Shaw v USA Appendix
Public Court Documents
April 22, 1971
508 pages
Cite this item
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Brief Collection, LDF Court Filings. Shaw v USA Appendix, 1971. 1c09e8ec-c39a-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a0f7a33d-43ee-4367-b09c-4de2c09687b6/shaw-v-usa-appendix. Accessed May 04, 2025.
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IN THE
Mnxtzb (Emtrt ai Appeals
FOR THE SIXTH CIRCUIT
No. 71-1205
LEROY SHAW, JR.,
and
Plaintiff-Appellant,
UNITED STATES OF AMERICA,
Plaintiff-Intervenor,
COUNTY BOARD OF EDUCATION
OF FAYETTE COUNTY, TENNESSEE, et al,,
Defendants-Appellees.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF TENNESSEE, WESTERN DIVISION
APPENDIX
JACK GREENBERG
JAMES M. NABRIT, III
NORMAN J. CHACHKIN
10 Columbus Circle
New York, New York 10019
AVON N. WILLIAMS, JR .
404 Robertson Parkway
Nashville, Tennessee 37219
Attorneys for Plaintiff-Appellant
G. WYNN SMITH, JR .
1213 Union Planters Bank Bldg.
Memphis, Tenn. 38103
Attorney for Defendants-Appellees
CRAIG CRENSHAW
U. S. Dept, of Justice
Civil Rights Division
Washington, D.C. 30530
Attorney for Plaintiff-Intervenor
TABLE OF CONTENTS
PAGE
Docket Entries ..................................................................... A
Transcript of Testimony.............................................1 to 315
Complaint ............................................................................. 316
Motion for Temporary Restraining Order and for
Preliminary Injunction ................................................... 331
Order to Show Cause Why Temporary Restraining
Order, etc., Should Not Issue ....................................... 333
Interrogatories .................................................................... 334
Answer .................................................................................. 340
Stipulation Regarding Plaintiff’s Interrogatories, etc. 346
Answer to Interrogatories ................................................. 348
Response to Motion for Temporary Restraining Order,
etc......................................................................................... 454
Memorandum Decision dated November 5, 1970 ........... 456
Order on Hearing October 9, 1970 ................................... 474
Amendment to Complaint ................................................ 477
Motion to Intervene, etc..................................................... 480
Decree dated December 16, 1970 ....................................... 488
• •11
PAGE
Stipulation as to Gross and Net Earnings, etc.............. 492
Notice of Appeal ................ - ......................... - .................. 495
Order and Motion for Extension of Time, etc................ 497
Exhibit A—Affidavit of Avon N. Williams, J r ....... 499
A
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
No. C-69-221
LEROY SHAW, JR. ,
- vs -
COUNTY BOARD OF EDUCATION OF FAYETTE
COUNTY, TENNESSEE, a public body
corporate and legal entity, C/O W.C.
WILKINSON, Chairman, and W.C.
WIKKINSON, M. L. McCRAW, JR.,
RALPH STEVENS, and ALLEN A. LAZENBY,
BOARD MEMBERS, WHO TOGETHER, AS SUCH,
CONSTITUTE THE SAID COUNTY BOARD OF
EDUCATION OF FAYETTE COUNTY, TENNESSEE
and
HOYTE CAROTHERS, SUPERINTENDENT OF
SCHOOLS OF FAYETTE COUNTY, TENNESSEE
DOCKET ENTRIES
7/31/69
7/31/69
7/31/69
8/7/69
Filed Complaint
Filed Motion for temporary restraining order
and / or Preliminary Injunction
Filed Order to Show Cause why temporary re
straining Order and/or Preliminary Injunction
should not issue. Copy mailed Mr. Avon
Williams
Filed Costs Bond in amount of $250.00
8/18/69 Filed Interrogatories of Plaintiff as to Carothers
B
pp. 2 — C-69-221 - Docket Entries-5
8/27/69 Filed defendant's objections to interrogatories
filed by plaintiff
9/2/69 Filed defendant's answers to plaintiffs'
interrogatories
9/12/69 Filed answer
11/24/69 Filed Motion to withdraw as attorneys for
defendants.
12/11/69 Filed stipulation regarding plaintiff's inter
rogatories and defendants' objections thereto
12/12/69 Filed Defendants Motion for Extension of time
within which to answer interrogatories filed
by plaintiff
12/19/69 Filed amended motion of defendants for extension
of time within which to answer interrogatories
filed by plaintiff
12/19/69 Filed affidavit of John E. Bagwell
1/12/70 Filed opposition of plaintiff to amended
motion of defendants for extension of time
within which to answer interrogatories filed
by plaintiff
1/26/70 Filed Answer of County Board of Education of
Fayette County, Tennessee, defendant, to
interrogatories propounded by plaintiff
10/2/70 Filed Motion under Rules 26 and 30
10/2/70 Filed Certificate Purusant to Local Rule 6(c)
10/3/70 Filed response to Motion for Temporary Re
straining Order and/or Preliminary Injunction
10/19/70 Filed Deposition of Lowden E. Anderson
10/19/70 Filed Deposition of Mrs. Henry Owens
10/19/70 Filed Deposition of Myles Wilson
11/5/70 Filed Memorandum Decision
12/16/70 Filed Order - On hearing Ocrober 9, 1970
12/16/70 Filed Amendment to Complaint
c
pp. 3 — C-69-221 - Docket Entries
12/16/70 Filed Motion to Intervene and/or added as
a plaintiff and for relief
12/16/70 Filed Decree
12/16/70 Filed Stipulation— as respective as to gross
and net earnings of the additional or interven
ing plaintiffs since the beginning of the
1970-71 School year.
1/12/71 Filed Notice of Appeal. Copy mailed to G.
Wynn Smith and Craig Crenshaw
1/12/71 Filed Cost Bond in the amount of $250.00—
Avon Williams, Surety
2/16/71 Filed Order granting extension of time on
appeal to 3/23/71. Copy mailed all attorneys
3/15/71 Filed Reporter's Transcript in 6 volumes
CERTIFICATE
I, W. LLOYD JOHNSON, Clerk of the United States
District Court for the Western District of Tennessee, do
hereby certify that the above index of the docket entries
is a true and correct copy of all relevant docket entries
which appear on the docket in this office.
This 16th. day of March, 1971.
S/W. LLOYD JOHNSON, CLERK
BY:
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III THE DISTP.TC? CO UK? OP THE UNITED
FOP TlilJ WESTERN DISTRICT OF TENNESSEE
NI;£ TERN DIVISION
JOHN McPHRREH, JR,, fit al. }
Plaintiffs, }
and )
UNITED STATES OP AMERICA, )
Plaintiff~Intervenor, )
and )
MRS. CABLE C. WALKER, et: al, )
Intervening Plaintiffs, )
? 3 . }CIVIL ACTION
COUNTY BOARD OP EDUCATION OF
fAYETTE COUi 1TY, YENN1:SSEE, et a1,
D a f e i i d a n f c s ,
and
) NO .
)
)
)
FAYETTE ACADEMY, a Tennessee -'elfare
Corporation and its incorporators, ot al,)
C-65-136
Proposed Addltio: - 1 )
Defendants.
LEROY SHAD, JR.,
Plaintiff, )
vs .
COUNTY BOARD OP EDUCATION OP
s -iY;. i A tO e; i T Y , YE l j - - a S EE , at a I ,
)CIVIL ACTION
)NO. C"6 5 - 136
)
ncfondanL
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BK IT PvEMB'IBBRCD that the above-style <3 cause
came on for hearing on October 21, before the
Honorable Robert II. McRae, Jr., Judge, presiding,
without the intervention of a jury, upon the notions
filed by the plaintiffs and answers thereto, when
and where evidence was introduced and proceedings were
had, as follows;
APPEARANCES
For the Plaintiffs; Mr. Avon il. Williams, Jr.
Suite 1414 Parkway Towers
404 Janes Robertson Parkway
Nashville, Tennessee 37210
For the Plaintiff-
lutcrvenors♦
For the Defendants;
Mr. Craig M . Crenshaw, Jr.
Department of Justice,
C5 vi1 Rights Division
V/ashington, D. C.
Mr. G. Wynn Smith,
Mr. Robert M. Johnson
Canada, Russell & Turner
Union Planters hank Building
Memphis, Tennessee 33103
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. ►
J
2~A
I N D S X
DIRECT CROSS
EX rCIIKATIOM E X AH I II AT IO Li
Ranson Person 25, 59, 59 54, 53 , 0 0
05, 67 , 73
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OCTOBER 27, 1970
THE COURT: All right, now, who is
your next witness with regard to Mr. Shaw --
how many witnesses do you have with regard
to Mr. Shaw?
MR. SMITH: I have one available.
Now, if Your Honor please, after this
one, the rest of them won't be available
until tomorrow morning.
TIIE COURT: All right. What is the
nature of your --
MR. SMITH: They are to prove directly
that Mr. Shaw used the paddle excessively,
all of them.
THE COURT: All right. And you have
completed your proof through Mr. Carothers
and anybody else that knew anything about
it concerning Mr. Shaw's — the circumstances
under which he was discharged?
MR. SMITH: Yes, sir.
TIIE COURT: What I am exploring is :
can we hear from your one witness and then
shift over to Mr. Shaw’s proof with the
right to put him back on in the light of any
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witnesses you have -- he gets to stay in
the courtroom anyway --- because we have an
issue of, as I observed before, of his
being in a different status.
I am not convinced that the tests in
Rolf were, met with regard to Mr. Shaw. Of
course, this is primarily Mr. Williams'
problem, quite frankly --- you can sit down,
Mr. Smith. I did not mean to trap you on
your feet -- quite frankly, I bridged the
jurisdictional gap in my mind because we
have clearly a resulting nonhiring of the
twelve plaintiffs in McFerren because of
the desegregation orders. This was purely
and simply to replace teachers who were
estimated spaces -- of course, it was under
estimated rather than over-estimated -- and
then you run into some procedural problems
after that. But, as I indicated earlier,
I am not pursuaded that Mr. Shaw, because
he was not rehired, and the minutes,
excerpt from the minutes indicate he was
uncooperative. Now, we may iiave a procedural
due process question but I associate that
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in the McFerren case with the basic fact
that all of it was due to a desegregation
order. And Mr. Shaw is not in that
category automatically, which I think the
burden of -- v;hile the initial burden
might be on the School Board, the ultimate
burden of showing discrimination is on
the plaintiff.
Rolf started with the proposition --
and my Tipton County case wasn’t hard
because in those days what they were doing
was, it was pure and simple, pure and
simple they had not really desegregated
the faculty and they were observing if they
were using any objective standards they
were applying, they were discharging or
not hiring black teachers in comparing them
to the other black teachers.
We don’t have that, and this is the
point I am not sure of under Rolf.
So, Mr. Williams, what I am really
getting around to is can we put on some of
your proof this afternoon?
MR. WILLIAMS: May it please the Court,
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in regard to Shaw. that is going to be
difficult because naturally I did not --
my proof really is kind of -- the proof
that I would put on after this would be
primarily defensive because I take the
position, if Your Honor please, that the
statistical evidence that we have shown
and the proof that we have shown regarding
the impending desegregation in !69 of
elementary schools, the fact of his being
the last single male being discharged,
when buttressed by the proof of that alone,
if Your Honor please, might not have been
sufficient to pursuade the Court, but
when buttressed by the additional proof
shown in McFerren case, apart from the
desegregation issue, that of the 13 black
teachers that they selected, five of them
were black males and four of those five
black males removed the last single black
male in the system except for one doing
auto mechanics, and then they only hired
one additional, one black male over the
summer, single, or married rather, whereas
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they hired several whites, that the
statistical evidence, if Your Honor please,
is pursuasive, and it is difficult ---- you
have to sort of rely on statistical
evidence.
Now, if Your Honor please, I also
have some defensive evidence in response
to what they say but I take it that would
come after they have put on the direct
evidence, the remainder of whatever direct
evidence they have with regard to the
paddling and that sort of thing. But they
have already put on some evidence with
regard to the paddling in the person of
Superintendent Carothers.
If the Court please, I take it that
the Court has granted my application to
amend the complaint so as to allege the
violation of due process in the case of
Hr. Shaw, and I intend to rely on that
most strenuously also. So that would be
two things with regard to Mr. Shaw.
THLi COURT: In case I did not observe
in, I intend to grant that motion in view
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of this later issue. Nov/, I did not mean
to imply that I ruled similarly in Mr.
Shaw's case with regard to procedural due
process or any other due process, and I
am aware, Mr. Williams, that in cases of
this sort, as we have in all of our --
whether it is an EEOC case or anything,
when you go to specific discrimination you
have to rely on statistics and what I
call circumstantial evidence, but in any
event I take it that you have no proof
that you know of; that is, other than
defensive; is that correct?
MR. WILLIAMS: That is correct, if
Your Honor please, except for that that
I have already put on.
MR. CRENSHAW: If Your Honor please,
we are in a terribly strange position by
now. Has Your Honor consolidated the Shaw
case with the McFerren case going on?
THE COURT: For purposes of the hearing,
yes .
MR. CRENSHAW: For purposes of this
hearing.
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We have been able to show Mr. Shaw's
discharge was a --- by this Court' in the
McFerren case, as being a discharge where
there are allegations of discrimination.
In essence, if you have a school
system which is operating under Court order
not to discriminate in the hiring and
firing of faculty, and a teacher is fired,
there are allegations, substantial
allegations of discrimination surrounding
the firing. It is certainly apparent in
the original school desegregation testimony,
so that Mr. Shaw may be raised independently
in the McFerren case.
TIIE COURT: All right. Well, Mr.
Crenshaw, I have consolidated them and I
am not saying I ara going along with your
reasoning, but we have to hear the remainder
of the Shaw case.
MR. CRENSHAW• We withdraw our
contention to our general statistical
proof in our teaching racial ratio in the
course of the year which would be --
TIIF. COURT: All right. Counsel should
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make their plans that the cases have been
consolidated for purposes of the hearing
and you may rely on the proof because
there liras been offered one witness, Mr.
Bagwell, for example, didn't know much
about the Shaw case but some of his
interrogatories are relied on, and Mr.
Carothers testified as to both, although
he had very little complaint, but the
proof is so intertwined that you are
either bound by or stuck with, as the
case may be, the proof of the whole hearing.
Suppose I do this, and come back
about 1*45. We will hear your witness,
Mr. Smith, and if there is any possibility
of getting any more we will probably have
time to hear them. If not, then I would
ask you, when we finish, we will let you
gentlemen work some on this stipulation
and then we will plan to finish the Shaw
hearing tomorrow and hopefully the hearing.
Then, Mr. Johnson, because I feel
that I have to move along on this, I am
going to reset the case you asked me about
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that involves your partner, Mr. McDonnell
and Mr. Caywood. Will you notify them?
They have more witnesses than I can expect
to hear in one day. I know that. I am
familiar with the case. So will you tell
them it v/ill be reset?
MR. JOHNSON* Yes, Your Honor.
THE COURT: Thank you. Now, then on
Thursday hopefully we will- be through
with this hearing -- on Thursday, Mr.
Crenshaw, you may make your plans to not
be here. And I am going to move right in
to devote my day Thursday to my findings
and then this afternoon you gentlemen can
work some on that stipulation and see if
there are any gaps in it. Mr. Smith, we
might consider whether we can take them
up tomorrow also. I can let you know on
that today.
Nov;, are there any questions about
time?
(No response.)
T1IE COURT: Mr. Williams, are you
going to confer with your clients at the --
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MR. WILLIAMS: I ara going to confer
with them immediately -- you mean about
the mitigation matter?
THE COURT- Yes.
MR. WILLIAMS: Yes. I already have
some of that information.
THE COURT: Would you like to have
until 2.-0 0 so you will have a little more
time?
MR. WILLIAMS: Yes, sir.
THE COURT: Well, it doesn't sound
like we are as rushed as we were.
So we will adjourn, Mr. Clerk, until
2;00, and then, Mr. Smith, we will ask you
to have your witness on the Shaw case come
back. We will finish that witness and
if we finish early then we will let you
gentlemen work on the stipulation.
MR. WILLIAMS: Very well, Your Honor.
THE COURT: And then hopefully we will
not be working on this case Thursday, and
if we do not finish tomorrow, well, we
will cross that bridge when we come to it.
I would like to say for the record
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that in Chanters Hr. Williams observed that
he has some noliticing to do and I don't
want to be the one that is taking sides
by depriving him of you are a candidate,
are you not?
MR. WILLIAMS: Yes, sir. May it
please Your Honor, nay I state for the
record what I stated to Your Honor in
Chambers, that I completely absolve Your
Honor from any responsibility for holding
up the political campaign.
THE COURT: All right, thank you.
All right, anything else, Mr. Smith?
MR. SMITH* No, sir.
THE COURT: Let's adjourn until 2:00.
(NOON RECESS)
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AFTERNOON SESSION
(Whereupon, the hearing was resumed
at 2-00 p . m . , as follows:)
THE COURT: All right, are we ready
to proceed?
MR. WILLIAMS: May it please Your
Honor, there is one matter that I omitted
to bring up prior to the recess. That is
the matter of Mrs. Alberta Rivers, a
teacher as to whom I had made the motion
that she be treated as all other teachers.
I take it that there would be no problem
now with granting that motion and permitting
her to be treated as a plaintiff since the
proof shows that -- Your Honor may recall
that I had the superintendent to testify
with regard to the way and the manner in
which she was dismissed, since the proof
shows she was dismissed in exactly the
same manner as the other teachers.
THE COURT: Mr. Smith, you want to
be heard on this?
MR. SMITH: If the Court please, yes,
we do object to anybody intervening as a
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plaintiff in this cause at this stage for
the reasons heretofore stated and specifically
with respect to Mrs. Rivers.
THE COURT; Mr. Crenshaw.
MR. CRENSHAW; We have already
expressed our position to the Court that
there is no essential necessity for the
individual teachers who were discriminatorily
discharged to actually formally intervene
in the case. The Court can take cognizance
of the rights of teachers who were discharged
without formality of their intervening or
actually because of the formality of them
being specifically named in any complaint.
The complaint has been held to be sufficient
when it alleges that a number of black
teachers were discriminatorily discharged,
as to especially those who were not
precisely named in the complaint.
MR. WILLIAMS: .May it please Your
Honor, I am not at variance with what Mr.
Crenshaw says, except that in order to
make sure that there may be no question of
Mrs. Rivers' rights to back pay, I think
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she ought to be intervened in the lawsuit.
She signed the retainer and, as T
say, through really kind of a fluke that I
did not present this motion to Your Honor
on the 9th of October. And, very frankly,
if Your Honor please, the only reason I
haven't prepared a written motion is that
sort of living out of my suitcase without
any secretarial facilities down here and
I have not had an opportunity to do so.
THE COURT; All right.
MR. SMITH • If the Court, please, I
don't know where Mr. Crenshaw leaves us.
Apparently he is taking the position that
anybody can come in here after whether
the Court makes an order with respect to
them or not is entitled to get their job
back and all their back pay, whatever
that may be.
I think we have to have some sort of
an orderly proceeding.
I don't know what the situation is
with respect to Mrs. Rivers in any detail
at all because we have not prepared with
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respect to Mrs. Rivers, what her rights
nay be I am not prepared to say at this
time .
The Court's order, regardless of what
it does, does whatever the lav; says it
does, and I object to bringing in another
plaintiff at this time.
MR. WILLIAMS: May it please the
Court, it is not actually bringing in
another plaintiff. She actually was one
of the original plaintiffs. She got left
off really because of her fear at one
point. She got left off originally because
she omitted to sign the retainer through
an inadvertence. Then she got left off
at another point because by virtue of the
vigorous discovery and the practices of
the defendant, she was afraid that it would
effect her positioruf she would have to go
on the stand and testify. And so actually,
and now she is wanting back into the case.
She is one of the original plaintiffs.
She there is nothing different about
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her than about any other of these teachers,
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if Your Honor please, and it would be a
real travesty on justice, so to spe ak ,
if I may use so mundane a term, if she
were to be omitted from the relief in the
case ,
MR. CRENSHAW: If Your Honor please,
there is a rather simple solution, I think,
that could lend itself to the Court.
.The School Board could have seven
days or even fourteen days in which to
show how her status differs in any way
from the other respective defendants. I
don't think there could be any possible
questions, any different qiiestions that
were applied to Mrs. Rivers than were
applied to the other individuals.
MR. SMITH: If the Court please, I
personally don't know what the possible
questions could be. By Counsel's own
admission, she stayed out of this case
at this stage to keep from being discovered.
Now, if Mr. Crenshaw is correct and the
Court's order covers everybody blanket,
now or hereafter, seeking employment, then
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it does that. If it does not, I object
to someone being specifically brought in
that we haven't had any opportunity at all
to prepare for or know about.
THE COURT; All right.
MR. WILLIAMS; Somehow I understood
tiie Court to say that she would be treated
the same as the plaintiffs except that if
they .had any specific objections as to her
competency that they would have a right
to show that, but since the Court has
ruled out these issues as to competency,
then, as I understood it, I thought it
would be more or less a matter of course,
if Your Honor please.
THE COURT: All right. Let m.e make
this observation. I don't recall exactly
what I said before. I expect my remarks
wore a little more guarded at that time.
I hope they were. Based unon my conclusion
of law, it appears to me that Mrs. Rivers,
that the School Board is going to be faced
with the same problem vith Mrs. Rivers
whether she waits six months, or whatever it
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.is, to come in this lawsuit.
Now, I would think that Mrs. Rivers
is in no better position or no worse
position so far as tiie Court’s holding on
what v/as owed to these teachers . At the
sane tine I am unwilling to include Mrs.
Rivers insofar as if the School Board
wishes to appeal this Court's ruling, and
the School Board, I assume, I guess if I
let her in and this Court was reversed,
the Court of Appeals would have no trouble
on reversing me in including Mrs. Rivers.
But I would think that when Mr. Smith has
tine to go over the Court's formal ruling
that one of his jobs would be to advise the
School Board what to do about Mrs. Rivers.
At the same time I am somewhat like Mr.
Smith. I really don't know the effect of
ny including Mrs. Rivers in it on an oral
notion after hearing was started, and X
don't want to deprive the defendants of
any defenses they might 3iave had otherwise.
I don't agree with Mr. Crenshaw that
if I order the Board to reinstate the
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plaintiffs, that they have got to go out
and get someone or more of these teachers
that weren’t retired and make them go back
to work to comply with the Court’s order,
now, that is pretty far. Some of these
plaintiffs have gone on to other things,
don't want to be reinstated. So I don’t
intend for the Board to say, "Well, we have
got to go out and pay this person more
money to cone back over here and go to
work for us so v/e won' t be in contempt of
the Court's order." There are bound to
be some issues or some of the things that
need to be determined,
I would suggest that --- I will reserve
my ruling on ’’rs. Rivers and include in
my written ruling what I think about Mrs.
Rivers without the necessity of any further
proof about it.
MR. WILLIAMS: If Your Honor please,
if I can find a typewriter myself, I will
just type up the written motion today and
got it filed today.
the COURT: Well, Mr . Wi 11 i arns , the
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fact that you haven't put it in writing is
not the most significant thing about it.
If you had had it in writing that morning
I would have still been concerned about it
because I really don't know. I am not
jeopardizing her rights because you did
not have it in writing when you first
mentioned it. At tiie same time, whether
it is written, oral or otherwise, I do
want to know what I am doing before I
bring somebody in on a hearing that has
been called for that morning and it takes
the others by surprise. Regardless of how
meritorious her claim is, it is a procedural
problem, but I can't help but believe that
since Mrs. Rivers was in the group to
which the same standards were applied and
that I concluded those standards did not
meet Constitutional requirements, as
interpreted by the authorities, that if
Mrs. Rivers is in. the category of the
other twelve, that regardless of whether
we make her wait six months or a year,
then she will either be tested by objective
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standards or she will be paid for having
been wrongfully discharged.
Now, at the same time, I am not
willing to make a snap judgment about it
and I will include it in my ruling, and
right now j.t seems that if I were represent-
ing the School Board and in the conference
after ray ruling is in it, that I believe
that the lawyer would say, "Well, now,
we want to face the problem of Mrs. Rivers
the sane way we do the others, or if vou
want to make them come back we are liable
to at the risk of it costing some more
money."
I am hardly able to predict, without
the aid of an Appellate Court ruling,
that I hope I would not treat her any
differently if the facts were the same.
So I will just have to comment on
that in my ruling in the light of the way
it was brought un, and, maybe, Mr. Smith,
if you want to give some more thought to it.
I am sympathetic with your predicament
with not knowing exactly what the effect
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of it would be.
But let's move along and we will let
Mr. Williams' remarks suffice for why she
wasn't brought in and if when you get
time you want to supplement the record
with a written motion, Mr. Williams, I
will let you do so as of the day when we
started the hearing.
MR. WILLIAMS: Thank you very much.
Your Honor.
THE COURT: All right. How, Mr. Smith,
will you call your Shaw witness.
MR. SMITH: Yes, sir. Mr. Ransom
Person.
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RANSOM_PERSON
The said witness, being first duly sworn.
testified as follows, to-wit-
DIRECT EXAMINATION
BY MR. SMITH:
Q Will you tell us your name and address
please, sir?
A Ransom Person, Route 1, Box 200, Somerville,
Tennessee.
Q Mr. Person, are you any relation to Mr.
Willie Emmitt Person?
A Yes .
Q What relation is that?
A First cousin.
Q What do you do for a living please, sir?
A I teach school.
Q Where do you teach and in what capacity?
A Jefferson Consolidated School in seventh
and eighth grade.
Q In the school year of .1963-1969 , what
were you doing please, sir?
A I was a principal of Braden-Sinai School,
Mason, Tennessee.
q now long had you been principal at
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Braden-Sinai?
A About 23 years.
Q Will you tell us please if you know Mr.
Leroy Shaw, Jr., and when and how you came to know
him and what your relationship with him was?
A Yes, I know him. He was a teacher during
that time at Braden-Sinai School.
Q Tell us if you will please, sir, what
experience you had with Mr. Shaw while he was a
teacher and you were a principal at Braden-Sinai
School?
A Well, I didn't find too much fault with
Mr, Shaw. in the first year I didn’t get full
cooperation. In the last year I have no fault. I
did not find any fault.
q Nov;, the first school year was what school
year?
A It was *68 and *69, I think.
Q And you said you did not get too much
cooperation. Specifically in what way did he fail
to cooperate with you?
A We planned to have a picnic, and this was
the only time, and each teacher was assessed a certain
amount, and he said he wouldn’t he didn't think
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it was right to pay that amount, and that v/as just
about all.
Q Tell us if you will what his practices
were with regard to paddling the children?
A . His paddling?
Q Paddling the children, yes, sir.
A Well, just like any other teacher. A lot
of times children need paddling. If you don't,
you can't have that in the school room.
Q Did you ever have occasion to complain
about his paddling children?
A Ho.
Q You never made any coraplaints to any person?
A No.
Q How many children would he paddle in a
day's time?
A I just don't know. I did not count them,
didn't keep up'with any amount.
Q Do you know the reasons that he paddled
chiIdren?
A Ho, not exactly.
Q Well, do you know approximately?
A Well, I assune.it was about their lessons.
Q VJhat about their lessons?
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Mr. WILLIAMS; I object to that, if
the Court please. He said he didn't know.
THE COURT; All right. Objection
sustained. If he said he doesn't know,
he is not allowed to assume.
MR. SMITH; If the Court please, I
have a sworn statement fror.i this witness
wherein his testimony is completely
different from what it has been here today.
MR. CRENSHAW; If Your Honor please --
MR. SMITH; Now, excuse me. May I
finish?
THE COURT; Let him finish, Mr.
Crenshaw.
MR. SMITH; I am taken quite by
surprise at the change in testimony of
this witness, and I request permission to
cross-examine him.
MR. CRENSHAW: If Your Honor please,
we have a witness who is an employee of
the School Board, What Mr. Smith is saying
is the School Board wants to call its
own employee as a hostile witness. Somebody
who is not employed is a hostile witness.
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MR. WILLIAMS* May it please Your
Honor, there has been no basis shown for
an attempt by Mr. Smith to impeach his own
witness lie re.
MR. SMITH 1 If the Court please, if
there is any question about it I will offer
his statement, portions of his statement
in evidence to establish the basis by
which I am taken by surprise.
THE COURTi All right. Let me see
the statement, please.
MR. SMITH; All right, sir. Nov/, t h i s--
MR. WILLIAMS; May it please the
Court, we would object to his introducing
in evidence before the Court any paperwriting
in an attempt to impeach his own witness,
THE COURT; Well, --
MR. WILLIAMS; May it please the
Court, I have seen this done in an attempt
to impeach somebody else's witness but I
have never seen anybody before with their
own employee, someone that they introduced
and then attempting to impeach that witness.
I don’t think that is proper legal procedure.
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MR. CRENSHAW: If Your Honor please, --
MR. SMITH: Your Honor, I have made
some notations that --
MR. CRENSHAW; Excuse me.
THE COURT; Wait a minute, let Mr.
Crenshaw finish.
MR. CRENSHAW: We would like to have
an opportunity to examine the document
before it is submitted to the Court if it
is being submitted for any probative
purpose.
THE COURT- All right. Let me do
this; Mr. Person, we have got into a
little problem about your testimony and
the Court needs to rule on some points
of law. I am. going to excuse you from
the courtroom and ask you just to stand
by until I work out this point of law and
we will get you back in here and hear the
rest of your testimony a little later.
Mow, is there anybody else in the
witness room?
MR. SMITH: There are a number of
others back there, yes, sir.
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TILE COURT: Well, Mr. Kennedy, just
show him in the jury room, and we will get
back to you in just a minute, but I have
got some problems of law that could affect
your testimony and, of course, if we sit
here and talk about what you might say,
then that might suggest to you what
somebody thinks you want them to say, so
I will just ask your cooperation on this.
THE WITNESS; Yes, fine.
(Thereupon, the witness was excused
from the courtroom.)
THE COURT; All right. There are
times when the Court has to examine a
document, even though the Court is a trier
of fact.
How many copies of the statement do
you have?
MR. SMITH: I ju3t have one here, and
this is not the sworn statement. The
sworn statement is back in my office. This
is a copy of his statement. What I did
was I went out and took a statement on a
dictaphone from him. I asked the questions.
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He dictated the answers. I then later went
back with a court reporter. He reviewed
his statement, signed each page of it,
sv7ore that it was the truth, and made
whatever changes he wanted to it, and that
is what is back in my office.
THE COURT: All right.
MR. SMITH; But this is the original
statement.
THE COURT; All right. Well, the
Court does not intend to examine anything
of this nature that opposing counsel
cannot see. We have a problem about the
number of copies.
MR. SMITH; Well, could I simply read
the portions of it that I am talking about?
THE COURT; No, I don't want to do
that. In a hearing of this sort,
particularly with all the people in the
courtroom, I want to handle this thing so
that we minimize the amount of possible
friction tiiat arises out of this, right
ox' wrong .
I want to see the statement, I will
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then let Mr. Crenshaw and Mr. Williams see
it, and ve will handle it in open Court,
but I want to minimize the problems.
MR. SMITH: All right, sir. I will
ask this: this is the statement. I would
like to show the Court the original sworn
statement if it will require sending for
it.
THE COURT: Mr. Smith, the Court has
no hesitancy in saying that your reputation
at this Bar is good enough that if you tell
me that you have it at your office that I
would rely on that until you can get it
here, and I don't think you need to send
for it just to prove that the original is
sworn to. This is the same statement?
MR. SMITH: Yes, sir. Now, quite
frankly, he made one or two inconsequential
changes, I think. I don't remember. I
think he changed some names or spelling,
or something to this effect, and I am a
little bit at a loss to say exactly what
changes he did make on it.
THE COURT: All right, Mr. Smith, I
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an not going to hold you to producing the
one that has the magic seal or something
on it. If you tell me they are inconsequen
tial changes, we will just rely on it.
Let me see it first. I won't do
anything about it until opposing counsel
sees it.
(Thereupon, the said statement was
passed to the Court.)
THE COURT: All right, let's let Mr.
Williams and Mr. Crenshaw see it. I
examined it rather hurridly.
(Thereupon, the said statement was
passed to Counsel.)
the COURT: You can take your time
to read it separately if you want to.
All right, Mr. Smith, let me ask you
what you hope to do about this witness,
assuming the Court lets you question him
about this statement. He is your witness
and you want to prove he said something
formerly that is different from what he
said today now. If I test him by the
noriim] rule to estaolisn he said something
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different before, then you have got a
credibility problem regardless of the cause
of i t.
MR. SMITH: I understand there will
be a credibility problem, yes, sir.
THE COURT: Well, all right.
MR. SMITH: Unless he changes the
testimony that he has just given.
MR. CRENSHAW; Your Honor please, that
still creates a rather tremendous credibility
problem.
THE COURT: Well, I know, but I am
not inclined to say he can't question him
about it.
MR. WILLIAMS: May it please the Court,
I would respectfully submit that he also
has the problem that this statement
discloses on its face a certain amount of
subtle coercion at the time of the taking
of this statement in the manner of leading
questions that Mr. Smith asked of the
witness.
Objectiously the witness -- I think
that we need to inquire into the circumstances
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of the taking of this statement with regard
to who wan there and that sort of thing,
because it appears that from the statement
that Mr. Person was to a certain extent
coerced. I presume that now he is in open
Court with the protection of the Court that
he is trying to tell the truth.
THE COURT- Yes. Well, Mr. Williams,
I can’t tell from your remark whether you
object to going into it or don’t. I get
the impression that you don't mind.
MR. WILLIAMS: Well, I object to the
use of the statement for any purpose,
Your Honor please, because I think the
statement shows on its face that it is
affected with a certain degree of coercion.
THE COURT: Well, --
MR. SMITH: Well, lest by my silence
there be any reflection that I am acquiescing
in that statement, I very stringently --
THE COURT: Deny it.
MR. SMITH* Yes, sir, oppose it.
There was no coercion.
THE COURT: Well, I don’t think on its
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face it shows it, but I think if you question
him, I don’t see how you are going to get
around the fact that you have got to
confront him with the fact that it is his
former statement and then, of course, on
cross-examination, I think they would be
entitled to ask him the circumstances
under which he gave the other statement.
MR. SMITH: Certainly.
THE COURT: I don’t want to give Mr.
Person the -- I am concerned about him too,
but I think in the circumstances that
within reasonable limits Mr. Smith can
question him about it because if he did
say something differently, this witness'
testimony unexplained could be used to
impeach Mr. Carothers and other testimony
that the defendants have offered.
So I think basic fairness requires us
to let nr. Smith go in there and, of course,
Mr. Smith, you understand that under our
rules of evidence as your affirmative
proof, I can give it little if any weight
because a witness -- well, it may not be
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the case if you question him.
MR. SMITH; Well, yes, sir, I understand
that, and I quite agree with the Court.
Mr. Carothers has heretofore testified
and Mr. Bagwell has heretofore testified
that Mr. Shaw in part was not rehired on
the oasis of this man's recommendation.
THE COURT; All right.
MR. SMITH; Now, I would like the
Court -- Mr. Johnson has gone to get that
sworn statement -- I would like to confront
the man with the actual sworn statement,
if I may.
THE COURT; All right. Well, I
regret that this has come up, but I think
in all fairness in order to -- but I think
in order to have a complete record we are
going to let Mr. Smith go on into it with
reasonable restraint. I would like to
go on and let you substitute or at least
tell him that the other statement is on
the way. We won't wait until Mr. Johnson
gets back. We probably won't be through
before Mr. Johnson gets back.
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MR. CRENSHAW: Your Honor please, am
I to understand that Mr. Smith is now
offering Mr. Person as an adverse witness?
THE COURT; No, he is not offering
him as an adverse witness. He is pleading
surprise by his testimony and wishes to
explain, wishes to question the witness
about it, and I am ruling that he may do
so and you may also and just to find out
about it.
MR. CRENSHAW: The Court is ruling
that we may have use of this document?
THE COUNT: To cross-examine him?
MR. CRENSHAW; To cross-examine him.
T1IE COURT: Yes, sir. Everybody has
seen it. Mr. Smith is going to confirm
that it is a sworn original.
MR. SMITH: Yes. The only thing is
this: I would like to have the original
sworn statement, so there won't be any
misunderstanding about what I am asking
him and what he said when I confronted him.
If I could make a phone call I might
could facilitate getting that thing down
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here .
HR. WILLIAMS: May it please the Court,
Mr. Smith has said this is the same as the
original.
THE COURT: Well, he wants the right
to have the witness know that it is the
same .
MR. WILLIAMS: Well, he wants to
coerce the witness again, does he?
THE COURT: Wow, Mr. Williams, I don’t
consider that there is any basis for that
and --
MR. CREUSHAW: If Your Honor please,
pardon my interference, but that statement
is not terribly unfavorable to our position
in the lawsuit, but, on the other hand,
if an attorney wno takes one statement front
a witness and asks him a number of leading
questions at least calculated to jog the
memory substantially, if not to suggest
the general outline of the testimony, and
then if the witness can't remember that
that is the testimony, that I can certainly
THE COURT: All right.
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understand. To jog his memory, Your Honor,
based on part of his statement, there is
no meaning to the rule that he can't
cross-examine his own witness, can't lead
his own witness.
THE COURT: Well, Mr. Crenshaw, the
Court finds that from the witness' own
testimony that there is an irreconcilable
conflict. What he said before is not
proof.
Now, the only thing that Mr. Smith
can accomplish is have the witness attempt
to explain. What I tell juries when we
have them in here as triers of the fact,
if the witness is not a party and he has
made a prior -- of course, it usually comes
up at the other side -- he has made a
statement previously, you don't go by what
he said previously. You go by what he
said in Court.
Now, if there is such a conflict,
I think Mr. Smith is entitled to the warning
that he has little hope of ever making this
witness favorable unless there is some
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reason, and, of
already put hin
to question hin
under which the
All right,
minutes recess.
course, Mr. Williams has
on notice that he intends
about the circumstances
statement was taken,
suppose we take about five
MR. WILLIAMS: Your Honor please,
could you make it seven and a half? I just
got a call from a judge in Murfreesboro,
and now I am with Mr. Smith. I want the
recess .
THE COURT: All right. We will take
about ten minutes.
MR. WILLIAMS: Thank you.
THE COURT: You should be present. I
have some instructions for Mr. Person.
(Thereupon, the said witness was
returned to the courtroom.)
THE COURT: Mr. Person, you can just
stand out here. I want to give you some
instructions. V.'e have a recess and some
of the lawyers got away. We didn't want
to leave you in there oy yourself. You
stay wherever you want to, but we havecan
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to take a re Q0SS
During this time I don't want you to
talk to anybody about any testimony, a
lawyer or party or anybody and don't let
anybody talk to you about it.
If you prefer, you can stay in the
witness room. I am not locking you up,
you understand.
THE WITNESS: I understand.
THE .COURT: But we have got a problem
here and you are just involved in it, and
so I don't want you talking to anybody or
let anybody talk to you about your testimony,
and this is my instruction, and if anybody
tries to why you tell them what I have
told you, and if they insist then you tell
then to take it up with me after the
recess.
We will have about a ten minute recess.
THE WITNESS: I will just, go Oil back
in here.
THE COURT: That will be all right.
THE WITNESS: O.K.
(RECESS)
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MR. SMITH; That is a photocopy for
Your Honor and each of the lawyers have
a photocopy.
THE COURT: I might say after Mr.
Williams and Mr. Smith started the recess,
Mr. Crenshaw called to ray attention that
we had left the witness in the jury room
and I called him out with the court reporter
present and told him that he was not to
discuss his role as a witness or his
testimony with anybody and didn't -- I told
him he was not locked up in the jury room
but he voluntarily elected to stay in
there during the recess. I assume he is
still there, is he, Mr. Marshal?
So this was his choice, not mine. I
did not order him to stay in there. All
right, let's ask Mr. Person to come back
in, please.
(Thereupon, the said witness, Ransom
Person, resumed the witness stand.)
THE COURT: All right, Mr. Person,
the lawyers have some more questions of you.
THE COURT; All right.
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Just listen and answer them appropriately
please .
THE WITNESS: All right.
BY MR._ SMITH:
Q Mr. Person, do you recall please a couple
of weeks ago when I came out with an IBM dictating
machine to ^rs< Morton's office?
A Yes .
Q And took a statement from you?
A Yes .
Q You recall that incident?
A Yes .
Q Do you recall that I would ask you a
question and hand you the microphone and you would
answer the question?
MR. WILLIAMS: I object to leading
questions, Your Honor please, and I want
to register again my objections to any
attempt on the part of Mr. Smith to
coerce and impeach his own witness on the
basis of this statement for the reasons
stated, that I think it was taken under
coercion circumstances, if Your Honor please.
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surprise, the Court will allow Hr. f>-it’.i
t -> go into it but he nay usd leading
questions.
Q Do you recall that?
A Yes .
Q That is the way we handled it?
A Yes .
Q Do you remember that after you had finished
I allowed you to listen to the tape back- is that
correct?
A Yes .
Q All right, sir, How, I asked you a number
of questions and you gave me a number of answers-
is that net correct?
A Yes .
Q And those answers were true, to the best
of your knowledge and belief, were they not?
A Yes .
Q Did I threaten you?
A No.
Q Did anybody threaten you?
A No .
Q Has anybody at any time made any threat to
THE COURT: VIell, I think having plead
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you about losing your job or about any other subject
concerning your testimony in this case?
A No.
Q All right, sir. Do you recall, please,
that on the 19th of October ~~ that was a week ago
yesterday -- we met back at Mr. Morton's office,
at which time a court reporter was present, do you
recall that?\
A Yes.
Q And you were placed under oath- is that
correct?
A Yes .
Q And at that time I asked you to read a
transcription of a statement, and you did read it,
did you not, please?
A Yes .
q And I asked you if that statement was true
and complete to the bast of your knowleuge and
belief, and you said that aside from, some misspelled
words it was true and complete to the best of lour
knowledge and belief; is that not correct?
A Yes.
Q And at that time I asked you to so signify
by signing your name to each page and the date,
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10-19-70, did I not?
A Yes .
Q You were under oath at that time; is that
not correct?
A Yes.
Q All right, sir. And the statement which
you read and signed was true and complete to the
best of your knowledge and belief, was it not?
A Yes .
Q For the record, I will ask if you will
identify this statement.
(Thereupon, the said document was
passed to the witness.)
A What statement?
Q The statement that has the red signatures
and dates on it.
MR. WILLIAMS; I object to that, if
Your Honor please. He has handed him two
documents.
THE COURT; Well, the witness did
ask which one.
There is a court reporter's transcript
on the front of it, isn't it?
MR. SMITH; Yes, sir.
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Q I am asking you with reference to the pages
that have the red signature and date on them. Is
that your signature?
A Yes.
Q And is that the statement that you signed
at that time?
A Yes.
Q All right, sir. If I may have it back,
please .
(Thereupon, the said document was
passed to Counsel.)
Q Now, Mr. Person, I asked you when we took
your statement, "Tell us, if you will, please, sir,
what experience you had with Mr. Leroy Shaw, Jr.?"
And do you recall giving this answer, "Well, the
first year he was out there, well, he didn't seem
to cope with the trends of education. I didn't
like the way he was teaching."
Do you recall giving me that answer?
A Not in the exact words . I said the way
he was paddling the children.
Q You told me he was paddling the children
at that time?
A Yes.
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Q And that you didn't like the way that he
was paddling the children at that time?
A That is what I meant.
Q Yes, sir. Do you recall this question;
"Specifically, what was wrong with the way he was
teaching? Specifically, what didn't you like about
the way he was teaching?" And you answered, "He
whipped the children too much."
Do you recall giving that answer?
A Yes .
Q And that was a true answer, was it not?
A Yes .
Q Do you recall me asking you this; Well,
when you say he whipped the children too much,
what do you mean by too much, please, sir?"
Do you recall giving this answer: "Almost
at the end of every class he would have a whipping
spree, not just one but maybe seven or eight at
a time.”
Do you recall giving that answer?
A Yes.
q That answer was true, was it not?
A Yes.
O And it is true today, is it not?
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A Yes, the same thing I said at first,
Q I asked you, "Did you observe this yourself
on one or many occasions?1' And you answered, "Yes,
on many occasions."
Do you recall giving that answer?
A I don't know what you mean by "observe".
Q See it with your own eyes.
A No.
Q You did not see it with your own eyes?
A No.
Q Do you recall giving this answer; "It
seemed like a person, teacher just wouldn't whip
a child because it didn't have its lesson. If they
couldn't give their lesson, seemed like he would
make some other plan, some other method to go by
other than just to."
Do you recall giving that answer?
A Yes .
Q And that was a true answer, wasn't it?
A Yes .
0 So the fact is, is it not, Mr. Person,
that you were dissatisfied with Mr. Shaw's whipping
practices, paddling practices; is that not so?
A Yes .
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Q And I didn't tell you to testify that way,
did I?
A No .
Q And did anyone at any time tell you that
that is the way you should come in here and testify
today?
A No.
Q Did anyone threaten you if you didn't do it?
A No.
Q Do you recall this question and answer-.
’’Will you tell us, please, a little more detail
about these paddling incidents? Did Mr. Shaw walk
around the scnool room with a paddle in his hand?"
And do you recall giving this answer: "This is when
the classes ended. He would whip it seemed like
the whole class because he was upset at the other
teachers and with me too as far as that matter."
Do you recall saying that?
A No.
Q You don't recall saying that?
A You know, the last time you came out there
I told you that there was some errors on there.
q You told me there was some misspelled words
but you said that’s the only error that there was.
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A Well, this other word too, because I didn't
say he was upset.
Q Who was upset?
A Me with the teachers.
Q But you do recall saying that he would
whip sometimes it seemed like the whole class, do
you not?
A Yes .
Q And that is the truth, isn't it? He would
whip sometimes like the whole class?
A I didn't go in the room, so I just don't
know how many, but I know it was more than one.
Q Yes, sir. And you did speak to Mr.
Carothers about this, didn't you?
A No, no, I didn't.
Q You never spoke to Mr. Carothers about
Mr. Shaw s paddling practices?
A He called me in on a conference. Just
going by myself voluntarily, I didn't speak to anyone.
Q Weil, I understand that, but he called
you in and you did tell him that you were dissatisfied
with the way Mr. Shaw was paddling?
MR. WILLIAMS: Your Honor please, I
think he is beyond the point where he is
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entitled to lead.
THE COURT; I agree with that.
Q What did you tell Mr. Carothers with
respect to Mr. Shaw’s paddling practices ?
A What did I tell him?
Q Yes , sir.
A It has been so long, I don't know what I
told him. I just don't know the exact words, but
he called me in after Mr. Snaw was -- his contract
was dishonored, and then he talked to me about it.
Q And what did he say about i't? Chat did
you say to him?
A I just told him that I didn't think it was
right for a teacher to paddle children about their
lesson. That was all I told him.
MR. SMITH: I believe that is all,
if Your Honor please.
THE COURT: All right, we will let
Mr. Williams question Mr. Person.
MR. WILLIAMS: I an just going to
question him briefly.
CROSS-EXAMINATION
BY MR. WILLIAMS:
Q Mr. Person, Mr. Carothers called you after
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Mr. Shaw had been discharged
A Yes .
Q -- didn't he?
Yes
Q And what did he say to you then?
A He just asked me what kind of teacher was
he, and, you know, kind of like that, and how was
he doing in school, and I just told him, and before
then I didn't know anything about him being discharged
Q And did you tell him then what you told
the Court earlier, that really you had no substantial
complaints against Mr,. Shaw?
A Yes.
Q And I believe you likewise told Mr. Smith
in this statement -- he didn't read that part of
it -- you told him you would be glad to have Mr.
Shaw back, didn't you?
A No, I didn't make that statement. I said
if he didn't paddle the children, I would.
Q Well, you initially said that you thought
that you wouldn't have any objection to having him
back, didn't you?
Take that -- let me read this to you.
A O.K.
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Q He had to remind you about the paddling.
He asked you, "Would you like to have rlr. Shaw back
in your school if you had one?" And your answer
was: "Yes, in a way, because that last year was,■
as far as the cooperation, I didn't have anything
to say against him because he really cooperated
fine that last year. Of course, anything they asked
him to do, but that first term he didn’t want to
cooperate too well."
Then Mr. Smith asked you about the paddling.
"How about the paddling? He did that the last year
though, did he not?” And then you answered, "Yes,”
and then he asked you, "Would you like to have him
back under your supervision paddling children the
way he was when he last worked for you if you had
a school?" And then you said: "If you are going
to whip like that, I wouldn’t."
MR. SMITH; I wouldn't, excuse me.
MR. WILLIAMS: I said "I wouldn't".
MR. SMITH: I am sorry. I thought
you said I would.
Q Now, that's what you said in that statement,
isn't it?
A Yes, that is correct.
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Q You hadn't even thought about the paddling
until Mr. Smith reminded you, had you?
A No.
Q And you would in fact like to have Mr. Shaw
back , wouldn't you?
A Yes. He really cooperated fine the last
year. Didn't have a bit of trouble out of him.
Q And was a good teacher too, wasn't he?
A Yes .
Q Did Mr. Carothers call you up before he
fired Mr. Shaw and tell you that Mr. Shaw was going
to have to go?
A No.
Q All right. It was after the notice of
Mr. Shaw's failure to re-elect had cone out in the
paper that he called you up and asked you to come in,
aidn't he?
A Yes. That was my first knowledge of it.
Q First knowledge of any complaint about
Mr. Shaw?
A Any complaint. Mr. Shaw himself didn't
tell me.
Q And as a matter of fact, Mr. Person, I
believe that the morning that you went down to see
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Mr. Carothers after he called you, Mrs. Millie E.
Johnson, one of the plaintiffs in tnis case, had
to call you for something and you mentioned to her
that you had been called in about Mr. Shaw . Do you
remember that?
A Yes .
Q And I believe you stated to Mrs. Johnson
that you had nothing against Mr. Shaw and you didn't
know why they were calling you in about him; isn't
that correct?
A Yes, that is correct.
MR. WILLIAMS: Thank you, Mr. Person.
MR. CRENSHAW: I just have one or
two questions.
C RO S S-E XAMINAT10N
BY MR. CRENSHAW;
Q Mr. Person, my name is Craig Crenshaw,
an attorney from the Justice Department, and as I
understand your testimony so far, you stated you
never talked to Mr. Carothers about Mr. Shaw until
after Mr. Chaw was fired; is that true?
A That is true.
q Did you ever complain to anyone with the
school system about the way Mr Chaw was performing?
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A No.
MR. CRENSHAW; I have no further
questions.
REDIRECT EXAMINATION
BY MR. SMITH:
Q Mr. Person, the answer that Mr. Williams
read to you --
MR. WILLIAMS- Before you begin, may
it please the Court, and I nave another
question and I --
MR. SMITH: Well, now, --
MR. WILLIAMS: O.K. All right.
Q The answer that Mr. Williams read to you
in response to my question, "Would you like him back
under your supervision paddling children the way he
was when he last worked for you?" Your answer
was, "If he gonna whip like that, I wouldn't." That
was a true answer, wasn't it?
A Yes .
Q And it is still true today, is it not?
A Yes .
MR. SMITH: That is all.
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6 0
RECROSS-EXAMINATION
BY MR. WILLIAMS;
Q But that's whipping that you never saw
on your own? You didn't actually observe any of
that, did you?
A No.
Q Did you just --- let me ask you t h i s ---
A Yes .
Q — when this statement was taken from you
that Mr. Smith just read from, where were you at
the time?
A In the supervisor
Q Out at the school
A No . I was still
Q You were in the s
at the Board of Education?
' s office.
system?
in the school system,
upervisor's office out
A Yes •
Q Was that Mrs. Mo
A Mrs . Morton's of
Q And who was pres
A Mr. Bagwell was
and Mrs . Morton.
Q And Mr. Smith?
A Yes , yes.
rton's office?
fice, that's right,
en t?
there and I think Mr. Oreo
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Q' And they were there during the entire
taking of your statement? is that right?
A Yes .
Q And, of course, they advised you ahead of
time what this was all about, didn't they?
A No.
Q They didn't tell you what you were there
about?
A No. I had a call from the school to come
up there to the office after I leave my school,
to come by the office.
Q When was it that this statement was taken?
A I think it was October the 17th, wasn't it?
Q Was it October the 17th?
A Sixteenth. I think it was.
Q What I mean is, when you came in there was
some discussion before they began taking your
statement wasn't there? There usually is.
A Yes.
0 And you knew that you wore there to testify
about -- to give a statement about Mr. Shaw?
A After I got there, I did. .
Q Well, that is what I mean.
A Yes .
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Q After you got there. And before they began
the dictating machine, they went over the matter
to some extent, didn't they?
A Yes .
Q And reviewed the natter of Mr. Caro thers
having said you said that Mr. Shaw paddled too much?
A Yes. He had a note there.
Q They lot you see that note?
A Yas .
Q And went over all those matters before they
began this statement?
A Not in detail.
Q But they went over all of then to some
extent though?
A Yes, yes.
Q And the superintendent and.the supervisors
were sitting right there at the time?
A Yes .
Q And they were participating to some extent
in the discussion?
A No.
Q They were just sitting there looking at
your is that right?
A I don't know whether they were looking at
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us or not, but the supervisor seemed like she was
doing some writing. I don't know what she was doing.
Q They were right there in the same room?
A Yes, in the same room. They didn't take
no part in it,
Q They didn't take any part in it, but you
understood that the superintendent was interested
in the statement that you would give, didn't you?
A (No answer.)
Q You understood that Mr, Bagwell was
interested in the kind of statement that you were
going to give, didn't you?
A No, not exactly.
Q Why did you think he was there?
A Well, it was his privilege. He was
superintendent.
Q Well, the fact that he was there indicated
to you that he had some interest in it?
MR, SMITH; Nov;, if the Court please,
I object to that.
MR. WILLIAMS; This is cross-examination,
Your Honor.
MR. SMITH; He has already answered
that question several times. This is
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repetition.
THE COURT: Well, I let Mr. Williams
cioss-exaraine him but --
MR. WILLIAMS: I would just like to
ask him one more time, if Your Honor please.
THE COURT: All right.
Q The fact that Mr. .Bagwell was there did,
as a matter of fact, indicate that he had some
interest in it, didn't it, Mr. Person?
A I just don't know whether that •- that I
could say that truthfully or not, but he was there.
Q And you took note that he was there too,
didn't you?
A Well, now, he didn't stay in the room all
the time. He was in the other room.
q Well, he was in and out of the room though,
wasn't he
A Mrs. Morton was in the room all the time .
Q Yes .
A But Mr. Bagwell wasn't.
Q But he was in there part of time, wasn't he?
A Yes .
Q Well, now, you have already said he was
in there. Are you going to change that now?
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A Yes .
: MR. WILLIAMS: I believe that is all.
THE COURT; Mr. Crenshaw?
MR. CRENSHAW: I have nothing further.
MR. SMITH: Nothing further.
MR. WILLIAMS: May it please the Court,
I an sorry to keep jumping up and down.
I first thought I didn't 'want to ask him
this. I think I would like to ask him this
now, if I may.
FURTHER CROSS-EXAMINATION
BY MR. WILLIAMS:
Q Mr. Person, was Mr. Shaw the only male
teacher in the school other than you?
A Yes .
Q Actually, as a natter of fact, he was there
three years, wasn't he?
A He was a part of three.
Q How long were you principal of that school?
A About 23 years.
Q I think you said that earlier, so that
although in your statement you said he was there
only one and a half years, you were mistaken on that,
weren't you?
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A Maybe so.
Q He T/as there three full years according to
the records. If the records shov; he was there
three full years, then he was there under* your
supervision for those three full years, wasn’t he?
A Yes .
Q Then if you were mistaken about that, you
could be mistaken about some other things too,
couldn’t you?
A It is possible.
Q Yes. Were you away from the school a
great deal?
A No.
q No. All right, sir. You got there on time
every day?
A Not every day.
Q Some days would it be as late as noon
before you got there?
A Oh, no .
Q Oh, no. As late as 9 oo or 10:00?
A Maybe 9:00 sometimes.
Q Yes. At the tine Mr. Shaw was discharged,
there was no rumor going around that Mr. Shaw was
going to take your place or anything like that, was
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there?
A If he did, I didn't know anything about it.
Q You didn't hear anything about it?
A i didn't hear anything about it.
Q Well, you didn't have anything against Mr.
Shav? f you didn't recommend his discharge; as a
matter of fact, didn't know anything about it until
after he was discharged; that is correct, isn't it?
A That is correct.
MR. WILLIAMS: That is all, thank you.
RECROSS-EXAMINATION
BY MR. CRENSHAW;
Q Mr. Person, there is no possibility you
were mistaken about that?
A I beg your pardon.
Q You are positive you didn't make any
recommendation to the superintendent that he be
discharged and you are positive that you didn't
talk to the superintendent before Mr. Shaw was
fired about Mr. Shaw?
A No.
Q
A
You are positive?
Yes .
MR. CRENSHAW: Thank you.
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BYJFHE COURT:
Q Hr. Person, what was the basis of the
information that you used to form the opinion that
he whipped the children too much? Did I understand
you to say you did not see it? You did not go into
his room?
A Mo.
Q Well, what caused you to tell Hr. Smith
and us that?
A Usually the kind of disturbance to me and
the other teachers too, because the other teachers
did speak to me about it, usually say something to
me about it, but I never did say anything to Mr.
Shaw about it at all.
Q what you are telling me is that the
information -- you did not see him but the information
came from other teachers?
A They could hear it from the adjoining room.
Q You and the other teachers?
A Yes.
Q Parents ever speak to you about it?
A No.
q I believe you testified you have been in
this system 23 years at least. More than that now,
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isn't it?
A Yes .
Q And it has always been the practice to use
the paddle when you needed to, wasn't it?
A Yes .
Q Others that have come before you have said
that in Fayette County, that they used the paddle?
A I use it myself.
Q And so have quite a fev; of the other
teachers, haven’t they?
A Yes, sir.
Q Did you have some idea that this Court
was opposed to paddling?
A No.
THE COURT- All right. All right,
thank you.
MR. SMITH: Excuse me. In response
to one of the Court's questions, may I
develop a little further?
THE COURT: You may.
REDIRECT EXAMINATION
BY MR. SMITH;
Q Mr. Person, in your experience in the
system you have testified it was customary to usei •*
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the paddle.
To what extent was it customary to whip
the whole cla >s at any one time?
MR. CRENSHAW: I object to the question
on the grounds it is completely erroneous.
I think the witness' testimony has
established that he had no knowledge of it.
THE COURT: Well, I am going to ask
you to rephrase it, Mr. Smith. It isn't
really clearly established that it was the
whole class at one time.
MR. SMITH: It is going to be, if the
Court please.
The Court has asked this witness a
question about what the practice is.
THE COURT: Well, I grant you, Mr.
Smith, you may question him and request
that the record reflect that the Court has
asked the witness questions that this was
no more than excessive.
I was primarily interested in finding
out from this man if he was afraid if he
mentioned paddling up here that he was
going to be in trouble with me. And I
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don't want the record to reflect I am opposed
to paddling pupils. Nov/, excessive paddling
is another thing, but this witness has
not been much help to us on degree. I don't
know why but I'got the impression that he
was afraid the judge was going to not. like
it if somebody paddled children and I don’t
go with that. I don't want anybody to
think that.
Go ahead, Hr. Smith. You may question
him about the Court's questions.
MR. SMITH: Yes, sir.
Q To what extent has it been your experience
that it is practice in Fayette County to whip the
whole class at a time?
MR. WILLIAMS: Well, again, I object
to that question, if Your Honor please,on
trie grounds that it is irrelevant.
THE COURT: Well, it might be relevant,
we don’t want to have to call this man back.
I will let him answer it. If it is not
established in the proof, of course, it
becomes irrelevant.
HR. CRENSHAW: If Your Honor please,
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my objection was, based on an evidentiary
basis on the fact that he has not established
the fact that he has whipped the whole
class at one tine is denied. Our objection
as to relevancy is in that this witness'
own testimony -establishes the school was
not aware of the fact at this time.
MR. SMITH; Mr. Carothers' testimony
established otherwise, if the Court please.
THE COURT: Well, it didn’t --
MR. SMITH: And Mr. Bagwell's.
THE COURT; Well, I am going to let
him answer it and then I will decide what
to do with it.
A Your question was about whipping the whole
class?
Q To what extent in your experience is it
customary to whip the whole class at a time?
* well, now, I don't know whether anybody
whipped the whole class at a time. I won't say
he whipped the whole class.
q well, now, you did testify on direct, in
response to a question I asxed you, that it seemed
the whole class at a time, and you said that
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was a true statement.
Now, what I am asking you now is; based on
your experience, a teacher whipping a whole class
at a time, is this customary practice in Fayette
County?
A No.
Q 7\11 right, sir. Now, you stated you
could hear from an adjoining room in response to
a Court’s question. You have actually heard this
yourself. You have heard the spankings going on
yourself; is that not correct?
A Yes.
Q This is not based on what other teachers
have told you?
A No.
MR. SMITH; That is all.
RECROSS-EXAMINATION
BY JAR. WILLIAMS;
Q You can hear pretty much anything from an
adjoining room in a schoolhouse, can't you?
A Yen.
Q As a matter of fact, a lot of times
teachers leave their doors open, don’t they, in
the classroom; that is true, isn't it?
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A Yes .
Q And isn’t it true that it is not unheard
of in Fayette County for a teacher to paddle
children for failure to get their lessons sometimes?
That is not unheard of in Fayette County, is it?
A No .
Q Many teachers do that out there, don ’ t
they, sir?
A Yes .
Q Did you ever know of anybody for being
discharged for paddling a child for not getting
his lesson?
A No.
MR. WILLIAMS: Thank you, sir.
MR. SMITH: Nothing further.
THE COURT: All right. I assume we
can excuse Mr. Person?
MR. WILLIAMS: Yes, sir. Thank you,
Mr. Person.
THE WITNESS: All right.
(Witness Excused)
THE COURT: Now, Mr. Smith, do you
have any more proof available today?
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MR. SMITH: No, sir, I do not.
THE COURT: All right. Mr. Williams,
were you able to accomplish much on the
information about your stipulation?
MR. WILLIAMS: Yes, sir. I got all
of it worked out except a couple of minor
things at the end which we can probably
settle by asking a couple of questions
right here in the courtroom, if Your Honor
please.
I got the earnings listed for all of
those who earned anything. There are two
of them who have been doing some after
hours. They haven't had any work at all
but they have been doing some selling of
literature on commission in the nighttime,
which.I don't consider as being earnings
which could contribute to mitigation of
damages, and, therefore, I had just put an
asterisk beside their names and put down
at the bottom earned about so many dollars
each, and I haven't verified that amount,
if Your Honor please.
MR. SMITH: We haven't really got
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together and gone over this.
THE COURT: Suppose we do this: we
faced this problem this morning, and I am
going to ask tne lawyers to confer about
this, and I have had an emergency matter
come up during the day.
Mr. Sides, I will see you and I can
take this opportunity to talk to you.
MR. SIDES; Thank'you, Your Honor.
THE COURT; And then, Mr. Smith and
Mr. Williams and Mr. Crenshaw, if we can
cet some of that done today, then I will
be willing to come back before normal
Court adjourning hours and will ask the
court reporter to stay, and whatever we
accomplish is that much to the good.
Then I would like to get from Mr.
Smith an expression cf how many witnesses
he expects to put on tomorrow.
MR. SMITH: Well, I think I have got
four if we can work something out on these
figures, but I will tell you quite frankly
I am going to have to look these over
tonight, if the Court please.
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THE COURT: Well, all right. I am
not saying you have to work it out. I
want you to concentrate on Shaw witnesses,
even if we have to adjourn the hearing on
damages.
MR. SMITH: Yes, sir.
THE COURT: It does occur to me that
you might not be able to stipulate everything
about this, but at least we know where we
stand and I want to get the -- as much
accomplished and then we can find out
where we stand from that.
So we will just take a recess.
As far as the parties are concerned,
they are excused because we will have no
more proof. Stipulation will be on behalf
cf the lawyers. Anybody who wants to
stay, of course, they can.
MR. SMITH: Well, I will need the
parties here to go over these figures.
THE COURT: All right, Mr. Smith
and Mr. Williams, you may keep your parties
here if you care to for any need you may
have. Perhaps it will be a good idea.
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MR. WILLIAMS: I think he is saying
that he needs ray parties, if Your Honor
please .
MR. SMITH; No, not his parties.
THE COURT: Suppose we keep all the
named parties here for any use they need.
MR. CRENSHAW: If Your Honor please,
I don't remember. Has this statement been
made a part of the record?
TIIE COURT; Well, perhaps we should
take one copy of it. I don't care whether
we use the sworn statement or not. Mark
it for identification. The Court's remarks
will indicate what the 'Court did with it.
I do want to observe that I cannot consider
it as proof other than for the purpose
of what I let you gentlemen question the
man about here in Court. So no one should
consider that this was proof, but, for
example, there is no inconsistency about
his statement that his conference with
Mr. Carothers occurred after the meeting
when the Board elected not to renew Mr.
Shaw's contract. How that is no more or
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no less than the possibility that he could
be wrong, Mr. Smith, as far as you are
concerned, and, of course, the possibility
for the government and Mr. Williams that
he never told that any differently. So
it is bound to be right, and, therefore,
it is significant for the Court's purposes
that it occurred after the fact.
I don't think that the man's testimony
was inconsistent on that. And I heard
what he said in the light of the other
problem and I am, as the trier of the
facts, will just have to put it in place.
I have the impression I am going to hear
an awful lot about him from both sides
saying, "Look, he was cooperative," all
three sides, but that is the way fact
questions go.
But Mr. Smith has made the statement
available with the court reporter's
transcript and we will mark that as the
next number for identification.
THE CLERK; Fifty-eight.
(Thereupon, the said document was
79
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80
marked Exhibit No. 58 for purposes of
identification only.)
THE COURT: I am going to ask Mr.
Sides to come on in my chambers.
You lawyers, if the crowd gets noisy,
you can go in the jury room. I don't
expect it to get noisy.
. Mr. Williams, can I see you up here
about a matter?
(Off the record conference at the Bench.
'♦HE COURT: Have you gentlemen
completed your effort, exhausted your
remedies?
MR. WILLIAMS: Your Honor please,
we have tried but we haven't -- I don't
know -- as far as I am concerned, we can
say they are complete but I don't think
Mr. Smith will say that they are.
MR. SMITH: Well, there are several
that they are checking overnight, if the
Court please.
THE COURT: All right.
MR. SMITH: I think it is going to
require some checking.
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MR. WILLIAMS: May it please the
Court, I an just so afraid that this
thing will get closed without ray introducing
the certificates of these teachers and
also getting these interrogatories, the
answers to these interrogatories in the
record.
If I nay be permitted to do so, I
would like to do that at this tine to make
sure that that is accomplished.
THE COURT: All right.
MR. SMITH: If the Court please, isn't
this a part of his case in chief? We are
obviously going to have to come back
tomorrow. Couldn't we do this tomorrow
after I get through?
MR. WILLIAMS: This pertains to the --
it pertains to all the plaintiffs, if Your
Honor please, and as I understand it, we
are concluding with the --
THE COURT- Mr. Williams, state,
without going into detail, just state again
what you want to introduce.
MR. WILLIAMS: What I propose to do,
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if Your Honor please, is offer as an
exhibit, as a collective exhibit, a copy
of the teaching certificates of each of
the plaintiffs, including ~~ Mr. Shaw’s
is already in.
THE COURT: Yes.
nR. \1 ILLIAMS- And, socond 1 y , I
» believe . if I recall correctly, when I
was yetting interrogatories, answers to
interrogatories introduced, I and got up
tc about Interrogatory Ho. 17 in the
Mererren case at the tine that I was
interrupted by Mr. Snith. I should like
to introduce and have considered as a part
of the record the answers to plaintiffs,
the answers filed by the defendants to
Plaintiffs Interrogatories Nos. 17, 18, 19,
20, 21, if the Court please, of the answers
•filed by defendants to the interrogatories.
TiIK COURT: How, this is on1y in the
McFerrcn case. I seen to renonoer taut
you gentlemen had the sane number of
interrogatories up to a point and tuc-n you
HR. 5JTLLIA/MS: HiS , -'ir.
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THE COURT; Is that correct?
MR. WILLIAMS: Yes, sir. Those are --
answers are filed as Exhibit No. 42 in the
record.
THE COURT; Up to what?
MR. WILLIAMS: The answers are filed
as Exhibit 42 in the record.
THE COURT; And No. 18, 19, 20, and
21, are they?
MR. WILLIAMS: No, sir. They are
filed. Actually, those interrogatories
were one to 24 --
THE COURT: All right.
MR. WILLIAMS: -- in the McFerren
case, and we filed the answers to those
as Exhibit 42 and they pertain only to
the years 1969-70 and '70-*71.
We had previously, if Your Honor
please, asked Your Honor to consider as
a part of the record the answers of the
defendants to the interrogatories in the
Shaw case which were introduced as
Exhibit 24, and I believe we covered all
of those up through I believe there are
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only about 12 or 13 interrogatories in the
Shaw case.
THE COURT: All right.
MR. WILLIAMS: Maybe — well,-I believe
we had asked Your Honor to consider all
of those and simultaneously we had asked
Your Honor to consider the answers in the
McFerren interrogatories from one up through
17, I believe, at the time Mr. Smith
stopped us.
We would now like to go on from 17
to 21 in the McFerren interrogatories .
MR. SMITH: If the Court please, I am
not sure I realize all the implications of
this, and I can't quite understand why
Counsel is so anxious to put a piece of
his case in chief on during ray case in chief.
Not knowing exactly what is going on I have
to ^object to it at this stage, if the Court
please .
the COURT- Well, in view of the
Qpj^ction, I am going to ask mr, omitn to
be prepared tomorrow to state his objection.
I do not know how the interrogatories
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are worded. I would like to avoid having
to have you read them to me. I know I don't
want to have you read all the answers to
determine the relevancy or competency,
but if what Mr. Smith says is correct, I
don't blame Mr. Williams for not wanting
to overlook it, I mean about being
concerned with overlooking it. But we
are in the proof in chief.
I am inclined to let them in, Mr.
Smith, and I think the burden is on you
to convince me that they shouldn't be let
in, because this is a discrimination case
and we have to listen to the truth to
determine what they are.
MR. SMITH: Yes, sir. I am not
objecting specifically at this point to
the content of the interrogatories on
grounds of relevancy because I frankly
don’t know exactly what they are right now.
I am objecting to him putting the
interrogatories in as a part of my case xn
chief at this stage. I am objecting to
the introduction at this stage.
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MR. WILLIAMS: I did not intend to put
thera in as a part of h i s --
THE COURT; Well, I think maybe it
will save an awful lot of time. Mr. Williams
don't consider that I have ruled on it,
but,Mr. Smith, the burden is on you and if
you do not raise the problem at the end
of your proof, tnen we will consider them
in. All right.
MR. WILLIAMS: May it please the Court,
at this time I would also like to file
with Your Honor and ask Your Honor to
consider a xerox copy that I have had
the Clerk to make of this brief --
THE COURT: All right.
MR. WILLIAMS: Of this NEA brief
in the First Circuit.
THE COURT: All right.
MR. WILLIAMS: I think it will be
very helpful to Your Honor in considering
my argument in regard to the due process
bit.
THE COURT: Is it indexed?
MR. WILLIAMS: Yes, sir. If Your Honor
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please, I think what I really ought to do
is give Your honor the copy of the original —
THE COURT: I don't mind the xerox
copy, Mr. Williams. That will be all
right. You can keep that.
MR. WILLIAMS: All right.
THE COURT: I will file this away.
I might get it mixed up and I don't want
to be responsible for your printed copy.
This is legible. It is just that I don't --
MR. WILLIAMS: I haven’t examined
that. I assume the Clerk made a correct
xerox copy. I asked them to.
THE COURT: All right. Now, I think
probably rather than try to work out what
you have stipulated, Mr. Smith, will you
be prepared in the morning to state what
you will agree to on the basis of the
figures that Mr. Williams gave you, and,
gentlemen, I want to concentrate on the
Shaw hearing in the morning on your proof
and if we have problems, if we have time
we wi11 resolve them. You know that we
have a problem anout a death in the family
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83
of Mr. Crenshaw and I want to conclude this
hearing tomorrow if at all possible. And
if we cannot, if we have to adjourn the
hearing we can at least limit the issues
and come back on the question of damages.
MR. SMITH: Yes, sir. Lest there be
any mistake, I may in addition to the
Shaw witnesses have some portions of the
depositions in the McFerren case that I
want to introduce.
THE COURT: That is all right.
MR. SMITH: I did not mean to give
the impression that I had completely
closed in McFerren.
THE COURT: That is all right.
MR. CRENSHAW: If Your Honor please,
is there going to be a separate argument
as to potential relief?
TIIE COURT: Well, we will have to see
how much time you are going to leave. I
want to get all the proof in and then we
will talk about it tomorrow, but it is
my understanding, Mr, Crenshaw, that you
will not be available on Thursday.
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MR. CRENSHAW: That is correct.
THE COURT; -- due to this funeral.
And if I don't keep you gentlemen on the
track we are not going to finish anything.
I mean we are not going to complete
enough for me to work on Thursday, and if
we have to come back, and Mr. Williams
indicated in Chambers this morning that
he has an appearance in the Supreme Court,
I believe, on Monday; is that correct?
MR. WILLIAMS: That is correct, yes,
sir.
THE COURT: Well, as a trial Court
I couldn't ignore that and I don’t want
word to get out I was running tne Supreme
Court too. So it may be we are going to
have to separate the hearing until all
counsel are available. I don't want to
be faced with any hiatus that doesn't
complete as much as we can.
I have indicated to you gentlemen
I want to rule on the McFerren matter and
the Shaw matter on the question of
discrimination and the propriety of the
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failure to rchire or discharge.
So come prepared to concentrate on
that and then before we adjourn Court we ■
will then see where we are, including
argument and maybe proposed findings or
something along those lines.
I don't think we nave neglected the
case. We have worked on it. As I observed,
you gentlemen did a tremendous job the
week before we started. During the day I
inherited a Selective Service case. They
want me to issue an injunction before in
the morning. So I have a little work to
do on that.
You may adjourn Court until 9:30
tomorrow morning.
(ADJOURNMENT)
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IJ '.’’U'E DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
JOHN ^cFEP.FEN, JR., et al, )
P1 a i n t i f f r, , )
and )
UNITED STATES OF AMERICA, )
P1 a i n t i f f - Inte r v c nor., )
anti )
MRS. MABLE C. WALKER. et al, )
Intervening Plaintiffs, )
vs . )CIVIL ACTION
COUNTY BOARD OF EDUCATION OF ) NO. C- 6 5 -13 6
FAYETTE COUNTY, TEHr HFSHB , et al ,
)
Dafenaai5ta ,
)
and
)
FAYYTTACADHBY, a Ten11easee Hi:j.fare
Corporation ana its incorporators , e t a 1,}
p j;avo sea Ad rli tiona J. )
Da •• *n Hants .
LEROY CHAU, JR., )
Pi .linti If , )
ve )CIVIL ACTION
COUNTY BOARD Ov' EDUCATT'?1 OF )nO. C--65-136
,'TH COuli'i” T S'! nr t. C
i'.v_ te js
TRARECRT"” OF EVIDENCE
VOLUME II
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IS
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92
I N n £ x
WITNESSES direct
FXAMINATION
CROSS
EXAMINATION
Lois JGan Adams
Lorine Adams.
Janes Albert Jones
Leroy Gnaw, Jr,
Alice C. Cogbill
Myles Wilson
Mrs. Willie B . Johnson
Mrs. Viola McPerren
John E. Bagwell
9 4 9 8
101 103
10 8 110
115 , 179 , 290 14 6
131 202
2 0 4 , 210, 221 , 210 , 233
2 30
236 , 235 253 , 259
264 — -_
2 9 3 29 2 , 296
EXHIBITS
NUMBER- page
59 - Identification
60
55
56
61
62
63
15 7
197
24 9
251
305
313
314
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OCTOBER 28, IQ70
(Thereupon, the hearing was resumed
at 9 ? 30 a .ffi. , as follows ;)
THE COUJ1T? All right, let's proceed
with the Shaw hearing, please.
Hr. Smith, is your next 'witness
ready?
HR. SMITH? Yes, sir. Lois Jean Adams.
32
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94
LOIS JEAN ADAMS
i'ae said witness, being first duly sworn,
testified as follows, to-wit:
DIRECT EXAMINATION
BY MR. SMITH:
Q Will you tell us your name ana address,
pieasa?
A Lois Jean Adams, Route 2, Bon 73, Mason
Tennessee.
Q Where do you go to school, please ?
A Fayette Liiga School.
Q What grade are you in?
A li i n th .
Q And how old are you?
A Fourteen.
Q Where did you attend the sixth, seventh
and eighth grades?
A bradcn-Cinai School.
Q And did you r. now mr. Lexoy Shaw --
A Yes, sir.
0 ~~ while you were there?
Did Mr. Shaw ever paddle vou?
A Yos , six’,
Q Will you tell us way?
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A n e e a u y e I dor, ’t kucw / lesson.
Q now, Viiea you 3 ay y o u u o n *t know your
1 a;; s o n s , what do y3 u nc:aii , i-> O C <1 u -i u you coalin'
an3ver quostiona?
MR. IvILLlAMS : I object to Icjuii;
quest! o n r,, Y ex u r Honor please. That la
question was a 2 eadin a qua3 tier,.
i-:n: COURT : T h e court reporter hi
erat it and I didn't --
0 T oil us, p 1 a a r, a , wrueu you say you aiin't
have your lesson, you r • a ar■ didn*t — • vhat ao y ou
o o. n"?
A Because X d i dn!t know the q VI ►£ t~ X O 21 «
Q Didn’t know the :uawersV
A Yea, sir.
Mi*. WILLIAMS : ’’ell , now, that answer
was suggested to her by a former question.
yg r u o a r a s e ci ,i x s cioii; i o u r uOiixr .
his fornar question was, "1'h.it do you Man,
you didn 1 t know your lasso n bo cu u r, c you
couldJi * t answer quentione ’ .
THE COURT- Hell, --
MR. HILL I a:* B * Out that is all right.
TUB COURT: Go ahead, Mr« Srii th .
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‘‘ill you toll us, please, now oil ton did
Hr. Shaw whip students in his class?
A Almost everyday.
.HR. hlLIiIA;IS: That is objected to ay
being a general question that is incapable
of a specific answer.
THE COURT; Well, I an going to let
her answer it and we will consider it.
Q Go ahead and answer it, please.
A Almost everyday.
Q Uow many would he whip almost everyday?
A Eight or nine.
Q Whut would he whip them for?
A because tncy uiur.11 i.nov/ tnoit iesnoi*.
Q lioy many students were in your class?
A About 20.
Q What is the most students that Hr. Snaw
ever 'whipped at any one time tna.t you observed?
A Repeat the question.
Q Want is the largest number ox 3 «_uuenu* t.iat
you ever saw him whip at any one txiac?
A About eiq.it or nine.
fin. SMTii: That is all.
Ti>E COURT; All right, nr * Williams .
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Hn. WILLIAMS- No lu-sfcio*- Vo,lv. r>.]Uv.bcior<, lour Honor,
i. iiL C0 VRT: m r. Creas haw ?
cr>iiNSi:AT.,f: No questions, Your
Honor.
1IL* COU’r. rt-I right, you nay step
down,
(Witness Uncuse u)
;tH. SMITH* Lorinc Adana.
THE COURT: I don’t know how these
wi tJiGsscs got to Memphis , As tar ns I am
concerned, they can leave but do they have
transportation problems?
MR. SMITH: Yes, sir. No, they don’t
have transportation problems.
THE COURT; Well, they have to wait
until somebody takes them, do they not?
MR. SMITH: Yes, sir.
THE COUNT: Well, I assume they all
know that.
MR. WILLIAMS: May it please the
Court, I would like to call this young
lady back for one question.
THE COUHT: All right.
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MR. WILLIAMS: I didn't have my client
bosiuc me when I said no questions.
: I*L COURT; Maybe v/e ought to have hr.
Shaw here.
i>ll. WILLIAMS; lie is here now, Your
Honor please.
THE COURT- All right. Come back,
please, Miss Adams.
(Thereupon, the witness, Lois Jean
Adams, resumed the witness stand, and
testified as follows;)
THE COURT: Just have the same seat
and, of course, you are still under the
sane oath.
All right, Mr. Williams.
CROSS -F.XA MI NATION
BY MR. WILLIAMS;
Q Hiss Adans, what year were you graduated
from Braden-Sinai?
A I believe it was 1969, I think.
G What grade are you in now?
A Ninth.
Q How many grades did Braden-Sinai nave?
A Eight.
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Q You are just entering the ninth grade?
A Yes, sir.
T You were hot in Hr. Shaw’s class in the
* 6 8 •- * 6 9 school year, were you?
A I don't know.
Q K'hat «id .you say?
A ' I aay I don't know.
Yviio v; a a your last teacher at Drauen-S inai?
Ur. Parson.
Q
A
Q All right. And that was in the '69-’70
school year, your last year?
A Yes, sir.
0 All right, now, how many years were you
under Mr. Person?
A Two.
Q Co then in the sixty in t^e year before
last year you ’were in Mr, Person's class too,
weren’t you?
A Yes, sir.
Q And you were not in Mr. a.iaw’s class tnat
year, were you?
A Ko t sir,
0 You don’t xnov; how many or what people Hr.
Shaw whipped when you wore in Mr. Shaw's clans, do
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you?
A No, sir.
HR. WILLIAMS • Thank you.
* - ft. SMI? 11: Uo further q u«st i ons.
(Witness i:y.c«aed)
THE COURT: All right, nou , you nay
utep duvi;.
HU, SMITH * Loriaa Auar.s .
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101
LORINL ADAMS
Tiie said witness, being first duly sworn,
testified as follows, to-witr
DIRECT
BY MR.
EXAMINATION
SMITH ?
Q Will you tell us your name and address,
please?
A My name is Lorine Adams, 200 Rosser bane,
Arlington, Tennessee.
Q How old are you?
A Fourteen.
Q Where did you go to school?
A W. P. Ware High School.
Q What grade are you in?
A Ninth.
Q When you were in the sixth grade what
school did you attend?
A Braden-Sinai Elementary.
Q And who was your toaclier?
A Mr. Leroy Shaw, Jr.
Q Did Mr. Shaw ever whip you?
A
Q
Yes, sir.
Where did he whip you?
A In the hand.
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Q Chat did he whip you for?
A About sjorae arithmetic assignment.
Q Now, specifically, what about the arithmetic
assignment?
A ‘.sell, we had assignments to got out and
it was some problems had to be worked and I didn't
turn them in.
Q What was the condition of your hand after
he spanked it?
A It swole but it went down that evening.
Tali COURT: Speak up now.
A It swole but it went down that evening.
THE COURT: Went down that evening?
THE VIIT HE S S : Yes, sir.
On how many occasions did ho spank you?G
A
Q
C i d 3 3 ?
A
About once or twice.
How often did ho spank students in his
Gonetines everyday, according to what the
situation was
Q
A
0
And how many would ho spank everyday?
About eight.
Ancl what would he spank then for?
Assignments, acting up in class you know.
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/UK* how many students were in your class?
A About 2G.
!R. SAITbr That is all.
CP. OS S - !•' X A Mil IA ? 10 N
BY HP.. WILLIAMS:
Q ticy Adams. what year was this that you
v o re in the sixth grade?
i"> h»7.
Q Let' 3 sec now r you are in the ninth now?
A Yes .
A•*.< You would have boon in the eighth the
• 0 •3 -- * 6 0 ~ • 7 0 school year. and the seventh,
* 6 r> 1'J 69, and in the sixth th,-v ? r, 7 t <n v / ■“ 6 8 senool year,
s o i t was the ’67-' 63 senool y o a r ? is teat correct?
A Y e s , hj X aT •
/•*> All r i g at, h o v-t n ■ i n y grade s was hr. 3haw
teaching fcunt year?
A One .
q Did ha nave two gr atlas in the sane classroom.
do you remember'5
A Hi) t sir . X don * t think no. »7us >_ j.i.vta
grade .
0 And you thin];
that clwtssroo:.t?
there were just 2C people in
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10 4
A Yes, sir.
Q You don’t recall that there were two wrath
i n tha t class root?
A
G
A
0
A
One.
Just one, huh?
- C CJ , .
All right. You are positive of that?
Yo:j , sir
All rien dow , you got your hand spanked
only twice during the entire school year ? is that
righ t?
A Yes, sir.
Q When you said that i i e v h i n p o cl students
s o n c-tiv.us overyday , you dicl not re;an to imply —
you did not no an to say that lie whipped everyday
In the school year, did you?
A lic, sir, not ovuryday.
Q All riqat. And there wore other teachers
that also whix^pod for not getting your lessons,
weren't there?
A
o
Yes, sir, thOt 2T O W S sore of thor;*.
Did you make n m v - ■ you did not actually
count of tho nunbor of children he spanked,
dins Adams?y o u
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105
A No, sir, I didn’t count them, but, you
k n o w--
at This has been talked ever with you, hasn't
it?
A About this situation?
Q Yes .
A I have been asked questions about it.
Q And you discussau it?
A Yes, sir.
Q And wasn't it suggested to you that figure
of eight a•
A Yes, sir. It wasn't over eight.
Q It wasi*’t over eight but they suggested
to you that it was probably about seven or eight.
di dn *t they?
A bo f sir, I suggested myself.
Q You suggested yourself that it wasn 't over
eight
A Yen . sir.
Q But you don't know exactly how many - is
th a t right?
A l i o , sir.
Q You can’t say that Mr. Shaw whipped any
particular lumber of children on any particular day
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106
in the school year, can you?
A So, sir.
Q And when yOu 3aid it wasn't over eight,
you were thinking Lack 3o:se three or four years and
guessing , weren't you?
A Y us, s ir, but I can imagine —
HR. SMITH: I an sorry. I did not hear
the ansvc r.
T»!in. e H j . . c o u r t- All right. Will you state
y o u r a n a w e r a cj a i n .
A X say that he didn't ~~ it waa about —
when he whipped it wouldn't be no wore than eight,
unless there would be more than that that didn’t
have their assignment.
Q in your opinion, was Hr. Shaw a good teacher?
A Yes, sir, he learns you.
Q What?
A he Xaunxs you.
q no learns you. lie made you got your
lessons, didn’t ho?
sir •
MR. WILLIAMS: Thanh you, m V an.
er? ̂ CRlhlSHAW: I have: no questions,
Your honor.
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107
(Witness iixcusod)
: ill. Sill Til; Hr. Janes Albert Jones.
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100
JAMES ALBERT JOSES
The said witness, being first duly sworn,
testified as follows, to-wit•
DIRECT EXAMINATION
BY MR. SMITH♦
Q v’i 11 you tell us your nans and address ,
please?
K Jao.es Jones, Route 2, Box 141, Mason,
Tenses see-.
Q And how old are you, please?
Ai Sixteen.
q And where do you go to school and. what
grade are* you in?
A. ” , F. 17are, ninth grade.
q vAhore did you go to school when you were
in the sixth grade?
A Braden-Sinai.
Q L'ho was your teacher?
A Mr, Shaw.
Q f.'r* Leroy Shaw, Jr.?
A Y e o *
0 D i d ’■r. Shaw over paddle
•aI\ Y C 3 , X ~c .
r\ now many tioos?
J o n a s7
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109
Q
Every once in a while.
How often is every once in a while?
About everyday, almost everyday.
Is this throughout the whole year?
No .
For how long did this go on?
I don’t know.
You were in his class the whole year•
is that correct?
A Yes.
Q How, what would he paddle you for?
A Sonstines 1 won't have the lesson out.
q Hunt was the nost nunher of students you
n
o
ever 3 aw Hr. Shaw paddle at any one tire?
A lie whipped the whole class one time.
G And haw nan; wore in the class?
A I don't know.
Q And what did he wnir then for?
A •They didn’t have ari tnne tic.
Q where did those whippings take place?
A In the roon.
Q In the cl ns sroox.
A Yes . •
Q Was the whole class there when somebody
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110
would be whipped?
A I don't know.
0 You noan you don’t remember?
A I don’t remember.
HR. WILLIAMS* Your Honor, I object
to him attempting to harass his own
witness, Your honor.
’THE COURT* Well, I will let him ask
him.
MR. SMITH ? That is all, if the Court
please.
THE COURT* All right, Mr. Williams.
C RO S S-EXAMINATIOH
BY MR. WILLIAMS *
G When fir. Shaw whipped you, Mr. Jones, you
say ho whipped you for not getting your lesson out?
A
Q
you?
A
Yen .
And you hadn’t got your lesson out, had
NO .
0 Were there other teachers who also whipped
for not getting your lessons out sometin;s?
Yon, sir.
You don't know exactly how ir.anv children
A Yon
0 Y o u
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Mr . Chaw whi pycu at any particular tine, do you?
A Ko .
THE COURT ; Speak up now.
A ho , sir .
Q Was nr. . Shaw u good toucher?
A Yes , sir.
- . i „ . w a j , * n ; I can’t hear the questions.
I ao sorry.
Q V a s Hr. 2haw in your opinion a good
teacher?
* * Yes, sir, ha 'were good.
Q Did ho p.ake you go t your lesson?
A Yes .
d d • * *' X i~f.Lt X i \, IS * Y u r t x s a 1 X *
ME. CUH MS I! AT<T: I have no questions,
HR. 5 nil’ll r ho til lug further, if the
Court please.
Tin: COURT: All right, you uay step
down.
(: i t n a a n E x c used)
ME. GdlTn- If the Court pleura, that
concludes, our proof except for this natter
of c.-irninp- which I think wo are going to
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112
stipulate. It 1*3 just a question of things
being checked overnight and I haven't had
the results of that checking.
Tab COURT; All right, I wo u1u prefer
to go on witn the other proof and t h a n ve
O XX * 1 (JO (j back to that.
MT)- * * - * *■* » t! *r r:i t tci.Uj.li ; Me11, now. except for
/• V, , T -iW i *. Ca <4 »»i. through *
T lib COURT: Do you have witnesses on
that iasue?
i i‘ i 4 v » SMITii : woxls XX wo have an issue,
X V/ O u X Ci call the plaintiffa and I would
road dopesitions. Xx \/o C2U stipulate it,
we will stipulate it.
Mil. WILLIAMS: May it please the
Court, we are caught slightly by surprise,
ho thought that the defendants would have
sons substantial proof this norning,
nn. SMITH: I feel like I do have
subscantial proof.
Tub COURT: iiow, Mr. iulli.uis , wc don't
cut anywhere when you categorise the other
sxuc's proof*
PR. UlhlilAMS r Your honor please, I
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113
can proceed at this tine but I nay run cut
of witnesses before lunch tine. We had
some witnesses under subpoena. I think
we had then under subpoena and they are
coning here. I don't see then all here
but I can proceed with Hr. Shaw arid sone
of the witnesses.
THL COURT: All right. I would prefer
to do that, Hr. Smith, and reserve the
natter of the problem about the stipulation.
MR. SMITH; Yes, sir. It is 3 till
open to us if we have any problems to out
on proof about it?
THE COURT: That is true.
HP.. UILLIAM5: This is what now, if
Your Honor please?
THE COURT* I think you ware having
a conference with Hr. Shaw. Hr. Smith
gathered that lie had not conferred about
the stipulation on the damages and that if
there was not to be a stipulation then he
wanted to use .none of the depositions of
the plaintiffs or possibly call the plaintiff:.
M k . v; ILLI AH S : Yea, r; i r .
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114
TIIL COURT: And I indicated I would
prefer to gc on with this line of testimony
and cone back to that when we finish.
MR. WILLIAMS: Fine, Your honor.
Mr. Shaw, will you take the stand,
please?
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115
lehoy s i : j r .
The said witness , being fir st du1y a wor n ,
t £ S 11 fied as follows, to- / i t .*
DIRECT EXAMIHATIOK
BY MR. KILLIAHS:
0 Stato yaur n ana, age and a cld ro as, please.
A Leroy Show, Jr., age 27 , 2001 Carver,
Apartment 8, Memphis, Tennessee.
0 Are you married or single?
A Single.
C And I believe you are a black man, are
you not?
A Correct.
Q State your educational background.
A I finished elementary school and high
school in Fayette County, Tennessee.
Q Were you born in Fayette County?
A Right. I finished Tennessee State
University in bashvllie in 19G4 with n BS in
Agricultural Educe tier..
0 All right, sir. x-ji 11 yor. state what, if
any, professional exyorionco you have had since
graduating from college?
A T taudit school in the Fayette County Scuool
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116
System for the school years 1966 through '69.
& All right. While at Tennessee State
University did you have courses in education --
A Yes, sir.
Q -- in the field of education?
‘‘hat, if any, postgraduate training have
you had?
A 1 believe during the school year of ’67~*68,
I attended Memphis State where 1 obtained six
semester hours in elementary education.
Q At that time you were teaching elementary
education; is that right?
A Correct.
Q State whether or not you have had any
training in connection with the head Start Programs.
A Yes. Prior to the time I began working
for the Fayette County Board of Education I took
eight weeks' training courses at Memphis State
preparing me for Head Start teaching.
During the next three years, xaext three
summers rather, I taught head Start.
0 Where?
A In Fayette County.
Q Under whose supervision?
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A It was under the OLIO Program.
Q Do you know *Ira. Alice C. Coybiil?
A i C! a .
Q Did she have anything to do with the OE
head Start Program?
X Yes .
C? What was your first school arc you aware
of what her precise position is with the Head Start
Prog rasa?
A Of what her precise position is, no, sir.
Q Sue dues have a supervisory position with
QEO, does she not?
A Correct.
0 To what school were you assigned in your
tenure with the Fayette County Board of Education?
A Braden-Sinai up in Braden, Tennessee.
0 I believe that is located in the northeast
portion of the county?
A Correct.
Q That school has now been closed, if I an
not mistaken?
A I neurd it lias.
Q Under tiie order of the Court?
Correct.
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114
Q At any time when you wore there were there
any whites on the faculty at Bruden-Sinai?
A No.
Q V<as there a white school close to Braden-Sina:.
A Yea.
MR. SMITH: If the Court please, I an '
going to ask him to let the witness
testify about these matters rather than
the leading questions. So I object to
leading questions.
Q Vs as there a white school close to
Braden-Sinai?
MR. WILLIAMS* I don’t see liow that
is leading, Your Honor please.
A Yes.
THE COURT: All right, just a minute.
MR. SMITH: Quite obviously the
answer is indicated and there is no problem
on this, but I an going to object to the
leading questions and I an going to ask
the Court to ask Counsel not to lead.
HP.. WILLIAMS: I am going to need
instructions on that, Your Honor please,
because I can't see how that question is
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119
leading.
THIS COURT t That question is not
leading.
MR. KILL I AMS : M l right.
T1IL COURT: But, Mr. Williams, you
know how it is when ycu need to lead your
client along. I will ask you to beware
of the problem. When Mr. Smith's witnesses
were here the shoe war on the other foot.
However, the last question vaa not a
leading question. I don’t think Mr. Smith
had reference to that one as much as some
of the others.
You nay proceed.
HR. KILLIAMS* Very vell.
Q Hr. Shaw, were there any black teachers
at Braden '.'hen you ’."ere there?
MR. SMITH: If Your Honor please,
as a natter cf fact, that is exactly the
type question I an referring to. The
question calls for a yen or no answer. lie
can phrase his questions so that the
witness can phrase his own answer.
Till: COURT; Mr. B~ith, I do not agree
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120
the t e v o r y q u o s t i o n that can Ijo answered
wi th yes or no is a lo a diii'■j question.
I assume if he should. nay, "State
whether or not there were any block teacherJ
at Braden Scaool, " bat the witness has a
perfect choice to say no or yes, and I
overrule that objection.
A Yea,
Q How many and during what years, if you
recall?
A One during the years of ’ 6i> through * >13 .
That was the years I wan employed by Fayette County
Board of Education.
Q You mean during all tnree of those years
there was one black tc.ac.uer at Braden ? is that
correct?
A One.
Q V/as that a rule or female?
A Female.
U Appronir.atoly now far was Braden from
Eraden-Sinai?
•* I would c ay loss th:in a mile, one rails.
0 All rig:a t. Di.u you at. any time have a n y
u 1 f ficulties ‘with your principal , hr. hansom Person'
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Q Were there at any tine any complaints made
to you regarding your performance as a teacher by
anyone prior to your discharge?
A 1*0, sir.
HU. Sill Til i May I have a continuing
ob jection so I won * t have to jump up
every tine, please, sir?
he objected repeatedly tarougnout
my testimony.
HR. WILLIAMS: I did not, if Your
Honor please.
Tab COURT: Wait just a minute, Mr.
Williams . Let Mr . omita fmisn , preu.se .
MU. SMITH: To questions just exactly
of this type. Questions where no can as*,
a lone question and the witness can simply
respond with a yas or no answer. May I
object to that type question witnout having
to jump up every time?
Tab COURT: You can. I don't want to
make any deal with you, Mr. arnica, that
I never would sustain your objection, but
A 1*0, sir -
the Court states that that was not a
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loading question, and insofar as you think
it was, you may have a continuing objection,
and I will give you a continuing overruling.
MR. SMITii: All right, sir, thank you.
THE COURT: All right, Mr. Killians.
MR. WILLIAMS: I apologize to the
Court for interrupting, if Your Honor
please .
THE COURT: All right.
HR. WILLIAMS: But I do not concede
that I did jump up repeatedly and nake
objections.
THE COURT: Gentlemen, I sit here
everyday and see lawyers go like that from
tire to time, and I am not going to decide
the case on how many times either side
jumps up.
Go ahead, Mr. Williams.
0 Mr, Chav;, did you on occasion paddle children:
A Yes.
Q And did you on occasion paddle then when
they had not gotten their lesson?
A Yes.
Was that state whether or not any othern tha t
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teachers in the-Fayette County School System
paddled for that same purpose?
A 1 believe so, in the school system. In
r.vy school I know for sure, yes, in the scaool that
I v a s a t to«u i n g .
c Ax! right. In the scnool in which you were
attending you are answering that there wore other
teachers ?
A I knov/ dofini tely, ycs.
Q And you believe there wore others in the
school system* is that correct?
A Yes.
C did tne principal, ij. . Person, xnow that
they were paddling for that purpose?
A Yes.
0 Do you know whether or not ;■;r . Person
hiiusal f ua:s one of those who p cl Cl d X O vli children for
tli a t purpoae?
A I wouldn't know ths rec l 3 O n H G vl 13 c d 1-11 G
paddle.. I wouldn't.
0 Did Hr. Person himself U5C . ti*0 p* civic! 1c?
A Yus .
Q Did he use it frequent ly?
4*. hot frequently.
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0 dr, Chaw, wore you over guilty of any
tiisusa of the paddle?
Were you aver guilty of mistreating any
children while paddling the?:';?
’' E. C :ITi: • If the Court please,
again that is an ultimate conclusion and
also a leading question. So I object
to the question on both grounds.
the COURT? Hr. Williams, I 'will ask
you to rephrase the question on the
grounds the word "nisusQ" could be
nisi conn trued.
Q hr. Chav, how frequently did you paddle
children in the class?
A (ho answer.)
0 Do you have any recollection? Can you say
how frequently did you paddle them?
A I really can’t. During the first year
u s a d i t m o r t h a n I did t;he last year. The last
year I solcon used the paddle at all.
Q Hr. Shaw, I believe you arc certified in
the field of vocational agriculture, arc you not?
A Correct.
C And at the tire you wore also holding a
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125
temporary certificate, teaching certificate from
the state authorising you to teach the elementary
grades?
A Correct.
Q Did you have --- state how you came to gut
that elementary certificate.
A Well, x believe I already said I went back
to school. Prior to that, the first year, all I
had to do was to apply with state certification to
get a certificate which lasts tso years, anu when
it expires you must go back to school and obtain
six quarter hours or six semester hours to got it
renewed, and that 1 did at humphis Statu during
’ G7-'63, I believe would be correct.
Q All right, now, did you do that at the
*
request of anybody at the Board of Education or
on your own volition?
A I did it on my own.
MR. WILLIAMS; I would like to have
Mr. Shaw handed Exhibit ho. 3b, please.
I would like to have 33, JJ anu 40.
They are right here.
(Thereupon, tao said exhibits were
passed to tiie witness.)
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‘3 Mr. Sail'..’, did you receive Exhibit 30 in
the mail?
A Correct.
0 Tnat is the letter from Mr. Carothers,
dated April 22, 1069: is it not?
A Yes .
Q What did you do after receiving that letter?
A I wont to talk to dr. Carothers about two
or three days later, I believe.
Q How, prior to receiving that letter, had
you had any communication from any school official
of Fayette County during the entire time that you
had been teaching there advising you of any
standard or rule or regulation pertaining to your
ctiscnarg
A L'i C f bi r.
Q U a vc you had any cormunication fro
SUC ii S CliOOi. c fficial :. dating a n y b a s i c, u g o n
you might be discharged if you did not pursue
course of conduct?
any
hich
some
A b'O , ̂1*
2 Have you had --
ti;k COURT: uai t just a minute.
* t T”,J » . V , SMITh- If I nigat just runew
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ny continuing objection to the loauing
nature of the question, if Your honor pluaae
I just apologise to the Court and
don't want to take the Court's time every
tire this corr.es up, but I don't want to
waive any objection that I have by my
silence m sitting here.
Counsel asks them a very detailed,
loaded question that he can simply answer
yes or no v/nich amounts to Counsel testify
ing for him and 1 object to this, if the
Court please.
THU C0UHf: Ail right. I overrule
the objection.
Q Prior to receiving that April bind
ccmrrumication, had you had any communication
v/h atsoever f r o n a ny echo
County stating that you
A no, j X .
Q Have you ha tX * *
school o f £ i. c i a 1 i n Fay t
any rea son for your u L s c
A Other taan t sis
g Yes .
, •?
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128
A. Mo.
Q Prior to receiving that letter, had you
had any hearing or opportunity for a hearing
insofar as you were nude avraro regarding any reason
for your discharge?
A l* o #
Q /All right. How, you say do you know
how long it was after April 2 &.nb v'.'ion you reoexveci
that letter?
A fell, .if I knew the date this was on.
This was oa Thursday, Friday.
Q foil, the letter was dated April 22nd.
A I believe it was on a Thursday or Friday,
and I went next week, maybe a Monday or Tuesday.
Q You are not answering ray question.
Do you have any recollection, after the
elate of that letter, of when you received that
letter?
A ho, I do not recall.
Q But you say two or three days after
receiving it you went to see Mr. Carothers; is that
right?
A Correct.
Q All right. State the content of any
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129
conversation between you and Mr. Carothero.
A fell, I went in. I tool; my letter with ne
at the tine and I thought it was some kind of
‘ t
mistake because I was not guilty of what the letter
said and I thought he was --
Q Let me see the letter.
A You arc referring to Exhibit 30, right?
C! Yes.
A So I told Mr. Carothers that I had gone
back to school and obtained these hours and I
brought it to hir. attention that ray letter should
be there in the office because that is where I got
my certi i. X O t-i V IT C> 2 1 ti * • O .
So I told him I would get this information
in to hin, information from. Memphis State auu also
from Mr. A. b. Cooper, who was the state director
for teacher certification.
Q All right, let me get you straight. then
yon said you wore not guilty of what the letter
said,' were you referring to this information in the
letter -- what were you referring to?
A I was referring to the letter not being
true for the reason in.being discharged.
Q And what did you nc-an by that?
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1 JO
A
you are
net any
r..e read
In oilier words, I meant that where he said
teaching out of your major and there wore
jets open in your major field, and let
the letter and I will go back.
(Thereupon, the said letter was
passed to the witness.)
A Let tig look over it here a minute.
The reason is that I was taking for granted
there were more instances where this was taking
place other than mo raid 1 knew of teachers that was
teaching cut of their major field, teachers who had
less education or no more than I hud, and teachers
without degrees also.
It seemed to ba .the problem at the tine
that he didn't know I had gone Lack to school, and
I told him I lucked only six semester hours and I
told him I would get those hours the next semester
cr in the summer, and he asked was I going back to
school that summer and I said no, that fall. And
I would have them completed by the school term
’ 69 - ' 7 0 , X believe.
Q This was in April of *69, and you were
saying you were going back to school in the fall?
A Correct.
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131
>* Would it have been the full o f *6 9?
A Correct»
0 When would you have expected to have all
of your elenent try education training cor;pie ted?
A As of the end of 197 0.
Q As of the end of 1970?
A Y e a . Well, not the end of *70, the end o f
the school year it Memphis State where I planned on
goiny bach..
C And thut would have given you a pern ana;it
e ler>entery certi ficato?
A Tu r r j . r o certificate, I believe.
Q Sir?
A Tenure •
n*v 'Tenure co r t i ficate?
A Yes, sir.
Q And you presently had only a ---
A A temporary certificate.
G What was Hr, Ca rothera reuponao ?
A Wall, ho iz .a•- ' 7 * Hr. Shaw, got this information
in to tie and cone 1 > a c . and tall; to no . "
when I go t the i n f c rna t i o n - - wo. 1 j., I
believe? •—
Q Refer to bull ibi t 39 ana state what , if
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132
anything, you know about Exhibit 39.
A Thin is a letter from hr. A. ft. Cooper,
State Director of Teacher Certification. I requested''
hits to send .Mr. Carothers a letter and send me a
copy.
Q .Mr. Cooper is in the Department of
Education at Nashville, Tennessee, ia he not?
A Correct.
Q And you requested hin to send your official
records reflecting the amount of hours you needed
to complete --
A Correct.
0 --- the training for your permanent tenure
certificate, is that it?
A Correct.
Q Did Hr. Carothers ~~ I will withdraw that --
state whether or not you did receive a copy of a
communication iron Hr. Cooper to Mr. Carothers.
A Yes , I aid.
w And examine, if you v/ill, Exhibit 3 9 and
i a c* r.t i f y that if you can with reference to the cony
that you have just stated that you received.
A Y nis is a copy of the letter. This is a
copy .
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133
0. All right. About how lone, after you talked
v/Ith Mr. Carofchers waa it that you received that
copy?\
A I don’t recall. This first letter was
dated the 22nd. between the 22nd and the 30th of
April, it seem, right here.
Q All riyht. Upon receiving that copy, what,
if anything, did you do?*
A Veil, I went in to Hr. Carothero as he
advised me to do when 1 received this.
Q How long after you received it was it that
you went to see Mr. Carothars?
A I went to see him immediately after I
received the latter.
Q All right. You say the same day or the
day after?
A Maybe the day or the day after.
G All right. Btofce what, if anything,
transpired between you and Mr. Carothors at that
confcifer.ee?
A lie told no that ho had received a copy and
ho told mo ho would put this before the Board at
the next Hoard mooting whenever it was going to taka
piece. It was coning up in the next two or throe
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134
weekn. I recall hin telling n.e that and he said he
would give this information to the Board and see
if they would consider rehiring no.
Q ' Did he say anything further to you at that
tine ?
A lio f he did net.
Q All right. Did you have any further
c q enu nica t ion fro is Hr . C aro there?
A Yes. I want bach to Mr. Carothers again
at the tine I""thought the hearing should have taken
place.
Q that hearing now?
A The Board hearing. The Board meeting that
was going to cone up, and during that discussion I
t h i n k ha did as k r;.e about using the paddle at school
and he a s k e a ne d i <’. I try to us a the other teachers'
and I said yos , and I recall tel ling him, I said,
** M r . C arc tliers , i f I di .1 use the paddle too much ,
s a c m 3 X would have been advised by r.y prise j. p <x .1. o r
someone.” He said, "You are correct. X agree
with you on that.” Ho said the Board meeting had
not taken place. Ho said it had been canceled for
so;-.a reason. I don't recall going back again.
Q Dio' **r. Carothers state to you or give you
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13 5
any indication that yon could appear before the
Board or should appear before the Board?
?\ hu uiil not«
Q bid you have any statement from dr. Carothers
that the rotter of the paddling was a charge
*
against you that you needed to defend?
A iio, he did not,
Q what was your uaderstanding when you left
Br . Carothera with ragarc! to th at?
/a M y u a d o r s t . a n d i r i g •w a s t h a t t h e i s s u e w a s
Ci 0 p e a . d i n g o n t h i s l e t t e r h C: r-. 5 c e i v o & a n d h : v ; a s
q o i n g b a c k t o t h e B o a r d a h .o u t h a 13 .
Q D i d h e i 11 v i t o y o u t o c t 'L > ’ ; C o 3T ’■ > C f O 2T 0 t h e
Board?
A bo, he aid txat. He said he woold look
into the natter hi. ■: 1 f .
0 Did he i o 11 y o u when the Board would raest?
lX It O Uxnt not g i vo an exact o.ato . A. 1 O tl -X. ,1
two or turoe we• : ;1 S . ilC W-oulu have give n the etc to.
I doii t.- recall that.
0 B i d ’ i r . Caroticr a naka any r> t ntenant to
y o u a;;»cut your — to the effect that you r c r i n c i p a 1
had s a Xx that y0 U ’ ? - XT 0 * •coop- r ..tivc?
A a , * , ̂i e xi i U »■ o t *
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130
Q Did he nakn any statement to you to the
effect that your principal was dissatisfied because
you had failed to contribute three dollars to a
school picnic?
A Ho.
Q Did he rathe any statement to you whatsoever
to the effect that your principal or anyone else
i1 iX *-i n a i d t h a t you would not respond or aceapt,
respond to or accept the suggestions of o them?
A 1, o .
Q 0r of your principal?
,\ No.
HI!. 17XL 1>IAMS • Could I Stave Exhibit
No. 5 2, pieAuu?
(2iiarouf<on, the said exnibit can
pnosed to Counsel,)
Q Did Hr. C a rot tiers make a fluctuation to you
at that ti.e or at any other tire that you did not
listen co the su<;-jdStions of others inducing your
P r i n c 5.- p a 1 ?
A ho.
•} Wiian war? the first: tine you heard about
this natter of your allegedly not contributing to
the picnic, to a school picnic?
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A I believe i £ was in Court yesterday.
0 All right. I hand you an ins tr uncut t.u t
has been introduced as exhibit dr.
Have you ever seen that document before,
before you carae into Court here, t.ut re Lo say?
A do.
Q How, take a look at exhibit 40 -
MR. SMITHr Chat was that iast exhibit
nurcbor?
OR, VllhiilnllS t Fifty-two . That is a
piece of scratch paper as inu n Li £ i c a by
Mr, Curcthers on w*i x c ii ha ii 4- ,-a t c a the things
xxo sain lie notes. •r-*0•a
bid you receive Ibthibi t 4 0?
T e s .
That was the letter of J u ne 10 , 13 6 ii , froa
Mr. Carothers to you?
A Correct.
Q Let r.-o back up a little bit. The letter of
April 22 nd - - April 22nd was on a Tuesday. April 22nd,
130 1), was on a r ue:; tay . That being true, approxiraa telj
what day of the week and V/ * I Ci ti. date was it that you
received that Iutter of - April 22nd which is exhibit
30 there?
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Ir X rt'call right. this latter had to »» eve
ay or VaurS'say. X believe. I am
not s a re. 0no oi tiros« d ays.
0 hi -cIter ’.’anno r; lay, April 2 i ru , or T1 'tur r,day ,
2 4th, IbG'i - is that correct?April
Co
Q A11 right, now t:i e n
that letter, cj to whether ox:
you had neea 1. H go by the i?j
ilducc. tion ■, given any publicity in true ntv»’spaper3
in this 1aca ii ty?
A hot that I recall.
Q It was not nubli -ilied or do you know?
A I t’ on ' t ic’iOv; .
TUI. COURT ■ All right.
Q After rc-coi ving the letter of 1C June, 19 70,
did you have any further conr.un lea tier, with Hr.
Carotears or tue School board?
A Ho.
Q Dia you or not see!: counsel at that tin.*?
A Tec.
n . CS iv> . state Wiethe r or not you made
applications fur other et,doyemt after you ware
disanarged by the Fayette County School hoard?
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139
A Yo3, I did.
Q Wore those applications accepted?
A ho.
Q What are sone of the Boards that you nude
application to.
A Hardeman County and Shelby County Board of
education.
Q State whether or not it has an adverse
affect on one's chances of employment in any system
when one is discharged by a prior systes?
A X would believe so.
Q As a matter of fact, have you been able
to obtain a teaching contract since you were
discharged by the Fayette County Board of Education?
A li o , s
0 What ar« you p r a r> e n 11 y doing?
•»* X an X'. r e s e n 11y working a t M a y c r M y o r s
Pape r Company in tuis city as a s a J. e- s v.\ a n .
Q State whether or not you had any -- it
affected your state whether or not you had any
mental pain or emotional pain and agony as a result
of your dincharge.
HP.. SMITH* Again, if the Court please,
I would like to renew ry same objection,
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140
and additional objection that I don’t
believe we are seeking damages for pain
and suffering in this case. I may be wrong
about it but X don't believe so. I object
or. that ground.
MK. WILLIAMS: May it please the v
Court, this relates to the position that
we take that with regard to the issue of
back pay that there should bo no matter
of mitigation. There s ti O ulci iiO issue
of mitigation with respect to what he has
earned in the interim because of the
additional daisagos which have resulted to
theua plaintiffs.
Sa3 COURT: bell, all riynt, I will
let you ask him.
Go ahead, Hr. Williams.
Q Kill you answer the question, please?
Do you renerber the question?
A Yes. The answer to tns question is yes.
C All right. describe that, if you will,
if you know.
A Kell. during the tine of being unemployed
was a great deal of pain on no. I had bills get
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141
behind
I beli
ment a 1
to pay
G
County
I couldn't pay my bills. I was unemployed,
ve, up until October. There was extreme
worrying vhere 1 am cjoinq to'yet the money
the sc bi ils , car in:< te , and tiliiru•3 like th
At the tZ. j* niG W U IT c- you z i t i c\ y e IL
at the time you were .teaching out there?
Shelby County.
Q You were residing In SaelLy County at that
time?
A Yv.s, sir. At the time of my discharge you
are referring to, right?
r
Q Yo b ,
A Correct.
Q You were res itliny
in F a y e fcte Couircy ; i S ill a t
•*i£\ Correct.
in Shelby County and not
right?
Till. hILLIA/'h; I believe that is all.
TUb COlinY: All right. Hr. Crenshaw,
do you desire to ash any questions of hr.
£> h a w ?
:vj<• cn:.:hSAAb r *. o t nov ur Honor •
»■
* i <■ V
v ? ' Ta • i u. - «hi AMS: hay it plealit! Your Honor,
the rc i-:3 on- c the r auviitioi>ul Hue stiun I
c a n t to tlSii .
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14 2
BY MB. WILLIAMS:
Q Mr. Shaw , you have charned in your cowplaint,
among other things, that the School Board -- that
one of the real bases for the School Board discharging
you is because you were a single and unmarried
black rials.
Kill you explain that to the Court, if you
please?
A Yes . During the school year of » 68- ’ 69,
I believe that there have been two black single
males already been discharged during the school
year, and I believe there was one other than me
which would have been four during that school year,
and. tne last, there was still white single nale
teachers with no nore or less education and
experience than I nad in the school system.
Q All right. Did you know of any other
reason or any other substantial reason way you
should be, why they could have die.charged you other
t.-'Kiri that, other than that your being an unmarried
black male?
MR. SMITH * If the Court please, I
don't believe whether or not he can think
of ar.y other reasons he was discharged is
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143
relevant in this case, and it also calls
for nn ultimate conclusion which I think
the Court has, so I object to if.
i’K. b’lLLIA.MS : If no knows of any
reason, then it would be relevant, Your
Honor please. I an asking hir.i if ho knows
of any.
TUK COOUT i All right. I think he
is entitled to say if he knows of anyth
else an far as n e is concorned.
A 1 don't know of any reason.
Q You wore fully certified to teach in
vocational agriculture, weren't you?
A Correct.
Q '.Core there positions in vocational
a <3 v iculture avail able in fellt. V school distiet at
the tirr-e you wore disohnrgo d?
A Y-vj. I learned that that 'can true.
Q D i d y o u learn that a v/hi fee pan was emp
the very year you were discharged?
A Correct.
Q And he had no experience with the school
system, I don’t believe?
A According to the paper I read j. L in, I
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don’t believe.
MR. SMITH * Ag.ii.n, if Your donor please,
I object.
TiiK COURT* I sustain the objection.
There arc other ways that that cars be
established.
MR. 'WILLIAMS t All right, Your Honor
p 1 e a s e , it has a 1 re a d y b a e a e a t a b lishe <1.
THE COURT: The witness said-be read
it in the paper.
'r. Crenshaw, I understood that you
h ' d n o ipi e s t ions .
MR. CPhhiiMA’n • That in correct, Your
t i o n o r ? •- X o a s o
THE COURT r M l right, Mr. Smith.
C RO n S - t XAM I >N ATTO M
p V >7 p r i ! i T n ! i ■
Q :"r. S '■: iv/ - as I uiulc-r 31 aad your tentii ’any
j u sh given, yOU state that lt is your belief t h n t
v r> were not rob.i r .-.u because y ° u wore a bineb male:
i s that corre ct?
i< • ' r i t. i s not corre c t. It 1 s r.ot ontirely
correct.
0 'Ja 11, it fcat*.? tna t n ' i n for r. io f pioarsa . sir .
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I was writing awful fast and maybe I misunderstood
y o u .
A S i a c;lo black run.1G «
r> l i i ‘Jlii black ji’.u 1e?
A G G .C ITact
W Do you uelieve you v/ure not retired for
t'au t ra a son?
A Op ’ ̂ » J« j i it l— in my belie 1 *
0 X kd G ̂ b iiT • ii O f*/ | *1 C ill L cl G X-Ci G, y O X C* \ <1 G
;?a.xo question on your discovery deposition your
f i r o t anc w_r was that yo \JL -a X li not nuow '/av you
were uo t reiii red • i n 1 t t.i a t coriect?
A T a at c ould have been correct on the word
i.no
Q
*
bid I auk you ta is qucstion: "Is it your
b o 1 i e f tiiat your contrac t was not renewed and you
were not rehi red a a t cache r because you arc
b1a ok?
And you tjaVC the answer, "I don't know
A I sure d ill.
u All rig at, six*. " ?: g i t y o a r 1 -1 i e f t :> a t
you v;cre not reu X . j. t i * <k - 1 '--i your contract a a no t
r o n e v ed bO C ; U :: c you arc. a it un;.ia rrled black male? '*
Your ai.tier v.'rts/ 11, I have to consult
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146
my attorney about that.4 Is that correct?
A That is what I said.
Q And before you could state your belief
you die have to consult your attorney, did you not?
A dot neoesearily.
Q 'dull, in other words, when you said, "I
nave to consult my attorney about that," you did
not taaan it?
You and your attorney did leave the room
and anVu a conforonce: as that correct?
A W e d i d .
Q B o i; ore you g a v& pie an ans',,-Jor?
-*dt Correct.
r\Vi now, as 1 utiutrs tand your ttb tiHlOhXy* C< u
this time, your belief in tais regard is based on
the fact tuat you were informed that there were
white teachers who wore being aired with less
education than you had; is that correct?
A Or no mere .
Q Or no more . Excuse rue. All right.
•» 4 u? *1 f *it the time we toon your deposition
I asked you, i.iat wa s the source of your information?'
And you 3 .1 i i f 'Other teachern."
A a cl a s a a d . * W h o , v; h a t olii <> r to a chura ? "
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147
And you said you couldn't reneraber not one* isn’t
that correct?
A that in corr
Q Do you rone in.
you this?
A Since that t
told this, I don't re.
O■tC So you just i
a ov where your inforu
A not at tna t
Q doll, at thi
Are you re fa:
* Ci
rrirnj to the tiwo I filed the
$ui t?
Since that tine I re rue mb or some of the
teachers, some of the plaintiffs, none of the tvol
plaintiffs I have consulted with.
A
Q
source o
" u i t w i t
r>w.
vracs w ith
Gone of the tv/elvc plaintiffs?
Yes .
Are people you consulted and that is the
£ your information r is that correct?
ho, that is not at the tine I filed the
h ray attorney. At the tir.e -- •-
At the tine vs too): your deposition, whic?
in the* last two weeks , wasn't it? October 13 tli
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14 8
thx s is 0ctobor 20th. It was fifteen 4̂ v-h. \-* iS J O
* Ut * ;; r i«ht, isn 'tit? *;>-• tool:, you:; deposit
on O c to b cr 13?
A T. don : t roeonbsr the cate.
() toll, it aus oeon within the last two
thre e w e ehs , hasn f n ; *. u jl T. £
A I t»OU.ul believe so •
Q Sir?
A I would believe so.
Q At that tine I aakc.d you, •’What other
teachers? na<; you aaxo, ”1 vouidn ' t remember no one,
Is that correct?
?• hut is corract.
Q And that was true at that tine?
A Yes.
Q do at that tiro you could not toil r.e any
teachers that had supplied you with any of this
i n forraa t i oa • th 1 1 is c or rc c t. isn't i t?
A That 1h correct.
Q Can vo u tell ?u now? Can you tell no s o n e
of tin.: tc-aciioro
h O . I actua 1 Ip car,’t tell you•any teachers
that i iu p j ' l it-d re wish i a tor. .a ti on during the tine I
filed the suit.
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149
Q That is not my question.
My question was * can you tell ue trie name
Q? so no of the teachers that you cun ' rer.enter that
had supplier! you with information that some white
teachers with no nore or less qualifications than
you had were being hired. You said you couldn’t
renenber a single one.- isn’t that correct?
HR. WlhLIAMS ?' I object, Your Honor,
he has jaade clear what the problem is.
lie has nude clear he understood Mr. Smith
has reference to the time ho filed the
suit.
MR. SMITH; It may he clear to Counsel.
It d j .. X . 0 n't clear to me, if the Court
P1 e a s o .
Tlill COURT r I an a little nine a up on
your question, hr. Smith. Will you state
it again?
G o «n ‘X €t ti ci * x
All this is for impeachment, I take it.
MR. SMITH * Yus, sir. Yes, sir.
Till COURT; Go ahead.
0 how, at tiie time we too., your deposition
you said you couldn't reeenaer a single teacher, a
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150
s i m ; l e p e r s o n v? iici x u i c riic vv y o u
t e a c a o r s w!\o v/cxc j>vi i. r.o *ix rou v
than you nad ; i lia * t t i ia t c o r n u ;
A x‘ ililt 1 ̂ C O 3. S. v • C L ,
■* i 1. *» -i. l i t ! X • 1 11 IS
X a i-i r « u i? o *
1-ii i* C. L'-.lQ
LV
i '-1 W O j- V.i Vt ill
tio.i
d i i S W i J' li .
«•* *■]' * C i t—. i i U l i t L i i * i' iJT, u l . ; i Uii , C O U i u x
â >K you vaiat paye uunaer you aru on.?
i - > « w a IX i‘ i i * k* i\< J O J i) f
* * 1 ̂ 4 C" • ■*** A i td ill*v» ; Wiii.Cn OiiO?
;ui. Who f i r e t o u o .
Q 1 o c. i < \ is c o x x x v ’ c ?
/ \ X'. 1 U U X 15 C O 3* X*C? C C *
0 <\ X A. X* j-ijuu , U X X* . don , •A -i- i- - , — - 4- •a L. u*a u .. u.u•ic i t xo
true tii.it you uiii iic u kno ' ■ the i i . *» 3 o - a e. it h X '-w
•iorcoa v,*h( 11 U Ci j X V . ..‘ i i y • u tit tit Xu H o r n a cioa o r did
you know a c tiitic u.1 * r . x . iu A a t ;C 3 OX SO: l; aop ao who
had g i '/en you t. ■ i / • c x »i X .■ x i. ■..; C X O 11 X
A ii^vix-j kiix*w 1 o •-*<ju o f a * 0. X CaC U .a. Ci X P o r.;on ,
X Clut. t i* A . (3 ir/ * X ’* • O U X. a u i v a * j aii UO tj o X I would
{l c'A V O . u a Co uiiy CiUii «.v: uo nor o r Still) O i a Cl r ;) u c a o
i -ir slc> kiioxxiuj f 1 ij jii c Know #
0 you uf.c ii at. o a Ox any tc dCi»^rj ,
you K.X1 0 v/ i .Hiiiuiiy . xt: x' a c u»i .■0 M , til.
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151
names of any teachers?
A . Are you referring to the time I filed the
suit or now?
Q I -would think the* question would be clear.
Let’s run through, it again.
HU. v.'iLLIiVMS: It isn’t clear to me,
Your Honor please.
I want to know dees the question mean
ooes ho know now of teachers wno. furnished
hin that information at the time of filing
of the suit, or teachers who furnished
hin with that information since the filing
of the suit.
I think that is what ny client is
attempting to ask him and I want to know
too.
MR. SMITHr The question is very
simple, if Your honor please.
At the tine we took his deposition
he stated. 'I was also informed that there
wore white teachers that was being hired
with loss education or not being fired.”
I said, 'Anything else?" lie said, ''I can't
think of anything else at present." I said,
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152
"What was tau source- of your in formation? '
And he paid, 'Other teacuers,v and I said,
"dao, what other teachers?" And he saiu,
"I wouldn't rone-ruber no one. '*
THU COURT: dell, so that we can get
it clear, will you include in your question,
if the deposition doesn't, \<iiat period of
tine taut you say he was informal that
other teachers were doing hired v/itu less
or the sane qualifications.
I think that is where v/e are getting
d c <j g a d d o w n .
lac. L> ix Th : X an simply in tore ef ud ,
if the Court please the point o£ ray
question X 3 , iie says il K I > O V/ J .1 i O V/ certain
to aoners ‘■i.’ X 1 O CJ »X V" ti i t X T.. information si.u at
tee tine cf the depot X tion he saiu ilG
couldtt't think of any -
r;’ # ■■ 'r.iA r>; \? i V- J w RT: All right, u him again
v r»* ‘i, ■■ ■■ 4 O * . j j*i S ii AV; ! i.oar honor pie tx s u , tn
X 3 4 r O C * t X o X 3 tir jny at all. It i fS j *X o \u
a characterisetioa of ins testimony.
Tad CouRT: What testimony are you
talking about, dr. Cronuna ■•?
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153
-IR. CRRHSilAw: Hr. Sl-ai th stated at the
tine he tool; his deposition, asked him
what teachers had given him that information,
and he said, 111 don't know of any, " aau
n o w --
TliJE COURT: X ah getting so lost I
don't see how we are going to impeach Uixa
with this, Lut nobody can seem to agree
on what the apparent inconsistency is.
do ahead, Mr. Smith. You will nave
to give him sene point in time in the
question.
Q At the time we took your deposition did
you know the names of any teachers ox* any people
who had told you that there were white teachers
being hires with less education than you had?'
'i'll COURT: how, wait a minute.
A You 3 till asking the same question. You
are not tolling ne the tine you arc referring to in
the dupesition.
Q At any time prior to the time we took, your
ceposx tion, X Wvis asking you, X <u.; acting you now,
at the ti. o we took your deposition could you tell
us the names of any people, any person who, prior to
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t.i.'it tine, had told you t u t there \nj re ’./hi to teachers
ooiiiQ hired witn loss education than you hut at the
tino you ’vere tlischar 7 0. <1?
A I think I iiau to .uoutr the c on tat
v.* ty hJ yj !5. ion.
Q You said you rtidn ’ fc know any .
A At thu tin- 1 filed the suit', 1 didn’t -.now.
U You did not?
A Ko.
0 So at to.a fcinu: vo took your deposition
did you knov tho na:s of a;iv?
A i.ot at the tine* I filed t;io suit, X did not.
g fcV/O C i i t L; v, tl X ; U 'J O \l £ X X Cl fc i i is S U X t U f l Ci
14 the tix.o of your do. a i tioi> ?
15 i ■' v. Q ? I W;> Vi X in’t say that.
16 y ny .juc-f.ition goes to ttie fc x r'. • WO tOah your
17 de: onitio:.. did you know k: -* ;; •<.o O ;arsons
18 o n;:vc yoa t11 a in y Q >-• ; - *• M p
19 Are you ref .rriny to orior to c i: o tine I
20 £ i 1 o a the s\111 c : A e nl
21 You got ny ,uur.,'or there j-i: t’l: .! c eo: itioio
22 On the <..Uoh; 3 i Lion I thou.:'.: t yo u -v >-4 y*. w; r ri. n <: t o
23 the- tin-c .>rior tc. fiii*::•.! tn - suit n n c ■ ii: >' r 1. t i? 1
24 v. i th v:y attorn . T •Mlit t*. l:ev; • ... ., *~ * ■ ' . , o y n; i
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155
0 Let me simply ask you this- did you give
me this answer on your deposition *.
"I was also informed that there were white
teachers that was being hired with less education '
or not being fired.”
Did you give rae that answer?
Ji I believe so.
Q And than I asked you. An y t h i n g else?”
And your answer was , •' I can’t think of anything
else afc presant."7
Is that your answer?
A I believe that would be correct.
Q Tuan did I then ask you this quo 3 tion:
"You say you were i r. formed. What was
the source of your information?”
Do you recall the question?
A Y e a , i: .1 r .
f'i And your ansvor was: ’’I would say from
other taatv.e r 3 .
D o y n u r e c a 11 that?
A Yes .
u .Vicl teen X asiced you, "Who?”
Do you re call that?
?\ I recall.
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156
G And your answer was? "I wouldn’t remember
no die
h
Q
ti’.'.O ,
person
Was that a correct answer?
I believe so.
All right. Wow, 1 will ask you at this
right now, do you remember the names of any
or teacher who informed you that there were
teachers being hired with loss education than
you had?
Are you asking ma that of this time right
now?
Y o n , sir.
A ’Mould you consider these plaintiffs as
being teachers or i, onteachers n o w , A11: o r n e y . Cl a r i f y
th a t.
Q You don’t under5tand the question; is that
it?
A Ho.
0 A l l
1 understand
said that in
you attended
six seres
right, sir. How, Mr, Shaw, when — if
your direct examination correctly, you
*67 - ’6 y school year, I believe it was,
Memphis State two semesters and obtained
hours?
A Correct
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157
Q That in correct?
A Y o s .
ft At the time v.e took, your deposition you
said that you got no credits for that work, did you
not?
A I did nay that.
Q Why did you say that at that tire?
T\ The question before that, if Your Honor
please, you asked r,c how many quarters and then you
ntopped.
Nov, I don't know which way the court
reporter read that out but it came out that how
irany quarter hours I received. I did not receive
quarter hours.
That is the reason the- answer was no.
Q The transcript is incorrect?
Let rtc sea if we can clear up this.
Memphis State University, * 68-'69 --
TLL COURT: Excuse rr.o, Hr. Smith.
I can't follow you unless you road the
question.
HR. WILLIAMS: May it please the Court,
before Mr. Smith goes over it, Hr. Smith
is at a disadvantage.
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15b
lin\:, I blaned Mr. Bag veil. In the
case of Mr. bngvel 1, his deposition had
jeen signed and he had a car.in;.a to ir.nro.
Mr. Shav's deposition ;uid been signed
and >tr. Ghav spoke to no the other day
and said, 'here in a discrepancy.“
THE COURT; lio has told Mr. Smith
of that.
Lot's gat it straight. I ask you to
and tno vitaeas in too
ick a littleLet’s go one ’•‘Question* Did
y ‘ w cl C C l 1 v.' »'J vi cl it J Xsc?" You uni J •• y q o
lu tho •; your .mover to the quuufcion?
A X Zj m
f}V. I askoci you. >■. 15 a t d e g r c- e ? * ■ n u y o u _ v\ JL (i ,
"B S degree . " And 1 said, “Chon?" You sain, “In
t <" A *■> W.-4 *
I :s that c o r roc t.
> -- u ■ - o .
0 h »d than I ashed, “have you •
add it ion ax schooling since that tine?
"A x o , air.
lu that correct?
i n y
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169
A Correct.
Q I said v?here, and did you give this
answer r
'’.Memphis State University. X believe
tills to be the fall of 'GO and '69. Uo,
I ara wrong about that. ’67-'60 school
• year.”
Is that your answer?
A I believe so.
Q Is that answer correct?
A I believe so.
Q "What did you take?"
"A Modern math and first aid.
"Q How many quarters?”
And then Hr. Williana and I had a discussion.
Do you recall that?
A Correct.
Q And then I asked you?
”0 How many hours credit did you got
for that work there?"
You answered, "Not any .
Mow, in that an accurate transcription?
A bo, that is not accurate.
Q What should the transcription read?
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16 0
A The question should have read, "How many
quarter hours?' You said, "how many quarters?"
I was under the impression you asked me how many
quarter hours did I obtain. I did not obtain any
quarter hours and I answered it the way it canQ out
to me.
Q Have you reviewed your deposition?
A Yes .
Q Have you filed it, Mr. Shaw?
A Ho.
MR. WILLIAMS? As T said before, the
monant those are filed, ours will be filed
Q All right . So that was an error?
A That was an error.
Q Have you corrected that error on the face
of the deposition?
A I consulted with Attorney Williams about it.
Q And you told him about it but you made no
corrections at that time?
A On the deposition?
Q That’s right.
A ho, not on the deposition.
Q Now, I believe — what, incidentally, was
your major in college?
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.161
A
Q
Agricultural education.
Agricultural education?
A
Q
Correct.
now nanv years did you have in that?
A 'To get a degree, how many years I have
when I completed my education?
Q When you completed your degree in 1964.
how many years in agricultural education did vcu
have?
A I don’t Know. Soma of the courses was
out of the field of agricultural education. I have
no way of knowing that.
Q Agricultural education was your major field
There is no question about it; is that correct?
A Right.
Q how, you stated, I believe, on direct
examination that you knew of other teachers who
were teaching out of their major fields at the time
you were not rehired- is that correct?
A Tnat is correct.
Q And those teachers had loss education than
you had and no degree• is that correct?
A That is correct.
Q Wxo were those teachers?
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162
A I don *t recall those teachers now.
You don’t know now any of them?
A The teachers I had, I gave them to ny
attorney, which is approximately more than a year
ago .
Q But you doii * t know them now?
A X don't know them by name.
You can't think of a single one?
A I sure can't.
Q Do you know what any of these people's
fields were?
A Elementary — have been teaching in high
school that had an elementary degree.
Q His major field was elementary education
and he was teaching in high school?
A Yes.
Q Was this teacher black or white?
A Black or white or both.
Q You just don't recall?
A Sure I recall. Both black and white.
Q You don’t have any idea that there were?
A No.
Q
white?
Can you recall any specific one that was
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No.
Cp.n you tell as any specific one that was
No.
So, in other words, you simply don't recall
this time?
Not at this time.
But you have given that information to
your attorney?
A And also filed interrogatories that was
taken.- That is where the information is coming
out of.
Q But did you give your attorney that
information or did lie give you this information?
A No. I gave, him some of the information.
At the time I did.
Q About teachers who were teaching out of
their major field who were reaired ? is that correct?
A Rehired or not fired and hired again.
Q Do you remember how many of these you gave
to your attorney?
A No, I don't.
Q You don’t even remember approximately?
A No.
A
Q
black?
A
Q
that at
A
n
1C 4
~ do\>, did I understand your aircct testimony
correctly, that on this last conference you hau
v/itn dr. Caretnora tnat you wont in to talk, to nit
and no asked you about how much paddling you were
doing to students?
51® asked raa the question. he asked ua
wxint I said.
Q I an asking you if I have correctly
summarized your direct testimony on the last meeting
you went to see Hr. Carothors.
Did you or did you not testify on direct
examination that he asked you about paddling of
S tU'■•■exits?
A Yes . I said I believe so.
0 You believe that lie asked yon about this?
A Yes f i. 3T .
Q And did I understand you to say on direct
testimony that you said to Mr. Carotners that --
something to the effect it appeared to you your
principal would have said something about this to
you and that hr. Carothers agreed with you- is
that correct?
A Y o 3 .
Q All ight, sir. bo I understand also that
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165
Mr. Ca rot iters never nude any consent to you at all
about not getting along with the principal?
A H o .
Q He did hot make any such comment?
A Ho,
Q Did he say anything at all about any problems
at all with your principal?
A No, he did not.
0 bid he ask you if you were* getting along
with your principal?
A I don’t recall that question.
Q You don't recall hin asking you that?
h Right.
Q Do you recall in your deposition I asked
you, "What was said in that conversation?" This
is reading on Page 24. And you answered, "I think
he asked me about me, the principal, did we get
along. ,r
Do you recall that testimony?
A I would have to look at the deposition to
really be sum, I believe I recall saying that.
Q You believe you recall saying that.
Well, was it true?
A Like I said, I think it is truo.
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167
Q At the tine we took your deposition, Mr.
Shaw, you made no mention to me about Mr. Carothers
telling you that he agreed with you when you said
that your principal should have said something to
you about it, did you?
A I don't know.
Q You.just don’t recall whether you did or
not?
A Mo, I don't.
, Q Well, let Etc ask this, dc you recall these
questions?
"Q After receiving the second letter,
did you have any further conversations
with Mr. hoyte carothers or any other
person that you believe to be a me rah e r of
the Fayette County Board of Education?
'■ A I believe I had another conversation
with Mr. Carothers.
"Q What was said at that conversation?
* A I think lie asked me about ny,
the principal, did we get along. He asked
me about uuirm the paddle ana I told him,
yes, I did use it."
Do you recall giving that testimony?
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A Yes.
Q You don't recall anything ulso in the
deposition — tolling r.\a in the deposition anything
else that Hr. Carothers said; is that correct, about
agreeing with you when you said your principal
should have said sonething to you about it?
A You wore asking the questions. If I had
had a chance I would have told you.
Q All right, sir. You just feel like you
didn't nave a chance to tell ne; is that right?
A ho. You were asking the questions.
Q how, I believe Hr. Willi ansa asked you on
direct ~~ could he see the exhibits up there, please,
sir?
THE COURT: He can be given whatever
he wants up there.
Q After receiving this letter which has been
marked Exhibit 40, wherein you sought counsel at
the time of the receipt of that letter, you
answered, "yes’'- is that correct?
A Yea.
Q Was counsel Mr. Williams?
A Yes.
0 And this wa shortly after June 16, 1969:
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16 y
is that correct?
A I don’t remember the date.
Q But it was not ~~ it was at or ~~ it wan
at or about the time you received this June 10. 1303,
letter?
A I would say yesi, sir, that's right.
Q At the press exit time tiiat has been over a
year ago . Do I understand you correctly that you
made no fur the r a 11 orap t whatsoever to c o n t a c t the
Fayette County Board of Education ..
A I think I said —
Q about being ranired?
A I believe that would be true *
Q You made no attempt whatsoever after
seeking Counsel's advice to get them to specify
the charges .that they made against you?
A N o .
Q You rude no attempt whatever aster seeking
Counsel’s advice to get then to give you a hearing?
A Ho.
MR. SIXTH: If the Court will encase
no just a minute, please, sir.
TUB COURT: Certainly.
MR. SMITH: That is all
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17-J
THE COURT: All right, do you have
any queationa f Mr. Williams?
MR. WILLIAMS; l*o, I believe that is
all.
TuiJ COURT: Mr. Crenshaw?
,:r .# CRUnSHlM■/ t Uo , Your L ono r .
T H H COURT; A11 riglit, vou r.:ay s ter.
down, Hr » *V i 1 el W *
(Witness Excused)
THE COURT ? I believe, we will take
our break new.
i)o you have other witnesses that are
hare, Mr. Williams?
.MR. WILLIAMS • Yes. sir. At least
one other. I have maybe tvo or throe
others I can put on, snort or.es.
THIS COURT; All right, we will take
about 15 niautos, and cone back and continue
w i t h y o u r p r o o £ .
* •. oci . • » . X 1.4 Tj X VIS: All right,
cAUCESS )
THE COURT * I would like to ask Mr.
Shaw one or t.«c cuestions.
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171
m u . WILLIAMS• All right.
THE COURT: I vV JL JL -L. give Counsel an
cpporturii ty to --
? 1R. WILLIAMS * All r i g h t.
J, il IT COURT- & 3 id o t h c- r g u e s t i o n a
Before I ask bin — let me see — is
everybody here?
I can’t keep up with all riy papers.
Oh, hero it in.
la there a problem in this plan about
the closing of Braden-Sinai hiorientary
School 7 T r»* X it all the other papers that 'were
filed ta ere car.ro t > r.y attention an
instrune.nt that was e nti tled, **P ro l> O 3 <5 il
Amended Plan for the Closing of Bra<lc*n-Sinai
Elematary School, Fayette County,
Tennessee," and this is stamped, “Filed
October ‘5 , 19 7 0,'
I have been moaning to take it up
Counsel, but I notice this witness ten
with regard to that. It was not his
responsibility, of course, but is it
closed now, hr. Smith?
“.R. SMITH t Yes, sir. You recall
with
tified
wo
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172
cane over in July and the Court ordered
us to move a portable building and asaign
as many children as possible to Braden,
and so forth, and that is the results of
what we did in response to the Court's
order.
THE COURT• The school is closed?
MR. SMITH: Yes, sir.
THE COURT: How long has it been
closed?
MR. SMITH: It has been closed a ye
hasn’t it?
MR. BAGWELL : Yes, sir. It did not
open.
MR. SMITH: It did not open.
THE COURT; It did not open this year.
Is there any problem about that, Mr.
Crenshaw?
MR. CREHSILVd: If Your Honor please,
there is a continuing problem which has
existed in this case for quite awhile.
There is a notion which was never incorporate,
in Your Honor's written order to require
the School Board to core forward with a
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17 3
plan with all aspects of their case.
There was a anp ~~ not a complete nap
showing all the schools on it -- there
Vwas a wap filed in the hearing last
Decerbe r which has been vi tlldrawn by the
School Board and which, I bsl i e vc , had a
uunher of Modifications in it e ven then.
I have not been abl*> to ge t a copy
of that.
l,ovi, I believe that there were
Modifications on the wap filed to that
original plan that are not sound and we
feel that the Court should require the
defendant School Board to file a complete
plan with all --
TEE COVT i t : £::cuf?q me . ger. tier-.en .
I did act .mean to open a can of worms in
the r*i x vi o 1 o of the hearing.
'
; 1R . WILLIh! 1 St May it p 1 e a n e Your Honor,
s i n cc Y o u r honor brought up this subjoct,
r,ay I call a t f a it i on to Coun 3 c 1 for fc h e
School Board, as I underota no i t , they
arc ce 1inquant as of October IS th , v/ith
re p o r t they were required to f i 1 e v.-ith
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17 4
HR. SMITH • They are not delinquent.
I an delinquent. I apologise. I have that.
I haven’t had tine to put it together.
TiII2 COURT: 1 understand, Mr. Smith,
the Court.
you have been constantly busy t / ■» 4— 1\• s i t u other
things, parti euiariy as far as thi s client
in concerned, u u t l a a u u m o v o w ill have
s o ra e r o spouse to your proposed amonded
plan, and I believe I would like to have
that as dr. Crenshaw and Hr, Williams,
when they yet down to taat.
have you gentlemen got a copy of this?
HR. WILLIAMS; Yes, sir, I have got
a copy and I submitted it to ny client for
their consideration and I haven * t had any
response from them a n yet.
Tin! COURT; All right.
HR. CREWSHAW: Your honor, I believe
Your honor has agreed with my position
all along.
THE COURT; Mr. Crenshaw, if you think
I am going to remember somethiug I said in
September -- I have ten of these cases ~~
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175
you arc sadly mistaken. If this in
inconsistent with something- I have ordered,
you are going to have to tell r.'.e how,
I cannot keep up with these cases on a
continuing_basis, so I an tolling Mr.
Williams and Hr. Crenshaw to file it at
their earliest conveniences, and the Court
must make allowance for the fact that you
gentlemen have been tied up with this case.
All of this is appropriate because
this witness testified about Braden-Sinai.
how, I an going to ask him about the
closing of Braden*-Sinai which X d X CL W cl i l t .
to ask him , to be sure that I understood*
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17G
LEROY SHAW, JR.
The said witness, having previously been
sworn, rosuaed the witness stand and testified as
follows, to-wi t
n
BY THE COURT:
Q You comaonced your teaching career in the
fall of 1366; is that correct?
A Correct.
0 And the school to which you were assigned
was Braden -Sinai?
A Correct.
Q Arm in that year was it a school that had
an all--black X «rX C ul ty ?
A
Q .
year?
A
maybe
Q
year?
A
Q
Correct.
how, you were there for tiiat v/iioie school
Except fox' a few days, I would say about
a week and a few days.
Vi a a that at the beginning of the school
Yes, at the beginning.
You just started your job after school
started?
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177
Q Then In 1967-63 school year did you teach
there the entire time?
A Correct.
Q And you taught the sixth -- what grade?
A The first year I taught sixth, seventh
grade, the next year, I believe it was the fifth
and sixth, and the next year it was the sixth
grade.
Q The next year being the ’63- ' 69 school year?
A Correct.
Q h'ov, the last year you were there was
the faculty all-black?
A Correct.
Q At no tine have you ever taught any nixed
faculty situation?
A hot while working- for the Fayette County
School System.
q Well, all right, but you are eliminating
some noun nturt or some thing like that?
A Correct.
q Now, when you were employed by them, now
were the touchers and you paid?
kero you paid on a, only for the month in
A Correct.
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170
which you taught or wore you paid on a year-round
basis?
3 With the exception of one month, ten
HO liths ? ten tenths basis.
C You were paid on a ten months basis?
A Yes .
Q So there were two months in the summer
vrh e n you did not get any pay from then?
P. Correct.
Q You wore handled the same way everybody
o 1 s e »■> r» t f e.t O*
A Fight.
w And whoa you were not rehired, when did
your pay stop?
i \ It stopped in June, '69,
Q You wore paid for the month of June?
A Correct.
7t V-i fc COURT: All right. T’•iat is all.
Any questions, gentlemen; that is,
yf i * C of the Court's --
'IP ".'ILL I A:IS : I nave one question in
the light of what Your Honor asked all
rigk t.
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179
RE D1RLCT EXAHINATION
BY MR. WILLIAMS;
Q Mr. Shaw, prior to your discharge in June
of 1969, had there been seme discussion of the
probability of integrating the faculties the
following fall- I guess, in the fall of 1369?.
A Yes.. I had. hoard about it. I didn’t hnow
anything defin1 to about ifc.
c\w. But there had been
not?
A Well, not where I
Q Tut you had board
coxning about ■ is that corro
'hat is all, Your
A That is
MR. WILLIAMS:
Honor.
: i ix. c RE I* S11 Ah’: I h a ve no q ue stions
Your Honor.
THE COURT; Let nc ask one other
question.
BY THE COURT;
q During all the three ye.irs you taught
there, vac Braden-Sinai, as far as pupils wore
all-black?concerr.ee ,
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180
A
the COURT r /ill right. All right,
you ray stop down, hr. Shaw.
Correct;.
(htaoss Excused)
THE COURT: Call your next witness,
p 1 e a a e , f! r . -' i 11 i aias .
HR. WILLIAMS *. Hay it please the
Court, I would like to call rs. Alice
Cogbi11,
MR. SMITH • Lee ran say this * it has
been callea to my attention that this
witness has boon sitting in the courtroom
during this part of the courtroom; is
that e or ract ?
MR. LILLIAMS: I think you are
incorrect. I will ana her however.
I diu not know she was going to be a
witness though until yesterday.
\
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ALICE C - COCBILL
xho said witness, being first duly sworn.
testified as follows, to-wit;
DIRECT EXAMINATION
3Y HR. WILLIAMS:
Q This is Mrs. Alice C. Cogbill?
A /os«
Q Is that spelled C-o-g-h-i-1-1?
A That’s rig]\ t.
Q Mrs. Cogbiil, it has bean --- have you been
in the courtroom here during part of the proceedings?
A Yes.
Q Did you hear any part of the proceedings
as they pertain to Leroy Shaw?
A bo.
Q Mrs. Cogbiil, I believe you a ire hero —
well, state your age and your address, please?
A I live in LaGrango., Tennessee, and I an
46, I think.
2 All right.
131
THE COURT! dr. v/iiliar.is , that is
i rrolev a n t .
HR. V7XLLI.AMS: Well, I just - - if Your
Honor please, I think it material. Age
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182
and racial background of witnesses is always
relevant in our Anglo-Anerican Judicial
System.
THE COURT: All right, you sure do
take a big risk when you put a lady on the
stand and ask her age.
Q I think you are Caucasian, are you not,
Mrs. Cogbill?
A Yes.
Q You have given your address. That is in
LaGrange, Fayette County, Tennessee, is it not?
A Yes .
Q ilov? long have you lived ir. Fayette County?
A Since 1948.
Q if hat is your occupation?
A I an the assistant to the executive director
of the Community Action Agency of Fayette County.
q And that is a federal 010 poverty agency?
A tie receive funds through then.
q I did not hear that.
A We receive sono funds through the OFO.
q put you are organised locally; is that it?
A You ,
q That in then a private agency?
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1«3
A ho uprofit torpor
0 nonprofit corpor
A > 4 •>* T T- ■* » J-.l » * P a1no r
o Was tie tiie ctirec
A Y e S .
o Mrs. Coysill. do
Jr. ?
Y G S
‘3 ixO', long iifitvc: you *cno.• ̂r nil-. ana now oic.
you g«t to know him?
A I first sot iiin when we hud the opportunity
of sending some people from the county to eight week3
Head :5tart training to Moiwmis State University.
hr. Shaw if he would be interested
in going and lie a aid t. . il KJ.
Q A l l rigiit. I believe ho was just out or
college at that time, war, ho not?
A Yus,
Q Die; you receive a report on his training
at Memphis State?
A Yes. we era.
Hh. hiLLIAhh- I an sorry I only have
one copy .
[ ; y # o ; 1Y *i t . . 11 y i su u it/ piee.se?
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13 4
THE UITSJUSS • I have ------
w You have nore than on Q f > r> V 9
A Yes .
Q A l l r i g h t . F in c . Le t p.o have as
copi e s as you can lot i.'.o hevo , Mrs. Co<:;L>iil
(Thereupon. copies of said document
vere y a ca ed to Conuso1.}
Q You say you din roceivt- a report on that?
A Yes, we d 1 d ,
0 And was t h. n t f i led as a part of jrour records
out there at the o m Agency 2
A Correct. T a u d e d the sheet, the covt; ring
letter they sent us which showed n n hov to evaluate
trainers.
MR. \? ILL I A: IS: I wish Counsel would
indicate to me when they finish loohiny
at it.
MTi. SMITH ? If tae 0ouX't pie<?r>o , I
don’t Know v/hnt Counsel has in i.-.inu.
Do you have in rnind introducing tris?
M ' » ’’ILLIAMS • Yes, sir.
AT ]> SMITH• I object to the introduction
th i as widen co i n the cause.
, because it has .One ie-vor be en
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185
qualified as, a business record which would
qat past the hearsay rule:
Second, in that it undertakes to
express' expert opinions, and there is no
proof of the experts expressing the opinion.
So, on that dual basis I object to it
cl 3 Cl \f X. o n c o
. t i
i * 0 110 2T t they
else to o as
of these teachers.
I think this is a competent use of a
official record of the OLD Agency in the
V )save some probative v a luo with
ct to the. teaching cors p o toncy of Mr
r* *->-k w the very time chit Lhay are now
attexirptinq to say taut no was no c co,ipe tout,
It especially bears on the question
of how he got along with children and that
or t o £ thiag, and that in the point
on s/hich they tried to no.ko their case,
hat he Pacldleu children too much.
• > SMITH - If I might make one
additional objection that Mr. Williams has
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1 3 (j
suggested to no that I overlooked mentioning,
A ~ object to its relevancy on the a round
that tain purportedly deals with his
competency to deal wita preschoolers and
t \.: natters a t issue are his dealings with
students at the junior high level.
■d.'C. vs.IiihlA.iS; If Your Honor please -----
KH. SMITH: It is on those three
grounds,
MR. -7ILLIA21S i — cue only thing they
have evens alleged that could conceivably
.have had any hearing on any claimed right
to discharge this man is the claim of
exceusivo padu1 ing .
Of course „ I admit tney haven’t really
shown that by any evidence, but certainly
wo. are entitled to more rebuttal to
what they have attempted to shorn, to a how
this nan was of the terporanent he could
got along with little tiny cuiiuren.
preschool children, and tnat has some
b earing on their alleged claim of a brutal
.temperament,
THE COURT: Well, the Court is of the
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187
opinion that it is hearsay as far as being
introduced by t!i is v/i tness .
It nxgxit be a business’ record of
Muaphis State University but the Court
can only accept it for the limited purpose
of showing that it is — well, I don't
know whether it in available to the School
Board -** what we are trying is what was
known at the tine by the School Board. It
i:iay bo sone other employee, or something,
and Mr. Shaw told then, but I sustain the
objection insofar* as the Court nay roly
on it rn forming an opinion about his
ability.
I will let you mark it the next-
n urab or for i • 1 e n t i f 1 e a t i on.. ■
i \ . 51 I Xj b X X v: i *U * I Y/OUlc. JL ike fO i i - l t h
it aan ask her some additional questions
about it.
nil COCUC: ><hu t is the next number'
p T.T ’ p ' « J : i So. 09.
Chb COURT: All riKit.
(Thereupon, the aaid document was
as Exhibit ho. 30 for purposes of id-.n
narKsc
only.)
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Q What is the name of your agency?
A Tae Fayette County Economic Development
Commission.
Q Fayette County Economic Development
Commission. And has that agency been designated
under the Green Amendment by Fayette County and by
the office of Economic Opportunity as tha official
comiaunitv action agency in Fayette County?
A Yes, sir.
MR. SMITH: Just a second. May I
renew my objection at this tine with regard
to the way that Counsel is leading the
witness by asking repeatedly questions
to which the response is simply yes or no.
t‘i c \ 4 WIDEIA.MS • That was leading in
the same sense you ashed the wi taoss her
name and address, if Your honor pleas o .
THE COURT: All right. Well, I agree
that it was leading but 1 don't believe it
is relevant to any problem that the
wlinens was rot given an ô po,. canity co
answer in a material matter.
I assume it is building up to something
that is relevant.
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139
MR. SMITHr I don’t want to keep
jumping up and delaying things, if the
Coerw peeaao. Z s I coulc again just etato
3t.y objection blaaketly to that last line
of questions to which the witness can
answer with a six,-.pic y >s; or no answer.
Tilt COURT: I sustain that objection
but you may have a continuing objection.
.ill. WILLIAMS: You sustain his
objection to that question?
?K£ COURT: The last question was
loading. I don't know how else to do it.
I have told you it doesn't take any
difference to no. \
Q Mrs, Cogbill, state if ycu will what
official status, if any, the Payette County
Economic Development Counission has.
A It has been designated by the Fayette County
Court as the official community action agency in
this county and it has also been recognised by
tne office of Economic Opportunity.
Q By the United states Government?
A Yes.
Q To which especially you are, you say ---
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what is the Office of Economic Opportunity? Is it
related to any governmental entity, the Office of
Economic Opportunity? Chat is that?
A It is a division of the Uni toe. States
Government.
Q Kell, thank you, Mrs. Cogbill.
Do you have any function as assistant
director with regard to the records of the ravetto
County Economic Development Commission?
i\ Yes. I supervise the people who take
care of tan records by the personnel o£ the Fayette
County Economic Development Commission and --
Q Go on.
A -- and supervise some of the personnel
that work for this department.
q in whose custody are tae records of the
Fayette County Development Commission?
h
Q
q
At the moment taey arc in ny custody.
Your custody?
Yes
And prepared under your supervision?
Yen .
And State whether or not exhibit Trial
Inhibit 5rva:- received in your office?
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191
A Yes, it was.
Q Was•it received — state whether or not it
was received in the due course of business of your
office?
A
Q
Yes.
What happened to it when it was received
in your office?
A We filed it in the personnel files,
Hoad Start personnel files.
Q For what purpose was it received in your
office?
? It is an evaluation of *tr. Shaw’s training
vrhen vc sent hin to !fc:nphis State University.
A All right. And has it neon there ever
since?
A Yes.
Q And I think you said that Trial Exhibit 59
ia a photocopy of the original record in your
office - is that correct?
•n Yes.
MP, WILLIAMS ♦ flay it please the
Court, I request that Trial Exhibit 59, I
venn ri1rial Exhibit 59 for identification
be introduced xn evidence as Trial Exhibit 59
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under the Business Hecords Statute.
the Court please-, I willP. sMI Til : I
renew the oh jec tio
made horetofore •
mif T.* r' i * ^OUP.T ; I
object ions for t ii o
before and will au:
for fchc 1 i :uii to d pu:
of sho i n g i t was ,
Ho arc o i~. a uc ci ion
a upperting any evi:
>u
nave
(X i >
and what other people: thought of him.
HR. WILLIACS? All right. It is not
necessary to except, nay it please the
Court?
THE COURT: Ho.
Q Mrs. Coghill, did you have any supervisory
function insofar as hr. Leroy Shaw was concerned
in his Head Start teacher activities?
A Yen. Hot in the Head Start teacher
training that he took at Mm.ynuis State but wo hired
’lira to teach in the Head Start Program
Q How long did he teach.? Tell what periods
he tnugh t
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193
A We had a summer program that lasted throe
weeks. Then ho did three years in the Head Start
summer program.
Q What years were those?
A * 07, ’(13 and ’69.
Q You say you do have supervisory functions?
A Our agency administers the program. We
hire a director to work up the program but we have
to check over the program to see it is handled
correctly. V?e have a principal who does a general
evaluation of each teucter that we keep in each
sciiool.
Q 1hcy a r« f i1ed with you by the. principal
v/i th your office?
A Yes .
Q For what purpose are they filed there?
A So wo will know whether the teachers have
done a good job, so if they have done a good job
we will hire them again, and so wo hired Hr. Shav?
three years because he 'us doing an excellent job.
Q How it any forms do you have on Mr. Shaw?
A other than at Memphis State, I have two
frort '67 and '63 from the principal the school,
the school whore he taught.
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19 4
0 Do you have additional copies of those?
A Yes. The last sentence on it didn’t coiae
out clearly but it doesn’t have any effect on the
chart.
Q Will you let no have copies of those,
please? You have only tv/c copies of tnoso • is that
right?
THE COURT; All right, Mr. Smith.
MR. S5'ITII * Your Honor please, 1 assume
Mr. William proposes to introduce' this.
For the truth of the matters stated
on the face of it, I will object again on
the three bases that X have heretofore
objected - that is, X don’t aclievs it uas
bean qualified as a business record. It
purports to, first.
Secondly, it purports to state
opinions by sources whoso qualification
,« experts have not boon established, and
lastly, I don’t think it is relevant for
the reason that his competence to deal
with preschoolers ir not at issue acre .
H i. s cometence to coal v/f h j u*» .or hrij*i
is at issue here
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11)5
Tin: COURT; Hell, now, .Ur. Smith,
lot i? o ask you what proof hove you got that
goes to hia competence? Ail of your
teatiraony in that ho in a yoocl teacher.
All we have at issue is that the
Board told hi:u ho was act qualified in a
certain area. Whereas now they assert that
X i A O W viC ZX i t V i A l -c* -A- 'IvA jTi 1L ;J If O X* »X
p i c n i c and he paddle d e n i l d r o n t o o much
a n d } i e w as n o t co ope r a t i v e w ith the
p r i n c i p a l , bat i t i s u n d isp u te d t h a t the
nan was a good te a c h e r , good to e x c e l l e n t
HP. S .it:i * V«a 1i, if the Cous■t p1 u a s e
if i mi gh t res; p ec* cf ully di.nagree , I t;r X ].*
our proof h.us b oen -hat he cl i. a jr*? <x ci c». X G too
rpuch and tha t thX Co xs a -
THE COy ?.i T; i r*t i s an i 3 a no. T*Xt
does n ’ t go to his a uluati o n a s a ce achar .
Hi a priiicip0.1 to 4- ' V it i j..s lady , everybody lias
sa id the ratn wa :» a r? <ood toacher, your
proof a n d < •, ■. w A $ ' ̂re X{' is. Ti i O 2T c* X 3 not Olio
thing upon which T*X c<Oil Id £ind this na:i was
not csore toit «r> *4 tiRicher ♦
. * •* % n\ * V « 4 *- ra ; ?X .-w ii *r i" ;„ho o::connive VI S O o £
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19b
the paddle is not considered as a measure
of competence, then I agree v/itn Your
honor.
fin COURT; well, ail right, in the
area of his ability to teach then and his
training, he is competent.' Now this may
affect his ability.
I am going to overrule the objection
on tni's, on the testimony taut tills was a
record prepared by this lady *s organisation.
The other was a record prepared by /temphis
State.
How, if anybody wants to cross-examine
her on t.iis, I will have to observe that
it cannot bo acknowledged to have full
probative value tana the minium,: recommenda
tions of some of the rating situation
offered by the defendant ara true from the
standpoint of whether or not tho person
vms competent. And I just eon *t want to
vet into a lot of collateral issues although
I think it is relevant that the man was
trained and evaluated.
PR. ;iLLIAf’.S: This is — may it please
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137
Your Honor, it is offered --
TKH COURT: I overrule the objection
and instruct the Clerk to mark it Exhibit
CO, but not for identification, I, as
trier or the facts, get to decide what
weight it is to be given. There are a
number of things that might be used.
There are other things that shed sons
light on the overall case.
HR. WILLIAMS: May it please Your
Honor, the copy that be is will you lend
r x e you.r copy back?
THE COURT: I will lend you nine.
"ark it Trial Exhibit 11 o . 60.
(Thereupon, the said document was
narked Trial Exhibit Ho. 60.)
THE COURT- Go ahead, Mr. Williams.
Q Mrs. Cogbill, based on those rating sheets
and based on your personal knowledge of Mr, Shaw,
what was your estimate of his attitudes and
personality with reference to his treatment of
children ami his relationships with children as a
teacher?
HP. S.ITH: Again, if the Court please,
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19 U
if I night object to this on the grounds of
relevancy. She has already testified that
v;e. are talking about preschoolers here.
WILLIAMS. tv-11, X don't know how
hr can distinguish between preschoolers
ct n d
•:ui: COURT: I overrule the objection.
There is none proof by the defendants
that the nan was none sort of sadist or
senething, and I don't believe he would
distinguish between the ages of those
children, and I overrule the objection..
Can you answer that question, please?
Do you rerember the question?
Would you mind repaating it?
Q Baoeu on the ratiua she;atc of your principals
and your tersonal contact with hr. Shaw, as a
A
or , v!i a t vas your es t i m ate of hr. C h aw w i th
•2 tO his r e 1 a t i o n a ft i p s to children. and
along t 1 th tiier’. and hie treatreat of then?
Well » ho se< me cl to i.-s cluinn a fine jobA
according to hie coordinator" or principal of tin
s chool, a n d u c v is it the- pr o q r a >s f r o u o ntl y .
I "nave been in his roc the childron
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191)
3©ened to be doing fine. The wori organized
effectively and we were very pleaded to
in the program, especially because he
have Mr.
a nalc
S h aw
lie tried to find non interested in working in tae
Head. Start Program because ve feci the children need
this kind of contact.
lie was doing a fine job with the children
and they certainly responded to bin.
Q I was going to ask you that.
K;:p la in to the Court how he related to the
chi Idr■on and hew the children relaitod to hiiri in terns
of to a;cher-child re 1at ions h i p s ?
A lie was very active in the roc,a which was
w' • a t v t n v; a n t e d .
J. . i O relationship between the children and
M r , Shaw V/ ;■> ep certainly a pretty responsive one.
Q D i d they display any affection toward him?
A yes *
Q W a s tine re any e ::pre a 3 ion of fear of hi r., on
the part c f the children?
A N a . In head Star
i
t vo train people to r
chi Xciren and I believo /tho ye ad o would have heard
about it.
Does the Payette County hoard of bduoutiou
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200
have a representative on the Poore1 of the Fayette
County Economic Development Ccarission?
A Y a a , it J o e s .
0 V'ho in that representative?
A A t the rion-e.'it. Hr. Bagwt -11.
g How long lias Mr. -Bagvo11 been on your Beard?
•ftA I believe that lie was nppoin ted, T believe
that lie w?.s appointed a yea r a n d a h a 1 f arr o 3 t~.
least.
p Prior to that who "as on your Board?
A Prior to that, Mr. A11 e n L a s o 'i b y was oh tha
Board,
vi Would you say that the Doard of Eduestion
v'.->s aware at all t a tie a that Hr. Shaw was participating
in your Iicad Start Progran?
A Y o n .
O Was f are any coordination between your Hoad
Start school program and the regular School hoard
nrorrrao?
7. \'o have to coordin ate with the School Board.
y In v*hut way?
A T?c requo at th use: l—, j- h / r l' v* iliti.os .
0ccas ion ally v o u r. e t': r. rhool bus cos. The School.
hoard has a Ivors r no a ted that the > • - - rson we hire
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201
to work with the school be soaeonc in the school
system that works in the school system in the; vear.
We have to cooperate in order to use their facilities,
Hr, Killians.
Q I believe an the result of federal funding,
this program has always been fully integrated
racially, has it not?
Yes, it »x a o . I :iavf;n't hud too
number of white children in the
rive had a lot of vhit-a teachem
teachers.
Q Incidentally, how large a student body have
you operated?
A This — wo have asked for funds fox* 500
children. Mo usually have a few more than that.
0 In how many schools do you
A Pi va schoo1s .
Q that are those schools?
A Braden Elementary ~
different but this past year we operated in
Braden Elementary, Southwest, Central Elementary,
bastside, and I can * t rononbor the other one.
O Do you recall what school Hr. - • well, it
is hero ~~ binder..
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2 0 2
A I bo lie vo he has uiv/ay3 taught at 13 radon
when we have had tiie pro-jram.
M P . Vi I ij b X ii.tS : believe that 13 ail.
MR. C R b h S i i A W : I have no gu.estiona ,
, Your Honor.
Thd COURT: All right, hr. Smith.
I'R. WILLIAMS: Wait just a moment,
g1G a s .
Go right on.
THE COURT: All right, i'r. Smith.
CPOS S - E Y AM I!? A" 1011
BY MR. SMITH:
Q !'rt. Cogbill, I call your attention, to
Trial Exhibit 60 lucre.
The L..it page end-3 uc — can you read that
bottom line to r.e, please, ma’am?
I i j v J U h i Sue has got the original.
A Yea . It says, ''Participated La the parents*
meeting by giving a short talk on the purpose of
head Start. '
Q nay I too ti*c original , please, r«a ’ am?
A Yea. I am sorry.
{ ifrc«a 'o.,. C. 1 . - 3 Cl C ii O C VI Jr!C l' t. VCl -»
o C-eiuael.)
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203
Ml',. SillTU; I can’t quite route out the
last line. That is what I wanted to ask you
about.
That is all I have .
TLi: COURT: All. riqht .
H R. SMITH* Thank you.
v< o*'u\ , WILLIAMS: X i i U U J- >-> o x i . Thank you.
(Witness Excused)
THE COURT: Call your next witness,
please. Hr. 'Williams.
fin. WILLIAMS? 1 would like to call
Mrs. Mnblo Walker — well, I believe I will
call Mr. Myleu Wilson.
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204
MYLES WILSON
Tiie said witness, being first duly sworn,
testified as follows, to-wit-
Mi?. WILLIAMS t If the Court would allow
, a nonent to net this down.
' DIRECT EI' A M111 «'• T ION
BY MR. WILLIAMS *
Q State your nans , ago and aciarass , please.
A Myles Wilson, Route do. 4 , Box 82r A, Honervilla
Tenaessca.
0 I believe you are a black nan. are you not?
A I thin;: so.
Q Mr. Wilson, you are one of the plaintiffs
ia t:2c? } 1 cr’ar “ a n casc?
A Y •- • s . a i r .
Q And you were one of the teachers discharged
this past spring?
A Y o s , s 1 r .
0 You verb employed, I b ilic.vo , for three years
prior to your discharge, including the year of your
discharge, wore you not?
A Yes . sir.
0 And are you fa 11 i a r - - I have got the
wrong tablet are you fnniliar \•’i th the t:oachcr s
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in the Fayette County School System who were in the
l'J63-69 school year and/or the 196‘J~70 school year
teaching out of their area of major enrollment in
college --- out of their major area?
A Y s , sir .'
Q Who are some of those?
Ti Mrs. Mildred Heal, M. P. Ware high School
PE major. She taught L A Cj X X - 111.
Mr. Harden Franhlin, U. P. Ware high School,
?2 major. lie also taught English.
Kr. Bonne 11 Turner, »*. P. Via re high School,
h i & to r y rr. a j o r --
MR, C. iliil: Which Mr. Turner?
A Eonnoll. history major. lie taught history
and French.
q All right. Po you knor who the vocational
teacher was, the teacher was at the P. Ware
High School in the ' Cii-'69 school year?
A Yes, sir. Well, we had three.
Q You had throe?
A Yes, sir.
Q Were any of those non-degree?
A Ye 53, sir.
0 Which one?
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06
Q
A
o
Mr. Rivera,
Dc you r ine tub or his first nano?
I think it in Love.
Love, L-e-v-o?
A f •''i v , ..iU.it's right.
Q T \ « *•vi Ve Rivers?
r-i. nufc' s right.
Q ! 1D V nr.ny years college did he have?
•* * i T./o or throe. ho non; then three.
o>4 W s he returned for the ’ 69- ’ 70 school year?
*A Ye c. sir.
nv. I S i c still teaching vocational agricuIturo
there now?
A Yes r* >
Y « .» **». A . ^
fO Do ;you rer.erber a now white \ -»tional -ag
enployoe t.'as engaged by the board of ;cation for
the 'GO- ’70 school year?
A I understand that there wan. I don’t know
his tiaiaa. I have boon told this.
D I b lievo h<: was to celling at cayditto --
r y r; 11o Ceunt y hi yh School .
q All right. ;ov, i Lii regard to Vddling.
State ohod:, if anyt.iing, ;ou know at-. U t 1 ‘ AUill i.Z4f-J
p r n c t i cor; in the Fa ye-tie w-OUd ̂-f4f 6̂ C 1 O v.. h <y ■ /-ter. .fro
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207
tae standpoint of paddling for not jotting, for the
children not getting their lessons?
A '? c 11, I a 111>. n d e c school i:; 3
12 years and it was alvays given to
a n -•I then af tor ny cjrnduation from cc
working as a teacher and v;o used it in high school
and the principal used it. As far as I knciv,
e v e r y 11 <; <! y u r; o d it.
0 You noaa the principal in the school-you
taught?
A In the school I taught.
Q Used paddling for not getting lessons; is
that, right?
A Y os, sir.
Q As one who was discharged and on the basis
of your professional knowledge and the experience..
w 11 a t if a n y o f 1 • c t cl o e s t h e disc a a r <; o o t a teacher
by the board of Education have with respect to his
p r o f e s s i o n n 1 f u t u r o ?
A h» e l 1 . 1 1 O e r t a r s . l y i i a s.. a n c j. f o o t ’, o n .
Ivory place you would np.-ly for a job, r. teaching
position, the first thing they ..’ant to 3 no-./ since
you had taught other pi cos, the first using they
want to know in. why you vj r-... dir; charged, am.: you have
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1 0 b
a hard tino trying to explain.
If You say 1ou we rc fir a d, they wa nt to
why and w .ey are skoptical about hiring anybody
fired frot.; another school system.
Q As a matter cf fact, did you apply for a
job in another system?
A Yes, sir,
0 V . 'h a k a y s t v : . . ?
A Shelby County School System, We.it nonphi;
Schoo 1 f.yator::.
0 II ivc you been employed in any ot those
syst sttuu?
A Ko, air.
0 V;:r.;t kind of work have you been doing since
y our disci a r <_? e ?
A Salesman sailing educational material.
Q Now the: a, what effect .lie it have -- what
other effects did you suffer as a result of your
discharge?
Ji \ i '11, I have been ou k O £ sc ho o 1 t iiree ycars
I h'i va boo n vorl-inn in Fayct to Count j / cr iUl I ') U sc
had bo u g h t III ci bona the.re aad -all , a I1 of a
sudd an I firod, you know t ar.u til ru I go t a
hone ana nrj 3ob aat no nr > y •t % *■ i» kn ,w, j'13 L on tile
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spur of the morse nt thin#, you know. ?uat can be
pretty enticing to you,
0 'that?
A i nay taat can ce pretty enticing to a
person on the upur of tnc rnonent.
0 Dia you cay enticing, or attesting?
A Untieing.
Enticing to what?
Fron a heyro's standpoint.
0 that, ir* any Rental pain or anguish did yot
suffer as *■ result of your discharge?
A v.H’11, you — I tried to got enpicyr.ont anc
s
you just gat no frustrated in trying to get a job
to take care of your bills, and so on.
I was called to a job paying $1.60 which
wouldn’t be nueh help on the budget I was already
on. You get real frustrated. It in hard to keep
youruulf togetJier .
y
JtK
UR. V?1 L.LIA.1C! I believe that is a11.
HR. Cld-dGHAV’- T ilaVO no g uo3 tions ?
Honor.
THE COURT: Al I rigut, Or . Snith, you
ross -eramine '1r. t'il!’cn .
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C RG S - E X A HlhATIOd
BY MR. flBIYil:
Q f.ir< Wilson, I did not <jct the answer
OsA-jUlt O f C; HO S t t O Z1 :i ^
You were a a u od ah'out vocational-ayri
to uchurs
a
0
i c s, sir,
— wKo were employed.
*•* - - i * 1 '»a c* a*! ,. .*» o a a a a v. u o a t o i a" jo o v c
i.
Q Y o u s i * y h a u a d
> V* , .
vW < A. A
Q A : v i 1: c w ars c o n '
Cl' j X" X c u l t u r a l t e a o h o r ?
Y o , o i l »
Q l i t w... .; a 1> 1 a c ’.
r. Y u •; , 5. X*
o i ;- a d d ! L i s
o t h e : r V O C ; i '£i C'./. a I - * v / r i •
u i. v. X si , L C- » -4 d d i l ‘ *X iT • <' ;.l .
1 cl i u n o t . Ji«.i
not?
d i d y o u t o l l
I U ; ■ v: ..-r
'.or o iii t h a a ; • • :h.
to a
cultural
idvers?
ou
e two
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Q ’fine re wera
A tes, 'sir.
n Kiio taught
A Y 3S .
O , Who had dog
A Y as , sir.
O Who were th
fi hr.Harden P
Q Wiley?
A W-i~1-o-y .
O V"iley?
A ’/os, sir.
MI?. S*t
juat a rtinu
Q Y o n o n t. i o n
t. h e first rare. Wh.
A Eonnol1.
Q i; - o - n - - n - e ~ 1
A That's riglv
o You said hi:
A That in cor:
Q Do you knee
A Uof I don’t
You near, this aunrsr?
; e mo
cjC t
tory'?
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Q Yes.
A , X <lon ? L *
Q You have not inquired?
A ho, I haven't.
0 Ke is a black nan?
A Yes .
Q And Mrs. Mildred heal was bine;>. C\ 1 S D ?
X« s Yes .
W And Mr.Harden Franklin and Mr. Lewis Wiley
wore both black?
v»21- That is correct.
0 Yes. Mr. Myles, I believe you tauyht for
three years• is that correct?
V , •- l?v*»* h. — „
Q b.-.v. \ .,u ever jsuutile students for not huviiuj
their lessons?
A Y e s .
o Hot often?
A I don't rerun,-.bar how often. v;m nnever I felt
they needed it.
Q lev ran? would you rahulo a day acnerally?
> X It dey.. ads. I leave n-. a died norn than 15
i rt one Cay ' s tir:.a .
I rtore than IS i i one day'sr. a.: l e . timi-?
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A
0
have?
I had a large class.
Lot of classes. how nany classes lid' you
A I had five, I said I had a large class,
1 a r cr e n urab o r.
nv
hat would you have, a large nunaer?
One hundred.,
One hundred?
Au
A
Q
And how nany classes did you have?
F i v e .
Five?
A Th a t is c o :■' r a a t,
Q bhctii you ?><>v you paddled 15, you mean all
in the sane class or all in the sane day?
A Sane day.
Q Sane day?
A Uh-huh.
q a o’./ nany ~~ all right, six* how often
would, you nay — can you give us nit cute ;atu o.r; how
often you paddled students?
Did you paddle then everyday or two or
three tinea a week or ~--~
A {},•> i never paddled t ion everyday. Two or
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three times a vcci;, if they needed it everyday.
There probably are aone woeha I have paddled everyday
or so.
0 But throughout the school year you did not
paddle students everyday, did you?
lio, no, of course net.
how, when you applied for a teaching
position in Shelby County and Memphis and Uset humphis,
did you tell then you had been fired by the Fayette
County School Board?
A ho,
Q li O\f ,
position in S
A
0
Taut ia correcfc.
You rae an fired? I
A Tiat is cor re
Q er not rehire
A ti ti11, I don * t
I told then the Board of Education did not hire ne
bach and tney wanted to know why and then I would
explain to their. I did not really know. 1 could only
toll them what I thought and what vus in the letter
I received.
q You showed then the letter?
jv h o . 1 e:: lainod to thou what was on the
letter. The torn 1 used, whether it was fired or
not rehired or discharged, I don't r omenta or the word,
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It n’e ant to P.O that I wa .. fr |red.
Q V ° r- «■t » i - • • 0 1* Li you aw;iro in the.
l’J7 0. that they vroro ad vo r t i sing for teach
A
Q " did you become aware of that, please,
sir?
* i I read it in t:ic newsrayor.
Q In the Con rciLai Appeal?
A Yea .
Q W •111, t h i s '-v \X 3 in the late part of .Tuld '
is that correct?
A I don't re;' ‘<2 Te 0-f*
o *v!?cnever i < 3. v' •••••.jared in the newspaper? is
that com e t ?
A P. i <J !l t ,
0 i) i d y c. i a t the t: tiro apply to the:;; for year
•4 ;•% Js 1 . -J , >--V j-' ■*-’ '.i h ?
A Ko. I died:i ■’ t t .ink there could he any i.c ml
The r. ' .1 I ;■ o 7." k •:... 'witIs — u a.id Bob Do lan,
we sold ecucationa I •.a tor i a 1 a , a;. <1 t h . a y -... j • c y •.?:here
I vorke d nl.need tcace.e r ■: in touch j nc positions, and
the ::an tint 1 work/ •;! t or called r. Dn.tjwul 1 an-.i hr.
33 a gv?c 11 •; i' i g p red a h .1y r< ’b. r to. • rr • •; rk , and ' dr.
B aav; d. i . * ’ t n • c c l teacher,told tko ■ ho O’':: black
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and I didn't sec any need of any calling, you know.
<2 Did you ever ask the Hoard of Education
for a specification of tno charges against you?
A Maori you say "Board of Education", who do
you moan?
Q Well, llr. Bagwell.
A Did I ask Mr. Bagwell?
Q Y e r,,
A No.
Q Who did you ask?
A I askou Mr. Carpenter-, the principal of
my high school, my school, W. P. Ware High School,
who we consider our representative to the Board of
Education, Mr. hagv/ell, and also the principals
always tell the teachers not to ever go to the Board
of Education without going to the principal first.
Q Ween was this?
A The next day I think I received a letter.
Q In other words, tnrs was in April?
A Y O 3 .
0 After consulting hr. Williams did you ever
Z\ £» ̂
j. 2i a- COURT: Mr. Carpen ter.
Mi’.. SMlTli: Mo, Mr. Avon Williams.
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I’iii. COURT • Yea, Oil, I asa jiorr,' .
T i»̂ Co x o o i iua x e x»i - j . i i. , w 111 x you a vex
ask anyone on the or e:,t>loyeu by the iiuaru of
Education znr a uneeifiention of the char yes againa t
you?
0 Yon did not?
ao.
Q D i o you over a t. a n
*r v* X 1. JL J. C\ s 13 S, &> i'v i i G Uo a rd
ty 1-.! i‘ •*- -G. G * *• 'G1 C 3 U B o a r d o f L
£ c,r a a o s rrug?
>iv *■« o •
Q A G tore the. Board?
A a >*
Q Y c 11 (.A X h n o t ?
Uo '
S h l T h -
'Ihii COUhT •
a r e t h e c h a r g e e a y
Jucation in 1 ’ayetto county
4 1 vi V Vi 4. O 1. * J O > . .1 fcl C
i Y h*?
, # < • X -*>j G ■ • •
Y o u r h o - n o r / l o a i i .
o # * h * J . 4 i l
co Jiv':. -
t x c C o u r L ; J. o a 3 e --
! n r t. ■ i c • t v ig *.» *31 g n "C o
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have any neaaint; we have to get the witness —
I an going to him in a minute if you don't.
Hl't. WILLIAMS: Your Honor please, he
was down toward the end by the --
-’UH COURT: I have it. My notes say,
'‘Superintendent recommended he not be rehired,’
One time the recor.r'onuation of the principal
was not good out I think tills is the nan
the principal later said was fine. And then
the reason was that there were no positions
avax1abIe in his field.
Ail right. do you have other questions,
Hr , Wi 1 x i situs ?
bn. WILLIAMS: dust this, Your Honor
please --
RHDIRKCT EXft M 7. HAT10N
*.' i ill'. . t * u L i .* 1 . t «
Q Hr. V/ilson, he S K CHi you if all these
teachers you knew were tenchiag out of their field
were black. You said yes?
A lcs , Si'C ,
Q 5 tata vnet ier or not tao faculty of W. P.
Lure High School v/nure you taught the entire seven
wars that vou wore there was at .ill Lx composed
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large ly of black tcacharr, .
A » T <) at is correct.
0 You did not iiave r.HiCh of an op or tuin i ty tc
go t in toneh, to have ciono contact with wi;:1 tf
ft . J a cilscrS Uid you, --
A IS C* , n i r ,
Q in largo inn her - *>o
D.l ;1 y o u r d i a ch a r c c cone cut in the? newspar
iv a;5 L re a.ny nawiioaper pubiicity ci; it v hen y ou
anu the n e oh«i o r 11 » • c 11 o x’ n *.:ore dieohargee?
A I don * t rit'suur r .
Q You don’t rorenjer anything ol>out. any
i'u] < .1*5 ,* •* ‘ ty?
A do .
UR, S'iliSi- Your honor piGiiSc , he ha
C\ O weret that.
Thh COURT- Any retires , .
; f i 1 » S- ■> I s* » ̂U' \ • r Ho, You r Honor -
jiy cp COUPO ,
w T h ia is just ttc 5'irpic*st --’aV for r<? to f j r>
th 1 3 in py notes.
uha t was v o u v X X si
A paysit: a I c n ue;» u xo
Q And what were y o s i
er?
duties?
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A I taught PL clas « and coached basketball,
n i n a through twolvo, all four graces,
Q vi hat’s that?
i V All four grade.; , n. -,i tarough twelve *
£~\ Hera you the hoad basketball coach?
A Ho, sir.
■'1 - ̂ 1 y , y o u v/ore c%a *uj$ x s tun t ?
A Y u s , t; i r ,
2 And teaching of PL classes, what did that
include»
• i Vi id ** 1' ve had a system whereby the first
+■- ■ . cL Vd aT * W l i' * ' • j ~ ; >■ - nest• ays and Wednesdays --- no,
I at. sorry -"* * C 1t vA' ■ .1 T 'fCunmuiÛ s a a e j. p x a y s .. e
woulu i I cl V vl ; ie a 1 th c ci ti c c.t i. o n i a tit e c 1 a s s r c a n .
On Tvu. v- it (a t\ yc a n c Tnursda.yr. I would have-
physi • i * 1 ̂■* •i v i t i *.2a i a chw gyr.nasiun or on the
ou t 3 ido with - a: o ther per 'ithiny tiiat, and the
n c ;< t 3 t' Hv3 -2 f C3r, we vreuid change over and do vice versa
on t! ia days, ..a j . ~J t 1- endue ted a gym class, and in
the olass r ) on i/o v:*...* X (J. nave :ie«1 i;:> ouacatioil.
A r a the s 0 t-’iC cl.i.tsroouo win:ro you had 100
r up i. i j ?
Q i\ad yon worn suppo:n.u to teach 100 pupils?
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A Yes, sir.
Q Lecturer, and things like that?
A Y S -i ? t* / *> «*• . Thi w a 3 not the v/ n y ii. a s
supposed to h a vc boon. In re f erone,s t-1 \ i v-v. U-hat, it
ZVJ undera t 0Jid i ng that 6 0 is the raxii .ur.
Q Wo i1, I don' t want -- thank you a3n y vi jj «
You toll me more. th an I v; a i 11 to kac./ any way»
0 , K T* -*t ,m sorry .
T H E COURT« W a l l , w g will credit M r .
Lillians with the first two short vritncsse:
t'SDI PACT L b\; - . ..«•' v .1 .1 / i
BY ?<p“•* ” * - *• - *> WILLI T\ V? C *
Q Mr. Wilson, I forgot ••• v?c 11, I didn’t
forget — I •would like the Court to have t.hu benefit
of your e d u oationul background .
What is it?
A I attended elementary and high scbool i
Fayatto Coun ty Publie Scaools , received a bw de
frore Lane- College the first tirao , and I ai- W ̂ 4 * C i C
» c ii O rj ̂t C<:o A and I 0 ta to Uni vc-rsicy in her.‘.'Vine
for one suK-cr.
Q You are a lifelong roij 1 *-i< ‘ * i c o ir I < v« / . n A~ r.> j - V— ! • v_
County, are you not ?
A Y es, sir.
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2 2 2
Your family lives there?
Yes, sir.
Q
a
Q have you halt; any supervisory positions
the Fayette County School System?
A Yes , sir.
Q And state uhnt t a a t
A I v;" n* V in | o , ;■-2 I? h 4 W. .4dh ita j
Hare High Dchool for tha 1 a
supervised six teachers in toe air; at a grade.
Q were you holding that pooltie.; at the time
of your discharge?
A 2 e s i a 3. i*.
Q It was testified here in the defendants
by ix witness on behalf of the do fen .:c, n ts that hr.
C aryenter at first declined to accent the principalshi.
c f Vv . P . 'fare unless you woro off the f. a o u 11 y .
0*; you recall when dr. Vaster left an i Mr .
C arpenter o a *' o :\ > p ~ a *.c a pa 1 to d . P . nar a Ki ga School?
*it Y*i <3 f * i j> •
O' 1 believe tunt a/as Geatcrab-'T o f l cj r, 0 t , £= -d n - J v / • . U L - j
i t no t?
A I d o a : t K no' .•, £ i ra t of Oct*.-her , scu'Acvhe re in
t'.iat neighiborhood.
c U:i J : r . C a r v> e n ter say anything to you with
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223
regard to tuafc was the same Sep tenter, I believe,
there were so no demonstrations going on by black
people on account of alleged niatreatment of a black
school teacher in Fayette County?
A Yes, sir.
0 Did Mr. Carpenter make any statement to you
with respect to what the superintendent had told him
about this?
HR. SMITH: If the Court please — just
a minute ~~ we had Hr. Carpenter to put hin
on yeatorday and were not permitted to do so.
I don’t believe he should be allowed to
impeach Mr. Carpenter when vc were not
permitted to put him on.
HR. WILLIAMS? I an not trying to
i '.peace Hr. Carpenter. I an trying to impeach
Mr. Day7011.
Till! COURT: Hr, hiIlians, I do think
that is beyond tue realm that I would expect
you to go Into, nr. ....xii.in .
Q State vhetner or not you are one of the best
school teachers in the Fayette County Scaool System,
Mr. Wilson.
HR. S.lIT.-i: Now, if tho Court please--
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THE COURT; I will put down
for hin there.
Q In your e xeerienco with the r ■«*% ayette County
School Svston have you observed any difference in
the trea tnunt ef V?bite ,n\ii black classroon teachers?
r s W o u 1 d yon repeat your question?
V In your «".p&rienco with the Fayette County
1'C.iOO 1 Systea,ha vo you observed any diIference in
the treati.'.ent oa rhi to and black toac -r 3 ?
A I nave.
Q S U : w »V',i t j* a . , j; 1 a a a»
> I«i c•: o’ a .1 a s a r a 1 ‘ ■ ay a assigned to
pr Mwni neatly b3, ;• sen!'; .1 ;;, v/n -i .no •..•bite jiales are
as i i ■;.nr-d L v » v;; i i , ..: i o o i . o j ;■ c i n 1 1 y the sine 1 o.
nalei. c- ; • y u ai,7ay .• assign.?d to f; ; O 7P.L i i U, U u 1 /
ChcOlo ,
o /> 1 1 . v- \ Vfh t. iiov , you have a blac.'; single r-ialo
t int > . VA-il-1, 1 r- 1 <"! s:. y o u tn i:: were you nade
awnv'.: Ia;; t that there vu iid\ he V.’ i < -»
# » T/ ; v* * ‘ h viy in th -choo 1 sy •; he :• p re. 1- ty uueh ;,!<uh:
av/are. 1 s , ,1 - r., “ . tout L. n. r ' ' ‘ o i. u i n. ■ t anti ’ 1 and
sno a a i n gf ul ,. P.i t ineegrnhiort ■ n: thp. first tiro
at .i. P . s..Cc
f - i l i o f 1 7 J 7
d iV'otuo t.ouatv high schools in the
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A Y u a f sir, wo nil know about the Court order.
At least I knew about the Court order in January that
grades one through eight were to bo integrated fully,
and wo know of the plan before Septejuber to naJ'.o the
two uigh schools fully integrated.
0 All right. Prior to this, which is September
of this yt ar . atato wiictJier or not the student body
of Vs. P. « are was all-black?
A It v a n , 100 percent.
!ou have never taught in any other studentQ YOU have
body in Fayottc
n
4 * bo, sir .
0 y : dor, J
have 1J0 .1 tO 3
A I ar.\ not
yr - v
i f the C
r*h v '.A
u z i . —
d isrogar
Q xic- t '• • y
r -« * ‘ *
just boo
tnu-;ht o
n v * » Ui- y <=
the Pb cl.--.ssc:
: v. r e
All right, the Court uill
. ; A u < U h> ti
uuj! i 3 ii
i. j x \ f ci i i (a. i tl i i. cl t
:.iat hu l'.a3 always
», i
d o y o u kaev a out the hiring
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practices of the Fayette County School flyaten with
regard to black rales?
A Uc]l, t;ic inct that — i» i- X a fa
they hire ram V, n L 11 Ta X o a t. a; . i blech r.. a 1
know it to be a fact t“i;i year, ll * ltd na w * rj
hired a 1 a r y e U t:rub e r ox white no>1 c ; ■; oveX*
-i at
and also single ohito nolea over nine1c black males.
C All. riche. It has been established here
that they hired only one. single black ,c;l ; at b. p.
Ware-; i s t:.a t carrect?
A I'll ainat’ r? rig at.
'd Do you : .now v: ic tiior thorn has b. an any unite
chiihrv.;i cut t b • ■ ro tni.> y.jar?
A 1 oon*t ..not. I haven't been cut there
tli i 3 year. I r . ally could .I * t say .
Ju.t: looting the other bay at h. F. Caro
Hi oh School, I n ere. the / he;, only one hundred
and sor.:. white thud;, non
mam/ if a. Inn - r/.
i * - k* i ) *vA - ;u.ve that
/ r' torn or t.i ; iu.icl;.-: that are i; sing
hired from mifuj; ia » ;r inuibe the co.m.ty ?
h From oul.u. or the county. Scat of tic
nlnct t- acuor;; r a. tc xn 'hiyut ... Co nity live outside
of F.’.yotto County , »• *. tin r i i k i a ;. r • n h i.; or
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Brownsville or Jackson, Tennessee.
Q What effect does that have -- what, in your
opinion, does this indicate with regard to the
Board of Education?
A We 11, it seems to ne, and I know it to bo
a fact, that rlost of the teachers when I was there
most oi the programs that we would try to have for
the benefit of the parents, most of the teachers
living outside of Fayette County would just want to
leave at 3:30 and go on home to their communities,
and it seems to me it would be bettor to have people
working in the county who could take a part in the
school programs.
Q What if anything else do you know about
racial discriminatory practices of the School board
and tne assignment and hiring and tiring of negro
faculty ?
HR. SUIT11 : I have been s i. tting here
lis toning tc this . The last q u a s t i o n was
j us t a little more tli an I co it Id sit still for.
I object to this entire line of
questioning. I object specifically to the
last question and the conclusion stated in
it by Couns .1.
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I have heretofore objected to leading
questions and I obj
rodivt: ot or a f to r v
four runs and the Court
This is r.ct proper redirect,
: 1P.. WIL LIA: IS : ; ? a y i t
I started out following th<
Counsel objected, ho ins is
■ t to all cf th
have all h ad t
ir t !hi’.b u:> i. au q
b i rec t.
* *, ftu J. i t pi-iase t
ng tho r'uio on
i. r,f > 'i r* O X .Jted on i t
CO Opon ball gar re
Thi: CO V All
o' ) j octien t o the
All right. I uuders taiu
the question last asked
oecause it is too broad.
t'd:, b I bill it'lb * til right, sir.
Tub COURT .* How, if y.:: are going to
question. t -1 r s v. i tn o> ns s;onc more, I th
b o 11 o r stog unu eerie bn.eh .
b-o you have other qua ations?
!C;. • J. *n» Li X i i. i 't i 1*0 O ii vwo cr thr«
f.ll ' - COURT : I into.;' ' r . Smith ana
Cr ■: nohaw were cn their fee t when I fi
so I an:;ur.'e they still have none ques
i» Tilth r;ay have. n n. -. n u.r,. in t
o f i r. v;iliinr. : qu ntior,,; .
Y o u it a vc boon cittnju.i O'g Court rtM
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£29
and would be q v fs n inn to cone back anywayt
would you iiot, Mr. diloon?
THU CITkKSSr '/as f air.
-bb COURT- Ail right f va will put you
on the. stand './ben you cone back and let then
finish a .kino you the ■■;uastions they have
for you,
k'Uk U IT d L k b r Yo u . a i r ,
THE COURT* Kow, .r. Clerk, you nay
adjourn Court until 2:00.
v NOON IlECESS)
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AClhr^OOi; ;3CSCION
: upca , t ..o tr a a 1 ox tiio .j. .f i o v.? a ci
t W j i ., as folioWo;}
court:-, a m ri'Jhfc, Mr. hi Ison . ./ill
a round?
rciUpon, ton wicuosa , as oiIsone
r e r u n s d f c a e ’/ i a i e s . s a t a i i u
- * ‘ f V . \ ) " V'. i ; j J ^
stand, ana testified as
r-r ri• * ■* a ,v i O i. » «t ' All right, Mr. • * X -i X w ( \ ‘ v> ̂
.****' 1 « - ’ < > , , , , ’ *•« - - *- j continue v;ith tk;. a c . i a i..Ira tier
-3T . 1. --1C Oli .
; > i lorn a:/-■ • I just nave i O .w iy
or tvo fi.oru u‘- skie:u>, V ur Ho a or please.
ovcounr- All right, go a- i \i ci ki *
F5JP.THI-R FEDIRIICT EXAMINATION
BY Mr.. WXLT.IAXr-
^ - Crlrori, '.a;t; i • anything do you know
a.o.’Ut any ruci";! dnrin.iuncor;.' ; racticoo of t..o
school Hoard i. Fayr.ttv Count- i: reference to the
e.-icjuncnv. or ■ .ora: ...ion of clack school teachers?
• ' ~ w ̂ * _v Con. UOUiTt ̂at.';. I Si.
C./UPI : halt a .laatt; --
... . S- 1 1 .i: 1 oh-ioct to L<.a charactorisia-
txon of the .jUv-sti a.
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Tiiii COURS?: I will let him unow«r it and
I will determine whether it it relevant.
A As far as assignments are concerned, I think
in tiie area of supervision, as far as negro
supervisors, I think Negroes are widely discriminated
against because of the fact that of the large
nunbar of Negro faculty members \m have and also
because of the large number of Negro student body,
we don't have a Negro supervisor. We did have one
under the dual school system, but then wnen the Court
or do red *• r*U*»v. schools desegregated, v;e lost iii;.;.
Q Who was the t?
7Tr, M >*•i *w_ , Alvin Brov/n, and then 1 Ir i->ti'j\» if .l x ooc cuue
supervisor and he started working vita materials.
I think his official title was materials supervisor.
Q Who was materials supervisor?
A I-lr. brown. We had thought ho would be made
a supervisor -when Hr. Bagwell novo a up to superintende
but then they placed a white person in that position,
Mrs. Horton, and again we thought we would get a
supervisor some kind of way. Then they ’./ere going
to make an assistant supervisor lr. Orio. he thought
vo would have a Negro supervisor in tuut position
bat Mr. Drown has been in the oyster, over 2b years
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<\ncl has a Master's Deijfoe, a ad Mr. Orio is a young
fellow, cane fron Meraonis , and only been in the
system two or three years.
It seere. to no with this Many faculty nor hors
and Negro students that wo v/oulu have at least eyual
represontaeon as far us supervision.
h — ta t.'c raciiu history what it is in I'a otto
County, the Negro teachers in Fayette Count’/ fee!
to got a hair ra Li t, 0. 2. t̂
y t; 11 o C o ux; t y , anu if theyy were ayua1
we woula feel our chances would he better,
d , Ail x . i ’.n c , no V. , want duout ileiaot ions , any
aorcotioa practices?
‘ ‘ ' onA nr 11, Z OCTtninly cens idor tl,at a cic-riot
from supervi nor' do,/n to earry ing booh -3 £. round.
Q fc h e case of hr • Alvin L row Ii ?
A Yc 1 r s .1r.
Q Of enur ; r hr. Orto x 'i :i whit i’or son I;
Mrs. Morto U?
A Ye ■ I f l ’> X r . ted ch • "! like I !■ i*aye i t x ile
School iiad j i blue:;i ch.il.. «. * . .ill if . i <a till ik-•w ser.ee
Central, v/ai hui It * a ii v/l. i? .; x 11. t a o s c. tw•o new st
All of a s'..1 i*His ii tan lO two 3 '’ UOOlc il ilii tw.1 [IlnCI
rn lC c i\ anti v - .} \i L.. i v*
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K m to principal and Kuyro ^riacipal . xnc
Mfcijro principal wouL; he cat a aj .ini a era Liya prxnci: al
ia note cases and the white ^rinexpai ,/uui i no tee
s ui crviaxa j prxncipa 1.
w >hi a L principal — — -
A black A rincital.
t l . ' . C U j O T.10 . X O w j O C C C O i i X i i i
quoting other people.
»*-*-* cJji*.» " x.ic.it x x> crxi; .
x ■' a o * * o xr e v ̂a c . a a y o ox t a e a e c •> o
ai-c'-il-; T C’-ti ui ti. axie oOUt:iv/c j t, tee v/aite principal
or blach principal?
»<xii tv, «/’ X* i. il C X ̂ ’ ii i. ll *
i2 ‘♦•sat were tine blue!; principals actually
d o xny?
o Ciior -1 '.. i C , i k : 'd?: ± i* i 1 i O i l O #
-i.v3.2r ao j. ...iuw ,
*• XirfLlA. : 1 bCiicvu t;i.i t x a i l ,
— * » • - •* -j a i « x . . i .i . —. i . i . j » k i » #
cross rOA’IISATIOS
* i .... CRbt.i.iû t, *
0 Mr, ,U.o. ud'jl Cx Oi. CO \* v_, a X cO uO. i x *i d
* * v i v.y.ti i ; ion to y btu” 0■. • ac*i ixi<, o ■ >. i c a x * i \ja;u;
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duties did you yorf> r" any other dutic •; for the
Fayette Caua ty <;• ari
A V f > <• * >**s ' •" '** - r *• ~ - •
of I’d; oat ion?
Q Coul'i '/• M • .•eril.Y !:■■■ v . a ofciviti os for un?
I ■' a .i :: c:'. of the eve nine yrcyruu for
sj t u 2 a t s w*h o v v n t a c to s tay a ftar school, and ha vc
y O ‘u_. i :lu f v- £ - ; :: i. a. - X ■-» e 11 v i t i o •-! .
Q iso. .email 11
A You nc.n %■-
Q Y--0 , s-lr.
■*o did that taka?
r -J v ?
A I ' f '■■ 4 ■ 0 u’2 t ... ft 0 a .
O l- y i d ' \ >' ' in: on t ... t yroyrai.?
A : ; t • . o • . * a , • 1 ... . , T t WS ,* . • l ■i - '. A } * •• ' 4- C J • •« A y. .' •" J v*
,/o 1... • ’ 5 1. ‘ ; ’; i 1 •.: r a u: trai l: ; n or viatuver
you ;; ..It. <• ; 11 !:lsv ud O ;-, :-> ■ wall ;uw "r. Vnnoer,
al : iS3; t 3 ••*. 1 *.;c f_.lt -- also ' .vd -- the
s l ud.or. to \-i r:» ' • roa•: iuy into tin- cc ioc 1 arc they
v;> aid o t ■ ayi • Mt.'d 'll and ia tie windows.
and on .r . Va, : -r -'’ike's. Vi'.i eh i’r. iktnvel j. uncut it,
an 2 T .. i ■' ou A : ler .o th-ty c ;1 . doO- it . ar.d
i\ It. it v/O' nc ;jood to h.tvo ~ ): ;u ido'Ov o; c.;
n■ f t i.is. a ctu A c . : n n.i ' yiay. Aae; -./’.ivy, v-.; did
this k.ui »>r ,»! .as ■ cat c.: n loti enue usly.
O You v • i. *?a t.. r ten- - u r vice a?
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?■. YuS , e i r . l
Q aen d-i- d C I Ji r> 7 rograrn 5 tarc?
7 11 a tnr Led CU V... C V i X \ i 11 o of t:;e year
Mr. v,is s e r res ig * * f- u
V A t the. e nd of Pebraar/ of las. year?
A Y o a*
A a a dld you receive a rar - 3 x n Ociobur?
A Y o s•
C Di. d fchis iii your mind indice to. satis fucticm
L» y L h. a Boarcl oi Education with your parformanee,
f * : » r » f iw . A A. V*ct tna t you had received a raise after a
rvon c i\ Of tv'ora t i ii g the program?
A You f i r , i tv- A» va. «
a second, if
/■ST'. C.UilJSSwVJ: 14 o further .jutatioua
A . t *.4 Vj» 4 i J. JU J 1 ̂ v / * 1 A. # %. * • .U «w . i ,
■ t 1 • ♦ > !X « U . A- AV C* U -.A V- i * J KA
the Court p 1 au.-sc*.
ISo further questions.
TiiLI C?j;v? : All right, you ray step dev; a,
{ .o c n e a a i .o c u j'-i)
'id IT Corrr<y - Call your next witness ,
p lease , ‘ * r . :illic-: . .
* * L ,, . ■. d> t 11~ •> . iuli'.u - „ 1 vli a a an ,
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to3 ti £i<
nrs. willii; h .
U wit.'iOES , L: O i
Ilona , to-v.it:
> O 11 . * Of O . »
£ i r:: t cl u i y uvo rn ,
siiti:ct e;<a m i:-:ation
DY NR * V; I L m I A::
S l a »- k J} O' IX I i C\ »! O t a i' V»*Ki <■’ Xarun s , y 1ea 3o .
A I a V •»<* • Jj wi »*' X" 'X i 1C- X J a 4 i *.) v4 i . /. aye uO, hero
adore; : , 5 , :. - >u to 1 , 5o>: If 7 , Dai; la.au , Tonnes sot. .
y And \i i i:xt in your r rese au; > a lion ? ah a t
c- r w y f.vur ..rJ C d ti L i y Cul:i y .
i . I C: i lyloyod r.ov a-;: o dire etor of too
Throe . h-rn v ; • On re Covi ter :d. Karr v5 n , To uue a arc.
f) V , -t ■ ; tha ; avi 01:0 project t>
Tat V ‘ *j r - j * ’i *
Q ■- • Jo -X f o x ' a v x"" i- y a txai\ C I i v.‘ X* in til..- Fayette
£“N ft ! 1 Sc5' :O .1 < • , ; , 4- -N -1J ’ ~ ~-
Y •. . 1 e'a a .
l : la t ao'.ool and </hu L are a o k ina truc cion?
x a r, .. - y. -n%?»-... -> - *> f\ c 1 :■ 1 ( . * v; U C X X. O * i
t. •.• oa ..1" a :. t. :u--■ • • - -v F y -nr. ty training
<■ 1 .;:ia»* y (l X j a o.ia a 3. tv: o.i r; : • a v .. U c. (. C ̂ 1 tl IT »' ■’ x.
1.1 near; - a.■. . r t o f . \ y o . - * / v i a a c . a. . - K - r v i l l O
i l l c u e - n t a r 2,
a V’h i »■ 1u your oJac t i ' x i ’ i *oh irornci?
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A I have one year at Tennessee A alia i State
CoIleqe in residence. The other tvo years was L
College at Jacks on, r.’ eaiiosiieo , an a inside of toe
schoo1. * i y 1 a a t attenoanca inside of the scaool
was at Lane Collone was 1 33j aac ’60 .
w You have* a total of approxi mutely how ua
q u a r to r hours or semes tors?
A I worked on 133 aonrs and 1 a1 el V O <-l i> O wl w i
hour., unuaiiu.
y So you mean by that that you stave 12 4,
approximately 121 ~~~
A X i *. 1 X V O 1 J> — til at I worked on and X have unou t
11 1 >. o u r s c h a c a r c 1* i i X.X k> C2 Cl * x h a v w i* X X a<d VOX" du u to
my <i llowaacu.
<2 Oh, I see what you mean. Are t.icy quarter
1 sours or semes ters ?
A They are quarter hours.
Q You nave 133 quarter hours fcnat the Fayette
County hoard or Kiuoatton knows aoout?
A That is w.tau Lucy paid me on.
g ho11, you have 11 hours taut you accumulated
alter that?
A That's riqhL.
w You were first er-.pxoyoti by the Fayette County
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School S y..to:rr j.n v.’iia)t yenr?
A In 1mo v e ifs i > o r of 13-12.
V An. Ca have you. w o r•k U U con t.
G O HIT C. o f I.huention sill CO that Li
/ . Y c 3 f I have.
Q Ur to your disch ar yo*:>
A Ye o . I have.
0 Wu ro i i.-’U eve r 1 n a ay o VI
A Iff ; .* • V-ii , only onec , I txi xn k
>tvu-tG e ry G I’y\all school.
Q Ka that Pay nii hlorea tar;
h rt“ :;.4. I AU t*53 rioht •
Q Yo u liva.ro hr . A r;. our tO 3 '
Xeyoc! cix i xc j y v>u naci wx xx tmciijclal records
at t-'ayne School. la that true? Dio you have --
Ml;. ShlTiir ilovr, it the Court please,
r j. X Uiiuv; ;> Lxjiu lOu* o no r - * r Ui .a i >i ex orroctly,
Your lienor hue cut ox* aXI proof on t’. ao
subjects that ho ia now yesttiny into, all
proof of coiyatence of tiiOGG touche rs
y r o o f ciGOU w L t O Co 1 XT<J .» L.i ii L have been
ay a inn t tif. cO to acher •. , tin 1.ruth or 1
of then r ci tiv. oil uae > ■,o 1.. tun t* Y C i) IT io
die not want to yet i..tG ii .1 .1 of this.
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understand "our Honor, you did not even
pornit rm to make an offer of proof. Go I
eject to Counucl going into these ,
* dfLljlAPS ; I unaeratood that too,
if Your Honor please, except Your Honor
denied my motion to strike ;\r. Armour * a
foufcii'.ony , ana wneu you uuiil tliac I thought
j ou ■-jsiid you would allow mo to cu vo ..x ► ,
Johnson an opportunity to deny those things.
tuG COURT: 1 think w.. will nave to
permit am. Jo »aaon to to 3S X Z 'X < • J i t i i X S
because !ir. Ar:.:our was the sola r on so a
tao Board to discharge this lady.
dew, tao tilin'! that I cut oil was the
corroborative proof, as I saw it, taut was
roi.iou upon by the hoard ay Mr. Armour
according to the proof so far ’..'as up in the
boaX C-* i rJ 1o tinge and i t v as a a •i div o 3r fo ix a a a a
t . iloar■J that this Indy was no t --
’ *’ to« G. lITi; Poll, nay I so I will
nay I ho he art briifly firat?
TUB f-> fh : » 'V r-» \ > U * X Yon .
M •> '•dg * - J» 1 4 i* ■ 1 unaera teod the basic
Your Honor oat off allrv. anon t■.it> jUoo£ was
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because this was not competent for any
purpose. Therefore, it seems to me if it is
net competent', therefore her answer is not
competent, Mr. Armour's testimony is not
c o m p e t e n t .
TUP COURT: I can't <jo that far, Mr.
Saith, an . i agree that yo vl C II JL c . have
co ns trued remarks to be that v«<ay , b a t
t .a Court i goiii j to have tO j xe C a ’ cn
f : d i n ■: c 3 i.d eg x x iiv x A-j 3 are going to have
t . centsr o n What --- C*-d tno Boaro Still
C .J, '• Z C ««. . a 3 t: i • ~t. t h c.;«! c t a U ards were oh j c-C ti vc
I think th i3 3 . Cl V is C ;i t i t
t.stxty m s or.c r as Hr. Arr.o ur.
*« O • t C i *O thing I h a vc cut
y on:
tn put i r1 a sc.ora te category •was all the
p "C- f that I. e r t a i nau to third p a r t i <»u
sspyor t i n g the mat tore relied upon by hr.
B wv ,;el1 or the lie ard.
>11 right, hr . willinns.
ii c * «x̂ *v •• ‘ * '• i, ’ . ' g t a t o n o u t s to you about
. he egi n.. financial ro corth: pr h orly?
v:w] i , —
L t. n p u t it this v ' p . Vent. is too (j no
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a question.
I think the gist of dr. Araour 1 a stacei^r.t
^as v.nat ̂ Ai ter tno new syu tcis*a s i ii,j
iaatead of making pay neats by check you insisted o;i
making payments of some substance by cask."
liow, was that true or not true?
a That as not true, and will you allow- no to
make ' a 3 tatonunt, piease?
Q Yes.
A At the time I was transferred to this little
school they had a snail amount of money in their
possession, the 7 I'h, and as the now financial system
was coning to the schools as their accounting system,
arid I think it was new to everybody, these parents
did not agree to pat the money tha t tin y already
k a e o n k i» . * aocouncxiig eystco.
So for that ronton sonic payments were made
by cash but it was with the parents' own money, and
er that wo enter■od all of the iloney taken in at
senoa1 through the accounting r*J > *- •- And ny
tare further if tnere were any - 1 w r 1 a cm i t
I did not know anything about this bookkeeping, and
if there wore any mistakes at all make, dr. Armour
led me to make the, or either he race them for x.e
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bee a u s e h > e n t > r e c? o n t r i ii the boob hinsoI£
and I kept, the dobit.
C All rich.u .
A Each tin■ : ve had to <jo out after an
entertain'iont job, that fcho school where we collected
funds vq debited this p.oncy in the Oakland Bank end
carried ic bach: to the PI*A and to the school a uoi>it
i
slip, and I anvod then until fir. Armour got there
to make these entries.
o All r■-*— 1lit. Mow, yo u a1so : i card his a t a tonont
wit h resnoot to SS O Ui ; U U X ... * , ; t : ̂ c; jc k*. i- Milk »
Te 1 1 Ui a h o ■it tli a niik. situation?
Y C , I ■a i a kh a n 1 *.?aa assigned to this
school it vac a. ve r"1 V,null s ch ool and
Q Ho■:/ nany t • : >cliors?
it \ ,3.1, two, e. had tS/ o .
Q ] 1 ■':w many pui-■ ila ?
A I la 1leve ro j-..̂d ahout DO chi
tino and v.hoy cli : 1: v o auy way of
the
V iO O '-fc
or any care for their lunches after they brought
then fror. hint othe r th•ia ju :t etc re t.;ilis-id in a box
and n•ut then in the cl -ah r...;•i, I voul n nay #
Q Was thin a brie . sc': :ol or woo J_ m ^
y>. Oh, no. H. wan a v ■y — I c a.<1 C X c* .1
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des cribe it. It had a tar roof and had tar siding.
v**\ liov was it hea tod?
A Coal hosted a:m it snokod all the time .
Q You moan tae kind of potbellied stove type
of arrangement?
A That"a right.
n Who nude the fires?
A Wo hud a janitor who came in and wade the
fire early in the taorniny. Usually it sno hod up
no bai mo iiad to atuy oufsiuo until way later in
the morning.
q . Did it have plunking?
A U o.
g You raeun it had outside privies?
A T.iat’3 right.
q Go unoud and tell about t.ie snil̂ •
A Thu lailk progra. was available for the
s with a roiiauuritcynt of tnroo cents. j.SCIICO J.
tn i nk T -. < . *• 1 Cl - o tiny this right.
The children were sup. osed to have thrce
coats and then we take our report into Mr. Martin,
■a super!atenuont at that tine, ana t jan the
go vo rune nt would reimburse us for air of. the r.;i it
that the chilur m toug.it at scoool, ant. since we
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djuln't have* anything over there for tliar*: to cat,
when wt; had our PTA Meeting I asked if tuo parents
would hay a refrigerator, and tney left it to -»o to
aake tain arrangement, and I did, and the merchants
let them have their refrigerator making two payments
So vo all donated something on the payment
of a refrigerator., and I think my huts Land and. I gave
them glO.JJ, and when we got enough money to got
this refrigerator va asked two parants to contact
the Board to see if tney would permit us to g.. t on
th c r; i I k program.
He coUld .
boon at full pries
■the railk program ’
that in when hr. Amour said these parents cart to
He coUld JUlvc boup *mr-
full pri CO to tan ch
p rograr, wo would go
At whose suggestion din they go to him?
A ■A. « A y * ♦ t i i A u. <X "L rey hugger, tion to help out with
th.e cold iunchoa t hC* c..i lurch
r
had to bring fro.. i \\ O 2 • v2 t
a lie during the t1 £U ti v.'O :, d tc> i i a v o a little mo;'*ey
to finance the r.ilk- x ■ :nri, ax*.d I think about four
of ua, tnrae parents a.. i myself. loaned them $20.00,
which was $f.U0 apiece.
ho fox* the t re.uoa \;o got started on the nilk
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program.
Q All right. And was there any problem about
picking the milk up?
A Well, at that tine the milknan d i d not have
a route coning up through bacon, Tennessee, and as
I had to go by Oakland, and tiie minister at Oakland
knew me, I asked him to leave the r.ilk there and I
would pick it up and carry it to school.
Q i/erc you paid for that?
A ho , I was not.
Q I* or how long a period of time did you pick
up the milt a n d carry it to school?
A I g uc 3 a I carried it during the summer months.
At that time we had a split tarn.
Q For col ion picking for black children?
A That's right. For then school would be open.
In talking to the nil nan, he decided to
cnange his route a nil cone over to - "aeon and leave
his milk on the B•00 round and someone would bo over
there to get it.
Q Did you ever refuse to pick up the milk?
A Ho.
Q ’<ere you the prinei ■.• a.l-tv ichor nt that
school at that tiro?
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A That's r Xq h t.
Q Did you ever have any disciplinary problems
at all?
A Well, minor. I would nay, which I think isi
prevalent in schools wnore you have cniiurcn to
discipline, nothin*/ serious.
0 Al 1 right, Did you ever r.aKo a false
insuranc u cl airs?
A I never did.
<;> Al .1 right.
1 at one tine hud ---- well, the Pilot Life
x, a « 1>s*ia of ioring its i rtfiurance in the Payette
Cou;i ty School f.ys ton. 1 always joinea insurnnca and
nay I <j o oji?
0 Y os. go o n .
A At this p-articular tin:r< -- well, \To had so
many t.iiuys to cor.”; up- at tac beginning of 1961 and
* 7 G .. until I (fU'.'S-s it slipped ny mini to take the
in cairn, net-. lien, over, I ha.. my old card. I would
a lw-a y s Jinny on to the o 1 d cari untl ' I would j o i. n
la.. in-- uranee 1 c r the neat tir -o-
;;:wn I a d p , . f ’ i i. j Ci c citer.C. ilk antool T t a 1 k o d
wi c: t t W fed IK.’la >1 a a;. . 1t ij sa i l I Oho alii have rnported
i t ■a 1 r-lady. I thi e.l: it; v/ v ? t- * V<-.» < > o r four da’' a or
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maybe longer before I really reported tae aoci lent,
and I talked to the secretary and she i.aae the
necessary contact to hr. hr; our:s office about the
l*ijuror.Cvj , .eu iuicr \*ncn no care ruck to tuli. to
rue about if 1 told bin I thought X hud tac insurance
a**o X r-_:-i 1 iy vui” t suri; , uut v/hon uo Cî ookecl again,
■as
a i d , ''I will cheer again. !* T*X .Jhowed bin
evict ntiy lie wasn't sure hiiaj a If that tiii
wrong card. So when he ch cckod again .ie
cone by aj'.Li talk to r;e,” Tv I stopped
o £ £ i co and he said that card in for tne yea r before
a an I r> a i d ' oa, go ecu gr oncx o uii r x nr.. sorry. " And
then I c 11 a *: ■ o d ovor to y tcache r * s ins u.ranCl.1 .
nvp I .land y o u x11 x a 1 Lxhibit a 5 44 X »■ ?» * ». 4 V you if
y o u can idanti fv that?
A Yi a . da.is is thc bill for r, bishop
and Rush, Armstrong Clinic. Xhey are tuo ones w.no
trea t e d m . $47.53.
Q 13 that for the accident that hey>cned?
* i Y e s , L i J. X .
Q An ' was the f 7 « t i 1 • 1 ; Xecu of the clair?
Js. To. f t i - uCC :l e n t tii.1 t ha.ypa nc u .
Q An ! v; • a the t the •mount c£ your nlai...?
A T:i it' s ri-jbi .
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Q Did you over fill out and co-opl- te any other
clain other than just -jiving tiusi that bill?
A -io, I did not. I told the aursc to cancel
the insurance about the Pilot Li to and wo would join
the Teachers Division of the Combined Insurance
Company.
C la that the slip that you turned over to hr.
Armour?
A A a, I did net, because 1 die: not pay that
insurance. The Combined paid it, I belonged to the
Combined Insurance Company .
n+i. T o unc:: < x i Cl y o u turn tnat slip in?
t This in the Slip stating the amount I paid
to tnc ;\r: otron <j c l i nic for the accident, a n ,1 tills
i o py receipt, so I just kept it •
Q that I at; trying to find out is did you file
a claim wit: dr. Armour?
A Iso, I diu not.
Q Die you turn that n 1 i p o vo r to ain?
I i o , I d i d n o t .
Q Put the., tool: t.-.e amount of the claim that
you tilde?
A They diu.
I * « u iJ jo . C A • . L> T j. ■ i y.- c, jl vl 1i 1: ~ to introduce
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.1h a t has b ■ in trodua e d as van
)i t for i d e. n t i. ficatioxi but nou ns
Your nonei >-
r-» • i'1 i. U L cot r>»-» a . i vi t. is the nuodor o
l K , V.' ILLIA M S ; i-Iunher 53 .
Cud COURT; i;; that tii.it pink bill?
'SR. WILLIAMS ; Yo:; , air.
TiiC COURT; All right, ".r. Clark, './ill
you jure remove the identification indication
oa it vuid then it bcconcc an exhibit for
ail pur,-os 23.
(Thereupon, the raid uecar-snt was rande
IMuiibit do. 35 . )
Q Mrs.., Johnson, did you obtain ■— you ntioned
other iramuroo that you had. '.Mint other in rurance
was that?
A The teach c m Lad ct group insurnuo.? that we
pai.l out of cur paycheck each nonth, fun thin wan
with the Corbincu Inauranc.i Coi. >aay in the office
there in Lauhvillo , Tennwsao-.-.
o /.ii r re. VJ < J 'it’ . <\ :5 ,1 y OII
I ’..ill lia.ul you Trial exhibit it and h you to state
w.letter or non t ;.it i - a 1-:; ttn.r rocc-iv d by you iron
Cor.-lined Insurance Cc. .;auy after your discharge?
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250
Ye a , i t i s , and on th i s i ’.on th the ; re;..iur.i
be ?3 0.00 a non.th , cm.d when I was to a. c' i i i• t i t
12 ,. 0 0 , bun t h i s a s t h:a ss'-.t; i n s u r ar.Cr -1 wcv/ a s
a 11 had.
Q v.V ? the premium actually 012.00 v/hoa you were
teaching?
U:.o <!e<!ucted that pres>iu-a?
A V.' 11. it vas deducted in the School 1 .aru
0 I> i you~ linow whe111or the prer. 1 u:; wac actual 1 y
t o i i o r t v . 1 * r o d . o 1 1 a r a ?
A t / i .1 X , ? r o n t h e s t u b o f ? y p a y ~ ;. c c 1 . w a a
5 1 2 .0 0 .
Q Bn t the 1 a tt- O X" says it v:c3 t'on.
A in 1x * ia fc ’ s righ t.
Q Do you. knos vh it the r.chool :hoard
t a a t otho r $2.0 0 they tool; o’ t of ycur pa
A 13 o . I dr,n ! t
th.P COUP.?: * * V* « ■ *,1 liana , , ■ 1 - ;e don't
c: : c a te a n o t ■; a r i SU.'t ■i. e i'- ?3 c .
k. t-. T-t r T T T ? ’ ‘ *'•«. i \ • ; S.Jt J. .1 i a x 1 •■i 1 a. l* 1;
1 would like to ?• . f - v* < ̂ • < co th t an* y;■’•)’hit 56
Your ; ..or , 1 . . -a 11 . at el ready i > .• r.
i ■trodneed as huh i y t aC f <5 r j. u c n t i fi cation .
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'Jhil COU1VJ : Oh, I tec. All right..
{'I'hc-reU; oc, too neiu locuricnt war race
JU< v* i * Jw * ̂ -c h. i* » , » . f. ^
n I An,', '
actua U y i -io
r. A. * » i L»
Q Mr ,;.
o r n a, v; tl 1.4.
or an f I t i >• • * A w,ie.e. j -w
■ T
Q • S'/, i
ir.a.C u a fait ia
A »d.; *
o Dr. y
you 0 ad n.n-.e
A Ho .. 1
w
Sii-uv \ v.n - ire
A i-cil.
I. X d i. i- X J. - •»
at a.." tine over file
v, —— cX 4b i —/ c ^
' you.c intention ever at any tine to
: . ! . O f ' . . ' . f t . 1 ' . 1 ?
rir. ucroy
(. 1 -» X * * ' J diX'iU X C i. .
Co;j;.,crcial . \ 4 ii.
0 M j rig-.t, co
i\ — L*. vJ o . k * n. V. y j. i i. O' ' c m .
J. I a: i not a arc
3 1 *• toner t?
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252
Q
A
V r \ **
school closoci I did not know that Mr
S‘,aw woulu lvG uisehargeu, and dr. Fersnn called ny
P t toa ti o j ; to .1 !• t *iu that aano day I sa it in the
papo r C;lO !.5-3 to ny o 41 £ ice nnd lie rer:intoCi 7TI& Of .1 1 ,
and he g o f. tne paper and si;owed it to r.o, and that
w a s r.y f i r.; t h. Iowled<jo .
Q Tt.i - v;na aft-5r schoo l h.a clot e <3
>n v\ 1 •
yoVe W a thnt Pr. Ranson Perton?
i\ rn .at i::. co rrc c c,
Q Yc a s a y ;h* rt : ilnded you of it?
A i. v a. v» i . ,>,nuea .0 of tt.13 Cas.; of 5 i aw.
Q i. V.1 *.* way 3
A il< a:t, ,.d 1 ;u did I ta a i t in the paper and
I told hi: ■. -t. ho J no L looked in a;;y paper t h a. t v■orning
o nd sa 1 i 1 U. •T Cl t> i i thorn he got the paper and
a o h i t 1.0 * U -i. j. . a pa r tic-1 1 a r incident
Q D:;. r . foraoji at t : at t.iiv-.e or at•’/ °the r t i me
i c' h.. j.c; V.ith i.*Ci t c iij.0 J; O i ; ■; ? called tO the
o f 1J.CO about. :■ r . Chaw?
~ -I'-di* i; reuse r.c* just a second,
t’j.i-. C<.'ail’d • • t.’o did utrikQ ir . Isrson1 s
too tinonv.
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253
? 1P . S’• il'i'ii: iio , I bc* 1 1 avu y ou a truek
Person * o , Millie -ii.i. iLc Pairaon ' s
testimony , not lr . R;ui;;o k Parson * a testimony .
MR. WILLIAMS • Slue’s right. Mr. Ransom
Person was pertainincj to Mr. iihaw.
rr» |; t •i. ilia COURT• All
fi R. ih.ITR • Nowa* Mow, the oo jeotioxi that I
h ava , hrs a ucution
i it is for i
to her.
u x o a V. La a. e n ; i e i j *y any t.hiny
; .1 to ay what he .aid. I onjec t
'incj a / o u t want M e lhl X' son 3 £1id •
• . > \■-*1"eao •ling 4r. Peru on, fine,
I , lie w a 5i a ni o ti x - he taij.ee
iti lie tal red to he r aiVa louaS to*i
j 1 any uii in\j flirt:;'- i"*
\... kh3 ht; re to ten til y in personox acC- i\i,
X oi'juct to toe sacoiuoianct stat stout Lt.’iag
p u t i u by nix* „ Johnson.
"'I . KX xjXa X J \i 1 ily • ‘i * t i 3 ia offered for the
p 'I XTp O li O of irxyo< o;ii:i<; iir. porsou's tastinony
ti s tu nun ll O \ ’«.;:> c J X i - J ti to -r. Cirntiars’
office, Your honor please.
hh : nil m h t. T n -. r a i ^
difference in the re cord aa to . . Carcthars
account nua / .z". Person 1 . account, an to when
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254
hv v; a 3 cal leu.
Overrule tee objection.
i i . 1 A y. 3 . * i t v - . V. vi 4X i 4 v i C> 44 4-4 i 4 4-4 t w . 1 Vi .4 4-4 i .4 0- t-4 t 4— 4 4 4 t- .
[lease?
A Mr. • Person had an opportunity to cone to :->y
hone to install the heater and we were waiting for
hir* to cone down and do that job, and earlier that
voinxnc *44-. Citi.htu 04*4-4 tin woelc; net *41.3 ii-14- to
cove down ta ox *- uuouuse **o had nud a caxl to ao to
tae superintendent's office am; had to fill out some
p <i£-• c5 IT 3 O .L ii w bUC v h X i'i .j *
n .1, was the convarsatiOii hctwufo; the two of
you with regard to thu
L
to say
2 U-* U < .}m t .4 4 4 a didn’t know what they vented dim
id;. Snit'ii; If Your Honor please, --
h X A*.. 1 This ir, s 0 1 el’ f 0 r the
purpos 3 G X x cx w i i x j! j ing the eve at, i£ V0 r
h- nor ^ -V d ti -4i V— 0
•
* * <* * • *-•. 1X X i- * X .4 J 1.vnU*l U 4-i'.OV v/4i *l t".. ill. 1 i U* v’i to
say ur-lesu it w»u w;. u t. * i C iu 4* X • t « / j l 1 * *tl . . V. W Cl 1 t
in, a;... I V. tw.. \ ' - 4 V { '4 • * « *W A- w that iiUo «? i. Jthiny
to do Wi tlx r t.
si; .- !'■ 1 i; ciu leu and tallica
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255
to him, fine , but if she cat:5 say the
e o n v e matron o f what he ana otner people
talked about is hearsay and. is not being
Uses t O 11 *1 y Ovi C,* fi hr. Person, I Object to
Till: COURT: We don ‘ t have a problem
so far.
I think your objection is some testimony
about going into details about the conversa
tion but she hasn’t said any tiling so far
other than hr. Fersou said ha didn’t know
what they wanted to see him. about, and this
oar.latent with his testirony.
then, whan did y o i say this ~~ V* A G * i W U
this that you received this call from, hr . Person
with reference to the tine that you — ith reference
to Mr. Shaw's discharge?
A rn ; . Z in l-J was af Le r thU write -ur in the paper
that .re way a vine a s;■ii t with the 11oard. This was
after i i a c „
q T:'i ir> was a fter tsO laws ui t. v/as segui'i now?
A Tha u 1 S v; i g hL . h O'./, it was published in tuo
papers.
T i b COURT: I w a s a f r a i d that that - -
we were getting into --
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256
, WILLIAMS: Getting into another
s i tun tion?
COURT: That ’ s right. It is not
*ny serious problem except - —
I* ; lour nonor please, tiiis
is firnc taut I krtuw of that,
Q ••ell f now you say that --
CLC Co u r t - it appears to <:.e that this
was an incident that occurred after the
lawsuit was begun and that somebody had
called Mr. Shaw to get nix;. to tall to hire
a b o u t i: i i c. 1 a\ > s u i t .
a caii L be 1 ic t n tnut nun too much to no
*1 -i ■— -' i j. <j j. i. ]t x 11 n ,
2 Before this, you uenticned that Mr. Person
CBeto over to you after school w«s out?
A j. iijt ci tig it. ucnool v; as oloscc when hv cante
s
Q And what transpired on that occasion?
* At the sair.o ti:: -. he vac there hi a purpose
at Try here was to repair a hot water heater and
we were t a 1 k i n y a L c u t t h e ;; c 1 c e 1 s y t c. , just a n
general about school. and ho mentioned this case
about Kr. Shaw, said Shaw van fired and h'. was making
sons cl;urges against t::o board and it •/a.J in the
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257
paper and I looked at it and we road it together.
0 Thin wan after the lawsuit was filed- in
that what you are tnlkinrr about?
A I don't know when it was.
Q I risunderstood you.
THE COURT; Let’s raovv along, Mr,
Willi a: .is. Let’s no ve a long.
Q Mirn . Johnson, what wan the effect of your
discharge .on you?
A Well, Attorney Williams , I guess it affected
ns in a lot of way*;, both mentally, physically and
what I would i"■‘jy h‘(-V- ~ v , 1 1 ,■*-. >v’ .UUA J. v- .
May I c .; 1 ain?
C Yea .
A Wc • - since all teachers
ciscontiuuai.cn of
to toll tin..;; th
: would h e in the s <; no category.
, . ̂/?w C, ... hi 1 ?vs and cojjditions that
<r ;* . tilti ti- c wc got cur latter
c < tv - I ■-.•on ten. in a tioti of our
d t! ■ 1 1 - •f t u s j. r. a fi• ianci >. 1 ,
X'* Zi“ 0 - cruel a 1 •' i na n :irl situ.
no ti to really co : - 1 act or. r c r
̂ j . 4 t l- i. .1 :j ohi eg new Jill;- ■wed to u
we
it hurt ou ter'- in the oowiuuaityp r x d c c: a ai ann our
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2 b S
friend s.
Q All right. What about your profeusional
careers?
A I know I noticed it.
Q What, if anything, about your professional
career?
A Well, I noticed that if you applied for work,
the first question they would ask you, "Why are you
leaving the Fayette County Board of Education?"
And, "What d i d ti 1 i jr? do? W a y did t h e y fire you? "
Those «. « i X n g 3 d i dn ’ t nako iu? feel too good.
0 L U d you feel that your chances for future
employment wore ucaac.d?
A In another school ayston, I think it was
r e a 1 1 y d a r ut <j >- d g r c n 1 1 y .
Q How* about your prestige in the sen col system
in which you arc nr'.ployed even if you are reinstated
iu tie Fay otto County School oyster?
A We 1 I gucs s that will re*main to be soon.
m n. WILLI A. iL ? 0 ..... an t is all.
Vilh CdU FT ; All right, hr. Soi tn .
-U;, WILLIACS • Wait just <>: minute.
Co n ■ i oa d
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259
CROSS •-UK A Mil! AC 13M
BY MR. SMITH:
Q Hr:--. Jean non, you '.,'Ci rc , of course, fani
with the fact that to P a r t i c i pa to in this Pilot
Insurance Proyran you had to sign up annually,
you hot?
li Well, c. <xch year — do you Know the operation
of this Pi 1 ot Inr,ura:.co?
Q I an not sure that I do. Ha iniy vhut I an
in tores tod .in i:; v/'nuthor you o r not .
T\ Sec, th- y would ijivo U:5 a card each year
anc. a little fo ;rx to fill out and put our iiar.-e and
address on ther , and with our oney we would turn
i naurtj ne.
Pi lot lasuranca
e person d a s !<'r.ated to oo 1 1 oct l: is
and in tvtrn this person would give us a
da i.n'j t. h at vc v.’src a full t: ember of
Q V •'r> , i .a *or *
n/ •. An 4- ■ , - i: all that that iucuraaco consisted
o f .
o c you v. •,. ̂ boon doil.<7 thin fcr a au.:b«r of
yonIT ’ > X’« t» : y o ’ n,, * ̂K. V . -
T hud al• , vi j *> j artici. c. t w. a.. • cue lilt' u Life
Inntrance a t t h •. 1? cl lool,
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q i be<? your pardon. I didn’t hear you.
A I had always participated in the Pilot Life
Insurance at the school.
q I t.a each year you signed up again?
A That is corract.
q And, as a natter of fact, you assisted tne
children in your class in getting up the money and
netting it. in on ti.ue, did you not?
A lioll, not all the time. The parents would
send the money by the children auc the principal
would collect the money and send it in.
Q Did you assist in collecting the money?
A li G . It had to be filled out by the parents
ana not t- ■ i teacher. The only thing!s the teacher
did was h> v . It■I her money as a homeroom to ac tar.
n ware these foniu <iistrioutod to tncW.
chiIdron?
A Kneh year the principal v'oulti bring the forms
in that wore sent down front the board of Luucation
and the principal would hand you the number of forms
that you had of students in the classroom.
q You mean the princi;nl would come in tne
classroom and give them. to tao c ; i ldi >-u himself?
A Ko. lie would give the forms to the teacher
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to pass to t * * J-) \ 1 1b . i J. >.
0 Tha p r i i ic i pnl would give the for;us to the
teacher to p a a a 1 :0 the children v:itli i astracti onn
to bring bach v;i th the money?
A . Id they war.ted to join the insurouce.
Q I f 4- > ch i idron wanted to joi;; fc'io insuranoe
«they would A J X X i J 4'***e forms bach oral you ■;ou1 d collect
the forms ./i th tha money and give it t j the prir,c ip al
w o u 1 d y o u not?
A Ho . 2 1 li 17 wUiu send somebody he had to do
t. t, to co **- X 7 ;' ina ■ i r a a c a t o th a r v>o.:.
Q be. i i .: ^. t o. . ran take up forms fro.; each child
h i ~n self ?
A Tu'U X -i a o rr c- c t.
Q i .c. aor v { 5 3, i i the ciii i Iren giving the;.; to you?
a v;• ~ -- c: -"r • * c u *
o .• :1 IT -L v"i:t .1O'.v , U. , tile n 1 b...lievo a card
v/oulu L... <;1 ve n C U t : i , that correct?
A A sail c ii r V-’X tu tl ii C £ • -,i 1“ G n Ls’ nano and
nvu'acr on the c. i *.* i.: ,
Q »-■ i io' j.a , . ■’ t-icl». alien?
A Th it i•, cor' -c t.
Q An.*, c.r CO 1: bd the 3 r l: 1 .• -J l • tr’.a in
your case too . y _ *' G * i X ti \ .* .1 rj i V Cv’ card?
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h That ia correct.
Q With your nuuu and nunber ana probably tUo
year, ia taut correct?
A IJeii, not always. I think it was
Q The cards were different nuuberu fruu year
to year, were they not?
A >'*'ti i. JL e £l »J lUT a;; I can r e rao iab o r t * i e y v; e r c .
Q Yub , r.a ‘ an . l<* OW j c- r i ii year in question that
v a are tatiiac about with refercac-.; to hr. A m o u r ,
you had not in fact signed uy fur that program
had you?
K knot progran are you talking about?
Q Thu Pilot Life Program.
A T a c ’> r a s x u a u. y a a r .
C i - , lu.'a. , Lust year yon did nut in tact
sugn VC jX i. -/ A that program?
A I didn * U know that x d*a not.
Q y o u did not do it though , diu you?
A H a , I uid not,
r\ And y v> u i ji. a nor S iUKs y o ur money in?
A No , I uid not.
Q And y o u u . v t n t g ex a c . >rd for 1 xut year?
h No, but I «ll’W si n .d tno card teat I kept.
.. . - . - * A 'L . x * i . . - i t j l . J U l l .
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COURT- Hr,
any q -tions fropt R?
•- ' r > T r J
f'1* a-j COURT; Any
■* h iLx.xa;>S; :•
ti.i: COURT- Yo",
J ok:i5on .
(Wit.na.-jr; II: <.
* i tt. UILLRAUS- I
’ ; o 1 : ■ Me'Rerreji, if Ye
V. I .i -• > v. J U.'.i ■ X. i
'our Honor.
. re ct, !r . Wi 1 1 i axns ?
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261
•* ■' Jii i .'A, i i-» ■ >. ... *!•»
.i*l ’..’itucjs, bein<j first duly ;-.r ora,
tostifi o d a s f o Hows , t o - i t ;
DI RTCF E.XAdldATIOl?
b X _• j t . •/« X Xj : » X i v. . . > !
<v* T11.1 o i s :: r o . V i o 1 a Torerrren?
•p
i . Y on, I ar.
nu; r X > . * C i O x x" w ii # W ti <Xt is your a- e ?
A I nn 3:.’ yc.ar s of a'J *" ♦
o Aild y o<fr a.>1 u r a r.?
3o: or-oll , f mines O C'
?~k- Y..-u nr ; cnu of the o r i yiiitii £>laintiffs ia
t..is case . art* you not?
■* Tacit ’ ri-y:--t.
A:of . - a hov-u t j tif j J "* X C '•/ X v... a 1 y r i a i»y ti; •>. e 3
i : ■. tuis <
A That A:., Ira.;,
w i ' r - r L - c . n f you Inv o lived in Fayette
Cou111 j all your ii u , inv_•,n ’ t \ on?
/ , l. i itC i . 1 3 7 . ,
y i .r y u yrnduati'd fro; sea on 1 ia Fayetto
C O u l i t V '
a . t ' r: <:■ c
i.'lu: f. aid , on 1 iy-. l.-efo-r*- *
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Q
it?
I 1 Jj<»n ton Coun ty , '1 i c h i g an Ci Ly , ■ ii s r.ig c ipp i .
That is very close to Fayette County, isn't
A Very close.
G Would you nay you are familiar with the
school system in Fayette County?
A Very much'so.
Q Do you still have sons of your children
enrolled there?
A Fiva ehiIdran.
o I'c'r many of them wore original named nlaintiff
in this c o?
A r r s , ,
A. r e o o f them.
Q ip V (- case i a .. ..- -e n going 3 eng enough for
to accuEul a t *•o nor a in tin -system • is that
correct?
?v jf i tp i , -> j. in true.
Q hr t school a m they in?
A Woll , I have two chi.!(Iron or.roiled, at
Central L 1 amant ary hlmoi , a .1 three n t fionorvilie
F 1 nine n t, *s v- •; *'-* < ■* Dvt-a to this Ira:-sf or provision, I was
not able to get a3.1 o-' thorn into t.h* sar>o school
which was Sor.orvi 1 .Icrmtary wh--.ro 1 want- J them
to enroll because I war. in for: hy th . supo via t- mlcnt
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office that the fifth grade was filled \;p at taut
time.
Therefore, John and Claudia are at Central
2 t t
11 lame n t a r v 53 c a o o 1.
Q firs. 'IcFerren, have your children been
spanked?
A On - you, hr , V/i lliaras. They have been
spanked. They get spa it k e d a 1 1 ch e tine. If I may
continue?
Q Von , you nap .
r . T i.i,.,•~ . . -i W . J.* i:/ when I arrivad horn • . ny no.. ,
(T -a ■ , r-. 1 / o U , ho in n. r.ed ir. u.i z 5 c a a o f Jo. in
£ - O : li~ ... i * 1 eaun roved to County i. oavCv O . *.« • vi C ,1 IT- x o r. .
r-xn fcr> nCi, :ni h - eu a. 13. u p a c- 1 a 1 io\x ,* rv v "> i \ i: x. 1 1 1 1' v w. i d t
ii • «. i *’ ' O .'t V: h . >i w school Fr v •->* y »
fo X stopped to listen to ehoit ha i hap-pened
and ho said: t i n; t .ie a;ul other childrun veiroi chancing
c 1 a c so 3 , a i* I un.; erstami it. cooing down a hallway
at ch-utral PI e no > 1 1 a r p , and hra. row3. -r , onc of ki.:»
s* .ut x 11: ■': vactor : , standi up in the hallway, I
a j-sii; cup. rvisintj clildmn, and m - tel that .mo the
i> t a u. i t >• •.ued aio an*. 1 ; ■ i; * •* 'A * ‘ j *5 - C i X 1\to ' 3.' o . Foo It r r
and he saic. t . • t . . roolor caught k ir. u- / tn . a m
and banged dir: again:; d oh ■ v. .a 1 1 and t.. J u oaugo. t hi; .m caueh hii.
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and bang-nr! hirs r j 1 n and then throw hin 1n his
clasnroo.! i n to 1 * i s s \t n:> . told bin to write 5 00
times, 'I vt 11 5 C VO 1* hit ny toach.-.r c\ cj r* ,i. n ,
Sc I re 11 y (i o n't t a e o i d o ;j ■s v i 111 r -y c h i 1 d r e
I don’t bo ] iev* V O T ' *thing they nay, but I listen
to ovaryt; iny t y, and then on the other hand
I always -
* * r.. S'* It•I • Sreuso ro jus t h nor is n t ,
the Court y Ion.no, if at rll possible
V 11 ho to avoid g ’ttine this lady or,
do ‘•-*r ho re on v* • f *■- i 1 ? •• y* -ri ■> '"***- *■ - *- -V ’ * - — £ V' V 4 v I don’t nee
A. H *•» *.a roh« y -ncy O 11 ' T V' x3 very clearly
In- j.-rn.ry-
I Object to a.ll of thin on that basis.
■?> » -V * -• f ( ' ■> ' 1 :/ * ’**-< / ‘ '*Ti O O ;h T / ' ̂ h f* J t»T -.X C g.f'i J'*
hor 1:»* . .1. t ■ trho th • or r.o t i d x :> cr .1 i tci G O P J-T o n
and OiUin:; ry in the !•’oyetfco Cooney L’chool Sycton
for fct ache ,V:i to paddl c children'.'’
*S ' tn x ''o, ?jr . 17 5. .1 1 inns. I wanted to nrina that
i n too bar:
T - Al l rig-it, let •- - sustainl. Cl u !:
t’n ■ ifir on o:i the <j on : it ••I'hit I. e
re 1 \ f . • »«vt to t c •< overall not to the
ho o r i ri n th-: i -r t i G r A : 1 l- ‘ t e d t h e
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2b 8
1 r,nonet; , and I c
Mr . McFerri’U i
hu t at tiie nat
a;:al! c a b 1 o t '
nr. i n l .j
cc ■“tiC t .
'2111. COMkY
x' - - ' - , mcFerrou,
not KiiOWii -r - . r.• - .1 UUi, »- --
Vi fell ! 2 taut I rani.
OX' IlO i« X * •* (■*; >T%' ’ f*
else to -3 - . 'c or
School .t n . ?
A ; -- , a i 1 11 as. ; ,
and I b :1V'. oil a a-y CCC
talking . ■ - ; .it the a >. a ,;
I mould i: ,.e to i;o' it
clnir ; /■! ui.k oat.:.
1 u.'Kiur..t:-;. a t.ia fc fin j
oC fc.dc c 1 •'■ a, rc:m .a . '
i j . j r; i: l> •• , A i. <.» .7 o t ■
c ? r •/ a a y h .id i. ... a
V a; Iii : -; 1
€ . r././la; i::
don’t moan to In. e r i t i c a1 o f
u mi t. .1 n- r: a tc kn()■„■ a!*cut i t
ti.-.o it i > j n .t n •> t
t .ixn :.: -a a it i -1 a .
a. "S : dell, I f in); that i s
All rignt i.or■ --
x' e ■..1 y *. n a t .. '- -m> ■ X ' i a d
.lie vo you h a m dii CUS 3 ad th i a
' / ■; a it-. .1 to •a v, is wh .• » ■*-- * ■> y* o- u. * * V- 2.
a a otO' C O 1 a i'-.lu a: am OV?ry body
■noa lad in the rayotto Conn ty
.a; i really a .■ : do ling - y:. te n
* •■*.■•••* ' 1 ' « i ; ’ ' u ■or. to cor.; none
; liar ■; mt:; b cause, a tain,
- a. a r.".. I'OL'lur , t -1. 1 1 -i.
o’ :■ t:m cinnuroi. door , t;.c
• . a. ' at tint in c a u •;< i'; t outr. i lo
• . C a a tr i i o'/ t or- - rir-ei al
r i -i a a f:. r r.; y : o: i a ' i v* 0 X
■ ; .a i . i:u a --
L to ••-. y ’ i 1 O'- -or .lit-'?
; V.-. .M- a a ! l.a-a. ran. _."io a-r i ,ic:i
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there
2 6 J
in v/kite a 1ao
/Ml ri-_jhfc.
A And it. cliu tv.rc* no , J j ll: 3 JC von .ie re .
kuov lie in active and :servoa:; uo to a e «> r t a i, i
H« doossn 't otrieu re as be in a child
v," c u 14 hav , to nad-Jlec’ 0 varyda;y 0 £ hi:? life
I just Y/onJero ; about that.
a •• > foIT.i- l~ Your ii on 1 , ■ 1 -• i •~ . " t* - t
I den't thir.k vo naod to r- • ; t: i \ V: 1 Wnet
h :: chi Id ICO; . Mliila all the tine.
Q ; • 1 1 ; : • •;* r;. ' 0 Ferro a, I ti: in! that - 1
ther
hav: y ■ f : 1 t it , : on a 1 1 7 an a area t.
■ • . r).■ j:; i , ’ <*s .1 c .1 ■>'<’.v.n t or> c•?..alis.1
free-: t.'u; ;- inltoiih; o i: dr. eat’, M Cue oa p.ul4Xi;i«j
in yoa :e; r Milan i •. that, uonooi n. ;cc::"
A ad 00 ■ IT .-5 '»•; a.'u* na.n;._rea t »a c. and
ai l i in an 1 ...a ey<; to; - .
i:ir.Lir*-n- Tea,
*, <v ' T n; 1 . \ . K > jL j. ii And ’lay I '•h'J net to all the
root an b* lee a ironyonrive 1 ui irreLeve aC?
:?•'. ,'.iv •’*. • I cl.jr. * i: hh'OV vac-t' i V i v" i. u
i: irr levaat, '>’our her, or e.i
Add C M AT • I r . Ini'; <i .. * t •.. to
Ii .v - to (ju i .te aue :! ;r i :.u of vauth . r or
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2. / 0
not her son needed pad !liny. It might be
relevant to whether or not somebody eluo
eats paddled as much a:: they any hr. Shaw
d i d, but a till I certainly ci o n't --- it is
irmlevant on rhethor ox* not her son needed
liny nov/.
f r y. I i\ . WILLIAMS• Y ca , sir. I vi11 aere e
r p t ? l V * COUP,” : I just don * t have tir e to
th e t
G ■ h i l right, Mow, Mr;;, HcPerren, this year
you r.enr.i . d something to rso about n forr.or - - to
il lustrat- ’ ? Y*'l *l •; 3 i o n o f
a for Hi; 1* ;.ij.;itr r.dorit,
It di .■ no do w
r, I Jon ' c th ink I
f \ S c r\<>t'. > i. ■V. <J ■ 1 h O U t
> 'ab that you 1.1, K.- ' * >it Mencio:
l - be , it vraa not.
o- Y- - boll, I miused nemothing on Mrs.
Johnson then.
All right, r.-’». Me -rr -n, there is or.,
other <'-nor tion I want to a.i y e th n x.
t it? • -hut, if anyt.ti;' . y u know about the
. i tun tier, in y> tto County v i ta r to teachers
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71
being able to got to the Board of Education?
rt •Mr. ill Ilians, tut/ ere JU> t able to coranunicat
v/ i th the superintendent and the Boa rb oZ Education
an thay should, ane I renumber th i a pan . sunnier
three of us went to the superintfcntiont * a office,
Mr. Uaywood Brown, Mr. Richard bavin, a mi I, three
black people,, and we were talking about a number
to know the :r».;!iocr.
is one tiling tilat we discussed
iic we certni nly feel that the
an opportun i ty to really y C t
of tilt's Board c £ Education and
and .e even s u q cost ' d t!: a t --
i*fcs p o 1. c. c m t- v.'mitijv r the
principal any;.;, vm* thex it an good or bad, this
is it.
There coerced not to be any inqui rice. There
seesiiad no t to be any avenues wii-1 v o the ta richer can
really get throug:i iiinmell .*nd really di sc use
v/na tevar it i • t’aat the toiic.uir L vj con norhed about
W i. IZ i i t auir su *': r i o r a .
fj by tin;hr cu:ierrora , you non r. t ic 11, ■ cl 2 i tie ad1
and tiic Los rd of uc 1tsion7
A Ami tiia m,. i *r -.i j 1 ij(.uo it t.ion . I. ouId like to
give you an t..,<noi■. o £ a i.c r,c• i a ■ tha t v:, ••j interested
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- /
in sunner cork. *1"; 1\ i» s i/ v> t <7 ur'io it * * r o i’ taI 'i p 1 >.»s
ii oiT‘m o r , and he va~, talking to r.o about the
program that v»\i ’./ere- going to have. It an
enrichment. grejra'.. in the public school syswr.; atu
haw .ranch he needed to worn . I surges tot. to n t he
submi t an application to tho Heart of education,
ana tnis instructor vhor. I can give the nar.e , If
necessary, sail no --
i. ■ X a v̂ * ~e U a! . r~ » ,Li rf'v Wu s e eo again, if the
Co vl 2. ll iJ **“ Cl bC , x ob jec t to her ont;tifyinc
a a to vhat soruiO** o c 1 u e c a i. d .
' h. wli.LIA'lS * She hue not testified - —
ill'.. 5? IITk • Sho wnv o1Vi . us 1 y going
fee relate a story cor.eo.ic told her. I object
to it,
,11'. WILLIAMS : May it please Vo nr honor,
she has not tea ti tiee in that n.yaru at to
t..\. total of what ho sal } ;;t ; i yly v. ith
regard to the f'dlity or Inch of facility
of tenener; beliu; able eo go u to the scare!
r 1e t Lviuca lion .
couny- At th. I n a t
> fe 1 yirule it is hear. a- y nr-. n ul;
aronyr.oua .hearsay, :io I n u t,ui; toe chjection,
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273
rhe Court will a3 k vou to <jo on to
u one tii jiur cl h o .
Sj I*;i tiioii { snyiny wont; too teacher said, can
you ay ;?iut vu.
X i- y ou
s done or not clone by the toacher,
A I Knov? thin teaci'.cr uiu nut subr.it an
a iu i i c ..i t x c 11 t o
told rtvu -
the Board of Luucutipn because he
Cull, you can1t t oil -- -
A A11 r i >»t, tiny X steto it t,iis ,>ey*' V'elx,
you uavij to cjo through your yrinci n.l for whatever
you v. vuc iron ...ne bo arc. of buucntxou ana tins
a. ; 1 ie stioa en•• not subr-ittae by the individual to
co. '.oar ■.'f ucation.
i,n-.i n<s ,la wo talked to nr. Baeva 1 1 . T oven —
I .fU'/yon ce l co hr. Uagwull, "'Ir. ban mil, don't you
corn;, it. wool : naku thinns butter if to. bourn of
aacatioi; ana y vnuai' at would at s c - t i \o
r ra,r.‘jo v rc; -■ f ..cal ty : • - ora in e ach school
can r .rally . J O ■, C . .. C C.*. tliib t n l 1. C," th
j.n.a- ... borono's you could take
o.ii! center tn i o - o year, i .-a. • , t *o a year
<■.: m. just ioiV'. x >wn to tm ; ri u ci ;-a 1 you are
nvn Liable- nun, ;’■c a ir- to nor; a c h i : .:im. of a little
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session with the teachers and then you go in and
just sit down and talk with then.’
iou can talk about, even progress as well
as problem and how thi.no; can bo done and the
tu^o t*tc x ii(.. j j ti»a t vâ uif'. uo orcti toil because t*ie se
people don't have an opportunity to gut beyond the
principal.
'■these are things 1 nave said to Mr. Bagwell
e t.. acliors eo not nave a n opportunity
the pri noipa 1 s a:u, t;ie pri ucApila a m
tn' ■ J d '» X V e tu t lilt a x - afraiu.
A i U O f \ i \ l O H ?
y are af x a i o f t' i e I > o a r u o i x-Uu■.nation ,
X’ *' a x 3. y , X L n -T* O X X i L* • :i; •VJ> to how
they ac t« ei C* Jt X j" (l *, ii f cXUw ti.aCiW.ri arc
nvad in V- -v i v- I ■■ i 'j Kl C C - -v, OurPcy ac.iOOi. S j .> to;ii
through the black principal who is afraid hi ruse If
of the Be -re of dku tie
■ '•' i 1 1) ■> X . > -a* n a t -i x. x ~*J o x X o e e C1 1 x s ,
I talk to principal-,, I talk to' toacuur;.. I
t-Oi. .;W4iX..* 0 *—■- n i e. t v* * * • * - - u,a >. .i. a k. ■■ , e o, t * xrxous thxngs
and thcre are always t i i n - p» th-:.L i Cooi chose people
cho u 1 d be a-la tu re j is ter ,’i ei: t \le S Ur- ■arintendent
and the 1 ird of a a cion, a a.. i '•lion x e eO'':-.i to
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heariao. ai;o thinno of that sqrt. th • Û c'.vers
are afraid to choose, not t. choose-, Lit three
touchers ere a'rail to 1 t it be L̂ o.-.e they cz.
intsmritf 1 i-i tall: i no to the Hoar 1 of ILL; mio:;
about anything rogaruh a ci' vis A: it a > . Ti.cy an
afraid. they can1 1 yet anywhere but the bind
principal.
Q h i 1 rij it row , :<rr> . Mc-'ar ran, you hav .•
I be lie vo teat you have for several years b---nr»
in t.tree tee. yourself in civic affairs in Faye tte
Couijty . hr ve • <• o t not?
Q D yet: still hold an offir. with tier
orif inal j ryette County Civic r, enjue?
A 1 e: a e..:-: ,,-r of tr ir board of air. c to
ff? All. rijht, nnd have been fer aone tl:.,eV
A Y-m a L r .
one of the founders of that.
or ounia atr. cn.?
n; corroc
liiu c it in • n e ti
trove, cod i'.ai.hl - to t h e aohic • at r .• f . Ire . if e Ira,
a f Cairn o : Li* people nr. p-- nr .;eo, 1c in V.ty .• tto
Countv7
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A r » .2- 'w
Q Ala
i cl / C tx "C c * Co
Will CCS?
7x/•* li C
d A:.;
•.-* X ci (.•1 %» O * - O ■ * -L .
oca , Mr - !ttilHams?
A:.; a natter o: fact, are tuoy right. now
attempting to negotiate with you the matter of the
advisory c o.xr .1 ttoc taut , the citin auvisory
coruoi tto.a that ^ * n»> .i to have been es C- ti O . i . X in 11 O Cl \ jL 2 i C* w X.
the iiit S J X - t » t - , t O £ i_;io Court?
A
w A ad I believe you have not not . w;.ul,
what it L..c. situation witn regard to that?
A V .••1 1 , the citnatiua is that ayyrori: ateiy
eV1/o wt."u a i, .. ̂ .i. i, e v. cx .. o t r t .*» .: • uî - , .»
^ wlxc V- i , :U.. j , x (*,'11 x ̂ a t.i v s in .• - n X*. X
aii;3u him coulu some ci’.iucnj come coy . c.;.u and
s cart taic iu^ aocuc aij \ C O U i . ,ont forming
thin oi racial committee a,.a finally v;c a a a a race tiny .
tea
j . i - > * i\.' *- c x ..”, w<.i u x- ̂<e -c*. o -
• as.to iiiLvrc.'j tee ex '.u’.-.iiiS l.io: >
u x ■ O U v- y O t e a
U - O r w ’• •>ac a
fro:: X..x ’h y. .■... Ĉ i *. cor:
r> » ■.. .bar
.ac /hit'- minority
i. 21 t- uy X' -J :.s X- -. v*. C l L X X. v,: - x ii
1 ,y f C i i * i O() h i. C t * d i. ox '* 1 U CO U
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though t that if. would select Zxot, taut 15 -r.ciauor
group a sncllor co-uni cteu, which we Uccxuea that
we siioald.i •' t 1 i ai t iwt to let that overall coiaxatUe
V-. i .1. C *. V* O U JL' i ho tee beta *. i ■ i i 1 ■ - i - *. J j 1 . t • i ' ■ O Vfpxtv O
nuroor tshoulo .ictuali v be tx;e auawur or tiu air acial
co.ar-i ttco, that through taic; method ue would get
h o t t e r rep re s u a ta tioa an<i let t.»a people have the
e h o 1 c e of tel ec ti it) tine t..'. -y 1'. > vlO T C l :.. .'X '•X * A C»X\i*i|
L - - c a a a ■- • i.- . , '•«.wot O lacl po J -S. d- t this co rat it C X.. Li tell
t:\at to r.l'VOi i - • * »■tn v / 1. wouLd sj -; tali p the opportunity
irou toc „> : a t o i: CnKi fCOU r -i* i. xaCo v* nave no
s a v - a o a i > o a t ■ v t j i . b >.{ •i Chi a tec 3chocI
sya ten's.
r x i -i ilv, hue io L to ra din h o c go out a0 we
h<?u c ; ? C ti O O. then to co c ;t ^ i X 4 W *■ A — -X. U X- .X t nay o :
k.j i L O O X * .t • IOi; c 11 > i n c ;>7t; this-. COar.it \: O kX
Vv O Li x 1 i;t * ■/- C i 5.’; u a e I -i c ted were t J * * cX / C ■* aOt, but no
i, v;».,i tr o . * <w. .. utiuura 'iHi - ■- *v* . *ir » 1- -■-y • * i x.ia x-
pho boera ; siit not agree tea 1 w aex>.... a* * .■ aono x-*eat
V,; .
‘I i-.a jo.,;-, before Court, I believe it vaa
bout t.-t> boror-i we c j ;o i.or thru o-osion -
i• For tliia [;roo.iuui:.j ia taia cube?
nr pi t. 'lent .r . i . -poll re lav o ■ -- u:> teat.
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279
c*. X - li cL XL T . O x 11 » v. ci l.t'ji . l ■ O X > t O 2* i« i. V ul '> v O — X. d ̂ «!• X
COr.Hti t vv-C ClikL* til O l*Ula~ «'i V* ti.IT v i> i. * i' lci;;wii * »v .iA t<j
citi so u t-\at w k; hcui rat w i th cai iaor , * *r . a at:. ,
i* 3T x i* c# j f • a X o 1. ij 2T a c.; i* i-* x a it. o.»tax y wv;»coi ? u o la ■■.» o .«. at c x
by the nat\c oi hathan Harvey , aau chut biaca Uuii by
tiie iiar.>e o i «.< «v4î oo-v f <.4i«vA uOuii i'ici *v i. x u j; |t *• a
h usb <}. a <„»
t i> v. o v* a ay i<u to •. x. * i/ ■. i y w ̂ i x t. i a o »< a a. i c. i* o u
f a d t * > a t *. w a?.;.. s-» - t * i o a w -̂' ■•— o £-' a \ - w v- a < • t»i o o o l* o
vopr 3 s an t.. t a v o o tl ti-e corx. u*a cy , ano : a t"tuur r..ore
tau p q o p X»- l\ a ♦. n w t i; c. a a a a y a a t o v / .* v o t.-*. o y w a i i c o' u
10 X’ ’• r ' ̂is c 0 wiit 1. i* a i3 , {&a '■ -- <i i £ ox 4s} X * i. 1 i i *. » O O —_ L k. »i ̂ that
\ix xX. i k v i . .. 1 < *- .' w il C- . i W *» »V- i 4 i-i X "C i i O ̂ 2;, *Xci x j~ c x"a ap «ia 0 xo
C. L 3 * „ kX j. 1.9 < - X v.; .. 2 * t < 9 w.» 2. ■* w> j* i O -. 1 0 • w p x X1: i- i £ £ , :-•O w Oii+k
O O a .L v-s - •’ 'w i.. .w i 29 Wv<ii jj. 1 O x-t O -1 t. 11»' *.i (i 'j " ̂ ̂3 *
J. » 1 hi a 2 a ^ ‘9 ' ' u O <*• 4* »> «■* LI , ' j ^ — • U. 5—■ vi L.O * * •*- •
Li-W;:II taut - îu U5.C/. to L... ori.jii..\i i9v;.i t.u,t
t,».a x . ui..x j a c hii CO** cel j jr.v* x... c Liix
£...1 ocl til,-if rtprcje; c<. cx v a.: >. a • - iitatau «uiore ,
4̂a 3 - .•. -j • _ «i» i ̂.«lvx t»ia ... Ui:<9 • voi» '<-* O' i. i«u .vt-io ĵ
tilt, t lat tav. j* s.aUi.. 0 X441 t*»— . . .j v. x i* r-».» t.;io
C "j U* X w . t » w i . a *i i— : a \«* *
j;'; 41 X *i t ii-C" r. 1 ii a • i t X x.. w Oiw X . L. C < . i. .» • - O w OuC t o
t tu pa i a! c x 2* a 1 a f .0 . 3 X u w..u>‘., w*• a t ^• -•— a o a x *-*. o 1
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2 0 D
EducaCion rejected the lot te rh cl i. L t * l. '.r . taqwe 11 had
sent then out and said *-A U , i* C , .v '; ;Oil C- ' J VP ti Ju VW 4 i ’"J
wi. th t» i i X. O me ŵ iCc*. oO I understand t;a. principals
wovo f "iou can ’ L have Lam ir'.eo tiny tout.
Li,-- lectern have Ja:u that you t . n aa/n to eiett a
'r-<;i::b€r to servo with this group. You will have to
forgot it."
Q All right,
i■. i.’noi; dr. /oil rcidiou to us taut tnu
nc-.irt aid nu-c agree witJi tnc* iuco o 1 u... yooi-eo
eicctitg tnoir re-preac-u tail vos , to-, pi. ini ci lie tool
hue position, li, //oil. wc* arc- ronuy to go Pack to
Court anyway, 3 0 n,!;’!; : ■ '..3■ i la d ;.iil toi.' .v i Vvi l 1 ii dV
t g e t , c i c are d up in Court •
V; S o y o t: all . iiav_ ci grj.'iji/ '/herein you
want the iaer;oare of the birnciwil can::,!11 -j e t G xJ O
elected by the people and you v/nue Luo * v O, .’ic. to
serve on it?
A Yea./ I do r .e or ;gr pwttiuy a. X u c Gii" iu i u
1work frou the ii up c rintendent sa/iut; t. at the ..car ;
of Education would line to know what n.t:.an , I neliov*.
it seated , that v ’ arc inter*. u cou in u-.x 'iny on
the curimittco,
Well, again, wo do not feel f,.at v-. have a
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2U1
riiiht to select the people that will -- I know it
v;as stated by Counsel when v?o were requested
specifically that plain
how it would be forced,
want tm* people to have
t'leir peop1o , and this
with the Board about.
tiffs have a voice in saying
but all at the sane tine we
an opportunity to select
in whet wc it ad the problem
i: o • r
letter but
all sur.nar
got t. i: • 1 1 r u
Q Ai 1
of your e:;;>
ci it U. O t - i li l [ ■
testimony v
Lo have any
A /!:. .
at this tiiae we hove not answered that
i!>~ <n:o intern teed in voriiug on it, but
lung up to this point wo did IiO t e v u n
en COOPc ration ' r a m the board of Eduea ti.cn
right. Mrs . f icFi-: rren . state , ia link t.
e rrenee ..•.at you .have jUSt scribed
b o / t* I i r, t> 1 e x ie r i e n c u th a t y o a t:a vo your
x.L'i regard to t .to inability of any teacher
avenue o.r access to the board of Education.
CrIlia* s, I really can't describe it as
it actually is . Teacher-;, black teachers r
I know mor<.* aoou t then than I do many cthe
. tnot free people . T : •• s. people -- well, 1
to nuke this stater .-at : I have often told
that if tv:aching in tfoing. to place you in
to the ercect you can’t :>e true, you ca: * t
a c i t i u c n . v o u a n n ' t
I believe
r s -- are
would I iky
r-y friends
slavery
stand as
have' the right that a citizen
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2 O •:
should have , I an glad that I cion' t teacii, uecauio
to teach in Fayatto Ccanty, that in one senna xt is
against vo li . a n a a cle; i t ini X id, it ^; i o u 1 u u o txn.it wu y ,
and I know these people are not free ana tnosa
people cannot comuniuate with tne board of education
or with the superintend&nt, V:my cannot do tius.
-iIC« 11Xixx#-• S i 1 nc.t lix tlx « i y o u .
You nay cross-examine.
•iV..; COUIVx : All right, Mr. Sr.ifca,
.'Ml, SMITHt Xu Your honor going to take
an afternoon recast?
V «. > i
.u
/*» • \ ~ •: n • a X • •’ '-J A i Yes I go .* f% s v» e w j. 11. b ci
other - - i t i s p a sC ti „a -- let’s
’ v : ry r;h o it t recess , jp Xease, because
W *. J, O «-i 3 U ii ''.t i -X.s » - i '•> , » 1 j iC J *0 ■* ~ ,
ip f^ou n yu o i cj jr w x c) i *•. »a ■. ̂ x « n i i iisn.*# *
hh. KlLhlAMSr do, sir. I overlooked
tile. t pv t « » d 1 n c n t . I o v c r 1 o o i; e d ashing
’ *T < u l a » ei / I l *1 \j S) * V <i. > •' -) Vi C paddling. 1 would like
t o o. 5>K 1 *2 sh V O C X t ' i o Co U V. C t o ci • > ■» * l iU X* .1 b O VI t
U >.. * t ♦ I t ' . / i l l j *u - t Le iivri it ..utidi, Your
Honor .
ur i.ono in; it nave
<_ 1? k,: i v ci v, ll ♦ I -t.
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2 d 3
THE COURT* Do you have questions of
Mrs , i-'.cFarron?
HU. S, ilTii • 1 don't know whether I do
or not, Your Honor.
Vcd c o u r t ; All right, Mrs. McPcrren,
you keep your sent until lie finds out whether
he doe;; or nu .
\lpi will take Vive or tan nine too, Mr.
ivil lias is .
̂f ,.U t }
THE COURT t Do you have any questions
o f Hr«. IIc 1 'erron?
f- , ifwiTh - ho, Your honor.
TI - E C O U :■ l T : }! r. C r e nsh aw ?
CM, C Hi ..ohhv« s i«o q aoa tiona .
T i C O U K T ; Ail rxqnt, you nay step
down , ru . HoF.-rts :».
(Wit n ess i_.c u s e u)
f 1 ■i » iJ . .Ji lil-h'iSJ • I wuulu lino to recall
Mrs. Johnson for tii it one question.
h. Cih’u! Mrs . Johm.cn. will you cone
around, please.
Johnson, you «a under .r.and when
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you
Wo t
are recalled, you are under the saae oath?
io not 'jive you another oath.
fli V I ‘jLii!, L> i> ; V a -> , a i. v .
ThC COURT: All riyht, have a seat.
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2 i i 5
MRS. MILLIE S. JO.iKSON
Tha said witness, hovino previously been
sworn, reruned tho witness stern, and t --stifled as
follows , to-wit ;
FURTHER DIRECT EXAMINATION
BY MR. WILLIAMS :
0 Mrs. Johnson, are you faniliar with the
practices in tho Fayette County School System from
the standpoint of paddling?
A Y e s t I an .
Q Is paddling of students a cossroa thing or
an uncsiti;.'-n thing in. the Fa otto County School System?
A d .11, I guess it o raid ! c calico a con;.! on
thing, -a sterility there arc no objections,
ME. SMITH: I am sorry. I did not
catch that.
V Assuring there were no objections- is that
c o i tac t ?
A ■ That’s rlc/nt.
Q line that been true over th yearn?
r\ v/\ A f ,, *v. • i iy I r o lote a: i ;cidc t, that this
h-n p p o n e d -dori:ogr Mr. ilar■ t i n ' . a d .ini -:tr,; oion, X
noticed t . t • vo 3.1 , 1 ■ th i r.•; 3 ■ v. • s eoc- -'ccan ioa
about the yaddl ins of t he td ilrl-en. nrd I noticed
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■i nu
1 f i g u r e s 111. b o y ; \:i vh M i ; ' : p> n ts
t h i t ae p l a s t e r e d on the ;> i<l« o f h i s door j w L as
wo. e n t e r e d the c f f j . e e a Iona o a u o ic r-oi;
Zl C :* -1 <i C V O S n - i\ i
o n anu ret* s w e a w r s . or som ething l i l : o t a « ; t , aro.vn
oo t h i s b o a ro aau t y wore bunt over., and no I
g a t h e r e d i r o n t h a t he wan g i v i n g t.n p r r r i s s i o n to
p a d d le .
O Xu in c o m o n o r unoov.; ;on in t ;t Fa y e t t e
County S c h o o l Cyn t e : • f a r c .nil dr or to he p a ddle ■
f o r i i o t g e i :; > - «.: u. i r 1 e n n oJ i ?
A W a l l , t ;nra have r e v ; he on nr* yuan: iorie
t o r.y .. i>o ̂ ; w u ■: .i.. .
e it'.’; : t X .. \ a i.hii.j ’/o n i ;; r ;> t a t . . ; - t i*.r ox
not toacner
Oh
■ a.*. a i ;• . > tv
g f o r i:.)t j u t t i n g t : c i r iauso . i in F r / o t t e
Co an t y ?
T Oh. yon, tV-i have ale ay a pan .h.-d ih>r not
g o 1.t i n g 1 u r ■ o n e .
g h o . l e you i t in 1 0 0 0 . 1 e • vaoe: .-.jo
f o r an nany a :> e i g h t or n in e ;■ tu. o r.t •; * be ran J i t
t h e saa-.e d a / by xoac. ' .ers in thv F y e t c o u n t y
S c h o o l F y n u o .?
i\ W a l l , o v e r h , I gu. ; I \;c>ul hi ' t r- 1 l y
2 S 6
now
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2 b 7
that because I wouldn't knou, you know, what all the
teachers dc, but 1 do know in s o m of the schools
that I have boon touching in by it being a large
number of students and teachers, I guess when ve
get through cur all around paddling, wo didn’t
paddle over eight or ten during the day.
IIP.. GitlTu : I am sorry. I ciian ’ t
understand the answer to that. Would you --
h'k 1, bit..ht S r !> ay X repeat?
Q ¥ <■ s ,
A I said in a large school, around to the last
school that I worked in. the teachers pad lied and
X c. probably wouldn't be rtort then eight or t«. n per
any with the number oi to< i C- i»i r s using the :. old Ie r
but 11; c r * ■ vo.. r *■ *. u v... r a a g CO:.plaiutr,, ̂ jr .*.-* V* J. t . 1 il 3 0r*>*■«H
C: rilir3 * uOi'.*3 3 0ii . U.' to tine y o u vi ,ro
.asc*i..r'i- m u yo... juu ..no root o.. c.io non.̂ *og*..Mi
tCiuehem \. i o n id taug.it a uong t i ■ c an la' ... t..
Couiitv beu icvc. you orv' to.»uir. o.. no..'cio* t_ .u.ioj. ’
A bvil, had el aye bo 1 loved that \;e wore
tenure because that .. one r. . t h • t..unyo r. bar tin
u tress _ a t(
three y.. a m
o after \,'o n ta uy at J O : a a y ye a r s
tl • iLl til -i 1 - ni.r c a t; l o u r .h y e at bU
tv*. UU V C L o ,;i c! ii! Î*3 anhi he led u. to
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2 89
believe that.
S.- T>• ‘ it « KILLIAKS♦ I be lieve t1.1 <1 c.
i.« r> c r n -« j. U wvo no t;uor>
rv ?,• A COURT - Al 1 r i <jht, Mr. Sr;
R E CROSS ■ E X A:! 11 i A? 101T
BY MR. SMI'Mi •
Q Yo■/. say v?ho cl. a a .ad you as tenure toache V* i-; ̂/
please, na ' an?
A Mr . Martin.
Q ' * . 'latrta n r
A T: -at's rig :it-
j \ r v t.-v long ago did ■r. i-iarcin retire?
A I believe ..a r in.pycd in out * C7, or scr.'.c th i
1 - 1 • i i— il ■ 1.11 .. . I ,.v.. net cy-M. to rare, i. ̂ „ (. ‘ 1 X*0 rs
served afte.r h«- left an- the n Mr. Bagvc11.
0 An u d 1 d ch i s \v onus r a u1 looo of tile yadulc
and the bo * ;> IX a m . i :J ever on it r.urvive Mr. Mar+* * y» v.ril
or is it t— .1. I — -ill 11 • -«»-19 a;' outiiivO tiie office?
A I ;lon ’ r. gUisa i- is but I rn"~'ui’t'r it being
on there
MM. S M I T H ; Ye 5, i.m ‘ an.
Tub CO J AT : A11 r.l <; at.
do mi. T na ah y ■ a .
( ; i tn ' - ' Lhicus a)
ill t i t A. - J '. * 0* . 1—
You : -’.v Step
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"Jin COURT: Any no re proof, Hr- Williams?
MP. WILLI.AHS: Hay iz please the Court,
this will be tne ln.it one. There is one
question I overlooked of Hr. Shaw, and I
would like to call air; uack.
i *. t COU AT ■ A. a 1 ric.it-
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LndOY shaw ,
The aaia viiUocs , Itaviny previously Leon
*3 vv O IT i a c r c *; a. --ou tl, i K2 - i c n e o n s t*Uiu a 11... L o *o w X livid <1 2J
f o l l o v s , t;.. -./it '
F U [>rvJ: ;:r D T R t C T r yy ’d i d ■NT I O h
r«v Vl X jj . is
Q :sr . a h a <11 u t h e ti' e l i t t l e M i U . ■> xj (v) IT X l i O
>U.'a.;̂ 3 ,, t h e youri a 1 v-n.ly t h a t v:a.-> h a r e , Iii. L o r i c e
A d s nr, a n i n y e a r C I .•*. : - o , iio’v r.«any stucie n t a d i e j o vl
h a v e ?
-::- ?; b o i . o V c.*: i ,/a;> a r o u n d 3 4 o r 3 o a r t *i e o lid
c l t 1-- S c h o o l ; 1 ; *:t X* •
0 u-A u y o u a a V - o n e y r a n c o r t w o O'r a u e ?
? a »O < •' 17 'ui; : >-
a I n y o u r I ■» X" * / u. y ... a r o t t e a c : ixri <j , d o w xTiCiiy
■ L e d o n t 5 d a y o U i iviV *■)
j\ I '. -a l i .V t I -t a r t. • ■ cl o u c v/ i t 1 i 3 d -
Q tin; X u i> L / e a r h o w raany?
r. I L ■ i u ■ d 1t c>n e a r .. v; o L 2 -j .
O D o y o u L - 1 v:iJU e a n t t n c r o d u c t i *. > n i n y o u r
'll vi i\ C:ii i*v, I o n a u < i -Cl cl i \ y ea x . t o a n a i t.» «.i \ ■ t - C vv t O
w iicii y e n t a n ‘.a X 4- * --i.i ^ 4• ’ » • ■, * -f" r < i ir... t ye ct IT
y o u cl x u ; t : w t o U 1 ? a xx b 1. X ci Xi ->o_‘ ̂ ivl i. x ny i iu i trie
0 1*ci il‘- * *- 1X 77 vi j / J.< ■* v- X- ' -1- ‘2 *•>
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A Yea, and I would like to make this ij t t.i u<J IuO i l t t
the first year I die have a prowl ora iii my Cicloj .
The first year X nud two y X" a e e e . 1 WfUiu have to
tuacn one grade over tmxa , tilts A J. would. uuvt:
t-i.x;d of tli.scipi.ir»c pro^icn vi tu Luo otiicz <•-,o Hai.x
I would have to turn around aid a top tuai grade,
and last y,:ar it was just one grade and 1 did a
wonderful job, I thought, aim I didn't have to uso
the paddle much.
id',. Vi ILL IAIIS : All right, that in all.
iii- COuiix ! All e igu t, any cross-*
ei.nnination?
lil\. C-tf JlitliAK: Li o, Your honor.
h I v . D.lli: U Q , iiii’ ,
T.it COUkY • All right, you may stop
ca c) ** * x f < ■ «u. » v. • i v aV’ *
[ * - Oil O h* «v i> O w4 ti }
71aIi COU117" Do you have any rebuttal
p 2TC,VOf 7 :. \X* . C Oho I"i Clv/ ?
’ ■ K, ClUwiOhiU.': Ye;; , ;ir, Your iiOf*or .
I woulu like to recall dr. iiageoil which is
rclatL vf.-' Lo L.itj G iu w ca i> c ,
Yuli COU!;T; All right.
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292
HR. Cnlliliudv • :»r » iia<twell.
iiOij.il w . ij.*iOW...ijI*
Tni! said witness, having previously Icon
sworn, resumed the witness stana ana testified as
follows, to-wit:
Tiid COURT : You don't need to be sworn
again, Mr. iiiacj-./eli. You are under the suite
oatii boCdUJw you have con txfiod praviously.
HR. SMI TU ♦ Do I understand you arc-
cutiin^ liXi.i in tne ntiiiv/ cus.?
MR. Ci;bhG:IAW; I a... culling uira in ten
HcFertcii cast.- on a ant ter that is relevant
to Mr . Sitae .
Mil COURT; sail, --
rur•?si.-', c r oo5 ■:;ca.-:x? m oio«
11 > 4« e. t- -. t i
Q Hr. Dayweii. you heard :rn. Jouuoon testify
a few minutes ago about ;h«: puituliuj {taring Mr.
Martin ’ a t. nur e in . r:*v ■ *. f ico , dill you slot?
<c \ Y a s , a i r .
Q You still n . i v i that ya.Idle , c i o n 1 t y o u ?
A v . - . . * . -* - i f i a 11 v a s u t.;it re hen I anno. X
also haV ei s.'» O !J < 1 v > X o r wool one; fro. •j U 1 i v v , u t
I do not advocate ry Is; achert: <j ing tc 1-oliv.ir or
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anything of that nature.
HR. .0 Ri.;. a Ah • Til a t if! all .
■ k. C -LIT:! t I '..'ill just keen hin on
as n r«. bu 11a 1 vi tno a s .
TnL C () 0AT; A11 right.
?■ •*: ; rr»v-‘ s X
LY M
iiKP. r>J.
!>. S ’ f I
rp ̂ . *■ T 7 7k rnlot;
Q Th■ ? r - re e.: s t o Le ;■ oir.e eon f as i o n ,i. n t■err record
a bo at when ".r . tan j or; 1'ai:on i-'.s.ao 1i c eof1plai nt to
you <X A >. vi •. ; tT. Caj:o thorn wi ti; re a; ■ o c t to hr . r ..w „
i 4 Oii j.. o y o i' I. o > * v .r toll u t a aoa t th,11 p
Jv n . -:1 t- V* 11 ;j .X \ t r ;■ r i r: c~ o .: 11 6 9 . IP he eract
cate I ecu-a Ci * a o i» {, J. '/ O ou .
Q w .J3 thi^ iii t'xjr iiis contract h--.a no t h 'i t.i \
rone .. U - vi ̂
A I «. v ei i> f>ori v: t*. t u-.o o t- tor-- r c a o o 1 v.»a s cut *
c Al 1 right, ;.ir. v. tie rako any C O ! 'p la i n t a
O f -lr.y n vi c..ico prior to the Iioaru * r. tailuro to re n e v/
Mr , 15 i i Jt V>? »> eontruet?
A i 4 O C to ilnOKledtiO .
T You tit! a * t. know?
# \ lev.’ r a i r .
... - J. Jm i i U. -i- .1- J. 1 1J J ) L j ' J -J. i .
. til. .i * X o'..-j act to his trying
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to rop iraw.: hi;; question for his clients.
11.',. SMITH T thirst question did I try to
rephrase?
!!•'•. WILLI \AC ■ His answer was not to my
kuovludqe ,
it . SMITH- Wimt question did I rephrase?
Si!. WILLIAMS; He r pur.Mad it. "You
don't !;now, '' Your Honor plana .
WJJ C0 *J P,I’ - A11 r i ‘jat, I ui 11 tak ■? :: r .
a - id I will have to worry about
wiiotuor t ! i . -re is any question.
11Y MR, SMITH •
Q a : I ri ; 4c . I .11 u s , i f y u will, please,
a; ..out the accopted y r. c ti c - ? A - 1 diinq in the Fayette
County a-., ool s, pi this1 , a i *: 2
A I- t .o y.;n;t, I ,-al.U vo th :t t;;v tcachers
Uidv rsally :ora cr loss tood C M 1 -• Of their own.
rut I Hn.v ina true tod all toa c . e r o th. : t they must
trie principal ..
• • i •ILL.7 “Id- r - <-:-i o t to tit.’ t boiny
i :• -cl ; v n n t t" any i .-•m m in t hr Ahaw case.
Y o r .. • ■ • q l ■ a . .
' ’ :' . id l 'd . • I ? t h v C irl: , /J.>• us .- .
pv a c t i o n U p e v e r y vody H H - >ut or. has
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2115
ten ti fit* d an to what the practices are in
Fayette County .
I think Mr. Bagwell has been superintends
ana supervisor before th;>t and t'eacher before
th •t many nany years can t e s t i f y to that.
! I h a 5? o n ly be a n s n p o r i a t o n d eat one year.
THi: COURT: I don't see where it would
have a n y relevance in the Shaw case other
than it night inpeach soiae of tne testimony.
X will, let him a newer.
h jvt the present tine either the principal has
to do the paddling or the teacher c. -us it in front
of the pr .1. nC i ; : .1 1 .
n 1o r. ; 5 a t C. iftent fro* i y o u r e y. r e r : a nee has it
been acc.e te d practic for c teacher to paddle an
enfcirc cl as s ?
A 1 1 has no t been acceptable.
q Ail ric.it. sir. how, hr. Bagwell, you heard
rTr*.-j McFe-ren test! fy a- v'etofor’- t lat teachers in
Fayette C -unty were wi?l iVcd by f.-ightened black
principals.
»Joulci "on rrivo un your response to that,
please, sir?
t p.on ’ t know why th.-y ?: iculu be afraid of
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296
any principal , for that natter, or anywhere, because
as I have often told ail teachers in the systcr, ray
cioo r i s o p e n . In f a c
u s e o f i t . I have no
f e e t I have n e v e r re
~-Y c>f f i c e or o v t s 1r!o
m e a t h o r n .
X C X t XI \l t he
■j 1 a cl. o r vv hi be . I t d
r.o ,
the p-.-vt .nit h \ >-« r-
7- /, he vo ha. :-T ̂ ,
C - ,** n O sir t‘ r. •" '•* "tI: t "v:i
o 0 v/' *; no r *..: ■
% I f do . v . ' t
b u i liens . S o o e t i ' ’
S O • .pt ' imp .Anyth.i • i ■;
I
*
as rca-'Iy t o t a .1k a
• r r? C • • « ■' -1T
P - ; ('
BY
" O i c • . y r vi id
-IP. \1 1 L bi I A.' 3 -
j.
p r>.. *1' V'# • Vx* • r. n
A h o , She uo O'n
o a i s C sac ft a s c a 11 o c
i •?
c i: i:u ~rno.ee?
a :*v o 11 i .Tonco vast kind of
Ail right, t.h :• you ,
• n doesn't teach school, dona she?
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0 What do you mean when you nay it isn't
accepted practice to whip a whole classroon?
A Tii.it it has never been an acceptable practice
to go out and punish wholesale clauses.
Q Well, Mr. Bagwell, uoesn * t the subject of
puaisnment have to be approncheu iron the standpoint
of the incidents involved?
A Certainly.
Q suppose savory one in a class had been guilty
of an infraction of school rules wnich merited a
paddling? Then there would ho nothing wrong with
padc 1 in.(j j v c ry o n a i n. tha t c 1 .ss, v;ouiu tae rr. ?
A Vue i>;u.su thing I thou j.it about John having
to write this notation, it doesn't do ny good.
That is not a constructive v/ay of correcting the
tiling. If you add adcIitior.nl work that would
coordinate that child is r ue. better t. an a paddling.
0 You, sir, but that in a ratter of educational
judgment, Is it not?
A Yon, sir, i t io.
0 bunt vou arc saving is you don't believe ouch
in padding at a 11* ii> tnnt correct?
A 1 thin k it is t a e. 1 'i s c roan r t,
Q Yes .
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A t.mu. r.o n t a or orr.e tL <11
typo of wurk t--'- pet a or!:; c o n a true t. i vo work uout; i s
nuah Lotto r fc'n a :\ a puddiir.c.
Q Llvcii if pad '•lira;, hay panne to :>.i a r. a coo p te J
cuuo a ti Oil a1 practio , t.: r. tuo cj u*; S tion c>£ whetl.or
one child ’< >’ •’i «i j vl C, Ci c;d cr a *,m o 1o clan a w Cx ‘J j' ti cl X C cl
would depv nd upon t tu f nctua i nci• loato involved,
wouldn't 5. u , ' ’ i; , i . x:a;eli?
A A .ytuxn , :>-.nnij upon the inci <in at.
Q So . 11. v- ul-.In't A a c. non to tay to ncnoriliac
<1 H u li * i V v.t . a -tern1 practio* it "on.1a not ’.*<?
a o o o p t - 1 diy *-•' '.It* XA a x dolt cl i a rocr O
A I said us a ecucai aula j. t ::houxu be
done , i
Q A - ■ a >; a rn1 ra . but thorn : . ,.L .. i tl elJ. . > U <1
situition ■ :h -■ ru i t • itj'i •, be?
A la V\'J t a;C.3i tip caro :r I have not had an
O O il -> ̂i i .• F\ ■■ X ~ ’ •> - i> .
if uld you a ■•’ It CO'Ui'J ti: Vs C r* rice ?
-t r X .-onId,. ' t l . i i O ' .
r> ,‘j c you an.' t k. ohvtliir i t v.’oulu be an
aCC-.pt factor o. . ; . -J *»
A 1 1 .. (j u 1 - * - L L,‘ >-• V . . t t i .
Q It ' . ' O i l .1 - i f t l.ia - . t 'i you at an x na i vi-.lua 1
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2 y 3
educator- is that rieht?
Y e a .
0 Y - j u don ' t noaji to say by thet, t.iat no
teacher n i c; h t say i t -->• ouldn * t uo an accfcptable
practice ?
A I don't Know what other poop le wight say.
C: You Ion 11 say tnere would, be no situation
you don : t tain.1: that?
A It SOUl'd in; very , very unusual, yes, sir.
Q do it could happen, couldn’t it?
A Aiao ' t any felling could happen «
Q May Ik taut could?
A I a.! 1; t r. cyinc.
n
K So it o o n1 U a a p ̂ en?
IV I z scon:) like we navo been criticized for
tab i ag ill. Ou a >. ioath out or .rs. Joanson’s pay when
wo should t. ->J.a only ten.
I want to s.»y .,<> don * t do taut. Sac pays
$120.00. Too insurance is talou out in ten equal
payments. If Lz wo;,... iuKen out xn twelve pay -ait£
i t woulu v/o a*uj us vi.
So I want to say wo are not exactly crooks
iiiC C>’.;:u' • All ri<pt, taau): you.
out there
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30 0
Do you have nay more rebuttal proof, Mr.
Smith?
MR. SMITH' Do, sir.
(Witness ilxcuseu)
HR. VtXLLXAMS; Hay it please the Court,
X have sone roro proof. I have been trying
to get it in for about three days.
THD COURT: 1 was just about to say
we Will get you first and where do we go
from here.
X an sure Mr. williams has reference
to the inter-, oy a tones and vu are- going to
do that in just a mono at. Vie do have the
problem, as Hr. Crenshaw has indicated,
ha is not available tomorrow, and I assume
that is still the case, Hr. Crenshaw?
MR. CRnhSUAW: Yes, it is, "our honor.
THU COURT: I do want to nave the
benefit of a summation of your proof in the
light of his remarks. I don’t know how much
time you gentlemen reed for taat. It is now
4'0 0 .
When we adjourn today we ought to come
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b a c h a id b .• i L u S »* O C: i a -> 1 ■ n u i b ?_ c- . bn: *
W i l l ! a a j t i ■; i a l i e i t a c he iiar. t o b e in th e
Su; rei'i- -i o o v r t .on .ay an da c a n d i d a t e on Tuesday,
I i'j Ci C . 1“ « i >! i U l on h i o f a a t ,
•= f? ITU: Did y O' u r. ay aryuiaont , Y ou r
H onor jy luuua?
l JU„* • L . — ) J t N- V-J ,
the* Cc.irt do;; ono on n
S :: cliifj a V il'-i , I ’ ■■ ■ • 11 - *' • ■-
IT - A O Cl ell cl e O j ; C v i v ■ > - 1 ' ■
a, ' Xii? i aimer t i - 1 a ■■
' - ' c i ■:£
:.c aot !.•. he-
I in- . 1 f til•: Ccur t
c .. -j : f i* • *■» n * *v w •
2 tin; r- : 1lay o
L n ue of o ' j ’
o u r d h a s h e r o t
n r h n w o r r net
L* :; w the or oaf
. U *5 -c a r ”t j' •i» 4- ‘ 4 ;
Xu vx. • •' ci: ca- o , .»
. I ill vaiv c :• ’ :ir;nu .u\t if that
vi.. 1 1 ac; j. 1 i ca to a t tor ■ • ,
rX : • h (. '■ 'u !■ V * • * *
r • r; • I t h i u b t ’ - : C o u r t has h e a r d
l r o o f b h o a r d - y:
•,i ’i l A >,. ■ <A 'he*t about, t h e
O t l -a r C >:-v ; • <
Wall, if Counsel ’ ants, if
a n t t o a * > *.• i t t h e n y e r h a y s
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302
T should not vniw argut:.ut there*.
Tin: COtJnT - M l rig h t.
MR. WILLIAM ft : If Yor.r Honor please, I
hoi love we con on cor', pass it v/ithin the hour
that in left if Your Honor is 'rilling to
stay until 5:00,
TilT, COUhT * All right, I nn billing to
s t a y .
MR, WILLIAMS * Y'U arc not in accord
ritU that?
MR, SMITH • Ko do have tills problem
with the mitigation proof. I thin, we ara
all close on this. We art? ge tting in more
mitigation all the tine. I don’t anticipate
we ‘nill have any problem on tic stipulation.
THR CO UR'*: "r. Cre:;:;ha” . ’ill you have
a p r o • i l c n a i >n u t t r . u r i c 3r t c i t i o n ?
’■ ?n. CRr-nhih 1 A’/ - T '.vou 1 d 1 ike to get to
th o airpo rt •by 5-30.
Tin: cmc ?'T * •Of V- Cre rtshav,*, I Know you
arc. having a pro) i la- In ther any ottier
a r raiicuamt you (• a n nah c ?
Y.g . CRIkiUhA1'' ■ I will stay.
THU COURT* '/ill you iiim. tne entire
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303
f u n a r a 1 a r r a n go •><» n fc ?
MH. CTUI;«5*li-\W? Ho, Your Honor.
THK COUP'T; I can • t guarnat'je v/a could
got you there by 5:30. I cculii like tc
defer tho da; wig *s aid wo will either set it
for a separate hoari iig and let the attorneys
stipulate, or if Hr. Williana wants to be
hea rd on tio nitgation .
Motions on this *0 not address thenselves
to that and. possibly wo nocJ more tine. but
wo . 1X let :-'r. Willin' introduce or state
w': a t in to•»*» V*•.ystories ho •/ants in the record
o r v-; ut -’i t 1 i. court in r-iiy on and ve will
tut a t: t y uy right ;;,)V mi then we •■•■ill nee
i ;; v > e a i u ;ve the argil: on c in the cane.
M iLi.Vig- a our Uonor please, I
v/ o u X ‘.J- 1 1 a to introuuoo a r. the iwr.t exhibit
b ee .mue X t.y: nh it ought to ha in the record
• •• actU ill*» > tX c ha a been v.y intention to
t>’..i ti :.n tna to put in th - ;• orsonnu! r mores
0 7 ;-;C
by bhe
h nxt r u but 7 v t ; ni.sled
they had itt)OVOmount third ng
j; >•• • to put in but I aimed today th .y did
not.
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liii. CHLiidiiAU: Lxecse mu, Hr. Hi 1 liana .
I did not --
ilR. WILLIAMS: I said it was; r.;y inteiition
to put iii <.i*r-- parnonnoi i^onoiu; oL LuCJo
teachers showing their teaching assignments
that they had. all had, out I was mis lea,
not intentionally. I was misled by the
government thinning they were going to put
it in anti they had determined they did not
actually intend to or did not have them
rcady.
I 0.0 want to offer the teaching
certifiC < \ L oa. I furnis heel ;Ir. Saith a copy
or thuso * X V-' O U i Cl XX J* c to introduce those
a.; the ae:ct O K h i *JX fc. •
HR. .Ml'in- Those are oho original
toacr.ing ccrtifiontes jt il got out of Lae
f: i io ?
M M. wILolAnb: I ii ave moved then to the
1 a t c ; you wouldn't ki. G Vv what I wanted to
nut in, dome of then are paotocopies of the
o::igi uni car ti f ica te a *3 ; i. iX so:uj of then are
o t of your file.
MM. S.Hl'ln: All rigat.
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THE COURT: What is the next number?
THE CLERK: Sixty-one.
THE COURT: That is of the 12 plaintiffs
in the KcFerran case?
MR. WILLIAMS: Yes, sir.
THE COURT: Did you include Mrs. Rivers
in that?
MR. WILLIAMS: No, sir, I did not
include Mrs. Rivers but I have Mrs. Rivers’,
but I would like leave to put it in, if
Your Honor please. I can get it out of my
file readily.
HR. SMITH;* I would object to Mrs. Rivers
for the reason, heretofore stated.
THE COURT: Overrule the objection.
{Thereupon, the said teaching certif
were narked Exhibit Ho. Cl.)
HR. WILLIAMS: With regard to the
interrogatories, I think Your Honor has
already admitted ali of the original Shaw
icates
the answers to all of the Shaw interrogatories r
nnd in addition, Your honor, has admitted
all of the interrogatories in the McForren
care, the answers to the interrogatories in
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the McPerren case from 12 through 16. I am
virtually sure of that. I should like to
request that the answers to Interrogatories
Hos. 17/ 13, 19, 20, 21 bo introduced and
considered in evidence in this case.
How, if Your honor please, No. 17 is
the percentage and number of black teachers
and supporting personnel dismissed and
reassigned, etc., during the applicable
school years.
No. 13 is the percentage and number of
white teachers and supporting personnel
dismissed, reassigned, etc., during the
applicable years.
No. 19 is the amount of pay which would
have been received by the plaintiffs had
they not been discharged by the defendants,
and incidentally that is found in this folder,
if Your Honor please, and they have listed,
if Your Honor wants Me to give you those
now, I can give t ber to you. These
interrogatories tha t I an talking about new,
tiio answers are found in exhibit No. 42.
TilL COUPTr All right. I don't think
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you need to road then.
HU. WILLIAMS? All right, sir,
MR. SMITH; I don't understand the
whole thing on that if any will be left out.
THE COURT r I just want to see if v;e
can finish this other one.
If you gentlemen want to make corrections
on your stipulations, you night he able to
subnit it, but I an not sure you can.
HR. WILLIAMS; The answer to No. 20
states the qualifications of the plaintiffs
as they appear on the records of the
defendants.
And the answer to No. 21 is interesting,
if Your Honor please, because Ho. 21 is,
"State what if any notice, hearing and
opportunity for heax*ing was furnished to the
specified intervening plaintiff teachers in
this case and to the plaintiff, Leroy Shaw,
Jr., in Case Ho. C-(>9-221 in this Court
before or after their respective dismissals."
And the answer to that is, "No notice or
hearing was given, but each plaintiff had
tho opportunity to request a hearing in each
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case," if Your Honor ploaae.
Of course, that has to be considered
in the light of oral proof which was given
by the defendants.
THE COURT: Yes. All right, the Court —
is that all, Hr. Williams?
MR. WILLIAMS; Yus, sir. I believe
that means that all of the answers to all
interrogatories are introduced except the
answers to the McFerren interrogatories,
Hos. 22 to 24, inclusive, which pertain
specifically to the private school situations.
THE COURT; All right.
MR. SMITH; Are you through?
MR. WILLIAMS; Yes, sir.
•MR. SMITH; Might I at this stage ash
two things?
First, I ash that the Court judicially
notice that Mr. Raaso.* Person and the Misses
Adams, who testified here today, Lorine and
Lois, and Mr. Person, were black, if the
Court please.
Also at this stage I would like to move
the Court to amend our response to Mr. Williams
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motion to conform to the proof specifically
to assert the equitable defense of laches.
I don't believe that it was specifically
by me assorted in the response and I would
like at this time to move the Court for an
order purnittintr me to amend to assert the
defense of laches.
TIIE COURT: As to what?
MR. SMITH; As to all of the 13, of
the 12 HoFerren plaintiffs into this case
and an to Mr. Shaw in the Shaw case.
MR. WILLIAMS: I would object to that,
if Your Honor please, because there ha3 been
no proof here that could under any circumstance
lead to any defense of laches. There
would be no occasion to amend the pleadings
to conform to the proof.
THIS COURT: Well, I as mime Mr. Smith
has reference to some alleged failure of
the — to something before they filed suit.
MR. SMITH: Hell, if the Court please,
the technical record in this case asserts
that on June 3th they swore out the complaint
making nil the charges that they make in this
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case againat the School Board. The proof
by the plaintiffs that at that time — taut
Gxtur tiiat txrui \/e nad spacc3 uVdilablo and
wore in fact advertising for teachers, that
certain of t.ioao ladies and gentlemen nade
no attempt whatever to make contact with us.
Thu proof also shows that none of tnose
ladies and gentlemen, after naviag filed
the sworn complaint and having consulted
with their lawyer who is now saying we
violated due process by not advising the
specific plaintiffs of the cnarges and
affording there a hearing, that none cf these
ladies and gentlemen demanded the hearing
which Counsel now asserts that the law
requires that we afford there and that we
did not have notice of the claim in this
case on the part of these specific ladies
auu gentlemen in the HoFerreu case until
the 3i3t of August at which time we naa
changed our position and hat, r.o positions
available.
HR. CRbllSHAW: lour honor please, I don’t
believe it is true there was no notice given
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until the 31st of August. The pleadings in
this ease are dated in July and ---
/ '
MR. SMITii: The pleadings in July say
that wo had discriminatorily discharged
teachers. None of the specific allegations
were brought to our attention, if the Court
please, and none of the* remedies which
c> iuity s ay s r>us t be afforded were sued for.
m;-r> „ We 11, partially you irobably
to
will should bo allowed to a it a m i /allegedly
conform to the proof, but the Court doesn't
have any prouieir. with that. because of the
way the board handled it, you can say clean
hands, and the Board’s notice to these
people was deceptive, evasive and untrue,
ana they have relied on dofer.se3 that vane
their unwillingness to be honest with these
people shocking.
Go I don't think you are entitled to
any eguitable defense of laches.
1 deny the- notion to ni'.enci to assert
the defense of Inches.
All right, now, you guntler.cn want to
argue the Shaw case and I'.cForron case also?
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MR. WILLIAMS: Hay it please* the Court,
one last thing I an in horror of forgetting./ '
Before wo begin argument, nay I ask the
Court since the Court has allowed the
government ten additional days in which to
file their brief on the private school
situation, in view of the fact that brief
would be due tomorrow --
THE COURT: Oh, --
MR. WILLIAMS: Could we also have
another ten days within which to file our
brief on that?
THE COURT: Certainly. Certainly.
And, well, the Board of Education is not
involved in that, it is true:. Go ahead.
As I indicated yesterday, I am still
concerned about the area of discrimination
in the Shaw case. All right, go ahead,
Mr. Williams.
(ARGUMENT OF COUHSEL)
MR. WILLIAMS: May it please Your Honor,
I would like to have Mrs. Rivers’ certificate
attached to Exhibit 01.
THE COURT: I will comment on Mrs. Rivers'
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statu:; in connection with ray ruling.
MR. WILLIAMS: Yes, sir. I would also
like to, with' Your Honor’s approval, add
her letter she received as IiK5iib.it 1 along
with all the plaintiffs in the case, if I
nay, if Your Honor please.
THE COURT: All right.
MR. WILLIAMS: How, if Your Honor please,
since the question of pupil-teacher ratios
has cons up in the course of Mr. Bagwell's
deposition, I asked bin to and he furnished
no the pupil-teacher ratios for the years
196!) and 1379 in elementary and high schools.
Without objection, I should like to
introduce that as an exhibit so the Court
will have then before it.
MR. SMITH: I would like to see it.
MR. WILLIAMS: It in what he furnished
to ao.
MR. SMITH: Yes, sir.
MR. WILLIAMS: All right. Thank, you.
THE CLERK: Exhibit 62.
(Thereupon, the said document was marked
Exhibit No. 62.)
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HR. WILLIAMS: That is the comparative
pupil-teacher ratios in elementary and high
school at the beginning of the '69-’70
school year and the end of the '09-'70 school
year, and at the beginning of the *70-*71
scaool year for all schools in the system.
THE COURT• All right.
HR. WILLIAMS: That is tile gro3 3 figure.
It is not broken down by school or by grades.
(Whereupon copies of teacher contracts
were submitted in evidence and marked
Collective Exhibit No. 63.)
TLE COURT: Hr. Clerk, you may adjourn
Court.
(ADJOURNMENT)
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I hereby certify that the foregoing transcript
is a true and correct transcription of ny shorthand
notes.
MARTEST *OTWELL ..
In Lieu of Official Court
Reporter
United States District Coui":
Western District of Tennesse
■i!
;!
IN THE Cl STRICT COURT OP THE UNITED STATES
FOH TUBS WESTERN DISTRICT OP 'J’JDtrnlVS£.*j&.c.:
WESTERN DIVISION
316 C O
I
I
LEROY SHAW, JR.,
. Plaintiff
VS.
COUNTY BOARD OP EDUCATION OP PAYETTE COUNTY, TENNESSEE, a public body coporate and legal entity, C/O W. C. WILKINSON,Chairman, and W. C. WILKINSON,M. L. UE3B, REFA V. TAYLOR,JANES T. COWAN, H. L. McCRAW, JR., RALPH STEVENS, and ALLEN A. LA7ENBY, BOARD members, WHO TOGETHER, AS SUCK, CONSTITUTE THE SAID COUNTY BOAT® OP EDUCATION OP PAYETTE COUNTY, TENNESSEE;
and
HOYTE CAROTHERS, SUPERINTENDENT OP SCHOOLS OP PAYETTE COUNTY, TENNESSEE,
Defendants
)
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) CIVIL ACTION
) HO._
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C O H P L A I N T II.
iho jurisdiction of this Court is invoked pursuant to the j
provisions of Title 28 United States Code, Sections 1 3 3 1 and
13!i3(3), this being a suit wherein the matter in controversy
exceods the sum or value of $1 0 ,0 0 0 .0 0 exclusive of interest and ;
costs, arising under the Constitution and laws of the United
States, and this being a suit in equity authorized by lav, Txtlo
I4 2 , United States Code, Section 19u3, to be commenced by any cltiz
of the United States or other person within the juriedietto thro-'
0?
of to redress the deprivation under color of statuto, ordinance, !
regulation, custom or usage of a State, of rights, privileges and'
immunities,socurod by tno Constitution and. laws of the United
Stakes. The rights, privileges and immunities sought to be secured '
by this action, are rights, privileges c.r.d immunities secured by j
tho duo process and equal protection clauses of the Fourteenth
Amendment to tho Constitution of the Unitod States, and by Title ij
United States Codo, Sections 1961 and 2000d, r.3 hereinafter mono
fully appears.
!
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11 • 317
This is a proceeding for a preliminary and permanent in
junction enjoining the County Board of Education of Payette County,
Tennessee, a public body corporate raid legal entity, its members
and Superintendent of Schools of Fayette County, Tonnessee, from
continuing their policy, practice, custom and usage of:
(a) Employing, assigning, transferring, promoting, demot
ing, discharging, re-employing, reassigning and retransferring
teachers, principals and other supporting personnel in the County
School System of said County, including the plaintiff herein, on
tho basis of race, color or sex, or in a racially discriminatory
manner and from failing and refusing to disestablish existing
racial discrimination;
(b) Discharging, demoting, refusing to rehiro or reinstate
or refusing to recognize the contractual status of teachers,
principals and other supporting porsonnel in said School System,
including the plaintiff herein, on the basis of race, color,sex
or national origin because of actual or expected loss of pupils in
a school where the pupils served by the plaintiff or other Negro
teachers chose and were allowed to choose or were assigned to a
school where they could obtain a desegregated education, or because
of the assignment of white children to a school formerly serving
Negro children only or to a school served wholly or partially by
Negro faculty porsonnel;
(c) Discriminating against Negro teachers, principals and
other supporting personnel in said School System,including the
plaintiff herein, on account of race or color, or on account of
their sex, in the protection and enforcement of their tonura and
seniority and/or in the determination of the type of duties or tho
school to which they are assigned, and/or in the determination of
which teacher or other personnel shall be discharged where loss of
pupil enrollment necessitates such discharge; and fran utilizing or
attempting to utilize the State Toacher Tenure Law and/or any other
teacher tenure law or other state laws, customs or regulations con
ferring discretion:;i upon defendants in the hiring, discharge or re-
hiring of teachers, principals on other supporting personnel or in the
abolition of positions of such teachers and other personnel, in
such manner an to discriminate directly and/or indirectly on account
I
of race, color and/or sex in the hiring, discharge, rohiring,
!assignment or reassignmont, transferring or rotransforring of
such teachers, principals and other supporting porsonnol, including
the plaintiff, in said school systom;
(d) Assigning, reassigning, transferring or retransferring
teachers, principals or other administrative or supporting personnel,
including the plaintiff, to schools, classes or positions in said
school system on a racially segregated basis or on the basis of the
racial composition or proportion of the students in such schools,
classes or positions;
(e) Discriminating against Negro male toachers by arbitrarily
discharging and/or refusing to hire or rehire them whore their re
tention or hiring would cause them to bo assigned ultimately to
racially iiitograted schools attended by white as well as black
school children;
(f) Systematically reducing the number of Negro toachers in
the Payette County School System by such discharge and/or refusal
to hire or rehire Negro teachers who are not tenure teachers and
systematically replacing Negro teachers who are discharged or separ
ated from the schcd. system for any reason v/ith white teachers;
(g) Making any distinction based upon race, color or sex in
the operation of any aspect, facet or phase of said school system
except for the purpose of affirmatively disestablishing racial segre
gation and discrimination on account of race, color, sex or natioial
origin.
III.
Plaintiff, Leroy Shaw, Jr., is a Negro and citizen of the Unit3c
States residing in Fayette County, Tennessee. He brings this action,
pursuant to Rule 23(a) and (b) of the Federal Rules of Civil Proce
dure on his own behalf and on behalf of all othor porsos in Fayotto
County and in other counties in the State of Tennessee who are simi
larly situatoa and/or affected by the policy, practice, custom and
usago complained of herein. The plaintiff was at all times material
hereto a teacbor regularly employed by the defondants in the Fayetto
County School System under tho jurisdiction, management and control c
the defendants and which school system is a part of the public aohoo'I
system of the State of Tennosaoo. Plaintiff was for three years ar-
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318
319
signed by defendants to the Braden-Siuai School, an all-Negro
public elementary school with an exclusively Negro faculty consist'
ing only of Hegroos,/pursuant to a policy, practice, custom and
usage maintained and onforcod by defendants of operating a racially
segregated school system for said County in which pupils were as- J
signed to schools and segregated by race and teachers and other j
supporting personnel were and aro employed, assigned, transferred j
and discharged substantially on a racially segregated basis and/or
on the basis of the race op color of the faculty members to bo
employed, assigned, transferred or discharged and the race or color
of the students or majority of the students attonding a particular
school or cD.ass within such school, pursuant to the policy, practice,
custom and usage as heroin complained of. After the filing of a
desegregation lawsuit in the ca3c of John IlcPerren, Jr., et al v.
County Board of Education of Fayette County, Tennessee, et al,
Civil Action Ho. 65-136 in this Court on Juno 2, 1965, a consent
decree was entered in that case on Juno 21, 1966, providing for
operation of the public schools of Fayotte County under a freodoraj
of choice plan. After the adoption of said plan, defendants con
tinued thoir policy, practice, custom and usage of discrimination
against Negro teachers and children by demoting Negro teachers
assigned to formerly white schools, refusing to give such Negro
teachers classroom tea.ching duties or to accord them regular
teacher-student status, refusing to assign any Negro principals j
or supervisory personnel to formerly white schools in the school j
system, replacing Negro teachers separated from the system with j
white teachers, failing and/or refusing to employ any substantial
number of now Negro teachers or principals, and manipulating thê
teaching assignments of presently employed Negro teachers in Buch
mariner as to discriminate against thorn and promote their elimina
tion from the school system. In 1968, the United States, which j
had intervened as plaintiff in said case on September 3, 1965, and
the private plaintiffs moved the Court for furthor relief and, j
after extensive hearings, the Court filed a memorandum opinion in
that case on June 9, 1969, which permitted the defendants therein,iwho are the some defendants in this case, to continue limited free
dom of choice in the olomentary schools by grouping certain Negro
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and white elemontary schools in tho same school zone granting
the Neero and white children respectively tho right to chooce tho
school which they shall attend within such zones.for the 1 9 6 9 -7 0
school year, but directing tho defendants to file a further re
vised plan on or before January 1 , 1970, which would provide a
more definite plan for .unitary schools,eliminating such freodom
of choice. Since the filing of said motion for further relief
in said McForren case in 1968, the defendants, in addition to
their foregoing discriminatory practices, have begun systematically
to discharge and/or refuse to hire or rehiro Negro male teachers
or faculty members where they would or might be assigned to toach
in schools attended by white children, solely on account on the
race and sex of said Negro male toachors, includingthe plaintiff.
Said policies, practices, customs and usages of the defendants
violate not only tho rights of plaintiff and other Negro faculty
personnel and applicants for employment as such faculty personnel,
but also the rights of Negro children attending said public schools,
as to whoso rights there is a close nexus with those of plaintiffs
and othor Negro teachers and teacher applicants for employment here
sought to be vindicated and in whoso behalf plaintiff also brings
this suit, as more fully appears hereinafter. The members of tho
class on whose behalf plaintiff sues are so numerous as to make it
impracticable to bring them all individually before this Court, but
there are common Questions of law and fact involved, common grievance!
arising out of common wrongs, and a common relief is sought for
each plaintiff and for each member of the class. In addition, this
action meets the other prerequisites of a class action as set forth
in subparagraph (b) of said Rule 23. The plaintiff fairly and ade
quately represents the interests of the class.
IV
Defendants are tho County Board of Education of Fayette County,
Tennessee, its Superintendent of Schools and the members of said
County Board of Education. The defendants are charged with the
responsibility under Tennosseo law of operating,and are and have
been operating said public school system in Fayotte County, Tonnossee,
which is and has boon receiving federal financial assistance within
the meaning of Section 601 of the Civil Rights Act of 1961j (Title
l\Z United States Code, Soction 2000(d)).
321 V
Xh© plaintiff is a graduate and holder of a bachelor's degree
from an approved four-year college and is qualified and certified
provisionally as a teacher in the field of elementary education
by the State of Tennessee, Department of Education. He was employed
by the defendant, Fayette County Board of Education, at the begin
ning of 1966-67 school year as an elementary school teacher and
assigned to said all-Negro Braden-Sihai Elementary School where
he has continued in said employment by the defendantsfopithe past
three years, that is, to-wit: 1 9 6 6-6 7, 1967-68, and 1968-69. In
April, 1969, the plaintiff received a letter from the defendants
Superintendent, the date and body of which was as follows:
"April 22, 1969
"Hr. Looy Shaw, Jr.2001 Carver, #8 Memphis, Tennessee
Dear Mr. Shaw:
The Fayette County Board of Education regrets that they will not be able to re-elect you for the 1 9 6 9 -7 0 school term. In taking this action it was noted that your major in college was Agriculture Education, and we have not been able to find an opening in your major
The Board feels a strong responsibility to try and employ elementary teachers who aro fully certified in the area which they are to teach.
The Board has asked me to express their appreciation to you for the service you have rendered in the past and express their regret that we have not been able to find a position in your major field.
Sincerely yours,
/s/ Hoyte Carothers, Jr.Hoyte Carothers, Jr. SuperintendentHC:je"
Upon receipt of said letter, plaintiff immediately sought
and obtained a conference with defendant Superintendent during
which he informed said defendant of his continuing desire to teach
in the field of elementary education, of his continuing effort to
further his education in that field by taking post graduate studies
and roquos-fced a reconsideration of the foregoing action dismissing
him. Upon defendant's suggestion, plaintiff thereupon wroto to
the State Department of Education for detailed information regard
ing his teacher's certificate and pursuant to this request, tho
following letter was sent to tho defendant Superintendent from r->4d
Department: 322
Mr. Hoyte Carothers Superintendent Payette- County Schools Somerville, Tennessee 38068
"April 30, 1969
Dear Mr. Carothers:
We have examined transcript on which Temporary Certificate number 1+28682 endorsed Grades 1-9 was renewed to July 1, 1970 and find 3 semester hours professional education and 3 semester hours content which can apply on requirements for adding Grades 1-9 to Professional Certificate #[1.2 8 6 8 2.You lack 3 semester hours professional education Grades 1-9 and 3 semester hours in a subject matter area.
Yours truly.
/s/
A. B. Cooper, DirectorTeacher Education and CertificationABCifrcc: LeRoy Shaw2001 Carver Avenue, Apt 8 Memphis, Tennessee 38lli+"
A few days later, plaintiff had another conference with the
defendant Superiridndent in which the latter admitted that the
foregoing information qualified him for retention as a teacher in
. said school system and indicated his intention to so recommend
to the defendant Board of Education. Nevertheless, the plaintiff
‘ received a few days later in June, 1969, the following letter from
paid defendant Superintendent notifying him of his permanent dis
missal As a teacher in said school system:
"June 16, 1969
Leroy Shaw 2001 Carver #8 Memphis, Tennessee
Dear Mr. Shaw:
The Payette County Board of Education did not feel that they could consider your request for re-election as a teacher in Payette County. I id gret that the Board had to take this action, but they felt it necessary to try and find a person with more training aid experience on the elementary level.
Please feel free to use me as a reference when applying at another school system.
Sincerely yours,
/a/Hoyte Carothers, Jr. SuperintendentKC :dpV
VI 323
On information £td belief, the defendants have retained in
employment many white toachors, both male and female, and several
Negro female teachers in said school system for the school year
1969-70 who are less orrx> better qualified educationally and
professionally, who have lower or no higher seniority, who are less
fully certified or no more certified in the area in which they are
to teach, and who have less or no more training and experience
on the elementary level than the plaintiff, who is unmarried, and
other single male Negro teachers similarly situated, and who are
teaching in positions which the plaintiff and said other single
male Negro teachers similarly situated are qualified to fill.
Some of these white teachers and female Negro teachers do not have
college degrees. Likewise, on information and belief, defendants
have either hired or are expecting to hire several new white and
female Negro non-tenure teachers for said 1969-70 school year
who will be teaching in positions which plaintiff and other single
male Negro teachers similarly situated were and are qualified to
fill. Defendants' foregoing discrimination against male Negro
teachers is especially exercised against single Negro males,
it being their policy, practice and custom of refining to assist,
\hire or rehire unmarried Negro males to schools attended or to be
attended by white school children while they freely assign, hire
or rehire white teachers, either male, or female or Negro female
teachers to such racially integrated schools. On information and
belief, within the past year, defendants have dismissed or refused
to rehire approximately three other single Negro male teachers in
addition to the plaintiff pursuant to and solely because of their
foregdng discriminatory policy and practice. Defendants refused
to re-elect and, in effect, discharged th6 plaintiff solely bocau3e
he vas a single Negro male teacher and in order to prevent his be
coming a tenure teacher and being ultimately assigned to a school
or schools attended by white children. Defondants have retained
and/or rehired several single white male teachers end assigned them
to elementary schools and, if plaintiff had been white, ho would
not have been discharged, as aforesaid, but would have been re
elected for his fourth year, thereby becoming a permanent tenure
teacher under the Tennessee Tenure Law.
324
Defendants customarily utilize objective educational and pro
fessional standards of comparison, including seniority, in deter
mining which white teachers to discharge in event of abolition of
teaching position, and which white teacher applicants to employ,
and defendants customarily retain white teachers with greater sen-
i ority in preference to white teachers with lower seniority where
loss of enrollment necessitates abolition of teaching positions,
but defendants refused to employ such objective standards or to
recognize said seniority rights with regard to the plaintiff and
discharged him, as aforesaid, solely because of his race or color
and his sex, thereby granting both male and female white teachers
and teacher applicants and female Negro teachers and teacher appli-
cats a preference on account of race, color and sex, in violation
of the rights of the plaintiff and other single male Negro teachers
and teacher applicants similarly situated in whose behalf he sues,
secured by the due process and equal protection clauses of the
Fourteenth Amendment to the Constitution of the United States and
by the Civil Eights Act of 1961;, Section 601, et seq. Defendants
refuse to transfor, assign or reassign the plaintiff and other
single male Negro teachers similarly situated as regular teachers
with full responsibility and statue,or to employ any new single
male Negro teachers as teachers or principals with such full
responsibility and statue, in said schools attended or to be at
tended by any white children, because of defendants' continuing
policy, practice, custom and usage which they have been and still
are enforcing, of retaining, employing, and assigning all or
predominantly white teachers, principals and supporting personnel
in schools attended entirely or predominantly by white students,
and refusing to'retain, employ, transfer or assign Negro teachers,
principals and supporting personnel to the schools in such numbers
or in such manner as to accord thorn full respect and statue in
their association with white teaching personnel and in theteaching
and supervision of white children, and in refusing to retain, em
ploy, transfer or assign single male Negro teachers at all to said
schools attended by any white children.
-9-
32S V I I
The refusal of defendants on account of race, color and/or
sex to retain, employ, transfer or assign Negro teachors in or to
white or formerly white schools or to any schools attended by
white children on a regular basis with such full statue and respon
sibility, or to retain, employ, transfer or assign any single male
Negro teachers to such schools, or to employ and assign both Negro
and white teachers to each school in said school system in sub
stantial numbers without regard to sex, or to employ new Negro
teachers without regard to sex, .and said manipulation of teaching
assignments to eliminate Negro teachers, retains a substantial as
pect of racial segregation and discrimination in the schools which
prevents the Negro children attending schools in Payette County
from obtaining a racially integrated and non-discriminatory educa
tion. The discharge and threat of discharge of plaintiff and any
other Negro teachers, principals and supporting personnel by defend
ants in connection with the assignment of children to the schools
constitutes a factor of official ooeroion designed and tending to
influence and hinder any freedom of choice by students or their
parents under said desegregation plan approved by the Court.
The rights of said Negro school children are therefore so closely
interwoven with those of the plaintiff that they are appropriate
members of the class on whose behalf plaintiff brings this 3uit.
VIII
The abovementioned policy, practice, custom and usage of
defendants in enforcing and maintaining under color of state law,
said discrimination and/or segregation on account of race, color
and sex in the employment, assignment, transfer, promotion, demo
tion, discharge, re-employment, reassignment, retransfer and treat
ment of school teachors, principals and other administrative or
supporting personnel in said school system and in failing and re
fusing to disestablish racial segregation and discrimination in
said school system; and their actions pursuant thereto in discharge
ing the plaintiff and/or other Negro teachers, principals or support
ing personnel similarly situated on account of race, color or sox
because of the attendance or expected attendance of white sc hool
children in any school to which the plaintiff or such other Negro
n_
326
teachers might be asslgnod, in rofusing to rohire, roinstato or
recognise the contractual status of plaintiff and othor Negro
teaching personnel, in rofusing because of race, color or sox to
apply customary and/or objective standards of comparison in select
ing teachers for retention or discharge, in refusing because of
race, color or sox to recognize, protect or enforce the seniority
rights of plaintiff and other Negro teaching personnel, and in
hiring, rehiring, demoting, assigning, reassigning, transferring
or retransferring teachers, principals or othor supporting personnel
to schools, classes or positions in said School System on a'racially
segregated or discriminatory basis, on the basis of racial sex of
the teacher, or on the basis of the racial composition or proportion
of the students in such schools or classes without regard to the
qualifications, or seniority of such teachers or personnel, deprive
plaintiff and the class he represents, inchding other Negro teachars
or prospective teachers in said County, especially those who are
single and male Negroes, ad including all Negro school children
attending schools in said County, of due process of law and of the
equal protection of the laws secured by the Fourteenth Amendment
to the Constitution of the United States, and are therefore uncon
stitutional and void, and also deprive the said plaintiff and the
class he represents of rights secured by Title Ij.2, United States
Code, Section 1981, and by the Civil Rights Act of 1961)., Section
601, in that they are thereby subjected by said State Officials,
under color of State Law, to racial discrimination and/or racial
sex discrimination in said public sctool system of Fayette County,
Tennessee, which receives Fedoral financial assistance.
The injury which the plaintiff and said members of his class
suffer as a:result of said discriminatory policies, practice,
customs, usages and actions of defendants based on race and/or
racial sox, is irreparable and will continue to irreparably injure
plaintiff and his class until enjoined by this Court. Any other
relief to which the plaintiff and those similarly situated could
be remitted would be attended by such uncertainties and delays as
to deny substantial relief, would involve multiplicity of suits,
cause further lz’reparable injury, and occasion damage, vexation,
and inconvenience, not only to plaintiff and those similarly situ-
-1 1 -
327
ated, but to defendants aa public officials.
IX.
Plaintiff is entitled to immediate relief. He is and has
been at all times ready, willing and able to perform and has offered
to perform his teaching duties for said 1969-70 School Year, but
will be prevented from doing so by defendants' actions outlined
above. Plaintiff avers that because of his discriminatory dis
missal, he is entitled not only to immediate reinstatement and
recognition of his tenure status but also to his full contractual
salary from the beginning of the School Year 1969-70 about the last
week in August 1969 to date of reinstatement in the evont he is not
reinstated prior thereto, and to receive same thereafter in due
course, and to his reasonable attorney fees as hereinafter prayed.
X.
Than is between the parties an actual controversy as hereinbefore
set forth.
WHEREFORE plaintiff respectfully prays that this Court advance
this case on the docket and order a speedy hearing of same according
to law and after such hoaring:
1. Issue a temporary restraining order and/or preliminary
injunction requiring the defendants to immediately reinstate, re
elect, rehire and recognize the plaintiff, Leroy Shaw, Jr., as a
teacher in the Fayette County School System, including the recogni
tion of his seniority and tenure status by virtue of such rehiring,
and to assign, reassign, transfer or retransfer him to an appropriate
school as teacher in said system without regard to his race, color
or sex or the racial composition or proportion of the students in
such schools or classes within such schools in which he is so employed
to assign him to full and regular responsibilities and stature in
said teaching position; and also to pay his regular pay for the
period expired from the beginning of the School Year 1969-70 to
date of reinstatement in the event such reinstatement occurs after
the beginning of said School Year, and all subsequent regular pay
as same accrues, pending further orders of tho Cout.
2. That upon tho final hearing this Court enter a decree
permanently enjoining the defendants and each of them, their agents,
employees and successors from:
-1 2 -
328
(a) Employing, assigning, transferring, promoting, demot
es* discharging, re-employing, reassigning and retransferring
teachers, piiicipals and other supporting personnel in the County
School System of said County, including the plaintiff herein, cn
the basis of race, color or sex, or in a racially discriminatory
manner and from failing and refusing to disestablish existing ra-
olal discrimination;
(b) Discharging, demoting, refudng to rehire or reinstate
or refusing to recognize the contractual status of toach8rs,
principals and other supporting personnel in said School System,
including the plaintiff herein, on the basis of race, color, sex
or national origin because of actual or expected loss of pupils in
a school.'whore the pupils served by the plaintiff or other Negro
teachers chose and were allowed to choose or were assigned to a
school where they could obtain a desegregated education, or because
of the assignment of white children to a school formerly serving
Negro children only or to a school served wholly or partially by
Negro faculty personnel;
(c) Discriminating against Negro teachers, principals and
other supporting personnel in said School System, including the
plaintiff herein, on account of race or color, or on account of *
their sex, in the protection and enforcement of their tenure and
seniority and/or in the determination of the type of duties or the
school to which they are assigned, and/or in the determination of
which teacher or other personnel shall be discharged where loss of
pupil enrollment necessitates such discharge; and from utilizing or
attempting to utilize the State teacher Tenure Daw and/or any other
teacher tenure law or other state laws, customs or regulations con
ferring discretion upon defendants in the hiring, discharge or re
hiring of teachers, principals or other supporting personnel or in
the abolition of positions of such teachers and other personnel, in
such manner as to discriminate directly and/or indirectly on acoo unt
of race, color and/or sex in the hiring, discharge, rehiring,
assignment or reassignment, transferring or retransferring of
such teachers, principals and other supporting personnel, including
the plaintiff, in said school system;
(d) Assigning, reassigning, transferring or retransferring
teachers, principals or other administrative or supporting porsonne]
including. th e p ia i t s t i f f , to schoola# e la a re a c r p o s itio n s itiasid
eehvc.'X on a r a c i a l ly **£*e&&tog fcasla e? ©a the b&ois o f
tho r& q ia l com position or proportion o f tho stu d en ts in tush
cefeosls, cl& sijca ©?•p o sitio n a l
(e) M^erJhsl&afclag a^ai:c-at Xogro mala fccc.ehera by
fUeofcftrgiog &nC/cr ro fu eic^ to h ire or ro h ire thea uboro t h e ir rs«
% m U m e r h ir in g v a x i i c . ee.uso them to fee a ssig n s* t*ltissat<flty to
r a c i a l l y in fe r r a te * S cbsols a tte s te d by tM t o a s v a i l «a U ta h
{School e h ild r ©« i
(r) S f s t m ^ i c & X X r reduel&g th» uusfre? o f tie^ra tosohor* Sr*
tho Psy& tto Cc-\mfcy School f'yAtc'i v j #uch d.i t'eUrrgo re-f usUt
to b ir o os* rohir® Xtogro t shelters who *&re ro t tcaur© teach ers and
c^ stA ^ R tica lly rs'plr-ciiig Jitegro feetefetpe who era d.iechniv;M c r
sepSF&ti&d frees the echool e y ste a fo r afty pe*8©« w ith *&£><? taashcr/
(g) Hiking e«|r d is t in c t io n based upon p & m - t ecloi* or io
I 329
t>h© op eration o f any Repeat, fa c e t or phase o f sa id coto o l *
eseepfc f o r fcho " p M t p o s Q o f A ffirm a tiv e ly dicootoh'Ufihiod pfoeioi
scgreg& tloo ood d iecrim io& tiea on Account o f ra-c©, c o lo r , cea oi?
t&tleogX origin*
3* y i- A io t if f p reys that th is Court w i l l sward re&ssoKbl*
eoaueol fa c e i-o h ie ottornayu f a r s e rv ic e s rovvdere-5, <u;d to la
rendered hist in th is ca se , ftnd a llo w the p l a i n t i f f h ie Feasor-Able
c o s ts heroin «s4 gran t such fu r th e r , o th e r, a d d itio n a l c r a l t e r
n a t iv e 2 'o llc f os siay eppe&r to the Court to ho e u i t a b l a and j-'C t,
/ .itc :u cy fo r fla il* t i f f
IN THE DISTRICT COURT OP THE UNITED STATE3
331
FOR TEE WESTERN DISTRICT OP TENNESSEE
WESTERN DIVISION
LEROY SHAW, JR., )
Plaintiff )
VS. ) CIVIL ACTION
COUNTY BOARD OP EDUCATION OP ) NO.PAYETTE COUNTY, TENNESSEE, a --------public body corporate ad legal )entity, C/O W. C. WILKINSON,Chairman, and W. C. WILKINSON, )M. L. WEBB, RHEA V. TAYLOR,JAMES T. COWAN, H. L. McCRAW, JR., )RALPH STEVENS, and ALLEN A. LAZENBY,BOARD MEMBERS, WHO TOGETHER, AS SUCH, )CONSTITUTE THE SAID COUNTY BOARD OP EDUCATION OP PAYETTE COUNTY, TENNESSEE; )
and )
HOYTE CAROTHERS, SUPERINTENDENT OP )SCHOOLS OP PAYETTE COUNTY, TENNESSEE,
)Defai dants
)
MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION
Comes the plaintiff in this case, named hereinabove in the
caption, and moves the Court for a temporary restraining order and/
or preliminary injunction as follows:
1. Requiring the defendants to immediately reinstate, re
elect, rehire and. recognize the plaintiff, Leroy Shaw, Jr., as
a teacher in the Payette County School System, including the
recognition of his seniority and tenure status by virtue of ouch
rehiring, and to assign, reassign, transfer or retransfer him to
an appropriate school as teacher in said system without regard
to his race, color or sex or the racial composition or proportion
of the students in such schools or classes within such schools
in which ho is so employed; to assign him to full and regular
responsibilities and stature in said teaching position; and also
to pay his regular pay for the period expired from the beginning
of the School Year 19&9-70 to date of reinstatement in the ovont
ach reinstatement occurs after the begirring of said School Year,
and all subsequent regular pay as same accrues, pending further
ordarB of the Court.
332
And for grounds of said motion, tho plaintiff specifies the
matters and things alleged in his verified Complaint filed here
with, all of which are incorporated herein by reference and made
a part of this Motion.
AVOW N. WILLIAMS, JR.
lij-lip Parkway Towers
I4-OI1 James Robertson Parkway
Nashville, Tennessee 37219
Attorneys for Plaintiff
333
:£E DISTRICT COURT OP THE UNITED STATES
R THE WESTERN DISTRICT OP TENNESSEE
WESTERN DIVISION
LEROY SHAW, JR.,
Plaintiff
, VS.
! COUNTY BOARD OP EDUCATION OP PAYETTE COUNTY, TENNESSEE, a 1 public body caporate and legal entity, C/O W. C. WILKINSON,'i Chairman, and W. C..WILKINSON,| M. L. WEBB, RHEA V. TAYLOR,
li JAMES T. COWAN, H. L. McCRAW, JR.,I RALPH STEVENS, and ALLEN A. LAZENBY,: BOARD MEMBERS, WHO TOGETHER, AS SUCH,' CONSTITUTE THE SAID COUNTY BOARD OF ’ EDUCATION OP PAYETTE COUNTY, TENNESSEE;i ■
:j
|i HOYTE CAROTHERS, SUPERINTENDENT OF ■ SCHOOLS OP PAYETTE COUNTY, TENNESSEE,
ji Defendants
)
)
)
)
)
)
)
)
ORDER TO SHOW CAUSE WHY TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION SHOULD NOT.ISSUE
Upon application of the plaintiff and for good cause shown,
it is ORDERED that the defendants named in the caption of the Com'
plaint filed in this cause, and sach of them, appear before the
Honorable . United States District
Judge, at . 1969, I
or as soon thereafter as same'may be reached on the Court's calendar
in the United States District Courtroom of said Judge, United
States Courthouse a t T e n n e s s e e , and show cause why
the temporary restraining order and/or preliminary injunction as :I
more particularly set forth in the Motion for Temporary Restraining
Order and/or Preliminary Injunctxn heretofore filed herein, should
not issue; and it is further ORDERED that̂ a copy of said'Motion i
for Temporary Restraining Order and/or Preliminary Injunction, J
itogether with a copy of this Order shall be served by the United 1IStates Marshal upon the defendants and each of them simultaneouslyl
with the srvice of process and copy of the Complaint in this cause.
E N T E R / J C /T ) t Z h 'f c
United States District /Judge A
7- 3 '- ,c*.
334
C } J j '
IN TUG DISTRICT COURT OP THE UNITED STATES
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
)
)
) CIVIL ACTION NO. C-6/-221
)
)
)
INTERROGATORIES
TO: EOYT2 CAROTHERS, SUPERINTENDENT OF SCHOOLS OF
FAYETTE COUNTY, TENNESSEE, AND COUNTY BOARD OP EDUCATION OF FAYETTE
COUN ITT, TENUES SEE.
Plaintiff requests -hat defendante answer .ho following
interrogatorios under ca h, in accordance wi.h Rule 33 of the
Fed© al R.los of Civil Procedure:
1 . Lis: -he name and address of occh school facility
uEed during the School Years 1965-66, 1966-67, 1967-68, 1960-6')
and to be used during the School Yoar 1969-70. As used throughout
these interrogatories, "school'' or "school facility" refers to
each and every school aid indructlonal facility including but not
limited to vocational, special, elementary, junior high and sonior
high schools. i2. List by name,- and address each school during each
of the School Years epecifiod in Interrogatory No. 1 which were
discontinued during that respective School Year or which will be
discontinued during the 1969-70 School Year.
3. Li3t each school to bo opened for the first timo
during the 1969-70 School Yoar.
I|. List for each of the School Years specified in
Interrogatory No. 1, each school facility which was used different!,
during the following school year than it was during the respective
school year Indicated and rive a detailed description of the dif
ferent use of the school facility. For example,
or nubstraction of grades.
LEROY SHAW, JR.,
Plain tiff
VS,
COUNTY BOARD OF EDUCATION 0? FAYETTE COUNTY, TENNESSEE, era., ET AL,
Defond&na
scto the addition
335
$ . List each ochool facility which will bo uaod
differently during tho 1969-70 School year thou it wan during
the 1 9 6 8 -6 9 School Year r.ed give c detailed doaoripticn of tho
dlfforent use of the cohool facility. Again, for example, nofco
tbo addition or cubstraction of grades.
6 . List, by school, for each school facility during
oach of tho years upociflod in Interrogatory Ho. 1, including tho
projected figures for tho year 1969-/0, tbo following:
(a) The total number of Hogro students in attendance;
(b) Tho total number of white students in attendance;
(c) The number of Hogro atudoris in each grado;
(d) Tho number of white studor/o in oach grado;
7. List for each school yoar specified in Interrogatory
Ho. 1 and for oach school which was used during oach of said
years, including each school which will bo used during tho 1969-70'
School Year, tho following:
(a) Tho mushor of Hogro classroom teachers by sox and
marital status;
(b) The numbor of Hogro guidance counselors by 0ox and
marital status;
(0) Tho nunbor of Hogro supervisory and administrative
porsonnol (including librarians) by sox and marital
status;
(d) Tho number of white classroom teachers by sax and
marital statuo;
(e) Tho number of white guidanco counselors by cox and
marital statuo;
(f) The number of white supervisory and administrative
personnel by sex end marital status;
(g) Tho name, race, cox and marital otatu3 of the
Principal.
8. List for oach oc.hool for each of tho yoar3 specific 1
in Interrogatory Ho. 1, including those expected to bo used curing
the 1 9 6 9 -7 0 School Year:
(a) The number end type of classroom twxohor vacw.ci
that have occurred by retire:m-nt, elimination of cervices or 0
reasons sines the Login sior' the p: *vie us School Jer-v. '-iv- eve r /
. L
336
the word typo of cluaaroora boachar vacancies or politicos
in used in thaso interrogatories, it refers to any class1
fication by subject natter or qualification which Units
the assignment of the teacher to some particular Grade,
subject matter, or category;
(b) The number and typo of new classroom teacher posi
tions which wore added cinco the beginning of the pre
vious School Year;
(c) Tho race, sox and marital status of teachers newly
employed to fill such vacancies or new positions for
oach of said years;
(d) Tho race, sox and marital status of teachers trans
ferred from schools to fill such vacancies or now posi
tions for each of said years, including tho name and
address of tho school from which the teacher was trans
ferred as v;oll as tho school to which transferred;
(0) The numtr and typo of guidance councolor vacancies
that have occurred by retirement, termination of erv.Icon,
or other reasons since tho beginning of oach of said
School Years;
(f) The number and typo of new guidance counselor,
positions which wore added since tho beginning of oach
of said school years;
(g) Tbs race, sox and marital status of guidance,
counselors nowly employed to fill ouch vacancies or
now positions;
(h) Tho race,eox and marital status of guidance counse
lors transferred from schools to fill auch vacancies or
novj positions;
(1) The number and type of supervisory and administrative
personnel vacancies that have occurred by retirement,
termination of services, or other reasons since tho
beginning of tho previous School Year;
(j) Tha nunbor and typo of new supervisory and admini
strative personnel positions which wore added cinco the
beginning of tho previous School Year;
(J;) Tho race, sex and rw-ritel status of supervisory
and cdr.'inistrat'.vo pci-sour, el nowly c’.ployed to fill
337
such vacancies or now positions;
(1) The race, sex and marital status of supervisory
and administrative personnel transferred from schools
to fill such vacancio3 or now positions, including tho
name and address of the school from which transforrod
as well as the school to which transferred.
9. List the name, race, sex, marital status, highest
educational degreo attained, years of teaching experience, tenure
status, school to which assigned, and nature of subjoots taught,
of all teachers retained in the School System at tho end of each
of said School Years speolfiod in Interrogatory No. 1.
10. List the name, race, sox, marital status, highest
eaucational degree attained, years of teaching experience, tenure
i status, school to which assignod, and nature of subjects taught,
of all teachers dismissed, discharged or teminated for any reason
at all at the end of each of said School Yeai‘3, including the
actual reason for each such dismissal, discharge or separation.
11. List tho name, race, sox, marital status, hipest
educational degree atainod, years of teaching experiGnco, tenure
status, school to v?hich assignod, and nature of subjects taught,
of all teachers newly employed by dofondants as teachers for and
at anytimo during each of said School Years, including tho School
Year 1969-70.
12. State whether the Fayotte County School System
receives Federal Punds and tbs amount expected or rocoived during
each of the School Years spooified in Interrogatory No. 1.
13. State tho names, race, sex and marital status
of each and every teacher in the Payette County School System
for the years specified in Interrogatory No. 1 who was not fully
certified on a permanent basis by the State Department of Educa
tion in the subject matter wherein euch teacher was teaching. In
dicate as to each suoh teacher, the number of semester or quarter
hours lacked by said teacher for permanent certification in tho
subject matter to which assignod.
11;. State the name, race, sox ana marital status of
each teacher in tho Payotte County School System for each of tho
School Years specified in Interrogatory No. 1 who was touching
or ia expected to teach elementary claseeo and indicate lor each
-a -
338
hi3 or her highost lovol of educational attainment, number of yonra
experienced, and type of toucher's certification by the Stato of
Tonno3Boo Department of Education, including a otafceraont aa to
whotber said certification is temporary, provisional, or permanent
and, if temporary or provisional, the number and typo of credit
hours required to mako it permanent. ■
1$. List for each of the years cpocifiod in Interrogatory
No. 1 all teachers, guidance counselora, supervisory and administra
tive personnel and other employees when defendants transferred to
a school of a different race or predominantly of a different race,
Includingi
(a) She name, race, sox and marital status of each suohIperson;
(b) Tho school at which the porson was teaching or
assigned during the provious year;
(c) The subjoct and grade level taught or position
held by each such person;
(d) A certification of each such person in references to
said subject Rnd grade lovol;
(e) A description of the arrangements made for transfer
of each such person;
(f) A description of the arrangements made for orientatici
of all school personnel to roceivo such newly assigned
minority teaching personnel;
(g) A statement of any instances wheroin such personnel
were given a different kind or type of teaching assign
ment than in their provious school and the reason for I
such change.
16. State the ament of pay which would bo rocelved by
the plaintiff were he employed by the defendants for,the School
Year 1969-70.
17. State all qualifications of the plaintiff as ebown
on the records of the defendant.
Avoii i.aChiAhs, jr.Janos dolor Icon Parkway Sul to lltiij. Parkway Towers Nashville, Tennessee 37E19
Attorney for Plaintiff
339
CERTIFICATE OF SIRVIC3
I, Avon II, Williams, Jr., certify that I an the attorney
for the plaintiff in this case and that I have served the foregoing
Interrogatories on the defendant, Hoyto Carether3, Superintendent
of Schools of Fayotte County, Tennessee, and tho defendant, Fayette
County Board of Education,, by mailing same to the offico of said
defendants, Post Office Bon Ko. 8, Summer vo.lie, Tennessee, postage
prepaid, same being their last known addresses, this the 16th day
of August, 1969.
V
AVO.I K . W ILL Iih if, JK.
I
310
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
LEROY SHAW, JR., X
Plaintiff X
VS. X CIVIL ACTION NO. C-69-221
COUNTY BOARD OF EDUCATION OF
FAYETTE COUNTY, TENNESSEE, ET AL, X
Defendants X
X
ANSWER
First Defense
The complaint fails to state a claim against de
fendants upon which relief can be granted.
' '■— Second Defense
Defendants deny the right of plaintiff, or those
for whom he assumes to sue, to any injunction, permanent
or temporary, against the defendants under the allegations
of the complaint and defendants deny that plaintiff, or
those for whom he assumes to sue, is entitled to any relief
as prayed for.
3-11
Third Defense
The plaintiff does not fairly and adequately rep
resent the other members of the alleged class in that the
rights and interests of the plaintiff are not identical or
co-extensive with the rights and interests of the other
members of the alleged class but are different therefrom
and adverse thereto, and in that other members of the
alleged class have rights and interests not possessed by
the plaintiff. In particular the defendants deny that the
plaintiff, who had no tenure and whom the plaintiffs chose
not to rehire for good and sufficient reasons, has stand
ing to sue on behalf and represent the interests of teachers
who remain in the employ of the Board of Education, or of
former teachers the termination of whose employment was
based upon different grounds, or of students attending
Fayette County schools, or of any persons "in other counties
of the State of Tennessee" (see Complaint, page 3, Section
III, line 5), or of any other persons, and defendants
deny that any such other persons are situated similarly to
the plaintiff. Until the plaintiff first establishes that
the failure to rehire him was wrongful and that he is en
titled to reinstatement, he is not a teacher with the
Fayette County schools and has no right to represent those
who are. The defendants deny that this action otherwise
meets the requirements of Federal Rule 23.
Fourth Defense
The plaintiff has failed to exhaust the adminis-
2
342
trative remedies available to him.
Fifth Defense
The claims set forth by the plaintiff in the
Complaint herein, and the issues which he seeks to raise
in this action, except those relating to the failure to
rehire the plaintiff individually, and the relief prayed
for in Section X, 2 of the Complaint are identical to the
claims set forth, issues raised, and relief prayed for in
another, suit now pending in this Court, McFerren, et al,
vs. County Board of Education of Fayette County, Tennessee,
et al, Civil Action No. C-65-136, and the members of the
alleged class whom the plaintiff seeks to represent are
substantially the same as those represented by the main
plaintiffs in the McFerren case, and so much of the Com
plaint as sets forth such claims, raises such issues, and
seeks such relief should be dismissed and the relief
denied.
— Sixth Defense
1
The defendants deny ea.ch and every allegation
set forth in Section 1 of the Complaint and aver that this
‘Court has no jurisdiction of this action.
II
The defendants deny that they have or employ any
such policies, practices, customs, or usages as are described
in Section II of the Complaint and deny each and every other
3
343
allegation contained in Section II (except insofar as
such allegations merely describe the character of this
action and of the relief sought).
Ill
The defendants admit the allegations of the
first sentence of Section III. They deny that this
action meets the requirement of Federal Rule 23 or that
the plaintiff has the right to represent the class of
persons described in the second sentence of Section III,
as is set forth in more detail in the defendants' Third
Defense, above. Defendants admit that the plaintiff
was employed by the Board of Education as a teacher in
the school years 1966-67, 1967-68, and 1968-69, that he
was assigned to the Braden-Sinai school, and that all
of the students and faculty of that school were Negro
during those years, but defendants deny the remaining
allegations set forth in the fourth sentence of Section
III of the Complaint on page 4 thereof. Defendants admit
that a decree was entered on June 21, 1966 providing for
the operation of the schools under a freedom of choice
plan. Defendants deny each and every allegation set
forth in the sixth sentence of Section III of the Complaint
on page 4, but admit the allegations of the seventh sen
tence on pages 4 and 5 except that they deny that there
were at this time any "Negro" or "white" schools in the
county and deny that the plaintiff accurately characterizes
the Court's directions with respect to the plan to be
filed on or before January 1, 1970. Defendants deny each
4
344
and every allegation set forth in Section III of the
Complaint not herein before specifically admitted or
denied.
IV
Defendants admit the allegations of Section IV
of the Complaint.
V
Defendants admit the allegations of Section V
of the Complaint which are set forth on pages 6 and 7
thereof, except that they deny that the plaintiff is
properly qualified to teach elementary children.
VI
The defendants admit that they have retained
in employment some teachers, Negro and white, male and
female, married and single, whose formal qualifications
and certifications, seniority and experience are equal
to or perhaps less than the plaintiffs, including some
without college degrees, but they aver that they have
not knowingly retained any persons as teachers who have
--exhibited the characteristics upon the basis of which it
was determined that the plaintiff shouldnot be rehired.
Defendants admit that they have_hired or expect to hire
new white and Negro, male and female teachers for the
1969-70 school year (including a Negro male teacher), but
deny that plaintiff is qualified to fill the positions to
which these teachers have been assigned and deny that they
have refused to hire any properly qualified teacher because
of considerations of either race or gender, and deny that
5
345
they have or employ any policy, practice, or custom against
hiring, rehiring, or assigning Negro males to any schools.
Defendants deny each and every allegation contained in
Section VI of the Complaint not hereinabove specifically
admitted or denied.
VII
The defendants deny each and every allegation
set forth in Sections VII, VIII, IX, and X of the Complaint
BURCH, PORTER & JOHNSON
By ____________ ______ _________
Charles F. Newman
128 North Court
Memphis, Tennessee
346
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
LEROY SHAW, JR.,
Plaintiff
VS.
COUNTY BOARD OF EDUCATION OF
FAYETTE COUNTY, TENNESSEE, ET AL,
Defendants
l
I
l CIVIL ACTION NO. C-69-221
1
I
l
STIPULATION REGARDING PLAINTIFF'S INTERROGATORIES
AND DEFENDANTS' OBJECTIONS THERETO
It is hereby stipulated by the parties, as evi
denced by the signature of Mr. Avon Williams, attorney for
the plaintiff, on behalf of the plaintiff, and Mr. John
Bagwell, Superintendent of the Fayette County School
System, on behalf of the defendants, that the defendants
will withdraw their Objections to the plaintiff's Inter
rogatories, heretofore filed, except their Objections to
the furnishing of information relating to the years 1965-
1966 and 1966-1967 and that the plaintiff hereby withdraws
such portions of his Interrogatories as call for informa
tion relating to the years 1965-1966 and 1966-1967, pro
vided, however, that it is understood that the defendants
347
have and can furnish only limited information regarding
the marital status of the persons as to whom such informa
tion is requested.
Avon Williams, for the plaintiff
John Bagwell, for the defendants
348
IN ri1 A:./ U N .T rj? }-j 0
OR rr v «J. 1 u Jj wssrj?::?.M dxs:25 DISTRICT COURT .‘RICT OP TENNESSEE
DIVISION
LEROY •JR. ,
FIa mo:. /
VS
)
)
)
CIVIL ACTION
: NO. C-SS-221
EDUCATION OF )
TENNESSEE, etc., )
)
)Defendants. . .)
COUNTY BOARD OF
FAYETTE COUNTY,
0 'C 3. j_ 7
OF ANSWER OF COUNTY
FAYETTE COUNTY, TE
TO INTERROGATOR!
......•..BY-PLAIN
BOARD OF EDUCATION
NNESSEE, DEFENDANT,
ES PROPOUNDED
r pypT?
Attached hereto Answers
cause, prepared and furnished
Superintendent of Fayette Cou
Board of Education for Favett
to Interrogatories in this*
by Mr. John E. Bagwell,
nty Schools and Secretary cf
e County, Tennessee.
G. Wynn Smith, Jr.
Canada, Russell s Turner
1213 Union Planters Bank Bldg.,
349
r The n a m e s a n d a d d r e s s e s o f s c h o o l s u s e d d u r i n g t h e s c h o o l
i r n a r d 1 - 8 R o u t e 2, M a s o n
:a d e n 1 - 8 B r a d e n
i r f d e n - S i n a i 1 - 8 B r a d e n
a n a c a v i l l e 1 - 8 R o u t e l , B o x 1 2 0 4 , O a k l a n d
B s t s i d e 1 - 8 R o u t e 6 , S o m e r v i l l e
V / e t t e C o u n t y T r a i n i n g 1 - 8 R o u t e 4 , S o m e r v i l l e
c f f e r s o n 1 - 3 R o u t e 1 , S o m e r v i l l e
c S r a n g e C o n s o l i d a t e d 1 - 8 L a G r a n g e
a s cow 1 - 8 M o s c o w
ji. Z i o n 1 - 8 O a k l a n d
a k l a n d 1 - 8 O a k l a n d
s k l a n d C o n s o l i a ’ a t e d 1 - 8 O a k l a n d
s r k s 1 - 8 R o u t e . 3 , S o m e r v i l l e
a s s v i l l e 1 - 8 R o s s v i l l e
a n e r v i l l e 1 - 8 S o m e r v i l l e
o r i n g h i l l 1 - 8 R o u t e 4 , M o s c o w
- . L u k e 1 - 8 R o u t e 2 , C o l l i e r v i l l e .
U l i s t o n 1 - 8 W i l l i s t o n
l e l d s 1 - 8 R o u t e 1 , A r l i n g t o n
j o r a r . - . c 1 - 3 L a G r a n g e
i y s C r o s s i n g 1 - 3 M oscow '
1 - 8 R . F . D . , C o l l i e r v i l l e
b r .g t c .v . . 1 - 8 R o u t e 2 , M a s o n
B e e r . 1 —o M a c o n
- - - ~ • 1 - 8 R o u t e 1 , O a k l a n d
. c k o r y 1 ‘.h e 1 - 5 H i c k o r y W i t h e
350
f o n t . 1 9 6 7 - 1 9 6 8
G a r n e t t S p e c i a l E d u c a t i o n R o u t e 2 , S o m e r v i l l
F a y e t t e C o . H i g h 9 - 1 2 S o m e r v i l l e
W a re H i g h S c h o o l 9 - 1 2 R o u t e 4 , S o m e r v i l l e
T h e n a m e s a n d a d d r e s s e s o f t h e s c h o o l s t h a t w e r e u s e d d u r i n g 1!
B e r n a r d 1 - 8 R o u t e 2 , M a s o n
B r a d e n 1 - 8 B r a d e n
B r a d e n - S i n a i 1 - 8 ■ B r a d e n
C a n a d a v i l l e 1 - 8 R o u t e 1 , O a k l a n d
E a s t s i d e 1 - 8 R o u t e 6, S o m e r v i l l e
F a y e t t e C o . T r a i n i n g 1 - 8 R o o u t e 4 , S o m e v i l l e
F i e l d s 1 - 8 R o u t e 1 , A r l i n g t o n
G a r n e t t ' S p e c i a l E d u c a t i o n R o u t e 2 , S o m e r v i l l e
H a y s C r o s s i n g 1 - 8 M o s c o w
J e f f e r s o n ' „ 1 - 8 R o u t e 1 , S o m e r v i l l e
K i r k 1 - 8 R F D , C o l l i e r v i l l e
L a G r a n g e ' 1 - 8 L a G r a n g e
L a G r a n g e C o n s . 1 - 8 L a G r a n g e
K o n g t o w n 1 - 8 R o u t e 2 , M a d o n
M o s c o w _1 l 00 Mo s c o w
M t . Z i o n 1 - 8 O a k l a n d
O a k l a n d 1 - 8 O a k l a n d
O a k l a n d C o n s . 1 - 8 O a k l a n d
P a r k s 1 - 8 R o u t e 3 , S o m e r v i l l e
E o s s v i l l e 1 - 8 R o s s v i l l e
S o m e r v i l l e 1 - 8 S o m e r v i l l e
S p r i n g - h i l l 1 - 8 R o u t e 4 , M o s c o w
S i . L u k e 1 - 8 R o u t e 2, C o l l i e r v i l l e
351
' / c o n t . 1 9 6 8 - 1 9 6 9
W a r r e n 1 - 6 R o u t e 1 , O a k l a n d
W i l l i s t o n 1 - 8 W i l l i s t o n
F a y e t t e C o . H i g h 9 - 1 2 S o m e r v i l l e
W a r e H i g h S c h o o l 9 - 1 2 R o u t e 4 , S o m e r v i l l e
T h e n a m e a n d a d d r e s s e s o f t h e s c h o o l s u s e d i n 1 9 6 9 - 1 9 7 0 w e r e
B e r n a r d —k i CO R o u t e 2 , M a s o n
B r a d e n 1 - 8 B r a d e n
B r a d e n - S i n a i 1 - 8 B r a d e n
E a s t s i d e
a .
1 - 8 R o u t e 6 , S o m e r v i l l e
G a r n e t t ' S p e c i a l E d u c a t i o n R o u t e 2 , S o m e r v i l l e
J e f f e r s o n 1 - 8 R o u t e 1 , S o m e r v i l l e
L a G r a n g e C b n s . 1 - 3 L a G r a n g e
M o s c o w 1 - 8 M o s c o w
O a k l a n d 1 - 8 O a k l a n d
O a k l a n d C o n s . 1 - 8 O a k l a n d i
S o m e r v i l l e 1 - 8 S o m e r v i l l e
S p r i n g h i l l $ - 8 R o u t e 4 , M o s c o w
W i l l i s t o n 1 - 8 W i l l i s t o n
F a y e t t e C o . H i g h 9 - 1 2 S o m e r v i l l e
W a r e H i g h n S c h o o l 9 - 1 2 R o u t e 4 , S o m e r v i l l e
C e n t r a l 1 - 8 R o u t e 4 , S o m e r v i l l e
S o u t h w e s t 1 - 8 M a c o n
352
#2 S c h o o l s d i s c o n t i n u e d s i n c e 1 9 6 7 - 1 9 6 8 s c h o o l y e a r w e r e
C s n a d a v i l l e 1 9 6 8 - 1 9 6 9
F a y e t t e C o u n t y T r a i n i n g 1 9 6 8 - 1 9 6 9
M t . Z i o n 1 9 6 8 - 1 9 6 9
P a r k s 1 9 6 8 - 1 9 6 9
R o s s v i l l e 1 9 6 8 - 1 9 6 9
S t . L u k e 1 9 6 8 - 1 9 6 9
F i e l d s 1 9 6 8 - 1 9 6 9
L a G r a n g e 1 9 6 8 - 1 9 6 9
H a y s C r o s s i n g 1 9 6 8 - 1 9 6 9
K i r k - 1 9 6 8 - 1 9 6 9
L o n g t o w n 1 9 6 8 - 1 9 6 9
M a c o n 1 9 5 7 - 1 9 6 8
V f e r r e f a 1 9 6 8 - 1 9 6 9
H i c k o r y W i t h e 1 9 6 7 - 1 9 6 8
353
" 3 S c h o o l s t h a t w e r e o p e n f o r t h e f i r s t t i m e i n 1 9 6 9 - 1 9 7 0 w e r e
C e n t r a l _ 1 - 8
S o u t h w e s t 1-8
354
T ' n i s i n f o r m a t i o n w a s g i v e n i n A n s w e r 1 .
355
# 5 N o n e o t h e r t h a n t h e t w o n e w s c h o o l s g i v e n i n A n s w e r # 3 .
356
•5X S
20 - ( a ) , ( b ) , ( c ) . (d )
TOTAL NUMBER OF STUDENTS BY RACE AND GRADE - 1950-70
LCiMOL GRADE NEGRO XfUTTH TOTAL
Bn*: K*rd K - 0- 0 0
1 25 0 25
2 16 0 16
3 19 0 19
4 19 0 19
5 18 0 18
6 21 0 21
7 11 0 11
\ 8 11 0 11
E.M.R. 0 0 . 0
TOTAL 140 0 140
Braden K 0 0 . 0
1 17 14 31
2 12 20 32
3 9 15 24
4 13 21 34
5 11 21 32
6 ‘ 12 20 32
7 14 24 38
8 7 13 20
E.M.R. 0 0 0
iO i r.i. 95 148 243
Braden-S ina i K 0 0 0
1 27 0 27
2 23 0 23
3 18 0 18
4 22 0 22
, 5 34 0 34
6 19 0 19
7 26 0 26
3 24 0 24
E.M.R. 0 0 0
TOTAL 193 0 193
C e n t ra l K 0 0 0
1 88 7 95
2 65 4 69
3 80 7 87
4 80 1 81
5 84 2 86
6 69 9 78
7 90 7 97
8 95 7 102
E.M.R. 10 0 0
TOTAL 661 44 605
Host S ide K 0 0 0
1 26 0 26
2 21 0 21
3 24 0 24
4 27 0 27
5 29 0 29
6 25 0 25
7 28 0 28
8 23 0 23
E.M.R. 0. 0 0
203TOTAL 203 0
357
20 - ( a ) , ( b ) , ( c ) , ( d )
TOTAL NUMBER OF STUD31TS BY RACE AND GRADE - 1969-70
i
SCHOOL GRADE NEGRO WHITE TOTAL
Garnett K 0 0 0
1 0 0 0
2 0 0 0
3 0 0 0
4 0 0 0
5 0 0 0
6 0 0 0
7 0 0 0
8 0 0 0
E.M.R. 5 '43 4S
TOTAL 5 • 43 48
J e f f e r s o n K 0 ' 0 0
1 S3 0 93
2 77 0 77
3 51 0 51
4 72 0 72
5 • 68 0 68
6 57 0 57
7 73 0 73
8 59 0 59
E.M.R. 0 0 0
TOTAL 555 0 555
LaGrenge Cons. K 0 0 0
1 21 0 21
2 19 0 IS
3 25 0 25
4 22 0 22 -
5 23 0 28
6 19 0 19
7 15 0 15
8 26 0 26
E.M.R. 0 0 0
TOTAL 175 0 175
Moscow K 0 0 0
1 17 24. 41
2 19 26 45
3 18 32 50
4 18 22 40
5 17 . 24 41
6 20 12 32
7 11 • 24 35
8 15 25 40
E.M.R. 0 0 0
TOTAL 135 189 324
- . " . ’ " M Elementary K 0 0 r-
I 13 25 32
2 5 24 29
3 4 ■ 15 19
4 9 19 23
5 5 12 17
6 4 23 27
7 10 17 27
8 6 15 21
E ,M«R • 0 0 0
TOTAL . 56 150 206
358
TOTAL NUMBER OF STUDENTS BY RACE AND GRADE - 1969-70
20 - ( a ) , ( b ) , ( c ) , (d )
SCHOOL GRADE NEGRO WHITE TOTAL
K 0 0 0
Oakland Consolidated 1 71 0 71
2 59 0 59
3 46 0 46
4 56 0 56
5 55 0 55
6 35 0 35
•7 48 0 48
8 57 0 57
E.M.R. 0 0 0
TOTAL 427 0 427
S o m er v i l l e K 16 9 25
1 22 43 65
2 23 45 68
3 21 31 52
4 31 34 65
5 18 44 62
6 22 51 73
7 . 20 40 60
8 21 49 70
E.M.R 32 0 32
iui'AL 226 337 563
S p r in g h i l l K 0 0 0
1 57 0 57
2 5? 0 57
3 59 0 59
4 50 0 50
5 49 0 49
6 32 0 32'
7 . 46 0 46
8 42 0 42
E.M.R. 0 0 0
TOTAL 392 0 392
Southwest K 0 0 0
1 99 4 103
2 79 2 81
3 74 2 76
4 93 3 96
5 69 2 71
6 66 3 69
7 59 0 59
8 66 1 67
E.M.R. 0 0 • 0
TOTAL 605 1 7 622
K i l l i s t o n K 0 0 0
1 4 5 9
2 1 6 7
3 2 8 10
4 4 8 12
5 1 8 9
6 5 4 9
7 3 14 17
8 1 6 7
E.M.R. 0 0 0
TOTAL 21 59 eo
359
2 0 - ( a ) , ( b ) , ( c ) , ( d )
TO T A L NUMBER OF STU D E N TS BY RACE AMD (GRADE - 1 9 5 9 - 7 0
SCH O O L GRADE NEGRO »YH 1 TE TO T A L
F a y e t t e C o . H i g h 9 31 1 3 5 1 6 7
1 0 2 2 1 2 5 1 4 7
11 2 3 1 1 6 1 3 9
1 2 11 8 2 9 3
TO TA L ' 8 7 4 5 9 5 4 6
IV. P . W a r e H i g h 9 3 6 4 0 3 6 4
1 0 3 5 7 o • 3 5 7
11 2 4 3 0 2 4 3
1 2 2 4 0 0 2 4 0
T O T A L 1 2 0 4 0 1 2 0 4
(*?
TOTAL NUMBER OF STUDENTS BY RACE AND GRADE - 1963-60
20 - (a ), (b), (c ) , (d) 360
•'• 'IT GRADE
RACE
TOTALNEGRO WITTE
Bernard
TOTAL
K 0 0 0
i 23 0 26
2 23 0 27 :
3 22 0 22 !
4 22 0 22 I
5 22 0 22 1
6 23 0 23
7 13 0 13
8 1 6 0 To
E.M.R. 0 0 0
166 0 160
Braden
TOTAL
K 0 0 0
1 Q 2 / 1 3 5
2 • l 13 I 14
3 9 14 23
/, 12 16
5 4 10 23
6 9 15 24
7 5 14 19
8 3 10 22 1
E.M.R. 0 0 0
43 133 1 76 '
Braden-Sinai
TOTAL
K 0 0 0
1 34 0 34 J
2 17 0 17
3 20 0 20
A 25 0 25
5 29 0 29 -
6 20 0 ! 20 r ~
7 1 7 0 1 ?
8 16 0 16 ........
E.M.R. 0 0 0
178 0 1 73
C-BHaCa v i l l e
TOTAL
K 0 0 0
1 26 0 26 ;
2 12 0 12 1
3 1 6 0 i o i
4 1 25 0 25
5 13 0 13
6 20 0 20 . .
7 18 0 13
8 16 ■ -0 . 1C . . . . .
E.M.R. 0 0 G
146 0 1 46
East S ioe
TOTAL
K 0 . 0
i 26 0 1 26 :
2 27 0 i 27 !
3 23 0 1 23 ! .. „
4 34 0 1 34 1 ______
5 23 0 1 23 | ....... .....................
6 25 0 1 23 1
7 24 0 I 24
o 22 0 i 22
E.M.R. 0 0 i 0
204 0 204
20 - ( a ) , ( b ) , ( c ) , (<i) 361
TOTAL NUMBER OF STUDENTS BY RACE AND GRADE - 1903-60
20 - ( a ) , ( b ) , ( c ) , (d ) 362
TOTAL NUMBER OF STUDENTS BY RACE AND GRADE - 1969-69
------- ■--------------- - ....
SCHOOL GRADE
RACE
TOTALNEGRO WHITE
K irk
TOTAL
K 0 0 0
1 8 0 j 8
2 6 0 ! n
3 6 0 1 6
4 6 0 1 6 *
5 5 ! 0 1 5
E.M.R. 0 1 0 ■ 0
31 • o 31
LaGrange Cons.
TOTAL
K 0 1 0 0
1 24 1 0 24
2 30 j o | 30
3 32 0 1 32
4 | 30
iOClO
5 ’ 23 0 1 23
6 24 0 24
7 35 0 35 I
8 22 0 22 |
E.M.R. 0 0 0 t
220 0 220
LaGrange
TOTAL
K 0 0 0
1 0 2 2 !
2 0 4 4 I
3 0 4 4 I
4 1 0 2 2 t
5 1 5 6 i
6 0 5 5 I
7 0 4 4 I
8 1 5 5 i
E.M.R. 0 0 0
2 26 23
Longtown K 0 0 0
1 9 0 9 ! .
2 /, 0 4 !
3 6 0 6 I
A 9 0 9 I
5 3 0 3 i
6 6 0 1 6 !
7 12 0 12 !
8 6 0 j 6 |
E.M.R 1 0 0 0 i
TOTAL 55 0 55 !
Moscow K 0 0 c
1 i 10 | 80 | 40 i
2 1 7 | 29 | 36 1
3 1 12 I 19 ! 31 I
4 I 14 | 2'. | 35 !
5 i 10 | 15. 2 j 1
6 I 14 ! 25 89 |
7 i 9 f 20 | "K'l ' f. ■ »
8 1 10 i 72 ! t
E.M.R. 0 1 0 i 0 i
TOTAL 86 | 181 ! 267 ;
I
j
TOTAL NUMBER OF STUDENTS BV RACE AMD GRADE
20 - ( a ) , ( b ) , ( c ) , (d ) 363
1963-CO
SCHOOL GRADE
RACE
NEGRO WHITE TOTAL .
Mt. Zion
TOTAL
;< 0 0 0
1 14 I 0 ! 14 i
2 13 0 | 13 1
3 13 0 1 13 !
4 12 0 | 12 1
5 18 0 1 16 1
6 12 I 0 ! 12 i
7 19 0 ! 19 !
8 11 0 I ' l l i
F..M.R. 0 0 0 I
112 0 11?
Oakland Cons. K 0 0 0
TOTAL
1 51 0 ! 51 .
2 42 C 42
3 56 0 I 56 1
4 ' 32 | 0 32
5 32 0 32
6 36 0 36
7 ! 46 0 46
8 I 34 . 0 34
E.M.R. 0 c 0
329 0 329
Oakland
TOTAL
K 0 0 0
1 3 25 30
2 1 15 16
3 6 I 16 I 22 '
4 5 I 15 i 20
5 2 I 14 16
6 1 | 18 19 I
7 7 12 19 I
8 5 11 16
E.M.R. 0 C 0
32 126 158 ’
Parks K 0 0 0
1 2 5 7
2 1 7 8 |
3 1 8 9 j
4 2 9 11 I
5 2 7 9 I
6 1 10 11 1
7 2 5 7 i
8 1 3 10 1
TOTAL
E.M.R. 0 0 0 i
12 60 72
R o s s v i l l e
TOTAL
K
1
2
3
4
5
6
7
8
E.M.R.
0
52
33
37
38
27
25
34
24
0
270
0
0
0
0
0
0
0
0
0
0
0
0
52
33
37
38
27
23
34
24
0
2 70
(
i
' | 1
v ,
.
20 - (a ), (b), (c ) . (d)
TOTAL NUMBER OF STUDENTS BY RACE AND GRADE - 1968-69
365
20 - ( a ) , ( b ) , ( c ) , (b )
TOTAL NUMBER OP STUDENTS BY RACE AMD GRADE - 1968-69
366
School • ■ ‘ - 1 “ 1
Male [Female f ;a lo -[Female
366
C 0
a l e [Female Pa lo [Female f-
E
a l e
| F - G
Female i;a lo [Female Name Race Sox M a r i t a l S ta tus
Bernard T a r r ie d ___1 _ _ -...3 .. - . 1 , Fred Whitmore N M M arr iedS in g le
- 2 - - - - - _ _ _
3racen Married
S in g le
- 1 - I - - - 3
1
i - . 1 James McKnight W M- M arr ied
- - - . r 2 _
3raden-Sir.a i T a r r ied 1 3 - - Ransom Person N M Marr iedS in g le
- 1 - - - _ _ _ _
C anadav i l le Ta rr ied 1 4 - - 1 _
S y l v e s t e r Person N M Married
S in g le «
- - - - - _ _ _
E as ts ide Married 1 4 - - 1 1 1 .
M att ie L . Morrow N F Married
S in g le
- 2 - - - - __ _
Faye t te Co. Married 3 16 _ _ “ - 1 - _ _
W alte r Bond N M .MarriedI r a in in g El err. S in g l e
1 5 - - - _ _ _ _
F ie ld s Married - 1 _ - „ _ _
L u c i l l e W i ley N F S in g le
S in g le
- 1 - - - 1 _ _ _
G arnett Married - - - I
1 “ 1 2 _ 1 Edward Brown W M M arr ied
S in g le
- - - - - - - - . _
Hays Cross ing Married - 2 - - - 1 _
Annie L . Doyle N F Married
S in g le
- - - - _ _ ' _ _ _
H ickory Withe Married - - - - -
- - Katherine R u s se l l W F S in g le
S in g le
| - - - -
—
1 -
i
- 1
EXHIBIT "B" School year 1967-1968
367
School
A I B
Male [Female i ja le if'emale |c
C D j E j
l o [Female Male [Female Male [Female M
F
a le [Femalr.
G
Name Race Sex M a r i t a l S ta tus
J e f f e r s o n Married 2 16 | _ j -
1
- ■ I _ | I - | - I - - Harry Coleman N M M arr ied
S in g le
- 1 - I - - - - - - - -
K irk Married -
* - | - - - - - - - - _ Joe L . Jones 1 N M S in g le
S in g le I
_ 1 - _ - -
LaGrange Married - - - - - - 1 - - - 1 Anse l G r i f f i n W F M arr ied
S in g le
- - _ - - - 1 1 - -
_ - -
LaGrange Cons Married 1 5 - - 1 -I widoK - - - - - S a l l i e Ford N F Widowed
S in g le •
1 - - -! - - - - - -
Longtown Married 1 1 - - ■ - - - - - - Dennis H a l l N M M arried
S in g le
_ _ - - _ - - - - - - -
Macon Married _ _ _ - - - 2 _ - - 1 M argaret Donnell W F Marr ied
S in g le _ _ _ - - - M _ -
I.'osco W Married _ i - _ - _ 1 - - 1 Dorothy Morton W F M arr ied
S in g le
_ _ - . - - - 1 - - - - •
f-'.t. Zion Married 1 1 - - - 1 - - - - - - O l l i e J . To lds N F Marr ied
S in g le 2 0 c - 4. - - - - - -
Oakland Married _ - - - 1 4 - - 1 - C ar l Wayne W il l iam s W M Married
S in g le _ - _ - • - - _ - -
3 Oakland Cons.Married 1 9 - 1 - - - - - * - - Emmitt Person N M Married
S in g le I4----- 1 - - - - - < - - - -
•n EXHIBIT "B" School year 1967-196£
A B C 368
?arks Married _ | v | _ |
l
I
- • , I ,1- 7 ” ,
MU1MU '-'VC A ‘■<UM.cH ■JLrM.Uo
W. A . Pow e l l W M M arr ied
S in g le
-
I
- I _ 1
.- .c ssv i l le Married - 7 _ _ 1 S h i r l e y A tk ins H fi Marr ied
S in g le
- 2 .. _ _ _
S o m erv i l l e Married - - - - _ 2 11 1 David G ivens W M Marr ied
S in g le
- - - _ - _ 2 5 _
S t . Luke Married
S in g le
1 3 - _ _ 1 _ _ W i l l i e G. Rose N F Married
•
- - _ _ _ _ _
S p r in l jh i l l Married 3 5 _ 1- _ . W i l l i e J. Waddell N M Married
S in g le
- 4 - - M _ _
V.’arren Married - 2 - - _ 1 _ E the l H a r r is N F Marr ied
S in g le
- - - _ _ • _ _ _ _
VJ i l l is ton Married - - - - _ _ 2 . _ 1 Inez Rike W F Married
S in g le
- - - - _ 1 _
Married
S in g le
Fayet te Co. H.Ea.rried - 1 _ 9 6 1 1 J . R. Morton W M Married
S in g le
_ _ _ _ _ 2 _ 1
.7. ? . Ware H .S la rr icd 14 8 - 1 2 1 1 «. _ _ W i l l iam Vasser N N M Married
S in g le
6 7
I 1 -...
- - 2 - - - -
EXHIBIT "B" School year 1967-1968
School • '
A
Mnlo |r
v ]
ervarle ■•,c
B I
l e ' ]Female ?».:
C 369 : D j E
l i e (Female /[ale (Female J,'alo !Female >'
V
a le Female
G
Name Race Sex M a r i t a l S ta tus
Bernard Married
i
1 I 3 - i - !
1 I - . i _ I i
i _ _
- Fred Whitmore N M Marr ied
S in g le I
I 1 - - !
- ! - ** i - _ _
Braden Married j - 1 - i
- I - - i ! 2 1 _ C. L . Smith K'yS M M arried
- S in g le . ! » - - .. _ _ 2 _
Braden-Sinai Married 1
1
4 _ - 1 _ _ _ _ _ Ransom Person N M Marr ied
S in g le
1 1 - ! _ _ _ _ _ _
C anadav i l le Married - 5 - - _ 1 _ _ _ Gertrude Person P N F Married
S in g le - - - _ - _ - _ _
Easts ide Married 1 4 - - - 1 1 1 _ _ _ _ M att ie L . Morrow 1 N F Married
S in g le _ - - _
- _ __ _
Fa ye t te Cou afcyM.arried 2 15 _ _ “ -
_ _ _ _ W a lte r Bond N M Married
T ra in in g Hi em .S ing le
| _ 6 _ _ _ _ 1 _ _ _ _ _
F ie ld s Married _ 2 _ _ _ 1 _ _ _ _ _ . L u c i l l e W. Cartwrigh t N F Married
S in g le
_ _ - - _ -
i I
_ _ _ _ •
Garnett Married - - -
_ - - 1 3 - - 1 _ Edward Brown b W M Married
S in g le
_ -
-
- - - - - - - _
Hays Crossing Married - 2 - - - 1 - - _ - - _ Annie L . Doyle N. r Married
S in g le
_ - - «. _
J e f f e r s o n Married 3 14 _ 1 _ _ _ Harry Coleman N M Married
S in g le
_ 2 _ _ 1 _
EXHIBIT " 3 " School year 1968-1969
i » i
A
[
B
I
c D
I E F G
School • ■ Male (l-eir.ale !\ale ■ (Female l ;a lc (Female i ja lo (Female ia l e (Female Male Female Namo Paco Sox M a r i t a l S ta tus
K irk Married - 1 - | - I
I
~ 1 • I - I -
- -
O l l i e To lds N F M arr ied
S in g le
- - - - - - - -
LaGrange Married - - - - - . - 2 - - - 1 Anse l G r i f f i n W F M arr ied
S in g le
- - - ! - - - - - - - -
L~Grar.ge Cons }*3 Y r i sd 1 5 - - - widow - 1 ~ _ - - S a l l i e Ford N F AW/Widowed
S in g le
- 1 - - - - - - - - -
Longtown Carr ied 1 - - -
1 "
- - - - - Dennis H a l l ’n M M arried
S in g le
- - - - - - - - -
-
'■'os C O W Married - 1 - - - 1 7 - - - 1 Dorothy Morton w F Marr ied
S in g le
- - - - - - - 1 - - - -
-'■'t - Zion Married 1 1 - - 1 - - - - - James P. Mosby N M Marr ied .
S in g le
- 2 - - - - - - - - - -
Oakland Married - - - - - 1 - 4 - — 1 - W il l iam Shelton W M Marr ied
S in g le
- - - - - - - - - - - - .
Oakland Cons.Varr led 2 8 - - 1 - - - - - - - W. E. Person N M M arr ied
S in g le
- 1 - - - - - - - - - -
fsrXs Married - - - - - - 1 1 - - 1 - W. A . Powell W M Married
S in g le
- - - - - - - ■ 1 - - - -
R o s s v i l l e Married - 8 - - - 1 - - - - - S h i r l e y Atkins N F Married
S in g le
1
- - - - - 1 i - - -
EXHIBIT "B" School year 1968-1969
A
I
B
!
C
371
D
I
E F G
School ■- ■ Male 'emalo !■}<U e ' |FemaIe f ,a le lFetnalo Male [Female a l e [Female Male [Female Name Race Sex M a r i t a l S ta tus
Somervi l le ; Married - 1
- I -
!
' 1 - , | ’ I 14 - - 1 - C ar l Wayne W il l iam s W M M arr ied
S in g le
- - - - 1 1 6 - - - -
S p r in g h i l l Married 2 5 - - 1 - 1 - - - - - W i l l i e J . Waddell N M M arr ied
S in g le
- 4 - - - - - | - - - - . -
S t . Luke Married - 3 - - - 1 - - - - - - W i l l i e G. Rose N F M arr ied
S in g le
- - !
"
- - - - - - - - -
Warren Married - 2 - - i - - - - - - E th e l H ar r is M F Marr ied
S in g le
- - - - - - - - - - • -
V l i l l i s t o n Married - - -
- -
2 - - - 1 In ez Hike W F Marr ied
S in g le
- - - -
’
- - - -
f e r r i e d
t
i
S in g le
Fayette^ County,,r r i e d - - - - - 12 7 1 - 1 - J . R. Mofcton W M Married
S in g le
- 1 - - - - 2 1 - - - 1 .
V/. P . '.'fare M a r r i e d 14 6 - 1 2 1 3 - - - - - W il l iam Vasser N M M arr ied
S in g le
8 6 - - - 3 - - - - -
Married
S in g le
Married
S in g le
,
EXHIBIT "B" School
S
year
1968--1969
4 ----------< k
372
School
I C l D lf. a 1 n IPomraliTi n l a i F n r n n l n l .n
Bernard Married 1 I 1 | _ |
i
1 ! - • I - t
_ _ Fred Whitmore M M arr ied
S in g le
1 _ 1 1 _ —
Braden Marr ied _ 2 1 4 _ _ 1 C. L . Smith W M M arr ied
S in g l e J I
- I _ | 1 . _
Braden-S ina i Married j 2
!
3 I 1
I
- s 2 — _ Ransom Person N M M arr ied
S in g le J
«. _ _ _ _ _
C en tra l /ferried 1 3 15 _ 1 3 1 1 1 W alter Bond N M Married
S in g le
_ 3 _ _ _ .. _ 2 _ _ Paul Gla'ss W M M arr ied
H asts ide Married 1 4 _ ... 1 1 — 1 Warren Moore W M M arr ied
S in g le
1 _ _
"
- _ .. _
3 m e t t Married _ _ _ _ 1 3 _ 1 Edward Brown W M M arried
S in g le
_ _
i -
— — _ _
J e f f e r s o n Married 1 12 ! - 1 1 2 _ Harry Cloeman N M Marr ied
S in g le
3 _ 1 _ ■
LaGrange Married 1 3 _ — widow 1 1 .. S a l l i e Ford N F Widowed
S in g le
_ 1 _ __ ..
Moscow Married _ 1 _ 2 S _ — 1 P h i l l i p Farmer W M Married
S in g le
1 _ 2 _ ..
Oakland Married _ j 2
_ _
j - 1
' '
S 4 1 W il l iam Shelton W mM. Married
S in g le
l
l ~
_ _ .. , 1 „ «. — _
EXHIBIT
~5------------
"B" School year
i t i i i
1969-1970
• 1
Name Race Sex M a r i t a l S ta tus
!
A
1
3
I
C . D
I
E F G
School .. . • !
t Male |Fcmale M-l i e |Female h a le iFemale Male jFcmale !,ale ^Female Malo Female Name Race Sex M a r i t a l S ta tus
Oakland Cons. Married 1 11 I _ | - I
i
1 I - • I - ! Emmitt Person N M M arr ied
S in g le
_ _ _ I
. -... ( 2
S o m e r v i l l e Married 1 1 _ _ 1 11 1 C ar l Wayne W il l iam s W M M arried
S in g le
_ 1 1 5
S p r in g h i l l Married 2 6 1 1 W i l l i e J . Waddell N M M arr ied
S in g le
4 _ *
1 1 _
Southwest Married a i 19 1 _ 2 1 1 Howard Walker N M
S in g le •
1 _ 1 _ Robert Donnell W M
W l l l i s t o n Married 1 _ 1 1 . Inez R lke W F Marr ied
S in g le
.. _ — 1
Married
S in g le
Faye t te Co. H a r r i e d 1 3 .. _
i i 6 1 1 J . R. Morton W M M arried
S in g le
». 1 _ _ _ 1 3 _ 1 •
W. P . Ware H• C a r r i e d 11 7 i - 1 2 1 3 _ 1 W i l l ia m Vasser N M Marr ied
S in g le
8 5 _ 3 1 _
re s ig n ed and was r ep la ced by
Samuel Carpenter N M Mpyri r*d
Married
S in g le
Married
S in g le
I1
1 —
-£s <> EXHIBIT ”B’ School year 1969-1970
•»« c . Sr f o • ypov 1967-68 ’ Classroom Teach. \Th.,iuV ? ••= 374
Sch o o l _______________ j Vacancy j\'ew P o s i t i o n Crade/Subject ;__________ How F i l l e d
Bernard X
J .
JL
Newly Employed Teachers T ra n s fe r r e d Teachers
Race j Sex j M a r i t a l Status Race >ex M a r i t a l Sta tus | Former Schoo l
5 th N F S S p r i n g h i l l
IT
X Remedial N F S B raden -S iaa i
Braden X 5th w M M LaGrange
Braden X 2nd N F M Braden-S ina i
Braden-S ina i X Rem. Read. N F s Bernard
Car.adavi l le X 4th N F M LaGrange
F .C .T . E len . X 6th N M M ' A lexander
It II X 4th N F M M i l l e r
H tl X 4 th N' t t N F S He. b revV
tl 11 X 4th N F M Hodges
„ X 4th N F M S t . Luke
It tl | X ; 2nd N F S S t . Luke
It It 1 X 7-8 N M M Longtown
II II X 7-8 N M S
"EFFESSON X 6th N P S
.. X 2nd N F M Alexander
.. X E.M.R. N F M Alexander
II X 3rd
1
1
N F M East S ide
1
1 \
1
1 1
i... . - ... ... ....
1» V ^ 1
1 i
)
..'O O* C* d « *
Schoo l i
ar y ea r 1967-68
Vacancy ;Mcw P o s i t i o n 3̂
Classroom To
rade/Sub jec t j
ach tr Vacancies 375
, How F i l l e d £ * •
1 Newly Employed Teachers I r a n s f e r r e d Teachers •,
1Race | box | M a r i t a l Status Raco pox J M a r i t a l Sta tus ! i-oriser Schoo l
K irk X 7-8 i N . M s
------ IT --------------
Moderns ....................
K irk X 1 ,2 ,3
1
i 1 N F M Mt. Zion
LaGranqe X
1
1 5-8 w i M s
X 1 5 th N F M K irk
LaGranqe Cons.
1
X 1 7th N F M S o r i n g h i l l
LaGrar.oe X Remedial 1-8 N F M Oakland Cons.
T.or.c town X 5-3 N M M W irt
Koscow X 6th
i
vi | M M
' * t . Zion .
I
1 ,2 t N F M Hebrew
Oakland X P r in . i w M M FCHS
Oakland Cons. X I 4-5 N P S C anadav i l le
Oakland Cons. X | 6th N F M C an a da v i l le
R o s s v i l l e X p r in . 4th . N F M G r i f f i n
R o s s v i l l e X | 3rd | N F M G r i f f i n
R o s s v 111 e X 5th 1 N F M S p r in g h i l l
R o s s v l l l e
1
1 X 1 st N F S Hebrew
R o a s v i l l e . x 1 . 1st N F M Alexander
C o n o r v i l i e X 7,3th Math. w M
1
S
O nr.crv i l la 1 X
I
j 4th .
1
; f
1
4 M
i I
J _____________________
1 j j i
3 b Classroom Tea chi e Vjcancl 376'/ear 1967-63
School__________________ ; Vacancy jh’ ew P o s i t i o n jGrads/Subjcct | __________________ How F i l l e d
S o r i n c h i l l
I
X 1
| Newly Employed Teachers } T ra n s fe r r e d Teachers
j Race < hex ! M a r i t a l Status | Race Sox j M a r i t a l Sta tus J T’o m c r Schoo l
3rd M P _________s__________ B la ck w e l l
W i l l i s to n x i 4 ,5 th w i F M
1 X Coach w M M
1 x 1 II w M M
:i
. 1 1 II w M M
X 11 w M M
it X
11, f2 tn
Eng lish w F S
ii X 1Oth Eng. w F M
X Sth Math. w M M Oakland
„ X Guidance « M S
„ X Vo.Homs Ec . w F M
Wire X Ma th w M M FCHS
Ware X 6 ,7 ,8 th N M M B lackwe l l
Ware X Science w M S
v;*»r e X P.H. N M S
j j
1 ■
; j
j
l
1
1 _ . .
!
J.. 1 i i
3773 . ... c . a.- ' c ; y ea : ■ 963-69 ____ Classroom Teach. \ i/aoaraj-1 >•<?
School__________________' Vacancy |>iew P o s i t i o n forado/Subjoct ] ___________ ___, ' How F i l l e d
Braden
i
!
x !
I
! Newly Employed Teachers Trans l 'orred Teachers
j Race i hex | M a r i t a l Status Raca >OX M a r i t a l Status Former Schoo l
7 th W |
i
(
F 1 M
M X
i
i 5 th w i 1
F 1 M
i i
X ! - I 1 s t W F S H icko ry Withe
C.~ noon v i l i e X | 6-7
i
i N F . M R o s s v i l l e
p .C .T . Rl«vn* X 7/8 S c i . W M ! M
II u X 2nd N. r S
:i n X 5 th N F M If. P . Ware
X SV.R W F M
- -f -.vc on * i 6th N F S Oakland C on s .
.
f
7-8 i N M M S t . Luke
K i r k X | a l l grades N C M Mt. Zion
- - Qe ! x 1 5-7 w F M
T>Cnnnae Cons.
1
1 X
i
1 2 w F M
Vosccw I X
j
2 I W - M
Mt. 71 on
1
i 1-2
i •
I N F M Kirk
Hi k 1 a nd I X
1
P r i n . I w M ’ ........... M
'Vlnp.i Cons. X 5th N F M J e f f e r s o n
- C n r . d Cons, X 8 th N M
1
M
Rossville j X 1 st j , i M N F M East S i d e
R o s sville X | 8th
1
1
9
! W M► -- S LaGrange
v3 i . L . .... c..' _1^68-69_____ Classroom T •achi r V • r-jt; i c J • •: 378
School ! Vacancy [new P o s i t i o n IcTrade/Subject ] How F i l l e d
Newly Empioyed Teachers 1 T ra n s fe r re d ie a ch e rs
- aco I bex M a r i t a l Status | iiaco pex | M a r i t a l Sta tus j Former Schoo l
S o m er v i l l e X P r in .
W M M
" X 7/8 S c i . w M S
n
« • ! L ib . N F S
i
i
M
X 3rd w
- M i
’■ ■ •
1
" - 7/8 S o i . S t d . w F S
-«
... * 4th
W F M
It
X 8th math. W M M FCHS
It
X 1 st w F .
It
X 6th w F M
" X 1 st w F S
■
" X 7/8 S .S . w F S
Spr in ijh i. i l X P .E . w M S
FCHS X | Vo. Ag. w M s
,? X
I S oc . S t . &.
| A th . Coach w M M J
" X | S c i . 5. A t h l .
’ *» M M
II
X j Horn. Ec. N F s
It
X Math. w M S
'1
X S o c . S t . w M M !
J l—
II
X
SaCTTT 4.
Science w M M
i
i
*l»
X
1
Science
r
____ w > .. M , . j M
i
i ' f
•?3 .=. 379. t.. c- .. for > o-.r 1968-69____ Classroom Teach: r Vocc-iv.-iss
choo l__________________ ] Vacancy j>lev/ P o s i t i o n jurarfe/Subject ; ____ ______________ How F i l l e d
FCHS
s
I
!
| Newly Employed Teachers | T ra n s fe r r e d Teachers
| Race | Sex | M a r i t a l Sta tus 1 Raco pox 1 M a r i t a l Sta tus j Former School
Math. W M M
■> X 1
1
Eng. | w M s |
I I Spanish i W F M S o m erv i l l e
-
i
x ' I
oOC . O u • 6.
B . 3 . Coach w M M Braden
? . Wire
i
1 X Band N K S 1
? . V.’are X Horn. E c . N F s
? . V.'are X Voice N M M
X Math. N M M
,'J. ? . V.'are Speech W M S
v:. P . V.'are . ' Math. w M M
. . . P m .‘.'uT e X Eng. w M S
? . '.'.'are X Chemistry w M M
1
I
•
I
i
i
4
• i
j
>1 ! ] i
a„ b . c . i, f o r ;C j r_ 1969-70 _ Classroom Teach1. <• Vacancies
7 chop 1__________________ j Vacancy blew P o s i t i o n 'ftrade/Subject [______ ' How F i l l e d
!
X
(
f
Newly Employed Teachers T ran s fe r red Teachers
BRADEN
Kaco \ dox | M a r i t a l Status Raco (iex M a r i t a l Sta tus ! Former Schoo l
P .E . N F M S o m e r v i l l e
23ADEN-SINAI X ! 7th N M M Longtown
93ADEN-SINAI x ! 5th N F M Longtown
CENTRAL X 1 p r in . N M M F .C .T . Elem.
CENTRAL I X P r in . W M M FCliS
CENTRAL
i
X 4th N F • M F .C .T . Elem.
» X It N F M F .C .T . Elem.
ii X
f
1 st i N F M F .C .T . Elem.
n X i 5th N F M F.C .T . Elem.
it | X 7th N F M F.C .T . Elem.
it X 6th N - M F .C .T . Elem.
- X E.M.3. N F M F.C .T . Elem.
C” ’ :trat X
1
1 6th N F M J e f f e r s o n
CENTRAL I X 7th N M M F .C .T . Elem.
CENTRAL X 8 th ■
i N F M LaGrange C on so l ida ted
C,,:,..rai 1 i x 3rd
!
) ■ » F M F .C .T . Elem.
C-':T?*L X 1 s t i
I
f N F s F .C .T . Elem.
X 1 st i ' N F M F .C .T . Elem.
i
,... ,Tn. ̂ i
1 X1 x 8th l l N F M ! F .C .T . Elem.
i
X 4th
i r i
N F s ! F .C .T . Elem.
3 s c « foe y s a r 1969-70_____ _ Clfijavoom T**ach> v Vsc.vnel os 381
Sc h o o l _________________ S Vacancy -Mew P o s i t i o n faradn/Subject )_______________ , How F i l l ed
SOUTHWEST X
a .
i
Nev;ly Employed Teachers T ra n s fe r re d Teachers
Kaco j Sex | M a r i t a l Status Raco ;>ox l M a r i t a l Status Former School
7-3 N M M Mt. Zion
SOUTHWEST X 5th N F S M t. Zion
SOUTHWEST X 7-8 i W M S R c s s v i l l e
SG'j i'HV.'EST X
1
! 6th i
! N F. M S t . Luke
SOUTHWEST X
1
! 2nd N F M S t . Luke
SOUTHWEST X 3rd N F M R o s s v i l l e
SOUTHWEST X 5th N F M C an a da v i l le
SOUTHWEST X 6th N F M
1
Kirk
SOUTHWEST X 2nd N F M Ber nard
SOUTHWEST X 1-3 N F M
"T ’ “
Kays Cross ing
r .C .H .S . X
.
Remedial N F M J e f f e r s o n
r .C .H .S . X B io lo gy N F M W. P. Ware
i !
1
1
1 ’
I r
t
! ! \ i
t I ! 1
! ' ,
. 3 o . w s -
Schoo l I
j i - y e a r 1969-70_____ __ Classroom To
Vacancy New P o s i t i o n Grado/Sub joct i
ach.c Vs r Hi.C.* f * .S
382
How F i l l e d
1 1 Newly Employed Teachers I i r a n s f e r r e d ie a ch e rs
j Race i Sex | M a r i t a l Sta tus | Raco pox |M a r i t a l S ta tus ' Former Schoo l
Oakland c o n s . X 3rd . ! F M F ie ld s
SO.V.ERVILLE X 8th I w j
1
M ! M FCHS
s c m e r v il le X 8th N M M J e f f e r s o n
SOMERVILLE X EMR N F M J e f f e r s o n
SGV.ER V ILLS X 1 s t W F M Parks
SrSINGHILL X 1 1 s t N F M iiavs C r o s s i i a
SPRINGHILE X 7th N F M S o m erv i l l e
S?SINCHILL X 5th N F S Mt. Zion
X P r in . N M M K . P. Ware
SCUTHV.'EST X P r in . W M M Som erv i • ' e Elem .
SOUTHWEST X <lth N P M Rossv). l i e
SOUTHWEST X REMEDIAL N F M Canadavi11e
SCUTHV.'EST X 2nd N F M R o s s v i l i e
SCUTHV.'EST X
1
! 5th
1
V P M R o s s v i l l e
SO’JTir.VEST X ] 5th
*
N F M S t . Luke
SOUTHWEST X 1 s t N F M Mt. 71on
SOUTHWEST ! v 2nd N F M R o s s v i l l e ...... - -
SCUTHV.'EST X 6th N F M R o s s v ' l l e
SOUTHWEST 1 x 1 s t 1 N ,_E_ M .C a n a d a v i l l s _____._______ ______
SOUTHWEST X
»<
J ------------------- 7-8
T
j \ i L * _ _ E ___M____________ _ _ CaaadaLvil ie___
.3 3 - Ik 'or year 1969-70_____ Classroom Teach. ■ Vs-Mrcivs 383
School Vacancy 'New P o s i t i o n rade/Sub jec t ] ' How F i l l e d
CENTRAL X ‘
1
J_
Newly Employed Teachers | T ra n s fe r re d Teachers
Race ! Sax | M a r i t a l Sta tus 1 Race lex ! M a r i t a l Sta tus | Former Schoo l
th W M M Parks
CENTRAL X ird N F M F.C .T . Elem.
CENTRAL 1 . X ' |sth N F M F ;C .T . Elem.
CENTRAL X 3th N F. M R o s s v i l l e
CENTRAL x !oth N F M F.C .T . Elem.
CENTRAL X ipnd N F • M F.C .T . Elem.
CENTRAL X 3rd N F S F.C .T . Elem.
EAST SIDE X 5th N F M R o s s v i l l e
EAST SIDE X Remedial N F M J e f ferson
CEEPERSON | X 3rd N F M i3ernard
.1 “F "2 2 SOM X Art W F M Braden
JEFFERSON X 5th N F S Braden-Sinai
JEFFERSON X P.E . N r S W. P. Ware
JEFFERSON X 4th N F M C anadav i l le
MOSCOW X 1 st
•
N F S F.C .T . Elem.
MOSCOW X 1 3rd W F M LaGrange
OAKLAND X 1 s t N F M 3raden-S in3i
OAKLAND X 6th
1
N F M Braden-Sinai
OAKLAND CONS.____
OAKLAND CONS.
1 * 3rd | N F M (F ie ld s
I x
I
2nd !
l
N. F M : Warren
384
r
; e . f . g . h . G u i d a n c e C o u n s e l o r V a c a n c i e s
hr y* V a c a n c y N e w G u i d a n c e P o s i t i o n 1 How F i l l e a
L o c s c i o n T y p e L o c a t i o n T y p e N e w l y e m p l o y e d T r a n s f e r r e d
F C r t S
R a c e j S e x M a r i t a l S t a t u s
v / M
F C t i S w r~f~
i
|
ii
:• !
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1 - - -
385
! 1 j . k . 1 . S u p e r v i s o r y a n d A d m i n i s t r a t i v e V a c a n c i e s
> a r ! V a c a n c i e s N ew P o s i t i o n s MOW I■’ l l l e d
i . o c a - c i o n ; y p e L o c a t i o n y p o
_ w
> New._y Lr l p l o y e d ’ ' • t r a n s f e r r e d
d a c e : ' e x . . . a r i t a i
! S t a t u s
H a C O v ■ ox . . . a r i t a i
S t a t u s
i ' r a n s r e r r a o
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-
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!
: 3 Teachers r e ta in e d a t the and o f sohoo l y e a r __1967-1968 386
r i r . co1- ......... 1_____ .Ka2£___________ 1 Race |_______ Sex j M a r i t a l S ta tus j H igh est Education { - p a r l a n c e _____| Tenure , Grade o r S»: •
ryrr.ard Fr.?d whi trr.ore N M Married B. A . 27 yea rs yos 7t.fi.. . n n n c l iA i i
L i l c l l o Johnson M M F Married B. A. 13 years yes c,"
I l i a " l e Walk] r N F Married B. A.
»
24 y ea rs I yes 2S3
E li7abnth '/.’are H ! F Marr ied 3 . A. 28 years yes 1
Anr.ii> F l i o o in - N F S in a le B. A. 1/ y e a r i //ino 3&4
Marie Watson JJ F S in a le 3 yea rs c o l l e q e 8 years no roffiodi. il f o r r o d to Bradcn-Sina
.
.
j
i ;
____________________ j ______________________________ 1
|
i
1
! 1 ' !
i
i i . . . . . . . . . . . . . . . . ! i ! 1
______________ !_ _ _ _ __________________j_ _
!
- ........... i
■ )■ l
! 1
387
;-9 Teachers retained at the end of school year 1 967-1968
School | Name | Race j Sex 1 M a r i t a l S ta tus 1 H ighest Education fecuerience Tenure i Grade o r S ub jec ts
Sradrn 1 James McKnioht » ! M [ <arried M. A „ © & 7 yea rs yes 758 t r a n s f e r r e d to F .C .H .S .
i Locki e MeCraw , ! F lS inole yes 354
C. L . Smith w 1 M |t a r r i eci M. S . 23 years yes 65.7
O ssie W il l iam s Ji i 'F 1Carried B. A . |20 years yes Remedial
i
. . . . . . i
i
i . . .. ... . . . .
. . . . . . . . . . . i .
*
1
!
i
_ 1 . . . .
•
i I •
0 'eachers retained at the end of school year 1967-1968 388
School | Name | Race ! Sex | M a r i t a l Sta tus ] H ighest Education hxDsrionrp Tenure Grade o r S ub jec ts
P r^ .er . -S ins : Ransom Person i N f.i 1 Married B. A. 25 years yes . 8
Dorothy Bcoze N F ’ Married 3 . S . 16 years yes 1
A r m i t t i e Wade N F Married 3 yea rs c o l l e g e 25 years yes 3&4
Joseohine JacksJ n N p ' Married B. A . | 11 years yes 2
Dorothy Rhea N F Married B. S . 15 years yes 5S6
Lerov Shaw N M S ln q le no
------------------------- * -----------------------—
7
i
1
1
I
1
389-'.-9 Teachers l-e ta ined a t the end o f school y e a r l 967-1968
School l Name ! Race | Sex | M ar i ta l Sta tus l R ich es t Education 5Experience Tenure i Grade o r Sub jec ts
C a n a d a v i l le S y l v e s t e r Persor N M Married B. A . 22 years yes 7&8 t r a n s f e r r e d to Oakland Conso lidate
Gertrude Person I N F Married B. A. 24 yea rs yes 2&3
| Nada l ine Shelter ] N F Married B. A. 13 yea rs yes 5S6
Geneva Lawrence I N ' F Married 3 yea rs c o l l e q e 8 years yes 1
Eunice P. Moore N F Married B.A. 7 yea rs yes 4
I
|
'967-1968 390:>9 Teachers r e ta in e d a t the end o f schoo l y e a r 1967-1968
School | Name | Race | Sex | M ar i ta l Sta tus !
390
Highest Education [experience Tenure Grade o r Sub jec ts
5as.t-S.ldj M att ie l e e Morrov N F Warried *
yes 8
S h i r l e y Gooden N
1
F (Married 6 u m / M / r n m n i m m / n i u t m
I
I F lo rence ' McBride N ! F
1
Married yes 2
1
Herman Cox ! N M Married 7
Roberta Bass N F i S in g le 1
A r t i l l i a n ‘forrow N F Married 5
L i z z i e J. Sander: N F S in g le 4. r e s ign ed ha l fway through 1968-1969
i
1 Warren Moore W M Married Remedial
Acmes Moore W F Married 3
1
1
.
1
1
I
i
1
__
I
1
1
1
i----
'cachcvs retained at the and of school year 1967-1968 391
School Name ' Race i Sex | M ar i ta l Sta tus | H ighest F.ducation Exper ience Tenure Grade o r Subjects
P i .yo t te Cou:'. tyW alte r Bond ! N M Married B.A. • 32 years yes p r in c ip a l
Elementary
Iren e Rovland 1 , 1 f i Married B.A. 23 years yes 1
F arn o c blnn Brow) » ! r ! Married 3 years 5 years yes 5
Fnvlpnso Carnenl e r N 1 F Married B. S . 14 yea rs yes 6 ••
Beola Kee N F Married B.A. 15 years yes 6
Bee t le Maloro N F S ina le 3 years c o l l e g e 2 years no 1
C ibo la Morrow N F S inq le B.S. 7 years yes 7&8
1.1 111 an Smith N F Married B.S. 34 yea rs yes 5
Giarivs Mabon. . N F Married B.A. 11 years yes 3
W i l l i e B. Johns >n N F Married B.S. 30 years yes S pec ia l Education
Fdn* Burnette. , , Married yes 8
Amelia WhttaVer N F Married B.S. 12 years yes 6
W i l l i e E. Monie N F Married B.S. 14 years yes 1
M att ie Wooden. N F S inq le B.A. 5 years yes 3
Hnr*o* Hwell N M Married B.S. 20 years yes 7
Bnrh^ra Show 1 , F Married B.A. 3 years no 8
Jnc^rh^n^ Solbv N F Married B.A. 18 years yes 4
Sh irV -v Pve I N F S in o le 3 years c o l l e g e 2 years no 4
T.uev Bolden . F Married B.S. 19 years yes 4
Gertrude Ra l lev . I F
1
Married B.S.
l
6 years yes1 5
3929 Teachers retained at the end of school year 1967-1968
School j Kamo Race I Sex j M a r i ta l Sta tus | H ighest Education Experience Tenure i Grade o r Sub jec ts
Fayec te Cour.’i y
Tra'.nfcoBlem.l Karoaret W i l l la n s N .. F S in g le B . S . . 8 years ' yes 2
E lrov Jones N M Married B.S. 7 years yes 6
.
____
•
, 9 Teachers re ta in e d a t the end o f schoo l y ea r 1967-1968 393 '>
School_______ ]______ N'aree___________I Race | Sex | M ar i ta l Status [ H ighest Education Exper ience | Tenure | Grade o r Sub jec ts
F ie ld s L u c i l l e W iley N F Single 3 years c o l l e g e 9 years ’ yes 5 ,6 , 7 , &8
Mary J . Puckett N F p a r r i e d B.A. 18 years yes 1',2,3,&4
i
-
1
___ _______
'
.
I
1
P
11
1
1
1
1
1
1
. i
______ ...................
'0 Teachers retained at the end of school year 1 9 6 7-1 568 394
School | Name 1 Race I Sox M ar i ta l Status H ighest ,Education Exper ience Tenure i Grade o r Sublects
a ft f f - l i - B j f w n __________ W M Married •
yes S pec ia l Education
Frances Reach W F Married yes S p e c ia l Education
M «l l f i Sevmour w . F Married yes S p e c ia l Education
'
1
-
1
1
1 I
Teachers retained at the end of school year 1967-1968 395
School | Nano | Race ! Sex | M ar i ta l Status H ighest Education f lxper ience Tenure i ' Grade o r Subjects
i
i-h'-c Cvoccchr* Annie T-. Dcvle N F Married B. A i 14 years yes 1,2,3,5.4
L«nora MClean N F Married B.A. 14 years Yes 5 ,6 ,7 ,58
,
.
-
......
‘ ‘
L_
1
1
1
____ 1
1
i
■9 Teachers retained at the end of school year 1967-1960 396
School | Name I Race | Sox M ar i ta l Status H ighest Education [Experience Tenure i Grade o r Sub jec ts
H. c’-corv VfythJ Katherine Russ; 11 W F S ing le 3 .S . 26 years yes a l l grades t r a n s fe r r e d to Braden Elem
,
!
j
'
1
1
\
I
1
. ... 1 ................
--
— '
1
1
397;‘9 Teachers r e ta in ed a t the end o f school y ea r 1967-1968
School | Name | Race | Sex | M ar i ta l Status
397
Highest Education Exper ience Tenure i Grade o r Subject
J e f f e r s o n Harry Coleman N » 1Married B.S. 36 years yes p r in c ip a l
Bonnother Brov/n N F Married B.A. 9 years yes 1
Amanda 'Coleman N F Married B.A. 25 years yes 2
Neva Coleman N F Married 3 y e a r s c o l le q e 29 years yes 1
Frances E ar le v N F yes S p e c ia l Education
E l izab e th Grav N F yes
Mndcierlne J e f f e •son N F Married B.S. 16 years yes 6
C laudette Morro i N F S inqle B.A. 5 years yes L ib ra ry
F o res t in e T r i c e N F | Married B.A. 19 years yes 6
O dalia Jones N F Married B.S. 8 years yes 4
O l l i e R ivers N M Married yes V
A lb e r ta R ive rs N F
. /
Married 3 years c o l l e g e 1 year no 1
Oohella Gray N F Widowed B.A. 18 years yes
Andrw Lee Perrv N M Married ■ B.S. 1 year no 8
Wilma Jarmon N ______£ L _ Married B.A. 6 years yes 2
Jennie Rav Hobs in N F Married yes S p e c ia l Education
Louise Johnson N F Marroed B.S. 9 years yes 3
398..-9 Teachers retained at the end of school year 1967-1968
School I Name | Pace Sex M ar i ta l Status H iqhest Education exper ience 1 Tenure i Grade o r Subiectfs
K i r ’< Seavery Grandbov ry N F Married B .A . 14 years yes 1 »2 j3,&4 T ran s fe r red to Alt. Zion
.
1
1
1
J
•
-
.
1
—
t
399retained at the and of school year 1967-1968
;'<'hool | - a j Pace Sex ! M a r i ta l Status H ighest Education ^Experience | Tenure i Grade o r Subjects
W F !Married 2 yea rs c o l l e g e 23 years ! yes ! 1 ,2 ,3 ,&4
v; M ( s in g le no 5 ,6 ,7 ,&8 T ran s fe r red to R o s s v i l l e
1
. 9 Teachers re ta in ed a t the
School | Harao |
1
end o f
Race |
1
school ye
Sex
1
ar i j i « = i 2 § a _ _ _ _ _
M ar i ta l Status H ighest Education Experience Tenure Grade o r Subjects
• ■.dir.mgo j
it ' ll : .o ild. ' it ivi S a l l i e Ford N j F Married B.A. 24 years yes 7&8
Annie J . B a i ley N F Married B .S . 3 years yes ^7S8
1
| Cora Wr.ioht S te ’yartN F Married B.A. 11 years yes 1
Helen Jackson N ' F yes 3
Bertha F i t z p a t r ck N F Married B.A. 9 years yes 2
/lore Warren N F S in g le 3 years c o l l e g e 6 years yes 45.5
Henry L. Batts N M Married B.S. 12 years yes 6
\
--- - 1 . .
- - ..............
400-,;9 Teachers retained at' the end of school year 1967-1968
Name Race Sex M ar i ta l Status H ighest Education Exper ience Tenure Grade o r Sub jec ts
W F Married B.S. 23 years ____ 1 ,2,3,5.4 t r a n s fe r r e d to S o m erv i l l e Elcm
------------------------------i i l l
•:̂ 9 Teachers r e ta in e d a t the end o f schoo l y e a r 1967-1968
School Name Race Sex M ar i ta l Status H ighest Education Exper ience Tenure Grade o r Sub jec ts
I-onntovm Dennis H a l l N M Married B.S. 27 years yes 5,6 ,758
- Rosie C. Jones N F Married B .A .
r- 1 ■ ■■ ■ ■ I 9 years yes 1 ,2 ,3 ,54
<79 Teachers r e ta in ed a t the end o f school y e a r 1967-1968
School Name Race Sex | M ar i ta l Status H ighest Education Experience Tenure i Grade o r Sub ier tc
Moscow Dorothy Morton IV F Married M.A. 23 years yes 8
M att ie Browninc w F Married B.A. 28 years yes 2
Mrs. J..3.Erunso; W F yes tl
M ildred Carruth. vs '■’! ' F Married 3 years 6 years yes 4
Mary N e v i l l e • \1 F S ing le 3 years 40 years yes 5
Susie S ides W F Married B.S. 6 years yes 1
Oroha Cleveland ’•» F Married B.S. 20 years yes 3
Charles Cain U M Married no 6
Della fAaclin X F Married 3 yesrs 3 years yes Remedial
1967-1968 401xr9 Teachers retained at the end of school year
School | Name Race | Sex M ar i ta l Status H ighest Education Exper ience Tenure i Grade o r Sub jec ts
vt- 7.inn . ... O l l l e J. To lds N F Married 3 years 24 hears yes 556 t r a n s fe r r e d to K irk
James Mosby N M Married yes 758
Georqia. Neal N ? S in g le 3 years 22 years yes
Ludie Ludie Neal N ‘ F S in g le 2 years 21 years yes
1
tr9 Teachers r e ta in ed a t the end o f schoo l y ea r 1967-1968
School Hama Race I Sex | M ar i ta l Status H ighest Education Ixper lence Tenure i Grade o r Subiects
Oakland Wayne W il l iam s W M Married M.Ed. 1 year no 758 t r a n s fe r r e d to S om erv i l le Elem.
M ildred Hines w F Married 3 years 20 years yes 1
E l izab e th Irw in w F S in g le 3 years 22 yesrs yes 455
Katherine Webb w 'F Married B.S. 16 years yes 253
Alma Long w F Married M.A. 5 years yes 657
•
‘■9 Teachers r e ta in ed a t the end o f schoo l y ea r 1937-1968 402
School I Same Race ! Sox | M ar i ta l Status i H ighest Education Exper ience Tonure Grade o r Sub jec ts
Oakland
Conso lidate
I
Emmitt Person N M Married B.A. 30 years yes p r in c ip a l
F lo s s i e Bracken N F Married B.A. 32 years yes /2
!
• l-o r ice . 'But ler N F Married B.A. 9 years yes 1
i G e r t i e Coleman N F Married B.S. 9 years yes 4
1
j - ...... Annie B. Morris N F Married 2 years 28 years yes 6
j
A u s s i e Owens N C Married 3 years 25 years yes 2
i
i Odessa Person N P Married B.A. 27 years yes •5
I
Marnaret P ru i t t N F Married B.S. 7 years yes 1
Irene R i l e v N F Married B.A. 20 years yes 5
L u e l la Thomnsor N - S inole yes
1 i I I .
»V9 Teachers r e ta in ed a t tha end o f schoo l yea r 1967-1963
School Mama Race Sex M ar i ta l Status H ighest Education "xporlcnce Tenure
Parks W il l iam Powell W M Married M.A. 27 years yes 788
Pauline Rocers w F Married yes Z/1,2,83
Evia CLutts w. F S ing le 3 years 33 years yes 4 ,5,86
-----------------------------_
! ' -
403■& Teachers retained at the end of school year 1967-1968
School | Name | Race | Sex | M ar i ta l Status H ighest Education '-Experience Tenure i Grade o r Subjects
o s s v i l l e S h i r l e y Atkins N F •larried 3 years 28 years yes 4
Margaree A. Dean N F fe r r i e d 3 years 5 years yes 2
Alrneta Joyner . F S ing le 3 years #26 years yes 6
C lars F inn ie N 'F ■larried 3 years 23 years yes 3
V a le r ia Robinson N F fe r r i e d 2 years 32 years yes 7&8
P o l l y Jones N F te r r i e d 3 years 26 years yes 3
Opal Franklin N F yes 5.
Helene C. Tate N F Married yes 1 res igned in middle o f 1£68-1969
Gladys Catron N F 'fe rr ied B.A. 5 years yes 2 t r a n s fe r re d to Canadav i l le
-9 Teachers retained at the end of school year 1967-1968
School Name Race | Sex | M ar i ta l Sta tus | H ighest Education Ixper lence Tenure Grade o r Sub jec ts
r̂'p' ** y'' ̂ 1 T & Tennie 7.. Armou W F Married B.S. 30 years yes 5
. Marv Bolton W F Married B.S. 10 years yes 4
W in i fred Dobhirv W F S inole 3 years 34 years yes 7&S
__ Hazel Givrns V/ F Married yes 1
7111? Hav?klns • w F Married B.S. 10 years yes 7&8
E lizabe th Henrv w F Married A.A . 6 years yes 2
Margaret Levy w p Married 3 years 21 years yes 5
L in n io Moi Lurk w p S ing le 3 years 36 years yes 1
Mrs. J .C . Monto Snerv F Married
?'irv R. Mnnt^orn >rv W F Married B.S. 25 years yes 6
Howard Orl o W M S ing le M.A. 3 years yes 7S8 t r a n s fe r r e d to c en tr a l o f f i c e st;
E ar l ino P r ic e w F Married yes 4
B ird ie Mae Sand ?rs W F S in g le B.S. 27 years yes 2
Marie T a i l o r w F S in q le B.S. 36 years yes 6
Nor’*'3 Cox N F Married B.S. 6 years yes Fnys ica l Education
1 1 i
405■•9 Teachers retained at the end of school year 1967-1968
School | Mane | Race | Sex M ar i ta l Status H ighest Education f lxper lcnce Tenure i Grade o r Sub iec ts
S D r ln o h i l l W i l l i e J . Wadde 11 N M Married B.A. 20 years yes p r in c ip a l
Mable Walker N F Married 2 years 25 years yes 7&8
O l i v i a . B a i l e y N F Married 3 years 6 years yes 4
Odls Cox N M Married B.A. 6 years yes 74.8
Nannie Mac Cole N F Married 3 years 17 years yes 1
Edna L o f t l e s n F S inq le B .S . 25 years yes 5
Emma McDonald N F S in g le yes •2
Byrdia M i t c h e l l N F S in g le 3 years 14 years yes 3
J o e l R ive rs N M Married B.A. 7 years yes 6
Clara Rufus N F Married 2 years 26 years yes 1
Pelmentra Clark N F Married 3 years 26 years yes 2
P a t t i e Hobson N F S in q le 3 years 8 years yes 4
■ i —
406•;9 Toachors retained at the end of school year 1967-1968
School Name Race Sex M ar i ta l Status H ighest Education Ixpcr lcnce Tenure
S t . Lake W i l l i e G. Rose N F Married 3 years 29 years 364
Marie C. Jobes N F . Married 2 years 24 years yes 162
I.ula J . .Dewitt N F Marrled 3 years 21 years yes 566
Joe H. Grioas N
---- --
' m
_ . I . . . ~7 C O *■------ ....... . J . * - -
■0 Teachers r e ta in ed a t the end o f school y ea r 1967-1968
School | Name l Race | Sex M ar i ta l Status i H ighest Education Experience Tenure i Grade o r Subjects
E the l Harr is N F Married
'
yes 5 ,6 ,7 ,68
Rosa Nowbern N F Married 3 years 26 years yes 1 ,2 ,4 ,63
i ( i
,79 Teachers re ta in e d a t the end o f
School | Nemo | Race
school ye
Sex
t
ar 1967-1968
M ar i ta l Status H ighest Education Experience Tenure Grade o r Subjects
Inez Rike W F Married 2 years 14 years yes 7,6 ,68
Mae Ncwbv W F Sing le 3 years 33 years yes 162
Thelma Rooers w
F
Married yes 3, 4, 65
I
,.-'9 Teachers retained at the end of school year 1967-1968______ 407
School i Name Race | Sex | M ar i ta l Sta tus ! H ighest Education Experience Tenure Grade o r Sub jec ts
".^yette Co,
-rich School J . R , Morton W M Married M.A. 23 years yes p r in c ip a l
VJanza Boswell w F Married M.A. 28 years yes L a t in
B i l l Bradford w M Married M.A. 4 years yes Band and Music
Kenrv Du cruet te W M Married B.S. 18 years yes chem istry and physics
Sarah B e l l e Dav w F. S in g le B.A. 5 years yes English
E.C.Holder iv M Married 7 years yes V oca t ion a l trade
Lo is Morton w F Married M.A. 27 years yes Eng lish
Boss McNamee w F Divorced B .S . 25 years yes Typing
Sarah Yaoer w F S in q le B.S. 13 years yes L ib ra r ia n
Laura W infrev w F Married B .S . 5 years yes Phys ica l Education
L'ancv P o r te r w F Married no Eng lish
Robert Donnell w M Married 3 years 33 years yes Mathematics
Randall Ferauson w M Married no Guidance Counselor
Mrs. Harry Ferau iion w F Married • B .S. 10 years yes Home Economics
i 1
»
1
'
!
11 * •
408,';9 Teachers retained at the end of school year 195 ̂ ~1
School | Name Race | Sex | M ar i ta l Sta tus ! H ighest Education Experience Tenure Grade o r Sub jec ts
Ware H.S. Bonnell Turner j N M Married B.A. 79 yoaVs yes French
F lem in t ine Turn] r N K f Married B .S . 8 years yes P h ys ica l Education
Howard Walker N M Married M.S. 24 yearsa yes A s s is t a n t P r in c ip a l
E l i z a b e th W iley N • F Married M.A. 23vyears yes B io jo gy
Lewis W iley N M Married M.S. 18 years yes • A g r icu l tu r e
E l izab e th Yance r - N F Married B.S. 21 years yes L ib ra r ia n
D o l ly Turner N F S in g le B.S. 13 years yes Science
Fo rd ie Frankiln N Married B.S. 3 years yes P hys ica l Education
Charles Archiba .d N M S in g le B.S. 17 years yes Chemistry
M ildred Neal N F Married B.S. 4 years yes English
Charles Howard N M S ih g ;e B.S.
___
3 years yes Mathematics
Vesteriiobson N F S ing le B.S. 2 years no P h ys ica l Education
Robert Paredes W j M Sing le no P hys ica l Education
J .E .Sunmitt w M Married M.S. 45 years yes Mathematics
Sherman Coleman N M Married B.S. 1 year no TYping
W il l iam Mabon N M Married B.S. 5 years yes In d u s t r ia l Ar ts
; cs Wilson N M Sing le B .S . . . o years no P h y s ica l E .ucation
n
I
I
I
I
409,.-9 Teacher's r e ta in e d a t the end o f schoo l y e a r 1958-1969 409
School | Name | Race | Sex | M ar i ta l Status | H ighest Education Experience Tenure > Grade o r Subjects
Braden C.L .Smith W M Married M.S. 24 years yes 7&8
Lock ie McCraw W F Sinq le yes 4&5 ret i fced a t the erd o f term
O ssie W il l iams N F Married B.A. 21 years yes Remedial
Barbara FletGher W F Married B.S. 1 year no 6&7
Cynthia L e f tw lc l w F Married B.A. h year no 2&3
Katherine Russe 1 w F S in g le B.S. 27 years yes 1
Vr9 Teachers re ta in e d a t the end o f school y e a r )968-1969
School Name Race | Sex | M ar i ta l Status H ighest Education Experience Tenure i Grade o r Sub ier tc
Pcmard Fred Whitmore N j m Married B.A. 28 years yes 7&8
L i l l i e Johnson n F Married B.A. 14 years yes 5&6 t r a n s fe r r e d to J e f f e r s o n
W i l l i e Moe Waike • N F Married B.A. 25 years yes 2&3 t r a n s fe r r e d to Southwest
E l izab e th Ware N ' F Married B .A . 29 years yes 1
Annie F l ip p in . N F S in g le B.A. 2 years no S3&4
r
1967-1968 410•..-D Teachers retained at the end of school year
School Name Race | Sex | M ar i ta l Status- | H ighest Education \Experience Tenure Grade o r Subjects
.. ..'.'arc
Hi ch SCnool W il l iam Vasser N M Married • yes P r in c ip a l
Thomas Adair • N M Mqrried M.S. 32 yea rs yes H is to ry
W i l l i e . B a i l e y N M Married B,S. 3 years yes Science
Eroy Board N ' M Married B.A. 7 yea rs yes S o c ia l Studies
Samuel Carpentc] N M Married B.A. 25 yea rs yes English
W a lt e r Exum, Jrj N M S in g le B .S . 3 years yes Phys ica l Education
Harden Franklin N M Married B.S. 3 years yes .Vocat iona l A g r ic u l tu r e
P a t r i c i a Hayes N F Married B.A. 6 years yes Eng lish
Juanita Currie N F Married B.S. 8 years yes Typing
W alter Jones N M Married 2 years 8 years yes Trades
Vashti Jordan N F S ing le B .S . 4 years yes P hys ica l Education
Tommie M i l l e r N M Married B.S . yes S o c ia l Studies
W i l l i e C . M o r r e t N n\ S ing le B .S . 5 years yes Mathematics
Clyde Mosby N M S in g le . B .S. 4 years yes Mathematics
E thel M urre l l N F S in g le B.S. 20 years yes Homo Economics
Eddie Peppers N M Divorced yes Auto Mechanics
Alma VI. Greene N . F Married B.S. 4 years yes M athem at ics Resigned 1968-1969
Leve R ive rs N .V. Married yes A g r icu l tu re
Mary L . S h ie ld ; N F Married B.S. 13 years yes Home Economics
Ora L . Tov/les | N F
l
Married
1 " " r
M.S. 16 years yes Guidance Counselor
411
J
i
:-9 Teachers r e ta in ed a t tha end o f schoo l y e a r 1968-1969
School I Name I Race | Sax ! M a r i ta l Status
411
Highest Education Experience j Tenure i Grade o r Sub jec ts
Braden-Sina Ransom Person n Married B.A. 26 years yes 8
Dorothy Booze N F Married B.S. 17 years yes 1 t r a n s fe r r e d to Oakland
A r m i t t i e Wade N F Married 3 years c o l l e g e 26 years yes ' •
, i'
3&4 t r a n s fe r r e d to Oakland t-
Josephine Jacks ■n N Married B.A. 12 years yes 2
Dorothy Rhea ■ N F Married B.S. 16 years yes 5&6
Marie 'Watson N P S in g le 3 years 32 years yes Remedial t r a n s fe r r e d to J e f f e r s o n V
I l ! ! j , ̂ |----------- — —----------------------------------------------------------------------
t-9 Teachers re ta in e d a t the end o f school yea r 1969
School | Name j Race | Sex | M ar i ta l Status H ighest Education Experience Tenuro i Grade o r Subjects
Canadavil io Gertrude Person N I, F Married B.A. 25 years yes 2&3 t ra n s fe r re d to J e f f e r s o n
Nadaline Shelton N C Married B.A. 14 years yes 5S6 t r a n s fe r re d to Southwest
Geneva Lawrence N F Married 3 years c o l l e g e 9 years yes 1 t r a n s fe r re d to Southwest
Eunice P . Moore » F Married B.A. 8 years yes 7&3 t r a n s fe r r e d to Southwest
| Gladys Catron N | F Married
I
B.A. j 6 years yes 3&4 t r a n s fe r r e d to Southwest
}
I
I
____ 1
I
i I ' ' .........
-9 Teachers r e ta in e d a t the end o f
School | Name | Race |
schoo l y e a r 1968-1969
Sox | M ar i ta l Sta tus |
412
Highest Education Experience Tenure i Grade o r Sub iec ts
E *s t r id e ____ S h i r l e y Gooden 1 N F Married • A -n "7
yes v
<> *' . .
4 •• ' • -y , J
F lo ren re McBridl N F Married A rs ^ & - r yes 2
Herman i Cox N M Married U> m i
: 4 . ,
7 '
Roberta Bass N F S in g le A £. 2, 1 V * 1 ’■
Aones Moore W F Married ■yvr ^ ' V L- i_ y v y c/V' ' ’ 3 V '
Warren Moore W M Married "j. -*• t y , (. !, M 6 ")<.>„• • r.< • . ■ * t?
1
;
! ■
1 ■
1
t
1
1
-0 Teachers retained at the end of school year*!968-1969 ______ All teachers of F.C.T.E., except for those noted, wore transferred to Central
School ] Marne ! Race | Sex ] M a r i ta l Status ! H ighest Education Exper ience Tenure Grade o r Subjects
•■iiyatto Co.
Trr.ntnia W a lte r Bond N M Married B.A. 33 years yes p r in c ip a l
Hla:.-.entary
Irene Boyland N ! F Married B.A. pa24 years yes 1-
Earnest inc Brow a N F MArried B y e a r s 6 years yes 5 / ' ■ " ■■ '
Kortense Carper. „e r N ' F Married B.S. 15 years yes 6
Reola Kee N F Married B.A. 16 years yes 6
Bess ie i.l3lone N F S ing le 3 years c o l l e g e 3 years no 1 /.:■■'• /..'■■ . ■ - ;
C le e la Morrow N F S in g le B.S. 8 years yes
----------------------------------------------------------- f--
•7&8 t r a n s fe r r e d to S o m erv i l le
L i l l i a n Smith N F Married B.S. 35 years yes 5
Gladys Ma bon N F Married B.A. 12 years yes 3
'. 'H Il ie B. Johns an N F .Married 31 years yes S p ec ia l Education ,!
Ameila Whitaker N . F Married B.S. 13 years yes
—--------------------- ---- ■ ■ ---- U............................ ...
6
W i l l i e B. Konic M F Married B.S. 15 years yes 1
M a tt ie 'Wooden N F S ing le B.A. 6 years yes 3
Horace Ewell » M M arr ied . B .S. 21 jfears yes 7
Barbara Shaw N F Married B.A. 4 years yes 8 t r a n s fe r re d to S e f f e r s o n
Josephine Selby N ■ F Married B.A. 19 years i yes 4
S h i r l e y Pye N F S in g le
r r ? 7 v
3 years- c o l l e g e ' 3 no 4 - i \ J..-n l{-- ' ;
Lucy Bolden M F Married B.S. 20 years yes 4
Gertrude Bailey N F Married B.S. 7 yes 5
- Margaret W i l l i s
'
ns N F S in g le
"
B.S.
i
9 years yes 2
I
■9} Teachers retained at the end of school year 1968&1969 414
Fi Aide L u c i l l e W. Cart. r i g h t N F Married
. ." \ I
3 yea rs \S- ^ < j 10 years yes
7 / .T1— r;
5 ,6,7, £,8 t r a n s fe r r e d to Oakland Cons.
Mary J . Puckett N F Married B.A. 19 years j yes 1,2,3,£.4 t r a n s fe r r e d to Oakland Cons.
~ 'lu
:'t9 Teachers re ta in e d a t the end o f -school y ea r 1958-1969
School Nace . Race Sex M ar i ta l Status H ighest Education 'Experience Tenure Grade o r Subjects
E lroy Jones N M Married B .S . 8 y e a r s ” yes 6
Shira Hobson N p S in g le B .S . is year no 1 t r a n s fe r r e d to Moscow
. . I .... r i
i:2 Teachers r e ta in ed a t the end o f school y ea r J 958-1969
School Na~e Race | Sex M ar i ta l Status H ighest Education Experience Tenure i Grade o r Subiects
G ■’ m * 11 Ed Brown W M Married • yes S pec ia l Education f . : /\
Frances Leach W F Married yes S p ec ia l Education j { \}'
N e l l e Seymour W F Married yes S p e c ia l Education ' ’ \ \
Trf*ne Tay lo r W F Married yes S p e c ia l Education .
«
I
I i
4159 .Teachers retained at the end of school year 1968-1969
School | Name ] R ace ] Sax i M a r i ta l Status | H ighest Education f lxper ionce Tenure Grade o r Subjects
Hays Crossin Annie L . Doyle N F Married B.A. 15 year's yes yes 1 ,2 ,3 ,&4 t r a n s fe r r e d to S p r in g h l l l
Lenora McLean j N F Married • B.A. 15 years yes 5 ,6 ,7 ,&8 t r a n s fe r r e d to Wi.’. l i s t o n
1 j
!
I
I
»
,-9 Teachers re ta in e d a t the end o f schoo l y e a r 1068-1969________ *
School_______ |______ Marne _______| Race |______ Sex | M ar i ta l Status | H ighest Education Exper ience | Tenure i Grade o r Sub jec ts
H.vrrv Coleman N M Married B .S . 37 years yes P r in c ip a l
.. Bejnnether Brown N F Married B.A. 10 yeans yes 1
. Amanda‘ Coleman N F Married B.A. 26 years ye 3 yes 2
Nora C. Jones N F Married 3 years 30 years yes 1 . 1
Frances Fn r le v N F yes S p e c ia l Education t r a n s fe r r e d to S o m erv i l l
E l izab e th Gray N F i < : \ o r. . j»„. yes t r a n s fe r r e d to E3s ts id o
Madoerine J e f f e rson N F Married B.S. 17 years yes ■6 t r a n s fe r r e d to C en tra l t
C laudette Morro ; N F S ing le B.A. 6 years yes L ib ra r ia n
Fores t ln e Tx lce N F Married
B.A.
m t m
20 years
m . yes 6
Dorothy Vasser N F ' Married B.S. 7 years yes 5
Orialla Jones N F Married B.S. 9 years yes 4
A lb e r ta R ive rs N F Married 3 years 2 years no 1
Cnhelis Gray N F Widowed B.A. 19 years yes t r a n s fe r r e d to F .C .H .S .
Andrew Perrv M M Married B.S. 2 years no 8 t r a n s fe r r e d to Sorncrv i l l
Wilma Jarrr.on N F Married B.A. 7 years yes 2
Jennie Hobson NT F Married Y - (1— - yes S pec ia l Education t r a n s fe r r e d to S om erv i l i
Louise Johnson N F Married B.S. 9 years yes 3
t
417V-3 Teachers retained at the end of school year 1962-1963
S c h o o l N a m e | R a c e | S e x | M a r i t a l S t a t u s I H i g h e s t E d u c a t i o n I l x p e r l e n c e
L a G r a n g e j A n s e l G r i f f i n I « I F i i V . a r r l e d l o . . . . . . . . . . 1 .- - - - - - - - - r ~ 1 --------- 1- - - - - - -- - - - - - - - - - - - - - - - - * - - - - - -
,79 Teachers r e ta in e d a t the end o f schoo l yea
c.-hnol 1 Name I Race 1 Sex
r 1968-1969
M ar i ta l Status H ighest Education £xpor lence Tenure i Grade o r Subjects
1
........ ' 1
0111c To ld s 1 N F Married
71 1
2 years ( ) ( p 25 years yes a l l grades transx 'erred to Southwest
------------------------------------------------------------------------ -
- 9 Teacher r e ta in ed a t the end o f school y e a r 1968-1969
School | Name | Race | Sex i M a r i ta l Status | H ighest Education f lxporlence Tenure i Grade o r Sub jec ts v
I-aGrange Co| s . S a l l i e Ford N F Married B.A. 25 yeaVs yes 8
1 Annie B a i le y N F Married B.S. 4 years yes 3
Cora L , Wright N F Married B.A. 12 years yes 1 *
Zore Warren N • F S in g le 3 years [ ") 7 years yes 5 '' ,• ‘V<T\ /
;
Henry Batts N M Married B .S . 13 years yes
/
04
Nancy Knight N MF Married 3 years ( " \ S U ) 40 years yes 7 t r a n s fe r r e d to Cen tra l t
x
Jan ie Fortune W F Married 3 years 8 years no * a x ' v . & t t x i
1 I I i l 1 »
418,■0 Teachers retained at the end of school year 1968-1969
School l Name Race Sex M ar i ta l Status H ighest Education Experience Tenure Grade o r Subjects
.We r(V7 Dorothy Morton W F Married M.A. 24 yearns yes 8 t r a n s fe e r e d to c en tr a l o f f i c e s t a f
M a tt ie Browning w F Married B.A. 29 years yes 2
M ildred ,Carruthe rs W F Married
— i
3 years 7 7 years yes s
1 7 n
4 , &■'. V
Mary N e v i l l e W ' F S in g le 3 years 41 years yes 05 .
Susie S ides W F Married B .S . 7 yea rs I yes 1
Orpha C leve land W F Married B.S. 21 years yes 3
D e l la Maclin N F Married 3 years 4 years yes Remedial ^
P h l l l iD Farmer W M Married B.S. 1 year
Experience
no 6
,i9 Teachers r e ta in ed a t the end o f schoo l y e a r 1968-1969
School l Name i Race l Sex | M ar i ta l Status I H ighest Education Tenure i Grade o r Sub jec ts . t
Lonatown Dennis Hall N M Married B.S. 28 years yes 5, 6,7 ,&8 d" > t r a n s fe r r e d to Qradon-Sii
| Rosie C. Jones
"9 Teachers re ta in ed a t the
-
end o
| F i Married
f school y ea r 1968-1969
B.A. 10 years yes 1 ,3 ,2 ,S4 t r a n s fe r r e d to Braden-Eli
School | Name Race Sex M ar i ta l Status H ighest Education Experience Tenure i Grade o r Subjects ,. , . (
.’.'t. Zion James P. Mos’oy N M Married ' * yes
\ M * *
7S8 t r a n s fe r r e d to Southwest
Georgia Neal j N F S in g le 3 years ( 'V 23 years yes t r a n s fe r r e d to Southwest
I.udie Neal N F S in g le 2 years v.. ~ w ' I 22 years yes t r a n s fe r r e d to S p r in g h i l l r '/
Scavory Grandbc ry N • F Married B.A. 15 years yes 1&2 t ra n s fe r re d to Southwest
I I I
,•9 Teachers retained at the end of school year 1968-1969 419
School. ] Name Race | Sox M ar i ta l Status H ighest Education Experience Tenure i Grade o r Subieets
Consolidated Es-siitt Person N M - Married B.A. 31 years yes 7
F lo s s i e Bracken N F Married B.A. 33 years yes 2
L o r ic o Bu tle r N F Married B.A. 10 years yOs Z1
Gerjiio Coleman N • F Married B.S. 10 years yes yes 4
Annie 3. Morris n F Married 2 years rV S U) 29 yesss yes ■ 6
ArSissio Owens N j F Married 3 Jears f* <•, ( 26 years yes 2 J - . '
/’ s' ■
Cdess Odessa Person R F Married B.A. 28 years yes 5.
Margaret P r u i t t N F Married B.S. 8 years yes 1
Irene R i l e y N F Married B.A. 21 years yes 5
S y l v e s t e r Poson N M Married B.A. 25 years yes 8t r i------
i:9 Teachers r e ta in ed a t the end o f school y e a r 1968-1969
School Name Race Sex M ar i ta l Status H ighest Education Experience Tenure i Grade o r Subieetc
0 *Vi and W il l iam Shot on V/ M Married M.A. 1 no 7&§
Mildred Hines W ]6P Msrried 3 years ( ' f i ' S ' J 21 years yes 1 <0U
F.tizabnth Irw in W F Slnqle 3 years ( 23 years yes 4&5
K-i t h or i n e V/ebb w F Married B.S. 17 years yes 2&3
Alma Lnno V F Married MA. 6 years yes 6&7
•
r 1 l
1968-1969 420.19 Teachers retained at the end of school year
V
School | Nama Race I Sex M ar i ta l Status ! H ighest Education fecoerience Tenure i Grade o r Sub iec ts
Parks W il l iam Pow el l W M Married M.A. 28 years yes 7&0 t r a n s fe r r e d to Cen tra l
Pau l ine Rogers W F Married ■ ■■ yes
✓ t V
1,2,5,3 t r a n s fe r r e d to S c n e r v i l l e • f)_.
Evia CJutts
i
w F S in g le 3 years ( ) 34 years y^s 4 ,5 ,56 t r a n s fe r r e d to Me scow ► ‘ ‘r
--------- — ------ ---------------------------------------------------------•„
,V9 Teachers r e ta in e d a t the end o f schoo l y ea r
1968-1969
School Name Race | Sex M ar i ta l Status | H ighest Education Experience Tenure Grade o r Sub jec ts , )
R o s s v i l l e S h ir le y Atkins N F Married 3 years ( • ' 29 yeaVs .yes 4 t r a n s fe r r e d to Southwest
- _ . Margaree Dean N F Married 3 years [ '"’i V t 6 years yes 1 t r a n s fe r r e d to Southwest
Almeta ,James K F Married 3 years ( \ 27 years yes 6 t r a n s fe r r e d to Southwest
Clara F inn ie N .• F Married 3 years ■ „ i ■ 24 years yes 2 t r a n s fe r r e d to Southwest
V a le r ia Robinsc > N - . ? Married 2 years 33 years yes 7 t r ^ i js fe r rgd tto Central)
P c l l y Jones N r Married 3 years f 27 years yes ,3 t r a n s fe r r e d to Southwest
Opal Franklin N | F —n I ) \
yes .5 t r a n s f e r o d T t o .Eijstside',. \ j
Ula Hobson N p Married B.S. 2 years no 1 t r a n s fe r r e d to Southwest
T erry Rodfearn
I
W j M S in g le no 8 /^~)V?ansfe rred to Southwest'
I' ’----------
1
!
■ I I ! >---------------------- ---------------------------------
' -1
-7 u
*• 't
421::"9 Teachers retained at the end of school year 1968-1569
School | Name Race | Sox | M ar i ta l Sta tus I H ighest Education fe<oerienre Tenure i Grade o r Subjects
crr.ervi l i e Wayne W il l iam s | W M Warroed M.A. 2 jfno P r in c ip a l
Ten.nie Zue Armou-J W F Married B .S .
i , , ,
31 years yes 5
’■'•ary Bol.ton . I w F Married B.S. 11 years yes 4
W in i fred Dobbins W ! 'F S ing le 3 y esrs ( '') 35 years yes
------;----------------------- =-r------- — r t r ----------------------------
7 c V ' 5Vx r
Z i l l a Hawkins . W F Married ■B.S. 11 years yes 8
E l izab e th Henry w F Married A. A. 7 years yes 2
Margaret Levy w F Married 3 years i V'l\} 22 years yes 5- fu
L in n ie Mae Luck w F S in g le 3 years ( ^ 37 years .yes 1 ' - r ; .71 ? o , . , ' ; c
1 / f / > . j -
Mary B. Mont gome: y W F Married B.S. 26 years yes 6
3 i rd ie Mae Sande' s W F S in g le B.S. 28 years yes 2
Marie T a y lo r W F S in g le B.S. 37 years yes 6
Norma Cox N F Married B.S. 7 years yes Phys ica l E d u ca t io n 't ran s fe r red to Braden
D ix ie Jordan N F S in g le B.S. h year no L ib ra r ia n t r a n s fe r r e d to Springh
Clara N'unnally W F (Married B .S . fi$ years yes 4
.'■’.ary T e r r e l l VI F S in g le B.A. 1 year no 7
Margaret Donnell v; F Married B.S. 24 years yes 4
Robert Donnell w M Married 3 years ■ 34 years yes 8 ‘̂ t r a n s fe r r e d to 'Southwe
Karen Turner w F Married no 8 t r a n s fe r re d to F.C.H.S
----------------------------------------- -------------- -------------------------- ] -
’ •> •-
V '<
tr. I
* 422
‘0 Teachers r e ta in ed a t the end o f schoo l y e a r 1960-1969________
chool | Name I Race | Sex | Marital Status | Highest Education Experience
1 \ |__ Wi l l i e Waddell N
Mibl e V/atker
Olivia ‘Railey
JMiS-CfiX.
__ Ernni e Mae Colo
J jia a _ i£ i f i le s
Bvrdln M i tc h e l l
Joel R i v e r s
Clara Rufus
M Married
Married
Marri ed
Married
Married
Single
Minnie
Married
Married
B.A.
2 years
j~r~s
3 years ( /
21 years
26 years
7 years
B.A.
3 y ears
B.S.
3 years l l - W
B.A.
2 years
1 years
18 years
26 years
15 years
8 years
27 yesrs
Tenure ; Grade or Subjects
yes
yes
yes
yes
yes
yes
yes
yes
yes
P r inc ipak
8 Pu'Mi
L ib 1Parian --o'
G’/v ^ 'A
■ 'lu
VST
- ■J'V
. iO:- ' *>>
Pnl r ontr^ Clark Married
P a t t i e Hoh^on_
3 years ) 27 years yes
S in g le 3 years C. C 1 9 years yes tV'*'
;‘9 Teachers r e ta in ed a t the end o f school y ea r 1068-1969
School | Narr.a Race | Sex M ar i ta l Status Highest Education Ixpor ionce Tenure Grade o r Subjects
S t . Luke W i l l i e G. Rose N F Married
_ r i
3 years ( ' tv*. 30 y ea ls yes 4,5,5.6 t r an s fe r red to Southwest
Marie C. Jones N F Married 2 years ( \ 25 years yes 1,2,&3 t r a n s fe r re d to' Southwest
I.iila J „ Dewitt N F Married
t f. .
3 years ( ,\ t > \ 22 years yes 7&8 trans fe rred , to^ Southwes^
--------A-
I
.-9 Teacher
School
s r e ta in e d a t the
Name
423
end o f school y ea r 1968-1969
R ace ! Sex | M ar i ta l Sta tus | H ighest Education fecporience i Tenure i Grade o r Sub lec ts ' ;l / / / 1—
‘.’ -rr^n Rosa Nev/hem N F Mai-ried
7 )
3 yea rs ( ■ • ' ■ 27 yea rs yes
■ ) /-Ss. it »
a l l grades *\J t r a n s fe r r e d to Oaklar
1 1
.'9 Teachers r e ta in e d a t the end o f school y ea r 1968-1959
"choo l ! Name Race | Sex M ar i ta l Status | H ighest Education !experience Tenure i Grade o r Subjects
V 'n H s ton Ine? Rike W F Married 2 years 15 years yes
.-"7 ~ ■ -
6 ,7 ,&a '<
Mav Newby w F S in g le 3 years 34 years yes 1.2,5,3 ■? , ,
i.-D Teachers retained at the end of school year 1 968-1969 424
School | Name I Raco | Sex ! M ar i ta l Status i H ighest Education j ixpor icnce Tenure i Grade o r Subjects
F-.vette Co. J .R .Morton W M Married M.A, 24 years yes P r in c ipak
.iiejh School
Vfanza 3osv;e ll ! . 1 F Married MA, 29 years yes Laton
3111 Bradford w ! M Married M.A. 5 years yes Band
Henry Ducruette w M Married B .S . 19 years yes Physics and Chemistry
Sarah Day w F ■ S in g le B.A. 6 years yes English.
E.C.Holder w. M Harried 8 years yes Trades
Lol s Morton w F Married M.A. 28 years yes English
Bess McNarnee w F Divorced B.S* j 26 years y-es typ ing
Sara Yaoer w F S in q le B.S. 14 years yes L ib ra r ia n
Laura Winfrey w F Married B.S. 6 years yes P hys ica l Education
Gene Cain w » Married M.A. 13 years yes S o c ia l S tud ies
Glen Cathcart w M Married B.S. 7 years yes Chemistry
Paul G la s s ,S r . w M Married T T ^ T yes
. 1
S o c ia l S tud ies ^ t r a n s fe r r e d to Cen tra l
Paul G lass , J r . w M Married B.S. 0 years no
—— —------------------------------------------------------------------ :V-yV
B io lo g y t r a n s fe r r e d to S o m erv i l l
Janes Jackson ’// M Married B.S. 3 years yes Science
R*chard Tomlins •n W M Married B.S. 1 year no Mathematics
Grady Hr.Coy 1 W M Sinq le B.A. 1 year no English
Marion V.'etzler w M Married B.S. 39 years yes Mathematics
| E1 o i s e Fe rou s pr» 1 w F Married B.S. 11 years . yes Home Economica
Janes McKnight | W M Married M.A. 29 years yes S o c ia l Studies
■ . -f ' ■•//
-y\
;-9 Teachers r e ta in e d a t the end o f
School | Name | Race 1
. • • • ̂ - ’ \
/~i , ■ ̂ L.
F ' U.~- '4~ •• ^ 1 In-v
r - , \ » .* ,
' , " V •"* jOC 1 V v.
school y ea r 1968-1969
Sex | M ar i ta l Status j H ighest Education Exper ience
|A<V
V . - v ' . .
Tenure i Grade o r Subjects
Waro Hic?h Sc! Thomss Adair N M Married M.S, 33 years yes H is to ry
W i l l i e B a i le y N M Married S .S . 4 years yes A s s is t a n t P r in c ip a l
Hrov Beard N M Married B.A. 8 years yes S o c ia lS tu d ie s
Samuel Caroenter n M f e r r i e d B.A. 26 years yes P r in c ip a l
1 Walter Exum, J r . N M S in g le B.S. 4 years yes Phys ica l Education
Hardin Franklin N M Worried B.S. 4 years yes A r g ic u l tu r e
P a t r i c i a Haves N F Married B.A. 7 years yes English
Juanita Currie N F Marr'ed B .S . 9 years yes Typing
- a I t o r Jones N M Married 2 years 9 years yes Trades
Va ch t l Jorri.v Vashti Jordan N F S ing le B.S. 5 years yes Fn ys ica l Education
W i l l i e C. Morrow N M S in g le B.S. 6 years yes Mathematics
Clyde Mosby N M S ing le B .S . 5 years yes Mathawtics
Ethel M urre l l N F S in g le B.S. 21 years yes Home Economics
Eddie Renners N M Divorced yes Aoto Mechanics
Love R ive rs I . M Married i v . > • > , V . v-V 1 ,
. c
yes
/
A g r icu l tu r e / t .
Marv Sh ii lr is 1 N F Married B.S.
h/
'13 years yes Home Economics
MAe C. Smith N ■ C Married B.S. 4 years yes
1
Ora Towles 1 n F Married M .S . 17 years yes Guidance Counselor
Bonne 11 Turner | . M Married B.A. 10 years yes French
F lo ren t in e Turne | » I F Married B.S. 9 years yes Physica l Education
WV •.. A \ ’ ' "? ... - XU-*’
;9 Teachers retained at the end of school year 1968-1969 426
School | Marne I Race j Sax ! M a r i ta l Status I H ighest Education ! Ixperionce Tenure i Grade o r Subjects
Howard Walker
1
N | M Married M.S. 25 years yes A s s is t a n t P r in . t r a n s fe r r e d to Southwest
E l i z a b e th W iley ■ N F Married M.A. 24 years yes B io lo g y t r a n s fe r r e d to F .C .H .S .
Lewis W iley N
1
M Married M.S. 19 years yes A g r ic u l tu r e
E l izab e th Yance « ! F Married B .S . 22 years yes L L ib ra r ia n
D o l ly Turner • N | F S ina le B .S . 14 years
i
y es I Science
Charles Archiba d N M Sinq le B.S. 18 years yes Chemistry
Mildred Neal N F Married B.S. 5 years yes Eng l ish
Charles Howard N M Sinq le B .S . 4 years ye yes Mathoiatics
V es tc r Hobson N F S in g le B .S . 3 years yes Physica l Education t r a n s fe r r e d to J e f f e r s u
J .E .Sur.mitt W M Married M.S. 36 years yes Mathematics
Sherman Coleman N M Married B.S. 2 yee/vs no Typing
W il l iam Mabon N M Married B.S. 6 years yes In d u s t r ia l Acts
K y les Wilson N M S in g le B.S. 1 year no Phys ica l Education
Cornelius Doual iss N M S ing le B.A. 0 year no .
Earnest Huohes . K
Charles F. Lee N M Married B.S. 9 years yes
1
......................... 1
1
I
427
*10 Teachers dismissed, discharged, or terminated (including resigned) at the er.d of school year 1967-1968
School ! Wane ! Raco i Sex 1 M a r i t a l Status 1 H ighest Education ! F.xparlence Grado/Cubject Tenure I Reason for te rm ina t ion
Braden Evelyn Marburg W F ,<>,v k No Resigned
| P h i l l i p McCluJ.o W M /') ih‘ i\; !■ No Resigned
ra y e t ta t o , j
Training Elc~-. Anna Armstrong N F Yes R e t i r ed
Etta Mobano | N F figure} Yes R e t i r ed
Enoch Atkins |
I
N j M -- no I n a b i l i t y to pay debts V v ’- V '
J a f fe r s o n | Dorothy SIocuit N ! F no i l l n e s s
| I
Joe L . Jones , N j M 'A-/i}~
k \ V '
yes Incompetence
Oakland |
Conso lidated Catherine Hall] N F A V yV ' lire/
1
I yes deceased
bornerv i l ie
Elementary D iv id Givens ■ W M /Vst/Alt. c/ yes res igned
J e rry Barnes j w M /■//,’ Alr’A
1
. _________ 1 no res igned v
.unrrey
J E l izab e th /'Mtf W ■ ?Ari/■/?
\
J yes r e t i r e d
W il l iam Cannor. W M . no res igned
J ,’/Rebecca Rhea w F f'f/r/i. X ) /:</
1
1 no res ighed
\
i
»
.
i .
—
II i
i
i
i___
" 1 " : 1
i t
I 1
428
-rlO Teachers dismissed, discharged, or terminated (including resigned) at the end of school year 963
1. Namo 1 Race ] Sex i M a r i t a l Status 1 H ighest r.ducation j Experience Grade/Eubject Tenure Reason f o r te rm inat ion
-• r/3 t „T) vOT
High School Jim P o tee te W M /bit. rd no res ign ed
Jimmy McClain W M Si).~<l no Resigned
/ u n \ / n u u \
1
David Wagster w M f'pn’./l; Eel yes Resigned
1 j
George.BaDon w 1 u | S i d ’U'.srJ ! No Resigned
James F ra z i e r ! w j M j f!\/r d no res igned
Sandra Rodgers w F I E no res igned
Leatha Peppers N F
. , . t
no res igned
hare Hogh Sc' Clarence Hunter N M f.cL no res igned
j J e r ry Ki Hough ' xw M no res igned
j Rosie Turn ipse jd N F E E no res igned
>
I i
\
I
i
1
«
i
1
i
i
!
I
i
i
1
i |
429
1968-1969
>10 T e a c h e r s d i s m i s s e d , d i s c h a r g e d , o r t e r m in a t e d ( i n c l u d i n g r e s i g n e d ) a t t h e end o f s c h o o l y e a r
School Name Race 1 Sox | •Marital Status 1 H ighest Education ! Experience iGrade/Cubiect Tenure Reason for te rm ina t ion
9r.rir.ghl 11 Firm a McDonald N F S lno lo ves r e t i r e d
Samuel Me Cull,
1
r W 1 M i
»
S ino le
i!nXSSS
i
K tho l Harr is i N F Married
' ./ l l l is ton i Thelma Rodoer.l w | F Married VP.1
f .c .h .9 . 1 Dalton Brothei s W ! » 1 Married no
1 Nancy P o r t e r 1 W F I Karr ied no hea1th
Panda 11 Fermi;' on W M Married no /■■ C / •' A / »' ,r JW^
1
....._________J _ * i l . ia . .C£aAn__ /- 'S .■ /■><? j. n d - »
T 'n O a y l s „ H Karr ied
__Peggy_SnUh
t
W 1 F ___ Kaxxifid_________ i no
___
i
__':'Ii llli*J'l_Y.8:SJs Cl , M M aix isA
i
!
1 ves rftsionod
! Tommie M i l l e r M M /{i’— r- r .
' '
■'A>
1 _ _Robert _Paredc W M Sin a le no r^ '^ rn ed 'y.’f A •' ^
I Dorothy Ho H i - LslA J L ! -h , 1 ! '
1 Chary Moss , L i _ Married nn
1
f. Dox'.d P i c a ... _____JfL '_____! L _ ...-.-Mjxrlgd_________
; Mike Vurnhv w M ____S i M l c ___________
[ _ ! no
N
_____U___! M
l
I Married_________ no Vo^ior^od
i1 i
. . . . . . _
'
1
i
J< - - ____ ____ I11"""1" ■ ■ i
1
1 ! i !
430
:r10 Teachers dismissed, discharged, or terminated (including resigned) at the end of school year 1968-1969
School | Name ! Raco j Sex | M a r i t a l Status j K iohost Education Experience iorado/Subiect Tenure | Reason f o r te rm ina t ion
3radan-Sinaj Leroy Shaw __ N | M Sinq le no
; V j .
teach in g out o f f i e l d ' ;/;•'•* * ,
Easts lde I MattleMorrow N F Married yes r ! ;re s igned
! A r t i l l ianMorro'. } N P Married '/.?<■> h ea lth
Braden I.ockie McCraw W F Sinq le yes r e t i r e d
F .C .7 .E . Edna Eurnett | N j F \.l', jScn) yes r e t i r e d
i !
Rodney B u t le r | W | SM S in q le no res ihned
J e f f e r s o n 01116 R ive rs N | M Married yes deceased
-J?99 Henry Grigc s N M .
■
X -Y •> hea lth
1
LsGrange | Kathy McDonald W P S inq le no res iqned
i
Lr.Gvanqe Com, .Helen Jacksob 1 N F Married r e t i r e d
Mo s cotv ! Mrs.JlB.Brunsor] W | F Married yes r e t i r e d
Mrs. Steve Brunson W F Married . no resinned
Oakland ConsJ M ildred A l len N F Married 1
1 no resiqned
Somervu l i e 1 Hazel Givens | W
i
F | .Married
t
i yes res igned
! Mrs. J .C.MontaJmery W T? Married yes tes igned
! H er l ino P r ic e W F 1 Married yes resiqned
David Me Cor. os M S inq le no resianed
1 S a l l y Anthony w F Married yes resinned
1 C e l ia Yancey _ 1 w ! F
!
Married i no h ea lth
j Janice G o f f i W
t «
F _ 5 iQ 9 l ? ____________ no 1 res iqned
?;i 1
cr.ool
Teachers newly employed for and during school year _l2fiZ=5SL. 431
j Marne
l':;a> o t Uc_iiish_£c hcc 1
• P • K-'ze-Jiioh_______
•last S iJ 1;_____________
Braden clem.
-E-IuLsn—F ernnson
'/■yie.5_yyil£an-
-E l 'l3—M.. Hobsop
_l.i_l.lie H a m n t o n
Penny Smith
pace
W
a ex M arita l Status______| H ighest Education
-Jitxrifid-
- S i ng le
-Marr ied
Married
Married
-JUL
J L i L .
R . S ■
R.S.
B.A.
I
i Experience
-12_ No
Mo
No
No
2
Grado/Subjccts
Homo Hconomics
^Physica l Education
.. 2nd Grade
..'Hh Grade
Spanish
432#11 Teachers newly employed for and during school year 1968-69
School | Name (Race joex I M a r i ta l Status | H ighest Education 1Experience Tenure Gvade/Subjccts
Braden HLem. . •• | Cynthia L o ftw ich j w F Married B.S. ' * I No 2nd & 3rd Grades
Srtrien Elem. Barbara F le tch e r w F Married B.S. 2 No 7th Grade
Fayet te Hinh, ! Gene Cain i w M Married M.A. 2 No 9-12 S o c ia l S tud ies
Fa/ctta Hinh Glon Cathcart w M Married B.S. 2 No 9-12 Science
r e v e t t e Hinh Grady McCoy w M S in g le B. A. ■2 No 9-12 Eng lish
Fayet te Hinh James Tomlison . i Married B.S. 2 No 9th A r i th m e t ic — Coach
|
W.p. Ware H'.bh i Corne lius Douglas N M S in g le B.A. •1 No 9-12 Band
W.P. Ware Hinh Charles F. Lee ! N M Married B.S. 1 No 9-12 French
Soc.“ r.vi 1 l e Elcm. . D ix ie Pye » > S in g le B.S. » No L ib ra r ia n
i
Soi..e'i\ 11 e F’ cm t C lara Nunnally F Married B.S. . No 4th Grade
So-r.ervUle Flcm. Mary T e r r e l l . _ F ___ 1 S in g le B.A. 1 No 7th & 8th Grades
Fayet te Hinh Paul Glass J r . w M Married B.S, 1 No 10 & 11th Science
Son^rvl 1 I p Flcm. Annett M idd leco f f w F
.
Married B.F.A. 0 NO l-4 th Art
Oakland FI cm. W il l iam She i ton w M Married B.S. 1 No 7th & 8th-
Moscow Flem. P h i l l i o Farmer w M Married B.S. 2 No 6th Grade
,\*orcov; F1 o n. Shira Hobson N F S in g le CO CO r • 1 No 2nd Grade
LaGrrnoe Con. ( Janie Fortune w F Married
! •
3h y rs . 0 No
w - ') .
2nd Grade J-
Jp.k ôrfon Con. Charles W il l iam s N 1 V. Married B.A. ■ 0 No 6th Grade .
S P rAge U i 1.1_________
\i
Snmue 1 McCu 1 l e r w M Sin g le 3 y rs Co l le ge 0 . No 1-8 P hys ica l Education /_ f
wll Teachers newly employed for and during school year 19 69-70 433
School Name |?!aco f lex | M ar i ta l Status H ighest Education Experience Tenure Grado/Subjocts
2 Dannv Jones ' I w M Sin g le B.A. * 0 No 5th & 6yh Grades
3 atnaoJ_____________ Puth W il l iam s I w F S in g le B.A. 0 No 2nd & 3rd Grades
Braden S inai Meredith Bumbalou h W l P ' Married B.A. 6 No 1st Grade
Braden S inai Catherine Peppers W F Married B.S. 0 No 5th Grade
Bradep , Sara Beth Swope w F Married B .S . , B.A. o- No 4th Grade
Erafien Joyce W il l iam s w F Married B.A. 0 No 5th & 6th Grades
Central. Marsha Smith w F S in g le M. A. 0 NO 3rd Grade
Centra l E i leen Cowan w F S inq le B.S'. 0 No L ib ra r ia n
C e r t -a t Goornena Fowler w > Married B.A. o No 4hh Grade
Fc- 'e tte Htnh Benton Grinder w M Married B.S. o No Voc. Ag .
Fayette High . Foyw Norwood w M Married B-S. o No H is t . Govt.
"A y c lU U U o h Vida Teanue w F S ing le M.A. 0 No Mathematics ;
‘ i y a t t a ja i o h ______ Teresa Thurman w F S inq le B.A. 0 No Spanisd & English
Mi nh. C., — — ... _____3?-tric.ia Tracy w F Divorced B.S. 0 No Home Economics
Q, - . :!~ rn High .„?-j.ch?.rd.,Glass w M Sinq le B.S. 0 No B io logy ,Eng losh
V; o I Helen Pearce w | F S inq le B.S.E. \ 0 No Ki s t ry
• • f Lllch ! Maurine Bronauoh N i F Married B.S. 0 No Home Ec.
! Fd Sweda w M 1 Married B.S. 0 No S peech ,L i te ra tu re
. S re H1oh ! F>! znbeth McKelvv N F 1 Married B.A. • 0 No 9-12-English
’ /"jsaJllgh.__
|
!—3i!jKnxJlQidPa_ N M ' S inq le 4 y rs . ' Co l lege 0 I No 11-12 D r iver Ed. \ ''■ ( J
. ---------------------- -------------------------
1 Teachers nev.'ly employed for End during school year 1969-70
School | Name !' ince ( lex | M ar i ta l Status j Highest Education Experience Tenure I Gvade/Sublccts ’
'.'are High H ilen P. K e l l e y ■ 1 F | S in g le B.S. ’ 0 No 9-12 Science Chemistry, Physics
VI. P. Ware Timothy Howe W | « ! S in g le B. A. 0 No 10 English
'.'.'are Hioh Sue Latt imore N F S in g le B.S. 3 No 9 - Ena 1i sh
1
H.P.'.'.'aro Hioh 1 Lowdcn Anderson N' M S in o le B.S. 1 No 9-10 B io logy ,Gen Science
VI, P. Via re Hioh P .R . Turner w M Married B.S. ’ 18 No 9-10 A lgebra
VI.P.'.'.'are Hioh ! harry I.vnch w M Married B.A. 1 No 9-12 Guidance
Southwest i Linda Owens w F Married B.S. 0 No . 1-8 L ib ra r ia n
Sout^v;«st P.mola Cobb w F Married 3vrs . C o l l e o e 1 ) 0 No
( /•- 1
7th A 8th Grades . * ' "• - :
S n i a r b i U ___ L in d a C a m p b e l l _ W 1 > SjjDOlf . - B.A. .......... ! 0 No 2nd Grade
' l - ' h o M U ________ J>idy_Aad.eX, rn î_____ w F S i no1e B.S. ! 0 No 7th & 6th Grades
a>-V i 1 F ̂ r»»ri t I. iddia Crawford 1 W F Widowed 97hrs. College/ * / , No
r . i
K inderqorten v • ■
Se~ety.i l le .Klein. I Joan Mad In N F Si no le
. - *~y
B.A, 0 No L ib ra r ia n ,
0,'- ' ' ■r J Con. I Jack L a s s i t e r 1 W I M S in o le * B.A. 0 No 7th A, 8th Grades S o c ia l Studies
0 1 r*r><-i Ton. David Wheat 1 . 1 M ! S ino le B.A. 0 No 7th & 8th Math1
Vorc^'.v ' Thomas Du f f v 1 W M Married B.A. 0 • No 8th Grade
."or.rjjH____________ Carole ’.'siranne w F Married .. . B.S. 0 No 7th Grade
toSXwiCQ - - ̂ ’ ’ av/ Brev;rv_______ w , ___ S ing le______________ B.A. 0 No • 6th A 7th Grades
In CLuiidaa_________ ̂ 1 .on: ce-.liarst.on ’V Widowed____________ .........B.S. , 0 No Remedial Reading
U^xj:on_________ '___ Robert.Rader L . ,, ___ Isteixifid____________ .. .. B.S. ... 0 No 7t.h A 8th Grades
J i f fu td o a —
1
•____ iLixoLL-Cox_______ Iw M Sing le B.S. 0 No 7th & 8th Grades
435
•̂r l 2 S t a t e m e n t o f F e d e r a l F u n d s
F a y e t t e C o u n t y S c h o o l s r e c e i v e d o r e x p e c t s t o r e c e i v e F e d e r a l F u n d s a t
b e l o w :
1967- 1953 $902,500.00___
1968- 1965 $819,496.98_____
1959-1970 $707,565.00
t h e r a t e l i s t e d
436
# 1 3 T e a c h e r s n e t F u l l y C e r t i f i e d P r o f e s s i o n a l l y f o r 1 P o ~ ' ~ 1 9 5 0
T e n n e s s e e d o c s n o t i s s u e c e r m a n e n t c e r t i f i c a t e s .
N ?. ir> <3 R a c e S e x M a r i t a l S t a t u s
1
L e r o y S h a w | N M S i n g l e B r a d e n - S i n a i
G e n e v a • L a w r e n c e N F M a r r i e d C a n a d a v i l l e
E a r n e s t i n e B r o w n N F M a r r i e d F a v e t t e C o u n t y T r a i n i n g
B e s s i e M a l o n e N F S i n g l e F a v e t t e C o u n t y T r a i n i n g
C l e o l a M o r r o w
'
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5 R-sploycas of the Fayette County Board of Education who were transferred to a schisol of a different race or fircdoirinately of a different race for 1907- 1
Narr.o Xaco JSex a r l t a l S ta tus rev lou s School Gradc/Subjcct |
[ C e r t i f ic a t io n
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f o r t r a n s fe r
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f o r o r ie n ta t io n
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grado l e v e l o r
su b jec t m a tter
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446 1968-19' 0
;15 Employees of the Fayette County Board of Education who were transferred to a schhol of a different raco or pircdor.'.nately of a different race for
ace >ex j'o r i t a l S tatus "ev iou s School Srado/Subjoct
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447
1969-1 yr.
Employees of the Fayette County Board of Education who were transferred to a schhol of a different race or predominately of a different rr.ee for______
Name lace Sex
i
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| C e r t i f ic a t io n
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1
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j
i m M arried S o m erv ille Elem S
'
i
448
¥15 Employees of the Fayette County Board of Education who were transferred to a schhol of a different raco or predominately of a different race fJ^69-1970
Kamo Raco Sox a r i t a l S ta tus rev io u s School JGrade/Subject
l C e r t i f ic a t io n
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f o r o r ie n ta t io n
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1
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Paul G lass, S r . W M M arried C en tra l
•
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149
#16
L e r o y S h a w w o u l d h a v e r e c e i v e d p a y a t t h e r a t e o f $ 5 , 6 5 0 . 0 0 _________________ p e r
y e a r
h a d h e b e e n e m p l o y e d b y t h e F a y e t t e C o u n t y B o a r d o f E d u c a t i o n f o r t h e y e a r 1 9 6 9 - 1 9 7 0 .
450
#17
L e r o y S h a w ’ s q u a l o f i c a t i o n s a s s h o w n o n t h e r e c o r d s o f t h e F a y e t t e C o u n t y B o a r d o f
E d u c a t i o n a r e l i s t e d b e l o w :
___________ T e m p o r a r y C e r t i f i c a t e N o . 428522, R e - I s s u e d 8 / 0 7 / 6 8 , I s s u e d 1 0 / 2 1 / 6 5 i s s u e d o n
____________ 4 y e a r s c o l l e g e i n t h e a r e a o f E l e m e n t a r y ( G r a d e s 1 - 9 ) . __ E x p i r a t i o n d a t e J u n e 3 0 ,
1 9 7 0 .
151
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT GF TENNESSEE
WESTERN DIVISION
LEROY SHAW, JR., )
)Plaintiff, )
: CIVIL ACTION
vs* : NO. C-69-221
)COUNTY BOARD OF EDUCATION OF )
FAYETTE COUNTY, TENNESSEE, etc., )
et al, )
%yDefendants. ' )
AFFIDAVIT
STATE OF TENNESSEE:
: ss. :
COUNTY OF SHELBY :
I, John E. Bagwell, being first duly sworn, state
upon oath that I am Superintendent of Fayette County Schools
and Secretary of Board of Education for Fayette County,
Tennessee, defendants herein, and that the Answers to the
Interrogatories heretofore made are true to the best of
my knowledge, information and belief.
•. John E. Bagwel'x"
\ \
SUBSCRIBED AND SWORN TO before me this 26th day of
January, 1970.
My commission expires:
452
CERTIFICATE CE SERVICE
The undersigned certifies
attorneys for defendants herein
a copy of the foregoing Answers
that he is one of the
, and that he has served
to Interrogatories, by
Unrted States -rail, postage prepaid, this 25th day of
January, 1970, upon:
Avon N. Williams, Jr.Esq.,
Suite 1414 Parkway Towers
404 James Robertson Parkway
Nashville, Tenn. 37219
~s Vj
453
-13-
CERTIFICATE OF SERVICE
The undersigned certifies chat he is one of the
attorneys for the defendants herein, and that he has
served a copy of the foregoing Response on plaintiffs
counsel via United States mail, postage prepaid, this
8th day of October, 1970, addressed to:
Craig Crenshaw, Esq.
United States Department of Justice
Civil Rights Division
Washington, D, C. 20530
Avon N. Williams, Jr.Esq.
1414 Parkway Towers
404 James Robertson Parkway
Nashville, TN 37219
A n
454
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
LEROY SHAW, JR. r )
)
)Plaintiff
Civil Action«•vs. •••« No. C-53-221COUNTY BOARD OF EDUCATION OF )FAYETTE COUNTY,
et al
TENNESSEE, )
)
)
)Defendants
RESPONSE TO MOTION FOR TEMPORARY
RESTRAINING ORDER AND/OR PRELIMINARY
INJUNCTION
Come now defendants, County Board of Education of
Fayette County, Tennessee, and for response to the Motion
for Temporary Restraining Order and/or Preliminary Injunction
filed in this cause on July 31, 1969, respectfully show
unto the Court as follows:
That they generally and specifically deny the allegations
of said Motion as heretofore set forth in their Answer hereto
fore filed in this cause, and that they generally and specifically
deny that the plaintiff is entitled to the relief sought in
said Motion for the grounds heretofore set forth in their
Education
CERTIFICATE OF SERVICE
The undersigned certifies that he is an attorney
for defendants herein, and that he has served a copy
of the foregoing Response on counsel for plaintiff,
via United. States mail, postage prepaid, this 8th
day of October, 1970, addressed to:
Avon N« V7illiams, Jr.Esq.,
1414 Parkway Towers
404 James Robertson Parkway
Nashville, TN 37219
I'M THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
156
JOHN McFERREM, JR., et al.
Plaint: iff a,
and
UNITED STATES 0̂ AMERICA,
P la in t i ££•- In t cr venor
and
MRS. MABLE C. WALKER,
MRS. ARISSIE HARDY OWENS,
MRS. ROSA J. NEWBERH,
MRS. DIXIE JORDAN PYE,
MltS. NANNIE M E COLE,
MYLES WILSON,
LOW'DEN E. ANDERSON, JR.,
CORNELIUS V7. DOUGLAS, JR,,
SAMMY GORDON.
EARNEST HICUES,
MRS. 0PAL L. FRANKLIN,
MRS. WILLIE B. JOHNSON,
Intervening Plaintiffs,
vs,
COUNTY BOARD OF EDUCATION OF FAYETTE
COUNTY, TENNESSEE, et al,
De f e.udants.
NO. 65-135 -Civil!
LEROY SHAW, JR.,
Plaintiff,
vs.
COUNTY BOARD OF EDUCATION OF lY-YETTL
COUNTY, TENNESSEE, et. al,
uei.enu.ancs. YX
NO. 21 -Civil'
457
ii
MEMORANDUM DKCISION
The issues before the court in these consolidated cases in-
t
volve the right of former teachers to be reinstated and compensated
for damages by the defendant, Fayette County Board of Education.
iCause No. 65-136 is a pending pupil and faculty desegregation
. . icase in which the court has had numerous hearings pertaining to
I
the plan of desegregation of the Fayette. County Board of Education.
.
Certain Negro teachers who were formerly employed in the system
intervened in the cause and alleged that they were entitled to
reinstatement and damages because of discrimination against them.
Cause No. 69-221 is a separate suit filed by Leroy Shaw, Jr., a |
teacher formerly employed by the Fayette County Board of Education,
who seeks reinstatement and damages. Due to the apparent similar
ity of issues, the cases were consolidated for hearing.
I
McFERRIN CASE
When the case was called for trial there were twelve individual
I
plaintiffs who were former teachers employed by the defendant
Board of Education prior to the 1970-71 school year and who sought
reinstatement and damages. It should be noted that an oral motion
was made by counsel for theindividual plaintiffs at the commence-
i
ment of the hearing to add, as a n additional plaintiff, Mrs.
Alberta Rivers. Because the Court did not know what specific
proof would be required to determine the issues of the case, the
Court reserved its ruling concerning allowing Mrs. Rivers to be
interveningciddeu as an addit Lena!/plaint i H nt- the commencement of the hearing.
For convenience,in this decision the Court will refer to the intcr-
- 1- .
veiling former teachers as "the plaintiffs" and the defendants ns
"Board of Education" or "Superintendent1', as the case may be.
All plaintiffs were teachers employed by the Board of Educa
tion during the school year 1969-70. Some of the plaintiffs had
been employed for many years, such as Mrs. Willie B. Johnson, 35
years, Mrs. Arissie Ovens, 30 years, Mrs. Mabel Walker, 28 years,
Mrs. Opal Franklin, 23 years and Mrs. Nannie Mae Cole, 20 years.
The remaining plaintiffs had been employed at least one and under
four years. T.E. 6.
On December.24, 1969, this Court conducted a hearing in the
desegregation case which resulted in ordering the defendant to im~
{lenient a strict zone plan of desegregation for the elementary
schools, grades 1 through 8, commencing with the second semester
of the 1969-70 school year and a similar requirement for a con
solidated high school commencing with the school year 1970-71.
This ruling prompted a noticeable reduction of pupils commencing
in January 1970. T.E. 4 and 5. It is inescapable that this was
due to white pupils transferring to private academies in the count
Based upon the expected enrollment for 1970-71, the Superintendent
I
undertook to determine how many of the existing faculty members
would not be needed for the next school year. He estimated that
the Board would not need between 20 and 25 faculty members for the|
1970-71 school year. Under the policy and the requirement of the
state laws pertaining to teachers, the Board annually hold a meet-
ji in April to determine which non-tenure teachers would not beII
rchired so that they could be notified, In accordance with the
!i state law, thirty days before the end of the current school year.
jj
In a c c o r d a n c e with the practice and procedure, the Supe.rinten-
(U-nt undertook to prepare recommendations for the Board’s consider;’.
159
tion at; its April 1970 meeting, tc tin; end that certain teachers
would not be rehired, due to the flight of pupils iron the system |
j resulting from the Court's desegregation order. The Board met on
i
April 23, 19 '0, to consider the renewal of contracts for non-tenure
teachers. In addition to the Beard members, there were present as
.
participants at the meeting, Mr. Bagwell, the Superintendent; Mrs.
Dorothy Morton, a supervisor, and Mr. Harris Armour, the attendance
i
teacher, who has additional duties pertaining to record keeping
and group insurance within the system. All of the above named, in
cluding all members of the Board, were white persons. The defend
ant Board contends that the determination of the teachers who were
not rehired was based upon definite objective standards. The
Board contends that its standards were os follows:
1. Teachers who would not be rehired due to the
decreased enrollment would be token from the non
tenure teachers employed by the Board.
2, Teachers would be judged on the following
criteria:
(a) Competency. This included formal educa
tion of the teacher, knowledge of the subject
matter and ability to convey it to the pupils,
which included the ability to maintain discipline.
(b) Professional Attitude. This referred to the
conduct of the teacher and included the teacher’s
personal appearance, ordlincss and cleanliness
maintained in the school room and the teacher’s
conduct in the community v!Lh
matters as promptness in p'y>
regard
»> t- o
to such
QjyJ £>>» ! —
d c - n c o s o f m o r a l i t y a n d c h a r n e l e r .
•160
(c.) Recommentations or complainfs. This in
cluded oral or written complaints from principals,
supervisors and the superintendent of the system,
with particular reliance upon a complaint by the
principal of the teacher involved.
(d) The need for teachers certified in certain
fields. This included whether or not the decreased
enrollment would cause the Board to have too many
teachers in a particular field, such as physical
education or science.
The present Superintendent, John E. Bagwell, became superintend
ent of the defendant system on September 1, 1969. Sometime during 't!the fall of 1969, Mr. Bagwell learned that the defendant system
had historically misapplied the tenure law of the State of
■!Tennessee with regard to its teachers. At the time of his dis
covery of this error, and for many years prior thereto, the system
had considered all teachers who had been hired for more than three j
years to be on tenure. Mr. Bagwell read the law and regulations
and determined, if a teacher did not have a degree, it was necessary
i
to acquire not less than twelve quarter hours of college work during
i
a three year period to maintain "limited" .tenure. TCA.§49-1406.
In preparation for the April 23, 1970 meeting, the Superintendent
compiled a list of non-tenure teachers based upon this interpreta
tion of the law. It should be noted that no attempt was made to
Inotify the individual teachers who had been led to believe that
they were on tenure. The proof does reflect that the Superinter.d-/ I- I
ent made a general announcement of his interpretation at an early
Ar,ril faciOty meeting. The list of teachers not on tenure, com-
ci,ni-i'.* .‘:i 1,mU' T.r: r j ."1 1 ,-̂ fd 1-0 he the entire____
•16] !
I
l
group compared for the purpose of determining who would not be
i ellired. Prior to the meeting the Superintendent also notified
all principals that each should submit a list of teachers whom
he did not wish to have back for the coining year.
Prior to the April 23rd meeting, the Superintendent and Mrs.
Morton went over certain personnel filed in preparationfor the
meeting. The files considered were those about whom complaints
had been received, it should be noted that earlier in the school
year1 the Superintendent had asked the supervising principals .in
the system to prepare rating sheets on their teachers. The record
reflects that some rating sheets were made and that they usually
had a January 1970 date. The record also reflects that a rating
sheet, tv as not made for every teacher and that every principal did
nou comply with this request. Xt was the policy of the Superinten
ent to have the supervisor make an investigation and fill out a
rating sheet if a principal gave a teacher at least two poor marks
in a respective category. See, for example, T.E. 29 and 30 per-
|taming to Mrs. Anssie Owens wherein the principal gave her a poor]
rating in attention to duty and inability to adjust to unusual
circumstances, and the suprevisor gave her good marks in all cate- J
gories. The Superintendent testified that he had considered per- |
sonnel files on all non-tenure teachers prior to compiling his
J
recommendations for the Board. While it is entirely possible that i
I
the Superintendent had considered all files over a period of time
in order to familiarize himse.lf with his new job ns Superintendent,
the Court finds that he did not objectively consider each file at !I
the time he was determining which of the 20 to 25 teachers he in- !I
tended to recommend for not being rehired. He primarily consider- 1
ed the personnel files of those whom he considered to have prior
complaints against thorn. At the Board meeting on April 23, 1970,
the Board voted not to rehire 21 teachers end, subsequently, at
jj an adjourned meeting, voted not to rehire one other teacher. Of
| these 22 teachers, 15 were Negro and 7 were white and all of them,
| except one, came from schools which had been former Negro schools
or new schools which had been intended to be used as all Negro
schools prior to the Court's zoning order. Of the 22 persons, 21
of them were based upon the recommendation of the Superintendent,
the other being based upon tho recommendation of Mr. Armour, the
i attendance teacher, who testified that he told the Board that Mrs. !
Willie B. Johnson, who had been with the system 35 years, was not
a dedicated teacher. He based this upon incidents which had occurr-
) ed nine or ten years before concerning her record keeping while
she was an acting principal in a small school, and upon his belief
that in 1969 she had knowingly attempted to file a claim for
I accident insurance when she was not covered by the group policy.
ji He testified he had not disclosed the circumstances of the incidents
Inine' or ten years previously but did explain to the Board the in- 1
surance incident. The Court finds that Mrs. Johnson did not know- ■
ingly file a false claim. It should be noted that in January 1970 j
l|jj Mrs. Johnson's principal rated her good in seven categories of
professional skill and excellent in five categories of personal
characteristics.
The Board and tho Superintendent considered that it was r.ot
!! necessary to disclose to a non-tenure teacher why ho or she was jI ,
r.ot being rehired and further considered that the remarks, oral
!| and written, from the principals cf tho schools concerning thea
- t-jarhovB w,.re confidential. Therefore, on April 27, 1970. the
ISuperintendent sent a letter to each of tho plaintiffs stating
i ithat the Beard hiJ voted to terminate that teacher's contract. i
463
The letter stated that the reason for each teacher being in non
tenure status was that he or she failed to meet the state requir-
irents for maintaining tenure. T.E. 1. The record reflects that
not only did the letter fail to disclose the true reasons that the
jvarious teachers were not rehired, such as the alleged filing of
a false claim, in the case, of Mrs. Willie B. Johnson, the private
communications between the principals and Superintendent in the
case of several teachers, the personal debt problems between the
teacher and merchants in the community, in the case of Mrs. Rosa
Newbern; but also,the record reflects that in the case of some of
the teachers who made inquiry, the Superintendent either refused
to answer the inquiry, as in the case of Mrs. Dixie Pye, T. E. 33,
or gave an evasive and untrue explanation of the failure to rehire,
as in the case of Mrs. Willie B. Johnson. T.E. 34,35 and 36. The
Superintendent and one Eoard member testified that the plaintiffs
would have been entitled to a hearing if they had asked for it.
However, it was the testimony of the Superintendent that it would
have done no good in the case of some plaintiffs.
During the summer of 1970, the defendant system had unprece
dented resignations of faculty members, which the Court finds was
due to the desegregation order resulting in the formation of
private academies in the county. To fill the vacancies caused by
the resignations, the Superintendent ran ads in the Memphis news
papers for school teachers on June 19, 1970, T. E. 26, and about
August 8, 1970. tlo attempt was made to contact any of the non
tenure teachers who had been notified that they would not be re
hired, in spite of the acute shortage of teachers as the current
>car approached,
Thchearing in this Court on the consolidated cases lasted
five and one-half days. During the hearing proof was offered on j
-7-
i|
16 1
bow the alleged definite objective standards were applied by the
defendants with regard to each plaintiff. Counsel for the Board
indicated that it was his purpose to offer proof substantiating
the accusations of the Superintendent with regard to the competency
professional attitude and basis for the principals' private evalua
tion. This was to be done by principals, other teachers, parents
i
!and citizens in the community. On motion of counsel for the plain
tiffs, the Court ruled that such proof would not be received be
cause the Court was of the opinion that the proof of the defendant
pertaining to the alleged objective standards offered by the de
fendant did not meet the tests required.
The Court is of the opinion that Rolfe, et al v. County Board
I
l
!
i!
iI
of Education, Lincoln County, Tennessee, et al, 391 F.2d 77 (C.A.6
I
1968) and other similar cases, constitute the controlling authority
pertaining to the rights of the plaintiffs in this case. In Rolfe
the Court said:
"The rule is that teachers displaced from a school
with a racially homogeneous faculty, because of a
decrease in students, must be judged for continued
employement by definite objective standards with
all other teachers in the system."
The opinion later states that the plaintiffs Mrs. Rolfe and
Mrs. Peebles were non-tenure teachers and were entitled to have
their qualifications compared with all other non-tenure teachers
in the system. While the teachers in the instant case were not
dismissed frem totally segregated faculty assignments, the cause
of the cessation of employment was prompted by the Court's desegre
gation requirements and, therefore, this Court is of the opinion
that the plaintiffs should have been judged by definite objective
standards with all other non-tenure teachers within the system.
The Court finds that there was not a comparison as contemplated.
Tliis is part icularly so in the. eases in V7hieh the Board ’ s reliance
v?ar. based primarily upon the comments of the principal who vms
certainly not familiar with all of the non-tenure teachers in the
system. The Court further finds that the standards employed by
the defendants were not: '‘definite objective standards" contemplate
The variety of the criteria used was not objective but permitted
the Superintendent and the Board to apply, in secret, standards
susceptible to the Superintendent's and the Board's whim. See
Chambers v. 'Hendersonville City Bd. of Ed., 364 F.2d 189 (C.A. 4
1966). It should be noted that length of service was not a criter
in the instant case unless all other things were, equal. With the
wide and vague criteria in most cases not previously announced
and the method of comparison, there was little likelihood that
there 'would ever he a situation where all things were equal and
the teachers who had been adequate teachers for automatic renewal
of their contracts for 20 to 35 years were not given sufficient
consideration for their experience.
This Court, therefore, concludes that in this system objective
standards should have been state certification, college, work and
appropriate credit for length of experience, with the requirement
that teachers should be transferred if their qualifications in
dicate that they are entitled to be retained in preference to
others less qualified. When there is a llolfe situation, namely, a
loss of teachers due to desegregation, matters pertaining to in-
idents of lack of discipline, altercations v;ith pupils and parents
non-payment of debts, alleged filing of false claims, instances
of improper record keeping and other similar matters should not
be considered in the objective comparison. Such matters should
bn treated as dismissals for cause,
4f>5
the* reasons should oc given to
166
the teacher, and the teacher .should be notified that he, or she,
is entitled to a hearing on the accusations against her.
The Court, therefore, concludes with regard to all twelve
plaintiffs that definite objective standards were not employed
and the plaintiffs are entitled to be reinstated as of the commence
ment of the school year and are entitled to damages in the amount
that they would have earned if they had been permitted to teach,
less what they might have earned in some other suitable employ-
" “ i
ment by reasonable diligence. Rolfc v. County hoard of Education,
supra, at page 81.
In addition to the above Rolfe reasoning there are other con-
1
stitutional deprivations with regard to the. plaintiffs who had
long periods of employment with the Board. A non-tenure teacher who
has long periods of service with a system acquires a protectiblc
interest in his continued employment and his non-re-election must
need minimal standards of procedural due process. Lucas, et el v. ̂
Chapman, et al, _ __ F.2d ___ (C.A. 5, decided 8-6-70); Gouge v.
iJoint School DIst. No. 1, 330 F. Supp. 984 (W. D. Wis. 1970) —
Because the Court has concluded that the defendants did not
j
make a comparison based upon definite objective standards, it
would appear that Mrs. Alberta Rivers was.also a victim cf the
i
defendants' improper procedure. Furthermore, Mrs. Rivers appears
to be in the category of teachers who had a protectiblc interest
!i.n her continued employment. T. E. 6 indicates she had 23 years
service in the system.
' SHAW C A S E
As previously indicated, Leroy Shaw, Jr. filed a separate lav; |
!
suit against the Fayette County Board of Education sccicing his
1(»7
I(
reinstatement as a teacher and dam ages. From the proof there are
distinguishable differences in the claim of Leroy Shea?, Jr., who
was not re-clccted in April 1969, and the claims of the twelve
former teachers who intervened in the I'cFerrin case and who were
not re-elected in April 1970. A full evidentiary hearing was had
with regard to the issues in the Shaw case.
Leroy Shaw, Jr. contends that he was not re-elected as a
j
teacher in the Fayette County System for the 1969-70 school year
because he was a member of the Negro race and, particularly, because
he was an unmarried Negro male. He contends that it was the purpose
of the defendant school system to systematically eliminate unmarri-j
ed Negro male teachers in desegregated schools. The defendant
Board of Education denies that: Leroy Shaw, Jr. was not re-elected
as a teacher due to any racial or sex discrimination.
The record reflects that Hr. Shaw obtained a Batchelor of
Science degree in 1964, with a major and therefore certification
in Agricultural Education. Commencing at the beginning of the
1966-67 school year, Mr. Shaw became a teacher in the Fayette
C o u n t y S y s t e m a n d , p u r s u a n t t o a t e m p o r a r y c e r t i f i c a t i o n a s a n
i
e l e m e n t a r y s c h o o l t e a c h e r , h e w a s a s s i g n e d t o t h e a l l N e g r o
• !
B r a d e n - S i n a i E l e m e n t a r y S c h o o l . H e t a u g h t i n t h a t s c h o o l f o r t h r e e
y e a r s , d u r i n g w h i c h t i m e a l l o f t h e p u p i l s i n t h e s c h o o l w e r e N e g r o
a n d a l l o f t h e f a c u l t y m e m b e r s w e r e N e g r o . A t t h e B o a r d M e e t i n g
Iof April 22, 1069, Mr. Shaw was not re-elected as a teacher for
coming year. The minutes reflect that he was "teaching out of
major field, uncooperative". T.E. 23. By letter dated April 22,
' i
1 9 6 4 ,the then Superintendent cf the defendant system advised Mr.
Shaw lLni lie had not: been re-elected for the 1969-70 school year
because h!s major was in Agricultural Education and they wore not
i
408
nM.c to find an opening in his major field. The letter further
slated that the. Board felt a strong responsibility to try to cirplo
elementary teachers oho are fully certified in the area in which
Jicy teach. j. L. 38. This letter was sent to Mr. Shaw pursuant
to TCA §43“1306 which pertains to non-tenure teachers and provides
that such teachers will continue in service "until they have re
ceived written notice from a Board of Education of their dismissal
or failure of re-election at least thirty days prior to the. close
or the school terra" Mr. Shaw contacted the then Superintendent,
Mr. Carothers, and orally conveyed to Mr. Carothers information
concerning his temporary certification as an elementary teacher
and, particularly, the fact that he had taken some post graduate
.work at Memphis State. University in 1967. At Mr. Carothers' re
quest, Mr. Shaw obtained written verification of his renewed
temporary certificate as an elementary teacher. T. E. 39. By i
letter of June 16, 1969, Mr. Carothers advised Mr. Shaw that the
Board "did not feel that they could consider your request for
re-election as a teacher in Fayette County." T.E. 40.
At the time that Mr. Shaw was not re-elected he was completing
his third year of teaching in the Fayette County system and, there
fore, v7ould have obtained a form of tenure by his re-election to
.
teach for the 1967-70 school year. TCA §49-1402. Although it is
possible that the tenure which he would have received would have
been what is known ns "limited" tenure, at that time the Fayette
County Board of Education was erroneously applying the rules for
■
tenure and considered that a teacher who had taught three years
and was re-elected for the fourth year, was n full tenure teacher.
The record reflects that the Superintendent, Mr. Carothers,
had a conference, wit, era an who had been the princip:.1Mr. Ransom 1
469
at Bra
proof
Person
April
den-Sinai School during the tir.ie Mr. Shaw taught there. The
is not clear concerning vrhen the conference was held. Mr.
is of the opinion that it was held after the Board met on
22, 1969; whereas, Mr. Bagwell, who served as a supervisor
at the time, and the then Superintendent, Mr. Carothers, placed
the conference prior to the Board meeting. A.t the time c<£ the
conference Mr. Carothers made certain notes which were found in
the personnel file of Leory Shaw. These notes, in Mr. Carothers'
handwriting, read, in part, "Leroy Shaw - not cooperative -• 6th
and 7th grades •* excessive use of paddle - whipped several every
day! Did not contribute $3.00 for school picnic, does not listen
to suggestions of others including principal." T. E. 52. The
Board contends that these notes reflected the true reasons for
not re-electing Mr. Shaw at the end of his three year probationary
period. Mr. Carothers testified that he did not fully disclose
the true reasons, in order to avoid getting the principal, Mr.
Person, involved in the reasons for Mr. Shaw's discharge. The
proof clearly establishes that Mr. Shaw was a very competent
teacher insofar as his classroom performance. This is corroborat
ed by former pupils of his who testified as witnesses for the de- 1
fcndant and his former principal. Furthermore, the record relents
that Mr. Shaw had received training and worked in the summer Head
Start Program where he was considered an excellent faculty member.
There is considerable proof concerning the use of the paddle
on students for failure to perform school work. There is no p*:oof
t
to suggest that Mr. Shaw injured any pupil or that the paddling
/ i
was excessive with regard to force. No complaints were received
from parents. The defendant contends that the frequency of
paddling and the scope, such rr, paddling the whole class, was
170
| pr°°f uhat Mr< shaw uscd Peddling excessively. The proof further
reflects, both from the principal and Mr. Shaw, that he had used
the paddle more in his first year in the system when he had two
classes in the same room. In the year before he was not re-elected
he had only one class and disciplined the pupils less.
Trial. Exhibits 47 and 57 establish that between the 1964-65
i school year and the 1970-71 school year the number of white teacher,
jj increased from 67 to 101; whereas, the number of Negro teachers de
creased from 168 to 147.
! I
At the end of the 1968-69 school year the defendant system re-'
taine.d or hired for the ensuing year 11 unmarried male teachers;
two of them were white and were without tenure and nine were
Negroes with six of those nine being tenure teachers. Two of I
those nine were Messrs. Douglas and Hughes who were new to the
system and who are intervening plaintiffs in the McFerrin case
. | by virtue of not having been rehire d in 1970. T.E. 24 for
j l
ij Identification. (Ans. to Interrogatory #9 propounded by Leroy
i Shaw to County Board of Education.) In the school year 1968-69
! !j 38 teachers were terminated, either at the end of the year or
j j
during the year. Thirty-five of these teachers were termi.nated
by resignation, retirement, health or other causes which did net
j
reflect unilateral Board action in termination. Three were terrn-
I
| inated by not being re-elected. Two of those who were not re-
! t
elected were white and the third was the plaintiff Shaw, the only ,
i Negro unmarried male who was terminated that year. T.E. 24 for
' ‘ 1j: Identification. (Ans. to Interrogatory #10 propounded by Shaw to
defendant). It should he; noted that there is an apparent incon-
! sistcncy between the exerupt of the Board minutes on April 22,i!i!jj 1969. T. E. 23, and the answer to Interrogatory #10, referred to i
471
From the minutes it' appears that Dorothy Plocum was not rocrmmev.d- '
i
eel for re.~cl cation in April 1969, whereas, from the answer to the
j
interrogatory she was terminated from the system in the year 196V- I
i
68, due to health. This inconsistency does -not appear to bo con
trolling on any of the issues pertaining to the Shaw case.
For the year 1969-70 the system employed as new teachers a
total of eight unmarried male teachers,six of whom were white and
I
two of whom were Negro. The two Negroes were Sammy Gordon and
- ILowden Anderson. They were not re-elected in April 1970, and are
intervening plaintiffs in the McFerrin case. Similarly, two of
the white teachers newly hired for 1969-70, namely, Virgil Cox and
Timothy Kowe, were not re-elected in April 1970.
The failure to re-elect Hr. Shaw in April 1969 was not caused !
by a reduction of faculty members brought about by the desegregationI
i
order of this Court. Mr. Shaw was not re-elected in a year when
there appears to be no more than the normal termination of faculty j
members. Therefore, theCourt concludes that the principles of
IRolfe v. County Board of Education, Lincoln County,_Term., supra
were not. brought into play. For Mr. Shaw to prevail it must be
established that the Board discriminated against him due to his
Irace, or his race and sex; but the Court is of the opinion that
the burden of proving that discrimination is upon Mr. Shaw and r.ot
ithe Board of Education as is the case when Rolfe applies. Cf.
IRolfe, supra, at p. 80: Chambers v. Hendersonville City Beard of- i
Education, 364 F.2d 189 (C.A, 5 1966). While it is true that Payer_
|
County Board of Education had not made significant progress in its
it I t
pupil and faculty desegregation plan by April 1969, at that time
there was no court order which would indicate that there would be
a need for less teachers T’
I4
lie recordduo to the desegregation plan.
172
I in the hcFcrrih case indicates that the defendant system in 1963
had been ordered to file a revised plan of desegregation in
January 1569. This v?as done and the Board proposed a combination
freedom of choice and zone plan. Objections were filed to the
revised plan and a hearing was conducted in early April 1969. The
Court took the matter under advisement and filed its written
opinion on June 10, 1959. Therefore, it was not known by the
Board or Superintendent what, if any, decrease in faculty would
likely occur in the 1963-70 school year. That opinion directed
the defendant system to seek the assistance of the Title IV Center
in Knoxville, Tennessee, with regard to its faculty assignments.
This was done and a judgment v.7as entered on July 31, 1969, approv-;
ing the recommendations of the Title IV Center with regard to faculty
desegregation in every school.
i
The Tennessee lav? pertaining to education is set forth in Title
49 TCA. Chapters 12, 13 and 14 pertain to the certification of
teachers, rights and duties of non-tenure teachers and teachers'
tenure, respectively. Non-tenure teachers must serve a probation-
1
ry peariod of three years before being eligible for tenure status.
TCA §49-1306. As previously indicated, this law requires that
teachers be notified thirty days prior io the end of the school
term if they are being dismissed or not being re-elected. j
Tennessee lav? recognizes a difference between dismissal or discharge
and failure to re-elect. Shannon v. Beard of Education, Kingsport,;
199 Term. 250 (1955); Johnson v. City of Jackson, 42 Tenn. A?p.
296,305 (1956). If a tenure or non-tenure teacher is dismissed,
it is contemplated that there will be notice of the reasons for
(he dismissal and an opportunity for a hearing it desired. TCA.
§49 J 414, ct sen, nr l TCA. §49-214. On the other hand,.,
473
who is not re-employcd, as opposed to dismissed, prior to the
completion of bis probationary period is not entitled to notice
and a judicial review of the reasons for not re-employing him.
Of course, the application of this law is subject to the Fourteenth
Amendment to the United States Constitution, and discrimination on
the basis of race may not be applied in the failure to re-elect ot
to discharge.
This Court is of the opinion that the facts do not establish
that Mr. Leroy Show, Jr. was not re-elected due to his race, or
his race or sex, and, therefore, the Court concludes that he should
not be reinstated and awarded damages and attorney's fees.
The plaintiff also relies on his procedural due process rights
in that he was not given notice of the reasons for his discharge
and the opportunity for a hearing. Plaintiff, Leroy Shaw, Jr.,
has not established under the facts a protectible interest by
virtue of his long continuing service, as was the case in Luces v.
Chapman, F. 2d (C. A. 5, decided 8-6-70), wherein plain
tiff was a non-tenure teacher whose contract had been renewed for
11 years and, similarly, Gouge v. School Dist. Uo. 1. 310 F. Supp.
984 (W. D. Wis. 1970), wherein one teacher had served for five
years on a series of one year contracts and the other teacher had
served for eighteen years on a series of one year contracts.
This Court, therefore, concludes that it should not serve as
a reviewing authority of the decisions of Boards of Education in
the matter of r.ot re-electing non-tenure teachers during or at the
end of their three year probationary period, in the absence of a
showing of discrimination against the teacher who was not re-elect
ed. As previously indicated, the proof does not establish such
discrim
Th
riraination in this case.
rhis day of Kovember 1970. (/ j /[{. . p \ /, . '.V,
U. S. Dic-trict-jui~-’-17-
I
i
174
a rst Mamie? const c? kss r a m s btats*
F03 TEK «S£Tr;.*? DICiaiCT C3> W3BBAI33
DIVI81 £3
JOS* KaFKOti*, J *., R A L ,
F U ln tlfT i,
and
UHITEB STAT&3 OF AMERICA,
Plaintiff-Int-apvonop
and
MRS. MACES C. WALES, et t l ,
Intapraning P la in tiff*
VS.
ccznrar board e? exxcatioa o? paxstt*
cctnmr, tewest-ses, at a i,
Dafocdeata
and
FAXITTX ACADL-rT, M «1,
Ppapered Additional Dofonda*ta
Era or shaw, jr. .
P la in tiff
V3.
CCONTI BOARD 07 EDUCATICJ 0? FATBITS
CCXJ5TT, TSBIESBES, i t U ,
Dafondanta
)
)
)
)
)
)
)
>
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL ACTIO* *0.
C-65-13A
CIVIL ACTICa * 0.
69-221
JLAJL.g.a
Tfe# abcra ooneolidated oasaa saw oa ta bo hoard tba 9tb
day of Catoiar, 1970, fcoforo tba Eonorohlo Robopt KaRaa, Unitod
Statsa Diatpiot Judgo, without intorrontioa of a Jury, upon tba
ontira paeord and acpaaially upon tba p lo in tiffa ' Motion fop
Purthar Ealiaf u 4 to Allow Additional P la in t iff* to Iotorvan#
tod Join Additional Dofordanta, aa aosndad, in tba MaPorron oat*,
tho Anawor thoroto filod fcy tfao original Cofocdanta and tho
Propoead Additional Dofondants, Payotto Aoaditay and ita inaor-
475
poratss>0, tb* r ^ g v l l la Saptifit aad 1 1 1 rteaaate, ffc.sae.1t3
T. tuek cad tbs Quarterly C®u»ty P*urt of Fayett* Crsaty, ?c*-
noe-sa, KaleolM Jcrdc a , Taa U M ls a r of Payott* Oeuety,
cad Rnadolph K. f b r * v r , 0 . 8. Cearilta leads’ of Xntanvil S*Y*nu*
Gervica, p la in tiffs ' 1 jtleas to f'-artm t i» Sits* fo r 'Htfaadaato
t® As«*er tfcsir Int*rr#<**t6 ios, be ©asp*- 4 t u Bulat* and Abort**
tbo 2ias» fa r Soaring P la i i l f fo ' Hetlea Pus-suaat to Buies 2&, jo
6ijd 37 t»d to swirelr* tb* fiafOKdiat* to pi- *;»©*, dtsfc'bit and
porait p la in tiff to ei^y sart&la dasawaasta c a noeorda yur>^Mnt
to Rulea 26, JO w»d 37, tb* Motlea of P la in tiff-In tc rr«»*r ,
Pnittd States of Aoariea, pursuant to Bui® 37 t* repairs d*far»d-
cafc® to pvodue*, eahifeit and psm lt p lalntiff-iatanreasr to
exeaino cort&in do vaeuto end roecris, tb* Mo tie* of tfca d*f*nd*ata
to tdio tbs #3*rl-ii*n* 0/ tb® prcpeaod lotervoslng p laintiff® in
the K&Porron esu;* and of th« p la in tiff, I*«?y Statu, Jr., In tb*
Sb&w oasa, tb* Ha tic a of d«ffE?_iot8 part :*»t t* Rule* 24 act JJ
•ttcsklua to roiytir* etrtcln intorronln* p la in tiffs t* eukait t*
tta Jieilosal 7aarbor Iltasdceftisa e? tfea El£,h Sebool Qc.’& llfiec t l**
Teat, tb® opposition filed bp p la in tiffs and prcy***d lntorTealng
plain tiffs t. tbs foregoing Krtlcn of dafesfaeta, tb* fioply fllod
by tbs p la in tiff tc tb* Anaw*r or Eaapoee* of tb* p*cp*a*d *<Ui-
tional defendant , Randolph tf. Tbrcw*r, tteo K*tl*s * f dsforlsnts,
Payatt* Aaadasty and 1 to Inearpt.atora t* strik* e«rtaln a llsga -
tlans of p laintiffs* Motion for Further B * ll* f ca tb* ground
tbat eat* vis** ruled up^n by tbs Court in its &•****.* r i 9^ (
Opinion, tb* bailee of P laintiff® to Artecd tb* Show Cans* Order
catorad 10 fept*srb*r 1970 s* as t* r.dd fwr&hsr proposed *ddi-
tlcaal defca&nta, and upoa argusoots sad statements * f soubm I ,
fro* a ll of uhisb tba Court CRESast
1. Tb* proposed intorrenlng p la ln tlffa , Kra. Kabl* C.
Walkor, Kr*. Ariosi* Hardy Cw.j*, Mrs. Xm ® d. B*wb*ra, Mr®.
Dlxia dorditn fys, Kra. Haanio Ka* Gala, Kyles Wilsea, Lauian B.
Anderson, dr., Cornelius tf. Dougloi, d r., Bstasy fler^en, f^.rnaat
Eugb**, Kra. C.;al L. franklin, I> *. W lUlo B. dohnron and Kra.
k* t’T *♦ Mo y ar* b*r*by added and J*ln»d as additional p l*in -
- 2-
476
lltta la Mile caoo, eiaes t ic ir olal&s 1wools* qpC'Stlaoa eS lav
or real la a u *a 1 66a is&ia ra tk a «&d ttea t e n ' s d lq ^ s l -
tlea cf tbs ©vtoii*1 aatlca c U l aSwtest-iy o ffsa t t&esw
2, ttM p laljatirrs ' Katies t » ££ar*tca it j VSxj jv>r JtjfaeCaota
to Asewor P la in tiffo ' XaturvdSjftfeftblea k (psiutbd estd C ..rbadeats
w i l l ruyalcU fch® aaswaro to pl&ici t i f f s t. 6 Xu tar lism r„.«t>DSay»
1$ Ootobsr. 1970 ysoslit-sd bcisava#* tbat txa M fiM Ste liafsn.it. lea
w ill 6a Halted u tbs colijal pear I f 69-78 end tfeassoftar.
3. Tfes p la ia t if fs ' K>nt»a ta Ouspsud lisa Quiets asd Liter t«s
tba Tltsft for Hawring fb s ir J*i4 iea FwMuaat ta Culoo 24. >o » 2
)7 la fjrswtad.
t*. Ivjs p la in t iffs ' Katlsaa Furtmast ta Calcs 2b. JO &ad >7
la grcatodi eod tbo osfeiKiausa s i l l pro^uos. ©sMfeie o»d pomit
plaintliTa to m<j?j a l l oatogsrico t« dsc'.uaata a»d raesrds e^oai-
fied la cold Mttica fcdgi sates (S it e s y , 10 Cst-fifcor 1970 . P la in tiffs
ore aio* aUewed t* ta&» tbs Atammaty to; poet ticca ca recast ui
la sold llstlGS.
5 . tba Keiloo of piiieilff-lst«!rre*>®r, Fsitad Slat«a of
daartcu. for prsdaaiiea of C.̂ ssk9b6® tts&tr R-la 37 la t,ma tad
K J tbs dafsadaots w ill pre »a# and par-tit to platetifr~lntarT«n«
or t* isepsst ar.d otpy all cf tba **tft£o?las e f dsau»t>aota speal-
f lad la calc Hctleo, besiaain* &aturdjgr» lu Cstoiar 1970.
b. Eafea&iats* Kutica to las Ails c l to te*3 tbs Dlaaorary
Depositicaa of p la in tiffs uedar Colas 24 aad .10 is faceted, cab-
jest to tba parties ogm^iaa vjoa a prftxur oobsdeJL'. s*. i f com
alaca with tba ssi^adullrg at tba Also*,.. ^ dr^palai.« « ta bo
tolro fey tbo p la in tiffs cs a ll mod berolnsloa*.
7. DwfoBdaets' Katica Pursuant *•» Kulsd 2b aad 3$ to ra-
tjulr* •origin of tba p la la t lffs to cais.lt ta tba r ti^oal Teatbar
Isaalaatlca or tbo aigb t e s a l t e l Lf lent lea fast Is daalad.
3. ftb Hat lea of propsMd c&fclticaal < »fee*ie ttc, Taystto
baodsuy and its lcaarparators ta fttrlks t -w w i* ratters Gaotalaad
la p lQ it lffs ' H®Ue n for f*ur&f*3r Raltaf as fĉ levg raa jadlaata by
raaaoa or tbo Court' s Oplaies cf Boost-bar rj*, 1949. Is doaled.
1 . Tfcs Hot loo of p la in tiffs ta fc-» *d tba fte * Causa Cedar
on to rad lu Soptaabar 1970 ta add furtbsr presosad cddltUaal
- 3*
477
̂ IN THE DISTRICT COURT OP THE UNITED STATES
FOR THE WESTERN DISTRICT OP TOIUNESSE2
WESTERN DIVISION
LEROY SJIAW, JR., )
Plaintiff )
VS* ) CIVIL ACTION HO.
COUNTY BO'iRD OF EDUCATION OF FAYETTE ) C-6°-221COUNTY, TENNESSEE, ot r.l
Defendants ^
)
Ai'EMDISHT TO COMPLAINT
Coxes the plaintiff, after obtaining loave of Court, and
a r so n(5a his complaint heretofore filed in the above case ac fol
lows: By adding the following subparagraph in Section II at
pago 3 :
" i. Discharging and rofusing to reinstate the plaintiff
and all other porsous similarly situated, as a teacher in the
Fayetto County School System without any substantial reason at
al.L and without affording notico of such rocsons or charges and
.the opportunity for a hoaring thereon bofore such discharge: and
refusing to reinstate tho plaintiff and pay him back pay after
discharging hire without substantial reason and without such notico
and hearing."
By adding at the end of paragraph VI at page 9 tho following:
Plaintiff further avers that defendants discharged him
without lawful or substantial reason, that his non-retention as
a toacner was accomplished by defendants on a wholly unroacotiod
basis without factual support, without affording plaintiff any
notico of any chargos or roason for his discharge and without
affording him an opportunity fo:- hoaring on any ouch asserted
reasons or chargos, thoreby depriving the plaintiff of rights
soeurod by tho due process clause of the Fourteenth Amendment
to tno Constitution of tho United States."
478
By adding at the and of tho first paragraph and before the
beginning of tho laot paragraph on page 1 1 , the following:
" In addition, ovon though a non-tenure torchor, plaintiff
had a protectable intorost in hia continued employment not only
bocauae bo had boon omployed and re-omployod by tho defendants
for threo years under circumstances leading him to expect re
employment for a fourth year, but also because the action of
defendants damaged and substantially do3troyod his professional
reputation and tho ability to pursue hia own profession without
arbitrary exclusion by tho State. Said action of the defendants
in dismissing or discharging him without substantial roason was
subsequently attempted to bo predicated by the defendants on an
alleged cause wholly unsupported in fact that i3 to-wit: that
plaintiff had boon unccoporative as a toachsr and that he had
excessively paddlodd children. Plaintiff vaaff mulshed no ad
vance notice of any such alleged reasons or charge before his
dismissal and was nover given any opportunityfor hearing upon
sane. Said allcgod roason er cause subsequently specified by
tho defendants was completely Mao and unsupported in fact. Be
cause of said wrongful dismissal, plaintiff has boon uhable to
obtain fiu'thor onploymont in the teaching profession in tho
ganoral locality in which ho lives although he has applied to
other School Boards. Said dismissal of the plaintiff by tho
defendants in the foregoing circumstanoot and without notice and
hearing effectively denied him of the right to pursue bis pro
fession and is unconstitutional and void as depriving him of
rights secured by the due procsss clause of the Fourteenth Amend
ment to tho Constitution of tho United States."
By adding after tho word discrlminatory in tho 29th lino
on page 1 1 and in tho 7 th lino on page 1 2 the following: "and
unconstitutional".
By adding at tho end of prayer Mo. 2 at pog9 II4 the follow
ing:
-2-
1
479
i. Discharging and rofusing bo reinstate the plaintiff
and all other persons similarly situated, as a toucher in the
Fayette County School Syr.ton without any substantial reason at
all and without affording notice of such reasons or charges and
t-ho opportunity for a hearing thereon before such discharge; and
rofusing to reinstate tho plaintiff and pay him back pay after
discharging him without substantial reason and without such notic
and hearing."
Avon M. 11T.Llioms, Jr.
11(1̂ Parkway Towers
Nashville, Tonneaone 37219
Attorney fox’ Plaintiff
CERTIFICATE
Tho under*signed cortifios that carbon copy of tho foregoing
Amendment to tho Complaint in the above case was mailed to G.
V/ynn Smith, Jr., Esquire, 1213 Union Planters National Bank
Building, Memphis, Tennessee 38103, Attorney for Defendants, and
Craig Cronshaw, Esquire, U.S. Department of Justice, Civil Rights
Division, Washington, P.C., Attorney for Plaintiff-Intcrvonor in
the consolidated caso of John McFerron, Jr,, ct al etc. vs.
County Board of Education of Payette County, Tonncssoc, ct a.1 etc*
Civil No. 65-136, this the l*Tth day of November, 1970.
480
' \S>
X*i ...::j’j CiXiuji Or’
Poa t;c: \r±:zi'~u: visnasr
tizs;-~ui i-ivmzi
1712 UlUViD Si'A*'li3
0? TtUHiUbiA?
jo u ij u c r jrs v z i, Jii. > ?;t al,
arid
USItJS 8?.Vtt£3 C? //KUCA,
PI q iu vi f f - 1111 o r v-i a op ’
nnd
MBS. MASL3 c . «)<; n l ,
Ir.to:‘V<hria--i," Plaintiffn
Y3.
cc«:ijr K>.\nr» op rsucAiicn op payycts
coo:u y , ?;j;:;ii7jr.3» oi ai,
Uofenteito
and
ot r.X,
Proposed Additional Defendant*
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) CIVIL ACTION HO,
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Lsnecr k l v .j, ,t:u , )
Pinintirr )
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CC-HiST ECA.'S 0? irCCAOIOH 0? FXCZllBcouuzr, ja«rŝ 3Ls, i?r al,
rofondanca
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POTTO:? VO i ; :??r.;vriR / M V OP B?: AT 1*2.7)
A j A i ~ i - : ,'•) M M ).■;
Co;»3 Kra. Alba?la KIvors, and respectfully novce tbo Court,
pureuiiut to Pules 19, 2J and/or 2.‘t of tbo Federal R u le s of Civil
Procedure, that c!,o bo allowed to In tor vono end/or bo added c.s
o plaintiff in ■ C-65-136, n..d granted tho rolief preyed b/ other
plaint iff tocc’jsrn in the Ho Mo:: for Purihor Poliof end *;o Allen
Additional Pl„ii(i.iffa to Ininirvo.io and Join Additional Dofcacante
fcciacofera filed in ep.iae.i.to rtn-*rjc;.tc.',ov I9 7 1 «?9n tl:o follou*
ing grounds: 481
Said Motion for Further Rollof allogos, Intor alia, that
tho defendants, County Board of Education and its Superintendent,
wrongfully, summarily and without establishing any standard or
affording thorn any notice or hearing dismissed 15' Negro non-tenure
teachers on 23 Apx'il 1970 because-of an estimated loss of en
rollment expectod for 1970-71 arising from white pupils trans-
ferlng to private academies in Fayette County becauoo of a school
desegregation order of this Court. 13 of said Nogro non-tcnuro
teachers wore named as intervening plaintiffs in the original
Motion and the Motiou rocitoa that: "2 otter Negro fcr.alo non
tenure teachers wore disniused in the same manner at tho same
time".
Tho movant, Mrs. Rivers, was ono of the foregoing two other
Negro female non-tonure teachers who wore dismissed. She accom
panied tho 13 original Intervening plaintiffs cn their first
visit to tho offlco of thc-ir counsel, but, though an Inadvertence,
failed to sign tho written retainer of caid counsel which was
subsequently executed and was Hereby OJuittou aa an original in
tervening plaintiff. Subsequently on 3 October 1970 sh6 signed
the rotainer and requested her undersigned counsel to attempt to
add her ae a plaintiff in the lawsuit. This matter was inadver
tently overlooked by her counsel in the 9 October 1970 homing.
However, on 10 Octobor 1970 when Mrs. Rivers learned of tho
necessity of boing subjected to possibly grilling examination on
discovery deposition by counsel for defendants if she were added
as a plaintiff, she requested counsel to defer any action in
that regard becauso of fear for herrhealth which is highly deli
cate and subject to 0037 breakdown. However, c-a 19 Octobor 1970,
at the commencement of tho hearing on said Motion, sho requested
her counsel to ask that she be added as a party plaintiff and
that her rights and interests be considered along with those
of the other discharged toachsrs.
Tho movant avors that sho was continuously employed 93 a
teacher by defendant* from J.9N2 uo 1951 and from 1965 to 1970,
- 2 -
f«2
Bbo having boen out during 1951 to 1965 for conditions of health.
Sho is conooquontly in substantially the sane position as the
original intervening plaintiffs, Mrs. Willie B. Johnson, Mrs.
Arrisale Hardy Ovicns and others, and is a member of the class sued
for. Sho has boon unable to socuro other employment since her
dismissal by dofondants and is in dire circumstances because of
said wrongful dismissal.
The movant's joinder will not deprive the Court of juris
diction over the subject matter of this action and sho manifestly
claims an interest relating to tho subject of the action and is so
situated that the disposition of the action in her absence may as
a practical matter impair or impede her ability to protect that
interest. In addition, leaving her unjoined would subject the de
fendants themselves to a substantial risk of Incurring double,
multiple or otherwise increased costs by virtue of tbo independent
litigation of her claim which arises out of tho same transaction,
occurrence or sorios of transactions or occurrences, and involves
the same questions of law and fact, common to the original inter
vening plaintiffs in the action. Further, on Information and
belief, the defendants roly on the same ground of claim or defense
to this movant's claim as they did in the cases of tbo original
intervening plaintiffs and, in the absence of movant being Joined
as a plaintiff, defendants probably will decline to grant movant
the relief by way of reinstatement and back pay to which she is
entitled, thereby impeding hor ability to protect that interest
without extended further proceedings. The movant's interest is
not adequately represented by the original intervening plainltiffs
for the foregoing reasons. Her addition or intervention as a
party docs not unduly delay or prejudice the adjudication of the
rights of the original intervening plaintiffs since tho Court
has olrondy rendored n Memorandum Decision on 5 Ilovonbor 1970
determining tho rights of said intervening plaintiffs on princi
ples which aro clearly applicable to movant and were therein held
to entitle her t.n tho sane reliof granted the original plaintiffs.
If tho Court should door: it necessary for this Motion to bo
accomhaniod by a pleading as spocifiod in Tula 2l|(c) of the
Foeoral Rules of Civil Procedure, the movant horeby adopts as
such pleading and incorporate the oamo heroin by roforenoo ver
batim tho aforesaid iiotion for Furtbor Rollof and to Allow Addi
tional Plain tiffa to Intervene and Join Additional Dofondants
herotoforo filed heroin by hor said companion 1 3 Negro toachora
in Soptombor 1970, avoring that each and every of tha allegations
of said Iiotion for Further Roliof are applicable to tho movant
tho came no to onid othor toachora except that as to hor indi
vidual circumstances tho movant, Mrs. Alberta IUvors, is a 53
year old widow with a dependent child and was employed in and
by tho Fayotta County School System for the years stated above,
being assigned to Jefferson Elomontnry School at the time of hor
dismissal on 23 April 1970. Sho complotod throe years of college
nt Lano Collogo in Juckoon, Tennessee, from 192j.O to 191j3 and
did . additional atudioe in the year of 19 6 7 as reflected by
her transcript, copy of which is attached horoto marked Exhibit
"A.". Copy of tho defendants' lotter of 27 April 1970 dismissing
hor and of hor 3tate Toachora Certificate were respectively in
cluded in Collective .exhibits 1 and 61 introduced upon tho trial
of said Motion for Further Relief. Movant avora that about a
wook aftor receiving said letter of 27 April 1979 she wont to the
defendant, Superintendent's office and told him she would like
to work. He informed her that sho didn't have sufficient hours
and that he was requiring the hours to have boon earned widiln the
last three years. She informed him that she had oorao credit
hours that bo had no rocord of. Ho then told her to have her
transcript from Lano College aailod to' him. On information and
belief said transcript was mailed to him on 11 June 1970, but
movant was not ro-employod although she had earned 12 oemester
hours in tho year of 1 9 6 7, r.c reflected by Exhibit "a" attached
hereto. Ho othor roason was givon movant for her dismissal and
tho rofuoal to ro-oir.olov h o r „ . ,J r-, noi was she given notice or hearing.
Movant avers that the proof introduced upon tho hcring of
said Motion for Further Relief discloses clearly that hor dis-
•183
I
4fi4
rai33fll was based fudua.lly upon the cane subjective criteria as
the original 1 3 intervening plaintiffs, that the defendants did
not employ definite objoctivo otandard.3 or nnko any objective
comparison in determining v:ho should be dismissed as a result of
the oxpocted I0D3 of enrollment and that movant la thoroforo
entitled along with said original intervening plaintiffs in this
oase to bo reinstated as of the commencement of the School Year
and is entitled to damages in tho amount that oho would havo
earned if she had been permitted to teach loss what she night
have earned in some other suitable employment by reasonable dili
gence. As oforooaid, movant was unable to obtain other employ
ment and has earood nothing since her Bald discharge.
WHEREFORE PRE-USES CONSIDERED movant prays:
1. That this Motion bo sustained as one to add the movant
as a party intorvoning plaintiff in the above case and that the
Motion for Furthor Roliof and to Allow Additional Plaintiffs to
Intervene and Join Additional Defendants bo deemed arm treated
as any pleading required under Rule 2L|(c} of the Fedoral Rules
of Civil Procedure and/or that the Court doom said Motion for
Further Relief to be incorporatedra a part of thie Motion and
that the movant bo joined by the Court as a party plaintiff pur
suant to Rules 39 and 20 of the Federal Rules of Civil Procedure
for tho reasons stated abovo.
2. Tha^ thi.3 Motion bo treated as a followup and continu
ation of tho oral Motion for Addition or Intervention of tho
movant made at tho trial on or about 19 October 1970 and, as
such, this Motion be deemed to relate back to that date and
the movant treated as ons of the original intorvoning plaintiffs
with the rj.gbt to roly upon all of tho pleadings and the evidence
introduced upon the trial of said Motion for Further Relief be
ginning 19 Octebor 1970.
3« That tho Court adjudicate and doclare that tho cir
cumstances of this movant's dismissal by the defendants are
cloarly shown by tho evidonco previously introduced upon said
trial to have constituted r violation of her constitutional
-5-
rights as well ao those of tho othor original intervening plain
tiffs ao doc.larod in tho Court's Memorandum Opinion filod 5
November 1970 in which tho Court specifically wade such findings
as to this movant and that tho movant consequently he declared
to be entitled to reinstatement as of tho commencement of the
1970-71 School Year and entitled to damages as hold in eaid
Opinion.
i|. That the movant be awarded the same injunctive relief
and back pay against the■defendants, according to her oircuraotan-
ces, that is awarded to the other said intervening plaintiffs.
5. That tho movant be awardod general relief and that she '
be awardod her costs, Including a reasonable foe for hor attorney.
■ *8.5
Avon N. Williams, Jr.II4II4. Parkway Towers Nashville, Tennessee 37219
JACK GREENBERG JAKES H. NATOIT, III NORflAW J. CHACHKIN SYLVIA DREW 10 Columbus Circle Suite 2030New York, New York 10019
Attorneys for Movant
STATS OP TENNESSEE
Mrs. Alberta Rivers makos oath in duo form of law that she
is the movant in the above Motion; that she has read and knows
the contents of her said Motion and that the statements made
therein are true as of her bwn knowledge, except as to those
statements which are stated therein to be made upon information
and belief, and those statei.ients she bolloves to be truo.
?7U I2 £ L J^ aZ .
Sworn to and subscribed before ne-crthls the day of November, 1970.
L'otary Public
My Commission Expires; S '- 7 ~ 7/
-6-
9KJ
487
CIRTIFICVi.’
!Ihc ungor s:lgnod corrifioo that carbon copy of tho foregoing
Motion to Intervene and/or be added mo a Plaintiff and for Relic.,
-urn mailed to G. Wynn Smith, Jr., Enquire, 1213 Union Planter;*
Rational Ernie Building, Memphis, Tonnecase 3CIO3, Craig Crenshaw.
Esquire, U. S, Department of Justice, Civil Rights Division,
Uash.rirgton, E.C., Attorney lor Plaintiff•■Irhorvonor, J0 3 Nu Cocke
Esquire, Somerville, Tennessee, Attorney for Pay otto Aoadoay, et
al, John S. Wilder. Esqui.ro, Somerville, Tennessee, Attorney for
Rossvillo Baptist Church ot al, Troy W. Toed in, Esquiro, Somer
ville, Tennessee, Attorney for Thomas V. Luck, Quarterly County
Court of Fayotto County, Tennessee and Malcolm Jordan, end Jack
B. Teplits, Esquire, U. S. Department of Justice, Washington,
D.O. 20p30, Attorney for Randolph U. Thrower, thi3 tho 3.5th day
of November, 1970.
488
III miS DISTRICT COURT OP THE UNITED STATUS
FOR TEE WESTERN DISTRICT OF TENNESSEE
WESTERN D1VISIOR
JOHN McFERREN, J R ., ET AL, )
Plaintiffs )
and )
UNITED STATES OP AMERICA, )
Plaintiff-Intervonor )
and )
MRS. MABLE C. WALKER, ET AL, )
Intervening Plaintiffs )
VS. )
COUNTY BOARD 0? EDUCATION OF FAYETTE ) COUNTY, TENNESSEE, ET AL,
Defendants
)and )FAYETTE ACADEMY, ET AL,
Proposed Additional Dofendanta
/
CIVIL ACTION NO.
0-65-136
■ LEROY SHAW, JR., )
Plaintiff )
VS. ) CIVIL ACTION NO.
COUNTY BOARD OF EDUCATION OF FAYETTE ) C-69-221COUNTY, TENNESSEE, ET AL, )Defendants ) .
DECREE
The Rbovo consolidated casos came on for nearing on the
21ot, 22nd, 23rd, 26th, 27th, and. 28th days of October, 1970,
beforo the Honorable Robert M. McRae, United States District
Judgo, without intervention of a Jury, upon the ontire records
in both casea, including all affidavits, pleadings, motions and
exhibits filed or In evidence and including an oral motion in
beha’f of tho plaintiff, Leroy Shaw, Jr., for leave to file an
amendment to his complaint, which motion was granted and an oral
W)
motion in bohaIf of Mrs. Alberta Rivers to bo joined ao one of
tbo additional intervening plaintiffs, which v;as taken under ad
visement by the Court, and aftor hoaring all of the evidence
and argument of oounool, the Court does find and hold that the
intervening plaintiffo, including the movant, Mrs. AlbortaRiverc,
aro ontitled to relief but that the plaintiff, Leroy Shaw, Jr.,
in the Shaw case is not entitled to rolief, all to the oxtent and
for the reasons set forth in the Memorandum Decision of the Court
filed 3 November 1970 which said Decision is incorporated herein
by reference as a part of this Docroe and is adopted ns the find
ings of fact and conclusions of law of the Court.
IT IS THEREFORE ORDERED, ADJUDGED, DECREED AND ENJOINED na
follows:
1. It appearing to the Court that the movant, Mrs. Alberta
Rivers, has now filed with the Court a ftrmal notion to be addod
as an additional plaintiff in the case which the Court will treat
as a continuation of the oral motion made in her behalf at the
commencement of the trial, said motion is granted and Mrs. Alberta
Rivers will bo and is treated 33 an additional intervening plain
tiff in the case nunc pro tunc as of the commencement of tbo
action on the motion for further relief and to allow additional
plaintiffs to intervene and join additional defendants.
2. Mrs. Mary E. McKelvey is dismissed as ati additional
intervening plaintiff on statement of her counsel in opei Court
sthat she ha moved to East Tennos3ee since the filing of the
notion for further relief and nolongor desires to be a party.
3. The defendant̂ County Board of Education of Fayette
«County, Tonnonsee, its board mombers and John E. Bagwoll, Super
intendent of Schools of Fayotle County, Tennessee, will rein
state the intervening plaintiffs, Mrs. Mablo C. Walker, Mrs.
Arissie Hardy Owens, Mrs. Rosa J. Newborn, Mrs. Dixie Jordan
Pyo, Mrs. Nannio Mao Cole, Mylo3 Wilson, Lowden E. Andoroon, Jr.,
Cornelius W. Douglas, Jr., Sor.r.iy Gordon, Earnost Hughes, Mrs.
Opal L. Franklin, Mrs. Wlllio B. Johnson, and Mrs. Alberts Rivers
and re-assign thorn forthwith on a nondlscrimlnatory basis as
teacbors in tbo Fayette County School System so of the comaonce-
- 3-
merit of the School Year 1970-71 in the came or comparable position!i
to those which they held at the time of thoir dismissals, without
demotion, lo.su of pay or other prejudice. The aforesaid inter
vening p la in tiffs are entitled to damages in the amount that they
would have earned had they been permitted to teach, less what they
might hove earned in somo other suitable employment by reasonable
diligence. I f the parties cannot agree upon said amounts, the
amounts w ill be specifically determined at a separate hearing in
this cause, to bo held at a time to bo set by the Court after the
intervening p la in tiffs are reinstated.
4. Defendants' application for Jury t r ia l on the issue of
damages is denied.
5. In the event of any further reduction of faculty or pro
fessional sta ff arising from or in connection with desegregation
in Fayette County Public Schools, a l l teachers w ill be judged for
continued employment by definite objective standards with all.
other teachers in tho System, which objective standards shall be
limited to: state certification, college work and appropriate
credit for length of experience, with the requirement that teach
ers shall fce transferred i f their qualifications indicate that
they are entitled to be retained in preference to others less
qua!ified.
6. The amendment to the complaint in the Shaw case, allowed
to be filed raieing iesues of alleged violation of his substantive
and procedural due process rights under the Fourteenth Amendment,
w ill be treated us relating back to the beginning o f tho hearing
with defendants having denied same, and the Court's said Memoran
dum Decision is deemed to cover said amendment filed as a continua
tion of the cr.sl fitatemont of tho substance of same ns me do by
counsel for p la in tiffs In open court at the commencement of the
hearing.
7. The claim of the p la in tiff, Leroy Shaw, Jr., under his
-a.
491
complaint thus amended, for reinstatement as a Cos char, back
pay cnl attorney fees, is denial.
8. The foregoing is doomed end treated as a final decision
upon said issues raised by the pleas:* 1130 as to dismissal of the
plaintiff teachers and their rights to reinstatement and back pay.
9. The prayer for attorney's fees for Avon II. Hi 1 lianas, Jr.,
Esq., is hereby severed and will be determined after responsive
affidavits or proof from the defendants in filed.
10. All issues pertaining to the effort to add additional
defendants and secure relief against private academies in the
MeForten case are reserved.
This 16th day of December 1970.
United States District Judge
492
IH T£8 D im iCT CS35ST C? ESS BHIS5D STATS3
PCS TE3 WBS7HW VltZ'llOt GP SIE2E23SS
wsf-ifaa simio
joej iupsoiss, jh., ex al,
P la in tiffs
and
US ITS D STASIS G? AK3UC&,
Plaintiff-ldtervoner
and
KR3. HAKLS C. kSAUEHl, ST AL,
Interrsaing P la in tiff*
73.
)
)
)
)
)
)
)
)
)
ccmrt boamd op edocatics op passsts )
CCOSIX, TESHRA3XB, ET AL,
Defendants
and
Payetta Aoadaay, st a l.
Proposed Additional Defondaota
CIVIL ACTIO SO.
C-65i)l3&
LBBCJ7 SHAW, JR., )
P la in tiff )
T8< ) CIVIL ACTIO *0.
C0CWT7 BOAI'JD 0? EHJCATIC'J OP PAI2TTS ) C-69-2E1
ccrjxtt, rau B san , ht al.
Defendant*
)
■gHHM&a
It 1* stipulated by end b»tw »n tfao original and lntorronlng
p la in tiffs and original defendant* in tha abar* oa»* that the
raepaotlre gros* and nejr earning* of tba additional or lntorronlng
p la in tiff* aino* tba boginning of the 1970-V1 Stheel Tear from
a ll gainful eapleyraent are aa follfev*!
49.'*
u n e a s e * nax
1 . Krs. Esssaai® Km Cols Be«*
2 . Mrs. Oji&l 1 . ppaaJtlin R e n a
3. lire. Res® J. Ecm«m*n Bee*
i*. Krs. Albspea Rivora Boro
s . Hr. Kyis* Hi U fa $ $
6. Hr. Lewdasa U. ABdorssa, Jr. $ $
7. Ifc-a. K&fcle C. Valbar $277.00 $
8. Mr. fiamsat JJughos $1*35.00 0330.00
9 . Kr. Comsliua Vf. Dewgl&a, Jp. $1130.00 881*2.00
1 0 . Mr. Steay (Iordan $858.00 $676.00
1 1 . Hra. Arissia Ea-rdy Otfana $lfel*.98 0
1 2 . Krs, Dixie Jordan Pya $1*1*1.83 $360.00
1 3 . lira. M illie 3. Jobns-an $850.00 $71*8.00
And Rush earnings of tha p la in tiff, Leroy Jr. f o r tha
school y e a r ted sinoa tbs b a g l D a i n s o f tbs s o b o o l y e a r
1 9 7 0 - 7 1 total sa f oXI&k u j Qrv.sst $ j E a t i 0 ___________
it Is furtfesr stipulated th.it tb* abets figures rcprocant
tbs situation aa of tbs «nd of tbs tr ia l an 23 Ostebar 1970.
Thia day of Hovmobar, 1970.
T v w > iS. V i . t i T T 'a , J r .
IJ+li* Parfcway Tewors
Eashvtllo, Tennessee 37219
Cca of Attorneys for P la in tiff*
ii. a Bsiitli, ip .
1213 Caion Plantar# H.BJt. Bldg.
Ksuphis, Tonnass** 38103
One ef Attorneys for Dafandanta
Xraig Gronrbaw
U. S. Dapartasnt of Jr.atleo
Civil Rights Division
Washington, D. 0.
E ss* of Attaroays far P la in tiff
Intervener, 0. I . A .
- 2 -
494
CERTIFICATE
Tho undersigned certifies that-, carbon copy of the foregoin<t
Stipulation was mailed to Ci. Wynn Smith, Jr., Eaqaire, 1213 0« ion
Plant ora national Bank Building, ;5er(phis, Tennessee 3SIO3, Cra
Crwushaw, Bsquiro, U. S. Dapartsaont of Justice, Civil Right*
Division, Washington, D. C«, Attorney for Plaintiff-Intervencr,
Joe II* Cocke, Esquire, Somerville, Tennessee, Attorney for Fnyette
Aoadony, 9t al, John 3. Wilder, Esquire, Somerville, Tonnesece,
Attorney for Roseville Baptist Church et el, Troy W. Tomlin,
Esquire, Somerville, Tennessee, Attorney for Thomas V. Luck,
Quarterly County Court of Payette County, Tennessee and Hal colza
Jordan, and Jack B. Teplitc, Esquire, U. S* Department 0$ Justice,
Washington, D. C. 2i>530» Attorney for Randolph Vf. Thrower, this
the l£th day of Bov unbar, 1970.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
JOHN McFERREN, JR., at al., X
- vs - )
COUNTY BOARD OF EDUCATION OF
FAYETTE COUNTY, TENNESSEE, et al.,
and
LEROY SHAW, JR.,
- vs -
)
)
)
)
)COUNTY BOARD OF EDUCATION OF
FAYETTE COUNTY, TENNESSEE, et al., )
CIVIL ACTION
NO. C-65-136
CIVIL ACTION
NO. C-69-221
NOTICE OF APPEAL
Notice is hereby given that Leroy Shaw, Jr., plain
tiff in the above consolidated Civil Action No. C-69-221,
hereby appeal to the United States Court of Appeals for
the Fifth Circuit from so much of the final order, judg
ment or decree entered in said consolidated action on or
about the 16th day of December, 1970, as finds against
the plaintiff, Leroy Shaw, Jr., and denies his claims under
his Complaint aa amended for reinstatement as a teacher.
back pay, attorney's fee and cost.
This 11th day of January, 1970.
AVON N. WILLIAMS, JR.
1414 Parkway Towers
Nashville, Tennessee 37219
Attorney for Plaintiff, Leroy
Shaw, Jr.
196
CERTIFICATE
The undersigned certifies that carbon copy of the
foregoing Notice of Appeal was mailed to G. Wynn Smith,
Esquire, 12th Floor, Union Planters National Bank Build
ing, Memphis, Tennessee, 38103, Craig Crenshaw, Esquire,
U.S. Department of Justice, Civil Rights Division,
Washington, D.C. 20530, attorney for plaintiff-intervenor,
postage prepaid, addressed to their last known addresses
as stated above, this the 11th day of January, 1970.
LMMOi SHAN, j;>,, 1l
Plain I' iff - Ape ell fait I 1 1 5 - 1 ;s| i ■■-. >...
end { APi 2 3 19/;
TJill'TJJTj STATES OT APIS 110A, ? 1l i *.* i ..! . . - '... a :a
Plaintiff- In tor vr.nor 1
VS, { No, 71-IpOp
COUNTY BOA'S Op LOCO ATI ON OP*
PA.YLTTiC COUNTS, TTNAEf JJSg, lip AL, (
f«Defendants-Appelloon •
iiOTIOif POM EXTENSION OF T3 l’/i IN WHICH TO FILE BRTtJ’T HV) AP
. F9a PL AIAT I IP- AP?a.L AM?
Pj.eiufc.lxi-appeal?.tiit, I..eroy Shaw, by hiu iuh* or signed counsel,
reupeoequity roves tho Court for* an extension of forty (!;.0) days to i
including ihr- end d&y of Juno, 1971, of tho fcino within which ho nay
f51u ala Brit. sue Appendix an tho above case and for a waiver of the
Sixth Circuit policy against such extension in this particular cunt,
for reasons of special hardship as cot forth in Affidavit cf counsel
attached here to marked Exhibit "A",
- • T.
y l' l> j- ~cJx
U. s. Choaii
/ O
~Av£f¥T‘ v/xlli/Jis, ~/a.
l!j.i;.j. Par Jewry Tower s
Nashville, Tomes sea 37219
Attorney for Plain tiff-Appellor,
19«
caym c AT>;
Tho undersigned certifies that carbon copy of the forogoin.
Motion find atcached Affidavit was mailed to Jerome Turner, Mcqui.ro,
12t-h Floor, Union Planters Bank Building, Memphis, Tonnes see 3‘3103,
and Craig Crenshaw, Esquire, U* S* Department of Justico, Civil High
Division, Washington, D. C. 20530, Attorneys for Defendants-Appellee
and Plain tiff~Intorvonor respectively., postage prepaid, addressed to
their said last known addresses, this tho 22nd day of April, 1971
*
499
x». 3|n TOfK3> OTWSS waa* . » wa wti sixm cjrcbis
LEFOY SHAW, Jd.,
Plaintiff-Appellan-
an d
UNITED STALL’S OF AHENICA,
Piaintiff-lntervenor
VS,
COUNTY BO AND OF EDUCATION 0^
FAYETTE COUNTY, TENNESSEE, Eli?. AL,
Def endants-Appelleea
NO. 71-1205
AFFIDAVIT OF AVON N. WILLIAMS, JH.
STATE OF TENNESSEE
COUNTY OF DAVIDSON
Avon. N. Williams, Jr,, after boing duly sworn according to
lavr, deposes and say3 that he is counsel of record, for the plaintiff-
appellant in the above case; that at time of the filing and docketing
of the appeal in said case ho was actively engaged in tho trial of
a students suspension hearing in the case of John McFerren, Jr., et a
vs. CcunFoard 04. Eaucation of Fayette County, Tennessee, ot al in
the District Court at Memphis, which hearings wore continuous to and
including 5 April 1971 whereupon said counsel began hearings in tho
Nashville school desegregation case (Kelley vs. Metropolitan Nashvill
Board of Education)in tho District Court at Nashville on 6 April 1971
which hearings wore continuous to and including the 9th day of April,
EXHIBIT "A"
500
197V; vihoroupon counsel war, in preparations for „
*" ''“U 0bnS**BO°6* 30too!- «cs®6»S(v*Ion ccoo (Happ vo. city of
Chattanooga -Coal’d of Kduottliou) iMoh »as hold on Xtp kpeil
In addition said counsel is a Member of. the, Stato S0nato of
vhich has boon continnonoly in session since 13 February 19 7 1 and wi
continue until 7 May 1973 . Ho is the only counsel who appoarod for
tl.„. plain m i s in -no trial of this case and it has boon htwunly
impossible for him to prepare the Brief and Appendix on Appeal or-
SOCUro tho nccansary 8£?sin 1 r „ r i-tj c . . _ o J . n preparation o;. 3ame oo that tho
additional time roquo-.ted is essential.
Further Deponent Saifch Hot.
Sworn to and subscribed before ns
this, the 22nd day of /Ipril, 1 9 7 1.
Hotai y i>ubfic ~
My C o r c n ia s io n E x p i r e s : / / / / / ?7 >.-