Everett v. US Sugar Corporation Transcript 1
Public Court Documents
June 5, 1972
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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 December 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.
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 ~ O H T E R
U . S . D I S T R I C T C O U R T
M IAM I. F L O R i'JA .7 3IO!
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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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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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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French--dirnet
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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French--direct
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
II
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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
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That pump would suck that water out.
French--direct
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."
French--direct
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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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& 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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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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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
I
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O F F IC IA L C O U R T R E P O R T E R
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MIAMI. F L O R ID A 33501
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."
J A C K H . G R E E N E
French--d irect
I
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. F L O R ID A 3310«
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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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 35101
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.
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
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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M IA M I , F L O R I D A 33101
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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O F F IC IA L C O U R T R E P O R T E R
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M IA M I. F L O R I D A 33101
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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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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• 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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- - J
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 ‘
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
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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M I A M I F L O P I D A 3 3 1 0 1
'I
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?
U . S D I S T R I C T C O U R T
MIAMI. F L O R ID A 33ioi
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
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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II | o> 1-4
• 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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French--cross
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
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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?
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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
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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
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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?
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--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 •
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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
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.
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 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
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 . 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
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 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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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 d d i o i
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
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 I S T R I C T C O U R T
M IA M I . F L O R I D A 33101
•
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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V . S . D IS T R IC T C O U R T
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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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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 o s t o i
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,
J A C K H. G R E E N E
Franklin--direct
O F F IC IA L C O U R T R E P O R T E R
U . 6 . 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
(\ 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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I !
• 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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:v s o n ,
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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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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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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v
n
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 ..
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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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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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* 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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M IA M I . F L O R ID A 33101
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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M l A Mf . F L O R I D A 33101
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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M I A M I . FLORIDA 33101
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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MIAMI. FLORIDA 33101
••
!•
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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MIAMI. FLORIDA 3310! / 1
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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M I A M I . F L O R I D A 33101
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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M I A M I . F L O R ID A 33101
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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MI A M I . F L O R I D A 33101
. •
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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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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M IA M I . F L O R ID A 33101
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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MIAMI, F L O R ID A 03101
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
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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
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 I D A 3 3 iO i
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
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 IA M I . F L O R I D A 33ioi
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."
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
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.
J A C K H . G R E E N E
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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.
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 ID A 33101
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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M I A M I . F L O R I D A 33101
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
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. F L O R I D A 33?oi
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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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 30ioi
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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M IA M I . F L O R I D A 3 3 J O J
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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M I A M I . F L O R I D A 33101
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
J A C K H. G R E E N E
Baxter--cross
O F F I C I A L C O U R T R £ C C K 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 ID A 23J01
! ! .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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O F F IC IA L C O U R T R E P O R T E R
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MIAMI. FLORIDA 33101
Baxter--cros3
months, that your pay went fron $1.50 to $1.70 an
hour. You don't recall that?
A. No , I don't.
0• It is your testimony that ydu didn't
get a raise the whole year that you worked in the
Drainage Department?
A.
think so.
My check never changed, 30 I don't
& You mentioned about you had been
loading these sawed-up cross-ties on that Saturday.
<5
What were those cross-ties for? Do you know?
tu
.
To build a fire in the boiler room.
ft
weekend?
They were going to start the mill that
i
A. They used them to burn, put them
inside of the boiler to set them on fire.
q. Was this when they first started up
the mill for the processing season?
A. (Nods in the affirmative.)
* ft And what did they use after ths
processing season to fuel the boiler with?
A. I don’t know.
ft Had you ever worked before on
Saturday dur:„ng this year that you wore -1 i\--
J A C K H. G R E E N E
O F F IC IA L C O U R T R E P O R T E R
U . S . D IS T R IC T C O U R T
naxter--cross
K In the Drainage Department?
Q. Yea.
A. Ho.
q. You never worked Saturdays before?
A ' No.
a
q. Do you know if any of the other
laborers had been required to work on emergencies
like on a rainy night when they would have to run the
pumps?
A. Oh, yes.
£ And had some of the laborers been
called out to work out on emergency situations like
that?
A. I know they have run pumps at night,
but not just--
'$ 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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O F F IC IA L C O U R T R E P O R T E R
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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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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
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
J A C K H . G R E E N S
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MIAMI. F L O R I D A 33101
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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M I A M I . F L O R I D A 33 IO I
! 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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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.
•) *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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u . S O !S T R IC T C O U R T
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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.
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
MIAMI. F L O R I D A 33101
(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
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
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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&
.I
i
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
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 A n . F L O R I D A 33JO?
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?
J A C K H. G R E E N E
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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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U . S. D I S T R I C T C O U R T
MIAMI. FLORIDA 3310)
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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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 32TOI
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
J A C K H. G R E E N E
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U . S . D I S T R I C T C O U R T
MIAMI. FLORIDA 33*oi
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
|
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
N1 iA,vj 1. F L C R I C A 3310:
!l
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
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 23101
! 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
U. S . OISTRICT COURT
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.
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
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
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 iS T R IC T C O U R T
M IAMI. F L O R I D A 3 3 J O I
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 .
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 t - O R I C A 33101
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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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 J 3 l o i
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 .
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
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 .
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 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
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 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'.-/?
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 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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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
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 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.
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 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
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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.
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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
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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."
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____________ _____________________\ 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-.'
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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.
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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
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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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U . S . D IS T R IC T C O U R T
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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MIAMI. F L O R I D A 3Cl0t
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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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
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
! 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,
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 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?
J A C K H . G R E E N E
C F P ’ IC T A 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. 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.
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 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
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 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?
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 32101
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?
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 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?
J A C K H . G R E E N E
O F F 'C l 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
M I A M I . F L O R I D A 33101
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
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??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.
J A C K H. G R E E N E
o f f : c : * l c o u r t r e p o r t e r
U . S . O F S T R IC T C O U R T
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;
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
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
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 . FLORI DA .3 :3 1 0 :
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
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
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?
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 . B2 iO l
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? .
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 IS T R iC T C O U R T
M I A M I . F L O R I D A 33IOJ
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
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
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.
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 3 t o i
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.
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 23 iO i
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.
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
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
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 I D A d j i o i
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.
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
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
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 UOiOi
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
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
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
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 i s t r i c t c o u r t
MIAMI. F L O R I D A 3310?
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-”
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 £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
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
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
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
&
all?
A .
&
the check?
A .
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
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.
J A C K H. G R E E N EOFFICIAL COURT REPORTER
U . S . DISTRICT COURT MIAMI. FLORIDA 33toi
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
J A C K H . G R E E N E
O J = T !C I \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 n ' : . F l o r i d a
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?
! 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
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.
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 T3101
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
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 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
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 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 ■*- - >.
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
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!
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
J A C K H . C - 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 . 8 . D IS T R IC T C O U R T
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 « . --*■
J A C K H . G R E E N E
O F R ’ C T A L C O U R T R E P O R T E R
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;
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
! 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
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 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
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 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
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
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
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 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?
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
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
O F F I C I A L C O U R T R F P O R T F R
U . S. D I S T R I C T C O U R T
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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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
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.
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 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?
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
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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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
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
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»A M I . F L O R ID A 3 3 1 0 )
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.
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'J!01
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~ *
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 . 3 . D IS T R IC T C O U R T
M IA M I . F L O R I D A 3 3 i o i
C
O
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?
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 3 1 0 1
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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O F F : C ' A L C O U R T P E P O i r r E R
U . S. D I S T R I C T C O U R T
m l * ‘ F L O R I D A 2310!
CO
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.
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 3 :o »
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.
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 V ! F L O R I D A 3 2 t 0 t
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|
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
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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O F F IC IA L C O 'J R T R C P O R T F R
U . S . D IS T R IC T C O U R T
MIAMI. FL0R1CA 33101
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.
J A C K H. G R E E N S
O F F (C l A L C O U R T R E P O R T E R
U . 3 . D IS T R IC T C O U R T
M i A ' i F L O R I D A
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.
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. O I S T R I C T C O U R T
M IA M I . F L O R I D A 3?ioi
i v
o
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 ...
J A C K H . G R E E N E
C F F t C J A U 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
&
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
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 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 1
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
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. O l S T R I C T C O U R T
M I A M I . F L O R I D A 33101
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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O F F IC IA L C O L 1 R T R E P O R T E R
u . s . D 1 S T R I C T C O U R T
M I A M I , F L O R I D A 3310!
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?
J A C K H . G R E E N S
O F F IC IA L C O U R T RE PC ?TE 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 3J IOIII
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 .
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 3JJOI
ro
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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M I A M I . F L O R I D A 3S!Oi
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 .
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 33101
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
!!
J A C K H . G R E E N E
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
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 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?
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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
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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.
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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
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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?
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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