you if you would, 

to accommodate the Court and save time, to bring any records 

which you have?

A You’re their defense; I ’m not handling it - 

you're welcome to any you want.

Q I just want to know whether or not you will or 
will not?

A No, I won’t.

Q But you think you have some?

A You can inquire at the Police Station and the

records are available to any one. They are made public.

0, Chief, If the people were going about their 

business, as you have testified, what caused you to deter­

mine that there was a great amount of tension among both 

°n this morning?

THE COURT: Now, are we still talking about

MR. HOLLOWELL: December 12.

THE COURT: —  December 12?

MR. HOLLOWELL: Yes sir.

A The Witness: I think if the record shows

l̂at, i testified that these people were not, that they 

Were going about their business as best they could, due



Hearing on Motion For Preliminary Injunction, No. 727 185A

to the circumstances of these people who were congregating 

on the sidewalk.

MR, HOLLO WELL: This is not response, may it 

please the Court, and we ask that It be stricken, 

and I will re-ask the question.

THE COURT: I think it is responsive.

I think it was responsive to your question. In what 

respect was it not responsive? You see, the diffi­

culty is, Mr. Hollowell, you phrase your questions 

in such a manner that If he answers it In any other 

way, he will have Indicated that your statement of 

fact is what he testified. He is saying he didn't 

testify what you say he did.

MR. HOLLOWELL: Well, actually there is no —

THE COURT: There's no way he can respond

to a question like except to clarify it.

MR. HOLLOWELL: In this particular instance, 

sir, I don't think I made any statement! I asked him 

In the light of the fact that he said that people were 

going about their business.

THE COURT: Well now, he is trying to make

it clear that he didn't say it that way; that what 

his testimony was is that they were going about their 

business as best they could under the circumstances.

MR. HOLLOWELL: There may be —
THE COURT: You see, there's quite a

difference and in all fairness to the witness, you 

cannot insist upon him answering a question you



Hearing on Motion For Preliminary Injunction,No. 7 2 7 186a

ask him yes or no, when the question is phrased in 

such a manner as to be premised on him having testi­

fied in the manner in which he says he didn't testify.

MR. HOLLOWELL: I will re-direct the question,

sir.
THE COURT: All right.

Q Mr. Ho Howell: Upon what did you base your 

statement on direct that there was tension on this 

occasion?
A Because of the fact that we had In excess of 

200 people who were marching on the streets, congregating 

on the streets, singing, hollering, freedom songs and such, 

where the people of the City of Albany had not been accus­

tomed to this in any way; that this was certainly interrupt­

ing the normal procedure in the City of Albany on this 

day in a way that we had not been accustomed to and In a 

say that the citizens of this City had not been accustomed 

to, when people come up town in such numbers as to com­

pletely surround the uptown area almost entirely; that 

they were not accustomed to this mass demonstration, and 

in such way did cause tension in the City of Albany.
Q. Thank you, so, this is what you base your 

statement on?
A That's what I said and that's what I testify

to.

Q How wide are the sidewalks here in front or 
there in front of the police station; they're about 

between 15 and 20 feet, isn't that correct?



Hearing on Motion For Preliminary Injunction, No. 727 1 6 7 A

A I couldn't testify; I've never measured them, 

to be exact.
Q, Approximately?

A Could be; could be more, could be less.

Q Would you suggest that I would be in error if

I would say that the sidewalks in front of the police station 

and as you generally circle the blocks of Pine, Jackson,

Broad, Washington, are as wide as from where I stand to 

the wall there, Chief?

A It's possible.

Q And you would estimate that to be not less
than 12 feet, would you, Chief?

A I would say approximately 12 feet, maybe more
or maybe less.

Q 12 or 15?
A Could be more, could be less.

Q I believe you said that the people were walking
in a column of two's?

A That's correct.

Q, As a matter of fact, they were also waIking
°n the outside edge of the sidewalk, weren't they?

A That's incorrect.

THE COURT: What was that answer?

The Witness: That was incorrect; they were
not walking on the outside of the street or sidewalk
Q Mr. KoHowell: They were not?
A They were not.
Q Where were they walking?



Hearing on Motion For Preliminary Injunction, No. 727 188A

A They were walking at one time in the middle of 

the sidewalk and the last time they were more or less on 

the Inside next to the buildings.

Q There was at no time then that people were 

unable to pass?
A They could pass going east and west, but they 

could not go into a store, unless they went through the line.

Q Well, wouldn't that depend upon when It happened

to be?
A Certainly it would have to be when they passed 

by the business, whether or not they could get in and out of 

it.

Q But you've already testified that you can't 

name one person that was prevented from going in, that 

wanted to go in; you have stated that this was true, is 
that not so?

A I couldn't testify to anybody who tried to go 

through, but I say that they couldn't have if they had 
tried.

THE COURTi You say they couldn't have

if they had tried?

The Witness: If they had tried, that's

correct.

Q Are you suggesting, Chief, that with a 12-foot 

sidewalk and people walking in a column of 2's, even If 

friey were on the middle of the sidewalk, that would be 

distance of about from here to your foot, and there's 
three times that much difference between you and the wall,



Hearing on Motion For Preliminary Injunction, No. 727 1S9A

that people couldn’t get by?

A If they had been on the outside, they couldn’t 
have gotten through the line.

Q I beg your pardon?

A I said if they had been on the outside of that 

line, they couldn't have come through that line into any 
business on --

Q They could have been - excuse me, if they 

were on the Inside?

A If they had been on the inside.

Q, Or if they had waited a couple of minutes, they

could?
A If they waited an hour or two, I imagine they 

could have.

Q, If they had waited a couple of minutes, they
could?

A No, not a couple of minutes, because that

was there •—

Q You had ■—

THE COURT: Just a minute now, Mr. Hollowed!.

Go ahead.

Q Mr. Kollowell: You didn't have any occasion —

THE COURT: Mr. Ho Howell -

MR. HOLLOWELL: Yes, Your Honor.

THE COURT: The witness was in the process

of answering your previous question and you cut him off.

MR. HOLLOWELL: Well, it was unintentional, sir.

If you'll notice, he has his finger up at his mouth

and I couldn't tell



Hearing on Motion For Preliminary Injunction, No. 727 190A

The Witness: I thought I was audible all

over the courtroom, but I would like to continue —  

MR. HOLLOWELL: There was no intention to cut 
the witness off.

THE COURT: I am sure you didn’t but what­

ever your intention was, let's don’t do it. Now, 

Chief, you go ahead and answer the question Just as 

you were in the process of doing.

A The Witness: I was attempting to state that

people who were walking on the sidewalk normally and had 

wanted, say they were going west on Pine by the City Hall, 

had they wanted to and been on the north side of the side­

walk and wanted to enter the City Hall, that they could not 

have entered until this line had continued and had passed 

in front of the City Hall. If they had been on the south 

side of the sidewalk, they could have.

Q Mr. Hollowell: And you don’t know but what 

the line may have stopped to let somebody through, if the 

occasion arose, do you?

A When I was there, it was a continuous line.

Q I say, you don’t know but what they would have

stopped but you said nobody could get through the line?

A I couldn't testify as to what it would have
tone.

Q I beg your pardon?
A I couldn’t testify as to what it could have

d o n e .

Q So, you saw nobody who was stopped; that's your

testimony?



Hearing on Motion For Preliminary Injunction, No. 727 19IA

A All I saw was a mass of people walking the street.

Q There were no incidents whatsoever surrounding

the walking of this group around the block, was there?

A There were no incidents.

Q If I told you that the paper reported that 

there were small lots of curious white persons who gathered 

in the 200 block of Pine Avenue as the Negroes began their 

demonstration and that it further said no violence occurred, 

would that be a correct delineation of what the situation 
was?

A That would be what the —

MR. LEVERETT: May it please the Court, I

object to the question being propounded in asking 

this witness to pass upon the credibility of the 

paper. I think if he wants to ask him the question 

he can ask him the question as to what happened, or 

did this happen, but to ask him as to whether the 

paper is correct is improper.

MR. H0LL0WELL: If it please the Court, we are 

on cross-examination and there would be no difference 

between my propounding the question in that way than 

in my reading from a particular delineation which has 

already been made. The witness is capable of testifying 

as to whether this is or is not an accurate statement 

of fact and that’s all we're asking him to do. We're 

not asking him to pass upon the credibility but for 

him to state whether or not this is correct.

THE COURT: I will allow the question.



Hearing on Motion For Preliminary Injunction, No. 72? 192A

MR. HOLLOWELL: Thank you, Mr. Reporter, would 
you read the question, please.

THE REPORTER: "If I told you that the paper

reported that there were small lots of curious white 

persons who gathered in the 200 block of Pine Avenue 

as the Negroes began their demonstrations, and that 

it further said no violence occurred, would that be 

a correct delineation of what the situation was?"

A The Witness: At the beginning of this

demonstration, it could be true; but at the end of this 

demonstration, I would have to reserve the right to testify 
to that.

Q. Mr. Hollowell: Well, tell me what the situation 
was at the end?

A At the end of this, after these people were 

put into - under arrest and the booking had started, 

booking procedure had started, there was quite a bit of 

confusion.

Q Well, the demonstration, as you refer to it, 

had ended at that time and they were under your jurisdic­

tion, is that not correct?

A That’s correct.

Q Now, Chief, you testified concerning another

activity which occurred around December 17 or December l6?

A That’s correct.
Q And you further testified that there were

°ther demonstrations, as you put it, between December 12 

and December 16, did you not?



Hearing on Motion For Preliminary Injunction, No. 727 193A

A I did.

Q And I believe you further stated that there 

was great tenseness - and let!s see what the words were - 

"there was great tension and the people were unable to go 

about their business and some of the businesses were closed, 

ana couldn't have normal traffic, and that there were 

intimidating remarks made in certain demonstrations 

between December 12 and December 16, is that correct?

A"7.' That's correct.

Q Now, I want you, if you will, to pin-point for 

me the first demonstration, as you term it, and as I use 

the word it shall be in that light, after the 12th, and 

where it occurred?

A All of these demonstrations originated from 

the same place, out of the same —

Q, Now, what was the date of the next one to which 

you made reference?

A The 13th.
Q December 13, and that one was where?

A Originated from Mt. Zion and Shiloh, and

followed the same route; was stopped at the intersection 

of Broad and Jackson, if my memory is correct.
Q How many people were there involved in that

one?

A Something over 100, between 100 and 200, to 

the best of my knowledge. I don't have the exact figures.

Q And there was no violence in connection with

that one, was there?



Hearing on Motion For Preliminary Injunction, No. 727 194A

A I would like to answer and explain It.

THE COURT: All right.

Q Mr. Hollowell: Was there or was there not any 
violence, Chief?

A There was no violence.

Q There was no violence?

A Can I explain It, Your Honor?

THE COURT: Yes, go ahead.

A The Witness: There was no violence on these

marches and I contribute that to the fact that all of the 

personnel of the Albany Police Department, along with all 

law enforcement In this County, was assigned to the 

immediate area, taking all precautions to see that there 

was none, encouraging by voice commands, also by public 

address system, for the people to cooperate, not to get 

excited, not to do anything which would reflect on the

City of Albany; and through these people, these law

enforcement officers that were there, the whole compart­

ment of the police, the Sheriff’s office and the County 

Police, I feel prevented any violence from occurring.

Q Allright, now on what occasion was this?

A On all occasions.

Q Well, we’re talking about now the 14th: how

many officers did you have assigned — -

A We're talking about the 13th.

Q Beg pardon? Or the 13th?
A All during this week we had all of the officers

assigned to these marches.



Hearing on Motion For Preliminary Injunction, No. 727 19bA

Q On the 13th you had your whole force?

A With the exception of one, I think one automobile, 

to answer calls which we would normally have 5 or 6 cars 

with the addition of 5 or 6 motorcycles.

Q, How many arrests did you make that day, other 

than the persons who were coming down to see some one In the 

City Hall?

A I don’t know. I don’t have the record here.

Q I beg pardon?

A I don’t know how many people were arrested.

Q You don't have an estimate?

A I don't even have an estimate.

Q, Do you have a record that would show how many 

other folk were arrested that day?

A No, I don’t.

Q You don't have any record?

A Not by day, no.

Q, You don’t keep a record of arrests by day at

your City police station?

A No, we don't.

Q How do you keep them, Chief, by what?

A By arrest cards, which you are perfectly invited 

to inspect our record system. We think we have one of the 
best.

Q And they are not kept by date?

A That’s what I testified to.

Q How are they kept, Chief?

A They're kept by arrests, not each day showing how



Hearing on Motion For Preliminary Injunction, No. 727 196A

many arrests or no information is given to me for any day, 

if 15 or 1,000 are made In one day. It's general routine 

for arrests to come In, be booked, processed, proper records 

made and filed in our office, but no daily report as to how 

many drunks, how many this or how many that were arrested.

Q, But you have a report that would show the 

total number of arrests for a particular day?

A Not for the day, for the month.

Q For the month?

A That’s correct.

Q You have a docket, don’t you, an arrest docket?

A That is correct.

Q When a person comes In and he was arrested for

an offense on this particular day, you would have a card 

made out for him?

A Have a record made out, that Is correct.

Q Now, Is this transferred to any other record

that Is kept for that day?

A It is transferred, his previous record if any 

is brought up and attached to this and filed and kept until 

court date. After such court day then, if disposition is 

made, whether by fine or forfeiture or dismissal or what, 

then It Is filed away for future reference.

Q Are the records for the arrests for December 13, 

î th and 15th of 1961 available at your office?

A They are.

Q Isn’t It a custom, Chief, that wherever the 

occasion necessitates, that’s where you send your officers, 

isn’t that so?



Hearing on Motion For Preliminary Injunction, No. 727 197A

A That’s correct.

Q If there Is a serious accident out at the City 

limits, why, you send all available officers out- there, 

isn't that right?

A We send as many as needed.

Q And If there Is some other occasion in some

other part of town that requires the use of the officers, 

you send them there?

A As needed.

Q Do you consider that - you don’t consider that 

when they are being used for any other particular situation 

that demands the attention of the Police Department, that 

they are denying the rest of the town due process and equal 

protection of the laws, do you?

A We have not had —

Q Yes or no, sir?

A I would like to answer that and explain it.

THE COURT: Yes, you may do that.

A The Witness: Rephrase your question there.

Your question there is no and I would like to explain the 

situation.

THE COURT: All right.
A The Witness: We have not had in the City

of Albany any occasion, other than these mass demonstra­

tions, these mass protests, for any of our personnel and 

all of our personnel to be detailed to one spot. We have 

never, until these demonstrations started, had to put 

24 hour alert on foe police officers, keep them housed in 

hotels, keep them housed where they could be brought out



Haring on Motion For Preliminary Injunction, No. 727 198A

at any moment's notice under any circumstances, to see that 

the peace, quiet and tranquility of this City is preserved. 

On all other occasions it is normal routine, where officers 

are on 8-hour shifts, that can answer any calls which we 

receive and effectively handle these situations,- but during 

our experience here in this crisis, during these demon­

strations, during these protests, we have been unable to 

afford equal protection to citizens In the City of Albany, 

due to our having to be in the vicinity of these demonstra­

tions, being there to see that no violence occurred, being 

there to facilitate all of the traffic and handle the pro­

cedure as we saw fit.

Q Now, what do you mean by "facilitate"?

A To see that the people are moving, to see that 

the traffic is handled as best it's possible, to see that 

the people who are in these demonstrations are afford 

protection, that everybody is afforded protection in the 

immediate area.

Q, So that, If this is what the occasion desires 

or demands here, then this is what you do; and if there's 

something happening in another area that demands the full 

attention, then you would give it there, isn't that correct?

A In normal times we would but now we have to 

give them the best we can because we've got everything 

attributed to you all.

Q So this Is what you did, you gave the very 

°est service that you could, consistent with the situation, 

is that right?



Hearing on Motion For Preliminary Injunction, No. 72? 199A

A Under the circumstances of the situation, that's 
correct.

Q And you got around to all, didn't you?

A I don't testify to that -

Q Well, you don't testify —  excuse me —

A —  because there's some that we did not get to.
Q Name me one?

A Well, here recently my detectives -

Q Name me one, Chief - excuse me ~ I don't want 
to cut you off?

THE CHIEF; He Is trying to do it. He's
trying to do it but you cut him off.

A The Witness: My detectives have been assigned
only when they have been in jail to the Rev. Dr. Martin Luther 

King and his associates^ and these burglary calls, or any 

other calls we have been unable to do because we had to 

afford these people ample pro tection and let the other 

section of the City and other people wait.

Q Mr. Hollowell: Chief, name me one?

A 1 don't have them here.

Q Now, on this December l6 occasion - strike that

an<3 let me ask one other question; Is there any person 

that has ever been arrested from the time the so-called 

demonstrations began until December 16, who has been charged 
with the failure to have a parade permit?

A During these - say that again, Attorney?

Q Is there any person or are there any persons 
who were charged with failing to have a parade permit



Hearing on Motion For Preliminary Injunction, No. 727 200A

from the time there was the first so-called demonstration 

up until December 16?

A You’re talking about other people, other than 

the marchers and protesters and demonstrators?

Q I ’m talking about anybody, whether they were 

with a group or not with the group?

A No, there were no other people arrested during 

that time, to my knowledge.

Q, Were there any arrested during that time for 

failure to have a permit?

A These people were arrested for - 

Q Excuse me, sir - if you can answer my question, 

if you know, if you know?

A I ’m attempting to answer his question, Your

Honor.

THE COURT: Yes, I ’m somewhat confused

myself about what is sought to be elicited by the 

question. I'm not clear myself. 1 can understand 

how the witness might not be.

Q Mr. Hollowell: Well, i t ’s very simple, I will 

redirect it, if I might, sir: Were there any charges made 

against anybody by your Police Department between December 

1 and December 16 for failure to have a parade permit?

A Yes, these people were arrested.

Q And tell me one?

A These people were arrested for disorderly 

conduct by creating a general -

Q Excuse me, sir; this is not responsive —



201An̂g on Motion For Preliminary Injunction, No. 727

A I am trying to answer.

Q, I asked you a simple question about parade

permit, not disorderly conduct.

THE COURT: I understand. The question,

Chief, Is was anybody arrested during the period - 

The Witness: Yes, there were, Your Honor.

THE COURT: For failure or for parading

without having a permit?

A The Witness: That Is correct, between

December 1 and December 16, there were people arrested.

Q, Mr. Hollowell: Have you got that In your

notes, let me see your notes, Chief?

A I don't have any notes.

Q Aren't these your notes?

A These are confidential notes that I have down

here that have nothing to do with whether or not anybody 

was arrested, with just the dates of these marches.

Q These are the notes from which you are testify­

ing, aren't they?

A These are to refresh my memory.

Q These are to help you to recollect?

A That's correct, the same as your notes are on
that pad.

MR. HOLLOWELL: Your Honor, vie would like to 

see these notes.

MR. LEVERETT: May it please the Court, I

don't think counsel has a right to see those notes. 

This is a police officer, he may have M s  own personal



Haring on Motion For Preliminary Injunction, No. 727 202A

notes, his own work product; he may have information 

there as to Informers and other confidential matters; 

and I don’t think any right or any rule of procedure 

gives counsel the right to them.

THE COURT: I ’m not going to require him to

show him the notes.

MR. HOLLOWELL: I submit, Your Honor, that if 

these are the notes with which he is refreshing his 

recollection, then we would be entitled to see those 

notes, to see whether or not his recollection was 

accurate and to test his memory as to whether or not 

his recollection was accurate...

THE COURT: I ’m not going to require him

to show them to you.

MR. HOLDOWELL: Very well, sir, the record will

show.

Q Now, your testimony was to the effect that there

was great tension between December 12 and December 16, is 

that correct, in the City of Albany?

A That’s correct.

Q And that you had the occasion to call upon

the services of the State Patrol and other law enforcement 

agencies, to be sure that the peace was preserved; is 
that so?

A That's correct.

Q, On each and every one of them, and that this

caused great tenseness?

A That’s correct.



Hearing on Motion For Preliminary Injunction, No. 727 203A

Q Chief, if I told you that the Albany Herald of

about December 15 said this, could you or could you not 

say whether this was a statement of fact: "Despite a 

half dozen demonstrations by Negroes, the white populace 

has practically ignored the incidents. There has not been 

one racial clash reported, no violence of any kind. Several 

leaders offered their explanation of the situation in sharp 

contrast to the behavior of groups in similar situations 

at other southern cities. Slender, quiet spoken Mayor Asa 

Kelley said one basic reason was that race relations had 

been excellent over the years":

Do you deny that this is accurate?

MR, LEVERETT: May it please the Court, I 

think that question certainly is Incompetent. He 

is asking him to pass upon the conclusions reached 

by the Mayor and again we take the position for the 

purpose of the record that it is immaterial whether 

any of these statements come out of the Albany Herald 

or the Atlanta Journal or any other paper. Counsel 

can ask him the question as to certain state of facts 

and that question can be answered, regardless of whether 

it is In or outside of any paper.

MR, HOLLOWELL: I submit that this is absolutely 

true, Your Honor, and this Is the set of facts that I 

am stating, and I am asking him to merely indicate 

whether or not this is true or whether or not it Is 

not true.

THE COURT: I overrule the objection.



204AHearing on Motion for Preliminary Injunction, No. 727
MR. LEVERETT: May it please the Court, before

the Court rules, I don't think there has been any 

proof that this is in fact an extract from the Albany 

Herald.

THE COURT: Well, here’s my view of the

situation. The witness Is on cross-examination and 

counsel is asking him whether if this statement here 

Is a full and correct statement. Now, I think 

that’s a legitimate question and I will allow the 

question to be asked and the witness can answer 

either yes or no, and whichever way he answers it, 

he can explain his answer If he desires to do so.
Go ahead.

A The Witness: Could I see that piece of paper?

Q Mr. Hollowell: (Handing newspaper clipping to
witness) . . .

A (Witness reading newspaper clipping) . . .

I would like to answer his question and explain it, Your 
Honor.

THE COURT: Mr. Ho Howe 11 -

MR. HOLLOWELL: Yes, Your Honor.

THE COURT: All right, go ahead.

A The Witness: I would like to answer this

question. Give me the question.

THE REPORTER: The question was: "Chief, if

I told you that the Albany Herald of about December 

15 said this, could you or could you not say whether 

this was a statement of fact" —

A The Witness: I would have to answer this

yes and I would, like to explain myself.



Hearing on Motion For Preliminary Injunction, No. 727 205A

THE COURT: Yes, go ahead.

A The Witness: I think - I take no objections
to what is wrote here in this paper by the Associated 

Press, but I still say that the reason that there has 

been no racial disturbance here in the City of Albany 

was that through the efforts of all law enforcement 

officers of the County, supplemented by the State, that 

their total efforts have been aimed at one thing, to see 

that no racial violence of any sort has broken out in the 

City of Albany, through these efforts of these police 

officers, who have devoted themselves entirely to this 

situatxon on 24-hour basis, some working as high as 44 

hours without rest; have eliminated and kept things under 

control in the City of Albany, while devoting their full 

attention to their responsibility to the public and to the 

citizens of the City of Albany, to afford protection to all 

people, to see that no violence has occurred here during 

these demonstrations; and I contribute that to this remark 
here that no violence has erupted in this City.

Q Mr. Ho H owell: As a matter of fact, on many

occasions, you have told even these reporters that the 

situation was at all times under control, haven’t you?
A I have felt all along -

Q Excuse me, sir -

THE COURT: Now, are we talking about,

still talking about December; are we still talking 
about December, 1961?

MR. HOLLOWELL: Actually, that particular 
question related to the general area.



Hearing on Motion For Preliminary Injunction, No. 727 206a

THE COURT: Wasn’t that newspaper article

published in December, 1961?

MR. HOLLOWELL: That particular one was, and 

the question that was related to it, Your Honor, I 

believe has been answered. Now, I was asking another 

question.
THE COURT: I just want the record to be

clear on what date you’re talking about.

MR. HOLLOWELL: That is correct. Now, would 

you re-read the question that was last propounded?

THE REPORTER: "As a matter of fact, on many

occasions you have told even these reporters that the 

situation was at all times under control,, haven't you?"

A The Witness: I would like to answer that yes

and explain myself?

THE COURT: Yes sir.
A The Witness: On all occasions to the

members of the press, radio and all media, it has been 

brought to their attention that there has been no racial 

clashes here, but it has always been brought out due to the 

fact that the police officers and the law enforcement 

officers of this County have done everything within their 

power and everything within their ways and everything 

within their means to prevent this.
Q Mr. Ho H o w e l l : Let me ask you this question:

There is no way in which you consider that the Plaintiffs 

have denied, or rather the Defendants have denied the 

Plaintiffs of due process and equal protection of the law,



Hearing on Motion For Preliminary Injunction, No. 727 207A

other than the fact that, as you say, the total forces or 

nearly the total forces of the police department and those 

under your command have been utilized in the servicing, shall 

we call it, of these so-called "demonstrations" is that 
correct?

MR. LEVERETT: May it please the Court, at

that point I would like to object. Counsel is asking 

the witness a question relating to equal protection and 

due process of the law. The United States Supreme Court 

can't even agree on what is due process and &qual

protection and this witness is not even a lawyer. 

MR. HOLLOWELL: I suggest Your Honor —

THE COURT: You're suggesting that he's
asking for a legal conclusion?

MR. LEVERETT: Yes sir.

THE COURT: I sustain the objection.

MR. HOLLOWELL: Before I can even address 
myself to it?

THE COURT: Well, It seems to me to be so
clear, but go ahead.

MR, HOLLOWELL: Thank you, sir. I submit to 

you sir, that this witness has used that term not 

less than 25 times during the Interrogation both on 

direct and on cross, at least 25 times he has related 

the fact that the use of his force was denying due 

process and equal protection to the other people In 

the community of Albany, at least 25 times; and I 

submit that jay question was proper, in that I asked



Hearing on Motion For Preliminary Injunction, No. 72? 208A

was there anything other than this that in his mind 

was denying due process and equal protection to the 

Plaintiffs and others whom he has mentioned that was 

an activity by the Defendants.

MR. LEVERETT: May it please the Court, No. 1,

this witness has not made reference to "due process". 

No. 2, on the occasions that he has used the term 

"equal protection", I believe that he has used it 

with reference to or in a lay sense, in the terms 

of the fact that he had all of his force concentrated 

in town and he was unable to afford equal protection 

in that lay sense of having his officers out in other 

areas of town.
Now, counsel, on the other hand Is asking this 

witness for equal protection in a legal connotation 

and that is what we take exception to.

THE COURT: Yes.

MR. HOLLOWELL: If It please the Court - excuse

me, sir, may I finish?

THE COURT: Yes.
MR. HOLLOWELL: I don't think that I had indi­

cated in what sense. Now, he has injected a "lay" 

sense. The Chief has been testifying as the chief 

law enforcement officer of the City, with all of this 

experience and all of these opinions have been elected 

on direct, based "upon your knowledge as a police 

officer",* and I ’m saying to him, based upon his know­

ledge as a police officer, have there been any other



Hearing on Motion For Preliminary Injunction, No. 727 209A

things surrounding these so-called "demonstrations", 

which he is testifying is denying due process to the 

Plaintiffs. That’s my question.

THE COURT: Well, I think the way was

phrased does call for a legal conclusion. I suggest 

It would be appropriate, if counsel wishes to do so, 

since it is true thatcthe witness on direct examina­

tion used the term "equal protection of other citi­

zens", I think It would be appropriate and would not 

be subject to objection, if you asked him when he has 

used that term, what has he meant by that term? But 

when you ask him, as you have done in the language 

you have used, I think you’re asking for a legal 
conclusion.

Q Mr. Hoilowell: I will restate the question,

sir, excuse me just a moment: Of course, what I was 

getting at, I think he has explained many times what he 

meant by that, but what I am asking is, Your Honor, whether 

or not there is any other activity based upon his opinion 

and which is associated with these so-called "demonstrations", 

which he has concluded is denying equal protection to the 

Plaintiffs. This Is what I was asking?

THE COURT: In other words, what you're

asking, as I understand it, I think w e ’re really 

dealing in semantics here more than anything else,

I think what you're trying to get from him, Mr. 

Hoilowell, is whether the details xvhich he has related 

are all of the details upon which he relies, in his



Hearing on Motion For Preliminary Injunction, No. 727 210A

claim that equal protection has been denied to other 

people. Is that what you're asking?

MR. HOLLOWELL: I will accept that as the 
question, sir.

THE COURT: I think that would be an

appropriate question and you may ask that, and I 

think you'll get the same information but in a proper 
fashion.

MR. HOLLOWELL: If the Reporter would read the 

question, read the form of the question as - I'm sorry 

strike that - would you read the statement made by the 

Court, and this is the question which we are propound- 

ing to the witness?

THE REPORTER: "In other words, what you're

asking, as I understand it, I think we're really 

dealing in semantics here more than anything else,

I think what you're trying to get from him, Mr. 

Hollowell, is whether the details which he has related 

are all of the details upon which he relies in his

claim that equal protection has been denied to other

people "?

A The Witness: I will answer that yes.

Q Mr. Hollowell: Now, Chief, you testified that

on December 16, there were a number of arrests made between 

the hours of 5:00 and 6 o'clock or thereabout, and that 

Rev. King was In the City and he made the approach down the 

street with a number of people, that they came down from 

Shiloh or up from Ship up the east or north side of Whitney



Hearing on Motion For Preliminary Injunction, No. 727 211A

and made a left turn, and proceeded up the west side of 

South Jackson Street?

A That’s correct.

Q That they were marching or walking rather in

perhaps a column of 2 's generally, and that they were 

stopped by you?

A That’s correct.

Q At Oglethorpe and Jackson?

A That’s correct.

Q That there were hundreds of people around and

that the traffic was blocked by them?

A No, I didn’t testify to that. I said I stopped

them as they entered the street, Oglethorpe Avenue, at the 

Intersection of Jackson and Oglethorpe. There I inquired 

as to their business, whether or not they had a permit, 

instructed them of their violation of the City ordinances, 

asked them to disperse, and when they refused to do so, 

they were placed under arrest, placed in the middle of the 

street in a corridor of police officers, state patrol and 

other law enforcement officers and walked to the City Hall, 

booked, processed and transported out of the City.

Q Nov;, Is it your testimony that you did not

testify that they blocked the streets?

A I did testify that they blocked the streets

on the west side of Jackson Street, from the intersection 

all the way from Whitney to Oglethorpe.
Q Well, you don’t have but one street, do you

Chief, that you cross, and that's at Highland, Isn’t that 

true?



Hearing on Motion For Preliminary Injunction, No. 727 212A

A That's correct. I said the west side from
Whitney to Oglethorpe.

Q Well, I mean they didn't cross but one street

until the time that they were arrested, did they?

A You didn't ask me how many streets. You asked
me what they had blocked.

Q Well, did they?
A They crossed one intersection, that's correct.

Q Did they block that intersection?
A Yes, they did.

Q Against the light?

A They walked with the light but as they passed

through the light, the line was so long that the cycle
changed.

Q Did you see this?

A No, I didn't see it.

Q Then, this is a matter of hearsay, is that
not right? You didn't see it?

A Detectives of my Department.

Q But you didn't see it?

A I told you I didn't see it.

MB. HOLLOWELL: Then, I move that that be

stricken, Your Honor, that which relates to the matter 

of blocking the streets.

THE COURT: Yes, that testimony will better

come from the Detectives.

Q Mr. Hollowell: As a matter of fact, you met

the line at the corner of Jackson and Oglethorpe with this



Hearing on Motion Bor Preliminary Injunction, No. 727 213A

mass of people that were all around and that were being 

kept from going to their businesses, and to and fro in the 

general area, Is that not correct?

A The masses were met at Oglethorpe and Jackson,

where the sidewalk was completely congested, completely 

blocked from there to Highland, by masses of people, 

where people could not enter the Trailways Bus Station, 

where people could not enter the negro businesses, for 

the large group that was congregating and blocking the 
sidewalk.

Q Let me ask you this: Did the people ever stop

walking except at stop signs, prior to the time that you 
stopped them?

A They never did stop walking, that's correct,
until I stopped them.

Q Let me show you DEPENDANTS' EXHIBIT #1 and

ask you to look at it and see if you recognize it?

A I think this, to the best of my - the best I

can see it, it’s a pretty poor picture - but this picture,

I believe, was taken at the intersection of Jackson and 

Broad.

Q. Jackson and what?

A Jackson and Broad.

Q Excuse me a moment - at Jackson and Broad?

A To the best of my belief, it is. They were —

Q Are you sure it wasn't taken at Jackson and

Oglethorpe?

A I'm positive.



Hearing on Motion For Preliminary Injunction,, No. 727 214a

Q You’re not positive?

A I am positive this was not taken there.

Q You are positive that this was not taken there?
A Yes.

Q Allright, as a matter of fact, this is one of
the pictures taken by the Police Department?

A I don’t know whether it was or not. I see no
Albany Police Department name on it.

Q I want you to Identify It for me, Chief - I mean

excuse me, Chief, let me cross that out, If you will, strike 

it -- Do you recognize that as being Dr. King and Dr.

Anderson and others who were arrested on the occasion 

of the l6th, and who were leading that particular line?

A I recognize this to be Dr. Martin Luther King,

Dr. W. G. Anderson, Dr. Ralph Abernathy and Dr. Anderson's 
wife,

Q And you recognize that as being the occasion

that we are discussing, which is the time that they were 
arrested on the 16th of December, 1961?

A That’s right, and this is the intersection of
Broad and Jackson.

Q All right now, I want you to show me this

crowd of people that you’re talking about in this 

exhibit, other than those who are in the line?

A The only thing I can show you is the traffic

backed up there while these people are marching in the 
streets.

Q Who is - under whose custody and direction



Hearing on Motion For Preliminary Injunction, No. 727 215A

are they as of that time?

A They're under the direction of the Police

Department.

Q Allright, now had they been in the street at

any time prior to the time that this police department 

directed them into the street?

A No, they wasn't.

Q Look at DEFENDANTS' EXHIBIT #2, do you recognize

that as a part of that same line?

A I don't know whether it's the same line or not.

It's one of the lines we experienced here In December, at 

the Intersection of Oglethorpe and Jacksonj but whether 

this is the same line or not, I do not know.

Q Do you remember being at a trial on the 27th

of February, at which you had the occasion to examine those 

same photographs?

A Yes, I stated - I testified -

Q Excuse me, sir, excuse me - answer my question,

if you will, sir?

A I testified --

MR. LEVERETT: May it please the Court, I 

think the witness should be permitted to complete 

his answer and give his explanation.

MR. HOLLOWELL: If it please the Court, I 

asked him whether or not he recollected being on 

trial on a particular date, February 27, and having 

identified these same photos, that's my question.

A The Witness: I remember being a witness for

the City but not being on trial.



Hearing on Motion For Preliminary Injunction, No. 727

Q Mr. Hollowell: Well, if I - I didn’t mean, sir

that you were on trial. Have you seen that picture before?
A Yes.

Q Or one like it?

A Yes, I've seen one like it or something similar

to it. I don’t know who made this reproduction or who 
made it.

Q You don't recollect that it was City of Albany'
exhibit?

A Yes.

Q In that particular trial on February 27?
A Yes.

Q, Now, I want to see - I want you to point out to
me the crowds that are associated with the line?

A There's none here in this picture, only the

people who were in mass marches; but I don't know whether —

Q Now, 1 ask you - excuse me - did I ask you

about D~l; show me the crowds in D-l there, please sir?

MR. LEVERETT: May It please the Court, the

witness was about to answer and counsel interrupted

him and asked him another question.

MR. HOLLOWELL: I am sorry.

A The Witness: As far as I am concerned,

this is the City of Albany's Exhibit No. 1, which is 

crossed out here; and I don't know whether It was exhibit 

here of ours or not. It has been completely crossed out.

They have no markings on this picture. I don't know whether 

it was exhibit of ours or not.



H e a r in g  on Motion For Preliminary Injunction, No. 727 217A

Q I ’m not asking you whether it is an exhibit of

yours?

A You said It was.

Q I said it was, yes?

A But you asked me to identify it, which I

cannot identify as City Exhibit.

THE COURT: All right, the witness says he
cannot identify it.

MR. HOLLOWELL: That he cannot identify it as

a City’s exhibit.

Q Do you recognize it as a photo that you have
seen before?

A It is a photo that I have seen like this or

similar to It.

Q No, no, one like that one exactly?

A I would not say it is exactly like it. It's

something similar to it. We have numerous pictures.

Q, Have you had the occasion to be in the court­

room as a witness, other than or where that picture was 

exposed, other than at the hearing on the 27th of February?

A I was in court during the trial of Dr. Martin

Luther King, and we had a lot of pictures in evidence, but 

they were marked as evidence on the back as to the number —

Q. Do you recognize that as being one of theiji?

A No, I don’t.

Q You don’t recognize it; well, let me show you

another ones Do you recognize anybody in there, looking at 

■̂“1 again, other than Dr. King and Dr. Anderson?



Hearing on Motion For Preliminary Injunction, No. 727 218a

A Yes, I do.

Q Who else do you see in there?

A Detectives of my Department.

Q, Detectives of your Department?

A Yes.

Q. Do they look like the detectives that you had

assigned for the protection of Dr. King?

A They are the detectives that were assigned
and stayed with him entirely.

Q Were they with him on this particular walk

from the church up to the City Hall?

A They certainly were.

Q Now, let me show you PLAINTIFFS' EXHIBIT 3

and ask you if you have any recollection of ever seeing 

that photograph before?

A Yes, I do, and I would like to explain this.

I think this picture definitely shows the bus station 

here, a large amount of people, the inability of people 

to cross that street, the Inability of the people to go 

in and out of that bus station, if they wanted to.

Q All right, would you indicate what is being

done in connection with this line?

A It appears to me they're going across the

street.

Q. As a matter of fact, they are a part of the

line which has already been put under arrest, isn't that 

right?

A I couldn't testify to this, ’whether this Is the

same line or not.



Hearing on Motion For Preliminary Injunction, No. 727 219A

Q, Have you ever seen that photo "before?

A Yes, I have. It could have been on the 12th,

it could have been on the 13th or it could have been on 

the l6th. There’s no date here to say what date this march

was.

Q Show me if you might these large groups of

people that have assembled around the line?

A There’s none in that picture.

Q Are these Police Department pictures or some

like them that you’ve seen before?

A They are some similar. 1 couldn't say that they
are police pictures.

Q, Do you have any other pictures of that particu­
lar situation?

A We have particular pictures of all of those
situations.

Q Would you produce them for this Court?

A If my attorneys there wish them for our case.

Q Are they here?

A They are not.

Q Do you know that they are not here?

A I am positive that they are not here.

Q Let me show you DEFENDANTS' EXHIBIT #5, and

ask you do you recognize DEFENDANTS' EXHIBIT #5; and, if 

you do, tell me what that Is?

A This shows the marchers as they were being

^arched to the City Hall. This also shows the Inability 

°f people to use this street, to use any street that Is



Hearing on Motion For Preliminary Injunction, No. 72? 220A

nearby. It also shows the large amount of the crowd in the 

southeast corner here, of people •—

Q How many - I ’m sorry - go ahead?

A —  and the inability to use these streets as

they have normally been used to in normal times before 

these mass demonstrations attempted to override and take 

over the City.

Q How many people do you see, other than those who

are In the line or the police officers, or the persons who 

are presumed to be connected with the press?

A A large number of people but I'm unable to count

them.

Q About how many?

A I couldn't testify to how many because I can’t

count them.

THE COURTi Suppose at this point, before

we go further, we take about a 10-minute recess.

RECESS: 3:35 PM to 3:45 PM 7-31-62
Q, Mr. Hollowell: Chief, If my memory serves me

correct, you testified that you stopped Rev. King and Dr. 

Anderson and Rev. Abernathy there at the corner of Oglethorpe

South Jackson -right?

A That’s correct.

Q And asked them If they had a parade permit?

A Yes.

Q Now, calling your attention to the 27th of

February, I will ask you isn’t it true that you were a 

witness at the hearing in which those said persons were 

tried for failure to obtain a permit,* that is, Chapter



H e a r in g  On Motion For Preliminary Injunction, No, 727 221A

24, Section 35?

A Could I see that?

Q I asked you, Chief, whether or not you were a
witness?

A

Q
A

Q

Is that February of this year?

February of this year, the 27th.

I was a witness at the trial of Dr. W. G. Anderson. 

I will ask you whether or not on that trial you 
were asked these questions and you gave these answers;

MR. LEVERETT: May it please the Court, before

he goes into this, I don’t believe this was gone into 
on direct.

MR. HOLLOWELL: I beg your pardon?

MR. LEVERETT: This matter was not gone into
on direct examination.

THE COURT: Well, of course, I presume that

counsel is questioning him about some testimony that 

he gave at that time, which might or might not be at 

variance with the testimony that he has given here.

MR. HOLLOWELL: That is correct.

THE COURT: All right, go ahead. You may
proceed.

Q (Mr. Hollwell reading from transcript):

"Have you seen" - excuse me, strike that, sir - "Question:

I mean, is there anything that tells what a parade is?

Answer; Nothing here. It says any parade or demonstration.

It doesn’t give the definition of what constitutes a 

Parade, Question: There is no place where you see in



Hearing on Motion For Preliminary Injunction,, No. 727 2 2 2 A

the Code that defines what a parade is, isn't that right?

I don't see it in this book. Question: Have you seen any 

place that indicates what a demonstration is in the City 

Code? Answer; No, I haven't. Then, it Is whatever you 

make it, isn't it, sir? In my opinion. Question - The 

Answer: In my opinion. Question: In other words, It Is 

whatever your opinion construes to be a parade, that is 

what a parade is, isn't that correct? Answer: As far as 

this case is concerned, that is my opinion."

Is it not true that those questions were asked

of you on that occasion and those are the answers
that you gave?

A If my memory serves me right, that is correct.

Q Now, you were never south, on that occasion

you were never south - strike that, sir - Referring back 

to the time when the arrests were made on the 16th, at the 

time that you stopped the line which you said had never 

stopped until you stopped it, is it not true that you at 

no time were ever to the south of Jackson and Oglethorpe?

A At the time of this arrest?

Q Yes?

A That's correct.

Q Now, did you have the occasion to arrest

any people outside of the Immediate area of the line of 

walking on this particular occasion?

A Not to my knowledge, no.

Q Were people going about their business during

this particular time and shopping in the heart of town?



Hearing on Motion For Preliminary Injunction, No. 727 223A

A On this parade that you are —

Q On that date?

A On the 35th?

Q On the 16th?

A I would like to answer that and explain it, Your
Honor.

THE COURT: Go ahead.

A The Witness: They were going about their

business and I say this in effect, that they were as best 

they could due to the circumstances which were surrounding 

the City of Albany at that time, due to the fact that the 

streets were blocked off, due to the fact that the streets 

were full of people, due to the fact that it taken from 2 

to 3 hours to process and to get these people out of the 

street completely away from the area; that these people 

then did the best they could under the circumstances which 

were caused by these demonstrators or masses of people 

which were protesting in town.

Q Well, there were no persons who were arrested

or complained to you about the inconvenience of being able 

to shop, were there, Chief?

A I had numerous complaints from people who were

inconvenienced and couldn’t shop in the uptown area due 

to these circumstances.

Q Name me one?

A I don’t recall. They were numerous, I said.

Q, Well, just one, if they were that numerous,

certainly you would remember one: Name me one?



Hearing on Motion For Preliminary Injunction,. No. 727 224A

A Well, for one, my wife,

Q Anybody else?

A You just asked for one. I don't remember but I
know there were others

Q Do you remember another? You said they were
numerous. Do you know another?

A I don't remember. They were statements that were

given to me on the streets, statements given to me on the 

telephone and wanting to know why they couldn't get up town, 

wanted to know why this and why that. Numerous complaints 
come in.

Q But you can't name any, other than Mrs. Pritchett?
A That's correct.

Q Allright; as a matter of fact, there was no
trouble whatsoever, was there?

A There was plenty of trouble up there, yes.

Q Now, let me ask you this question: Calling

your attention again to this particular trial on the 27th 

of February, I'll ask you whether or not you were asked 

these questions and you gave these answers: The question 

was "whether or not there were any arrests made of persons 

in other portions of the City, who may have been in congested 

areas as they crossed the sidewalk? Answer: There were 

none arrested. Now, I would like to explain myself on that. 

Question: All right, you may explain that? Answer: Now, 

the reason for no arrests of anyone else was that these 

People were congregated from all over the streets, we 

instructed them to move on and every one dispersed and



Hearing on Motion For Preliminary Injunction, No. 727 225A

moved on; no one was standing, everybody was walking; we 
had no trouble whatsoever";

Was that not your testimony? Yes or no?

A I would like to answer this and explain it,
Your Honor.

THE COURT: Yes.

Q. Mr. Hollowell: The question is, was that your
testimony?

A That is my testimony and, as I stated before,
the reason for this was that the people were instructed, 

commanded by our law enforcement officers who were there, 

and they obeyed and did everything within their power to 
cooperate with us.

MR. HOLLOWELL: Now, may It please the Court, 
we would like to have all of that stricken about 

what his law enforcement officers said to people 

somewhere else that he didn’t testify that he saw 
or did.

THE COURT: Well, I ’m not sure what, If

any of it, falls In that category. I think h e ’s 

entitled to explain his testimony. You asked him 

If that’s what he testified, the way he testified 

and he said It was, and then he is explaining why that 

was his testimony. I think the witness is entitled 

to some latitude, just as you are entitled to latitude 

in cross-examining him.

MR. HOLLOWELL: Well, may I say this, Your 

Honor, I submit that this is an explanation which he 
is giving.



Hearing on Motion For Preliminary Injunction, No. 727 226a

THE COURT: He Is now, and the record

shows it, that he testified that was at some hearing 

to which you referred in February. Now, having so 

answered, he is entitled to explain it. So, I admit 
the testimony.

Q Mr. Hollowell: Now, you didn’t stop the opera­
tion of the City, just because these marches as you 

refer to them were in progress, did you, Chief?

A We never stopped the operations of the City.

We increased the operations of the City by adding supple­

ment officers here to take care of the situation. We 

increased the operations of the City above normal to take 

care of all of this business. We didn’t decrease anything.

Q So, things went along —

A We increased our forces to take care of the
situation, but had to decrease the services to the other 

citizens to afford the protection of these people during 
these demonstrations.

Q Name one to whom you decreased your protection,
name me one?

A I would say a great number —

Q That called upon you for it and you didn’t give
it?

A I would say that we deprived the people of all
areas of the City by not having the personnel that we nor­
mally have in those areas.

Q Can you name me one person that you were unable
to serve that requested service?



Hearing on Motion For Preliminary Injunction, No. 727 227A

A No, I can't name them.

Q Now, let’s move down a little further to

January: There weren’t any other activities along this 

line during the month of December, were there?

A Ail during the month of December, from the

12th to the l6th,

Q We just talked about the 16th?

A You asked me during the month of December and I

answered your question, Attorney.

Q Were there any from the l6th to the 30th?

A No marches.

Q No violence?

A That’s correct.

Q You had a peaceful city?

A I would like to answer that and explain it

THE COURT: Very well.

A The Witness: It was a peaceful City due

the fact that there had been a cooling off period of 60 

days agreeable by the Albany Movement and the City offi­

cials, that these trials or no demonstrations would take 

place during this period, and that no implications or 

nothing would take place during this period of time; and 

that’s the reason there was none.
Q Mr. Hollowell: This is your opinion?

A This is my answer.

Q I say, this is your opinion?

A That Is the statement that I received from the

members of the Albany Movement, that I can testify to.



Hearing on Motion For Preliminary Injunction, No. 727 226A

Q I mean as you say, these are the reasons why

and I say this is your opinion as to the reasons why?

A This is the statement that I make,, that!s
correct.

Q Now, at all times from November that we have

discussed and through December up until this time, the 

persons that you had association with in connection with 

the Albany Movement were, even in their statements to you, 

protesting the processes of segregation in the City of 

Albany as related to facilities of the City, as related to 

the buses and as related to employment, is that correct?

A I would like to answer that and explain it,
Your Honor.

THE COURT: Go right ahead.

A The Witness: That is correct. The Albany
Movement relayed these things to me and in turn I relayed 

to the Albany Movement, to Dr. Martin Luther King and other 

members of the Albany Movement and other groups that were 

associated with them, that the City of Albany Police 

Department was not enforcing any segregated laxvs inside 

the City limits, had not made any arrests based on segre­

gation during this time; that the only thing we ask you to 

tfo was to abide by our rules, our ordinances and laws of the 

City, which you refuse to do in regards to parading without 

a permit, congregating on the sidewalk, and failing to obey 

an officer, of blocking the traffic. We informed you that 

had not on any occasion made a case based on segregation 
°r- race, color or creed.

Q. But you just said that you were going to



H e a r i n g  on Motion For Preliminary Injunction, No. 727 2 2 9k

enforce the laws and the ordinances, is that not correct?

A Pertaining to —

Q The laws and ordinances •—

A Pertaining to —

Q Just a moment —

A Pertaining to the laws which I just have given

you as to parading without a permit, congregating on the 

sidewalks, blocking the flow of traffic, failing to obey 

an officer, and any other ordinance, such as disorderly 

conduct. We informed you that vie had and would not at 

any time make arrests on segregation, based on race, 

color or creed; and I ask you to produce to me one arrest 
based on this.

Q Oh, you would?
A Yes, I would.

Q Are you suggesting that you would not enforce

the segregation ordinances as delineated in the Albany Code, 
Chief?

A I ’m telling you that vie haven’t.

Q Beg pardon? You haven’t?

A That’s correct.

Q. Are you saying that as the Chief law enforce­
ment officer, you have not and don’t propose to?

A We have had no reason to enforce any of the

segregation laws that are on our books. I would say to 

y°u that as chief law enforcement officer of the City of 

Albany that I have not enforced any segregated laws since 

*'ve been here, since December or since June of 1959; and



Hearing on Motion For Preliminary Injunction, No. 727 23 OA

I respectfully ask you to produce some, if I have.

Q And this goes to your Department also?

A This goes to my Department.

Q, Now, what you actually do is arrest them for

say loitering or vagrancy or for disorderly conduct, or 

conspiring to breach the peace; this is the kind of charge 

that you make generally, Isn't it, Chief?

A We make the charge which they are in violation
of, that's correct.

Q Do you recollect on this same morning of the 27th

of February that the trial was almost completely disrupted, 

because one person by the name of Zellner and who was of 

Caucasian extraction took the liberty to sit with some of 

his Negro friends and this almost disrupted the court, 
didn't it?

A I fail to agree with you there because this

courtroom had no segregation in this courtroom except 

first come-first served and was announced to the public 
when we opened the court.

Q Nobody was asked to move?

A To my knowledge, no.

Q Let me ask you, do you remember a young man by
the name of Sherrod, who was a person of my extraction and 

who was sitting on the side which is usually reserved to 

white persons, and whether or not this also caused gpeat 

concern by your Department, and that he was about to be 

forcibly moved prior to the time that the particular 

Judge, being Judge Israel, asked counsel who is now



Hearing on Motion For Preliminary Injunction, No. 727 231A

addressing you to go back and speak to the young man; 

do you remember that?

A I donft remember exactly,

Q Well, what do you remember un-exactly?

A I don't remember - I remember situations up

there but I do not remember this particular situation, as 

to whether or not j/ou talked with Judge Israel, or you 

talked with anybody, I testified just a few minutes ago 

that the courtroom is on first-come first-served, that to 

my knowledge no incidents were there.

Q Are you denying that these incidents took place?

A No, I ’m not denying it. I'm saying - not to my

knowledge.
Q Let me call your attention to the date of

January 15, 19^2: You had the occasion to make an arrest 

of Charles Jones and Charles Sherrod and they were taken 

to court for Idling and loafing, is that not correct?

A What date was this?

Q The 15th of January, of *62?

A I remember Charlie being arrested on a number

of occasions. I don't remember exactly this.

Q You don't remember this occasion; do you remember

A He was arrested 6 or 7 times.

Q, Do you recall that they were In the bus station

also and they were arrested and that when they came to trial, 

this charge was thrown out, and that Attorney Rawls said,

"That won’t stand upj we’ve got to charge these niggers with 

something'' - do you remember that?



Hearing on Motion For Preliminary Injunction, No. J2J 232A

A I do not. I will address myself In answering

this question and ask to explain the situation, Your Honor.

We had a Recorder's Court Judge, who was in possession of 

this Court; when the charges - when the case was presented, 

he in his own direction asked that the case be dismissed 

and he In turn taken a State warrant for trespassing himself, 

as he is a Justice of the Peace and had the authority to do 

so in his Court, when he sees that there is a direct viola­

tion of State Law. And he instructed the City counsel, the 

City Attorney, to drop this case and he in turn taken a 
State warrant for State violation of the law.

Q Was that before or after the statement made
by Attorney Rawls?

A I don't know anything about a statement of
this type and cannot testify to it.

Q Attorney King was there on that occasion, was
he not?

A I don't care who was there.

MR. HOLLOWELL: May It please the Court, we 
will ask that the Court instruct the witness to answer 
the question asked.

A The Witness: I've answered the question,
Your Honor, on three different occasions.

MR. HOLLOWELL: I am addressing the Court —
Just a minute.

THE COURT: Just a moment.'

MR. HOLLOWELL: The question was, whether or 
not Attorney King was there on that occasion, If he 
knows.



H e a r in g  on motion For Preliminary Injunction, No. 727 233A

THE COURT: I think possibly the witness

didn't realize you were asking him a question or were 

simply making a statement. Chief, the question was 

asked whether you knew whether Attorney King was 

present on that occasion: Do you know whether he 
was or not?

THE WITNESS: 

THE COURT: 

The Witness: 

THE COURT:

When this statement was made? 
Yes.

Not to my knowledge, no sir. 
All right.

Q Mr. Hollowell: Do you recall 'whether or not
Rev. Gay was there?

A No, I don *t, not to my knowledge. I cannot
remember Rev. Benjamin Gay there. He possibly could but 

now I can't remember it, unless you can show me something 
to refresh my memory on it.

Q What about Mr. Page or Mr. Slater King?
A Who was being tried?

Q Beg pardon?

A Who was on trial?

Q These two persons, Charles Jones and Sherrod?

A I believe that Slater was there but I couldn't
testify as to whether he was. It's my belief, I»ve seen him 
So many times here in the last 7 or 8 months.

y Once again I ask you if you were in court on
7th of November, 1961, were you not?

A Whose trial was this?

Q In the case of the City versus Blanton Hall?



Hearing on Motion For Preliminary Injunction,No. 727 234a

A I suppose so.

Q Sir?

A May I refresh my recollection from this thing
here? Show me.

Q Well, let's see; you want to see - I believe
It shows Captain Friend was the Chief --

A I don't see where I was there ~

Q Just a moment - Captain Friend was the chief

City witness, and I ask you whether you have a recollection 

of being there on that occasion?

A Not to my knowledge, I don't.

Q You have no recollection of being there?

A If you could refresh my memory with some

article, I will be glad to try to remember.

Q, Now then, let' s pursue the matter for a few

minutes, Chief; Let's see, is that your name, right there, 
sir?

A This is, "Chief of Police, Your Honor,

Secretary of the Student Non-Violent Coordinating 

Committee, who came here from Atlanta, was disturbing 
the court."

Q Did you make that statement?

A What's this in, the Sherrod thing? Blanton

I don't remember making it, Your Honor. I could 

have, Attorney, and I couldn't. I don't remember.

Q You don't deny, I mean that is your name there,
the Chief of Police Pritchett, colon?

A Yes, that's what it says.

Q And it says, "Your Honor, the Secretary of



H e a r in g  on Motion For Preliminary Injunction, No. 727 235A

Student Non-Violent Organization who came here from 
Atlanta, who is disturbing your court", that's the 
statement?

A That's the statement, yes.

Q And it's attributed to you?

A My name is there but I don’t remember making
that statement. But I don't —  it's possible I did and 

possible I didn't, I don’t remember. And there's nothing 

tnere directing anything to me. It just says my name.

I don't remember. It's possible that I did. I don't deny 
it and X don’t claim it.

Q And then the Court says, "Will counsel approach
the bench, please, I want to try this case here today with 

as little interference and disruption of the orderly judi­

cial processes as you are entitled to. What is now being 

injected into this case would be something extraneous 

and make it difficult for us to conduct it in a judicial 

atmosphere; to test one thing at a time, I think that 

would be the wiser thing from the best judgment this 

Court is able to suggest. I'm asking you to tell him to 

remove himself from where he is sitting and we will conclude 

this case and then dispose of anything else that is neces- 
sary" _ you recollect that this is true? And then, it 

Says Ho 11 owe 11: I would like to make this clear" and I 
,fent on to make a statement.

A I remember the Judge directing you to something
but X was no part of the case.

Q Well, you called it to his attention and that



Hearing on Motion For Preliminary Injunction, No. 727 236A

was the result of three of your great big officers having 

their hands upon the particular subject and about to bodily 

remove him from the seat in which he was sitting; Is that 
correct?

A That’s incorrect as far as I'm concerned. I

have stated here that this case here, I ’m not tie re every 

time; if I'm not a witness, I was not a witness in this case. 

I know I was there for a few minutes. As to what happened 

there, I do not Know. I remember the Judge directing quest­

ions to you but not to me; and to the best of my belief I 
Just can't answer.

Q But you don’t deny that you directed this
matter to his attention?

A I don’t know whether he asked me a question
or not.

Q That Isn't the question, sir. I say you don’t
toy, you don’t say that this record is incorrect?

A No, I don't say it’s Incorrect and I don't say
it's correct either.

Q Chief, you know that there is a segregation
ordinance dealing with the separation of - I ’m sorry - 

dealing with the matter of signs being on the taxicabs, 
indicating white and Negro, and that —

MR. LEVERETT: May it please the Court —

Q Mr. Hollowell: —  and that there Is also an

ordinance, which requires thatwhite drivers only drive 

white persons and Negro drivers only Negro persons; you 

0w there is such an ordinance, do you not?



Searing on Motion For Preliminary Injunction, No. 727 237A

MR. LEVERETT: May it please the Court, before
the witness answers, I object to that question, on 

the ground that it's immaterial and Irrelevant in 

this case, has no relevance to the issues involved 

in this case, was not gone into on direct examination.

MR. HOLLOWELL: Allright, If it please the 

Court, I submit that the Chief has testified that 

he isn’t and hasn’t enforced the segregation laws 

as relates to Negroes in the City of Albany, as I 

understood his testimony; and I want to be clear in 

my mind and for the record, inasmuch as he has also 

testified that even all of these persons who are 

Defendants from time to time have Indicated that 

the purpose for their seeking audiences with the 

City Commission and the multiple discussions has 

been for the elimination of segregation; and I 

certainly think that it is properto have his 

attention addressed to the City ordinances which 

require segregation, and to have him to indicate 

for this Court and for this record whether he does 

or does not and intends or intends not to enforce 

these ordinances which are on the City Code's books.

THE COURT: Well, the only reason for

being gone into here at all, of course, would be the 

fact that the Chief has testified that he has not 

made cases for the enforcement of any segregation 

ordinances. That’s the only way that it becomes 

pertinent. In other words, I will allow the question



Hearing on Motion For Preliminary Injunction, No. 727 236A

to be asked, simply for the purpose of cross-examina­
tion on that point.

I do not intend now by allowing you to ask him 

this, just as I have allowed you to ask some other 

questions for the purpose of cross-examination, I 

do not Intend during the course of this proceeding 

to go into the collateral questions which are raised 

by other litigation which is pending at this time, 

concerning which and with which we are all familiar.

But I do allow the question for the purpose stated.

MR. HOLLOWELL: Thank you, sir.

Q Will you answer the question?

A Will you state it again, Attorney.

Q I can make It briefly to keep the clerk from

having to read It: Do you enforce the segregation laws 

as relates to taxicabs? The segregation laws under the 

ordinances of the City of Albany?

A We do have ordinances pertaining to segregation

people in the taxicabs, yes.

Q And you enforce those laws?

A I've had no occasion to enforce them.

Q Are you denying that just very recently there

was a man whose permit was taken because he had the occasion, 

a Negro man who had the occasion to transport a person of 

Caucasian extraction?

A No, I'm not denying it.

Q You're not?



Hearing on Motion For Preliminary Injunction, No. 727 239A

A. No.

Q. And there are segregated laws as relates to
the use of the buses in the City - right?

A We have —

Q I mean yes or noj do you know whether or not there
are?

A I would like to answer this and explain it.
THE COURT: Go ahead.

A The Witness: Yes, there are laws here

pertaining to it, but we have stated in letters and com­

munications to the Albany Movement that we had no Inten­

tions of interfering with private business.

Q Mr. Hollowell: Itfs one thing to interfere
with private business and it’s another thing to enforce 

segregation laws, and that’s what I ’m asking: do you not 

enforce the segregation laws and intend to enforce them 
es relates to the use of City busses?

A No.

Q You do not plan to?
A No.

Q What about the matter of theaters and other
Places of public amusement?

A That's a business, private business, so the City
has stated. These laws are on the books but we have no 

Intentions of interfering with private enterprise.

Q Do you have any intention of enforcing the
Elation, known as Chapter 22, Section 4, requiring 

facial segregation in the matter of theaters and other



Hearing on Motion For Preliminary Injunction, No. 727 24 OA

places of public amusement?

A These laws, these ordinances are on the books
and, as far as I am concerned -

Q Excuse me, sir, I don't want to restrict you

ifoni answering or from explaining, but I would like for you 

to answer my question, yes or no; and then whatever expla­

nation you want to give I certainly do not want to restrict 
you?

A With regards to your answer there, we have not
made any arrests in segregation of these places.

Q The law is still on the books?
A That's correct.

Q Are you now enforcing it?

A We have not enforced it but It's still on the
books.

Q Are you now enforcing it?

A No, we're not enforcing it but the law is
still there. It's a valid law so far as the City is 

concerned. It hasn't been ruled unconstitutional, and 

®uil it's taken off the books, we are required to enforce 
ell of the lavjs or ordinances on the books.

Q I see. So, as a matter of fact, you would
'•nforce it and that would be true even as to the busses,

since you are required to enforce all laws that are on the
books?

A We haven't enforced them on the busses and
1.

no intention of doing so. We've made ourselves 
Pialn and clear to these people.



Hearing on Motion For Preliminary Injunction, No. 727 241A

Q You have no Intentions of enforcing them on the

books, but you do have intentions of enforcing them on 

theaters and places of public amusement?

A I didn't say we had the intentions of enforcing
them. I said they were on the books.

Q I see.

A And were still valid ordinances here that have

not been stricken from the books or ruled unconstitutional.

Q And as the chief law enforcement officer, you're
saying that you have no alternative but to enforce them, Is 
this your statement?

A They're on the books and that's correct.

Q And that is correct] that is right?
A Yes.

Q And the same would be true as to the publicly
owned parks and playgrounds and swimming pools and tennis 

courts and other municipally owned recreation facilities?

A Until these ordinances are removed from the
books.

Q Until such time as they are, then you will
enforce them, is that the idea?

A If they need be, yes, that's correct.

Q If need be?

A I will enforce all of the rules and regulations
ahd ordinances on that book.

Q I see, and the same is true, I presume, of
library, public library?

A If it's in this ordinance, that's correct, until
itls stricken.



Hearing on Motion For Preliminary Injunction, No. 727 2h2A

Q Of course, you know that there hasn't been any
suit as relates to the busses: how do you distinguish 

between the passive, as to the passivity as to the one, 
and the enforcement in the other?

A This was an agreement that was reached by the
City and the bus officials and the Albany Movement, in an 
effort to cease all of this turmoil and crisis,

Q Did the City ever make this known to the public?
A Yes, it made it known.

Q Tell me when?

A By the news media and by other means, we
announced that we had no intentions —

Q Do I understand - let me see if I understand -
it is your statement that the City has at some time in the

past made announcements that it would not enforce the segrega­
tion laws?

A That's correct.

Q On the books of the City of Albany as relates
to the use of City busses?

A That is correct.

Q Can you remember when this was?

A I can't remember the exact date. It was at
feting, 1 think, of the Chamber of Commerce or some 
feting, 1 can't remember exactly.

Q Excuse me - do you remember the media which was
USed this purpose?

A No, I don’t.

Q Was it in the newspaper or over the radio or
the TV station, to the best of your recollection?



Hearing on Motion For Preliminary Injunction, No. 727 24 3A

A Not to my recollection.

Q Well, these are the normal modes of communica­
tion; can you name me some other one, in which this was 

said?

A As I 1ve stated, this was made in open meeting
with the people. It was made in meeting with the Albany 
Movement, We have letters here that state that.

Q Could you show me one, sir?
A This No. 4 here.

Q Read it for me, sir?

A (Reading): "Neither the Albany Police Department
nor the City of Albany will interfere with the operation of 
the local bus facilities".

Q "Will Interfere with the operation" of it,
but it does not say that they will not enforce the 

segregation regulations dealing with the busses, does it?

A It doesn't state so.

Q I see, and it doesn't state so and it hasn't
ever stated so, has It?

A Yes, we’ve stated that —

Q In any communication -

THE COURT: Just a moment now.

MR. HOLLOWELL: I am sorry, I was enlarging
upon the question -

Q —  in any communication that you know has
îs ever been communicated beyond the point that it

5tates there, in this paper that you were holding up,
Ho. 4?



Hearing on Motion For Preliminary Injunction, No. 727

A Yes, it has.

Q Could you indicate what it was?

A We indicated to Dr. W. G. Anderson, to Page
and Slater King and others that we would not enforce this 

or interfere with this business, or whether they rode on 
the front of the bus or on top of the bus.

Q But there is no media that you know of that this
has ever been said; in other words, no newspaper, no radio, 
no television, to your knowledge?

A I have no knowledge of It and know no reason
for it because we relayed It to them.

Q And no repeal of your ordinance by the City
Commission?

A That's correct.

Q Now Chief, your petition indicates that there
has been illegal picketing from time to time and there 

have been arrests made of persons who have picketed in 

the downtown area, in protest against the segregation 

Policies as adhered to and enforced by the Commission, and

also as they redated to the matter of employment, have there
not?

A I would like to answer with a "yes" and
explain it.

THE COURT: All right.

A The Witness: There have been arrests made
At not - they have been allowed to picket. On occasions

y have been asked to move on, due to the circumstances, 
due to -

Q What circumstances?



Hearing on Motion For Preliminary Injunction, No. 727 24 5A

A - due to the circumstances surrounding the
picketing.

Q What were the circumstances?

A On one occasion where young Negro boys were

snatching pocket-books or snatching packages and attempting 

to intimidate colored people who were attempting to shop 
in the uptown area —

Q. All right, now, could you —

A —  snapping their pictures.

Q Could you hold on that one right there -

MR. LEVERETT: May it please the Court, he

asked the witness the question and he got an answer. 

MR. HOLLOWELL: I have no Intent —
THE COURT: Yes.

MR. HOLLOWELL: I have no intent, Your Honor,
of shutting him off.

THE COURT: Well, if you don't have any
intent, let's don't do it without any Intent.

MR. HOLLOWELL: What I want to get at is this, 
Your Honor. I'm trying to, since he was going on a 

series, I wanted to see If I could get him to explain 

as he moved down the line. I don't want to cut him 
off.

THE COURT: Let's let the witness answer

the question the way the witness wants to and not the 

way you want him to. Now, Chief, you answer the ques­

tion and after he has completed his answer, Mr. 

Hollowell, if it is not adequate, you can question 

him about the details contained In the statement.



Hearing on Motion For Preliminary Injunction, No. 72? 246A

MR. HOLLOWELL; Very well, Your Honor.
THE COURT: Go ahead, Chief.

A The Witness:;. During this time that the
picketers were asked to move on, they refused to do; and 

at times they did move on and ceased their operations and 

at a lauer time come back and continued their picketing.

On other occasions they refused to move on and just com­

pletely ignored the officers and were arrested for falling 
to obey an officer and move from the premises.

Q Mr. Hollowell: Now, do you know when any of
these occasions were?

A No, I don't have the dates with me.

Q Do you have any pictures taken of any of these
occasions?

A No, I don’t.

Q Are there any in the Police Department?

A We have moving pictures that were taken at
one time showing the conditions there.

Q Are they available?

A They’re not in the courtroom.

Q I mean, will you produce them?

A If my attorneys request me to.

MR. HOLLOWELL: We would like to request the
Court that he have them produced.

THE COURT: Of course, legal processes

are available to you. I ’m not going to take it upon myself 
10 direct anybody to produce anything without the usual 
5r°cedure being followed.



Hearing on Motion For Preliminary Injunction, No. 727

Q Mr. Hollowell: Do you know what particular
incident that they refer to?

A No, I don't.

Q Well, calling your attention to the 24th of
March, '62, did you not have the occasion to arrest Dr. 

Anderson and Mr. Slater King and Mr. Emanuel Jackson and 

Mr. Elijah Harrison in the 100 block of North Washington 
Street?

A Did I arrest them?

Q ’Were they arrested?

A They were arrested.

Q Do you know what they were charged with?

A I believe they were charged with failure to
obey an officer’s command.

Q And they were also charged with parading
without a permit, weren't they, and disturbing the peace?

A That I can't remember. 1 would have to see
something to —

Q Well you don't deny that that is true?

A I don't deny it and I don't admit It.

Q Do you know the circumstances surrounding their
arrest?

A I don't remember the officers, whether I was

the offlcer or whether some other officer of my Department 
®â e these arrests.

Q I asked you, do you remember the circumstances
Grounding them?

247A

A On what date?



Hearing on Motion For Preliminary Injunction, No. 727 2^8A

Q On the 24th of March, *62?

A I don’t remember the circumstances, unless you 
can show me something to revive my memory.

Q Do you recollect whether there were any persons
picketing except the four?

A Not to my knowledge.

Q Since you are the interpreter of what constit­
utes a parade by your own statement, do you construe

four pickets operating within one block as constituting 
a parade?

A I don’t think that I ’ve testified as to what a
parade is,

Q I believe you testified that it was whatever you
said it was?

A Not here I haven’t. I haven’t testified to
anything here as to what a parade is or what it is not.

Q You don’t recollect my calling your statement 
to your attention and you saying that this is in fact 
'Aat you have said?

A Sometime last year or the first of this year.

Q 1 mean in this trial, about 30 minutes ago,
*en you were asked the question, "In other words, it is 

atever your opinion construes it to be, a parade, and 

is what a parade is, isn’t that correct? And your 

hswer was, as far as this case here is concerned, that 
ls My opinion" —  you don’t remember that?

A I remember that statement.
Q Sir?

A Yes, I remember that statement.



Hearing on Motion For Preliminary Injunction, No. 727 24 9A

Q Now, I ’m saying, based upon the fact that it’s

what you say It is in your opinion, do you construe that 

four pickets In one block constitutes a parade? Sir?

A No, I don’t think that would constitute a
parade.

Q Well, don’t you know that’s what you charged

them with, that you charged them with that, that we were 
charged with that?

A 1 don’t remember the circumstances, as I told
you. If you can show me something here to refresh my 

memory, then I'll be glad to testify as to what I know, 

but I cannot testify as to what I don’t know.

Q Well, let me ask you about June 23, ’62: I

believe there were some Rev. Samuel Wells and Rev. Joe 

Smith and Reverend - and Emory Harris; do you have a 

recollection of them being on the street picketing?

A I have a recollection of it, yes.

Q Were they arrested or do you know?

A They’ve been on the street a number of times
and I can’t say that on that date whether they were or 

not. They've been on the street a number of times picketing.

Q Let me ask you about June 24: isn’t it true

that Rev. Alford, Luther Woodall, Shirley Woodall and Ola 

fee Quarterman were arrested for picketing -
A They were —

Q — - in the 100 block?

A They were arrested by members of my department.

Q They had been picketing about how long? Do.
V°u know?



Hearing on Motion For Preliminary Injunction, No. 727 250A

A No. I don’t.

MR. LEVERETT: May it please the Court,

the witness stated they were arrested by members 

of his Department and I submit, unless he was there 

and he knows, that he would not be competent to testify.

MR. HOLLOWELL: He’s the Chief Law Enforcement 

officer and administrator of the Police Department 

and he would be able to testify whether or not they 

were arrested, if he knows. He has already testified 
as a matter of fact that they were,

THE COURT: Well, I believe he’s indicated
that that’s all he recalls about it, that they were 

arrested; so, I don’t see any need in prolonging the 

questioning about it. He says that 's all he knows 
about it,

MR. HOLLOWELL: I don’t recall his saying that.
Maybe we had better elicit that.

Q Do you know the circumstances of their arrest?

A I know that they were arrested but I don’t remember
the circumstances revolving around It.

Q Do you also know that they were fined $27 apiece?

A I think by checking the records of the Police
apartment that I know that.

Q Do you also know that there were only four pickets
tn the whole 100 block on Washington on that occasion?

MR. LEVERETT: May it please the Court, there
has been no evidence as to the charges that the 
pickets xvere arrested upon.

MR. HOLLOWELL: I ’m asking him what he knows.



Hearing on Motion For Preliminary Injunction, No. 727 251A

THE COURT: Yes, If the witness doesn't

know the answer to the question, he can simply say 
that "I don't know”.

A The Witness: I don't recall. I don't.

MR. HOLLOWELL: (To Clerk): Would you mark 
this for purposes of identification.

Q Now, on these various occasions of the picketing
there were these crowds that gathered, I believe under 

your testimony, that made It difficult for the people to 

get by and for them to be able to perform their natural 
functions, isn't that right?

A I have not testified as to any crowds which were
prohibited by these picketers from going about their way.

I said in my testimony that on occasion they were young 

Hegroes, who were there snapping pictures of people, of 

colored people who were attempting to go about their normal 

wayj attempting to snatch packages and such. I have not 

testified to any large crowds of people that were prohibited 
from using the streets by these pickets.

Q Let me ask you, did you arrest any such person
taking a picture?

A

Q
Package?

A

Q

No, we didn't.

Did you arrest any such person snatching a

No, we didn't. We attempted to.
Nov; —

THE COURT: What was that? I missed that.
You attempted?



Hearing on Motion For Preliminary Injunction, No. 727 252A

The Witness: 

THE COURT: 

The Witness:

No, we didn’t, we attempted to. 

You attempted to?

Yes, Your Honor.

Q Mr. Hollowell: how many such persons were there —
A There —

Q, Excuse me just a minute —  who snapped a picture?

A There were a number of people snapping pictures.
Q Well, how many? One?

A More than one. I would say more than 2.

Q More than 2 and less than what? Less than 5?
A I would say more than 2 and less than 5 ,
Q Less than 5?
A Yes.

Q How many persons snatched packages?

A There was three that attempted to and were chased
into the south part of town and eluded the police in 
between the houses down there.

Q That was three?

A That’s correct.

Q And on that occasion?

A On that occasion we asked the picketers to cease
their operation until we could get all of this under normal 

°n stopped. They ceased, come back and continued their picket- 
ing for the rest of the day.

Q Now, all of this, you mean taking pictures, some
3 or 4 people taking pictures and you say there were 3 

Persons who sought to snatch a package?

A That’s right.



Hearing on Motion For Preliminary Injunction, No. 727 253A

Q Three persons sought to snatch a package?
A (No answer) . . .

Q Well, why did you arrest Rev. Alford?

A If my memory serves me correct, he was asked to
move on, refused to do so and was arrested for failure to 
obey an officer.

Q When you say "move on", you mean move from the
area in which he was picketing?

A That's correct.

Q Now, let me show you DEFENDANTS' EXHIBIT #9 and
see If you recognize that?

A I recognize Rev. Alford.
Q Beg pardon?

A I recognize him.

Q
A

Q
Appears to 

A

Is that he?

That1s he.

He's picketing there, 
be?

Appears to be.

is that not right?

Q Is that what you would recognize as the condition
°f the streets and the circumstances surrounding the pieket- 
%  when it was being done by him?

A I would testify that this was a picture that

snapped of him but not of the crowd or anybody else.

Q As a matter of fact - excuse me -

A It could have been but there was none taken only
ofthis individual.

Q You don't see any crowds around anywhere, do you?



Hearing on Motion For Preliminary Injunction, No. 727 2 5HA

A No, I sure don’t.

Q Let’s show you Plaintiffs’ Exhibit or DEFENDANTS’

EXHIBIT rather #10, and I believe this sign says "Open your 

account with dignity", that's the sign that he's wearing?

A That’s what it says.

Q Now, let me show you DEFENDANTS' EXHIBIT 10 and

ask you If you can Identify that person and what the circum­
stances were surrounding the arrest?

A No, I can't Identify that person.
Q You cannot?

A No, I don't know him.

Q What is it that's being done by Alford in
DEPENDANTS’ 10 that would in any wise, as far as you 

are concerned, give rise to his being arrested?
A Nothing shows there.

Q Do you know of anything that he was doing that
have given rise to his being arrested? If so, please

A No, I don’t.

Q But you know he was arrested?
A I know he was.

THE COURT: Did you make the arrest, Chief?
A The Witness: I don’t remember, Your Honor.

1 don’t believe I did.

Q Mr. Hollowell: So, you don’t know whether the
P^son in D-10 was arrested or not?

A No, I don’t.

Q Well, let me ask you this, we can prove that by



Hearing on Motion For Preliminary Injunction, No, 727 255A

someone else: Do you see anything about the condition of 

the street, about her dress, about the sign that she’s 

carrying or anything about her demeanor or the circumstances 

of the situation described in the photograph, that would 
give rise to any arrest? if so, then please state?

A Not In the picture, no.

Q Do you know anything about the circumstances 
which would give rise to her arrest?

A I don’t know anything about that. I don’t
remember the person, I don’t remember the date.

Q This was in June?

A I don’t remember.

Q You have no remembrance in that connection?
A No.

Q Now, I believe you indicated that Shirley Woodall
and the other Woodall boy were arrested and let me show you 

H 2 and ask you to indicate whether you see anything in 

hat photograph of Shirley Woodall that would give rise to 
any circumstance which would subject her to arrest?

A Not in the photograph.

THE REPORTER: I didn’t get an answer.

MR. HOLLOWELL: He said not in the photograph,
I believe, Is that not right?

A The Witness: That’s correct.

Q Do you know of any circumstances surrounding
^  Picketing on this occasion?

A I don’t remember.

Q You don’t remember any?
A No.



Hearing on Motion For Preliminary Injunction, No. 727 256A

3Y THE COURT:

Q Did you make the arrest, Chief?

A Not to my knowledge. I could have but I don't

remember now. If he could show anything to state that I 

did or to bring it to my memory. There have been so many 

of these, Your Honor, made by various members of the 

Albany Police Department that I don’t recall. But if he 

has it, I feel sure that he being their attorney should'know 
who the arresting officer was.

Q As a matter of fact, isn't it true that these

people were charged with failing to move on under the 
direction of the officer?

A Failing to obey an officer.

Q, And that was addressed against them due to the
fact that they would not move from the area but merely 
continued to picket?

A That's correct.

Q In the fashion Indicated In the picture?

THE COURT: Well, the witness has testified
that he didn't make the arrest - right?

The Witness: I have made some, Your Honor.

THE COURT: I believe we're wasting a good

bit of time by cross-examining the Chief, who has said 

that he has no recollection of the circumstances about 

these various particular incidents. I think it would 

be better If the cross examination were directed to 

whoever the officer was who made the arrest and save 
time.



Hearing on Motion For Preliminary Injunction, No. 727 2t7A

Q Mr. Hollowell: Did you arrest Dr. Anderson? Sir?
A I don't remember.

Q You don't remember?

A No. Dr. Anderson was there and If he will —

Q All right, let me show you D--16, which purports

to be a letter from Dr. Anderson and M. S. Page, a copy of 

which it says you received, which was addressed to the 

matter of picketing; I ask you do you have a recollection 
of receiving the letter?

A This letter was addressed to Attorney Rawls and

it's possible that I got a copy of It. At this time I don't 

remember. If it was addressed to me, it would be made a 

permanent part of my file and it's possible that it did 

come to my office, but I don't recall it, Your Honor.

Q Do you know whether or not the original of the
letter is here?

A You can address that to the man that It was
addressed to. I don't know. I can't testify.

Q I ask you, do you know?

A Not to my knowledge, I don't.

Q You don't deny receiving the letter?

A I don't deny It and I don't admit receiving It
either.

Q Do you deny having been requested by Dr. Anderson
and M, s. Page, by way of letter seeking to know what, if 

any> regulations there were pertaining to picketing, in 
hder that they might not violate them?

A Not to my knowledge; I don't remember this. If
I(iich I'd tell you.



Hearing on Motion For- Preliminary Injunction, No. 727 258a

Q You don’t remember ever getting a copy of this
letter?

A Not to my knowledge.

Q Not to your knowledge?
A No.

Q Would you be willing to check your files and see?
A I would be most happy to.

Q And bring that back with you?
A (No answer) . . .

Q Now, In July there were other arrests, some 32

as a matter of fact on or about the 12th, is that not correct?

A Did you say the 12th or 11th?

Q On or about the 11th or 12th of July?

A There were 32 arrested, marchers arrested on the
11th of July.

Q Where was that group stopped?

A They were stopped at the Intersection of Broad
and Jackson.

Q Broad and Jackson?

A That’s correct.

Q Now, was that the occasion when Mr. Steele was
at the head of the line with other persons?

A I believe that’s correct.

Q And I believe you testified that there were

crowds which gathered along the route - I ’m sorry, strike 

that: I believe you testified that there were crowds 

®ich had gathered around the streets and along the streets 

made the Job of the Police Department difficult —



Hearing on Motion For Preliminary Injunction, No. 727 259A

A I testified that —

Q —  on that date, blocking traffic —
A I testified that —

Q — — and that there was great —

MR. RAWLS: If your Honor please, I submit

that the witness ought to be allowed an opportunity to 
answer.

THE COURT: Yes. I think the difficulty in

this situation arises from the fact that Mr. Hollowell 

was pausing between phrases and the witness thought 
that it was a period instead of a comma.

MR. HOLLOWELL: That is true, sir.

THE COURT: So, if you will re-state your
question.

MR. HOLLOWELL: Will you read the question, sir?

THE REPORTER: "And I believe you testified that
there were crowds which gathered along the route - 

I'm sorry, strike that - I believe you testified that 

there were crowds which had gathered around the streets 

and along the streets and made the job of the Police 

Department difficult - on that date, blocking traffic? 

Answer: I testified that —  Question: And that there 

was great tension", and then the objection.

Q Mr. Hollowell: Let me redirect it and connect it
,JPj sir: I believe you testified that on the occasion of 

"nis mar>Gh, as well as the others, there were great crowds 
apound on the streets, that there was much tension, that the 

Streefcs wer« blocked and that the City had to have all of



Hearing on Motion For Preliminary Injunction, No. 727 2oOA

its forces in the area, in order to keep the peace and to 
keep down any violence, is that correct?

A That's correct.

Q And that was true even on the situation of July

12, as well as all of these other occasions; is that correct? 
This is your testimony?

A On July 12, I don't recall a march on July 12.

Q Well, let me show you DEFENDANTS' EXHIBIT #15 and
ask you to tell me who this gentleman is in the center 
of the picture? Who is that?

A That's me along with other officers of this

Department, and Rev. Alford and I think Rev. Steele.
Q That's you?

A That’s me, yes.

Q Do you recollect the occasion?

A That was the 11th, on Tuesday, after the sentencing
of Dr. Martin Luther King, as evidenced by the black band 

on Reverend Alford's arm there. This march originated in 

protest of justice dying in Albany, Georgia, on July 11.

Q Now, was the traffic blocked at the corner of
Oglethorpe and Jackson?

A The pedestrian traffic was blocked on the sidewalk
where these 32 people were In front of business, which is 

located on the corner, the southwest corner of Jackson and 
Broad.

Q. Did you walk down that line?
A I did.

Q As a matter of fact, Isn't It true, Chief, that

you never> did get beyond the point where you stopped them?



Hearing on Motion For Preliminary Injunction* No. 727 261A

A That Is not so. I walked down to the middle of
the line, informing the people of their violations.

Q This was after they stopped* isn't that correct,
after you stopped them?

A That's correct.

Q After you stopped them?

A That1s right.

Q But prior to the time that you stopped them*
you hadn't been down that line?

A Not prior to stopping them, no.

Q Sure, and they hadn't blocked the traffic at
Oglethorpe and Jackson, had they?

A They were stopped at - no* they hadn't —  I didn't
see any obstruction of the traffic; if they did, I didn't 
see it.

Q As a matter of fact, you stopped them before they
even started across that street, Isn't that true?

A What street?

Q Jackson and Oglethorpe?

A No, I didn’t. They were at Broad and Jackson when
they were stopped.

Q They were where?

A Broad and Jackson.

Q Is that where you stopped them?

A That's correct.

Q Let me show you DEFENDANTS' EXHIBIT 15 again
let you refresh your recollection a little?

A I wish you would.



Hearing on Motion For Preliminary Injunction, No. 727 262A

Q There's no such rail as that on the southwest
corner of Broad and Jackson?

A No, I wish to withdraw that and admit an error;

that this was at the intersection of Oglethorpe and Jackson.

Q So that, as a matter of fact, the people had

never even crossed that street; you stopped them before 
they ever started across?

A That's correct. And I wish it to go in the record
there that I did make a mistake.

Q Now, let me show you D-13, which also shows the
front of that line at the corner of Broad, I believe, and 

ask you to point out to me all of these crowds that you talk 

about? How many people, how far can you see In that photo­
graph?

MR. LEVERETT: May it please the Court, before

the witness answers, I don't believe it's been identified 
as to when this picture was taken.

MR. HOLLOWELL: I think it addresses itself to the 

same line in which Rev. Alford, that he has identified 

in the other picture and Rev. Steele were heading the 
line.

THE COURT: It will be up to the witness now

about that, as to whether the picture is sufficiently 

identified for him to know what he's testifying about.

I can't help him with that and counsel can't help him. 

That's up to the witness. If he knows what it is, he 

can testify about it; if he doesn't, he can't.



Hearing on Motion For Preliminary Injunction, No. 727 263A

A The Witness: This is a picture of the march

coming across Broad and Jackson. It shows the southwest 

corner but it does not show the east side of the street, 

shere these people were. There were people there on that 

side and other people there in numbers. This only shows 

one angle of the picture.

Q, Let me ask you —

A —  that's the only thing that I can testify.

Q Well, let me ask you, Chief, this is the people

coming up the middle of the street after they had been 

directed Into the middle of the street by your officers, 

isn't that correct?

A That's correct.

Q And you can see virtually, you can see pretty

well up and down the street there, can't you, on Jackson

Street? Tell me how many people you can see, other than

those who are in the line of march and those who are 

identifiable as police officers or in the press?

A There is a number of people over there.

Q How many?

A 15 or less or more.

Q, I mean, how many more than 15?

A There is - let's see - there's 10 to 15 people

this corner.

Q 10 to 15 people?

A Yes.

Q Do you call that a big crowd?

A I say that this Is a picture showing one side

°f the street and not all of the area which I testified to.



Bearing on Motion For Preliminary Injunction, No. 727 264a

Q Do you ■ see any cars that are being blocked

other than —  As a matter of fact, there are none, are 

there?

A Yes, there are.

Q Where?

A Let me have the picture a second . . . There’s

some behind these people here that the street is blocked 

and the cars are backed up here behind.

Q You don’t know whose cars they are, do you?
A No, I don’t.

Q As a matter of fact, they might be police cars
bringing up the rear, might they not?

A No, they are —

Q You said they were all around in the area?

A There are no police cars.

Q Now, let me show you again D-15 and see if you

can identify anybody other than yourself and other police 

officers and the press and the front of the line of this 
July 12 group? Anybody?

A No, I can’t. This picture was taken by parties
unknown to me, who did not take pictures of the crowd but 

only the people who were being talked to.

Q, Well, It represents the situation as of the time

that you were addressing them, is that not time?

A The situation confronting me and Alford and
fev. Steele.

Q Do you have any photographs that were made by

the Department on that particular occasion?



gearing on Motion For Preliminary Injunction, No. 727 265A

A  No, I don't.

THE COURT: Suppose we take a recess at this

time until tomorrow morning at 9:30 o'clock.

5:00 P.M„ JULY 31, 1962: HEARING RECESSED