Jackson v. Morrow Duplicated Record
Public Court Documents
April 26, 1966
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Brief Collection, LDF Court Filings. Jackson v. Morrow Duplicated Record, 1966. a0defad9-b89a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a4a7a821-66aa-4e8c-888e-2b4fec465183/jackson-v-morrow-duplicated-record. Accessed October 04, 2025.
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DUPLICATED RECORD
IN THE UNITED STATES
COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NO. 23617
A R T H U R L. J A C K S O N ,
Appel lant
versus
W I L L I A M L. MORROW, ET AL,
A p p e l l e e s
A p p e a l from the Uni te d S ta t e s D i s t r i c t C o u r t for
PAGE NO.
I N D E X
Appellant's Designation------------------ 1
Clerk’s Certificate--------------------- 3
Complaint---------------- ------------------ 5
Note: Portion of Record Omitted---------- 8
Answer of Defendants--------------------- 9
Supplemental Answer------------- 20
Motion to Challenge the Array and Quash
the Venire------- 22
Answer to Motion to Challenge the Array
and Quash the Venire---- --- ----------- 27
Order Overruling Motion to Challenge
the Array and Quash the Venire-------- 29
Note: Portion of Record Omitted---------- 30
Verdict of Jury..........-................ 30
Judgment---------------------------- 30
Notice of Appeal-- ----------------------- 31
Note: Portion of Record Omitted--------- 31
Order Extending Time to file Appeal------ 31
Plaintiff's Exhibit 1 - Affidavit of
Fred Wallace--------------------------- 32
Plaintiff's Exhibit 2 - Questionnaire
Letter---------------- *---- ------------ - 37
Plaintiff's Exhibit 4 - Questionnaire---- 40
INDEX (Continued)
PAGE NO.
Proceedings------ ----- ---------- --- 40
Dan Strong---------------- ----------- 41
Paul Edward Strong- — ---------------- 65
William E. Davis--------- ------- — - 69
Mrs. Mary Tortorici--- *------------- 95
Arthur Lewis Jackson------------------ 100
Emma Jackson--- -------- ---------•--- 134
Dr. Gaston 0. McGinnis--------------- 151
James F. McKinsey---- ------------------ 160
Billy Ray Frazier— ------------------- 178
James 0. Meads---------------------- 190
Leo Moore-- --------- -— -- ------ ---- 209
James Reed--------------------- 218
Lt. Frank Crow------------------------ 227
Ralph Ho liman-- --------------------— 234
Lewis Worrell Taylor------------------ 239
William L. Morrow---------------- 253
Deposition of David W. Buttram---------- 290
Deposition of James H. Jones------------ 303
1
IN THE
UNITED STATES COURT OF APPEALS
FOR THE
FIFTH CIRCUIT
NO. 23,617
ARTHUR L. JACKSON,
Appellant
vs.
WILLIAM L. MORROW, et al.,
Appellees
APPELLANT'S DESIGNATION OF PARTS OF RECORD ON
APPEAL TO BE PRINTED
(Filed: April 26, 1966)
Appellant, Arthur L. Jackson, through his attorneys,
hereby designates the following portions of the original
record below to be printed for the purpose of this appeal:
1. Complaint - filed February 25, 1965.
2. Answer - filed April 30, 1965.
3. Supplemental Answer - filed October 5, 1965.
4. Motion to Challenge the Array and Quash the Venire -
filed November 4, 1965.
5. Answer to motion to challenge the array,etc. - filed
November 9, 1965.
6. Deposition of David W. Buttram taken October 29,
1965 ~ filed November 9, 1965.
7. Deposition of James H. Jones taken October 29, 1965 -
2
filed November 9, 1965.
8. Transcript of Proceedings of November 9, 1965 -
filed February 25, 1966.
9. Order - filed November 9, 1965.
10. Verdict - filed November 12, 1965.
11. Judgment - filed November 12, 1965.
12. Notice of Appeal - filed December 2, 1965.
13. Order extending time for filing record and docketing
appeal - filed January 6, 1966.
14. Plaintiffs' exhibits Nos. 1, 2 and 4.
15. This designation.
Please omit in printing, all certificates of service,
indices, etc. and other formal parts of documents.
s/ Norman C. Amaker
Norman C.Amaker
Jack Greenberg
10 Columbus Circle
New York, New York 10019
Oscar W. Adams, Jr.
1630 Fourth Ave. North
Birmingham, Alabama
Demetrius C. Newton
408 North 17th Street
Birmingham, Alabama
Attorneys for Appellant
...ooOoo...
3
CLERK'S CERTIFICATE
(Number and title omitted)
I, WILLIAM E. DAVIS, Clerk of the United States District
Court for the Northern District of Alabama certify that the
following pleadings comprise the original pleadings in the
above civil action and are herewith attached as the record on
appeal in the above-styled action:
1. Docket entries.
2. Complaint. Filed February 25, 1965.
3. Motion of defendants to dismiss. Filed March 17, 1965.
4. Order overruling motion of defendants to dismiss and allowing
30 days to file responsive pleadings. Filed April 1, 1965.
5. Answer of defendants to plaintiff's complaint. Filed April
30, 1965.
6. Supplemental answer of defendants to the complaint. Filed
October 5, 1965.
7. Order on pretrial hearing. Filed October 7, 1965.
8. Motion of plaintiff to challenge the array and quash the
venire. Filed November 4, 1965.
9. Answer of defendants to motion to challenge the array and
quash the venire. Filed November 9, 1965.
10. Order overruling plaintiff's motion challenging the array
and to quash venire. Filed November 9, 1965.
11. Instruction to Jury presented at end of plaintiff's testimony
and denied by Hon . H. H. Grooms.
12. Verdict of the Jury. Filed November 12, 1965.
4
13. Judgment on Jury Verdict. Filed November 12, 1965.
14. Notice of Appeal. Filed December 3, 1965.
15. Bond for costs on appeal. Filed December 3, 1965.
16. Order extending the time within which to file record on
appeal in U. S. Court of Appeals, Fifth Circuit. Filed January
6, 1966.
17. Transcript of proceedings. Filed February 25, 1966.
18. Exhibits.
IN WITNESS WHEREOF, I have this 1st day of March, 1966,
placed my signature and the seal of this Court.
s/ William E. Davis
William E. Davis, Clerk
United States District Court.
( S E A L )
...ooOoo...
5
COMPLAINT
(Number and title omitted) (Filed: February 25, 1965)
I.
Jurisdiction of this court is invoked under the Fourteenth
Amendment to the United States Constitution and Tit. 28, U.S.C.,
§ § 1331 and 1343 (3) and Tit. 42, U.S.C., §§ 1983 and 1988.
II.
The matter in controversy exceeds the sum of value of
Ten Thousand and No/100 ($10,000.00) Dollars, exclusive of
interest and costs.
III.
The plaintiff is a citizen of the United States and resides
in the City of Anniston, Alabama.
IV.
The defendants are police officers of the City of Anniston,
and were acting in the course of their employment and engaged
in the performance of their duties as police officers of the
City of Anniston when the plaintiff was assaulted as will be
more fully set out in this complaint. The defendants and
each of them were acting under the color of statutes, ordinances,
regulations, customs and usages of the State of Alabama, County
of Calhoun and the City of Anniston at the time plaintiff was
injured by them.
V.
On or about January 23, 1965, plaintiff was driving south
on Leighton Street in the City of Anniston, going toward "EH
Street, when he was blinded by the lights of an on coming
6
vehicle and in his effort to pull out of the way of the on
coming vehicle that he thought was going to hit him he struck
a parked car on his left hand side, and slightly damaged said
car.
Shortly thereafter the defendants, who were and are
police officers of the City of Anniston, arrived on the scene
and arrested the plaintiff, and took him to the jail, located
at City Hall.
At no time did the plaintiff resist the arrest of the
police officers or act in any way in a disorderly manner,
either at the scene of the accident or during the time that he
was in the car driven by one of the defendants or when he
arrived at the City Hall.
However, the defendant, William L. Morrow, with the
assistance of the defendant, Lewis Taylor, after they both got
the plaintiff within the confines of City Hall, grabbed the
plaintiff by the shoulder and snatched him around and hit him
with his fist in his face and knocked him down and after he
was on the floor kicked him several times with his foot in the
face, causing the plaintiff's face to become severelly lacerated
at three places, one place over his right eye and one place
over his left eye and another place under his right eye. The
plaintiff's face was swollen and it was necessary to have
fourteen stiches taken in plaintiff's face, and some of the
facial bones in the plaintiff's face are fractured, and plaintiff
was placed in jail and not given any medical attention until
7
sometime the next morning.
Plaintiff was also kicked in the chest and while the
defendants were taking the plaintiff to the police station,
the defendant, William L. Morrow, said, "Niggers been drag
racing up and down this street and we are going to put a stop
to it". While the defendant, William L. Morrow, was striking
the plaintiff the defendant, Lewis Taylor, got a stock or a
black jack and hit the plaintiff on the head with this instru
ment. Both defendants picked up the plaintiff and took him up
stairs and locked the door and told him that he was going to
be there all night.
Plaintiff was tried in city court and fined $25.00 and
cost. His case has been appealed.
VI
The aforesaid acts of the defendants constitute a vio
lation of the Constitution and Laws of the United States of
America, in that the plaintiff was deprived by the defendants
of rights, privileges, and immunities secured by the Constitu
tion of the United States.
At the time of the aforesaid acts, the defendants had
on uniforms of police officers of the City of Anniston and were
driving a car of the City of Anniston used in police work.
All of the above acts of the defendants are in violation
of plaintiff's rights under the Fourteenth Amendment to the
Constitution of the United States and Tit. 23, U.S.C., §1343
(3) and Tit. 42, U.S.C., 1983, and as the direct and proximate
8
result of the aforesaid acts of the defendants, the plaintiff
has suffered great bodily pain and injury and mental anguish,
and he will continue to so suffer in the future, and he is
permanently disfigured, and he is greatly humiliated and held
up to scorn and derision as the result of the foregoing acts
of the defendants.
WHEREFORE, plaintiff demands judgment against the defen
dants and each of them, jointly and severally, in the amount
of Twenty-five Thousand and No/100 ($25,000.00) Dollars, plus
costs of this action, and he further demands punitive damages
against the defendants and each of them, jointly and severally,
in the amount of Fifty Thousand and No/100 ($50,000.00) Dollars,
plus costs of this action; and he further demands such other
relief as to this Court seems just, proper and equitable.
s/ Arthur Lewis Jackson
PLAINTIFF
Plaintiff hereby demands a trial by jury of this cause.
s/ Arthur Lewis Jackson
PLAINTIFF
s/ Demitris
s/ Oscar W.Adams, Jr.
OSCAR W. ADAMS, JR.
1630 Fourth Avenue, North
Birmingham, Alabama 35203
ATTORNEYS FOR PLAINTIFF
...ooOoo...
NOTE.* PORTION OF RECORD OMITTED -
FILED IN ITS ORIGINAL FORM
...ooOoo...
9
AJJJS_W_E_R
(Number and title omitted) (Filed: April 30, 1965)
I
The defendants William L. Morrow and Lewis Taylor,
individually and as police officers of the City of Anniston,
Alabama, jointly and severally make this answer to the com
plaint of the plaintiff. For answer to Paragraph I they say
that the plaintiff has sought jurisdiction of this court
under the Fourteenth Amendment to the United States Constitution
and Title 28 of the United States Code, Sections 1331 and
1343 (3) and Title 42 of the United States Code, Sections 1983
and 1988.
II
The defendants say that the plaintiff is seeking through
this lawsuit a sum in excess of ten thousand dollars ($10,000),
the plaintiff seeking the total sum of seventy five thousand
dollars ($75,000) plus the costs of this lawsuit.
Ill
The defendants admit that the. plaintiff is a citizen
of the United States! they aver on information and belief that
the said plaintiff does not now reside in the City of Anniston,
Alabama, as alleged in the plaintiff's complaint but that he
resides in the City of Springfield, Ohio.
IV
The defendants William L. Morrow and Lewis Taylor say
that each is a police officer of the City of Anniston,
Alabama! that William L. Morrow is and has been a police
10
officer of Anniston, Alabama for fourteen (14) yearsi that
Lewis Taylor is and has been a police officer of the City of
Anniston, Alabama for approximately two (2) years. They say
that they were acting in the course of their employment by the
City of Anniston, Alabama, as policemen on January 23, 1965,
and that they were engaged in and carrying out the performance
of their duties as police officers of the City of Anniston
when the plaintiff was arrested for the offense of driving
while intoxicated and resisting arrest. They say that in
making such arrest they did in fact and in law act under
the statutes, ordinances and regulations of the State of
Alabama and the City of Anniston, Alabama. They further show
to the court that the plaintiff was not assaulted or injured by
them in any way.
V
For answer to Paragraph V of the plaintiff's complaint
the defendants William L. Morrow and Lewis Taylor show to the
court that the plaintiff Arthur L. Jackson was driving south
on Leighton Street in the City of Anniston, Alabama, going
toward "E" Street, as he says in his complaint, that he did
strike and hit a parked car, the parked car hot moving in any
way, as the plaintiff says in his complaint; the defendants
say that the parked car hit by the plaintiff was not on the
plaintiff's left-hand side as he states in his complaint but
was on his right-hand side. The defendants further say that
11
the plaintiff at that time and at that place and as he drove
his automobile into the parked car on his right-hand side was
driving while he was intoxicated.
The parked car that was hit belonged to Mrs. Elizabeth
Davis. Immediately after her parked car was hit by the
plaintiff as he drove into it while intoxicated, a report of
the incident was made to the Desk Sergeant of the Police
Department of the City of Anniston, Alabama, the Desk Sergeant
being named Lloyd Brown. Sergeant Brown in turn immediately
made radio contact with the defendants. The defendants were
in a police car together carrying out the performance of their
duties as policemen of the City of Anniston. The time was
approximately eleven (11) o'clock at night. At the time
that the defendants received the police call report on the
plaintiff's conduct in running into a parked car, the defendants
were in the process of putting gasoline in the police car.
They were approximately one and one-half (1 1/2) miles from
where the plaintiff had run into the parked car. The defen
dants immediately went to the scene.
Upon arriving at the place where the plaintiff had run
into the parked car the two defendants acting in their capacities
as policemen of the City of Anniston and carrying out in a law
ful manner the performance of their duties, proceeded to in
vestigate. In doing so they both talked to the plaintiff. The
plaintiff alleged in his complaint that he did not resist arrest
12
and did not act in any way in a disorderly manner either at the
scene of where he hit the parked car while driving while he was
intoxicated or during the time he was being driven to the city
jail or when he arrived at the city jail. The defendants state
that this is not true. The plaintiff did act in a disorderly
manner at the scene of where he had hit the parked car, during
the time he was being driven to the city jail and when he arrived
at the city jail. He resisted arrest first when the defendants
were attempting to get him inside the door of the city jail and
again after the defendants had gotten him inside the City Hall
itself, the city jail being located within the City Hall.
After the defendants arrived at the place where the plain
tiff had hit the parked automobile they ascertained that the
plaintiff was intoxicated. The defendants asked for the plain
tiff's drivers license. The plaintiff got his billfold out of
his pocket with considerable difficulty because of his drunken
condition. After getting his billfold out of his pocket he
could not take his drivers license out of his billfold because
he needed at least one hand to prevent himself from falling to
the ground due to his intoxicated condition. A woman companion
of the plaintiff took the billfold out of the plaintiff's hand
and got his license out of it for him because the plaintiff was
so intoxicated that he could not stand without holding to his
automobile.
The plaintiff then insisted to the defendants that they
arrest the owner of the parked automobile that he had run into.
13
When a wrecker belonging to a commercial garage and repair
company arrived upon the scene to move the plaintiff's car out
of the street the plaintiff told the driver of the wrecker "to
leave his damn car alone". One of the defendants told the
plaintiff that his car could not be driven due to the damage
and that it would have to be moved out of the street and that
it could be moved either to the City Hall of the City of
Anniston or to the wrecker company's premises. The plaintiff
then told the driver of the wrecker "to take his god-damn car
to the City Hall." He then stated to the defendants that they
were not going to put him (the plaintiff) in jail unless they
put the white woman in jail too. The plaintiff was then informed
by one of the defendants that the lady had not violated any
law so far as they knew but that he had violated the law by
driving while intoxicated and that they would have to arrest
him.
The defendants then placed the plaintiff in the rear seat
of the police car. Both back doors were closed. Officer Morrow
went to the front of the police car to talk to witnesses and
complete his police report. Officer Taylor stood beside the
back door of the police car. The plaintiff made three (3) or
four (4) attempts to get out of the back seat of the police car
and had to be restrained by Officer Taylor from doing so.
Further, Officer Morrow on at least two different occasions
had to assist Officer Taylor in restraining the plaintiff from
getting out of the police car. The plaintiff's woman companion
14
came back to the rear of the police car and told the plaintiff
to sit still, be quiet and quit trying to get out of the police
car. She also told the plaintiff that the defendants were
doing their job and that she would take care of his car.
Because of the plaintiff's attempts to get out of the
police car, his boisterous manner and his cursing Officer Morrow
quit attempting to complete his police report on the incident,
got into the police car along with Officer Taylor and they drove
the plaintiff to the City Hall. Officer Morrow drove the police
car to the city jail. Officer Taylor sat in the back seat with
the plaintiff. During the drive from the scene of where the
plaintiff had hit the parked car to the city jail the plaintiff
continued to conduct himself in a disorderly manner. The plain
tiff continued to make argumentative comments about his car, to
curse and make demands to know why the defendants had not
arrested the white woman who owned the parked car that he had
run into. Officer Taylor stated to the plaintiff that the lady
was not arrested because she had not done anything to violate
the law and that her car had been properly parked at the curb
when he (the plaintiff) ran into it.
It took from three (3) to five (5) minutes to drive from
the place where the plaintiff had run into the parked car to the
entrance of the City Hall. On arriving at the City Hall Officer
Morrow got out of the front seat of the automobile and went
around to the right rear door. Officer Taylor had gotten out
15
of the right rear door. The plaintiff began to get out of the
right rear door of the police car. As he got out he slid and
was having difficulty getting out of the car because of his
intoxicated condition. As he got on the sidewalk he crouched
down and ran at Officer Taylor, saying as he did so, "Yall are
not a going to put me in that jail unless you put that white
woman in too.” Officer Morrow caught the left arm of the plain
tiff as the plaintiff ran at Officer Taylor and Officer Taylor
caught the plaintiff's right arm. With the two officers holding
the plaintiff's two arms they walked him toward the door of the
City Hall.
When the two police officers got to the entrance door of
the City Hall, the plaintiff continued in his struggles to get
loose. Officer Morrow reached with one hand to open one of the
two entrance doors. As he opened it the plaintiff broke away
from Officer Morrow. Officer Taylor continued to hold onto the
plaintiff's right arm. As the plaintiff struggled to get away
from Officer Taylor as well as Officer Morrow while they were
at the doorway,the plaintiff spun into the door edge, hitting
the door edge with his body,including his shoulders and his head,
He fell part of the way down at that time. Officer Morrow then
took hold of the plaintiff's left arm again and then the two
officers got the plaintiff through the entrance door and up the
steps that lead to the Desk Sergeant's office.
The two defendants in this way got the plaintiff to the
window of the Desk Sergeant's office where all arrested people
I 16
are booked. When they got the plaintiff to the window * the
plaintiff continuing in his struggles to get away throughout this
period of time, Officer Morrow attempted to secure the personal
belongings of the plaintiff and check them in with the Desk
Sergeant, this being required police procedure in the Police
Department of the City cf Anniston, Alabama, While Officer
Morrow was attempting to secure the personal belongings of the
plaintiff from the plaintiff's person, the plaintiff was con
tinuing in his attempts to get away from Officers Morrow and
Taylor, The plaintiff kept jerking his arms, kicking and
struggling. In this struggle all three men were caused to fall
onto the floor. To the right of the window where this struggle
took place was a brass metal cuspidor. As the three men fell
the plaintiff fell onto the cuspidor, hitting it with his face
and head. All three men were struggling on the floor for several
seconds with the cuspidor being knocked about over all three men
and the contents being spread over all three men.
The defendants got to their feet and lifted the plaintiff
up to his feet. They had finished searching the plaintiff while
the plaintiff and the defendants were on the floor in the scuffle.
The defendants then took the plaintiff to the jail that is
upstairs over the City Hall and locked him in a cell. There were
a few drops of blood on the side of the plaintiff's face as a
result of his hitting the cuspidor but he did not appear to be
in any way seriously injured. He made no complaints to the
defendants. Further, the plaintiff did not at that time appear
to have any injury other than a small cut on the side of his
face that he had received either from the fall onto the cuspidor
17
or when he spun into the door edge during the period that he
was attempting to get away from the two officers. While there
were a few drops of blood on the side of the plaintiff's face,
he did not appear to be otherwise bleeding or to be in any need
of medical attention. He made no complaint to anyone nor did he
request medical attention.
At no time did either of the two police officers hit the
plaintiff in his face or on any other part of his body. At
no time did either of the two police officers knock the plaintiff
down. At no time did either of the two' police officers kick
the plaintiff with their feet in the plaintiff's face or on any
other part of his body.
The plaintiff was not kicked in the chest by either of
the two police officers. Neither did Officer Morrow state to
the plaintiff while the plaintiff was being driven to the
police station, or at any other time, that, "Niggers been drag
racing up and down this street and we are going to put a stop
to it." This was not said in those words or in any other words
by Officer Morrow or by Officer Taylor at any time throughout
their attempts to arrest the plaintiff and place him in city
jail or afterwards. Further, Officer Taylor did not get a stick
or a blackjack or any other instrument of any kind and hit the
plaintiff on the head with it as he claims in his complaint. No
such lick was given by Officer Taylor or by Officer Morrow
at any time throughout their attempts to arrest the plaintiff
or afterwards.
18
At no time throughout the efforts of the two police
officers to arrest the plaintiff and place him in jail did either
of the defendants use more force than was necessary to arrest,
restrain and place the plaintiff in jail.
On January 25, 1965 the plaintiff was tried in the City
Court of the City of Anniston, Alabama. At the said trial in
the City Court the said plaintiff was represented by an
attorney. The result of the trial was not merely a fine of
twenty five dollars ($25) and cost as is stated in the plain
tiff's complaint. The plaintiff was tried on the charge of
driving while intoxicated. He pled not guilty to the charge.
Evidence was taken by the court, including evidence presented on
behalf of the plaintiff. On this charge the plaintiff was found
guilty and fined one hundred dollars ($100) and cost. The
plaintiff was also tried on the charge of resisting arrest.
To this charge the plaintiff pled not guilty. Evidence was taken
by the court, including evidence presented on behalf of the
plaintiff. On this charge the plaintiff was found guilty and
fined twenty five dollars ($25) and cost. On both the charge
of driving while intoxicated, of which the plaintiff has been
found guilty, and the charge of resisting arrest, of which
the plaintiff has also been found guilty, the plaintiff appealed
his convictions to the Circuit Court of Calhoun County, Alabama.
Neither of the two appeals from the two convictions of the
plaintiff of driving while intoxicated and resisting arrest
19
have as yet been heard by the court to which the convictions
were appealed.
V I
The acts of the two police officers who are defendants
herein were in all ways lawful and were done in furtherance of
their duty as policemen of the City of Anniston, Alabama.
Such acts did not constitute a violation of the Constitution
and Laws of the United States of America and in no way deprived
the plaintiff of rights, privileges and immunities secured by
the Constitution of the United States, as he claims in his
complaint.
In no way did the acts of the defendants violate the
plaintiff's rights under the Fourteenth Amendment to the Con
stitution of the United States, as he claims in his complaint.
Further, the acts of the defendants in carrying out their
duty and responsibilities as policemen of the City of Anniston,
Alabama did not in any way violate the plaintiff's rights under
Title 28, Section 1343(3) or Title 42, Section 1983 of the
United States Code.
s/ William L. Morrow
WILLIAM L. MORROW
s/ Lewis So Taylor
LEWIS TAYLOR
s/ Guy Sparks
GUY SFARKS
Attorney for Defendants
409 Commercial National Rank Bldg.
Anniston, Alabama
20
s/ Robert M. Collins
ROBERT M. COLLINS
Attorney for Defendants
600 North 18th Street
Birmingham, Alabama
«*.ooOoo.v«
SUPPLEMENTAL ANSWER
(Number and title omitted) (Filed: October 5, 1965)
Now come the defendants, William L. Morrow and Lewis
Taylor, individually and as police officers of the City of
Anniston, Alabama, and add the following allegations to
paragraph V of their original Answer. The defendants say that
the events that are added as allegations of fact to paragraph
V have occurred since they filed their original Answer.
V
The conviction of the plaintiff on the two charges of
driving while intoxicated and resisting arrest alleged in
paragraph V of the original Answer were appealed to the Circuit
Court of Calhoun County, Alabama, by the plaintiff, as originally
stated by the defendants. At the time the defendants filed their
original Answer in this cause neither of the two appeals of the
two convictions of the plaintiff had been heard by the Circuit
Court of Calhoun County, Alabama. On May 31, 1965, after your
defendants had filed their original Answer, the two charges
against the plaintiff of driving while intoxicated and resisting
21
arrest were called for trial in the Circuit Court of Calhoun
County, Alabama, this being on May 31, 1965. The plaintiff
did not appear for the trial of either case. Bond forfeitures
were taken in respect to each case, and the appeal by the
plaintiff of his convictions for driving while intoxicated
and resisting arrest were dismissed by the Circuit Court of
Calhoun County, Alabama on May 31, 1965. The plaintiff subse
quently paid the fines and court cost that had been assessed
against him on his convictions of driving while intoxicated
and resisting arrest. He paid a fine of $100 plus $7.00 as
court cost for a conviction of driving while intoxicated;
he also paid a fine of $25 plus $7.00 court cost on his con
viction of resisting arrest. Both payments were made through
his attorney of record to the City' of Anniston on July 8, 1965.
s/ Guy Sparks
GUY SPARKS
Attorney for Defendants
409 Commercial Nat'l Bank Bldg.
Anniston, Alabama
s/ Robert M. Collins
ROBERT M. COLLINS
Attorney for Defendants
600 North 18th Street
Birmingham, Alabama
...ooOoo...
NOTE: PORTION OF RECORD OMITTED-
FILED IN IT S ORIGINAL FORM
«..ooOq g.«.
22
MOTION TO CHALLENGE THE ARRAY AND QUASH
THE VENIRE _________ _
(Number and title omitted) (Filed: November 4, 1965)
Comes now the plaintiff and, through his attorneys
Oscar W. Adams, Jr., and Demetrius C. Newton and pursuant to
the authorization of 28 U.S.C. 1870, as amended, respectfully
moves this Court to quash the venire from which the panel will
be drawn to hear and decide the issues of the above-styled case.
As basis for this challenge and motion plaintiff submits and
alleges the following:
1. On February 25, 1965, plaintiff filed the above-styled
cause in this Court. The subject of the suit is the recovery
of damages by plaintiff for certain injuries, physical and
otherwise suffered by plaintiff at the hands of defendants
(wrongly and unlawfully) while they were engaged in the per
formance of their duties as police officers of the City of
Anniston, Alabama. Plaintiff is a person of the Negro race;
defendants are both white persons.
2. Hearing on this action was set for Wednesday, November
3, 1965. At that time the venire was presented from which
the panel was to be chosen to try the case. The venire con
sisted of 39 persons. Of this group 36 were white persons and
3 were Negro persons; 37 were men and 2 were women.
3. There are 1,062,055 persons over the age of 21 and
potentially eligible for jury service in the Northern Judicial
District of Alabama. Of these 840,943 persons or 79.18 aL are
23
white; 221,122 or 20.827. are Negro; 503,595, or 47.417. are men
and 558,460 or 52.597. are women.
4. The duty of compiling the jury list from which the
aforesaid venire was drawn is delegated by law to t jury com
missioner and the Clerk of the United States District Court for
the Northern District of Alabama. The Clerk is Mr. William E.
Davis and the Commissioner is Mr. James H. Jones. In compiling
the jury list the Commissioner and the Clerk utilize "key" men
and organizations located at various places in the Northern
District. These persons recommend names to the Commissioner
and Clerk and from these names the jury list is compiled.
5. There are no particular criteria used in determining
which men or organizations will be designated "key" men or
organizations. There is no plan or pattern by which the "key"
personnel are allocated about the district in some roqgh confor
mity to the extreme numerical and racial imbalances therein.
The Clerk and the Commissioner have not been instructed by the
District Court as to what methods they should employ in compiling
the jury lists or as to what result they should attempt to
achieve. In practice the function of designating "key" men and
organizations has fallen principally upon minor personnel in
the Clerk's Office of the United States Iistrict Court for the
Northern District of Alabama located in Birmingham, Alabama.
6. All of the minor administrative personnel in the Clerk's
Office of the United States District Court for the Northern
24
District of Alabama are white persons resident principally, if
not exclusively, in Jefferson County,Alabama. These persons have
little knowledge of persons or organizations located outside
Jefferson County. They have no knowledge of the extent of com
munity knowledge and membership coverage by the"key" men and/or
organizations; no knowledge as to whether the "key" organizations
exclude Negroes from membership in their groups; no knowledge
as to whether the "key" men and organizations hold to such
beliefs and practice as to render them incapable of recommending
Negroes on the same basis and in proportionate numbers to whites.
7. In practice the overwhelming majority of "key" men
and organizations are white. All of the "key" individuals are
men and few, if any, of the "key" organizations are women's
organizations. A token number of the "key" men and organizations
are Negro. However, the great majority of these few Negro men
and organizations are scattered over the 31 counties of the
Northern District other than Jefferson County where, alone, al
most one-half of the Negro population of the Northern District
resides.
8. Over the past nine years, (a) venire panels have con
sisted of approximately 50 persons, (b) at most 4 to 5 Negroes
have appeared on a venire at any one time representing thus 8
to 10% at the point of maximum representation, (c) the greatest
number of Negroes to appear on a petit jury has been two (2),
(d) most petit juries have been all-white and in the few instances
25
in which Negroes have appeared, there has only been one (1),
(e) on the average 4 to 5 women have appeared on a venire
at any one time representing thus 8 to 10% at the point of aver
age representation, (f) the greatest number of women observed on
a petit jury has been two (2).
9. The potentially eligible population of the Northern
District is 1,062,055. The approximate number of names on the
jury list is 6,000. It is a mathematical certainty that a
truly random sample of so much as 6,000 drawn from any general
population of approximately 1,000,000 will conform in its divi
sions and proportions to the gross divisions and proportions of
the general population. The proportions will vary by as much as
12 to 43% only when there is some discriminating operative
factor.
10. The venire panel convened this day, November 3, 1965,
to decide the above-styled cause is defective because (a) the
list from which it was drawn is not representative of the popula
tion of the Northern District of Alabama in violation of the
specific mandate of the Supreme Court in Thiel v. Southern
£§£ific__£oI_, 328 U.S. 217, (b) both women and Negroes have been
excluded from service on juries inadvertently by the Clerk of
the Court and the Jury Commissioner because of the laxity of the
procedures they have utilized and by many of the "key" men and
organizations purposely because of their race or sex.
WHEREFORE, in consideration of the aforementioned, plaintiff
respectfully moves this Court.
26
1. To accept his challenge to the present array, quash
the venire, and purge the outstanding jury list.
2. Order that a new list be immediately drawn without
discrimination as to race or color.
3. Instruct the Jury Commissioner and the Clerk in
detail as to the relevant law on jury practice.
4. Require that the Jury Commissioner and the Clerk
likewise carefully instruct their subordinates who deal with the
jury lists and their "key" men and organizations as to the
requirements laid down by this Court.
5. Require that the Jury Commissioner and the Clerk
request of the "key" men and organizations that they submit
separately and without relation to the names submitted, a numeri
cal breakdown of the number of Negroes and whites, men and women
recommended.
6. Require that the Jury Commissioner and the Clerk
certify to and file with the Court at the beginning of each
term, or such other period as the Court deems proper, an over
all computation made from the numerical breakdowns mentioned
in #5 supra.
7. Require that the jury list maintain an approximation
of the gross divisions of the Northern District as reflected
in the United States Census compiled therein.
8. Set this motion down for hearing and allow plaintiff
27
to offer evidence in support thereof.
s/ Oscar W. Adams, Jr.
Oscar W. Adams, Jr.
1630 Fourth Avenue, North
Birmingham, Alabama 35203
s/ Demetrius C. Newton
Demetrius C. Newton
408 North 17th Street
Birmingham, Alabama 35203
NORMAN C. A MAKER
JACK GREENBERG
10 Columbus Circle
New York, New York 10019
ATTORNEYS FOR PLAINTIFF
...ooOoo...
ANSWER TO MOTION TO CHALLENGE THE ARRAY AND
_____________ QUASH THE VENIRE _____________
(Number and title omitted) (Filed: November 9, 1965)
Now come the defendants and for answer to the motion
heretofore filed by the plaintiff say as follows:
1) In response to Paragraph One of plaintiff's motion
the defendants say that this motion was filed with the Court
on November 3, 1965, at approximately 9 a.m., this being the
same time the case was set for trial on the merits; that they
had no notice or knowledge of any kind that said motion was
likely to be filed until the afternoon of October 29, 1965,
when plaintiff took two depositions. From questions asked by
plaintiff's attorneys at that time the defendants surmised that
such a motion might be filed by plaintiff. For further answer,
the defendants admit that the suit was filed by plaintiff on
February 25, 1965 and that the plaintiff seeks damages for
28
certain injuries allegedly suffered by him. The defendants
admit that the plaintiff is a person of the Negro race and
that the defendants are both white persons.
2) The defendants admit that a trial of the merits on
this action was set for Wednesday, November 3, 1965. The
defendants are not informed as to the balance of the allegations
of Paragraph Two and can neither admit nor deny said allegations.
3) The defendants are not informed as to the allega
tions of Paragraphs Three through Nine, inclusively, and can
neither admit nor deny said allegations.
4) For answer to Paragraph Ten the defendants say that
they are not informed as to the procedures used by the Clerk
of this Court and the Jury Commissioner nor are the defendants
informed as to who the "key" men are or what system these men
use other than such information as was given by a jury com
missioner whose deposition was taken on October 29, 1965,
by the plaintiff, the name of the jury commissioner being Mr.
James H.Jones. The testimony given at that time by Mr. Jones
was to the effect that no person or persons were excluded in
compiling the jury list because of their race, creed, color or
sex. The testimony from Mr. Jones was to the effect that such
matters were not used as standards in compiling said jury list
by him, by the other jury commissioners, by the Clerk of this
Court or by any personnel in the employ of the Clerk of this
29
Court.
s/ Guy Sparks
Guy Sparks
409 Commercial National Bank Bldg.
Anniston, Alabama
Attorney for Defendants
...00O0 0...
ORDER OVERRULING PLAINTIFF'S MOTION
CHALLENGING THE ARRAY AND TO
QUASH THE VENIRE
(Number and title omitted) (Filed: November 9, 1965)
The plaintiff's motion to challenge the array and quash
the jury venire came on for hearing on this date, and the Court
having heard the evidence orally and having considered the
depositions on file in the cause and the affidavit of Fred
Wallace and having reviewed the applicable authorities is of the
opinion that the facts adduced by the movant do not show any
discrimination as to race or sex or otherwise in the selection
of the jurors for the jury box or any such discrimination in
the selection of the venire. The Court is of the opinion that
the motion is due to be overruled.
It is, therefore, ORDERED, ADJUDGED and DECREED that the
plaintiff's motion challenging the array and to quash the
venire be and the same is hereby overruled.
Done and Ordered, this the 9th day of November, 1965.
s/ H. H. Grooms
United States District Judge
..tfooOoo...
30
NOTE; PORTION OF RECORD OMITTED - FILED
____________IN ITS ORIGINAL FORM _______
••.00O0 0.••
VERDICT OF JURY
(Number and title omitted) (Filed; November 12,1965)
We, the jury, find for the defendants William L. Morrow
Lewis Tayor .
s/ John H. Gann
Foreman
...00O0 0...
J U D G M E N T
(Number and title omitted) (Filed; November 12, 1965)
This action came on for trial on November 5, 1965 before
the Court and a jury, Honorable H. H. Grooms, United States
District Judge, presiding, and the issues having been duly
tried and the jury having duly rendered its verdict, on
November 12, 1965
It is Ordered and Adjudged that upon verdict of the jury
finding for the defendants William L. Morrow and Lewis Taylor,
the plaintiff Arthur L. Jackson take nothing and that the
defendants William L. Morrow and Lewis Taylor go hence without
day with respect to this cause, and taxing costs against the
plaintiff.
William E. Davis, Clerk
By: s/ Dan Strong
Deputy Clerk
••.ooOoo•»•
31
NOTICE OF APPEAL
(Number and title omitted) (Filed: December 3, 1965)
Notice is hereby given that Arthur L. Jackson, the
plaintiff herein, hereby appeals to the United States Court
of Appeals for the Fifth Circuit from an order of said United
States District Court overruling plaintiff's motion challenging
the array and to quash the venire, said order dated November 9,
1965 and from the judgment on a jury verdict rendered on
November 12, 1965 and said judgment on this verdict also entered
on November 12, 1965.
Dated: December 2, 1965.
s/ Oscar W. Adams, Jr.
Oscar W. Adams, Jr.
1630 Fourth Avenue, North
Birmingham, Alabama
DEMETRIUS C. NEWTON
408 North 17th Street
Birmingham, Alabama
JACK GREENBERG
NORMAN C. A MAKER
STEVE RALSTON
10 Columbus Circle
New York, New York
...ooOoo...
NOTE: PORTION OF RECORD OMITTED -
FILED IN ITS ORIGINAL FORM
...ooOoo...
ORDER EXTENDING TIME TO FILE APPEAL
(Number and title omitted) (Filed: January 6 , 1966)
Upon motion of attorneys for plaintiff-appellant
pursuant to Rule 73(g), Federal Rules of Civil Procedure, and
32
for good cause shown, it is hereby
ORDERED that the time within which the record on appeal
in the above-entitled action must be filed with the United
States Court of Appeals for the Fifth Circuit at New Orleans,
Louisiana, and the time within which the appeal must be there
docketed, be, and the same hereby is, extended to and includ
ing the 3rd day of March, 1966.
This the 6th day of January,1966.
s/ H. H. Grooms
United States District Judge
...ooOoo...
PLAINTIFF*S EXHIBIT NO. 1 - BEING
______ AFFIDAVIT OF FRED WALLACE
COUNTY OF NEW YORK )
!
ss
a f f i d a v i t
Before me, Marjorie Doswell, a Notary Public in and for
the County of New York, State of New York, did appear the under
signed, who, having been sworn did upon his oath depose and say
the following:
I am a graduate of Amherst College and Harvard Law School.
In the course of my high school, college and law school studies.
I have had courses in Algebra, Geotnetry, Trigonometry, Calculus,
Statistics and Accounting. I am familiar with and competent in
the handling of the mathematic techniques necessary to understand,
interpret, and analyze ordinary statistical survey tables. I
33
personally prepared the accompanying Table of Population over
the age of twenty-one (21) years for the Northern Judicial
District of Alabama by Division, County, Race, and Sex. The
data used in the aforementioned Table was drawn wholly from
IJ, S. Census of Population: I960. General Population Character
istics. Alabama. Final Report PC (1)-2B. published by the
U, S. Bureau of the Census, and issued from the U. S. Government
Printing Office, Washington, D. C. All addition was done with
the use of an ordinary and standard business office adding
machine and per-centage computations were done by hand and
cross-checked. The accompanying table is accurate to the best
of my understanding and belief.
Signed Fred Wallace
Date ______
Sworn to and subscribed before me this ____ day of October,
1965o My commission expires .
Signed Marjorie Doswell
Da te
. * . O O Q O O c . a
M 0 ■ i ■ n iJJi fi-Lf*. I'JLJJLX
T abulation Qva r Th» Aflt of aUtelL JUvlUflft &K& l l *
LllLziiM titim m m . mts.
m m
Northwestern w albert 10,472 11,206
ft Frank lirs 5,964 6,426'
*<i Lauderdale 34,916 16,173
Total 31,372 33,109
N.-rtheastern .ui T: or. 12,495 13,353
« Jack* .-n 9,347 9,951
Lawrence 5,134 5,375
Limestone 7,876 6,297
Madison 27,412 27,104
c M ;rg*n 14,943 16,012
I jtal 77,207 SC,092
Jwutbaxn Blount 7,079 7,289
• Jaffarson 120,205 136,114
« -iha 1 by 7,234 7,537
Total 134,518 ' 150,940
TOTAL
1 M 1 M l i S M & m
m m o
21,608 2,044 2,531 4,575
12,412 til 364 845
si, o m i. ,679 2,047 3,726
65,199 4 ( QM 4 ,9 4 2 8,946
25,641. 191. 2f 6
19,298 875 600 1,175
10,509 1,083 1,388 2,473
1 £t § 2 7■& 6SG . 1,929 3,519
54,516- ■ 4 ,9 4 8 5 ,718 1C,666
30,959 1,887 2 ,272 4 ,159
1 5 7 ,299 10,224 12,601 22,335
14,368 187 Iti 978
256,319 51,961 64,199 116,160
1 4 ,m 1,386 1,991 2,899
285,458 53,536 65,891 119,427
WHITE
..Vj -.j . Wh iT£ MALL-j F 6 W U i
-ast*rr: Caih /an 21,366 23,333
- lay 3,10'? 3,3.63
Ciebort*.* 2,662 3,006
Talladega 12,125 13,510
i. ai 39,480 43,234
western Bibb 2 1 649 2,958
Or-^ne 775 674
:. ick -nts 3,330 3,606
ourn tar 1,462 1,579
Tuecal-3S« 23,497 2.1,579
O itL f 1 3 ■J' 3 2 , 7 %
T :-tai
.lad is ĥ'ir.kf:i» 4,235 4,302.
weKsIb n , 4 t e 12,390
c t owe h 23,006 25,555
* Marshall 13,066 13,929
iair-.i -laii 5,937 6,307
r..tai 57,736 62,463
NEGRO
TOTAL WHITES FEMALES i s m H m m
44,739 4,111 4*925 9,036
6,470 433 493 926
5,670 217 168 385
25,635 4,281 5,052 9,333
' 62,"14 y, 0421" 16,638 ....1^,6EC
5,807 916 1,074 1,990
1,649 2,247 2,754 5,001
7,336 1,946 2,427 4,373
3,061 3,059 3,755 6,614
47,076 6,769 7,543 15,332
64,929 14,957 18,533 33,510
"8,537 386 396 782
23,878 192 249 441
46,563 3,482 4,179 7,661
26,997 324 313 637
12,244 964 1,051 2,035
120,219 5,366 6,168 11,556
'••HITfc HALTS «*Wilt
TOTAL WHITES HKtSHLl M*tB£ MEOHU
667Jespt?r lsy«tte 3,936 4,341 8,277 624 1.291
* Lam#r 3,603 3,900 7,503 473 554 1,027
!4ari: n 6,024 6,632 12,656 223 180 403
i • a i k » r 13,579 14,569 28,148 1^7 C I£2C 2,890
*insx >n 4,153 4,406 8,559 23 24 47
I-vtai 31,295 33,846 65,143 2,613 3 ,045 5,658
GRAND TOTALS
! jlfu. .’:h-lE ‘4ALt; TOTAL ’• 7»» T- Fi.:j4f>LEv TOTAL WHITE* TOTAL NEGRO MALES TOTAL NEGRO FEMALES TOTAL NEGROES
4f.3,74l 437,202 840,943 99,854 121,256 221,112
JOTAL FOyULATION of . . QXSIHICI OVER WSOTYH2WE
1 ,062 ,055
FLROLNTAOES
fi. i>. SSrtLLi. 2■hilt FEMALE* NEGRO MALES NEGRO FEMALES s m m
2 C . S 2 X36. i * 41.17.4 7 9 .lei 9 .4 0 # 11.42*
'S7
UNTIED STATES DISTRICT COURT
OFFICE OF THE CLERK
NOKTHEKI! DISTRICT OF ALABAMA
P . 0 . box 235
BIRMINGHAM, ALABAMA
Your name appears on our list of prospective jurors for this Court.
This questionnaire will assist the Court in determining whether you meet the
legal requirements for service as a juror. The statutory qualifications and
exemptions governing jury service are set out on the bottom of this letter.
Serving as a juror is a duty of citizenship. Your cooperation in
answering the questions on the reverse side of this page will be a service
and convenience to the Court.
A self-addressed envelope which requires no postage is enclosed for
your use. Your prompt compliance with these instructions is essential to
the public interest and your cooperation is respectfully requested.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
QUALIFICATIONS OF JURORS
Any citizen of the United States who has attained the age of 21 years, and
who has resided for a period of 1 year within this judicial district, is
competent to serve as a grand or petit juror unless:
1. He has been convicted in a State or Federal Court of record of a
crime punishable by imprisonment for more than 1 year and his
civil rights have not been restored by pardon or amnesty.
2. He is unable to read, write, speak, and understand the English
language.
3. He is incapable, by reason of mental or physical infirmities to
render efficient jury service.
PERSONS EXEMPT FROM JURY DUTY
1. Members in active service in the armed forces of the United States.
2. Members of fire or police departments.
3. Public officers in the executive, legislative, or judicial branches
of the government of the United States or of the State of Alabama, or
any subdivision thereof, who are actively engaged in the performance
of official duties.
NOTE: THIS IS NOT A SUMMONS FOR JURY SERVICE
Very truly yours,
1/j
William E. Davis, Clerk
United States District Court
If your name is placed in the jury box and if you are
chosen for service, you will receive sufficient notice
by certified mail of the time and place to appear.
38
QUESTIONNAIRE AS TO QUALIFICATION FOR JURY SERVICE
Name in full....................... ...............................
Home address......................................................
County in which you reside....... ,.................. ............
Telephone.................Business................ Residence.....
How long have you resided there?........... In this State?.......
Married or single?.......................... Sex..................
Date of birth............................ .......................
Place of birth................................................ ...
Are you a citizen of the United States?..................... .
Can you read, write, speak, and understand the English language?
If naturalized, state when..................Where....
What education have you had?..........................
Are you employed at present?..,......... ...Occupation
Nature of business.... ................................
Employer's name..,........................ ............
Business address....... .............. ................
If you are married, give occupation of wife or husband..........•••........
If you are a married woman, give occupation before marriage...............
If you are retired, or not working, give last occupation...................
Have you ever been convicted of a crime?....................................
If so, state date, court and crime..........................................
Have you ever served as a juror?.........If so, in what Court?..........,..
..... .....................................and when ?.........................
Have you any disability impairing your capacity to serve as a juror, includ
ing impaired eyesight or hearing?..,.... If so, state its nature and extent
Do you know any reason why you cannot serve as a juror?
I certify that the foregoing statements
are true to the best of my knowledge
and belief.
DATE: Signature
Jury Commissioner
Clerk / v
United States Distu.c. Court
Northern District of Alabama
Gentlemen:
1 submit herewith names of citizens residing in this judicial district
whom I believe to be qualified for jury service.
Date ....................
Miss
Mrs.
Mr.
19..
-SHHHHHHHHHHK-•iKHHBKBBBBBBHB'r ■frSBBBBBBBBBBBBBBBBBfr
FUEL NAME COMPLETE ADDRESS
40
P R O C E E D I N G S
(Number and title omitted) (Filed: February 25, 1966)
(At 1P.M., on this date, November 5, 1965, the jury was
selected to try the above style cause, and at 1:20 P.M., the
jury was excused until 9 A.M., November 12, 1965; and on
November 9, 1965, at Birmingham, Alabama, the following proceed
ings were had.)
(4) NOVEMBER 9, 1965 (BIRMINGHAM, ALABAMA) 8:30 A.M.
COURT RECONVENED PURSUANT TO ADJOURNMENT
THE COURT:
We are here this morning on your motion to challenge
the area of jurors, and quashing the venire. I assume this
goes to the whole process, does it?
MR. ADAMS:
Yes, sir.
THE COURT:
In other words, the system we have is here involved?
MR. ADAMS:
Yes, sir.
THE COURT:
Are you ready on the motion?
MR. ADAMS:
Yes, sir, let's start calling the witnesses.
THE COURT:
All right, let's start.
MR. ADAMS:
Mr. Strong is one of our witnesses.
41
DAN STRONG,
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. NEWTON:
q State your name, please, sir.
A Dan Strong.
Q Mr. Strong, what is your occupation?
A Deputy Clerk, U. S. District Court.
Q Mr. Strong, in your position as Deputy Clerk of the
United States District Court, do you have occasion, from
(5) time to time, to assist with the preparation of jury lists?
A Yes, sir; I do.
Q How often -- first of all, Mr. Strong, how long have
you been Deputy Clerk.
A Since April 15, 1940.
Q Now, since 1940, Mr. Strong, how often during this period
of time would you re-fill the box.
A Approximately every four years, four to five years.
Q Now, sir, this district has a person called the jury com
missioner; is that correct?
A Yes, sir.
Q Who is that person?
A Presently it is Mr. Jones of Centre, Alabama, I believe
it is.
Q Now, sir, at such time as the jury box is being refilled,
is Mr. Jones physically present here?
A Yes; he is on occasion.
42
Q Now, just what does the jury commissioner, along with
the clerk, do, sir, when you anticipate getting the box filled?
When you anticipate the fact that the box is going to
have to be re-filled, do you start any mode of operations
at that point?
(6) A Yes. It usually starts with a conference, I guess you
might call it, a policy conference that the box does need re
filling, and you have discussions regarding the method as to
how.
Q Now, who is, if you know, who has the primary responsibility
in this district for re-filling the box?
A Well, I think it is a dual responsibility of the clerk and
the jury commissioner.
Q That responsibility, then, would be Mr. Jones' respon
sibility, and Mr. Davis' responsibility?
A That's right.
Q Of course, Mr. Davis has other office employees in the
clerk's office to assist with that.
A That's right. Actually, he furnishes the working personnel,
Q During the course of re-filling the box, in your judgement,
sir, how many people would be working on that at one time?
A Well, it is a rather large task, and everyone in our
office, that is fourteen people, do something at some time.
As they are able to work on it, whether it is addressing envelopes
or sending out questionnaires, and that type of thing.
43
(7) Q When you get ready to fill the box, after your conference
and we know we are going to have to have the box re-filled, what
is the first thing that the clerk's office,in conjunction with
the jury commissioner, will do at that time?
A Well, they obtain lists or directories, or we may have
them on hand, and they solicit these people to submit names as
prospective jurors.
Q Now, is there any certain method, sir,in going about
ifinding the people for whom you solicit?
A Well, the idea is to find people who are likely to know
a large number of people, and that begins with public
officials, and people in clubs, labor organizations, and
other institutions.
Q Now, public officers, what public officers, specifically,
do you ask to furnish you names?
A Well, we call them board of revenue in some counties,
the board of commissioners is one, and the probate judges,
county agents. Those are the main ones that come to my mind
at the moment.
Q To your knowledge, in the thirty-one counties s-erved
by this district, are any county agents, any probate judges,
any board of revenue heads Negroes?
(8) A As county agents, I think there is, but otherwise,
I don't know of any Negro.
44
Q Do you know, of your own knowledge, if you send a copy
to any Negro county agent?
A Yes; I am sure that we do.
THE COURT:
What about the principals of schools, do they go to
those?
A Yes, Your Honor, they do. They go to principals, and
the Board of Education, and the American Legion, and
Veterans of Foreign Wars.
Q Now, in Birmingham, for instance, you would send them
to principals of schools as opposed to the Superintendent
of Education?
A I believe I am right in that. I would really have to
check here to see.
Q I might ask off the record, the reason I am asking
for this question, you are in direct conflict with Mr.
Jones, who says you don't send them to principals.
A I was speaking from my recollection. I thought that
we did send them to principals of some type of schools.
MR. SPARKS:
I believe he said that they did, that is my recollec
tion.
A Here is what I had in mind, and it is the teachers
(9) and the special supervisors.
Q Those people normally work out of boards of education
offices in whatever area they work?
A I think they do.
45
q You say you send them to American Legion posts and
Veterans of Foreign Wars posts also?
A Yes.
q Now then, any other special groups that you can think
of that you send them to?
A There is the Department of Agriculture , which is the
A S C offices, which is different from the county agents,
as I understand it, the home demonstration offices; judges
of probate, county superintendents of education, V.F W, city
superintendents of education, chairman of county boards
of revenue, the county agents, that is farm agents.
Q Now, one question, Mr. Strong, when you get these lists
back, particularly from these public officials, do you
attempt to make any determination as to who is on this
list, or do you accept the list and send out personal question
naires?
A Well,it would be the latter case. We just take the names
that they suggest and mail a personal questionnaire to that
person on the list.
(10) Q In other words, if one of the key men, one of the
superintendents of education for the Jefferson County
schools, you would not add to his list no matter what persons
be sent, would you?
A No.
Q And you would only send, at ldast from that area,
you would only send letters to those persons he suggests?
46
A That is true,
Q In other words, the commission, along with the clerk,
the jury commission, along with the clerk does not go out on
its own to get other names, other than those submitted by
these letters to various groups, organizations and so forth?
A I believe that's right. Now, it may be that Mr. Jones
might have suggested names to send questionnaires to, but
if he did, I don't know exactly who they were.
Q Now, Mr, Strong, would you occasionally, from time to
time, suggest names?
A I rarely do. Occasionally we have someone come in
the office and ask that their name be placed on the jury
rolls, and I either do it or direct someone to mail that
person a questionnaire.
Q As a matter of fact, any of you fourteen people you
(1 1 ) refer to in the clerk's office, along with the jury
commissioner, might, from time to time, suggest names.
A Probably so, but it would be a very small percent. It
is just an occasional thing.
Q Is there a Negro employee working in the clerk's
office of the northern district?
A No; there is not.
Q Now, these lists contain residents who live in this
county, don't they, sir?
A Yes, sir.
47
q And the majority of the members of the clerk's office
live in this county, do they not?
A I think all of us do.
q Then the only person whose responsibility it is to
fill the jury rolls, who lives outside of Jefferson County,
is the commissioner himself; is that correct?
A That is true.
q So, the information you derive, you derived it from
official records such as state department records as it re
lates to who is the superintendent.
A Yes. I suppose ninety-nine percent of it is through
the mails.
Q And you would write the superintendent of a certain
(12) county, or certain city, and so forth.
A Yes.
Q And all of the person to whom -- except for the small
number suggested by the working personnel, all of the
persons whose names later turn up on the jury roll, would
be a direct result of those persons answering those
questionnaires.
A Yes.
I might say this, of course, we have the names of
people who previously have served, and you might call it
a stockpile, that we just add to that, but they have all
been circularised at one time or another by this questionnaire.
Q Do you know, sir, if there has been any — how long
48
you keep the list,is it indefinite, of persons who have pre
viously served on venires?
A Yes. We keep them until we learn that they have died,
or moved out of the district, or have become disabled, or
over age.
Q Now, in these letters, Mr. Strong, that are sent to
superintendents or other persons, can you tell us generally
what those letters say?
A Yes. I may have a copy of one here. The letter just
(13) asks for a list of people that would, in their opinion,
make suitable jurors, and then a sheet is sent along with
it stating the criteria.
Q Do you have one of those letters?
A Yes.
Q Is it long?
A No, it is not long.
Q I wish you would read it, sir.
THE COURT:
I have read that letter. I don't think that it is
necessary that it be read.
Q Now, in response to those letters, would you say you
got a great number or small number of women?
A Of women?
THE COURT:
As a matter of fact, the women jurors have just been
put in this box since the amendment to the Civil Rights Act.
49
When was that, '61, or '57?
A I don't know, Judge.
THE COURT:
It has only been filled once since the women have gone
on the jury; is that correct?
MR. SPARKS:
It is quite recently. I don't know the exact date.
A I believe so. We may have filled it twice since then,
but in answer to your question, I can't really tell you how
(14) many women were suggested as compared to men. I just
don't know.
Q From time to time, Mr. Strong, you have had occasion
to see venires formed, have you not?
A Yes.
Q In an average venire, in your best judgement, how many
women would appear?
MR. SPARKS:
Your Honor, I object to that question on the grounds he
ought to specify the dates we are talking about.
MR. n e w t o n:
Since women have been serving in this district.
MR. SPARKS:
I withdraw the objection.
A Of course, it is variable. I would say it would run
anywhere from one to six.
50
Q Have you ever seen more than six women on a venire, in
your judgement?
A I don't believe so.
Q Also, sir, have you ever seen as many as six Negroes on
a venire?
A I think probably I have, maybe on one or two occasions,
but usually it would run three, four, and five, along in that
area.
(15) Q Sometimes less?
A Sometimes I am sure it might not be but two, or one.
Q Have you seen a number of venires since you have been
working in this court where there were no Negroes on it?
A I can't think of any. There may possibly have been, this
is in recent times. When I first came back here during the
forties,and the war years, I don't believe we then -- I don't
know how many were drawn, but just as a practical thing, we
would have one every once in a while.
Q Say in the last two years,have you seen a venire that had
more than six Negroes on it?
A I don't believe so.
Q Have you seen a venire in the last two years that had
more than four women on it.
A I am under the impression at one time we had five or six
women in one term here in Birmingham a couple of years ago,
Q And the last two years, have you seen a venire with a
single Negro woman on it?
A Yes.
In your best judgement, when was that, sir?
51
̂ We have them from time to time, I would say -- I can't
remember if it was last fall, or the spring of last (16) year
in Birmingham where I think there were two Negro women on
the panel.
q On that same panel that you referred to that there
were, in your judgement, there were Negro women, how
many white women were on that panel, were there any white
women?
A I don't recall. It seems to me that there was, but
I couldn't be certain.
Q In your judgement, if you can recall, on that same
venire where there were two Negro women, were there any
Negro men?
A I am not sure, but I feel that there was.
Q You don't know?
A I am just not positive,
THE COURT:
Of course, you have no way of knowing how many have
been excused?
A No, Your Honor, I haven't.
THE COURT:
As a matter of fact, from your experience, there is
about one-third of the jurors that are actually summonsed,
or more than one-third, who do not actually appear in court
to serve; is that correct?
52
A That is correct. The court excuses them prior to their
service, and you don't know who they are. There is (17) no
way to tell. Of course, you can tell who the women are.
THE COURT:
You can't tell the colored?
A No, you can't tell the colored.
MR. NEWTON:
I believe that is all.
THE COURT:
Do you keep any records in the clerk's office showing
the color of individuals?
A No, sir; we don't.
THE COURT:
On the panel we have in Anniston this week, how
many women do we have there?
A There were two women.
THE COURT:
How many Negroes?
A There were three Negro men.
THE COURT:
Out of a total of how many jurors?
A Forty jurors were organized on the first day of court.
THE COURT:
We had two white women, I believe.
A Yes.
THE COURT:
Did they serve on juries?
53
A Yes, sir; they did.
THE COURT: iC
And one of the Negro men served on a jury; is that
right?
A Yes. He was on the jury that was excused last night.
THE COURT:
The one that the mistrial was granted in?
A Yes, sir.
(18) THE COURT:
Do you recall any time during the past several years
any venire that has been summonsed in any division that
didn't have some Negroes on it?
A Your Honor, I can't recall any specifically. There
may possibly have been one.
THE COURT:
In the course of years have they actually served on
the trial of cases?
A Yes.
THE COURT:
To refresh your recollection,do you recall there was
one case in which there was at least three Negroes in the
trial?
A I believe there was. It is not unusual for them to
serve. It depends on the type of case, and the occupations
of the various jurors. Lawyers strike as they see fit.
54
THE COURT:
Of course, you can't control the strike. You only
sit in one division of the court.
A That is true, Your Honor, because I am with you
practically all the time.
THE COURT:
Judge Lynne has a division of the court, and Judge
Allgood?
A Yes.
THE COURT:
There is an affidavit in here, Mr. Newton, I don't
know whether you want to offer this or not, with (19) respect
to the population.
Have you already offered this?
THE w i t n e s s :
I understood Mr. Hall offered it together with the two
depositions.
MR. NEWTON:
Yes, sir.
THE COURT:
We will have those marked.
Mr. Sparks, you want to ask Mr. Strong some questions?
MR. SPARKS:
Yes
55
CROSS EXAMINATION
BY MR. SPARKS:
Q Mr. Strong, directing your attention to the venire
involved this week in trials at Anniston, do you recall
how many men and women that the attorneys were presented
with to strike from in this particular case?
A In this case?
Q Yes, sir, the total number.
THE COURT:
For the purpose of the record, I might state we
have impanelled a jury to try this case subject to the
motion.
MR. SPARKS:
Yes, sir. I was going to go into that question.
A Judge, if I may see the file, my strike list may be
in it.
(20) Q To refresh your recollection, weren’t there eighteen
A Yes; there were eighteen.
Q Among those eighteen people, Mr. Adams,Mr. Newton
and istruck from how many Negroes in that group?
A Two, I believe.
Q How many women were in that group?
A I don't recall.
Q To refresh your recollection, wasn't there one?
56
A There may have been.
THE COURT:
There was one left on the panel, I believe.
Q Is there one presently serving on that jury? You
will recall, to refresh your recollection, we struck the
jury persuant to agreement between counsel and the court.
A We struck two right there together. In the railroad
case, I know that the lady served on that jury. Now,the
remaining, the remaining lady juror, I can't recall whether
she is on there or not.
MR.NEWTON:
We can stipulate there is one on there.
Q There was a case being tried yesterday in Anniston?
A Yes, sir.
Q Were there any Negroes actually serving on the jury?
A There was one.
Q How many cases have been tried this week in Anniston?
(21) A Four.
Q Have there been Negroes on every one of the juries
that cases were tried?
A No, sir, I believe they were struck. They were called
on some and struck. I believe the one that we have on the
Southern Railroad case is the only one.
Q Have there been women on those juries?
A Yes. In one case both of them were on and excused.
57
q Two women served on one case?
A Yes.
THE COURT:
The fire insurance case.
Q On every other case have there been women on the jury?
A The first one there may have been two, but the rest
there have been one.
Q Let me ask you this: You said in the procedure that
was utilized in re-filling the box that you began with a
policy conference, as I understand.
A Yes.
Q In those policy conferences, have you ever attended one,
actually attended it?
A Well, portions of it.
Q So far as you are aware, have there ever been any
standards adopted by Mr. Davis and Mr. Jones that would
(22) exclude any person because of his race, creed, color or
sex?
A No, there has not been.
Q So far as you are aware, are there any standards that
are used in filling the jury box that have used potential
jurors as groups rather than as individuals?
A I don't know that I understand your question.
Q Let me rephrase it. In seeking to fill the box, are
the policies and procedures utilized directed at the competence,
58
or lack of it, of the individuals, or are the standards
utilized directed at the competence or lack of it as groups?
A I am still afraid I don't understand exactly.
Q Does the jury commissioner seek to fill the box based
on competence of indivudals, I will phrase it.
A Yes. We solicit competent people, people that have
the qualifications.
Q Is the question of competence or not directed at the
particular individuals?
A Oh, yes. The idea is to submit only people that would
be good jurors.
Q Are there any standards utilized that would exclude
any racial group of people, as such, in this district?
(23) A No, sir.
Q Are there any standards utilized that would exclude any
particular sex, male or female, in this district?
A No.
Q Are there any standards used that would exclude any
religious group of people in this district?
A No, sir.
MR. SPARKS;
I believe that is all.
REDIRECT EXAMINATION
BY MR. NEWT ON *
Q One or two more questions.
59
The question of standards used that would exclude someone,
let's take for example, sir, that you sent to a given
county covered in this district, and that particular county,
1 assume, you sent a letter to the Superintendent of Education?
A Yes.
Q The probate judge?
A Yes.
Q The Veterans of Foreign Wars?
A Yes.
Q You could not be certain any one of those three persons
would submit to you Negro names? You would take (24) the
name they submitted, whoever they were, and follow it up?
A That is true.
Q Many of our counties covered by this district would
have neither an American Legion nor a Negro Veterans of
Foreign Wars in them; is that correct?
A I am not sure about that. I imagine that may be true.
Q And, of course, we have no Negro probate judge, no
Negro chairman of the board of revenue?
A No.
Q No Negro superintendent of education in the whole
state of Alabama?
A Not in our district, I know.
Q In a federal court, how many strikes does each side
have?
A In a civil case, three strikes.
60
Q And how many Negroes you say were in the venire last
week in Anniston?
A There were three.
MR. NEWTON:
I believe that is all.
RECROSS-EXAMINATION
BY MR. SPARKS:
Q When you submit these requests for names, can you
(25) be certain they are not submitting Negroes?
A No.
Q Can you be certain they are submitting white only?
A No.
Q Can you be certain they are not submitting Chinese?
A No.
Q Can you be certain they are not submitting Indians,
or that they will submit Indians?
A We have no way of controlling who they submit. We take
them as they come.
Q You have no way of knowing races they will submit or will
not submit.?.. they .. o.ac.
A That is true. Of course, we assume --
Q I believe I understood you to say that you included
in your key people labor organizations?
A Yes.
Q There are, to your knowledge, Negro members of labor
organizations in this district, are there not?
61
A I understand that there is.
Q I understand you to say you submit names to high
school principals and grammar school principals; is that
correct?
A I am not sure they are actually high school and
(26) grammar school principals.
Q They are principals?
A They are school officials or teachers connected with
education.
Q Are there numerous Negroes connected with education
in Alabama?
A Quite a few.
Q In this particular district of Alabama, are there
any Negro school officials, including principals and
teachers?
A Yes.
Q Are any of these excluded because they are Negro?
A No, we have no -- we don't exclude anyone on that
basis.
Q Are there any included because they are Negro?
A No.
Q Are any of your key men selected because they are
white?
A No.
62
Q Are any of your key men selected because they are
not white?
A No.
Q Are any of your key people selected because they
(27) are male?
A No.
Q Are any of them excluded because they are not males?
A No.
MR. SPARKS:
That is all.
REDIRECT EXAMINATION
BY MR. NEWT ON:
Q Can you think of a single — offhand, can you think
of a single female who is one of your key people?
A I can't think of them offhand, but on this list of
special supervisors, some of them are women.
Q Now, Mr. Sparks talked about the great number of
Negroes in education in Alabama, and your reply to that was
there were. Are there great numbers of Negroes in super
visory positions with boards of education in Alabama?
A I don't know that I really know. I don't the set-up of
the schools.
Q Supervisors, assistant superintendents of education,
superintendents of education, directors of divisions of
education?
A I really don't have any knowledge except the people
63
that I have heard testify in cases that we have had up
here, and I think most of them have been principals,
(28) I believe, principals of schools.
q And you primarily — the list that you send out to
educators are not primarily sent to principals? If you
sent them to principals in Jefferson County, you would
send out many,many letters to principals, if you sent
them to all the principals in this county, wouldn't you?
As a matter of fact, primarily you send them to boards
of education and other key people who work out of the
board; is that correct?
A That is correct. Most of the educators go through
the top.
MR. NEWTON:
I believe that is all.
RECROSS-EXAMINATION
BY MR. SPARKS:
Q There are Indians in the northern district of Alabama,
are there not?
A I don't know.
Q Do you know whether or not there are any Chinese?
A Yes. There are people of Chinese extraction.
Q Do you know whether or not there are any Italians?
A Yes.
Q Irish?
64
A I can take personal knowledge of one Irishman.
(29) THE COURT J
There are all kinds of people in the district.
MR. n e w t o n :
In this motion we are not interested in whether they
are Irish, or Scotch.
Q As a matter of fact, in the northern district, there
are any number of different racial and economic groups?
A Yes.
Q Innumberable, would you say?
A Yes, I think that is true everywhere.
MR. SPARKS:
Thank you.
REDIRECT EXAMINATION
BY MR.NEWTON:
Q Even though there are any number of racial and economic
groups, when you divide them into terms of white and black,
when you get through with that there are very few; is that
correct?
A As general classifications, that is true.
Q They are small, aren't they, when you get through with
your white and black division?
A You get down when you are talking about a white
Italian, or white Irishman.
Q Do you know of any other kind?
A No, you are correct, in the general division.
(30) MR. NEWTON:
That is all.
65
the COURT:
Of course, we have no system of registrars, or jury
commissioners like they have in state court.
A No, Your Honor. As the Court knows, we rely on
using the mail only. That is the only funds or feasible
means we have of soliciting.
THE COURT:
I believe the jury commissioner is paid $10.00 a day,
and he is the only one, other than the clerk, that is
authorized by law to make a selection of jurors; is that
true?
A Yes.
THE COURT:
All right, come down, Mr. Strong.
(Witness excused)
MR. NEWTON:
Mr. Harris.
PAUL EDWARD HARRIS
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. NEWTON:
Q State your name, please, sir.
A Paul Edward Harris.
66
Q Where do you live?
A 845 Center Way,Southwest, Birmingham, Alabama.
(31) Q What is your occupation, Mr. Harris?
A I am comptroller of the Protective Industrial Insurance
C ompa ny.
Q Mr. Harris, what is your educationsl background?
A I have a B.S. degree from Miles College, and B. A.
degree from Indiana University, and further study in technology
at City University in Omaha.
Q Mr. Harris, in your studies, have you had a great deal
of mathematics in your studies?
A I have had some mathematics. I don't know if it
is a great deal,
Q Have you studied statistics?
A Yes,sir;I have.
Q I believe you have a major in the field of Economics?
A Economics and Business Administration.
Q Are you the same Paul Harris that at one time was
business manager of Miles College here in Birmingham?
A I am.
Q So you are not unaccustomed to dealing with figures
and numbers; is that correct?
A That is correct.
Q In mathematics, Mr. Harris, there is a thing called
random sampling. Are you familiar with that terminology?
67
(32) A Yes, sir; I am.
q Let's assume in random sampling you had six thousand
persons, and of those six thousand persons, fifty percent
of them were women, twenty percent of them were Negroes, and
before I proceed, I understand that random sampling has
to do with numbers of one hundred and over, generally; is
that correct?
A Well, not necessarily correct. You could get a random
sampling from any population, regardless of size.
Q Now, back to my definition of six thousand persons,
fifty percent of them women, twenty percent of them Negroes,
if you would pull some out of a barrel with all of their
names on it, by sex, and color, or even if it were not
related to random sampling, each time you reached in the
barrel, so to speak, and got one hundred, is it true mathe
matically, usually, they should almost come out almost always
in equal proportion, in other words, fifty percent of them would
be women, and twenty percent Negroes?
A If it were a true random sampling, the percentage dis
tribution would approach the percentage distribution in the
universe of the population. It would not necessarily be fifty
percent, but if the sample were drawn large enough, it would
approach fifty percent. And the same (33) thing would be the
case in the twenty percent. Whatever the distribution in the
population, if the sample is truly random and properly drawn,
it will approach that percentage, yes, sir.
68
Q In other words, it might be forty-eight sometimes?
A Yes.
Q And it might be fifty-two sometimes?
A Yes.
Q But it would hardly be twenty?
A The probability of it being twenty when the true
distribution in the population is greater or smaller.
Q When this does not happen in random sampling, what is
suggested, if anything?
MR. SPARKS:
We object to that question, as to when this does not
happen what is suggested, if anything.
THE COURT:
I will overrule the objection. He is testifying
as an expert. We will see what he comes up with.
Q When this does not happen, when you don't nearly approach
in any manner these figures, what is suggested, if anything,
to you?
A Well, of course, the first thing you would possibly
test for is a certain bias in the sampling. That would
be the first thing.
(34) Q In other words, would your attention -- would or
would not your attention be called to the fact that there
might not be the proportions as suggested in the area from
which you sampled?
A That is possible.
MR. NEWTON:
69
I believe that is all. Answer his questions, sir.
MR. SPARKS:
I don't have any questions.
THE COURT:
All right. You may be excused.
(Witness excused)
MR. NEWTON:
Your Honor, we issued a civil subpoena duces tecum
to Mr. Davis.
THE COURT:
He is sitting right over there.
WILIIAM E. DAVIS,
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. NEWTON:
Q State your name, please, sir.
A William E. Davis.
Q Mr. Davis, you are clerk of the United States District
Court for this district; is that right?
A Yes.
Q And how long have you been serving in that capacity?
(35) A Since August 1, 1953.
Q I believe that the jury commissioner is required to
be of a different party from the clerk of the district
court; is that true?
70
A That is correct.
Q You, sir, are a Democrat?
A Correct.
Q And Mr. Jones Republican?
A Yes.
Q Now, Mr. Davis, during the period of time that you
have been clerk of this district, if you have any judgement,
sir, how many times has the jury box been re-filled?
A It was filled last in December, 1963, and prior to
that, four years before, I believe in 1959, and I believe
once before that.
Q Roughly three times during your tenure as clerk of
this district.
A Yes, sir.
Q This is quite a big job in re-filling the jury box,
is it now, Mr. Davis?
A Yes, sir.
Q And it takes a considerable length of time to do it;
(36) is that correct?
A Yes.
Q When you are in the process, of course, I know your
office has many other things to do more than filling the
jury box, and when you are in the process of filling the
jury box, how many persons do you have detailed to work
with this sort of thing?
71
A The ones who may be available at the time.
q In other words, just any person in your whole staff
who may be not tied up doing something else.
A There are considerable matters of just plain routine,
opening letters and so forth.
Q Mr. Davis, tell us how you go about filling the jury
box when time comes to fill it, sir.
A All right. Key persons from organizations are re
quested to recommend names of prospective jurors. These
persons would be American Legion,V F W, luncheon clubs,
civic and veteran organizations, labor organizations,
Masonic lodges and public officials are requested to re
commend names of prospective jurors. Including would be
bankers, judges of probate, county superintendents of
education, city superintendents of education, presidents
of county boards of education, presidents of city boards
(37) of education, special supervisors, county boards of
revenue, county agents, home demonstration agents, A S C S
officials.
THE COURT:
What is A S C S?
A That is Agriculture Soil Conservation Service.
MR. SPARKS:
That is a Federal agency.
72
Q Now ■—
A You want me --
Q I want to ask you a question right in there while I
am thinking about it.
Do you send, from your list you read, do you send
letters to principals, generally?
THE COURT I
Principals of schools?
Q Yes. I know you mentioned boards of education, and
teachers and so forth, you don't send them to individual
principals, do you?
A I know this, we have had responses from principals.
Q Of course, you don't know whether a superintendent
called the principal in and said get me some names, and
the principal responded, do you?
A You are getting into detail that would be hard to
remember.
Q From your list you are reading from, do you see
(38) anything on there you send to principals?
A I can elaborate a little bit more.
THE COURT:
Yes, go ahead with your answer.
A Breaking this down with respect to American Legion,
we look for the counterpart of the Negro American Legion,
and also with the V F W, it went out to those.
Q Now, you said that you sent them to Negro American
Legions. Do you show one there?
73
A Yes. That would be of the ones that were listed.
the COURT:
Do you have a list?
A I don't have that list with me, but this list is
something that is published which every Legioner would know.
THE COURT:
Have you got a record of the number of letters you
sent and received?
A Yes, sir.
THE COURT:
Read that.
A The bankers, these are the ones we had recommendations
from, there were one hundred sixty-seven letters sent, of
which there were seventy-seven replies received.
A Any of your bankers, I have to ask this because I
think it is important to my record, are any of those
bankers Negroes?
(39) A I couldn't tell you.
Q You have no knowledge whether any of them are?
A Just like a lot of others, I wouldn't have any
knowledge, necessarily.
Q Do you know any Negro banker?
A I have no personal acquaintance.
Q All right, sir.
74
A American Legion, ninety-nine letters sent, twenty-
eight replies received. American Legion, Negro, twenty
letters sent, four replies received.
Q Then you do keep a list of Negro American Legions
as opposed to white American Legions?
A This is what was provided by the directory of legion
organiza tions.
THE COURT:
You use the directory in getting those out?
A Yes.
Q And you said how many were sent?
A To all the posts.
Q How many letters to Negroes?
A Twenty posts.
Q And you got?
A Four replies.
Q Now, can you tell me, I don't know if you know or not,
(40) of those twenty posts, are they in different counties,
are many of them in Jefferson County?
A They would be scattered around.
Q Then there would be some counties where there would
be none; is that correct?
A There might be.
THE COURT:
Go ahead.
75
A V F W posts, fifty-seven letters were sent, nineteen
replies, and the V F W Negro counterpart, six letters sent,
one reply.
The judges of probate, thirty-one—
q One question. In compiling that from your V F W
headquarters, they informed you there were only six Negro
V F W units in your district?
A I would think that would be correct.
Q All right, sir.
A Judges of probate, thirty-one letters sent, fifteen
replies received.
County superintendents of education --
Q Again that same question, do you know of any Negro
probate judges in the state of Alabama?
A No; I don't personally know of any.
Q All right.
(41) A County superintendents of education, thirty-one
sent, seventeen replies received.
City superintendents of education,twenty-eight
letters sent, fourteen replies.
Presidents county boards of education, thirty-one
letters sent, ten replies.
Presidents of city boards of education, twenty-eight
letters sent, nine replies.
Geens teachers and special -■»
76
THE COURT:
Geens teachers, what is that?
A That is the Negro counterpart of the education system.
Fourteen letters sent, eight replies.
Chairman of county boards of revenue, seventeen letters
sent, ten replies.
County agents, thirty-one letters sent, twenty-three
replies.
Q Of those county agents, do you have any Negro counter
parts?
A Yes. I am getting to that.
Q All right, sir.
A Home demonstration agents, thirty-one letters sent,
thirteen replies sent.
County agents and home demonstration agents, this is
(42) the counterpart, twenty-two letters sent, nine replies
received.
A S C S, thirty-one letters sent, twenty-seven replies
received.
Luncheon clubs, civic and veteran organizations,
four hundred fourteen letters sent, one hundred fourty-five
replies.
Q Luncheon clubs and so forth, how do you arrive at
what luncheon clubs to send them to?
77
A As I recall, there is a list that we get from the
Chambers of Commerce.
q Chambers of Commerce in the various cities?
A I believe so.
q Would it be your judgement that in most of our
counties, at least until perhaps this year, that no Negroes
were members of Chambers of Commerce, generally, in
thirty-one counties?
A I have no personal knowledge of that.
Q Do you have any knowledge whether any Negroes are
members of the Chamber of Commerce in Birmingham?
A I wouldn't know.
Q And those lists of clubs, you say you got from the
Chamber of Commerce?
(43) A Yes.
Q All right, sir.
A Labor organizations --
THE COURT:
You didn't give the luncheon groups.
A Four hundred fourteen letters sent, one hundred forty-
five replies received.
THE COURT:
Those are groups like civic clubs?
A Y e s .
THE COURT:
Like Rotary, Kiwanis, Optomist, Lions, Civitan?
78
A And business and professional clubs, and labor
organizations. Masonic lodges, two hundred thirty-five
letters sent, one hundred eleven received.
THE COURT:
Do you have any breakdown which was colored Masonic
lodges?
A No.
Q On your labor organizations, Mr. Davis, do you have
any judgement, or can you remember, were they sent to various
locaIs?
A They were given persons in the labor organizations
spread out all over the district, and whether they were
white or colored, I don't know. Some of them, I am sure,
must have been colored.
(44) THE COURT:
Those letters blanket the whole thirty-one counties?
A Yes, sir, wherever labor organization members were.
Q Where did you get those key persons?
A From labor officials.
Q Can you think of some labor officials?
A From the C I O , American Federation of A F of L, and
those people.
Q Who have offices, for the most part, in the Birmingham
area?
A And they have connections over the state.
79
q And in your best judgement, are most of those people
white or colored?
A I have no way of knowing whether they are white or
c o l o r e d , but I am sure some of them were, because it
a p p e a r e d to be a good cross-section.
q Do you know a Negro labor leader who has an office,
say, in Birmingham, where you live?
A I don't personally know one. But the person from
whom I got this would, I am sure, work closely with the
person you may have in mind.
THE COURT:
You send to every one of these people the letter that
has been exhibited here asking for the (45) names of com
petent people?
A Right, without regard to race, sex, economic condition,
religion, politics, or anything.
THE COURT:
After the Civil Rights Act was amended, did the
letter advise these people women were eligible for jury duty?
A We sent out with the letter the statement of qualifi
cations of the jurors, and recommendations were to be made
to the clerk based upon those statutory qualifications, plus
the individual's estimate that that person, he or she is
recommending, would be such a person meeting these statutory
qualifications, plus being a prospective juror that he or she
80
would want to have on the jury to pass on his rights to his
life or to his property.
THE COURT:
After you received those, this questionnaire goes out
A Yes, sir.
THE COURT:
To each one of the individuals?
A Yes, sir.
THE COURT:
And in there you state the qualifications?
A Yes, sir. Again we have another screening, and the
questionnaire that goes out recites again the basic
(46) qualifications, and also the questions in the question
naire bring out what you need to know, how long you have
lived here, how old you are and so forth.
You may have had that introduced into evidence.
THE COURT:
The questionnaire has not come in yet. It may be in
one of the depositions.
Q Mr. Davis, I notice both--
A Wait just a minute. Let me answer this right here.
THE COURT:
Let him get the questionnaire. I am not sure I have
seen it myself recently. On the back is the questionnaire,
isn't it?
81
A On the front is a letter, and right under it are the
qualifications of jurors, according to the statute and on
the back is the information we seek to obtain.
THE COURT:
Is there anything on there inquiring as to their color?
A No, sir.
THE COURT:
Is there anything on there inquiring as to the sex,
whether male or female?
A Yes, sir, sex is on here, married, single, and sez.
MR. NEWTON:
We would like to offer this.
(Plaintiff's Exhibit 2 received into evidence)
Q Mr. Davis, I notice you do say in your letter which
(47) you have referred to from the stand, you ask these key
persons to suggest names to you that they would like to
have serving on the jury if they were being tried, or words
to that effect. In your opinion, would the greater number
of these key persons to whom you send letters be white?
A I didn't get the last part.
Q In your opinion, would the greater number of these
persons to whom -- these key persons to whom you send
letters by white?
A They probably would be.
Q Would you say that more than eighty percent of them
would be white?
82
A I couldn't give you any figures on it because we didn't
know the color of a lot of these people we were writing to.
Q Did you bring with you, sir, any response letters from
any of your key persons?
A Oh, all we have is the list of the suggestors, we
do not have any responses.
Q Do you have that list?
THE COURT:
A sample response.
A I don't know whether I understood your question
(48) correctly. I do have the names of persons we wrote
letters to. These are the key persons.
Q This is what our subpoena asked for?
A That is it.
Q And that is this document here?
A These, the whole file here.
MR. NEWTONS
Of course, we have had no opportunity to study it.
For the sake of the record, I would like to offer those
for whatever they will show, particularly the key person.
THE COURT:
Is this the last jury box?
A Yes. This was our last jury box. This is a list of
persons we wrote to receive recommendations.
THE COURT:
He asked you do you have a sample of a letter you re
ceived back suggesting names.
83
mr, newton;
Yes, sir.
A Well, with this letter, we did.
mr. newton:
Judge, without burdening the record, or taking up
the time for whatever Your Honor might think it is worth
in studying, I would like to submit it.
THE COURT;
All right. Anything relevant to the issues will be
admitted in evidence.
(Plaintiff's Exhibit 3 received into evidence)
(49) A This is the form that we get names back on.
THE COURT:
Let's have that marked. That will be Exhibit 4,
(Plaintiff's Exhibit 4 received into Evidence)
MR. NEWTON:
I have no further questions of Mr. Davis.
CROSS-EXAMINATION
BY MR. SPARKS:
Q Mr. Davis, in your capacity as clerk of the court,
you are also a jury commissioner, in effect.
A In a practical sense. It is not so described. It is
the jury commissioner and the clerk, and they fill the box.
Q You and Mr. Jones, acting together, set the policy,
as I understand it; is that correct, subject to the laws of
the land; is that correct?
84
A When you say policy, I don't know what you mean by policy
Q Set the policy behind the procedure you just outlined
that results in a filling of the box.
A It is the responsibility of the jury commissioner and
the clerk to fill the box.
Q You set the policy behind that, subject to the laws
of the land.
(50) A I don't know what you mean by policy. You could
get into something there that could cause -- of course,
we check with the judge, the judge is familiar with what
we are doing, the chief judge, we have done this, now we
are going to do something else. The judge knows when the
box gets down to three hundred, and when it needs to be
re-filled.
Q Have you or Mr. Jones, if you know, in respect to
Mr. Jones, ever set any standard, or used any standard,
since you have been connected with your present position,
that would exclude any person because of his race, creed,
color, or sex?
A No.
Q Have you ever set any standard that would automati
cally include any person because of his race, creed, color,
or sex?
A No, sir.
Q Are your judgements, so far as you are capable of
knowing what your own judgements are in respect to putting
85
someone in the box, based upon any racial group to which
they belong?
A They are put in there irrespective of race, religion
or politics.
(51) Q Do you put, or fail to put, anybody in the box
because of their race, creed, color or sex?
A No.
Q So far as you know, has Mr. Jones ever done that?
A No.
Q Have you ever received any instructions from the pre
siding judge of this court, Judge Seybourne Lynne, to put
or not to put any person in the box because of his race,
creed, color, or sex?
A No, sir.
£ Now, directing your attention very briefly to labor
organizations, are you familiar generally with the organi
zations of labor unions in Alabama? Are you familiar with
their procedural set-up?
A No, sir.
Q I will ask you one or two other questions along that
same line. Do you know, of your own personal knowledge,
whether or not Negroes are members of various and sundry
labor groups in Alabama?
A It is my understanding they are.
Q Do you know, of your own knowledge, whether or not
Negroes hold various and sundry offices in organized labor
86
units or organizations in Alabama?
(52) A I assume that they do.
Q You assume they do, but you are not personally aware?
A No, sir.
Q Now, I understand that this identification of the
American Legion as to white legion clubs and Negro legion
clubs is given to you all by the American Legion itself.
A That is correct.
Q That was provided by them, and not assembled by you?
A That is right.
Q Is the same thing true in relation to the V F W?
A Right.
Q Is the same thing true in relation to county agents?
A Right.
Q Any identification of the key men as to white or
Negro, any of the key men, was that identification initially
made by you, or was it given to you all by whatever group
you went to?
A We got it from the group.
Q Did you specifically request any such identification,
or was that given to you?
A That is the way we got it.
Q Had you asked for any identification as to Negro,
(53) or white, from any of them?
87
A No. That is the way we got it. We asked for the
names of their folks, and they gave us all of them which
included them.
q If any identification was made, it was made by them
when it was given to youjis that correct?
A Yes, sir.
MR. SPARKS:
That is all.
THE COURT:
How many are put in the box, generally, to start with?
A This last box, there were six thousand.
THE COURT:
Are those distributed, to some extent, percentage
wise over the district in the various counties?
A Yes, sir. For instance, there would be more from
a larger county than from a small county. The number of
jurors from Jefferson County would be in proportion of the
population of Jefferson County to the whole district.
THE COURT:
I notice you haven't made a study of the population
of the area, have you?
A Only when we fill the box, the last census, we made
that ratio number in the jury box per county based on
the last census.
88
THE COURT:
You started off with the number you were (54) going
to put in the box?
A Yes, sir, six thousand.
THE COURT:
You would have so many questionnaires that came in
from prospective jurors that came in from Jefferson County?
A Yes, sir.
THE COURT:
And so many from Winston County?
A Yes, sir.
THE COURT:
You tried to put those in the box based upon the
percentage of population in those counties, is that
right?
A Yes, sir. Would you repeat that?
THE COURT:
You have more, when you get ready to fill the box,
you have six or eight thousand names, probably you have
more than you could put in the box.
A Yes.
THE COURT:
You know the population of these various counties?
A Yes, sir.
THE COURT:
In the first place, are the jurors selected or assigned
to the box on any economic ratio?
A Yes, sir, to this extent, possibly, the census has four
categories which we have utilized to break down (55) the
jurors from a particular county, in four counties, there
is farmers, and merchants, and farmers and others. There
is breakdown in the census that helped us to know the
percentage of those four categories in a county.
THE COURT:
You tried to select the number of those economic
categories in proportion to the population?
A Yes, sir.
THE COURT:
Having made that selection, then do you proceed to
select them based upon the county population of the counties?
In other words, would Jefferson have more in proportion
than Winston would?
A There would be more total jurors in Jefferson County,
certainly, than Winston.
THE COURT:
But would it be a greater percentage in proportion
to population?
A Well, just like one category of farmers, there
probably wouldn't be as many farmers in Jefferson County
as you probably would have in Madison County, or Winston,
or some other county,but maybe then the category of others,
89
90
you would have a good many others here, the fourth category
in Jefferson County.
THE COURT:
You wouldn't indiscriminately put in the box, just
pick out four thousand names and put (56) them in there,
there is some allocation economically.
A Yes, sir, the allocation to these four categories in
each county. It is the total population -- each of
the thirty-one counties comprising the district have allo
cated to it the number of jurors out of six thousand to
which it is entitled based jpon the 1960 census on the
population ratio to the total population of the district.
In other words, the respective counties have a certain
number of allocated jurors divided into four categories,
farmers, merchants, bankers and others, in accordance to
the percentage of such category as set out in the census.
THE COURT:
That is what I was trying to get to.
A Yes, sir.
THE COURT:
You know personally in many of these counties there
are very few Negroes?
A Yes, sir.
THE COURT:
I notice from Winston, you only have forty-seven Negro
males and females over the age of twenty-one, and in some
91
of these counties there are very few, four hundred and three
in Marion County as compared to twelve thousand six hundred
fifty-six white, and, for instance, in Clay County, and
Cherokee County, the (57) proportion of Negroes is very low
compared to the white, but you haven't taken into account
any ratio of Negro to white, or anything of that kind.
A No, sir.
THE COURT:
You don't know what the color of the individual is
that you put in the box?
A No.
THE COURT:
Is there anything on the card to indicate the color?
A No.
THE COURT:
We don't know what their color is until they show up
for jury duty?
A No, sir.
REDIRECT EXAMINATION
BY MR. NEWTON:
Q Mr. Sparks asked you a rather pointed question, did
you do anything that would result in discrimination of
one race, color, or so forth from the jury box, of juror --
A You are asking two questions.
Q No, sir, I am not asking you anything.
92
A I thought you were asking one and I was going to
answer that question before you got to the next one.
Q I believe you said no in answer to the question
(58) Mr. Sparks asked you. I would like to ask you, could
your method of selecting key persons end up with a process
of discrimination toward any group, not intentionally,
of course, could this method which you use to chose persons
for the jury roll actually result in discrimination?
MR. SPARKS:
We object to that question. That is what the court
is called upon to decide.
THE COURT:
That invades the province of the court. It is for
the court to conclude that,
MR. NEWTON:
I believe that is all.
MR. SPARKS:
No further questions.
THE COURT:
You have seen the jury when they come in here,
haven't you? 1
A Yes, sir.
THE COURT;
Negroes have served on juries since you have been
here?
93
A Yes, sir.
THE court:
And some are serving now?
A Yes, sir.
the court:
You have seen Negro women on the jury?
A Yes, sir.
THE COURT:
And women are serving now?
(59) A Yes, sir.
THE COURT:
Do you have anything else?
MR. SPARKS:
Yes, I have one more in regard to that question
by Mr. Newton.
RECROSS-EXAMINATION
BY MR. SPARKS:
Q I don't know whether in response to his pointed
question this was a general observation, or have you done
some study?
A I have seen them with my own eyes.
Q Have you formed any opinion as to the average number
of Negroes you would see?
A I can't testify to any number, but I have seen them
in nearly every session of court.
94
Q But you have no idea of the numbers?
A I haven't kept a tally.
Q You don't know whether there were one or six?
A There may have been six.
Q Might have been one, two, is that true?
A The answer to that is that we do have colored jurors,
men and women.
Q You have seen them?
A Right.
(60) Q But you have no idea as to the proportion of the
type venire?
A I have never kept count.
Q In other words, you have just seen them from time to
time on the jury panel?
A Most every session of court.
MR. SPARKS;
I believe that is all.
THE COURT:
You know of no authorization, or provision of law
that enables you to go out in the population area of north
Alabama and canvass the population for jurors? For instance,
in Jefferson County they have a board, a jury commission
that canvasses the county for jurors. Do you have anything
like that?
A No, sir.
95
THE COURT:
Of course, I am just asking this for the record. The
Court knows about these things.
MR. s p a r k s :
I have no further questions.
MR. NEWTON:
No further questions.
the c o u r t :
You may come down, Mr. Davis.
(Witness excused)
MR. NEWTON:
Judge, we would like to call Mrs. Mary Tortorici.
(61) MRS. MARY L. T0RT0RICI
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. NEWTON:
Q State your name, please, mam.
A Mary L. Tortorici.
Q Mrs. Tortorici, what is your occupation, please, mam.
A I am chief deputy clerk of the United States district
court for the northern district of Alabama.
Q Mrs. Tortorici, on occasions -- first of all, I
would like to ask you, how long have you been so employed?
A I have been in the clerk's office for more than forty
years.
Q Mr. Tortorici, then you have observed many jury
boxes being in the process of being filled in the length
96
of time you have been in the clerk's office, have you not?
A I have.
Q Have you, on occasion, helped with the preparation of
the jury box?
A Some years back I did, I did a lot of the work in
connection with it, but I haven't in recent years.
Q In recent years have you assisted in any regard with
the sending of letters, or anything of that nature?
(62) A No.
Q Have you had an opportunity to observe the manner
in which it was done?
A I knew in a general way what they were doing, but I
myself didn't, Mr. Davis, the clerk, supervises that.
Q Generally, Mrs. Tortorici, can you tell us how the
office goes about doing this?
A Well, it a long story. We send letters out to
different officials in the different counties, and we get
lists of names from them, and we write to those people for
a list of the citizens of their counties.
Q In other words, as you understand it, you will send
first a letter to an official in a county, say, maybe
a superintendent of education, and he would in turn, send
a list of other persons, perhaps, who work in the department
of education.
A That's right.
97
q And then you would send a letter who would, in turn,
send you a list of names; is that correct?
A That's right.
q And once you got that list of names, would you send
individual letters to those persons on that list?
A Yes; we would.
(63) Q And when you got those replies back from those
persons, what would you do then?
A We made cards for those letters and put the cards
in the jury box.
Q Can you, Mrs. Tortorici, tell us some of the persons,
as best you can remember, maybe not by name, but by name or
title, that letters would be sent to?
A Well, we send them to the labor organizations, the
county agents, and bankers, and it has been so many years
I actually did make it myself, I can't give you detailed
information.
Q And do you have any idea what the letter generally
said that you would send out?
A We have a letter here that we send out. You want me
to show it to you?
Q We have one in evidence.
You just asked for persons generally who could be
qualified to serve on a federal jury?
A We just asked for people who you would be willing to
serve on a jury that tried you.
98
Q In other words, if you would send a letter, assuming
I was one of the officials, and you would ask me for
persons I would want to sit on my case were I a defendant
(64) or a plaintiff in a lawsuit.
A That was one of the qualifications. Like I say,
I haven't done it in recent years, and I do not recall
the exact wording of the letter.
MR. NEWTON:
I believe that is all.
MR. SPARKS:
No questions, thank you, Mrs. Tortorici.
(Witness excused)
MR. NEWTON:
Your Honor, subject to the exhibits and testimony
that are here so far, that is our case.
THE COURT:
Of course, I haven't had a change to read these two
depositions. You can read them now if you want to.
1 have a little time, or otherwise, I will read them after
I get in the office.
MR. n e w t o n :
Whichever way you want it done.
THE COURT:
I have read about one third of the deposition of Mr.
Jones. I will read these two depositions and look at the
exhibits I haven't seen, and then make a ruling on the case.
99
Do you have any evidence, Mr. Sparks?
MR. SPARKS:
No.
THE COURT:
I will make a ruling on the case today or tomorrow,
probably today as soon as I read the depositions.
(65) (Whereupon the hearing was concluded, and at 9 A.M.,
November 12, 1965, the case was resumed at Anniston,
Alabama, at 9 A.M., at which time the following occurred:)
(66) NOVEMBER 12, 1965 9:00 A.M.
COURT RECONVENED PURSUANT TO ADJOURNMENT
MORNING SESSION
THE COURT:
Swear the witnesses, please.
(Witnesses sworn)
THE COURT:
Is the rule requested?
MR. NEWTON:
Yes, sir.
(Rule invoked)
THE COURT:
Do you wish to make a statement of the case to the
jury?
MR. ADAMS:
Yes, sir
100
THE COURT:
Proceed.
(Whereupon, counsel for the respective parties ad
dressed the jury in opening statement, following which
the following occurred)
THE COURT:
You may call the first witness.
MR. ADAMS:
Arthur Lewis Jackson.
ARTHUR LEWIS JACKSON
being first duly sworn, testified as follows:
DIRECT EXAMINATION
by MR . ADAMS:
Q Please state your full name.
A Arthur Lewis Jackson.
(67) Q Where do you live?
A 6-C Barber Terrace, Anniston.
Q And how long have you lived at that address?
A About a year and a half.
Q And how long have you lived in the city of Anniston?
A Twenty years.
Q And what is your present age?
A Twenty-six,
Q Are you married?
A Yes.
101
q Mr. Jackson, would you tell the judge and jury
if you were involved in an accident on January 23, 1965.
A Yes; I was.
q State to the judge and to the jury just what happened
on that particular date in the city of Anniston, and I
believe Leighton Street.
A I was going south on Leighton between E and D Street,
and a car was parked on the right hand side headed south.
A car was meeting me going north with his lights on bright,
and I swerved to the right to try to miss him, and I partly
struck the backend of a '58 Ford that was parked on the
right hand side, just the tail light of it.
Q What kind of car were you driving?
(68) A '59 Ford.
Q Tell the court and jury just what happened after you
struck this parked car.
A Well, I got out. My sister and my boyfriend was driving
another car behind me. My sister lives in the back of the
lady that owns the car, Mrs. Davis. I got and started
around to see about the car, and at that time she came up
by the side of me and said, "That car belongs to Mrs. Davis* ,
and I started across to tell her I ran into her car. About
that time she started to hollering at me, "What have you
done to my car, what have you done to my car", and a group
of people had gathered in front of the house, and about that
time some bus driver and some other people came out. I stood
102
over on the curb and somebody called the police.
Q Was your wife in the car with you at that time?
A Yes; she was.
Q And where had you been on that occasion, just before
that time?
A We had been riding out to the west, we had been to
Hobson City.
Q Had you been to the Sportsman's Club?
A Yes.
(69) Q Had you had anything to drink at the Sportsman's
Club?
A No; I didn't,
Q Had you had anything to drink, Mr. Jackson, at
anytime after 12 o'clock on that day?
A I think I had a half a can of beer.
Q Where is this?
A On Stevens.
Q You split that with someone else?
A My wife.
Q The whole beer with your wife?
A Yes,
Q I don't believe you told us where you are employed
at the present time.
A M & H Valves & Fittings Company.
Q How long have you worked there?
A Twenty-two months.
103
q How much do you make at that place?
A $2.17 an hour.
q Is that roughly about $86.00 a week?
A That's right.
q And after cuts, you get about seventy some odd?
A That's right.
(70) Q Now, when the police arrived at the scene, Mr.
Jackson, will you tell us what they did?
A Well, Officer Morrow, he came over and asked me some
thing, I don't know, and then he told me, said come and get
in our car. I think he asked me for my drivers license,
and I got my wallet out, and I was fixing to give it to him,
and he grabbed me by the arm and told me to come over, and
about that time, my wife came up and took the wallet out
of niy hands, and I went on to the car and she came and
brought the wallet to me.
About that time the wrecker came. I told my wife the
car could be moved, not to let the wrecker damage it
because I have never seen the damage to the car. I told
her if it could be moved not to let the wrecker man move
the car. She said she thought the wrecker would have to
pull it in. I started to get out there and see the damage
myself, and Officer Taylor told me to get back in the car,
so I sat back down.
Q Did you, at that time, pull away from the Officer?
104
A No, sirjl didn't.
Q Did they have any difficulty at all in your getting
in the car?
A Not a bit.
(71) Q Did you have any difficulty in getting your drivers
license out of your pocket to show the officer?
A I pulled my wallet out,and I was going to the car,
and my wife got the wallet because it wasn't exactly a
wallet, it was a picture holder, and I was having a little
difficulty getting it out.
Q And you got in the car?
How long were you at the scene of the accident before
you were taken down to the city hall?
A I would say about twenty or twenty-five minutes.
Q Was it raining; was it a clear day, or what was the
weather conditions?
A It was moderately fair, I guess.
Q I see. Have you taken care of the damage to your car?
A Yes, I have, my insurance did.
Q How much damage was done to Mrs. Davis' car that you
struck?
A I paid her $111.00 damage to her car.
Q You paid her, you said?
A Yes, sir.
Q When was this?
105
̂ X don't know the exact date. I don't have a receipt.
(72) Q To r e f r e s h y o u r r e c o l l e c t i o n , w a s i t a r o u n d a b o u t
S e p t e m b e r o f t h i s y e a r ?
A Yes, sir.
q Would you tell the court and jury just how much
you had to drink on that particular occasion, I mean that
day, the whole day.
THE COURT:
What time of day did this happen, was it at night?
MR. ADAMS:
Eleven o'clock.
THE COURT:
Eleven o'clock at night.
Q The entire day of January 23, could you tell us how much
you had to drink?
A My brother came from Birmingham, he and I and
another man had a pint of bourbon.
Q How much did you drink out of that pint?
A The three of us drank it. We wplit it just about even,
the three of us.
Q About how much, I didn't hear you.
A We split the pint.
Q What time of day was that?
A About 9:30, maybe 10 o'clock.
Q Where was this?
A At my house.
106
THE COURT:
Was that 9:30 or 10 o'clock in the morning?
A Yes, sir.
Q And after you left your house, where did you go,and
did you have anything to drink?
A We went to my aunt's house, and more than likely she
gave to my brother a ha If-pint of white whiskey, corn
whiskey.
Q Where was this?
A At my aunt's house.
Q Did you have anything to drink out of that whiskey?
A Yes; I did. We split it.
Q What time of day was that?
A It was about 11 o'clock or 11:30, something like that.
Q That is in the morning?
A Yes, sir.
Q Had you had anything to eat on that occasion?
A I ate a sandwich or something, it wasn't much.
Q Did you have breakfast?
A Just a small one, it wasn't much.
Q Sausage and eggs or something?
A That's right.
Q Did you eat anything at any time after that?
(74) A No.
Q You did not?
A No.
107
q Getting back to the time that you were in the police
car going to city hall, what was said to you, if anything,
by either one of these defendants?
A Well, I asked why was I being arrested. And they
told me to shut up, and Officer Morrow said he had been
aware these Negroes had been drag racing down the street,
and he was going to put a stop to it.
Q Where was he sitting in the car?
A Behind the steering wheel, driving.
Q Where were you sitting?
A In the rear behind the driver.
Q Was the defendant Officer Taylor sitting in the car
next to you?
A Yes. He was in the rear.
Q Did they ever attempt to handcuff you at any time?
A No.
Q You never were handcuffed?
A No.
Q Did you try to resist them in any way in the police
car?
(75) A No; I didn't
Q After they said that Negroes had been drag racing and
we are going to put a stop to it, I think you said Officer
Morrow said that.
A Yes.
108
Q Did they say anything else, either one of them?
A They told me to shut up when I asked why I was being
arrested.
Q You asked why you were being arrested?
A Yes.
Q Did, at any time, did you ask them any questions other
than why you were arrested?
I will specifically ask you, did you ask either of
the defendants why did they not arrest Mrs. Davis?
A No; I did not, because I did not see any reason why
Mrs. Davis should be arrested.
MR. SPARKS:
We object to his mental operation.
THE COURT:
Overrule the objection.
MR. SPARKS:
Exception.
THE COURT:
The question was did you ask them that, yes or nc .
A No; I did not.
THE COURT;
The rest of it is excluded.
(76) Q Was there any other conversation between you and
these two defendants while you were being taken to city
109
hall? Was anybody else with you in the police car with
you, other than these two police officers?
A No.
Q And when you got to the city hall,tell us exactly
what happened as you began getting out of the car.
A Well, he pulled up around the side of the city hall,
and that put Officer Taylor on the right side. So he
opened the door to get out. So he wouldn't open the door
on the left side. I slid out behind him, and went inside.
I don't know where Officer Morrow was. I thought he went
in another door, and Officer Taylor and I went in the door,
and he was asking me to pull out my stuff in my pockets,
I was putting it on the desk, and I pulled out my car keys,
and picture holder, and laid them on the desk, and about
that time Officer Morrow came up and spun me around and
knocked me to the floor, and started kicking me in the face.
Q Did you try to resist them taking you into City Hall?
A Noj I did not.
Q Did you, in fact, spin around before you got in the
city hall and hit your face on a door?
(77) A No; I did not.
Q Now, you say Officer Morrow hit you with his fist?
A That's right, the first time.
Q And knocked you down; is that right?
A That's right.
110
Q What happened then, after he knocked you down?
A He started kicking me in the face.
Q With what?
A His foot.
Q Did he have his shoes on?
A Yes; he did.
Q Were you laying down on the floor at that time?
A Yes; I was.
Q Did you ever see a cuspidor around the vicinity
of the desk?
A No.
Q This happened at the desk; is that right?
A Yes.
Q How many times did he kick you?
A A number of times.
Q You didn't count them; is that right?
A No; I didn't.
Q Were you knocked unconcious?
(78) A No; I wasn't. X was just dizzy.
Q And this defendant, Officer Taylor, what, if anything,
did he do to you?
A Well, after Officer Morrow, -- I guess he got tired
of kicking me, he grabbed me up --
MR. SPARKS:
We object to that and ask it be excluded.
Ill
THE c o u r t:
I will sustain the objection and grant the motion
to exclude that statement.
MR. ADAMS:
You sustain the objection to being tired of kicking?
THE COURT:
Yes.
Q Just tell what happened without showing his feelings.
A When he stopped kicking me, he and Officer Taylor
picked me up, and Officer Morrow, I saw him reach across
me and get a blackjack off of Officer Taylor's belt and
started hitting me over the head with it. And they
carried me up the stairs to the elevator and carried
me on to the jail.
Q Did you say anything to them during this particular
time?
A No.
Q Was anybody else present at that time?
A The desk sergeant is the only one I can remember.
(79) Q Do you know who he is?
A No; I don't.
Q Now, this beating that you talk about that transpired,
how long would you say it occurred in time?
A I don't know.
Q You wouldn't know?
112
A No; I wouldn’t.
Q Did you ask them to give you any medical attention?
A No; I didn't.
Q Were you given any medical attention while you were
in jail?
A No.
Q When did you get out of jail after you put in on
that occasion?
A When they put me in,I was dizzy, and I passed out.
They shoved me in the cell. That is why I didn't ask
for medical attention. The next day I went to breakfast
about 7:00 or 7:30. This place had eight steps -
MR. SPARKS:
We object to that as not responsive to the question.
THE COURT:
Just answer the question, and I will sustain the
objection.
Go ahead with your questioning.
(80) Q You had some pictures made of yourself right
after the accident happened?
A Yes, sir; I did.
Q How long after the accident happened did you have
these pictures made?
A It was a week when I had them made.
Q Was it a week later you had pictures made?
113
̂ The F B I took some on Monday.
q But you had some made yourself; is that right?
A Yes,sir.
the COURT:
Speak up. He can't take it down when you shake your
head.
Q When was this that you had these pictures made in
Birmingham, I believe it was in Birmingham?
A I think it was a week later.
Q Where did you have them made?
A I don't know the name of the studio.
Q Was it at the Masonic Temple in Birmingham?
A Yes; it was.
Q Now, does this picture reasonably depict the
condition of your face a week after the alleged beating
by these defendants?
A Yes, sir; it does.
(81) MR. ADAMS:
We offer this as plaintiff's Exhibit 1, Your Honor.
MR. SPARKS:
We object to it on the grounds it was taken a week
after the time of the claimed events.
THE COURT:
Overrule the objection.
MR. SPARKS:
Exception.
114
(Plaintiff's Exhibit 1 received in evidence.)
Q Is this another view that reasonably depicts your
facial condition one week after the alleged beating?
A Yes.
MR. ADAMS:
We offer it as plaintiff's Exhibit 2.
MR. SPARKS:
Same objection as heretofore assigned.
THE COURT:
Overrule the objection.
(Plaintiff's Exhibit 2 received in evidence.)
Q Now, Mr.Jackson, would you tell us whether or not
you had any cut places on your face as a result of the
alleged beating by these two police officers?
A Yes,sir; I did.
Q Where were you lacerated or cut?
A One here on the left side of my face, and one over
my right eyebrow.
Q Are they still on your face now, the marks?
A Yes, sir.
(82) Q Did you receive any bruises?
A On my right shoulder.
Q Did you receive any bruises on your face?
A Yes, sir, under my eye,
Q Was your face swollen as a result of this beating?
A Yes; it was.
115
q Did you receive any fractures of the face?
A The doctor said I had two small fractures.
MR. SPARKS:
We object to what the doctor said, and where he
had fractures.
q I am asking whether you had fractures.
MR. SPARKS:
We object to the question, Your Honor.
THE COURT:
I don't know whether he can testify if he had a
fracture of the face or not. He could of his leg, I am
sure,or something like that.
MR. ADAMS:
We will withdraw it. We will have the doctor. He
is on call.
Q Now, Mr. Jackson, you did see a doctor; is that right?
A Yes, sir.
Q When did you see the doctor?
A The next day.
Q What is the doctor's name?
A Dr. McGinnis.
(83) Q Is he a doctor here in Anniston?
A Yes; he is.
Q On how many occasions did you see him?
A Three.
116
Q Did he make any X-rays that you know of?
A Yes, sir.
Q Did he charge you anything for his services?
A Yes, sir; he did.
Q How much did he charge you?
A $20.00.
Q Has that bill been paid?
A Yes, sir.
THE COURT:
Twenty dollars?
A Yes, sir.
Q Mr. Jackson, tell us, as a result of these injuries,
were you off from work?
A Yes; I was.
Q How long were you off from work?
A Two weeks.
Q How long did you suffer pain from these injuries?
A About a month, just severe. They still ache a little
Q About one month. Could you describe what the pain
was?
A More or less had a snapping in my jawbone that aches
(84) all the time.
Q Was most the pain on the right side of the face?
A That's right.
Q And did you have any trouble with eating?
117
A Yes; I did.
q Could you eat regularly, did you eat all your meals?
A No, sir; I couldn' t. It had to be soft.
q It had to be soft food? How long did this situation
last?
A About six weeks.
Q About six weeks you had to eat soft food?
A Yes.
Q And you say you have some trouble with it now?
A Yes.
Q When did the doctor take the stitches out of your
face?
A He took them out, I believe, the second week, right
along in there.
Q Talk a little louder so the jury can hear you.
A On the second week.
Q I see. I will ask you, Mr. Jackson, do you remember
whether or not you fell and hit your face on a cuspidor
in the city hall when this thing happened?
(85) A No; I didn't.
Q You don't remember that; is that right?
A When he spun me around and hit me at first, he knocked
me on my back*
Q You fell on your back?
A Yes, sir.
118
Q Did you ever see any blood come from your face?
A As I said a while ago, when they drug me upstairs
and threw me in the cell, the next thing I remember is
the next day*
Q Now, did you have on a suit -- you were clothed at
the time this happened; is that right?
A I had on some khakis and a shirt.
Q Did you get any blood on these clothes as a result
of this beating?
A Yes.
MR. SPARKS:
What was his answer?
MR. ADAMS:
I think he said yes. What did you say?
A Yes, sir.
Q Is this shirt right here, did you have this on at the
time this happened?
A Yes, sir; I did.
Q Is this a handkerchief you used at the time (86) this
happened?
A Yes.
Q Did you also have this particular shirt on at the
time ?
A Yes,sir; I did.
MR. ADAMS:
I will offer these three items in evidence.
119
(Plaintiff's Exhibit 3 received in evidence.)
q Did you also have a bill at the Anniston Memorial
Hospital as a result of these injuries?
A Yes, sir; I did.
Q How much was that bill?
A $49.00.
Q Have you paid that bill?
A No; 1 haven't.
Q Did you have any other out of pocket expenses as a
result of the injuries that you sustained, any money that
you had to pay out?
A Nothing except the fine.
Q I see. Well, did you have any damage to your own
automobile?
A Yes, sir; I did.
Q How much was the damage to your car?
A They listed it as $200.00. I don't know the
(87) exact amount.
MR. SPARKS.*
We object to that.
THE COURT:
Of course, that is not part of the damage here.
MR. ADAMS:
I understand that, Judge. X am trying to point out
how serious the accident was, that is all. It has been
brought out how much the damage was to the lady's car.
120
Q These defendants, Mr.Morrow and Mr. Taylor, did
they have on uniforms that police officers use?
A Yes.
Q And they came there in a police car that you know of?
A Yes.
Q Had the insignia of the city of Anniston?
A Yes,sir.
MR. ADAMS;
That is all. Answer his questions.
CROSS-EXAMINE TION
BY MR.SPARKS:
Q I believe you said you had those pictures taken at
the Masonic Temple in Birmingham.
A That's right.
Q The Masonic Temple, that is the same building as
Mr. Adams' office?
(88) A That's right.
Q Now, you recall when we took depositions in Birmingham,
as you told the story, before a court reporter, you testi
fied on or about October 13; you recall that?
A Yes, sir.
Q Now, do I understand you to tell us today your testi
mony is today that this thing happened sometime about 11
o'clock at night?
A Well, I say about 11. I wasn't exactly sure of the
exact time. I didn't have a watch.
121
q You didn't have a watch?
A No.
q Did you tell us over there in Birmingham at that time
that it happened at 8 o'clock at night?
A Around about 8 o!clock at night. That is what I
thought it was.
q Do you now think it was about 11 o'clock?
A I can't say that.
Q You don't know what time it was?
A I say it was.
Q Do you know what the time was?
A I didn't have my watch.
Q But you thought, on October 13, it was about 8 o'clock.
(89) A It was early.
Q Did Officer Taylor, Officer Taylor being this gentleman
here, hit you on the head, or anythwere else while this
was going on?
A No, sir.
Q He did not?
A No.
Q You signed the complaint in the matter when it was
filed in court, did you not?
A Yes, sir; I did.
Q Did you read it before you signed it?
A Which one are you talking about?
Q The complaint against Officer Taylor.
122
A Yes.
Q Did you state in the complaint, the defendant, Lewis
Taylor, got a stick or blackjack and hit you on the head?
A No, sir; I didn't.
Q Will you read that to the jury right there? Would
you read that to the jury?
A The defendant, Lewis Taylor, got a stick or blackjack
and hit the plaintiff on the head.
That isn't exactly what I say.
(90) Q That is wrong?
A Yes.
Q That is not correct?
A That's right.
THE COURT;
Where did he hit you? You said somebody hit you.
A Officer Morrow. He got the blackjack off of Officer
Taylor's belt.
MR. SPARKS;
He said Officer Taylor did not hit him at all.
Q This complaint, when it states Officer Taylor hit
you with a blackjack or stick on the head, is wrong?
A Yes, sir.
Q When you stated in Birmingham that this happened
at 8 o'clock at night, that is also wrong?
A I wouldn't say exactly.
123
q You don't remember whether it was 8, or 9, or 10, or
li; is that correct?
A No. I didn't check the clock.
q Now, you told us today, if I understood your testimony
correctly, that at your aunt's house you had something
to drink, a beer or whiskey.
A That's right, a half-pint.
(91) Q What kind of whiskey was that?
A Corn whiskey.
Q Corn whiskey? Now, did you tell us in Birmingham
that at your aunt's house you had a half a pint of gin?
A I didn't have any gin.
Q Did you tell us in Birmingham that you had a half a
pint of gin at your aunt's house?
A No, sir. I had white whiskey.
Q I asked you if you told us in Birmingham you had
a half a pint of gin at your aunt's house.
A I had a half a pint of white whiskey.
Q Do you recall my question to you what is her address,
and what is her name, and it has here Nellie May Murphy,
is that her name?
A Yes.
Q Do you recall me asking you did anyone go with you
to your aunt's house, and you answered the three of us,
did you answer that?
A Yes, sir.
124
Q And did I ask you the two men that were with you at
your aunt's house and you answered, "Yes, sir?"
A Yes, sir.
Q And did I ask you all did you have anything to drink
(92) at your aunt's house and you said you had a half a pint
of gin?
A No; I did not.
Q Did I ask you did you all drink the half a pint of
gin and you answered yes?
A No.
Q You don't recall saying then it was gin and today
it was white whiskey?
A No, sir; I don't.
Q Beginning that morning, what time did you get up,
approxima tely ?
A About eight.
Q Well, what time did you eat breakfast?
A I ate a little snack about nine.
Q And what time did you begin drinking that day?
A About ten.
Q And what did you have at ten?
A A pint of bourbon with my brother and another man.
Q A pint of bourbon? Then where did you go?
A To my aunt's house.
Q That is where you had today, you say, a half pint
of white whiskey?
125
A That's right.
(9 3) Q How long did you stay there drinking the white
whiskey?
A About twelve, or something like that.
q And then where did you go?
A Went to my uncle's house.
q Did you have anything to drink at your uncle's house?
A Had some wine.
q You had some wine? Now, didn't I understand you a
minute ago to say all you had to drink that day was the
bourbon, the white whiskey and the beer,that night?
A That is the only question he asked me. I didn't say
I drank any wine.
Q You didn't have any wine at your uncle's house?
A No.
Q You didn't drink any wine at your uncle's house?
A I don't remember.
Q Did you tell us on October 13 you did drink wine?
A I told you I didn't have any wine.
Q You told us you did not?
THE COURT:
You drank that pint of bourbon , the three of you, or
did you drink it by yourself?
A The three of us.
Q How long did you stay at your uncle's house?
126
A About an hour.
Q Where did you go when you left your uncle's house?
A Went to my mother's house.
Q Now, how long did you stay at your mother's house?
A We stayed there, I don't know the exact time, and we
rode around some.
Q You stayed at your mother's house, and you left there
and rode around some?
A Yes, sir.
Q Where did you go?
A Just rode around.
Q Didn't go anywhere, just drove around?
A Just around town. 1 ■>
Q How long did you drive around town?
A Until about two-thirty or three.
Q And where did you go at two-thirty or three?
A My brother, the early part of the day, my brother
had to go back, I will say about one my brother had to go
back to Birmingham, and that left Alonzo and I, and we rode
around West Anniston and around town until about dusk-dark.
Q You rode until about dusk-dark instead of 3 o'clock?
A My brother, left, and the two of us rode.
(95) Q This was about 1 o'clock when your brother left and
went to Birmingham; is that right?
A Yes, sir.
127
q Then what did you do?
A Alonzo and I rode some more.
q How long did you ride?
A Until about dusk.
Q You rode from 1 o'clock until dusk, and didn't go
anywhere?
A We went out west, and I have friends.
Q You stopped at your friend's house?
A Yes, I see them on the street. I stopped at the
poolroom.
Q They sell whiskey at the poolroom, don't they?
A Yes.
Q And they sell beer also?
A Yes.
Q Where else did you stop besides the poolroom?
A I don't know the exact places. We rode around. The
day was uneventful until this happened.
Q You don't know what you did between one and dusk?
A We went to people's houses, and to the poolroom.
Q Did you stop at any bootleggers?
(96) A No, sir; we didn't.
Q About dusk-dark, what did you do?
A My sister was driving my brother-in-law's car, and
I pulled in behind her.
Q Then where did you go?
A We went to Hobson City.
128
Q Who went with you?
A My wife, and my sister and Alonzo.
Q Where did you pick up your wife?
A She was in the car with my sister.
Q Alonzo went with your sister, and you went with your
wife?
A And my sister-in-law.
Q Whose car was your sister-in-law in?
A Alonzo's car.
Q She went with Alonzo, and you and your wife and sister--
A We were all five in Alonzo's car.
Q Where did you go in Hobson City?
A To the Sportsman's Club.
Q About what time did you get to the Sportsman's Club?
A About six-thirty or seven.
Q At the Sportsman's Club, do they sell beer?
(97) A Beer, yes, sir,
Q Do they sell whiskey?
A Yes, sir,
Q Do they sell it by the fifth?
A Yes.
Q Do they sell it by the pint?
A Yes.
Q Do they sell it by the half-pint?
A Yes.
129
q Are there any honkey-tonks in Anniston that are allowed
to sell whiskey?
MR, ADAMS:
We object to that.
q How long did you stay at the Sportsman's Club?
A Just a little while, because they were preparing for
a dance.
q What is a little while?
A About fifteen or twenty minutes.
Q Did you testify on October 13 you stayed longer than
that?
A No, sir; I didn't.
Q Did you buy anything to drink at the Sportsman's Club?
A I did not.
Q What did you do for fifteen or twenty minutes.
(98) A We went in, and Alonzo -- and they were preparing
for a dance, and we were not going to stay for the dance,
and we left.
Q Just walked in and left?
A Yes.
Q Did any of you dance?
A No.
Q Did you testify on October 13 that some of you danced?
A I did not.
Q After you left the Sportsman's Club around 7 o'clock,
where did you go?
130
A Went on Stevens.
Q Whose house did you go to on Stevens Street?
A Lamar Brooks.
Q Why did you go there, for what reason?
A To get some whiskey.
Q Was whiskey bought?
A Yes.
Q Was beer bought?
A Yes,sir.
Q How much whiskey was bought?
A I don't know the amount.
(99) Q He is a bootlegger, isn't he?
A Yes, sir.
Q What time was this?
A It would be about seven-thirty, something like that.
0
Q Talk a little louder so the jury can hear you.
A About seven-thirty.
Q How long did you stay at Lamar Brooks' house?
A I don't know exactly.
Q What did you do when you left there?
A We came south.
Q You came south on Leighton?
A Yes, sir.
Q And immediately after leaving and going south on
Leighton, that is when this collision happened?
A Yes.
131
q And you got at Lamar Brooks' house about seven-thirty,
you told us?
A Something like that.
q Something like that,seven-thirty, and this happened
something like 11 o'clock?
A I told you I didn't have my watch.
the c o u r t:
Did you have any whiskey while you were there?
(100) A I drank a half a can of beer, my wife and I split it.
Q Who drank the whiskey?
A They have a bowling lane, and I don't know who bought
the beer and who drank the whiskey.
Q You did not drink it?
A No.
Q The other people drank it, but you didn't?
A That's right.
Q Now, you ate breakfast, and I believe you told Mr. Adams
you did not have any lunch.
A That's right.
Q And didn't have any supper?
A No.
Q Didn't eat anything after you ate breakfast?
A That's right.
Q Now, at Lamar Brooks, this whiskey was white whiskey,
wasn't it?
132
A I guess they sell anything.
Q They sell any kind, white and bonded?
MR. ADAMS:
I didn't hear his last statement, white and what?
MR. SPARKS:
Bonded.
Q Now, the lady's car that you hit, Mrs. Davis, she
(101) was sort of an elderly lady, isn't she?
A Yes.
Q Did she come out of her house?
A Yes, sir; she did.
Q What did you say she was doing.
A She started screaming you hit her car, and I --
Q Was she rude to you, too?
A Yes.
Q She was rude to you?
A She was screaming, yes, sir.
Q Now, did you see the wrecker driver that came up to
get your car?
A No, sir; I didn't.
Q You did not see him?
A No.
Q Did you speak to him?
A No; I did not.
Q Did you tell him to leave your damn car alone?
A No, sir; I didn't.
133
q You didn't even see him?
A I didn't even see him.
q Now,you remember when the case was tried, your case,
(102) you were charged with what?
A What do you mean?
q What were you charged with after you ran into this
parked car?
A Driving while intoxicated, and resisting arrest.
Q You were tried in the city court?
A Yes, sir.
Q You had a lawyer there?
A That's right.
Q You were convicted of both offences?
A ThatJs right.
Q You stated in the complaint that you were fined $25.00
and costs?
A That's right.
Q But you were actually fined a total of $125.00 in costs,
were you not?
A $25.00 for resisting arrest and $100.00 for driving
while intoxicated.
Q You stated in your complaint you were only fined
$25.00, didn't you?
A Somebody made a mistake.
Q And then did you appeal those convictions?
134
A Yes, sir; I did.
Q Did you later on pay those fines?
MR. ADAMS:
I would object, Your Honor, what he did later on.
THE COURT:
Overrule the objection.
A Yes, sir,
MR. SPARKS:
I believe that is all.
THE COURT:
Anything on redirect?
MR. ADAMS:
No, sir.
THE COURT:
Come down.
(Witness excused)
MR. ADAMS:
Call Emma Jackson,
EMMA JACKSON
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. NEWTON:
Q State your name, please.
A Emma Jackson.
Q Where do you live, Mrs. Jackson?
135
A 6-C Barber Terrace, Anniston, Alabama.
THE COURT:
You have to speak up so everybody can hear you. The
court reporter has to take it down.
Q How long have you lived there?
A About two or three years.
(104) Q Are you the wife or. Arthur L. Jackson?
A Yes, sir; I am.
Q Now, Mrs. Jackson, I invite your attention to on or
about January 23, 1965. Did you have an occasion on that
evening to be riding in an automobile with your husband?
A Yes; I did.
Q Now, your husband had an accident on that day?
A Yes, sir.
Q Immediately preceeding this accident, where had you
and your husband been just before the accident?
A We had been riding out west, and around in South
Anniston, and to Hobson City.
Q You had gone to Hobson City?
A Yes, sir.
Q What time of day or night was it that you went to
Hobson City?
A I don't know exactly what time, about six-thirty,
I imagine, or seven.
Q Six-thirty in the evening?
136
A Or seven.
Q Did your husband, in your presence, have anything
to drink in Hobson City?
(105) A He had a half a can of beer that I had.
Q Now, you had a can of beer, you say?
A Yes, sir.
Q And your husband split it with you, or something?
A That's right.
Q Now, where did you go after your return from Hobson
City?
A First we was out west because we went to Hobson City,
and when we came from Hobson City, we came to West Anniston.
We were in the car with Mary Frances and another boy.
Q Is Mary Frances your husband's sister?
A That's right.
Q Did you subsequently get back in your husband's car?
A That's right. We were on our way home.
Q And in your best judgement, what time of day or
night was that?
A I believe it was about eight-thirty, or something until
nine,
Q Now, where did you proceed when you got back in your
husband's automobile?
A We got in his car, it was on B Street, we were parked
on B, and drove on down to Leighton and started (106) down
Leighton,
137
q Did anything unusual happen while you were traveling
south on Leighton Street?
A Yes. We had just pulled off, and a car was coming
up Leighton, and had his lights on real bright, and
couldn't hardly see, and the road was slippery.
q What did your husband do, if anything?
A He tried to pull over to the side, and the way
f
this car was parked, his front hit the back.
q Can you tell us anything, Mrs. Jackson, about how
this automobile was parked?
A Well, it wasn't parked -- it was parked on the curb,
but it didn't seem to be parked straight, right up beside
it.
Q Did it seem to be at an angle, or something?
A Something, but it wasn't straight.
Q Was the end of the automobile sticking out?
A A little bit, just a little.
Q And then did your husband move in one direction or
another when the lights from the oncoming car shown in
your car?
A He tried to dodge so he wouldn't be hit.
Q And what happened then?
A That is when he hit the car, and he just stopped still.
(107) Q Now, is this the car that you referred to as being
sort of sticking out in the street, to some extent?
138
A That's right.
Q When he hit this car, what, if anything, did he do
then?
A We just sat there in the car.
Q You sat there in the car?
A A little while, and then she come out, The lady of
the house came out.
Q When the lady of the house came out, what do you mean
by the lady of the house,do you mean the lady that owned
the automobile that you struck?
A That's right.
Q Do you know her name?
A Mrs. Davis.
Q When Mrs. Davis came out, what, if anything, did she
say?
A She just asked him if he had any insurance.
Q Did she say anything else?
A She said she would have to call the police.
Q What was the manner of Mrs. Davis' speech? Was it
loud, or was it excitable, or what?
A It was loud and excitable.
(108) Q At this point just immediately prior to hitting
this automobile, what was the condition of your husband?
You have seen people when they are drunk, have you not
A Yes, sir.
139
q You have seen people when they are what we commonly
call high, have you not?
A Yes, sir.
q What was the condition of your husband as being
sober, or drunk, on this occasion?
A He was sober.
q Was your husband, just immediately prior to the
lights shining on this car, was your husband driving normally?
A YesJ he was driving normally. He hadn't drove a half
a block.
Q At any time just immediately preceeding hitting this
parked car, was your husband weaving in any manner?
A No; he wasn't.
Q You have observed your husband when he drank on this
and other occasions, have you not?
A Yes.
Q And you have had the experience of seeing others under
the influence?
(109) A Yes, sir.
Q Now, in your opinion, was your husband under the
influence of any drug or intoxicating beverages at all
immediately preceeding this accident?
A No; he wasn't.
Q Now, Mrs. Jackson, how lorg did you -- did police
officers later come to the scene of this accident?
140
A How long?
Q Strike how long.
Did police officers later come to the scene of the
accident on Leighton Street?
A Yes.
Q How long would you say after the accident, after the
vehicle had been struck, before the police arrived?
A About ten minutes.
Q When the police arrived, had other people gathered
on the street generally around the neighborhood?
A Mrs. Davis, and the bus driver, and another little
boy, they were out there in the road.
Q Now, when the police came, were they driving a police
car that we normally know as a police vehicle?
A Yes; they were.
Q Did it have the markings of the city of Anniston on it?
(110) A That's right.
Q Were these gentlemen to my right the officers who came?
A Yes; they were.
Q Now, at the time that the police officers arrived,
Mrs. Jackson, what was your husband doing at that time?
A He was standing over on the curb.
Q Standing on the curb? Was he leaning on anything, or
holding on to anything?
A No; he wasn't. There wasn't anything to lean on.
141
q Now, at the time the police officers arrived, who
did they talk to when they first got there?
A To Mrs. Davis and the bus driver.
q To Mrs. Davis and the bus driver?
A And told my husband to get in the car.
q Just a minute. Where was Mrs. Davis and the bus
driver?
A They were standing over there by the car.
q By your husband's car, or by Mrs.Davis' car?
A In between.
q In between the two automobiles?
A Yes, close to them.
Q And was your husband in that general vicinity, or was
he some distance away?
(Ill) A He was a little piece away.
Q How long, in your judgement, did the officers talk to
the bus driver and Mrs. Davis?
A A good while.
Q Had they spoken to your husband at all to that point?
A No. They only told him to get into the car.
Q When they told him to get into the car, did they tell
him this prior to talking to Mrs. Davis and the bus driver?
A No.
Q They talked to Mrs. Davis and the bus driver first?
A Yes.
142
Q And in your judgement, this was about ten minutes?
A That’s right.
Q After they finished talking to Mrs. Davis, did they
have any conversation with your husband prior to telling
him to get in the car?
A No.
Q Did they ask him for a drivers license, or anything?
A Yes; they did.
Q Where was that?
A When he was standing up by the car.
Q Did he show them his drivers license?
A Yes; he did.
(112) Q Where did he have his drivers license?
A In his billfold.
Q Now, did you later take his billfold?
A No. He had his billfold in his hand.
Q I mean sometime later did you get it from your husband?
A No.
Q Now, when the officers put your -- told your husband
to get in the car, did he walk toward the car, or did they
escort him to the car?
A The little short --
Q The shorter of the two here?
A Yes.
Q You mean the defendant here?
A Yes. He just took his arm and told him to get into
the car, and he walked on to the car and got in.
143
q Officer Taylor?
A That's right.
q Did your husband pull back, or anything?
A No; he didnt.
Q Did this officer here have any difficulty getting
him to the car?
A No; he didnt.
Q The shorter one of the two?
(113) A No; he didn't.
Q Did your husband then sit down in the automobile?
A Yes; he sat down.
Q How long then, in your judgement, did the officers
stay there on the scene before the automobile left with
your husband?
A He stayed about ten minutes, I believe, before he left.
Q Did your husband have any conversation with you while
he sat in the police car?
A Yes. He asked me to ask the wrecker could they
pull his car over to the side and not carry it down to the
city hall.
Q In other words, he told you if his car could be moved,
not to let the wrecker take it to the city hall?
MR. SPARKS:
We object to leading the witness. I think I have
been tolerant.
THE COURT:
You are leading her. On direct examination leading
is not permitted.
MR. ADAMS:
All right, sir. I appreciate your tolerance.
Q After your husband had his conversation with you
about the wrecker,did he have any other conversation
with you while he sat in the police car?
(114) A No, sir; he didn't.
Q Did your husband, in your presence, say anything to
the driver of the wrecker?
A No; he didn't.
Q Did your husband, in your presence, attempt to get
out of the automobile at any time?
A No; he didn't get out.
Q Now, at this time when your husband was put into the
police car by Officer Taylor, did he have any lacerations,
any cuts on his face?
A No, sir; he didn't.
Q Was his jaw swollen?
A No.
Q Was he bleeding?
A No.
Q When did you next see your husband?
A Sunday morning.
Q What was his condition on Sunday morning when you
144
saw him?
145
̂ He was swollen up, and bloody, and his clothes and
pants torn.
q Was there any cuts on him?
A Yes, across his head and eye.
(115) MR. ADAMS:
I believe that is all. Answer his questions.
CROSS-EXAMINATION
BY MR. SPARKS:
q Mrs. Jackson, this was on a Saturday night that all
of this happened, was it not?
A Yes; it was.
q I believe you told us it happened about eight-thirty
at night when he ran into the parked car?
A Sometime along eight-thirty.
Q It wasn’t eleven o'clock, or sometime along there?
A It was between eight and nine.
Q You are positive about that?
A I am not positive.
Q But you are pretty sure? Could it have been between
nine and ten, possibly?
A It probably could, because we didn't have on a watch.
Q Could it have been between ten and eleven?
A Not that late.
Q It couldn't have been as late as eleven?
A I don't believe so.
146
Q Mrs. Jackson, where did you meet your husband on
that Saturday night?
A On D Street.
(116) Q On D Street? About what time did you meet him?
A About six-thirty.
Q About six-thirty, and it was only about two hours
later that this happened; is that correct, in your best
judgement; is that right?
A Yes.
Q Two hours after you met him? That would make it
eight-thirty?
A Yes, sir.
Q Where did you go after you met him?
A We rode out to the west side, and rode back to
Hobson City.
Q Where did you go on the west side?
A Went out on Stevens.
Q Who did you see out there?
A No one in particular, just stopped at a house,
Q At whose house did you stop?
A Brooks.
Q Lamar Brooks?
A I don’t know his first name.
Q What do they do at Lamar Brooks' house?
A Well, they sell.
What do they sell?Q
147
A Liquor or beer.
q Did you all get any?
£ Well, he got some liquor, a half-pint,
q He got a ha If-pint of liquor? Who drank any of the
half-pint?
A Frances, Alonzo, and myself.
q Your husband did not take any?
A No.
q He does drink?
A Yes.
q And had been drinking that day?
A Yes.
Q But he didn't have any then?
A No.
Q You could tell at six-thirty he had been drinking
that day?
A He wasn't high,
Q Could you tell he had been drinking?
A I knew he had been drinking.
Q You smelled it, did you not?
A Yes, you could smell it?
Q How long did you stay in Lamar Brooks' house, please,
mam?
(118) A We didn't stay too long, about ten or fifteen
minutes.
148
Q Just long enough to buy the whiskey and beer?
A We didn’t buy any beer.
Q Just the whiskey?
A That's right.
Q Where did you go after you left Lamar Brooks'place
A On the way to Hobson City.
Q Where did you go in Hobson City?
A Down to Cleeves.
Q Where is Cleeves?
A That is a little club.
Q Is that known as the Sportsman's Club?
A That's right.
Q Did you go in?
A Yes; we did.
Q Did you sit down when you got in?
A A little while.
Q Did you order something to drink there?
A We got a can of beer.
Q All of you?
A The three of us bought a can of beer.
Q One for each?
A Yes.
(119) Q What about your husband?
A No. He drank half of mine.
Q But you did, is that right, you did order one
can of beer each, except your husband?
149
A Y e s *
q was that a king-size can or small can?
A Small can.
q He drank half of that?
A Yes.
q That is all he had to drink there?
A Yes.
q How long did you stay there?
A I didn't stay long, just five or ten minutes.
q Just long enough to drink the beer?
A Just long enough to drink the beer.
q Then where did you go?
A Came back to the south side to get our car so we
could go home.
Q You went there in one car?
A Yes.
Q And they let you out on D Street?
A That's right.
Q And immediately after that, this collision happened
(120) A Yes.
Q Let me see if I understand your testimony. You
met your husband at about six-thirty, and you went out to
Lamar Brooks' house and bought the whiskey, and stayed
fifteen minutes or so, and immediately drove to the
Sportsman's Club in Hobson City, and stayed there five
or ten minutes, left and came back and got your car on
150
the street called D Street about a half a block from the
place where this accident happened, and it immediately
happened after you left D Street?
A Yes.
Q Making the time of the collision about eight-thirty?
A Something like that, or nine.
Q And he met you at six-thirty. Where had you been
before he met you at six-thirty?
A Well, his sister and I, we were riding that evening.
We left home about four-thirty or five that evening riding.
Q You rode around about an hour or an hour and a half
and met your husband?
A Yes.
Q When this collision happened on D Street, was any
car following the car you were driving?
A Yes. His sister was driving behind us.
(121) Q I want to ask you this, Mrs. Jackson. Did either
you or his sister, immediately after this collision
happened, and after the police got there, and in the
presence of other people, go up to him and say this, or
this in substance, "Don't worry about this, we will
testify that we were driving."
A No.
Q Nobody said that?
A No; I don't even drive.
Q You didn't say it?
A No.
151
q His sister didn’t say it?
A No.
q Was she with you the whole time?
A Yes.
q If she had said it, would you have heard it?
A Yes, I would.
MR. SPARKS:
Thank you.
the c o u r t:
The doctor is out there. Do you have any further
questions on redirect?
MR. NEWTON:
No, sir.
THE COURT:
Come down.
(Witness excused).
(122) THE COURT:
Call the doctor in.
DR. GASTON 0. MC GINNIS
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. ADAMS:
Q State your name, please, doctor.
A Gaston 0. McGinnis.
Q Doctor, are you a practicing physician in the city of
Anniston?
152
A I am.
Q Did you have the occasion on or about the 24th of January
1965, to treat Arthur L. Jackson, this person sitting
right here?
A I did.
Q And what was the reason for his visit to your office?
A I did not see him at my office. I saw him at the
emergency room of the Anniston Memorial Hospital at
approximately seven-thirty in the morning on that day.
He had two facial lacerations, and some bruising and
swelling on his face on that day. He also complained
of some pain in the chest, and stated that he had received
an injury to the chest. I found no evidence of a break
in the skin at that time on his chest. His facial were
(123) evident, though, his lacerations.
Q That was on the 24th?
A That's right.
Q On that particular day, had those lacerations on
his face been sutured, or did you suture them?
A They had not been treated. I treated the lacerations
on that date, I repaired them, sutured them.
Q How many lacerations were there?
A Two.
Q Were there any bruises on his face also in addition
to the lacerations?
153
̂ Yes, there were. There were some swellings about
the face.
q You don't count the number of sutures you take, do you
̂ I put fifteen stitches in his face.
q And which was the worst laceration, can you recall
them?
A Not specifically, but there were two on the forehead
in the brow about equal length, as I remember.
q Could you tell us, doctor, whether or not you X-rayed
the plaintiff's face, Jackson's face?
A He was seen on the 29th, January 29. At that time,
I felt that an X-ray was indicated after the swelling
(124) had gone down. He was not X-rayed on the 30th of
January, at my request, the patient was not.
Q Could you tell us what your findings were, or what
the findings were with reference to the X-rays that were
taken?
A The X-rays showed a fracture through the portion of
the maxilla which is the cheekbone, that portion of the
bone that is immediately underlying the eye. It showed
a fracture with a very minimal depression. We measure it
in millimeters. It was three millimeters depressed, which
is approximately one-eighth of an inch at the displacement*
There were no other fractures.
Q I believe you said -- were there two fractures?
A This bone is composed of three portions, but it
is one fracture alone. There are three portions to this
154
particular bone, one portion toward the eye, one portion
toward the ear, and one portion toward the mouth, and you
have to break all three to break one, so there is only
one fracture.
Q Do you have any judgement, doctor, as to the length
of the fracture itself?
A Noj you wouldn't measure it that way because it is
in three portions.
(125) Q You couldn't measure all'three portions together?
A You can't measure length. No, I am sorry, I couldn't
estimate the length. It is like a stool with three legs,
and you break the three legs so that you don't measure it
in length.
Q Was this fracture located anywhere near where the
lacerations occurred?
A It was on the face. The lacerations were on the forehead.
Q Was it your opinion that this was a recent fracture?
A It appeared to be recent on X-ray.
Q Now, is it possible to have X-rayed that portion of the
break right after the accident, I mean right after it occurred,
and not have seen the fracture? I notice you said you took
it after the swelling had gone down?
A That's right. I don't X-ray patients normally when
there is swelling because they frequently do not show
when there is a considerable degree of swelling.
155
q Would you say there was a considerable degree of swelling?
A There was enough to occlude some of the fracture at
times. I mean when there is facial swelling, I don't X-ray.
(126) Q Does this look like Jackson's face at the time
you saw him on the 24th?
THE COURT:
That picture, as I understand, was taken a week after
this occurrence, wasn't it?
MR, ADAMS:
Yes, sir, but I want to see if it was similar when
he saw it?
A Yes, it was similar.
MR. ADAMS:
That is plaintiff's Exhibit 1 that I have shown the
doctor.
Q On how many occasions did you treat Mr. Jackson, doctor?
A I saw him, as I said, on the 24th; I saw him on January
29th, and I saw him on February 8.
Q On three occasions?
A On three occasions.
Q And how much was your bill, do you recall?
A $20.00.
Q Have you been paid?
A Yes.
Q And did you estimate, or do you have any judgement,
156
as to how long Mr. Jackson would have pain and suffering
with respect to these injuries?
MR. SPARKS:
Objection, Your Honor. That is entirely subjective.
THE COURT:
I will permit him to state, if he has any opinion,
as to how long it would likely or probably cause pain
and suffering.
A I know on February 8 he was relatively symptom-free,
and had only minimal symptoms, and I allowed him to return
to work on that day with some precaution.
Q On February 8?
A That's right.
Q What precaution did you give him?
A Avoid any injury to the area of the fracture for
a minimum period of time of six weeks from the date of the
injury.
Q This displacement of the facial bones, did you give
him any opinion as to whether or not he needed an operation
to clear that up?
A I have discussed this with him to explain the type
fracture, and from the standpoint of function, I did not
advise surgery. By function, I mean the motion of the eye.
If it had been a severe displacement, it would have distorted
the eye so that he would have had double vision and other
157
changes. He had none of these things. The displacement
is not severe, so I did not advise surgery (128) for function.
As for as appearances are concerned, it is up to the patient
himself to decide about the appearance, and as I usually do
with a small amount of displacement, I advised the patient
to decide himself about his own personal appearance. As
far as I was concerned, I did not think the distortion was
noticeable.
q The lacerations that you sutured, doctor, do you have
any opinon as to whether they will result in permanent
disfigurement of his face?
MR. SPARKS:
We object to that question, Your Honor, on the
grounds --
THE COURT:
You mean with respect to a depression of some kind?
MR. ADAMS:
The lacerations.
THE COURT:
You mean scars?
MR. ADAMS:
Yes, whether they will, in his opinion, be permanent
enough to disfigure him.
THE COURT:
I will overrule the objection.
158
Q I was asking you whether or not the lacerations you
sutured on the plaintiff's face, which you can see here now,
was it your opinion they may permanently disfigure his face?
A I would not say permanently disfigure. They will
(129) cause small scars, but they are cosmetically accepted.
Q You say that would leave a scar?
A Yes. Any laceration will leave a scar.
Q But as to whether or not he should have plastic
surgery, that would be up to him, is that rightJ is that
your opinion?
A No. As far as a reduction of the original fracture,
in an attempt to elevate the fracture, it was up to him
in regard to his personal appearance. Plastic surgery,
are you referring to the scars?
Q Yes.
A That would be up to him, but as of the date of my
last note, I did not feel his scars would require any
plastic surgery.
Q You can observe him now, doctor, can you see those
scars from here?
A No; I can't see the scars.
MR. ADAMS:
Come up here.
(Plaintiff at witness stand)
Q At this distance can you see the scars on his face?
159
A YesJ I can see them.
(Plaintiff resumes seat at counsel table)
Q Is it your opinion, doctor, from that observation
(130) here in court of those scars, that they will remain
basically as they are the rest of his life, the scars that
you just observed?
A Yes. I think they will remain largely unchanged at
this date.
THE COURT:
Was your charge of $20.00 a reasonable charge?
A Yes, sir.
MR. ADAMS:
That is all. You may answer Mr. Sparks' questions.
MR. SPARKS:
Thank you, doctor, you may go. We have no questions.
(Witness excused).
MR. ADAMS:
Judge, that is our case.
THE COURT:
All right. We will take a twenty minute recess at this
time.
Don't talk tc anybody about the case while you are in
recess.
MR. SPARKS:
Your Honor, I would like to present the court one thing
before we go out.
160
THE COURT:
This is actually a motion for a directed verdict, and
the court will overrule the motion at this juncture.
(131) MR. SPARKS:
That is just for one of the defendants, Lewis Taylor.
The testimony was he didn't hit him or abuse him.
THE COURT:
I will overrule the motion.
(Midmorning recess)
THE COURT:
Call your first witness, Mr. Sparks.
MR. SPARKS:
Mr. James F. McKinsey.
JAMES F. MC KINSEY
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SPARKS:
Q Would you tell the court and jury your full name,
please, sir.
A J. F.McKinsey.
Q Mr. McKinsey, where do you live?
A 324 South Leighton.
Q Is that here in Anniston, Alabama?
A Yes, sir.
Q What, Mr. McKinsey, was your job, what do you do for
a living?
161
A I work for the Anniston Transit.
q You are a bus driver here in Anniston, are you not?
A Yes, sir.
(132) Q Mr. McKinsey, directing your attention to the latter
part of January of this year, on or about January 23 of 1965,
were you living at 324 South Leighton at that time?
A Yes, sir.
q How long had you been living there?
A Approximately four and one-half years.
q Is 324 South Leighton almost directly across the street
from the residence of Mrs. Davis?
A Yes,sir.
Q Do you know her first name?
A No, sir;I don't.
Q To refresh your recollection, Mrs. Elizabeth Davis,
325 South Leighton, is that her name?
A Mrs. Davis.
Q That is all you know?
A Yes, sir.
Q But it is right across the street from you?
A Yes, sir.
Q Were you at home on the night of January 23, 1965?
A Yes, sir.
Q What time did you get home that evening?
A About six-thirty.
(133) Q Did you stay at home the rest of the night?
A I did.
162
Q When you got home at six-thirty, did you see Mrs. Davis'
car anywhere at that time?
A Yes, sir.
Q Where was her car?
A It was parked almost in front of the house.
Q In front of your house?
A Yes, sir, because hers is almost in front of my house.
Q Her car was parked on the side of the street that you
live on?
A Yes, sir.
Q Was her car facing north or south?
A South.
Q That would be south that way, I assume. (Indicating)
A Yes,sir.
Q Will you describe to the court and jury how her car
was parked, with reference to any angle it may have had,
if there was any.
A There wasn't any to it. It was parallel with the
street.
Q Was it close to the curb, or out from the curb?
A Close to the curb.
(134) Q Was the rear end in any way sticking out in the
street?
A No, sir.
Q Now, later on that night, did anything happen to her car?
A Well, there was an accident, yes, sir.
163
q Now, what called your attention to it, if anything?
A I heard the crash.
q Where were you when you heard that crash?
A I was in bed.
q You were in bed?
A Yes, sir.
q At: about what time of night did you hear it?
A Approximately between ten-thirty and eleven o'clock,
I believe.
Q Did you get up?
A Yes, sir.
Q Did you go outside?
A I went to the door at that time because I was in my
pajamas.
Q And then what did you do?
A I went back and put on my clothes and went out.
Q Did you see anybody out there?
A Yes, sir.
(135) Q Will you tell the jury who you saw?
A Well, I saw four people out there.
Q Were they white or colored?
A Colored.
Q Is this one of them that you saw right here, in the
middle of these two lawyers?
A Yes,sir.
Q
A
164
Do you recognize him now?
Yes, sir.
Q Did you see him?
A Yes, sir.
Q Where was he when you first saw him?
A He was in the back of his car.
Q I believe you said you saw four?
A Yes, sir.
Q Were they men, or women, or were they men and women?
A There was two women and two men.
Q Mr. McKinsey, you are a bus driver, I believe?
A Yes, sir.
Q Been a bus driver for a number of years?
A Twenty-one years.
Q In and about your life as a bus driver and otherwise,
you have seen people under the influence of alcohol, (136) have
you not?
A Yes, sir.
Q Do you recognize people when they are sober, or not
sober, or under the influence of alcohol?
A Yes, sir.
Q Will you tell the jury whether or not any of the four
people that you saw, the two men and the two women,were,
in your judgement, under the influence of alcohol, and to
what extent they were, if you have an opinion about that.
165
THE COURT:
I think his answer would have to be whether or not they
appeared to be under the influence.
q Did they appear to be, in your opinion?
A Yes, sir.
q To what extent did they appear to be?
A One appeared to be drunk.
q Which one is that?
A That is the one over there.
q What about the other three?
A They were under the influence of it. I could smell
it on them.
Q Did you see Mrs. Davis' car?
A Yes, sir.
(137) Q Where was the car at this time?
A It was up on the sidewalk against the hedges.
Q Up on the sidewalk against the hedges?
A Yes, sir.
Q You mean off of the road?
A Yes, sir.
Q Did you see any other cars out there that were stopped?
A Two more.
Q Where were they?
A Well, this boy's -- this,one was in the road.
Q Was it damaged in any way?
166
A The front end of it, yes, sir.
Q Was Mrs. Davis' car damaged in any way?
A The left rear end.
Q What about the other car?
A He backed up and parked in front of my house.
Q Now, would you tell the jury what was going on out
there so far as what was being said by this person, and the
other three persons.
A Well, when I first got out there, I -- he was standing
at the back of the car, and I asked was anybody hurt, and
he said no, everything was under control.
(138) Q Were those his exact words?
A Yes, sir.
Q What else was said, if anything?
A I didn't say any more to him because I recognized
then and there he probably didn't know --
MR. NEWTON:
I object to that answer.
THE COURT:
You can't testify what you realized or what he
realized.
Q What else was said by him?
A Just right off hand, I don't think there was anything
said then.
Q What was said later on that night by him, if anything?
A Well, when the police got there, they asked who was the
driver of the car and he said, " I am." So they asked for
his drivers license.
167
q What happened in relation to the drivers license?
A Well, he was holding to the left front fender at that
time.
q Who was holding to the left front fender?
A This fellow here.
q Describe to the jury how he was holding to the left
front fender.
A He was standing just like that (demonstrating) on the
(139) left front fender.
Q Of his car?
A Of his car.
Q Now,what did he do when they asked for his drivers
license?
A He reached to get them, but he didn't get them.
Q What happened?
A Then his wife told the police she would get them, and
the police stepped back, and I didn't see which pocket she
got them out of.
Q Did she get them out of his pocket?
A She got them out.
Q Did she give them to the police?
A Yes,sir.
Q While he was standing holding on to the left front
fender of the car?
168
A Yes, sir.
Q Did I understand your testimony to be he first attempted
to get them himself.
A That's right.
Q And did you smell any odor of alcohol on this person
here?
A I did.
(140) Q Did you see him walk?
A Other than when the police took hold of him to carry
him to the car.
Q Will you describe how he walked?
A Well, I don't know exactly how I could describe that,
other than one was holding one arm and the other one the
other, and helping him along.
Q Was he saying anything at that point?
A Not at that time as I heard.
Q Now, did you see him after he got in the car?
Would you tell the jury what he did and said, if anything,
while he was in the police car.
A Well, I don't recall him saying anything in the police
car, because he and his wife were talking.
Q All right, sir.
A And I couldn't understand him. I wasn't close enough
to understand him.
Q What did he do, if anything?
169
. X didn't see him do anything other than talking with
hec*
q Now, his wife, you did see her?
A I did.
q Is she one of the four people you have testified that
appeared to be drinking?
(141) A Yes, sir.
q Did you see Mrs. Davis on that occasion?
A Yes, sir; I saw her that night.
q Was Mrs.Davis, in any way, rude to this plaintiff?
A Not that I seen.
q Did you observe any rude conduct on her part of any
kind in relation to what she said to him?
A No, sir.
MR. SPARKS:
I believe that is all, Mr. McKinsey. His lawyers
will have some questions to ask you.
THE COURT:
Do you have any questions?
MR. NEWTON:
Yes, sir.
CROSS-EXAMINATION
BY MR. NEWTON:
Q Mr. McKinsey, were you the first person in the
neighborhood there on the scene?
170
A Well, I would say I was among the first.
Q Did you get outside before Mrs. Davis came?
A She was out on her side of the sidewalk when I got
out there.
Q And when you got out there, sir, where did you go
immediately from your house?
A To the back of his car.
(142) Q And where was Jackson, this person here, at that
time, sir?
A He was at the back of his car.
Q And, in other words, you walked up to him; is that
right?
A That's right.
Q Did you have any conversation with him?
A I asked was anybody hurt, and he said, "No, everything
is under control."
Q All right. He was standing at this point at the back
of his car?
A That's right.
Q Was he leaning on anything then?
A He was leaning back against it, yes, sir.
Q He was standing at the back of his car leaning back
against in this manner (demonstrating)?
A That's right.
171
q Where were his hands, if you recall?
A His what?
q His hands, where did he have his hands at this point?
A I don't know.
q Did you see him move from the back of his car to any
other position in and around the scene of the accident?
(143) A No. I walked around to the front of the car to
see how it looked.
Q Did you stand there in the immediate vicinity for
awhile?
A In and around, that's right.
Q Did Jackson move around at all, or did he just stay
at the back of the car?
A Well, when I first seen him again after that, he was
at the front of the car, and that is where he was when the
police came up.
Q And you say you smelled alcohol on him?
A I did.
Q Was he able to talk? He was able to communicate with
you,wasn't he?
A The words that I said.
Q When the officers came, that part of the conversation
that you heard, did he make himself clear, could he be
understood?
A Yes. They understood him.
172
Q Now, Mr. McKinsey,when the police officers arrived, y0u
say they put him in the car. How did he get to the car
from where he was standing?
A The two officers helped him to the car.
(144) Q Both of them?
A Both of them. }
Q All right, sir. Then did the two officers leave the
car after getting him in the car?
A Just one of them.
Q Do you recall which one, sir.?
A Police Morrow.
Q You know both of these officers, you have known them
for some time; is that correct?
A I do.
Q And you say Officer Morrow stayed in the car?
A No. Officer Taylor stayed at the car.
Q And what did Officer Morrow do? ~
A He came back over making out his report.
Q Did he talk to you there?
A He was busy making out his report.
Q Did he talk to anyone while he was making out his
report? ,,
A Well, he asked for their drivers license,Mrs. Davis,
and he asked who seen it.
Q When you say there were others there drinking at the
173
scene who appeared to have been drinking to you, in your
judgement, other than Jackson —
(145) A The others, yes, sir.
q --Did any of them appear to be drunk?
A I wouldn't say that they were drunk. They were just
full*
q In your opinion would you say they were someone who
had had too much to drink?
A We11,no,I wouldn't say that.
q Only Jackson, in your opinion, would have had too
much to drink?
A At that time, that's right.
Q And the officers took Jackson to the car. Did he
make any effort not to go while you were standing there?
A No.
Q Did he pull back in any manner?
A Not that I seen.
Q Did they handcuff him?
A No.
Q Now,Mrs. Davis' car that you testified to as being
on the sidewalk, you don't mean that the whole car was
on the sidewalk, do you?
A All but the left rear wheel.
Q The left rear wheel was on the ground?
A It was in the gutter.
174
(146) Q In the gutter?
A That's right.
Q In other words, is there a curbstone there running along
the street?
A That's right.
Q And the front of the car was over the curb?
A And the right rear.
Q Does the sidewalk come up the curb there?
A No.
Q In other words, the front of the car was up on to
the sidewalk, and the rear of it, or the left rear was
on the ground, on the street level?
A The left rear wheel, that's right.
Q Now, Mrs. Davis' car, I believe you testified, was
not parked on the side of the street she lives on, but on the
side of the street you live on; is that correct?
A Yes, sir.
Q And the car was parked almost in front of your house?
A That's right.
Q Was the car already parked there when you came home
that evening?
A That's right.
Q So you observed the car at that time as you came
home ?
175
(j.47) A Yes.
q Now, what, if anything -- you said that you -- I
b e l i e v e you testified, correct me if I am wrong, that
you and Mrs. Davis came out at about the same time.
A Yes.
q What, if anything, did Mrs. Davis say when she came
out?
A I didn't hear her say anything because I was on one
side of the street and she was on the other.
q Did she eventually come to your side of the street
where her car was?
A Yes.
Q No police officers were there at that time?
A That's right.
Q Did you hear her make any comment at all when she got
over to the direction where Jackson and the cars were?
A No, other than she said, "He is drunk, isn't he?"
Q She,said, "He is drunk, isn't he?"
A Yes. She said, "He is drunk, isn't he?"
Q She was asking you?
A That's right.
Q Did you make a reply?
A I did.
(148) Q What did you say?
A I said yes.
176
Q Then who called the police officers at this time,
Mr. McKinsey?
A Tha t I don't know.
Q You just stayed there at the scene? Did Mrs. Davis
leave and come back.
A Yes; she left and I assume she was the one that
called them.
Q How long, sir, in your judgement, was it between the
time you heard this noise and the time the police officers
arrived?
A Between ten and fifteen minutes.
Q Did you get a chance to observe this defendant while
he was there, and just before being put into the police
car?
A Other than what I have already stated.
Q You got a chance to look at him?
A Oh, yes.
Q Did he have any blood on him?
A Any what? <
Q Blood?
A Not that I seen.
(149) Q Did he have any cuts?
A Not that I seen.
Q Did he have any swollen places in and about his face
or body?
177
A Not that I seen.
q Did he have any bruises that you saw?
A Not that I seen.
q He had none of these things? Were you there when the
police car pulled off with him?
A No. I left and went in the house.
Q But from the time you saw him when you first got there,
until the time he got in the police car, you saw none of these
things?
A I s a w n o t h i n g .
MR. NEWTON:
I believe that is all, thank you.
REDIRECT EXAMINATION
BY MR. SPARKS:
C Just one question, Mr. McKinsey.
Parking is allowed, as I understand it, on just one
side of Leighton Street?
A That's right.
Q That is the side you live on?
A That's right.
(150) Q On the side Mrs. Davis lives on, you can't park,
can you?
A No parking.
MR. SPARKS:
Thank you, Mr. McKinsey, that is all.
178
THE COURT:
All right. The witness is excused.
(Witness excused).
MR. SPARKS:
Billy Ray Frazier.
BILLY RAY FRAZIER
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SPARKS:
Q Will you tell the jury and the court your full name?
A Billy Ray Frazier.
Q Mr. Frazier, I am going to ask you to talk up so
these gentlemen can hear you, and the court and the jury,
and the court reporter.
A All right.
Q Mr. Frazier, where are you employed?
A King Chapman.
Q King Chapman Automobile Service?
A Yes, sir.
Q Where were you employed on January 23 of this year?
A Jarrett Auto Service.
(151) Q In what capacity were you employed on that day?
A I was a painter.
Q Did you do anything else on occasion?
179
A I drove a wrecker.
q By wrecker, you mean an automotive vehicle that pulls
wrecked cars; is that right?
A Yes, sir.
q On the night of January 23, did you drive a wrecker
somewhere?
A I did.
q Where did you go on January 23 with the wrecker?
A Down on South Leighton.
Q About what time of day or night did you go down there?
A I would say approximately eleven o'clock.
Q Approximately eleven o'clock, in your best judgement?
A Yes, sir.
Q How did you happen to go there? Were you instructed
by your employer, or what?
A No. I was driving the wrecker that night, and we have
a police radio, and there was a wreck given out, and I
went to the wreck.
Q When you got there, did you see this person here, if
you know his name tell us, did you see him?
(152) A Yes. He was in the police car.
Q He was in the police car when you got there?
A Yes.
Q Did you speak to him.
A I did.
180
Q Did he speak to you?
A Well, I talked to him about carrying his car in for
him.
Q What did you say to him, and what did he say to you,
if anything?
A Well, I asked him if he wanted me to take care of his
car for him, because I knew he was under arrest, and he
said, "No, there ain't nobody going to move my car".
Q What was said by you then, if anything?
A I didn't say anything else to him because it wasn't
any point in me saying anything.
Q Did you subsequently move the car?
A I did after Sergeant Morrow told me to.
Q Was there any other wrecker there?
A No, there was not.
Q You were the only one?
A I was the only one.
Q In your life, have you had opportunity to observe
(153) people who appeared to be under the influence of intoxi
cating beverages?
A Yes.
Q Did you observe this plaintiff that night as to his
appearance?
A Yes.
181
q Would you tell the jury how he appeared, in your
opinion, as to the question of sobriety or intoxication?
MR, ADAMS:
I object to that question. I don’t think he has laid
sufficient foundation for him to give an opinion. He only
saw him in the police car.
THE COURT:
Overrule the objection.
Q Please answer now.
A Yes. I would say he was drunk.
Q Did you smell any intoxicating beverages?
A I don't know, I don’t remember.
Q Now, did you see his car there on that occasion
before you moved it?
A I did.
Q Where was it located?
A It was setting approximately in the middle of the
street.
Q Did you see any other car that had been damaged?
(154) A Yes, setting on the curb.
Q It was setting on the curb? When you say setting on
the curb, would you describe to the jury how it was setting,
as best you recollect.
A Well, it had been parked there at the curb and he
hit it and knocked it partially on the sidewalk.
182
MR. n e w t o n :
I object to that and move the answer be stricken.
THE COURT:
You did not see the accident, did you?
A No, sir; I did not.
THE COURT:
I will exclude that portion that he said he hit it and
knocked it up on the sidewalk.
Q It was on the curb when you got there?
A Yes, sir.
Q Did you observe Officer Morrow and Officer Taylor while
Mr. Jackson was in the rear of the police car?
A Yes.
Q Did you observe what Mr. Jackson did while he was sitting
in the back of the police car while you were there?
A Yes, sir.
Q Will you tell the jury and the court what he did, if
anything?
A Well, I know there was one occasion he tried to get
(155) out of the car.
Q What happened on that occasion when he tried to get
out?
A Well, Officer Taylor there started to put him back in
the car, and Sergeant Morrow came up and had to help him
put him back in the car.
183
q Where was Sergeant Morrow when he tried to get out
of the car?
A He was in front of Jackson's car.
q What was Morrow doing at that time?
A He was taking information from the lady that owned the
other car.
q He came back to the car at that time?
A Yes, sir.
q What did they do,if anything?
A They put him back in the car.
Q How many times did that happen that you saw?
A That one time that I saw.
MR. SPARKS:
I believe that is all, Mr. Frazier. Mr. Frazier,
these lawyers here will have some questions, for you, please,
sir.
(156) CROSS-EXAMINATION
BY MR. NEWTON:
Q Mr. Frazier, what were the officers doing when you
first drove up in your wrecker?
A Officer Taylor was standing at the rear car door of
the squad car and Sergeant Morrow was getting information,
filling out the wreck report.
Q And where was Arthur Jackson here?
A He was at the rear seat of the police car.
184
Q What did you do then, sir?
A I talked to him about carrying his car into the shop,
or to the police station, wherever he wanted me to carry
it.
Q Were the windows in the police car up or down?
A I didn't understand.
Q Were the windows in the police car up or down?
A I don't remember.
Q Did Jackson say anything to you?
A The only thing that he said to me, I gave him a card
from the wrecker shop and told him who I was, told him
I was the wrecker driver, and asked if I could take care
of his car for him; and he said no, he wasn't going to let
anybody move his car.
Q After then did you leave the vicinity of the police
car?
(157) A I did. I stepped back in front of the car.
Q Where was Officer Taylor at that time?
A He was standing at the rear door of the police car.
The rear door was open on the police car, and he was standing
there by the door.
Q Then did you get any instructions from either of
the officers to move the car? >
A Later on I did, after the report and all was completed
and they were going to leave with him.
Q In other words, you stayed there until actually they
185
had gone with him?
A No. I left before they d i d .
q You left before the officers d i d ?
A That's right.
q Now,when did you see Jackson trying to get out of the
car, where were you then?
A I was standing just down in front of his car.
q Down in front of his car?
A Where I had parked my wrecker.
Q Were you standing at the wrecker?
A I was standing near the wrecker.
Q Were you doing anything?
A I wasn't doing anything.
(158) Q You were looking then at the police car?
A I was.
Q What did he do when he tried to get out?
A He was just trying to get out of the car, and they
told him not to get out, and he was going to get out anyway.
Q He was going to get out anyway?
A He did get out, as far as that goes.
Q Which side did he get out on?
A The left side.
Q You say Officer Taylor put him back in the car?
A And Sergeant Morrow.
Q
A
Did he struggle with him to get him back in the car?
Yes, he did.
Q What did he do?
A He just tried to get loose from them.
Q How did he try to get loose?
A He just jerked loose from them and tried to stay on
the outside of the car.
Q By flailing his arms, and that sort of thing?
A Yes, sir.
Q You formed an opinion that the man was drunk from
standing up and the police car and talking to him? What
(159) caused you to form the opinion he was drunk?
A Well, I don't think it would be very hard to look at
man and tell if he was drunk or not, especially if he was
trying to stand up.
Q I believe you said when you talked to him he was
sitting in the car?
A He was, when I talked to him.
Q I believe you stated on direct examination, and
correct me if I am wrong, you felt there was no further
need to talk to him because you could see his condition.
At that time he was sitting in the car; is that right?
A No; I didn't say because of his condition, no. I
was merely saying there wasn't no point in me talking to
him because he had already told me he didn't want me to
187
move his car.
q When did you first make up your mind that he was
drunk?
A By the way that he was acting down there.
q What do you mean by acting?
A He was talking loud.
Q Let me ask you something, sir, can you form an opinion
about a man being drunk that you had never seen before that
you didn't know? Some people are loud and some are quiet
normally, isn't that true?
(160) A That's right.
Q And if you have never seen a man before, can you form
an opinion as to whether he is drunk, based on how loud
he talks?
A No, not just how loud he would talk, but I did talk
to him, and I did see his actions down at the scene of
the wreck.
Q What actions were those?
A By him trying to get out of the car, and the way
he was talking.
Q If a man tries to get out of the car because he
did not want to be in it, he is drunk?
MR. SPARKS:
We object to that question.
THE COURT:
That is argumentative. Sustained.
188a .
V; 1
You mean he talked like he was drunk?
A That's right. I also saw him at the police station.
Q You saw him at the police station?
A Yes, sir.
Q What did you go there for?
A To carry his car.
Q What happened at the police station.
A They almost had to carry him in the police station.
Q What do you mean carry him in the police station?
(161) A They had him under the arms carrying him along.
Q Did you go in the police station?
A Yes, sir.
Q Were you in and around the area of the desk?
A I was at the desk.
Q How long did you stay there?
A When they came in,I left going out.
Q You didn't see anything else?
A No, sir; I didn't.
Q Were you required to ask someone whether you can move
a wrecker off of the city streets?
A Yes.
Q From what person or persons do you get that authority?
A Either from the owner, or by the police that investi
gates the wreck.
191
q B u t y o u d i d , i n f a c t , g o t o w o r k a t e l e v e n o ' c l o c k
t h a t n i g h t ?
A T h a t ' s r i g h t .
q W h a t i s t h e f i r s t t h i n g y o u d i d a f t e r y o u w e n t t o
work on t h a t n i g h t , i f y o u r e c a l l ?
A We g o t i n t h e c a r .
Q And where did you go in the automobile?
A We w e n t s o u t h o n L e i g h t o n A v e n u e t o p i c k u p O f f i c e r
Thomas.
(164) Q Is Officer Thomas also an employee of the Anniston
Police Department?
A He is a policeman.
Q W h e r e d o e s h e l i v e ?
A 809 South Leighton.
Q You say we went, who else went with you?
A O f f i c e r Douglas and M r . L e e M o o r e .
Q Was this an unusual circumstance of you going to p i c k
up Officer Thomas, or did you frequently go to pick u p
Officer Thomas down there?
A We did it every night.
Q 809 South Leighton, is that the address?
A Yes, sir.
Q How far is that from Leighton between D and E Street^
a p p r o x i m a t e l y ?
192
A Four or five or six blocks.
Q Did you have to pass there to go in a most direct route
to where Officer Thomas lives?
A Yes,if you go down Leighton, you do.
Q Did you go down Leighton that night?
A We went down Leighton.
Q When you arrived in the 300 block of South Leighton
between D and E, what did you observe, if anything?
(165) A Yes, sir. The street was blocked.
Q Will you tell the jury how the street was blocked
physically?
A There was a car that had hit another car and knocked
it up on the sidewalk.
Q A car had hit another car and knocked it up on the
sidewalk?
A Yes, and another car was down on the street.
Q Was there another car there?
A I don't remember.
Q Did you see any people there on that occasion?
A Yes. There was several people there.
Q What did you do, if anything, in respect to what you
saw?
A Well, we don't answer wreck calls, the detective depart
ment, so I picked up the mike and told the sergeant he had
a wreck between D and E on South Leighton.
193
q Was that Sergeant Reed?
A I think he was on duty.
q What did he say, if anything?
A We have already got a car on the way.
q What did you do, if anything?
A We backed up and went around and hit Christine, and
went down a couple of blocks, and went down to Officer
(166) Thomas' house and picked him up.
Q You did not go through on Leighton?
A No; we did not.
Q You picked up Officer Thomas, and what did you do
then?
A We had to wait on him a few minutes, and we went down
and hit Quintard and came back up Quintard,
Q Then where did you go?
A To the city hall.
Q Where is that located?
A 12th and Gurney.
Q Is that where the jail is?
A Yes, sir.
Q Is that where the desk sergeant is?
A Yes, sir.
Q Is that where prisoners are booked, that is what you
call it, isn't it, booked?
A That's right, booked.
194
Q After you got back up did you see Officer Taylor and
Morrow?
A I did.
Q There are in the Anniston Police Department?
A Yes, sir, uniform service.
(167) Q Where did you see them?
A When we pulled up in front of the city hall, there
was a car right at the door, and we double parked to
let Thomas out.
Q When you say you double parked, who did you double park
with?
A I don't know whose police car, and Officer Douglas and
Thomas were talking, and I looked in the door and you can
see in the door of the city hall.
Q Explain to the jury how you can see in the door of
the city hall.
A From the sidewalk you have two big glass doors.
Q When you say big glass doors, about how wide and
how tall are they, in relation to that door?
A I would say about the size of that.
Q Well, that means from top to bottom?
A That's right.
Q Clear?
A Clear,
Q All right, sir.
L95
̂ When you walk inside the city hall, about as far
as from here to that gentleman there, or maybe not as far,
there is two or three steps that go up, and when you get
up those steps there is kind of a little hallway there,
and the desk sergeant is on your right, and there is
open glass where we carry the prisoners because we search
them in front of the desk sergeant,
Q Do I understand you to be testifying from where you
were standing --
A I was sitting.
Q You were sitting in the police car?
A I was sitting in the police car on the right front
seat.
Q Tell the jury and judge what you saw, if anything,
looking through the glass door from where you were sitting
in the police car.
A They got this man up to the booking counter --
Q When you say they, who are you talking about?
A Taylor and Morrow.
Q Who did they have with them?
A They had Jackson, the fellow right there. (Indicating)
Q You recognize him in the court room?
A Yes, I know him.
Q Go on.
A So Morrow, it seemed was reaching -- he went on around
196
him, or he was on the left side of him, and he was reaching,
(169) what I would say for an arrest slip, I don't know for
sure, and Taylor was, looked like he was trying to put his
hand in his pocket, and Jackson made contact with him.
Q When you say made contact, what do you mean?
A He turned on him like this. (Indicating.)
Q On Taylor?
A On Taylor.
Q All right.
A And then Morrow came back up and he got hold of his
left arm, and Taylor grabbed his right arm, and all three
of them fell in the floor.
Q All right.
A There was a spittoon and the spittoon went back behind
them. Then they come up, then they reached down and picked
him up, and they went out of my sight, and that is all I
seen.
Q Now, how long had Sergeant Morrow been in the Anniston
Police Department, the best you remember?
A I will say between ten and fifteen years.
Q How long has Mr. Taylor been in the Anniston Police
Department?
A He has been there a very short time,
Q What is a very short time?
197
̂ I will say between one and three years.
q Does the Anniston Police Department have any policy,
in so far as you know, respecting the carrying of black-jacks,
is there any policy?
MR. ADAMS:
I object to that, Your Honor, what the policy is is
not the issue. The question is whether they did or did not
on this occasion --
THE COURT:
I will sustain the objection.
Q How often, in and about your duties, and in and about
the duties of Sergeant Morrow, do you have occasion to
see Sergeant Morrow?
A Well, I used to work on the same shift he did, and
worked with him. I have worked in the car with him.
Q Do you see him daily, or almost daily?
A Almost every day.
Q Has that been true for the past ten or fifteen years?
A That's right.
Q I will ask you if you have, during that time, ever
seen him carry a blackjack.
MR. ADAMS:
I object to that.
THE COURT:
Overrule the objection.
198
A I have not.
Q How often do you see Officer Taylor?
(171) A About the same, I go to work at: seven, and they
don't get off until eight. I see them every morning.
Q In the one to three years Officer Taylor has been
employed on the police force, have you ever seen him carry
a blackjack?
MR. ADAMS:
I object.
THE COURT:
Overrule the objection.
A No.
MR. SPARKS:
That is all, thank you. Now, they might have some
questions for you. I am sure they will.
CROSS-EXAMINATION
BY MR. ADAMS:
Q Detective Meads, you say that you saw this incident
between Mr. Jackson and the officei by looking through the
doors, the glass doors of the city hall building* is that
right?
A That's right.
Q Do you have any idea how far, in terms of feet, you
were away from where this thing happened?
A I am just going to guess because I don't know for
sure, but I will say it is between twenty and forty feet.
q Now —
A Let me correct that, I will say between thirty and
(172) fifty feet because there was a car parked in front.
Q Now, you say when you go in the city hall building,
through those doors there is a flight of steps you go
up before you get to the desk sergeant's desk?
A Yes. There is about two or three steps, I don't
know exactly how many, but there is a few steps there
Q Are there any steps you have to go up before you
get to the two glass doors?
A No. They are right on the sidewalk.
Q Right on the sidewalk?
A That's right.
Q And then there are some few steps and then are there
any other doors before you get into the city hall?
A No. You go into a little short hallway then.
Q Now large is this hallway, what is the length of it?
A The hallway, of course, leads off to the right just
as you get up the steps. And there is hallway that leads off
to the left, and the one that goes straight ahead, but in
this little area where I will say it is larger than that
table there, the big table you are at there.
Q How much more larger would you say?
A Not too much.
But there is no other doors at all between the deskQ
2 0 0
(173) sergeant's desk and the two glass doors you go in
the front?
A No.
Q Now, where were you when you saw the defendant, that is,
the plaintiff in this particular case, when he went into
the city hall building itself?
A They were going up those steps as we pulled up.
They had done entered the door and were going up the steps.
Q Well, tell the judge and jury here what was this
plaintiff doing, that is, Jackson doing when they were taking
him up the steps.
A Well, now, every one of them had hold of his arms
as they were going up the steps. They were getting right
to the top of the steps just as I seen then.
Q He was just being carried along with them, is that
what you are saying?
A I don't know before that, but when I seen them they
were getting right to the top of the steps and you have
to walk over in front of the booking counter.
Q They were walking up the steps with him when you
arrived; is that right?
A That's right.
Q What, if anything, was Jackson doing other than walking
up the steps?
(174) A It seems he was trying to keep from going up them.
2 0 1
q What did he do?
A He was pulling back, and you could tell they had to
use a little more strength than you would if you had
a normal drunk that wasn't giving you trouble.
q But they both had their arms under his arms; is
that right?
A Had their hands on his arms on each side.
Q I see. He was not handcuffed, or was he handcuffed?
A If he was, I couldn't see them.
Q All right. When he got up to the desk sergeant, you
say he had done something, tell us again what you say
he did.
A When they walked up, Officer Morrow, when he was stand
ing in front of the booking window, Officer Morrow would
be on his left, and Officer Taylor was on this side, and
Officer Taylor first looked like he was patting his pocket,
and then he looked like he was going to put his hand in his
pocket, and that is when they made contact. Officer Morrow
ran back and got hold of this arm and Officer Taylor got hold
of this arm, and that is when they all three fell.
Q Did you see the plaintiff swing his fist or anything?
(175) A Not his fists.
Q Did you see him swing his arm?
A His arm came around this way (indicating), and made
contact with Officer Taylor because it moved Officer Taylor
back.
2 0 2
Q Did it hit him once or more than once?
A That is all I seen, because they immediately got hold
of each arm then.
Q Did they use their hands to hold both of his arms, or
what?
A Yes; they were using their hands.
Q They were using eir hands?
A That's right.
Q And you saw -- what did you see after they put their
hands on both of his arms?
A He was scuffling, and that is when they all fell.
Q All fell at the same time?
A They all fell at the same time.
Q They did not have anything but their hands on his
arms; is that what you are saying?
A That's right.
Q And did you see his body strike anything?
A I didn't see anything strike anything, but I know
(176) they hit the floor the way they fell because I seen
a spittoon when it came back from under him, because it
was in pieces and it came apart.
Q Did you see his face hit the spittoon?
A No, sir; I did not. After that I did not see his
face.
Q Did you see what part of his body hit? Did he fall
203
on his back or on his face?
A He fell on his face. All three of theta fell on
their faces.
q All three of them fell on their faces?
A All faces down.
Q Face down?
A Yes, sir.
Q Then what else did you see?
A They got up, picked the can up and went to my left --
I mean back down the hall where you go down to the jail, and
I imagine they carried him to jail.
Q Did you ever see Officer Morrow strike the plaintiff
here in his face with his fist?
A I did not.
Q Did you see him kick him in the face?
A I did not.
Q After you saw this incident, did you go to see what
(177) was going on in the city hall?
A I did not.
Q What did you do after that happened?
A We put the officer that was with us out and went
on about our business. We didn't do any investigation
work on it.
Q What size spittoon is that, do you know?
A I am going to guess it is about eighteen inches or
two feet tall and about this big around (indicating) on top.
204
There is a section that comes off the top and when you clean
it, there is a place in there you can take out to clean.
Q Do you know what type of material it is made out of?
A It looks like some kind of metal.
Q Do you know what type metal it is?
A No; I don't.
Q And do you know whether it has sand in it or not?
A I am pretty sure it has got sand in it,
Q And are there any sharp surfaces to this particular
spitoon that you know of?
A Where it comes around the top, you wouldn't say it
was real sharp — well, ycu could say there was partially
a sharp surface, especially if it had come apart.
(178) Q Not ordinarily when it is not apart it is a
smooth surface?
A Yes, it is smooth, it is rounded at the top.
Q Now, you say that you go to work at eleven o'clock?
A That's right, I did then.
Q You did?
A I did then. We were rotating at that time.
Q Did you go to work at eleven o'clock on the night
of January 23, 1965?
A I did.
Q Can you tell us how you know you went to work at that
time on that date?
205
A Because I seen this thing happen and that is the date
it happened on.
q In other words, you determined it was eleven o'clock
because you saw this happen at that time?
A No, that is not the reason why. I know I was going
to work then every night at eleven o'clock except four days
a month.
Q You didn't look at the clock when you came in, did you?
A Well, they picked me up about ten-thirty at home, and
I let them off.
Q Did you look at the clock or watch?
(179) A I looked at the clock to see if it was time for
them to come get me.
Q Then you went from home to the city hall and left
to go to get Officer Thomas?
A Yes, sir.
Q How far does he live from City Hall?
A It is 809 South Leighton and I don't know exactly
how many blocks it is.
Q You took this other officer with you?
A No. I took another man, an officer and another man.
Q Did Officer Douglas and Officer Lee Moore go with you?
A Lee Moore is not an officer. He is a retired postman
that rides with us sometimes.
Q You took Officer Douglas and Mr. Moore?
206
A Yes, sir.
Q And you all came back to City Hall in the same car?
A That's right. And we had Officer Thomas in the car
when we came back.
Q And that was about what time?
A It was sometime after eleven o'clock, between eleven
and twelve o'clock, because Officer Thomas has to be there
a t twelve.
Q Did you immediately leave City Hall and go to pick
(180) up Officer Thomas?
A Well, yes, I would say within two or three minutes of
eleven o'clock.
Q You didn't see this plaintiff at the scene of the
accident, did you?
A Yes. There was about four or five colored people
there. They were standing on the left.
Q You didn't talk with him?
A No.
Q You don't know what his condition was as far as
drunkenness is concerned, do you?
A The way he was acting down there, I would say he was
drunk.
Q What do you base that on?
A When they were trying to get him up the steps.
Q You mean the time you saw him at the city hall,
not down at the accident, is that what you are talking about
207
A I atn talking about when I seen him at the city hall.
Q But you have seen people resist arrest who were not
drunk, haven't you?
A A few.
Q That is the only basis for saying he was drunk, was
(181) going into the city hall building?
A And he was loud talking down at the scene of the
accident.
Q What did you hear him say?
A Just talking about he -- I don't know what his con
versation was. I wasn't paying that much attention to it
because there was another man trying to talk to me on
the other side.
Q You don't know what he said?
A No; I don't know what he said.
Q You don't know whether he talks loud generally, or talks
soft, do you?
A No.
Q On the basis of that, you don't know whether he was
drunk, do you?
A No, not actually,
Q And you wouldn't know whether he was drunk because
he was trying to pull back?
A No, but that is what I assumed.
Q You are a good friend of Officer Morrow and Officer
208
Taylor, are you not?
A We are all friends down in the police department.
Q One other question. Did both parts of that spittoon
(182) roll behind these people when they fell?
A I am pretty sure it did. You can just see it come
out there and roll back behind them.
Q Both parts you would think rolled?
A There was actually three parts to if.
Q All three parts rolled; is that right?
A I am not going to say that for sure, but I seen part
of the spittoon rool back,
Q What part of the arms of the plaintiff did the officer
have?
A Between his elbow and his shoulder.
MR, ADAMS:
I think that is all,
MR. sparks:
That is all.
THE COURT:
All right, you can come down. The witness is excused
unless there is objection,
(Witness excused)
MR. sparks:
Mr. Lee Moore, please,
THE COURT:
I hope we will avoid purely accumulative testimony,
209
Mr. Sparks.
LEE MOORE
being first duly sworn, testified as follows:
(183) DIRECT EXAMINATION
BY MR. SPARKS:
Q Will you give us your name, please, sir.
A E. L. Moore.
Q Mr. Moore,are you in any way connected with the Anniston
Police Department?
A No, sir. I just go around with them sometimes.
Q You are retired, I believe?
A Yes, sir.
Q You formerly worked for the post office here?
A Retired post office employee.
Q You are not an employee of the police department
either on part-time or full-time basis, and never have been?
A Never have been.
Q Directing your attention to the night of January 23,
were you in the Anniston Police Department on that night?
A Yes, sir.
Q At about what time did you go down there?
A Mr. Meads picked me up at home, I guess around ten,
after ten o'clock.
Q Where did you go from your home?
A We came to the city hall.
2 1 0
(184) Q How long did you stay at City Hall?
A We didn't stay too long.
Q Where did you go from there?
A We went down and hit South Leighton?
Q Where were you sitting?
A I was sitting on the right hand side of the car on
the back seat.
Q Did you see anything on South Leighton between D tnd E
Street?
A Yes, sir.
Q Describe very briefly to the jury what you saw.
A There was a car that had been hit there and there
was lots of conversation going on all over there. So
we called the police station and told them there was a
wreck down there. And I don't know who the desk sergeant
was, but anyway he said he already had a call on it.
Q What did you do then after you got that information?
A Well, we pulled on off after this car pulled up.
Of course, we didn't know who was in the car, but there
was lots of loud talking going on. So we didn't know
what was going to happen, so we decided we had better
stay there until a car got there, and we stayed there until
(185) a car got there, and we stayed there until the car
got there and we pulled off and went down and picked
2 1 1
policeman Thomas up.
Q Did you pick him up at his home?
A Yes, sir.
Q That is 809 South Leighton?
A Yes, sir.
Q Then where did you go?
A We came back -- we checked a few places around on the
way back, and we come back to the city hall.
Q Did you park there to the side of the city hall
in front of the city hall?
A Yes. We double parked there.
Q Now, did you see Officers Morrow and Taylor at that
time and place?
A Yes; I did.
Q Did they have anybody with them?
A Yes. They had a colored man.
Q Do you recognize him in the court room?
A Yes, sir.
Q Would you point him out?
A Yes, sir, right over there. (Indicating)
Q Sitting in the middle?
(186) A Yes, sir.
Q Was he with Officers Morrow and Taylor?
A Yes, sir.
Q Would you describe to the jury very briefly what you
saw those three individuals do, if anything, on that
2 1 2
occasion, and where they were, and where you were.
A Mr. Thomas got out of the car, so we were standing
there and we walked in and saw Mr. Morrow and Mr. Taylor there
in the hall, and all of a sudden we saw, looked like they
were searching him, I don't know what was going on, anyway,
the cuspidor, it fell and all of them fell, so they picked
him up and went on down the hall and we pulled on off on our
own business.
Q Did you see either Officers Taylor or Morrow kick him?
A No.
Q Did you see them blackjack him?
A I did not.
Q Did you see them hit him with a stick?
A I did not.
Q Fist?
A I did not.
Q Foot?
A I did not.
(187) MR. SPARKS:
Your witness. They will want to ask you a few questions.
CROSS-EXAMINATION
BY MR.NEWTON:
Q Mr. Moore, how long would you say, in your judgement, si?
you were parked there by the city hall, how long a period
of time would you say you had been there when you saw this
incident take place?
213
A I couldn't say for sure, but I would say a few minutes
q And one of the officers got out, did he go on in
the city hall?
A He went somewhere. He was supposed to go to work
later on,so I don't know where he went. He got out of the
car.
Q And who else was still in the car then?
A Mr. Meads, and Mr. Douglas was driving, I believe, I
am not sure,and I was in the back seat.
Q Did all of you get out and stand there a minute or
something?
A No. We just set there looking.
Q Did Mr.Meads get out of the car?
A No. We sat and waited and looked.
Q You sat and looked?
(188) A Yes, sir.
Q You were in the back seat?
A Yes, sir.
Q On the right?
A On the right hand side of the car.
Q Opposite the driver?
A That's right. Mr. Thomas was on my left.
Q Mr. Thomas was driving?
A No, Mr, Douglas was driving. We just picked Mr. Thoma
up.
214
Q And where was Mr. Meads sitting?
A He sat in the front seat in front of me.
Q Who was sitting at the steering wheel?
A Mr. Douglas.
Q There were three of you sitting in the car after the
other officer got out?
A That's right.
Q And when you first arrived there, did you have
occasion, sir, to look through the door there?
A Yes, sir.
Q And what did you see when you first got there?
A I saw Mr. Morrow and Mr. Taylor and that colored man.
Q And where were they?
(189) A They were standing up at the place something like
this where they search them.
Q Are there some steps there, Mr. Moore, in the city
hall?
A Yes.
Q They were already up the steps when you got there?
A Yes. There were probably at the top step.
Q In other words, when you got there, the officers were
making a search?
A Yes. They were trying to search him,
Q They had already gotten up the steps and were up there
at the desk?
215
A That's right.
Q Now, is this the only shift you ride with?
A No. I ride sometimes from four to twelve, and sometimes
from eleven to seven.
Q Did you ever ride with any uniformed officers?
A Yes, sir.
Q Have you had occasion to ride with Officer Taylor and
Officer Morrow?
A No. I never have been with them.
Q You know them, though, don't you?
A Yes; I know them.
(190) Q Now, you said you saw a cuspidor fall. Did
anything happen to the cuspidor?
A Yes. It rolled out there and made a lot of noise
when it turned over.
Q Was there anything in it, Mr. Moore, in the cuspidor?
A I am pretty sure there was.
Q But on this occasion did you happen to see anything?
A I didn't see anything.
Q That cuspidor is kind of round and bigger at the top
than at the bottom; is that right?
A That's right.
Q And did the whole thing roll across the floor?
A The whole thing rolled out in the floor.
Q I see. Did the cuspidor fall before the people fell?
A It seemed like they all fell about the same time, as
far as I could tell.
216
Q Are you paid anything by the City of Anniston, or is
just voluntary?
A I beg your pardon?
Q Are you paid anything by the City of Anniston, or
is this just voluntary?
A Voluntary. I never have drawed a penny.
Q You said something, I believe, Mr. Moore about they
(191) were talking loud. How many people did you see out there
in the car near Leighton Street?
A On Leighton?
Q Yes, sir.
A I don't remember how many but there were several people
out there, and there was lots of loud talking going on. That
is the reason we stayed there after we called the station
that there was a wreck there.
Q Did any of you in your car get out of the car?
A No; we did not.
Q How close would you say, in your best judgement, sir,
were you to the accident?
Q Well, I couldn't say positive, but I imagine that
street is about probably twenty feet wide, and our car was
parked over here, and these people were talking so it
couldn't have been too far away.
Q Could you have driven through that street if you had
wanted to keep on through that way?
A Yes.
217
q There was room you could have gotten through?
A Yes. You could get through. It would have been kind
of hard to do, but you could have gotten there alright.
Q If the people had gotten out of the street, you could
(192) have gone through?
A Yes.
Q D i d y o u g o t h r o u g h t h a t n i g h t ?
A Yes; we went on through.
Q You went right on through the street where the wreck
was?
A Yes, sir.
Q Are Officers Morrow and Taylor friends of yours?
A I just know them when I see them. I have been knowing
them a pretty good while, but they are no special friends
of mine.
Q You know most of the policemen down there generally?
A Yes, sir.
Q You have occasion to talk with them down there?
A That's right.
MR. NEWTON:
I believe that is all, sir.
MR. SPARKS:
No questions, Your Honor.
THE COURT:
All right. The witness is excused.
(Witness excused.)
218
THE COURT:
We will recess until 1:15. Be back at 1:15 and don't
talk to anybody in the meantime about the case.
(NOON RECESS)
(193) November 12, 1965 1:15 P.M.
AFTERNOON SESSION
THE COURT:
Call your next witness, please.
JAMES REED,
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SPARKS:
Q Will you give us your full name, please.
A James Reed.
Q Mr. Reed, what is your employment?
A Desk Sergeant, City of Anniston Police Department.
Q How long have you been employed in the Anniston Police
Department, Sergeant Reed?
A March this next year will be eleven years.
Q Directing your attention to the night of January 23,
were you on duty?
A Yes, sir.
Q What time were you on duty that night?
A I go on duty at twelve, but I always relieve the desk
sergeant early and check up the cash drawer and get what
details I need.
219
q You were going on at midnight?
A Yes, sir.
(194) Q But you, in fact, checked in early?
A In order to relieve the other man.
Q What time did you check in before midnight?
A I will say between eleven-thirty and twelve o'clock.
Q Between eleven-thirty and twelve o'clock?
A Yes, sir. I don't know the exact time, sir.
Q On that occasion did you see Officers Morrow and Taylor
any time that night?
A Yes,sir.
Q About what time did you first see them that night?
A Between eleven-thirty, at the time I went to work,
between eleven-thirty and twelve. I will say right after
I went to work a little while.
Q Did they have anyone with them when you saw them?
A Yes, sir,
Q Who did they have?
A They had a guy bringing in from the outside drunk.
Q Do you see that person in this court room?
A Yes, sir.
Q Will you point him out?
A Yes, sir. (Indicating)
Q Is that the person sitting in the middle?
A Yes, sir.
2 2 0
Q Do you know his name?
A Yes, sir. I know his last name.
Q What is his last name?
A Jackson.
Q Will you very briefly tell the court and jury what
happened, if anything, while you were looking at them?
A Phrase that again.
Q Will you tell the court and jury what occurred, if
anything, while you were observing those three people?
A Well, when I seen them, they were down over the spittoon
sitting outside my office window out in front.
Q Were they standing up, or what, when you first saw
them?
A They were coming up over it.
Q Is that the first time you saw them?
A When I looked up and they brought them in, I was busy,
and I heard a racket, and looked up and they were coming
up.
Q About how long did they take in terms in time?
A Just seconds, I would say, from the time I heard the
racket, and it drawed my attention to look up.
Q Did you observe them after that?
A Yes, sir.
(196) Q Did you observe Jackson after that?
A Yes, sir.
Q Have you had, in your duties as Desk Sergeant, and as
2 2 1
a policeman in the city of Anniston, an opportunity to
observe people in the past who appeared to be under the
influence of intoxicating beverages?
A Yes, sir.
Q Will you tell the court and jury whether or not, in
your opinion, Jackson appeared to be intoxicated at that
time and place?
A Highly intoxicated.
Q Now, did you observe Officers Morrow and Taylor?
A Yes, sir.
Q Do you know whether or not either one of them had a
blackjack or nightstick on their person on that occasion?
A No, sir.
Q You don't know, or they did not?
A I didn't see them.
Q You did not see it?
A No, sir.
Q How often and frequently do you see Officers Morrow
and Taylor when they are on duty, every day?
A Every day.
(197) Q Do you see them more than once a day?
A Yes, sir.
Q How long have you been in the Anniston Police
Department?
A March will be eleven years.
Q How long has Officer Morrow been on?
2 2 2
A Fifteen years.
Q Officer Taylor?
A I would say two years.
Q Did you see either one of them ever carry a blackjack?
MR. NEWTON:
I object to that.
TEE COURT:
You might ask if he knows whether or not they carry
blackjacks.
Q Do you know whether or not they carry a blackjack?
A They don’t.
Q Have you ever seen them with one?
A No, sir,
Q Directing your attention to approximately two o'clock
in the morning on that same night, did anything occur in
relation to Jackson at that time? Did you hear from him
i n any way?
A I heard a banging on the door. I didn’t know
(198) who it was.
Q Did you hear any sound from him orally by voice?
A No, sir.
Q Did you send anyone to see what the banging was?
A Yes, sir.
Q Who did you send?
Lieutenant Crow.A
223
MR. SPARKS:
Thank you, that is all. They will want to ask you some
questions, Sergeant.
CROSS-EXAMINATION
Q (BY MR. NEWTON:) Mr. Reed, was anyone else on the desk
with you on this occasion you just testified about?
A I believe the other Desk Sergeant had already gone.
Q And you were the only one there at that time?
A That's right.
Q You didn't get a chance to observe Officers Morrow
and Taylor as they were entering the building, did you?
A Just heard the commotion coming in the door.
Q You didn't see them though?
A I couldn't see where I was sitting.
Q Now, f r o m where your Desk Sergeant's desk is, can
you see straight out the door?
A That's right.
(199) Q You can look out all the way outside?
A Out to the hallway. I can't see out the door, but I
can see out to the hallway.
Q You can see out to the hallway?
A That's right.
Q Can you see all the way out the front door?
A No; I can't.
Q If I were outside the front door, could I see inside
the building and see you? Could I see the Deak Sergeant's
224
desk in the area where you book people if I was outside?
A No, sir.
MR. NEWTON:
That is all.
REDIRECT EXAMINATION
BY MR. SPARKS:
Q Sergeant, you have testified they can't see you.
There is a wall there, is there not, between the hall and
your desk?
A That's right.
Q When they bring people up, there is a counter there,
isn't there?
A That's right.
Q Standing at the counter, I will ask you -- and the
(200) door from the counter would be to the left?
A Yes.
Q From the counter, standing in front of the counter, can
people from the outside see to the edge of the counter?
A Yes, sir.
Q And you are inside of that?
A Yes, sir. I am in a place like this.
Q They can see to here, but they can't see here (indicat
ing); is that right?
A That's right.
MR. SPARKS:
That is all.
225
RECROSS EXAMINATION
BY MR. NEWTON:
Q W h a t w o u l d p r e v e n t t h e m f r o m s e e i n g y o u f r o m t h e
outside?
A A partition. There is a partition — facing this way is
the room, and the window is like this, I can see out the
window, but I can't see through here (Indicating). If I
was standing outside I could see to the street.
Q I believe you testified earlier that something fell, or
you heard a racket, then you saw them getting up.
A That's right.
Q Then did they book him in at your desk after they
(201) got up? Did they turn over any personal effects to you
after they got up, after you heard this racket?
A I don't remember on the very first occasion because
I was checking my cash and my receipts, and it is just a
regular routine. I wouldn't say what they did at the time
being because I would be afraid to say.
Q Now, what made the racket that you heard?
A This little spittoon setting outside my desk there
turned over.
THE COURT:
Then you stood up?
A I raised up.
THE COURT:
A n d t h e y w e r e c o m i n g u p a t t h e t i m e ?
226
A Yes, sir.
Q When this thing turned over, did you see it?
A No; I didn't get up to see it. I just heard the
racket.
Q Now, did you get a chance to observe Officer Morrow and
Officer Taylor and Jackson when they got up, did you look
at them?
A I did.
Q Was there anything unusual about their appearance?
A No, nothing unusual.
Q See any scars, or bruises or anything on either
(202) one of the three?
A The only thing, one had each arm bringing him up.
Q At the time he got up, did you see any blood or scars,
or bruises on Jackson?
A No, sir.
MR. NEWTON:
That's all.
MR. SPARKS:
That is all, thank you.
THE COURT;
The witness can be excused.
(Witness excused)
MR. SPARKS:
Lt. Frank Crow.
227
LT. FRANK CROW,
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SPARKS:
q Will you give us your full name, please.
A Frank 0. Crow.
Q What is your occupation?
A Police Lt. for the City of Anniston.
Q Are you in charge of one of the shifts at the
present time?
A Yes.
Q Were you in charge of one of the shifts on the night
of January 23, 1965?
(203) A Yes.
Q What shifts were you in charge of, Lt.?
A Third shift.
Q What time did you go to work?
A Twelve o'clock.
Q Directing your attention to approximately two o'clock
in the morning, where were you at or about two o'clock
in the morning that day? Of course, it had become the
24th by then.
A I was in the police building.
Q Did you speak to Sergeant Reed at that time?
A Yes.
Q Did he ask you, or request you to do anything?
228
A We discussed something.
Q What did you discuss? Don't tell us the conversation,
just what did you discuss?
A Discussed a noise that was upstairs in the jail.
Q Did you go to investigate the noise?
A I did.
Q Did you ascertain what was causing the noise?
A I did.
Q What was causing the noise?
A Somebody beating on the door, the cell door, It
(204) is a steel door and it makes a terrific noise. You can
hear it downstairs.
Q Did you hear it downstairs while you were discussing
it with Sergeant Reed?
A Yes, sir.
Q Was it a loud noise or small noise?
A It was loud enough to hear it downstairs,
Q You did go up there?
A Yes, sir.
Q And there was someone beating on the door?
A Yes, sir.
Q Do you know who that someone was?
A I do.
Q Who was it?
A Arthur Jackson.
Q Is he in the court room?
229
A Yes.
Q W o u l d y o u p o i n t h i m o u t ?
A The one in the middle (Indicating).
Q Have you had experience in the course of your duties
as a police officer to see intoxicated people?
A Yes, sir.
Q At that time and place at two o'clock in the morning,
(205) state what he appeared to be in relation to sobriety
or the lack of it.
A He was drunk, the action showed he was drunk, and
his speech.
Q Did you talk to him?
A Very briefly.
Q What did he say, if anything?
A I first stated — wanted him to quieten down,quit
beating on the door, there were others in the building
besides himself.
Q What did he say ?
A He wanted out. I replied that most everyone up here
does.
Q What did he say then?
A From there on I don't recall, it was very brief.
Q Did he make any complaints at that time about being
injured?
A No.
Q Did he request any medical attention?
230
A No, sir.
Q Did you observe any injuries on him at that time?
A No, sir.
MR. SPARKS;
Thank you, Lieutenant, they will want (206) to ask you
some questions.
Your witness.
CROSS-EXAMINATION
BY MR, ADAMS:
Q I believe this is Officer Frank Crow; is that correct?
A Lt. Frank Crow.
Q Lt. Crow, the first time you saw this person was
at two o'clock in the morning; is that right?
A In the neighborhood of two o'clock, it could have
been a little before, but I wouldn't think it would have
been after two.
Q You talked with him at that time?
A Briefly.
Q Could you see whether he was injured or not at that
time?
A I could not. I didn't go up to observe that.
Q You went up to do what?
A I went up to see who was making the noise that I
was hearing downstairs.
Q Did you get -- how close did you get to this person?
A Oh, I stood in the doorway of the cell there, and
231
there wasn't too much light up there. I would say we burn
a 40 or 60 watt bulb and the halls are kind of dark,
(207) and the illumination, I would say, is poor.
Q Did he say anything to you then about being injured?
A He did not.
Q When was the first time you discovered he was injured?
A I believe I saw him as he was leaving the next morning,
and at that time I.noticed a bruised spot somewhere on his
face. I wouldn't say exactly where.
Q What time was this?
A I don't recall. It would have been before eight
o'clock, though, because I go off duty at eight.
Q When you saw that, did you do anything concerning that
yourself?
A No, sir. He was on his way out. Someone had made him
a bond at that time.
Q Do you know Officer Thomas?
A Yes, sir.
Q Did you tell Officer Thomas at that particular time
where a fellow was beaten up like that, they ought to send
him to a doctor?
A I don't recall making such a statement.
Q You don't know whether you did or didn't; is that
right?
A I don't recall making such a statement.
(208) Q Would you say he was slightly beaten up at that
time, or was he seriously injured?
232
MR. SPARKS:
We object to that question.
THE COURT:
He can describe his appearance and let the jury
draw the conclusion.
Q Describe his appearance to the jury.
A I couldn't say he was beaten up. I stated a moment
ago he had a bruised place on his face. There might have
been one or two.
Q Did you see any cut places or lacerations on his face
at that time?
A I did not see any lacerations on his face.
Q You would not say there were not any?
A I wouldn't say there were not, no, sir. As I say,
he was on his way out, and I wasn't observing him too
close.
Q Were there any other prisoners in the jail with him?
A It seems like there was one or two others, I don't
recall who they were right off.
Q I see. Do you know if anybody gave him a sobriety
test at the jail or not?
A They did not. I feel sure they did not. We weren't
prepared for that.
(209) Q You don't give sobriety tests in Anniston?
A No.
233
Q Did you smell the odor of alcohol on h i s breath?
A No. As I say, I didn't get that close to him.
Q And your determination that he was drunk was from the
noise he was making mostly; is that right?
A From his actions and his conversation with me up
there, his speech.
Q You don't know it is a fact, Officer, that the plaintiff
went to the hospital and came back before he made his bond?
MR. SPARKS:
We object to that question.
THE COURT:
Overrule the objection.
Q Do you know that to be a fact?
THE COURT:
You do understand the question?
A No; I did not.
Q I ask you, Officer, do you know it is a fact, or do
you know whether it is a fact or not that the plaintiff
had gone to the hospital and come back to the jail before
he made his bond?
A I was under the impression he was on his way out at
the time I saw him, and had not left the building prior to
that time.
(210) Q You say this was about eight o'clock in the morniq^
A I said it was sometime before eight because I go off
duty at eight o'clock. It was after daylight. It could
234
have been six or seven.
Q But no later than eight o'clock?
A No. It wouldn't have been any later than eight
o'clock.
MR. ADAMS:
That is all.
MR. SPARKS:
No further questions.
THE COURT:
You are excused, Lieutenant.
(Witness excused)
MR. SPARKS:
Mr. Ralph Hollman
RALPS HOLLMAN
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SPARKS:
Q This is Mr. Ralph Hollman?
A Yes, sir.
Q Mr. Hollman, what is your employment?
A I am the inspector for this county for the state A.B.C.
Board.
Q You are not an employee of the City of Anniston?
A No, sir.
(211) Q You are not employed by the Anniston Police
Department?
235
A No.
q You are employed by the State of Alabama?
A Yes, sir.
Q A.B.C. Board, that is Alcoholic Beverage Control
Board?
A Yes, sir.
Q Of t h e s t a t e of A l a b a m a ?
A Yes, sir.
Q How long have you been s o employed?
A About five years.
Q Were you so employed on the night of January 23, 1965?
A Yes, sir; I was.
Q On that occasion did your official duties carry you
to the city of Anniston, Alabama, at the City Hall?
A Yes, sir.
Q Approximately what time of night were you in the city
hall, if you know, and if you were there at night?
A It was around eleven o ’clock, or shortly thereafter.
Q In whose office were you?
A I was in Captain Tate's, the Chief of Detectives
Division.
(212) Q Did you hear anything at about eleven o'clock that
night at the side of the city hall, the side door there?
A I heard a car drive up and saw a car drive up.
Q Tell the jury, please, very briefly what you saw
there at that time and place?
236
A I was standing looking out the window and the police
car drove up. Officer Taylor was in the back seat with a
prisoner, and Sergeant Morrow was driving the car. Officer
Taylor stepped out and opened the door, and the prisoner
started to get out, and he reached to get him by the arm
and appeared to lift him out of the car, and the prisoner
swung away from him,slung Officer Taylor back up against
the car. Officer Morrow came around the car and they both
got him by the arm and started toward the door to the police
station. At that point they went out of my vision.
Q Did you hear the door?
A I heard a noise, yes, sir.
Q Did you later go, anytime later that night, go by the
Desk Sergeant's place, the hallway just outside the Desk
Sergeant's office from the counter there?
A Yes, sir.
Q What did you see there, if anything?
(213) A There was a cuspidor that had been turned over
and there was quite a mess on the floor.
Q Spread around all over the floor?
A Spread around all over the floor and away from the
point approximately three to five feet.
Q When you say quite a mess, will you describe what was
on the floor very briefly, was it sand, or water?
A Well, to the best of my memory, it was just water,
cigarette butts, tobacco juice.
Q Have you been in and out of the police station of the
city of Anniston over the past five years frequently?
237
A Yes, sir.
Q The spittoon you described, have you frequently seen
it?
A Yes, sir.
Q As a matter of practice it is there every day, isn't it?
A I don't recall having ever seen it not there.
MR. SPARKS:
Your witness.
CROSS-EXAMINATION
BY MR. NEWTON:
Q Mr. Hollman, were you engaged in conversation with
someone at the time you first observed Officer Morrow and
(214) and Taylor, in the area of the city hall?
A No; I was not.
Q Did you know the prisoner they had with them?
A I am sorry, I didn't understand.
Q Did you know the prisoner they had with them?
A No; I do not.
Q When you say that he swung around, where was Officer
Morrow at the time the prisoner swung around?
A Officer Morrow had stepped out of the car and started
toward the rear, to come around the rear of the car.
Q Did both officers grab the prisoner by the arm and
escort on up?
A Took him by the arms and started toward the door.
Q Then I believe you testified you heard other noises.
238
Where did this noise appear to come from?
A It appeared to come from the doorway. It was out of
my vision.
Q The door leading into the police department building?
A Yes, sir.
Q Did you hear a subsequent noise after that?
A Not immediately,no.
Q Did you hear one at any time in the next few minutes?
A Not particularly, nothing I could pin down.
(215) Q Now, at the time you saw the prisoner get out of
this automobile and the officers bring him in, could you
see any laceration or blood, on or about the prisoner at
that time?
A At the time that he got out of the car?
Q Yes, sir.
A No, sirjl didn't.
Q I believe you said you saw a cuspidor sometime later
with its contents scattered out on the floor. Was the
cuspidor in pieces, or broken, or anything?
A The top was off of it. I don't think that it was damaged
in any way. The top lifts off and it was in one place
and the cuspidor in another.
Q The top is a little round metal thing about so big?
A Yes.
Q It was off and the contents were on the floor? Did
you see any blood or anything on or about the floor among the
239
other debris that you saw there?
A Not that I noticed. I just noticed the mess and
walked outside.
MR. NEWTON:
I believe that is all.
MR. SPARKS:
That is all.
THE COURT:
You are excused.
(216) o (Witness excused)
MR. SPARKS:
Mr. Taylor, come around, please.
LEWIS WORRELL TAYLOR,
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SPARKS:
Q Will you give us your full name, please.
A Lewis Worrell Taylor.
Q Mr. Taylor, I know you talk low ordinarily, but I
am going to ask you to talk up so the court reporter and His
Honor, and the people on the jury, and the lawyers for the
plaintiff can hear you.
Mr. Taylor, what is your employment?
A City police, patrolman for the city police.
Q How long have you been so employed?
240
A Two years and five months.
Q Were you on duty the night of January 23, 1965?
A Yes; I was.
Q Did you get a call at any time that night to go down
on South Leighton Street?
A Yes, around eleven o'clock.
Q You say around eleven o'clock? Where were you when you
received the call?
(217) A We were at the city garage gassing the car.
Q Who is we?
A Officer Morrow and I.
Q Is that Officer Morrow?
A Yes.
Q You got a call over your radio in the car?
A Yes.
Q Did you go there?
A We went down after we finished gassing the car.
Q About how long did it take you to get there?
A Probably five, ten, maybe fifteen minutes.
Q Describe the scene physically when you got there,
A When we arrived, we went south on Leighton, and as we
arrived at the scene, there was a car parked almost in the
middle of the street, and another car kind of at an angle
up on the sidewalk, the front wheels were up on the
sidewalk.
241
Q D i d y o u s e e a n y p e o p l e there?
A 1 saw quite a few people. There was about four colored
people standing around a '59 Ford, and there was white people
on down a little further standing by a *58 Ford that was
knocked up on the concrete walkway.
Q Officer Taylor, in your experience as a policeman
(218) and in life, generally, have you had experience with
people who appear to you to be under the influence of intoxi
cating beverages?
A Yes, I certainly have.
Q State whether or not or state how the plaintiff here,
Jackson, appeared to be in relation to sobriety or the
lack of it.
A As we pulled up, he was leaning kind of on the left
hood or left front fender of the car. And as we walked
up around to him, Officer Morrow walked up around to him
and he couldn't get his billfold out of his pocket, he tore
it, and I believe the lady that was with him, I assumed to
be his wife, got his billfold and handed the license to
Officer Morrow.
Q Was he intoxicated?
A Yes; he was very intoxicated.
Q How about the three people with him?
A Well, there was a lot of smell of booze and so fortt;
but I didn't notice anybody in particular other than him.
They seemed to be drinking.
242
Q Did the wrecker come?
A Yes, sir.
Q Did Jackson say anything to the man driving the
(219) wrecker?
A The wrecker driver walked over, we had Arthur Jackson
in the car shortly after we arrived, and the wrecker driver
came over and asked him how about pulling his car in for
him. And he said wasn't nobody going to move his damn car,
so the wrecker driver just more or less walked off.
Q What did Morrow do if anything?
A He was in front of the car, more or less had his wreck
report, and he was kind of using the city police car lights
to see how to write his report.
Q You say Mr. Jackson's wife, Mrs. Jackson, got his
license out of his wallet?
A I assume it was his wife, it was a woman.
Q What was he doing? Describe his physical actions
while he was getting the wallet and license.
Q He was staggering, holding to the front of the car.
Q What did you do with the plaintiff, Mr. Jackson,
at that point?
A Officer Morrow and myself both walked him to the
police car and sat him down in the rear seat.
Q Did he make any efforts thereafter to get out of the
police car?
243
(220) A He made two or three efforts to get out.
Q What did he do on each occasion?
A He was hollering back he didn't want anybody to
move his car. I stood back and he attempted to get out,
and got his feet on the ground on one occasion that I
remember.
Q Did Morrow come back and assist you on any occasion?
A I believe he came back once, and left, and came right
back and left. That was the time he got his feet out
of the car, and was almost all the way out, or was standing
by the car.
Q I want to direct your attention to a statement the
plaintiff Jackson made in his direct examination. He
stated that Morrow stated to him, and he quoted him,
"Negroes been drag racing down this street and we are going
to put a stop to it." Did anybody make such a statement as
that ?
A If there was one made it was down at the scene, by
either a white lady or white man. Somebody down there said
something to that effect at the scene before we put him
in the car.
Q Was it Morrow?
A Mr. Morrow did not say anything.
(221) Q To refresh your recollection, do you recall whether
there was a white lady who said it?
244
A I believe it was a white lady.
Q Do you recall her name?
A It is possible it was Mrs. Davis, but I don t know.
It w a s s o m e b o d y a t t h e s c e n e .
Q But the statement was made, but not by you or not
by Officer Morrow?
A That is true.
Q What did you instruct the wrecker driver to do?
A O f f i c e r M o r r o w i n s t r u c t e d him to move the c a r out
of the s t r e e t . I w a s s t a n d i n g by the car at that time.
Q Did you subsequently carry the plaintiff Jackson to
the police station?
A Yes.
Q W h a t d i d h e d o , o r s a y , i f a n y t h i n g , w h i l e y o u w e r e
d r i v i n g h i m t o t h e p o l i c e s t a t i o n ?
A He mentioned on the way to the police station why
had not we arrested Mrs. Davis, the lady who owned the car,
and I told him she hadn't violated any law, her car was
properly parked at the curb, and he had run into it, and I
believe at one point he mentioned paying $900.00 for his car.
(222) Q Did he say anything else?
A I don't remember anything.
Q When you got to the police station,what happened when
you pulled up to the curb?
A ,• When we pulled up, I was sitting on the right back seat,
and I slid out. We always take the prisoners on that side
245
because it is out in the street on the other side, and
as I slid out,I told him to slide out, and more or less I
had to help him, but as he came out of the seat, he just
shoved at me or ran at me, and I grabbed that arm, and by
that time Officer Morrow had gotten around and grabbed the
other arm.
Q What happened then?
A Officer Morrow opened the door to the left, it is a
swinging door, he opened the left door and he tried to break
loose, and he did break loose.
Q You mean at the door of the building now?
A Yes.
Q You walked him up to the door?
A Yes.
Q What happened when you got to the door?
A Officer Morrow opened the left-hand door.
Q Is that a glass swinging door?
(223) A In a metal frame, and when he opened the door,
Jackson broke loose from Officer Morrow, and I held on to
my side and came around into the door that was open, he swung
around into the door.
Q Swung into the door?
A Yes.
Q Did his head or face hit the door?
A About his head, I don’t remember what part.
246
Q What happened after that, if anything?
A Well, we had got hold of him again, and went on up
the steps, somewhere around five or six,maybe four steps,
I don't remember, up to the Desk Sergeant's window. At
that time one of us, I don't remember which one, attempted to
search him, take his personal belonging off of him.
Q Is that customary procedure?
A We always take everything off all prisoners at that
point.
Q And turn it over to the Desk Sergeant?
A Yes; seal it in an envelope and turn it in. At that
point he pushed back, shoved back, and we both grabbed him
and fell, and he was struggling to either run back out the
door, I don't know where he had in mind he was (224) going, but
he turned toward the door, and we all fell in the floor on
top of the spittoon.
Q I want to show you a spittoon and ask you to identify
it if you can. Is this the spittoon?
A That is like the one that sets there.
Q Is this the one that sets there, as far as you know?
A Yes, sir.
Q Looks like it?
A Just exactly like it.
Q Does it set there all the time?
A It has been there ever since I have been working for
the City.
Q
A
247
You knew about it?
Yes,sir.
Q And did they usually keep something in it?
A I think there is a little bit of water or disinfectant
put in it.
MR. SPARKS:
We offer this as Defendants' Exhibit 1.
(Defendants' Exhibit 1 received in evidence)
Q What happened after that, if anything?
A After we fell, we more or less got up helping him
up.
Q Was there a struggle on the floor after you fell?
(225) A There was some kicking and scuffling around, not
too much. I believe Officer Morrow took the rest of his
belongings while he was on the floor, and we picked him up
and carried him up to the cell.
Q You carried him up to the cell?
A Officer Morrow and myself did.
Q Was there any fight while you were on the way up to
the cell?
A Nothing other than holding back.
Q Did he make any complaints about being injured at that
time?
A He did not.
Q Did he appear to be injured in any way; was he bleeding?
248
A There might have been a few drops of blood on his face,
but I didn't actually look at his face. I didn't notice.
Q Did Officer Morrow or you either one have a blackjack
or nightstick or any other kind of club?
A I don't have any, and I know Morrow had not.
Q Do you carry one?
A No.
Q Does Officer Morrow carry one?
(226) A No. I have never owned one.
Q Did either of you at any time hit him with your fists?
A No.
Q Did either of you at any time hit him with your night
stick?
A No.
Q Or a blackjack?
A No, sir.
Q Or anything else?
A He wasn't hit at all.
Q I know you told us there was kicking going on down in
the floor. Tell the jury what you mean when you say there
was kicking going on.
A He was still struggling for a minute or so when he
was on the floor, I guess trying to get up. There was a lot
of scuffling while we got hold of his arms and held him down.
Q This was while all three of you were on the floor?
A Yes, sir.
249
Q Did either one of you,while he was on the floor, did
either one of you stand up and kick him in any part of
his body?
A No. We more or less got up together, and when we did
(227) get up, we brought him up too.
MR. SPARKS:
Your witness.
CROSS-EXAMINATION
BY MR. NEWTON:
Q Mr.Taylor, let's go back to the scene on South Leighton
Street.
When you say that Jackson, then the defendant, tried
to get out of the automobile,where were you at that time?
A I was standing by the door on the left-hand side,
the rear door.
Q Then when you got him back into the automobile, did you
remain standing there, or did you walk elsewhere?
A Yes. He would raise up to get out, and I would tell
him to sit back down. I believe his wife was standing by
the car at the same time.
Q Do you carry handcuffs as part of your equipment?
A Yes, sir.
Q Did you have them that night?
A I did.
Q Did Officer Morrow have any?
A Isuppose he did, I don't know. I never not ced whether
he carried them or not.
250
(228) Q Does he normally carry them?
A I think he does.
Q But you know whether he normally carries a nightstick,
but you don't remember about the handcuffs?
A Nobody carries a nightstick in the whole police
department.
Q T h e p o l i c e d e p a r t m e n t d o e s n ' t own a n y ?
A We h a v e t h e m , b u t we d o n ' t c a r r y t h e m .
Q Was there any in the area of the Desk Sergeant's desk?
A No, there wasn't.
Q Do you carry flashlights?
A YesJ we have flashlights.
Q D i d y o u h a v e o n e t h a t n i g h t ?
A I am sure I did.
Q Did Mr. Morrow have one?
A I suppose so.
Q Defendants' Exhibit 1 here which is in evidence, is
not a very heavy object, is it?
A I have never lifted it, I don't know.
Q Does this part of it come off and the --
A I don't remember. I think it was in three pieces, I
don't remember. I didn't notice that much about it.
Q A n d w h e n i t t u r n e d o v e r i t f e l l i n t h r e e p i e c e s ?
(229) A That's right.
Q Was i t b e n t ?
251
A I didn't notice it being bent.
Q Officer, when you got u p o f f t h e floor, the three of
you, did you notice anything a b o u t J a c k s o n ' s appearance at
that time?
A I d i d n ' t n o t i c e a n y t h i n g .
Q How did you get upstairs from the booking place?
A Well, you can — there is stairways by the side. There
is several ways of going upstairs. We used the elevator
back there. You go down the hall and to the right, and
there was an elevator there.
Q On this occasion did you use the elevator?
A We did.
Q Is it one of these self-operating things?
A Yes.
Q Like this one in the building?
A Yes.
Q So then for a little time with the three of you on
the elevator going upstairs, how many flights did you have
to go?
A One.
Q When you got up there, or on the elevator, or at
(230) any time, did you notice any cuts or bruises on
Jackson?
A No.
Q Did one of you, or both of you shove him in the cell?
A Neither one of us shoved him in the cell. I believe I
252
opened the cell and he walked in.
Q Did you see Officer Morrow when he struck him with
his fist?
A He didn't hit him. He wasn't hit at all.
Q Did you see Officer Morrow when he kicked him?
A He didn't kick him.
Q You never saw any blood?
A There was no blows and no blood. I might have seen a
drop of blood. 1 didn't pay that much attention to it
because we were having trouble getting him in.
Q Now, on that door that you say that Jackson ran into,
the side door we referred to in the deposition that was
unopened, did you get a chance to see Jackson's face
immediately after he swung into this door?
A I didn't lodk at it because I had one of his arms,
and I was at the side of him, at his side. I didn't look
him in the face.
Q You say he was drunk?
A He was very drunk.
Q Did he hf ve any difficulty walking?
A Well, he was real staggering. We more or less helped
him along.
Q He had difficulty standing up when you arrived out
there at the scene?
A When we didn't hold him, he was real staggery.
Q Are you the same Officer Lewis Taylor who is sued in
253
Circuit Court here for Assault and Battery by Billie Cobb Clay?
MR. SPARKS:
We objec to that.
THE COURT:
Sustain the objection.
MR. NEWTON:
I believe that is all.
MR. SPARKS:
We ask that the court exclude that.
THE COURT:
That is excluded. You will not consider any evidence
that is excluded, or any statement made.
MR. SPARKS:
You may come down.
(Witness excused.)
MR. SPARKS:
Come around, Mr. Morrow.
WILLIAM L. MORROW,
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SPARKS:
Q Will you give us your full name.
(232) A William L. Morrow.
Q What is your occupation, please, sir.
A Policeman, City of Anniston.
Q How long have you been a policeman with the City of
254
Anniston?
A Fifteen years.
Q Were you on duty the night of January 23, 1965?
A I was.
Q Now, Mr. Morrow, directing your attention to that
night, at about what time did you gas your car, if you did
gas your car that night?
A It was approximately eleven o'clock.
Q And where were you at that time?
A At the City Garage.
Q Did you get a call at that time?
A I did.
Q Who from? -
A The Desk Sergeant.
Q That was over ycur car radio?
A Yes, sir.
Q Did he instruct you to go somewhere?
A He did.
Q Where did he instruct you to go?
(233) A He did.
Q Where did you go?
A Between D and E on South Leighton.
Q How long did it take you to get there?
A About ten or fifteen minutes.
Q Describe the scene to us.
255
A There was a *59 Ford setting almost in the middle of
the street, and there was a '58 Ford setting on the right
side of Leighton partially on the sidewalk and partially
on the curb.
Q Did you observe any people there?
A I did.
Q Approximately how many?
*
A The best I remember, there was four colored people and
three or four white people.
Q Was this plaintiff one of those four colored people?
A He was.
Q In other words-- would you describe the physical
appearance of him to the jury, very briefly.
A He was standing with his hands on the front of the car,
and he was staggering. He smelled strongly of alcohol.
Q Have you had experience in dealing with people who
(234) appeared to be intoxicated?
A I have.
Q What was his appearance as to intoxication?
A He was drunk.
Q How about the other three people with him, what was
their appearance with reference to sobriety or lack of it?
A I didn't pay too much attention to them.
Q Did you speak to the plaintiff Jackson?
A I did.
Q What did you say to him?
256
A I asked him was the automobile, this '59 Ford his?
Q What did he say?
A He replied it was.
Q Did you ask him whether or not he ran into the parked
car?
A I did.
Q What did he say as to that?
A He replied that he did.
Q Did he mention anything about bright lights blinding
him at that time?
A Not that I recall,
Q Did anybody else mention anything about it at
(235) that time?
A Not that I recall.
Q All right, sir. What did you do after that, if
anything?
A Placed him under arrest and put him in the police car.
Q What did he do after he had been put in the police car,
if anything?
A He tried to get out.
Q How many times?
A I would say three or four times, I don’t remember
exactly.
Q Who, if anyone, prevented him from getting out?
A Officer Taylor and myself.
257
Q Now, there has been some testimony that you said to
him, and I am quoting him, "Negjroes been drag racing down
this street and we are going to put a stop to it." Did you
say anything like that?
A I did not.
Q Did anyone out there say anything of that kind?
A Yes.
Q Who said it?
A Mrs. Davis.
Q Did you hear her say it?
(236) A Yes, sir.
Q Who did she say it to?
A There were three or four of us standing there together,
and she made the remark to the crowd in general.
Q Now, after some minutes, did you leave out there?
A We did.
Q Where did you go?
A To the city hall.
Q Who drove the car?
A I d id.
Q Where was Officer Taylor?
A Sitting in the back seat.
Q Where was Jackson?
A In the back seat.
Q Did Jackson say or do anything while you were driving
to city hall?
258
A He did.
Q What did he say and do?
A He made the remark if we were going to put him in jail,
we should put Mrs. Davis in jail also.
Q Any reply made to him?
A I believe Officer Taylor replied to him,as far as
we knew, Mrs. Davis had violated no law, we had no cause
(237) to put her in jail.
Q Is that all that was said and done?
A The best I remember.
Q What happened when you got to City Hall?
A When I pulled up in front of the city hall, I got out
on the side of the car away from the police station which
would be on the street side. Officer Taylor got out on the
right side. I walked around the car. When I got around
the car, Officer Taylor was already on the sidewalk, and
Jackson was in the process of getting out of the car.
About the time he got out of the car and got straightened
up, Officer Taylor was standing to -- sort of to his side
and his rear. I was standing in front. He run backwards and
made the remark, "You are not going to put me in jail." He
run backwards into Officer Taylor and knocked him into the
car and I reached and caught him by the arm.
Q What did you do then?
A Officer Taylor got the other arm, and we started across
the sidewalk into the side door.
259
Q What happened when you got to the door?
A I opened the door.
Q Were both doors closed?
(238) A Both doors were closed.
Q Describe those doors to the jury very briefly.
A They are glass doors set in metal frames.
Q What happened when you got to those glass doors set
in metal frames?
A When we got to the side door, I was in front. I reached
out with my left hand and opened the left door which would
open outward, and started in through the door.
Q Those doors open out, do they not?
A Yes, sir.
Q What happened at that time?
A When we got almost through the door, I had already
gotten through, and Jackson was almost through. He jerked
loose, jerked out of my grasp. I had his arm with my
right hand. He jerked out of my grasp and whirled to
the right and bumped either his head or face, or some
part of the body against that portion of the door that
wasn't open.
Q What happened next?
A I got a new hold on his arm. We carried on through
the door and up to the booking office in front of the Desk
Sergeant's office, the window there about three feet wide.
260
(239) Q About like that?
A Yes, sir.
Q And it is up above a partition, is it not?
A Yes, sir.
Q What happened when you got to the window?
A When we got to the window, the arrest slips we
make were laying on the desk inside. There is a shelf
like this on the inside. It protrudes out on the inside,
and one on the outside. I reached inside to get the
arrest slip off of the desk there, and about the time I
straightened up, he whirled into Officer Taylor. He
whirled around on him to his right, and I reached and
caught him by the arm and he was kicking. He was struggling.
He was trying to get loose. And at that time there was
a rubber mat, I would say about three feet square, that
lays right there in front of the Desk Sergeant’s office,
and it is not square, but it is not a solid rubber mat.
It is hard rubber, and it is not solid, and we got our feet,
evidently, tangled up in it and we all three fell.
MR. ADAMS:
I object to evidently,Judge.
THE COURT:
I will sustain.
A Well, we fell.
Q All three of you fell?
261
(240) A All three of us fell down on the floor.
Q Describe what happened when you fell.
A When we fell, Jackson fell, all three of us fell
face down on the floor. I hit the floor on my all-four's,
on my hands and elbows, and when he fell, he went right
down on that cuspidor.
Q Is this the spittoon right here?
A It looks like it.
Q It is one just like it, if that is not it?
A That's right.
Q Go ahead.
A That thing turned over. I remember the thing turning
over and rolling, and while we were laying on the floor,
I finished getting his personal effects out of his pocket.
Q While you were still on the floor?
A Yes.
Q Was there any struggle on the floor?
A There was.
Q Was there any kicks?
A There could have been, I don't remember. There was
a struggle on the floor, me trying to hold him and search
him.
Q Officer Taylor participated in that struggle, too?
(241) A Yes.
Q While you were standing up, at any time were you
standing up while he was lying on the floor?
262
A No, sir.
Q Did you kick him at any time?
A No.
Q Did Officer Taylor kick him at any time?
A No.
Q Did you hit him with your fist at any time?
A No.
Q Did you hit him with your blackjack at any time?
A No.
Q Did you hit him with your flashlight at any time?
A No.
Q Did you hit him with your gun at any time?
A No.
Q Did you hit him with anything at any time?
A Did not hit him at all.
Q After you got up off the floor there were you
searching him and what happened?
A When we came up off the floor, we all three come
up at approximately the same time. I had one arm, and
Officer Taylor had him by the other. We got him up off
(242) the floor and carried him down the hallway to the door
leading to the jail, put him on the elevator, and carried
him up and put him in the cell.
Q Did he make any complaints about being injured?
A He did not.
Q Did he appear to be injured to you?
r
A No.
Q Did he ask for any medical attention?
A He did not.
Q Was he bleeding?
A It seems like I remember seeing a little blood on
one side of his face.
Q When you say a little blood, what do you mean?
A There was a few drops of blood on his face.
Q What did you charge him with?
A Driving while intoxicated and resisting arrest.
Q Was he subsequently convicted of both offenses?
A He was.
MR. SPARKS:
Your witness.
CROSS-EXAMINATION
BY MR. ADAMS:
Q Officer Morrow, going back to the night of Jauary 23,
1965, when you had Mr. Jackson in your custody at the
(243) city hall, tell us whether you had any handcuffs at that
time?
A I don't recall whether I had the handcuffs that
night on my belt or not. Sometimes I carry them, and
sometimes I don't, I don't recall.
Q You never did handcuff him?
A No.
Q Can you tell us on what type situation handcuffs would
263
be indicated?
264
MR. SPARKS:
We object to that question. That's going beyond
the realm of any issue in this litigation.
MR. ADAMS:
This is on the issue of whether he resisted arrest,
Your Honor.
THE COURT:
Overrule the objection.
A Will you state the question again.
Q I say will you tell us under what situation are
handcuffs indicated in police work? What type situations
would you think would indicate the use of handcuffs?
MR. SPARKS:
Your Honor, we renew our objection.
THE COURT:
Overrule the objection. It might show some intent
he was not resisting arrest because they did not put
handcuffs on him. That is the theory on which it is
admitted.
(244) A You want my opinion?
Q On what situations would the use of handcuffs be
indicated?
A My own personal opinion, to me, I would use the
handcuffs was trying to do me bodily harm, trying to hurt
me with a weapon, or hurt me physically, and if I thought
they were intent enough on hurting me bad enough, I would
265
use them.
Q In other words, you limit the use of handcuffs to
situations where you think a person would hurt you physically
A I think that is the occasion when I would use them.
Q Would you also use them where you thought the
person might be apt to get away?
A I have used them on occasions like that.
Q In this particular case, Officer Morrow, at the
scene did the defendant try to get out of the car?
A On two or three occasions.
Q On two or three occasions he tried to get out of
the car; is that right?
A Yes.
Q And you say also on the occasion that you all got
out of the car in front of the city hall, he tried to get
(245) away; is that right?
A Yes, sir.
Q And when you got to the door, you say he tried to get
away from you?
A That's right.
Q But you don't think this was the kind of situation
that indicated handcuffs?
A No, sir; I don't.
Q Now, Officer Morrow, tell the jury, getting to the
Desk Sergeant's position, this exhibit, defendant's
Exhibit 1, would you tell us where it was located with
266
reference to the Desk Sergeant's desk, how far was it from
it?
A Well, the window at the Desk Sergeant's office, I
would say, is approximately this wide, and this, or one
just like it, sets right down next to the corner.
Q There is a little ledge that comes out beyond the
Desk Sergeant's desk, isn't there?
A I believe that's right.
Q How wide a ledge is that?
A I don't recall.
Q Would you say it is more than six inches?
A I wouldn't say, because I don't remember.
(246) Q Would you say it is more than twelve inches?
A I wouldn't say, because I don't remember.
Q This sets up right under that ledge; is that right?
A It sets down right at the corner of the building.
The hall goes this way, and the hall goes this way, and
it sets right in the corner..
Q That is in front of the Desk Sergeant's desk?
A That's right.
Q It is setting over on the other side of the room,
it is setting by his desk?
A That's right.
Q This thing that you say the three of you all
knocked over when you fell down--
A That's right, either that or one just like it.
Q
A
267
Do you know what kind of material this is?
No, sir; I don't.
Q Does it appear to you to be aluminum?
A It looks like it.
Q Did you see any sharp edges on this thing with
the top on or top off of it?
A No.
Q Was the top on it when you were standing at the
desk with the plaintiff Mr. Jackson?
(247) A I don't remember. I would say that it was because
the top is usually on it.
Q But this, or one like this, was there on that
occasion?
A It was.
Q Did you see it come apart in three places that night?
A No, sir; I don't remember about that.
Q Do you know whether it came apart at all?
A No, sir; I don't.
Q Did you see anything come out of it, that is, sand?
A I remember there was some water and cigarette butts,
and cigar butts and so fort! scattered on the floor. I
don't remember just what all was on the floor.
Q Now, when the three of you fell down,Officer Morrow,
tell us did you have your hands on the plaintiff just before
he fell down?
A I did.
268
Q Did the defendant Officer Taylor have his hands
on him at that time?
A I believe he did.
Q What portion of his body did you have your hands on?
A On his arm.
(248) Q Did he ever strike you?
A No. In the scuffle I got elbowed a little bit
in the side, but as far as actually striking me, he never
did strike me.
Q Did you see anybody strike his face on that particular
occasion?
A No.
Q You did not kick him in the scuffle on the floor?
A No. There was a scuffle on the floor there, but
I didn't kick him.
Q I will read some portion of your answer to the
complaint. You said in your answer to the plaintiff's
complaint that while Officer Morrow was attempting to secure
the personal belongings of the plaintiff from plaintiff's
person, the plaintiff was continuing in his efforts
to get away from Officers Morrow and Taylor. The
plaintiff kept jerking his arms, kicking and struggling.
Did he do any kicking and struggling just before
he fell down?
A Yes; he did. He was swinging his elbow like I say,
and ran into Officer Taylor, turned into Officer Taylor
269
and hit him with an elbow.
Q Was this in front of the Desk Sergeant's desk?
(249) A That's right.
Q Then he did more than just swing around when you
fell down?
A He was struggling, trying to get loose.
Q He did more than just swing around and fell down?
A Yes. He was jerking his arms trying to get loose.
Q You say to the right of the window where the struggle
took place was a brass metal cuspidor; is that correct?
A I don't remember saying brass. I don't know what
metal it is made out of. I just knew it was out there.
Q That is a reasonable facsimile, is it not?
A That looks like it. I couldn't say positively
that is the one.
Q It looks like that, it doesn't look like brass,
does it?
A That looks like the one.
Q That would be a mistake if it said brass?
A That's right. It is not brass.
Q Then you say as the three men fell, the plaintiff
fell onto the cuspidor hitting it with his face and head.
A That's right.
Q Did you see him hit the cuspidor with his face and
head ?
(250) A I saw him fall with his face and the upper part
I
270
of his body on this thing right here, or on one just
like it.
Q You actually saw him when you were in the process
of falling down with him, hit his face and head on that
cuspidor?
A That’s right.
Q Was there anything else that he hit that would
cause any laceration or bruise, as far as you know, at that
time?
A I couldn't say.
Q Then so far as you know, the only thing that would
cause these bruises and lacerations, if you didn't strike
him, or the other defendant didn't strike him, would be
the cuspidor; is that right?
A Either that, or the door when he bumped his face
going in.
Q You did not see any blood on his face after he had
bumped his head on the door?
A I didn't notice any.
Q I believe you did say you saw some blood on his face
after his face hit that cuspidor; is that right?
A That's right. I saw a little blood on one cheek,
(251) I don't remember which, cheek it was.„ /Q Just a few drops of blood; is that right?
Yes, sir.
\
A
273
to bleed profusely where that amount of stitches were
required?
A I have no idea.
Q You say that the plaintiff was drunk, was highly
intoxicated, I believe, was one way of describing it.
A He wa s.
Q Could you understand him when he talked?
A Yes.
Q You didn't have any difficulty understanding his
speech, did you?
A Not all of it.
Q You mean there was some you didn't understand?
A Well, there was sometimes his speech wasn't as plain
as it was at others.
(254) Q But for all intents and purposes, he made himself
clear to you; is that right?
A Like I say, most times. At times his speech was
more clear than it was at others.
Q Now, a person in the condition you say that the
plaintiff was in, intoxicated, is he more apt to resist
arrest than a person who is not intoxicated?
MR. SPARKS:
I object, Your Honor.
THE COURT:
I will sustain the objection.
Q He was not completely knocked out, so to speak, was
he?
274
A You mean from alcohol?
Q I mean absolutely dead drunk.
A No.
Q A dead drunk, you would have no trouble with; is
that right?
A That's right.
Q He was somewhere between dead drunk and perfectly
sober, is that your opinion?
A Yes.
Q Do you give medical attention in the jail, Officer
Morrow?
A No; I don't.
(255) Q Do you have a doctor on duty there?
A Not at the jail. We have one on call.
Q Do you know whether this plaintiff was ever given
the opportunity to receive medical attention from the jail?
A I do not.
Q Do you know when he was released?
A I do not.
MR* ADAMS:
That is all.
MR. SPARKS:
You may come down.
(Witness excused.)
MR. SPARKS:
Your Honor, the defense rests.
275
THE COURT:
Anything in rebuttal?
MR. ADAMS:
No, sir; I don't think so, Your Honor.
THE COURT:
All right. We will take about a fifteen minute
recess at this time.
(MIDAFTERNOON RECESS)
THE COURT:
All right, you may proceed with your argument.
(Whereupon, counsel for the respective parties
addressed the jury in argument, following which, at 3:16
P.M., the court charged the jury as follows:)
(256) ORAL CHARGE OF THE COURT
THE COURT:
Members of the jury, the plaintiff Arthur L. Jackson,
has brought a complaint against William L. Morrow and Lewis
Taylor which you will have before you, and in this complaint he
says that these two men are police officers, and that while
they were acting under color of law, they assaulted him and
thereby thus deprived him of his constitutional and legal rights
under the law. He sets out the circumstances under which
this happened, and says that shortly after he arrived at
the -- he refers to the accident that has been referred to
in argument, shortly after the officers arrived, they
arrested him and took him to jail located in the City Hall.
276
He denies in the complaint he resisted arrest and
says that they grabbed him and hit him in the face,
knocked him down, and after he was on the floor, kicked
him several times, and that as a result of this, he
sustained the lacerations that you have heard testimony
about, and the fracture of the jaw, and that he suffered
pain and physical and mental anguish, and was placed in
jail and not given medical attention until the next morning;
and they beat him with a blackjack, and that all of this
constituted a deprivation of his legal rights, constitutional
(257) and statutory rights as a citizen of the community
given to him by the Constitution of the United States, and
all of these acts are in violation of the plaintiff's
rights under the Constitution,
Of course, a complaint doesn't prove anything, It
is merely the vehicle by which a person initiates an action.
There is no presumption of liability by the mere fact of
a filing of a complaint.
For answer to this complaint, the defendants, and
each of them, have filed a plea of the general issue,
which is a general denial of the material allegations of
the complaint. This places the burden of proof upon the
plaintiff to satisfy you of the material allegations of
the complaint, to reasonably satisfy you, I should
say.
277
If the plaintiff does so reasonably satisfy you,
he would be entitled to recover. If he does not, he would
not be entitled to recover. You want to keep this in
mind in considering this case, that this is not an assault
and battery case. This court would not have jurisdiction
of a plain assault and battery case because these are
all citizens of Alabama. We might have jurisdiction in
such a case if there was diversity of citizenship, or the
proper jurisdictional amount was involved. It is not a
(258) false imprisonment case for the same reason. We are
not trying a case of drunkenness here and we are not trying
an automobile accident case. This is not a damage suit
for the car, or an action for reckless driving. It is
a special action brought under the federal statute which
was enacted pursuant to the XIV Amendment to the
Constitution of the United States. These elements that I
have mentioned to you will appear in some way in the majority
of the aspects to be somewhat involved here.
The XIV Amendment to the Federal Constitution provides
that no state shall deprive any person of life, liberty or
property without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.
The rights involved, the rights of the person are these.
The rights of persons under state arrest not to be deprived
of their personal security which is embraced within the word
liberty, shall be in accord with due process of law, and also
278
the rights of such persons to equal protection of the law.
Equal protection of the law in turn includes the right to be
tried by a jury, the right to protection from injury from
the officers having them in charge.
Those who decide to take the law into their own
(259) hands and act as prosecutor, jury, judge and executioner
plainly act to deprive the prisoner of a trial which the
Constitution of the United States guarantees him. Thus
we say that an officer of the law who having a prisoner
in his custody unlawfully assaults and beats the prisoner,
thereby substituting trial by ordeal for trial by due process
of law, if he performs those deeds that are charged and they
are sustained by the proof in the case, then that is a denial
of due process. Persons under arrest are entitled equally
with other persons under arrest to a trial by due process,
and when found guilty, they are subject to the same punishments.
The prisoner unlawfully beaten by an officer is denied due
process of law and also the right of equal protection of the
law. You notice the word unlawfully was used there.
Pursuant to the constitutional provisions which I
referred to, Congress adopted this statute which says:
"Every person who,under color of any statute, ordinance,
regulation, custom, or usage of any State or Territory,
subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction
there to the depriviation of any rights, privileges, or
279
immunities secured by the Constitution and laws, shall be
(260) liable to the party injured in an action at law, suit
in equity, or other proper proceedings for redress".
So this action is brought under this statute. It is
a statutory action. It uses the word under color of law.
Under color of law means under the pretense of law. The
acts of an officer in the initiating of their personal
pursuits are plainly excluded. The act of officers who
undertake to perform their official duties are included,
whether they hew to the line of their authority or overstep
it. It is immaterial that an officer exceeds the limit
of his authority, if he acts in the name of the state and
is clothed with the state's power.
"Misuse of power, possessed by virtue of state law
and made possible only because the wrongdoer is clothed
with authority of state law, is action under color of law".
Municipalities are creatures of the state, and within
the contemplation of this statute, police officers are
officers of the state.
It is not disputed in this record that these police
officers were on duty at the time and that they were acting
under color of law when the things charged are alleged
to have occurred. Really, the gist of the matter is that
the plaintiff charges that these officers used more force (261)
than was reasonably necessary in arresting him and in
detaining him while he was in their custody; and that in
280
so doing they deprived him of his constitutional rights.
The plaintiff has the right or had the right and
privilege to be secure in his person, to be safe in his
person while in the custody of the State of Alabama, or
an agent or officer of the State, including the police
officers of the city of Anniston. He had the right to be
immune from summary punishment, that is to say, punishment
without trial, summary punishment by persons acting under
the color of the law of the state. He had the right and
privilege not to be subjected to punishment without due
process of law.
These officers deny that they violated the statute.
They deny that they summarily punished this plaintiff in
this case. They state and claim in their answer that they
used only such force as was reasonably necessary. An
arresting officer has a right to use reasonable force, that
is, such as is reasonable and necessary in making an
arrest and in keeping a person in custody. The force, of
course, would vary with the conditions existing, and with
the person with whom the officers were dealing at the
(262) time. It would not be the same in every instance.
In some instances they might have to use a small amount of
force, and in other instances, they might have to use more
force. They simply do not have the right, officers do not
have the right to deprive any citizen of his constitutional
rights to be safe in his person, and if an officer violates
281
that right, he is subjected to damages under the provisions
of the statute referred to.
It must be kept in mind however, that every beating
by an officer, no matter how wilfully administered, is not
a deprivation of personal rights as contained by the section
which I have read. The beating must be administered under
color of law subjecting the prisoner to the deprivation of
his constitutional rights, that is, the substitution of trial
by ordeal for trial by law, and that is, in effect, what
they charge here. They do not, as I read the complaint in this
case, charge that he was unconstitutionally arrested, or
unconstitutionally detained, or illegally arrested, or illegally
detained. They simply say he was unlawfully assaulted, and,
thereby, deprived of his legal rights guaranteed to him by the
statutes here, unlawfully assaulted by officers while they had
him in their custody.
(263) The plaintiff does not have to prove a specific intent
on the part of the defendants to deprive him of his legal rights,
if, in fact, the defendants did deprive him of his constitu-
tional rights, or either of them, they would be liable to
the plaintiff in this case.
I might state to you that even a drunk man has a right
to due process and equal protection provisions of our federal
constitution and federal laws. As a matter of fact, there
may be greater duties imposed upon officers when a man is
drunk than there would be when they are dealing with a sober
282
man. However, drunkenness is not a shield against the penalties
of lawbreaking. The fact that this man was fined and paid his
fone on two charges would not seem to have any bearing specifi
cally on the issues we are trying here. He could be guilty
of these things, and yet they might have deprived him of his
constitutional rights. It could only have a bearing, as
I see it, on the legality of the arrest to begin with. It
might have some bearing on the issue of whether there was
reasonable and probable cause to arrest him, but as I read
the complaint, they do not charge it was an illegal arrent
in itself. They say the man was deprived of his legal rights
by the use of more force than was necessary (264) under
the circumstances, and that he was beaten and sustained
permanent injuries as a result of this deprivation.
So, you have the issues that have been made up in the
case and you have now heard the evidence in the case. I
stated to you the burden of proof. The burden of proof
is upon the plaintiff in the case, and by burden of proof,
we mean the necessity or duty of affirmatively proving a
fact or facts in dispute, on an issue raised between the
parties in a cause. I will not attempt to recite the facts.
You have heard them. The case is not a complicated case
in that respect. You will consider the facts as they have
come to you from the witness stand. The officers deny,
among other things, that they beat the man up. He says
that they did. Well, what are the real and true state of
283
facts with respect to the matter? You are the judges of
the facts. You bring into the jury box your everyday
experience gained in a lifetime of following the pursuits
in the communities where you live, and this equips you to
be judges of facts, enables you to weigh the evidence and
determine the weight you will give to a witness' testimony
who has testified on the witness stand.
You have a right, of course, in reaching a conclusion
with respect to the weight of evidence and the credibility
(265) you will give to a witness' testimony, to consider a
witness' intelligence who has testified upon the witness
stand, or his apparent intelligence or lack of intelligence.
You have a right, of course, to consider the relationship or
the friendship of the witness to a party in the case. Of
course, you have a right to consider the interest of a
witness who has testified. He may be a party in the case;
the bias or prejudice,if any, of the witness or party in
giving his testimony in the case, are all matters for your
consideration as well as the demeanor of a witness testifying
upon the witness stand. The opportunity of the witness to
see and to know and to understand as applied to the facts
in the case; these are all proper matters for your considera
tion.
You have the right, of course, to take into account
whether the testimony of a witness has been corroborated
or contradicted, or impeached, or whether there are
284
inconcistencies or discrepancies in a witness' testimony.
You will try to reconcile all of the evidence so as
to make all the witnesses speak the truth if it is possible
for you to do so. But if you can not do so, it is for
you to say what evidence you will accept and which you will
reject as being irreconciliable. Some of this evidence
(266) you will have to reconcile if you can. There is a
direct dispute as to whether or not the officers committed
the assault that the plaintiff charges that they did, and you
have heard the testimony with respect to that matter. Every
witness who testified upon the witness stand is presumed
to speak the truth, but if you are reasonably satisfied any
witness has wilfully and corruptly sworn falsely as to any
material fact, you, in your sound judgement, may disregard
the witness' testimony in its entirety. The number of wit
nesses is not the criteria for the decision of the case. You
will, of course, consider all the evidence that has been
brought before you, the Exhibits that have been brought into
the case, they are proper for your consideration of the case,
as well as the photographs.
You will of course, take into account the physical facts
and circumstances involved. You will not consider any evi
dence or statements which have been excluded from your
consideration in arriving at your verdict in the case. Your
verdict, of course, must be based upon the evidence and
reasonable inferences from the evidence. Do not go outside
the evidence. You will not base a verdict upon sympathy or
prejudice. All stand equal before the law.
(267) If after considering the evidence in the case you are
not reasonably satisfied that the plaintiff has established
by admissable evidence, that is, evidence that I have per
mitted to come before you, the material allegations of his
complaint, he would not be entitled to recover in the case.
On the other hand, if you are reasonably satisfied that
the plaintiff has established the material allegations of
his complaint, and has maintained the burden of proof, then
the plaintiff would be entitled to recover. Then and only
then would you get to the question of damages in the case.
If the plaintiff is entitled to recover, he would be
entitled to recover for his mental and physical pain and
anguish and suffering that the evidence satisfies you that
he has undergone or will likely or probably undergo for any
permanent disfigurement. He would be entitled to recover
for that. He would be entitled to recover for any hospital
or medical services. I do not believe there was any proof
of the reasonableness of the hospital services, but there
was evidence he incurred a doctor bill in the amount of
$20.00. He lost some time from his work, about two weeks, I
believe he said. He would be entitled to recover for the lost
time that is (268) involved. He would not, of course, be
entitled to recover attorney's fees, since attorney's fees
are not awardable under the laws of this state except by
» L
285
286
statute or by contract. In other words, the damages I
have referred to are compensatory. Of course, the damages
in a case of this kind, the courts have held the only elements
which need to be proved in order to establish a claim for
damages under this section, that is the code section I read
to you, or that the conduct complained of was engaged in
under the color of the state law, and that such conduct
subjected the plaintiff to lose rights, privileges or
immunities secured by the federal constitution. These other
damages by way of personal injuries or damages that are
involved. In addition to the breach of rights, if there
are such, there could be awarded by the jury, and if the
plaintiff is entitled to recover, he should recover those
elements of damage to the extent you are reasonably satis
fied he has sustained them. Compensatory damages are such
sum as would compensate the plaintiff for the loss sustained
with the least burden to the defendants consistent with the
idea of fair compensation. In addition to compensatory
damages under this statute, you may award, if the plaintiff
is entitled to recover, you may award the (269) plaintiff
punitive damages. Now, punitive means that which inflicts
punishment or is concerned with punishment. Punitive
damages are damages assessed by way of punishment to the
wrongdoer as an example to others who may be so-minded.
Punitive damages are sometimes referred to as sweat money
and sometimes referred to as exemplary or vindicative damages.
287
While juries are given a wide discretion in the awarding of
punitive damages, this discretion is not un unbridled or arbi-
trary one, but is a legal and an honest discretion.
In arriving at the amount of damages that should be
assessed, due regard should be given to the enormity of the
wrong. Punitive damages are not awarded for the purpose
of compensating, but for the purpose of punishing.
If the plaintiff is entitled to recover, he could
recover not only compensatory damages, but in your sound
discretion he would be entitled to punitive damages as well.
It takes all twelve of your number to agree on a
verdict. That is to say, your verdict must be unanimous.
I might state this to you, that sometimes where a
jury awards a verdict for the plaintiff, they arrive at it
by what we know as a quotient verdict, and that is an
illegal verdict. Now, a quotient verdict, you may have heard
this (270) before this case, but this case stands on its own
record, and it won’t hurt to restate the matter to you, a
quotient verdict is one where the jury agrees in advance to
abide the results of the following computation, that is,
each juror writes down the sum he wishes to award by the
verdict, and these amounts are all added together and the
total divided by twelve, and the quotient or amount thus
arrived at by the calculation is the verdict of the jury. Of
course, that is an illegal verdict, and if you award the plain-
tiff the verdict, you would not arrive at it by that method.
288
We had one witness who testified here as an expert,
this doctor. Of course, an expert is one who is qualified
as such by reason of special knowledge and experience.
The experience of the expert goes to the weight you will
give his testimony. It is for the jury to decide what, if
any, weight you will give to such expert testimony, based
upon the opinion of such expert. If the doctor gives an
opinion, that is not conclusive, but if he testifies to a
fact, that is just as binding as the testimony of any other
witness. You would, of course, have the right to consider
the opinion of the doctor, for instance, as to the permanency
of a scar. That is (271) a matter for the jury to say what
weight they will give to such opinim.
The clerk has prepared for your convenience forms of
verdict. Before I read these forms to you, I might state
to you you should consider each of the defendants separately.
In other words, there are two people sued here, and there
might be one would be liable and the other would not be
liable under the evidence.
If you find for the plaintiff in the case the form of
your verdict will be: We the jury find for the plaintiff
Arthur L. Jackson and against the defendant, and then you
set out whether the one or two, if it is one, set out his
name, and if it is two, set out both names, and access his
damages at blank dollars, one of your number signing as
foreman.
289
If you find for the defendant, or either of the defen
dants, you will set out their names in that form of verdict.
If you find for both defendants, set it out in there, and
if you find for one defendant, you will set it out in there,
and the other name would be in the finding for the plaintiff.
You will have no difficulty in getting that matter straight.
Is there any exception to the court's charge?
MR. SPARKS:
No, Your Honor.
MR. ADAMS:
No exceptions.
THE COURT:
Do we have the usual agreement as to the form of
verdict, it may be received, and if not in form, placed
in form by the clerk?
MR. SPARKS:
The usual agreement with the defendants.
MR. ADAMS:
Yes, sir.
THE COURT:
The jury may retire at this time and consider your
verdict.
(Whereupon, the jury retired to consider its verdict.)
290
C E R T I F I C A T E
STATE OF ATABAMA
JEFFERSON COUNTY
I hereby certify that the above and foregoing pages
contain a full, true and correct transcript of the pro
ceedings had in this cause.
s/ Thomas P. Meador
OFFICIAL COURT REPORTER
o • . 00O00.«.
DEPOSITION OF DAVID W. BUTTRAM
(Number and title omitted) (Filed: January 13, 1966)
DEPOSITION OF DAVID W. BUTTRAM, taken in the above-
styled cause pursuant to the provisions of Act 375 of the
1955 Legislature of Alabama, at the Deposition Room of the
Birmingham Court Reporting Company, Birmingham, Alabama,
before Ronnie Hewett, Court Reporter and Commissioner, on the
29th day of October, 1965 , commencing at 3:00 o'clock P.M.
A P P E A R A N C E S
MR„ OSCAR W, ADAMS, JR., Attorney at law, Masonic Temple
Building, Birmingham, Alabama, for the Plaintiff,
MR, DEMETRIUS C« NEWTON, Attorney at Law, Masonic Temple
Building, Birmingham, Alabama, for the Plaintiff,'
MR. GUY SPARKS, JR., Attorney at Law, Anniston, Alabama, for
the Defendant.
Reported by
RONNIE HEWETT
291
S T I P U L A T I O N
In the taking of the following deposition of David W.
Buttram, taken in the foregoing-styled cause pursuant
to provisions of Act 375 of the 1955 Legislature of Alabama,
IT WAS STIPULATED AND AGREED by and between the parties
through their respective counsel as follows:
THAT it would not be necessary for attorneys to object
to any questions propounded to the witness, except as to
form or leading questions, but that objections could be
made to the Court at the time of the offer in evidence of
the testimony presently takenJ
THAT the reading and signing of the deposition by the
witness is waived;
THAT the notice of the filing of the deposition in
court by the court reporter is waived.
This 29th day of October, 1965.
s/ Ronnie Hewett
Court Reporter - Commissioner
D E P O S I T I O N
DAVID W. BUTTRAM, called as a witness, being by me
duly sworn to speak the truth, the whole truth, and nothing
but the truth, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. OSCAR ADAMS:
Q Please state your name.
292
A David W. Buttram.
Q Mr. Buttram, where do you live?
A 305 2th Street Southwest, Birmingham,Alabama.
Q And how long have you lived in Birmingham?
A Twenty-three years.
Q You are employed at the present time?
A Yes.
Q What is your employment?
A I am the Court Crier of the United States District
Court for the Northern District of Alabama. Judge Grooms'
court.
Q And how long have you been in that capacity?
A Approximately nine years.
Q Could you state to us, briefly, what your duties
are ?
A To open and close court and keep order, call witnesses,
guard the jury when they are deliberating and run errands
for the judge.
Q You work with Judge Hobart Grooms in this capacity
and have done so during the time you have been so employed,
is that right?
A Right.
Q And in this capacity, do you travel through this
293
particular district?
A I do.
Q Do you know how many divisions there are in the
Northern District?
A There are seven, I believe.
Q Well --
A Divisions did you say'
Q Yes, sir.
A Let's see, there are seven.
Q And what are your duties with reference to the
Grand Jury and the Petit Juries?
A Well, I don't ever -- my duties don't touch the
Grand Jury at all, no. The Petit Jury, when they are
in my court,my duties are, when they are deliberating,
I guard the door.
Q And have you -- do you know how many persons are
on the Federal Grand Jury in the Northern District?
A No.
Q How many are on the Petit Jury?
A I don't know.
Q You have seen Petit Juries. That is your duty
to --
A You mean on a case? How many for a case?
294
Q Yes, sir.
A Twelve jurors to a case.
Q Tell us who does the supervision or acts in that
relationship as far as the Grand Jury is concerned?
A I don't know whether I --
Q Is there any comparable position, as far as the
Grand Jury is concerned?
A I don't think so. I can tell you who guards the
Grand Jury when they are in session.
Q Yes, sir.
A The United States Marshall.
Q The United States Marshall?
A And his deputies, yes.
Q And his first name is what?
A Roy.
Q You don't know how long he has been the United
States Marshall, do you?
A Well, approximately three years.
Q Now, as far as the Petit Juries are concerned, I
think you said that you do have a relationship as far as
they are concerned. Tell us, have you ever seen any
Negroes on the Petit Jury serving in the Northern
District?
295
A Yes, sir.
Q What is the highest number that you have ever seen?
A Well now, are you speaking of a panel or are you
speaking of a particular case?
Q Well, on some particular case.
A Well, there is several times that there have been
two or three, could have been more or could be less but
I know there has been that many.
Q Now, have you ever seen any Petit Juries that were
all white?
A Oh yes.
Q Now, how many persons generally Mr. Buttram, are
on a jury panel?
A Well, let's say somewhere in the neighborhood of
fifty.
Q I see, and the Petit Juries are drawn from that
particular panel, is that right?
A That's right.
Q Are women also serving on Petit Juries in Alabama?
A They do.
Q And in the panel of fifty, do you frequently see
women ?
A Oh yes.
Q And have you seen Petit Juries that have many women
or just a few women or just how is that worked out?
2 9 6
A I never pay too much attention to them. I have only
been there nine years. There are always some on there. One,
two, three, four or five but the last two or three years there
have more women than usual.
Q You are speaking of on a panel?
A Panel, yes.
Q Have you ever seen women serving on a Petit Jury?
A Yes.
Q Would you say that would be frequently or very infre
quently?
A Well, I would say frequently. I am speaking of my court,
that is, the one that I am in.
Q Yes, sir, and on a panel of fifty,have you ever seen
twenty-five or more women on a panel?
A No.
Q Have you seen twenty-five or more Negroes on a panel?
A No.
Q Can you tell us, Mr. Buttram, the average number of
women you would see on a jury panel, just roughly?
A Oh -
Q Now, I don't mean precisely.
A Four or five on a panel.
Q Women?
A Yes.
Q How about Negroes?
A Well, about the same number.
297
Q And has this been going on continuously -- well, let
me go back -- as far as women are concerned, how long have
they been serving on a jury panel in the Northern District?
A I don't remember exactly, it would be our first one I
would say about four years ago in Huntsville.
Q Now, on the number that you have mentioned that would
come in on a panel that would be Negroes,did you mean by
that figure that that was an average?
A I would say average, yes.
Q Now, what was that number that you said? An average
of how many?
A Women?
Q Negroes.
A Negroes average four or five, sometimes more but
around that average.
Q Have you ever seen an all white panel?
A I don't remember but if I was going to guess, I would
say no.
Q Well, would you --
A It would have to be a guess but I would say no.
Q Have you ever seen, on a panel, as far as the represen
tation of Negroes, as few as one or two?
A Yes.
Q And have you seen more than four or five on a panel?
A I don't remember.
Q Do you have any guess about that?
A No, no, I don't want to guess about that.
Q But you would say an average of four or five?
A That is my recollection.
Q Now, are the Petit Juries in certain cases kept together
or do they go back home at night?
A They go back home.
Q You don't ever have to keep the jury together?
A I never have in my nine years, no.
Q Had you ever seen as many as eleven or twelve Negroes
on a pa ne 1 ?
A No, I haven't.
Q Well would you --
A I am not saying it couldn't have been but I didn't see
them.
Q And you say that your duty is to serve the Petit Jury
in the position of court crier, is that right?
A Yes.
Q And what do those duties entail?
A As far as the jury is concerned?
Q Yes.
A I guard the door when they deliberate and they notify
me when they are ready and I bring them in,
Q Are you usually in the courtroom all the time the case
298
is being tried?
299
A Mostly, yes.
Q Well, you see the jury when they come out of the box
and go into deliberation?
A The judge directs me to follow them into the jury room,
yes.
Q And you also, I suppose, if they have a verdict, they
give it to you or knock and tell you that they have a verdict?
A They knock and tell me, ,!We have got a verdict" and I
report to the judge and he tells me when to bring them in.
Q I see. So you have a very good idea of the composition
of the juries that have served before Judge Grooms in the
nine years that you have been there as far as race is
concerned?
A I would say a fairly idea, yes. I don't have a
good memory or as good a memory as I used to when I was young.
Q I see. Now, can you answer this, Mr, Buttram, whether
or not it is more frequent that these Petit Juries are
without Negroes than they are with them?
A I can't answer that. X just -- I couldn't say.
Q You don't remember whether it is more frequent that they
are all white juries than there are some Negroes?
A I guess it would be more frequent that they are all
white.
Q I see. You say that -- what is the largest number of
Negroes you have ever seen serving on a Petit Jury since
300
you have been there?
A I couldn't say how many I have seen but I can say how
many I remember seeing.
Q That is what I mean, actually serving on the jury in
the trial of case?
A In the trial of a case. Well, this last -- it was when
we had our last session, I believe it was September was when
the last jury trials were held and I believe we had two on
one case. That was in those four weeks of trials.
Q That was when?
A It was in the month of September.
Q Last month?
A Last month, yes.
Q Is that the largest number you have seen on a Petit
Jury?
A The largest I can remember on a particular case.
Q Usually, if you see a jury trying a case and if there
is any Negro representation, it is usually one, isn't that
right?
A Well, I would say more one than two. I --
Q What I mean is --
A More times there is one,
Q Than two?
A That's right.
Q And more times, as you have said before, they are all
301
white juries than there are juries with some Negroes on it?
A I would say so, yes.
Q Now, as far as women are concerned, Mr. Buttram, I would
like to go over that again with you. Can you tell us the
largest number of women you have seen serving on a Petit
Jury panel in the few years that women have been serving?
A On the panel?
Q On the Petit Jury, not the panel. In the trial of
a case.
A It is usually one. Usually one most of the time. I
don't remember ever seeing two but it might have been two,
might have been three, but I can remember one.
Q Usually one?
A Yes.
Q And more frequently, as in a case of Negroes, more
frequently it is all male, isn't it?
A Yes.
Q And you say that when the panels are brought in there,
there are how many on the panel?
A Well, somewhere in the neighborhood of fifty, forty-six,
forty-seven, forty-eight. You have got three courts operating
sometimes and you have got three juries hearing cases so you
have got to have enough to strike from.
Q You never have occasion to have a number much larger
than fifty?
302
A No.
Q Usually fifty?
A In the neighborhood of fifty, yes.
Q I believe that will be all.
A Unless, more times than — usually somewhere between
forty and fifty. Forty-six or forty-eight, somewhere along
in there.
Q Do you know of any occasions where the juries have had
to be kept together in a federal court?
A Just once since I have been there.
Q That is in Judge Grooms* court?
A Judge Lynne's court.
Q Judge Lynne's court?
A Yes.
Q What type case was that?
A Bank robbery case. This woman robbed a loan company
in Homewood, if you remember.
Q Yes, sir, I remember.
A Well, they were keeping those people together.
Q That's the only case that you know of?
A The only case that I remember, yes.
Q Were there any Negroes on that jury?
A I don't know.
Q And you don't know whether there were any women either?
A No, I don't. I didn't even go in the courtroom.
303
MR. ADAMS:
That is all.
MR. SPARKS:
No, I have no questions Mr. Buttram. Nice to see you.
FURTHER DEPONENT SAITH NOT
C E R T I F I C A T E
STATE OF ALABAMA )
JEFFERSON COUNTY ]
I, Ronnie Hewett, a Court Reporter at Birmingham, Alabama,
do hereby certify as follows:
THAT I correctly reported in shorthand the foregoing
deposition of David W.Buttram, at the time and place stated
in the caption hereof;
THAT the witness was by me duly sworn and was examined
by counsel;
THAT I later reduced my shorthand notes to typewriting,
or under my supervision, and that the foregoing pages 1 to 15,
both inclusive, contain a full, true and correct transcript
of the testimony of said witness on said occasion;
THAT I am neither of kin nor of counsel to any parties
involved in this matter, nor in any manner interested in
the result thereof;
THAT the reading and signing of the deposition by the
witness was waived by counsel and the witness.
This 1st day of November, 1965.
s/ Ronnie Hewett
Court Reporter-
Commissioner
304
D EPO SITIO N OF JAMES H. JONES
(Number and title omitted) (Filed: January 13, 1966)
DEPOSITION OF JAMES H. JONES, taken in the above-styled
cause pursuant to the provisions of Act 375 of the 1955
Legislature of Alabama, at the Deposition Room of the Birmingham
Court Reporting Company, Birmingham, Alabama, before Ronnie
Hewell, Court Reporter and Commissioner, on the 29th day of
October, 1965, commencing at 3:30 p.m.
A P P E A R A N C E S
MR. OSCAR W. ADAMS, JR., Attorney at Law, Masonic Temple
Building, Birmingham, Alabama, for the Plaintiff.
MR. DEMETRIUS C. NEWTON, Attorney at Law, Masonic Temple
Building, Birmingham, Alabama, for the Plaintiff.
MR. GUY SPARKS, JR., Attorney at Law, Anniston, Alabama,
for the Defendant.
R e p o r t e d b y
RONNIE HEWETT
S T_I_P_U_L_A_T_I_Q_N
In the taking of the following deposition of James H.
Jones, taken in the foregoing-styled cause pursuant to pro
visions of Act 375 of the 1955 Legislature of Alabama, IT WAS
STIPULATED AND AGREED by and between the parties through their
respective counsel as follows:
THAT it would not be necessary for attorneys to object
to any questions propounded to the witness, except as to
form or leading questions, but that objections could be made
305
to the Court as the time of the offer in evidence of the testi
mony presently taken;
THAT the reading and signing of the deposition by the
witness is waived;
THAT the notice of the filing of the deposition in court
by the court reporter is waived.
This 29th day of October, 1965.
s/ Ronnie Hewett
Court Reporter-Commissioner
D E P O S I T I O N
JAMES H. JONES, called as a witness, being by me duly
sworn to speak the truth, the whole truth, and nothing but the
truth, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. OSCAR W. ADAMS, JR:
Q Mr. Jones, would you state your name, please, sir?
A James H. Jones, just like it-is on this,
Q Notice?
A Yes.
Q Mr. Jones, where do you live?
A I live in -- out in the country a piece from Centre,
Alabama in Cherokee County, Route 2.
Q And how long have you lived there, sir?
A Well, outside of the time I worked for the United States
Government here in the Treasury Department for eleven years,
I have been there 77 years.
Q I assume that you were born there?
3 0 6
A I certainly was. I was there and I know all about it.
Q You say you worked for the United States Government
for a time?
A I worked for the Treasury Department, yes.
Q That is in Alabama or where was that?
A I worked here in the office for one year and I was
transferred to Huntsville, Alabama and I stayed there almost
three years and was transferred to Montgomery and I was in
charge of the Middle District of Alabama, comprising nineteen
counties and I stayed there for four years and about that
time my boy got ill and he was in pretty bad shape and I
asked them to transfer me back to Birmingham sci could visit
him every week. I stayed here until August in 1933 and went
back home and my father had died and left me my mother.
Q Mr. Jones, just before you got -- are you the Jury
Commissioner here in the Northern District?
A I am.
Q How long have you been so employed?
A I was appointed in 1952.
Q And that was by whom?
A Judge Lynne, I believe, I am not certain. I think that
is right because he was Judge at that time. 1 am pretty sure,
Q Now, is there any time limit to that appointment?
A I don't know, I never asked to be put on there.
307
I was just appointed and I do the job when they want to
fill the jury box and that's all I know about it.
Q All right.
A I don't know whether there is any tenure to it or not.
Q I see. Now, other than this employment that you had
with the Federal Government, what other employment have you
had, sir?
A I was chairman of the Agricultural Stabilization
Commission in '53 through '57 in Montgomery.
Q Are you retired now or do you have --
A No, I am retired. I live up there on a little farm and
I just sort of look after that farm, sir. I don't do anything
because I am not able to do manual labor.
Q Can you tell us any occupation that you had other than
the ones you have just told us about?
A Nothing other than looking after my farm. I was
president of the Cherokee County Farm Bureau for four years.
Q Would you establish yourself as a farmer?
A Yes -- proud of it.
Q I have no objection to farmers. I just wanted to know
how you would style yourself and if it v?as a farmer.
A I operate the gin plant and all that kind of stuff and
come down here and got this job with the Internal Revenue
in 1923 and was transferred to Huntsville and was in charge
of the Northern District of Alabama and then I came back here
and worked out of the Birmingham office the balance of the time.
308
Q And your duties in that income tax division were of
what nature?
A To investigate transcripts that were filed -- people
that filed tax reports and sometimes they were in error and
I corrected them and went back to pick up the delinquent
returns and things of that kind.
Q You think that you have knowledge of all the divisions
in the Northern District?
A Possibly so. I have served on the jury in Gadsden,
Huntsville, Florence and I believe that's the only federal
juries that I have ever sat on.
Q You mean you have served as a juror?
A Yes, as a juror.
Q Are you familiar with the various divisions of the
Northern District?
A No, not particularly, I just know of the division and
have served as jurors in three of the districts.
Q You have served on juries?
A Yes.
Q Your title, as far as this Northern District of Alabama
is concerned, is Jury Commissioner, is that right?
A That's what I understand.
Q Are there any other persons working with you as
Commissioner?
A Mr. Davis, the Court Clerk and his staff of office
people.
309
Q You all work with them but there are not other jury
commissioners other than yourself?
A No, you see, under their setup we are required to have
one Democrat and one Republican to select these juries and
I happen to be a Republican and they put me on there and
notified me that I had been put on and --
Q Who is the Democrat?
A William E. Davis, the Clerk.
Q I see. Now, can you explain to us just what you under
stand your duties to be as Jury Commissioner?
A Whenever the jury box gets so low, the judge orders the
box to be refilled and when that happens they call me and
the judge writes me a letter and tells me that the jury box
is to be filled and I come down here and usually it takes
about eight to ten months to a year to do it.
Q I see. Well now, tell us, Mr. Jones just how do you
go about filling a jury box?
A We send out questionnaires to key people all over the
thirty-one counties in the Northern District of Alabama
such as probate judges and different clubs, white and Negro
and chairman of boards of revenue departments and the superin
tendents of education in the counties and all these different
key people all over the district.
Q Now, how do you go about collecting your key people?
A Well, we just pick them up. I had to make some notes
to refresh my memory on some of this stuff, for instance, we
310
have veterans organizations, white and colored as you know,
bankers, VFW Clubs, Negro organizations, county superintendents
of education, presidents of county boards of revenue, Jeans
teachers school and teachers, colored and white. For in-
stance, the head of a school or a high school or something like
that or maybe a labor organization, judges of probate courts,
county boards of revenue and all of this is done under
statutory requirements to find out whether they are qualified
and the people we pick are from all walks of life without regard
to race, color or religion or politics.
Q All right.
A And we don't know who they are because they send these
cards in and we take them and file them and we don't know whether
they are colored or white or what they are.
Q Well, you actually -- now, these different key people
that you speak of, they are people that you select or they
Uare people who somebody else selects?
A Well, for instance, we have these organizations in
each county you know and we just write them and tell them what
we want and for them to send us names of people to serve as
jurors. They are supposed to send us people that they would
not hesitate to have them try their case or something like
that.
Q How do you go about selecting key people? Who would
get Negroes on the jury?
311
A Well, we select organizations like the VFW, Negro
organizations -- well, we presume to be Negroes and Veterans
organizations, white and black and we have got a list of
them in each county you know and the presidents of boards
of education and we contact those people.
Q Well, they are usually white, aren't they, the presi
dents of boards of education?
A I don't know of any that are not.
Q And naturally, do you have any Negro assisting you to
get these jurors together?
A No, no, we write to lots of Negroes and their organi
zations and they are supposed to send us names in.
Q How do you find out which organizations are Negro
organizations?
A Well, for instate, you take a phone directory or
something like that in Centre, Alabama and it lists all these
organizations and all whatnot.
Q They don't list them by race, do they?
A Not that I know of, no.
Q I am just trying to find out how you would know what
organizations are Negro organizations and what people are
Negroes in those sections.
A Well, we don't know.
Q You just hope they are representing the Negro people,
is that right?
312
A Now, I will tell you a case that happened in my county
last August a year ago. We have one man up there that --
Q Go right ahead.
A I have known him quite awhile and --
Q Not too long though isn't it?
A About forty years and I was going down the street and
he hollered at me and came across the street to speak to me
and he says that he had just served on the jury down at
Anniston, Alabama and that he had made $43.00 in two days
serving on the jury and you know Mr. Jones, in the clerk's office
and I told him yes that I knew him and he told me, said, you
were responsible for me being on the jury. Well, I didn't
know anything about it to tell you the damn truth about it.
Q Well, how did you happen to get your key people or are
these just people that you look through the city directory
and -- do you use a city directory?
A No, no, they do that out of the clerk's office to
these people.
Q Well, is it the clerk's office that selects key people
or do you do that?
A They select the people to write to.
Q I see. So you don't know whether or not they have
selected the cross section of the Negro population in the
district or not, do you?
A Well, I know they send out these questionnaires to
different ones. They don't know nothing about them.
313
Q Now, the clerk's office is comprised of white people,
isn't it?
A Yes, there is one or two, I think.
Q Where?
A They are in the clerk's office. I see them all around
there.
Q In Birmingham, Alabama?
A Yes.
Q You have seen some Negroes in the clerk's office in
Birmingham?
A Sure have. I don't know whether they work there or
not though.
Q You don't know whether they are employed there, do
you?
A Well, I wouldn't know about that.
Q Well, have you ever seen any Negro stenographer there?
A No.
Q What capacity have you seen a Negro in the clerk's
office as?
A I have seen some in there. I don't know whether they
are employed there or not in the clerk's office.
Q As a matter of fact, you don't know whether they have
any Negroes employed there and you have never known any being
employed there, have you?
A Not specifically, no.
Q You do know some white people are employed there?
314
Miss Tortorici is one, isn't she?
A Yes, I never have met very many of them. I don't know
their names.
Q I see. Now, are you well acquainted with Negroes
throughout the various counties? and divisions of the
Northern District or are you just relying on these lists?
A No, I know the Negro population in my county pretty
well.
Q I see.
A But as far as these other counties, I wouldn't know
about that.
Q I see. Do you know whether or not these people, these
key people that you write to in these various organizations,
that you write to send in the same number of names?
A No, they send different number of names.
Q Now, after you get the names from this different
correspondence, Mr. Jones, tell us what is done with these
na me s ?
A Well, we send them a questionnaire that asks how old
they are and things like that and they are suppose to send
that questionnaire back to us stating whether they would
like to serve or could serve on the jury or not. We never know
nothing about who they are, just the names.
Q If you got an answer from somebody saying they didn't
want to serve, do you eliminate those that say that or--
A No, we find out -- for instance, I had one fellow that
315
works in the water works department and he wrote back and
said it would be impossible for him to serve. He said that
the water might get out and they wouldn't have nobody to take
care of that and they called it to my attention and I told them
that he was all right and to let him go ahead and to s e r v e
on a jury. He was just trying to get out serving on a jury.
Q Now, tell us, when you check these by checking whether
they are able, do you check their age and so on and what
other checks do you make?
A Well, there is a certain statutory requirement that
the government has set up about one thing and another —
whether they can read and write or not. I don't think a man
would be on the jury if he couldn't read. I don't know but
that's one of the statutory requirements.
Q All right. Now, most of these key people that you
mentioned that you have, are they white people that you
contact?
A I don't know, we don't know about that. There are lots
of people that for instance, we get two or three professors
in schools up there that are colored and they are fine people,
good citizens, smart people and they are sent questionnaires.
Q Do you know whether most of them are men?
A All of them that I know of are men.
Q And I am getting back to my other question. What other
things do you check them for? Do you check their criminal
record ?
316
A That's one of the statutory provisions.
Q How do you go about checking that?
A Yes, we go over all of this.
Q And do you -- what do you do with the names once you get
them?
A We have a card index file and all that information on the
ones that are qualified for it and say that they would serve,
why we file them away and when the time comes -- for instance,
two years ago when we filled the box there was 3,000 in each
one. 3,000 for Mr. Davis and 3,000 for me and he put in a
batch and we throw them in a box.
Q How many do you -- how many names did you put in on that
occasion?
A We put in 3,000 each.
Q Three thousand so that would be 6,000 names and put it
in a box and when was that?
A That was in December of 1964.
Q Can you tell us what is your master list of those key
people that you say you have?
A They are all down there in the clerk's office.
Q You have got a master list of that?
A Yes, and the number of names that are in it.
Q The number and the names and addresses of the people
that are in it?
A That's right.
317
Q And you don't have a roll, you just have an index
file, is that right?
A Yes, and when they come to select a jury, why that's
done in the presence of the judge and the United States
Marshall picks them out one at a time and hands them over.
Q After these people have served, what do you do with
the names that are taken out of the box?
A There is a record kept of whether they served or not.
Of course, these files and these boxes become depleted from
time to time. Some of them move out of the state and one
thing or another and about every four or five years when it
is -- when it gets down to about 3,000 they have to refill
the box.
Q Now, what instructions do you give to these people
that you write to?
A Well, we just send them a questionnaire.
Q You mean the key people?
A Yes.
Q I see, do you-~
A We just write to them and tell them to send us names
that would be qualified to serve on juries without any
disregard to race, color or religion or anything like that.
Q You put that in your letter?
A Oh yes.
Q And you ask them to send any certain number of names?
A No, we just ask them to send us in some names. Some
318
might send ten, twenty or thirty,
Q You keep a master list on that. You have got the list
of what the key people send in?
A Oh yes, we have to do that.
Q But you don't -- you don't know how many Negroes or
how many white people --
A No, after we -- we don't know whether there are any
negroes or whether they are white people.
Q Now, the key people, do they have to know these people
well or personally?
A I don't know nothing about that.
Q You don't know anything about that?
A No, we don't know anything about that.
Q Do you undertake to investigate their character or
is anything --
A Well, we just send them a questionnaire.
Q The people?
A The people that they have sent in to us and when they
sound pretty good, we take them,
Q Do you ask whether or not they are white or Negro?
A No, no. No, siree.
Q Most of the key people, you say, are white, didn't you
say that ?
A I don't know but we send letters to these different
places, the State Board of Revenue, Probate Judges and
I guess, mostly they are.
319
Q They are white?
A Yes, sir.
Q And you are more thoroughly acquainted with the white
people than with the Negroes?
A Not up in my county, brother.
Q You are more familiar with just the areas up around
in your district?
A I guess that I have been in every county in this state
Q And of course, you are more thoroughly acquainted
with white people than Negroes, is that right?
A Well, yes.
Q Now, does the judge ever issue any instructions, Mr.
Jones, as to how you should go about your job?
A None whatever.
Q He has never said anything about getting a cross-
section of this district?
A We want them to send us names of people without any
discrimination of race, color or anything of the kind. That
is what we go by, we don't pay any attention about whether
they are colored or not, and we don't know anything about
them.
Q Do you know, Mr. Jones, whether the jury box is kept--
A It is kept under lock and key in the Marshall's office
Q And when the judge wants to pull out the names, he--
A He has it brought before him.
320
Q He doesn't ask you to--
A No, I have got nothing to do with the court procedure.
Q Do you know where they draw those names from?
A I beg your pardon.
Q Do you know where the names are drawn from. Do you
know where the drawing takes place?
A In the presence of the judge. When we filled this box
last December, years ago it was locked in my presence and
nobody had a key except the U. S. Marshall.
Q Do you know whether or not most of your key men are
in this county or not?
A No, they are all over the thirty-one counties in
this district, the Northern District of Alabama.
Q In other words, you said they are not concentrated
in Jefferson County?
A No.
Q Is it possible that the number of Jefferson County
people is similar to the number in Talladega County?
A No.
Q What would be the difference?
A There is more population in Jefferson County and that
is why and when we select this jury it is done on that basis.
We don't know that, we just pick that up at random.
Q You don't have more key men in this county than in any
other county?
A N o .
321
Q Do you keep any figures or any knowledge of the census
record or statistics of the various --
A I know in Cherokee County where I live, there is between
sixteen and seventeen thousand people. There is about
seventeen thousand, seven hundred.
Q All right. Do you know anything about any other
counties as far as census or --
A In Talladega County they have a pretty good population
of Negro census and in Jefferson County they have a pretty
good population of Negro citizens.
Q And Madison?
A And Sinclair is more or less agricultural people and
it doesn’t have so very many colored people.
Q Well, let me ask you this, do you know the tt e census
figures as to the percentage of Negro population throughout
the entire district?
A No, I never have paid no attention to that. I do
know in my own county, it is 80 percent.
Q You are more familiar with your county and a few other
counties than any other counties, is that right?
A I never paid no attention to any of the other counties
in the other parts of the state.
Q I mean, in the Northern District?
A There is quite a few in your county, Mr. Sparks.
Q Right. Now, can you go again with us, Mr. Jones, and
tell us how you select these key men in these different
322
organizations?
A Well, I told you we just write a letter —
Q I know you say you do that but now, on what basis do
you make a determination as to who you should write?
A Well, take for instance, the VFks, they are in every
county and we just send -- we just write a letter to the
VFW organizations of these counties and the probate judges
of these counties and the boards of revenue in these counties,
the principals of the schools and things of that kind and ask
them to send us the names of the people and tell them the
kind that we want.
Q Do you write to all the principals in every county
or just some?
A I don't know,just lots of them.
Q You don't know whether they write to all of them or not?
A No, I don't know. Some of them they might not be able
to locate.
Q And you have a Negro VFW in every county*?
A I don't know, I think so.
Q Is there Negro VFW, say in Lauderdale County?
A Well, I don't know about Lauderdale County.
Q What about in Etowah County?
A They have them in Etowah County and Cherokee County.
Q Tuscaloosa County?
A I don't know about that. That would be too far off
for me.
323
Q Would you know about in Hale County?
A No, that's not in my district.
Q What about Green County?
A I don't know.
Q You don't know about in Green County?
A No.
Q Do you know about the Negroes in Green County?
A No.
Q Do you know any Negroes say for instance in Franklin
County?
A No.
Q And do you know any Negroes in the county in which -■
in Lauderdale County?
A No, I don't know anything about that. I have been
there quite a bit but I don't know too much about it.
Q What about in Calhoun County?
A I don't know any Negroes in that county. I don't
believe I can name any.
Q That's Mr. -
A There is lot's of them comes to the lake fishing but
I don't know them.
Q But you don't know them?
A No.
Q What about Bibb County?
A N o .
324
Q Green?
A No.
Q You said no in Green?
A Yes.
Q Sumter?
A Yes. And in DeKalb County, and also in Fort Payne.
Q Marshall County?
A No.
Q St. Clair County?
A Yes, I know Rev. Green down there. I mean Rev. Brown,
Q That is one of your key men?
A Yes, he is one of the key men and he is a preacher.
I had carried him up to his chapel many a time from Centre,
Alabama.
Q I see. In Cullman County?
A No.
Q How about Jackson County?
A No.
Q Lawrence?
A No.
Q Limestone?
A No.
Q Madison?
A I used to know lots of them when I lived there three
years ago.
Q How about Morgan?
A No, I don't believe I know any there.
Q
A
Do you know any in Blount County?
Yes, I know a few in Blount County but I don't remember
their names.
Q Are there any of your key men there?
A Yes.
Q But you don't know their names?
A No.
Q Did you write to any of those the last time you filled
the box?
A They were all written to. All of these key men we
could get to represent these organizations.
Q Do you know any Negroes in Jefferson County?
A No.
Q Do you know any Negroes in Shelby County?
A No.
Q Well, these clubs and organizations that you write
to, how are they selected, Mr. Jones?
A They get their names and they write some place and
ask for the organization and when they send the names we
send them a letter.
Q Do you know personally the names of Negro organizations
that are listed?
A I don't pay no attention to that part of it. That's
all done in the clerk's office and they send them out but
I am going to say this, as far as I know, there is no
3 2 5
326
discrimination whatever between the whites and the blacks.
Q Well, do you --
A I f t h e r e i s , i t i s n o t i n t e n t i o n a l and I do n o t know
a n y t h i n g a b o u t i t .
Q But y o u d o n ' t know N e g r o e s t h r o u g h o u t t h e w h o le
district ?
A No.
Q You j u s t seem t o know them a r o u n d w h e re you h a v e l i v e d ?
A Yes. Now, you take in my home county, I live in
Precint No, 1 in Cherokee County and we have got quite a few
Negroes in that county and they are upright good citizens and
good friends of mine and the come to me for advice and one
thing and another all along and the great majority of them
own their own home and they have got lots of pride and we
respect them and they respect us. Now, I have a friend
there that is two years older than myself and I have known
him all my life and I am 77 years old and for 20 years there in
Cherokee County I did accounting work, tax accounting,
private work and this fellow came to me -- into my office
one day in 1949 and asked me if he should put some interest
in his tax report and I said yes because it was income to
him. Now, I told him that I didn't know but to ask Mr. Green
he is the Secretary-Vice President of the bank and told him
to ask him because he could tell him. He went over there
one day and asked him to think about it and ask him and
he said that he had a savings account and he went to his
327
files and we went -- the man had $32,500 and today it has got
$50,000 in it. They are substantial folks, you dang right
they are.
Q Now, getting back to my point. Do you know whether
they live in the various counties or are they usually
from Jefferson County?
A No, they send these out into every county and instruct
them to send them names of different organizations.
Q You mean send letters out?
A Yes, send letters out, of course.
Q They don't live in these counties, do they?
A Sure they do.
Q You mean the clerks themselves?
A No.
Q Now, these clerks, I believe they are all white, as
far as you know?
A As far as I know, yes.
Q And they live in Jefferson County. Do you know whether
they are acquainted with Negroes in various counties?
A No, I don't know nothing about that.
Q Do you know whether they have written to any particular
women's organizations, as far as trying to get women?
A No, I don't know any thing about that.
Q You don't know anything about that?
N o.
Now, you yourself, have you personally made contact
A
Q
328
w i t h w om en's o r g a n i z a t i o n s ?
A No.
Q You h a v e n o t ?
A No.
Q Do y o u know, t o y o u r own k n o w l e d g e , w h e t h e r o r n o t
t h e r e i s a c e r t a i n p e r c e n t a g e o f N e g r o e s i n t h e b ox?
A No, I d o n ' t know and nobody e l s e d o e s e i t h e r .
Q I s e e . Have you e v e r t h o u g h t i t n e c e s s a r y t o b r i n g
t h e N e g r o e s t o a c e r t a i n p e r c e n t a g e i n t h e box?
A W e l l , I h a v e n ' t g i v e n i t t o o much t h o u g h t b u t t h e y
h a v e b e e n on th e j u r y f o r f o r t y y e a r s and I h a v e s e r v e d
on two j u r i e s i n E tow ah C o u n t y and t h e r e was two N e g r o e s
f r o m t h e S t . C l a i r C o u n ty on t h e r e and I s e r v e d on a n o t h e r
j u r y when Jud ge Cannon was up t h e r e s e r v i n g and I s e r v e d
i n H u n t s v i l l e and F l o r e n c e and t h e y a l l had N e g r o e s on i t
e x c e p t one and on t h a t one t h e y had two on t h e r e .
Q Have you e v e r s e e n more t h a n two?
A No.
Q Have y o u e v e r s e e n many p a n e l s w h e re i t was a l l w h i t e ?
A In C i r c u i t C o u r t ?
Q F e d e r a l C o u r t ?
A No, I h a v e n ' t p a i d much a t t e n t i o n t o t h a t . M i g h t y few
j u r i e s t h a t I h a v e s e e n o t h e r t h a n t h e ones t h a t I h a v e
s e r v e d on.
Q You w e r e on a p a n e l when y o u w e r e e v e n t u a l l y b r o u g h t
i n t o P e t i t J u r y ?
329
A Yes.
Q You were part of the panel yourself?
A Yes.
Q Did you observe Negroes on all the panels that you
have served on?
A Yes, all that I have served on.
Q Can you tell us whether or not you have separate boxes
for each different county in the Northern District or whether
they are all in one box?
A All in one box.
Q So in a case --
A They are in an index file -- A, B, C, and right on down
the line. There is nothing there to indicate whether they
are colored or whether they are not and nobody knows. Now,
one time way back yonder they had a box that was separated but
they stopped that quite a while ago and you don't see that now.
Q How long ago was that?
A Twenty years ago.
Q They stopped that over twenty years ago?
A Something like that.
Q Have you ever made any effort on the part of your
office as jury commissioner or the clerk's office to bring
a cross-section which would represent the economic status
of the people in the district?
A (Witness nodded negatively.)
Q You shook your head but I don't know if he can write
that.
A No.
330
Q You d o n ' t know o f a n y e f f o r t t h a t has b ee n made t o
b r i n g i n r i c h o r p oor c l a s s p e o p l e ?
A No, n o t h i n g l i k e t h a t - - a man a i n ' t g o t n o t h i n g b u t
a s h i r t t h e n he c a n make a j u r o r .
Q Do you know w h e t h e r t e l e p h o n e b o o k s a r e u s e d or n o t ?
A I d o n ' t t h i n k s o , t h e y w r i t e t h e s e l e t t e r s .
MR. ADAMS:
Thank yo u v e r y much. T h a t i s a l l , u n l e s s Mr. S p a r k s
wants to a s k you some q u e s t i o n s .
MR. SPARKS;
No I d o n ' t b e l i e v e I d o .
FURTHER DEPONENT SAITH NOT
C E R T I F I C A T E
STATE OF ALABAMA
SS
JEFFERSON COUNTY
I , R o n n ie H e w e t t , a C o u r t R e p o r t e r a t B irm in g h am , A la b a m a ,
do h e r e b y c e r t i f y a s f o l l o w s :
THAT I c o r r e c t l y r e p o r t e d i n s h o r t h a n d t h e f o r e g o i n g
d e p o s i t i o n o f James H. J o n e s , a t t h e t i m e and p l a c e s t a t e d i n
t h e c a p t i o n h e r e o f ;
THAT t h e w i t n e s s was by me d u l y sworn and was e xam in ed
by c o u n s e l ;
THAT I l a t e r r e d u c e d my s h o r t h a n d n o t e s t o t y p e w r i t i n g ,
331
or under my supervision, and that the foregoing pages 1 to 33,
both inclusive, contain a full, true and correct transcript
of the testimony of said witness on said occasion;
THAT I am neither of kin nor of counsel to any parties
involved in this matter, nor in any manner interested in t h e
result thereof;
THAT the reading and signing of the deposition by the
witness was waived by counsel and the witness.
This 2nd day of November, 1965.
s/ Ronnie Hewett
Court Reporter
* *.ooOoo.«.
M JSk? Smficg, Site,
327 Chartrei St,
Yjew O r(eand, jH a ,. 70 /3 0