Rock Hill v Henry Transcription of Record

    State of South Carolina
IN THE SUPREME COURT

APPEAL FROM YORK COUNTY 
H onohabue George T. Gregory, Jr., J udge

CITY OF SOCK HILL, Respondent, 
against

LEROY HENRY, Appellant

CITY OF ROCK HILL, Respondent, 
against

ALBERT JOINER, Appellant

CITY OF ROCK HILL, Respondent, 
against

BOBBY COLLIER, Appellant

CITY OF ROCK HILL, Respondent, 
against

DAISY BOWEN, WILLIAM R. BARNETTE, ROBERT LEE CAMPBELL, 
CHARLES EDWARD HOLLEY and WANDA JEAN HOLLAND, 

Appellants

CITY OF ROCK HILL, Respondent,
CLQCLVYlSt

MARY ANN WEBB, VERA PARKER, JOHNNY McCELLAN, LILLIAN LOR­
RAINE THOMPSON, and JOHN WESLEY MOORE, Appellants

CITY OF ROCK HILL, Respondent, 
against

GERALDINE TEREASE STANLEY, ANNETTE PARR, MARGARET GREGORY, 
MARGARET ANN LEWIS, BOBBY GENE MILLS, BILLY MACK PRUITT, 
SYLVESTER ANDERSON, BERNARD GILLIAM, ANNE MONTGOMERY 
and ROBERT WATSON, Appellants.

CITY OF ROCK HILL, Respondent,
against

LONNIE W. GRAHAM, JR., ROBERT OWENS, CLARENCE WALKER, WIL­
LIAM PAGE, RUFUS GAMBLE, EDDIE LEE SWEET, STONEY BERRY, 
ESTER R. MONCREE, CHARLENE LOWERY and JOHN THOMAS DAVIS, 
Appellants.

CITY OF ROCK HILL, Respondent, 
against

MARGARET MILLER, HARRY C. KITT, LAVERNE MOODY, GRADY STAN­
LEY. BARBARA J. PERKINS, THELMA DAVIS, EMMA D. HOUSE, KATIE 
B. WILLIAMSON, ALBERTA NASH, LESTER ELLEBY, ISIAH COVERT, 
KATHERINE TALLEY, NANCY L. GILES, ALLIDEASE JAMES and 
LUCILLE JOHNSON, Appellants.

CITY OF ROCK HILL, Respondent, 
against

ARTHUR HAMM, JR., MAGGIE ROSETTA RICHMOND, JAMES THOMAS 
FRANKLIN, MARTIN LEROY JOHNSON. IRENE O'NEAL GILES. VIN- 
NILE LEATHA YOUNG, HOWARD HAMER, BEATRICE JONES, MARY 
ELIZABETH HAYES. SHIRLEY JEAN JARRETT. AGGIE WASHINGTON, 
MARY LEE WILLIAMSON, JAMES WEST, MARTHA LEE STOWE, BETTY 
JEAN LINDSEY, FLORIDA BELL BASKIN and MADGALINE TILLEY, 
Appellants.

TRANSCRIPT OF RECORD
Jen kin s and P erry,

Columbia, South Carolina, 
Donald James Sampson,
W illie T. Sm ith , Jr.,

Greenville, South Carolina. 
Attorneys for Appellants. 

Daniel R . McL eod,
Attorney General,

Columbia.. South Carolina, 
Everett N. Brandon,

Assistant Attorney General, 
Columbia, South Carolina, 

George F. Colf.m an ,
Solicitor. Sixth Judicial Circuit, 

Winnsboro. South Carolina, 
Spencer and Spencer,

Rock Hill, South Carolina, 
Attorneys for Respondent.



INDEX
P age

Statement...................................................................... 1

Warrant ........................................................................ 2

Transcript of Testimony .........................................   3

Exhibit A— Stipulation as to Testimony of Wit­
ness, Rev. C. A. I v o r y ............................................ 191

Exhibit E— Statement by Defendant— Supple­
menting Stipulation and Agreem ent..................  192

Order of Judge G re g o ry .......................................... 193

Exceptions .................................................................... 196

Agreement ...................    199



STATEMENT
The sixty-five (65) appellants were arrested on 

March 15, 1960 and charged with the common law of­
fense of breach of peace. At the time of their arrest, 
appellants, all Negroes, were students at Friendship x 
Junior College in Rock Hill, South Carolina.

Trial of the appellant, Leroy Henry was had in the 
Recorder’s Court of the City of Rock Hill on March 
24, 1960. At the conclusion of all the evidence, City 
Recorder Billy D. Hayes, sitting without a jury, found 
the said appellant guilty and sentenced him to pay a 
fine of thirty-five ($35.00) Dollars or serve thirty (30) 
days in prison. Notice of Intention to Appeal was 
served upon the City Recorder.

Thereafter, the remaining appellants were tried, in- 2 
dividually at first and later in groups in the chrono­
logical order in which their names are set forth in the 
captions, in trials which were conducted on March 31st, 
April 7th, April 14th, ,Apri 1 21st, April 28th, May 5th 
and May 26th, 1960. However, it was stipulated that 
the testimony given in the trial of Leroy Henry was 
applicable to and was incorporated by reference into 
the remaining trials. At the conclusion of each trial, 
the appellants involved were found guilty and sen­
tenced to pay fines ranging from Thirty-Five ($35.00) 
Dollars to Forty-Five ($45.00) Dollars or to serve 3 
thirty (30) days in prison. After each trial the persons 
involved served Notice of Intention to Appeal Upon 
the City Recorder, and gave appeal bonds.

Thereafter, the matter was argued before Honorable 
George T. Gregory, Jr., Resident Judge, Sixth Judicial 
Circuit. On Dcember 29,1961, Judge Gregory issued an 
Order, affirming the judgment of the City Recorder.

Notice of Intention to Appeal was thereupon duly 
served upon the City Attorney.

( 1 )



2 SUPREME COURT 
City of Rock Hill v. Henry et al.

CITY OF ROCK HILL

ARREST W ARRANT 
STATE OF SOUTH CAROLINA,

C o u n ty  of Y o rk .
Personally comes before W. S. Rhodes and makes oath 
on Information and Belief that in said City of Rock 
Hill, in the county and State aforesaid, on the 15 day of 
March 1960, Magdaline Tilley did willfully and unlaw­
fully commit a breach of the peace by assembling with 
others in a large group upon the public streets, signing 
in a loud, boisterous, and tumultuous manner and re­
fusing to disperse upon order of a police officer con­
trary to the peace and dignity of the State of South 
Carolina, and in violation of the ordinances of the City 
of Rock Hill and that Brown-Hummsber, the arresting 
officer (s), together with others are witnesses for the 
City of Rock Hill, S. C.

/ s /  W. S. R hodes.
/ s /  M agdaline R ille y .

Sworn to before me, this 15 
day of March, A.D., 1960.

/ s /  B. D. H ayes, (L. S.)
Recorder.

Arrest and bring before me the Defendant above 
named, to answer the charge of Breach of Peace and 
the witnesses for the City of Rock Hill, S. C., herein
named.

Given under 
1960.

my hand and seal, this 15 day of March 

/ s /  B. D. H ayes (L. S.)
Recorder.



SUPREME COURT 
Appeal from York County

3

TRANSCRIPT OF PRELIM INARY 
PROCEEDINGS

Hon. Billy D. Hayes, Attorney, as Recorder for the 
City of Rock Hill, called the Court to order, after ar­
rival of the Court Reporter, following failure of a tape 
recorder initially sought to be used for record pur­
poses, and directed notation of appearances as set 
forth below.

On behalf of the City— C. W. F. Spencer, Jr., of the 
firm of Spencer & Spencer, City Attorneys. Mr. James 
S. Verner, Jr., Assistant Attorney General and B. B. 
Dunlap, a staff attorney in the Attorney General’s 
office, were present but, as the record hereafter shows, 
did not formally participate. On behalf of the Defend­
ants—Donald James Sampson and Willie T. Smith, 
Jr., individual attorneys practicing separately, with 
offices in Greenville, S. C.

Mr. Spencer: Your Honor, it seems to me that we 
might start over so that we will have everything be­
fore the Court.

The Recorder: These cases were initially set for 
trial on Wednesday, March 16, 1960 at 9:45 A. M. As 
a result of a pre-trial conference with attorneys for 
the City and the Defendants, and on motion of De­
fendants’ Attorneys, continuance was allowed to afford 
Defendants’ Attorneys an opportunity to investigate 
the cases and prepare their defense. Agreeably to At­
torneys for the City and for the Defendants, the hear­
ing of all motions and the establishment of procedure 
for going forward with the trial of the various Defend­
ants, each of whom is charged under a separate war­
rant, was fixed for this date and by subsequent agree­
ment the hour for proceeding on this date was fixed 
for 2 :30 P. M. This was done to facilitate going for-



4 SUPREME COURT 
City of Rock Hill v. Henry et al.

ward with actual trial procedures and calling of wit­
nesses which was, under the initial agreement of coun­
sel, fixed for 8:30 A. M. on Thursday, March 24. (By 
subsequent agreement noted hereafter in the record, 
the time of hearing on Thursday was changed to 9 :30 
A. M.)

Mr. Sampson: With leave of the Court, I would like 
to move at this time. We originally stated that Mr. 
Perry of Spartanburg would be in this case and this 
would not be any problem, but I might mention that 
there might be other counsel in this case which we 
do not now know about. That would be a simple matter 
of entry of appearance.

The Recorder: I think that as long as they are li­
censed to practice in this state, I would have no objec­
tion who comes in. As I understand it, your first mo­
tion, discussed before arrival of the Reporter, is that 
a court appointed stenographer be made available on 
Thursday for trial, and that you would attend to pay­
ment. We never did reach a conclusion about payment.

Mr. Spencer: Tour Honor, my suggestion would be 
this, that counsel for the Defendants has indicated that 
pending disposition of certain motions and finding it 
difficult to anticipate the extent of testimony which 
might be required, it would therefore seem reasonable 
to me that some arbitrary amount be fixed that might 
be adequate if the thing does not become too extended, 
and have the further understanding that we can alert 
the Court Reporter how much is available and he can 
let us know when he is running out.

Mr. Sampson: We guarantee, as defense counsel, the 
court costs, stenographic costs and other matters as 
will arise in this matter. As to the time limit, I just 
do not know. We have not fully decided whether we



SUPREME COURT 5
Appeal from York County

will have 2, 3 or 10 witnesses and it will be with the 
normal interrogation in the presentation of witnesses.

The Recorder: Mr. Spencer, do yon want counsel for 
the Defendants to put up a certain sum of money in 
escrow?

Mr. Spencer: If it please the Court, I believe that 
is what the statute requires and I don’t know if I have 
any right to waive this. To take a practical approach 
as to what the amount may be for the actual testimony 
taking, I do not know how long it will be, but I think 
we should go ahead and agree on an amount and then 
go forward as far as we can.

Mr. Sampson: Would $50.00 sound like a fair figure?
Mr. Spencer: My thought would be that it would 

take longer than that.
Mr. Sampson: Well, I could give you a check right 

now. We will be in a position to tender any reasonable 
sum that the Court may desire that it would like to 
be paid in reference to testimony.

The Recorder: I do not want to take time up Thurs­
day for this, so let us set up $75.00, to be tendered at 
that time.

Mr. Sampson: That will be fine. May it please the 
Court—I have your leave to sit?

The Recorder: Yes, of course, and any of you may 
smoke if you wish.

Mr. Sampson: May it please the Court, it is my un­
derstanding that we have now made an official motion 
for a court appointed stenographer to be present for 
the trial, and I would like to further indicate at this 
point, if the Court would not object, that even though 
we would normally have these motions reduced to writ­
ing, it would not be in any event detailed or argumen­
tative in form and I could easily reduce them to writ­
ing with the approval of the Court, and I am sure it



6 SUPREME COURT 
City of Rock Hill v. Henry et al.

would not be contrary to any record that is now being 
made.

Mr. Spencer: Now we have a stenographer who is 
taking this down in the record. Are you seeking to re­
serve the right to supplement later on?

Mr. Sampson: I f  the Court would want them to be 
reduced to writing. I am sure that the Court is satis­
fied and the City Attorney is satisfied that the person 
taking this down is perfectly competent and able to 
do it and we will so be bound by the record.

The Recorder: All right.
Mr. Sampson: May it please the Court, we would 

like to make a motion to quash the information and 
dismiss the warrants as to that group of cases involv­
ing the alleged offense of breach of the peace in all 
of the cases, and I might say at this point that we do 
not intend to make the same motion for the other 
class of cases involving the offense of trespass, and 
we will be bound by that motion. We know that these 
warrants, that the information contained therein, are 
not in our judgment definite and certain and we feel 
that a Defendant cannot be plainly and fully and sub­
stantially informed of his rights in the manner in 
which this is alleged. I do not want to take the time 
of reading all of them, and I understand that each 
one of them are approximately the same as we were 
informed originally. We feel that we have individual 
defendants here and there are allegations here that 
they are a part of a group. We have some information 
that some of them, or all of them, were not a part of 
this group. We believe that the allegation of singing 
in a loud, boisterous, and in a tumultuous manner is 
not sufficiently clear. It is indefinite and uncertain as 
to some of the Defendants. Further they say that they 
refused to disperse upon the order of a police officer.



SUPREME COURT 
Appeal from York County

7

We think that is very vague, because nothing indicates 
here that this police officer, or a group of police officers, 
gave an order or communication to all of them or either 
direct to the individuals in such a manner as to make 
those so forming for this purpose hear. Moreover, as 
the Court knows, this particular offense, even though 
it is alleged generally in the warrant to have been 
done willfully and unlawfully, a number of lawful acts 
are alleged in this particular warrant to be unlawful 
as to any one assembling. Assembling can be lawful. 
We would agree that to a certain extent whether or 
not a person is boisterous and tumultuous under cer­
tain circumstances may have one connotation, one 
meaning or one concept. Here I understand that this 
was in front of City Hall on a public street and that 
conduct would vary depending upon the place that it 
might occur. We feel, as we said aforesaid, that this 
refusing to disperse upon the order of a police officer 
is vague. Of course, if the act was lawful, then the 
question would arise as to whether or not the order 
to move or under the circumstances of the vagueness 
of the order to move, and whether it would have been 
properly communicated would cause a breach of the 
peace. I might say in good faith that we are inclined 
to believe that there are some variances on this fact, 
and that even though the state has intended to be care­
ful as possible in the wording of this warrant in the 
matter of this offense, since it does affect the public 
peace, and the word peace, as we know, is a very 
generic term and is difficult to define, and it would 
appear that even if we would assume that some of 
these acts were lawful, whether or not this other con­
duct, this loud and tumultuous singing in a loud and 
tumultuous manner was lawful. Some people were not 
singing. Of course, the assembling and the grouping,



8 SUPREME COURT 
City of Rock Hill v. Henry et al.

etc., as the Court knows, could under certain cireum- 
stances evidence breach of the peace, but as we know 
this is a very delicate charge, as the Defendants are 
a part of the body politic in which the peace was 
breached. If the Court would like me to proceed, I 
have another motion, or would you like to reply now!

The Recorder: I think the warrants as I have read 
them all read the same, is that correct!

Mr. Spencer: There are two types of warrants, one 
for breach of peace, and another type of warrant 
charges trespass. Within the two groups there is no 
variation.

80 The Recorder: It seems to me that your motion 
sounds more like a motion for directed verdict than it 
does to quash information or dismiss the warrants. I 
think the warrants satisfactorily advise the Defendants 
of the charges that are being placed against them. Un­
less you gentlemen want to be heard on this, I  would 
not grant a motion to quash them and I think they 
establish sufficient information for the Defendants to 
know what the charges are, and that is about as far 
as they have to go.

3i Mr. Spencer: I have nothing to offer but one com­
ment. These are inferior court warrants and according 
to normal practice and procedure that are not required 
to be specific to the extent of an offense being tried in 
Sessions Court, and certainly I believe the warrants 
do give adequate information as to the offense charged.

Mr. Sampson: May it please the Court, in the third 
instance we would like to make a motion for severance. 
We realize this is in the discretion of the Court, We 
would like this motion to refer to both classes of cases, 
trespass cases and breach of the peace cases. Of course

62 it is obvious that there are different parties involved 
here and the rights of one are not necessarily con-



SUPREME COURT 
Appeal from York County

9

neeted with the others. We are cognizant that the 
breach of the peace is a grouping, but still we think 
that that particular allegation as pointed out here in 
the arrest warrant and the nature of the breach of the 
peace that it would be decidedly in the interest of all 
that these cases be severed. We are not trying to be 
presumptious in this matter, because we have no need 
to be and no right to be. We concede that if  each one 
of these cases were tried that it might take a pro- 
cedurally long time, which they have the right to do. 
We are not taking that position at this time since it 
is a matter for the discretion of the Court and we 
would prefer to leave it in his discretion, with leave 
to object. We feel here that the difference in circum­
stances-—that there would be differences which would 
affect the trial. We also feel here that even though 
the charges are substantially the same as was pointed 
out in the information arrest warrant, that even so 
we do have individual defendants here and that there 
are a large number of them and part out of a number 
could reach a result based on the charge, which may 
not be reached if some of these cases were severed as 
to the charges and as to the parties.

The Recorder: Mr. Spencer, how do you propose to 
proceed!

Mr. Spencer: I would like to point out at this time 
that it is the purpose of the City to proceed on a basis 
of individual trials at the present. I do not want to 
commit the City to trying any of the cases together, 
but I believe we can go forward with individual cases 
for the present, and on motion at some future time 
perhaps the City might try some of the cases together.

Mr. Sampson: May it please the Court, if  I might 
reply. I thought I made myself clear to the Court 
that if it was possible as we have 60 people, more



10 SUPREME COURT 
City of Rock Hill v. Henry et al.

than 60 people, we feel that there are some circum- 
g7 stances—to be qnite frank with you, we would want 

to reserve the right of each of these individual Defend­
ants to individual trial by the Court, but the prosecu­
tion would not find the defense objecting to a grouping 
or 'classification to accelerate the disposition of the 
cases. In other words, I am saying that we feel it might 
be possible here to try some of these together. We do 
not want to be placed in a position of agreeing to this 
now, but if it would be in the interest of the parties 
and not adverse to anybody, then we might try more 
than one at one time. Of course, that would be entirely 

ss up to his Honor to decide that.
The Recorder: I think it would be pretty much up 

to the prosecutor as to what groups he might make of 
the various cases. I think that we can leave it up to 
the two of you so long as the two of you agree on it, 
and if any question comes up we can then go into it. 
I believe it is up to the prosecutor as to who is going 
to be tried and when he is going to be tried. That is 
the common practice in our Court. I  am going to per­
mit the City Attorney to call the cases as he sees fit 

as to call them and if he calls more than one case at the 
time and if you wish to be heard on severance, I will 
then be glad to hear you at that time. I will not pass 
upon it until it comes up.

Mr. Sampson: I might say that it is my understand­
ing that the trial will be held here in this Court room.

The Recorder: Yes, that is correct.
Mr. Sampson: We had the opportunity of being in 

this Court on the last occasion and the fact that there 
is a large number of Defendants and there might be 
some witnesses presents the problem of room, but of 
course the Court controls all of that.



SUPREME COURT 
Appeal from York County

11

The Recorder: Perhaps you and Mr. Spencer would 
have to talk about that. We of course would have to 
keep the Court room clear, with sufficient room for 
people to get in and out and sufficient room for those 
persons necessary to the trial.

Mr. Spencer: May I point out this. So long as we 
are proceeding on a basis of taking individual Defend­
ants and trying them separately there would be no 
occasion to have them all present. Only the Defendant 
being tried would be required to be present in Court. 
I am not saying that they could not be present—I do 
not know what defense counsel’s position might be on 
that.

Mr. Sampson: Of course, since the nature of the 
alleged offense is a breach of the peace, if  we were 
in that classification of cases, it might require the pres­
ence of 15 or 20, sufficient in number so that we can 
get a true picture. I think we can work that out, except 
that I would like to mention this, that this is a breach 
of the peace and in our judgment we want these cases 
as far as possible to be tried in the atmosphere of 
peace in order that they might be properly judged. 
Very often in these cases it has been my very unhappy 
experience in practicing in General Sessions Court 
that we often will have a lot of spectators present. 
Of course, they have a right to go there.

The Recorder: I  assure you that we will have ample 
room in the Court room for those persons necessary 
for the trial. We will have room for the press if they 
want to be here. We are not going to have any flash 
bulbs flashing in here, newsreel cameras or TV cam­
eras. I do not have any objection to one of these 
cameras that do not have flash bulbs, but I do not 
want any one standing up on a chair or table to take



12 SUPREME COURT 
City of Rock Hill v. Henry et al.

pictures, but that is more or less beside the point and 
I will assure you we will have ample room.

Mr. Sampson: May it please the Court, we believe 
at this point we would like to reiterate that these cases 
will be tried by the Court and not by a jury. Therefore 
the foregoing motions which we have made are in our 
judgment at this time sufficient to clear up any pro­
cedural point which might possibly prevent these cases 
from commencing on time.

The Recorder: We will of course dispose of any 
other cases that we might have Thursday morning. 
Of course, there again I will leave this up to the City 
Attorney. We are not likely to have much Court on 
Thursday. I do feel that counsel for the defense is 
entitled to know how to plan to proceed and who to 
plan to have here so that he does not have to have 
everyone here at one time.

Mr. Spencer: Your Honor, let me say this in that 
regard. I certainly agree and want to cooperate. There 
is no occasion to have a lot of shuttling back and forth. 
I would like to be sure I am clear on one phase of the 
matter, that as I understand it the proceedings which 
we have had up to this time are to be deemed applicable 
to all of these cases. Or in other words, the waiver of 
jury trial and the motion to sever, the motion to re­
quire court stenographer applies to all cases. I under­
stand that the motion to quash did not apply to the 
trespass cases.

The Recorder: The record will show that that ap­
plies to all of the eases, and we will only be concerned 
with the individual cases. Is that in accord with your 
understanding!

Mr. Sampson: One revision. I want to apologize for 
interrupting. I think our statement originally was, and 
from our original conference, the idea was to try to



SUPREME COURT 
Appeal from York County

13

put the Court on notice and to dispose of the motions 
so that prompt commencement of the trials could be 
had. I think that the answer to that would be yes, in 
response to what he says. I think it is important to 
point this out—we are not giving up any right to make 
any motion which might develop in the trial of these 
cases. All we agree here is that when we come here we 
can start and not lose any time.

The Recorder: Perhaps at a later time the two of 
you might decide that you might want to try more 
than one together. I am not passing on the severance 
question. Is there an indication from counsel for the 
City on the question relating to whether or not the 
City wishes a jury trial? I am not asking for you to 
decide now.

Mr. Spencer: I did not mean to leave the record open 
on that point. It is not the purpose of the City to re­
quest jury trial. What I had in mind your Honor, the 
cases are listed on the docket—I do not remember what 
the first case is.

The Recorder: I think I have the docket right here. 
It is case 556.

Mr. Spencer: The first case listed is against Geral­
dine Teresa Stanley. That is one of the girls involved. 
I had thought we might start with the next case which 
is against Leroy Henry. That is a breach of the peace 
case. Your Honor, my suggestion would be this, that 
we do not know just how to talk about additional cases 
and the best means of going forward with their dis­
position would be to wait until we get through with 
the first one, so my suggestion would be to try this 
one case and after that we will have the background 
of having this case behind us to enable us to plan for 
further disposition, and as we are only going into one 
case on Thursday, it is possible that we could amend



14 SUPREME COURT 
City of Rock Hill v. Henry et al.

the time since we do not have the problem of getting 
out and getting a jury, and that would give defense 
counsel a chance to get over from Greenville.

The Recorder: What is your suggestion on time!
Mr. Spencer: In view of the possibility that you 

might have other Court, I thought we might set it up 
at 9 :30 rather than 8 :30.

Mr. Sampson: Now as I understand it that only 
deals with this first case and the other cases will be 
fixed.

The Recorder: Normal time for Court here is 8:30 
A. M. so that unless another time is fixed it will be 
8:30. I do not want any misunderstanding—it would 
be 8:30 unless we definitely fix another time, but the 
first case we will set for 9:30 Thursday.

Is it your purpose, or are you prepared to say at 
this time, that you are going to go down this docket 
as it is listed!

Mr. Spencer: I have no purpose to do otherwise, 
and I will say that the only thing I thought we might 
pick a male student rather than a female student for 
the first case.

The Recorder: I see. You are going to start on Leroy 
Henry. Do you have any objection to counsel for the 
defense getting the names and numbers of the cases, 
or do you have them in order?

Mr. Spencer: None whatsoever.
Chief Rhodes: The receipt number corresponds with 

the docket number and they have the individual re­
ceipts.

Mr. Spencer: Who were they given to!
Chief Rhodes: Rev. Ivory has them. He has indi­

vidual receipts for each case.
Mr. Sampson: If the City Attorney changes his mind 

and wants to try them more than one at a time—-to be



SUPREME COURT 
Appeal from York County

15

quite frank, it takes a great deal more for one person 
to breach the peace. Hearing this group in a number, 
we might be able to get a better picture of the case. 
Of course, he has the burden of proof. In order to 
try to prevent making another misunderstanding, as 
of this moment the case of City of Bock Hill v. Leroy 
Henry, number 557 is set for trial at 9:30 on a charge 
of breach of the peace?

The Recorder: That is right.
Mr. Spencer: I think the record should also show 

that as to all other cases, which at the last session of 
the court dealing with these cases were fixed for trial 
on Thursday, March 24, will stand continued until fur­
ther announcement, and at the conclusion of the first 
ease or certainly within a reasonable time thereafter 
we can work out arrangements for the scheduling of 
the other eases, but for the information of defense 
counsel, with regard to the matter of preparation, it 
will be our purpose to go down the line on the docket.

Mr. Sampson: If we are going to try one at the time, 
and naturally we are going to have some other per­
sons here in order to get some information. What I 
was trying to avoid if possible was trying to get them 
all in here because we would not have much room.

The Recorder: Well I am going to permit the City 
Attorney to call the eases as he sees fit, but I feel it 
only proper that the defense counsel have some idea 
what eases will come up when.

Mr. Spencer: After we get a pattern worked out and 
know what the picture is, we can think in terms of 
scheduling on some definite basis. We will know so 
much better how to proceed after the first case.

Mr. Sampson: Is it my understanding, Mr. Spencer, 
that you are going down the breach of peace cases be­
fore you call the trespass cases?



16 SUPREME COURT 
City of Rock Hill v. Henry et al.

Mr. Spencer: That is correct.
Mr. Sampson: Well, I  think we have no further mo­

tion to make, unless the Court is now aware of any 
matter that it feels should he brought up.

The Recorder: There is only one thing that I can 
think of and I do not know whether you want to wait. 
That is the question of numbers of witnesses, and I 
think the law is well settled on number of corroborat­
ing witnesses. I  do not want to sit around here all 
day listening to witnesses saying the same thing and 
you might take that into consideration. I don’t know 
whether I should comment on this at this time, but 
I just want to make that clear to all attorneys involved, 
and I do not think it is necessary for me to listen to 
one witness after another saying the same thing and 
I do not intend to do that.

Mr. Sampson: I think we can work that out. We 
understand that what the Court is driving at is repe­
tition, but we feel that the Court would take into con­
sideration that we are trying to show what the peace 
is, etc.

The Recorder: We will let you decide who to present, 
but I do not want to listen to one witness after another 
saying the same thing.

Mr. Sampson: I think we get the drift of what the 
Court is saying. As a matter of inquiry, is it already 
in the record that there may be addition of counsel?

The Recorder: I think that any counsel that is li­
censed to practice in the State of South Carolina has 
permission to come in, but again I am not going to 
have more lawyers than there is need. By that I do 
not intend to have a great many arguments. I would 
not want to keep any qualified, licensed attorney from 
coming in. We do have a City license in Rock Hill, 
but as far as I am personally concerned I do not sup-



________________ SUPREME COURT ________  17
Appeal from York County

pose that would apply on individual cases. Do you have 
any comments in regard to that, Mr. Spencer?

Mr. Spencer: No, sir, your Honor.
Mr. Sampson: I might say that I hope we haven’t 

forgotten anything, your Honor.
The Recorder: Mr. Spencer, is there anything you 

wish to say?
Mr. Spencer: No, sir.
The Recorder: Do each of you feel that you know 

how we are to proceed?
Mr. Spencer: One further thing, your Honor. There 

has been no indication as to how they intend to plead 
on behalf of these Defendants, but as they are talking 
of presenting witnesses, I presume I know the answer.

Mr. Sampson: The City Attorney is very learned 
in these matters, but he concedes that at this time it 
would not be proper to enter a plea.

The Recorder: I would like to know if you have any 
idea of entering a plea other than guilty or not guilty.

Mr. Sampson: The only pleas I could enter would 
be guilty, not guilty and nolo contendere. I think 
initially I am fairly well certain I would not get the 
City Attorney’s permission to plead nolo contendere, 
but we do not wish to indicate in general how we will 
plead.

B il l y  D. H ayes,
Recorder.



18 SUPREME COURT 
City of Rock Hill v. Henry et al.

PROCEEDINGS
Clerk of Court: City of Bock Hill v. Leroy Henry, 

defendant. On the 15th day of March, 1960, Leroy 
Henry did willfully and unlawfully commit a breach of 
the peace by assembling with others in a large group 
upon the public streets, singing in a loud, boisterous 
and tumultuous manner and refusing to disperse upon 
order of a police officer.

The Recorder: How do you plead!
Leroy Henry: Not guilty, Your Honor.
Mr. P erry: May it please the Court—
The Recorder: You may be seated. Did you have 

something you want to say, Mr. Perry?
Mr. Perry: Thank you, Your Honor. We decided 

not to do that at this time. Thank you very much.
Mr. Spencer: May it please Your Honor, if the 

Court is ready to proceed.
The Recorder: Yes.
Mr. Spencer: Is the defense ready?
Mr. Perry: Yes, ready.
The Recorder: Have you sent this to counsel for the 

defense?
Mr. Spencer: I have sent it to them, Your Honor.
Mr. Perry: We have not had time to look at it yet. 

May I please the Court, may I for one moment before 
Mr. Spencer begins, of course Your Honor recognizes 
that the defendant will want to preserve all objections 
which have heretofore been overruled with reference 
to a motion to make the warrant, more definite and cer­
tain and so forth. As I understand it, Your Honor has 
already stated and taken the position that the warrant 
is sufficiently phrased to advise the defendant of the 
charges against him.



SUPREME COURT 
Appeal from York County

19

J o h n  M. H u n su ck er , J r .
The Recorder: That’s right, I think there was a mo­

tion made for making the warrant more definite; cer­
tainly there was a motion made to quash it.

Mr. Perry: To quash it on that particular ground, 
if I am not in error, and I believe you have ruled 
against that position.

The Recorder: Yes, that’s right.
Mr. Perry: Thank you, sir.
The Recorder: All right. Are you ready to proceed, 

Mr. Spencer?
Mr. Spencer: Yes, sir. The City calls as its first wit­

ness Police Captain John M. Hunsucker, Jr.

Mr. J o h n  M. H u n su ck er , J r ., being first duly sworn, 
testified as follows:

Direct Examination
By Mr. Spencer:
Q. Your name is John M. Hunsucker, Jr.?
A. That is correct.
Q. Are you a captain and assistant chief of police, 

is that correct, sir?
A. That is correct.
Q. Mr. Hunsucker, how long have you been a mem­

ber of the force?
A. Better than twelve years.
Q. Mr. Hunsucker, I ask you whether or not at the 

time of the arrest of the defendant charged in this 
ease, was the engaged in a demonstration of any sort?

Mr. Perry: I object to that. I object to the use of the 
word “ demonstration” on the ground that it states 
a conclusion on the part of the interrogator, and it calls 
for a conclusion on the part of the witness.

Mr. Spencer: We withdraw the question.



20 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H itnsucker, J r .
By Mr. Spencer:
Q. Mr. Hunsucker, state what the defendant was 

engaged in doing at the time of his arrest?
A. At the time of the defendant’s arrest, he was a 

member of a group of colored people which was 
gathered in front of the City Hall on Hampton Street 
here in the city, and this group was singing certain 
songs, such as the Star Spangled Banner and My 
Country ’Tis of Thee, and others. They were singing 
these songs in a loud, boisterous manner. They were 
on the sidewalk in front of the City Hall.

Q. Now, Mr. Plunsucker, I ask you at a time prior 
to the particular occurrence to which you have just 
referred, to describe the general public attitude or at­
mosphere.

Mr. Sampson: We object to that. It is too general, 
he has not laid a foundation, and any prior incident 
would be immaterial. Of course he asked the general 
public atmosphere. I don’t think he has laid a proper 
foundation for that, to admit it at this time, even if it 
were relevant, because it tends to show that this inci­
dent may be connected with a prior incident.

Mr. Spencer: If it please the Court, that is exactly 
the purpose of counsel for the City. It is our view that 
we can by proper testimony show a definite connection 
between this and certain earlier incidents, and fur­
ther to show that such earlier incidents had created a 
general public atmosphere or attitude involving the 
public peace and the public safety, which properly con­
stitutes a part of the circumstances existing at the 
time of, and having a direct bearing upon, the par­
ticular offense charged.

Mr. Perry: By way of reply to that, Mr. Sampson 
made the objection, but may I speak too, Your Honor?



SUPREME COURT 
Appeal from York County

21

J o h n  M. H tjnsucker, J r .
Now, of course, we take the position. Your Honor, 

that evidence of prior occurrences in the City of Rock 
Hill do not at this time, from the present status of the 
testimony, affect the young man who is on trial this 
morning. There is, for instance, nothing to show that 
he was even in the City of Rock Hill at the time, or 
that if he were in the City of Rock Hill whether he 
participated in anything which is sought by the ques­
tion of Mr. Spencer. Since it has not been shown even 
by inference that the particular defendant engaged in 
any prior incidents in the City, we respectfully submit 
that the testimony is irrelevant as it affects this par­
ticular defendant.

Mr. Spencer: May it please the Court, it is the posi­
tion of the City that it is not necessary or required, 
and we are not undertaking to show, that this particu­
lar defendant participated in any prior occurrence. We 
are not undertaking to prove that this defendant was 
guilty of any prior law violation. It is the position on 
the part of the City that an act done at a given time 
and place and under given circumstances may in one 
situation constitute a breach of the peace, whereas the 
same or a similar act done at another time and place 
and under different circumstances might be viewed in 
a different light. It is the position of the City that the 
circumstances existing at the time of, and related to, 
this other incident, are definitely pertinent and rele­
vant, and constitute a part of the testimony properly 
relevant to the proof of the offense charged.

Mr. Perry: Now, by way of further comment on the 
objection, I would like to state that we take the posi­
tion that this is a criminal prosecution, and if this de­
fendant has committed any crime, it was committed on 
the date which is shown on the warrant in this matter.



22 SUPREME COURT 
City of Rock Hill v. Henry et al.

J ohn  M. H u n su ck er , J r .
This young man, in order to be guilty of anything 
pertaining to the atmosphere of the City, certainly it 
would have to be shown that he had something to do 
with the creation of that atmosphere. Now, of course, 
Your Honor is very familiar with that line of cases 
decided by our Supreme Court of this State, stating 
the conditions under which previous offenses are ad­
missible in evidence to show the guilt in the instant 
case. To mention a few, State v. Thomas, State v. 
Bruce, and State v. Bruce, I  believe the last is a case 
on that particular point.

Mr. Spencer: If it please Your Honor, I don’t want 
to interrupt counsel, but he is talking about, I have 
positively stated that we are not trying to prove any 
prior offense, and he is now making an address to 
the Court on the law of prior offenses, which has no 
bearing at all.

The Recorder: The question was, he was trying to 
establish a circumstance or condition that existed. I 
don’t think he was trying to prove a prior offense. I 
find no fault with the line of questioning. All right.

Mr. Spencer: I would make this one further com­
ment, Your Honor, it is impossible for the City to 
prove its entire case on the first question, and we cer­
tainly propose to connect up. We have no desire to 
offer testimony that is not properly relevant.

The Recorder: All right. He asked you what the 
conditions were, what was the question?

Mr. Spencer: I  don’t know whether to have it re­
peated back. I don’t want to start a new discussion 
over the form of the question.

The Recorder: Just ask another one.
Mr. Perry: That might be—



SUPREME COURT 
Appeal from York County

23

J o h n  M. H u n su ck er , J b .
Mr. Spencer: Mr. Hunsucker, I  asked you whether 

or not there had been any prior occurrences—
The Recorder: 1 think that is what they were ob­

jecting to, prior occurrences.
Mr. Spencer: All right. I am getting into just the 

dilemma I anticipated, Your Honor.
The Recorder: Let’s go back. I  think the question 

was this: What were the conditions, I think the words 
you used—

Mr. Perry: It was atmosphere.
The Recorder: Atmosphere in the City of Rock Hill 

at the time. I will permit that question. Is that the 
question you wanted?

Mr. Spencer: That’s all right, Your Honor.
A. I would say that the tension was high due to 

previous occurrences that had happened. Now, I can’t 
—I could go back and elaborate on those occurrences, 
if it is permissible.

Mr. Sampson: We would object to that, Your Honor, 
I think it would not he admissible. We will concede for 
the purposes of argument that it would be relevant at 
this time. We concede as a matter of courtesy, we don’t 
want to encumber these proceedings, that someone 
may show what the public peace was at some other 
time. Now, if this line of questioning is for that, we 
think it would be admissible, but on the other hand, 
just to pick out the particular incidents would he irrel­
evant, and not pertinent to the issue as a reflection 
on this young man, his participation in this group. Of 
course, we are not trying to tell the City how to pro­
ceed on their case, and we don’t want to interrupt it 
too much, but that would generally be our objection. 
If we could proceed maybe at some other point we 
could reserve a ruling and rule on it later.



24 SUPREME COURT
City of Rock Hill v. Henry et al.

J ohit M . H ttnstjcker, J r .
The Recorder: I will speed it up a little bit. I am 

going to take judicial notice of certatin amount of ten­
sion, a certain amount of tension existing because of 
previous occurrences which are unrelated to this one, 
perhaps, but had created there an atmosphere, I be­
lieve is the word that you like.

Mr. Perry: May I interpose an exception on the 
record to the judicial recognition by the Court of the 
existence of tension in the community. May I also state 
that Judge Hayes did—

The Recorder: Did I use the word “ tension” ?
Mr. Perry: Yes, sir, you did.
Mr. Sampson: Yes, sir, you did.
The Recorder: Not such a good word, perhaps.
Mr. Spencer: I f it please the Court, I think this issue 

is fundamental, and we have got to dispose of it once 
and for all, and then go forward. I would like to restate 
very briefly the City’s position, and that is this: we 
are not in any way seeking to single out this individual 
defendant, and point to him as an individual partici­
pant in any prior occurrence.

The Recorder: I  understand.
Mr. Spencer: We take the position, however, that 

there have been a number of definite and specific and 
related prior occurrences which had had a definite and 
positive effect upon the status of the public peace, the 
status of the public feeling, the status of public ten­
sion at the time this particular offense occurred, and 
that it is the right of the City in undertaking to make 
out its case on this particular charge to peruse the 
circumstances for the purpose of showing the status of 
the public peace at the time, and then to show this 
specific act or acts of this individual defendant on the



SUPREME COURT
Appeal from York County

25

J o h n  M. H unstjcker, J r .
date charged, and not prior thereto as to this particu­
lar defendant.

The Recorder: All right. Perhaps I shouldn’t take 
judicial notice, or perhaps it shouldn’t be in the record. 
I am going to permit you to go forward with the ques­
tions that you are asking.

Mr. Perry: All right, sir.
By Mr. Spencer:
Q. Mr. Hunsucker, I  have asked you to state what 

the status of the public peace was, and any feeling as 
of the date of this offense. I now ask you whether or 
not you know of any specific circumstances prior to 
the 15th day of March having a direct bearing upon 
the status of the public peace as of that date.

A. On the 12th day of February, I need to refer to 
my notes—

Mr. Perry: Of course, the objection is general to the 
entire line of questioning on this.

The Recorder: Well, I want the record to be clear 
on. one thing. I am ruling that you cannot peruse spe­
cific occurrences as having to do with the defendant, 
but as I understand it you are trying to establish the 
peace of the community, or the atmosphere, as they 
have used the word, at the time that this alleged breach 
of the peace took place. Now, the law is very clear that 
under certain circumstances one thing will be a breach 
of peace whereas under other circumstances it would 
not be a breach of peace.

Mr. Perry: Yes, sir.
The Recorder: So we must let him prove the circum­

stances.
Mr. Perry: I understand. We just want the objec­

tion to the line of questions to be noted in the reeord.
The Recorder: All right. Go ahead.



26 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H u n su ck er , J k .
A. On the 12th day of February, at 11 a. m., a group 

of colored people entered Woolworth’s and McCrory’s 
Five and Ten Cent Store, and also Phillip’s Drug Store 
and Good’s Drug Store here in the city of Rock Hill, 
and took seats at the lunch counters in each of those 
stores.

By Mr. Spencer:
Q. Mr. Hunsucker, I ask you whether or not the act 

which you have just referred to was in accordance with 
past custom in ths community!

A. It was not.
102 Mr. Perry: We object to that, Your Honor.

The Recorder: What is the basis of your objection?
Mr. Perry: Of course, the reasoning, of course, is 

on the ground that the past customs of the community 
would have no bearing and relevance on the guilt or 
innocence of this defendant.

Mr. Spencer: May it please the Court, I  will ask 
counsel if he seeks to assert that past custom would 
have no bearing on the attitude of the community, in­
sofar as its feeling is concerned. It is on that basis 

103 that I asked the question.
The Recorder: That is my understanding. Go ahead.
By Mr. Spencer:
Q. Answer the question.
A. This was not the usual custom in the City of 

Rock Hill.
Q. All right, Mr. Hunsucker, did the fact or occur­

rence have any observable effect upon the public peace 
generally, as you saw it?

A. It did.
Mr. Perry: Now, we object to that on the ground that 

it calls for a conclusion.

104



SUPREME COURT 
Appeal from York County

J o h n  M. H u n su ck er , J r .
By Mr. Spencer:
Q. Well, I will withdraw the question, Mr. Hun- 

sucker, and ask you to describe the effect which it had.
A. Crowds of white and colored people began to 

gather. There were white and colored in the crowds, 
that is what I mean, both in the stores and on the side­
walks in front of these particular stores, and a good 
many remarks were passed by people in the crowds. 
In Good’s Drug Store someone threw ammonia under 
the seats of the lunch counter, and also there was itch­
ing powder came from the crowd somewhere. The ten­
sion was high on account of what was happening. The 
dime stores closed at 1 :00 p. m., after receiving bomb 
threats in both dime stores. The dime stores were 
cleared by police officers and firemen.

Q. Was an investigation made to determine whether 
or not a bomb could be found?

A. An investigation was conducted by police officers 
and firemen, and no bombs were found.

Q. All right, now, Mr. Hunsucker, you testified that 
these stores closed. I ask you when did they sub­
sequently reopen, that is the stores?

A. The stores reopened the next morning.
Q. Did these two stores, McCrory’s and WoolwortlTs, 

to which you have referred, open their lunch counters 
on that date?

A. They did not.
Q. Do you know the date on which they next re­

opened?
A. They next reopened their lunch counters on the 

23rd day of February.
Q. Did anything occur on that date which had any­

thing, or was in any way related to the public peace 
and order?



28 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H u n su ck er , J r .
A. Groups of colored people entered the dime stores 

on the 23rd day of February about 1 :00 p.m., and the 
stores closed at 1 :45 p.m.

Mr. Perry: Of course we object to that question, and 
move that the answer be stricken, on the same grounds 
previously noted as to the same line of questioning. 
I hate to keep repeating it, but as I understand, of 
course I understand the Court’s ruling, I don’t’ expect 
him to rule otherwise, but what we are doing, of course, 
is simply preserving our position for the record.

The Recorder: What was the last question ?
110 Mr. Sampson: May it please the Court, he was asked 

about the time the store opened and the time it closed. 
He said it opened on the 23rd, and he asked him what 
happened; and he said a group of people went in and 
shortly thereafter they closed.

The Recorder: All right, go ahead.
By Mr. Spencer:
Q. Mr. Hunsucker, would you repeat for the record 

the time at which you said a group assembled in the 
stores on the date of the reopening, the first reopening 

m of their lunch counters?
A. Well, there were two different times on the 23rd 

day of February. The first time the group entered 
the store about 1:00 p.m.; after the crowd gathered 
in the same manner it had on the 12th, the stores closed 
at 1 :45 p. m., then at—

Q. Now, what day of the week was that, Mr. Hun­
sucker? There is a calendar to your left.

A. The 23rd was on Tuesday.
Q. All right, sir, now you say that they closed, and 

then reopened at what time?
112 A. They closed the store, the stores, about 1 :45 p.m., 

and at 2:45 p.m. Woolworth’s reopened their lunch



SUPREME COURT 
Appeal from York County

29

J o h n  M. H tjnsucker, J r .
counter. Both stores had reopened, but Woolworth’s 
is the only one that had reopened their lunch counter.

Q. All right, was there any further occurrence with 
reference to the peace and order of the community at 
that time?

A. A  group of colored people appeared about 2:45, 
and took seats at Woolworth’s and the same thing hap­
pened again, as far as the crowd of people, and the 
action of the crowd.

Mr. Perry: The same objection to that question, and 
move that answer be stricken on the grounds prev­
iously noted.

Mr. Spencer: Your Honor, it is my understanding 
that counsel has made a continuing objection to the 
entire line of testimony, which would apparently ob­
viate the necessity of repeating the objection after 
every question.

The Recorder: I understand, of course, it is pos­
sible, Mr. Spencer, that you might ask a question that 
would be objectionable in spite of the ruling that we 
have made.

Mr. Perry: Yes, sir.
Mr. Spencer: I have no thought, sir, to deny to de­

fense counsel the right to object to anything they feel 
they properly should make objection to, but I was sim­
ply undertaking to give assurance that they had ob­
jected to the general line.

Mr. Perry: Yes, sir.
Mr. Spencer: That that is a matter of record.
The Recorder: All right.
By Mr. Spencer:
Q. Mr. Hunsucker, you referred to a group of col­

ored persons in the store on this date, that is the 23rd. 
Would you describe the approximate size of the group?



30 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M . H unstjcker, J r .
Mr. Sampson: Your Honor, we would like to object 

again for the same reasons. We concede your ruling 
on the line of testimony, but the testimony of the State 
isn’t trying to prove, he has stated that colored people, 
ten or fifteen times, he has already said that a group 
of colored people, well, these people have a right to go 
in, this is a private business, and so forth, but if he 
wants to lay that as a foundation, that someone went 
in the store on this particular location, and something 
happened in there that caused it to close, perhaps that 
would be proper, but we think that it is prejudicial 
to bring all of these details out of actually what hap­
pened in Woolworth’s. As I listened to these incidents 
here, already it has gotten to the Court and the jury, 
all the particular things that happened on the inside; 
these are conclusions. Now someone may have gone 
into the lunchroom who may or may not have a right 
to go there, I don’t see where that is quite connected 
here, and I would also say that in matters similarly 
situated like that, they usually, so far as I know, an­
other type of charge has been allegedly brought, and 
they have already admitted on some of these occasions 
there has been no arresting so far, and we concede that 
they can show the state of the public peace, and so 
forth, we don’t have to go into the details actually like 
we are trying the case, that is our position.

Mr. Spencer: If it please the Court, the only thing 
I asked was the size of the group, which I think has 
a definite bearing upon its face, on the status of the 
community, and I propose to ask the same questions 
with reference to persons assembled on the street, 
and then I am not proposing to go any further.

The Recorder: All right.
Mr. Spencer: Not on that date.



SUPREME COURT 31
Appeal from York County

J oh n  M. H u n su ck er , J r .
By Mr. Spencer:
Q. Mr. Hunsucker, I asked yon if you could indicate 

the size of the group.
A. I would estimate 90 to 100 in the group, for this 

reason, there are 23 stools in one store and 30 in an­
other, and the stools were filled and there were groups 
of colored people standing behind these stools, and as 
one person would get up another person would relieve 
them and take a seat, and my estimation would be 90 
to 100 people.

Q. Will you indicate briefly what occurred with ref­
erence to pedestrians and vehicles in this area?

A. There was quite a crowd gathered on the side­
walks outside of the stores. The traffic became very 
congested, necessitating officers being placed at each 
intersection in order to work traffic, in addition to the 
crowds in the stores.

Q. Mr. Hunsucker, from your observation did you 
experience any concern as to the status of the public 
peace?

A. Well, it certainly wasn’t as it normally is. There 
was tension and I would say that it was at an explosive 
point.

Mr. Perry: Object to that answer, and move that it 
be stricken on the ground that it contains a conclusion.

The Recorder: I think the term is often used in ex­
pressing general feeling. I will permit the answer to 
stand.

Mr. Spencer: I f the Court please, I would submit 
that this man’s an experienced police officer of stand­
ing. He is accustomed to dealing with situations in­
volving the public peace, and certainly he is qualified 
as an expert to express an opinion in that field.

The Recorder: I recognize that.



32 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H tjnsttcker, J r .
By Mr. Spencer:
Q. Mr. Hunsucker, yon have testified, I believe, that 

the lunch counters closed on the 23rd. I ask you, do 
you know when the lunch counters in those stores next 
reopened?

A. They reopened on the 24th, the next day, Wed­
nesday.

Q. Did anything occur on that day having relation­
ship to the public peace and order?

A. A  group of colored people came to these ten cent 
stores.

Mr. Perry: May I—
A. (Continuing.) About 12 noon—
The Recorder: Just a minute.
Mr. Perry: I am sorry to interrupt, I  simply of 

course wish to interpose the same objection to this 
testimony which has been interposed to this line of 
questioning generally.

The Recorder: All right, sir. Mr. Spencer, I  don’t 
want you to go into any detail on each of these occur­
rences. I will let him state if he wants to quickly the 
number of occurrences, but I don’t want you to go into 
any detail.

Mr. Spencer: This is the only other one involved, 
Your Honor.

The Recorder: All right.
A. A group of colored people came to the dime stores 

again about 12:00 noon on Wednesday, the 24th, and 
at this time the seats were filled at both of the dime 
stores. At one store, it was Woolworth’s, the people 
got up from their seats, and three colored people did 
gain seats at that time. Other than that, the colored 
people just stood behind the seats that were already 
filled in these stores. The crowd was the same in the



SUPREME COURT 
Appeal from York County

33

J o h n  M. H u n su ck eb , J r .
stores and on the streets as it had been on these other 
occurrences. The stores closed that date approximatelv 
at 12:45 p. m.

By Mr. Spencer:
Q. Mr. Hunsudker, had those lunch counters re­

opened again prior to the 15th day of March on which 
this offense is charged?

A. No, sir.
Q. All right, sir. Now, Mr. Hunsueker, I will ask you 

whether or not there were meetings of white citizens 
at which discussions of these occurrences took place!

Mr. Perry: Object to that question on the ground 
that it calls for hearsay testimony.

The Recorder: All right.
Mr. Perry: And on the additional ground that it 

would be irrelevant for the same, it is objectionable 
for the same reasons interposed to the line of ques­
tions concerning previous incidents, so the objection 
is that the question calls for hearsay testimony, and 
also that it calls for irrelevant testimony.

The Recorder: It is not hearsay. It is subject of 
facts, it is in the newspapers, I don’t think it is hear­
say. All right.

A. There were meetings by white citizens since this 
first started February 12th. I have personally been 
around the places for traffic purposes where the meet­
ings have been held. I have not attended any.

Q. All right now, I ask you, have there also been 
meetings of colored citizens!

A. There have been meetings of colored citizens 
also. I have been around the vicinity of these meetings 
for the same purposes of working with traffic, and pro­
tecting the public.



34 SUPREME COURT
City of Rock Hill v. Henry et al. _________

J o h n  M. H u n su ck eb , J k .
Q. And according to your information, were those 

meetings likewise related in any way to these occur­
rences?

A. It is my understanding that they were.
The Recorder: You didn’t object then; I would have 

ruled with you if you had objected.
Mr. Perry: I, of course—we have just made an ef­

fort, we know that we have had in the interest of de­
fending our client we have interposed a lot of objec­
tions ; we don’t want to get into the position of perhaps 
doing it too much, but we do interpose that same ob­
jection with reference, of course, to all of this.

The Recorder: All right, go ahead. All right, next 
question.

By Mr. Spencer:
Q. Mr. Hunsucker, I ask you whether there have 

been any effects upon the public safety at Friendship 
College that you know of ?

A. We thought it necessary to place a patrol car at 
Friendship College after February 12th, for a week or 
so following February 12th, and there has been three 
bomb threats at the College. We have complaints—

Mr. Perry: We interpose an objection to that ques­
tion, and move that the answer be stricken on the 
ground that it is irrelevant insofar as the guilt or in­
nocence of this young man is concerned.

The Recorder: I  am going to permit it on the same 
basis, that it has a tendency to show the public feeling.

A. As I say, there were three bomb threats at 
Friendship College in the dormitories, and the dormi­
tories were cleared on two occasions after the Presi- 

6 dent was contacted by police officers, and on the third 
complaint concerning a bomb being placed at Friend-



SUPREME COURT 
Appeal from York County

35

J oh n  M. H unsttcker, J e .
ship College, a member of the faculty was contacted 
about that.

Q. Now, did you state, what did you say with ref­
erence to any investigation or findings after the dor­
mitories were cleared and searched for a bomb?

A. The dormitories were cleared and searched for 
a bomb, but no bomb has been, was found.

Q. The same procedure that was followed at the 
stores?

A. Yes, sir.
Q. Mr. Hunsueker, did you indicate the date of 

these bomb threats at Friendship College, and if not, 
will you do so?

A. We have complaints with the dates which I do 
not have at this time, but I have the police department 
complaint forms filled out on them.

Mr. Spencer: I would like for the witness to refer to 
the records.

Mr. Perry: Subject to our previous objections to 
this line of questioning.

The Recorder: You have no objection to the use of 
the records? As such, do you?

Mr. Perry: No, sir.
A. The first bomb threat was on the 27th day of 

February of this year at 11:55 p. m. The dormitories 
were cleared.

Q. You need not go into details. I just want to get 
the time.

A. All right. The second bomb threat was on March 
4th of this year at 2:34 a. m. The third bomb threat 
was about 6 p. m. on the 10th day of March of this 
year.

Q. Now, Mr. Hunsueker, at the time of these oc­
currences in the downtown area to which you have just



36 SUPREME COURT 
City of Eock Hill v. Henry et al.

J o h n  M. H ustsucker, J b .
referred in yonr testimony, I ask yon to state what, 
if any, effect that had with reference to any drawing 
of people into the downtown area.

Mr. Perry: We object to that on the ground that it 
calls for a conclusion, and on the further ground that 
it is irrelevant.

The Recorder: I don’t believe that is a conclusion.
Mr. Spencer: That is not a conclusion, if  it please 

the Court, he is going to testify to what he saw.
The Recorder: I think he can testify to what oc­

curred. I don’t think he could draw any conclusions 
that that was the cause of it.

Mr. Spencer: I will withdraw and rephrase the ques­
tion. I don’t want to get into an argument over mat­
ters of form. I am just trying to get the facts in the 
record.

By Mr. Spencer:
Q. Now, Mr. Hunsucker, immediately following the 

occurrences to which you have testified with relation 
to groups of Negroes coming to the downtown lunch 
counters, I ask you to describe the type, character and 
number, as best you can, of people in the downtown 
area.

A. In my opinion there were certainly more people 
in the downtown area after these incidents started, or 
after February 12, than there are ordinarily in Rock 
Hill, in groups.

Q. Now, I am not speaking of every day. I am talk­
ing about immediately following.

A. Immediately following the incidents—
Q. Or at the time, in other words!
A. There were, in my opinion, more people in the 

eity than there ordinarily are, in groups standing



SUPREME COURT 
Appeal from York County

37

J o h n  M. H u n su ck er , J r .
around on the streets, groups that would pass through 
the stores, people I have never seen before in my life.

Mr. Sampson: Object to that, too, Your Honor, on 
the grounds that it is irrelevant. I don’t think it is rele­
vant, he said people that he had never seen before in 
his life, even though he has been here 12 years, and so 
forth, I think what he says would be true right now, he 
could walk out there and meet someone that he had 
never seen before in his life.

Mr. Spencer: If it please the Court, he has estab­
lished the time of his observation, and he is testifying 
in relation to that time, as I asked the question and 
understood his answer.

The Recorder: Well, it is my opinion, as far as I 
know he has been living here all his life. I don’t see any 
objection to that.

By Mr. Spencer:
Q. Now, Mr. Hunsucker, these persons that you have 

referred to on the streets and in the downtown area, 
could you give any indication as to whether they were 
white persons or colored persons, Negroes and Cau­
casians, and the numbers'?

Mr. Sampson: I am going to object to that. I don’t 
know what he is trying to show here, but it is irrelevant 
and not necessary to establish the public peace. He is 
trying to get an opinion from him as to who comes 
into a particular area. I  don’t think that is relevant 
here. We have got numerous instances on the record 
already according to his recollection which Your Honor 
has said is permissible, and so forth. Now we are get­
ting into a general comment on colored and white peo­
ple being in the area. That has got nothing to do with 
this case. If this peace does exist, it includes Negroes 
and Caucasians. That is the nature of it. He is trying



38 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H unsuckhk , J r .
m9 to use that as some element, and we object to it. It is 

too broad, it is irrelevant, it is bringing in too much. 
This man is charged with a very narrow and specific 
thing here, which occurred, and to say generally what 
the public peace would be, now we would agree to that, 
he has already enumerated instances like the instance 
about a month or two prior, and now he is commenting 
on the people. I can hardly cross examine him on it 
very well, because we would have to ask him the num­
ber, would have to ask him what his knowledge was 
before, and all that sort of thing, there is no use to

150 encumber the record with it. The Court has ruled that 
the public peace is important here, but I think it is too 
farfetched. We are at this time only trying one de­
fendant, and you have got to prove he was in the 
group, and the language, and so forth. Now, we think 
that what is in this indictment is important as to this 
particular defendant.

Mr. Spencer: I f  it please the Court, I believe that 
what is already in the record will show that the ten­
sion which has already been described was a factor

151 between Negroes and white people, and I take the po­
sition that numbers and groupings in that category is 
relevant.

The Recorder: Yes, I think the background informa­
tion that he has been building all along really leads up 
to the question that he has now asked, in order to show, 
you speak of being specific, it is a broad term, public 
peace is a broad term.

Mr. Sampson: Yes, but the charge is specific.
The Recorder: Yes.
By Mr. Spencer:
Q. Now, Mr. Hunsucker, I had asked you if you 

eould indicate the numbers of, or approximate num-



SUPREME COURT 
Appeal from York County

39

J ohn  M. H u n su ck er , J r .
bers of persons of the, in other words, how many in 
the white groupings and how many in the Negro 
groupings? The best you can.

A. You mean on the street!
Q. Yes, sir.
A. There were small groups of people all up and 

down Main Street, after or in between these incidents 
which I have described. They would remain on the 
streets. It appeared that they were just waiting to see 
what was going to happen. They would stand around in 
groups, as I have described, and of course, when one 
of the incidents would occur, well, they would just be 
in large groups, especially in front of the stores where 
the incidents were occurring, but at all times during 
the day you could see small groups of people on the 
streets, and most of these were white people. There 
were some colored people, especially over in the vicin­
ity of the Western Union and along in there, you could 
note these colored people gathered in small groups, 
so to speak.

Q. Mr. Hunsucker, in your opinion as an experi­
enced police officer, I  ask you whether or not as these 
various things occurred, did it have any effect by way 
of increasing public tension in reference to the public 
peace and order?

Mr. Perry: I object.
The Recorder: Yes, I think, Mr. Spencer, that that 

is a legal conclusion.
Mr. Spencer: If it please Your Honor, it is the view 

of the City that this man is a trained police officer 
charged with the duty and responsibility of maintain­
ing law and order, and a part of his training is in the 
field of keeping the public peace and handling crowds 
and things of that sort.



40 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H unstjcker, J r .
The Recorder: He can testify to what he finds, he 

can testify to a situation he finds existing, but I am 
not going to let him testify that this was the effective 
cause of something else. That is a matter for a jury 
to determine, and for me to determine whether it was 
the cause of it. He can testify that this happened on 
this day, and this happened on this day, but I am not 
going to let him testify that because of this, this oc­
curred.

Mr. Spencer: Very well, Tour Honor. I  will with­
draw the question.

By Mr. Spencer:
Q. Mr. Hunsucker, moving on to the immediate sit­

uation on the date of the offense charged, I  will ask 
you were you on duty on the 15th day of March, 1960, 
as a police officer1?

A. I was.
Q. What were your duty hours on that date?
A. 8:30 a. m. until 6 p. m., normally, but I did not 

stop at six p. m.
Q. All right, sir. Did you have occasion to visit the 

City Hall area on that date in reference to any matter ?
A. Yes, sir, I did.
Q. At the time of your, will you indicate the time 

that you went to the City Hall? On that date?
A. I went to the City Hall about one p. m.
Q. Had you received some communication indicat­

ing that you were to come to City Hall?
A. I had a phone call.
Q. All right, now, when you reached the City Hall 

area, just describe to the Court what you saw and 
observed?

A. When I reached Hampton Street, I saw a group 
of Negroes standing in front of the City Hall on the



SUPREME COURT 
Appeal from York County

41

J ohm  M . H tjnsucker, J r .
sidewalk, that is, on the City Hall side of Hampton 
Street. They were not blocking the sidewalk, but they 
were standing on the, on that side of the sidewalk 
nearest the street. They were facing City Hall. They 
were singing in what I call a loud and boisterous 
manner.

Mr. Perry: I object to the conclusions by the wit­
ness, sir.

The Recorder: Just specifically what are his conclu­
sions you object to?

Mr. Perry: A  loud and boisterous manner.
The Recorder: I understand he was there, he was 

present. You were present at this time, Mr. Hun- 
sucker?

The Witness: Yes.
Mr. Perry: We withdraw the objection. All right, 

sir.
A. Continuing) Now, let me back up just a minute, 

and say that I had come from up Black Street, and as 
I turned on to Hampton, then I could hear this group 
singing. It was that loud, and as I got, of course, closer 
to the group, the louder it sounded to me, and as I got 
to the group, it certainly was in a loud and boisterous 
manner, and I looked the situation over there, and went 
on inside of the City Hall to use the telephone to con­
tact headquarters. As I went inside of the City Hall, 
I could still hear the singing, loud singing, after I got 
inside to use the phone. Everything appeared to be at 
a standstill as far as working conditions were in the 
City Hall itself. I was, all of the employees were stand­
ing up front, near the counter, and I proceeded to use 
the telephone, and I contacted headquarters, and I re­
ceived information from headquarters that the officers 
were needed at Good’s Drug Store and at the bus sta-



42 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H u n su ck er , Jr.
,65 tion, because of Negroes in those places. I went back 

outside of the City Hall. The group was still singing, 
the group of Negroes, the same as they had been when 
I first arrived. Other officers were present there at the 
scene, and I proceeded on to Good’s Drug Store where 
I had understood that officers were needed. I got to 
Good’s Drug Store—

By Mr. Spencer:
Q. Well, let’s don’t go into any details there which 

do not relate to the location and offense with which 
the defendant is charged. Did you leave Good’s Drug

166 Store?
A . I went to Good’s Drug Store and stayed just a 

very short time, and then left and came back to City 
Hall. As I came off of Main onto Hampton Street, I 
could hear the group still singing. Traffic was becom­
ing very congested in the area.

Q. State whether or not there were white persons 
gathered in the area?

A. There certainly was, on the opposite side of the 
street from the City Hall. That would be on the east

167 side of Hampton Street, groups of white people also 
were on the west side of the City Hall side of Hampton 
Street on the sidewalks adjacent to Good Drug Com­
pany.

Q. Were they participating in the singing?
A. They were not. I thought it necessary to cut the 

traffic out of Hampton Street on account of the con­
gestion. As traffic was cut out of Hampton Street, the 
group of white people had gathered in such numbers 
that they were pushing out into the street itself from

16g the sidewalk. I, along with other officers, cleared up 
this situation by getting them back onto the sidewalk 
out of the street. At the time the group that was sing-



SUPREME COURT 
Appeal from York County

43

J o h n  M. H tjnstjckeb, J r .
ing was already being placed under arrest. Some of 
them were being put into patrol ears.

Q. You were not present at the time that that 
started?

A. I was not present at the time it started. I was 
en route from Good’s Drug Store back to the City Hall.

Q. All right, now, describe what occurred after your 
return with reference to further handling of the ar­
rests which were made.

A. The group continued to sing, and I assisted in 
arresting the members of the group that were singing 
for breach of the peace, and so informed them as I 
arrested them two at a time.

Q. Mr. Hunsucker, did you participate in the arrest 
of anyone who was not in the participating group 
which you have described?

A. Well, let me say this, that after this group was 
all brought to the police station here, I  would estimate 
about ten minutes later I received a phone call here 
at the police department that another group had 
gathered in front of City Hall. At this time I left the 
police station with other officers, and went baek to 
City Hall, and found five Negroes standing in front 
of City Hall on the sidewalk, with their backs to the 
City Hall. They were singing, the same as the others 
were singing, The Star Spangled Banner, My Coun­
try ’Tis of Thee, and this was also in a loud and bois­
terous manner, in my opinion. Groups of Avhite people 
were gathering again on the sidewalks as they had 
when the first group were there. I  was present when 
Lieutenant Brown talked to this group and asked them 
to disperse, or else they would be arrested and charged 
with breach of the peace as the others had been, and 
they said they would join the others, and continued to



44 SUPREME COURT
City of Rock Hill v. Henry et al.

J ohn M. H u n su ck er , J r.
sing, and they were arrested and brought to the police 
station.

Q. Mr. Hunsucker, during your observation and ar­
rest of the initial group which you have described, did 
you have an opportunity to observe the entire group? 

A. I did.
Q. Were all members of the group participating in 

the singing?
A. Yes, sir.
Q. Was anyone arrested while you were there and 

during your observation who was not singing and par­
ticipating with this group?

A. There was not.
Q. Did you or not, remain at City Hall until the en­

tire initial group had been arrested?
A. That is correct, sir. I came with the last carload.
Q. Mr. Hunsucker, do you know how long approxi­

mately the singing had been in progress before any 
arrest was commenced?

A. I would estimate that it had been in progress 
about 25 to 30 minutes, to the best of my knowledge.

Q. Mr. Hunsucker, were any of the group doing 
anything other singing, and if so, what?

A. Members of the group were carrying signs—
Mr. Perry: I object, Your Honor, he can testify as 

to what this defendant was doing; unless this defend­
ant was doing it, I  respectfully submit that anything 
anybody else might have been carrying has no rele­
vance in the prosecution of this young man.

Mr. Spencer: I f  it please the Court, it is the posi­
tion of the City that this was a group of persons, that 
they were ordered to disperse, to cease and desist, and 
they didn’t do so ; that they were thereupon all charged



SUPREME COURT 
Appeal from York County

45

J o h n  M. H unsttcker, J r .
with the offense, breach of the peace, and that all of 
them are participants as principals.

Mr. Sampson: Your Honor, we would like to object 
to that. We are not trying a group, we are only trying 
the defendant. I don’t mind getting his position, but 
what he is saying here is that we are trying to try a 
group, but we just want to try this man here, that is 
the only one here. We, of course, by stating his posi­
tion we don’t want him to get into the position of tes­
tifying either. I am sure the Court will allow him 
plenty of latitude to put in anyone he likes to prove 
his case, but I think that on this line of questioning 
here as to the group in relation to his remarks, that it 
certainly would be prejudicial and irrelevant.

Mr. Spencer: I f  it please the Court, I  won’t under­
take to pursue the line over his objection, certainly not 
in the sense—well, I will withdraw the question.

By Mr. Spencer:
Q. Now, Mr. Hunsucker, what was the manner in 

which the arrested persons were handled after being 
brought to the police station, based on your observa­
tion after you got here?

A. When I got here from City Hall, the arrested 
persons were seated here in this courtroom, that is, 
with the exception of some few who were being booked, 
but I want to describe how they were being booked. 
They were seated here, and they were singing just like 
they had been at City Hall, in a loud manner—•

Mr. Perry: I beg your pardon, this might be off the 
record, I just want to address the Court and ascertain 
the position of the City on something.

The Recorder: Go ahead.
Mr. P erry: Is this young man being prosecuted for 

what happened in front of the City Hall, or are you



46 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H u n su ck er , J r .
including in his prosecution the singing which is now 
being testified concerning, which occurred oh the in­
side! In other words, I  believe that the matter which 
precipitated the arrests, as I have heard it from the 
witness, was the singing while being a part of a group 
in front of the City Hall.

The Recorder: As I understand the question, the 
City Attorney is now asking, he is trying to prove a 
continuity for identification purposes. I would assume, 
I will admit that the officer did testify that they were 
singing. I don’t assume that you had any intention of 
eliciting such an answer from the witness, or did you!

Mr. Spencer: Yes, sir, Your Honor, I meant to elicit 
that answer, and I intend to seek to elicit another an­
swer of the same category a little further along, but I 
submit this, that all of this is a part and parcel of the 
total picture, and it all occurred, and there is no break 
in the time of the continuity. I am not charging him 
with more than one offense.

Mr. Perry: We object, Your Honor.
Mr. Spencer: He is only charged with one offense.
Mr. Perry: We object. This man is not charged with 

singing at police headquarters. He is charged with 
having assembled with others in a large group upon 
the public streets. He is charged further with singing 
in a loud and boisterous and tumultuous manner, and 
there is nothing in here about singing inside head­
quarters, and we respectfully submit that it is irrele­
vant.

Mr. Spencer: If it please the Court, I don’t want to 
suggest that we are trying to make out a separate 
charge in any sense. I  do assert that the details of 
what occurred during the process of actual arrest of 
this defendant, for the offense charged, is properly



SUPREME COURT 
Appeal from York County

47

J ohn M. H u n su ck er , J r .
relevant, certainly as having a bearing upon the atti­
tude of the defendant.

The Recorder: Well, yes, it would also have a bear­
ing upon, I find we always permit in this Court the 
officer to testify about the conduct of the defendant 
while under arrest. It has to do with the fine, and what 
might be placed upon a person; and I understand your 
objection.

Mr. Perry: Yes, sir.
The Recorder: But, Mr. Perry—
Mr. Perry: May I state this further thing! We ob­

ject to it further as, we object to it being considered 
as evidence of guilt or innocence of this man. Now 
perhaps in the event of the finding of guilty, perhaps 
at that time the officer might go into the attitude of the 
defendant, in order to determine mitigating or aggra­
vating circumstances, but so far as the determining 
his guilt or innocence we object in that it couldn’t have 
any relevance.

The Recorder: We have always permitted the testi­
mony relating to those happenings immediately after 
an arrest as having a bearing on whether the defend­
ant is guilty of the crime he is charged with. All right. 
Go ahead.

A. The prisoners were seated here in the courtroom, 
and they would be taken from, the courtroom one, two, 
or three at a time, as we had officers to fill out arrest 
slips on them, out here in what is known as the squad 
room adjacent to this courtroom. They were then 
booked, and placed in jail. The information was re­
ceived from them as to name, address and so forth by 
the officers out in the squad room. They continued to 
sing after they were placed in jail.



48 SUPREME COURT 
City of Rock Hill v. Henry et al.

J ohit M. H u n su ck eb , J e .
By Mr. Spencer :
Q. Mr. Hnnsncker, what procedure was followed 

after the booking and the placing in jail, if any?
A. After the prisoners were placed in jail, they were 

then brought out to be fingerprinted and photographed, 
and it was learned that we had received false names 
from some of the prisoners.

Mr. Perry: I object to that, Your Honor, unless he 
shows that this prisoner here did not give you his cor­
rect name. Did this particular person here give you his 
correct name?

The Witness: I would have to check on my cards.
Mr. Spencer: We made no assertion that this man 

gave an incorrect name.
Mr. Perry: I move that that testimony be stricken 

from the record.
The Recorder: I  believe, sir, I  don’t believe you 

would have a right to strike that from the record.
The Witness: They were fingerprinted and photo­

graphed after being placed in jail.
By Mr. Spencer:
Q. Now, Mr. Hunsucker, according to the police de­

partment records as to the handling of these persons, 
I ask you if this defendant was shown to be one of the 
group at City Hall?

A. He was.
Q. Mr. Hunsucker, I ask you whether or not of your 

own personal knowledge or recollection, can you iden­
tify this particular defendant as an individual rather 
than as a part of the group?

A. I saw this defendant at City Hall on the date of 
this arrest in this group.

Q. Mr. Hunsucker, do you know the aproximate 
amount of time that was involved in the processing of



SUPREME COURT 
Appeal from York County

49

J ohn M. H unsttcker, J r .
the members of this group including this defendant? 
From a record standpoint in the police department?

A. Six or seven hours for processing the whole 
group.

Q. Now, after the group was processed, I ask you, 
was the group including this defendant then released 
on bond?

A. That is correct.
Q. Do you know approximately what time that oc­

curred?
A. Approximately eleven p. m.
Mr. Spencer: I have no further questions. The wit­

ness is with the defense counsel.
I wonder, though, whether the Reporter might need 

a break?
The Recorder: She has already indicated that she 

would like a rest.
Mr. Sampson: We would like to join in that.
The Recorder: We will make it a rather short re­

cess, we won’t put any exact time limit on it.
(Short recess.)
The Recorder : All right, the Court will come to or­

der. You needn’t stand. Contrary to a previous com­
ment by this Court, I am going to permit the TV  cam­
eramen to take pictures for the first five minutes, com­
mencing now. I had announced earlier that we were 
not going to permit that, but due to the fact that we 
have allowed the newspaper people to take pictures, I 
am going to let them take pictures for five minutes. If 
your hair is not combed or there is anything you want 
to do, now is the time to do it. Mr. Spencer, you are 
through with the witness?

All right, you may proceed, Mr. Sampson.



50 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H ttnstjcker, J r .

m Cross Examination
By Mr. Sampson:
Q. May it please the Court, Captain Hunsucker, 

that is your name?
A. That’s right.
Q. I want to apologize if I  pronounce it incorrectly, 

and if I should do so in the course of discussion I want 
you to feel—

A. A lot of people do.
Q. I am not trying to be disrespectful to you, how

198 old are you, Captain?
A. 33.
Q. How long have you been a captain?
A. Since the 15th day of March.
Q. 15th day of March, that was on or about the same 

time that this particular matter occurred?
A. It happened on my first day as Captain of Police.
Q. All right, I would like to congratulate you. Sir, 

you were a lieutenant before that?
A. That is correct.

1M Q. And how many years did you serve as a lieu­
tenant ?

A. About six years, I  believe.
Q. Well, about six years?
A. Five to six, something like that.
Q. All right, what was your position prior to that 

time?
A. I was a relief sergeant for a short period of time 

over a shift of men.
Q. I see. I  think your testimony was that you have 

had 12 years’ experience, is that right?
A. That’s right.

200



SUPREME COURT 
Appeal from York County

51

J o h n  M. H u n su ck ek , J e .
Q. Would you mind telling us how far you went in

school!
A. I finished high school.
Q. Finished high school in Rock Hill!
A. That is correct.
Q. This is your home, I presume, is that right!
A. That is correct.
Q. You were born here!
A. That is correct, sir.
Q. Now, Captain, about this incident at City Hall, I 

think that you have testified that you were called to go 
in that general direction, is that right ?

A. That is right.
Q. Let me pause here; what kind of a building is 

City Hall in your judgment!
A. What kind of a building!
Q. Yes, is it a private building or a public building!
A. It is a public building.
Q. A  public building, and that of course, does the 

public mean everyone, in your judgment, regardless 
of race!

A. That’s right. Everyone who has business there 
is allowed to go there.

Q. And religion would not have anything to do 
with it!

A. No.
Q. Is the office of the Mayor in this building!
A. The Mayor’s office actually is not in the City 

Hall. To the best of my knowledge he has a business 
establishment across the street from City Hall.

Q. All right, sir, and what business establishment 
is that, do you remember!

A. Building and Loan Association, this is directly 
in front of—



52 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H tjnsttckee, J e .
Q. This Building and Loan Association, this is di­

rectly in front of this public building, City Hall?
A. Actually it is not directly in front, but, I  believe 

it is possibly one building to the side of the buildings 
that are directly in front.

Q. Now, let me ask you this; of your own knowl­
edge does the Mayor on occasion go into the City Hall 
and listen to complaints of citizens?

A. To my own knowledge?
Q. Yes, sir.
A. I don’t know that he actually goes to City Hall 

to listen to complaints of citizens, but I know that he 
does go to City Hall.

Q. Right; and he goes there in the daytime on oc­
casion, doesn’t he?

A. Yes.
Q. And there are numerous public offices in this par­

ticular building, is that right?
A. Yes, sir, that is correct.
Q. Ho you know whether or not the City Council 

meets in this public hall?
A. The council meets at City Hall.
Q. The Council does meet at City Hall?
A. That is correct.
Q. And without going into detail, would you say that 

the City Council is responsible for the legislative 
branch of the government of this city?

A. That’s right.
Q. And if a citizen or group of citizens wanted to 

make a complaint, they would be the proper body, is 
that right?

A. That’s right,
Q. And on occasion, since this is your home, you 

know of your own knowledge that groups have gone



SUPREME COURT 
Appeal from York County

53

J ohn M. H tjnsucker, J r .
to City Hall to make grievances known to the City 
Council?

A. That is right, before the Council, of course, the 
Mayor would be present at that time, yes.

Q. I think the Mayor is a member of the Council, is 
that right?

A. Yes.
Q. Is it true that on some occasions during the ten 

years you have been with the police in this city, that 
you were present when some citizens were there mak­
ing grievances known to the government?

A. Yes, I have attended council meetings where 
citizens would be present.

Q. In your judgment, what is the largest number of 
citizens that you have personally ever seen attend a 
City Council meeting?

A. The room itself is not too large.
Q. Is it as large as this room, sir?
A. No, sir, it does not have the seating facilities that 

we have here. Any answer that I could give, it would 
be strictly an approximate number.

Q. Approximately 100?
A. Ten, fifteen, twenty.
Q. Would you say 100, have you ever had occasion—
A. No, I would not say, I have not attended any 

meetings where there were a hundred.
Q. Now, sir, would you say that this room where the 

City Council meets would hold as much as 100 people, 
standing up and sitting down?

A. Yes, standing up and sitting down it would hold 
100, but they would be rather crowded.

Q. You have heard of occasions where City Council 
was packed, haven’t you, sir?

A. Yes, I have heard of it and read of it.



54 SUPREME COURT
City of Rock Hill v. Henry et al.

J ohn M. H u n su ck er , J r .
Q. Read of it in the newspaper, there is no doubt 

about it in your mind!
A. I am sorry.
Q. No doubt in your mind that in this city that this 

particular Chamber of Commerce has been packed with 
citizens talking about—

A. You mean council room, sir! Instead of Cham­
ber of Commerce!

Q. Yes, sir.
A. Yes, sir, I think it has been packed possibly at 

times.
Q. Now, what is the largest number of persons ac­

cording to your recollection that you have ever ob­
served to be in the corridors or the lobbyways of City 
Hall!

A. I personally have never observed anyone stand­
ing in the corridors of City Hall during a Council 
meeting.

Q. I see, but it is true on occasion a number of citi­
zens may seek the foyer, I think that is the correct 
word, of City Hall, for the purposes of waiting to talk 
to some of the officials, is that right! Whose offices are 
there!

A. Your words are a little too large for me.
Q. I am talking about the lobby.
A. I don’t think that group would be allowed to 

stand in the lobby outside of the Council Room, due to 
the setup of the building itself. Of course, of my own 
knowledge I have not seen anything like that.

Q. I see. And I think, if I remember correctly from 
my observation, City Hall on this particular street is 
very beautiful, has a flat wall straight up like that 
wall!

A. That is correct.



SUPREME COURT 
Appeal from York County

55

JoHir M. H unsttcker, J r .
Q. And it has a small doorway, is that right, is it 

double or single, do you remember?
A. The front door is a double door, to the best of 

my knowledge.
Q. All right, now, how wide would you say the street 

was in front of that particular building?
A. The street is approximately thirty feet wide.
Q. Thirty feet wide?
A. I would say approximately that.
Q. How wide is the sidewalk there ?
A. The sidewalk possibly five feet.
Q. Five feet, sir? Five feet from the building?
A. Five feet, maybe six feet, I am not sure. I never 

have had occasion to measure the sidewalk, I am esti­
mating now, the sidewalk would probably be five or 
six feet.

Q. Would my recollection be correct that you testi­
fied on direct examination that these sidewalks were 
not crowded at the time you observed these students, 
is that right? I am trying to look at my notes.

A. No, I said that the sidewalk immediately in front 
was not blocked.

Q. I see. By that you mean people could come and 
go without unreasonable obstruction, is that right?

A. They could pass. I could pass myself.
Q. So actually the public in its normal use of this 

area in front of City Hall was not inconvenienced by 
these young people being there?

A. They could pass.
Q. That is right, and I believe on the other side, on 

the side of the sidewalk, you have what we call in 
Greenville parking meters, is that right? Do you have 
parking meters?



56 SUPREME COURT
City of Rock Hill v. Henry et al.

J o h n  M. H u n su ck er , J r .
A. We have them on the City Hall side bnt not on 

the other side.
Q. Ton call them parking meters, put money in 

them, is that right?
A. That is correct.
Q. Now, in your testimony, as I understand it, on 

direct examination you did not state in response to the 
crowded conditions that these parking meter areas 
were blocked, is that right?

A. The spaces on the street, is that what you re­
fer to?

Q. Yes, sir.
A. The spaces on the street were not blocked by the 

people standing, people were standing in between the 
meters themselves.

Q. I see. But actually the City of Rock Hill would 
not have been deprived of any funds by reason of citi­
zens occupying areas for parking meters.

A. That’s right.
Q. Will you excuse me a moment; may it please the 

Court, would it inconvenience the Court at this point 
to ask for a blackboard now, or a little later on?

The Recorder: We have a small blackboard we use, 
is that large enough for your purposes?

Mr. Sampson: Yes, if it is all right, I can wait, I 
don’t want to lose the Court’s time.

The Recorder: You can be setting it up as you go 
along.

Mr. Sampson: My purpose is to diagram this par­
ticular area.

By Mr. Sampson:
Q. Thus far we have established, I believe, from 

your testimony, that this is a public building, that



SUPREME COURT 
Appeal from York County

57

J o h n  M. H tjnstjcker, J r .
there are public officials, public offices inside, is that 
right?

A. That’s right.
Q. The City Council meets in there, and on occasion 

from your own personal knowledge you know that 100 
people may have at one time been in there f

A. I did not say that they were in there. I don’t 
know that. I never have seen no such crowd, but I have 
heard that it has been packed before in the Council 
Room itself. Now, I did not say standing, either, you 
said standing, not me.

Q. I didn’t understand, I did not really want to con­
tinue, the point I was trying to establish was, and I 
think the evidence here also states, that the public here 
was not inconvenienced on the sidewalk, is that right?

A. There was possibly room, passing room, yes.
Q. And that the parking meter areas were not 

blocked. I want to apologize, for laughing; now, I don’t 
mean any offense, Your Honor, but there are other 
hearings, including Greenville, and in Greenville they 
were worried about whether the parking areas were 
vacant, about whether or not there was money in the 
meters.

Strike that, please. Incidentally, Captain, one sec­
ond, are all the offices inside this public building, to 
your knowledge, occupied by public officials ?

A. I think the majority of them are public officials, 
the Treasurer, City Manager, City Engineer, City 
Health Officer.

Q. You have a City Manager form of government 
here, is that right?

A. That’s right. Excuse me just a minute, there is 
a windshield in my eye, I couldn’t see.



58 SUPREME COURT
City of Rock Hill v. Henry et al.

J o h n  M. H u n su ck er , J r .
The Recorder: All right now?
A. All right. Go ahead.
By Mr. Sampson:
Q. All right now, Captain, generally speaking these 

are public officials within the offices of this public build­
ing, is that right?

A. Generally speaking.
Q. That’s true; and by public officials, sir, do you 

understand that they are paid with taxpayers’ money, 
is that right?

A. That’s right.
Q. And that these taxes come from the city, is that 

right ?
A. Right.
Q. And they are paid by everyone who owns prop­

erty, is that right?
A. Supposed to be, yes, sir.
Q. And it wouldn’t make any difference whether the 

property was owned by white or Negro, they would 
still pay these taxes, right?

A. That is correct.
Q. According to the same assessed rate, is that 

right?
A. Right.
Q. And this money in turn pays for the machinery 

of government?
A. Right.
Q. As a matter of fact, some of it pays for the main­

tenance of the public City Hall, is that correct?
A. Yes.
Q. That’s right. And this is the place at which you 

observed some students singing, I believe, on March 
15th?

A. Out in front.



SUPREME COURT 
Appeal from York County

59

J ohn M. H xjnsxjcker, J r .
Q. All right, now, let me ask you something if I 

may. I think that yon testified about, about this word 
tumultuous, I don’t want to use a big word on you, I 
think you got that, is that what you said, boisterous 
and tumultuous ?

A. I said loud and boisterous and, of course, tumul­
tuous was on the warrant. I don’t think I actually said 
tumultuous.

Q. Does boisterous mean rough to you?
A. That’s right. Or loud.
Q. Does it mean furious to you?
A. Yes, in a sense.
Q. Does it mean violent to you?
A. In a sense, yes.
Q. Now, let me ask you this question. I think that 

you testified that they sang the Star Spangled Banner, 
is that right?

A. That was one of the songs.
Q. All right. Does that song have any special sig­

nificance to you, sir?
A. Oh, yes, the National Anthem.
Q. You have probably heard it all your life, is that 

right?
A. Yes.
Q. Would you say that song is violent?
A. Would I say that it is violent?
Q. Would you say the song is violent, yes, sir.
A. No, not usually. I think it probably could be sung 

that way, but not in its, not ordinarily.
Q. You don’t want to be in the position of testifying 

in this Court that in your judgment the Star Spangled 
Banner is violent or furious, do you?

A. Oh, no.



60 SUPREME COURT 
City of Rock Hill v. Henry et al.

J ohn M. H tjnstjcker, J r.
Q. I am sure you don’t. But that was one of the 

songs that you noticed?
A. That is correct.
Q. I think, sir, that you mentioned other songs. Ex­

cuse me just one minute. Would you mind repeating 
the other songs? Would you mind repeating the songs 
to the best of your knowledge that you recall them 
singing ?

A. To the best of my knowledge, they were singing 
The Star Spangled Banner, and My Country ’Tis of 
Thee, and 1 think they changed to others, probably two, 
which I do not recall, the others.

Q. All right, now you said My Country ’Tis of Thee. 
Was that one of them, is that right?

A. I think that’s right.
Q. Otherwise known as America?
A. I think that is the correct title. That’s right.
Q. Now, you have heard the song most of your adult 

life, is that right?
A. That’s right.
Q. Would you say that America or the song com­

monly referred to as My Country ’Tis of Thee, would 
you call that violent or furious ?

A. No, the song itself is not, I would say.
Q. Incidentally, sir, do you happen to know anything 

about music?
A. Well, I am a member of a church choir.
Q. Oh, you are? Oh, that’s wonderful. What do you 

sing?
A. Bass.
Q. You sing bass?
A. Yes, sir.
Q. So you do have some knowledge of music, is that 

right? Now, let me ask you this. Have you ever heard



SUPREME COURT 
Appeal from York County

61

J o h n  M. H u n su ck ek , J r .
a hymn by the name of “ Jesus, Keep Me Near the
Cross” !

A. I have heard the name.
Q. You remember the hymn?
A. I remember the hymn.
Q. You are familiar with it?
A. I am not familiar with it. I recognize it when I 

hear it, if that’s what you mean.
Q. I see. Well, would you say you have heard the 

song, “ What A  Friend We Have In Jesus” , have you 
heard that?

A. I have heard that.
Q. You probably have sung that one on occasion 

yourself in church?
A. I have.
Q. Have you heard “ All Hail the Power of Jesus’ 

Name” ?
A. I have.
Q. Now, I ask you again from your knowledge of 

those songs, would you say that any part of the words 
or music at all would be violent or furious, tumultuous, 
and so forth?

A. The words in the songs, is that what you are 
asking?

Q. The songs themselves.
A. I don’t think the songs themselves are violent or 

tumultuous.
Q. Captain Hunsucker, if you heard a chorus of 

people of five or ten or fifteen sing any one of these 
songs I have asked you about, calling the words cor­
rectly, assuming they called the words correctly, would 
you say that they were breaching the peace?

A. Not if it was sung at the proper place and the 
proper time and in the proper manner.



62 SUPREME COURT 
City of Rock Hill v. Henry et al.

J ohn  M. H unstjcker, J r .
Q. Oh, I see. So that is what caused these songs to 

be tumultuous ? Sir, do you know, to your knowledge no 
one suffered any harm by the manner in which these 
songs were sung?

A. Well, to my knowledge, the employees of the 
City Hall itself were not working on account of this 
singing outside, maybe the City itself suffered, I don’t 
know.

Q. Well, I imagine that the City wouldn’t censure 
its employees for listening to a group of songs beauti­
fully sung, would they?

A. Would you repeat the question, please?
Q. I don’t think that the City would censure its em­

ployees for taking a moment off to listen to songs like 
The Star Spangled Banner and America and Jesus 
Keep Me Near the Cross, now would they?

A. I can’t answer that because I don’t know.
Q. All right, now, I don’t know whether or not you 

used this particular word or not, but I think—I would 
like to show you this form, if you can’t remember, this 
is the word tumultuous there, is that right?

Mr. Sampson: You don’t mind me showing it to him?
The Recorder: No.
A. That is tumultuous.
By Mr. Sampson:
Q. And in your knowledge and judgment, what does 

that word mean?
A. Tumultuous means in my opinon to create com­

motion, or agitation—I am sorry, Judge, the wind­
shield is right in my face and I can’t see, on account 
of it.

Q. Now, Mr. Hunsucker, I have a definition in my 
hand of the word tumultuous, several definitions, I 
want to read just one, it says, “ A  commotion or agita-



SUPREME COURT 
Appeal from York County

63

J o h s  M . H unsttcker, J r .
tion of a multitude, usually with great uproar and con­
fusion of voices.” Is that your general understanding 
of the word tumultuous?

A. To create commotion or agitation is my under­
standing.

Q. All right, sir, isn’t it true, therefore, that if com­
motion or agitation which allegedly created uproar, 
if it was brought about in this case, it was being 
brought about by singing? By singing the Star Span­
gled Banner, and America, and Jesus, Keep Me Near 
the Cross, is that right?

A. That is right, in a loud manner in which it was 
being sung.

Q. That is right, sir, it had to happen through the 
words of the songs?

A. That’s right.
Q. It is fair to say that all you observed or heard of 

your own personal knowledge was the singing of songs, 
is that right?

A. That Avas correct, and the carrying of signs.
Q. By that you mean, of course, that there was no 

profanity, no insults, or anything like that?
A. I did not hear any.
Q. Yes, sir, as a matter of fact there was no discour­

tesy shown on the part of these alleged students at 
all or this defendant as a part of this alleged group?

A. Nothing other than what I have described.
Q. That’s right. Now, what does that intention to 

agitate mean to you?
A. To kind of prompt or in other words—
Q. Ordinarily speaking, what do you think it means?
A. It means just what it says. It means to prompt 

you to do something, to excite, or things of that nature.



64 SUPREME COURT 
City of Rock Plill v. Henry et al.

J o h n  M. H u n su ck er , J r .
Q. So if there was agitation in this case, it must 

have come from the singing of those songs or other 
songs which I have already enumerated, is that right?

A. Yes.
Q. That’s right. Therefore, for the purposes of this 

warrant, this charge against this defendant of “ tumul­
tuous and boisterous manner” would have to be re­
ferring to the singing of the songs which we are talk­
ing about?

A. That’s right.
Q. Quite frankly, Captain Hunsucker, those songs 

*64 weren’t out of tune, were they?
A. They sounded to me as if they were in tune.
Q. They did, I see. I see.
A. I mean by that, on key, if  you are talking about 

the same tune.
Q. I can’t sing, I appreciate music but I don’t have 

your knowledge of it, I can’t sing, I am sorry, I could­
n’t help on that.

A. They were on key, but they were too loud, in my 
opinion.

256 Q. I see. Now, you are an expert on this matter, 
aren’t you?

A. No, I am not an expert in this matter. I  appreci­
ate good music, but I am not an expert on it.

Q. I see. Let me ask you this question. Was it not 
brought out by counsel that, counsel for the City, did 
any one of the City employees in this building that you 
observed listening to this music compliment this group 
on their singing?

A. Not to my knowledge.
Q. They did not complain, either, did they, to your 

knowledge?
A. They did not complain to me.



SUPREME COURT 
Appeal from York County

65

J oh n  M. H unstjckeb, J r .
Q. That’s right, to your knowledge they did not com­

plain?
A. They did not complain to me.
Q. It is very possible that they were enjoying it, is 

that right, sir?
A. I don’t know whether they were enjoying it or 

not.
Q. Yes, now, well, I will withdraw that, Captain. It 

is very possible that you wouldn’t know that, I am 
sorry.

Now, I understand that you testified that there were 
some white citizens, there were some citizens, rather, 
back here whom you referred to as being white, or 
Caucasian, on the other side of the street, is that right ?

A. That is correct.
Q. Were they close to the building that the Mayor 

has his office in?
A. They were on the same side of the street, and 

also the other side of the street, too, above.
Q. I understand that the citizens on the other side 

of the street were in close proximity to the building 
where the Mayor has an office?

A. That is correct.
Q. To your personal knowledge, no one complained 

to the Mayor about it, did they?
A. Not to my personal knowledge.
Q. That’s right, and to your personal knowledge the 

Mayor did not say anything to you about it, did he?
A. I have not spoken to the Mayor in regard to the 

situation until today, until this date.
Q. Oh, I see. But you have spoken to the Chief of 

Police about it?
A. Oh, yes.



6 6 SUPREME COURT 
City of Rock Hill v. Henry et al.

J ohn  M. H tjnsttcker, J r .
Q. Incidentally, about how many people in the 

crowd, most of whom you said were Caucasian, on the 
other side, about how many of them were there over 
there ?

A. During the time that the initial group was there?
Q. Yes, sir.
A. Well—
Q. Approximately, I don’t expect you to be accurate.
A. 150, in rough estimation.
Q. 150?
A. At the greatest gathering.
Q. At the greatest gathering, and on other occasions 

while you were in the process of talking or arresting 
or inquiring relative to this group, the number was 
smaller, is that right?

A. Well, people were coming and going, if  that’s 
what you mean.

Q. Isn’t it the simple truth that anybody who wanted 
to come and go, had ingress and egress on that public 
street on the sidewalk on the other side of City Hall, 
they weren’t interfered with, that is the truth of 
the matter, isn’t it?

A. I don’t know that I quite follow you. Are you re­
ferring to whether or not the sidewalk on the other 
side of the street was blocked?

Q. Pedestrians were coming and going on that side 
of the street?

A. They were moving.
Q. That’s right, they were moving, therefore this 

group of people that were standing there, momentarily 
or not, they didn’t interfere with the general right of 
the public to use that street, is that right?

A. At one time they protruded out into the street, 
and had to be moved back.



SUPREME COURT 
Appeal from York County

67

J ohn  M . H u n su ck er , J r .
Q. I see, that caused them to be moved back, I see, ... 

I see, I see.
As a matter of fact, it was the pushing of people 

into the street that caused the traffic congestion, that 
is the truth of it, isn’t it?

A. No, I didn’t say that. We cut the traffie out of 
that block on Hampton Street before the crowd actu­
ally got to that number where they came on out into 
the street, and the only traffic allowed to proceed after 
we had cut the traffic out, was the cars used in trans­
porting prisoners.

Q. I see. You had already started the arrests before 266 
you cut the traffic out ?

A. The arrests were started at about the same time 
that traffic was cut out.

Q. Oh, I see. The arrests were started about the 
same time?

A. Sir, I went to Phillips’ Drug Store from City 
Hall, and when I came back—

Q. I don’t want to interrupt your answering, but I 
just want to get that statement correct in the record, 
that the arrests had about started at the time you cut 26? 
the traffie out on the street, is that right?

A. At about the same time.
Q. That’s right, therefore before you attempted to 

cut the traffic out, and before the alleged arrests were 
commenced, the situation was normal in the block at 
City Hall under the circumstances?

A. No, it was not.
Q. You won’t go that far, but you will agree that 

when they were singing that the people could go to 
and fro, and that on the side of the side where the 
Mayor’s office was, that the traffic did move, you will 
agree to that much before you cut it out, is that right!

268



6 8 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H u n su ck er , J r .
A. Did you say the traffic did or did not move on 

that side?
Q. Excuse me, I mean the pedestrian traffic on the 

walk, that’s what I mean.
A. There was a crowd of people on the walk on the 

other side of the street. Now they were kind of milling 
around, of course, if they had wanted to leave they 
could leave.

Q. I see, just moving around.
A. The majority of them were not moving, they were 

just standing there in the street.
Q. I see, they were listening to this music, on key 

but high, is that right?
A. The majority of the people were across the street 

standing.
Q. I see. Let me ask you this, if they were pushed 

into the street that would interfere with traffic nor­
mally, wouldn’t it?

A. I don’t say, I did not mean to infer that people 
were pushed into the street. I said people came out 
into the street, protruded into the street.

Q. Oh, yes, I see. I think your testimony originally 
on direct was that there were some people in the white 
groups, and they were pushing into the street, which 
caused the traffic congestion.

A. I don’t mean that some people were pushing other 
people into the street.

Q. I see. Incidentally, no Caucasians were arrested?
A. No.
Q. Did you make any, have any occasion to speak 

to the group of Caucasians standing around there? To 
make an inquiry?

A. I asked them to disperse.



SUPREME COURT 
Appeal from York County

69

J o h n  M. H u n su o k er , J r .
Q. I am sorry, I said inquiry. You did not inquire 

of them any reason why they were standing there, did 
you?

A. No, they were not doing anything but standing 
there at that time.

Q. Just standing there, actually small groups of 
eitizens, some o f whom were white, they weren’t dis­
turbing the peace, were they?

A. The group other than the ones standing there 
singing?

Q. The groups that you observed, they were not 
breaching the peace, were they?

A. I don’t think they were.
Q. All right, incidentally, you have Winthrop Col­

lege at Rock Hill, is that right?
A. Yes.
Q. Have you ever gone out there and heard the 

famous chorus out there at Winthrop College? The 
ladies’ state college, they have a chorus out there?

A. I think they do have, I have read about it but I 
have never heard them.

Q. Do you ever go out to concerts out there?
A. I have never attended a concert.
Q. As a man who is interested in music, you do know 

about choruses and things like that, don’t you?
A. I know that they have music festivals at Win­

throp.
Q. Have you ever had time to attend?
A. I have attended music festivals when I was in 

high school.
Mr. Spencer: May it please the Court, we have heard 

some questions about relevancy, and I am going to 
raise one now on the cross. I don’t believe that has got 
anything to do with anything that we are talking about.



70 SUPREME COURT
City of Rock Hill v. Henry et al.

J ohn M. H tjnsucker, J r .
Mr. Sampson: Your Honor, if I may reply, I started 

ont to test Ms knowledge and opinion of singing groups 
or other groups other than Negro citizens, and that 
is why I asked him about that. I think that the meas­
urement of this alleged act on the part of the de­
fendant and the part of this group as being tumultuous 
and boisterous and so forth, within the definitions that 
he has stated, is germane to tMs charge. That was 
the reason, Mr. Spencer.

The Recorder: I think you have pursued that point 
rather fully. Let’s move on.

Mr. Sampson: All right.
By Mr. Sampson:
Q. Now, in case I didn’t make myself clear, I can’t 

recall whether I have asked this or not, to your own 
personal knowledge, Captain Hunsucker, neither you 
nor any member of your force made any inquiry as 
to any of the groups in this general area other than 
the Negro group, is that right?

A. Inquiry into what, may I ask?
Q. Into anything.
A. We asked, or rather I did not ask, I know that 

they were asked, this colored group to disperse. They 
did not. After that they were arrested. By the same 
token we asked the white people in the area to disperse, 
and they did.

Q. All of them?
A. They left, and things got back to normal.
Q. Are you telling me that when you got tMs call 

and arrived at the scene and heard the singing, and 
these people were out there, that within a few moments 
of that time you so observed this blocking situation, 
and all of these Caucasians dispersed?



SUPREME COURT 71
Appeal from York County 

J ohn  M. H u n su ck er , J r .
A. No, I am not saying that they dispersed, I did 

not mean that.
Q. Incidentally, were there any other Negro citizens 

in groups other than the ones singing in that general 
area?

A. I personally did not observe any.
Q. I see. And if these Caucasians did not disperse 

immediately, then no attempt was made to place them 
under arrest?

A. No, they were not doing anything, they were not 
singing or anything of that nature, they were just 
standing there to see what was going to happen.

Q. And in your judgment you judged that they were 
just standing there, not saying anything, singing or 
saying anything, so that you could hear it, as being 
the state of the public peace at that time, is that right?

A. They were waiting to see what was going to take 
place.

Q. Oh, I thought you just testified that nothing took 
place but the singing of the songs such as the Star 
Spangled Banner?

A. The arrests took place.
Q. We are not talking about the arrests at the mo­

ment. We are just talking about what happened. We 
will get into the arrests in a moment. We won’t worry 
about that, we will get to that later. Now, let me ask 
you, sir, a few other questions. I don’t want to tarry 
too long. Incidentally, I think it is necessary for me 
to ask you, do you understand something about consti­
tutional law, or do you get any knowledge in the course 
of your training as a policemen?

A. The Constitution of the United States?
Q. Of the Constitution of this State and of the United 

States.



72 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H unstjcker, J r .
A. I would say that I had some knowledge of it, 

yes, sir.
Q. And it is your knowledge that a eitizen has a 

right to petition the government for redress or im­
provement ?

Mr. Spencer: If it please the Court, we-—
The Recorder: I am not going to permit you to ex­

amine him on questions of law.
Mr. Sampson: I am sorry.
By Mr. Sampson:
Q. Let me ask him another simple question, that 

of his knowledge he can answer, and the Court can 
rule on it. Captain Hunsueker, there is no doubt in 
your mind that all citizens of Rock Hill have the equal 
right to use the public streets in front of City Hall, is 
that right!

A. That is right.
Q. Now, may it please the Court, I am going to ask 

Captain Hunsueker some questions along the line of 
the State as to public peace which the City Prosecutor 
attempted to show earlier, and I would like at this 
time to renew our objections originally made to that 
line of questioning.

The Recorder: Let the record show that he is asking 
the questions subject to his previous objections.

Mr. Sampson: Thank you, Your Honor.
By Mr. Sampson:
Q. Now, Captain Hunsueker, you testified, I think, 

a great deal about the word “ tension” , is that right?
A. I mentioned the word “ tension” , yes.
Q. We often use words that have a technical mean­

ing, and have a common acceptance, is that right, to 
refer to something else, is that right?

A. I guess so.



SUPREME COURT 
Appeal from York County

73

J o h n  M. I I u n su oker , J r .
Q. Now tell me what you mean by tension.
A. Tension is getting to a point where anything is 

liable to happen, is that right?
Q. I see. What circumstances in your judgment 

would create a tension of that nature in this particular 
fact pattern?

A. In this particular fact pattern ?
Q. That’s right.
A. The tension among the races on account of the 

Negroes entering these places that are ordinarily used, 
customarily used by white people only.

Q. I see. That is where the tension, where the dif­
ficulty, is. Incidentally, you have 12 years as a police­
man, and evidently as a successful one; do you use 
your State power to enforce customs, do you use your 
State power that you possess as a captain of the police 
and as an agent of the State of South Carolina to en­
force custom?

A. No, not actually to enforce custom, but of course 
anything out of the ordinary, out of custom, could lead 
to violation of laws and things of that nature.

Mr. Spencer: I f  it please the Court, counsel con­
tinues to ask questions, and he interrupts before the 
witness can complete his answer. I would like to ask 
that he desist from that.

Mr. Sampson: I apologize to the Court and to the 
witness; I won’t do it any more.

Mr. Spencer: All right.
By Mr. Sampson:
Q. Proceed, sir, I am sorry.
A. I am through with the question.
Q. I see. So you do, so your answer is yes to the 

question, do you use your power to enforce customs?



74 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H ttnstjcker, J r .
293 Mr. Spencer: If it please the Court, he answered 

directly in the negative. I do not think it is proper 
for counsel to make such a statement to propose the 
question and assert that the witness has answered, 
when the record shows that he answered directly in 
the opposite.

The Recorder: He said that he did not.
Mr. Sampson: May it please the Court, I would like 

to make a statement here, that we are talking about 
public peace here, and we would prefer in representing 
the defense to pose our own questions and do the cross

294 examination. We don’t have any objections to legiti­
mate objections, but I am sure that counsel knows that 
it is up to us to, without being repetitious and burden­
some to the Court, to try to elicit information.

By Mr. Sampson:
Q. Now, Captain Hunsucker, if I can recall cor­

rectly, I think you testified that there were some meet­
ings among citizens in the City of Rock Hill prior to, 
shortly prior to this alleged incident, is that right?

A. Yes, sir, before the incident on March 15.
295 Q. To your knowledge, was there any meeting of 

white and Negro citizens on the subject!
A. Together, white and Negroes?
Q. Yes, sir.
A. Not to my knowledge, other than once a group of 

the Negroes met here in the courtroom with the Chief 
of Police, myself and two or three others, if that is 
what you are getting at.

Q. I say to your knowledge.
A. But as far as other meetings, none together.
Q. That’s right, I am trying to find out whether there 

were any meetings of Negroes and Caucasians, citizens 
of this community, together?



SUPREME COURT 
Appeal from York County

75

J ohn M. H tjnsucker, J r .
A. Not to my knowledge.
Q. Not to your knowledge? The only knowledge you 

have where members of the particular races were pres­
ent was the particular occasion you just mentioned, 
when the Chief of Police and yourself talked to colored 
citizens, is that right?

A. That is the only one I have knowledge of, but 
of course they asked to come up, the colored citizens 
asked to come up.

Q. I see. Now, did you and the Chief of Police at 
this meeting, did you take the position that you repre­
sented the City of Rock Hill at this meeting on the 
question of public peace?

A. No.
Q. Did you make any suggestions?
A. Actually, the colored leaders, as I judged them to 

be, wanted to make a complaint.
Q. Go ahead, sir.
A. About something that had occurred during one 

of the incidents.
Q. I see. All right. Incidentally, does Rock Hill have 

any Negro policemen?
A. They have three colored policemen.
Q. These three policemen have the same powers as 

the other police officers of Rock Hill?
A. That is correct.
Q. None of these particular policemen were in this 

particular area at the time this occurred, is that right?
A. That is correct. They were not.
Q. To your knowledge, did it occur to anybody, to 

you or to anyone else in the Police Department, to call 
or take along one of these Negro policemen to this pai’- 
ticular situation which you thought might cause 
trouble?



76 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H unsttcker, J b .
A. Not to my knowledge.
Q. This is a hypothetical question, but if the Court 

doesn’t object; if this situation happened again, do 
you think that would be a good idea?

Mr. Spencer: If it please the Court, I don’t think 
that that is a proper question.

Mr. Sampson: Your Honor, I think he is an expert, 
and I think that if he is an expert that we have a right 
to cross examine him on a hypothetical question.

The Recorder: Well, I will let him answer the ques­
tion. Let’s try to move on a little faster, if  we can. I ’m 
getting hungry.

Mr. Sampson: All right.
By Mr. Sampson:
Q. Now, there were several incidents in reference 

stores which you mentioned on direct examination, I 
mean, several of them, and with reference to that line 
of questioning I would like to direct your attention to 
this question. Is it true that the police force of the 
City of Rock Hill were used to enforce the stores’ 
policy of not serving Negroes?

A. It is not true.
Q. It does not make any difference to you personally 

whether they serve them or not, does it?
A. That is the store’s business.
The Recorder: Just a minute now, I think I am not 

going to permit either side or either attorney to ex­
amine a witness on his own feelings about these mat­
ters.

Mr. Sampson: May it please the Court, we think of 
course that we have the right—

The Recorder: That situation arises every time I 
try a case.



SUPREME COURT 
Appeal from York County

77

J oh n  M. H u n su ck er , J r .
Mr. Sampson: I want to try to save time, but I do 

think since public peace is involved that we have a 
right to test him as to any bias that he may have, 
and that certainly whether or not, I think the question 
goes to bias; I am getting ready to ask him another 
question along that line. I don’t think it is a matter of 
law, I submit that—I think our position is simply that 
any bias or prejudice that might be in the situation is 
a proper subject for cross examination; as a matter 
of fact, in this kind of a case it would be germane to 
the public peace.

The Recorder: Let me hear from you on that, Mr. 
Spencer.

Mr. Spencer: If the Court please, it is the City’s 
position that the right to examine as to bias would 
be limited to bias of the witness against the defendant 
on trial.

Mr. Sampson: In reply I would like to ask one gen­
eral question. It is my understanding from the Court 
that you cannot question this witness on cross exam­
ination as to bias and prejudice.

The Recorder: The question is one of a yardstick 
by which the witness’ testimony is to be measured as 
to whether he is biased or prejudiced.

Mr. Spencer: We take the position that they must 
keep it applicable to the defendant involved.

Mr. Sampson: It’s public peace; if the Court would 
like to reserve ruling, we would have no objection.

The Recorder: I think I will. I think it is an im­
portant point, and I would like to say that normally 
you have the right to examine a person on the subject 
of bias and prejudice on a given set of facts. I am just 
somewhat concerned about subjecting any given wit-



78 SUPREME COURT 
City of Rock Hill v. Henry et al.

John M. HujsrsuoKEK, Je.
ness to any feelings that he might have which is of a 
general nature.

Mr. Sampson: We will confine it to the question of 
public peace, of race and custom, those three items.

The Recorder: Yes, sir.
Mr. Spencer: If it please the Court, I  don’t want 

to make any great issue of the thing, I don’t think it 
is that significant, as long as the thing is held within 
reasonable limits I will withdraw my objection.

The Recorder: I will put it this way. I will permit 
the questions, and you do have the right to examine 
him on the question of bias, there is no question about 
that in my mind, but I want to ask you to confine your­
self in such a way as not to embarrass the witness. All 
right.

By Mr. Sampson:
Q. All right. Captain Hunsucker, in reference to 

what you said about the lunch counter incidents, I  am 
not going to denominate them, it would take too much 
time, I am going to ask you this question, what official 
position did the City of Rock Hill take or announce 
with reference to the efforts of members of the race 
of the defendant here charged to obtain service at the 
lunch counters!

A. It was left entirely up to the operators of the 
business establishments.

Q. Now, let me ask you another question to test your 
bias, and the Court can rule on it prior to your an­
swering it. If this had been a group of young people 
from Winthrop College singing songs in a proper man­
ner, would you have arrested them for breach of the 
peace ?

A. In a proper manner!



SUPREME COURT 
Appeal from York County

79

J ohn  M. H unstjcker, J r .
Q. Yes, sir.
A. Not in a proper manner, I would not have ar­

rested anyone for breach, of peace unless in my opin­
ion they were creating a breach of the peace.

Q. I see. Would you have arrested a group of stu­
dents from Winthrop, assuming that they were of the 
opposite race, for breach of the peace, or singing in 
the manner in which you allegedly observed this group 
singing?

A. If the same conditions were present, I would 
have.

Q. I did not ask that.
Mr. Spencer: Let him answer the question.
The Recorder: Let him answer the question. Go 

ahead.
A. (Continuing) If there were the same surrounding 

circumstances and they had been singing in the same 
manner, I would have arrested Winthrop College stu­
dents also.

Q. Would you have taken the same position in the 
ten cent stores if they were white students instead of 
Negro students?

A. No arrests were made in the ten cent stores.
Q. I didn’t say that they were. I said would you have 

taken the same position had the race of the poeple been 
opposite?

A. Had they conducted themselves in a disorderly 
manner and created a breach of the peace, regardless 
of race, color or creed I would have made the arrests.

Q. Therefore your answer is that as to the incidents, 
that happened in your testimony as to the breach of 
the peace as to the Woolworth cases, the conduct did 
not amount to breach of the peace, is that right?



80 SUPREME COURT 
City of Rock Hill v. Henry et al.

J ohn M. H ttnsuckee, J e.
A. As I saw it, it had not built up to that extent at 

that particular time.
Q. That is what I wanted to find out. In other words, 

you had about, how many incidents did you say you 
had in your notes there? Did we find that out as a fact? 
Would you say five or six?

A. It was three different days before March 15th, 
with two different incidents on one of those days.

Q. Therefore you are testifying that whatever may 
have been the occasion on one, two and three incidents 
of alleged use, or alleged non-customary use of areas 
of a department store, to wit, a lunch counter, in your 
judgment they did not amount to breach of the peace, 
is that what you are saying?

A. They simply came in and were seated and re­
mained seated, and there was no singing at these lunch 
counters or anything of that nature; on March 15th 
there was this loud singing.

Q. Oh, I see, well, the truth of the matter was that 
that was an alleged breach of customs, wasn’t it? 
Breach of custom in the dime stores ?

A. It certainly was.
Q. That is correct. That’s right. And yet, in spite of 

all that, incidentally, it is not a breach of custom for 
citizens to sing on a public street in front of City 
Hall, is it, sir?

A. I don’t recall any group singing in front of the 
City Hall before. I never saw any group singing in 
front of City Hall before.

Q. Oh, I see, I see. It was the unusualness of the 
place that the citizens picked out that caused you to 
have some tendency to feel that something would hap­
pen?

A. It was unusual to me, and it was unusually loud.



SUPREME COURT 
Appeal from York County

8 1

J oh n  M. H unstjcker, J r .
Q. I see. In those dime store eases, would you say 

that it would be a correct statement that the alleged 
breach of a custom would not be related to tensions?

A. Oh, there was a certain amount of tension, there 
is no doubt about it. There was tension building up 
ever since this first incident on the 12th day of Feb­
ruary.

Q. Oh, I see, I see, I understand what you are say­
ing now. Yet you had three separate instances of the 
citizens, of citizens in relatively small numbers using 
private, using parts of private businesses in the City 
contrary to custom, with your knowledge and the 
knowledge of the Police Department? But that did not, 
the third occasion was not sufficient for you to arrest 
them for anything; yet when a group, whatever the 
number, went to City Hall, a public place, without 
obstructing the streets on the front side and the back 
side, and sang The Star Spangled Banner and the 
National Anthem and so forth, that in your judgment 
took a switch and caused these young people to be put 
in jeopardy, is that right?

A. I restate that they were not doing anything at 
the lunch counters other than sitting there or reading.

Q. I see. Let me see, sitting at the lunch counters 
or reading at three different occasions was not in your 
judgment a breach of the peace as compared with the 
singing in front of the City Hall?

A. That’s right.
Q. Now, finally, I think I am going to ask you one 

other question. You mentioned something about these 
bombs. I don’t want to stretch it out, because I think 
it would run the same way, did your department 
thoroughly investigate these bomb threats, these al­
leged bomb threats?



82 SUPREME COURT 
City of Rock Hill v. Henry et al.

J o h n  M. H u n su ck er , J r .
A. Where, at the dime store or at the college?
Q. All or any of them.
A. The buildings were searched to try to find out 

whether or not there were bombs.
Q. Oh, that’s right, and incidentally, while we are 

thinking about it we can add a bomb threat to one or 
more of the incidents as to the private establishments, 
yet that didn’t lead you to arrest anyone, is that true!

A. The bomb threat was made, my understanding 
of the bomb threat is that it came in by telephone and 
not from a member of the crowd on the scene.

Q. The truth of the matter is you don’t know what 
religion or what race made the bomb threat at all?

A. That, sir, is correct.
Q. It could have been a white person, couldn’t it?
A. It could possibly have.
Q. Now, let me ask you something, Captain, how 

many people live in Rock Hill, roughly?
A. Approximately 30,000.
Q. How many Negroes?
A. I do not know.
Q. You have some idea, statistically?
A. T never have heard any figure on it. I  know—
Q. Is it three to one, or two to one?
A. I can’t answer that, because I don’t know.
Q. You don’t know how many Negroes live in Rock 

Hill?
A. No, I do not.
Q. Never bothered to find out?
A. I know there are a lot of them, but I don’t know 

how many. I would not want, I  am not going to say 
something if I don’t know it, and I don’t know.

Q. I certainly don’t want to pin you down on that, 
but as long as you can remember you have had citizens



SUPREME COURT 
Appeal from York County

S3

J oh n  M. I I tjnsucker, J r .
of various races and religions and backgrounds and 
colors, is that right, here!

A. That is true.
Q. That’s right. Do you ever have, within your 

knowledge as a policeman in the City of Rock Hill, 
has the peace ever been breached on account of re­
ligion ?

A. I don’t recall any cases. It could have been, but 
I just don’t recall any at the time.

Q. All right, now, let me ask you one other ques­
tion here. The City of Rock Hill, of course, has the 
usual kinds of parades and congregations that most 
cities of this size have, isn’t that right! Motorcades 
after football games, Shriners’ conventions, Christ­
mas parades!

A. With the permission of the Chief of Police.
Q. Traffic is congested and all that kind of thing.
A. That’s right. We get orders on that.
Q. Incidentally, is it within your knowledge of the 

City of Rock Hill, the laws of the City of Rock Hill, 
that you have to get a permit to assemble and sing in 
front of a public building!

A. I don’t know of any particular ordinance stating 
that. You have to have permission for parading, but 
as far as group singing, I don’t know.

Q. Have you had a chance to check it since this oc­
currence, Captain!

A. No, I have not.
Q. You think it needs to be checked to decide whether 

or not there is—
A. I imagine the City Attorney—
Mr. Spencer: He is examining the witness on a mat­

ter of law, and Your Honor has ruled he would not be



84 SUPREME COURT 
City of Rock Hill v. Henry et al.

J ohn M. H ttnstjcker, J r .
permitted to do that. I will be glad to help him if he 
wants to do some checking.

Mr. Sampson: I apologize to the Court. This man 
is a police officer of 1 2  years’ experience, apparently a 
very intelligent officer, I must commend him publicly 
for his response and his answers, and that is the very 
reason that we think he is, that in some areas as to 
public peace he would be an expert. We don’t think 
that the inquiry of the Captain after 1 2  years’ exper­
ience as to his knowledge of whether or not a citizen 
or a group of citizens would have to have a permit to 
come into—

The Recorder: I permitted you to answer the ques­
tion, but now you are asking him shouldn’t he have 
looked it up, or shouldn’t somebody have looked it up.

Mr. Sampson: I withdraw that. My contention is 
that—

The Recorder: Just let me ask you, do you intend, 
I am not trying to cut you off, do you have any more 
questions of this officer? I am thinking about the lunch 
hour.

Mr. Sampson: We are about to conclude this, if you 
will give us one moment.

Could I have a moment to confer, it will speed it up.
The Recorder: I am not trying to cut you off, I am 

just trying to get some idea about lunch.
By Mr. Sampson:
Q. By the way, Captain, was this man, the defend­

ant in this case, was he in that group of five, or this 
other group that you say was there?

A. I don’t know which of the groups he was in. I 
had seen him before, and I recognized him.

Q. I think he is a student at Friendship Junior Col­
lege, isn’t that right?



SUPREME COURT 
Appeal from York County

85

J ohn M. H tjnstjcker, J r.
A. I never have had any dealings with him at Friend­

ship College, I couldn’t answer that. I think he is. I 
don’t know that.

Q. And incidentally, the record ought to show that 
Friendship Junior College is in the City of Rock Hill, 
is that right?

A. Friendship Junior College is in the City of Rock 
Hill.

Q. In Rock Hill. And how long has it been here, to 
your knowledge, Captain?

A. Ever since I can remember.
Q. Since you, I think that the testimony is that there 

was a group of five, now seriously, Captain Hunsucker, 
do you think that a group of five as distinct from a 
group of 20 or 30 would be subject to arrest under the 
same circumstances as we are talking about here, same 
songs, same tunes, same places?

A. You mean—in the circumstances I think that it 
was a breach of the peace.

Q. Incidentally, were you serving as a police officer 
when they had a couple of labor strikes here in and 
about Rock Hill?

A. I was.
Q. There was some picketing going on, wasn’t there, 

or was there, sir?
A. That’s right.
Q. How many pickets?
A. How many?
Q. Yes, sir.
A. I forget just what the number was, specified at 

each gate, three or four, somewhere along in there.
Q. Did you ever arrest a picket for breach of peace?
A. There were several arrests made during the 

strike; as far as the person actually being on picket



8 6 SUPREME COURT 
City of Rock Hill v. Henry et al.

J ohn M. H unsucker, J r.
duty, I would not want to say definitely. I  haven’t 
thought about it recently, I don’t know whether one 
was actually picketing at the time or not, but arrests 
were made during the strike.

Q. Do you have any opinion on whether it is a breach 
of peace or not!

A. It is according to just what way it is done, I 
would say.

Q. I see. If they were singing in the manner that 
these students were singing, would you arrest them 
for breach of the peace?

A. It would be left up to the general surroundings, 
time, number of the crowd, and what have you, I would 
say, as to whether it was breach of the peace or not.

Q. There is one question I don’t think I asked you, 
which I think the record should show, did the owners 
of these establishments or any of them call you or no­
tify you to come down there and protect their property 
or anything of that nature?

A. Have they called me?
Q. Yes, you testified that these three incidents, I 

think Woolworth’s and some other business?
A. No, they have not called me personally.
Q. To your knowledge, did they call the department?
A. Well, as I stated before, this particular day, when 

I called headquarters they advised me that they had 
received a call from Phillips’ Drug Store that the 
people were there, the colored people, and that they 
needed officers.

Q. I see. Incidentally there were no arrests prior to 
this time, is that right? For breach of the peace in 
Rock Hill?

A. No.

344



SUPREME COURT 
Appeal from York County

87

J ohn M. H tjnsucker, J e .
Q. Now, would you arrest one person or two per­

sons or three persons, or four persons, or five persons, 
how many people would have to be out there singing 
these songs that you were talking about before you 
would think it would be a breach of the peace?

A. I think one person can breach the peace, if he 
was so minded, by singing and carrying on.

Q. In singing these same songs, you say? All right.
Mr. Sampson: Your Honor, that would be all.
The Recorder: Any re-direct ?

Re-direct Examination
By Mr. Spencer:
Q. Captain Hunsucker, you were asked under cross 

examination about your schooling here locally. I ask 
you to state whether or not you have attended any 
specialized police training schools, and if so, where 
and when?

A. I attended the Southern Police Institute, which 
is located near the University of Louisville in Ken­
tucky, and took a course, does that answer your ques­
tion? That was in 1953.

Q. Have you attended any other types, have you 
participated in any other type of police school?

A. I have attended service training schools off and 
on ever since I have been connected with the depart­
ment.

Q. Conducted with Hunter Agency?
A. Well, the Extension Division, and the University 

of South Carolina has sponsored schools which I also 
have attended, I have also attended schools conducted 
by the FBI on various things, and also schools here 
with our own local instructors.



8 8 SUPREME COURT
City of Rock Hill v. Henry et al.

J ohn M. H unsucker, J r .
s49 Q. Thank yon, Mr. Hunsucker. That is all the ques­

tions I have.
Mr. Sampson: One question.

Re-cross Examination
By Mr. Sampson:
Q. Captain Hunsucker, with reference to all these 

schools that you have just mentioned in reply to the 
City Attorney, I want to ask you one question. Did, 
at all of these schools, did they teach you to arrest 
on custom or written law?

360 A. Written law. We enforce the law.
Q. Written law. All right.
The Recorder: Are you through with this particular 

witness ?
Mr. Sampson: We are through, Your Honor.
Mr. Spencer: Come down.
(Witness excused.)
The Recorder: Court will recess until 2 :30 p. m.
(Whereupon a luncheon recess was taken until 2:30

351 p .  m . )

(Afternoon session.)
(Pursuant to the taking of the luncheon recess, the 

hearing was resumed at 2:30 p. m.)
The Recorder: The Court will come to order.
Mr. Spencer: Your Honor, I would like to call J. B. 

Brown.

362



SUPREME COURT 
Appeal from York County

89

Lt. J. B. B row n

Lt. J. B. B r o w n , b e in g  first du ly  sw orn , testified  as 
fo l lo w s :

Direct Examination
By Mr. Spencer:
Q. Your name is J. B. Brown!
A. Yes, sir.
Q. Mr. Brown, are you at the present connected with 

the Police Department of the City of Rock Hill!
A. Yes, sir, I am.
Q„ In what capacity are you connected?
A. As lieutenant of detectives.
Q. How long have you held that position?
A. Beginning back in the year ’58, I believe it was 

April.
Q. How long have you been with the department?
A. Going on 13 years.
Q. You live in Rock Hill, sir?
A. Yes, sir.
Q. Mr. Brown, were you on duty on the 15th day of 

March, 1960?
A. Yes, sir.
Q. Were you also engaged in your daily work with 

the police department? From that date back to the 
early part of February?

A. Yes, sir, I was.
Mr. Perry: Now, we interpose here the same objec­

tion generally which was interposed to the similar tes­
timony of Captain Hunsucker this morning with refer­
ence to the events which occurred prior to March 15th.

By Mr. Spencer:
Q. I don’t know whether the witness ever answered 

the question.
A. Yes, I was.



9 0 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J. B . B row n

Q. Mr. Brown, I will also ask you, were you present 
during all of the proceedings this morning during which 
Captain Hunsueker testified?

A. With the exception of a few minutes.
Q. Were you present during the time he testified as 

to certain occurrences prior to March 15th?
A. Yes, I was.
Q. Now, without prolonging the record by going into 

any of the details that may have been covered in 
Mr. Hunsucker’s testimony, I ask you, were you func­
tioning as a police officer at the time of these various 
occurrences? And are you familiar with what oc­
curred ?

A. Yes, I am. Yes, I was a policeman and was at 
that time.

Q. All right, will you briefly describe to the Court 
what if anything occurred at the time of these occur­
rences with reference to the public peace?

A. At the time of these occurrences here in the City 
of Rock Hill, we noticed the gathering of white peo­
ple, and the milling of people there at the stores, and 
on the streets. At times the sidewalks would become 
so congested that the officers had to direct the people 
to move and give room. At times the traffic out in the 
streets was very heavy, and of course the officers had 
to take care of that particular traffic, and in and about 
the stores there were numerous white citizens, some 
young, some old. We felt as police officers that the 
tension had mounted, and we were dispatched to these 
different scenes to keep the peace.

Q. I will ask you now, what if anything occurred on 
March 15th with reference to the public peace and 
order?



SUPREME COURT 91
Appeal from York County 

L t . J . B . B rown
A. As a result of a communication, I went out along 

the street first to the dime store area and on Main 
Street and then to Hampton. When I arrived there I 
noticed this large group in front of City Hall. At the 
same time the white citizens were gathering on the 
opposite side of the street, and on the side of the City 
Hall, below and above the college students. When I 
arrived they were singing; the songs that I remember 
being sung were the National Anthem, (fod Bless Am­
erica, there was a hymn, I remember, What A  Friend 
We Have in Jesus, and I believe America the Beau­
tiful. As I stood there for some minutes, they sang, 
I would say, five or six, and then they began to repeat 
and go back to the National Anthem again, and all 
during this time the traffic was becoming more con­
gested there in that particular block. Sergeant W. D. 
Thomas took his motorcycle and parked it to block 
the mouth of Hampton street on the left side to the 
north. The white citizens began, in other words, kept 
gathering; at this particular time, I would say some 
15 or 20 minutes after I first arrived, being the officer 
in charge, I called two uniformed officers to me who 
were down on the south end of the column, they were 
in, the group was in front of the City Hall singing, 
they were singing in a loud tone of voice, and I called 
these officers to my side and told them of my plan. 
They stood by while I approached tht leader of this 
group. I asked him was he the leader, and he said, yes.

Q. Now, Mr. Brown, before going any further with 
that, I ask you, can you outline or describe to the Court 
any particular 'situation or circumstances which 
prompted you to do what you are commencing to de­
scribe? Right at that particular time?



92 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J . B . B row n

A. About 15 or 20 minutes after they began to re­
peat, the crowd was, in other words, growing larger 
all the time, and about this time someone began to 
blow a horn, and to overcome this it seemed that the 
students picked up there, they sang in a very much 
louder manner, and this, we studied the situation very 
carefully, and in view of the public peace I thought it 
would be best to go to the leader at that particular time.

Q. Mr. Brown, I ask you whether or not under the 
circumstances you have described, whether or not you 
had any opinion as to whether public peace was in im- 
medate danger?

A. In my opinion it was.
Mr. Perry: Objection.
The Recorder: On what basis?
Mr. Perry: Object to the conclusions of the witness 

with reference to the status of the public peace. I 
think that the question seeks to elicit his own inter­
pretation of the public peace.

The Recorder: You object to the question as being 
leading?

Mr. P erry: No, sir, I said on the ground that it would 
call for a conclusion.

The Recorder: That question was broad.
Mr. Spencer: Let me withdraw the question, and 

possibly we can eliminate the objection.
By Mr. Spencer:
Q. Did you or not consider the public peace to be 

in immediate danger at that time?
A. I did.
Q. What if anything did you then do as a result of

it?
A. As I stated before, I called the two uniformed 

officers who were at the south end of the column to me,



SUPREME COURT 
Appeal from York County

93

L t . J. B . B row n

and then in their presence I told them, I asked the gj3 
leader, who is Arthur Hamm, Jr., if he was the leader, 
and he told me that he was. I  told them that in view 
of the situation, or some words to that effect, that 
the crowd would have to disperse, that they would 
have to move, or else be subject to arrest. I told him 
to go through the students and tell them that. He 
agreed and turned and went from one end of the 
column to the other. I do not know what he said, but 
I could see him talking and then after reaching the 
end of the column, he turned around himself, and began 
to sing himself. I then went in front of the crowd 370 
and held up my hand, and told them then that they 
would all have to move. At that time I was drowned 
out by the loud singing. And upon this I moved over to 
the leader, and told him at that time that he was under 
arrest. He was wearing a placard at that particular 
time, I moved back to a patrol car that was parked 
in the alleyway, and gave this particular student to 
Officer W. T. Covick, Jr. The last that I remember of 
this particular student was that he was being placed 
in the patrol car, and that he handed his placard back sn 
to another student.

Q. All right. What if anything further occurred!
A. Along with the other officers present, we began 

to make the arrests of the students in that particular 
group. Going along with these arrests, I noticed that 
they were getting reinforcements. I state that in that 
particular manner because they came down from some 
other direction, I think, I believe I remember some 
coming from the direction of Main Street. They would 
in turn go into the crowd and begin singing themselves. ^

Mr. Perry: I, at this time, of course, interpose a 
general objection. Our general objection is to the use



94 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J . B . B row n

of the word reinforcements, and to the use of the word 
crowd, on the part of this witness.

I move that the words that were used by the witness 
be stricken from the record, because they contain con­
clusions on the part of this witness and such conclu­
sions are prejudicial to the defendant on trial in this 
case.

The Recorder: What conclusion would be drawn by 
the use of the word crowd, by saying a crowd was
there?

Mr. Perry: Of course, crowd has a very unpleasant 
connotation, I think, and it may possibly tend to touch 
upon the legality or unlawfulness of assembly, possibly 
a less offensive term to our concept of the case might 
be employed. The use of the word crowd may, it tends 
to prejudice our client.

Mr. Spencer: Be that as it may, Your Honor, it is not 
a conclusion.

The Recorder: I don’t agree with you, but, the use 
of the word crowd; crowd goes to show a crowd of 
people were there; it is an ordinary term. I f  he had 
said mob, I would have had to agree with you.

Mr. Perry: All right, sir.
The Recorder: I see no objection to using that. Go 

ahead.
By Mr. Spencer:
Q. All right, Mr. Brown, you were describing what 

other things took place. Will you proceed!
A. I might add that it took only a touch of the arm 

and take them by the sleeve to effect an arrest. ,As we 
arrested these students, they still sang, and as I said 
before, some others had joined the group, and they too 
were arrested. So the entire group was placed under 
arrest, and the sidewalk was cleared.



SUPREME COURT 
Appeal from York County

95

L t . J. B. B rown
Q. Were you there during the entire time that the ar- 

rests of this group, or I will say initial group, was in 
progress?

A. Yes, I was.
Q. How long had you observed them, did you say, 

before you started?
A. I would approximate the time as some fifteen 

minutes.
Q. All right, now, as the arrests progressed, was 

there anyone arrested who was not in the group par­
ticipating in the singing?

A. No, sir. As these students came into the group 371 
after these were taken out, finally, in other words, all 
of them were arrested at the scene, and there was no 
one standing right in front of the City Hall, and all of 
these that were arrested seemed to be in the neighbor­
hood of 20 or 21 years old, and I did arrest the males 
first, before I tried to arrest any female in the group.

Q. Do you know the approximate number of police 
cars or vehicles that were used?

A. I would approximate at least five cars, No. 7, No.
6 , No. 3, also a green Oldsmobile there at City Hall, 379 

and also a black Plymouth.
Q. Now, Mr. Brown, what if anything did you do 

after the last member of this group was placed under 
arrest?

A. I came to headquarters in a patrol ear, stayed 
around a few minutes, I noticed the procedure that 
was being used, there was a man on this door and a 
man on this door, the students were in here as a group. 
They were ultimately processed through here. I noticed 
three officers at the table taking down the names and ogo 
information on the various slips. Officer Green was one, 
and Officer Gray was another, and I am not sure of the



SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J . B . B kown
other officer at that particular time, hut after this Of­
ficer W. T. Covick, Jr., and myself took another patrol 
ear and went back to the City Hall, and there were 
some five students standing against the wall facing 
out into the street. They were singing, so I used the 
same approach as I did before, I went up to the group 
and told them in the same manner that they would have 
to move, and I told them at the time what happened to 
the rest of the students. I told them that they had been 
arrested for breach of the peace, and they said that 
they would like to join them. They did not comply with 
my order to disperse or move, so therefore they were 
placed under arrest. In other words, they submitted 
to arrest before I spoke the word arrest.

Q. Mr. Brown, what was the situation generally in 
the area with reference to other than this group of 
five at the time that they were taken into custody!

A. I noticed that there were other white citizens, 
and I might state this, when we arrived the street was 
fairly clear as far as citizens were concerned, not as 
congested as before, but I did notice that citizens were 
coming in as they did before, and gathering, and so 
before a large crowd had assembled, I did go up to 
this group and speak to them and talk to them about it.

Q. All right, now’, with reference to the assembled 
crowd that you just mentioned, what if anything was 
done with reference to those persons after the group 
was placed under arrest ?

A. Now, Mr. Spencer, I was so busy with this other 
crowd I could not say about that, but I did notice as 
I left with the last load that the crowd was dispersing 
and diminishing, not near as many as at the outset of 
the occurrence.



SUPREME COURT 
Appeal from York County

97

L t . J. B. B bown
Q. All right, sir. Now, Mr. Brown, did yon return to 

the police station from your second visit there to City 
Hall!

A. Yes, I did.
Q. All right, what if anything did you do, then 

proceed to do with reference to this matter?
A. This entailed a lot of work, and of course our 

plans were to fingerprint each individual as a matter 
of procedure. I went hack into—

Q. You say as a matter of procedure. I will ask you 
to state whether or not that is a normal procedure?

A. Yes, sir. We have some 40,000 prints back in the 
Bureau, citizens of Rock Hill and other people.

Q. Were these defendants processed in the usual 
normal manner as any other defendant?

A. Yes, sir, they were.
Q. All right, will you describe to the Court what part 

you had in that processing?
A. As well as I can remember, I sat down at the 

typewriter at approximately 2:15, and I typed the in­
formation on all of the cards that were printed, giving 
the information, birth date, address, parents, and so 
forth, which is normal procedure.

Q. Did you state what time you got through, sir?
A. I would approximate the time in the vicinity of 

ten o’clock that night.
Mr. Spencer: If the Court will allow me just a mo­

ment, I want to get the prints and record of this de­
fendant. I thought I had it in here.

Mr. Perry: May I interpose a general objection on 
the ground of irrelevancy? What would somebody 
else’s fingerprints have to do with the guilt or inno­
cence of this young man?



98
City of Rock Hill v. Henry et al.
______SUPREME COURT

L t . J . B. B rown
3gg Mr. Spencer: Evidently you didn’t examine the 

docket.
Mr. Perry: All right, fine, I will withdraw the ob­

jection.
The Recorder: All right.
By Mr. Spencer:
Q. Mr. Brown, I show you a fingerprint card. Is 

there anything on that card to identify what person’s 
fingerprints are thereon?

A. To me there are two things outstanding. One, his 
name is Leroy Henry, and on the back when I talked

390 to him about the information, he gave me the address 
as Montieello, Florida, and at that particular time I 
asked him if that spelling was the same as Thomas 
Jefferson’s home, and he did not elaborate, and I said, 
“ I will spell it the same,” and so I did. M-o-n-t-i- 
e-e-l-l-o.

Q. In other words, you remember that particular de­
fendant?

A. Yes, I remember that name.
Q. You took those prints, didn’t you?

391 A. No, sir, I  did not. I typed the information.
Q. I just wanted to get the procedure straight. Now, 

I show you a photograph, and ask you, did you take 
the photograph, or were you present?

A. I was present when this photograph was taken, 
after the information was typed on the card, Officer W. 
T. Covick, Jr., operated the mug camera, and took this 
defendant’s picture. I might add too that there is a cor­
responding number, the arrest number on the card and 
the identifying number that he holds up for being

8oj photographed is the same.
Q. What is that number?
A. 139874.



SUPREME COURT 
Appeal from York County

99

L t . J. B. B eown
Q. On the other side of the fingerprints is a photo­

graph of the defendant in this case, is that right?
A. That’s right, yes, sir.
Mr. Spencer: I want to offer these.
Mr. Perry: No objection.
Mr. Spencer: I ask that the fingerprints and the 

photograph be put in evidence at this time.
The Recorder: All right, I will make the photograph 

as City’s Exhibit No. 1, and the fingerprint card as 
State’s Exhibit No. 2. State’s Exhibit No. 1 is the 
photograph, and State’s Exhibit No. 2 is the finger­
print card.

(Thereupon the above-referred to documents w~ere 
marked State’s Exhibits 1 and 2 for identification.)

Mr. Spencer: At this time, if it please the Court, I 
would like to ask leave from the conclusion of the trial 
to withdraw these records and place them back. They 
are part of Police Department records, and if defense 
counsel wish to be furnished with a copy of the same 
thing, we will be glad to make them available.

Mr. Perry: Very good, sir.
Mr. Spencer: I want these back in the records.
The Recorder: All right, sir.
By Mr. Spencer:
Q. Mr. Brown, did you have occasion to go inside 

City Hall on the occasion when you first got down 
there ?

A- No, I did not.
Q. Do you know of your own knowledge whether or 

not the Mayor and the Councilmen were there as­
sembled?

A. No, sir, I do not.
Q. Do you know what the normal and regular meet­

ing time of the Council is ?



100 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J . B. B rown
A. I believe the normal time is on Monday night, 

and during the first part of the month.
Q. You may examine.

Cross Examination
By Mr. Perry:
Q. I ask your indulgence just a moment, sir. Mr. 

Brown, as I understand it, you have been on duty with 
the Police Department for about thirteen years?

A. Yes, sir.
Q. During that period of time, will you state the 

positions which you have held with the Police Depart­
ment of this city?

A. First I was a patrolman; second I was a street 
sergeant; third, I was a detective. Fourth, I was a 
detective sergeant, and fifth, a lieutenant of detectives.

Q. I see. Who are you directly responsible to in your 
position, the Chief of Police of the city or some other 
official ?

A. To the Chief of Police, I would say.
Q. Are you fully responsible to the Chief of Police 

as, say, Captain Hunsucker, who testified just previous 
to you?

A. Yes, sir, I am.
Q. The two of you would be responsible to the same 

authority?
A. Yes, sir.
Q. Is there any area of responsibility to each other?
A. Well, Captain Hunsucker has just received a pro­

motion, now he is assistant chief of police, so I think 
I would be subordinate to that position.

Q. I see. Now, Mr. Brown, may it please the Court, 
I am going to enter now the area of the objected tes­
timony, that is to say, the occasions prior to March



Appeal from York County
SUPREME COURT 101

Lt. J. B. Bbown
15th. That testimony is objected to, and the cross ex­
amination is subject to that objection.

The Recorder: All right.
By Mr. Perry:
Q. Mr. Brown, concerning the atmosphere of the 

community, you have testified that on some dates prior 
to March 15, that these persons who you have not iden­
tified made an effort to be served at lunch counters to 
which they were denied service on account of race. 
Could you testify to that sir!

A. Sir, I  could testify to this, that I saw them make 
entry into the particular stores. I have not heard one 
ask for service. I have never been in that position, but I 
have seen them take their seats in these particular 
stores, Phillips, and G-ood’s, and the two dime stores.

But I have never heard anyone ask for service or be 
refused, because I wasn’t: that close.

Q. I see. Now, sir, aren’t you in some measure aware 
of the type thing which has been going on here in Rock 
Hill with reference to efforts on the part of some 
Negro citizens to obtain service at white lunch coun­
ters!

A. That I am.
Q. You are aware of that, aren’t you?
A. Yes.
Q. And are you not also aware that the occasions 

about which you have testified about you saw these 
Negroes go in and seat themselves, are you not also 
aware that they were attempting to effectuate that 
same purpose?

A. I think that was what was done.
Q. Now, the tension which you have described which 

existed in the community, is there any relationship be-



102 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J. B. B bown
tween the efforts on the part of these Negroes to obtain 
service, and the tension which you have described1?

A. I think there is a direct connection.
Q. You do?
A. Yes, sir.
Q. So that the connection is that some members of 

the population, particularly some white members of the 
population, object to the efforts on the part of these 
Negroes to obtain service at the lunch counters, don’t 
they ?

A. I think that is the crux of the matter.
Q. I see.
Now, sir, to what extent did this tension which you 

have referred to develop in the community, was there 
for instance to your knowledge any design on the part 
of the members of the white community to thwart or 
impede the efforts of the Negroes to obtain service?

A. I could only testify to what I saw. I might add 
that I was there during all the demonstrations, and 
that it was quite a job for the police to keep the peace. 
We had to move this solid stream of humanity, and 
had nowhere to move it, and finally ended up in Mar­
tin Motors one particular day. It was a tremendous 
job.

Q. Do you have knowledge of the efforts on the part 
of any members of the white community aside from the 
demonstrations to come in and thwart or impede these 
efforts on the part of Negroes?

A. Now that is a little hard to answer. I know this, 
from information that I read in the paper, that there 
have been meetings of white citizens councils, I think 
that is generally known, but as far as actually coming 
up and making any contact, verbal contact or other-



SUPREME COURT 
Appeal from York County

103

L t . J . B. B bown
wise, I do not know. In fact, it has never been called 
to my attention.

Q. Very good, sir. Now, then, the gathering of peo­
ple on the sidewalks and in the stores, you have simply 
stated from your own opinion that they gathered as a 
result of the efforts of the Negroes, haven’t you?

A. I think that I can say that the more the, in other 
words, this was the direct cause of so many people 
gathering, and I think I am qualified to state that.

Q. Did you talk with any of these white people?
A. I did do this, I talked to one particular man, for 

his part he played, because I saw him go to some of 
these young boys and talk to them in an effort to hold 
them in check, and I commended that particular citizen 
for that particular thing. And I stated in this fashion, 
“ I think you spread oil on the waters today, and I as 
a member of the Police Department want to thank you 
and commend you for it,” and I know the man’s name.

Q. And you talked with other members of the white 
community on that day with reference to the reason 
for their presence? On the public streets of the city?

A. It was such a general thing, I know in my own 
belief and opinion that that was the cause. I might 
state this, that we had our hands full, I could not go 
from person to person, in other words, we had to keep 
our eyes open, in other words, we were afraid that it 
would blow up. We wanted to keep the peace.

Q. You have not talked with any specific people other 
than the gentleman you commended for—

A. I don’t quite see your point here. I f  I could an­
swer you I would. I don’t quite see—

Q. Do I understand, I don’t mean to mislead you, do 
I understand that you did talk with some white persons



104 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J. B. B rown
on that day with reference to their reason for their 
being there?

A. I asked no persons their reasons for being there.
Q. Then how are you able to determine their reasons 

for being there?
A. As a matter of perception, human perception. I 

am a police officer, and I think that I am qualified to 
state that I can sense trouble.

Q. So you are more or less relying on your ability 
to sense trouble, more so than you are on actual knowl­
edge of any condition that existed in society on that 
day?

A. I could rely on my sense of hearing and sight, my 
five senses.

Q. Well, what did you hear or see?
A. I heard a lot of mumbling in the crowd. I saw 

some things, I saw lipstick on people’s coats, and I 
could cite numerous instances where we had to give 
a lot of latitude to those people, and there were cases, 
especially one particular colored person, and we tried 
to use every manner of discretion that we could muster 
as police officers.

Q. I see. Now, of course, we are dealing with the 
period prior to March 15, aren’t we?

A. That is correct.
Q. I believe that you had one or more efforts that oc­

curred on some one or two days prior to March 15?
A. I believe we had three, on the 23rd and the 24th.
Q. So that the tension which you have described, 

then, you will agree, is related to the efforts on the 
part of these Negroes to obtain service at the lunch 
counters ?

A. 1 think so.



SUPREME COURT 
Appeal from York County

105

L t . J. B. B rown
Q. Now, may I ask you, sir, how do you personally 

feel about the efforts of these Negroes to obtain serv­
ice at lunch counters which are denied to them on ac­
count of race?

A. Well, I might state this, that I am not biased; as 
a polieeman, I do my duty as I see it, regardless of 
color or creed, and in fact, I might add this, the first 
arrest that I made was a white youth for breaking a 
bottle on the curb in front of a colored taxi stand, and 
he was charged with disorderly conduct, and fined in 
this particular court.

Q. Was that during the series of occurrences which 
we are now discussing?

A. Yes, and his name is Johnny Brakefield.
Q. Now, do you personally object to Negroes being 

served at white lunch counters?
Mr. Spencer: If it please the Court, I believe we are 

getting into the area that Your Honor indicated—
Mr. Perry: I believe that the Court permitted us 

especially to do it.
The Recorder: I said I would allow you to question 

him on tendency to bias, prejudice and bias, not to go 
so far as to embarrass the witness.

Mr. P erry: May I say that we don’t have any desire 
to embarrass him, and I sincerely apologize if it has 
that tendency, but what we are dealing with here is 
ability of an officer to put his finger on the tensions 
which he has described.

The Recorder: I don’t even know what the officer’s 
answer is going to be.

Mr. Perry: Neither do I.
Mr. Spencer: Neither do 1.1 would say, Your Honor, 

on this, that I would feel that the witness is entitled to 
his personal views, be those what they may, so long



106 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J. B. B rown
as it does not affect his activities as a police officer. But 
I think it is personal and not a matter properly in­
cluded as a subject in this Court.

The Recorder: I don’t believe I am going to require 
him to answer that particular question.

Mr. P erry: All right. Thank you, sir.
By Mr. Perry:
Q. Now, as a police officer, do you object to Negroes 

being served at white lunch counters'?
A. I do not object.
Q. Be that as it may, I believe that you have stated

422 that a large part of the white population did object to 
the efforts of these people. Coming now to March 15, 
you stated that you went to the area of the City Hall 
and saw and heard the group singing?

A. I did.
Q. You also stated that you saw white people con­

gregating near the place where the Negroes were 
gathering and singing, is that correct?

A. That is correct.
Q. You further stated that you heard the occupants

423 of one automobile, who I don’t believe you identified 
by race, blow his horn. Will you describe the occupant 
of that automobile? If you can?

A. It was a white male. This was some time after 
I had been at this scene, I  would say some 15 minutes. 
The singing became louder, and after I had told the 
leader, I  noticed the horn blowing, and when I—

Q. When did you—I beg your pardon.
A. I remember the occupant of this vehicle, it was a 

truck by the way, and it was a white male, but this 
m was after I had told the leader that they would have to 

disperse and move on. And when I stepped into the 
front of the column, they completely drowned me out,



SUPREME COURT 
Appeal from York County

107

L t . J. B. B rown
I was completely drowned out, at that particular time. 
Then I heard the automobile horn. There were several 
horns, I believe, at that time. I might state this, in 
all fairness to my testimony, that in a din of noise like 
that, there is no one man who could testify as to every­
thing that happened.

Q. I of course greatly appreciate that statement on 
your part, I think you are being very fair to say that. 
Now, did I also understand that in addition to the one 
automobile which you have already testified about, that 
there were several other cars blowing horns?

A. As the singing grew louder I heard some other 
horns; as far as how many, I do not know. But that 
singing was loud, it seemed to be that they were trying 
to overcome that particular noise, and they overcame 
me.

Q. I see. Now, did you check the oecupancy of any 
of the other automobiles in which the horns were blow­
ing?

A. I had my hands full, with those students.
Q. You were in the act of arresting people at that 

moment?
A. All of the time from the first arrest I was busy 

until the last one was take from the street.
Q. Did you hear any horns blow prior to the time 

you began making arrests?
A. I don’t recall any, hearing any.
Q. I realize your hands were full, and you were busy 

with all those students.
A. I don’t recall, and my mind is pretty clear up to 

that point.
Q, I see.
A. But I did speak to this jArthur Hamm, Jr., as I 

have stated before, and then shortly afterwards I heard



108 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J . B. B rown
this horn and looked up momentarily, I can form a 
mental picture of this particular person, hut that is 
the extent of my, as far as I can go with it. I am limited 
in that respect, because I was arresting two and three 
at a time.

Q. How many other officers were there at the scene 
with you?

A. George Maxie, Bill Fade, Sergeant W. D. Thomas 
was in the near vicinity, and at the time of the initial 
arrests I do not recall where he was, but I know that he 
was in among the crowd.

Q. I see, and I believe that you will recall front 
Captain Hunsucker’s testimony that he arrived at some 
point ?

A. I remember him coming into the crowd.
Q. Did anyone else come with Captain Hunsucker?
A. Yes, sir, some more.
Q. Some more with him?
A. Some patrol car drivers, and that’s just about 

what I remember.
Q. At least a patrol car driver came with Captain 

Hunsucker? And perhaps some others?
A. No, I will state it in this fashion. I saw Captain 

Hunsucker and I saw these patrol cars pulling in line 
to take the prisoners around there to the police depart­
ment.

Q. I see.
A. Two officers generally ride in a car, you know.
Q. So can you give us approximately how many of­

ficers eventually came?
A. With the initial number, myself, Thomas, Fade 

and Maxie, that’s four, Captain Hunsucker is five, and 
of course you had a changing number, because the cars



SUPREME COURT 
Appeal from York County

ioy

Lt. J. B. Browst
stopped and loaded and left the scene. We might have 
had other help, I do not know.

Q. Sounds like to me about roughly half a dozen, 
give a little, take a little.

A. I would say that.
Q. Yes.
A. At least that many.
Q. I don’t believe yon have stated whether the only 

thing that was required to place one of the students 
under arrest was to perhaps—

A. All of them that I touched, I could take them by 
the sleeve and that was all that was necessary.

Q. None of them resisted?
A. No.
Q. Now, did any of them threaten you?
A. Absolutely not.
Q, Did they threaten any officer in your presence?
A. Not to my knowledge, no, sir.
Q. So far as you know, did they threaten any of the 

general public?
A. I heard no threats.
Q. So that the truth of the matter is that although 

the officers were hopelessly outnumbered, everything 
was well in hand so far as effecting the arrests?

A. I had no feeling that it was to the contrary.
Q. I see. Now, may I ask you, sir, did you or any of 

your officers go over and place any of the horn blowers 
under arrest?

A. I did not.
Q. Weren’t they kind of sort of disturbing the peace 

a little bit?
A. As I stated before, I had my hands full. 486



110 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J. B. B bown
Q. I understand that. I  certainly understood it. Did 

you direct any officer to go over and place any of them 
under arrest?

A. No, sir, I did not.
Q. You had other officers under your control?
A. We were all busy placing these people under ar­

rest at this time.
Q. But these students were really cooperating in 

being arresting, weren’t they?
A. They were cooperative.
Q. I see. Now, let me ask you this, you have stated 

that the manner in which they sang, in which the sing­
ing occurred, constituted a breach of the public peace, 
in your mind?

A. Yes, sir, I did.
Q. Do you consider the blowing of horns a breach of 

the peace under the circumstances?
rA. If it is sufficient, and if it continues, and if a 

man was ordered to quiet down, and he didn’t, I would 
have placed any man, white or colored, under arrest if 
I had so ordered.

Q. I see.
A. I did not get a chance to do it, in fact.
Q. Your reason for not arresting the horn blowers 

was because your hands were full placing the others 
under arrest, is that it?

A. I would state this, that it didn’t continue long 
enough to warrant our attention, because it quieted 
down.

Q. I believe you said, I  want to be quite fair, I 
thought that having your hands full in the way that 
you did, that you were not able to observe everything 
that happened?

A. No, sir. That would have been an impossibility.



SUPREME COURT 
Appeal from York County

111

L t . J. B. B kown
Q. You also stated previously, I  believe, some in­

definite period in which the horn blowing continued?
A. It did not last long.
Q. How long would you say it lasted?
A. I would say a matter of seconds.
Q. A  matter of seconds.
A. That’s right.
Q. Are you sure about that, sir?
A. That is the statement I make. In other words, as 

far as I remember.
Q. I see. Now, Mr. Brown, the students, I believe 

you have stated, were cooperative with you and the 
other officers; did they interfere with any citizen on 
the street on that date?

A. Not that I know of.
Q. I see. Did anybody have to suffer any harm on 

account of what they did?
A. I cannot state what happened inside the City 

Hall, because I did not enter that particular building, 
but I do know this, that the singing was loud enough to 
have disrupted the work in the City Hall, because I 
don’t believe they could have heard themselves talk.

Q. Of course you do not know, what you are saying 
could not be based on what you know, could it?

A. No. It could not be based on what I know.
Q. Mr. Brown, do you have any general knowledge 

of what had been going on in other parts of our state 
and nation about this same period of time, with refer­
ence to similar efforts on the parts of Negroes?

A. Yes, sir, I think it is general knowledge, with our 
medium of TV and newspapers I think we had coverage 
in every city.



112 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J . B. B rown
44B Q. I see. You are also familiar with the official posi­

tion that the Governor of South Carolina took concern­
ing demonstrations?

A. I am afraid I don’t have enough knowledge of 
that to elaborate.

Q. Very good. I certainly don’t want to go into that 
if you don’t. Did any of theNegroes who were arrested 
by you carry weapons?

A. No. None were found, to my knowledge. If they 
had, of course they would have been charged.

Q. I believe that you have listed several songs which
446 the group sang. You listed the National An them ?

A. That’s right.
Q. And I will ask you just as Captain Hunsucker 

was asked, do you think the National Anthem, that 
there is anything boisterous about the National An­
them?

A. Not by the words themselves or by the song, but 
in the manner in which it is sung, I think that you could 
use the term boisterous or loud.

Q. Let me ask you this, did they glare angrily at any-
447 one as they sang?

A. No, they just stood there and sang.
Q. Did the words that they sang have any special 

meaning to yourself or to anyone else to your knowl­
edge?

A. Not to my knowledge.
Q. Was it just a patriotic song?
A. A  patriotic song sung in a very loud manner, I 

might say.
Q. Of course, patriotic songs being sung in a loud

44g manner, didn’t it take on any special significance to 
you under the circumstances? How does one become 
boisterous singing the Star Spangled Banner?



SUPREME COURT 
Appeal from York County

113

L t . J. B. B rown
A. Well, the words, the word itself, well, I think 

it is synonymous with the word loud, and I would say 
that coming from a multitude; or the word tumult, 
which comes from the word multitude, that from that 
we could see that the multiple voices raised and in­
creasing when told to move, I think that would apply, I 
think that word is all right within the warrant itself.

Q. Those other songs that were listed by you, God 
Bless America and What A  Friend We Have in Jesus, 
America, are all songs that are very familiar to all 
Americans, aren’t they?

A. Yes, sir, I have sung them many times.
Q. There is nothing particularly offensive, nothing 

offensive about any of these songs, is there?
A. Not sung in a normal fashion, I would say. They 

could become offensive.
Q. Was it possible for anyone to receive any mes­

sage of violence or vengeance from the singers of these 
songs?

A. I might state this, because of the loudness of 
these songs, it drew attention from Main Street and 
Black Street down below. I think that that caused the 
crowd to gather, because I believe had no songs been 
sung in such a loud manner that it would not have at­
tracted much attention.

Q. Doesn’t a parade attract crowds?
A. Yes.
Q. Does the local high school football, does the local 

high school put on parades in the City of Rock Hill?
A. Yes, they do.
Q. Do they bring a band along with them?
A. That’s right.
Q. And when they do, do they make quite a bit of 

noise?



114 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J . B. B rown
A. Quite a bit.
Q. That attracts crowds, doesn’t it?
A. Right.
Q. And they, of course, are playing songs that are 

not objectionable to the public, aren’t they? I mean the 
local high school, parades, bands playing?

A. I might say this, I don’t think any parade creates 
the tension or unnatural circumstances or atmosphere.

Q. Doesn’t it cause a large crowd of people to con­
gregate and observe?

A. That’s right, that’s correct.
Q. Isn’t that what was happening here?
A. In part I would state that that was so.
Q. What I am trying to get at, Mr. Brown, it seems 

a little bit odd to me that you have had all of these ar­
rests which we see in the case, of which this one is a 
part, and parcel, so to speak, and all these arrests were 
made on one day, as if by some instruction from some 
source, do you know of any such instructions? In other 
words, Mr. Brown, was it entirely spontaneous on that 
day that you decided that these people had gone too 
far?

A. I thought they had, in my opinion.
Q. Did you confer with, let us say, with Captain 

Hunsucker or any other member of the department 
concerning it?

A. No, I did not. I conferred with the two uniformed 
officers who were at the south end of the column. I told 
them at that time that it seemed that we were going to 
have to move the crowd, and I called them, of course, I 
had already called them to my side, and that is the 
time when I first approached the leader, whom I 
thought was the leader, and gave him instructions 
first, and he admitted that he was the leader, and I told



SUPREME COURT 
Appeal from York County

115

L t . J. B. B rown
him that, in view of the circumstances and the situation, 
that they would have to disperse and move on, or be 
subject to arrest, but I wanted him to tell the rank and 
file of the students what I had told Mm.

Q. I see.
Mr. Brown, do you, you have stated that you have 

some general knowledge of the protests that were being 
conducted here and in other parts of this state and else­
where, based upon your general familiarity with all 
of these things, did you have any idea what the group 
in front of City Hall was singing about! Of course, 
if  you don’t, I have no desire—

A. That is a little indefinite to me.
Q. All right. Did you know of your own knowledge 

the thing that prompted this group to sing!
jA. I did not.
Q. You do not, you have no knowledge at all!
A. It would be an opinion.
Q. You do have some opinion about the feelings of 

the white community, don’t you!
A. I think any man would have that. I think any man 

could answer that in the affirmative.
Q. Of course, you do have such opinions, and you 

also, don’t you have some opinions about the feelings 
of the Negro community!

A. I would say yes to that.
Q. Then in your opinion was the singing in front of 

City Hall any open reflection of the feelings of the 
colored community on the subject of segregation!

A. There has to be a reason.
Mr. Perry: Thank you, sir.
Q. I believe you stated that the white community did 

react in some manner against the methods that Negroes 
adapted to give their public expressions. Did I under-



116 SUPREME COURT 
City of Rock Hill v. Henry et al.

L t . J. B, B rown
stand you to say that there had been some demonstra­
tions from white youths?

A. I might state this, that we had complaints from 
white youths and colored youths, both sides. We have 
them on record.

Q. On those occasions including the date on which 
you congratulated the gentleman for admonishing the 
white boys, on those occasions did you and your of­
ficers warn the white groups and ask them to disperse ?

A. We did not ask the white group to disperse, or 
neither the colored group, but we gave a lot of good ad­
vice to these young boys at the scene. In other words, 
we tried to keep the peace. That is about the best way 
to explain it.

Q. All right.
Mr. Perry: Nothing further.
The Recorder: Anything in reply, Mr. Spencer?
Mr. Spencer: Yes.

Re-direct Examination
By Mr. Spencer:
Q. Mr. Brown, you were asked certain questions 

about your status and position in the department and 
I ask you this, do you know of your own knowledge 
whether the Chief of Police was in town at the time of 
this occurrence? When these arrests were commenced 
on March 15th, sir?

A. On March 15th I would say he was not in town. 
He came after the arrests were made.

Q. Now, I believe you also testified, did you not, 
that Captain Hunsucker was not present at the time 
that you started to making the arrests?

A. He was not.



SUPREME COURT 
Appeal from York County

117

Lx. J. B. B rown
Q. I ask you whether or not you have sought to en- 4g_ 

force the law and preserve the public peace fairly and 
impartially without reference to race, color, or creed!

A. I have.
Mr. Spencer: I have no further questions.
Mr. Perry: Just one further question.

Re-cross Examination
By Mr. Perry:
Q. You say the Chief was not here at the time when 

the arrests were made, in town!
A. Now, at first, I do not know; I saw him on the 466 

street after the arrests were made.
Q. I see. I believe then, according to the manner of 

responsibility in the police department, Captain Hun- 
sucker was in charge officially at the moment the ar­
rests were made?

A. He was in charge, and I was second in command 
at that particular time.

Q. And you of course had arrived at that location 
first? And so had a better grasp of that situation than 
he?

A- I figure I had been there fifteen or twenty min­
utes at least when he came, of course I can’t pinpoint 
the time.

Q. All right, sir.
Mr. Spencer: Come down, Mr. Brown.
(Witness excused.)
The Recorder: We will take a very short recess.
(Short recess.)
The Recorder: On the record. 468



118 SUPREME COURT 
City of Rock Hill v. Henry et al.

V axjghn A ngel
Mr. V a u g h n  A ngel  being first duly sworn, testified 

as follows:
Direct Examination

By Mr. Spencer:
Q. Mr. Angel, are you employed at the Rock Hill 

City Hall?
A. I am.
Q. In what capacity?
A. I am employed in the tax department and the 

water and light department, as assistant to Mr. Neely.
Q. All right, sir, will you, were you present at the 

Rock Hill City Hall some time around one o’clock on 
March 15th, 1960?

A. I was.
Q. What had you done or did you do on that partic­

ular day with reference to going to and returning from 
lunch, as far as time was concerned?

A. I went to lunch at noon, and I returned at ap­
proximately 12:45.

Q. 12:45; all right; did you or not observe any as­
semblage of persons in front of the City Hall at any 
time, either at the time or very shortly after you re­
turned 1

A. I did.
Q. Just when did you make such observation?
A. I would say within one minute after I returned 

to City Hall from lunch.
Q. All right, just what did you see and observe?
A. As I started in and removed my coat, I  saw them 

assembling outside, and shortly thereafter they had 
lined up in front of City Hall facing the building, and 
began singing.

Q. All right; do you know the approximate time the 
singing began?



SUPREME COURT 
Appeal from York County

119

V a u g h n  A ngel
A. About 12:45.
Q. 12:45; now, did you leave City Hall at any time 

from that time until this group was being placed under 
arrest ?

A. No, I did not.
Q. After the singing started, I  will ask you to state 

whether or not it stopped at any time, other than pos­
sibly between different pieces, until time of the arrest? 
Or was it more or less continuous!

A. It was more or less continuous.
Q. All right, now, will you describe to the Court as 

best you can the degree of sound produced by this 
singing with reference to whether it was loud or not, 
and—

A. The singing was loud. I would compare it with 
the group singing at a football pep meeting.

Q. Now, Mr. Angel, what, if any, effect did that have 
upon activities inside the City Hall?

A. Work was completely disrupted.
Q. How long did that status continue?
A. The entire time that I was present, while it was 

going on.
Q. Mr. Angel, can you state whether or not the doors 

or windows were open or closed along the front of 
City Hall?

A. The doors were open.
Q. The doors were open when customers came in, or 

people went in and out; at that time a number were 
returning from lunch. Did that or not have any effect 
upon the noise level inside the building!

A. Yes, it did.
Q. Will you describe what effect it had?



120 SUPREME COURT 
City of Rock Hill v. Henry et al.

V au g h n  A ngel
A. It was just like a loudspeaker system being 

177 turned up or the radio being turned up to full volume, 
just blaring out in your ears.

Q. Did you make any observations with reference 
to what was the situation outside in the street area, 
other than as to these singing?

A. Yes.
Q. Will you describe your observations?
A. Several times I went over to the window and 

looked out, and a crowd had gathered up and down the 
street, and I did notice several times there were some 

478 horns blowing. Traffic was completely at a standstill, 
cars could not pass.

Q. Do you know at approximately what time the 
actual process of arrest was commenced? Roughly, I  
don’t mean down to the minute.

A. I will say about 1 :15, say between 1 :15 and 1 :30.
Q. All right, sir, I  will ask you whether or not you 

were called upon to provide an automobile for the as­
sistance in transporting those persons being arrested?

A. Not at that time.
459 Q. I ask you whether or not you were?

A. Yes, I  was asked.
0. Did you furnish such assistance?
A. I did.
Q. All right, now, as you drove between City Hall 

and the Police Station, I  ask you whether or not the 
singing of those persons who had been placed under 
arrest, did it or did it not continue?

A. One carload was all I drove, but the singing did 
continue. The first trip I made the singing did continue.

480 Q. How about in the others?
A. They were quiet in the other two, I  believe.



SUPREME COURT 
Appeal from York County

121

V a u g h n  A ngel

Q. How many trips, a total of three trips, is that m 
right, did you make?

A. I made three trips in the ear that I furnished.
Q. And then did you return to duty at City Hall?
A. I did.
Q. To resume your regular duties?
A. Yes.
Q. Mr. Angel, at the time of this occurrence, was the 

City Council present or assembled in City Hall?
A. No, they were not.
Q. Do you know whether any members of the Coun- 4w 

cil were present at that time?
A. I did not see any members of the Council present.
Q. All right, now, was the Mayor present at this 

time that you have described, between the time the 
thing started and the time the arrests were made?

A. No, he was not present.
Q. You may examine.

Cross Examination
By Mr. Smith:
Q. Mr. Angel, I believe that is your name, is that 

correct, sir? And I believe that you testified that you 
are employed by the City of Rock Hill?

A. That is correct.
Q. In the capacity of tax collector and in the water 

department? Is that correct?
A. I am employed as assistant to the City Treas­

urer.
Q. Assistant to the City Treasurer, you are em­

ployed by the city, you are paid by the taxpayers of 
Rock Hill, is that correct?

A. I am.

484



122 SUPREME COURT 
City of Rock Hill v. Henry et al.

V axjghn A ngel

Q. I believe yon stated that on or about March 15th 
you went to lunch at noon?

A. That is correct.
Q. What is the normal length of your lunch period?
A. One hour.
Q. One hour? And according to your testimony, you 

returned to work about some fifteen minutes early on 
that day, is that correct?

A. I did.
Q. Upon your return to City Hall, sir, did you im­

mediately go inside the building, or did you wait out­
side?

A. I immediately went inside the building.
Q. You immediately went inside the building. I be­

lieve it has been testified to heretofore here today that 
there is a double door at City Hall, is that correct?

A. There are two front doors together, yes.
Q. And they were both closed?
A. Yes.
Q. Both doors were closed? And as far as you know 

were all windows in City Hall building closed?
A. Yes, at that time of the year.
Q. Now, where is your office located?
A. At 120 Hampton Street.
Q. In what section of City Hall is your office 

located?
A. In the front part.
Q. Front part; now, what is the physical makeup of 

that building, I have never been in there, I  want to get 
it clear in my mind, do you enter a long hallway?

A. No, you do not. You enter into a foyer, a counter 
and, a counter in front and to one side where the cus­
tomers go to be waited on. It is a fairly large room.



SUPREME COURT 
Appeal from York County

123

V au g h n  A ngel

Q. That is your department?
A. That is Water and Light and Tax Department.
Q. Are there other offices in there?
A. There are other offices in the building, yes.
Q. How would you reach those offices from your de­

partment?
A. It depends on which office you wished to go to. 

There are some upstairs.
Q. What other offices are in close proximity to your 

office ?
A. The City Manager’s office, the Clerk and Treas­

urer’s office, those are the only offices other than the 
Building Inspector.

Q. Was the City Manager in the building at the 
time ?

A. Yes, he was.
Q. Were the Clerk and Treasurer in the building at 

the time?
A. Not at the time the demonstration began.
Q. Can you see what is going on in either of these 

offices from your office, sir?
A. Yes, it is possible.
Q. I want to know if you can see, whether or not it 

is possible, can you see and know what is going on in 
any one of those offices while you are in your office, 
sir, that is what I want to know.

Q. From my office, my office is in the large room, and 
if you stand you can see into the other offices.

Q. You can see whether there is activity going on 
or not?

A. Yes, sir.
Q. I believe you also testified that the work was 

completely disrupted in the building?
A. Yes.



124 SUPREME COURT 
City of Rock Hill v. Henry et al.

V a u g h n  A ngel

Q. I would just like to ask you, sir, on what do you 
base this statement that work was completely dis­
rupted? Why in your opinion was there complete dis­
ruption of work in the City Hall?

A. It was not possible to carry on any work.
Q. Now, that is your opinion?
A. Yes.
Q. It was not possible for you to carry out any work, 

but you don’t want us to believe that you are saying 
that other people might not have been able to carry 
out their work, is that correct?

A. I would believe that they would not be able to 
carry out their work for the same reason.

Q. The reason that you stated that you couldn’t?
A. I stated that it was impossible to carry out work.
Q. All right. That, of course, is your opinion as to 

whether anyone else could work, is that correct, sir?
A. Yes.
Q. You said about one minute after you returned 

from lunch you noticed the gathering. From what 
point did you make your observation, sir?

A. From a point possibly twenty or twenty-five feet 
inside of the building, about twenty.

Q. Twenty or twenty-five feet inside?
A. Inside.
Q. Through a window?
A . Through the front doors and the front windows. 

We have large front windows facing the street.
Q. But you were twenty or twenty-five feet behind 

these windows and the front door, is that right?
A. The whole area is open.
Q. And you have a complete view from there of the 

whole front of City Hall?
A. Yes.



SUPREME COURT 
Appeal from York County

125

V a u g h n  A ngel

Q. You say you could hear the singing, and it was 
very loud, is that right!

A. Right, sir.
Q. What songs were these students singing!
A. The National Anthem, God Bless America, and 

what I judged to be an Alma Mater, I believe, and 1 
believe a hymn or two.

Q. You heard an Alma Mater, whose Alma Mater!
A. I don’t know.
Q. Why would you say it was an Alma Mater?
A. I believe I heard the words “ Alma Mater.”
Q. You believe you heard the words Alma Mater? 

Now, you say you noticed horns blowing, is that cor­
rect, sir?

A. Yes.
Q. You could hear those horns very clearly, couldn’t 

you?
A. Yes.
Q. It was not hard to hear those horns above the 

singing, was it?
A. They can, they could be heard along with the 

singing.
Q. Now, if you could hear that horn-blowing very 

clearly, the horn was probably blowing louder than the 
tune was being sung, is that correct, sir?

A. The one horn I heard in particular was right 
beside City Hall.

Q. But you could hear that horn very clearly, even 
with the singing?

A. Yes, I could.
Q. And the noise that horn made was very outstand­

ing to you, is that correct?
A. Yes.



126 SUPREME COURT 
City of Rock Hill v. Henry et al.

V a u g h n  A ngel

Q. And you also testified that traffic was at a stand­
still in front of City Hall at this time, is that correct, 
sir?

A. In a short time after it began.
Q. Traffic was at a standstill, cars couldn’t pass, is 

that correct?
A. Yes.
Q. Would you please tell me what was the cause of 

this traffic jam? Of this traffic being tied up, and not 
being able to move?

A. The demonstration being carried on.
Q. Now, where were the demonstrators, as you call 

them, standing? I refer to the students singing, where 
were they located in front of City Hall?

A. Near the curb.
Q. Next to the curb; were they in the street?
A. Generally, no.
Q. Generally n o ; I am still waiting, sir, were any of 

them in the street?
A. I cannot say that, whether any of them were, I 

cannot say that any of them were in the street.
Q. These students certainly did not cause the traf­

fic not to be able to pass, is that correct?
A. Physically, no.
Q. Physically, no. Then why was traffic not able to 

pass, you say you were watching all of this, and traffic 
was not able to pass; why was it not able to pass? The 
street was clear, you say the students were not in the 
street, who was in the street, or what was in the street?

A. Cars were in the street.
Q. In other words, they stopped of their own accord, 

is that correct?
A. I do not know.
Q. Were they blowing horns?



Appeal from York County
SUPREME COURT 127

V atjghn A ngel

A. There was some horn-blowing.
Q. There was some horn-blowing from cars stopped 

in the middle of the street, did you notice who was 
driving those cars!

A. No, I  didn’t.
Q. Could you tell us whether they were Caucasians 

or Negroes!
A. I could not say.
Q. You don’t know what race or nationality they 

might have been!
A. No, I don’t.
Q. I believe you also testified, sir, that you were 

called upon to furnish some transportation!
A. I was.
Q. To help effect these arrests! In what capacity 

were you called on, are you some assistant to the police 
department! In any way employed or connected with 
the police department! Why would they call upon you 
for transportation to effect an arrest!

A. I am in the position of driving a city-owned au­
tomobile which I use to carry out some of my duties.

Q. Well, now, automobiles purchased by the city, 
are not they designated for specific departments! The 
automobile which you have in your possession, is that 
automobile in any way assigned to the Police Depart­
ment !

A. No, it is used by city office personnel.
Q. It is used for the city office personnel?
And do you know why you were called upon to use 

that automobile to help effect this arrest?
A. Because of the need of automobiles to help.
Q. I believe you also testified that you made a call 

in connection with helping these officers in these ar­
rests, is that correct?



128
City of Rock Hill v. Henry et al.

SUPREME COURT

V au g h n  A n gel

A. I do not understand your question.
Q. I believe you made some type of call to police 

headquarters during the time of this thing, is that 
correct?

A. No.
Q. I believe that you testified that you made a call?
A. No, I did not.
Q. You did not make a call during that time? Did I 

understand you to say that you did not testify that yon 
made a call, you did not make any telephone call at 
all?

A. Not during that time, I didn’t.
Q. Were you requested to call other police cars?
A. No, sir, I was not.
Q. No call at all?
A. No.
Q. Somehow or other I got the impression, Your 

Honor, that he testified that he made a call, maybe I 
am wrong, but the record will show it if I am.

Mr. Spencer: If it please the Court, I think I can 
clarify that. I think the question asked was whether he 
was called upon to furnish a car.

The Recorder: I don’t remember it personally.
Mr. Smith: I got the impression that he made call, 

maybe I am wrong.
By Mr. Smith:
Q. As an employee of the city, Mr. Angel, I would 

like to ask you at this point, quite naturally as a city 
employee you are interested in the city’s welfare, did 
you have any conferences with any city officials or the 
prosecutor before you came in here to testify today?

A. I have had talks with them, yes.
Q. Concerning this case?
A. Yes.



SUPREME COURT 
Appeal from York County

129

V aijghn  A ngel

Q. And you have been in conference with both the 
City Attorney and the city officials as to what your 
position should be here today?

Mr. Spencer: If Your Honor please, when he gets to 
talking about what the position is it may be proper, 
but I certainly object to that question.

By Mr. Smith:
Q. Were you coached as to how to testify here to­

day, sir?
A. No, I was not coached.
Q. But you did have conferences about this case with 5i4 

the city officials, is that correct?
A. Yes, I did.
Q. I believe you testified while these arrests were 

going on, Mr. Angel, you were called upon to transport 
these Negro students to jail, is that correct, sir?

A. Yes.
Q. Were you called upon to help arrest or help 

transport any white citizens who were blocking traf­
fic or blowing horns and so forth? To the jail?

A. No.
Q. Were you called upon to help arrest any white 

citizens out there?
A. No, I was not.
Mr. Smith: I think that is all.
The Recorder: Any re-direct?
Mr. Spencer: Yes, sir.

Re-direct Examination
By Mr. Spencer: Mr. Angel, did you arrest anybody?
A. No, sir, I did not.

(.16



1 3 0 SUPREME COURT 
City of Rock Hill v. Henry et al.

V a u g h n  A ngel 
G eorge E. M axie

Re-cross Examination
Q. I believe that yon helped arrest someone, sir. 

Yon transported them, therefore, you helped arrest 
them ?

A. I transported.
Q. Did yon help arrest them?
The Recorder: All right. Next witness.
(The witness excused.)
Mr. Spencer: Mr. Maxie.

Mr. G eorge E. M axie , being first duly sworn, testi­
fied as follows:

Direct Examination 
By Mr. Spencer:
Q. Your name is George E. Maxie?
A. That is correct.
Q. Mr. Maxie, you are a city police officer?
A. That is correct.
Q. How long have you been a police officer?

B19 A. Next fall it will be eight years.
Q. What type of duty do you perform as a police

officer?
A. Just a regular patrolman.
Q. Do you work in uniform?
A. Yes, sir.
Q. Were you on duty on March 15, 1960?
A. I was.
Q. During the daylight hours?
A. I was.
Q. Were you in the City Hall vicinity at some time 

around one o’clock or so?
A. Yes, sir.

520



SUPREME COURT 
Appeal from York County

131

George E. M axie

Q. Do you know about what time you went there?
A. Somewhere around one o’clock, I don’t know ex­

actly the time.
Q. All right, I will ask you, were you present when 

Officer J. R. Brown had some discussion with a mem­
ber of the group assembled in front of City Hall ?

A. Yes, sir.
Q. All right, will you just state your observations 

in that regard?
A. Well, I ordinarily ride in patrol car No. 3. We 

received a call from the sergeant to come to the City 
Hall, and I parked the patrol car near the corner of 
Hampton and Black Street, and Officer Faile was with 
me, and we got out and went on to the City Hall, and 
when we arrived there, there was a group in front of 
the City Hall, and I saw Lieutenant Brown was also 
there. Shortly after we arrived there, the Lieutenant 
called us, Officer Faile and myself to him, motioned 
for us to come where he was. We went up there and 
he advised us that we would have to, going to have 
to move this group on, and he called, I presume it was 
the leader, it was the fellow that was walking back and 
forth in front of the group, he called him or met him 
just beyond where they were assembled, going from 
Main Street he came on almost to the end of where the 
group was, and he told him that they would just have 
to disperse and move on, if not we would have to ar­
rest, and he told him to advise the group.

Q. What, if anything, happened immediately after 
he told him?

A. He turned and went down the group, stopping 
and saying something to the group. Now, what he was 
saying, I don’t know.



132 SUPREME COURT 
City of Rock Hill v. Henry et al.

G eorge E. M axie

Q. Now, you say he, who do you mean by he!
A. I mean the leader, I presume he was the leader, 

I did not know him by name, but I have seen him in 
the courtroom today.

Q. All right.
A. I don’t know what he said to the group, but when 

he got to the other end from where we were, he just 
turned and started back, singing and leading with his 
hands as if he was leading the group, and Lt. Brown 
and I and Officer Faile walked toward him, and when 
we met this man Lt. Brown asked him if they were not 
going to disperse, or something to that effect, and he 
just seemed to ignore it, and he placed him under ar­
rest, and started to his patrol car with him; and I pre­
sume he went on into it, I did not notice him, there was 
another that stepped out of the group at that time, and 
proceeded to take up where he left off, and I asked him, 
I said, “ Are you not going to move on !” and he just 
ignored me, so I advised him that he was under arrest. 
I taken him on to the patrol car, and the first one he 
arrested was already in the car; and by that time one 
of the other officers, I believe it was Officer Faile, came 
with another one, and that was three, and I advised 
Lt. Brown that I would go and get my car, which was 
not parked too far from there, and I went to the car 
and drove the car up, and by that time they had a load 
for me already arrested and waiting, and from then on 
I just transported prisoners on to the station here.

Q. All right, now, where did you say your car was?
A. I said it was at the corner of Black and Hamp­

ton Streets.
Q. Did you have any particular reason for having 

left it there ?



SUPREME COURT 133
Appeal from York County 

G eorge E . M axie

A. Well, that was the nearest parking place I seen. 
I just parked there, and immediately went on np to 
City Hall.

Q. Do you know about how long you were in the area 
before the process of arrest was commenced?

A. Ten or fifteen minutes, not very long.
Q. All right, you may examine.

Cross Examination
By Mr. Sampson:
Q. I see you have been a police officer for eight 

years ?
A. Almost.
Q. You testified that you were talking to a leader 

when the singing was going on and that he went hack 
into the crowd and the singing was still going on. You 
don’t know of your own personal knowledge whether 
or not Brown indicated to the group of students or any 
of them that they would have to orderly leave or not, 
do you ?

A. I heard him advise his party that they would 
have to move, or something to that effect; that they 
would have to disperse.

Q. But this alleged leader of this group, you don’t 
know whether of your own knowledge, whether or not 
he told them to stay or to leave, do you?

A. I don’t know what he told them.
Q. He could have told them to leave, couldn’t he?
A. He could have.
Q. Did you give any time lapse for them as a mat­

ter to be communicated to the group—one minute, two 
minutes ?

A. I was with Lt. Brown when he made the state­
ment and this so-called, I guess he was the leader, as



134 SUPREME COURT 
City of Rock Hill v. Henry et al.

George E. M axie

he went down the line, there was some three or four 
minutes lapsed there between that time.

Q. I see. Tour answer is not responsive to the ques­
tion. I asked you whether or not, to your own knowl­
edge, whether or not there was any lapse of time for 
this leader to communicate with the signals, whether 
or not they did or not, you don’t know whether or not 
they did, you don’t have any idea about that?

A. No, I don’t.
Q. Tou don’t have any reason—you cannot say to 

this court that this alleged leader or any one of these 
under the circumstances of your own knowledge, 
showed any disrespect to the order of the Lt. Brown, 
can you?

A. No.
Q. Now, is it the custom of young college students, 

under the circumstances, that when police officers say 
“ Move on” , they move on?

A. They usually, when there is a group, and you 
advise them to move, they move on immediately.

Q. You have knowledge of these other demonstra­
tions, which we have exhibited here. Yon don’t have 
any knowledge of that?

A. I was only out there at one time, but I was never 
around up at the dime store, as I know of, at any time.

Q. Were they moving on for you?
A. There was a group one time when I was out 

there, they came down the street and stopped near the 
intersection of Trade and Main Street; we asked them 
to move and they moved on immediately.

Q. Oh, I see. You said you don’t know too much 
about this other demonstration.

A. Well, I just happened not to be on duty at the 
time.



SUPREME COURT 
Appeal from York County

135

George E. M axie

Q. If you came upon all the arrests you made as a MJ 
police officer, approximately how many charges of 
Breach of the Peace have you personally made?

A. I could not say.
Q. Approximately one?
A. A  number of them, but I just couldn’t say.
Q. Five?
A. I couldn’t say how many.
Q. Have you ever arrested any white people for 

Breach of the Peace?
A. Yes.
Q. You have one or two? 688

A. I don’t know how many. More than one or more 
than two.

Q. In a group?
A. Yes, in a group.
Q. None from, no college students?
A. No.
Q. Tell me, Mr. Maxie, isn’t it the truth that this 

matter never has been discussed by the Police Depart­
ment and it was known before hand that those in the 
demonstration would be charged with Breach of the 539 

Peace?
A. No, sir, not to me.
Q. Not to you?
A. No, sir.
Q. As a policeman, does segregation by custom cre­

ate tension in your mind?
A. Well, I don’t know how to answer that.
Q. Answer it any way you want to answer. You un­

derstand the question, and you understand segrega­
tion, don’t you. You know what that means, don’t you, 
sir?

A. Yes.

640



136 SUPREME COURT 
City of Rock Hill v. Henry et al.

G eorge E. M axir

Q. Yon have an interpretation of alleged tension, 
don’t yon!

A. Yes.
Q. Now answer the question, if yon will, please?
A. Repeat the question.
Q. Does segregation create tension in your mind as 

a policeman! What is your judgment as a police 
officer?

A. No, not as a police officer.
Q. As a policeman, you would deal with segregation 

by custom and by law, wouldn’t you, Mr. Maxie ?
A. Well, I have a duty, as a police officer, no.
Q. Are you changing your mind now?
A. No, same as I said before.
Q. You have eight years a police officer; would you 

say that you would understand tensions by reason of
race?

A Well, it might cause me to be disturbed as far 
as that, a group gathering, and such as that, but out­
side of that—

Q. How far did you go in school?
A. Ninth grade.
Q. Ninth grade. How old are you?
A. Forty-three.
Q. From Rock Hill?
A. Been in Rock Hill since ’41. I came to Rock Hill 

the 12th day of February of 1941.
Q. That is all, thank you.
Mr. Spencer: Come down, Mr. Maxie.
(The witness excused.)
Mr. Spencer: That concludes the City’s case. Your 

case.
Mr. Perry: Did I understand you to say that you

rested?



SUPREME COURT 
Appeal from York County

137

Mr. Spencer: Yes, that’s right.
Mr. Perry: All right, sir, very good.
Your Honor, would you indulge in us having a few 

minutes, not a long recess, just two or three minutes, 
please.

The Recorder: Yes, sir.
(Short recess was taken.)
The Recorder: You may proceed.
Mr. Perry: Thank you, sir.
May it please the Court, at this time the defendant 

moves to expunge the testimony of Lt. Hunsueker, Lt. 
Brown, Mr. Maxie, and Mr. Angel. All of whom were 
witnesses for the City of Rock Hill in this matter. The 
reason for this motion is that the testimony of many 
of these witnesses identified the defendant, Leroy 
Henry, as having committed any act which breached 
the peace in the City of Rock Hill. The earlier testi­
mony which is included in the record of today’s pro­
ceedings of Captain Hunsueker that in the group of 
people who were arrested and who were seated here 
in this courtroom on the night of March 15th, the de­
fendant, Leroy Henry, was present and fingerprinted 
and was photographed. There was similar testimony 
on the part of Lt. Brown of the, who is the Chief of 
the Detective Bureau. Other than testimony which was 
to the effect that Leroy Henry was present in this 
room, on the night of March 15th, and was identified 
and made, later made bond, that is no testimony in the 
record which ties him in with anything which occurred 
on that occasion. There is perhaps only to be presumed 
from the mere fact that he was caught in this large 
net of law enforcement activity on that date that he 
was somewhere in the vicinity of the activity about 
which these officers testified. Hence, there has been a 
complete failure on the part of the City of Rock Hill



138 SUPREME COURT 
City of Rock Hill v. Henry et al.

to positively put forth evidence of the involvement of 
this defendant in any act of Breach of the Peace on 
March 15th. Accordingly, we move that the testimony 
of these witnesses be expunged from the record.

The Recorder: Would you like to be heard on that ?
Mr. Spencer: Beg your pardon?
The Recorder: Do you wish to be heard on these 

motions as we go along?
Mr. Perry: There is another one which perhaps 

might, but I thought perhaps the City would want to 
reply to that one first.

Mr. Spencer: I will be glad to respond rather briefly, 
Your Honor.

The Recorder: I will overrule this particular motion 
and I believe you have another one.

Mr. Perry: Very good, sir. At this time, the defend­
ant, Leroy Henry, moves to dismiss the warrant 
against him in this matter on the ground that there 
has been no corpus delicti made out by the testimony 
of the State’s witnesses. The testimony of the wit­
nesses for the City of Rock Hill is to the effect that 
over a long period of time, not a long period of time, 
but over a few weeks period of time, prior to and in­
cluding March 15th, that there had been a series of 
incidents in the City of Rock Hill, during which time 
Negroes sought to obtain service at all white lunch 
counters and that the objection which the white popu­
lation of the City of Rock Hill had to the efforts of 
these Negroes tended to create an atmosphere of ten­
sion. This tension, however, was very, was variously 
described by the various officers who, many of whom 
I don’t think actually, and they were all very intelli­
gent men, but none of them actually were able to actu­
ally define definitely what the tension was. We respect­
fully submit that the testimony which has been elicited



SUPREME COURT 13!)
Appeal from York County

from them on this point perhaps shows other than 
actual tension on the part of the community and in­
clination on the part of some members of the popula­
tion to do violence, which perhaps goes a step further 
than mere tension. That being the case, may it please 
the Court, an act on the part of this defendant, which 
provokes an act of violence on the part of such other 
members of the public, would not necessarily consti­
tute a breach of the peace. We respectfully submit, 
therefore, that the City has failed to prove that a crime 
has been committed; that no corpus delicti has been 
shown. And that, therefore, we are entitled to a dis­
missal of the warrant. Further, may it please the 
Court, the motion for dismissal is based upon the fact 
that the evidence that has been presented in this case, 
now, I have no desire, Your Honor, to be repetitious, 
we are taking the position here that the City has not 
proved a prima facie case; if in fact, it has shown, 
whatever the status of corpus delicti, now much, of 
course, of what it had to say with reference to the fail­
ure of the City to prove a prima facie case, I think per­
haps has already been stated in the form of the motion 
to expunge the testimony of the City’s witnesses and 
hence there would be no real need to put, to repeat that 
argument here. We should, however, take the position 
that it has not been shown that this young man did 
any act which breached the peace on that day. The 
testimony is that a group of persons assembled them­
selves in front of the City Hall and sang various songs 
in what the officers described as a loud and boisterous 
manner. It has not been shown by the testimony of any 
officers who testified the extents to which Leroy Henry 
participated in the singing. It has not been shown, I 
think that I might say here, but I use to sing in a 
group and the recognition of the fact that I didn’t sing



140 SUPREME COURT 
City of Rock Hill v. Henry et al.

too well, I simply stood there on many occasions and 
worked my lips, while admittedly being a part of the 
group. Now, in such a situation as that, if Leroy Henry 
is not shown to have done anything in a loud, boister­
ous and tumultuous manner, we respectfully submit 
that the City has not made out a case against him. I do 
not believe that the City can predicate the guilt of his 
young man and his mere presence in a group. Here we 
are not dealing with guilt by association. The City 
must prove that Leroy Henry definitely did so conduct 
himself so as to violate the peace of this community 
and disturbed its customary calm and tranquility. We, 
therefore, respectfully submit that the warrant against 
Leroy Henry in this matter should be dismissed, and 
that he should be exonerated by this court. May I say, 
by way of further explanation, may it please the Court, 
that if it has been shown that this man, in fact, did 
something which violated the public peace, I beg your 
pardon, I did not mean to make that statement; that 
he did something to violate the public peace, I ask that 
you not consider that particular statement. If this 
young man has participated in whatever the group did 
on that day, that in fact it has not been shown that the 
whole group did anything other than to gather in front 
of the City Hall and to engage in singing, and from 
all of the evidence which has been presented, they 
were not in any manner obseene. The officers’ testi­
mony was that it was the volume of the singing which 
caused them to move in and make the arrests. All of 
them testified that the mere singing of the Star Span­
gled Banner and of America and of the hymns which 
they were singing were not, would not have caused 
them to make the arrests. Under ordinary circum­
stances, that is. It has not been shown that the assem­
blage of persons on this occasion was unlawful in any



SUPREME COURT 141
Appeal from York County

manner, and we respectfully submit that the right to, 
say, assemble with other persons on the public streets 
is a right which is guaranteed to Leroy Henry under 
the 1st Amendment to the United States Constitution 
and under the applicable Constitutional provisions of 
the South Carolina Constitution. This specific right 
being the right of freedom of assemblage. That is the 
only thing that has been shown; that Leroy Henry 
had assembled himself with a group of persons; he 
has a right to do this under the 1st Amendment to the 
United States Constitution. That right was further 
guaranteed to him and protected to him by the 14th 
Amendment to the United States Constitution. Based 
upon all of these observations, may it please the Court, 
we move for a dismissal of the warrant in this case, 
at this time.

The Recorder: Do you have anything, Mr. Spencer!
Mr. Spencer: May it please the Court, it is the posi­

tion of the City that under the South Carolina case of 
Soulis v. Mills Novelty Company, 198 S. C. 355; State 
v. Langston, 195 S. C. 190; and Lyda v. Cooper, 169 
S. C. 451, a Breach of the Peace has been defined under 
the laws of this State in such manner to show that 
it is not necessary that peace be actually broken to 
lay the foundation for a prosecution for this offense, 
and, in other words, it is the position of the City that 
we are not required to show any act of actual open 
violence. It is adequate under the law to show that 
the act which is done tends with sufficient directness 
to lead to such a result. Furthermore, under the case 
of Cantrell v. Connecticut, 60 S. Ct. 900, 310 U. S. 
296, 84 L. Ed. 1352, 128 A. L. R., provided that the 
offense known as Breach of the Peace embraces a 
great variety of conduct destroying or menacing pub­
lic order and tranquility. It includes not only violent



142 SUPREME COURT 
City of Rock Hill v. Henry et al.

acts but acts and words likely to produce violence in 
others. No one would have the hardihood to suggest 
that the principle of freedom of speech sanctions in­
citement to riot or that religious liberty connects the 
privilege to exhort others to physical attack upon those 
belonging to another sect. When clear and present 
danger of riot, disorder, interference with traffic upon 
the public streets or other immediate threat to public 
safety, peace, or order appears, the power to the State 
to prevent or punish is obvious. Under those author­
ities, your Honor, we submit that the City has made 
out a case against this Defendant by full and ample 

666 testimony and the motion should be denied.
Mr. Perry: By way of reply to the argument of the 

City, we respectfully submit that it has not been shown 
that anything Leroy Henry did tended to incite any­
body to commit any act. We ask that your Honor con­
sider all of the testimony which has been presented 
on this point, and we ask that you rule in our favor, 
that none of the testimony which has been presented 
tends to link Leroy Henry to the incitement of any- 
bodjr to do any act of violence. There has been ad- 

'67 mitted, over objection, much testimony concerning 
what took place in the City of Rock Hill. It has not 
been shown that Leroy Henry engaged in any of these 
activities; hence, we respectfully submit that this 
Court should not consider any of those instances inso­
far as Leroy Henry is concerned. It has only been 
shown by inference, we submit, that Leroy Henry en­
gaged in an assemblage of persons and sang the Star 
Spangled Banner. The singing of the Star Spangled 
Banner couldn’t have possibly excited any person in 
the City of Rock Hill to commit violence. If, in fact, 
the singing of the Star Spangled Banner tended to in­
cite anybody in the City of Rock Hill to commit vio-



SUPREME COURT 
Appeal from York County

143

lence, then I respectfully submit that these very fine 
officers which the City of Rock Hill has employed 
should go out and investigate such persons, because 
I don’t believe they do our form of government any 
good, if they would be incited to do violence simply 
because of a group of people singing the Star Spangled 
Banner. I f  that is all that Leroy Henry has done, I re­
spectfully submit that your Honor should dismiss this 
case, because Leroy Henry has not done a thing but 
conduct himself in an orderly manner, and has ren­
dered patriotism to the Government in which he lives; 
and has given public expression to that patriotism; 
such acts on the part of Leroy Henry could not pos­
sibly incite anybody else to do violence. We submit, 
respectfully, that the warrant should be dismissed.

The Recorder: Is there any further argument on 
this?

Mr. Spencer: Nothing further.
The Recorder: I  will have to overrule the motion. 

I don’t think I need to go into my reasons at this time.
Are there any further motions?
Mr. Perry: I believe that’s the last motion. Now, 

would your Honor permit us to confer among our­
selves for a moment? As to the continuance of these 
proceedings?

The Recorder: Yes, sir.
(Short recess taken.)
The Recorder: Let the Court come to order.
Mr. Perry: At this time, may it please the Court, 

the defendant calls the Reverend C. A. Ivory, and I 
wonder if it would be possible for him to come up 
to this point right before the Court to be sworn in, 
Reverend Ivory is in a wheelchair.

The Recorder: Anything that is convenient for the 
Reverend, I think will be all right.



144 SUPREME COURT 
City of Rock Hill y. Henry et al.

R ey . C. A. I vory

Reverend C. A- I vory was duly sworn and testified 
as follows:

Direct Examination
By Mr. Perry:
Q. What is your full name please, sir?
A. Cecil Augustus Ivory.
Q. What is your profession?
A. I am a minister.
Q. Are you the minister of a local church in the 

City of Rock Hill ?
A. I am, sir.
Q. What is that church!
A. The Herman Presbyterian Church.
Q. How long have you been pastor of the Herman 

Presbyterian Church?
A. Approximately twelve years.
Q. How old are you, Reverend Ivory?
A. Thirty-nine on Monday.
Q. Reverend Ivory, do you know the defendant, Le­

roy Henry, in this matter?
A. By association only.
Q. What is that association, may I ask?
A. As a student of Friendship College and my in­

terest in young people.
Q. I see. Reverend Ivory, the testimony of the City 

of Rock Hill here today has surrounded two situations. 
The event of March 15th, at which time Leroy Henry 
and others were placed under arrest, and the testimony 
has also touched upon some events which occurred 
prior to March 15th. Are you familiar with the occur­
rence in front of the City Hall on March 15th?

A. Yes, sir, I am.
Q. Will you tell us, were you present at the scene of 

the singing which has been testified to?



SUPREME COURT 
Appeal from York County

145

R ev . C. A. I vory

A. Yes, I Avas.
Q. H oav close  w ere  y o u  to this assem blage o f  p e r ­

son s?
A. Approximately two car lengths away.
Q. Were you out on the street, or were you in an au­

tomobile?
A. I was in an automobile.
Q. Was there anyone else in  this ca r Avith y o u ?
A. No, there wasn’t.
Q. I see. Did you hear the singing which was testi­

fied to by the officers ?
A. I did.
Q. What is your recollection of the tunes that were 

sung by the group ?
A. My recollection of the singing by the group Avas 

that it sung in a very moderate tone; I  may be more 
specific in saying that the distance that I was away 
from the singing at the time when I had the window up 
in my car, that I couldn’t hear the singing.

Q. Was this when they first started singing?
A. Shortly after, I believe, according to what I have 

heard here. If the singing began at that time; it was 
close to one when I appeared on the scene. I was driv­
ing through that vicinity and saw a group of children. 
I parked my car to ascertain what they were doing.

Q. I see. Did you ever get an opportunity to ascer­
tain what they were doing?

A. Yes, I did, by rolling my car Avindow down and 
by cutting my radio down, which I had on at the time, 
and I was at, I don’t remember whether it was the first 
or second parking meter, and I noticed that it was on 
violation, and I honked my horn one time to ask one 
of the young men if he would put some money in the 
parking meter for me.



146 SUPREME COURT 
City of Rock Hill v. Henry et al.

R ev . C. A. I vory

0. I see. Were yon able to attract the attention of581 ^ J
anyone by tapping on yonr horn!

A. At the first tapping, light tapping on my horn, 
one of the yonng men came to the car to see what I 
wanted as I beckoned him.

Q. I see. Now, was this during the time the group 
was singing!

A. During the time that the group was singing.
Q. And so the young man could hear you as you 

blew your horn for him to come over!
A. That is correct.

a- Q. Did you have to press on your horn for any 
length of time!

A. No, sir, I didn’t.
Q. Were there many persons present on the streets, 

whether they were young people who were singing, 
that is, other than those young people who were 
singing!

A. At this particular time, there was not.
Q. I believe that you have stated previously that you 

reached there when they had first started!
683 A. Along about the time. According to the time it 

has been ascertained here this afternoon. It must have 
been shortly after when I arrived.

Q. I see. Did you continue observing the singing!
A. For some ten or fifteen minutes, I believe.
Q. And were there officers present when you first 

arrived!
A. They were.
Q. What were the officers doing when you first ar­

rived !
A. Well, when I first arrived, I  saw one of the offi-

Ui cers put his hand on one of the young men and push 
him off of the sidewalk.



SUPREME COURT 
Appeal from York County

147

R ev . C. A. I vory

Q. I see. What else did you observe as the singing 
continued?

A . That is about all that I could observe.
Q. I  see, and you  say  y ou  stayed  there about ten or 

fifteen m inutes ?
A. About ten or fifteen minutes.
Q. Were you observing and were you still at this 

location when the students were placed under arrest?
A. I don’t remember; I have no recollection or 

knowledge of when they were being arrested while I 
was there; I was not aware of any arrests being made.

Q. I see. Did you drive your car on away from there 
while the group was still singing?

A. I did.
Q. So that you had gone on away at the time the 

people were arrested?
A. I should  im agine so. Y oxt see, I w as in  fro n t  o f  

the grou p , that is, the g rou p  w as in  the rear, and o f  
cou rse , I  cou ldn ’t observe  other a ctiv ities, other than 
I  w as m ere ly  listening.

Q. Yes. While you were sitting there, Reverend 
Ivory, did you hear any horns blowing?

A. No, at the time, I say, I did not hear any horns 
blowing.

Q. And did any groups of white persons assemble 
in the immediate vicinity while you were still there?

A. Perhaps one or two.
Q. I see. And generally, how would you dsecribe the 

manner in which these students were singing?
A. The manner—
Q. I  m ean w ith  re feren ce  to  w hether or  not they 

w ere s in g in g  in  a lou d  volu m e or a low- volu m e?
A. I would say definitely a low volume.



148 SUPREME COURT 
City of Rock Hill v. Henry et al.

Rev. C. A. I vory
Q. Hid the manner in which the singing was being 

conducted disturb you?
A. No, it didn’t.
Q. While you were present, did it, strike that, please. 

While you were present, did other persons seem to re­
act to the singing?

A. The reaction that I saw seemed to have been one 
of enjoyment.

Q. Now, Reverend, the City has produced testimony 
concerning a state of tension in the City of Rock Hill, 
and it has. been testified to by one or more officers that 
the tension which they described to exist in the white 
communities seem to stem directly from the previous 
efforts on the part of some Negroes to obtain service 
at lunch counters and various private business estab­
lishments, from which they are barred. Ho you have 
the occasion to move about in the City of Rock Hill 
sufficiently well to know anything about the feelings 
and anxieties of the community?

A. I think so.
Q. Ho you agree that there is objection in the white 

community as—
Mr. Spencer: If the Board please, I believe Counsel 

has loss sight of the fact that he is now supposed to be 
on direct rather than cross examination, and he is 
asking the witness does he agree with this and that; 
now, I am sure that he recognizes that that is highly 
leading, and I now believe it is time to now call it to 
the attention of the Court.

The Recorder: Please do not lead the witness.
By Mr. Perry:
Q. Reverend Ivory, state whether or not there is 

objection on the part of white persons in the Rock Hill 
community to the efforts of the Negroes to obtain serv-



SUPREME COURT 
Appeal from York County

149

R ev. C. A. I vory

ice at lunch counters and private business establish­
ments ?

A. Definitely, and specifically so.
Q. Have you any; strike the question; I do not in­

tend to lead. I  Will rephrase it. State whether or not 
you have any knowledge concerning the official position 
of the Mayor of the City of Rock Hill with reference 
to the activities of some Negroes to obtain service at 
lunch counters?

A. Do I have any knowledge of what now?
Q. Of the official position, the official attitude of the 

Mayor of the City of Rock Hill?
A. I believe not; hot openly, certainly not.
Q. Do you; you have never had the occasion to be 

Informed about the official position of the Mayor of 
the City of Rock Hill?

A. No.
Q. State whether or not you know anything about 

the official attitude of the Governor of South Carolina 
With reference to such activities?

A. Definitely, from reading, and from looking at 
television, yes.

Q. Whether or not, at that time, in point of the hap­
penings of these various events, did you learn of the 
Governor’s official attitude concerning efforts of ne­
groes to obtain service at lunch counters ?

A. Well, the most specific declaration according to 
the- press reports was that the time that they proposed 
pilgrimage I believe, from the State Capital in Colum­
bia, South Carolina, was my most Vivid recollection of 
the Governor’s attitude regarding these demonstra­
tions.



150 SUPREME COURT
City of Rock Hill v. Henry et al.

R ev . C. A. I vory

Q. Was there any wide distribution of the official at­
titude of the Governor of South Carolina? By that, I 
mean, was it pretty generally spread around?

A. Certainly so.
Q. State whether or not the official attitude of the 

Governor was made known in the community of Rock 
Hill?

A. Definitely.
Q. Reverend Ivory, on March 15th, at the time 

which you heard singing, state whether or not you 
have any knowledge as to why they were assembled 
and singing in front of the City Hall.

A. Well, as I stated previously, I  was, I haven’t 
stated this previously, but one time, I was engaged in 
athletics, as a coach, and was athletic director, and I 
was always interested in youth. We have a youth pro­
gram at my church, and of course, we have a number 
of youth attending, members and non-members alike, 
and these demonstrations, I would describe as a 
searching or longing for justice and equality in all 
places and a desire to be granted the rights that are 
ours under the Constitution of the United States. I 
detected as a demonstration or desire to be free.

Q. Now, will you state, sir, in what manner did the 
persons engaging in this singing assemblage reflect the 
general dissatisfaction of Negroes with the present 
status of the laws and customs regarding to the prac­
tice of racial segregation and in what manner was the 
dissatisfaction of Negroes related to this?

A. Well, I believe, and of course, this is my belief, 
that it was a desire on their part to express to the City 
officials that of their dissatisfaction, and in this man­
ner, show their dissatisfaction over the conditions. I



SUPREME COURT 
Appeal from York County

151

R ev . C. A. I vory

believe that the singing was an expression of dissatis­
faction of the conditions that exist.

Q. Reverend Ivory, you state whether or not you are 
sufficiently well, informed of the desires and aspira­
tions of people, of young people, who engaged in the 
singing, to so testify?

A. I think so. They have sought my advice on sev­
eral occasions.

Q. And are you also, by reason of your racial identi­
fication, in a position to state what their aspirations 
are?

A. I believe so.
Q. You may examine the witness.

Cross Examination
By Mr. Spencer:
Q. Reverend Ivory, I believe you stated that you 

consider yourself to be fully familiar with the aspira­
tions and desires of the student group, is that correct?

A. I believe so.
Q. And you have had, had you not, been following 

their activities and plans rather closely, in these recent 
times ?

A. No, I have not.
Q. If you haven’t been following them closely, by 

what means do you keep yourself informed and aware 
of their aspirations? And their desires?

A. Generally speaking, youth in general, if you will 
refer to this specific group, is the reason I gave the 
answer.

Q. You mean you have had no particular contact 
with this specific group?

A. I did not say that.
Q. Well, what contact had you had with them?



152 SUPREME COURT 
City of Rock Hill v. Henry et al.

R ev . C. A. I vory

A. Well, as a citizen in a commnnity, and a minister 
in the commnnity.

Q. Well, I believe I understood yon to say on direct 
examination that they called upon yon for counsel and 
adviee ?

A. From time to time, they seek some advice from 
me.

Q. I see, and have they sought your counsel and ad­
vice in connection with the matter of these demonstra­
tions which have been in progress?

A. I f you reveal a more specific point, perhaps I 
can answer that.

Q. I refer to the demonstrations about which there 
has been considerable testimony all during the day. 
You have been here, have you not?

A. That is right.
Q’. Well, those are the demonstrations I speak of.
A. Well, they have been generalized. I would rather 

you be1 more specific as to what aspects.
The Recorder: What was the question?
Mr. Spencer: I asked him if  he had been called upon 

for counsel and advi'ee by these students in reference 
to these demonstrations that have been described in 
the record in this case.

Mr. Perry: Object to that question. I  think that 
counsel keeps forgetting that Henry is on trial. He 
can ask this witness whether or not he had advised 
Leroy Henry, but I think that the question as to 
whether or not he has counselled with anybody else, 
would be irrelevant.

Mr. Spencer: If it please the Court, I am simply ex­
ploring a field that was opened up On direct examina­
tion and the witness’ own testimony said he had been 
called upon to counsel' and advise:



SUPREME COURT 
Appeal from York County

153

R ev . C. A. I vory

The Witness: I did not use the word “ counsel” , if 
you will pardon me.

By Mr. Spencer:
Q. All right, maybe it was advise, but I believe the 

question is entirely proper and responsive to the direct 
examination.

The Recorder: Advise to this group, is that the 
question ?

Mr. Spencer: That’s the question, yes, sir.
The Recorder: Well, now, you were asking him 

about, in general, what he knew about the background, 
isn’t that true?

Mr. Perry: Yes, sir.
The Recorder: Because of his dealings with the 

youth in the community, and you are asking him now 
about some specific group, this specific group that was 
singing in front of the City Hall.

Mr. Spencer: That is correct, Your Honor. I just 
asked him has he had occasion to counsel or advise with 
them; he either has or hasn’t, and I think it is a proper 
question.

The Recorder : I  think, Reverend Ivory, I think it 
would be a proper question as to whether or not you 
have advised this group as a! group.

The Witness: Your Honor, the only thing is I don’t 
know whether he means relative to the demonstration 
in front of the City Hall or whether he means in gen­
eral terms pertaining to the overall demonstrations 
which may exist here in the city.

The Recorder: Do you feel you can make the ques­
tion more specific I

By Mr. Spencer :
Q. I will ask him: first whether or not you have coun- 

eeifed in general!!



154 SUPREME COURT 
City of Rock Hill v. Henry et al.

R ev . C. A. I vory 
gw A. Yes, I have in general.

Q. All right, now, have you had occasion to counsel 
and advise with them in specific reference to any of 
the demonstrations occurring at any time between the 
dates of February 12, 1960, and March 15, 1960?

A. You mean have I talked with them, or, have I 
actually talked with them or have I given them any 
answers to any questions they have proposed?

Q. That’s correct, yes.
A . Yes, I have talked with them.
Q. Well, now, Reverend, you, I believe, have made 

814 public statements to the effect that you support tins 
movement, do you not?

A. Well, I don’t think that I probably said “ sup­
port” . I said I was “ in favor o f” ; I am in favor of the 
movement.

Q. All right, you are in favor of the movement?
A. That is correct.
Q. When any discussion that you have had with 

these particular students that are involved in this 
March 15th demonstration or any other demonstra- 

6i5 tions I ask you whether or not they have been designed 
to deter these students from such demonstrations or 
to encourage them to participate in them?

A. Neither. Neither to encourage or to deter.
Q. What was the nature of your advice?
A. The nature of my advice was based upon specific 

questions as to how they should conduct themselves in 
these demonstrations.

Q. And what advice did you give in that regard?
A. My advice was that “whatever you do, always 

do it in a Christian manner, and remember that you 
must be respectful and that you must give an account 
to God for all actions that you take part in.” My final



Appeal from York County

R ev . C. A. I vory

request was that anything that they would do that they 
would seek the wisdom and they would seek the advice 
of the Divine before undertaking any events.

Q. Now dealing in reference particularly to the 
events on March 15th, you, I believe, stated that you 
came to the vicinity of the City Hall and the singing 
was already in progress, is that correct!

A. That is correct. I believe that is correct.
Q. How did you happen to come, was it by chance, 

or were you aware of what was in progress!
A. I am often in the City, Mr. Spencer, and I don’t 

know whether we would consider that by chance or not. 
I don’t—

Q. I asked you did you have advance knowledge 
about this, that these students intended to sing in front 
of City Hall?

A. I refuse to answer that question. I take the fifth 
Amendment on it.

Mr. Perry: Your Honor, would it be at all possible; 
I realize the witness is on examination and cannot re­
ceive counsel during court, but if at all possible, I 
would respectfully submit an opportunity to confer 
with this witness.

Mr. Spencer: If it please the Court, I certainly do 
not wish to take any unreasonable position, but I don’t 
believe that to withdraw a witness to confer with coun­
sel during cross examination is appropriate and I do 
not feel like I would consent to that.

The Recorder: Well, it would be most unusual. I 
don’t believe it would be proper.

Mr. Spencer: May it please the Court, as we now 
stand, the witness has refused to answer the question 
and I will leave the record in that status, and move on 
to another matter.

_______________SUPREME COURT 155



156 SUPREME COURT 
City of Rock Hill y. Henry et al.

R ev . C. A. I vory

By Mr. Spencer:
Q. Reverend Ivory, I  will ask yon whether or not 

you made any statement on the day of the occurrence 
with reference to your feelings about it to any member 
of the press?

A. I might have.
Q. You might have?
A. Yes.
Q. Did you have occasion to read the published re­

port contained in the Evening Herald of Wednesday 
afternoon of March 16th?

A. I believe so.
Q. And did you observe the statement contained 

therein which you said that you made?
A. Do you mind reading it?
Q. I will be glad to.
“ Bond was posted by Reverend C. A. Ivory, Pastor 

of a Negro Church in Rock Hill, and local leader for 
the National Association for the Advancement of 
Colored People; he told a newsman shortly after the 
arrests yesterday, told them, “ This was anticipated, 
expected, and hoped for. The machinery was already 
set up for the situation.”

Did you make that statement?
A. Part of the statement, I believe I did make. That 

is a personal opinion. It does not involve the group. 
That was my personal opinion.

Q. But you did not deny making this statement, just 
a part of it?

A. A  portion of the statement.
Q. What portion do you deny?
A. The part about the machinery being set up for 

such actions. And then maybe I can explain that, too.
Q. All right, sir, go ahead.



SUPREME COURT 157
Appeal from York County 

R ev . C. A. I vory

A. By ‘ ‘machinery” in such actions; in these series 
of events, I certainly think that someone has realized 
that there would be some arrests and therein would be 
your interpretation of the statement that perhaps was 
made at that particular time.

Q. In other words, what you are saying is that by 
the statement that the machinery was already set up 
for this situation, that you mean that the machinery 
to do something about the arrests, is that correct!

A. Perhaps in a vague sense, if there were arrests, 
that someone would come to the rescue of those that 
would be arrested. Not, specifically, in this; but you 
know, in a general consensus of opinion that certainly 
someone would have to come to the rescue of students 
in these demonstrations, if they were arrested.

Q. Now, will you tell me what was meant by the first 
part of your statement, that you did not deny stating, 
when you said “ this was anticipated and expected and 
hoped for” ?

A. Still speaking of the arrests, anticipating arrest­
ing in view of the statements that have been made re­
garding these demonstrations.

Q. Would I be correct in saying that it was your 
hope that arrests would occur!

A. Now perhaps that could be taken in that sense.
Q. Can you suggest any other sense in which it could 

be taken?
A. Well, yes, I could.
Q. Well, tell me what it is?
A, Well, I could say that in view of the fact that 

perhaps that at some time or another, maybe you 
would say that you would like to see the interpretation 
that the Court would base upon such actions. And in



1 5 8 SUPREME COURT 
City of Rock Hill v. Henry et al.

R ev . C. A. I vory

that light perhaps you would hope for an arrest just 
to see the legality of it.

Q. All right then, what you are saying, in effect, is 
that an arrest was sought for the purpose of setting 
up a test case, is that right?

A. No, I didn’t say that.
Q. All right, what did you say?
A. I did not say that about what the students were 

doing.
Q. You said you were hoping some students would 

be arrested?
A. No, I didn’t say that. I said that at some times 

we do hope, but that was my personal opinion.
Q. I am still trying to find out what you meant when 

you made the statement in the newspaper?
A. Well, I just explained it.
Q. I am afraid I haven’t followed you.
A. Well, about the statement there, and the explana­

tion that I gave was that sometimes you personally 
want to see what will come out of this.

Q. I believe that you did arrange to post the bonds 
for these students, did you not?

A. I believe so.
Q. Can you recall from time to time during the proc­

essing, making an effort to find out how much would 
be needed for bond, so that you could post it, did you 
not?

A. Well, yes, that is correct.
Q. In other words, you were the person that assumed 

that responsibility in dealing -with the police depart­
ment in making arrangements for the posting of the 
bonds, is that correct?



SUPREME COURT 159
Appeal from York County 

R ev . C. A. I voey

A. Not the whole responsibility, still as an interested 
citizen and as a minister in the community, that num­
ber of persons being arrested caused me great concern.

Q. Even though you had possibly had some hope 
that some such thing would come out of that!

A. Yes.
Q. Now, Reverend Ivory, you just happened, didn’t 

you say, that you just happened to drive your car up 
to this particular place at that particular time and did 
not know that there was a demonstration about to take 
place, or was already in progress!

A. I don’t believe I said that.
Q. Well, let me ask you then, did you know that the 

demonstration was to occur at City Hall on the 15th!
A. Well, that was the point that I think I took—-
Q. Was that the question that you refused to an­

swer!
A. That was the one, but if you will allow me to con­

sult with these young people’s counsel, perhaps I can 
clear that up a little bit.

Q. I am not about to consent to have counsel instruct 
you how to answer. I think you will have to answer on 
your own ability and I believe you can do that all right.

A. All right.
Q. Now, what time did you arrive at the area around 

the City Hall!
A. According to the time that has been ascertained 

here, it must have been near one o’clock, or shortly 
thereafter.

Q. Was there singing in progress at the time that 
you arrived!

A. I believe so, yes.



160 SUPREME COURT 
City of Rock Hill v. Henry et al.

R ev . C. A. I voby

Q. And yon say that sitting in your car with the 
glass up, that you were not able to hear the singing, is 
that right?

A. That’s right.
Q. You also said you had the radio on, did you not?
A. That is correct.
Q. And that after you turned off the radio and 

rolled your glass down, you could hear it all right?
A. That is right, I could hear the singing.
Q. Now, how long did you remain in the area, Rev­

erend Ivory?
A. Approximately ten or fifteen minutes. I am not 

definite on the time.
Q. Did you have any particular purpose in leaving 

before the demonstration, or while the demonstration 
was still in progress?

A. No particular purpose.
Q. Reverend Ivory, when you left the area, where 

did you go?
A. Well, I don’t recall. I just drove around the block 

or maybe I went down to the library, I don’t recall at 
the moment just where I went. I do know that I was 
up town; I came back up town. Wherever I went, I was 
up town for several minutes after that.

Q. Reverend, when did you first set in motion ar­
rangements for bond for these students?

A. Well, let’s see, after someone had informed me 
that they were arrested, I believe I came up to the 
City Hall.

Q. And that was about when?
A. I really don’t recollect the time.
Q. Don’t recollect. Do you recall any occurrences at 

Friendship College that you learned of with reference 
to any sort of bomb scare out there?



SUPREME COURT 
Appeal from York County

161

R ev . C. A. I voey

A. By reading it in the papers.
Q. You mean you didn’t learn of it any other way. 

You didn’t have any communication with anybody out 
there ?

A. Not on that.
Q. But you did know from general information in 

the community that such a thing occurred?
A. It was in the paper.
Q. I show you a letter and ask you to examine it. The 

letter which I show you is signed by James H. Goud- 
lock, President, Friendship Junior College, is that 
correct?

A. I believe that is correct, yes.
Q. And it is dated February 15, 1960?
A. That’s right.
Q. Directed to Chief W. S. Rhodes, Rock Hill Police 

Department, right?
A. Yes.
Q. And you have read the content of the letter, did 

you not?
A. Yes, I have.
Q. And it is a letter which expresses that Friendship 

is grateful to the Police Department?
Mr. Perry: Your Honor, I object to the content of 

that letter on the grounds of irrelevancy.
The Recorder: I don’t know whether it is relevant 

or not, I haven’t seen it. Let me see it.
What is the reference to it?
Mr. Spencer: I simply wanted to ask the witness 

whether or not his views were in conflict with that or 
in agreement with those of President Goudlock; if he 
is familiar with the subject, he may be or he isn’t, I 
don’t know.



162 SUPREME COURT 
City of Rock Hill v. Henry et al.

R ev . C. A. I vory

m The Witness: I don’t follow the line of questioning. 
You have not asked me—

Mr. Spencer: You have read the letter—
Mr. Perry: Wait until the Judge has ruled.
The Recorder: Mr. Spencer, you have some way of 

connecting that up!
Mr. Spencer: My idea is to show various parts of 

some background situation, and has to do with the 
question of fair and equal and impartial enforcement 
of law, and I submit that certainly there is basis in 

m the record in which there is some effort to question 
that, and I think there is probably relevancy on that 
basis.

The Recorder: You are thinking of questions where 
the attorneys asked if white citizens were at City Hall 
when they were singing; is that the question?

Mr. Spencer: This line of questioning is designed to 
show if law, to show that law is to be enforced equally 
and impartially.

Mr. Sampson: We have continued to object for the 
m reasons that Mr. Perry stated, that it is completely 

irrelevant. Of course, it is cross examination, and he 
is, of course, allowed a lot of latitude. They have had 
plenty of opportunity and occasion to present it if they 
wanted to ; there is no—I might say at this point that 
the State has been putting up evidence as I recall it, 
they have put up city officials or someone employed by 
the City, and certainly it would be trying to get in in­
directly something that they had a chance to do di­
rectly; but the cross examination has been, as I un­
derstand the rules, concerned with something that does

848 . .not go to credibility.



SUPREME COURT 163
Appeal from York County 

R ev . C. A. I vory

Mr. Spencer: If it please the Court, I don’t want to 
take any time on that unless it is considered signifi­
cant ; I ’ll he glad to withdraw it and take another route.

By Mr. Spencer:
Q. Reverend Ivory, returning to the City Hall area 

on March 15th, I believe you testified that your car 
was parked two lengths away from, in front of City 
Hall, is that correct?

A. Approximately.
Q. All right, were there any cars between you and 

the City Hall at that time?
A. I don’t recall any cars being between me and City 

Hall.
Q. And I believe that you have said that, if I  quote 

you correctly, that at the first tap on the horn, one of 
the young men in the group came to see what you 
wanted, is that right?

A. And after my beckoning him, he did. He did come 
to place some money in the parking meter at my re­
quest.

Q. That was one of the students that was in front 
of City Hall, is that right ?

A. That’s right.
Q. And he knew when the horn tapped that that was 

an indication that you were seeking to attract his at­
tention, I presume, is that right?

A. No, you are presuming wrong. I beckoned him 
after the horn to get his attention.

Q. I see. So that at that time, you were in direct con­
tact with at least one member of the group that came 
down to the City Hall?

A. From that angle, yes.
Q. Your ear was headed in which direction?
A. Let’s see, it was headed in this direction.



164 SUPREME COURT 
City of Rock Hill v. Henry et al.

R ev . C. A. I vory

Q. That is away from Main Street?
A. That’s right.
Q. I have no farther questions.
The Recorder: Anything in reply ?
Mr. Perry: Yes, sir.

Re-direct Examination
By Mr. Perry:
Q. Reverend Ivory, a moment ago, Mr. Spencer 

asked you to, asked you on cross examination concern­
ing the extent of your knowledge as to the activities of 
the student groups and you made a reply in which you 
invoked the Fifth Amendment of the United States 
Constitution. Are you aware that citizens have the 
right to advise with and counsel with other citizens 
concerning the possession and exercising of their 
rights? Are you aware of that?

Mr. Spencer: Counsel is seeking now to give legal 
advice to his client now on the witness stand by making 
a statement and asking if he is aware of it. I submit 
that it is leading, and objectionable and is trying to 
do by indirection what the Court has already indicated 
they could not do by direction.

The Recorder: I think the question was leading as 
asked.

By Mr. Perry:
Q. Your Honor, could I ask, Reverend Ivory, state 

whether or not during the times that you have men­
tioned having counselled any of the young people, 
whether you did any act in violation of the laws of the 
State of South Carolina?

A. Not to my knowledge.



SUPREME COURT 
Appeal from York County

165

R ev . C. A. I vory 
M rs. E ffie  W illiam s

Q. All right, sir. You do not consider that you have 
broken any law of the State of South Carolina; do 
you consider that—

Mr. Spencer: May it please the Court, he is testify­
ing again and asking the witness to answer.

By Mr. Perry:
Q. State whether or not you feel that you have com­

mitted any wrong.
A. I don’t think so.
Mr. Perry: Your Honor, may I approach the bench!
The Recorder: Certainly.
Mr. Perry: Mr. Spencer, would you like to accom­

pany me! We have no further questions.
The Recorder: The witness is excused.
(Witness excused.)
Mr. Sampson: We would like to call Mrs. Effie W il­

liams, if it please the Court.

Mrs. E ffie  W illiam s  was duly sworn and testified as 
follows:

Direct Examination
By Mr. Smpson:
Q. Mrs. Williams, would you mind stating your full 

name again, so that we will be sure that the record 
has it.

A. Mrs. Effie H. Williams.
Q. Mrs. Effie H. Williams!
A. Right.
Q. You are a citizen of Rock Hill!
A. I am, yes.
Q. Would you mind telling us how long you have 

been a citizen of Rock Hill!
A. Practically all of my life.



166 SUPREME COURT 
City of Rock Hill v. Henry et al.

M rs. E feie  W illiam s

Q. Where do yon live, Mrs. Williams?
681 A. 305 Hagin Street.

Q. 305?
A. 305 Hagin Street.
Q. Would you say that you have observed the City 

of Rock Hill for about thirty or more years?
A. Yes, I have.
Q. The City of Rock Hill’s growth for the last thirty 

years?
A. Yes, I have.
Q. Was there an occasion on or about March 15th, 

662 1960, of this year, for you to be in the vicinity of Main 
Street, or the street on which City Hall is located?

A. Yes, I did.
Q. Did you have an occasion to be in that vicinity on 

or about one o’clock on that day?
A. Well, between twelve-thirty and one o’clock.
Q. The answer is yes, is that right?
A. Yes.
Q. Now then, without going into too much detail, 

will you please tell the Court what you observed and 
ms what you saw?

A Well, I  was up street, on Main Street, and in 
crossing the Main Street into Hampton Street, the first 
thing that attracted me was the motorcycles and the po­
lice patrol, and of course, I thought it was a wreck ac­
cording to the way they were going, and I turned in and 
went on down Hampton Street and when I got there to 
the area, I asked someone what was going on, what 
was the trouble. I thought it was a wreck. I  saw them 
putting them in the police patrol, and I went on ae- 
cross the street, and they were singing in a very sweet, 
soft voice and the song was “What A  Friend We Have 
in Jesus” . So I walked on down the street in front of



SUPREME COURT 
Appeal from York County

167

M rs. E ffie  W illiam s

them; of course, they were lined up on the curb like; 
and went on past, and they sang that song and they 
sang the National Anthem, and they sang The Star 
Spangled Banner, and, that was while I was there.

Q. You moved on after you heard the singing?
A- I stood there for about a few minutes because I 

was enjoying the singing. It was very sweet because 
these were college students and many of them play 
music, and many of them have been trained to sing, 
because I can place them; I do know music when it is 
sung right; and I heard no loudness, nothing boisterous 
nor anything that would attract anyone in any way to 666 
annoy them.

Mr. Sampson: That is all. Your witness.

Cross Examination
By Mr. Spencer: I believe you said that as you ap­

proached the, got down to where you could see, you 
saw them putting them in the police patrol car, is 
that right?

A. That’s right.
Q. So, that at the time that you arrived, the arrests 

were already in process, weren’t they?
A. That’s right.
Q. And you do not know what occurred prior to the 

time the arrests started, do you?
A. Well, they were singing.
Q. You were there?
A. I was not there in the beginning of the singing.
Q. So you don’t know what occurred prior the ar­

rests?
A. No, I don’t.
Mr. Spencer: That’s all, thank you.

668



City of Rock Hill v. Henry et al.

D r . D. M. D u ck ett

^  Mr. Sampson: We have no further questions. Thank 
you very much.

Mr. Sampson: May it please the Court, we call Dr. 
D. M. Duckett.

Dr. D . M. D u ck ett  was d u ly  sworn and testified  as 
follows:

Direct Examination
By Mr. Sampson:
Q. Dr. Duckett, I believe you are a practicing physi­

cian in the City of Rock Hill, is that right?
670 A. I am.

Q. Approximately how long have you been a resident 
of this neighborhood?

A. Thirty-two years.
Q. About thirty-two years. Would you happen to 

know how many people, how many Negroes make up 
the population of Rock Hill?

A. About a third of the population of Rock Hill is 
Negro.

Q. About one-third, about three to one?
671 A. Yes.

Q. And from time to time over thirty years, you have 
had occasion to take an interest in the development 
of Rock Hill, is that right, and in its cultural develop­
ment, its government, is that right?

A- Yes.
Q. And you feel that you would have the knowledge 

and the experience of a professional man in your 
standing that had thirty years in leading this com­
munity, is that right?

CT2 A. Yes.
Q. Do you have some idea of racial relationships in 

the City of Rock Hill, is that right?

168 SUPREME C O U R T ________



SUPREME COURT 
Appeal from York County

169

D r . D . M. D uckett

A. That’s right.
Q. As a matter of fact, I think that you were recently 

appointed on the South Carolina Civil Rights Com­
mission, I think.

A. Advisory Committee.
Q. On what ?
A. On the Advisory Committee.
Q. On the Advisory Committee, I see. And are you, 

at present, serving in that capacity?
A. That’s right.
Q. Now, you were living here, of course, since all of 

this alleged racial tension arose, is that right, with 
reference to the stores and so forth?

A. That’s right.
Q. And you were in the City of Rock Hill on March 

15, 1960, is that right?
A. Right.
Q. Now, did you have occasion on March 16th, to be 

in the neighborhood of City Hall?
A. On the 16th or 15th?
Q. On the 15th.
A. Yes, sir.
Q. On the 15th of the month, did you observe any­

thing unusual as you drove in the city on that day at 
one o’clock?

A. Well, I drove up town from my home to the Post 
Office, as I entered the block between Black and Main 
Street going to the Post Office, I heard the music and 
I rolled my window down and drove slowly by, and 
parked in front of the Post Office.

Q. So you heard some of the singing, this alleged 
singing ?

A. Yes.



170 SUPREME COURT
City of Rock Hill v. Henry et al.

Dr. D. M. D u ck ett

m Q. Did you pay any attention to it specifically, one 
way or the other !

A. I just saw a large group there.
Q. Do you recall at that time what you observed and 

if you heard them singing in a loud, boisterous and 
tumultuous tone!

A. No.
Q. Actually, you observed and heard some of the 

singing from a moving automobile, is that right!
A. Well, I went to the Post Office and came back 

down to the City Hall, and I stood there a while and 
6,8 they were singing them.

Q. I see. Most of your thirty years of experience 
having lived here an being a member of this commun­
ity, would it be your judgment that the singing alone 
by this group did disturb the peace of the City of Rock 
Hill!

Mr. Spencer: I believe it is asking a leading question 
of the witness.

Mr. Sampson: Excuse me.
By Mr. Sampson:

679 Q. You heard the singing!
A. Yes, sir.
Q. And you observed the group!
A. Yes.
Q. And you observed the people around in the vicini­

ty as you were passing and coming back!
A. Yes.
Q. Was the conduct and the singing disturbing to 

you as a citizen of Rock H ill!
A. No, not to me.
Q. Would it disturb the public, in your judgment!
A. I don’t think so.
Q. You do not think so!

680



SUPREME COURT 
Appeal from York County

171

D k . D. M. D u ck ett
A. No.
Q. Were you surprised that they were arrested?
A. I was, frankly, I was.
Mr. Sampson: That’s all. Cross examine.

Gross Examination
By Mr. Spencer:
Q. Dr. Duckett, what was the location of your au­

tomobile when you first heard the singing?
A- I came up Hampton Street, and into the block 

between Black and Main Street when I heard the 
singing.

Q. When you heard it, did you say you were going 
to the Post Office?

A. Yes.
Q. And you went on by City Hall where the singing 

was going on, and turned and went to the Post Office, 
is that right?

A. That’s right.
Q. And then you parked your car at the Post Office 

and came back to the scene to observe what was going 
on, is that right?

A. Yes.
Q. And about how long did you stay there, Doctor?
A. I spent ten or fifteen minutes.
Q. Ten or fifteen minutes?
A. Yes.
Q. And were you aware of the plans of this group to 

sing at that time and place?
A. No, I was not.
Q. Now, when you had been there ten or fifteen min­

utes, did you then leave the area tand what was going 
on at the time you left?

684



172 SUPREME COURT 
City of Rock Hill v. Henry et al.

D r . D . M. D u ck ett
A. Some were singing and some were being arrested 

and put into patrol cars.
Q. In other words, the arrests were in progress at 

the time you left?
A. Yes, sir.
Q. Had that started at the time you got there?
A. The arrests, no.
Q. Doctor, did you bring with you the pictures you 

took at the scene?
A. At the scene there, no, the film was faulty, I did 

not get any pictures.
686 Q. You did not get any pictures. You were taking 

pictures, though?
A. They were fouled up. I was taking them.
Q. You had a camera and you were taking pictures; 

you thought you were taking them and you found out 
later there was something wrong with them, the film.

A. The film fouled up so I didn’t have any, that’s 
right.

Q. And did you go there for the specific purpose of
taking pictures, is that why you were there?

687 V. Well, I wanted to take pictures and hear the 
music too.

Q. You say your film fouled up and you didn’t get 
any pictures?

A. No.
Q. And I believe you said this wasn’t the singing 

wasn’t disturbing to you?
A. Not to me.
Q. As a matter of fact, you kind of enjoyed it, didn’t 

you, Doctor?
A. Yes, sir.
Mr. Spencer: That’s all I  have. Thank you.
Mr. Sampson: That’s all.

688



SUPREME COURT 173
Appeal from York County

R ev . J am es D , R u ckeb  
(Witness excused.)
Mr. Sampson: May it please the Court, we call the 

Reverend James D. Rucker.

Rev. J am es  D. R u ckeb  was sworn and testified as 
follows :

Direct Examination
By Mr. Sampson:
Q. Reverend Rucker, do you reside in the City of 

Rock Hill?
A. Yes.
Q. What do you do here for a livelihood?
A. I am pastor of a church, Mount Prospect Baptist 

Church.
Q. Mount Prospect Baptist Church, and how many 

years have you been pastor of that?
A. Nineteen years, the first of August, it will be 

twenty years.
Q. Nineteen years. Are you associated in any way 

with Friendship Junior College?
A. I am a Trustee.
Q. Oh, you are a Trustee. Now, were you in Rock 

Hill on March 15, 1960, around noon time?
A. No, I was out of town.
Q. You were out of town?
A- That’s right.
Q. You don’t mind, do you, my asking what city you 

were in?
A. I was in Greenville.
Q. Is Greenville a big city? Is it true that you heard 

of this incident upon your return to the city, is that 
right?

A. It was announced over the radio prior to my re­
turn.



174 SUPREME COURT
City of Rock Hill v. Henry et al.

R ev . J am es D. R u cker

Q. You heard it over the radio. How long have you 
been in Rock Hill, sir ?

A. Nineteen years.
Q. Nineteen years. Have you made it part of your 

business here to assist in the various levels of group 
relationships, racially, and religiously and so forth, 
and educationally, since you have been here?

A. I have.
Q. Is it true that you have tried to make a contri­

bution to the dignity and tranquility of your com­
munity, is that right?

A . That’s right.
Q. Based on your knowledge of this community, 

would you say that the public peace was tranquil or 
not? Do you understand that?

Strike that; do you understand what we mean by the 
term “public peace” ?

A. Yes, sir.
Q. From a racial point of view, as between Negroes 

and Caucasians what is it in your judgment?
A. Well, having lived in other places, I think it is 

somewhat above average place.
Q. Above average. You are minister by profession, 

is that right?
A. That’s right.
Q. Could you enlighten us as to why Negroes sing 

spirituals and pray a lot, do you know why?
A. Well, music is an expression of inward feeling of 

Negroes and I think it has been and is a type of com­
munication.

Q. That’s all.



SUPREME COURT 
Appeal from York County

175

R ev . J am es 1). R u cker

Cross Examination m
By Mr. Spencer:
Q. Reverend Rucker, I believe I understood you 

to, if I  understood you correctly, your statement was 
that you considered race relations in this community 
above average, is that right!

A. Yes.
Q. Now, I ask you whether or not the status of such 

relations has in your opinion been affected in any way 
by the demonstrations which have occurred between 
February 12 and March 15th! 698

A. I will answer it this way, Mr. Spencer, in that, 
in my opinion, I  would think the demonstrations ex­
pressed a Christian philosophy of life, to find Jesus 
Christ.

Q. I don’t believe; I believe you are volunteering, 
and not responsive to my question. Maybe I didn’t 
make it clear to you. The question I am asking you, 
was with reference to the same subject that you had 
dealt with, and that was race relations; and I am ask­
ing you, in your opinion, these demonstrations affected eos 
the relationship between the races in this community 
in any w ay; in other words, whether it did or whether 
it did not. I  was not trying to get into the purpose 
which I believe is what you were about to testify to. I 
am asking you whether or not the relationship between 
the races was, in your opinion, affected in any way by 
these demonstrations!

A. Well, I think it was affected to this degree, that 
people certainly have been more conscious of race re­
lations and looking forward for the better relation of 
things.

700



176 SUPREME COURT 
City of Rock Hill v. Henry et al.

R ev . J am es D . R u cker  
T . E . M urdock

701 Q. Would you say that it is causing tension between 
the races in the community?

A. I think there has been some tension.
Q. All right, now, let me ask you one further ques­

tion. Did I understand you to say that you would, that 
you were not in Rock Hill and were in Greenville on 
the 15th day of March, when this particular occurrence 
took place, that is correct, is it not?

A. That is correct.
Q. So you do not know what took place on that day

702 of your own knowledge?
A. No.
Mr. Spencer: Thank you very much. That’s all.
Mr. Sampson: You may come down, sir.
(Witness excused.)
Mr. Sampson: May it please the Court, I wish to 

call Mr. T. E. Murdock.

Mr. T. E. M urdock was duly  sworn and testified  as 
follows:

Direct Examination 
By Mr. Sampson:
Q. Mr. Murdock, where do you live, sir?
A. I live at 510 Lige Street.
Q. What is your trade or profession?
A. I am a photographer.
Q. Do you operate as a professional photographer? 
A. Yes.
Q. You make your living at photography, is that 

right?
A. Yes, sir.
Q. How long have you lived in Rock Hill?
A. About ten years.



SUPREME COURT 
Appeal from York County

177

T. E. M urdock

Q. All right. Were you in Rock Hill, the City of 
Rock Hill, on the 15th of March, 1960?

A. I was.
Q. Were you at your place of business early in the 

day, that morning?
A. Yes.
Q. Did you have occasion to be in the vicinity of City 

Hall about one o’clock on March 15th?
A. Yes, sir, I sure did.
Q. Without going into too much detail, would you 

please state the circumstances which caused yon to be 
in that area and what you observed while you were 
there.

A. Someone, I  am not sure who, someone told me 
that the students from Friendship College were demon­
strating in front of City Hall, and if I would go up 
there in a hurry, I  might have an opportunity to get a 
good picture.

Q. You did go there and you did take the picture?
A. I took one picture, yes, sir. i
Q. Did you hear any singing? 1 '
A. Yes, I did.
Q. Was the singing boisterous and tumultuous?
A. In my opinion, no. If I may express my opinion 

on it, it sounded to me as if there were a bunch of 
carollers or singers serenading City Hall. I got the 
impression that one gets around Christmas time when 
you hear the singers out of doors singing.

Q. I see. Had a professional touch?
A. To me, yes. I don’t call myself an authority on it.
Q. Now, how long did you stand in that area, sir?
A. Well, I got there approximately, I don’t know 

what the time was, it was about live minutes before the 
police started to arrest the students and I stayed on



178 SUPBEME COURT 
City of Bock Hill v. Henry et al.

T. E. M urdock

nnil the last one was taken off the street, and then I 
left.

Q. You don’t know why the policemen arrested them 
of your own knowledge, do you?

A. No. No one told me why and I didn’t ask why 
either.

Q. Were you or were you not surprised when you 
saw them arrested?

A. I would say relatively surprised. I didn’t see any 
reason for them being arrested.

Q. Did you notice any milling around of a large 
crowd of citizens?

A. Yes, there were quite a few. Quite a few on the 
opposite side of the street.

Q. Were they listening to the singing?
A. I imagine they were.
Q. They didn’t appear—
Mr. Spencer: I object.
Mr. Sampson: I withdraw the question.
Mr. Spencer: Thank you.
By Mr. Sampson:
Q. You did observe the crowd; did you observe the 

crowd on the opposite side of the street while you were 
listening to the singing?

A. I did.
Q. Now, were you in Rock Hill on or about February 

I believe it was in.
A. Yes.
Q. Now, did you or did you not read the newspapers 

about some alleged going into stores by Negroes?
A. Yes, I read those accounts in the newspapers.
Q. Mr. Murdock, I would like to show you a photo­

graph and ask you whether or not you recognize i, sir.
A. Yes, I do.



SUPREME COURT 
Appeal from York County

179

T. E. M urdock

Q. And according to your recognition, what, scene 
is that that appears on that photograph!

A. It shows a policeman in uniform arresting, or he 
has in custody, two young ladies. It shows, of course, I 
believe it is Lt,. Brown there, and about the center of 
the picture, it shows a crowd of white people on the 
other side, not a large group at this particular time. 
The time the picture wrns taken, it was near the last 
of the group of students that were arrested.

Q. I see. There is no doubt in your mind that this 
picture was taken on March 15th?

A. Oh, yes.
Q. The reason I am asking, you don’t have a date 

on it. Approximately what time would you say this 
picture was taken?

A. I couldn’t approximate the time. It was probably 
about thirty minutes after I got there, about twenty- 
five minutes after the arrests began. I didn’t note the 
time of day so far as looking at my watch was con­
cerned.

Q. Now, let me ask you this. Did you observe the 
students that were singing!

A. Yes.
Q. Did you observe their dress?
A. Yes.*
Q. In what manner were they dressed? Were they 

neat?
A. They were dressed neat. Plain.
Q. Would you say they would be representative of 

the peace and dignity of Rock Hill?
A. Yes, of course.
Mr. Sampson: May it please the Court, we would 

like to introduce this.



180 SUPREME COURT 
City of Rock Hill v. Henry et al.

T. E. M urdock

The Recorder: Mark it Exhibit No. 1, Defendant’s 
Exhibit 1; the picture.

By Mr. Sampson:
Q. Mr. Murdock, did you or did you not hear any 

profanity used at all while you were there?
A. I heard no profane language from anyone.
Q. That’s all.

Cross Examination
By Mr. Spencer:
Q. Now, if I understood you correctly, I believe you 

said that you arrived at the scene in about five min­
utes before the arrests started, is that correct?

A. That’s correct.
Q. So that you were present and observing at the 

time of the commencing of the arrests, is that right?
A. That’s true.
Q. And what had you seen and observed with refer­

ence to the group with reference to the students, im­
mediately prior to the commencement of the arrests, if 
anything?

A. Well, there was a group there in front of the City 
Hall as had been stated by the witnesses, they were on 
the curb as we call it, and they were singing.

Q. Were any of them doing anything other than 
singing?

A. There were some who were marching back and 
forth there with a placard on a stick.

Q. All right, did you observe any contact or com­
munications between those persons and any police 
officer other than, or prior to the actual commencement 
of the arrests?

A. When I got there, I began seeking the possi­
bility of taking a picture. A  police officer was standing



SUPREME COURT 
Appeal from York County

181

T. E. M urdock

a short distance apart from the students. I  didn’t 
notice any bodily contact, is that your question?

Q. No, I meant any communication. I did not mean 
bodily contact; I meant any discussion.

A. From time to time, I noticed, maybe I shouldn’t 
put it that way, there were one or two times that I no­
ticed a police officer go over and speak to the students 
and then walk away again.

Q. Was that just prior to the time of the arrests? 
You were not there but five minutes before, it must 
have been pretty close to the time of the arrests, was it 
not?

A. Yes.
Q. And you were able to hear what he said?
A. Oh, no.
Q. You were not that close?
A. No.
Q. Just about where were you located?
A. Well, I Avas at one time, I was there in that alley- 

way that goes between the block of buildings and the 
City Hall.

Q. Now, there is one on each side, which one did you 
refer to. The upper one is toward Main.

A. I came up from the Black Street direction. I 
walked through the crowd on the opposite side and ac­
ross the street and looked the crowd over from the 
angle looking toward Black Street, and I realized I 
did not have an opportunity to get a good picture there, 
so I walked down the other way and stood about ten 
feet from the corner of the building, which is City Hall, 
toward Main.

Q. Were you seeking to get a shot of the group?
A. Yes, sir, of the group.



182 SUPREME COURT 
City of Rock Hill v. Henry et al.

T. E. M urdock

?2§ Q. Did you get your picture? You attempted to take 
several pictures, did you not?

A. I attempted to take several pictures but I had 
trouble; due to a technical error in which I don’t know 
whether you would be interested or not, I missed three 
or four good shots.

Q. Is this picture you have the only shot that you 
got?

A. The only one I got that was good.
Q. You didn’t happen to have one that had this de­

fendant in it?
726 A. No.

Q. I was just wondering.
The Recorder: I don’t want anybody referring that 

he made a mistake in his photography.
The Witness: No, that’s not good business.
By Mr. Spencer:
Q. How many shots did you say you missed?
A. I exposed five plates. Four were no good.
Q. When you say plate, does a plate have two sides ?
A. A plate has one side; the plate over there has two

727 sides.
Q. And in other words, you got one good side, and 

that’s it.
A. Out of five, yes.
Q. I believe you said that that was right at the tail 

end of the process of arrests!
A. That is true.
Q. Now, the traffic and crowd situation had consid­

erably subsided and let down by then, had it not?
A. When that picture was taken, yes, sir.

728
Q. When you first got there, did you, could you de­

scribe it for us.



183SUPREME COURT 
Appeal from York County

T. E. M urdock

A. It was a relatively large crowd on the opposite 
side of the street.

Q. And what about vehicular traffic trying to get 
through, was that moving slowly and obstructed; just 
what was the situation?

A. Only at one time, to my knowledge, was there a 
snafu, a (1. I. term, at which traffic was mixed up. That 
was the time when someone driving a truck came 
through the street and stopped and he had to honk his 
horn. There was one or two cars, and I imagine they 
joined in with this; it was my opinion, that they were 
blowing their horns to drown out the voices of the 
students singing.

Q. But you don’t actually know that that is i t ; that 
is just what you thought?

A. That’s just what I thought.
Q. Now you say that you hadn’t gotten some advance 

word that this demonstration was going to occur, and 
you went there for the purpose of taking pictures ?

A. No, I didn’t say that.
Q. I am sorry if I misunderstood that.
A. I said that someone told me that these students 

were demonstrating and I immediately grabbed my 
camera and threw it in the car and drove up there, and 
I imagine it was about ten minutes from the time I left 
until the time I got there and parked my car. The dem­
onstration was in progress before I even heard of it.

Q. I thought I would ask you just for a check; you 
have stated that someone told you there was a demon­
stration, so you went right up town and tried to get 
some pictures of i t ; that is was either in progress or 
about to start when you got the word, that’s right, was 
it not?



184 SUPREME COURT
City of Rock Hill v. Henry et al.

T. E. M urdock

,33 A. I want to be definitely sure on that, they told me 
it was in progress. I don’t think anyone could have 
told me that it was about to start. I am sure they didn’t.

Q. Now you say that you would class the singing 
as about like you would Christmas caroling or some­
thing like that?

A. That is the impression that I got, that of sing­
ing carols or serenading.

Q. Of course, it was not Christmas time and it was 
not Christmas carols.

A. That was just a comparison, as far as the rendi­
tion of the music goes concerning the tone and volume, 
and so forth.

Q. This singing would not be what you would call a 
normal occurrence, would it?

A. I would not be prepared to say because I don’t 
know.

Q. Well, have you ever seen it before, that sort of 
thing?

A. Oh, there are public demonstrations where peo­
ple sing songs, on special occasions.

735 1
Q. Have you had occasion, I am asking you, to see 

such a thing here in front of City Hall?
A. No, with the exception that I mentioned at 

Christmas time.
Q. Other than—
A. No, I have never seen anyone singing in front of 

City Hall before, no.
Q. Now, I believe that you have said also that when 

the arrests commenced, that you were relatively sur­
prised. That means you were, I am not sure that I 
know, that you were completely surprised; that you 
were halfway expecting it, is that what you meant?



SUPREME COURT 
Appeal from York County

185

T. E, M urdock

A. Well, let’s say that I had knowledge that it could 
happen. I had reason to believe that it could happen.

Q. And kind of thought maybe it might happen?
A. It might happen.
Q. Well, did you have no connection with the thing 

so far as any planning aspects are concerned; you had 
no advanced knowledge of it!

A. No advanced knowledge, no, sir.
Q. I have no further questions.
Mr. Sampson: Let me ask you one question.

Re-direct Examination
By Mr. Sampson:
Q. You described, von testified on direct that you 

were relatively surprised that it could happen. Was 
there any connection between what you observed on 
this occasion and any feeling of tension which may 
have had connection with events of about a month ago ?

A. Let me see if I understand the question. You 
mean that my feeling in the matter was perhaps influ­
enced by previous demonstrations?

Q. Yes, about a month ago. In February, I believe.
A. It seems to me, about the second or third demon­

stration, I don’t know which, along with other people 
who were interested and when I talked to some of the 
students, and from the things they told me, that had 
happened during the demonstration, I felt that sooner 
or later they would, that the police department would 
arrest the students.

Q. Because of what; because of the rights they 
wanted to assert or because of the—

Mr. Spencer: If it please the Court, counsel is tes­
tifying.

Mr. Sampson: I  withdraw the question.



186 SUPREME COURT 
City of Rock Hill v. Henry et al.

T. E. M urdock

By Mr. Sampson:
Q. Was what yon observed peaceful and lawful on 

this occasion?
A. Every demonstration I have seen on the part of 

these students have been, in my opinion, peaceful and 
lawful.

Q. Has the conduct of the police department been 
peaceful and lawful, in your judgment?

A. That would be difficult to say on the first impres­
sion of the demonstration, the one that perhaps—I 
thought they did an excellent job not only in protect­
ing the students, but preserving the peace in the face 
of certain disorder on the part of several white people 
who might have objected to these students. I didn’t 
witness. I wasn’t there during the second demonstra­
tion.

On the third occasion, I was late, and I did not see 
the police handling the students. I only know that some 
of the students complained that they had been handled 
pretty roughly by the policemen at that third demon­
stration.

Mr. Sampson: That’s all.
Mr. Spencer: Nothing further.
(The witness excused.)

Mr. Perry: May it please the Court, we would just 
like to further indicate the nature of the plea which 
has been made by this man and I think, in other words, 
we just took it in writing so that there could be no 
doubt about what our position is. I think the Court, in 
our motion to dismiss, we also make more assertions, 
and there has been perhaps some testimony which is 
on that particular or in that particular regard.

All right, shall I pass the Board a copy of it also?



SUPREME COURT 
Appeal from York County

187

The Recorder: Do you have any objections?
Mr. Spencer: I have not finished reading it yet, your 

Honor.
The Recorder: All right.
Mr. Spencer: I  don’t know if I have a right to object 

anyhow, but I want to look. I don’t believe it says any­
thing that I would object to. I have no objection.

Mr. Perry: I understand.
We take the position that that is, Your Honor, the 

Defendant’s assertion of Constitutional protection 
here. It is just perhaps a glorified plea of not guilty 
under the circumstances, but perhaps it also includes 
the things that which he does assert.

The Recorder: I understand. Copy the plea into the 
record.

PLEA TO W ARRANT
The defendant has previously entered his plea of 

not guilty to the charge of Breach of the Peace herein 
and now renews such plea.

In furtherance of same, the defendant asserts that 
at the time of his arrest he was engaged in a lawful 
assemblage of persons for the purpose of giving pub- 
lie expression to officials of government, which expres­
sion was in the form of singing patriotic songs and 
was the form adopted to seek redress of grievances.

The grievances which defendant and those assem­
bled with him were seeking redress are their dissatis­
faction with the laws and customs pertaining to the 
segregation of the races.

The right to engage in the activities which the de­
fendant was engaged in is guaranteed to him under 
Article I, Sec. 4, Constitution of the State of South
Carolina and by the first and fourteenth amendments 
of the United States Constitution.

748



188 SUPREME COURT 
City of Rock Hill v. Henry et al.

Mr. Perry: The Defendant rests, Your Honor, at 
this time.

Mr. Spencer: If it please the Court, the City has 
nothing in reply.

Mr. Perry: I will proceed with a very brief summa­
tion.

The Recorder: You can be brief.
Mr. Perry: It will he very brief. The defendant re­

news his motion to dismiss.
Mr. Spencer: I think we have covered it pretty well 

as far as the legal position is concerned.
Mr. Sampson: I f  the Court please, we would like 

the record to show that we again renew our motion to 
dismiss for reasons in the record already.

Mr. Spencer: Well, I would like for the record to 
show that the City renews its opposition to the motions 
previously noted in the record.

The Recorder: Do you gentlemen have anything fur­
ther for either side!

Mr. Sampson: Nothing for the Defendant, Your 
Honor.

Mr. Spencer: Nothing for the City, Your Honor.
The Recorder: Whether or not a particular incident 

would be a breach of the peace depends upon all the 
surrounding circumstances. The proof before this 
Court is that a group of students, of which the de­
fendant has been established a member, congregated 
before the City Hall of this City singing in such a man­
ner as to attract a crowd of people. This incident fol­
lowed a series of events in this community which had 
changed the normal public tranquility. Acts which 
would tend to provoke or excite others to break the 
peace under these circumstances would not need to be 
of the same nature as if good order reigned among 
the members of the body politic. In this case there is



SUPREME COURT 
Appeal from York County

189

no evidence that the student group attempted to assem­
ble for the benefit of placing grievances before the leg- 
islative branch of government of this City, rather they 
chose to assemble at a time when council was not in 
session a fact which they could have easily ascertained.
I, therefore, find this defendant guilty of a breach of 
the peace. There is no evidence that the defendant 
failed to cooperate after arrest and I am aware of no 
previous offense committed by him requiring his pres­
ence in this court. I, therefore, impose a fine of $35.00 
or thirty days upon the Defendant.

Mr. Perry: Now, I submit at this time, the Defendant 
moves for a new trial based upon all objections which T54 
were interposed during the course of these proceedings 
and upon the rulings of the Court pertaining thereto.

The Recorder: All right, and you feel that you can 
enlarge upon those; are you willing for me to rule on 
that?

Mr. Perry: I am willing for you to rule on that.
The Recorder: I overrule it.
Mr. Perry: Now, your Honor, we herewith give oral 

notice of appeal, which appeal will be tendered in writ­
ing within the required period, and we ask that the 755 

Court set an appeal bond.
The Recorder: The appeal bond will be $70.00.
Mr. Perry: All right, sir. Now, your Honor, has it, 

is it permissible for the Defendant to remain under the 
present bond which he is under until we can substitute 
the necessary administrative proceeding in that re­
gard, or would you prefer us to go ahead and—

The Recorder: I would like to take, to work with you 
in any way, but I prefer to file with, to follow the stand­
ard rules that we follow in this court, and that is that ■ 
the appeal bond must be posted at the time of the ap­
peal.



190 SUPREME COURT 
City of Rock Hill v. Henry et al.

Mr. Perry: All right, sir.
m The Recorder: Our law requires a 24-hour written 

notice. Of course, that would be eight o’clock tomorrow 
night.

Mr. Perry: That’s right. We have until eight o’clock 
tomorrow night to do it, to recapitulate every aspect of 
this matter including the posting of the appeal bond.

The Recorder: You can put up the fine and then if 
you appeal it—

Mr. Spencer: No, I don’t agree with that. I don’t 
think that is correct. We wouldn’t want to put them in 

768 that position.
Mr. Perry: We can give you fine bond now but the 

appeal isn’t ready in writing with the Court, except 
as based upon our oral notice, with the express stipula­
tion that it would be, that the written notice be sup­
plied within the 24-hour period.

Mr. Spencer: I f  it please the Court, the person who 
posted the bond is present in Court and so long as we 
have the advisement of continuance of the bond for an 
additional 24 hours, and until the appeal bond is 

759 posted, there should be no objection to continuing with 
the present posted bond.

The Recorder: Is that agreeable now?
Mr. Perry: Yes.
I have nothing further.
The Recorder: The Court is adjourned.
Wherefore, the trial in the above entitled matter 

was closed at 8 :10 p. m., Thursday, March 24, 1960.

760



SUPREME COURT 
Appeal from York County

191

EXH IBIT “ A ”— STATEMENT BY DEFENDANTS’ 
WITNESS REV. C. A. IVORY SUPPLE­

MENTING STIPULATION AND 
AGREEMENT

That if the witness Rev. C. ,A. Ivory were now called 
upon to testify in answer to the question previously 
asked him on cross examination by the City Attorney 
in the case of City of Rock Hill v. Leroy Henry, as to 
whether or not he had advance knowledge that a Negro 
demonstration against segregated downtown lunch 
counter service in variety stores was about to occur, 
he would at this time, after having had an opportunity 162 

to confer with defense counsel and further consider the 
matter, withdraw his former refusal to answer such 
question under plea of right to refuse to answer under 
the privileges and protections of the Fifth Amendment 
to the United States Constitution against being re­
quired to testify as to a matter which might tend to 
incriminate him and would answer the question initial­
ly asked in the affirmative.

Approved.
763

S pencer  & S pencer ,
Attorneys for City of Rock Hill.

M atth e w  J . P erry ,
D onald J ames S am pson ,
W illie  T. S m it h , J r .,

Attorneys for the above named 
Defendants.

Rock Hill, S. C., 
May 26, 1960.

764



192 SUPREME COURT 
City of Rock Hill v. Henry et al.

EXH IBIT “ B”— STATEMENT BY DEFEND­
ANT (S) SUPPLEMENTING STIPULA­

TION AND AGREEMENT 
That if one or more of the Defendants named above 

should take the stand and testify in the present trials 
such testimony would reflect that said defendants par­
ticipated in a public demonstration against segregated 
downtown lunch counter service in variety stores in 
the City of Rock Hill, S. C., by assembling before the 
City Hall on Hampton Street in said City and singing 
patriotic and religious songs as a means of undertaking 

fm to communicate to the public and to their government 
their basic dissatisfaction with and protest against the 
continuance of the above specified custom and practice 
where followed, which they contend results in excluding 
lunch counter service to Negroes solely on the ground 
of race or color in violation of their rights under the 
State and Federal Constitution; that said defendants 
contend that the means employed were lawful under 
the circumstances; that said defendants had not sought 
an advance appointment with any official of the City 

m government before and did not ask such appointment 
or make any statement of their purpose at the time 
of the public demonstration before City Hall, although 
the defendants contend that the City Government was 
fully aware of the purpose of their demonstration by 
virtue of recent prior demonstrations in the variety 
stores; that before being actually arrested they were 
warned by police officers to cease singing and disband 
or suffer arrest and that they continued their demon-

T68



SUPREME COURT 
Appeal from York County

193

strations thereafter, believing that what they were 
doing was not unlawful.

Approved.
S pencer  & S pencer ,

Attorneys for City of Rock Hill.

M a t t h e w  J. P erry ,
D onald J am es S am pson ,
W illie  T. S m it h , J r.,

Attorneys for the above named 
Defendants.

Rock Hill, S. C.,
May 26, 1960.

ORDER AFFIRMING CONVICTIONS
This Court now has before it for consideration a 

total of seventy-one cases which were heard by the Re­
corder’s Court for the City of Rock Hill. The convic­
tions of all defendants were in due time appealed to 
this Court and heard together by this Court on an 
agreed Transcript of Record. By occurrence and 
charge the cases are grouped as follows:

1. Sixty-five breach of peace charges, upon the pub­
lic streets at City Hall, on March 15, 1960.

2. Three breach of peace charges, upon the public 
streets at Tollison-Neal Drug Store, on February 23, 
1961.

3. One Trespass charge within McCrory’s variety 
store, on April 1, 1960, before enactment of the 1960 
Trespass Act (No. 743).

4. Two Trespass charges, within McCrory’s variety 
store on June 7,1960, after enactment of the 1960 Tres­
pass Act.

An examination of the Transcript of Record on Ap­
peal discloses no real distinction between the first



194 SUPREME COURT
City of Rock Hill v. Henry et al.

sixty breach of peace cases at City Hall, the next five
773 on the same day at the same place only a short time 

later, and the three breach of peace cases on the pub­
lic streets at Tollison-Neal Drug Store. In all of these 
cases it appears from the record that the public peace 
was endangered, that the defendants were properly 
forewarned by a police officer to cease and desist from 
further demonstrations at that time and place, and 
move on, which they failed and refused to do, despite 
allowance of ample time within which to have com­
plied with the order, and that thereafter they were ar­
rested and charged with breach of peace as eontin-

774 uance of their activities under the circumstances then 
existing, as shown by the record, constituted open de­
fiance of proper and reasonable orders of a police of­
ficer and tended with sufficient directness to breach the 
public peace.

The offense charged in each of the sixty-eight breach 
of peace cases is clearly made out under the facts 
shown by the Transcript of Record and the law of 
force in this state, particularly as the law is shown by 
the recent decision of the South Carolina Supreme

775 Court in the case of State v. Edwards et al., Opinion 
No. 17853, filed December 5, 1961.

In like manner this Court finds no distinguishing 
features between the one trespass case, which occurred 
at one time and place and the two later trespass cases 
at the same place. I all three cases each defendant was 
asked to leave the premises by the Manager of the 
store, this occurred in the presence of a City police 
officer, who then himself requested each defendant to 
leave and explained that arrest would follow upon

776 failure to leave. After each defendant failed to leave 
the private premises involved, following allowance of 
a reasonable opportunity after request so to do, first



SUPREME COURT 
Appeal from York County

195

by the Manager and then by the police officer, each de­
fendant was arrested and charged with trespass. Here 
again, under the facts disclosed in the record and the 
law of force in this state, the charge of trespass is 
properly made out as to each defendant. See City of 
Greenville v. Peterson et al., S. C. Supreme Court 
Opinion No. 17845, filed November 10, 1961, and City 
of Charleston v. Mitchell et al., S. C. Supreme Court 
Opinion No. 17856, filed December 13, 1961.

A  number of specific legal questions were raised by 
the Defendants, including particularly a question as to 
adequacy and sufficient of the warrants and whether 
or not the Defendants were properly advised of the 
charges pending against them. An examination of the 
warrants discloses that in each case the facts constitut­
ing the offense charged were stated with reasonable 
and sufficient particularity. It is the opinion of this 
Court that the various legal objections raised in the 
Court below, which are not set forth in detail herein, 
were properly overruled. See State v. Randolph et al.,
239 S. C. 79, 121 S. E. (2d) 349, filed August 23, 1961, 
other authorities cited herein, and other applicable de­
cisions of our Courts referred to in the cited authori- 779 

ties.
Accordingly, it is hereby ordered and decreed that 

the convictions by the Recorder’s Court of the City of 
Rock Hill in all of the seventy-one cases under appeal 
are hereby affirmed, and each of the cases is remanded 
for execution of sentence as originally imposed.

This Court takes note, from published reports, of the 
untimely death of the Defendant, Rev. C. A. Ivory,

780



196 SUPREME! COURT 
City of Rock Hill v, Henry et al.

since hearing of the appeals herein and before render- 
ing judgment thereon.

All of which is duly ordered.

G eorge T. Gregory, J r .,

Residing Judge, Sixth Judicial 
Circuit.

Chester, S. C.,
December 29, 1961.

EXCEPTIONS
1. The Court erred in refusing to hold that the war- 

*** rants are vague, indefinite and uncertain and do not
plainly and substantially set forth the offense charged, 
thus failing to provide appellants with sufficient infor­
mation to meet the charge against them as is required 
by Article I, Section 16, Constitution of the State of 
South Carolina and in violation of appellants’ rights 
to due process of law, secured by the Fourteenth 
Amendment to the United States Constitution.

2. The Court erred in receiving as evidence irrele­
vant testimony of Captain Hunsucker, concerning the

ms existence of tension in the Rock Hill Community at 
and prior to the time appellants were arrested.

3. The Court erred in refusing to strike the testi­
mony of the witnesses, Captain Hunsucker, Lt. Brown, 
Mr. Maxie and Mr. Angel, such witnesses having failed 
by their testimony to identify appellant(s) with any 
criminal act.

4. The Court erred in refusing to hold that the State 
failed to establish the corpus delicti, in that:

a. It was not shown that any person engaged 
in conduct which was unlawful.

784
b. It was not shown that any person committed 

acts which directly tended to breach the peace.



SUPREME COURT 
Appeal from York County

197

c. It was not shown that any person committed 
acts or engaged in conduct which incited others to 
violence.

d. It was not shown that any person committed 
acts of violence.

e. It was not shown that any person engaged in 
obscene conduct.

f. It was not shown that any person uttered 
profane language.

g. It was not shown that any person conducted 
himself in disorderly fashion.

5. The Court erred in refusing to hold that the State 
failed to prove a prima facie case, in that:

a. It was not shown that appellant engaged in 
conduct which was unlawful.

b. It was not shown that appellant committed 
acts which directly tended to breach the peace.

e. It was not shown that appellant committed 
acts or engaged in conduct which incited others to 
violence.

d. It was not shown that appellant committed 
acts of violence.

e. It was not shown that appellant engaged in 
obscene conduct.

f. It was not shown that appellant uttered pro­
fane language.

g. It was not shown that appellant conducted 
himself in disorderly fashion.

6. The Court erred in refusing to hold that appellants 
were convicted upon a record devoid of any evidence of 
the commission of any of the essential elements of the 
crime charged, in violation of appellants’ rights to due 
process of law, guaranteed by the Fourteenth Amend­
ment to the United States Constitution, and by Article



198 SUPREME COURT
City of Rock Hill v. Henry et al.

I, Section 5, Constitution of the State of South 
Carolina.

7. The Court erred in refusing to hold that the evi­
dence shows conclusively that by the arrest and con­
viction of appellants, the police powers of the State 
of South Carolina were used to deprive appellants of 
the right of freedom of speech, and the right peaceably 
to assemble and to petition the Government for a 
redress of grievances, guaranteed them by Article I, 
Section 4 of the Constitution of South Carolina.

8. The Court erred in refusing to hold that the 
evidence shows conclusively that by the arrest and 
conviction of appellants the State of South Carolina 
used its police powers to deprive appellants of the 
right of freedom of assembly and the right of freedom 
of speech, guaranteed them by the First Amendment 
to the United States Constitution, and further secured 
to them under the equal protection and due process 
clauses of the Fourteenth Amendment to the Constitu­
tion of the United States.

791

792



SUPREME COURT 
City of Rock Hill v. Henry et al.

199

AGREEMENT
It is hereby stipulated and agreed by and between 

counsel for the appellants and respondent that the fore­
going, when printed, shall constitute the Transcript of 
Record herein and that printed copies thereof may be 
filed -with the Clerk of the Supreme Court and shall 
constitute the Return herein.

D an ie l  R. M cL eod,
Attorney General,

Columbia, South Carolina,

E verett N. B randon , 
Assistant Attorney General, 

Columbia, South Carolina,
G eorge F. C olem an ,

Solicitor, Sixth, Judicial 
Circuit.

Winnsboro, South Caro­
lina,

S pencer  & S pencer ,
Rock Hill, South Carolina, 

Attorneys for Respondent.

J e n k in s  & P erry,
Columbia, South Carolina,

B y : M a t t h e w  J . P erry,
D onald J am es S am pso n ,
W illie  T . S m it h , J r .,

Greenville, South Carolina, 
Attorneys for Appellants.

796