Ross v OK Brief of Petitioner

    DUPLICATED RECORD

IN THE
UNITED STATES

COURT OF APPEALS
FOR THE FIFTH CIRCUIT

no . 22923

REUBEN GAMBLE, ET AL,

Appellants,
versus

CITY OF DUBLIN, GEORGIA,

Appellee.

n o . 22924

GLORIA OUTLER, ET AL,

Appellants
versus

CITY OF DUBLIN, GEORGIA,

Appellee.

no. 23546

REUBEN GAMBLE, ET AL and GLORIA OUTLER, ET AL,

Appellants
versus

CITY OF DUBLIN, GEORGIA,

Appellee
******

REUBEN GAMBLE, ET AL,

Appellants,
versus

WILLIAM JOSEY, ET AL,

Appellees.

Appeals from the United States District Court 
for the Southern District of Georgia



I N D E X
PAGE NO,

Designation Of Record On Appeal — -------—  I
Petition For Removal With Exhibit "A"
Attached — -------------------------- --------- - 4

Motion To Remand --------------— ----------  13
Affidavits Offered Into Evidence By Defendants - 
Petitioners - Exhibits "A" Through " M " ------ 18
Order On Demonstrations And Picketing Held 
In Abeyance Until Transcript Are Submitted -- 44
Notice Of Appeal - Filed August 19, 1965 --- 46
Order Granting Motion To Consolidate And
Granting Motion For Injunction Pending Appeal 47
Notice Of Appeal - Filed January 2 5, 1966--- 48
Note: Portion Of Record Omitted - Filed In Its 
Original Form --■—    --------—  49

Petition For Removal -------------- -----------  49
Exhibit "A" - Affidavit Of Reuben Gamble---  55
Exhibit "B" - Affidavit Of Bernice Turner *  58
Motion For Further Relief To Protect The 
Jurisdiction Of This Court And Rights Of The 
Petitioners-------------------------------- - 61
Note: Portion Of Record Omitted - Filed In
Its Original Form ----------------------------- 66

Order To Show Cause -------- ----------------- 66

Notice Of Appeal - Filed August 19, 1965 67
Motion To Remand ---------------------------   68

Note: Portion Of Record Omitted - Filed In
Its Original Form --------------------------- 72

Notice Of Appeal - Filed January 28, 1966 --- 73
Note: Portion Of Record Omitted - Filed InIts Original Form — -------------------------- - 73



I N D E X  (Continued)

PAGE NO,
Order to Show Cause ---------- -— --------------- 73

Note: Portion of Record Omitted- Filed in
Its Original Form--— ■---------------- .......... . 74
Complaint---------- ------—  ----------------- -— -- 74

Note: Portion of Record Omitted - Filed In
Its Original Form---------------- --------------  85
Motion For Preliminary Injunction'--- ---------- 85
Note: Portion of Record Omitted - Filed In
Its Original Form-----------------'---- ■------ 87
Answer of Defendant and Counter Claim--------- 87
Plaintiffs® Response To Defendant's Counter-
Claim----------------- ---■----------- -----------  98
Order Of Court Regarding Defendants------------  102
Notice Of Appeal - Filed February 2, 1966-— —  106
Transcript of Proceedings-----------------------  106

William D. Josey---------------   109
Harold D. Ward----------------------- -------  151

William D. Josey, recalled------------ ----- 226.
Milo Tomlinson--------------   336

W. R. Bussell---- -—  -----------------  342
Vernon L. DeLoach-- --------    366
Henry L. Walden--- --------- -------- ----- 400
Arthur L. Land, Jr.------------------------  426
J, H. Applegate —   --------- .---- 456
Juanita Tucker---- -------------------------  463

Charles Myrick------ -----------------------  481
Rogers Demmons------------------ ------ ------ 496

Clerk's Certificate-------------- ---.-------- --- 548



1
IN THE UNITED 

FOR THE
STATES COURT OF APPEALS

U. S. COURT OF FIFTH CIRCUIT APPEALS
FILED

MAY 3, 1966 
EDWARD W. WADSWORTH 
CLERK

NO. 22923 NO. 23546
REUBEN GAMBLE, et al. ,

Appellants, REUBEN GAMBLE, et al. , and 
GLORIA OUTLER, et al.,

V. Appellants,
CITY OF DUBLIN, GEORGIA, 

Appellee. V.
CITY OF DUBLIN, GEORGIA,

NO. 22924 Appellee.
GLORIA OUTLER, et al.,

Appellants, REUBEN GAMBLE, et al.,
V. Appellants,

CITY OF DUBLIN, GEORGIA, V.
Appellee. WILLIAM JOSEY, et al.,

Appellees.

DESIGNATION OF RECORD ON APPEAL
Appellants, pursuant to Rule 75(a), hereby designate the 

following portions of the Record on Appeal to be included in 
the printed record:

1. Petition for Removal entitled City of Dublin, Georgia 
v. Gloria Outler, et al., with attachments thereto.

2. Motion to Remand filed by City of Dublin.
3. Affidavits offered into evidence by Defendants-Petitioners



2

In City ofDublin v. Outler, et al, and City of Dublin v. Gam­
ble, et al.

4. Judgment of the Court filed September 1, 1965.
5. Notice of Appeal in City of Dublin v. Outler filed 

August 19, 1965.
6 . Certified copy of Order of Fifth Circuit filed Sept­

ember 30, 1965.
7. Notice of Appeal in City of Dublin v. Outler filed 

January 28, 1966.
8 . Petition for Removal in City of Dublin v. Gamble, et 

al., with attachments thereto.
9. Motion for Further Relief filed in City of Dublin v . 

Outler and City of Dublin v. Gamble, omitting attachments 
thereto (pp. 67-70 of Record.)

10. Order to Show Cause in City of Dublin v. Outler 
and City of Dublin v. Gamble (p. 107 of Record.)

11. Notice of Appeal in City of Dublin v. Gamble, filed 
August 14, 1965.

12. Motion to Remand in City of Dublin v. Gamble.
13. Notice of Appeal in City of Dublin v. Gamble filed

January 28, 1966.
14. Order to Show Cause in Gamble v. Josey, et al.
15. Complaint in Gamble v. Josey. et al.
16. Motion for Preliminary Injunction in Gamble v. Josey.
17. Answer of defendant and Counterclaim in Gamble v. Josey.



3

18. Plaintiffs' Response to Counterclaim in Gamble v. Josey.
19. Judgment of the Court of January 19, 1966.
20. Notice of Appeal in Gamble v. Josey filed February 2,

1966.
21. The following portions of the transcript of testimony:

a. Colloquy, 169 (from, "The Court: All right are
you all ready?") to 171 (through ". » . are clearly 
unconstitutional.")

b. Testimony of William D. Josey, pp. 208; 216 (from, 
"Q. Now, how large is the City of Dublin?") to
p. 259 ("No further questions.")
Colloquy, pp. 260-261.

d. Testimony of Harold E. Ward, pp. 263-295; 298-335.
e. Testimony of William D. Josey, pp. 336-402 (to 

"cross examination); p, 406 (from "Q, Now, you 
testified earlier,") to p. 441, to "Redirect Ex­
amination."

f. Testimony of Milo Tomlinson, pp. 461-466.
f. (a) Testimony of W, R. Russell, pp. 467-487.
g. . Testimony of Vernon L. DeLoach, pp. 488-500

(to". . . gathered up here, here and over here."); 
p. 506, (from "Cross Examination") to p, 526.

h. Testimony of Henry L. Walden, pp. 527-552,
i. Testimony of Arthur L. Lane, Jr. pp. 553-579.



4

1,. Testimony of J, H. Applegate, pp. 580-587. 
k. Testimony of Juanita Tucker, pp. 618-634.
1_. Testimony of Charles Myrick, pp. 635-649.

Testimony of Rogers Demmons, pp. 650-676.
n. Testimony of Reuben Gamble, pp. 677-602.
o. Colloquy of Counsel, p. 692 (From "Mr. Moore:

Yes Sir" to p. 694.
£. Colloquy of Counsel and Court, pp, 697-700.

22, This designation.
s/ Charles S, Ralston

CHARLES STEPHEN RALSTON 
JACK GREENBERG MELVYN ZARR

10 Columbus Circle 
New York, N. Y. 10019

HOWARD MOORE
859% Hunter Street, N. W. 
Atlanta, Georgia

Attorneys for Appellants
. 9 tt o Oo...

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

DUBLIN DIVISION
CITY OF DUBLIN, GEORGIA 

Prosecutor,
v.

GLORIA OUTLER, ROSETTA LEWIS, Cr. No. 1734
SAMMIE ROBINSON, CHARLES MYRICK.
WILLIAM HOLLIMAN, IZELL WILCHER,
EDWARD DUNHAM, MAMIE LOU VICKERS,
DIANNE DIRKLAND, JOYCE ANN KIRKLAND,



5

WILLIE ^RANK BROWN, JIMMIE UNDERWOOD JOE HUBBARD, JAMES DIXON,
RALPH LATTIMORE, CHRISTINE WRIGHT,
ULYSSES EVANS, LARRY GODFREY,
JEROME BULLOCK, FRANK UNDERWOOD,ROSA LEE KIRKLAND, and JIMMIE LEE GUYTON,
.............Defendants„

PETITION FOR REMOVAL
I* jurisdiction of this Court is invoked pursuant to Title
28, United States Code Annotated, Section 1443 (1) and (2). By 
this action, petitioners seek a federal forum to protect petition­
ers from a direct or indirect deprivation of rights, privileges, 
or immunities secured petitioners by the First Amendment, United 
States Constitution, as made applicable to the State of Georgia 
by Section 1, Fourteenth Amendment, United States Constitution, 
Title II of the Civil Rights Act of 1964, and Title 42, U.S.C.A., 
Sections 1971, 1981, and 1983.
2. All of the petitioners whose names appear in the above cap­
tion, which is incorporated into this paragraph by express refer­
ence and made a part of the same, are Negro citizens of the United 
States and of the State of Georgia. Each of the petitioners 
named in the caption is a minor, except Sosa Lee Kirkland (25) 
and Jimmie Lee Guyton (21).
3. The facts and circumstances surrounding petitioners' arrest 
and detention are made more to fully to appear by the affidavit 
of Gloria Outler, which is attached hereto and hereby made a 
part of this paragraph and petition, marked Exhibit "A," All of



6

the petitioners were arrested by the same police officers on 
August 12, 1965, while peacefully picketing Todd's Sinclair Ser­
vice Station.
4., The purpose and object of petitioners® peaceful picketing 
was :

(1) To protest the discrimination or segregation on the 
basis of race or color in the places of public accommodation 
and in employment practices in Dublin, Laurens County, 
Georgia, particularly at Todd's Sinclair Service Station;
(2) To protest racially discriminatory police methods and 
practices;
(3) To encourage and inspire Negro citizens of Dublin, 
Laurens County, Georgia to register and become qualified 
voters.

5. Todd's Sinclair Service Station, located on Glenwood Avenue 
in the City of Dublin, Georgia, where the picketing occurred, is 
a place of public accomodation within the meaning of Title II of 
the Civil Rights Act of 1964 (78 Stat. 240). Said station is lo­
cated less than two full city blocks from the SCOPE field office. 
SCOPE is a project of summer volunteers dedicated to inspiring, 
encouraging, educating, and organizing Negro citizens to become 
registered and qualified voters,
6, Petitioners are charged with violating Section 26-22 and 
Section 22-13 of the City Code of the City of Dublin, Georgia. 
Said charges are non-indietable offenses and are fried upon



7

summons before the Honorable D. B, Wilkes, Recorder of the City 
of Dublin, At the time this petition was drawn, petitioners had 
not been served with a copy of this summons. Different colored 
summonses are issued to white and Negro offenders. A yellow 
copy is issued to white offenders and a pink copy to Negro. The 
summons to be served will be signed by "Officers All.1' On infor­
mation and belief, "Officers All" are believed to be fictitious 
persons.
7. For the reasons herein before stated, petitioners were ar­
rested and detained and are now threatened with prosecution and 
punishment for acts done under color of authority derived from 
the laws of the United States providing for equal access to places 
of public accomodation as defined by Title II of the Civil Rights 
Act of 1964 including peaceful attempts and efforts to acquire 
and enjoy equal access to such places of public accommodation,
8. Petitioners* arrests, removal and subjection to criminal 
charges are and were acts calculated, designed, and intended to 
intimidate, threaten, or coerce or punish petitioners and others 
of petitioners* race of color from exercising rights, privileges 
or immunities secured petitioners by Title II of the Civil Rights 
Act of 1964, Title 42, United States Code, Section 1971, and the 
Civil Rights Act of 1965.
9. Petitioners have been and are being denied the equal pro­
tection of the law in violation of Section 1, Fourteenth Amend­
ment, United States Constitution by their arrest and threatened



8

prosecution for alleged violations of Sections 26-22 and 22-13 
of the City Code of the City of Dublin, Petitioners* arrests and 
prosecutions are brought only to discourage petitioners particu­
larly and others generally from engaging in civil rights activi­
ties .
10. The cases against the petitioners are scheduled for trial 
at 9 o'clock a.m. on Monday, August 1.6, 1965 before the Record­
er of the City of Dublin.
11. All the petitioners are presently at liberty,
12. Since the cases or charges pending for trial against the pe 
titioners are criminal, bond with good and sufficient surety is 
not required to be filed herewith,
13. Petitioners file a single petition because delay would oper 
ate to deprive them of effective access to the federal court for 
vindication of their equal civil rights, Petitioners were arrested at 
or near Todd's Sinclair Service Station on the same date and by 
the same police officers. The attorneys upon whom the petition­
ers rely to prepare their petition maintain their offices in At­
lanta, Fulton County, Georgia, more than 160 miles from the 
proper United States District Court at Dublin, Laurens County, 
Georgia.

WHEREFORE, in view of these facts, petitioners pray that:
(a) The aforesaid criminal summonses be removed from 

the Recroder's Court of the City of Dublin, Georgia, to the 
United States District Court fer the Southern District of



9

Georgia, Dublin Division, for trial;
(b) This petition be filed pursuant to 28 U. S. C., 

Sections 1443 and 1446 (a) (1958), and Lefton v. City of 
Hattiesburg. 333 F. 2d 280 (5th Cir. 1964);

(c) The aforesaid criminal prosecutions stand so re - 
moved as provided for in Title 28, U„ S. C., Section 1446 (c)

and (e);
(d) Jurisdiction be retained by this Court under Title 

28, U. S. C., Section 1443 (1958), or, in the alternative, 
petitioners be granted a full evidentiary hearing as soon
as practicable as provided for in Rachel v. Georgia. 342 F. 
2d 336 (5th Cir. 1965), rehearing denied 342 F. 2d 909;

(f) The Court accord such further relief as is neces­
sary and justified to protect the petitioners' interests.

s/ Howard Moore, Jr.
HOWARD MOORE, JR*
859% Hunter Street, N, W. 
Atlanta, Georgia 30314
THOMAS JACKSON 
755 Monroe Street 
Macon, Georgia
JACK GREENBERG 
JAMES M. NABRIT, III
10 Columbus Circle 
New York, New York 10019
ATTORNEYS FOR PETITIONERS

EXHIBIT "A"
AFFIDAVIT

GEORGIA, LAURENS COUNTY:



10

Personally appeared GLORIA 0UTLER before the undersigned 
officer authorized by law to administer oaths, and first being 
duly sworn upon oath, depose and say:

1, This affidavit is made upon facts within by my own per­
sonal knowledge and for the purpose of being used in legal pro­
ceedings .

2, I live at 624 Rowe Street, Dublin, Laurens County, Geor­
gia, with my mother. I am eighteen years old, I am a member of 
the Youth Chapter of the Dublin Branch NAACP and am presently 
with Project Headstart and working with SCOPE, a special summer 
project to encourage, inspire, and urge Negroes to register and 
become qualified voters.

3, On Thursday, August 12, 1965, I reported to work at the 
SCOPE OFFICE, 222 Glenwood Avenue, Dublin, Georgia. I reached the 
office about 1:30 PM, As I went into the office, I noticed that 
the telephone and other utility lines to the office had been cut. 
The office was virtually deserted. The floor was littered with 
paper, voter registration cards, and other debris.

About 2:30 in the afternoon, I went outside the SCOPE Office 
which I had cleaned up and watched the picketing about a block 
away in front of Todd’s Service Station. At that time, only 
seven or eight people were picketing. Two cars of white police­
men drove up to the station. The policemen got out and stood 
around the station for about two or three minutes. After which, 
they put the pickets in the police cars and drove awsy.



11

Then I went into the office and got the two remaining pic­
ket signs and gave one to the President of the NAACP Youth Chap­
ter. The two of us went up to Todd’s and resumed the picketing.
In about five minutes, others joined us and silently paced be- 
hinds us in the picket line.

From the picket line, I saw Mrs. Todd go into the station and 
then come out. She just stood around on the outside laughing 
loudly. Within minutes, a police car arrived shortly followed 
by two others. A white man in plain clothes with a gun got out 
one of the cars and said, "you can't have more than six pickets; 
the rest of you fall out." We continued to march silently, 
three to five feet apart. The man in plain clothes said this 
group is now under arrest. He ordered us into the waiting police 
cars and made me take the signs along.

We then started to hum "We Shall Overcome". One of the po­
licemen in front of the car threatened to spray us with tear gas 
if we did not stop humming. As he spoke, he pointed to a long 
brownish object in our direction through the mesh which separat­
ed us from the policemen in front of the car.

When we arrived at the county jail, we were lined up against 
the wall and searched. The girls including myself were searched 
in the same manner by the male attendant.

The police took our signs and put them in a room.
I asked a police officer if I could call my mother. He 

never answered. I stayed in jail until early Friday afternoon 
without being allowed to call home.



12

s/ Gloria Outler 
GLORIA OUTLER

Subscribed and subscribed to before me,
this 14th day of August, 1965,
s/ Howard Moore, Jr, (Notary PUBLIC)
My Commission Expires May 18, 196f

VERIFICATION
I, THOMAS JACKSON, of lawful age, first being duly sworn 

upon oath, depose and say:
That I am a member of the bar of the State of Georgia;
That I am the duly authorized attorney for petitioners 

herein, authorized to prepare and verify the annexed petition;
That I have read the annexed petition and know the con­

tents thereof;
That I Know of my own personal knowledge that all the facts 

stated therein are true except such as are stated upon informa­
tion and belief;

That as to subject matter I believe the petition to be true;
and

That I sign this verification on behalf of the petitioners
because the annexed petition deals chiefly with matters of law
and legal inference to be drawn from facts alleged and/or of which
I as an attorney have more knowledge that the petitioners, and
for the further reason that time is of the essence.
Swor" ro and subscribed to before me, s/lhomas Jackson

THOMAS JACKSON



13

this 14th day of August, 1965.
s/ Howard Moore, Jr.
NOTARY PUBLIC
My Commission expires May 18, 1968.

...o Oo...
MOTION TO REMAND

(Number and title omitted) (Filed: August 25, 1965)
NOW COMES THE CITY OF DUBLIN, GEORGIA, designated as prose­

cutor in the above-stated case, and without waiving its juris­
diction rights, files this its motion for remand of the above- 
designated cases back to Recorder's Court, City of Dublin, Geor­
gia, and for its motion shows as follows:

( 1)

The petition does not show on its face or within itself 
that the cases designated for removal are covered under Title 28, 
United States Code Annotated, Section 1443 (1) and (2), and there 
is nothing in said petition alleging facts showing said cases 
come under or are such cases as are referred to under the above- 
designated Code Section.

( 2 )

The cases designated above are not civil rights cases as al­
leged in plaintiff's petition and are not civil rights cases as 
defined under Title 28, United States Code Annotated, Section 
1443 (1) and (2) and Title 28, United States Code Annotated, Sec­
tion 1446, nor are they civil rights cases of any kind or charac­
ter, nor do they deal with civil rights in any manner whatso­



14

ever, That each case of the City of Dublin against each of the 
above-designated individuals is a case in Recorder's Court* City 
of Dublin, Georgia, charging the individual designated with the 
violation of Section 26-22 of the City Codce of Dublin, Georgia, 
for a violation occurring on the 11th day of August, 1965, in 
the City of Dublin, Georgia, Section 26-22 of the Dublin City 
Code reads as follows;

’’See. 26-22. Assemblages obstructing streets, public 
places prohibited.

It shall be unlawful for any persons to assemble in a
crowd so as to in any manner obstruct the free passage of 

the streets, sidewalks, public ways and public grounds in the 
city, Each person forming a part of such assemblage, after no­
tice by any duly constituted law officer having jurisdiction, 
shall be guilty of a misdemeanor, (1937 Code, 163; Ord, of 
9-17-62)”
That the above-quoted code section is not hostile to or in con­
flict with the United States Constitution or any Federal laws 
nor does it deny or interfere with any civil rights or rights of 
any kind of the designated defendants guaranteed them under the 
Constitution or laws of the United States. Further, that the 
above-quoted code section is not inconsistent or hostile with 
any alleged color of authority under which the petitioners al­
legedly were performing and operating. That such prosecutions ■



15

are not within the jurisdiction of this Federal Court under any 
disguise or designation as civil rights c a s e s . That same are 
violations of a penal ordinance of the City of Dublin, Georgia, 
and within the jurisdiction of the Recorder's Court of the City 
®f Dublin, Georgia • That this Federal Court has no jurisdiction 
over same. Said cases should be remanded to the Recorder's Court, 
City of Dublin, Georgia.

(3)
Further, that the Recorder's Court of the City of Dublin, 

Georgia, as a matter of law is not a State Court as referred to 
in United States Code Annotated, Title 28, Section 1443 (1) and 
(2), and United States Code Annotated, Title 28, Section 1446.
That said court Is a municipal court established and maintained 
by the City of Dublin, Georgia, for the purpose of trying offen­
ders who have violated the ordinances of the City of Dublin, 
Georgia. That such municipal court is not such a court as des­
cribed in the above-stated Federal Annotated Code Sections, and 
as such court there is no legal provision for removal of the 
above-described cases from this municipal court to a Federal Dis­
trict Court.

(4)
That Section 22-13 of the City Cede of Dublin, Georgia reads 

as follows:
"Sec. 22-13. Obstructing, abusing, failing to obey police.

No person shall in any manner oppose or obstruct by acts or
Menace a marshall, deputy marshal, or policeman in the discharge of



16

his duties, or strike, assault, molest or abuse said officer or 
officers, and no person shall refuse and fail to obey an order 
or instruction of such officer. (Ord. of 9/17/62)”
That the above-quoted code section is not hostile to or in any 
conflict with the United States Constitution or any Federal laws 
nor does it deny or interfere with any civil rights or rights of 
any kind of the designated defendant® guaranteed them under the 
Constitution or laws of the United States. Further, that the 
above-quoted code section is not inconsistent or hostile with 
any alleged color of authority under which the petitioners al­
legedly were performing and operating.

(5)
That these cases were removed improvidently and without ju­

risdiction to this Court. The City of Dublin shows further that 
it has been put to a great expense in filing this motion and it 
is entitled to reasonable attorney fees for its attorney appear­
ing in this matter and making this motion,

(6)
The City of Dublin shows that due to the aforesaid, this 

Court is without jurisdiction in this matter, and that said cases 
above - described should be remanded to Recorder’s Court, City 
Dublin, Georgia.

WHEREFORE THE CITY OF DUBLIN, GEORGIA, PRAYS that this Court 
net assume jurisdiction of said cases, but that said cases be re­



17

manded to Recorder's Court, City of Dublin, Georgia, immediately. 
The City of Dublin further prays that it be awarded a reasonable 
attorney fee from the petitioners in this matter, so as to com­
pensate it for its unnecessary legal expense.

s/ Beverly B. Hayes 
BEVERLY B. HAYES 
Attorney at Law

GEORGIA, LAURENS COUNTY
I, BEVERLY B. HAYES, Attorney for the City of Dublin, Geor­

gia, know of my personal knowledge tlat the facts stated in the 
foregoing motion are true.

s/ Bev°rly B, Hayes 
BEVERLY B. HAYES

Sworn to and subscribed before me
this the 24th day of August, 1965.
s/ Mrs. Pamela L. Hayes
Notary Public, Laurens County, Georgia

«s»oOo * t #
IN THE UNITED STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF GEORGIA 
DUBLIN DIVISION

U. S. DISTRICT COURT 
BRUNSWICK DIVISION 
FILED IN OFFICE 

M. .
AUG. 25 1965 19______
s/Delie B. Floyd, Jr, 

Deputy Clerk



CITY OF DUBLIN, GEORGIA 
F,
REUBEN GAMBLE, et a I

18

CR,N0. 1735

CITY OF DUBLIN, GEORGIA
V.

GLORIA OUTLER, et al

GRo NO, 1734

CITY OF DUBLIN, GEORGIA 
V,
SHIRLEY BOLDEN, et al

CR„ NOo 1733

AFFIDAVITS OFFERED INTO EVIDENCE BY
DEFENDANTS

Exhibit "A"
f t "B"
I f "C"
I I "D"
f t "E"

l !

n "G"

i f "H"
18

- PETITIONERS
Affidavit of Maxim Karl Rice

" Sammie Jackson
” Frank Stanley
" Gwendolyn Lewis
u Mrs, Imagene B,

Thomas
" Shirley Bolden
” Willie Pearl

Glover
” Winnie Howard
S! Jimmie Lee Guy­

ton



19

" "J" I f Rosetta Lewis
" "K" I I Rosa Lee Kirkland
" "L" I t Thomas Jackson

STATE OF GEORgL  EXHIBIT A 
COUNTY OF LAURENS

i t Anita Louise Glasco

AFFIDAVIT
Now comes before the undersigned officer authorized by law to ad
minister oaths, MAXIM KARL RICE 
sworn, deposes and says :

(23) (white), who being first

I live in Columbiavilie, Michigan. In April, 1964 I grad­
uated from Oakland University, Rochester, Michigan, with a B. S. 
degree. Following graduation, I worked for the Ethyl Corpora­
tion research laboratory in Ferndale, Michigan. I plan to enter 
a theological school this fall.

I am now a summer volunteer with SCOPE.
On Sunday evening, July 25, 1965, round or about 8:20 p.m.

I was stopped on the sidewalk on Bellevue Avenue near the Dublin 
City Hall, directly across the street from the First Baptist 
Church. Preston Horton, a white resident of Dublin approached 
me and said, come on, let’s go. He grabbed me by the sweater 
sleeve. He then started hitting me about the head with a heavy 
hard object. The blows knocked me to the ground. While I was 
down, he hit me several times more. As a result of the beating,



2 0

twenty-two (22) stitches had to be taken in my head.
At first I was taken to Claxton Hospital, a private hospi­

tal but they would not treat me there. They did not look at 
the wound. Finally, 1 was taken in the same ambulance to the 
Laurens County Hospital where I was treated.

During the time I was being beaten, Chief Josey was present 
and about eight other policemen. Neither Chief Josey or any of 
the other policemen did anything to prevent the beating or to
help me. They just stood. Some bystanders pulled the man off
of me, I heard someone say, stop, that's enough,

Just before the attack, I and another white person along 
with about 12 Negores had been conducting a prayer vigil, pro­
testing racial discrimination at the church. At first, we at­
tempted to stand near the front of the church with our heads 
bowed and pray, but Chief Josey moved us across the street on the 
City Hall side. While we stood there, a city fireman threw 
oil of mustard on us. Chief Josey did nothing. I approached 
two police officers and asked them who threw the oil of mustard, 
They said that it would be impossible to find that person,

As a result of the oil of mustard, most of the girls were
crying and one girl was blinded, I asked police officers to call 
an ambulance and they refused, I went to a telephone booth a 
block away and called Reuben Gamble, who came and got the girl.

On or about Tuesday, August 17, 1965, I had a collsion with



21

another motorist in Dublin. At the time of the accident, the 
motorist and I exchanged names, addresses and telephone numbers. I 
then drove over to Americus and later went to Atlanta. Upon my 
return Wednesday, August 18, 1965, I was stopped by two police­
men on the Dublin police force. The officers took me to the City 
Hall:and filed charges. At the City Hall, they showed me a 
piece of paper which said I was charged with hit and run. From 
the City Hall they took me to the County Court House. I was 
jailed at the County Court House without benefit of having bond 
set. I asked to be let out on bond. They said that they would 
not set any until 9 o'clock t*~e next morning.

I stayed in jail until 9**30 the next morning, when I was re­
leased on bond in the amount of $300,00 with security.

This affidavit is made upon facts within my own personal 
knowledge and for the purpose of being used in legal proceedings.

s/ Maxim Karl Rice 
MAXIM KARL RICE

Subscribed and sworn to before me
this 21st day of August, 1965,
s/ Howard Moore, Jr.
NOTARY PUBLIC
My commission expires May 18, 1968.

(SEAL)



22
EXHIBIT B

STATE OF GEORGIA 
COUNTY OR LAURENS

AFFIDAVIT
Now comes before the undersigned officer authorized by law 

to administer oaths, SAMMIE JACKSON(17) (Negro) who first being 
duly sworn, deposes and says:

I live at 105 Cooper Street, Dublin, Georgia,
On Wednesday, August 11, 1965, about 9 p,m. I was picketing 

Todd's-' Service Station in Dublin, Mrs, Todd's son kept coming 
up to the picket line calling out our names. He called us all 
kinds of blacky sons-of-bitches and things. He and some more 
white boys got into a car, drove out into the street and back 
into the station. He was trying to run us over,

I think Mrs. Todd called the police. After the first group 
of police came, a second group arrived. Finally Chief Josey came 
He told us to disperse and go home, We kept on marching, Josey 
told us again to go home. We then started to go home and he 
said you are all under arrest. At this time I was crossing the 
street, on my way home, A Negro police officer grabbed me and 
took me to the car. As he was taking me to the car, a white 
police officer came over and hit me in the stomach with his 
fist. I caught my stomach and went info the car. They then 
drove us to jail.

They put about 40 of us boys all in one cell in the County



23

Jail. On Thursday night, they shot some gas into the jail. The 
gas made me have a headache.

This affidavit is made upon my own personal knowledge and
for the purpose of being used in legal proceedings.

s/ Sammie Jackson 
SAMMIE JACKSON

Subscribed to and sworn to before me
this 21st day of August, 1965.
s/ Howard Moore, Jr.
NOTARY PUBLIC
My commission expires May 18, 1968

STATE OF GEORGIA EXHIBIT C
COUNTY OF LAURENS

AFFIDAVIT
Now comes before the undersigned officer authorized by law 

to administer oaths, FRANK STANLEY (18) (Negro) 
who first being sworn, deposes and says:

On Wednesday, August 11, 1965, at about 9:30 p.m. I was 
standing in front of the Glenwood Soda Shop. A white policeman, 
Mr. Jerry Daniels, was running a colored boy down the road swing­
ing at him with a club. Then he came back up the street where 
I was by the car. He said, "I said run." I started to walk off. 
Mr. Daniels started swinging at me with the club. I turned a- 
round to keep him from hitting me on the head. He started hitting



24

me on the hand and arm with his club. He kept hitting at me 
and I kept ducking. I did not want to get hit up side of the 
head. Only about nine months ago I was shot through the nose 
and the bullet lodged in the back of my head. I am not even 
supposed to bump iry head.

As I was backing away, another policeman came up and caught 
me by the arm and both officers started twisting my arms. They 
put me in the car and took me to the county jail

On Thursday night while I was in jail, they shot some kind 
of gas into our cell.

This affidavit is made upon my own personal knowledge and
for the purpose of being used in legal proceedings.

s/ Frank Stanley 
FRANK STANLEY

Subscribed and sworn to before me this
21st day of August, 1965.
s/ Howard Moore Jr,
NOTARY PUBLIC
My commission expires May 18, 1968

EXHIBIT "D"
STATE OF GEORGIA 
COUNTY OF LAURENS

AFFIDAVIT
Now comes before the undersigned officer authorized by law 

to administer oaths, GWENDOLYN LEWIS (25)(Negro)



27

for the purpose of being used in legal proceedings.
s/ Mrs. Imagene B. Thomas 

MRS. IMAGENE B. THOMAS
Subscribed and sworn to before me
this 21st day of August, 1965.
s/ Howard Moore, Jr.

NOTARY PUBLIC
My commission expires May 18, 1968.

EXHIBIT "F"
STATE OF GEORGIA 
COUNTY OF LAURENS

AFFIDAVIT
Now comes before the undersigned officer authorized by law 

to administer oaths, SHIRLEY BOLDEN (21) (Negro) 
who first being sworn, deposes and says:

I live at 310 Wabash Street, Dublin, Georgia.
On Wednesday, August 11, 1965,.I .started picketing Todd's 

Service Station at the corner of Wabash and Glenwood about 11:45 
a.m. Whenever someone would drive up to get gas, Mrs. Todd would 

come out of the station and meet the customers. They would then 

go into the station and talk, while her husband serviced the cars 

After the cars had been serviced, Mrs. Todd would come out of
the station with the customer. As they drove away, she would 
yell, hit them.

She told one man, "Don't ask them to move, just run over the



28

damn* motherfuckers.”
I stayed in the picket line from 11:45 until about 2:00 p.m.
About 2:00 I stopped for a while and rested under a shade 

tree across the street with other pickets. I started back picket­
ing about 2:20 and stayed until round three. At which time, I 
went across the street to get a ride for two girls to a nearby 
church. After making arrangements for the girls, I started' back 
towards the shade tree where I was stopped by Deputy Sheriff 
James Williams. He said, I have a warrant for you. I said, let 
rise see it. He showed me a piece of paper on which was written 
cursing in front of a female. My name was not on the warrant at 
the time. When we got down to the county jail, he put my name on 
the warrant.

While I was picketing, a white girl came out of the station 
with a sign. She held the sign up and said, I am just as good
as you, I can hold a sign too. The sign said something about 
’'Nigger Lover,"

1 live less than a block from the service station. The sta* 
tion is located at the corner of Wabash and Glenwood, in the 
Negro section of towi. Mrs. Todd is the only white person doing 
business in the immediate area, Mrs, Todd has operated the sta­
tion for about 4 years.

Glenwood Avenue, where the station is located, is a part of 
U. S. Highway ^199 which runs north and south. Many out of state 
cars stop in there. The other day, I saw a carload of people



29

stop in there with a Florida tag.

This summer I am working with SCOPE to get Negroes regis­
tered to vote and to get better jobs.

This affidavit is made upon my own personal knowledge and 
for the purpose of being used in legal proceedings.

s/ Shirley Bolden 
SHIRLEY BOLDEN

Subscribed and sworn to before me
this 21st day of August, 1965.
s/ Howard Moore, Jr.

NOTARY PUBLIC
My commisiion expires May 18, 1968.

(SEAL) ..........
EXHIBIT "G"

STATE OF GEORGIA 
COUNTY OF LAURENS

AFFIDAVIT
Now comes before the below undersigned officer, authorized 

by law to administer oaths, WILLIE PEARL GLOVER (29) (Negro), who, 
being first being duly sworn, deposes and says :

I live at 212 Gray Street in Dublin, Georgia.
Wednesday night about 9:00 p.m. I was arrested by Chief Jo-

sey. Just before he arrested me, I had been picketing Todd’s 
Service Station.

Chief Josey came up and said, break and go home. I started 
home. He stopped me in the street and told me to go to the car.



30

I went to the car. They drove me to the County Jail. The first
night I had to sleep on the floor. The second night, Thursday,
X slept on a bunk without a mattress. X was released on Friday.

This affidavit is made upon my own personal knowledge and
for the purpose of being used in legal proceedings.

s/ Willie Pearl Glover 
WILLIE PEARL GLOVER

Subscribed and sworn to before me
this 21st day of August, 1965.
s/ Howard Moore, Jr»

NOTARY PUBLIC
My commission expires May 18, 1968.

(SEAL)

EXHIBIT "H"
STATE OF GEORGIA 
COUNTY OF LAURENS

AFFIDAVIT
Now comes before the below undersigned officer, authorized 

by law to administer oaths, WINNIE HOWARD (26) (Negro), who, 
being duly sworn, deposes and says:

I live at 181 Katie Dudley Village, Dublin, Georgia.
On August 11, 1965, I was picketing in front of Todd’s Ser­

vice Station. About 8:30 p.m. I stopped picketing and went across 
the street to a cafe. While I was sitting there, I heard people 
yelling so I went to the window to see what was happening. I saw



31

two policemen beating a man what was wearing a white shirt. Peo­
ple began to crowd into the cafe so I went back to my seat. Then 
a policeman came to the door and told us to leave or he would 
shoot tear gas into the building. I didn't want tear gas so I 
left and went to the NAAC? office where I had been doing volun­
teer work. After being there about 10 or 15 minutes, Chief Josey 
came with some other officers, chief Josey told us to go home 
if we didn't want to go to jail. I did not move until he said 
that we were under arrest. At that time, a policeman hung up 
the telephone that Bernice Turner was talking on. Chief Josey
grabbed Linda Donati by the right arm and said, "All right let's 
go!"

In front of the building, I was putina sheriff dept, car and taken 
to the County Jail where I stayed until Friday, August 13, 1965.
My first night at the jail I slept on the floor. The jail was 
dirty and unsanitary. On Friday, about 9:15 a.m. a man whom I 
believe was a G.B.I. agent came into our cell with the jailer 
Mr. Bob Seller and told him not to serve any more food until the 
Place was cleaned up. Later, Mrs. Dorothy Stanley and another 
prisoner brought a pail and mop and we prisoners cleaned the cells.

s/ Winnie Howard 
WINNIE HOWARD

?H^Sc^^^ed and sworn to 
hls 2lst day of August, before me 1965.

s/ Howard Moore, Jr. 
NOTARY PUBLIC My commission expires May 18, 1965.



32

EXHIBIT "I"
STATE OF GEORGIA 
COUNTY OF LAURENS

AFFIDAVIT
Now comes before the undersigned officer authorized by law 

to administer oaths, JIMMIE LEE GUYTON (21) (Negro) 
who being first sworn, deposes and says:

I live at 310 Wabash Street, Dublin, Georgia,
On Thursday, August 12, 1965, I was picketing Todd's Service 

Station. I had been picketing about an hour when I was arrested 
by Dublin Police. At the time of arrest, we were just walking 
around quietly in front of the station with our signs.

The police told us to get out of the line, They only want­
ed six of us to march. We kept marching quietly around. We were 
walking on the sidewalk on the Glenwood Avenue side and were not 
blocking the driveway. The police punched me in the stomach with 
his stick and told me to get in the car, He did not tell us 
what we were charged with or anything.

I worked at the station before Mrs. Todd took it over. They 
did not know too much about the business at first. I showed them 
how to grease cars and things like that, They had a lot of can­
ned goods and meats. I showed them how to keep up with the prices. 
The station is part grocery store and part service station

At first Mrs. Todd was pretty nice, Looks like when they 
learned the business they got real nasty. Mrs, Todd drank a lot



33

and I would have to look after the business. All of a sudden, 
they would curse me and call people nigger and things like that.

Out of state cars frequently came into the station for ser­
vice while I worked there.

I quit in October, 1964 when she falsely accused me of tak­
ing a bag of potato chips. I couldn't stand working around them 
any more.

a/ Jimmie Lee Guyton 
JIMMIE LEE GUYTON

Subscribed and sworn to before me this 21st day of August, 
1965.
s/ Howard Moore Jr, 

NOTARY PUBLIC
(SEAL)

My commission expires May 18, 1968.

EXHIBITS"
STATE OF GEORGIA 
COUNTY OF LAURENS

AFFIDAVIT
Now comes before the undersigned officer authorized by law 

to administer oaths, ROSETTA LEWIS (19) (Negro) 
who being first sworn, deposes and says:

I live at 450 Jones Village, Dublin, Georgia.
On Thursday, August 12, 1965, I picketed Todd's Service 

Station with about 16 other persons. We started picketing about 
3 -15 just after the other pickets had been arrested. We picketed



34

for about 15 minutes. About 3:30 a white man with a gun came up
and said that it was too many of us on the line. He said, drop
it down to six. We continued to picket. He said, this group
is now under arrest. He put me in the car and took me to the
County Jail, At the jail, we had to give our names,

s/ Rosetta Lewis 
ROSETTA LEWIS

Subscribed and sworn to before me 
this 21st day of August, 1965. 
s/ Howard Moore Jr,

n o t a r y  p u b l i c

My commission expires May 18, 1968,
(SEAL)

EXHIBIT "K"
STATE OF GEORGIA 
COUNTY OF LAURENS

AFFIDAVIT
Now comes before the undersigned foffleer authorized by law 

to administer oaths, ROSA LEE KIRKLAND (25)(Negro), who being 
duly sworn, deposes and says:

I live at 219 Pearl Avenue in Dublin, Georgia,
Thursday, August 12, 1965, about 4 o'clock I was arrested 

by Dublin police officers. At the time I was arrested, I was 
picketing Todd's Service Station. I was not cursing. Nor was 
anybody else. Mrs, Todd might have been cursing.



35

This affidavit is made upon my own personal knowledge and 
for the purpose of being used in legal proceedings.

s/ Rosa Lee Kirkland 
ROSA LEE KIRKLAND

Subscribed and sworn to before me
this 21st day of August, 1965.
s/ Howard Moore, Jr.

NOTARY PUBLIC
My commission expires May 18, 1968.

(SEAL)

EXHIBIT "L"
STATE OF GEORGIA 
COUNTY OF FULTON

AFFIDAVIT
Personally appears before the undersigned official, author- 

ised by law to administer oaths, THOMAS JACKSON, who first being 
duly sworn, deposes and says:

That he is an attorney with offices at 755 Monroe Street, 
Macon, Georgia.

That he was the attorney for all the defendants in the below
mentioned cases before the Recorders Court of the City of Dublin, 
Georgia.

That on August 16, 1965, at about 9:00 a.m., I filed with 
the Deputy Clerk of the Dublin Division of the United States 
District Court for the Southern District of Georgia petitions to



35

have certain cases pending before the Recorders Court of 
the City ox Dublin removed to the federal district court. I served 
copies of said petitions on the Recorder, D. B. Wilkes, and the 
acting clerk, Police Chief William Josey, at or about 12:00 noon, 
and prior to the trial of any of the cases involving the peti­
tioners. The City Attorney, Beverly B. Hayes, was there and had 
read a copy of the petition which had been attested to by the 
clerk of the district court as a true copy of the petitions filed 
with her, to wit, Case Nos. 1733, 1734, and 1735.

As attorney for the apporximately seventy defendants named 
in the petitions, I moved that the court hold in abeyance prose­
cution of the cases inasmuch as it no longer had jurisdiction 
to try such cases. In support of my motion, I read to the Re­
corders the pertinent federal statute, to wit: 28 U.S.C.A. 1446
(e):

Promptly after filing of such petitions and bond 
the defendant or defendants shall give written notice 
thereof to all adverse parties and shall file a, copy 
of the petition with the clerk of such State Court, 
which shall effect the removal and the State Court 
shall proceed no further unless and until the case 
is remanded.
Judge Wilkes denied my motions. In substance, he said that 

the cases before him were not ’'civil rights cases” and that the 
federal courts had nothing to do with the operation of the Re-



37

corders Court of Dublin. Further, he told me that he was going 
to try all the cases until he received some order from the federal 
court. I responded that the federal statute, Sec. 1446 (e), 
was self effectuating and that inasmuch as he was not an attor­
ney he should seek counsel of the City Attorney before finaliz­
ing his decision. The City Attorney, who was present at all 
times, advised the judge that the statute to which I had made re­
ference used the word "State Court;" and therefore, the removal, 
statute was inapplicable and that he (Judge Wilkes)should pro­
ceed to try the cases. I responded that the term "State Court" 
was a generic term, as used in the statute; and that it was ap­
plicable to the Recorders Court of Dublin which was established 
under and exists only by virtue of the laws of the State of
Georgia. Judge Wilkes denied my motion and directed that the 
cases be called.

The cases against Linda Donati, one of the petitioners and 
the only white defendant, was called. Miss Donati was not in 
court. The judge ordered a bench warrant for her arrest.

The case against Reuben Gamble, one of the petitioners and 
the acting president of the local NAACP Branch was called next.
I moved the Court to continue this case until it was determined 
whether or not it had jurisdiction. My motion was denied. City 
Attorney Hayes moved that the rule of sequestration be invoked.
I announced and called the three witnesses I planned to use. Mr. 
Hayes picked up the removal petitions which I had served earlier



38

and proceeded to read off the names of all the petitioners con­
tained therein. Under an apparent subterfuge of being used as 
prosecution witnesses, all the petitioners present at the time 
were herded out of the courtroom. Mr. Hayes then declared that 
he wanted all persons who were arrested on the evening of August
II, 1965, to leave the courtroom as he might have occasion to 
use them as his witnesses. Under the Court's sanction, his or­
der was carried out. In the trial of the Gamble case, Mr. Hayes 
used only one witness, Sgt. Glenn Hardin, a city policeman.

On the following morning, the case against John Turner Gray
III, one of the petitioners, was called. I made a similar mo­
tion as to the jurisdiction of the Court to try the case, which 
motion was similarly denied. The City again used one witness, 
the same Sgt. Hardin. I used three witnesses, one of whom was 
an Inus Evans. On cross-examination, Mr. Hayes badgered this 
witness and I objected. The Court did not respond to my objec­
tion and Mr. Hyes continued. I directed my client not to ans­
wer the question. Mr. Hayes demanded that Judge Wilkes cite me 
for contempt. During this same cross-examination, angered be­
cause Mr. Evans placed the defendant at the time of arrest at a 
place different that that testified to by the City’s one witness, 
Attorney Hayes demanded that Judge Wilkes issue a warrant against 
Mr. Evans for perjury. Judge Wilkes informed Mr. Hayes that if 
he desired a warrant he knew the person in authority to see. Af­
ter the Gray case was disposed of, Judge Wilkes, who during the



39

trial had received a telegram, recessed court and retired to a 
side room with then City Attorney. During the recess, one of my clients 
informed me that Attorney Howard Moore had called from Brunswick 
where he had filed a pleading concerning my cases with Judge 
Scarlett of the federal district court. When court reconvened 
after approximately ten minutes had elapsed, Judge Wilkes ordered 
the next case to be called. I inquired of the telegram received 
by the Judge inasmuch as I felt it concerned the pending cases.
The Judge permitted me to read the telegram, which appeared to 
be a notice to him from Attorney Moore that Mr. Moore was filing 
a petition seeking to enjoin further proceedings in Judge Wilkes' 
court. Again I moved that the remaining cases be continued until 
the federal question had been decided. Judge Wilkes denied the 
motion on the same grounds given prior. Mr. Hayes and I stipu­
lated that my motion as to the jurisdiction of the Recorders 
Court would be a continuing one for all remaining cases. Before 
Court reconvened, the petition to enjoin Judge Wilkes and City 
Attorney Bevely Hayes from continuing prosecution of the cases 
together with a show cause order from Judge Scarlett were served 
on Judge Wilkes and Mr. Hayes by Attorney Howard Moore. Attor­
ney Moore requested that the cases be held in abeyance in light 
of the show cause order. Mr. Hayes indicated that they were not 
enjoined from continuing with the cases but that the show cause 
order signed by Judge Scarlett merely required he and the Judge



40

to appear in the Federal Court on Wednesday, August 25, 1965.
Mr. Moore indicated that he could move for an order as to why 
they should not be held in contempt of court should they elect 
to continue with the prosecution of the cases. Mr. Hayes said 
he would continue with the prosecutions. Mr. Moore and I left 
the side room. A short time later, Judge Wilkes, Mr. Hayes, and 
Chief Josey came from the room into the courtroom and reconvened 
court. Judge Wilkes called Mr.Moore and myself to the bench.
He related to us that he had just talked to Judge Scarlett over 
the telephone, the District Judge had told him that he had de­
nied Mr. Moore's petition for preliminary injunction, and that 
he (Judge Wilkes) could proceed without being in contempt of the 
federal court.

The case against Louis Smith was called. Again the City's 
only witness was Glenn Hardin, City police officer. Sgt. Hardin 
testified for the first time that he had been called to the scene 
of the picketing to check out numerous complaints by whites that 
rocks were thrown at their cars by people as they drove through 
the area. On cross-examination I attempted to establish the 
source of the complaints. The police officer said he could not 
recall the names of the several complainants, but that there 
was a record of their names and statements downstairs in the 
Police Station. I moved that a record of the complaints be 
brought into court as the best evidence. The Court denied my 
motion, stating that the police officer would not be required to



41

produce the record of the complaints he alleged existed.
That during the trial the Judge constantly referred to the 

defendants by their first names, notwithstanding that several 
were adults, such as Miss Winnie Howard, who gave her age, when 
requested by me, as twenty-six.

This affidavit is made upon facts within my own personal
knowledge and for the purpose of being used in legal proceedings

s/ Thomas Jackson 
THOMAS JACKSON

Subscribed and sworn to before me
this 24th day of August, 1965.
s/ Howard Moore Jr.

NOTARY PUBLIC
My commission expires May 18,1968.

(SEAL)

EXHIBIT "M"
STATE OF GEORGIA 
COUNTY OF FULTON

AFFIDAVIT
Personally appeared before the undersigned officer author­

ized by law to administer oaths, ANITA LOUISE GLASCO, who, first 
being sworn, deposes and says:

That she is a resident of Los Angeles, California, that she 
is a second year student at the Harvard Law School, and that un­
der a law students' summer research project she was assigned to



42

work as a law clerk for Attorney Thomas M. Jackson of Macon, 
Georgia, a member of the Georgia bar.

That on August 16, 17, and 18, 1965, she was seated at the 
defense counsel's table as an assistant to Attorney Jackson dur­
ing proceedings in the Recorders Court of the City of Dublin, 
Georgia, and that she was present throughout such proceedings.

That she has had an opportunity to read and has read the af 
fidavit of Attorney Thomas Jackson concerning said proceedings, 
and to the best of her knowledge the facts that Attorney Jack- 
son has stated are correct.

That in addition, she observed the following in the Record­
ers Court of the City of Dublin:

1. During the trial of Reuben Gamble, the second witness 
to testify on behalf of the defendant was Bernice Turner, a task 
force worker for the NAACP, On cross-examination, City Attorney 
Beverly Haves questioned Miss Turner about the nature and pur­
pose of the NAACP. When Miss Turner testified that she had 
seen one Frank Stanley being beaten, Mr. Hayes asked her if 
Stanley was her boyfriend. She answered no. Mr, Hayes then 
asked if Miss Turner was living with Frank Stanley. Again she 
answered no, Mr. Jackson objected to these questions. The City 
Attorney did not attempt to pursue his line of questioning fur­
ther .

2. During the trial of Reuben Gamble, one of the witnesses 
for the defendant was Rosetta Lewis. Judge D, B, Wilkes told



43

Miss Lewis that she would have to limit her testimony and that 
she could only testify as to what she actually saw happen to the 
defendant. The Judge told her that she could not testify as to 
the circumstances leading to the mass arrests.

3. During the trial of John. T. Gray III, inus Evans was 
a witness for the defendant, city Attorney Hayes questioned 
Evans repeatedly about his purpose in coming to Dublin, when 
Attorney Jackson objected to this line of questioning as being 
of no relevance, Mr. Hayes continued with his questions without 
waiting for Judge Wilkes to rule on the objection. When Attor­
ney ickson objected again, Hayes told the Court he should be 
held in contempt.

4. On August 18, 1965, at approximately 9:00 a.m., Attor­
ney Jackson requested that the Chief of Police, as acting clerk, 
be required to compile a docket for the cases yet to be tried. ’ 
The Judge directed the Chief to read the names of the cases but
added that the cases need not be called in the order in which 
they were read.

5. Mr. Jackson then requested that the Court issue sub­
poenas for certain witnesses necessary to the defense. At first, 
the Judge refused absolutely to issue any subpoenas. He later 
directed Chief Josey to issue such subpoenas as Mr. Jackson might 
direct. Court was then adjourned until 2:00 p.m.

6. On August 18, 1965, at approximately 2:00 p.m., Judge 
Wilkes announced that the trials would be continued for an indef­



44

inite period due to his poor health*
That the foregoing affidavit is made upon her own personal

knowledge and for the purpose of being used in legal proceedings
s/ Anita Louise Glasco 

ANITA LOUISE GLASCO
Subscribed and sworn to before me
this 24th day of August, 1965.

s/ Howard Moore, Jr.
NOTARY PUBLIC

My commission expires May 18, 1968.
(SEAL)

...oOo...
JUDGMENT OF THE COURT

(Numbers and titles omitted) (Filed: September 1, 1965)
ORDER OF COURT

The above styled matters having come on for hearing before 
me on the 25th day of August, 1965 and after hearing evidence 
from both the plaintiffs , and defendants it is hereby ordered 
as follows:

1. That counsel for the plaintiffs and defendants make 
arrangements to secure a prompt transcript of the evidence in 
said cases.

2. That upon receipt of the transcript of the evidence 
counsel for the plaintiffs shall, within thirty (30) days there­
after, submit to the Court their statement of the facts, conclu­
sions of law and a proposed judgement which shall be served on



45

counsel for the defendants. Within fifteen (15) days of the 
receipt of same counsel for the defendants shall submit to the 
Court his statement of facts, conclusions of law and a proposed 
judgement which likewise shall be served on counsel for the 
plaintiffs.

3. In the meantime the plaintiffs, their agents, servants, 
employees and any and all persons or organizations acting in 
concert with them or any and all persons belonging to the class 
which they claim to represent including the Dublin Chapter of 
the*. National Association For the Advancement of Colored People 
and any other parent of subsidiary; the Southern Christian Lead­
ership Conference or any of its affiliates such as Summer Com­
munity on Political Education (Scope) are prohibited from pic­
keting, demonstrating, marching or parading in any manner through­
out Dublin and Laurens County, Georgia until the Court has had 
an opportunity to rule upon the merits of said cases.

4. The City of Dublin, the Recorder and City Attorney are 
likewise prohibited from trying any of the persons named in the 
foregoing petitions or from transferring said cases to any court 
until this Court has had an opportunity to rule on said matter.

5. Let a copy of this Order be spread upon the minutes of 
the Laurens Superior Court and published in its entirety at least 
once in the official gazette in and for Laurens County, Georgia 
being the Dublin Courier Herald.

6. Let a copy of this Order be served upon the United States



46

Marshall for the Southern District of Georgia.
SO ORDERED, this 31st day of August, 1965.

s/ F. M. Scarlett 
JUDGE s UNITED STATES DISTRICT 
COURT FOR THE SOUTHERN DISTRICT 
OF GEORGIA

. .«o0o*.«
NOTICE OF APPEAL

(Number and title omitted) (Filed: August 19, 1965)
NOTICE IS HEREBY GIVEN THAT Gloria Outler, et al, appeal 

to the United States Court of Appeals for the Fifth Circuit, 
from the order of the United States District Court for the South­
ern District of Georgia, Dublin Division, refusing to immediately 
enjoin and restrain prosecution of the defendants-petitioners in 
the Recorders Court of the City of Dublin, Georgia, upon charges 
removed to the United States District Court pursuant to Title 
28, United States Code, Section 1443 (1) and (2), dated August 
17, 1965.

This 17th day of August, 1965.
s/ Howard Moore Jr.

HOWARD MOORE,JR.
859% Hunter Street, N.W. 
Atlanta, Georgia 30314 
Tel. 525-8372
THOMAS JACKSON 
755 Monroe Street 
Macon, Georgia
JACK GREENBERG 
ME I 2ARR
10 Columbus Circle 
New York, New York 10017... oOo...



47

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

NO. 22923

REUBEN GAMBLE, ET AL Appellants
versus

CITY OF DUBLIN, GEORGIA Appellee

NO,22924

GLORIA OUTLER, ET AL Appellants
versus

CITY OF DUBLIN, GEORGIA Appellee

NO. 22925

SHIRLEY BOLDEN, ET AL Appellants
versus

CITY OF DUBLIN, GEORGIA Appellee

Appeals from the United States District Court 
for the Southern District of Georgia

Before TUTTLE, Chief Judge, GEWIN and BELL, Circuit Judges.
BY THE COURT

IT IS ORDERED that the motion of Appellants to consolidate



48

the above entitled and numbered causes on appeal be and the same 
is hereby

GRANTED
IT IS FURTHER ORDERED that Appellants’ motion to withdraw 

their motion for injunction pending appeal without prejudice be 
and the same is hereby 

GRANTED.
(ORIGINAL FILED - SEPTEMBER 28, 1965)

U. S. DISTRICT COURT 
DUBLIN DIVISION 
FILED IN OFFICE
Sept. 30, 1965* ~
s/ Hazel W. Lordham 
Deputy Clerk

A true copy
Test: EDWARD W. WADSWORTH

Clerk, U. S. Court of Appeals, Fifth Circuit
By s/ Eugenia S. McMurphy 

Deputy
New Orleans, Louisiana 

SEP 28 1965 
(SEAL)

...oOo...
NOTICE OF APPEAL

(Number and title omitted) (Filed: January 25, 1966)
You are hereby notified that GLORIA OUTLER, et al., defen~ 

dants-appellants in the above-styled petition for removal filed 
pursuant to 28 United States Code, Section 1443 (1) (2), hereby



49

appeal to the United States Court of Appeals for the Fifth Cir­
cuit from the Order of this Court, the Honorable Frank M. Scar­
lett, Chief Judge, on January 20, 1966, remanding this case to 
the Recorder's Court of the City of Dublin, Georgia, for a want 
of removal jurisdiction under Section 1443 (1) and (2), United 
States Code. ,

This 36th day of January, 1966.
s/ Howard Moore Jr.

HOWARD MOORE, JR.
859^ HUNTER STREET, N.W, 
ATLANTA, GEORGIA 30314
THOMAS JACKSON 
753 MONROE STREET 
MACON, GEORGIA

ATTORNEYS FOR DEFENDANTS 
••.oOo.«.

NOTE: PORTION OF RECORD OMITTED- 
_____ FILED IN ITS ORIGINAL FORM

* *.oOo...
PETITION FOR REMOVAL

(Number and title omitted) (Filed: August 16, 1965)
The jurisdiction of this Court is invoked pursuant to Title 

28, United States Code Annotated, Section 1443 (1) and (2). By 
this action, petitioners seek a federal forum to protect peti­
tioners from a direct or indirect deprivation of rights, privi- 
Icges, or immunities secured petitioners by the First Amendment, 
United States Constitution, as made applicable to the State of 
Georgia by Section 1, Fourteenth Amendment, United States Const!-



50

tution, Title II of the Civil Rights Act of B64, and Title 42, 
U.S.C.A., Sections 1971, 1981, and 1983,
2, All of the petitioners whose names appear in the above cap­
tion, which is incorporated into this paragraph by express refer 
ence and made a part of the same, are Negro citizens of the Unit 
ed States and of the State of Georgia, except Linda Donati. Pe­
titioner Donati is a white citizen of the United States and of 
the State of California,
3, The facts and circumstances surrounding petitioners* arrest 
and detention are made to more fully appear by the affidavits of 
petitioners Gamble and Turner which are attached hereto and here 
by made a part of this paragraph and petition, marked Exhibit 
"A" and "B."
4, The purpose and object of petitioners' peaceful picketing
was:

(1) To protest the discrimination or segregation
on the basis of race or color in the places of public 
accommodation and in employment practices in Dublin,
Laurens County, Georgia, particularly at Todd's 
Sinclair Service Station;
(2) To protest racially discriminatory police methods 
and practices;
(3) To encourage and inspire Negro citizens of Dublin, 
Laurens County, Georgia, to register and become qualified
voters,



51

5. Todd s Service Station, located on Glenwood Avenue in the 
City of Dublin, Georgia, where the picketing occurred, is a place 
of public accomodation within the meaning of Title II of the 
Civil Rights Act of 1964 (7£ Stat. 240). Said station is lo­
cated less than two full city blocks from the SCOPE field office. 
SCOPE is a project of summer volunteers dedicated to inspiring, 
encouraging, educating, and organizing Negro citizens to become 
registered and qualified voters.
6. Petitioners are charged with violating Section 26-22 and 
Section 22-13 of the City Code of the City of Dublin, Georgia.
Said charges are non-indictable offenses and are tried upon sum­
mons before the Honorable D. B. Wilkes, Recorder of the City of 
Dublin. At the time this petition was drawn, petitioners had not 
been served with a copy of this summons. Different colored 
summonses are issued to white and Negro offenders. A yellow 
copy is issued to white offenders and a pink copy to Negro. The 
summons to be served will be signed by "Officers All." On in­
formation and belief, "Officers All" are believed to be ficti­
tious persons.
7. On information and belief, Bernice Turner, Linda Donati,
Norman Lindsey, Willis Turner a/k/a Willis Tucker, Kenneth Walters, 
John T. Gray III, Charles Lawson, Charlie Martin, Lauretta White, 
Winney Howard, Bessie Todd, Barbara Todd, Gwendolyn Lewis, Deloris Stan- 
iey, Imagene Thomas, Mattie McGirt, Willie Pearl Glover, Willard 
Hall Jr., Roger Demmons, and Edward D, Robinson were arrested at



52

the SCOPE office, 222 Glenwood Avenue, Dublin, Georgia, within 
ten minutes of the arrest of the other petitioners. The SCOPE 
office is located about a block from Todd's Service Station, 
Association and assembly in the SCOPE office are activities, 
liberties, and freedoms which are protected from unlawful inter­
ference, infringement, and restraint by the First Amendment and 
the pertinent sections of the Civil Rights Act of 1965. The busi­
ness of the SCOPE office and the petitioners arrested therein is to 
urge, inspire, encourage, educate, and organize Negroes to become 
registered and qualified voters.
8. For the reasons herein before stated, petitioners were un­
lawfully arrested and detained and are now threatened with pro­
secution and punishment for acts done under color of authority 
derived from the laws of the United States providing for equal 
access to places of public accommodation as defined by Title II 
of the Civil Rights Act of 1964, including peaceful attempts and 
efforts to acquire and enjoy equal access to such places of pub­
lic accommodation.
9. For the reasons hereinbefore stated, petitioners were unlaw­
fully arrested at the SCOPE office, detained, and are now threat­
ened with prosecution and punishment for acts done under color
of Title 42, United States Code, Section 1971 and the Civil 
Rights Act of 1965, providing for equal voting rights and remov­
ing invidious racial distinctions from the exercise of the right 
to vote which violate the Fifteenth Amendment, United States Con­
stitution.



53

10. Petitioners’ arrests, removal, and subjection to criminal 
charges are and were acts calculated designed, and intended to 
intimidate, threaten, or coerce or punish petitioners and other 
of petitioners' race or color from exercising rights, privileges, 
or immunities secured petitioners by Title II of the Civil Rights 
Act of 1964, Title 42, United States, Code, and the Civil Rights 
Act of 1965.
11. Petitioners have been and are being denied the equal pro­
tection of the law in violation of Section 1, Fourteenth Amend­
ment, United States Constitution by their arrest and threatened 
prosecution for alleged violations of Sections 26-22 and 22-13 
of the City Code of the City of Dublin. Petitioners1 arrests 
and prosecutions are brought only to discourage petitioners par­
ticularly and others generally from engaging in civil rights 
activities.
12. The cases against the petitioners are scheduled for trial
at 9 o'clock a.m. on Monday, August 16, 1965 before the Record­
er of the City of Dublin.
13. All the petitioners are presently at liberty.
14. Since the cases or charges pending for trial against the 
petitioners are criminal, bond with good and sufficient surety 
-̂s not required to be filed herewith.
15. Petitioners file a single petition because delay would oper­
ate to deprive them of effective access to the federal court for



54

vindication of their equal civil rights,, Petitioners were arrest­
ed at or near Todd's Sinclair Service Station on the same date 
and by the same police officers. The attorneys upon whom the 
petitioners rely to prepare their petition maintain their offices 
in Atlanta, Fulton County, Georgia, more than 160 miles from the 
proper United States District Court at Dublin, Laurens County, 
Georgia.

WHEREFORE, in view of these facts, petitioners pray that:
(a) The aforesaid criminal summonses be removed from 

the Recorder's Court of the City of Dublin, Georgia, to the 
United Staes District Court for the Southern District of 
Georgia, Dublin Division, for trial;

(b) This petition be filed pursuant to 28 U.S.C., 
Sections 1443 and 1446 (a) (1958), and Lefton v, City of 
Hattiesburg, 333 F. 2d 280 (5th Cir. 1964);

(c) The aforesaid criminal prosecutions stand so re­
moved as provided for in Title 28, U.S.C., Section 1446 (c) 
and (e);

(d) Jurisdiction be retained by this Court under Title 
28, U,S,C., Section 1443 (1958), or, in the alternative, 
petitioners be granted a full evidentiary hearing
as soon as practicable as provided for in Rachel v.
Georgia, 342 F, 2d 336 (5th Cir. 1965), rehearing denied
342 F, 2d 909;



55

(e) The Court accord such further relief as is 
necessary and justified to protect the petitioners* 
interests,

s/ Howard Moore, Jr. 
HOWARD MOORE, JR.
859% Hunter Street. N. 
Atlanta, Georgia 30314 THOMAS JACKSON 
755 Monroe Street 
Macon, Georgia

W.

JACK GREENBERG 
JAMES M, NABRIT, III 
10 Columbus Circle 
New York, New York 10019
ATTORNEYS FOR PETITIONERS

EXHIBIT hA"
AFFIDAVIT

STATE OF GEORGIA 
COUNTY OF LAURENS

Before me the undersigned officer comes Reuben Gamble who 
Being first duly sworn, deposes and says:

1. That he resides at 616 Marcus Street in the City of 
Dublin, County of Laurens, State of Georgia.

2. That he was arrested^ on two charges, to wit: (1)
being a part of an unlawful assemblage, obstructing
a public way, and (2) failing to obey a police officer.

3. That the following facts are true:
About 9:10 p.m. on August 11, 1965, I was at the 

N. A, A. C. P. Office, located on Glenwood Avenue about 
one-half block away from Todd8s Sinclair Station where



56

there were persons picketing. I left the office hav­
ing been informed that tear gas was being used on the 
picketeers. Upon approaching the scene of the picket­
ing I noticed approximately thirty Negroes walking 
back and forth in single file and carrying signs in 
front of the service station. A crowd of approxi­
mately seventy-five white persons was gathered in and 
about the service station area. Also in that same 
area were approximately ten city police officers (in­
cluding the Chief of Police), six deputy sheriffs, 
and one G. B. I. agent. I stood across the street 
in front of a restaurant known as Pooler's Glenwood 
Soda Shop with the other Negroes who were observing 
the scene at the service station. At this time Chief 
of Police Josey addressing the persons in the picket 
line through a loud speaker, ordered them to disperse. 
Moments later the Chief ordered their arrests, and the 
other policemen started swinging clubs and nightsticks 
at the picketeers. The picketeers ran into the streets 
pursued by police officers swinging clubs. Several of 
the picketeers ran into the group in front of the soda 
shop where I had been standing. The policemen started 
grabbing any and eveyone they could get their hands on, 
many of whom had not been a part of the picket line. 
Chief Josey singled me out and gave an order to two 
policemen to place me under arrest. I was grabbed by



57

the two officers and roughly shoved across the street 
into a police car which carried me to the Laurens Coun­
ty jail. Upon arriving at the County jail, an officer 
of the City of Dublin Police Department got out of the 
car and opened the back door for us and said, "I want 
one of you niggers to run and see how far you'd get." 
The same officer who had made the comment before be­
gan hitting me in the back with a nightstick. I ex­
plained to the officer that I was going peacefully, 
and that I failed to see the point of his hitting me. 
The officer explained, "I won't only hit you, I'll 
beat the god damned hell out of you." We were booked 
and placed in a cell of an area of approximately 10 
feet wide and 18 feet long with approximately 36 other 
people. The small room contained only a chair and a 
table with benches at each side. It was necessary for 
us to sleep on the floor; notwithstanding, that there 
were several cells containing empty beds. I noticed 
at least twnety beds could have been provided, but 
were denied to us. I was released about five hours 
later on a $200 bond.

a/ Reuben L. Gamble
Sworn to before me this 
12th day of August, 1965 
s/ Thomas M. Jackson

NOTARY PUBLIC Notary Public Georgia State at Large
My Commission Expires April 29, 1969.



58

EXHIBIT "B"
AFFIDAVIT

STATE OF GEORGIA 
COUNTY OF LAURENS

Before me the undersigned officer comes Bernice Turner who 
being first duly sworn, deposes and says:

1. That she resides at 610 South Walnut in the City of 
Greensboro, County of Green, State of Georgia,

2. That she was arrested on the charge of being part of 
an unlawful assemblage, obstructing a public way.

3. That the following facts are true:
At or about 8:45 p.m. on August 11, 1965, I had 

been taking part in a picket line in front of Todd’s 
Service Station, protesting the treatment of Negroes 
by the manager of the station, A crowd of approxi­
mately fifty white persons were in the area of the pic 
ket line heckling and threatening those of us picket­
ing, all of which was witnessed by several policemen 
who were standing in the crowd talking with the whites 
I smelled an amonia-like substance which I later found 
out was caused by a tear gas bomb released by one of 
the police officers. I stayed in the picket line for 
approximately ten munites and then went across the 
street to order some food. A short time later while 
inside the restaurant my attention was aroused by a



59

commotion going on outside, I went to the door and 
observed several fleeing Negroes being chased by po­
licemen swinging nightsticks. I saw one policeman beating 
on the body of a Negro boy whose age I approximated 
at ten. The policemen came into the crowd standing in 
front of the restaurant, one officer had his gun un- 
holstered. I jumped into a cab and returned to the 
N. A, A. C. P. Office, about a block down the street 
where I immediately called the Federal Bureau of Inves­
tigation to report the incident. While on the tele­
phone three city police officers broke into the of­
fice, one of the officers I recognized as the same 
person who had earlier beaten with his nightstick a 
Negro in the group standing in front of the restaurant.
The policeman said that everyone in the office (approx­
imately thirty persons) were under arrest. I asked 
the officer what were the charges, he refused to tell 
me. I inquired as to whether he had a warrant; he would 
not answer. All of the people in the office at the time 
including myself were taken to the Laurens County jail 
and booked. At the jail seventeen of us women were 
herded into what is known as the "bull pen." Most of 
us were forced to sleep on the cement floor. I was 
informed about 1:00 a.m. the following morning that 
all of us had been charged with taking part in an



60

unlawful assemblage, I was released under a $200.00 
bond later that day. Upon returning to the N. A, A . C5 P, 
Office I learned that the same police officer had cut 
the telephone wires in the office.

s/ Bernice Turner
Sworn to before me this
1.2th day of August, 1965.
s/ Thomas M. Jackson 

NOTARY PUBLIC
Notary Public, Georgia State at LargeMy Commj[ssion Expires April 29, 1969.

VERIFICATION
I, THOMAS JACKSON, of lawful age, first being duly sworn 

upon oath, depose and say:
That I am a member of the bar of the State of Georgia;
That I am the duly authorized attorney for petitioners 

herein, authorized to prepare and verify the annexed petition;
That I have read the annexed petition and know the contents 

thereof;
That I know of my personal knowledge that all facts stated 

therein are true except such as are stated upon information and
belief;

That as to subject matter I believe the petition to be true;
and

That I sign this verification on behalf of the petitioners



61

because the annexed petition deals chiefly with matters of law
and legal inference to be drawn from facts alleged and/ or of
which I as an attorney have more knowledge than the petitioners,
and for the further reason that time is of the essence.

s/ Thomas Jackson 
THOMS JACKSON

Sworn to and subscribed to before me,
this 14th day of August, 1965.
s/ Howard Moore, Jr.

NOTARY PUBLIC
MY commission expires May 18, 1968,

(SEAL)
♦ •.oOo.* *

MOTION FOR FURTHER RELIEF TO PROTECT THE 
JURISDICTION OF THIS COURT AND RIGHTS OF THE PETITIONERS

(Number and title omitted) (Filed: August 17, 1965)
Petitioners for removal in Criminal Nos. 1,733, 1,734, and 

1,735 now pending in this Honorable Court, move the Court for 
such further relief as is necessary and appropriate to protect 
the jurisdiction of this Court and agreeable to the usages and 
principles of law and to preserve and protect rights granted 
the petitioners by the laws and Constitution of the United States, 
As grounds therefor, petitioners show as follows:

1. This Court has authority to grant the relief sought by 
virtue of Title 28, United States Code, Section 1651 and by 
virtue of Article VI, Section 2, United States Constitution,



62

2. On August 16, 1965, petitioners filed a properly veri­
fied removal petition in each of the above-stated cases removing 
certain criminal prosecutions pending against them from the Re­
corder's Court of the City of Dublin, Georgia, to this Court 
pursuant to Title 28, United States Code, Section 1446 (e). 
Promptly upon filing, petitioners through Thomas Jackson of Ma­
con, Georgia, of counsel to the petitioners, served a copy of 
said petition upon, and properly notified, the appropriate of­
ficials of the Recorders Court of the City of Dublin,

3. Petitioner attach and incorporate herein their verified 
petitions for removal with supporting affidavits, marked exhi­
bit "A", "B", and "C", respectively,

4, Despite the filing and prompt service of the removal pe 
titions attached hereto, the Honorable D. B. Wilkes, Judge of 
the Recorders Court of the City of Dublin, Georgia, upon the ad­
vice of B, B. Hayes, prosecuting attorney, did press petitioner 
Reuben Gamble to trial upon the charges. The petitioner was con 
victed and sentenced to pay a fine of $150,00, or serve 50 days 
in jail. Petitioner Gamble is now at liberty on bail in the a- 
mount of $500,00 with security.

5, Prior to the illegal trial of petitioner Gamble in the 
Recorders Court, petitioner's trial counsel, Thomas Jackson, 
read Title 28, United States Code, Section 1446(e), to the Re­
corder and the prosecuting attorney.



63

6. Upon conviction and sentencing of petitioner Gamble, the 
Honorable D, B. Wilkes adjourned Court until Tuesday, August 17, 
1965, at 9 o’clock A.M. At which time, he announced that he would 
continue with the trials of the cases against the petitioners,

7. Petitioners are threatened with immediate and irre­
parable harm and injury for which there is nc adequate remedy at 
law by reason of the announced intention of the state trial judge 
to proceed with the triaIs of the cases which have been removed 
to this Court and thereby to subject directly or indirectly each 
of the petitioners to a deprivation of rights, privileges, or 
immunities secured by federal constitutional and statutory law.

8. The City of Dublin, Georgia, however, has full and ade­
quate remedies at law to contest the authority of this Court to 
exercise its jurisdiction to try the charges against the peti­
tioners . The City of Dublin has not availed or attempted to 
avail itself of the we11-recognized remedies which it has to 
recapture these cases for the purposes of trying them in the Re­
corders Court.

9. In order to preserve the jurisdiction of this Court and 
to protect the petitioners in the enjoyment of rights accorded 
them by the laws and Constitution of the United States this 
Court ought to forthwith issue by telephone or telegraph a 
temporary restraining order enjoining and restraining the Honor- 
able D, B. Wilkes, Judge of the Recorders Court of the City of 
Dublin, Georgia, his agents, successors in office, duly appointed



64

and/or ex officio, employees, or any personating in his place 
and stead, and all others acting in concert with him, particular­
ly B. B. Hayes, from prosecuting or in any manner requiring the 
petitioners to appear for trial or other proceedings in the Re­
corders Court of the City of Dublin, Georgia, until this Court 
has granted and conducted a full evidentiary hearing to deter­
mine the adequacy of the facts alleged in the petition to war­
rant the exercise of jurisdiction conferred and authorized upon 
tl'is Court by Title 28, United States Code, Sections, 1443 (1),
(2), 1446 (a), (c), and (e), and as provided for in Rachel, et 
al v. Georgia 342 F.2d 336 (5th Cir. 1965); reh. den, 342 F, 2d 
909,

10, Unless restrained and enjoined, the Honorable D, B. 
Wilkes and B, B Hayes will immediately undertake to try and con­
vict the petitioners in the Recorders Court of the City of Dub­
lin in calculated denigration of and for the authority, dignity, 
and majesty of the Courts and laws of the United States.

Petitioners have served notice by Western Union Telegram 
dated Monday, August 16, 1965, upon the Honorable D. B. Wilkes, 
of the intended filing cf this motion for further relief and 
for a restraining order.

WHEREFORE, petitioners move that an order be issued in the
following terms:

Restraining and enjoining the Honorable D. B. Wilkes, Judge



65

of the Recorders Court of the City of Dublin, Georgia, and 
the Honorable B. B, Hayes, prosecuting attorney, their 
agents, successors in office, duly appointed or ex officio, 

employees, or any person acting in their place and stead, and 
all others acting in concert and participation with them, from: 

Prosecuting or in any manner requiring the petitioners 
to appear for trial or other proceedings in the Recorders 
Court of the City of Dublin, Georgia, until this Court 
has granted and conducted a full evidentiary hearing to 
determine the adequacy of the facts alleged in the petition 
to warrant the exercise of jurisdiction conferred and author 
ized upon this Court by Title 28, United States Code, Sec­
tion 1443 (1), (2), 1446 (a), (c), and (e), and as provided 
for in Rachel et al v. Georgia 342 F, 2d 336 (5th Cir. 1965) 
reh, den, 342 F, 2d 909.
MOVANTS pray that they may have such further relief as is 

just and proper in the premises.
s/ Howard Moore Jr.HOWARD MOORE, JR,

859% Hunter Street, N. W. 
Atlanta, Georgia 30314
THOMAS JACKSON 
755 Monroe Street 
Macon, Georgia
JACK GREENBERG 
JAMES M, NABRIT, III 
10 Columbus Circle 
New York, New York 10019

, .  , o 0 o . . •
ATTORNEYS FOR MOVANTS



6 6

NOTE: PORTION OF RECORD- 
FILED IN ITS ORIGINAL FORM

.»®0O0#« «
RESTRAINING ORDER

(Number and title omitted) (Filed: August 17, 1965)
This matter having come on to be heard upon petitioners' 

verified motion for further relief, and it appearing to the Court 
that respondents have prosecuted and continue to prosecute pe­
titioners, causing immediate and irreparable injury, loss and 
damage to them, a restraining order restraining such acts should 
be granted without hearing. Notice has been given to respond­
ents.

IT IS THEREFORE ORDERED THAT D. B. Wilkes, Judge of the
Recorders Court of the City of Dublin, Georgia, and B, B. Hayes,
prosecuting attorney, their agents, successors in office, duly
appointed or ex officio, employees, or any person acting in their

show
place and stead, and all others acting in concert with them, be, 
cause before me on August 25th 1965 in my office in Brunswick, Ga. 
and -are -hereby -restrained -from "prosecuting -or -in -any -manner -re - Why prayers of petitioners should not be granted, 
quiring-the-petitioners-t©-appear-for-trial or other proceedings
in the Recorders Court of the City of Dublin, Georgia, until fur­
ther order of the Court.

IT IS FURTHER ORDERED THAT the respondents herein, through 
their counsel, appear before this Court on the 25 day of August, 
1965, at the hour of 11 o'clock, A.M., cf the said day, at the 
United States Courtroom, Brunswick. , Georgia, to show cause, if



67

any they have, why this order should not be continued in effect 
and why this Court should not exercise its jurisdiction to try 
the within prosecutions, as prayed for in the verified petitions 
for removal.

Done this 17 day of August, 1965, at Brunswick Georgia, at 
9:25 o'clock, A. M.

s/ F. M. Scarlett
JUDGE, UNITED STATES DISTRICT COURT

» « a O 0O ...

NOTICE OF APPEAL
(Number and title omitted) (Filed: August 19, 1965)

NOTICE IS HEREBY GIVEN THAT Shirley Bolden, et al, appeal 
to the United States Court of Appeals for the Fifth Circuit, 
from the order of the United States District Court fcr the South- 
ern District of Georgia, Dublin Division, refusing to immediate­
ly enjoin and restrain prosecution of the defendants-petitioners 
in the Recorders Court of the City of Dublin, Georgia, upon 
charges removed to the United States District Court pursuant to 
Title 28, United States Code, Section 1443 (1) and(2), dated 
August 17th, 1965.

This 17th day of August, 1965.
s/ Howard Moore, Jr.

HOWARD MOORE, JR,
859-s Hunter Street, N. W. Atlanta, Georgia
THOMAS JACKSON 
755 Monroe Street Macon, Georgia



68

JACK GREENBERG 
MEL ZARR
10 Columbus Circle 
New York, New York 10017

.9 .O0O. . 9

MOTION TO REMAND
(Number and title omitted) (Filed: August 25, 1965)

NOW COMES THE CITY OF DUBLIN, GEORGIA, designated as pro­
secutor in the above-stated case, and without waiving its juris­
diction rights, files this its motion for remand of the above- 
designated cases back to Recorder's Court, City of Dublin, Geor­
gia, and for its motion shows as follows:

( 1)

The petition does not show on its face or within itself that 
the cases designated for removal are covered under Title 28, Unit­
ed States Code Annotated, Section 1443 (1) and (2), and there
is nothing in said petition alleging facts showing said cases 
come under or are such cases as are referred to under the above- 
designated Code Section.

(2 )

The cases designated above are not civil rights cases as 
alleged in plaintiff's petition and are not civil rights cases 
as defined under Title 28, United States Code Annotated, Section 
1443 (1) and (2) and Title 28, United States Code Annotated, Sec­
tion 1446, nor are they civil rights cases of any kind or charac­
ter, nor do they deal with civil rights in any manner whatso­
ever. That each case of the City of Dublin against each of the



69

above-designated individuals is a case in Recorder's Court, City 
of Dublin, Georgia, charging the individual designated with the 
violation of Section 26-22 of the City Code of Dublin, Georgia, 
for a violation occurring on the 11th day of August, 1965, in 
the City of Dublin, Georgia, Section 26-22 of the Dublin City 
Code reads as follows :

"Sec. 26-22, Assemblages obstructing streets, public 
places prohibited.

It shall be unlawful for any persons to assemble in a 
crowd so as to in any manner obstruct the free passage of 
the streets, sidewalks, public ways and public grounds in 
the city. Each person forming a part of such assemblage, 
after notice by any duly constituted law officer having 
jurisdiction, shall be guilty of a misdemeanor. (1937 Code, 
163; Ord. of 9-17-62)"

That the above-quoted code section is not hostile to or in con­
flict with the United States Constitution or any Federal laws nor 
does it deny or interfere with any civil rights or rights of any 
kind of the designated defendants guaranteed them under the Con­
stitution or laws of the United States. Further, that the above- 
quoted code section is not inconsistent or hostile with any a 1- 
ieged color of authority under which the petitioners allegedly 
were performing and operating. That such prosecutions are not 
within the jurisdiction of this Federal Court under any disguise 
0r designation as civil rights cases. That same are violations



70

of a penal ordinance of the City of Dublin, Georgia, and within 
the jurisdiction of the Recorder's Court of the City of Dublin, 
Georgia, That this Federal Court has no jurisdiction over same. 
Said cases should be remanded to the Recorder's Court, City of 
Dublin, Georgia.

(3)
Further, that the Recorder's Court of the City of Dublin, 

Georgia, as a matter of law is not a State Court as referred to 
in United Staes Code Annotated, Title 28, Section 1443 (1) and 
(2), and United States Code Annotated, Title 28, Section 1446,
That said court is a municipal court established and maintained 
by the City of Dublin, Georgia, for the purpose of trying offen­
ders who have violated the ordinances of the City of Dublin, 
Georgia, That such municipal court is not such a court as des­
cribed in the above-stated Federal Annotated Code Sections, and 
as such court there is no legal provision for removal of the 
above-described cases from this municipal court to a Federal 
District Court.

(4)
That Section 22-13 of the City Code of Dublin, Georgia reads 

as follows:
"Sec, 22-13. Obstructing, abusing, failing to obey 

police.
No person shall in any manner oppose or obstruct by 

acts or menace a marshal, deputy marshal, or policeman in



71

the discharge of his duties, or strike, assault, molest or 
abuse said officer or officers, and no person shall refuse 
and fail to obey an order or instruction of such officer. 
(Ord. of 9/17/62)"

That the above-quoted code section is not hostile to or in any 
conflict with the United States Constitution or any Federal laws 
nor does it deny or interfere with any civil rights or rights of 
any kind of the designated defendants guaranteed them under the 
Constitution or laws of the United States. Further, that the 
above-quoted code section is not inconsistent or hostile with 
any alleged color of authority under which the petitioners al­
legedly were performing and operating.

(5)
That these cases were removed improvidently and without 

jurisdiction to this Court. The City of Dublin shows further 
that it has been put to a great expense in filing this motion 
and it is entitled to reasonable attorney fees for its attorney 
appearing in this matter and making this motion.

(6)

The Citycf Dublin shows that due to the aforesaid, this 
Court is without jurisdiction in this matter, and that said cases 
above-described should be remanded to Recorder's Court, City of 
Dublin, Georgia.

WHEREFORE THE CITY OF DUBLIN, GEORGIA, PRAYS that this Court 
not assume jurisdictionc£ said cases, but that said cases be



72

remanded to Recorder’s Court, City of Dublin, Georgia, immediate
ly. The City of Dublin further prays that it be awared a reason
able attorney fee from the petitioners in this matter, so as to
compensate it for its unnecessary legal expense.

s/ Beverly B. Hayes 
BEVERLY B. HAYES 
Attorney at Law

GEORGIA, LAURENS COUNTY
I, BEVERLY B. HAYES, Attorney for the City of Dublin, Geor­

gia, know of my personal knowledge that the facts stated in the 
foregoing motion are true.

s/ Beverly B. Hayes 
BEVERLY Bs HAYES

Sworn to and subscribed before me
this the 24 day of August, 1965.
s/ Mrs. Pamela L. Hayes

Notary Public, Laurens County, Georgia
(SEAL)
I, BEVERLY B„ HAYES, do hereby certify that I have served 

a copy of the above and foregoing MOTION TO REMAND on Howard 
Moore, Jr., Attorney of Record for said petitioners, this the 
25th day of August, 1965.

s/ Beverly B. Hayes 
BEVERLY B. HAYES

...oOo...
NOTE: PORTION OF RECORD OMITTED- 
FILED IN ITS ORIGINAL FORM

. ..oOo...



73

NOTICE OF APPEAL
(Number and title omitted) (Filed: January 28, 1966)

You are hereby notified that REUBEN GAMBLE,et al., defend- 
ants-appellants in the above styled petition for removal filed 
pursuant to 28 United States Code, Section 1443 (1) (2),hereby 
appeal to the United States Court of Appeals for the Fifth Cir­
cuit from the Order of this Court, the Honorable Frank M. Scar­
lett, Chief Judge, on January 20, 1966, remanding this case to 
the Recorder's Court of the City of Dublin, Georgia, for a want 
of removal jurisdiction under Section 1443(1) and (2), United 
States Code.

This 26th day of January, 1966.
s/ Howard Moore, Jr.

HOWARD MOORE, JR.
859% HUNTER STREET, N.W. ATLANTA, GEORGIA 30314
THOMAS JACKSON 
755 MONROE STREET MACON, GEORGIA

ATTORNEYS FOR DEFENDANTS
...oOo...

NOTE: PORTION OF RECORD OMITTED- FILED IN ITS ORIGINAL FORM
...oOo...

SHOW CAUSE ORDER
(Number and title omitted) (Filed: August 16, 1965)

Good cause appearing therefor and upon the verified complaint 
filed herein,



74

IT IS HEREBY ORDERED THAT the defendants herein, through
their counsel, appear before this Court on the 25 day of August,
1965, at the hour of 11 o'clock, A.M., of the said day, at the
United States Courtroom, Brunswick, Georgia, to show cause, if
any they have, why a temporary or permanent injunction should not
issue against them as prayed for herein.

Done this 16 day of August, 1965, at Brunswick, Georgia.
s/ F. M. Scarlett 

JUDGE, UNITED STATES DISTRICT 
COURT

...oOo...
NOTE: PORTION OF RECORD OMITTED- 
FILED IN ITS ORIGINAL FORM

«..oOo.«»
COMPLAINT

(Number and title omitted) (Filed: August 16, 1965
TO THE HONORABLE JUDGE OF THE UNITED STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF GEORGIA:

(1)

Jurisdiction of this Court is invoked pursuant the provi­
sions of Title 28, United States Code, Section 1343 (3) and (4), 
and Title 42, United States Code, Sections 1971,1981, 1983, and 
1985 (3). This civil action is commenced by citizens of the 
United States to redress the deprivation under color of state 
law, statute, ordinance, regulation, custom and usage of rights, 
privileges, or immunities secured by the First, Fourteenth, and 
Fifteenth Amendments to the Constitution of the United States and



75

by Title 42, United States Code, Sections 1971, 1981, 1983, and 
1985 (3) providing for the equal rights of all citizens, and 
the rights of free speech, of peaceful assembly and of petition­
ing for the redress of grievances. Plaintiffs and the class 
which they represent seek injunctive and other relief to prevent 
the deprivation, under color of law of the State of Georgia, of 
plaintiffs' constitutional and federal statutory rights, privi­
leges, or immunities.

2 .

This is a proceeding for temporary restraining order, pre­
liminary and permanent injunction enjoining and restraining the 
defendant, his agents, servants, employees, successors, and all 
persons in active concert and participation with him from:

(a) Denying plaintiffs and the members of their class, by 
the use of force, intimidation, arrests and the threat of arrests 
the right to conduct peaceful public meetings, marches, and demon 
strations:

(1) To protest discrimination or segregation on the 
basis of race or color in places of public accommodation and 
employment practices in Dublin, Laurens County, Georgia;

(2) To protest racially discriminatory police methods 
and practices;

(3) To encourage and inspire Negro citizens of Dublin, 
Laurens County, Georgia, to register and become qualified
voters.



76

(b) Failing to afford and provide to plaintiffs and members 
of their class adequate and equal police protection against vio­
lence, intimidation, threats, and other harassment by persons 
hostile to their attempts to enjoy the full and equal access in 
Dublin, Georgia, to places of public accomodation, including 
gasoline stations, restaurants, movie theaters, and other faci­
lities, and to their efforts to end racial discrimination in 
employment practices.

3.
This is a civil action brought by the plaintiffs on behalf 

of themselves and all other Negro citizens of Dublin, Georgia 
similarly situated, pursuant to the provisions of Rule 23 (a)(3) 
of the Federal Rules of Civil Prodedure. The plaintiffs and the 
class on behalf of whom they sue are Negro citizens of the United 
States and of the State of Georgia. All of the plaintiffs and 
the class which they represent are similarly affected by the law 
enforcement practices complained of herein. The members of the 
class on behalf of which the plaintiffs sue are too numerous to 
be brought individually before the Court, but there are common 
questions of law and fact involved, common grievances arising 
out of common wrongs, and a common relief is sought for each 
plaintiff and each member of the class. The plaintiffs fairly 
and adequately represent the members of the class on behalf of 
whom they sue.



77

4.
(A) All the plaintiffs are Negro citizens of the United 

States residing in the State of Georgia .
(B) Defendant William Josey is the Chief of Police of the 

City of Dublin, Georgia, and is a citizen of the United States 
and of the State of Georgia. Defendant Josey is the chief exec­
utive and administrative officer of the Police Department of 
the City of Dublin, Georgia, and is charged with the responsibi" 
lity of supervising, instructing, assigning, hiring, and firing 
subordinate police officers.

5.
On several occasions, defendant Josey himself,and acting 

by and through his duly authorized and constituted subordinates, 
has by the use of force, intimidation, and arrests and the threat 
of arrests unlawfully directly and indirectly deprived plaintiffs 
and members of their class who were peacefully protesting racial 
discrimination or segregation of their constitutional rights.

In the early evening of August 11, 1965, a group of Negro 
citizens were, by peacefully picketing, protesting the existence 
of racial discrimination or segregation in the City of Dublin, 
Georgia, and particularly at Todd's Sinclair Service Station 
located on Glenwood Avenue. Todd's Sinclair Service Station is 
a place of public accommodation within the meaning of Title II 
of the Civil Rights Act of 1964.

Negroes were picketing Todd's to protest the policies of its



78

owner or manager to refuse service to Negroes wearing NAACP 
pins or buttons. While the picketing ensued, police officers 
of the City of Dublin were observed fraternizing and socializing 
with a sizeable gang of youthfull white persons gathered at or 
near the service station jeering, threatening, cursing, and in­
timidating the Negro pickets. One of the police officers was 
seen placing an object which resembled a medium size canister or 
case near and along the path the pickets passed as they peace­
fully conducted their protest. Momets later, the pickets felt 
the shock of gas and could detect the noxious odor which was be­
ing discharged from the canister. Upon the release of the gas, 
other police officers who had been seen mingling with the gang 
of whites began to beat and manhandle the Negro demonstrators. 
Simultaneous with the beating and manhandling, all or virtually 
all Negroes in sight including the peaceful pickets were sum­
marily arrested and charged with obstructing the sidewalk and 
public streets.

Plaintiff Gamble along with approximately 25 other persons 
was arrested. Plaintiff Gamble was released on $200.00 bond, 
given to secure his appearance before the Recorder of the City 
of Dublin at 9 o'clock a.m., Monday, August 16, 1965, for trial 
on said charges. On information, all of the other persons ar­
rested on this occasion, including Mattie McGirt (13) and ap­
proximately 16 other children less than 17 years of age, were 
h e l d  in the county jail from the time of their arrest on W e d n e s d a y



79

evening until late Friday afternoon due to their inability to 
post bail in the amount of $200.00 each with security. The af­
fidavit of plaintiff Gamble is hereto attached and made a part 
of this paragraph and petition, marked Exhibit "A."

Within minutes of the arrests described above, police of­
ficers of the City of Dublin under the command and orders of the 
defendant Josey broke into the SCOPE office at 222 Glenwood 
Avenue without either a search or arrest warrant and arrested
Bernice Turner, Inus Evans, Linda Donati, Norman Lindsey, Willis 
Turner a/k/a Willis Tucker, Kenneth Walters, John T. Gray III, 
Charles Lawson, Charlie Martin, Lauretta White, Winney Howard, 
Bessie Todd, Barbara Todd, Gwendolyn Lewis, Deloris Stanley,
Imagene Thomas, Mattie McGirt, Willie Pearl Glover, Willard
Hall Jr., Roger Demmons, Edward D. Robinson, and numerous other
occupants of the office and charged them with refusing to obey
a police officer. All of the persons who wer arrested at the
SCOPE office remained in jail until late Friday afternoon due
to their inability to post bond in tine amount of $200.00 with
security, except Bernice Turner, who was released on bail in
that amount. The affidavit of Bernice Turner describing the
above police round-up is attached hereto and thereby made a part
of this paragraph and petition, marked Exhibit "B."

Further on information and belief, one or more of the po- 
^ ce igicers cut the utility lines leading into the SCOPE office 
and committed other acts of malicious mischief.



80

The following day, Thursday, August 12, 1965, police offi­
cers of the City of Dublin arrested approximately 21 persons in­
cluding plaintiff Rosa Lee Kirkland while they conducted peace­
ful picketing of Todd's Sinclair Service Station. All of the 
persons arrested on this occasion including approximately 12 
children less than 17 years of age remained in jail until late 
Friday afternoon due to their inability to post bail in the amount 
of $200.00 with security.

As shown by the affidavit of Gloria Outler attached, marked 
Exhibit "C" the arrests on August 12, 1965, at Todd's were with­
out probable cause and without any hope that a conviction once 
illegally obtained in the Recorder's Court would be affirmed on 
appeal. These arrests were for the sole and illegal purpose of 
harrassing, intimidating, punishing, and imprisoning the persons 
actually arrested and deterring others of their race and class, 
similarly disposed, from peacefully picketing places of public 
accommodation that practice discrimination or segregation because 
of race or color.

6 .
On information and belief, defendant Josey procured an or­

der from the Judge of the Laurens County Superior Court closing 
down the Thomas Recreation Center in which the SCOPE office is 
located. A copy of said order is attached hereto and made a part 
of this paragraph and petition, marked Exhibit "D."

7.
In addition to the above occurences, for some period of time,



81

Negro residents of Dublin, Georgia, have been attempting to ex- 
ereise the rights secured by the Civil Rights Act of 1964 by 
seeking service in various places of public accomodation, includ­
ing gasoline service stations, restaurants, and movie theaters. 
Police officials of Dublin, however, have allowed persons hostile 
to these efforts to gather. Such hostile persons have engaged 
in threats, violence, and other forms of illegal harassment for 
the purpose of intimidating Negroes and interfering with their 
attempts to exercise their rights. The police have refused or 
failed to disperse, arrest, or otherwise act to protect Negro 
citizens from such hostile acts.

8.

As a direct and probable consequence of defendant Josey's 
illegal and unconstitutional acts and omissions, plaintiffs have 
been forced to indefinitely cease all peaceful demonstrations 
in the City of Dublin, Georgia. Plaintiffs and the members of 
their class are now constrained to resort to less effective means 
of protest to redress their grievances such as participating in 
a so-called "Human Relations Committee." The Human Relations 
Committee is an ad hoc body of unidentified persons without le­
gal authority to redress plaintiffs' grievances.

Due to the deep-seated hatred and hostitlity directed to­
wards plaintiffs and members of their class, the City of Dublin 
has been and is presently unable to create and organize an offi­
cial bi-racial committee composed of fair-minded Negro and white



82

citizens. Plaintiffs and their class hold no public offices in 
the City of Dublin, Laurens County, Georgia. Currently, their 
only effective means of attaining redress of their grievances is 
by regular peaceful picketing and marching within the City of 
Dublin, Georgia.

Plaintiffs and the members of their class are a political 
as well as a racial minority. Due to generations of official 
and private oppression, many of the plaintiffs and many of their 
class are affected by apathy and distrust of political processes. 
In order to rend these persons of the fetters of apathy and dis­
trust, plaintiffs must be free to peacefully picket and march 
so as to encourage such persons to become registered and qual­
ified voters and to dispel their suspicion of the efficacy of 
political process and of representative government.

9.
Plaintiffs and members of their class wish to continue their 

peaceful demonstrations and marches in order to peacefully pro­
test and seek a redress of grievances,particularly the denial of 
their right to vote free of discrimination based on race or color. 
They also wish to conduct other peaceful demonstrations and at­
tempts to exercise their rights to equal access to places of 
public accommodation under federal law. The present and past 
actions of the defendant Josey demonstrate an intent by defend­
ant and his subordinates to interfere with plaintiffs in the ex­



83

ercise of their constitutionally protected rights to peaceable 
assemble and petition for a redress of grievances,and to refuse 
toafford them adequate and reasonable police protection in the 
exercise of their rights.

10.
The plaintiffs have no real and adequate remedy at law. 

Plaintiffs are subjected to abject brutality and terroristic 
tactics on the part of the police officers of Dublin, Georgia. 
Plaintiffs are deprived of their constitutional rights by con­
duct at the hanls of white mobs, said mobs being aided, abetted 
and encouraged by acts of overt participation on the part of 
said officers and by the failure of said officers to affirmative­
ly protect plaintiffs and others similarly situated.

11.
Plaintiffs aver that they have served notice by Western 

Union telegram dated Sunday, August 13, 1965 upon the defendant 
William Josey of the filing of this complaint and application for 
temporary restraining order,

WHEREFORE, plaintiffs pray that this Court will take juris­
diction of the within cause, and issue a temporary restraining 
order and after hearing issue its preliminary and permanent in­
junction enjoining defendants and each of them, their agents, 
servants, employees, successors, and all persons in active con­
cert and participation with them from:

1. Preventing or interfering by violence, threats,



84

intimidation, arrests or threats of arrests, or in other 
ways, with plaintiffs and memebers of their class peace­
fully assembling, marching, and demonstrating at reasonable 
times and in such a way as not to create undue congestion 
or interferences with traffic in the City of Dublin, Geor­
gia, to protest the racially discriminatory police methods 
and practices of police officials in Dublin, Georgia, and 
to encourage and inspire Negro citizens to register and 
qualify as voters in Dublin, Georgia; and

2. Failing to provide plaintiffs and members of their 
class with adequate police protection to ensure that they 
will be free from threats, violence, intimidation, and har- 
rassment from persons hostile to and seeking to interfere 
with their attempts to exercise their rights secured under 
the Constitution and laws of the United States; and

3. In the alternative, this Court issue an order di­
rected to the defendant William Josey to forthwith appear 
before this Court or before a United States Commissioner to 
show cause why he should not give security of the peace and 
for good behavior under Title 18, U, S. C., Section 3043 
that he will not again knowingly in any way encourage, sanc­
tion, aid or abet any persons or person depriving or attempt 
ing to deprive the plaintiffs or members of their class of 
their equal constitutional and statutory rights, privileges, 
or immunities.



85

Plaintiffs also pray that this Court will grant them their 
costs herein and grant them such other, additional, or further 
relief as may appear to the Court to be equitable and just,

Respectfully submitted,
s/ Howard Moore, Jr.

HOWARD MOORE, JR«
859^ Hunter Street, N.W. 
Atlanta, Georgia 30314 
THOMAS JACKSON 
755 Monroe Street Macon, Georgia 
JACK GREENBERG MELVYN ZARR 
10 Columbus Circle 
New York, New York 10019

*«.oOo,««
NOTE: PORTION OF RECORD OMITTED-FILED IN ITS ORIGINAL FORM

»* *oOo,,,

MOTION FOR PRELIMINARY INJUNCTION 
(Number and title omitted) (Filed: August 23, 1965)

Plaintiffs, by their undersigned attorneys, move this Court 
for a Preliminary Injunction based on the allegations in their 
verified complaint and as additional grounds show:

1. The policies and practices of defendants violate plain­
tiffs* rights under the First, Fourteenth, and Fifteenth Amend­
ments to the Constitution of the United States and under Title 
42> U. S. C., Sections 1971, 1981, and 1983.

2. Unless defendants are immediately enjoined, they will 
continue the policies and practices complained of.



86

3. The policies and practices complained of constitute ir­
reparable harm and injury to plaintiffs and members of their 
class.

4. Plaintiffs and members of their class have no plain or 
adequate remedy at law.

WHEREFORE, plaintiffs pray that this Court grant a speedy 
hearing on this motion and thereafter issue a preliminary injunc 
tion enjoining defendants, and each of them, their agents, ser­
vants, employees, successors and all persons in active concert 
and participation with them from;

1. Preventing or interfering by violence, threats, in 
timidation, arrests or threats of arrests, or in other ways 
with plaintiffs and members of their class peacefully as­
sembling, marching, and demonstrating at any time in the 
City of Dublin, Georgia, and Laurens County, Georgia to 
protest the racially discriminatory police practices and 
methods followed in Dublin, Georgia and to encourage and in 
spire Negro citizens to register and qualify as electors
in Dublin, Georgia; and

2. Failing to provide plaintiffs and members of their 
class with adequate police protection to ensure that they 
will be free from threats, violence, intimidation, and 
harassment from persons hostile to and seeking to inter­
fere with demonstrations and other attempts to
obtain employment and to obtain service in



87

places of public accommodation free of discrimination 
because of their race or color.

Respectfully submitted,
s/ Howard Moore, Jr.

HOWARD MOORE, JR.
859% Hunter Street, N.W. 
Atlanta, Georgia THOMAS JACKSON 
Monroe Street 
Macon, Georgia
JACK GREENBERG MELVYN ZARR 
10 Columbus Circle New York, New York 10019
Attorneys for Plaintiffs

«•. oOo. ..«
NOTE: PORTION OF RECORD OMITTED- FILED IN ITS ORIGINAL FORM

...oOo...
ANSWER OF DEFENDANT AND COUNTER CLAIM 

(Number and title omitted) (Filed: August 25, 1965)
NOW COMES THE DEFENDANT, WILLIAM JOSEY, individually, and 

as Chief of Police of the City of Dublin, Georgia, and herewith 
presents his answer and counter claim as follows:

First Defense.
Defendant moves to dismiss the complaint on the ground that 

the complaint fails to state a claim upon which relief can be
granted.



88

Second Defense.
Defendant moves to dismiss the complaint on the ground 

that the Court is without jurisdiction in the premises.
Third Defense.

Defendant answers the complaint of plaintiffs as follows:
(1) Paragraph 1 requires no answer as said paragraph con­

tains mere conclusions of law.
(2) Paragraph 2 alleges the contentions of the plaintiffs 

and the defendant denies each and every contention of the plain 
tiffs,

(3) Paragraph 3 can neither be admitted or denied as the 
defendant does not know whether plaintiffs are citizens of the 
United States or of the State of Georgia and likewise does not 
know whether they represent a class in bringing this so-called 
class action. Defendant further denies that portion of Para­
graph 3 which alleges that plaintiffs have common grievances a- 
rising out of common wrongs, as there have been no wrongs com­
mitted against any of the plaintiffs, nor any class whom they 
claim to represent.

(4) For want of sufficient information, sub-paragraph A 

of 4 is neigher admitted nor denied and sub-paragraph B is ad­
mitted .

(5) The defendant emphatically denies each and every alle 
gation contained in Paragraph 5 and especially denies that the 
picketing referred to in said paragraph was peaceable, but to



89

the contrary said picketing completely obstructed the entrance and 
egress of the place of business therein referred to and denied 
to the operator of said service station her Constitutional right 
to serve the general public as she consistantly had done previous 
to this unlawful picketing and assembly,

(6) Paragraph 6 of said petition is hereby admitted and 
defendant shows that said Order was obtained for the sole purpose 
of adequately protecting the rights of all citizens, both negro 
and white, who might be using said area and to further prevent 
sizable crowds from congregating in this area. Defendant further 
shows that after peacefulness had returned, said Order was lift­
ed upon the assurance that large crowds would not be allowed to 
congregate in the vicinity of the businesses effected and that 
persons in one of the establishments would not be allowed to con­
sume large quantities of beer.

(7) Paragraph 7 of said petition is emphatically denied as 
to each and every allegation contained therein and strick proof 
thereof is hereby demanded,

(8) Paragraph 8 is emphatically denied and in further ans­
wering said apragraph, defendant shows that the plaintiffs did 
not cease such demonstrations but continued to picket the Dublin 
City Hall after it had been announced that the pending cases for 
obstruction of street and unlawful assembly had been continued 
for two weeks. In further answering said paragraph, the '"Human 
Relations Committee" mentioned therein is composed of seven



90

outstanding white citizens and four outstanding negro citizens 
and has been functioning for many months prior to the recent 
demonstrations. Further, that the City of Dublin, through its 
Mayor and Board of Alderman, are in the process of revising said 
Committee and any agrieved citizen shall have the right in the 
future, as they have had in the past, of addressing their griev­
ances to said Committee for consideration.

(9) Paragraph 9, being a mere conclusion of the plaintiffs 
requires no answer, but defendant shows that there are approxi­
mately 3,975 negroes registered to vote in Laurens County and 
they have been free to register for many years. Further, that 
the defendant has at all times been ready, willing and able to 
furnish adequate and reasonable police protection for any and 
all citizens of the City of Dublin.

(10) Paragraph 10 is emphatically denied and strict proof 
is hereby demanded.

(11) Paragraph 11 is hereby admitted.
COUNTER CLAIM

THE DEFENDANT, WILLIAM JOSEY, herewith presents his Counter 
cliam against the plaintiffs, as follows:

( 1)

The defendant is Chief of Police of the City of Dublin and 
is chief law enforcement officer in said City, charged with the 
enforcement of all City Ordinances and laws of the State of 
Georgia, and the promotion of the public peace, good order and



91

tranquility of said City.
(2)

The plaintiff herein have conducted numerous pickets, de­
monstrations and boycotts in the City of Dublin, causing traffic 
to become conjested and constituting a hazard to public safety; 
that as a part of such marches and demonstrations, the plaintiffs, 
at various and sundry times have created a situation which could 
threaten the safety of the public and citizens of Dublin, and 
have engaged in acts of violence involving the throwing of bot­
tles, rocks and other objects at buildings and automobiles, caus­
ing damage thereto and endangering the lives of all of the citi­
zens of the City of Dublin, both white and negro.

(3)
That the plaintiffs herein, and the National Association 

for Advancement of Colored People, along with the Summer Commit­
tee on Political Education (which is an affiliate of the South­
ern Christian Leadership Conference), acting in concert and spon- 
sering, financing and encouraging their own members, agents and 
associates to come into Dublin, Laurens County, Georgia for the 
purpose of fomenting violence, to practice breaches of peace 
and other law violations, that such acts on the part of the 
Plaintiffs and others acting in concert with them, have caused 
large numbers of people to congregate on the public streets and 
sidewalks, contrary to the ordinances of the City of Dublin; 
that the plaintiffs and others acting in concert with them, have 
obstructed and blocked public streets and sidewalks, such as to 
deny and deprive other persons of their civil rights, including



92

the right to free use of said streest and sidewalks and their 
right to the unimpaired and unhampered ingress and egress, to 
public and private buildings in the area; that these actions on 
the part of the plaintiffs have unlawfully interfered with the 
defendant in the official performance of his duties and have un­
lawfully prevented the defendant, as Chief of Police and chief 
law-enforcement officer of the City of Dublin, from giving or 
securing for all persons in the City of Dublin the equal pro­
tection of the laws, including the equal right of all citizens 
to use the public ways, streets, and sidewalks, all in violation 
of the ordinances of the City of Dublin and especially 26-22 and 
22-13 of the Code of the City of Dublin, and in violation of 
the laws of the United States of America.

(4)
In an effort to adequately protect and to give adequate pro­

tection to the plaintiffs and other acting in concert with them, 
during their mass march through the City of Dublin, the defend­
ant was required to call in all mobile units of the City Police
Department, all regular policemen of the City Police Department, 
and all auziliary policemen of the City Police Department, and 
assign them to the area through which the march was to be con­
ducted. The plaintiffs and others acting in concert with them, 
notified the City of Dublin as to the time and route of said
march, but approximately ten minutes before said march was to 
commence, and all officers had been deployed to areas appropriate 
to protect the marchers, the officers of the City of Dublin found,



93

through no effort on the part of the plaintiffs or their agents, 
that the route of said march had been changed. This action was 
arbitrarily done by the plaintiffs and others acting in concert 
with them, and required immediate plans to re-deploy all police 
°ffi-cers iw an effort to give the marchers adequate protection. 
This last-minute change was done solely in order that the plain­
tiffs and others acting in concert with them, could later com­
plain that they had not been given adequate protection.

(5)
Plaintiffs have constantly picketed the Dublin City Hall, 

using excessive numbers of pickets, have attempted to force 
themselves into the First Baptist Church of Dublin, have picket­
ed the Colonial Stores of Dublin, Georgia and even lay down on 
the sidewalks obstructing all passage in front of Winn Dixie 
Stores of Dublin. The picketed the Service Sation known as Todd’s 
Service Station and Southside Service Station. The picketing at 
Todd's Service Station was done by massive groups of negroes and 
one white girl from the State of California, For several hours 
at a time and for a period of two or three days, as many as for­
ty to fifty pickets were marching on the sidewalks in front of 
Todd's Service Station, which has a frontage of feet, pre­
venting and blocking ingress and egress to said service station, 
and likewise were in such large masses as to completely prevent 
the general public from using said sidewalk. That by their ac­
tions large groups of negroes assembled in the area around said



94

Todd's Service Station, completely blocking said service station 
from use by the general public, thus depriving the owners and 
operators of said service station from their civil and Constitu­
tional rights. At the same time and place the plaintiffs, and 
others acting in concert with them, blocked the public highway 
in front of said place of business, said highway being a heavily- 
traveled North-South highway. Such action and and denial to said 
owners of the free and equal protection of laws of the uninter­
rupted use of their respective property, was a denial of their 
Constitutional and civil rights. The picketing at the City Hall 
was done in such a manner and in such numbers as to block in­
gress and egress to those having business at the City Hall, and 
on occasions was done on the Sabbath, being a day of holy wor­
ship. The picketing at the Colonial Stores blocked the entrance 
to and from said store, thereby causing them to lose money and 
customers. The picketing at the Winn-Dixie store attracted large 
crowds of onlookers, and trouble would have insued, had it not 
been for the adequate protection furnished by the defendant and 
his officers.

(6)

The defendant states that the usual and ordinary processes 
of law available under the criminal ordinance of the City of 
Dublin would become burdensome and will cause irreparable finan­
cial harm and injury to the City of Dublin if same is allowed to 
continue. Said Ordinances are inadequate to cope with a situation



95

such as mass demonstrations and violence herein complained of, 
and any arrests made were accentuated, aggravated and increased 
as a result of prior arrests of the plaintiffs and others acting 
in concert with them for violation of the Ordinances of the City 
of Dublin.

(7)
The plaintiffs and others acting in concert with them, have 

requested outside intervention and plan to continue their acts 
and intensify their mass demonstrations, marches, picketing 
and violent acts. That they have stated that their people in­
tend to "take to the streets" unless all of their demands are 
granted.

(8)
The acts of the plaintiffs, and others acting in concert 

with them, are in violation of the following ordinances of the 
City of Dublin, to-wit;

(1) 26-22; Assemblages obstructing streets, public placesprohibited.
It shall be unlawful for any persons to assemble in a crowd 

so as to in any manner obstruct the free passage of the streets, 
sidewalks, public ways and public grounds in the city. Each per­
son forming a part of such assemblage, after notice by any duly 
constituted law officer having jurisdiction, shall be guilty of 
a misdemeanor. (1937 Code 163-Ord. of 9/17/62)

(2) 22-13: Obstructing, abusing, failing to obey police.



96

No person shall in any manner oppose or obstruct by acts 
or menace a marshal, deputy marshal, or policeman in the dis­
charge of his duties, or strike, assault, molest or abuse said 
officer or officers, and no person shall refuse and fail to obey 
an order or instruction of such officer (Ord. of 9/17-62)

(3) Various ordinances of the City of Dublin governing 
parades, compliance vath lawful orders of the City of Dublin, 
causing confusion in the street and sidewalks and disturbing 
the peace.

(9)
The defendant has no remedy to secure the peace and to give 

equal protection to all of the citizens of the City of Dublin if 
he is to be required to place all of his police officers at the 
whim and direction of the plaintiffs and those acting in concert 
with them.

( 10 )

The defendant has been put to unnecessary expense and at­
torney fees because of the frivilous action of the plaintiffs 
and those acting in concert with them, and asks that this Honor­
able Court award to him the sum of $5,000.00 as attorney fees 
for his attorney and expenses.

WHEREFORE THE DEFENDANT PRAYS:
(1) That the prayers of the plaintiffs be denied.
(2) That the Court render and grant to the defendant, his 

agents and employees, relief on this counterclaim by issuing an



97

interlocutory and permanent injunction injoining the plaintiffs, 
their agents, servants, employees.attorneys and those in active 
concert or participation with them, from engaging in any of the 
unlawful acts hereinbefore referred to, or in the alternative, 
to set up certain guide lines and regulations as to how often 
such actions can be carried on, how many persons may participate, 
and for what length of time that they may be allowed to picket.

(3) That defendant be awarded a reasonable sum as attorney 
fees and expenses of litigation in such an amount as the Court 
in its discretion may direct.

(4) That the defendant have such other and further relief 
as to the Court may be meet and proper.

s/ Beverly B. Hayes 
Beverly B, Hayes 
City Attorney, City of Dublin

* * * * *
GEORGIA, LAURENS COUNTY

Personally appearing before the undersigned officer author­
ized by law to administer oaths, came WILLIAM JOSEY, who on his 
th says that the facts alleged in the foregoing are true,

s/ William Josey 
William Josey 
Chief of Police

Sworn to and subscribed before me 
this the 24 day of August, 1965.
Not-!.1*8 * _^ameia L. Hayes
C o S j UbliC’ Laurens County, Georgia commission expires Feb. 4, 1969.

* * * 0 0  0  # « *



98

PLAINTIFFS' RESPONSE TO DEFENDANT'S
C O U N T E R C L A I M . ______

(Number and title omitted) (Filed: September 15, 1965)
Plaintiffs answer the counter-claim of defendant Josey as 

follows:
FOR A FIRST DEFENSE

Plaintiffs move the Court for an order striking and dismissing fra 
die responsive pleading filed by defendant Josey,all that part of 
the pleading designated "Counter-Claim", for the reason that de­
fendant lacks standing to assert the constitutional rights of 
private citizens none of whom are joined individually or as mem­
bers of an ascertainable and affected class or have sought to 
intervene.

FOR A SECOND DEFENSE
Plaintiffs move this Court for an order striking and dis­

missing from the responsive pleading filed by defendant Josey, 
all that part of the pleading designated "Counter-Claim", for 
the reason that said counter-claim fails to state a claim for 
which legal or equitable relief may be granted.

FOR A THIRD DEFENSE
Plaintiffs move this Court for an order striking and dismis­

sing from the responsive pleading filed by defendant Josey, all 
that part of the pleading designated as "Counter-Claim", for the 
reason that no facts are pleaded which show that said counter­
claim arises out of the same transactions or occurrences which 
are the subject matter of the plaintiffs' complaint and for the



99

further reason that said counter-claim requires for its adjudi­
cation the presence of third parties of whom the Court cannot 
acquire jurisdiction and that said claim was not at the time the 
action was commenced the subject of another pending action.

FOR A FOURTH DEFENSE
Plaintiffs move this Court for an order striking and dismis­

sing from the responsive pleading filed by defendant Josey, all 
that part of the pleading designated "Counter-Claim", for the 
reason that the matter contained therein is redundant, immater­
ial, and superfluous and not proper under the Federal Rules of 
Civil Procedure.

FOR A FIFTH DEFENSE
1. Plaintiffs admit the allegations of paragraph 1 of the 

counter-claim.
2. For answer to paragraph 2 of the counter-claim, plain­

tiffs admit that they have conducted and sponsored peaceful pic­
keting and demonstrations in the City of Dublin, but deny that 
they have conducted any boycotts. Plaintiffs further aver that 
they have conducted selective shopping campaigns to secure for 
themselves and the members of their class equal economic and em­
ployment opportunities. Plaintiffs deny that they or any of the 
members of their class have ever threatened or endangered the 
safety of the public and of the citizens of Dublin, Georgia, or 
that they have engaged, sponsored, sanctioned, committed, or en­
couraged any of the acts and incidents of violence, if any alleged



100

in this paragraph. Plaintiffs aver that they have at all times 
been solicitous of the welfare and safety of the citizens of 
Dublin, Georgia, and, accordingly, have planned and conducted 
their picketing and demonstrations as to cause a minimal amount 
of inconvenience, if any, to other citizens of Dublin, Georgia.

3. Plaintiffs deny the allegations of paragraphs 3 and 4 
of the counter-claim. Plaintiffs aver that to the extent any 
citizen or citizens of the City of Dublin, have been inconven­
ienced that the sole direct and proximate cause of the same has 
been the failure of the defendant Josey to impartially provide 
plaintiffs and members of the class which they represent ade­
quate protection in the exercise of their constitutional rights 
under the First and Fourteenth Amendments, United States Consti­
tution.

4. Plaintiffs admit that they have picketed the places 
named in paragraph 5 of the counter-claim. Plaintiffs deny the 
remaining allegations of said paragraph.

5. Plaintiffs deny the allegations of paragraph 6 of the 
counter-claim.

5. Plaintiffs deny the allegations of paragraph 6 of the 
counter-claim.

6. Plaintiffs deny the allegations of paragraph 7 of the 
counter-claim. Plaintiffs further aver that they intend to con­
tinue peaceful protest activities and to accept the aid and en­
couragement of all who share their peaceful methods and lawful 
obj ectives.



101

7. Plaintiffs can neither admit nor deny the allegations 
of paragraph 8. Plaintiffs aver that to the extent that said 
allegations have any basis in fact, their conduct is protected 
by the First and Fourteenth Amendments, United States Constitu­
tion. Plaintiffs further show that said ordinances of the City 
of Dublin, Georgia have been and are now being applied so as to 
hanrass, intimidate, deter and punish plaintiffs and the members 
of their class for engaging in activities and conduct protected 
by the First and Fourteenth Amendments, United States Constitu­
tion and to deny plaintiffs and the members of their class be­
cause of their race or color the equal protection of the law in
violation of the Fourteenth Amendment, United States Constitu­
tion.

8. Plaintiffs deny the allegations of paragraphs 9 and 10 
of the counter-claim.

WHEREFORE, plaintiffs, having fully answered, pray that the 
counter-claim be dismissed with costs taxed to the defendants.

s/ Howard Moore, Jr.
HOWARD MOORE, JR,
859^ Hunter St., N. W. 
Atlanta, Georgia 30314
THOMAS JACKSON 
755 Monroe Street 
Macon, Georgia
JACK GREENBERG 
JAMES M. NABRIT, III 
10 Columbus Circle 
New York, New York 10019

« ».oOo.,.



102

JUDGMENT OF THE COURT
(Number and title omitted) (Filed: January 20, 1966)

ORDER OF THE COURT
The above and foregoing styled matter having come on for a 

hearing before me beginning on the 25th day of August, 1965, and 
after hearing evidence from both the plaintiffs and the defendants, 
the Court ordered that both counsel for plaintiffs and counsel 
for defendants submit to the Court their statement c£ facts, 
conclusions of law and a proposed judgment. Counsel for both 
the plaintiffs and the defendants, within the time provided in 
said Order, submit the required statements, conclusions and judg­
ments. After due and proper consideration of each of the above- 
syled cases, it is the Order and Judgment of this Court as fol­
lows :

(1)
In Criminal Case No. 1733, City of Dublin, Georgia, Versus 

Shirley Bolden and Herman Kirkland, the evidence shows there is 
no pending prosecution against these defendants in the Recorder's 

Court in the City of Dublin, Georgia. Therefore it is not neces­

sary that any action be taken with regard to the two named defend­

ants in said case.
( 2 )

In Criminal Case No. 1734 and Criminal Case No. 1735, the 
evidence is conclusive that these are not among the type of cases 

which are subject to being removed from the State Courts to the



103

Federal Courts, therefore it is Ordered and Adjudged that all of 
the defendants listed in Criminal Cases Nos. 1734 and 1735 be 
remanded by this Court to the Recorder's Court, City of Dublin, 
Georgia, for such prosecution, or other disposition, as the City 
of Dublin, through its Recorder's Court, desires to take in said 
matters.

(3)
In Civil Case No. 661, being Reuben Gamble and Rosa Lee 

Kirkland, et al, versus William D. Josey, individually and as 
Chief of Police of the City of Dublin, the Court finds that the 
plaintiffs have not proved by a preponderance of evidence that 
the defendant in either his individual or his official capacity 
nor his servants, agents nor employees, are guilty of any act, 
or acts, complained of in the petition of the plaintiffs. To 
the contrary, the evidence shows by a preponderance of the e v i ­

dence that all rights due to the petitioners in this case were 
granted and that more than adequate police protection was afford­
ed to the petitioners during their entire period of picketing 
and marching in the City of Dublin, Georgia . The evidence fur­
ther shows that the defendant, in neither his official nor indi- 
vidual capacity was guilty of any act of negligence nor were 
his agents, servants and employees. The prayer for injunction 
hy the plaintiffs is therefore denied.

With regard to the cross-action on the part of William D, 
Josey, individually and as Chief of Police of the City of Dublin,



104

the Court finds the entire activity of the plaintiffs was an 
effort to harass and embarrass the said William D. Josey, his 
agents, servants and employees. Further, in regard to the de­
fendant's cross-action seeking to enjoin the plaintiffs and mem­
bers of the class represented by them, from engaging in unrea­
sonable and oppressive activities, the Court finds that in many 
instances the marches, demonstrations and picketing were conduct­
ed in an unreasonable manner not within the contemplation of the 
guarantee of freedom of speech and assembly.

Based upon the testimony and evidence, the plaintiffs, their 
agents, servants and employees,and any and all persons or organ- 
izations acting in concert with them, any and all persons belong­
ing to the class which they claim to represent, including the 
Dublin Chapter of the National Association For Advancement of 
Colored People and any other parent or subsidiary group; the 
Southern Christian Leadership Conference of any of its affiliates 
such as Summer Community on Political Education (SCOPE)or by 
whatever designation they may be known, are prohibited and en­
joined from picketing, demonstrating, marching or parading in any 
manner throughout the City of Dublin, except as provided by the 
Ordinances of the City of Dublin, and under such reasonable reg­
ulations and controls as may be set up by the Mayor and Board 
of Aldermen of the City of Dublin and the concurrence of the 
City Manager.



105

(4)
Relative to the allowance of counsel fees as an item of 

taxable cost upon the remand of criminal cases erroneously r e ­

moved to the United States District Court, the Court holds the 
question of the granting, or not granting, of said counsel fees 
in abeyance until the further Order of this Court.

(5)
For the purpose of carrying forth the provisions of this 

Order and assuring compliance with the provisions thereto, the 
Court holds the within matter within the breast of the Court for 
such other orders as may necessarily be forthcoming.

( 6)
Let a copy of this Order be spread upon the minutes of the 

Laurens Superior Court and published in its entirety at least 
once in the official gazette in and for Laurens County, Georgia, 
being the Dublin Courier Herald.

(7)
Let a copy of this Order be forwarded to the United States 

Marshall for the Southern District of Georgia.
SO ORDERED this the 19 day of January, 1966.

s/ F. M. Scarlett 
JUDGE, UNITED STATES DISTRICT 
COURT FOR THE SOUTHERN DIS­TRICT OF GEORGIA

•••oOo«••



106

NOTICE OF APPEAL
(Number and title omitted) (Filed: February 2, 1966)

Notice is hereby given that Reuben Gamble, et al., plaintiffs 
in the above-styled action, hereby appeal to the United States 
Court of Appeals for the Fifth Circuit from the final judgment 
anc order denying their motion for preliminary injunction and en- 
telng a final order and judgment in favor of defendant on his 
counter-claim, dated January 19, 1966.

This January 31, 1966.
s/ Howard Moore, Jr.

HOWARD MOORE, JR.
859^ Hunter St., N, W.Atlanta, Georgia
THOMAS JACKSON 
753 Monroe Street 
Macon, Georgia
ATTORNEYS FOR PLAINTIFFS

...oOo...
TRANSCRIPT OF TESTIMONY

(Number and title omitted) (Filed: )
A P P E A R  A N C  E S

FOR THE PLAINTIFFS: MR. HOWARD MOORE, 
Attorney at law, 
Atlanta, Georgia.
MR. THOMAS JACKSON 
Attorney at law, 
Macon, Georgia.



107

FOR THE DEFENDANTS: MR. BEVERLY B. HAYES,
Attorney at law, 
Dublin, Georgia.

(5)
THE COURT:

All right, are you all ready?
MR. MOORE:

Yes, sir, we are ready.
THE COURT:

How about the other side? Are you ready?
MR. HAYES:

Yes, sir, we are ready.
THE COURT:

And you are ready for the other side?
MR. MOORE:

Yes,sir, we are ready subject tc a written motion and objec­
tions with respect to the pleadings which have been filed on me 
by the defendant, Josey, denominated as "Answer of Defendant 
Counter Claim."
THE COURT:

On the Counter Claim. I just read that over (6) this morn­
ing. Supppse I withhold a ruling on that until I finally deter­
mine the case. I am in doubts about whether he has a legal right 
on that, but I am not making any ruling now, and I withhold my 
ruling on your motion until ---



108

MR, MOORE:
(Interposing) Well, I would like to state my motion for the 

record, Your Honor.
THE COURT:

All right.
MR. MOORE:

First, we would ;move to strike the counter claim (1) be­
cause it fails to state a claim and (2) defendant, Josey, has 
no standing to assert such a counter claim in this action and (3)
defendant, Josey, has a plain and adequate remedy at law and (4) in
that if/ any event under the construction of the pleadings the 
so-called counter claim would be a permissive counter claim and 
the Court would have discretion not to entertain it at this time. 
THE COURT:

Well, I am not going to rule on that at this time. I should 
have asked you what your grounds were, but it is the same thing 
I had in my mind, and that is what I am going to do is to withhold 
my judgment on that until you complete your evidence, and then 
when you do that, at a final determination of the case I will rule 
on it, because I am not sure about it at this time. I have not 
had an opportunity to examine it at this time. All right, any­
thing else?
MR. MOORE:

And one other ground, and that is the defendant, Josey, bas- 
is his counter claim and the legality of his actions upon (7) the



109

ordinances of the City of Dublin, Georgia, set out as being 2622 
of the Code and 2213 of the City Code, that they themselves are 
unconstitutional in that they deny rights which are protected by 
the First Amendment, association, assemblage and petition, and 
which are made binding upon the Cityof Dublin by the Fourteenth 
Amendment to the Constitution, and we take a further position, 
which would be our fifth position, Your Honor, that these statutes, 
as applied , are clearly unconstitutional,
(44) WILLIAM L, JOSEY.
Called by the Plaintiffs for the purpose of cross examination 
and after having been first duly sworn the truth, the whole 
truth and nothing but the truth to tell, testified as follows:

ON CROSS EXAMINATION
BY MR, MOORE:
(52) Q Now, how large is the city of Dublin? How many peo­
ple live there?
A I could give you an approximate guess.
Q Well, your best estimate?
A Well, apDroximate jl6,000,
Q Approximately 16,000?
 ̂ Yes, about that.
Q Do you have any knowledge of how many Negroes and (53) how 
many whites in the City of Dublin?
 ̂ No, nothing definite.
Q You are not able to estimate that?



110

A No. I wouldn't attempt to.
Q Now, how many men are employed by the Dublin Police Depart­
ment ?
A Nineteen.
Q Does that include you, the Chief?
A It does.
Q Now, what are the hours of work of the police officers?
A 49 hours a week.
Q And how are those hours broken up?
A Eight and a quarter hour shifts.
Q Didn't -- I didn't quite hear you?
A Eight and a quarter hour shifts, six days a week.
Q What time does the first shift start?
A The first shift starts at 7:30 A.M.,
Q And goes until when?
A 3:30 P.M.
Q From 7:30 to 3:30 P.M?
A Right.
Q How many men work the first shift?
A It varies.
Q Varies between what?
(54) A Usually there are four men on the first shift.
Q You would call that the morning shift, is that right?
A The morning shift, yes.
Q Now, the next shift comes on, say, about 3:00 o'clock, is



Ill

that right?

A 3:30 P. M.
Q And, how late do they work, sir?
A From 3:30 until 11:30, P.M.
Q And, approximately, how many men do you have on that shift?
A Five.
Q Is that ture for the weekend?
A Well, it varies, there is a relief Sergeant and a relief of- 
ficer that work alternate, that alternate on the different shifts.
Q I don't believe I understand that. Will you explain that, 
sir?
A There is a relief officer which alternates from shift to 
shift.
Q Now, the next shift is after 11:00 o'clock at night, is 
that right?

A From 11:30 to 7:30.
Q How many men work that shift?
(55) A Approximately five.
Q Do you have police cars?
A I do.

Q How many police cars do you have?
A Three.
Q Do you have other motor vehicle equipment for the use of 
the Police Department?
A I do.



112

Q And what is that equipment?
A Two motorcycles.
Q Pardon me?
A Two motorcycles.
Q Mr. Josey, do you remember being present in the City of Dub­
lin on Sunday evening July 25th?
A Sunday evening? I do.
Q Do you remember being present at or near the City Hall at 
about 8:20, P.M.?
A I do.
Q Is the City Hall located on Belvue Avenue?
A It is at Belvue and Church, Church and Belvue.
Q Church and Belvue?
A Yes,
Q In the City of Dublin. And, how far is the City Hall from 
the Police Station?
(56) A The Police Station is in the City Hall.
Q Right in the City Hall. Now, across the street from the 
City Hall on Bellevue is the Baptist church, is that correct?
A That's correct.
Q Do you know the name of that church?
A The first Baptis Church.
Q Do you remember seeing, on that day a young white boy by 
the name of Carl Wright?



113

A I do.
Q Was there a disturbance in that area?
A There was,
Q Were you present throughout the disturbance?
A I wa s.
Q There ;was a sizeable crowd of white persons present on the 
Bellevue side of the street, is that correct?
A Yes, there was some over there side of the street,
Q And there were some over at the church, is that right?
A That's right, that's on the Bellevue side.
Q All right. How many police officers did you have present?
A I don't recall right off.
Q You had at least two or three, didn't you?
(57) A I did.
Q Now, Wright was with some Negro people, is that correct?
A That's correct.
Q And they had sought to go into the First Baptist Church?
A That's right.
Q And you asked them to move across the street, is that right? 
A I did, after they began singing.
Q Now, when you walked up they were standing there with bowed 
heads in front of the church praying, is that right?
A No.
Q You say they weren't standing with bowed heads praying?

To ge the record straight, I was there when they walked up.



114
Q You were there when they walked up?
A Yes.
Q And you know, as a matter of fact they were not allowed to 
go into the church?
A I do.
Q Because you know, as a matter of fact, that the church 
doesn’t accept Negro and White worshipers together, don’t you?
(58) A So far as I know, theyH haven't.
Q And they were not accepting them on that day, so far as you 
know?
A That’s right.
Q Now, you had Maxium - I will call him "Max"just to make it 
simple?
A You can call him whatever you like.
Q All right. Now, you had Mr. Rice across the street, is 
that correct?
A I did.
Q And there was a group of people there with him?
A Yes, there was a group with him.
Q And in that group there were some Negro girls, is that 
right ?
A There were.
Q And perhaps one or two Negro men?
A Boys.
Q When you say boys, you mean they were young, is that right?



115

A Yes.
Q Now, do you remember seeing a man by the name of Preston 
Horton?
A I do.
Q Did you see him when he beat Max Rice?
(59) A When I say him, he was on top of Max Rice. I pulled 
him off him.
Q You think you pulled him off?
A I did.
Q Now, this man, Preston Horton, was using an instrument, is 
that right?
A I didn't see an instrument.
Q But you were the one that pulled him off, you say?
A I wa s .
Q Now, do you know whether he had your billy club or another 
policeman's club?
A I know that he didn't.
Q You don't know?
A Sure I know. But he didn't have a club that I saw.
Q Now, do you know whether or not it was your police officer
who threw this mustard gas or some one else?
 ̂ I don't know any was thrown.
Q Well, you were there all the time these people were there, 
weren't you?
A I was.



116

Q And you were there at the time the young girl had to be tak­
en away from the City Hall about a block down the street?
A Not that I know of.
(60) Q You don’t know anything about that?
A No.
Q You don’t know whether it happened or not?
A As far as I know, no such an incident occurred.
Q Do you recall making a statement to the press that you dis­
cussed with the young girl on whom this gas was thrown?
A No, I do not.
Q You didn’t make a statement like that?
A No, I did not.
Q Now, Max Rice was taken to the hospital, is that right?
A ^e was.
Q He was severly beaten, wasn't he?
A Well, he was bleeding about the head. He had a knot on his 
head.
Q He was hurt?
A He had a gash on his head.
Q But he was hurt?
A He was hurt.
Q Did you go to the hospital with him?
A No, I didn’t, sent one of my officers with him.
Q You sent one of your officers with him?
A Yes, sir.



117

Q Do you know which one?
A I do.
(61) Q Which one? What's his name?
A Hightower.
Q Who?
A Officer Hightower.
Q Do you know to which hospital he was taken?
A No. I used the radio to call my radio dispatcher and
asked him to dispatch an ambulance to the scene. I don't speci­
fy any hospital. My duty, so to speak, ceases when I load the 
subject and turn him over to the care of the ambulance attend­
ant. On this specific occasion he was alone and I sent and of­
ficer with him.
Q What did you charge Max Rice with doing? Did you charge him 
with loitering?
A No, I didn't.
Q Now, you made a statement later on that night to the press 
about Max Rice, didn't you?

Not that I recall. I possibly did. What have you got in
mind?
Q I am asking you if you made a statement?
A It is possible.

You don't recall whether you made a statement or not?
A It is possible that I did.
0 T\ •Did you ever visit the hospital where Max Rice (62) was taken?



118

A I did.
Q When did you go to the hospital?
A The following morning.
Q Pardon me?
A On the following morning.
Q To which hospital did you go?
A The County Hospital, Laurens County Memorial Hospital.
Q What did you do?
A I asked the doctor the extent of his injuries and so forth, 
Q Did you talk to Max Rice?
A No, I didn’t.
Q Did you attempt to talk to him?
A No, I didn't.
Q Did you consider it important to talk to him?
A Not at that time.
Q Have you talked to him about this incident since then?
A Not that I recall.
Q Now, you didn't, yourself, arrest Preston Horton, did you? 
A I did.
(63) Q You did?
A I did.
Q And you charged him with disorderly conduct, didn't you?
A That's right.
Q You didn't charge him with anything else?
A That's right, disorderly conduct, fighting and disorderly
conduct.



119

Q Did you arrest him on a warrant?
A No, I didn't.
Q You arrested --
A At the cite of the violation.
Q When did you arrest him?
A Immediately.
Q Immediately when?
A August 25th. I believe it was August 25th - July 25th.
Q July 25th?
A Yes, July 25th.
Q This was after the beating, is that right?
A Just as soon as I pulled him off Rice.
Q And it is your testimony that you pulled him off?
A It is.
Q And it is your testimony that you charged Horton with dis­
orderly conduct?
A It is.
(64) Q TAjhat was the disposition of that case?
A A bond forfeiture.
Q ^ust a bond forefeiture?
A Yes, sir.
Q You have not applied for a warrant for his arrest since then,
have you?
A No, I have not.
 ̂ You didn't think it was important, did you?



120

A As far as I am concerned, the city's case is settled when 
you forfeit a cash bond.
Q How much was that bond?
A $22.00.
Q How many stitches were taken in Rice’s head?
A I don’t know.
Q You talked to the doctor, didn’t you?
A Yes.
Q Did you find out?
A The Doctor said that he had minor lacerations of the head,
Q And that was all you bothered to do?
A No, not exactly.
Q But you never talked to Rice?
A No, I didn’t talk to Rice.
Q Now, Preston Horton is white, isn’t he?
A He is.
(65) Q And so is Max Rice?
A He is.
Q Now, you know Max Rice to be connected with the Civil Rights 
Movement, is that right?
A As far as I know, that's his business in Dublin.
Q Pardon me?
A As far as I know, that's his purpose of being in Dublin.
Q You don t know what the Civil Rights Movement is do you?
A I don't know if I do or not.



121

Q Pardon me.
A What Civil Rights Movement? What Civil Rights Movement do 
you have in mind?
Q Well, the one that you think is taking place in Dublin?
A Well, he was wearing a button on his shirt with the ini­
tials "SCOPE", I believe, or Scope, or something like that I 
think they call it.
Q And, when you see that button, you associate that with 
Civil Rights?
A Not necessarily,
Q Chief Josey, what is your understanding of a hit and run 
violation?
(66) A What do I understand of a hit and run violation?
Q Yes?
A Are you speaking of a traffic offense?
Q That's right?
A That's when one vehicle strikes another and leaves the scene 
°f the accident.
Q What are the motorists suppose to do at the time of colli­
sion? What are they suppose to do, if anything?
A He is suppose to notify a police officer or some authority 
to investigate the accident.
Q Can he leave his telephone number and his address and li~ 
Cense at the scene and go on?
A It wouldn't be acceptable to me. I suppose he could, if he



122

wanted to be charged with leaving the scene of an accident.
Q Now, for an accident case, say, for example, a traffic 
hit and run case, what is the usual bond?
A Are you speaking of a security bond or a cash bond?
Q Say a security bond?
A A bond is anything that the Chief of Police deems necessary 
up to $300.00.
Q Three Hundred Dollars is the maximum?
A In the REcorder's Court it is.
Q Suppose it is a cash bond?
A It would be the same. Anything that the Chief (67) of Po­
lice thinks proper.
Q Now, how soon after one has been arrested - strike that, 
please. Is anyone authorized to set bond besides you?
A The Shift Sergeant.
Q Who is the Shift Sergeant, say, about 7:00 o’clock in the 
evening?
A Depends on which evening.
Q Lets say Wednesday or Thursday?
A Wednesday or Thursday?
Q What about Tuesday?
A Sergeant Hart. In the afternoon?
Q That's right, say around about 7:00 o'clock?
A Sergeant Harden.
Q That was true for August?



123

A Unless he was off for some reason.
Q Well, whoever was Shift Sergeant at that time would have 
had the authority to set bond, would he not?
A That's the usual procedure.
Q What are the circumstances where this procedure is varied?
A If it is flagrant offense, if it is more than a monor vio-
lation the Chief of Police will set the bond.
Q And do you endeavor to set the bond promptly?
A I do.
(68) Q Could the Shift Sergeant call you on the 'phone and 
get a bond set?
A I am usually available.
Q He could call you on the 'phone or the radio and get a bond? 
A I am usually available, yes.
Q Chief Josey, I want to ask you about, say, an illegal park­
ing violation. How does that work? State for example Reuben 
Gamble here got a ticket for illegal parking, could he come down 
and pay# the thing off?
A He could post a bond, yes.
Q And how much would the bond be?

If it was a traffic violation, the minimum bond on the Re­
corder's Court citation is $12.00.

You post a bond, and if you don't come back to court that 
takes care of it?
A TkThe bond is forfeited, not necessarily takes care of it.



124

Q What are the circumstances where it doesn't take care of 
the offense?
A When the bond is forfeited?
Q Yes, sir?
A I am sure you are familiar with court procedures.

Yes, sir, but if the bond is forfeited, what happens then? 
(69) A The bond is forfeited if the defend® t is not in court, 
Q All right, and then that takes care of the traffic offense, 
and that is what the law provides, isn't it?
A Yes, sir.
Q You put up a cash bond in traffic cases?

Yes.
Is that right?
That's right.
It is not necessary for the defendant to come back to court 

and appear unless he wants to, is that right?
A It is not necessary, no. He can forfeit a cash bond, if 
that satisfies the Judge.
Q Suppose you run through a red light, something like that? 

You want to know what the bond would be?
Yes?
The minmmum bond is $12.00.
When would the bond be more that $12.00?
Depends on the offense.
Well, say, running through a red light?

A
Q
A
Q

A
Q
A
Q
A
Q



125

A Well, probably it would be $12.00.
Q You come down and post bond and go on about your business, 
is that right?
A If the officer doesn't bring you down and makes (70) cita­
tion, when he writes up the citation, rather.
Q Even after the officer arrest you, you can put up a cash 
bond in the police station, can't you?
A You can.
Q You don't want people in jail on traffic offenses, do you? 
A I don't particular want any one in jail.
Q Particularly on a traffic offense?
A On any offense.
Q You always endeavor to set bond as speedily as you can, is 
that right?
A I do.

Q Now, do you recall Wednesday, August 11th?
A I do,

Q Do you recall going out Glenwood Avenue?
A I do.

And do you recall seeing some people out there picketing?
 ̂ I do.

How many police officers did you have out there?
 ̂ About five. When are you speaking of.
Q lets say about 8:30?

About 8:30, there was between 8 and 10.



126

Q Pardon me?
(71) A There were between 8 and 10 at 8:30.
Q Between 8 and 10 officers about 8:30?
A Right. Between 8:30 and 9:00.
Q Now, who was in charge before you arrived?
A Sergeant Harden. Oh, are you speaking of the time when I
arrived, how many were there?
Q That's right?
A When I arrived there were four there.
Q Did you talk to Sergeant Harden when you arrived there?
A I did.

Q How long a conversation did you have with him?
A Five or ten minutes.
Q Where did the conversation take place?
A At the corner of Warbash and Glenwood.
Q Now, let me ask you this: The Todd Filling Station, or Ser*
vice Station, that is in the Negro community, is it not?
A It is predominantly Negro.
Q Most all of the people out there are Negroes, is that right!
A Most of them, yes.
Q As a matter of fact, Mrs. Todd's Service Station is the only
white business in about three blocks, is that right?
A No.
(72) Q Pardon?
A No, that's not right.



127

Q Well, there is Walker's Service Station up at the other cor­
ner on Glenwood, right?
A Yes, there is Walker's Service Station up there.
Q And then down the street from Walker's Service Station is
the Glenwood Soda Shop, is that right?
A Yes.
Q And down further from that is the Thomas Recreation Center?
A Right.
Q They are all operated by Negroes, aren’t they?
A How far is it from Walker's Servfce Station to Todd's Service 
Station?
Q I don't know. I will have to ask you that. Do you know?
A It is less than three blocks.
Q Less than three blocks?
A Yes.
Q When was the last time you checked it out?
A I don't remember the last time specifically, but I believe 
it is two blocks.

Q There is no white businesses between Walker's Service Sta­
tion and the Glenwood Soda Shop, is there?
A None that I know of, no.

(̂ 3) Q And when you cross over on the Glenwood Street on the 
side where Mrs. Todd is, the west side of the street, the next 
fching there is the V. F.  W., is that right?
A V. F. w.?



128

Q Yes?
A There is no V . F. W. in that neighborhood that I know of.
Q That place is closed now, isn't it?
A What place are you talking about?
Q Where the V. F. W, was?
A There is no V. F. W, there that I know of. There is no
such business as that on Glenwood along there.
Q Now, I believe you said that is a predominate Negro communi­
ty along there?
A Yes. It is predominately Negro.
Q And the Glenwood Avenue we are speaking about in Dublin is 
actually a part of U. S. 19, isn't it?
A It is.
Q And U. S. 19 starts about three blocks down the street?
A I believe it is Georgia 19.
Q All right, you say it is Georgia 19?
A Yes.
Q Now, on this occasion you caused about 50 people to be ar­
rested, is that right?
(74) A I did.
Q How many people did you arrest on the street?
A You mean on this particular occasion?
Q That's right.
^ I believe we counted about 52.
Q Now, you arrested about 30 people down the street n ext  to th®



129

Thomas Recreation Center, didn't you, in the garage?
A I arrested some down the street near the Thomas Recreation 
Center, near the Scope Headquarters.
Q That is where Scope is, isn't it?
A Yes.
Q What?
A They said it was Scope Headquarters in the rear.
Q You know that, don't you. You kept it under surveillance, 
didn’t you?
A Not necessarily.
Q Didn't you go down there and make an investigation?
A I haven't.
Q Have you casued an investigation to be made?
A Not so far as I know.
Q You are concerned abaout what goes on in Dublin?
A What?
Q Isay,areyou concerned about what goes on in the City of Dub­
lin?
A I am.
(75) Don't you think it is important to investigate the Civil 
Rights Headquarters?

A I haven't had the occasion to arrive.
Have you had occasion to cause it to be investigated?

A No, x haven't.

So, the night that you went in there on.August 7th was -- I



130

beg your pardon, the night that you went in there on August 11th, 
was the first time you had gone into the Scope Headquarters?
A It is.
Q You told everybody in there to get out, didn’t you?
A I gave orders for everybody in that immediate vicinity to
clear out and go to their homes to clear that immediate area.
Q I am asking you about the people who were in the office on 
the inside?
A There were people milling around under a shelder there near 
the street and the side walk and around the building in general.
Q What about the ones inside?
A There was some inside.
Q And you told the people inside to get out, didn't you?
A To go home, to go to their homes and clear that immediate 
area.
(76) Q That you would count to three?
A No, I don't think I counted to three.
Q You didn't?
A I gave them ample time if that is what you are referring to,
Q But you did not count to three?
A No.
Q When everybody got out, as soon as you told them, "get out > 
you put them under an arrest, didn't you?
A After they had had ample time to clear that area, I did.
Q After they had ample time to clear it?



131

A That's right.
Q You then put them under an arrest?
A I did.
Q That was just a second or two after you said "get out?"
A Well, now, it was more than a second.
Q Well, you promised to count to three, didn't you?
A No, sir.
Q You didn't warn them that you were going to count to three 
and if they were not out you were going to put them in jail?
A I made no such statement.
(77) Q Did you make a statement similar to that?
A I advised them if they didn't clear that immediate area and
go to their homes they would be arrested.

Now, you had no search warrant to go into Scope Headquarters, 
did you?
 ̂ No, I had no search warrant.

You had no arrest warrant to go into Scope Headquarters, 
did you?
A No.
Q You had no warrant of any kind, did you?
A No.

You arrested everybody in Scope Headquarters, didnt you?
So far as I know, we did.

Q Do you remember taking the white girl, Linda DeNotie, and 
Puiling her out by her arm?



132

A I remember taking her on the outside, yes, and placed her 
in a patrol car.
Q You personally arrested her, didn't you?
A Yes, I did.
Q Now, did you see the Negro girl that was in the office talk­
ing over the telephone?
A I don’t recall.
Q But you do know there was somebody making a long distance 
call when you went into the office?
(78) A No, I don't.
Q You didn't bother to see, is that right?
A No. No one was making a long distance 'phone call.
Q Now, you charges these people there in the office with
blocking the streets, is that right?
A Failing to obey a police officer.
Q And blocking the street, wasn't it?
A Blocking the street and side walks.
Q And these people were on the inside?
A Some inside, and there was some milling around on the out­
side .
Q Now, these people were taken to the county jail, is that 
right?
A That's right.
Q Were they taken down there under your direction?
A They were.



133

Q How long were they kept in jail?
A I don’t know exactly.
Q Do you know when they were released?
A I know when some of them were released.
Q That was on Friday, is that right?
A Some of them were released on Friday, yes.
Q Pardon?
A I said some of them were released on Friday and some were 
released prior to that.
(79) Q These were the two people that got out on a $200.00 
bond?
A I believe they were arraigned before the Superior Court
Judge and a bond was set, or a hearing waived, or something of 
that kind.
Q You do know that bond was set at $200.00 for each of the 
Persons that you arrested on August 11th, 1965?
A I believe so.

And that was a bond with security, is that correct?
A That's right.

Now, when you went out to Glenwood Avenue on August 11th
y°u knew that these people were out there picketing Mrs. Todd's 
store, didn’t you?

I knew they had been picketing, yes, sir
Q » .

n you knew that they were complaining about her practice 
at the gasoline station?



134

A Yes, I had heard that. I didn't know why they were picket- 
ing.
Q But you knew that they were picketing because they had griev­
ances with Mrs. Todd, didn't you?
A Well, one of them made the statement that they were going 
to close it down, close the station down.
Q You didn't hear that statement directly, did you, Chief?
A I did.
(80) Q When did you hear that statement?
A That was on Tuesday, I believe.
Q This was the day before?
A On a Wednesday morniqg.
Q Had you been out there in the morning?
A I ha d.
Q And people were out there picketing that morning, is that 
right?
A They were.
Q And this is the time that you set up the barricades, isn't 
it?
A They were completely blocking the entrances to the service 

station.
Q I am asking you a question now. I am not asking you about 
what they were blocking. I asked you if you set up barricades?
A Yes. I set up barricades to keep them from being run over 
by people frying to get in and out of the business there.



135

Q Chief, who set the bond at $200,00?
A Judge hard, I believe,
Q Was that at your direction?
A I don't usually direct the Superior Court judges.
Q Did you suggest that the bond be set in that amount?
A No, sir.
(81) Well, who convened the commitment hearing?
A Judge Ward convened the commitment hearing.
Q Was that at your suggestion?
A I believe it was.
Q It was at your suggestion?
A Yes, I believe it was.
Q Now, you went out there that morning, on August 11th, and 
you saw these people out there picketing, didn't you?
A I did.
Q You saw the signs they were carrying, did you not?
A I did.
Q What did the sign say?
A One of them said: "We've got God. You've got Josey', is one
that I remember.
Q You didn't like that, did you?
A It didn't bother me particularly.
Q It bothered you some, didn't it?
 ̂ Not particularly.
Q You mean a sign like that don't disturb you?
 ̂ Not particularly.
Q That kind of a sign didn’t bother you?



136

A I didn't lose any sleep over it, if that is what you mean.
Q Well, you had not had a chance to before that night?
(82) A Well, I haven't so far.
Q Do you recall any of the other times?
A Yes, sir, there were several carrying signs.
Q But you don't know what those signs said, do you?
A Well, there were different groups. At times there were 50 
pickets in front of this place. They were carrying all kinds of 
signs. They were completely blocking the entrance and exits to 
this service station.
Q Were you there throughout Wednesday morning?
A No, I wasn't.
Q You were back at the police station?
A I was attending to the affairs of the Police Department.
Q You took care of the business at the police department?
A I did.
Q Now, I show you Plaintiff's Exhibit P-2, and ask you if you 
recognize that?
A That is the Glenwood road showing the gas pumps at the Todd 
Service Station, I believe.
Q Right. Does it show the street and drive way in front of 
Todd Service Station?
A It does.
(83) Q What is the distance from the intersection of Glenwood 
and Warbash to the end of the property line where Todd's Service



137

Station i s  l o c a t e d ?

A Approximately 60 feet, I would say.
Q You went out there and measured that off the other day, 
didn't you?
A No, sir.
Q Did you have it measured off?
A I have had it measured.
Q And that was since August 11th, right?
A Yes.
Q Now, there are two drive ways entering the Todd Station on 
Glenwood Avenue, isn’t that correct?
A There are.
Q And there is another drive way or possibly two drive ways 
entering Todd's Station from Warbash, is that correct?
A Yes, you can enter it from Warbash.
Q So there are three entrances and three exits to the Service
Station and pumps, is that right?
4 Yes, there are.

Now, you set up the barricades on the Glenwood side of the 
station, is that right?
A That's right.

And you barricade the drive way nearest Warbash, is that 
correct?
(84) A I did.

Which is near the Sinclair sign there?



138

A I barricaded the side the pickets were on.
Q All right, the pickets were walking up and down the street, 
is that correct?
A On fie side walk, yes.
Q And they were walking one behind the other, and would walk 
a distance of 60 feet, like I started to do then, and go down 
the end of the drive way and turn around and come back up to 
Warbash?
A Right.
Q On right behind the other, didn't they?
A That's right.
THE COURT:

How many pickets were there?
THE WITNESS:

It varied, Judge, from 20 on up to 50 or 60 sometimes.
THE COURT:

And that was right in front of Todd's Service Station?
THE WITNESS:

Right in front of the service station.
THE COURT:

And how long or how wide was Todd’s Service Station?
THE WITNESS:

It is about sixty feet frontage.
THE COURT:

And you say sometimes the maximum number of pickets was what



139

THE WITNESS:

Between 40 and 60, I would say, at least 50, Judge.
Q Now, they never picketed on the Warbash side of the station, 
did they?
A Not that I know of.
Q Right. Now, these picekts, were there 20 or 50 on August 
11th of August?
A Now, I would like to make it clear. This Warbash would be 
a secondary entrance, a secondary street.
Q All right. But on the Warbash side there were no picketing? 
A None that I saw.
Q You didn't put up in barricades on the Warbash side, did 
you?
A No.

Q And you didn't put up any barricades at the second drive way 
leading into Todd’s Service Station on the Glenwood side, did 
you? You only put the barricades up in one area, is that right?
A I put the barricades up where the pickets were.
Q So that the pickets could walk in that area, is that right?

So that the traffic trying to go in and out could do so. I 
had reports where they tried to be run over. They rufused to get 
Out of the drive way and the people didn't stop.
(86) Q That is what you heard?
A That's right.
 ̂ You didn't hear that from the pickets, did you?



140

A That was the complaints.
Q And then you blockaded the drive way?
A I called the city warehouse and had them send some barri­
cades up there.
Q Now, describe these barricades that you had, sir?
A They are two by fours, painted yellow and painted black and
whit e.
Q How high and how wide were they?
A They are approximately three and a half feet high.
Q And how wide were they?
A How wide?
Q Yes? How long were they?
A They are two by four wide.
Q All right, what about the~length from one leg to the other 
leg, between legs?
A There various sizes.
Q What were the sizes that you used?
A I don't recall. I didn't measure them.
Q  But they were adequate $to block off that drive way, w e r e n 't  
they?
A They were.
(87) Q Your answer is yes, is that right?
A Yes, they were.
Q All right, you blocked off this drive way so that the pickets 
would have a continuous area in which to march, one behind the



141

other, and turn around up at the second drive way and come back 
to Warbash, is that right?
A That wasn't necessarily my purpose. 1 know for a fact that 
they had intimidated people who had stopped at the service tank 
and almost caused trouble while I was standing there in person.
Q And you would not let any trouble break out while you were 
there, would you?
A Not if I could help it.
Q That's right?
A They were threatening this subject who was buying gas there 
and trouble almost errupted.
Q Now, this is what Mrs. Todd told you?
A This is what I heard with my own ears and what I saw myself
The subject was driving a 1964 yellow Chevrolet.
Q All right, whate else do you remember about it?
A I believe it was a 1965 yellow Chevrolet. I remember he 
was a white male with blond crew cut hair.
Q Do you remember anything else about him?
A I remember one or two of the pickets threatening him for 
buying gas.
(88) Q YOu don't know who these pickets were, do you?
A No, I couldn't tell you that.
Q You didn't bring any charges against anybody who was picket 
iug for an assault, did you?
A No.



142

Q You didnlt bring any charges against any pickets for battery, 
did you?
A No.
Q The only charge you ever brought against any picket in that
line was for obstructing £h#e sid© :wa Ik?
A That's right.
Q Now, you built this barricade and once you built the barri­
cade they could have access to Mrs, Todd's pump at the first 
drive way and at the Warbash drive way, is that right?
A Who do you mean "they"?
Q The pickets. Strike that. The motorists coming into the 
station?
A They would have to come in on the Warbash side and go down 
to the very far end and turn and come back up to the pumps on 
the Glenwood side.
Q They could drive right into the pumps from the Glenwood side 
couldn't they? They could drive right up to the pumps on the 
Glenwood side from Warbash, couldn't they?
A On the far side.
Q That;s right. They pump from both sides of the (89) gas 
pump, don't they?
A As far as I know.
Q Yes. Now, the pikcets were always on the side walk. You 
didn't arrest anybody for trespassing on Mrs. Todd's property, 
did you?



143

A No, I didn't.
Q Now, I believe you w ent  b a c k  o u t  t h e r e  t h e  f o l l o w i n g  day ,  

is that right?
A What?
Q You went back out there on the f o l l o w i n g  d a y ,  w h ic h  was on 

the 12th, on Thursday?
A It is possible.
Q You did?
A I am sure I did.
Q What time did you go out there?
A Various times during the day, probably,
Q How many times did you go out there during the day?
A I don't know.
Q Did you see any pickets out there?
A Yes, sir, there were some pickets out there.
Q At this time you had about 50 p e o p l e  in jail, didn't you?
A There were some in jail, yes.
Q Would 50 be an accurate number?
A I believe it would be accurate because two made (90) bond, 
probably two of the leaders.
Q How many pickets vldid you s e e  out there on the 12th, during 
the day?
A I informed these people that they were having an excessive 
amount of pickets there, that six pickets should be adequate to 
Picket that filling station, that they had a right to picket, if



144

they had a grievance with that service station, but they didn't 
have a right to block the entrances, the ingress or egress, or 
anyone going in or out of that station or to intimidate anyone 
stopping there to trade and that they should limit their pickets 
to six.
Q How did you arrive at six pickets?
A In the space there for them to picket, six would be adequate; 
in my opinion, and that every one and anyone travelling that 
t oad could see them and six should not be in danger of being 
run over by cars entering or leaving that service station.
Q You don’t have any ordinance in the city of Dublin regulat­
ing the pickets, do you?
A No, sir.
Q Chief Josey, I show you Plaintiff’s Exhibit "P-3" and I ask 
you if you are able to recognize the scene there?
A That is Todd's Service Station. That is the Glenwood Road. 
Q Do you recognize that police car?
(91) A That is a police car that belongs to the City of Dublin' 
Q Do you see any persons there picketing?
A I do.
Q Can you determine the number of persons there picketing?
A I believe it's five. I believe I see five there.
Q You don't see more than five?
A Not that I can determine, no. When was this picture taken?
Q It says "July 12th", don it, on the back?



145

A It doesn't say anything on the back,
Q That police car is blocking the drive way, isn't it?
A Partially.
Q And the service station is filled with automobiles, isn't 
it?
A Apparently so.
Q People going in there, pumping gas and driving out, aren;t 
they?
A Well, there are cars in there. I couldn't say they were 
driving in and out. They are in there in this picture.
Q In that picture you see business going on as usual, don't 
you?
A I don't see anyone at the gas pumps, if you mean (92) they 
are pumping gas, I don;t see anyone handling the pumps there.
Q You see cars in there, don't you?
A I see cars in this parking area there on the premises.
Q Now, did you, yourself, arrest anybody on the 12th?
A I could possibly have.
Q Pardon?
A I possibly could have, yes.

Do you know the names of the persons arrested? Do you know 
the name of the persons who arrested the people on the 12th?

Which people do you have in mind?
 ̂ The pickets?
A Yes, I do.



146

Q Who was that person or persons?
A Lt. DeLoach arrested some.
Q Is he associated with your departments or is he with another 
agency?
A He is with my department.
Q He is an officer with your department?
A He is.
Q Do you know whether or not he was in plain clothes or in 
uniform on the 12th?
(93) A He was in plain clothes. He is a plain clothes inves­
tigator, probably he and Sergeant Daniels and Sergeant Harden.
Q And these people too were held in jail until that Friday, 
is that right?
A Probably until they made bond.
Q And the bond was $200.00?
A That11 right.
THE 00URT:

Who do you mean by "these people"?
MR. MOORE:

Pickets.
Q The people who were arrested for obstructing the street whî  
picketing were held in jail until that Friday on the 13th on 
$200.00 bond, isn't that right?
A That’s right. A $200.00 security bond or property bond.
Q Chief Josey, I think it is your testimony that you didn't



147

arrest anyone on the 12th, did you?
A No, it wasn't.
Q What?
A No, it wasn’t my testimony that I didn't arrest anyone on 
the 12th.
Q You didn't arrest anyone on the 12th?
A I don't recall. Who do you have in mind?
Q Well, did you arrest anyone who was picketing? on the 12?
A No, I didn't.
(94) THE COURT:

Anything else?
MR. MOORE:

Yes, sir.
THE CO URT:

I thought you had finished.
Did you file a petition in the Superior Court on the 12th 

°f August?
Did I file a petition in the Superior Court?

A Yes, sir?
Not to my knowledge. What do you have in mind?
Did you go before Judge Ward on the 12th of August and get 

an order?
A I did.

Chief Josey, I will ask you if this is a copy of the order 
hat you got from Judge Ward on August 12th, marked "Exhibit D"

L 1 j



to the plaintiffs' petition?
MR. HAYES;

Your Honor, for the purpose of saving time we will that that 
order was signed and so forth, as attached to the petition.
THE WITNESS:

It is.
THE COURT:

All right.
Q  All right. Did you file a written petition in the Superior 
Court?
A I did not.
Q You procured this order on the basis of your oral represent­

ation, is that right?
(95) A I did.
0 Chief Josey, did you receive a telegram advising you that 
a petition was being filed enjoining you in this case?
A I did.
Q Did you receive that telegram on Monday, August 16th?
A I did. I believe it was on Monday, August 16th.
MR. MOORE:

No further questions, z
(96) MR, MOORE:

Now, Your Honor, we at this time offer the affidavits on 
the motion for a preliminary injunction.

148



149

THE COURT:
Well, is that permissible, affidavits?

MR.! MOORE:
Yes, sir, on a motion for a preliminary injunction.

THE COURT:
We are trying the preliminary and permanent injunction, 

that's right. All right.
MR. HAYES:

Your Honor, for the purpose of the record we object to 
these affidavits on the basis that they are given by individuals 
that I presume are not in court and not subject to cross examina­
tion. We had no notice that these affidavits would be submitted, 
therefore, we had no chance to cross examine these people.
THE COURT:

Ordinarily that would be true, but these are affidavits 
which are submitted when he came before me the first time, I 
presume, in support --- 
MR. HAYES:

(Interposing) No, sir.
THE COURT :

I presume in support of a temporary restraining order which 
I would not grant and which I continued until today.
MR. HAYES:

No, sir. These are additional affidavits. When he brought



150

his original petition he had two affidavits, one by Reuben Gam­
b l e  and one by a Bernice Turner.
THE COURT;

Well, are they now in court?
MR. MOORE:

They are available for cross examination.
THE COURT;

How is that?
(97) MR, MOORE;

They are available for cross examination, Your Honor.
THE COURT:

They are available for cross examination?
MR. MOORE;

Yes, sir.
THE COURT:

All right, that will take care of that. All right, now, 
you may proceed.
MR. MOORE;

Your Honor, pardon me. We offer plaintiffs' exhibits "P-2 
and P-3” along with the verified petition in this case.
THE COURT;

All right, any objections to those affidavits? i mean those 
pictures ?
MR, HAYES;

No, sir, we have no objections.



151

THE COURT:
All right, they are admitted without objection.

MR. HAYES
I do have further objections to this affidavit, Your Honor. 

THE COURT:
Well, they will be subject to cross examination. The attor­

ney says that they are here and they will be subject to cross ex­
amination.
MR. HAYES:

Well, I feel, if they are here, rather than' use these affi­
davits he should put them on the stand and let them testify rath­
er than have the affidavits.
THE COURT:

Well, you can put them up.
MR* HAYES:

Allright, sir.
(99) HAROLD E. WARD.

SWORN FOR THE DEFENDANTS, TESTIFIED.
ON DIRECT EXAMINATION 

SQR* HAYF.fi*
Will you state your name?

A Harold E. Ward.
What is your profession?
Judge of thfeeSuperior Court, Dublin Judicial Circuit.
How long have you been so elected?



152

A Since December 28th, 1960
Q When you say- the Dublin Judicial Circuit, what does that con
sist of?
A That includes Laurens, Truetlin, Twiggs and Johnson Counties
Q Did you hold any elective office $prior to that time?
A I was Solicitor General of the Dublin Judicial Circuit for 
four years,
Q For how long?
A From January 1st, 1957 to December 28th, 1960.
Q And, what did you do previous to that time?
A From 1953 through 1956 I served as Laurens County Attorney.
Q Talk just a little louder, Judge.
A From 1953 through 1956 I served as Laurens County Attorney.
From 1951 until 1953 I served as Attorney for the town (100) of
East Dublin. I began the practice of law in Dublin in 1950.
Q Are you admitted to practice law in the United States Dis­
trict Court for the Southern District of Georgia?
A I am/ yes
Q On the 11th day of August, 1965, at approximately 6;00 P.M.,
on that date, where were you?
A That was one of the days that there had been some picketing 
around Todd's Service Station, and I had a keen interest in the 
situation throughout Dublin, and so I rode out past Todd’s Ser­
vice Station and observed as to what may or may not be going on.



153

Q Now, when you say Todd's Service Station, that’s Todd Ser­
vice Station located where?
A It is located on the ast margin of Glenwood Avenue and also 
known as the Southside Service Station.
Q Judge Ward, do you recognize those pictures?
A Yes, I recognize Plaintiff's Exhibit No. 2 as being taken 
from the east margin of Glenwood Avenue at the intersection of 
Warbash, showing the Sinclair sigdn of Todd's Service Station.
And Plaintiff's Exhibit No, 1, as showing the entrance to Todd's 
Service Station, with a police car, whicheapparently is a City 
of Dublin Police car.
MR. MOORE:

Excuse me. I think you made an error there.
THE WITNESS:

Plaintiff's Exhibit No. 3.
MR. MOORE:

That's right.
(iOl) THE WITNESS:

Exhibit No. 3, showing apparently a Dublin City Police car 
the entrace of Todd's Service Station and certain unidenti­

fiable persons marching on the side walk, or walking on the side 
walk.

Now, I believe you said you were in that area on August 11th,
1965?
A ^es> sir.



154

Q And what time did you say?
A It would have been very briefly after six o'clock, within
ten or fifteen minutes.
Q You mean 6:00 P.M.?
A Yes, 6:00 P.M.
Q Why did you go there?
A As I stated, I was interested in this situation that exist­
ed in Dublin and had tried to keep in close contact with what 
was going on as humanly possble, and therefore I rode out there 
to determine what was going on at that time, if anything.
Q Will you reveal to this Court what you observed there at 
that time on that date?
A Well, in a northwestly direction from Todd's Service Sta­
tion is located what is known as The Glenwood Soda Shop, and I 
believe in the back of the Glenwoood Soda Shop is a beer parlor, 
and there were a number of persons congregated in that area. 
There were some five or six policemen and, if I am (102) not mis­
taken, some of them were regular city policemen and some of 
them were auxiliary policemen. I believe the city has about 25 
auxiliary policemen. On further up, on the right-hand, or the 
west margin of Glenwood there was a considerable gathering of 
on-lockers. Inside of the side walk of Todd's Service Station 
there were several cars with a number of young white boys. I 
dont recall seeing any young girls, and I would estimate at 
that time about 35 persons picketing and some of them carrying



155

signs and some of them not carrying signs. I don't recall what 
was said on all of those signs. I think one sign did say: "Our
face maybe black but our money is green."
THE COURT:

What was that?
THE WITNESS:

"Our face maybe black but our money is green."
Q You say there were how many pickets at that time?
A I would estimate it in the vicinity of 35.
Q Where were they located?
A They were located on the side jwalk in front of Todd's Ser­
vice Station and marching up and down throughout the area of the 
Sinclair property.
Q Is that service station located on a highway?
A l t is located on State Highway No. 19, and I believe the 
U‘ S> Highway designation is 319.
Q Is that a heavily travelled highway?
(103) A It is a north - south highway and is extremely heav­
ily travelled.

Now, the pickets were located where, in relation to that 
highway?

They were located on the East margin, on the side walk, on 
the east margin.

Nhat else did you see other than that?
A Well a t> s l stated, I saw the pickets with the warious signs



156

walking up and down the side walk in front of the building. I 
saw crowds congregated across the street in three or four loca­
tions. I saw a number of white boys congregated inside of the 
perimeter of Todd Service Station, and people were freely walking 
to and from across the street in rather large numbers. I would 
estimate at that time the ;tota 1 number of persons in that area, 
which would be less than one half of a block, would have been 
a minimum of 200.
Q What color were these people?
A There was one girl who was known to me as Linda DeNotie, or 
DeNoter, and she is white. I don't recall and I don't believe 
he was there, I don't believe Max Carl Rice was there at that 
time. I don't think he was there during a period of two or 
three days. There was a three or four day interval that he was 
not in Dublin. The jremainder of the pickets were all Negroes. 
(104) Q Can you describe more specifically to this court what 
you mean by there were crowds across the street in three or four 
locations?
A Well, you would see a cluster of people there. You c o u l d n ' t  

fell whether they were curiosity seekers, or what they might have 
been, and everybody had their eyes focused on the pickets.
MR. MOORE:

I object to that, Your Honor, as being a conclusion as to 
where their eyes were focused.
THE WITNESS;

I will say from my observation I concluded, well, that would



157

be a conclusion, but from my observation apparently most people 
were looking at the pickets, and the vehicular traffic would 
slow down and quite a number of people would turn and cast their 
eyes toward the pickets.
MR. HAYES:

Is that all right?
THE COURT:

I think that makes it admissible. I mean by the supple* 
mented statement that you made perhaps covers it and make it ad­
missible.
MR. HAYES:

I didn't mean to go on and -- 
the COURT:

(Interposing) That's all right.
In these crowds, in these various locations, were they 

colored people or white people?
Primarily colored, but there were a number of whites too, 

most of the whites, like I said, in the perimeter of Todd's 
®rvice Station and I would say there were probably 10 or̂  12
( 05) in there and there were a few whites across the street in
£

nt of some residences which are immediately south of the Glen- 
wo°d Soda Shop.

N°w, this place that you have described there as a beer 
Joint T* mean a P^ce to dispense beer, where is that located 
WUh reference to Todd's Service Station?



158

A That is owned by Mr. Cecil Claxton of Wrightsville,' 
Georgia, who is a white roan and it is immediately in the rear 
of the Glenwood Soda Shop.
Q In the rear of what?
A Glenwood Soda Shop.
Q And where is Glenwood Soda Shop located with reference to
this filling station, Todd Service Station?
A It would be north, or rather just, diagonally across the
street.
Q And you say you know of your own knowledge that the Glen­
wood Soda Shop is owned by Cecil Claxton, who is a white man?
A Yes, because he has contacted me.
Q  And that is directly across the street from Todd's Service
Station?
A Diagnoally across the street.
Q Now, were these people that you observed obstructing the 
side walk?
A At the time I observed them, but I did not, and I want to 
make this clear here, there were some cases made later (106) 
that night that some maybe certioraried to the superior court and 
by permission of the court I had rather not answer any question 
in regard to what might have occurred that night, in fact, I 
don t know what occurred that night because I wasn't present, 
but I don't want to put myself in a position of disqualifying ny 
self in the trial of any certiorates that might come before me



159

in the future.
THE COURT:

All right.
Q Judge Ward, I appreciate that, but maybe you didn’t 
understand my question?
A I think I understood it, but I wanted a clarification.
Q All right, sir.
A At the time I observed it, which was sometime shortly 
after 6:00 o'clock, I would say that the number of pickets 
that were there that you or myself or any other person in 
the court room would have had an extremely difficult time 
in —
MR. MOORE:

(Interposing) I object to that, Your Honor. I think 
that is a conclusion. 
the COURT:

I don't know. He is stating a fact. He has not 
finished with his testimony. Lets let him get through testi­
fying, but what I think he is covering now are the facts 
fading up to it, as to what he is going to testify to.
the witness :

^ell> I will describe it this way: As the (107)



160

pickets would march south they would get to the end of
the property, and then they would turn around, and at 
that time there were points in there where there was a 
double line, not a single line, from the point of turn 
around, all the others hadn't reached the end of the line 
at that time, therefore, from my observation of it, had I 
gotten out of the automobile to be a pedestrian on that
particular portion of the side walk it would have been ex­
tremely difficult to pass.

Q I will ask you whether or not - I will ask you where
those pickets were located that you observed with reference 
to the drive way of the filling station, the ingress and 
egress at the filling station?

A Well, I so out there quite a lot because my maid lives 
down Gray street, which is adjacent also to the Todd Service 
Station, and they covered the area from the intersection 
of Warbash to the end of the Sinclair property. They did 
not cover any of the area on Warbash.

Q Would that area that you have just described include 
the entrance and the exit to this filling station?



161

A Those on the Glenwood Highway, yes, sir.
Q Now, Judge Ward, what did you then do?

A After that?
Q Yes, sir?
A As I recall, I went home.
Q You went home?

(108) A Yes, sir.

Q Did you go back through that location at anytime dur­
ing the remainder of that day?
A No, sir.

Do you recall on the morning of the 13th of August,
1065, any proceedings in your court concerning any arrests 
®ade by the City Police, the Sheriff's Office and the GBI 
Agents of the previous night?

Yes, on the night of the 12th I was advised that certain 
r6StS had been made. I was unadvised as to the total number, 
the night of the 11th, it was, I was advised that certain 

s had been made but was not advised as to the number, 
the morning of August 12th? Chief Josey came by



162

the office, and I believe I suggested this; that since 
there had been so many questions, or rather bringing up 
the point that they were not allowed commitment hearings 
and the courts had decided; that question so often that 
even those were city cases and since they were lodged in 
the county jail that they should be given an opportunity 
to either have a commitment hearing - and that I would 
00ke myself available to conduct the commitment hearing, 
or they could waive a hearing and the court would set a 
bond.
Q That was the conversation that you had with Chief 
Josey, the defendant in this case?

A Yes, sir, and at 9:30 A.M., on the morning of August 
12th I had the official Court Reporter for the Dublin
(109) Judicial Circuit present and 1 had Mr. W. W. Larsen, 
Jr., the Solicitor General, present, because you were absent. 
I realized that you were City Attorney but you were not 
present at that time. I had the entire proceedings tran­
scribed and had the Court Reporter to type out everything 
that occurred.



163

Q Now, these proceedings were held at what time with reference 
to the time that the arrests were made?
A The best of my information I have is that the arrests were 
made around 9:30 the previous evening.
Q What date was that, Judge?
A August 11th, 1965, and 1 held the commitment hearing at 
9:3Q A. M., August 12th, 1965.
Q Did the Chief inform you, or do you know, of your own knowl­
edge, how many defendants there were?
A At the call of the case - well, I have 52 and one includes 
a Shirly Bolden. The reason I call your attention to that is 
that she was in jail on another charge.
Q She was in jail on another charge?
A Yes.

Does those names on your proceeding there correspond-with 
the names in that removal proceedings?

If I might spot check this. The order in which I have the names
n°t in the same order in which you have the names.

MR. MOORE:
We might check it.

(ll0) MR. HAYES:
f a* fixing to read them.

THE COURT:

tight, go ahead.



164

MR, HAYES:
If Your Honor please, the attorney for the plaintiffs and 

I stipulate that all of these names on this removal petition are 
the same as referred to here.
THE WITNESS:

Well, I might state with two exceptions. The names Reu­
ben Gamble and Bernice Turner are not on the transcript that I 
have because they had previously posted bond.
MR. MOORE:

That is true.
THE COURT:

All right.
Q Now, will you identify that, Judge Ward?
A This is the official transcript, signed by Floyd K. Horton, 
Official Court Reporter for the Dublin Judicial Circuit, Dublin,
Georgia, of a commitment hearing, charging some 51 named persons 

with violation of City Code Section 26-22,
THE COURT:

What is that Code Section?
THE WITNESS:

That is unlawful assembly and the obstruction of public ways 
and side walks.
THE COURT:

A H r  right.



165

The Court brought the parties before the Court for the pur­
pose of asking them if they desired to have a commitment hearing 
or if they wanted the court to appoint them an attorney or to 
set them a bond, and that applied to everyone except Shirley 
Bolden, and a spokesman for the group stated that they desired 
a bond,and the Court stated that was for everyone (111) except 
Shirley Bolden, and Shirley Bolden was charged in a state crimi­
nal warrant, issued by myself, on August 11th, 1965, for cussing 
in the presence of a female and simple assault by approprious 
words.
Q Now, you know, of your own knowledge, that the case against 
Shirley Bolden is a state case?
A I issued the warrants.
Q Now, do you know anything about the case of Herman Kirkland?
 ̂ No, sir, except what I have heard. I have no direct knowl­
edge of it.

With reference to the transcript of the record there, what 
Was response from the defendants?

(Reading) "By the Court: Now, do you want the court to
Set you a bond, or do you want a commitment hearing"? SPOKES- 
MAN FOR the GROUP: Yes, sir, a bond." And the Court then set a
°n 0̂r $200.00, and earlier the question came up as to the

Wow, a previous bond had been given to Reuben Gamble and 
mice Turner of $200.00, and they being similar cases I set a

THE WITNESS:



166

like bond.

Q Do you know when Bernice Turner and Reuben Gamble were re­
leased from jail on bond?
A I am certain that Reuben Gamble was released the night of 
August 11th. I am not certain about her.
Q That was the night of the arrest?
(112) A Yes, sir. I am not certain about Bernice Turner.
Q Now, those individuals who were arrested on the 11th and 
given a hearing on the 12th, did they make bond?
A To my knowledge none of them made bond.
Q Did you have any transactions or communications with any
individuals who were interested in making bond for some of these 
individuals charged?
A I did.
Q Was that with this group that we have just gone into?
A No.
MR. MOORE:

1 object to that, that is a conclusion.
THE COURT:

He asked him if he himself had any communication.
MR. MOORE:

We think that he certainly could testify that he had commu­
nication but he couldn’t testify as to what the subsequent com­
munications were, and ---



167

THE COURT:
(Interposing) Well, he can testify to anything that he knew, 

Of course, what?anybody told him would be hearsay. If I was go 
to somebody here and tell him something that I knew, you could 
ask me whether I did it or not.
THE WITNESS:

In order to shorten this, I think what I would have to say 
would be hearsay, Mr. Hayes. It does not come from anay of the 
defendants. It comes from a third party.
THE COURT:

Then that would be hearsay.
(113) THE WITNESS :

I think it would too, Your Honor.
Now, Judge Ward, on the date of the 12th of August, 1965, 

did you hold another commitment hearing concerning these arrests?
Yes, sir. I was advised about 4:00, somewhere in the neigh­

borhood thereof, that some 22 persons had been arrested at this 
same location, and charged with the violation of City Code Sec­
tion 26-22. I notified Chief Josey that I felt a like procedure 
should be followed and that they should be given an opportunity 
t0 ̂ ave a hearing, or to have a bond assessed. I was then ad- 
ised that Attorney Jackson was in jail, I mean at the jail con- 
erring with his clients, I didn8t mean in jail, and so I asked 
at he come to the court room, and they brought the 22 to the 

r°°m and you were present and Mr. Larsen, the Solicitorcourt



168

General was present, and you handled any arraignment and advised 
them as to their rights. First, I asked Attorney Jackson in the 

presence of his attorney - I mean I asked Attorney Jackson in 
the presence of his clients, if he wanted a hearing. The only 
purpose of holding a hearing was to try to get some of these 
people out of jail, and then I gave Attorney Jackson time to dis­

c u s s  with his clients as to what they wanted to do, and if my 
recollection is correct two of the 22 wanted to set a bond. Then 

Attorney Jackson asked that 12 of the 22, who ere juveniles, be 

bound over to the Laurens Juvenile Court, and for the eight re­
maining that he be granted a commitment hearing for them, that’s
(114) the best of my recollection.
Q Were these defendants that were juveniles bound over to a 
Juvenile Court?
A Yes. Now, let me put it this way. This is an order that I 
signed on the 13th of August. Your Honor, may I read the order? 
THE COURT:

Certainly, go ahead.
THE WITNESS:

(Reading) ’’Georgia, Laurens County. After consultation 
with Dublin Chief of Police, W. D. Jcsey, it was determined 
that some 30 persons are presently incarcerated in the local jaih 
charged with violation of Dublin City Code Section 26-22, who 
are 15 and 16 years of age. It is the agreed opinion of Chief 
Josey and the undersigned that it is in the best interest of



169

said juveniles and all concerned to release said minors from con­
finement in the custody of their parents or guardians, IT IS 
THEREFORE ORDERED that all persons incarcerated in the Lauresn 
County jail for appearance in the Dublin Recorders’ Court, who 
are under 17 years of age, be released to their parents or 
guradians for appearance in Recorder’s Court for the City of Dub­
lin on Monary August 16th, 1965, at 9:00 A . M. o’clock, either 
for trial by the Recorder or for referral to the Laurens Juvenile 
Court for apprpriate action. So ordered, this 13th day of Aug­
ust, 1965. Signed Harold E. Ward, Judge Laurens Superior Court.

In further answer to your question, I was later advised 
that Judge Wilkes in the Recorder Coaurt had referred certain
(115) juveniles to the Juvenile Court, but no formal order has 
yet been passed giving the Juvenile Court its jurisdiction.

Now, when you say juveniles, is that seventeen and under?
 ̂ No, under seventeen.
Q Under seventeen?
A Yes.
NR. HAYES:

Now, Your Honor, the attorney for the opposite side has a- 
eJBed and stipulated that these individuals named and designated 

Court case No. 1734 are the same individuals that Judge Ward 
just testified to about holding this hearing.



170

All right, is that right?
MR, MOORE:

Yes, sir.
MR. HAYES:

And further that the individuals designated in case No, 1735, 
now on trial, are the same individuals that Judge Ward referred 
to in his commitment hearing, the commitment hearing before him 

on the 12th day of August, 1965, with the exception of Reuben 
Gamble and Bernice Turner.
THE COURT:

All right.
Q Did Chief Josey state to you why these individuals were
placed in -~-
MR. MOCRE:

(Interposing) I object to that, Your Honor, that is certainly 

hearsay and probable self-serving.
THE COURT:

How is that? I didn’t catch it,
MR. MOORE:

We object to the question, Your Honor, that (116) Chief Josey 
stated why certain individuals and so forth, as that would be
hearsay.
MR. HAYES:

I will withdraw it.

THE COURT:



171

All right.
MR. MOORE:

And it would also be hearsay.
THE COURT:

I think it would. I think you will agree with that.
MR. HAYES:

Yes, sir. I will withdraw the question.
THE COURT:

All right.
Q Do you know 'why these individuals were placed in the Lau­
rens County jail rather than the Dublin City jail when they were 
charged with an offense against the City of Dublin?

Well, knowing of the facilities for accomodating a large 
number of persons I could only conclude that the facilities a t  

the city jail were inadequate, and we have a large jail at the
ounty jail, and the city jail will not hold as large a number as 
the county jail.
MR. MOORE:

I move to strike the answer on the ground that the proper
undation has not been laid for him to answer that particular 

question.

HAYES:
^ell, I will just withdraw the whole thing, the question 

d answer and let it go at that.

THE COURT:



172

All right.
Q Judge Ward* do you know when the picketing movement first 
started in Laurens, County, Georgia?
(117) MR. MOORE:

I object to -- I will withdraw that objection.
THE COURT:

All right.
THE WITNESS:

The picketing movement, there had been no picketing until 
the latter part of July.
Q Of what year?
A 1965.
Q Have you observed the picketing carried on in Dublin, Geor­
gia, during the latter part of 1965, the latter part of July, 1965! 
A Yes, I have.
Q Will you state to the Court what you have observed. Judge
Ward?
A I observed, and I believe my date $will be correct on Sunday
July 25th I went to the Cith Hall as I had been advised there 
might be some efforts to integrate the First Baptist Church. I 
was familiar with the policies of the First Baptis Church. At 

that time, about 11:30, well after church hours had begun, a 
group began marching with signs in front of the City Hall, inside 
of the City gropery, on the side walk, which is not a public side

THE C O U R T :



173

walk but a side walk leading from the public side jwalk to the 
entrance of the City Hall. They were carrying various signs re­
lative to "Price fire Josey and Jackson."
THE COURT:

What?
THE WITNESS:

One of the signs read; "Fire Josey and Jackson."
(118) THE COURT:

Who was Price?
THE WITNESS :

Price was our Mayor, the one that died last night 
THE COURT:

Oh.
the WITNESS:

One of the signs said "Price fire Josey and Jackson."
Now, you said it was not a public side walk, what do you

mean?
It would be in effect a public side walk. Yooahave a parking 

area* You have a side walk at the street level. You have the 
Parking area and then you have an interior side walk leading 
from Academy Avenue i>n the one side and Bellevue Avenue on the 
°frer side, running north and south, and then you come to the 
Center anc* y°u have a walkway going into the City Hall.

S°, the side walk is open to the public?
 ̂ Yes.



174

Q What kind of property is it on?
A Public property, owned by the City of Dublin.
Q Did you observe these pickets at that time?
A Yes, sir.
Q Can you describe the picketing to the Court?
A I don't recall having heard any words said by any of the 
pickets. They marched up and down in front of the Cityh Hall, 
as stated. I believe the correct figure would be 39.
Q How do you know that figure?
(119) A I counted them,
Q Now, this 39 pickets, what area were they covering?
A They were covering the area from on the side walk from Aca­
demy Avenue across the city property on the side walk, passed
through or by the entrance to the city hall, to the walkway going 
to the city hall, to Bellevnue Avenue and turn around and go 
back the opposite direction.
Q Can you estimate the distance covered by these 39 pickets?
A In my opinion, from the side walk on Academy Avenue to the 
side walk on Bellevue Avenue would be approximately 55 feet.
Q How long?
A From 55 and 65 feet.
Q So they were picketing in an area from 55 to 65 feet?
A Yes, from 55 to 65 feet, I would say.
Q What effect, if any, were these pickets having with refer­
ence to the streets and side walk?



175

A Well, the persons that I observed going into the city hall - 
now, most of them that I observed going into the city hall were 
coining in from the Bellevue side, and then they would come to 
the side walk on Academy Avenue and walk on up the side walk 
passed the walkway where the pickets were walking and then walk 
across the grass into the cityj/i hall.
Q You mean by that the side walk was blocked by the (120) pic­
kets?
MR.MOORE:

I object to that. That is calling for the witness to confirm 
a conclusion of counsel.
THE COURT:

Well, what was the question again?
MR. HAYES:

Judge, I asked him if he meant by his previous testimony 
that the side walk was blocked by the pickets.
THE COURT:

T think that is admissible. 
the WITNESS:

Should a person have blocked his automobile in front of the 
hall and —

MR. MOORE;

(Interposing) I object to that as being speculative.



176

He lives there. He ought to know. Are you familiar with
it?
THE WITNESS:

Your Honor, I am throughly familiar with the physical sur­
roundings around the city hall as to the parking facilities, as 
to the side walks and as to the streets.
THE COURT:

I think that is admissible.
MR. MOORE:

Your Honor, the witness is saying that should a person park
there, I don't think that type of a hypothetical --
THE COURT:

(Interposing) Well, maybe he should not have said should. 
Perhaps he should have used some other word, but the substance
is the same.
THE WITNESS:

Mr. Hayes, in response to your question, Dr. Joel Radney 
parked his car in front of the city hall in the parking lot and 
he came around and went - to go into the building (121) and on 
the walkway, as stated, they were walking back and forth so he 
walked to the Bellevue Avenue side walk, walked up Bellevue Ave­
nue and went into the city hall on the grass.
Q You know that of your personal knowledge?
A Yes, sir.

THE W I T N E S S :



177

Q Now, did you make an effort to get into the city hall?
A Yes, sir.
Q How did you get in there?
A Well, I parked my car at the Bellevue Pharmacy and walked.
Q Were you hindered in any manner by anything?
A No, sir.
MR. MOORE: .i bo .-̂ ered b
no!.object to that about whether he was hindered by anything or not. 

THE COURT:
He said no,

Q Now, did yduoobserve anything further on that date?
A On that date church broke up very shortly after twelve !
0 clock. A few people from the church across the street came 
over, very calmly. The FBI was there, Chief Josey was there,
Sheriff Bussell was there, and Sergeant Harden was there. Officer 
Brantley was there, Officer Jackson was there, Sergeant Daniels 
Was t̂ ere> GBI Agent Walden was there, Lt. Spurlin of the GBI 
Was t':iere* Mr. Applegate of the FBI was there and two other un­
identified FBI men were there, and several other officers, auxi- 

iary Policemen?̂ , (122) some of whom I don't know their names.
Judge, these officers that you have described,other than 
ones you have identified as being members of the GBI and the FJB X,

Wh0Se offleers were they?
p°Uce officers of the City cf Dublin.
°̂w» that was on what date?



178

A On Sundays July 25th.
Q 1965?
A 1965.
Q From what you observed, would you say these pickets had ade­
quate police protection?
MR. MOORE ̂

I object to that, Your Honor. That calls for a conclusion 
of fact that is for the court to pass on and not the witness on 
the stand.
THE COURT :

What is that now?
MR. MOORE:

Counsel for the defendant is asking the witness on the stand 
to make a judgment as to an ultimate conclusion of fact whether 
or not there was adequate police protection there.
THE COURT:

Well, now, here is a man, according to his testimony, has 
been prosecuting attorney for the County, four counties in the 
Dublin Judicial Circuit, he is also Judge of the Superior Court 
for that Circuit and in Laurens County in which Dublin is located, 

and if he don’t know, I don't know who in the world would.
(123) MR. MOORE:

Your Honor, he has not been qualified, and there has not 
been a proper foundation laid for this type of testimony from 
this particular witness, opinion testimony from this p a r t i c u la r



179

type of,witness. It is very true the things that you stated but 
at —
THE COURT:

(Interposing) And he also stated that he knew that property 
and saw everything that was going on at that time. I think I 
will admit it as it now stands.
MR. MOORE:

I just want to note my objection.
THE COURT:

That's all right.
Q Would you answer the question please?

Well, I would say, from my knowledge of the events as they 
occurred, and with probably twenty officers present, there was 
more than adequate police protection.

Now, do you know whether or not any arrests were made cori­
ng those individuals that you have described picketing on 

that date?
 ̂ There was not.

Now, Judge Ward, on any other dates, have you observed picket -
§ the City of Dublin, Georgia, other than what you have told 

us?
A Wsll T h» t nave observed it on any number of occasions in going

t0 lunch and so forth in front of the city hall.Q Hg
Ve y0u oiiserved picketing in any other place in Dublin, 

e°r8la> other than the city hall?



180

(124) A I observed, as I have previously testified, at the 
Service Station. I have observed it in front of Colomial Store 
and the Winn-Dixie Store.
Q When was that?
A It was either on a Friday or a Saturday. Well, I believe 
at the Winn-Dixie Store it was on a Friday and a Saturday, or 
part of a period on Saturday, and at the Colonial Store I think 
it was on a Friday, one day.
Q Was that previous to the 11th day of August, 1965?
A Yes, sir.
Q Well, do you know the date?
A No, sir.
Q Do you know how long it was before the 11th of August, 1965? 
Approximately how long before August 11th, 1965?
A In the neighborhood of two and a half weeks, I would say.
Q What did you observe as far as picketing at the Colonial 
Store is soncerned?
A At the Colonial Stores, the parking lot at Colonial Stores 
is on the west side of the store. There is a slight insert where 
cars can pull up in front of the store that the pickets were pick­
ing on the side walk in front of the Colonial Stores.
Q How many pickets did you observe?
A The most I observed, and that was for a very brief period
of time, there was six and for a short period of time there
(125) were nine or twn, and if I am not mistaken either Sergei



181

Harden or Sergeant Daniels advised them that they had been re- 
stricted to six pickets and I think they cut down to six pickets. 
THE COURT:

Who restricted them, Judge?
THE WITNESS:

According to the original permit -- 
THE COIRT:

(Interposing) They had a permit?
THE WITNESS :

Yes, sir. In the original permit, the restrictions in the 
permit was six pickets. 
the COURT:

Well, how many did the permit give these people to picket? 
THE WITNESS:

That was the same permit I referred to.
the court :

The same permit? 
THE WITNESS:

Yes, sir..
THE COURT:

Six pickets? 
THE WITNESS:

Yes, sir.
Q Did you continue to check those pickets during those days?
A yes> sir, I watched from an automobile that was parked in

Piggly ^.ggly lot which is right there across the street. I walked ver there and went in Colonia1 Stores and made a purchase 
§r°ceries and came back ourside and waIked back to the Piggly



182

Wiggle and got in my automobile and left.
THE COURT;

Well, who was doing the picketing?
THE WITNESS;

The names, I don't know, sir.
(126) THE COURT:

I mean, what concern was picketing?
THE WITNESS:

Colonial Stores.
THE COURT:

I know, but what concern was ordering the picketing?
THE WITNESS:

Well —
MR. HAYES:

(Interposing) The same group, Judge.
THE COURT:

That was the same group?
THE WITNESS:

Yes, sir.
MR. MOORE:

Your Honor, I will'have to object to that because Mr. Hayes 
is doing the testifying.
THE COURT:

Well, I guess you are right.
THE WITNESS:

The only ones that I could identify --



183

MR. HAYES:
(Interposing) Well, I am going to prove it.

THE COURT:
All right, you can prove it when it comes up, but I will 

sustain the objection as it now stands.
THE WITNESS:

The only one that I could identify would be Max Carl Wright. 
THE COURT:

Who?
A Maxium Carl Wright, who is with SCOPE.
THE COURT:

He is one of the witnesses in this case? 
the WITNESS:

Yes, sir
Did you see Reuben Gamble during that time you observed 

this picketing at Colonial Stores?
A No,
(127) q you did not see him?
A No, sir.

Did you see - what’s this white woman that you described?
A DeNoter.

Did you see Max Carl Wright - or Rice?
A I did.

êre fchese pickets carrying signs?
A T h e y  were.



184

Q Was there anything on those signs that would indicate who 
was doing the picketing?
A The signs at the various stores would have - some had joint­
ly "NAACP" and "SCOPE", which stands for "Summer Community on 
Political Education."
Q You saw that on the signs at Colonial Stores?
A Yes, sir.
Q Now, did you see any signs at Winn-Dixie?
A Yes, sir.
Q What was on those signs?
A The same initials. I am sure one had "SCLC", which is 
"Southern Christian Leadership Conference."
Q Now, you have read all the pleadings in this case?
A I have.
Q Now, Judge Ward, were there any arrests made during (128)
any of those days to your knowledge?
A There was an arrest of a local Dublin white boy, I think, 
at Winn-Dixie, or somewhere in that vicinity. I think he tried 
to start some trouble and the police officers arrested him.
MR. MOORE:

I move to strike that testimony because it is not based upon 
the facts that he observed.
MR. HAYES:

That"a all right, we will prove it by another witness.



185

THE COURT:
All right, I will sustain the objection to that.

Q To your knowledge, were there any otherr arrests on those 
dates that you observed?
A None.
Q Judge Ward, on -- Now,this order has already been stipulated 
that he signed it and it has been identified — — — are you fami­
liar with that?
A I am.
Q Will you state to the court the circumstances surrounding 
that order? First, will you read the order into the record?
MR. MOORE:

We have stipulated ;that as a part of the record. Perhaps
he should identify it as being "Exhibit D, attached to the peti­
tion ?
A This order that I hold here is Exhibit D, attached to the 
Plaintiff's petition, being civil action No. 611, and --- 
<129) THE COURT:

(Interposing) You said you would stipulate. What was that? 
MR. MOORE:

Well, we will stipulate that order is a part of the record. 
THE COURT:

A11 right.
Will you read that order into the record plaese?
(Reading) "Georgia, Laurens County. It being shown to the



186

court that a condition presently exist within the City of Dublin, 
due to certain demonstrations and assemblies by large numbers of 
persons, which tends to cause a tense and critical situation, 
which could lead to violence and a serious breach of the peach. 
If further appears that such crowds are congregating in and a- 
round Glenwood Soda Shops Glenwood Avenue, Dublin, Georgia and 
Thomas Recreation Center, Glenwood Avenue, Dublin, Georgia, 
Based on the foregoing and in an effort to quell any further dis­
turbances the Chief of Police, W. D« Josey, or his lawful of­
ficers is authorized to close the above places and such other 
places as he deems in the best interest of peace and harmony un­
til the further order of this court and under existing condi- 
tions have changed. So ordered, this 12th day of August, 1965. 
Signed Harold E, Ward, Judge Superior Court,”
Q Will you state the circumstances surrounding the granting
of that order?
A Now, may I say this, there is a slight amendment to (130) 
that order. Attorney Jackson stated to me, and I think in your 
presence, that this Thomas Recreation Center also was the place 
wherein the SCOPE Headquarters were located. Well, I don't; know 
whether he said NAACP or SCOPE, but one of them, and he said 
that he didn t feel that the order applied to that portion of the 
building. I told him that in the interest of trying to get some­

thing settled down that as far as I was concerned it applied  to 
the entire building and to such other places as the Chief of



187

Police thought proper to close in the interest of trying to have 
harmony in our community. Mr. Jackson stated that he still didn’t 
think it covered that building, so then I went back to the court 
house and drew this short amendment, as follows: "Georgia, Lau­
rens County. The above order is amended in the interest of 
clarification to apply to the entire building and both of the 
referred to instances as these are the areas of congestion."
Signed by myself.
Q Why did you issue that order, Judge?
A At his request. He wanted it amended for the purpose of 
clarification.
Q Now, why did you issue the whole order?
A Chief Josey had come to me and described rfto me what had
occurred and--
MR. MOORE:

(Interposing) I am going to object to that, Your Honor.
That would be hearsay.
THE COURT:

I don’t know whether that would be hearsay (131) or not. 
asked the question as to why he did it. Well, he is saying

What the Chief told him.
MR. HAYES:

%  1 be heard on that?
THE COURT:

Yes, sir.



188

MR. KAYES;
There is an exception to hearsay evidence if it is to ascer­

tain motive and explain conduct and so forth. The attorney brough: 
out on direct examination of this officer here about that order, 
THE COURT:

Wells I think the safe thing to do is to put Josey back on 
the stand. I just don't want to get any error in this record.
MR. HAYESi

All right, sir. 0. K., Judge.
THE COURT ;

It may not be but I certainly want to keep it out, if it is 
not relevant.
MR. HAYES;

I imagine he will bring it out on cross examination anyway.
THE COURT;

Well, if he doesn't Josey is here.
MR. HAYES;

All right, sir. Your witness.
THE COURT;

Well, it is now 5;00 o'clock and I usually take out at
5;0Q unless there is some reason for not doing it. When you 
try to rush a case is when you get in trouble. I usually take
out at 5 ;00 o'clock.
MR. MOORE;

Your Honor, I don't know whether he is ;going t o  v o l u n t e e r



189

to come back tomorrow or not.
(134) 10:00 o’clock Thursday Morning, August 26th, 1965.

THE COURT:
All right, you may proceed.

THE MARSHAL:
Any witnesses in the court room, please go on the outside.

THE COURT:
Now, you all have got it straight now. Any witness in the 

court room must get out. I don't want to hold anybody in con- 
tempt, but any witness that is a witness in this case must go on 
the outside and remain out of this court room. Now, you all have 
got it straight, all witnesses must go out, if you don't I will 
hold you in contempt. All right, lets proceed.
MR. MOORE:

They are aLl either plaintiffs or defendants in the removal 
Petition.
THE COURT:

What is that? I don't understand you. I don't understand 
what you mean. All the people in court, you say, are either
Plaintiffs or defendants, is that right?
MR. MOORE:

1̂1 tight, then they should stay in in the court room, but 
no witnesses can stay in the court room.



190

THE WITNESSi

(Harold E. Ward) Your Honor, I would like to clarify one 
thing, I testified that I observed certain things at the City 
Hall on July 25th, and upon recollection the date was actually 
August 1st.
THE COURT:

What is that now?
THE WITNESS:

On yesterday I testified that I had observed certain picket­
ing in front of the City Hall on Sunday, July 25th, (135) when 
the correct date was Sunday, August 1st.
THE COURT:

All right, you mayM make that correction. All right, you
may proceed.
—  —  —  —  —  —  —  —  —  "CROSS EXAMINATION-----------...... — —
By Mr. Moore;
Q You mean that the testimony that you gave respecting July
25th, 1965, is incorrect?
A Not incorrect as to the testimony but incorrect as to the
date.
Q You are certain as to that now?
A That's correct.
Q What caused you to change your testimony?
A Because I made a mistake.
Q How did you recognize that mistake?



191

A Because I  realized that July 25th was the day that Maxium 
Rice had his incident at the City Hall and I  was not present at 
that time, but I was present the following Sunday, and by look­
ing at a calendar, which I have in front of me, I find that the 
following Sunday was August 1st.
Q The following Sunday was August 1st?
A That's correct.
Q It is your testimony that there were demonstrations in the 
City of Dublin on August 1st, 1965?
(136) A That is correct, only at the City Hall.
Q YOu don't have any recollection of anything that happened 
on July 25th, 1965?
 ̂ No, I was out of town that jday.
Q Judge Ward, are you:a member of the First Baptist Church?
 ̂ Any of your relatives?

No. I have only one relative in Lauresns County - No, I 
have no relatives in Laurens County.

Were you present at the First Baptist Church on July 25th? 
No, I was in Dillon, South Carolina.
Were you present at the First Baptist Church on August 1st? 
N°, I was across the street from the First Baptist Church. 
You were across the street?

 ̂ Yes.
Did you make any statement respecting any incidents at the 

FlrSt BaPtist Church on August 1st?



192

A Did I make any statement?
Q Yes, sir?
A To what are you referring?
(137) Q Did you make any statements to news reporters?
A No, sir.
Q Were you photographed standing in front of the First Baptist
Church?
A Not to my knowledge. Nows I understand that photographs
were made.
Q But you have no knowledge as to whether you were photographed!
A No, sir.
Q Do you know Mr. Jones?
A I know saveral Mr. Joneses?
Q Do you know Mr. Wilbur S. Jones?
A Yes, sir..
Q Do you know, of your own knowledge, whether he is a m em ber

of the First Baptist Church?
A He is.
Q Did you see him on August 1st, 1965?
A I don't believe so.
Q YOu didn't see him on August 1st, 1965?
A No, sir, I don't believe I saw him. I saw Dr. Stanley R* 
Hahn, who is the Pastor of the First Baptist Church.
Q Bow long have you been Judge of the Superior Court?
A Since December 28th, 1960.



193

Q Is that an elective position?
A Yes.
(138) Q Had you been judge prior to that time?
A No.
Q This was your first time and you were elected?
A Yes.
Q I believe your testimony yesterday was ;that the Dublin Ju­
dicial Circuit was comprised of at least three counties?
A Four counties.
Q Would you name those counties again, please?
A Laurens, Johnson, Treutlin and Twiggs.
Q Lauresn, Johnson and - is it Troup?
A Treutlin.
Q What are the regular coart sessions in those counties?
 ̂ Well, we generally stay in session the year around. The reg-
ular sessions in Laurens are the Fourth Mondays in January, April, 
duly and October, and in Johnson County the regular sessions are 
the Third Monday in March, June, September and December, with 
the Uune and December Terms being non-grand jury sessions, and 
Treutlin the regular terms are February and August, and in 

TwiSgs the regular sessions are January, April, July and October. 
When in July does it meet in Treutlin?
It doesn’t meet in Treutlin in July.
Where are the sessions held?
The session starts on the Second Monday in July in Twiggs



194

County, on the Fourth Monday in July in Laurens County.
(139) Q What about the sessions in August?
A The Third Monday in August in Treutlin.
Q Do you have a heavy case load in that county?
A Laurens County would take care of 75 per cent of the case 
load. In the past four and a half years, in Laurens County, we 
have disposed of criminal and civil about 2300 cases.
Q And are you the only Judge in that Circuit?
A Yes, all the Superior Court judge.
Q I believe that you testified that on August 12th, I believe 
it was, did enter an order closing a certain establishment or 
establishments in the City of Dublin, is that correct?
A Yes.
Q And those establishments were the ones listed in the order?
A There are two establishments listed in the order, and I think
ygv will recall when I read the order "and such other places as 
the Chief of Police might deem proper."
Q It was all left up solely to the discretion of the Chief
of Police?
A Yes, sir.
Q As to what other places should be closed?
A That is correct.
Q You didn't specify any other place?
A No, that's correct.
Q As a matter of fact, you did not conduct a hearing (140)
prior to issuing that order, did you?



195

A No, I didn’t»

Q And you didn’t give notice to any of the establishments 
concerning that order?
A No, but I talked to all of them afterwards,
Q But not before that not before the order was issued?
A That’s correct.
Q Now, one of those places was Thomas Recreation Center, is 
that correct?
A That’s correct,
Q Do you know whether that is operated by Negroes?
A Operated by Henry Thomas, I mean Emory Thomas,
Q Emory Thomas?
A Yes,

Q Is he a Negro?
 ̂ Yes,

And Glenwood Soda Shop, is that operated by Negroes?
Yes, operated by Negroes. Now, the beer portion of the

"Iding in which the Glenwood Soda Shop is operated is owned by 
whites,

®ut it is operated by Negroes?
That’s right, and owned by whites.

’ Todd’s Service Station is in that area?
(I41 That's correct.

MOORE;

Til you marked this, please, as Plaintiff's Exhibit "P-4"?



196

(NOTE: And same was so marked)
Q Judge Ward, I show you Defendant's, or rather Plaintiff's 
Exhibit nP-4", and I ask you if you can identify it?
A That would be a true picture of the Glenwood Soda shop, 
Glenwood Avenue, Warbash, Hudson Street, Gray Street, the Sin­
clair Station, which is known as Todd's Service Station, the 
South Side Service Station, and various houses, a service station, 
and was at one time an old funeral parlor there, and Thomas Re­
creation Center, and then in the rear you have the NAACP and the 
Scope office. I could not testify that that was the Naacp or the 
Scope office except from what I was told by one of your fellow 
counsel.
Q Judge Ward, would Plaintiff’s Exhibit P-4 be a true represen­
tation of the street lay out and the establishments on Glenwood 
Avenue?
A It would, yes. When I say it would be a true representation 
of the locations, now, as to your scale I wouldn 't say it would 
be true.
MR. MOORE:

We offer this at this time as Plaintiff's Exhibit No. 4.
THE COURT:

All right, hand it to the Court reporter,:
MR. HAYES

It is not accurate as to scale, but is just a general diagra® 
as to that area, is that right?



197

(142)
MR, MOORE :

That’s correct.
MR. HAYES:

We have no objections.
THE COURT:

All right, it is admitted without objection.
Q Now, you/ have personal knowledge, you have testified about 
that, that the beer parlor, which is off to the side of the Glen- 
wood Soda Shop, is owned and operated by white persons, is that 
right?

A Yes, because the owner called me the following morning.
Q Following August 11th, or August 12th?
A Following August 12th, because he called me on the morning
of August 13th, about 6:00 o'clock.

Your order at the time it was written did not appla to the
beer parlor did it?

Yes, sir, it applied to both buildings. As I stated yester- 
day> * a®ended the order at the request of Attorney Jackson to
Include the entire building, of both buildings.

Whereas, origianlly issued it was not?
A T was intended to include the entire building of both build­
ings.

Now, your order did not cover the Todd Service Station, did
it?

hot specifically by name, but Todd's Service Station was



198

closed at approximately 7:30 on that same evening, and the or­
der was issued at approximately 6:00 o'clock,
(143) Q But the order itself did not cover it?
A Not by name.
Q You do not have any personal knowledge as to the facts in­
ducing the closing of the Todd Service Station?
A No.
Q I believe your testimony was that there was a sizeable 
group of white persons gathered at the station when you were 
there about 6:00 o'clock on the evening of August 11th, is that 
correct?
A That s correct. I believe I stated there were 12 or 15 per 
sons there.
Q And your testimony was that these white people were milling 
around by the station, is that correct?
A They did sot appear to be trading there. They appeared to 

be  milling around:i the station, yes.
Q Did you hear them make any remarks?
A No, I did not hear any remarks.
Q Were you on the same side of the street as the Service Sta­
tion?
A As I went by I was on the opposite side. As I came back I 
was on the same side.
Q In other words, you didn't actually stop at the station, or
in the area, you just drove through?



199

A 1 stopped on the opposite side, and I believe Sergeant Hat- 
taway, Sergeant Donald Hattaway, who is one of Dublin’s (144)
23 volunteer policemen, was on duty at that time.
Q Mow, what is the status of a volunteer policeman?
A My understanding of it is that some six or eight months ago 
the City of Dublin, throught Chief Josey, organized a volunteer 
policemen, who are citizens of Dublin and who have taken a train­
ing course in police work and serve on a volunteer basis when 
needed.
THE COURT:

You say they did take training?
THE WITNESS:

Yes, sir.
Q From whom did they take their training?
 ̂ That, I do not know.
Q Now, have you e v e r  s e e n  volunteers?
 ̂ Yes, sir.
Q How many negroes are among these volunteers?

No Negroes among the volunteer policemen. There are two 
Negroes employed by the City of Dublin as police officers.

sir, I understand that, but there are no Negroes as
volunteer policemen, is that right?

 ̂ T h a t ' s  correct.
Are the volunteer policemen selected?
That I don’t know. 1 know that some work at the woolen mill,



200

some at the VA Hospital and various other fields of employment, 
but as to how they are selected I couldn't testify.
Q Do you know whether or not any investigations of (145) their bad! 
grounds and associations were made prior to the time of their 
acceptance as volunteer policemen?
A No, sir, I don't.
Q Are these volunteer policemen provided arms?
A They are provided full uniforms, weapons - the entire uni­
forms that the regular police officers have and they are like - 
wise issued identification certificates or cards.
Q Is that by Chief Josey?
A By Chief Josey, yes, sir.
Q What type of uniforms do the policemen wear?
A At the present they are wearing blue denim pants and a 
lighter blue shirt, with a holster, of course, gun and badge and
caps.
Q Helmets?
A On occasions. They are furnished but the don't wear them 
on regular occasions, but on some occasions they do wear them.
Q Now, this equipment is paid for by the City of Dublin?
A That, I don't-;know. Now, we are speaking about the volunteer
policemen?;
Q Volunteer policemen?
A That^ 1 don’t know
Q Do you know hwether or not they use motor vehicles?

L



201

A Yes, they do.
(146) Q Do you know who provides the motor vehicles?
A The City of Dublin.
Q Are they marked or unmarked?
A Marked.
Q so, they are volunteers with the same status as the regular
policemen?
A That’s right. Well, I presume they have the same status.
I merely know they issue cards, giving them the authority of po­
lice officers.
Q They are not sworn in?
A Yes, 1 swore them in myself.
Q You swore them in yourself?
 ̂ Yes, in a ceremony,
Q Under what authority?

Under the authority I administer the oath to any person.
Is this an oath required by the laws of Dublin and the laws 

°f Georgia?
1 administered the same oath to them that is administered 

l0 tegular police officers with the exception that the word !:aux- 
iliary was inserted in the oath and it was signed by each of the 
°££icer§. It was administered in the Laurens Superior Court Room. 

'Do you have any personal knowledge as to how the regular po~ 
°cc officers are employed?
'  ̂ The regular policemen?



202

Q Yes, sir?
A I can tell you what I understand the policy to be,
Q What is that policy?
A An investigation is made into their back ground, their phy­
sical characteristics and they capability to perform police work.
I have known of men being rejected from the City Police Force 
because of their back ground and their inability to carry out the
work.
Q  Do you know who passes on whether or not a policeman is hired?
A We operate under a City Manager form of Government, and the
City Manager selects the Chief of Police, and the Chief of Police 
selects his officers, subject to the approval of the City Manager. 
Q Subject to the City Manager?
A I am sure that would be true?
Q Now, these volunteer policemen are to be used in racial in­
cidents, isn't that right?
A No, they were working in Dublin long before any racial in­
cidents occurred.
Q Had they been called to actually serve as policemen prior 
to any demonstrations?
A Yes, many times.
(148) Q Pardon me?
A Many times.
Q Do you have personal knowledge of those instances?
A Well, I can't recall dates. I have been to the police stati011.



203

I have seen one of the volunteer policeman who is in a wheel chair 
and he is assigned to the radio, he operates the radio. I have 
seen others in the streets, walking the streets, and in the auto- 
mobiles. At the times I have seen them they were generally in 
the company of a regularly employed police officer.
Q A sort of a buddy system?
A If you want to call it that, yes, sir.
Q All of these volunteers, twenty three in number, are white 
persons?
A That is correct.
Q Now, August 11th, 1965, was rather a hot day, wasn't it?
A It has been pretty hot lately.
Q The temperature was in the upper nineties, wasn't it?
A I don't knot, but I would say that it was hot. I wouldn't
know about up in the nineties.
Q It was an extremely hot dayr wasn't it?
A I was in an air-conditioned courthouse and jail.
Q But you were also out on the streets some?
A Part of the time,
(149) Q Now, when you went down Glenwood Avenue, you weren't
going out there to see what was going one were you?
 ̂ Ye§, I was.

I thought your testimony was that you were going to take your
ffiaid home?

No. I said that I go out there frequently to take my maid



204

home. I went out there purposely to keep myself advised as to 
what the situation was.
Q Didn't you consider that irregular?
A Nos I don't consider anything irregualr when I am trying to 
work for the best interest of the people of Dublin and Laurens 
County, Negro and White.
Q Well, don't you have an obligation as a Superior Court Judge 
to be in a position where your impartiality is not affected?
A I have an obligation to the people to keep, or try to keep, 
from there being any breach of the peace by whites or Negroes.
Q Now, don't you obligations as Judge - —
THE COURT:

(Interposing) Lets don't go into the obligations of the
Judge of the Superior Court. I think that is entirely irrelevant, 
MR. MOORE:

I think it is important, Your Honor.
THE COURT:

I don't agree with you. I am ruling it out.
MR. MOORE:

We accept to the!ruling, Your Honor.
(150) Q Now, under what authority did you hold a commitment 
hearing on August 12th?
A Under the authority that the courts have held that if any per* 
son is in jail they are entitled to a hearing as quickly as pos­
sible .



205

Q Even on a Recorder's Court charge?
A I think anything that would carry any penalty pnishment, 
which our charter provides up to 90 days, would entitle that per­
son to a quick hearing. Now, if a person objects to a commitment 
hearing, Mr. Moore, I would not want to give them on, but I feel 
that anybody would be entitled to one whether they be a Negro or 
a white person.
Q Now, the Recorder's Court could have been convened as quickly 
as a commitment hearing, could it not?
A That's correct, but they were in the Laurens County jail.
Q They remained in the Laurens County jail?
A That's correct, .until I signed an order releasing all of the 
32 without bond, and the other parties remaining in jail were 
likewise released without bond.
Q That was on a Friday?
A That was on Friday ,

Many of these people had been arrested on Wednesday night?
 ̂ That's correct.
(151) q And you didn't release anybody at the time you had the 
commitment hearing?

That is correct. I advised Mr. Jackson at the time that 
there were several juveniles in jail, and he asked about them be- 
tog released, and I said, there were several that had been to the 
lining school prior to this and several had had previo s records 
*n the Juvenile Court, and that 1 would require bond for them.



206

Q Now, I believe the reason for calling this commitment hear 
was to set bond, isn't that correct?
A To give them a hearing or to set bond.
Q The bond had already been set, had it not?
A The bond had not been set.
Q Well, I understood that Mr. Gamble and Miss Turner had been 
released on a $200.00 bond at night?
A They bonded themselves.
Q The Chief sets the bond for everybody, doesn't he?
A Generally in a Recorder's Court case he sets the bond.
Q Right, You didn't have to exercise any independent discretion 
to fix the amount of bond, did you?
A Well, I didn't exercise any discretion. I set the bond 
the same as Reuben Gamble and Bernice Turner had.
Q That was what the Chief set?
A That's right,
(152) Q You didn't make any independent investigation into he 
circumstances and financial conditions of any of these people as 
to what would be an adequate amount of bond, did you?
A No, I didn't.
Q Now, Judge Ward, many of these people who were in jail, you
knew?
A Oh, yes.
Q Because they lived in the community?
A Yes, sir. In fact, I had one gentleman that had two neices



207

that were arrested, and he came to me to see me about getting 
them out of jail on bond, and he said he went down and talked to 
them and they said they didn’t want to get out. That was Virgil 
Butler.
Q You remember Attorney Jackson appearing before you?
A Yes, on Thursday afternoon August 13th.
Q Do you remember Attorney Jackson requesting that you reduce 
tha amount of bond?

A I remember that he requested that I release the juveniles 
without bond,

Q And you remember you having refused to do so at that time?
A 'I stated that a few moments ago.
Q You subsequently changed your mind, is that correct?
U53) A That's correct.
Q And that was the following day?
 ̂ Yes. Do you want to know why I changed my mind?

I was going to ask you. What induced you to change your
Position?

Because I felt like that after they had remained in jail for 
length of time they had that they had no intention of making 

nds they merely wanted to remain in jail until the Record- 
s Court met on the following Monday, and I would take the ju-
^ eSs because as Judge of the Superior Court I am Judge of the

J u v e n i l e  p 0urts that I would take it upon myself to release the 
^ es* an  ̂the others being city cases and which would ultimately



208

be tried by the City, that I  would not take the r e s p o n s i b i l i t y  of 

releasing them, subsequently Chief Josey and Mr. Lane did re­
lease them without bond the same day.
Q You did not investigate these people after the commitment
hearing, did you?
A I am not an investigating officer.
Q You didn’t make any effort to ascertain why they were stay­
ing in jail, did you?
A Except what the uncle of two of them told me.
Q And that was all?
A And then I turned the names - I had Mr. Watson to investi­
gate the court records-as to the 30 juveniles, I had Mr. James 
Norris, who is our Circuit Court Service Juvenile Worker, (154) 
to investigate, or he is now investigating all of these family
back grounds.
Q What did he do?
A What did he do?
Q Yes, sir?
A I said that he is now doing that.
Q Oh. He is in the process of doing that at this time?
A Yes.
Q But at the time you changed your mind, this had not been done, 
had it?
A That’s right.
Q You never reduced the bonds, did you?

I



209

A No. I just let them out without bond.
q  And a request had been made to reduce the bond, had there 
not?
A No, there had not.
Q Attorney Jackson did not request you to reduce the bond?
A No. I told you that he requested that the juveniles be re- 
leased without bond. He made no request for reduction of bond 
for the others.
Q I believe yesterday, when you testified, you testified that 
a Doctor, or some one, went to the police station on Sunday, is 
that correct?
(155) A Dr. Joel Radney.
Q Who?
A Dr. Joel Radney.
Q You observed him walk across the lawn, is that correct?
 ̂ That’s correct.

You did not see him attempt to walk through the picket
line, did you?
A No.

You don’t know why he walked across the picket line, do you? 
Wfoy he walked across it?

Q That’s right?
I didn’t penetrate his thoughts.
Then your testimony yesterday was just a conclusion on what 

y u i®agined his actions and motive was?



210

A From the physical evidence that I saw.
But no one physically tried to stop him from going into the

city hall, did they?
A Oh, no,
Q Now, this was on a Sunday, is that correct?
A Yes, sir,
Q What offices are open in the City Hall on Sunday?
A The only office, to my knowledge, that would be open, would
be t h e  Police Department.
(x.56) Q And the City Hall, with the exception of the Police 
Department, is closed on Sunday, is that right?

Well, unless some of the officials are there doing some ex­
tra work, but I wodild say for all practical purposes they are
closed.
Q As a matter of fact, most of the businesses in that area are 
c l o s e d  on Sunday, are they not?

Well, I don t consider church business, but the church was
open t h a t  day.
Q
JX

Q

A

Q
A

Q

Pardon me?
The churches were open that day.
But the other businesses, the postoffice 
(Interposing) Churches, plural.
And the postoffiees were closed?
That’s right.
And ether businesses?



211

A The p o s t o f f i c e  i s  a b o u t  t h r e e  blocks away.
Q And your t e s t i m o n y  is that the pickets were across the street 
from the Church on the C i t y  H a l l  side of the street?
A That’s c o r r e c t .

THE COURT:
Anything e l s e .

Q Other than Dr.  Radney - - - - - - -

THE COURT:
( I n t e r p o s in g )  You d i d n ’ t  answer my question. Any other 

questions? You d i d n ’ t  h e a r  me, I don't think. Any other ques­
tions?
(157) MR. MOORE:

Just one or two more questions.
THE COURT:

All right.
Q Other than Dr. R adneys you saw no one  else go to the City
Hall?

y e s .  l a w  numerous p e o p l e .

Q Were th ey  p o l i c e  o f f i c e r s ?

Pol ice  o f f i c e r  and o t h e r s  t o o .  I saw the FBI Agents and 
Attain unltnown c i v i l i a n s  t o  mes and police officers.
Q pp,
H The C ity  H a l l  was a c c e s s i b l e  t o  those who wanted to enter?
A Oh, yes.
MR. MOORE:

The w i t n e s s  i s  w i t h  y o u .



212

THE COURT:
All right, you may go down. Any questions?

MR. HAYES:
Yes, sir.7 

THE COURT:
All right.

-  —  —  —  —  - —  —  --REDXRECT EXAMINATION ... ...... — -
BY MR. HAYES:
Q What FBI Agentsdid you see on that date?
A I saw FBI Agent Applegate, and I believe I saw FBI Agent 
Sipple and two that were unknown to me.
Q Where did you see Agent Applegate?
A In front of the City Hall and inside the Cith Hall.
(158) Q And the date was what?
A August 1st.
Q Of what year?
A 1 9 6 5 .

Q Judge Ward, with reference to this commitment the attorney
questioned you about concerning these individuals arrested on the 

1 3 t h  of August, he asked under what provision of law you held that 

commitment hearing, or a question to that effect; do you remem­

ber the discussion that took place between myself, as City Attor­
ney, and Thomas Jackson in the presence of the court concerning
t h i s  particular nommitment hearing held on that date?



213

A Was that the discussion in the court room?
Q Yes?
A Yes, I remember that.
Q Will you relate what that was to the court?
A I stated for the record that it was irregular for me, as 
Superior Court Judge, to hold a preliminary hearing or commitment 
hearing and -- 
MR. MOORE °

(Interposing) I object, Your Honor. He said;that he stated 
for the record and the record has been introduced here, and the 
record would be the highest and best evidence of it.
MR. HAYES :

Your Honor, this is a different proceeding. We had two 
commitment hearings. This is a different proceeding from the 
°ne that he testified to yesterday. This is the one that (159) 
Moore was questioning him on today.
THE WITNESS:

Your Honor, this is the hearing that took place in the af» 
ternoon.
MR* HAYES:

Just a minute. Judge. The commitment hearing that he was 
 ̂estioned about was held on the 12th day of August, 1965, in 

you were questioning him about to the effect, wasn’t it
egular for him to hold a commitment hearing for Recorder’s

Court c a se s .



214

THE COURT:

He said it was a different occasion.
Q Was Tom Jackson, attorney for the defendants, present at
that commitment hearing?
A Yes, he was.
Q Will you state what took place?
A I stated that - or stated to you and to Mr. Jackson that it 
was irregular for me, as Superior Court Judge, to hold a commit­
ment hearing on Recorder's Court cases, but that I felt that 
these defendants were entitled to a hearing, and either be given 
a hearing and if the evidence showed that they had violated any 
ordinance they would have been bound over. I stated that they 
were entitled to a hearing or to have a bond set, and that I 
would not conduct a hearing unless it was desired.
Q Was there any statement made by Tom Jackson at the time?

He said he had just known cf cases and that he would (160) lib 
sometime to discuss it with his clients and I recessed court and 
gave him the opportunity to discuss it with his clients and to 
make certain that he had all the privacy I asked all the officers 
end the attorneys and everyone to leave the courtroom e x c e p t  

Attorney Jackson and his clients.
Q And did he make any motions after that recess?
A After recess we came back into session and I again asked
Attorney Jackson what his desires were and he stated that two of 
the parites of the 22 desired bond be set.



215

q And did you set a bond?
A I set a bond.
Q In what amount?
A $200.00, And there were twelve juveniles which he requested 
they be bound over to the Juvenile Court. I told him that I would 
hold a hearing, if I am not mistaken, the following Wednesday, and 
that I would likewise hold a hearing - he wanted a hearing on all 
of them except the two - that I would hold a hearing on the others 
and I believe it was likewise on the following Wednesday for those 
who were not juveniles.
Q He asked that the hearing be continued?
A He said that he was not prepared to have a hearing at that 
time and he wanted additional time and we discussed several dates 
and I think we finally came up with the date of the following 
Wednesday.
 ̂ Do you know, of youjf own knowledge, how long after (161) 
the arrest of those individuals took place was this commitment 
hearing held?

Of those 22 that were arrested on the afternoon of the 12th, 
the hearing was held not more than 45 minutes after the arrest.
 ̂ And the purpose of that --

(Interposing) I think the arrest was made approximately 
o clock and the hearing was approximately 5;00 o'clock.

Q Vr11 w* you were asked about these volunteer policemen and if 
6re Were any Negroes on the Voluneer Police Force and I believe 
answered - what did you answer? What was your answer to that?A j

think I answered no. I know of none.Q
you know whether or not any Negroes have volunteered for



216

that place?
A I know of none.
Q Judge Wards 1 believe the order that he questioned you about 
gave Chief Josey the authority to close these places, gave him 
the authority to close all places that he saw necessary to pre* 
vent violence, is that not in the order? Do you have the order
before you?
A Yes.
Q You were questioned by the attorney about why Todd 5s Ser­
vice Station, is there anything in that order to cover (162) 
Todd’s Service Station or any other places?
A Not specifically by name, but it is in the other "and such 
other places as he deems in the interest of peace and harmony."
Q Now, do you know the percentage of Negroes registered to 
vote in Laurens County, Georgia?
A 62.3 of the eligible Negro population is registered to vote.

Have you ever had any complaints - Strike that - Can you 
tell this Court the progress that has been made between the 
white, Caucasian Race, and the colored race in Laurens Couftty?1
Mi. MOORE:

I object to that.
THE COURT:

I  think the objection is good. I  don’t see any relevance

of that.



217

MR. HAYES:
Judge, may I be heard on that?

THE COURT:
Yes.

MR. HAYES:
The reason I am bringing this out is that the attorney has 

asked him, in my opinion, has asked him questions about no Negro 
volunteers on this police force, he has made a point of that, 
and he has made the point that only Negro places were closed by 
this order and, in my opinion, the point was made to show discrim 
ination against the Negroes.
THE COURT:

Well, I don’t think that is relevant.
MR. HAYES:

All right, sir. That's all. 
the COURT:

I haven't objected to anything yet. There (163) are a lot 
things that are irrelevant in this case.

MR. HAYES:
Yes, sir, I understand.

THE COURT:
Hut I wanted to give you all a hearing, so I am doing it.

"  —  —  — RECR03S EXAMINATION---..... -------------
Ejf, MOORF ;

Judge Ward, at this commitment hearing on the afternoon of



218

August 12th, you admit that was an irregular proceeding, is that
correct/
A I will admit that I don't usually hold them, yes.
Q Then it is Irregular to do so?
A I say, that I don't normally hold them, but it is not im­
proper.
Q This is your first j experience in holding such hearings,
isn't it?
A No, I have bound people over to the Recorder's Court in the
past.
Q When ?
A Well, listen,! have so many cases, I can't recall individual 
cases. I have bound them over to the City Court of Dublin and I 
have bound them over to the Recorder's court, depending on what 
the offense might be.
(164) Q The City Court of Dublin is a statutory court cr a 
grand jury court, is it not?
A It is not a grand jury court.
Q It is established by the grand jury, isn't it?
A No.
Q Established by the Constitution?
A No.
Q Established by statute?
A That's right.
Q The Recorder's Court is established by an Ordinance, isn't

it?



219

Q And you have the function to bind misdemeanors over to the 
City Court?
A That'ŝ  correct. No, no.
Q Well, does the City Court have the function of binding mis­
demeanors and felonies over to the Superior Court in which you 
sit ?
A Superior Court can try either misdemeanors or felonies.
Q And the City Court would normally hold a commitment hearing, 
wouldn't it?
A No.
Q It wouldn't?
(165) A J, P.’s can hold commitment hearings, Superior Court 
Judges can hold commitment hearings, Judge of the City Court can 
bold commitment hearings and Recorder's Court can hold commitment 
hearings, and the mayor of the City of Dublin and the Mayor Pro­
tein, when they are sitting as Recorder can hold commitment hear­
ings,

The usual procedure is for the inferior courts to hold com­
mitment hearings and not for the superior court, over which you 
Preside, to hold commitment hearings?

^ells I would say, in Laurens County, I hold more commitment 
brings than the J. P’s and the REcorders and the City Court of 
Dublin combined.

^  this commitment hearing you took no evidence, did you?
No’ b®cause they didn't want a hearing.

A By Charter.



220

Q You took no evidence on the question of a bond?
A No, the bond is in the discretion of the presiding magis­
trate.
Q And you exercised that discretion to set the bond in the 
same amoaunt as the Chief of Police had set?
A That's correct.
Q Now, I believe you were asked whether or not any Negroes had
volunteered for the auxiliary police and you answered no?
A No, I said not to my knowledge.
(166) Q No public notice is given for volunteers, is there?
A Asking for volunteers?
Q Yes, sir?
A Not to my knowledge, but the public does know that they 
are volunteers.
Q But no public notice was given to anyone as far^as you know!
A Not to my knowledge.
Q As a matter of fact, Chief Josey does most of the requesting) 

doesn't he?
A That, I couldn't answer.
Q So you don't have itty personal knowledge whether any Negroes 
have ever been asked to volunteer for the Auxiliary Police Force? 
A I have none.
Q How recently has it been since you have had Negroes on the
Police Force?
A I would think they were hired about March of this,year,



221

prior to that I swore in two Negro deputy sheriffs, 
q When was that?
A Probably in January or early February of this year.
Q So to the best of your knowledge and information there has 
been no Negroes who had served either on the police force or as 
deputy sheriff until 1965?
(167) A The By-racial Committee, or Human Relations Committee, 
had requested the employment of Negro policemen and I think it 
went for a period of two or three months in investigating to 
make certain that they got qualified policemen and two were hired. 
Prior to that Sheriff Bussell and I discussed it as to Negro de­
puty sheriffs and we swore in two Negro deputy sheriffs.
Q That was in this year of 1965?
A Yes, all in 1965. Now, this registration drive with SCOPE 
kegan on July 1st, but it was several months prior to the begin- 
ning of that.

How far is Todd's Service Station from down town Dublin?
I would say, from the court house, I would seven or eight 

blocks, roughly, or three quarters c£ a mile.
 ̂ And that is in the Negro community?
 ̂ Yes.

Judge Ward, why did you not close Todd's Service Station.
A %  did I not?
Q That's right?
A ,

was not requested to. The crowds, except for the pickets,



222

had I closed Todd Service Station then possibly it would have 
been construed that I was not allowing the pickets to picket.
(168) Q It might be construed that you were not allowing Mrs, 
Todd to continue to operate her business too?
A We discussed that, and I told Chief Josey that in the event
any difficulty arose to close anything around there. You seem, 
apparently, to question either my authority or the wisdom of it, 
now, I think this --- 
MR. MOORE:

Judge, I don't think that is responsive to the question. 
THE WITNESS:

Your Honor, may I be allowed to explain?
THE COURT:

Yes, you can, go ahead.
THE WITNESS:

I think this, that any judge of any court has a responsibi­
lity to see that all of the citizens are treated equally whether 
it is required by an Ex Parte order or otherwise. You will re­
call the other day, it was in the paper, that a child was run 
over in Fort Deposit, Alabama --- 
MR. MOORE:

Your Honor --- 
THE COURT:

(Interposing) I do think that is getting a littleoout of U”6’ 
but you can go ahead and tell anything affecting you, Judge.

L



223

the WITNESS:

Well, I think in the interest of holding down any possible 
violence when you have got two, three and four hundred people 
milling around in a half a block area that a judge has to use 
his discretion and play things by ear.
Q Well, Judge, at the time you entered the order, there was 
no picketing taking place?
(169) A At the time I entered the order?
Q Yes?
A I wasn't out there. No, I didn't go out to see if there 
were, I know that it stopped the next day.
Q You entered the order on the 12th, late in the afternoon on 
August 12th, didn't you?
A Yes, there wasspicketing taking place, because I went out 
there again on that afternoon and I talked with Attorney Jackson. 
Q You went out to the Glenwood area?
A That's right.
Q And talked to Attorney Jackson?
A Yes, sir,
 ̂ What time were you out there?

RoughtlvT about six o'clock.
Are you testifying that there was picketing at 6:00 o'clock 

°n the 12 th?
1 will say there were large crowds congregating because when

 ̂t torney Jackson came across the street there were some five or



224
s i x  with him and quite a number of people in the general area.
Q Now, you are sure you were there on the 12th?
A The day the order was signed.
Q Was that the same day that you were driving through?
(170) A No, that was the second day. I have at the bottom of 
the order "Amended at the request of Attorney Tomas Jackson so as
t o  include the entire building at approximately 6;00 P. M.", 
August 12th."
THE COURT:

Anything else?
MR. MOORE:

Yes, sir.
Q Now, it is your testimony that the people who had gathered 
were on the other side of the street opposite the station, is 
that correct?
A B oth  sides, but primarily the other side.
Q The Negro people were on the opposite side of the street at 
the Glenwood Soda Fount, is that correct?
A And at the Thomas' Recreation Center.
Q And at Thomas Recreation Center?
A And at the houses in the general area.
Q And the white people who had come out and were milling a*
round the area, they were in the service station, weren't they?
A That was what I testified to.
Q And the pickets were just walking up the street by t h e m s e l f



225

A That's correct.
THE COURT;

Anything else?
MR. MOORE;

Yes, sir.
(171) THE COURT:

Well, confine yourself to the relevancy of the case. I 
haven't objected to anything, but you have been rambling.
Q Now, you never thought it was important to close the service 
station?
THE COURT:

I think you have asked him that, have you not?
THE WITNESS:

I think I told you that I told the Chief to close the fil-
station, if he thought it was proper, and the service sta­

tion did close.
Q But it was not included in your order?

It was not included by name.
And that:Was where the difficulty was out there in the area, 

wasn't i t ?

That was where the picketing was.
NR. MOORE;

That's all.
THE COURT:

right, you may go down. Now, listen, lets confine the



226

case to relevant testimony. What you all have been doing this 
morning, I don't see any relevancy. I have been letting you all 
go along, and if I have got to call a halt I just as well do it, 
I certainly want both sides to get in all of their evidence, but 
I don’t want to keep going like it has been going this morning. 
I certainly want to give both sides a fair trial but there cer­
tainly has been a lot of rambling by both sides.

All right.

(172) WILLIAM D. JOSEY.
SWORN FOR THE DEFENDANTS, TESTIFIED.

ON DIRECT EXAMINATION
BY MR. HAYES:
Q I believe you were sworn yesterday, werw you not?
A I wa s.
Q State your name?
A William D. Josey.
Q What do you presently do?
A I am Chief of Police of the City of Dublin.
Q How long have you been so employed?
A Since March of 1964.
Q Would you state to the Court ---
THE COURT:

(Interposing) Excuse me just one minute. You have closed, 
have you not, and this is his witness?



227

MR, MOORE:
We rested,

THE COURT:
I mean, you have rested?

MR. MOORE:
Yes, sir,

THE COURT:
And this is your witness?

MR. HAYES:
Yes, sir, Judge Ward was our first witness.

THE COURT:
And he was put up as an adverse witness.

MR. HAYES:
Yes, sir, he was called by them for the purpose of cross ex­

amination.
THE COURT:

All right, you may go ahead. I just wanted to get it straight.
(173) Q Will you describe to this court the organization of 
the Dublin Police Force, the Dublin Police Department, on the 
12th day of August, 1965?
 ̂ Exactly what do you mean by the organization?

How many police officers did you have on the payroll of the 
Îty of Dublin that day?

The entire Police Department consist of nineteen police of- 
liners, including myself.



228

Q How long has these nineteen police officers, so far as num­
bers are concerned,been employed?
A Well, it varies. When I was appointed Chief of Police in 
Dublin there were fifteen officers, including the Chief, and it 
has been increased in size this year up to nineteen and on August 
12th there were nineteen full time police officers.
Q Does that nineteen include yourself?
A Yes, sir, it does.
Q Now, do you have officers in your police force?
A I do.
Q State to the court the organization of the police force with 
reference to trank?
A There is one Chief and one Lieutenant.
Q Will you name the Lieutenant?
A Lt. Vernon Deloach is a plain clothes detective. He handles 
all. the investigations, burglaries, burglary complaints, of any 
nature. He handles any investigation that concerns the (174) Po- 
lice Department in detail. He holds the rank of Lieutenant. 
There are four Sergeants, Shift Sergeants. One is assigned to 
each shift. There are three regular shifts, eight and a quarter 
hour shifts, with a Sergeant in charge, plus a relief Sergeant 
and a relief officer that are deployed on various shifts primarily 
when the relief Sergeant, or when the regular Sergeant is on 
pass the Relief Sergeant is in charge of his shift, e x c e p t  on 
the weekends or holidays and so forth, the relief Sergeants and



229

relief officers are usually assigned to the more active shifts. 
q what are the duties of these Sergeants?
A They are to instruct the men and they hold a responsibility
of seeing that the laws and ordinances sf the City of Dublin are 
enforced.
Q What hours do you work as chief?
A No specific hourss but usually from 12 to 16 hours a day.
Q How many hours are you on subject to call?
A Twenty four hours a day.
Q How manay days a week?
A Seven days a week.
Q Now, will you give us, briefly, the available equipment fur­
nished the Police Department in reference to automobiles and so 
forth?
THE COURT :

I think he went through that yesterday, did he not? Didn't 
he testify they furnished them automobiles and (175) everything 
on yesterday?
MR. HAYES:

Judge, may I say this?
THE COURT:

Go ahead.
MR. H A Y E S :

He testified to various sketchy points on yesterday. Now, 
ttlere maybe a little repetition in some of this witness* testimony,



230

but to substantiate our counter claim that is allowed, and also 
to refute this injunction feature about this individual not doing 
his job, it is extremely necessary to my case on both the suit 
brought by them and the counter claim that I examine this officer 
in detail.
THE COURT:

Well, let me ask you a question right there in connection 
with your counter suit filed, or what is your counter suit for?
MR. HAYES:

It is a counter claim against the plaintiffs and other indi­
viduals of like kind which they have brought the suit stating 
that they have come into the City of Dublin and theyjf are guilty 
of illegal picketing and violating the ordinances of the City of 
Dublin with reference to blocking traffic and side walks and 
egress and ingress of streets located within the City of Dublin 
and they are picketing in such a manner.
THE COURT:

Well, what are your damages?
MR. HAYES:

That they are invading the constitutional rights of these 
property owners that they are picketing so as to not allow them 
to use their property and make a living.
THE COURT:

That is a question of damages?



231

MR. HAYES:
Yes, sir, and the fact that they are doing it to suchan access 

that it is taking the entire police force of the City of Dublin 
to take care of this particular group and leaves the rest of the 
city out or unguarded.
THE COURT:

And your question of damages, as you have stated, is caused 
by the picketing?
MR. HAYES:

Yes, sir.
THE COURT:

All right, I just wanted to get it straight in my mind.
MR. HAYES:

Now, may I proceed? 
the COURT:

I think under that, although it is straining at nats, and 
îke I say we are getting a lot of testimony in here this morning 
that I don't think has anything to do with the real issue, and 
I have not tried to raise any objections because I want to give 
both sides a full hearing, and if you think it is necessary, why, 
y°u go ahead.
MR. HAYES:

T do, Judge, if not, I would not be putting it in.
THE COURT:

1 don't think you would. All right, go ahead.



232

Q Do you understand my question?
A You asked as to various police equipment that I have. I have 
three patrol cars, two solo motorcycles and one scooter.
(177) Q Now, do you have any gas equipment for mob violence 
and so forth?
A I have, I believe, four canisters of tear gas stored in the 
utility room st the police department.
Q Who has charge of that?
A 1 have sole charge of it and keys to the room.
Q Well, suppose a policeman wanted to use some of it and —  
MR. MOORE:

(Interposing) I object to that. That is a speculative ques­
tion as to what is supposed to be.
THE COURT:

Well, you can leave the word suppose out.
Q In case a policeman wanted to use some gas --- 
MR. MOORE:

I object to that,
THE COURT:

I think that is admissible. I don't know what is coming up 
in the testimony, but I read^ something in the petition or answer 
about gas,
MR. HAYES:

Yes, sir, •



233

THE COURT:
I think that is admissible.

Q All right, I will rephrase it just a little though.
THE COURT:

Well, do that.
Q What is the procedure for using that gas?
MR. MOORE:

I object to that, Your Honor, that it is a leading question 
and this is his witness.
THE COURT:

X don't htink that is leading. I will let him ask that.
(178) THE WITNESS:

The strict procedure in the Police Department, the Chief of 
Police issues the order as the use of gas or anything of that 
nature that is to be used.
MR.MOORE:

X move to strike the first part of his answer as being a 
conclusion without evidence to support it.
THE COURT:

The motion is overruled.
Q Proceed?
A T

1 am instructed that if any drastic measures are to be used 
at anytime the Sergeant in charge will be consulted, if the Chief 
of p°lice is not available.Q 'pQ your knowledge, during the past three months, has any of



234

that gas supply been used by the City Police Department?
A There has been none used in the past year or year and a half, 
there has been none used.
Q Chief Josey, in these schools that you attended, which you 
testified to yesterd^r, can you be more specific as to what - or 
rather who were the actual instructors in those schools?
A They were qualified instructors from the Federal Bureau of 
Investigation. They were specialists in their field.
Q And what were the fields?
A Various fields on police administration, crowd and riot con­
trol, public relations, records and so forth.
Q Now, I hand you an affidavit here that is dated (179) August 
21st, 1965, which has been offered in evidence by the petitioners, 
signed by one Maxium Carl Rice. Have you previously read that
affidavit?
A I have.
Q Are the facts alleged in that affidavit true?
A They are not.
Q Now, do you recall the time when Max Rice was allegedly as­
saulted by Preston Horton?
A I do.
Q What date was that?
A That was on the 25th day of July, 1965.
Q What time?
A It was approximately 8r00 P. M., I would say.



235

Q Where did this occurrence take place?
A It occurred near the side walk on Bellevue Avenue, or near 
the City Hall, between the City Hall and the side walk.
Q Did you see the incident?
A No. I only saw part of it. I heard the scuffle and I turned 
and went to him and pulled this Preston Horton off Max Rice.
Q Do you know what caused the scuffling?
A No, I don't know what caused it, actually. There was quite 
a gathering in the general area. The situation was becoming tense 
and explosive and I had instructed the Sergeant 
MR. MOORE:

I object to that. There is no foundation for (180) the wit- 
ness characterizing it as a tense and explosive situation. 
the COURT:

Well, he is a police officer, Chief of Police, and he was 
êre and is testifying to what he saw.
MB. MOORE:

But we don't have the benefit, Your Honor, of what this wit- 
ness didn't see —
THE COURT:

(Interposing) Well, you will get him on cross examination 
and can ask him.

Tell the Court exactly what took place on that occasion?
T had instructed Sergeant Daniels to move the people out of 
Immediate area because they were beginning to gather in



236

numbers and the situation was beginning to get out of hand, so 
to speak. They: were chanting back and forth and the s i t u a t i o n  was 
becoming tense and as I say I instructed Sergeant Daniels to move 
the white people out of the area and I, myself, was talking to * 
there were about 10 or 11 Negro boys and girls, and asking them 
and was in the procedure of moving them out of the area.
Q When you say out of the area, where were they located?
A They were located between the City Hall and Bellevue, on
the side walk of Bellevue Avenue.
Q Was that at the church?
A Between the City Hall and the church. The church was d̂irect' 
ly across the street, the First Baptist Church.
(181) Q Where were they when you first saw them?
A When I first saw them, they marched up to the First Baptist 
Church.
Q Describe what happened?
A They apparently asked ---
MR. MOORE:

(Interposing) I object to what apparently happened, Your 
Honor.
THE COURT:

I sustain your motion on that.
Q Just tell what you know and what you saw?
A They conversed with the ushers or members of the First Bap­
tist Church in a group and I came up and I heard them being told



237

that they would not be admitted.
Q Now, you have nothing to do with the policies of the church?
A Nothing whatsoever.
Q All right, go ahead.
A They were told by members of this church that they could not 
be admitted and a discussion arose as to why, a very brief dis­
cussion, and they began singing and chanting, and this Carl Rice 
was in the crowd, and I moved them across the street from the 
church. I believe church services started at 8:00 o'clock and 
they were just beginning, and they stood across the street and 
sang for some, I would say ten or fifteen nimutes, chanting and 
a crowd began to gather. White people were beginning to move in 
fairly close to them and a crowd began to gather and I instructed 
(f82) my men t0 move them out of the area, to clear the immediate 
area> and was in the process of doing this when I heard the com- 
notion between this Carl Rice and this Preston Horton.
Q Where was Max Rice at that time?

When I saw Max Rice at that time- well, I didn’t know who 
was at that time, but there was a scuffle and I turned from 

ŵ t I was doing and ran to it and I could see the fight, they 
^nda gathered around, and I caught hold of Preston Horton 

nC* Pû ed him up off him, and I saw that it was Maxiurn Carl Rice 
n ground and Sergeant Walden was there about that time.
Q Who is he?
A is Member of the Georgia Bureau of Investigation.



238

Q What is his first name?
A Henry Walden, H. L. Walden. He had Preston Horton by one 
arm and I turned to one of my officers, Fuqua, and told him to 
take the subject inside and book him and charge him and I turned 
around to see the condition of Max Rice and he was still on the 
ground, near the side walk, and I used a walkie-Talkie Radio that 
I had and advised my dispatcher to dispatch an ambulance to the 
scene.
Q Was that done?
A It was done.
Q Then what was done? Then what happened?
(183) A I helped them load Maxium Carl Rice on a stretcher and 
placed him in an ambulance and sent one of my officers with the 
attendant in the ambulance.
Q What was the purpose of sending one of your officers with
him?
A The attendant was alone and couldn't load him by himself and 
therefore he couldn't unload him and I sent Officer Hightower in 
the ambulance with him.
Q Did you see Maxium Rice immediately before the s c u f f l e  that 
you have described?
A No, not immediately before, I had seen him in that area. He 
was walking up and down and running up and down the side walk in 
that general area, going to this group of colored people, and 
then moving off out of my sight. It was dark at this time. It



239

was getting dark about 8:00 o'clock.
q How long did tthse individuals remain at the First Baptist 
Church there on the side walk?
A I would say about ten minutes. 
q And what were they doing during that time?
A They were singing and chanting;, so to speak.
Q Did Maxium Rice make any complaint to you concerning this 
incident?
A None whatsoever.
Q Did anyone?
(184) A No one has made a complaint to me, or filed a complaints 
no.
Q What was done at the time - or was anything done at the time 
to Preston Horton?
A Preston Horton was arrested and placed in the city jail, 
charged with disorderly conduct.
Q has that case been disposed of?
 ̂ It has.
Q Who is Preston Horton?
 ̂ He is a white male, approximately 38 years old. He has 
black hair. He is a former member, some years back, he has been 
employed by the City of Dublin as a policeman,
 ̂ Was he, on that date, employed by the City of Dublin?
 ̂ No, and has not been I know since 1 have been Chief of Po- 
lice °f Dublin.



240

Q Is he a member of the auxiliary police force?
A He is not and never has been.
Q Now, with reference to this statement of Maxium Rice that
I have exhibited to you says this: "During the time I was being
beaten Chief Josey was present and about eight other policemen, 
Neither Chief Josey or any of the other policemen did anything 
to prevent the beating or to help me. They just stood. Some 
standby pulled the man off me. I heard some one say "stop that 
fellow."
(185) A That's a lie. I pulled the man off him. I went di­
rectly to him when the commotion occurred.
Q Is that statement that I have just read you true?
A It is not.
q Is any part of it true?
A No part of it is true. Well, yes, the part that the police­
men were in the area is true.
MR. MOORE:

I move that be struck, the witness can state the facts that 
he knows.
THE COURT:

I think that is what he is endeavoring to do. I guess he 
got the cart before the horse, you would say, but he was getting 
to it when you objected. He was getting to it. So, you may 1°

ahead.



241

THE WITNESS:
The part that there were policemen in the area is true,

Q How many policemen were in the area at that time?
A All the policemen on duty were in the area,
Q How many was that?
A That consisted of about eight,
THE COURT:

Let me ask you a question; You said that one of the parti- 
cipants in this fight was former policeman. Who was the other 
man? Was he a native of Dublin or not? Read it. I think he 
said in the first part of that affidavit,
MR, HAYES:

AH right, sir, "Now comes the undersigned Officer author-
hed by law to administer oaths Maxium Carl Rice9 (186) 23s white,
who being first duly sworn, deposes, and says;

1 live in Columbiavilie, Michigan, In April 1964 I graduated
fro® Oakland Universitys Rochester, Michigan, with a B, S. De-
r̂ee* Following graduation I worked for the Ethyl Corporation
ŝearch Laboratory, in Ferndale, Michigan, I plan to enter a
Geological School this fall. I am now a Summer Volunteer with 
SCOPE" ....
GE COURT;

(Interposing) Thatss all right. I just wanted to find out who 
°ther man was. One of them was a foremer policeman of Dublin and



242

I just wanted to find out who the other man was and where he was 
from. Go ahead.
MR. HAYES:

All right, sir.
Q Now, in this affidavit it further says that "just before the 
attack I and another white person, along with about twelve Ne­
groes, had been conducting a prayer virgil, protesting racial 
discrimination at the church. At first we attempted to stand 
near the front of the church with our heads bowed and pray. 
Chief Josey moved us across the street to the City Hall side." 
Is that true?
A In part. I believe they did bow their heads. I donft know 
if they were praying, and I waited patiently until, oh, some four 
or five minutes until they finished before I  moved them across 

the street.
MR, MOORE:

I object to the characterization that he waited patiently. 
That is a conclusion of the witness.
(187) THE COURT:

He can state about how long he waited. Go ahead.
THE WITNESS:

Oh, I would say three to five minutes.
Q In other words, you Waited for them to finish praying?
A Yes, sir.
Q You waited a reasonable time?



243

A Yes, sir.
Q All right, go ahead.
Q And then I moved them across the street. The church services 
were beginning. I asked them to leave the immediate area because 
the crowds were beginning to gather at that time.
Q Did you ask the crowd to move off?
A I did. I asked my officers to move them back.
MR. MOORE:

Your Honor, I hate to interrupt him, but I object to this 
type of questioning. This is Mr. Hayes' witness and I don't think 
leading questions are proper.
THE COURT:

I think he was asking from the affidavit. I think the affi­
davit was by one of your witnesses. That is just a matter of de­
tail. what he is asking now, I think, is to get over your object- 
i°n to the fact that he had not laid the proper foundation and 
he is trying to show that it was getting out of hand. That is 
ffl7 recollection of it, and I think this witness’ testimony that 
he moved the people back across the street and (188) other mat-
ters there, I think that is admissible.
MH. MOORE:

ês> sir, but I don't think he can do it by leading ques­
tions,
THE COURT:

êli> I don't think it has been exceedingly leading. He was



244

reading mostly from the affidavit of your witness. Go ahead, you 
may proceed. I will overrule yourmotion on that.
Q This affidavit further says: "While we stood there a city
fireman threw oil of mustard on us." Did you see any such a 
think happen?
A Nothing of this nature happened. I was in the area ---
MR. MOORE:

(Interposing) I object to that and move that the answer
be stricken in that it is not responsive.
THE COURT:

He asked him if any oil of mustard was there. He has tes* 
tified that it was under his custody and control.. So, you may 
proceed.
MR. MOORE:

Your Honor, I don’t think that is exactly ---
THE COURT:

(Interposing) Well, I think I am the one to judge whether 
it is relevant or not. Go ahead.
Q Had oil of mustard been thrown were you in position to have
seen it?
MR, MOORE:

I object to that, Your Honor.
THE COURT:

I overrule your objection.



245

MR, MOORE:
That is speculative.

THE COURT:
I overrule your objection. I think it is admissible. Go 

ahead,
THE WITNESS:

I would have. I was in the area the entire time directing 
the operations of my policemen. I have seen no indication of 
any gas of any type used and I have had the occasions to use tear 
gas in the past and I know the effects of gas and there was none 
used and there was none in the air.
MR. MOORE:

Now, I move to strike that testimony, One, it is specula­
tive and, two, it is irrelevant to the question asked.
THE COURT:

All right, now, what is speculation?
MR. MOORE:

He said that he would have been in a position to see it, if 
it had been done.
THE COURT:

That is not speculation. That is a direct statement.
MR. MOORE;

There is noeevidence before the Court respecting tear gas 
this witness has testified abaout.



246

THE COURT:
That was in the affidavit, was it not?

MR. HAYES i
It says "oil of mustard", Your Honor.

THE COURT t
That is a part of your affidavit that oil of mustard was 

used, and I think that is a direct statement, and certainly it 
is admissible for him to state that it wasn't true,
MR. MOORE.*

I don't think he can establish by this witness that oil of 
mustard is in fact a tear gas.
THE COURT i

Well, it is in that affidavit. What is it, (190) oil of 
mustard or tear gas, what was it?
MR, HAYES:

Your Honor, the affidavit says that the "City Fireman threw 
oil of mustard on us."
THE COURT.*

Did you see any evidence orf that?
THE WITNESS;

There was no evidence of gas or any mustard or anything of
that nature in that area,
THE COURT:

All right, I think that is admissible.
Q The affidavit further says: " I approached two police



247

officers and asked them who threw the oil of mustard and they 
said that it would be impossible to find that person."

Was there any report made to you of that?
A None whatsoever,
Q The affidavit further says : "As a result of the oil of mus~
tard most of the girls were crying and one girl was blinded."

Did you have any reports of any individual being blinded?
A No, sir.
Q Did you see any individual being blinded?
A No, sir. These prople were freely moving around in that 
area. There was nothing to indicate that any of them were blind 
or any way in part.
Q Did you observe them yourself?
A I did. They were singing and chanting. I talked with them 
and ask them to go their homes or go back to the colored (191) 
ohureh which they marched from to this First Baptist Church and 
they continued to sing and chant, and I was in the process of mov- 
n̂g them when this incident occurred.
Q Then what happened?

I heard the scuffle and turned and arrested this Horton sub-
ject. ^  officers immediately cleared the area, the entire area. 
Thi sWas the only arrest made, this Preston Horton. These Negroes
Were S°ne in just a few minutes and the Whites leared and was no 
h°uble at all.
 ̂ Now, this affidavit further says: "I asked police officers



248

to call and ambulance and they refused."
A I called an ambulance myself for this Rice fellow, or had 
the dispatcher to dispatch one. The ambulance came and there was 
only one operator and he stated to me that he was the only on 
duty at that time and I sent Officer Hightower with him.
Q Now, this hit and run incident, as referred to in this affi­
davit, do you know whether or not that was a city case or a state 
case?
A It is a state case.
THE COURTS

What was that? I never heard anything about that.
MR. HAYESt

Shall I read it to you, Judge?
THE COURT;

Yes, read that portion of it.
MR. H AYES:

The affidavit further says : "On or about Tuesday, August
17th, 1965, I had a collision with another (192) motorist in
Dublin 
THE COURT:

(Interposing) That was another case, was it?
MR. HAYES.”

Y e s ,  s i r ,  but this is in evidence.
THE COURT t

All right, go ahead.



249

q "At the time of the accident the motorist and I exchanged 
names, addresses and telephone numbers, and I then drove over to 
Americus and later went to Atlanta. Upon my return Wednesday, 
August 18th, 1965, I was stopped by two policemen on the Dublin
Police Eorce. The officers took me to the City Hall and filed
charges. At the City Hall they showed me a piece of paper which 
said I was charged with hit and run. From the Sity hall they
took me to the county court house. . I was jailed at the county
court house without benefit of having bond set. I asked to be
let out on bond. They said they would not set any until 9:00
o'clock the next morning. I stayed in jail until 9:30 the next
morning when I was released on bond in the amount of three hund­
red security." I will have to get to that later.
THE COURT:

All right.
Q I believe you testfied that there were no other arrests made 
at ̂ at time other than Preston Horton?
 ̂ None that I know, none that I recall.
THE COURT:

Anythingkeise?
NK. HAYES:5'

Yes, sir. 
the COURT:

Well, we will take a five minutes recess.



(193)
THE MARSHAL:

Take a five minutes recess.

(NOTE: Accordingly, at this point a recess was then had from
11:25, A. M., until 11:32, A. M., at which time the proceedings 
were resumed as follows.)

THE COURT:
All right, you may proceed.

Q (By Mr. Hayes) Chief Josey, where were you on August 11th, 
1965 at about 8:00 P. M.?
A I was on Glenwood Avenue.
Q Where?
A Near the Todd's So-vice Station.
Q Where?
A In the City of Dublin, Georgia.
Q Why were you there?
A I had been called there by Sergeant Harden in respect to 
the situation that was developing there concerning some picketing 
of this station and crowdds of people gathering in the streets on
the side walks ih this area.
Q How long did you remain in that area?
A I was In that area for approximately and hour and a half or
two hours. When I arrived there there were a nunb er of pickets 
in front of Todd's Service Station, a number, I would say, of

250



251

approximately 50. The side walks were completely blocked. The 
drive ways were blocked at this service station. There were
(194) crowds across the street from this service station on the 
Glenwood side and on the Warbash side. There were people in the 
streets moving back and forth from the picket line. The entire 
area there, I would say, for a block « the streets and side walks 
were blocked from these crowds of people that had gathered in 
that area. There had been a fight at this service station. Some 
of these pickets had attempted to beat the colored attendant 
there.
MR. MOORE:

I object to that, Your Honor, unless he can identify the per­
sons.
the COURT:

I think he could say certain pickets. He wouldn’t have to 
identify them by name. He could say certain pickets.
MR. MOORE:

Your Honor, I would suggest, if I may, that he would have 
t0 because no one has been charged yet with any assault and bat-
l8ry 0r assault with intent to murder or anything.
T® COURT:

I understand that, but he said he went there and he saw 
k£Se Packets around there. I don't know whether he knows the
X3Ct 0nes 0r not, but he said some pickets. Did you say a pic- 
ket’°r Pickets?



252

Some of the people in this area - now, these people were 
picketing. There was no specific ones for any length of time, 
They were running back and forth across the streets in groups, 
changing frequently, with these pepple that were gathered across 
the street participating at times. There was no system at all, 
Sergeant Harden reported when he arrived (195) there that some 
of these people had attempted to beat this colored attendant and 
I talked to him and asked him who it was -—
MR. MOORE:

(Interposing) I object to that, Your Honor.
THE COURT:

Just one minute. When he gets through then* you can raise 
your objection.
THE WITNESS:

I talked to this colored attendant and asked him who it was 
i-hat attempted to beat him and he advised me that he didn*t know 
the ones. It was dark at that time and I asked him - I advised 
him that I would furnish a patrol car to take him home. It was 
about time for this station to close, to take him to his home 
and he replied "Chief, I have been living in this town all of my 
life, I have been walking back and forth home, and I am not going 
to let these Negroes bluff me out of going about my normal rou­
tine. I am going to walk home tonight,"

THE WITNESS:



253

the C O U R T :

Well, X think, perhaps, that would be inadmissible, this 
conversation, but I think by his identifying and saying some pic­
kets had a fuss or fight there there, or something, I think that 
is admissible, because you wouldn't have to identify a man if 
you say " I was out there and I saw such and such a thing.Why, 
that sis admissible. I overrule your motion as to that, but his 
conversation with this boy, who was the attendant, I will rule 
that out. as hearsay evidence. All right, you may proceed.
Q Can you identify that?
A This is a sketch of Glenwood Avenue in the City (194) of 
Dublin, Hudson street to Warbash street, this is a sketch of the 
area in question*
Q All right, Are you familiar with that area?
A I am. Q Are you familiar wi th that sketch?
 ̂ I am.
Q Does that* with the exception of not being drawn to scale, 
does that represent the designated area?
 ̂ It does.
THE COURT:

Well, submit that to counsel, if you will.
MOORE:
?our Honor, we will agree that it represents the area, but

tllere d-s one aspect of it that I cannot agree and that is whether 
0 n0t ^  lEuelv reflects the number of pickets.



254

Well, is there any nunb er of pickets designated on there? 
THE WITNESS:

Not that I see.
MR. MOORE:

They have dotted lines which confuses me. I don't know 
whether they intend to show by that the way the pickets walked, 
or their route of walking, or the number of pickets, I wonder 
if he could clarify it.
THE COURT:

What do you say to that? Do you say there were pickets? 
MR. HAYES:

Yes, sir.
THE COURT:

Does that represent the number of pickets?
THE WITNESS:

No, sir.
(195) Q What is this?
A This is the area in which the pickets were carrying on their
picetingo 
THE COURT:

But it does not designate the number of pickets, is that
right, Mr. Witness?
THE WITNESS:

No, sir.

THE COURT:



255

MR, MOORE:
It just designates the way in which they picketed?

THE WITNESS:
Right.

THE COURT:
Then there is no objection to it?

MR. MOORE:
No objections.

THE COURT:
All right.

THE WITNESS:
There was no specific number - well, at times there was a

great number, fifty or sixty or more--
MR. MOORE:

(Interposing) I move to strike that.
THE COURT:

Why?
MR. MOORE:

is not responsive. It is not the question before the wit"
ness.

tHE COURT:
^ at was the question you asked?

THE WITNESS:
He asked if these dotted lines represented the pickets.



256

But not the number?
THE WITNESS:

That's right.
THE COURT:

Is that your question?
MR. HAYES:

No, sir. He questioned him. I didn't ask (196) him that. 
MR, MOORE:

I didn't question him, Your Honor,
THE COURT:

Well, who is doing the questioning out there? Which one of
you all?
MR. HAYES:

Well, I have been trying to.
THE COURT:

0. K, Well, I think he just raised his objection, and I 
want the question that you propounded to him.
MR. HAYES:

I haven't yet.
THE COURT:

All right, go ahead, and then see if he has any objection. 
Q Will you describe, using that sketch, will you describe to 
the court what you found with reference to the pickets during
this time you observed them?

THE COURTl



257

 ̂ When I arrived there were approximately, 1 would say between 
45 and 60 pickets, or people carrying signs on the side walk di­
rectly in front of Todd's Service Station on the side walks and 
across the drive ways. In fact, I had to turn and drive into the 
area on the Warbash side. These people, some of them were c a r r y ­

ing signs and some of them were not. There were people lined on  

both sides of the street four and five deep. There were people 
going back and forth across the street from the picket line in 
groups, in droves, so to speak.
MR, MOORE:

I object to the word "droves”, because it is too indefinite, 
Your Honor.
THE COURT:

All right.
(197) THE WITNESS:

Well, in groups of more that two. 
the COURT:

You say in groups of more than two?
THE WITNESS:

Yes, sir.
COURT:
AH right, I think with that, I think that is admissible.

IHE WITNESS:
!he traffic in this area was at a halt. The side walks were 

0cked and the streets. The traffic travelling on Georgia 19



258

was hazardous due to these pepple in the street.
MR. MOORE:

I object to that, Your Honor, about it being hazardous. 
THE COURT i

Well, /Du might - well, I am not trying to tell you what 
to say. Well, I will sustain you as to that word hazardous. Go
ahead.
Q  Can you be more specific?
A I assigned officers to try to eliminate the traffic conges­
tion and the blockading of the streets in this area when I ar­
rived. I radioed to Police Headquarters for Lieutenant DeLoach 
to bring me a fog horn or loud speaker, so to speak, and when it 
arrived I addressed these people. I addressed them as Chief of 
Police and advised them to clear that area and to go to their 
homes, that this was an unlawful assembly, that the side walks 
and streets were block, to leave that immediate area and go to 
their homes. I advised them that if they did not go to their 
homes and clear the streets and side walks that they would be 
arrested.
(198) THE COURT.*

Well, did they leave immediately?
THE WITNESS;

No, sir. They made no attempt to move. I gave this command 
several times, more than three, and advised them that if they 
didn’t move that they would be arrested for violation of city



259

ordinance 26-22, that they had blocked the streets in that area, 
the side walks were blocked, there were people standing on the 
sidewalks four and five deep. They made no attempt to move. I 
radioed previously to this to the police department and had my 
entire police department called on duty, the men that were off 
duty, I had the reserved department called in for duty, and some 
ten minutes later when they began arriving * I waited there some 
tenor fifteen minutes until some of these men could arrive. The 
entire shift that was on duty was in that immediate area. I told 
these people that if they refused to leave this area and relieve 
this situation that they would be arrested and when they refused 
to move and comply with this order they; were arrested and taken 
to the county jail.
Q How many times did you give this order?
* More than three. I used this fog horn - I stepped upon - 
there was about a two foot high cement block here, right near 
this intersection of Warbash and Glenwood and I addressed the 
People on the Glenwood side and then I would turn to the Warbash 

and be sure that the sound carried up and down both streets 
"n t*lat entire neighborhood.
(199) q After you gave the last order, gave the order the last 
tl®e> what did you then do?

1 commanded my officers to arrest them.
 ̂ How long a period of time or interval took place in giving 
first order and the first arrest?



260

A Approximately ten or fifteen minutes.
Q And what interval of time took place between the last order
and the first arrest.
A Oh, I would say some few minutes.
Q Would you say how many?
A Three or four minutes. I talked to Sergeant Harden. They 
were making no apparent effort to move and I had him to give the 
order. I gave the order to him to proceed with the arrest. There 
were two deputy sheriffs in the area, and all of my entire depart­
ment that was on duty was in the area.
Q How many police officers were in the area, to your knowledge,
at that time?
A Therw were approximately eight at that time.
Q How many officers of the Sheriff*s Department was there?
A Three.
Q Were there any other officers there?
A Sergeant Walden of the Georgia Bureau of Investigation was
there.
(200) Q Where was he?
A He was near me. He was standing very near me.
Q How long did he remain injt that area?
A During this entire time.
Q Were there any officers that you know of that was in that
area?
A Lt. DeLoach was in the area.



261

q Were there any other officers?
A No, that I recall. There were police officers, Sheriff's 
deputies, Lt. DeLoach and myself and Sergeant Walden.
Q Will you describe to this court the incident -- Strike that. 
Where were you when the arrests were made?
A I was in a command position, so to speak. I was standing 
on about a two foot concrete block observing the entire area.
Q From Plaintiff's Exhibit No. 2, can you identify your loca­
tion?
A I was standing on this block right here.
Q Where?
A There is a block right here, Judge. You can see the inter­
section of Glenwood and Warbash.
Q Will you identify that location on that sketch?
 ̂ This is the intersection of Glenwood and Warbash right here. 
(Indicating on sketch)
(201) q From that position, what could you observe, Clef Josey?

I could observe the streets of Glenwood arid Warbash, the en­
tire area.
 ̂ What did you see taking place?
MOORE:
Your Honor, I hate to make this type of objection, but I 

îftk that is a little too vague. What did you see taking place?
THE c o u r t  j

I don't see how you could make it more explicit, what did 
y°u see?



262

MR, MOORE :

Suppose nothing was taking place. Your Honor?
THE COURT:

What?
MR, MOORE:

Suppose nothing was taking place,
THE COURT:

He could testify to it,
MR, MOORE:

He is suggesting to the witness that something did take
place.
THE COURT:

I just don't know how it could be any more explicit then to
ask him: What did you see?
THE WITNESS:

I could see these streets block and I could see the side walks 
blocked, I could see the entrances to this service station
blocked,
MR, MOORE:

I object to that, Your Honor, as being a mere conclusion of
the witness,
(202) THE COURT:

Well, I don't know, I think the witness, especially a Chief 
of Police, who has had experience, can testify whether the road 
was blocked or not. I just don't see how he could be more expH^



263

than what he has said.
THE WITNESS:

I would estimate that there were 300 Negroes in this imme­
diate area. They were moving back and forth across Glenwood Ave­
nue in groups of more than two at no specific intervals, and the 
streets were crowded throughout this time; .
Q Were there arrests made?
A Yes, sir, there were arrests made.
Q Did you observe these arrests?
A I did.
Q What did you see?
A When I directed my officers to arrest them they immediately 
took hold of the onest nearest them and placed them in the patrol 
cars and the others began to disperse at this point and move back 
and began moving out of this area after my officers began placing 
them under arrest and in these cars, and they began to disperse 
immediately after Reuben Gamble was arrested. I observed him 
across the street jumping up and down and telling them not to 
move but to stay there and not to move.
THE COURT:

Wh° is Reuben Gamble?
the WITNESS:

He is the man sitting there at the table.
THE COURT:

The one that came into court without a coat?



264

THE WITNESS:
That's exactly right.

(203) Q Is he one of the plaintiffs in this case?
A is,
Q Will you point him out?
A He is sitting to the left of Lawyer Moore.
Q All right, go ahead.
A After he was arrested and placed in a car they began to dis­
perse and ninety percent of them moved from this area up to this 
SCOPE building, went directly to this SCOPE office, after the of­
ficers began arresting them. They moved from the area of this 
service station and crowded in and around this SCOPE office that 
was approximately a half block up south on Glenwood, about 700 
feet, I would say, from this Todd Service Station.
Q How many were arrested at that time?
A Fifty two, I believe.
Q Did you observe any violence on the part of any of the po­
lice officers?
A No, I didn't. The arrest was very orderly. There were no 
incidents at all. The arrests merely consisted of taking hold 
of them by their arms and placing them in the car. Some of then 
would drag back but I wouldn't consider that as resisting. Af­
ter the officers took them by the arm they went very ouitely to 
he police car. There were no incidents at all that I observed.



265

the COURT:
Did you see any beatings by the officers of any of them?

THE WITNESS:
None whatsoever.

(204) Q Did you observe, yourself, all of these arrests?
A Yes, I did.
Q Where were - what equipment did these arresting officers 
have with them at the time of the arrests?
A These men were equipped with crash helmets, their regular 
uniforms, consisting of cartridge belts and holsters and night 
sticks. These night sticks were on their belts,
Q I will ask you whether or not you saw any"police officer 
with a night stick in his hand?
A I saw no police officer with a night stick raised.
MR. MOORE:

I object to that and move to strike the answer.
THE COURT:

Why?
MOORE:
On the ground it is not responsive.

THE COURT:
He asked whether he saw it or not.

MH. MOORE:
He asked did he see any police officer with a night stick 

n His hand, and the witness answered that he saw no night stick
raised.



266

THE COURT:
Well, I think that is admissible*

THE WITNESS:
The night sticks were on their belts.

THE COURT:
They were on their belts?

THE WITNESS:
Yea, sir.

THE COURT:
Wells 1 think that answers it.

Q Wow, Chief Joseys the affidavit of Samuel Jackson, offered 
in evidence in this case, sworn to on the 21st of August, (205) 
1965, says, among other things: "On Wednesday August 11th, 1965,
about 9:00 P. M*, I was picketing the Todd Service Station in
Dublin." Then it goes on to say: " 1  think Mrs* Todd c a l l e d  the
police. After the first group of police came, the second group 
arrived. Finally Chief Jpsey came and told us to disperse and 
go home. We kept on marching. Josey told us again to go home. 
We then started to go home and he said "You are all under an 
arrest. At that time I was crossing the street on my way home.
A Negro police officer grabbed me and took me to the car. As he 
was taking me to a car a quite police officer came over and hit 
me in the stomach with his fist. I caught my stomach and went 

into the car. Tfaentfchey drove us to jail."
Did you see any such a thing happen?

A No, I did not. And I received no complaint of such a "thing
happening.



267

q Do you know whether or not any such incident did take place? 
A It did not.
0 He goes on further --- 
MR. MOORE:

(Interposing) I object to that, Your Honor, and move to 
strike the answer on the ground that it is not responsive. He 
asked if knew whether any such incident happened, and he said it 
did not.
THE COURT:

Well, that answers it. I don't see how he can be more ex­
plicit than that.
(206) M R .  MOORE:

Your Honor, he asked if he knew.
THE COURT:

Well, he said he didn't see any such an incident and that
no complaint had been filed. I am overruling your objection on
that.

HR. MOORE:
Pardon me. Your Honor, one further question, Will Your Honor 

c°nstrue the answer as being one that he did not cknow?
THE OOURT:

ês> go ahead.
 ̂ Wd the incidents that I read to you from this affidavit 
take Place?

they did not, as stated there. I did come to that area.



268

1 gave the orders to disperse and to go home several times and 
when they refused to go they were arrested.
Q This article further says? "They put about 40 of us boys 
in one cell in the county jail. On Thursday night they hot ssose 
gas into the jail. The gas gave me a headache."

Did that happen?
A So far as I know, it didn't. The Sheriff maintains and op=
erates the county fail.
Q Have you ever had any reports that it did happen?
A None whatsoever, no complaints in any way, shape, form or
fashion.
Q Now, I read from an affidavit offered in evidence in this 
case by Frank Stanley, which says, in part? "On Wednesday, (201) 
August 11th, 1965, at at about 9 ?30 P. M., I was standing in 
front of the Glenwood Soda Shop. A white policeman, Mr. Jerry
Daniels"

Do you have a white policeman by the name of Jerry Daniels
on your force?
A I did.
Q ““ was running a colored boy down the road swinging at him
with a club." Was Jerry Daniels on duty at that time?
A He was.
Q Did you observe at the time and place you testified to?
A I did.
Q Did you observe him at this time at 9 ?30, P. M., on August



269

Uth, 1965?

A I did.
Q Is this incident here about a white policeman, Mir. Jerry 
Daniels, running a colored boy down the road swinging at him 
with a club true?
A No, it isn't, so far as I know.
Q "Then he came back up the street where I was by the car.
Ke szid, I said run, and I started walking across and Mr. Dan­
iels started swinging at me with the club!* . I turned around 
to keep him from hitting me on the head. He started hitting me 
on the hand and arm with his club. He kept hitting at me, I 
kept ducking." Did you see any of that?
(208) A No, sir.
0 Is that true?
 ̂ That's not true.
®. MOORE:

I move that the witness' answer be struck, because if he 
not see it, he would not be in position to say whether it 

was true or not!
COURT:

said he didn't see it. If it had happened, would you 
have seen it?
1HE WITNESS:

Judge, I was observing the entire area and was observing 
Officers as they arrested these people, and I have already



270

testified that the arrests were very orderly. They offered prac­
tically no resistance. The arrests were procured by taking these 
people bodily by the arm and taking them and placing them in the 
partrol car and transporting them to the county jail.
THE COURT;

I will let him go ahead.
Q "About nine months ago I was shot through the nose and the 
bullet lodged in the back of my head. I am not even suppose to 
even bump my head. As I was backing away another policeman came 
up and caught me by the arm and both officers started twisting 
my arms." Did you see that?
A No, I didn’t.
Q Were you in position to see it?
A I wa s.
Q Did it happen?
A So far as I know, it "did not. I received no complaint of it.
(209) Q "They put me in the car and took me to the county jail) 
on Thursday night, while I was in jail, they shot some kind of 
gas into our cell." Did you have any complaint of any gas being 
shot into the cell?
A None whatsoever.
Q Was any shot in there?
A None.
Q Did Frank Stanley, or any other person make any complain
concerning there facts that he has testified to?



271

{j Now, did you make any arrests at a place called NAACP Head­
quarters and the SCOPE Headquarters?
A I dids
Q When was that?
A These people moved from across the street and this SCOPE 
Headquarters is approximately 700 yards south on Glenwood Road.
These peopled moved and congregated in that area. They ere ar­
rested in front of Todd's Service Station. They merely moved a- 
bout, I would say 700 feet, down south on Glenwood and congre­
gated in and around this SCOPE Headquarters.
Q What did you then do?
A I moved down the street and addressed these people and ad­
vised them to leave that immediate area and go to their homes or 
they would be arrested.
(210) Q Then what happened?
A They were arrested. This Scope Headwarters is kind of a 
car belter sort of deal at the rear of this building, and they 
Were standing under this shelder in and around this building and 
%  refused to leave and they wer® arrested.
 ̂ Were there any doors to this Headquarters you have described? 
 ̂ ?es, Row, under this shelder sort of a thing there was a 
°̂°r 0n hack further into the rear of that building.

Did you handle these arrests yourself?
I was in that area.

A None whatsoever.

A



272

Q Did you have a conversation with these individuals before 
they were arrested?
A Not individually. I advised them to leave this immediate 
area and to go their homes and they made no attempt. They just 
merely moved down the side walk about 700 yards to in and around 
this Scope building, I mean about 700 feet.
Q Now, did you make any arrest at the Scope Headquarters that 
you have just described?
A I did.
Q State the circumstances?
A These people wee gathered in and around this Scope Headquar­
ters, and as I stated they moved down there directly, say, 700
feet north, and after they refused to leave and clear that area
I had them arrested.
(211) Q Why?

A To keep the peace and to restore law and order to this entire
area for the protection of all of the citizens.
MR. MOOREl

I object to that, Your Honor, and move that it be striken. 

There is not proper foundation to show that.
THE COURT i

I donJt know whether it would be or not. He has testified 
from what he saw himself and what he knows himself. I will let
it remain in evidence.



273

MR, MOORE:

We object to it as self-serving also.
THE COURT:

I understand and you can file your exceptions if you so de­
sire.
Q Did you observe these arrests as they were being made?
A I did.
THE COURT:

That is in the event the cases go up. I am not assuming 
anything, but I meant if you so desired you could file your ex­
ceptions .
Q Now, I read you this affidavit by Gwendlen Davis in part,
which says: - or Gwendlon Lewis, which says: "On August 11th,
1965, Wednesdayynight, between the hours of 9:25 and $ :45 Offi-
cer Herton - $louybu have an officer on your police force by that 
name?

A I do not.
 ̂ Officer Herden,came to the door of the NAACP officer and 
Informed us that anyone wanting to go home could and some of 
1̂2) the people started out of the door, and the officer told 
them that they were under an arrest for unlawful assembly, and 
âdy was on the telephone talking to the FBI and Officer Fu-

mia11*.. ,ao you have an officer Fuqua?
A I do.
Q .j,smashed the receiver and he stood there about two or three



274

minutes with the telephone still in her hand and another member 
was dictating and Chief Josey snatched the paper out of her "hand 
and grabbed her arm and told all of us that we were under an arrest 

and before all of this- about eight or ten officers were outside"- 

let me read that over: "about eight or ten officers were outside
before they came in in cars from East Dublin, County deputies 
and city officers were all around there to carry us down. We 
were carried to the county jail and booaked and locked up. In 
about 30 or 40 minutes we had to go down and have pictures taken, 
Wednesday night we slept on the floor."

Now, ylu say you do not have an officer Herton on your po­
lice force?
A No, sir.
Q Did you observe Office Fuqua while he was making these ar­
rests ?
A I did.
Q Did he smash the receiver of the telepone?
A He did not.
(213) Q Did you snatch any paper out of somebody's hand who
was dictating?
A None whatsoever. I arrested Linda DeNotie in that area.
Q Are these statements that 1 have read to you from this affi­
davit true?
A They are not.
Q Now, 1 read to you an affidavit from Mrs. Emma Gene B. Th0DiaS|



275

22, Negro.
1, MOORE:

You mean Negro?
MS, HAYES:

I said Negro. You must have misunderstood me.
Q "On Wednesday, August 11th, 1965, I was in the NAAGP office 
at 222 Glenwood Avenue in Dublin. This office is also used by 
Scope, About 9:30 in the evening Chief Josey came with some 
other police officers. He said all that we want - all that want 
to, can go, Some people started walking out and then he said,
"I am going to count to three and arrest you all - are going to 
jail" -- I will read that over. "I am going to count to three 
and the rest of you all are going to jail." Is that ture?
 ̂ That is not true. I amde no such statement.
 ̂ Chief Josey told us to line up and ordered the officers to 
put us their cars." Is that true?
 ̂ No, that is hot true.
(214) Q "I g0t p0n ce car with three other fellows and
^ere was no room for me. The police told me to crawl over the 
^ree Allows. They took us down to the jail. I stayed in il 
n̂esday night" —  well, you wouldn't know about that. Those 
tements that I have read to you , are they true or not true. 
They are not true.
'"rom y°ur own personal knowledge?
ês> they are not true.



276

Q Now, I have an affidavit here from Shirley Bolden, I will 
adk you if you have any case pending in the Recorder’s Court of 
the City of Dublin against Shirley Bolden?
A I have none.
Q Do you have oneopending against one Herman Kirkland?
A I have none.
Q Do you know of your own personal knowledge whether or not 
there are any cases in Laurens County pending against Shirley
Bolden and Herman Kirkland?
A I believe there are state cases pending against them.
Q Did you investigate the dockets to find out?
A Yes.
Q What did your investigation reveal?
A They are charged with misdemeanors, returnable to the City
Court.
(215) THE COURT:

What were the misdemeanors?
THE WITNESS:

This Shirley Bolden, there was a warrant sworn out. She was 
arrested on a warrant,
THE COURT:

You wouldn’t know what the warrant was for?
THE WITNESS t

No, sir, not exactly. It was for a simple assault, I belief'
And this Herman Kirkland ---



277

MR.MOORE;
(Interposing) I object to that, Your Honor. The warrant 

would be the highest and best evidence?
THE COURT:

Well, I imagine it would be. Perhaps the Court should not 
have asked that question.
MR. HAYES;

We will prove that, Judge.
THE COURT;

Well, if he has read the warrant over and knows of his own 
knowledge, then I think it would be admissible. You need not con­
sider that question and answer. I rule that out.
HR. HAYES:

All right, sir.
the witness :

Herman Kirkland was arrested on a public drunk charge.
Q Do you know that of your own knowledge?
A Yes, I do.
Q Is that in the Recorder’s Court?

No, it will be tried in the City Court. He was arrested by 
3 deputy sheriff.
THE COURT:

Nell, I don‘t know if any cf that would be admissible in eon* 
nection with this case here.



278

(216) MR. HAYES:
Yes, sir. Your Honor, excuse me.

THE COURT:
Go ahead.

MR, HAYES:
I have a motion in this case, along with these other cases, 

to dismiss this removal petition here, the City of Dublin Vs 
Shirley Bolden and Herman Dirkland on the ground that there is 
not pending prosecution in the Recorder9s Court and has been none 
against these individuals.
THE COURT:

Well, I am going to take all of these motions up, and these 
affidavits. I think you have moved to strike all of these affi­
davits because you didn’t have an opportunity to cross question 
them, but the attorney said they were all here in the event you 
did want to cross question them.
MR. HAYES;

Yes, sir.
THE COURT:

Therefore, I am going to withhold all of my judgments on 
those until I render my decision in this case.
MR, HAYES:

All right, sir. I just wanted to tell you the reason why.
THE COURT:

That's all right.



279

MR, MOORE .*
Your Honor, I would just like to state tha t if the facts he 

states are true then he wouldn't have any standing to make a mo­
tion to dismiss.
THE COURT:

Well, I am going to rule on all the motions that he has made 
and aU the motions that you have made - the Court Reporter has 
got it in the record. He is taking everything (217) down, and 
I will, take those motions one by one at the time I go to render 
my decision.
MR. HAYES:

All right, sir, may I proceed, Judge? 
the COURT:

Yes.
Q I read from an affidavit by Winney Howard which says, in 
part, as follows : "On August 11th, 1965, I was picketing in
front of Todd's Service Station. About 8:30, P. M. I stopped 
Picketing and went across the street to a cafel While I was sit- 
Piog there X heard people yelling and soTlwent to the window to 
See what was happening, I saw two policemen beating a man that 
W3S wearing a white shirt," Did that happen?

No, it did not.
People began to crowd into the cafe so I went back to my 

eat and then a policeman came to the door and told us to leave
L
e would shoot tear gas into the building." Do you know of



280

your own knowledge whether that happened or not?
A It did not.
Q "I didn't want tear gas, so I left and went to the NAACP of. 
flee where I had been doing volunteer work. After being there 
about ten or fifteen minutes Chief Josey came with some other of* 
ficers. Chief Josey told us to go home if we didn't want to go
to jail." Is that true?
A No, it is not.
Q "I did not move until he said that we were under an arrest.11 
Is that true?
(218) A None of that is true.
Q "At that time a policeman hung up the telephone that was 
Bernice Turner was talking on."
A I don't know if she hung up the telephone.
Q I will re-read that sentence.” "I did not move until he said 
that we were under an arrest." Now, the next sentence: "At that
time a policeman hung up the telephone that Bernice Turner was 
talking on." Now, did you see that happen?
A I did not.
Q Did it happen?
A No, it did not.
Q "Chief Josey grabbed Linda DeNotie by the right arm and said*

"All right, lets go." Do you know Linda Denetie or DeNotie?
A I do.
Q Who is she?



281

A She is an individual who has been in Dublin for some three 
or four we’eks associated with this Scope and --- 
Q (Interposing) Do you recognize that picture?
A This is a picture of Linda DeNotie;
Q Which one is she?
A She is the lighter one on the right.
THE COURT:

Let me see it.
THE WITNESS:

Now, the other picture is the subject making this affidavit.
(219) Q Doyyou know her address?
A It's Ft. Bragg, California, I believe.
Q She is from California?
A Yes, sir.
Q "In front of the building I was put in the Sheriff's Depart- 
ment car arid taken to the county jail” I am still reading 
from the affidavit of Winney Howard, "where I stayed until Fri- 
day' August 13th, 1965. My first night at the jail I slept on 

floor. The jail was dirty and unsanitary." Is the Laurens 
County jail dirty?

I have been in the Laurens County jail many times, and I 
ave never seen it dirty and unsanitary. It is one of the:nicest 
i in this part of the country. It is the Conrad Hilton of 
116 jails, you might say.



282

MR. MOORE;

I object to that, Your Honor. There is no foundation for 
that. The witness is not competent to testify as to how the 
Laurens County jail compares with other jails.
THE COURT;

What question did you ask him?
MR. HAYES;

Well, I will withdraw all of that.
THE COURT;

All right.

Q Just describe the Laurens County jail to the court, will
you?

A The Laurens County jail is a new and modern jail. It is 
air-conditioned and is very sanitary. It has many modern features: 
Q How many times a week are you in that jail?
(220) A Three to fifty times, I would say.
Q Have you ever seen it in a dirty and unsanitary c o n d i t i o n ?
A Never.

Q On Friday, about 9; 15 A, M., a man who I believe was a GBI 
Agent came into our cells withtthe jailer, Mr. Bob Sellars, and 
told him not to serve any more food until the place was c l e a n e d

up." Was that true?
A I don*t know.

Q Was any complaint ever made to you by Winney Howard, or f°r 
anybody for Winney Howard concernign the statements that he has
made that I have read to you?



283

A None whatsoever.
Q None whatsoever?
A No, sir, on none of these statements. There has never been 
any complaints made to me as Chief of Police of theOCity of Dub­
lin.
Q Now, X read from an affidavit by Jimmie Lee Guyton. It is 
in evidence in this case? Jimmie Lee Guyton, 21, I live at 310 
iarbash Street, Dublin, Georgia," It says in part, as follows:
"On Thursday, August 12th, 1965, I was picketing Todd’s Service 
Station. I had been picketing about an hour and I was arrested 
by Dublin Police. At the time of the arrest we were just walk­
ing around quitely in front with our signs." Ts that true?
A No, it is not true.
(221) Q The police told us to get out of line. They only 
wanted six of us to march. We kept marching quitely around. We 
werewalking on the side walk, on the Glenwood side and we were 
n°t blocking the drive way," Is that true?
A That is not true.
 ̂ The police punched me in the stomach with his stick and 
boldine to get in the car." Did you see that happen?
A No> I didn/t 
 ̂ It didn't happen?
A No, sir.

He didn’t tell us what we were charged with. I worked at 
estation before Mrs. Todd Took it over



284

THE COURT:

(Interposing) Did you go through all of those?
MR. HAYES:

Yes, sir. Your Honor, there are several in there that I 
think says nothing, as far as I am concerned, and I am not go- 
m g  to take up the time of the court on those.
THE COURT:

That's up to you. You handling the case.
MR. HAYES:

There are one or two that I will have to use other witnes­
ses on.
THE COURT:

All right.
Q Chief Josey, how long have you been Chief of Police of Dub­
lin?
A Since March of 1964.
(222) Q Do you have an auxiliary police force?
A I do. I have a p®lice reserve unit.
Q Who set that system up?
A I initiated it in the City of Dublin.
Q Would you describe the initiation and the present set up of
this police force to the Judge?
A These a?e: peoples and citizens who live in the City of Dublin and 
the immediate area. They are selected by the members of this or­
ganization now. In the beginning they were selected solely by



285

the Chief of Police on basis of character and physical fitness 
and so forth. They are used in times any emergency or natural 
or man made disorders. They are used primarily to relieve the 
regular officers from routine assignments, such as traffic con­
trol and radio operators, to make my regular officers available 
for more serious tasks in case of disaster or emergency. These 
men are uniformed similar to the regular police department. Their 
uniforms arepppid for by themselves. They have put in, oh, thou­
sands of hours in service to the City of Dublin. Each one of 
them has had at least 80 hours of class room training. They 
have had in-service training with the regular officers of the 
Dublin Police Department. Their uniforms and equipment are paid 
for throught various means, fund raising means, their service 
and these uniforms has not cost the City of Dublin anything, the 
Wty of Dublin has born none of the expense. As I say, they have 
d̂ (223) at least 80 hours of class room training on proper 
police procedures and subjects relative to police work and regu- 
Isrly concerned with police work, and they also receive in-service 
Gaining with a regular officer. These people do not make an 
arrest. They are merely there to assist the regualr officers.

Ually they are assigned the less hazardous duties of traffic
ntrol and operation of the communication of the police depart­

ment.

^ en wa® this system set up?
A About May of 1964, in May of 1964



286

Q How many members do you have at the present time?
A Twenty-two,
Q Are they all white?
A They are.
Q Have you had - or how do these people become members of the
organization?
A They make application exactly as a regular police officer
would -~
MR, MOORE:

(Interposing) I object to that, Your Honor. I think the 
application itself would be the highest and best evidence.
THE COURT:

Do what?
MR, MOORE:

The application itself would be the highest and best evidence. 
He is testifying to the writing of other persons not c o n n e c t e d

with this case, and - 
THE COURT;

(Interposing) Writing, did you say?
(224) MR, MOORE:

The application.
THE COURT:

Oh, you say that the application itself would be the highest
and best evidence?



287

MR, MOORE:
Yes, sir.

THE (DURT:
As to whether they made application or not?

MR. MOORE:
Yes, sir, and also --- 

THE COURT :
(Interposing) Well, I think if he knows of his own knowl­

edge he can testify to it.
Q Go ahead.
A They amke application the same as a regular officer. Their 
character is investigated and they are brought - their back 
ground and their qualifications are reviewed by the Sergeants in 
the reserve unit and they are brought before the Chief of Police 
who has the final say as to whether the man is accepted or not.
 ̂ Are these applications available to anyone?
A They are.
Q Regardless of race, creed or color?
A They are.

Have you had any applications from any Negro applicants?
A Hot to my knowledge. None has come across my desk for re­
view.

 ̂ you have any Negro officers on the DublingPolice Force? 
(225) A i have two.

When were they employed?



288

A About four or five months ago.
Q Did you have authorization to employ Nefro policemen before 
you employed the two you now have?
A I did.
Q How long had you had authority to employ two Negro police­
men before you employed them?
A The Chief of Police has the full authority to hire and fire 
anyone he deems necessary in the Dublin Police Department.
Q Do you have ---
THE COURT:

Anything else?
MR. HAYES:

Yess sir
Q Has there been any other picketing in the City of Dublin 
other than the picketing at the Todd Service Station that you
have described?
A There has. There has been picketing at the Colonial Stores,

and Winn-Dixie.
Q When was that?
A On several occasions along the last of July and the first
of August.
Q Do you know of your own knowledge who this picketing was done
by?
A They were done by Negro boys and girls. They were (226) 
carrying signs; reading "SCOPE and NAACP". They were p rotesting



289

various things, and these signs bore the name of SCOPE or NAACP. 
Q Did they have the authority to do this picketing?
A They were issued a permit by the City Manager.
Q Are you familiar with the permit?
A I am.
Q What were the terms of it?
A That there would be no more than six packets at any one 
time in front of these businesses, and -- 
MR, MOORE:

(Interposing) I object to that, Your Honor. I think if 
there is a regulation or ordinance with respecting to picket 
that the regulation or ordinance itself would be the highest and 
best evidence.
THE COURT:

I think you are right.
MR, HAYES:

Your Honor, there is no ordinance on that. Well, that's all 
right.
 ̂ Could you describe this picketing to the Court?

Yes, sir. It was carried on at Piggly-Wiggly and Winn-Dixie 
d it consisted of six of them marching up and down in front of 
Stores and usually there would be a crowd gathered around,

^ Police department was constantly having to deploy its entire 
SetVe in t,le areas to maintain the peace, to keep the peace in



290

these areas and protect these pickets from bodily harm by by
standers and so forth.
(227) THE COURT:

Well, listen, it is 12:30 now, and it is my usual custom to 
adjourn at 12:30 and come back at 2:30. So, Mr. Marshal you may
recess court from now until 2:30 this afternoon.
THE MARSHAL:

Take a recess until 2:30.

(MOTE: Accordingly, at this point the proceedings were
then recessed from 12:30 P. M., until 2:30 P. M., of the same 
day, at which time the proceedings were resumed as follows.)

THE COURT:

All right, you may proceed.
Q (By Mr. Hayes) Chief Josey, were any arrest cases made 
against any of the demonstrators that were demonstrating and 
picketing at Will-Dixie?
A No, sir.
Q For how long a time did they picket Winn-Dixie?
A I don’t know. You mean in days?
Q Yes, sir .
A Three or four days, I would say. I don't know exactly."
Q Did you have any - was there any trouble or incidents dur"
ing this picketing at Winn-Dixie?



291

A They were.
q State what they were to the court?
(228) A One Saturday morning I remember specifically that 
they were attacked by a white subject or harrassed by this white 
subject, and upon arrival at the scene I arrested this subject.
He was in his car, driving up the street, and he was charged with 
driving under the influence. He was under the influence of intox­
icants.
Q What did your investigation reveal as to what he did?
A He stated to me that he struck one of the pickets.
Q Was a case in the Recorder’s Court made against him?
A There was.
Q Has it been disposed of?
 ̂ It has been.
Q What was the dispotion of it?
 ̂ The bond was forfeited.
MR. MOORE:

I object, Your Honor, the records of the Recorder’s Court 
WOuld he the highest and best evidence.
IRE COURT:

ês» I guess they would. I sustain the objection.
Did you have any other incidents at the picketing at Winn-

D ix ie ?

ês> I had to have officers there constantly to keep down
troubie* It consisted of —



292

MR, MOORE:
I object to that, Your Honor,

THE COURT:
He said it consisted of something, Let me see what it con­

sisted of.
THE WITNESS:

It consisted various incidents that could have develpped in- 
to trouble, and I had to assign officers to that area constantly, 
In fact, it took my entire department constantly assigned to 
protect these pickets.
MR, MOORE:

I object to that and move that the answer be struck, Your 
Honor.
THE COURT:

I overrule your objection.
MR, MOORE:

May I state the grounds for the record, Your Honor.
THE COURT:

Yes, you can, if you want to.
MR. MOORE:

I object to it on the grounds that the witness' testimony 
is based upon a hypothetical situation and the witness has n°£ 
set forth anything upon which he drew this conclusion.
THE COURT:

I thought he did. I thought he said he had to keep his f°rc!



293

there all the time, that there was some harrassing and that he 
arrested a man that was drunk, and he said there were similar in­
cidents, as I recall. I will admit it. What is the relevancy 
of all that ^happened up there at Winn-Dixe to these cases? What 
is the relevancy of it? Both sides have been going into it.
(230) MR. H A Y ES:

They are claiming that they did not have adequate police 
protection.
THE COURT:

All right.
MR. HAYES:

And they are claiming further that 
ity, and that unjust arrests were made, 
rassement.
THE COURT:

And you are trying to show that is 
MR. HAYES:

Y e s , s i r .

the court :

All right, I guess it is admissible.
Now, can you describe the picketing that took place at the 

Colonial Stores?
Yes, sir. There were approximately six pickets that picket- 

Tn front of Colonial Stores for three to four days, and this 
ss during the same time that there were six more picketing in

there was police brutal- 
and that there was har-

not true?



294

front of Winn-Dixie. This necessitated having one group of of- 
ficers at Colonial Stores and one group at Winn-Dixie, and during 
tine time they were picketing, large groups or large crowds would 
gather in the parking lots and the general businesses of these 
areas were disrupted and the traffic was much greater and caused 
the streets to be heavily congested. The side walks were blocked 
for unreasonable length of time.
Q How long did this picketing in front of Colonial Stores con­
tinue?
A From three to four days, I would say.
(231) Q Did you make any arrests? Were any arrests made? 
Were any arrests made during that period of time?
A Not that I recall.
Q Did these occasions that you have described from the stand
this morning have any effect upon your police department?
A It did.
MR. MOORE:

I object, Your Honor.
THE COURT:

Well, I don’t know. Lets see what it is. I want to hear 
it first.
THE WITNESS:

It necessitated in using every available officer I had at 
my command to keep the peace and protect these pickets.



295

MR, MOORE!
I object to that. Your Honor. That is a conclusion of the

w it n e s s .

THE COURT:
I wouldn't say that. I think he would know. He said it 

took all his officers there to protect them arid keep the peace.
MR,MOORE:

There is no evidence, Your Honor, before the court that the 
police officers have in any way protected the pickets.
THE COURT:

That is what he is testifying to now.
MR, MOORE:

This is self-serving.
THE COURT:

Well, lets don't argue about it. I will admit it.
Q Go ahead?
(232) THE WITNESS:

It necessitated every officer on duty having to be assigned 
to these particular areas to keep the peace and protect these 
Pickets, and therefore other 15,000 or so people in Dublin were 
without protection.
MR. MOORE:

I object to that as a conclusion, Your Honor.
THE COURT:

I don't think it is a conclusion at all. I think it is re­
levant.



296

MR. MOORE;
There is no evidence that --

THE COURT:
(Interposing) Well, what you think, I am glad to hear it, 

but after all I am the judge of that.
MR. MOORE:

I know, Your Honor, but I would like to state my objection, 
THE COURT:

Well, I think you have. You contend that it is a hypothe­
tical question, and hypothetical questions are admissible in 
evidence, you know.
MR. MOORE:

Well, Your Honor, my objection is that there is no evidence 
to support any conclusion that this witness is making as to what 
happened to 15,000 other people in Dublin.
THE COURT:

Well, as I recall, the testimony was that there were 15 or 
17,000 people in Dublin, and the natural presumption is that they 
were supposed to protect the pepple at large and not any particu­
lar group. I think it is admissible.
Q All right, will you continue?
(233) A The Chief of Police is charged with protecting every 
citizen in Dublin.
MR. MOORE:

I think the law is the best evidence.



297

the COURT:
Well, I am admitting that evidence. I think it is admissi­

ble. You may go ahead.
THE WITNESS:

And these gatherings and pickets, so to speak, as I said, 
necessitated my officers being in that area constantly and there­
fore they had devote their full time in keeping the peace in this 
particular area and protecting these pickets and consequently 
the other services rendered by the police department had to go 
lacking.
Q If these picketings, as you have described, what effect will 
that have on your police department?
MR. MOORE:

I object to that, Your Honor. 
the COURT:

Overruled.
the witness :

In my opinion it would be detrimental to the police depart- 
ment. It would necessitate the police department to carry on 
their normal activities in furnishing equal and adequate protec- 
ti°n to all of the citizens of Dublin.
!®. MOORE:

I move that it be stricken.
THE COURT:

Overruled.



298

Q Chief Josey, based on what you have testified to and what 
you have observed during these demonstrations, in your opinion, 
have you furnished adequate protection, adequate police protects 
for these pickets?
(234) MR. MOORE:

I object to that, Your Honor,
THE COURT :

Overruled.
THE WITNESS:

I have furnished adequate police protection for these de- 
monstrations and picketings, but it consisted of using every 
available man at my disposal.
MR. MOORE:

I move to exclude that testimony, Your Honor.
THE COURT:

Overruled,
Q Now, this order - I believe you are familiar with it - I 
heblieve there has been questions about the order, signed by 
Judge Ward giving you the authority to close these places?
A I am.
Q Do you recall the date that order was signed?
A I believe it was signed on the 12th.
Q Of what month?
A August of 1965.
Q Was that order - did the Judge give you any further order



299

concerning that order?
THE COURT:

I think that has been gone into, hasn't it?
MR, HAYES:

No, sir.

THE COURT:

I think that has been gone into about certain buildings and 
everything.
MR. HAYES:

I am going to ask him this, and then I am through. I have 
not covered this with this witness.
THE COURT:

All right.
(235) Q Go ahead.
A He gave me a further order on the following day, on the 13th 
%  of August.
Q Do you have that order?
A I have a copy of it.
Q Will you read it into the record?

MOORE:

May I see it?
THE COURT:

Yes, let counsel see it.
HR. HAYES:

All right. Your Honor may I proceed now?



300

THE COURT:
Yes.

Q Read that into the record, please?
A "Georgia, Laurens County. The Court heretofore on August 
12th, 1965, issued an order closing or authorizing the closing 
of Thomas Recreation Center, Glenwood Soda Shop, and such other 
places as the Chief of Police, W. D. Josey, deems necessary in 
the interest of public safety and harmony, the Court having been 
assured by the owners and operators of said businesses that ttey 
will make a diligent effort to keep crowds at a minimum, it is 
ORDERED that said businesses be allowed to reopened so long as 
the safety of the General public is maintained. So ordered, 
this 13th day of August, 1965. Judge Harold E. Ward, J u d g e  of 
Laurens Superior Court."
Q When was that order given to you?
A On the 13th day of August, 1965.
(236) MR. HAYES i

The witness is with you.
—  --------------------CROSS EXAMINATION....------..... ..
BY MR. MOORE;
(240) Q Now, you testified earlier on direct examination that 
you stood upon a block at the intersection of Glenwood and Wat' 
bash Avenue, is that correct?
A I did.
Q On the night of August 11th, 1965, is that correct?



301

A That's right.
q Would you take this plan and draw an "X" mark on Plaintiff's 
Exhibit "P-2"., indicating and showing where you stood?
A Right here.
q Let the record show that the witness, Defendant Josey, has 
drawn an "X" mark at the intersection of Glenwood and Warbash 
Avenue on the south side. Is that correct?
A On the south side of what?
Q The south side of the intersection of Glenwood and Warbash 
Avenue on the corner where the Sinclair Service Station is?
A That's right.
Q All right. Now, is it your testimony that you stood at 
that intersection where this block was throughout the evening?
A No, it isn't.
Q Then did I misunderstand your testimony to the effect that 
you stood there from 8:00 o'clock until approximately 9:30?
A You did.
(242) Q is that a correct understanding?
A No, it is not.
Q Well, what was your testimony in that regard?

I testified that I stood on that block and used this fog 
0̂rn and addressed this crowd of people that had gathered in that 
area 0n the streets and side walks and in the streets.
 ̂ How long did you stand on the block?



302

A I don't know exactly.
Q Well, approximately how long?
A Well, approximately ten or fifteen minutes.
Q So, you were not continuously on the block from the time 
you first arrived at the station until you went down to the 
Scope office?
A No, I wasn't. I was in that immediate area, though..
Q You were moving around in the service station and on the 
street?
A I was supervising my policemen in carrying out their duties, 
Q My question was you moving about in the area?
A I am sure I was, and I am sure this necessitated my carrying
out my duties.
Q Now, approximately, how wide is Glenwood at or near the in­
tersection of Warbash?
A I don't know how wide it is.
(244) Q Would you say it was about fifty feet in all?
A Re-state your question.
Q I am asking you would you say it was fifty feet or more?
A Where?
Q The width of Glenwood avenue at its intersection with War-
bash?
A No, I wouldn’t,
Q Would you say that Glenwood Avenue at or near the interssn 
tion of Warbash is wide enough for three lares of traffic' on



303

each side?
A With cars paralleled parked, it is a two lane road. 
q when you say two lanes, you mean the traffic would be tra­
velling in two lanes on each side?
A I mean the traffic would be two lanes, one going north and 
onr going south.
Q If the cars were paralleled - parked?
A It's a two lane road.
Q Is that based upon your best judgement?
A It is.
Q Now, did you cause Lt. DeLoach to go out to the intersection 
of Warbash and glenwood Avenue on Monday and measure the distance 
across?
A I instructed him to measure the distance there at Todd's 
Service Station.
(244) Q you didn't instruct him to measure the distance across 
the street, did you?
A I instructed him to take such measurements as he deemed 
necessary.
Q All right, did that include the measuring the width of the 
street?
A No, it didn't.
 ̂ It did not?



304

A No.

Q But you do testify that is a large street there at the in­
tersection of Glenwood and Warbash Avenue?
A Large by what comparison?
Q It's a wide street by comparison to the rest of U. S. 19
on the out skirts of town?
A Well, I would say it is about 44 feet or 46 wide feet wide 
possibly.
Q Now, where you were standing at the intersection of Warbash 
and Glenwood, the Glenwood Soda Shop is across the street in a 
northwestly direction, is that correct?
A That's correct.
Q And the Sinclair Service Station is right there at the in­
tersection on the same side, is that correct?
A That's right.
Q Now, the crowd of people that you say were congregated over
here at the Glenwood Soda Shop, as shown on Plaintiff's Exhibit 

"P-4", these were Negro people, is that correct?
A Predominately.
Q Right here. This is a Negro neighborhood, isn't it?
A That's right.
Q You don't normally expect white people to hang out in a Ne­
gro neighborhood, do you? 
A Not normally.



305

Q And with the exception of the Scope work, Dublin is a 
normal town?
A So far as I know it is a normal town in most every respect.
Q Now, here on Warbash Avenue, as shown on Plaintiff's Exhi­
bit "P-4", Negroes live up and down this avenue, is that right?
A That's right.
Q As a matter of fact, this whole area in here is a Negro 
community, is it not?
A It is.
Q And the same is true for the other side of Glenwood and 
Gray, isn't it?
A It is.
(246) Q This whole area in here, where the directional sign 
is, is a Negro community, isn’t it?
A It is.
Q Now, you testified that Negroes were standing out on War- 
bash, didn’t you?
A I did. Some of them three and four feet deep.
 ̂ You didn’t see any white people on Warbash, did you? 

k Not that I recall.
As a matter of fact, you couldn't see too weel at that time 

night anyway, could you?
Judging by what, comparison by what, 12:00 o’clock in the

daytime?
 ̂ Well, I am asking you could you see well at that time of night?



306

A I could see well enough to carry out my duties, if that 
is what you are asking.

Q I am asking you could you see will enough to define people! 
A I could.

Q And by what illumination of light did you observe these 
people?

A Possibly from street lights.

Q Was there a street light?

(247) A As far as I know, there was.

Q Will you note on Plaintiff’s Exhibit "P-4U, where the street 

light is on the intersection of Glenwood and Warbash Avenue? 
Would you put an "X" there?

A Right about here. I am not exactly sure where the light 

is. If you have a photograph of this area and if there is a 

light in the area, I will identify it.

Q I am just asking you on the basis of your recollection, can 

you indicate where the source the light was?
A I won’t attempt to indicate it on this sketch. If you have 

a photograph of the area and if there is a light there I will 
be glad to identify it for you.

Q You can't independently identify it?

A I am sure there are several lights in the area.
Q But you can't recall?

A The specifications, no.

Q That's right. As a matter of fact, you didn't pay any

attention to the lights the night you were out there, did you’

A I don't suppose I had any particular reason to pay any at­

tention to the lights as to where they are located and so



307

Q All right. Now} there were some white people near the Sin­
clair Station, weren't they?
(248) A There were.
Q They were just milling around in the station, werenft they?
A There was some in the station and there were some in front 
of the station.
Q When you say in the station, you mean inside the station it­
self?
A Yes, that's right.
Q And there was some out in the area where the gas pumps
were?
A There were.
Q Is that correct?
A That’s correct.
Q And they were mingling around, weren't they?
A I suppose so.
Q Now, you knew that these white people didn’t live in this 
area> didn’t you?
 ̂ I am pretty sure they don't live in that immediate area.
 ̂ ?ou knew that they were not there purchasing any gas, didn’t

you?

A I didn't.
Did you make an investigation to find out what the white 

P-°Ple were doing there?



308

A There were some purchasing gas.

Q S0 , the business was being operated normally, is that cor­

rect?
A Well, it was being operated.

Q Now, you arrived there about 8:30,isn't that correct?

A Somewhere in that general time area, yes.

Q Would it be before 8:30 or after 8:30?

A It could have possibly been a little prior to 8:30.

Q And it could have been eight o'clock?

A No, I don't think it was exactly eight o'clock.
Q Now, when you first arrived you had some kind of a conver­

sation with an officer Horton?

A Sergeant Glenn Harden.

Q How do you spell that?

A H A R D E N .  (Spelling)

Q You don't have an officer Horton on your force, do you?

A No,

Q You have a Harden?

A Harden. (Spelling)

Q And you had some kind of a conversation with him?

A I did.
Q And according to that conversation, or according to your 

testimony yesterday it took about ten minutes to talk to him? 

(250) A I had quite a discussion with him.
Q And at that time, was he over at the Service Station or was



309

at some place else along the avenue?
A He was at the seviee station. When I drove up I parked my 
car near that service station
Q Did you park it inside the service station?
A What?
Q I say, did you park your car inside the service station?
A No, I didn't park it inside the building.
Q Did you park it inside the station where the pumps were?
A I parked it near the corner up there, at Glenwood and War- 
bash.
Q Was that where the service station is?
A Yes.

Is that in the perimeter where the station facilities are, 
for pumping gas?
A Yes, on the property of the service station.

AH right, will you place a "P" on Plaintiff's Exhibit "P-4" 
vhere yeurcar was parked?

I parked right in this general area here.
Let the record x show that the witness has placed a "P"

°n ̂ intiff's Exhibit "P-4" where his car was parked. Now,
V'nere was Sergeant Harden's car parked?

a It was parked further down Warbash, I believe.
Would you put an "H" where you recollect Sergeant Harden's 

Car âvlng been parked?
Somewhere in this area.



310

Q Will the record show that the witness has placed an "H" on 
Plaintiff’s Exhibit "P-V showing where Sergeant Harden's car 
was parked* Now, was there any other police car at the scene?
A I believe there was.
Q All right, were there more than one?
A Yes.
Q Do you have any independent recollection as to where those 
cars were parked?
A No, I don’t.
Q You don't have any independent recollection, do you?
A No, I couldn't say exactly where these cars were parked,
the exact location on this sketch,
Q Now, were there any auxiliary policemen present on the scene 
this evening?
A Not when I arrived,
Q Did you then summon some auxiliary policemen to the scene?
A I did. I had them summonsed to the station house.
Q To the station house?
A Yes.
(252) Q Did they come to the scene at Glenwood a n d  Warbash?

A Later on, they did.
Q Approximately what time was that?
A Approximately around 9:00 o'clock.
Q Did they come in cars?



311

A They probably came in cars and probably came in police cars.
Q Police cars. Do you have any recollection of where they
parked?
A No, I don't.
Q Do you know whether or not they parked on Glenwood or one 
of the —
A (Interposing) No, I don't.
Q You don't remember, But you do remember them driving up 
to the scene, is that correct?
A I remember them being on the scene. I don't remember them 
driving up to the scene.
Q All right. You did not keep your eyes on the policemen all 
the time they were there and at the time they arrived, is that 
correct?
A While they were in the area, I did.
Q And how many auxiliary policemen did you summons?
A When I arrived on the scene I looked the situation over and 
it seem to be getting out of hand, it seem to be reaching a peak 
where most anything could happen, there were people in the (252) 
streets on Glenwood, and ---

(Interposing) I want to know how many policemen did you 
summons there?

I radioed to the dispatcher and asked him to call all po- 
iicemen at the statio house and all policemen on duty.
 ̂ And how many was that?



312

A I have a total of nineteen on the Dublin Police Department, 
and I also advised him to call the reserve police.
Q Then you had a contingency of 41 policemen, is that correct!

A If they all had arrived, I would have, provided they all-ar­
rived, which they didn't.
Q Do you know whether all of them arrived or not?
A I do.
Q Did they all arrived?
A They did not.
Q How many did arrive?
A Approximately seven.
Q Approximately seven in addition to the eight that were al­
ready there?
A Yes.
Q So you had a total of fifteen policemen there on duty, is 
that correct?
A At what specific time?
(253) Q At about nine o'clock?
A About 9sOQ or 9s30 there were probably fifteen on duty.
Q Were they fulled armed?
A They were fully armed and under color of the Police Depart" 
ment.
Q That is, they were dressed in police uniform?
A Yes, sir.
Q Does that include the auxiliary police also?



313

A It does.
q Now, earlier in the day of August 11th, you had been out to 
Todd1 s station, had you not?
A Yes, I had.
Q And it was at that time that you had - lets call them horses} 
er barricades is that right?'
A That's right.
Q You had them put up?
A Yes.
Q And you had one of the drive ways to the service station 
blckaded, is that right?
A It was already blockaded.
Q 1 mean barricaded?
A I erected the barricades to prevent these people from being 
fun over by the customers trying to come in and out the traffic 
in general.
(254) Q All right, would you draw a circle or a line here in­
dicating on Plaintiff's Exhibit "P-4" wherein you put up the bar­
ricades?
A Where is the gas pump?
Q Well, just indicate generally where you put the barricades?

I will in relation to the gas pump.
 ̂ Could you indicate where the gas pump is?
 ̂ This is your map, suppose you indicate it.
 ̂ I am doing the questioning.



314

A I will show you, generally, where the barrixages were in 
relation to where the gas pumps were. There is no building on 
this sketch.
Q Where the barricades were?
A The barricade was on the Glenwood side.
Q On the Glenwood side closer to Warbash, is that right?
A Yes, on the Glenwood side of the service station.
Q And when you put up the barricades, did you intend that 
the pickets continue to picket in that area?
A Did I intend for them to?
Q That’s right.
A Not necessarily.
Q You didn't intend for the pickets to leave, did you?
(255) A I didn't intend for them to do anything. It was
not my intention for them to be there in the beginning.
Q Well, you put up the barricade, didn't you?
A I did.
Q Your testimony is that you put up the barricades to keep 
them from being run over?
A I did.
Q All right, so, you intended for the pickets to stay there, 
didn't you? Strike that. You barricaded that area in order that 
the pickets could picket in that area, is that right?
A That's right.



315

q And when you arrived at 8:30 in the evening, the pickets 
were picketing in that area, weren't they?
A They were,
(} That's right.
A In that entire area.
Q Now, I believe you testified that about nine o’clock you 
had to make some arrests?
A I did, somewhere in that time.
Q Now, on the night of August 11th, 1965, you arrested a total 
of 52 people, didn't you?
A I believe that's correct. I had it done.
Q And you had some of the arrested near the intersection (256) 
of Glenwood and Warbash and the others were arrested at the Scope 
office about 700 yards down the street?
A Yes, that's right, about 700 feet.
Q About 700 feet?
A Yes.
Q Now, did you arrest everybody at the SCOPE office?
A I don't know for sure.
Q Would it be your testimony that you arrested most of the 
?eoPle at the SCOPE Office?
 ̂ I would.
 ̂ Would that be at least 90 percent of the people that was up
there?
A At that time.



316

Anything more for this witness?
MR. MOORE:

Yes, sir.
THE COURT;

Well, lets get along with it. You all have just been deal­
ing with irrelevant testimony all the afternoon, and that applies 
to both sides. A lot of it has not been relevant.
MR. MOORE:

Would you mark this Plaintiff's Exhibit "P-5" and this one 
Plaintiff's Exhibit "P-6"?

(NOTE: Accordingly, same were then marked Plaintiff's Ex­
hibits "P-5 and P-6", respectfully.
Q Did you arrest Linda DeNotie?
A I did.
(257) Q You arrested her yourself?
A I did. I remember taking this person by the arm and taking 
her out to the patrol car. I am sure I turned her over to another 
officer to put her in the patrol and take her to the county jail* 
Q You arrested her from inside the Scope office?
A Yes.
Q Did you make out the ticket for the arrest of Linda D e N o t i e -  
A No.

THE COURT;

Q Do you know who did?



317

A I could look at my records and maybe tell you,
Q Do you --- 
THE REPORTER:

(Interposing) Spell that name.
MR, MOORE:

Donati. (Spelling)
Q Do you have a police officer on your force by the name of 
Orr?
A No.
Q I show you plaintiff's exhibit "P-5" and ask you if you re­
cognize it?
A It is a copy of a summons to Recorder's court of the City 
of Dublin.
Q It is issued to whom?
A Linda Donati.
(258) Q Would you examine it to ascertain who was the issuing 
officer?
A Lt. DeLoach was the issuing officer.
Q D°es his name appear on that?
A No, it doesn't.
 ̂ I says it was issued by Officer Oii, doesn't it?

If you are referring to who the arrest made by it indicates 
all on duty policemen were participating in the arrest.
So, the term "all" refers to all police officers on duty at 

ttle place of arrest, is that right?



318

THE COURT:
Is that "ALL"? (Spelling)

THE WITNESS:
Yes,sir.

THE COURT:
I thought it was "ORR".

Q But you in fact arrested her?
A I did.
Q Did you have any discussion with Lt. DeLoach after you ar­
rested Linda Denoti?
A Not that I can recall immediately.
Q Where were these tickets drawn up?
A They were drawn up at the county jail in the process of 
getting these subjects identified and booked, so to speak.
Q Were you present at the county jail?
A No, I wasn't. I was in this area where this trouble was.
(259) Q Was Lt. DeLoach in that area?
A He was at the very beginning.
Q Was he there at the time that Linda Donati was arrested?
A I don't know.
Q Did you have any conversation with Lt. DeLoach prior to ! 
the time that Miss Donati was booked?
A Many conversations. Just when do you mean?
Q Between the time you arrested defendant, Donati ---
A (Interposing) No.



319

q You did not?
A No.
THE COURT:

You know, I don't like to interrupt counsel. I just can't 
see the relevancy of all of this, about this woman being put in 
jail, and the conversations between the officers at tha t time. I 
just can't see the relevancy. I have sit idley by all day. I 
have just sit here all day wondering what its relevancy was. To 
my mind, there has been so much Irrelevant testimony.
HR. MOORE:

Well, I would like to push on, Your Honor.
THE COURT:

I wish you would come down here sometime when I am trying 
a law case. Of course, this is a law case too, but the lawyers 
in this section are good lawyers and they stick to the issue.
Q I will show you Plaintiff's Exhibit "P-6" --
(260) THE COURT:

Now, wait a minute, Is all of this relevant? On what basis 
is all of this relevant?

MOORE:
Well, Your Honor, I think it is relevant as to how the ar- 

rest was made and the circumstances leading to the charges that 
Were brought against the defendant. It certainly has certain 
P̂eaching value to it, Your Honor.



320

Well, I just can't see where all of this is relevant to 
the issues as outlined in your petition.
MR. MOORE:

Your Honor, I think we have made specific allegations that 
make it relevant?
THE COURT:

What, for instance?
MR. MOORE:

In the removal petition there are certain allegations re­
specting ---- 
THE COURT:

(Interposing) What, for instance?
MR. MOORE:

I think it is paragraph seven.
THE COURT:

Well, what is it?
MR. MOORE:

The one that different colored slips were used for different 
arrestees, and that they were issued by fictitious persons.
THE COURT:

Well, I just don't want you all —  you see, we have been 
here today and yesterday, two days, and have only examined two or 
three witnesses. How many have you examined?

THE COURT:



321

HR, MOORE:
A pproxim ately  f i v e .

THE COURT:
Five,

(261) MR. MOORE:
Pardon me. I was counting him twice.

THE COURT:
And then the Judge, and this gentlemen here, and the Judge 

of the Recorder's Court, who else have we had?
MR, MOORE:

Mr. Hayes.
THE COURT:

Go ahead. I am not trying to keep you from putting in your 
testimony. „All I want is relevant testimony.
Q So you recognize this as being a copy of the charges against 
Bernice Turner?
A It is.
Q And was it issued by the Police Department?
A It was.
Q Was it issued by an officer named "All Officers"?
A It was.
 ̂ Is that a pink slip?
A It is.

Is the other one, Plaintiff's Exhibit "P-5" a yellow slip?
A It is.



322

What is the difference if the offense is on a yellow slip, 
if one is on the yellow d.ip and one is on a pink slip?
THE WITNESS:

None whatsoever.
THE COURT:

There is no difference?
THE WITNESS:

There are three copies of a summons in a Dublin Police De­
partment citation book. The original is given to (262) the of­
fice. One of the other copies is given to the defendant, and 
the other one remains in the officer's book for his record.
THE COURT:

That is the reason for the three different copies?
THE WITNESS:

Yes, sir. Well, there are three different ones. The prin­
ters print them different colors for their own purposes, not for 
any purpose of the Police Department.
MR. MOORE:

We offer these in evidence.
THE COURT:

All right, no objections, are there?
MR. HAYES:

No, sir.

THE COURT :



THE COURT:

All right, they are admitted without objection. Anything 
else for this witness? 
i,MOORE:

Yes,sir.
Q Now, did you, yourself, arrest Reuben Gamble?
A No, I didn’t.
Q Did you direct that he be arrested?
A Yes, I did.
Q You directed that he be arrested for jumping up and down, 
is that correct?
A Well, no, that is not correct,
Q That isn't correct?
A No.
THE COURT:

State just why he was arrested? 
the WITNESS:

He was arrested because he was in this crowd blocking the 
siHe walks and was a direct participant.
(263) q Now, you knew Reuben Gamble,didn’t you?
 ̂ I know him by sight.

 ̂ And you know him by reputation?
A What called my attention to him, if you mean jumping up and 

d°Wn> he was kind of jumping up and down and hollowing at these 
°^er Niggers to stay there and defy the law.



324

Q That's right. Niggers N I G G E R S .  (Spelling) Is that 
right?
MR. HAYES:

He didn't say that, Your Honor.
THE WITNESS:

I am not sure how it is spelled.
MR. MOORE:

That is what he said.
THE COURT:

All right, lets get onto something else.
MR. MOORE:

I just wanted to have it clear as to what his reference is. 
Q Now, you knew Reuben Gamble as being a member of the NAACP, 
didn't you?
A Yes, I did.
Q You knew that at the time he was arrested, didn't you?
A As far as Knowing he was a member, I heard that he was.
Q And you knew that he was active in civil rights demonstra­

tions, didn't you?
A Yes.
(264) Q In Dublin?
A Yes.
Q Now, was he the first person arrested?
A No.
Q Now, the first people that were arrested were the pickets



32 5

there in front of the service station, is that right?
A They were among the first ones.
Q The pickets?
A They were among the first.
Q All right. Now, all the persons who were picketing Todd's 
Service Station on August 11th, 1965, when you gave your order 
to disperse, were arrested?
A No.
Q Most of them were? Most all of those were arrested, weren't 
they?
A I wouldn't know. There were only 52 arrested and on many 
occasions on August 11th, 1965, there were as many as 60 picket­
ing the service station alone,
Q But all of them were arrested there at the time you gave 
your order?
A No.
Q Did you arrest most of them?
 ̂ We arrested what did not move on out of the area.
Q Now, these were pickets, right?
(263) a They were carrying signs and marching up and down in 
front of Todd's Service Station and blocking the side walks and 
entrances.
 ̂ You had people carrying signs arrested?
 ̂ Some of them were arrested,
 ̂ Now, you didn't arrest any of the white people who were



326

standing In the station, did you?
A No, not that I recall.
Q And you didn't make the white people who were standing in 
the station move on, did you?
A I did.
Q That was when the station closed at 9:00 o'clock, wasn't
it?
A Now, I was constantly having - my men were having to have 
them move on, people who came there, in my opinion, if amy opin­
ion is any good, for the purpose of causing trouble and reeating 
an incident.
Q You didn't know who those people were, did you?
A Not by names.
Q D0 you know them by sight?
A They were people.
Q I asked you if you knew them by sight?
A No, not to know their names. They were people that lived
in Laurens County, most of them.
Q Do you know who arrested Robert Wilburn?
(266) A Not without looking at my records.
Q You don't have any recollection of that at all, do you?
A Not specifically, as to a specific officer, no.
Q Do you know who arrested Frank Stanley?
A One of my police officers?
Q YOu don't know which one, do you?



327

A Not without looking at my records.
Q Do you know who arrested ----- 
T H E  COURT:

(Interposing) Is all of this material to this case?
MR. MOORE;

I think it is all very material.
T H E  COURT;

Why? Twll me why.
MR.MOORE:

Well, the witness has testified this morning that he ob­
served all of these incidents and that he had the situation con­
stantly under his surveillance and I am asking him about his 
knowledge about what his man did,
THE  COURT:

All right
Q Do you know who arrested Freddie Pooler?

Not without looking at my records, but one of my police of­
ficers.

Now civilians made any arrest that night, did they?
A No.
(267) q  Alfred Thomas?

He was arrested by some of the police department.
What about Charles Lattimore?
The answer would be the same.
What about Bernice Turner?



A The answer would be the same.
Q Do you know where she was arrested?
A Not without looking at my records. She was arrested some­
where in the vicinity of Glenwood Avenue.
Q Do you know where Richard Sheffield was arrested?
A He was arrested in that same area.
Q When you testified this morning, you didn’t testify from 
any notes, did you?
A No, I didn’t.
Q You testified from your recollection, didn’t you?
A I did.
Q And nothing has occurred between this morning and now to 
make your recollection faulty, has there?
A None that I know of.
Q So, when you testified that you observed everything that
went on out there, that was incorrect, wasn't it?
A No, it wasn't.
THE COURT:

Anything else?
MR. MOORE:

Yes,sir, just a second.
(268) Q Do you know the name of the doctor who treated Carl 
Rice?
A No, I don’t recall his name. I talked to him while he was 
on duty at the Laurens County Memorial Hospital.



32 9

q Now, Chief Josey, there were some sheriff's deputies out at 
the scene, were there not?
A There were.
Q Were they under your command?
A They were.
Q How were they dressed?
A They were in full uniform.
Q When you say full uniform, fill us in on that, please?
A They were if fill uniform and under full color of the sher­
iff’s office.
Q And what color does the Sheriff's Office wear?
A They wear brown pants with a green shirt, if it is of in­
terest.
Q All right.
A And their badges are displayed readily on the left side of 
f&e breast, and they wear hats made of straw or straw material.
Q All right. How many sheriff's deputies were present at that
time’

 ̂ Three.
'̂ 9) Q And these were in addition to the men you mentioned?
 ̂ There were four.
 ̂ ôur deputy sheriffs?
A Yes.

 ̂ Making a total of nineteen officers out there?
A Yes.



330

THE COURT:
I think we have been over that. I am going to hold both 

sides down and not have any repetitions.
Q Chief Josey, I believe that you testified earlier that on 
August - pardon me, on July 25th, in the afternoon or morning, 
you went to the First Baptist Church, is that correct?
A That's correct.
Q You did not testify whether you were there on August 1st?
A I don't think I did.
Q Were you there on August 1st?
A No. I wasn't at the church on August 1st. I didn't attend 
the worship services, is that what you mean?
Q Well, that is not your church, is it?
A I have attended church there.
Q Is that where you regularly worship at?
A It is, when I am in Dublin.
Q Are you a member of the First Baptist Church?
A I am not.
Q But you regularly atten when you are in Dublin?
(270) A I do.
Q Are you familiar with the policies of the First Baptist 
Church with respect to receiving mexed groups , are you not?
A I am not familiar with their policies, not with all their 
policies. I have been told that --



331

T H E  C O U R T :
(Interposing) I wouldn't say what you have been told. That 

would be hearsay evidence.
T H E  W I T N E S S :

I have not been shown anything concerning their policies.
Q But you know* as a matter of your own investigative wor̂ :, 
that they do not receive mixed groups of Negroes and Whites?
A I have been told they would not receive them.
T H E  C O U R T :

That is hearsay. Lets get down to the issue.
Q Do you sympathize with that policy?
T H E  C O U R T :

Now, listen, that is totally irrelevant. I think you will 
agree with me on that.
MR. M O O R E :

I will have to disagree with you, Your Honor.
THE  C O U R T :

Well, I am the Judge. I think I am.
MR. M O O R E :

Your Honor, shall I construe that to mean that the witness 
®Hould not answer that question?
THE COURT;

Yes, That is not an issue in this case.
Chief Josey, you set bail for the persons who were arrested 

0n August 11th, 1965, didn't you?



332

(271) A I believe they were set in a hearing the following 
day.
Q Now, Reuben Gamble was released the same night he was ar­
rested?
A That's right. I set the bail on Reuben Gamble.
Q You are the person who usually set bail for city offenses, 
is that correct?
A It's under my authority, yes.
Q What is the usual bail for fighting?
A $22.00.
Q $22.00?
A Yes, it depends.
Q It depends on how serious the injury is, or injuries are?
A It depends on what the Chief of Police deems adequate and
necessary.
Q Is that in all related to persons who are involved?
A It is all related to the persons involved. In what respect 

do you mean related?
Q Well, let me ask you this question ---
A (Interposing) As to where they live and so forth?
Q Does it have anything to do with the extent of injury or 
injuries inflicted as a result of fighting?
A It probably would if I had reason to suspect that (272) the 
person engaged in the fight that more serious charges would gt°w 
out of it, such as a murder charge.



333

(j What about an assault and battery?
A It would be as I deem or thought necessary. 
q What about an assault with intent to murder?
THE COURT:

I think he testified that all of those came under his juris­
diction, that it was discretionary with him, is that not correct? 
THE WITNESS:

That is correct, up to $300.00.
Q Now, what is your understanding of fighting?
A Repeat your question.
Q What is your understanding of fighting.
THE COURT.:

What do you mean, relative to what?
MR. MOORE:

Well, he said that he arrested some one and charged them
with disorderly conduct;, fighting a n d --
the WITNESS;

(Interposing) In my opinion, fighting is disorderly con- 
Ûct. Is that what you mean?
 ̂ Is that what you mean?
A Fighting, in my opinion, is disorderly conduct.
 ̂ Then any irregular conduct would be fighting in sofar as 
you are concerned?

Not necessary.
THE COURT:

Now, listen. What has that got to do with this case?



334

MR. MOORE:
Well, Your Honor, I think it is very plain (273) as to the 

significance of the testimony. I won't press it any further. 
THE COURT:

No, if youtthink it is relevant, you tell me why you think 
it is relevant, and if I think it is relevant I will let you pro­
ceed. The definition of fighting, I just can't get all of this. 
All I want is relevant testimony, any relevant testimony that 
you want in.
MR. MOORE:

Your Honor, I think I can conclude by asking just one more 
question.
THE COURT:

All right, I will let you ask the one more question then,, 
go ahead.
Q Chief Josey, you don't have any other definition of fight­
ing, do you?
A That depends on what type of fighting. There are many de­
finitions of fighting. Prize fighting. What do you have in mind? 

Q A type of fighting for which you would make an arrest?
THE COURT:

Didn't he say disorderly conduct?
THE WITNESS:

Yes, sir.

i



335

MR.MOORE:

I am just asking him if that is an exclusive definition, 
Your Honor.
THE WITNESS:

An exclusive definition, one and only definition of fight
in g ?

Q That you have?
(274) A No.
Q You have others?
A There are many others.
Q I mean do you have others?
A Yes, I have many others.
Q Ones for which you make arrest?
A If the occasion arose, I would.
MR. MOORE:

I don't have any other questions.
THE COURT:

Do you have any others?
HR* HAYES:

Yes, sir.
THE COURT:

Go ahead.
REDIRECT EXAMINATION



(294) MILO TOMLINSON,
SWORN FOR THE DEFENDANTS,,TESTIFIED.

336

ON DIRECT EXAMINATION
BY MR, HAYES;
Q Will you state your name?
A Milo Tomlinson.
Q Where do you live?
A Route 4, Dublin, Georgia.
0 What do you do?
A Clerk in the Tax Commissioner's Office and Deputy Registrar,
Q For what county?
A Laurens County.
Q How long have you been so employed?
A Oh, approximately three years.
Q Are you familiar with the Registrar Records - well, when 
you say Registrar Records, what do you mean?
A Voting records of Laurens County.
Q For what?
A For state and county elections.
Q How long did you say you have had this job?
A October will be three years,. I believe.
Q As such Registrar, what are your duties?
A We accept any Registrant when he comes in, fill out thr
card for him and put them in the proper files so that the Re­
gistrars can check them for putting them on the books.



337

(295) Q Have you, since you have been in this position, re­
fused to register any person to vote?
A Yes, sir,
Q How many?
A Oh, eight or ten would be the most, I believe.
Q For what reason?
A Well, one was duly registered to vote in the State of Flor­
ida and the others were felony convictions and on parole.
Q Have you ever refused to register a person because he was 
a Negro?
A No, sir.
Q Do you know what percentage of the Negroes are registered 
to vote in Laurens County?
MR. MOORE:

I object to that unless he puts in what the total figures
are,
THE COURT:

I presume he will get to that. You are going to get to 
tHat,are you not? 
to. HAYES:

Yes, sir.
THE COURT;

I thought you would, 
to. HAYES;

* wss asking him what percentage --



338

THE COURT;
(Interposing) I understand.

THE WITNESS;
Repeat your question.

MR. HAYES:
I don't know as he has that figure.

THE COURT:
Well, if he has it, he will have to produce them.

(296) Q Do you know the total percentage of Negroes of voting 
age that are now registered to vote in Laurens County, Georgia?
A No, sir, we don't know what the population is. It has been 
five years since the census, and there is no way to tell today 
the colored population.
THE COURT:

The purpose of his testimony —  let me see if I get it -- 
the purpose of his testimony is to show that there is no discrim­
ination in Negroes voting?
MR. HAYES:

That's right.
THE COURT:

All right.
MR. HAYES:

Your witness.
THE COURT;

Any questions? All right, lets move along. It's four



339

For the benefit of counsel, and I know you want to know, I have 
c a n c e l l e d  all of my engagements for tomorrow and so you can have 
all d a y  tomorrow.
HR. HAYES:

Fine, Judge. I enjoy being in Brunswick,
THE COURT:

Well, it is an awful way to show it, but show it by making 
haste.
MR. HAYES:

May I ask him one more question?
THE COURT:

Yes, sir.
Q Do you know the total number of Negro voters registered in 
laurens County, Georgia?
A Yes, sir,
(297) Q What is that?
A 1 can give it to you in two figures. The vote list has been 
revised and this is a figure, 3448, and this was approximately 
%il 1st that this list was made up.
 ̂ Of what year?
 ̂ 1965, this year, and since that time we have put on 451 Ne~
8ro voters.

COURT:
ĥat does that make a total of?



340

It looks like 3899, I believe.

MR. HAYES :

Your witness.

THE (DURT:
Any questions?

MR. MOORE:

Yes,sir, a couple of questions.

EXAMINATION— ............ ...........

BY MR. MOORE:

Q Do you know the number of Negroes of voting age in the 

county?

A The only thing we have on that was a piece in the paper 

this week, or last week, I believe it was, in the Macon paper, 

giving it for the 1960 census. That is the only thing we have 

on it.
Q You didn't prepare those figures did you? You didn't pre­

pare the figures that appeared in the paper?
(298) A No, sir. Some syndicated writer out of Macon, in the 

Macon Telegraph. It was for the whole state and our county was

in it,
Q Do you keep a separate voting list for Negroes and whites? 

A No, we don't.
Q Then how are you able to ascertain the number of Negroes 

and White voters?

THE WITNESS:



341

A Just simply going through, and for information, counting 
them.
Q This is based on an information,from a count?
A Y es .

Q How are you able to recognize the ones that are Negroes 
and the ones that are White?
A Well, it shows ,!raee" on the card,
Q Race is on the card?
A That's right.
Q So the voting cards are arranged by Race?
A No.
Q But the race is identified on the card?
A It is on the card.
Q Is this for state and federal elections?
A State, and county and federal,
MR. M O O R E :

That's all.
THE C O U R T :

411 right, you may go down.
<2") MR. MOORE:

If it please the Court, I would like to ask the witness just 
°ne other question.
THE C O U R T :

All right, come back just one minute.
Mr. Tomlinson, do you know what the white total is?



342

A White total?
Q Yes, sir, for voting?
A It will be in two figures too. There were 12,743, plus 83. 
Q When you say "plus 83", does that mean since April the 1st? 
A That's right.
Q Now, Mr, Tomlinson, are these the ones actually enrolled? 
In other words, they are actual voters 12,743?
A Yes, that is registered voters.
Q And that is the white total?
A That's right.
MR. MOORE:

That's all.
THE COURT:

All right, you may go down.

(300) W. R, BUSSELL.
SWORN FOR THE DEFENDANTS, TESTIFIED,

ON DIRECT EXAMINATION
BY MR. HAYES:
Q Will you state your name, please?
A W. R. Bussell.
Q What is your position? What do you do?
A I am Sheriff of Laurens County, Georgia.
Q How long have you been sheriff of Laurens County?



343

A Since January 1, 1961.
Q What were you previous to that time?
A I was a practicing Veterinarian in the City of East Dublin, 
Georgia.
Q How long have you lived in Laurens County, Georgia.
A Since June 30th, 1962.
Q Will you give this court the benefit of your educational 
back ground as far a s police schools and so forth are concerned?
A Well, I have attended several police schools that have been 
conducted by the Peace Officers' Association of Georgia. I have 
had the benefit and attended and completed several schools that 
have been conducted by the FBI, and other short courses, special­
ized courses, in finger printing and other investigative tech­
niques .
A Are you familiar with a Civil Rights demonstration (301)
®arch that was held in Dublin, Georgia, on the 4th day of March,
6̂5? Excuse me, I mean on the 4th day of August, 1965?
A I am.
 ̂ Are you familiar with the police protection given this
march?
A Yes,

State what you know about this police protection to the
court?

Shortly prior to the time that the march took place I was
0(hd.sed by the City Manager of the City of Dublin that the March



344

was going to take place on the date stated by you, and it was re­
quested that I come to the City Hall of the City of Dublin and 
meet with a group of other law enforcement officers, the Chief 
of Police, the Georgia Bureau of Investigation Agents, and Agents 
of the FBI, in order to co-ordinate law enforcement protection 
for this march. At the time designated by the City Manager I 
did go to the City Hall and I did sit on a meeting that took 
place there and I participated in the discussion, the planning 
and the■-various techniques that would be utilized in providing 
this protection and then following this planning stage I have 
just mentioned I also furnished men and participated in the ex­
ecution of the plan that was formulated and was later carried 
out.
Q Would you tell me what date was that you attended the meet­
ing? ,j :
(302) A It was the date prior to the actual march.
Q Will you state who was present at that time? Can you name 
the individuals that were present at that time?
A The City Manager, Mr, Lane, was present. He moderated. 
Chief Josey was present, I believe. Henry Walden of the GBI. 
Mr.Applegate of the FBI, and some other member of the FBI that 
I don't remember. He was out of the Savannah Office and myself* 
Q Were there any others present?
A I believe you were there. I don't recall any others other
that that being there. I believe there were others but I don t



345

reca ll who they were. If I might add this : There might have
been some member of the East Dublin Police Department over there 
because I do recall that we have included, or attempted to in­
clude, all the law enforcement agencies of the county, state and 
federal government and to utilize them to the best advantage to 
offer protection to all of our citizens. So, I do know that there 
were others there, but I could not definitely say whether the 
East Dublin Police or some representative of their department 
was there, but I think possible that they were.
Q Can you recall whether or not Lt. Vernon DeLoach was pre­
sent?
A Yes, sir, he was present.
Q Sheriff, I have you some objects there and ask you if you 
can identify those?
(302) MR. MOORE:

Your Honor, I hate to protrude on Mr. Hayes' case, but per­
haps it would be better for all concerned if he would have them 
marked for identification.

HAYES:

I don't know whether he can identify them yet or not.
THE COURT:

A l l  right, if he can identify then, why, then you can have 
court reporter to mark them for identification. All right,

?°u may proceed.
 ̂ Can you identify those?



346

A Yes, I recognize them.

Q What are they?

A These are photographs that were made during the march that 

took place in the City of Dublin on the date just specified by 
you, just stated by you.

MR. HAYES:

I will have these marked now.
THE COURT:

All right.

(NOTE: Accordingly, same were then marked for identification 

as Defendants' Exhibits one through eight, respectively.)
Q Do you recognize that picture?
A Yes, sir.

Q Sheriff Bussell, can you be a little more specific about
the conversation that took place in the planning of this march? 
MR.MOORE:

Your Honor, I object to the conversation.
(303) THE COURT:

Well, I think perhaps that would be irrelevant as to this 

conversation they had about the planning of this march. Any 

conversation that you all had in planning and everything would 

be irrelevant and hearsay evidence. Well, it wouldn't be hearsay. 
MR. HAYES:

That was an act within itself. It is an actual occurrence

that took place.



347

THE COURT:

Well, he has already testified that it was done for the pro­
tection of the public. I think that is sufficient.
HR. HAYES:

All right, sir.
Q Now, I hand you the Defendant Josey's Exhibit No. 2. Will 
you describe what is on there to the court?
A This is a photograph of the rear of the march that went 
through the city of Dublin and it is travelling south on Jeffer­
son street, which is the north-south of main street, they are 
going through' the City of Dublin. Now, at this point this is 
U. S, 441 here, and the beginning of Glenwood Avenue. Then this 
photograph that I have just referred to I count eleven officers 
right here in this photograph.
Q That is Defendant's Exhibit No. 2.
A Yes, sir.
Q From your professional opinion, as a sheriff, would you say 
that crowd of demonstrators were given adequate police protection? 
!®. MOORE:

I object to that, your Honor. I think the picture shows 
what it shows.
(3°4) THE COURT:

Well, I think his opinion would be worth something. He is 
Sheriff and knows the situation. Well, what do you object 

toiWhat is your ground?



348

MR* MOORE:
We object on the ground that the proper foundation is not 

laid for eliciting an opinion from this witness.
THE COURT:

Well, he has testified that he has been sheriff for a num­
ber of years - well, I will admit it. I think that testimony is 
admissible,
Q Will you answer the question?
A It is my opinion, very conclusively, that the rear of this 
column is adequated protected. There are men on each flank. There 
are men in the rear and there men up under the red light where 
the column is making its turn, and so certainly it is covered 
with protection as well as any one could be.
THE COURT:

All right, do you have some other questions?
MR .HAYES :

Yes, sir,
Q All right, now I hand you Defendant's Exhibit No. 3. What 
do you see there?
A This is a photograph - it is looking west on Jackson Street, 

which is the main street, the east-west main street in the city 
of Dublin, and this photograph is one that includes a picture of 
me, and X am standing on the square of the court house of Laurens 

County and I am observing the march, the order of march, as it



349

is coming and making its turn off Jackson <305) sfcredfc on Glenwood 
Avenue, going south.
(j And what is the date of that march?
A I beg your pardon?
Q When was that march that you testified to there?
A This march that I am testifying to now is the same march 
that was mentioned by you in the beginning of the testimony, I don't 
recall the date, but it is the same one that you referred to 
earlier.
Q What does that photograph show?
A This is a photograph of the line of march as it is proceed­
ing north on church street and the photograph was taken in a 
southerly direction from in front of the City Hall of the City 
of Dublin, Georgia.
Q Do you say there was adequate police protection there?
* Yes, sir, I would. I see officers all up and down the or- 
êr °f march. They are properly dispersed. They have the pro- 
Psr equipment to protect the marchers, and further the march was 
without incident, so that speaks for itslef, that there was 
en°ugh protection.
 ̂ Would you briefly examine Defendant's Exhibit No. 5 and tell 
the court what that is?
A Yes,sir, this is a photograph of the rally that took place 
°n SOme urban renewal prooperty. It is just off Glenwood (306)
Avenue, lies between Glenwood Avenue and Washington street



350

in the City of Dublin, and this is a photograph of the partici­
pants at the rally on the same date that the March took place.
Q And what do you see in Defendant's Exhibit No. 6?
A Well, this is a photograph that duplicates the Exhibit No.
8, and which we have just referred to, and the photograph in­
cludes pictures of the persons participating in the rally and al­
so is a picture of one of the automobiles and deputies, and the 
automobile that I see here has two deputies, one in the front- 
seat and one in the back seat, so they will have four way access 
there. And for four-way access, for the benefit of those who do 
not know anything about law enforcement is this: That if you
have two men sitting in the front seat, the man on the driver's
side has access only to the window nearest him, unless he wants
to reach over, in case some emergency arises, he has to reach 
over and there is the possibility of endangering the life of 
the deputy sitting side of him, so what we do here, for more ef­
ficient utilization of personnel is to put one man in the back 
seat and one in the front seat. Further, by putting one in the 
front and one in the back, you have a method of escape, if s0®e 
emergency arises on the left, two men can get out simultaneously) 
if an emergency arises on the right two men can get out simul­
taneously without jamming the doors, or without a man having to 
get out on the left and run around to the light, or one get (307) 
out on the right and have to run around to the left.



351

q Were those your officers?
A Yes, sir. They are officers of the Laurens County Sheriff's 
Office..

Q Now, I hand you Defendant's Exhibit No, 7, and ask you to 
state what that shows?
A This is another photograph of some of the participants of 
the march in front of the Catholic Church in the City of Dublin 
on the same date mentioned.
0 And I ask you what Defendant's Exhibit No. 8 shows?
A Exhibit No. 8 further shows some of the participants of the 
march. Included in this photograph - well, I see four actual full 
body participants in the march here and one policeman.
Q What does that sign say?
A It says: "Price Fire Josey, or meet us at the polls."
the COURT:

What?
THE WITNESS:

It says: "Price fire Josey or meet us at the polls."
THE court :

He was the mayor?
®E WITNESS:

Yes, sir.
 ̂ Now, Sheriff, I hand you defendant's Exhibit No. 1. Are 
familiar with that photograph?

 ̂ Yes, I am.



352

Q Are you familiar with that building?
A Yes,sir.
(308) Q As shown by that photograph?
A Yes, sir.
Q What is shown in there?
A This building is a building that belongs to a Mrs. Williams 
in Dublin. It is better known as a building that housed an 
pop cola buisness back during World War 11, And it has 
housed numberous businesses since then, Hartly - Rowe body 
Shop. Hartly-Williams Body Shop, and now I think Williams 
Body Shop is now occupying this building, but more specific 
and what you have reference to is that the front of this 
building in inclosed with large plate glass windows. Now,
each one of these large plate glass windows have been broken 
by some object being thrown through these windows and breaking 
the windows --- 
MR. MOOREl

(Interposing) I object to that, Your Honor. I don't see
the relevancy of whatever body shop that is.
MR. HAYES:

If he will let him finnish he will see some relevancy.



353

All right, let him finish, and if it is not relevant I 
will rule it out.
THE WITNESS:

Well, these large plate glass windows have holes in 
them as a result of someone throwing an object through the 
windows.
Q Where is that building located in reference to Todd's 
Service Station?
(309) A It is roughly a block away.
Q Did you receive any reports in your office concerning 
that photograph and that building?
A We received reports that some one had thrown some objects 
through the windows.
Q On what date?
A Mr. Hayes, I couldn't say what date it was that we re- 
ceived the complaint. I was out of the office on that date, 
hut the officer that I had in charge, when I returned,
Ported to me that a complaint had been filed.
If3E COURT:

Well, that has not been connected.

THE COURT:

re-



354

MR. HAYES:
I will connect it.

THE COURT;
All right. Have you finished with this witness?

MR. HAYES;
Nos sir, I have one other thing on these affidavits. 

THE COURT:
Well, lets take out for five minutes.

THE MARSHAL:
Take out for five minutes.

(NOTE: Accordingly, a recess was then had from 4:25, P. M.( 
until 4:33, P. M., of the same day at which time the proceedings 

were resumed as follows.)
THE COURT:

All right, you may proceed.
(310) MR. HAYES;

We offer these photographs into evidence.



355

Any objections?
MR. MOORE:

We don't think Defendant's Exhibit One is admissible.
THE COURT:

Which one is that?
MR, HAYES:

I will just withold that one and offer it later.
THE COURT:

Well, suppose you do that.
®. HAYES:

I then offer Defendant's Exhibits two through --
THE COURT:

(Interposing) Well, he said he had no objection to 
£l!He> that the only one he was objecting to was Defendant's 
0ne> I believe, and you said you were withholding that, and
you SaY you will connect that later, 
to. HAYES;

I will.

THE COURT:



356

All right, then I will bust admit these that you have agreed 
to and withhold that one.
MR. HAYES;

All right, sir.
THE COURT;

All right, you may proceed.
Q (By Mr. Hayes) Sheriff Bussell, you recall on the 11th 
day of August, 1965, receiving city prisoners?
A : Yes| sir.
Q Did you participate in the arrest of any of those?
A No, sir.
(311) Q Do you know how many prisoners you received for the 
City?
A No, sir, I don't.
Q Now, I read a part of an affidavit to you by Sammy Jackson, 

leaving out the formal parts, states; "Sammy Jackson, 17, live 
at 105 Cooper Street, Dublin, Georgia," and among other things, 
it ends up, or at the bottom, or a part of the affidavit says 
this : "They put about 40 of us boys (referring to the 11th day
of August, 1965) they put about 40 of us boys all in one cell in

THE C O U R T :



357

the county jail, that on Thursday night they shot some gas into 
the jail. The gas gave me a headache." Is that statement true?
A N o , si r.
Q Did you ever have any complaint from this individual, Sammy 
Jackson, or anyone else about such a complaint as that?
A No.
Q Now, I read to you from an affidavit in evidence in this 
case from one Frank Stanley, 18, and it is referring to Wednes­
day, August 11th, 1965, and it says, in part, as follows:

"On Thursday night, while I was in jail, they shot some kind 
of gas into our cells". Is that statement true?
A No, sir.
Q Did you ever have a complaint from Frank Stanley or anyone 
else concerning such a complaint as that?
A No, sir.
(312) Q i have an affidavit here, offered in evidence in this 
ease by one Shirley Bolden, 21, who says: "On Wednesday, August
Hth, 1965, I started back to the shade tree where I was stopped 
by a deputy sheriff, James Williams." Do you have such a de~ 
puty sheriff working for you?
A No, sir.
Q Have you ever had a deputy sheriff by that name?
A No, sir.

"He says, I have a warrant for you. I said, let me see it.
^ showed me a piece of paper on which was writting "cursing in



358

front of a female," My name was not on the warrant at that time, 
When we got down to the county jail he put my name on the warra n t,11 
Is that statement true?
A No, sir.
MR. MOORE:

I object to that, Your Honor.
THE COURT:

On what grounds?
MR. MOORE:

He can't tell unless he is in a position to know.
THE COURT:

I am sure he was in a position to know, or he would not 
have testified to it. He said that it wasn't so.
MR. MOORE:

He is testifying about the question he asked.
THE COURT:

Do what?
MR. MOORE:

He is testifying to the question he asked.
THE COURT:

He asked him if that particular incident (313) occurred,and 
he said it did not.
MR. MOORE:

But, Your Honor, if he is going to testify to it, he should 

be in positon to know, I  move to strike the witness' testimony-



359

IHE COURT:
Well, you might ask him the question as to whether he was 

In a position to know.
(j is it the policy in your office to have warrants served that 
have no names written on them?
I. MOORE:

I object to that, Your Honor.
IHE COURT:

Just ask him the particular point blank question whether 
he knows of the occurrence. I am not going to tell you how to 
try your case. You know as well as I do.
() Do you remember Shirley Bolden being arrested?
A No, sir.
<! All right.
Q May I say something oh my own volition?
IHE COURT:

Yes, sir.
IHE WITNESS:

Now, this is something that I can say, for the benefit of 
c°unsel on both sides, and that is I am the sheriff of Laurens 
County and I personally hire and I personally fire all the de» 
Mies who work for me or who have worked for me in the past.

they act under direct orders from me, written orders, not 
Vsrbal orders, but written orders. I make them up in the of- 
£ice of sheriff and I hand them to them as to what we are going



360

to do and how we are going to do it, and no man has ever (314) 
served a warrant against anyone in Laurens County in blank, no­
body has ever served a John Doe warrant in Laurens County 
MR. MOORE:

(Interposing) The best evidence of that would be —
THE WITNESS:

(Interposing) Well, I am the sheriff.
MR. MOORE:

Well, you Honor I still think that the witness should be re­
stricted to the type of evidence that he could testify about. 
The best evidence as to whether these type of warrants have been 
served would be the warrant themselves.
THE COURT:

All right, he is just explaining the matter. You may go 
ahead, Sheriff.
THE WITNESS:

To continue, none of these search warrants have ever been 
served, and if anybody can produce any evidence that one has 
been served I will be very quick and very fast to fire the man, 
because I certainly don't approve of it myself. It is against 
my orders and it is aglanst my policy and I just don’t have it. 
Now, let me say this further, if I may, Your Honor.
MR. MOORE:

Your Honor, I  would like to have the opportunity to  cross 

examine this witness.



361

You will have your opportunity.
I, MOORE:

He has attempted toutestify --
THE COURT:

(Interposing) Well, let him go ahead and explain the mat­
ter,
i, MOORE:

There is no question before the witness, and apparently he
thinks it is important to his case that--
(315) THE COURT:

Well, the Court does. The Court thinks it is advantageous 
to him. He is a public officer, and if he wants to make a state­
ment as to his conduct of his officers relative to --- 
®, MOCRE:

(Interposing) But the Court hasn't asked him --
THE COURT:

(Interposing ) I have already ruled on it.
tffi.MOORE:

I would like to state something for the record.
COURT:
AH right.
MOORE:
The Court has not asked this witness any question. Mr. Hayes 

*'as not asked him. I haven't asked him any questions about that.

THE COURT:



362

Well, he asked me could he make the statement and I said
yes.
MR, MOORE;

But I think it should be relevant to the issues in the case, 
THE COURT;

That’s all right, I will admit it, I will say it is rele­
vant.
THE WITNESS;

Well, so much for the warrant. Now, about the gas. I don't 
even have any gas of any kind, tear gas, or any other kind of 
gas, I have never had any in the five years that I have been 
in office. I am against the use of any kind of gas. We just 
don’t have it, and we won’t have next year if I am there and we 
won’t have it the year adter that, if I am (316) there, and lam 
not just saying this as to the parties concerned,,, but I am saying 

it to everybody, that there will be no Jone Doe warrant served 

and there will be no blank warrants served and there won't be any 
gas used, and we won’t have any gas,
THE COURT;

All right, Sheriff, Now, anything else, Mr. Hayes?
MR. HAYES:

Yes, sir.
Q Sheriff, has any complaint ever been made to you by Shirley 
Bolden or anyone acting for her that this situation existed that

THE COURT;



363

I read to you about the warrant not being completed? 
i No, sir.
MR, HAYES:

That's all.
THE COURT:

Now, the witness is your's. You may proceed.
.... ----------CROSS EXAMINATION-----------------------------
BY MR. MOORE:
Q Do the City Police have access to your jail?
A Yes,sir.
I] They come in when; they want to and they leave when they want 
to, is that correct?
A Yes,sir.
Q They do not have to request permission of you or any of the 
deputies in order to enter the jail, is that correct?
A Essentially.
(31?) Q IS THAT CORRECT?
A Essentially. May I say this? Our jail, we open it to all 
law enforcement officers. Anyone whom we recognize as an officer, 
ĉtY» state or federal are admitted.
* But it is true that the police officers of the city c£ Dublin 
âve free access?
 ̂ That's correct.
 ̂ Do you have an officer with?a similar name of James? Do 
you have a deputy sheriff by the name of James?



364

A Give me a moment and let me think. No, I don't have,
Q Do you have any special deputies by that name?
A No, I don't have.
Q Were you present at the jail on August 11th, 1965, in the 
evening?
A Give me just a minute and let me look at my calendar and 
see. I was at the jail on August 11th, 1965, which was on a Wed 
nesday, until 4:00 o'clock in the afternoon.
Q Did you return to the jail after 4:00 o'clock?
A I returned to the jail approximately 1:00, A . M. on August
12, 1965.
Q Then, Sheriff, you conclude that you were not at the jail 
between the hours of 4:00 P. M. and 1:00 A . M.?
A That's correct.
(318) Q You don't what happened during those hours, do you?
A No, sir. I might explain. I was in Atlanta attending a
school.
Q Do you know who made these pictures that are D e f e n d a n t s ’ Ex 
hibits 2 through 8?
A Those pictures were made by the -- well, he is an officer 
in the Dublin Courier Herald Publishing Company.
Q Pardon me?
A He is an officer, I don't know what office he holds, but he
is in the Courier Herald Publishing Company.
Q Is that a newspaper in Dublin?



365

A Yes,
(j was this march in the daytime?
A Yes.
(j About what time of day was it?
A It was about 3:00 o’clock, about 2:30 or 3:00 o'clock in 
the afternoon.
(J I Slow you Defendant Ss Exhibit "D-4" and ask you if you see 
Chief Josey in that picture?
A I can definitely say that three of those officers are not 
Chief Josey. Now, there is one down there that I can't say 
about, He is about the same stature of a man as Chief Josey.
May I point to him?
(319) Q Yes, sir?
A This man is about the same stature as Chief Josey and, of 
course, I was not present when this particular photograph was 
made, but this man has the same stature as Chief Josey and stands 
Hke Chief Josey and that could be him.
Q Now, I think this is Defendant's Exhibit "D-6", none of 
those men in there are Dublin Police Officers, are they?
* These two men in this car here are deputy sheriffs of Lau- 
rens County.
 ̂ Are all the men shown in the picture with white hats on in 

are they police officers or deputy sheriffs?
 ̂ They are police officers.
 ̂ Police officers?



366

A There were some forty odd officers, city officers, that were 
involved in the protection and support of this march, not count­
ing the federal officers that were present.
Q Now, there were not any large froups of white people gath­
ered on the day of that march, August 4th, was there?
A No.
MR. MOORE:

The witness is with you.
THE COURT:

All right, you may go down. Call your next witness.

(320) VERNON L, BeLOACH.
SWORN FOR THE DEFENDANTS, TESTIFIED.

ON DIRECT EXAMINATION
BY MR. HAYES:
Q State your name?
A Vernon L. DeLoach.
Q What is your job?
A City Detective, Dublin, Georgia.
Q What is your rank?
A Lieutenant.
Q How long have you been so employed?
A I have been employed as City Detective since March 1st of 
1965.
Q What did you do before that time?



367

A I was a uniform police officer. 
q Of the City of Dublin?
A Yes, sir.
Q For how long?
A Two years and about six or eight months.
q Have you had any other law experience other than what you 
have just described?
A I was deputy sheriff of Laurens County for two years.
MR. MOORE:

Did he say Laurens County?
THE COURT:

He said Laurens County.
THE WITNESS:

Laurens County.
(321) THE COURT:

That's at Dublin? 
the WITNESS:

Yes, sir.
Q Do you recall a Civil Rights Demonstration March held in 
Dublin on the 4th day of August, 1965?
A Yes, sir, i do.
Q I)id you participate in that march in any manner?
A Yes, sir, I did.
 ̂ What was your participation?
A 1 was in charge of the police department, as the Chief of



368

Police was absent that day, and I was filling his place.
Q At whose request?
A At the request of the City Manager and Chief of Police.
Q And at whose request were you assiting in the march?
A At whose request was I assisting in the march?
Q Yes, sir. Who asked the Police Department to assist them in 
the march?

The NAACP or SCOPE.
Q Did they furnish you any information concerning this march?
A They furnished the information to the City Manager and he, 
with me, rounded out the march that they told him they were going 
to take, on the map, and I have the map that I drew up and @22)the 
route they told us they were going to take.
MR. MOORE:

Your Honor to shorten things, we will agree that notice 
was given of the march and that the line of march was drawn up. 
THE COURT:

All right.
MR. HAYES:

All right, thank you,
Q What plans were made concerning police protection to pro­
tect this march?
A I called in all of my off-duty police officers that day, 
August 4th. I called in all my police officers and then in a 
meeting from one to two discussed this march with them, tellin8



369

them what their job was in this march and where their post would 
be and also I called in this reserve police that we have. I called 
the Captain and asked him to get me as many of his men that he 
could furnish that day to use as road guards, to turn the traf­
fic from Jackson street to the line of march they had stated to 
us that they were going to take, that they were goingt to assemble 
at the Morris State Bank, which is the intersection of Monroe 
street and Bellevue Avenue and Academy Avenue, that they would 
start the inarch there and march down to Church street, which 
would be west, they would make a left turn and march to Academy 
and make a left turn and go down Academy, West Jackson, to the 
County Court house, which is at the intersection of Jackson and 
■Jefferson streets and end the march. At 2:00 o'clock we got in­
formation that they were holding their meeting on south Jefferson 
street and that (323) tyey would start the march at this location 
on South Jefferson street and march to the court house and turn 
ffift again, marching through town on Academy to Church street 
and turn right, going to Bellevue Avenue and turn right again and 
“arching back to their location out on south Jefferson street.
®E COURT:

Was that the same route that you all had prescribed to them?
THE WITNESS:

Yes,sir, that is all except the march from the assembly out 
°n south Jefferson street to the court house. The only thing 
^at would be change would be on south Jefferson street - their 
assembly was supposed to start at the Morris State Bank.



370

THE COURT:
With that exception, it was the same?

THE WITNESS:
Yes, sir. That was the information that we gathered at two 

o'clock?
THE COURT:

All right.
THE WITNESS:

I placed my police officers - this block between Laurens 
street and Jefferson street I placed one Sergeant in charge of 

that block and plced three police officers on each side of the 
street and in the next block, which is Monroe street and Laurens 
street, I put a Sergeant in charge of that block and put three 
police officers on each side of the street there. On Academy, 
from Church street to Monroe street, I put a Sergeant in charge 
of that block and gave him the balance - I gave him two (324) 
police officers there and used the other police officers to go 
out and give them what protection they might need to keep the 
traffice out of their assembly on south Jefferson street. I take 
my reserve police and placed them at each intersection to do 
only the direction of the traffic to keep it from west Jackson 

street. As the march began on South Jefferson street and march* 
ing to town I stayed along with the march at the rear and as it 
approach Madison street and Jefferson street they made a left 
turn and a Sergeant on a motorcycle radioed and said they were



371

turnning on Madison street to the left which would be travelling 
west. I had radio communications in each one of these blocks, 
a walk!e talkie, I had radio communication, and I radioed to 
Jefferson and Laurens street, I radioed to that Sergeant and 
said "Move your men to Madison street and give what protection 
they needed to move in that block." Then I called to the second 
or to Monroe and Laurens I called to that Sergeant and told him 
to move his men one block back on Madison street, and likewise 
on Church and Monroe streets, 1 moved them back, and as they 
passed this first block, which is Jefferson and Laurens, I moved 
these men to march along with them to give them protection at 
about ten to fifteen feet intervals as they passed them and 
narked with them until they completed their march out on south 
Jefferson, and as they passed Monroe and Laurens street I moved 
the police officers back upon Jackson street to assist them in 
case they needed any assistance there, and down on Academy and 
Church street and Monroe street as (325) the march passed there 
J ffloved those police officers back upon Jackson and also I 
n°ved them on south Jefferson street along the roads or streets 
^at might be coming into south Jefferson where there were a lot 
of spectators or people looking on and who were not participating 
this march. I sent two officers out to where the assembly 

Was» Phis is when they returned to the assembly, to direct the 
tra£fic where they would have plenty of room and would not have 
any traffic coming in and holding it off south Jefferson street.



372

THE COURT:
All right.

Q I will ask you whether this march went right through the 
middle of Dublin, Georgia?
A It went right through the middle of Dublin on Jackson street, 
it did.
Q Did you have any incidents which himdred this march in any 
manner?
A No, sir, I did not, not even after the march was changed, 
When they changed the line of march I moved my men and they were 
there in seconds and I didn't have any incidents at all.
Q Were any arrests made on that day?
A No, sir.
Q What time was this march suppose to begin?
A It was suppose to begin at two, but it did not begin until
approximately three o'clock.
(326) Q Do you recall being on duty on the 11th of August, 
1965?
A Yes, sir, I was on duty.
Q Did anything unusual happen that day?
A There was an incident that happened on Glenwood Avenue, which 

is Todd's Service Station.
Q What was that?
A We had —  that night we went out there, we had to go out 
there on the traffic that was causing a hazardous out there, where



373

we had a group of pickets out there, probably about fifty and we 
had approximately two hundred across the street in front and the 
pickets were continuously running in and out of the picket lines 
back across the street and it was causing a hazardous condition 
out there because of that and the vehicles, people stopping and 
having to wait to keep from running over them, letting them 
across, blocking the streets.
Q At what time was that?
A Probably 8:20 or 8:30.
Q What did you then do?
A When we arrived out there - I picked up the Chief of Police 
at the City Hall and his loud speaker, his portable speaker, and 
we went out there and when we got to this service station the 
Pickets were picketing from one end of the drive way, from the 
far end of the drive way on the south side all the way (327) to 
the far end of the drive way on the north side, continuously pic­
kling up and down there. There were about 40 or 50 picket out 
êre and there were , I guess, altogether about 200 people out 
themand the Chief of Police, over his speaker, his loud speaker, 
asked the people to disperser and go home. He asked them four or 
five or maybe six times to disperse and go to their homes. He 
told them that if they didn't disperse and go to their homes, 
that they would be arrested, . that they were violating a City 
finance and they would be arrested if they did not disperse and 
§0 t0 their homes. They were causing a disturbance out there.



374

There were approximately fifteen whites out there, about six or 
eight in the service station,and several on the side and we asked 
them all to go home and some of them did and some of them did not, 
At the time the Chief told them they would be arrested if they 
did not break it up and clear the street and when he told them 
that they were under arrest and for the police officers to ar­
rest them, the uniform police officers, then some of them broke 
and ran and a lot of them, when they ran, they ran down the street 
on Glenwood toward their office, which is known as the SCOPE of­
fice, which is approximately 700 feet south of this Glenwood 
Service Station, Sinclair Service Station that they were picket­
ing.
Q What did you then do?
A At that time my job - I don’t wear a uniform, at that time 
I went down to the county jail and I booked these pickets (328) 
or these ones that were arrested as the uniform police officers 
brought them in. I booked 52 of them.
Q Now, you say "booked", what do you mean by that?
A I taken their names, their ages, and the offense that they 
were charged with, that the officers told me that they were 
charged with,
Q Did you issue those? (Indicating)
A No, sir, I didn't.
Q Do you know who did?
A No, sir, I don't.



375

A No, sir.
MR. MOORE:

Your Honor, may the record show that counsel has handed me 
Defendants' Exhibits "D-5 and D-6"?
THE COURT:

That's correct, wasn't it?
MR. HAYES:

Yes, sir.
THE COURT:

All right.
MR. HAYES:

I will check them again. That's correct, Judge.
THE COURT:

All right.
Q What did you then do?
A After I booked them - it was at the county fail- officer 
Jackson, I asked him to - he was at the county jail at this time, 
and I asked him would he take them back and lock them up.
(329) Q Is he a police officer?
 ̂ Yes sir, he is a police officer.
Q Is he a colored police officer?
 ̂ He is a colored police officer.
Q Were they locked up?
 ̂ Yes, sir, they were locked up.

Q Do you k n o w  w h e n  they wer e  issued?



376

Q Can you identify that?
A Yes, sir.
Q What is that?
A This is a diagram drawn of the Service Station on Glenwood
which the pickets were ^picketing, corner of Glenwood Avenue, War-
bash and Hudson streets, on the south side of Dublin.
Q Who prepared that sketch?
A I did.
Q Can you, using that sketch, describe - first, let me ask 
you this: These dots in here, these dotted lines, shows pickets?
A Right.
Q Now, there is no designation there as to numbers?
A No, sir.
Q Can you take that sketch and show the Judge where the pic
keting was taken place that you have described?
A Yes, sir. The pickets were picketing from this curbing—  
THE COURT;

(Interposing) All right, come around. You (330) can ' t  see 
over there, can you?
MR. MOORE:

I can see here.
THE COURT:

All right.
THE WITNESS:

The pickets were picketing from this curb to this curb her-



377

This dotten line shows the way that they were picketing.
THE COURT:

Would the pickets come up here and then utrn around and go
back?

THE WITNESS:
Yes, sir.

Q What is this?
A This is the drive way to the service station on the north 
side. This is the drive way to the service station on the south 
side, There is some green grass right between these two drive 
ways.
MR. MOORE:

Suppose Lt. DeLoach mark the south drive way with a "Y" and 
the north drive way with an "X" for the record.
THE COURT:

All right, you all are going to have a mess around here af- 
ter a while. You are going to get them mixed up,* but that's up 
t0 you all.
MR. HAYES:

If he wants it, he can have it. I am satisfied with it like
it is.
THE OCURT:

Well, I have got the information anyway.
^  HAYES:

Yes, sir.



378

THE WITNESS:
This is the Glenwood side of the street.

THE COURT:
I see it.

Q What is this highway here?
A That is Georgia 19, Glenwood Avenue, Dublin.
THE COURT:

Where is that picture there? Where is that located inhere? 
THE WITNESS:

It is not on here.
THE COURT:

All right.
Q And in this area designated "Pickets" at the time you have 
described previously in your testimony, how many pickets were 
picketing in that area?
A There were approximately 40 to 50.
Q Did that picketing, from your observation, have any effect 

on these two drive ways?
A Yes, sir, it did,
Q What was it? What was that effect?
Q They were blocking the traffic from the service station.
Theyvere blocking the traffic by keeping anyone from going 
there. After they would pass the cars would have to stop until 
they cleared the drive way, and as they would stop they would 
cause cars to block or back up behind each other. On this side



379

of the street they would back up at least, well, I would say, as 
an estimate cf a 100 yards down there because it was a long block 
there.
(332) Q You mean it would close off this highway?
A Yes, sir,
Q And that highway?
A Yes, sir, way back down here.
Q Now, these crowds that you testified to, can you locate them 
on this?
A Yes, sir, this crowd that was gathered here was gathered on 
this side of the street, theywere over here, gathered here, which 
is at the Glenwood Soda Shop and beer joint, they were gathered 
up here, here and over here.
(338) ---— — — —  —  — — CROSS EXAMINATION-......... — .... — —
_BY MR. MOORE :
Q Chief DeLoach, I forgot how long you said you had been with 
the police department?
A I have been with the police department three years. I was 
t̂h the uniform police for about two years and six or eight

months.

Q You have been with the Dublin Police Department for between 
two and three years?
A Yes, sir.

You were a uniform officer for two years and six months?
(339) A Yes, sir.



380

Q And you have been a plainclothes detective for approximately 
how long?
A I was taken over with the plainclothes detective on March 
1st, this year.
Q What was your rank at the time you took over?
A At the time I taken over with the Detective Departments I 
was just a plain patrolman.
Q Just a plain patrolman?
A Yes, sir.
Q And since that time you have risen - well, I made a mistake. 
I should have said Lieutenant, should I?
A Right.
Q I am sorry about that. You have risen to Lieutenant?
A That's right.
Q And that is in the space of about six or eight months?
A About that.
Q When were you promoted to Lieutenant?
A Monday night, the first Monday night in this month.
Q In August?
A Yes.
Q Do you intend to stay with the Department?
A Yes, sir.
(340) Q I believe you testified that on the day of the march, 
August 4th, 1965, that Chief Josey, here, was out of town, is 
that correct?



381

A August 1st?
Q August 4th?
A Right.
Q Lets say the big march?
A Right. He was.
Q Do you know where he was?
A He left going to Daytona Beach on vacation.
Q' How long did he stay away on vacation, do you know?
A About four or five days.
Q The Chief had been in on the initial planning for this march, 
had he not?
A This march?
Q Right? You know there was a meeting between the Chief, Mr. 
kne, the FBI Agents, Mr. Walden, the GBI Agents and I believe 
the Mayor and yourself on a Monday before this march, is that
correct?

I don't recall the day. I was thinking it was on a Saturday. 
I maybe mistaken as to the date, but there was a metting,

•̂s that correct?
A Right.

Q And at that time thea plans of the march and how to han- 
the march were outlined, is that correct?

A Right .

 ̂ And I suppose Sheriff Bussell participated in that meeting 
and Planning?



382

A He did.
Q And you, yourself, right?
A Right.
Q You sorta outlined, or masterminded, to use that phrase, how 
to deploy the police and all, didn't you?
A Right.
Q The deployment of the police was one of the big tasks since 
you have been Lieutenant, is that right?
A Will you ask that question again?
Q I say, the deployment of the police and providing how the 
police should be used on this occasion was sorta one of the big 
jobs that you have done since you took over as Lieutenant, wasn't 
it?
A Well, in this march I was only a Sergeant..
Q You were only a Sergeant at that time?
A Right.
Q But subsequent to the march you have b e e n  m a d e  a L i e u t e n a n t ,  

is that right?
A Right.
(342) Q On the date of the march, were you in charge of the 
police?
A Right.
Q Now, it was not your idea that the Chief should go out of 
town, was it?
A No.



383

Q That was Mr. Lane's idea, wasn't it?
A I don't know.
Q There was some discussion that the Chief should not be pre­
sent during the inarch, wasn't there?
A No.
Q The Chief is considered as being a little hot headed on 
these racial questions, isn't he?
A Not to my knowledge.
Q But there could have been some discussions with others 
when you were not present as to the Chief being absent?
A I don't know what was said behind my back.
Q All right, you can't testify about that?
A No.
THE COURT:

All right, anything else?
MR. MOORE:

Yes, sir. I have some more questions. 
the COURT:

Well, don't you all think most all of this is irrelevant 
this morning, about the Chief going on a vacation? That's his 
business. He certainly wasn't running away. I will (343) bet 
0n that. I am not taking sides on it. But if he did go off I 
don't see where that has got anything to do with this case. He 
ought to be congratulated on getting a vacation. That is all I 
ani going to get.



384

MR, MOORE;
You are not alone in that, Your Honor.

Q This Exhibit "D~8", a photograph of pickets with signs, is 
that correct?
A Yes, it is.
Q And that sign says "Price", referring to the late deceased 
Mayor of Dublin, "Fire Josey or meet us at the polls." Is that 
right?
A That’s right.
Q Was it your understanding that one of the chief gripes and 
greviances that these Negro pople there in county, or in Dublin, 
was against the Police Chief, is that correct?
A Well, the picket signs they were carrying, his name was on 
several of them.
Q And, from reading those signs, as a matter of common sense, 
would say that they were dis-satisfied with the Chief?
A Well, with the signs there,
Q Now, the police here in Defendant's Exhibit "D-2", that you
see bringing up the rear there, those policemen are there to make 
sure that the inarch does not get out of order and that they do 
not wander all over: the place and create any disorder, is that 
correct?
(344) A It wasn't the march, it was mainly to keep the by­

standers and other people that would be standing on the streets, 
the hot-heads, getting into the march or interferring with the



385

march. It wasn’t that the march was going to get out of order.
Q All right. It is your experience that the Negro pickets 
are usually orderly and well behaved?
A They were orderly that day.
Q You have had experience with what you call ’’hot heads" be­
fore, had you not?
A Well, in my line of work, I have.
Q Well, as it relates, lets say, to these civil rights demon­
strations, had you had prior experience with hot-heads?
A Not with this march, no.
Q I mean in prior civil rights incidents?
A Well, only this incident that happened on Glenwood, where 
there was g gatering on the streets.
Q When you say "hot-heads", what does that mean?" What do you 
mean by that?
A Well, the way I would describe a hot-head is one that 
couldn't hold his temper, who would want to ral up. I am not 
speaking of hot heads that would happen in this, but I am speak- 
tog in the past when we have arrested some, not only the colored 
People but whites also.
Q Would you say that a hot-head is — - 
^5) THE COURT:

(Interposing) Now, listen, We are getting into a diction-
ary situation now as to what a hot head is. Lets get down to 
this case.



386

MR. MOORE:
I think this is right down the line, Your Honor.

THE COURT:
Well, didn't you all have some picketing at some of those 

stores up there? Didn't we have some testimony on yesterday 
that you all had some trouble up there?
THE WITNESS:

Your Honor, that they were picketing at the store, I wasn't 
present at that time.
THE COURT:

All right.
Q Now, were you present when the incident happened at the 
First Baptist Church on the 25th of July?
A Yes, I was.
Q Were you present in the morning?
A Yes, I was.
Q What a b o u t  in the’afternoon?
A Yes,
Q Were you there at the same time the Chief says he was 
there?
A Yes, I was.
Q Now, on August 4th, the day of the big march, that was on
Wednesday, wasn't it?
A Right,
(346) Q And on Wednesday the shops and things are closed, ar 
they not?
A Right,



387

Q On Wednesday afternoons?
A Right.
Q There is not as much traffic on Wednesday-^as there is on 
the other days of the week?
A No.
Q The same is true for Sunday?
A Sunday, things are usually quite.
Q Now, I believe you testified that on August 11th, 1965, you 
went out on Glenwood Avenue there to Mrs. Todd's Service Station, 
is that correct?
A August 11th?
Q Yes. Were you out there in the afternoon?
A No, not on the 11th.
Q Were you out there in the evening?
A I was out there in the evening.
Q Did you drive out in a police car?
A I drove out in my car, which is a 1956 Chevrolet.
Q When you got out there, where did you park your car?

1 parked it in the drive - not the drive way but in the 
station parking lot, station property, grounds.
^ 7) Q Is that in front of the service station?
A Right;
 ̂ Or behind it?
A It's in front.
 ̂ Chief DeLoach, do you have an objection to putting a "D"



388

where your car was parked on Plaintiff's Exhibit "P-4"?
A My car was parked approximately in this area right here,
Q All right, just made a "D" for your car.
A All right.
MR. MOORE:

Let the record show that the witness has made a "D" here 
on Plaintiff's Exhibit "P-4" where his car was parked at the 
service station.
Q About what time did you arrive at the station?
A Approximately 8:15, somewhere around that time.
Q Was the Chief there when you arrived?
A Yes, he was. Well, the Chief went with me out there.
Q You weren't in the same car, were you?
A We were in the same car.
Q In the same car?
A Right.
Q  Were there other police officers there when you arrived?
(348) A When we arrived there were approximately six 
police officers there.
Q All right, do you know them by name?
A I believe Sergeant Daniels was there. I don't know exact!)

who all was there.
Q How about Sergeant Harden?
A I don't know whether Sergeant Harden was there or not at



389

this time.
(J Did the Chief arrive at the same time you arrived?
A Right.
Q Did you observe the Chief having a discussion with anyone?
A He talked with the group. I am speaking of the pickets, and 
the group that was assembled thereeacross the street, on all the 
streets, and he talked with them through a loud speaker, a port­
able speaker.
Q Did he talk with anyone else?
A I donft know.
Q You didn't observe him having a discussion with Sergeant 
Harden?
A No.
Q At the time you got out there, were ther barricades still
up?
* No, the barricades weren't up.
^ ) Q They weren't up at all. Do you know whether or not 
% barricades had been put up?
' They had been put up, but with the crowd and all they had 

pushed back and pushed back, with the crowd that was there,
8n the picketing and all, they were gone. They could have been 
S0l!>ewhere a round;: the station. I don't know.
 ̂ All right. You don't know who moved the barricades, do
you?

No.



390

Q All right. Now, I think you testified yesterday, and I be­
lieve you will want to correct yourself on your testimony, you 
testified yesterday that there was some traffic blocking. You 
said it was blocked up a 100 yards. Now, a 100 yards is 300 
feet, you didn't mean that, did you?
A I said approximately. From that service station to the 
Glenwood Soda Shop, which is across the street from the service 
station, it was blocked up from there all the way down to the 
next street which is Hightower street.
Q Now, was there any police out there directing traffic?
A We had police directing traffic.
Q How many policemen did you have directing traffic out there? 
A I don't know.
(350) Q Do you know where they were standing?
A No, I couldn't say just where the police officers were 
standing. Like I said, there were approximately six police of­
ficers, and the Chief radioed the station and called all off du­
ty police officers and some reserve police officers.
Q You couldn't state definitely about the deployment of the 
police at that time?
A No, I couldn't.
Q Now,when the pickets were arrested on the night of August

11th, 1965, their signs were taken too, weren't they?
A They had their signs.
Q The signs were taken to jail with them?



391

A They were.
Q Now, at the jail the signs were put in a room separate from 
the place where the pickets were incarcerated, is that right?
A The signs, some of them had thrown their signs down there 
in the hall at the booking desk, and some of the signs were 
thrown down on the floor, and they were picked up and put into 
the finger printing room, all signs were put in the finger print 
ing room.
Q All right, sir. Now, you were in charge of the booking, 
is that right?
A Well, I was the one doing the booking.
(351) Q That is, you wrote out the names?
A Wrote out the names and the ages and what they were charged 
with.
Q Lieutenant DeLoach, did you write out Plaintiffs' Exhibits 
"P-5 and P-6"?
A No, X didn't write this out. This was wrote out later. 
the COURT:

How is that? 
the WITNESS:

I didn't write this.
May I ask you this question? You wouldn't have any objec­

tions if x asked you this question: When you say "booking",
what does that mean?



392

THE COURT:
Didn’t he explain that yesterday?

MR, MOORE:
Well, I was confused about it, Your Honor.

THE WITNESS:
As we carry them to the jail, we take their names, their 

ages, sex, female or male and the charges. That is at the jail, 
on the books at the Laurens County jail,
Q Oh, that booking is the entering of the name and the other 
information in the big book at the jail?
A Right.
Q Called the jail book or the jail docket?
A Jail docket, I believe. I don't remember which.
Q And the summonses are issued later?
A This summons was issued probably that night or the next 
day, I couldn't say.
(352) Q And you don't know hy whom it was issued, do you?
A No.
Q It doesn't show who issued it, does it?
A No.
Q Now, you went out to Mrs. Todd's Service Station the foil® 
ing day, the 12th, didn't you?
A Right.
Q Now, were there barricades put up out there that day- 
A No, there weren't any barricades out there that day.



393

(j There were no barricades out there that day? 
i No, not on the 11th.
(J On the 12th?
A On the 12th? I don't remember. I don't think there were.
I couldn't say positive whether there were or not.
(J What time did you first arrive out there at the Todd's Ser­
vice station on the 12th?
A I don't know, but I have some notes in a folder there.
THE COURT:

If you want it, you can go get it. 
the WITNESS.:

It is in the folder there.
Q I will pass it to you. You have no further recollection, 
do you?
(353) A It was probably about 3:30.
1 About 3:30?
" Yes, about that time.
MOORE:
Let the record show that the witness is refreshing his mem­

ory,
COURT:
All right.

!HE WITNESS:
The booking of fourteen,,which I have here, was made at

3‘ln> which the arrest at the station was probably 3:25 or 3:20.



394

Q Now, after you arrested these people. Strike that. Chief 
DeLoach, does your record show the persons whom you arrested at
3 :25?
A Yes, sir, it does.
Q Will you state those persons for the record, please?
A Christine Wright, Female, age 15. Rosa Lee Kirkland, fe­
male, age 25. Jerome Bullock, make, age 17. Jimmy Lee Guyton, 
male, age 22. Jim Underwood, male, age 16, Larry Godfrey, male, 
17. Joe Hubbard, male, age 14. James Dixon, male, age 18. Frank 
Underwood, male, 19. Ralph Lattimore, male, 14. Rosetta Lewis, 
male, 19. Ulysses Evans, male, 15. Gloria Outler, female, 18. 
Sammie Robinson, male, 16.
Q Those are the persons youarrested?
A Those are the persons that I arrested.
THE COURT;

Mr, Marshal, there is some laughing and (354) talking back 
there in the court room. Stop that, please.
Q Now, there were no other arrests made at the Todd Service 

Station after 3:25 on the 12th of August?
A No, there wasn't.
Q You made the last arrest, is that correct?
A That's right.
Q I show you Plaintiffs' Exhibits "P-3" and ask you if you
recognize the car that is in that photograph?
A Yes,sir, I recognize the car.



395

Q Whose car is that?
A That is a 1965 Chevrolet of the City Police of Dublin.
Q Do you know who was driving it on that occasion?
A No, I don't.
Q Does this photograph show other police officers and persons 
at the Todd Service Station?
A Yes, it does.
Q Does it show pickets?
A Yes, it does.
Q In front of the station?
A Yes, it does.
Q Is that an accurate portrayal of the way the pickets were 
inarching along as you came out to the station?
A No, there were more in the group when I arrived at the station 
than this. This picture here is taken before I (355) arrived 
at the scene.
THE COURT:

And you wouldn't know about that?
THE WITNESS : :

And I wouldn't know anything about this.
Q Now, I believe you testified from an Exhibit - Defendant's 
Exhibit "D-9", which is a diagram of the area. You remember 
y°ur testimony?
A That's right*

Now, you say# that the dotted line here shows the manner



396

in which the pickets were picking, is that correct?

A The dotted line shows the picketing on the evening of the 
11th.

Q In the evening, on the 11th?
A Yes.

Q You were not there during the daytime at all?
A No.
Q That is what the dotted line shows?
A Right.

Q And what it shows is that the pickets would walk single 

file from down near the intersection of Warbash and Glenwood 
Drive?

A Right.

Q And Glenwood Avenue?
A Right.

Q And then turn?

A Right.

(356) Q And continue in a single file?
A That's right.

Q Back and turn again, is that right?
A Yes.

Q And that is the way they picketed all the while, is it not

A Yes, that's right, that's the way they picketed.
THE COURT;

Anything else for this witness?



397

MR, MOORE:
Yes, sir.

q Lt. DeLoach, I show you Plaintiffs* Exhibit "P-7" and ask 
you if you recognize what’s shown in there?
A This looks similar to this location.
Q Do you see Todd's Service Station?
A I don’t see Todd's Service Station. I see something that 
is similar but I don't see Todd's Service Station.
Q You are not able to recognize that one?
A No.
Q Now, Lt. DeLoach, I show you Plaintiffs' Exhibit "P-8" and 
ask you if you are able to recognize what is shown in that ex­
hibit?
A The sign Sinclair. I can identify that by the South Side 
Service Station on this sign, the coca cola sign.
Q This shqws Todd's Service Station?
A This shows Todd's Service Station.
Q In which direction does that photograph appear to have been 
taken?
(357) A It was taking standingoon the south side facing town.
Q Does it accurately portray the width and character of Glen-
wood Avenue, down in that area?
A Yes, it is approximately 40 feet.
Q Lt.De Loach, I hand you Plaintiff^' Exhibit "P-9" and ask 
you if you are able to recognize that?



398

A Yes, I do.

Q What does it show?

A It shows the sign of Todd's Service Station. It shows 

"clean rest rooms," a street marker with "Glenn, " or"Glen". 
That is about all I can make out of it.

Q Is that an accurate portrayal of the area which is shown 

there?

A It is.

THE COURT:

Any pickets there?

THE WITNESS:

No, sir.

THE COURT:

Then what is the relevancy of it?

MR. MOORE:

I think we will be able to show it.

THE COURT:
Well, so far you have just shown the pictures and you don't 

show anything else, and you have had the pictures identified 

three or four different times.
MR. MOORE:

Well, I think we will be able to tie it in through other 

witnesses.

THE COURT:

Tie in what?



399

The relevancy of it.
THE COURT:

Well, you certainly haven't got any relevancy so far in 
these pictures. I think you have just identified four pictures 
as being the place. If it shows pickets or anything else that 
is relevancy, why, all right, but just to show him a picture and 
ask him if that is the place, I don't see the relevancy of it.
MR. MOORE:

We offer these into evidence as Plaintiffs' Exhibits "P-8" 
and "P-9".
THE COURT:

What do you say?
MR. HAYES:

Your Honor, I agree with the Court but I have no objections 
to them going in.
THE COURT:

All right, they are admitted.
MR. MOORE:

No other questions.
THE COURT:

All right, you may go down.

(358) MR. M O O R E :



400

(359) HENRY-L. WALDEN.
SWORN FOR THE DEFENDANTS, TESTIFIED.

ON DIRECT EXAMINATION
BY MR, HAYES:
Q Will you state your name?
A My name is Henry L. Walden.
Q Will you give your official position?
A Special Agent fertile Georgia Bureau of Investigation.
Q How long have you been so employed?
A I have been employed by the state nearly 32 years.
Q Did you have an occasion to be in Dublin, Georgia, Laurens
County, on the dates of August 11th and August 12th, 1965?
A Yes, sir, I did.
Q Do you recall the incident which caused the arrest of some 
50 demonstrators?
A I do.
Q Did you participate in the arrest?
A I was present.
Q When were you present?
A I was present approximately from about 8:00 o'clock until 
around 12:30 that night of August 11th.
Q When you say eight o'clock, you mean P. M.?
A *;0Q P. M.
(360) Q Did you see the demonstrations?



401

A Yes, sir, I did.
Q Will you briefly describe what you saw to the court?
A Well, I saw this picketing at the Todd Service Station on
Glenwood Avenue there in Dublin, and the re were approximately 
fifty pickets there on the service station side, and bunch of 
spectators out in the street and across the street from the 
station.
Q What you have just described have any effect upon the streets 
and side walks?
MR. MOORE:

I object to that.
THE COURT:

On what grounds?
MR. MOORE:

On the ground that it is a leading question.
THE COURT:

Well, what was the question?
MR. HAYES:

Judge, I asked him what he saw, if it had any effect upon 
the streets and side walks.
WE COURT:

I think it is relevant. You may proceed.
THE WITNESS:

The streets and the side walks both were blocked.
 ̂ What do you mean by "blocked"?



402

A Well, they were pedestrians, these pickets and spectators 
and they had the side walks and streets partially blocked.

Q Did you make any arrests yourself?

(361) A No, sir, I didn't.

Q Did you observe any arrests?

A Yes, sir.

Q Can you describe what you observed with reference to the 
arrests?

A Well, most of the arrests were made by the City Police and 

the Sheriff's office, all of them were, in fact, They were ar­

rested and carried down to the Laurens County jail and booked.

Q Did you stay at this scene during the entire arrest?
A Yes, sir.

Q Did you see any acts of violence performed by any of the
police officers?
A No, sir.

MR. MOORE;

I object, Your Honor.

THE COURT;

Objection overruled.
THE WITNESS;

No, sir, there were no acts of violence.

Q Were you in position to see such acts, if there were any? 
THE COURT;

You mean violance by whom?



403

MR, HAYES:
Judge, 1 asked him by any City police officer.

THE COURT:
All right.

THE WITNESS:

I saw no acts of --- 
MR. MOORE:

(Interposing) I object to that, Your Honor. (362) He asked 
him if he was in a position to see anything. He should ask him 
where he was.
THE COURT:

Well, suppose you ask him on cross.
Q Will you answer my question?
A Restate it, please, sir.
Q Were you in position to see the arrest?
A Yes, sir, I was standing right there where I could observe
everything.

THE COURT:
All right.

MR. HAYES:
Your Honor, I have some exhibits here --

THE WITNESS s
(Interposing) I think there are 52 of them,

‘HE. COURT:
What are those exhibits pertaining to?



404

Your Honor, in this petition, if you will let me ask this 
witness.
THE COURT:

That's all right, go ahead.
MR. HAYES;

They are elaimaing police brutality, and also in these 
affidavits here, and I want to be sure that I offer evidence on 
them.
THE COURT;

Well, I tell you, there is so much diversity in those affi­
davits , I am going to request that those affidavits be turned 
over to the Federal Grand Jury, and if there is any false swear­
ing, I want them indicted.
MR. MOORE;

Your Honor, I object to that. There is no basis for that 
at all. I would like for the record to be (363) very clear on 
it.
THE COURT;

Well, I am asking that it be done. I am asking that it be 
done. I thought about it this morning. Somebody is not telling 
the truth. I am not saying it is any of these people, or who it 
is, but somebody is not telling the truth. I want it to be tho­
roughly investigated by the next federal grand jury that m e e t s .

MR. K A Y E S ;



405

Your Honor --- 
THE COURT:

(Interposing) Well, let me get through. And if there is 
any false swearing, I am going to have them indicted and tried. 
MR. MOORE:

Your Honor, we move that the testimony of the Police Chief 
and each and every witness examined and put on the stand by the 
defendant. Josey, be submitted to the grand jury also.
THE COURT:

I am not getting into that. You can do that, if you want 
to. That is not to come before me, but these -~
MR. MOORE:

(Interposing) Your Honor, they are here testifying ---
THE COURT:

(Interposing) Just one minute. You are not the judge.
MR. MOORE:

I know that, sir.
THE COURT:

Well, you are acting like it. Now, I have said that, and 
that is what it is going to be. I am going to have (366) them 
submitted to the next grand jury, and if they are innocent, why, 
°T course,they won't return a bill against them. I am not going 
to have these witnesses' testimony brought before the grand jury, 
ût I am going to do that, and that is final.

MR. MOORE:



406

MR, MOORE:
Just one second, Your Honor.

THE COURT:
Do what?

MR. MOORE:
May I have just one second? I don’t know whether the Court 

Reporter has put this in the record or not, but I would like for 
it to be a part of this trial record.
THE COURT:

Certainly.
MR. MOORE:

My motion is that the testimony of the defendant, Josey, 
and the testimony of each and every witness offered by the de­
fendant. Josey, be submitted to the grand jury for such action 
as is proper,
THE COURT:

That motion is overruled. If you so desire,you can take 
it up with the grand jury. Now, you may proceed.
Q What is that I hand you there?
A This is a photograph made on the night of August 11th,1965.
Q What are those photographs of?
A This is the route *—
MR. MOORE:

(Interposing) I object to that, Your Honor.



407

THE COURT :
On what grounds?

MR. MOORE;
There is no:foundation to show that this witness is compe­

tent to testify to the questions which are being (367) put to 
him as to what are those, when they were made and by whom they 
were made.
THE COURT;

I can’t get what you mean. He is testifying now as to these 
pictures.
MR. MOORE;

Your Honor, our position is that the witness is incompetent 
to testify as to these pictures, because there has been no pro­
per foundation laid.
the court:

You mean as to who made the pictures? Is that what you 
have reference to?
MR, MOORE;

He testified that {hose pictures were made on August 11th, 
1965. There is no evidence to show that he was in a position to 
know when they were made.
THE COURT:

Well, he asked him the questionaand he testified to it. He 
testified positive to the date, that is all I know. I think.it 
Is relevant.



408

Q Did you participate in making those photographs?
A I did.
Q State the circumstances surrounding them?
A These photographs were made at the Laurens County jail on 
the night of August 11th of all the people that were arrested 
down on Glenwood Avenue.
Q What was the purpose of making those photographs?
A The purpose in making these photographs were to show who had 
been arrested down there .while they were picketing.
Q Are those photographs identified?
(368) A They are.
Q How?
A By a name on the back of each one and I listed them as we
made them.
0 Now, does your list show one Frank Stanley?

1 f

A I will check through it and see. Yes, sir. He will be num­
ber three.
Q Pick out Frank Stanley there, if you will, please.
THE COURT:

Let me see them, you have got the names on them?
THE WITNESS 2

Yes, sir.
THE COURT %

You placed them there yourself, the names?



409

THE WITNESS:
No, sir, I didn't place the names on the back, I wrote 

them on this piece of paper.
MR. MOORE :

Your Honor, I can't hear the witness testifying.
THE COURT:

I misunderstood him. I thought he said that he marked the 
names on the back of the photographs, and he said thatbhebdid not 
do that, that he had them on a separate piece of paper.
Q Do you have a photograph there identified as Frank Stanley?
A I do, sir.
Q What is shown by that photograph?
A What is shown by the photograph?
(369) Q Yes, sir.
A It just shows a photograph of Frank Stanley stripped to 
the waist.
THE COURT:

I think all of thenuare that same thing, aren't they? 
the WITNESS:

Yes, sir. 
the COURT:

Couldn't you ask one question to cover them all?
*®. HAYES:

Yes, sir, I am going to with the exception of this particulae 
•̂ar question, Judge,



410

Q How long after the arrests was it before those photographs 
were made?
A Within two hours.
Q Do you see anything on that photograph indicating any 
bruises or marks of violence of any kind against Frank Stanley?
A No, sir, 1 don't.
Q Have you examined all of those photographs?
A I have* sir.
Q Do you see anything in those photographs to show any bruises 
or marks of violence or any type whatsoever?
A No, sir, I don't.
MR. HAYES:

I would like to offer these photographs into evidence.
THE COURT:

Well, he hasn't seen them yet. Exhibit them to opposing 
counsel first.
(370) MR. MOORE:

We have no objections to the photographs.
THE COURT:

Admitted without objections.
MR. HAYES:

They will be Defendants' Exhibits 11 through 61.
THE COURT:

All right.



411

MR. HAYES:

Your witness!
MR. MOORE;

May I have a few seconds, Your Honor?
THE C O U R T :

Y es.

........ .......------CROSS EXAMINATION------------------------
BY MR. MOORE;
Q Officer Walden, how long have you been with the GBI?
A I have been with the GBI for twenty years.
Q I thought you testified that you had been with them 32 
years?
A I have been with"the Department of Public Safety that long. 
Q And what did you do with the Department of Public Safety 
prior to becoming a GBI Agent?
A I was a uniform man.
Q That was with the State Patrol?
A Right.
Q Where were you stationed during the 32 years?
(371) A My first post of assignement was at Americus, Georgia. 
Brunswick, Georgia, was the second, and then Swainsbor, Carters- 
v̂ lle and Dublin.
Q And what are your hours of employmeht with the GBI now?
 ̂ My hours of employment?
 ̂ Twenty-four hours a day, seven days a week.



412

A I do.
Q How long have you lived in Dublin?
A Dublin is my home.
Q Do you know the attorney here, Mr. Hayes?
A I do.
Q Is he a friend of your's?
A Well, I have been knowing Mr. Hayes every since he has been
in Dublin. I consider him to be my friend.
Q What about Chief Josey?
A I have been knowing Chief Josey for about eight years.
Q Do you consider him your friend?
A I sure do.
Q Did you know him when he was over in Cochran?
A I did.
Q Was he your friend over in Cochran?
(372) A That is right.
Q You worked together from time to time?
A Worked together.
Q Now, were you assigned to cover civil rights demonstrations
by the GBI?
A I was requested by the Police Department and the Sheriff s
Department to observe these that we were having in Dublin.
Q Did you receive any official assignment from Atlanta to do

so?

Q And do you l i v e  th ere  in  Dublin?



413

A I didn't have to.
Q I am asking you, did you?
A I did.inot.
Q And your roll was one of observance, is that correct?
A That's correct.
Q Where can I find the regulations which permit you to take 
photographs of persons arrested on city charges?
A X don't know where you can find them.
Q By that, do you mean there is no such regulation?
A I don't know about you finding them, but we photograph 
prisoners.
Q I am asking you about the regulations?
A I don't know about the regulations.
(373) Q You don't know whether there is a regulation or not, 
do you?
A Well, I know that we do it.
Q Were these photographed in the GBI Office in Dublin or in 
the county jail?
A They would be at both places.
Q In both places?
A ThafcJs right.
Q I am asking you where the pictures were taken?
A They were taken at the county jail. Excuse me. I thought 
7°u said where are the pictures now.
Q They were taken at the county jail?



414

A At the county jail.
Q Was that a machine provided by the Georgia Bureau of Inves­
tigation?
A It was.
Q Is it stationed at the county jail?
A Beg your pardon?
Q Is the photographic camera kept at the county jail?
A No, it isn't it.
Q Now, did you bring it over from the GBI office?
A No, I didn't. Captain Hutchins did.
Q Did you order him to bring it over?
A I didn't order him. He is my boss.
(374) Q He brought it over?
A Yes.
Q Now, the purpose in making these pictures were to be able
to keep civil right demonstrators under surveillance, is that not 
true?
A I didn't know anything about that surveillance business.
Those pictures were made after the arrests were made.
Q And then you have a record of persons who have been involved 

in civil rights demonstrations?
A I have never seen any records of any people that were in­
volved in my department there in Dublin.
Q And you have never seen any situations where you str ip p ed  

people down to their waist and take their pictures, have you?



415

A Oh, yes.

A Everytime we make pictures, except on the women.
Q But you don't have any express authority to do that, do you?
A Well, I don't know what express authority you would have
to have, but that is the way we do it.
Q Are you a member of the First Baptist Church of Dublin?
A I am.
(375) Q How long have you been a member there?
A I have been going there 52 years.
Q I show you defendants exhibit "d-58" and ask you to examine 
it?
A All right.
Q When you took those pictures, what was your purpose in tak~ 
ing them?
A We made a picture of all the prisoners that were arrested 
that night.
Q What was your purpose in doing so?
A The purpose was to have a record of those that were arrested. 
Q Was there any other purpose?
A That was it.
Q Then your purpose in photographing the persons was not to 
determine whether they had bruises and contusions but to have 
a record about whether they had been arrested or: not?
A photograph all the prisoners that we arrest.

Q Do you do that commonly?



416

A Rephrase that question, or restate it, either one you want 
to. What did you ask me?
Q I asked you if the purpose in taking the pictures was not 
to photograph bruises and contusions but to have a record of the 
persons who had been arrested?
(376) A Right.
Q Now, you testified that all of the 52 persons that you pho­
tographed on the night of August 11th were arrested while picket­
ing, is that correct?
A The were arrested while either picketing or demonstrating.
Q And you testified that all of the 52 persons that were ar­
rested were on picket lines, is that correct?
A All were, or had been, or involved in it one way or the 
other.
Q So, you concluded?
A That's right.
Q You were not present at the time the pickets were arrested 
in the SCOPE office, were you?
A I was right in front of the Scope office when that happened.
Q You were right in front cf the Scope office?
A Right.
Q And you don't know whether or not the people that Police
Chief Josey brought outside had been on the picket line earlier 
or not, do you?

Q W ill you answer the q u estio n ?



417

A Most of them had.
Q Which ones?
A Well, I couldn't name them.
(377) Q So you don't know whether they had or not?
A Well, I knew them by their face.
Q How long had you been observing these people?
A I have been observing them every since they have been in 
Dublin.
Q So you would be able to recognize them by their names?
A No, I wouldn't be able to recognize them by their names. I 
don't even know your name.
Q Did you see the Chief when he brought out Linda DeNotie?
I will show you this picture.
A Well, I would know by looking on the back. Yes, sir, I 
remember her. I remanber him coming out with her.
Q He had her by the arm, didn't he?
A When I saw him, he didn't.
Q He had her though, didn't he?
A She was in front of him when I saw her.
Q And that is all you saw?
A Yes.
Q But she came out of the SCOPE Office, didn't she?
A Well, the way that building is built, they had a blackboard 
°r something across there, and when I saw them they were coming 
°ut of what appeared to be a grease rack place thing there, or
something.



418

Q Back behind a board?
A Back behind this service station there, South Side Service 
Station, I believe it is.
Q You personally saw the Chief arrest her, didn't you?
A No, I didn't see him personally arrest her. I saw her com­
ing out ahead of him.
Q The Chief was right behind her?
A He was right there behind her, close to her.
Q Now, I show you Defendant's Exhibit "D-56", Who is that 
picture of? Does it show on the back?
A Charles Lattimore.
Q Now, you don't know who hit that fellow in the eye, do you?
A No, sir. I didn't see anybody hit him.
Q You didn't see anybody hit him.
A No, sir.
Q And you don't know who hit him, do you?
A If anybody hit him, I didn't see it.
Q I show you defendants' exhibit "D-53", and I ask you if 
you know the person who hit the person shown in that p h o t o g r a p h ?  
A If he was hit, I don't know a thing about it,
Q I show you defendant's exhibit "D-33", and ask you if you 
know the person who hit that man on his head?
(379) THE COURT:

Let me see those pictures when you finish with them.



419

the WITNESS:
All right, sir. If anybody hit him, I didn't see him. 

q The photograph that you have here of Frank Stanley merely 
shows his face, shoulders and his chest down to his waist line, 
right?
A That's right.
Q And his arms down to his forearms, is that correct?
a I will have to look at the picture to tell you. That is
correct.
Q What is the exhibit number on that one?
A 59.

Q D-59?
A Yes.
Q Just one other question, Chief Walden, Pardon me. I keep 
calling everybody chief. Did you drive out to the service station 
that night?
A I drove out to the front of the station that night,
Q In front of the station?
A Yes.
Q Do you have Plaintiff's Exhibit "P-4" there?
 ̂ Here it is.
Q I show you plaintiff's exhibit "P-4", is that a reu repre­
sentation of the area?
(380) A Yes, sir, that looks pretty good.
Q What time did you arrive at the station? Is it Captain



420

Walden or what?
A No, Special Agent.
Q Special Agent?
A Yes.
Q What time did you arrive at the station?
A It was around 8:00 o'clock, I presume.
Q Was it before eight or after eight?
A About eight, or maybe a little before or a few minutes af~ 
terwards, it could be either way.
Q What kind of a car were you driving?
A I was driving a Plymouth?
Q Where were you parked?
A I can't tell you exactly where I parked but it was near 
the service station.
Q Do you have any recollection of where you parked?
A It was on Glenwood, along in here. I don't know exactly
where. It was on Glenwood in here somewhere.
Q On the side where the station was?
A Yes, it was.
Q Was it inside of the station perimeter?
A I believe I did pull up in there.
Q Do you have any objections in taking this pen and marking
a "W" where your car was parked?
(381) A Well, now, I wouldn't say it was parked in the exact 
spot.
Q Just your best estimate?



421

A I was in and out there a good bit. Wait a minute*/! pulled 
up Warbash and came right in here.
Q 0. K. Put a "W" right there?
A All right.
MR. MOORE:

Let the record show that the witness puts a ”W" on Plain- 
tiff’s Exhibit ”P-4" where his car was parked.
Q Mr. Walden, were you out at the station earlier in the day?
A Yes, sir.
Q Were you out thererat the time Chief Josey put up the barri­
cades?
A Well, wait just a minute now. Let me think* I think I was.
Q Do you know whether the barricades were still up when you 
came back out there that night?
A That I can't remember.
THE COURT:

Anything else for this witness?
MR. MOORE:

Just a couple of questions, Your Honor.
the court:

All right, lets move along.
Q Mr. Walden, here is an exhibit marked Plaintiffs’ Exhibit 
"P-10", and I will ask you whether or not you recognize it?
(382) A That looks like Todd’s Sinclair station there on the 
left.



422

Q I will ask you if you can recognize - you can see in the 
picture there a barricade. Can you see that?
A Yes, that's right.
Q Would you say that barricade is across that drive way there?
A That barricade looks like it is across where the side walk
goes there. Here is your drive way that goes into the service 
station. There is a barricade there. Here is one here.
Q All right. So, the way it is shown in this exhibit 
that at the south drive way on Glenwood there is a barricade run­
ning perpendicular to the drive way, is that correct?
A That's the way it looks, yes, sir. I think so. That looks 
like a barricade there. Here is one here, and it looks like 
one there.
THE COURT:

Let me see that picture with the barricade in it.
THE WITNESS;

All right, sir.
THE COURT:

Where is the barricade?
THE WITNESS;

Judge, that looks like a barricade there, and one down here. 
Q Now, you observed the picketing?
A Yes.
(383) Q Now, the pickets would go up to the barricade, as *-s 
shown i n  Plaintiff's Exhibit " P - 1 0 "  and then turn around arid c o m e



423

back down to the north drive way and turn around and walk back 
to the barricade, is that right?
A Well, at one time there they were picketing the whole area 
there on the Glenwood side, drive ways and all.
Q Chief Josey came out ahd barricaded that off, didn't he?
A Well, I don't know what day that barricade was put up.
This picketing went on for several days. Now, whether there 
was a barricade up on the night of the 11th, I don't remember.
I know that the barricades were put up one afternoon out there.
Q Very well. Now, do you carry a weapon?
A I hardly ever.
Q Op what occasions do youcarry a weapon?
A Well, I might carry one if I know I am going out to arrest 
some hardened criminal,
Q Any other times?
A Never, no, sir.
Q Do you ever carry a weapon on Sunday?
A Now, if you are getting to that church business, I have
never worn a weapon in church.
Q How about outside of the church?
A Outside of the church either.
(386) MR. MOORE:

The witness is with you.
MR. HAYES:

Judge, I left out one picture and I think it is important 
that you have them all.



424

THE COURT ;
All right.

MR. HAYES;
He has already identified it.

THE COURT;
All right, tender it to counsel.

MR. HAYES;

Ut was in the group, but it wasn't marked. We offer that 
in evidence as Defendant's Exhibit No. 62.
THE COURT;

All right, any objections?
MR. MOORE;

No objections.
THE COURT;

All right, it is admitted without objection. Anything else? 
MR. HAYES;

Yes, sir, one question.
THE COURT;

All right.
—  «REDIRECT EXAMINAH ON--'-- ------------
BY MR. HAYES;
Q This Frank Stanley that he asked you about what the picture 
showed, did you see him stripped that night?
A Did I see him stripped?
Q Yes, sir?



425

A When they brought him in he was stripped to the waist.
Q Did you observe his back?
A It looked all right. J looked at it.
(387) Q What did you observe?
A I just observed a boy standing there that we made a photo­
graph of, nothing unusual.
MR. HAYES:

All right, that's all.
THE COURT:

All right, you may go down.
MR. MOORE:

Just a minute.
.................. RECROSS EXAMINATION.......... -...... -....
BY MR. MOORE:
Q You didn't pay any particular attention to what he looked 
like. You just wanted the best picture you could get, isn't 
that right?
A Well, we looked at all of them and took their names when 
they came by, Captain Hutchings and I both did.
Q That was for the purpose of making that picture, isn't that 
tight?
A Right.
................... -REDIRECT EXAMINATION.......... -...... —
31 MR. h a y f .s ?
 ̂ If he had any bruises, or anything on him you would have



noticed it?
(388) MR. MOORE:

I object to that .
THE COURT:

I think that is admissible because there was testimony 
here before, as I recall, that that boy got beat, wasn't there?
MR. HAYES:

Yes, sir.
MR. MOORE:

That is not a permissible question.
THE COURT:

Why not?
MT. MOORE:

It is a leading question, and is an attempt to impeach
his own witness.
THE COURT:

What a man could see if certainly admissible. He said he
saw it and he didn't see any bruises, I think that is admissible 
evidence, I will admit it. You may step down before they think 
of some other questions, and I have reference to both sides.
(389) ARTHUR L. LANE, JR..

SWORN FOR THE DEFENDANTS, TESTIFIED.
ON DIRECT EXAMINATION

BY MR. HAYES:
Q For the purpose of the record, will you state your name?
A Arthur L. Lane, Jr.

426



427

HR, MOORE:
Your Honor, I hate to interrupt him, but will the witness 

raise his voice just a little?
THE WITNESS:

Arthur L. Lane, Jr.
Q Do you have an official position?
A City Manager of Dublin, Georgia, yes, sir.
Q How long have you been so employed?
A Since April 1st, 1965.
Q Mr. Lane, before that date, what did you do?
A Assistant City Manager at Waynesboro, Virginia.
Q What size town is that?
A About 18,000.
Q And what is the population of the City of Dublin? Do you 
know the population of the City of Dublin?
A It is estimated right now as between 15 and 16,000.
Q What are the duties of a General Manager of a City -- Strike
that. What are your duties, as City Manager of the City of Dub- 
ttn, Georgia?
 ̂ Well, briefly, I would say to co-ordinate the (390) activi- 
ttes and direct the activities of the various departments, such 
as your streets and what- have you and counsel administrative re­
presentatives .
 ̂; Do you have any jurisdiction over the Police Department of 
the City of Dublin?



428

A Yes, I do,
Q What is that?
A Well, I am the administrative head of all of the departments 
of the city, other than the Clerk's office, of course.
Q What control, if any, do you have over the police depart­
ment?
A Well, I don't know exactly how to answer that Mr. Hayes, 
but I do have a certain amount of control, which 1 try not to 
exercise any more that I actually have to. I try to leave the 
operation of the Police Department and other departments to the 
department heads.
Q Who does the hiring and firing of policemen? Qf the City 
of Dublin?
A The Chief of Police does this, with my sanction in most 
cases, of course.
Q Are you familiar with the recent civil rights demonstrations 
conducted by the NAACP and SCOPE in the City of Dublin, Georgia? 
MR. MOORE:

Your Honor, I object to that question about being conducted 
by the NAACP# He hasn't shown that they were conducted (391) by 
the NAACP#
THE COURT :

What?
MR, HAYES:

The pleadings themselves show that. I asked him if he was



429

familair with the recent civil rights demonstrations conducted 
by the NAACP and SCOPE in Dublin, Georgia.
THE COURT:

Now, what was your objection?
MR, MOORE:

I don’t believe, the evidence shows that.
THE COURT:

What were the pleadings?
MR. HAYES:

The pleadings say they were. All through their pleadings 
they say this man is acting and gives his title and what his 
authority is with the NAACP.
THE COURT:

I mean as far as this man is concerned.
MR. MOORE:

Your Honor, I have no objections to him asking if they 
were civil rights demonstrations. 
the COURT:

All right, that doesn’t make any difference.
HR. HAYES:

Judge, I would like to have my question like it was asked, 
it is all right :rwith you.

THE COURT:
I don’t see where it makes any difference one way or the 

other, but just to get sloncg I will sustain that part of it.



430

MR. HAYES:
All right, sir. Can he answer that?

THE COURT:
No, I guess not.

Q Are you familiar with the recent civil rights demonstra­
tions held in the City of Dublin, Georgia?
A Yes, sir.
(392) Q As City Manager, were any requests for demonstra­
tions made to you?
A Yes.
Q How were they made?
A In writing.
Q Do you have the requests?
A Are you speaking precisely of the march/
Q I am speaking of any?
A Oh, yes, I have a copy of each one.
Q Let me have the request, please. When was the first re­
quest made?
A July 29th.
Q Who was it made by?
A It was made on behalf of Reuben Gamble, but not by 
Reuben Gamble. I believe at this particular time it was two 
Negro women came to see me. I know they did on the latter 
occasion, and I think it was true on the first one.
Q Was it oral or in writing?



431

A No, this was oral,
Q What was their request?
A To conduct picketing at Colonial Stores and Winn-Dixie 
Stores.
Q Did you grant that request?
A Yes, I did.
(383) Q How did you grant that request?
A I granted it in writing here in the form of a letter, 
limited to six pickets per location.
Q What did you do with the letter, the original letter?
A The original letter was given to the ones that requested
it. They came by my office and picked it up.
THE COURT:

Who were the women?
THE WITNESS:

Your Honor, I couldn't say.
THE COURT:

Don't the letter show?
THE WITNESS:

No, they requested it on behalf of Reuben Gamble and 
the letter was addressed to Mr. Reuben Gamble.
Q Do you have that letter?
A Yes, I do.
MR. MOORE:

Your Honor, to expedite the proceedings we will be



432

willing to stipulate that the letter was sent, and I guess 
that is a copy of it there.
THE WITNESS:

Yes.
THE COURT:

You have no objections to him introducing it into evidence, 
do you?
MR. MOORE:

Let me make sure. Let me see it.
THE COURT:

All right. Lets get them all out at one time so he can 
see them.
MR. HAYES:

Your Honor, I have a letter here, marked Defendant's 
Exhibit No. 63, dated in August, and Defendant's (384) Exhibit 
No. 64, dated August 5th, and Defendant's Exhibit 65, dated 
August 18th, and Defendants Exhibit 66, dated July 29th and 
Defendant's Exhibit No. 67, dated August 2nd. All of these 
dates are in the year 1965, and they are to be admitted 
without objections.
THE COURT:

What are those letters? I don't know.
MR, HAYES:

Well, I haven't read them into the record.
THE COURT:

Well, you needn't read them, it will take up so much



433

time. You give them to me. I think I can at least read.
MR. HAYES:

Yes, sir, I know that Judge. There is a City Code 
Section that provides for all parades and asemblies and so 
forth to get a permit from the City Manager before they 
parade and picket and so forth.
THE COURT:

I think I saw that in the pleadings.
MR. HAYES:

Yes, sir. And these are letters in answer to requests 
for these picketings, setting forth that they have the 
authority to picket, the number of pickets that they can use 
and the time they can picket.
THE COURT:

All right.
Q Now, those are all the same except different instances. 
This other letter here, the last one, is a request for police 
protection for this mass march. With reference to the request 
for police protection for the mass demonstration to be held 
on the 4th of August, 1965, did you do anything with (385) 
reference to that reqest?
A I discussed it with the City Council, yes, sir.
Q And did you furnish police protection?
A Yes, sir.
Q State the type of police protection that you furnished?



434

A You want --- 
THE COURT:

(Interposing) I think the pictures and all show that, 
don’t they, as to the police protection that was given?
MR. HAYES:

Yes, sir.
THE COURT:

Do you want to go through that again? Isn’t it in 
evidence?
MR. HAYES:

If you don't want to hear it, we wont go through it.
THE COURT:

I will hear any evidence you all have, but I was just 
trying to simplify the matter and get through with the case.
MR. HAYES:

All right, sir.
THE COURT:

Well, now, if you want to introduce it, I have no 
objections for either one of you. I don't think I have ruled 
out any evidence. I am just trying to simplify it.
MR. HAYES:

All right, sir.
Q Are you familiar with a By~racial Committee in the City 
of Dublin, Laurens County, Georgia?
(386) A Yes, sir, as it is now named it is the Human Relations



435

Committee. It is a Bi-racial Committee.
Q Are you a member of that Committee?
A I am ex-officio member. I do not have a vote on it.
Q How long have you been a member?
A Since April 1st, when I assumed the job that I am in.
Q How many meetings have you attended of that Committee?
A I would say approximately eight.
Q Is that a functioning committee?
A Yes, sir.
Q Describe the committee to the court?
THE COURT:

And at the same time let me know how they are elected,
I think that is very important.
THE WITNESS:

The City Council appointed a Citizens Advistory Committee 
sometime last fall. I wasn't here at the time. As an out­
growth of this committee they established a Human Relation or 
Bi-racial Committee.
THE COURT:

Who appointed that Committee?
THE WITNESS:

The Chairman of the Citizen Advisory Committee took names 
that were submitted to him by a Committee they had to establish 

particular Committee, so then the (387) Chairman appointed 
them and it is based on population as nearly as possible. There



436

are seven whites and four Negroes currently on this committee, 
for a total of eleven of them.
THE COURT:

How does that compare with the population?
THE WITNESS:

This is on the same basis as your population, as near 
as you can get to it. It is 38% Negro and the rest white.
THE COURT:

You tried to be in conformity with the population?
THE WITNESS:

Yes, sir,
THE COURT:

All right, do you appoint them who have taken no sides, 
or as nearly impartial as you can?
THE WITNESS:

Yes, sir. They are definitely supposed to be impartial. 
THE COURT:

What do you mean by "suppose"?
THE WITNESS:

Well, you don't have any guarantee.
THE COURT;

You tried to select impartial people?
THE WITNESS:

Yes, sir.
THE COURT:

By the Chairman of this committee?



437

THE WITNESS:
Yes, sir, that's right.

THE COURT:
He is appointed by the committee and the committee is 

appointed by the Council?
THE WITNESS:

Yes, sir.
Q Do you know the names of this committee?
A Yes, sir.
(388) Q Will you read them into the record?
A Yes, sir. Wilbur S.Jones is Chairman. David Mercer.
THE COURT:

What does Wilbur Jones do?
THE WITNESS:

He is the Sinclair Dealer. 0. T. Tarpley. Bill Lovett.
MR. MOORE:

You asked a question, Your Honor. I don't think I got it. 
the COURT:

I was trying to find out who the Bi-racial Committee is 
and how they were selected, and he testified to that, and then 

attorney asked him who were the members of the Bi-racial 
Committee. I asked him about the population to see how that 

the white and Negro population respectively as to how 
that runs and he stated it.
HR. MOORE:

Your Honor, I thought you asked him something about Chair- 
tan.



438

THE COURT;
I asked him who was Chairman of that Committee.

MR. MOORE:
And then I thought you asked something else.

THE COURT:
I asked him what the Chairman did.

MR. MOORE:
Who did he say he was, or did?

THE COURT:
He said that he was the Sinclair Oil representative.

MR. MOORE;
Thank you.

THE COURT:
Go ahead.

(389) THE WITNESS:
The fourth name is Bill Lovett, Sarah Orr Williams,

Dr. James Kibler, Martha Hooks, A. F. Cummings, Lucius Bacote, 
Ed Bates and Ruth Mays.
Q Now, will you call out the colored people that are members 

of that committee?
A Yes, the last four that I read: A. F. Cummings, Lucius
Bacote, Ed Bates and Ruth Mays.
Q Do you know of your own knowledge whether or not any of 
those members are members of the NACCP?
A Yes, I do.



439

Q Which ones?
A The only one that has openly stated that he was was 
Ed Bates.
Q That is the only one that you know of your own knowledge?
A We were discussing this one day in a meeting and he
definitely stated that he was.
Q Mr. Lane, can you tell the court - strike that. Has 
this committee accomplished anything that you —  Well, strike 
that also. Has this committee accomplished anything since you 
have been an ex efficio member of it?
A Yes, sir.
Q Can you state what those accomplishments were to the 
court?
(390) A Well, the ones that I know of that was the direct 
out growth of it was that we have hired two Negro policemen.
We have helped to integrate the restaurents and places of public 
accomodation. They have had some integration of the hospital 
but to the extent of this I do not know.
Q The hospital has been integrated?
A Yes, sir, it has been integrated.
Q What else?
A Employment of Negroes in local factories. Desegregation
°f the theater and there are other things that the committee 
bas indirectly had influence on, such as the hiring of two 
Negro deputy sheriffs, Negro court baliffs, Negro jurors, grand



440

and traverse, and this committee definitely did a lot of work 
toward having Negroes employed in department stores and other 
businesses down town.
THE COURT:

Will you make me a list and mail it to me?
THE WITNESS:

Yes, sir.
MR. MOORE:

I wonder if counsel can have a copy?
THE COURT:

Certainly. Mail counsel on both sides a copy of it.
THE WITNESS:

Yes, sir.
MR. MOORE:

Now, Your Honor, we are going to object to the witness 
testifying to something in the newspaper.
THE COURT:

I don't know what it is. I haven’t heard anything about 
a newspaper.
(391) MR. HAYES:

I am just going to identify this. The plans for school 
desegregation which, of course, is not a city function. There 
are certain rules and regulations that these schools have to 
run an add in the newspaper as to what has been done, and I 
have here a plan for school desegregation and it gives a plan



441

which has been approved by the Federal Government.
THE COURT:

Well, I don't think that would have anything to do with 
this case. He can testify as to what this committee has 
done, I think that is admissible, but I don't think an article 
in the newspaper would have anything to do with this case.
MR. HAYES:

All right, sir, but let me say this.
THE COURT:

All right.
MR. HAYES:

In their petition they allege all of these things, that 
they have no rights up there, nothing.
THE COURT:

Well, this gentleman has testified to what rights they 
have, and I think that is sufficient.
MR. HAYES:

All right, sir. Your witness.
THE COURT:

Any questions?
MR. MOORE:

Yes, sir.
..................... CROSS EXAMINATION — .............. ....
M  MR. MOORE;
Q Mr. Lane, Mr. Wilbur S. Jones is a member of the First



442

Baptist Church, isn't he?
(392) A That's right.
Q Are you a member of the First Baptist Church?
A No, I am not.
Q I think your testimony was that the Human Relations - 
that the Chairman of the Citizens Advisory Committee picked 
the members of the Human Relations Committee, is that correct?
A That is correct, yes, sir.
Q Now, the original members of the Citizens Advisory 
Committee are all white persons, is that right?
A No, that is not correct.
Q Who was on the Board of Citizens Advisory Committee?
A When it was originally set up last fall I understand 
there were around 60 members on it, of both races, now, I under­
stand it was around 60 members. I haven't seen anything

on this, but I do know that I have attended one of 
those meetings when I would say there were approximately 25 
of those members present at the meeting,
Q Twenty-five members of the Advisory Committee?
A Yes.
Q Is that still in existence?
A Yes, it is.
Q You don't know how these persons were selected to serve 
on the Citizens Advisory Committee, do you?
A My understand is that they were appointed by the C o u n c i l -



443
(393) Q By the City Council?
A Yes, sir.
Q Was that in an election?
A No.
Q But there are no members of the Negro Race on the City
Counsel, are there?
A No, sir. That’s right.
Q And then the Advisory Committee selected the persons who 
would be on the Human Relations Committee?
A That's correct.
Q The Human Relations Committee was not appointed by the
Citizens Council?
A That's right.
Q As a matter of fact, the Human Relations Committee only
has an informal status, is that correct?
A That is true.
Q They do not have any official standing or authority?
A It is strictly a recommending body, regardless of who it
is appointed by, it is still a recommending body.
Q Just to recommend, right?
A That's right.
Q And it was set up by population ratio, so there would 
he a white majority?
A No, I wouldn't say that.
(394) q Well, it was set up that way?
 ̂ It was set up on a population basis, yes, but to say it 
was definitely to be a white majority, I would not agree



444

with that, no.
Q There are more white people on it than Negroes, right? 
A That’s right.
Q Now, what is the white population of Dublin?
THE COURT:

I think I asked him that and he answered that question. 
MR. MOORE:

He said between 15 and 16,000, but he did not break it 
down by the races.
THE WITNESS:

The 1960 census said that it was around something like 
8,000 whites and 5,000 Negroes.
Q Eight thousand Negroes —
A No, whites.
Q Eight thousand and some white?
A Yes. That is the 1960 census that I am quoting now.
It was only around about 13,200, I think, I don't know the 
exact figure.
THE COURT:

The entire population?
THE WITNESS:

The entire population, yes, sir, but the population now 
is estimated between fifteen and sixteen thousands.
Q And you don’t know whether the increase has been in 
favor of the Negro race or the White race?
(395) A I have no way of knowing that.



445

q All right. But the representation on the Human Relations 
Committee is tagged to the 1960 census?
A That is correct, yes.
q And that, roughly, based on the 1960 cenus, that means 
■ I think you said fifteen members?
A No, it’s eleven members.
Q Of the Human Relations Committee?
A Yes, sir.
Q And that would entitle white representatives to seven 
and Negroes to four?
A That is correct.
Q You say that is a fair mathematical balance?
A I wouldn't say that it was exactly, but I would say it 
was at the time the committee was established.
Q Now, there were two suits filed by the United States 
Justice Department to desegregate restaurents in Dublin, is 
that correct?
A I read it in the papers is the only way I know it.
Q But even after the 1964 Civil Rights Act of 1964 was 
Passed, there were still restaurent segregation in Dublin?
A I understand so. I am not familiar with the suits. All 
1 know is that I read an article in the paper that the suits 
had been filed.
(396) Q Now, you are not acquainted with the hospital situa- 
°̂n either, are you?
A No, I am not.



446

Q You don't know, of your own personal knowledge, that the 
Investigators have come here from the Department of Health, 
Education and Welfare to investigate the continuous segregated 
wing of the hospital?
A No. I do not know of this.
Q You spoke of theaters. It is a fact that the theaters 
did not accept Negro patrons on the same basis of the white 
until after the enactment of the Civil Rights Act of 1964?
A I was not in Dublin. I do not know, but since I have
been in Dublin it has become desegregated though.
Q You have been in Dublin since when?
A Since the first of April.
Q Now, as to Negro jurors on grand and traverse juries, 
that is a county function?
A County and State, yes sir. I am not too familiar with 
that.
Q You don't have anything to do with that at all, do you?
A No, I do not.
Q Your testimony that there are Negro grand and traverse 
jurors is based upon hearsay, is that right?
A Yes, since I have no official connection with it.
(397) Q Now, I believe you testified that there were Negro 

Baliffs?
A Yes, I did.
Q That is in respect to the Superior Court, isn't it?
A Yes.



447

Q That is not in respect to the Recorder's Court or Chief 
Josey?
A No.
Q There are no Negro baliffs in the Recorder's court!
A No.
Q Are you a member of the National Association of City 
Managers?
A Yes, I am. It is the International Managers- International 
City Managers' Association.
Q International?
A Yes.
MR. MOORE:

Your Honor, I would like to ask this question. It might 
be a little irrelevant.
Q City Managers are usually a favorite of smaller towns, 
isn't it?
A No, sir, this is not true,
Q Isn't there some type of population or statistics rela­
tive to efficiency or inefficiency?
A No, sir. Some of the largest cities we have in the 
United States have City Managers. They vary anywhere from 
1500 (398) population to a half a million.
Q Did you attned the meeting with Sheriff Bussell, the FBI 
Agents, Mr. Walden, Oolice Chief Josey here and Lt. DeLoach, 
sometimes called Chief, about a large march or demonstration in 
Dublin?



448

A The meeting was held in my office, but Chief Josey 
was not present. The rest of them you named were present.
Q Chief Josey was absent?
A Yes, sir.
Q Is that based on your best recollection?
A Was this on Tuesday afternoon of August 3rd?
Q Were there any other meeting?
THE COURT;

Well, he is trying to familiarize himself with dates. 
What date was that particular meeting you have reference to? 
MR. MOORE;

Your Honor, I was under the impression, based upon 
Lieutenant DeLoachjs testimony, that the metting was on a
Saturday. Now, I could be wrong.
THE COURT:

What day of the month, do you know that?
MR. MOORE:

That must have been about ---- 
THE COURT;

(Interposing) I want to get the date because this witness 
here would be handicapped. Tell him what date it was and then 
it will refresh his recollection.
MR. MOORE;

Your Honor, the only thing I have to go on is that Lt. 
DeLoach testified, and I am trying to repeat his (399) testi­
mony correctly, that the meeting was held on Saturday before



449

the march.
MR. HAYES:

He didn't say that. On cross examination you asked him 
about some meeting, and he said he didn't think it was held 
on that day, but that he thought it might have been held on 
Saturday, but he didn't say it was held on Saturday.
THE COURT:

Well, lets get the date. I suppose the witness wants 
that date.
THE WITNESS:

Yes, sir.
MR, HAYES:

I started to question him about it before and you said 
that you didn't think it was necessary. The meeting was held 
on the 3rd day of August, the date preceding the parade, and 
that was the only meeting held, and the Chief of Police was 
not there.
THE COURT:

Well, if you will agree to that. Of course, he is not 
testifying, but he is stating his recollection of the evidence. 
How, if that is the date you have in mind, then you can ask 
him if that is the particular date you have in mind.
HR. MOORE:

Well, maybe this will clear it up.
Q Mr. Lane, was there more than one meeting held involving



450

these people that I have just mentioned concerning this parade? 
A Involving this parade?
Q Yes, sir.
A No, There was only one meeting.
(400) Q Then we can agree that it was on Tuesday, I suppose? 
A It was on Tuesday, August 3rd.
Q All right. And you say that the Chief was not present?
A That's correct.
Q The Chief had not left town at this time, had he?
A Yes, he had.
Q When did he leave town?
THE COURT:

That is the same meeting, isn't it. Didn't he say that 
the Chief had gone on his vacation that same week?
THE WITNESS:

The Chief left the preceding Sunday round 3:30 in the 
afternoon, as well as I can remember.
Q All right, the Chief had left town?
A Yes, sir.
Q Was it your advice that the Chief leave town?
A Not at my advice, no.
Q Did you suggest it?
A No, absolutely not. He had a vacation planned/ He had 
a free place to stay where he went on his vacation and we 
had talked about it before and when we heard about the march 
I told him that I thought he should go ahead and take his



451

vacation. We discussed it. I was in agreement with him taking 
it, since I didn't know when he would be able to get these same 
accomodations again that he was offered at this particular 
time by a friend of his, and this is the reason he went on his 
vacation at this (401) time.
Q And this worked out co-advantageous to the city?
A No, sir. I would not say that.
THE COURT:

What was that? I didn't catch the question. What did 
you ask him?
MR. MOORE:

I asked him was it not also coadvantage to the city 
for the Chief's vacation to come up at that particular time.
THE WITNESS:

I think we did a very good job in providing law pro­
tection, but I think we would have done equally as good a 
job or maybe a little better had the Chief been there.
Q But you haven't had a demonstrstion of this size with 
the Chj[ef present in town, have you?
4 We have not, no.
Q Then you don't have any basis to make that judgment, do
you?
4 I am basing it on his ability as a Police Chief.
Q But you haven't had any experience with his handling 
large demonstrasions, have you?
A We have not.



452

THE COURT:
All right, you may come down.

MR. HAYES:
Let me ask him one question.

THE COURT:
All right.

.... —  <—  ---- --- ------ REDIRECT EXAMINATION............ ....
(402) BY MR. HAYES:
Q This attorney, by other witnesses, has inferred that 
thie Chief was a hot-head and you had sent him out of town 
during this period of time. Is that true?
A That is not true. This is what I tried to clarify in my 
answer just now.
Q All right, that's all.
THE COURT:

All right, you may go down.
MR, MOORE:

Just a couple of questions.
............... ..... . RECROSS EXAMINATION -...............
BY MR, MOORE:
Q Mr, Lane, is the Human Relations Committee about to 
dissolve?
A This is a little hard to answer. The Council right now 
has taken under advisement the appointment of a new committee 
or either appointing this committee with possible additions 
or something. They are studying right now the possibility of



453

changing this committee, since it seems to be - or a lot of 
people seem to think that they don't have any legal standing, 
or something, which I still don't think they will have, but 
they do have this under advisement right now. The present 
committee is not dissolved, no. It is still active.
THE COURT:

All right.
(403) MR. HAYES:

Judge, I hate to keep doing this, but there is one other 
question in rebuttal to that.
THE COURT:

Well, it seems to be in order for the last two or three 
days for both of you to keeping jumping up one behind the other. 
MR. HAYES:

Well, may I ask him one question?
THE COURT:

Yes, go ahead.
................ -..... REDIRECT EXAMINATION -....... .... . —
BY MR. HAYES:
q Do you have in your possession any demands made upon the 
Mayor and Board of Aldermen from this Human Relations Committee?
A Yes, I do.
Q May I have it?
A Yes, sir.
Q What is this?



454

A This is a list of demands that was presented to my 
office. I was not in the office at the time, but the day 
of the march Reuben Gamble, Bobbie Hill and I don't know 
who.else -- I saw them ccme out of the office, but I don't 
know who else was with them, although I understand there was 
some one else with them, took these to my office and laid 
them on the desk and then (404) they went back and joined 
the march and left those with me.
THE COURT;

That was just before the march commenced?
THE WITNESS;

This was during the march?
THE COURT;

This xvas during the march?
THE WITNESS;

Yes, sir. They were near the end of the march, or 
rather near the head of the march and got out of the march 
and deposited that in my office and then rejoined the march. 
THE COURT:

They stopped by there during the march?
THE WITNESS:

Yes, sir.
Q Will you read this into the record?
A In its entirety?
Q Yes, sir?



455

A "From the Executive Committee of Dublin Branch of the 
NAACP to Mayor and City Council regarding bill of demands.

(1) Immediate dismissal of Chief Josey for gross 
neglect of duty, failure to act in time of crisis, 
continuous sanction of policye arrests and intimidation 
and brutality on the part of his department. Blaten bious 
and discrimination.

(2) Immediate dismissal of Officer Dent Jackson and 
replacement with another qualified and acceptable Negro for
the following reasons: Because he does not have the sufficient
educational back ground to adequate interpret and enforce the 
law and enforcing segregation, aiding and abetting the bru­
tality of a Civil Rights Worker.
(405) (3) End of segregation in employment city hall, fire
department, recreation and municipal possessions.

(4) Demand of sewer systems in all Negro communities.
(5) End to city enforced and sanctioned segregation in 

Stubss Park and other recreational facilities that are 
financed with city funds.

(6) End of segregated school system.
(7) End of segregation in employment at the Welfare 

Department.
(8) Immediate meeting with the Mayor and City Council 

for the formation of a Bi-racial Committee sanctioned and 
approved by the Negro community.



456

MR. HAYES:
Your witness.

THE COURT:
Well, I think everybody is finished with him. All

right, you may go down. Call your next witness. Any other 
witness?
MR. HAYES:

Yes,sir. The Marshal has gone to get the next 
witness.
THE COURT:

All right.
(406) J. H. APPLEGATE
SWORN FOR THE DEFENDANTS, TESTIFIED.

ON DIRECT EXAMINATION
(BY MR. HAYES):
Q Will ou state your name?
A James H. Applegate.
Q By whom are you employed?
A Federal Bureau of Investigation.
Q How long have you been so employed?
A Eighteen years, next month.
Q On the first day of August, 1965, were you in Dublin, 
Laurens County, Georgia?
A Yes, I was.
Q Where were you on that date in Dublin?



457

A I was in front of the City Hall most of the day, or most 
of the day. I mean that morning. 
q Can you specify the time?
A I arrived there about 10:30 A. M., and stayed 
there until about 12:30, P. M.
q Will you state to the court what you observed during 
that period of time?
A I observed a group that eventually numbered about 35, 
the best I recall, who were picketing, walking back and forth 
on the side walk directly in front of the City Hall.
Q Were they colored or white?
(407) A There was one white boy and a white girl, the rest 
were colored, or Negroes.
Q Did you recognize the white boy?
A Yes.
Q Who was he?
A Maxim Rice.
Q Do you know where that individual was from?
A Yes, sir. I am not sure, Your Honor, whether this would
result in--or enter into the results of a investigation,
which I conducted.
Q That's all right. I will withdraw the question.
THE COURT:

All right, he withdrew the investigation. 
the WITNESS:

It would be from the investigation I made, the results of



458

an investigation 1 made, and I am not suppose to testify as 
to that.
THE COURT:

Well, I wouldn't want you to testify to that, and I know 
he wouldn't either,and he said he withdrew the question.
MR. HAYES:

His attorney says that it is all right for him to 
answer.
MR. MOORE:

We don't object, Your Honor.
THE COURT:

Well, I understand the government doesn't wnat those 
kind of questions answered, but there is the attorney over 
there for the Government. He told me that he was representing 
the Government.
Q Do you know from any personal conversation you have (408) 
had with Maxium Rice where he is from?
A Yes, sir, he is from Michigan.
Q How long has he been in Dublin, Laurens County, Georgia?
A I don't really know the length of time.
Q Mr. Applegate, did you observe anything other than the
picketing that you have described?
A I observed the officers present and also a number of 
spectators gathered down on Church street below the City Hall.
Q How many officers were present at that time?
A The best I can recall, I saw possibly seven city



459

policemen around the city hall, outside, and I did observe 
some city policemen inside the City Hall. I don't know how 
many were there. Two GBI Agents, deputy sheriffs, and of 
course some FBI Agents were there. 
q  Was Chief Josey present?
A Yes, he was.
Q Did you observe anything further than what you have 
testified to?
A Yes, sir. As I say, I observed the crowd, which most 
of them were gathered across the street on Church street and 
then a group, oh, possibly six, eight or ten of the younger 
spectators started across the street toward the pickets and 
I observe Chief Josey go down and request them to move back 
across (409) the street, which they did. He personally 
went down there, and of course there was also a group of 
Negro boys that started across the street toward the picket­
ing and he also had them moved back across Church street there. 
Q Now, the first group you described»were they white or 
colored?
A They were white boys.
Q Did you, or could you tell by their movement what or 
where they were moving to?
A Well, as I stated, they were moving toward the pickets, 
toward the City Hall,
Q Were they making any comments that you could hear?
A No. I noticed one or two of them had a coca cola bottle



460

in their hands, I didn't see any weapons or anything, but they 
were boys in T-shirts, young looking boys,
Q Were the coca cola bottles empty or full?
A Emp ty,
Q How were they carrying these bottles?
A In their hands,
Q And did you hear - What did Chief Josey then do?
A Well, he returned, In fact, I was standing with him
right in front of the City Hall most of the timd while the
picketing was going on. We were standing right close to them,
I don't particularly recall any other activity of the Chief, 
(410) Q Well, what did he do with reference to this crowd 
of white boys with coca cola bottles?
A Well, as I previously stated, he moved them back across 
the street, the same group,
Q Did you over hear any orders or demand that he made to 
them at that time?
A No, I didn't, because I remained up near the city hall 
and I couldn't hear what the Chief said to the crowed or to any 
of the boys at that time, I could not hear that conversation,
Q Were there any arrests on that date?
A To my knowledge, no, not while I was there,
Q On the 3rd day of August, 1965, were you in the City of 
Dublin, Georgia?
A Yes, I was,
Q Were you in the City Manager's Office during that date?



461

A Yes, sir.
Q State the reasons for being there?
A I don't recall who invited me, whether it was the City 
Manager, or Vernon DeLoach. I don’t recall, but I was in­
vited to be in his office about 2:00 o'clock and I appeared 
there, in the City Manager's office.
Q What took place?
A I over heard a discussion at that time - well, there 
were city officers there, GBI Agents, Sheriff Bussell, Judge 
Ward, (411) yourself, Arthur Lane, City Manager, discussing 
what officers would be available and how they would be 
handled on the march which was to take place the next day 
from the City Hall to the County courthouse. The best I can 
recall Vernon DeLoach that the city could have about twenty 
officers, or twenty-four, Sheriff Bussell said that he and 
his deputies could get about six deputies and Lt. Walden and 
Lt. Spurlin, GBI Agents, planned to be present, and the plan 
was to have those officers spaced as close as they could from 
the city hall to the county court house during the march, which 
was planned for the following day. Of course, the discussion 
of the purpose of the officers being there would be to prevent 
any of the spectators, anyone in the crowd and causing any 
disturbance or hurting anyone.
Q I will ask you whether or not you attending the brief­
ing that was held previous to the march by the city police the 
next day?



462

A No, I didn't. I was not in Dublin the next day.
Q How many occasions have you, approximately how many 
occasions have you been in Dublin since the first day of 
July, 1965?
A Well -----
Q (Interposing) Strike that. Let me ask you this: Have
you observed any of the Civil Rights deonstrations carried on 
in the City of Dublin?
(412) A The only one was August 1st, Sunday morning.
Q Would you say from your experience as an FBI Agent
and what you observed on that date ----
MR. MOORE:

(Interposing) I object.
MR. HAYES:

He don't even know what I am going to ask him.
THE COURT:

I was wondering myself. Lets wait until he ask the 
question, and then you can raise your objection and I will 
rule on it.
Q Do you know from your years of experience as an FBI 
Agent, some eighteen years, from what you observed in 
Dublin on the 1st day of August, 1965, whether or not these 
demonstrators on the date of August 1st, 1965, had adequate 
police protection?
MR. MOORE:

I object to that, Your Honor.



463

THE WITNESS:
I can't answer.

THE COURT:
I think his answer took care of your objection. He 

said he couldn't answer that question.
MR. HAYES:

All right, your witness.
......... -...... -.....-CROSS EXAMINATION.................
BY MR. MOORE:
Q Mr. Applegate, what time did the demonstrations take 
place on August 1st?
(413) A The group arrived there approximately at 11:30, 
11:25 or 11:30 or thereabouts.
Q How long did the demonstrstion continue?

A Until about a quarter after 12:00 the best I recall.
Q Do you recall whether or not the Chief of Police was
at that meeting on August 3rd?
A He was not at the meeting on August 3rd.
MR. MOORE:

That's all.
THE COURT:

All right, you may go down.
(444) JUANITA TUCKER
SWORN FOR THE PLAINTIFFS, TESTIFIED.



464

ON DIRECT EXAMINATION
BY MR. MOORE:

Q State your name?
A Juanita Tucker.
THE COURT:

I am not rushing you at all, but I would like to know 
just for my own convenience as to how many more witnesses 
you have. I just want to know if there is a possibility 
of getting through this afternoon.
MR. MOORE:

Your Honor, I don't know exactly how late we are going. 
THE COURT:

Well, if you will tell me how many witnesses you have 
perhaps we can get an idea, that is, if you are in a 
position to do so.

MR. MOORE:
Your Honor, I have quite a few witnesses but I can't 

say how many I am going to use.

THE COURT:

That's all right. We will do the best we can. You have 

got a clear field for tomorow. I do have some lawyers coming



465

down from Macon this afternoon but I can handle that all 
right. I can handle that tonight. I can handle that Macon 
case tonight and then I will give you all day tomorrow.
MR. MOORE:

I don't want to be presumptious, but may I make a 
su g g estio n ?

THE COURT:
Yes.

(445) MR. MOORE:
Would it inconvenience the court if we went to, say, 

maybe 5:45. We might finish.
THE COURT:

If you can finish by that time, if you think you can 
finish by running until 5:45, why, I will run to that time, 
MR. MOORE:

All right, sir.
Q Have you been sworn?
A Yes.
Q Will you state your name, and speak up so counsel can 
hear you and so the Judge can hear you?
A My name is Juanita Tucker.
Q Where do you live, Miss Tucker?
A 120 Garner street, Dublin, Georgia.
Q And what is your age?
A Eighteen.
Q State whether or not you are a student?



466

A I am a student at Albany State College, at Albany, 
Georgia.
Q And what year are you in school?
A I am Sophomore.
Q State whether or not you have engaged in picketing
in Dublin, Georgia?
A Yes, I have.
THE COURT:

Where did she say her home was, Albany? I mean where 
is she going to school? At Albany?
(446) MR. MOORE:

Yes, sir.
THE COURT:

All right.
Q Where did you engage in picketing?
A At Winn-Dixie.
Q And when was that?
A July 31st, 1965.
Q And where is the Winn-Dixie located?
A On Jefferson street.
Q State the purpose, if you know, of your picketing?
A We were picketing because of discriminatory tatics
against Negroes at Winn-Dixie.
Q Who, if anyone, associated with you in the picketing? 
A You mean the names?
Q If you can recall, yes?



467

A I can't recall all of them because we would relieve each 
other at one time or another.
q At the time you were on the picket line, do you have any 
recollection as to the number of pickets?
A At one particular time there were ten, but the officers 
asked four or us to leave, and then there were six.
Q Did you leave?
A Yes.
Q State whether or not anything unusual occurred during
the course of the day?
(447) A Yes.
Q What occurred that day?
A Two white men - there was a crowd of about 50 or 75 
people, white men, standing at the entrance of Winn-Dixie, and 
two men advanced from this crowd and came toward the picket 
line and one came toward the front and the other one toward the 
back, and the one that came toward the front advanced toward 
the rear and as he did he hit pickets as he ran down the line.
Q State what happened to you, if anything?
A As he came to me he aimed to hit me. He was hitting
at my head, so I dodged, and he hit me on my shoulder and 
knocked me against a utility pole.
Q State whether or not the police were there at that time?
A No. The police left the area, all police left the area
about two minutes before the incident.
Q State whether or not this crowd was there at the time 
that the police were there?



468

A Yes, they were there at the time the police left.
Q State whether or not this crowd was engaging in any
type of activity?
A Well, they were talking, but as to what they were saying 
I couldn’t hear because the parking lot was between the picket 
line and Winn-Dixie.
(448) Q State whether or not you were picketing on the 
side walk or on the parking lot?
A We were picketing on the side walk that they had 
designated for picketing.
Q Were you carrying signs?
A Yes, I was.
Q What did your sign say, if anything?
A My sign said: "This store is fresh out of Negroes11.
THE COURT:

What did you say: "rhis store is fresh out of Negroes."
THE COURT:

Fresh out of Negroes?
THE WITNESS:

Yes.
THE COURT:

What does "fresh out of Negroes mean"?
THE WITNESS:

This slogan, "This store is fresh out of Negores" was 
implying that no Negroes were shopping at this particular store.



469

THE COURT:
I see. 0, K.

q What happened after the attack?
A After I was attacked I went - or after I was attacked 
this man went on down the line advancing to the rear, and he 
hit each picket that he passed, and he went back to the crowd 
and he shook the hand of the Manager of Colonial Stores.
Q What did you do next, if anything?
A Well, the group of us talked for a few seconds and
decided that we would continue to picket until our time was 
up, (449) or until some one came to pick us up.
Q State whether or not some one came to pick you up?
A Yes. We became to picket for 45 seconds or maybe a
minute and a car came and picked us up.
Q And who was driving that car?
A Mr. Roscoe Browder, an instructor at Oconee High School.
Q Where did you go then, if any place?
A We went back to the office.
Q What did you do then, if anything?
A Well, I talked with Mr. Gamble about the incident.
I told him about it.
Q State whether or not you were present in the City of 
Dublin on AUgUSt 11th, 1965?
A Yes, I was.
Q Were you present at or near Todd's Sinclair Service 
Station?



470

A I was not in the picket line, but I passed several times.
Q Did you have occasion to observe the pickets there?
A Yes, I did.
Q Will you describe to the court the manner in which the 
picketing was taking place?
(450) A They all were very peaceful. I noticed maybe 
six, or seven - no more than ten.
Q What did you see there at the area where that picketing 
was taking place, if anything, at that time?
A What did I see in the area?
Q Yes?
A Well, everything was normal. I think I saw a patrol 
car parked at the station. I am not too sure whether it was 
this particular day or not.
Q Speak up, please, so the Judge and everybody can hear you?
A I think I saw a patrol car at the service station, but I
am not sure whether it was Wednesday, the 11th, or another day. 
Q State whether or not you desired to participate in the 
picketing?
A Yes, I desired to, but I was afraid to.
MR. HAYES:

Your Honor, I thought I wouldn't object, but I am going 
to have to object. He is leading this witness. This "whether 
or not" doesn't take the question out of the leading category, 
and by putting "whether or not" in his questions he is leading 
the witness in every question he has asked.



471

THE COURT:
Well, I think both of you have been very good about 

leading today. There has been some objections, but try not 
to lead the witness.
(451) Q I believe you stated that you did not take part in 
the picketing?
A No, sir.
q State what your reason were, if any?
A Why I didn’t picket?
Q Yes?
A I was afraid to picket, really, because of the lack of 
protection. The incident that happened to me at Winn-Dixie 
could have happened again.
Q On the following day, August 11th, 1965, did you have 
occasion to go to the county jail?
A Yes, I did.
Q What was your purpose in going to the county jail?
A We had received messages from the county jail that they
were not getting the proper food.
Q Upon receipt of that message, what did you do, if any­
thing?
A We brought food down there.
Q What?
A We brought food and taken it down there to them.
Q What did you do with the food, if anything?
A When we got to the jail we were told that any glass



articles, or any cans --
MR. HAYES:

(Interposing) Your Honor, I am sorry, I can't hear the 
witness.
(452) THE COURT:

You will have to talk a little louder.
THE WITNESS:

We were told that anything like glass or tin could not 
be taken into the county jail, so we began to empty the 
contents into paper cups, so they might have something to eat. 
Q Did you meet a deputy sheriff while you were at the 
county jail?
A Yes, I did.
Q Do you recall the name of that deputy sheriff?
A It was James Williams, or James Williamson.
Q What enables you to recall the name of that deputy 
sheriff?
A I asked him his name, and he told me.
Q Do you remember anything about him?
A He talked a lot, and when Gloria Outler asked if she 
could write a message so that he could take it to some of the 
girls to let them know which personal items belonged to whom, 
and he told her no, you can't write a message, tell me and I 
will be glad to tell the girl, and when she began to name out 
the personal items he began to laugh and snicker.
0 Is that how you are able to remember his name?

472



473

A Yes.
MR. MOORE;

The witness is with you.
THE COURT:

Let me ask you a question. Who induced you (453) to 
become a picket out there? Who asked you to become a picket 
out there?
THE WITNESS:

At Winn-Dixie?
THE COURT:

Yes?
THE WITNESS:

Well, I volunteered.
THE COURT:

You volunteered?
THE WITNESS:

Yes.
THE COURT:

Did you get any pament for it?
THE WITNESS:

No.
THE COURT:

You haven’t been paid? 
the WITNESS:

No.



474

THE COURT:
All right.

............... -...... CROSS EXAMINATION................
BY MR. HAYES:
Q Who were you picketing for?
A For the Negroes of Dublin, Georgia.
Q Can you be more specific?
A The Negro population of Dublin, Georgia.
Q Were you picketing for the NACCP?
A I was picketing because I am a member of the NACCP.
Q And you were picketing at the request of the MACCP?
A Yes.
(454) Q Are you a also a member of SCOPE?
A No. I have worked with SCOPE some.
Q Were any SCOPE Members picketing at Winn-Dixie at the 
time you were?
A At the time I was attacked, no.
Q Well, were any of them picketing there at anytime?
A Yes.
Q Was Winn-Dixie being picket at that time by the super­
vision of the NACCP and SCOPE?
A Yes, sir.
Q How about Southern Christain Leadership?
A Well, SCOPE Is a part of Southern Christain Leadership.
Q Now, you say you were attacked on the 31st day of July?



475

A Yes.
q What time was it?
A It was approximately a quarter of seven,
Q In the morning?
A No,
Q What time of day?
A In the afternoon,
Q In the afternoon?
A Yes.
Q On Saturday?
(455) A Yes, sir.
Q Was the store open at that time?
A Yes.
Q Had there been any policemen there during the day? 
A Yes, there had been.
Q Do you know what time Winn-Dixie store closed?
A Seven o'clock.
Q At seven o'clock?
A Yes, sir.
Q And this happened at seven o'clock?
A No, it happened a quarter of seven.
Q What did the man do to you?
A Well, he hit me.
Q Where did he hit you?
A On my shoulder and arm.
Q Who was he?



476

A I don11 know.
Q Who did you report this to?
A Mr, Gamble.
Q Did you report this to anyone else other than him?
A No, sir.
Q You did say that you, at a later date, did go to Todd's
Service Station on August 11th?
A I passed there. I didn't go to it.
(456) Q What were you passing there for?
A I passed to observe the picket line.
Q You passed to observe the picket line?
A Yes.
Q But you did not picket?
A No.
Q Because you were scared to picket?
A I was afraid to.
Q But you were not afraid to go there?
A I didn't go there. I passed there in a car.
Q You were not afraid to pass there, but you were
afraid to picket?
A  Yes.
Q Do you know who was picketing Todd's Service Station 
on August 11th, 1965?
A No, I don't. There were different people at different 
times.
Q What organizations were involved?



477

A NAACP.
Q Was there any other organization involved?
A SCOPE, I am sure.
Q Was Reuben Gamble involved in any way?
A In the picket line, you mean?
Q In the picket line?
A No.
(457) 0, Was he involved in any other way with the pickets?
A Well, he is the President of the NAACP. There is a 
connection. He would tell who to go and who not to go.
Q That is Reuben Gamble?
A Yes, sir.
Q Is he in the court room?
A Yes, sir.
0 And he is the President of the NAACP?
A Yes, sir.
Q Of which Chapter?
A Dublin Chapter.
Q Are you familiar with the Dublin Chapter of the NAACP?
A Yes.
Q Is it an affiliate of any other organization?
A What do you mean by that?
A I mean, is it an affiliate of any other NAACP Organiza­
tion?
A We have our Charter from the New Yokr Office.
Q Now, do you know how many days those pickets picketed



478

Todd's Service Station?
A Wednesday, Thursday and - well, I am not too sure 
about Friday.
(458) Q Were you there Thursday?
A I passed by there Thursday.
Q How many pickets did you see Thursday?
A No more than the average six or seven.
Q No more than six or seven.
Q And how many did you see Wednesday?
A About six or seven.
Q At no time you didn't see any more than that?
A No more than ten anyway.
Q Now, I hadn you a picture here, which is Plaintiffs' 
Exhibit No. 11. Can you identify that picture?
A That is Todd's Service Station. This is Glenwood 
Avenue.
Q Well, that is the place you are talking about?
A Yes.
Q Where you observed the pickets?
A Yes.
Q How many pickets do you see there?
A Well, I see more than ten.
Q How many?
A I couldn't say.
Q Well, can you count them?
A How can I count them when there is some one standing



479

in front of them?
(459) Q Well, would you say there were as many as 25?
A Yes.
q Now, do you see this section from here down to there? 
Do you know what that is?
A That is the drive way. 
q The drive way to the filling station?
A Yes.
Q Now, where are those pickets standing in reference to 
that drive way?
A They are standing in the drive way.
Q And it is block, isn't it?
A Yes.
MR. HAYES:

All right.
THE COURT:

All right, you may go down.
MR. MOORE:

I have some questions, Your Honor.
THE COURT:

All right, strictly in rebuttal now, and that applies 
to both sides. It must be strictly in rebuttal. No lawyer 
can ask anything, after you finish,unless it is strictly 
in rebuttal.
MR. MOORE:

All right, sir.



480

Q I show you Plaintiffs' Exhibit "P-10", and ask you 
if you recognize it?
A Yes, I do.
Q Look at it. Do you see a barricade across the drive 
way?
(460) A Yes.
Q Is that the same drive way that you see in Plaintiff;s 
Exhibit "P-11"? Is your answer it is?
A This shows more.
MR. HAYES:

I am sorry, I can't hear the witness.
THE COURT:

All right, talk just a little louder.
THE WITNESS:

Yes, it is.
Q All right. Did you make a report - pardon me - did 
you make an affidavit respecting the attack in front of Winn- 
Dizie to the FBI?
A Yes, I did.
Q Do you know the name of the FBI Agent?
A I can't remember the name of the Agent that took my 
affidavit, but Mr. Applegate was there, and he was a witness 
to my giving an affidavit.
MR, MOORE:

That's all.



481

THE COURT:
You may go down.

(461) CHARLES MYRICK
SWORN FOR THE PLAINTIFFS, TESTIFIED.

ON DIRECT EXAMINATION
BY MR. MOORE ?
Q Will you state your name, please?
A Charles Myrick.
Q Your age?
A Twenty.
Q Where do you live, Mr. Myrick?
A 115 Agone street,
Q Is that in Dublin, Georgia.
A Dublin, Georgia.
Q Did you have occasion to engage in picketing in July 
of 1965?
A Yes, sir.
Q Where was that picketing?
A At Winn-Dixie.
Q Who was with you at the time, if anyone, when you were 
picketing?
A Louis Stanley and Robert Finley are the only two guys 
that I remember.
Q Were there others?
A Yes, sir.
Q Now, what was your purpose in picketing Winn-Dixie?



482

A Our purpose in picketing Winn-Dixie is because they 
wouldn't hire any Negroes to work at Winn-Dixie.
(462) Q Did anything unusual happen on this occasion?
A Yes, sir.
Q Can you state to the court what happened?
A Well, there was a truck that came along and they 
were throwing water and bottles in the picket line where 
we were picketing at, and they would drive the car up to the 
picket line, over the picket line, where we were picketing at 
in order to keep us from marching down the side walk.
Q Was the police present while this was going on?
A They were riding up and down the street.
Q Were the persons who were throwing the bottles and
water arrested?
A No, sir.
Q Were those persons members of the Negro or White race?
A White.

Q What else happened, if anything?
A After we got out release we crossed over from Winn-
Dixie, over by this church, and were standing up there to rest 
awhile, and an officer came up on a motorcycle and told us 
to move on. We began to walk up the street slowly, and then 
a police car came and turned into the Colonial lot and 
circled the block and came back around and stopped and said 
"You are under an arrest for disobeying an officer." We 
got in the car and they took five of us down there and left



483

three, and then (463) they went back and picked up the other 
three and then they came back, and searched us all and then 
they locked us up.
Q What time of day did this happen?
A At 4:45.
Q Where were you taken?
A To the City Hall.
Q How long did you remain at the City Hall?
A Six hours and a half.
Q Were you released?
A Yes, sir, after Mr. Gamble and Bobbie Hill came and 
talked with us.
Q Did you have a trial scheduled in the Recorder's Court 
the following Monday?
A Yes, sir, but we had it continued.
Q Do you know to when your case was continued?
A Until the next Monday.
Q What, if anything happened upon the trial of the 
case the next Monday?
A Well, we all were tried and we all were found guilty.
Q What was your sentence?
A Twenty-two Dollars or fifteen days on the road.
THE COURT:

What? Fifteen dollars or?
THE WITNESS:

It was $22.00 or fifteen days on the road.



484

Q Did you stay in jail?
(464) A Yes, sir, we stayed in jail three days.
Q When were you released?
A We were released that Wednesday afternoon about 
seven o'clock.
Q What did you do, if anything, after you were released?
A I was released and we went down by the Glenwood Soda 
Shop and I went home and took a bath and I came back and again 
started my activities. I went across the street and got in 
the picket line and started picketing.
Q Approximately, how long did you picket?
A I picketed until I was arrested about 9:00 o'clock.
Q Were there any other persons in the picket line with you?
A Yes, sir.
Q How many persons were in the picket line with you, if you 
remember?
A I would say about 25.
Q Were there other persons in the area where you were 
picketing?
A Yes, sir,
Q Can you indicate there, in the area, these persons were 
present?
A There were some across in front of the service station, 
on the opposite side of the service station, and there (465)
(465) where some in the service station yard.
Q The persons opposite the service station, were they



485

Negro or White?
A Negroes.
Q What about the persons inside the service station yard? 
A They were white.
Q Approximately how many white persons were there?
A About 15 or 20.
Q Do you have any knowledge as to what they were doing, 
if anything?
A They were talking, and cursing.
Q Did they say anything to you or to the pickets?
A Yes, sir, they were cursing at us, but we didn't say
anything back, just kept marching.
Q Were the police present at that time?
A One officer arrived, Mr. Buddie Daniel, but he wasn't
on duty. He came up there and stayed abaut 30 minutes.
Q What did he do, if anything?
A He got out the car with a dog at first, and then some 
one said: "We are not afraid of your dog", and then he
took the dog back and put him in the car, and then a few 
minutes later an officer came up there, and then Mr. Daniel 
got in his car and went back and then he came back in a 
uniform.
(466) Q Did anything unusual happen that evening?
A No, sir.



Q

on?

486

Do you recall an officer taking a can from the car later 

A Yes, s ir.
Q Can you describe that event to the court?
A It was a red can. They got this can and came out on
the side walk where we were and poured something down there by 
that sign that says "South Side Service Station."
Q I will show you a picture, Plaintiff's Exhibit "P-8", and 
ask you if you can identify it?
A Yes, sir.
Q Do you see a sign that says "South Side Service Station"? 
A No, sir.
Q You don't see that sign?
A No, sir.
Q What, if anything, happened when this material was
poured near this sign that you have describex?
A When it was poured on the street you couldn't hardly 
breathe. You would have to take your handkerchief and 
cover your nose.
Q What, if anything, happened at that time?
A We kept marching.
(467) Q State whether or not your picketing had any effect 
upon the traffic on Glenwood Avenue?
A No, sir, it didn't.
Q State whether or not you saw pickets going back and
forth across the street?



487

A I was,
Q Gan you describe what happened at the time you were
arrested?
A When we were arrested, Chief Josey came down and said 
"Disperse and go home." We kept marching. He said it again, 
and then he gave the order over a loud speaker to start 
picking us up. An officer walked up to me and caught me by 
the hand and said "Lets go." I got on in and went on to jail. 
Q Were you on the picket line when you were arrested?
A Yes, sir.
Q What happened after you were placed in the car, if any­
thing?
A Nothing happened, they just took us down to the county 
jail.
Q What, if anything happened at the county jail?
A They booked us, and they took some of the guys picture.
They didn't take mine.
(468) Q Did anything else happen?
A No, sir.
Q Were you later on released?
A I was released that Friday.
Q At the time you were picketing on the night of August 
Uth, 1965, state whether or not there were any barricades

A I d i d n ' t .

Q Were you l a t e r  on a r r e s t e d  in  the evening?

erected?



488

A Yes, there were.
MR. MOORE;

The witness is with you.
------------------- GROSS EXAMINATION ......................
BY MR. HAYES;
Q Charles, you are one of these Negroes that lay down in 
the street when you were picketing at Winn-Dixie, aren't you? 
A No, sir. We didn't lay down in the street.
Q Well, did you lay down on the side walk?
A No, sir.
Q Where did you lay down?
A We didn't lay down at no place.
Q You didn't?
A No, sir.
Q Now, why did you say you were picketing?
A Picketing where?
(469) Q At Winn-Dixie?
A We were picketing because they wouldn't hire any 
Negroes to work in Winn-Dixie.
Q How do you know that?
A Because we had went out there and tried to get jobs. I
did myself.
Q You went down and tried to get a job?
A Yes, sir.
Q And they wouldn't hire you?



489

A No, sir.
Q That was the reason you were picketing?
A That's right,
Q Are you a member of the NACCP?
A Ye, s ir.

Q And are you a member of SCOPE?
A Yes, sir, I work with SCOPE.
Q You are a member of both of them?
A Yes, sir.
Q Who is the boss of SCOPE in Dublin, Georgia?
A That, I don't know.
Q You don't know who the leader is?
A No, s ir.
Q Do you know who is the President of the NACCP?
A Yes, sir.
(470) Q Who?
A Mr. Reuben Gamble.
Q Now, what date did you picket at Todd's Service Station
in Dublin?
A Aqgust 11th.
Q Of what year?
A 1965.
Q Did you picket all day?
A No, sir.
Q How long did you picket?



490

A Oh, from - I got out of jail about seven o ’clock, from 
seven o'clock until about 9:00 or 9:30.
Q From 7:00 o'clock in the morning until you were 
arrested that night?
A Yes, sir.
Q You picketed all day?
A I couldn't picket that morning because I was in jail.
Q You pkcketed from the time you got out of jail until the
time you got back in jail, is that right?
A Yes, sir.
Q Do you have ari previous record of arrest?
A No, sir.
Q What are the most pickets that you all had at the Todd 
Service Station at any one time during that day?
(471) A I don't know about that date.
Q Well, you were there from seven o'clock until nine?
A When I got in the picket line there were about 25 in 
the picket line.
Q About 25 pickets?
A Yes, sir.
Q Were they blocking the side walk?
A No, sir.
Q They were not blocking the drive way to the service 
station?
A No, sir.
Q And you stayed in that line all day?



491

A That's right.
Q Now, you are just as sure of that testimony as you are 
everything else you have testified to from this stand?
A Yes, sir.
Q All right, now, I hand you this exhibit here and see if 
you recognize it?
A I do.
Q What is it?
A That is the Sinclari Service Station that we were picket 
ing.
Q All right, now, what is this?
A That's a drive way.
(472) Q And what is that in that drive way?
A Pickets.
Q And you are still testifying that you were not 
blocking the drive way?
A Yes, sir.
Q All right, do you recognize that picture?
A I do.
Q What is this?
A The side walk.
Q Is that a drive way?
A It is supposed to be.
Q It is supposed to be?
A Yes, sir.



492

Q Now, are those Negro pickets there blocking that drive 
way?
MR, MOORE:

Wait a minute, Counsel.
THE COURT;

What is it?
MR. MOORE:

I think that this is offensive to keep regerring to

" N i g g e r s ” .

MR. HAYES:
I didn't say "Niggers."

THE COURT;
I don't think calling a person a "Nigger" is offensive. 

MR. HAYES:
I will call them anything he wants me to.

MR. MOORE:
That is no such a word as that. It is a respectful 

way of saying "Nigger." And I object to it.
(473) THE COURT:

That is not the same thing as saying "nigger".
MR, MOORE:

Respectful way of saying it.
THE COURT;

What do you mean by respect?
MR. MOORE:

The way he said it, is supposed to be a cross between



493

"Negro" and "nigger".
THE COURT:

Well, I just can’t get it. I don’t know what you mean. 
Calling one a "Negro", that's not offensive.
MR. MOORE :

Well, 1 don't consider it offensive.
THE COURT:

Well, he said "Negro."
MR. MOORE:

He said "Negri". (Spelling uncertain)
THE COURT:

Well, that's "Negro", isn't it?
MR. MOORE:

Not in my language, sir.
MR. HAYES:

I want to say this: I pronounced the word like I
think it should be pronounced, not with the idea of harrassing 
or intimidating anyone, I will call them colored folks or 
anything else he wants me to call them, Judge.
THE COURT:

The correct way, as I understand it, is "Negro", and 
you pronounced it "Negrow", I think. Anyway, I will take it 
under advisement, so you go ahead.
MR, HAYES:

All right, sir.



494

Q Now, are these Negroes blocking that drive way?
A 1 wouldn't say they were.
Q You would not?
A No, sir.
(474) THAT IS INTRODUCED IN EVIDENCE?
MR. HAYES:

Yes, sir.
THE COURT:

Let me see it.
Q How do you pronounce your last name?
A Myrick.
Q What is your alias?
A What do you mean?
Q Do you have another name other than that?
A No, sir.
MR. HAYES:

All right.
THE COURT:

All right, you may go down.
MR. MOORE:

Just a minute, Your Honor.
THE COURT:

Now, I am going to ask both counsel not to be getting 
up after you have finished. I have always been pretty strict 
about that in this court. When you finish you can’t get 
back up and ask other questions that are not in rebuttal.



495

MR. MOORE:

I haven't asked the question yet,

THE COURT:

I know you haven't. I am just warning you, because you 

all have been doing it all day. You have been hopping up all 

day and he has been hopping up and doing the same thing.

Get through and then let it alone,

MR. MOORE:

I will apologize if the court thinks I have been doing 
that all day.
THE COURT:

Well, you have been getting up and doing it, and 
opposing counsel has too. I think you both have been getting
(475) up, but get through with your testimony so you won't 
have to be going back over it again, unless it is in rebuttal. 
All right, you may proceed.
—  —  —  —  —  —  —  —  REDIRECT EXAMINATION — ...............
BY MR. MOORE t
Q Mr. Myrick, while you were picketing had any ears attempted 
to come through the picket lines and you wouldn't let them 
through?
A Yes, sir. Chief Josey came up to the picket line.
THE COURT:

There is one thing perhaps I should say. I might have 

this morning, when I said that I wanted all of these affidavits 

Presented to the grand jury, that might have been a little -



496

it looks like it, although I didn't mean it that way, but it 
might look like an intimidation of the witnesses, so I will 
withdraw that statement at this time.
MR. MOORE:

Thank you, Your Honor.
(476) ROGERS DEMMONS
SWORN FOR THE PLAINTIFFS, TESTIFIED AS FOLLOWS:

ON DIRECT EXAMINATION
BY MR. MOORE:
Q Mr. Demmons, will you speak up so counsel here can hear 
you and I can hear you and so the Judge can hear you. Will 
you state your name, please?
A Roger Demmons.
Q Where do you live, Mr. Demmons?
A 1225 King street.
Q Is that in the City of Dublin?
A It is.
Q Did you or have you had an occasion to go to the First 
Baptist Church?
A I have.
Q When did you go to the First Baptist Church?
A I went to the First Baptist Church on three Sundays.
Q Do you recall the first occasion on which you wngt to
the First Baptist Church?
A I do.
Q What was that occasion?



497

A Well, the first occasion I had to go to the First 
Baptist Church was on the second Sunday in July. 
q What time of day was it when you arrived there?
(477) A It was In the afternoon, about a quarter to eight.
Q Were there any other person or persons with you?
A Max Rice, Linda DeNotie and Carroll Johnson and some
more Negro kids.
Q What, if anything, happened when you arrived at the 
church?
A Well, we parked the cars back of the church in the park­
ing lot, and we walked around to the front of the church and 
went upon the porch of the church , and there these two men met 
us and begin talking to Max and Carroll, and I was standing 
back there and could not hear, and so I moved up to the front 
and I heard this man say that they didn’t like for drunks and 
bums coming to their church. Then I heard him state again, 
he said: "Give me your 'phone number and your address and
I will call you this week and let you know." They were 
supposed to have a meeting that Monday, and they would call 
us and let us know.
Q Were the people with you Negro and White?
A They were.
Q What did you do after this conversation, if anything?
A Well, we left and went back and got in the cars and 
went down to St. Paul's Church.



498

Q Were any persons with you drunk or bums?
A No, sir, they were not.
Q Did you have another occasion to go to the First (478) 
Baptist Church?
A I had an occasion to go to the First Baptist Church 
on the Third Sunday in July.
Q Was that this year?
A It was.
Q What time of day did you go?
A Well, myself, Willie Hall, Willie Huff and Willie Dave
Plummer went down there to the First Baptist Church about ten 
minutes to eight.
Q What happened, if anything, when you arrived at the 
church?
A Well, this time, as we crossed the red light down there 
on Bellevue and were coming up the side walk to the church we 
were stopped by GBI Agents of Georgia and several other men. 
He said: 'Where are you going"? We told him that we were
going to worship God. He said: 'Well, you are not going into
the church". So, he began to pull his coat back and I could see 
a gun, and so after that I asked him again, I said: "May we
go in the church and worship God"? He said: "No." Then we
had this conversation again we turned left and went back down 
to St. Paul Church.
Q Did you have another occasion in July to go to the First 
Baptist Church?



499

A I went back to the First Baptist Church the Fourth 
Sunday in July in the morning and in the evening.
(479) Q What, if anything, happened when you went to the 
church that morning?
A Well, that morning myself and fourteen other Negroes 
and one white went back to the First Baptist Church and we 
had got across and Mr. Wilbur S. Jones, the GBI Agent and 
some other members, which I took to be members of the church, 
was waiting for us outside.
Q What, if anything, happened when you encountered Mr.
Jones and the GBI Agents?
A Well, the GBI began to talk with us and said: "What do
you want this time"? We said: "We came here to worship God."
He said: "Well, I told you all last week that you all were
not coming in this church." Then Mr. Wilbur S. Jones called 
them off to the side and began to talk with them but I did not 
hear the conversation.
Q Who was he talking to?
A Miss DeNotie.
Q Following the conversation between Mr. Jones and Miss 
Denotie, what, if anything, happened?
4 Well, Mr. Will S. Jones came back up to the bunch where 
I was and he said: "I want all of you to come to the Human 
Relations Committee that Monday night and we will discuss this, 
and so I told him that we were not going to the meeting 
because we didn't think it would help us any by going, and so



500

I asked him, I said: Have you had a meeting?" He said: "No,
this is what we (480) are going to do Monday night." So, 
this man had told me that they had already had a meeting and 
they decided that they were not going to let any Negroes 
into the church.
Q What time of the morning was this ?
A This was about a quarter to eleven.
Q About a quarter to eleven?
A Yes, sir.
Q After the conversation with Mr. Jones what, if anything, 
happened?
A Well, we sung a song real softly and had prayer and then 
we left .
Q Did you have occasion to return to the church on that
day?
A We went back that Sunday afternoon about a quarter to
eight.
Q What, if anything, happened when you arrived at the 
church that evening?
A Well, that afternoon, after we arrived at the church, 
we asked if we could we go and worship God? And this man, 
which I took to be the preacher because he had his Bible, and 
he said: "I have told you all before that you are not 
coming into this church." I had never seen him before. We 
then had a prayer, and then Chief Josey came up and he sa id:



501

"Now, you all have sung your song and had your prayer, now 
leave." So, one of the men called Max off to the side and 
began to talk with him, (481) and then the man with the 
Bible in his hand said: "All right, Chief, they are in 
your hands," So the Chief grabbed Max by the arm and took 
him across the street and we followed him.
Q When you reached the other side of the street what 
happened, if anything?
A We began to sing freedom songs. After we were over
there about five minutes a man behind a bush in a fireman's
uniform shot some liquid up in the air which looked like water 
and then it began to burn.
Q What happened to anyone else, if anything?
A Well, one girl, Eugina Brown, had some of this sprayed 
into her eyes, and Max asked one of the police officers to 
call an ambulance and he said no he was not going to call an 
ambulance, so he went back and called Mr. Gamble and Mr,
Gamble came over and picked Euginia up and two other fellows 
then took her out to the hospital.
Q When you say "Mhx", you mean Max Rice?
A I do.
Q What, if anything happened after that?
A Well, after that Max went back down there and asked 
one of the other officers if he would call an ambulance for 
the rest of the kids and he said no, and then he went back 
to Dent Jackson and asked him if he would call an ambulance



502

and Jackson said no, and so we went back to singing and Chief 
Josey came up. I don't know whether he came from across the 
street (482) or down the street, and he said: "All right,
lets move", and so we stepped off the side walk down into 
the parking lot, and so at this time a man, who I learned 
later was Lt. Harden, I learned his name later, pulled Max 
away from us, and as I turned around I saw this man hitting 
Max with a blackjack. He got it from a police officer.
Q Go ahead.
A He hit Max about twice before he fell to the ground,
and then he hit him about a couple more times before he 
had a chance to get his hand over his head to protect his 
head and he hit him about once more, and then some one said 
"That's enough."
Q What happened then, if anything?
A These two boys came over and pulled this man up off 
Max and then Chief Josey was facing us and he turned and 
went back and was leaning over Max and as I started over to 
help Max Dent Jackson, a colored police officer, pushed me 
away.
Q What happened then, if anything?
A Well, the Gloria Outler and Linda and them were trying 
to find some one to make a telephone call, trying to find 
a telephone booth, and so by this time John Gray, Joyce Lott 
and George Lattimore came back in a car and they taken a



503

picture of this but the camera was taken away by a police 
officer, so they let George Lattimore and Joyce Lott go but 
they kept John.
Q Are they Negroes?
(483) A They are Negroes.
Q What happened next, if anything?
A Well, at this time Joyce came up to where we were, 
and so Gloria gave George a dime to go call the ambulance 
and about this time an ambulance came from around the corner 
and picked up and took him away. About this time George 
said to call an ambulance but it was too late Max had already 
gone.
Q After Max was taken away, what happened next, if anything?
A Well, we were all going up the streets and Imogene Thomas,
a Negro resident of Dublin, came by and picked up all of the 
girls and took them out to the hospital, and George Lattimore 
and myself walked on out to the hospital.
Q What happened at the hospital, if anything?
A When we got to the hospital, we got there about five 
minutes before Mr. Gamble came back, and we went inside the 
hospital, me and Mr. Gamble and some more fellows, went in 
the hospital, and nurse began to say that she was going to 
call the police because she wasn’t going to stand for all 

this, and so we all came back out and began to look for 
the rest of them and we couldn’t find them and in about 30 
minutes they came back, and Imogene was in there crying and

i



504

the police came by and picked her up and took her away down 
to the city hall.
Q Did you then go to your church?
(484) A Well, not exactly then, we dldn;t go to our 
church, because there was not enough cars for all of us to go 
back so Mr. Roscoe Browder and some others came over and then 
we left and went to the church.
Q Have you had occasion to picket in the City of Dublin?
A I have.
Q Were you engaged in picketing on August 11th, 1965?
A I wa s.
Q Approximately what time did you start picketing?
A Well, I started picketing in the morning.
Q What time of day was that?
A It was about 9:30 or 10:00 o'clock.
Q And were there other persons picketing with you?
A There were »
Q Who were the other persons?
A I don't know the persons, but there was about seven
or eight of us.
Q And where were you picketing?
A Picketing at Todd's Service Station.
Q Now, are you able to describe the manner in which you 
picketed?
A We were just walking up and down the side walk in 
an orderly manner and we would turn and go back down and when



505

(485) we would get down to the corner we would turn and come 
back.
q Did you have occasion to see Chief Josey come out to the 
station on that occasion?
A I saw him about 12:00 or 12:30.
Q What, if anything, did Chief Josey do, when he came out 
to the place?
A Well, first, when he came out there he went and talked 
to Mrs. Todd, the station owner, and then he stayed there and 
they got some blockades and brought out there and set up.
MR. HAYES:

Your Honor, I object to his guessing.
THE COURT:

Did he say guessing? I didn’t understand what he said. 
MR. HAYES:

He said that he guessed Chief Josey did this and did
that.
THE COURT:

Well, I won’t take that into consideration.
MR. MOORE:

I didn't understand him to say he guessed.
THE COURT:

Well, go ahead.
Q State whether or not any blckades were brought out there? 
MR. HAYES:

I object to that question on the ground that it is a



leading question.
THE COURT:

Wall, I will let him go ahead and answer it. We will 
never get anywhere if we don't keep going. Go ahead, you can 
ask the question.
(486) Q Did you hear the question?
A I did.
Q What was your answer?
A There was.
Q What was done, if anything, with these barricades?
A These barricades were set up. They had one on the 
drive way here, and one here. They had blockades across here 
and had some on down side of the gas tanks.
Q I will show you Plaintiffs' Exhibit "P-4" and ask you 
if you are able to mark on here by the use of "X" and a "Y" 
the place where Chief Josey placed the blockades?
A Right here.
Q Let me ask you this question? Does Plaintiff's Exhibit 
"P-4" show the Sinclair Service Station?
A It does.
Q Will you indicate the place where Chief Josey located
the barricades?
A The barricades were located between the two drive ways.
Q Would you draw an "X: where you say the barricades were?
That is one of the barricades?
A Yes, sir.

506



507

Q All right?
A There were some more barricades. He had ond down
side of the gas tank at the service station.
(487) Q Will you put an MX" there?
A All right.
Q May the record show that the witness has put "X'es"
on Plaintiffs' Exhibit "P-4" wherein he recalls the barri­
cades having been placed? Did you picket within the area 
where the barricades were placed?
A I did.
Q Describe the manner in which the picketing was conducted? 
A Well, after they had put the barricades out there, we 
would go up to where the barricades were and stop and turn 
and go back down to where the other barricades was down at 
the corner and turn and come back.
Q And wha t time of day was this?
A Well, this was about 1:00 or 1:30.
Q Did you continue picketing after that?
A No, I didn't.
Q What did you do, if anything?
A Well, after then some one came over and relieved me and 
so I went back up to the NAACP office and SCOPE Headquarters.
Q Did you later return to picketing?
A No, I didn't. So Ernest asked me would I go down there 
and watch in his place and so I went down there and watched his



508

place to about 7:30 or 8:00 o'clock and then I left and went 
back to the NAACP Office.
(488) Q When you were down watching the picketing on 
Gleenwood between 7:30 and 8:00 o’clock, what did you 
observe, if anything?
A Well, I noticed this car would come and and try to hit
some of the pickets. He would come out and he would go up
to the next drive way and turn around and come back and come
through again.
Q You said come out - come out from where?
A Well, the barricades, there was an opening in there and 
she would come through the barricades and the pickets would 
be going across and she would try to hit them, and we would 
tell the pickets to stop.
Q Do you know the person who was operating that car?
A No, I do not, but it was a female.
Q Did you have occasion to observe anything else?
A I observed some more cars coming through.
Q Coming through where?
A The same place the other car was coming through.
Q Is that at the Service Station?
A Yes, at the Service Station.
Q What effect, if any, did the picketing have upon the 
traffic on Glenwood Avenue?
A It didn't have any effect on the traffic.



509

(489) Q Did you have occasion to see negro people going 
from one side of the street to the other during the picketing?
A Well, about 4:00 or 4:30 some Negro pickets came and 
relieved some that had been picketing and this was the only 
time.
Q I see. On the night of August 11th, 1965, were you 
arrested?
A I was,
Q What were you doing, if anything, at the time you were
arrested?
A I was in the NAACP office.
Q Do you know where that is located?
A It is located on Glenwood Avenue.
Q What happened, if anything, at the time you were arrested?
A Well, at first, I heard arguments going on down by the
service station and I was in the office and I came out to see 
what was going on, and I heard Chief Josey say to disperse 
and go home, and so I was going on down the street to see what
was going on and I met Ulysses Evans and he told me to come
on back and so I went on back to the NAACP office, and about 
9:30 Chief Josey came down and told us to disperse and go home. 
At first none of the kids moved and then he said "all of those
who wants to go home, can go". So, some of the girls started
to leave (490) and he said: "All right, you are under an
arrest." So, he began to take us down there and one police 
office came into the office and snatched the telephone receiver



510

from Bernice and Chief Josey himself snatched Linda from behind 
the desk in which she was sitting down taking a fresh report.
Q Was that Linda Denita?
A Yes, sir.
Q At the time Chief Josey came down to the NAACP office 
were you standing inside or outside of the office?
A I was standing inside,
Q After you were arrested, what happened, if anything?
A Well, we were taken down to the county jail and booked.
Q After you were booked, what happened, if anything?
A Well, at first, they put us in separate cells.
Q I didn't understand you, sir?
A They put us in separate cells, and then they took us
out of the cell - there was about sixteen of us - they took 
us out of that cell and brought us up to the first cell in 
which they told Mr. Gamble and them to come out, and the 
regular prisoners that they had there, they brought them and 
put them in the regular cell where the bunks were, and then 
they put all of us into one room, and there was only one bhnk 
and one long table,
(491) Q What happened next, if anything?
A Well, we all had to sleep on the floor. There was about 
39 of us that had to sleep on the floor.
Q I would like to redirect your attention to the time that 
you were in the office, are you able to recall the number of 
people that were in the office at the time you were arrested?



511

A There was about 15 or 20 people in there,
Q State whether or not all the people that were in the
office at that time were arrested?
A They was.
q  Do you know where the telephone is in the office?
A I do.
Q Where is the telephone?
A The telephone is on the wall as you come in the door on 
the left-hand side.
MR. MOORE :

The witness is with you.
THE COURT:

Let me ask you a question before he starts. You all came 
from the St. Paul's Church down to the First Baptist Church, is 
that right?
THE WITNESS:

No, s ir.
THE COURT:

Were you all in St. Paul's Church when you all came
out?
THE WITNESS :

No, sir. We were in the building where (492) the SCOPE 
Office is located at.
THE COURT:

Well, is that the St. Paul's Church?



512

The SCOPE office was located in the back.
THE COURT:

In the back of the St. Paul Church?
THE WITNESS:

St. Paul,
THE COURT:

Then you all came out and went to the Baptist Church? 
THE WITNESS:

Well, on this particular night the St. Paul Church was 
not having any services.
THE COURT:

They were not having any services that night?
THE WITNESS:

No, sir.
THE COURT:

But usually they have services as the St. Paul Church? 
THE WITNESS:

They have services on the Second Sunday in the morning 
and they have one of the Fourth Sunday in the morning.
THE COURT:

Well, I was just trying to get that straight in my mind. 
But they do have services at that church. Are you a member 
of that church?
THE WITNESS;

No, sir, I am a member of the Glenwood Baptist church.

THE WITNESS:



513

Well, now, they have the same Bible, do they not, at 
St. Paul's Church and the other Baptist Church as they do 
in the First Baptist Church?
(493) THE WITNESS ;

They do.
THE COURT;

All right, and you pray to the same God there, don't you? 
THE WITNESS ;

They do.
THE COURT:

And God can hear you in one church just as well as in 
another?
THE WITNESS:

That's right.
THE COURT:

If you just wanted to go to church for the purpose of 
worshiping God, why couldn't God hear you just as well in the 
St. Paul Church as in the First Baptist Church?
THE WITNESS :

Well, in my opinion, I think you should be able to go 
and worship in any church, if they are God's churches.
THE COURT:

I am not asking you that. I say, why do you want to go 
to the First Baptist Church, when you say they preach the 
same Bible at the St. Paul's colored church as they do in the

THE COURT;



514

First Baptist Church, white, why can't God hear you the same in 
St. Paul's Church as well as he can hear you in the First 
Baptist Church?
THE WITNESS:

He can.
THE COURT:

Then why do you want to go to the First Baptist Church? 
THE WITNESS:

Well, as I said before, if these are God's churches 
you should be able to worship there.
THE COURT:

I know, but God can hear you in St. Paul's (494) Church 
as well as in the First Baptist Church. Now, why did you 
want to go to the First Baptist Church?
THE WITNESS:

Because it is a church of God.
THE COURT:

You don't seem to understand.
THE WITNESS:

I understand what you are saying. You are saying 
why ----- 
THE COURT:

(Interposing) God can hear you as well in one church 
as in another, and if you go there to worship God, why don't 
you stay in the St. Paul Church rather than go to the Baptist
Church?



515

THE WITNESS :
Well, on this Sunday St. Paul's Church was not having 

services.
THE COURT:

Well, you went back to the First Baptist Church the 
following Sunday when they were having services in your 
church?
THE WITNESS :

Well, they were having services at St. Paul.
THE COURT:

That is what I say. And why didn't you go to St. Paul's 
Church instead of going to the First Baptist Church?
THE WITNESS :

Well, if both are God's churches, why couldn't we go 
to the First Baptist Church?
THE COURT:

Well, God can hear you as well in your church, St.
Paul's Church, or the Baptist Church, as well as he can hear 
you in the First Baptist Church, and then why did (495) you 
want to go to the First Baptist Church? 
the WITNESS :

Because, as I said, I feel that they all are God's 
churches.
THE COURT:

Well, then, why did you want to go there?



516

I will put it this way: When God put man here on 
the earth he didn't say what color he was.
THE COURT:

I am not going into that. I am asking you a simple 
question. You say you have got the same Bible and that God can 
hear you just as well in St. Paul's Church as he can hear you 
in the First Baptist Church, and if you are going to worship 
God, why can't you stay in St. Paul's Church?
THE WITNESS:

Well, suppose I say this: In St. Paul's Church and the
rest of the Negro churches the preachers preach God's word 
different than they do in the white First Baptist Church.
THE COURT:

You-say the preaches are different and preach different? 
THE WITNESS:

I suppose they preach different. I have never heard a 
white preacher preach before.
THE COURT:

You just don't know then?
THE WITNESS:

No, sir.
THE COURT:

But you know that God can hear you in one church just as 
well as in another church?

THE WITNESS:



517

Yes, sir, I know that.
(496) THE COURT:

You go to church for God to hear you, don't you?
THE WITNESS:

Yes, sir.
THE COURT:

All right, that is all I wanted.
—  —  —  —  —  —  —  —  CROSS EXAMINATION.................
BY MR. HAYES:
Q Do you know how many Negro churches there are in Dublin, 
Georgia?
A No, sir.
Q Have you made any effort to go to any of them?
A I have been to them.
Q How often do you go to church?
A I go to church most every Sunday when they have church.
Q How often, before the first day of July, 1965, did you 
goto church?
A Every Sunday they had church and Sunday school.
Q How often was that?
A They have Sunday School every Sunday and church services 
every two Sundays.
Q How old are you, Roger?
A Seventeen.
(497) Q Seventeen?

THE W I T N E S S :



518

Q Do you go to school?
A I do.
Q You know what it means to take an oath?
A Ido.
Q What does it mean?
A It means to tell the truth
Q Now, all of this testimony that you have testified to
from this witness stand a few minutes ago about Max did this 
and Max did that. Did you see all of that?
A I saw him go to the police officer, and the telephone.
Q Where were you when he was gone to the telephone?
A The booth was standing out here and I was standing 
out in front of the booth, about long here, and I could see 
Max go to the telephone.
Q How far were you from the telephone booth?
A How far was I from the telephone booth?
Q Yes?
A I would say approximately a 100 feet.
Q Did you over hear what his telephone conversation was 
about?
A No, sir,
Q Well,how do you know who he called?
(498) A Well, Mr. Gamble came out there.
Q Well, answer my question. How do you know who he c a l l e d ?  

A As I say, Mr/ Gamble came out.

A Yes.



519

Q Do you know who he called?
A No, sir.
MR. HAYES:

I make a motion to strike that evidence, that part of 
the evidence, about what he testified to.
MR. MOORE:

There is no basis for allowing his motion, Your Honor. 
THE COURT:

Well, I will remember the evidence, or when I get the 
evidence from Mr. Watson I will read it over and find out just 
exactly what has been testified to. If I come to something 
that should be ruled out, why, I will rule it out. Go ahead.
Q Now, when he went to the police station -- you say he 
went to the police station?
A He went to a police officer.
Q Were you with him at that time?
A Yes, I was.
Q How far were you from him?
A I was at his side.
Q You were at his side. All during this incident, did 
you travel around with him.
(499) A Only when we were asking the police would they 
call an ambulance, I was.
Q What did you want them to get an ambulance for?
A Because this liquid that I have described, which felt
like water, began to burn. It got in some of the girls’ eyes



520

and was burning theme 
Q Were you with them at that time?
A I was when the liquid was sprayed.
Q Where was the liquid sprayed from?
A It was sprayed from behind a bush.
Q From behind a bush at the City Hall?
A Yes, sir.
Q What did the police officer tell you all?
A What did he tell us?
Q Didn't you say that Max Rice asked him to get an ambulance?
A Yes, sir, and he said he would not call one.
Q He said he would not call one. Do you know what that
police officer's name was?
A No, sir, I don;t.

Q You do not know him?
A No, sir, not his name.
Q How many times have you been arrested in the City of
Dublin?
(500) A Once. The only time I got arrested was when I was 
picketing.
Q That was the only time?
A Yes, sir.
Q Have you ever been arrested by the company?
A I have not.
Q Now, I believe you testified that you saw a white man, 
who you later identified as Mr. Horton, with a blackjack, saw a



521

policeman give him a blackjack?
A When he passed by the policeman handed him a blackjack.
Q When do you mean by a blackjack.
A A blackjack is something about this long, with a 
leather, and I believe it has something like a piece of iron 
on the inside and it is covered.
Q And you say it was in the policeman's hand?
A Yes, sir.
Q And he taken it from the policeman?
A Yes, sir.
Q What policeman was that?
A Well, the policeman was kinda turned to the side, like
that, and Chief Josey was standing between me, just like I
was over here and Chief Josey was here, but I could see Preston 
Harden reach and get the blackjack.
(501) Q You say Police Josey was blocking your view?
A He was blocking part of my view, but as I went to 
the side, like that, I could see it.
Q But you couldn't see the policeman to identify him?
A No, s ir.
Q But you £ould see him well enough to see this fellow get 
a blackjack from him?
A Yes, sir.
Q How far was he from you?
A The policeman?
Q Yes?



522

A Well, he was about 20 or 25 feet.
Q What time of day or night was that?
A It was in the afternoon about a quarter after eight
o "clock.
Q Was it dark?
A Yes, sir, it was dark.
Q It was after dark?
A Yes.
Q Then what did you see?
A What did I see?
Q Yes, with refence to what Mr. Horton did?
A Well, he hit Max about twice before he fell to (502)
the ground, and he was trying to get his hand over his head 
to protect his head.
Q How far were you from that?
A I was about ten feet.
Q About ten feet?
A Yes, sir.
Q Do you know what Max Rice did to Horton?
A I do not.
Q You don't know what caused him to hit him then?
A No, sir.
THE COURT:

Well, we have been over that down there in front of 
the church continuously, and I think we have got all the facts 
about that. Suppose you proceed on something else.



523

MR. HAYES:
I am through Judge.

THE COURT:
All right, you may go down.

(503) REUBEN GAMBLE
SWORN FOR THE DEFENDANTS, TESTIFIED.

ON DIRECT EXAMINATION
BY MR. HAYES ;
Q Will you state your name for the record, please?
A I am Reuben L. Gamble.
Q Where do you live, Hr. Gamble?
A 616 Marcus Street in Dublin, Georgia.
Q Where are you employed?
A I am employed with the Veterans Administration Hospital 
in Dublin, Georgia.
Q What is your age?
A I am 36.
Q Are you connected with any civil rights organizations in
Dublin?
A Yes, I am President of the National Association for the 
Advancement of Colored People.
Q Is that the Dublin branch?
A The Dublin and Laurens County Branch.
Q Are you associated with an organization by the name of
SCOPE?



524

A We have worked with SCOPE since they have been there 
this summer. I am not connected with SCOPE.
Q Do you hold any office in SCOPE?
A No.
(504) Q Do you know that the function and purpose of SCOPE 
is?
A Yes. Scope is a Summer Community Organization for
Political Education.
Q Do you know what the function of the NAACP is?
A Yes.
Q What is that function?
A The function of the Naacp is to ask or to advance the 
Negro Race to equal rights
Q On or about July 25th, 1965, did you have occasion to 
receive a telephone call from Maxiume Rice?
A Yes, I did.
Q What was that call?
A Max Rice called me and he told me -- 
MR. HAYES:

(Interposing) Just a minute. I object to this testimony 
on the ground that it is hearsay evidence.
MR. MOORE;

Very well.
THE COURT:

What do you say as to that?
MR. MOORE:

I won't insist on it, Your Honor.



525

Q What did you do as a result of that call?
A As a result of that call I went immediately to the City 
Hall and upon arriving at the City Hall I saw a group of about 
300 spectators, mostly white, and I saw a small group of 
people, whom I was able to identify as Mx Rice and some other 
members of the group, were standing there, and there were some
(505) girls, one that was crying, and covering her eyes.
Q What did you do, if anything?
A I got out and went over and took the girl and a couple 
of other fellows that had been burned, and the girl that was 
crying very hard I took her and placed her into my car and 
took her to the Laurens Memoria 1 Hospital, where she was 
treated for severe eye burns and irritat ion.
Q Did you remain at the Laurens Memorial Hospita 1 ?
A I stayed there until such time as the doctors began
treating her. I had been at the church in a meeting, and so 
I went back to the church to inform the people as to what had 
happened.
Q And which church was this?
A This was at the Washington Street Presbyterian Church.
Q Did you have another occasion that same evening to go 
to the Laurens County Memorial Hospita 1?
A Yes, after I went back and informed the people as to 
what had happened, I went back to the hospita1 to see how the 
girl was doing. Upon getting back to the hospital I met a 
group of kids who had been down at the City Hall. They in­
formed me at that time ---



526

MR. HAYES:
(Interposing) I object to anything anybody else told

him.
(506) THE COURT:

What do you say to that?
MR. MOORE:

I don't insist on it, Your Honor.
THE COURT:

All right.
Q What did you do, as a result of the conversation, if 
anything?
A I went into the emergency room and there I saw Max
Rice, who was lying on the emergency table, bleeding very 
profusely about the head, and the doctor came in about that 
time, and the aids were in the process of cleaning dry blood 
off Max's head, dry blood and sand, off his head, and the 
doctor was getting ready to start treating Max.
MR. MOORE;

Your Honor, I was examining the witness, and I would 
like to know Waere it is necessary for me to stand.
THE COURT:

Do how is that now?
MR. MOORE:

I just wondering, I saw Mr. Hayes standing up here.



527

THE COURT:
Well, I guess he has got a right to stand.

MR. HAYES:
He has been trying to tell me how to try my case all 

the week.
THE COURT:

i know. But what do you mean, by the position where he 
standing?
MR. MOORE:

Yes, sir.
THE COURT:

Well, I think he has a right to stand where he wants to
stand.
(507) MR. MOORE:

Well, I would like for the record to show that while I 
am examining this witness on direct examination that Mr. Hayes 
is standing approximately twelve feet from the witness.
THE COURT:

Well, I think the witness can see you and -- 
MR. MOORE:

(Interposing) Between me and the witness.
THE COURT:

Not between you all. I don't say he is between you all. 
MR. HAYES:

And to get the record straight, I would like for it to 
show that I am not a prosecuting attorney. I don't know why



he keeps referring to - —
THE COURT:

(Interposing) Well, I am going to overrule the motion. 
He was not between you and the witness, and I can see the 
witness and hear him and if you want to move over you can 
move over.

Q How long did you remain at the hospital?
A I remained at the hospital, oh, I guess approximately 45 
minutes to an hour.

Q Did you have an occasion to return to the hospital the 
following day?

A Well, in fact, I returned to the hospital later that 
night. I came back to the hospital, I guess, about 11:30, and 
I inquired as to the condition of Mr. Rice. I was told by 
the nurse --- 
MR. HAYES :

(Interposing) I object to that.
THE COURT:

All right, I think you will agree with me. (508) that 
is hearsay evidence.
MR, MOORE:

We don't insist on that.
THE COURT:

All right.
Q Did you then leave the hospital?

528



529

A Yes, I left the hospital.
Q The following day, which was Monday, did you have 
an occasion to return to the hospital?
A Yes, I did. I visited Max Rice in the hospital about 
Noon the next day.
Q Did you leave him at the hospital?
A Yes, I left him at the hospital.
Q Did you have occasion to return to the hospital later 
in the day.
A Yes, I came back to the hospital between 6:30 and 
7:00 o'clock that evening and Max was released around 7:00 
and I took him home at that time.
Q Did you have occasion to be near the intersection of 
Hudson street and Glenwood Avenue on August 11th, 1965?
A Yes.
Q And what the purpose of you being there?
A Well, I was observing the pickets fros time to time 
during that day. There were a group of members of the NAACP 
who was picketing the Todd Service Station.
Q What was the first occasion that you had to go out and 
observe the pickets?
(509) A I went out shortly after 10:00 o'clock in the 
morning.
Q Can you describe to the court what you observed at that 
time?
A At that time I observed about six pickets on the Glenwood



530

side of the street,, marching up to the edge of the drive way 
and turning around and marching back down to the edge of the 
other drive way on the side walk, very orderly and very 
peacefully.
Q Did you have occasion later in the day to return to
the scene and observe the picketing?
A Yes, I did. I returned back to the scene about 1:30.
I observed about eight pickets picketing in this same general 
area that I described before, however, at that time a 
barricade had been placed and the pickets were picketing 
within the limits of the barricades very orderly and very 
peacefully.
Q And how long did you remain at the scene at that time 
observing the pickets.
A I was there for about ten minutes.
Q What did you do following this, if anything?
A I then went to the office of the NAACP.
Q And where is that office located with respect to the 
picketing?
A This is located about a half a block from the Todd 
Service Station where they were picketing.
Q How long did you remain at the office?
(510) A I remained in the office for about two hours.
Q Did you have occasion to return to the area where the 
picketing was going on during the date of August 11th, 1965?
A Yes. 1 remained at the office for about two hours and



531

then I left and I came back between 7:30 and 8:00 o'clock.
Q What did you observe at that time, if anything?
A Well, between 7:30 and 8:00 I drove passed and I did 
stop for a few minutes, and I observed something like 
twenty pickets picketing and there was a group of spectators 
on the Glenwood, Negroes, and a group of spectators on the 
Warbash side, also Negro, and I observed a group of people 
milling around, white people, milling around in the service 
station property.
Q Are you able to approximate the size of the group of 
white persons who were milling around in the service station?
A At that time there was quite a large group and I 
estiraate it to be in the neighborhood of fifty people.
Q Did you hear anything that was said by the people who 
were milling around in there?
A No, I really couldn't distinguish anything that was being
said, but I do know there were comments from time to time, but
I was unable to distinguish anything that was said.
Q State whether or not at this time the pickets were march­
ing in the area that was barricaded?
A They were marching in the area of the barricades.
(511) Q What effect, if any, did the picketing have upon
the traffic on Glenwood Avenue at this time?
A I noticed that the traffic was still moving. The people 
would pass and, of course, look over at the pickets, but the 
traffic was continuing to move.



532

Q State whether or not Glenwood Avenue is a heavily 
travelled thoroughfare?
A Glenwood Avenue is not a heavily travelled street,
Q State whether or not there are parking meters on Glenwood 
Avenue ?
A None that I have seen,
Q Do you have any personal knowledge as to what the 
parking duration is?
A On Glenwood?
Q Yes?
A Usually there is no parking on Glenwood, if so, very
little.
Q Was that true on this evening?
A That was about the general case. There were a few cars 
parked, but not very many,
Q State whether or not you observed any Negroes crossing 
back and forth from one side to the other?
A Occasionally I would see a Negro or two cross, but not
many.
Q Now, was this about 7:30?
A Yes, in that time range of 7:30 or 8:00 o'clock.
(512) Q State whether or not you observed any policemen pre­
sent at that time?
A At that time I did not observe any policemen present.
Q What did you do after observing the scene of the picketing
at this time?



533

A I then went to the office of the NAACP.
Q What did you do at that office, if anything?
A I was doing some work in the office there, and some one 
later on brought to my attention that some type of gas had 
been thrown, a gas of some kind, a gas with an amonia type 
smell.
MR. HAYES:

I object to that testimony as being hearsay.
THE COURT:

What he saw would be admissible, but what somebody told 
him would be hearsay.
MR. HAYES:

He said that some one had 'phoned him, I thought.
THE COURT:

Well, anything that somebody informed him would, of 
course, be hearsay.
MR. MOORE:

I don't insist on it, Your Honor.
Q After your conversation there in the NAACP office, what 
did you do, if anything?
A I walked out and I looked around and I noticed that the
pickets were still picketing, and I came back into the office.
Q Did you have occasion to smell the atmosphere?
(513) A No, I could not smell - I mean I smelt the atmosphere, 
but I was unable to determine at that time the gas smell.
Q HOw long did you remain in the office at this time?



534

A Wells I remained in the office until I heard some type 
of commotion going on up there, and I walked outside and I noticed 
that Chief Josey was walking around with what appeared to be 
a loud speaker in his hand, and as I got a little closer I 
heard him say "I order you to disperse or you will be arrested”.
I heard him give the orders to the officers to arrest, and the 
officers immediately went into the line of pickets and they 
began swinging clubs and pulling people around and jerking them 
around and people were beginning to move out into the streets 
and the officers were beginning to rush across the street into 
the group of spectators and running the people on down between 
the houses and back -- well, I was close to the Soda Shop there 
and people ran down behind the soda shop, and seeing all of 
this I started to cross over the street there to talk with 
Chief Josey with reference to it and to ask him to call the 
policemen off and maybe we could quiten this thing off without 
this type of brutality being used.
Q What happened, if anything, across the street?
A Well, across the street Chief Josey gave an officers, 
as I continued across the street Chief Josey gave an order to 
one of his officers to arrest me. This officer took me by the 
arm (514) and forced me over to the car and I was placed in 
a patrolman's car.
Q Now, after you were placed in the parfolman's car, what 
happened, if anything?
A Well, I sit in the patrolman’s car for a few minutes and



535

three other fellows were brought and placed into the car, and 
after a few minutes we were taken down to the county jail.
Q What happened, if anything, when you arrived at the county 
jail?
A When we arrived at the county jail, there were two officers 
in the car. One officer, whose name I later discovered to be,
I believe, was Officer J. Daniels. This was the name that was 
on his badge. He got out of the car and opened the rear door 
and made a statement "I want one of you niggers to try to 
run and see how far you will get.1’
Q What happened then, if anything?
A Of course, no one attempted to run, and we started mov­
ing to the door of the county court house there, leading to 
the jail, and officer J. Daniel was behind me and he was 
constantly punching me in the back with his club, and I made 
the statement: "Officer, I am going very peacefully, so I
can't see why you continue to punch me in the back with a club", 
and he made a statement to the effect "I won't only punch you 
in the back with a club but I will beat (I would like to offer 
an apology to the court (515) here) but he made a statement:
"I won’t only punch you in the back but I will beat the goddam 
hell out of you.'1

What happened then, if anything?
A Well, about that time we were entering the jail, and we 
were booked by Detective DeLoach and we were placed into the 
cell. We were first placed into a cell with the regular



536

prisonerss where we had the outter space and also the space 
in the area wfare the bunks were. After being in there for 
a while we were later ordered out along with the regular 
prisoners and then the rest of the prisoners were ordered to 
go back into this area and into the area where the bunks were. 
There is a door there and this door was locked. Well, that 
left us out into kinda alcove like, where there was a long 
table and a bench on each side of the table. I think there 
was a bed over in the corner. Now, we were there and later, 
just a little later, 1 think there were maybe about twenty of 
us in there at that time and then they brought about fifteen 
or so more and placed them in the same cell with us, the same 
area. Now, we had no beds, and we were all either sitting 
around or on the floow or on the table and some of us were 
sleeping on the floor.
Q Now, what happened next, if anything?
A Well, I remained .in jail until about 2:00 o’clock and 
I was released under a $200.00 bond.
Q Was that bond with security?
A Yes, that was a security bond.
(516) Q Do you understand the meaning of that?
A Well, 1 will explain it this way: Some one came down
and signed a $200.00 bond for me.
Q Now, prior to the commencement of the picketing at Todd's 
Service Station on August 11th, 1965, had there been any meetings 
conducted by the NAACP in respect to picketing?



537

A Yes.
Q When were those meetings held?
A Well, we had a meeting on our regular meeting night, which 
at that time was on Monday, which, I think, would have been on 
the 9th, and we decided at that time that we were going to 
picket the Todd Service Station.
Q What was the purpose in picketing the Todd Service Station? 
A Well, the Todd Service Station had refused to serve some 
Negroes, especially Negroes who were active in the civil rights 
movement, or Negroes who were wearing SCOPE BUTTONS OR NAACP 
buttons.
Q Now, were there any instructions given in respect to 
how the picketing was to be conducted?
A Yes.
Q What were those instructions?
A We always give our people instructions as to how to 
picket. They were told to picket very orderly and very peace- 
fully. They are told not to comment on any situation, even 
when comments are made or directed to them. They are not to 
return (517) any comments at all. They are to remain at all 
times non-violent, even if they are struck at anytime they are 
never to strike back.
Q Were these instructions carried out in the picketing as 
you observed?
A As I observed it, yes.
Q It was carried out as instructed?
A Yes.



538

THE COURT:
Anything else?

MR* MOORE:
The witness is with you.

THE COURT:
Let me ask you a question: Did you all get a permit to

picket Todd Service Station?
THE WITNESS:

At this time, no, sir.
THE COURT:

You did not have a permit when you commenced?
THE WITNESS:

No, sir.
THE COURT:

I meant a City permit?
THE WITNESS:

No, sir. -
—  —  —  CROSS EXAMINATION -------------
BY MR. HAYES:
Q Can you identify that?
A Yesm I can. This says a mass ralley before the march 
in the fill across from Walker Service Station. Hear what is 
going on in Dublin. Speakers: Mr. Joe Tucker, State Field
Director, NAACP, Atlanta, Georgia. Mr. Bobbie Hill, Regional 
(518) Youth Field Director, NAACP, Athens, Georgia. Mr. Mark 
Roseman, Regional Youth Field Director, NAACP, New York, New



539

York, and Present of N.E.R.B. Mr. Ernest Evans, Task Force 
Worker, NAACP, Athen, Georgia, Mr. Reuben Gamble, Active 
President and Youth Adviser, NAACP, Dublin, Georgia. Mr.
Maxium Rice, Scope volunteer, SCLC, Detroit, Michigan. Join 
us today. August 4th, 2:00 P.M., City has agreed to provide 
protection for the march. NAACP, SCLC.
Q Who put that out?
A The NAACP.
Q And that was put out when?
A This was put out sometime prior to the march of August 4th.
MR. HAYES:

No further questions.
THE COURT:

All right, you may go down. Anything else?
MR. MOORE:

Yes, sir. I want to make this section of the Code a 
part of the Plaintiffs' case. Do you have any objections to my 
reading it?
MR. HAYES:

No.
MR. MOORE:

"Section 26-21. Permit required for parades, demonstra­
tions, and public addresses on streets.

In order to provide orderly ingress -- 
THE COURT REPORTER:

(Interposing) A little lounder, please.



540

In order to provide for the orderly ingress and egress 
of citizens through and upon the streets of the city, all 
parades, demonstrations, and addresses on the streets are 
(519) hereby prohibited, except by written consent of the
City Manager, (Ord or 9“17»62)
THE COURT %

All right, anything else? Anything else from either side? 
MR. MOORE:

The plaintiffs' rest.
THE COURT:

All right, anything else?
MR, HAYES:

Your Honor, I would like to introduce into evidence
Section 26 ■
THE COURT:

(Interposing) You may read it, please.
MR. HAYES:

Although this is in the pleadings, but it is a City 
Ordinance that I think I should introduce in evidence.
THE COURT:

All right, go ahead.
MR. HAYES:

This is the section that we offer in evidence, without 
objection from opposing counsel, Section 26=22 of the Code of 
Ordinances of the City of Dublin, Georgia, which reads as follows

MR, MOORE %



541

"Assemblies obstructing streets, public places, prohibited. 
It shall be unlawful for any person to assemble in a crowd so 
as in any manner obstruct the street passage of the streets, 
side walks, public ways and public grounds in the city. Each 
person forming a part of such assemblage, after noticed by and 
duly constituted law officer having jursidiction, shall be 
guilty of a misdemeanor. 1937 Code, 163 Ordinance of 9-17-62.

And further: "Section 1-8 of the Code of Ordinances of
the City of Dublin, General Penalty, Continuing violations.
(520) Any person guilty of the violation of the provisions 
of this Code, Ordinance of the City of Dublin, or doing any 
act within the city prohibited by this Code, or an Ordinance 
of the City, or failing to perform any duty required by same, 
unless otherwise provided, shall be guilty of a misdemeanor, 
and shall be punished at the discretion of the court by a fine 
not exceeding $200.00 or by imprisonment for a term not exceed­
ing thirty (3) days or in lieu of fine or imprisonment shall 
be sentenced to labor upon the streets and side walks and other 
public works of the city for a term not exceeding ninety days.
The sentence maybe in the alternative in which case if the 
fine and costs are not paid the defendant will serve the 
sentence of imprisonment or labor. Each day any violation of 
this Code or any Ordinance shall constitute a separate offense." 
THE COURT:

All right.



542

Your Honor, I have one more section I would like to submit. 
THE COURT;

All right.
MR o MOORE :

Chapter 22 of the Code of Ordinances of the City of Dublin, 
George,, Section 22“2. Special policemen. In case of emergency 
special policemen maybe appointed by the City Manager (1937 Code, 
Section 19).
THE COURT :

All right, now, that finishes the evidence, as I under­
stand on both sides?
MR. HAYES:

Yeg, sir.
* * * * *

(523) Now, you all will have to make arrangements with the Court 
Reporter as to you can get the record and everything. And in 
the meantime this case is to remain in status quo. I am hold- 
ieg you lawyers responsible for it, no demonstrations of any 
kind are to be had in Dublin or anywhere else in that vicinity 
of Dublin and Laurens County. 1 am going to put in Laurens 
County. Didn't you ask for an injunction?
MR. HAYES:

Yes, sir, he did.
THE COURT:

MR. M O O R E :

What did you ask for?



543

That the Chief of Police be enjoined from intimidating 
or threatening them and 
THE COURT:

(Interposing) Well, there won't be any picketing until 
I file my final judgment.
MR. MOORE:

Your Honor --- 
THE COURT:

(Interposing) Certainly I am going to do that. I 
am not going to have any picketing in the meantime.
MR. MOORE:

Your Honor, that is paramount to issuing an injunction.
THE COURT:

I am going to let it stand. This is the order that I 
am passing, that there is no picketing and I am going to hold 
you lawyers on that, on your side and on the other side, both 
sides, responsible for any picketing, there will be no picketing. 
MR. HAYES:

Judge; I don't want to be held responsible for no picket­
ing because I haven't got anything to do with the (524) picket­
ing.
THE COURT:

Well, I am putting it equally on both sides. Well, what 
are you asking them to be enjoined from?

MR. MOORE:



544
MR. HAYES ;

We are asking for that.
THE COURT;

And what else? You asked for something in your plead­
ings, I thought.
MR. HAYES l

That is what we are asking for.
THE COURT;

I know that is primarily what you are asking for.
MR. MOORE;

Your Honor, let me be heard further on that.
THE COURT;

No, let me get through first. Let me see if I have got 
everything that I wanted to tell you. As I said today, in that 
statement, I thought perhaps it was unwarranted, taking all 
the facts of the case in, that I would report this to the 
grand jury. I am not going to do that. I am going to hold
that in abeyance. I am going to do anything about that. If
somebody else does it, I woun’t have a thing to do with that.
I don't think anybody else would, and I am not going to do it.
1 am going to hold all of that in abeyance as of today. I
understand there is no picketing up there today. That is
correct, is it not? Just let it all stand in status quo.
MR. HAYES;

These cases in the Recorder’s Court?
THE COURT;

Everything. 1 am going to let everything stand in
abeyance until you all can get the record and I can render my 
judgment. It won't take me long after I get the record.



545

(525) MR. MOORE:
Your Honor.

THE COURT:
All right.

MR. MOORE:
There is a matter of cases pending in the Recorder's 

Court, do I understand that the Respondent, Mr. Wilkes, and Mr. 
Hayes are not to proceed?
THE COURT:

That's correct. They cannot proceed with the prosecution 
of those cases until my final order is passed in this case.
MR. MOORE:

And one other thing, Your Honor, your order says no 
picketing.
THE COURT:

I don't want any picketing and I do not want any trial 
of any cases.
MR. MOORE:

Couldn't we have picketing at least to the extent the 
City Manager will permit?
THE COURT:

No, I am not going to do that. There is not to be any 
picketing whatever, and no trial of any case. I think that 
is fair on both sides.
MR. MOORE:

But normal picketing ---



546

(Interposing) That's all right. I am passing that 
order. I am trying to get this thing adjusted and the only 
way I can get it adjusted, as I see it, is to stop both sides, 
stop him from trying the cases. Now, that is just as fair as 
can be. No picketing and no trial of cases. Now, that's it. 
Now, that is the order of the court and I will prepare a 
formal (526) order on this and file it with the clerk of the 
court and everybody will be on notice. ' Now, I do want to 
say that I think the case was handled in an orderly way. I 
think it was handled well on both sides.
MR. MOORE:

Your Honor, I would like to file certain amendments 
and responses to the counter-claim and ---- 
THE COURT:

(Interposing) Well, you can do that. Any brief you 
want to file, you are at liberty to do so. Now, there was one 
other thing that I had in my mind. What in the world was it?
I do not want any violation of this oral order which I am 
going to reduce to writing and file with the clerk of the 
superior court of Laurens County, and I think that is fair, to 
stop him from trying the cases and to stop you all from picket­
ing.
MR. MOORE:

Now, does your order relate to all the cases?

THE COURT:



547

THE COURT:
Yes, everything is held in abeyance. That covers every­

thing. But today I did think it was rather unfair when I 
said that I was going to have this reported to the grand jury. 
I thought that might have been construed as being a little 
intimidating, or could be construed that way, so just dis­
regard what I said. I dont think it was exactly fair, Now, 
with that we stand adjourned.
THE MARSHAL:

Take a recess until further notice.

CERTIFICATE OF COURT REPORTER.
I, the undersigned, Alton L. Watson, Official Court 

Reporter for the United States District Court for:the Southern 
District of Georgia, do hereby certify that the foregoing 
FIVE HUNDRED AND TWENTY SIX (526) Pages of typewritten matter 
is a true and correct transcript of the evidence and proceed­
ings had in the trial of the heretofore stated to the best 
of my skill and ability.

I further certify that I am not of counsel to any of 
the said parties, nor related by blood or marriage to any of 
the said parties, nor to their counsel, nor interested 
directly or indirectly in the outcome of said case.

Witness my hand and official signature,
This 17th day of September, 1965.

s/ Alton L. Watson
Alton L. Watson, U. S. Court Reporter.

« » . OOO . a ©



548

CLERK8S CERTIFICATE
1, Eugene F. Edwards, Clerk of the United States District 

Court in and for the Southern District of Georgia do hereby 
certify that the foregoing combined record on Appeal is com­
prised of the original pleadings filed in the Cases on appeal 
and as are necessary for review by the Appellate Court in 
the Cases of: City of Dublin, Georgia, Appellee, VS., Gloria 
Cutler, et al, Appellants, Dublin Division Criminal No. 1734; 
City of Dublin, Georgia, Appellee, VS. Reuben Gamble, et al, 
Appellants, Dublin Criminal No. 1735 ; Reuben Gamble, et al., 
Appellants, Vs., William Josey, etal, Appellee, Dublin Civil 
Case No. 661.

IN WITNESS WHEREOF I have hereunto set my hand and affixed
the Seal of the Court at Savannah, within the Southern District
of Georgia, this the 21st day of February, 1966.

EUGENE F. EDWARDS, CLERK 
United States District Court 
Southern District of Georgia

By: s/ Edward M. Ilderton 
Edward M. Ilderton 
Deputy Clerk

(Seal)

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