Archie v. Alabama Institute for Deaf and Blind Appendix

    IN THE
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 
NO. 72 - 1107

CHRISTINE ARCHIE, by her mother 
and next friend, MRS. ADA ARCHIE, 
ET AL ,

Plaintiffs
MAUDE V. HILL,

Intervenor-Appellant,
versus

THE ALABAMA INSTITUTE FOR DEAF AND 
BLIND: MR. E. H. GENTRY, The President
of the Institute, Et Al.

Defendants-Appellees

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR 
THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION

A P P E N D I X

JACK GREENBERG 
SYLVIA DREW10 Columbus Circle 

Suite 2030New York, New York 10019
DEMETRIUS C. NEWTON408 North 17th Street Birmingham, Alabama 35203
Attorneys for Plaintiffs



NO. 72-1107

CHRISTINE ARCHIE, by her mother 
and next friend, MRS. ADA ARCHIE,ET AL.,

Plaintiffs,
MAUDE V. HILL,

Intervenor-Appellant,
versus

THE ALABAMA INSTITUTE FOR DEAF AND 
BLIND: MR. E.H. GENTRY, The President of the Institute, Et Al.

Defendants-Appellees.

CERTIFICATE REQUIRED BY FIFTH CIRCUIT 
LOCAL RULE 13(a)

The undersigned, counsel of record certifies that 
the following listed parties have an interest in the 
outcome of this case. These representations are 
made in order that Judges of this Court may evaluate 
possible disqualification or recusal pursuant to Local 
Rule 13(a).

NAACP Legal Defense and 
Educational Fund, Inc. 
10 Columbus Circle 
New York, New York 10019
Jack Greenberg Sylvia Drew 
10 Columbus Circle 
New York, New York 10019
Demetrius C.Newton, Esq. 
408 North 17th Street Birmingham, Alabama 35203

"La Drew
ney for Appellant



TABLE OF CONTENTS
Page

Docket Entries .................................
Motion to Intervene .........................  1
Complaint in Intervention ......................  3
Order granting Motion to Intervene ............. 11
Motion to Dismiss Complaint in Intervention .... 12
Order on Pretrial Hearing ...................... 15
Defendants' Narrative Statement of the Evidence 16
Plaintiffs’ Narrative St.atement of the Evidence 20
Transcript of Hearing of November 15, 1971 ...... 22

f

Exhibits introduced at November 15, 1971 hearing:
Plaintiffs' Exhibit I - Letter of 5/29/69 to

Mrs.Hill from Ernest Strong, Jr. 266
Exhibit 2 - Notice of Appoint­ment 9/8/67..............  267
Exhibit 3 - Notice of Appoint­
ment 10/1/68 ................. 268

Exhibit 4 - Notice of Appoint­ment 9/8/67 .................. 2 69
Exhibit 5 - Memorandum from

Ernest Strong ................ 270
Exhibit 6 - 1967-1968 List of
Teachers with Race, Salary &
Date of Employment ........... 271a,b

Exhibit 7 - 1967-1968 Vocational
Dept. School for Deaf,Salary 
Schedule ...................... 272

Exhibit 8 - Letter of 8/18/69 to
Maud Hill from Dr. Elliott .... 273



Page

Plaintiffs' Exhibits (contd)
Plaintiffs' Exhibit 9 - Newspaper Clipping 274

Exhibit 10 - Newspaper Clippings 275 a,b.

Defendants' Exhibits:
Defendants' Exhibit I - Letter of 8/12/69

to Mr.Elliott from Mr.Gentry... 276
Exhibit 2 - Report by Mrs.
Turner & Mrs. Coe 10/18/67..... 278

Exhibit 3 - Letter of 7/31/69
to Dr.Elliott from Mr.Strong .. 279

Exhibit 4 - Letter of 7/30/69
to Dr. Elliott ...............  280

Notice of Appeal .............................. 281



OATK

1967 
Aug. A 
” *
"  10

Aug.11

" 28 
Oct.9

" 18 
V 18 
" 18

24

Nov. 2

Dec. 20

26

1968 
Jen. 9

23
30

T I L I N G S  r n O C T I 'O I N O S
amoiT̂ t 

n r r c j n r r n  i n
E M O L U M I N Tnr.TunNr.

Complaint filed - copy served by couneel
Sunrone end complaint l.eued - del. to U.S.Marshal for eervlce
Summon. and returned executed a. to all the defendant, on Aug.9.

1967, except The Department of Adult Services for the Deaf and Blind Ini 
Mr.George McFadden,Prealdent of said department, and filed -

Sutimons and complaint returned executed as to ala n.m-
In s 111 u 11 on ̂ on'Aug!*10**196'^and fUel !" M^ * dd« ' ' ^ - . ^ „ t “ f llld

Anaver of the defendant, to th. complaint herein filed - copy a.rved by co.n.el
Order on pretrial hearing dated Oct 5, 1967 filed and entered (Groom.) 

copies mailed to attorneys
Notice of Motion for production of documents for inspection and copying of 

plaintiffs to defendants, filed - copy served by counsel -
Motion of plaintiffs for the production of documents for Inspection and 

copying, filed - copy served by counsel -
Notice t6 defendant that plaintiffs will take the deposition of Mr.E.H.Gentlry 

President of the Alabama Institute for Deaf and Blind, on Friday,
October 27, 1967,at the Federal Court Reporters Offlee,Federal Buildiig 
Birmingham, Alabama, at 10:00 o'clock, A.M., filed - copies served upo(i ’
E.H. Gentry and upon Hon.Robert P.Bradley,Assistant Attorney General 
State of Alabama,Montgomery,Ala.-

Motion of defendant, E.H. Gentry to order oral deposition heretofore scheduled 
for October 27,1967,in Birmingham,Ala.,to be set for the same date in 
Talladega,Ala.,at the office of the President of the Alabama Deaf and 
Blind School, and further to produce certain records and documents 
for inspection at the office of the President of the Alabama Deaf and 
Blind School in Talladega,Ala.,on Oct.27,1967 at 10 a.ra.,rather than 
in Birmingham,Ala.,as previously scheduled, with Exhibits "A" and "B", 
attached, and ORDER of Hon.H.H. Grooms granting said motion,and taking 
of deposition of E.H.Gentry and the production of documents for 
Inspection be had at the office of said E.H.Gentry in Talladega,Ala.,( n 
Oct.,27,1967, at 10 A.M.,-filed - copy served by counsel -

Deposition of E. H. Gentry taken on behalf of the plaintiff fllod
Memorandum opinion of the Honorable H.H.Grooms In lieu of format findings of 

fact and conclusions o f law and ordering that not later than the 20 of 
December 1967 the defendants will submit to this Court a plan for desegregation 
of said Institute and the Schools composing same, their classes, instructional 
staff and facilities, benefits and services, the and wlthhouldlng injunctive 
relief pending submission and consideration o f said plan, and enjoining the 
defendants, servants, agents and employees respecting the filing of the plan 
in the time herein pro vlded filed and entered (Grooms)

Plan for the deaegretatlon of the Alabama Institute for Deaf and Blind located 
at Talladega, Alabama as required by the order tif November 3, 1967 filed - 
- copy served by counsel

Order allowing twenty days from this date for written objection or exceptlois to 
the plan for desegregation oa Alabama Institute for Deaf and Blind fllel and 
entered (Grooms) - copies mailed to attorneys -

Plaintiff's objections to defendants plan for desegregation filed - copy s<rved 
by counsel

Order, dated January 22, 1968, overruling plaintiffs' objections to defendants'
plan for desegregation, filed and entered (Grooms) - copies mailed attorneysMotion of plaintiffs for a rehearing on plaintiffs' objections to defendants1 plan |
filed - copy aerved by counsel - with ORDER thereon denying said motloA (Groom*)- fi:

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F T I— L K — 12-8-C S— 23M — 3311

I



Page Two
D. C. 110A Rov. C iv il D n c k rt C o n iIm m tlo n  EASTERN DIVISION DOCKET CA 67-440

DATE
_196fl__
Feb. 5 
" 5
"  21

Mar. 7
June 3

July 24
II 25

Aug. 2
Nov. 12
• 1 19

Dec. 12
II 12
II 12II 12
1969

Jan. 2•1 9•1 22

II 28
Feb 3ti 19
•t 25

Mar. 10

PltO C E E D T N fiS Ljxt* ' 
T'Jdifmf

Notice of Appeal by plaintiffs filed - copies served by counsel 
Appeal bond ($250.00) filed
Order, dated February 20, 1968, overruling plaintiffs' motion for reconsideratio: 

of the order entered on Jan. 22, 1968, overruling their objections to the plan 
for desegregation of the facilities of the Alabama Institute for Deaf and BllnJ; 
and mandatorily enjoining defendants to put into force and to carry out the pi in 
of desegregation filed herein on December 20, 1967, and denying the other relief 
sought by the plaintiffs herein, the Court retaining jurisdiction of this acti>n 
in order to effectuate the plan and the decree herein approving the same, file! 
and entered (Grooms) copies mailed attorneys 

Certified record on appeal mailed Clerk,O.S.Court of Appeals,New Orleans, La.- 
Certifled copy of Judgment of the U. S. Court of Appeals issued as and for the 

mandate, together with a copy of Its opinion, reversing the judgment of this 
Court and remanding to the said District Court for further proceedings not in­
consistent with the opinion of the U. S. Court of Appeals, filed 

Amended Plan of defendants, as a result of the opinion of the U. S. Court of Appeals 
for the Fifth Circuit, filed - copy served by counsel 

Order that any objections to the amended plan of defendants for the Alabama Institute 
for Deaf and Blind should be filed herein within ten days from the date of this 
order, filed and entered (Grooms) - copies mailed attorneys 

Objections of plaintiffs to defendant's amended plan filed - copy served by counsel 
Interrogatories of plaintiffs directed to defendants filed - copy served by counsel
Objection pf defendants to answering interrogatories submitted by plaintiffs flled- 

copy served by counsel
Notion of plaintiff for order compelling defendants to answer interrogatories

heretofore served on defendants by plaintiffs filed - copy served by counsel j 
Notice to defendants by plaintiffs of the setting of the motion to compel answers

to interrogatories before Judge Grooms on December 20, at 1:30 P. M. flled-cojiy sei 
Motion of plaintiffs for counsel fees filed - copy served by counsel by counsel
Notice to defendants by plaintiffs of the setting of the motion for-Counsel Fees 

before Judge Groomsloil.December 20, 1968, at 1:30 P. M. filed - copy served 1 
by counsel

Cost bill of plaintiff filed - copy served by counsel 
Costs taxed by the Clerk - bill mailed attorneys for defendants 
Order, dated January 21, 1969, granting plaintiffs' motion to compel answers to 

Interrogatories and the defendants will answer said interrogatories within 
fifteen days; and overruling defendants' objections to plaintiffs' interrogatories; 
and continuing plaintiffs' motion for counsel fees and objections to defendants' 
amended plan to the next regularly scheduled motion docket filed and entered ; 
(Grooms) - copies mailed attorneys ■

Interrogatories of the defendants propounded to plaintiffs' atoorney Demetrius Newton 
filed - copy served by counsel

Answers of defendants to plaintiffs' Interrogatories filed - copy served by counsel 
Answers to interrogatories by Demetrius Newton propounded to him by defendants filed- 

copy served by counsel
Order, dated February 24, 1969, overruling plaintiffs' objections to amended plan j 

in view of the statement of plaintiffs' counsel that defendants' answers to 
plaintiffs' interrogatories have resolved said objections, and continuing 
plaintiffs' motion for counsel fees to March 10, 1969, at 9:00 a.m., to permit 
the taking of testimony thereon, filed and entered (Grooms) - copies mailed attorn 

On hearing on attorney's fees before the Hon. H. H. Grooms, at Birmingham, Alabama, 
introduction of plaintiffs' testimony - introduction of defendants' testimony - 
taken under advisement - 
(over)

it



DATB

1969____
Mar. 12

Apr.

19

20

30

July 9

It 10

Aug. 7
1970
Jul. 2}it 21it 22

Aug. l\
Dec. 2 1

1971
Aug. 2 0 ,

Oct. 4
it 8

I'H o c k b d in g s

y a

£]fs' 
terest, 
s

capacity 
ooms) -

Order, on plaintiffs' motion for counsel fees and Hearing of March 10, 1969, that 
$4,350.00 be awarded to plaintiffs for counsel fees, said sum to be taxed as 
costs against the defendants, The Alabama Institute for Deaf and Blind; Mr. E 
H. Gentry, the president of the Institute; The Board of Trustees of The Alabama 
Institute for Deaf and Blind; Mr. Ernest Strong, Principal, Alabama State School 
for the Deaf; Mr. Carl Monroe, Principal, Alabama State School for the Blind;
Mrs. Catherine Risen, Principal, Alabama School for the Deaf; Mr. B. Q. Scruggs, 
Principal, Alabama School for the Blind; The Department of Adult Services for the 
Deaf and Blind, and Its President, Mr. George McFadden; Keller School for the Deaf 
and Blind, Mrs. Mary Snell, Principal and when paid the aald sum shall be pail by 
the Clerk of the Court to Demetrius Newton, Esq., counsel for the plsintlffs; and 
further ordering that except with respect to the enforcement of the revised plan 
this action la terminated, filed and entered (Grooms) • copies mailed attorneys 

Petition of defendants for the Court to reconsider its order of March 12, 1969 
assessing attorney's fees as part of the coats In this action, filed - copy 
served by counsel

Answer of plaintiffs to defendants' petition to reconsider order assessing attornej; 
fees filed - copy served by counsel

Order, dated April 28, 1969, overruling the defendants' petition to reconsider the 
Court's order of March 12, 1969, assessing attorney's fees, and the plalntl 
motion for additional attorney's fees in the amount of $250.00, and daily In 
after hearing oral argument thereon, and the Court noting that all defendant 
other than the state agency defendants were acting in their representative 
as officers or agents of said state agency defendants, filed and entered (Gr 
copies mailed attorneys

Motion of plaintiff to require defendants to show cause, if any they have.yhy
they should not be held in contempt for failure to comply with the Orders 
of the Court of March 12, 1969 and April 28, 1969, and ORDER of 
Hon. H.H. Grooms setting for hearing on July 23, 1969, at 1:30 P.M., at 
Birmingham, Alabama, filed - 7/23/69 Settled by agreement of parties-do not reset 

Writ to Serve Certified copy of Motion and Order to Show Cause Issued - del. to 
U.S. Marshal for service on W.W. Elliot, President, Alabama Institute for 
Deaf and Blind, Talladega, Alabama -Writ to Service certified copy of motion and order to show cause returned, executed 
August 5, 1969, and filed

Motion of Maude V. Hill to Intervene as plaintiff, filed - copy served by counsel 
Complaint in Intervention of Maude V. Hill, filed - copy served by counsel - 
Order granting motion of Maude V. Hill to intervene as a plaintiff, and allowlig 
her complaint In Intervention, subject to objections timely filed, filed and 
entered (Grooms) - copies mailed attorneys - 

/Motion of defendants to dismiss the complaint In intervention filed - copy 
— ’ served by counsel - 10/21/70 - overruled - 20 days to answer (Grooms)

Notice of appearance of Byron D. Boyett, Special Assistant Attorney General of 
Alabama of Dixon, Wooten 6 Boyett, 223 W. North Street, Talladega, for 
defendant Alabama Institute for Death and Blind filed In CA 70-28

3rder on PRETRIAL HEARING and setting this case for non-jury trial during the 
November term of this division, filed and entered (Pointer) cm 

Narrative statement of the evidence pertaining to plalntiff-Intervenor, Maude l 
Hill, filed by defendants

Narrative statement of the evidence pertaining to plalntiff-Intervenor, Maude ’
Hill, filed by attorneys for plalntiff-Intervenor - copy served by counsel

(continued on next page)

D ate O rder 
Ju d g m en t N<

in



DATS

1971
Nov. 16

16

Dec. )

i

D  O. noA _R «T. civil D n rk n t Ooniimmiion EASTERN DIVISION CA 6 7 -4 4 0

PRO CEED IN G S

Pâ e #3

On trial before the Hon. Sam C. Pointer, Jr. without a Jury at Birmingham, 
Alabama, on November 15, 1971 - introduction of plaintiff's testimony - 
plaintiff rest - introduction of defendant's testimony - defendant rest - 
Findings of fact and conclusions of law dictated into record- decision in 

, favor of defendants entered
Clerk's Court Minutes that findings of fact and conclusions of law having been 
dictated into the record, the Court finds that the plalntlff-intervenor does 
not have the degree of competency to teach in the particular area of teaching 
deaf children, and that the defendants have sustained theburden of proof 
thereof, filed and entered at Birmingham, Alabama on November 15, 1971 - cm 

Notice of appeal of plalntlff-lntervenor Maude V. Hill of final Judgment of the 
Court dated November 15, 1971, filed - certified copies mailed to Clerk, U. S. 
Court of Appeals, New Orleans, La. and to attorneys 

Bond for costa on appeal ($250.00) filed
/Designation of record on appeal by plalntlff-lntervenor filed - copy served by 

counse 1
n72 
Jan 1 ^ranscrlpt of proceedings held on November 15, 1971 (2 volumes) filed

iv

D*t« Or< 
Judgm ent



IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF ALABAMA 

EASTERN DIVISION

CHRISTINE ARCHIE, by her 
mother and next friend, MRS. 
ADA ARCHIE; M\RY VALENTINE, a minor by her mother and next friend, MRS. ANNIE 
VALENTINE; and BENITA ADAMS, by her legal guardian, MRS. CATHERINE GROOM,

Plaintiffs,
VS.
THE ALABAMA INSTITUTE FOR 
DEAF AND BLIND; MR. E.H. 
GENTRY, The President of 
the Institute; THE BOARD 
OF TRUSTEES OF THE ALABAMA 
INSTITUTE FOR DEAF AND BLIND; 
MR. ERNEST STRONG, Principal, ALABAMA STATE SCHOOL FOR THE DEAF; MR. CARL MONROE, 
Principal, ALABAMA STATE 
SCHOOL FOR THE BLIND; MRS. 
CATHERINE RISEN, Principal, 
ALABAMA SCHOOL FOR THE DEAF and MR. E.Q. SCRUGGS, 
Principal, ALABAMA SCHOOL 
FOR THE BLIND; THE 
DEPARTMENT OF ADULT SERVICES 
FOR THE DEAF AND BLIND and 
its President, MR. GEORGE 
McFADDEN; KELLER SCHOOL FOR 
THE DEAF AND BLIND, MRS. j| MARY SNELL, Principal,

Defendants.

I

CIVIL ACTION NO. 67-440

I

FILED in CLERK’S OFFICE
NORTHERN DISTRICT o f  ALABAMA

JUL 2 1 1970

u

I

; MOTION TO INTERVENE AS PLAINTIFF 
Maude V. Hill, a black citizen of the United States, and a 

former teacher in the defendant Institute for the Deaf and Blind 
moves this Court for an order permitting her intervention in 
this litigation under Rule 24(b) of the Federal Rules of Civil 
Procedure. The applicant's claims herein have questions of 
law and fact in common with those in the main action. The 
applicant's proposed complaint in intervention is attached hereto.)



Respectfully submitted

DEMETRIUS C. NEWTON
408 North 17th Street 
Birmingham, Ala. 35203

JACK GREENBERG CONRAD K. HARPER SYLVIA DREW
10 Columbus Circle New York, N.Y. 10019

Attorneys for Applicant 
for Intervention.

jl

-  2 -



IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF ALABAMA 

EASTERN DIVISION

CHRISTINE ARCHIE, by her 
mother and next friend, MRS. 
ADA ARCHIE; MARY VALENTINE, a minor by her mother and 
next friend, MRS. ANNIE 
VALENTINE; and BENITA ADAMS, 
by her legal guardian,
MRS. CATHERINE GROOM and MRS. MAUDE V. HILL,

Plaintiff-Intervenor,

THE ALABAMA INSTITUTE FOR DEAF AND BLIND; MR. E.H. 
GENTRY, The President of the Institute; THE BOARD OF 
TRUSTEES OF THE ALABAMA 
INSTITUTE FOR DEAF AND BLIND; MR. ERNEST STRONG, Principal, 
ALABAMA STATE SCHOOL FOR THE 
DEAF; MR. CARL MONROE, Prin­
cipal, ALABAMA STATE SCHOOL 
FOR THE BLIND; MRS. CATHERINE RISEN, PRINCIPAL, ALABAMA 
SCHOOL FOR THE DEAF AND MR. 
B.Q. SCRUGGS, Principal, 
ALABAMA SCHOOL FOR THE BLIND; THE DEPARTMENT OF ADULT 
SERVICES FOR THE DEAF AND 
BLIND and its President,
MR. GEORGE McFADDEN; KELLER 
SCHOOL FOR THE DEAF AND BLIND, 
MRS. MARY SNELL, Principal,

Defendants.

CIVIL ACTION 
NO. 67-440

riLtu I in CLtKK S OFFICE 
NORTHERN DISTRICT OF ALABAMA

JUL21 1970

WILLIAM E. DAVIS
C L E R K , U. S . D IS T R IC T  C O U

----UTY C L I N K V

COMPLAINT IN INTERVENTION
I.

The jurisdiction of this Court is invoked pursuant to the 
provisions of Title 28, United States Code, Section 1343(3) and 
(4), this being a suit in equity authorized by law, 42 U.S.C. 
§1983, to be commenced by any citizen of the United States or

j1 other persons within the jurisdiction thereof to redress the
11j deprivation, under color of statute, ordinance, regulation, custom

-3-



I or usage of a State, of rights, privileges and immunitiesI
secured by the Constitution and laws of the United States. The 

j rights, privileges and immunities sought to be secured by this 
action, are rights, privileges and immunities secured by the 
privileges and immunities clause of the Fourteenth Amendment to
the Constitution of the United States, and by the due processi
and equal protection clauses of the Fourteenth Amendment to the 

j Constitution of the United States. This action is also brought 
pursuant to the Thirteenth Amendment of the United States

Ij Constitution and 42 U.S.C. §§1981 and 1982, to secure the rights
I of plaintiffs to make and enforce contracts and receive the full

i

and equal benefit of all laws and proceedings for the security 
of persons and property as enjoyed by white citizens, and to 
enforce the rights of plaintiffs to inherit, purchase, lease, 
sell, hold and convey real and personal property on the same 
basis as white citizens,as hereinafter more fully appears.

i

This is a proceeding for a preliminary and permanent 
j injunction enjoining the Alabama Institute for the Deaf and 
|| Blind, its Board Members and its Superintendent, from generally 
jj refusing to hire and assign teachers without regard to race or

color and from specifically failing to offer a contract for the 
I 1969-70 school year to plaintiff-intervenor herein, solely
because plaintiff-intervenor is a black teacher, who has hereto- 

I fore taught in the formerly black Alabama School for the Deaf 
at Bt. Lashley Avenue, Talladega, which school was closed for 
the 1969-70 school year to children above age 12.

Ill.
| The plaintiff-intervenor in this case is a black citizen of
j the United States and of the state of Alabama residing in
! ;Ij Talladega, Alabama. She received a Bachelor of Science degree
j| in vocational home economics from Alabama Agricultural and
|

I I
-4-'



Mechanical University. She has done further work in special 
education for three summers at the University of Alabama. She 
was continuously employed by the Alabama Institute for the Deaf 
as a Home Economics teacher for approximately 10 years prior 
to May, 1969.

IV.
The defendants are: the Alabama Institute for Deaf and 

Blind; Mr.W.W. Elliott, the President of the Institute; the 
Board of Trustees of the Alabama Institute for Deaf and Blind;
Mr. Ernest Strong, Principal, Alabama State School for the Deaf 
(Negro); Mr. Carl Monroe, Principal, Alabama State School for 
the Blind (Negro); Mrs. Catherine Risen, Principal, Alabama 
School for the Deaf (whj.te) and Mr.B.Q. Scruggs, Principal 
Alabama School for the Blind (white); the Department of Adult 
Services for the Deaf and Blind and its President, Mr. George 
McFadden. The Helen Keller School for the Deaf and Blind and 
its Principal, Mrs. Mary Snell.

The defendant Institute which, is in turn managed and 
controlled by the defendant Board of Trustees, has control of all 
real and personal property at each of the four school sites, the 
principals of which are also named as defendants. Defendant 
Institute controls the distribution of all funds, has general 
supervisory power over the affairs of the six schools comprising 
the Institute ire luding the power and duty of hiring personnel, 
establishing policies, procedures, rules and regulations concern­
ing their administration and operation. Each principal is 
responsible for implementing the policies, procedures, rules and 
regulations adopted by the Board of Trustees, and controls and 
supervises all employees at his school.

The defendant Presidents, Principals and Board members are 
sued in their official and individual capacities.

' 5 -



V.
The plaintiff-intervenor herein brings this action on her 

own behalf and on behalf of all other teachers who are now or may 
in future be employed by the Alabama Institute for the Deaf and 
Blind. The members of the class on whose behalf the action is 
brought are so numerous that joinder Of all members is impractic­
able. Defendants have acted and refused to act on grounds 
practicable to the class thus there are common questions of law 
and fact involved and common grievances arising out of common 
wrongs. Plaintiff-intervenor's claims are typical of the class
and a common relief is sought for the plaintiff-intervenor and 
each member of the class. The named plaintiff-intervenor fairly 
and adequately protects the interest of the class.

VI.
The defendant Board of Trustee and its agents acting under 

color of the authority vested in them by the lasw of the State of 
Alabama have failed and refused to offer the plaintiff-intervenor 
herein a contract to teach in the Alabama institute for the Deaf 
and Blind for the 1969-70 and 1970-71 school years because 
defendants closed the upper grades of the Alabama School for the 
Deaf at the Fort Lashley Avenue campus under their desegregation 
plan and have not assigned plaintiff-intervenor to a school where 
white pupils are assigned because of plaintiff-intervenor1s race 
and color. Plaintiff-intervenor was notified by defendants on
May 29, 1969, that she would not be rehired for the 1969-70 
school year.

VII.
There are at present 6 schools in the Alabama Institute for 

the Deaf and Blind all located in Talladega, Alabama:

1) Alabama School for the Deaf (South Street, formerly all 
white) with approximately 61 teachers serving approximately 305 
black and white students in grades 1 through 12.

1

- < o -



2) Alabama State School for the Deaf (Fort Lashley Avenue, 
formerly all black) with approximately 24 teachers serving 
approximately 164 black and white students in grades 1 through 5 
and 2 non-graded classes.

3) Alabama School for the Blind (South Street, formerly all I 
white) with approximately 25 teachers serving approximately 139 
black and white students in grades 1 through 12 with one non- 
graded class.

4) Alabama State School for the Blind (McMillan Street, 
formerly all black) with approximately 15 teachers serving 
approximately 72 black and white students in grades 1 through 7 t 
with one non-graded class.

5) Helen Keller School for the Deaf and Blind (Terrel Street?, 
formerly all white) with approximately 16 teachers serving 
approximately 31 black and white students with 14 non-graded 
classes.

6) Technical Trade School (formerly all white) with 
approximately 31 teachers serving approximately 115 black and

iwhite students.

There are approximately 172 teachers in the institution and 
only 8 of them are black.

I
VIII.

Plaintiff-intervenor alleges that on May 29, 1969, she i
received a letter from the Principal of the Alabama School for 
the Deaf terminating her employment as of the beginning of the 
1969-70 school term because of the Federal Court decree requiring j 
desegregation of the Institute's facilities and the defendant** 
plan in accordance with that decree which entailed closing of the 
upper grades at the Alabama State School for the deaf. Defendants 
stated that there was therefore no longer a need for a home

-7"



economics teacher at that campus. Dismissal for such reasons 
and under color of the laws, policy, custom, practice and usage 
of the Defendant Board violated plaintiff-intervenor1s rights 
to equal protection of the laws and due process of law under

!' ithe Thirteenth and Fourteenth Amendments to the United States 
j Constitution and Sections 1981and 1982, 42 U.S.C. Plaintiff- 

intervenor was in addition denied due process of law under the 
Fourteenth Amendment to the United States Constitution by virtue 
of the procedures used by defendants in not rehiring the 
plaintiff. i|

IX.
Plaintiff-intervenor alleges on information and belief that 

Home Economics is currently being taught on two other campuses 
I by white teachqrs vifith qualifications and experience inferior to 
that possessed by the plaintiff-intervenor. Plaintiff-intervenor 

ji also alleges on information and belief that the defendant Board j
of Trustees refused to hire her for the 1969-70 school year 
without considering the qualifications of all teachers employed 

; by the defendant institution. Plaintiff-intervenor alleges 
I further that a new Home Economics teacher has been hired whose 
qualifications are inferior to the plaintiff-intervenor1s but who 
is a white citizen. Finally, plaintiff-intervenor alleges on 
information and belief that she is better qualified than other 

j teachers employed by the defendant to teach in her minor areas 
of concentration which were Science and Social Studies.

X.
i! As a result of the Defendant Board's action, plaintiff- 
intervenor has lost her employment causing irreparable loss, 
injury and harm. Plaintiff-intervenor has no plain, adequate, 
or complete relief to redress these wrongs other than this suit 
for injunctive relief. iI |

-a-

t



WHEREFORE, plaintiff-intervenor respectfully prays that:

1. The Court advance this cause on the docket and order a 
speedy hearing thereof and, upon such hearing, to:

2. Enter a preliminary and permanent injunction requiring 
the Defendant Board, its agents, employees, successors, and those

lacting in concert with them to offer plaintiff-intervenor and 
the class she represents contracts for the 1970-71 school year 
in the defendant institute, in accordance with their qualifications 
and experience and without regard to race or color, and to I
continue such contractual basis without regard to the desegregat- | 
ion of the institute.

3. Require Defendants to reimburse the plaintiff-intervenor 
for all back pay and other allowances which the plaintiff- 
intervenor would have received but for her dismissal by the

ldefendant institute.

4. Allow the plaintiff-intervenor her costs herein and 
such further, and other additional relief as may appear to this 
Court to be equitable and just, including reasonable attorneys'
fees.

Respectfully submitted.

DEMETRIUS C. NEWTON408 North 17th Street Birmingham, Ala. 35203
JACK GREENBERG 
CONRAD K. HARPER 
SYLVIA DREW

10 Columbus Circle 
New York, N.Y. 10019

Attorneys for Plaintiff- Intervenor



CERTIFICATE OF SERVICE

I hereby certify that I have mailed, properly stamped 
and addressed a copy of the foregoing Motion to Intervene 
as Plaintiff and Complaint in Intervention to Counsel for 
defendants as follows:

McDonald Gallion, Attorney General; Philip H. Smith, 
Special Assistant Attorney General; Gordon Madison, 
State of Alabama Administrative Building, Montgomery, 
Alabama 36101.

This ,-X / day of July, 1970.

10



IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN 
DISTRICT OF ALABAMA, EASTERN DIVISION

CHRISTINE ARCHIE, by her 
mother and next friend, 
Mrs. Ada Archie; et al.,

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CIVIL ACTION

Plaint iffs NO. 67-440
vs.

THE ALABAMA INSTITUTE FOR 
DEAF AND BLIND, et al.,

FILED IN CLERK’S OFFICE
NORTHERN DISTRICT OF ALABAMA

JUL 221970
Defendants

0 R D E R

For good cause shown, the motion cf Maude V. Hill for leave 
to intervene is due to be granted, subject to objections timely 
filed.

It is, therefore, ORDERED, ADJUDGED and DECREED that the 
motin of Maude V. Hill for leave to intervene as a plaintiff 
herein be and the same is hereby granted, and her complaint in 
intervention is allowed, subject to objections timely filed.

Done and Ordered, this the 22nd day of July, 1970.

United States District Judge



IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN 
DISTRICT OF ALABAMA, EASTERN DIVISION

CHRISTINE ARCHIE, by her )
mother and next friend, MRS. (
ADA ARCHIE; MARY VALENTINE, )
a minor by her mother and (
next friend, MRS. ANNIE )
VALENTINE; and BENITA ADAMS, (
by her legal guardian, MRS. )
CATHERINE GROOM and MRS. (
MAUDE V. HILL, )

(
Plaintiff-Intervenor )

(
V. )

(THE ALABAMA INSTITUTE FOR )
DEAF AND BLIND; MR. E. H. (
GENTRY, The President of the ) 
institute; THE BOARD OF (
TRUSTEES OF THE ALABAMA )
INSTITUTE FOR DEAF AND BLIND; (
MR. ERNEST STRONG, Principal, ) 
ALABAMA STATE SCHOOL FOR THE (
DEAF; MR. CARL MONROE, Prin- ) 
cipal, ALABAMA STATE SCHOOL (
FOR THE BLIND; MRS. CATHERINE ) 
RISEN, PRINCIPAL, ALABAMA (
SCHOOL FOR THE DEAF AND MR. ) 
B. Q. SCRUGGS, Principal, (
ALABAMA SCHOOL FOR THE BLIND; ) 
THE DEPARTMENT OF ADULT (
SERVICES FOR THE DEAF AND )
BLIND and its President, MR. ( 
GEORGE McFADDEN; and KELLER ) 
SCHOOL FOR THE DEAF AND BLIND, ( 
MRS. MARY SNELL, Principal, )

(Defendants )

CIVIL ACTION NO. 67-440

FILED IN CLERK'S OFFICE
NORTHERN DISTRICT OF ALABAMA

AUG 1 1 1970

C L E R K . U. S . D IS T R IC T  COURT 
M* &L £It - n•urr clerk

MOTION TO DISMISS

Come now the defendants in the above-styled cause by 
and through the Attorney General of Alabama, MacDonald Gallion, 
and move this Honorable court to dismiss the complaint in inter­
vention and as grounds therefor states:



1. The complaint fails to state a claim against the
defendants.

2. The complaint fails to state facts upon which relief 
can be granted.

3. That the plaintiff-intervenor does not represent 
a sufficient class.

4. That there are no common questions of fact between 
the original action and the complaint in intervention.

5. That there are no common questions of law between
✓

the original action and the complaint in intervention.
6. Plaintiff-intervenor has failed to exhaust the ad­

ministrative remedies available to her.
7. Plaintiff-intervenor has failed to appeal her dis­

missal to the State Tenure Commission.
Respectfully submitted.

MACDONALD GALLION 
ATTORNEY GENERAL OF ALABAMA

WALTER S. TURNER 
ASSISTANT ATTORNEY GENERAL
OF ALABAMA

ATTORNEYS FOR DEFENDANTS

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CERTIFICATE OF SERVICE

I hereby certify that I have mailed, properly stamped 
and addressed, a copy of the foregoing motion to dismiss, to 
Honorable Demetrius C. Newton, 408 North 17th Street. Birm­
ingham, Alabama 35023, on this the 10th day of August 1970.

WALTER S. TURNER 
ASSISTANT ATTORNEY GENERAL
OF COUNSEL FOR DEFENDANTS



COURT: U. S. District Court, N.D. Ala, East. Div.
CASE: Archie v. The Alabama Institute, No. bY-^O-E

(Claim of Maude V. Hill)

ORDER ON PRE-TRIAL HEARING
A pre-trial conference was held in this cause on August 

18, 1971.
1. Counsel. Representing the plaintiff-claimant Maude 

Hill, Demetrius Newton; representing the defendant, Alabama 
Institution for Deaf and Blind, Barry McCrary of the firm 
Dixon, Wooten, Boyette and McCrary.

2. Issues. The only issue remaining in this case 
relates to the private claim of Maude Hill that she was dis­
charged on the basis of race as a teacher at the defendant 
institution and on account of racial reasons was refused re­
employment by that institution. The defendant institution 
denies the charges. The claimant was a home economics teacher 
at one of the four campuses of the defendant institution at the 
time a court order was entered requiring the four campuses to 
be operated on a desegregated basis. She was discharged at 
that time by the Board for the stated reason that the position 
for which she was employed no longer existed. There was a 
home economics position in the high school area at another cam­
pus, but that position was held by a white teacher.

Subsequent to her termination, the white teacher left the 
employment of the defendant institution, and another white 
home economics teacher was employed rather than the claimant, 
Maude Hill. The board asserts that Maude Hill was incompetent 
as a teacher and so justifies its refusal to employ her at the 
time the new position opened.

3. Additionally the claimant asserts that she has 
qualifications to teach in science subjects and that she was 
not, although she made application therefor, employed to teach 
in such subjects even though such positions have subsequently 
been filled by the defendant institution from other sources.
The defendant acknowledges that Maude Hill holds a certificate 
from the State of Alabama (Class 2, or Rank B, and has completed 
additional courses taught at the University of Alabama in its 
Graduate School). The defendant, however, asserts that the 
claimant is not a competent person in fact to teach in the 
particular area of the deaf and blind, notwithstanding such 
educational training, and that the claimant's completion of
the graduate courses was not at a grade rate satisfactory 
to it.

4. This case is to be set for trial, non-jury, during the
November term of this division.

ORDERED that the above allowances and agreements be, and 
the same are hereby, binding on all parties in the above cause 
unless this order be hereafter modified by order of the Court.

- ftDone this the <+0 day of August. 1971.

FILED IN CLERK'S OFFICE
NORTHERN DISTRICT OF ALABAMA

/:.1)G 2 o i9/ l

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CHRISTINE ARCHIE, by her 
mother and next friend, 
MRS. ADA ARCHIE: MARY 
VALENTINE, a minor by 
her mother and next 
friend, MRS. ANNIE 
VALENTINE: and BENITA 
ADAMS, by her legal 
guardian, MRS. CATHERINE 
GROOM and MRS. MAUDE V. 
HILL,

Plaintiff-Intervenor

vs.
THE ALABAMA INSTITUTE FOR 
DEAF AND BLIND; Mr. E. H. 
GENTRY, The President of the 
Institute; THE BOARD OF 
TRUSTEES OF THE ALABAMA 
INSTITUTE FOR DEAF AND BLIND; 
MR. ERNEST STRONG, Principal, 
ALABAMA STATE SCHOOL FOR THE 
DEAF; MR. CARL MONROE, Prin­
c ipal,  ALABAMA STATE SCHOOL 
FOR THE BLIND; MRS. CATHERINE 
RISEN, Principal, ALABAMA 
SCHOOL FOR THE DEAF and MR.
B. Q. SCRUGGS, Principal, 
ALABAMA SCHOOL FOR THE BLIND; 
THE DEPARTMENT OF ADULT 
SERVICES FOR THE DEAF AND 
BLIND and its  President, MR. 
GEORGE McFADDEN; anu KELLER 
SCHOOL FOR THE DEAF AND BLIND, 
MRS. MARY SNELL, Principal,

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Defendants )

CIVIL ACTION NO. 67-440

c l e r ^ ,10L' AM| E. DAVIS

cXir

NARRATIVE STATEMENT OF THE EVIDENCE

The Plaintiff-Intervenor was employed by the Defendant Institute  

as a class "B" teacher of Home Economics at its  Fort Lashley Avenue School 

at Fort Lashley Avenue campus for several years prior to the coirmencement 

of the 1969-70 school year. In compliance with a federal court decree, the 

Defendant Institute placed a ll  children over 12 years of age at another 

campus and, therefore, closed the Home Economics Department at the Fort 

Lashley Avenue campus. By letter  dated May 29, 1969, the P laintiff-Interventor  

was notified of the closing of her department and of the termination of her 

employment with the Defendant Institute.

The Plaintiff-Intervenor has completed 18 semester hours of aca­

demic work in Deaf Education at the University of Alabama. She has attained 

a grade of "C" in each of the courses taken. A grade of "C" will allow her

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to continue in attendance at the University of Alabama, but i t  would 

not qualify her for consideration for admittance to the graduate school. 

Students who fa l l  below a "B" average in their Deaf Education content and 

practicum courses are normally discouraged by the University of Alabama's 

Deaf Education Staff from teaching in the f ie ld .

During the period subsequent to the aforementioned federal court 

decree, the Defendant Institute has interviewed numerous Negro applicants 

for teaching and teacher-trainee positions at the Institute. Several Negro 

teachers and teacher-trainees have been employed during this period of time. 

Since the employment of Mrs. H i l l  was terminated, a white Home Economics 

teacner at another campus has resigned and a qualified white teacher was 

employed to replace her.

Mr. E. H. Strong, J r . ,  who was the principal of the Fort Lashley 

Avenue campus has reported to the Defendant Institute and will  te s t ify  that 

he found Mrs. H i l l  to rate low in general appearance, in i t ia t iv e ,  a b i l i t y  to 

get along with people, cooperation, scholarship, use of English, knowledge 

of subject matter, preparation of daily work, and classroom management. He 

will state that he has given his opinion to the Federal Bureau of Investigation 

concerning whether or not Mr. H i l l  is  a competent teacher of the deaf. His 

answer was an unqualified "NO". He stated to them and he will tes t ify  that 

he found her to be a poor speller and that that was very bad. He explained 

that once a deaf child learns a misspelled word, i t  is almost impossible to 

eradicate the mistake. He states that her communicative s k i l ls  with the deaf 

were poor.

Mr. E. H. Gentry, who was president of the Defendant Institute  

during Mrs. H i l l ' s  employment, will tes t ify  that Mrs. H i l l  fa iled to carry 

out a program in vocational education that could be considered satisfactory.

He will tes t ify  that on several occasions he talked with the supervisory 

sta ff  in vocational Home Economics and requested that they help her. On the 

last v is i t  of the area supervisor, Miss Betty Coe, she brought with her 

Mrs. Betty Turner, special supervisor, who informed the Defendant Institute  

that she could not help Mrs. H i l l .  The aforementioned supervisor gave Mr. 

Gentry the impression that Mrs. H i l l  was not qualified as a teacher of voca­

tional Home Economics. They state that Mrs. H i l l  simply could not carry out

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the recommended program. In Mr. Gentry's opinion, the only area in which 

Mrs. H i l l  did an acceptable job was in working with students in extra 

curricular a c t iv i t ie s .

Mrs. Betty Coe and Mrs. Betty Turner of the State of Alabama, 

Department of Education will state that when they visited with Mrs. H i l l  on 

October 18, 1967 from 9:15 a.m. until 4:30 p.m., they found the department 

to be very d irty ,  disorganized and dull in appearance. They will  state that 

in their opinion, the over-all program was extremely poor and that i t  is 

obvious that very l i t t l e  teaching was being done. They found that the 

principal was most concerned with the poor quality of the program.

Mr. Ronald Evelsizer will state that the records at the University 

of Alabama indicate that Mrs. H i l l  was admitted as an inregular post graduate 

student upon her f i r s t  entrance during the 1967 summer session. This implies 

that she either did not apply for graduate school or was not admitted as a 

graduate student. He will  state, as hereinabove set out, that she completed 

18 academic semester hours in deaf education with a straight "C" record, 

which will allow her to remain in attendance at the University, but will not 

qualify her for admittance to the graduate school. He states that this grade 

average indicates that she has not excelled in the teaching practicum. He 

will state that students who fa l l  below a "B" average in content and practicum 

are normally discouraged from teaching in the f ie ld .  He will further state 

that full-time students pursuing a degree in this f ie ld  are not recommended for 

a teaching position without at least a "B" average. He will  state that he could 

not personally recommend her as a teacher in this area of specialization. He 

states that his s ta ff  would have d i f f i c u lty  visualizing her in an academic 

classroom situation.

The Defendant Institute has also been informed that while in atten­

dance at the University, Mrs. H i l l  was found to have an open book during an 

examination. She stated that she understood that i t  was an "open book"

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examination, but University sources indicate that they do not feel that 

there is any room for any misunderstanding in this matter.

DIXON, WOOTEN, BOYETT & McCRARY

CERTIFICATE OF SERVICE

I cert ify  that I have served a copy of the foregoing-Statement 

to Demetrius C. Newton at 408 North 17th Street, Birmingham, Alabama, by 

mailing a eopy to him at his address, postage prepaid, this the 

day of , 1971.

" 7for the Defendants



CHRISTINE ARCHIE, by her )mother and next friend, )Mrs. ADA ARCHIE: MARY )
VALENTINE, a minor by her )
mother and next friend, )MRS. ANNIE VALENTINE: )
and BENITA ADAMS, by her )
legal guardian, MRS. )
CATHERINE GROOM AND )MRS. MAUDE V. HILL, )

Plaintiff-Intervanor j
)s. )

THE ALABAMA INSTITUTE FOR j
DEAF AND BLIND; Mr. E. H. )
Gentry, The President of the ) 
Institute; THE BOARD OF )TRUSTEES OF THE ALABAMA )
INSTITUTE FOR DEAF AND BLIND; ) 
MR. ERNEST STRONG, Principal, ) 
ALABAMA STATE SCHOOL FOR THE ) 
DEAF; MR. CARL MONROE, Prin- ) 
cipal, ALABAMA STATE SCHOOL ) 
FOR THE BLIND; MRS. CATHERINE ) 
RISEN,Principal, ALABAMA )SCHOOL FOR THE DEAF and Mr. ) 
B.Q. Scruggs, Principal, )
ALABAMA SCHOOL FOR THE BLIND; ) THE DEPARTMENT OF ADULT )SERVICES FOR THE DEAF AND )
BLIND and its President, Mr. ) George McFadden* and Keller ) SCHOOL FOR THE DEAF AND BLIND, ) 
MRS. MARY SNELL, Principal, )

)Defendants )
)

CIVIL ACTION NO. 67-440

14 i

v y.w'vi

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NARRATIVE STATEMENT OF THE EVIDENCE

The Plaintiff-Intervenor was wmployed by the Defendant I 
Institute as a class "B" teacher of Home Economics at its Fort j 
Lashley Avenue School of the 1969-70 school year. In compliance 
with a federal court decree, the Defendant Institute placed all 
children over 12 years of age at another campus and, therefore 
closed the Home Economics Department at the Fort Lashley Avenue 
campus. By letter dated May 29, 1969, the Plaintiff-Intervenor 
was notified of the closing of her department and of the termina­
tion of her employment with the Defendant Institute.

The Plaintiff-Intervenor was employed at the Defendant 
Institute for a perion of ten years and has a Bachelor of Scienc4 
degree in General Home Education, and a minor in Literature,

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Social Studies, History and English. She has done advanced 
work in Special Education-5 hours; Language for the Deaf -6 hours; 
Reading for the Deaf -3 hours; Physiology of Deafness-3 hours;
Speech for the Deaf -3 hours; Elementary Curriculum for the Deaf - 

|j 3 hours;and Nursery School Education-3 hours.

that she was qualified to teach in her major field and several

to testify as to her competence. Their names are now available 
but will be furnished court and counsel as soon as they are 
available.

|j object to any such information as found in the last prargraph, 
page 3, of the Defendants narrative statement of October 1, 1971

I;11
Plaintiff-Intervenor hopefully will engage in some dis- 

|i covery prior to trial time.

Plaintiff-Intervenor will expect the evidence to show

Ij areas in her minor fields, and that there where job openings 
■ i available.

Plaintiff-Intervenor expects to call 2 or 3 co-workers

The Defendant will call either as her own witness or 
ij an adverse witness, Mr. E.H. Gentry and Mr. E.H. Strong.

Plainitff-Intervenor would move to strike and would
il

DEMETRIUS C. NEWTON 
408 North 17th Street 
Birmingham, Alabama 35203
JACK GREENBERG SYLVIA DREW 
10 Columbus Circle New York, New York 10019!)

a o.oiy of the foregoing 
: i'.vl States mall, postageo' i o tu Id!) niHii, jj

o ^ z r  is 1 /

Demetrius C. liewton, Attorney 
408 Jlorth 17th Street 
Birmingham, Alabama 35£03

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Federal Court Reporting Company 
409 Ftdrrai BuiUmg 
B*r^H$gbam Makmma

IN THE UNITED STATES DISTRICT COURT FOR THE 
NORTHERN DISTRICT Or ALABAMA, S OUT BERN DIVISION

MAUDE HILL, ET AL, )
)PLAINTIFFS, )
)V. )ClVIL ACTION NO. 67-440
)THE ALABAMA INSTITUTE FOR )

DEAF AND BLIND, FT AL,
)  FILED  !N CI H K 'S  O FFIC E 
y NORTi,lR:i JlalRisll ‘Jt Al.V-\MA(

)DEFENDANTS. ) 4  i
W ' i U,4M £ !• " S

„ CLERK « S COURT /C A p T I O w*. •' J Oeputv ClerK

THE ABOVE ENTITLED CAUSE came on to be heard
before the Honorable Sam C. Pointer, Jr., Federal

. ■Judge, Federal Court House Building, Birmingham, Ala 
bama, on the 15th day of November, 1971, following. iwhich the following occurred:

A P P E A R A N C E S

Mr. Demetrius C. Newton, Attorney at Law,
408 North 17th Street, Birmingham, Alabama, appear­
ing for the Plaintiffs.

Mr. Byron Boyett and Mr. Barry McCrary, 
Attorneys at Law, Talladega, Alabama, appearing 
for the Defendants.

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Federal Court R eporting  C om pany  
409 Federal Building 

Birmingham. Alabama

I N D E X

WITNESS: DE CE RDE RCE

Maude Hill 6 23 40
226

E. H. Gentry 42 60 72
Grover George 81 86
Mary Lou Cottrell George 90 96 99
Sara Blue 101
Betty Turner 107 114 123 125

127
Betty Coe 130 135 138 139
Mrs. J. B. Rogers 142 153
Dr. W. W. Elliott 162 185 199 201

202 203
Dr. Ronald Evilsirer 204 212 219 220

221

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Birmingham, Alabama

. P R O C E E D I N G S  

NOVEMBER 15, 1971

MORNING SESSION

THE COURT: We have set for trial this 
morning the matter of the claim of Maude Hill 
against the Alabama Institute for Deaf and Blind 
including the several members of the board or 
principals Involved for that Institution.

Is the plaintiff ready?
MR. NEWTON: The plaintiff la ready, and 

we respectfully request the rule.
THE COURT: Is the defendant ready?
MR. BOYETT: Yes, Your Honor.
THE COURT: If you will swear the wit­

nesses in, Mr. Darby.

(WHEREUPON, the witnesses were sworn in.)

THE CLERK: All the witnesses will be re­
quired to remain outside the courtroom. If you 
will follow Mr. Barnett, he will shew you where 
to be.

9:15 A. M.



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THF COURT: Before you leave, let ■« ex­
plain to each of you what that la about. We 
have a rule that has been followed for aany aany 
years, that on the request of either party, the 
witnesses other than those that are directly par­
ties to the litigation are requested to reaaln 
outside and cose in the courtroom only when It 
is time to give the testimony. The purpose of 
that rule is to just give additional assurance 
that when the witness testifies, he or she will 
be testifying really what he or she knows, and 
not unduly influenced by hearing what somebody 
else recalls about the case. That is the reason 
for the rule, and it is appropriate for either 
side to ask for it.

IMR. BOYETT: Please, Your Honor, we would
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like to ask that Dr. Elliott be excused from the 
rule. He is president of the institute.

THF COURT: That will be fine.
MR. BOYETT: Mr. Gentry is a party too.

Mr. Gentry, you can reaaln in.
MR. NEWTON: I would think not, Your Honor. 

Mr. Gentry at that time-- at the time of the

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Institution of this lawsuit was the president.
We have the president here now.

HR. BOYETT: He is a named party.
THE COURT: Well, I believe Mr. Gentry 

would be excused or discharged as a party.
MR. NEWT ON: He is no longer with the 

de fendsnt.
THE COURT: He would be discharged as a 

party, I believe. So he would not cone under 
as the exception to the rule and would be subject 
to being discharged, I would think, as a party 
to this litigation.

MR. NEWTON: Yes, sir.
MR. BOYETT: All right, sir. I assume 

the same would be true of all -- let's see, Mr. 
Strong is no longer there, and Mrs. Kathryn Riser 
retired, and Mr. Scruggs is retired. So that 
would be true.

THE COURT: Right. Unless you want to 
have substitutions.

MR. BOYETT: No, sir.
THE COURT: But otherwise they would be 

due to be dismissed, I would think, as parties



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to the litigation.
MR. NFWTON: Yea, sir.
THF COURT: You sight hold your first wit­

ness, Mr. Newton.
MR. NFWTON: We would like to coll the 

plaintiff, Mrs. Maude Hill.

(Rule Invoked.)
I

MAUDE HILL.
being previously duly sworn, testified as follows:

DIRECT EXAMINATION
j

Q (BY MR. NEWT ON:) Will you state your nase, 1
please, na'aa?
A Maude Hill.
Q Mrs. Hill, where do you live?
A I live at 1712 West Bell Street, Talladega,
Alabama.
Q Mrs. Hill, were you ever employed by the
Alabama Institute for the Deaf and Blind?
A I was.
Q Will you tell us, Mrs. Hill, what training,
if any, that you have beyond high school?

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A I have a BS degree in heme economics.
Q Now when you tell me, Mrs. Hill, what de­
grees you have, will you tell me from what Insti­
tution?
A Yes. I have a BS degree in home economics
from Alabama A & M University. And I 
Q All right. Do you have, Mrs. Hill, any
training beyond the Bachelor of Science degree 
in home economics?
A I do.
Q And will you tell us what training you
have, Mrs. Hill, in that area?
A I have two summer trainings equal to 20
hours of advanced study from Tuskegee Institute 
and an 18 hour credit from the University of Ala­
bama .
Q All right. What is your minor field, Mrs.
Hill?
A Social studies and English.
Q Do you have a teacher's certificate?
A I have.
Q Can you tell us what class and rank teacher
certificate you have?

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A I have a class B.
!Q All right. And when la tha last tlaia your

teacher's certificate was renewed?
A The last tine it was renewed, 1970 -- ex­
cuse me, hold it. I'm sorry. 1960. I'm net sure. 
But I do know It expires In '74.
Q It expires in 1974?
A Yes.
Q And I believe that class B teacher's certi­
ficate Is given for a period for a certain number 
of years?
A Yes.
Q Is it eight years or something?
A Eight years.
Q And you say your current teacher's certifl
cate will expire in 1974?
A Yes .
Q Now when you were employed at the Alabama
Institute for the Deaf and Blind, where did you
work?
A I worked on the Fort Lashley Campus In
Talladega.

MR„ NEWTON: Mark this.

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(Plaintiff'* Fxhibit 1 narked.)
Q Mrs. Hill, I would like to shew you a docu­
ment marked Plaintiff'* Exhibit No. 1 for Identifi­
cation, and ask you ifjou recognise that document?
A (Pause.)
Q Do you recognize it?
A Yes, I do.
Q Now was this document received by you from
the principal of the Alabama Institute for the Deaf

i
and Blind? |
A It is.
Q And was this a letter terminating your em­
ployment with the Institute?
A Yes, it was.

MR. NEWTON: If it please the Court, I would 
like to offer Plaintiff's Exhibit No. 1 for identifi­
cation into evidence, as Plaintiff's Exhibit No. 1.

THE COURT: All right. Is there any objec-
t ion?

MR. BOYETT: No, sir.
THF COURT: All right, it is received.

Q How long, Mrs. Hill, were you employed at
the Institute?

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A Ten years.
Q And the Fort Lashley Campus that you re fer
to, was that at the time of yeur employment, were
all of the students black or were all the the stu­
dents white or were they mixed?
A For nine years all were black, but the last
year we had a few, maybe about a doien white.
Q All right. New during the last year, where
you had about a dozen white students, were yeu also 
the teacher in home economics for the black and 
white students?
A Yes, I was.

MR. NEWTON: All right, mark these, please.
(Plaintiff's Exhibits Ne. 2 through 5 marked.)

Q Mrs. Hill, I would like to show you what
has been marked for identification as Plaintiff's 
Exhibit No. 2, and ask you te look at it, please, 
ma'am.

Q

A
Q

(Pause. )
Are you familiar with that?
Yes, 1 am.
Will you tell us what that is, please

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Hill?
A This is a contract that was sent to me
by ray principal and asked ta sign. These con- 
tracts were given out each year and asked ta sign.
And ray salary was not --
Q Just answer ay question.

You are farailiar with it?
A Yes.
Q And you are farailiar with the mount af

i

us what the date of
as shown on that doeu-

I

will show yau Plaintiff's 
tell us what the araount 
that ?

wii; show you Plaintiff's 
to look at Plaintiff's 
what the date of that

exhibit is?

the salary, aren't you?
A Yes, I  an.
Q And will you tell
Plaintiff's Exhibit 2 is,
ment ?
A October 1, 1967.
Q All right. Now I
Exhibit No. A -- and also
o  f  the salary scale is on
A $ A ,797.
Q All right. New I
Exhibit No. A and ask you
Exhibit No. A and tell us

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A October 1, 1967.
Q Now are you telling ua that those two ex­
hibits are dated on the gait day?
A Yes, they are.
Q All right. Now will you tell us what the
salary scale is on that one, please, ma'am?
A $5,297.
Q All right. Now I will show you Plaintiff's
Exhibit No. 3, Mrs. Hill, and aicyou the date of 
that ?
A October 1 , 1968.
Q And will you tell us what the salary scale
is on that, please, ma'am?
A $5,504.
Q Now just answer my question as it relates
to this.

I wilj. show you what has been marked for 
identification as Plaintiff's Exhibit No. 5. Did 
that come to you in the due course of business as 
an instructor at Alabama Institute for the Deaf 
and Blind?
A Yes, it did.
Q And will you tell us who sent it to yon?

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A The principal, Erneat Strong.
Q All right. And did it have to do with
either of these exhibits previously shown to you? 
A Yes, it did.
Q All right. And which one of the exhibits
did it have to do with?
A Had to do with Exhibit No. 2, cast with

■

Exhibit No. 2.
Q Was that as a result of your being dissatis­
fied with the salary?
A It was.

MR. BOYETT: Now -- all right.
Q Well, does Plaintiff*s Exhibit No. 4 dated
the same dite show a change in salary?

|
A Yes, itdoes.

MR. NEWTON: Your Rsser, I would like to 
introduce into evidence Plaintiff's Exhibits No.
2, 3, 4 and 5.

THE COURT: Any objection? I
MR. BOYETT: No objection.
THE COURT: Is there any relevancy to 2, 3 

and 4? Wouldn't 5 be really the only relevant one 
other than showing the enploynent back then?

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MR. NEWT ON: 5, Your Honor, is s request to
sign one of the other exhibits.

THE COURT: Wouldn't Exhibit --
MR. BOYETT: No. 3 is the '67-68 ss1ery.
THF COURT : 3 is the —  the lest yeer,

isn't it? |
MR. NEWTON: Yes, sir.
THE COURT: I receive then, although there 

being no objections, but it does appear only Plain­
tiff's Exhibit 3 has a particular relevance, so far 
as the salary is concerned.

MR. NEWTON: Your Honor, ve think that they
# j

have some relevancy toward her eventual termination.
Now, Mrs. Hill, after you received the let­

ter that we have previously identified as Plaintiff's 
Exhibit No. 1, did you have any conversation with 
your principal after receiving that letter?
A No, I didn't.
Q Did you have any conversation with the

-
president of the institute after receiving that 
letter ?
A Yes, I did.
Q All right. Now when you say president of

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th« institute, who did you have that conversation 
with ?
A Dr. Elliott.
Q All right. la that the gentleman sitting
here now?
A Yes, it is.
Q All right. Now whan you had the conversa­
tion with Dr. Elliott, what, if anything, was said 
between you and Dr. Elliott re your re-employment?
A Yes, it was.
Q Did he say anything to you at all -- tell
us what he said.
A I told him - - I carried him the letter and
showed him, and he said, yes, he knew about it.
And he said he didn't have anything to do with that, 
because that is Fort Lashley's campus, and Mr.
Strong was in charge of that. And I told him he

‘was president of the institution, and I was about 
to go away to school next week, I was to go to 
school, and I wanted to be sure before I left school]. 
And he told me, well, at that time he didn't know 
what could be done. But for me to go on to school 
and not worry and come back in August, and he would

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have found something for me to do.
Q All right. Norn did yon In fact go on to
school that summer?
A Yes, I did.
Q Where did you go?
A University of Alabama.
Q All right. And was that the summer of 1969?
A it was. j

Q Norn when you returned from school, did you
have any conversation with Mr. Elliott?

*A Yes, I did.
Q And will you tell us what that conversation
was ?

I
A Well, he said that this home economics had

i
been discontinued, and they had more than enough 
home economics teachers on the South Street Campus, 
and that he didn't have anything 1 could do unless 
they had an opening for a house parent, and had an 
opening for someone to help with the children, fin­
ing the children's hair. And I told him I didn't 
want either of those.
Q All right. Now, Mrs. Hill, during the course
of -- I believe you said fifteen years you were

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emp1oyed?
A Ten.
Q During the course of ten years that you were
employed at the Institute, did yon ever receive a 
letter from any official of the institute telling 
you that you were incompetent to teach home eco­
nomic s ?
A No, I did not.
Q Did you ever receive have a conference
with either of the president of the institute or 
the principal of your campus informing you that 
you were incompetent to teach in the area of home 
economics ?
A No, I didn't.
Q Do you know who the other home economics

I
teachers were on the campus, on any and all campuses
of the institute?
A 1 knew two of them.
Q All right. Will you tell us who they were,
please, ma'am?
A One was Miss Katie Dempsey. At first she

iwas working on the Fort Lashley Campus, and then 
she was transferred to the Fort Entrance Caapus.

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Q Now, Mrs. Katie Deapsey, is she e black tea­
cher or white teacher?
A She is white.
q And what was she teaching on the Fort En­
trance Caapus?
A Clothing.
q Do you know what training Mrs. Deapsey had?
A Well, she -- educational wise she finished
high school.
Q Now when Mrs. Deapsey was transferred, then
she left your caapus and went where?
A To the South Street Caapns.
Q When she went to the South Street Caapns,
what did she do over there?
A Well, she taught in the area of hoae eco­
nomics, but I'a not sure.
Q All right. Now was she teaching over there
in the school year 1969-70?
A Yes, she was.
q She was teaching that after you had been
discharged?
A Yes.
Q All right. Now naae me another -- I believe

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v»'e» jte.

you said you knew two. Did you know another hoae 
economics teacher?
A Yes, Mrs. Scruggs.

I; ' .1-11: |
Q Now, Mrs. Scruggs, did she teach home eco
noaiics over on the main caapus ?
A Yes, she taught on South Street Caapus.
Q Do you know how long she worked at the in-
sti tute ?
A No. But she was there when I came.
Q So she was there a number of years?
A Yes.
Q And do you know what training she had, if
any?
A W^ll, I know she had a BS degree. And
she had done soae advance study, but I don’t know 
how much.
Q All right. Is Mrs. Scruggs still with
the institute?
A No. She retired.
Q Do you know what year she retired?

!
A I think she retired in *70. I’a not sure.
Q Would that have been one year after you had
been dismissed by the institute?

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A Yes.
MR. NEWTON: Mark this.

(Plaintiff's Exhibit 6 marked.)
Q Mrs. Hill, I would like to show you Plain­
tiff's Exhibit No. 6, marked Plaintiff's Exhibit 
No. 6 for identification.

I would like to ask you if you see your 
name on here?
A Yes, I do.
0 And if you see the salary by your name?
A Yes.
Q And you see the date of employment?
A Yes.
Q Now I would like to ask you if you see a
star by your name?
A Yes.
Q And if you see a star at the very bottom
of that page?
A Yes .
Q And I would like to ask you if this infor­
mation is accurate as it relates to you?
A Yes.

MR. NEWTON: Your Honor, I would like to offer



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Plaintiff a Exhibit No. 6 for identification into 
evidence as Plaintiff's Fxhibit No. 6.

MR. BOYETT: May it please Your Honor, we 
object, because the document contains a great deal 
of other things, and this is the first tine I have 
seen it. And I don't know what he has offered it 
for. It is repetitious of testiaony already of­
fered, her eaploynent and anount of her salary,
and how it relates to the fther matters shown on
there. In other words, I don't see any relevancy
of it.

MR. NEWTON: Your Honor, it shows many
things.

MR. BOYETT: I know it, but we have no
proof of it.

MR. NEWTON: It shows the salary of various
teachers, it shows additional training. And it was j 
taken, and I will be willing to testify at this 
time, it is the official document of the institute, 
taken in response to deposition furnished by Mr.
Gentry who was here, who may or may not remember

1giving it to me, but I can say under oath that I
j.got it as an official document of the institute,

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because I think it is germane.
If it please tha Court, l would be happy 

to swear to it at this tlae,
THE COURT: I will sustain the objection 

®t this tine. But if counsel cannot work out the 
differences at a recess, then naybe it will be ap­
propriate for you to take the stand.

MR. NEWTON: All right.
Since your dismissal by the Alabama Insti­

tute by letter dated May 29, 1969, have you had 
any other employment, Mrs. Hill, since that tine?
A Not regular. For one year I did supply
work.
Q You did supply work for one year?
A Yes.
Q And where was that?
A In the county, Talladega County.
Q In the Talladega County school system?
A Yes.
Q And what did you teach, doing supply work
in the Talladega County school system?
A Social studies for the most part, and
P.E .

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Q And I believe social studies was your
■inor field of concentration, is that right?

j
A Yes.
Q And can you tell us approximate ly how i
much money you earned during the one year that 
you supplied?
A About -- let me see. 700 and something
dollars.
Q 700 and something dollars?
A Yes. j
Q Less than $800?
A Yes.
Q And from the time of your dismissal, Mrs.
Hill, until this present time, has any official 
of the Alabama Institute for the Deaf and Blind 
or any board member ever conveyed to you that you 
were dismissed because of your being Incompetent 
to teach your field?
A No, it hasn't.

I
MR. HEWTON: Your witness, sir.

CROSS EXAMINATION

Q (BY MR. BOYETT:) Mrs. Hill, you were

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teaching there at your lnatltute -- well, at the 
time you started teaching, you saw a lot of progress! 
made at the institute during the time you were therep 
did you not; I mean, that by Insofar as people teachp 
ing without degreees, general upgrading or there was 
a constant program of trying to upgrade the curri­
culum of the school?
A Well, during my employment there?
Q Yes, ma'am. I'm asking if you didn't ob­
serve that, if you weren't conscious of that?
A Yes.

iQ And you saw it?
A q Yes.
Q And of course although you were on the
Fort Lashley Campus, you were -- and you had a 
principal there on the campus, Mr. Strong, but 
you also were conscious of what was going on, on 
the other campuses?
A No.
Q You did not ?
A No.
Q You had no connection with the other cam­
puses?

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A No.
Q You had no -- you didn't have any occasion
to visit any of the home economics departments of 
the other campuses?
A No.
Q Neither for the defendant achool nor for
the blind school?
A No, never.
Q And in other words, you confined all your
activities to the Fort Lashley Campus?
A Yes.
Q Now did you receive visits from supervisory
personnel from other -- in other words, did Mr. 
Gentry, while he was president, did he ever come 
to visit?
A Not as an official visit. Sometime when
he had guests.
Q Well, did he come by from tiaM to time?
A Yes.
Q Did he talk to you from time to time?
A Just passing the time of day until I called
a conference with him. Just, you know, how do you 
do and that kind of thing.



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Q And Bpv what people did you consider to be
your immediate supervisor?
A Mr. Strong, the principal. And at the tine
Mrs. Rogers was the supervising teacher.
Q That is Mrs. Jack Rogers?
A Yes.
Q She was the supervisor of teachers?
A When I was eaiployed, yea.
Q Now she would cone every day and sonatinas
most of the tine she would visit at least twice a 
day, would she not?
A No.
Q She didn't?
A No.
Q How often would she cone?
A She would cone occasionally naybe once a
day -- not every day, but she would cone often.
She wouldn't cone every day.
Q What did she do; what did she talk to you
about, and what did she do when she cane?
A Well, she would comnent on ny work. Some­
times suggestions, what she thought rfiould be done. 
Q And did you ever talk to her about problens

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that you had in the department? I
A I didn't have any.
Q You didn't have any probleaa?
A Mot any probleaa that needed talking with
•- 1 aean about.
Q Is the saae true with Mr. Strong?
A Well, what is true about Mr. Strong?
Q That you had no probleaa and that you didn't
discuss any probleaa with Mr. Strong?
A Yes. 1 discussed probleaa with Mr. Strong.
Q What would be the nature of these probleaa;
Just routine natters that would coae up In the usual! 
curriculua of the school?
A Yes.
Q Other than that there is nothing that in­
presses you particularly?
A Well, one thing, made a little reaark about
was when I was hired, 1 was asked to be the Girl 
Scout leader, to assist the Girl Scout Leader. And 
I did. And then before the year was over, it was 
turned over to me entirely. And I was nominated 
to go to this national convention. And I asked per­
mission to go. It was to last a week, about a week.

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: —-------------- 1

And he said that I could go. And this lady that 
■tended clothes would keep ay class while 1 was 
gone, and about a week 
Q Who was this lady?
A Mra. Arnold. And about a week before tiae
to go, he told ae to rewind hia at that tiae. And 
I did remind hia. And he said that if I went, I 
would have to get soaeone to teach in ay place.
And I would have to pay that person to teach. And 
maybe Mrs. Arnold would work in ay place. But I 
would have to pay her the tiae that she taught. 
Although she was eaployed by the state and got a 
aonthly salary.
Q In other words, that is the problea that
you remeaber?
A It wasn't a problea. I just say --
Q But it was the incident that you reaeaber?
A Yes.
Q But this didn't directly affect your curri­
culum of your day to day work in your clasarooa,
did it?
A No.
Q Now --



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A I had a alnor problaa like discipline or
something like that, but very few of those we would 
discuss.
Q Now you taught deaf students?
A Yes.
Q And how did you communicate with them?
A By finger spelling and sign language and
readlng.
Q Does this In itself present soae unique I
and special problems?
A At first I thought so. And I didn't want
to accept the job. But after Mr. Strong told me, 
why you will catch on, you won't have any trouble, 
and I asked if there was special classes given 
to the new teachers, and he said no. You will 
catch on. And some of the older girls will help 
you, and since you're to work with the older girls, 
you will catch on. And then I was allowed thirty 
minutes a day for the girls to teach me some of the i
signs that were used in the classroom.
Q And you tell us that the time that you were
employed, and the time you started teaching, that 
you knew nothing of communicating, you had no specif 1

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deaf education?
A No special.
Q So any special deaf education that you re­
ceived, it was received while you were with the
institute?
A That*s right.
Q There was no program available like the
one that you went to the University at the time 
you started down there, was there?
A No. But later there was a summer session
set up, I think it waa at Clark College, and said 
some of the teachers could go to this program.
And I wanted to go. And he said no, you can't 
go because this is not available -- it was teaching 
of Negro deaf children, that waa the name of the 
course. And he said no, that I couldn't go because 
it was not available to vocational teachers and P.I.j 
teachers. But 1 found that that was not true, be­
cause the program was available to P.E. teachers.
Q Now just a brief reference -- how many sum­
mers did you say you attended?
A Attended what?
Q The University?

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A Three.
Q Three sunners?
A Yes. I
Q And is it true that eil three summers that
you aade an average -- that you made a grade of C 
on all courses that you took?
A No, that is not true.
Q Itisnottrue?
A No. I did make an average of C, but I
didn't make a C on all courses.
Q Oh, you made an average of C?
A Yes.
Q In other words, some grades were below C?
A No, above C. Each suascr we had two classes.
And the first summer I received a C in both classes.'
The next summer I received a B and C, and the next j 
summer a B and C.
Q Now isn't it true, or did you know that a
C was -- would not -- it would qualify you for con­
tinuing this special education, but it would not 
qualify you for admission to the graduate school?
A Yes.
Q And that you could not be entered into



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graduate work, that it was considered substandard? I
A Well, you could enter, but it wouldn't --
you couldn't enter graduate work if 
Q If you could be admitted?
A Yes.
Q You could enter graduate?
A I mean, the C wouldn't keep you -- the C
that I had from the summer wouldn't keep me fromI
entering that work.
Q In other words, the C in graduate school
and C in this type of work is considered substan­
dard work?
A Yes. C in graduate work is substandard
work, but I was not --
Q This was graduate work for you?
A I was not going to get graduate credit. I
was going to get Information and methods of teach- 
ing the deaf. That is why I was there.
Q And in other words, you were not interested
in pursuing a post-graduate course, but you merely 
were seeking information that might be of some bene­
fit to you in your teaching?
A In my classroom work. I had never had a

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course in deaf graduate education, and this was an
opportunity, and I did go.
Q Now you mentioned Mrs. Dempsey as being

|
one of the teachers. Now was not Mrs. Dempsey, 
didn't she confine her duties to sewing?
A She was the clothing teacher at Fort Lashleyi
Campus.
Q Commercial sewing actually?
A Not at Fort Lashley. As I said, I didn't
know her to do this on the South Street Campus.
Q You didn't know on the South Street Campus
she confined her activities to commercial sewing?
A I did not.
q There is a difference between teaching sew­
ing home economics students, that is, making clothes 
and all, and commercial sewing, is there not?
A Yes. It is different.
Q Commercial sewing is quite a part of the
program at the institute down there, is it not; 
rehabilitation work, in other words, people that 
engage in that, it is part of that work?
A Yes .
Q You taught primarily foods, did you not?



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A l was hired to teach foods. But after Mrs. j
Dempsey left, I taught food and clothing.
Q That was the last year? I
A The last year.

j
Q Yes. When did Mrs. Dempsey leave the South
-- the Fort Lashley Campus?

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A She left, oh, that was about four or five |
years before.

. 10 And then you taught both foods and clothing?
A Yes . j
Q Did you receive any supervisory visits from 1
anyone from the Department of Home Economics with
the state ? ;
A 1 received one.
Q And do you recall when that was?
A Talking about the year? 1
Q Yes, ma'am. 1

11
A No. 1

Q Was that in -- on or about October 18, 1967?|
A Maybe.
Q And at that time could you tell us who it
was that came?
A Mrs. Turner. 1

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Q That Is Mrs. Batty Turner froa Tuskegee?
A Yes. And Mrs. Coe.
Q And Mrs. Coe fro* --
A Froa the state, I think.
Q She is the state supervisor?
A Yes.
Q And Mrs. Turner was also a state supervisor?!
A Yes.
Q How long did they stay with you on that day?!
A Well, Mrs. Coe stayed only a short tiae, but
Mrs. Turner stayed practically a day.

iQ All right.
A Better part of a day.
Q All right. And did they talk to you about
your program?
A Mrs. Turner did.

IQ And had you known Mrs. Turner before this?
i

A Yes, I knew her.
Q You had worked with her in Future Hoaeaakers^
did you not ?
A No.
Q You had not?
A No.

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Q You did have a group of girls in Future
Homemaker programs, did you not?
A Only by name •
Q Only by name 9

A Yes. We never did participate in any of
the activities. It was there when I c ame, and each
year they continued, but only by n a m e . We d i dn ' t
do anything, didn't par ticipate in any of the func -
tions or acti. vities of the school.
Q And when Mrs. Turner was there, did she
encourage you to work toward establishing a chap­
ter ?
A I don’t recall. Oh, yes. I think so.
Q You think she did?
A Yes, I think so.
Q Now you have introduced -- has been intro­
duced here two different -- well, I will skip aver 
that. I think this is for prior years.

At the time that you were terminated, is 
it not true that all of the girls that would have 
been involved in home economies, that they would 
move to the South Street Campus?
A Now I couldn't say yes or no.

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Q Well, they did not have hone economies at
the Fort Lashley Caapus?
A That I can say they did not.
0 They discontinued it? I
A They discontinued hoae ec at the Fort Lash­
ley Caapus.
Q And they aoved it, and Mrs.Seruggs -- now
you said you knew Mrs. Scrugga for aany years?
A Yes.
Q Mrs. Scruggs was a very capable, very cos-
petent teacher, was she not?
A I didn't know her as a classrooa teacher.
Q You never observed her work, and you had
no opinion? |
A Never been in her classrooa, and never ob­
served her work. I just knew her as an individual.
Q You say Dr. Elliott talked to you about
and offered you eaployaent, you said in hair fix- |
ing. Actually they were Interested in cosaetology, 
did they not? I
A They didn't teach it.
Q I know, but didn't you say they were in­
terested in setting up and teaching it?

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A Yes.
Q And n a k e d you If you would b e Interested
In that?
A Y e n . And I told thea I didn't have any
training whatsoever in cosmetology.
Q Mrs. Hill, in talking about your work, you
have applied for your -- for withdrawal of your 
teacher retireaent and signed, I believe, a state* 
went to the fact that you do not Intend to teach 
again in public schools or state educational in­
stitutions of the State of Alabama?
A I had to do that in order to get the re­
tireaent aoney that I needed very badly.
Q Well, I'm just saying, though, that you
did do that?

|
A Yes .
Q And that -- and that was in, I believe, July

iof '71?
A Yes.
Q All right. As I understand it, you have
positively testified that at no time did anyone 
ever criticize your program or ever criticised the 
fact it was dirty, and it was disorganized, and that

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you were not you didn't hive the proper curricu­
lum, and that you were not teaching proper foods, 
matters that are Just basic things that go to home 
economics; is that your testimony to the Judge that 
no one has ever talked to you about those matters

'and never criticised you for them?
A I don't think you naked -- I mean, I didn't j

say that.
Q I will ask you now, then.
A I will say that the date that Mrs. Turner
came to visit.
Q Yes.
A And Mrs. Coe, well, Mrs.Turner criticised.
She said that it was not organised, and it could 
be cleaner. But she could understand, because I

ididn't have anything to work with. I didn't have 
any filing cabinets, and the children used -- I used I
the cabinets in the kitchen to put their clothing 
project work in, because I didn't have any other 
place to put them. And you know, clothing shouldn't! 
be kept in the kitchen. But I didrft have any other 
place to keep them. So that is why we used the 
cabinets to store the children's projects when they

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were working on their projects. She said it was 
not organized, and it was -- coaid be cleaner, 
and Mr8. Turner is the only oae.
Q She is the only one?
A Yes.

MR. BOYETT: All right. Your witness. 

REDIRECT EXAMINAT ION

Q (BY MR. NEWTON:) I have one or two aiore
questions.

As part of that, you talked to black parents 
froa time to tiae though who caae to visit their 
students there at the school where you taught, is 
that right? |
A Yes.
Q That was part of what the lawsuit was all
about, wasn't it; they didn't have adequate facili­
ties over on the black caapus to store up anything; 
even in the doraitories they didn't have lockers 
as opposed to the whites, did they?
A They didn't.
Q And let ae ask you this, Mrs. Hill, did
you wait over a year after filing this lawsuit

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before you filed for your teacher retirement?
A I waited two years .
Q Was it upon my advice to tell you to fin-

!
ally go ahead, because I couldn't tell you when this 
case was coming up?
A Yes.
Q Now isn't it a fact that you cannot with-
draw teacher's retirement from the state unless )
you say that you don't expect to teach in the State 
of Alabama again?
A That's right.
Q Otherwise, if you expected to he reemployed,
they would have to hold your teacher's retirement, 
that is one of the rules, is it not?
A Yes.
Q Did you have a very good janitorial service
there in and around the school where you taught?
A No.
Q Was it a fact that your children did not i
have places to put their clothing even in the dormi­
tories and lockers to put their things even when 
they were in class?
A Yes .

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Q Things they would not use?
A Yes.

|Q This was the general condition of the Fort I
Lashley Campus, is that right?
A Yes.

MR. NEWTON: That's all.
THE COURT: All right, you can step down.
MR. HEWTON: I call Mr. E. H. Gentry.

E. H. GENTRY.
being previously duly sworn, testified as follows:

DIRECT EXAMINATION
Q (BY MR. NEWTON:) Please state your aaae,
please, sir.
A E . H. Gentry . i
Q Mr. Gentry, you're formerly the president
of Alabama Institute for the Deaf and Blind, is 
that right?
A That's right.
Q Do you recall, Mr. Gentry, in answer to a
subpoena to get certain documents, and my spending 
the better part of an entire day with you in your 
office up there some three or four years back?

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A Get a subpoena?
Q Yes, sir. You recall my taking your depo­
sition in your office along with another young nan I
when this case was first instituted?

MR. BOYETT: Judge, I assume he is talking 
about this case, he is talking about the case which 
this is an intervention, and we are just trying the 
inter vent ion.
Q This is the same case. Do you recall the
case of Christine Archie vs. yourself and Alabama
Institute of Deaf and Blind?
A Yes, I recall that.
Q And do you recall my coming to your office
with another young man and Mr. Tom Meador, the

!Court Reporter?
A Yes, I do.
Q And we took your deposition for the better |
part of a day up there?
A That's right.
Q And we asked you at that time in response
to that subpoena for the deposition to bring recordj
of teachers and salaries and so forth?1 !
A Right.

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"T ....

Q And you had that prepared for us?
A Right.

1Q And 1 would like to show you this document, I
and ask you if this isn't one of the documents that ! 
you prepared for us?

!
A I'm sure it is. I have every reason to be- i
lieve this is correct. Because I did prepare such 
-- have prepared such salary schedules, what it 
actually amounted to. f

MR. NEWTON: Now, Your Honor, I would like 
to renew and ask that the Court will accept Plain- 
tiff ® Exhibit No. 6 for identification into evidence 
as Plaintiff's Exhibit 6.

THE COURT: Any objection?
MR. BOYETT: 1 don't know what the date on

it is, Your Honor. I don't know what date this was 
taken on.

THF COURT: Is there any indication?
MR. NEWTON: Yes, sir. The very top of it 

has 1967-68.
THE COURT: I will receive it.

Q Now, Mr. Gentry, you know Maude Hill, did
you? 1

I

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I A Yea .
Q And she was in your employ athere at Alabam.
Institute at Fort Lashley Campus, is that right?
A Right.
Q She was employed during your tenure there ?
A Yes.
Q When did you retire?
A No. I believe she was there when I went
over there as -- I mas head of the adult deaf and 
blind department, and Maude was already employed 
when I was made president.
Q All right, sir. You came from the adult
deaf and blind department, is that correct?
A Yes, the adult blind and deaf.

1 ' ' ' iQ When you were made president, she was al-
ready employed there, and do you have any judgment, | 
Mr. Gentry, how long she was employed there while 
you were president?
A All the time since 1 went in.
Q When did you retire ?
A July 1, 1968.
Q So then when did you go there as president
Mr. Gentry ?

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A I think It was in '62. 1 was there six
or seven years. I can't recall whether It was 
six or seven, but six or seven years.

I
Q During your entire tenure there, Maude Hill
was employed there?
A Yes.
Q And what was her Job? j
A Well, I can't recall at any particular tine
when she was moved into the hoaie economics teaching 
role. But I found her employed as a teacher or 
supervisor. Now I wish I could have gotten that 
record clear. But if I understood it, she had 
done some supervisory work too. What I mean by 
supervisory, looking after the care of the children. 
Q So at some time though during your tenure
there as president of the institute, she did teach

|in the area of home economics, you're sure of that?
A kight. I'm sure of that.
Q Did you occasionally visit her class?
A Yes . i

Q Have any conversations with her?
A Yes, 1 did. 1

Q Did you ever see any of the work that her

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students did there?
A I saw -- made a special point to show m
some of the things the students did. 
q Would you sny it was good work?
A Well, I'm not an expert in sewing, and
dresses and the work there, 1 don't know whether 
it was good or not. I think there was some good 
work done in the program.
Q All right, sir.
A But that was in -- you're talking about
the clothing area or the sewing area or the cook-

I
ing?
q Well, we will start with the clothing area.
You said that -- I believe that was what you were 
talking about at that time, waan't it?
A Yes. IIQ All right. Now did you also have a ten-

Idency -- have an opportunity to see the class in 
operation in the cooking area?
A Yes. I was in there when the classes were.
Q Did you have an qpportunity to observe and
form an opinion about how the students were doing 
in that area?

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I| A Sure.
Q How were they doing?
A I would say it wasn't up to standard at

48

.n.
Q All right. Was the equipment up to stan-
dard in the Fort Lashley Campos?
A It wasn't everything we desired, and we
discussed that, and we knew it wasn't.
Q Would you think the lack of equipaMnt be-

Iing up to standard would have some bearing on how 
the product turned out?
A Well, it way have soae. But we had the aaae !
equipment as far as cooking was concerned that you 
find in any home ec department over the state. The iI
gas company and Alabama Power Company furnished -- |
changed out equipment about every three years. I
They had standard stoves and refrigerators and so I
forth.
Q Are you teLllng me the equipment was the
same on both campuses?
A I'm telling you that as far as what we had
in the cooking for -- for teaching cooking and stoves 
-- see, the gas company furnishes some, and the

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Alabama Power Company furnishes some, and the re­
frigerators were the same. If i understood from 
those companies they made no difference.
Q And when you say you thought the cooking
was not quite up to standard, what did you find 
wrong with the cooking, Mr. Gentry?
A Well, that is a rather long story, the
vocational home economies department -- you aee, 
they are supposed to follow a lesson plan for a 
class or -- I don't think too -- we don't call 
that in vocational curriculum. But they follow, 
steP fcy *teP» •» the students make progress. And 
I have referred to that department down there many 
times while I was there to the state supervisory 
staff in vocational home economics. I said they 
are doing more tooty-fruity than they are following 
any plan. I saw very little evidence of following 
any organized teaching plan.
Q When you said that this was in relation
to your home economics department?
A Right.
Q Both of them or one of them?
A The one on Fort Lashley Avenue.

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Q All right. And you found that they were
not following the plan as put out? ,

IA That's right.
Q Now, let me ask you this, this plan that
you refer to, was this a plan that was generally 
put out for teachers of home economics?
A Over the state.
Q Whether they be deaf or blind schools?
A That * s right.
Q Bat you do have some special problems
with deaf children as opposed to other children 
taking the same course, is that right?
A That is true.
Q All right. Now did yea talk te Mrs. Hill
on one of these visits about following a plan?
A Well, I wouldn't want to under oath say
just exactly ay approach to her, because I -- every j

i
visit I made, as any superintendent or head of a 
school system would da, was through the principal's 
office. And in addition to that, from time to time 
1 did talk with the vocational department from the 
state office at Montgomery about my concern for this 
particular as against the one that was up on the

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other c aapus.
Q All right. Now, Mr. Gentry, you recall

ithat at the time -- now you said this guideline 
that you refer to is put out by the state depart- 
■ent for students who are in the deaf school and I
students who are in the blind school, is over

ithe board across the state, is that right?
A Yes . I
Q Now do you recall that in the years pre­
ceding your retirement, 1964, '65, '66, '67, the

.

black children at the Alabama -- I believe yau |
identified the schools, you comld always tell 
which was the black one because you had the word 
state in there, it was called -- the black school 
was called the Alabstma State School for the Deaf?
A Right.
Q And the blind school -- the black blind
school was called the Alabama State School fori I
the Blind?

IA That's right.
|Q All right, sir. Now do you recall, Mr.
j

Gentry, that the Alabama State School for the
Deaf was not a graded program in 19 - at the coMtenep-

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■ent of this lawsuit, Archie vs. Alabama Institute, 
that that was a non-graded prograa In tha Alabama 
State School for the Deaf?
A That's right.
Q And in the Alabama Institute for the Deaf,
meaning the white school, it was a graded program, 
is that right?
A Well, no. They are not -- if I understand
it, of course, you can get that answer from the 
president now, as 1 understand it they are not 
haven't met all the standards for accreditation !
as of this good hour in any school.
Q No, sir. That was net my question. In the
year 1966-67, and a few years before that and per­
haps a year after that, you had grades -- you ware 
graded over atthe Alabama Scheol for the Blind, 
Alabama Institute for the Blind, what I choose to 
call the white campus, at that time they had gradest| 
students would be in the fourth grade, fifth grade 
and so forth, and the entire Alabasui State School 
for the Blind was non-graded, is that right?

iA No. I couldn't rightly say, because you're I
-- you have jumped off of the school for the deaf

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on to the school for the blind.
Q Let's just take, Mr. Gentry, the two at
the tiae, the two deaf schools.
A Nov 1 thought you scant deaf when you were
mentioning blind awhile ago.
Q Yes, sir. Let's take the two deaf schools, j
Is it not a fact that the Alabama State School for 
the Deaf, the black school, in 1966-67 was a nen- 
graded school; I don't mean accreditation, but 
just non-graded?
A Now in order to rightly answer your ques­
tion, I would have to say that there was a diffe­
rence in philosophy of the principals of the school 
for the deaf and the prinicipal of the school for 
the state deaf. There was a difference in philoso­
phy of those two principals. And ay chief concern 
all my years there was to get that philosophy to­
gether. Now as far as the classification of 
students by Mrs. Strong and the classification of 
the students by Mrs. Riser, they did not agree.
Q Mr. Gentry, you recall both the testimony
in your deposition in this case, this is one of 
the issues that we talked about at that time, is



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that r ight ?
A That's right.
Q Do you recall you had certain graduation
and certain things where a child would be promoted,
I believe you called it intermediate, you had about 
three or four different classifications in one 
school that were not present, and l'm talking only 
about the deaf schools at that time, isn't that 
right ? i
A At times there we had, in the school for
the deaf, lower intermediates, upper intermediates, 
and the regular advanced program. Mr. Strong did 
not follow that connotation in his school entirely.
Q So there was no uniform policy of teaching
black deaf?
A Between the two school?
Q White deafs and black deafs? i
A Right.
Q As a matter of fact, those four grade levels!
you talk about in the deaf school, there were in 
fact only two in the black school, and they had 
nothing to do with the area of improvement, is 
that right?

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4<HJ > W>.t

W*11, no* 1 ■ not t°i*I «o answer that 
question yes for the simple reason s«Msa of the
best teachers we had were in the state school for
t h e  deaf. And we had some good t e a c h e r s  -- II
mean -- let se call it the Fort Lashley Avenue 
and Main Campus. But I found that they were all 
taught regardless of the connotations put on the 
grade situation by the principals. They were all 
taught on the level at which they could best 
understand and be the best served. I don't care 
whether it was three or four grades, you call it 
that, or whether you call it lower intermediate 
or elementary grades. They did not call them -- 
they did not use the same connotation. But I 
will assure you thst some of the best teaching 
we had there was in the state school, that is, 
the school on Fort Lashley Avenue.
Q But now, Mr. Gentry, along areas of accom­
plishment at the Alabama State School for the 
De*^> y°u ^ad students -- because you did not have 
them divided in these various grades, you had stu­
dents in those grades who were achieving, and sam 
who were not, and some who were slow; you did not

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have the kind of division that you had at the -- 
for the aain caapus, is what I'a talking about?
A My answer would have to be no. You're
trying to force me to say soaething that they 
were not getting the saae type of instruction 
at one school they were in another, or they were 
not classified according to
Q Well, it is a fact they weren't getting
the saae instructions, or the saae courses, as 
far as that is concerned at that tiae, isn't that 
right ?

IA It depended on the individual teacher.
Q Well, there were aany courses that were
offered at Alabaaa Institute for the Deaf that 
were not offered at the State School for the Deaf 
at that tiae, at the time of coaaenceaent of Archie 
vs. The Institute, isn't that true?
A Unless unless it was, as I reaeaber in
that deposition, unless it was in the vocational 
area. I
Q That is true. Yes, sir.
A But as far as acadeaic, you're trying to
lead me to say --

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fV N ©, s i r .
A -- that when I go from one school, all right,
if I vent in a class of Mrs. For bus down at Fort I
Lashley Avenue, and went up to the class of teacher 
X in the other school, 1 sight find no comparison. |
Mrs. Forbus may be doing a whale of a lot hotter

ithan this teacher. By the same token I may find 
the teacher in this school doing a poor job, aad one 
up here doing a good job. Now I'm not going to

ianswer, Your Honor, unless he forces it on me, that
the type of training that they were getting in one I

|school in every area was superior to the other, 
because I cannot say about those teachers who are 
dedicated and doing -- and who did a good job there.

THE COURT: Mr. Gentry, just a minute. I 
don't believe you really need to worry about where 
he may be leading you. If you will Just answer his 
questions, and assume that I can draw a distinction 
between inferences and what ought to be Inferred 
instead of trying to protect yomrself against in­
ferences that you think might be drawn about it.
Just answer his questions.
A Well, thank you, Your Honor.

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Q Mr. Gentry, did you think that Mrs. Hill
was a dedicated teacher during the tisie she was 
there under your tenure?
A Well, I think she was Interested in --
Q Do you think she was dedicated to her Job?
A In certain areas she showed intense in­
terest in what they were doing.
Q All right. You think shewns dedicated to
her job.

You have any probleas with her about not 
coning to work or not showing up on tlae or any of 
those things?
A Not any particular one any aore than the
others.
Q All right, sir. Did you ever send her a
letter or cause to be sent to her a letter or 
anything about her?
A Not as I recall.
Q About inefficiency or anything?
A Not that I recall. That doesn't aean that
I wasn't concerned in talking with the principal.
Q You did that with aany teachers, didn't
you, all over the institute?

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A Sure. But I don't remember ever -- I
don' t remember sending a teacher any letter. 1

I
wouldn't do that over a principal.
Q That is why 1 asked you if you caused to
be sent. I

Did you ever instruct any principal to 
send her a letter about her condition? I
A No. i
Q All right. Did you ever call her to your
office to complain about her competency or lack
of it ?
A No.
Q Did you ever instruct her principal to
call her to his office about her incompetency?
A That was left entirely up to him after I
had told him what my
Q All right, sir. And during your tenure as
president of the institute, you never dismissed 
Mrs. Hill or sought to dismiss her, did you?
A No.

MR. NEWTON: Your witness, sir.
THF COURT: Let's take about a ten minute

recess.

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(WHEREUPON, proceedings were in recess from j
10:30 A. M. until 10:45 A. M. , following which the 
following occurred:)

THE COURT: Cross examination.

CROSS EXAMINATION

Q (BY HR. BOYETT:) Hr. Centry, I believe you
testified that at the time you came to the Alabama 
Institute for the Deaf and Blind, that you came in 
connection -- you were with the vocational rehabili­
tation program?
A Not entirely. It is the vocational education.
Vocation was a service in vocational education de­
partment .
Q And home economics as such is vocational
education?
A It is one of the services inthe total vo-

i
cational program.
q All right. Now, Hr. Centry, what is your
background in vocational education?
A Well, first of all, I was principal of a
state school under the State Board of Education,

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that was a vocational regional school, agricultural 
and trade school. And from there in 1930 I went to i
the State Department of Education as supervisor of 
the rehabilitation service, which is a part -- was 
at that time for the divided division part of the 
whole vocational program. Later I was made asso­
ciate director of the total program of vocational 
education which includes home making, agriculture,
T & I, and rehabilitation at that time. And I 
stayed in the state department for 23 years, and 

was in Talladega 15 years as director of vocational 
education there, and the adult department before 
the board made me president of the institute.

Is that the background you wanted? 
q Yes, sir. Is it in this connection that
you say that an organized plan is the essence of 
a vocational educational program?
A In all areas, not similar, not the same
type plan.
q I understand.
A But in the field of what we call vocational
home ec, vocational homemaking program, there has 
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involved with that standardisation program for all 
departments in the state.
Q Now is this program the plan that you testi­
fied that your observation of Mrs. Hill did not fol­
low?
A No, she didn't follow that. I'm definitely
sure of that. Even though I had very little contact 
in her classroom, but in my years of experience of 
going into hundreds of home ec departments over the 
state, 1 didn't have to be an expert in that to re­
alize that our department there was deeply concerned 
to me, it was not up to anybody's standard.
Q And when you went in the department, in
other words, you had worked in these fields, and 
you were familiar with the equipment and so forth, 
and you observed -- you could observe for yourself 
the equipment that wss available for the program, 
and you were conscious of the equipment that was 
available in her department?
A Yes, I was.
Q There might have been other things that
might have been desirable?
A Oh, definitely, yes.

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Q That is true, I suppose, through all de-
partnents of the Institute?
A Yes.
Q And did --Is cleanliness an iaportant part?
A Very auch so.
Q And especially In regard to food?
A That's right.
Q Did it cone to your attention at any time
about the type of food she taught as to whether or 
not she was following a basic food prograa or whe-
ther -- what did you call it, tooty-fruity?
A Yes , tooty- fruity.
Q What is that, cooking what you want to?
A That is cooking little cookies and things
that was created there, and I talked to the princi­
pal many tines. There was a created feeling that 
they were rendering the best service in the hoae 
ec departaent when they were cooking things that 
would be needed for their own parties and things 
of that kind. I saw evidence of that. And so 
told the principal. I didn't discuss it with the 
teacher because 1 would have been out of place 
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some of that, and get her on the bean of teaching 
vocational hone economics, because that area 
another thing that I did with all the teachers,

I
I think we wade a good -- 1 think we made some 
progress in this area, even in the homemaklng 
department down there, of getting things cleaned 
up. It was messy,I mean, it just wasn't --the 
cleanliness wasn't what it should be. And when 
the state supervisor came in, they would report i
that same thing. 1 think their reports will bear 
that out that they found it.
Q All right, sir. Now you had additional
problem with your students there by virtue of 
the fact that they were handicapped?
A That is true.
Q And did this make it more difficult to
secure personnel, teachers and other personnel, 
supervisors and so forth, to work with them?
A Well, in the field of homemaking educa~
tlon, let's put it, well, it is true in the other 
areas, academic programs of the school, but in 
this area particularly I just didn't know of any- 
where to look for someone who would take that job.

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I, iIt was not up to any standard, the department wasn't.!
And we had difficulty -- we have had difficulty in

jall ny experience over there in finding qualified 
teachers who had beth the background of work with 
the deaf and general background, educational back-

•ground.
Q And is this problea aore acute in areas
like vocational education hoae economic teachers?
A It definitely is.
Q Mow the teacher when -- now I believe the
actual implementation of the federal order that -- 
I believe they moved all students beyond grade 
eight to the South Street Campus, did they not?
A Well, there again when this case
Q Was that after you left?
A No. That was before. That was while I

I
was still there. And when this deposition was 
being taken, and when they had a hearing on our 
plan, the plan called for the plan of integrating 
the schoel which we were deeply involved with all 
during 1967 and early part of *68, and mainly 
in '67, which Hr. Bagley represented the insti­
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that case was before m s . I think that is the 
Christine Archie case that he was referring to 
this morning which I -- that had to do with the 
integration of the school. New in that, Your 
Honor, we had a plan that we thought over a 
period of three years, and that was moving all 
of what we could call ordinarily in the public

I
schools junior-senior high school pupils, abolish­
ing both in the schools for the blind and abolish­
ing junior-senior grades entirely. That was to

Igo into effect July 1, 1968. The remainder of 
that plan called for moving grade by grade over 
a period of three years. And at that time we 
would have a total
Q That was the plan though that was approved
by Judge Grooms that later the Fifth Circuit 
though ordered you to go ahead and integrate imme­
diately. Now I'm talking about the order of the 
court that ordered the implementation.
A Let's get the record straight here. That
was the plan that our board had approved, and that 
is the plan that I turned over to -- even though 
they had questioned it before Dr. Elliott came

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in as president. I told hla that this was the 
plan.
Q Oh, I see. That was turned over to Dr.
Elliott?
A Right.
Q That vas the plan when you turned the
institute over?
A But by the tiae he got there, they had
done this. They didn't want to wait three 
years to get a total integration. And they had 
what is the right word I'a trying to say, they 
had appealed that plan.
Q And the Fifth Circuit had erdered --
but that was under Dr. Elliott?
A That's right. That part of it was under
Dr. Elliott.
Q But now so actually the answer to ay
question, then, the iapleaentation of the plan 
of Integration was carried out under Dr. Elliott's 
administration ?
A That's right.
Q And after your retireaent?
A That's right.



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Q Nov, Mr. Gentry, you were familiar with
Mrs. Scruggs?
A That's right.
Q And of course although you retired, you
kept in close contact and still do with the per­
sonnel and what goes on in the institute while 
living in town, I mean, you hear about it from 
time to time?
A Well, if you mean by that, I meddle.
Q No, I mean, now you -- would you say
there was any comparison from aa administrator's 
standpoint, is there any --in your judgment i* 
there any comparison between Mrs. Mill's quali­
fications and Mrs. Scruggs' qualifications?
A Oh, yes. Mow at this point, let me
naybe i made a statement in here, that I don't 
want to retract, but I want to clarify. I did 
in fact, when the board emftoyed Dr. Elliott, 
well in advance of July 1st, it was take effect 
on July 1st, and as a matter of fact asked me 
to serve one more month in August. And in fact,
I did tell Dr. Elliott that you're going to have 
a problem with this program of integration. You're



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going to have when you combine high schools, you're 
going to have to select between one teacher and 
another. And I want to tell you, and I want to
go on record now, and later I gave Dr. Elliott a

.

letter to this effect, that the teacher by our 
standards, they're wine and the principal's, we 
had been very auch concerned about the hoae ec 
department in Fort Lashley School, and that 1 would 
highly recommend to him, it was his prerogative 
and the board's, but I told him at that time that 
I had discussed Maude Hill's case with the executive 
committee on several occasions as far back as 1964 
and *65, and they said well, who are you going to 
get to replace her. I said well, I have no recom­
mendation to make at this time. Let's just hope 
that we can help her build a department up to stan­
dard.
Q But my question, though, really about Mrs.
Scruggs' qualifications, had Mrs. Scruggs been teach* 
ing in the field a long time; did you find her not 
only experienced, but very competent and very able 
teacher ?
A Yes.

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Q Probably one of tha aorc abla aeabtri of
the faculty at the institute?
A That's right.
Q And I believe her husband, Nr. Scruggs,
was principal of the school for the deaf until 
the school for the blind?
A Re had a background in public education
before he eastt there. He was an outstanding 
teacher in vocational agriculture. You have 
got to understand why I nay be a little hard 
in answering these questions. I wean, hard on 
individual answering these questions. But you 
have to understand that in all the vocational 
departiaents that I went in for a period of years 
up and down the state, and my position in Mont­
gomery, and when the agreement was reached for 
me to go to Talladega, it was with the full sup­
port of the state department that we would upgrade 
these vocational departments. We would get some

jnew buildings, which we did, and we would upgrade 
them. Now down at the school on Fort Lashley 
Avenue, when I went there in '54, the Fort Lashley 
Avenue Buildings, and as I pointed out in my

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deposition which will beer me out In that, that 
they had for a period of years there, they had a 
far better school plan than they had on the other 
campus. Now when we got this three million dollar 
building prograa, then the plan up at the other 
campus surpassed this one, and as I pointed out, 
this doesn't have anything to do with the Maude 
Hill case, but as I pointed out, time and again 
in my deposition, Graves Hall was a disgrace and 
a fire trap, and they had wore modern buildings 
at the state school, because they had been enjoy­
ing that for ten years before the other school 
got any relief. And I would have to say here 
that the home making department in the new build­
ing program at the school for the deaf was far 
superior to the home ec department in the school 
for the state deaf. But I couldn't have said 
that if I was on this witness stand in 1964, be­
cause it was not. They were just teaching in a 
makeshift situation at that time.

MR. BOYETT: Mark this.
(Defendant's Exhibit 1 marked.) 

Q Mr. Gentry, you referred to conversations

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that you had with Dr. Elliott when he took over 
as president, and then later that you wrote him 
a letter.

I show you a letter dated April 12, 1969, 
and ask you if that is the letter that you direc­
ted to Dr. Elliott, specifically in regard to 
Mrs. Maude Hill?
A This is the letter. This is a copy of
the letter.
Q Look and see if that isn't the original
letter; see if that isn't your signature?
A Yea. This is the original letter, be -
cause it is my signature here.

MR. BOYETT: All right, sir. May it please 
the Court, we offer this as Exhibit 1 for the de­
fendant .

THE COURT: It is received.
MR. BOYETT: I believe that is all.

REDIRECT EXAMINATION

Q (BY MR. NEWTOH:) Mr. Gentry, I have maybe
two more questions, sir.

Isn't it a fact that the home ec courses

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taught at the Alabama State School for the Deaf, 
meaning the black school, that at that time wasn't 
that called general home economics?
A It had to be, because it was not approved
for home ec.
Q And for the Alabama School for the Deaf,
had a course called vocational home economics?
A Correct, because it was standard.
Q These standards that you say that these

|courses were up to, this means they were following
|the program that was put out by the state depart­

ment that you talked about, the general program?
A Yes.
Q As a matter of fact, those teachers who
taught courses in vocational trades, whatever the 
trade might have been, even the salary scale was 
different, isn't that true?
A Now you will have to be more specific.
Q All right. Let's just talk about the
two teachers.

Let's talk about Mrs. Maude Hill teaching 
and assuming -- I'm jmst assuming now, assuming 
the same kind of training and same kind of experienc



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Mrs. Maude Hill taught general hone *eo- 
nomlci at Alabama State School, and Mrs. Scruggs 
taught vocational home economies at the State School 
for the Deaf, meaming the white school. All other 
things being equal, wouldn't the salary ordinarily 
be different for the teacher that taught vocational 
home economics and the teacher who taught general 
home economics?
A Well, since you brought that in the pic­
ture, I'm going to have to make a statement here 
to clarify one thing. When I went with the in­
stitute as president, as I recall it, I found 
Maude Hill's salary $2508 or 16 dollars, something 
like that. It was very low on the totem pole.
That was the cenditlon 1 found. I found that the

j  i
other home ec teachers were on -- came near being

.

on a state salary schedule. So 1 took that to 
my board. And when a meeting of the entire board 
of trustees was held, the state superintendent of 
education being present, I made a recommendation 
to that board. I said I'm concermed about these 
people who have degrees and qualifications on paper 
being so low, and what would be your -- what would

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be your suggestions to ae In correcting this situa- 
tlon. You reaeaber at that tiae the institute was 
in debt $104,000 when I went there. And we had 
just gotten a little bit of increase. And over a 
period of three years froa that time, Dr. Meadows, 
who was then the state superintendent of education, 
told our board that I recoaaend that we authorise |
Mr. Gentry to wake adjustaents in these salaries 
as rapidly as the funds are nade available. But 
he could not in one swoop, we couldn't expect hia 
to put all these teachers on the saae salary sche­
dule. It was so lew. But over a period of years, 
these three years, let's try to get thea up to a 
living -- a standard.

Mow one other stateaent and I will bei
through.

Now pursuant to that, the records will 
show there that that salary, and I told Maude 
Hill this two or three tiaes when she caae to 
ay office and aaybe talked to ae at the school, 
it seeaed to ae her concern, and I had explained 
it to her, I told her the state superintendent 
of education recoaaended to our board of trustees,

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•ad that I was carrying out that. And, whereas, 
over a period of three years we got enough money, 
everybody was underpaid, both white teachers and 
black teachers. We found soae of the white tea-

|chers, Dr. Elliott, just in as bad a shape as 
Muade Hill was in.
Q Yes, sir.
A But now one last stateawnt. I told Maude
this, and you raised this salary schedule. We 
told her we were going to do everything we could.
1 had instructions to do that. So over a period 
of three years her salary was increased about 
74 per cent, where the other teachers Inthe school 
was around 41 per cent. And your records -- the 
records of the president of the Institute will j '
bear that out, and 1 think 1 told you that at the 
time of the deposition over there.
Q I'm not talking about the raise at all.
A We weren't either.
Q But when you pay a vocational teacher,
a vocational home economics teacher as opposed to 
the general home economics teacher, isn't your 
salary scale of such that the vocational teacher

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makes more money, be that teacher black or white?
A Well, that is true.
Q That was my question.

And Mrs. Hill was teaching general home 
economics
A But that wasn't
Q Did Maude Hill designate the course general
home economics or did the institute designate the 
course ?
A I explained it as explicit as I could,
Judge, to the attorney, as to the predicament 1 
found myself in with Maude Hill when I went there, 
and the predicament it was in when I left. She 
was making better -- around 55, 57 hundred dollars 
when I left there. She was making around 2500 
when I went there.
Q Yes, sir. 1 understand that. But you
had courses in home economics at two different 
schools, one for the black and one for the white 
with different names. One was called vocational 
and one was called general home economics. Who 
gave those courses the designation?

MR. BOYETT: This is repetitious, and he

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has continued to go back to this Christine Arehie 
case. In other words, I say -- I don’t think I
there is any integrational question involved here 
or any question about the institute.

THE COURT: Well, I think it nay have 
so"* bearing relative to competency or
experience in teaching the kind of course that 
was going to remain available or open. To the 
extent you raise an objection, I overrule it.
Q Now, Mr. Gentry, who gave the courses those
designations; the institute?
A I would say yes. i
^ riRht, sir. Now this guideline or
this book, whatever for the teaching of home eco­
nomics that you have talked about, that was not 
being followed at the Fort Lashley Campus?
A Let s call it the state plan.
^ All right, sir. Now did that state plan
have to do with general home economics or did
that state plan have to do with vocational home 
economics ?
A Many schools -- when I was la Montgomery,
many schools used this plan in their general home

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economies program.
Q But what was tha plan designed for, general
or vocational?
A Well, it could be used either/or. But
general heme economics teachers, we had many of 
them that couldn't qualify for vocational to use
t hat.
Q Referring to that saae deposition in this
case, and, Mr. Gentry, I would like to show you a 
document -- let me have this marked.

I
(Plaintiff's Exhibit 7 marked.)' 

Q I would like to show you a document that
has been marked Plaintiff's Exhibit No. 7 for 
identification. Do you recall preparing that as 
for your vocational department for us at the time 
of that deposition?
A That's right, yes.
Q Is that a copy of that that you furnished
us at that time?
A These were our vocational teachers.
Q Yes, sir.

All right. Now, Mr. Gentry, when you iden­
tified a teacher as having rank 1, what are you

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Calking about?
A Wall, I haven't kept up closely with this.
You mean certificate rank?
Q Yes. When I say rank of certificate, and
this is when you were there in '67-68, what did 
you mean by rank 1 at that time?
A Well, I think they were master's degree
people. Rank 2 were BS degree as I recall.

80

Q And rank 3?
A Well now you're getting me down to where
it is a little more technical. Somebody in the 
state department would have to answer that, some­
body with the state department. But I think rank 
3 is two years of college or better. I'm not sure.
Q They are generally people who do not have
a college degree?
A Right.
Q And rank 5?
A Well, that is actually a person just in --
they can be issued only an emergency certificate.

MR. NEWTON: Your Honor, I would like to 
offer Plaintiff's Exhibit No. 7 for identification 
into evidm ce as Plaintiff's Exhibit No. 7.

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THE COURT: Does it show a data as of which 
MR. NEWTOH: Yes, sir, 1967-68 school year, j 
THE COURT: All right. Any objection?
MR. BOYETT: We think it is iswaterial,

Your Honor.
THE COURT: All right. I will receive it 

into evidence.
MR. NEWTOH: That's all 1 have.
THE COURT: Any additional questions?
MR . BOYETT: No.
THE COURT: All right. You can step down. 

Thank you. Can this witness be excused?
MR. NEWTOH: Yes, sir. I have no further

que st ions .

(WITNESS EXCUSED.)

MR. NEWTON: I call Mr. George.

GROVER GEORGE.
being previously duly sworn, testified as follows:

DIRECT EXAMINATION
Q (BY MR. NEWTON:) Will you state your
name, please?

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A Grover George.
Q Where do you live, Mr. George?
A 97 Knoxville, Talladega, Alabama.
Q Were you ever employed for the Alabama
Institute for the Deaf and Blind?
A 1 was.
Q And when were you first employed there?
A September, 1960.
Q And how long did you work there?
A Seven years, until May of 1967.
Q May of 1967?
A Yes.
Q And while you were employed there, what
were your duties?
A I was a teacher in the woodwork shop.
Q All right. What training do you have,
Mr. George?
A I have a BS degree in secondary education,
and a major in foreign language and a minor in art 
at the Alabama Teachers College.
Q Daring the seven years you were employed
at the institute, where were you employed, what 
particular school or campus?

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A At Alabaaa Institute for the Deaf and
Blind .
Q
A
Q

What caapus did you work?
Deaf and blind, on the deaf 
All right. When you say the deaf eaapus,

did you work at Alabaaa State School for the Deaf, 
meaning the black Institute?
A That 1 s right.

And did you work there your entire seven
years ?
A That’s right.
Q Did you have occasion to know Mrs. Maude
Hill during that time?

83

A I did.
Q Did you have occasion to visit in her
c1assroos or see her at her classrooa?
A Occasional, yes.
Q Did you ever have occasion to see her stu-
dents there?
A Yes, I did.
Q Now as a teacher with sose years of ex­
perience, in your judgment was Maude Hill conducting 
an orderly class?

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A The part I saw ah

________________ ___M

I sat* it she
was.
Q I believe you said that you have a minor
in industrial education?
A Industrial art.
Q So you're familiar, to some extent, with
trade courses, are you not?
A That 1s right.
Q Did you have a chance to observe her home
economies classroom?
A Yes, I did.
Q Did her learning process seem to be going
on ?
A Well, it certainly did. I mean --
Q Now, Mr. George, were you terminated by the
institute ?
A Yes, I was.
Q And when was that?
A The spring of '67.
Q All right. Was it by letter or otherwise?
A By letter.
Q From whom?
A I believe it was E. H. Gentry.

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Q Who was at that tlae president of the in -
s titute ?
A That's right.
Q And did your letter state any reason for
your teralnatlon?
A No. As I can vaguely reittnber, it spoke
of that you would be no longer eaployed by the 
Institute, and that -- that is all 1 can reseaber. 
That you will be no longer eaployed by the insti­
tute. In other words, that was the aost iaportant 
part to ae.

|
Q It didn't give any reason or anything
else for your teralnatlon?
A No, it didn't. i
Q It didn't have anything in there about
your work in connection with that?
A No, not about ay work.
Q So you had worked there previously seven
years ?
A That's right.
Q And had you had any special training in
woodwork that you were teaching?
A Special training?

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Federal Court Reporting C om pany  

409 Federal Building 
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Q Yea.
A Other than Alabasia State College.
Q 1 scan, in your minor, I gueas it was, in
Industrial arts, Is that woodwork a part of it?
A Yes, elementary carpentry and cabinet making
Q So you mere trained in your work?
A That's right.
Q And had a degree?
A Yea, sir.
Q And that Is all the information you r* -
celved upon your dismissal?
A That Is all.

MR. NEWTON: That is all I have. 
THE COURT: Any cross examination? 
MR. McCRARY: Yes.

CROSS EXAMINATION

Q
1

(BY MR. McCRARY:) Hem old are you, Mr.
Georg* ?
A 45.
Q And by whsa are you employed atv?
A The Talladega Dealer Home Publishing Com-
pan? In Talladaga.

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Q What do you do for then, Mr. George? i
A I work the press operator, labor press ope­
rator.
Q Aad when you were employed by the Alabama
State School for the Deaf, Mr. George, In terais 
of your departattnt as) the hone ec department, where 
-- how far apart were you?
A It was In classrooms you might say, and In
other words, the woodwork shop Is on the end of 
the building, on one end of the building, and the 
home ec departattnt was -- well, you might say it

|
was on the other end. And in the center, from 
the center to the other end, you might say, because 
they had an entrance in the center of the building 
extending to another entrance on the other end of 
the building.
Q Now what were the occaslmns, Mr. George,

I
for you obaerving the classroom activities in the 
home economics department?
A Well, pccasionally she would send for the
boys to come around and do different things, build 
things. Our biggest thing -- a lot of tla* we would 
come around and remove things from the building.

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Q In other words, your students would go down j
and assist Mrs. Hill in doing something?
A In moving.

!Q Some work around the home ec department?
A That's right.
Q Did you on oecasion take your meals in the
home ec department there?
A Yes. At one time we had such as parties
-- not parties, but I don't know how you would term 
it. But 1 have occasionally eaten in there.
Q And on other occasions did the instructors

ithere at the institute, at that campus, did you 
I ask you whether or not you used the home ec de­
partment there and the products of the home ec de­
partment as a place and a means of socialising 
one with the other; in other words, would you meet 
down there and drink coffee and eat cookies that 
students had prepared on occasions?
A Yes, on occasions.
Q And isn't it true, Mr. Ceorge, by and large,
as far as your opportunities to observe it and so 
forth, these are the occasions when you were in the 
department itself, when you were down there, and you

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were eating the cookies and taking your a«ali down 
there, and that aort of thing?
A Well now on tone occasions when I didn't
have a class, I have known of some cases where 
I didn't have ay class that I observed her teach­
ing her class.
Q All right, sir.
A On soac occasions I have been around to
her rooa when I didn't have a class, and when I 
wasn't in ay classroom or didn't have a class in 
my room, then I have been around and observed her. 
Because during the last years I worked there, we 
had supervising teachers there, and we had meet­
ings there.
Q All right. Mr. George, on these occa­
sions what was she doing?
A Well, she was teaching the girls how to
set tables and place the things on tables, how 
to cook and how to mix, how to name the different 
utensils in the kitchen and that sort.
Q All right. And this is the extent of the
instructions insofar as your opportunity to ob­
serve Mrs. Hill in the classroom?

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A Yea, I would aay so.
■

MR. McCRARY: That is all.
MR. NEWTON: That's all I hava. Thank you, 

Mr. Georg*.
jTHE COURT: Can the witness be excused?

MR. NEWTON: I would like to request that. 
THE COURT: All right.

(WITNESS EXCUSED.)
I
i

MR. NEWTON: I would like to call Mrs. Mary 
L. George.

MARY LOU COTTRELL GEORGE.
being previously duly sworn, testified as follows:

DIRECT EXAMINATION
Q (BY MR. NEWTON:) State your name, please, |
ma'am.
A Mary Lou Cotrell George.
Q Where do you live, Mrs. George?
A 97 Knoxville, Talladega, Alabama.
Q Mrs. George, were you ever employed by
the Alabama Institute for the Deaf and Blind?
A Yes, I was.

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!Q And hem long were you so employed there?

A From August 31st -- August 30th, 1 believe,
of 1960, until May of 1967.
Q So you were there approximately seven
academic years?
A Yes.
Q And whatwas your job at the institute, Mrs.
George ?
A House parent.
Q All right. Now by house parent, was that
someone who lived in one of the cottages, who 
looked afterthe girls welfare and et cetera?
A Yes.
Q And was the home economics department in
the cottage in which you lived as house parent? !
A NO.
q Where was it in relation toidiere you
lived ?
A It was in back. But I had to take the
little girls -- as a house aother, I had to take 
the little girls around to the same building where 
the home economics building was to get their hair 
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Q How often would you go in the area where
[

the home economics was?
A Daily.
Q Did you ever go into the home economics
class?
A I had to, because that was also sewing,
and the little girls' clothes had to be repaired 
in the same building and in this same room.
Q Would you stay there for some time when
you would go, or would you just go in and come 
out ?
A I would stay there most of my free time
getting the little girls' clothes repaired nost 
t imes.
Q. All right. And do you know Mrs. Rill?
A Yes.
Q And did you see her on these occasions
as a teacher there?
A Yes. I saw her daily.
Q What training do you have, if any, Mrs.
George ?
A Three and a half years in business at
Alabama State Teachers College in Montgomery.

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Q And are you nov employed?
A Yes. As a substitute teacher for the Talla­
dega City System, part time at Talladega Daily Home, 
also housekeeper at Shocco Springs Baptist Aasembly, 
which is a summer camp.
Q When you’re currently teaching in the County
of Talladega, do you teach any special courses?
A No. I'm mostly in the high school.
Q And you teach all of the courses generally
offered in the high school when jou work as a sub­
stitute teacher?
A Yes. I
Q Now during the time that you were employed
there and Mrs. Hill was teaching home economics, I 
believe you stated you had many opportunities to
observe her?
A Yes, to see her.
Q And do you sew yourself?
A Yes, I do.
Q And do you cook?
A Being a mother of seven I have to.
Q Did you have occasion to observe the
dents in learning situations in Mrs. Maude Hill's

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j

class ?
A Yes, I did. i
Q And being house Bother, were some of these
students later returned to you where you kept then 
overnight and so forth?
A Yes.
Q Were you able to fora any judgment as to
whether these students were actively learning in 
this class?
A Yes.
Q Were they actively learning in this class?
A Yes, they were. They would tell me about
-- those that were able to coasranlcate would tell 
ae about their experiences. I was a house parent i
in between for small girls say one year, and then 
the next year would alternate to the large girls.
So 1 had a chance to be a house parent to all of 
them. And 1 observed her working with all groups, 
the ssiall ones and the large ones.
Q What was the condition most of the tlae
you visited these -- Mrs. Hill's classes there

Iof cleanliness of the hoae economics?
A Well, in ay opinion 1 thought it was very

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clean.
All right. Now let ae ask you, Mrs. Ceorge,

if you have a lot of janitorial help and otherwise 
to help throughout the Lashley Street Caapus over 
there at the tiae you were employed?
A There was a janitor there, but he was in
the main building aost of the tiae.
Q Vere there any aalds or anyone to clean
up around there?
A No aalds.
Q Were there any there to clean up in the
home econoalcs departaent?
A There were no aaids on the caapus other
than in the kitchen.
Q And when you say kitchen, you're talking
about
A
Q

A

Q

there ? 
A
Q

Dining area.
Where they took their aeals?
The aaln dining area.
And of course were there any white students

Not at that particular tiae.
Were there any thereduring the entire tiae

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you were there?
A No.
Q All right. And when did you leave the
institute ?
A May of *67.
Q And you resigned your position there?
A Yes. I resigned to go back to college,
but 1 didn't go back.

MR. NEWTON: I believe that is all. Answer 
his questions.

CROSS EXAMINATION

Q (*Y MR. BOYETT:) There have been several
references to janitorial service. That is part 
of the hone economics is to clean up the kitchen, 
isn't it?
A Well, I wouldn't -- 1 don't know.
Q You don't know whether cleaning up after
cooking is required of cooking?
A Well, in this case, in a lot of cases it
would be a natter of cleaning up before, because 
the kitchen was used for most everything, I mean, 
not only by Mrs. Hill, but by other nenbers of the

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faculty.
Q What would they use It for?
A Well, as I said, a sewing room.
Q All right. And what else?

|A Sometime a classroom.
Q You mean other members of the faculty did
their sewing in there?
A Yes .
Q Did you go over there and sew?
A No.
Q You didn't. But other members of the fa­
culty did?
A Well, I was a member of the staff, not the
faculty.
Q And you said insofar as you could communi­
cate, were you able to talk with sign language?
A Yes. In my opinion eery effectively. How­
ever, some of the children were not able to communis 
cate, because in some cases you had fourteen and I
fifteen year olds there with their first experience 
in school, which didn't know how to read nor write 
or do anything.
Q And that was a very Important part of the

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program of the school curriculum for the deaf, to 
teach them -- to properly teach them the proper 
manner to read and write?
A Yes.
Q Even more so because of their handicap?
A Are you saying for the home economics tea-

icher ?
Q I'm saying for any deaf child?
A No -- I don't understand you fully now.
Q Well, I will ask you this, isn't it true
that if a deaf child learns to spell a word incor­
rectly, that it is more difficult to teach them 
the correct way, because you have first got to 
unteach them, and then you have got to teach them, 
doesn't that present-- or haven't you had any 
particular training in the area of deaf educa­
tion? Aren't you familiar with that?
A Yes, I'm familiar with that.
Q Well, is that correct?
A Yes. But in some of these cases, what I'm

!trying to say is some of these children hadn't '
been trained at all.

!
Q Yes.

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A Not even In the basic fundamentals say of
reading and writing. And for instance say if a

y«ar old cotses there, then at that parti­
cular time the child was placed in vocation before 
it learned to read and write.
Q And so that hadn't become a part of the
curriculum?
A That had to become a part of Mrs. Hill's
duty to first teach the child how to read and 
write before she could teach it anything about 
sewing.

MR. BOYETT: I believe that is all.
i

REDIRECT examination

Q (BY MR. NEWTON:) Let me ask you one other
question, Mrs. George.

Was there a lot of equipment in the home 
economics department?
A Very little.
Q Were there places in that building and
even in your building where you were house mother
for childrm to store their things, lockers, et

i !cetera ?

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Birmingham, Alabama 101I
A The lockers -- in the hose economics build­
ing, no lockers. However, in the doraitory there 
were lockers, but they were insufficient. Soae of 
the doors woalda‘t open. And there was small looked 
like cabinet type things.
Q Now how aany students -- do you have a judg-t

imerit how aany students Mrs. Hill taught in hoae 
economics class?
A I believe one class had from 17 to 20, I

Ibelieve.
Q All right. Now he asked you a question
a minute ago about cleaning up as being part of

> \cooking. I have in wind scrubbing the floors as 
a part of cooking?
A Well, that is what I had in mind also.
Q Those students have to bring things with
them froa other classes into the hoae ec rooa?
A They would have to bring their belongings,
yes, their books and papers. I
Q You have a janitorial service to scrub
the floors, et cetera, in that room, or did the 
students have to do that themselves?
A The students had to do that themselves.



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As 1 said, 1 understood there were two janitors 
throughout the entire building.

MR. NEWTON: That's all I have.
THE COURT: Anything else?
MR. BOYETT: I don't believe so.
THE COURT: All right, you can step down. 
MR. NEWTON: I would request this witness 

be excused.
THE COURT: That is fine. You nay be ex­

cused.

(WITNESS EXCUSED.)

MR. NEWTON: Mrs. Sara Blue.

SARA BLUE,
being previously duly sworn, testified as follows:

DIRECT EXAMINATION

Q (BY MR. NEWTON:)) Would you state your
name, please, na'an?
A Sara Blue.
Q Where do you live?
A 1605 First Court, West.
Q Is that in the City of Birmingham?

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Federal C ourt R eporting  Com pany  
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A Birmingham.
■

Q Mrs. Blue, were you ever employed by Che
Alabama Institute for the Deaf and Blind?
A Yes, I was.
Q And when were you employed there?
A 1 was employed from April 1, *58, until some­
time in September of *67.
Q From April 1, 1958, until September of 1967?
A ^ight.
Q What were your duties, Mrs. Blue?
A Physical education instructor.
Q And where within the institute for the deaf
and blind were you employed?
A At the gym.
Q And when you say at the gym, what school?
A On the Fort Lashley Avenue Campus.
Q And when you say Fort Lashley Avenue, are
you referring to a school that was at that time 
a black school?
A Right.
Q And you were the physical education teacher?
A Right.
Q And do you have a degree?

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A Ho.
<4 Did you have one at the time you ware em­
ployed ?

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A I had what you call a substitute, I guess.
Q All right. Did you have a teacher's certi­
ficate ?
A Right.
Q Is that a temporary teacher's certificate? | i
A It was temporary.
Q How much training do you have, Mrs. Blue?
A I have three and a half years at Alabama
State College in Montgomery, and one summer at the 
University of Alabama at Tuscaloosa.
Q Andvhere did you live, Mrs. Blue, when you
worked at the institute?
A Bryant Hall.

j
Q Was that on the Fort Laahley Campus?
A That was on the Fort Lashley Campus. j
Q Do you know Mrs. Maude Hill?

iA Yes, I do.
Q Did you know her during the years you were
employed there?
A Yes, I did.
___________________________________

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Q And can you cell us whet she did at the
in stitute?
A She was the home economics instructor.
Q All right. Did you ever have occasion to
visit her classroom?
A Yes, I did.

I
Q And did the children live inthe place where ;

iyou - -
|

A No children -- I lived there, but the chil­
dren didn't live there.
Q You lived in a place designed for the fa­
culty people?
A Right.
Q Now did you have occasion to visit the
classroom ever taught by Mrs. Hill?
A Yes.
Q Did you have an opportunity to see a learn­
ing situation going on?
A 1 did.
Q Were the children actually learning?
A They were.
Q la your opinion?
A They were.

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Q Did yon have an opportunity on any occasion
to look at the generd condition of the home tconoalc
root?
A I did.
Q And on how many occasions?
A Well, I lived there. So I was In and out
all day.
Q All right.
A When 1 would go to my class and cone back,
I have my room in her quarters. So I had to come 
in and out quite a few tlmea a day.
Q Your room was where?
A In Bryant Hall where the home ec department
was located.
Q Was it on the same floor?
A Same floor. It was a one-story building.
Q All right. Now did you have an opportunity
to note the cleanliness in and about the home eco­
nomics room?
A Yes.
Q Was the home ec room kept clean, in your
opinion ?
A Yes, it was.



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Q Was there order kept in
A Definitely so. 1|
Q And would you -- did you have an opportunity!
to observe the students learning and being taught 
cooking, for instance?
A Yes.
Q Did you see any progress on the part of
any students in cooking?
A Quite a number of times I did.
Q All right. Did they sees to be learning
to do it ?
A Yes , they did •

Q Was Mrs . Hill able to communicate?
A She was. You had to be able to co\

otherwise you couldn't teach them.
Q All right. In your opinion would you say
Mrs. Hill -- being a teacher yourself and observing 
her, and you were teaching the saae kinds of stu> 
dents she was teaching?
A The very saae students.
Q The very saae students.

In your opinion as the teacher and someone 
there who lived in the building and who obaerved

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e v e r y  day 
Right.
•- in your opinion was she doing a credible 

in teaching these students?
Yes, she was.
MR. NEWTON: Your witness.
MR. BOYETT: Ho questions.
MR. NEWTON: I would like to request this 

witness be excused.
THE COURT: That will be fine. Thank you.

I
(WITNESS EXCUSED.) II

MR. NEWTON: Plaintiff rests.
THE COURT: All right. First witness for 

the defendant.
IIEVIDENCE ON BEHALF OF THE DEFENDANT 

MR. McCRART: Mrs. Betty Turner.

BETTY TURNER.
being previously duly sworn, testified as follows:

DIRECT EXAMINATION
Q (BY MR. McCRARY:) Would you state your

her
A

Q
job

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Federal C ourt R ep o rtin g  C om pany  
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Birm ingham, Alabama

name, please, ma'am? I
A Betty Turner.
Q Mrs. Turner, by whom are you employed?
A State Department of Education.
Q And how long have you been eo employed?
A I'm beginning my 33rd year.

i
* Would you relate Just very briefly for
the Court, please, what your duties are as such 
supervisor 1
A My duties are to work with the high school j

Iteachers of home economics throughout the State of 
Alabama, and assisting them to strengthen their 
programs, and also work with the Future Homemakers 
of America, the youth organisation in assisting 
them.
Q I believe you stated these have been your
duties for some thirty odd years?
A Yes.
Q Mrs. Turner, do you know Mrs. Maude Hill?
A I know Mrs. Hill, yes.
Q All right. Would you relate for the Court
when you first came in contact with Mrs. Hill, and 
what the occasion was?

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fe d e ra l C ourt R ep o rtin g  C om pany  
409 Federal Building 

Birmingham, Alabama

I
A I case In contact with Hrs. Hill on tha
occasion when the New Homemakers of America Youth i
Organ!ration for Negro Girls sponsored a project 
at the school for the deaf and blind. We furnished 
draperies and pillows, bedspreads, and Mrs. Hill, I
1 net her then.
Q And was she an instructor of hone economics
at the institute at that tis«?
A She was.
Q And did you on that occasion have an oppor­
tunity to observe her classroom?
A Not really. I went to her claas because
she cooperated with us. I did have occaaion to go 
in her classroom.
Q In other words, she was a lady who was in
charge of the New Homemakers of America of the in­
stitute at that time?

I
A Yes, she had a chapter.
Q Now when you went to her classroom, did you
-- in other words, it was your job to visit these 
various classrooms and make observations, I take it; 
when you go to any classroom you observe those thing 
which you normally look for?



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A At that tine that wasn't ay purpose in the
first tiae I visited there, that wasn't ay purpose.
Q All right. Now I will ask you whether or
not in your official capacity as state supervisor, 
you have ever visited the classroom of Mrs. Hill?
A Yes.

IQ Did you make that visitation alone or with
someone else?
A Mrs. Coe, the district supervisor, and I
were invited.
Q And on this occasion did you In your capa*
city as supervisor aake observations concerning

jtheclassrooa?
A Yes, we did. !

MR. McCRARY: Mark this.
i

(Defendant's Exhibit 2 marked.)
Q 1 believe you stated Mrs. Coe was with
you?
A Miss Betty Coe.
Q She was with you?
A Yes, she was with me. We went together.

Q And would you tell the Court what you saw.
what were your observations?

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A As far as I can reocabcr vc observed chat
the classroom was disorderly. There was no evi­
dence of real teaching that we weuld like to have

j
seen on the basis that it was going on. And we

Iwere not sure that the atmosphere was for Learning, 
and as we talked with the teacher, we brought out 
these points with her, and we gave suggestions.
Q Do you recommend to the various teachers
that you call upon that they follow a planned 
program of teaching home economics in the class­
room? iI
A We have. We make suggestions to them based
on what we think. Each teacher's needs are diffe­
rent. So we work with them in terms of what we 
think she needs, in terms of suggestions. My re­
port shows that. I
Q Now you mentioned a report. 1 show you a
document consisting of three pages, which has been 
marked for identification as Defendant's Exhibit No.
2, and ask you whether or not, Mrs. Turner, that is 
a copy of the report which was made under the di­
rection of you and Miss Coe subsequent to your visit 
to Mrs. Hill's classroom?

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A We aade this report.
Q It was aade jointly by you and Mias Coe?
A Yes. Based on our observations and these
are suggestions that we aade.

MR. McCRARY: May It please the Court, we 
offer Into evidence Defendant's Exhibit No. 2 as 
previously aarked for identification.

THE COURT: Any objections?
*». NEWTON: No.
THE COURT: It is received without objec­

tion .
iQ Now as part of your duties when you call

on a teacher and discuss their prograa with them, 
do you Bake observations relative to the teacherfe 
attitude, and how she receives you, and the purpose ! 
of your visit and so forth?

jA Well, we have to.
IQ And what was your impression concerning

Mrs. Hill's attitude toward your visit and Miss 
Coe's visit?
A As far as I can reaeaber, Mrs. Hill was
receptive to the suggestions we gave.
Q That you aade?



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A Yes.
Q Following your report?
A Yes.
Q Now did you wake an observation relative
to tie way Mrs. Hill related in the classroom to 
the students?
A Well, I think 1 stated previously, but it
was difficult to observe -- therewas an ataiosphere 
of no warsth and cooaonicadon so far as I could 
see .

THE COURT: 1 didn't understand that. You 
say there was or there was not?
A There was not.
Q And of course specialised in the area of
home ec, you would deem this to be an Important 
feature?
A Yes.
Q Now, Mrs. Turner, with regard to education
in this specialized field of deaf education, did 
you make observations relative to whether or not 
Mrs. Hill had an appreciation for the special needs 
that thlt> particular type of student has, and if so, 
what was that impression?

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|--------------------------------------------------------------------------------------- 1||
A I '■ afraid I can't answer that. That is in j

-- 1 don't think I could answer that fairly.
Q In sunwary, Mrs. Turner, you went there for
the purpose of observing and evaluating and the 
report which you and Miss Coe prepared is the sunar| 
of what you found?
A The purpose of our visit was to give assis­
tance and to help if we could, that was the purpose 
of our visit, to help Mrs. Hill as it is with all 
teachers.
Q And your findings are sunnarizad in your
repor t ?
A Yes. \

MR. McCRARY: Your witness.
i

CROSS EXAMINATION

Q (BY MR. NEWTON:) Mrs. Turner, have you
worked in this particular job for these 33 years?
A That is all I have done.
Q So all of your teaching experience and
your supervisory -- rather experiences have been 
with the State Department of Education as a super­
visor ?

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A Throughout the state of Alabaaa.
Q Yes, a a ' a m .

Nov during these 33 years, has your super­
vision throughout the State of Alabaaa for the most 
part been limited to black schools?
A No. Well, they sere -- at one tiae they
vere all black, yes.
Q They vould be aost of your 33 years, isn't
that right ?
A Yes.
Q All right. And vhen you went on this occa­
sion that you refer to with Miss Coe, i# that the 
only classrooa you visited?
A At that school?
Q Yes, aa'aa?
A it is.
Q Did you go to any other school in the in­
stitute on that occasion?
A I did not.
Q Did you go to Mrs. Scruggs' class at the
white school for the deaf?
A I did not.
Q And I believe you said you were Invited to

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cose. Who extended that Invitation?
A Miss Coe can answer that question, because
it wasn't extended to we personally. Miss Coe is 
the district supervisor, and it was extended to 
her, personally.
Q So Miss Coe received the invitation?
A Miss Coe.
Q Miss Coe received the invitation to cowe?
A Yes.
Q So that information about being invited,
only she knows the answer to that as to who invited 
you ?
A 1 would rather you ask her.
Q Ma'am?
A 1 would like for you to ask ter.
Q Well, you don't know, this is my only ques­
tion?
A I understand Mr. Gentry invited her to

!cone .
Q You don't know?
A I answered the question, the invitation
was not extended to me personally.
Q All right. Then did you come at the suggesf

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Federal Court R ep o rtin g  C om pany  
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tion of Miss Coe?
A No. I didn't cone at the suggestion of
Miss Coe. We work as a teas. When we visit with 
the district supervisors, we go with thea where 
they ask us to go with thea.
Q So at Mrs. Coe's suggestion?
A It is Miss Coe.
Q So at her suggestion you went with her to
that school?
A She told ae we were invited.
Q Now did you sign or in any aanner this fin- i
ished product here?
A We don't sign thea. We aake thea out to­
gether. We are not required to sign thea.
Q What do you do with thea after you aake thea
out ? !
A We send a copy to the state supervisor, a
copy goes to the principal of the school, and a 
copy goes to the teacher. There is a copy that goes 
to the teacher.
Q All right. And in visiting this school,
did you -- what was the condition of the equlpaent
and so forth, did you check?

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A It was very limited.
Q ■uaX

A It was very limited.
Q All right. Do you recall, Mrs. Turner, how
■any students were under her supervision while you 
visited there?
A No.
Q And I notice, Mrs. Turner, froa your re­
port where it says, consideration given the follow­
ing: Do you setn by that, aa'aa, that these are
things that you take into consideration in Baking 
your overall evaluation?
A These are suggestions that we give the
teacher that she will consider class Instructions, 
and we give suggestions.

IQ These are suggestions that you think the
teacher needs in order to improve her?
A That 's right.
Q Her instructions ?
A Yes.
Q And I notice on here you have instructional
materials is one thing you talked about? 
A Yes.

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Q You talked about public relatlona alao on I
here. And what does FHA wean?
A Future Hoaeaakers of America.
Q That is sort of a group?
A Youth organization which is a part of the
ho«e economies program in Alabama.
Q I notice you have here, departmental manage-

Iment checked also?
A Yes.
Q And you have on here, filing?
A Yes.
Q Did you find adequate filing cabinets and
so forth in order to put these materials in this 
particular home economics department?
A If I -- I do not believe we found adequate
filing. In fact, the equipment was not adequate, 
period. Thatis why we made suggestions to her 
based on those things.
Q And I believe you found that, is it true,
Mrs. Turner, that you found Future Homemakers of 
America more in name than in deed, is that right, 
would you say that that is an accurate fair state­
ment ?

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409 Federal Building
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A I don't understand your question.
iQ I believe at one tioe on direct exaaination

you said that your first visit there was in connec­
tion with the New Homemakers of America?
A That 1m when we had two separate organisa­
tions .
Q Then on the other hand, when you case back,
one of the things you checked here was your Future 
Homemakers of AaMrlca?

I
A That was not a chapter organized.
Q And the Future Homemakers of America at
the time of this report was in October, 1967, you 
no longer had the two separate groups?
A No. We had one group.
Q And the institute did not have a chapter
of Future Homemakers of America?
A Mrs. Hill didn't have a chapter. I don't
know what the institute had.
Q When you say Mrs. Hill, let me ask you
this, for my own information and hopefully for 
the Court, a teacher in your years of experience 
does not on her own just establish a chapter, does 
she ?

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A If she wants to.
Q She does not need permission from the prin­
cipal?
A You cut me off. On her own initiative, if
she wants to have a chapter, sha will organise it 
with the permission of the officials. She will have 
to do that.
Q All right. So at this time after the all
black New Homemakers of America was no longer in 
existence, when you came there on this visit in Oc­
tober, 1967, they did not have a chapter of Fnture 
Homemakers of America?
A No.
Q All right. And I believe one of the other
things you recommended was a state adopted textbook 
for that class, is that right?
A Yes. That she would try to get.
Q Now do you, Mrs. Turner, have any special
training in communicating with the deaf?
A No, I don't.
Q And I believe that is the only two occasions
you ever visited Mrs. Hill's classroom, was one, 
on the occasion with the New Homemakers of America,



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when you were there, not to evaluate her at that 
time, is that right?

i

A The only tine I went to evaluate her was
on this one occasion.
Q You have not visited the clasirooa at any
other occasion other than that, than the two occa­
sions that you refer to?
A Well, 1 went there siore than two tines
with the project. I went there many tines, but 
it was not for the purpose of evaluation.
Q When you say you went there nany tines -- |
A Following up plans with the project.
Q Was this during the tine when Mrs.Maude
Hill was a teacher there?
A Yes.
Q But you went there on an evaluation tour
with Miss Coe?
A Yes. I
Q Only on one occasion?

!
A Yes.
Q And that is the only occasion that you have
put into writing, in the evaluation that you found 
in the classroon?

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Federal Court Reporting C om pany 
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A To my knowle d*«.
MR. NEWTON: Thank you, na'aa. That's all.

REDIRECT EXAMINATION

Q (BY MR. McCRARY:) You recall, Mrs. Tamar,
what your observations were concerning the personal 
appearance of Mrs. Hill when ps visited on these 
occasions, particularly the occasion when you wade 
your official visit?
A I think that is cm the report, isn't it?
Isn't that on the report? Don't you find that on 
the report?
Q I was referring to ay notes -- oar notes
fron our conference with you when I asked the ques-
t ion.

Do you recall what your inpression was as 
to her personal appearance?

(Pause.)
MR. NEWTON: She is his witness, and I 

would respectfully object to leading the witness.
THE COURT: Overruled. I don't believe that 

is leading.
MR.NEWTON: We except.

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A Do I have to answer that?
THE COURT: Yes, please. Go ahead. You're

under a duty to answer the question. You don't
*have to be interested or anxious to testify, but 

when you are asked, you have to answer.
A Well, honestly I do recall that there was
one thing that 1 talked to Mrs. Hill about personal^

Ily was her appearance.
Q And do you consider personal appearance
of a home ec teacher in the classrooa a very im­
portant factor in her prograsi?
A Yes. |
Q And I will ask you whether or not it was
your impression that she lacked in appreciation

iof a high classroom standard?
A Well, from her appearance of her classroom,
there was no evidence from the appearance of her 
classroom that evidenced it.
Q That she did or did not ?
A She did not.
Q She did not ?
A It was not exhibited on our visit. And 1
think the report backs that up.

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FILED IN CLERK’S OFFICE
NORTHERN DISTRICT OF ALABAMA

JA « 1 ^  [9/2

W I L L I A M  E  P A V I S

MAUDE HILL, ET AL, )
)PLAINTIFFS, )
)

v* ) CIVIL ACTION NO. 67-440
)ALABAMA INSTITUTE FOR DEAF )

AND BLIND, ET AL, )
)DEFENDANTS. )

VOLUNE TWO



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MR. McCRARY: Yes, na'n. I believe that Is
all.

MR. NEWTON: I have ose more question, Mrs.
T urner.

RECROSS EXAMINATION

Q (BY MR. NEWTON:) You have done this for a
number of years. Have you ever on one given oeca- 
sion found just what you're saying was not exhibited 
in a teacher's classrooai, the high standard of ex- 
cellence we will choose to call it this aiorning, 
and later went back one month later, two months la- I
ter after talking to the teacher, and offering your 
suggestions, and you found nothing to criticize?
A That is one of the joys I get out of ay job,
yes .
Q Is that you frequently find
A I don't say frequently, but I have found it.
Q Part of your job is to help the teacher
correct these things?
A I wouldn't have it, if it wasn't.
Q And the state department considers this a
need throughout the State of Alabama?

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A Yes.

X U

MR. NEWTON: That's «11 I have.
THE COURT: I need to ask you a couple of

q ue s t i on 8 .
Is there a difference between a general 

ho»e economics class and a vocational home economics 
class in terms of what is required?
A Well, the big difference -- yes, sir, there
is a difference. The big difference is one is a 
reimbursed program, the vocational program is reim­
bursed. The teacher's salary is reimbursed. That 
is a sum provided for it, and certain standards that 
are set up, and supervised.

A general program may or may not be. There 
of* some schools that furnish -- pay the teachers 
the same salary that a vocational teacher will get, 
but the big difference is one is reimbursed.

THF COURT: Would the course typically be 
roughly the same?
A Yes.

quate
would

THE COURT: 
teaching in a 
that indicate

If someone was performing ade- 
general home economics course, 
that same person could adequately



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teach vocational hoaie economics?
A Yes, basically.

THE COURT: Okay.
MR. NEWT OH: If Your Honor please. 
THE COURT: Go ahead.

RECROSS EXAMINATION

Q (BY MR* NEWTON:) Does that also asaa though
that there might be a very vast difference in the 
equipment between the teacher of a general home 
economics and the teacher 
A Not necessarily so.
Q I believe you talked about reimbursed. And
I believe you used some other statements in relation 
to His Honor's questions.
A One is a reimbursed program, the vocational
program is reimbursed, and a general program is not 
reimbursed, from the state department. But they do 
some of the same standards, some requirements, and 
pay the same salary.
Q But you mentioned some other things about
vocational in anwer to His Honor's question.

Don't they in the vocational program somelma

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get equipment, let's say, that the general vocation 
might not get? i
A Each system has to famish --
Q Do they have a staff to maintain the equip-
ment and maintain the buildings and so forth?
A Net by the state. That is done by the sys­
tems .
Q Done by the system?
A Yes. s
Q And you did not get to see on this occasion
the vocational home economics department?
A No, sir.

i

Q Was this Mrs. Hill's class a general heme
economics class?
A Yes, sir.
Q New when you say reimbursed, tell me all
of what that means, Mrs. Turner?
A Well, reimbursed, you refer to that, that
is the salaries are reimbursed by the state, have 
s salary schedule, teaches vocational home economic^, 
and it is according to the years of experience and 
training.
Q And of course all of the equipment and

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Iiwherever it coaes froa is furnished by the systea?

A Yes. That is how they qualify to get a
vocational prograa, certain standards required.
Q Do you have to have aore equlpaent say to
have a vocational hoae econoaies departaent than 
a general hoae econoaies departawnt?
A I can't answer that. I don't know whether
you have to have aore or not. You have to have 
enough to have a standard prograa, but whether aore

jor less I can't answer that.
Q Let ae ask you this, if you know.

Are the standards the sane for establishing 
a general hoae econoaies prograa as it is for a 
vocational hoae econoaies prograa?
A That would depend because if you want a
prograa of hoae econoaies, it depends uponthe lean- j
tion, depends on what the systea wants to put in

jit, and depends wholly on what the systeas wants.
We don't decide. The state does not decide. When 
you apply for a prograa, then it is left entirely 
with the systea as to what the requlreaents are, 
and that is out of ay reala.
Q But in order for a systea to be certified

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as having a vocational home economics department 
where they are reimbursed by the state, the state

j

approves that, is that right?
A They do.

MR. NEWTON: That's all I have.
MR. McCRARY: No questions. May she be ex­

cused ?
THE COURT: Step down. You'reexcused. 

(WITNESS EXCUSED.)

THE COURT: We either can have another wit­
ness, if you have someone that will be short, or we !
can take a recess at this time. Do sou have a wit- I
ness ?

MR. BOYETT: Miss Coe will probably be
brief.

THE COURT: All right, let’s try.
MR. BOYETT: All right, sir.

BETTY COE.
being previously duly sworn, testified as follows:

DIRECT EXAMINATION
Q (BY MR. BOYETT:) State your name, please,

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A Betty Coe.
Q And, Mis* Coe, by whoa are you employed?
A The State Department of Education, Voca­
tional Division.
Q And how long have you been in this employ­
ment ?
A 1 have completed ten year*. I am working
now within the eleventh year.
Q And I believe you're designated a* the dis- j
trict supervisor?
A Yes, I am.
Q And Talladega is in your district?
A Yes.
Q And you are familiar with the vocational
program for the Alabama Institute for the Deaf 
and Blind?

I
A Yes, I am.
Q It is on somewhat the same level as the
high schools except for the special problems they 
have in dealing with the handicapped?
A Yes.
Q  Now to shorten this some, I believe that

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you cats* Co Talladega -- I *«an, you came to Talla­
dega with Mr*. Betty Turner on October 18, 1967, 
for the purpose of Inspecting the vocational hone 
economics department on the Fort Lashley Avenue?
A Yes. I
Q At the school for the deaf?
A Yes. I
Q And did you participate with Mrs. Turner
in making that inspection and in filing this report 
as a result of your visit?
A Yes, I did.
Q Now had you visited this department on prior
occasions ?
A I had not made a supervisory visit.
Q Had you had occasion to be in the department;
when you had made these observations?
A Yes. I had walked through the department.
Q Being in hoaw economics, if you walk in
my home or walk in another home economics depart­
ment, you make certain observations, do you not?

IA Yes, you do.
Q In regard to cleanliness, orderliness and
organization and so forth, all those matters that

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relate to the science of hoae econoales?
A Yes.
Q And would you tell the Court in your own
words -- well, let me withdraw thnt.

What was the occasion for your coning to 
Talladega ?
A Mr. Gentry, who was then the president of
the institute, had a great deal of concern about 
this particular program, and It was his request 
that Mrs. Turner and 1 make a visit there.
Q And did you, from time to time, discuss
the home economics problems of the Alabama Insti­
tute with Mr. Gentry or with the president?
A Yes.
Q And I suppose you have with Dr. Elliott
since he took Mr. Gentry's place?
A Yes.
Q So he requested that you and Mrs. Turner
come and make this supervisory visit?
A Right.
Q As a result of which you filed the report
that is defendant's Exhibit No. 2?
A Yes.

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Q All right. Now would you toll the Court
I know that you filed a report and that is what 
you found. But would you tell the Court in your 
own words as to just what -- the impression that

iyou got when you went there as to how she related 
to the students and as to the sufficiency of the

!job that she was doing as a home economics tea­
cher?
A Well, it was my impression that the depart­
ment was not well kept. There did not seem to be 
an indication that the home economics program was 
being carried out in the ways that would likely 
have met the needs of the students there. It did 
not seem that there was a plan for the instruction­
al program in home economics that was adequate to 
meet the needs of the students that were enrolled.
We did,,of course, have an opportunity to sit down 
and talk with Mrs. Hill. And it was not clear to 
me that there were adequate plans made for a home 
economics program to meet the needs of those people j 
that were enrolled.

|Q Now the purpose of your supervisory visit
is to determine what the situation is and to try

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to be helpful if you can?
A Right.
Q And that is what you did on thi. occasion?
A Right. II
Q And the result of your visit was made known
to the administration? 1
A Right.

MR. BOYETT: Your witness. i

CROSS examination

Q (BY MR. NEWTON:) Mi., Coe, during your
ten years in this area, you do thi, quite often,
I believe, don't you, visit various home economics 
departments and offer suggestions? !
A Yes, 1 do.
Q And this is something that you find that
you have to do quite often in wherever you are j
offered various suggestions?

Yes. This is part of my responsibility.
Q Counsel a moment ago prefaced the question
to you with this language, you were invited to 
visit the vocational home economics department.
Do you know that thi. was . vocational home economic*

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class ?
A This program was not a vocational home
economics program the technical sense of the word. 
Q Have you had any special training in
teaching the deaf, Miss Coe?
A I have not.
Q And in this report and in reports yoa from
time to time make, you make suggestions not only 
as to teaching methods, but you make suggestions 
as to equipment needed, books needed and methods 
of instruction, et cetera, all of which you did 
in this report?
A Yes.
Q In other words, when you made this report,
there were suggestions for the teacher herself, 
and there were suggestions which obviously must
be done by someone other than the teacher, is that

'correct ?
A Yes.
Q And, Miss Coe, when you mentioned finally
about a plan, now are you referring to the guide­
lines as put out by the State of Alabama for 
teachers of home economics when you refer to an

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inadequate plan?
A That is the resource which is available te
any teacher who teaches hose economics, no matter 
where she teaches. And this is our -- I was re­
ferring to this, this is a resource that they have.
We don't expect that they take it and go right down 

by page by page by any means.
Q Now was this the only supervisory visit you
made to Mrs. Hill's class?
A Yes.
Q Let me ask you this, Miss Coe. in the
plan that you refer to which is sort of a resource 
thing, i gather, do you have varying degrees of 
things that should be done from day to day for 
say a student in grade ten, as opposed to a stu­
dent in grade eleven, as opposed to a student in 
grade twelve?
A It is built on a sequential plan.
Q Did you find, in going to the class, an
all black class at Fort Lashley, they had students 
there for the first time and some had been there 
for a year, all in the same class?

I I

A I don't recall at this particular time

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this being discussed.
Q Do you recall for instance, Miss Coe, that
this -- that this particular class at Fort Lashley i 

Street Campus was really a non-graded class, but 
there were a conglomeration of all grades of ex- 
perience in Mrs. Hill's class?
A I assume that this is true.
Q Did you visit on this same day vocational
home economies class on the other campus?
A 1 don't believe that I did at that particular,
t ime .

MR. NEWTON: That's all I have. Thank you. 

REDIRECT EXAMINATION

Q (BY MR. BOYETT:) Miss Coe, you are familiar
with the other home economics classses at the insti-i 
tute, are you not?
A Yes, I am.
Q And you have had occasions to visit them?
A Yes, I have.
Q And you knew Mrs. Scruggs prior to her re­
tirement?
A Yes, I did.

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Q Do you have an opinion as to Mrs. Scruggs
ms a teacher, did she carry on an effective progrsa?i 
A From ay observation, it seemed to ae that
she did carry on a prograa that did aeet the needs 
of those who were enrolled. I
Q And as a aatter of fact, she had aany years' !
experience, and she was quite qualified, was she not? 
A This was my observation.
Q And what about the teachers after her retire­
ment, do you know -- have you had occasion to observe 
the teachers that are there now?
A Yes, I am.
Q Mr s. Washum and Mrs. House, I believe?
A Yes, I am.
Q And are you familiar with their program?
A Yes, I am.
Q Do you consider them competent and qualified?
A I do. I1

MR. B0YET7: I believe that's all.
MR. NEWTON: 1 have maybe one or two more

questions, Miss Coe.
RECROSS EXAMINATION

(8? MR. NEWTON:) Was the equipment adequate

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•t the Fort Lashley Campus on tha occasion of this 
supervisory visit?
A I believe that you wouldnote in the report
that we did make some suggestions for improvement

Iin equipment.
Q Would you say that equipment at the Alabama j
Institute for the Deaf, the other campus, is ade­
quately equipped?
A They do have needs for equipment there also.
Q Comparing the two as of October 18th, at
the time of your visit, was one far superior to the 
other l
A Well, there were definitely differences in
the equipment in each of the schools. I don\ know 
-- when you say superior, I don't know exactly.

IQ Which would be better, in your opinion?
A I think the basic equipment was essentially
the same, for the two. There were some other kinds 
of things in the department on the other campus 
that would have been rated as superior. But the 
basic equipment was essentially the same.

MR. NEWTON: That is all I have. Thank you. 
THF COURT: Anything else?

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MR. BOYETT : No, air. I believe that la
all.

THE COURT: 1 want to ask you maybe a quea
tion or two.

Did you ever go back, not neceaaarily as 
a supervisory visit, but go back in the following 
two years and observe what was going on in Mrs. 
Hill’s class during the next two years that she 
remained as a teacher?
A No, sir, 1 did not.

THE COURT: Did you ever have reports come 
to you or from anyone else on behalf of the school 
relative to what parts of your suggestions were 
put into effect or what parts were not?
A I did not.

THE COURT: All right.
MR. NEWTON: That's all.
THE COURT: All right, you're excused. 

Thank you.

(WITNESS EXCUSED.)

THE COURT: Let's take our lunch recess at 
this time; be back at 1:30.

141

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Federal Court Reporting Company 
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(WHEREUPON, proceedings were in recess 
frots 12:20 P. M. until 1:40 P. M. , following which 
the following occurred:)

II
NOVEMBER 15, 1971 1:40 P. m .

AFTERNOON SESSION

THE COURT: Next witness.
MR. BOYETT: Mrs. Rogers, Judge, end if 

you will come around and take the stand, Mrs.
Rogers.

Your Honor, let me explain that she has 
a hearing difficulty, but 1 think she has a hear­
ing aid, and I think she will be able to do all 
right, and also Dr. Elliott stepped downstairs 
to see someone, and he will be back in a minute.

MRS. J. B. ROGERS.
being previously duly sworn, testified as follows:

|
DIRECT EXAMINATION j

|
Q (BY MR. BOYETT:) State your name, please,
ma'am.
A I'm Mrs. J. B. Rogers.



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^ > Mrs. Rogers, I believe you're retired
at the present time?
A Yes, sir. i
Q And prior to your retirement, where did you
wor k ?
A I was a supervising teacher, whet was at
that time called Alabama State School for the Deaf. 
Q And this was on the Fort Lashley Campus?
A Sir ?
Q This was on the Fort Lashley Campus of
Alabama Institute?
A That is what it is called now.
Q How long were you the supervising teacher?
A Seven years. s
Q And prior to that time what did you do?
A I was a classroom teacher in the same school
for five years.
Q Now who was your immediate supervisor?
A My principal, Mr. Strong.
Q And was Mrs. Maude Hill a teacher under
your supervision?
A Yes, sir .

And she was the home economics teacher there

1*1

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A That's right.
Q Mrs. Rogers, would you pleas* tell Judge
Pointer what your duties were as a supervising tea­
cher?
A Well, I was in charge of the curriculum
entirely and training new teaehers, teachers of 
the deaf had to have special training, and I was 
in charge of all teaching methods, textbooks, 
curriculum, and with the classroom procedures.
Q And in connection with that, were lesson
plans a part of your responsibility, and did you
have a requirement that teachers had lesson plans?
A All the teachers handed in lesson plans
to the following week to me.
Q When you received the lesson plans, what

i
did you do with them?
A l went through with them and corrected
them or made suggestions. Sometimes 1 went and 
talked with the teacher, then I turned them over 
to the principal, and he went through them, and 
then they were returned to the teachers.
Q With notations and suggestions?
A That's right.

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4

Q And also did you confar with the teachers
froa time to time in regard to aLl of the areas you 
have talked about?
A Yea.
Q Curriculum, procedure, organization?
A Yes.
Q Lesson plans and all this?
A Yes.
Q How often did you have occasion to visit
a teacher and especially Mrs. Hill's classroom?
A Well, I didn't visit her classroom, but
maybe sometimes for several days. But I went 
around, I walked around both buildings. She was 
in a different building from my office, but I was 
over there nearly every day.
Q Now could you tell Judge Pointer -- could
you give him some evaluation of Mrs. Hill as a 
teacher, the manner in which she performed her 
assigned duties, and the teaching program that 
she carried on under your supervision, or I say 
that you observed as her supervising teacher?
A Well, I couldn't say she was a very good
teacher. Her work was not well planned, and she

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didn't folio* any suggestion I made about that.
They hardly ever cooked anything except candy 
and desserts, and 1 wanted then to have a sore 
basic program of hose econoaica. But I was not 
successful in getting that carried out. I think 
her -- I think her personal appearance was very 
much against her. She often case to school not 
quite clean and with her hair looking rather 
wild. When she wrote recipes on her board, she 
wrote her lessons, she was the worst spelling per­
son I have seen. One day I saw her senu on the 
board, and she had pudding on the board, and she 
had it spelled p-u-d-d-e-n, and that is just an 
example that 1 happened to remember.
Q Is spelling especially important in tea­
ching the deaf? |
A Yes, it is.
Q Would you explain to Judge Pointer why
that is so?
A Well, it is obvious the deaf children
have to get everything through their eyes. And 
if it is spelled one way by one -- one time, and 
another way another time, it is very confusing

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to then.
Q In other words, you don't have the benefit
of sounds, but that you use --
A They have to use their eyes only. All
they learn eoses through their eyes.
Q To a large extent their communlcation is
a sign language?
A Yes, sir.
Q And they use a lot of characters and every*
thing that makes it easier to become confused than 
with the spoken word, is that correct?
A Yes. Along with their sign language.
There are not signs for everything, so there is 
a good deal of spelling done, and spelling is 
especially important to them. And they learn 
through what they read and what the teachers write 
on the blackboard.
Q And in that connection, do you stress
handwriting ?
A Mrs. Hill's handwriting waa very poor.
Q And I say, though, is that an area that
you receive special emphasis in, in teaching the 
deaf?

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A Yes.
Q On the lesson plans, did yon sake any spe-
elal effort to correct then In any partlcnlar man­
ner, to call her attention to Mistakes that she

■

was making or specifically did yoa ever correct 
them in red ink and hand them back to her in that 
manner to try to emphasize?
A I always did.
Q Did you discuss this with her?
A I did to some extent.
Q Was Mrs. Hill cooperative?
A To sosm extent. Hot thoroughly.
Q Was she by nature Inclined to be defen-
sive ?
A Yes, 1 feel so. i

MR. NElfTOM: We object to what she was by 
nature Inclined to be unless this witness is some
kind of an expert.

THE COURT: I sustain. I understand the 
objection.
Q Well, actually, Mrs. Rogers, what 1 would
like for you to explain to the Judge is that what 
Mrs. Hill's response would be when you would try

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to correct her or when you would try to dlicvia 
with her areas of limitation, do you understand 
ny question?
A Yes, sir. She aiostly just ignored sc.
Q All right. Now did you call these nat­
ters to the attention of Mr. Strong?
A Yes.
Q And discuss it?
A Yes, sir.
Q And hawe occasion to discuss it with Mr.
Gentry?
A Mo.
Q You did not?
A No.
Q You discussed it with Mr. Strong?
A That's right. Well, there was one year
when Mr. Strong was away that I discussed things 
with Mr. Gentry.
Q That was in 1964 when Mr. Strong was in
California?
A That's right.
Q And at that tine did you also discuss
natters with Mr. Patton who was assistant to the

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president ?
A Yes, sir. There were three men who assis­
ted me that year that Mr. Strong was away.
Q Who were the three men?
A Mr. Gentry, Mr. Patton, Mr. McFadden. They
took a week about.
Q Mr«, Gentry was president of the institute,
Mr. Patton was assistant to the president, and Mr.
-- what was Mr. McFadden?
A I'm not sure what his title was.
Q I believe he is at the present time over
the trade school, is he not?
A Ye 8 .
Q Or over all of the rehabilitation work over
what they call the adult department? !
A That's right. Well, that is what he was
then.
Q Mrs. Rogers, what did you observe insofar
as Mrs. Hill's -- the way that she related her­
self to the students, and the way she related her­
self to other members of the faculty?
A Well, I didn't particularly observe in that
area. For one year we had to break up a little thin

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that was going on.
MR. NEWT Oh: I object to anything that la 

not responsive to hL> questions.
MR. BOYETT: Well, was this in the area 

within I'a speaking of?
A Yes, sir.
Q Would you tell the Judge what this is, pleas|e,
if it is pernisslble?

THE COURT: Go ahead. And then I will have 
to rule after it coses in as to the possible rele­
vancy. I can't tell at this point.

MR. NEWT ON: Yes, sir. It's just that the 
question -- I have tried not to interrupt, but the 
answers have not been responsive all day. And that 
-- the question was, did she have an opportunity

I
to observe the plaintiff here in her relationship, 
in cososunieating with the students and other sesbers 
of the faculty, and the witness started talking 
about sonethlng she had to break up one year, and 
I just don't think that is a responsive answer.

THE COURT: It nay not be. But go ahead 
and rephrase your question, and then naybe 1 can 
rule on it.

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MR. BOYETT: All right.
Mrs. Rogers, state what, If anything, you 

observed that affected the relationship or the 
manner in which Mrs. Hill related to the students 
or manner in which she related to other faculty 
there on Fort Lashley Campus.
A I don't think her relationship with the
majority of the faculty was good.
Q This was -- in other words, this is what
you tell the Court, this is your opinion?
A That is my opinion.
Q In connection with your dealings with her?
A Yes.
Q And observations that you made?
A Yes.

MR. BOYETT: I believe that is all. Well, 
just one other question.

Did you consider that Mrs. Hill conducted 
an acceptable standard of work?
A No, I don't think it was acceptable. We
have had much better work in that department and 
school.

MR. BOYETT: All right.

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THE COURT: If you will answer his questions. 

CROSS EXAMINATION

Q (BY MR. NEWTON:) Mrs. Rogers, I believe
when you first case to the institute, you came from 
another state altogether, is that right?
A That's right.
Q And what state was that?
A Oklahoma.
Q And had you taught in the State of Oklahoma?
A Yes, a good many years.
Q And did you retire from that job out there? 1
A That's right.
Q All right. And when you first came to the
Alabama Institute for the Deaf and Blind, you came 
as a classroom teaeher, is that right?
A That 's right.
Q Had you at that time had any special train-
ing to qualify you to teach the deaf?
A I had.. The first year I was there, 1
taught in the school for the blind, and in the :
spring I took a course, about an eight weeks course,
Q All right. Did you yourself have problems

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communicating with the deaf children at your school ?j 
A Well, I had to learn.
Q I mean, do you still have problems comment-
eating with deaf people?
A No. I'm quite proficient no*.
Q Were you in the year 1966-67 proficient
in communicating with deaf children?
A I retired in '65.
Q All right. So when you retired, Mrs. Hill ;
was still employed by the institute, is that right?
A That's right.
Q Now you were not in the hiring and firing
end of the Fort Lashley Campus?
A I had no authority in that respect.
Q Do you have any special training in heme
economics, Mrs. Rogers?
A No. Nothing beyond a high school course.
Q You gave an example of pudding being mis­
spelled on the board at one time.

Did you talk to the teacher about that at
that time?
A No, I didn't. I wouldn't have said any­
thing before her class.

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Q Did you ever talk to her about that word,
pudding ?
A I don't know whether I did or not. I
corrected her spelling on her lesson plans all 
the time.
Q Now back to this word pudding that you

saw on the bulletin board. As an example of her 
atrocious spelling, did you talk to her about that 
word and on that occasion to Mrs. Hill?
A No.
Q Do you know whether Mrs. Hill wrote it?
A Of course she is the only who wrote the I
recipe on there. Nobody else would.
Q Do you know, to your knowledge, whether
she wrote it or someone else?
A I'm quite convinced she wrote it. It
was in her handwriting.
Q And you recognized this as being the
handwriting of Mrs. Hill?
A Yes.
Q And this is what you based your judgment
that she misspelled the word?
A Well, I'm sure she did.

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Q All right. Now «h*n you say thatjou cor*
rcctad har laaaon plana for misspelled words, 
was this often or soaetimei or when?
A Always.
Q Always?
A Yes.
Q Thera was always a Misspelling on each
and every lesson plan?
A No. I didn't mean that. 1 wean -- I
misunderstood your question.
Q You always corrected it when you found it?
A That is what I naan.
Q And you always corrected it if you found I
it on another teacher's lesson plan?
A That's right.
Q Generally if any teacher at the school
for which you have supervisory authority, sent a 
misspelled word, you, in the normal course of 
business, would correct it so it would be called 
to the teacher's attention, is that correct?
A That's right.
Q And you have to do that on some other
teachers ns wall as Mrs. Mill's lesson plans, is

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that right?
A That's right.
Q At one time while you war* a suparvising
teacher Mrs. Hill had the responsibility for teach­
ing home economics, and also teaching the same 
area Mrs. Dempsey had taught, is that true?
A Mrs. Dempsey taught the sewing.
Q And then while you ware still there, did
Mrs. Dempsey leave and go to the other campws?
A She went to the sewing room. It was next
door to her room. She sometimes went In there, 
and did her personal sewing.
Q Were you still at the institute when Mrs.
Dempsey was transferred over to the main campus?
A Ho -- oh, yes, Mrs. Dempsey. Yes.
Q Can you ever recall a single garment, not
talking about knitting or crocheting, being done 
by those students while Mrs. Dempsey was there?
A Oh, I can recal1 dosens of them.
Q Garments, I mean full garawnts ?
A They made full dresses for aw.
Q All right . You recall garawnts being made
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no longer at the Fort Lashlay street Cap..?
A No, I don't.
Q You don't rccal1 that?
A No, I don't.
Q Are you saying that she didn't or you
don't recall?
A I just don't recall. It has been six
years since I taught, and I have forgotten 
things.
Q How when Mr a. Daap»y was there, the
sewing part of It was not taoght by Maude Bill, 
is that right?
A That's right.
Q When Mrs. Dempsey left, Mrs. Hill taught
the seving and the other, is that correct?
A That's right.
Q Non let me ask you something, because
you were the supervising teacher. You can beat 
answer this for us.

Did Mrs. Hill have in her home economies 
class students who had just gotten there for the 
first time as well as students who had been there 
for some time, first year students, all mixed

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together in the hoae econoales class?
A Sonetiaes that was tree.
Q All right. Nov yon reported, I believe
you said, to Nr. Strong when he was there, except 
forthe year he was out, these little areas that 
you pointed out that yon found about Mrs. Mill, 
her not having an adequate lesson plan or spelling,

|
you pointed those things out to Mr. Strong, did 
you not ?
A Tea. But he read the lesson plans too.
Q And when you found soaething in your In -
speetlon and tour of visiting classreoas, you 
would point that out to hla?
A Usually.
Q And the year that Hr. Strong was not there,
I believe you state you talked to Mr. Gentry, Mr. 
Patton and a Mr. MeFadden?
A That's right.
Q None of these people had physical offices
on the Lashley Street Caapus, did they?
A Well, when they were over there, they just
used the principal's office.
Q All right. And you pointed these things

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out to these people, whoever you found?
A Yes, sir.
Q Did you ever put in writing either to the
superintendent -- either to the principal, Mr. 
Strong, or to Mr. Gentry, or to Mr. Patton, or 
to Mr. McFadden the fact that you thought this 
lady was incompetent to teach that class?
A No, I don't remember ever putting it in
writing.
Q Did you ever request as a supervisor-teacher
during your tenure there that Mrs. Mill be replaced 
by someone who was more competent?
A No, I never did.

j
Q Did you ever, during the year Mr. Strong
was away, suggest to Mr. Gentry, the president of 
the institute, that he should replace Mrs. Mill 
with someone more competent?
A That he should --
Q Replace Mrs. Hill?
A I don't recall that I ever did.
Q Did yon ever make that suggestion to Mr.
Patton?
A I don't ever recall I did.

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Q Did you o v e r  m o k e Chat suggestion Co Nr.
McFadden ?
A Not that I recall.
Q And at the tlae you resigned from the in­
stitute In 1965, Maude Hill was still eaployed 
there as a teacher, Is that right?
A Yes, sir.

MR. NEWTON: That's all 1 have. Thank you,
aa1 am.

MR. BOYETT: That's all.
THE COURT: Okay. You can step down. Thank

you.
MR. BOYETT: May she be excused, Your Honor? 
MR. NEWTON: 1 have no objections. Your

|Honor.
THE COURT: All right. Fine.

(WITNESS EXCUSED.)

MR. BOYETT: Let ae check on a aan that is 
supposed to coae from out of town.

(Pause.)
MR. BOYETT: Judge, he hasn't gotten here 

yet. I will go with Dr. Elliott.

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DR. W. W. ELLIOTT.
being previously duly svorn, testified as follows:

DIRECT EXAMINATION

Q (BY MR. BOYETT:) You are Dr. W. W. Elliott,
the president of Alabama Institute for the Deaf and 
Blind?
A Yes, sir, that is correct.
Q And how long have you been president of
that institution, Doctor?
A Since August 16, 1968.
Q And I believe that it has already been
brought out in previous testimony that at the time 
that you came to the institute, that it was in the 
process of implementing the integration order?
A Yes.
Q And you implemented that program yourself?
A Yes.
Q Now would you explain to Judge Pointer just
what the situation was in regard to Mrs. Hill and 
-- well, let me first, before I do that, what is 
your background that qualifies you for your job,
Dr. Elliott?

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A Well, of course, I have degrees in school
administration and my forty years of experience.
I have had administrative responsibility over whde 
school systems for the last twenty years.
Q And what degrees do you have?
A I have a bachelor's degree, master's degree.
I have graduate work at Columbia University, Texas 
Christian University.
Q And with this background experience, you
were selected as president of the institute?

|A This is correct, yes.
Q All right. Now if you will answer the
questions about what the situation was in regard 
to the home economics department on the Fort Lash- 
ley Campus?
A Well, when I arrived in Talladega, of course,
1 had many conferences with Mr. Gentry, whom I suc­
ceeded, regarding the organisation and structure 
of the program there. We were under Court order I
by the Fifth Circuit Court at that time, assigned 
to the Fort Lashley Campus, but had not notified 
the parents of about twelve mentally retarded deaf 
white students. The same thing was true in the

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blind
given

department. And assuming that this had been 
approval by the district judge, and It was

my responsibility to notify the parents after I 
arrived there on the 16th of Avgust. So these 
children were transferred to the Fort Lashley 
Campus, these youngsters sere. And ve left the 
campus intact so far as the rest of the students 
were concerned there. We continued the home ec 
department that year. Mrs. Hill, of course, was 
the home ec teacher. Now about January we received 
a series of questions from the district judge. Have 
you done this? Have you done that? Have you done 
the other? And of course my -- then I got to 
seeking and looking for the court order that ap­
plied. I had not read the court order, assuming 
that everything was in shape. And then when 1 
found the court order finally was in the attorney 
general's office in Montgomery, and after I made 
a careful study of this, it was my judgment that 
we had not done what the federal courts were re­
quiring at that time since the case had been ap­
pealed to the Fifth Circuit, and was under the 
decree of the Fifth Circuit Court which said all

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departments at the institute must be integrated 
by September 1 of that year, '68. And this mas 
the first time that the full intent of this court 
order came to my attention after I got a copy 
of it and read it. And I, therefore, answered 
the questions as best 1 could, and returned them 
to the district judge, and told him that the fol­
lowing September that we would completely and 
fully integrate and comply with the Court order 
of the Fifth Circuit, which we attempted to do.
Now we had great difficulty among our people in 
deciding how this should be done, whether or not 
to hold both campuses Intact from grades prep 
school through the twelfth grade, or whether to 
try to put the high school on one campus and the 
elementary on another. And so we came to the de­
cision, and so reported to the courts, that we 
were going to divide our children by ages and not 
by race, having all children ages six through 
eight on the South Street Campus, and all children 
ages nine, ten, eleven and twelve on the Fort Lash- 
ley Campus. And all children thirteen years and 
up on the South Street Campus. And the reason we

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had to do this was because of our facilities to 
fit children to the facilities we had.

Now this left us with only children who 
were nine, ten, eleven and twelve on the Fort 
Lashley Campus, and all of them at the elementary 
level on the South Street Campus. If you under­
stand the education of a deaf child, there are 
-- they are three or four, sometimes five years 
behind a hearing child. So in order to do this, 
we also had to change the dormitories, and con­
vert academic buildings into dormitories. And 
then this necessitated our carrying all the 
high school children who were formerly in home 
economics to the other campus where we had a 
very small home ec department. So we abolished 
the home ec department on the Fort Lashley Cos- 
pus the following year. That was in September 
of 1969. And no longer had a home ec department 
and converted it into dormitory for children.
Q And this is what precipitated the ter­
mination of Mrs. Hill in May of 1969, I believe-- 
what was her termination date?

A VOICE: The letter was referred to, May

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Iof '69.
I

Q Yes, this is what --
A I would say that not only was it a factor
involved --
Q All right, sir. Now you had -- at that
time you had been there from August of '68?
A Yes, sir.
Q Until Hay of '69, at the time that she was
terminated ?
A Yes, sir.
Q All right. During that time, did you have
occasions to familiarise yourself with Mrs. Hill i
and the level of her achievement of her work or I
whatever you want -- however you would like to put 
it? j

A Well, to the very best of our ability to
do so, yes, in conferences with the principal of 
the school, and conferences with Mr. Gentry, the 
former president of the school, and in conference 
with the state supervisors.
Q Now she was just one member of the faculty
of the entire institute?
A Yes, this is correct.

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Q And you only have a Halted aaount of tlae
that you could spend with any one?
A Yes.
Q And, Dr. Elliott, other than the -- now
what did you have in the way of hoae econoales; 
what I'a getting at Is just exactly what your 
situation was on the hoae economics, and I'a 
pointing toward the Baking of the decision that 
you made in regard to the hoae economics depart - 
sen t ?
A Well, on the South Street Campus, which
was formerly the caapus of the all white deaf 
school, and the advanced departaeat, we had one 
hoae ec teacher, and this was Mrs. Scruggs.
Q All right, sir. Could you tell --
A She was what they classified her today
in the teras we have used here today, she was a 
vocational hoae economics teacher in that this 
unit was reimbursed by the State of Alabaaa for 
that teacher unit, and supposed to meet their 
standards. Now in addition, and this was the 
only reiaburseable unit we had in the entire com­
plex.

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Q You had home economics in the blind school?
A Yes, sir. We had home economics in the
blind school. And this was not a reimbursed pro­
gram by the state, and in the terms that we have 
used here today, could be considered as general 
home economics, although 1 cannot separate the 
two, under the philosophy that we operate in Talla­
dega.
Q Now when you implemented your program,
what philosophy did you adopt Insofar as yonr 
home economics is concerned, or did you make any 
changes in your philosophy?
A Yes, sir. We made considerable change
in that we did not feel that the children on the 
South Street Campus were getting enough training 
and education in foods. So we extended Mrs.
Scruggs not only -- she was doing clothing most 
of the tine, and we extended that to include 
foods on that campus. And as we worked with the 
area vocational school, which is part of our 
technical school there, some of our children 
were redirected in thearea of vocational home 
economics, into the area trade school which is

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on the Sylacauga highway.
Q Are you saying that your pupil load was
reduced ?
A Yes, sir, our pupil load was reduced.
Q After
A On the South Street Campos, although we
had gone Into.foods, yes. And we had two, as 
1 recall, two less students the year after Inte­
gration to that that we had had on South Street 
Canpus the year before we fully Integrated.
Q And what pupil load did Mrs. Scrugga have;
din you make any study In that regard as to the 
pupil load that she was carrying, and the pupil 
load that Mrs. Hill was carrying, and the amount 
of teaching tine and so forth as related to the 
two johs; did you make any deternination in that 
area ?
A Well, prior to that particular year, Mrs.
Scruggs had a larger number of girls who were 
taking home economics. But on the year that we 
integrated, as we changed,,she had two fewer 
children than Mrs. Hill had the last year that 
she was with us.

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Q Nov what about the tine that Mrs. Hill
did she have vhat you would consider a full teach­
ing load, or did you specifically, Dr. Elliott, did 
you find that she had an excessive amount of free 
t iae ?
A Well, compared to vhat the other home ec
teachers had, yes.
Q And specifically vhat did you find in that
regard 1

, j
A 1 think, as 1 recall, that her vorkload
was about four hours and fifteen minutes a day.
Q And this would give her how much free time?
A Well, in a six hour day, an hour and forty-
five minutes off.
Q And that compared with the average teacher, !
vhat, forty-five minutes free time?

Yes, sir, the planning period, yes. Of
course they have a lunch period.

. •
Q All right. Nov so all the students that
were in the home ec program were then moved to 
the South Street Campus?
A Yes, sir. Every one of them.
Q And they were all assigned to Mrs. Scruggs?

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A All of them who took home ec. Now there
were others who were put in other vocational train- 
Ing, and this is different in that it is training 
--pre-vocational training for a job. We talked 
about clothing today. Mrs. Denpsey does not teach 
really -- is not considered a vocational hone eco- 
noaics teacher. She is a trades teacher, teaching 
coanercial sewing where they nake draperies, and 
they train to go on the job in a sewing industry.
Q 1 believe you have the sewing industry
there in connection with the institute, your blind

I
made goods?
A Yes, eaploy aany of our people there, yes, j
sir.

j
Q Now away from that area there, when you
get into the area of qualifications of the teachers,, 
and this is -- you had to weigh the qualifications 
of the different personnel?
A Yes, sir.
Q Not only did it apply to the hoae eeonoaics
department, but also applied throughout the insti­
tute?
A Yes, sir.



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j
Q What did you find in the hove economics
area ?
A 1 found that the other two teachers whom

Iwe had teaching home ec at the school for the 
blind and Mrs. Scruggs, who was teaching at South 
Street School for the Deaf, had very fine qualifl-

Ications for the jobs that they were doing, and in- 
deed had been on the job for many many years there.
Q All right, sir. Now what did you find
insofar as Mrs. Hill's qualifications?
A Well, of course based on past conferences
that 1 had had with the forsrer president of the 
institute, and the principal of the school, and
those to whom 1 talked regarding her qualifications^

■her qualifications were inferior to those of the 
other two teachers that were employed at that time.
Q Did you have any -- did you have any per­
sonal knowledge of any specific areas in which 
this was true or for the most part was your -- did 
you act upon information which was furnished to you 
by others?
A I acted upon the information that was furn­
ished to me by the principal of the school, the

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state supervisory personnel, and the present fmrmer 
president of the Institute.

HR. BOYETT: Mark this, please.
(Defendant's Exhibit 3 marked.) 

Q Dr. Elliott, earlier today the plaintiff
introduced a letter in regard to her termination 
from Mr. Strong

MR. NEWT ON: May I see it.
MR. BOYETT: Oh, excuse me, Mr. Newton. 
(Pause .)

Q 1 show you a letter here dated July 31,
1969, addressed to you from Mr. Ernest C. Strong 
and ask you if you received that letter from Mr. 
Strong as principal of the school in regard to 
Mrs. Hill?
A Yes, I did.
Q And did this letter -- was the contents
of it in line with information that had been com­
municated to you by Mr. Strong?
A Yes.
q And this is what you have reference to,
this is the information that you acted upon?
A Yes.

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Q In presenting the matter.
Actually the board of trustees 

A That's right. In presenting the matter to
the board, I acted upon this letter, yes.
Q Let's clear that up, the matter of termi­
nation of a teacher.

Actually who terminates the teacher, Dr.
Elliott?
A Well, really I could not -- personally could
not consider this letter as being authorized by the 
executive committee. But it was the policy that

I
had been followed there by the institute for a long 
period of time through consultation with the presi­
dent ofthe institute. But I was cognizant of this 
letter that Mr. Strong had written to Mrs. Hill. i!MR. BOYETT: And may it please the Court, 
we offer in evidence Defendants Exhibit No. 3.

ITHE COURT: Any objection?
MR. NEWTON: No, sir.
THE COURT: All right, it will be received.

Q Now --
MR. NEWTON: Let me say this, Your Honor, I 

don't object to the Instrument as a document that

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.

was received by Mr. Elliott in the due course of 
business. I did object to it as being a document 
vouching for the truth there of, that I have no 
opportunity to cross examine the person who wrote
it.

THE COURT: All right. There are no ob­
jections taken to this being inforsustion?

MR. NEWTON: No, sir.
THE COURT: Before this witness, but whe­

ther the information is accurate, you're not stipu- 
lati ng?

MR. NEWTON: That's right. |
MR. BOYETT: That is what we are litigating. 
Now, Dr. Elliott, at the time of Mrs. Hill's 

termination, and at the time that you were attempting 
to implement in a change at the institute, did you 
talk to Mrs. Hill about working in some other area 
other than home economics?
A After Mrs. Hill received this letter from
Mr. Strong, as I recall, she called me over the 
telephone and told me that she would like to see me. 
And she came up to my office, and told me that she 
had received a scholarship, as I recall, to the

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University of Alcbtst to do m s t r  work there in 
education. And she asked sc for aj advice 

®n whether or not she should go, and I suggested 
that since she had received the scholarship, that 
she should go on to school, and which she did.
And I at that tlaie, as has already been brought 
out, told her to come back to see we, and we 
wotld see if there was anything that she eouid 
do in our program in Talladega.
Q Now did you make any definite commitment --
I believe she testified on direct examination 
that you told her that you -- to go on to school, 
and that you would find something for her?
A 1 told her we would look into the situa­
tion and see if there is something that we could 
find that she could do in the school.
Q All right, sir. And now this was —  this
program of her attending school, this was already 
set up before you-- in other words -- 
A Well, I will say I had nothing to do with
setting it up. It wasn't set up -- I think it was 
set up that spring, some way, somehow, but I had 
nothing to do with it being set up.

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Q Well, I believe she had attended two pre­
vious lusasri In '67 and *68?
A That la correct.
Q But that actually under the progress, the
only point I'si bringing out, when ahe discussed 
with you, it was not a question 
A No. She just told we --
Q In other words, you did not tell her to

i
go to school as an inducesttnt?
A No, sir.
Q For her to continue her employment with the
institute ?
A No, sir. I
Q Or in that regard, but
A Not at all.
0 Well, state to the Court whether or not
you told her that it was an opportunity for fur­
ther educational benefits?
A She had already been accepted down there
by the University. So I understood that she had 
been accepted to go to suaser school again during 
the summer there, and certainly I didn't want to 
keep her fross going to school. So I suggested

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to her that she go on.
Q And It was In that context?
A Yes, sir.
Q Of encouraging as you would anyone to fur­
ther their education?
A Correct.
Q When she returned, did you discuss with
her any other area of employment with the institute?
A Well, when she returned frosi having com-

i

pleted the work at the University, she case into 
my office and talked with me. And I talked with 
her about past experience as a teacher in the home 
ec department, and mentioned some of the complaints 
that had been made about her to her, and some of 
the things that I had observed in my limited time 
to go into the department myself, and told bar 
that I did not know of anything particularly that 
we would --

MR. B0YETT : Excuse me. Judge, this is 
my other witness. You can wait outside.

Excuse me, Judge. Co ahead, sir.
A And that I didn't know of anything parti­
cularly that we had there for her. So then she

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vent to the chairmen of the executive committee of 
the board of trustees aid requested a hearing. And 
he immediately called me over the telephone. And 
I'm not sure, but I think I told Mrs. Hill that if 
she wanted to appear before the executive committee 
of the board of trustees, that she would have that 
right to do that.
Q And did you subsequently arrange for her to
appear at a meeting?
A Yes.
Q Of the executive committee?
A When the executive committee chairman called
me, said certainly, yes, we would be delighted to 
have a hearing for her. And we set a date for the 
time she would appear before the executive committee. 
Q And did she appear?
A She did.
Q And did the board discuss the matter in
detail with her at that time?
A Yes.
Q And then what --
A Well, let me say, in the discussion in de­
tail, let me say that Mrs. Hill came before the

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board and made her statement to the board, a rather 
lengthy statement to the board. And when Mrs. Hill 
had left, the board, executive committee by unanimou 
vote, voted to cancel her contract with the lnsti-

s

t ute.

181

All right, sir. And then did you subsequent­
ly notify her?
A Yes, I did.
Q All right, sir. Dr. Elliott -- may It pleas
the Court, 1 will go ahead and have this amurked, 
when he returns. This will be defendant's Exhibit 
No. 4.

e

(Defendant's Exhibit 4 marked.) 
MR. BOYETT: You saw this before lunch?
MR. NEWTON: Well, I will make my objec­

tions at the time you ask the questions.
MR. BOYETT: All right.
Dr. Elliott, you know Dr. Ronald Evilsiser

at the
A
Q
A
Q

University ?
Yes, sir.
At the speech department?
Yes, sir.
Do you understand that he was the coordinat or

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of the program?
A Yes, sir.
Q That Mrs. Hill attended there at the Uni­
versity ?
A Yes , sir.
Q And did you receive a letter bearing the
date of July 30, 1969, from Dr. Evilsiaer?
A Yps, sir.
Q And is that the letter that you received
from him?
A Yea, sir.
Q And does that letter specifically apply
to Mrs. Hill and the work that she did at the 
University ?
A Yes, it does.

I
MR. BOYETT: If it please the Court, we offeir

it in evidence.
MR. NEWTON: May it please the Court, we 

would like to respectfully object to this letter 
being offered in evidence, and we base our objec­
tions on one specific ground, that things contained 
in this letter are obviously hearsay on the part of 
the writer who wrote it; all through the letter,

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particularly the latter part of the latter, he 
talks about what somebody told him, and for that 
reason the letter is objectionable. The witness 
is here to testify himself.

THE COURT: I'm going to overrule the 
objection and allow it to be received. But only 
for the purpose of showing what information was 
available before the board, or this witness, and 
not as to the truth of the matters contained 
therein. Certainly if you wish to go into this, 
if Dr. Evilsizer testifies, you would be in a po­
sition

MR. NEWTON: We renew our objection be­
cause we think it is prejudicial to the record, 
and except to the court's ruling.

THE COURT: All right. Let me get this 
clear, when was this meeting of the executive 
committee of the board?
A I'm not sure of the date. I'm sure that--

MR. McCRARY: August 15th.
THE COURT: It was after the letter from 

Dr. Evilsizer and after the letter from Mr. Strong 
to you?

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A Oh, yes.
Q- Now, Dr. Elliott, I will ask you to state
whether or not at the time the board reviewed Mrs. 
Hill's statement, that they listened to Mrs. Hill 
and considered her statement, if at that time you 
also brought to the attention of the board the I
comments of Mr. Strong, the report from the State 
Department of Education?
A Yes, sir.
Q The report -- letter from Mr. Gentry, the
former president, and also this letter that has just 
been introduced into evidence?
A I did. |
Q  All this information-* I
A Was presented to the executive coMilttee.
Q That was after they had had an opportunity
to hear Mrs. Hill?
A Yes, sir.
Q All right, sir. And that was on August
15, 1969?
A Yes, sir.

MR. BOYETT: All right, sir. Your witness.

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CROSS EXAMINATION
Q (BY MR. NEWTON:) Now, Dr. Elliott, as
president of the institute, you have in your care, 
custody and control the records of all the faculty ;
members at the institute, is that right?
A Yes, with the exception of the adult departs
men t.
Q Which means that the records of Mrs. Maude
Hill and all the other teachers at Fort Lashley 
Campus were part of the records that you would

!normally have in the ord inary conduct of your busi- I|
ness ? 1
A Yes .
Q Now, sir ,, let me ask you a question.

Prior to your taking over, and I 1believe
you took over on or about August 16, 1968?
A Correc t.
Q Was there any single item written by
anyone in the official record file of Mrs. Hill 
that day, August 16, 1968?
A I 'm not sure. I don't know everything
that is in the file. I couldn't answer that 
question.

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Q Have you ever seen anything in the file
that would -- in the file, not what somebody 
told you on the street, in her file that would 
suggest to you about her competency as a teacher 
over the ten years she had been there?
A 1 cannot answer this question specifically,
and give you -- I recall items. Whether or not 
they are in the file, 1 couldn't say, because I 
do not have the file, all the file with me. 1 
know of things that were there prior to my goi ng 
there. But whether it is on a note paper or what
it is, 1 couldn't answer.
Q Mrs. Hill taught there for one year when
the schools were ordered desegregated, right?
One school year?
A Yes. She taught the year before. We
completed the plan as given to us by the Fifth
Circuit.
Q A year after she left, isn't that correct?
A After who left?
Q Mrs. Hill.
A No. We -- no. We implemented the Fifth
Circuit Court decree prior to her leaving there

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during the summer. And we terminated her contract ' 
during that summer. |
Q You said you implemented the decree prior
to her leaving?
A Well, she had not -- we were in the process
in the first year that the decree was Implemented 
was 1969. She did not teach in '69 and *70.
Q That ' s right.
A Okay.
Q But Mrs. Hill —  you had begun to Implement
the decree whidi would account for the twelve odd 
white students she had over there for her last year?
A Yes, this is correct.
Q So then at no time after the order of the
United States Court of Appeals for the Fifth Cir-

Icult to have the schools totally desegregated, was 
Mrs. Hill employed there?
A After the decree?
Q After you implemented the decree which was
late when you got there being implemented?
A After the complete implementation of the !
decree, Mrs. Hill was not employed.
Q All right. And aside from the twelve

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students on the Fort Lashley Campus, Chose were 
the only white students on the Fort Lashley Cam­
pus at all in 1968, is that right?
A That is correct.
Q All right. Now all these things that you
said you pointed out to the executive committee, 
were these pointed out in Mrs. Hill's presence 
at that meeting, on or about the 15th of Augast?
A At least some of them were. Now how many
of them there were, I don't know.
Q Now this letter just Introduced into evi­
dence by Mr. Evilsizer, dated July 30, 1969, this 
letter was sent to you as president some two or 
three months after Mrs. Hill had already been 
terminated, is that right?
A Well, it all depends on what you call ter -
nination.
Q Well, she received a letter back in May
from Mr. Strong, and you said that was -- that had 
been the practice before yougpt there, saying she 
was terminated?
A To an extent. vhether you could call that
termination, I don't know.

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Q Let me just ask this question, please, sir.
Between Hay 29, 1969, the date of the letter to Mr. 
Frnest Strong to Mrs. Maude Hill, terminating her, 
and it is quite clear, it says we regret to Inform 
you that you don't have a teaching position any 
more; now from that day, May 29, 1969, until the 
date of Defendant's Exhibit No. 4, July 30, 1969, 
she didn't work for the institute, did she, between 
those dates?
A No, no teacher worked.
Q And she hadn't worked since? I
A No teacher worked because the school was
not in session.

j

Q Did she get any other notice of termination
other than this one, and denying her request after 
she had met with the board?
A Yes. She got a letter from me after the
board meeting.
Q Right. And that was -- that letter was
not the official termination?
A Yes, it was.
Q That was denying of her rehearing, wasn't
it?

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A No. It was termination.

_ 190

MR. NEWTON: Will you please siark this for 
the plaintiff, please, sir?

(Plaintiff's Exhibit 8 marked.) 
Q Doctor, I show you a letter, allegedly
written by you, marked Plaintiff's Exhibit No. 8 
for identification dated August 18, 1969, and ask 
you if that is the letter you just referred to; 
is that the letter you just referred to?
A I wrote this letter, yes.
Q Have you written her any other letter re­
garding her termination?
A Not that 1 know of. I
Q Now isn't it a fact this letter only refers
to her meeting with the executive committee on 
August 15, and the fact that you don't have a po­
sit ion for her ?
A It says we do not have a position for her,
that is correct.
Q All right. And it does not cancel or modi- !
fy at all upon her previous letter she received?
A From Mr. Strong, no.

MR. NEWTON: I would like to offer Plaintiff's

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Exhibit No. 8 into evidence as Plaintiff's Exhibit
No. 8.

MR. BOYETT: No objection.
THE COURT: ' All right.

Q And in that letter, Dr. Elliott, or in Mr.
Strong's letter to her that you were familiar with, 
neither of those letters expressed any incompetence 
on the part of Mrs. Hill as the reason for her dis­
charge ?
A That is correct .
Q All right. As a natter of fact, thoae let­
ters blame the Integration process on the fact that 
she no longer had a job available?
A My letter. My letter does not blame the
integration on it. I'm not sure what Mr. Streng-- 
Q You don't call it by name, sir?
A No.
Q Will you please read into the record the
first complete sentence in paragraph 2 of Plain* 
tiff's Exhibit No.8?
A Read what ?
Q The first sentence beginning in.
A In the reorganization of the school, the

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committee feels that it does not have a position 
to offer you for the term beginning in Septembm; 
'69, which included the total reorganisation of 
the school, not because of integration.
Q Why were the schools being reorganized?
A Because we had the area vocational school
which had just come into existence, and we were 
reorganizing the entire vocational department.
Q Now have you changed, Dr. Flliott, in any
manner the method of identifying certain areas 
in the school since the time you took over the 
school in 1968?
A I am not sure of what youVre referring to.
Q Well, specifically let me show you Plain­
tiff s Exhibit No. 7 that is already in evidence, 
showing the vocational department.

Do you still have the vocational departsrcnt 
as such that you carry on your records there now?
A No. The vocational department now is under
the principal of the school just as any other pub­
lic school in the State of Alabama. At that time 
it was a separate department with a separate head. 
Now it has a supervisor now who is responsible to

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the principal of the school. At that tlae the 
supervisor was responsible to the president, and 
it was a different division.
Q All right, sir. And this is when at that
time during the 1967-68 year Mrs. Dempsey, that 
we have talked about, was carrying on the vocational 
department ?
A That was prior to my time.
Q All right. But those records were avail­
able to you when you took over?
A Yes, they were.
Q Now let me ask you this, Or. Elliott, be­
ginning September, 1969, how many teachers of home 
economics did you have?
A Two.
Q You had Mrs. Scruggs, I believe?
A Yes.
Q And you had another teacher. What was her
name ?
A Mrs. Palmer.
Q Now will you tell me about the training and
background of Mrs. Palmer?
A She has a degree in home economics, many

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years of experience in the field. And l don't know i 
I don't recall the training that she has in addi- 
t±>n to that.
Q All right, sir.
A She does not have a master's degree, as I
recal1 it.
Q All right, sir. How long had she been with
the institute?
A For years. I'm not sure. I would aay 20
or 25 years.
Q All right. Now after your first year there,
on or about May or June of 1970, Mrs. Scruggs re­
tired, did she not? I
A Yes.
Q Now did you hire a replacement for Mrs.
Scruggs?
A I did.
Q And will you tell me who that person is?
A Mrs. House.
Q And where was Mrs . House previously em­
ployed ?
A As I recall in the Talladega County school
system.

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Q And what was her job at that tine?
A She was the hone ec teacher.
Q All right. And what is her training?
A She has a degree in hone econonics plus
special courses in deaf education.
Q All right. How nany hone ec teachers did
you have that year after Mrs. Scruggs retired?
A We had three.
Q All right. And who else did you have?
A Mrs. Washun.
Q And was Mrs. Washun in the system prior to
that time?
A No. She was not. She was new.

IQ And where did you hire Mrs. Washun from?
* She was a graduate from one of the univer­
sities. I'm not sure which.
Q And* was her training in the area of hone
economics ?
A Yes. Plus special -- we kept Mrs. Washun.
We had Mrs. Washun there in 1968 and 69 as a teacher 
in training, also in deaf education, taking special 
university courses in deaf education.
Q All right, sir. And so you had then this

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Mrs . Washum and who was the third person?
A Mrs. Palmer.
Q Mrs. Palmer?
A Yes .
Q So of the three home economics teachers,
you had in the 1970 school year, beginning Sep­
tember of 1970, two of them were brand new to the 
home economics department, one was brand new to 
the school system altogether,to your school system? 
A Having spent a year there in training.
Q I said, but one was brand new altogether?
A No. Both of them had spent a year In
training.
q Both had spent a year in training?
A In deaf education.
Q Neither of them had previously at your
school taught in the home economics department?
A No, they had not.
Q Can you tell us in September of 1970 how
many new teachers you hired all together?
A No, sir, I cannot.
Q Can you tell us if you hired any other
than these people you're talking about?

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A
Q

Yes, I did.
How many teachers did you hire in social

studies ?
A I'» -- as I recall none in social studies.
Q All right. In English?
A None in English that next year.
Q Well, what areas did these new people you
hir ed wor k in ?
A Most of them were in the primary and ele­
mentary fields. Now we eaployed several teachers 
to go into the training prograa who were not as­
signed classroom work, but were assigned to the 
training prograa to take college courses there 
on the campus. And we paid them salaries to be 
there and to be Involved with supervising teachers 
and with children in a training prograa to sub­
sequently take jobs in the classroom.
Q How many non-degree teachers do you now
have ?
A I have no idea how ■any.
Q You have aany?
A Yes, we have.
Q And soae of the new ones you hired in the

Jiz

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1970 school year are non-degree people, are they 
not ?
A If we employed one without a degree, I do
not recall at this time. Now under special condi­
tions where a teacher has been involved with deaf 
children visually impaired, but only as a last 
measure in every case do we employ anyone who has 
less than a degree at this tla». This is the policy 
now. Now I'm not talking about what the policy was 
back.
Q Now you have several on the faculty that
carry on
A Several on the faculty now who don't have
degrees, that do not have degrees, and we are re­
placing them as fast as we can.
Q Are you replacing them by discharge?
A Some.
Q Because they don't have degrees? I
A Yes.
Q Do you have a Mrs. Jackson currently em­
ployed at the Fort Lashley Campus?
A Mrs. Jackson?
Q Jackson, yes, sir.

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A I believe so, yes, sir.
Q Does she have a degree?
A I'm not sure.
Q Do you know what she is teaching?
A She is in the priaary department there.
Q At your meeting before the coaalttee which
prompted your letter of August 18, 1969, did Mrs. 
Hill say to the coaalttee in your presence that 
she was available to teach in other areas for 
which she had training and had a teacher's certi­
ficate ?
A Yes, she did.

MR. NEWTON: 1 believe that's all. Thank 
you, sir.

MR. BOYETT: That's all.
THE COURT: All right.
MR. BOYETT: Dr. Evilsirer -- Judge, let 

me call hia back just a aoaent.
THE COURT: Hold hia out there.

REDIRECT EXAMINATIOH

Q (BY MR. BOYETT:) Dr. Elliott, we talked
about your offering, about your discussions with

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Mrs. Hill and all. I'a not sure that we brought 
it out, but when she returned, if you offered 
her employment in another area, if we did, what 
area was it in?t
A Well, I think this was discusaad this
aornlng, but I asked Mrs. Hill if she would be 
interested in serving as a house parent, or we

|refer to them as supervisors, they are super­
visors over the children, and I alse asked her 
if she would be interested in personal grooming 
or cosmetology. And she informed me she would 
not be interested in either.
Q And did you establish such a program?
A No, sir. We had had one there through
the years, and we were at that time planning to 
continue it, but it has since closed.
Q And she was offered this, and she de-
c 1 ined ?
A 1 would not say that I offered it to
her. I would say that I asked her if she were 
interested, and I had no right to make an offer 
when she said she wasn't.
Q I see. And since that time have you had

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any further discussions with Mrs. Hill of any na­
ture about any employment with the institute?
A Well, she has called -- as I recall, she
has called me over the telephone and asked me if 
I had any job for her, and I told her no.

MR. BOYETT : All right, sir. That is all.

RECROSS EXAMINATION

Q (BY MR. NEWTON:) Dr. Elliott, when you
refer to personal grooming and cosmetology, was 
that --
A It is one and the same.
Q is that a course to be taught there?
A Yes .
Q Did Mrs. Hill have any training in the
area of cosmetology?
A Other than she would be trained in voca­
tional home economics to do personal grooming. 
That is part of the home economics program in 
many instances.
Q But there is also a very special course
in cosmetology that takes all of one's time?
A That is a trade.

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Q And did she inform you at that time that
she had no training in cosmetology? i
A All she said to me mas she wasn't interested
in the job.
Q She told you she wasn't Interested in be­
coming a house parent also?
A Yes, or supervisor. We call them super­
visors.

MR. NEWTON: Okay.

REDIRECT EXAMINATION

Q (BY MR. BOYETT:) One other thing mentioned.
You have built a new trade school?
A Yes.
Q Adjoining the Fort Lashley Campus, have you
not ?
A Correct.
Q And thin trade school was completed and went
to operation in 1969?
A Yes. Well, in fact it went into operation
in 1968, about July, '68. But the area of vocation­
al high school part of it, the area vocational schoo 
part of it had not been completed at that time.

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And it was built after -- about the time that I was 
-- that I went there, and on through that year.
Q And in this trade schoal where you have
much better facilities for all kinds of aptitude 
tests and testing programs and everything else as 
far as
A That's correct.
Q As far as finding what someone is suitable
for ?
A And it has, therefore, cut down on the part
that -- the vocational education on the other two 
campuses where it was previously held, yes.
Q And you have an opportunity now through
the trade schools to offer opportunities to the 
handicapped that you did not have before?
A That is correct, yes.
■ iMR. BOYETT: All right.

MR. NEWTON: One final question, Doctor.

RECROSS EXAMINATION

Q (BY MR. NFWTON:) Some of the students
there that Mrs. Hill previously taught in general 
home economics at the black school were later



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filtered into other trade trees end other courses, 
is that correct?
A Y«s, I believe that would be a correct
statement.

MR. NEWTON: That's all.
MR. BOYETT: All right. That's all.
THE COURT: Let's go ahead and take about 

a ten minute recess.

(WHEREUPON, proceedings were in recess from 
2:53 P. M. until 3:07 P. M., following which the 
following occurred:)

MR. BOYETT: We will have Dr. Evllslser.

DR. RONALD EVILSIZER.
being first duly sworn, testified as follows:

DIRECT EXAMINATION

Q (BY MR. BOYETT:) You are Dr. Ron Evilsizer ?|
A Yes.
Q And are you employed, Dr. Evilsizer?
A By the University of Alabama at Tuscaloosa.
Q And what department?
A In the department of speech and special

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education.
Q And how long have you been at the Ifniversityl
A Since 1 9 6 3 .

Q And what is your title?
A Well, I'm assistant professor, also coordi-
nator of programs for the deaf.
Q All right. Now this program for the deaf,
would you explain to Judge Pointer just what that 
program is?
A There are several programs actually. I
imagine what you're after is the training programs.
Q Yes, sir.
A Or teacher training.
Q Yes, sir.
A We have a regular academic program which is
primarily a master's degree level program to train 
classroom teachers. Then in addition to that we 
have for the past five had special summer programs, 
also for the purpose of preparing teachers for class 
room teaching for the deaf children.
Q Now what particular areas do you deal in,
in these programs?
A I'm not sure what you mean by areas.

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Q Well, what subjects?
A Subjects?
Q Yes, sir.
A Our program is geared largely to preschool
and elementary school children education, unless a 
person comes in the program already having secondary 
background. Still the content of our program is 
stiU the same until they get to the level of super­
vised teaching, and that is a different subject 
matter.
Q In connection with that, then your program
is designed so that it will be beneficial to tea­
chers that are employed at the Alabama Institute 
for the Deaf?
A That 1 s right.
Q And in such a program did you become acquainr
ted with a Mrs. Maude Hill?
A Yes, I did. j
Q And she was a student?
A Yes.
Q At the University?
A During the summer programs, yes.
Q And you were the coordinator of the program?

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A Right.
Q And ire you familiar with the record of
Mrs. Hill while she was a student there at the
University?
A Her academic record?
Q Yes , sir.
A Not specifically. I only have -- I did
not have Mrs. Hill in class myself. And so I
really do not have a record of her performance.
Q Well, have you had occasions to review
Mrs. Hill's record that is kept in the regular 
course of business by the University?
A At the end of each summer I have.
Q And do you know what the level of per­
formance of Mrs. Hill wav?
A It'*, I recall, right around a C,
letter grade C. That doesn't mean all C's, but 
I think on the average that would be pretty 
close.
Q This is not graduate work?
A In Mrs. Hill's case it is not.
Q And she would not be considered as a
graduate student, and the level of her work would



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not qualify her for --
A As I recall when she was first admitted,
she did not meet the requirements for admission 
to graduate. So she was given the option cf en­
rolling as an irregular post-graduate, that is
sort of in between. It is for people who have 
completed their bachelor work, but who have not 
met the admission requirements for graduate work. 
Unless this was changed some time after her ini- 
tial application, that would have been her status 
at the time she was enrolled.
Q Dr. Evilsirer, you encounter special prob­
lems in teaching the deaf, do you not?
A Yes, you certainly do.
Q And would you elaborate some of those prob­
lems for the court?
A Well, we look at the two major areas. Virst^
is in terms of academic learning, that is to take
place for deaf children, just as you would for 
hearing children. This is compounded by the cossaaif- 
cation problem that deaf children have. In fact, 
they have initially no language, and don't acquire 
it with natural means. So there needs to be an

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understanding as to how this language is acquired, 
and how the teacher can help the child to develop 
this language. And this is really probably wore 
technical and wore difficult than the teaching in 
academic areas; at least that has been my experience. 
Q And is that part of your program to try to
assist teachers in that particular area?
A Yes, it is. This is true.
Q And do you think that there is any signifi­
cance in the fact that there is any relation be­
tween the level of academic attainment of Mrs. Hill 
and the continuing in the program of teaching the 
deaf
A
Q
A
Q

A
Q

A
that
Q

are

In the program at the University?
No --well, yes.
Or in the profession?
In the profession?
In the profession?
Yes .
1 would have to rely here on the records 

1 do have and so forth.
But you have reviewed those records as they 

kept in the regular course of business?

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^ That'* right. And I would have to respond
somewhere between what we would expect I guess of 
an under-graduate student and graduate student.
For a graduate student who is in our regular pro­
gram, a person who's functioning at the C grade 
level would not be recommended for classroom teach­
ing. The under-graduate program, and I'm going 
on as best I remember now from the college of edu­
cation, I believe a 1.1 grade point average is 
required for someone in the teacher education pro­
gram of 1.0 being a C. So this would be slightly 
better than a C. So again it would be an impres­
sion on the basis of her performance. And my im­
pression would be I would have to be very reluc­
tant to recommend her for an academic teaching 
position.
Q And did you so cemmunicate your views to
the Alabama Institute?
A I think I gave them that impression.
Q And that was your opinion?
A Yes.
Q In other words, that she is -- falls below
the minimum level of attainment for a person to

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continue in the classrooa situation of teaching
i

deaf children?
THE COURT: Just a minute.
MR. NEWTON: I nov interpose an objection.

I don't think this witness has said any such thing. 
It is a conclusion, Your Honor.

THE COURT: Sustained. I think it is 
leading the witness. Sustained.
Q Well, on the basis of her demonstrated
performance at the University, tell the Court 
whether or not you would consider that she could 
satisfactorily perform in the classroom? I

MR. NEWTON: I again interpose an objection. 
The witness has stated, one, he did not teach her. , 
So anything he knows about her preformance other 
than knowing she was in the program were from re­
cords he saw kept in another office, though he was 
the coordinator of this program, and when you use 
the word demonstrated performance by someone who 
did not teach a person, 1 don't see how he can 
answer that question.

THE COURT: I'm not sure that he can an­
swer it either, but I'm going to overrule the

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objection, and see if he la in a position to answer 
it based on the record.

MR. NEWTON: We except.
A State the question again.
Q To avoid repeating the objection, wuuld
you read it back?

(Question read.)
A The most I can say is that in terms of what
my recommendation would be, and that would have to 
be based on her reported performance, both aca­
demically and in terms of 
Q You would not recommend her?

i

A I could not on that basis, because I don't
have the kinds of information on which I would base 
a recommendation.
Q All right. And you conveyed this informa-
tion to Dr. Elliott?
A Yes.
Q That was in July of 1969?
A Right.

MR. BOYETT: All right, sir. Your witness.

CROSS EXAMINATION
Q (BY MR. NEWTON:) Now which is correct,

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Doctor, that you don't have the kinds of informa-
. . itlan that you can make a valued judgment or that

you conveyed something that you relied on informa- !
tion from others to Dr. Elliott?
A I could make a valued judgment, but it is I
on the basis of experience that the teachers in 
the program have had and on the basis of the grades 
earned.
Q Yes, sir. But you're talking about mhat
you saw on record, and what someone else told you
about the person that you did not teach, is that 
right ?
A Yes .
Q And based on the fact that you rely on that

.person -- those teachers' judgment?
A Yes .

MR .NEWTON: I again renew my objection to 
that exhibit, and I beLieve it was Defendant's Ex­
hibit No. 8, and ask that it be withdrawn.

THE COURT: I will overrule it.
MR. NEWTON: We except.
THE COURT: I have indicated, however, that 

1 wasn't going, and did not receive it but for a

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limited purpose.
Q Now, Doctor, all during your direct exami­
nation, you talked about academics.

Would your answer be the same, Doctor, as 
to the level of performances or whatever you're 
talking about for a teacher that was teaching wood­
work, whose primary responsibility would be say 
woodwor k?
A On the basis of what that teacher should
be able to demonstrate, knowledge about the subject 
woodwork, it would be.
Q All right, sir. Now the same thing about
home economics?
A Yes.
Q Doctor, if you're talking about a summer
program such as this, there are many things that 
enter into whether a student is a graduate student 
in like some institutions passing graduate records 
examinations.

jA Yes, that is part of our admission.
Q And a student who enters your special pro­
gram for teaching the deaf may not be Interested 
in getting a master's degree and taking graduate

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record exams, that is true?
A Yes, that is also true.
Q Now would you call in something so specialist

Iand something so different as what you taught there, I
a student Wio takes four courses and has two B's

■and two C's, is that a total failure in your -- would
Iyou consider your program having failed, or the tea-j
j

cher having failed in the learning process?
A I wouldn't consider that total failure.
Q All right. And would you jaat take those

!four grades alone and say this teacher is not cap* 
able of teaching?

I
A No, not those four grades alone.
Q All right, sir. And do you have any ex­
perience with Mrs. Hill, any personal experience 
with Mrs. Hill as a student at the University that 
you could evaluate other than the grades that you 
saw and the information that other teachers gave 
you?
A No.
Q So in any judgment you made at all, are
taken from some grades you saw on the record and 
some conversations with teachers who are not present

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here on this stand at this timef is that right?
A That's right.
Q And I believe you say it is your training
program there was geared to elementary school edu-
cat ion ?
A Primarily, yes.
Q Now in the process of being a coordinator,
when a teacher came to take your summer program, 
whether they mare taking it on a graduate level 
or whether they were taking a survey course during 
the summer for strength, did you check into the 
background of that teacher to determine what that 
teacher taught, wherever she came from?
A We have a transcript of her courses, so
that would show an indication of what her previous 
training had been.
Q And previous experience?
A Right. '
Q That would not, however, show classroom
situations like whether she had all children at 
the same academic level, whether she had a mixed 
ball of wax, students in varying ages and so forth 
as for instance with a deaf school?

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A No, It would not show that.
Q Would you say as a coordinator, the sucesaa
or failure of a teacher, many of these things would 
be important to how successful a teacher could be 
in a classroom with a lot of people?
A Yes, they seem to be.
Q Wouldn't you say, Doctor, if a teacher had
seventeen students, some of them could barely read, 
some were in there day 1 or as of October 18th, 
month 1, some of them in there year 2, some of 
them have other emotional problems, wouldn't you 
say many of these things would determine how effec­
tive a teacher of home economics could be, no mat­
ter how good she was ? |
A That certainly would be part of it, yea.

i
Q And, Doctor, wouldn't the amount of equip- j
ment and the kinds of equipment also affect, have 
something to do with the effectiveness of a tea­
cher in a classroom such as this?
A Yes, it would.
Q Have you ever visited Mrs. Hill in the
teaching of her class at Alabama Institute for 
the Deaf and Blind?

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A Not that I recall. I may have stepped into
her room at a time. I don't reaaafcar specifically 
visiting her classroom.
Q You haven't made any notes or formed amy
opinion or written anything as it relates to her 
teaching in her classroom situation, have you?
A No, I have not.
Q And, Doctor, this letter that has been
referred to and has been admitted into evidence 
as Defendant's Exhibit No. 4, do you recall what 
occasioned you to write this letter?
A Yes. Dr. Elliott had indicated to me
that Mrs. Mill was no longer on the staff and 
would like my views.
Q So this letter was written after Mrs.
Hill was no longer a member there and written
on July 30, 1969?
A Well, during the summer. I don't know
if she was on the staff or not. I don't know 
when her appointment was completed.
Q But you wrote it on the 30th of July?
A I wrote in on the 30th of July, right.
Q Had you ever had an occasion though, she

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had been there two previous tuners, to write Hr.
Flliott or anyone else in connection with the in- 
stitute, a letter concerning the perforasnee of 
Mrs. Hill?
A No, I don't.
Q Now is it also on this letter that you
refer to a Mrs. Ruth Walker, who taught Mrs. Hill?
A Yes.
Q And you pointed out here some things Mrs.
Walker told you, is that right?
A Yes, sir.
Q Can you, Doctor, of your own knowledge
say to me or to His Honor that Mrs. Maude Hill 
was not an effective home economics teacher at 
the Alabama State School for the Deaf?
A Not of my own knowledge.

MR. NEWTON: I believe that's all, sir.

REDIRECT EXAMINATION

Q (BY MR. BOYETT:) Doctor, I believe you did
say that you state to the Court that based upon what 
information you do have, and as the coordinator of 
the program, then you familiarize yourself with

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levels of performance , do you not?
A Yes, I do.
Q And based on the information that you do
have, that you could not recommend her?
A Right.

MR. BOYETT: A11 right, sir. That's all.
MR. NEWTON: One question.

RECROSS EXAMINATION

Q (BY MR. NEWTON:) If presented with infor­
mation other than the information that is available 
to you, is there a possibility that you could change 
your mind about that? I

MR. BOYETT : Judge, we object to that.
MR. NEWTON: I'm calling for an educator 

who has given --
THE COURT: Overrule, if he can.

Q Is it possible you would change your mind
if presented other information?
A Yes. I tried to utilise all the informa­
tion I have.

MR. NEWTON: That is all I have.
THE COURT: Doctor, as I understand it,

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part of your testiaony her* is that based on what 
you know, you wouldn't be in a position to recoa- 
mend her?
A That's right.

THE COURT: Are you also saying that you 
are in a position to recoaaend against har hiring?
A This is as best, would be a recoaaendation,

;
yes, on the basis of information I had, if I was 
in a position of hiring her, 1 would not do so.

RECROSS EXAMINATION'

Q (BY MR. NEWTON:) Doctor, this proapts
another question or two froa ae. !

When you say this, are you talking about !
a person who never worked in the area, if the 
information you now have was now given to you, 
and this person caae to you for a job, is that 
what you're talking about?
A No. You scan what I was basing hiring
Q His Honor asked you could you also fora
a judgment against her, that is, against hiring 
her, and your answer said, based on the inforaa- 
tion you had, if I aa correct, that you could not.



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Now, are yo u Calking about hiring soaieone 
who comes to you cold and you get some information 
from a teacher and see some grades?
A Usually that is about the extent of the
information you have in hiring situations.
Q But let's suppose -- let's add one other
step, that someone had done a credible job for 
ten years teaching home economics, and had these 
grade levels, and we are not talking about teach­
ing on graduate level where you require a B ave­
rage. Would that be enough to make you vote 
against hiring that person?
A If 1 had a recommendation?
Q If you had someone who had taught in a
school for a period of ten years, communicating 
with deaf children, teaching a course in home 
economics, and the information given you was that 
she had done a fair to credible job, and had B's 
and C's teaching in elementary type level, would 
you not
A Someone who had firsthand knowledge of
her teaching experience would recommend her to me, 
then I would consider that very possible.



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Q I believe when you told us, when you testi­
fied on direct, thst s 1.5 is s B record, or a C 
record, w«s generally sufficient to teach on an 
elementary type level?
A Yes, for the undergraduate program.
Q Mrs. Hill was not enrolled in your school
ever as a graduate student, was she?
A No, she was not.
Q And she would have and earned a degree in
the area of home economics, did she not?
^ » *• I recall that is correct.
Q Now all things being equal without anybody
telling you anything else, would that alone be 
enough for you to say that you would not recommend 
this person for teaching?
A I was not referring to home economics as
such. I was referring to -- because I’m not quali-

pi
fied to recommend or not recommend in that field, 
but as far as her understanding and working with 
deaf children, that would be the basis for it.
Q Her understanding and working with deaf
children, but we are talking here, Doctor, about 
a teacher of home economics, who teaches children

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who happen to be deaf, and you're saying that her 
competency in the area of home economics has no­
thing to do with your evaluation, is that what you 
are saying?
A That is essentially what I'm saying.
Q So you're essentially grounding your in­
formation on hearsay from two teachers and seeing 
how many grades did you see all together, Doctor?
A Well, I believe she attended three summers
and two courses each summer would be six grades.
Q Some of them were B's, were they not?
A I believe at least one. I don't remember i
exactly.
Q Two of them?

, iA I just don t know.
Q All right. And so this alone is how jdu
base your judgment on not employing a teacher?
A Not that alone. Again if I had a recom­
mendation from someone who is familiar with her 
work, that would be a basis.
Q And you didn't have that?
A No.
Q When you made this judgment?



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A No.
Q You only had work done at your school and
conversations with teachers there?
A I did have recomnendations that accompanied
her original application. That was the only thing 
as far as from people who were familiar with her 
wor k.
Q >tod were those recommendations good or bad?
A I haven't looked at them for awhile. 1
believe there should have been three. They don't 
stand out as being good or terribly bad either one.
Q Well, in other words, when persons get
recommendations to enter a program, they usually 
get favorable ones, don't they?
A Unfortunately that is often the case.
Q And would ymu say more frequently than not
the case?
A More frequently, yes.

MR. NEWTON: All right. That's all I have.
THE COURT: Anything else from this wit­

ness?
MR. BOYETT: No, sir.

jTHE COURT: All right, you can stap down and

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be excused.
MR. BOYETT: Thank you, Doctor.

(WITNESS EXCUSED.)

MR. BOYETT: We rest, may it please the
Court.

THE COURT: All right.
MR.NEWTON: I would like to recall Mrs.

Hill for about two or three brief questions on 
rebuttal.

THE COURT: All right.
MR. NEWTON: And I would like to ask these 

be marked.
(Plaintiff's Exhibits 9 and 10 marked. )

REBUTTAL TESTIMONY ON BEHALF OF THE PLAINTIFF

MAUDE HILL.
being previously duly sworn, testified further as 
follows:

REDIRECT EXAMINATION
Q (BY MR. NEWTON:) Mrs. Hill, I would like
to show you a photograph and an article marked

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Plaintiff's Exhibit No. 9 for identification, and
(ask you if you recognize that?

A Yes, I do.
Q And I would like to ask you what does this
represent ?
A That picture represents the clothing pro­
ject that those girls carried on.

■ IQ Were these your students?
A They were my students in home economics.
Q In home economics?
A Yes.
Q And was this an award won by those young
people that you taught there?
A Yes.
Q And the clothing they wear, were those
made under your supervision and care?
A They were made under my supervision and
care. And when they started
Q Just answer my question, please, ma'am.

i
Now I would like to show you Plaintiff's 

Exhibit No. 10.
A Yes .
Q Also showing a group of young people, third

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place winners In the county 41 dress revue?
A That's right.
Q I would like to ask you if these were
your students?
A They were my students.
Q And I would like to ask you if this award
was made for your students for work they had done 
in the home economics department?
A It was.
Q And this was inthe area of dressmaking I
bel ieve ?
A Yes.
Q All right. And I believe in Plaintiff's
Exhibit No. 9 your name is listed as teacher there?
A Yes.

MR. NEWTON: All right. Your Honor, I 
would like to offer into evidence Plaintiff's Ex­
hibit No. 9 and Plaintiff's Exhibit No. 10.

THE COURT: All right.
MR. NEWTON: And that is all we have.
THE COURT: It is received. You can step

down.
Does counsel feel a need to argue the case

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orally?
MR. BOYETT: No, air.
MR. NEWTON: We will submit it, Your Honor.
THE COURT: The Court is prepared at this 

time to enter its findings of facts and conclusions 
of law in this case.

These being dictated to the Court Reporter, 
and in the event of an appeal, the Court would re­
serve the right to correct that to the extent of 
minor typographical errors and matters of that sort.

These findings and conclusions are based on 
the evidence that has been heard in open court, the 
several documents that have been exhibited, and 
allowed into evidence, some of which were allowed 
only for limited purposes.

These findings and conclusions are also 
based on the provision of the pre-trial order 
which was entered after the original filing of 
this complaint, and intervention.

This case is an adjunct to much an earlier 
case that was brought against the Alabama Institute, 
and which had culminated in the establishment of 
a plan for desegregation of the facilities and



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faculty and staff and educational opportunities 
at the Alabama Institute. This took place essen­
tially back in 1968, with a decree of the Circuit 
Court of Appeals for the Fifth Circuit, and sub­
sequently followed by a decision of this district 
court, Judge Grooms rendering this decision.

As a part of that plan for desegregation, 
there was put into effect a restructuring of the 
facilities afforded at Talladega for education of 
deaf and blind, and particularly what had been 
known as the Alabama State School for the Deaf, in

|which the educated black youngsters were reconsti­
tuted as a facility for educating all children, white 
and black, in the deaf program for grades nine, 
ten and twelve year olds with whatever grades might I
be appropriate for them, and the children, both 
white and black of other age groups were placed at 
what formerfy was called simply, I believe, Alabama 
School for the Deaf, which in this hearing has 
become known as the Main Campus or the South Street 
Campus. As a part of that restructuring, some 
classes, at least those in home economics, which 
had been offered and afforded at both facilities,



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were only to be afforded at one of thoae facilities. 
And the institution found itself in the position 
of having a general hone economics course offered 
at the state school or what we call the Fort Lashley 
Avenue School, and a vocational hone economics class 
at the Main Campus, whereby thereafter all home 
economics course materials would be provided at 
in effect the high school level or above twelve 
years of age students, it became necessary for the 
institute to make some decisions relative to who 
should be retained as among those that had been 
teaching in home economics area at the two facili­
ties .

The particular court decrees which per­
tained to this lawsuit did not spell out exactly 
what -- in what manner the decision would be made 
about who would be retained and who would not. 
However, in the Fifth Circuit opinion, that 
reference was made to certain other decisions that 
the Fifth Circuit had rendered including a deci­
sion involving the Jefferson County Board of Edu­
cation, and the mandate was placed by the Fifth 
Circuit, that every effort should be made by the

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institute to put into effect in its teacher assign­
ment matters, the same kinds of rulings or require- 
ments that had been placed for regular public educa­
tional facilities in the Jefferson County case. In 
the Jefferson County case, the Fifth Circuit had 
outlined certain things that should be done in order 
to implement plans of desegregation, including the 
basing of any demotions or dismissals on a non- 
racial reason, and of providing that any teachers 
displaced as a part of the process of converting 
cr changing to a desegregation plan should have some j 
priority for re-employment if qualified. The stan­
dard there is not and was not stated as being mare 
or less qualified than some other applicant, but 
whether or not the displaced teacher was qualified. 
Although not placed specifically in those terms 
in the orders relating to the Alabama Institute, 
the reference in the Fifth Circuit opinion to the 
other cases incorprated at least by reference this 
same general theme as to what should be done on 
any displaced teachers in the institute.

The Court concludes that the burden of 
proof under the circumstances rests on the board

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of education to demonstrate by a preponderance of 
the evidence that the action which it took in 
terminating the plaintiff here, Mrs. Hill, on 
firsthand or in failing to re-employ her on the 
second hand was for non-racial reasons. And insofar 
as the failure to re-employ, that she was not 
merely less qualified than other applicants, but 
in fact was not qualified for the jobs which were 
offered. So there are two different standards

Iinsofar as the question of which teacher should 
be retained at the time of original contracts.
I see it that the test would be choosing the bet­
ter qualified for non-racial reasons.

So far as any re-employment is concerned,
1 see the test as a requirement to rehire someone 
who was displaced and in contraction, unless that 
person was not qualified at all. Those are the 
two tests 1 am going to attempt to apply in this 
case, and upon the facts and testimony presented.

I should say that 1 find it a difficult 
case to decide under these standards. The plain­
tiff has a BS degree with specialization in the 
teaching of home economics, and has had some ten

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years' experience in teaching hove economics with 
at least three summers of work in studying the 
teaching of deaf children, handicapped by inability 
to hear properly. On the record of academic back­
ground for being a teacher generally certainly this 
plaintiff would have such qualifications. And 
generally the fact that someone has been teaching
for ten years and wasn't discharged during that ten 
year period, as a matter of fact wasn't discharged 
within the first two or three years, would certainly)

Ibe an indication that she was considered adequate
for the particular type of teaching.

There comes a question that has been raised 
by at least one witness -- raised by two witnesses 
as to the effect of the grade scoring that the 
plaintiff had while attending the University of 
Alabama in terms of taking special courses in the 
teaching of deaf children. And under the evidence 
for the three summers of work she received four C's 
and two B's or a 1.33 average. This testimony 
has a mixed effect. First, it indicates both a 
willingness to learn more about teaching deaf 
children, and the acquisition of additional knowled

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about hov that can best be done. But on the other 
hand, the grades attained are, under the testimony, 
subject to question instead of shoving real compe­
tence, perhaps shoving the contrary.

The Court is avare, though the evidence 
didn't really demonstrate this, that a C grade is 
normally considered to indicate fair rather than 
failing and rather than poor. The testimony of 
Dr. Evilsizer, vho is a coordinator at the Dniversi 
of Alabama, Involved in the training of teachers 
for deaf children, indicates that there is some 
general correlation betveen ability to teach deaf 
children adequately and attaining grades in the 
neighborhood of a B average in special courses 
that are taught for these teachers. 1 think in 
and of Itself the mere obtaining of less than a 
B average in special deaf education courses vould 
not be adequate to shov that someone vas or vas 
not qualified to teach the deaf. But it is a 
factor that the Court feels needs to be considered.

In conjunction vith the evidence relative 
to her performance over the last approximate 10 
years, by those vho had opportunity to actually



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observe the teaching and the results of her teach­
ing, there is soise conflict in the evidence as to 
exactly how effective Mrs. Hill was in teaching.
1 suppose anyone involved in teaching recognises 
her difficulties in attaining the kind of results 
that you would like to get froai your students.
And I can't help but believe that this suit be 
particularly difficult in the teaching of deaf 
children in the field of deaf education, and the 
frustration that people have in that field. Several 
witnesses appeared to attest to the general Manage­
ment of the class by Mrs. Hill, her ability to i
conduct the training and classroom work, and that I
according to their viewpoint, some learning was 
going on under Mrs. Hill's help and supervision.
Then there are personnel from the State Department 
of Education who found approximately two years 
before her termination that there were distinct 
deficiencies in what was taking place in Mrs.
Hill's classes, particularly in questioning whe­
ther there was a good atmosphere for learning, 
whether there was adequate preparation in terms 
of planning, the training to be given, and as to

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whether or not there was a good inspiration being 
given to the students to learn through Mrs. Hill's 
own appearance, personal appearance or Banner of 
communicating with the students. These tend to be 
very subjective ways of looking at what is going 
on, but certainly there are many things that can 
only be subjective and not objective.

It does appear from the testimony and par­
ticularly from the testimony of Mrs. Rogers, who 
for some four years was a supervisor of Mrs. Bill, 
in terms of teaching and instruction work at the !
school, that Mrs. Hill has had difficulties in I
terms of getting perhaps across to the student as 
much as they were capable of, and as to her perhaps 
failure to plan adequately, and being too limited 
in what she was teaching the students there. There 
is testimony that Mrs. Hill's handwriting and 
spelling are poor. This may seem a trivial thing, 
and perhaps would be in many areas, but the Court 
is impressed that in terms of teaching deaf chil­
dren, that a high priority has to be placed on 
this skill of good spelling and good handwriting. 
Unfortunately it's usually pretty difficult to --

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for a teacher to correct spelling and handwriting 
late in life, and after her own educational 
basic educational processes are gone, to come 
back and make changes along that line. Yet, in 
terms of an administrator looking for improvement 
and upgrading of a school for deaf children, cer­
tainly there is reas on why this Court would go 
along with in placing emphasis on good spelling 
and good handwriting on the part of teachers.

Mrs. Hill received a letter back in May 
or early June of 1969 from the principal indicating 
that she was -- that her employment was being

Iterminated, and there would not be a position for 
her at the school the following term. Subsequently 
a hearing was held before the executive committee 
of the institute, on or about August 15, 1969, in 
which Mrs. Hill was given an opportunity to express 
herself about her abilities and capabilities and 
desire to stay at the school.

There was also presented to the executive 
committee, though perhaps not in Mrs. Hill's pre­
sence, some information which had been obtained 
by the saperintendent from Dr. Evilsirer, the

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coordinator at the Italversity of Alabama, from a 
former superintendent of the institute, and infor­
mation from the personnel with the State Department 
of Education, indicating as previously indicated 
some deficiencies in Mrs. Hill's ability.

The Court does not believe that the re­
quirements of the constitutional due process of 
law requires that these letters necessarily be 
given to her in advance of the hearing, but that 
could be considered, that they could be considered 
by the board along with her statements, and along 
with any other stateownts that she may desire to

i
submit on her own behalf.

The Court, after weighing all the evidence, 
finds itself in -- with the conclusions, that in 
the particular area of teaching deaf children 
home economics or other courses with which generally 
Mrs. Hill would be generally competent, that she 
does not have the degree of competency which would 
place the board under a duty to rehire her or to 
continue her employment. I recognize that in reach­
ing this conclusion that there is some inconsistency 
in the fact that the board retained her for ten

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years as a teacher, and apparently was willing to 
do so as long as she was only teaching blacks.
But when it case to teaching whites, apparent iy 
the standard went up, at least that woald be a 
surmise the Court would make as to what the board 
is doing which certainly the Court, if this be 
the case, the Court can't feel very happy about 
that kind of double standard. At the same time, 
based on this evidence and still admitting there 
is some conflict and agony on the part of the 
Court trying to reach what the conclusion is, I 
do believe l'm persuaded that in the area of teach­
ing deaf children, that Mrs. Hill lacks the kind 
of competency that the board has a right to re­
quire. This is not to say that she would not be 
competent to teach home economics to persons not 
suffering under this particular handicap. The 
evidence presented by both sides indicated that 
she was operating under rather some difficult 
conditions in teaching a non-graded course. And 
the Court sees that this would present a mighty 
heavy responsibility, but rather than excusing 
because of the difficulty, the Court sees this

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rather as a reason for permitting a board to re­
quire perhaps higher standards for anyone who is 
going to be placed in that kind of position and
condition.

The Court really does not reach the ques­
tion of the competency of the other four teachers 
whose competency has generally been brought into 
focus, that is, Mrs. Scruggs, who was the voca­
tional home economics teacher, plus the three 
other teachers who I believe were hired as home 
economics teachers in the following year or period 
after Mrs. Hill's termination. Other than the 
Court concludes that again based on academic 
training and record, they apparently were quali­
fied just as on the basis of Initial academic 
training and record Mrs. Hill was qualified. It 
is only the ruling I'm making is based in a large 
part upon the kind of evaluation that has been 
made from those who saw her operating over the 
last seven or eight years as a teacher actually 
working with deaf children.

The Court recognizing that sometimes the 
incidence of desegregation process seem to fall

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heavily on those who don't really ask for it, but 
it nevertheless cones, and this is both white and 
black, sees this as another kind of illustration 
of that very point that the process is extremely 
painful, and sonatinas hits nany different people 
in the process.

I conclude that the board has sustained 
its burden of proof regarding both its termina­
tion of service, and its failure to re-enploy, 
and will enter judgment accordingly.

(WHEREUPON, proceedings were adjourned at
4:00 P. M., November 15, 1971.)

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C E R T I F I C A T E

STATE OF ALABAMA)
JEFFERSON COUNTY)

1, Thomas E. Dempsey, Official Court Repor­
ter of the United States District Court, Birmingham, 
Alabama, do hereby certify that I reported in steno- 
typy the foregoing proceedings at the time and plact 
stated inthe caption hereof; that I later reduced 
my stenotypy notes to typewriting under my super- 
>ision, and the foregoing pages contain a full, true 
and correct transcript of the proceedings as herein 
set out.

I further certify that I am neither of coun­
sel nor of kin to any parties to said cause, nor in 
any manner interested in the result thereof.

^  OFFICIAL COURT RffORTE

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C E R i I F I C A T E

STATE OF ALABAMA) 
JEFFERSON COUNTY)

I, Thomas E. Dempsey, Official Court Repor­
ter of the United States District Court, Birmingham, 
Alabama, do hereby certify that I reported in steno- 
typy the foregoing proceedings at the time and place 
stated inthe caption hereof; that I later reduced 
my stenotypy notes to typewriting under my super- i
vision, and the foregoing pages contain a full, true 
and correct transcript of the proceedings as herein
set out.

I further certify that I am neither of count 
sel nor of kin to any parties to said cause, nor in 
any manner interested in the result thereof.

.5 V
OFFICIAL COURT RFFORTE



Alabama Inatitut* for 9raf and Blind
follafega. Alabama 3516B
May 29, 1969

72-1107

Mrs. Maude Hill
1712 T'est Mattie Street
Talladega, Alabama 3t>l60

Dear Mrs. Hill:

ve regret to inform you that the teacher position of Home 
Economics at the Alabama School for the Deaf, Ft. Iashley Avaiue 
Campus, vd.ll be terminated with the beginning of the 1969-70 
school term. This action is being taken because of the Federal 
Court decree and the plan of the Institute to place children at 
this school who will not be over 12 years of age. Therefore, our 
Home Economics Department will be closed.

I give you this information so you will have the opportunity 
of making the necessary arrangements for employment next fall.

’’e appreciate your interest and past endeavors in teaching
the deaf and hope that you 
future success.

ED/ib

cc: pr. M. 7 . Elliott

will accept our best wishes for your

Sincerely yours,

Imest Strong,'7Jr., Prin
Alabama School for the 
Ft. Lashley Avenue Cam;

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i

ALABAMA INSTITUTE FOR DEAF AND BLI

N O T I C E  OF A P P O I N T M E N T * 2 .

VI rs • Maude Hi 11

You have been assigned to the position of T e a c h e r  --------- ------------  -------------------——

in the S c h o o l  f o r  t he D ea f dqiartment of the Alabama Institute for Deaf and Blind

at the salary of $__4 , 7 9 7 . 0 0 _____________________  ____________________ _____ ______more or less

to be paid i n _______12______________________monthly pay ment beginning _____ O c to b e r  19___67

and e n d in g _______ S e p te m b e r  3D.,-. 19. fid  plus .........  _  -----  — ----------------- — -------------- -

Signet

September 8, 1967 'President

PLEASE SIGN DUPLICATE COPY AND RETURN TO OFFICE

Accepted as above

Name . . __________ _____ ______ ___

Date .. . .
PLAINTIFF'S EXHIBIT # >

-  Z<*7-



ALABAMA INSTITUTE FOR DEAF AND BLIND

\< >/1< i 0 1  \ r r ( 'i \  i \u  \  r

Vl r s .  Maude J.i 11

Yon h a w  hi t'ii asM̂ iii (I tin iit>-s1111<■ i ni Instructor
in tlir School for Blind - F . La.-nley depunment ->t tin Mah.imu Institute tor Deaf and Blind
at tlir salary of S

11lo he paid in

and end in« September 30

5,504.00

monthh pa\ incuts he^inniiui 

l'l69 plus

more or less
October 1, 1968

President
Signed

Date October 1, 1968
PI KASK kl.KP OHI(.l\\\ \ M ) Hill B \  M ( A F I )  (Oplfs T O  TUI O F F K . F

Accepted ,is above
t .  c-Name



& „
ALABAMA INSTITUTE FOR DEAF AND BUND

N O T I C E  OF A P P O I N T M E N T no?
M Maude Hill

You have been assigned to the position of --------Te a c h e r  ---------  -------------------------------------

in the _ S t a t e  S c h o o l  f o r  t h e  D e a f  __ dtpartment of the Alabama Institute for Deaf and Blind 

it the salary of $------------- ----------- -----------5 ^ 2 9 7 ^ 0 0  ---------------------------------------------- more or less

12to be paid i n ------

and e n d in g ______September 30^

. monthly payment beginning 

19 66  plus -----  — -----

Signed

October 1l__ 19. 67

Date S ep tem b er  8 ,  1967

1’LEASE SIGN DUPLICATE COPY AND RETUKN TO OFFICE

Accepted as above

plain: i t ? 1 > s-i fName



M E M O R A N D U M

To

FROM ---------------

tRNEST STRONG, Principal

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r

RACE

1967-68
ANNUAL
SALARY i DATE OF 

EMPLOYMENT

•ALABAMA STa'I j. SOiLOi, H.'i. TIM; DiT.t-

Principal - Strcnc, Err.c: 

RANK II

White

* !H

RANK III

Colburn, Evelyn White
Gilchrist,' Katherine White

Gilchrist, Wright White

Negro

3,674

5.136.00

5.031.00 
5*, 136.00

4.178.00

4.250.00

1944
1943
1942

31967

2967

C\
vb -ra q xhi- w

John Negro 5,173.00 1965 V3
,*

Clara Negro 1 5,400.00 
1 1967 k  p'.

Maude Negro : 5,297.00 f 1959 I
David White 5,400.00 1967 *
M.i Id rod Negro 5,3.18.00 1966 ■ *lrr n
, Anna Negro - 5,400.00 1966 .

, Harlteen Negro 6,037.00 1956

* Baker, Colon White CO ro b o 2963
* Blue-, Sara Negro 4,256.00 I960 (Resigned - Sept. 1967)
* Bush, Peggy White 3,719.00 1963
Clark, Naomi White 3,916.50 1961

* Cole, Frances White .3,250.00 2967
*Torbus, 011 i 0- Pea:rl White 3,753,00 1961

* 'Lanier, /.out ’White 3,436.00 1964
Steed, !•' Hi' • White ’> Vie i M j 1953-1958, 1962

*Spai nhou.i , Dori a White 4,'M7.77 ‘ 1362
* The cl: or non. i.oi White 3,0(0 .50 I960

^Denotes teacher has had additional education courses beyond rank of certificate.
*•2,7 /of______ T



RACE
ANNUAL
SALARY

ALABAMA SCAT;: ••VnOOL I'OR Hi!- DEAF - Continuod
Nix, Matdlie Negro 1,06-1. To /^AAPart Time
Vacancy - Part Time Art Instructor 900.00
Bryant, Jane White 3,000.00 Secretary
Strong, Ernest 300.00 Travel
Vacancy - Thor;apist Time 3,000.00

.1.10, V!M>. U S

Cosmetology Inst 9 mo.

10 mo.

I i -

_______ :................ .............................:___ ______ :________ _ :



VuCATIlNAL ULPI. -  SCHOOL FUR THE n K A l?  

ThACEut R A M  u/ CnhTlFIC.,,TL tiAU

KAnn i

hughston, Fred Jhide

ttAflK II

ocrugK.s, Mrs. i^rgaret "

RA.\A III

Clara, Clarence "

benipaey , :lrs. Katie 11

button, Houston "

ford, Mr a. w. "

Kara jiiS, >ira. i. : ene "
t Alton, els. j.Et> .el "

Ramey, Clayton "

Whatley, *. o. "

Foaby, onester "

*Norred, .. j-mmy "

aMHUAL
oALAr X

SUBJLCT
TAUGHT

DATE OF 
EMPLCYMEHT

*748 fl.X Asst. Voc. 
birector

1960

6o'5C. O Hone Ac. 1939-1940; 1943-

4978. 00 bakery 1945
5 U 5 . X oooBiercial

Hewing
1947

6OCO.0O Printing 1967
4178.dO Arts a Crafts 1966
5428. OC Cosmetology 1943
547j.00 Typing a

Business hractioe 1943
4995-00 ohoe Repairing 1947
5971.00 Bartering 1936

• 00 Auto Mechanics 1963
540U.V-O industrial Arts 1967

* ber.otes teacher ,\ae had additional education courses beyond rank of certificate



(EaUahrga. Alabama 35160

August 18, 1 % 9

o  v? & y  -  y  <̂<3

Mrs. Maude V. Hill 
1712 W. Battle Street 
Talladega, Alabama 35160

Dear Mrs. Hill:
The Executive Committee requested me to express their appreciation 
to you for coming before the Committee on Friday, August 15* They 
gave very careful consideration to your statements to them and the 
problems of employment at the Institute for the 1969-70 school 
term. In the reorganization of the schools, the Committee feels 
that it does not have a position to offer you for the term begin­
ning in September 1969- As was indicated to you at the meeting, 
certain departments which have previously been operated at the 
Institute have been closed and we did not have a position that was 
acceptable for several of the people who had previously held 
positions at the Institute.

W. W. Elliott, President

WWE/lc

-



INTIFF’.s

4-H DRESS REVIEW WINNERS — Tim* flHrto attend the Alabama State School tor the Deal and are members at the girls' 4-H club. They recently won la the 4-H girl* (tress review which was heM at the school under the direction of 4-H leader Mrs. Maude Hill. They are left to right Elisey .angford, first place; Joyce Hicks, second placet and ( third place.



W'
 ■&

P

County Ex- 
agent, Rina’* 

She and 
have a 4-H 

many

activihe* held by the Talla­
dega County E xtension  S er­
v ice  program .

What kept the 15 girls fro® 
Tana to Page 15, Column 1

•  “ TH

—  PLAINTIFF'S

I t
e x h i b i t  A / O



lu g u st 12, 1969 VO 1107
SOI Maole Drive 
Talladega, Alabama

Da. hi. U. E l l io t t ,  PatA-ule.nl 
Alabama I n s t i tu te  fca V taa S Blind 
P. 0. box 268 
Talladega, Alabama 35160

Dear Da. E l l io t t :

R ecen tly  you requested me Co g ive you mu estim a te  of U/u. Maude H ill  as a 
kerne economicA teach er. Frankly, Ahe fa ile d  to  caaau out a proqram in  
vo ca tio n a l education th a t could be conAideaed s a t i s f a c to r y .

On Aeveaal cccaAionA I ta lk ed  uuth the su p erv iso ry  s ta f f  in  vo ca tion a l 
home economics in  vo ca tio n a l education and requ ested  th a t  then help hea.
On th e laA t v iA i t  the SupeaviAoa o  ̂ thiA aaea baought w ith  hta Mrs. B e tty  
Turner, S pecia l SupeaviAoa. Miss Coe, Aaea Supervisor, met w ith  me and 
Mr, Strong and Mrs. Tuanea. Mrs. Tuanea to ld  ua a t  th a t time th a t Ahe 
could not help Uoa. H ill, we inAlAted however th a t  Ahe weak uiith hea th a t  
day to  Aee if Ahe could not g e t hea to  fo llo w  a nlan oa o u tlin ed  fo r a 
home economicA departm ent. Mrs. Tuanea d id  v iA i t  uiith hea but A tated in  
the outAet th a t Ahe was not ab le  to  t e l l  Mrs. H ill  anything oa to  g e t hea 
to  caaay out any program becauAe Ma a . H ill appeaaed to  <e e l th a t Ahe was 
alaeady doing a good job and Apent hea tim e juA tidying tier program. In 
thiA connection, 1 fe e l th a t  even though theae Ia no aeccad of AupeaviAoay 
visits xn Mrs. H i l l ' s  fo ldea  a t  the I n s t i tu te ,  you could g e t a re p o r t of 
viAitA made from, VU44 Coe.

I am sure th ey  mould t e l l  you oa I am th a t i t  I a oua fe e lin g  th a t Mas. H ilt  
Mia not q u a lif ie d  oa a teachea of vo ca tio n a l home economics. Even though 
the department in  which she twaked d id  not have the veau b e s t equipment, the
p h ysica l f a c i l i t i e s  as a s ta te  paogaam was such th a t i t  could be appaoved by
the S ta te  Vepaatment as meeting minimum standards; b u t Mas. Hill sim ply  
could n et caaay out the program as recommended.

In my opim on I f ee l  th a t she d id  an accep tab le  job in  working w ith  stu den ts  
in  th e ir  a c t i v i t y  programs. She seemed to be -more in te r e s te d  in  ex tra
cu rricu la  a c t i v i t i e s  o^ the g i r l s  and boys in' the school than in  her teaching
job.  Her probiem was d iscu ssed  by me w ith  Mr. Strong on se v e ra l occasions 
and, as A tated above, we d id  seek help from the su p erv iso ry  staff,  In the  
S ta te  Department of Education but i t  appeared th a t  th ey  weae unable to  do 
aw th in g  to  g e t hex to  accep t a program th a t would meet a standard in home 
economics.

- 2 7 1,



2

I-t would appear, ^fum Mm , H i l l ' a c o lle g e  aecoAdi th a t &he n ig h t be mo\e
MUtable. to  be coyuu.deA.ed In an oaea In AocUal i tu d le i  l& th e  I a a t  a l l  
q u a lif ie d  ^cn a teaching job . I tAuAt th U  I a th e  in h u m ation  de&iAed.

SlnceAelu,



’

be

m  to  I K t y i  I .

DEPARTMENT OF EDUCATION 
Montgomery 4

“**•

i 4 *
REPORT OF SUPERVISORY Y01Tt *•' •

School Ml ah—s School for R t f

VOCATIONAL DIVISION
7  r

f r o m
Dnto of V is it  Oct. 18, 1967 To

AaAjpje. S u p e rv iso r *  •  B it ty  On

C l a i  m  s V i s i t e d  a n d  O t h e r  P a r t i c i p a t i o n  

Conference w ith  teacher

C o n s i d e r a t i o n  G i v e n  t o  t h e  F o l l o w i n g

(x ) C la ss  Instru ction
(x ) FRA .....M R
tr ) H om e E x p er ien ces  
( ) H om e V is its  
( ) Adult Work

( z ) D epartm ental Im provem en ts ( ) E valuation  
(x ) In stru ction al M ateria ls  (x ) P u b lic  R ela tion s
( ) R ecord s and R eports (x )  P r o fe s s io n a l Growth
(x ) D epartm ental M anagem ent ( ) Other 
(z )  F ilin g

P l a n s  A g r e e d  U p o n :  ( x ) Sum m ary Made During V is it
( ) Sum m ary Made F ollow ing  V is it

C lass In stru ction  -  Study and use the S ta te  Course o f  Study as a guide in  p lo w in g  m i t e  
o f  in s tr u c tio n , keeping in  mind the, needs , in t e r e s t s  «*d a b i l i t i e s  o f  p o p lls .
m
. Work toward e sta b lish in g  an IRR Chapter.
. Study m a ter ia ls  and inform ation sent from D is tr ic t  IWL O ffice , M ontevallo. (Rlssr Coe 

w i l l  send)
. In terpret to  pu p ils the r e la t io n sh ip  o f FHA to  the Home Economics Program. ( I t  i s  u- 

in te g r a l part)

Supervised Experiences
. Study forms and make a plan for including th is  as an in teg r a l part o f  the  

program.
. Study the Pupil Data Foma and make a plan for securing the inform ation from the  

p u p ils .
. Use the inform ation secured from Pupil Data forms in  planning for  u n its  o f  ln s tr u o tio u .
Departmental Improvements
. Clean ou tsid e  and in s id e  o f a l l  ca b in ets .
. Clean storage cabinet and arrange for  to te  tray  (p la s t ic  d ish  pans) storage.
. Arrange equipment in each u n it kitchen according to  as organised p lan .
. Plan w ith  the P rin cip al for  the repair o f leak in g p ip es in  the u n it k itch en s mad fo r  

rep a irin g  or rep lacing the dishwasher.
. Use the Inventory-Evaluation form in  determ ining seed s In th e  department.
. (Ring as s  guide, the Iqelpaamt and Furnishings M d i ,  provide seeded small 

as funds are a v a ila b le .

(See s ttso h sd )

- X " ]  g ~ n



•  2 •

D e p a r t m e n t
The department m i  vsxy d ir ty , d isorgan ised  and d u ll in  
i e  a v a ila b le  fo r  department a l  use except for 4 ranges a  
baiag taught In one n t m  a t p r e ee s t . An ad d ition a l roa
as a c lo th in g  laboratory.

Very 
I a r e fr ig era to r , la provided that

l i t t l e  a * . mxl 
A ll t t l t t  

w i l l  h i  deve^effeu

Teacher

00 th* _ ^ fe n - lv * at th# A n n i n a  o f the v i s i t ,  bet b efore the oooolui or 
1° h* “° 8t r#c*Pt i v « to  su ggestion s. She eeeaed apprehensive" 

in  regard to  the r e u o m  for our v i s i t ,  but once she r e a lise d  that me mere t W - T !  
plane for  strengthening the prograa she N e e d  p leased  "  t W * t0  * * *

P r o g r a m

o v e ra ll prograa i s  e x tra se ly  poor. I t  i s  obvious that very l i t t l e  teaching 4 .  
done. No in s tr u c tio n a l m ater ia ls  are a v a ila b le . The book S t Z m  In 
ocemended from the S ta ts  Adopted Textbook l i s t .  S w e a t  io i^ ~ S r e

o ' ’■ «  ta t  t a .  not I m .  « d .
mere mads for  studying and u * a g  the Course o f Study.

Various- asp ects  o f the prograa were in terpreted- te -th e  *-Tnrhtr —
f  <7uallty P f • M aterials for use in e sta b lish in g  ** m  Chapter m ill  he

i i l l hL  Z ^ * r * 0th *r “ t *r la I * a v a ila b le  in  r e la t io n  to  various asp ects o f the  
m ill  bs sen t such as a l l  report /o jp p , Equipment 9ui<fe w d  F ilin g  Quids.

. fcJ T 1

C o n f e r e n c e  Wi t h  P r i n c i p a l  a n d / o r  S up  s  r i u  t s  n d  s  n t . T h e  
most concerned mith the poor to ta lity  o f the p rcg ro i. Bs f e e l s  th a t m a m

what i e  weeded fo r  abe mede in the f a c i l i t i e s ,  
program.

He asked th at me
P r i n o l p a l  i s M

1Hk
*

The teacher and the School Presldamt to  have * isu n d ersta m d in g e .

-2.79'



Teacher Krn. Maude Hill School Alabama School for Deaf_____ County T.- _>

Date of Visit October 18. 1967___________  Supervisors Betty Coe and Bettye 3. : ^

PLANS AGREED UPON (continued)

Departmental Improvement■ (continued)

. As funds are available, provide searing machines.

Recommendations are made for _4 Touch and Sear Model 609, JL 626 Slant Needle Chain 
Stitch and the replacement of 1 machine head for a 609 head.

Instructional Materials
. As funds are available, add instructional materials in relation to concepts in the 

Course of Study.
. Provide copies of Steps In Heme Living to be used as a Textbook. (State Adopted 

Textbook List)
. Make teaching materials following suggestions mode such as flash cards, newapapei 

and magazine .pictures and inexpensive books.
. Develop bulletin boards in relation to class instruction using the talent of 

pupils in class.

Filing
, When funds are available, provide a filing cabinet.
. Study filing guide for suggestions for setting up a system of filing. (Miss Coe 

will send a copy of Guide)

Departmental Management - Develop a plan for keeping the department clean, organized 
and attractive in appearance. (Develop a chart or some device for rotating the re» 
sponsibilities of the pupils.)

-2 i o



Alabama Inatitutr for flraf anb Sltnb
OCallairga. Alabama 351 BO 

July 31, 1969

C /*? C v ■ y  y  a
liilUDAi-’T* S' EXHIBIT #

Dr. W. W. Elliott, President 
Alabama Institute for Deaf and Blind
Box 268
Talladega, Alabama 35160

Dear Dr. Elliott:

On May 29, 1969, I sent you a copy of the letter I had written 
to Mrs. Maude Hill, Home Economics Teacher. This letter noti­
fied her that she would not be employed as a Home Economics 
Teacher for the 1969-70 school tern because this department 
was being abolished at the Fort Lashley School.

This is to further advise that I have found Mrs. Hill to rate 
low in the following areas: general appearance, initiative, 
ability to get along with people, cooperation, scholarship, 
use of English, knowledge of subject matter, preparation of 
daily work, and classroom management.

Sincerely yours,

ECSjr/lc

-279'



U NI VE RSI TY OF A L A B A M A
C O L L E G E  O F  A R T S  A N D  S C I E N C E S  

U N I V E R S I T Y  A L A B A M A  3 5 4 8 6 me 5
D E P A R T M E N T  O F  S P E E C H  

P . O .  B O X  N O .  1965

J u l y  30 ,  1969

D r .  W. W. E l l i o t t ,  P r e s .
Alabama I n s t i t u t e  f o r  De af  and  B l i n d  
T a l l a d e g a ,  Alabama 35160

D e a r  Dr . E l l i o t t :

T h i s  l e t t e r  i s  t o  f o l l o w - u p  o u r  t e l e p h o n e  c o n v e r s a t i o n  o f  l a s t  F r i d a y  i n  
r e g a r d  t o  Mrs .  H i l l ' s  s t a t u s  h e r e  a t  t h e  U n i v e r s i t y .  She was a d m i t t e d  as  
an  I r r e g u l a r  P o s t  G r a d u a t e  upon h e r  f i r s t  e n t r a n c e  d u r i n g  t h e  1967 Summer 
S e s s i o n .  T h i s  i m p l i e s  t h a t  s h e  e i t h e r  1) d i d  n o t  a p p l y  f o r  G r a d u a t e  S c h o o l ,  
o r  2) was  n o t  a d m i t t e d  a s  a g r a d u a t e  s t u d e n t .  I  am i n f o r m e d  t h a t  s h e  e n ­
r o l l e d  t h r o u g h  t h e  C o l l e g e  o f  E d u c a t i o n ,  b u t  h a v e  n o t  b e e n  a b l e  t o  d e t e r m i n e  
w h i c h  d e p a r t m e n t .

Mrs .  H i l l  h a s  a p p l i e d  f o r ,  and  b e e n  a w a r d e d ,  t r a i n e e s h i p s  i n  e a c h  o f  o u r  
S p e c i a l  S tu d y  I n s t i t u t e  f o r  T e a c h e r s  o f  t h e  D e a f .  T h es e  w e r e  d u r i n g  t h e  
summer t e r m s  o f  1967, 1968,  and  1969.  C r i t e r i a  f o r  a w a r d i n g  t h e s e  t r a i n e e -  
s h i p s  a r e  1 . )  e x p e r i e n c e  i n  t e a c h i n g  t h e  d e a f ,  2 . )  u n d e r  c o n t r a c t  t o  do so  
f o r  t h e  e n s u i n g  a c a d e m i c  y e a r ,  3 . )  a c a d e m i c  s u c c e s s ,  4 . )  r e c o m m e n d a t i o n s .

Our  r e c o r d s  show t h a t  Mrs .  H i l l  h a s  s u c c e s s f u l l y  c o m p l e t e d  18 s e m e s t e r  h o u r s  
o f  a c a d e m i c  work i n  e d u c a t i o n  o f  t h e  d e a f .  I n  f a c t ,  s h e  h a s  a t t a i n e d  a s t r a i g h t  
C r e c o r d .  T h i s  w o u ld  i n d i c a t e  t h a t  s h e  h a s  n o t  shown s t r e n g t h  a c a d e m i c a l l y  n o r  
i n  t h e  t e a c h i n g  p r a c t i c u m  w h i c h  h a s  b e e n  a p a r t  o f  t h e s e  I n s t i t u t e s .  A g r a d e  
a v e r a g e  o f  C w i l l  a l l o w  h e r  t o  c o n t i n u e  i n  a t t e n d a n c e  a t  t h e  U n i v e r s i t y .  How­
e v e r ,  on t h e  b a s i s  o f  t h i s  w o r k ,  s h e  w ou ld  n o t  b e  c o n s i d e r e d  f o r  a d m i s s i o n  t o  
t h e  G r a d u a t e  S c h o o l .  In  a d d i t i o n ,  s t u d e n t s  who f a l l  b e l o w  a  B a v e r a g e  i n  t h e i r  
d e a f  e d u c a t i o n  c o n t e n t  and p r a c t i c u m  c o u r s e s  a r e  n o r m a l l v  d i s c o u r a g e d  by o u r  
s t a f f  f rom  t e a c h i n g  i n  t h e  f i e l d .  No f u l l  t i m e  s t u d e n t  p u r s u i n g  a d e g r e e  i n  
t h i s  f i e l d  i s  recommended f o r  a t e a c h i n g  p o s i t i o n  w i t h o u t  a t  l e a s t  a  B a v e r a g e .

F o r  s o  l o n g  a s  t e a c h e r s  l i k e  Mrs .  H i l l  a r e  u n d e r  c o n t r a c t  t o  t e a c h  t h e  d e a f ,  
we w i l l  s t r i v e  t o  p r o v i d e  w h a t e v e r  t r a i n i n g  we can f o r  them .  Ho we ver ,  I  p e r s o n ­
a l l y  w o u ld  n o t  recommend a  t e a c h e r  whose  d e m o n s t r a t e d  p e r f o r m a n c e  i s  no b e t t e r  
t h a n  C i n  h e r  a r e a  o f  s p e c i a l i z a t i o n .

M rs .  Ru th  W a lk e r  h a s  h a d  M rs .  H i l l  i n  c l a s s  d u r i n g  e a c h  o f  t h e  summer s e s s i o n s .  
She r e p o r t s  some s t r e n g t h  w i t h i n  t h e  a r e a  o f  home e c o n o m i c s ,  b u t  a  g e n e r a l  
w e a k n e s s  i n  o t h e r  a r e a s .  We w o u ld  h a v e  d i f f i c u l t y  v i s u a l i z i n g  M rs .  H i l l  i n  an  
a c a d e m i c  c l a s s r o o m  s i t u a t i o n .

I  t r u s t  t h a t  t h i s  i n f o r m a t i o n  w i l l  be  o f  some h e l p  t o  y o u .  I  am s o r r y  t h a t  t h e

- Z % o



- 2 -

U n i v e r i s t y  r e c o r d s  o f f i c e  w i l l  n o t  f o r w a r d  a  t r a n s c r i p t  a t  my r e q u e s  
Ho we ver ,  i f  yo u  w i s h  t o  a s k  me any  o t h e r  s p e c i f i c  q u e s t i o n s ,  I s h a l l  
p l e a s e d  t o  r e s p o n d  a s  a c c u r a t e l y  and h o n e s t l y  a s  I  am a b l e .

S i n c e r e l y ,

R o n a l d  E v e l s i z e r ,  Ed.D.
C o o r d i n a t o r ,  P r o g r a m s  f o r  T e a c h e r  o f  t h e  Deaf  
SPEECH AND HEARING CENTER

c c :  Mrs .  W a lk e r

R E : s j  1



CHRISTINE ARCHIE, by her 
mother and ne::t friend, 
MRS. ADA ARCHIE:MARY VALEi'iTIlJE, a minor, by her 
mother and no::t friend, 
MRS. ANNIE VALENTINE: and 
BEHITA ADAMS, by her legal 
guardian, MRS. CATHERINE 
GROOM and MRS. MAUDE V. 
KILL,

Plaintiff-Intcrvenor
V3.
TIIE ALABAMA INSTITUTE FOR TI1E DEAF AND BLIND; Mr. E. II. 
Gentry, The President of the 
Institute; THE BOARD OF 
TRUSTEES OF TIIE ALABAMA 
INSTITUTE FOR THE DEAF AND BLIND; Mr. Ernest Stronr, 
Principal, ALABAMA STATE 
SCHOOL FOR THE DEAF; Mr. Carl 
Monroe, Principal, ALABAMA 
STATE SCHOOL FOR THE BLIND; 
Mrs. Catherine Risen, Prin­
cipal, ALABAMA SCHOOL FOR THE DEAF and Mr. B.Q. Scruggs, 
Principal, Alabama School for 
the Blind; The Department 
of ADULT SERVICES' FOR THE 
DEAF AND BLIND and its 
President, Mr. George McFadden 
and KELLER SCHOOL for tho 
DEAF AND BLIND, Mrs. Mary 
Snell, Principal.

Defendants.

))))))))))))))))))))))•)))))))))))))))))

CIVIL ACTION NO. 67-440

FILED IN CLERK’S OFFICE
NORTHERN DISTRICT OF ALABAMA

DEC 6 19/1
WILLIAM E. DAVIS 

CLERK, U S. DISTRICT COURT

T t

•//.
UTT CLERK

NOTICE OF APPEAL

Notice is hereby given that the plair.tiff-intervenor, 
Maude V. Hill, hereby appeal to tho United States Court of Appeals 
for the Fifth Circuit from an order of the United States District 
Court, November 15, 1971, entered by the United States District 
Court for the Northern District of Alabama denying plaintiff- 
intervenor the relief she sought, and filed on November 15, 1971.

DEMETRIUS C. KENTON 
408 North 17th Street 
Birmingham, Alabama 35203
JACK GREENBERG SYLVIA DRE17 
10 Columbus Circle 
New York, Nov/ Yorh 10019

Attorneys for Plsrintiff-Intervenor

'28/'
ii



C)T-VfTFJ: C-.TB OF SERVICE

This is to certify that on this (o day of — -Cs~y ^1971,
I mailed a copy of the foregoing Notice of Appeal to Barry McCrary, 
Esq., 223 V.'oat North Street, Talladega, Alabama, attorney for 
defendants, via United States Mail, postage pro—naid.

DEMETRIUS C. NE^rTON