Response to Requests for Admissions; Answer to Plaintiffs' Third Discovery Request; Answers to Interrogatories of Calhoun County; of Snead; of Murray; of Page; of Fuller; of Wilkerson

    } 

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, 

PLAINTIFFS, 

VS: CASE NO. 85~T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

et als, 

DEFENDANTS. 

RESPONSE TO REQUESTS FOR ADMISSIONS 
  

Come the Calhoun County defendants and in response to the 

request for admissions heretofore filed, say as follows: 

(1) This defendant, for purposes of this ligation, admit 

the requests except as otherwise noted. 

(2) Request number 94 can neither be admitted or denied 

until the request is clarified. 

(3) As to request number 98, the defendants admit only 

that political scientists have reached the conclusion described. 

(4) Request numbered 99 through 100 are denied. Two 

black candidates have received a majority of the votes in Calhoun 

County in prior elections. One was for a State office and the 

other for a County office. 

I hereby certify that a copy hereof has been personally BURNHAM, KLINEFELTER, HALSEY, 

handed or mailed, properly addressed, first class post- JONES & CATER, P.C. 

ege prepaid, to counsel! for all parties to this proceeding 

on tris SO Q day i TI 1 

Burnham, Klinefelter,   

BURNHAM., KLINEFELTER, HALSEY, JONES & CATER. P.C., ATTORNEYS, BOX 1618, ANNISTON. ALABAMA 36202    



    

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS, * 

VS: * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
et als, 

DEFENDANTS. 

ANSWER TO PLAINTIFFS' THIRD DISCOVERY REQUEST 
  

Come the Calhoun County defendants and for answer to the 

plaintiffs' third discovery request and say as follows: 

(1) No expert has, at this point, been retained. 

(2) Not applicable. 

(3) This had been previously provided. 

(4) Not applicable. 

(5) Not applicable. 

BURNHAM, KLINEFELTER, HALSEY, 

JONES & CATER, ~,P.C. 

    

1 hereby certify that a copy hereof has been personally 

handed or mailed, properly addressed, first class post- 

age prepaid, to counsel for all parties to this proceeding 

onttin. SP way oil. evn ,195& 

Burnham, ep ghies & Cater, P.C. 

1.5 BY > | IN 

  

D. Jories, Jr. 

   

   
   

  

BURNHAM. KLINEFELTER, HALSEY. JONES & CATER. P.C., ATTORNEYS, BOX 1618, ANNISTON, ALABAMA 36202 

  
 



    

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 
NORTHERN DIVISION 

JOHN DILLARD, et als, 

PLAINTIFFS, * 

VS: % CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, 

DEFENDANTS. 

ANSWERS TO INTERROGATORIES 
  

Come the Calhoun County defendants and for answer to the 

plaintiffs' first discovery request, answer as follows. These 

answers will be supplemented by the individuals involved. 

(1) Insofar as we know the following candidates have run: 

a. C. L. Bradford ran for the County Commission 

in the early seventies. He lost in a run-off 

to Ossie Rampie. 

b. Nathaniel Owens ran for District Judge in 1980 

and was elected. He ran for Circuit Judge in 

1982 and was defeated. 

{2) Denied. 

(3) Nathaniel Owens, male, black was appointed to the 

District Court bench. The date of his initial appointment is 

unknown. 

(4) 1. Department of Pensions and Securities Board for 

Calhoun County: This board supervises the Calhoun 

County Department of Pensions and Securities. 

2. Calhoun-Cleburne County Mental Health Court: 

Supervises the operation of the Mental Health 

Center. 

BURNHAM. KLINEFELTER. HALSEY. JONES & CATER. P.C.. ATTORNEYS. BOX 1618. ANNISTON, ALABAMA 36202 

  
 



          (5) 

(6) 

10. 

Calhoun County Water and Fire Authority: Assists 

in developing water distribution and fire protec- 

tion in the County. 

Anniston Calhoun County Library Board: Supervises 

the operation of the library. 

Economic Development Council: Assists in pro- 

moting economic development. 

Calhoun County Recreation Board: This is 

currently inactive. 

Coosa Valley Youth Services: Operates a detention 

center for juvenille offenders. 

Farmers Marketing Authority: Provides facilities 

for farmers markets. 

Regional Medical Center Board: Supervises 

Regional Medical Center. 

The Board of Equalization: County Commission 

nominates members, the Governor appoints them. 

(a) The best qualified person available, 

selected or nominated. 

(b) See attached. 

(c) Yes, although we are not aware of all the 

entities that might participate. Cleburne 

County appoints some members of the Mental 

Health Board; Anniston appoints some members 

of the Library Board, other member counties 

appoint the Directors of the Coosa Valley 

Youth Services Board, and the City of 

Anniston appoints members of the Regional 

Medical Center Board. 

(4d) See above. 

We are not aware of any. 

We are not aware of any. 

  
 



  

=3= 

(7) a.  YeS. 

b. No. 

(8) See attached. 

(9) See attached. 

(10) The Commission and its' agents do not control any 
developments. 

(11) Not that we know of, 

(12) 1. Commissioner Charles Fuller, white, intially 
elected in 1978. 

2. Commissioner Clarence Page, white, intially 
elected in 1982. 

3. Chairman Gerald Wilkerson, white, intially 
elected in 1982. 

4, Probate Judge Arthur Murray, white, intially 

elected in August 1975 

5. Sheriff Roy Snead, white, intially elected in 
1972. 

6. Circuit Clerk Forrest Dobbins, white, initially 

elected in 1964. 

(13) This will be answered on an individual basis. 

(14) In addition to the elected officials involved, the 
County clerical employees have provided information and the County 

attorneys. 

(15) The County Commission, made up of its' present mem- 
bers, has not made an effort to alter the form of County 

government. 
a. The County Commission has no power to alter 

itself. This is a function of the legislature. 
Probable reason that the legislature made no 
alteration is that no one came forward and 
suggested that it be done.       
 



        

(16) It is admitted that black voters seem to vote for 

black candidates or white candidates endorsed by black organiza- 

tions. However, the reverse is not necessarily true. Some black 

candidates have enjoyed substantial white support. 

(17) a. Judge Owens, 1982 race for District Court Judge 
and Justice Oscar Adams, 1984 race for the 

Supreme Court. 

b. The fact that these two black candidates carried 
Calhoun County and received substantial white 
votes. I suppose this would be supported by the 

election returns. 

(18) Without arguing about the meaning of "recent", the 

defendants admit pursuant to State Law the local school systems 

were segragated. 

(19) Not applicable. 

(20) To best of our knowledge, no. 

(21) See attached. 

(22) This will be answered on an individual basis. 

(23) We do not have this information, as we have no 

authority regarding the public schools. 

(24) See anwer 23. 

(25) See attached. 

(26) See attached. 

(27) We know that there has been a change in the County 

government since 1930. The present system was enacted in 1939. 

However, the County's records do not contain any of the information 

being requested and the current officials do not have any recollec- 

tion on this point. 

(28) We have the names of the poll officials; this list is 

not broken down by race. However, based on our knowledge of the 

people involved our best answer is as follows: 

a. Approximately 37. 

b. Approximately 43. 

  
 



      

] on
 1] 

(29) Again, the following represents our best judgment: 

a. 347. 

b. 341. 

BURNHAM, KLINEFELTER, HALSEY, 

JONES & CATER, P.C. 
Attorneys for Defendant 
Calhoun Coun Ala      

       

  

By: 
  

Herber{D. Joneg, Jr. 

STATE OF ALABAMA ** 

* % 
CALHOUN COUNTY 

Before me, the undersigned, a Notary Public in and for the 

said State and County, personally appeared Herbert D. Jones, Jr., 

deposed and said that the 

terrogatories are true and 
who being by me first duly sworn, 

matters contained in the foregoing in 

correct. 

    

  

  

D. Fangs 

sworn to and subscribed before me 

this the SO day of Cir , 1986. 
To i 

  

77 ; i gre 0 | hereby certify that a copy hereof has been perspnally 
  

Notary Public handed or mailed, properiy addressed, first class post- 
ége prepaid, to counsel for all parties to this proceeding 

on this > day BR 
  

  
   



  

  

  

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, . 

PLAINTIFFS, * 

VS: * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, 

DEFENDANTS. 

ANSWERS TO INTERROGATORIES 
  

Comes Roy C. Snead, Jr. and for further answer to the 

interrogatories previously propounded, and says as follows: 

(13) a. See attached. These are the only ones I have 

available. 

1. See attached. 

b. See attached, circled names are black citizens. 

c. See attached. 

d. See attached. 

e. The only materials used in the 1986 election were 

cards, bumper stickers and sample ballots. I do not have copies of 

these. However, they are similar to the ones used in 1982 which 

are attached. 

f. 1 appeared before the ADC twice and the New South 

Coalition once. 

(1) It was an interview; I asked for their sup- 

port. 

(2) 1 do not specifically remember any other 

candidates; we were interviewed one at a 

time. 

BURNHAM. KLINEFELTER. HALSEY. JONES & CATER. P.C.. ATTORNEYS. BOX 1618. ANNISTON. ALABAMA 36202 

  
 



    
i" No
 i" 

ge. None. 

h. I made no promises; I simply asked for their 

votes. 

i. I do not know: I never heard him address such 

issues, 

j. See f. above. 

kK. None. 

1. I had no formal campaign organization. 

m. Unknown. 

n. I have not seen anything aimed at the public in 

general; I understand that I was endorsed by the ADC and the New 

South Coalition. 

o. I so not have copies of marked ballots or similar 

endorsements; see n. 

p. Not applicable. 

  

Roy C. Snead, Jr. 

STATE OF ALABAMA *% 

CALHOUN COUNTY x 

Before me, the undersigned, a Notary Public in and for the 

said State and County, personally appeared Roy C. Snead, Jr., who 

being by me first duly sworn, deposed and said that the mattters 

contained in the foregoing interrogatories are true and correct. 

  

Roy C. Snead, Jr, 

sworn to and subscribed before me 

  this the day of + 1986, 

  

Notary Public 

  
 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS, % 

VS: * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, 

DEFENDANTS. 

ANSWERS TO INTERROGATORIES 
  

Comes the defendant, Arthur C. Murray, and for further 

answer to the plaintiffs' interrogatories and says as follows: 

(13) a. 1976 not found. 

1982 attached. 

b. None, 

c. See attached. 

d. See attached. 

ea, Card attached, I do not have the rest. 

£. (1) 4a. Hobson City Community Center; b. Carver 

Center; and c. American Legion. At each I 

pointed out the duties of my job, that I had 

25% black employees and that I ran my office 

even handedly. 

(2) I remember my opponent, the Sheriff and his 

opponent, and Judge Parker and his opponent. 

These were all white, 

gei:41) “Union. Hall 

(2) I recall Bobby Crow (running for 

legislature), white; Nat Owens, black and 

Sam Monk, white (running for Circuit Judge). 

BURNHAM., KLINEFELTER, HALSEY. JONES & CATER, P.C.. ATTORNEYS. BOX 1618, ANNISTON. ALABAMA 36202         
 



  

See answer f. above. 

I heard my opponent only once and he spoke about 

computers. 

Yes. See above. 

k. None, 

1. I do not have a list of who worked for me in my 

campaign headquarters. I do not know who might of done what out- 

side of the office. 

m, n, and o. Representatives from various organiza- 

tion met prior to the election and decided which candidates to 

endorse. I do not have a copy. 

  

Arthur C. Murray 

STATE OF ALABAMA ** 

CALHOUN COUNTY x 

Before me, the undersigned, a Notary Public in and for the 

said State and County, personally appeared Arthur C. Murray, who 

being by me first duly sworn, deposed and said that the mattters 

contained in the foregoing interrogatories are true and correct. 

  

Arthur C. Murray 

Sworn to and subscribed before me 

this the day of 
  

  

Notary Public    



    

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS, * 

VS: * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, % 
et als, 

DEFENDANTS. 

ANSWERS TO INTERROGATORIES 
  

Comes the defendant, Clarence W. Page, and for further 

answer to the plaintiffs' interrogatories and says as follows: 

(13) a. 1. See attached. 

b. None. 

C. All others. 

d. See attached. 

e. See attached. 

f. 1896, 17th Street Baptist Church; New South 

Coalition: ADC; NAACP Headquarters; Alabama 

Democratic Conference; Meet with leaders and con- 

cerned citizens of Hobson City; campaigned in 

black neighborhoods and businesses at various 

times. 

(1) Spoke briefly and responded to question 

(2) Do not remember. 

g. See attached. 

h. Spoke on the improvement of Calhoun County Jail, 

treatment of all citizens fairly. 

BURNHAM. KLINEFELTER. HALSEY. JONES & CATER, P.C.. ATTORNEYS, BOX 1618, ANNISTON. ALABAMA 36202           
 



   

i. Do not remember. 

j. General campaign efforts and appearances before 

ADC and New South Coalition to seek their endor- 

sements.   Kk. None. 

1. 41) Approximately 12. 

(2) Approximately 1. 

m. Leyton Douthit, Ohatchee, Alabama. 

n. Anniston Chapter New South Coalition 

OC. None. 

p. See attached. 

  

Clarence W. Page 

STATE OF ALABAMA ** 

CALHOUN COUNTY keg 

Before me, the undersigned, a Notary Public in and for the 

said State and County, personally appeared Clarence W. Page, who 

being by me first duly sworn, deposed and said that the mattters 

contained in the foregoing interrogatories are true and correct. 

  

Clarence W. Page 

sworn to and subscribed before me 

this the day of r 1986. 
  

  

Notary Public         
 



  

» 

Ee 

  

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 
NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS, h 

VS: * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
et als, 

DEFENDANTS. 

ANSWERS TO INTERROGATORIES 
  

comes the defendant, Charlie Fuller, and for further 

answer to the plaintiffs' interrogatories and says as follows: 

(13) a. See attached list. 

b. None. 

c. See attached list. 

d. See attached list. 

e. See attached. 

f. Carver Center; 17th Street Baptist Church; NAACP 

Headquarters; Hobson City, City Hall; Hobson City 

Senior Citizens; ADC Screening Committee; NAACP 

7th Annual Freedom Banquet. 

(1) I spoke concerning my candidacy. 

(2) All candidates were white except one, see 

attached list. 

g. Senior Citizens, Oxford, Alabama; Senior 

Citizens, Weaver, Alabama. 

(1) I spoke concerning my candidacy. 

(2) Other candidates were not present. 

BURNHAM. KLINEFELTER. HALSEY., JONES & CATER. P.C.. ATTORNEYS, BOX 1618, ANNISTON, ALABAMA 36202     
 



I have advocated the county elect commission from 

districts for over two years. I base this on the 

one man one vote concept as constitutional. 

I spoke on affirmative action for the county. 

I spoke on a fair share of appointed boards. 

I was not present when they spoke. 

I talked to them personally and appealed for 
their vote on my record pertaining to the issues 

listed in answere 1i. 

I did not have any paid workers. 

Eight White, Five Black 

Mrs. Ann B. Foster, Anniston, Alabama; Mr. Robert 

Thomas, Anniston, Alabama; Mr. Howard Bush, 

Anniston, Alabama; Mr. Roosenet Parker, Anniston, 

Alabama; Mr. Cleophus Thomas, Anniston, Alabama. 

Enclosed are sample ballots with names listed as 

well as those above. 

See enclosed articles. 

All are listed. 

  

Charlie Fuller 

STATE OF ALABAMA ** 

CALHOUN COUNTY xk 

Before me, the undersigned, a Notary Public in and for the 

said State and County, personally appeared Charlie Fuller, who 

being by me first duly sworn, deposed and said that the mattters 

contained in the foregoing interrogatories are true and correct. 

  

Charlie Fuller 

sworn to and subscribed before me 

this the day of r 1986. 
  

  

Notary Public      



  

1 

: | 

  

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

NORTHERN DIVISION 

JOHN DILLARD, et als, ® 

PLAINTIFFS, % 

VS: % CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
et als, 

DEFENDANTS. 

ANSWERS TO INTERROGATORIES 
  

comes the defendant, Gerald Wilkerson, and for further 

answer to the plaintiffs' interrogatories and says as follows: 

(13) a. and 1. See attached. 

b. See attached. 

c. See attached. 

d. See attached. 

e. Do not have. 

f. NAACP, ADC, Black Elks Club, Hobson City Forum 

(1) Political talk. 

(2) Do not remember. 

g. None. 

h. Treat all citizens equally and fairly in all 

appointments and dealing in County government. 

i. Do not remember. 

j. See answer f. 

BURNHAM. KLINEFELTER. HALSEY. JONES & CATER. P.C.. ATTORNEYS. BOX 1618. ANNISTON. ALABAMA 36202     
 



      

k. See attachment. 

1. Too many to count, 

m. Too many to count. 

n. Impossible to tell. 

o. do not have. 

p. Question is vague. 

  

Gerald Wilkerson 

STATE OF ALABAMA ** 

CALHOUN COUNTY  ** 

Before me, the undersigned, a Notary Public in and for the 

said State and County, personally appeared Gerald Wilkerson, who 

being by me first duly sworn, deposed and said that the mattters 

contained in the foregoing interrogatories are true and correct. 

  

Gerald Wilkerson 

sworn to and subscribed before me 

this the day of / 1986. 
  

  

Notary Public 

  
   



BURNHAM, KLINEFELTER. HALSEY, JONES & CATER. P.C. 

ATTORNEYS AT LAW 

P. O. Box 1618 

ANNISTON, ALABAMA 36202 

Julius L. Cahmbers, Esq. 
Deborah Fins, Esq. 
NAACP Legal Defense Fund 
99 Hudson Street 

New York, NY 10013