Henry v. Coahoma County Board of Education Printed Record

    UNITED STATES

C O U R T  OF A P P E A L S
FIFTH CIRCUIT.

No. 21,438

NOELLE M. HENRY,
Appellant,

versus

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

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

PRINTED RECORD.



INDEX.
Page

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

Notice of Motion .....................................................  10
Answer to Motion for Prelim inary  Injunction . . . .  11
A n sw e r ........................................................................   12
In terrogatories .................................................................  11
Objection to In terrogatories .......................................  20

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

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

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

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

from Derrick A. Bell, J r ....................................... 35
P la in tiffs  Suggested Corrections to be m ade in

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

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

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

TRANSCRIPT OF PROCEEDINGS:
Evidence for the Plaintiff:

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

W itness) ........................ 125
S. B. Wise .............................  151



II

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

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

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

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

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

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

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

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

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

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

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

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

INDEX—-(Continued):



COMPLAINT.

Filed Oct. 27, 1962.

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

DELTA DIVISION.

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

N O ELLE M. HENRY, 

versus
Plaintiff,

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

D efendants.

1.

The jurisd iction  of th is Court is invoked p u rsuan t 
to the provisions of Title 28, U nited S tates Code, Sec­
tion 1343 (3), th is being a suit in  equity  authorized by 
law, Title 42, U nited S ta tes Code, Section 1983, to be 
commenced by any citizen of the U nited States or 
other person  w ithin the ju risd ic tion  thereof to red ress  
the deprivation, under color of s ta tu te , ordinance, 
regulation, custom  or usage of a S tate, of rights, 
priv ileges and im m unities secured  by the Constitution 
and law s of the United S tates. The rights, privileges 
and im m unities sought to be secured  by th is action,



2

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

2.

This is a  proceeding for a prelim inary  and perm a­
nen t in junction enjoining the Coahom a County Board 
of Education, its m em bers and its Superin tendent, 
from  refusing  to re in s ta te  the  plain tiff Noelle H enry 
to her position as a teach e r in the Coahoma County 
School System  because she and h er husband, Dr. 
A aron H enry, engaged in certain  activ ities p ro tec ted  
by the U nited S ta tes Constitution, and to enjoin the 
defendan t B oard from  requ iring  p lain tiff to file y early  
affidavits listing  all o rganizations to w hich she be­
longs an d /o r reg u la rly  contributes.

3.

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



3

4.

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

5.

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

(a) P la in tiff is now and has for a long period 
been an active dues-paying m em ber of the N ational 
A ssociation for the A dvancem ent of Colored People 
(NAACP), a national civil rights organization dedi­
cated  to ending all state-supported  rac ial segregation, 
including tha t in public schools. She has been active 
in the local p rogram  of the NAACP, and has pro­
vided aid and assistance  to h er husband, D r. A aron 
E . H enry, who is P res id en t of the S ta te  Conference



4

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

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

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

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



5

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

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

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

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

6.

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



6

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

7.

8.

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

9.

As a resu lt of defendant Board’s action, p lain tiff 
has been unable to obtain employment as a school 
teach e r and has suffered and will continue to suffer 
irrep arab le  loss, in ju ry  and h a rm . She has no plain,, 
adequate  or complete rem edy to red ress  these  w rongs 
other th an  th is suit for injunctive relief. Any other 
re lief would be a ttended by such uncertain ties and 
delays as to deny substan tia l relief, and would cause 
p lain tiff fu rth er irrep a rab le  in ju ry  and occasion dam ­
age, vexation and inconvenience.



7

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

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

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

4. Allow p lain tiff h er costs h ere in  and such fu rther, 
o ther additional re lief as m ay appear to th is  Court 
to be equitable and just.

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

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

JACK G R EEN B ER G ,
CONSTANCE BAKER 

MOTLEY,
D ERRICK  A. BELL, JR ., 

A ttorneys for Plaintiff.
10 Colum bus Circle,

New Y ork 19, New York.

W herefore, plaintiff respectfully prays tha t:



8

MOTION FO R PRELIM IN A RY  INJUNCTION.

Filed Oct. 27, 1962.

(Title Om itted.)

P la in tiff m oves the C ourt for a p re lim inary  in junc­
tion enjoining the defendant Coahoma County Board 
of Education, its  agents, employees, successors, and 
those acting in concert w ith them  from  refusing, to 
offer p lain tiff a teaching  co n trac t in the Coahom a 
County public schools and to continue such con tract­
ual basis w ithout reg a rd  to  p la in tiffs  constitutionally 
p ro tec ted  activities in behalf of civil righ ts; and 
fu rth e r to enjoin the enforcem ent by the defendant 
Board of §6282-41 to 6282-45, Miss. Code Annot. re ­
quiring p la in tiff to file an  affidav it contain ing the 
n am es and addresses of all organizations to  w hich 
she belongs or contributes regu larly , on the grounds 
that:

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

2. U nless enjoined by th is Court, the defendant 
Board will as a p rerequ isite  to offering plain tiff a 
teach ing  con tract requ ire  th a t she complete an  affi­
davit as established by state  law (§6282-41 to 6282-45, 
Miss. Code Annot.) listing  the n am es of all o rgani­



9

zations to which she belongs or contributed  money 
regu larly , which requ irem ent, under decisions of 
the United S ta tes Suprem e Court, is a violation of 
p la in tiff’s constitutional rights.

3. No adm in istra tive  p rocedure provided by the 
defendant B oard or otherw ise is availab le  to p la in ­
tiff, and her severa l requests  for a hearin g  or o ther 
m eeting  w ith  the defendant Board have been uni­
form ly denied by said  Board.

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

5. The issuance of a prelim inary  injunction h e re ­
in  will not cause undue inconvenience or loss to the 
defendan t Board, but will p reven t irrep a rab le  in ju ry  
to the plaintiff.

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

R. JE S S  BROWN,
(R. Jess  Brow n),

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

JACK GREENBERG, 
CONSTANCE BAKER 

MOTLEY,^



10

D ERRICK  A. BELL, JR ., 
A ttorneys for P lain tiff.

10 Columbus Circle,
New York 19, New York.

Notice of Motion.

P lease  take  notice th a t on the 12th day of November, 
1962, or as soon th e re a f te r  as counsel can be heard , 
p la in tiff h e re in  will p re sen t to the Court the fore­
going m otion for p re lim inary  injunction, p u rsuan t 
to the provisions of Rule '65, F ed e ra l R ules of Civil 
P rocedure .

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

V erification.

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

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

MRS. NOELLE M. HENRY.

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

(Seal) N otary  Public.

My Commission Expires June  4, 1963.



11

ANSWER TO MOTION FOR PRELIM INARY
INJUNCTION.

F iled  Dec. 12, 1962.

(Title O m itted.)

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

I .

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

II.

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

III.

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



12

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

IV.

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

V.

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

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

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

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

Attorneys for Defendants.
S tevens Building,

C larksdale, M ississippi.

ANSWER.

F iled  Dec. 12, 1962.

(Title Om itted.)

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



13

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

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

IL

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

III.

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

IV.

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



14

D efendants adm it tha t said  Board of Education 
m ain ta in s  and generally  superv ises the public school 
of Coahoma County, M ississippi, but deny th a t this 
au thority  includes the au thority  to h ire  teacher p e r­
sonnel except under the restric tions of s ta tu to ry  p ro­
visions of the S tate  of M ississippi.

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

V.

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

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



15

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

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

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

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

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

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



16

VI.

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

VII.

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

VIII.

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

IX.

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

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

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

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

A ttorneys F o r D efendants.
Stevens Building,

C larksdale, M ississippi.



17

INTERROGATORIES.

F iled  Jan. 19, 1963.

(Title O m itted.)

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

Clarksdale, Mississippi,
A ttorney for D efendants.

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

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

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

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

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



18

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

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

7. Set forth  the n a tu re  of the teach e r m isconduct 
or teaching inadequacy in each case.

8. Set fo rth  the educational background and y ears  
of teaching experience of each teach e r lis ted  in r e ­
sponse to question 7.

9. How m any teach e rs  lis ted  in question 7 w ere 
not offered new con trac ts  by the B oard after receiving 
recom m endations by the school p rincipal and su p er­
visor th a t they  be continued in th e ir positions for 
the ensuing y ear?

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

11. Name the Negro teach ers  o ther th an  plaintiff 
who taugh t during the 1961-62 school y ear in Coahoma 
County and w ere w illing to teach  during the ensuing 
year, who w ere not offered con trac ts  for the 1962-63 
school year.

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



19

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

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

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

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

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

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

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

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



20

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

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

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

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

JACK GREENBERG, 
CONSTANCE BAKER 

MOTLEY,
DERRICK A BELL, JR .,

A ttorneys for P lain tiff.
10 Columbus Circle,

New Y ork 19, New York.

OBJECTION TO INTERROGATORIES.

Filed Jan . 30, 1963.

(Title Omitted.)

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



21

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

F irst: Service of said  in te rriga to ries  is p rem a tu re  
for the reason  th a t process ag a in s t all necessary  and 
indispensable p a rtie s  to th is cause of action has not 
been served. In th is connection defendants show th a t 
C. M. Allen and Jam es F. Hum ber, J r . ,  two of the 
p re sen t m em bers of the B oard  of Education, the 
said C. M. Allen succeeding Van Davis, and Jam es
F. Hum ber, J r . ,  succeeding E. G. Larson, a re  nec­
essa ry  and indispensable p a rtie s  to th is cause of 
action, and tha t ne ither of said  p a rtie s  has been  
m ade a party  defendant to th is suit, nor served  with, 
any process, sum m ons or notice of the filing of said 
suit.

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

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



22

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

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

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

A ttorneys for D efendants.
Stevens Building,

C larksdale, M ississippi.

Notice of O bjections.

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

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

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

ORDER WITH R E S P E C T  TO PARTIES.

(Title O m itted.)

On application of plaintiff, it is 

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

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



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

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

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

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

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

F iled  Mar. 26, 1963.

(Title O m itted.)

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

I.

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

II.

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

III.

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



24

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

IV.

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

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

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



25

V.

D efendants adm it th a t defendant B oard  did not 
offer p lain tiff a  con tract to teach  in the Coahoma 
County Schools for the  1962-1963 school year, b u t 
deny th a t the reason  for such failure and re fusa l w as 
because of the civil righ ts activ ities and associations 
designed to end rac ia l d iscrim ination  engaged in by 
h e r and h e r husband, bu t defendants allege that such 
act w as in s tric t accordance w ith the law s of the S tate  
if M ississippi and of the U nited S ta tes of A m erica.

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

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



26

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

D efendants deny th a t on June 28, 1962, defend­
an t P au l H unter rep o rted  to p la in tiff th a t he did 
not know why the  defendant B oard had  refused  
to renew  p la in tiffs  con tract, but adm it th a t he s ta ted  
th a t the B oard did not have to give p lain tiff a reason.

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

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

VI.

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

VII.

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

VIII.

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



27

IX.

D efendants deny the tru th  of the allegations con­
ta ined  in P a ra g ra p h  9 of the complaint.

And now having answ ered  such allegations of the 
p la in tiffs  com plaint as defendants a re  advised and 
believe it is necessa ry  to answ er, defendants deny 
th a t p lain tiff is en titled  to any of the re lie f prayed 
for in P a ra g ra p h s  1, 2, 3 and 4 of h e r p ray er.

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

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

A ttorneys for D efendants.
Stevens Building,

C larksdale, M ississippi.

ORDER: WITH RESPECT TO PARTIES.

(Title Om itted.)

By agreem ent of counsel for p lain tiff and defend­
ants, i t  is ordered:

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

2. D efendant S. H. K yles, whose nam e is incor­
rec tly  spelled, be nam ed as a  p a rty  defendant as
S. H. Kyle.

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

D istrict Judge.

Ent. C. O. B. 2, p. 534, on April 3, 1963



28

MEMORANDUM OPINION AND ORDER.

(Title O m itted .)

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

The substance of defendan t’s objections is th a t  the 
m atters inquired  of have no re levance  or legal sig­
nificance, and would be objectionable if introduced 
into evidence upon the tr ia l  of th is case on the m erits 
This, how ever, is not the te s t for a p roper in te rro g a ­
tory . Rule 33 of the F e d e ra l R ules of Civil P rocedure 
.s ta tes  th a t “In te rro g a to ries  m ay  re la te  to any m at­
te rs  w hich can be inquired  into under Rule 26 
(b) * * and Rule 26 (b) states “the deponent may 
be exam ined regard ing  any m atte r, not privileged, 
w hich is re lev an t to the  sub jec t m a tte r involved in 
the pending action, w hether it re la tes  to the  claim 
or defense of the exam ining p a rty  or to the  claim  or 
defense of any other party. * * * I t is not ground for 
objection th a t the  testim ony will be inadm issible 
at the tr ia l if the  testim ony  sought appears reaso n ­
ably calcu la ted  to lead  to the discovery of adm is­
sible ev idence.”

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



29

h er to discovery of the proof of her claim , if any 
there  be.

It is, therefo re ,

O rdered:

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

(2) T hat the defendant, the Coahoma County 
B oard of Education, shall answ er each  and every  
in terroga to ry  as propounded by p lain tiff w ithin fif­
teen (15) dyas from  the date of th is o rder in the 
m anner p rescribed  by the F e d e ra l R ules of Civil 
P rocedure.

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

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

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



30

PH F. EXH. # 4 ,

F iled  Jun . 20, 1963.

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

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

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

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

A nsw er to In te rrogato ries .

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

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

County School B oard for the 1962-63 school year.

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

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

affidavits requ ired  by Section 6282-21 of the 1942 Code



31

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

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

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

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

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

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

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

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

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

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

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



32

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

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

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

ence.

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

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

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

w arning, discussion, probation or otherw ise, before 
a teach e r considered guilty of personal m isconduct 
or teaching inadequacies is re leased  or refused  a 
teaching  co n trac t for the coming y ear. However, 
before any action is tak en  a thorough investigation  is 
m ade of said  m isconduct or inadequacies by the 
S uperin tendent of E ducation  and w here considered 
by him necessary , w arning is given.

A nsw er to  In te rro g ato ry  No. 16:
Such teach e rs  a re  offered the opportunity to ap p ea r 

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



33

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

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

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

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

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

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

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

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

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

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

GRAHAM BRAMLETT,
(G raham  B ram lejtt),



34

1

A ddress:
Stevens Building,

C larksdale, M ississippi,

S ta te  of M ississippi,
County of Coahoma.

P ersona lly  appeared  before m e, the undersigned  
au thority  w ith in  and for the S tate  and County afore­
said, S. H. Kyle, S. B. W ise, G raham  B ram lett, J . F . 
Humber, J r . ,  and C. M. Allen, m em bers of the D e­
fendan t B oard in the above en titled  cause, who on 
oath  depose and say: T hat they have  read  the  in ­
te rro g a to ries  served  upon them  by the  plaintiff, and 
the foregoing answ ers to those in terroga to ries  a re  
true  according to th e ir b est knowledge, inform ation  
and belief.

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

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

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

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

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

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

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

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

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

A ttorneys for D efendant 
B oard.



35

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

HALLIE MAE LOMBARD, 
(Seal) N otary  Public.

My Commission Expires Jan . 11, 1965.

F iled  M ar. 19, 1964.

M arch 16, 1964
W illiam  H. M aynard, Esq.,

M aynard, F itzG erald  & M aynard,
D raw er 480,

C larksdale, M ississippi.

Re: Noelle M. H enry v. Coahoma County B oard of 
Education, e t al.

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

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

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

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



36

If you have any problem s w ith any of our co rrec­
tions, do not hesita te  to call me collect about them . 

Sincerely,
DERRICK A. BELL, JR ., 

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

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

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

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

Filed M ar. 19, 1964.

(Title O m itted .)

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

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

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

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



37

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

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

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

Page 16—F ourth  line—“ . . . we don’t  chose” should 
read  “we don’t  choose.”

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

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

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

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

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

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

Page 52—Second answ er—“Club Scouts” should 
rea,d “Cub Scouts.”



38

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

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

Page 63—F ifth  line on page read e  “for m ora l 
conduct,” should read  “for im m oral conduct.”

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

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

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

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

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

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

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



39

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

Page 102—Statem ent of Mr. Bell, first paragraph, 
should read: “I think, Your Honor, it  is going to be 
n ecessa ry  for us to ge t into the record  w hat every ­
body knows in regards to segregation and the desire  
of the e lectors in Coahoma County to m ain ta in  seg re ­
gation .”

P ag e  115—F ir s t  answ er, “m oral c h a rg e” should 
read  “m orals ch arge .”

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

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

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

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

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

1251/2 N. Farish Street,
Jackson, M ississippi.



40

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

A ttorneys for P lain tiff.
10 Columbus Circle,

New Y ork 19, New York.

D ated: M arch 16, 1964.

F iled  M ar. 19, 1964.

M aynard, F itzG era ld  & M aynard 
L aw yers

Clarksdale, M ississippi

M arch 18, 1964

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

C larksdale,
M ississippi.

D ear M elita:

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

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

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



41

sidered  official w ithout the signatu re  of the Court 
rep o rte r.

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

Very tru ly  yours,
MAYNARD, FITZGERALD & 

MAYNARD,
By WM. H. MAYNARD.

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

Tupelo, M ississippi.

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

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

SUGGESTED CORRECTIONS TO BE MADE IN 
TRANSCRIPT O F TESTIMONY.

Filed  Mar. 19, 1964.

(Title Om itted.)

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



42

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

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

“It is likew ise agreed th a t the  C larksdale Munici­
pal S epara te  School D istric t, w hich is the only school 
district o ther th an  the  Coahom a County School D is­
tr ic t  w ithin Coahoma County, M ississippi, has te r ­
rito ria l boundaries co-extensive1 w ith said  City of 
C larksdale, M ississippi” .

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

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

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



43

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

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

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

On Page 35 the second question should read as follows:

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

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

On P age  81 the la s t line should read:

“And a t no tim e did the S uperin tendent or the 
B oard of E ducation  refuse to renew  her contract”.

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

“ In  M arch of la s t y ear h er husband w as convicted 
of a  m orals charge” .

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



44

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

You will notice th a t the suggested  change substi­
tu tes  the w ord ' ‘S uperin tendent” for the tran scrip t’s 
w ord “w hites”.

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

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

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

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



45

perin tenden t of Education did not recommend to the 
B oard of E ducation  that it re-em ploy the plaintiff, 
and under the law  of M ississippi in a county wide 
school d istric t such as the one involved here, it is 

n ecessa ry  before the Board of Education can  employ, 
or re-em ploy, a teacher tha t said  employment, or 
re-em ploym ent, be recom m ended by the S uperin tend­
ent of Education.

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

“That is our m otion w ith re ference  to the B oard”.

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

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



46

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

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

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

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

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

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



47

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

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

Of Counsel for the 
D efendants.

F iled  Aug. 14, 1963.

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

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

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

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

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



48

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

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

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

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

be sworn.

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

rig h t around here.

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

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

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

Courtroom ?

The Court:
Yes, they  m ay rem ain.

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

appear.



49

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

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

here  tha t would be sufficient.

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

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

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

law yer who can  move tha t fast.

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

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

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

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

the Court A ttorney D errick Bell of New York.

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



50

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

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

The Court:
Is it M orris?

M rs. M orris:
M orris.

The Court:
M orrison?

M rs. M orris:
M orris.

The Court:
Would you spell it, please?

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

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

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

Mr. Bell:
Yes, sir.

M r. Maynard:
Yes, sir, th a t is correct.



51

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

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

The Court:
A nything fu rth er to be taken  up before the first 

w itness is called?

Mr. Bell:
No, sir.

Mr. M aynard:
No.

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

plaintiff.



52

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

D irect Exam ination.

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

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

Mrs. M orris:
Your Honor, the gentlem en over h e re  by the w all 

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

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

table or to use the lectern  as you prefer.

Mrs. M o rris :
Thank you, Your Honor.

D irect E xam ination  (Continuing):

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

tional [5] background?



53

A. Well I received a R. S. D egree a t Jackson S tate  
College and I have done—

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

school too.

The Court:
Will you speak a  little  louder?

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

College and also Campbell College High School.

D irect E xam ination (C ontinu ing):

By M r. Bell:
Q. And now, you say  you have a B. S. D egree? 
A. I have, yes, sir.
Q. W here did you obtain th a t B. S. D egree?
A. O btained it a t Jackson, M ississippi.
Q. A nything fu rther?
A. And I did g radua te  in L atin  and English.
Q. Will you describe for the Court your teaching 

experience?
A. Well, I  had  five y ears  teaching experience in 

the city system  in Jackson.
Q. Beginning when?
A. B eginning in Septem ber of 1945 until May, 1950. 

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

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



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

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

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

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

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

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

I have difficulty in hearin g  w hat she is saying.

D irec t E xam ination  (Continuing):

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

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

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

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

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



55

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

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

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

y e a r I had  seventy-one, the next y ear I would have 
sixty or m ore. The size of my classes varied.

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

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

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

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

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

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

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

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

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



56

The Court:
All righ t. Go ahead .

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

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

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

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

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

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

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

going to ask—

The Court:
You a re  objecting?

Mr. M aynard:
Yes, sir.

The Court:
Objection is overruled.



57

D irect E xam ination  (C ontinuing):

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

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

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

experience?
A. No, th e re  w eren ’t.
Q. Now, w ere there  persons over the Principal? 

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

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

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

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

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

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

grade. W hat courses did you teach?



58

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

Q. W ere you involved in any ex tra -cu rricu la r ac ­
tivities o ther th an  the teach ing  assigned?

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

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

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

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

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

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

Q. Now. w hat tvoe of teaching con trac t did you 
receive from  the Coahoma County Board?

A. A one y ear teach ing  con tract.



59

Q. C an you describe the p rocedure followed in 
obtaining that contract? How were you informed 
each year? How did you apply each y e a r if th a t w as 
necessa ry  for this contract?

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

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

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

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

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

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

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

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

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

for b earsav  and the P rincipal of who is not a de­



60

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

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

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

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

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

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

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

W hite called me i n -

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

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



61

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

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

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

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

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

D irect E xam ination  (C ontinu ing):

By Mr. Bell:
Q'. Did you lea rn  a t th a t tim e why the Board would 

not go along?1
A. I did not.
Q. And, a t th a t point, did you take  any fu rth er 

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

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

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

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



62

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

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

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

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

to have a conference w ith  him?
Q. Was it g ranted?
A. Yes.
Q. W ould you give us the substance?
A. I called  Mr. H unter and he gave me a date  to 

ta lk  to him , and I told him th a t I had been inform ed 
by M rs. W hite tha t the B oard did not renew  my con­
tra c t  and I w anted  to know why and he said to me 
well, I w ant to say  th is th a t your con tract is not a con­
tinuous one, and we have it renew ed from  y ea r to 
y ear. Your IT61 contract ju s t w asn’t  renew ed for 
1962-1963. and he said  I don’t  know why the  board  
didn’t renew  your con tract; in going over the con­
tracts  w hen thev  got to vour nam e, th ey  said 
don’t choose to renew  th is one.

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



63

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

Board.
Q. Do you recall the date when you w rote this 

le tte r?
A. June  30.
Q:. Did you m ake a copy of the le tte r th a t you sent 

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

off firs t and m ake another. I keep the original copy.
Q. I would like to have th is m arked  as Exhibit 

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

The Court:
Let it be so m arked.

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

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

it. I

The Court:
All right.

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

ancy  th a t we have no objection.

The Court:
All right.



64

Mr. Bell:
I show you this le tte r  m ark ed  P la in tiffs  Exhibit 

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

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

of Education.

Mr. M aynard:
A ttorney Bell m ay have the photostat copy which 

appeared  to be a copy of Hhe le tte r  in troduced as 
P la in tif fs  E xhib it No. 1.

We have no objections.

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

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

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

and th a t one doesn’t  happen to be.

[18] Mr. Bell:
All right.

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



65

D irect E xam ination (Continuing):

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

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

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

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

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

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

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



66

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

Q. At th a t time w as th e re  any indications given to 
you by Mr. H unter why the B oard had  tak en  the 
action  th a t they  had?'

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

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

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

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

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

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

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

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

No. 2 for Identification.

The Court:
Let it be so m arked.



67

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

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

The Court:
All right.

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

[21] D irec t Exam ination (C ontinuing):

By Mr. Bell:
Q. I show you P la in tif fs  E xhib it No. 2 for Identi­

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

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

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

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

tion in  your office June 2,8 regard ing  a message I 
received  from  M rs. G eraldine W hite Negro Super­
visor of Coahoma County Schools.

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



68

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

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

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

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

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

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

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

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

from the Beard.
Q, Do vou recall the date of th a t  le tte r?
A. No. I don’t but I have th a t le tte r  here.

... —  -• -------------- ------

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

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

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



69

(Said docum ent w as m ark ed  P la in tiffs  E xh ib it 
No. 3 for Identification .)

Mr. M aynard:
We have no objection.

D irect E xam ination (Continuing)

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

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

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

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

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

“The B oard feels th a t the term s of the contract » ‘
were fulfilled and th e re  is no need for fu rth er ne­
gotiations.

V ery tru ly  Yours, P au l M. H unter, S ecre tary , Coa­
homa County B oard of E ducation .”
[24] Qi. Did you receive any fu rth e r action on 
your contract from  the Board?

A. I did not.
Q. Mrs. H enry—



70

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

identification.

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

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

■evidence?

Mr. Bell:
I don’t know, Your Honor.
If it is read  into the record  and it doesn’t c lu tte r 

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

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

ducing them  into the record  if it isn  t we in tend to 
and—we w ant th a t le tte r  in the record  if the Court 
p lease.

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

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

The Court:
L et them  be received.

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



D irect E xam ination  (C ontinuing):

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

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

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

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

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

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

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

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

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



72

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

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

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

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

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

time th a t your hujsband spfends w ith the various 
duties of the N .A .A .C.P.?

A. Well, he spends quite a b it of time w ith the
N.A.A.C.P.

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

far as the investigation  into the school system  is 
concerned?



73

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

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

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

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

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

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

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

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

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

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

P erh ap s in 1953 and I took out m em bership every  
y ear except the te rm  of 1961-1962.

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

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

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



74

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

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

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

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

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

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

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

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

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

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

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

w ith the year we' s ta r ted  filing them.
I am not sure of th a t year, but I did it each y e a r 

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



75

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

I w asn’t a m em ber that y ear. It had not been re ­
newed. The S ecre tary  had failed to pick up my mem­
bership and I didn’t bother to put it down because 
it h ad n ’t been renew ed.

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

A. T hat is right.
Q. H ave you received any fu rth er w ord from the 

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

A. No, I haven’t.
[31] Q. H ave you received  any fu rth er word from 
the Coahom a County Board concerning the teaching  
contract in the fu tu re?

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

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

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

A. S tate  th a t again, please.
O. Are vou a t all fam ilia r w ith the program  of 

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

A. Yes, I am.
O. P u rin e  this period has the N.A.A.C.P. issued 

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



76

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

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

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

gram , she certain ly  is com petent.

The Court:
I reserve  ruling.

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

D irect E xam ina tion  (C ontinuing):

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

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

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

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

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

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



77

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

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

A. No, it h asn ’t.

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

The Court:
You m ay cross-exam ine.

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

The Court:
Do you need a recess?

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

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

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

The Court:
You m ay be seated .

Cross Exam ination.

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

la s t contract of employment w ith the  Coahoma Coun­



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

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

[34] Q. And, served  ten  consecutive y ears?
A. Yes, sir.
Q. W ere each of the contracts substan tia lly  the 

sam e not identically  the sam e form  except for the 
form ?

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

for a renewal?
A. No.
Q. You en tered  in the la s t con tract for the school 

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

you?
A. T hat is right?
Q. I t w as properly  executed by the  Superintendent 

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

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

purposes, Your Honor.



79

The Court:
Let it be so m arked.

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

Q. D uring each y ear of your contract—

Mr. B ell:
May we see it please?

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

Cross Exam ination (Continuing):

By Mr. M aynard:
Q. D uring each  of the eleven y ears  w ith  the Coa­

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

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

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

th is tim e?
A. Yes, sir.

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

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



80

Q. I hand you here  w hat has been m arked  Defend­
a n t’s E xhib it No. 1 for your testim ony  for purposes 
of identification  and ask you if you a re  fam ilia r w ith 
it. W ait a  m inute, th a t  is not the original, excuse me, 
Your Honor.
[3’6] I ask you if you a re  fam ilar w ith th a t con­
trac t?

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

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

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

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

A. It expired  the end of the school te rm  in 1962. 
Q. Which would be some tim e?
A. In  M ay of 1962.
Q. In M ay of 1962 and the school D istric t lived up 

to  all the term s of the contract?
. A. Yes, they  did.
[37] Q. Did you comply w ith all yours?!

A. Yes, I did.
Q. We would like to have it, D efendants E xh ib it 

No. 1 in troduced into evidence.



81

The Court:
Let it be introduced.

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

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

The Court:
Anything on R edirect?

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

Ball.

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

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

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

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

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

The Court:
You m ay proceed.



82

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

Mr. M aynard:
We u n d erstand  th a t L illian Johnson w as the other 

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

Mr. Bell:
Sorry, Y our Honor. They are unfam iliar w ith the  

procedure.

D irect E xam ination .

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

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

count your tra in in g  and your educational background?
A. I g radua ted  from  Jackson  State Cqllege' in  

1954 receiving a B. S. D egree and I did fu rther study 
tow ards a M. A. D egree a t Jackson  State.

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



83

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

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

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

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

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

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

fore serving as a P rincipal?
A. Yes.
Q. W hen w as th a t?
A. I f irs t s tarted  teaching  in 1954 for two months 

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

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

A. T have teaching duties, I am  a teach ing  P rinci­
pal.
[41] Q. W hen you w ere P rincipal a t the McCloud 
School, do you recall how m any teachers th e re  w ere 
assigned to you?



84

A. There w ere ten  teachers assigned to me w hen 
I became Principal of McCloud J r . High School.

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

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

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

pal of the McCloud J r . H igh School.
Q. Now, as P rincipal is it your duty to partic ipate  

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

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

going to be your teachers  for the following year?
A. I said to recom m end the  te ach e r to w ork a  the  

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

tion and how do you—

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

em ploym ent and to be em ployed.

Mr. Bell:
It w asn ’t  clear.

The Court:
Isn’t th a t what you said?

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



85

D irect E xam ination  (C ontinuing):

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

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

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

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

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

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

The Court:
He h as  a lreadv  answ ered  th a t p a rt. It w as based 

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

The W itness:
It is based  on the w ork cooperation and just the 

quality of the teacher.



86

D irect E xam ination (C ontinuing):

By Mr. Bell:
Q. W ell tak ing  one of those a t a time, on the a s ­

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

A. In the cooperation in our school system , th e re  
a re  a num ber of duties tha t a re  assigned  to the te ach ­
e rs  tha t help to prom ote the school program  th a t 
doesn’t necessarily  take p lace w ith in  the  classroom  
such as supervision of the children in the p layground 
or in the classroom . O ther supervision in the bus or 
so fo rth  th a t is the  type of things, and the e x tra -cu r­
ricu la r teach ing  w ork w ere to help to prom ote the 
group.

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

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

A. There is no special form th a t we use. We ju st 
lis t the teach e rs  and say I recommend the following.

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

A. Yes, separa te ly .
Q. Separately?
A. Yes.
Q. Now. you indicated  th a t M rs. Noelle H enry w as 

a teacher in the system  w hen you came. W as the firs t 
y e a r w hen you had an opportunity to pass on h e r as



87

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

A. Yes.
Q. You would be passing  on her for 1961-62 ?
A. That is the firs t y ear I w orked w ith her. That 

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

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

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

m ending her a t that time?
A. The basis w ere the sam e as for the o ther te ach ­

ers on the quality  of the  work. I said  the sam e thing 
th a t I judged the o ther teachers  on.

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

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

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

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

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

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

th e re  w ere ten  teachers  assigned to you in the Mc­
Cloud School?

A. Yes.



88

Q, Do you recall w hether during m aking  the reco rd  
of 1962-63 school y ear, w as th e re  any teach e r th a t you 
did not recom m end for nex t y ear?

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

not recom m ended?
A. Four.
Q. To your knowledge, a re  any of the teachers  th a t 

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

A. Yes.
Q. What num ber of the four taugh t?
A. To my knowledge, th ree . I cannot say  about 

the o ther one.
Q. Now, as to the th ree , w hat w as your basis for 

not recom m ending them ?

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

irre levan t.

[471 The Court:
W hat is the re levancy  of this?

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

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

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

m end.



89

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

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

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

four and th ree  of them  w ere employed.

Mr. Bell:
And th a t is correct.

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

them?

Mr. Bell:
T hat is right.

The Court:
W hat relevancy does th a t have?

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

fa r  as he set for efficiency and cooperation. I want 
to know w hether he—they had  not m et the  s tan d ard s  
of efficiency or cooperation or w hether there  had been 
some other reason.

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

the question.

[48] The W itness:
Would you rep ea t the question?



90

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

The Court:
R estate  your question.

Mr, Bell:
As to the  th ree—

The Court:
As to the four.

Mr. Bell:
The question, Your Honor, is to the three.

D irect E xam ination  (C ontinuing):

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

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

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

not sure taught in the school y ea r or not, w hat is your 
b asis  of not recom m ending her?

A. E xcessive absen tism  and m o ra l conduct.
Q. Now, is it co rrect, Noelle H enry w as recom ­

m ended by you for the 19’61-62 and also for the 1962-63 
school years?

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



91

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

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

Mr. Bell:
I th ink ju s t going back  over his. testim ony—

The Court:
I think I have p re tty  well in mind w hat w as said. 

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

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

Mr. M aynard:
He already  testified  to tha t.

The Court:
He testified  th a t he recom m ended  her for the two 

y ears  and he only had  to pass for qualifications.

Mr. Bell:
All right, Y our Honor.

D irec t E xam ination (C ontinuing):

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

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

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



92

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

Q. How would you ra te  her as a  teach er?
A'. I would ra te  h e r among the b est th a t w ere a t 

McCloud a t th a t p articu la r time.
Q. Now, to your knowledge, w as M rs. H enry—did 

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

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

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

tious.

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

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

Mr. M aynard:
C ertain ly  not on our p a rt, Your Honor.

Mr. Bell:
All righ t, Y our Honor.

D irect Exam ination (C ontinuing):

By Mr. Bell:
jQ. W hen you p rep ared  the lis t of recom m enda­

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

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



93

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

cussions about your action on the recom m endations 
taken?

A. Yes.
Q. In your experience, have any of your recom ­

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

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

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

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

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

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

A. I had  not a t th a t time.
[521 Q. Did you m ake any reason , did you know 
w hat the reasons w ere why she hadn ’t be h ired?

A. No, I didn’t.
©. Would you briefly—review  the ex tra -cu rricu la r 

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

A. The la s t y ea r th a t she worked a t McCloud, she 
w as a Den M other for the Cub Scouts which w as a1 
dutv assigned to her.



94

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

Q. In  your opinion, did she perform  these  duties 
in  a sa tisfac to ry  fashion, these  ex tra -cu rricu la r 
duties?

A. Well, yes, she got resu lts  from  all the  clubs she 
w orked with.

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

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

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

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

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

teacher th a t comes in.
Q. W as M rs. H enry teach ing  a p a rticu la r grade 

w hen she taugh t?
A. Yes.
|Q. W hat one?
A. Third.
Q. W as the new teach e r teach ing  th a t grade?



95

A. She w as teaching the first, second and th ird . 
She taught the th ird  too.

Q. I take it th is next y e a r you w ere in a d ifferent 
school?

A. I w ent back  to the sam e school, but since the 
[54] school had  begun to consolidate, a num ber, of 
teachers  w ent to ano ther school. I w as left w ith one 
teach e r for the first, second and th ird , th a t is why one 
te ach e r had  to take  th ree  grades.

Q. W hat is th a t teach e r’s nam e?
A. G eorgia R ichardson.
Q. Are you fam iliar w ith the teaching experience 

she had  p rio r to coming to you?
A. I am not fam iliar w ith the  exact amount. I am 

not fam ilar w ith  the  exac t am ount.
)Q. Can you tell me how much experience she had? 
A. She is a re la tive ly  new teacher in the teach ing  

field.
Q. Would it be one or—Strike th a t please.

Mr. Bell:
We have no fu rth e r questions of th is w itness.

The Court:
You m ay cross exam ine.

Mr. M aynard:
We have no questions, Y our Honor.

The Court:
You m ay stand down.

(W itness excused.)

[55*, The Court:
You m ay  call your nex t w itness.



96

Mr. Bell:
We call M rs. G eraldine W hite.

[56] GERALDINE WHITE, the w itness having been 
duly sw orn in th is  case, testified  as follows:

D irect Exam ination.

By Mr. Bell:
Q. Will you s ta te  your full nam e?
A. My nam e is G eraldine W hite.
Q. And your Residence?
A. My residence is 725 F lo rida  S treet, iClarksdale, 

M ississippi.
Q. And your race?
A. W hat?
Q. W hat is your race?
A. Negro. I am an  A m erican Negro.
Q. M rs. W hite, w ere you subpoeanaed to come here  

and testify?
A. Yes, I w as subpoeanaed to appear here  th is 

m orning.
Q. All right, te ll the Court w h a t your occupation 

is?
A. I am  em ployed as Gen Supervisor of the N egro 

Schools of Coahoma County, M ississippi.
Q. Now, how long have you held th is position?
A. Since Ju ly  1, 1960.
I w ent as a ss is tan t Supervisor Ju ly  1, 1960 and I 

assumed full duties Ja n u a ry  1, 1961.
[57] Q. Did you have any previous experience in 
the  field of education p rio r to th a t time?

A. Yes, I served  n ineteen  y e a rs  as Supervisor of 
P ano la  School D istrict, M ississippi.



97

|Q. Now, how m any schools a re  you Supervisor of?
A. There a re  ten  schools in the Coahoma County 

School System.
Q. A pproxim ately  how m any  teachers?
A. We have 161 tha t is including the Principals.
Q. Now, a re  these schools—w hat is the race  of 

the children who a re  assigned to th is system ?
A. They a re  A m erican Negro children.
Q. W hat is the race?
A. A m erican N egroes.
Q. In your capacity as the Supervisor, have you 

occasion to pass on the recom m endations of teachers 
m ade by the P rincipals  in your schools?

A. Yes, the p rinc ipals b ring  in th e ir recom m enda­
tions and I accept them.

Q. How frequently  is th is done?
A. T hat is done each  y ear before school closes.
(Q. I see. Are you fam iliar w ith M r. C harles Ball?
A. I am.

[58] Q. Is he employed in the school system ?
A. He is employed in the Coahom a County School 

system .
Q. He is Principal of the Lulu Elementary School?
A. He is P rin c ip a l of the Lulu E lem entary  School.
Q. H ad he held any position p rio r to tha t?
A. Yes.
|Q. W here?
A. At the  McCloud School a t th a t tim e it w as a J r . 

High School.
Q. Are you fam iliar w ith w hether or not teaching 

at the McCloud School, there was a Mrs. Noelle, Henry?
A. Yes.
Q. Do you reca ll w hether or not she w as teaching 

in th a t school w hen you came into the system ?



98

A. She w as teaching then, w hen I came in to the 
Coahom a County System.

Q. Do you reca ll w hether or not the P rincipal, Mr. 
Ball, had  M rs. H enry among those he lis ted  for recom ­
m endation?

A. Yes.
Q. D uring each  tim e?
A. Yes, h e r nam e w as on the  list.
IQ. Did you ever question any of the recom m enda­

tions based  by Mr. Ball?
[59] A. No, I do not question the recom m enda­

tions because the P rincipal discussed w hat they  a re  
going to do.

Q. D iscussed w ith you and w ith the te ach e rs  and 
w ith—

A. W ith the teachers  and w ith  me.
Q. And, w hen they  bring  in th e ir  recom m endations, 

they  have brought it  in?
A. Yes.
Q. Do you have personal knowledge as to the qual­

ity of teach ing  perform ance of M rs. Noelle H enry?
A. Well, I observed her w hen I would go to the 

school and alw ays found her classes very  in te restin g  
and I would go in and sit and listen  to how she would 
teach and how the ch ildren  would respond and thought 
it w as v e ry  quiet in h e r room and I thought she kep t 
a very  good classroom .

Q. A re you fam iliar w ith h e r participation  in the1 
ex tra  cu rricu la r school activities?

A. Yes, I  am.
Q. W hat is your im pression of h e r perform ance?
A. I thought she w as very  good.
She w orked w ith the T ri Hi-Y and th a t always w as 

ve ry  good. The young people respec ted  h e r very  much,



99

and w hen they  had  to  ra ise  th e ir finances, they  a l­
ways cam e up very  well w ith th e ir finances.
[60] Q. H ave you ever received  any rep o rts  from  
the P rincipal of d iscip linary  action th a t he had  to take 
ag a in s t M rs. H enry?

A. No.
Q. H ave you ever had  to take  such action?
A. No.
Q. Now, w hen the P rincipal, M r. Ball, recom ­

m ended M rs. H enry for the 1962-63 school year, w hat 
did you do w ith th is  lis t of recom m endations th a t con­
ta ined  h e r nam e?

A. We tu rned  these recom m endations—I tu rned  
them  into the S uperin tendent and he brings them  to 
m e and I tu rn  them  into the  Superintendent.

|Q. W hat w as the next action th a t you h eard  had 
been taken  in re g a rd  to the recom m endations of Mr. 
Ball th a t M rs. H enry  be given a new con trac t for 
1962-63 school y ear?

A. Well, the Superin tendent inform ed me th a t the 
Board did not see fit to renew  M rs. H enry’s contract.

Q. On w hat occasion w ere you inform ed of this?
A. I don’t  rem em ber the exac t date. Well, it  w as 

som etim e in the la tte r p a r t of—around the la s t of 
May, I believe.

Now, I don’t rem em ber the  exac t date. I w ent in for 
a conference and he told me tha t the B oard [61] 
did not see fit to renew  M rs. H enry’s contract.

Q. Did he indicate why the B oard did not see fit 
to renew  h e r con tract?

A. No, he d idn’t.
O. W hat did you do w ith th is inform ation?
A. He asked me to inform  M rs. Henry.
Q. Did you do tha t?



100

A. He w as my superv isor and I do w hat he says. 
Q. And, did M rs. H enry m ake any request of you 

in reg a rd  to the co n trac t a t th a t  point?
A. No, I don’t—she d idn’t, no, she didn’t  m ake any 

request to me for a con trac t because I had  no au­
tho rity  to give a con tract.

Q. Would you explain  to the Court w hether or not 
you had  any reactions or feelings w hen you learn ed  
th a t the contract of M rs. H enry  had  been—had not 
been renew ed?

Mr. Wells:
We object to th a t as being com pletely irre lev an t 

and im m aterial.

The Court:
Objection is sustained.

Mr. Bell:
Ju s t one second, Your Honor, 

r—
[62] D irect E xam ination  (C ontinuing):

By Mr. Bell:
Q. Now, you indicated, M rs. W hite, it w as 1962-63 

school y ear M r. Ball had  recom m ended th a t M rs. 
H enry be reh ired , w ere th e re  any teach e rs  th a t M r. 
Ball did not recom m end for reh iring  for the  y e a r 
1962-63 if you rem em ber?

A. T here was one person. One person  w as not r e ­
h ired  at th a t p a rticu la r school.

Q. Can you rem em ber w hether she w as recom­
m ended by Mr. Ball?

A. No, she w asn’t.
Q. Do you recall why she w as not reh ired?



101

A. Yes, I do.
Q. W hat w as the reason?
A. The reason  w as she—well, her conduct.

Mr. Wells:
If the Court please, we a re  going to object to this 

line of question. The question w as, “Will you give the 
reason  for which she was not re h ire d ? ”

Mr. Bell:
If th a t  w as the form, I am sorry . I wanted to know; 

why she w as not recom m ended by the Principal.

The Court:
That w as the form.

Mr. Bell:
We w ant to know why the P rincipal did not recom ­

m end her.

[63] The Court:
I th ink  th a t the objections is well taken . I th ink it 

was in—fa irly  well in  the  record  and the W itness 
Ball who w as not re—th a t W itness Ball did not rec ­
ommend the teacher to be reh ired  for im m oral con­
duct or im proper conduct.

Mr. Bell:
Then let me ask this question to clear it up Your 

Honor.



102

Mr. Wells:
Q. Did you concur in the action tak en  by the P rin c i­

pal in regards to these  four persons not being recom ­
m ended?

Mr. Wells:
We object to th a t because the duties of a Supervisor 

do not include the recom m ending or h iring or not 
hiring of a  teacher in  th is  system .

Mr. Bell:
She has a lread y  testified  th a t she does in fac t sit 

down w ith the  P rincipal a t the tim e they  p rep a re  the 
recom m endations and review  w ith them  the action 
they  take  and come to som e agreem ent on it.

The Court:
And she has not in h er Supervisory  capacity  reasons 

for employing or term ination  of em ploym ent and she1 
has testified  in  addition to tha t. The objections a re  
therefo re  well taken .

[64] Mr. Bell:
The s ta tu te  m ay not give her—- 

The Court:
I have ru led  on the objections.

Mr. Bell:
All righ t, Y our Honor.

D irec t E x am ina tion  (C ontinuing):



103

D irect E xam ination  (C ontinu ing):

By Mr. Bell:
Q. As the Supervisor of the Negro Schools, do you 

know w hether or not any of the teach e rs  who w ere 
not recom m ended by Mr. Ball w ere assigned to other 
schools in the system ?

A. Yes.
Q. How m any of such teachers?
A. I believe it w as—I think it w as four. I don’t  

know. I th ink  it w as four.
Q. In your experience as the Negro Supervisor, do 

you reca ll any other teacher who w as recom m ended 
by the P rincipal to be h ired  which recom m endation 
you passed  on to the Superin tenden t in which the 
teach e rs  recommended w ere not reh ired?

A. Would you re s ta te  th a t again?
Q. In your experience w ere there  any other teach ­

ers who w ere recom m ended by the  Principals to be 
reh ired  who w ere  not reh ired  by the Superintendent 
and the Board?
[65] A. Well, I don’t recall any others.

Q. Ask—Ju st a m om ent, p lease.
I will ask  you a few  m ore questions. There is some 

confusion.
Can you explain  as to these  te ach e rs  who Mr. Ball 

did not recom m end w hether or not w hat he did w as 
to recommend th a t they  not be re tu rn ed  to his school 
or w hether he recommended they  not be re tu rn ed  to 
the system ?

A. Coahom a opera tes a school system . A teacher 
in the system may be assigned to any other school. 
Possibly if she doesn’t  get along w ith the P rincipal 
here, he doesn’t m ean th a t the  person be fired, he



104

m ay be tra n sfe rred  to ano ther school w here he gets 
to w ork under ano ther P rincipal and gets along well 
there  and not do well in  here, so we w ork on the 
system  basis.

Q. As to these people he did not recommend to 
be re tu rn ed  to his school under the policy of the Coa­
homa B oard, they  would be assigned to ano ther school, 
is th a t correct?

A. Yes.
Q. And is it also correct;—

[66] The Court:
I understood him  to testify  that he recom m ended 

th a t four of them  not be re-em ployed. I understood 
the w itness B all to so testify .

Mr. Bell:
Well, I had  a so rt of m ixed situation of the recom­

m endations he made.

The Court:
I am not su re  she m ade evidential knowledge c lear 

on this. Let m e ask  her.
Do you know w hether in fact th a t these  form s w ere, 

to be term inated  or be recom m ended they be tra n s ­
ferred?

The W itness:
He recommended th a t these  people be tra n sfe rre d  

to ano ther school. When—they w ere giving him a lot 
of trouble in th a t p a rticu la r school and th a t was his 
recom m endation.



105

The Court:
In  o ther words, th is recom m endation  to one was 

m ade because of im m oral conduct?

The W itness:
T hat is right.

The Court:
Did he recom m end that teach e r be tran sfe rred ?
A. No, he did not. There w ere o ther teachers, I 

believe, th e re  w ere four of them. I th ink four of them  
who w ere recom m ended. He ju s t didn’t  w an t them  to 
w ork w ith  them, to w ork w ith him, Mr. Ball.

The Court:
I understand .

[67] The Witness!:
Of course a person w ith immoral conduct w as not 

considered in the system.

The Court:
You th ink one for term ination  and about four as you 

recall for tran sfe r?

The W itness:
That is right.

Mr. Bell:
All righ t I th ink  we have no fu rth e r questions of this 

w itness.

The Court:
Any cross exam ination?



106

By Mr. M aynard:
Q. How long have you been Supervisor of the 

Colored Schools?

The Court:
She testified  since the firs t of July, 1960. She had 

been  w ith the system , been Supervisor since the firs t 
of January , 1961.

Mr. M aynard:
We didn’t  h e a r tha t, Your Honor. Thank you.

The Court:
You m ay  stand  down.

(W itness is excused.)

You m ay call your next w itness.

Mr. Bell:
We call M rs. L illian Rogers Johnson.

Cross Exam ination.



307

[68] LILLIAN (ROGERS JOHNSON, the w itness 
having  been  duly sw orn in th is case, testified  as fol­
lows:

D irect Exam ination.

By Mr. Bell:
Q. Would you state your full nam e to the Court?
A. L illian Rogers Johnson.
Q. Mrs. Johnson, what is your residence?
A. 519 F lo rida  Avenue, C larksdale, M ississippi.
Q. And will you s ta te  your race  please?
A. Will I state  w hat?
Q. W hat race a re  you?
A. W hat race?
Q. W hat is your race?
A. Oh, I am Negro.
Q. W hat is your occupation a t the p resen t time?’
A. I am retired .
Q. W hat?
A. R etired .
Q. P rio r to your re tirem ent, w hat w as your oc­

cupation?
A. I was Supervisor of schools in the Coahom a 

County, M ississippi.
, |Qj. How long did you hold th a t position?
169] A. Nine y ears  and four m onths.

Q. Do you have any previous teaching  experience 
before tha t?

A. I w as Supervisor in Sunflower County prior to 
th a t tim e  for tw elve y ears  and t w as classroom teach ­
er for ten  y ears, then  I had  one y e a r of experience 
betw een the Supervisory w ork a t Sunflower and Coa­
homa County when I w as on the faculty of R uss Col­
lege.



108

Q. Then you have a to ta l of how much teaching 
experience  w ith the experience in the educational 
field?

A. Classroom work plus Supervisory work?
Q. T h a t is right.
A. Forty-one and half y ears .
Q. W hen did you indicate th a t you re tired?
A. Jan u a ry  1, 1961.
Q. Now, do you reca ll w hether or not while se rv ­

ing as Supervisor in the Coahoma County schools you 
played any p a rt in recom m ending teachers to be re ­
h ired  from  y ear to y ear?

A. Well, I would say  indirectly  not exactly recom ­
m ending them . The P rincipals recom m ended them , 
the P rincipals  [70] recom m ended them . I only served  
as a clearing house to the S uperin tenden t’s office. I 
review ed all the recom m endations and then  passed  
them  to the  S uperin tendent of Education.

Q. Do you recall an individual nam ed C harles 
Ball?

A. Yes, I do. .
Q. W as he employed in the Coahoma County Sys­

tem?
K .  Yes, he was.
O. In w hat capacity?
A. He was Vice P rincipal of the Lulu School and 

then  he w as asked to go to the McCloud School as 
P rincipal because we lost a Principal th e re  and we 
didn’t  have tim e to find ano ther and we ask  him to 
go to th is school as P rincipal.

O. At. th is McCloud School, do vou recall w hether 
there  w as a teach er by the nam e of Noelle H enry .

A. Yes.
Q. Do you w hen she cam e in th is  system ?



109

A. Novem ber of 1950.
Q. D uring the time th a t you w ere Supervisor and 

during  the tim e tha t M rs. H enry w as teach ing  in the, 
Coahoma School, did you ever have an opportunity  to 
observe her in the classroom?
[71] A. Yes.

Q. W hat w as your opinion as to h er teach ing  caipa- 
abilities?

A. According to our evaluation  of teach ers  and 
evaluation  of teaching experts  we thought she w as 
one of the best not only in Coahoma County but in the  
S tate  of M ississippi.

Q. A re you fam iliar a t all w ith h e r ex tra -cu rricu la r 
activity  or w hether or not M rs. H enry partic ipa ted  
in the ex tra-curricu lar activities?

A. Yes.
Q. Did you have an opportunity—opinion as to the 

quality  of her perform ance in these ex tra -cu rricu la r 
activ ities?

A. Well, she w as one of the best. She w as one of 
the advisors of Tri Hi-Y Club and during th a t tim e 
w hen they  had  to have funds to operate and to go to 
m eetings, she w ith her Tri Hi-Yers ra ised  money in 
various ways. One way w as th a t they had a  farm . 
They had  a  little  patch th a t one of the w hite neighbors 
let them  use. I believe it w as a w hite neighbor.

T hat w ay they ra ised  corn and peanuts and bu tter- 
beans and sold them  to the people in the [72] com­
m unity and so forth  for raising m oney to take  these 
young people to the T ri Hi-Y conference.

Q. W ere they  all a fte r school activ ities?
A. Yes, it w as in the sum m er when they  had the 

crop.
Q. Do you recall who w as the Superin tendent when 

Mrs. H enry came into the system ?



n o
A. Mr. L. L. Bryson.
Q. Do you reca ll how long Mr. B ryson w as in the 

school system ? I
A. Mr. B ryson served, I believe, tw elve y ears.
Q. Do you recall who w as in the school system  a t 

the end of tha t period of the school period?
A. At the end of Mr. B ryson’s term , P au l H unter. 
Q. P au l H unter?
A. He w as sw orn in Ju ly  1, 1960.
Q, Now, did M rs. H enry receive recom m enda­

tions to be reh ired  by the P rincipal under whom she 
worked during each of the y ears  she w as signed while 
you w ere Supervisor?

A. Yes.
Q. Did you ever have any opportunity  or reason  

to discipline or rep rim and  Mrs. H enry yourself dur­
ing th is  period?
[73] A. Well, th e re  w as no need to rep rim and  her.

Q. Do you recall any P rincipals under which she 
worked while you w ere Supervisor rep rim and ing  or 
disciplining her?

A. Well, I don’t know about tha t. They never re ­
ported  any.

Q. Do you recall there  w as any difficulty in getting 
M rs. H enry recom m ended by the school S uperin tend­
ent to be reh ired  for any p a rticu la r y ear?

A. No, th e re  w as a question. A question came up 
reg ard in g  her con tract for two different times, but
she w as given a contract.

Q. Will you te ll us w hat the firs t occasion w as when
th ere  w as any difficulty?

A. The firs t occasion w as when the Superin tendent
said  to m e. asked ra th e r—



I l l

Mr. Wells:
If the Court please, what Superintendent is she re ­

ferring  to?

The W itness:
Mr. L. L. Bryson, I am sorry.

M r. Wells:
Objections to the m atte rs . Mr. Bryson is not a 

p a rty  to th is law  suit.

[74] The Court:
I re se rv e  ruling. The w itness m ay answ er.

D irect E xam ination  (Continuing):

By M r. Bell:
Q. Would you indicate in addition, w hat year th is 

was w hen th is problem  came up?
A. I th ink  it w as 1956.
Q. I see. Now will you describe w hat the nature 

of the problem was?
A. Well, in 1956 the leg islature in M ississippi 

passed  a law  requ iring  all teachers  to fill out affi­
davits to file these b lanks listing all the organizations 
to which they  belonged or to which they contributed 
and these  b lanks had  to be notorized and so th is blank 
from th is teacher had h er organizations listed and 
Mr. Bryson who w as Superin tendent of E ducation  a t 
th a t tim e—ju st about th a t time a petition w ent to the 
School Board or City of Clarksdale for integration 
and Mr. Bryson called me and asked m e if any of the 
w ives of the m en who signed that petition  w ere teach­
ing in  th a t county school system , and I told him, 
three.



112

He asked who they  w ere and I told him  th e ir [75] 
nam es.

Q. W as one of these  nam es Mrs. Henry?
A. Yes, the next m orning he cam e down and said  

you reported  on the telephone th a t th ree  w ives of the 
m en who signed the petition  a re  teach e rs  in the coun­
ty , and I said, yes. He said  I had  a call about it and 
I don’t know about it about th e ir being h ired  and I 
said, Well, Mr. Bryson, you a re  the Superin tenden t 
of Education and it is your responsibility  to m ake a  
decision, but as a, w orked in the county who’s tr ied  
to be loyal to the  system , I fe lt I should advise you 
and I said, If I was in  your place, I would not take 
any steps for th ree  reasons.

The first, all th ree  a re  good teachers. The second, 
I don’t  feel they ought to be held responsible for what 
th e ir husbands have done, and the th ird  reason, that 
they  have contracts signed by you and if they  a re  
dropped, they  would go to Court and I feel a law  su it 
would do m ore h a rm  for us and these teach e rs  who 
a re  good teach ers  th an  to go on.

He ju s t sa t th e re  for a while and then  he left the of­
fice.
[76] Q. Well, did you ind icate  th a t he w as con­
sidering not reh iring  these teachers?

A. T hat is w hat he m eant the firs t time tha t w as 
w hen th is petition  w ent in.

The second time, I had been aw ay on vacation and 
w hen I cam e back the contracts w ere not signed. 
He said  he would come down and ta lk  to m e about 
th is teacher, M rs. H enry’s con tract. He thought we 
b e tte r give it a clause in th e re  th a t this teach er can 
be given two w eeks notice for any cause.



113

Q. Now, a t th a t time the  contract w as w aiting to  
be signed, w as the affidavit th a t you described at­
tached on the back?

A. The affidavit—the leg isla tu re  passed a law  th a t 
it w as m an dato ry  th a t the affidavit be a ttached . It 
w as ag ain st the law  for the Superin tendent even to 
sign a con tract unless the affidav it was attached.

Q. Do you recall w hether or not the affidavit which 
was a ttached  to Mrs. H enry’s contract listed  the 
N.A.A.C.P. as one of the organizations in which she 
is a mem ber?

A. Yes, she had  listed  the N.A.A.C.P. and when he 
m entioned th is clause, I said  again, you a re  the Super­
in tenden t of E ducation  and it is your responsibility  
to make a decision, but I feel th a t if you th ink  you 
have [77] put in a clause like that in her contract, 
it would be best to put it in the con trac ts  of all the 
teachers  in the county.

Q. And, w hat action w as finally taken  in reg a rd  
to the clause?

A. Well, he sit down th e re  and just looked into 
space and he took the pin and signed the contracts.

Q. W ithout the clause?
A. W ithout the  clause.
Q. W ithout the special clause?
A. Oh, yes. There w asn ’t  any clause. He said it 

m igh t be better, be wise to put one in there  and I 
said  to him, if you feel you should put it in h e r con­
trac t, I feel it would be be tte r to pu t it in all the con­
trac ts  of all the teach e rs  of the county and then, he 
sit th e re  awhile and got up and left.

Q. D uring the time while you w ere Supervisor, did 
you have occasion to review  the affidavits th a t were 
subm itted by the Principals th a t had been p rep ared  
by the teachers?



1 1 4

A. Yes.
Q. Do you recall w hether there  w ere o ther indi­

viduals who listed  the N.A.A.C.P. as an  organization 
to which they  belonged?
[78] A. I rem em ber th e rd  w ere two or thre;e. I 
am not positive if it w as one or th ree . There w ere a 
few I suppose and I could say  few in reg a rd s  to two.

Two said  they w ere form erly m em bers of the 
N.A.A.C.P.

jQ. I see. Did anyone else o ther th an  M rs. H enry 
indicate th a t they  w ere previously m em bers of the  
N.A.A.C.P.

A. No.
Q. W ere th e re  any other difficulties during the 

period th a t you w ere N egro Supervisor in  getting  
M rs. H enry’s contract signed by the  Superin tendent?

A. No, the last con tract th a t she had  signed w hen 
I w as working she had  m entioned th a t she was a 
m em ber of the N.A.A.C.P.

W hen Mr. H unter, Mr. P au l H unter review ed the  
affidavit there  w as som e discussion about her being 
a m em ber of the N.A.A.C.P., and I told him she w as 
a good teach e r and I said a fte r all, it is your decision 
to m ake and he didn’t say  anymore.

T here w asn’t m uch of a discussion about it a t th a t 
time and th a t w as my la s t year w orking [79] in 
th is school.

Q. W hat w as your la s t year?
A. 1959-60, I re tired  Jan u a ry  1, 1961.
Q. D uring the y ears  that you w ere N egro Super­

visor do you recall any instances w here a teacher 
w as recom m ended by the P rincipal to be re tu rned  
the next y ear and not hired by the Superin tendent 
and the  B eard?



115

A. No.
Q. Do you reca ll any instances w here the P rinci­

p a l did not recom m end any teach e r not to be re tu rn ed  
to th e ir school for one reason or other?

A. Yes, th e re  w ere some suggestions from  some 
of the P rincipals th a t they  p re fe rred  having som eone 
else.

In o ther words, there  m ight have been personality  
clashes. We then  recom m ended th a t the teacher to 
the Superin tendent, th a t th a t teach e r be tran sfe rred  
to ano ther school.

Because I recognized th a t a teach e r m ay be a failure 
under one P rincipal and she is ap t to becom e a  good 
teacher under someone else.
[80] I feel th a t one of my obligations w as to help 
to develop some of the te ach e rs  th a t w ere tran sfe rred  
like tha t.

Q. W ere these recom m endations that the teach ers  
be sen t to ano ther school generally  by seen by the 
Superin tendent?

A. Yes, I m ade him  understand  th a t th is w as not 
serious and there  w as no reason  th a t she could not 
w ork a t another school.

I believe th a t they  did succeed in o ther places es­
tab lished  his confidence and the recom m endations 
w ere accepted.

Q. Ju s t one m om ent please, I th ink  we have—ju st 
one moment please.

Mr. Bell:
No fu rth er questions.

The Court:
You m ay  cross exam ine.



lit)

Cross E xam ination .

By Mr. M aynard:
Q. You sta ted  th a t you w ere Supervisor of the  

Colored School in 1956?
A. Yes, sir.
Q. And I believe you said th a t they had  to sign 

the affidavits under the s ta te  law s listing  the various 
organizations?

A. T hat is right.
[81] Q. And, you likewise sta ted , did you not, there  
w as some question th a t arose to the p lain tiff’s recom­
m endation because of being a m em ber of the 
N.A.A.C.P.?

A. Yes.
Q. Did she sign the affidavit?
A. Yes.
Q. Did she list as belonging during that period 

of 1957 and 1958 up to 1959.
A. She signed other affidavits w ith reference to 

the organizations to which she belonged.
Q. O ther affidavits?
A. O ther affidavits.
Q. And on all those did she list the N.A.A.C.P.?
A. She did.
Q. And, firs t the B oard of E ducation  and next Mr. 

Bryson and Mr. H unter knew all th a t time from up 
to 1956 up to the time her con tract w as not renew ed 
in 1962 tha t she was adm itted  a m em ber of the 
N .A .A.C.P.?

A. T hat is right. That is according—
Q. Ju st answ er the question.
And at no time, did the Superin tendent or the B oard 

of E ducation  refuse to renew  h e r contract?



117

[82] A. I don’t know about the B oard but the 
S uperin tenden t did not. I s ta ted  a question cam e up 
about the reh iring  of h er and w hen I m ade the sug­
gestion—

Q. I don’t w ant you to go on, ju s t answ er the ques­
tions.

W as her contract renew ed?

Mr. Bell:
Your Honor, we—-

The Court:
She was volunteering an answ er.

Mr. Bell:
I th ink she w anted to answ er yes or no.

Mr. M aynard:
Well, she can say yes or no. If Your Honor w ants 

her to explain, he will ask  her to.

Cross Exam ination (C ontinuing):

By Mr. Maynard:
Q. W ere the con tracts  renew ed betw een the Coa­

homa County System  and Mrs. H enry for teaching  
during the years  1957-58, 1958-59, 1959-60, 1960-61 and 
1961-62, th a t is correct, isn ’t it?

A. I don’t know about 1961-62.
Q. 1959-60 w as the la s t year?
A. Yes.
Q. And despite some of the questions th a t arose, 

those contracts w ere executed?
A. Yes.



118

[83] Q. One executed by Mr. B ryson and one by 
Mr. H unter?

A. One w as executed by Mr. H unter during m y 
term .

Q. It was advised th a t the plain tiff was a m em ber 
of the N.A.A.C.P. and discussed w ith you?

A. Yes, and—
Q. Would you ju s t answ er the question.

The W itness:
M ay I explain.

The Court:
Go ahead.

The W itness:
There w as a discussion about it because she had  

listed  the N.A.A.C.P. on th is affidavit th a t w as a t­
tached  to her contract.

She was a m em ber of several organizations, so the 
affidav it d idn’t  hold all the organizations and she put 
a t the bottom “ over” and on the back  of th a t affidavit 
w as th is N.A.A.C.P.

W hen Mr. H unter saw th a t he m ade some rem ark  
lile, “Oh, my goodness,” because th e re  had been a 
question about h er belonging to the N.A.A.C.P., and 
w hen he saw  th is  on there , I m ade the s ta tem en t to 
him, th a t I m ade to Mr. Bryson. I said, “She w as not 
doing any w ork—she w asn ’t  bringing the N.A.A.C.P.
[84] into her school w ork and she w as a good teach ­
er and I didn’t  think he should drop her.

Q'. Did he sign the contract?
A. Yes.



119

Q. And the B oard of E ducation  approved the con­
trac t?

A. I guess they  did. I never did m eet the Board. 
jQ. Excuse me, Your Honor.
D uring your whole tim e as Superviseor, do you know 

of any incidents w here any teachers  or principal was 
not re-em ployed because of activ ities w ithin thq 
N.A.A.C.P.?

A. No

Mr. M aynard:
No fu rth e r questions.

The Court:
Any fu rth e r questions on red irect?

Mr. Bell:
I am sorry , I m issed the la s t answ er.

The Court:
He asked did anyone principal or teach e r been 

term inated  because of the activ ities w ith the 
N.A.A.C.P?

Mr. Bell:
I am sorry . We object to th a t She certa in ly  wouldn’t  

know what the Board did. We object to it. It is limited 
to h e r knowledge.

The Court:
I re se rv e  ru ling on the objection.



120

[83] The W itness:
I don’t know. I don’t  know w hat I answ ered to th e  

question, but th e re  w as a  m ortifying situation  there: 
th a t  needed to be brought out.

I don’t  know. I would like to be advised.

Mr. Bell:
J u s t  one second, p lease m a’am.
I th ink we have no fu rth e r questions.

The Court:
A nything fu rth er w ith th is w itness?

M r. M aynard:
No, sir, Y our Honor.

The Court:
You m ay stand  down.

(W itness excused.)

You m ay call your next w itness p lease.

Mr. Bell:
M ay we have ju s t a few m inutes, Your Honor?

The Court:
All right.

Mr. Bell:
I am a little  concerned about the s ta te  of the record 

on the point th a t Mr. Ball testified  to. As to w hat he 
w as recom m ending as fa r  as these  teach e rs  a re  con­
cerned.



121

He did not recom m end them  to be re tu rn ed  to his 
school, and I th ink  it w as clarified  by M rs. W hite 
[86] who ind icated  to one—that one person, he 
recom m ended th a t the person  not be re tu rn ed  to thei 
school system , while th ree—

The Court:
H er recollection w as four.

Mr. M aynard:
Four not recom m ended.

The Court:
Four not to be recom m ended to the school and one 

not to be recom m ended because of im m oral conduct 
th a t w as her testim ony as I understood it.

Mr. Bell:
W hile Mr. Ball recom m ended there  w ere four and 

th ree  he did not recom m end, th ree  of them  w ere as­
signed to ano ther school and it is my understand ing  
th a t is w hat actually happened th e re  w ith the four 
teachers.

He did not recom m end four of them . One of them, 
w as he had  a record  because of immoral conduct— 
not to be re tu rn ed  to the system  and th ree  because 
of the problem s he w as having w ith them. They werei 
assigned to ano ther school as he recom m ended.

And, because th e re  w as little—a little  conflict in 
th is record, I think it  will be necessa ry  to b ring  Mr. 
Ball back  and get th is s tra ig h ten ed  out [87] unless 
M rs. W hite’s version as fa r  as the  recommendations 
a re  concerned w asn’t accurate .



122

The Court:
If you would like to reca ll the W itness Ball, and 

if th e re  is any questions in your m inds, reca ll him 
and get it c leared  up.

Mr. Bell:
All righ t. We recall Mr. Ball.

[88] CHARLES H. BALL .(R ecalled .)

The w itness resum es the stand.

The Court:
Let me see if I can ’t  get the m a tte r  c leared .
You testified  th a t you had  uniform ly declared w hen 

you w ere called  to recommend the teachers  for em­
ploym ent or not th a t  you had  uniform ly recom m ended 
them  for re-em ployent w ith the  exception of four?

The W itness:
Yes, sir, I did.

The Court:
And, as I understood, you said  you did not recom ­

m end four?

The W itness:
Now, th is exception—

The Court:
Wait a m inute. We will get to tha t.
You did not recom m end them ?



123

The W itness:
I did not recommend four.

The Court:
W hat did you recom m end about them?

The W itness:
I recom m ended th a t they  be tra n s fe rre d  to another 

school.

The Court:
All four of them?

The W itness:
Yes, sir.

[89] The Court:
Even the  one you said  w as guilty of im m oral con­

duct?

The W itness:
I recom m ended she be tra n s fe rre d  from  the McCloud 

School.
I didn’t  m ake any type of recom m endation as to 

w here she should go to work.

The Court:
If you’d like to ask questions, you m ay do so, Mr. 

Bell. |

Mr. Brown:
Pardon me, Y our Honor, m ay  I have your indul­

gence please?



The Court: 
All right.

124

Mr. Bell:
As to these four te ach e rs  th a t you recom m ended 

not be re tu rn ed  to your school, w ere any  of the four 
assigned back to your school?

The W itness:
No.

The Court: >
About these four you testified  one w as not re-em ­

ployed and th ree  w ere assigned to ano ther school?

The W itness:
That is right.

The Court:
Now, a re  we all c lear on tha t?

Mr. Bell:
I hope so, Your Honor?

The Court:
A nything fu rth er w ith th is w itness?

[90] M r. Bell:
I th ink not, Your Honor.

The Court:
F o r the D efendant’s side?

Mr. M aynard:
No, Your Honor, we have none.



125

The Court:
You m ay stand  down.

(W itness excused.)

Call your next w itness:

Mr. Bell:
We would like to call as our nex t w itness, an  ad ­

verse  one, the Superin tendent of schools, Mr. P au l 
H unter.

[91] PAUL M. HUNTER, (A dverse W itness), the 
w itness having been duly sw orn in th is case, testified  
as follows:

D irect Exam ination.

By Mr. Bell:
Q. Would you s ta te  your full name p lease?
A. P au l M. H unter.
Q. And your residence?
A. 411 M aple S treet, C larksdale, M ississippi 
Q. And you a re  a m em ber of w hat race?
A. The w hite race.
Q. And w hat is your occupation?
A. County S uperin tendent of Education of Coahoma 

County, M ississippi.
Q. How long have held th a t position?
A. Since Ja n u a ry  4, 1960.
Q. How do you obtained th a t position?
A. By election.
Q. In  w hat length—w hat is the length of your term  

of office?



120

A. Four years.
Q. W hen you re tu rn  for election, do you cam paign 

as [92] o ther elected  officials?
[92] A. I did at th a t time.

Q. W hen you w ere cam paigning for election, th a t 
w as in w hat year?

A. 1959.
Q. So your te rm  would be expiring a t  the end of 

this y ear?
A. T hat is correct.
Q. In  your cam paign for elections in 1959, w hat 

was your position on the segregation  in schools?

Mr. W ells:
We object, if the Court p lease, for the reason that 

th e re  is no allegation in th is com plaint concerning 
th is S uperin tendent’s position, a t the tim e he ran  for 
office or while he w as in the office.

The Court:
The question of seg regation  is not involved in any 

of the pleadings of the case.

Mr. Bell:
Well, it is involved in th is fashion, Your Honor, th a t 

the person who is try ing  to determ ine on the issues 
as to w hether the basis for not h iring w as valid 
tow ard  the sole m em ber of the N.A.A.C.P. in the  school 
system  as far as the record shows now.

And, the N.A.A.C.P., the record also indicates, has 
a policy of opposing to the segregation  in the [93] 
school and for th a t reason  it is re lev an t to determ ine 
w hether or not in his cam paign for elections w hat his 
position w as—by him who did not recom m end th is 
plaintiff.



127

I t is re lev an t to determ ine w hether or not he took a 
position on this.

The Court:
The record thus fa r ind icates she was recom m ended 

for re-em ploym ent by th is v e ry  man.

Mr. Bell:
On th a t—this over-all work, I w as bringing in the 

record . In the pleadings, there  is some confusion as 
to w hether he did or not, and I would like to be ac­
cura te .

The Court:
I th ink in view of the record th a t has been m ade 

so fa r  th a t he did in fac t recom m end her for re-em ­
ploym ent and th a t the Board failed  to re-em ploy her.

Mr. W ells:
If the  Court please, m ay I say som ething about th is 

so the  Court will not be m islead. I don’t  know th a t 
there  is any testim ony in the record th a t th is w itness 
actually  recom m ended her.

There is some testim ony th a t the p lain tiff w as told 
th a t the B-oard didn’t see fit to renew  h er contract. 
I do not think th a t the record perhaps revealed  posi­
tively, he recom m ended it.

[94] The Court:
It is here  in th a t regard .

Mr. Wells:
His position and his answ er will show th a t he did 

not recom m end her, but my objection goes to his—



128

The Court:
A llegations and the p leadings. I understand .
This bill, this suit charges th a t the B oard  not the 

Superin tendent, th a t the B oard failed  and refused  to 
offer her a con tract by reason of the Civil R ights 
Activity in associations designed to end rac ia l dis­
crim ination engaged in by h e r and her husband and 
re fe rs  to the in tegration  of the schools.

But, the charges in th is bill go to the Board of 
T rustees and not to th is Superin tendent of Education, 
and th e re  is no allegation  in th is bill—in th is su it a t 
all charging th a t he has done anything because of her 
activ ities.

Mr. Wells:
Those charges w ere m ade to the B oard of T rustees 

and we subm it because of th a t he is not responsible.

The Court:
He is charged w ith  m aking recom m endations to the 

persons.

Mr. W ells:
He is charged by the law  in [95] m aking the rec ­

om m endation to the Board, yes, sir.

The Court:
I reserv e  ruling and the w itness m ay answ er.

The W itness: ..................
Yes.



129

D irect E xam ination  (C ontinuing):

By Mr. Bell:
Q. And, during the course of your cam paign for 

election w hat w as your position tow ard  segregation  
of schools?

A. I—it d idn’t  en ter into the cam paign in any way. 
Q. D uring the course of your running for election, 

did you get out in  the com m unity of Coahoma County 
and trav e l around and m eet the people in the usual 
fashion?

A. I trav e led  over p rac tica lly  all of the county, 
Q. Based on your experience, w hat w as the  com ­

m unity opinion in Coahoma County?

Mr. Wells:
We object to tha t, Your Honor.

The Court:
Objection sustained.

D irect Exam ination (Continuing):

By Mr. Bell:
Q. How m any schools a re  there  in th a t county? 
A. There a re  eleven.

[96] Q. Are som e of these schools for N egroes and 
some for w hites?

A. That is right.
Q. Approxim ately how m any  teach ers  in the to ta l 

system?
A. A pproxim ately two hundred.
■Q. A re some of these  teach e rs  N egroes and some

of them  w hites?
A. T hat is correct.



130

Q. And is i t  co rrect, a ll the w hite teachers teach  
in the w hite schools and all the N egroes teach  in the 
N egroes’ schools?

A. T hat is correct.
Q. W hat is your professional opinion as to segre­

gation in the schools as p resen tly  carried?

Mr. Wells:
We object to tha t, please.

The Court:
The objection is sustained .

D irec t E xam ination  (C ontinuing):

By Mr. Bell:
Q. Did you have any personal contact w ith  the 

plaintiff, Noelle H enry while she w as teaching?
A. Well, I didn’t  have a conversation w ith  her. I 

passed  th rough  her room  on a couple of occasions 
while school w as in session.
[97] Q. Do you have any knowledge of her ex­
perience as a teacher?

A. I know she w as or had  been in the  Coahoma 
County system  for eleven years. She w as in it for 
eleven years.

Q. Do you have any knowledge of h er educational 
background?

A. Yes, I know she had  a degree, I w asn’t  certain  
w hether it w as a four v ear college degree.

Q. And, do you have any knowledge of the e x tra ­
curricu lar activ ities in which she w as engaged during 
th a t period?

A. I did.



131

Q. Does th a t ex tra-curricu lar activ ity  m ean any­
thing?

A. No, sir.
Q. Did you m ake any check or investigation  to 

determ ine w hether she w as engaged in any e x tra ­
cu rricu lar activities?

A. I didn’t,
Q. At the end of 1961-62 school year, did M rs. 

H enry subm it to you any resignation  or anything 
th a t said she would not be available for the 1962-63 
school year?

A. Nope.
[98] Q. Did you p rep a re  a lis t of the  teach ers  th a t 
you w ere going to recom m end to the B oard  to be 
h ired  for the 1962-63 school year?

A. Yes, sir.
Q. Do you have a copy of th a t list?
A. I don’t.

Mr. M aynard:
It is in the m inutes.
Ju s t a second, Your Honor, we can simplify th a t 

if you w an t the  m inute book.

The W itness:
It is tow ards the front, Mr. Wells.

The Court:
Would you like an opportunity to  exam ine th is be­

fore you question the w itness about th is?

Mr. Bell:
Probably, Your Honor, th a t  we ask  the Board-—



132

The Court:
I asked you if you needed time to before you in te r­

roga te  the w itness about it.

Mr. Bell:
Yes, sir.

The Court:
Court is in recess until two o’clock.

Mr. Bell:
Thank you.

(W hereupon a t eleven fifty o’clock A. M. Court re ­
cessed until two o’clock P.M .)

[100] (W hereupon Court resum ed a fte r recess a t 
two o’clock P. M.)

PAUL M. HUNTER, (Still on s tan d ).

D irect E xam ination (Continuing):

By Mr. Bell:
Q. Now, M r. H unter, as the Superintendent of 

Schools you a re  under the statu tes of M ississippi an 
officer of the B oard of Education, are you not?

A. That is correct. I am  executive secre tary  of the 
B oard of Education.

Q. And, you indicated  th a t you a re  an elected of­
ficial?

A. Correct.



133

Q. W ere you aw are  of, did you le a rn  a fte r you be­
came S uperin tendent that Noelle H enry w as a mem­
ber of the N.A.A.C.P.?

A, Well, it has been  common knowledge for a  good 
m any years. I thought she w as and it w as called to 
my atten tion  a t the the outset for w hen I took office 
and also w hen the con tracts  came up for renew al in 
the spring of 1960.

I w as appointed Superin tendent and on her affidavit 
she had  th a t she w as a m em ber of the N.A.A.C.P., 
and I checked the affidavits and found th a t she had 
been a m em ber p rio r to m y tak ing  office and she had 
listed  it for all the years except for the final one which 
she [101] taugh t for 1961 or 1962.

Q. W ere you also aw are  or learned  of Mr. H enry’s 
leadersh ip  in N.A.A.C.P.?

A. T hat was common knowledge, it w as in the 
papers.

Q. Would you ag ree  for the la st y ea r or two or 
th ree  the activities of the N.A.A.C.P. particu larly  the 
Coahoma activ ity  has increased  a g rea t deal?

A. That is correct.
Q. And, Mr. H enry is the leader or ag itator of 

these activ ities?
A. That is a m a tte r of public record  th rough the 

new spapers.
Q. Now, as an elected official, isn’t it co rrec t that 

you have a duty to rep resen t the electors of Coahom a 
County to the best of your obligation, to the best of 
your ability?

A. T hat is right.
Q. Isn ’t it also tru e  th a t the electors, the persons 

actually doing the voting in Coahoma require contin­
uation of the  seg rega ted  schools?



134

Mr. Wells:
Objection to tha t. It calls for a  conclusion from  this 

w itness asking him w hat is the feeling of the people.

[102] The Court:
I can’t  see this has anything to do w ith it. Why do 

you consider it a p roper question?

Mr. Bell:
I think, Your Honor, it is going to be necessary  for 

us to get into the record  w hat everybody knows in re ­
gards to segregation  and the desire  of the electors in 
Coahoma County to m ain ta in  segregation .

The effect th a t it has on the  e lected  officials and 
w hether or not th is w as an  influencing fac to r in this 
very  unusual situation  w here a teach e r w as a  m em ­
ber—was not reh ired  a fte r having been recom m ended 
by h e r principal.

Now, in the answ ers in the pleadings, th is has not 
been  made clear. We have to go to it to the best of our 
ability  to determ ine what the situation  is.

The Court:
I can’t  see it has probable value on the issues, but I 

reserv e  ru ling  on the question.
The w itness m ay answ er the question if he knows 

the answ er.

[103] The W itness:
Would you s ta te  the question again?

D irect Exam ination (Continuing):

By Mr. Bell:
Q. We asked if it w asn’t a fact th a t the  electors of 

Coahoma County are in favor of continuing the seg re­
gating  of the schools in the county?



135

A. On this basis, not knowing everybody’s mind on
this, I would add I know people of both races who 
have d ifferen t answ ers.

Q. W ell th a t is very  in teresting , but it did not
answ er the question.

Isn’t  it correct th a t overwhelm ing num bers not ju s t 
peoplej of both races, but people who do the, who ac tu ­
ally  do the voting in Coahoma County, they a re  over­
whelming to m ain ta in  segregation?

A. I haven’t  asked  them  the question, n e ither has
it been reported  to m e.

Q. Then, is your answ er th a t you don’t know w hat
the views of the people of Coahoma County a re  as fa r  
as seg rega ting  schools is concerned?

A. I know some of them  and not all of them, bu t
not when you ask  for the views of everybody.
[104] Q. I didn’t ask  for the views of everybody.

A. You asked for the the m ajority .
Q. As to the m ajority , I  asked w hat the overwhelm ­

ing which I im agine you would know as to the m ajori­
ty  of the persons doing the electing in Coahoma Coun­
ty  a re  in favor of m ain ta in ing  segregation?

Mr. Wells:
We a re  in no way p repared  to show th a t or w hat the 

feeling of the people would be a influencing or would 
effect th is w itness’s recom m endation for teachers .

I subm it perhaps it would be pertinen t and would 
be com petent to in te rro g a te  th is w itness as to w hether 
or not his act in  recom m ending would be governed or 
persuaded  by the people.

I think we are asking him to reach  a conclusion as 
to w hat people generally  think about it in public 
schools w hich is s tric tly  a conclusion in the  absence 
of effecting his judgm ent or decision.







138

[107] D irect Exam ination (Continuing):

By Mr. Bell:
Q. Mr. H unter, do you have personal knowledge of 

the fac t th a t in 1954 the Suprem e Court ind icated  th a t 
the seg regated  schools a re  unconstitutional?

A. T hat is right.
Q. H ave you ever brought th a t to the a tten tion  of 

the Board?

Mr. Wells:
Counsel is certain ly  going fa r  afield.

The Court:
I th ink  the objection is well taken , sustained.

Mr. Bell:
We won’t  push, Your Honor.

D irect E xam ination  (C ontinuing);

By Mr. Bell:
Q. Now, as an elected rep resen tive  of the people 

as fa r  as the  public schools a re  concerned, if you w ere 
able to know w hat the ir feelings w ere in re g a rd  to 
Civil R ights fo r the N egroes and desegregation  of the 
schools in or a t th is p a rticu la r tim e it would be your 
duty to try  to carry  out the desire  of the m ajority  in 
tha t, is th a t correct?

A. Well,—

Mr. Wells:
We object to tha t. The duties of th is m an a re  fixed 

by the statute.



139

[108] M r. Bell:
The sam e thing, Your Honor.

Mr. Wells:
The question he ask  was, “if you did know w hat 

the feeling of the m a jo rity  vo ters w ere and if th a t 
w as they  w ere ag a in st in tegrating  schools, then  would 
it be your duty to carry  out th e ir  wishs?

The duties of this m an a re  fixed by the sta tu te , if 
the Court please.

The Court:
T hat objection seem s to be well taken. It sus­

tained.

D irec t Exam ination (C ontinuing):

By Mr. Bell:
Q. As to your duties under the various s ta tu te s  of 

the S tate  of M ississippi, isn ’t it a fac t th a t th e re  is no 
s ta tu te  in  the Shute of M ississippi that perm its you 
to in itia te  or tak e  any action tow ard desegregation  of 
the Coahoma County?

Mr. Wells:
Objection to tha t, because th e re  is nothing in th is 

law suit even rem otely touching the questions of or 
even a complaint th a t th is defendant h a sn ’t taken  
som e action to desegregate the schools of Coahoma 
County.

Mr. Bell:
I don’t—



140

[109] The Court:
Why a re  you asking this, w hen th is Court can take 

judicial notice of the s ta tu te  of the S tate  of M issis­
sippi?

Mr. Bell:
Well, I am  still try ing to place on the record, Your 

Honor.

The Court:
Why don’t  you ask th is w itness why he failed  to re ­

commend the plaintiff?

Mr. Bell:
I th ink th a t is part of the o ther side’s case. I would 

prefer they  do it if they  w ant to.
I th ink  we do know he failed to recommend her and 

try —tried  to m ake the record  show th a t to the strong­
est ex ten t possible.

The Court:
If you asked him why he failed to recom m end her 

or if he failed  to recom m end her because she w as a 
m ember of the N.A.A.C.P?

Mr. Bell:
Our position is th a t he did and th a t th is kind of ques­

tion resu lted .

The Court:
Did you fail to recommend the plain tiff because she 

w as a m em ber of the N.A.A.C.P.?

The W itness:
I did not.



141

The Court:
Why did you take such action?

The W itness:
Because of the activities th a t [110] she and her 

husband w ere engaged w ere highly controversial. 
Do you w ant to know w hat it is?

The Court:
Yes.

The W itness:
.Number one I felt it would be a bad influence on 

the children and other teachers. C hildren a re  imi­
ta to rs . W hen they  see an adult do som ething, then  
they think it is a lright for them .

In  M arch of la s t year, her husband w as convicted 
of a m orals charge.

Mr. Bell:
Objection, we a re  objecting.

The Court:
Objection is overruled.

Mr. Bell:
The reason  for the objection to the charge in  the 

conviction is th a t  the w itness w ants to testify  to is one 
of a num ber of such charges or convictions of one so rt 
or other. All of which a re  still in litigation. All of which 
the defendant has m aintained in th a t litigation  are 
p a rt and parcel of the sam e type of harassm ent tha t 
resu lted  in her losing her job.

I think it is en tire ly  irre lev an t for the purpose of this
case.



The W itness:
All of it?

The Court:
I th ink it goes back to the h e a rt of the case. Your ob­

jection  is overruled.
[I ll]  I am in te rested  in why he failed  to recom ­
m end the plain tiff and I asked him to continue to say 
it.

The Court:
You got to the place w here the conviction entered  

into the p icture.

The W itness:
He w as convicted on a moral charge involving a 

teenager. That w as Num ber one.
Num ber two, in A pril of 1962 a libel suit w as filed 

by the Chief of Police of C larksdale and the County 
A ttorney of Coahom a against h er husband A aron 
Henry.

I w as told by a reliable au thority  th a t a suit would 
be instiga ted  for setting aside property  to Noelle 
H enry by h er husband to avoid paym ent on the libel 
charge. If the  suit w as successful, she would be in­
volved.

Those a re  the th ree  m ain reasons I stated  th a t I 
felt it would be a bad resu lt for the children in  which 
she cam e in contact because they a re  im itators.

M r. Bell:
Ju s t one moment, please.

The Court:
You may continue w ith your exam ination.

142



143

Mrs. M orris:
If your Honor please, I would like to check these 

dates th a t these things happened. May I have a few 
m om ents?

[112] The Court:
I didn’t understand  your question.

M rs. M orris:
I am asking for a few m inutes to check these dates. 

The Court:
Are you asking for a recess?

Mrs. M orris:
Ju s t for five m inutes.

The Court:
Court is in recess until two th irty .

(W hereupon a t two ten o’clock P. M. Court w as 
recessed  until two th irty  P . M.)
[113] (W hereupon a t two th ir ty  P . M. Court recon­
vened a fte r recess)

The Court:
You may be seated .

D irect Exam ination (Continuing):

By Mr. Bell:
' Q. You indicated th a t you did not recommend 
Mrs. H enry to be reh ired  and you based th is on the 
th ree  d ifferen t facto rs: A m oral charge in  M arch, 
1962, a libel suit in April, 1962 in which you h eard



144

there  w as a  possible suit against M rs. H enry for 
fraudulent conveyance, is th a t correct?

A. I did not recom m end her and I w as told th a t 
the fraudu len t conveyance had  been m ade and a  suit 
would be filed by a reliab le source.

I also followed—I would follow the  same policy re ­
gardless of who the teach er m igh t be.

Q. Well, as to the firs t conviction of M arch, 1962, 
a re  you aw are  th a t th a t charge, the conviction was in 
the J . P . Court?

A. T hat is correct.
Q'. A re you also aw are  th e re  w as an  appeal of a  

new tr ia l of record?
A. T hat is right. He w as found guilty.

[114] Q. As a m atter of fact, you had tak en  action 
prior to being told about th a t  tria l?

A. W hat I read in the new spaper, he w as tried  and 
convicted and he as fa r  as we go—

Q. He appealed and had  a new trial?
A. I never heard anything about a new  tria l.
Q. You read  in the pap er about the March, 1962 

tria l th a t  A aron Henry, husband of the plaintiff, had 
been convicted of a m oral charge.

A. T hat is right.
Q. Did you find out w hat the n a tu re  of the Court 

was w here he had been convicted?
A. I knew the n a tu re  of the Court?
Q. W hat was the n a tu re?
A. T hat w as the  Justice of the  Peace Court.
Q. Do you know w hether or not Dr. H enry had  a  

ju ry  in th a t Court?
A. I didn’t know. I didn’t bo ther to find out. He 

w as convicted.



145

Q. And, you acted  w ithout checking or finding out 
w ith the attorneys, w ith anybody w hether he might 
have a  tr ia l la te r  on, is th a t right?

A, I did not. W hen a m an gets involved in a con­
tro v ers ia l issue and—I th ink  it would effect his wife.
[115] Q. Would you explain?

A. W hen a m an gets involved w ith a  m orals 
charge, his wife as a  teach e r in the school there , 
definitely th is case reflects on her and on the children 
w ith which she is teaching.

Q. And, therefo re  on this, it didn’t  m ake a  d iffer­
ence w hether he w as convicted, if he hadn’t  m ade 
the charge or if he had  m ade it.?

A. I don’t  know. He w as convicted and I based my 
decision on tha t.

Q. Then, you indicated th a t you acted before or 
w ithout or before you learned  w ithout knowledge 
th e re  would be a new tria l a t which tim e the defend­
an t would have an  opportunity to have a ju ry  and all 
the  obligations of the constitution?

Mr. Wells:
Objection, as the Court can take  jud icia l notice,
This m an could have a ju ry  in the  Justice  of the 

P eace Court by asking for it. It w as a m isdem eanor.

The Court:
T hat is true, the Court can take  [116] judicial 

notice on it.
This would be a tr ia l in the scope of the Circuit 

Court depending upon the county w here the Justice 
tria l was held. I reserve  ruling on it.

The w itness m ay answ er.
And I can m ake judicial note by the s ta tu te  of J. P . 

Court th a t it  is a  Court of record .



146

Mr. Bell:
I th ink we maintain—no, we a re  m ainly concerned 

w hether or not the Superin tendent bothered to find 
out any of th is inform ation.

The W itness:
That is correct.

D irect Exam ination (C ontinuing):

B-y M r. Bell:
Q. Then in other words, Mr. Superintendent, you 

took—you m ade your decision w ithout knowledge of 
the law concerned in the Justice of the P eace  Court 
and w ithout knowledge of the type of tr ia l he would 
have if convicted in  the Ju stice  of the Peace Court?

A. I still—it w as not my place, it was not m y 
place to determ ine the law. I didn’t know th a t he had 
been convicted and I had  no idea th a t he was.

It w asn ’t my place to know.
Q. Did you also understand there  w as a ju ry  or 

not a ju ry  in th a t Court?
[117] A. I did not know. It is still a Court of law.

Q. And, you knew of the conviction—you acted  on 
the conviction w ithout knowledge th a t he was going 
to appeal or not to appeal?

A. Do you m ean my action?
Q. Now, as m a tte r of fact, there w as an appeal of 

th a t conviction?
A. I knew then, not until that time.
Q. Did you now, as a m a tte r  of fact, th a t a t one 

stage of th is case it w ent to the Suprem e Court of 
the State of M ississippi?

A. T hat is correct.



147

Q. Did you understand  the descision of the S tate 
of M ississippi in reg a rd  to th is case?

A. I .know I read  it in the papers.
Q. You understood th a t the firs t decision of the 

S tate  of M ississippi Suprem e Court w as a rev e rsa l 
of th is decision?

A. T hat is right.
Q. At that time w hen—Did you also check to find 

out th a t the libel charge w as as a m a tte r of fac t based  
on a statem ent by D r. H enry about the  conduct of the 
police who arrested  him on the charge on the m oral
[118] offense?

A. I knew what I read  in the papers and it w as 
basically tha t.

Q. Did you try  to check the charge on fraudulent 
conveyance of property, w as it also based on the libel 
suit?

A. I w as told by good authority  th a t the convey­
ance had been m ade and I w as not told th a t it avoided 
service, but I assum ed it was.

Q. Would you nam e th a t good authority?
A. One of the attorneys, I don’t rem em ber exactly, 

e ither Mr. P o rte r or Mr. Luckett
Q. It w as one of the atto rneys th a t w as going to 

rep resen t him in the libel case?
A. No, sir. The one who w as going to file the 

fraudulen t conveyance charges.
Q. They were p riva te  atto rneys for private indi­

viduals?
A. That is right.
Qj. Then th e ir reason for basing—your reason  w as 

based on th is for not recom m ending her?
A. And, your fa ilure  to recom m end M rs. H enry 

grew  out of the sam e situation?



148

A. Well, as l  s ta ted  on the th ree  things, that is 
correct.
[119] Q. And, you indicated knowledge th a t th is 
m atte r had been appealed  to the Supreme C ourt of 
the S tate  of M ississippi?

A. That appeal w as sometime a fte r I m ade my de­
cision.

Q. T hat is right. At leas t a t one point, the f irs t de­
cision of the S tate  Supreme Court was reversed  of 
this conviction.

A. I rem em ber read ing  th a t in the papers.
Q. At th a t point, would you ag ree  th a t th is con­

viction been reversed  and all th ree  points on w hich I—

Mr. W ells:
I object.

Mr. Bell:
I s trike  the la s t question.

The Court:
All right.

Q. W hen you learn ed  the s ta te  reversed  the con­
viction of A aron Henry, w ith your knowledge th a t all 
the charges or all these points w hich you refused  to 
recom m end M rs. Henry did you a t th a t point take 
any action to re in sta te  her?

Mr. Wells:
I object on that for th is reason.

[120] The decision of the Suprem e Court of M issis­
sippi w as rendered  the firs t opinion of the Supreme 
Court which w as not a final opinion subject to the  sug­
gestion of e rro r a t the time when th e re  w as no occa­



149

sion for th is w itness to have tak en  any action because 
it was a fte r the time th a t the teachers  had been re ­
com m ended for the 1963-64 session.

T hat f irs t opinion w as rendered  a t the end of the 
session of the Court in the la tte r  p a r t of M ay or e a r­
lier p a r t  of June, a fte r the teach ers  had been recom ­
mended for the 1963-64 session.

T here would be no occasion for th is w itness to have 
made som e recom m endations on the m atte r a t th a t 
time.

We subm it that is not a proper question as to 
w hether he took any action when he learned  of this, he 
could do nothing about it.

The Court:
The objection is overruled. The w itness m ay an­

swer.

The W itness:
I did not take any action.

D irec t Exam ination (C ontinuing):

By Mr. Bell:
Q. You know of course, th a t subsequent to its f irs t 

opinion the S tate  Suprem e Court rev ersed  itse lf and 
affirm ed the conviction of Dr. H enry?
[121] A. T hat is correct.

Q. Do you know the conviction of Dr. H enry is now 
going to be subm itted for review  to the U nited States 
Supreme Court?

A. I did not.
Q. It is correct then  to conclude th a t having m ade 

your decision known about June 4, 1962 in reg a rd  to 
recom m ending Mrs. H enry for reh iring , you did not



150

follow the case as it proceeded th rough the Courts 
bu t fe lt th a t th e ir decision w as final a t th a t tim e and 
you felt it w as final and—

A. I felt it w as final and I haven’t had anything to 
change my mind because the conviction still stands. 

Q1. Excuse me ju s t a m inute, please.
But, Mr. Superin tendent w hen you m ade your de­

cision, you didn’t know the decision was going to stand  
or not?

Mr. Wells:
We object as repetitious and it is about the th ird  

time he asked it.

The Court:
I th ink we have covered tha t. O bjection is sustained.

[122] Mr. Bell:
No fu rth e r questions.

The Court:
Any fu rth er questions.

Mr. M aynard:
We would like to have him on d irect ra th e r  than 

cross exam ination.

The Court:
You m ay  do so.

Mr. M aynard:
W hat w as your answer?

The Court:
You m ay do so. Call your next w itness.

(W itness leaves the stand .)



151

Mr. Bell:
Mr. Wise, please.

[123] S. B. WISE, The witness having duty sworn 
in th is case, testified  as follows:

D irec t Examination.

By Mr. Bell:
Q. Will you s ta te  your full name?'
A. S. B. Wise.
Q. Indicate your position w ith  the Coahoma 

County School B oard if any?
A. I am  a t the p resen t time the P resid en t of the 

Board.
Q. How long have you held th is position?
A. About four years.
Q. W ere you as a Board m em ber made aw are th a t 

you would not under the s ta tu tes  of M ississippi have 
an opportunity to offer a con trac t to M rs. H enry for 
the 1962-63 school y ear?

A. Well, I have known it since I have been a 
m em ber of the Board in reg a rd  to everybody reg a rd ­
less of the name.

Q. Now, do you know who the teach e r w as the 
name of the teacher who was assigned to the position 
form erly [124] held by Mrs. Henry?

A. Well, I have h eard  it. I th ink h er name is 
G eorgia R ichardson or G loria R ichardson, one of the 
two. I don’t  recall.

Q. G eorgia R ichardson, the counsel indicates th a t 
it is G eorgia R ichardson, is th a t correct to your m em ­
ory on the subject?

A. Yes.



152

Q. Do you recall how m uch Mrs. Richardson—how 
much experience M rs. R ichardson had w hen she w as 
picked for the 1962-63 school year?

A. I do not.
Q. Do you recall during the pleadings portion of 

this case signing a group of in te rroga to ries  th a t w ere 
served by the plaintiff on the defendant Board?

A. I do.
Q. May I have the answ ers filed to the plain tiff’s 

in terrogatories m arked  as E xhib it No. 4 for the plain­
tiff?

The Court:
Certainly if they a re  in the jack e t file.

[125] Mr. Bell:
Thank you.

The Court:
W ere you wishing to get them  in the record  for 

this trial. You may introduce all the questions or answers. 
I don’t know how you will a ttem pt to get them  in with 
this w itness.

Mr. Bell:
Well, the Board m em bers had  signed them  and as 

m atte r of fact, we really didn’t need them in the re ­
cord except to th is one point.

The Court:
All right.



153

(Said document w as m arked as P la in tiff’s Exhibit 
No. 4 for Identification.)

D irect Exam ination (Continuing):

By Mr. Bell:
Q. I show you th is E xhib it No. 4 for Identification 

for the plain tiff titled  answ er to the In te rrogato ries  
and ask  you, do you recognize a t the conclusion of th is 
answ er your signature?

A. I do.
Q. All right, and I ask  you to d irec t your attention 

to the answ er num ber 33?
A. All right.
Q. I think w ith the defendan t’s perm ission if they 

will allow th a t the question to in terrogatory  num ber
[126] 13 read , “Name the college degree and teach ­
ing experience of the teach er replacing the plaintiff 
in the Coahoma Public School.”

Mr. M aynard:
We agree to tha t, of course, it is in the answ ers. 

D irec t E xam ination (C ontinuing):

By M r. Bell:
Q. Would you read  the answ er?
A. (R ead in g )“ G eorgia R ichardson, A-e license, O 

y ears  experience!.”

Mr. Bell:
T hat is all.

The Court:
Any questions, M r. M aynard?



154

Mr. M aynard:
We would like to reserv e  the rig h t also to call him. 

The Court:
You m ay call him  la te r.

Mr. Bell:
We have no further witnesses. Plaintiff rests.

Mr. M aynard:
We would like to recess and to save tim e.

The Court:
W hat is your estim ate of the tim e required?

[127] Mr. M aynard:
For recess, Your Honor, certainly not over fifteen 

m inutes.

The Court: i [
Court is in recess until ten minutes after two.

(W hereupon a t  one fifty o’clock P. M. C ourt re ­
cessed.)

[128] (W hereupon Court reconvened a t ten m inutes 
after two o’clock P. M. after recess.)

The Court:
You m ay proceed.

Mr. M aynard:
We would like to make a motion first. These a re  

two separate  motions.



155

And now come S. B. Wise, Graham Bramlett, S. H. 
Kyle and J. F. Humber, Jr., as defendant and 
members of the Coahoma County, M ississippi, School 
Board of Education, and m ove th a t all of the testim ony 
in troduced on behalf of p la in tiff ag ain st said  defend­
ants be excluded and stricken  from  the record  and 
said  cause be dism issed to the prejud ice of p lain tiff 
as ag a in st said  defendants, and for cause shows:

This cause s ta tes  as a basis of its case ag ain st mem­
bers of said B oard th a t they failed to re-employ the 
plaintiff, Noelle H enry, for the scholastic y ear 1962-63 
in the Coahom a County School D istric t. The evi­
dence shows through the testim ony of the Superin­
tenden t of Educaton, P au l H unter, th a t said  Superin­
tenden t of E ducation  did not recommend to the Board 
of E ducation  th a t it re-employ the plaintiff, and under 
the law  of M ississippi in  a county wide school district 
such as the one involved here, it is necessary before 
the B oard of Education can employ, or re-employ, a 
teach e r th a t said  employment, or re-employment, be 
recom m ended by the Superin tendent of Education.
[129] As a second count for said  m otion it is shown 
th a t the en tire  basis of this suit, as set out in the com­
plain t of plaintiff, is th a t the civil righ ts of plaintiff 
under the s ta tu tes  of the United States of America 
w ere violated, and th a t the  p lain tiff w as not re-em- 
ployed for the sole reason  th a t she and her husband 
been active in  the activ ities of the N.A.A.C.P. There is 
not a suggestion of evidence by any of the w itnesses 
here th a t that w as the reason  for h er not being re ­
employed and on the co n tra ry  the Superintendent of 
Education testified  that th is did not en ter in any way 
into his consideration not to m ake the recom m endation 
of re-em ploym ent.

That is our m otion w ith reference to the Board.



156

[130] The Court:
All right.

Mr. M aynard:
We now come and move on behalf of defendant, Paul 

H unter, Superin tendent of Education of Coahoma 
County School D istric t of Coahoma County, Mis­
sissippi, th a t all evidence against him be excluded 
and th a t the cause of p lain tiff be dism issed as to him  
with prejudice.

F o r cause for said  motion said defendant shows 
th a t under the s ta tu tes  of the S tate  of M ississippi, as 
in te rp re ted  by the Suprem e Court of M ississippi, the 
m atte r of m aking recom m endations for em ploym ent 
or re-em ploym ent of a teacher in a county wide school 
district, as is the one here  involved, is solely w ithin 
the judgm ent and discretion of the Superintendent 
of Education and not to be controlled in any way by 
any  Court;

And, second, the case against the Superin tendent 
of Education fails as against the m em bers of the 
B oard of E ducation  because it asserts  th a t he was 
depriving the p lain tiff of her righ ts in th is case solely 
because of her and h e r husband’s activities [131] in 
N.A.A.C.P. and th is has not been proven.

And the th ird  ground for the Superin tendent of 
Education, if he needed to give reasons for not m aking 
any recom m endation, said reasons, if given, w ere 
completely sufficient to legally  allow him not to rec­
om m end the re-em ploym ent of the plaintiff, Noelle 
Henry.

The Court:
I reserve  ruling on the motion on P au l H unter.



157

Mr. M aynard:
We would like to call Mr. P au l Hunter.

[132] PAUL M. HUNTER, the w itness having been 
duly sworn in this case, testified  as follows:

D irec t Exam ination.

By Mr. M aynard:
Q. Mr. H unter, before we go into the questioning, 

I hand you copies of the m inutes.

Mr. M aynard:
You have copies of tha t, A ttorney Bell?
Qi Mr. H unter, you have certified  w hat appears  

to  be the M inutes of May 8, 1962 of the Coahoma 
County B oard of Education?

A. T hat is correct.

Mr. M aynard:
Let me m ark  th is for identification first.

The Court:
All right.

(Said docum ent was m arked  D efendant’s Exhibit 
No. 2 for Identification and in troduced into Evidence) 

Q, Mr. H unter, I hand you a paper and ask you 
w hat th a t  paper is?
A. These a re  the M inutes of the Coahoma County 
Board of E ducation  dated  May 8, 1962 and so certi­
fied by m e and they a re  photostats.
[133] Q. They a re  photostats?

A. Yes.



158

Q. And, referring  to those M inutes and see if th e re  
is any place th e re  w here, any places w here you cull 
the teachers  for Coahoma County School D istrict for 
the year 1962-63?

A. There is a complete recom m endation list.
Q. Does there  appear anyw here on there  the plain­

tiff H enry’s nam e?
A. No.
Q. And, I believe you did not en ter h er name? 
A. I did not.

Mr. M aynard:
Q. I w an t to in troduce it, Your Honor.

The Court:
Let it be received.
(Said document w as m ark ed  D efendant’s E xhib it 

No. 3 for Identification.)
Q. Mr. H unter, I have th is m ark ed  for the purposes 

of identification. I ask  you to look a t w hat has been 
m arked  for the purposes of identification, D efendant’s 
Exhibit No. 3 and tell us and the Court w hat th a t is.

Mr. Bell:
May we see it?

Mr. M aynard:
You haven ’t seen it? It is the M inutes.
[134] I’ll give counsel an opportunity to look it 

over.

The Court: 
All right.



159

By Mr, M aynard:
Q- I ask you w hat that is Mr. H unter?
A. This is a certified copy, a photostat copy of the 

M inutes of the Coahoma County School B oard dated  
M ay 14, 1962.

Q. Does it contain in th e re  anyw here, Mr. H unter, 
for the purpose of conserving time, a lis t of the rec­
ommended teach e rs  for the scholastic year 1963-64?

A. It does.
Q. H ave those contracts been entered into it?
A. The Contracts have not been signed, but th is 

list had been subm itted and approved by the Board.
Q. Does th a t fill the quota for 1963-64 for Coahom a 

County?
A. I t does.
Q. You w ere asked on the stand as an adverse  

party  defendant, who replaced the plaintiff, who w as 
the replacem ent teacher for 1962-63.

Who w as the rep lacem en t teacher?
A. Mrs. G eorgia R ichardson, which appears in the 

Minutes.
(1351 Q. Ju s t take  Georgia R ichardson, was she 
recom m ended well to you?

A. Yes.
Q. Did you consider her highly com petent to teach  

in your county?
A. I did.
Q1. Did she serve out the full term ?
A. She served in that capacity satisfactorily .
Q. To your satisfaction?
A. Yes.

D irect Exam ination (Continuing):



160

Q!. And to the Board of Education in Coahoma 
County, M ississippi’s satisfaction?

A. As fa r  as I know.
Q. Did you recom m end her for the school y ear 

1963-64 for Coahoma County D istrict?
A. I did.
Q. Did the B oard accept your recom m endation? 
A. They did.
Q. And, do you accept contracts for Principals as 

well as teachers?
A. T hat is right.

[136] Q. You said she changed h e r nam e?
A. She h as  since m arried , h e r name is now—

Mr. Bell:
We object to that. This is particu larly  irrelevant. 

I im agine th e re  m igh t be som e relevancy, she w as 
reh ired  for the coming year.

Mr. M aynard:
It would be re lev an t to be h ired, I think it would be 

if I ask  if it is reh ired .

The Court:
The w itness m ay answ er.

The W itness:
It is now Georgia M adden.
Ju st a minute, le t m e see how i t  is spelled, G eorgia

R. for R ichardson M adden, (spelling) M-a-d-d-e-n.

Mr. M aynard:
We would like to introduce this, Your Honor.



161

(Said document w as m arked  D efendant’s Exhibit 
No. 3 for Evidence.)

Q. You have sa t in th is Courtroom and h eard  the 
various testim ony w ith reference  to the teachers, 
som e w ere recom m ended for dism issal and som e w ere 
not dism issed as I recall, and do you recall the  num­
ber of o ther Negro teach e rs  in Coahoma County who 
was not reh ired  or [137] re-employed for the  school 
y ear 1962-63?

A. T h a t is right.
Q. Do rem em b er any P rincipal of Coahoma Coun­

ty  School D istric t who w as not re-employed for the 
year 1962-63?

A. Yes, there  w as one.
Q. Would you s ta te  to the Court the reason why that 

Principal w as not re-em ployed in  th a t particu la r 
case?

A. The P rin cip al w as not re-em ployed because of 
alleged im m oral activities by his wife which w as 
brought to my a tten tion  by the Supervisors of the 
Colored Schools and other N egroes of the community.

Q. W as there  any d irec t charge brought ag ain st 
this m an  if you know?

A. No, sir.
Q. F o r any m isconduct?
A. No, sir.
O. F o r teaching efficiency?
A. No, sir.
Q. And your sole reason w as his wife w as guilty of 

im m oral conduct?
A. th a t is right.

The Court:
Let it be received.



162

[138] Q. Now Mr. Hunte'r, w ith  preference to the  
N.A.A.C.P. I ask  you one question, You have h eard  
the testim ony that the plain tiff H enry w as a  m ember 
of the  N.A.A.C.P. is that correct?

A. T hat is correct.
Q. I ga ther th a t you have known th a t for some 

time?
A. Yes.
Q. And you likewise adm itted you knew  th a t Aaron, 

Dr. H enry who is the husband of th is p a rticu la r p lain­
tiff here  w as active as a m em ber of the N.A.A.C.P.? 

A. Right.
Q. In  making up your decision for the employment 

of the scholastic y ear 1962-63, for the nonem ploym ent 
of the plaintiff, Noelle H enry, have e ither facts—the 
fac t f irs t th a t  she w as active or a t le a s t a m em ber of 
the N.A.A.C.P. or her husband was p a rticu la rly  active 
in the activ ities of the N.A.A.C.P. had anything w hat­
soever to do w ith your decision?

Mr. Bell:
We would like to object. He is asking for a con­

clusion on th e  issues th a t are before the Court and it 
is the Court’s duty to decide. T hat would certain ly  
be a self-serving declaration  [139] on tha t.

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

The W itness:
I did not.



163

By Mr. Bell:
Q. What w as your answ er?
A. It did not en ter into it.
Q. Excuse m e ju s t a m inute p lease.
Mr. H unter, If the plaintiff, Neolle H enry, w ere put 

back as a teacher for th is p a rticu la r y ear would one 
of your other teachers have to be dismissed?

Mr. Bell:
I object, I don’t  th ink th a t is re levan t to the  p roceed­

ings here.

The Court:
O verruled.

The W itness:
Well, we have no vacancies for her. Someone would 

have to be re leased  to m ake room for her.

Mr. M aynard:
T hat is all. Excuse me, Your Honor. I m ean th a t is 

all.

The Court:
Do you have any questions?

Mr. Bell:
We have a few questions.

[140] The Court:
All right.

D irect E xam ination  (Continuing):



164

Cross Exam ination.

By M r. Bell:
Q. Now, you indicated Mr. Superintendent, that 

your decision w as not a t all based on your knowledge 
th a t Dr. H enry w as very active in the Civil R ights 
P ro g ram  of the N.A.A.C.P., is th a t correct?

A. That is correct.
Q. Did you realize or did you know th a t the libel 

charge th a t you used as a part of the basis for your 
action grew  out of a s tatem ent and I believe a le tte r 
th a t D r. Henry w rote in  which he vehem ently denied 
th a t he w as guilty of the m oral charge and m ove over 
indicated ra th e r—in a ra th e r  strong fashion th a t the 
police officials had  brought th is charge against him 
because of his Civil R ights activ ities?

A. I didn’t see any such thing.
Q. But, you did know th a t th e re  w as a libel charge 

pending against him ?
A. That is correct.
Q. Did you investigate to see what basis th e re  w as 

for th a t charge?
A. It is not my position to dig into law suits. My

[141] position doesn’t  entitle me to th a t tim e.
Q. Did you know as a m a ttte r of fact Mr. Super­

intendent th a t other Negroes particu larly  in the State 
of M ississippi who have been  involved in the Civil 
Rights A ctivities from time to time have been a rrested  
on one charge or other and have defended—testified 
in p a r t the  charge w as put on them  because of Civil 
Rights activities?

Mr. Wells:
Objection to th a t if the Court please.



165

Mr. Bell:
All right.

Cross E xam ination  (C ontinuing):

By Mr. Bell:
Q. You said  you didn’t have any knowledge of the 

le tte r which was the basis of the libel suit against 
Dr. Henry?

A. I ju s t knew th a t th e re  was a libel charge  th a t 
had been com m itted. I didn’t  know w hat the form 
was, whether it was verbal or written, I didn’t know.

Q. A re—you a re  aw are, I believe, you said  earlier 
you a re  aw are  th e re  has been  in the State of M issis­
sippi particu larly  in Coahoma County an increase
[142] in the la s t few y ears  of Civil R ights activities, 
is th a t right?

A. That is right.
Q. Are you aw are, Mr. H unter, there  have been a 

large num ber of people, m em bers of the N.A.A.IC.P. 
and other Civil R ights groups who have been a rre s ted  
in Coahoma County a re a  during th is increase period 
of activity?

Mr. Wells:
We object to th a t if the Court please.

The Court:
Objection sustained.

The Court:
Objection sustained.

Mr. Bell:
This bears exactly  on the issues of this case.



166

Mr. Bell:
Your Honor, we should like to m ake—to take an 

opportunity under 43-C under the ru les of procedure.

The Court:
Is th a t an offer?

M r. Bell:
I would like to get th is m a te ria l into the record. 

The Court:
You m ay do so if you have th a t righ t under the  rule, 

but of course, anything under th a t ru le will not be 
under consideration in arriv ing  a t this decision.

[143] Mr. Bell:
Would the Court a t th is tim e listen  to fu rth er argu­

m ent as to perm issible testim ony from the witness?

The Court:
I have sustained it. As fa r as I am concerned it 

has no bearing  on the case. You m ay m ake your 
record  under the rule as you see fit.

Mr. Bell:
All right. We will m ake use of th a t opportunity then, 

Y our Honor.

The Court:
All right.

The Court:
Objection is sustained.



167

By Mr. Bell:
Q. M r. H unter, we are going to ask you certain  

questions which w ere objected to and the objection 
was susta ined  by the Court, but under the federa l 
rules of procedure, you are requ ired  to answ er these 
questions for the purpose of the record.

U nder ru le 42,-C, we ask  you w hether or not you 
w ere aw are in the S tate  of M ississippi and p articu la rly  
in the  Coahom a County a rea , th e re  have  been a  g rea t 
num ber of a rre s t of persons in the N.A.A.C.P. and too, 
other Civil R ights Groups?

A. I know severa l people have been a rre sted  but 
w hether they belonged to the N.A.A.C.P. or not, I 
have no w ay of knowing.
[144] Q. H ave |yo;u been aw are  of the a rre s t  or 
th a t they w ere a rrested  while pro testing  in one form  
or fashion the practice of racial segregation?

A. They didn’t  w hen I saw  them . I didn’t see but 
one or two people w alking. I don’t know w hat they  
w ere protesting.

Q. Have you received inform ation in the sam e 
fashion th a t you received inform ation of the libel 
charge against Dr. Henry, th a t m any persons have 
been a rrested  while pro testing  racial dem onstrations?

Mr. Wells:
If the Court please, for m aking  our proceedings 

c lear for the  record to th is evidence, it is not even 
substantially  enough to be com petent under the rule 
45-C which gives the Court som e d iscretion in the 
m atter unless it can be shown there  is some connection 
betw een those a rre s ts  and the actions by the defend­

Cross Exam ination (C ontinuing):



168

an ts in th is case w ith reference to the em ploym ent 
or nonemployment of teachers.

Mr. Bell:
Let me say th is in  answ er.

[145] Mr. Wells:
It is going fa r  afield of any evidence th a t could 

possibly be re la ted  to any violation of th is p la in tiff’s 
righ ts under the F ourteen th  A m endm ent on which 
this suit is predicated and involved in h er righ t to 
requ ire  the school B eard  of this county to give her a 
contract to teach.

Mr. Bell:
Let m e say—

The Court:
The plaintiff has a right unless the Court is able to 

say  the evidence given to any possible theory  of the 
case is not re la ted , and I am not in a position to say 
this is his position here.

You may proceed.

Cross Exam ination (Continuing):

By Mr. Bell:
Q:. Do you rem em ber the question?'
A. I saw  one dem onstration in  C larksdale. They 

w ent on the s tree ts . They had p lacards around th e ir 
necks. All I saw  on the placards w as a Bible reading  
which I d idn’t read. That is the  only kind of p ro test 
that I have seen.



169

[146] Q. W hat happened to th is  group of people, 
were they  a rrested?

A. I don’t  know,
Q. And then, I ask  you again  on w hat inform ation 

you received, the inform ation about the libel charge, 
th a t is from, the new spapers or otherw ise, have you 
come to know th a t th e re  have been a large num ber 
of a rre s ts  in the S tate  of M ississippi and Coahoma 
County of persons in the N.A.A.C.P. or other Civil 
R ights groups who engaged in one form of p ro tes t or 
another?

A. W hat do you consider a  la rge  num ber of a r ­
rests?

Q. I—
A. I have to gauge it w ith something.
Q. I would say up to two or th ree  hundred  in Coa­

homa County in the last two or th ree  years?
A. I haven ’t any recollection of how m any in the 

la s t two years.
Q. I mean a la rg e  num ber over th a t period of time 

of approxim ately  one to two hundred  people?
A. I don’t know.

[147] Q. I am not asking you w hether you know, 
w hether you obtained inform ation through the new s­
papers or o ther just as you obtained inform ation in 
the case of Noelle H enry’s husband about the a rre s t 
of people pro testing  rac ia l segregation?

A. There w as. bu t your ideas of num bers don’t be­
gin to coincide so I don’t know w hat you m ean by 
la rge  num bers.

0 ;. I don’t w ant to quibble over the num ber. You 
are  aw are of the a rre s ts  of nelsons engaged in 
N.A.A.C.P. activities or Civil R ights Activities?



170

Mr. Wells:
May I ask  if the period of tim e he is refe rring  to 

a re  incidents th a t have happened since M ay of 1962?

Mr. Bell:
They could have happened before tha t. I said  the 

last few y ears  or the la s t two years.

Mr. W ells:
Well, I would like to ask counsel to confine his ques­

tions so we will know w hat the record m eans.

Mr. Bell:
I would like to ask the questions to get the respon­

sive answ ers and if you can suggest [149] the way 
th a t is going to concur, I will be glad to do it.

Now the w itness testified—I believe Mr. H unter, 
th a t you acted  on the  application of Mrs. H enry  w hen 
you read in the pap er about her husband having been 
convicted in Ju stice  of the Peace Court of which you 
don’t know w hich—convicted of a m oral charge and 
you la te r  h eard  from various people about another 
legal action going to be taken  against e ither he or 
his wife and now you acted  on the inform ation based 
on the new spapers and I ask you w hether or not you 
obtained inform ation over the la s t two years  about 
the a rre s t of persons who w ere protesting rac ia l seg­
regation  in Coahom a County in the sam e way?

A. I told you I did, but you said  la rge  num bers 
and I didn’t  agree.

Q. Well, le t’s tak e  those that you are  fam ilar w ith 
in the Coahom a County a re a  as to those, do you re ­
call w hat the charges w ere th a t w ere p laced against 
them?



171

A. I believe parading w ithout a perm it.
[150] Q. Now, do you recall the activity in which 
these persons w ere engaged at the time they w ere 
a rrested ?

A. I saw  one.
Q. I would like you to refer to the sam e type of 

inform ation, new spaper or otherwise on which you 
based  your actions against Mrs. Henry, how did the 
new spapers re fe r to this?

A. That is what the new spapers charged, they w ere 
parading.

Q. Did it indicate they  w ere carrying signs?
A. I don’t know.
I saw one w ith Bible scrip tu res on them.
Q. Now, do you know w hether in the la st few years  

back in Jackson, M ississippi a re a  th e re  w ere a la rg e  
group of people came in and who were categorized 
as the “F reedom  R ider”— a large num ber of them  
w ere a rrested  as a resu lt of that activity?

Mr. Wells:
If the Court please, I believe th is is going fa r afield. 

Mr. Bell:
Tt’s all the same thine'. It is perfectly fa ir th a t as 

a m a tte r  of fac t persons who a re  intim idated because 
of th e ir Civil R ights beliefs in this state  or other states 
are not a rre s ted  and charged w ith having indicated  
integration. They a re  [151] arrested  for b reach  of peace. 
They are arrested for parading without a license as 
they a re  a rre s ted  on m oral charges.

That is the re levance of th is line of inau iry  and the 
relevancv to the action taken  by the Superintendent 
th a t having a rrested  in the same fashion on some



172

of the sam e charges th a t hundreds of other N egroes 
have been arrested  for pro testing  segregation.

This m an  took no fu rth e r—w ent no fu rth e r but 
im m ediately acted and refused to reh ire  D r. H enry’s 
wife, the p lain tiff in th is case and this is why we feel 
it is re levan t.

The Court:
These other people who you re fe r w ere not ap­

plicants for teaching  positions in Coahoma County 
School System , w ere they?

Mr. Bell:
No, Your Honor.

The Court:
I think you a re  going fa r  afield. The objection is 

sustained.

Mr. Bell:
Ju s t one second.
Thank you. We have no fu rther questions.

[152] The Court:
Any fu rther questions of this w itness?

Mr. Wells:
Ju s t a minute, Your Honor.

Did we introduce into evidence the Exhibits or 
only for identification?

Mr. M aynard:
No, I introduced them.
The D efendants rest. Your Honor.



173

The Court:
A nything m ore from  the plaintiff?

Mr. Bell:
No, sir.

The Court:
What would be your disposition do you w ish to 

p resen t oral argum ents, briefs or w hat?

Mr. Bell:
Which ever the Court prefers.

Mr. M aynard:
W hatever the  Court w ishes.

The Court:
Which would you p re fe r for the plaintiff. I th ink 

your wishes would be paramount?

Mr. Bell:
Your Honor, I think the plaintiff would be of g rea te r 

assistance by the Court by providing w ritten  briefs.

[153] The Court:
W hat is your estim ate of time for you to brief the 

m atter according to your satisfaction?

Mr. Bell:
I probably won’t need m ore than  a w eek or ten  

days.

The Court:
Would ten  days be all right?



Mr. M aynard: 
Yes, sir.

174

The Court:
Ten days for the plain tiff and ten  days for the de­

fendant a fte r service of the p la in tiffs  briefs.
If you need rebuttal, ask for it, otherw ise I take  it 

on one brief from each side.
Anything fu rther?
Court is adjourned.

(W hereupon Court w as adjourned at th ree  th irty
P. M.)



n MNOT*: See. U, H. B. No. H. *xir*W hi«ry Session si IMS provides that it this eon ta
ton day* sftsr batnf tends red. Own. at Oi. opUon of th* Board a* iron*** of «** dutrlcs, the esmtraeS K
no affect.

not executed and returned Within 
and of

Contract Of Employment
WHEREAS, the undersigned ..... l 0 * 11® M* H «U ty ...................... ~ .h s s  been duly selected and

la the manner provided in House Bill No. 11. Extraordinary Session of 1953, for tha position si

Ta a c h a r  _ _____...................... of the .............^ J^ C lo a d  .... ____........................School District t o  th®
Supt., Principal or Teacher

scholastic years of and

WHEREAS, the undersigned — is

Session of 1953, to enter into a contract w ith  said  _  

terms, conditions and provisions of said em ploym en t; now

req u ired  by  sa id  H ouse B ill No. 11, J fc s tn w d iM ry

Mo®Ue M. Swarf ___..irvidiBsei« the

THEREFORE, for the mutual considerations hereinafter expressed, it is hereby agreed aad stipulated a* 
follows;

Ysashgg*
1. That the said...  « 9 6 .n f .,)* ..H « rtty ..............  ...... is hereby employed as ................ ........ ......- ....— --------- ot

y,e .............. ....................M cC lcod................ School of the ..........9®***®* C otm %  I®p?@....... School District for

the scholastic years of .  ^ ^ . ?  , the length of the school term being ^  months.

2. That the said . JL o e lL t Me B « U 7  hereby accepts such employment and obligates himself

to perform such duties as are required by law or by the board of trustees of the W«£FO School District,

and to perform his duties as.............. ?a*Qh*C in a satisfactory manner and in accordance with the policies,

rules, and regulations of the State Board of Education, the CoshOBS County Board of Education and

the board of trustees of said school district.

3. That the annual salary to be paid to said H ofllld  M» D U U 7........................................  for said services

for each scholastic year shall be, either
A. The sum of the following three amounts: (a) An amount from the minimum program salary fund equal 

to the state salary schedule or whatever percentage of said schedule minimum program funds will provide

In accordance with Senate Bill 1205, Section 5(c), Extraordinary Session of 1953; (b) the sum of $--------------- -

from the maintenance fund of the...........................—- ....... .......—---------- --------------------------- School District;

(c) the sum of $ ................... — --- -------from ............ .................. — -----------------------------------hmd(a);

or

B. A fixed amount of $ & 5P*oq___ _____ composed of whatever amount said employe* is entitled to Stum
minimum program salary fund plus the difference between said amount and the fixed annual salary,

payable out of* 1**? .JU L  .®***1_ fundls).

Said salary shall be paid ln_ ....... 9 _______ _____ Installments of f  ..™ !.? ? .-------------------------each, with
the first such payment to be made on the last day of the month in which the school opens or the last day ot 
the scholastic month, whichever is applicable, and the remaining payments to he made on the last day of each

9
month (or last day of scholastic month, whichever is applicable) thereafter until---------- Z— -------------such pay­
ments have been made.

4. In all respects, this contract shall be subject to all of the applicable provisions of House Bill No. 11, 
Extraordinary Session of 1953, and any other applicable statute, and all such provisions are hereby incorporated 
as a part of this contract by express reference thereto.

Witness our signatures this thec

N ote  T h t t  fo rm  m ay  b e  u sed  b y  s e p a ra te  
schoo l d is tr ic t  s u p e r in te n d e n ts  by d ra w in g  
s lin e  th ro u g h  "C o u n ty  of
E d u c a tio n  ' u n d e r  th e ir  s ig n a tu re s

3 0 th

County Superintendent of Education

___ ??7. _________
Superintendent, Prind^U or Teacher

208

17 5



AFCTAVnr TO M3/W30SHf? O? J ANIMATION

COUNTY Of ^ jfr ^ L A A T T T lA 1 ____

L N o e l i e  N. Henry

bating on opplleonf for *h* position of_ T e a c h e r

ot_ McCloud J u n i o r  Hj^h S choo l

* ______________F a r r e l l ,  M is s ,__________________________ ,_____ b,ing firi, du|y ,WOf„, do
h*r»by depo t*  and  to y  that I am  now or hav# bs*n w ithin fb« post S yoors 0 m sm bsf ©f ?h« foStewing organ­
izations and rt« ethsrsi
V OSOAWCEATfONS
Nam® Addr*s»
Haven M e t h o d i s t  Church  & I t s  A u x l l 1e r i g s  C l a r k s d a l e ,  M is s ,

T h i r d  C o r y . r e s e l o n a l  D i e t .  T .  A»___ ________________________________ ______
American  T e a c h e r s  A s s o c i a t i o n  _______ Montgomery,  Alabama

(Hs-a*® nt$ as&>©»®$ m

Coupiy T e a c h e r s  A s s o c i a t i o n _______ ______

^ i B B l s s i p F i  S t a t e  T e a c h e r s  A s s o c i a t i o n

C l a r k s d a l e , M is s .

J a c k s o n ,  Hie s

N a t i o n a l  E d u c a t i o n  A s s o c i a t i o n  of  t h e  U .S .

A mer ican  Left lon A u x i l i a r y __________ _________ _____________

N o r th  M i s s i s s i p p i  M e d i c a l ,  D e n t a l ,  .................................. .........................  .......... ....
P h a r m a c e u t i c a l  and N urse s  A u x i l i a r y
and further, that I am now paying, or within the past fhra (5) yoars have paid, regular du«8 <®r «w»d« re­
gular contributions t© th« foilowing organisations and no ©tbocss

Nam*
Red C r o s s

Q®OAMXA?K>NS
Address

. H e a r t  Pud .
March o f  Dimes
Boy S c o u t s  o f  America

A mer ican  C a n c e r  S o c i e t y

2 l ^ J A
^— ) (Signature m  Affiia

Sworn f& and  subscribed feofore mst, this lb®—../  £ )■ -— doy of

Mt? Commission £*pi,es Jk"*« 4, i9«2
(Signature ©f Official?

(Till* of Official)

( O v e r ,

Elks Club
Friendship Federal Credit Union ' :

\ ■'Coahoma County Educational Federal Credit Union 
Jackson College Alumni Club •



177

D EFT. EXH. # 2

M ay 8, 1962.

At the regu lar m eeting of the Coahoma County 
Board of E ducation  held a t 10:00 A.M. on May 8, 1962, 
Chairm an Wise w as the only m em ber p resen t. T here 
being no quorum present, Chairman Wise d irected  
th a t the m eeting be ad journed  over until 7:45 P.M. 
M ay 8, 1962.

May 8, 1962.

At the adjourned over m eeting  of the regu lar m eet­
ing of the Coahom a County Beard of Education  the 
following m em bers w ere present: S. B. Wise, S. H. 
Kyle and 'Graham. Bram lett.

The read ing  of the m inutes of the previous m eet­
ing w as dispensed with.

Attorney Wm. H. Maynard stated to the Board that 
the Board of T rustees of the C larksdale M unicipal 
Separate  School D istrict would agree to include its 
portion of the Sixteenth Section P rin cip al Funds of 
Section 16, Township 27, Range 4, Coahom a County, 
M ississippi, in aiding in the construction of the 
Clarksdale-Coahom a High School building provided 
an am endm ent allowing the sam e w as m ade to th a t 
certa in  contract m ade and en tered  into by and be­
tw een C larksdale M unicipal S epara te  School D istrict 
and Coahoma County School D istrict on the 13th day 
of September, 1960, with reference to the joint opera­
tion of the senior and junior high schools in the coun­



178

ty, and the said am endm ent approved by the S tate  
Educational F inance Commission.

A fter full discussion a m otion w as m ade by G raham  
Bramlett, seconded by S. H. Kyle, and unanimously 
carried  th a t the following resolution be adopted:

Resolution.

W hereas, the B oard  of T rustees of C larksdale 
M unicipal S epara te  School D istric t of Coahoma Coun­
ty, M ississippi, has indicated th a t it is w illing for 
its portion of S ix teenth  Section Principal Funds of 
Coahoma County, M ississippi, which include Six­
teen th  Section P rincipal Funds of Section 16, Town­
ship 2,7, Range 4, to be used in aiding in  the construc­
tion of Clarksdale-Coahoma High School building in 
Coahoma County, M ississippi; and

W hereas, in o rder th a t said  funds be so used it is 
n ecessa ry  to  am end th a t certain contract en te red  
into between Clarksdale Municipal Separate School 
D istrict, Coahoma County, M ississippi, by its B eard  
of Trustees, and Coahom a County School D istric t 
of Coahoma County, M ississippi' by i t s  Board of 
Education, on the 13th day of Septem ber, 1960, which 
con tract dealt, among other things, w ith the con­
struction and operation of a high school building;

Now, Therefore, be it Resolved, That, sub ject to 
the approval of C larksdale  M unicipal S eparate  School 
D istrict of Coahoma County, M ississippi, Section A-l) 
of th a t certain  contract m ade and en tered  into by 
and betw een C larksdale Municipal S epara te  School 
D istrict, Coahoma County, Mississippi, by its Board



179

of T rustees, and Coahoma County School D istrict 
of Coahoma County, M ississippi, by its B oard of E du­
cation, on the 13th day of Septem ber, 1960, be, and 
the sam e is hereby, am ended to read  as follows:

“ (1) P a rty  of the second p a r t shall use its every 
influence to have a successful bond issue election 
which will be called  in th is d is tric t to subm it to the 
voters of th a t d istrict the proposition as to w hether 
bonds of said  d is tric t shall be issued in the p rin ­
cipal sum of $1,200,000 for the purpose of providing- 
money needed to construct a m odern Senior High 
School large enough to provide adequately  for the edu­
cational needs of w hite students in school g rades ten  
through tw elve who reside in the school d is tric ts  of 
the p a rtie s  hereto . In the event said  bond issue c a r­
ries w ith the requ isite  vote requ ired  by law, pa rty  
of the second p a rt shall use the proceeds from  the said 
bond issue a fte r deducting said  bond expenses, for 
the purpose of erecting  the school building refe rred  
to above, and a t the option of the p a rty  of the firs t 
p a rt m ay be aided in the paym ent of said  school 
building by the p a rty  of the firs t part by use of its 
portion of m oney of the S ixteenth  Section P rincipal 
Funds of Section 16, Township 27, Range 4 West, 
Coahom a County, M ississippi.”

Be it fu rth er Resolved, That in the event the State 
E ducational F inance Commission approves the 
amendment set forth  in the foregoing p a rag rap h  of 
this resolution and the Board of T rustees of Clarks- 
dale M unicipal S epara te  School D istric t agrees to the 
expenditure provided thereunder th a t the B oard of 
Education of Coahoma County, M ississippi, expend



180

all th a t portion of the P rincipal Funds of Section 16, 
Township 27, Range 4 West, Coahoma County, Mis­
sissippi, a ttribu tab le  to or belonging to C larksdale 
Municipal S epara te  School D istric t in aiding in the 
construction of the Clarksdale-Coahom a High School 
building.

On m otion by G raham  Bram lett, seconded by S. H. 
Kyle and unanim ously approved, the  low bid of S tand­
a rd  Oil Co. for gasoline for the m onth of M ay w as 
accepted. This bid was in the amount of 11.40c per 
gallon w ith 1%  discount-30 days.

Claims 1330 through 1489, inclusive, w ere approved 
by the B oard for paym ent.

On motion by S. H. Kyle, seconded by G raham  
B ram lett and unanim ously adopted, the B oard agreed  
to move the house known as the “Coach’s Home” 
located a t the Sunflower School to the site of the 
new Africa-Roundaway Colored School to be used 
as a c a re tak e r’s home or faculty  m em ber’s home 
in order th a t they m ight keep w atch  over the prop­
erty . The bid of H ayes M overs in the amount 
of $450.00 w as accepted.

On motion by S. H. Kyle, seconded by Graham  
Bram lett and unanim ously approved, the following 
list of equipm ent for the Africa-Roundaway School 
as recom m ended by the Superintendent w as approved 
for purchase:



No. Description
26 Prim ary tables

248 Primary Chairs
165 15" Tablet arm chairs
75 17" Tablet arm chairs
16 General Purpose chairs
4 Home Ec. tables

32 Home Ec. chairs
4 Sewing machines

400 Folding chairs
10 Folding tables

100 Oak stools
1 Refrigerator
1 Cafe Range

Silverware
12 doz. Plastic tumblers

1 Electric mixer
1 Swivel chair
1 Floor polisher
1 Milk cooler
3 Garbage Cans

Successful Bidder Amount
Miss- School Supply Co. $ 663.00
Miss. School Supply Co. 1,091.20
Miss. School Supply Co. 1,287.00
Miss. School Supply Co. 633.75
Miss. School Supply Co. 99.20
Central School Supply Co. 177.80
Central School Supply Co- 179.84
Singer Sewing Machine Co. 353.00
Central School Supply Co. 1,308.00
Central School Supply Co. 259.70
Miss. School Supply Co. 365.00
Sulkin-Tate, Inc. 494.40

House-Bond Co. 53.05
House-Bond Co. 15-60
Sulkin-Tate Co. 265.00
Miss. School Supply 21.60
Miss. School Supply 245.00
Sulkin-Tate Co. 264.00
House-Bond Co. 18.45



N egro T eachers E lected for 1962-1963 School Session.
May 8, 1962.

A frica-Roundaw ay:
J. P . Myles, Phyllis D. E rvin , Edw ard A. Queen, 

Jew ett Conner, H enry Allen, M artha Holmes, M arie 
S tew art, M arganna P ark er, Annie L. Myles, G erald­
ine E. Brown, B eatrice  S treet, O. L. Spragin, Bessie 
Louise Davis, G ertrude Ingram , Johnnie B. Strong.

Dublin:
R. S. Willis, Lena R. Mixon, Annis A. Poindexter, 

Vernice E. R encher, M andie C. Jefferson, E ssie  Belle 
W illiams, Cozetta M. W hite, Jean  C. D upree, Willie 
Mae Fields, Carolyn J. W illiam s, Joseph N. R ichard­
son, E v a  N. Gibbs, Ora L. Sexton, Samuel E . Wil­
liams, Timothy L. Gates, Willie L. N orphlet, J . D. 
M ontgomery, M ary H. Shannon, M ary B. W edding- 
ton Johnson, Kathryn; G. MlcDougal, Tommie Wil­
iam s.

E astover:
Delia V. Brinson.

F r ia rs  Point:
L. C. Scott, Melville C. Tillis, Helen C. Scott, Lu- 

c re tia  C. Jones, M ary P. Ying, L illian O. H um phries, 
Rubye D. Humphries, Eugene Howard, Rudolphia R. 
Hall, B ertha  B. Riley, Rubye B. H ughes, Irene Gil­
bert, M ary H. Hoosman, Delores D. Tunson, Iola 
Dawson, Alice R andle.



183

Hops on:
M argare t K. Chapm an, G race Terrell, Belzoni 

Coates, Louella K. S ingletary.

Hull:
W. J. Jones, Inell May, Vivian M. Jones, Jam es 

Shelby,, E m m a Jea n  Robinson, Vemotfca L. Wed- 
dington, F ran k  Bluntson, Allie D. Anderson, A lberta  
Stone, Willie L. Greenwood, M arie E . H arris, Chris­
tine P. Jenkins.

Jonestown:
J. W. Poindexter, V. L. Rencher, W infield Cun­

ningham, L. P . Jones, H arry  Humphries, M yrtle B. 
Shanks, E dna P. Luckett, Johnny W ashington, Jean
M. D erry, Irene T. A rm strong, Addye B. Poindexter, 
Beatrice D. Scott, Vera I. Jefferson , M ary H. Brown, 
M ary Helen Delk, Delia W illiams, L au ra  B. F ields, 
M attie B. T rotter, Pinkie Davis, Ruby Glass, Lela B'. 
Cooper.

L u la :
Lula E. Pendleton, L a rry  D. Jackson, E lizabeth  

Bowie Wilson. Velma F eatherstone  Gates, M aenetta 
A. Williams, Alene Cosey, G lorist Jackson, Lula D. 
Weeks. R achel V. Shelby, Rubye B. Cosby, R osa 
A rm strong, Rosie Mae Shelby, Annie J. Billups, Addie 
Mae Beasley. B ernice J. W right.

Lyon:
J. D. Williams, Thelma P. Piggie, S arah  Lee Sims, 

M argie Mason. Sara B. Cannon. M ary Agnes Lee. 
Emma T.pur a Mason. Rosetta S. Blade, Sidnev W al­
lace. Blanche L. Stacks. L ea ra  L. Thompson. Jam es



184

Shanks, R uth  K. Hall, Lee E tta  Jones, Charles H. 
Jones, Lula Mae Payne, Selm a G. Williams, Yvonne 
Rich.

McCloud:
Charles H, Ball, E lla  M. Compton, Thelma Melchor, 

M ary E . M arshall, D avid C. H arris , Em m a J. Long, 
W illiam H. Gatewood, Annye E . D augherty .

S herard :
F . W. Palm er, M abeline T. Flow ers, R osetta  H. 

B rantley , Blanche Palm er, A udrey Ball, Mamie S. 
Gipson, M atilda D .Jam es, B enjam in F. Jones, Eve 
lyn S. Gooden, F oster James, Jea n  A. Palm er, E dna  
B. Jo rdan , A lbertine C. Neely, F lorence W. Hicks.

Sycamore:
Ida  Mae Jackson  Turner.

Sandy Bayou:
Dorothy Moore A rm strong, Isiah  Brown, McKinley 

M artin, Law rence Furdge.

The Board approved a list of negro teachers for 
the colored county schools, this list being on file in 
the office of the Superintendent.

On motion by G raham  R ram lett, seconded by S. H. 
Kyle and unanim ously adopted, the Superin tendent 
w as instructed  to request from the Educational F i­
nance Commission a bid date for equipm ent for the 
addition a t the F r ia rs  Point Colored School.

On motion by S. H. Kyle, seconded by G raham  
B ram lett and unanim ously adopted, the following



185

construction change orders for the Clarksdale-Coa- 
hom a High School w ere approved:

One (1) Aluminum Sliding Window with steel
wire guards—-material and labor .............. $ 97.75

Two (2) Standard Single Modern folding doors,
complete-—labor and material ...................... 177.00

One (1) Kinear Steel Rolling Door—labor and
material ............................................................. 332.00

For furnishing six (6) Wasco Vent Domes with
fans ...............................................- ...................  1,536-00

For furnishing conduit in the P. E. classroom,
#189, for telephone location ......................  45.00

For furnishing and installing grill in the duct
of Room 72 ....................................................... 55.00

$ 2,242.75
Plus 10% overhead and profit .........................  224.27

2,467.02
Nine (9)
Four (4) outlets for Drivers’ Trainer unit for a

total of ..............................................................  $ 208.00
Installing one (1) 5 HP outlet in woodshop . . 57.00

$ 265.00

The m eeting w as adjourned over until May 15, 
1962, a t 7:45 P.M . to complete the agenda.

S. B. WISE,
PAUL M. HUNTER.

State of M ississippi,
County of Coahoma.

I, P au l M. H unter, County Superin tendent of E du­
cation and Secretary  of the Board of E ducation  of



186

Coahoma County, M ississippi, do hereby certify  tha t 
the above and foregoing contains a whole, tru e  and 
correct copy of M inutes of May 8, 1963, as the same 
appears on file and of record in Book III, P ages 
203-205, of the records in my office, a t C larksdale, 
Miss.

W itness my H and and Seal, th is the . . day of . . , 
1963.

(Seal) PAUL M. HUNTER.

DEFT. EXH. # 3 .

M ay 14, 1963.

The regu lar m eeting of the Coahoma County Board 
of Education  w as held on the above date w ith the 
following m em bers present: S. B-. Wise, S. H. Kyle, 
J . F. Humber, J r . ,  Graham. B ram lett and C. M. 
Allen.

Claims 3065 through 3196, inclusive, w ere approved 
for paym ent.

M inutes of the previous m eeting w ere read  and 
approved.

Mr. T. H. P earso n  and Mr. M axwell, representing  
Hamm G rain Co. of W ichita, K ansas, appeared  before 
the Board asking th a t th ree  (3) acres of the Lula- 
Rich School site be sold to them  for the erection  of 
a g ra in  elevator. The following motion w as offered 
bjr Mr. S. H. Kyle, seconded by Mr. G raham  Bram-



187

lett: the th ree  (3) acres suggested  be advertised  
for sale w ith bids to be recieved by 10:00 A.M. June 
11; th a t a 60-day lease be given to the Hamm Grain 
Co. of the th ree  (3) acres of ground or until the sale 
is finalized; th a t no price less than $2,000.00 per acre 
be accepted. The above motion was unanimously passed.

Bids for gasoline for the month of May w ere opened 
and on a motion by S. H. Kyle, seconded by C. M. 
Allen and unanim ously approved, the con tract was 
aw arded  to the lowest bidder, that being the Am eri­
can Oil Co., the price being 11c per gallon w ith 1% 
discount-30 days.

Bids w ere opened for a new electrical sw itch panel 
for the Jonestow n E lem en ta ry  White School and on 
a m otion by J. F. Humber, J r ., seconded by C. M. 
Allen and unanim ously approved, the contract w as 
aw arded to the low bidder, th a t being F  & M E lec­
tric  Co. of Clarksdale in the amount of $205.65.

Bids w ere opened for the w iring of the cafe te ria  
addition a t the F r ia rs  Point White E lem entary School, 
and on a motion by C. M. Allen, seconded by G raham  
B ram lett and unanim ously adopted, Coker H eating, 
Plum bing and E lectric t Co. w as aw arded the contract 
as being the best bid and the am ount being $162,.75.

On a motion by S. H. Kyle, seconded by C. M. Allen 
and unanim ously adopted, the school calendar for 
the colored schools for the year 1963-64, as recom­
m ended by the Superintendent, w as approved.



188

On a motion by G raham  Bram lett, seconded by 
J . F . Humber, J r .  and unanim ously adopted, the 
school calendar for the w hite schools for the y ear 
1963-64, as recommended by the Superintendent, 
w as approved.

The B oard instructed  the Superintendent to contact 
the E ducation  Finance Commission to ask  for a  bid 
date of June 17 for the purpose of receiving bids for 
the lighting p ro jects at the Jonestow n and Dublin 
A ttendance C enters. The sam e date is to be used to 
receive bids for the F r ia rs  Point A ttendance Center 
which is not an Educational Finance Commission 
project.

The Superin tendent reported  th a t there w as a ques­
tion as to the safety  of the steam  boiler a t the Dublin 
E lem entary  W hite School and a fte r considerable dis­
cussion S. H. Kyle offered the following motion which 
was seconded by C. M. Allen: the Superintendent 
employ a consulting engineer who is qualified to 
m ake a complete inspection and study of the ex ist­
ing boiler and m ake a repo rt of same to the Board. 
The m otion w as unanim ously carried .

On a motion by S. H. Kyle, seconded by J . F . Hum­
ber, J r . and unanimously adopted, the B oard ap­
proved Jeanes Supervisor W hite’s taking p a rt in a 
w orkshop Ju ly  8 to August 10.

A list of colored teachers  for the 1963-64 school 
term  w as subm itted  and recom m ended by the Super­
intendent. On a motion by S. H. Kyle, seconded by



189

G raham  B ram le tt and unanim ously passed, the fol­
lowing list was approved:

A frica-Roundaw ay School:
1. Annie L. Myles. 2. M arganna P a rk e r. 3. Dixie

G. Flowers. 4. M arie F. S tew ard. 5. M artiida D. 
Jam es. 6. Bessie L. Davis. 7. G ertrude Ingram . 8. 
Johnnie B. Strong. 9. M artha W. Holmes. 10. O. L. 
Spragin. 11. H enry Allen. 12. E dw ard  A. Queen. 13. 
Phyllis D. E rvin . 14. B eatrice S treet. 15. Jew ett Con­
ner. 16. H enrie tta  Spragin. 17. F o ste r Jam es. 18. G er­
aldine Brown.

Dublin School:
1. Lena B. Mison. 2. Willie M. Fields. 3. Vernice

S. Rencher. 4. Mandie C. Jefferson. 5. Cozetta M. 
White. 6. Essie B. W illiams. 7. Jean  C. Dupree. 8. 
Carolyn J. W illiams. 9. Annis A. Poindexter. 10. Ora 
L. Sexton. 11. Joseph N. Richardson. 12. Mary H. 
Shannon. 13. Timothy L. G ates. 14. Willie L, Norphlet. 
15. J . D. Montgomery. 16. K athryn G. McDougal.
17. M ary W. Johnson. 18. E va  N. Gibbs. 19. Tom m ie
W illiams. 20..........................................

F r ia rs  Point:
1. Melville C. Tillis. 2. L ucretia  Jones. 3. Annie 

E . D augherty . 4. Lillian O. H um phries. 5. M ary H. 
Hoosman. 6. Eugene H ov^rd . 7. Ruby D. Humphries. 
8. Iola L. Dawson. 9. TJz'elma M. M elchor. 10. Rud- 
olphia R. Hall. 11. M>fy M. M arshall. 12. Em ma J. 
Long. 13. M ary P. Ying. 14. Alice R andle. 15. Ruby 
B. Hughes. 16. Willie B. Martin. 17. Ella Mary Compton.
18. B ertha  Riley. 19. Helen iC. Scott.



190

Hopson:
1. G race Terrell. 2. Louella S ingletary 3. Belzoni 

Coates.

Hull School:
1. Christine Jenkins. 2. Marie F. Harris. 3. Willie 

L. Greenwood. 4. James Austin Shelby. 5. Allie D. 
Anderson. 6. F ran k  Bluntson, J r .  7. V ernetta  L. Wed- 
dington. 8. Inell May. 9. V ivian M. Jones. 10. A lberta 
Stone.

Jonestow n School:
1. W infield Cunningham . 2. E dna P. Luckett. 

3. M yrtle B. Shanks. 4. V arner L. R encher. 5. Leroy 
P. Jones. 6. H arry  C. H um phries. 7. Johnny W ashing­
ton. 8. Jean D. F razier. 9. Irene T. A rm strong. 10. 
Thom as J. Reed. 11. Addye B. Poindexter. 12. B eat­
rice D. Scott. 13. V era I. Jefferson. 14. M ary H. 
Brown. 15. M ary H. Delk, 16. D elia H. W illiams. 17. 
L au ra  F . Williams. 18. Sadie H arris . 19. M attie P. 
T rotter. 20. Ruby H. G lass. 21. P inkie Davis. 22. 
Lela B. Cooper.

Lula School:
1. Larry D. Jackson. 2. Elizabeth B. Wilson. 3. 

Velm a F. G ates. 4. Glorist E . Jackson. 5. Alen Cosey.
6. Lula D. W eeks. 7. R achel V. Shelby. 8. Rubye B. 
Cosby. 9. R osa A rm strong. 10. Rosie M. Shelby. 11. 
Annie J. Billups. 12. Maenetta. A. Williams. 13. Edith  
W alls. 14........................................

Lvon School:
1. Thelm a P. P igsie . 2. Sarah Lee Sims. 3. M argie 

Mason. 4. S ara  B. Cannon. 5. E m m a L au ra  Mason.
6. M ary Agnes Lee. 7. R osetta  S. B lade. 8. Sidney



191

W allace. 9. B lanche L. Stacks. 10. Leara L. Thomp­
son. 11. Jam es A. Shanks. 12. Ruth K. Hall. 13. Lee 
E tta  Jones. 14. C harles H. Jones, 15. Jam es Piggie. 
16. Lula M. P ayne. 17. Selma G. W illiams. 18. Yvonne 
Rich. 19. Allen F isher, J r .

S herard  School:
.1. A lbertine C. Neely. 2. D elia V. Brinson. 3. M abe- 

line F. Floyd. 4. R osetta  H. B rantley. 5. Evelyn S. 
Gooden. 6. Blanche T. Palm er. 7. Edna B-. Jo rdan . 8. 
Corrine M. Hebrone. 9. Nannie H. R ichardson. 10. 
Mamie S. Gipson. 11. Ida  J . Turner. 12. G eorgia R. 
M adden. 13. Jea n  A. Palm er. 14. Elouise H atchett. 
15. Audrey Ball. 16. B enjam in  F. Jones. 17. W illiam s
H. Gatewood. 18. D avis C. H arris . 19. Florence W. 
Hicks.

On a m otion by S. H. Kyle, seconded by C. M. Allen 
and unanim ously adopted, the term s for the lease to 
the City of C larksdale of the one (1) acre site located 
in Section 16, Township 27, R ange 4 w ere set at 
$250.00 for the duraton of the 99 year lease.

A motion w as m ade by G raham  B ram le tt, seconded 
by J. F. Hum ber, J r ., to em ploy m ale faculty  m em ­
bers of the J r . and Sr. High Schools to drive the activity 
busses for next year w here it is possible to do so. 
The ra te  of pay is to be a $45.00 per month.

The Superin tendent w as instructed  to make a sug­
gested plan by next m eeting as to how to increase the 
pay for the regu lar bus drivers.

The B oard approved the request of Rev. H erbert 
G addy to hold a rev ival in the Sunflower School



192

auditorium  for two weeks during the sum m er m onths. 
A committee is to be appointed by Rev. Gaddy to act 
as custodians of the building and a fa ir am ount is to 
be paid for the utility  bills.

On a m otion by G raham  B ram lett, seconded by C. 
M. Allen and unanim ously adopted, an additional 
teach er is to be em ployed for the 1963-64 school session 
a t the Jonestow n Attendance Center to teach  the 
fourth grade.

The Superintendent recom m ended the employment 
of Miss L inda Womble as a firs t g rade teacher a t the 
Jonestow n A ttendance Center for 1963-64 school term . 
S. H. Kyle m ade a motion th a t th is teacher be em ­
ployed and C. M. Allen seconded the motion which 
was unanimously carried .

S. H. Kyle m ade a motion, seconded by G raham  
B ram lett and unanim ously acfopted, th a t the m anag­
e r’s house located in Section 16, Township 28, Range 
4, which land is now under lease to M r. H arvey 
Longino, be inspected and if a new roof is needed to 
have same installed.

The m eeting adjourned over until ...............................
(S.) S. B. WISE,
(S.) PAUL M. HUNTER.

I do hereby certify  tha t the above is a true  and 
co rrect copy of the m inutes of the Coahoma County 
B oard of Education of May 14. 1963. M. B. Ill, P age  
246.



193

A certified copy of the above w as filed in the  civil 
action case No. D-C43-62 in the d is tric t Court of the 
U nited S tates for the N orthern d istric t of M ississippi, 
Delta division, and was lost.

PAUL M. HUNTER,
(Seal) S ecre tary , Coahoma County

B oard of Education.

MOTION TO AMEND PLEADINGS TO CONFORM 
TO THE EVIDENCE.

Filed Aug. 3, 1963.

In the United S tates D istrict Court, for the N orthern  
D istrict of M ississippi, D elta Division.

Noelle M. H enry, Plaintiff, 
vs.

Coahom a County Board of Education; P au l M. Hunter, 
Superin tendent, et al., D efendants.

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

Plain tiff, pu rsuan t to the provisions of Rule 15(b), 
F ed e ra l Rules of Civil P rocedure, moves the Court for 
leave to am end the com plaint here in  to conform to the 
evidence introduced a t the tria l of the cause as fol­
lows:

I.

By amending p a rag rap h  2 of the Complaint to read :

This is a proceeding for a  prelim inary and perm a­
nent injunction enjoining the Coahoma County Board of



194

Education, its  m em bers and its Superintendent, from 
refusing to re insta te  the plaintiff Noelle Henry to her 
position as a teacher in the Coahom a County School 
System  because she and her husband, Dr. A aron 
H enry, a re  m em bers of the N ational Association for 
the A dvancem ent of Colored People (NAACP), and 
engage in certa in  civil righ ts activ ities pro tected  by 
the U nited S tates Constitution. M oreover, plaintiff 
sues to enjoin defendants from  refusing to offer h er 
a contract because said  refusal, according to the evi­
dence, was based  on the re fu sa l of defendan t Super­
in tendent to recom m end her for employm ent and th is  
refusal is based  on the  following: (a) D efendant Super­
in tendent had  h eard  th a t p la in tiffs  husband had  been 
convicted of d isturbing the peace, bu t had  no fu rth er 
knowledge thereof; (b) said  defendant had h eard  
th a t p la in tiff’s husband w as defendant in a libel suit 
but had no fu rth er knowledge thereof; said  defend­
an t had  h eard  th a t p lain tiff would be defendant in a 
suit to set aside a fraudulent conveyance, said knowl­
edge having been learn ed  from counsel for plaintiffs 
in said suit, but defendant herein had no further knowl­
edge thereof.

This action also seeks to enjoin the defendants from  
requiring  plain tiff to file y early  affidavits listing all 
organizations to which she belongs an d /o r regu larly  
contributes.

II.

By amending the introductory section in paragraph 
5 of the Complaint to read:

D efendants, acting under color of the authority  
vested in them  by the law s of the State of M ississippi



195

failed and refused  to offer plaintiff a contract to teach 
in the Coahoma County schools for the 1962-63 school 
year by reason of the civil rights activities and associa­
tions designed to end racial discrim ination, engaged in 
by her and her husband. Moreover, plaintiff sues to 
enjoin defendants from refusing to offer her a contract 
because said  refusal, according to the  evidence, w as 
based  on the refusal of defendant Superin tendent to 
recom m end her for em ploym ent and th is refusal is 
based  on the following: (a) D efendant Superin tendent 
had h eard  th a t p la in tiff’s husband had  been convicted 
of disturbing the peace, but had no fu rth e r knowledge 

thereof; (b) said  defendant had  h eard  th a t p la in tiff’s 
husband w as defendant in a libel suit but had no fu r­
th e r knowledge thereof; and defendant had heard  th a t 
plain tiff would be defendant in a su it to set aside a 
fraudulen t conveyance, said  knowledge having been 
learned  from  counsel for p laintiffs in said  suit, but 
defendant herein had  no fu rth er knowledge thereof.

III.

By am ending parag raph  5 of the Complaint by add­
ing subsection ( i ) :

(i) On or about M arch 14, 1962, P au l H unter, the. 
Superintendent of defendant Board read  in the new s­
paper th a t Dr. Aaron Henry, p la in tiffs  husband, had 
been a rre s ted  on a m ora ls  charge and convicted in 
a Justice of the P eace  Court of d isturb ing  the  peace, 
and determ ined a t th a t point not to offer plain tiff a 
contract for the 1962-63 school year. As a resu lt of a 
w ritten  denial by plain tiff’s husband of the charges 
brought against him, including a charge th a t he w as 
being prosecuted because of his civil righ ts activities,



196

a libel su it w as filed against him on A pril 25, 1962,, 
by the a rre s tin g  officer and the Coahoma County 
prosecutor. On M ay 15, 1962, the plain tiffs in  the 
libel action filed a suit against p la in tiff h ere in  ch arg ­
ing a fraudu len t conveyance to her of D r. H enry’s 
property , which action is pending. Superin tendent 
H unter now sta tes  th a t these th ree  suits provided the  
basis on w hich he determ ined not to offer p la in tiff a 
teaching contract for the 1962-63 school year.

IV.

By am ending parag rap h  8 of the C om plaint to read :

P la in tiff’s teaching  record  in the defendan ts’ schools 
has been excellent, and the defendan ts’ decision not 
in the NAACP, her husband’s leadersh ip  in the 
NAACP’s p rogram  to end racial segregation  in schools 
and other public facilities. To th is extent, refusal to 
renew  her contract denied to her due process of law 
and the equal protection of the law s secured by the 
F ourteen th  Am endm ent to the United S tates Constitu­
tion. M oreover, the refusal to employ, allegedly be­
cause of h er husband’s conviction of disturbing the 
peace and civil litigation which ensued th e reafte r, w as 
a rb itra ry  and capricious, violating plaintiff’s righ ts to 
due process of law  and the equal protection of the 
law s and constitutes a bill of a tta inder under the 
F ourteen th  A m endm ent to the United Staes Constitu­
tion.

V.

By am ending paragraph  2 of the W herefore Clause 
to read:



197

2. E n ter a p relim inary  and perm anent injunction 
requ iring  the denfendants, th e ir  agents, employees, 
successors, and those acting in concert w ith them, to 
offer plain tiff a teaching contract in the Coahoma 
County public schools and to continue such contrac­
tu a l basis w ithout regard: to p la in tiff’s constitutionally  
pro tected  m em bership in the NAACP, h er husband’s 
m em bership and leadersh ip  activity in behalf of civil 
righ ts generally  and the desegregation of the public 
schools in p a rticu la r, and w ithout refusing said  
teaching co n trac t for a rb itra ry  reasons including the 
conviction of plaintiff’s husband in a s ta te  Justice  
of the P eace  Court on disturbance of the peace charges 
and civil litigation growing out of p lain tiff’s husband’s 
assertion  th a t such conviction w as p a rt of a cam paign 
of harassm en t because of his civil righ ts activities.

(S.) R. JESS BROWN,
(R. Jess Brown).

125% North Parish Street,
Jackson, M ississippi.

DERRICK A. BELL, JR ., 
(D errick  A. Bell, J r . ) ,

JACK GREENBERG, 
CONSTANCE BAKER MOT­

LEY,
A ttorneys for P laintiff.

10 Columbus Circle,
New Y ork 19, New York.



198

OPINION.

Filed Dec. 26, 1963.

(Title O m itted.)

P la in tiff filed h e r com plaint against the County 
Superin tendent of Education and the B oard of E du­
cation of Coahoma County, M ississippi, alleging th a t 
the board had  failed  to reh ire  her as a  schoolteacher 
for the school y e a r 1962-1963 because she and her 
husband a re  and w ere engaged in certain  civil righ ts 
activities w ith goals and objectives co n tra ry  to the 
policies an dviews of defendants. She seeks injunctive 
relief to requ ire  th a t defendants reh ire  her as a teach­
er. Through inform al assistance from  the Court 
and w ith the cooperation of counsel for defendants 
technical requ irem en ts  of process w ere perfected  or 
in effect w aived in o rder to m ake the case triab le  
and to avoid any fu rth e r unnecessary  delay. I t w as 
heard by the Court sitting w ithout a ju ry  in com plaint 
and answ er. At the conclusion of the hearing  the 
Court directed th a t the case be subm itted on m em ­
orandum  briefs of the parties. W ithin the tim e fixed 
for p lain tiff’s b rief to come in, she m oved to amend 
h er complaint under Rule 15 (b ), F edera l Rules of 
Civil P rocedure, to conform to the evidence by adding 
as an additional ground for the re lief sought a llega­
tions th a t defendants failed to re-em ploy plain tiff be­
cause of her husband’s involvem ent in law suits and 
a crim inal prosecution and the possibility th a t p lain­
tiff would be joined in a suit to set aside as fraudulent, 
conveyances of n roperty  m ade to her by h e r husband. 
This motion is opposed bv defendants and w as taken



199

with the ease for consideration on briefs. T hat m otion 
will be dealt w ith first.

P la in tiff and h e r husband a re  both N egroes and 
the suit as originally filed was p red icated  on the 
theory  th a t defendants did not re-employ plain tiff 
because of her activities and the activ ities of her 
husband in the field of civil righ ts for m em bers of 
the Negro race. While the underlying prupose of the 
ru le is to perm it final disposition of a case on the 
evidence ra th e r  than on pleadings, th is proposed 
am endm ent would in fac t alm ost en tirely  change the; 
ch arac te r of the case. In addition, here  we are con­
fronted  w ith a pecu liar situation  which p resen ts ai 
serious problem  of notice and an opportunity to be 
heard  w ith a full and fa ir opportunity to develop 
evidentially  the point of inquiry now raised as an issue 
in the case for the first tim e by the m otion to amend, 
severa l days a fte r the hearing  w as over. The evidence 
which forms the basis for the motion came into the  
case in response to questions from the bench. It did 
not resu lt from  nor w as it developed by questions 
from counsel. And, it cam e in over objection by p lain ­
tiff.

It w as then and is now quite obvious that neither 
side had prepared  to try  the case w ith th is a rea  of 
inquiry in mind. It w as equally  apparent th a t neither 
side a t the hearing  considered th a t the Court’s in­
quiry had in jected  a new issue into the case. W ith 
reasonab le  notice there  can be little  doubt but that 
this aspect of the controversy could be much m ore 
fully developed.

Second thoughts now m ake it seem th a t this Court 
m ight have been derelict in not d irecting  a supple­



200

m ental hearing, w ith reasonab le  notice, for the full 
evidential developm ent of only th is one aspect of the 
controversy . Undoubtedly, if plain tiff had m oved 
prom ptly to am end a t the close of the hearing  such 
a course of action then  would have been followed. 
M odern concepts of justice under our notice p rac tice  
seem  to dictate, in this situation, w ith the incom plete 
developm ent of th is a re a  of inquiry, th a t the am end­
m ent be not now, a t th is late date, allowed.

“As has been pointed out earlie r, how ever, fa ir  
notice rem ains essential, and pleadings w ill not be 
deem ed am ended to conform to the evidence because 
of a supposed ‘implied consent’ w here the circum ­
stances w ere such th a t the other p a rty  w as not put 
on notice that a new issue was being raised * * *. 
The righ t to am end to conform to proof is necessarily  
dependent upon the individual fac ts  and circum ­
stan ces .” B arron  & Holtzoff, Federa l P rac tic e  & P ro ­
cedure, Vol. 1-A, § 449, page 792.

Accordingly, the m otion to am end will be overruled.
However, in o rder th a t the Court of Appeals m ay 

have the benefit of th is Court’s views w ith respect 
to the incomplete development of the “law suit” aspect 
of th is case, in the event of an appeal, it will be 
d ealt w ith just as if the p lain tiff’s motion to am end 
had been susta ined  here.

In order to put all of the questions in th is case in  
proper perspective the s ta tu to ry  system  which exists 
in the S tate  of M ississippi for the em ploym ent of all 
teachers  in such a school system  as th a t w ith which 
we a re  concerned in th is case m ust be understood.



201

Briefly, th is system  is th a t teachers have no tenure, 
but a re  employed on a one year con tract basis. These 
contracts develop by the principal of each  a ttendance  
cen te r recom m ending to the county superin tendent of 
education teach ers  for em ploym ent in his school. If 
the county superin tenden t ag rees w ith these recom ­
m endations, he recommends to the county board of 
education th a t the people so recommended be em ­
ployed for th a t school as teach ers  for the nex t school 
year. If the county superin tendent does not agree w ith 
the  recom m endations m ade by the principal, he makes 
recom m endations on his own in itiative. In e ither event 
the board  of education is pow erless to employ anyone 
as a teach er in such a public school system  unless 
th a t person is recommended by the county superintend­
e n t!  This question was specifically at issue in the 
case of Lott v. State, 239 Miss. 97, 121 So. 2d 402 (I960)- 
And the Court held clearly  th a t the board  of education 
had  no power to employ as a teach e r a person not 
recom m ended by the superin tendent of education.

In  Lott, the position a t issue w as th a t of principal 
of an attendance center. For that position the rec­
ommendation to the board originates with the super­
in tendent, but the au thority  of the board  is no dif­
fe ren t.2 In  th a t case the superin tendent recom m ended 
one person to the board  for employment in  the posi­
tion, but the board  undertook to employ another who 
for political and personal reasons had not been rec­
ommended by the superintendent and the superintendent 
refused to give the board  selected  person  a contract. 
Suit w as to requ ire  him to sign the contract. The 
Suprem e Court of M ississippi, in ter alia, said:

1 Miss. Code Ann. (1942) § 6282-07.
2 Miss. Code Ann. (1942) § 6282-05.



202

“The difficulty here  a rises  because the board  on 
F eb ruary  1 re jec ted  one of the superin tenden t’s rec ­
ommendations and undertook itself to exercise the full 
appointive power. It had the righ t to re jec t the rec­
ommendation, for cause, but not to m ake the  appoint­
m en t of one not recom m ended.”

* * *

“However, THE BOARD HAD NO POW ER UNDER 
THE STATUTE TO MAKE APPOINTM ENT OF A 
PRINCIPAL WHO WAS NOT RECOMMENDED BY 
THE COUNTY SUPERINTENDENT.” (Em phasis 
added.)

The evidence here  is p lain  and uncontradicted  th a t 
the county superin tendent did not recommend p lain­
tiff for employment. Hence, the board w as w ithout 
any authority  to employ her and should not, th e re ­
fore, properly  be in th is case. The board  would be. 
properly  in the case (if it could be a t all) only if the 
superin tenden t had  recom m ended plaintiff and the 
board  had  declined to follow the recommendation. 
P lain tiff is entitled  to no re lief again st the board.

The question ra ised  by the proposed am endm ent 
to the com plaint, w hich h as  been re fe rred  to as the 
“law suit” p a rt of this case will be dealt w ith next. 
Responding to questions put from the bench the 
county superin tendent stated th a t the reasons for his 
refusal to recommend plain tiff for employment w ere 
th a t the husband of plain tiff had  been convicted in a 
Court of record  on a m orals charge; th a t two libel 
suits w ere pending against the husband by the Chief 
of Police of the City of C larksdale and the Prosecuting



A ttorney of C oahom a County, and, th a t he had  been 
re liab ly  inform ed th a t plain tiff would probably be sued 
to set aside as fraudulent, conveyances of property 
m ade to  h e r by her husband.

In  essence as the Court understands it from  the 
sp arse  record m ade on tria l, his position w as tha t 
p la in tiff’s husband had  become notorious in the com­
m unity  and th a t plain tiff was “ta rre d  w ith the same 
b rush” in the public mind by reason  of her m arriage 
and that she, too, probably would become personally 
and unfavorably  involved in the public mind w ith the 
aforem entioned frau d  action. And, th a t because of 
these c ircum stances she had becom e unsuited to teach  
young children .3 Assuming arguendo for the moment 
th a t the superin tenden t’s discretion is subject to judi­
cial review , it has long been recognized th a t a te ach ­
er of young people occupies a sensitive position. For 
exam ple, in A dler v. B oard of Education, 342. U. S. 
485, 96 L. Ed. 517 (1952) it w as said:

“A teacher w orks in a sensitive a re a  in a school­
room. There he shapes the a ttitude  of young minds 
tow ards the society in w hich they live. In this, the 
s ta te  has a v ita l concern. It m ust p reserve  the in­
tegrity  of the schools. That the school authorities 
have the righ t and the duty to screen  the officials, 
teachers, and employees as to th e ir fitness to m ain­
ta in  the integrity  of the schools as a p a rt of ordered  
society, cannot be doubted. One’s associates, past and

3 It is also uncontradicted th a t the superin tendent did 
not recom m end ano ther teacher for re-employ- 
m ent because of the bad repu tation  for m oral m is­
behavior of th a t teacher’s spouse.



204

presen t, as well as one’s conduct, m ay properly  foe 
considered in determ ining fitness and loyalty. PKQM 
Ti m e  IMMEMORIAL, ONE’S REPUTATION HAS 
BEEN DETERMINED IN PART BY THE COM­
PANY HE K E E PS.” (E m phasis added).

Thus, it would ap p ear here  th a t the superin tenden t 
had  good cause and exercised  a sound discretion, and 
that his actions should not now be overturned .

To deal properly  w ith the one p rincipal question 
p resen ted  by the com plaint it is necessary  to sum­
m arize  p lain tiff’s theory  w ith respect there to  and the 
evidence before the Court. The essence of p la in tiffs  
theory  is th a t she and h e r husband are long time mem­
bers of the N ational Association for the A dvancem ent 
of Colored People; th a t h er husband is and h as  been 
M ississippi p residen t of th is organization; th a t these 
activ ities a re  con tra ry  to the policies and views of 
defendants; th a t  she w as not re-em ployed as a te ach ­
er because of these fac ts; and, th a t thereby she w as 
denied her righ ts co n tra ry  to the Constitution of the 
United S tates, especially  am endm ents XIV and V.

It does not requ ire  the citation of any au thority  to 
susta in  the proposition th a t it w as p lain tiff’s burden  
to estab lish  her case on th is theory  by a preponder­
ance of the evidence. This she failed to do. In fact, 
the plain, uncontradicted  evidence is th a t ne ither h er 
m em bership nOr the m em bership of h e r husband in 
the NAACP. nor the  activ ities of e ither or both of 
them  in working for the goals and objectives of th is 
organization had anything to do w ith the re fu sa l of 
the county superin tenden t .to recom m end h e r to the 
board  of education, for reem ploym ent for the school 
y ear 1962-1963. _____



205

The evidence does show that she w as employed, 
on successive one y e a r contracts, as a teach e r in this 
school system  for a period of eleven y ears  (w ith only 
one b reak  for one year, which apparen tly  was a t her 
own choice). It also shows th a t she w as recom m ended 
for re-em ploym ent and th a t she w as reem ployed for 
m any years  a fte r her m em bership and the m em ber­
ship, of her husband in the  NAAlCP, and the activ ities 
of both in the “civil r ig h ts” a re a  w ere w ell known to 
the defendant superin tendent and his predecessor on 
th is office. There a re  no rac ia l or civil rights over­
tones in this record w ith respec t to p la in tiffs  re la tion ­
ship w ith the public school officials of Coahoma Coun­
ty nor w ith respec t to the fac t th a t she w as not rec ­
ommended for reem ploym ent as a teacher.

The real reason  for the refusal of the superin ten­
dent to recommend plain tiff for reem ploym ent (which 
is uncontradicted  by any evidence in th is record) has 
been dealt w ith heretofore in discussing w hat has been 
called the “law suit” phase of th is case and p la in tiffs  
motion to amend.

It also m ust be borne in m ind that p lain tiff had  a 
one y e a r con tract for the school y ear 1961-1962, th a t 
th is con tract w as fully perform ed by the p a rtie s  th e re ­
to, th a t it ran  its course and expired. T hat con tract 
is not and could nut be in  th is case. By its term s and 
under the sta tu tes  no rights survived its expiration 
to any of the contracting parties. D efendants could 
not have required plaintiff to accept another contract, 
nor can plain tiff now requ ire  th a t  she be given a new 
contract. The fac t th a t she had  been employed as a 
teach e r for one y ear (or for m ore th an  one y ear) gave 
h e r no rights to re-em ploym ent for the school y ear 
1962-1963, Or for any other year. W hether she would 
or would not be employed for ano ther y ear depended



206

entire ly  on w hether she would or would not be recom ­
m ended by the superin tendent. He did not recom ­
m end her. That ends the m atter.

As w as said  also in Lott, supra:

“Although political and factionaly  considerations 
should not en ter into a recom m endation by a county 
superin tenden t and an  approval by a county board, 
it is not a judicia l function to determ ine the ex ten t to 
which those fac to rs affected  Lott and the b o a rd .”

The laws of the S tate  of M ississippi, as in terpreted  
by its Suprem e Court in Lott a re  binding on th is Court 
in this case since there is no provison of the con­
stitu tion or law s of the United S tates to the con trary . 
Title 28, U. S. C. § 1652. And, the evidence is wholly 
insufficient, as has been said, to m ake applicable here  
the constitutional theory  relied  on by plaintiff.

It also needs rem em bering that it is not now nor 
has it ever been w ithin the purview  of jud ic ia l power 
to m ake con tracts  for parties. M onrosa V. Carbon 
Black Export, Inc., 359 U. S. 180, 3 L. Ed. (2d) 723, 
79 S. Ct. 710 (1959); M em phis & L. R. R. Co. v. South­
e rn  Export, 117 U. S. 1, 29 L. Ed. 791, 6 S. Ct. 542 
(1882).

None of the cases cited by plain tiff can give h er 
any rea l comfort. Some of them, for example, deal 
w ith the d ischarge of teach ers  during the con tract 
period. C learly they a re  not in point. O thers deal w ith 
the  power of a s ta te  w ith respect to the creation of 
s tan d ard s  for the adm ission to a profession. These 
have no application here. A nother has to do w ith a 
suit by Negro teach ers  for sala ries  equal to those paid



207

for w hite teach ers . No question of salary  is involved 
in th is case. A nother holds th a t there  can  be no d is­
crim ination in the law  w ith reference to the following 
of occupations. No such d iscrim ination  is at issue here. 
All other au thorities cited a re  equally beside the 
point, w ith the exception of Adler, supra , which in 
p a r t supports th is Court’s view of th is controversy.

From  what has been said, it seems obvious th a t 
plain tiff is not entitled  to the p rincipal relief sought 
and this Court will not requ ire  by injunction th a t she 
be re-employed as a teacher in the public school sys­
tem  of Coahoma County, M ississippi.

A ncillary to the  p rincipal re lief sought plain tiff a t­
tack s  a requ irem ent of state law  th a t teach ers  an­
nually  file an affidavit listing  all organizations of 
which they  a re  m em bers. Inasm uch as plaintiff in 
h er p resen t sta tus as a non-teacher is not affected by 
th is requirem ent, th is issue is now moot.

P la in tiff is entitled  to no re lief and an order is being 
en tered  th is date in accordance w ith this opinion.

This the 23rd day of D ecem ber, 1963.
CLAUDE F. CLAYTON,

(Claude F. C layton),
D istric t Judge:.



208

ORDER,

..............(Title O m itte d .) .................................

In accordance w ith the opinion of the Court re leased  
th is da te  in th is cause, it is,

O rdered: i

(2) T hat the motion of the plaintiff, Noelle M, 
H enry, to am end the p leadings to conform  with the 
evidence shall be and is hereby  overruled.

. (2) That the p ray e r of the com plaint shall be and 
is hereby  denied and the sam e is hereby dismissed.

(3) That the defendants are aw arded costs from 
the plaintiff as they  m ay have in course been taxed .

This the 23rd day of Decem ber, 1963.
CLAUDE F. CLAYTON,

(Claude F . C layton),
D istric t Judge.

Ent. C O. B. 2, p. 568, on Decem ber 26, 1963.



209

NOTICE OF APPEAL. - — "

Filed  Dec. 31,,1963.

In  the United S tates D istric t Court, for the N orthern  
D istric t of M ississippi, D elta Division.

Noelle M. H enry, P lain tiff, .....
v. Civil Action No. D-C-43-62- 

Coahoma County B oard of Education, et al., Defendant-

Notice is hereby  given th a t Noelle M. H enry, p la in­
tiff in this cause, appeals to the Court of Appeals for 
the F ifth  C ircuit from this Court’s order of D ecem ber 
23, 19-63 denying the  re lief prayed for in the  com plaint 
and dism issing sam e, and overruling p lain tiff’s mo­
tion to am end the pleadings to conform w ith the evi­
dence.

Dated: December 30, 1963.
D ERRICK A. BELL, JR .,
R. JESS BROWN,

125y2 N. Farish S treet,
Jackson, M ississippi. ■

JACK GREENBERG, 
CONSTANCE BAKER MOT­

LEY,
DERRICK A. BELL, JR., 

A ttorneys for P lain tiff.
10 Columbus (Circle,

New Y ork 19, New York.



210

PERSONAL BOND ON APPEAL SECURED BY 
CASH DEPOSIT.

Filed Dec. 31, 1963.

(Title O m itted.)

The plaintiff, Noelle H enry, having  filed notice of 
appeal from  the judgm ent of th is Court on the 31st 
day of D ecem ber, 1963, to the U nited S tates Court of 
Appeals for the F ifth  C ircuit, herew ith  deposits in the 
R egistry  of the C ourt the sum of Two H undred and 
Fifty  D ollars, subject to the o rders of the Court as 
security  tha t said  appellant shall p rosecute h e r said 
appeal to effect; and th a t said  appellan t shall pay to 
defendan t Coahoma County B oard of Education, all 
costs if the appeal is dism issed or the judgm ent af­
firm ed, or such costs as the appellate C ourt m ay  
aw ard if the judgm ent is modified.

DERRICK A. BELL, JR ., 
A ttorney for P lain tiff.

PL A IN TIFF’S) DESIGNATION OF CONTENTS OF 
RECORD ON A PP E A L .

F iled  Jan . 4, 1964.

(Title Om itted.)

In  conformance w ith Rule 75(a) of the Federal Rules 
of Civil P rocedure , p lain tiff hereby  files the following 
as the designation of the contents of the record on ap­
peal, which record will be p repared  as provided for



211

in Rule 23(a)(9) of the R ules of the U nited States 
Court of A ppeals for the F ifth  C ircuit:

1. Complaint.

2. Motion for P relim inary  Injunction.

3. Answer to Motion for P relim inary  Injunction.

4. Answer.

5. P la in tiff’s In terrogato ries.

61 Objection to  In terrogato ries.

7. O rder w ith R espect to P a rtie s .

8. Answer of D efendants Allen and Humber.

9. A ffidavit of Paul M. H unter.

10. M emorandum Opinion and O rder.

11. Answer to Interrogatories.

12. T rial T ranscrip t, Ju ly  29, 1963 (excluding ex­
hibits) .

13. Motion to Amend P lead ings to Conform to the 
Evidence.

14. Opinion.

15. O rder.



212

16. Notice of Appeal.

17. This Designation.

DEFENDANTS’ DESIGNATION OF CONTENTS OF
RECORD.

F iled  Jan . 14, 1964.

(Title O m itted.)

In  addition to th a t portion of the record  in the above 
case designated  by plaintiff, defendants desire  to des­
ignate  all exhibits introduced by defendants in said  
cause.

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

WM. H. MAYNARD,
(Wm. H. M ay n ard ),

Stevens Building
C larksdale, M ississippi.

WILL S. WELLS,
(Will S. W ells),

Asst. A ttorney G eneral.
S tate  Capitol Building,

Jackson, M ississippi.



213

MOTION TO EXTEND TIM E FO R FILING RECORD 
AND DOCKETING A PPEA L.

F iled  Feb. 10, 1964.

(Title Om itted.)

P laintiff in the above cause ,.p u rsu an t to Rule 73(g), 
F edera l Rules of Civil Procedure, through th e ir un­
dersigned atto rneys move the C ourt for an  o rder ex­
tending the time within which the record  on appeal 
m ay  be filed here in  and the appeal docketed, up to 
and 8ncluding M arch 10, 1964 on the following
grounds:

1. Notice of Appeal to the United S ta tes Court of 
Appeals for the F ifth  C ircuit w as filed herein  by plain­
tiff on or about D ecem ber 30, 1963.

2. Since th a t date counsel for both parties have 
been endeavoring to correct e rro rs  in the Court re ­
p o rte r’s tran scrip t of the hearing  of th is case. Be­
cause of the  p ress of other m a tte rs , respective counsel 
have not been able to complete this process and th e re ­
fore will requ ire  additional time in order to p repare  
the tra n sc r ip t for forw arding to : the F ifth  C ircuit as 
p a rt of the record on appeal.

Wherefore, plaintiff requests that the Court will 
en ter an o rder extending the tim e w ithin  which the 
record on appeal m ay be filed and the appeal dock­
eted  in the Court of A ppeals to and including the 10th 
day of M arch, 1964.



214

D ated: F eb ru a ry  6, 1964.
DERRICK A. BELL, JR .,
R. JESS BROWN,

1251/a N. Farish Street,
Jackson, M ississippi.

JACK GREENBERG, 
CONSTANCE BAKER MOT- 

LAY,
DERRICK A. BELL, JR ., 

A ttorneys for P laintiff.
10 Columbus C ircle,

New Y ork 19, New York.

ORDER.

(Title Om itted.)

P u rsu an t to Rule 73(g), F ed e ra l Rules of Civil P ro ­
cedure, the tim e for filing the record  and docketing 
the appeal in th is case is extended up to and includ­
ing M arch 10, 1964.

CLAUDE F. CLAYTON, 
United S tates D istrict Judge.

D ated: 10 Feb. 1964.

E n tered  C. O. B. 2, p. 575, on Feb. 11, 1964.



215

MOTION TO FURTHER EXTEND TIME FOR F IL ­
ING RECORD AND DOCKETING APPEAL.

Filed M ar. 6, 1964.

(Title Om itted.)

P la in tiff in the above cause, p u rsu an t to Rule 73(g), 
F ed e ra l Rules of Civil Procedure, moves the Court 
for an o rder fu rth er extending the tim e w ithin which 
the record  on appeal m ay be filed herein  and the ap ­
peal docketed up to and including M arch 30, 1964 on 
the following grounds:

1. Notice of Appeal to the U nited S tates Court of' 
Appeals for the F ifth  C ircuit w as filed here in  by p lain­
tiff on or about Decem ber 30, 1963.

2. Counsel for both p a rtie s  have p repared  and are  
exchanging lists containing suggested corrections of 
e rro rs  in the Court rep o rte r’s tra n sc r ip t of the h e a r­
ing in this case. B ecause counsel for both p a rtie s  m ust 
agree on such corrections, and such corrections m ust 
be m ade on the original of the tran scrip t, additional 
time will be required in order to prepare  the tran ­
script for forwarding to the Fifth Circuit as p a rt of the 
record  on appeal.

3. Counsel for defendants have no objection to this 
request for an  extension of time.

W herefore, plaintiff requests  that the Court will 
en ter an o rder extending the time w ithin which the 
record  on appeal m ay be filed and the appeal docketed



216

in  the Court of A ppeals to and including the 30th day 
of M arch, 1964.

Dated: M arch 5, 1964.
D ERRICK A. BELL, JR .,
R. JE SS  BROWN,

125%. N. Farish  S treet,
Jackson, M ississippi.

JACK GREENBERG, 
CONSTANCE BAKER MOT­

LEY,
DERRICK A. BELL, JR ., 

A ttorneys for P lain tiff.
10 Columbus Circle,

New York, New Y ork 10019.

ORDER.

(Title O m itted.)

P u rsu a n t to Rule 73(g), F ed e ra l R ules of Civil P ro ­
cedure, the tim e for filing the record  and docketing 
the appeal in th is case is extended up to and includ­
ing M arch 30, 1964.

CLAUDE F. CLAYTON,
U nited S tates D istric t Judge.

Dated: 6 M arch 1964.

E n tered  C. O. B. 2, p. 584, on M arch ’6, 1964.



217

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

I, WILLIAM T. ROBERTSON, Clerk of the United 
S tates D istric t Court for the  D elta Division of the 
N orthern  D is tric t of M ississippi, do hereby  certify  
th a t the foregoing two hundred forty-five (245) pages 
are the original pleadings, including D efendants’ Ex­
hib its Nos. 1, 2, and 3, designated as the record  on ap­
peal in the cause, Noelle M. Henry, vs. Coahoma 
County B oard of Education, Paul M. H unter, Super­
in tendent, et al, to the United S tates Court of Appeals 
for the F ifth  Circuit.

W itness my signature  and seal of office th is 24th 
day  of M arch, 1964.

WILLIAM T. ROBERTSON, 
Clerk,

By MELITA Q. LEN TJES,
(M elita Q. L en tjes),

(Seal) Deputy Clerk.



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