Everett v. US Sugar Corporation Transcript 1

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Impact area
- Economic Justice
Topic
- Economic Justice
Matter
- Everett v. U. S. Sugar Corporation
Case
- Everett v. U. S. Sugar Corporation
U.S. state
- Florida
Collection
- Brief Collection
Taxonomy
Identifier
- fcbc1248-b19a-ee11-be36-6045bdeb8873
Cite this item

Brief Collection, LDF Court Filings. Everett v. US Sugar Corporation Transcript 1, 1972. fcbc1248-b19a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/65ceacfe-4ecc-4b18-87f7-2bf98096bce5/everett-v-us-sugar-corporation-transcript-1. Accessed July 04, 2025.

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    IN THE DISTRICT COURT OF THE UNITED STATES 
FOR THE SOUTHERN DISTRICT OF FLORIDA

No. 71-610-Civ~CF

BUSTER EVERETT, et al.,
Plaintiffs,

V 3  ,

U. S. SUGAR CORPORATION,
Defendant.

x

East Courtroom
U. S. Post Office Building
Miamif Florida
Monday, 10:00 a.m .June 5, 1972

The above-entitled case came on for trial 
before The Honorable CHARLES B. FULTON, Chief Judge, 
United States District Court, pursuant to notice,

APPEARANCES:
JAMES B. SANDERLIN, ESQ.;
ENRIQUE ESCARRAZ III, ESQ.?
WILLIAM L. ROBINSON, ESQ.,
On behalf of the Plaintiffs.
FISHER 4 PHILLIPS, by
CHARLES KELSO, ESQ., and
DONALD B. HARDEN, ESQ., of counsel,
On behalf of the Defendant.

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I N D E X

WITNESSES DIRECT CROSS REDIRECT

John French 21 64
* J

75<
James Franklin 82 125 131
James Earl Baxter 133 160 ~~
Dennis George Smith 172 190 --
Bartley Gray 194 210 --
Samuel Johnson 226 — --
Farnoy Franklin 236 • ■ 246 --
Leon Mason 249 262 —

Buster Everett 277 2 87 —

Clinton Moore 289 ~~
George Yon 302 --
Fred C. Sikes 348 -- --
Cluie Hancock 410 416
Isaac Johnson 418 421
Henson Bain 425 428 432
Nina Stanford 434 439 --
Fred C. Sikes 445 505 509
George Yon 510 -- --
Willie Green, Jr, (rebuttal) 535 542 564

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I N D E X  (Continued)

EXHIBITS
PLAINTIFFS' IN EVIDENCE
NO. 1 224

2 2 24
3 376
1-A 386
1-B 388
1-C 390
4<

405

5 409
1-D 509
1-E; 1-F; 1-G; 1-H 566
1-1? 1-J 56 7
1-X? 1“L; 1-M; 1-N; 1-0 56 8
1-P; 1-Q; 1-R; 1-S 569

DEFENDANT'S
NO. 1 457

2 457

3 4 5 8 • v
4 459

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THE COURT: I ceill for trial the case

of Duster Everett, et nl., versus U. S. Sugar Corpo
ration.

I3 the plaintiff ready?
MR. SANDERLIN: The plaintiff is ready,

Your Honor.

ready.

THE COURT: Is the defense ready?
MR. KELSO: Yes, Your Honor, we are

THE COURT: Gentlemen, at our previous
hearing the Court indicated that an effort to further 
pretry this cause might be made today. Unless one of 
you feel that a further pretrial is necessary, we will 
dispense with it. The Court will, however, request 
an opening statement from the. plaintiff and from the

idefense.
Those opening statements can pretty 

much serve the function of a further pretrial, I 
believe.

Counsel for the plaintiffs, announce
your presence, please.

MR. SANDERLIN: James Sanderlin, Your
Honor, St. Petersburg, Florida, here for the. plaintiff,

MR. ESCARRAZ: Enrique Escarraz III,
(

• 1 St. Petersburg, Florida, for the plaintiffs.

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-

5

(■j*

MR. ROBINSON: William L. Robinson of
Mow York City, for the plaintiffs.

THE COURT: Counsel for the defense?
MR. KELSO: Charles Kelso and Donald B.

Harden of the firm of Fisher and Phillips \k t Atlanta, 
for the defendant, U. S. Sugar Corporation.

THE COURT: Mr. Harden-~
MR. HARDEN: Yes, Your Honor.
THE COURT: How do you spell your name?
MR. HARDEN: H-a-r-d-e~n.
THE COURT: Thank you.
The Court has not had an opportunity 

to even look at those depositions that have recently 
been filed. I think that they were filed Friday 
afternoon. Therefore, it will be necessary to deal 
with them as we come to them.

Counsel for the plaintiffs, do you 
care to make an opening statement to briefly state 
what it is that you intend to prove and how you 
intend to prove it?

MR. SANDERLIN: Yes, Your Honor.
THE COURT: You may proceed.
MR. SANDERLIN: Thank you.
THE COURT: Yes, sir.
MR. SANDERLIN: Do you normally have

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this podium here (indicating) during trial or can wo 
move this over to tho side?

THE COURT: You may place it anywhere
that you. want to, whatever is convenient.

MR. SANDERLIN: Your Honor, the plain
tiffs, Buster Everett, Leon Mason, and Clinton Moore, 
have brought this suit on behalf of themselves and 
other black employees, former employees of the U. S. 
Sugar Corporation, and prospective employees, on the 
grounds that there have been a series of racial 
discriminatory acts against them and others at U. S. 
Sugar Corporation.

THE COURT: Now, let’s stop right
there. The Court has already ruled and it is the 
rule of law in this case that this is not proceeding 
as a class action, but only as an action for the 
three employees who are named as plaintiffs in the 
cause.

You are familiar with that ruling, are
you not?

MR. SANDERLIN; Yes, Your Honor.
THE COURT: So your evidence will not

go to those aspects of the case that seek relief for 
a class but only for these three employees who are
before the Court. Do we understand <*ach other?

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MR. SANDERLIN: Yes, Your Honor,
except that we don't want--we are not taking a 
restricted viow that the evidence that v/e consider 
probative would be necessary to the proof of our case.

THE COURT: This i3 not a ruling that
restricts in any way at this tine the scope of the 
evidence. It is simply a statement or a restatement 
of a ruling of the Court that this cause is proceed
ing in this court today as a cause in behalf of these 
three plaintiffs, without the cla-ss-action aspect 
which it originally had. So, as long as we under- 
stand each other on that, you may proceed.

MR. SANDERLIN: Thank you.
The plaintiffs were employees--
TIIE COURT: Now, perhaps v/e ought to

direct our attention to that aspect again, that 
ruling.

Do you have the Complaint in front of 
you or a copy of it?

MR. SANDERLIN: Yes, I do, Your Honor.
THE COURT: Directing your attention

to Paragraph 4 thereof, it is there alleged that 
these three plaintiffs have been discriminated 
against because of their color, by being paid lower 
wages for doing the same work as white employees; and

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that there is with respect to these people and others 
plant-wide discrimination based on race, with respect 
to the facilities of the plant, including rest rooms, 
health and eating facilities, and so forth.

And then it is complainsd--v3:ien each 
of these plaintiffs complain that he has been 
discriminatorily dismissed or discharged on or about 
October 31, 1968, because he complained about race 
discrimination which involved him.

At this juncture the Complaint con
tinues to complain about the denial of these 
plaintiffs of membership in this union, but that 
aspect of the case has been eliminated by stipulation 
of counsel.

So, we won't get into that at all in 
the trial of this case. When X say "that," I mean 
the alleged denial of membership of these people in 
that union; that has been eliminated by stipulation 
of counsel.

Counsel, the scope of the evidence in 
this case is, accordingly, limited by these claims 
that are set forth in this complaint that have just 
been alluded to.

It is your purpose to prove these 
allegations by the use of live witnesses- an I

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correct?

Honor«
MR. SANDERLIN: Yes, we do, Your

THE COURT: How many witnessed do you
have present? *

MR.' SANDERLIN: Nine, perhaps ten.
THE COURT: How long do you believe

will be necessary to adduce your proof on direct 
examination?

MR. SANDERLIN: V7e estimate a day and
a half.

THE COURT: What problems will we
encounter in the trial of this case--when I say 
"problems," I mean evidentiary problems. 7ire you 
aware of any special evidentiary matters that will 
present a special problem in the trial of the case?

KR. SANDERLIN: Not from any evidence
that we would v;ant to offer.

THE COURT: Well, does what we said
here today, this colloquy between you and me— does it 
pretty much bring into view the evidence that you 
intend to adduce, the number of witnesses that you 
intend to use, and the time that will be required 
for that presentation?

MR. SANDERLIN: Yes. Yes, vo intend

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to show a pattern of discrimination that resulted in 
lower pay for black employees, for the denial of 
promotions, the denial of the protection of--that the 
average employee would have in the company, and the 
denial of the freedom of use of the facilities.

THE COURT: The thrust of your
complaint and I presume your proof with respect to 
these three plaintiffs is that they have been 
discriminated against in this plant in a variety of 
ways because of their color, and if when they 
protested this discrimination they were fired--and 
you seek their reinstatement and back pay, and also 
the elimination by an injunction or otherwise the 
practices that they complain of, if your proof sub
stantiates the claim; is that correct?

MR. SANDERLIN: Yes, sir.
THE COURT: And that pretty well sums

it up?
MR. SANDERLIN: Yes, sir.
THE COURT: Let me hear from the other

side, Counsel for the defense.
\  ' „

MR. KELSO: Your Honor, our case will
primarily be rebuttal.

I would like at this time, if the
Court will permit, to amend the answer to the, ,•

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pleading, specifically the statute of limitations;, 
since this case is not, covered by the Civil Rights 
Act of 1964 but is covered— ic brought solely under 
the 42 U.S.C., Section 1981— state statutes of limi
tations then come into play, and the statute of 
limitation in Florida, Statute 9511, sub 5(a), three 
years for an action brought upon a liability created 
by the statute and sub 5(e), an action on a contract 
not in writing, three-year statute, and Florida 
Statutes, Section 9511, sub 7(b), which is the one- 
year statute for recovery of overtime and back wages; 
and under the law in respect to the claiming of wages 
and ovortime—

THE COURT: Just one moment.
Well, this Complaint charges viola

tions of--charges discrimination by reason of race, 
in violation of Section 7, Article 7--Title 7, I 
mean, of the Civil Rights Act of 1964, does it not; 
and in addition it complains that rights have been 
violated under Section 1981 of Title 42.

MR. KELSO: But the Court dismissed
the original complaint brought under Title 7 of the 
Civil Rights Act of 1964 as untimely, and the case 
proceeded solely under the 42 U.S.C., Section 1981, . 
because a time limitation in Title 7 had not been

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met
THE COURT: Do you have the Amended

Complaint in front of you?
MR. KELSO: Yes, sir, I do.
TIIE COURT: Take a look at it.
MR. KELSO: I know the language—
TIIE COURT: Paragraphs 1 and 2 are

there, and look at--
MR. KELSO: V’e noticed that in our

|

answer to the amended - complaint v/e moved to strike 
the continued citations or references to the Civil 
Rights Act.

THE COURT: Now, don't you think that
this is a little late to come in here and to inter
ject this kind of a very consequential problem in

jthe trial of the case? Do you think that this is 
something-that you, as a lawyer representing the 
defendant, should have made real clear to the Court 
before this instance--I do. I will answer it for 
you. I do.

If you are relying on a statute of 
limitations and you did not include that in your 
answer to this amended complaint, and you come hero 
at this tine, when the case is called for trial and
is in trial, and vou seek to defend on that basis,

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I would say that you either have neglected to prepare 
your defense like you should have or else you have 
delayed this notion to this moraont for a tactical 
advantage.

MR. KELSO: Your Honor, I didn’t think
that the notion ctt this point will make any differ
ence in the evidence, as far as I know, the evidence 
which exists at this tine.

Vie have called the Court’s attention 
to the fact that even after the case was dismissed, 
just like we had here on the class-action aspect-- 
we have exactly the same thing.

Even after the ease was dismissed on 
Title 7, and the plaintiff was given twenty days to 
file a new complaint under Section 1981--when the new
complaint came back in, it was back in under Title

' THE COURT: Bid you move to dismiss
it?

MR. KELSO: We moved to strike and
went ahead and answered the complaint.

THE COURT: Was the motion to strike
ruled upon?

MR. KELSO: No, it has not, sir.
THE COURT: It is carried with the

case,
;

then.

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1

MR. KELSO: Yes,
THE COURT: Your notion for leave to

amend your answer to allege the statute of limitations 
is granted in the sense that, if it will change or 
alter the proof of the case or the evidence to dis
prove the case as offered by the defendant--that 
evidence will be received? but at this moment I am 
unprepared to rule one way or the other that this 
cause is not proceeding both as a complaint under 
Title 7 of the 1964 Civil Rights Act and also as an 
invasion or violation of a right as assured to the 
plaintiff under Section 1981 of the Civil Rights Act; 
so we will proceed on that basis.

i don’t know exactly what rulings I 
have made heretofore. I am surprised to find at this

j  Ilate date that the motion to strike is pending, that 
it has not been called to the attention of the Court 
for a ruling at one of these pretrial conferences.

MR. KELSO: I believe I did--I
attempted to do that at one time earlier and again I
will have to say candidly to the Court that it is

\ Nnew law, that Section 1981 applies to private 
actions; this was as a result of a 19/0 decision of 
the Fifth Circuit. So, frankly, I don’t know of any 
cases, Civil Rights cases, of this nature that ha

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proceeded under 1901. I will be frank with the Court 
— I don't know how it differs from the Title 7 case.

THE COURT: What was the ground or
were the grounds for your motion to dismiss some of 
this action as seeks to proceed under Title\ 7 of the
1964 Civil Rights Act?

HR. KELSO: Your Honor,, Title 7
requires that the complaint be filed within thirty 
days after the Equal Employment Opportunity Commission 
issues its letter. The complaint was not filed 
within thirty days and the Court issued a written

«c

order which explained-**vhich dismissed the original 
complaint.

The order itself did touch on the fact 
that 1981 does not contain a similar limitation 
period and permitted the plaintiff to amend, which he 
did, but in his amended complaint it comes right back 
with the Title 7 allegations on which it had been 
dismissed twenty days earlier.

THE COURT: Since that time has the
Fifth Circuit handed down an opinion which seems to 
say that the purpose of filing the complaint for 
discriminatory discharge or discrimination in the 
hiring of someone else-~does not preclude the filing 
and prosecution of a lawsuit because the onrpose of

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____________________________ lilI
filing the complaint is simply to give the Commission 
or. opportunity to attempt conciliation? Are you
familiar with that case?

Have you briefed it and do you know
the case that I am making reference to? *

MR. KELSO: Your Honor, I am familiar
with the cases which say that a private plaintiff 
can file a complaint with the Equal Employment 
Opportunity Commission. The wait at that time was 
only sixty days.

THE COURT: It is ninety days now—
what is the limitation period now?

MR. KELSO: I think that since March
of this year it is 180 days before he can— he must 
wait before he can bring suit; but there are numerous 
decisions which say he can, once he gets thi3 letter, 
even though the EEOC has done nothing--that he can go 
ahead and proceed into court, and the EEOC can then 
either do nothing or go ahead and attempt conciliation 
with the lawsuit pending, but the two are separate 
proceedings.

I don’t believe that that applies here.
He got his thirty-day letter and then did not bring 
his suit within the thirty days, and so —

THE COURT: -V7hen you say ; ■> . " whom

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are you making reference to?
MR. KELSO: To the plaintiffs.
THE COURT: All three?
MR. KELSO: Yes. It was one complaint

filed on behalf of all three. That complaint was not
within the time. Again, Your Honor--*

THE COURT: Well, let me proceed now
to try this case as though it were predicated upon 
and seeking protection under and redress under both 
the 1964 Civil Rights Act and Title 7, and 1981; and
v?hen all the evidence is in, we will take a look at*
the rulings that have been made or have not been made, 
and at that time appropriate motions may be filed and 
considered.

However, I do not intend to and will
2

not limit the scope of evidence today in a way to-- 
perhaps which would result, perhaps, in a retrial of 
this case.

I would rather try it broadly and then 
limit the application of the proof later, if that is 
indicated.

MR. KELSO: That is perfectly agreeable
with me because--

THE COURT: However, I don't intend to
suggest by this that I intend to reconvert this to

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I

class action because I dc not intend to do that.
I am trying this case on the basi.3 of 

the claims, the evidence that supports the claims of 
these three plaintiffs that they have been discrimi
nated against because of their race, and that v/hen 
they complained about it, they were fired, and that 
they are now entitled to reinstatement and back pay 
for themselves? and, of course, there will be an 
incidental benefit to any other person who was 
similarly situated, injunctive relief against those 
practices, if they are shown to exist, yes.

MR. KELSO: May I read Section 1981?
It is fairly short. I think that that is the juris
diction basis.

THE COURT: I have just about committed
it to memory, but you may read it. All right.

MR. KELSO: "All persons within the
jurisdiction of the United States shall have the same 
right in every State and Territory to make and 
enforce contracts, to sue, be parties, give evidence, 
and to the full and equal benefit of ail laws and 
proceedings for the security of persons and property 
as is enjoyed by white citizens, and shall be subject 
to like punishment, pains, penalties, taxes, licenses, 
and exactions of every kind, and to no ocher,"

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Your Honor, our evidence will bo 
primarily rebuttal in that people received the same 
wagos as whito persons doing similar work, that their 
termination resulted from a walkout for refusal to 
perform work unless they were immediately paid more 
money, and that they have had unlimited use of the 
facilities-~health, eating, and so forth-~at least 
since 1965, when the Civil Rights came into--

THE COURT: All right, sir.
Counsel for the plaintiff, will you

have documentary evidence of any volume?€
MR. SANDERLIN: Yes, we will, Your

Honor.
' THE COURT: Will you please offer that

first and let my Clerk mark it here so that 1 won't
j

have to keep her sitting here all through the trial?
MR. SANDERLIN: All right, Your Honor.
THE COURT: Does that bother you by

interrupting your sequence?
MR. SANDERLIH: No, Your Honor. We

have, perhaps, contemplated that. We have subpoenaed 
the employment records of the--

THE COURT: Of the three employees
involved?

MR. SANDERLIN: No, actually the

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20

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employees of the Drainage Department for the years
1970 and--no, 1968 and 1972.

I believe that the vice president of 
the corporation, Mr. Fred Sikes, has those recorcs.

MR. KELSO: They are in the .tear right
now and we would have to send for them.

THE COURT: Would you need that in the
early part of your presentation?

MR. SANDERLIN: No, Your Honor.
THE COURT: We will defer on that item

until that time cones. Do you have other documentary
items?

MR. SANDERLIN: That’s all we have at
this time, Your Honor.

THE COURT: I will excuse my Clerk now,
There is no reason for her to remain.

When I need you, I will call you back
in.

THE CLERK: Thank you, Your Honor.
THE COURT: All right. Call your first,

witness, please, sir.
MR. SANDERLIN: Yes, sir. We would

like to call John French.

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THEREUPON—
JOHN FRENCH

was called as a witness by the Plaintiffs and, having 
been first duly sworn, was examined and testified as

■ ifollows s
THE COURT: State your name and-- 
THE WITNESS: My name is—
THE COURT: State your name and

address, please.
THE WITNESS: My name is John French.

I live in Harlem, which is Clewiston, Florida.
That's what they call it, Harlem, where we stay down
there. My box number is 118A.

% THE COURT: Nov;, if you will, sir,
just speak right into that microphone or that mouth 
piece in front of you and we will all hear you.

THE WITNESS: Yes, sir.
THE COURT: You may proceed. 

DIRECT EXAMINATION
BY MR. SANDERLIN:

\  ' v
Q. Are you employed, Mr. French?
A Not at this present moment.

THE COURT: His first name again? 
MR. SANDERLIN: John, Your Honor.
THE WITNESS': Yes.

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THE COURT: Thank you.

BY MR. SANDERLXNx
Cl Were you employed by the U. S. Sugar

Corporation?
A. I did.
q. When did you go to work for the U. S. 

Sugar Corporation?
A. I started to work for the U. S. Sugar 

Corporation in 1964. ,
ft And what was your employment at that

time?
A. Well, I was working over to Bryant

Sugar Mill. I was working to Bryant Sugar Mill.
g Was that employment continuous for 

any period of time?
. A. Yes, I worked there for two seasons.

I built a home in Clewiston, Florida, in which I stay 
now.

Q. So you were there for two seasons; 
was that 1964 and 1965?

A. Yes.
d And then did your employment terminate?
A. No, I moved from around the lake and

came over to Clewiston to stay, so I asked for a

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transfer from over there, from the sugar mill over 
there to the sugar mill in Harlem.

& Okay. Did you obtain that transfer?
A. I got to the sugar company and I was

employed by Mr. George Yon. He sent me to Mr. Edwards 
and Mr. Edwards signed me up and sent me back to work 
ever to the Drainage Department.

Q. When was that?
A. That was '67 or '68, around there.
& What year did you first go to the

Drainage Department? Was that in 1965?
A. •67.
& ' 67?
A. Yes.

X

& Now, while you were employed at the
Drainage Department, what were your duties?

A. Well, we were doing all kinds of
things. We was—

gt First, I'd like to ask you this: What
was your job title? What were you employed as?

A. As a laborer.
0- Now, can you tell us what your duties

were as a laborer?
A. Where?

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Q. Yes.
ft. Around Clewiaton.
0. No, no. What were your duties and

what did you do as a laborer in the Drainage Depart
ment?

A Raked ditches, shoot dynamite, building
pump house, building bridges, and sometimes they sent 
us over there to clean ditches and repair.

Q Nov;, what is the work of the Drainage 
Department? What does it do?

A Weil, just what you hear I told you 
there, shoot dynamite, clean ditches, build bridges, 
and build pump house.

Q And that is the responsibility of the
entire department?

• A Yes.
Qi Now, when you were employed as a— when

you raked ditches, what was involved in raking 
ditches?

A You have a pump that pump the water
out the ditches, but they have us to pull the cane
trash after they finish harvest the cane, and the
trash that goes in the canal— we have to go out and
pull that out, so that the pump could rur. through

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there.

To clean the ditch, they pump the mud 
out because the muck got into it, bring it up so high 
that they have to pump it out. So, we go in front of 
that machine with the rake.

Then ve rake all that cane trash out 
so that the pump won't get clogged up from the cane 
trash.

That was our job, to go along in front 
of the machine, to clean for the machine, to pump the 
ditches out.

Ql You also mentioned that you did 
dynamiting. What's involved in dynamiting?

A. Well, you go Out there with--when I 
first start to working on dynamite crew, we had some 
jackhammers v/hich you work with air compressors.

Ql It is a sort of pneumatic drill?
A. Yes. You hold that drill there and

the drill go down in the ground, and another man 
behind you, and you pull that drill up and you push
a pipe down in there.

Then a man up on the bank make the
candles up.

Then after ha make them up, he pass
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them down in the hole to another set of men which 
plant then in the ground and behind that another set 
of men come in and tying those wires so that they 
could connect it up on the truck where they have the 
battery to blast.

0 Now, the pump house--what' s involved
in working with the pump house?

A. Well, when they are building a house,
they have to dan the water up, so they have some 
pilings, some steel pilings, which they have a groove 
that when you plant one down hare, you just connect 
that groove up together here so the water, when it 
comes in--and you drive it along just like that 
bannister there--you drive it right around there to 
dam it up, like a collar, so that you could work
inside of' the collar.

0 In other words , you make a wall,
roughly, four feet tall, a wall?

A. Well, sometime maybe four or five feet 
0 In other words, you say you are making

a wall of pilings?
A. Yes.
0 Now, you mentioned repair. Is it

repair of bridges— first you mentioned bridges.

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A Building bridges.
{X V7hat’s involved in the building of

bridges?
A. Well, you have some places That they 

build wooden bridges, where they have to plant these
posts down in the ground.

Ci Yes. Proceed, Tell us what further
happens.

& You put those posts in there and you 
have to go there and hold that post. They have a 
crane which you call a dragline and on top of that 
crane they have a thing that drive the pile, call it 
a "monkey." I don’t know what they call it here, but 
in my home town we call it a "monkey." That drives 
that pile and that thing raise it up and turn it 
loose and it comes down and hit that piling.

It goes down in the ground. Then we 
have to stand up there and steady that piling, to 
keep it steady until it start going into the ground, 
and we turn it loose and the dragline drive it all 
by itself.

q. Then after the piling is installed, 
what else is done?

A. After v;e install the pili i:ou co- 

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along there and put some brace along there. I don't 
know what you call it now, but you put sons boards 
inside there and tighten then up like a clanp, and 
both of then go to the side of that, and then that's 
where you lay down your planking for your bridges to 
walk upon or for a truck to pass over.

0. Nov;, you mentioned repair of bridges--
A. Sometimes you have to take out the bad

plankings that they have on top, if it's been there 
plenty years, and so they could be rotten and they 
might break, so we have to go there and put new ones 
in.

Q. Now, are there other jobs that the
Drainage Department did besides what you have
menti oned?

A. They build concrete bridges, too.
Ql What would you do in the building of

concrete bridges?
A. Well, you do the sane thing. They

build a bridge here; this would be a pump house here,
and they bring the bridge in and from there to the 

; pump house over here, and they bring it from over 
here to the other side, and put it to the pump house, 

! so they put the pump dc-n .here.

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They have a gate here which goes down to close that 
water off. Then they keep that gate to control the 
water by flooding the field or pulling water out in 
the field.

So, we go out there and build the box, 
the casing for the concrete to pour into it.

Q. In other words, a frame or form?
A. Yes. Then, after they finish that, 

they put up the railing and wc build--we have build 
the shed all the way over there like a house, to 
protect the pump from rain, from water.

> Q. Now, you mentioned that you were
employed as a laborer?

2

A. Right.
' Q. Are there other jobs in that department 

that you know of?
A. Well, when you go out there you don’t 

have a station, a place to work, so sometimes they 
have a serviceman come out there with the truck and 
when he come— they make us service the trucks. They 

| make us grease the machines.
Q. All right. So the serviceman —

if. The serviceman comes out there to
|j ‘ _____  I

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service the truck, but we have to service the truck.
Ci Are there other jobs in that department 

connected with these duties?
A. In one job they put up a bid on the 

board for a grease nan, which is an oiler.
Q. What i3 an oiler?
A. That's a nan that goes out there and 

you have to grease the machine every morning and 
twelve o'clock the machine close down, and so you 
have to go around and check it up and grease it again 
when the machine i3 locked for evening time. It is 
your duty to grease it up and close it up.

Qi What machines are these? What 
machines i3 this done for?

A. It's done on all the machines that 
work in the Drainage Department.

Qi Can you tell us what those machines
are?

A. There is a tractor, dragline, pumps, 
all these machines, where they run to pump the water 
out of all those things--you have to grease them.

Ci And they are greased in some — according
to some system, as you have just described?

A. Yes.

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a
for a job as 

A
a

Now, you mentioned that you applied 
an oiler.

I have been on the job.
You had been on the job?

A Yes.
Q. What do you mean by "bid for the job"?
A You have to put it in writing and send

it through the Drainage Department. You take it 
maybe to Mr. George Yon or Mr. Cluie Hancock, and
they will send it over to Mr. Edwards, and then send

*
it back to let you know if you got the job or not; 
but no one ever hear anything about it, so they have 
me there doing the job, doing the greasing.

Ci How did that cone about?
* i A The greasing?

• ft Yes. How did it come about that you 
were doing the job?

A Well, because I know how to grease 
the dragline, the pump; so every time the man come 
out there, they got me to go and grease it, and the 
service machine--on the service machine they have a 
thing that you can hook it up and that thing would 
pump the grease out itself. Eut, instead of that, 
you have to go down there in the muck and lay down

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with a hand pump to grease that machine there. So, I 
have been going out there doing it for quite a while.

And 1 decide, well, they won't give 
me the job after I have been on it. I heard that 
they didn't give it to the other nan that bid on it.

morning and I see a white boy come out there, so I 
say, like, "Who is he?" So, one of them turn to me 
and said, "That's Mr. Edwards' son."

grease the dragline, and I started to show him.
Even though I show him, I still have 

to do it, so I go out there one morning and they

Q. Who is the other man that bid on it?
A Leon Mason. So, we are out there one

& Who is Mr. Edwards?
A Mr. Edwards is the man who run the

personnel office
THE COURT: He does what?
MR. SANDERLIN: He runs the personnel

office
THE COURT: Thank you

BY MR. SANDERLIN:
Q. You may continue
A So they ask me to show him how to

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man, "I'll grease the pump if I'm going to get the 
pay." I soy, "If I'm not going to get the pay, I'm
not going to do it."

So, I took my rake off the ditch
machine and I started to rake the ditch ahead of the 
machine.

The boss man come up to me and he 
stopped me. He said, "You're going to grease the 
machine or not?"

I said, "I'll grease it if you're
«

going to decide to give me the money to grease it. 
Otherwise, I’m not going to do it."

Cl How much does this person get for 
greasing the machine, the oiler, the job that you bid 
on?

K I think they used to get two-fifteen,
something like that.

Q How much were you getting at the time?
A. $1,85.
Q. Okay. Now, you said that you were 

asked to grease the machine?
K Yes.
Q And you said that you went and picked

up your rake?

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f  -

i time?

A. Yes.
Cl What kind of job were you doing at the

JL
&
A.
&

Mr. Edwards' 
take?

Raking ditches.
That was your job assignment?
That was my job at the time.
Now, you said that you trained 

son to do this job. How long did that

A. It would take a day or two. It
4T

v.jouldn't take you a day to learn because you have all 
of these nipples right there and all you have to know 
it; where they is; and after you show a person one 
time where it is, that's it, and you don't have to 
show it no more.

' Q Now, you said that instead of greasing
the machine you continued with your duties?

A. Yes.
Ql Then what happened?
K The boss man come up to me and he asked

me if I'm not going to grease the machine. I told 
him, "No, unless I get the pay, I'm not going to do 
it; that I was not hired for that and I just bid on
the job and I get no answer out of it, and if you

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know you're going to let me have the job, you could 
tell me right now and I'll start doing it right nov/, 
but if I'm not getting the pay, I'm not going to do
it. n

So, he tell me to stop work. I 
stopped work and lean upon the rake. He went out and 
called Mr. Cluie Hancock.

Q. Who is Mr. Cluie Hancock?
A. That's the other foreman under

Mr. George Yon.
<5

Mr. Hancock came up and he ask me 
what's the matter with me. I told him that I bid on 
the job here and I don't get--I'm doing the work and 
I’m not getting the pay.

I say, "Every time I go home, my wife 
making lies with me, saying that I'm doing mechanical 
job over to the sugar mill and bringing home a small 
check, that I can't fool her, that I must be making 
more money than what I'm making."

So, I say, "Honey, I'm not getting the
money."

She said, "Why you come in to me with 
all this grease up every day?"

I said, ’’Well, I have to do the job

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that they tell me to do out there. I bid on it and 
maybe they are trying to see if I could get along 
with the fellow, so they'll give me the job"; but 
time after time they don't give me the job, so I 
refuse to do it, so Mr. Hancock came to me and I gaid, 
"Mr. Hancock, if I'm going to get the pay, I'm going 
to do the job. If I'm not going to get the pay, I'm 
not going to do the job."

He said, "You're not going to get the 
job and you're not going to get the pay.” He said,<4
"Come on the truck."

So, he put me on the truck and he took 
me from the Bryant Sugar Mill back to Clewiston, to 
the shop, where we meet Mr. George Yon.

Ho told Mr. George Yon what happened. 
Mr. George Yon asked me if I had ny lunch with me and 
I said yes. He said, "You're fired," and he tell 
Mr. Hancock, "Take him home."

Mr. Hancock took me to my house and 
he put me off down there.

I go back to the personnel office the 
following day to look for my check. They didn't give 
it to me until three weeks— three weeks before they 
send me a check, and I go .to then every week to look

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for it, and so after they fire me I leave from there 
and go to the sugar mill over to Moore Haven, run by 
Cubana.

0. Moore Haven?
A. Moore Haven Sugar Mill.

When I go there, I meet up with a 
Cuban and I ashed him who is the foreman. He told me 
he was. I say, "I looking for a job."

He ashed me, "Where you v/orking last?"
I said, "I working in the Drainage 

Department at U. S. Sugar."
He said, "Well, when did U. S. Sugar-- 

U. S. Sugar fire you— we can’t use you because 
Mr. Fred Sikes told me not to hire anyone of you that

j

are fired."
{X And who is Mr. Fred Sikes?
A. The president of the sugar corporation

MR. KELSO: Your Honor, I object to
this testimony. It is hearsay. We have not identi
fied who the man is, plus Moore Haven is quite near 
Clewiston and he can bring the witness down.

THE COURT: Well, the objection is
overruled.

The? i&cr.c3 v' 11 be -3ived on this

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basis, that this witness talked to this nan, whatever 
his name was.

What was the name?
BY HR. SANDERLIN:

Q. what is the nan's name that you talked
to?

A. Well, I didn't ask him his name after 
he give me such a brief answer about he couldn't hire 
me.

THE COURT: So, then, he was not*
hired.

THE WITNESS: I was not hired.
THE COURT: That’s the extent of the

reception of it.
THE WITNESS: So, I leave from there

and go back home, go uptown and look for a job, and 
everywhere they ask me where I was working before, 
and I 3ay, "To the sugar company," and they say they 
can't hire me. So, I go up to the house and stay 
around there.

Well, some payments started to get 
behind on the house, so I say, "I better go back to 
them and ask them for my job."

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BY MR. SANDERLIN:
0- Back to whon?
A. Back to fir. Edwards, and I ask

Mr. Edwards if I could got ny job back. He asked me
what is my name and I told him my name is John French. 
He said, "No, I can't use you. You are fired from
the sugar company."

X said, "Thank you, sir."
At that time I took a witness with me 

to prove that I went back to ask Mr. Edwards to please 
give ne my job back.

Q. And who is that person?
\ a. Samuel Johnson.

q. Now, after this did you subsequently
2find employment? Did you find employment later?
* K Well, later on I went to West Palm 

Beach. I got up to a company by the name of Burnup 
and Sims and I started working with them there, and 
I was; making thirty cents more than what the sugar 
company was paying me at the time. So, I stick around 

until I got- —X was learning to build forms for 
the Bell Telephone Company that put the cable in.

Qt What kind of company is Burnup and
Sims0

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A, They run pipes for the Bell Telephone 

Company to run the telephone cable under the ground 
and they build these things in the ground that they 
call manholes.

I was building the forms in that 
division. I had two men working with me.

Q. You were their foreman?
A. Yes.
Qt Now, you are still employed with the

Burnup and Sims Company?
A. No, I was offered some more money.

I was foreman at the tine when I was offered more 
money and I went out to the other company to work 
because I was looking out for the most money.

j

Qi How much were you offered?
' a. I was making $4.7 5 an hour with 

Burnup and Sims and I was offered $5.25 with this 
other company.

Q. VJhat were your duties with this other
company?

A. I was building forms for the other 
company that built bridges, like building these over
head bridges here.

I war. building forms for them. I was

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the carpenter working there with then.

Ct Have you had any training as a
carpenter?

A. Well, I had some training home as a
carpenter.

Q. When you say "home," where do you mean?
A. In my country.
& What country?
A West Indies.
& What part of the West Indies?
A It's a little, small country by the

name of Montserrat. She is only 32-1/2 square niles.
Ql No w , you said that you learned the 

trade as a carpenter there?
A. Yes.
& Now, if we can go back to the Drainage

Department, about how many employees were employed at
the Drainage Department when you went there, I believe 
you said, in 1 65?

A. Well, when I went to the Drainage 
Department, I was working in a crew. My boss man 
was Billy Blunt. That was the first foreman I ever 
started to work with when I go to the Drainage
Department.

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Then you might work with Billy Blunt 

today and then maybe tomorrow somebody else, and 
maybe tomorrow somebody else from another crew don't 
come out, so then they could pick one of u£ up and 
take us around there and put us to work with that man 
today or tomorrow? and until his man cone back out 
they sent you back out there to work in his regular 
crew.

Q. About how many laborers were there in
the department when you started working?

%
THE COURT: Where, over at Bryant or

in Clowiston?
MR. SANDERLIN: In the Drainage

Department, 3ir.
THE COURT: At Clewiston?
MR. SANDERLIN: Yes, sir.
THE WITNESS: I really couldn't tell

you how much laborers they had, but I know there was 
six of us who was in one crev that I was working with. 
^ Y  MR. SANDERLIN:

q. Do you have any idea of how many crews 
there were?

A, Perhaps several crews because you
have--Mr. Clarence, he have a crew and

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ho have a crew. Different crews they have there.
q. Durina this time would you have seen

all of the laborers?
h No. Sometimes we come to t;e shop-- 

when you get paid none of us will meet there, and we 
got paid according to the crew coming on— you got

paid.
q. what was the race of the laborers?
A. The position of the laborers over 

there~~that you cannot get no other job over to the 
Drainage Department but to work--the only thing tney 
have there is the little grease job that they have 
there, that they put up on the board for bid; but 
every other thing you do out there is--you work there 
for five or six years, maybe ten, twenty years, and 
then they had a foreman out there--*they will pick up 
a man off the street and send him there to work and 
you will have to tell him what to do.

£ During this time that you were there,
xdid you ever have a Negro foreman?

A. Sir?
q. Have you ever had a black foreman?

Have you ever worked for a black foreman?
A. I never se£n one.;

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• French--direct
& What was the race of the laborers?
A. Black.
& Did you ever see a white laborer while

you were there?
A. Not yet.
& How about oilers?

• A. White.
& Did you ever see a black oiler?
A. Over there?

, & Yes.
A. The black oiler I have seen over there

is with the laborers; never seen any black oilers
£ over there.

& When you say that, you mean that the
laborers are doing that particular work?

* • A - Yes.
& Now, would there be jobs there such

• as blasters?
A. Blasters ?

' . & Yes.
A. Yes. The crew is there--they send us

with a nan and he is the head of us. He claims that
the company gave him a license, that every time he

i • wanted to go up there to shoot dynamite, he have that

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French--direct
license.

Well, if he leave from there to go to 
some place else, they transfer that license to 
another blast man and the other blast man— he cone 
over there and work along with shooting the dynamite.

Some of them cone out there where we 
are at and shooting dynamite and they looking at us 
to see how we make up a candle. They don t know any 
thing about it but still one of then can run the job 
and still they go and take somebody else, still bring 
him out there, a white man.

THE COURT: What, do you call that job--
a blaster?

MR. SANDERLIN: Blaster.
THE COURT: And that’s the man that

shoots the dynamite?
THE WITNESS: Yes.

BY MR. SANDERLIN:
Q. What does the blaster do?

, A. His job is to connect the wire to the
battery, which the dynamiting would go off. That’s 
his responsibility. His responsibility is to see 
that you get out the ditch before he blasts. You get 
thirty feet away before he blasts.

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! 4 6
• French--direct

So they have a little shelter built on
the truck and all of us go up underneath that truck,
underneath that little shelter, so when he blast that
nobody could get hurt.

THE COURT: To clarify, you call that
a "blaster"? Is that what you call it or "blasterer"?

• MR. SANDERLIN: It's a "blaster,"
Your Honor.

THE COURT: Thank you.
BY MR. SANDERLIN:

ft Nov:, you mentioned the job of a
serviceman. Have you ever seen a black serviceman?

A. No, sir.
ft Were there any other jobs in that

department, in the Drainage Department, that is,
besides the oiler, the blaster, the serviceman?

t
A. Building pump house and building

• bridges.
ft Okay. Now, you mentioned ditching

xmachines. Who operates the ditching machine?

1
A white man.

ft You mentioned a dragline. Who oper-
ates the dragline?

• The white nan.
I

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Q. And during the time that you were 
there, did you ever see a black man operate either a 
dragline or a ditching machine?

A No, sir.
Q. What does the dragline do?
A The dragline, after you blast there,

the dragline come behind you and clean the ditch out,
I all the loose dirt that blow up there, the dragline—  

it's their duty to come behind there and clean it up.
0. What does the ditching machine do?

ft

A The ditching machine, it goes along
j there, pump the water and the mud out, the heavy muck 

that goes out there. That thing come along there and 
pump that water out.

Q. Now, when you left the sugar company, 
what date' was that, approximately what date?

A I was so upset that I never keep track 
of the dates because I was looking for a living.

I figured that I would work with the 
s sugar company but the way they tried to mistreat you, 
the man that working you, he don't know how to talk 
to you.

•He just don't know how to treat you.
jj if he need you, he say, "Come here, boy."

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I say to him, one of them, a man named 
Slim Rutland, and I said to him, "Do the sugar 
company have any boys over here?"

He say, "You come on over here. You 
know I'm calling you."

I say, "I don't know who you're 
calling but I just want to know if the sugar company 
hire boys over here." I said, "When the sugar 
company tell you to carry somebody out there, he say,
'Take Leon Mason or take George Edv/ards or take John

*
French. He never tell you to take a boy out there.'"

He told me he don't want any lip from
me .

0. Now, did you ever have the occasion to 
use the facilities there?

• A. Yes.
Q. Well, were there any problems with

respect to the facilities?
A. Yes. They have "White" on there for 

|x the bathroom and "White" in the water fountain, and
there is "Black" over there at the water fountainI
and "Black" over there in the bathroom,

ft .Did you ever use the bathroom desig-
! nated for "White"?

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French— direct

A. Beg pardon?
Qs, Did you ever use the bathroom desig

nated for "Whites"?
ft. No, sir. I'm a law-abiding cit.isen.

If they tell me don't walk there, I'm not going to
I :

walk in there.
Cl Did you ever use the water fountain

there?
ft. No, I never go there because they say 

it's "White," and I know I'm black, so I'm going 
where I see "Black."

Q. Did you ever see any blacks using the 
"White" water fountain or the "White" bathroom?

ft. Yes. Some of them, if they're newly
hired, they'll go there and use the water fountain, 
and then 'they'll say, "That's not yours. That's 
your si over there."

{X Now, were you aware of a large number 
of employees in the Drainage Department being dis- 

x missed at one time somewhere around 1958?
ft. Well, there was--well, I was fired

before those times, before these others; but when I 
come hone in the afternoon from fishing, I heard that
thev fire ail the boys off the Drainage Department.

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French--direct
THE COURT: The objection is sustained.

Let's not act into this hearsay. The objection is
sustained.

Honor.
MR. SANDERLIN: Just one moment, Your

THE COURT Yes, sir
BY MR. SANDERLIN:

Ol Have you seen any-- Did you see any 
eating facilities while you were working there at 
the U. S, Sugar Company?

R. Well, we has a crew and we go out 
there and eat together over there. The boss man—  

they would go in the truck and eat, but we would sit 
in the back of the truck and eat.

Q. Did you ever go inside of the mill to
eat?

H I used to work on the bull gang there 
and every time dinner cone around, all of us colored 
folks came together and sit down there and eat. The 
white people goes off to eat by themselves.

& But there was a place to buy the food?
A. You have places where you can buy your

food there, yes. The colored come on this side and 
ths white oeonle go to the front, around.

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French--direct
Q. Did you aver try to go to the white 

side to get food?
A. No, I always try to follow the flock. 

Where I see the colored men go, I go there\

q. Now, I would like to call your atten
tion to-- Did you have a foreman by the name of
Lester at one time?

A. That was the time when I was fired.
He was my foreman.

THE COURT: What i.3 his name--Lester?
BY MR. SANDERLIN:

Q. Is that his first name or last name?
A. Well, that's all the name I know,

Lester.
Q. Were you there when he first started

to work for the U. S. Sugar Company?
A. Well, when I first soe him, they bring

him out there one morning to run the ditching machine.
Q. Was he a new employee there?
A. I don't know if he was new. He could v

have been working for the sugar company someplace 
else, which I don't see.

£ But--
A. Put at that tine he was ; -• tc

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I:
| Drainage Department.

ft Can you tell us about the morning they 
brought him out there?

A Well, they bring him out in'the 
morning to run this machine.

ft And what kind of machine was it?
A That was one of these ditch machines 

that pump the water out in the field. He didn’t even 
know how to go up on this machine.

ft How did he get up there or did he get
up there?

A He was looking for a ladder or step 
‘ or something like that and we told him the only way 

he could get up there was to climb up on top. So, 
after, he get up there.

|

q. Did you all assist him in getting him
up there?

A It seems that he know the other fellow
so he speak to him more than to me; and then when he
get up on the machine he didn’t even know how to \ _
crank it. The other boy got to go up there and shov; 
him how to crank it,

ft V7hen you say "boy going up there”--
A That was James Earl,

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French--direct 
& Was he a laborer?
A. Yes.
Ql Is that James Earl Baxter?
A. Baxter, ye3. He was the oni who

showed him how to crank it.
After he show him how to crank it, he 

didn’t even know how to let the pump down. You see, 
he have a lever there which makes the pump go down 
and take the pump up and sometime the pump pick up
the rock, so we have to take a crowbar and dig that

*
rock out so that that pump could turn free to pull 
the water out.

Cl Now, was Lester also your foreman at
the time?

j j
A. Yes.

' (X And he was assigned to you as your
foreman?

A. Yes.
Q. What was his race?
A White.

\  _

MR. SANDERLIN: Excuse me for one
moment, Your Honor.

THE COURT: Yes, sir.
MR. SANDERLIN: Thank you ;. 7r:uv.

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We have no further questions.
You may inquire.
THE COURT: Stand hero for just a

moment go that I might ask these questions and, if 
you want to, you night interject. Ism jus$ not clear 
on all this. Perhaps I should wait for the cross- 
examination, but maybe this will clarify it. I will
put these questions now.

Within the Drainage Department you
had folks who worked as laborers like yourself?

THE WITNESS: Ye3, sir.
n

THE COURT: And they performed these
duties that you spoke about?

THE WITNESS: (Nods in the affirma
tive .)

* t

THE COURT: And in addition to that,
in the Drainage Department, you had other job 
positions, including the ditching operator--ditching- 
machine operator? That was a special job within the 
Drainage Department, was it?

THE WITNESS: Yes.
\

THE COURT: And they had what, they
called an "oiler"?

THE WITNESS: Yes, sir.
THE COURT:. And he are’.:.

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machines?

THE COURT: Then you said that they
had a serviceman?

THE WITNESS: Yes, sir.
THE COURT: What did he do?
THE WITNESS: He goes out there- and

fill up all the machines every day.
THE COURT: With gasoline?
TIIE WITNESS: With diesel.
THE COURT: with diesel?

THE WITNESS: Greased the machines.

THE WITNESS: Yes.
THE COURT: And then they had a man

that they called the "blaster"?
THE WITNESS: Yes, sir.
THE COURT: And that's a special job

position 'within the Drainage Department?
THE WITNESS: Yes, sir.
THE COURT: Were there any other job

assignments or positions out there other than these
and the laborers, or is that all of them? v

THE WITNESS: That's all they have out
there.

.THE COURT: Now, the blaster, the man
who did the blasting, was not a laborer?

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• THE WITNESS: No.

f THE COURT: And he did not rake the
ditches?

THE WITNESS: No, sir. He is the
foreman.

THE COURT: The serviceman didn't rake
the ditches?

M
THE WITNESS: No, sir.
THE COURT: The oiler, did he rake the

ditches?
THE WITNESS: No, sir.
THE COURT: Ancl did you say that the

blaster and the serviceman and the oiler were all 
white men?

THE WITNESS: Yes, sir.
THE COURT: The foreman, who was the

man who ran the ditching machine, he was a white man?
THE WITNESS: Yes, sir.
THE COURT: But all the laborers were

black; is that what you are telling me?
THE WITNESS: Yes, sir.v
THE COURT: Nov/, what was the rate of

pay for the black men, the laborers?
•THE WITNESS: $1.85.
THE COURT: Well, do you know what the

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rate of pay per hour was for the oiler?
THE WITNESS: I think it was two-

fifteen.
THE COURT: And you bid for that job,

didn't you?
TIIE WITNESS: Yes, sir.

j THE COURT: How was that bid made?
How did you make that bid?

THE WITNESS: Well, they put it up on
the board, up there.

THE COURT: But how did you do it?
THE WITNESS: I write in for it.
THE COURT: To the personnel officer?
THE WITNESS: Yes, sir.
THE COURT: Mr. Edwards?
THE WITNESS: I deliver it to

Mr. George Yon, and Mr. George Yon would deliver it 
to Mr. Edwards.

THE COURT: What was the rate of pay
for the servicemen, if you know?

THE WITNESS: Well, I don’t knew about
the serviceman because they didn't put that up on any 
bid.

•THE COURT: What about the blaster?
licit • 'i ~ *** \l0  iy. 1 »

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THE WITNESS: No, sir.
THE COURT: Nov/, vou don ' t know whenI

you were fired, do you?
THE WITNESS: Beg pardon? V
THE COURT: You don't know when youi

.7were fired, the date?
THE WITNESS: No, I couldn’t quite

remember.
THE COURT: What year was it?

I “ *THE WITNESS: That was '68.
*

THE COURT: Was it early or late in
'68, in the wintertime or summertime?

THE WITNESS: It was late in the
summertime because we go on vacation in June and the 
men would be starting on their vacation at the time.

THE COURT: You think that this was
probably in June of 1968?

THE WITNESS: It was maybe a little
further back.

THE COURT: July?
THE WITNESS: Somewhere around there,

because I know that he was up on the board at 
vacation time coning up, and I know I was supposed to 
go on my vacation at the time, so I was

i ‘

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THE COURT: You don't know?

J.  S .  D I S T R I C T  C O U R T



for that when they fired me, and then--
THE COURT: How long were you without

work?
THE WITNESS: Well, for three or four

months. *
THE COURT: And did you then get t'ni3

job with Burnup and Sims?
THE WITNESS: Yes, sir.
THE COURT: And the rate of pay there

was four dollars and what per hour?
THE WITNESS: I was hired with Burnup

*
and Sims, making $2.75 an hour.

THE COURT: Just a moment. Two-
seven ty- five?

as a laborer.
THE WITNESS: At that time I was hired

THE COURT: How long did you work as
a laborer?

THE WITNESS: I worked there about a
month and a half, after they find out that I could do 
carpentry work.

THE COURT: Then what classification
did you have? V7hat job assignment did you have?

THE WITNESS: Well, I v;as building
forms.

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THE COURT: I know What do they call

it on the job, though?
THE WITNESS: Beg pardon?
THE COURT: Do they call it a "form

builder1'?
THE WITNESS: Yes, forra builder.
THE COURT: How much pay did you got

then?
THE WITNESS: $4.75.
THE COURT: How long did you continue

at this pay?
«r

THE WITNESS: I worked with them about
a year and a half at that rate.

THE COURT: And then you changed jobs?
THE WITNESS: Yes, sir.

j

THE COURT: And who did you go to?
THE WITNESS: Volunteer.
THE COURT: For whom?
THE WITNESS: A company by the name

of Volunteer.
THE COURT: Where was that?
THE WITNESS: In Miami.
THE COURT: Here in Miami?
THE WITNESS: Yes.
THE COURT: Bridge builders?

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Yes, sir.

THE COURT: At five dollars and —
THE WITNESS: And a quarter.
THE COURT: And how long did you con

tinue there?
THE WITNESS: I worked there for that

company until— I worked with them for five months and 
I got in a car wreck out on the expressway down here

THE WITNESS:

and I couldn’t go back to work. So, I just didn't 
come back down here.

THE COURT: How long were you disabled?
THE WITNESS: I was disabled about

five months, so I couldn't get no way to come back 
down here.

THE COURT: Were you paid workmen’s
i

compensation?
THE WITNESS: No, I don't get back to

them as yet.
THE COURT: When you were laid up,

did you get insurance payments, workmen's compen
sation?

THE WITNESS: Yes, sir, I got insur
ance payments.

THE COURT: Ilow much did you get?
TIIE WITNESS: I got a check for 597.

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62

they sent to me

THE COURT: For \̂ hat, a week?
THE WITNESS: No, that's a check that
i.
THE COURT: You were laid up for five

months?
THE WITNESS: Yes, sir.
THE COURT: And during that time how

much did you get paid?
•THE WITNESS: I didn't get paid from

them any money.
THE COURT: Well, the insurance

company paid you, didn't they?
THE WITNESS: My insurance that I have.
THE COURT: Not their workmen's

compensation insurance?
THE WITNESS: No.
THE COURT: You were laid up for five

months?
THE WITNESS: Yes, sir.
THE COURT: Then what did you do?
THE WITNESS: And I get back down here

— I came back down here to Miami and look for a job.
The kind of job that I could get--I 

didn't have any transportation to get to the job, so 
T had t o  cro b a c k  home.

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THE WITNESS: Back to Clewiston.
THE COURT: Are you working?
THE WITNESS: Sometime I get a day’s

work here and there.
THE COURT: What was the date of your

accident?
THE WITNESS : Beg pardon?
THE COURT: What was the date, from

your recollection, of your accident, the date?
THE WITNESS: The date?

<r

THE COURT: V7hat year?
THE WITNESS: That was this year.

I think that was the second week in January.
THE COURT: Of what year?

j THE WITNESS: 1972.
THE COURT: Well, if you were laid up

for five months and you were injured about the 15th 
of January, 1972, you have not been able to go back 
to work, have you, physically?

THE WITNESS: No. I just got a letter
here from the doctor that--

THE COURT: During that time you
worked a few days at a time here and there; is that 
what you are saying?

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THE COURT: To Cleviston?

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sir.
THE COURT: All right.
Did I suggest any further questions

on direct, that is, before it goes on to cross?
MR. SANDERLIN: No, Your Honor.
THE COURT: You may cross-examine.
MR. KELSO: Thank you, Your Honor.

CROSS-EXAMINATION
BY MR. KELSO:

Cl Mr. French, when you worked at Bryant, 
before coming over to Clewiston, were you in the 
union over there?

A Anybody that worked the sugar mill
there, they have to bo in the union there.

Q. You were in the union at that time?
A Yes.
Cl And then when you were in the Drainage 

Department, were you in the union?
A Well, they wouldn't allow us to join 

the union. We filled out the card and we gave them 
five dollars as insurance fee and keep it for one 
full year.

We attend three meetings and they 
would not accept us in the union.

q. when you ware in the union, were there

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THE WITNESS: Ye~,



Frcnch--cross
a substantial nunber of blacks who were members of the 
union?

A. Y e s .

Q. There were a lot of blacks in the
union?

A. Yes.
ql And when you transferred to Clewiston,

did you apply for a job at the mill, at the Clewiston
mill? ...

A. Well, I didn’t want to go to the
Clewiston mill to work because when I get to the 
Drainage Department I find that there was more West 
Indians working there, which I could understand the 
language better than I could understand yours, so I 
decided to stay on the Drainage Department because it 
was an all-year-around job; but to the mill it's only 
a season.

When the mill goes down, you don't 
have nothing to do but go up there and pull corn or 
pick beans or something like that.

q, so then the year-around work in the
Drainage Department was more desirable to you than to 
work in the miil and than to be laid off?

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French--cross
Q. And whan you put in your bid for the 

oiler job, what did you ever hear about it? Did any
body ever say anything to you about it?

A. No, sir.
/ Q. Nothing else was said?

L No, sir.
d Did you ever ask anybody about it?
A. No. My reason why I wouldn't ask was

simply because it was Mr. Edwards' son over there
who got the job after he get out of school, and I 
couldn’t go to Mr. Edwards to quarrel with Mr. Edwards
about his son. t

CL Did you ever bid on another job?
A. I never had the opportunity because

they fired me.
Ql

s

An oiler, works just on the dragline,
does he not?

A. He works on the dragline, yes.
Well, the job of oiler now— -there are

a lot of oiler or oiling jobs, but when we talk about 
an oiler as being a particular job, that's on the 
dragline, isn't it?

A On all the machines.
a We 11, r.o’% the drnglir oiler, the guv

JACK H. GREENE
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• i French--cross
that bids the oiling job, he only oils the dragline?
Isn't that right?

A. Yes.
& So he is an assistant to the dragline

operator?
A. I wouldn't call it no assistant. He

• only just oil the dragline. He keeps greasing the
• dragline. He don't operate it no time at all.

Q. Y7ell, how do you know that no oiler
ever operates the dragline?

A. I never seen any of them that do
1 oiling that operate the dragline.

& The oiler stays with the dragline all
day, doesn't he?

A. His duty is to grease the dragline.
They have'some pillars that the dragline move along
on from bach down in the mud and his duty is to oil

,  # the dragline, hook those things up, take those things
in position so it can crawl along. That's his job.

QL So then he is helping the dragline to
operate? •

A. Right.
Qt And the oiler that we are talking

• i about now--tliis job that'a.designate: 1 as oi1rr hare--

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French--cross
he doesn't ever oil any of the other equipment, does 
he? He stays right with the dragline all day?

k Yes,
o. That's correct-~he doesn't oil any

other equipment?
A, No, he don't go from that dragline to 

go to no other equipment to oil it. That's why they 
have a serviceman.

Qt All right, the serviceman--what does 
a serviceman do?

k He goes out there and he fill up all
the machines.

Qt Puts the fuel in them?
k Yes, and on that truck he have a

machine there that he goes up there and grease those 
things and he doesn't do it.--he and the foreman sit 
down there and hold a conversation until we, any one 
of us that they send to grease it up there.

& Vie are now talking about the pumps
and ditching machines?

k Including the whole ditching machines,
tractors, draglines, anything you could call a
machine that the sugar company have.

Now, the rumps, if they are running

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French~~cros s

all day, have 
not, a couple 

A.
&
A.

to come there 
&

talking about 
A.
0.

to be oiled during the day, do they 
of tines a day?
You have to put oil in there.
And who does that work?
VJell, they get--the oiler is supjjosed 
and put--
V7hen you say "the oiler," you are not 
off the dragline, are you?
No, the serviceman there.
And it vould be laborers doing the

«!raking, you say, with the pump machine?
A. That's the laborers' job, fco rake for 

the pump, to dig the rocks out. It's your duty to 
dig the rocks out to keep the pump going. In other 
words, you can call it where the machine--for the 
machines there we clean the ditches so that the 
machine could run.

Q. With the ditching machine did you have 
a little hand grease gun, on the ditching machine?

A. They have a hand grease gun on the 
ditching machine and the nan who does that, the 
serviceman, he have a machine on the truck that could 

i pump that grease into the tractor.
0. 3 H t 3 1 " CTT11 X 3. ZT TZ D ̂ ? IT r*f * T> * t h

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French--cross
laborer who went along with the ditching rnachine-- 
didr.'t ho oil or put none grease in the ditching 
machine with a hand gun a couple of times a day? 
Wasn't that a regular part of his duties?

A. No, that was not a part of the duties
at all.

When they hire you up there, they tell 
you that you're going out there to clean that ditch 
in front of that machine, and if that machine picks 
up a rock, your duty is to take it out.

(1 Did you ever put oil in it or grease 
in the ditching machine? *

A. All the time I put oil in it because 
I wanted to learn to do one, and everything over

i

there.
' Qi For what, three or four years when you 

were working with the ditching machines?
A Three or four years.
Qi So over a three- or four-year period 

you would oil the ditching machine whenever you were 
working with the ditching machine, and you used the 
hand grease gun?

A. No, it was not three or four years.
It was just shortly after they clair.od that they were

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going to get us in tho union and wo decided ths 
treatment that we were getting over there was not 
right. It didn’t suit us because, if you go to 
Mr. George Yon and you told Mr. George Yon, if you 
ask him--

THE COURT: Now, ju3t answer his
question, please.

Well, he wants to know how long, over 
what period of time you greased the ditching machine 
when you were a member of the ditching crew, ditching- 
machine crew.

In other words, was it two or three 
years or was it a year?

THE WITNESS: No, it was not two or
j

three years. About a year or so I was dealing with
the ditching machine.

THE COURT: Was that the year before
you got fired?

THE WITNESS: Yes, sir.
THE COURT: You were working during

that year most of the tine on the ditching machine?
THE WITNESS: Most of the time we were

working on the dragline machine, not on the. ditching
irwich i  n.o - fchc t o  « co- o u \ z t h o z ^  t o  d o b 1 *.: x  i n   ̂ f t o

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French— cross

shoot dynamite.
THE COURT: But when you were working

on the ditching machine during that year, before you 
got fired--

THE WITNESS: Yes.
THE COURT: --did you grease the

ditching machine several times a day when it needed
it?

THE WITNESS: Yes, I did that.
THE COURT: All right.
Now, that's what you want to know? 
MR. KELSO:' Yes, sir.
THE COURT: You may proceed.

BY MR. KELSO:
q. Was that a regular part of the duties? 

Did the other laborers who were working with the 
ditching nachine--did they grease the ditching
machine that they were working with?

A. When I was there I was the only one
who was greasing the machine. After they sent me 
home,, they told Leo, the boy, that if he don't want
to grease it, he could catch up with me.

$ Nov.’, on the pumps--when they vrnre

rann the pump c: _ :. have to

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regularly or checked?
k No, you don't have to grease then so

regular. If you grease them in the morning--you have
a little thing there and you just fill it up with oil 
that keeps the bearing going all day and then in the 
afternoon, when one o'clock come or knocking-off time, 
the dragline, the operator, he will screw that little
thing out.

& Are you on a pump on a canal or are
you at the dragline?

A. You are talking about the pump, ain't
you? >

Q. Well, I'm talking about the water
pump, not on a ditching machine.

A. You're talking about the pump and 
that's what I'm talking about, the pump.

& On the ditching machine?
k Yes.
& All right.
k He screw that little bolt out and

sometime he don't need no oil in it. It still full. 
Sometime it need a little and he pour a little oil 
in there.

( V
Y o u  3 a i  1  t ! \ a t  t h e r e  *  1  g n s  c r t  t h a

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French--cross
bathrooms and on the water fountain, is that right?

A. Yes.
For both white and colored?

A. I don't know if they move it yet. If
they don't nove it, it still there.

0. Were they there when you were fired in
the summer of 1963?

A. Yes.
d Are they still there?
A. If they don't move it now, it still

there.
d Where were those bathrooms?
A. Those was in the mechanical shop.
d The P.M.S. shop?
A. Yes, because they didn't have any

bathroom or water fountain over in the Drainage 
Department, so when we need water we had to go there, 

q, You said that in the canteen that you 
usually went to the side where the other colored men 
were getting served?

A. Yes, that's right.
d Was there any sign there saying that

you had to do that?
A. No, there was no sign up there, but

■
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that's where the colored folks going and I go there.
I go along with thorn.

Ql You mentioned that Leon Mason had bid 
on an oiler's job. How do you know this?

k  Well/ because both of us get together 
after we see it and say we're going to bid on the job
so one of the two of us gets it.

Ql Had you h a d  a conversation with Mason
that you were going to bid on the job? Did you have 
a conversation after the bid? Do you know whether he 
actually bid on the job?

k I know he bid on the job because v;e
take our application in together.

Q. At the same tine?
k Yes.

MR. KELSO: I have no further
questions.

THE COURT: Is there any redirect?
MR. SANDERLIN: Just a couple.
THE COURT: All right.

REDIRECT EXAMINATION

Fre nch —  cro ss

BY MR. SANDERLIN:

said that
Q. 'Mr. French, you mentioned
oiling needed to- be dene to bo

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that--you
th kinds of



French--redirect
machines, the ditching machine and dragline machine, 
and so forth?

ft. Yes.
Q- Did you oil the dragline machine too?
A. All the time.
Q. So that was a part of your duties?
ft. I oiled the dragline more than I oiled

the ditching machine because I wanted to learn to do 
the job, because I know they used to bid on it and at 
the time it was only the white man who was doing that 
job.

So, I tried to learn it so in case 
that a bid should open after. That's why we wanted 
to join the union, so we could have some representa
tion over there, so you could have somebody to go in 
there to negotiate with Hr. George Yon for a raise
in pay for you or a better job.

Q. Now, you are saying that there was no
difference made in terms of oiling between the 
various machines; in other words, the dragline 
machine was oiled, needed to be oiled, and you all 
oiled that just like any other machine? 

ft. Yes.
MR. S'.'TDirRLIH: Thank you.

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1 iIi
*

----------- ----- — ------- ■

THE COURT: Just one minute, please.
This bid that you put in--what is the

other man's nanc— Mason?
MR. SANDERLIN: Yes, Your Honor.
THE COURT: These bids that you and

Mason put in were bids that you put in to the union?
THE WITNESS: To the Drainage Depart-

• ment— we was in the union; all the foremen over there
is in the union.

THE COURT: But you were not in the
union?

THE WITNESS: No.
2/2 THE COURT: You weren't bidding v/ith

the union? The union did not have anything to do
with your bid?

THE WITNESS: No, sir, that's why we

1
say if a holiday come in and if we don't work, we
don't get paid; but if the boss man works, they get

• double time, and if they don't work, they get
straight time. So, we wanted to go into the union.

THE COURT: What you are saying to me
! is that the request for the bids or the opportunity

.to bid was from the corporation, the sugar company,
and not the union? Is that what you are saying to

• j 7

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sirTHE WITNESS: Yes,
THE COURT: Does that indicate the

necessity for any recross?
HR. KELSO: No, Your Honor.
THE COURT: You nay step down.
We will be in recess for lunch.
Mr. French, cone back up here, please, 

and have a seat. You are still testifying under the 
same oath.

THE WITNESS: Yes, Your Honor.
THE COURT: You testified a little

f t

earlier that each dragline had an oiler attached to 
it?

THE WITNESS: Yes, sir.
THE COURT: And he stayed with the

dragline?
THE WITNESS: Yes, sir.
THE COURT: And he did not leave the

dragline to go to other duties but he stayed right 
there?

THE WITNESS: Yes.
THE COURT: And it was his duty to oil

the dragline--
THE WITNESS: Yes.I
THE COURT: --and to move these

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nilings or ties or whatever it vTas that the fir a g line

walked on?
THE WITNESS: Yes, sir.
THE COURT: And then later you testi

fied that you oiled the dragline all the time. Mow, 
explain to me where the dragline oiler was while you
were oiling the dragline.

THE WITNESS: That dragline oiler did
quit.

THE COURT: He quit?
THE WITNESS: Yes.
THE COURT: When did he quit?
THE WITNESS: He quit and bid for—

they put the job up on a bid but most of the time 
these oilers over there--when we go to the morning 
time, those oilers and the operators, they hold a 
conversation over there and we have to do the oiling.

THE COURT: In other words, the oiler
was there but he was not oiling?

THE WITNESS: He was not doing the
oiling job. I'm the one that they have doing it.

THE COURT: Who told you to do it?
THE WITNESS: The boss man.
THE COURT: Does that open up any

cross or redirect?

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_____________________________._________________ |_eo
i

MR. KELSO: No, Your Honor.
THE COURT: You may take your seat.

Thank you.|
(Thereupon the witness 
was excused.)

I THE COURT: Gentlemen, we will
/ :reconvene at. one-thirty and we will go until four- 

thirty. We will recess at four-thirty ana reconvene 
in the morning at nine o’clock.

I announce this to you now, gentlemen,
so that you can make your plans accordingly.

All right, we will be in recess until! //one-thirty.
(Thereupon the trial was recessed 
for the noon lunch, to reconvene

i

at 1:30 p.m. of the same day.)

||

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AFTERNOON CCSSION
Hiami, Florida 
June 5, 1972 
1:30 p.m .

(The trial resumed pursuant to 
recess, and the following pro
ceedings were had:)

THE COURT: Mr. Sanderlin, you may
call your next witness, please.

MR. SANDERLIN: Thank you, Your Honor.
At this time we would like to call 

Mr. James Franklin.
THE COURT: How do you spell his last

name?
MR. SANDERLIN: F-r-a-n-k-1-i-n.
THE COURT: Thank you. You may

iproceed.
THEREUPON—

JAMES FRANKLIN
was called as a witness by the Plaintiffs and, having 
been first duly sworn, was examined and testified as 
follows:

THE CLERK: Please state your name,
address and occupation.

THE WITNESS-: My name i

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!_________________________________________________________________________
■Franklin. My address is Clewiston, Florida, Route 2, 

Box 131, Florida Avenue in Harlem.
DIRECT EXAMINATION

BY MR. SANDERLIN:
(\ And your occupation? $
A My occupation i3— well, I'm not--you 

mean am I employed or anything?
Ql Right.
A Well, I'm not employed at the time.
(X Now, were you at any time employed at

the United States Sugar Corporation?
IT

A Yes, I was.
Qt when were you first employed?
A I believe it was along 1965.
& Where did you work when you were first

employed there?
A I worked at the Bagasse Department.

THE COURT: What department?
THE WITNESS: At the Bagasse Depart-

me n t.
BY MR. SANDERLIN:

What did you do in that department?
A I was a laborer in the Bagasse Depart

ment. When the bagasse is, you know, coming down
the three wirs3, I, have to .take a pitch.

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Prank1in--direct

it back up into something like a mill.
a What is this that you call "bagasse"?
A. It's cane that's been--all the juice

has been ground out of the cane. \

0 ' This is the leftover from the cane?
A. Right.
0- How, is this part of what is called

the mill itself, this department?
A. I think it'3 part of the mill.

ft Now, what was your job title?
A. What my job title was?
ft Yes.
A. Well, I don’t get you on that.
ft What was your job title in the Bagasse

Department?
' A, You mean all the jobs?
ft Ho, the job that you did.
A. The job I did?
ft Yes.
A. I was a laborer.

\
ft That was your job title or classifi-

cation?
A. Right.
ft Hew, who did you work v ••

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A. Who did I work up under? Well, the
head foreman was Joe Dominguez.

q. And who was the next under him?
A. I don’t know hi3 name, but think his

name was Taylor. I think we called him "Taylor."
He was my foreman.

Franklin--direct

&
ft.

&

Was there anybody else above you? 
He wa3 an assistant.
Was there anyone else after the

assistant?5
A There was a press operator, two press

operators, one on each press.
'■> h r . KELSO: Your Honor, I object to

this line of questioning unless it is shown how it
j (

will tie into the claims in this case of laborers.
THE COURT: Counsel —
MR. SAHDERLIN: Number one, Your Honor,

we are introducing this evidence, one, to show the
history of this particular employee’s employment in
United States Sugar.

Now, he has worked in the Drainage
Department, so we will be going from this department
to his work in the Drainage Department.

E COURT:. Let’s find . V, v' V  ■>

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Frank1in--direct
i  »v/ent to the Drainage Department and get right into 

that, please.
MR. SANDERLI1J: Okay.
THE COURT: You nay proceed.'

BY MR. SAHDERLIN:
Q, Did you at sons time transfer to the 

Drainage Department?
A. Right. I got a transfer. I believe 

it was the last--about the first of '67.
Q. The first part of 1967 you went to the j*

Drainage Department?
A, Right.
Q. Okay. Nov/, what did you do in the

D r a i n a g e  D e p a r t m e n t ?

A. I started off as a laborer.
' 0- And what did you do as a laborer there?

K I was raking ditches.
o. But you said you started out as a

laborer?
A. Right. I was doing labor work.
& What was your position when you left

the company?
A.
0

When I left the company?
Y:.j. I'll ask you this-

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Franklin--direct
t.he Drainage Department when you left U. S. Sugar 
Company’s employment?

A. What wa3 my position?
Ql Yes, *
A. I was on the dynamite crew when x left 

the sugar company. When I was fired, you mean?
0. Well, if that's how you left—
A. I was on the dynamite crew.
q. Were you a laborer then?
Aw Right.

<5

THE COURT: Let's fix a date on that,
please.
BY MR. SANDERLIN:

g Y o u  m e n t i o n e d  t h a t  y ou  w e r e  f i r e d .

What d a t e  was t h a t ?

A. I don't know’ the specific date but I
know it vras somewhere up in October.

THE COURT; What year?
THE WITNESS: 1968.

BY MR. SANDERLINs
q Could it have been towards the end of

October?
A Yo g , I believe it was somewhere along 

the end of Octobr.

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Frank1 in--direct
ql So we are towards the end of October?
A. Right.
0. Now, what brought this about? Now did

that happen, your being fired? ^
A. • Well, we went out one Saturday to load

some ties, some small cross-ties and large crcss-ties 
that he had cut up. We had not been working on 
Saturdays.

q. What kind of crew were you working
wi th?

A. I was working with the whole labor-- 
black--Drainago Department crew.

(X What, specifically, were you all work
ing on at this time?

A. We was loading cross-ties on a dump
truck to go into the mill.

(1 All right. Nov;, continue.
A. And then this fellow, B.J., told us-- 

that Saturday morning he come out to the house. He 
3aid, "Cluie Hancock wants you fellow's to go load 
some cross-ties."

I told him that I couldn't go today.
He said, "If you don't go today, it*3

no reason for you to come back Monday.

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Franklin--direct

object. This is hearsay again. 3.u. has not been 
identified.

THE COURT: Who is B.J.? ^

BY MR. SANDERLIN:
Q, Would B.J. be Bartley Gray?
A. Bartley Gray, right.

THE COURT: How do you spell that?
MR. SANDERLIN: B-a-r-t-l-e-y; and

the last name, Gray, G-r-a-y.
THE COURT: Thank you.

BY MR. SANDERLIN:
Ql Who was Bartley Gray?
A. Who was Bartley Gray? I
$ Yes.
A. He’s here in the courtroom now. He’s 

a black man.

MR. KELSO: Your Honor, I am going tc

& Was he with the sugar company?
A. Was he working with the sugar company?

& Yes.
K Yes, he was.
0- What wa3 his job?
A, Ha was a laborer.
£ Now, you mentioned sen

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Franklin--direct
THE COURT: The objection is

sustained. An objection v?as made to hearsay testi
mony. I have sustained the objection.

MR. SANDERLIN: All right. \

BY MR. SANDERLIN: '
Q. Now, you are saying that on this 

Saturday you were asked to come back to work?
A. I was asked to come to work on Satur

day morning.
Q. Now, did you normally work on Saturday?

*
A No.
Qt After this, then what took place?
A After--
Q I will ask you this: Did you report

i
for work on Monday?

'A Yes, we reported Monday.
& All right. Continue with what you 

were saying about that, the activity on Saturday.
A So all of us got up and come on to 

work--I mean that Saturday.
s Q. You did go to work on that Saturday?

A Yes, went to work. And so we loaded
the ties. And so he said--

j iji 'Jho said?

J A C K  H . G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T  

M i A M I .  F L O R I D A  33101



Franklin--direct 
THE WITNESS: Cluie Hancock.
THE COURT: Who is he?
THE WITNESS: lie is one of the bosses.

BY MR. SANDERLIN: ^
Q. T h e  f o re ma n?

A. R i g h t .

Q. And y ou  w er e g i v e n  some i n s t r u c t i o n s ?

T.n* R i g h t .  He s a i d ,  "When y o u  g u y s  g e t

t h r o u g h  l o a d i n g  t h e  t i e s  and c l e a n  up some o f  t h e  

s t u f f  a r o u n d  t h e  m i l l ,  you can go h o m e . ”
<5

S o ,  I  s a i d - -  We had t o  c l e a n  up a l l

t h e  s t u f f  a r o u n d  t h e  m i l l ,  l o a d  a l l  t h e  t i e s ,  and he 

s t i l l  t o l d  us we had s o m e t h i n g  e l s e  t o  d o ,  so he s a i d ,  

" J u s t  k eep on c l e a n i n g ,  k e e p ■c l e a n i n g . "

& Flow many h o u r s  d i d  you a l l  w o r k  t h a t

d a y?
1i

A. I  c a n ' t  r eme mb er ,  b u t  I  b e l i e v e  we

made a f u l l  day  S a t u r d a y .

& O k a y .

A

go home t h e n ;  

t o  d o .

&

X

And a l s o  he t o l d  us t h a t  wo c o u l d n ' t  

t h a t  we had t o  h av e  some more cleaning

T h e n  w h a t  happe ne d?

We went and. worked the

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T

M IA M I .  F L O R ID A  3 3 1 0 1



Franklin--direct
us, and we were talking among each other. We said 
that if they're not going to treat us ngnt at all 
and we don't have no one to represent us-~m03t had-- 
they had paid so much to join the union anri I had not 
paid any money, but these fellows had been paying a 
year, paying for a year just to get into the union.

q Are you saying that this v?as the'
general attitude or the feeling that the men were 
having?

A. What you say nov/?
*

a Is this the general attitude or feeling 
that the men were having on "Saturdays”?

A. Right.
q. Then what happened?
A. So, we began to go down to Tom

Everett's house, around his house, and have a meeting 
about it.

THE COURT: Did you say Everett?
THE WITNESS: Yes, sir.
THE COURT: How do you spell that?
MR. SANDERLIN! E-V-e-r-G-t-t.
THE COURT: Thank you.

BY MR. SANDERLIN:
Q. Is Tom Everett a labor

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T £ R  

U . S . D IS T R IC T  C O U R T  

MIAMI. FLORIDA 33«oi



Franklin--direct 
A. Right.
0. And he was one of your fellow workers?
A Right.

Now, what was the general nature of 
that meeting? Now, you cannot say what people said, 
but what was the general nature of the meeting?

A Well, we was talking on the right of 
pay and the right to get to have other work, other 
jobs, be on other jobs.

Q. And what were some of those jobs?
<5

A Well, some of them was oilers.
THE COURT: Was what?
THE WITNESS; Oilers, sir. Some was 

dragline operators and ran ditch pump machines. V7o 
wanted the same rights the whites had. That's the. 
most important thing about it.
BY MR. SANDERLIN:

Q. Can you tell us what some of those 
rights were? _

A The right to make the same amount of
N.

money that they make; the right to be off on a holiday 
with pay, which I thought that the first day I was 
off on a holiday--I thought I was getting paid, but
after I seen my choc I didn't see no pay on it.

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U . S . D IS T R IC T  C O U R T  

MIAMI. F L O R I D A  3310



Franklin— direct
Q. Were there other things that you were 

all concerned about?
A. Would you repeat?
& Were there other things that you were

concerned about?
A. Yes, it was; things like being in the

union.
& So why did you want to be in the union?
A. So we could get somebody to represent

us .
& Now, this was a meeting--you say that

this was the nature of that meeting?
A. Right.
& Then what happened?

i
A. So we all--we had talked it over again

with each'other and everybody got up and made a 
speech about what we were going to do tomorrow, and 
so that we would go out and pick Leon for a speaker.

& Okay. Go ahead.
A. So, we went on to work that next

morning.
& Now, this would be a Monday morning?
A. Right.
0- What t i m e  did you  arrive?

JACK H. GREENE
O F F IC IA L  C O U R T  R E P O R T E R  

U . S . D IS T R IC T  C O U R T

M I A M I .  F L O R I D A  3 3 1 0 !



94
I
i

F r a n k l i n - - d i r e c t

[ (
A .

. •
I  w o u l d  say  a b o u t  a q u a r t e r  a f t e r  s i x .

& And w h a t  time do y o u  n o r m a l l y  go to

! '
•  ̂ . |

w o r k?

A . A t  a b o u t  s i x - t h i r t y .  '*

i . a You g o t  t h e r e  a b o u t  a q u a r t e r  a f t e r

' . i s i x ?
• ; i

•  i A. R i g h t .

& What  happened t h e n ?

A . W e l l ,  G eor ge  Yon was s t a n d i n g  a r o u n d
i

when a l l
*

o f us p u l l  up and g o t  o f f  t h e  t r u c k .

Q. Who i s  G e o r g e  Yon?

A. T h a t ’ s one o f  t h e  b o s s e s .

's
Q. Do you  know h i s  t i t l e ?

A. (No r e s p o n s e )

& Do y ou  know h i s  t i t l e  w i t h  t h e

company? '

A . A l l  I  know i s  t h a t  he was o v e r  t he

• D r a i n a g e D e p a r t m e n t .

& He was head o f  t h e  D r a i n a g e  D e p a r t m e n t ?

A . R i g h t ,  head man o v e r  t h e r e .

& Now, c o n t i n u e .

A . A l s o ,  we a g a i n  asked h i r a - - w e l l ,  Mason,

he b e g i n t o ask h i m .  He was d o i n g  a l l  t h e  t a l k i n g ,

• II so ne v:a
i

s a sking him a b o u t  - a r a i s e ,  you •, uu.

•

JACK H. GREENE
O F F IC IA L  C O U R T  R E P O R T E R  

U. S . D IS T R IC T  C O U R T  

M I A M I .  FLORIDA 32101



Franklin--direct
ask him about the rights, so ho. said he couldn’t talk 
on that day.

MR. KELSO: Your Honor, I object to
the generalities as to the conversation and* I would 
ask the witness to testify as to exactly what was
said.

THE COURT: Mr. Witness, tell us, as
nearly as you can remember, who did the talking and, 
as well as you can remember, what he said. Also, we 
would like to know who was present on this occasion,

■Si

as well as you remember.
THE WITNESS: Who else was present?
THE COURT: Yes. Who was present?
THE WITNESS: Farney Franklin--he wan

present. Tom Everett was present. Buster Everett 
was present. James Baxter was present. Samuel 
Johnson was present. Leon Mason and also Clinton 
Moore.

THE COURT: Are those people whom you
have named laborers in the Drainage Department?

THE WITNESS: Right.
THE COURT: Who was there on that

occasion that represented management? Who was the 
boss who was present?

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O F F IC IA L  C O U R T  R E P O R T E R  

U . S . D IS T R IC T  C O U R T

M I A M I .  F L O R I D A  33101



Franklin--d irect
THE V7ITNESS: It was Cluia Hancock

BY MR. SANDERLIN:
*

0. Anyone else from management V:here?
A ‘ Not that I can remember.

THE COURT: Where was this gathering?
THE WITNESS: It was right out into

the shop.
BY MR. SANDERLIN:

$ Can you describe where it was?
A Well, they have a big--sort of a large

building.
& What do you call that building?
A. We call the whole thing a shop.
Q. And is the Drainage Department inside 

of that building?
A Right.
Q Continue.
A So, Mr. Yon’s office sits off in the 

corner of that 3hop.
(X By the doorway?
A It was an open building and he just

had a-“Something like--I would say a room built right
in the corner of it, just like this bui

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U .  5 .  D IS T R IC T  C O U R T

M I A M I .  F L O R I D A  33101

and also Mr. Yon.



Franklin--direct
here. His office was setting right in that corner.

(X Where were you and the group that you
were with?

A. we were standing around George ' i o n .

All of us were standing around, you know, listening 
to the conversation.

q. Now, as close a3 you can tell us, what
was that conversation?

A. Well, that conversation was about the
raise.

what.
THE COURT: Just tell us who said

THE WITNESS: Well, Leon Mason said--
first he said, "Mr. Yon, I would like to talk to you
a few minutes if you have time."

So, Mr. Yon coroe and talk to him, so 
I left the rooro; but he asked him about the raise.

THE COURT: Were you in there?
THE WITNESS: I was standing around.
THE COURT: But could you hear?
THE WITNESS: I could hear sone of it

but we had like a big circle and I didn’t hear every
thing real clearly.

THE COURT : . Tell us what . ha3ru .

J A C K  H.  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T

M I A M I .  F L O R I D A  T 3 IO J



Fran k 1 i n - - direct
THE WITNESS: Well, I heard hin asking

:
about the raise and the right to be in the union, and

|
| he told hin--this is the part that I heard--tl:at he 

told him that he would see him some other tine, so 
| then--so Mason said, "Let's go hone," so we went hone. 
! BY MR. SANBERLIN:

£ Do you recall what Mr. Yon said? 
THE COURT: Is that Y-o-u-n-g?
MR. SANDERLIN: Y-o-n, Your Honor
THE COURT: Thank you.
THE WITNESS: Now, what--

3Y MR. SANDERLIN:
0- Do you recall what Mr. Yon said?
A. Do I rocall it?
& Yes.
X What did he say?
Q. Yes .
A Well, what he said is--
& You ̂ aid that .Mr. Mason asked Mr.

about the raise and the right to be in the union?
A. Yes, ha said, "I’ll see about that 

some other time."
Q. Was anything else said?
X Not that 1 can raner-h .

J A C K  H .  G R E E N E
O F F IC IA L  C O U ^ T  R E P O R T E R  

U .  S . O IS T R ’.C T  C O U R T  

M I A M I .  F L O R I D A  3 3 t o t



Franklin — direct
g. Then what happened?
A. So everybody said at the same time,

"Man, let's go hone," so we start walking down the 
railroad track, so everybody left but D.J. We live 
right across the tracks from the Drainage Department, 
so after we got home, X think they sent a notice —  

they sent a notice by G. Small.
Cl Who is G. Small?
A. He was over the sugar company houses

that we stayed in.
q. Housing?
A. Housing. He is what they call the

rent collector. That's what he was.
CX What was the substance of that notice?

MR. KELSO: Your Honor, X object to
that. If it's a written document or oral notice, it 
should be pinned down specifically.

THE COURT: What kind of notice was
it, in writing or verbal?

THE WITNESS: It was writing, writing
with all of our names on it.

THE COURT: Did you see it?
THE WITNESS: Yes, he had it out there

to the car. I come out to tho car r.rd * talk- : i him.

J A C K  H . G R E F .  N E
O F F IC IA L  C O U R T  R E P O R T E R  

O . 5  D IS T R IC T  C O U R T  

M I A M I .  F L O R I D A  3310)



Franklin--direct
I

BY MR. SANDERLIN:
0

it read?
Was this notice given to anyone or was

A They said they had a special notice to
give the guys, but I didn't see it.

Cl It was a piece of paper? You are 
saying Mr. Small had a piece of paper in his hand?

A
it.

He had a sheet with all the names on

& Did he give it to anyone that you saw?
<

A No, he didn't give it to anyone that
I saw. >

a What did he do with it?
A Well, I really don't know what he did

with it, not with the sheet.
•d Did he read it to you?
A Yes, he read the big sheet to me.
0 Now, what did you get from his reading

of it to you?
A He read the sheet that they would give

so much time for us to cone back to work.
& Do you recall hov much time that was?
A No, I can't remember how much time.

I don’t k n ov if it was a day or week or rs ally

J A C K  H.  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R

U . S . D IS T R IC T  C O U R T  

M I A N ' ! .  F L O R I D A  33101



10

Franklin--direct
whatever it was.

I can't remember how much time it was. 
They said that if we don't be back to work at a 
certain time, that all of us would be fired.

Q. Then v/hat happened?
A. So, we waited around there. I waited 

at home. So, we was just talking, you know, and some 
guys said, "Any of you all going back? 1 3.J. is the
one that asked me was we going back. I told him that
I wasn't planning on going back, you know, if they*
treat you like a dog.

Q. Well, v/hat did you do?
A. VJhat did I do?
Cl Yes.
A I just stayed home. I didn't do any

thing else. I just stayed there.
Q. Now, did you at any time go back to

the sugar company?
A. Yesc but I went back about--I believe 

it v/as about four months later.
Q, Did you have any pay coning?
A Yes.
Ql Did you go back for your pay?

• 9 r*r>>,£c\ to n *.cv. ur -y p-y •

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T  

MIAMI. F L O R ID A  33101

V-*



Franklin--direct 
(\ And when was that?
A I believe it was that Friday, that 

Friday after I got ny discharge. That Friday I went
back to pick up my pay, but they had took all the pay
I had coming, and it was the "biggest check" I ever 
had since I worked the Drainage Department.

q. How much did you receive?
A Not anything. They took it all.
q. well, you said you received your pay.

Didn't you receive a chock?
A I got a paycheck but not with any

money in it, just goose eggs,
Q. Zero, zero, zero?
A Right.
Qi Did you seek employment then somewhere

else?
A Yes. I went around and I tried to

the Flood Control but the only thing he told me is 
that they didn't need anyone.

MR. KELSO: Objection, Your Honor.
He should identify the speaker.

THE COURT: The objection is sustained
Tell us whom you were talking to.

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O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T  

M IA M I .  F L O R ID A  33IOI



1 110 3

•

j

Franklin--direct
BY MR. SANDERLIN:

1 & You said that you went to Flood

1
1
Control?

A. Right. I talked to Mr. Simmons, the
manager cf Flood Control.

ft And did you ask him about employment?

• A. Right.
• ft What happened?

A He told me that they didn't need
anyone.

<*
& Did you go any other place?
A We went down to Burnup and Sims.
ft Where was that?
A That was in West Palm Beach.
ft Did you find employment there?

1 • A Yes, I found employment.
ft What kind?
A Well, first I started off--I started• off the first day and I was helping making manholes.

THE COURT: Tell us when. When did
you gat employment with Burnup and Sims in West Palm
Beach?

THE WITIIESS: Let's see. That was

•  ̂■» ̂ *■Q. W V.A ̂ -.reo months later, after I left the -rgar

J A C K  hi. GREENE
O F F IC IA L  C O U R T  R E P O R T E R

u .  s .  District court
1 M I A M I ,  F L O R I D A  33 IO I

I 1



3/1

|104
F r a n k l i n - - d i r e c t

company.
MR. KELSO: Your Honor, at this time

I an a little bit baffled as to the sense of the 
testimony of Mr. French concerning his subsequent 
employment, and I thought later, perhaps, the Court 
va3 misled in that he was one of the plaintiffs and
that the back wage claims--

THE COURT: Well, he is not a plain
tiff? French is not a plaintiff?

MR. KELSO: French is not a plaintiff

here, sir.
THE COURT:> I understand.
Now, you are employed at West Palm 

Beach then some three months later, is that correct?
THE WITNESS: That's right.

BY MR. SANDERLIN:
Ql At the time that you worked for the

sugar company, how much did you earn?
A. How^much did I earn a week or hour?
q. well, whichever way you can describe

it best.
A
o.

I was making $1.65.
Was this the pay that you started with?
Right.

J A C K  H .  G R S E N E
O F F IC IA L .  C O U R T  R C P C P T E R  

U .  S . D IS T R IC T  C O U R T

MIAMI. FLORIDA 33501



Franklin-“direct
Q. Now, how nuch did you receive at

Burnup and Sins?
I A. I received two and a quarter starting

i P a y  •
MR. KELSO: I object, to this line of

q u e s t i o n i n g  as being irrelevant.
THE COURT: Sustained.
MR. SANDERLIN: Your Honor, one, the

plaintiffs have alleged here a pattern and practice 
of discrimination.

V7e have alleged that the men did not 
get their employment that they sought. They didn't 
get their promotions or whatnot; and in order to do 
this, we have to go into the qualifications of people,
into their job ability.

Now, we have not been able to ascertain 
from the records what kind of qualifications ware 
needed for jobs, so we are having to go into great 
detail to show that, these men were able to do other 
types of jobs, other kinds of work, to show that they 
possess the qualifications for doing work inside of. 
the company.

B u r r. u
THE COURT:

5; some thr-.io

We 11, what he did at
months la car r . \ y  have soma

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U .  S .  01 S T R IC T  C O U R T  

MIAMI. F L O R . O A  33101



Franklin— direct
remote bearing on that, but the best way to go at 
that with this witness is to ask him how much educa
tion he had, what job experience he had also besides 
this place, and than we can find out what h*.s quali

fications are.
MR. SANDERLIN: Thank you, Your Honor

BY MR. SANDERLIN:
0 How far did you go in school?

A. Eighth grade.

&*
Now, have you taken any kind of train

ing since you left school?
A. Any kind of training?

& Yes.
A. Well —

THE COURT: Are you talking about
before he'is severed with the sugar company?

MR. SANDERLIN: Yes, sir.
THE COURT? Make that plain to him.

BY MR. SANDERLIN: _
Q. After you left school, did you take 

any other kind of courses or any kind of training, 

either on the job or at school?
A.

0.

After I left school?
Yor,, and hefore v;orkir.g

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U. S. D IS T R IC T  C O U R T  

M I A M I .  F L O R I D A  33101



10 7

•
•

F r a n k l i n - - d i r e c t

(
S t a t e s  S u g a r .

V 4"

A. No.

0 What k i n d  o f  j o b s  d i d  you have b e f o r e

wo r k i n g  a t  t h e  U .  S . S u g a r  Company? *

father

A. • What  k i n d  o f  j o b  d i d  I  h a ve ?

Q. Y e s .

A. well, I  was m o s t l y  w o r k i n g  f o r  my

Q. D o i n g  what ?

A. W e l l ,  I  w o u l d  p r o b a b l y  be o v e r  a cr ew,  

g What  was t h e  c r e w  s u p p o s e d  t o  be

d o i n g ?

t o m a t o e s  ?

A.
a
A.
0

Y e s .

A, I t  v;as w o r k i n g  i n  t h e  f i e l d s ,  d i f f e r 

e n t  t y p e s  o f  w o r k .

THE COURT:  What k i n d  o f  w o r k?

THE W I T N E S S : F a r m i n g  w o r k ,  t o n a t o e s .

BY HR.  SANDERLIN:

q. You mean p i c k i n g  t o m a t o e s ,  g r o w i n g

How many p e o p l e  w o u l d  be i n  t h i s  c r e w?  

Maybe t h i r t y - f i v e ,  maybe t h i r t y .

What  r e s p o n s i b i l i t y  d i d  you ha ve  w i t h

this crew for your f * h or*5

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O F F IC IA L  C O U R T  R E P C P T E R  

U . S . D IS T R IC T  C O U R T  

M I A M I .  F L O R I D A  3310*



A. I would see that they picked the right 
ones, take care of the vines, and see that the 
baskets is full,

Q, You mean the right amount going into 
the baskets?

K Right; and also checking the tomatoes, 
checking like you pick so many baskets and check and 
see how many you picked, how much your money come3 to, 

0. You mean to figure out the amount of
pay to be received?*•

it Right.
q. Now, since you left the sugar company,

what kind of jobs have you had?
A. I had a job working for Bishop Farms

over in Lake Harbor, Florida.
' q, What was your job there?
A. I was to take the men to the field,

Jamaicans, and when the Jamaicans get cut, I would 
take them to the d-octor and see that they get waited 
on; and also when the men didn't work, I had to go in 
there--they'11 send me in to talk to the men and see 
if I can get them to go to work and see what their 

j problem was. Then, you know, I just take all the men 
to the field and I go and bring water, anything that

J A C K  H . G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R

Franklin--direct

U .  6 .  D I S T R I C T  C O U R T

M IA M I .  F L O R I D A  3J!Ol



I was standing by, you know, to nslpthey needed.
bandage if one gets cut, and I would help bandage him 
up, try to do what I could, anyhow, to stop tho

Now, have you had any other jobs.-- 
Yes, I had a job in Dania, Florida. 
Doing v/hat?
Construction.
What did you do there on this construe-

I was a roatmaker, making mats.
Did you know how to do that before you

No.
Did you learn to do that there?
Yes .
How did you learn?
Well, one of the fellows that worked 

there— he showed me how to make the mats.
Q. What are "mats"?
A. They are small pieces of wire that go

into— like building a floor, a foundation, how they 
lay the wire. We was making precast for some kind
of oiling for one of the hotels ever in . *ni.

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bleeding.
£

I ,

Q.

A.
Q-

tion job?
A.
Ql

went there?
A. 
0 
* A.
&
A.



Franklin--direct 
I can't think of the none.

Cl All right. Now, what is involved in 
the making of mats or precasting?

A. Well, making the mats--they got to be 
cut, like he said, that "It got to be a quarter of an 
inch," and he might say, "Make me a mat 30 feet long,
8 feet wide." I!e might tell me, "V7e want you to make 
up so many mats and we got to ship mats out."

Q. What are some of the things that you 
had to learn in order to do this job?

(F. A. I had to know math to do this job.
I had to know something about math because it was a 
lot of different things like I wanted to cut nine 
inches; square, and it might be cut 30 feet long, so 
many inches this way and so many inches that way, and 
you had to know what you're doing to do the job.

$ Did other people work with you?
A. Yes; after I had learned the job so

good they give me one of my brothers, a younger 
brother.

They give me four more guys. They said 
that the only thing I was to do is mark the mats 
where to be cut, mark the mats and tag the mats and
out t%a number on the mats, where they go, and to

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Franklin--direct

i | 
1

set back and look.
ft These fellows were to make them up?
ft. They make them all up. All 1 do ,'ould

be to mark them, where they were to be cut and would

| be tagged and go.
, ft Would you be responsible for hew they

• made them up?
• ft. Right.

q .  in other words, you were responsible
for turning out the finished product?

A. Right.
! ft Now, at the sugar company what kind of

work did you do?
A. What kind of work did I do?
ft Yes. Describe it.

‘ a. I raked ditches, oiled the ditch
% machine. Also, we checked the oil in the transmission.

• Q. Transmission in vhat?
A. Of—the ditch pump machine. Also, we

had to check the end of the pump to see if it was 
running hot; you knov?, if there was something wrong 
with it, you know, and then it was a lack of grease; 

i it needed greasing.

•
ft Okay. ■•hat. were seme of ■- i c  o t - . - . r

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Frankl in--direct
things that you did?

A. Well, I war.--I started out on a 
dynamite crew later on.

P Did you know anything about dynamite 
when you first went there?

A. No, sir.
P What was your job, your function in

the dynamite crew?
A. Well, I was— when I first come out 

there, they told me to learn how to make them up.
P What is involved in making them up? 

Did anyone teach you how to make them up?
A, Yes, my brother-in-law, James Earl

Baxter.
p James Earl Baxter taught you how to 

make them up?
A. Right.
(I Who is he?
A. He i-s my black brother-in-lav/, James

Earl Baxter.
0- Is he a laborer?
A. Right.
P What is involved in making up the

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A. What's involved is that you have a 
little stick, sharp. It's made like a pencil.

You have to take the stick of dynamite 
and dig the inside out whore you can put your cap in 
for blasting, so yo\i would make up--if he said, "Make 
up a box of dynamite," and we've got so many feet to 
shoot--so I would make up a box of dynamite and then 
I would lay them over to the other fellow who's 
shooting the dynamite.

So, I had learned to make up the 
dynamite. Then I had to go, you know, in the hole 
where they shoot the dynamite, down in there, loading 
the pipe, the "tube" they call it.

0. Are you saying "tubes"?
A. Loading the tubes.

' Q. Loading the tubes--you mean putting
the dynamite down in the tubes?

A. Right.
Cl You- say that this is sometime under

water?
A. Sometimes you would be trying to load 

the tube. Well, when you load the tube, sometimes it 
would get so soft that you would go under to try to
get the pipe down in tkrro,

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Franklin— direct

(\ You go under what?
k Under the water. It was really mud 

and water. It was. not too much water because I had 
mud all the way up to here. I mean, you couldn't 
even tell who I was, you know.

$ Now, you go down in there and then you
load the tube; is that for the dynamite? 

k Right.
0 And then what is the next step?
k Well, let me start it off a little

«

plainer.
0. All right.'
k First, this guy would drill a hole.

After he drilled the hole — the hole is in the mud, 
muddy water, and I got to turn my arm a little bit 
to try to find this hole to put this tube in, and 
sometimes I found the wrong hole.

So, it would get pretty bad for me 
and then this fellow — Slim Rutland--he started to 
cussing.

Q. Who is Slim Rutland?
k He is one of the foremen over the

dynamite crew I was working with.

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Franklin--direct
sometime I have to take my hand and take a rock out 
if it's in there, too big a rock, and I have to pull 
the rock out of the hole where I put this tube down 
in.

After I put the tube down in there, 
then I load so many sticks of dynamite there and then 
if I'm working a tube and was short of men, I have to 
help tie the wire and gat the charge hooked up.

Q What is tying the wire?
ft. That's tying the wire onto the cap.
Q, The end of the wire is hooked onto the 

cap? *
ft. Ye3.
q. And what happens to the other end of

the wire?
'A You hook that to the other part of 

the cap, you know, the other part of the cap, of the 
other wire, so you can send the charge off. We call 
it a "connection.’* You have to connect your wires, 
you know, so far, whenever you set your charge.

Q. And then would you ignite the dynamite
or would you set it off?

A Would you repeat that, please?
■p. Would yon set the dyr. ."' i : c ff ?

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F r a n k l i n --direct
A No,  I  w o u l d  not.
& And who w o u l d  s e t  o f f  t h e  d y n c i n i t e ?

A. M o s t l y ,  S l i m  R u t l a n d  \ ; o u l d ,  t h e  f o r e -

ma n.

o. D i d  y ou  e v e r  wor k  i n  t h e  d i t c h i n g

d e p a r t m e n t ?

A. T h e  d i t c h i n g ?

& Y e s .

A. Yes .

0-<5
V7hat d i d  y ou  do i n  t h e  d i t c h i n g  d e p a r t -

ment?
A, I  was r a k i n g  d i t c h e s .

& Now, d i d  y ou  e v e r  w o r k  i n  t h e  m e c h a n i c s

d e p a r t m e n t  o r M e c h a n i c ' s  Shop?

A M e c h a n i c ' s  Shop?

& Y e s .

A When t h e  pump w o u l d  come i n ,  v?e w o u l d

h e l p ,  y ou  know,  t a k e  t h e  l e g  o f f  t h e  end o f  t h e  pump.

I  w o u l d  h e l p .

& D i d  t h e  D r a i n a g e  D e p a r t m e n t  h av e  a

mechanic?
A R i g h t .

* And what was the mechanic's job?
A What was t h e  m e c h a n i c ' s  job--to f i x

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Fr anklin--direct

the pump when we got it in most times.
q. When you say "get it in," you mean

what?

the shop.
h. We would bring the whole machine into

q. Would it break down?
a. Right. The pump--we have to take the 

whole pump off. They have to bring the machine into 
the shop.

q, And who would do that?
tr,

A. They had a fellow that they call 
"Big Willie."

q, who is Big Willie and what does he do?
A. He was one of the Low Boy operators,

3

Big VJillie, and this other fellow was a white fellow. 
I can't recall his name.

q, The pump is brought in by--
A. By a Low Boy operator.
Ql Did you assist in any part of the work 

with the pump?
K Most of the time me and Sam would 

take— we would take the pump apart.
Q. When you say "Sam,” who is Sam?
A. Samuel Johnson.

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• Franklin--clirect

11 (1 Is he an employee of the Drainage
Department?

A. Yes, he was my rake partner.
Q. And what do you mean by that?
A. V.Te v/ould rake ditches together. We

were both laborers.

• Q. All right. Describe it further.

! A Me and Sam would take the pump, and
our foreman, Frank Lamar (phonetic)— he would say,
"You and Sam get 29/16ths and take that leg loose."

Q, Leg on what?
A. Leg on the pump. It was something like

a propeller, and we had to first take all the bolts
out around this thing that would hold the propeller
in.

So, after we take it off, he would
tell us to clean it up, get it scrubbed, brushed,

• you know, and clean up the different parts. That's
about all.

Qt While working there, did you observe
any facilities, rest room facilities, \vater fountain,
at the sugar company?

A What do you mean?
» q. Did you see-water fountains around?

j
1

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F r a n k l i n - - d i r e c t

R. Y e s .

THE COURT:  F i n d  c u t  when he l e f t

t h e r e ,  p l e a s e . L e t ' s  f i x  t h e  d a t e  when he l e f t  t h e r e .

BY MR. SANDERLIN:
a When d i d  you l e a v e  t he  s u g a r  company?

A. When I  l e a v e  t h e  s u g a r  company?

& Y e s .

A. Sometime i n  O c t o b e r .

ft Of w h a t  y e a r ?

k ' 6 8 .

ft Nov/, d i d  y ou  ha ve  a n y - -  Of  t h e

f a c i l i t i e s ,  d i d  y ou  e v e r  use t h e  f a c i l i t i e s  t h e r e ?

k X used v/hat y o u  c a l l  t h e  " B l a c k  r e s t

room.
3

ft What do you mean by  t h e  " B l a c k "  r e s t

room?

A . What I  mean by t h e  " B l a c k "  r e s t  r o o m - -

t h e y  have one on t h i s  s i d e  o v e r  t o  t h e  s h o p ,  o v e r  t o  

t h e  p . M . S .  S h o p - - I  g u e s s  t h e y  c a l l  i t - - a n d  t h e y  have  

one on one s i d e  f o r  t h e  w h i t e s  and one on one sicie 

f o r  t h e  b l a c k s .

ft Was i t  marked?

k X c o u l d n ' t  remember  i f  i t  was marked

b u t  I  sean a l l  the whites g o i n g  i n  t h a t  one and t h e

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Trank 1in--direct

black was on this side.
0 Did you over see any whites in the

black one?
f t .

ft.

0

NO .
Now# how about the water fountain?
V7ellr the water fountain is —
I'n asking you, at Bryant did you have 

occasion--did you have occasion to be there?
ft. i was over at Bryant. I was a

substitute truck driver, also.
MR, KELSO: Your Honor, the time at

Bryant, was considerably before the period of the
civil Rights Act. I object to that.

THE COURT: Are you talking about the
1964 Civil Rights Act?

MR. KELSO: Either that or the
statute of limitations under the. later Act--under 
both of then--it would be before the relevant date.
BY MR. SANDERLIN:

What year are we talking about, that,
is, that you were at Bryant?

ft. About 1963, right before we got fired. 
q. What happened over at Bryant?

tr'

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Franklin--direct
my brother Farney, Ton Everett. I believe that was 
all.

So, they had us over there hauling 
and moving dirt from the nill--frcn the shop over to 
the mill/ over to the side cf the mill. So, I stopped 
one day at the shop. I was thirsty. I said that 
I'll get a drink of water, so I walked into the shop-*- 
I mean/ I didn't know and I walked into the shop.

I was standing at the water fountain. 
There was a bunch of white guys standing there in 
front of me and I was trying to get a drink of water.
I was standing there waiting for them to drink their 
water and leave. So, they drink and stand and look 
and talk. I don't know if they were talking about 
me or not.

So, I begin to get a little closer, 
you know. So, I was standing there and they kept 
standing and looking, and then this guy comes up to 
me and he told put, said, "What are you waiting on, a 
drink of water?"

I said, ''Yes.”
MR. KELSO: Your Honor, I think he

should identify who is speaking.
THE coo: Y: .The objection is sustained.!

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BY MR. S ANDERLIN:

q. D i d  you d r i n k  a ny  w a t e r  t h e r e ?

A No.

q Why d i d n ' t  you  d r i n k  any  w a t e r ?

A B e cause  he t o l d  ne t h a t  he had t h a t
I

can s i t t i n g  o v e r  t h e r e  11 f o r  y o u  a l l . "

q. What  was t h a t  can?

A I t  was —

MR. KELSO:  O b j e c t i o n ,  u n l e s s  we

i d e n t i f y  t h e  s p e a k e r .
i t

BY MR. S ANDERLIN:

Q. Do y o u  know who i t  was t h a t  t a l k e d  t o

you?

A A l l  I  know i s  he was w h i t e .  I  d o n ' t

know any  o f  t h o s e  b o s s e s  o v e r  t h e r e .

$ He was a b o s s ?

A I  d o n ' t  know any  o f  t he m.  I f  he was

a b o s s ,  I  w o u l d n ' t  know.

q. Was he an e m p l o y e e  o f  t h e  company?

THE COURT:  Ke d o e s n ' t  k n o w ,  so d o n ' t

pre33 that.
T h e  end r e s u l t  was t h a t  he d r a n k  o u t  

o f  a b u c k e t  o r  can o r  s o m e t h i n g  o v e r  t h e r e  i n s t e a d  o f

the fountain. I’ve got ths picture

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Franklin--direct

need to kick that around any more.
BY MR. SAHDERLIN:

q. And. after you left Bryant, what did
you do?

I A I went on back over to the shop in 
Clewiston, the Drainage, and I got out of the truck 
and Cluie Hancock sent for me to come in the office,
in Mr. Yon's office.

So, I went into Mr. Yon’s office and 
they had gotten my truck number from Bryant.

How, some of the fellows--I don't know 
who they was--they said, Frank Lamar, 11 What you doing 
over Bryant, making trouble?"

I said, "Making trouble? What do you
mean?”

He said that they gave us this number 
that you were over there making trouble, over there
at the shop.

Wei1, I said that I was not making no 
trouble, that I was only trying to get a drink of 
water, that I was thirsty, that I had been riding all 
day out in the hot sun.

I said, "I just wanted a drink of
•V U  U  *

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12 4

Franklin--direct
He said, "Okay. We don't want no nore

trouble out of you now."
q. Who said that?
A. That was Cluie Hancock said that.
Q. And Mr. Yon was also present?
A Right.
Q. Was he saying anything?
A. No, he wasn’t saying nothing.
Q, But he could hear--
A Ke could hear the conversation.
Q. What happened after that?
A I just-~I ke.pt telling him that all I 

want was a drink of water. I said that I wasn't 
trying to make any trouble because I need the work 
too bad, because at the tine I just got married and

* XI needed a job awful bad, you know.
So, I went— I just, you know, after 

he got through talking, I went out the door and told 
ray brother about "It, you know.

MR. SANDERLIN: We have no further
questions

You may inquire.

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CROSS- EXAMI NA T 1 0 M

BY MR. KELSO:

ft I s  i t  a r e g u l a r  p a r t  o f  t h e  l a b o r e r s '

j o b  t o  l o a d  and u n l o a d  t i m b e r ?

A. W h a t ,  now?

ft I s  i t  a r e g u l a r  p a r t  o f  t h e  D r a i n a g e

l a b o r e r s '  j o b t o  l o a d  and u n l o a d  t i m b e r  and b o a r d s ,

and so on?

A. Mo.

ft Who d i d  t h a t  u n l o a d i n g  w o r k ?

A. I t  was on dump t r u c k s .

& D i d  y o u  ha ve  t o  l o a d  a n y t h i n g ?

A. You mean i n  t h e  D r a i n a g e  D e p a r t m e n t ?

ft Yes  .

A. S u r e .

& Who d i d  i t ?  I t  was n o t  a l a b o r e r ' s

j o b ,  was i t ?

f t . I t  was n o t  a l a b o r e r ' s  j o b .

& W e l l ,  whose j o b  was i t ?

f t . W e l l ,  t h e y  w o u l d  t e l l  y o u  t o  do i t ,

b u t  ray j o b  was t o  r a k e  d i t c h e s .

ft Was a n y t h i n g  e l s e  i n c l u d e d  i n  y o u r  j o b ?

f t . R a k i n g  d i t c h e s .  I  was c l a s s i f i e d  as

a l a t o r e r  t o r a k e  d i t c h e s  i n  f r o n t  o f  t h e  d i t c h  pump.  ;

0- VTcre t h e y  r a k i n g  :• ■. 1 t.>c t i r . ^ ,

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Franklin--cross
twelve months a year, every day?

A. No, they wasn't.
& And when you weren't raking ditche3,

did you have another job? *
A. I did what they told me to do, if I

wanted a job.
& Well, did you consider that a part of

your job?
A No, I don't.
&f.

Had you ever loaded or unloaded boards
or timber before?

A I have loaded some. All of us 
together— so many of us would load four-by-eights,
25 to 30 feet long.

0. Had you built things out of wood
before like bridge timbers? Did any of that have to 
be handled?

A Right.
& You worked on bridges?
A Right.
& Did you ever load or stack cr handle

bridge timbers?
A. We toted them off the truck, loaded 

them on the truck, but it was not our jc. ; ■ do

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Franklin--cross

Q. Whose job was it?
A. I know they told me my job was to rake

I ditches.
Q. It was nothing el3e? S
A. They didn't say nothing else right

then.
Q. You said that in your final paycheck 

you didn't get any money. Was that because of a loan 
at the Credit Union being more than the amount that 
you had coming on your final check?

A. I signed some papers that I borrowed 
some money from the Credit Union. I paid five 
dollars to join the Credit Union.

Ql Answer ray question. You have been 
through this one time on deposition.

You had a loan at the Credit Union at 
the tine you terminated at U. S. Sugar, is that right?! 

A. I borrowed some money, right.
(X You had a loan outstanding; you still

owed the Credit Union some money?
\

A. Right.
Qt And the amount owed was more than the

amount that you had coning in the check?
A Right.

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0. Did you ever bid on any job, any oiler 
job or blaster job or any other job while you worked 
for U. S. Sugar?

A I never seen no job which was bid as 
long as I worked there.

0. Did you know where the bulletin boards
were?

Franklin--cross

A. I didn't see it out in the hallway for 
us because I didn’t go into the office, too much, 
because I was cleaning up and I didn't look around 
too much in there and because I wanted to keep my job

Q. You didn't know where any employee 
bulletin board was at U. S. Sugar?

A. Yes, over to the mill when I was work
ing there.

Q. What about the P.M.S. Shop right next 
door to the Drainage crew shop?

A The only time I went over to the
P.M.S. Shop was to take something over there or to 
use the bathroom.

Q. Do you know that oiler jobs were put 
up for bid?

A I didn't see any.
Q. I'm not talking about • o -cl

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129

aP

3/2

Franklin--cross
saw the bid. Did you knov/ that the oiler job was a 
bid job, was a union job that was posted for bid, 
where they go through the bid procedure?

A. I know there was one at the Vi ill when 
I work there and when I was a union--

Qi You were in the union at the mill?
A. Right.
p. And you knew what the bidding pro

cedure was on jobs covered by the union?
A. Union jobs?
Cl Right. Do you know what the bid pro

cedure is?
A. On union jobs?
Qi Right.
A. Would you break that question down,

please, a'little bit?
q. Do you know how union jobs are bid?

They put a posting on the bulletin board and it says 
that there is a job, and people want it and put their 
names in, sign up for it; you are familiar with that 
procedure?

A. Right.
Q. Did you know that the oiler job was a

union job?

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A. Yes.
0 So, then, you knew that it was a hid

job?
A. Yes. ' i
Q. ’ And did you ever look for or try to 

find out where the oiler job wa3 posted?
A. Why should I look for the oiler’s job 

when I can’t even much--I just can’t get on a rake 
machine.

Qi If you wanted an oiler job, the way 
to get an oiler job would be to bid for it. Now, you 
say that you never even knew where a bulletin beard 
was.

A. I have not.
& You don’t know where any employees’

bulletin boards are?
A. I have not seen any but the nill was 

the only place when I worked at the nill, union.
Ci Fine. One moment, please.
A. Yes.

MR. KELSO: Thank you. No further
questions.

THE COURT: Is there any redirect?
MR. SANDERLIV: Just one ..

J A C K  H .  G R E E N E

Franklin--cross

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MIAMI. FLORIDA 3 3 I O I



1
THE COURT: All right.

REDIRECT EXAMINATION
I; BY MR. SANDERLIN:

g You were asked about loading timbers. 
Are these railroad ties? !

A Yes.
0- Is that what you call a twelve-by

twelve?
A Yes, that's a twelve-by-twelve.
Q. How are they normally loaded or moved?

i ■■ 'A Well, that was my first time going
*

' out.
Q. Could you answer my question? How

were they normally moved?
A Moved?. I
Q. Yes.
A Well, I don't know.
Q. With a dragline you used to move the

railroad ties?
A I never seen any dragline move any--

mostly.
Q. Who moved them?
A We moved some ties when— ths ones that

we loaded.
Q. When you are building br...

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Franklin--redirect
the ties get, say, from the truck or where they were 
supposed to be onto the bridge?

A . Most of the time we use four-bv-eights 
when I v;orked, you know, preparing bridges.

Q. But you all didn't use twelve-by-
twelves?

A. Not as I can remember. I don't
remember.

MR. SANDERLIN: Okay. We have no
further questions.

THE COURT: You may step down.
(Thereupon the witness 
was excused.)

THE COURT: You may call your next
witness, please.

MR. SANDERLIN: We would like to call
James Earl Baxter.

THE COURT: All right. Call him.

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M I A M I .  F L O R I D A  3 3 ’ 0 i



THEREUPON—
JAMES EARL BAXTER

was called as a witness by the Plaintiffs and, having 
been first duly sworn, was examined and testified as 
follows:

DIRECT EXAMINATION
BY MR. SANDERLIN:

Ci V?ould you state your name, please?
A My name is James Earl Baxter.

THE COURT: B-a-x-t-e-r?
THE WITNESS: That's right.*

BY MR. SANDERLIN:
Ci Where do you live?
A. C lewis ton.
Q, Your address?
A Post Office Box 13,
Q. And are you presently employed?
A NO.
Q. Now, did you work for the U. S. Sugar 

Corporation?
A Yes.

THE COURT: Would you kindly get
closer to the microphone please, so that I may hear 
you.

THE WITNESSc Yes, sir.

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Baxter--diroct

BY MR. SANDERLIN:
ft Were you employed by the U. S. Sugar

Corporation?
A Yes.
ft When did you go to work for the

corporation?
A Well, at the mill, around '64 .
ft '64?
A Yes .
ft Do you recall what month or what part

of the year?
A Around November, when they first

started the harvesting season in November, 
ft 
A

. f t  

A 
&

itself?
A 
&

age Department?
A Yes.
r\ When did '/cm go to work in the

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M IA M I F L O R ID A  33101

* 64~-where did you work then?
The Dump Department.
Dump Department?
That's right.
Is that part of the plant, the mill 

Yes.
Did you ever work as a-~in the Drain-



Ba>:t.er--direct

Drainage Department.?
A. I think it was the last of '67, if 

I'm not mistaken. I don't know for 3ure.
(1 And when did you leave U. S. Sugar

Corporation?
A. '68.
Q. Do you recall when?
A Around October.
Q. October of '68?
A Yes.
•3, It would be the latter part, around

une 28th of October, 1968?
A About then. I imagine so.
q. Now, when you worked, were you a 

laborer in the Drainage Department?
A. Yes.
q, Nov;, what kind of work did you do?
A I raked ditches, rick-rack, helped

build bridges, dynamiting.
Q. You mentioned "rick-rack"; what is

chat?
A. That's after you lay the place--cover 

in the ground right around at the edge of the pipe--
you p ile rocks to keep \hn. sand from g:-, v r.g cm y,

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Baxter--direct
washing away from the cover.

0- Where would you get these rocks from?
A Trom the side of the road.

& And what size rock s were they?
A. You have some small and some large.

Q- Nov;, would there be a crew of you doing
this job called "rich-rack"?

A Yes.
Q. And how many would be in the crew?
A Four or five.
q. How would the crew be put together?

Who would be working in the crew? By that I mean 
job titles.

A You have one foreman and the rest
laborers, yes.

* d Do you recall one of the foremen?
A Yes, Clarence.
Cl You don't know him?
A I know his last name.
& Was he black or white?
A White.
Q. Now, in the job of rick-racking, you

said that there would be four or five of you as
laborers doing this?

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Baxter--direct.
A. Y e s  .

o. N o v ; ,  w h o  w o u l d  d e t e r m i n e  t h e  j o b

a s s i g n m e n t ,  a s  t o  w h o  w o u l d  d o  w h a t ?

A. W h e n  y o u  h a v e  m a y b e  o n e  o r  itiv/o p l a c i n g  

r o c k s  a r o u n d  t h e  c o v e r  a n d  t h e  r e s t - - t h e  r e s t  p a s s  

t h e m  o f f  t h e  b a n k  d o w n  t o  y o u .

& W h o  w o u l d  d e t e r m i n e  w h o  w o u l d  d o  w h a t ?

A. I  d o n ' t  u n d e r s t a n d .

& H o w  w o u l d  i t  b e  d e t e r m i n e d  t h a t  s o m e

w o u l d  b e  p l a c i n g  t h e  r o c k  a n d  s o m e  w o u l d  b e  p a s s i n g
*

t h e  r o c k ?  W o u l d  y o u  d e c i d e  t h i s  a m o n g  y o u r s e l v e s ?

A. W e l l ,  n o .  M o s t l y  t h e  f o r e m a n - - h e  

p i c k s  h i s  m a n .

& O k a y .

A. W h e n  I - - a t  t h e  t i m e  t h a t  I  w o r k e d  w i t h

t h e  c r e w  t h e y  h a d  t h i s  f e l l o w  C r i s h l o w  ( p h o n e t i c )  

l a y i n g  t h e  r o c k s .  H e  w a s  t h e  b e s t  m a n  t h a t  c o u l d  l a y

r o c k s .

d W h o  i s  C r i s h l o w ?

A. H e  w a s  o n e  o f  t h e  l a b o r e r s .

Q. I s  h e  b l i n d ?

A. Y e s .

& N o w ,  w h a t  o t h e r  j o b s  d i d  you d o ?

Did you work * in the dynamiting?

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Baxter--direct

A. 1 Y e s .

Q . W h a t  d i d  y o u  d o  i n  d y n a m i t i n g ?

A. A f t e r  t h e  d y n a m i t i n g - - t h e  d y n a m i t e  i s  

p l a c e d  i n  t h e  h o l e ,  t h e  l e a d  w i r e  c o m e  o u t  ^ i n d  y o u  

h a v e  t o  t i e  t h e  l e a d  w i r e  t o  t h e  s h o o t i n g  w i r e .

Ql A n d  v h e r e  w o u l d  t h a t  s h o o t i n g  w i r e  b e ?

A. O n  e a c h  s i d e  o f  t h e  b a n k ;  y o u  h a v e  t w o

o n  e a c h  s i d e  o f  t h e  b a n k .

Q. T h e y  w o u l d  b e  l e a d i n g  w h e r e ,  t h e

s h o o t i n g  w i r e ?

A. W h e n e v e r  y o u  g e t  t h r o u g h  p l a c i n g  a l l  

t h e s e  i n  t h e  g r o u n d ,  a f t e r  y o u  h o o k  t h e m  u p  y o u  r u n  

y o u r  s h o o t i n g  c o i l  t o  t h e — t h e  l e a d i n g  c o i l  o n  t h e  

s i d e ,  w h e r e v e r  y o u r  d y n a m i t e  i s  p a c k e d  u p ,  a n d  y o u  

t i e  y o u r  s h o o t i n g  c o i l  o n  t h e  e n d s .  Y o u  c o n n e c t  t h e m

w h e r e v e r

- - t w i s t

d y n a m i t e

T h e n  y o u  g o  w i t h  t h e  p i c k u p  t r u c k  t o  

t h e  l i t t l e  d y n a m o ,  o r  w h a t e v e r  y o u  c a l l  t h e m  

i t .  T h a t ' s  v / h a t  w e  a r e  s h o o t i n g  w i t h .

Q. T h a t ' s  w h a t  t h e  c h a r g e  i s ?

A. T h a t ' s  r i g h t .

Ql A n d  h o w  o f t e n  w o u l d  y o u  a l l  d y n a m i t e ?

A. W e l l ,  a t  t h e  t i m e  I  w a s  i n  t h e

c r e w ,  I  w o r k e d  i t  a b o u t ,  w e l l ,

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••
!•

t h a t  c r e w .

Baxter--direct
•

a D i d  y o u  know how to dynamite before
y o u  c a m e  h e r e ?

A. Y e s , s i r . V
& ' W h e r e  d i d  y o u  l e a r n ?

A. I  w a s  w o r k i n g  o u t  h e r e - - a . l l  I  j u s t - - I

•
l1|i j u s t  k n o w  t h e  m a n  b y  " F r i t z . "

Q. W a s  i t  a  c o m p a n y ?

'. - • ; A. N o ,  j u s t  a  m a n  w h o  o w n s  s o m e  c o w s  a n d

‘ . ' 1
• I  b e l i e v e  t h e y h a v e  s o m e  c a n e .  I ' m  n o t  s u r e .

■ ' , Q. B u t  t h a t ' s  w h e r e  y o u  l e a r n e d  t o
|

d y n a m i t e ? ‘
A. Y e s .

& A n d  h o w  d i d  y o u  l e a r n  i t  t h e r e ?

A. T h e  f e l l o w  t h a t  w a s  a l r e a d y  w o r k i n g

w i t h  t h e  T h a n , h e  g o t  m e  a n d  a n o t h e r  m a n ;  h e l p e d  h i m ;
f•?

a n d  h e  a s k e d  m e ,  s o  I  w o r k e d  r i g h t  a l o n g  w i t h  t h e

• m a n  a n d  h e  s h o w e d  m e  h o w  t o  d o  i t *

Ql H e  s h o w e d  y o u ,  t a u g h t  y o u  h o w  t o  d o

t h e  d y n a m i t i n g ?

A. R i g h t .
& A n d  t h i s  i s  b e f o r e  y o u  went to U. S.

j S u g a r ?
1 1*

t • A. Yes.

•

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Baxter--direct

(l What year was this?
A. Well, that was during the summer of 

•65, I believe.
Q. Now, what other departments br what

other jobs did you work in the Drainage Department?
A. Well, I worked in raking ditches.
Ql What's involved in that?
A. well, just the foreman and two

Q. And this is where you have the ditching

A. Right.
Q. How, what is a ditching machine? Can

you describe it?
h, Well, it's a--

THE COURT; Just a minute. Is it 
necessary to have each nan describe the ditching 
machine for us? How is that going to help us in this j 

case? We know what a ditching machine is now, surely.:
HR. ESCARRAZ: Your Honor, I think,

perhaps, it would show how many were able to--
THE COURT: Counsel, we have a rule in

our court that only one lawyer conducts an examina
tion and comments to the Court at the

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laborers. 

machine?



Baxter--direct
depend on Mr. Sanderlin.

Mr. Sanderlin, do you believe that 
this would be helpful to me in deciding this case, 
to have each witness tell me what a ditching machine
is? -

MR. SANDERLIN: No, not particularly,
not for each witness to do it; but, actually, I was- 
well, I \v'ill go to my next question.

THE COURT: Now, I didn’t mean to cut
you off, but I was thinking about the time here in 
the court being used unnecessarily. This man was 
with the company £rom--I mean was in the Drainage 
Department from late in 1967 until October of 1968.

Were you not?
THE WITNESS: Right.
THE COURT: And during that time he

was a laborer, a laborer in the Drainage Department, 
and for the laqjt two weeks of that time he worked 
with the dynamite crew, and he had some previous 
experience with that. He knew something about that 
before he went there, and he raked ditches and he 
helped repair bridges.

Is that right?
THE WITNESS': That's ri.

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Baxter--direct
THE COURT: I have a general idea

about what he did. Now, you nay develop whatever 
else he did and maybe it will help us.
BY MR. 5ANDERLIN:

ft Specifically, have you ever operated
j any kind of machinery before going to U . S. Sugar 

Corporation?
A. A dozer, road grader.
ft A road grader. Where did you operate

a road grader?Ij €
A At Ewell's (phonetic) Farm, 
ft Would it require skill to operate a

road grader?
A Yes.
ft What skills do you have to have?

' k. Well, I was already working at the 
tine at Ewell's Farm, and whan the trucks run over 
the marl road it knocks a lot of holes in the road, 
cane trucks, and the boss nan cone get no to run a 
grader to keep it smoothed cut.

ft I'm talking about the road grader it
self. What would you have to know to bo able to

: operate one?
A You had to have a blade, few

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Baxter— direct
things.

Cl Could you tell us specifically what's 
involved? What did you have to know to be able to
operate one? *

A. The main thing to know is the levers,
what each lever is for.

Cl And how many levers did it have?
A. 1 imagine about eight.
q. Would it have any clutches?
A. Oh, yes, we have a clutch.
q. How many?
A. One.
Q. Nov;, what's involved then in operating 

the machine in terms of the use of the levers?
A. I can't quite place that.
Ql I will word it another way. You said 

that you operated a grading-- 
A. Road grader.
Q. Right. Now, what I am asking you is: 

VJhat did you have to knov; about the machine in order 
to be able to operate the machine to do the road 
grading?

A. How to handle my blades is just about
the most important thing about at, to

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LJ



Baxter--direc
blade in order to keep from knocking a bigger hole 
in the road or pulling more dirt over to one side 
than the other.

CX In other words, to keep it smooth?
A. That's right.
Q. Have you operated any other machines?

MR. KELSO: I object. We understood
that his employment at the Ewell Farms was after
having left U. S. Sugar.

THE WITNESS; I went back after I left
them, yes. I have been out there-*~I worked out there 
three times. ,
BY MR,, SANDERLIN:

Ql The time that , you are talking about 
now is before you worked for U. S. Sugar?

■ A. Yes.
Ql And after you left U. S. Sugar, you 

went back out there?
A. Yes.
Qi Now, we are talking about the time

before you worked for U. S. Sugar.
A. Before?
Q. Before, yes; before going to work for

U, 3. Sugar you worked for this Ewell " .r;m?

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.  •

A. Yes.
Q. And this i s  when you operated the

grader?
A. No, not really. &
0. ' This is after U. S. Sugar?
A. That's after, yes.
Q. Now, did you operate any machines

there before going to U. S. Sugar?
A. Tractors. One time I had--not very

much tine, but a fellow was showing me a little some- 
thing about a small dragline there.

(X Did the man show you how to operate

A. Yes, he was trying to teach me.-• I
Q, Did he succeed?

' A. A little. We was just going to jumping 
and--

Q. Well, did you learn to operate one?
A Yes, I learned to handle it a little, 

it some, yes.
Q. Now, you 3aid you learned but you 

have the practice; is that what you are saying? 
A Really, I couldn't go out there and 

do it like a first-grade operator, a m ’

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Baxter--direct

one?

on one

handle

didn't

U .  S.  D I S T R I C T  C O U R T

M I A M I .  F L O R I D A  33toi



Baxter--direct
long time, no.

Q But since leaving this sugar corpora
tion, did you ever operate a cane loader?

A. Yen. *
Ql Whore did you do that?
A. At the Moore Haven Sugar Mill.
£X When did you do that?
A. I run it last season.
Ql What is involved in operating a cane 

loader or x/hat kind—  'What is a cane loader?
A. Well, that's this machine that after

the cane is burnt, cut and piled between two rows, 
the cane loader goes in there to pick it up.

Q. Does it have levers and what not?
A. Yes, it has levers. Really, you have

chains that pick it up and the blades cuts it up and 
go out there and elevates it over to a wagon or 
tractor to pull it. You have levers, yes.

Ql Nov;, I believe you said that you 
w o r k e d  o r  the ditching machine.

A. At the Drainage Department?
Q. Yes.
A. Yes.
Q. Now, did you while, thnr ■

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was a new foreman or new operator hired, during the 
time that you were there?

A Well, to me, yes, he acted like it.
He didn't seen to know too much about the Machine.

Cl ’ Had he worked there--had you seen him 
in the department before?

MR. KELSO: Can wo identify who ”heM
is?

THE COURT; Yes, sir.
THE WITNESS: Lester. That's the only

*

thing I know.
BY MR. SANDERLIN:

Q. You don’t know whether it is his first
or last name? I

A No.

Baxter--direct

Department?
A
ft

He was a foreman in the Drainage 

Yes, sir.
And he operated the ditch machine?

A Yes.
Q. And you were there when he

when he had started to work?
started or

A I don't really know whether he was
there before I came or after I came th

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Baxter--direct

my f i r s t  t i m e  s e e i n g  h i m .

q. Now,  can y ou  i u 3 t  d e s c r i b e  t h e  f i r s t

i t i m e  y ou  saw him? Can you  d e s c r i b e  h i s  o p e r a t i o n  o*.!
jj t h e  m a c h i n e ?  i

A. ' Y e s .  The m e c h a n i c  o v e r  t h e r e  wh e re
j . '

| we w e r e  a t  t h e  D r a i n a g e  D e p a r t m e n t  s h o p - ~ I  d o n ' t  know 

I h i s  l a s t  name,  b u t  h e ' s  a m e c h a n i c  o v e r  t h e r e - -

a B u t  t h i s  i s  t h e  m e c h a n i c ,  n o t  i n  t he

p e r s o n n e l  d e p a r t m e n t ?

A. N o t  i n  t he  P . M . S .  S h o p ,  n o ;  o v e r  i n
*

t h e  D r a i n a g e  D e p a r t m e n t .

He b r o u g h t  h i m o u t  t h e r e  and t h e y
!|

w a l k e d  a r o u n d  t h e  m a c h i n e .  He t o l d  him a l l  a b o u t  i t ,  

t o l d  him w h a t  t h e  l e v e r s  w e r e  f o r ;  and w h i l e  he was 

t a l k i n g ,  he g o t  i n - - h e  g o t  i n  t h e  t r u c k  and l e f t  and  

b e f o r e  he' l e f t ,  t h o u g h ,  he s a i d ,  " You  a l l  l o o k  o u t  

f o r  h i m . "

i

q. What  d i d  he mean b y  t h a t ?

A. I  r e c k o n  t h e  way he was a c t i n g , he

d i d n ' t  know t o o  much a b o u t  t h e  m a c h i n e .

He g o t  up t h e r e  and he was s i t t i n g

down b e s i d e s  t h e  d i t c h  and he was g o i n g  a r o u n d  l o o k  

i n g , and he asked me how y o u  g e t  up or. t h e r e ,  a^.d I  

t o l d  h i m ,  and he climbed up t h e r e .

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Baxter--direct
He looked aroundi The motor was not 

running. He was looking for the crank to crank it up. 
He asked me where you crank it up and I said, “Here," 
and then I cranked it uo. V

Q. • You cranked it up for him?
A. I did; and then he started working the 

levers. Then he pulled it out, started easing off, 
and he went about halfway to the ditch and then he 
seemed to be having a problem.

Q. What kind of a problem?
* A. I don't know because I was way up in 

front. When I got back there, ho had stopped it.
He didn't say anything but what happened is the 
clutch jumped out, but he didn’t know that. He 
didn't know that he left it in, but it slipped back 
out and he was wondering what had stopped him.

He got down off the machine. We, 
really, didn't none of us know until we checked it 
out.

Q. Vfho checked it?
A. I was up there 'with him. We was walk

ing around and looking at it. I didn’t see nothing 
broken, so he got back up there and he said--I said,
"Pull your clutch all the way back."

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Baxter--direct

back and he took off again.
I said, "Your clutch was not all the

way in. It jumped, back out."
So, he headed on in. He got into the

ditch and he picked the pump out of the water and 
turned--

MR. KELSO: Your Honor, I object to a
continuation of this narrative. It is irrelevant to 
the case.

MR. SANDERLIN: I think it is very
relevant.

THE COURT:> Don’t argue. Overruled. 
Now, I’ve got this picture and I 

understand this. There is no need to dwell on it any 
further,
BY MR. SA'NDERLIN:

(j Now, how much were you earning when 
you worked there at the sugar corporation in the 
Drainage Department?

A. About $1.5o an hour.
Q. How' much were you earning when you

left?
A. The same.
0. Now, you said you lo ft com v,.-hero

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a r o u n d  t h e  l a t t e r  p a r t  o f  O c t o b e r ?

ft. ( Hods i n  t h e  a f f i r m a t i v e . )  

ql What  w er e  t h e  c i r c u m s t a n c e s  o f  y o u r  

l e a v i n g ?  How i s  i t  t h a t  you h ap pe ne d t o  l e a v e ?

A. W e l l ,  I  f e l t  I  w a s n ' t  t r e a t e d  r i g h t .

I  know I  w a s n ' t  t r e a t e d  r i g h t .  I  ask e d M r .  Yon f o r  

a r a i s e  and I  d i d n ' t  g o t  no r a i s e  a l l  t h e  w h i l e  I  was 

t h e r e ,  and I  w o r k e d  i n  p r a c t i c a l l y  a l l  t h e  d e p a r t 

m e n t s ,  a l l  t h e  c re ws  t h a t  was t h e r e ,  and I  d i d n ' t  g e t  

no r a i s e .

One F r i d a y  we g o t  o u t  o f  w o r k  and 

C l u i e  H ancock t o l d  us a b o u t  l o a d i n g  some c r o s s - t i e s - -  

t h a t  we had t o  wo rk  t h a t  S a t u r d a y  and he d i d n ' t  say  

w h a t  we was g o i n g  t o  be d o i n g ,  so t h a t  S a t u r d a y  

m o r n i n g  B a r t l e y  G r a y  and C l u i e  H a n c o c k - - t h e y  were  

g o i n g  t o  each house t o  make s u r e  t h a t  e v e r y b o d y  was 

up ar.d e v e r y b o d y  was r e a d y  t o  go t o  w o r k .

_ So t h e  t r u c k  t h a t  we was g o i n g  t o  wor k  

on was down a t  Tom E v e r e t t ' s  h o u s e .  He was t h e  one

t h a t  was s up po se d t o  p i c k  e v e r y b o d y  u p .- - ■ .;
So e v e r y b o d y  w e n t  t o  w o r k  t h a t  

m o r n i n g ,  b u t  b e f o r e  we w e n t  t o  w o r k  he t o l d  us l i k e  

t h i s  h e r e ,  t h a t  " I f  y o u  d o n ' t  be t o  w o r k  t h a t  S a t u r -

| day morning then there is-no sense

J A C K  H .  G R E E N E

Baxter— direct

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Baxter--direct

.Monday m o r n i n g . "

THE COURT: Who t o l d  y o u  t h a t ?

TIIE. WITNESS: C l u i e  H a n c o c k .

BY MR. SANDERLIN:
& And C l u i e  H ancock i s  t h e  f o r e ma n?

A. He i s  t he  f o r e m a n .  S o ,  we w e n t  back

t o  w o r k  and cone o v e r  t h e r e  a t  t h e  B r y a n t  M i l l  and

l o a d e d  some c r o s s - t i e s  c u t  i n  h a l f .

& You s a y  t h a t  you l o a d e d  some c r o s s -

t i e s ?

A Yes , s i r .

& W h i c h  had been c u t  i n  h a l f ?

A Had been c u t  i n  h a l f ,  y e s ,  and t r u c k s

h a u l e d  them ba ck  t o  t h e  m i l l  a f t e r  we g o t  t h r o u g h

l o a d i n g  enough o f  t he m;  and so t h e y  w e n t  back t o  t h e  

m i l l  and t h e y  was i n  a p i l e  and we had t o  move them 

o u t ,  and so we had t o  c l e a n  up a r o u n d  t h e r e  and we 

made a day  out-  o f  i t  and t h e n  we w e n t  home.

So t h e  way I  f e l t ,  t h e  way he had 

s p o k e n - h e  s a i d ,  "We d o n ' t  do w o r k  on S a t u r d a y ,  j u s t  

f i v e  d a y s  a we ek ,  b u t  t h a t  i f  we d i d n ' t  be t o  work  

t h a t  S a t u r d a y ,  t h e r e  i s  no sen se  i n  c o m i n g  ba ck  

M o n d a y . "

------- — --
I die a' : facl too go cl th't, 50

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Baxter--direct
I went along with everybody.

Q, Now, you said you didn't feel too good 
about that. What did you mean?

A. Well, the nen would be to w&rk every 
day and I didn't see why they had--they had no reason 
to saying it the way he did, that "who don't be to 
work tomorrow"--in other words, "no sense coming 
back Monday." I didn't feel like that was right, but 
we went on to work that Saturday and we come home 
and we got together.

All of us got together and we had a 
little meeting about it and we was talking about it.

Q. What were some of the things you
|

discussed?
A. About the way we were being treated. 

Well, really, I was working at the dynamite crew and 
this man, Slim Rutland--every day that I worked 
there, there wasn't a good word that he said to me. 
Every time it v/as a cuss word.

I wanted to quit but at the time I 
wasn't in shape to quit because my wife was expecting, 
going to the hospital anytime, and we had two 
children in school, and I didn't have any money.

So that's why I didn't

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Baxtor--direct
One day we were getting ready to shoot 

dynamite there and everybody got out of the hole, all 
except one nan, and that was Samuel Johnson. I 
hollered--! said, "Hey, there's a man sitting down 
here in the hole," and he hollered, "Shoot the so- 
and-so," something like that. He cursed and he do 
the shooting; he snatched the cord out of R.C.'s 
hand.

Cl R.C. was a laborer?
A. Yes, sir.
G And he was holding the wire?
A. Yes, he was holding the wire and

Smith have to plug it in and it stunned him, Samuel
Johnson

Me and R.C. went back there--! think
it was R.C.--we went back there, got him and put him 
in the truck. He couldn't hardly hold his head up. 
So then we start talking about it; so then it was 
about an hour before the man vas carried anywhere.

Q. Now, as a consequence of this, did 
you do anything?

A. Do anything?
0- Yes. Did you talk to anybody about

this "uv— about Samuel Johnson being kr.oc:

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from the dynamite?
?- Well, me and him talked about it and 

that day we all went to the shop. V7e was talking 
about it while v;e washed the raud off, but Mr. Yon was 
standing about five feet away and the reason I didn't 
come explain about it is because I needed a job and 
I needed the work, and out there if you speak up any 
kind of way you ain't got no job.

Q; You say that on Sunday you had this
meeting?

A Yes.
Q. Was this one of the things that you

discussed?
A. Yes.
Q. Were there other things that you

brought up?
A. About Samuel Johnson getting blcved up

and I talked about the money I was making while I was 
working with the crew, that I had gotten no raise, 
and I talked about hew I van being talked to every 
day, cussed at, scolded at, and just looked like I 
v/as not going to get along out there.

I said, "Something need to be done
a ’■ out it."

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Baxter--direct

-R ID A



Baxter--direct 
Now, they didn't" ask-- 
THE COURT: What was the name of your

foreman on the dynamite crew?
THE WITNESS: Slim Rutland.|

.
THE COURT: How do you spell Rutland?
MR. SANDERLIN: R-u-t-1-a-n-d, Your

• *
| Honor.
! THE COURT: Thank you.

Is he the one that was fussing at you? 
THE WITNESS: That's right.

| BY MR. SANDERLIN:
Q. Nov;, this is the meeting that was on a

Sunday?
A
Q.

What did you 
A
Ol
A
Q.

That's right.
And then what did you all do on Monday? 

do?
Well, all of us went to work.

_ What time did you go?
About five or six.
And this is the group that went to talk

to Mr. Yon?
A All the laborers in the Drainage 

Department except one. That was Bartley Cray.
n f • n  i? 7; C > r 14 v at: t. a '

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Baxter — direct
A. No, I don't think he was there.
Q. Okay. Did you hear any conversation 

or did you hear what was said by Leon Mason to 
Mr. Yon?

A.
him about how 
up all I hear 
can go hone." 
and he pulled

A.
&

Well, I know ho was supposed to tell 
we was treated, but when I was coning 
was Yon said, "If you don't work, you
Then he got the truck, backed out, 
off.
You say "he." Who is "he"?
Mr. Yon. He g o t in the truck.
Mr. Yon got in his truck and pulled

off?
A. Yes, backed out of the shop, 
g, And then what did you all do?

Well, v/e were fixing to go, but Cluie 
Hancock—-I heard him— I was standing about four feet 
away and he said, "What you all going to do? Go on 
home." We turned around and v/alked out the gate and 
went on home.

& Nov;, did you receive any kind of
notification from the company in any way?

A. No, but thi3 rent collector,
Mr. G. Small, came by the house on a Sunday nor ng

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Baxter--direct
to collect rent. He had his paper with a list of 
names on it.

0- Was your name on the li3t?
A Yes. I know my name was onVthe li3t.

He told me. '
0. He read the names? Ha void you?
A. He told me that my name was on the

list. That’s the first thing he said when I walked 
to the car, called my name. Well, first ray wife went 
out there. She was the one to go out and pay the 
rent. She went out there, which I know we ware going 
to have to start paying rent.

Qt And when was that?
A That's after wo left.
Ql Okay. Well, did anything more happen 

on that Monday that you know of?
THE COURT: What is the question?
MR. SANDERLIN: Did anything more

happen that he knows about.
THE WITNESS: After we walked back

down, we talked.
BY MR. SANDERLIN:

Qi Did you go back to the company?
A No, T didn't.

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Daxter--direct
a Did you go back to get paid?
A. Yes.
o. When did you receive your pay?
A I didn't receive no pay. I went to

get my check at the office. The lady gave me a
check stub. It wasn't no money.

Q. Did you owe the Credit Union?
k Yes.
d Did you owe them more than what your

paycheck was?
A, Right.
o. Now, Mr. Baxter, you mentioned that

you had to start paying rent?
A Yes.
& Now, where were you living?

'k In Clewiston, in the sugar company
house„

a In housing owned by the sugar company?
A. Yes.
A Now, in this housing, whereabouts--

whereabouts is this’ housing? Where is it located?
A In the black section of Harlem.
& Are there any white persons there?
A Ho, net these, no.

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j 1  r

• 3axter--direct

1 o. Does the sugar company have any other
housing?

A. Yes.
CL Where?

A. In tov/n.
& Whereabouts?

• A. Well, I think they have some more in
* town but I'm not sure.

& In 1968 did they have any down there?
A. Oh, yes.
& Did any blacks live dov/n there?
A. No.
0- Do you knov/ of any other housing that

U. S. Sugar had?
A. Well, I have heard there was, but I

don't know. A

MR. SANDERLIN: Your Honor, we have no

• further questions.
You may inquire.

CROS S-EXAMINATION
BY MR. KELSO:

0 Mr. Baxter, after you left U. S. Sugar,
were you ever employed at the Moore Haven Sugar

• j Comp:,n v  or th e  Glades County C o - o p - t  : ' . c a  I I a v  i n ?

.

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Baxter--cross
161

A. Have I worked over there?
Q. Yes .
A. Yes.
0. And since you worked at U. S. Sugar, 

you worked at Moore Haven; is that right?
A. Since I left--yes.
n. Did you. have any trouble getting a job

there?
A. well, one time I did. That's after I 

had left, got fired away from the Drainage Department 
out there.

Q. You went to work up there then?
A. No. I went there for a job. They

didn't give me none.
q. Do you know Willie E. Johnson?
A , (No response)
$ I believe he is the one nicknamed

"Big Willie."
A. Big Willie working on the Drainage

Department?
Q. Yes. Do you know somebody named

i Willie Johnson?
A. Yes, I do.

Did he to ac there with you to a

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job at Moore Haven, the first time?
A. No.
& Did anybody go with you?
A. Yes. I caught a ride with some of the

fellows that were working over there.
Q. Let me get this straight. After you 

terminated at U. S. Sugar, you went up to Moore Haven 
and tried to get a job there?

A. Not straight off, no; not right off,
no.

& Do you know which of the other U. S. 
Sugar Employees that had formerly worked in the 
Drainage Department were working up at Moore Haven?

A. I really didn’t get the question.
£X Do you know how many of the other guys

in the Drainage Department, the other laborers in the 
Department, that had walked out with you 

that Monday morning, how many of them went to work at 
Moore Haven?

 ̂A. No, I don't; but some of them, I think 
"~I know Tom Everett and I think this fellow called 
Big Willie, they went up.

& They went up to Moore Haven and were
hired after the walkout down here?

J A C K  H .  G R E E N E

Baxter— cross

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r
BnNter--cro£53

A. No, I uouldn11 say right after they
j
| walked off.

Cl How long after, within thirty days?
A I couldn’t say definitely. *

ll ' -;-0. * And when did you go up thare?
•i A I imagine about two or three weeksI

after X left my job,
q. But you didn't get a job then?
A No.
q. But you think that Tom Everett and$

Willie E. Johnson were hired up there shortly after 
that? I

A I can't say. I don’t know.
! Q. Do you know of anybody who was with 
the U. S, Sugar Drainage Department who was employed 
by Moore Haven Sugar Company after they were termi
nated at U. S. Sugar?

A Do I know if they went to work up
there?

t Q. Yes.
A I don't know exactly. I can't say.

THE COURT: What was your answer?
i You don't know?

THE WITNESS.: I don’t k . . .

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i  r■A. v

Baxter'-crosc
BY MR. KELSO:

Qi When you were out with the dynamite
crew, blasting canals generally that's what you were
doing? '

A That's right.
(I And who decided on the depth that you

drilled?
A What's that?
Q Who would make the decision a3 to the

department, the decision that you would place the 
dynamite charges--how deep to drill the hole, and 
so forth? |

A Who would make the decision?
Qt Yes. Would that be the foreman, the

blaster? Who was doing that?
jA And run the drill?

Q. Whether you drilled 15 feet or two
feet, who said how deep to drill?

A I never heard nobody say but the
fellow wrfo was running it; I guess he know.

Q. Is this the blaster?
A The blaster?
a Yes.

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Baxter--croBs
Q- The guy running the drill rig-- V7ell,

did you ever run the drill rig?

*••
No, sir, I didn't,

& Who was telling you how mueft. dynamite
to put into the hole?

A. The foreman.
& T h e  b l a s t e r ?

A. Y e s .

& C a n  y o u  g i v e  m e  s o m e  o t h e r  i d e n t i f i e s -

tion of t h i 3
%

guy n a m e d  L e s t e r ?  Our r e c o r d s - - w o  d o n ' t

have anybody by t h e  n a m e  of L e s t e r .  C a n  you t e l l  me
some more about him?

A. That's all I ever know.
& How long did he stay out there?
A. He was there when I left.

' 0- He was still there when you left?
A. Yes.
& Doing what kind of work?
ft.

machine. I
I believe he was still on the ditching

& Did he run any other machines while
you were there?

A. I didn't see.
a Did he work, on any other

1
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bridge-building, or anything like that?
JL NO.
Ql while you were employed in the Drainage

crew, you were living in a company house rent-free; 
is that right?

A. (Nods in the affirmative.)
(l Were most of the other men in the crew 

living in rent-free housing?
A. I think so, yes.
fit Do you know whether any of the

<r

bargaining-unit people got rent-free housing?
THE COURT: You mean union people?
MR. KELSO: Yes, the oiler and

operators.
THE WITNESS: I don’t know.

3Y MR. KE'LSO:
Q. You don't know what their situation is 

as far a3 housing goes?
A. I don't know. All the oilers was 

white: in »the Drainage Department.
Q. Well, you said you went into the 

Drainage Department in October of 1967 and didn't get 
a raise the whole tine?

A. iiy check n-ynr changr.d , !r waa nlwayr

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! ! .167!
R a x t o r ~ - c r o s s

the sane thing.
0. You never got a raise?
A. It was the sane, every check I got.

THE COURT: Was it a Monday morning
; that you walked off the job, left the job?

THE WITNESS: Yes, sir.
THE COURT: When did you get the notice
fired, what date?
THE WITNESS: I don't know exactly

THE COURT: Was it that week or the

THE WITNESS: I think that it was that
or that next following Sunday.
THE COURT: It was either the Sunday

! after you walked off or the following Sunday, is that
! correct?

THE WITNESS: Something like that, yes.j
THE COURT: All right.

BY MR. K^LSO:
(X Mr. 3axter, the payroll records for 

the company show that you got a raise on July 15,
1968, three months before the walkout, and after you
had only been in thi Or a in-age Department about eight j

that you were

what date.

next week?

Sunday coming

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Baxter--cros3

months, that your pay went fron $1.50 to $1.70 an 
hour. You don't recall that?

A. No , I don't.
0• It is your testimony that ydu didn't

get a raise the whole year that you worked in the 
Drainage Department?

A.
think so.

My check never changed, 30 I don't

& You mentioned about you had been
loading these sawed-up cross-ties on that Saturday.

<5

What were those cross-ties for? Do you know?
tu

.
To build a fire in the boiler room.

ft

weekend?
They were going to start the mill that

i
A. They used them to burn, put them

inside of the boiler to set them on fire.
q. Was this when they first started up

the mill for the processing season?
A. (Nods in the affirmative.)

* ft And what did they use after ths
processing season to fuel the boiler with?

A. I don’t know.
ft Had you ever worked before on

Saturday dur:„ng this year that you wore -1 i\--

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naxter--cross
K In the Drainage Department?
Q. Yea.
A. Ho.
q. You never worked Saturdays before?
A ' No.

a

q. Do you know if any of the other 
laborers had been required to work on emergencies 
like on a rainy night when they would have to run the 
pumps?

A. Oh, yes.
£ And had some of the laborers been

called out to work out on emergency situations like 
that?

A. I know they have run pumps at night, 
but not just--

'$ You mentioned that at least one time 
they came out— G. Small came out and a3ked you to 
come back?

A. Ho, he didn't ask me. At the time he 
came out*there, I was not--

Q. You know that he had cone out and
asked the men to come back to work? Do you know that?

K Do I know?
Q. Ye 3.

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Baxter-cross
A. Well, whoever told me to, asked me to 

come back — I wasn’t out there at the time, I can’t 
say.

THE COURT: Who is Small?
THE WITNESS: He was the rent

| collector,
THE COURT: For the company?
THE WITNESS: Yes, sir.

BY MR. KELSO:
a What was the first notice that you 

got— did you go and pick up your paycheck?
A. Yes.
Q. Was it Friday or — Thursday or Friday?
A. Thursday. They pay off on a Thursday
Q. And the walkout was on Monday morning
A Yes.
Q. So then you went and picked up your

paycheck on Thursday?
A Right.
Q. Did anybody tell you to come pick up 

your paycheck or was this a regular paycheck?
A Mo, it wa3 just a regular paycheck.
Q, Did anybody ever come by and ask you 

to coma back to work?

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Baxter-cross

A No.
a So then the first notice that you had

from the company after the walkout on Monday was the 
next Sunday morning?

A I v/ouldn't say it was next Sunday 
morning. It was right after this. I don't know how
long.

& Whenever G. Small came around to
collect the rent?

A Yes. It might not have been that
Sunday. It might have been the following Sunday,
I can't say exactly.

Q. Almost two weeks after the walkout, 
could it have been?

A I couldn't say exactly how long it was
but it wasn’t too long after we had left.

& And then he wanted to collect rant for
the house the first time?

A That'3 right.
> MR. KELSO: No further questions.

THE COURT: Is there any redirect on
this witness?

—

MR. SANDERLIN: No, Your Honor.
THE COUP.?: You aro excused, Mr. Baxter.

•

.

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(Thereupon the witness 
was excused.)

THE COURT: We will take a recess.
V7hen that minute hand gets up to eight, meaning ten 
minutes, we will be back here in our placed and we 
will go to four-thirty.

(Thereupon a recess was taken, 
after which the following 
proceedings were had:)

THE COURT: You may proceed.
MR. ESCARRA2: We will call Dennis

>5

Smith.
THE COURT: Yes.

! THEREUPON--I I
DENNIS GEORGE SMITH

was called as a witness by the Plaintiffs and, having 
been first duly sworn, was examined and testified as
follows:

DIRECT EXAMINATION
BY MR. ESCARRAZ:

* q. Please state your full name.
A My name is Dennis George Smith.
Q. Are you also known as George Dennis

Smith?
A My full name is Dennis

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i f / 2; x / J
Smith-direct 

, •
Q. Whore do you live?
A. Clewi3ton.
(X What is your address?
A. Post Office Box S94, Clewision, Florida 
Q. Are you working now?
A. Yes.
q, Where are you working?
A. Burnup and Sims.
0. And where is that?
A. We work around the big office in West

Palra Beach. I work all around. I work in Miami now.
Q. What do you do there?
A. Construction.
Ol What sort of things do you do in

construction work?
A. Build manholes for Bell Telephone

Company, Bell Telephone cable.
THE COURT: Do you know Riley Sims?

Do you know Mr. Sims?
THE WITNESS: Yes, sir.

BY MR. ESCARRAZ:
Q, Okay. Have you ever worked for the

United States Sugar Corporation?
A. Yes

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Ql And for how long did you work for the
sugar company?

A. For twelve years.
Q. Did you ever work in the Driinage

Department of the sugar company?
A. Yes.
q. Hov; long did you work in the Drainage

Snith--direct

Department?
A. I would say about nine years.
Q. So about when did you begin working in

the Drainage Department?
A. Sometime in 19 59.
gt Okay. What kind of work did you do-- 

First, let me ask you this: What was
the classification of the job that you had in the

-Drainage Department?
A. Well, I was listed as a laborer.
Q. Okay. What sort of work did you do?
A Shoot dynamite, work on the ditches, 

ditch pump, ditching machine, build pump house, build 
bridges, pick up rocks, all that.

Q. What sort of work did you do on the
dynamite crew?

X Well, I mostly could do

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Snith--direct
I  was t h e  t o p  nan on t h e  j o b .  i  c o u l d  r u n  t h e  r i g .

I  c o u l d  l o a d  t h e  d y n a m i t e .  I could make i t  up and I

c o u l d  s h o o t  i t .

q. What  k i n d  o f  r i g  i s  t h i s ?  <^ould you  

d e s c r i b e  i t  f o r  us?

A. W e l l ,  i t ' s  a t r a c t o r ,  l i k e  a C a t e r 

p i l l a r  t r a c t o r ,  l i k e  a t r a c t o r  t h a t  t h e y  p u t  a r i g  

on i t ,  make t h e  t h i n g  l i k e — i t ' s  a b o u t  b e t w e e n  t e n  t o  

t w e l v e  f e e t  t a l l  w i t h  a d r i l l  and j ack ha mme r  on i t .  

T h e y  r u n  by  a i r .

Cl By a i r ?

A. Y e s .

Ol And y ou  say  t h a t  y o u  r u n  t h i s  r i g ?

K  O h ,  y e s .

THE COURT:  W h i c h  r i g  i s  t h i s ,  t he

d i t c h i n g  o r  d i g g i n g  r i g ?

THE W I T N E S S :  No,  t h e  one f o r  s h o o t i n g

d y n a m i t e .

THE COURT:  A l l  r i g h t .

BY MR. ^SCARRAZ:

q, What  w o u l d  t h i s  r i g  do?

A. J u s t  d r i l l  t h e  h o l e .

gt How d i d  you d e t e r m i n e  how deep t o  d i g

t h e  h o l e ?

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! 17 6

V'.

Smith--direct
K ’ W e l l ,  now,  some o f  t h e  places t h a t  y ou  

d r i l l ,  y ou  have a s h e l l  o f  rock and y o u  reel i t  by  

t h e  d r i l l .  You w a n t  t h e  h a r d  r o c k  t o  b u s t  and you  

d r i l l  t h e  f i r s t  h o l e  and y o u  d r i l l  a b o u t  f o u r  o r  f i v e  

f e e t  and go t h r o u g h  t h e  h a r d  r o c } : .

I n  t h e  n e x t  h o l e  you d o n ' t  d r i r l  i t

t h a t  d e e p .  You go a b o u t  t h r e e  f e e t ,  arid i f  y o u  d r i l l  

u n d e r n e a t h  t h a t  r o c k  and i t *8 s h o t ,  and i t  w i l l  be  

s h o t  down,  n o t  u p .

How many p e o p l e  wer e i n  t h e  d y n a m i t e
«?

c r e w  t h a t  y ou  w o r k e d  on?

A. S e v e r a l ,  f o u r  o f  u s .

q, Were t h e s e  a l l ?

A. W i t h  t h e  f o r em a n  i t  makes f i v e .

q. T he  f o u r  t h a t  y ou  a r e  t a l k i n g  a b o u t ,

w e r e  t h e y  l a b o r e r s ?

A. Y e s .

& And t h e r e  was a f o r e m a n ,  you say?

A. Y e s .
»

0- Who was t h e  f o r em a n ?

A. M r .  C l a r e n c e  S t i l e s .

& D i d  M r .  S t i l e s  t e l l  y ou  how f a r  t o

d r i l l  a h o l e o r  d i d  you d e c i d e  t h a t  yourself?

A. Well, he tell us first, y . ; \

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•) *T '

Sraith--direct
shoot the rock? and if you drill down a certain feet 
and you come through the rock that the next hole you
try to keep it inside of the rock, don't go below the
rock; and if you have had any kind of experience, you
can do that. It then doesn't take any, you know,
skill.

CX Well, he told you what to do,
generally?

A. Yes.
Q Okay. Now, what did you do on the

ditching machine?
A. Raked ditches. I mean cleaned ditches 

and grea3ad the pump, checked the oil, cranked up in 
the morning when I go there with the operator.

(1 The operator didn't crank it up him
self?

A. Oh, no. He never.
q. And you 3av that you had to grease the

machine. Now, how often did you have to grease the
tmachine?

K Well, grease it in the morning before 
you start. You don't have to grease the one that I 
was working on any more for the day, but you have to

ii chec a b o u t tv e 1 v o o'clock, Y o u h a v;

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1 1 173
• Smi th--d irect

( where you put soma oil in to keep your bearings
going, anti so you check about twelve o'clock to see
if the oil is up.

i (X And you did this?
A Yes.

i / 0- Where wa3 the operator when you were

• cranking up the machine?
. A Right there.

Ql Did you do anything other than start
it?

A Just start it and give it to him.
& What was your wage while you were1■ ̂ working in the Drainage Department?

1 A I was a top-rated man, $1.85.
THE COURT: What was it?
THE WITNESS: $1.35.

t - THE COURT: Thank you.

% BY MR. ESCARRAZ:
& Did you at any time have an opportunity■ '

to see ail of the laborers in the Drainage Department, .

such as in the morning when they got together?
A Yes, most of the time in the morning

all of us met at the shop. Everybody was dispatched
i 1 • different places. j

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Smith--direct
179

0, Do you know the race of the laborers 
in the Drainage Department?

A Yes.
a Could you tell ne this: Were there

any white laborers in the Drainage Departnent while 
you worked there?

A Oh, no, nan, you never find that
there.

in '68.

Q. And this is in 1963?
A Yes, that was the last I was there,

Q. You are talking about the whole nine
years?

A All the years.
Q: And what about the other jobs in the

Drainage Department? What are they?
A Colored, the labor all over the

company.
Were there any--strike that.
Were there any-- What sort of jobs 

did ether people have?
A Foreman, oiler, and dragline oiler, 

the nan who carried the fuel, white nan.
9 The man who carried the fur 1 ?

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ISO

Smith--direct
Yen.

(\ And you say they were white?
A Yes.
0. Do you know what the rate of pay was 

for the oilers in the Drainage Department?
A. I really can't tell you exact. I know

it was two-something.
(1 It was over two dollars an hour?
A. It was over two dollars.

-  'g, And what about the foreman?*
A. The foreman was making thrae--between

three dollars and three-senething.
g It was over three-something?
A. (No response)
g And the dragline operators, do you

know what they were making?
A. No, I don't know. If they were making

about the same thing like the foreman— I don't know.
g When you worked for the sugar company, 

t
did you ever have any opportunity to observe the 
bathroom facilities or water facilities?

A I never have, none.
(X I mean when you had to go to the rest

room, did you ever use any- of the facilities that the

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sugar company had?
A. They never had none. You have your 

own bathroom to go. You had different bathrooms to 
go.

Q. You say that the Drainage Department 
didn't have any?

A The Drainage didn't have any bathroom 
at their shop or water fountain. They have to go to 
the P.M.S. Shops, Mechanic's Shop.

They have two water 3pigots there, one
*

for the white and one for the colored, and if you 
walk in there, in the P.M.S. Shop, you wouldn't see 
the colored--you understand me--but all the white go 
around the door in front and, well, a big sign was 
there, "White.n

& You say as you walked in--
A. I would walk in the door and around 

the corner. I had to go like that (indicating). The 
water fountain was right there.

Q. You went around the corner and there 
wa3 the water fountain?

A. Yes , sir .
Q. And they had a sign, "White Only"?
A. Yes.

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(X Where was the "Colored" water fountain?
A. Just on the other side, a small thing.

& What about the hathrooms ? Were there
any bathrooms at the P.M.5. Shop?

A. Yes.
(I They did have bathroom facilities at 

the P.M.S. Shop?
A. They have two bathrooms there, one 

for the white and one for the colored.
Q. How do you know that one is for the 

white and one is for the colored?
A. I couldn't really tell you that the

iat-.hroon— we go to a place--when I went there first,
I see where the colored people go--understand me--so
I go where the colored people go.

I know plenty time I walked past that
"White" bathroom and when I stopped there, you can 
see everybody who is a white man in the shop looks at 
you, so I used the "Colored" bathroom all the time 
and so I used the "Colored" spigot.

Ql You don't use the white man's bath
room or —

A. No, I don't want to make no trouble in
there.

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Snith-~direct

bathroom?
Q. So, you never went into a "White"

A. No, sir.
0. Did you ever see any colored people go

into the "White" bathroom?
A. NO.
Q. Did you ever see any white persons go

to the "Colored" bathroom?
A. No.
Q. How about the water fountain--did you

ever use the "White" water fountain?
A. NO.
&

use the "White 
A.
' d

the "Colored"
A.
a

observed this
a.
Cl

A.

Did you ever see any colored people 
" water fountain?
No.
Did you ever see any white people use 

water fountain?
No, sir.
When was the la3t time that you 
about the bathroom facilities?
The last tine it was —
Approximately?
About three days before we got fired.
'ViT'T' prrT •J. il J- J - . ̂  • 'ha ■ was ■* n c w r- r ?

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days before he got fired.
THE COURT: Thank you.

BY MR. ESCARRAZ:
q. And v/hat about the water facilities —  

when wa3 the last time that you observed these?
A The same, about three days.
Ql And when was it that you got fired?
A In 1963, sonetime in October.
Q. Would that be around the end of

October?
A I don't remember the date.
q. Tell me how this came up, that is, that

you got fired.
A Well, just like this. We used to work |

five days' a week. That Saturday they say we got to
*work, load some cross-ties that go to the mill.

iOkay. He said, "Who don’t work that !
Saturday"--that mean he must show up now— "no sense 
in him coming out Monday morning."

Q. Who told you that?
I

A Mr. Hancock.
Qt Could you idantify who Mr. Hancock is? j|
£ ^ v*r* ^ ^ ' &  5 c o  -id n **? r

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Smit.h--direct
MR. ESCARRAZ: He said about three

u .  s .  d i s t r i c t  c o u r t

MIAMI. F L O R ID A  z u o i



Smith--direct

j 13 5

! Mr. Yon.
(X Could you tell me how this occurred?
A. So, everybody go to work. EverybodyI

go to work Saturday. Well, we work and make a full
.

jj day there.
Qi Okay.
A. Evervbodv wasn't satisfied, you know,

"
and for a year we have been trying to get somebody to

,I represent us and--
Q. Let's start over and go a little

lj slower, please. What hapnened?
•i THE COURT: Well, he is telling us
| about the dissatisfaction with having to work on 
| Saturday and the resentment about not coming on 

Monday if he didn't work on Saturday.
Isn't that what you said?
THE WITNESS: Yes, sir.:
THE COURT: Take it from there.

BY MR. ESCARRAZ:
What were you unsatisfied with?
Well, a lot of things.
THE COURT: A lot of things?
THE WITNESS: A lot of things, sir.

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Smith--direct

q, C o u l d  you tell us what some of those 
t h i n g s  we r e?

A. Y e s .  Now, I  h a v e  a f e e l i n g i - I  d o n ' t  

k n o w - - m a y b e  I ' m  r i g h t  and maybe I ' m  w r o n g ,  b u t  i f  a 

man q u a l i f i e d  f o r  a j o b ,  I  b e l i e v e  he s h o u l d  g e t  i t  

w i t h o u t  any  d i s c r i m i n a t i o n  and t h a t  he a l s o  g e t  t he  

pay t o  go a l o n g  w i t h  i t .

Q. What j o b s  w er e y o u  t h i n k i n g  o f ?

A. i  work  o v e r  t h e r e - - I  n e v e r  p u t  i n  f o r  

no j o b s ,  b u t  t he  f e l l o w  t h a t  p u t  i n  n e v e r  g e t  i t .

Sometime t h e y  h av e  o i l e r  on t h e  b o a r d  

and I  know two f e l l o w s  t h a t  p u t  i n  f o r  t h a t .

Qi And who a r e  t h o s e  two f e l l o w s ?

A. Leon Mason and J o h n  F r e n c h ,  and t h e y  

n e v e r  g e t '  i t .

Ql And t h i s  i s  one o f  t h e  t h i n g s  t h a t  you  

w e r e  d i s s a t i s f i e d  w i t h ?

BY MR. ESCARRAZ:

A . N o t  s a t i s f i e d ; t h a t ' s  r i g h t .

& What e l s e  were y ou  u n s a t i s f i e d w i t h ?

A . S i r ?

Q. What e l s e  were you  u n s a t i s f i e d v/i t h ?

A . T h e  way t h e y  t r e a t  u s .

& Can y o u  e x p l a i n w h a t  you

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Snith--direct
A. Well, I'm telling you this--if you're 

in the field and anything should happen between you 
and the foreman, anything like that, they take you to 
the office. You couldn't talk to the head man,like 
Mr. Yon was the head man; and there that white man 
would go and tell Mr. Yon anything he wanted to tell 
him and you wouldn't know anything about it.

You couldn't go into the office with 
him. I believe those things were really segregation.
If he told Mr. Yon to send you home, he would send 
you home. He would take one side of the story from 
the white foreman.

0. And so you w e r e unsatisfied with these 
i things. So what happened?

A. Well, after we worked that Saturday,
all of us, sixteen of us guys-~on Monday morning when

Iwe go to work, we say we are going to talk to Mr. Yon 
--understand? iiQ Yes.

A. Well, we went there Monday morning
about a quarter past six, something like that.

We v/as trying to show Mr. Yon--you 
understand me--that if a man is capable enough to doI
a job, ha should get that job without any 

|~------------ " “
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Smith--di.rc.ct
discrimination and also get the pay that goes along 
with it. You understand, I believe.

& Okay.' Excuse me. Go ahead.
A. I believe that Mr. Cluie Hancock— Leon

Mason was driving truck, Tom Everott was driving
truck, Farney Franklin, I think was driving truck.

a All right.
A Mr. Hancock said to the truck drivers,

"Get in the truck and go around the lake.

9.
Leon Mason said to him that the

fellcws--Leon Mason is right there--that the fellows 
want to talk to Mr. Yon this morning. Okay. So, he 
went to Mr. Yon to talk to Mr. Yon.

&
there?

A
ft

A

Can you tell us which fellows were1

You mean the white man?
No, which of the laborers were there? 
All the laborers was there. There was

sixteen of U3.

ft
people? 

do that. We
1
1

Can you give us the names of these

THE COURT: Now, there is nc need to 
have got them pretty much down here. 

i\$., 3  S CARR A 2 : Ok a y .
—

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THE COURT: You nay proceed,

Q Well, then you nay that he, Mr. Mason, 
talked to him? *

Sraith--dirsct

EY MR. ESCARRAZ:

A Ye3, to Mr. Yon, and tried to explain
to Mr. Yon, you know, just what we need.

Qt Did you hear what Leon Mason said?
A I definitely didn't hear what Leon

Mason said, but I know it wasn't anything wrong.
&< You didn't hear what he 3aid?
A No.
& What did you hear?
A What Mr. Yon said.
d What did he say?
A "I don't have no time to talk with you

now and, if you don't want to work, go hone." That's
what he said and walk away.

Q. So what happened?
A Well, all of us are there and feel 

that we are men, and v;e are black, so we walk away 
from there.

ft And he said--
A "If you don't want to work, go hors."
Ct And your feeling was th •

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black and a man and if they didn't want to treat you 
--they didn't want to treat you as a man because you
were black?

A He didn' t..
MR. ESCARRAZ: May we have a moment?
THE COURT: Yes, sir.
MR. ESCARRAZ: We have no further

questions.
THE COURT: Is there any cross-

examination?
MR. HARDEN: Yes, sir.
THE COURT: You may proceed.

CROSS-EXAMINATION
3Y MR. HARDEN:

Q Mr. Smith, did you have a license to
shoot dynamite?

A No, I didn't.
q. Did your foreman on your dynamite crew 

have a license? Do you know?
A He said he had one. I don't know.

I never see it.
Q. Who was your foreman?
A Mr. Clarence Stiles,
ql And ho said that ho had a license?

J A C K  H . G R E E N E

Smith--direct

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V

Smith--cross
A. Yes.
Q. Nov;, when you went to work in the 

morning, did your foremen or someone ever pick you up 
at your home, directing the truck to take you right 
out to the job site?

A. Yes.
Without going by the shop?

A. Sometimes.
Q, And did that happen often?
A. No, maybe if the foreman run later--no.

«r

Q. So what would you normally do? Would
you come into the shop in the morning?

A. Yes.
Q. And then go out in the field to work

that day?
A. Go into the field and work.
Qt How long would you stay at the shop in ; 

the morning before you went to the field?
A. About maybe fifteen minutes, something

like that.
Q. About fifteen minutes before you left?
A. Yes.
Q. And would you be out in the field for

lunch or would you cone back in and e a y o u r  lunch?

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cn j



Sni th--cros3

f ini shed

A. Stay out in the field for lunch.
0, And how about in the evening when you 

your work, would you come back to the shop? 
A. Sometime we have to come in the shop

earlier, you know, quit the field. We leave the
field in time enough to reach the shop if we want
anything in the shop.

Sometime we leave the field at three
o1 clock, like if a machine broke down, and we come to
the shop and stay there all day long.

| q. Did that happen often?
A. Mot very often, not too often.
Ql Did the foreman or anybody ever take

i you hone, directly home, from the field without 
| coming by the shop?

A. Sometimes it happened.
Q. How often would you go into the P.M.S.

Shop? 

morning• 

Shop?

A. Maybe go there more time in the 

q, Did you go once a week to the P.M.S.

A. No, if there were five days, you would
go four times a week.

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Smith--cross

Shop.
A. Wo go there maybe four times a week. 
Q. And how long would you be there?

Qi Well, I'm talking about the P.M.S.

A.

Isometime thirty 
&

the shop where 
A 
0- 
A.

l|| about tv;o oiler 
! & 

k
j

ft

' k
ft

k

Sometime we would be there an hour, 
minutes, and sometime fifty minutes.
Do they have a bulletin board there at 
you came to work?
Yes, I think so.
Did you see any jobs posted for bidding' 
No, I didn't see it myself but I heard 
jobs that-was on the board.

Did you see the board?
I didn't see it.
You never saw the board?
No, I wa3 not looking for it.
You weren't looking for it?
Mo, sir.
MR. HARDEN: That’s all I have.
THE COURT: Any redirect?
MR. ESCARRA2: Very short, Your Honor.
THE COURT: All right. j
MR. ESCARRAZ: I'm sorry, Your Honor.
nk so.

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THE COURT: Thank you You are

excused, sir.
(Thereupon the witness 
was excused.)

THE COURT: You nay call your next
witness, please.

MR. SANDERLIN: We will call Mr.
Bartley Gray.
THEREUPON—

BARTLEY GRAY
was called as a witness by the Plaintiffs and, having 
been first duly sworn, was examined and testified as
follov/s: ,

DIRECT EXAMINATION
IiY MR. SANDERLIN:

g Would you speak up, please, and lean
forward s~o your voice will come through the micro
phone?

■

A. Okay.
. .g Thank you. j

Could you state your name, please.
& Bartley Gray,
g Where do you live?
A. I live in Clevis ton.

nTTR COURT’. TIov do "~'i your firs*'

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j j195
1. Grav--direct

name, sir?
THE WITNESS: B-a-r-t-l-e-y.
THE, COURT: Thank you.

1 3Y MR. SANDERLIN:
& Now, are you employed at the U. S.

Sugar Corporation?

• A. Yes.
• & And how long have you worked for that

company?
A. Well, I started when I was seventeen

1 and I quit for five years, went back in ’61.
11 & So your employment ha3 been continuous

v? since from 1961 until up--up until today?
A. Right.
& And you are presently employed there

now? ■y

#
A. (Nods in the affirmative.)

• & How long-- You do work in the Drainage
Department?

A. Right.
& Okay. How long have you worked in the

Drainage Depar tnent?
A. About three years full time. I was j

• i vorki.i; at the t"'' i. i i d  ̂̂ ~V"? i” \\ £ 3 3 2 C: .1 » . “ • 7*: 3 O r T C l ci C

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Gray--direct
t h e  D r a i n a g e  i n  t h e  summer,  b u t  a b o u t  t h r e e  y e a r s - -  

f o u r  y e a r s  f u l l  t i n e .

Q. And maybe a3 much as f i v e  y e a r s ?

A M a y b e .

ft What i s  y o u r  j o b  i n  t h e  D r a i n a g e

D e p a r t m e n t ?

A L a b o r e r .

a Have y o u  had any  o t h e r  j o b s  i n  t h e

D r a i n a g e  D e p a r t m e n t  o t h e r  t h a n  l a b o r e r ?

A W e l l ,  w h a t e v e r  y ou  d o ,  i t ' s  j u s t  l a b o r .

You may do d i f f e r e n t  t y p e  o f  w o r k  b u t  y o u  s t i l l  do

l a b o r .

ft A r e  t h e r e  any  d i f f e r e n t  c l a s s i f i c a t i o n s

o f  l a b o r e r s ?

A What I  can do?

' ft H o .  A r e  t h e r e  d i f f e r e n t  t y p e s  o f

l a b o r e r s ?  A r e  t h e r e  any  h i g h e r  l e v e l  l a b o r e r s ?

A N o,  i t ’ s a l l  t h e  same.

ft A l l  t h e  same?

A You mean pay r a t e  o r  s o m e t h i n g  l i k e

t h a t ?

ft O k a y .  W e l l ,  a c c o r d i n g  t o  p a y ,  i s

t h e r e ?

A I see, i f  that's what your speaking of.
1

|

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197

G r a y - - d i r e c t

No,  I  was t a l k i n g  i n  terras o f  j o b s .

A. No,  i t ' s  a l l  a b o u t  t h e  same.

&
■

Okay. .  Now, i n  t h e  D r a i n a g e  D e p a r t m e n t

d i d  you  w o r k i n  t h e  d y n a m i t i n g ?  k

A. Y e s ,  I  d o .

' 0'
And do y ou  h e l p  t o  b u i l d  b r i d g e s ?

* Yes .

0- And I  gues s  you r a k e  d i t c h e s ?

A. No.

& You d o n ' t  do r a k i r . g ?

A. I  n e v e r  r a k e d  d i t c h e s .

1
Q. You do wor k  i n  t h e  pump house?

A.
i

Yes .

&
!

Now, w h a t  i n  t h e  d y n a m i t e  work do you

do?

* A. Now, I  wo rk  d y n a m i t e  now and w h a t  I  do

j now i s  make
*

i t  up and g i v e  i t  t o  t h e  man w h a t  p u t s  i t  j

i n  t h e  h o l e ,  

b o t h  o f  them

T h e y  g o t  two t y p e s  o f  r i g s .  I  w o r k  on  

. One t y p e  y ou  l o a d  f r o m  t h e  t u b e  up t o p  |

and t h e  n e x t
!

t y p e  y ou  l o a d  i t  w i t h  a b l o w p i p e  b y  h a nd .

& O k a y .  Now, h av e  t h e s e  t y p o s - - h a s  t h i s

been t h e  p r o c e s s  e v e r  s i n c e  you h a v e  been t h e r e ?

A . No,  we have had t h i s  nr

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! 19 S

•• 1

G r a y - - d  i r e c t

i
t w o  a n d  a  h a l f y e a r n .

ft N e w  t y p e  o f  r i g g i n g ?

1 A. Y e s .  R i g h t  n o w  I ’ m o n  t h e  o l d  t y p e .

& B u t  t h a t  t y p e  h a s  b e e n  t h e r ^  a b o u t - -

A. ' H a s  b e e n  t h e r e  a s  l o n g  as I ' v e  b e e n

't f, w o r k i n g .  T h a t ' s  t h e  t y p e  t h a t  t h e s e  g u y s  w e r a  w o r k i n g

•
1 o n ,  t h e  o l d  o n e .
j

ft W h a t  i s  t h e  d i f f e r e n c e  b e t w e e n  t h e  o l d

. ' t o n e  a n d  n e w  o n e ? 1
A. T h e  o l d  o n e  g o t  a  l i t t l e  m o r e  a u t o -

* m a t i c  w o r k  a b o u t  i t .

a L e s s  p h y s i c a l  w o r k  i n v o l v e d ?

: A. Y e s  .
ft N o w ,  a b o u t  h o w  m a n y  o p e r a t o r s  a r e  t h e r e

i n  t h e  d e p a r t m e n t ?

• r: ' ! ■ *
I • A. T h e  D r a i n a g e  D e p a r t m e n t ?

»
ft Y e s .

•
A. T h r e e  w o r k i n g  f o r e m e n .

ft T h r e e  w o r k i n g  f o r e m e n ?

A. Y e s .
ft A n d  w h a t  k i n d  o f  m a c h i n e s  w o u l d  t h e y

o p e r a t e ?

• A. . W o r k i n g  f o r e m a n - - t h e y  operate some-

• t h i n g  l i k e  a  d ’- i l l  rig, be a  foreman c~

•
J A C K  H.  G R E E N EOFFICIAL C O U R T  REPORTCR 

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MIAMI. FLORIDA 33101



Gray--direct

something like that.
q. You say "working foreman.'' Now, what 

I
i are the other foremen?

A. Thev are your boss man, the head boss
| man.

I
Ct is that Cluie Hancock?
K Yes, he is the assistant foreman, but 

I was working on— I was working for Mr. Clarence as 
1 long as he was there but he left.
j! So ricrht now I*in with Mr. Rutland,

«
j Slim Rutland.

a Okay. How, what kind of crew are you

or. with Mr. Rutland?
A. Dynamite.
q Dynamiting?

,
K Yes.
Qi Do you ever work in the areas where

the dragline is used?
A. Yes.I
Q. In what area of work would you be

| doing this work when you worked with that?
when we build pump houses, 

g. When you are building pump houses?

A. Yes.

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Gray— direct
Cl Mo w , would you do any of the oiling 

of the draglines there?
A No. At one tine I worked about a

couple of days when the oiler was off.
& And so then you took his place as an

oiler?
A Yes .
& Were you able to do the job?
A Oh, yes.

& Were there any complaints at all about
your doing this job?

A No.
& Do you feel that you could do an

oiler's job?
A Yes, sure.
ft Have you ever been on an oiler's job

since you have been there?
A MO.
ft Do you have any reason why?

* I have a reason.
ft What is that?

‘
A I felt like I couldn't get it because-

because of the union.
ft You couldn't cat it because of the

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I201

Gray--dircct
union?

•

A. It’s a union job.

a Why would the union stand in your way?
i

A. Because the colored cculdn'ti join.

a
i

You say that the colored couldn't join?

A. Yes .

0
What would happen if you bid on it,

anyhow?
A. Well, right now I don't think nothing

|| would happen,I «
but at the present tine, then, I was

I '
j

ji scared. I nay get a hard tine about the job.

1; *
Do you think it would put your own job

in jeopardy? Do you think that it would interfere
with your job as a laborer?

|!1 NO.
I Q. You say that you would get a hard tine'

ft. I said if I had to bid on an oiler job
about 1968, I believe I would have had a hard tine

about it; but right now 1 don’t think I have no

problems.
& What do you nean by "right now"?
A. If I was to bid on one now.

i & Today?
A, Y e s  .

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120 5
G r a y - - d irect

CL How a b o u t  i f  y o u  b i d  y e s t e r d a y ?

A- I  t h i n k  It would be o p e n .

Ql And how a b o u t  t h r e e  weeks ago?

A. Y e s ,  i t  w o u l d n ' t  be no p r o b l e m .

Cl ’ I t  w o u l d n ' t  have been a ny  p r o b l e m ?

A. N o .

Cl How a b o u t  t h r e e  nont.h3 ago?
A. I  was t o l d  a b o u t  f o u r  mont hs  ago t h a t

I  c o u l d  b i d  on i t .

Q. D i d  y ou  b i d  on i t ?

A. N o ,  I  d i d n ' t .

Q. Why d i d n ' t  you?

A. I  d i d n ' t  know when one come u p .

Q. B u t  y e t  y ou  w er e t o l d  t o  b i d  on one?

A. Y e s .

Q. You s a i d  t h a t  you were  a f r a i d  t o  b i d  

on one b e c a u s e  i t  w o u l d  i n t e r f e r e  w i t h  y o u r  j o b ?

A, No,  I  d i d n ' t  s ay  i t  w o u l d  i n t e r f e r e .

I  s a i d  I  was s c a r e d - - a t  t h a t  t i m e  I  may h av e  l i t t l e  

p r o b l e m s  a b o u t  h a v i n g  a h a r d  t i m e  i f  I  b i d  on t h e  j o b  

and g o t  i t .

Qt You w o u l d  h a v e  a h a r d  t i m e ?

A Y e s .  T h a t  was b e f o r e  i t  was o f f e r e d

t o  me.

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Qi In other words--woll, okay.
Do you know of any black person who 

bid for this job?
A. I don't know, but I heard--j You see,

at that tine- I was—  I got off from tho mill and there 
was no opening and they put ne in a job at the yard, 
in the sugar company, working in the yard that summer.

g. Well, I would like for you to answer 
my question. My question was: Did any blacks bid on
the job?

A. I don't know.
Q. You don't know?
A. (Shakes head in the negative.)
Ql But you did say that you heard some

blacks bid on it?
• A, I heard that they bid on it.
Q. Do you also know that they did not

Gray— direct

get it?
A. Yes, I know that.
Q. Have there ever been any black oilers 

since you have been there?
A. (Shakes head in the negative.)
Qi Have there ever been any black foremen?
A .  M o .

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Gray--direct
Qi What  i s  t h e  c o m p o s i t i o n  o f  t h e  D r a i n a g e  

D e p a r t m e n t  now?

A.

&
many p e o p l e  

l a b o r e r s ?

A.
&
A.

&*
A.

0
A.

&
A.

' &

I  d o n ’ t  g e t  y o u ,  s i r .

What i s  t h e  r a c i a l  c o m p o s i t i o n ?  How 

w o r k  i n  t h e  D r a i n a g e  D e p a r t m e n t  now as

I  w o u l d n ' t  know.

I s n ' t  i t  somewhere a r o u n d  f o u r t e e n ?  

Maybe,  maybe.

Maybe?

Y e s .

I s n ' t  i t  j u s t  a b o u t  f o u r t e e n ?

Y e s ,  I  w o u l d  sa y  a b o u t  f o u r t e e n .  

F o u r t e e n  o r  f i f t e e n ?

S o m e t h i n g  l i k e  t h a t .

Now, wh a t  i s  t h e  r a c e  o f  t h e  l a b o r e r s

t h e r e ?

A. I t ' s  d i f f e r e n t  p r i c e s ;  d e p en d s  on w h a t

y ou  d o .

Ql I  s a i d  " r a c e . "  A r e  t h e y  b l a c k ?

A. Oh,  y e s .

Q. A r e  a l l  o f  t h e n  b l a c k ?

A. O h ,  n o ,  a i n ' t  a l l  b l a c k .  We ha ve  one

w h i t e .

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O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T

M IA M I .  F L O R I D A  33io;



Grav*--direc t 
Is he still there?& Is he still there?

A. He is still there. We had about three
or four and they got transferred back to the mill.

Ci Three or four when?
A. About two or three weeks ago, maybe a

month ago, but it's still one there.
& You said three or four?
A. Yes.
Q. Isn’t it a fact that it is just one?
A Wo just have one now.
& Isn’t it a fact that he is still there?
A He is still there.

& He was there Friday?
A. Yes.
& And you saw him?

- A 
&

some whites 
A

Yes .
And you say for the season there were 

there?
Yes, v/e had some v/hites--not "we";

they did, during thG season.
q, Nov/, do you ever use the toilet

facilities there?
A Yes , I do.
q. okay. I.-, there a "Black" one, one for

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O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T

M I A r - ' I F L O R I D A  33101



! 20C

• Gray--direct
1 the blacks and one for the whites?

1 A. I don’t see no signs that says "Black"
or “White."

a How are they used?
A. The white, go to one and the colored go

1 to the other.

• & And that's true now, as of last week?
1 A. (Nods in the affirmative.)
1 & And v/hat about the canteen?

A. Well, the white goes on one side and
the colored goes on one. I have got a cup of coffee
on the white and no one said nothing to me.

'*Ls
0- When was that?

*• About a year ago.
THE COURT: Gentlemen, I am going to

recess now.
We will reconvene in the morning at

# nine o'clock . Please be prompt. We will be in recess
until nine o'clock.

(Thereupon the trial was adjourned
for the day, to reconvene on
Tuesday, June 6, 1972, commencing

t • |

at 9:00 a.m.)

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R

U . S . D IS T R IC T  C O U R T

M I A M I .  F L O R I D A  33101



IN THE DISTRICT COURT OF THE UNITED STATES 
FOR THE SOUTHERN DISTRICT OF FLORIDA

No. 71-610-Civ-CF

BUSTER EVERETT, et al., :
Plaintiffs, :

v s . :

U. S. SUGAR CORPORATION, :
Defendant. :

- - - - - - - - - - -  - - - -  - x

East Courtroom 
U. S. Post Office 3uildirig 
Miami, Florida Tuesday, 9:00 a.m.
June 6, 1972

. j The abovc-entitled case came on for further 
trial before The Honorable CHARLES B. FULTON, Chief 
judge, United States District Court, pursuant to 
adjournment.

APPEARANCES:

(Same as heretofore noted)

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U . S . D IS T R IC T  C O U R T

M l  AN’ I . F L O R I D A  33101



(The trial reconvened pursuant to 
adjournment, and the following 
proceedings were had:)

THE COURT: Good morning, gentlemen.
We will proceed.

We had a witness on the stand when we 
recessed and his name is Bartley Gray.

Come up here and have a seat, please.
THEREUPON--

BARTLEY GRAY
resumed the stand and further testified as follows:

THE COURT: Mr. Gray, you were under
oath yesterday and you are under the sane oath today.

THE WITNESS: Yes, sir.
THE COURT: You may proceed.

. IMR. SANDERLIN: Thank you, Your Honor.
• DIRECT EXAMINATION (Continued)

BY MR. SANDERLIN:
Q, Mr. Gray, do you know a Lester Thomley? 
A Yes, I do.
ft I believe he is a foreman at the 

Drainage Department?
A He is not a foreman.
Q. What is he?

IA He is an oiler.

J A C K  H .  G R E E N E
O F F I C I A L  C O U R T  R E P O R T E R

U .  S .  D I S T R I C T  C O U R T

M I A M I .  F L O R I D A  33! 0’



Gray--direct

0- He is an oiler?
A. Yes.
& And do you know a Donald Thomley?

I believe he started to work there about ll̂70.
A. He has a son that works there.
o. Who has a son?
A. Mr. Lester Thomas. I don't really

know his name. That might be his son's name, I <
know. -

Q. What is the race of Lester Thomas?
* A. The race?

Q. Yes.
A.■J He is white.
& Do you know whether or not Lester

Thomley can read or write?
- A. I don't know.
a Have you ever seen him writing any

thing?
A. No, I have not.
Q. Excuse me. It's Thomley,

T-h-o-m-l-e-y, but we are both talking about the
same person. You pronounced it "Thomas."

k He is the same one.
a What is your race, Mr. nr'.-/?

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O F F I C I A L  C O U R T  R E P O R T E R

U .  S. D I S T R I C T  C O U R T

M I A M I .  F L O R I D A  33101



Gray--direct
A B l a c k .

MR. S A ND E RL I N :  We h a v e  no f u r t h e r

q u e s t i o n s .  You may i n q u i r e .

THE COURT:  C r o s s - e x a m i n a t i o n ?

MR. HARDEN: Y e s ,  Y o u r  H o n o r .

/ :
THE COURT:  You n ay  p r o c e e d .

C R OS S - E XA MI N AT I O N

BY MR. HARDEN:

D e p a r t m e n t  as
«*

A
Q.
A
&

M r .  G r a y ,  y ou  w o r k  i n  t h e  D r a i n a g e  

a l a b o r e r ?

R i g h t .

What i s  y o u r  r a t e  o f  p ay  now?

R i g h t  now i t ' s  t w o - f i f t y - e i g h t .

Do y ou  know w h a t  o i l e r s  g e t  r i g h t  now?

A N o,  I  d o n ' t .

• Ql What was y o u r  r a t e  o f  pay  a t  t h e  t i n e

o f  t h e  w a l k o u t ?

A O n e - e i g h t v - f i v e .

Q. D i d  y ou  g o t  a r a i s e  s h o r t l y  a f t e r  t h e

w a l k o u t ?

A I n  a b o u t  a c o u p l e  o f  w e e k s .

Q, Do y o u  remember how much y ou  g o t  w i t h

t h e  r a i s e ?

A I got i t  raised to $2.00.

J A C K  H .  G R E E N E
O F F I C I A L  C O U R T  R E P O R T E R

U-. 8 -  D I S T R I C T  C O U R T

MIAMI. F L O R ID A  30101



Gray-cross
£ You t e s t i f i e d  y e s t e r d a y ,  I  t h i n k ,  t h a t  

y ou  had w o r k e d  f o r  t h e  s u g a r  company for l o n g  y e a r s  

and had p r e v i o u s l y  w o r k e d  i n  t h e  m i l l  b e f o r e  g o i n g  t o  

t h e  D r a i n a g e  D e p a r t m e n t .

A. Y e s .

Q. Why d i d  you happen t o  go t o  t h e

D r a i n a g e  D e p a r t m e n t  f r om t h e  m i l l ?

A. I  j u s t  w o r k i n g  s e as on  t i m e  a t  t h e  m i l l

and i n  t h e  summer I  wor k  a t  t h e  D r a i n a g e  D e p a r t m e n t .

Q. C o u l d  you e x p l a i n  t o  us w h a t  happened

a t  t h e  end o f  t h e  s eason i n  t he  m i l l ?

A. I n  t h e  end o f  t h e  s e aso n I  w o u l d n ’ t

h a v e  no j o b ,  so I  w e n t  t o  t h e  D r a i n a g e  D e p a r t m e n t  so 

I  c o u l d  g e t  a y e a r - a r o u n d  j o b .
j

Ql Why w o u l d n ' t  y o u  have a j o b  a t  t h e  end 

o f  t h e  se aso n?

A. Why w o u l d n ' t  I ?

Q. Y e s .

A. I  d i d n ' t  ha ve  enough s e n i o r i t y  b e i n g

on t h e  j o b  o v e r  t h e  o l d e r  hand a t  t h e  m i l l  d u r i n g  t h e  

summer .

Qt Do you remember  how much s e n i o r i t y  you

had i n  t h e  m i l l ?

A. 140-scme months.

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O P F iC fA L  C O U R T  R E P O R T E R  

U .  S  D IS T R IC T  C O U R T

M I A f ' l .  F L O R I D A  33101



! II212

•
‘ -

Gray-cross

( a Is that months?
A. Months.
a How many years or seasons is that, do

you know, about?
A. Before I left?
a Yes .

• A. About seven. •

Q- About seven years?
A. Seven, eight.
a Do you know or do you have any idea

<
of how much seniority the people who outbid you for
the summer jobs had?

A. Two hundred and some.
&I Months?
A. Months.

' & How many seasons would that come to?
t

A. I wouldn't know.
Ql Well, a lot of seasons?• A. Right.
& So what happened— I believe you came

to the Drainage Department in 1968, you testified?
Well, I was there before *68. I was

! there during the last--

• & Well, this is the last time you cane

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O F F IC IA L  C O U R T  R E P O P T E R  

U .  S . D IS T R IC T  C O U R T

MIAMI. F L O R I D A  32101



I2 1 3
• Gray--cross

there; in '63 you were there the last time?
A. Yes.
& Nov;., hov; did you happen to get the

Drainage Department job?
A. I was transferred by the personnel

office over there.

• ft Did you ask for the transfer?
• A. (No response)

ft Did you take a pay cut?
K A pay cut?
ft Yes. Did you get less money in the

I Drainage Department?
<*> A. Yes.

ft Why were you willing to take a cut in
pay?

‘ A. I had to have a job through the summer,
and if I went --left there when the season started, I

• wouldn't have another job; so I would be going back I
and forth; so I just stayed with the Drainage.

ft Did you pay rent when you were working
at the Drainage Department?

•

1
I did.

ft When you were working in the Drainage
• i Department-- 1

J A C K  H G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U . S . 0 'S T R IC T  C O U R T  

MIAMI. F L O R I D A  3310!



Gray-cross
A. I was working in the mill and just 

about a couple of months before I went to the Drain
age Department, that, summer, they started paying rent.

THE COURT: Explain that, please.
When you worked in the mill you did not get free rent,
did you? ;

THE WITNESS: No, sir.
THE COURT: Did the people at that

time in the Drainage Department get free rent?
THE WITNESS: They had been getting

*
free rent.

THE COURT: When was that stopped, if
it had been stopped?

THE WITNESS: Sometime during that
season, about a couple of months before I went back

)to the Drainage.
THE COURT: When did you go back to the

Drainage Department?
THE WITNESS: I believe the nil! went

down in April.
THE COURT: Of what year?
THE WITNESS: '68.
THE COURT: 1968?
THE WITNESS: 1963, ves.

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O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T

M IA M I .  F L C R 1 C A  33101



THE COURT: April of 1968?
THE WITNESS: (Hods in the afformative.)

BY MR. HARDEN:
Ql Is that the sane year of the v;alkout? 
ft. No, it had to be March.

THE COURT: Eut it was the same year
of the walkout?

THE WITNESS: Yes.
THE COURT: So when you went back in

April or about the tine you went back, either in
*March or April, to the Drainage Department, the people 

who worked in the Drainage Department were paying 
rent to the Sugar Corporation, is that correct?

THE WITNESS: Yes, sir.
j THE COURT: And has that continued

ever since?
THE WITNESS: Yes, sir.
THE COURT: All right.

BY MR. HARDEN:
Q. That v/as before the walkout that you 

were paying rent?
A. Right.
Ql Why did you stay in the Drainage

Department for four or five yearn?

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R

Gray--cros s

U . S . O lS T R IC T  C O U R T  

M ! A W h  F L O R I D A  3 31 0 ’



A. I liked it; get along pretty good with 
everybody else.

Q. Did you go back--could you go back to
the mill if you wanted to?

A. I could have but I didn't want to.

Gray--cross

Now, when you were in the mill, were
you in the union?

A. Yes.
q. And did you pay dues?
A

«r

ft

A
ft

were in the 
A 
* ft
A
ft

A
ft

N

A

I did.
It was deducted from your pay? 
Deducted from the pay.
Did you ever bid on any job3 when you 

union, over in the mill?
I bid on the oiler job.
On an oiler job?
Yes .
Was this a dragline oiler job?
No, that's on the engine bid.
In the mill?
In the mill.

ql What happened at that time?
A My bid went through, but I did get

the job temporarily-~it would have been temporarily

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R

U . S . D IS T R IC T  C O U R T

M I A M I  F L O R I D A  h 3 i o i



Gray--*cross
but an older hand overbid me. I kept the job about 
two weeks.

Q Do you know how much seniority the 
older hand had?

A. He had about two hundred and some
months.

q. You testified yesterday that something 
about--you thought you would have a hard time if you 
bid on an oiler job in the dragline department, in 
the Drainage Department; do you remember that?

A. Yes.
Q. Could you explain to us what you 

meant by that?
A. Well, I didn’t mean the company give

j .me a hard job. I meant there it might be the oper
ator that-run the dragline.

Q. Do you feel that the operator running 
the dragline would give you a hard time if you bid on 
the job now?

A. I don’t believe so.
Q. When was this that you were talking

about?
A. Back in ’65, along in there, during

the walkout.

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U . S . D IS T R IC T  C O U R T

MIAMI. F L O R I D A  33101



Gray--cross
ft Do you have any i d e a  o f  why t h e  

o p e r a t o r  m i g h t  g i v e  y o u  a h a r d  t i m e ?

A. B e cause  I  was b l a c k ,

ft W e l l ,  i s  t h a t  r i g h t ?

ft. R i g h t .

ft flow, a r e  y o u  f a m i l i a r  w i t h  t h e  D r a i n 

age s h o p ,  w he re  y ou  a l l  r e p o r t  t o  w o r k ?

A. Y e s .

ft C o u l d  you d e s c r i b e  i t  f o r  us a l i t t l e

b i t ,  p l e a s e ?  What does i t  l o o k  l i k e ?

ft. O u t  a t  t h e  d e o a r t m e n t  o u t  o f  w h i c h  we

w o r k e d  o u t ?

ft

A.
ft

Y e s .

I t ' s  a b o u t  as l a r g e  as t h i s  b u i l d i n g ,  

Do y ou  know wh e re  t he  b u l l e t i n  b o a r d

i s ?

A. I t ' s  as you go i n  t h e  o f f i c e  on t h e  

l e f t  o f  t h e  o f f i c e  d o o r .

ft Can y ou  see i t  f r om t h e  o u t s i d e ,  t h a t  

i s ,  w i t h o u t  g o i n g  i n t o  t h e  o f f i c e ?  

ft. Y e s .

ft Have y o u  e v e r  seen a ny  b i d s  o r  j o b s  

p o s t e d  t h e r e  f o r  b i d d i n g ?

A. I never paid notice to but I did

J A C K  H. G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U . S . D IS T R IC T  C O U R T

M I A M I .  F L O R I D A  32 io>



Gray--cross
see the bulletin board.

Q. Now, w e r e you at the Drainage Depart
ment on the morning of the walkout?

A. Yes. k

Q. ' Were you there when Mr. Mason had a
conversation with Mr. Yon?

A. I was.
(X Did you hear what Mr. Yon or Mr. Mason

said to each other?
A. Mr. Hancock, he was out front that 

morning, and I don't know what happened at the time 
because I was out talking; but Mr. Yon was in his 
office and he walked outside and asked what was the 
natter.

Mr. Hancock said, "They wants a raise. 
They wants a raise."

0. What did Mason say to Mr. Yon?
A. I don't know, but I did hear Mr. Yon

say, "I can’t give you no raise now but in a week or 
two I night, can," so everybody was just standing I
around.

He said, "If you ain't going to work, 
there's no use standing around. You might as well go j 
home."

J A C K  H. G R S E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U .  S . D IS T R IC T  C O U R T

M I A M I .  F L O R I D A  20101

____________ _____________________\ 2



Gray--cross

Q. Was he s p e a k i n g  t o  a l l  o f  you when he

s a i d  t h a t ?

A. To  a l l  t h e  b l a c k s ,  y e s .

Ql What  happened t h e n ?  i

A. ' E v e r y b o d y  g o t  t h e i r  l u n c h e s  and I  seen  

them g o i n g  home.

Qi D i d  you go hone w i t h  t h e n ?

A. NO.
Q. Why was t h a t ?

A. B e ca us e I  w a n t e d  t o  w o r k .
*

HR.  HARDEN: T h a t ’ s a l l ,  s i r .

THE COURT:  You may s t e p  down.

You n a y  c a l l  y o u r  n e x t  w i t n e s s ,  p l e a s e .  

( T h e r e u p o n  t h e  w i t n e s s  

was e x c u s e d . )

MR. S AN DE R LI N:  Y o u r  H o n o r ,  a t  t h i 3

t i m e  we w o u l d  l i k e  t o  i n t r o d u c e  t h e  r e c o r d s  t h a t  we 

wa nte d t o  o f f e r  i n  e v i d e n c e  y e s t e r d a y .

THE COURT:  G e n t l e m e n ,  we w i l l  be i n

r e c e s s  f o r  a few m i n u t e s  w h i l e  you f e r r e t  t h i s  t h i n g  

o u t .  T a k e  a b o u t  f i f t e e n  m i n u t e s  o r  so .

( T h e r e u p o n  a r e c e s s  was t a k e n ,  

a f t e r  w h i c h  t h e  following p r o 

c e e d i n g s  w er e  had-.'

J A C K  H. G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U . S . D IS T R IC T  C O U R T

M I A M I .  F L O R I D A  33 IOI



THE COURT: You had some* documents,
gentlemen, that you wanted to offer, did you?

MR. SANDERLIN: Yea, sir. We would
like to offer the records from the personnel records 
of the Drainage Department for the years IDG3 and
1972 . -•

THE COURT: Mow, Lawyers, don't "throw"
those things at me. If you’ve got some records in 
there that really mean something and that we can take
a look at, let's do that.

You can mark them all in as exhibits,
Exhibit 1, and then go, for example, 1-A, 1-B, 1-C,
1-D. What I am saying is that I don't have the time 
nor the disposition to hunt for a needle in a hay
stack, that is, if you are just going to come in here 
and dump a bunch of records and say, "Now, Judge, you 
go through these things and see what you can find."

II'm unwilling to do that.
MR. SANDERLIN: Your Honor, we don't

expect to do that.
THE COURT: All right.
What do you have first, c.h« records 

for the year 1963?
MR. SANDERLIN: They are not broken--

they are running records.

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U . S . D IS T R IC T  C O U R T  

M I A M I .  F L O R I D A  3 210 !



HR. KELSO: These are the records for
the Drainage Department employees, laborers and 
bargaining-unit operators as well.

THE COURT: 
MR. KELSO:

employed in those years.
THE COURT: 
MR. KELSO: 
THE COURT: 

box there and have little 
that (indicating)?

For 1908 and 1972?
For employees w^o were

Yes.
Yes, air.
Some of them are in one 

envelopes in it--what's

MR. KELSO: The relevant part of these j
pay envelopes is that on the outside of the envelope 
there is a date of each payroll change, each time he 
got a raise, each time he got a job change, a trans
fer. The file folders here contain the application 
forms. 1 think that's about the extent of the 
additional information in these files

THE COURT: Counsel for the plaintiff,
have you had a chance to look at these records. Do 
you know what's in them?

MR. SAMDERLIN: Yes, we dc, Your Honor.
THE COURT: Is it possible for you

lawyers to stipulate whatever it is that is relevant
and probative and let the Court work

J A C K  H. G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R

U . S . O I S T R IC T  C O U R T

M I A M I .  F L O R I D A  33101



MR. SANDFRLIN: Yes. We will--we 11,
at some point some of the records we will be using 
either through witnesses or whatnot, I think, by the 
time we rest; or at some time we will point out the 
relevant records, the records that we feel are rele
vant.

THE COURT: V7ell, if they are not
relevant, they are not to come in now; but only those 
records that have seme probative value, relevant 
material, and competency at this time should come in,
either by stipulation or otherwise, because the point*
I am making is, I don't want to be inundated with a 
bunch of records that have been just "wheeled" in 
here and have been thrown into the case \<?ith the 
expectation that the Court is going to go through 
those things with a fine-tooth comb and try to ferret 
out whatever it is that's relevant and material.
Well, I'm not going to do that; but with that under
standing I will receive in evidence as an exhibit for 
the plaintiff this box of envelopes.

Now, I don't know how many are in 
there but they should be counted so that, if one got 
lost, wo would know about it.

Now, you don't have to ccunt them now. 
You rav receive that of envelopes ir,to the record

J A C K  H. G R E E N E
o f f i c i a l  c o u r t  r e p o r t e r

U .  5 .  D IS T R IC T  C O U R T



thatfor whatever value it may have or they may have, 
is pointed out to the Court by counsel; and that is 
No. 1 for the plaintiff.

(Thereupon the instruments refer
red to were received in evidence 
as Plaintiffs' Composite Exhibit 
No. 1 . )

THE COURT: Now, let's go to this
other bunch of folders under a rubber band, and you 
may mark that in as Plaintiffs' Exhibit No. 2.
I assume that they are different records.

(Thereupon the instruments refer
red to were received in e-vidence 
as Plaintiffs' Composite Exhibit 
No. 2.)

THE COURT: Now, from time to time, if
you want to make reference to those envelopes or to 
those files, do so by referring to and designating-- 
designating and referring to the paper and referring 
to it as 1-A, 1-3, 1-C, and so forth. They are 
received on that basis. I just want to make it plain 
that I can't and won’t make a microscopic study of 
these things.

Thank you, gentlemen.
THE CLERK: I also have t.h records ,

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Your Honor.
THE COURT:  What  a r e  t h e y ?

THE CLERK:  T h e s e ,  a c c o r d i n g  t o  t he

l a w y e r s - - t h e s e  a r e  r e c o r d s  t h a t  t h e y  e x a m i n e d .

THE COURT:  'Were t h e y  r e c e i v e d  —

THE CLERK:  I  j u s t  s tamped t h e n .

THE COURT:  What  a r e  t h o s e  t h i n g s - - l e t

t h e  r e c o r d  show now t h a t  t h e  c o u r t r o o m  d e p u t y  c l e r k  

and t h e  l a w y e r s  a r e  t a l k i n g  a b o u t  a n o t h e r  s t a c k  o f  

f i l e s  o t h e r  t h a n  t h e  two t h a t  wer e j u s t  u n d e r  d i s c u s 

s i o n .

MR. SANDERLIM:  I t  was o u r  u n d e r s t a n d 

i n g  t h a t  t h e y  w o u l d  cone i n  as one c o m p o s i t e .

MR. KELSO:  I  t h i n k  t h e  i n t e n t i o n  i s

t h a t  t h i s  be p a r t  o f  t h a t  s t a c k  and s u b j e c t  t o  t h e  

sane l i m i t a t i o n s  as t h e  C o u r t  gav e p r e v i o u s l y .

THE COURT:  To  c l a r i f y ,  t h i s  se con d

s t a c k  o f  f i l e s  i s  a c t u a l l y  i n t e n d e d  t o  be a p a r t  o f  

t h e  f i l e s  f i r s t  r e c e i v e d ,  so t h e y  w i l l  cone i n ,  a l l  

o f  t h e n ,  t h i s  b i g  s t a c k  o f  t h e n ,  as a p a r t  o f  

P l a i n t i f f s '  Mo. 2.

A l l  r i g h t ,  g e n t l e m e n ,  y o u  n a y  p r o c e e d .  

You r a y  c a l l  y o u r  n e x t  w i t n e s s .

■MR. ESCARRA2:  We w i l l  c a l l  Samuel

Johnson, Your H o n o r .

J A C K  H.  G R E E N E
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THE C O U R T : You n a y  c a l l  h i m .

2 25

i -4.̂

THEREUPON—

SAMUEL JOHNSON

was c a l l e d  as a w i t n e s s  by t h e  P l a i n t i f f s  a n d ,  h a v i n g  

been f i r s t  d u l y  s w o r n ,  was e x a n i n e d  and t e s t i f i e d  as

f o l l o w s :

BY MR. ESCARRAZ:

D I R E C T  EXAMI NAT ION

Q. Would you s t a t e  y o u r  f u l l  n a n e , p l e a s e ?  

A My nane i s  Samuel  J o h n s o n .  1 l i v e  a t  

R o ut e  2 ,  Box 6 5 ,  C l e w i s t o n ,  F l o r i d a .

Q. A r e  y o u  c u r r e n t l y  e m p l o y e d ?

A Y e s ,  I  an.

Q. Where a re  you e mp lo ye d?

A I  wo rk  f o r  t h e  Ceco C o r p o r a t i o n ,
»

C l e w i s t o n ,  F l o r i d a .

' Ql Can y o u  s p e l l  Ceco?

A Y e s ,  C - e - c - o .

Qt T h a n k  y o u .

What s o r t  o f  t h i n g s  do you d o - - w h a t  

k i n d  o f  w o r k  do y o u  do f o r  t h i s  company?

A I ' m  a p a r t - t i m e  w e l d e r .  I  o p e r a t e

m a c h i n e s  such as tow m o t o r s ,  t r u c k s .

THE COURT:  Nov;, you  a r e  g o i n g  t o  ha ve

t o  a t ? ; ' 7 closer to t h e  m i c r o p h o n e  a n d  t n l x  l o u d e r ,

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M I A M I .  F L O R I D A  3 3 ! 0 i



J o h  n s on -  -  d i r e r. t

p l e a s e .

THE WITNESS; Yes, sir.
I ' m  o p e r a t i n g  m a c h i n e s  3uch a3 tow

m o t o r s ,  such as t r u c k s ,  and so f o r t h .

THE COURT;  T h a n k  y o u .  T h a t ' s  f i n e .  

You may p r o c e e d .

BY MR. ESCARRAZ:

Q. You say  t h a t  y o u  a r e  a p a r t - t i m e

w e l d e r ?

A. Y e s .
€

Q. Do y o u  wo rk  u n d e r  someone o r  do you  

h a v e  someone w o r k i n g  u n d e r  y ou  o r  i s  e v e r y o n e  t h a t  

y o u  w o r k  w i t h  e q u a l ?

A. w e l l ,  t h e r e ' s  a man o v e r  me and I  work

w i t h  f o u r  f e l l o w s  u n d e r  m y s e l f .

■ Qi T h e r e  a r e  f e l l o w s  t h a t  y o u  a r e  i n

c h a r g e  o f ?

K  A t  t i m e s ,  y e s .

Ql And w h a t  i s  t h e  r a c e  o f  t h e s e  f o u r

p e o p l e  t h a t  wor k  u n d e r  you?

K  T h e y  a r e  two b l a c k s  and two w h i t e s .

Q. Where do you p e r f o r m  t h i s  w o r k ,  i n

w h a t  town o r  c i t y ?

K Clewirrtcn, Florida.

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Johnson--direct

a I n  Clewiston?
K Yes.
p. Where, d i d  you l e a r n  t o  do t h e  w e l d i n g  

t h a t  you have t o  do on y o u r  j o b ?  k

A. ' A t  t h e  p a r t i c u l a r  j o b  t h a t  I ' m  on new.  

Q. D i d  you e v e r  w o r k  f o r  t h e  U n i t e d  

S t a t e s  S u g a r  C o r p o r a t i o n ?

A. Y e s ,  I  d i d .

g When d i d  you b e g i n  w o r k i n g  f o r  t h e n ?

A. I  b e l i e v e  i t  was somewhere i n  1 9 6 3 - - I
*

mean 1 3 6 6 ,  s o m e t h i n g  l i k e  t h a t .

Q. And w h a t  d e p a r t m e n t  d i d  y o u  w o r k  i n ?

A. T h e  D r a i n a g e  D e p a r t m e n t .

pi And w h a t  wa3 y o u r  j o b  c l a s s i f i c a t i o n ?

A. I  was a l a b o r e r .

' Ql What work  d i d  y o u  do w h i l e  y ou  were  

w o r k i n g  i n  t h e  D r a i n a g e  D e p a r t m e n t  o f  t h i s  s u g a r  

company?

A I  r a k e d  d i t c h e s  f o r  o n e ;  I  r i c k - r a c k e d

and I  d y n a m i t e d .

Q. Okay. Nov/, when you raked ditches, 
this was in front of the machine?

THE COURT: Lawyer, help me now on
this time business. You know, there in

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Johnson--dirpct

b e l a b o r  t h i s .  Nov;, i f  he r a k e d  d i t c h e s  a t  t h e  S u g a r  

C o r p o r a t i o n ,  by t h i s  t i m e  X know w h a t  he d i d ;  and i f  

he d y n a m i t e d ,  you can t e l l  me w h e t h e r  he made i t  up 

o r  w h a t  h e  d i d ,  b u t  l e t ’ s go on a l i t t l e  n d r e  r a p i d l y  

w i t h  t h i s .  T h e r e  i s  no need t o  r e t r a c k  t h e  t e s t i m o n y  

o f  one o f  the.se men a b o u t  t h e  d u t i e s  o f  r a c i n g

d i t c h e s .  I ' v e  g o t  a l l  t h a t .

We w i l l  be h e r e  a l l  week i f  v/e a o n ' t  

g e t  down t h e  r o a d  a l i t t l e  f a s t e r .  He r a k e d  d i t c h e s  

and he d y n a m i t e d  a t  t i m e s ,  and t h e n  he d i d  t h i s - - w h a t

was t h a t  o t h e r  t h i n g ?

THE W I T N E S S ;  R i c k - r a c k . |
THE COURT:  T h a t  wag i n  1966?I
THE W I T N E S S ;  Y e s ,  s i r .

THE COURT:  And how l o n g  d i d  y o u  s t a y

t h e r e ?

THE W I T N E S S :  To  1D68.

THE COURT:  What t i m e  d i d  y o u  l e a v e

t h e r e  i n  ' 6 8 ?

THE W I T N E S S :  Y e s - - i n  J u n e  o r  J u l y .

THE COURT:  Was t h i s  a f t e r  t h i s  s o -

c a l l e d  " w a l k o f f "  o r  b e f o r e ?

THE W I T N E S S :  B e f o r e .

T HE  COURT:  A i l  r i g h t ,  •“t

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MIAMI. F L O R ID A  33101



1 i230

. Johnson--direct
with this on that basis, please, rapidly, like that,
please.

MR. ESCARRAZ: Thank you, Your Honor.
THE COURT: Yes, sir. You may proceed.

BY MR. ESCARRAZ:
Q Now, the Drainage Departmont— they had

• a serviceman that came around for the ga3 and oil for •
#this ditching machine?

A. Yes, they did.

i Q. Could you describe what happened when
he would come around to your ditching machine?

A. Well, normally, he'll pull up and the
foreman on the particular job I'm working on— he will
go to the truck, and they sit down and carry on a
conversation. The man that I'm working with will
fuel up the machine.

* Q Which man are you talking about? Is

%
this one of the laborers that you are talking about?

A. Yes , it is .
q. So, you have laborers fueling up the

machine?
K Yes.I
Ql And who was responsible for keeping

1
• the ditching machine oiled., greased, and all that? 1

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MIAMI. F L O R I D A  3C101



A. The fellow that I work with and myself. 
q. And what sort of work did you do in the 

dynamite crew?
A. Well, I was the wire man at times.
0. That is tying the wires after the

Idynamite vac in the hole? 
ft. True.
Q. Have you ever been injured on the job? 
A. Yes , I have .
Qt 3riefly, can you describe that for us?

te

A One particular day while we set up a
j| charge for a blast and the foreman, whose name wasI
j Slim Rutland, at the time--the area that we were

working in was pretty muddy.
' We had on these long, loose hip boots 

and the mud had worked its way into the grip on the 
boots, my particular boots, and the bank was wet.

So after I wired up the charge, I was 
coming out the canal and my feet slipped, and I told 
them to hold up.

So two particular fellows was trying 
! to stop it--he rushed over to the truck and shot tha 
| blast, off and I was just coming up--the foreman, that

1 3 - - ’ ? n d  t h e  f u n  o s  f r o m  t h e .  b l a s t  m a c  a  n o  d a  s o d ,

J A C K  H .  G R E E N E

Johnson--direct

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M I A M I .  F L O R I D A  33101



! came and pulled me out of the canal and took me to
! the truck.

■ Q. Did you miss any time at worik because
i of this accident?
.! -*; l ‘7 'A. I believe it was two days.i • . •

Q. Did you get paid for those two days?
i * •A. Not to my knowledge.

THE COURT: Now, tell u.s exactly when
this happened so we can fix the date and make it 
meaningful in the trial. What month and what day was

!;
ii it that you were injured?

THE WITNESS: The month I'm not
familiar with, nor the day either. {

THE COURT: All right,
BY MR. ESCARRAZ:

Q. Can you make some approximation as to 
what it v/as?

A. I wouldn't want to try to.
0. You say that you left the sugar company 

in June or July of 19€8?
K Correct.
Ql Would you describe how you h a p p e n e d  to

stop working for the sugar, company?

J A C K  H .  G R E E N E

Johnson--direct
So tv/o follows, two of my co-workers,

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M I A M I .  F L O R I D A  33JOI



A. Yes, I can. One morning there was 
some business that I had to take care of at the house. 
I didn't report to work on Monday morning.

Tuesday morning I went through my 
daily process of going to the truck to go to work.
The foreman's name was Slim Rutland. As X was aoout 
to get on the truck, he called me and he said, "Wait 
a minute. What are you going to do?"

I said, "I'm getting ready to get on

the truck."
He said to me--he said, "We don't need

you today. You just take off."
I said, "What he said?”
"Cigar" said, "We don't need you any

more."
' Ql Who did you mean by "Cigar"?

A .  Cluie Hancock.
Q. What happened then?
A. I mean— there was nothing more for me 

to do but to pick up my lunch and go back to the 

house.
Qi How, before you were hired by the 

United States Sugar Corporation, how far had you gone

in school?

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MIAMI.  FLORI DA 2 3:Cl

John son--di m e t



1/2

Johnson--direct 
A .  High school graduate.
Q You were a high school graduate?
A. Yes, I an.
0. what kind of courses did yo’i take in 

high school?' Was it academic or did you have some 
vocational?

A. Vocational.
Ql What kind was that?
A. We took up masonry, mechanical.

That's about it.
Qi You had a masonry shop and mechanical

shop?
A. it was all one shop.

MR. ESCARRAZ: May we havo a moment,
Your Honor?

THE COURT: Yes, sir.
BY MR. ESCARRAZ:

Qi Now, this incident that the plaintiffs 
are concerned about when they stopped working for the 
U .  S. Sugar Company, do you, of your own knowledge, 
know what occurred at that time?

A. No, I  don't.
MR. ESCARRAZ: I have no further

questions.

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M I A M I .  F L O R I D A  3310!

U>



THE COURT:

examination on this nan?
MR. HARDEN: One nonant, please, 3ir.
THE COURT: Yes, sir.
What is your age now? *
THE WITNESS: I'n twenty-six.
THE COURT: How long have you been

working for your present employer?
THE WITNESS: About eight months--six

months to be exact. Excuse me.
MR. HARDEN: Your Honor, we have no

questions of this witness.
THE COURT: You may be excused.

(Thereupon the witness 
was excused.)

j  |

MR. KELSO: Your Honor, we would, in
lieu of any cross-examination at this tine, pursuant 
to the Court's prior instructions— we v/ill just 
designate Plaintiffs' Exhibit A for Samuel Johnson in 
evidence and showing his reemployment by the company 
after this time, and go no further.

THE COURT: You are going tc have to
do that specifically now.

I suppose, from what you have said, 
that somewhere in this box is an envelo

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MIAMI. F L O R ID A  J J t o i

Is there any cross-



to this witness
If so, dig it out and lot's make 

reference to it as l-A.
MR. ROBINSON: Your Honor, if it's

going to take tine to do that, why don't we do it at 
the break by stipulation?

THE COURT: You nav do so. This sug
gestion is fron Mr. Robinson and counsel for the 
defense, and it is that they do it at the break and 
designate it jointly, and we will receive it at that 
time; and, of course, by doing so, save tine.

You nay call your next witness.
MR. SANDERLIN: We will call Farney

Franklin.
THE COURT: Fine. You may call him.

THEREUPON--
FARNEY FRANKLIN

was called as a witness by the Plaintiffs and, having 
been first duly sworn, was examined and testified as 
follows:

DIRECT EXAMINATION 
BY MR. SANDERLIN: „

(1 Would you state your name, please?
A Farney Franklin, Jr.
$ Where do you live?

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F. Franklin— direct
A. Route 2, Box 131, Clewiston, Florida. 
(1 Are you employed?
A. I am not employed now.
(X Were you at some time employed by the 

U. S. Sugar Corporation?
A. Yes.
Q. And when did you go to work for the

Sugar Corporation?
A. I think it was the last part of 1961, 

either the last part or early part of '62.
Ql Where in the company did you work?
A. Drainage Department.
q. You say that you went to the Drainage

Department in ’62?
A. Early part of '62 or the last part of

•61.
gi But when you first started, you first

started out in the Drainage Department?
A. That's right.
Qi And did you start out as a laborer

there?
*

A. That's right.
fl Now, how long did you work for the

Sugar Corporation?

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M I A M I .  F L O R I D A  3 3 I O I



! *> *> 11£ ̂  U

• F. Franklin--direct
1 A. First, I think I worked about a year.
1 I can't be specific with the time.

Ql About a year and then you left?
A. Yes.

*
i l

a
a.
a
A.

&

0. And then I take i t  you cane back to
work for the sugar company?

T h a t ' s  r i g h t .

About when was that?
(No response)
Vlas it a year or two years?
I think it was in '63.
Now, when did you leave the sugar 

company? When was the last time that you worked 
there?

A. It was i n  ' 6 8 .

THE COURT: V7hen?
THE WITNESS: 1968.
THE COURT: Did you work there from

1963 to 1968?
THE WITNESS: No, sir.
THE COURT: Let's get the continuity

of it. You were there in 1963 . Nov/, how long did 
you stay from 1963 on as an employee of the sugar
company?

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F. Frnnklin— dircct
THE WITNESS: I think I worked about

another year or bettor.
THE COURT: Then you left?
THE WITNESS: Yes.
THE COURT: And were you then re-

/employed by the sugar company again?
THE WITNESS: Yes.
THE COURT: About what time?
THE WITNESS: I think it was in 1966.
THE COURT: And did you remain then

0
until 1968?

THE WITNESS: That's right.
THE COURT: Was that in October of

1968?
THE WITNESS: That's right, sir.
THE COURT: Were you in the Drainage

Department as a laborer?
THE WITNESS: That's right.
THE COURT: Did you perform the same

Iservices that these other people have been telling me
about there in the Drainage Department?

THE WITNESS: Yes, sir, and also truck
driver.

THE COURT: .Also as a :r- dr iv

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M I A M I .  F L O R I D A  3??oi



2
F. Franklin— direct 

All right. You may proceed.
BY MR. SANDERLIN:

Q. Now, I would like to draw your atten
tion to a meeting that was held by some of the 

! laborers in the department somewhere around the week- 
i end prior to October 28th. Here you at that meeting? 

A Yes.
MR. KELSO: Your Honor,

! the description of it as a "meeting.” 
vant. It's not part of the company's 
to this lavsuit, but it has previously

I object to 
It's irrele-

actions subject 
been describedI

and I object to it.
THE COURT: You mean to designate it

as a "meeting”?
MR. KELSO: Your Honor, the fact that

the employees had a meeting and what they said to one j

|another at that meeting shouldn’t affect the company ;
i

THE COURT: Well, we have not gotten
into what they said. He asked him if he went to a 
meeting of the employees, is that correct?

MR. SANDERLIN: Well, a meeting of
some of the employees.

THE COURT: Well, some of the Drainage
employees.

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F, Franklin--direct

*> 1 1U<p..‘LL

HR. SANDERLIN: Yes, sir.
THE COURT: And you were at that

conference?
|

THE WITNESS: Ye3, 3ir.
THE COURT: Now, don't toll us what

was said.
BY MR. SANDERLIN:

q. Now, sir, did you express any viev/sI
there?

MR. KELSO: I object to the question
; unless it is shown that the company in some way 
i participated.

THE COURT: Overruled. He can tell us
what he said but not what someone else said.

What did you say, if anything, at that
conference?

THE WITNESS: Well, for me to say what
I said and if I don't put in some of the other 
fellows, what they said~-you know what I mean.

THE COURT: Don't toll me what anybody
else said. You may tell me any statement that you 
made at that conference.

THE WITNESS: Well, I said we wasn't
getting equal rights ana we wasn't treated right;

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that any white man that you go out with— ho's your 
boss nan and ho can —  if ho don't fire, you, ho can 
have you recommended to be firsd, and without a union 
you don't have any backup. You don't have anybody 
there to carry your problem to, the problem you have. 
You have to just take it and do the best you can.

Now, I know I had worked out there
eleven months and X have not had a raise and other 
fellows had worked out there--! imagine some of them 
have been working, I imagine, a year, and some had 
been working out there, I imagine, four or five years

And here we had put in for the union,
X imagine, two or three months--I don’t know exactiy- 
before I was transferred out there on the Drainage; 
so I put in an application for the union.

I didn't pay any money because they 
had paid in money and they had not gotten the union, 
and they hadn't even had a meeting.

THE COURT: Are these things that you
said at this conference or are you telling me now
about your complaints?

THE WITNESS: That's right. I went
too far. I'm sorry.

THE COURT: All right. You may

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F. Fran): 1 in--direct



I

continue. Let's put the questions to hi™ and see if 
we cannot go on with this.
BY MR. SANDERLIH:

Q. In other words, it was the concern of
various people that was being discussed?! -*

A. I don't understand.
Q. The purpose of getting together was to jI *.

! review what people were concerned about--
THE COURT: Lawyer, what we are doing

here is just kicking that around unnecessarily.
*

I know that they had a conference and 
I know now that he was there.

jj I know he said something about being 
dissatisfied with the treatment that he was receiving.S

Now, let's move on to something el3e.
I have got this picture so clearly, so there is no

I *
need to dwell on it any more.

Let's see if we can elicit of this 
witness something new and different, somethin7 which, 
perhaps, will help me in deciding this lawsuit.

Thank you.
BY MR. SANDERLIN:

0 Now, Mr. Franklin, after you left the
!| sugar company, where did you go to wer

F. Franklin--direct

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F. Franklin~-direct
THE COURT: Well, I assume he left

the sugar company at the time that these other people 
left in October of 1958 in the so-called "walkoff"; 
is that correct?

THE WITNESS: Well, it wasn't exactly
a "walkoff."

THE COURT: Well, did you leave at
that time?

THE WITNESS: Yes, we left then.
THE COURT: Regardless of whether it

it

was a "walkoff," or whatever it was, you left with 
t^ese other people? ,

THE WITNESS: That's right.
THE COURT: And you have not worked at

the sugar company since?
THE WITNESS: That's right.
THE COURT: Nov/, where do you work

now, or where have you worked since you left the 
sugar company, if that's relevant?

THE WITNESS: I worked for 3urnup and
Sims. 45
BY HR. SANDERLIN:

q. What kind of work did you do at
Eurnv.p and Sins?

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F. Franklin--direct
A. I was a laborer.
& Did you work at any other place?
A. I think the next season I worked with

| the Moore Haven Sugar Corporation.
Q. What kind of work did you do there?
A. Drive truck.
Ql Did you work any other place after

I that?i
A. I worked in between times when the 

season went down.
Q. V?hat was the last job, the last

i

I

employment you had? ,
A. The last employment I had was--! was 

a crew leader over a crew, I had ray own bus and 
carried crews out there.

• 0- You say that you had your own bus?
A. That's right.
Cl Okay. Now, who was this for?
A. This was for the Johnson Brothers in

Immokalee.
THE COURT: They are farmers?
THE WITNESS: Yes, sir.
THE COURT: So that is what you are

d o i n g  now cr d i d  t h i s  loot winter? .

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F. Franklin--direct
THE W I T N E S S :  S i n c e  I  l e f t  t h e  Moore

H a v e n ,  you know,  a f t e r  t h i s ,  a f i v e - m o n t h ' s  season  

p e r i o d ,  w e n t  down.

BY MR. S ANDE RL IN:

Q. w hat  does  a c r e w  l e a d e r  do?

A. W e l l ,  a c r e w  l e a d e r  h a s - - h e  has t o  pay  

t h e  c r e w  o f f .  He has t o  see t h a t  t h e y  p i c k  t h e  r ipe,  

v e g e t a b l e s ,  and l i t t l e  t h i n g s  such as y o u  ha ve  t o  p u t  

t i c k e t s  i n  t h e s e  t r u c k s  b e f o r e  t h e y  l e a v e  f o r  t h e

T h a t ' s  a b o u t  a l l .

MR. S ANDE RL IN:  We h av e  no f u r t h e r

I »
THE COURT:  Is t h e r e  any c r o s s  on t h i s

MR. KELSO:  Y e s ,  Y o u r  H o n o r .

THE COURT:  You may p r o c e e d .

C R OS S - E XA M I N AT I O N

D i d  y ou  e v e r  b i d  f o r  an o i l e r ' s  j o b  

w i t h  U.  S.  S u g a r ?

N o .

D i d  you e v e r  b i d  f o r  any  j o b ?

No.

Now, you indicated that vcu worked at

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p a c k i n g  h o u s e ,  

q u e s t i o n s . 

w i t n e s s ?

BY MR. KELSO:

Q.
w h i l e  y o u  were  

A
0
A
0



! 247
F. Franklin--cros3

the Moore Haven Sugar Company after the walkout.
A. That's right.
ql How many times or how long have you 

| worked for Moore Haven since the walkout?
A. I worked for them three seasons.
Ql Three different winter processing

I seasons ?
: A. That's right.

Qi Was Tom Everett working with you up 
there at that time, part of the time?

A. NO.
q. Do you knov; Tom Everett?
A. Yes.
q. what about James Franklin?
A.
• &

the walkout?
A.

I

Yes.
And he was v;orking at Moore Haven after

}
■

That's right.
THE COURT: Is he kin to you?
THE WITNESS: Yes, sir.
THE COURT: Is he your brother?
THE WITNESS: Yes, sir.
THE COURT: Thank you.

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F. Franklin--cro3s

BY MR. KELSO:
£ Do you know John U. Willians?

A. Yes .
& Was he working up at Moore Haven after

the walkout?
A. Ho, I don't think he worked at Moore

Haven then.
& The '71-'72 crop— the last crop that

you worked there?
A. It's the last crop.
& Was he working there then?
A. Yes.
& Janes Baxter, was he working at Moore

Haven after the walkout?
ft. I don't know about right after the

walkout, but he worked over there.
& At sone point--
A. At sone point.

& ' — after the walkout?
A. (No response)
& What about Lawrence Scott?
A. He didn't work over there with ne, not

the tine I was there.
MR. KELSO: No further questions.

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249

THE COURT: May I excuse him, gentle
men?

MR. S ANDE RL IN:  Y e s ,  s i r .

T H E COURT: You a r e  e x c u s e d .

( T h e r e u p o n  t h e  w i t n e s s  

was e x c u s e d . )

THE COURT:  C a l l  y o u r  n e x t  w i t n e s s ,

p l e a s e .

MR. S ANDE RL IN:  A t  t h i s  t i m e  we w o u l d

l i k e  t o  c a l l  Leon Mason.

THE COURT:  He i s  a p l a i n t i f f  i n  t h i s

*
I c a s e ?I!

MR. S ANDE RL IN:  Y e s ,  s i r .

T H E R E U P O N - -

LEON MASON
;

was c a l l e d  as a w i t n e s s  by t h e  P l a i n t i f f s  a n d ,  h a v i n g  

been f i r s t  d u l y  s w o r n ,  was e x am i n e d and t e s t i f i e d  as 

f o l l o w s :

D I R E C T  E XAMI NAT ION

BY MR. SANDERLIN:

Q. Would you s t a t e  y o u r  name,  p l e a s e ?

A. My name is Leon Mason. I live at
2204 Northwest Ninth Street, Fort Lauderdale.

Ql A r e  you employed?
K  I  am.

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Q. Where are you employed?
A. Burnup and Sims.

THE COURT: Now, you will have to talk
I <a little louder, please. *

THE WITNESS: Yes, sir.
THE COURT: Thank you.
You may proceed.

SANDERLIN:
Q. What is your position at Burnup and

A. Foreman.
(1 What department?

.
h. Conduit Division.
Q. Did you v/ork at the United States

, j
Sugar Corporation?

'A. Yes.
Q, And when did you work at the United 

States Sugar Corporation?
A. I started in 1962 and— over at the 

Bryant Sugar Mill; that's all the same.
Ql That's all the same company?
A Yes. I worked there for about three 

seasons, I think it was. Then I got a transfer from

I Mason--d irect

there to the Drainage Department in Cl

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BY MR.

S ims ?



I

0. when did you leave the U, S. Sugar
Mason— direct

Corporation?
In 1968.

Q, Now, was your employment continuous
from 1962 to 1968?

A Yes.
g, Now, you say that part of that time

you worked, that is, at that tine, at the Bryant
Sugar Mill?

A. Yes.
«r

0. And a part of that time in the Drain
age Department?

A. That's right.
q. When did you first work in the Drain

age Department?
%
A. I think it was in 1965.
Ql Now, what was your position in the

Drainage Department?
A Laborer.
Qi Now, you have heard the various jobs

mentioned, like working dynamite. Did you work that?
A Yes, I did. I was also a truck driver
q, As a truck driver, what did you do?
A Nell, we hauled marl or.

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Mason--direct

muck. We hauled rocks.
& All right. Nov;, during the time that

you were at the Sugar Corporation, did you bid on any

jobs there? *
A Yes.
& And what jobs were they?
A The oiler job.

What is an oiler's job?
A Oil on the dragline.
& What does it pay, or do you recall

<
what it was paying at the time you bid for it?

A I think it was about two-seventy-six.
•» & How much were you making at that time?

A
Q.

of an oiler?
A
&
A.

machines?

At the time I was making $1.85.
Now, were you familiar with the duties

Oh, yes.
And had you done it before?
I oiled on these ditch pumps.
THE COURT: You mean on the ditching

THE WITNESS: Yes; the same thing.
It's a "couch" pump.

T F E  COURT:  Well, l e t ' s

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Mason— d i r e c t

" d i t c h i n g  n a c h i n e . "  T h a t ' s  w h a t  e v e r y b o d y  else, c a l l s  

i t  and i t  i s  e a s i e r  t o  follow.
THE W I T N E S S : Y e s ,  s i r .

TIIE COURT:  A l l  r i g h t .

BY MR. SANDERLIN:
Q, Now, when y o u  made t h i s  b i d ,  w h a t  were  

t h e  r e s u l t s ?

A. w e l l ,  I  g av e —  I  had two s h e e t s .  I  

g a v e  one t o  Mr .  Yon and X g av e  one t o  B i l l y  o x u n t .

He i s  t h e  u n i o n  n e g o t i a t o r - e x c u s e  me — L o u i s  B l u n t .

q. Now,  w h a t  was t h e  r e s u l t  a f t e r  you

t u r n e d  i n  t he  b i d ?

A. I  d i d n ' t  g e t  no a ns we r  b a c k .

$ Now, was t h e r e  a v a c a n c y  a t  t h e  t i m e

t h a t  y o u  made t h i s  b i d ?

A. O h ,  y e s ,  b e c a u s e  t h e y  w e n t  o u t  and  

t h e y  h i r e d  a new f e l l o w  and p u t  him on t h i s ,  gav e  

him t h e  j o b .

q. You saw t he  f e l l o w  who was h i r e d ?

A. Y e s .

(X And had he w o r k e d  f o r  t h e  company

b e f o r e ?

A. N o ,  he d i d n ' t  wo rk  i n  t h e  D r a i n a g e

Doper

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Mason--direct
I don't know whether he was at the 

mill. I don’t know whether he was at the mill work
ing or not; but as far as I know, he was not working 
there, this one that they picked up out off the 
street somewhere.

0. Well, do you recall his name?
A. I don't know his name because he 

didn't work there too long, anyway.
q Now, after he left--you said that he

worked thero for a 3hort time and then the job became 
vacant?

A. I don't know. In other words, I didn’t 
know about it because I didn't get no answer from the 
first one--otherwise--I just did it because I know I 
wasn't going to get the job no way.

' Q. Why do you say that?
A. Well, common sense will tell you that 

if they would go out and pick up a white man and put 
him on this job and I'm already there and know about 
the job and they won't give it to me, just tell me, 
say, like a boss man should, something like that-- 
he's going to w$lk up and say, "Well, I want you to 
do this this morning, oil on this machine. If you do 
c.ll r '.ght t you can just, keep the job ?.r. l *. ‘.an you con

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Mason--d< root
join the union," or something; but they picked up a 
man out of the street and put hiri on the job and all 
he had to do, after he got the job, was join the 
union.

In other words, I'm a black nan and 
so that’s not a black nan's job, the way they feel 
about it.

a
job?

Do you know if anyone else bid on the

A.«tr
same job.

John French. Me and him bid on the

& And neither one of you got it?
A. No, we never did get an answer back.
& Now, on this Monday morning, October

23th, I believe it was you who had the conversation 
with Hr. Yon?

A. I did.

place?
And can you tell us how that took

A Yes.
Q- Please do.
K Vjell, we had decided to ask him for a

raise during that weekend and we was going to ask him
b e f o r e  w a  g e l : scattered cut, you know, going away-”

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M £3 o n— direct

while all of us is around the shop there, because vs 
go from place to place.

Half will go this way and half that 
way, so we were all going to stay there and ask him 
about the raise and see what he 3ay about it.

So to keep from having so many people 
ask him at the same tine about it, I just went up and 
asked him about it for all of then.

I asked him--I told him just like
that-- •• *"

* THE COURT: Who is "him"?
THE WITNESS: Mr. George Yon.
THE COURT: Mr. Yon?
THE WITNESS: Yes. I asked him that

we want to see him this norning and we want to talk 
to him about a raise.
DY MR. SANDERLIN:

Q. VJhat did he say?
A. He said, "I don't have time to fool 

with you all now. You all either go to work or go 
home."

Q. Then what happened?
/A. We just stood there a little while and 

Mr. Hancock say— he said, "You all going to got the

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Mason— direct
trucks and go out?"

Well, we just didn't say anything to
hin. We just walked right on out the gate. In other 
words, I think you would do the same thing.*

q. ‘ Now, was your employment terminated at
that time?

K Well, that afternoon C-. Small came out 
and he had a paper in his hand and he asked us, "Is
any of you all going back to work?"

I asked him like this--I say, "Did
*

they give us a raise yet?"
He said, "Not to my knowledge."
So, I said, "Not to our knowledge,*1 

just like that. So he pulled off.
The next day he came back out with a 

paper with our name on it and wa3 telling us who was 
fired and who could come back to work.

Now, did you go back to the company at

Went back to pick our checks up.
You were informed to cone and oick up

/

Yes.
Now, after you left the

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all?

A .

&
the check?

A .

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Mason--direct

did you work?
A. Burnup and Sins.
0■ And that has been continuously up until

today?
A. Right.
& But before going there, did you look

for employment anywhere else?
A. Yes, I went on this sugar refinery and

something like about two or three hours later-~during
the same day we walked out— I went over there and in 
the main house and worked there thirty minutes and he 
asked me my name again and I told him and he said 
that I was fired, said that I couldn't work there.

& What was this man's name?
A. I don’t know. I didn't ask him what

his name was. a*

ft Was he a foreman or an official of the
company?

A. He wasn't--! don't know. He had to be
a foreman, you know, for him to hire, superintendent
or something.

.
He must have been a superintendent on

the job. /
Q- Did you actually begin work?
A. Yes.

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Mason-~direct
Oi Okay. So you worked up until tho time 

that he told you that you were fired?
Il I worked for about thirty minutes. 
q. Did you go anywhere else looking for

a job?
A. Well, I went down to this other place-- 

I forget-~they do work in canals. It's the Flood 
Control District.

He said that he was all full up. I
didn't look any more for a job until for about a week*
or two and then I went to Burnup and Sims.

Ql Now, your employment at that point 
with Burnup and Sins has been continuously up until 
today?

A. Yes.
' Q. And what was your job when you first

went with Burnup and Sins?
A. I was a laborer.
Q. What were your duties then, if you can 

just briefly tell us what you did?
A. What I did?

Yes, or what kind of crew you worked
with.

I was laving oipcs when ■ ont

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there, started laying pipes, little old four-inch 
pipes, so about— I did that about six weeks and he 
made me a trainee foreman.

I worked as a trainee foreman for 
about eight months, something like that, and then he 
made me a full forenan.

Qi Full foreman?
A Yes.
Q. And you are a foreman now?
A Yes.

<(

Qt How many people do you have working
| under you now?

Mason— direct:

A I have five working under me now.
Ql V7hat are your responsibilities?
A My responsibility is to see that they 

lay the pipe right and see that they are not laying 
them on a rock or, after they lay then, to see that 
the rock doesn’t get on top of them; make sure they 
are covered; make sure that there is no broken pipes 
in the ditch and make sure they lay there straight 
and clean inside.

Q. About how long have you had your 
present position, since you made full foreman, up
until today--about hr: leng has that been?

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Mason--direct

A Something like about three years , I

think.
& How much do you earn?
A. Four-fifty. *

& Four-fifty an hour?
A. Yes.
& Mr. Mason, when you put the bid in for

this oiler's job, you mentioned that you put in the
bid--when did you put the bid in?

A. I don't know when it was, but I think

it was in the year 1968.
& Do you recall whether cr ndt itI

v;a s

the early part of the year?
A. It was pretty warn. I thin!< it was in

the summertime. It was around April or May, some-
thing like that, about April. 1

& Now, you said that the bid ■was in

writing, a duplicate bid?
A That I bid?
& Yes.
A Yes.
0- .Where did you get the forms or did you

have forms? . -
A 7~ s.

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0. well, where did you get then fron? 
h Fron Louis Blunt. He's a union 

negotiator.
gi So you went up and asked hin for them?
A. Yes, he gave then to me.
g, And you filled it out and gave one

copy to--
A I gave one copy to Mr. Yon and one to

Louis Blunt, who is the union negotiator.
Ql n o w , what was the race of the persons

that were hired for this oiler job?
A. White.

MR. SANDERLIN: Thank you. We have
no further questions.

THE COURT: Do you have any cross-
♦ « examination?

MR. KELSO: Yes, Your Honor.
T H E  C O U R T :  You n a y  proceed.

C R O S S - E X A M I N A T I O N

BY MR. KELSO:
q. Mr.' Mason, you stated that you sub

mitted a written bid for an oiler's job?
A. Yes.
Ci That was a union job:

J A C K  H ,  G R E E N E

*las on--direct

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MIAMI. F L O R I D A  33IOI



Mason--croci?
A. Right.
0 And you submitted a copy to Mr. Yon?
A. Yes, and one to Louis Blunt,
0- Did you previously give a deposition

in this case and did you previously testify under
; oath at a deposition in the company's offices?■

A. Did I do what?I
j 0. Did you previously testify about two
weeks ago in the company's office with a court 
reporter taking down your testimony?

A. Yes, I did.
Cl And you were under oath at that time?
A. I imagine I was.
a Mr. Mason, at that time you were

..■a3ked --
THE COURT: Give us the page number,

please. Let's have the page, please.
MR. KELSO: Page 20 of Mr. Mason's

testimony, Line 13.
THE COURT: Thank you.

BY MR. KELSO: *
0- Referring to Line 13:

"Cl And that was a bid job,
in other wer’’-, all the urtior jobs

J A C K  H .  G R E E N E
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MIAMI. F L C ^ lC A  33101

\ U



Mason--cross

v;ere b i d  j o b s ?

"A, Y o s ,  So they kept us out 
of the union just to keep from bid
ding on a job like that.
A. Right,
ft Line 17:

hq. well, did you over ask 
George Yon or one of your foremen 
about bidding on one of those jobs?" 

Your answer:
"A. No, I didn't."

K I didn’t ask him about bidding.
q, "ft Where were the jobs posted
for the bids?

"A. Stick it on the bulletin
« Aboard.

"ft Did you see some of the 
posted job listings?"

Your answer:
"A. Oh, anybody could see it,

look at it and sea it."
Then the question:
"ft Dut you never did--
11 a. We x i , I knew bet ■*- - >.

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M I A M I .  F L O R I D A  3310!



Mason--cross
to ness v/ith it. I couldn't get 
it no v/ay."
A. And. you didn't ash me did I bid on it

or not.
q. You don't think you were asked about

bidding?
A. You didn't.

MR. SANDERLIN: Your Honor, if
Mr. Kelso is asking this witness a question, I think 
then it i3 proper for him to take whatever phrase he 
wants from that and put it in the form of a question 
rather than ju3t to go into colloquy and reading 
things into the record from the deposition.
BY MR. KELSO: i

Qi Did you testify what the reporter wrote,
~ adown here?
A.

You was asking
If you asked me, I would have told you. 
the questions and I was answering.
Did you testify what the reporter wrote

down?
I did.
THE COURT:

what he said here today is
with at you read

Well, I cannot see that 
in any way inconsistent

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MIAMI. F L O R ID A  331G1



1 266

Mason--cross
MR. KELSO: Ho says here that he has

bid on a job, and in his testimony he i3 talking 
about "You couldn't bid" and "Did you ever talk to 
George Yon about bidding a job?" Then, "No," that 
he didn't ever ask George Yon about bidding the job.

"VJere the jobs posted?"
"Yes, they were posted, but you 

couldn't get then."
THE COURT: What page is that?
MR. KELSO: Page 20.*
THE COURT: All right. You nay

proceed. *
BY KR. KELSO:

ft Were you in the union when you worked 
at the Bryant Sugar Mill?

K I wa3.
q. Had you ever bid on a job over there?
A. I have.
ft What job was that?
A. I bid on pan helper and the crystal

lizer job.
THE COURT: What was the first one?
THE WITNESS: Pan helper.

C  T- '  I P  ■ ? • * n  *• H - «rs  3- i :A 2 J  - A * < ; • l u  V  4 • w  C- • w  - J  « . --*■

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U . S .  D IS T R 'C T  C O U R T

M I A M I .  F L O R I D A  03TC1



Mason— cross
THE WITNESS: The crystallizer job.
THE COURT: The pan helper and then

the crystallizer job?
TIIE WITNESS: Right.
THE COURT: Thank you.

BY MR. KELSO:
Q. What were the results of your bid

there?
A. I didn’t get it because another man 

had a fev; days more than me/ about one or two daysf
f ;

and he got it.
MR. KELSO:* No further questions.
THE COURT: Just one minute, Mr. Wit

ness.
I want to ask you a few questions.

Just give'ne a moment.
MR. KELSO: Your Honor, there are some

additional questions in the testimony of this record 
concerning a bid. May I read that in?

THE COURT: If you want to use it for
impeachment, you nay. The witness is here.

Now, the v/ay to do that is to ask him, 
if it has impeachment value, did you or did you not
make these statements in response to th ■ '-s questions;

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M I A M I .  F L O R I D A  33101



! 26 S

Mason— cross
md then let him say if that's right and explain it if

he wants to.

to?

Now, what page are you making reference

MR. KELSO: I an now on Pages 9 and 10
of this man's deposition.

THE COURT:  All right.
You remember testifying at the time 

that was referred to earlier, do you, Mr. Witness?
THE W I T N E S S :  I  d o .

THE COURT: Now, read him the questions
and answers that you want him to consider.

MR. KELSO: This is on Page 9, Line 21:
"ft Well, do they ever bid 

the oiler's jobs like they do up 
in the plant?

"A. Yeah, but I couldn't bid 
for it.

"ft How do you know you 
couldn't?

"A. vV I wasn't in the union and 
I couldn't get in the union. They 
wouldn't let me in the union, and
in other words if I had bid for it

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M IA M I .  F L O R I D A  32JOi



M a 3 o n - - c r o s s

and got it, I would have been fired 
the next day.

"(X Did you ever try to bid
for an oiler's job?

"A. Yeah, I did. Well, I 
didn't try to bid for it, now, be
cause I couldn't. Just like I say, 
only the union bid for jobs. Put 
it up on the board for the union.

"CX Did you ask about it?
I mean how did you find out about 
it, that you couldn't bid?

"A. Well, I always knowed 
enough to know that. You know, be
cause I was in the union once. And 
'a man that ain't union, if a union 
job is up there, he can't bid on it."

THE COURT: Now, the question is: Do
you recall having those questions put to you and do 
you recall giving those answers?

THE WITNESS: I do, Your Honor.
THE COURT: Thank you.
MR. KELSO: Your Honor, based on this,

I nova t h a t  his testimony t h a t  ho bid on those jobs

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M IA M I .  F L O R I D A  3"!Oi



Mason--cross

bo stricken.
THE COURT: The notion is denied.
One of the jobs that you did for them 

when you worked in the mill was pan helper. Now,
! what was the other job again?

THE WITNESS: Crystallizer.
THE COURT: Crystallizer?
THE WITNESS: Right.
THE COURT: How long did you work in

|| the mill?
,

THE WITNESS: About throe seasons.
THE COURT:, Beg pardon?

li THE WITNESS: Three seasons.
THE COURT: About three seasons?
TIIE WITNESS: That’s right.
THE COURT: And what seasons were|

|| those?
THE WITNESS: Cone again?
THE COURT: What seasons were those?

What years were they?
THE WITNESS: ’62, I think, somewhere

along there, up until '65, and then I got a transfer.
THE COURT: To the Drainage Departncnt?

EPS : (Hods in th - a f f i rr. ative.)

J A C K  H. G R E E N E
O F F IC IA L  C O 'J R T  R E P O R T E R  

U .  S . D 1 S T R IC T  C O U R T

M IA M I .  F L O R I D A  33?o»



THE COURT: How did you happen to

transfer? Did you ask for the transfer or did they 
transfer you?

THE.WITNESS: They didn't transfer me.
You see, I was living in Pahokee, and I moved to 
Clewiston.

Now, I didn't want to ride back down 
to Pahokee, which it was during the summer and I
didn't nave a job then, anyway.

THE COURT: Well, the question is: Did
you ask the company to transfer you to the Drainage

«•

Department?
THE WITNESS: I did.
THE COURT: When was that, as well as

you can remember--about 1965?
THE WITNESS: 1965.
THE COURT: When you were in the mill

as an employee there, ’were you a laborer in the mill?
THE WITNESS: No, I was a— wait— I'll

tell you in a minute.
THE COURT: Just take your time. We

are not in any big hurry here.
THE WITNESS: I was an evaporator

helper.
:he ecu" Evaporator

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M I A M I .  F L O R I D A  33101



I
I 272

V'—

up and wash then out, you know.
THE COURT: In 1965, when you left thatj

job, how much pay were you getting as an evaporator
helper in the mill?

THE WITNESS: I was getting--! think
it was two-forty an hour or something like that.

THE COURT: When you asked to be
transferred over to the Drainage Department, the 

j labor group, did you receive a reduction in salary?
THE WITNESS: I did.
THE COURT: From—
THE WITNESS: A big one.

I
THE COURT: A substantial decrease,

I
wasn1t it?

THE WITNESS: Right.!
THE COURT: And that v;as because it

was better for you to work over there because you 
lived at Clewiston now; is that correct?

THE WITNESS: That's correct.
J  THE COURT: Now, when you were in the
S union--I mean in the mill, were you a member of the
union?

THE WITNESS: Yes. I had to open than |

THE WITNESS: I was.
THE COURT:  W h i l e  you w er a  a member

J A C K  H. G R E E N S
O F F IC IA L  C O U R T  R E P O R T E R

U . S . D IS T R IC T  C O U R T

M  A y! F L O R I D A  3 S t o i



27
o f  t h e  u n i o n  and you were  w o r k i n g  in t h e  mill and you j 
d i d - - y o u  d i d  b i d  f o r  pan h e l p e r  and c r y s t a l l i z e r ?

THE W I T N E S S :  ■ Y e s ,  I  d i d .

THE COURT:  B u t  y ou  say  you d i d n ' t

r e c e i v e  t h o s e  p o s i t i o n s  b e c a u s e  somebody had a l i t t l e  

more s e n i o r i t y  t h a n  y o u  d i d ,  i s  t h a t  c o r r e c t ?

THE W I T N E S S :  T h a t ' s  c o r r e c t .

THE COURT:  I s  t h a t  d e c i d e d  and

c o n t r o l l e d  by  t h e  u n i o n ?

T H E W I T N E S S :  I t  i s .

THE COURT:  Now, when you l e f t  t h e

m i l l  and w e n t  o v e r  t o  t he  D r a i n a g e  D e p a r t m e n t ,  you  

d i d  n o t  c o n t i n u e  t o  be a member o f  t h e  u n i o n ,  d i d  you?

THE W I T N E S S :  N o,  I  d i d  n o t .

T H E COURT:  Why was t h a t - ~ b e c a u s e  t he

u n i o n  d i d  n o t  o r g a n i z e  t he  D r a i n a g e  w o r k e r  l a b o r e r s ?

THE W I T N E S S :  T h a t ' s  r i g h t .

THE COURT:  T he  o n l y  j o b s  t h a t  w er e  i n

t h e  D r a i n a g e  D e p a r t m e n t ,  w h i l e  y ou  w o r k e d  i n  t he  

D r a i n a g e  D e p a r t m e n t ,  w h i c h  w e r e  u n d e r  t h e  u n i o n - -

THE W I T N E S S :  T h a t  was t h e  o p e r a t o r s - -

THE COURT:  T he  o p e r a t o r  o f  t h e  c r a n e

and o f  t h e  d i t c h i n g  m a c h i n e - -

T HE  W I TN E S S :  Wh i ch  was a l l  w h i t e - -

THE COURT: Yes.

J A C K  H .  G R E E N E
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u. s. D IS T R IC T  C O U R T

M I A M i  F L O R I D A  as to i



and t h e  a l l  w h i t e  was i n  t h e  u n i o n .  I n  o t h e r  w o r d s ,

t h e y  was t h e  o p e r a t o r s .

THE COURT:  O v e r  i n  t h e  m i l l  b o t h

w h i t e  and b l a c k  wor e members o f  t h e  u n i o n ,  i s  t h a t  

; c o r r e c t ?

THE W I T N E S S :  T h a t ' s  c o r r e c t .

THE COURT:  Now, d i d  y o u  go t o  t h e

u n i o n  o r  t he  u n i o n  p e o p l e ,  M r .  D l u n t  o r  anyone e l s e ,
■

i and c o m p l a i n  a b o u t  t h i s  and t r y  t o  g e t  t h e  u n i o n  

i e s t a b l i s h e d  o v e r  i n  t h e  D r a i n a g e  D e p a r t m e n t ?
I 4$

THE W I T N E S S :  N o,  I  d i d n ’ t .

THE COURT:  You n e v e r  d i d ?

THE W I T N E S S :  ( S h a ke s  head i n  t h e

THE WITNESS: And the nil white did

n e g a t i v e . )

THE COURT:  H r .  W i t n e s s ,  when y ou  f i r s t

w e n t  t o  w o r k  a t  B u r n u p  and S i m s ,  w h i c h  was a week o r  

so a f t e r  y ou  l e f t  t he  S u g a r  C o r p o r a t i o n ,  as I  u n d e r 

s t a n d  i t - - i s  t h a t  c o r r e c t ?

THE W I T N E S S :  C o r r e c t .

THE COURT:  — y ou  w e n t  t o  w o r k  as a

l a b o r e r ,  d i d n ' t  you?

THE W I T N E S S :  Y e s ,  s i r .

THE COURT:  And how much was y o u r

salary then as a labour r at Burnup and o..ms?

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F L O R I D A  3 3 ! O i



getting about two-something; but, anyway, I went up. 
They went right up and they told ne that if I worked 
two weeks, I would get a rise. I went right up. I 
don't know what I started off with. k

THE COURT: After eight months voxi
became a foreman? f

THE WITNESS: Not eight months. I was j

a trainee foreman and I worked from trainee foreman 
up to foreman.

THE COURT: How long had you been*
there when you became a foreman?

THE WITNESS: About a year.
THE COURT: And as a trainee foreman,

how much was your compensation?
THE WITNESS: I was getting two-3eventy~

five as a trainee foreman.
THE COURT: And when you became a

foreman, you got four and a quarter?
THE WITNESS: I didn't get it then.
THE COURT: How much did you get then?
THE WITNESS: I was getting ’bout

three-seventy-five. Then we went up.
THE COURT: And it kept going up

gradually?

J A C K  H .  G R E E N E

THE WITNESS: I started off--I was
I

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MIAMI. F L O R ID A  33101



i f i f t y ,  and I  w i l l  g e t  a n o t h e r  o n e .

THE COURT:  I s  y o u r  w o r k  done now i n

| P a i n  Beach C o u n t y  o r . S o u t h  F l o r i d a ?  Where do you
|i

!] w o r k  now? SI
THE W I T N E S S :  I ' m  w o r k i n g  i n  M a r g a t e

| j  novr. I t ' s  moved a r o u n d .  I ' m  j u s t  a b o u t  t h r o u g h  w i t h

ii
t h e  j o b  I ' m  on now.

I  hope t o  g e t  t h r o u g h  w i t h  i t  b e c a u s e

j I  ha ve  j u s t  a n o t h e r  l i t t l e  c r o s s i n g  t o  make,  and I
..

| w i l l  be t h r o u g h  w i t h  i t .
| *

THE COURT:  And t h e n  y ou  w i l l  be movedII
jj t o  some o t h e r  p l a c e ?

THE W I T N E S S :  P r o b a b l y  go t o  H o m e st ea d.|
THE COURT:  You may c r o s s - e x a m i n e .

. ,

MR. S AN DE R LI N:  We h a v e  no f u r t h e r

i; q u e s t i o n s :

THE COURT:  You may s t e p  down.

( T h e r e u p o n  t h e  w i t n e s s  

was e x c u s e d . )

THE COURT:  You may c a l l  y o u r  n e x t

I w i t n e s s .!
MR. S AN DE R LI N:  A t  t h i s  time we w o u l d

l i k e  t o  c a l l  B u s t e r  E v e r e t t .  He i s  a p l a i n t i f f .

THE COURT:  Y e s ,  s i r .  Yo y -r

J A C K  H. G R E E N E

I
THE WITNESS: Yes, it got up to four-

O F F I C I A L  C O U R T  R E P O R T E R

U .  3 .  D I S T R I C T  C O U R T

MIAMI. F L O R IC A  33tOl



THEREUPON—
BUSTER EVERETT

was called as a witness by the Plaintiffs end, having
been first duly sworn, was examined and testified as

S follows:
1 DIRECT EXAMINATION

1
BY MR. SANDERLIN:!

* Would you state your name, please?
A Buster Everett.

o-
Where do you live?

a Clewiston, Box 361.
ft Where are you employed?
A With the Housing Authority.

1
THE COURT: Where is that?

jI THE WITNESS: In Clewiston.
j BY MR. SANDERLIN:

-ft Did you work for the United States
i #! Sugar Corporation?

A Yes, in 1967, 1963.
a And did you work in the Drainage

1 Department?
A I did.
ft Speak up a little, please, sir.
A I did.
n% Now, while you ware in t’v: Drainage

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M I A M I .  F L O R I D A  33101



Department, did you work in the occupations or duties 
as have been described here?

Everett— direct

A Yes, I did
o. Did you do dynamiting?
A I'm sorry. I didn't hear you.

Q. Did you do dynamiting?
A Yes .
Q. And you did rick-racking?
A Yes, rick-racking.
& Now, prior to coming to the United

States Sugar Corporation, where did you work?
A. Before I came to the sugar company?
Ql Yes.
A. X worked in New Jersey, the Salem

Pipe and Iron Company.
q. What did you do there?
A. I was a crane operator.
q. What wa3 your job as a crane operator?
A. Well, at night I had to unload trucks

and load a box for a cupola.
Q. Did you also operate a crana?
A. Yes.
q. What war, that operation? Briefly

describe it, please.

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U .  S -  O tS T R IC T  C O U R T

M IA M I .  F L O R I D A  33toi



Everett--direct
ft. That was an overhead crane. You set 

up over and you look clown and you pour hot i-.on .̂roin 
the cupola back to the guys working in the back. j

q. About hov? hot was that, the temperature? 
ft. Thirty to twenty-nine thousand degrees. 
q, Were there any hazards involved? 
ft. Well, if you drop it too hard, it

could 3plash, yes.
Ci Nov;, did you have any prior experience 

with dynamite before going to the U. S. Sugar Corpo
ration?

|i

ii!

t *

i

ii

ii

A. I shot it in New Jersey. V7e used a 
fuse and cap there.

q, A fuse and cap--is that different from
the dynamite that you used at the Sugar Corporation?

A. Yes.
q. What's the difference?
ft. Well, it's more dangerous than caps

are. If you drop it or rub too hard, they could 
easily explode.

You cut a fuse and you stick the fuse 
in the cap; then you push it down in the dynamite 
and you have to light that with a match.

Cl Now, you have been saying fuse and cap.
.ii_______________________________________________________

J A C K  H .  G R E E N E
O F F I C I A L  C O U R T  R E P O R T E R

U .  S .  D I S T R I C T  C O U R T

MIAMI. FLORIDA 93IC1



i what other kind is there?| A It’s electric. You have to use elec-
i

trie to discharge it*
(V A fuse going to the cap rathfer than

!| a detonator or charge? . ,
! '7'A Right.

q. Now, on October 2 8th, were you with 
the group that went to talk to Mr. Yon?

A Yes.
q. Nov;, was that about the tine--was your

employment ended with the company at about that time?
Yes. t
Now, what did you do after you left 
Sugar Corporation?
Where did I work next?
Yes, or did you try for employment? 
Yes. Well, I went to a couple of

What were the names of the places that

I went to the fertilizer plant.
And what is the name of that fertilize

I don't know. All I kn

Everett--direct

United States
I

A
! ' 0- 

A
I ,; places.

I &i
you went to?

A
0.

plant?

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O F F I C I A L  C O U R T  R E P O R T E R

U .  S.  D I S T R I C T  C O U R T



Everett— direct
fertilizer plant. X don’t know the name of it.

Cl Okay. What happened— you went chore
for employment?

A. Yes.
q. And were you hired?
A. N O .

ql What happened?
A He asked ray name and one of the fore

men said that he got a letter with the names from 
the sugar company not to hire those names.

ql Did he tell you whether or not your
name was one of them?

A. Yes.
ql Now , did you go anywhere else?

MR. KELSO: Your Honor, I object.
I nova to'strike that testimony. It's hearsay.

THE COURT: The motion is granted.
He is telling me what somebody told him. That is 
rank hearsay. It has been objected to and there is 
a motion to strike. The motion is granted.
BY MR. SANDERLIN:

Qi Did you go any other place to ge*. a

job?
1 went to M core Havan»

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Everett--direct.
q. Moore Haven Sugar Corporation?
A Yes.
Q. And were you hired?
A No, but I put in an application, but 

I never went back. I had got another job.
Q. What was your next employment after

the United States Sugar Corporation?
A Burnup and Sims.
q. And how long did you work for then?
A Just about three years.

j r

THE COURT: When did you go to work
for Burnup and Sims?

THE WITNESS: Sometime in November of
1963 .

THE COURT: Within a week or two or a
short time after--

THE WITNESS: Yes, it's somewhere
along in there.

THE COURT: Thank you.
BY MR. SANDERLIN:

g- What kind of work did you do at
Eurnup and Sims?

A I helped build manholes.
Q. Did you receive any trailing nr Burnup

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Everett— direct

and Sims?
/L No, not offhand, no.

After you left Burnup and Sims, what
kind of work did you do?

THE COURT: How long did you work for
Burnup and Sins?

THE WITNESS: I worked there for three

years.
THE COURT: Were you a laborer there?

Would you call that labor work?
THE WITNESS: Yes, I was a laborer for

pbout two and a half years and then I come to be a 
foreman trainee.

THE COURT: You may ask him about his
wage, please.
BY MR. SANDERLIN:

q, Nov.’, how much were you paid when you 
first went there as a laborer at Burnup and Sims?

ft. Starting off it was two and a quarter.
pi T w o - t w e n t y - f i v e ?

A Yes.
Ql And before you became a foreman

trainee, did you receive any raises?
A Two-cighty.

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Ever©tt--diroct 
Qi • Two-eighty?
A. Yes.
Q. And when y ou  became a f o re ma n t r a i n e e ,

how much did you get? ^
A. I went to three and a quarter.
Q. What was the last position that you

had with Burnup and Sins?
A. Foreman trainee.
0. Now, you said that that was for a 

three-year period after-- 
A Yes.
q. --after you left Burnup and Siins--

When did you leave there?
ft. I think I left them in 1971. I think 

something like that.
gi In 1971? i-I
A (Mods in ‘the affirmative.)

THE COURT: How much were you making
then--throe-seventy-five?

THE WITNESS: Three and a quarter.
I left there in 1970. I'm sorry. I left in 1370.
BY MR. SANDERLIN:

& And then where did you work?
ft. I worked for South Bay f.o~ *

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Everett--direct
while driving tractor.

q. What kind of tractor?
ft. It's called a Wagner, big rubber tires

and a D6 on tracks.
q. How long did you work for then?
A. I worked for South Bay Growers about

six months, I think, through the season.
q. Now, when did you go to work for the

Housing Authority?
A. I went there January 9th, 1972.

•K
q. Then you have been working there since

and up until today?
A. Yes.
q. W'nat are your duties? What kind of

I
| work do you do?

A. I'm a rauamaker for the plasterers.
ij I make the mud.

q, By "mud" you mean plaster?
JL Yes.

THE COURT: January, 1971--is that
when you went to the Authority?

THE WITNESS: 1972, Your Honor,

January 9th.
THE COURT: What Ia y t’.'.e re?

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Everett— <3 irect
THE WITNESS: Four and a quarter.
THE COURT: Thank you.
MR. SANDERLIN: We have no further

j questions.
THE COURT: Did you hear the conver

sation between Mr. Mason and Mr. Yon on the morning 
when Mr. Mason and others left the employment at the 
sugar company?

THE WITNESS: Yes, I did.
THE COURT: On that occasion didjj «

| Mr. Mason ask Mr. Yon for more pay for the Drainage
i

Department employees?j
THE WITNESS: Yes, he did.
THE COURT: Is that what he asked him?
THE WITNESS: Yes, some kind of words

like that^
THE COURT: What did Mr. Yon say to

him?
THE WITNESS: Well, he told him he

j didn't have time to fool with him and "If you all|
! don't like that job, go hone."

THE COURT: All right. Thank you.
Is there anything further?
MR. T

\ JL u Mo, sir.

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THE COURT: C ro s s - ami n a t i on ?
MR. KELSO: Yes, sir.

CRO S S-EXAMINATION
BY MR. KELSO:

a Did you come to work for U. S. Sugar
directly after coming South from New Jersey?

A. Yes, sir.
(X

U. S. Sugar?
Do you have a brother who v.'orks for

A. Yes, Tom Everett.
Ql Was he working for U. S. Sugar when

you got here from New Jersey?
A. That's right.

4

& Where was he working?
A. In the Drainage Department.
&

there?
And was he the one that got you on

A. Yes .
& You applied for the job in the Drain

age Department?
A. Yes .

& Did you ever bid on any other job?
A. No.
CL Do you have a blaster's license?
A. No, sir.

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288

Your Honor,

witness.

i Moore.

MR. KELSO: No further questions,

THE COURT: May I excuse this witness?
MR. SANDERLIH: Yes, Your Honor.
THE COURT: You are excused, sir.

(Thereupon the witness 
was excused.)

THE COURT: You nay call your next

MR. ESCARRAZ: V7e will call Clinton

May it please the Court, before we 
swear the witness, could we talk to counsel? We 
would like to enter a stipulation that all the wit- 

( nesses that we have called at this tine have been of 
the Negro race.

MR. KELSO: So stipulated.
THE COURT: What is the stipulation

again?
MR. ESCARRAZ: That all the witnesses

j which we have called to this point are Negro.
MR. KELSO: So stipulated.
THE COURT: All right.

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I f

j THEREUPON--II
| CLINTON MOORE

|j was called as a w i t n e s s  by the Plaintiffs a n d ,  h a v i n g  

! been f i r s t  d u l y  s w o r n ,  was exa mi n e d and testified as 

f o l l o w s :  \

THE COURT: Before we proceed with
J

t h i s  w i t n e s s - - i 3  t h i s  y o u r  last witness? ;
MR. ESCARRAZ: He is not the last

witness, Your Honor.
THE COURT: How raanv more v;itnesses

do you have?
MR. ESCARRAZ: I believe we will have

two more.
THE COURT: What are their names?

|

MR. ESCARRAZ: We expect to call
! Mr. Sikes and Mr. Yon.

THE COURT: Fine.I
'! Now, this gentleman's name is what? 

DIRECT EXAMINATION
BY MR. ESCARRAZ:

Qt What is your name, sir?
A. Clinton Moore.
q. Where do you live?
K My address is 3260 Northwest 203th

| street, Carol City, Florida.
i|

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Moore--di met
p. Did you work f o r  t h e  U. S. Sugar 

C o r p o r a t i o n  at any tine?
A. Yes, I did.
g. When did you begin working for then?
A. Sometime during the last part of 1967.

a What department did you work in?
A. Drainage Department.
a And what was your job classification?
A. Laborer.
a«r What race are you?
A. Black.
Q- And as a laborer in the Drainage

D e p a r t m e n t , d i d  y ou  wo rk  i n  t he  d y n a m i t i n g ?

A Correct.
a Did you do rick-racking?
' A Correct.

a Did you build pump houses?
A No, I never worked with those.
a Did you build bridges?
A No, not bridges.
a Did you rake ditches?
A Ye3.
a And while you were raking the ditches

did you have any other duties that ’

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Moore— direct
other things that you had to do with reference to this 
ditching machine?

A. well, we had- -1 had— me and the guy I 
was working with had to build it up, you know, grease 
it.

q. And w h a t  was y o u r  p ay  w h i l e  y ou  w o r k e d

in the Drainage Department as a laborer?
A. My pay was between $1.60 and $1.65, 

but in the deposition I made a mistake and said that 
it w a s  $1.85.

q You testified under oath earlier?
A. Right. I  made a  mistake and said

$1.85.
Q. And it was what?
A. It was between $1.60 and $1.65. 
q. Do you know what other jobs other than 

laborer, other job classifications there were in the
D r a i n a g e  D e p a r t m e n t ?

A H o , I  d o n ' t .

Q. Do you know whether there were any 
oilers or operators or anything like that?

A Any other?
ql Well, let me w i t h d r a w  t h a t  q u e s t i o n .

ij Okay.

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Moore--direct
. •Did you over got an opportunity to see

all of the laborers in the Drainage Department to
gether at one time when you worked there?

A Yes. *
n. ' And'what time of the day would that be?
A. It would be in the morning ■ time , most

tines in the morning tine.
You would see most of then on Thursday 

afternoon when you go to the shop to g e t  paid.
q. Were there any white laborers in the

Drainage Department?
A. No, it was not.
Q. And you had, as you worked in the

Drainage Department——you had a foreman that worked in

the department?
A, Yes.

£
A.
a
A
&
A
Q.
A.

What race was the foreman?
White.
What race were the oilers?
White.
And what race was the serviceman? 
White.
What race were the operators?
White.

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29

Moore--direct
p. Did you have an opportunity to see all 

of these people and to observe what race they were?

A. Yes j I did.
ql v!ere there any black persons that had

any of these jobs?
A. No.

&
A.
a

Did you ever bid on any of these jobs? 
No, I didn't.
Where did you live when you worked for

the sugar company?
A. C lewis ton.
Qt Did you live in one of the company

houses that had been previously described?
A. No, I did not.
Q. Okay. Now, what were the names of 

some of the foremen that you worked under at the 

sugar company?
A. Slim Rutland, Wade —  I don't know his 

last name; all I know is VJade and Clarence otil-j . 
That's all I can remember right now.

Do you know whether Wade can read and

No, we filled out our own time sheets.
And wh a 1 about SI in Ru*;.l ...

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write?



A well, I don't know whether ha can read 
or write, but I gather he couldn't because everybody 
was spelling his name because he would ask then how 
to spell it.

£1 Where did you work--let ne begin again. 
When did you stop working for the United States Sugar
Company?

Moore--direct

A. Sometime in 196 3.
Q. And this was in October?
A It could have been, yes.
gt Was this the same incident that

Mr. Mason and Mr. Everett have discussed previously?
A Right.
q. Now, did you hear what Mr. Mason said

to Mr. Yon?
’A No, I was behind the crowd. I could 

hear what Mr. Yon said to Mr. Mason because Mason—  

he spoke with a softer voice than Mr. Yon.
q What did Mr. Yon say?
A He told Mason that he didn't have the 

time to talk to him about the raise, and if we didn't 
like that, we could go home.

q, So what happened?
A We stood around for a little while and

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Cluie Hancock —-he asked Mason abbut was they going 
to take the trucks out or something. They didn't say 
anything to him. They just turned and got their 
lunch cut of the truck and walked out the g^te.

Ql • Did you go with them?
A. Yes, sir, I went with them.
Ql Did you try and get a job after you

left the sugar company?
A. No, not right then. Tha reason I

didn't try was because there was nobody hiring,
*because about the letters and things that the sugar 

company sent to other places. I
THE COURT: Just one minute. Do you

know that from your own knowledge or is thi3 vhat

Moore--direct

| they told you?
THE WITNESS: I'm going by what they

j; told me.
THE COURT: That's stricken. Let him

!! tell us what he knows.j
MR. ESCARRAZ: Yes, Your Honor.
THE COURT: You may proceed.

BY MR. ESCARR7\Z :
Cl What was the first place that you went

I to work after you left the sugar ccr;-.v

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Iloore--direct
A After I left, it was Burnup and Sins.
Ql And approximately when was that, how

long after you loft?
A About two or three weeks, maybe a

month. I don't know exactly.
n And what did you do there?

I was hired as a laborer. 
q. And what was your rate of pay there?
A They start me off at $1.35. They said

. .  .that I could work up to "who knows what I could be 
making."

How long did you work for Burnup and

ft

A

Sims?
&

A

&
-A

A week.
V7hat happened then?
I quit there and went to South Bay

Growers

11 & And what did
A Well, I went

racking.
THE COURT:

■

THE WITNESS:
1

THE COURT:
'1 THE WITNESS:

To South Bay.

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Moore--direct 
THE COURT: Thank you.

DY MR. ESCARRAZ:
0. Where did you work when you worked for

Burnup and Sins?
A. West Pain.I
q. Where were you living at the tine?«

! A, C lev? is ton.
q, Where did you work when you worked for

South Bay Growers? Where was that?
A. South Bay Growers is in South Bay,

I! *■
Florida, but we would be working down by Clewiston. 

ft How long did you work there?
A. I worked there about six to eight 

i months or longer. I'm not sure how long.
Q. What were you paid there at South Bay

.ij Growers? *A. Well, we was making--on the rick-rack
ji|j we were making $15 a day and we had a certain amount 

of boxing to rick-rack; you start at so much a box.
In other words, if we go to work and

!| we didn't load up but five trucks or three or four||
| trucks, we got $15 a day.||

THE COURT: But if you loaded more,
you got more; is that it?

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Moore.— direct
THE W I T N E S S :  E i g h t .

BY MR. ESCARRAZ:

p. I s  t h a t  a l l  you  d i d  a t  S o u t h  Bay  

G r o w e r s  o r  d i d  you  have any o t h e r  wo rk  t h a t '  you d i d  

i n  S o u t h  Bay G r o w e r s ?

A. T h a t  v/as b e f o r e  I  w o r k e d  f o r  t h e  s u g a r  

c ompany ,  U.  S .  S u g a r - - t h a t  was a f t e r .  I  w o r k e d  a t  

S o u t h  Bay G r o w e r s  b e f o r e  I  w o r k e d  f o r  t h e  U.  S .  S u g a r  

Company.

Q. W e l l ,  w h a t  d i d  y o u  do b e f o r e  you  

w o r k e d  f o r  t h e  U n i t e d  S t a t e s  S u g a r ?

A. I  was w h a t  y ou  c a l l  a " bo x  m a n , "  

p u l l i n g  b o x e s ,  and t h i s  i s  a t  S o u t h  Bay G r o w e r s .

In o t h e r  w o r d s ,  a f t e r  t h e  l a d i e s - - t h e y  

h av e  l a d i e s  on t h e  m a c h i n e  and t a b l e s  l i k e  t h i s  

( i n d i c a t i n g ) . T h e y  w o u l d  box them and p a ck  them i n  

i t ,  and when t h e y  g e t  t h e  box f u l l ,  I  w o u l d  p u l l  t h e  

box o f f  on a h y d r a u l i c  c h a i n .

THE COURT:  E x c u s e  me f o r  one r .oment,

p l e a s e .

What he d i d  a t  t h i s  o t h e r  place b e f o r e  

he w e n t  t o  t h e  s u g a r  company w o n ' t  h e l p  us much.

L e t ' s  f i n d  o u t  w h a t  he did later and 
ji a b o u t  h i s  income, that sort of t h i n g .

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BY MR. ESCARRAZ:
Mooro--direct

& , Did you do anything else at the South 
Bay Growers? Did you work v/ith any machines there?

A No, just rick-rack.
Q. Now, where did you go after you stopped 

working at South Bay Grov/ers?
tu To Sealtest Milk and Ice Cream Dairy

here in Miani.
Cl And what job did you have there?
A. I started as a laborer, a load-out in

the ice cream, night load-out.
I worked there for betv;een six and 

eight months and they transferred me into production.
I worked--! started working there on 

the night shift. VJe were cleaning the tanks. I was 
operating the C.I.P.

I worked on that for a few months and 
I moved up to a Senior Sanitizer. The senior sani
tizer is the man that know all of the jobs in there, 
in production, at night.

After I made that, then they made me 
a working foreman. That's what I am now, working 
foreman.

a Is this still at nirrh

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3 0 C

Moore--direct
A Yes.
0. What sort of pay do you get now?
A. I make three-fifty-two an hour.
Q. Okay. And, a3 the foreman, what sort

of responsibilities do you have?
A. well, I have to make sure the tanks be 

cleaned properly, make sure that the guys have the 
right amount of soap in them, and make sure the pure 
packs be tore down and put back together and washed 
properly.

And the presses, also make sure they 
would be tore down and put back together properly, 
washed with the proper amount of soap; and also the 
separator“”have to make sure that the men be very 
careful with the separator because you can easily 
damage the part3 on it; and then I know how to run 
the hot water, chlorine water for the night pasteur
izer, if he be late showing up.

Q. Then you have to cover for the night
pasteurizer?

A Right, if ho be late.
ql That means that you have to know what

his job is as well?
A Right.

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1 !3 01
11j Mooro--diroct

i (l Okay. How long have you been foreman?
i11 A. I would say about close to about a

/ year.
.
MR. ESCARRAZ: May I have a fconent,

i Your Honor?
THE COURT: Yes.

1 How much were you paid when you first

.

went to Burnup and Sims? Was that $1.85?
THE WITNESS: Yes, sir.ii ■■ ■THE COURT: And I presuno, from what

j you say, that when you went to the South Bay Growers,1
your pay was a little higher than at Burnup and Sim3; 
is that correct?

THE WITNESS: Fifteen dollars a day
and all over--

THE COURT: Did it work out to more
than $1.85 an hour?

THE WITNESS: Right.
THE COURT: Are you employed at the

present time at the Sealtest here in Hiani?
THE WITNESS: Right.
THE COURT: Thank you,,
MR. ESCARRAZ: We have no further-

quest ions .

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j examination?i MR. KELSO: Mo cross-examination.
THE COURT: You may step down.

(Thereupon the witness V 
was excused.)

THE COURT: You may call your next
witness, please.

MR. SANDERLIN: We will call
| Mr. George Yon.

'* *
THEREUPON—

GEORGE YON
I was called as a witness by the Plaintiffs and, having|
i been first duly sworn, was examined and testified as
!|| follows:

DIRECT EXAMINATION
|

| BY MR. SANDERLIN:
q. Would you state your name, please?
A George Yon.
q. Where do you live, Mr. Yon?
A 2707 South 15th Street, Fort Pierce,

Florida.
Q. Are you presently employed?
A No, I am retired.
0. Are you retired from th

!!
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THE COURT: Is there any crocs-

O F F I C I A L  C O U P T  R E P O R T E R  

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M IA M I .  F L O R I D A  3210!



a n
Yon--direct

Sugar Corporation?
A Correct.
0. What was your position with the United

States Sugar Corporation at the tine of your retire
ment?

I
A. I was superintendent of construction

and maintenance in the Drainage Department and also 
the Railroad Department.

Q. Drainage Department?
A. And railroad maintenance, construction

and maintenance.
Q. Railroad construction--
A And maintenance, right.
0i How long-- When did you become super

intendent of the Drainage Department?
'A. The second time some twenty years ago. 

I don't remember the exact date.
Q. What was the date of your retirement?
A August, the end of August, 1970.
Q. Now, you have been a superintendent 

for twenty years prior to that tine?
A Yes.
Q. Nov;, about how many men-- What is the

responsibility of the Drainage Deparuonh?

J A C K  H.  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

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M I A M I .  F L O R I D A  33101

f
i i



304

A. w e l l ,  you h a v e  p i l e s  o f  c a n a l s  to  d i g  

and m a i n t a i n  and l e v e e s  t o  b u i l d  and punps  t o  i n s t a l l ,  

and g e n e r a l  l a n d  r e c l a m a t i o n  w o r k ,  t a k e  t h e  w a t e r  o f f

o r  p u t  i t  on when i  t. * s n e e d e d .

Q. A b o u t  hov; n a n v  nen a r e  e m p l o y e d  i n

t h a t  d e p a r t m e n t ?

A. I t  v a r i e s  f rom t w e n t y - f o u r  t o  f o r t y ,  

d e p e n d i n g  upon t h e  t i m e  o f  y e a r  and t h e  need o f  t h e  

wor k .

THE COURT:  I s  t h i s  t h e  D r a i n a g e

D e p a r t m e n t ?

THE W I T N E S S : Y e s ,  s i r .

THE COURT:  T h a n k  y o u .

BY HR.  SANDERLIN:

Qt You s a i d  t w e n t y - f o u r  t o  f o r t y .  Now,  

l| w o u l d  t h a t  i n c r e a s e  be a l i t t l e  o u t  o f  p r o p o r t i o nI
t h r o u g h o u t  t he  d e p a r t m e n t  a t  t h e  h e i g h t  o f  t h e  season?|  

A. W e l l ,  i t  v a r i e s  some s e a s o n a l l y ,  b u t  

i t  a l s o  v a r i e s  as new wor k  comes o n .  I f  y ou  wa nt  

more l a n d  p r e p a r e d  o r  s o m e t h i n g ,  i t  i n c r e a s e s  t he  

amount  o f  w o r k .

Q. Nov/, v;hat  a r e  t h e  j o b  p o s i t i o n s  i n  the  

D r a i n a g e  D e p a r t m e n t ?

A w a l l ,  t h e r e  i s  t h e  d r a g l i n e  o p e r a t o r s

Yon--direct

J A C K  H .  G R E E N E
O F F IC IA L  C O U R T  R P P O W TC R  

U .  S .  D r S T K I C T  C O U K T  

M I A M I .  - L O R I D A  D*5iO'



Yon--direct

and o i l e r s  and d i t c h e r  o p e r a t o r s /  w h i c h  cone i n  t h o  

same c a t e g o r y  as t h e  d r a g x i r . o  o p e r a t o r /  and t h e  

l a b o r e r s .

Ql Do you  have a s e r v i c e n a n ?  \ 

ft. ' we h av e  one s e r v i c e m a n .  

q, And how many f o r em e n  do y o u  h a v e ?  

ft. From one t o  t h r e e .  T h a t  v a r i e s  w i t h  

t h e  w o r k .  O v e r  t h e  y e a r s  i t  has v a r i e d  f r o m  one t o  

t h r e e .

THE COURT:  L e t  me g e t  t h e s e  c o r r e c t l y .

You ha ve  d r a g l i n e  o p e r a t o r s  and d i t c h i n g  o p e r a t o r s /

i s  t h a t  w h a t  y ou  c a l l  them?

T HE  W I T N E S S :  W e l l ,  d i t c h e r  o p e r a t o r s ,

y e s .  Most  o f  them a r e  t h e  same.  T h e y  c o u l d  be 

t r a n s f e r r e d  ba ck  and f o r t h  as t h e  need o f  t h o  d i f f e r 

e n t  m a c h i n e s  v a r i e d .

THE COURT:  T h e y  a r e  i n t e r c h a n g e a b l e ?

T H E W I T N E S S :  Y e s ,  i n t e r c h a n g e a b l e .

THE COURT:  And y ou  h av e  an o i l e r ?

THE W I T N E S S :  O n l y  on t h e  d r a g l i n e s .

T h e r e  was n e v e r  an o i l e r  on t h e  d i t c h i n g  m a c h i n e s .

THE COURT:  J u s t  one m i n u t e .

You h a ve  a man t h e y  c a l l  a " b l a s t e r " ?  

THE WITNESS: Yes, sir.

J A C K  H .  G R E E N E
O F F I C I A L  C O U R T  R E P O R T E R  

U .  S.  D I S T R I C T  C O U R T

M IA M I .  F L O R I D A  ssioi



Yon--d irect
TTIE COURT: And dragline operators

and ditching operators and the oiler only on the 
dragline; and the blaster and serviceman for all of 
them; is that correct? h

■ THE'WITNESS: Correct.
THE COURT: And in addition to that,

there were no others out there except on occasion 
you and/or somebody under you and the laborers; is 
that correct?

THE WITNESS: Yes. They had assistants
out there.

THE COURT: Yes, I understand.
BY MR. SANDERLIN:

Q. You say during this twenty years that-- 
First, what was your position before you became 
superintendent of this department?

A Well, when I first went to work for 
the sugar company, I was in charge of the railroad for 
a couple of years.

Then I went into the agricultural
department for about ten years.

Then I came back a time or two during 
that ten years and I had charge of the draglines for a
short time. At that time they weren't

J A C K  H .  G R E E N E I
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U . S . D I S T R I C T  C O U R T

M I A M I .  F L O R I D A  33101



Yon— d irect
much,  d i d n ' t  have many,  so I  w o r k e d w i t h  t h e  a g r i c u l 

t u r a l  d e p a r t m e n t  a b o u t  ten  y e a r s  and t h e n  w e n t  back

i n  c h a r g e  o f t h e  d r a g l i n e s  and r a i l r o a d .

ft When y o u  sa y  " d r a g l i n e , "  y ou  moan i n

t h e  D r a i n a g e D e p a r t m e n t ?

1 K T h a t ' s  c o r r e c t .

Q. Now, d u r i n g  t h a t  t w e n t y - y e a r  p e r i o d ,

was t h e r e  e v e r  a b l a c k  f or eman?

A. N o t  i n  t he  D r a i n a g e  D e p a r t m e n t .

T h e r e  was i n t h e  R a i l r o a d  D e p a r t m e n t .

0- I n  t h e  R a i l r o a d  D e p a r t m e n t ?

A. Yes , b u t - -  ,

& N o t  i n  t he  D r a i n a g e  D e p a r t m e n t ?

A. N o .

ft Was t h e r e  e v e r  a b l a c k  s e r v i c e m a n ?

-A. No.  We d i d  n o t  have a t u b e  m i l l

t w e n t y  y e a r s ,  and one was a v e r y  s h o r t  t i m e ,  and t h e  

l a s t  man t h a t  was on i t  s t a y e d  t h e r e  f o r  t w e n t y  y e a r s  

Q. He s t a y e d  t h e r e  t w e n t y  y e a r s  and some

one e l s e  t o o k  h i s  p l a c e ?

A. Y e s ,  when he r e t i r e d .

ft D i d  he r e t i r e  b e f o r e  y ou  d i d ?

A.

Q.

J u s t  a few m o n t h s .

Now, has trore ever been r. b 1 ack

J A C K  H.  G R E E N E
O F F I C I A L  C O U R T  RF.PORTER 

U. S. O i S T R I C T  C O U R T

M I A M I .  F L O R I D A  32101



Yon--direct
operator, dragline or ditcher operator?

A No.
q. Has there ever been a black oiler?
A. No. Well, years ago when we worked

spasmodically, when it was smaller, the laborers and 
oilers were all the sane; but in the meantime, after 
the unions took over, the job built up and afte,. it 
became a union job, and since then there wasn't any.

& Since then they have no black3?
A. (No response)
& Now, what are the lines of progression

f o v promotion in the Drainage Department?
A. (No response)
& Well, first, I will ask you: Are

there jobs that one could progress from in the
department?

A Yes. Of course, the jobs are put out
on a seniority basis and if the man is qualified.

An oiler would make an operator 
eventually when he has enough experience.

experience?
The oiler could after he has enough

A Yes.
Q- Could ...n  operator r o v e  r. i?

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M I A M I  F L O R I D A  -»3:oi



Yon--dircct

That's as high as— that's the top job in the depart
ment.

Q. Well, couldn't he be a foreman also?
A. ' Some have, yes. In fact, my assistants•*

i~. . 1
were once operators. I

g. A foreman does not have to start out
as an operator?

A. No.
(X Now, I would like to ask you this,

between the time that you left-~how many operators 
started as oilers between 1960 and the time you left? 
How many operators started as oilers?

A. Practically all of them--I don't 
recall--they all started as oilers. The operators 
quit or retired or died or--the ones that are there 
now started as oilers.

Q. Mow, whereabouts was the Drainage
Department located physically in relation to the otherj 
parts of the company? How would you describe where 
it is located on the United States Sugar property?

A. Well, it's located a mile and a half 
south of the main--of U.S. 27, as it passes through 
Clevistor..

J A C K  H .  G R E E N E

A. No, there is no other place to go.

O F F I C I A L  C O U R T  R E P O R T E R

u .  S .  D I S T R I C T  C O U R T

MIAMI. FLORIDA 2310!



Yon--direct
fl And its principal offices are on 27?
A. The principal offices are on 27 and

the shops and mill is about a mile and a half due 
south of the principal office.

Q. So the Drainage Department is located 
within the proximity of the mill-- 

A. Yes.
Q. Nov, during the past ten years have

there been separate toilet facilities for blacks and 
for whites?

A. NO .
Q. How about--,
A. Well, now, I still don't go to the 

mixl, but not at the shops.
Q. Well, let's talk about the shops.

THE COURT: You said "at the mill."
Now, what is it that you want to ask 

him about, the shops?
MR. SANDERLIN: I will ask him first

about the mill.
THE COURT: He said no. Now, what is

the next question?
fJR. SANDERLIN: Are the shops located

near die Drainage Doparfenent?

J A C K  H.  G R E E N E
O F F IC IA L  C O U R T  R E P O R T E R  

U .  S .  D IS T R IC T  C O U R T
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Everett v. US Sugar Corporation Transcript 1

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