Henry v. Coahoma County Board of Education Printed Record

    UNITED STATES

COURT OF APPEALS
FIFTH CIRCUIT.

No. 21,438

NOELLE M. HENRY,
Appellant,

versus

COAHOMA COUNTY BOARD OF EDUCATION, ET AL.,
Appellees.

Appeal from the United States District Court for the 
Northern District of Mississippi.

PRINTED RECORD.



INDEX.
Page

Complaint ...........................................................................  1
Motion for P relim inary  Injunction ............................ 8

Notice of Motion .....................................................  10
Answer to Motion for P relim inary  Injunction . . . .  11
A n s w e r .................................................................................  12
In terrogatories .................................................................  17
Objection to In terrogatories .................................   20

Notice of Objections .............................................  22
Order w ith Respect to P arties , C. M. Allen and

Jam es F. Humber, J r .......................................... 22
Answer of Defendants C. M. Allen and Jam es F.

Humber, J r ............................................................... 23
Order w ith Respect to P arties , V an Davis and

S. H. Kyle .............................................................  27
M em orandum  Opinion and O rder .............................. 28
Plaintiff’s Exhibit 4, A nsw er to In terrogatories . . .  30
L e tte r da ted  M ar. 16, 1964, to William H. M aynard

from Derrick A. Bell, J r ....................................... 35
P lain tiff’s Suggested Corrections to be m ade in

Transcrip t of Testimony .................................... 36
L etter da ted  M ar. 18, 1964, to Mrs. M elita Lentjes

from  M aynard, F itzgerald  & M a y n a rd ........  40
Suggested Corrections to be m ade in T ranscript

of Testimony .........................................................  41

TRANSCRIPT OF PROCEEDINGS:
Evidence for the Plaintiff:

Testimony of Noelle Henry .......................... 52
C harles H. B a l l ...................... 81
G eraldine W hite ............ 96
Lillian Rogers J o h n s o n ----  107
C harles H. Ball (Recalled) 122
Paul M. H unter (Adverse

W itn e s s ) ........................ 125
S. B. Wise .............................. 151



II

Page
Transcript of Proceedings, etc.— (Continued):

Evidence for the  Defendant:
Testimony of P au l M. H unter .................... 157

D efendant’s Exhibit 1—Photostat of C ontract of
Employment ...........................................................  175

Photostat of Affidavit to M em bership of Or­
ganization ...............................................................  176

D efendant’s Exhibit 2—M inutes of M ay 8, 1962 . . . .  177
D efendant’s Exhibit 3—M inutes of May 14, 1963 . . 186
Motion to Amend Pleadings to Conform to the

Evidence .................................................................  193
Opinion ...............................................................................  198
O rder overruling Motion to Amend Pleadings and

Dismissing Complaint, a t P la in tiff’s Cost .. 208
Notice of Appeal ...............   209
Personal Bond on Appeal secured by cash deposit 210 
Plain tiff’s Designation of Contents of Record on

Appeal .....................................................................  210
D efendant’s Designation of Contents of Record .. 212
Motion to Extend Time for Filing Record and

Docketing Appeal .................................................  213
O rder Extending Time for Filing Record and

Docketing Appeal ...............................................  214
Motion to fu rther Extend Time for Filing Record

and Docketing A ppeal ...................................... 215
O rder to fu rth e r Extend Time for Filing Record

and Docketing Appeal .......................................  216
Clerk’s C ertificate .......................................   217

INDEX— (Continued):



COMPLAINT.

Filed Oct. 27, 1962.

IN THE UNITED STATES DISTRICT COURT, FOR 
HE NORTHERN DISTRICT OF M ISSISSIPPI, 

DELTA DIVISION.

Civil A ction No. D-C-43-62.

N O ELLE M. HENRY,
P lain tiff,

versus

COAHOMA COUNTY BOARD OF EDUCATION, a  
public body corporate; PAUL HUNTER, Super­
in tenden t, S. B. W ISE, P resid en t, VAN DAVIS, 
THE NORTHERN DISTRICT OF M ISSISSIPPI, 
Vice President, E. G. LARSON, GRAHAM BRAM- 
LETT and S. H. KYLES, Members,

D efendants.

1.

The ju risd ic tion  of th is  Court is invoked pursuan t 
to the provisions of T itle 28, U nited S ta tes Code, Sec­
tion 1343 (3), th is being a  su it in  equity  authorized by 
law, Title 42, U nited S ta tes Code, Section 1983, to be 
commenced by any citizen of the U nited States or 
o ther person  w ith in  the ju risd ic tion  thereof to red ress  
the deprivation, under color of s ta tu te , ordinance, 
regulation, custom  or usage of a S tate , of rights, 
p riv ileges and im m unities secured  by the Constitution 
and law s of the  U nited S tates. The righ ts, privileges 
and im m unities sought to be secured  by th is action,



2

are righ ts, p riv ileges and im m unities secured  by the 
due process and equal pro tection  clauses of the F o u r­
teen th  A m endm ent to the C onstitution of the U nited 
S tates, as h e re in a fte r m ore fully appears.

2.

This is a proceeding for a p re lim inary  and perm a­
nen t in junction enjoining the Coahom a C ounty Board 
of Education, its m em bers and its S uperin tendent, 
from refusing  to  re in s ta te  the  p lain tiff Noelle H enry 
to h e r position as a te ach e r in the  Coahoma County 
School System  because she and h e r husband, D r. 
A aron H enry, engaged in certa in  activ ities p ro tec ted  
by the U nited S ta tes  C onstitution, and to enjoin the  
defendan t B oard  from  requ iring  p lain tiff to file y early  
affidav its lis ting  all organizations to w hich she be­
longs an d /o r reg u la rly  contributes.

3.

The plaintiff in th is case is Noelle H enry, a  Negro 
citizen of the United States and the State of Missis­
sippi, resid ing  in  the  City of C larksdale, Coahoma 
County, M ississippi. She is a school te ach e r w ith 
six teen  (16) y ears  of teach ing  experience in  the  public 
schools of M ississippi. She holds a B achelor of Science 
degree in e lem en ta ry  education from  Jackson  S tate  
College, Jackson , M ississippi, and has done g rad u a te  
study at A tlan ta  U niversity , A tlanta, Georgia. She 
h as  taugh t at the McCloud Jun io r High School in the  
defendant B oard’s school system  for eleven (11) years. 
Since 1956, M rs. H enry, in addition to h e r reg u la r 
teaching  duties, sponsored the  Tri-Hi-Y Club a t the 
McCloud School, and was active w ith the Boy Scouts, 
the R ed Cross and the P aren t-T eachers  A ssociation.



3

4.

The defendan t in th is case  is the Coahoma County 
Board of E ducation , a  public body co rpo ra te  organized 
and existing under the  laws of the S ta te  of M ississippi, 
Paul H unter, Superin tendent, S. B. Wise, P residen t, 
V an D avis, Vice P resid en t, E. G. Larson, G raham  
B ram le tt and S. H. Kyles, M em bers. The defendan t 
B oard m ain tains and generally  superv ises the public 
schools of Coahom a County, M ississippi, including 
the h iring  of teaching personnel. A cting p u rsu an t to 
the d irection  and au thority  contained in the S ta te ’s 
constitu tional provisions and s ta tu tes  the board mem­
b ers  a re  officers and agen ts of the State of M issis­
sippi enforcing and exercising s ta te  law s and policies.

5.

D efendant B oard, acting under color of the au thority  
vested  in  it by the law s of the State of M ississippi has 
failed  and refused  to offer p la in tiff a  con trac t to te ach  
in the  Coahoma County schools for the  1962-63 school 
y ear by reason of the civil righ ts activ ities and associ­
ations designed to end rac ial d iscrim ination  engaged 
in by h e r and h e r husband:

(a) P la in tiff is now and has for a long period 
been  an active dues-paying m em ber of the N ational 
A ssociation for the A dvancem ent of Colored People 
(NAACP), a na tional civil rights organization  dedi­
cated  to  ending all state-supported  rac ial segregation, 
including that in public schools. She has been active 
in the  local p rog ram  of the  NAACP, and has pro­
vided aid and assistance  to her husband, D r. A aron 
E . H enry, who is P res id en t of the S ta te  Conference'



4

of NAACP B ranches in the  S ta te  of M ississippi. P la in ­
tiff’s husband  in  1955 signed a petition  sponsored by1 
the local C hapter of the NAACP, and add ressed  to 
the  defendan t B oard  w hich called  for the desegrega­
tion of the public schools in  Coahoma (County, and 
has frequen tly  advocated  desegregation  of the public 
schools in  Coahoma County, which the  defendan t 
B oard  then  and now operates on a  rac ia lly  seg rega ted  
basis.

(b) E ach  year since 1956, plain tiff, in compliance 
w ith o rders from  the defendan t B oard, has filed an  
a ffidav it w ith said  B oard  listing  all organizations of 
w hich she is a m em ber. This a ffidav it is req u ired  by 
the defendant Board in compliance w ith § 6282-41, 
Miss. Code Annot. and prohibits the  em ploym ent by 
the defendan t B oard of te ach e rs  who fail to lis t the 
names and addresses of all associations and organi­
zations to  w hich they  belong or give dues or regu lar 
contributions.

(c) On M arch  21, 1962, the principal of the  McCloud 
Ju n io r H igh School, C harles H. Ball, J r . ,  inform ed 
p lain tiff th a t  he w as recom m ending to the defendan t 
B oard th a t she be continued in  h e r position for the  
ensuing y ear.

(d) On June  4, 1962, the Supervisor of Negro Schools 
M rs. G erald ine W hite, in form ed plaintiff th a t the 
Board had  d isapproved the recom m endation of Mr. 
Ball and h e rse lf th a t p la in tiff be re ta in ed  for the 
coming school y ear. No reaso n  w as given for th is 
re fu sa l although plaintiff a lleges on inform ation and 
belief th a t the defendan t B oard acted  because of h e r 
and h e r husb an d ’s continued activ ity  to achieve de­
segregation  of schools and other public facilities.



5

(e) On June 28, 1962, p la in tiff m e t w ith defendant 
School Superin tenden t P au l H unter who reported  
th a t he did not know why the B oard  had  refused  to 
renew  p la in tiff’s contract, and s ta ted  th a t the B oard 
did not have  to give p lain tiff a reason . P lain tiff 
then  requested  a conference w ith the defendan t B oard 
and w as told to req u est such conference in  a  le tte r.

(f) On Ju ly  12, 1962, p la in tiff w as inform ed by 
S uperin tendent H unter th a t the Board had  received  
her le tte r  requesting  a conference and had  denied 
such request because its decision w as final.

(g) On A ugust 31, 1962, p lain tiff w rote S uperin­
ten d en t of Schools H unter, again  asked  him why her 
con tract had  not been  renew ed, and requested  anew  
a conference w ith the defendant Board.

(h) ; On Septem ber 12, 1962, p la in tiff received a 
le tte r  from  the B oard  refusing  h e r req u est for a 
hearing.

6.

To plain tiff’s knowledge and belief the defendant 
B oard  h a s  no p rescrib ed  procedure  to review  its  
refusal to renew  teacher con tracts and th e re  a re  no 
provisions in M ississippi for teach e r tenure . However, 
teach e r d ism issals a re  in frequen t and persons who 
a re  dism issed norm ally a re  inform ed of the reason  
for such dism issal. M ore frequently , a  te ach e r whose 
perform ance is below s tan d a rd  in one school is m oved 
to another school.



6

D efendant B oard to rep lace p la in tiff for the  cu r­
ren t 1962-63 school y ear, h ired  one new teach e r who 
has educational and experience qualifications fa r  
in ferio r to h e r own.

7.

8.

P la in tiff’s teaching record  in the  defendant B oard ’s 
schools has been excellent, and the  B oard ’s decision 
not to renew  her contract w as based  solely on her 
continuing activ ity  and th a t of h e r husband  in behalf 
of desegregation  of the  defendan t B oard’s schools 
and o ther public facilities; dism issal for such reasons 
w as in accordance  w ith the law s, policy, custom, 
practice, and usage of defendan t B oard  and  in vio­
lation  of p la in tiff’s righ ts  under the F o u rteen th  
Amendm ent to the U nited S ta tes  Constitution.

9.

As a resu lt of defendant B oard’s action, p la in tiff 
h as  been  unable to obtain employm ent as a  school 
te ac h e r and has suffered  and will continue to suffer 
irrep arab le  loss, in ju ry  and h a rm . She has no plain,, 
adequate  or complete rem edy to red re ss  these  w rongs 
other th an  th is suit for injunctive relief. Any other 
re lie f would be a ttended by such uncerta in ties and 
delays as to deny su b stan tia l relief, and would cause 
p lain tiff fu rth e r irrep a rab le  in ju ry  and occasion dam ­
age, vexation  and inconvenience.



7

W herefore, plaintiff respectfully  prays tha t:

1. The Court advance th is cause on the docket and 
order a speedy h earin g  thereof and, upon such  h e a r ­
ing, to:

2. E n te r  a p re lim in ary  and p erm anen t injunction 
requ iring  the defendan t B oard, its agents, employees, 
successors, and those acting in  concert w ith them  to 
offer p la in tiff a teach ing  con tract in the Coahoma 
County public schools and to continue such contrac­
tual basis w ithout reg ard  to plain tiff’s constitu tion­
ally p ro tected  activities in behalf of, Civil rights gen­
era lly  and the  desegregation  of the public schools 
in particu lar.

3. Enjoin the enforcem ent by the defendan t B oard 
of §6282-41 to 6282-45, Miss. Code Annot. requiring 
plain tiff to file an  affidav it containing the nam es 
and ad d resses  of all organizations to which she be­
longs or contributes regularly.

4. Allow plain tiff h e r costs h ere in  and such fu rth er, 
o ther additional re lief as m ay appear to th is  Court 
to be equ itab le and ju st.

R. JESS BROWN,
(R. Je s s  B row n),

1105% W ashington Street,
V icksburg, M ississippi.

JACK G R EEN B ER G ,
CONSTANCE BAKER 

MOTLEY,
D ERRICK  A. BELL, JR ., 

A ttorneys for P laintiff.
10 Colum bus C ircle,

N ew  Y ork 19, New York.



8

MOTION FO R PR ELIM IN A RY  INJUNCTION.

Filed Oct. 27, 1962.

(Title O m itted.)

P la in tiff m oves the C ourt for a p re lim inary  in junc­
tion enjoining the defendant Coahom a County Board 
of Education, its agents, employees, successors, and 
those acting in concert w ith  them  from  refusing, to 
offer p la in tiff a  teaching  co n trac t in the Coahoma 
County public schools and to continue such con tract­
ual basis w ithout re g a rd  to  p la in tiff’s constitutionally 
p ro tec ted  activ ities in behalf of civil righ ts; and 
fu rth e r to enjoin the enforcem ent by the defendant 
Board of §6282-41 to 6282-45, Miss. Code Annot. re ­
quiring p la in tiff to file an a ffidav it containing the 
nam es and addresses of all organizations to  w hich 
she belongs or contributes regu larly , on the grounds 
that:

1. U nless enjoined by th is Court, the  defendan t 
B oard  will continue to refuse to offer p la in tiff a  
teach ing  con tract for the cu rren t 1962-63 school y e a r 
and for all fu tu re  school y ears  because of activ ity  
by plaintiff and p la in tiff’s husband in behalf of civil 
righ ts  for N egro citizens, all of w hich activ ity  is 
p ro tec ted  by the U nited S ta tes  Constitution from  
in te rfe ren ce  by the  defendan t B oard.

2. U nless enjoined by th is Court, the defendan t 
Board will as a p rerequ isite  to offering p lain tiff a  
teach ing  con tract req u ire  th a t she complete an  affi­
davit as established by state  law (§6282-41 to 6282-45, 
M iss. Code A nnot.) listing  the nam es of all o rgan i­



9

zations to w hich she belongs or con tribu ted  money 
reg u la rly , which requ irem ent, under decisions of 
the U nited S ta tes  Suprem e Court, is a violation of 
p la in tiff’s constitu tional rights.

3. No adm in istra tive  p rocedure provided by the 
defendan t B oard or otherw ise is availab le  to p la in ­
tiff, and h e r sev e ra l req u ests  for a hearin g  or o ther 
m eeting  w ith the  defendant Board have been  uni­
form ly denied by  said  B oard.

4. U nless the defendan t B oard  is enjoined by th is 
C ourt, p la in tiff w ill suffer irrep a rab le  in jury , loss, 
and dam age, irrep a rab le  even by final judgm ent 
for p la in tiff who will have been  deprived  of h e r 
position as a te ach e r in  the Coahoma County schools 
for a full year.

5. The issuance of a p re lim inary  in junction  h e re ­
in  will not cause undue inconvenience or loss to the 
defendant B oard, bu t will p reven t irrep a rab le  in ju ry  
to the  plaintiff.

W herefore: Upon the  verified  com plaint herein ,
p lain tiff moves the Court for a p re lim in ary  in junc­
tion, as p rayed  for in said  com plaint and on the 
grounds th e re in  set forth.

R. JE S S  BROWN,
(R. Je ss  B row n),

1105 1/2 W ashington S treet,
Vicksburg, M ississippi.

JACK GREENBERG, 
CONSTANCE BAKER 

MOTLEY)



10

D ER R IC K  A. BELL, JR ., 
A ttorneys for P lain tiff.

10 Columbus Circle,
New York 19, New York.

Notice of Motion.

P lease  take  notice th a t on the 12th day of November, 
1962, or as soon th e re a f te r  as counsel can  be heard , 
p la in tiff here in  will p re sen t to the Court the fo re­
going m otion for p re lim inary  injunction, pu rsu an t 
to the  provisions of Rule 65, F e d e ra l R ules of Civil 
P rocedure .

R. JESS BROWN,
(R. Je ss  Brow n).

V erification.

S ta te  of M ississippi,
County of Coahoma, ss.

Noelle M. H enry, being duly sworn, deposes and 
says th a t she resides a t 636 P ag e  Avenue, C larksdale , 
M ississippi, th a t she is the p lain tiff herein ; th a t she 
has read  the foregoing com plaint and knows the  con­
ten ts  thereof and th a t the sam e a re  tru e  to the b est 
of h e r knowledge and belief except as to the m a tte rs  
th e re in  s ta ted  to be alleged on in form ation  and be­
lief, and as to those m a tte rs  she believes them  to be 
true .

MRS. NOELLE M. HENRY.

Sworn to before me th is 27 day of October, 1962.
R. L. DREW ,

(Seal) N otary  Public.

My Commission Expires June  4, 1963.



11

ANSWER TO MOTION FOR PRELIM INARY
INJUNCTION.

F iled  Dec. 12, 1962.

(Title O m itted .)

Come now the defendants, Coahom a County Board 
of Education, P au l H unter, S. B. W ise, V an Davis, 
E. G. Larson, G raham  B ram lett and S. H. Kyle 
(erroneously  designated  as S. H. K yles), and for 
answ er to motion for prelim inary  injunction, say:

I.

D efendants deny tha t unless enjoined by th is  Court 
th a t defendant B o ard  will refuse to offer p la in tiff a 
te a c h e r’s con trac t for the cu rren t 1962-1963 school 
year, and for all fu tu re  y ears , because of the ac ­
tiv ities by p lain tiff and plaintiff’s husband in behalf 
of civil righ ts  for negro citizens, but s ta te  th a t defend­
ant B oard for adequate  legal reasons does not con­
tem plate offering p lain tiff such a contract.

II.

In view of the a llegations of P a ra g ra p h  I of this 
answ er, defendants do not consider it necessary  to 
answ er P a rag rap h  2 of m otion for p relim inary  
injunction.

III.

D efendants s ta te  th a t defendan t B oard, acting w ith­
in its legal rights, has not given plaintiff any hearing ,



12

nor did it, nor does it, consider the  sam e legally 
necessary .

IV.

D efendants deny the allegations of P a ra g ra p h  4 of 
the  m otion for p re lim inary  injunction.

V.

D efendants deny the a llegations of P a rag rap h  5 
of the  m otion for p re lim inary  injunction.

And now having answ ered , defendan ts aver th a t 
p lain tiff is  not en titled  to the p re lim inary  injunction 
prayed for.

WM. H. MAYNARD,
(Wm. H. M aynard),

GEO. F. MAYNARD, JR.,
(Geo. F. Maynard, J r.) , 

A ttorneys for Defendants.
S tevens Building,

C larksdale, M ississippi.

ANSWER.

F iled  Dec. 12, 1962.

(Title O m itted.)

Come now the  defendants, Coahoma County B oard 
of Education, P a u l H unter, S. B. W ise, V an Davis, 
E. G. Larson, G raham  B ram le tt and S. H, Kyle



13

(erroneously  designated  as S. H. Kyles) to answ er 
the com plaint filed ag a in st them  by plaintiff, Noelle
M. H enry, and in answ ering  say  the  following:

I.

D efendants deny the tru th  of the allegations con­
ta ined  in P a rag rap h  1 of the complaint.

II.

D efendants deny the tru th  of the allegations con­
ta ined  in P a ra g ra p h  2 of the complaint.

III.

D efendants ad m it tha t P a la in tiff has tau g h t in the, 
McCloud Jun io r High School in the defendant B oard ’s 
school system  for eleven y ears , but a re  w ithout knowl­
edge or inform ation  sufficient to form  a belief as to 
the o ther allegations contained in P a ra g ra p h  3 of 
the complaint, and, therefo re , deny said  allegations,

IV.

D efendants deny th a t Coahoma County B oard of 
E ducation  is a public body co rpora te  organized and 
existing under the laws of the S tate of M ississippi, 
but adm it th a t P au l H unter is S uperin tendent of 
the Board of E ducation  of Coahoma County, M is­
sissippi, and th a t S. B. W ise, E . G. Larson, G raham  
B ram lett and S. H. Kyle a re  m em bers of the  Board 
of Education of Coahoma County, M ississippi, but 
deny th a t V an D avis is a m em ber of said  B oard.



14

Defendants, adm it that said  Board of Education 
m ain ta in s  and generally  superv ises the  public school 
of Coahoma County, M ississippi, but deny th a t th is  
au thority  includes the au thority  to h ire  teacher p e r­
sonnel except under the  res tric tio n s  of s ta tu to ry  p ro­
visions of the S tate  of M ississippi.

D efendants adm it th a t acting p u rsu an t to the di­
rec tion  and au thority  contained in the S tate’s con­
stitu tional provisions and s ta tu tes  the B oard mem­
b ers  a re  officers and agen ts of the  State of M ississippi 
in enforcing and exercising  said  S ta te ’s law s p e r­
ta in ing  to th e ir  jurisdiction, but deny th a t they  a re  
req u ired  to enforce, or th a t  they  do n eceesa rily  en­
force, any S ta te  policies.

V.

D efendants adm it th a t defendant Board did not 
offer p la in tiff a con trac t to teach  in the Coahom a 
County Schools for the  1962-1963 school y ear, b u t 
deny th a t the reason  for such fa ilu re  and refusal 
was because of the civil righ ts  activ ities and associ­
ations designed to end racial d iscrim ination engaged 
in by h e r and h e r husband, but defendants allege th a t 
such ac t w as in s tric t accordance w ith the law s of the 
S ta te  of M ississippi and of the U nited S ta tes of A m er­
ica.

D efendants adm it on inform ation and belief th a t 
p la in tiff is now and h as  been for a long period an 
active dues paying m em ber of the N ational Associ­
ation for the A dvancem ent of Colored People (NAA- 
and th a t p la in tiff has been  active in the local p ro­
gram of said association and has provided aid and



15

assis tan ce  to her husband  who is P res id en t of the 
S ta te  C onference of th a t association’s b ranches in the 
S tate  of M ississippi. None of the individual defend­
an ts  w ere connected w ith the Coahoma County School 
D istric t in 1955 and a re  w ithout knowledge or infor­
m ation sufficient to form  a belief as to w hether p la in ­
tif f s  husband in 1955 signed a petition  w hich called 
for the  desegregation  of the  public schools of Coahoma 
County, M ississippi.

D efendants deny th a t each  y e a r since 1956 p la in ­
tiff, in com pliance w ith o rders  from  the defendan t 
Board, has filed an  affidavit w ith said  B oard listing 
all organizations of which she is a  m em ber, but ad m it 
th a t she has filed an affidav it each  y e a r since 1956' 
in accordance w ith S tate  law s listing  ce rta in  organi­
zations of which she is a  member.

D efendants a re  w ithout knowledge of in form ation  
sufficient to form  a belief as to the tru th  of the 
allegations contained in sub-parag raphs (c) and (d) 
of P a rag rap h  5 of the  com plaint, and, therefore , 
deny each and every  allegation  contained there in .

D efendants deny th a t on June 28, 1962, defendan t 
P au l H unter repo rted  to p lain tiff th a t he did not 
know why the defendan t B oard  had  refused  to renew  
plaintiff’s contract, but adm it th a t he s ta ted  th a t the 
B oard did not have to give p lain tiff a reason.

D efendants ad m it th a t p la in tiff requested  a con­
ference w ith defendan t B oard and w as told to re ­
quest such conference in a le tte r.

D efendants adm it the tru th  of the allegations con­
ta ined  in sub-paragraphs (f),  (g) and (h) of the 
num bered P a ra g ra p h  5 of the complaint.



16

VI.

D efendants deny the tru th  of the allegations con­
ta ined  in  P a rag rap h  6 of the  com plaint.

VII.

D efendants deny the tru th  of the  allegations con­
ta ined  in P a ra g ra p h  7 of the com plaint.

VIII.

D efendants deny the tru th  of the allegations con­
ta ined  in P a rag rap h  8 of the com plaint.

IX.

D efendants deny the tru th  of the allegations con­
tained in P a ra g ra p h  9 of the com plaint.

And now hav ing  answ ered  such allegations of the 
p la in tiff’s com plaint as defendan ts a re  advised and 
believe it is necessary  to answ er, defendan ts deny 
tha t p la in tiff is en titled  to any of the re lie f p rayed  for 
in P a rag rap h  1, 2, 3 and 4 of h e r p ray e r.

WM. H. MAYNARD,
(Wm. H. M aynard ),

GEO. F . MAYNARD, JR .,
(Geo. F . M aynard , J r . ) ,

A ttorneys F o r D efendants.
S tevens Building,

C larksdale , M ississippi.



17

INTERROGATORIES.

F iled  Jan. 19, 1963.

(Title Om itted.)

To: W illiam H. M aynard , Esq.,
Stevens Building,

Clarksdale, Mississippi,
A ttorney  for D efendants.

The p lain tiff req u ests  th a t the defendan t B oard 
answ er under oath, in accordance  w ith Rule 33 of 
the F edera l R ules of Civil P rocedure, the following 
in terrogatories:

1. How m any Negro teachers  w ere em ployed by 
the Coahom a County School B oard for the  1962-63 
school y ear?

2. W as each  of these N egro te ach e rs  requ ired  
to complete the affidavit required by §6282-41, Miss. 
Code Annot.?

3. Explain in step by step  detail w hat review  
and action is tak en  by the B oard on the affidavits 
required by §6282-41, Miss. Code Annot. after they 
a re  subm itted to the B oard by the teachers.

4. During the previous y ear, how m any Negro 
teachers  listed  m em bership or contributions to the  
N ational A ssociation for the A dvancem ent of Colored 
People (NAACP) on the affidavits required by §6282- 
41, Miss. Code A nnot.?



18

5. Give the nam es of such teach ers  and the schools 
to which they  a re  now assigned.

6. D uring the la s t five school y ears , how m any  
N egro teachers  have been  re leased  or not offered 
new  contracts  because of personal m isconduct or 
teach ing  inadequacies?

7. Set fo rth  the n a tu re  of the te ach e r m isconduct 
or teaching inadequacy in each case.

8. Set forth  the educational background and y ears  
of teaching experience of each te ach e r lis ted  in  re ­
sponse to question 7.

9. How m any teach e rs  listed  in question 7 w ere 
not offered new  co n trac ts  by the B oard afte r receiving 
recom m endations by the school p rincipal and super­
visor th a t they  be continued in th e ir positions for 
the ensuing1 y ear?

10. Of the te ach e rs  lis ted  in response to question 
7, how m any  w ere not advised  by the  B oard  or a 
school official w hy they  w ere being re leased  or not 
offered a new  contract?

11. Name the Negro te ach e rs  o ther th an  plaintiff 
who taugh t during the 1961-62 school y e a r  in Coahoma 
County and w ere w illing to teach  during the  ensuing 
year, who w ere not offered co n trac ts  for the 1962-63 
school year.

12. L ist the num ber, names, college degrees held, 
and y ears  of Coahoma C ounty teach ing  experience 
of each  teacher assigned  to the McCloud Ju n io r High



19

School during the 1962-63 school y ear, or to the school 
or schools w here teach ing  personnel form erly  assigned 
to the McCloud Jun io r High School w ere assigned  for 
the  1962-63 school y ear?

13. L ist the nam e, college degree held and teach­
ing experience of the te ach e r who replaced the p lain ­
tiff in the Coahom a County public schools?

14. L ist and explain  the  factors leading  to the de­
cision by the  Coahom a County B oard of Education 
not to offer p la in tiff a  contract for the 1962-63 school 
year.

15. W here a  N egro te ach e r is guilty of peronal m is­
conduct or teaching inadequacy, is th e re  procedure or 
policy of w arning, discussion probation or otherw ise 
before such te ac h e r is re leased  or refused  a teach ing  
contract for the  coming year?

16. A re such teachers  offered the opportunity to 
appear a t a hearing  of any sort?

17. W as p lain tiff given any notice concerning the 
unsuitab ility  of h e r conduct, if any? If so, w hat?

18. W ere any proceedings held concerning h er con­
duct? If so, w hat?

19. Did the B oard  have any inform ation concerning 
personal m isconduct or teaching inadequacy of the 
plaintiff which led to th e ir  decision not to offer her 
a teach ing  con tract for the 1962-63 school y ear?



20

20. L ist any other fac to rs  or events o ther th an  
personal m isconduct or teach ing  inadequacies th a t 
led the  B oard  to decide not to offer p la in tiff a teach ­
ing con tract for the 1962-63 school y ear?

P lease  tak e  notice th a t a  copy of such answ ers 
m u st be served  upon the  undersigned  w ith in  15 days 
a fte r the serv ice  of these  in te rroga to ries .

D ated: J a n u a ry  17, 1963.
D ERRICK  A. BELL, JR .,
R. JESS BROWN,

125 1/2 N. F a rish  S treet,
Jackson, M ississippi.

JACK GREENBERG, 
CONSTANCE BAKER 

MOTLEY,
DERRICK A BELL, JR ., 

A ttorneys for P lain tiff.
10 Columbus C ircle,

New Y ork 19, New York.

OBJECTION TO INTERROGATORIES.

Filed Jan . 30, 1963.

(Title Omitted.)

ICome now the  defendants, Coahoma County B oard 
of Education, P au l H unter, S. B. Wise, V an D avis, 
E. G. Larson, G raham  B ram lett and S. H. Kyle 
(erroneously  designated  as S. H. K yles), and object 
to the in te rro g a to ries  p resen ted  to  them, in th is cause



21

by plaintiff, Noslle M. H enry, and for grounds for 
such objection show here:

F irs t: Service of said  in te rrig a to ries  is p rem a tu re  
for the reason  th a t process ag a in s t all necessary  and 
indispensable p a rtie s  to th is cause of action  has not 
been  served. In th is  connection defendan ts show th a t 
C. M. Allen and Jam es F . H um ber, J r . ,  two of the 
p re sen t m em bers of the B oard  of Education, the 
said C. M. Allen succeeding V an Davis, and Jam es 
F . H um ber, J r . ,  succeeding E. G. Larson, a re  nec­
e ssa ry  and indispensable p a rtie s  to th is cause of 
action, and tha t ne ith e r of said  p a rtie s  has been 
m ade a party  defendan t to th is suit, nor served  with, 
any process, sum m ons or notice of the filing of said  
suit.

D efendants fu rth er show th a t V an D avis, one of 
the above defendants, w as not a m em ber of the 
Board of Education a t the tim e  of service of process 
on him, nor has be since been  a m em ber of said  B oard 
and is, therefore , im properly joined as a defendan t in 
th is cause.

D efendants fu rth e r show th a t E. G. Larson, one of 
the  above defendan ts, w as a  m em ber of said  Board 
of Education at the  time of the filing of this suit 
and service of process, bu t w as not a m em ber of 
said  B oard a t the  tim e of the  serv ing  of notice of 
the above m entioned in terrogatories nor is he at 
this tim e a m em ber of said  Board and is, therefore, 
im properly joined as a defendant here.



22

Second: None of the in te rro g a to ries  propounded 
by p la in tiff a re  re lev an t or p e rtin en t to the issues 
involved in th is cause.

WM. H. MAYNARD,
(Wm. H. M aynard),

GEO. F. MAYNARD, JR .,
(Geo. F . M aynard, J r . ) ,  

A ttorneys for D efendants.
S tevens Building,

C larksdale , M ississippi.

Notice of O bjections.

P lease  Take Notice that a t the ea rlie s t p rac tica l 
tim e convenient to th is Court, defendants will p re ­
sen t to the Court the foregoing Objection to In te rro g ­
a to ries  pursuan t to the provisions of Rule 33, F ed e ra l 
R ules of Civil P rocedure.

WM. H. MAYNARD,
(Wm. H. M aynard),

GEO. F. MAYNARD, JR .,
(Geo. F. Maynard, Jr.).

O RDER WITH R E S P E C T  TO PARTIES.

(Title O m itted.)

On application of plaintiff, it is 

O rdered:

(1) C. M. Allen is added as a p a rty  defendant.

(2) J am e s  F. H um ber, J r .  is added as a p a rty  
defendan t and is substitu ted  for E. G. Larson.



23

(3) E . G. L arson  is re leased  and dropped as a 
p a rty  defendant.

This the 15th day of F eb ruary , 1963.
CLAUDE F. (CLAYTON, 

(Claude F. C layton),
D is tric t Judge.

Ent. C. O. B. 2, p. 522, on Feb . 16, 1963.

ANSWER OF DEFENDANTS C. M. ALLEN AND 
JAMES F. HUM BER, JR .

F iled  Mar. 26, 1963.

(Title O m itted.)

Come now the defendants, C. M. Allen and Jam e s  F . 
Hum ber, J r . ,  (h e re in a fte r called  “defendan ts”), and 
in answ er to the  com plaint filed ag a in st them  by 
plaintiff, Noelle M. H enry, answ ering the following:

I.

D efendants deny the tru th  of the allegations con­
ta ined  in P a ra g ra p h  I of the  com plaint.

II.

D efendants deny the tru th  of the allegations con­
ta ined  in P a rag rap h  2 of the com plaint.

III.

D efendants admit tha t p la in tiff has taugh t in the 
McCloud Jun io r High School in the  defendan t B oard ’s



24

school system  for eleven y ears, but a re  w ithout 
knowledge or inform ation sufficient to form  a belief 
as to the o ther a llegations contained in P a ra g ra p h  3 
of the com plaint, and, therefo re , deny said  allega­
tions.

IV.

D efendants deny th a t Coahoma County B oard  of 
E ducation  is a public body corpora te  organized and 
existing under the law s of the S ta te  of M ississippi, 
but adm it th a t  Paul H unter is S uperin tenden t of 
the Board of Education of Coahoma County, M issis­
sippi, and th a t S. B. W ise, G raham  B ram lett, S. H. 
Kyle and defendan ts a re  p resen tly  m em bers of the 
B oard  of Education of Coahoma County, M ississippi, 
bu t deny th a t E. G. L arson  and Van D avis a re  mem­
bers  of said  B oard.

D efendan ts adm it th a t  sa id  B oard  of Education 
m aintains and gen era lly  superv ises the  public school 
of Coahom a County, M ississippi, bu t deny th a t th is 
au thority  includes the au th o rity  to h ire  teacher p e r­
sonnel except under the res tric tio n s  of s ta tu to ry  p ro­
visions of the  S ta te  of M ississippi.

D efendants ad m it th a t  acting  p u rsu an t to the di­
rection  and au thority  contained in the S ta te ’s con­
stitu tional provisions and s ta tu tes , the B oard  mem­
b ers  a re  officers and agents of the S ta te  of M ississippi 
in enforcing and exercising  said  S ta te ’s law s p e r­
ta in ing  to th e ir  jurisdiction, but deny tha t they  a re  
req u ired  to enforce, or th a t they  do n ecessarily  en­
force, and S ta te  policies.



25

V.

D efendants adm it th a t defendant B oard did not 
offer p la in tiff a con tract to teach  in  the Coahoma 
County Schools for the  1962-1963 school year, b u t 
deny th a t the reaso n  for such failure and re fusa l w as 
because of the civil rig h ts  activ ities and associations 
designed to end ra c ia l d iscrim ination  engaged in by 
h e r and h er husband, but defendan ts allege tha t such 
ac t w as in s tr ic t accordance  w ith the law s of the S tate  
if M ississippi and of the U nited S ta tes  of A m erica.

D efendants adm it on inform ation  and belief th a t 
p la in tiff is now and h as  been for a long period an 
active dues paying m em ber of the N ational Asso­
ciation for the  A dvancem ent of Colored People 
(NAACP), and th a t p la in tiff has been active in the 
local program  of said  association  and has provided 
aid and ass is tan ce  to h e r husband who is P res id en t 
of the State C onference of th a t  association’s b ranches 
in the  S tate  of M ississippi. None of the individual de­
fendan ts w ere connected w ith the Coahoma County 
School D istric t in 1955 and a re  w ithout knowledge1 
or inform ation sufficient to form  a belief as to w heth­
er p lain tifff’s husband in 1955 signed a petition  which 
called for the  desegregation  of the public schools of 
Coahoma County, M ississippi.

D efendants deny tha t each y ear since 1956 p la in ­
tiff, in compliance w ith o rders from  the  defendant 
B oard, has filed an affidav it w ith said  B oard lis t­
ing all organizations of w hich she is a m em ber, b u t 
adm it tha t she has filed an affidav it each  y e a r since 
1956 in accordance w ith S tate  law s listing  certa in  
organizations of w hich she is  a m em ber.



26

D efendants a re  w ithout knowledge or inform ation  
sufficient to form  a belief as to the tru th  of the a l­
legations contained in sub -paragraphs (c) and (d) 
of P a rag rap h  5 of the com plaint, and, therefo re , 
deny each and every  allegation contained therein .

D efendants deny th a t on June  28, 1962, defend­
an t P au l H un ter rep o rted  to p la in tiff th a t he did 
not know w hy the defendant B oard had  refused  
to renew  p la in tiff’s contract, but adm it th a t he s ta ted  
th a t  the B oard  did not have to give p la in tiff a reason.

D efendants adm it tha t p la in tiff requested  a con­
fe rence  w ith defendant B oard  and w as to told to re ­
quest such conference in a le tte r.

D efendants admit the tru th  of the a llegations con­
ta ined  in sub-paragraphs (f),  (g) and (h) of the 
num bered P a ra g ra p h  5 of the com plaint.

VI.

D efendants deny the tru th  of the allegations con­
ta ined  in P a rag rap h  '6 of the com plaint.

VII.

D efendants deny the tru th  of the allegations con­
ta ined  in P a rag rap h  7 of the com plaint.

VIII.

D efendants deny the tru th  of the allegations con­
tained in P a ra g ra p h  8 of the complaint.



27

IX.

D efendants deny the tru th  of the a llegations con­
ta ined  in P a ra g ra p h  9 of the com plaint.

And now having answ ered  such allegations of the 
plaintiff’s com plaint as defendan ts a re  advised and 
believe it  is n ecessa ry  to answ er, defendan ts deny 
th a t p la in tiff is en titled  to any of the  re lief prayed 
for in P a ra g ra p h s  1, 2, 3 and 4 of h e r p rayer.

WM. H. MAYNARD,
(Wm. H. M aynard),

GEO. F. MAYNARD, JR ., 
(Geo. F. M aynard , J r . ) ,  

A ttorneys for D efendants.
Stevens Building,

C larksdale, M ississippi.

ORDER: WITH RESPECT TO PARTIES.

(Title O m itted.)

By agreem ent of counsel for p la in tiff and defend­
ants, it  is ordered:

1. V an D avis is re leased  and dropped as a  party  
defendant.

2. D efendant S. H. Kyles, whose nam e is incor­
rec tly  spelled, be nam ed as a p a rty  defendan t as 
S. H. Kyle.

This the 2d day of April, 1963.
CLAUDE F. CLAYTON. 

D istric t Judge.

E nt. C. O. B. 2, p. 534, on A pril 3, 1963



28

MEMORANDUM OPINION AND ORDER.

(Title O m itted .)

This cause arose on a com plaint for injunctive 
re lief against the defendan t Board, p ray ing  th a t they 
be req u ired  to offer p la in tiff a te ach e r’s contract- 
in te rro g a to ries  w ere propounded to the B oard by 
plaintiff, and the B oard  m ade tim ely objection to 
certa in  of these  in te rroga to ries . Subm ission of these 
objections was m ade on m em orandum  briefs by the 
p a rtie s  and they  a re  now for disposition by the Court.

The substance of defendan t’s objections is th a t the 
m atters inqu ired  of have no re levance  or legal sig­
nificance, and would be objectionable if introduced 
into evidence upon the tr ia l of th is case on the m erits 
This, how ever, is not the te s t for a p roper in te rro g a ­
tory . Rule 33 of the F e d e ra l R ules of Civil P rocedure 
.s ta tes  th a t “In te rro g a to ries  m ay  re la te  to any m a t­

te rs  w hich can be inquired  into under Rule 26 
(b) * * and Rule 26 (b) states “the deponent may 
be exam ined reg ard in g  any m a tte r, not priv ileged, 
w hich is re lev an t to the sub jec t m a tte r involved in 
the pending action, w hether it re la te s  to the claim 
or defense of the exam ining p a rty  or to the c laim  or 
defense of any other party. * * * I t is not ground for 
objection th a t the  testim ony will be inadm issible 
at the tr ia l if the testim ony  sought appears reaso n ­
ably ca lcu la ted  to lead  to the d iscovery of adm is­
sible ev idence.”

The answ ers to the  in te rroga to ries , if e licited from  
the  defendant, can reasonab ly  be calcu lated  to p ro ­
vide the  p lain tiff w ith inform ation w hich would lead



29

h e r to  d iscovery  of the proof of h e r claim , if any 
there  be.

It is, therefo re ,

O rdered:

(1) T hat each  and every  objection of the defend­
an t to the in te rro g a to ries  as propounded by p lain ­
tiff in th is cause shall be and is hereby  overruled.

(2) That the defendant, the Coahoma County 
B oard  of E ducation , shall answ er each  and every  
in te rro g a to ry  as propounded by p lain tiff w ith in  fif­
teen  (15) dyas from the date  of th is o rder in the 
m anner p rescrib ed  by the F e d e ra l R ules of Civil 
P rocedure.

This the 6th day of June, 1963.
CLAUDE F. CLAYTON, 

(Claude F. C layton),
D is tric t Judge.

E ntered C. O. B. 2, p. 543 on June  7, 1963.



30

PH F. EXH. # 4 .

F iled  Jun . 20, 1963.

In the U nited S ta tes D istric t Court for the  N orthern  
D istric t of M ississippi, D elta  Division.

Noelle M. H enry, P lain tiff, 
vs.

Coahoma County B oard of E ducation , a Public  Body 
C orporate; Paul H unter, S uperin tenden t S. B. 
Wise, P res id en t, S. H. Kyle, C. M. Allen, J . F . 
H um ber, J r . ,  and G raham  B ram lett, M em bers, 
Defendants.

Civil Action No. D-lC-43-62.

A nsw er to In te rro g ato ries .

Now comes the  defendan t B oard, and in answ er to 
the in te rroga to ries  filed by p la in tiff in the above 
cause, hereby  answ ers the  sam e in the num erical 
o rder in which they  w ere p resen ted :

A nsw er to In te rro g a to ry  No. 1:
161 N egro te ach e rs  w ere em ployed by the Coahoma 

County School B oard for the 1962-63 school y ear.

A nsw er to In te rrogato ry  No. 2:
Yes.

A nsw er to In te rro g a to ry  No. 3:
No review  nor action is tak en  by the B oard on the 

affidav its requ ired  by Section 6282-21 of the  1942 Code



31

of M ississippi, Recom piled, a fte r they  a re  subm itted 
by the teachers. As a m a tte r of fact these  affidavits 
a re  not subm itted  to the  B oard  but only to the  Super­
in tenden t of Education.

A nsw er to In te rro g a to ry  No. 4:
No Negro teachers, including the plaintiff, listed 

m em bership or contributions to  the N ational Asso­
ciation for the A dvancem ent of Colored People on the 
affidav its req u ired  by said Section 6282-41.

A nsw er to In te rro g a to ry  No. 5:
See the answ er to In te rrogato ry  No. 4 above.

A nsw er to In te rro g a to ry  No. 6:
This B oard has kept no record  of how m any  N egro 

teach e rs  have been re leased  or not offered new  con­
tra c ts  because of personal m isconduct or teach ing  
inadequacies during the la s t  five school years, and 
the m em bers of said  Boa(rd have no independent re c ­
ollection as to th is num ber.

A nsw er to In te rro g a to ry  No. 7:
See answ er to In te rro g a to ry  No. 6 above.

A nsw er to In te rrogato ry  No. 8:
See answ er to In te rrogato ry  No. 6 above.

A nsw er to! In te rrogato ry  No. 9:
See answ er to In te rro g a to ry  No. 6 above.

A nsw er to In te rrogato ry  No. 10:
See answ er to In te rro g a to ry  No. 6 above.

Answer to In te rro g a to ry  No. 11:
Irm a Peyton



32

A nsw er to In te rro g a to ry  No. 12:
C harles Ball, A-s license, 7 y ears  experience; Wil­

liam  Gatewood, A-e license, 4 years experience; 
D avid H arris , A-3 license, 3 y ears  experience; G eor­
gia R ichardson, A-e license, 0 y e a rs  experience; E lla  
Compton, A-e license, 27 y ears  experience; Annye 
D augherty , A-e license, 17 y e a rs  experience; Em m a 
J. Long, A-e, license, 28 years experience; Thelma 
M elchor, A-e license, 22 years experience.

A nsw er to In te rro g ato ry  No. 13:
G eorgia R ichardson, A-e license, 0 y ears  experi­

ence.

A nsw er to In te rro g a to ry  No. 14:
The S uperin tendent of Education of Coahoma 

County, M ississippi, did not recom m end th a t the 
Coahoma County B oard of E ducation  offer p la in tiff 
a con tract for the  1962.-63 scholastic y e a r and, ac ­
cordingly, said  B oard w as in no legal position to 
consider the offering of such con trac t to plaintiff.

A nsw er to In te rrogato ry  No. 15:
There is no definite or set procedure or policy of 

w arning, discussion, p robation  or otherw ise, before 
a te ach e r considered guilty  of personal m isconduct 
or teaching inadequacies is re leased  or refused  a 
teaching  con trac t for the coming year. However, 
before any action is tak en  a  thorough investigation  is 
m ade of said  m isconduct or inadequacies by the 
Superin tenden t of E ducation  and w here considered 
by him necessary , w arning  is given.

A nsw er to  In te rro g a to ry  No. 16:
Such teach e rs  a re  offered the opportunity to appear1 

before the Superin tendent of Education, who is p e r­



33

sonally charged  by law  w ith  e ither recom m ending or 
not recommending them, for employment, or re-em- 
ployment, as teach ers . As a  m atter of fact, in the 
p resen t in stance  plaintiff w as g ran ted  a hearin g  by 
said  Superin tenden t of Education.

A nsw er to In te rrogato ry  No. 17:
The B oard  is inform ed th a t the  Superin tendent of 

Education, th rough the Supervisor, advised p lain tiff 
that he was not recommending her to the Board for 
re-em ploym ent as a te ach e r for the school year 1962- 
63.

A nsw er to In te rro g a to ry  No. 18:
No form al proceedings w ere held concerning the 

conduct of the plaintiff, but she w as not recom m ended 
by the S uperin tendent of E ducation  to the B oard 
for re-em ploym ent as a te ach e r for the scholastic 
y ear 1962-63.

A nsw er to In terrogato ry  No. 19:
As previously  sta ted , in answ er to In te rro g a to ry  

No. 14, the Superintendent of Education did not re ­
com m end p lain tiff for re-em ploym ent for the scho­
lastic  y e a r 1962-63 and thus the B oard w as in no legal 
position to consider such re-em ploym ent.

A nsw er to In te rro g a to ry  No. 20:
See answ er to In te rro g a to ry  No. 19 above.

S. H. KYLE,
(S. H. K yle),

S. B. WISE,
(S. B. W ise),

GRAHAM BRAMLETT,
(G raham  B ram left),



34

J . F. HUM BER, JR .,
(J . F. H um ber, J r . ) ,

C. M. ALLEN,
(C. M. A llen),

GEO. F . MAYNARD, JR ., 
(Geo. F . M aynard , J r . ) ,  

WM. H. MAYNARD,
(Wm. H. M aynard ), 

A ttorneys for D efendant 
B oard.

A ddress:
S tevens Building,

C larksdale, M ississippi,

S ta te  of M ississippi,
County of Coahoma.

P ersona lly  appeared, before m e, the undersigned  
au tho rity  w ith in  and for the S ta te  and County afore­
said , S. H. Kyle, S. B. Wise, G raham  B ram lett, J . F . 
Hum ber, J r . ,  and C. M. Allen, m em bers of the De­
fendan t B oard in the above en titled  cause, who on 
oath depose and say: T hat they  have  read  the  in ­
te rro g a to ries  served  upon them  by the plain tiff, and 
the foregoing answ ers to those in te rroga to ries  a re  
true  according to th e ir b est knowledge, in form ation  
and belief.

S, H. KYLE,
(S. H. K yle),

S. B. W ISE,
(S. B. W ise),

GRAHAM BRAM LETT,
(G rham  B ram le tt),

J . F . HUM BER, JR .,
(J . F . H um ber, J r . ) ,

C. M. ALLEN,
(C. M. A llen).



35

Sworn to and subscribed before me, on th is  the 20th 
day of June, 1963.

HALLIE MAE LOMBARD, 
(Seal) N otary  Public.

My Commission Expires Jan . 11, 1965.

F iled  M ar. 19, 1964.

W illiam  H. M aynard, Esq.,
M aynard, F itzG era ld  & M aynard, 

D raw er 480,
C larksdale, M ississippi.

M arch 16, 1964

Re: Noelle M. H enry v. Coahom a County B oard of 
Education, et al.

D ear M r. M aynard:
Enclosed please find an original and two copies of 

plaintiff’s suggested corrections in the tra n sc r ip t for 
your approval and forw ard ing  to the Court.

I am also re tu rn in g  to you the orig inal of the 
corrections suggested  by you w ith which we concur.

To save time, we would suggest th a t you subm it 
the orig inals of both your corrections and ours to the 
C lerk so th a t she can m ake the n ecessa ry  corrections 
to the original tran scrip t. We a re  w illing to accept 
the co rrec ted  tra n sc r ip t as the official one’ which 
should obviate the need of searching out the Court 
rep o rte r and asking h e r to sign a new  certificate.



36

If you have any problem s w ith any  of our correc­
tions, do not h esita te  to call me collect about them . 

Sincerely,
DERRICK A. BELL, JR ., 

(D errick  A. Bell, J r . ) ,
Counsel for P laintiff.

DAB:gsb
Enc.
cc: Judge Claude F. Clayton,

Mr. Will S. W ells, A sst. A tty. Gen.,
IR. Je ss  Brown, Esq.

PLA IN TIFF’S SUGGESTED CORRECTIONS TO BE 
MADE IN TRANSCRIPT OF TESTIMONY.

Filed M ar. 19, 1964.

(Title O m itted .)

Counsel for p la in tiff have review ed and concur on 
the lis t of suggested  corrections in the  tran sc rip t 
subm itted by a tto rneys for the  defendant. In  addition, 
counsel for p la in tiff believe the  following corrections 
a re  proper and should be m ade:

Page 6—Fourth question-Add “w ere” before final 
w ord “th e re .”

Page 9—Second answer-Should read “Mr. Charles C.

P ag e  6—F ourth  question—Add “w ere” before final 
w ord “th e re .”



37

Page 9—Second answ er—Should read  “Mr. C harles 
C. B all,” not “B alls”.

Sixth question'—Should read “now, were there p er­
sons,” not “w as there persons.”

P ag e  14—“D irection E xam ination” should read  
“D irect E xam ination .”

Page 16—F o u rth  l ine— . . we don’t  chose” should 
read  “we don’t  choose.”

Page 32—Fifth answ er—“desegregation the schools” 
should read “desegregation of the schools.”

Page 39—F irst answer—“Lulu Elem entary Schools” 
should read “Lulu Elem entary School.”

P ag e  46—Second question—“ . . . is th e r  any
te a c h e r” should read  “w as th e re  any teacher.”

Page 47—Second s ta tem en t by Mr. B ell should 
read  “That is righ t. We w an t to know w hat happened 
to the  p lain tiff and also w hat happened to the ones 
he did not recom m end.”

P ag e  50—F irs t  answ er—W here it read s  “th a t 
ere  a t” should read  “that w ere a t .”

Page 51—Third  question should read : “In your 
experience have any of your recom m endations ever 
been questioned by the S uperv isor?”

Page 52—Second answ er—“Club Scouts” should 
read  “Cub Scouts.”



38

P ag e  58—F irs t answ er—Add w ord “System ?” 
a t end of sentence.

P ag e  59—F ourth  answ er, fourth  line—W ord “re ­
sponse” should read  “respond .”

P age 63—F ifth  line on page read e  “for m o ra l 
conduct,” should read  “for im m oral conduct.”

Page 65—Second answ er reads “Coahoma operates on 
a school system,” should omit “on”.

Page 69—F ifth  question should read : “Now, do 
you recall w hether or not while serv ing  as Supervisor 
in the  iCoahoma County schools, you p layed  any p a r t 
in  recom m ending te ach e rs  to be reh ired  from  y ear 
to y e a r? ”

P ag e  71—Second question should read : “Are you 
fam iliar a t all w ith h e r ex tra -cu rricu la r activity

P age  73—F irs t  answ er should read : “Well, there  
w as no need to rep rim and  h e r .”

Page 76—Third question should read: “Do you re ­
call w hether or not the affidavit which was attached  
to M rs. H enry’s con tract lis ted  the N.A.A C.P. as one 
of the  organizations in w hich she is a m em ber?”

Page 93—F irs t  line should read : “ . . . school and 
for tha t reason it is relevant. . . . ”

Page 95—Second question, second line should read: 
“ . . . did you get out in the  com m unity. . .”



29

Page 97—F irs t  answ er should read : “I know she 
w as or had  been  . . . ”

Page 102—Statem ent of Mr. Bell, firs t paragraph, 
should read: “I think, Y our Honor, it  is going to be 
n ecessa ry  for us to get into the reco rd  w hat every ­
body knows in regards to segregation and the  desire  
of the  e lecto rs in Coahoma County to m ain ta in  seg re ­
gation.”

P ag e  115—F irs t answ er, “m oral ch arg e” should 
read  “m orals ch arg e .”

P ag e  120—F o u rth  line: “suggestive e r ro r” should 
read  “suggestion of e rro r .”

P ag e  138—Sentence on bottom  line should read: 
“T hat would certa in ly  be a self-serving d ec la ra tio n .”

P ag e  145—F irs t answ er: The w ord “p laequers” 
used  tw ice in the answ er should be “p la ca rd s .”

P la in tiff concurs w ith defendan ts’ s ta tem e n t tha t 
the  suggested  changes above m ay not be in  the  exact 
language used in  the  C ourtroom , but the corrections 
a re  in tended to accura te ly  re flec t the  substance of 
the  sta tem en ts th e re  m ade. P lain tiff’s counsel has 
not lis ted  the m any sm all typographical and spelling 
e rro rs  which are obvious on th e ir face. It is fe lt th a t 
w hen the  record  is p rin ted  on appeal, these correc­
tions can  be expeditiously m ade.

R. JE S S  BROWN,
DERRICK A. BELL, JR.,

125% N. Farish Street,
Jackson, M ississippi.



40

JACK G R EEN B ER G , 
DERRICK A. BELL, JR ., 

A ttorneys for P lain tiff.
10 Columbus Circle,

New Y ork 19, New York.

D ated: M arch 16, 1964.

F iled  M ar. 19, 1964.

M aynard, F itzG era ld  & M aynard 
Law yers

Clarksdale, M ississippi

M arch 18, 1964

M rs. M elita Lentjes,
Deputy D istric t Court Clerk,

C larksdale,
M ississippi.

D ear M elita:

Re: Noelle M. H enry v. Coahom a County B oard of 
Education, e t a l No. D-C-43-62.

We are inclosing suggested corrections of tra n s ­
cript in the above case made by a tto rneys for plain­
tiff and a tto rneys for defendant. Both a tto rneys ag ree  
th a t these  corrections should be m ade.

We also inclose a therm ofax  copy of le tte r  from  Mr. 
D errick  A. Bell, J r ., agreeing  likew ise th a t if these 
corrections a re  made the tran scrip t m ay be con­



41

sidered  official w ithout the s ig natu re  of the  Court 
rep o rte r.

If you have  any question as to the  suggested  cor­
rections, p lease advise us.

Very tru ly  yours,
MAYNARD, FITZGERALD & 

MAYNARD,
By WM. H. MAYNARD.

Incls:
WHM/1
CC: Honorable Claude F. Clayton,

Tupelo, M ississippi.

H onorable Will S. Wells,
A ssistan t A ttorney General,
Jackson  M ississippi.

M r. R. Je ss  Brown,
115 1/2 N. F a rish  S treet,
Jackson, M ississippi.

SUGGESTED CORRECTIONS TO BE MADE IN 
TRANSCRIPT OF1 TESTIMONY.

F iled  Mar. 19, 1964.

(Title O m itted.)

In our following lis t of suggestions we have not 
included all of the  m inor e rro rs  which we consider 
w ere m ade. However, we do believe that the follow­
ing corrections a re  proper and should be m ade. We 
shall lis t these  suggestions in the order in which the 
pages in the tra n sc r ip t occur.



42

On P ag e  3 the R ep o rte r has un d ertak en  to set out 
a  stipulation of counsel as she evidently  understood 
it to be made. She has en tire ly  failed to se t forth  
th is  stipulation, the true  stipulation is in effect as 
follows:

“By agreem ent w ith A ttorney Bell, it is agreed 
th a t the Coahoma County B oard of Education, w hich 
is one of the defendants here, and the Superin tendent 
of Education, who likewise is a defendant, a re  the  
Board of Education and Superin tendent, respectively , 
of a  county wide school d istric t as defined by the 
s ta tu tes  of the  S tate  of M ississippi, which d is tric t is 
nam ed Coahoma County School D istrict, and com­
prises all of the te rr ito ry  of Coahom a County, Mis­
sissippi, outside of the te rr ito ria l lim its of the City 
of C larksdale, M ississippi.

“It is likew ise agreed th a t the C larksdale Munici­
pal S epara te  School D istric t, w hich is the only school 
d istrict o ther th an  the  Coahom a County School D is­
tr ic t  w ithin Coahoma County, M ississippi, has te r ­
rito ria l boundaries co-extensive w ith said  City of 
C larksdale, M ississippi”.

On Page 7 under the fourth  question, the  sixth 
word should be “of” ra ther than “or”, thus making 
the  corrected sentence read:

“And, w hat w as the scale of sa la ry  th a t you earned  
during the la s t y ea r th a t you taugh t?”

On Page 31, under the fourth  question, the w ord 
in the th ird  line should read  “ led” ra th e r  than  “lead ”.



43

On P ag e  32 the firs t “ is” should be omitted, thus 
m aking  the  corrected  sentence read : “In consider­
ing if she be fam iliar w ith th a t program , she cer­
ta in ly  is com petent”.

The f irs t question on Page 34 should read  as follows 
ra th e r  th an  read ing  as in the transcrip t.

“And served ten consecutive years” rather than 
the  “And, skipped ten  consecutive y e a rs ”.

On Page 35 the second question should read as follows:

“D uring each  of the eleven y ears  w ith the  Coahoma 
County School District, or whatever school district it 
w as called, did you fully comply w ith the c o n trac t?”

On Page 64 the w ord “s ta tu e” in the first line 
should be “ s ta tu te ”.

On P ag e  81 the la s t line should read:

“And a t no tim e did the Superin tenden t or the 
B oard  of E ducation  refuse to renew  h e r contract” .

On P age  110 the line constitu ting the second p ar­
ag rap h  of the firs t answ er of the w itness should 
read:

“ In  March of la s t y ear her husband w as convicted 
of a  m orals charge”.

On P ag e  116 the firs t s ta tem en t made by Mr. Bell 
should read :



44

“I think we m ain ta in —no, we a re  m ainly concerned 
w hether or not the S uperin tendent bothered  to find 
out any of th is inform ation”.

You -will notice th a t the suggested  change substi­
tu tes  the w ord “ Superin tenden t” for the tran sc rip t’s 
w ord “w hites”.

On P age  118, the a tto rney  nam ed in the th ird  an ­
sw er as “M r. L ight” should be “Mr. Luckett” .

F o r purposes of clarification the  m otion m ade by 
one of the  a tto rneys for defendan ts as to grounds for 
a  m otion for a perem ptory  instruction  should be 
corrected . A lthough counsel does not reca ll the exact 
language of th is m otion it is so bad ly  stated in  the 
R ecord as to be not understood. (R. 128) In substance 
it w as as follows:

“And now come S. B. Wise, G raham  B ram lett,
S. H. Kyle and J . F . Hum ber, J r ., as defendan t and 
m em bers of the Coahom a County, M ississippi, School 
B oard  of Education, and move th a t all of the te s ti­
m ony introduced on behalf of p la in tiff against said  
defendants be excluded and stricken  from  the R ecord 
and said  cause be d ism issed  to the p rejudice of p lain­
tiff as ag ain st said  defendants, and for cause shows:

“This cause s ta tes  as a basis  of its  case against 
m em bers of said  B oard th a t they  failed  to re-employ 
the  plaintiff, Noelle H enry, for the scholastic  y e a r 
1962-63 in the Coahom a County School D istrict. The 
evidence shows th rough the testim ony of the  Super­
in tenden t of Education, P au l blunter, th a t said Su­



45

perin tenden t of Education did not recommend to the 
B oard of E ducation  that it re-em ploy the plaintiff, 
and under the  law  of M ississippi in a county wide 
school d istric t such as the one involved here, it is 
necessa ry  before the Board of Education can  employ, 
or re-em ploy, a teacher tha t said  employment, or 
re-em ploym ent, be recom m ended by the Superin tend­
en t of Education.

“As a  second count for said  m otion it is shown th a t 
the en tire  basis of th is suit, as set out in the  com plaint 
of plaintiff, is th a t the civil righ ts  of p lain tiff under 
the s ta tu tes  of the U nited States of A m erica w ere 
violated, and th a t plaintiff w as not re-em ployed for 
the sole reason th a t she and her husband  had  been 
active in the activ ities of the NAACP. There is not a 
suggestion of evidence by any of the w itnesses here 
th a t  th a t w as the  reason for h er not being re-em ­
ployed and on the con tra ry  the S uperin tendent of 
Education testified  th a t this did not en te r in any w ay 
into his consideration not to m ake the recom m enda­
tion of re-em ploym ent.

“T hat is our m otion w ith re ference  to the B ea rd ”.

On Pages 130 and 131 our m otion for a  perem p­
to ry  instruction on behalf of the S uperin tendent of 
Education is likew ise m isquoted and should be in 
substance as follows:

“We now come and move on behalf of defendant 
P au l H unter, S uperin tendent of E ducation  of Coa­
homa County School D istrict of Coahom a County, 
M ississippi, th a t all evidence against him be excluded



46

and th a t the cause of plaintiff be d ism issed  as to him 
w ith prejudice.

“For cause for said  m otion said defendan t shows 
tha t under the  s ta tu te s  of the S tate  of M ississippi, 
as  in te rp re ted  by the Suprem e Court of M ississippi, 
the m a tte r  of m aking recom m endations for employ­
m ent or re-em ploym ent of a teacher in a  county 
wide school d istrict as is the one here involved is 
solely w ithin the  judgm ent and d iscretion  of the  
S uperin tendent of Education and not to be controlled 
in any w ay by any Court;

“And, second, the case again st the Superintendent 
of E ducation  fails as ag ain st the m em bers of the 
B oard of E ducation  because it a sse rts  th a t he w as 
depriv ing the p lain tiff of her righ ts in th is case solely 
because of h e rs  and h er husband’s activ ities in  
NAACP and th is has not been proven.

“And the th ird  ground for the Superin tenden t of 
Education, if he needed to give reasons for not m ak ­
ing any recom m endations, said reasons, if given, 
w ere completely sufficient to legally  allow him  not to 
recom m end the re-em ploym ent of the plaintiff, Noelle 
H enry .”

On Page 136 the  w ord “s it” occurring  in the  f ir s t  
line of the second question should read  “ sat” ra th e r  
th an  “s it”.

In  m aking  the above suggestions it m ust be re ­
m em bered th a t the exact language as used in the 
Courtroom  by the w itnesses and counsel cannot be



47

com pletely accurately  tran sc rib ed  but certain ly  the 
Record should reflec t the substance of these ques­
tions and statem ents.

WM. H. MAYNARD,
(Wm. H. M aynard),

Of Counsel for the 
D efendants.

F iled  Aug. 14, 1963.

In the D istric t Court of the U nited States, for the 
N orthern  D istric t of M ississippi, D elta  Division.

Noelle M. H enry, P lain tiff, 
vs.

Coahoma County B oard of Education, a public Body 
C orporate; P au l H unter, Superin tendent; S. B. 
Wise, P residen t; S. H. Kyle, C. M. Allen, J . F . 
Hum ber, J r . ,  and G raham  B ram lett, M em bers, 
D efendants.

Civil Action No. D-C-43-62,.

Be It R em em bered th a t the above sty led  cause 
came on to be heard  on th is the 29th day of July, 1963, 
a t nine o’clock A. M., in the United S ta tes D is tric t 
Court for the D elta Division, a t  Oxford, before the; 
H onorable Claude F . Clayton, D is tric t Judge, p resid ­
ing, w here proceedings w ere had, as follows:



48

A ppearances:
F o r the P la in tiff: Mr. R. Je ss  Brown, Jackson, 

M ississippi, Mr. D errick  Bell, Suite 2030, 10 
Columbus Circle, New Y ork City, New York, 
M rs. B a rb a ra  M orris.

F o r the D efendants: Mr. W illiam H. M aynard, 
C larksdale, M ississippi, Mr. Will S. Wells, 
A ssistan t A ttorney G eneral, New Capitol Bldg., 
Jackson, M ississippi.

The Court:
You m ay be seated .
Will you call all your w itnesses around and le t them  

be sworn.

The M arshal:
All the w itnesses come inside the b a r  and be sworn, 

righ t around here.

(Whereupon, all the w itnesses w ere duly sworn,)

The Court:
Show the w itnesses out of the room.

Mr. M aynard:
May the w itnesses, the  defendan ts s tay  in the  

Courtroom ?

The Court:
Yes, they  m ay rem ain.

Mr. Bell:
I would like to see which of these w itnesses a re  to

appear.



49

The Court:
Would you like to—how long will it take?

Mr. Bell:
J u s t long enough to get the nam es of those who a re  

h e re  tha t would be sufficient.

The Court:
Well, you probably need a recess for tha t.

Mr. Bell:
I don’t know, I th ink  five m inutes would do.

The Court:
I don’t  know of any atto rney  or any out-of-state 

law yer who can  move th a t fast.

[2] C ourt is in recess un til tw enty  m inutes a fte r 
nine.

(W hereupon Court recessed at nine five o’clock.)

The Court:
You m ay  be seated .
You m ay  call your f irs t w itness for the plaintiff. 

Mr. Brown:
F ir s t  I would like to at th is time to in troduce to 

the Court A ttorney D errick Bell of New York.

The Court:
Yes, I know A ttorney B'ell.



50

Mr. Brown:
And Mrs. B a rb a ra  M orris of the New Je rse y  bar. 

Mr. Bell is w ith the P ennsy lvan ia  Bar. We give th is 
for the defendants inform ation.

The Court:
Is it M orris?

M rs. M orris:
M orris.

The Court:
M orrison?

Mrs. M orris:
M orris.

The Court:
Would you spell it, please?

M rs. M orris:
(Spelling) M-o-r-r-i-s.

The Court:
All right.
I th ink it m ay be well by stipulation—This [3] will 

be tak en  as a full hearin g  on the m erits, th a t is 
co rrect, its ’t it?

Mr. Bell:
Yes, sir.

Mr. M aynard:
Yes, sir, th a t is correct.



51

By agreem ent w ith A ttorney Bell, it is agreed  th a t 
the  Coahoma County Board of Education, w hich is 
one of the  defendants here, and the Superintendent' 
of Education, who likewise is a defendant, a re  the 
B oard of E ducation  and S uperin tendent, respectively, 
of a county wide school d is tric t as fefined by the 
s ta tu es  of the S tate  of M ississippi, which d istrict is 
nam ed Coahoma County School D istrict, and com ­
prises all of the te rr ito ry  of Coahom a County, M is­
sissippi, outside of the te rrito ria l lim its of the City 
of C larksdale, M ississippi.

It is likewise agreed  th a t the C larksdale M unici­
pal S epara te  School D istrict, which is the only school 
d is tric t o ther th an  the Coahom a County School Dis­
tr ic t w ithin Coahoma County, M ississippi, has te r ­
rito ria l boundaries co-extensive w ith said City of 
C larksdale, M ississippi.

The Court:
Anything fu rth er to be tak en  up before the first 

w itness is called?

Mr. Bell:
No, sir.

Mr. M aynard:
No.

Mr. Bell:
We call as our first w itness M rs. Noelle H enry, the 

plaintiff.



52

[4] N O ELLE HEN RY , the w itness having been  
duly sw orn in  th is case, testified  as follows:

D irect Exam ination.

By M r. Bell:
Q. Would you s ta te  your full nam e?
A. Mrs. Noelle H enry.
Q. W hat is your residence?
A. My residence is 636 P age  Avenue, C larksdale, 

M ississippi.
Q. W hat is your race?
A. I am Negro.
Q. W here w ere you born?
A. I  w as born  a t Jackson, M ississippi.

Mrs. M orris:
Your Honor, the gentlem en over here  by the w all 

say  we should use the lectern . We p refer to s tay  here .

The Court:
I t is all righ t for counsel to rem ain  a t the counsel 

table or to use the lectern  as you p refer.

M rs. M orris:
Thank you, Your Honor.

D irec t E xam ination  (Continuing):

By Mr. Bell:
Q. W here w ere you born?
A. In Jackson, M ississippi
Q. Will you describe for the Court your educa­

tional [5] background?



53

A. Well I received a B'. S. D egree a t Jackson S tate  
College and I have done—

Q. W hat year?
A. That year w as 1945.
Q. And w here did you go to high—public school? 
A. Jackson  College elem entary  grades and high- 

school too.

The Court:
Will you speak a little  louder?

The W itness:
I a ttended  e lem en tary  g rades and Jackson  S tate  

College and also Campbell College High School.

D irec t E xam ination  (C ontinu ing):

By M r. Bell:
Q. And now, you say you have a B. S. D egree? 
A. I have, yes, sir.
Q. W here did you obtain th a t B. S. Degree?1 
A. O btained it a t Jackson, M ississippi.
Q. Anything fu rther?
A._ And I did g radua te  in L atin  and English.

* Q. Will you describe for the Court your teaching 
I experience?

A. Well, I had  five y ears  teaching experience in 
the city system  in Jackson.

Q. Beginning when?
A. Beginning in Septem ber of 1945 until May, 1950. 

[6] Q. And then  w hat?
A. I have  had  eleven y ears  experience in the 

Coahoma County schools in C larksdale, M ississippi.
' Q .  W hat?

A. The Coahoma County schools.



b4

Q. Which schools did you teach  in the C larksdale 
and Coahoma County?

A. I taugh t a t McCloud High school.
Q. And, would you rep ea t again  w hat the periods 

of tim e th a t you w ere  there?
A. Well, I tau g h t from  Novem ber of 1950. I tau g h t 

one y ear and I w as out a year. I w as out a year, 1951 
and 1952, and then, I w ent back in 1952 and the same 
school until 1962.

The Court:
I believe we would get along b e tte r if counsel would 

use the lectern. She would be answ ering a little  bit 
m ore distinctly and a little  louder.

I have difficulty in hearing  w hat she is saying.

D irec t E xam ination  (Continuing):

By Mr. Bell:
Q. W hen w as the last tim e—w hen w as the  la s t 

y e a r that you taught in the Coahoma County System ?
A. The la s t te rm  I tau g h t was the term  of 1961 

and 1962.
[7] Q. And th a t ended when?

A. In May.
Q. In 1961 or 1962?
A. 1962.
Q. W ould you not let your voice drop.
W hat g rades did you teach?
A. I w as teach e r of the Third G rade.
Q. And, w hat w as the scale of sa la ry  tha t you 

earned during the la s t year th a t you taught?
A. My sa la ry  w as $3450.



55

Q. This C oahom a County—The McCloud School 
w hich you taugh t w hat w as the  race of the  pupils 
who w ere—you w ere in struc ting  in th a t school?

A. N egro.
Q. W ere th e re  any w hite pupils in th a t school?
A. No, sir.
Q. W hat size, w hat w as the average size of the 

c lasses th a t you tau g h t in th a t school?
A. The av erage  sizes I tau g h t varied . This one 

y e a r I had  seventy-one, the next y ear I would have 
six ty  or more. The size of my classes varied.

Q. But the average  was about what?
A. The av erag e  fifty^ malybe fifty-ifiive.
Q. Did it ever get any h igher th an  tha t?
A. Well, it depended on the  w eather. If we had 

very bad w eather, the children had  whooping cough, 
bu t [8] usually w hen the w eath e r w as good—

Q. It w as about the sam e total th a t w as enrolled 
in the beginning of the y ear?

A. Well, the av erag e  num ber of studen ts th a t 
would—

The Court:
I don’t w ish to re s tr ic t counsel in his exam ination 

of the num ber of students and the num ber of pupils 
in th is class, but w hat does th is have to do w ith the 
question in th is case?

Mr. Bell:
Well only in regard  we feel, Your Honor, we can 

show a very  good teacher doing a good job under 
quite a few  handicaps.

As fa r  as class size and th ings of th is n a tu re  are  
concerned.



56

The Court:
All righ t. Go ahead .

Mr. Bell:
Would the rep o rte r read the la s t question?

The Court:
I th ink  it w as w hat is the av erag e  enrollm ent a t the 

beginning of the school y e a r in your class?

The W itness:
Well, they—you see, they  usually come perhaps the 

f irs t w eek on or the second week. They would come 
perhaps a t the  beginning from  the firs t enrollm ent. 
There would be probably fo rty  to forty-five and m ore 
would continue to come. It rea lly  tak es  them about a 
m onth. Then they  would come in during  the school 
year, too.

[9] Q. Do you recall how m any  teach ers  w ere 
assigned to the  McCloud School?

Mr. M aynard:
We object to th is  as leading  us far afield. We are  

going to ask—

The Court:
You a re  objecting?

Mr. M aynard:
Yes, sir.

The Court:
Objection is overruled.



57

D irect E xam ination  (C ontinuing):

By Mr. Bell:
|Q. How m any teach e rs  w ere assigned to the Mc­

Cloud School?
A. There w ere ten  teach e rs  and a  principal.
Q. Who is the P rincipal?
A. Mr. C harles C. Ball.
Q. W hat was the  race of the principal and the 

o ther teachers?
A. They were N egroes.
Q. W ere any w hite teach ers  assigned during your 

experience?
A. No, there  w eren ’t.
Q. Now, were there  persons over the Principal? 

W as there  a Supervisor over the P rincipal of your 
school?

A. Yes, sir, there  w as.
Q. W hat w as the title?
A. Gen Supervisor of the school.

[10] Q. D uring the la s t year, w hat w as tha t person’s 
nam e?

A. G eraldine W hite.
Q. W as th e re  any other Supervisor during the 

period th a t you taugh t in th is school year?
A. No. Yes, sir, th e re  were, I am  sorry.
Q. W hat w ere th e ir nam es?
A. M rs. L illian Rogers Johnson, and G eraldine 

W hite.
Q. W hat a re  th e ir race?
A. Negro.
Q. Now, you indicated  th a t you taught the th ird  

grade. W hat courses did you teach?



58

A. I tau g h t all subjects of the Third G rade which 
included: R eading, w riting, language, spelling, a rith ­
m etic, health , citizenship—I taught a ll the sub jec ts 
of the g rade.

Q. W ere you involved in any ex tra -cu rricu la r a c ­
tivities o ther than  the teach ing  assigned?

A. Yes, sir, I w as.
Q. D escribe them?
A. Well, the Tri Hi-Y Club.
Q. W hat is tha t?
A. The Tri Hi-Y Club is an religious organization 

sponsored by the Y.M.C.A. and its purpose is to 
create  and m ain ta in  high standards of C hristian  liv­
ing.
[11] Q. W hat did you do as sponsor of th is organi­
zation? W hat type of activity  did you engage in?

A. We engaged in quite a few. We a ttended  dis­
tric t and s ta te  m eetings and th a t usually  cabled for 
m em bers of the club to go various p laces and we had  
regu lar activities. We did a farm  one y ear. T hat is 
about the size of it. We alw ays a ttended  tha t.

Q. W ere th e re  any other ex tra -cu rricu la r ac tiv i­
ties th a t you do?

A. I served as Den m other for the Roy Scouts.
Q. Any others?
A. I served as S ecre ta ry  of the P.T.A. and I 

p a rtic ip a ted  in all the drives such as the Cancer 
D rive, the Red Cross D rive and I served as C hair­
m an  on m any of those drives and aided the school to 
ra ise  its quote.

Q1. Now, w hat tvpe of teaching con tract did you 
receive from the Coahoma County Board?

A. A one y e a r teach ing  contract.



59

Q. Can you describe the p rocedure  followed in 
obtaining that contract? How were you informed 
each year? How did you apply each y e a r if th a t w as 
n ecessa ry  for th is contract?'

A. Well, the  P rincipal would have a  conference 
w ith the teach e rs , usually  the la tte r  p a r t of M arch 
and he would ta lk  w ith you and tell you how you had  
done during the school term , and he would also te ll 
you [12] if he w as recom m ending you to teach  for 
the next school term .

Q. Now, w hen did you actually—w hen did you 
generally  get your con tract for the next school year?

A. Well, usually  I would get a con tract a t the 
beginning of th a t ensuing school term , w hen we go 
back  to the school we would get up the  contracts.

Q. W as it or w as it not the usual procedure th a t 
w hen the P rincipal m ade his recom m endation  or 
indicated to you he was going to make recom m enda­
tions, did th a t give you any idea th a t you would 
probably be h ired  or not?

A. It did.
Q. You indicated the la s t y ea r w as th a t—the la s t 

y ea r th a t you tau g h t w as 1961-1962 school year. Did 
you have a conference w ith you Principal at the  
la tte r  p a r t of 1961-1962 concerning the next school 
vear?

A. I did.
Q. And, can you describe the substance of w hat 

occurred  a t the  conference?
A.. W hat we—

Mr. W ells:
We object for m any  reasons—for the reason it calls 

for h earsay  and the P rincipal of who is not a de­



60

fendan t in  th is case and the details w ith any  con­
ference—she had  w ith any conference would not be 
perm issib le  if it w as a conversation not in the [13] 
p resence of any defendants in th is case.

The Court:
I reserve  ru ling  on tha t. The w itness m ay answ er. 

The W itness:
The P rin c ip a l called me in on the 2,1st of M arch 

and he said  th a t he w as getting  his recom m endations 
for teachers for the ensuing y ear and he questioned 
me concerning the school program  and I had  done 
m y work, he said, satisfac to rily  and he asked  if I 
w anted  to teach w ith them  again  next year. I said  
yes, and he inform ed me, he w as recom m ending m e.

Q'. Would you indicate w hen th a t was?
A. That w as on the 21st of M arch.
Q. W hat year?
A. 1962.
Q. Don’t le t your voice drop. What w as the next 

thing you h eard  about your con trac t for the 1962-1963 
years?

A. I didn’t h e a r anything else until June  the 4th.
Q. W hat happened on th a t occasion?
A. Well, on June 4, the Supervisor, M rs. G eraldine 

W hite called me in—

Mr. Wells:
If the  Court please, we will object to the conversa­

tion betw een these w itnesses a;nd the Supervisor being  
heard—h earsay , and the  superv isor in reference to 
the contract to teachers m akes no recom m endation



61

under the s ta tu te . The [14] P rincipal m akes the 
recom m endation to the Supervisor, but the Supervi­
sor has no official capacity  in the  em ploym ent of 
the teach ers .

We subm it th a t th a t would not be a com petent 
answ er.

The Court:
I reserve  ruling. The w itness m ay answ er.

The W itness:
The Supervisor inform ed me th a t Mr. H unter asked 

her to tell me th a t the Board did not go along w ith 
o ther recom m endations for me for the term  of 1962 
and 1963.

D irect E xam ination  (C on tinu ing):

By M r. Bell:
Q. Did you lea rn  a t th a t tim e why the Board would 

not go along?
A. I did not.
Q. And, a t th a t point, did you take  any fu rth e r 

action on your contract?
A. Not then, no, I didn’t
Q. Why didn’t  you take  fu rth e r action a t tha t 

tim e?
A. Well, a t th a t  point, M r. Ball, my P rincipal 

w as out of town and he had  inform ed me he w as 
recom m ending m e and I w anted  to see w hat hap­
pened, so I didn’t until he re tu rned .

Q. Do you recall w hen he re tu rn ed ?
A. Yes, I do.



62

[15] Q. Did you lea rn  any fu rth e r information about 
the action on the contract?

A. Well, he didn’t know anything about it until I 
asked him about it. He didn’t  know. He had not been 
told.

Q. Did you recall w hen you ta lked  to him ?
A. I ta lked  to him  on the  18th of June.
Q. Did you take  any fu rth e r action  w ith reg a rd  

to your contract?
A. Yes, I did.
Q. W hat did you do?
A. I called Mr. H unter.
Q. Who is Mr. H unter?
A. He is the S uperin tendent of the school.
Q. Then w hat happened?
A. I called M r. H unter and told him I would like 

to have a conference w ith  him?
Q. Was it g ran ted?
A. Yes.
Q. Would you give us the  substance?
A. I called Mr. H un ter and he gave me a date to 

ta lk  to him . and I told him th a t I had been inform ed 
by M rs. W hite tha t the B oard did not renew  my con­
tra c t  and I w anted  to know why and he said to  me 
well, I w an t to say  th is th a t your contract is not a con­
tinuous one, and we have it renew ed from y e a r to 
y ear. Your 116] contract ju s t w asn’t  renew ed for 
1962-1963. and he said  I don’t know why the board  
didn’t renew  your con tract; in going over the con­
tracts w hen thev  got to vour nam e, thev  said we
don’t  choose to renew  th is  one. __...

....They didn’t te ll me why and I don’t know whv,_ So
T said to him. “Do you th ink the B oard will te ll me: 
w hy?” He said. “ I don’t know. You can w rite  a le tte r



63

Q. W hat did you do in reg ard  to that suggestion? 
A. In reg a rd s  to th a t suggestion, I w rote to the 

Board.
Q. Do you reca ll the date  w hen you w rote th is 

le tte r?
A. June 30.
Q1. Did you m ake a copy of the le tte r th a t you sen t 

to the Board?
A. Yes, I did.
Q. W hen you m ade the  copy?
A. I m ade the  copy and I usually  w rite  my le tte rs  

off f irs t and m ake another. I keep the  orig inal copy.
Q. I would like to have th is m arked  as Exhibit 

No. 1 for the P la in tiff for identification.

The Court:
Let it be so m arked.

(Said document w as m arked  P la in tiff’s Exhibit 
No. 1 for identification.)

[17] Mr. Wells:
If the Court please, th is a carbon. We need to read  

it. 1

The Court: ’
All right.

Mr. M aynard:
If the  Court p lease, th e re  is such a slight d iscrep­

ancy th a t we have no objection.

The Court: 
All right.



64

Mr. Bell:
I show you this le tte r  m ark ed  P lain tiff’s Exhib it 

No. 1 for Identification and ask  you do you recognize 
th a t?

A. Yes, sir, I do.
Q. W hat do you recognize it as?
A. This le tte r?
Q. Yes.
A. As the le tte r  th a t I w rote to the Coahoma B oard 

of Education.

Mr. M aynard:
A ttorney  Bell m ay have the pho tosta t copy which 

appeared  to be a copy of iihe le tte r  in troduced  as 
P la in tiff’s E xhib it No. 1,

We have no objections.

The Court:
If you p refer to use it, you m ay  w ithdraw  the  one 

m ark ed  P la in tiff’s E xhib it No. 1 and en te r the photo­
s ta t  copy.

Mr. M aynard:
We make no point of it. This happens to be co rrec t 

and th a t one doesn’t  happen to be.

[18] M r. Bell:
All right.

(Said document w as m arked substitu te  P la in tiff’s 
Exhibit No. 1 for Identification.)



65

D irect E xam ination  (Continuing):

By Mr. Bell:
Q. Would you read  the contents of th a t le tte r  th a t 

you indicated  th a t you subm itted to the  B oard on 
June  30?

A. (R eading) “636 P age  Avenue, Clarksdale, Mis­
sissippi, June  30, 1962 to the Coahom a County B oard 
of Education, Mr. S. B. Wise, Chairm an County Court 
House Bldg., C larksdale, M ississippi, D ear Sirs:

“I am a teacher of Coahom a (County and have 
taught in the system  eleven years.

“R ecently  I w as inform ed th a t the B oard did not 
renew  my contract for the ensuing y ear. Since my 
principal, superv isor or superin tenden t have never 
complained or m ade any charges again st m e, I would 
like to know why my contract w as not renew ed.

“ I would appreciate  it if I could have a conference 
w ith the B oard concerning th is m a tte r  a t your earliest 
possible date. I shall be available for a conference 
any day a fte r Ju ly  7.
ri9] “Thank you for the consideration you will give

this m atte r. Yours truly, Mrs. Noelle M. H enry.”
Q. Did you receive any response?
A. Yes, I did.
Q. W hat w as the n a tu re  of the response?
A. A telephone call.
Q1. A telephone call from  whom?
A. From  Mr. H unter.
Q. F rom  Mr. H unter?
A. T hat is right.
Q. W hat w as the substance of th a t telephone call?



66

A. Well, Mr. H unter called and he said  th a t the 
B eard  had received my le tte r  and the  B oard asked 
him  to te ll me th a t w hat the Board had done w as 
final and it would be a  w aste  of tim e to call an  e x tra  
session.

Q. At th a t time w as th e re  any indications given to 
you by Mr. H unter w hy the B oard had  tak en  the 
action th a t they  had?

A. No.
Q. Did you take any fu rth e r action?
A. He said  th a t the B oard had  inform ed m e to call 

you.
Q. Was th e re  any indications given to you during 

th a t conversation as to why the B oard had  given to 
[20] act again st you?

A. Not over the telephone.
Q. Did you take any fu rth e r action in regard to 

your con tract?
A. Yes, sir.
Q. W hat action did you tak e?
A. I then  w rote a le tte r  to Mr. H unter and asked 

him to in tercede  in my behalf to get the conference 
w ith the Board.

Q. Do you reca ll the date  of th a t le tte r?
A. L e t’s see—I have a copy.
Q. Did you m ake a copy of tha t le tte r?
A. I did.

Mr. Bell:
I ask  th a t th is le tte r  be m arked  P la in tiff’s Exhib it 

No. 2 for Identification.

The Court:
Let it be so m arked.



67

(Said document w as m arked  P la in tiff’s E xhib it No. 
2 for Identification.)

Mr. M aynard:
Excuse us Your Honor while we read  this.

The Court:
All right.

Mr. M aynard:
We have no objection to it, Your Honor.

[21] D irec t Exam ination (Continuing):

By Mr. Bell:
Q. I show you P la in tiff’s E xhib it No. 2 for Identi­

fication, do you recognize th a t le tte r?
A. Yes, I do.
Q. W hat—W as th a t the  le tte r  th a t you indicated 

that you w rote to Mr. H unter?
A. Yes, sir.
Q. Would you read  it?
A. (R eading) “636 Page Avenue, C larksdale, Mis­

sissippi, A ugust 31, 1962 to Mr. P au l M. H unter, Su­
perin tendent, Coahom a County Schools, Coahoma 
County Court House, C larksdale, M ississippi.

“D ear Mr. H unter:
“ I am sure  th a t you recall our previous conversa­

tion in your office June 28 regard ing  a m essage I 
received  from  M rs. G eraldine W hite Negro Super­
v isor of Coahoma County Schools.

“The m essage w as th a t you had  inform ed h e r th a t 
m y contract to teach  in Coahoma County would not



68

be renew ed. This m essage w as received  from  Mrs. 
W hite, June  4, 1962.

“At the tim e of our conversation, I asked  you for 
the reason  given tha t my con tract would not be re ­
newed. You said  the B oard did not give you a reason. 
I am  asking again  if you will be [22] kind enough 
to relay  to me the reason th a t the B oard gave to  you 
for they  m ust have given some reason.

“ In the event the  Board still will not give to you a 
reason , will you please in tercede  in my behalf to 
secure for me a conference w ith the B oard so th a t 
I m ight inquire d irec tly  to them.

“We both” know th a t a req u est for a conference 
w ith the B oard  has once been denied me. I do feel 
how ever, that w ith your assistance a conference can 
be a rran g ed .

“I would appreciate a rep ly  a t your earlies t con­
venience. Thank you.

“Respectfully Yours, Mrs. Noelle M. H enry.”

Q. Did you receive any response to th a t le tte r, 
M rs. H enry?

A. Yes, I did.
Q. W hat w as the n a tu re  of th a t response?
A. Well, the  n a tu re  of th a t response w as a le tte r  

from the Board.
Q. Do you recall the date of th a t le tte r?
A. No. I don’t bu t I have th a t le tte r  here.

Mr. Bell:
I would like to have th is docum ent m arked as 

P la in tif fs  E xhib it No. 3 for Identification.

[23] The Court:
L et it be so m arked .



69

(Said docum ent w as m ark ed  P lain tiff’s E xh ib it 
No. 3 for Identification .)

Mr. M aynard:
We have no objection.

D irect E xam ination  (Continuing)

By Mr. Bell:
Q. I show you th is le tte r m arked  P la in tiff’s E x ­

hibit No. 3 for Identification and ask  if you recognize 
it?

A. Yes, I do.
Q. W hat is this?
A. A le tte r  from  Mr. H unter.
Q. Would you read  it? «---- |
A. (R eading) “The D epartm ent of Education, Coa- 

hom a County, P au l M. H unter, Superintendent, 
C larksdale, M ississippi, Septem ber 12, 1962 to Noelle
M. Henry, 636 Page, C larksdale, M ississippi, from: 
Coahoma County B oard of Education.

“Your reg is te red  le tte r  of A ugust 31, 1962, ad­
d ressed  to the Coahoma County B oard of E ducation  
w as received  and presen ted  to the Board.

“The B oard feels th a t the term s of the contract
i

were fulfilled and th e re  is no need for fu rth e r ne­
gotiations.

V ery tru ly  Yours, P au l M. H unter, S ecre tary , Coa­
homa County B oard of E ducation .”
[241 Q. Did you receive a n y —-further action on 
your contract from  the  Board?

A. I did not.
Q. Mrs. H enry—



70

Mr. Wells:
If it p lease  the Court, th is le tte r w as m arked  for 

identification.

The Court:
All the le tte rs  w ere m arked  for identification. 

Mr. Wells:
I w as inquiring if th a t was going to be offered into 

evidence ?

M r. Bell:
I don’t know, Y our Honor.
If it is read  into the record  and it doesn’t c lu tter 

the record up w ith a lot of records. T hat is one of 
the reasons we didn’t because they  a re  short.

Mr. Wells:
My objection is th is. We have no objection to in tro ­

ducing them  into the record  if it isn ’t  we in tend to 
and—we w ant th a t le tte r  in the record if the Court 
please.

Mr. Bell:
At th is time, Your Honor, p lain tiff would move 

to in troduce Exhibits 1, 2 and 3 th a t have been 
m arked for identification.

The Court:
Let them  be received.

[25] (Said P la in tif fs  E xhib its Nos. 1, 2, and 3 
m arked  for Identification w ere in troduced into E v i­
dence.)



D irect E xam ination  (C ontinuing):

Mr. Bell:
Q. Now, you indicate, M rs. H enry, you have been 

in  the Coahoma County System  for a to ta l of eleven 
y ears  during all of th a t period, do you reca ll ever 
obtaining personal knowledge of any teach e r not 
being h ired  after having  a  recom m endation from  
the P rin cip al and the Supervisor?

A. I don’t  recall.
Q. Now, during the whole period th a t you w ere 

w orking in the system, do you recall ever having 
been disciplined or reprim anded either by your P r in ­
cipal or your Supervisor?

A. No, sir.
Q. H ave you ever received  any assistance—dis­

ciplinary action from your S uperin tendent of Schools?
A. No, I haven’t.
Q. F rom  the B oard?
A. No, I haven’t.
Q. G enerally in your opinion, your relationship  

w ith your fellow teachers has been satisfac to ry?
A. Yes, it has.
Q. A re you m arried , M rs. H enry?
A. Yes.

[26] Q. W hen w ere you m arried?
A. I w as m arried  in 1950.
Q. To whom are  you m arried?
A. To A aron E . H enry.
Q. And, you a re  still living w ith him a t the p resen t 

time?
A. Yes, I am.
Q. W hat is your husband’s occupation?
A. His occupation is pharm acy.



72

Q. Is he a  p h a rm ac is t a t this tim e?
A. Yes.
Q. W here?
A. At C larksdale, M ississippi.
Q. How does he p rac tice  pharm acy?
A. We have a drug  store.
Q. Is he involved in any civic in te rests?
A. Yes, he is.
Q. W hat are they?
A. He is the S tate  P residen t of the N.A.A.C.P.
|Q. D escribe to us w hat the N.A.A.C.P. is?
A. That is a national association  for the advance­

m ent of colored people.
Q. Does your husband own any leadersh ip  posi­

tion in th is organization?
A. ces. He does—He is the  S tate  P residen t.

[27] Q'. State P residen t?
A. T hat is right.
Q. Of w hat?
A. Of the N.A.A.C.P.
Q. I see.
Do you recall approxim ately  how long your husband 

has been involved in the  N.A.A.C.P.?
A. Since 1953, I would say.
Q. Would you be able to indicate the am ount of 

tim e th a t your hu(sband sphnds w ith the vario'ius 
duties of the N .A .A.C.P.?

A. Well, he spends quite a b it of tim e With the
N.A.A.C.P.

Q. A re you a m em ber of the N.A.A.C.P.?
A. Yes, I am .
O. Are you fam ilia r w ith the N. A. A. C. P . as 

far as the investigation  into the school system  is 
concerned?



73

A. Yes, I am.
Q. G enerally , w hat is the policy?
A. The policy is th a t the  N.A.A.C.P. doesn’t mess 

in the  seg rega ted  schools.
Q. Does your husband to your knowledge take  

any action in reg a rd  to seg regated  schools in  the 
Coahom a district?

A. No, he h a sn ’t tak en  any action.
[28] Q. Has he tak en  any action  in reg a rd  to 
seg regated  schools in  the City of C larksdale?

A. No, he h a sn ’t.
Q. Has he as a lead e r of the  N.A.A.C.P. p repared  

any p ro tes t ag ain st the operation of any of the schools 
as they  are  p resen tly  operated?

A. W ell some tim e ago, well perhaps, 1955 or 1956, 
there  w as a petition gotten out asking them  to de­
segregate  the city schools. It has been  perhaps five 
or six y ears  ago.

Q. H as he done anything w ith reg a rd  to the  seg re­
gated  schools since th a t  tim e in his position in the
N.A.A.C.P.?

A. No, he h a sn ’t.
Q. Do you reca ll approx im ate ly  how long you 

have been  tak ing  out m em bership  in the N.A.A.C.P.?
A. Well, perhaps th a t is w hen they  firs t organized. 

P e rh ap s  in  1953 and I took out m em bership every  
y e a r except the te rm  of 1961-1962.

Q. Can you describe how you take  out a m em ber­
ship in the N.A.A.C.P.?

A. Well, sometimes if the Secre tary  will take your 
m em berhip fee. Quite often it is left to you to take 
i t .

Q. How freauen tly  a re  the m em berships requ ired  
to be renew ed?



74

[29] A. Once a year.
Q. A re you active in the N.A.A.C.P.?
A. I would like to answ er th a t th is way. I took 

my m em bership  out a t the time I was teaching school, 
because I had so much school work, my school w ork 
took up all my tim e and I rea lly  didn’t have tim e to 
do any active work in the N.A.A.C.P.

M ost of m y time w as devoted for teach ing  and p re ­
p aring  for my children. I didn’t  have tim e to be ac­
tive in  the  N.A.A.C.P.

Q. You w ere ta lk ing  a little  while back how you 
got your teaching  con tract during  any p a rtic u la r  
y ear. P rio r to actua lly  getting  your contract, w ere  
th e re  any o ther requ irem ents th a t you had  to fill?

A. Yes, there  was.
Q. W hat w ere they?
A. We had  affidavits to file listing  the o rgan iza­

tions th a t we w ere m em bers of.
Q|. Do you recall how long you have had  this re ­

q u irem en t to take  care  of?
A. Well, perhaps since 1956 or 1955 or 1956.
Q. C an you generally  te ll us how you came to 

get the affidav its and w hat you do w ith it?
A. Well, the P rincipal gave us the affidavits and 

(w:d, '[30] w ere to fill them  out and give them  back 
to the  P rincipal. W hen we received our contracts, 
these affidavits w ere a ttach ed  to our contracts.

Q. And did you do th is each y e a r th a t you taught?
A. I did th a t each y e a r  except 1961 and 1962.
Q. Did you list the  N.A.A.C.P. each tim e you 

filed one of these  affidavits?
A. Yes, I did and I listed  each time beginning 

w ith the year we s ta r te d  filing them.
I am not su re  of th a t year, but I did it each  y ear 

and up to the  y e a r 1961 and 1962. I didn’t lis t it th a t



75

time. I d idn’t list it th a t y e a r and m y m em bership  
had  not been renew ed.

I w asn’t a m em ber tha t y ear. It had  not been re ­
newed. The S ecre tary  had failed  to pick up m y mem­
bersh ip  and I d idn’t bother to put it down because 
it h ad n ’t been renewed.

Q. I t  is correct th a t you did not receive a teach ing  
con tract for the 1962-1963 school year?

A. T hat is right.
Q. H ave you received any fu r th e r w ord from  the 

Coahom a County B oard concerning the teaching 
contract in the fu ture?

A. No, I haven’t.
[31] Q .  H ave you received  any fu rth e r word from 
the  Coahom a County B oard concerning the teach ing  
contract in the fu tu re?

A. No, I haven’t.
Q. H ave you been employed during the p ast school 

y e a r as a teacher?
A. Have I been  em ployed as a teacher?
Q. Yes.
A. No, I haven’t.
Q. Ju s t one moment please.
Ju s t a few m ore auestions. Mrs. Henry. Are you 

generally  fam iliar w ith the N.A.A.C.P. program  as 
led by your husband since 1956?

A. S ta te  th a t again, please.
O. Are vou at all fa m i l ia r  w ith  the  nrogram  of 

the N.A.A.C.P. in M ississippi as led by your husband 
since 1956?

A. Yes, I am.
O. D uring this neriod has the N.A.A.C.P. issued 

anv policy statem ents or speeches been made or any­
th ing  of th is n a tu re  in reg ard s  to segregation  in 
schools?



76

Mr. M aynard:
We object. We consider it  not com petent th a t she 

testified  th a t she w as not active in the N.A.A.C.P. 
H er husband certain ly  is not the defendan t—plain ­
tiff in  th is  case.

[32] Mr. Bell:
In  considering if she be fam iliar w ith th a t pro­

gram , she certain ly  is competent.

The Court:
I reserve  ruling.

The W itness:
I am fam iliar w ith  the program .

Direct E x am ina tion  (C ontinuing):

By Mr. Bell:
Q. Is th a t righ t?
A. Yes.
Q. And, I ask  you w hether or not you a re  fam ilia r 

w ith the policy on or positions or speeches th a t have 
been given in reg a rd  to the  segregation of the schools?

A. I am try ing—we have th e ir  help in the various 
program s. We have m entioned segregated  schools.

Q. Let me ask  you, has the  position on the segre­
gated—on segregation  tak en  by the N.A.A.C.P. since 
1955 been  any d ifferen t th an  it  w as in 1955?

A. H as it been any different?
Q. R ight.
A. I am still not following you. I don’t exactly  

know w hat—W ell, in 1955 we m entioned the petition. 
Q. That is correct.



77

A. Well, since 1955 th e re  has been  a suit filed ask­
ing for desegregation  of the schools in ano ther county.

Q. Well has the position of the N.A.A.C.P. as led 
in th a t county by your husband has it been changed? 

A. No, it h a sn ’t.

[33] Mr. Bell:
I th ink  th a t is all, Y our Honor.

The Court:
You m ay cross-exam ine.

Mr. M aynard:
May we tak e  a few m inutes, Your Honor?

The Court:
Do you need a recess?

Mr. M aynard:
We would p re fe r it, Y our Honor.

The Court:
Court is in recess until ten  twenty-five.

(W hereupon the Court recessed a t ten  ten  o’clock 
A. M.)

The Court:
You m ay be seated .

Cross Exam ination.

By Mr. M aynard:
Q. You testified  th a t prior to the tim e th a t your 

la s t contract of employment w ith the Coahoma Coun-



7b

ty  School D istric t expired th a t you had taught e leven  
years?

A. Yes, sir?
Q, 1951 w as one y ear?
A. Yes, sir.

[34] Q. And, served  ten  consecutive years?
A. Yes, sir.
Q. W ere each of the contracts substantially the

sam e not iden tically  the sam e form  excep t for the
form ?

A. W ere they  the sam e form?
Q. Yes.
A. The Contracts?
Q. Yes.
A. Well, yes.
Q. W ere all one year contracts?
A. Yes.
Q. And, did any of them have the provision in  th e re

fo r a renew al?
A. No.
Q. You en tered  in the la s t co n trac t for the  school 

y ear 1961-62?
A. Yes, sir.
Q. And, th a t contract w as properly  executed by 

you?
A. T hat is right?
Q. It w as properly  executed by the  Superin tendent 

of Schools of Coahoma County, M ississippi?
A. Yes, it was.

Mr. M aynard:
I would like to have these  m arked  for identification 

purposes. Your Honor.



79

[35] (Said docum ent w as m arked  D efendant’s E x ­
hibit No. 1 for Identification).

Q. During each y ear of your contract—

Mr. Bell:
May we see it please?

Mr. M aynard:
I am going to show it to you you can look a t  it. 

Cross Exam ination (Continuing):

By M r. M aynard:
Q. D uring each  of the eleven y e a rs  w ith the  Coa­

hom a County School D istric t, or w hatever school dis­
tric t it  w as called, did you fully comply w ith the con­
tra c t?

A. Yes, I did.
Q. Did the  Coahoma or w hatever p a rticu la r school 

d is tric t called fully comply w ith the  contract?
A. Yes, they  did.
Q. And, each time the contract w as renew ed a t 

th is tim e?
A. Yes, sir.

The Court:
J u s t a m inute Mr. M aynard, th is lady  over here  has 

to tak e  i t  down and I  have to h ea r you, so don’t ju s t 
nod your head.

The Court:
Let it be so marked.



80

Q. I  hand  you here  w hat has been m arked  Defend­
a n t’s E xhib it No. 1 for your testim ony  for purposes 
of identification  and ask you if you a re  fam ilia r w ith 
it. W ait a  m inute, th a t  is not the original, excuse me, 
Y our Honor.
[36] I ask you if you a re  fam ilar w ith th a t con­
trac t?

A. Yes, I am.
Q. Did you sign that con tract?
A. Yes, sir, I did.
Q. W as th a t contract likew ise signed by the Super­

in tenden t of Education of Coahoma School D istrict?  
A. Yes, sir.
Q. Does it have a ttach ed  to it any papers?
A. An affidavit.
Q. Signed by w hom ?
A. By me.
Q, Before a N otary  Public?
A. Yes, sir.
Q, And, w hat does th a t affidav it undertake to do? 
A. Well, it listed  the organization of which I am  a 

m em ber.
Q. W hen did th is  con tract D efendan t’s Exhibit No. 

1 for the purposes of Identification, w hen did it  ex­
pire?

A. I t expired  the  end of the school te rm  in 1962. 
Q. W hich would be some tim e?
A. In M ay of 1962.
Q. In M ay of 1962 and the school D is tric t lived up 

to  all the term s of the contract?
A. Yes, they  did.

[3V] Q. Did you comply w ith all yours?!
A. Yes, I did.
Q. We would like to have it, D efendants E xhib it 

No. 1 in troduced into evidence.



81

The Court:
Let it be introduced.

(Said docum ent w as in troduced into Evidence as 
D efendan t’s Exhibit No. 1).

M r. M aynard:
No fu rth e r cross exam ination.

The Court:
Anything on R edirect?

M r. Bell:
No, Your Honor.
As P lain tiff’s next w itness, we call M r. C harles H. 

Ball.

[38] CHARLES H. BALL, the w itness having  been 
duly sworn in th is case, testified  as follows:

Mr. M aynard:
M ay it  p lease the Court, we m ake no point to ca ll 

to the Court’s a tten tion  th a t th is w itness w as in  the 
Courtroom  som etim e during the exam ination  of the 
w itness tha t just proceeded, isn ’t tha t correct?

The W itness:
Yes, th a t is correct.

Mr. Bell:
We didn’t  know it Your Honor.

The Court:
You m ay proceed.



82

Mr. Bell:
W ere th e re  any other w itnesses?

M r. M aynard:
We u n d erstand  th a t L illian Johnson w as the  o ther 

one. We m ake no point. We would advise the  Court.

Mr. Bell:
Sorry, Your Honor. They are unfam iliar w ith  th e  

procedure.

D irect E xam ination .

By M r. Bell:
Q. S tate  your full nam e?
A. Charles H. Ball, J r .
Q. And w here is your residence?
A. My residence a t presen t?

[39] Q. Yes.
A. Lulu E lem en ta ry  School, Lulu, M ississippi.
Q. And, w hat is your race?
A. Negro.
Q. W ere you subpoenaed to be here th is m orning?
A. Yes, I was.
Q. W hat is your occupation?
A. School P rincipal.
Q. And, w ere you previously—Will you briefly  re ­

count your tra in in g  and your educational background?
A. I g rad u a ted  from  Jackson  State Cqllege in 

1954 receiving a B. S. D egree and I did fu rth er study 
tow ards a M. A. D egree a t Jackson  S tate.

Q. Now, w here a re  you teach ing  or w here a re  you 
a P rincipal?



83

A. At Lulu E lem entary  School, Lulu, M ississippi. 
Q. How long have you held th a t position as P rinci- 

pal?
A. I held the position of P rincipal a little m ore 

th an  two y ears.
Q. H ave you been principal a t any other schools 

th an  the Lulu school?
A. Yes, sir.
Q. W here w ere you P rincipal before?

[40] A. McCloud Jr,. High School.
Q. A re both of these schools located  in the Coa­

homa County School D istrict?
A. McCloud doesn’t exist.
Q. It did exist, didn’t  it?
A. I t  did.
Q. W hat did you say?
A. Yes, it was in the same d istric t.
Q. W hat happened to McCloud School?
A. It was consolidated.
Q. And by th a t you m ean  w hat?
A. It m erged  w ith o ther schools in the county.
Q. H ave you any actual teaching experience b e ­

fore serv ing  as a Principal?
A. Yes.
Q. W hen w as th a t?
A. I f irs t s tarted  teach ing  in 1954 for two months 

and then  I w ent into the service and cam e back  in 
1956 and have been in the  profession since.

Q. Are your full time duties now as P rincipal or 
do you have teaching  duties as well?

A. I have teaching duties, I am  a teach ing  Princi-
pal.
[41] Q. When you w ere P rin cip al a t the McCloud 
School, do you reca ll how m any teachers th e re  w ere 
assigned to you?



84

A. There w ere ten  teachers assigned to me w hen 
I becam e Principal of McCloud J r .  H igh School.

Q. Do you recall w hether or not th a t one of the  
teach e rs  assigned  to you w as M rs. Noelle H enry?

A. Yes, I do.
Q. W as she or w as she not a teacher of th a t school 

a t  the  tim e th a t you cam e as a P rincipal?
A. Yes, she w as a teacher w hen I becam e P rin c i­

p a l of the McCloud J r .  H igh School.
Q. Now, as P rincipal is it your duty to partic ipa te  

in  anyw ay in  the determ ination  of w hether teachers  
who a re  assigned  to you during one y e a r  will be re ­
assigned  to you during the next year?

A. As P rincipal, it is m y duty to recom m end them . 
Q. To have a  part in the  determ ination of who a re  

going to be your teach ers  for the following y ear?
A. I said to recom m end the  te ac h e r to w ork a  the  

school.
Q. Yes.
A. T hat is correct.
Q. Now, w hat p a r t  do you play  in th is recom m enda­

tion and how do you—

[42] The Court:
I th ink  it w as his duty to recom m end those for r e ­

em ploym ent and to be em ployed.

Mr. Bell:
I t w asn ’t clear.

The Court:
Isn ’t  th a t w hat you said?

The W itness:
T hat is the s ta tem en t I m ade.



85

D irect E xam ination  (C ontinu ing):

By Mr. Bell:
Q:. Would you describe the p rocedure by which 

these  recom m endations w ere m ade by you?
A. W ell a fte r a teacher had  been  observed  during 

the  y ear, I would go about—I m ean I have the recom ­
m endation conference w ith  the teach er. However, the 
te ac h e r’s w ork has a lread y  been done, and I ju s t 
ta lk  w ith the teach e r and m aybe we come across to 
some of the  work.

How you had done during the  year, how well or how 
poor it had  been  done, then  I go ahead and list the  
teacher to be recom m ended or not to be recom m ended 
on the  basis  of her w ork previously.

Q. D uring w hat p a r t of the  school year does th is 
recom m endation conference tak e  place?

A. I t usually  comes off during the la tte r  p a rt of 
the  school y e a r to m ake  a recom m endation for the 
incoming y ear.
[43] Q. And w hat do you base your recom m enda­
tion on?

The Court:
He h as  a lread v  answ ered  thaft p a rt. It w as based 

on w hat she tau g h t and in the school te rm  his observa­
tion of h e r abilities.

The W itness:
It is based  on the w ork cooperation and ju s t the  

quality of the  teach er.



86

By M r. Bell:
Q. W ell tak in g  one of those a t a tim e, on the a s ­

pect of cooperation w hat does th a t m ean to you w hen 
you a re  judging the  teach e r?

A. In  the  cooperation in our school system , th e re  
a re  a num b er of duties tha t a re  assigned  to the  te ac h ­
e rs  tha t help to prom ote the  school p rogram  th a t 
doesn’t necessarily  take p lace w ith in  the  c lassroom  
such as superv ision  of the  ch ild ren  in the  p layground 
or in  the classroom . O ther supervision in the  bus or 
so fo rth  th a t is the type of th ings, and the  ex tra -c u r­
ricu la r teach ing  w ork w ere to help to prom ote the 
group.

Q. Then by th is  basis  for—by which you can  judge 
your teach e rs , do you have occasion to v isit the c lass­
room from, tim e  to tim e?
[44] A. Yes, as P rin c ip a l we a re  to v isit the c lass­
rooms and we a re  supposed to m ake classroom  v is ita ­
tions and I do.

Q. Now, in m aking these  recom m endations is th e re  
any special form  that you have to use or how do you 
do it?

A. T here is no special form th a t we use. We ju s t 
lis t the te ach e rs  and say  I recom m end the following.

!Q. If th e re  a re  te ach e rs  th a t you do not care  to 
recom m end, are they  listed  or do you m ake a lis t of 
those te ac h e rs  also or not?

A. Yes, separa te ly .
Q. S epara tely?
A. Yes.
Q. Now, you ind ica ted  th a t M rs. Noelle H enry w as 

a teach e r in the system  w hen you cam e. W as the  f irs t 
y e a r w hen you had an opportunity  to pass on h e r as

D irect E xam ination (C ontinuing):



87

a  teach er as fa r  as th is recom m endation is concerned 
the  1960-61 school session?

A. Yes.
Q. You would be passing  on h e r for 1961-62?
A. That is the f irs t y ea r I w orked w ith her. That 

is righ t. I passed  on her nam e on the 1960-61 session.
Q. Can you reca ll w h a t your recom m endation  w as 

in [45] reg a rd  to M rs. H enry  during th a t 1960-61 
school session?

A. Yes, I recom m ended her.
!Q. Do you reca ll w hat your basis  w as for recom­

m ending h e r a t tha t time?
A. The basis w ere the  sam e as for the  o ther te ac h ­

ers on the quality  of the work. I sa id  the sam e thing 
th a t I judged the o ther teach ers  on.

Q. Did you base  or m ake a recom m endation on 
M rs. H enry  on the 1962-63 school session, the one ju s t 
passed?

A. The 1962-63?
Q. L et me ask you this. W ere you during the end 

of the  1961-62 y ear, did you m ake recom m endation 
on M rs. H enry  for the next school y ear?

A. Yes.
Q. W hat w as th a t recom m endation?
A. I recom m ended her.
Q. You recom m ended her.
A. (W itness nods his head .)
IQ. And w hat w as your reason  for recom m ending 

h er a t th a t time?
A. Well, because I felt she had done her w ork and 

[46] she had  cooperated  w ith the school program..
Q. Is it co rrec t th a t you testified  during th is period 

th e re  w ere ten  teach ers  assigned  to you in the  M c­
Cloud School?

A. Yes.



88

Q. Do you recall w hether during  m ak ing  the  record  
of 1962-63 school y ear, w as th e re  any te ac h e r th a t you 
did not recom m end for nex t y ear?

A. Yes.
jQ. Do you reca ll the  num ber of teach ers  who w ere 

not recom m ended?
A. Four.
Q. To your know ledge, a re  any of the teach ers  th a t 

| you did not recom m end, did they  in fac t te ac h  during 
the  1962-63 school y ear?

| A. Yes.

IQ. W hat num b er of the four taugh t?
A. To my knowledge, th ree . I cannot say  about 

the o ther one.

Q. Now, as to the th ree , w hat w as your basis for 
not recom m ending them ?

M r. M aynard:
If it p lease the Court, we object to th is, it is en tire ly  

irre lev an t.

[47} The Court:
W hat is the re lev an cy  of th is?

Mr. Bell:
We have to show the action  taken by the B oard  in 

re g a rd  to the p lain tiff is en tire ly  a rb itra ry  in not keep­
ing w ith the action.

The Court:
This objection is d irected  to  those he did not recom ­

m end.



89

M r. Bell:
T hat is righ t, we w ant to know w iiat happened to tne 

p la in tiff and  also w hat happened to the ones he did 
not recom m end.

The Court:
I understood him  to say he did not recom m end the  

four and th ree  of them  w ere employed.

M r. Bell:
And th a t is co rrect.

The Court:
And you want to know his fa ilu re  to recom m end 

them ?

M r. Bell:
T hat is righ t.

The Court:
W hat re levancy  does th a t have?

Mr. Bell:
Well, we have  him  saying they  had  s tan d a rd s  as 

fa r  as he se t for efficiency and cooperation. I want 
to know w hether he—they had not m et the s tan d a rd s  
of efficiency or cooperation or w hether th e re  had  been 
some o ther reason .

The Court:
All right. I re serv e  ruling. The w itness m ay answ er 

the question.

[48] The W itness:
Would you re p e a t the  question?



90

M r. Bell:
W ould the  re p o rte r  read  the la s t  question?

The Court:
R estate  your question.

Mr. Bell:
As to the  th ree—•

The Court:
As to the four.

Mr. Bell:
The question, Y our Honor, is to the  th ree .

D irect E xam ination  (C ontinu ing):

By M r. Bell:
Q. As to the th ree  you did not recom m end  who you 

u n d ers tan d  a re  teaching—tau g h t or w ere assigned  to 
ano ther school for 1962-63 school y ear, w hat w as the 
basis  for not recom m ending them ?

A. N on-cooperation in  the school program .
Q. Now, as to the fourth  teacher, a re  you—you a re  

not su re  taugh t in the  school y e a r or not, w h a t is your 
basis  of not recom m ending her?

A. E xcessive  ab sen tism  and m o ra l conduct.
Q. Now, is it co rrec t, Noelle H enry w as recom ­

m ended by you for the  1961-62 and also for the 1962-63 
school y ears?

A. Yes.
[49] Q. And it is also co rrect for me to indicate 
th a t you observed various te ac h e rs—



91

Mr. M aynard:
If it  p lease  the  Court, we objection to th is  line of 

question in th a t it is leading  the w itness.

M r. Bell:
I th ink  ju s t going b ack  over his testim ony—

The Court:
I th ink I have p re tty  well in m ind w hat w as said . 

You don’t need to go over the testim ony.

Mr. Bell:
Did you observe that Noelle Henry during that year—

Mr. M aynard:
He a lready  testified  to tha t.

The Court:
He testified  th a t he recom m ended  h e r for the two 

y ea rs  and he only had  to pass for qualifications.

M r. Bell:
All right, Y our Honor.

D irec t E xam ination  (C ontinuing):

By M r. Bell:
Q. Will you briefly  sum m arize your professional 

opinion based on the observation  of Noelle H enry as 
a teacher?

A. Well, as I know h e r as a  teacher, she tau g h t 
h e r c lasses and she did h e r c lass  w ork and she co­
opera ted  [50] in all school drives, she w as asked  to

tf



92

partic ipate  in, and she helped a lot. She helped  on the 
ex tra -cu rricu la r ac tiv ity  organizations.

Q. How would you ra te  h e r as a  te ach e r?
A. I would ra te  h e r am ong the b est th a t w ere a t

M cCloud a t th a t p a rticu la r tim e. ---- J
Q. Now, to your know ledge, w as M rs. H enry—did 

M rs. H enry  receive  a con trac t to teach  for 1962-63 
y ear?

A. Not to my knowledge.
Q. Did she receive  a  co n trac t to—

M r. M aynard:
If it p lease  the C ourt, we object to th is  as rep e ti­

tious.

The Court:
It does seem  to be a b it repetitious. Everybody 

agrees th a t she was not reem ployed. T here is no con­
tro v ersy  about tha t.

M r. M aynard:
C ertain ly  not on our p a rt, Y our Honor.

M r. Bell:
All righ t, Y our Honor.

D irect Exam ination (C ontinu ing):

By Mr. Bell:
|Q. W hen you p rep a red  the lis t of recom m enda­

tions, and I guess the lis t of te ach e rs  you did not 
recom m end, w hat did you do w ith it?

A. I passed it to the  Supervisor.
[51] Q. What does the Supervisor do with the list 
as fa r  as you know?



93

A. I do not know w hat she does w ith the list.
Q. Does she ever have any conferences or d is­

cussions about your action  on the recom m endations 
taken?

A. Yes.
Q. In  your experience, have any of your reco m ­

m endations ever been questioned by the Supervisor?
A. Not to my rem em berance.
Q. How do you le a rn  w hether or not the  teach e rs  

tha t you have recom m ended a re  h ired  by the B oard 
for the ensuing y ear?  How do you get th is inform a­
tion? ■

A. W ell I pass  the  lis t to the Supervisor. If she 
doesn’t inform  me th a t a te ac h e r isn ’t h ired , well, I 
u n d e rs tan d  th a t th a t te ach e r will be h ired . I am usual­
ly inform ed by the  Supervisor.

|Q. How did you receive  the inform ation th a t M rs. 
H enry  would not be re tu rn ed  to your school for the 
1962-63 school y ear?

A. M rs. H enry  talked to m e about it. She ques­
tioned me about it.

Q. And, you h ad n ’t  any p rio r knowledge th a t she 
w asn ’t  going to be h ired  before M rs. H enry  talked to 
you?

A. I had  not a t th a t tim e.
[52] Q. Did you m ake any reason , did you know 
w hat the reasons w ere why she h ad n ’t  be h ired?

A. No, I d idn’t.
O. W ould you briefly—review  the ex tra -cu rricu la r 

activ ities th a t M rs. H enry w as e ither assigned to by 
you or vo lunteered  for?

A. The la s t v e a r th a t she w orked a t McCloud, she 
w as a D en M other for the Cub Scouts w hich w as a 
dutv  assigned to her.



94

She w as the adv iso r of the  Tri Hi-Y Club. She was 
advisor w hen I becam e P rin c ip a l for the school, so 
I don’t know w hether she vo lun teered  or w as assigned. 
She w as S ec re ta ry  of the  P. T. A. which w as a  volun­
ta ry  duty.

Q. In  your opinion, did she perform  these  duties 
in a  sa tisfac to ry  fashion, these  e x tra -c u rric u la r  
duties? ' ~ 5

A. Well, yes, she got re su lts  from  all the clubs she 
w orked w ith.

)Q. F rom  your estim ate , would you say th a t M rs. 
H enry  put in the average  am ount of tim e or m ore 
th an  av erag e , or less th an  average in re g a rd  to these  
ex tra -cu rricu la r activ ities?
[53] A. I w an t to question. Do you m ean the average  
te ac h e r or the av erag e  teacher a t th a t school a t th a t 
time ?

Q. At th a t time.
A. Well, it w as m ore  th an  average .
Q. W hen M rs. H enry  d idn’t  re tu rn  to you, did you 

receive  ano ther teacher?  W as ano ther teach e r a s ­
signed to you in h e r place?

A. I don’t know if she was assigned  in h e r place 
or not. I received  ano ther teach e r. I cannot say  they 
assigned h e r to h e r place.

Q. Why can ’t you say  th a t?
A. Well, I have  no actual proof anym ore th an  any 

teacher th a t comes in.
Q. W as M rs. H enry  teach in g  a p a rtic u la r  grade 

w hen she tau g h t?
A. Yes. !
|Q. W hat one?
A. Third.
Q. W as the new  teach e r teach ing  th a t grade?



95

A. She w as teaching  the first, second and third.. 
She taugh t the  th ird  too.

Q. I take it th is  nex t y e a r you w ere  in a d ifferen t 
school?

A. I w ent back  to the sam e school, but since the
[54] school had  begun to consolidate, a num ber of 
teach ers  w ent to ano ther school. I w as left w ith one 
teach er for the first, second and th ird , th a t is why one 
te ac h e r had  to tak e  th ree  g rades.

Q. W hat is th a t te ach e r’s nam e?
A. G eorgia R ichardson.
Q. A re you fam iliar w ith the teaching experience 

she had  p rio r to coming to you?
A. I am  not fam iliar w ith the  exact amount. I am 

not fam ilar w ith  the ex ac t am ount.
)Q. Can you te ll me how much experience she had?
A. She is a re la tiv e ly  new teacher in the  teach ing  

field.
Q. W ould it be one or—Strike th a t please.

M r. Bell:
We have no fu r th e r questions of th is w itness.

The Court:
You m ay cross exam ine.

Mr. M aynard:
We have no questions, Y our Honor.

The Court:
You m ay stand down.

(W itness excused.)

[55} The Count:
You m ay  call your next w itness.



96

M r. Bell:
We call M rs. G erald ine W hite.

[56] GERALDINE WHITE, the w itness hav ing  been 
duly sw orn in th is  case, testified  as follows:

D irec t E xam ination .

By M r. Bell:
Q. Will you s ta te  your full nam e?
A. My nam e is G eraldine W hite.
Q. And your Residence?
A. M y residence  is 725 F lo rid a  S tree t, iClarksdale, 

M ississippi.
Q. And your race?
A. W hat?
Q. W hat is your race?
A. Negro. I am an  A m erican N egro.
Q. M rs. W hite, w ere  you subpoeanaed to come here  

and testify?
A. Yes, I w as subpoeanaed to appear h e re  th is 

m orning.
Q. All righ t, te ll the Court w h a t your occupation 

is?
A. I am  em ployed as Gen Supervisor of the  N egro 

Schools of Coahoma County, M ississippi.
Q. Now, how long have you held th is position?
A. Since Ju ly  1, 1960.
I w ent as a ss is tan t Supervisor Ju ly  1, 1960 and I 

assum ed full du ties J a n u a ry  1, 1961.
[57] Q. Did you have any previous experience in 
the  field of education  p rio r to th a t tim e?

A. Yes, I served  n ineteen  y e a rs  as Supervisor o£ 
P an o la  School D istrict, M ississippi.



97

jQ. Now, how m any schools a re  you Superv isor of?
A. There a re  ten  schools in the  Coahom a County 

School System.
Q. A pprox im ately  how m any  teachers?
A. We have 161 tha t is including the P rincipals.
Q. Now, a re  these  schools—w hat is the race  of 

the  ch ild ren  who a re  assigned  to th is system ?
A. They a re  A m erican Negro children.
Q!. W hat is the  race?
A. A m erican N egroes.
Q. In your capacity as the Supervisor, have you 

occasion to pass  on the  recom m endations of teachers  
m ade by the P rin c ip a ls  in your schools?

A. Yes, the p rinc ipa ls  b ring  in th e ir recom m enda­
tions and I accep t them .

!Q. How frequen tly  is th is  done?
A. T hat is done each  y ear before school closes.
iQ. I see. A re you fam iliar w ith Mr. C harles Ball?
A. I am.

[58] Q. Is he employed in  the school system ?
A. He is employed in the Coahom a County School 

system .
Q. He is Principal of the Lulu Elementary School?
A. He is P rin c ip a l of the Lulu E lem en tary  School.
Q. H ad he held any position p rio r to th a t?
A. Yes.
;Q. W here?
A. At the  McCloud School a t th a t tim e it w as a J r . 

H igh School.
Q. Are you fam iliar w ith w hether or not teaching 

at the McCloud School, there was a Mrs. Noelle, Henry?
A. Yes.
Q. Do you reca ll w hether or not she w as teaching 

in th a t school w hen you cam e into the system ?



98

A. She w as teaching  then, w hen I came in to the  
C oahom a County System .

Q. Do you reca ll w hether or not the P rincipal, Mr. 
Ball, had  M rs. H enry among those he lis ted  for recom ­
m endation?

A. Yes.
Q. D uring each  tim e?
A. Yes, h e r nam e w as on the  list.
IQ. Did you ever question any of the recom m enda­

tions based  by Mr. Ball?
[59] A. No, I do not question the  recom m enda­

tions because  the P rincipal d iscussed  w hat they  a re  
going to do.

Q. D iscussed  w ith you and w ith the te ac h e rs  and 
w ith—

A. W ith the teachers  and w ith  me.
Q. And, w hen they  b ring  in th e ir  recom m endations, 

they  have b rought it  in?
A. Yes.
Q. Do you have personal knowledge as to the qua l­

ity  of teach ing  perfo rm ance of M rs. Noelle H enry?
A. Well, I observed h e r w hen I would go to the 

school and alw ays found h e r c lasses very  in te resting  
and I would go in and sit and lis ten  to how she would 
teach  and how the  children would respond and thought 
it w as v e ry  qu ie t in h e r room and I thought she kep t 
a very  good classroom .

Q. A re you fam iliar w ith h e r partic ipation  in th e  
e x tra  cu rricu la r school activ ities?

A. Yes, I  am.
Q. W hat is your im pression of h e r perform ance?
A. I thought she w as very  good.
She w orked w ith the  T ri Hi-Y and th a t always w as 

v e ry  good. The young people resp ec ted  h e r ve ry  much,



99

and w hen they  had  to ra ise  th e ir  finances, they  a l­
ways cam e up very  well w ith th e ir  finances.
[60] Q. H ave you ever received  any rep o rts  from  
the P rin c ip a l of d iscip linary  action  th a t he had  to take  
ag a in s t M rs. H enry?

A. No.
Q. H ave you ever had  to tak e  such action?
A. No.
Q, Now, w hen the  P rincipal, Mr. Ball, recom ­

m ended  M rs. H enry for the 1962-63 school year, w hat 
did you do w ith th is  lis t of recom m endations th a t con- 

: ta ined  h e r nam e?
A. We tu rn ed  these  recom m endations—I tu rned  

j th em  into the  S uperin tenden t and he brings them  to 
m e and I tu rn  them  into the  Superintendent.------- _____

'Q. W hat w as the  next action th a t you h ea rd  had 
been  tak en  in re g a rd  to the  recom m endations of Mr. 
Ball th a t M rs. H enry  be given a new  con trac t for 

\ 1962-63 school y ear?
A. Well, the  Superin tenden t inform ed me th a t the  

Board did not see fit to renew  M rs. H enry’s con tract. 
Q. On w hat occasion w ere you inform ed of this? 
A. I don’t rem em ber the  ex ac t date. Well, it  w as 

som etim e in the  la tte r  p a r t of—around the  la s t of 
May, I believe.

Now. I don’t rem em ber the  ex ac t date. I w ent in for 
a conference and he told me th a t the B oard [61] 
did not see fit to renew  M rs. H enry’s con tract.

Q. Did he indicate why the B oard  did not see fit 
to renew  h e r con trac t?

A. No, he d idn’t.
O. W hat did you do w ith  th is inform ation?
A. He asked me to inform  M rs. H enry.
O. Did you do th a t?



100

A. He w as my superv iso r and I do w h a t he says. 
Q. And, did M rs. H enry  m ake any req u est of you 

in re g a rd  to the co n trac t a t th a t  point?
A. No, I don’t—she d idn’t, no, she d idn’t  m ake  any 

req u est to me for a co n trac t because I had  no au ­
th o rity  to give a con tract.

Q. W ould you explain  to the Court w hether or not 
you had  any reactions or feelings w hen you lea rn ed  
th a t the con tract of M rs. H enry had  been—had  not 
been renew ed?

M r. W ells:
We object to th a t as being com pletely irre le v a n t 

and im m aterial.

The Court:
O bjection is sustained.

M r. Bell:
Ju s t one second, Your Honor.

r~~
[62] D irec t E xam ination  (Continuing):

By Mr. Bell:
Q:. Now, you indicated, M rs. W hite, i t  w as 1962-63 

school y e a r  M r. B all had  recom m ended th a t M rs. 
H enry  be reh ired , w ere th e re  any te ach e rs  th a t Mr. 
Ball did not recom m end for reh iring  for the  y e a r 
1962-63 if you rem em ber?

A. T here was one person. One person  w as not re ­
h ired  at th a t p a rtic u la r  school.

Q. Can you rem em b er w hether she w as recom ­
m ended by M r. Ball?

A. No, she w asn’t.
Q. Do you recall why she w as no t reh ired ?



101

A, Yes, I do.
Q. W hat w as the reason?
A. The reaso n  w as she—well, h e r conduct.

M r. W ells:
If the Court please, we a re  going to object to th is 

line of question. The question w as, “Will you give the 
reason  for w hich she was not re h ire d ? ”

M r. Bell:
If th a t  w as the  form, I am  so rry . I w anted to know; 

why she w as not recom m ended by the P rincipal.

The Court:
T hat w as the form.

Mr. Bell:
We w ant to know why the P rin cip al did not recom ­

m end her.

[63] The Court:
I th ink  th a t the objections is w ell taken . I th ink  it 

was in—fa irly  well in  the reco rd  and the W itness 
Ball who w as not re—idiat W itness Ball did not re c ­
om m end the  teach er to be reh ired  for im m oral con­
duct or im proper conduct.

Mr. Bell:
Then let me ask this question to clear it up Your 

Honor.



102

Mr. Wells:
Q. Did you concur in the action tak en  by the P rin c i­

p a l in reg ard s  to these  four persons not being recom ­
m ended? ;

Mr. Wells:
We object to th a t because the duties of a  Supervisor 

do not include the recom m ending or h iring  or not 
h iring of a  teacher in  th is  system .

M r. Bell:
She h as  a lread y  testified  th a t she does in fac t sit 

down w ith the  P rin c ip a l a t the tim e they  p rep a re  the 
recom m endations and rev iew  w ith them  the action 
they  tak e  and come to som e agreem ent on it.

The Court:
And she has not in h e r S upervisory  capacity  reasons 

for employing or te rm ination  of em ploym ent and she 
has testified  in  addition to th a t. The objections a re  
th e re fo re  w ell taken .

[64] Mr. Bell:
The s ta tu te  m ay not give h e r—

The Court:
I have ru led  on the objections.

M r. Bell:
All righ t, Y our Honor.

D irect E xam ination  (C ontinu ing):



103

By Mr. Bell:
Q. As the Supervisor of the Negro Schools, do you 

know w hether or not any of the  te ach e rs  who w ere 
not recom m ended by M r. Ball w ere assigned  to o ther 
schools in  the  system ?

A. Yes.
Q. How m any of such teachers?
A. I believe it w as—I th ink  it w as four. I don’t  

know. I th ink  it w as four.
| ”  Q. In your experience as the Negro Supervisor, do 
| you reca ll any o ther teach er v/ho w as recom m ended 

by the P rincipal to be h ired  which recom m endation  
| you passed  on to the S uperin tenden t in which the 

te ach e rs  recom m ended w ere not reh ired?  
j A. Would you re s ta te  th a t again?

Q. In your experience w ere there  any o ther teach- 
I e rs  who w ere recom m ended by the  Principals to be  
! reh ired  who w ere  not reh ired  by the Superintendent 
1 and the B eard?
1 [65] A ..  Well, I don’t recall any others.

Q. Ask—Ju st a m om ent, please.
I will ask  you a few  m ore  questions. There is some 

confusion.
Can you explain  as to th ese  te ach e rs  who M r. B all 

did not recom m end w hether or not w hat he did w as 
to recommend th a t they  not be re tu rn ed  to his school 
or w hether he recom m ended they  not be re tu rn ed  to 
the system ?

A. Coahom a opera tes a school system . A teacher 
in the system may be assigned to any other school. 
P ossib ly  if she doesn’t  ge t along w ith the P rincipal 
here, he doesn’t m ean th a t the  person  be fired, he

D irect E xam ination (C ontinu ing):



104

m ay be tra n s fe rre d  to ano ther school w here  he gets 
to w ork under ano ther P rincipal and gets along well 
there  and not do well in  here , so we w ork on the 
system  basis.

Q. As to these people he did not recom m end to 
be re tu rn ed  to  his school under the policy of the Coa­
hom a B oard, they  would be assigned to ano ther school, 
is th a t  correct?

A. Yes.
Q. And is it also co rrec t—

[66] The Court:
I understood h im  to testify  that he recom m ended 

th a t four of them  not be re-em ployed. I understood 
the w itness Ball to so testify .

Mr. Bell:
Well, I had  a so rt of m ixed situation of the recom ­

m endations he made.

The Court:
I am not su re  she m ade ev id en tia l knowledge c lear 

on this. Let m e ask  her.
Do you know w hether in fact th a t these  fo rm s w ere, 

to be term ina ted  or be recom m ended they  be tra n s ­
ferred?

The W itness:
He recom m ended th a t these  people be tra n s fe rre d  

to ano ther school. W hen—they  w ere giving him a lot 
of troub le  in th a t p a rticu la r school and th a t was his 
recom m endation.



105

The Court:
In  o ther words, th is recom m endation  to one w as 

m ade because of im m oral conduct?

The W itness:
T h a t is righ t.

The Court:
Did he recom m end th a t te ach e r be tran sfe rred ?
A. No, he did not. T here w ere o ther teachers , I 

believe, th e re  w ere four of them . I th ink four of them  
who w ere  recom m ended . He ju s t d idn’t  w an t th em  to 
w ork w ith them, to w ork w ith him, M r. Ball.

The Court:
I understand .

[67] The Witness]:
Of course a person w ith im m oral conduct w as not 

considered in the system .

The Court:
You th ink  one for te rm ination  and about four as you 

recall for tran sfe r?

The W itness:
T hat is right.

Mr. Bell:
All righ t I th ink  we have no fu r th e r questions of th is 

w itness.

The Court:
Any cross exam ination?



106

By Mr. M aynard:
Q. How long have you been Supervisor of the  

Colored Schools?

The Court:
She testified  since the firs t of July , 1960. She had  

been  w ith  the system , been  Supervisor since the f irs t 
of Jan u ary , 1961.

M r. M aynard:
We didn’t  h e a r tha t, Y our Honor. Thank you.

The Court:
You m ay  stand  down.

(W itness is excused.)

You m ay call your nex t w itness.

Mr. Bell:
We call M rs. L illian R ogers Johnson.

Cross Exam ination.



107

[68] LILLIAN (ROGERS JOHNSON, the  w itness 
hav ing  been  duly sw orn in th is  case, testified  as fol­
lows:

D irect Exam ination.

By Mr. Bell:
Q, Would you state  your full nam e to the Court?
A. L illian Rogers Johnson.
Q. M rs. Johnson, w hat is your residence?
A. 519 F lo rid a  Avenue, C larksdale, M ississippi.
Q1. And will you s ta te  your race  please?
A. Will I state  w hat?
Q. W hat race a re  you?
A. W hat race?
Q. W hat is your race?
A. Oh, I am Negro.
Q. W hat is your occupation a t the p resen t tim e?
A. I am re tired .
Q. W hat?
A. R etired .
Q. P rio r  to your re tirem en t, w hat w as your oc­

cupation?
A. I was Supervisor of schools in the Coahom a 

County, M ississippi.
, jQj. How long did you hold th a t position?
[691 A. Nine y ears  and four m onths.

Q, Do you have any  previous teaching  experience 
before th a t?

A. I w as Supervisor in Sunflower County p rio r to 
th a t tim e  for tw elve y ears  and T w as classroom te ac h ­
e r for ten  y ears , then  I had  one y e a r of experience 
betw een the Supervisory  w ork a t Sunflow er and Coa­
homa County when I w as on the faculty  of R uss Col­
lege.



108

Q. Then you have a to ta l of how much teaching 
■experience w ith the experience in the  educational 
field?

A. Classroom w ork plus Supervisory  work?
Q. T hat is right.
A. Forty-one and half years..
Q, W hen did you ind ica te  th a t you re tired ?
A. Jan u a ry  1, 1961.
Q. Now, do you reca ll w hether or not while se rv ­

ing as S upervisor in the Coahoma County schools you 
played any p a rt in recom m ending teachers  to be re ­
h ired  from  y ear to y ear?

A. Well, I would say  indirectly  not exactly recom ­
m ending them . The P rincipals  recom m ended them , 
the P rin c ip a ls  [70] recom m ended them . I only served  
as a c learing  house to the S uperin tenden t’s office. I 
review ed all the recom m endations and then  passed  
them  to the  S uperin tenden t of Education.

Q. Do you recall an individual nam ed C harles 
B all?

A. Yes, I do.
Q. W as he employed in the  Coahom a County Sys­

tem?
K .  Yes, he was.
O. In w hat capacity?
A. He was Vice P rin cip al of the  Lulu School and. 

then he w as asked  to  go to the McCloud School as 
P rincipal because we lost a P rincipal th e re  and we 
didn’t have tim e to find ano ther and we ask  him to 
go to th is school a s  P rincipal.

O. At th is McCloud School, do vou reca ll w hether 
th e re  w as a teacher by the nam e of Noelle H enry?

A. Yes.
Q. Do you w hen she cam e in th is  system ?



109

A. Novem ber of 1950.
Q. D uring the tim e th a t you w ere Supervisor and 

during  the tim e that M rs. H enry  w as teach ing  in  the  
Coahoma School, did you ever have an  opportunity  to 
observe her in the classroom?
[71] A. Yes.

»mi««aasSi9!8S»
Q. W hat w as your opinion as to h e r teach ing  capa- 

abilities?
A. According to our evaluation  of te ach e rs  and 

evaluation  of teaching experts  we thought she w as 
one of the best not only in Coahoma County but in the  
S ta te  of M ississippi.

Q. A re you fam iliar a t all w ith  h e r ex tra -cu rricu la r 
activ ity  or w hether or not M rs. H enry p artic ip a ted  
in the ex tra-cu rricu lar activ ities?

A. Yes.
Q. Did you have an opportunity—opinion as to the 

quality  of her perform ance in these ex tra -cu rricu la r 
activ ities?

A. Well, she w as one of the best. She w as one of 
the  adv isors of Tri Hi-Y Club and during th a t tim e  
w hen they  had  to have funds to operate and to go to 
m eetings, she w ith her Tri Hi-Yers ra ised  money in 
various ways. One way w as th a t they had  a farm . 
They had  a little  patch th a t one of the w hite neighbors 
let them  use. I believe it w as a w hite neighbor.

T hat w ay they; ra ised  corn  and peanuts and bu tter- 
beans and sold them  to the people in the [72] com­
m unity and so forth  for raising m oney to tak e  these 
young people to the T ri Hi-Y conference.

Q. W ere th ey  all a fte r school activ ities?
A. Yes, it w as in the sum m er when they  had the 

crop.
Q. Do you reca ll who w as the S uperin tendent w hen 

Mrs. H enry came into the system ?



110

A. Mr. L. L. Bryson.
Q. Do you reca ll how long Mr. B ryson w as in the 

school system ? , ;
A. Mr. B ryson served , I believe, tw elve y ears .
Q. Do you recall who w as in the school system  a t 

the end of tha t period of the  school period?
A. At the end of Mr. B ryson’s term , P au l H unter.
Q. P au l H unter?
A. He w as sw orn in Ju ly  1, 1960.
Q. Now, did M rs. H enry receive  recom m enda­

tions to be reh ired  by the P rincipal under whom she 
w orked during each  of the y ears  she w as signed while 
vou w ere Supervisor?

A. Yes.
Q. Did you ever have any opportunity  or reason  

to discipline or rep rim an d  Mrs. H enry yourself du r­
ing th is  period?
[73] A. Well, th e re  w as no need to rep rim and  her.

Q. Do you recall any P rincipals  under which she 
w orked while you w ere Supervisor rep rim and ing  or 
d isciplining her?

A. Well, I don’t know about th a t. They never re ­
ported  any.

Q. Do you reca ll th e re  w as any difficulty in getting  
M rs. H enry recom m ended by the school S uperin tend­
ent to be reh ired  for any p a rtic u la r  y ear?

A. No, th e re  w as a question. A question came up 
reg a rd in g  her con trac t for two different times, but 
she w as given a contract.

Q. Will you te ll us w hat the firs t occasion w as when 
th e re  w as any difficulty?

A. The firs t occasion w as when the S uperin tendent 
said  to m e. asked  ra th e r—



I ll

Mr. Wells:
If the Court p lease, w hat S uperin tendent is she re ­

ferring  to?

The W itness:
Mr. L. L. Bryson. I am sorry.

M r. W ells:
Objections to the m atte rs . Mr. B ryson is not a 

p a r ty  to th is law  suit.

[74] The Court:
I re se rv e  ruling. The w itness m ay answ er.

D irec t E x am ina tion  (Continuing):

By M r. Bell:
Q. Would you indicate in addition, w hat y ear th is 

was w hen th is problem  cam e up?
A. I th ink  it  w as 1956.

g  O'. I see. Now w ill you describe w hat the  nature  
/ of the  problem w as? j
/ A. Well, in 1956 the leg islatu re  in M ississippi 

j  passed  a law  requ iring  all teach ers  to fill out affi- 
I davits to file these b lanks listing  all the organizations j  

to w hich they  belonged or to which they contributed 
and these  b lanks had  to be notorized and so th is blank 
from th is teacher had h e r organizations listed and 
Mr. Bryson who w as Superin tenden t of E ducation  a t 

j th a t tim e—ju s t about th a t tim e a petition  w ent to the  
School Board or City of Clarksdale for integration 
and Mr. B ryson called me and asked  m e if any of the 
w ives of the  m en who signed that petition  w ere teach­
ing in th a t county school system , and I told him, 
th ree .



112

He asked  who they  w ere and I  told him  th e ir [75] 
nam es.

Q. W as one of these  nam es M rs. H enry?
A. Yes, the nex t m orning he cam e down and said  

you reported  on the telephone th a t th ree  w ives of the 
m en  who signed the petition  a re  teach e rs  in  the  coun­
ty, and I said, yes. He said  I had  a call about it  and 

; I don’t know about it about th e ir being h ired  and I 
said, Well, Mr. Bryson, you a re  the Superin tenden t 
of Education  and it is your responsib ility  to m ake a 

i decision, bu t as a  w orked in the county w ho’s tried  
to be loyal to the  system , I fe lt I should advise you 

- and I said, If I w as in  your place, I would not take  
j any steps for th ree  reasons.

The first, all th ree  a re  good teachers . The second,
I don’t  feel they ought to be held responsible for what 
th e ir  husbands have done, and the th ird  reason, th a t 
they  have contracts signed by you and if they  a re  
dropped, they  would go to Court and I feel a law  su it 
would do m ore h a rm  for us and these te ach e rs  who
are  good teachers  than  to go om -........

' .... lie  ju s t sa t th e re  for a while and then  he left the of- \
fice. \
[76] Q. Well, did you ind ica te  th a t he w as con- l 
sidering not reh iring  these  teachers?

A. T hat is w hat he m ean t the  f irs t tim e tha t w as 
w hen th is  petition  w ent in.

The second tim e, I had  been  aw ay on vacation  and 
w hen I cam e back the contracts w ere  not signed. j 
He said  he would come down and ta lk  to m e about 
th is  teacher, M rs. H enry’s con tract. He thought we 
b e tte r give it a clause in th e re  th a t this teach e r can 
be given two w eeks notice for any cause.

1



113

Q. Now, a t th a t tim e the  con tract w as w aiting  to 
be signed, w as the affidav it th a t you described at­
tached  on the back?

A. The affidav it—the leg is la tu re  passed a law  th a t 
it  w as m an d ato ry  th a t the affidavit be a ttached . It 
w as ag a in st the law  for the S uperin tendent even to 
sign a con tract unless the a ffidav it was attached.

Q. Do you recall w hether or not the affidavit which 
was a ttached  to M rs. H enry’s contract lis ted  the 
N .A.A.C.P. as one of the  o rganizations in which she 
is a m em ber?

A. Yes, she had  listed  the N.A.A.C.P. and when he 
m entioned th is clause, I said  again, you a re  the Super­
in tenden t of E ducation  and it is your responsib ility  
to make a decision, but I feel th a t if you th ink  you 
have  [77] put in a clause like tha t in h e r contract, 
it  would be best to put it in  the  co n trac ts  of all the 
teach ers  in the county.

Q. And, w hat action w as finally  taken in reg a rd  
to the clause?

A. Well, he sit down th e re  and ju s t looked into 
space and he took the pin and signed the contracts.

Q. W ithout the clause?
A. W ithout the  clause.
Q. W ithout the special clause?
A. Oh, yes. There w asn ’t any clause. He said it 

1 m ig h t be be tte r, be wise to put one in th e re  and I 
|  said  to him, if you feel you should p u t it in h e r con- 
! tra c t, I feel it would be be tte r to pu t it in all the con- 
I trac ts  of all the te ach e rs  of the county and then, he

sit th e re  awhile an d got u p .iUld l e f t ,___
'‘̂ ^ ^ P ^ B u r m g  "the tim e” w hile you w ere Supervisor, did 

you have occasion to review  the affidavits th a t w ere 
subm itted by the P rincipals th a t had  been p rep a red  
by the teachers?

3



114

(s
\

A. Yes.
Q. Do you recall w hether th e re  w ere o ther indi­

viduals who listed  the N.A.A.C.P. as an  organization  
to which they  belonged?
[78] A. I rem em ber th e re  w ere two ;o r th rde . I 
am not positive if it w as one or th ree . There w ere a 
few I suppose and I could say  few in  re g a rd s  to two.

Two said  they  w ere form erly m em bers of the 
N.A.A.C.P.

jQ. I see. Did anyone else o ther th an  M rs. H enry 
ind icate  th a t they  w ere previously m em bers of the 
N.A.A.C.P.

A ...
W ere th e re  any other difficulties during  the 

period th a t you w ere N egro Supervisor in  getting  
M rs. H enry’s con tract signed by the Superin tendent?

A. No, the last con trac t th a t she had  signed w hen 
I w as working she had  m entioned th a t she was a 
m em ber of the N.A.A.C.P.

W hen Mr. H unter, Mr. P au l H unter rev iew ed the 
affidav it th e re  w as som e discussion about h e r being 
a m em ber of the N.A.A.C.P., and I told him she w as 
a good teach e r and I said a fte r all, it is your decision 
to m ake and he d idn’t say  anym ore.

T here w asn’t m uch of a discussion about it a t th a t  
time and th a t w as my la s t year w orking [79] in 
th is school.

Q. W hat w as your la s t y ear?
1959-60, I re tired  Ja n u a ry  1, 1961.

"Q. D uring the y e a rs  that you w ere N egro Super­
v isor do you reca ll any in stances w here a teacher 
w as recom m ended by the P rincipal to be re tu rn ed  
the next y e a r and not h ired  by the S uperin tendent 
and the  B oard?



; A. N o.
Q. Do you reca ll any instances w here the  P rinci­

pal did not recom m end any te ach e r not to be re tu rn ed  
to th e ir school for one reason or other?

A. Yes, th e re  w ere some suggestions from  some 
of the  P rincipals th a t they  p re fe rred  having som eone 
else.

In o ther w ords, there  m ight have been personality  
c lashes. We th en  recom m ended th a t the  teach er to 
the S uperin tendent, th a t th a t te ach e r be tra n s fe rre d  
to ano ther school.

B ecause I recognized th a t a te ach e r m ay be a failure 
under one P rincipal and she is ap t to becom e a  good 
teacher under someone else.
[80] I feel th a t one of my obligations w as to help 
to develop some of the  te ach e rs  th a t w ere tran sfe rred  
like th a t.

Q. W ere these recom m endations tha t the teach e rs  
be sent to ano ther school generally  by seen  by the 
S uperin tendent?

A. Yes, I m ade him  un d ers tan d  th a t th is w as not 
serious and there  w as no reason  th a t she could not 
w ork a t another school.

I believe th a t they  did succeed in other places es­
tab lished  his confidence and the recom m endations 
w ere accepted.

Q. Ju s t one m om ent please, I th ink  we have ju s t 
one m om ent p lease.

Mr. Bell:
No fu rth er questions.

The Court:
You m ay  cross exam ine.



lib*

Cross E xam ination .

By Mr. M aynard:
Q. You s ta ted  th a t you w ere S upervisor of the 

Colored School in 1956?
A. Yes, sir.
Q. And I believe you said th a t they had  to sign 

the affidav its  under the s ta te  law s listing  the  various 
organizations?

A. T hat is right.
[81] Q. And, you likew ise s ta ted , did you not, th e re  
w as some question th a t arose  to the p lain tiff’s recom­
m endation because of being a m em ber of the 
N .A .A .C.P.?

A. Yes.
Q. Did she sign the affidavit?
A. Yes.
Q. Did she lis t as belonging during that period 

of 1957 and 1958 up to 1959.
A. She signed o ther affidavits w ith reference to 

the o rganizations to which she belonged.
Q. O ther affidavits?
A. O ther affidavits.
Q. And on all those did she lis t the N.A.A.C.P.?
A. She did.
Q. And, firs t the B oard of E ducation  and next Mr. 

Bryson and Mr. H unter knew all th a t tim e from  up 
to 1956 up to the tim e h e r con trac t w as not renew ed 
in 1962 tha t she was adm itted  a m em ber of the 
N .A .A .C.P.?

A. T hat is right. T hat is according—
Q. Ju s t answ er the question.
And at no tim e, did the S uperin tendent or the  B oard 

of E ducation  refuse to renew  h e r contract?



117

[82] A. I don’t  know about the B oard bu t the 
Superin tenden t did not. I s ta ted  a question cam e up 
about the reh iring  of h e r and w hen I m ade the sug­
gestion—

Q. I don’t w ant you to go on, ju s t answ er the ques­
tions.

W as her con tract renew ed?

M r. Bell:
Y our Honor, we—

The Court:
She was volunteering an answ er.

Mr. Bell:
I th ink she w anted  to answ er yes or no.

Mr. M aynard:
Well, she can say  yes or no. If Your Honor w ants 

her to explain, he will ask  h e r to.

Cross Exam ination (C ontinuing):

By Mr. M aynard:
Q. W ere the co n trac ts  renew ed betw een the Coa­

homa County System  and Mrs. H enry for teach ing  
during the y ears  1957-58, 1958-59, 1959-60, 1960-61 and 
1961-62, th a t is correct, isn ’t it?

A. I don’t know about 1961-62.
Q. 1959-60 w as the la s t year?
A. Yes.
Q. And despite som e of the questions th a t arose, 

those con tracts w ere executed?
A. Yes.



fO
118

[83] Q. O ne’̂ executed by Mr. B ryson and one by 
Mr. H unter?

A. One w as executed by Mr. H unter during m y 
term .

Q. It was advised th a t the p lain tiff was a m em ber 
of the N.A.A.C.P. and d iscussed w ith you?

A. Yes, and—
Q. Would you ju s t answ er the question.

The W itness:
M ay I explain.

The Court:
Go ahead .

The W itness:
There w as a discussion about it because she had  

listed  the N.A.A.C.P. on th is affidavit th a t w as a t­
tached  to her contract.

She was a m em ber of several organizations, so the 
a ffidav it d idn’t hold all the  o rganizations and she put 
a t the bottom “ over” and on the back  of th a t affidav it 
w as th is N.A.A.C.P.

W hen M r. H unter saw th a t he m ade some re m a rk  
lile, “Oh, my goodness,” because th e re  had  been  a 
question about h e r belonging to the N.A.A.C.P., and 
w hen he saw  th is on there , I m ade the  s ta tem e n t to 
him, th a t I m ade to Mr. Bryson. I said, “She w as not 
doing any w ork—she w asn ’t bringing  the N.A.A.C.P.
[84] in to  her school w ork and she w as a good teach ­
e r and I didn’t th ink he should drop her.

Q. Did he sign the  contract?
A. Yes.



119

Q. And the  B oard  of E duca tion  approved the  con­
trac t?

A. I guess they  did. I n ev er did m eet the B oard. 
IQ. Excuse me, Y our Honor.
D uring your whole tim e  as Superviseor, do you know 

of any incidents w here  any teach ers  or principal was 
not re-em ployed because of activ ities w ith in  the! 
N .A .A .C.P.?

A. No

Mr. M aynard:
No fu r th e r questions.

The Court:
Any fu r th e r questions on red irect?

M r. Bell:
I am sorry , I m issed the la s t answ er.

The Court:
He asked did anyone p rincipal or te ach e r been 

te rm ina ted  because  of the activ ities w ith  the 
N.A.A.C.P?

Mr. Bell:
I am  sorry . We object to th a t She certa in ly  wouldn’t  

know w hat the Board did. We object to it. It is limited 
to h e r knowledge.

The Court:
I re se rv e  ru ling  on the objection.



120

[85;] The W itness:
I don’t know. I don’t know w h at I answ ered to the 

question, bu t th e re  w as a m ortify ing situa tion  th e re ; 
th a t  needed to be brought out.

I don’t  know. I would like to be advised.

Mr. Bell:
J u s t one second, p lease  m a’am.
I th ink  we have no fu r th e r questions.

The Court:
A nything fu rth e r w ith th is w itness?

M r. M aynard:
No, sir, Y our Honor.

The Court:
You m ay s tan d  down.

(W itness excused.)

You m ay call your nex t w itness p lease.

M r. Bell:
M ay we have ju s t a few m inutes, Your Honor?

The Court:
All righ t.

Mr. Bell:
I am  a little  concerned  about the s ta te  of the record  

on the point th a t Mr. Ball testified  to. As to w hat he 
w as recom m ending as fa r  as these  te ach e rs  a re  con­
cerned.



121

He did not recom m end them  to be re tu rn ed  to his 
school, and  I th ink  it w as c larified  by M rs. W hite 
[86] who ind ica ted  to one—that one person, he 
recom m ended th a t the person  not be re tu rn ed  to the] 
school system , w hile th re e —

The Court:
H er recollection w as four.

M r. M aynard:
F o u r not recom m ended.

The Court:
Four not to be recom m ended to the school and one 

not to be recom m ended because of im m oral conduct 
th a t w as h e r testim ony  as I understood it.

Mr. Bell:
W hile M r. Ball recom m ended th e re  w ere four and 

th ree  he did not recom m end, th ree  of them  w ere as­
signed to ano ther school and it is my understand ing  
th a t is w hat actually happened  th e re  w ith the four 
teachers .

He did not recom m end four of them . One of them, 
w as he had  a  reco rd  because  of im m oral conduct—• 
not to be re tu rn ed  to the system  and th ree  because 
of the problem s he w as having w ith  them . They w ere  
assigned to ano ther school as he recom m ended.

And, because th e re  w as little—a little  conflict in 
th is record, I th ink it will be n ecessa ry  to b rin g  M r. 
Ball back  and get th is s tra ig h ten ed  out [87] unless 
M rs. W hite’s version  as fa r  as the recom m endations 
a re  concerned w asn ’t accura te .



122

The Court:
If you would like to reca ll the W itness Ball, and 

if th e re  is any questions in  your m inds, reca ll him 
and get it c leared  up.

Mr. Bell:
All righ t. We recall Mr. Ball.

[88] CHARLES H. BALL ..(Recalled.)

The w itness resum es the stand.

The Court:
Let me see if I can ’t get the m a tte r  c leared .
You testified  th a t you h ad  uniform ly  declared  w hen 

you w ere called  to recom m end the teach ers  for em­
ploym ent or not th a t  you h ad  uniform ly recom m ended 
them  for re-em ployent w ith the  exception of four?

The W itness:
Yes, sir, I did.

The Court:
And, as I understood, you said  you did not recom ­

m end four?

The W itness:
Now, th is exception—

The Court: !
W ait a m inute. We will get to tha t.
You did not recom m end them ?



123

The W itness:
I did not recom m end four.

The Court:
W hat did you recom m end about them ?

The W itness:
I recom m ended th a t they  be tra n s fe rre d  to another 

school.

The Court:
All four of them?

The W itness:
Yes, sir.

[89] The Court:
Even the one you said  w as guilty of im m oral con­

duct?

The W itness:
I recom m ended she be tra n s fe rre d  from  the McCloud 

School.
I d idn’t m ake any type of recom m endation as to 

w here she should go to work.

The Court:
If you’d like to ask  questions, you m ay do so, Mr. 

Bell. !

Mr. Brown:
Pardon  me, Y our Honor, m ay  I have your indul­

gence please?



The Court: 
All right.

124

Mr. Bell:
As to these four te ac h e rs  th a t you recom m ended 

not be re tu rn ed  to your school, w ere any of the  four 
assigned  back to your school?

The W itness:
No.

The Court: ,
About these  four you testified  one w as not re-em ­

ployed and th ree  w ere assigned  to ano ther school?

The W itness:
T hat is right.

The Court:
Now, a re  we all c lea r on th a t?

Mr. Bell:
I hope so, Y our Honor?

The Court:
A nything fu rth e r w ith th is w itness?

[90] Mr. Bell:
I th ink not, Your Honor.

The Court:
F o r the D efendant’s side?

M r. M aynard:
No, Y our Honor, we have none.



125

The Court:
You m ay s tan d  down.

(W itness excused.)

Call your nex t w itness:

M r. Bell: 1
We would like to call as our next w itness, an ad ­

verse  one, the S uperin tendent of schools, Mr. P au l 
H unter.

[91] PAUL M. HUNTER, (A dverse W itness), the 
w itness having  been duly sw orn in th is case, testified  
as follows:

D irect E xam ination.

By Mr. Bell:
Q. Would you s ta te  your full name please?
A. P au l M. H unter.
Q. And your residence?
A. 411 M aple S tree t, C larksdale , M ississippi 
Q. And you a re  a m em ber of w hat race?
A. The w hite race .
Q. And w hat is your occupation?
A. County S uperin tenden t of Education of Coahoma 

County, M ississippi.
Q. How long have held th a t position?
A. Since Ja n u a ry  4, 1960.
Q. How do you obtained th a t position?
A. By election.
Q .  In  w hat leng th—w hat is the length  of your te rm  

of office?



m
A. F our years.
Q. W hen you re tu rn  for election, do you cam paign 

as [92] o ther e lected  officials?
[92] A. I did at tha t time.

Q. W hen you w ere cam paigning for election, th a t 
w as in  w hat year?

A. 1959.
Q. So your term  would be expiring  a t  the end of 

th is y ear?
A. T hat is correct.
Q. In  your cam paign for elections in 1959, w hat 

w as your position on the seg rega tion  in schools?

Mr. W ells:
We object, if the Court p lease, for the reason tha t 

th e re  is no allegation in th is com plaint concerning 
th is S uperin tenden t’s position, a t the tim e he ra n  for 
office or while he w as in the office.

The Court:
The question of seg regation  is not involved in any 

of the p leadings of the case.

Mr. Bell:
Well, it is involved in th is fashion, Your Honor, th a t 

the person  who is try ing  to  determ ine on the issues 
as to w hether the basis for not h iring  w as valid  
tow ard  the sole m em ber of the N.A.A.C.P. in the  school 
system  as far as the  record  shows now.

And, the  N .A .A .C.P., the  record also indicates, has 
a policy of opposing to the seg regation  in the [93] 
school and for th a t  reason  it is re lev an t to de term ine  
w hether or not in his cam paign for elections w hat his 
position w as—by him who did not recom m end th is 
plaintiff.



127

I t is re le v an t to determ ine w hether or not he took a 
position on this.

The Court:
The record  thus fa r ind ica tes she was recom m ended 

for re-em ploym ent by th is  v e ry  man.

Mr. Bell:
On th a t—this over-all work, I w as bringing in  the  

record . In the p leadings, there  is some confusion as 
to w hether he did or not, and I would like to be ac­
cu ra te .

The Court:
I th ink in view of the record  th a t has been m ade 

so fa r  th a t  he did in fa c t recom m end h e r for re-em- 
ploym ent and th a t the Board failed  to re-em ploy her.

Mr. W ells:
If the  Court p lease, m ay I say  som ething about th is 

so the  Court w ill not be m islead. I don’t  know th a t 
th e re  is any testim ony in the record  th a t th is w itness 
actua lly  recom m ended her.

There is some testim ony th a t the  p lain tiff w as told 
th a t the B eard  didn’t  see fit to renew  h e r contract. 
I do not th ink  th a t the  record  perhaps rev ealed  posi­
tively, he recom m ended it.

[94] The Court:
It is h e re  in th a t  regard .

Mr. Wells:
His position and his answ er will show th a t he did 

not recom m end her, but my objection goes to h is—



128

The Court:
A llegations and the p leadings. I understand .
This bill, this su it charg es  th a t the B oard  not the 

S uperin tendent, th a t the B oard  fa iled  and refused  to 
offer h e r a con tract by reason of the Civil R ights 
A ctivity  in associations designed to end rac ia l d is­
crim ination engaged in by h e r and h e r husband  and 
re fe rs  to the in teg ra tion  of the schools.

But, the charges in th is bill go to the Board of 
T rustees and not to th is  S uperin tendent of Education, 
and th e re  is no a llegation  in th is bill—-in th is  su it a t 
all charg ing  th a t he has done anything because of her 
activ ities.

Mr. W ells:
Those charg es  w ere m ade to the  B oard  of T rustees 

and we subm it because of th a t he is not responsible.

The Court:
He is charged  w ith  m aking recom m endations to the 

persons.

Mr. W ells:
He is charged by the  law  in [95] m aking the  re c ­

om m endation to the Board, yes, sir.

The Court:
I re se rv e  ru ling  and the  w itness m ay answ er.

The W itness:
Yes.

- - : ■■ --  1 '



129

By Mr. Bell:
Q. And, during the course of your cam paign for 

election w hat w as your position tow ard  segregation  
of schools?

A. I—it d idn’t en te r into the cam paign in any w ay. 
Q. D uring the course of your running for election, 

did you get out in  the com m unity of Coahoma County 
and tra v e l around and m eet the  people in the usual 
fashion?

A. I trav e led  over p rac tica lly  all of the county, 
Q. B ased on your experience , w hat w as the  com ­

m unity opinion in Coahoma County?

Mr. Wells:
We object to th a t, Your Honor,

The Court:
O bjection susta ined .

D irect Exam ination (Continuing):

By M r. Bell:
j Q. How m any schools a re  there  in th a t county? 

A. T here a re  eleven.
[96] Q. Are som e of these  schools for N egroes and 
some for whites?

A. That is right.
q , A p p ro x im a te ly  how  m a n y  te a c h e r s  in  th e  to ta l  

, sy s te m ?
A. A pproxim ately two hundred .

~**q . A re some of these  te ach e rs ''N eg r8 es-an d ''s« » &
of them  w hites?

A. T hat is correct.

D irect E xam ination (C ontinuing):



130

Q. And is it  co rrect, all the w hite teachers teach  
in the w hite schools and all the N egroes teach  in the 
N egroes’ schools?

A. T hat is correct.
Q. W hat is your p rofessional opinion as to segre­

gation  in the  schools as p resen tly  carried ?

Mr. Wells:
We object to tha t, p lease.

The Court:
The objection is susta ined .

D irec t E xam ination  (C ontinu ing):

By M r. Bell:
Q. Did you have any personal contact w ith  the 

plaintiff, Noelle H enry while she w as teaching?
A. Well, I d idn’t have a  conversation  w ith  her. I 

passed  th rough  her room  on a couple of occasions 
while school w as in session.
[97] Q. Do you have any knowledge of h er ex­
perience as a teach e r?

A. I know she w as or had  been in the Coahoma 
County system  for eleven y ears. She w as in it for 
eleven y ears .

Q. Do you have any know ledge of her educational 
background?

A. Yes, I know she had  a degree, I w asn’t  certain  
w hether it  w as a four y e a r college degree.

Q. And, do you have anv knowledge of the e x tra ­
cu rricu lar activ ities in which she w as engaged during 
th a t period?

A. I did.



131

Q. Does th a t ex tra-cu rricu lar activ ity  m ean  any­
thing?

A. No, sir.
Q. Did you m ake any check or investigation  to 

determ ine w hether she w as engaged in any e x tra ­
cu rricu la r activ ities?

A. I d idn’t.
Q. At the end of 1961-62 school year, did M rs. 

H enry subm it to you any resignation  or anything 
th a t said she would not be available for the 1962-63 
school year?

A. Nope.
[98] Q:. Did you p rep a re  a lis t of the te ach e rs  th a t 
you w ere going to recom m end to the B oard  to be 
h ired  for the 1962-63 school year?

A. Yes, sir.
Q. Do you have a copy of th a t lis t?
A. I don’t.

Mr. M aynard:
It is in the m inutes.
J u s t a second, Your Honor, w e can simplify th a t 

if you w an t the  m inute book.

The W itness:
It is tow ards the front, Mr. Wells.

The Court:
Would you like an  opportunity  to exam ine th is  be 

fore you question the w itness about this?

Mr. Bell:
Probably, Y our Honor, th a t  we ask  the  B oard



132

The Court:
I asked you if you needed tim e to before you in te r­

roga te  the w itness about it.

Mr. Bell:
Yes, sir.

The Court:
Court is in recess until two o’clock.

Mr. Bell:
Thank you.

(W hereupon a t eleven fifty o’clock A. M. Court re ­
cessed until two o’clock P.M .)

[100] (W hereupon Court resum ed a fte r recess a t 
two o’clock P. M.)

PAUL M. HUNTER, (Still on s tan d ).

D irect E xam ination  (Continuing):

By M r. Bell:
Q. Now, M r. H unter, as the Superin tendent of 

Schools you a re  under the s ta tu tes of M ississippi an 
officer of the B oard of E ducation , are  you not?

A. T hat is correct. I am  executive sec re ta ry  of the 
B oard of Education.

Q. And, you indicated  th a t you a re  an elected of­
ficial?

A. Correct.



133

Q, W ere you aw are  of, did you le a rn  a fte r you be- 
| came Superin tenden t tha t Noelle H enry w as a mem- 

I  ber of the  N .A .A .C.P.?
A. Well, it has been common knowledge for a good 

m any y ears. I thought she w as and it w as called  to 
my a tten tion  a t the the outset for w hen I took office 
and also w hen the co n trac ts  came up for renew al in 
the spring of 1960.

I w as appointed Superin tenden t and on h er affidavit 
she had th a t she w as a m em ber of the  N .A.A.C.P., 
and I checked the affidav its and found th a t she had  
been a m em ber p rio r to m y tak ing  office and she had  
listed  it for all the years except for the final one w hich 
she [101] tau g h t for 1961 or 1962.

Q. W ere you also aw are  or learned  of Mr. H enry’s 
leadersh ip  in N .A .A .C.P.?

A. T hat was common knowledge, it w as in the 
papers.

Q. Would you ag ree  for the la s t y e a r or two or 
th ree  the activ ities of the N.A.A.C.P. particu la rly  the 

1 Coahom a activ ity  has increased  a g re a t deal?
A. T hat is correct.
Q. And, Mr. H enry is the lead er or ag ita to r of 

these activ ities?
A. T hat is a m a tte r  of public record  th rough  the 

new spapers. :— —
" T J 7  Now, as an elected official, isn ’t it co rrec t tha t 

you have a duty to rep re sen t the  electors of Coahom a 
County to the best of your obligation, to the best of 
your ability?

A. T hat is right.
Q. Isn ’t it also tru e  th a t the electors, the persons 

actually doing the voting in Coahoma require contin­
uation of the  seg rega ted  schools?



134

Mr. W ells:
O bjection to th a t. It calls for a  conclusion from  th is 

w itness asking him  w h a t is the  feeling of the people.

[102] The Court:
I can’t see th is has anyth ing  to do w ith it. W hy do 

you consider it a p roper question?

Mr. Bell:
I think, Y our Honor, it is going to be necessary  for 

us to get into the record  w hat everybody knows in re ­
gards to segregation  and the  desire  of the electors in 
Coahoma County to m ain ta in  segregation .

The effect th a t it h as  on the  e lected  officials and 
w hether or not th is w as an influencing fac to r in th is 
very  unusual s itua tion  w here a te ach e r w as a m em ­
ber—was not reh ired  a fte r having  been recom m ended 
by h e r principal.

.Now, in the answ ers in the p leadings, th is has not 
been  made clear. We have to go to it to the best of our 
ability  to determ ine what the situation  is.

The Court:
I can’t  see it has probable value on the issues, but I 

re se rv e  ru ling on the question.
The w itness m ay answ er the question if he knows 

the answ er.

[103] The W itness:
Would you s ta te  the  question again?

D irec t Exam ination (C ontinu ing):

By Mr. Bell:
Q. We asked  if it w asn ’t  a fact th a t the  electors of 

Coahoma County are in favo r of continuing the seg re­
gating  of the schools in the county?



135

A. On this basis, not knowing everybody’s mind on 
th is, I would add I know people of both races who 
have d ifferen t answ ers.

Q. Well th a t  is very  in te resting , but it did not 
answ er the question.

Isn ’t  it correct th a t overw helm ing num bers not ju s t 
people) of both races, bu t people who do the, who ac tu ­
ally  do the  voting in Coahom a County, they a re  over­
whelm ing to m ain ta in  segregation?

A. I haven’t asked  them  the question, n e ith e r has 
it been rep o rted  to m e.

Q. Then, is your answ er th a t you don’t know w hat 
the view s of the  people of Coahoma County a re  as fa r  
as seg rega ting  schools is concerned?

A. I know some of th em  and not all of them, but 
not w hen you ask  for the  views of everybody.
[104] Q. I d idn’t  ask  for the  views of everybody.

A. You asked  for the the m ajority .
Q. As to the  m ajo rity , I asked w hat the overw helm ­

ing which I im agine you would know as to the  m ajo ri­
ty  of the persons doing the electing  in Coahoma Coun­
ty  a re  in favor of m ain ta in ing  segregation?

Mr. W ells:
We a re  in  no way p repared  to show th a t or w hat the 

feeling of the people would be a influencing or would 
effect th is  w itness’s recom m endation for teachers .

I subm it perhaps it would be pertinen t and would 
be com petent to in te rro g a te  th is w itness as to w hether 
or not his act in  recom m ending would be governed or 
persuaded  by the people.

I th ink we are asking him to reach  a conclusion as 
to w hat people generally  th ink  about it in public 
schools w hich is s tric tly  a conclusion in the  absence 
of effecting his judgm ent or decision.



136

M r. Bell:
We a re  not asking for a  conclusion.
I believe in the M ississippi consolidation of schools 

in the la s t decade h as  a p re sen t m easure . I th ink  the 
Superin tendent is sensitive to the people he is re p re ­
senting, has views as to how the people feel about the 
consolidated schools. He certainly [105] has feeling 
w here they  a re  closing a school.

I th ink  it is in  the school and nam ely  in th a t of 
segregation  and in tegration . All I asked him to do 
w as to give us an opinion as to w hat th e ir g enera l 
view, the view  of the people w as as ta segregation.

C ertain ly  th e re  a re  going to be m inorities. I don’t 
th ink th is is a h a rd  question to ask—answ er.

The Court:
I still c an ’t  see the value in the determ ination  of the 

law suit, but I re serv e  ru ling  on th is objection.
The w itness m ay  answ er if he knows.

The W itness:
I can’t give you an  accurate  answ er to your ques­

tion. My job doesn’t allow me to feel out the pulse 
of the people.

D irec t Exam ination ((Continuing):

By Mr. Bell:
Q. Then, your answ er is you don’t  have any idea 

how the electors of Coahoma County feel about m ain­
ta in ing  of segregating  the school system ?

A. You m ight say tha t.
Q. Let me ask  you this, has th e re  been  any dis­

cussion by the B oard of w hich you a re  an officer dur-



137

ing the  p a s t [106] y e a r  concerning deseg regating  of 
the  schools in Coahom a County?

Mr. W ells:
If the Court please, we object to th a t unless it w as 

w ith  re fe rence  to the con tract involved of th is  p la in ­
tiff.

Mr. Bell:
I t certainly is, Your Honor. The P la in tiff is the  only 

lady  or the  only teach e r who has been  consisten tly  a 
m em ber of the  N.A.A.C.P. These a re  the plain fac ts  
to pu t these  in the m isty never nev er land  as th is 
C ircuit has said, we should be able to p lace them, in  
re g a rd  so the  C ourt m ay see ju s t why th is  wom an w as 
not reh ired .

The Court:
I re se rv e  ruling. The w itness m ay  answ er.

Mr. Bell:
W ould the rep o rte r read the la s t question?

The Court:
The question was, “W hat discussion had  the  school 

B oard had  in the effect of in teg ra tion  in the schools?

The W itness:
T here w as no discussion re lev an t to in teg ra tion  or 

segregation.
Normally we meet only once a month, we don’t  

have tim e  for such issues a t th a t tim e and because 
none have arisen .



138

[107] D irect Exam ination (Continuing):

By Mr. Bell:
Q1. Mr. H unter, do you have personal knowledge of 

the fac t th a t in 1954 the Suprem e Court ind ica ted  th a t 
the seg rega ted  schools a re  unconstitutional?

A. T hat is righ t.
Q>. H ave you ever b rought th a t to the a tten tion  of 

the Board?

Mr. Wells:
Counsel is certa in ly  going fa r  afield.

The Court:
I th ink  the  objection is w ell taken , susta ined .

M r. Bell:
We won’t  push, Y our Honor.

D irect E xam ination  (C ontinuing);

By Mr. Bell:
Q. Now, as an  elected rep resen tiv e  of the people 

as fa r  as the  public schools a re  concerned, if you w ere 
able to know w hat th e ir feelings w ere in re g a rd  to 
Civil R ights for the  N egroes and desegregation  of the  
schools in  or a t th is p a rticu la r tim e it would be your 
duty to try  to ca rry  out the desire  of the m ajo rity  in 
tha t, is th a t  correct?

A. Well,—

M r. Wells:
We object to th a t. The duties of th is m an a re  fixed 

by the statute.



139

Mr. Wells:
The question he ask  was, “if you did know w hat 

the feeling of the m a jo rity  voters w ere and if th a t 
w as th ey  w ere ag a in s t in teg ra ting  schools, then  would 
it be your duty to carry  out th e ir  w ishs?

The duties of th is m an a re  fixed by the s ta tu te , if 
the Court p lease.

The Court:
T hat objection seem s to be well taken. It sus­

tained.

[108] Mr. Bell:
The sam e thing, Your Honor.

D irec t Exam ination (C ontinuing):

By M r. Bell:
Q. As to your duties under the various s ta tu te s  of 

the S ta te  of M ississippi, isn ’t it a fac t th a t th e re  is no 
s ta tu te  in the S tute of M ississippi tha t perm its you 
to in itia te  or tak e  any action tow ard  desegregation  of 
the Coahoma County?

Mr. Wells:
Objection to tha t, because th e re  is nothing in th is  

law suit even rem otely touching the questions of or 
even a com plaint th a t  th is  defendan t h asn ’t  tak en  
som e action to desegregate the schools of Coahoma 
County.

Mr. Bell:
I don’t—



140

[109] The Court:
Why a re  you asking this, w hen th is Court can take 

judicial notice of the  s ta tu te  of the  S tate  of M issis­
sippi?

Mr. Bell:
Well, I am  still try ing  to place on the record, Your 

Honor.

The Court:
Why don’t  you ask  th is  w itness why he failed  to re ­

commend the  plain tiff?

Mr. Bell:
I th ink  th a t is p a rt of the o ther side’s case. I would 

p refer they  do it if they  w an t to.
I th ink  we do know he failed to recom m end h e r and 

try —tried  to m ake the  reco rd  show th a t to the  s trong­
est ex ten t possible.

The Court:
If you asked him w hy he failed  to recom m end her 

or if he failed  to recom m end  h e r because she w as a 
m em ber of the N.A.A.C.P?

M r. Bell:
Our position is th a t he did and th a t th is kind of ques­

tion resu lted .

The Court:
Did you fa il to recom m end the  p lain tiff because she 

f w as a m em ber of the  N .A .A .C.P.?

The W itness: 
I did not.



141

The Court:
Why did you tak e  such action?

The W itness:
B ecause of the activities th a t [110] she and her 

husband w ere engaged w ere highly con troversial. 
Do you w an t to know w hat it is?

The Court:
Yes.

The W itness:
Num ber one I felt it would be a bad  influence on 

the ch ildren  and o ther teachers . C hildren a re  imi­
ta to rs . W hen they  see an adult do som ething, then  
they th ink it is a lrigh t for them .

In  M arch  of la s t y ear, h e r husband w as convicted 
of a m orals charge.

Mr. Bell:
Objection, we a re  objecting.

The Court:
Objection is overruled .

Mr. Bell:
The reaso n  for the  objection to the charge  in  the 

conviction is th a t the w itness w ants to testify  to is one 
of a num ber of such charges or convictions of one so rt 
or o ther. All of which a re  still in litigation. All of w hich 
the  defendan t has m aintained in  th a t litiga tion  are 
p a r t and p a rce l of the sam e type of harassm en t th a t 
resu lted  in h e r losing her job.

I th ink  it is en tire ly  irre lev an t for the purpose of th is
case.



The W itness: 
All of it?

142

The Court:
I th ink  it goes back to  the h e a r t of the case. Your ob­

jection  is overru led .
[I ll]  I  am in te rested  in why he failed  to recom ­
m end the p lain tiff and I asked  him  to continue to say 
it.

The Court:
You got to the place w here the conviction en tered  

into the  p icture.

teen ag er. That w as N um ber one.
Num ber two, in A pril of 1962 a libel suit w as filed 

by the Chief of Police of C larksdale  and the County 
A ttorney of C oahom a ag a in st h e r husband  A aron 
H enry.

I w as told by  a re liab le  au thority  th a t a suit would 
be in s tig a ted  for setting  aside p roperty  to Noelle 
H enry by h e r husband  to avoid paym ent on the  libel 

[ charge. If the  suit w as successful, she would be in- 
\ volved.

Those a re  the th ree  m ain  reasons I stated  th a t I 
I fe lt it would be a bad  resu lt for the  ch ild ren  in  w!
| she cam e in contact because they  a re  im itators.

The W itness:
He w as convicted on a m oral

M r. Bell:
Ju s t one moment, p lease.

The Court:
You m ay continue w ith your exam ination.



143

M rs. M orris:
If your Honor p lease, I would like to check these 

d a tes  th a t these  things happened. May I have a few 
m om ents?

[112,] The Court:
I d idn’t un d ers tan d  your question.

M rs. M orris:
I am asking for a  few m inutes to check these dates. 

The Court:
A re you asking for a recess?

Mrs. M orris:
Ju s t for five m inutes.

The Court:
Court is in recess until two th irty .

(W hereupon a t two ten  o’clock P. M. Court w as 
recessed  until two th ir ty  P . M.)
[113] (W hereupon a t two th ir ty  P. M. Court recon­
vened a fte r recess)

The Court:
You may be seated .

D irec t Exam ination (Continuing):

By Mr. Bell:
* Qj. You indicated  th a t you did, not recommend 
Mrs. H enry to be reh ired  and you based th is  on the 
th ree  d ifferen t facto rs: A m oral charge in  M arch, 
1962, a libel su it in  April, 1962 in which you h ea rd



144

there  w as a  possible suit ag a in s t M rs. H enry for 
fraudu len t conveyance, is th a t  correct?

A. I did not recom m end her and I w as told th a t 
the fraudu len t conveyance had  been m ade and a suit 
would be filed by a re liab le  source.

I also followed—I would follow the  same policy re ­
gard less of who the te ac h e r m ig h t be.

Q. Well, as to the f irs t conviction of M arch, 1962, 
a re  you aw are  th a t th a t  charge, the conviction was in 
the J . P . C ourt?

A. T hat is correct. J
v Q. A re you also aw are  th e re  w as an  appeal of a  
m ew  tr ia l of record? V

A. T h a t is righ t. He w as found guilty.
[114] Q’. As a  m atter of fact, you had  ta k en  action 
p rio r to being told about th a t tr ia l?

A. W hat I read  in the new spaper, he w as tr ied  and 
conv ic ted and he as fa r  as we go—

Q. He appealed  and had  a new  trial?
A. I never heard anyth ing  about a new tria l.
Q. You read  in the  p ap e r about the March, 1962 

tr ia l th a t  A aron  H enry, husband of the  plaintiff, had 
been convicted of a m oral charge.

A, T h a t is righ t.
I Q. Did you find out w hat the n a tu re  of the Court 
w as w here he had  been  convicted?

A. I knew  the n a tu re  of the  C o u rtf  v  fY
Q!. W hat was the  n a tu re?
A. T hat w as the  Justice  of the  Peace Court.
Q. Do you know w hether or not Dr. H enry  had  a  

ju ry  in th a t Court?
A. I didn’t know. I didn’t  b o ther to find out. He 

w as convicted.



145

v iH
4

Q. And, you acted  w ithout checking or finding out 
w ith the a tto rneys, w ith anybody w hether he might
have a  tr ia l late*r on. is—tha t  r ig h t? __ ______

I did not. W hen  a  m an gets involved in a  con-A.

&  >

tro v e rs ia l issue and—I th ink  it would effect his wife.
[115] Q. Would you explain?

A. W hen a  m an gets involved w ith a  m orals 
charge, his wife as a  te ach e r in the school th e re , 
defin itely  th is case reflects on her and on the children 
w ith w hich she is teacM ng ^ r rW ~ ~ ''r~ '" —t ~~ ~ * ’ 

Q. And, th e re fo re  on th is, it d idn’t  m ake a  d iffer­
ence w hether he w as convicted, if he hadn’t  m ade 

\  the charge or if he had  m ade  it. ?
A. I don’t know. He w as convicted and I based my

decision on th a t.......  ....— . — ----- -—--------- ---------
( J  TKen, you indicated  th a t you acted before or 

w ithout or before you learn ed  w ithout knowledge 
th e re  would be a new tr ia l a t which tim e the  defend­
an t would have an  opportunity  to  have a ju ry  and all 
the obligations of the  constitution?

I

M r. Wells:
Objection, as the Court can  tak e  jud ic ia l notice, 
This m an could have a ju ry  in the  Ju stice  of the 

P eace  Court by asking for it. It w as a m isdem eanor.

The Court:
T hat is true , the Court can take  [116] judicial 

notice on it.
This would be a tr ia l in the scope of the  C ircuit 

Court depending upon the county w here the Justice 
tr ia l was held. I reserve  ruling on it.

The w itness m ay answ er.
And I can  m ake jud icia l note by the s ta tu te  of J . P . 

Court th a t it is a  Court of record .



146

Mr. Bell:
I th ink  we m aintain—no, we a re  m ain ly  concerned 

w hether or not the S uperin tendent bothered  to find 
out any of th is  inform ation.

The W itness:
T hat is correct.

D irect Exam ination (C ontinuing):

By M r. Bell:
Q. Then in other w ords, Mr. Superin tendent, you 

took—you m ade your decision w ithout knowledge of 
the law concerned in the Justice  of the P eace  Court 
and w ithout knowledge of the type of t r ia l  he would 
have if convicted in  the Ju stice  of the P eace Court?

A. I still—it w as not m y place, it was not m y 
place to determ ine the law . I didn’t  know th a t he had 
been convicted and I had  no idea th a t he was.

I t w asn ’t my place to know.
Q. Did you also understand  th e re  w as a  ju ry  or 

not a ju ry  in th a t Court?
[117] A. I did not know. It is still a Court of law.

Q. And, you knew  of the conviction—you acted  on 
the conviction w ithout knowledge th a t he was going 
to appeal or not to appeal?

A. Do you m ean my action?
Q. Now, as m a tte r  of fact, there w as an appeal of 

th a t conviction?
A. I knew  then, not until that time.
Q. Did you now, as a m a tte r  of fact, th a t a t one 

stage  of th is case it w ent to the Suprem e Court of 
the State of M ississippi?

A. T hat is correct.



147

Q. Did you understand  the descision of the S ta te  
of M ississippi in  reg a rd  to th is case?

A. I know I read  it in the papers.
Q. You understood th a t the f irs t decision of the 

S ta te  of M ississippi Suprem e Court w as a re v e rsa l 
of th is decision?

A. T hat is righ t. p —  ----- -— f
Q. At that time when -D id you also check to find; 

out th a t the libel charge w as as a m a tte r  of fac t based: 
on a  s ta tem en t by D r. H enry about the  conduct of th,e: 
police who a rre sted  him on the charge  on the m oral
[118] offense?

A. I knew  what I read  in the papers and it w as < 
basically tha t.

Q. Did you try  to check the charge on fraudulent 
conveyance of property, w as it also based  on the libel 
suit?

A. I w as told by good au thority  th a t t|he convey­
ance had been m ade  and I w as not told th a t it avoided 
service, but I assum ed it was.
""Or" Would you nam e th a t good authority?

A. One of the a ttorneys, I don’t rem em ber exactly, 
e ither Mr. P o r te r  or Mr. L uckett

Q. It w as one of the a tto rneys th a t w as going to 
rep resen t him in the libel case?

A. No, sir. The one who w as going to file the  
fraudu len t conveyance charges.

Q. They w ere p riv a te  a tto rneys for p rivate  indi­
viduals?

A. That is right.
Q. Then th e ir reason for basing—your reason  w as 

based on th is for not recom m ending her?
A. And, your fa ilu re  to recom m end M rs. H enry 

grew  out of the sam e situation?



148

A. Well, as r s ta ted  on the th ree  things, tha t is
correct. _  _____ __________ _ _ _ _ _ _ _ _ ——-------—-
[119] Q. And, you indicated  knowledge th a t th is 
m a tte r had been appealed  to the Suprem e C ourt of 
the S ta te  of M ississippi?

A. That appeal w as sometime a fte r I m ade my de­
cision.

Q. T hat is right. At leas t a t one point, the f irs t de­
cision of the S tate  Supreme Court was rev ersed  of 
th is conviction.

A. I rem em b er read ing  th a t in the papers.
Q. A t th a t point, would you ag ree  th a t th is  con­

viction been rev e rsed  and all th ree  points on w hich I—

Mr. W ells:
I object.

Mr. Bell:
I s trike  the la s t question.

The Court: 
All right.

j, Q. W hen you learn ed  the s ta te  rev ersed  the  con­
viction of A aron H enry, w ith your knowledge th a t all 
the charges or all these points w hich you refused  to 
recom m end M rs. H enry did you a t th a t point take 
any action to re in s ta te  her?

M r. Wells:
I object on that for th is reason.

[120] The decision of the Suprem e Court of M issis­
sippi w as rendered  the  f irs t opinion of the  Suprem e 
Court w hich w as not a final opinion sub ject to the  sug­
gestion of e rro r a t the  time w hen th e re  w as no occa-



149

sion for th is  w itness to have tak en  any action  because 
it was a fte r the  tim e th a t the teach ers  had been  re ­
com m ended for the 1963-64 session.

T hat f irs t opinion w as ren d e red  a t  the end of the  
session of the  Court in the  la tte r  p a r t  of M ay or e a r­
lie r p a r t  of June, a fte r the  te ach e rs  had  been recom ­
m ended for the  1963-64 session.

There would be no occasion for th is  w itness to have 
made som e recom m endations on the m a tte r  a t th a t  
time.

We subm it that is not a p roper question as to 
w hether he took any action w hen he learn ed  of th is, he 
could do nothing about it.

The Court:
The objection is overruled. The w itness m ay an­

sw er.

j  The W itness:
I did not take any action. V;

D irec t Exam ination (C ontinuing):

By Mr. Bell:
Q. You know of course, th a t subsequent to its f irs t 

opinion the  S ta te  Suprem e C ourt rev ersed  itse lf and 
affirm ed the conviction of D r. H enry?
[121] A. T hat is correct.

Q. Do you know the  conviction of Dr. H enry is now 
going to be subm itted for review  to the  U nited States 
Supreme Court?

A. I did not.
Q. It is correct then  to conclude th a t having m ade 

your decision known about June  4, 1962 in  re g a rd  to 
recom m ending M rs. H enry for reh iring , you did not



150

follow the  case as it proceeded th rough  the Courts 
bu t fe lt th a t th e ir  decision w as final a t th a t tim e and 
you felt it w as final and—

A. I felt it w as final and I haven’t had anything to 
change my m ind because the  conviction still stands. 

Q. Excuse me ju s t a m inute, please.
But, Mr. Superin tenden t w hen you m ade your de­

cision, you didn’t  know the decision was going to stand  
or not?

Mr. Wells:
We object as repetitious and it is about the th ird  

time he asked it.

The Court:
I th ink we have covered th a t. O bjection is sustained .

[122] M r. Bell:
No fu r th e r questions.

The Court:
Any fu rth e r questions.

Mr. M aynard:
We would like to have him on d irec t ra th e r  than 

cross exam ination.

The Court:
You m ay  do so.

Mr. M aynard:
W hat w as your answ er?

The Court:
You m ay do so. Call your nex t w itness.

(W itness leaves the s tan d .)



151

Mr. Bell:
Mr. Wise, p lease.

[123] S. B. WISE, The witness having duly sworn 
in th is case, testified  as follows:

D irect Exam ination.

By Mr. Bell:
Q. Will you s ta te  your full nam e?
A. S. B. Wise.
Q. Indicate your position w ith  the Coahoma 

County School B oard if any?
A. I  am  a t the p resen t tim e the P res id en t of the 

Board.
Q. How long have  you held th is position?
A. About four y ears.
Q. W ere you as a Board m em ber made aw are th a t 

you would not under the s ta tu tes  of M ississippi have 
an  opportunity  to offer a con trac t to M rs. H enry  for 
the 1962-63 school y ear?

A. Well, I have known it since I have been a 
m em ber of the Board in reg a rd  to everybody reg a rd ­
less of the  name.

Q. Now, do you know who the te ach e r w as the 
name of the  teacher who was assigned  to the position 
form erly [124] held by Mrs. H enry?

A. Well, I have h ea rd  it. I th ink her nam e is 
G eorgia R ichardson or G loria R ichardson, one of the 
two. I don’t  recall.

Q. G eorgia R ichardson, the counsel indicates th a t 
it is G eorgia R ichardson, is th a t correct to your m em ­
ory on the subject?

A. Yes.



152

Q. Do you reca ll how m uch Mrs. R ichardson—how 
much experience M rs. R ichardson had w hen she w as 
picked for the 1962-63 school y ear?

A. I do not.
Q. Do you recall during the pleadings portion of 

this case signing a  group of in te rro g a to ries  th a t  w ere 
served by the p lain tiff on the defendan t B oard?

A. I do.
Q. May I have the  answ ers filed to the  p la in tiffs  

in terrogatories m arked  as E xh ib it No. 4 for the  plain­
tiff?

The Court:
C ertainly if they  a re  in the ja ck e t file.

[125] M r. Bell:
T hank you.

The Court:
W ere you w ishing to get them  in  the reco rd  for 

this trial. You may introduce all the questions or answers. 
I don’t  know how you will a ttem pt to get them  in with 
th is w itness.

Mr. Bell:
Well, the Board m em bers had  signed them  and as 

m a tte r of fact, we really  d idn’t  need them in  the re ­
cord except to th is  one point.

The Court:
All right.



153

(Said document w as m arked  as P la in tif fs  Exhibit 
No. 4 for Identification.)

D irect Exam ination (C ontinuing):

By Mr. Bell:
Q!. I show you th is E xh ib it No. 4 for Identification 

for the p lain tiff titled  answ er to the In te rro g a to ries  
and ask  you, do you recognize a t the conclusion of th is 
answ er your signature?

A. I do.
Q. All righ t, and I ask  you to d irec t your a tten tion  

to the  answ er num ber 13 9 
A. All right.
Q. I th ink  w ith the defendan t’s perm ission if they 

will allow th a t the question to in terroga to ry  num ber
[126] 13 read , “Name the college degree and te ach ­
ing experience of the teach e r replacing the plaintiff 
in the Coahoma Public School.”

Mr. M aynard:
We agree to tha t, of course, it is in the answ ers. 

D irec t E xam ination  (Continuing):

By Mr. Bell:
Q. Would you read  the answ er?
A. (R ead in g )“ G eorgia R ichardson, A-e license, O 

y ears  experience!'.”

Mr. Bell:
T hat is all.

The Court:
Any questions, M r. M aynard?



154

Mr. M aynard:
We would like to re se rv e  the rig h t also to call him. 

The Court:
You m ay call him  la te r.

Mr. Bell:
We have no further witnesses. Plaintiff rests.

Mr. M aynard:
We would like to recess and to save tim e.

The Court:
W hat is your estim ate of the tim e  requ ired?

[127] Mr. M aynard:
For recess, Your Honor, certainly not over fifteen 

m inutes.

The Court: ,j ' ■
Court is in recess until ten minutes after two.

(W hereupon a t one fifty  o’clock P . M. C ourt re ­
cessed.)

[128] (W hereupon Court reconvened a t ten  m inutes 
after two o’clock P. M. after recess.)

The Court:
You m ay proceed.

Mr. M aynard:
We would like to m ake a m otion first. These a re  

two separa te  m otions.



155

And now come S. B. Wise, Graham Bramlett, S. H. 
Kyle and J. F. Humber, Jr., as defendant and 
m em bers of the Coahoma County, M ississippi, School 
B oard of Education, and m ove th a t all of the testim ony  
in troduced  on behalf of p la in tiff ag a in s t said  defend­
an ts be excluded and stricken  from  the reco rd  and 
said  cause be dism issed to the p re jud ice  of p la in tiff 
as ag a in s t said  defendants, and for cause shows:

This cause s ta te s  as a basis of its case against mem­
bers of said B oard th a t they  failed  to re-em ploy the 
plaintiff, Noelle H enry, for the scholastic y e a r 1962-63 
in  the  C oahom a County School D istric t. The evi­
dence shows th rough the  testim ony of the Superin­
tenden t of Educaton, P au l H unter, th a t sa id  Superin­
tenden t of E ducation  did not recom m end to the Board 
of E ducation  th a t it re-employ the plaintiff, and under 
the law  of M ississippi in  a county wide school d istrict 
such as the one involved here, it is necessary before 
the B oard of Education can employ, or re-employ, a 
teach e r th a t said  employment, or re-employment, be 
recom m ended  by the S uperin tendent of E ducation .
[129] As a second count for said  m otion it is shown 
th a t the en tire  basis of th is suit, as set out in the com­
p la in t of plaintiff, is th a t the civil righ ts of plaintiff 
under the s ta tu tes  of the  U nited States of Am erica 
w ere violated, and th a t the p lain tiff w as not re-em ­
ployed for the sole reaso n  th a t she and h e r husband 
been active in  the activ ities of the N.A.A.C.P. There is 
not a suggestion of evidence by any of the  w itnesses 
here  th a t tha t w as the reaso n  for h e r not being re ­
em ployed and on the co n tra ry  the S uperin tendent of 
Education testified  that th is  did not en ter in any w ay 
into his consideration  not to m ake the recom m endation 
of re-em ploym ent.

T hat is our m otion w ith refe rence  to the  Board.



156

[130] The Court:
All righ t.

M r. M aynard:
We now come and move on behalf of defendant, Paul 

H unter, S uperin tendent of Education of Coahoma 
County School D is tric t of Coahoma County, M is­
sissippi, th a t all evidence against him be excluded 
and th a t  the cause of p la in tiff be dism issed as to  him  
with p rejud ice.

F o r cause for said  m otion said  defendant shows 
th a t under the s ta tu tes  of the S tate  of M ississippi, as 
in te rp re ted  by the Suprem e Court of M ississippi, the 
m atte r of m aking recom m endations for em ploym ent 
or re-em ploym ent of a teacher in a county w ide school 
district, as is the one h ere  involved, is solely w ithin 
the judgm ent and discretion of the Superin tendent 
of Education and not to be controlled in any way by 
any Court;

And, second, the case ag a in st the S uperin tendent 
of Education fails as ag ain st the m em bers of the 
B oard of E ducation  because it asse rts  th a t he was 
depriv ing the p lain tiff of h er righ ts  in th is case solely 
because of h e r and h e r husband’s activ ities [131] in 
N.A.A.C.P. and th is has not been proven.

And the  th ird  ground for the S uperin tendent of 
Education, if he needed to give reasons for not m aking 
any recom m endation, said reasons, if given, w ere 
com pletely sufficient to legally  allow him not to rec­
om m end the  re-em ploym ent of the plaintiff, Noelle 
H enry.

The Court:
I re serv e  ru ling on the motion on P au l H unter.



157

Mr. M aynard:
We would like to call Mr. P au l H unter.

[1.32] PAUL M. HUNTER, the w itness having  been 
duly sw orn in th is case, testified  as follows:

D irec t Exam ination.

By Mr. M aynard:
Q. M r. H unter, before we go into the  questioning, 

I hand you copies of the m inutes.

Mr. M aynard:
You have copies of tha t, A ttorney Bell?
Q. Mr. H unter, you have certified  w hat app ears  

to  be the  M inutes of May 8, 1962 of the Coahoma 
County B eard  of Education?

A. T hat is correct.

Mr. M aynard:
L et me m ark  th is for identification first.

The Court:
All right.

(Said docum ent was m arked  D efendant’s E xhib it 
No. 2 for Identification and in troduced  into Evidence) 

Q. M r. H unter, I hand  you a paper and ask you 
w hat th a t  paper is?
A. These a re  the M inutes of the  Coahoma County 
Board of E ducation  da ted  M ay 8, 1962 and so ce rti­
fied by m e and th ey  a re  photostats.
[133] Q. They a re  photostats?

A. Yes.



158

Q. And, refe rring  to those M inutes and  see if th e re  
is any p lace th e re  w here, any places w here you cull 
the teach ers  for Coahoma County School D istrict for 
the year 1962-63?

A. T here is a complete recom m endation list.
Q .  Does th e re  ap p ear anyw here on th e re  the  p lain ­

tiff H enry’s nam e?
A. No.
Q. And, I believe you did not en ter h e r nam e? 
A. I did not.

Mr. M aynard:
Q. I w an t to in troduce it, Your Honor.

The Court:
Let it be received.
(Said document w as m ark ed  D efendant’s E xhib it 

No. 3 for Identification .)
Q. Mr. H unter, I have th is  m ark ed  for the  purposes 

of identification. I ask  you to look a t w hat has been 
m ark ed  for the purposes of identification, D efendan t’s 
E xhib it No. 3 and tell us and the Court w hat th a t is.

Mr. Bell:
May we see it?

Mr. M aynard :
You h av en ’t  seen it?  It is the  M inutes.
[134] I’ll give counsel an opportunity  to look it

over.

The Court: 
All righ t.



159

By M r. M aynard:
Q1. I ask  you w hat tha t is Mr. H unter?
A. This is a certified copy, a  pho tosta t copy of the 

M inutes of the Coahoma County School B oard dated  
M ay 14, 1962.

Q. Does it contain  in th e re  anyw here, Mr. H unter, 
for the purpose of conserving tim e, a lis t of the rec­
ommended teach e rs  for the scholastic y ear 1963-64?

A. It does.
Q. H ave those contracts been entered  into it?
A. The Contracts have not been  signed, but th is 

lis t had  been subm itted and approved by the Board.
Q. Does th a t fill the quota for 1963-64 for C oahom a 

County?
A. It does.
Q. You w ere asked  on the stand as an adverse  

party  defendant, who replaced the plaintiff, who w as 
the  replacem ent teacher for 1962-63.

Who w as the rep lacem en t teacher?
A. M rs. G eorgia R ichardson, which appears in the 

M inutes.
[1351 Q. Ju s t tak e  G eorgia R ichardson, was she 
recom m ended well to you?

A. Yes.
Q. Did you consider h e r highly com petent to teach  

in your county?
A. I did.
Q. Did she serve  out the  full term ?
A. She served in that capacity satisfacto rily .
0 . To your satisfaction?
A. Yes.

D irect Exam ination (Continuing):



180

Q. And to the  B oard of Education  in Coahoma 
County, M ississippi’s satisfaction?

A. As fa r  as I know.
Q. Did you recom m end her for the school y ear 

1963-64 for Coahoma County D istrict?
A. I did.
Q. Did the  B oard  accept your recom m endation? 
A. They did.
Q. And, do you accept contracts for P rincipals as 

well as teach ers?
A. T hat is right.

[136] Q. You said she changed h e r nam e?
A. She h as  since m arried , h e r name is now—

Mr. Bell:
We object to that. This is p a rticu la rly  irrelevant. 

I im agine th e re  m ig h t be som e relevancy , she w as 
reh ired  for the  coming year.

M r. M aynard:
It would be re lev an t to be h ired , I th ink  it would be 

if I ask  if it is reh ired .

The Court:
The w itness m ay answ er.

The W itness:
I t  is now G eorgia M adden.
Ju s t a m inute, le t m e see how it is spelled, G eorgia 

R. for R ichardson M adden, (spelling) M-a-d-d-e-n.

Mr. M aynard:
We would like to introduce this, Your Honor.



161

(Said document w as m arked  D efendan t’s Exhibit 
No. 3 for Evidence.)

Q. You have sa t in th is Courtroom  and h eard  the 
various testim ony w ith re fe rence  to the teach ers , 
som e w ere recom m ended for d ism issal and som e w ere 
not dism issed as I reca ll, and do you recall the  num­
ber of o ther N egro te ach e rs  in Coahoma County who 
w as not reh ired  or [137] re-em ployed for the school 
y e a r 1962-63?

A. T h a t is right.
Q. Do rem em b er any P rincipal of Coahoma Coun­

ty  School D is tric t who w as not re-em ployed for the 
year 1962-63?

A. Yes, there  w as one.
Q. Would you s ta te  to the  Court the reason why that 

P rincipal w as not re-em ployed in th a t p a rticu la r 
case?

A. The P rin c ip a l w as not re-em ployed because  of 
alleged im m oral activ ities by his wife w hich w as 
brought to my a tten tion  by the Supervisors of the 
Colored Schools and other N egroes of the community.

Q. W as th e re  any d irec t charge b rought again st 
th is m an  if you know?

A. No, sir.
Q. F o r any m isconduct?
A. No, sir.
Q. F o r teaching  efficiency?
A. No, sir.
Q(. And your sole reason w as his wife w as guilty of 

im m oral conduct?
A. th a t is right.

The Court:
L et it be received.



162

£138] Q. Now Mr. H unter, w ith  reference to the, 
N .A.A.C.P. I ask  you one question, You have h eard  
the testim ony  that the  p lain tiff H enry w as a  m em ber 
of the  N.A.A.C.P. is tha t correct?

A. T hat is correct.
Q. I g a th er th a t you have known th a t for some 

time?
A. Yes.
Q. And you likewise adm itted  you knew  th a t A aron, 

Dr. H enry  who is the husband  of th is p a rtic u la r  p la in ­
tiff h e re  w as active  as a m em ber of the  N.A.A.C.P.? 

A. R ight.
Q. In  m aking up your decision for the  em ploym ent 

of the  scholastic y e a r 1962-63, for the nonem ploym ent 
of the plain tiff, Noelle H enry, have e ither facts—the 
fac t f irs t th a t  she w as active or a t le a s t a m em ber of 
the N.A.A.C.P. or h e r husband  was p a rticu la rly  active 
in the activ ities of the N.A.A.C.P. had anyth ing  w h a t­
soever to do w ith your decision?

Mr. Bell:
We would like to object. He is asking for a con­

clusion on the  issues th a t are before the Court and it 
is the C ourt’s duty to decide. T h a t would certain ly  
be a  self-serving declara tion  [139] on tha t.

The Court:
I reserve ruling. The w itness m ay answ er.

The W itness:
I did not.



163

By Mr. Bell:
Q. W hat w as your answ er?
A. It did not en te r into it.
Q. Excuse m e ju s t a m inute p lease.
M r. H unter, If the p lain tiff, Neolle H enry, w ere put 

back  as a teach e r for th is p a rticu la r y ea r would one 
of your o ther teachers have to be dismissed?

Mr. Bell:
I object, I don’t  th ink th a t is re lev an t to the  p roceed­

ings here.

The Court:
O verruled.

The W itness:
Well, we have no vacancies for her. Someone would 

have to be re leased  to m ake room for her.

Mr. M aynard:
T hat is all. Excuse me, Your Honor. I m ean th a t is 

all.

The Court:
Do you have any questions?

Mr. Bell:
We have a few questions.

[140] The Court:
All right.

D irect E xam ination  (C ontinuing):



164

Cross Exam ination.

By Mr. Bell:
Q. Now, you indicated Mr. Superin tendent, tha t 

your decision w as not a t all based on your knowledge 
th a t Dr. H enry  w as very  active in the Civil R ights 
P ro g ram  of the N .A.A.C.P., is th a t co rrect?

A. T hat is correct.
Q .  Did you realize or did you know th a t  the libel 

j charge th a t you used as a  p art of the  basis for your 
action grew  out of a s ta tem en t and I believe a  le tte r  

I th a t  D r. H enry w rote in which he vehem ently denied 
| th a t he w as guilty of the  m oral charge  and m ove over 

indicated ra th e r—in a ra th e r  strong fashion th a t the 
police officials had  brought th is charge  ag a in st him 

i because of his Civil R ights activ ities?
A. I didn’t see any  such thing.
Q. But, you did know th a t th e re  w as a libel charge 

pending ag a in st h im ?
A. That is correct.
Q. Did you investigate  to see w hat basis  th e re  w as 

for th a t charge?
L A. It is not my position  to dig into law su its. My

[141] position doesn’t  entitle  me to th a t, t im e.
Q. Did you know as a m a ttte r  of fact Mr. Super­

in tendent th a t o ther Negroes p a rticu la rly  in the State 
of M ississippi who have been  involved in the Civil 
Rights A ctivities from time to  tim e have been a rre sted  
on one charge or o ther and have defended—testified 
in p a r t the  charge  w as put on them  because  of Civil 
R ights activities?

Mr. Wells:
Objection to th a t if the Court please.



165

M r. Bell:
All right.

Cross E xam ination  (Continuing):

By Mr. Bell:
Q. You said  you didn’t have any knowledge of the 

le tte r  which was the basis of the libel suit ag a in s t 
Dr. Henry?

A. I ju s t knew  th a t th e re  was a libel charge  th a t 
had  been com m itted. I d idn’t know w hat the form 
was, whether it was verbal or written, I didn’t know.

Q. A re—you a re  aw are, I believe, you said  earlier 
you a re  aw are  th e re  has been  in the State of M issis­
sippi particu la rly  in Coahoma County an increase
[142] in the la s t few y ea rs  of Civil R ights activities, 
is th a t righ t?

A. That is right.
Q. Are you aw are, Mr. H unter, there  have been a 

large num ber of people, m em bers of the N.A.A.IC.P. 
and o ther Civil R ights groups who have been a rre s te d  
in Coahoma County a re a  during  th is increase period 
of activ ity?

Mr. Wells:
We object to th a t if the Court p lease.

The Court:
Objection susta ined .

The Court:
Objection sustained.

Mr. Bell:
This bears exactly  on the issues of th is case.



166

Mr. Bell:
Your Honor, we should like to m ake—to take an 

opportunity  under 43-C under the ru les of procedure.

The Court:
Is th a t an offer?

Mr. Bell:
I would like to get th is m a te r ia l into the record. 

The Court:
You m ay do so if you have th a t righ t under the rule, 

but of course, anything under th a t ru le  will not be 
under consideration  in arriv ing  a t th is decision.

[143] Mr. Bell:
Would the Court a t th is tim e listen  to fu rth e r argu­

m ent as to perm issib le testim ony from  the w itness?

The Court:
I have  sustained it. As fa r as I am concerned it 

has no bearing  on the case. You m ay m ake your 
record  under the ru le as you see fit.

Mr. Bell:
All right. We will m ake use of th a t opportunity  then, 

Y our Honor.

The Court:
All right.

The Court:
Objection is sustained.



167

By Mr. Bell:
Q. M r. H unter, we are  going to ask you certa in  

questions which w ere objected  to and the objection 
w as susta ined  by the Court, but under the fed era l 
rules of procedure, you are requ ired  to answ er these 
questions for the  purpose of the  record.

U nder ru le 42,-C, we ask  you w hether or not you 
w ere aw are in the S ta te  of M ississippi and p a rticu la rly  
in the  Coahom a County a rea , th e re  have  been a g rea t 
num ber of a r re s t  of persons in the N.A.A.C.P. and too, 
o ther Civil R ights Groups?

A. I know sev era l people have been  a rre s ted  but 
w hether they  belonged to the N.A.A.C.P. or not, I 
have no w ay  of knowing.
[144:] Q. H ave [you been aw are  of the a r re s t  or 
th a t they  w ere a rre s ted  while p ro testing  in one form  
or fashion the practice of rac ia l segregation?

A. They didn’t  w hen I saw  them . I d idn’t see but 
one or two people w alking. I don’t  know w hat they  
w ere pro testing .

Q. Have you received inform ation in the  sam e 
fashion th a t you received inform ation of the libel 
charge ag a in st Dr. H enry, th a t m any persons have 
been  a rre s ted  w hile p ro testing  racial dem onstrations?

Mr. Wells:
If the Court please, for m aking  our proceedings 

c lear for the  record  to th is evidence, it is not even 
substantia lly  enough to be com petent under the  ru le 
45-C which gives the  Court som e d iscretion  in the 
m atter unless it can be shown there  is some connection 
betw een those a rre s ts  and the  actions by the  defend­

Cross Exam ination (C ontinu ing):



168

an ts  in  th is case w ith reference to the em ploym ent 
or nonem ploym ent of teach ers .

Mr. Bell:
L et me say th is in answ er.

[145] M r. W ells:
It is going fa r  afield of any evidence th a t could 

possibly be re la ted  to any violation of th is p la in tiff’s 
righ ts  under the F o u rteen th  A m endm ent on w hich 
th is suit is predicated and involved in  h e r righ t to 
requ ire  the school B-oard of th is county to give her a 
contract to teach .

Mr. Bell:
Let m e say—

The Court:
The p lain tiff has a righ t unless the Court is able to 

say  the evidence given to any possible theory  of the 
case is not re la ted , and I am not in  a position to say 
th is is his position here.

You may proceed.

Cross E xam ination  (Continuing):

By M r. Bell:
Q. Do you rem em ber the question?'
A. I saw  one dem onstration in  C larksdale. They 

w ent on the s tree ts . They had p laca rd s  around th e ir 
necks. All I saw  on the p lacards w as a Bible read ing  
w hich I d idn’t read. T hat is the  only kind of p ro tes t 
that I have seen.



169

[146] :Q. W hat happened  to  th is  group of people, 
w ere they  a rrested ?

A. I don’t  know.
Q. And then, I ask  you again  on w hat inform ation 

you received, the inform ation about the libel charge, 
th a t  is from  the  new spapers or otherw ise, have you 
com e to know th a t th e re  have been  a la rge  num ber 
of a rre s ts  in the  S ta te  of M ississippi and Coahoma 
County of persons in the N.A.A.C.P. or other Civil 
R ights groups who engaged in one form of p ro tes t or 
another?

A. W hat do you consider a la rg e  num ber of a r ­
rests?

Q. I—
A. I have to gauge it w ith som ething.
Q. I would say  up to two or th ree  hundred  in Coa­

homa County in the last two or th ree  y ears?
A. I hav en ’t any recollection of how m any in the 

la s t two y ears.
Q. I mean a la rg e  num ber over th a t period of time 

of approxim ately  one to two hundred  people?
A. I don’t  know.

[147] Q. I am not asking you w hether you know, 
w hether you obtained inform ation through the new s­
papers or o ther ju s t as you obtained inform ation in 
the case of Noelle H enry’s husband  about the  a rre s t 
of people p ro testing  ra c ia l segregation?

A. There w as, b u t your ideas of num bers don’t  be­
gin to coincide so I don’t know w hat you m ean by 
la rg e  num bers.

Q. I don’t w an t to quibble over the num ber. You 
a re  aw are of the a rre s ts  of persons engaged in 
N.A.A.C.P. activities or Civil R ights A ctivities?



170

Mr. Wells:
May I ask  if the period of tim e he is re fe rring  to 

a re  incidents th a t have happened since M ay of 1962?

Mr. Bell:
They could have happened before tha t. I said  the 

last few y ears  or the la s t two years.

Mr. W ells:
Well, I would like to ask counsel to confine his ques­

tions so we will know w hat the record  m eans.

Mr. Bell:
I would like to ask the questions to get the  respon­

sive answ ers and if you can suggest [149] the w ay 
th a t is going to concur, I will be g lad to do it.

Now the w itness testified—I believe M r. H unter, 
th a t you acted  on the application of Mrs. H enry w hen 
you read in the p ap er about her husband having  been 
convicted in Ju stice  of the  Peace C ourt of which you 
don’t know w hich—convicted of a m ora l charge and 
you la te r  h eard  from  various people about ano ther 
legal action going to be tak en  ag ainst e ither he or 
his wife and now you acted  on the inform ation based 
on the new spapers and I ask you w hether or not you 
obtained inform ation over the la s t two years  about 
the a rre s t of persons who w ere protesting ra c ia l seg­
regation  in Coahom a County in  the sam e way?

A. I told you I did, but you said  la rg e  num bers 
and I d idn’t agree.

Q. Well, le t’s tak e  those that you a re  fam ilar w ith 
in the  Coahom a County a re a  as to those, do you re ­
call w hat the charges w ere th a t w ere p laced  ag ainst 
them ?



171

A. I believe parading w ithout a perm it.
[150] Q. Now, do you recall the activ ity  in which 
these persons w ere engaged a t the tim e they w ere 
a rre sted ?

A. I saw  one.
Q. I would like you to re fe r to the sam e type of 

inform ation, new spaper or otherw ise on which you 
based  your actions again st M rs. H enry, how did the 
new spapers re fe r to this?

A. T hat is w hat the new spapers charged, they  w ere 
parading.

Q. Did it ind icate they  w ere carry ing  signs?
A. I don’t  know.
I saw one w ith Bible sc rip tu res  on them .
Q. Now, do you know w hether in the la s t few y ears  

back in Jackson, M ississippi a re a  th e re  w ere a la rg e  
group of people came in and who were categorized 
as the “F reedom  R id er”— a large  num ber of them  
w ere a rre sted  as a resu lt of that activity?

Mr. Wells:
If the Court p lease, I believe th is is going fa r  afield. 

Mr. Bell:
Tt’s all the sam e thine-. It is perfectly fa ir  th a t as 

a m a tte r  of fa c t persons who a re  intim idated because 
of th e ir Civil R ights beliefs in th is state  or o ther states 
are not a rre s ted  and charged  w ith having indicated  
integration. They a re  [1511 a rrested  for b reach  of peace. 
They are arrested for parading without a license as 
they  a re  a rre s ted  on m oral charges.

T h a t is th e  re le v a n c e  of th is  h n e  of m o u irv  a n d  th e  
re lPvancv to  th e  ac tio n  ta k e n  by  th e  S u p e r in te n d e n t 
th a t  h a v in g  a r r e s te d  in  th e  sa m e  fa sh io n  on som e



172

of the sam e charges th a t hundreds of o ther N egroes 
have been a rrested  for p ro testing  segregation.

This m an  took no fu rth e r—went no fu r th e r but 
im m ediately acted and refused  to reh ire  D r. H enry’s 
wife, the p lain tiff in th is case and this is why we feel 
it is re levan t.

The Court:
These o ther people who you re fe r w ere not ap­

plicants for teach ing  positions in Coahoma County 
School System , w ere they?

Mr. Bell:
No, Your Honor.

The Court:
I th ink  you a re  going fa r  afield. The objection is 

sustained.

Mr. Bell:
Ju s t one second.
Thank you. We have no fu rther questions.

[152] The Court:
Any fu rth e r questions of th is w itness?

Mr. Wells:
Ju s t a minute, Your Honor.

Did we in troduce into evidence the Exhibits or 
only for identification?

Mr. M aynard:
No, I introduced them.
The D efendants rest, Your Honor.



173

The Court:
Anything m ore from  the plaintiff?

Mr. Bell:
No, sir.

The Court:
W hat would be your disposition do you w ish to 

p resen t o ral a rgum ents, briefs or w hat?

Mr. Bell:
Which ever the Court prefers.

Mr. M aynard:
W hatever the  Court w ishes.

The Court:
Which would you p re fe r for the plaintiff. I th ink 

your wishes would be paramount?

Mr. Bell:
Your Honor, I th ink the plaintiff would be of g re a te r  

assistance by the Court by providing w ritten  briefs.

[153] The Court:
W hat is your estim ate of time for you to brief the  

m atter according to your satisfaction?

Mr. Bell:
I probably won’t need m ore th an  a w eek or ten  

days.

The Court:
Would ten  days be all right?



Mr. M aynard: 
Yes, sir.

174

The Court:
Ten days for the p lain tiff and ten  days for the de­

fendan t a fte r service of the p lain tiff’s briefs.
If you need rebuttal, ask for it, otherw ise I take  it 

on one brief from each  side.
A nything fu rther?
Court is adjourned.

(W hereupon Court w as ad journed  a t th ree  th irty
P. M.)



DO « £ f « C t .

Contract Of Employment

WHEREAS, the undersigned ....*0®11®.Me. H®“ T ........................ - - h a s  been duly selected and sppswed
In the manner provided in House Bill No. 11. Extraordinary Session of 1953, tor the position of

T— Ch f ....... ..... ............. ......................of the ............................................ — ........................School District tor th»
Supt., PrincFpai or Teacher

scholastic yean of and

WHEREAS, the undersigned. ^  by said House Bill No. SI, Extraordinary

Session of 1953, to enter into a contract with said ---------- ------------------------------------------- evisIsmeiME the
terms, conditions and provisions of said employment; now

- 3
CJ1

THEREFORE, for the mutual considerations hereinafter expressed, it is hereby agreed and stipulated as 
follows:

1. That the said... ............................................... .........is hereby employed as

............ V cC load _...........School of the .......... Costs*® C o on ty  « e g ro

1961-62 i k m  l a n n t k  o f  i K o  c n K / v n l  f n e m  K n i n a  ^

f e a te *
_______of

School District forth e .............. _ .......

the scholastic years , the length of the school term being 9 months.

2. That the said. l o e l l i  M« Bwwar hereby accepts such employment and obligates himself

to perform such duties as are required by law or by the board of trustees of the H®|gP@ School District,

and to perform his duties a s ............. in a satisfactory manner and in accordance with the policies,

rules, and regulations of the State Board of Education, the C o A c *  County Board of Education and

the board of trustees of said school district.

3. That the annual salary to be paid to said Hoe l ie  M. Hamy for said services

for each scholastic year shall be, either
A. The sum of the following three amounts: (a) An amount from the minimum program salary fund equal 

to the state salary schedule or whatever percentage of said schedule minimum program funds will provide

in accordance with Senate Bill 1205, Section 5(c), Extraordinary Session of 1953; (b) the sum of $__________

from the maintenance fund of the......................—------ _ _ _ _ _ ............. .......... ......................... School District:

(c) the sum of $ ............... .... ....................from -----------------------------------------------------------------fund (a);

or

B. A fixed amount of ). & 50.00_____ composed of whatever amount said employee is entitled to from 
minimum program salary fund plus the difference between said amount and the fixed annual salary,

payable out of“ S?_ m a t *  fund(s).

Said salary shall be paid ln_......----------- -------------- installments of ------------------------ each, with
the first such payment to be made on the last day of the month in which the school opens or the last day of 
the scholastic month, whichever is applicable, and the remaining payments to be made on the last day of each

o
month (or last day of scholastic month, whichever Is applicable) thereafter until_______ ___________ such pay­
ments have been made.

4. In all respects, this contract shall be subject to all of the applicable provisions of House Bill No. 11, 
Extraordinary Session of 1953, and any other applicable statute, and all such provisions are hereby incorporated 
as a part of this contract by express reference thereto.

^Witness our signatures this the

N ot?  T h u  fo rm  m ay  b e  u sed  by  s e p a ra te  
schoo l d is tr ic t  s u p e r in te n d e n ts  by d ra w in g  
a lin e  th ro u g h  C o u n ty  of
E d u c a tio n  ' u n d e r  th e ir  s ig n a tu re s

3 0 th day of 6 l

County Superintendent of Education

2 0 8



mm&m to  o ?  y  /^ a n c a t io n IS N m tix

STATS Of

COUNTY Of ^ ^ ' - l ^ CrTTi/k,----

N o e l i e  K . Henry

b*jpvg qn applicant for fh« petition of----------------------------------------------------------- -----------------------------------------— —■

^ __________  McCloud Ju n ior  High School_______ _______________________________
{ H w m t  o4  ecfe««4 « r k*»rtfe*t4®»»)

____________  F a r r e l l  , MiSSe____________ ________ „ b#ing first duly sworn, do
hereby d*po»» and *ay that I am now or hav® b»«n within th« past 5 y««rs 0  member of the following organ­
ization* and no othemi
y OtOAMIXATIOWS |

Nome I Address

Haven M ethodis t  Church & I t s  A u x i l i a r i e s  C l a r k s d a l e ,  K i s s . ___________

Third C o n g r e s s i o n a l  D l s t .  T. A . ______________________ _________ _________ _
American T each ers  A s s o c i a t i o n  _______ Montgomery , Alabama ______ _

County T each ers  A s s o c i a t i o n _______  _______ C la r k s d a le  , H i s s . _________
M i s s i s s i p p i  S t a t e  T each ers  A s s o c i a t i on Jack son ,  M i s s , _______ _

N a t io n a l  E d u cat ion  A s s o c i a t i o n  of  th e  U. S . ______ ______________ ____________

American Left Ion A u x i l i a r y  _________ ____________ ________ ______ ____ __________

North M l s s l s s l r p l  M ed ica l ,  D e n t a l ,  _____________ ____________ _________ — —
P h a r m a c e u t i c a l  and Nurses A u x i l i a r y
and further, that I am  now paying, or within the p ast fhre (5) years h«v» paid, regular dw«* ©r mad* re­
gu lar contributions to tb# following organizations an d  wo other*!

ORGANIZATIONS
Nam® Address

Red Cross  _____

Heart Fund________________
March o f  Dimes__________ _
Boy S c o u t s o f  America

American Cancer S o c i e t y

Sworn to and subscrlbod b«f©re m®»

M* Commission £*pl<ei Juns ^  ^

J&h

E l k s  C lu b

F r i e n d s h i p  F e d e r a l  C r e d i t  U n i o n  •
\Coahoma County Educational Federal Credit Union 

Jackson College Alumni Club ■



177

D EFT. EXH. # 2 .

M ay 8, 1962.

At the regu lar m eeting of the Coahoma County 
Board of E ducation  held a t 10:00 A.M. on May 8, 1962, 
C hairm an Wise w as the only m em ber p resen t. There 
being no quorum  presen t, Chairman Wise d irec ted  
th a t the m eeting be ad journed  over until 7:45 P.M. 
M ay 8, 1962.

M ay 8, 1962.

At the adjourned over m eeting  of the reg u la r m eet­
ing of the Coahom a County Board of E ducation  the 
following m em bers w ere present: S. B. Wise, S. H. 
Kyle and ’G rah am  Bram lett.

The read ing  of the m inutes of the previous m eet­
ing w as dispensed with.

Attorney Wm. H. Maynard stated to the Board that 
the Board of T rustees of the C larksdale M unicipal 
Separate  School D istrict would ag ree  to include its 
portion of the Sixteenth  Section P rin cip al Funds of 
Section 16, Township 27, Range 4, Coahoma County, 
M ississippi, in aiding in the  construction of the 
C larksdale-Coahom a High School building provided 
an am endm ent allowing the sam e w as m ade to th a t 
certa in  contract m ade and en tered  into by and be­
tw een C larksdale M unicipal S epara te  School D istrict 
and Coahoma County School D istric t on the 13th day 
of September, 1960, w ith reference to the jo int opera­
tion of the senior and junior high schools in the coun­



178

ty, and the said am endm ent approved by the S ta te  
Educational F inance Commission.

A fter full discussion a motion w as m ade by G raham  
Bramlett, seconded by S. H. Kyle, and unanimously 
carried  th a t the following resolution be adopted:

Resolution.

W hereas, the B oard  of T rustees of C larksdale 
M unicipal S epara te  School D istric t of Coahoma Coun­
ty, M ississippi, has indicated th a t it is willing for 
its portion of S ixteenth  Section Principal Funds of 
Coahoma County, M ississippi, which include Six­
teen th  Section P rincipal Funds of Section 16, Town­
ship 2,7, Range 4, to be used in aiding in the construc­
tion of Clarksdale-Coahom a High School building in 
Coahoma County, M ississippi; and

W hereas, in  o rder th a t said  funds be so used it is 
n ecessary  to  am end th a t certain  contract e n te red  
into between Clarksdale Municipal Separate School 
D istrict, Coahoma County, M ississippi, by its B-oard 
of T rustees, and Coahom a County School D istric t 
of Coahoma County, M ississippi, by its  B oard of 
Education, on the 13th day of Septem ber, 1960, which 
con trac t dealt, among other things, w ith the con­
struction and operation of a high school building;

Now, Therefore, be it Resolved, That, sub jec t to 
the approval of C larksda le  M unicipal S epara te  School 
D istrict of Coahoma County, M ississippi, Section A-l) 
of th a t certain  con tract m ade and en tered  into by 
and betw een C larksdale Municipal S epara te  School 
D istrict, Coahoma County, M ississippi, by its Board



179

of T rustees, and Coahoma County School D istric t 
of Coahoma County, M ississippi, by its B oard of E du­
cation, on the 13th day of Septem ber, 1960, be, and 
the  sam e is hereby, am ended to read  as follows:

“ (1) P a rty  of the second p a r t  shall use its every 
influence to have a successful bond issue election 
which will be called in th is d is tric t to subm it to the 
vo ters of th a t d istrict the proposition as to w hether 
bonds of said  d is tric t shall be issued in the p rin ­
cipal sum of $1,200,000 for the purpose of providing 
money needed to construct a m odern Senior High 
School large enough to provide adequately  for the edu­
cational needs of w hite students in school g rades ten  
through tw elve who reside in the school d is tric ts  of 
the p a rtie s  hereto . In the event said  bond issue c a r­
rie s  w ith the  requ isite  vote requ ired  by law, p a rty  
of the  second p a rt shall use the  proceeds from  the said 
bond issue afte r deducting said  bond expenses, for 
the purpose of erecting  the school building re fe rred  
to above, and a t the option of the  p a rty  of the firs t 
p a r t m ay be aided in the paym ent of said  school 
building by the p a rty  of the firs t part by use of its 
portion of m oney of the S ixteenth  Section P rincipal 
Funds of Section 16, Township 27, Range 4 W est, 
Coahom a County, M ississippi.”

Be it fu rth e r Resolved, That in the event the State 
E ducational F inance  Commission approves the 
amendm ent set fo rth  in the foregoing p a rag rap h  of 
th is resolution and the Board of T rustees of C larks- 
dale M unicipal S epara te  School D istric t agrees to the 
expenditu re  provided thereunder th a t the B oard of 
Education of Coahoma County, M ississippi, expend



180

all th a t portion of the P rincipal Funds of Section 16, 
Township 27, Range 4 West, Coahoma County, Mis­
sissippi, a ttrib u tab le  to or belonging to C larksdale 
Municipal S epara te  School D istric t in aiding in the 
construction of the Clarksdale-Coahom a High School 
building.

On motion, by G raham  B ram lett, seconded by S. H. 
Kyle and unanim ously approved, the  low bid of S tand­
a rd  Oil Co. for gasoline for the m onth  of M ay w as 
accepted. This bid was in the amount of 11.40c per 
gallon w ith 1% discount-30 days.

Claims 1330 through 1489, inclusive, w ere approved 
by the B eard  for paym ent.

On motion by S. H. Kyle, seconded by G raham  
B ram lett and unanim ously adopted, the B oard agreed  
to move the house known as the “Coach’s Home” 
located a t the Sunflower School to the site of the 
new Africa-Roundaway Colored School to be used 
as a c a re tak e r’s home or faculty  m em ber’s home 
in o rder th a t they m ight keep w atch  over the prop­
erty . The bid of H ayes M overs in the amount 
of $450.00 w as accepted.

On m otion by S. H. Kyle, seconded by G raham  
B ram lett and unanim ously approved, the following 
list of equipm ent for the Africa-Roundaway School 
as recom m ended by the Superintendent w as approved 
for purchase:



No. Description
26 Prim ary tables

248 Prim ary Chairs
165 15" Tablet arm chairs
75 17" Tablet arm chairs
16 General Purpose chairs
4 Home Ec. tables

32 Home Ec. chairs
4 Sewing machines

400 Folding chairs
10 Folding tables

100 Oak stools
1 Refrigerator
1 Cafe Range

Silverware
12 doz. Plastic tumblers

1 Electric mixer
1 Swivel chair
1 Floor polisher
1 Milk cooler
3 Garbage Cans

Successful Bidder- Amount
Miss- School Supply Co. $ 663.00
Miss. School Supply Co. 1,091.20
Miss. School Supply Co. 1,287.00
Miss. School Supply Co. 633.75
Miss. School Supply Co. 99.20
Central School Supply Co. 177.80
Central School Supply Co- 179.84
Singer Sewing Machine Co. 353.00
Central School Supply Co. 1,308.00
Central School Supply Co. 259.70
Miss. School Supply Co. 365.00
Sulkin-Tate, Inc. 494.40

House-Bond Co. 53.05
House-Bond Co-. 15-60
Sulkin-Tate Co. 265.00
Miss. School Supply 21.60
Miss. School Supply 245.00
Sulkin-Tate Co. 264.00
House-Bond Co. 18.45



182

N egro T eachers E lected  for 1962-1963 School Session.
May 8, 1962.

A frica-Roundaw ay:
J . P . Myles, Phyllis D. E rv in , Edw ard A. Queen, 

Jew ett Conner, H enry Allen, M artha  Holmes, M arie 
S tew art, M arganna P ark er, Annie L. Myles, G erald­
ine E. Brown, B ea trice  S treet, O. L. Spragin, Bessie 
Louise Davis, G ertrude  Ingram , Johnnie B. Strong.

Dublin:
R. S. Willis, Lena B-. Mixon, Annis A. Poindexter, 

Vernice E. R encher, M andie C. Jefferson, E ssie  Belle 
Williams, Cozetta M. W hite, Jean  C. D upree, Willie 
Mae F ields, Carolyn J. W illiam s, Joseph N. R ichard­
son, E v a  N. Gibbs, Ora L. Sexton, Samuel E. Wil­
liams, Timothy L. Gates, Willie L. N orphlet, J . D. 
M ontgomery, M ary H. Shannon, M ary B. W edding- 
ton Johnson, K a th ry n  G. MlcDougal, Tommie W il­
iam s.

E astover:
Delia V. Brinson.

F r ia rs  Point:
L. C. Scott, M elville C. Tillis, Helen C. Scott, Lu- 

c re tia  C. Jones, M ary P. Ying, L illian O. H um phries, 
Rubye D. Humphries, Eugene Howard, Rudolphia R. 
Hall, B erth a  B. Riley, Rubye B. H ughes, Irene Gil­
bert, M ary H. Hoosman, D elores D. Tunson, Iola 
Dawson, Alice Randle.



183

Hopson:
M argare t K. Chapm an, G race Terrell, Belzoni 

Coates, Louella K. S ingletary .

Hull:
W. J . Jones, Inell May, V ivian M. Jones, Jam es 

Shelby,, E m m a Jea n  Robinson, Vernettia L.< Wed- 
dington, F ran k  Bluntson, Allie D. A nderson, A lberta  
Stone, Willie L. Greenwood, M arie E. H arris , Chris­
tine P. Jenkins.

Jonestow n:
J. W. Poindexter, V. L. Rencher, W infield Cun­

ningham , L. P . Jones, H arry  Hum phries, M yrtle B. 
Shanks, E dna  P. Luckett, Johnny W ashington, Jean  
M. D erry, Irene T. Arm strong, Addye B. Poindexter, 
B eatrice D. Scott, V era I. Jefferson , M ary H. Brown, 
M ary Helen Delk, Delia W illiams, L au ra  B. F ields, 
M attie B. T ro tter, P inkie Davis, Ruby Glass, Lela B-. 
Cooper.

L u la :
Lula E. Pendleton, L a rry  D. Jackson, E lizabeth  

Bowie Wilson, Velma F ea therstone  G ates, M aenetta  
A. Williams. Alene Cosey, G lorist Jackson, Lula D. 
W eeks, R achel V. Shelby, Rubye B. Cosby, R osa 
A rm strong, Rosie Mae Shelby, Annie J. Billups, Addie 
Mae Beaslev. B ernice J. W right.

Lyon:
J . D. W illiams, Thelm a P. P iggie. S a rah  Lee Sims, 

M argie Mason, S ara  B. Cannon, M ary Agnes Lee, 
Emma T .aira  Mason. Rosetta S. B lade. Sid.nev W al­
lace. B lanche L, Stacks, L e a ra  L. Thompson, Jam es



184

Shanks, R uth K. Hall, Lee E tta  Jones, Charles H. 
Jones, Lula Mae Payne, Selm a G. W illiams, Yvonne 
Rich.

McCloud:
Charles H. Ball, E lla  M. Compton, Thelma Melchor, 

M ary E. M arshall, D avid C. H arris , Em m a J . Long, 
W illiam H. Gatewood, Annye E . D augherty .

S herard :
F. W. Palm er, M abeline T. F low ers, R osetta  H. 

B rantley , Blanche P alm er, A udrey Rail, Mamie S. 
Gipson, M atilda D .Jam es, B enjam in F . Jones, Eve 
lyn S. Gooden, F oster James, J e a n  A. P alm er, E dna  
B. Jo rdan , A lbertine C. Neely, F lorence W. Hicks.

Sycam ore:
Ida  M ae Jackson  T urner.

Sandy Bayou:
Dorothy Moore A rm strong, Isiah  Brown, McKinley 

M artin, Law rence Furdge.

The Board approved a lis t of negro teachers  for 
the colored county schools, this list being on file in 
the office of the Superin tendent.

On motion by Graham. R ram lett, seconded by S. H. 
Kyle and unanim ously adopted, the Superin tendent 
w as instructed  to req u est from the Educational F i­
nance Commission a bid date for equipm ent for the 
addition at the F r ia rs  Point Colored School.

On motion by S. H. Kyle, seconded by G raham  
B ram lett and unanim ously adopted, the following



185

construction change orders for the Clarksdale-Coa- 
hom a High School w ere approved:

One (1) Aluminum Sliding Window with steel
wire guards—material and labor .............. $ 97.75

Two (2) Standard Single Modern folding doors,
complete—labor and material ....................  177.00

One (1) Kinear Steel Rolling Door—labor and
material ............................................................. 332.00

For furnishing six (6) Wasco Vent Domes with
fans ..................................................................... 1,536-00

For furnishing conduit in the P. E. classroom,
#189, for telephone location ........................  45.00

For furnishing and installing grill in the duct
of Room 72 ....................................................... 55.00

$ 2,242.75
Plus 10% overhead and profit .........................  224.27

2,467.02
Nine (9)
Four (4) outlets for Drivers’ Trainer unit for a

total of ............................................................... $ 208.00
Installing one (1) 5 HP outlet in woodshop . . 57.00

$ 265.00

The m eeting w as ad journed  over until May 15, 
1962, a t 7:45 P.M . to complete the agenda.

S. B. WISE,
PAUL M. HUNTER.

State of M ississippi,
County of Coahoma.

I, P au l M. H unter, County Superin tendent of E du­
cation and Secretary  of the B oard of E ducation  of



186

Coahom a County, M ississippi, do hereby  certify  th a t 
the above and foregoing contains a whole, tru e  and 
correct copy of M inutes of M ay 8, 1963, as the  sam e 
appears on file and  of record  in Book III, P ag es  
203-205, of the reco rds in  my office, a t C larksdale, 
Miss.

W itness my H and and Seal, th is the . ■ day of . . , 
1963.

(Seal) PAUL M. HUNTER.

DEFT. EXH. # 3 .

M ay 14, 1963.

The reg u la r m eeting  of the Coahoma County B oard 
of E duca tion  w as held on the above date  w ith the 
following m em bers p resent: S. B. Wise, S. H. Kyle, 
J . F . Hum ber, J r . ,  G raham  B ram le tt and C. M. 
Allen.

Claims 3065 th rough  3196, inclusive, w ere approved 
for paym ent.

M inutes of the previous m eeting  w ere read  and 
approved.

M r. T. H. P e a rso n  and M r. M axwell, rep resen ting  
Hamm G rain  Co. of W ichita, K ansas, ap p eared  before 
the Board asking th a t th ree  (3) ac res  of the Lula- 
Rich School site be sold to them  for the erection  of 
a g ra in  elevator. The following m otion w as offered 
by M r. S. H. Kyle, seconded by M r. G raham  Bram -



187

le tt: the  th ree  (3) acres suggested  be ad vertised  
for sale  w ith bids to be recieved by 10:00 A.M. June 
11; th a t a 60-day lease be given to the Hamm Grain 
Co. of the th ree  (3) acres of ground or until the sale 
is finalized; th a t no price less than  $2000.00 per acre  
be accepted. The above motion was unanimously passed.

Bids for gasoline for the m onth of M ay w ere opened 
and on a  m otion by S. H. Kyle, seconded by C. M. 
Allen and unanim ously approved, the con trac t w as 
aw arded  to the low est bidder, that being the A m eri­
can Oil Co., the price being 11c per gallon w ith 1% 
discount-30 days.

Bids w ere opened for a new electrical sw itch panel 
for the Jonestow n E lem en ta ry  W hite School and on 
a m otion by J. F . Humber, J r . ,  seconded by C. M. 
Allen and unanim ously approved, the contract w as 
aw arded to the low bidder, th a t being F  & M E lec­
tr ic  Co. of C larksdale in the am ount of $205.65.

Bids vrere opened for the w iring  of the cafe te ria  
addition a t the F r ia rs  P oin t White E lem entary School, 
and on a motion by C. M. Allen, seconded by G raham  
B ram lett and unanim ously adopted, Coker H eating, 
Plum bing and E lec tric t Co. w as aw arded the contract 
as being the best bid and the am ount being $162.75.

On a motion by S. H. Kyle, seconded by C. M. Allen 
and unanim ously adopted, the school ca lendar for 
the colored schools for the year 1963-64, as recom­
m ended by the Superintendent, w as approved.



188

On a m otion by G rah am  B ram lett, seconded by 
J . F . Hum ber, J r .  and unanim ously  adopted, the 
school calendar for the w hite schools for the y ea r 
1963-64, as recom m ended by the Superin tendent, 
w as approved.

The B oard in struc ted  the Superin tendent to contact 
the  E ducation  F inance Commission to ask  for a bid 
da te  of June  17 for the purpose of receiv ing  bids for 
the lighting p ro jec ts  at the Jonestow n and Dublin 
A ttendance C enters. The sam e date is to be used to 
receive bids for the F r ia r s  P oin t A ttendance C enter 
which is not an Educational F inance Commission 
project.

The Superin tenden t reported  th a t there  w as a  ques­
tion as to the safe ty  of the  s team  boiler a t the Dublin 
E lem en tary  W hite School and a fte r considerable d is­
cussion S. H. Kyle offered the following m otion which 
was seconded by C. M. Allen: the Superin tendent
employ a consulting eng ineer who is qualified to 
m ake a complete inspection and study of the  ex ist­
ing boiler and m ake a rep o rt of sam e to the B oard. 
The m otion w as unanim ously  carried .

On a m otion by S. H. Kyle, seconded by J . F . Hum­
ber, J r .  and unanim ously adopted, the  B oard  ap­
proved Jeanes Supervisor W hite’s tak ing  p a rt in a 
w orkshop Ju ly  8 to A ugust 10.

A list of colored teach ers  for the 1963-64 school 
te rm  w as sub m itted  and recom m ended by the Super­
in tendent. On a m otion by S. H. Kyle, seconded by



189

G rah am  B ram le tt and unanim ously passed , the  fol­
lowing list was approved:

A frica-R oundaw ay School:
1. Annie L. Myles. 2. M arganna P a rk e r . 3. Dixie 

G. Flow ers. 4. M arie F. S tew ard. 5. M artilda  D. 
Jam es . 6. Bessie L. D avis. 7. G ertrude  Ingram . 8. 
Johnnie B. Strong. 9. M artha  W. Holm es. 10. O. L. 
Spragin. 11. H enry  Allen. 12. E dw ard  A. Queen. 13. 
Phyllis D. E rv in . 14. B eatrice S treet. 15. Jew ett Con­
ner. 16. H en rie tta  Spragin. 17. F o s te r Jam es. 18. G er­
aldine Brown.

Dublin School:
1. L ena B. Mison. 2. W illie M. F ields. 3. V ernice 

S. R encher. 4. M andie C. Jefferson . 5. C ozetta M. 
W hite. 6. E ssie  B. W illiam s. 7. Jea n  C. D upree. 8. 
C arolyn J. W illiams. 9. Annis A. Poindexter. 10. O ra 
L. Sexton. 11. Joseph N. Richardson. 12. M ary H. 
Shannon. 13. Timothy L. G ates. 14. W illie L. N orphlet. 
15. J . D. M ontgom ery. 16. K athryn G. McDougal.
17. M ary W. Johnson. 18. E v a  N. Gibbs. 19. Tom m ie
W illiams. 20...........................................

F r ia r s  Point:
1. Melville C. Tillis. 2. L ucre tia  Jones. 3. Annie 

E . D augherty . 4. L illian O. H um phries. 5. M ary H. 
Hoosman. 6. Eugene H ow ard. 7. R uby D. H um phries. 
8. Tola L. Dawson. 9. T helm a M. M elchor. 10. Rud- 
olphia R. Hall. 11. M ary M. M arshall. 12. Em m a J. 
Long. 13. M ary P. Ying. 14. Alice R andle. 15. Ruby 
B. Hughes. 16. Willie B. M artin. 17. E lla M ary Compton.
18. B erth a  Riley. 19. H elen iC. Scott.



190

Hopson:
1. G race Terrell. 2. Louella S ingletary  3. Belzoni 

Coates.

Hull School:
1. Christine Jenkins. 2. Marie F, Harris. 3. Willie 

L. Greenwood. 4. James Austin Shelby. 5. Allie D. 
A nderson. 6. F ra n k  Bluntson, J r .  7. V ern e tta  L. Wed- 
dington. 8. Inell May. 9. V ivian M. Jones. 10. A lberta 
Stone.

Jonestow n School:
1. W infield Cunningham . 2. E d n a  P. Luckett. 

3. M yrtle B. Shanks. 4. V arn er L. R encher. 5. Leroy 
P . Jones. 6. H a rry  C. H um phries. 7. Johnny W ashing­
ton. 8. Jean D. F raz ie r. 9. Irene T. A rm strong . 10. 
Thom as J. R eed. 11. Addye B. P o index ter. 12. B ea t­
rice  D. Scott. 13. V era  I. Jefferson . 14. M ary H. 
Erown. 15. M ary  H. Delk. 16. D elia H. W illiams. 17. 
L au ra  F . W illiams. 18. Sadie H arris . 19. M attie P. 
T ro tter. 20. Rubv H. G lass. 21. P inkie D avis. 2^. 
Lela B. Cooper.

Lula School:
1. Larry  D. Jackson. 2. E lizabeth B. Wilson. 3. 

V elm a F . G ates. 4. G lorist E . Jackson. 5. Alen Cosey.
6. Lula D. W eeks. 7. R achel V. Shelby. 8. R ubye B. 
Cosby. 9. R osa A rm strong. 10. Rosie M. Shelby. 11. 
Annie J. Billups. 12. M aenetta. A. W illiams. 13. E dith
W alls. 14.........................................

Lvon School:
1. Thelm a P. P iggie. 2. Sarah Lee Sims. 3. M argie 

Mason. 4. S a ra  B. Cannon. 5. E m m a  L au ra  Mason. 
6. M ary Agnes Lee. 7. R ose tta  S. B lade. 8. Sidney



191

W allace. 9. B lanche L. S tacks. 10. Leara L. Thom p­
son, 11. Jam es A. Shanks. 12. R uth K. Hall. 13. Lee 
E tta  Jones. 14. C harles H. Jones. 15. Jam es Piggie. 
16. Lula M. P ayne. 17. Selma G. W illiams. 18. Yvonne 
Rich. 19. Allen F ish er, J r .

S herard  School:
1. A lbertine C. Neely. 2. D elia V. Brinson. 3. M abe- 

line F. Floyd. 4. R osetta  H. B rantley . 5. E velyn  S. 
Gooden. 6. B lanche T. Palm er. 7. E dna B>. Jo rdan . 8. 
C orrine M. H ebrone. 9. Nannie H. R ichardson. 10. 
M amie S. Gipson. 11. Ida J . Turner. 12. G eorgia R. 
M adden. 13. J e a n  A. Palm er. 14. Elouise H atchett. 
15. A udrey Ball. 16. B en jam in  F . Jones. 17. W illiam s 
H. Gatewood. 18. D avis C. H arris . 19. F lorence W. 
Hicks.

On a m otion by S. H. Kyle, seconded by C. M. Allen 
and unanim ously adopted, the  term s for the  lease  to 
the City of C larksdale of the one (1) acre site located 
in Section 16, Township 27, R ange 4 w ere set a t 
$250.00 for the dura ton  of the 99 y ear lease.

A m otion w as m ade by G raham  B ram le tt, seconded 
by J. F. H um ber, J r . ,  to em ploy m ale  facu lty  m em ­
bers of the  J r . and Sr. High Schools to drive the activity 
busses for nex t y ear w here it is possible to do so. 
The ra te  of pay  is to be a $45.00 p er m onth.

The S uperin tendent w as in s tru c ted  to  make a sug­
gested  p lan  by next m eeting as to how to increase  the 
pay  for the reg u la r bus d rivers.

The B oard approved the req u est of Rev. H erb ert 
G addy to hold a rev iva l in the Sunflower School



192

auditorium  for two w eeks during the su m m er m onths. 
A committee is to be appointed by Rev. G addy to act 
as custodians of the  building and a fa ir  am ount is to 
be paid for the  u tility  bills.

On a m otion by G raham  R ram lett, seconded by C. 
M. Allen and unanim ously  adopted, an additional 
te ac h e r is to be em ployed for the  1963-64 school session 
a t  the Jonestow n A ttendance C enter to teach  the 
fourth  grade.

The S uperin tendent recom m ended the employm ent 
of Miss L inda W omble as a f irs t g rade  teacher a t the 
Jonestow n A ttendance Center for 1963-64 school term . 
S. H. Kyle m ade a m otion th a t th is teacher be em ­
ployed and C. M. Allen seconded the  m otion which 
w as unanim ously carried .

S. H. Kyle m ade a  motion, seconded by G raham  
B ram le tt and unanim ously  adopted, th a t the m anag­
e r ’s house located in Section 16, Township 28, R ange 
4, which land  is now under lease to Mr. H arvey  
Longino, be inspected and if a new roof is needed to 
have sam e installed .

The m eeting adjourned  over until ...................... ■
(S.) S. B. W ISE,
(S.) PAUL M. HUNTER.

I do hereby  certify  tha t the above is a tru e  and 
co rrec t copy of the  m inutes of the Coahoma County 
B oard  of E ducation  of May 14. 1963. M. B. Til. P age  
246.



193

A certified  copy of the  above w as filed in th e  civil 
action case No. D-C43-62 in the d is tric t Court of the
U nited S ta tes for the N orthern  d is tric t of M ississippi, 
D elta division, and was lost.

PAUL M. HUNTER,
(Seal) S ecre tary , Coahoma County

B oard of Education.

MOTION TO AMEND PLEADINGS TO CONFORM 
TO THE EVIDEN CE.

F iled  Aug. 3, 1963.

In the U nited S ta tes D istric t Court, for the N orthern  
D istrict of M ississippi, D elta  Division.

Noelie M. H enry, P lain tiff, 
vs.

Coahom a County Board of E ducation ; P au l M. H unter, 
S uperin tendent, et al., D efendants.

Civil Action No. D-C-43-62.

P lain tiff, p u rsu an t to the  provisions of Rule 15(b), 
F e d e ra l R ules of Civil P rocedu re , moves the  Court for 
leave  to am end the com plain t here in  to conform to the 
evidence introduced a t the tr ia l of the cause as fol­
lows:

I .

By am ending p a ra g ra p h  2 of the  Complaint to read :

This is a  proceeding for a  prelim inary  and perm a­
nent injunction enjoining the Coahoma County Board of



194

Education, its m em bers and its S uperin tendent, from 
refusing to re in sta te  the plain tiff Noelle H enry to her 
position as a teacher in the C oahom a County School 
System  because she and h e r husband, Dr. A aron 
H enry, a re  m em bers of the N ational A ssociation for 
the A dvancem ent of Colored People (NAACP), and 
engage in ce rta in  civil righ ts  activ ities p ro tec ted  by 
the U nited S ta tes  Constitution. M oreover, plaintiff 
sues to enjoin defendan ts from  refusing  to offer h e r 
a con tract because said  refusal, according to the evi­
dence, was based  on the re fu sa l of defendan t S uper­
in tenden t to recom m end her for em ploym ent and th is  
re fu sa l is based  on the  following: (a) D efendant Super­
in tenden t had  h ea rd  th a t  p lain tiff’s husband  had  been 
convicted of d istu rb ing  the peace, bu t had  no fu rth e r 
know ledge thereof; (b) said  defendan t had h eard  
th a t p la in tiffs  husband  w as defendan t in a libel su it 
but had no fu r th e r knowledge thereof; said  defend­
an t had  h e a rd  th a t p la in tiff would be defendant in a 
su it to set aside a  fraudulen t conveyance, said  knowl­
edge having been le a rn ed  from  counsel for plain tiffs 
in said suit, but defendant herein had no fu rther knowl­
edge thereof.

This action also seeks to enjoin the  defendan ts from  
requ iring  p lain tiff to file y early  affidav its listing  all 
organizations to w hich she belongs an d /o r regu larly  
contributes.

II.

By amending the introductory section in paragraph 
5 of the Com plaint to read :

D efendants, acting  under color of the au thority  
vested in them  by the law s of the State of M ississippi



195

failed  and refused  to offer p la in tiff a con tract to teach 
in the Coahoma County schools for the 1982-63 school 
year by reason  of the civil rights activities and associa­
tions designed to end racial discrim ination, engaged in 
by her and h er husband. Moreover, plaintiff sues to 
enjoin defendan ts from refusing  to offer h er a contract 
because said  refusal, according to the  evidence, w as 
based  on the refusal of defendan t S uperin tenden t to 
recom m end her for em ploym ent and th is  re fu sa l is 
based  on the following: (a) D efendant S uperin tendent 
had h eard  th a t p la in tiffs  husband  had  been  convicted 
of d isturb ing  the peace, but had  no fu rth e r knowledge 

thereof; (b) said  defendant had  h eard  th a t p la in tiff’s 
husband w as defendant in a libel suit but had  no fu r­
th e r knowledge thereof; and defendant had h eard  th a t 
p la in tiff would be defendan t in a su it to set aside a 
fraudu len t conveyance, said  knowledge hav ing  been, 
lea rn ed  from  counsel for p lain tiffs in said  suit, but 
defendan t herein  had  no fu rth e r knowledge thereof.

III.

By am ending p a rag rap h  5 of the Complaint by add­
ing subsection ( i ) :

(i) On or about M arch 14, 1962, P au l H unter, the 
S uperin tendent of defendant Board read  in the new s­
p aper th a t D r. Aaron H enry, p la in tiff’s husband, had  
been  a rre s te d  on a m o ra ls  charge  and convicted in 
a Justice of the P eace  Court of d istu rb ing  the  peace, 
and determ ined a t th a t point not to offer p la in tiff a 
con tract for the 1962-63 school y ear. As a resu lt of a 
w ritten  denial by p la in tiff’s husband of the charges 
brought ag a in st him, including a charge  th a t he w as 
being p rosecu ted  because of his civil righ ts  activities,



a  libel su it w as filed against him  on A pril 25, 1962,, 
by the a rre s tin g  officer and the  Coahom a County 
p rosecu tor. On M ay 15, 1962, the p lain tiffs in  the 
libel action filed a  suit against p la in tiff h e re in  ch arg ­
ing a frau d u len t conveyance to h er of D r. H enry’s 
property , w hich action  is pending. Superin tenden t 
H unter now s ta te s  th a t  these  th ree  suits provided the  
basis  on w hich he determ ined  not to offer p la in tiff a 
teaching  contract for the  1962-63 school y ear.

IV.

By am ending p a rag rap h  8 of the  C om plaint to  read :

P la in tif fs  teach ing  record  in the defendan ts’ schools 
h a s  been  excellent, and the  d e fendan ts’ decision not 
in the NAACP, h er husband’s leadersh ip  in the 
NAACP’s p ro g ram  to  end rac ial seg rega tion  in schools 
and other public facilities. To th is ex tent, re fu sa l to 
renew  h er contract denied to h e r due process of law  
and the equal protection of the law s secured by the 
F o u rteen th  A m endm ent to the U nited S ta tes C onstitu­
tion. M oreover, the re fu sa l to employ, allegedly be­
cause of h e r husband’s conviction of d istu rb ing  the 
peace and civil litigation which ensued th e rea fte r , w as 
a rb itra ry  and capricious, vio lating plaintiff s righ ts  to 
due process of law  and the equal protection of the  
law s and constitutes a bill of a tta in d er under the 
F o u rteen th  A m endm ent to the  U nited Staes Constitu­
tion.

V.

By am ending parag rap h  2 of the  W herefore Clause 
to read :



197

2. E n ter a  p re lim inary  and p erm anen t injunction 
requ iring  the denfendants, th e ir agen ts, em ployees, 
successors, and those acting  in concert w ith them , to 
offer p la in tiff a teaching con tract in the Coahoma 
County public schools and to  continue such  con trac­
tu a l basis w ithout re g a rd  to p la in tiff’s constitu tionally  
p ro tec ted  m em bership in the  NAACP, h e r husb an d ’s 
m em bership and leadersh ip  activ ity  in behalf of civil 
righ ts  generally  and the  desegregation  of the public 
schools in p a rticu la r, and w ithout refusing  said  
teach ing  co n trac t for a rb itra ry  reasons including the 
conviction of plaintiff’s husband  in a s ta te  Ju stice  
of the  P e a ce  Court on d isturbance of the peace charges 
and civil litigation growing out of p la in tiffs  husband’s 
assertion  th a t such conviction w as part of a cam paign 
of h a rassm en t because of his civil rig h ts  activities.

(S.) R. JESS BROWN,
(R. Jess  Brown).

1251/2 North Farish Street,
Jackson , M ississippi.

DERRICK A. BELL, JR ., 
(D errick  A. Bell, J r . ) ,

JACK G REEN BERG , 
CONSTANCE BAKER MOT­

LEY,
A ttorneys for P lain tiff.

10 Columbus Circle,
New Y ork 19, New York.



198

OPINION.

F iled  Dec. 26, 1963.

(Title O m itted.)

P la in tiff filed h e r com plaint against the County 
Superin tenden t of Education and the B oard  of E du­
cation of Coahoma County, M ississippi, alleging th a t 
the board had  fa iled  to reh ire  her as a schoolteacher 
for the school y e a r  1962-1963 because she and her 
husband  a re  and w ere engaged  in certa in  civil righ ts  
activ ities w ith goals and objectives co n tra ry  to the 
policies an dviews of defendants. She seeks injunctive 
relief to req u ire  th a t defendants reh ire  her as a teach­
er. Through in form al assis tance  from  the Court 
and w ith  the cooperation of counsel for defendants 
technical req u irem en ts  of process w ere perfec ted  or 
in effect w aived in o rder to m ake the case triab le  
and to avoid any fu rth e r unnecessary  delay. It w as 
heard  by the Court sitting  w ithout a ju ry  in com plaint 
and answ er. At the conclusion of the hearin g  the 
Court d irected  th a t the case be subm itted on m em ­
orandum  b riefs of the  p a rtie s . W ithin the tim e  fixed 
for p la in tiff’s b rie f to come in, she m oved to amend 
h e r complaint under Rule 15 (b ), F ed e ra l R ules of 
Civil P rocedu re , to conform to the evidence by adding 
as an additional ground for the re lie f sought a lleg a­
tions th a t defendants fa iled  to re-em ploy p lain tiff be­
cause of h e r husband’s involvem ent in law suits and 
a crim inal prosecution and the possibility th a t p la in ­
tiff would be joined in a su it to set aside as fraudulen t, 
conveyances of p roperty  m ade to her by h er husband. 
This motion is onposed by defendants and w as taken



199

w ith the  case for consideration  on briefs. T hat m otion 
w ill be d ea lt w ith  first.

P la in tiff and h e r husband  a re  both N egroes and 
the suit as orig inally  filed was p red ica ted  on the 
theory  th a t defendan ts did not re-em ploy p lain tiff 
because of h er activ ities and the  activ ities of h e r 
husband in the field of civil righ ts  for m em bers of' 
the N egro race . W hile the underly ing  prupose of the 
ru le is to perm it final disposition of a  case on the 
evidence ra th e r  than  on pleadings, th is proposed 
am endm ent would in fac t a lm ost en tire ly  change the; 
c h a rac te r  of the case. In addition, h e re  we are con­
fronted  w ith a  p ecu liar s itua tion  which p resen ts  a; 
serious problem  of notice and an opportunity  to be 
h eard  w ith a full and fa ir  opportunity to develop 
eviden tially  the  point of inquiry  now ra ised  as an issue 
in the case for the first tim e  by the m otion to amend, 
sev era l days a fte r the  h earin g  w as over. The evidence 
w hich form s the basis for the motion came into the  
case in response to questions from, the bench. It did 
not resu lt from  nor w as it developed by questions 

from  counsel. And, it cam e in over objection by p la in ­
tiff.

I t w as then and is now quite obvious that neither 
side had  p repared  to try  the case w ith th is  a re a  of 
inqu iry  in mind. It w as equally  apparen t th a t ne ither 
side a t the  h earin g  considered th a t the Court’s in­
quiry  had  in jec ted  a new  issue into the case. W ith 
reasonab le  notice th e re  can be little  doubt but th a t 
th is aspect of the controversy could be much m ore 
fully developed.

Second thoughts now m ake it seem  th a t th is Court 
m igh t have been  dere lic t in not d irec ting  a supple­



200

m enta l hearing , w ith reasonab le  notice, for the  full 
ev iden tial developm ent of only th is one aspect of the 
controversy . U ndoubtedly, if p la in tiff had  m oved 
prom ptly to am end a t  the  close of the hearing  such 
a course of action th en  would have  been  followed. 
M odern concepts of ju stice  under our notice p rac tice  
seem  to dictate, in th is situation, w ith  the incom plete 
developm ent of th is a re a  of inquiry, th a t the  am end­
m ent be not now, a t th is late date, allowed.

“As h as  been  pointed out ea rlie r , how ever, fa ir  
notice rem ains essen tial, and p lead ings w ill not be 
deem ed am ended to conform  to the  evidence because 
of a supposed ‘implied consent’ w here the circum ­
stances w ere such th a t the o ther p a r ty  w as not put 
on notice tha t a new issue was being raised * * *. 
The rig h t to am end to conform  to proof is n ecessa rily  
dependent upon the individual fac ts  and circum ­
s tan c e s .” B arro n  & Holtzoff, F ed era l P rac tic e  & P ro ­
cedure, Vol. 1-A, § 449, page 792.

Accordingly, the m otion to am end will be overru led .
However, in o rder th a t  the Court of A ppeals m ay 

have the benefit of th is C ourt’s views w ith  respec t 
to the  incom plete developm ent of the  “law su it” aspect 
of th is case, in the even t of an  appeal, it w ill be 
d ea lt w ith ju s t as if the p la in tiff’s m otion to am end 
had  been susta ined  here.

In  o rder to put all of the questions in th is  case in 
p roper perspec tive  the  s ta tu to ry  system  which exists 
in the S tate  of M ississippi for the em ploym ent of all 
teach e rs  in such a school system  as th a t w ith which 
w e a re  concerned in th is  case m ust be understood.



201

B riefly , th is system  is th a t teachers  have  no tenure , 
bu t a re  em ployed on a  one year con tract basis. These 
con tracts develop by the p rincipal of each  a tten d an ce  
cen te r recom m ending to the county superin tenden t of 
education  te ach e rs  for em ploym ent in his school. If 
the  county superin tenden t ag rees  w ith these recom ­
mendations,- he recom m ends to the county board of 
education  th a t the people so recom m ended be em ­
ployed for th a t school as te ach e rs  for the nex t school 
y ear. If the county superin tenden t does not agree w ith 
the  recom m endations m ade by the  principal, he makes 
recom m endations on his own in itia tive . In  e ith e r event 
the  board  of education is pow erless to employ anyone 
as a te ach e r in such a  public school system  unless 
th a t person is recommended by the county superintend­
ent.! This question was specifically at issue in the 
case of Lott v. S tate, 239 M iss. 97, 121 So. 2d 402 (I960)- 
And the  Court held c learly  th a t the board  of education 
had  no pow er to employ as a te ach e r a person  not 
recom m ended by the  superin tenden t of education.

In  Lott, the  position a t issue w as th a t of p rincipal 
of an attendance center. For tha t position the rec­
ommendation to the board originates with the super­
in tenden t, but the  au thority  of the board  is no dif­
fe re n t.2 In  th a t case  the  superin tenden t recom m ended 
one person  to the  board  for em ploym ent in the posi­
tion, but the board  undertook to employ ano ther who 
for political and personal reasons had not been  rec­
ommended by the superin tendent and the superin tendent 
refused  to give the  board  selected  person  a con tract. 
Suit w as to requ ire  him to  sign the contract. The 
Suprem e Court of M ississippi, in te r alia , said:

1 Miss. Code Ann. (1942) § 6282-07.
2 Miss. Code Ann. (1942) § 6282-05.



2 0 2

“The difficulty  here  a rises  because the board  on 
F eb ru a ry  1 re jec ted  one of the su p erin ten d en t’s re c ­
om m endations and undertook itse lf to exercise  the  full 
appointive pow er. It had the rig h t to re je c t the rec­
om m endation, for cause, but not to m ake the  appoint­
m en t of one not recom m ended.”

* * *

“H ow ever, THE BOARD HAD NO POW ER UNDER 
THE STATUTE TO' MAKE A PPOIN TM EN T OF A 
PRIN CIPA L WHO WAS NOT RECOMMENDED BY 
THE COUNTY SUPERINTENDENT.” (E m phasis 
added.)

The evidence here  is p la in  and uncon trad icted  th a t  
the county superin tenden t did not recom m end p la in ­
tiff for employment. H ence, the board w as w ithout 
any authority  to em ploy h er and should not, th e re ­
fore, p roperly  be in th is case. The board  would be 
p roperly  in the case (if it could be a t all) only if the 
superin tenden t had  recom m ended plain tiff and the 
board  had  declined to follow the recom m endation. 
P la in tiff is en titled  to no re lie f again st the board.

The question ra ised  by the proposed am endm ent 
to the com plaint, w hich has been  re fe rre d  to as the 

.̂ “law su it” p a r t of th is case will be dealt w ith next. 
R esponding to  questions put from  the bench the  ̂
county superin tenden t stated  th a t the reasons for his 

\  re fu sa l to recommend p lain tiff for employm ent w ere 
th a t the husband  of p la in tiff had  been convicted in a 
Court of record  on a m orals charge; th a t two libel 
suits w ere pending against the husband by the Chief 

| \  of Police of the City of C larksdale and the P rosecuting



A ttorney  of Coahom a County, and, th a t he had  been  j 
re liab ly  inform ed th a t p la in tiff would probably be sued 
to set aside as fraudulent, conveyances of property 
m ade to  h e r by h e r husband.

In  essence as the  C ourt und ers tan d s it from  the  
sp a rse  record  m ade on tria l, his position w as th a t 
p la in tiff’s husband had  becom e notorious in the  com­
m unity  and th a t p la in tiff was “ta r re d  w ith  the sam e 
b ru sh ” in the  public mind by reason  of h e r m arriage  
and that she, too, probably would become personally 
and unfavorably  involved in the  public m ind w ith the 
aforem entioned frau d  action. And, th a t because of 
these  c ircum stances she had becom e unsuited  to teach  
young ch ild ren .3 Assuming arguendo for the  m oment 
th a t the su p erin ten d en t’s discretion is sub jec t to jud i­
cial review , it h as  long been  recognized th a t a te a c h - . 
e r of young people occupies a sensitive position j  For 
exam ple, in A dler v. B oard  of Education, 342 U. S. 
485, 96 L. Ed. 517 (1952) it w as said:

“A teach er w orks in a  sensitive a re a  in a school­
room. T here  he shapes the  a ttitu d e  of young m inds 
tow ards the society in w hich they  live. In  this, the 
s ta te  has a  v ita l concern. It m ust p reserv e  the in­
tegrity  of the schools. That the school authorities 
have the  rig h t and the duty to sc reen  the officials, 
teach ers , and employees as to th e ir  fitness to m ain­
ta in  the in tegrity  of the schools as' a p a r t of o rdered  
society, cannot be doubted. One’s associates, p ast and

3 It is also uncontradicted  th a t the superin tenden t did 
not recom m end ano ther teacher for re-em ploy- 
m ent because  of the bad rep u ta tion  for m oral m is­
behav ior of th a t teacher’s spouse.

2U3



204

presen t, as w ell as one’s conduct, m ay p ro perly  foe 
considered in determ ining  fitness and  loyalty . FROM  
I'llViF IM MEMORIAL, ONE’S REPUTATION HAS 
BEEN DETERMINED IN PA RT BY THE COM­
PANY HE K E E P S ,” (E m phasis  added ).

Thus, it would ap p ea r h e re  th a t the superin tenden t 
had  good cause and exercised  a  sound discretion, and 
that his actions should not now be overtu rned .

To deal p roperly  w ith  the one p rinc ipa l question 
p resen ted  by the com plaint it is necessary  to sum ­
m arize  p la in tiff’s theory  w ith respect th e re to  and the 
evidence before the Court. The essence of p la in tiff’s 
theo ry  is th a t she and her husband  are long tim e mem­
bers  of the N ational A ssociation for the A dvancem ent 
of Colored People; th a t her husband  is and  h as  been 
M ississippi p res id en t of th is organization; th a t these 

. activ ities a re  co n tra ry  to the policies and view s of 
defendan ts; th a t  she w as not re-em ployed as a te ac h ­
e r because of these  fac ts; and, th a t  thereby  she w as 
denied h e r rig h ts  co n tra ry  to the Constitution of the 
U nited S tates, especially  am endm ents XIV and V.

It does not req u ire  the cita tion  of any au thority  to 
su sta in  the proposition th a t it w as p la in tiff’s bu rden  
to estab lish  h e r case  on th is theory  by a p reponder­
ance of the  evidence. This she failed  to do. In fact, 
the  plain, uncontrad icted  evidence is th a t ne ith e r h e r 
m em bership nor the  m em bership of h e r husband  in 
the NAACP, nor the activ ities of e ither or both of 
them  in w orking for the  goals and objectives of th is 
o rganization  had  anything to do w ith the  re fu sa l of 
the county superin tenden t to recom m end h e r to the 
board  of education for reem ploym ent for the  school 
y ear 1962-1963.



205

The evidence does show that she w as employed, 
on successive one y e a r con tracts , as a te ac h e r in  th is 
school system  for a  period of e leven  y e a rs  (w ith only 
one b reak  for one year, which ap p aren tly  was a t h e r 
own ch o ice ). It also shows th a t she w as recom m ended 
for re-em ploym ent and th a t she w as reem ployed for 
m any y ears  a fte r  h e r m em bership and the m em ber­
ship of h e r husband in the  NAACP, and the activ ities 
of both in the “civil r ig h ts” a re a  w ere  well known to 
the defendan t superin tenden t and his predecessor on 
th is office. There a re  no ra c ia l or civil righ ts over­
tones in th is record  w ith resp ec t to p la in tiff’s re la tio n ­
ship w ith the public school officials of Coahoma Coun­
ty nor w ith re sp ec t to the fac t th a t she w as not re c ­
ommended for reem ploym ent as a teach er.
. The real reaso n  for the re fu sa l of the superin ten ­
dent to recom m end p lain tiff for reem ploym ent (which 
is uncon trad icted  by any evidence in th is record ) has 
been dealt w ith  here to fo re  in discussing w hat has been 
called the  “law su it” phase of th is case and p la in tiff’s 
m otion to amend.

It also m ust be borne in m ind that p la in tiff had  a 
one y e a r con trac t for the school y e a r 1961-1962, th a t 
th is con trac t w as fully perform ed by the  p a rtie s  th e re ­
to, th a t it ra n  its course and expired . T hat con trac t 
is not and could not be in th is case. By its te rm s and 
under the  s ta tu tes  no rights surv ived  its expiration  
to any of the  contracting  parties. D efendants could 
not have required plaintiff to accept another contract, 
nor can  p lain tiff now req u ire  th a t  she be given a new 
contract. The fac t th a t she had been  employed as a 
te ach e r for one y ea r (or for m ore th an  one y ea r) gave 
h e r no rights to re-em ploym ent for the  school y e a r 
1962-1963, or for any o ther y ear. W hether she would 
or would not be employed for ano ther y e a r  depended



206

en tire ly  on w hether she would or would not be recom ­
m ended by the superin tenden t. He did not recom ­
m end h er. That ends the m atter.

As w as said  also in Lott, supra:

“A lthough political and fac tionaly  considerations 
should not en te r into a recom m endation by a county 
superin tenden t and  an  approval by a county board , 
it is not a jud ic ia l function to determ ine the ex ten t to 
which those fac to rs  affected  Lott and the  b o a rd .”

The laws of the S ta te  of M ississippi, as in te rp re ted  
by its Suprem e Court in Lott a re  binding on th is  Court 
in this case since there is no provison of the con­
stitu tion  or law s of the  U nited S ta tes to  the con tra ry . 
Title 28, U. S. C. § 1652. And, the  evidence is wholly 
insufficient, as has been said, to m ake applicable here  
the constitu tional theory  re lied  on by plaintiff.

It also needs rem em bering that it is not now nor 
has it ever been w ith in  the purview  of jud ic ia l power 
to m ake co n trac ts  for p a rtie s . M onrosa V. C arbon 
B lack Export, Inc., 359 U. S. 180, 3 L. Ed. (2d) 723, 
79 S. 'Ct. 710 (1959); M em phis & L. R. R. Co. v. South­
e rn  Export, 117 U. S. 1, 29 L. Ed. 791, 6 S. Ct. 542 
(1882).

None of the cases cited by p lain tiff can  give h e r 
any rea l comfort. Some of them , for example, deal 
w ith the d ischarge  of te ach e rs  during  the  con trac t 
period. C learly  they  a re  not in point. O thers deal w ith 
the  pow er of a s ta te  w ith  re sp ec t to the creation  of 
s tan d a rd s  for the  adm ission to a profession. These 
have no application here . A nother has to do w ith  a 
suit by Negro te ach e rs  for sa la rie s  equal to those paid



207

for w hite teach e rs . No question of salary  is involved 
in th is case. A nother holds th a t th e re  can  be no d is­
crim ination  in the law  w ith  reference  to the  following 
of occupations. No such d iscrim ina tion  is at issue here . 
All o ther au thorities  cited  a re  equally  beside the 
point, w ith  the  exception of A dler, supra , which in 
p a r t  supports th is  C ourt’s view  of th is controversy .

F rom  what has been said, it seem s obvious th a t 
p la in tiff is not en titled  to the p rinc ipa l re lief sought 
and  th is C ourt will not req u ire  by injunction th a t she 
be re-em ployed as a teach er in the public school sys­
tem  of Coahoma County, M ississippi.

A ncillary to the  p rincipal re lie f sought p la in tiff a t­
tack s  a  requ irem en t of state  law  th a t te ach e rs  an ­
nually  file an  affidavit listing  all o rganizations of 
w hich they  a re  m em bers. Inasm uch as p lain tiff in 
h e r p re sen t s ta tu s  as a non-teacher is not affected by 
th is  requ irem ent, th is issue is now moot.

P la in tiff is en titled  to no re lief and an o rder is being 
en te red  th is d a te  in accordance w ith th is opinion.

This the 23rd day  of D ecem ber, 1963.
CLAUDE F. CLAYTON,

(Claude F . C layton),
D is tric t Judge'.



208

ORDER.

(Title O m itted.)

In accordance w ith the opinion of the  C ourt re leased  
th is  d a te  in th is  cause, it is,

O rdered: i

(2) T hat the m otion of the plaintiff, Noelle M. 
H enry, to am end the p leadings to conform  w ith the 
evidence shall be and is hereb y  overruled .

(2) That the p ra y e r of the  com plaint shall be and 
is hereby  denied and the sam e is hereby  dism issed.

(3) That the defendants are aw arded costs from 
the p lain tiff as they  m ay have in course been taxed .

This the  23rd day of D ecem ber, 1963.
CLAUDE F. CLAYTON,

(Claude F . C layton),
D is tric t Judge.

E nt. C.O. B. 2, p. 568, on Decem ber 26, 1963.



209

NOTICE OF APPEAL.

F iled  Dec. 31,,1963.

In  the U nited S ta tes  D is tric t Court, for the  N orthern  
D is tric t of M ississippi, D elta  Division.

Noelle M. H enry, P lain tiff,
v. C ivil Action No. D-C-43-62- 

Coahoma County B oard  of Education, e t a l., Defendant-

Notice is hereby  given th a t Noelle M. H enry, p la in ­
tiff in th is cause, appeals to the Court of A ppeals for 
the F ifth  C ircuit from  th is C ourt’s o rder of D ecem ber 
2.3, 1963 denying the re lie f p rayed  for in the  com plaint 
and  dism issing sam e, and overru ling  p la in tiff’s mo­
tion to am end the pleadings to conform  w ith the evi­
dence.

Dated: Decem ber 30, 1963.
D ERRICK  A. BELL, JR .,
R. JESS BROWN,

125% N. Farish S treet,
Jackson , M ississippi.

JACK GSREENBERG, 
CONSTANCE BAKER MOT­

LEY ,
DERRICK A. BELL, JR., 

A ttorneys for P lain tiff.
10 Columbus C ircle,

New Y ork 19, New York.



210

PERSO N AL BOND ON A PPEAL SECU RED  BY 
CASH DEPOSIT.

Filed Dec. 31, 1963.

(Title O m itted.)

The plain tiff, Noelle H enry, hav ing  filed notice of 
appeal from  the judgm ent of th is Court on the  31st 
day  of D ecem ber, 1963, to the  U nited S ta tes  Court of 
A ppeals for the  F ifth  C ircuit, herew ith  deposits in the 
R egistry  of the  C ourt the  sum  of Two H undred and 
F ifty  D ollars, sub jec t to the o rders  of the C ourt as 
secu rity  th a t said  appellan t shall p rosecu te  h e r said  
appeal to effect; and th a t  sa id  appellan t shall pay  to 
defendan t Coahoma County B oard  of Education, all 
costs if the appeal is dism issed or the  ju dgm en t af­
firm ed, or such costs as the  appellate  C ourt m ay  
aw ard  if the judgm ent is modified.

DERRICK A. BELL, JR ., 
A ttorney  for P lain tiff.

P L A IN T IF F’S  DESIGNATION OF CONTENTS OF 
RECORD ON A PPEA L.

F iled  Jan . 4, 1964.

(Title Om itted.)

In  conformance w ith Rule 75(a) of the Federal Rules 
of Civil P rocedu re , p la in tiff hereby  files the following 
as the designation of the contents of the record on ap­
peal, w hich record  will be p rep a red  as provided for



211

in  Rule 23(a)(9 ) of the R ules of the U nited States 
Court of A ppeals for the F ifth  Circuit:

1. Complaint.

2. Motion for P re lim in ary  Injunction.

3. A nsw er to Motion for P re lim in ary  Injunction.

4. A nsw er.

5. P la in tif fs  In te rro g a to ries .

61 O bjection to  In te rro g a to ries .

7. O rder w ith  R espect to P a rtie s .

8. A nsw er of D efendants Allen and Hum ber.

9. A ffidavit of Paul M. H unter.

10. M em orandum  Opinion and O rder.

11. A nsw er to In terrogatories.

12. T ria l T ranscrip t, Ju ly  29, 1963 (excluding ex­
h ib its).

13. Motion to Amend P lead ings to Conform to the 
Evidence.

14. Opinion.

15. O rder.



212

16. Notice of A ppeal.

17. This D esignation.

DEFENDANTS’ DESIGNATION OF CONTENTS OF
RECORD.

F iled  Jan . 14, 1964.

(Title O m itted .)

In  addition to th a t portion of the  reco rd  in the  above 
case designa ted  by plaintiff, defendan ts desire  to des­
ignate  all exhibits in troduced by defendan ts in said  
cause.

GEO. F . MAYNARD, JR .,
(Geo. F . M aynard, J r . ) ,

WM. H. MAYNARD,
(Wm. H. M ay n ard ),

S tevens Building
C larksdale , M ississippi.

WILL S. W ELLS,
(Will S. W ells),

Asst. A ttorney G eneral.
S ta te  C apitol Building,

Jackson , M ississippi.



213

MOTION TO EXTEND TIM E FO R FILIN G  RECORD 
AND DOCKETING A PPEA L.

F iled  Feb. 10, 1064.

(Title O m itted.)

P lain tiff in the above cause, pu rsu an t to Rule 73(g), 
F ed era l R ules of Civil P rocedure, th rough th e ir  un ­
dersigned a tto rneys move the C ourt for an  o rder ex­
tending  the tim e w ithin w hich the  reco rd  on appeal 
m ay  be filed h e re in  and the appea l docketed, up to 
and 8ncluding M arch  10, 1964 on the following
grounds:

1. Notice of A ppeal to the U nited S ta tes  Court of 
A ppeals for the  F ifth  C ircuit w as filed h ere in  by plain­
tiff on or about D ecem ber 30, 1963.

2. Since th a t date  counsel for both parties have 
been endeavoring  to co rrect e rro rs  in the Court re ­
p o rte r’s tran sc rip t of the hearin g  of th is case. B e­
cause of the  p ress  of o ther m a tte rs , respec tive  counsel 
have not been  able to complete th is process and th e re ­
fore w ill req u ire  additional tim e in o rder to p rep a re  
the  tra n sc r ip t for forw arding to the F ifth  C ircuit as 
p a r t of the record  on appeal.

W herefore, plaintiff requests that the Court will 
en te r an o rder extending the tim e w ithin  which the 
record  on appeal m ay be filed and the  appeal dock­
eted  in the Court of A ppeals to and including the 10th 
day  of M arch, 1964.



214

D ated: F e b ru a ry  6, 1964.
DERRICK A. BELL, JR .,
R. JESS BfROWN,

1 2 5 y 2  N. Farish Street,
Jackson , M ississippi.

JACK GREENBERG, 
CONSTANCE BAKER MOT- 

LAY,
D ERRICK A. BELL, JR ., 

A ttorneys for P lain tiff.
10 Columbus C ircle,

New Y ork 19, New York.

ORDER.

(Title O m itted.)

P u rsu an t to Rule 73(g), F e d e ra l R ules of Civil P ro ­
cedure, the tim e  for filing the  reco rd  and docketing 
the  appeal in th is  case is ex tended up to and includ­
ing M arch 10, 1964.

CLAUDE F. CLAYTON, 
U nited S ta tes D istric t Judge.

D ated: 10 Feb. 1964.

E n te red  C. O. B. 2, p. 575, on Feb. 11, 1964.



215

MOTION TO FURTHER EX TEND TIME FOR F IL ­
ING RECORD AND DOCKETING APPEAL.

Filed M ar. 6, 1964.

(Title Om itted.)

P la in tiff in the above cause, p u rsu an t to Rule 73(g), 
F e d e ra l R ules of Civil P rocedure, moves the Court 
for an  o rder fu r th e r extending the  time w ithin which 
the reco rd  on appeal m ay be filed h e re in  and the  ap ­
peal docketed up to and including M arch  30, 1964 on 
the  following grounds:

1. Notice of A ppeal to the U nited S ta tes  Court of 
A ppeals for the  F ifth  C ircu it w as filed here in  by p la in ­
tiff on or about Decem ber 30, 1963.

2. Counsel for both p a rtie s  have  p rep a red  and a re  
exchanging lists  containing suggested corrections of 
e rro rs  in the Court re p o rte r’s tra n sc r ip t of the h e a r­
ing in th is case. B ecause counsel for both p a rtie s  m ust 
ag ree  on such corrections, and such corrections m ust 
be m ade on the orig inal of the tran sc rip t, additional 
time will be required  in order to p repare  the tran ­
script for forwarding to the F ifth  Circuit as p a rt of the 
reco rd  on appeal.

3. Counsel for defendan ts have no objection to th is 
req u est for an extension of time.

W herefore, p la in tiff req u ests  that the  Court will 
en te r an o rder extending the tim e w ithin  w hich the 
record  on appeal m ay be filed and the  appeal docketed



216

in  the  Court of A ppeals to and including the  30th day 
of M arch, 1964.

Dated: M arch 5, 1964.
D ERRICK  A. BELL, JR .,
R. JE SS  BROWN,

125% N. Farish Street,
Jackson , M ississippi.

JACK GREENBERG,, 
CONSTANCE BAKER MOT­

LEY,
DERRICK A. BELL, JR ., 

A ttorneys for P la in tiff.
10 Columbus Circle,

New York, New Y ork 10019.

ORDER.

(Title O m itted .)

P u rsu a n t to Rule 73(g), F e d e ra l R ules of Civil P ro ­
cedure, the tim e for filing the reco rd  and docketing 
the appeal in th is case is ex tended up to and includ­
ing M arch 30, 1964.

CLAUDE F. CLAYTON,
U nited S ta tes D is tric t Judge.

Dated: 6 M arch 1964.

E n te red  C. O, B. 2, p. 584, on M arch  6, 1964.



217

In  the District Court of the United States, for the
N orthern  D is tric t of M ississippi, D elta  Division.

I, WILLIAM T. ROBERTSON, C lerk of the United 
S ta tes D is tric t Court for the  D elta  D ivision of the 
N orthern  D is tric t of M ississippi, do h e reb y  certify  
th a t the foregoing two hundred  forty-five (245) pages 
are the orig inal p leadings, including D efendan ts’ Ex­
hib its  Nos. 1, 2, and 3, designated as the  reco rd  on ap­
peal in the cause, Noelle M. Henry, vs. Coahoma 
County B oard  of Education, Paul M. H unter, Super­
in tenden t, et al, to the U nited S ta tes  Court of Appeals 
for the  F ifth  C ircuit.

W itness m y s ig natu re  and sea l of office th is 24th 
day  of M arch, 1964.

WILLIAM T. ROBERTSON, 
Clerk,

By MELITA Q. LE N TJES,
(M elita Q. L en tje s),

Deputy Clerk.(Seal)



E. S. Upton Printing Co., New Orleans 55475