Shields v Midtown Bowling Lanes Transcript
Public Court Documents
October 29, 1965
324 pages
Cite this item
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Brief Collection, LDF Court Filings. Shields v Midtown Bowling Lanes Transcript, 1965. 58ddfc35-c49a-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/bb7c4e4f-aeab-47fc-a20c-6f533f5d569e/shields-v-midtown-bowling-lanes-transcript. Accessed July 04, 2025.
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IN THE UNITED STATES D ISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
ROY SHIELDS, '
W; E . BRODIE, e t . a l .
P l a i n t ! f f s 1
C i v i l Act ion
v. 1
No. 853
MIDTOWN BOWLING LANES, '
GLEN L, NULL, e t . a l .
Defendants 1
AT: ALBANY, GEORGIA,
OCTOBER 29, 1965.
Prepared For:
JACK GREENBERG, ESQ.,
10 Columbus C i r c l e ,
New York, N. Y.
C L A U D E JO IN E R , JR.
O F F IC IA L C O U R T R E PO R TE R
2 0 4 P o st O ffic e Bu il d in g
Ma c o n , G e orgia
P h o n e 3 -6136
INDEX TO PROCEEDINGS
WITNESS or PROCEEDING
Preltm tnary
PLAINTIFF DEfENDAN'
GLEN L . NULL 7 256
284 301
299
302
DAVID M. MOORE 45 55
CHARLES E. WILLIAMS 56 68
310
MRS. LINDA WEINTRAUB 72 78
LAWRENCE WEINTRAUB 84 87
SGT. LUCIUS H. SMITH. JR. 88 102
108
312
WM. F . NOBLE 111 116
WM. EDW. BRODIE 121 125
JAMES S . PARRY 132 142
146 149
303 308
ROY SHIELDS. JR. 151 154
W. M. HUMBER 166 161
183
MRS. LORENE REBER 201 187
223 220
HOWARD HENDLY 241 228
254
GLEN L . NULL 284 256
299 301
302
A
couftl
l
302
5!
53
82
316
304
190
197
200
227
243
255
302
INDEX TO PROCEEDINGS
iigas.i-
'JEITNESS or PROCEEDING PLAINTIFF DEFENDANT COURT
JAMES S . PARRY - re ca lle d 303 308 30k
CHARLES E. WILLIAMS - re ca lle d 310
SGT. LUCIUS H. SMITH, JR. - re ca lle d 312 316
DEFENDANTS* MOTION 317
■ -
BRIEFS DUE 319
* * * * * * * * * * *
IN THE UNITED STATES DISTRICT COURT
FOR THE HIDOLE DISTRICT OF GEORGIA
ALBANY DIVISION
ROY SHIELDS, J R ., W. E. BRODIE, '
WESLEY JONES S- WILLIAM NOBLE,
P la in t i f f * *
CtvM Action
v . 1
No. 853
MIDTOWN BOWLING LANES, *
an unincorporated a sso c ia t io n ,
GLEN L . NULL, doing business '
as Midtown Bowling Lanes,
HOWARD HENDLEY 6- JOHN DOE, •
_____________________Defendants
B e f o r _e
HONORABLE J . ROBERT ELLIOTT,
United States D is t r ic t Judge
At: Albany, Georgia,
fifrOBER 33...13&U
A p p e a r a n c e s :
For P la in t i f f s : MR. C. B. KING,
MR. DENNIS E . ROBERTS,
P. 0 . Box 102*1,
Albany, Georgia.
MR. H. P. BURT,
MR. DONALD D. RENTZ,
P. 0 . Box 525,
Albany, Georgia.
R e p o r t e d B v
CLAUDE JOINER, J R .,
O f f ic ia l Reporter, U. S . Court,
Middle D is t r ic t o f Georgia,
P. 0 . Box 9*». Macon. 6a.
1
A kBM Y^ M PM IA . S lift At, M, OCTOBER 29. 1965.
THE COURT * A ll r ig h t , we have set for hearing at
th is time C iv i l Action No. 853* Roy S h ie ld s , J r . e t . a l .
versus Midtown Bowling Lanes. I have, o f course,
reviewed the p lead ings, we've had a p r e - t r ia l conference,
I have reviewed the pleadings and the p re - t r ia l order
again ju s t before coming into the courtroom. So, I
know o f no need for any p re lim inary or opening statement
by counsel. So, un less counsel for one or both sid es
fee l that some p re lim inary statement w i l l be of some
va lu e , I suggest you proceed immediately to the c a llin g
o f your f i r s t w itn e ss , M r.King.
MR. KING: If Your Honor p le a se s , in advance
o f doljjg th a t , I n o tice th is morning that an amendment
was f i le d to the answer by the Defendants In th is
p a rt ic u la r case , and I Inquire o f opposing counsdl
whether or not Mr. Null is here. I wanted to put him
on as the f i r s t w itness for the P la in t i f f . I am advised
that he Is not here and I th ink that i t becomes very
important that I be able to do t h is .
TH£ COURT: W ell, you have your c l ie n t s here,
don't you?
MR. KING: Yes, I do but I'm thinking in terms
o f the method o f presenting the evidence.
v
MR. RENTZ: Your Honor, we talked w ith our c l ie n t ,
Mr. Null la s t night and the la s t we hear from him^fte
Prelim lnary 2
Mr. Rentz:
would be here at 8 :2 0 . I see somebody coming In rig h t
now. He was supposed to be here, four Honor. We made
a phone c a l l Just a few minutes ago, Your Honor, and he
was not at h is p lace of business and was not at hts home,
so I presume that he 's on the way.
HR. KING: I might say during the Interim , I f I
may Your Honor, that I would lik e to In th is case
Introduce Hr. Roberts to the Court and move that he
be admitted for purposes of p a rt ic ip a t in g In th is
p a rt ic u la r case .
THE COURT: A ll r ig h t , I ' l l a llow that but may I
make a suggestion, Hr. King?
Hr. King: Yes s i r .
THE COURT: Every time we have a case In th is
court we go through that routine . Why don't you get
Hr. Roberts admitted to the Bar o f the S tate of Georgia,
so that he can go on and p ra c tice law without going
through th is routine every time? Why don't you have
himeimltted to the Bar; so he w i l l then be e l ig ib le for
admission to p ra c tice in th is Court. I f he 's going to
l iv e here and be associated w ith you a l l o f the time,
whydon't you go ahead and do th a t, so we won't have
to go through that routine? I t ' s a l l r ig h t w ith me to
go through the routine everytlme but I t seems to me to b®
PrelIm lnary 3
The Court:
rather se n se le ss , when a l l he's got to do to become a
member o f the Bar o f th is Court Is to become a memberf
o f the Bar of Georgia and then make a p p lica tio n .
HR. KING: I might Ind icate to the Court that
th is Is what he in d ica tes that he contemplates. Of
course , he hasn't been here much over a year, as Your
Honor knows.
I might Ind icate to the Court whfile w e're w a itin g ,
Your Honor, that I have present here one w itn e ss , whom
I assume I should advise the Court Is in the courtroom.
I a n t ic ip a te , s i r , that other w itnesses w i l l be here
during the proceeding o f th is t r i a l . I might give
th e ir names to the Court, If the Court requires I t .
THE COURT: Is e ith e r side going to ask for the
ru le to be Invoked?
MR. BURT: Yes, Your Honor, we would lik e to
Invoke the ru le .
THE COURT: A l I r lg h t , le t ' s have both s id es c a l l
the names of a l l w itnesses so that everybody w i l l be
advised.
MR. KING: I f Your Honor p leases , the P la in t i f f s
propose to use the follow ing w itnesses In the presentation
o f th e ir case : Mr. and Mrs. W elntraubs, Mr. C h arlie
W illiam s, Mr. Jim P arry , Mr. Dave Moore, Sgt. Smith.
Preliminary
Mr. King:
I b e lieve those are a l l . asid e from the P la in t i f f s
them selves, Your Honor.
MR. RENTZ: Your Honor, the only w itnesses that
we plan to use , other than Hr. Null and Mr. Hendly, who
are defendants In the case , Is Mr. B i l l y Humber and Mrs.
Reber at th is tim e, Your Honor. I be lieve Mr. Humber
Is In court aid Mr. Hendly and Mr. Null are here.
THE COURT: A ll r ig h t , now a l l w itnesses in the
case w il l remain outside u n t il your names are c a lle d .
That w i l l not apply to you, Mr. Humber; you're an
o f f ic e r of the Court and we have to have you here.
MR. BURT: Your Honor p lease , I no tice the l i s t
o f w itnesses that he 's ju s t stated for the P la in t i f f
and I be lieve a l l but one of them riere never indicated
on the answer tothe in te rro g a to rie s . Our 5$h interroga
tory says "State names, addresses, occupation, jo b , t i t l e
or capacity o f any persons who you believe have knowledge
or information pertain ing to the circum stances of the
Incidents alleged In the oomplalnt; s ta te insofar as
you know the nature o f such knowledge or inform ation";
and In h u rrie d ly looking through, I don't be lieve that
the f i r s t four names that he Just read out were answered
o r given to us iatdour In te rro g a to r le s were deemed to be
continuing.
k
Preliminary 5
THE COURT: Why was th a t, H r.K ing? Why d id n 't
ytu t e l l them about these people?
MR. KING: I may ind icate to the Court that
most o f the names that I be lieve that we have were
discovered as a re su lt of d iscovery proceedings in it ia te d
by the P la in t i f f s them selves, when they took the deposi
tion of one o f the Defendants, more s p e c i f ic a l ly , Hr.
N u ll, i be lieve that he indicated that Mr. W illiam s
was h is employee and i be lieve in the second instance.
Your Honor, that the w itnesses or the other w itnesses
have nothing to do with what is a lleged in the complaint,
the instances alleged In the complaint.
MR. RENTZ: Your Honor, I f they don't have any
thing to do with the instances a lleged in the com plaint,
1 wonder why they are being ca lle d as w itn esses.
THE COURT: W e ll, we w i l l Just have to evaluate
each w itness as he appears. Now, I don't want to get
into any h assle during the course o f the t r ia l of the
case about whether any w itness has been In the courtroom
during the t r ia l of the case . I'm n o tify in g counsel
for both s id es th a t, I f i t appears when a w itness has
been put on the stand that the w itness has been in the
courtroom during the t r i a l of the case , I'm not going
to allow the w itness to t e s t i f y . I'm n o tify in g counsel
for both s id es to that e f fe c t . New, i t ' s up to you to
Preltm lnary 6
The Court:
keep your w itnesses out o f the courtroom. I don't know
who the w itnesses are and the Marshal doesn't know who
the w itnesses are and, I f It appears that any w itness
has been In the courtroom, I don't care whether you
d id n 't a n t ic ip a te -- Mr. King, are you lis te n in g to me?
MR. KING: I apologize to the Court.
THE COURT: A ll r ig h t , you should. I'm addressing
you.
MR. KING: I'm very , very so rry , Your Honor.
THE COURT: If i t appears during the course of
the t r ia l o f the case that any w itness has been In the
courtroom, It doesn't make any d iffe ren ce to the Court
whether It was not an tic ip ated that the w itness would
be used, I f he 's been In the courtroom, he 's not going
to be allowed to t e s t if y during the t r ia l of the case .
We've run Into th is every once in a w h ile In these cases
and 1 don't want there to be any question about I t .
A ll r ig h t , c a l l your f i r s t w itn ess, Mr. King.
MR. RENTZ: Your Honor, we have Mr. Hendley and
Mr. Null at the ta b le , who are p a rt ie s to the case.
THE COURT: A ll r ig h t .
MR. KING: I f Your Honorpleases, the P la in t i f f
c a l ls Mr. N u ll.
GLEN L. NULL 7
party Defendant, ca lle d as adverse party
by P la in t i f f , being duly sworn, t e s t if ie d
CROSS EXAMINATION
BY MR. KING:
Q Mr. N u ll, would you sta te your f u l l name for the
record, plftese s i r ?
A Glen L. N u ll.
Q You are the owner or p roprietor o f the Midtown
Bowling Lanes, is that co rre c t , s i r ?
A T h at's r ig h t , s i r .
Q And where is that located, s i r ?
A 1200 West Broad.
Q That Is in Albany, Georgia, I b e lieve?
A Albany, Georgia.
VL- ' -'T'1 * -
Q Now Mr. N u ll, how long have you been in business
there?
A At that location I'v e been there s in ce August *42.
Q Since August o f '42?
A Yes.
Q Then, you were there during the e a r ly spring o f 196$,
Is n 't that true?
A T h at's r ig h t .
Q I c a l l your a tte n tio n , s i r , to the date A pril 25,
1965 and ask you whether or not you have any independent
re c o lle c t io n o f that date?
A I do.
Null - adverse 8
Q You do? Th is was the o ccasio n , was it not, when
persons e th n ic a lly Id en tified as Negro presented themselves
for purposes of bowling at your lanes and were refused ,
Is n 't th is true?
A They were refused for the reason that the lanes
were taken up by an a sso c ia tio n .
Q The lanes were taken up by an a sso c ia tio n ; what
a sso c ia tio n ?
A Ladies Albany Bowling A sso cia tio n .
Q The Ladies Albany Bowling A sso ciatio n?
A Yes.
Q Now, when you say that they were taken up, is
th is what you to ld them when they presented themselves?
A They d id n 't present themselves to me at a l l .
Q Oh, I see. Then, you don't have any independent
or personal re co lle c t io n o f th is occurrence, do you?
A Only what 1 was to ld afterw ards.
Q By whom and what were you to ld ?
A Mr. Hendly to ld me he had some v is i t o r s .
Q He had some v is i t o r s ?
A R ight.
Q What e lse did he te l 1 you?
A That was I t .
Q That he had some v is i t o r s ?
A Yes.
Null - adverse
Q And he ch aracterized these v is i t o r s e th n ic a lly ,
d id n 't he?
A I d id n 't understand the question.
Q I say , he ch aracterized the v is i t o r s to which he
made referene e th n ic a lly , d id he not?
A He ju s t sa id he had some v is i t o r s ; th a t 's a l l .
Q I see. W ell, Is n 't that a b it odd that he would
mention to you that he had v is i t o r s ?
A No.
Q In other words, every time some person who is not
a member of an asso cia tio n comes into your bowling lan es,
th is announcement is made?
A It could be made on account of the Ladles AssocIa
t lo n , because they had the a lle y s reserved for that date.
Q I see. Now, what time was th is that you were
advised by Mr. Hendly?
A That was In the evening.
Q In the evening?
A Yes.
Q How long had they reserved the lanes?
A A ll day.
Q A ll day?
A And a l l n ig ht.
Q A ll day and a l l n ight?
A U n til about 11 o 'c lo c k , I guess, was about th e ir
la s t schedule.
Null - adverse 10
Q I see. As a matter o f fa c t , when Negroes present
themselves at the Mfdtown Bowling Lanes, a l l o f the lanes are
reserved , are they not, th ey 're autom atica lly reserved, are
they not?
A When Negroes present themselves?
Q Yes, for purposes o f playing or bowling at your
lanes?
A No, Negroes have bowled there.
Q Yes, and the only circum stances under which
Negroes have been permitted to bowl there Is that It has
balm an a sso c ia t io n , an a sso c ia tio n sponsored a c t iv it y ;
is n 't that true?
A R ight.
Q Where you r e a l ly don't have any contro l over ( t ,
Is n 't that true?
A Control over the asso c ia tio n ?
Q Control over the e th n ic id e n tify o f the persons
who p lay or bowl In asso c ia tio n a c t iv it y ?
A W e ll, once they take o ver, I do not bother them
at a l l .
Q R ight; as a m atterof f a c t , they take over and
those are the only circum stances under which you have had
an occasion to observe and knowing o f a Negro bowling in
your bowling lan es, is n 't that true?
A No
Null - adverse 11
Q A ll r ig h t ; then, asid e from the re la tio n sh ip that
you've estab lish ed between yo u rse lf and Or. Turner, the
p s y c h ia t r is t , you say that there are p atien ts o f h is -
A T h at's co rre ct.
Q - that you turn the lanes over to him for there-
p eu tic values that are derived to h is p a tie n ts ; is n 't that
true?
A We allow them to bowl w ith th e ir p a tie n ts , r ig h t .
Q R ig h t, and I say that th is is a sort of re la t io n
ship estab lished between yo u rse lf and th e Doctor and he is
using theu bowling lanes for therapeutic purposes; is n 't
that true?
A T h at's tru e .
Q And that is the only other circumstanos under which
you have ever seen a Negro and you've known of a Negro
bowling in your bowling lanes?
A T h at's r ig h t.
Q Now, t e l l u s , Mr. N u ll, how many lanes do you
have in Midtown Bowling Lanes?
A How many names?
Q Lanes, s i r ?
A Oh, lanes? 2k.
Q 2k\ i t ' s a rather large bowling a l le y , is It not?
A I t ' s the largest In Albany.
Q W ell, as a matter o f f a c t , I t ' s about the larg est
Null - adverse 12
In the perim eter o f about 80 to 100 m iles o f Albany, Is n 't
that true?
A They have larger ones In A tlan ta , Columbus and Macon.
Q V/e 11, do you know the d istance - I would simply ask
the Court to take Ju d ic ia l n o tice o f the d istan ces o f Macon
from Albany, Columbus from Albany and A tlan ta , a l l being
more than 80 m iles c e r ta in ly from Albany. I sh a ll move
the Court to take Ju d ic ia l n o tice o f th a t, s i r .
THE COURTt W ell, I don't know whether I can or
not. I know how fa r Colujmbus Is but 1 don't know how
fa r the others a re . I know Columbus Is 90 m iles but I
don't know how fa r Macon Is and I don't know how far
Atlanta I s . I know A tlanta Is fa rth er from Albany than
Columbus Is and that would be more than 90 m ile s , but Im
not sure about Macon because I'v e never made that t r ip
as I r e c a l l .
_______ & Mr, King: You know how far Macon i s from here,
don't you, s i r ?
THE COURT: Oh w e ll , how v it a l Is that an^tay as
to how fa r Maoon Is? I ' l l presume I t ' s more than 80
m iles.
MR. KING: A ll r ig h t , s i r .
Q T h is Is a f a c i l i t y that Is sanctioned by the
American Bowling Congress, ts it not?
A R ight.
Null - adverse 13
Q Now, you have q u ite a number o f servicemen and
se rv ice personnel that are holders o f American Bowling
Congress membership card s, Is that co rrect?
A I don't have them. The A ssociation might have them.
I don't know nothing about th a t.
Q Oh, you don't know anything about It but you do
know that there are q u ite a number o f m ilita ry people who
use your f a c i l i t i e s , Is n 't that true?
A Not over 10 per cent.
Q Not over 10 per cen t, I see. Now, based on your
p rio r testim ony, Hr. N u ll, that Is w ith reference to the
only or the admitted only two conditions under which you
have had Negroes bowl in your lan es, what you're saying,
s i r , Is it not, Is that Negroes who present them selves,
not f a l l in g w ith in these two c la sse s are not permitted to
bowl; is n 't that true?
V .'V ;
A I have never been approached that I know of
outsid e o f these cases that you mentioned.
Q In other words, these are p e cu lia r? You sa id
outside o f these cases that I mentioned?
A R ight.
Q Now, what cases doyou make reference to?
A The date you were speaking o f?
Q Yes; in other words, you've read the complaint
against you and o th ers , haven't you?
Null - adverse lif
A Yes s i r , I have.
Q And when you say "these cases" you make reference
to a l l o f the Instances that are referred to In the complaint
Is that what you're ta lk in g about?
A These two Incidents of A pril and Hay.
Q R ig h t, w ith in the complaint?
A R ight.
Q In other words, these are p ecu lia r and Iso lated
Instances; Is that what you're saying?
A T h at's the words you put to I t . I don't know
whether th e re 's anything p e cu lia r about It or not.
Q In other words, any Negro presenting him self at
th is juncture may bowl at your lane, who Is otherwise
q u a lIf led?
A No.
MR. BURTi Now, I f Your Honor p lease , as I under
stand the question . I f a Negro presents h im self now; is
that the question or on these cases?
MR. KING: I d id n 't pronounce the word N-e-g-r-o
q u ite as you d id , s i r .
THE COURT: Mr. King, le t ' s don't s ta r t the t r ia l
of the case w ith that sort o f argument. We've had enough
o f th a t, In the other t r i a l . L e t 's don't get o ff Into
that morass again. L e t 's t ry th is case without a lo t o f
side Issues If we can. le t 's Just t ry the law su it.
Nu11 - adverse 15
THE COURT: Read that la s t question , w i l l you,
Mr. Jo iner?
THE REPORTER: "In other words, any Negro presenting
him self at th is Juncture may bowl at your lanes who Is
otherwise q u a lif ie d ?"
THE COURT: "At t h is juncture?" I Interpret
that to mean at th is time. A ll r ig h t , w hat's the answer
to that question?
_______ A The W itness: I w ouldn't say that they cou ld , no.
We haven't had any bowl th ere , so I don't see why we should
so long as th is - as long as I know, they haven't bowled
there and we haven't been presented -
_______ £L M r.KInc: In other words, you -
MR. BURT: Just a minute! I f Your Honor p lease ,
I want to Interpose an o b jectio n . They have alleged
two incidents on which th ey 're pred icating th e ir com
p la in t and he Is now saying I f someone presents h im self
at th is ju n ctu re , which I assume means at th is time; and
we say that Is not a proper question for th is Court.
What he may do today and what he did on these occasions -
what they a lleg e Is what we're defending ag a in st.
THE COURT: W ell, as I In terpret h is answer, he
doesn't know what he would do u n t il the occasion arose.
That's the way I In terpret h is answer. Is that what you
mean?
ZNull - adverse 16
A The W itness: Yes, Your Honor.
_______ ft Mr. King: So, on the two occasions - w e ll , t e l l
me th is - s t r ik e that - Your p o licy p resen tly Is not that o f
allow ing Negroes to bowl, is n 't that true?
A We have no p o lic y .
Q What's that?
A We have no p o licy o f d iscrim in atio n .
Q You have no p o licy o f d iscrim in atio n ?
A We've never had one.
Q You've never had one?
A No.
Q T h is Is to say a Negro presenting h im self w i l l be
permitted to bowl, i f he 's otherw ise q u a lif ie d ?
A We ju s t don't have a p o licy saying who can bowl and
who c a n 't .
Q Oh, I see; you make i t up a r b i t r a r i ly , is that
true?
A If a man presents h im self in the rig h t manner,
they've never been re jected .
Q In a rig h t manner?
A Yes, i f he 's in condition to come into the p lace to
bowl -
Q Oh, I see.
THE COURTs Let him f in is h h is answer; le t him
f in is h h is answer.
Null - adverse 17
HR. BURT: Go ahead, Hr. N u ll, I f you want to
f in is h your answer.
A The W itness: As long as he can present him self In
a gentlemanly cond ition , h e 's allowed to bowl as far as we
have gone. I don't know anything about anything that might
be.
Q Then, It Is your p o licy or It Is the p o licy and
was a t a l l times the p o lic y ,th a t Is re levant to th is case ,
to allow anybody to bowl who presented themselves as gentlemen?
A No, we've never had any outside -
Q W e ll, ju s t answer that question; the answer to
that question Is "no"?
A No.
Q That Is not your p o licy ?
A Our p o licy has not been to cut anyone o f f . I f
they come In there and we know them, we le t them bowl.
Q If you know them, you le t them In and bowl and,
I f you don't know them, you cut them o f f , Is that rig h t?
A No, th a t 's not r ig h t .
Q W ell, which Is I t ?
A I f we know th ey 're In condition to bowl, we let
them bowl.
Q I f you know th ey 're In condition to bowl?
A R ight.
Q Now, when you say "cond itio n", Is race a condition?
Null - adverse 18
A No, I d lc h 't say “ race".
Q It I s n ' t , huh? C a llin g your attention to the
P la in t i f f s , you a re n 't suggesting that they were In no
condition to bowl at the time that they presented them selves,
are you?
A They d id n 't present themselves to me; I don't know.
Q You don't know?
A No.
Q You say that none o f them presented themselves to you?
A No.
Q There was no occasion that Negroes presented
themselves to you for bowling?
A Are you ta lk ing about these two events?
f | . % - ■ *, - ■
Q I'm ta lk in g about events taking p lace between the
time of th is action or between the dates set out in th is
p a rt ic u la r complaint against you?
A No, I was never at the counter when they came in .
Q You never were what?
A I never was at the counter when they came in .
Q I d id n 't ask you whether you were at the counter,
s i r ; I ask you c a te g o ric a lly -
A T h at's the only p lace they could req u ire or ask
for a lane, would be at the control counter.
Q Now, what you're saying is t h is , Is I t not, s i r ,
that these are the only two times that Negroes have been
Null - adverse 19
turned away?
A As fa r as I know. I don't know o f any other
occas ton.
Q And when did yju find out about these o ccasio n s,
each o f these occasions in question?
A That evening before we closed up.
Q On the p a rt ic u la r evenings which are involved?
A Yes s i r .
Q Well now, what did you mean then e a r l ie r when you
sa id that th is was not unusual for Mr. Hendly to t e l l you
that there were some v is i t o r s ; he to ld you what kind of
v i s i t o r s , d id n 't he? D idn't he?
A Yes, he said there were some Negroes.
Q Negroes? W ell, why d id n 't you say th a t, In the
f i r s t p lace , s i r ? S ir ?
A Did you ask me what kind? I d id n 't know that
you wanted It d istin g u ish ed .
Q The question was, what did he say?
THE COURT: W ell, he 's answered I t . He t e s t if ie d
to that now; so , le t ' s don't go back over I t .
_______ Mr. King: Now, c a ll in g your attention to the
evening o f the 20th, th is is May, 1965, is n 't It true that
there were a group o f Negroes who presented themselves to you
in the presence o f one of your employees?
A No s I r .
Null - adverse 20
Q At or about 9:30 P. H.7
A No s i r , not to me.
Q Now, Is n 't It tru e , Hr. N u ll, that In the bowling
lanes or the bowling a l le y that you have an eating f a c i l i t y
there?
A We have a beverage counter.
Q You have a beverage counter?
A Yes.
MR. KING: 1 would Interrupt the court for purpose
o f Ind icating that a w itness has come In . (Witness
sequestered) . . .
THE COURTS L e t 's go ahead, Mr. King) le t ' s move
along.
Q Mr. Kino: A ll r ig h t , you say that you have a
leverage counter} I c a l l your attention to some seven months
ago during A pril and May} Is n 't I t true that you had a coffee
shop?
A No, we never ca lle d It a coffee shop.
Q You never cal led It a coffee shop?
A I never set a name for It as a coffee shop.
Q W ell, I s n 't I t true that you had a sign on the
outsid e of your business?
A There was a sign out there that was there before
1 came there . I had nothing to do w ith tha t .
Q Hew long have you been at that s i t e , s i r , at the
Null - adverse 21
Midtown Bowling Lanes?
A August 1, 1962.
Q 1962?
A Yes.
Q In other words, you've been there for over three,
going on four years; Is that co rre ct?
A L i t t le over three years, r ig h t .
Q Now, when did you move the sign that says "Coffee
Shop"?
A It was taken down several months ago.
Q Yes, s in ce th is l it ig a t io n s ta rte d , w asn't I t ?
A Oh yes.
Q What's that?
A R ight.
Q But you le t It stay there for v ir t u a l ly three years
before you decided to move ( t , d id n 't you?
A I never paid any attention to It being there
because It was not my sign .
Q Oh, I see . W ell, i f th a t 's the case , the bowling
pin was not your sign e ith e r , was I t ?
A The bowling p in?
Q Yes, the large neon bowling p in?
A Yes, that belongs to the bowling a l le y .
Q That belongs to the Bowling A lley?
A Yes.
Null - adverse 22
Q W ell, wasn't th is appended to I t ?
A No s i r .
Q It c e r ta in ly Is not attached to the build ing any
more than that sign was?
A No, I t was on a post by I t s e l f ; It was.
Q R ight. W ell, so was the Coffee Shop s ig n , wasn't I t ?
A The Coffee Sign what?
Q The Coffee Shop sign was outside?
A It was on a post by ( s e lf .
Q Yes, and the bowling p in?
A Was a lso separated. They were not together.
Q And the Midtown Bowling Lanes, when you bought the
p la ce , you bought the name as w e ll , Is that r ig h t7
A That name was on the butldlng but I don't run my
business under Midtown Lanes.
Q W e ll, th a t's the way I t ' s l is te d In the d ire c to ry .
Is n 't It ?
A Yes, been lis te d that way for the past year.
Q Past year?
A Yes.
Q I t ' s been lis te d that way the whole time you've
been there, has i t not?
A No, It was under Centennial Lanes.
Q W ell, you've never changed that name o ff o f the
s id e o f your b u ild in g , have you? d
Null - adverse 23
A No, never have.
Q W ell, why d id n 't you change it ?
A Why d id n 't I change I t ? Why d id n 't I change I t ?
Q Yes, you sa id that you w eren't aware of the
Coffee Shop sign?
A That sign belonged to Foremost D a ir ie s .
Q I see; and you had them move It a fte r th is action
was brought, is n 't that true?
A Because we did not serve any of th e ir Ice cream
outside o f package.
Q But that was notice to people that food was being
served In s id e , Is n 't that true?
A I don't th ink so .
Q You don't th ink so?
A No.
Q Now, le t ' s go back to the time p rio r to and
Immediately a fte r th is action was ft led: You were serving
bacon and eggs out th ere , w eren't you?
A Bacon and eggs?
Q Yes; w eren't you?
A When?
Q Immediately before th is action was f i le d and even
a fte r It was f i le d ?
A We had bacon and eggs, hamburger s and hot-dogs.
Q R ight; as a matter o f f a c t , at the lunch area there
Null - adverse 2k
you had p ic tu re s o f the orders and the kind o f orders that
you served th ere , d ldn'tyou?
A I d id n 't put up any p ictu re s or anything pertain ing
to lunch.
Q You are saying that there were no signs ind icating
tiat food was served there?
A There was a sign up there something about chicken
dinner or something lik e th a t, that wasput th e re , I don't
know when; was put there long before I ever went on the
property.
Q And what kind o f condiments did you use, condiments,
s a lt and pepper; you used a l l o f those, d id n 't you? S a lt and
pepper?
A They were on the counter.
Q W e ll, you bought them, d id n 't you?
A Yes s i r .
Q Catsup? Catsup?
A Yes.
Q Mustard?
A No.
Q No mustard?
A No.
Q Any other sauces?
A No.
Q You used salad d ressin g , d id n 't you?
Null - adverse 25
No.
You d id n 't use salad d ressin g?
No.
You made your own mayonnaise to go In your sa lad s?
No, we purchased th a t.
You purchased It a lready made?
From the A. S- P. S tore .
You purchased your mayonnaise a lready made?
Mayonnaise?
Whatever mayonnaise you used on your sa lad s; did
I t yo u rse lf or you bought I t ?
We bought I t .
You bought i t ; what kind did you use?
W ell, whatever they sold at the A. & P. Store .
I see . What other kinds? I t a l ia n , Thousand Island?
Mayonnaise?
Yes?
No.
What's that?
I wouldn't know whether they call It that or not.
Any other? Did you serve orange ju ic e ?
Yes, th a t 's a beverage.
Yes, I sa id you served orange J u ic e , d id n 't you?
A Orange Ju ic e .
Yes, and you served beer?
Null - adverse 26
A R ight.
Q Name md the brands of beer you served?
A C arlin g , Bud, S c h lf t z , M i l le r 's , Blue Ribbon.
Q And you served coffee?
A R Ight.
Q And tea?
A R ight.
Q You sa id "yes"?
A Yes.
Q As a matter of fa c t , you had and you s t i l l have, do
you not, a counter and tab les w ith seats that go to them?
A They're there .
Q What's th at?
A They are there .
Q And they were up In use u n t l l Juried la te ly following
the f i l in g o f th is a ct io n , Is n 't that true?
A I f they wanted to s i t a t a ta b le , they would
come to the counter and get what they wanted and s i t at ta b le .
Q But you do admit that a l l o f the th ings that you've
enumerated were served by your lunch counter p rio r to the
f i l in g o f th is actio n ? Is n 't that true?
A At the lunch counter.
Q Now, I ask you, s i r , t e l l me about the bowling
lanesj do you have p it s ?
A Have what?
Null - adverse 27
Q P it s ? That I s , depressions In the flo o r where
seats are arranged In areas around the bowling a c t iv i t ie s ,
each bowling a c t iv it y or each lane?
A We have a se ttee .
Q A se tte e , how many people doe« It acoommodate?
A About f iv e to each lane.
Q F ive to each lane, and that does not Include the
two seats at the •
A - score ta b le .
Q - at the score ta b le ; A ll r ig h t , that would be
then f iv e times 25 lan es, Is that co rrect?
A T h at's co rre ct.
Q Ind the two seats at each o f the 25 lanes at the
scoring tab le?
A 2k lanes.
Q 2k, I'm so rry , s i r . A ll r ig h t , and back beyond
th a t , we have sp ectato rs' s e a ts , Is n 't that true*/
A There 's a row of sp ectato rs' seats across the
butId lng .
Q R ight. As a matter o f fa c t , there are several
rows, Is that co rre ct?
A No, one row.
Q W e ll, how many rows were there Immediately p rio r
to thb f i l in g of th is actio n ?
A One row Is a l l th a t 's ever been set In th ere .
Null - adverse 28
Q How many seats are there?
A How many seats acro ss that bu ild ing ?
Q Right?
A 1 wouldn't know unless there would be about -
they s i t In secdttons, probably 7or 8 In a se c tio n .
Q And how many sectio n s are there?q
A Maybe 10 or 12; 1 don't know e x a ctly .
Q Maybe 10 or 12; so, your rough estim ate would be
between 80 and 90 o f those, Is that co rre ct?
A T h at's r ig h t .
Q Now, in com petitive bowling there are q u ite a
number o f people who congregate for purposes o f observing
bowling a c t iv i t ie s ; is n 't that true?
A U su a lly th e ir fam ily .
Q Their fa m ilie s come to see them bowl?
A That would be about a l l that would be present,
yes, some o f those come In .
Q You don't have any re s tra in t on people coming in
to observe or sp ectate , doyou?
A No, we've never made any.
Q 1 see. Now, t e l l me one th ing , s i r s Is n 't It
true that your d ecision to subdue or change the eating
f a c i l i t y from a lunch oounter or lunchroom, or whatever
you want to c a l l I t , to a • what did you c a l l I t - beverage?
A Beverage oounter.
ANull - adverse 29
Q - beverage counter was because o f the f i l in g o f
th is s u it?
A No s i r , not e x a ctly .
Q Not exa ctly?
A T h at's not the case . It was a losing proposition
and th a t 's why It was taken out.
i
Q So then, for my e d if ic a t io n , w i l l you ind icate to
me whether or not your in i t ia l response was "not e x a ctly ?
D idn't you say that?
A No, we took I t out because it was a losing proposi-
tio n .
Q And these people who used the lunch-oounter, It
was there for purposes o f your bowlers and th e ir fa m ilie s ,
Is that r ig h t?
A It was there for th e ir accommodation.
Q Yesj you did say "yes"?
A For th e ir accommodation, r ig h t .
Q Now, would you in d ica te for the year 1964 the
gross Intake o f the lunch counter?
A There 's a s l ip over th ere . I don't have it here.
HR. RENTZt Did you say '64?
Yes.
I t ' s in the in te rro g a to rie s .
Then, I th ink w e 'll be ab le to s t ip u la te .
HR.KING:
HR. RENTZ:
HR. KING:
HR. RENTZ: W e'll s t ip u la te that the income was
Null - adverse 30
Hr. Rentz:
whatever Is re flec te d In the answers to the interroga
to r ie s , In our answers to your In te rro g ato rie s .
MR. KING: The fig u re was $14,115. The gross
for 1963 was $15,749.
_______ £ Now, how much does the counter p resen tly spend on
beverages per annum?
A I would have to look at those. ( F i le handed to
W tness by Hr. Rentz) . . . In December, *64, for beer we
spent $362.96.
Q And on orange Ju ice ?
A $58.50.
Q Coffee?
A That would come under A. &- P. and that was $31.36.
Q And other beverages, what would you say you spent
asid e from those enumerated?
A W ell, m ilk Is a l l we have under other beverages.
Q What Is th at?
A M ilk would have been the only other beverage that
we would have had. That was $9.02 that month.
Q The tea w asn't figured In that coffee th ere , was I t ?
A The tea was figured In the A. 6- P. co ffe e , $31.36.
Q Now, back to the bowling lan es: you have tourna
ments out at the bowling lan es, don't you, that Is the Hidtown?
A A ll league playmlght be ca lle d tournaments; th a t's
every n ig ht.
Null - adverse 31
Q Sweeps?
A Sweeps? What do you c a l l a sweep?
Q W e ll, scratch sweepers, is that what you c a l l them?
A We have had them.
Q W ill you defilne what a scrap sweeper is ?
A S c ra (c i>weeper? T h at's something where the
In d iv id u a ls get up and bowl against each o th er.
Q Where in d iv id u a ls get up and bowl against each
o th er, is that co rrect?
A Yes, th a t 's r ig h t .
Q How frequently do you have them, s i r ?
A We haven't had any for some time.
Q When did you la st have them?
A Last what?
Q When did you la s t have a scratch sweeper?
A I wouldn't know the date, probably back tin A p r il .
Q Back In A p ril?
A More than l ik e ly ; (don't know.
1 ;f , • . - • ■ s . ' . ■ .£
Q What's that?
A Could have been in A p r il .
Q W ell, w ith in 3 or 4 months?
A Yes.
Q C e rta in ly you've had one since the f i l in g o f th is
a ct io n , haven't you?
A Had one sin ce when?
Null - adverse 32
!! Q The f i l in g of th is actio n ?
A Yes.
I! Q Do you remember the date on which 1 took your
depo sitio n , Mr. N u ll?
A The date that you took it ?
Q Yes. i c a l l your attention to the date on which
your deposition was taken -
THE COURTs T e ll him what date It was; t e l l him,
you remember I took your deposition on a ce rta in date.
_______ £ Mr. K ina: you remember I took your deposition
on October 9 , 1965?
A Yes.
i Q Over at the County courthouse?
A Yes.
Q Do you remember when 1 asked youthe following
questions: Page 29: " I ask you, s i r , dtd you ever hold any
scra tch sweepers'1 and your response was "There's been some
scra tch sweepers held in Albany but not In our house. We
don't hold them a t a l l . "
Now, do you remember th at?
A W ell, 1 d id n 't promote a scratch sweeper. Th is
was promoted by the a s s is ta n t out th ere , which I d id n 't know
about.
Q But that Is your testim ony, Is n 't I t ?
A Right.
Null - adverse 33
Q I d id n 't askyou who sponsored i t ; you spoke for your
bowling a l le y out th ere , d id n 't you?
A No, I spoke for m yself. You asked me i f I ever
sponsored i t .
Q Now, you made the d is t in c t io n o f th is kind o f
refinement in your own mind in answering that question , s i r ?
A O idn't you ask me i f 1 sponsored one2
Q 1 s p e d if ic a lly sa id "you"?
A 1 did because I never signed any s l ip s for any.
Q I see. 2How far did you go in school, s i r ?
A How fa r did 1 go in school?
Q Yes?
A I went through high school.
Q A ll r ig h t , you know th e re 's a c o lle c t iv e "you" and
a sin g u lar "you", don't you? S ir ?
A f ig h t .
Q Now, you d id n 't go through the so p h isticated mental
process o f d istin g u ish in g between the c o lle c t iv e "you" and
the s in g u lar "you", did you, In answering th is question?
A No, I ju s t answered that I d id n 't sponsor i t .
I d id n 't put I t on. In fa c t , that was it } I d id n 't know
nothing about what went on about i t .
Q But, d id n 't you In the answer presume to answer
for the whole house, when you sa id "theredhas been some
scratch sweepers held in Albany but not in our house"?
Null - adverse
A We w eren't holding them In our house; no, we're
not holding any in our house.
Q But you were holding them, you admit -
A We d id , p rio r .
Q P rio r to the f i l in g o f th is action and even a fte r
the f i l in g o f th is actio n ?
A That? No, we haven't had a sweeper In our house,
as I to ld you, s in ce back In probably A p r il , sometime In
th ere , probably .
Q Now, p rio r to the f i l in g o f th is s u it , you sent
out announcements o f these co n tests , d idn'tyou?
A 1 d id n 't send those announcements out. What
announcements ever went out went out through our a s s is ta n t .
Q Went out through your a s s is ta n t?
A Yes, that promoted i t .
Q Now, th is a s s is ta n t is your agent, is he not?
A Yes.
Q You sa id "yes"?
A R ight.
Q Now, when 1 asked you whether you sent them out,
s i r , I'm a lso speaking for your agent. Then, your testimony
is that Hidtown Bowling Lanes did send out announcements
of th is com petitive a c t iv it y being held at Midtown, is n 't
that true?
A The sweeper, r ig h t .
3k
Null - adverse 35
Q Yes?
A R ight.
Q And It was sent a l l over the area ; that I s , w ith in
an area of roughly 100 or so m iles of here, Is n 't that true?
A I don't know where they were sent to .
Q You don't know where they were sent?
A Because I did not send them. My name was not on
the sweeper or the f ly e r of any kind.
Q But Midtown's name was on the f ly e r , wasn't It ?
A R ight.
Q And they Invited people to come to Midtown?
A It was an announcement.
Q Yes, but wasn't that an In v ita tio n to people?
A T h at's what the f ly e r would have been fo r , for
promotion o f the sweeper.
Q Which was held at Midtown?
Q Right.
Q Now, you know, as a matter o f fa c t , that teams from
F lo rid a have come to your p lace and bowled, haven't they?
A Teams?
Q Yes, bowling teams have come to your bowling a lle y
and bowled from F lo r id a , Is n 't that true?
A A sweeper Is not set up as teams. I t ' s In d iv id u a ls .
Q W ell, I'm not speaking In term of sweepers at th is
p o in t, s i r . There have been teams, bowling teams, from F lo rid a
Null - adverse 36
that have bowled In /our p lace?
HR. BURT: I f Your Honor p le a ses , I think we
ought to lim it th is to the time of the action under
which they are proceeding which came Into being la s t
summer and begin back In Ju ly of 196k rather than go
back over a period o f years.
A The W itness: I don't th ink so.
MR. KING: A ll r ig h t , I f Your Honor p leases ,
I w i l l rephrase the question.
_______ Q C e rta in ly It has been the p reva ilin g p o licy of
your Lanes to In v ite and allow teams from F lo rid a to part I c l*
pate in bowling there; is n 't that true?
A We've had teams £rom around Georgia but I don't
know o f any teams coming from F lo r id a .
Q You don't deny that there have been teams from
F lo rid a ?
A I'v e never recognized any teams from F lo r id a .
Q But then, of course, your agent might have In your
absence, Is that co rrect?
A W ell, I wou ld n 't say so because I don't know about
I t .
Q You don't know?
A No.
Q Now, who Is your agent who sent out these sweepers,
that Is no tice o f sweepers?
Null - adverse 37
A Herman Kramer.
Q Herman who?
A Kramer.
Q Is th is Mr. Kramer here?
A No s I r .
Q How long has Mr. Kramer been with you?
A About one year.
Q About one year?
A Yes.
Q Who was your agent or the person that served the
function that Mr. Kramer now serves before Mr. Kramer was so
delegated that re s p o n s ib ility ?
A W e ll, Mr. Hendley was on there for a w h ile for
him, fo r Kramer.
Q You know Mr. Dave Mooee, don't you?
A Dave Moore ?
Q Yes?
A No.
Q You don't know him?
A 1 don't know the name, no.
Q Do you know the manager or operator o f Parkway
Lanes down at T a lla h a sse e , F lo rid a ?
A I do not.
Q You do not?
A No.
Null - adverse 38
Q As a matter o f f a c t , you hold your doors open to
people from everywhere, Is that co rre ct; that I s , to come and
bowl?
A No.
Q That I s , whether they are from w ith in the State of
Georgia or without the State o f Georgia?
A No, we don't s o l i c i t anything but our lo ca l bowlers
here.
Q You don't s o l i c i t anything but your lo ca l bowlers;
I see. As a matter of f a c t , that was the amendment that
you f i le d th is morning, wasn't i t ? You changed your answer
18 to read that you only hold yo urse lf out to serve local
bowlers In Albany, Ga. area at a l l tim es, is that co rrect?
A T h at's r ig h t .
Q Now, I c a l l your attention to la s t week and ask
you whether or not you are aware that there was a regional
meeting of Nobles In Albany?
A I don't know -
Q S h rln ers?
A Oh, I know the Shrlners were here, yes.
Q R ight, and you know that they had a regional meeting
here, to ta lin g some 6ip000, is n 't that true?
A I don't know how many they had. I know that they
had a meeting here and had a parade here.
Q R ight; you read the paper, d id n 't you?
Nall - adverse 39
A Yes.
THE COURT: He says he knows they were here and
had a parade. Go ahead.
MR. KING: I was asking him about q u an tity , Your
Honor.
0 You know that there were thousands who were supposed
> %• . •••
to have been here , don't you?
I don't know what th e ir p a rt ic ip a t io n was at a l l .
Old you meet any from out of s ta te ?
No, I did not.
You did not?
No.
Were you at your bowling a lle y ?
Yes s i r .
You were there a l l week or during the e n tire period
were here?
I was.
You d id n 't screen them, did you?
I wouldn't know. I wouldn't know i f any o f them
in there because I d id n 't see anybody but local
You d id n 't exclude anybody who came there during
th is period, did youl?
MR. BURT: Your Honor p lease , I would lik e to
Intercede here to make an o b jectio n . We're going over
A
Q
A
Q
A
Q
A
Q
that they
A
Q
A
ever come
people.
Q
Null • adverse ko
Mr. Burt:
something that happened la s t week. They a lleg e here
the incidents that th ey 're re ly in g on and we can go on
and on and on. We would lik e to lim it the examination
to what he says happened on these two o ccasio n s, p lus
what h is p o licy was at that time.
THE COURT: W e ll, I t ' s a lready been gone over now.
MR. BURT: But he seemed to be going over it
continuously.
THE COURT: Go ahead, go ahead.
Mr. King: As a matter o f fa c t , your bowling
lanes welcomed the Shriners who were here from a l l o ver,
d id n 't you?
A We give them an ad.
Q You gave them an ad?
A R ight.
Q W ell, you went beyond th at? What do you mean, you
gave them an ad?
A They come In and asked for a donation.
Q A donation? So, you could run i t in th e ir -
A Local people come in and asked me for th a t.
Q For an ad in th e ir program?
A Yes.
Q I see . What did the ad say?
A I don't know what the ad sa id .
Null - adverse 41
Q You d id n 't bother about It ?
A No.
Q But you did put an ad In th e ir lo ca l -
A I g ive them a donation of $15.
Q W ell, there was, as a matter o f f a c t , an ad In th ere ,
wasn't there?
A I d on 't know i f they had It In there or not.
I d id n 't see i t .
THE COURT: You gave them a donation of $15.00,
you say; was that your answer?
The W itness: T h at's r ig h t . T
_______ £ Mr. King: You did pay th is $15.00; a l l r ig h t ,
now what e lse did you do In order to cooperate w ith the
Shriners being here?
A T h at's a l l 1 know o f .
Q T h at's a l l you know?
A R ight.
Q 1 submit to you what has been id e n tif ie d as P -1
and ask you whether or not that is a v a lid representation
of what the front portion o f Midtown, the bowling house
that you operate, looks lik e ?
A R ight.
Q I ask you, s i r , to take note o f what Is exh ib ited
on the face or the front o f your bowling house In terms of
bunting? W ill you t e l l me what that I s , s i r ?
A
Null - adverse 42
I t must be something that they have there . They
put I t up. I d id n 't know that they were going to put anything
l ik e that up. I ju s t give them an ad.
Q But you were aware that It was th ere , w eren't you?
A 1 saw It there.
Q Yes?
A Afterw ards, a fte r they had put It up; 1 d id n 't see
It before
Q And what does It say , s i r ?
A 1 never read I t , 9 don't know.
Q W ill you Ind icate what I t says on th ere , s i r ?
A 1 co u ld n 't t e l l you. 1 don't know what th e ir
le t te rs stand for
Q W ell, those are -
A It says "Welcome".
Q It says "Welcome", Is n 't that true?
A R ight.
Q 1 see . Now, 1 ask you, s i r , to Id d ntlfy what
has been Id en tif ied as P-2 MND ask you whether or not that
Is not an accurate representation and v a lid representation
o f what your build ing looks l ik e from the angle that that
photograph was taken?
A T h at's the b u ild in g .
Q It Is the bu ild ing?
A Right.
Q And I c a l l your attention s p e c if ic a l ly - s t r ik e
th is - Th is p ictu re was obviously taken during the time that
the Nobles were here) Is that true?
A It could have been, yes.
Q W e ll, I c a l l your attention to that same bunting?
A Yes, th a t 's r ig h t .
Q You would agree that th a t 's true?
A I would agree It could have been taken then.
Q Now, I c a l l your attention to the le f t part o f -
THE COURT: Just put the p ictu re in evidence and
It w i l l be in evidence for me to see. There 's no use
reviewing w ith him a l l o f the d e ta ils that the p ictu re
shows; Ju st le t him look at It and then put it In evidence.
HR. KING: There were s p e c if ic questions, Your
Honor.
THE COURT: A ll r ig h t , ask him any question that
you want to but don't have him go over the d e ta ils and
put Into the record what he sees in the p ictu re and a l l
o f th a t. The p ictu re I t s e l f is the best evidence o f
what It shows.
HR. KING: A ll r ig h t , Your Honor.
_______ 51 I c a l l your attention to the rig h t portion o f the
p lctiju re and what appears to be a parking lo t ; is that the
Null - adverse i»3
parking lo t o f the Hldtown Bowling Lanes?
A Oh yes, that goes w ith i t .
Null - adverse
Q That goes w ith it and, o f course, people using
the bowling lan es, i t ' s there for th e ir use; Is that co rre ct?
A R ight.
Q As a matter of f a c t , people a lso park over in the
tot Immediately across In front o f the p la ce , Is n 't that
true?
A They park on the s t r e e t , across the stS reet and In
the to t.
Q I ask you, s i r , whether or not you re c a ll on or
about Hay 30 Negroes coming to your establishm ent and
presenting themselves for purpose o f se rv ice at your lunch
counter?
HR. RENTZt What date was th a t, Counsel? I d id n 't
hear that d ate , p lease s i r .
HR. KING: The 20th, I b e lie v e .
HR. BURT: You sa id 30th.
_______ £ Hr. King: W ell, I re tra c t the e rro r there
o f 30th I f 1 sa id that - the 20th?
A 1 never saw anyone.
Q You never saw anyone?
A At the counter.
Q Who was your counter g ir l at that time?
A H rs. Reber.
Q H rs. Reber? Did she have any occasion to t e l l
that Negroes presented themselves?
Null - adverse 45
A Never to ld me anything about any o f them being
th ere .
Q You do admit that you are In your bowling house
every evening, a ren 't you?
A Yes, 'most every evening.
Q No fu rth er questions.
THE COURT: You may go down.
HR. KING: P la in t i f f c a l l s Hr. Oave Moore.
DAVID H. MOORE
w itness ca lle d by the P la in t i f f s , being
f i r s t duly sworn, t e s t if ie d on
DIRECT EXAMINATION
BY HR. ROBERTS:
Q Hr. Moore, would you p lease sta te your name for
the record , s i r ?
A David H. Moore.
Q And where are you from, Hr. Moore?
A T a lla h a sse e , F lo r id a .
Q What Is your occupa t Ion?
A Manager, President and General Manager o f Parkway
Bowl.
Q Parkway what?
A Parkway Bowl.
Q And that Is a bowling establishm ent In Ta llah assee
F lo rid a ?
Moore - d ire c t 46
A Yes.
' Q Have you been a bowler yo urse lf p erso n ally for a
long tim e, for a protracted period o f time?
A 3 o r 4 years.
Q Does Parkway, your estab lishm ent, hold tournament
co n tests , sweeps and events o f that nature7
A Yes.
Q Do you p u b lic ize these events? W e ll, le t me put
It th is way: Have you on any occasion sent out f ly e rs
announcing these events?
MR. BURT: Now, Your Honor p lease , we don't see
the relevancy o f what h is bowling a l le y may have to do
w ith respect to Midtown Bowling Lanes and we object to
going Into th is as ir re le v a n t .
MR. ROBERTS: I Ju st wanted to e s ta b lish that It is
the custom.
MR. BURT: W e ll, the custom has nothing to do
with our Midtown Bowling Lanes.
MR. ROBERTS: In the bowling business.
THE COURT: Mr. Roberts, the defendant, Mr. N u ll,
has stated that on the occasions referred to , that h is
establishm ent sent out f ly e r s , n o tices about, I be lieve
what you c a l l , scratch something; so , i t ' s what he did
and not what thealcustom is .
MR. ROBERTS: I withdraw I t .
Moore - direct; 47
_______ SL Mr. Roberts: Okay, have you ever at your e sta b lish *
ment received any no tices from Mldtown Bowling Lanes announc
ing tournaments, co n tests , sweepers and the lik e ?
A Yes.
THE COURT: Now, le t ' s bo more s p e c if ic now
about th a t. That was about a t r ip le question . L e t 's
break It down and see what It was.
MR. ROBERTS: When you say t r ip le question , you
mean tournaments, contests and sweepers.
THE COURT: W ell, yes, le t ' s see what It was.
Q Mr. Roberts: Have you ever received any -
THE COURT: Just ask him what h e 's received .
Q Mr. Roberts: Okay, w i l l you t e l l the Court what
announcements you'be received?
A In the la s t what tlmd pdrlod.
Q Say the la st year?
THE COURT: From Midtown Bowling Lanes?
A The W itness: The only one I can remember receiv ing
Is a scratch sweeper and match game f ly e r .
Q Just one f ly e r ?
A One f ly e r about two d iffe re n t events.
Q One f ly e r announcing two d iffe re n t events?
A Yes.
Q On two d iffe re n t dates?
A The same date.
Moore - d ire c t U8
Q Do you of your own knowledge know that any patrons
o f your establishm ent have gone up to Midtown Bowling Lanes
In Albany, Georgia, to p a rt ic ip a te in events up there?
A Yes s i r .
Q Were those pairtIcipants resid ents o f the State of
F lo r id a , to the best of your knowledge?
A Yes s i r .
Q Do you know the owner o f Midtown Bowling Lanes,
Albany, Georgia? Would that be Mr. G. L . N u ll?
A Yes.
Q Have you known him for a period o f time?
A Eight years.
Q Do you know him w e ll?
A No, not p e rso n a lly . I'v e met him on 2 or 3 o ccasio ns.
Q What were the occasions in which you met Mr. N u ll?
A I th ink the la s t time I ta lked to Mr. N u ll, I was
tn h is establishm ent promoting a tournament which was going
to be held tn my establishm ent.
Q Now, a l l o f the questions that I'v e asked you
about Midtown Bowling Lanes, I assume that a l l o f your
answers have been predicated on the fact that Mldtown Bowling
Lanes are located in Albany, Georgia, owned and operates by
Mr. Glen L. N ull} is that correct?q
A Yes.
Q What kind of equipment do you have in your house?
MR. BURT: Your Honor p lease , we ob ject to that
as having no relevance here, what kind o f equipment
they have.
_______ £ Mr. Roberts: Do you know what kind of equipment -
I ' l l withdraw that - Do you know what kind o f equipment Mr.
Null has?
MR. BURT* I would make the same ob jection as
to what kind o f equipment Mr. Null has would not shed
any lig h t on reoovery under the C iv i l R ights Act.
THE COURTt Yes, I don't see how that would help
us at a l l .
MR. KING: I f Your Honor p le a se s , the theory on
which our case Is predicated Is tw o-fold . We submit that
th is question has relevancy under the section o f the Act
which re la te s to sporting events, amusements and a c t iv it y
o f that s o r t . I f , o f course, the Court has an a ttitu d e
which precludes th is testimony being e l ic i t e d and as
being Inadm issib le , we would request In that event that
under Rule A3(c) that we be permitted to put on a showing
o f what th is s itu a tio n In fact i s .
THE COURT: W e ll, 1 have a lready indicated my
view prev io usly in ru ling on the In terro g ato ries and
requests fo r adm ission, I th in k . I t ' s my view that
whatever kind o f equipment they've got in the bowling
a lle y Is not o f a ss ista n ce In determination of the Issue
Moore - d ire c t k9
Moore - d ire c t 50
The Court:
ra ised here. So, I susta in the o b jectio n to that and
I o verru le your motion to add to the record or go into
i t at a l l . I don't see how ft could help us at a l l .
MR. KING: May I make one or ask one question ,
Your Honor?
THE COURT: Yes.
MR. KING: Then, Is the Court ru lin g , as a
matter o f law, that the question purportingto show,
that is a question ca lcu la ted to e l i c i t information
bearing upon a demonstration o f equipment which moves
In In te rsta te commerce in th is a c t io n , the Court Is
ru lin g , as a matter o f law, it would have no relevancy
tn th is actio n .
THE COURT: That's my view.
MR. KING: And th a t 's the ru lin g of the Court.
THE COURT: I'm ru lin g , I have Ju st ruled that
your question about what kind o f equipment he has in
the bowling a l le y is not pertinent to the issue as I
see It and I exclude the evidence thereto .
MR.KING: Thank you veryk in d ly . Your Honor.
_______ 2 Mr. Roberts: Then, F lo rid a bowlers shave attended
Mfdtown Bowling Lanes, Albany, Georgia and p artic ip ated In
tournaments?
MR. BURT: We ob ject to that as being a leading
question . He has a lready asked him -
Moore - d ire c t 51
THE COURT: I don't remember him saying anything
about p a rt ic ip a t in g In tournaments. I don't remember
what the exact language o f your previous question was,
but Idon't re c a ll the use of your word "tournament", and
I th ink I t ' s going to be pertinent to find out how he
knows about these things he's te s t ify in g about anyway,
as to whether he knows th is or whether th is is Jusfi some
thing that somebody to ld him. I presume that w i l l be
brought out la t e r . Suppose we find out about that
rig h t now, so we won't be wasting time tf i t is hearsay.
BY THE COURT x
Q You sa id something about some people from F lo rid a
having come up here and bowled at Midtown Bowling Lanes:
did you see them?
A No s i r .
Q You d id n 't see them?
A No s i r , Id ld n 't come up w ith them.
Q You d id n 't come w ith them?
A No.
Q Are you ju s t reporting something that somebody
to ld you, is that i t ? In other words. Is that the basis
o f your inform ation, thftt you were simply to ld that they
came up here, or what is the b asis o f your information?
A W ell, you would be r ig h t . A ll I would have would
be what they to ld me.
Moore - d ire c t 52
BY MR. ROBERTS:
_______ 0 Mr. Roberts: Let me ask ond fu rth er question along
th is lin e and I ' l l c le a r th is up: Did you or did you not pay
a team fee - I don't know enough about bowling to know the
co rrect name - but did you or did you not pay some kind of a
team fee for a team from Partway Lanes to bowl at Mtdtown?
A When you say me or when you say did I , are you
re fe rrin g to e ith e r me or Parkway Bowl?
Q I'm ta lk in g about the a l le y which you own?
A No s I r .
Q N either you nor the a lle y ?
A N o sir.
Q When you sa id to me - have you sa id to me that no
team from Parkway has bowled at Midtown?
THE COURT: W e ll, he 's indicated that I t ' s a l l
hearsay. He's Indicated that a l l o f h is testimony is
based on hearsay about that fact) so , that would not be
ad m issib le .
MR. KING: About what. Your Honor?
THE COURT: H is testimony about people having
come up here from F lo r id a . He says th a t 's based on
hearsay, so that would not be ad m issib le .
_______ 2 Mr. Roberts: Were there any trophies or p rize s
won by any o f the F lo rid a bowlers at Midtown to your knowledge?
THE COURT! Here again , le t ' s fin d out whether
he 's te s t ify in g about something that he saw or knows
Moore - d ire c t 53
The Court:
about p erso n a lly or whether I t ' s Just something that
somebodyto Id him, because w e're ju s t wasting time If
i t ' s ju s t something that somebody to ld him.
MR. ROBERTS: W e ll, as a matter o f fa c t , Your Honor,
I don't know.
THE COURT: W e ll, ask him that f i r s t . L e t 's
don't waste time on hearsay and then have to ru le it
o ut. L e t 's find out. As a matter o f f a c t , it seems
to me that you should have known that before you put him
on the stand. He's your w itn ess.
BY THE COURT:
Q Now, that question he Just asked you, Mr. W itness,
h e 's asking you about some trophy or something: Do you have
a»y personal Inform ation, did you see any trophy awarded or
do you know o f your own knowledge that any trophy was awarded
in the nature that he 's ta lk in g about?
A No s i r . The day we are In reference to was not a
trophy date anyway. It was s t r i c t l y a cash day. As to
whether any one In quedstion won any cash or no t, I'm not
real p o s it iv e .
Q You don't know?
A I'm not su re . The only thing In regards to th e ir
being here, I saw them before they le f t and a fte r they
returned
Moore - d ire c t 54
Q And they to ld you they had been up here?
A And they to ld me they had been In Albany, th a t 's
r ig h t , s i r , s t r i c t l y th a t.
BY MR. ROBERTS:
Q W ill you s ta te the names o f the people who to ld
you before they were leaving for Midtown Bowling Lanes and
the people who came back and sa id they had Ju st returned from
Mfdtown Bowling Lanes; w i l l you g ive me th e ir names or as
many names as you can remember?
MR. BURT: I f Your Honor p lease , I o b ject to
that as being hearsay, as to what somebodytold him, who
It was; we o b ject to ItZ
THE COURT: Yes, I'm not going Into th at. What
they to ld him Is not ad m issib le , so It doesn't make any
d iffe ren ce whether th e ir names were John Smith or Paul
Jones. He can 't t e s t if y about what they to ld him.
Mr. Roberts, th is man Is your w itness and you're
putting him on the stand now and apparently using hlfa
for d iscovery purposes, your own w itn ess. Apparently,
you d id n 't Interview him aw a l l before you put him on
the stand. I don't want to take th is co u rt's time for
you to put a w itness on, your w itn e ss , and use him fo r
d iscovery purposes during the t r ia l o f the case . Ask
him, go ahead and ask him any question that he can answer
w ith in h is personal knowledge but le t ' s dont waste time
on hdarsay.
Moore - d ire c t - cross 55
MR. KING: Excuse me ju s t a minute, Your Honor
e e . No fu rth er questions.
CROSS EXAMINATION
BY MR. BURTS:
Q Mr. Moore, you say you've been in the bowlIng
business how long?
A 3 to k years.
Q There In T a llah assee?
A No s 1 r .
Q Pardon me?
A Not e x c lu s iv e ly .
Q W e ll, how long have you been continuously managing -
A Two years in T a llah assee .
Q Two years and during th is time you only have reco l-
lectiton o f one f ly e r coming from Midtownto you, Is that r ig h t?
Was that your testimony?
A No s i r , I th ink we sa id that was In the past year.
Q In the past year you have re co lle c t io n o f only one
f ly e r , is that r ig h t?
A D efin ite re co lle c t io n o f one.
Q Do you have any copy o f that f ly e r w ith you?
A Not w ith me, no.
Q Do you have i t at your p lace o f business?
A T h is 1 wouldn't know) I wouldn't say for sure ; i t ' s
p o ss ib le .
Moore - cross 56
MR. BURT: Your Honor p lease , we do move to
exclude any testimony on the ground o f hearsay as to
p artIc ip a tio n g .
THE COURT: W e ll, I'v e a lready indicated that
th a t 's not adm issib le and I am not going to consider
anything that he has t e s t if ie d to based on hearsay.
A lt r ig h t , you may go down.
The W itness: May I be excused?
THE COURT: Yes, you're excused, as fa r as the
Court is concerned.
MR. BURT: I t ' s a i l r ig h t .
THE COURT: A ll r ig h t , you're excused.
C H m is_^ w j.LL ,L^ i$ ,
w itness ca lle d by the P la in t i f f s ,
duly sworn, t e s t if ie d on
DIRECT EXAMINATION
BY MR.KING:
Q Would you sta te your f u l l name for the record , s i r ?
A Charles Eugene W l1llam s.
Q Where doyou l iv e , Mr. W illiam s?
A 806-C Odom.
Q That Is in Albany, Georgia, Dougherty County,
Georgia, Is that r ig h t?
A T h at's r ig h t .
Wi l l lams - d irect 57
Q Hr. W illiam s, I ask you whether or not you have any
Independent re co lle c t io n as to where you were working for
the la s t four years?
A W ell, the la s t four years, approximately the la s t
four years I'v e worked to Hldtown Bowling Lanes for three
years and went back and worked about 7 months and q u it .
Q When did you q u it?
A About 3 i months ago.
Q About three months and a h a lf ago?
A Yes.
Q Now, do you know the P la in t i f f here, Mr. N u ll?
A Yes s i r .
Q Do you know the gentleman there next to him?
A Yes s i r .
Q Those were the persons under whose supervision
you worked?
A Yes s i r .
Q What sp e c if lea l1y were your duties at Midtown Bowling
Lanes, Mr. W iliam s?
A Pin chaser.
Q You were a pin chaser?
A Yes.
Q What are the d uties o f a pin chaser?
A W ell, I f something go wrong w ith the machinery,
I do the best I can on the b a lls and getting the p ins up
Wi l l lams - d ire c t 58
or the b a lls or something l ik e th a t.
Q Does th is confine you g en era lly to any given area
o f the bowling house?
A What you mean by that?
Q Does I t mean that you are required to stay at any
given area o f ghe bowling house or bowling lanesi that I s ,
your employment( where Is your work ca rried out?
A It ca rr ie d out?
Q I say , where is i t ca rried oni where did you do
your work. In what part o f Hldtown Bowling Lanes?
A W e ll, I do I t In the back and the front what a l l
they want me to do up front and d iffe re n t things l ik e th a t.
Q Then, were there other chores or d u ties you had
asid e from taking care of the machinery?
A W e ll, I clean up or something up fro n t, you know
clean up fro n t.
Q I ask you, s i r , what, t f anything, besides the
bowling a lle y s did Hldtown have?
A W ell, I don't q u ite catch on there .
Q Did 5hey serve food? They served food at Hldtown
d id n 't they?
A Oh yes s i r .
HR. BURT: Now, you're g iving him a leading
question , "they servdd food, d id n 't they?" We ob ject
to him leading h is own w itn ess, Your Honor.
Will lams - direct 59
THE COURT: Yes, don't lead him.
HR. KING: I ' l l rephrase I t , Your Honor, very
happy to .
_______ £ Did they or did they not serve food at Midtown?
A Yes s i r .
Q Would you In d ica te , I f you know, what foods were
In fa ct served?
A W ell, hamburgers, hot-dogs and cold d rin k s.
Q Drinks,you sa id ?
A T h at's r ig h t .
Q Orange ju ic e ?
A No orange Ju ic e .
Q No oringe Ju ice ?
A 2 I don't know; I don't know. Probably, I don't know.
Q I ask you whether or not they were operating th is
lunch-counter at the time that you le f t ?
A Yes s i r , I th ink they was.
Q Did you ever have an occasion to use the lunch
counter In terms o f getting food from It ?
A Yes s i r .
THE COURT: What was the answer?
HR. KING: He answered In the a ff irm a tiv e , Your
Honor.
THE COURT: In other words, you ate there at the
lunch-counter?
A The W itn o ss : I bought food from the lunch oounter.
Q Mr. King: Are you making a d is t in c t io n between
what the Judge asked you and what you say - that I s , the
Judge asked you - In other words, you ate there and you
said that you bought food there?
A Yes.
Q Now, did you a c tu a lly s i t up at the tab le?
AOh, no s i r .
Q What Is your Id en tity ? What race do you belong to?
A Negro race .
Q You belong to the Negro race?
A Yes.
Q Did you over the period that you were there ever
see a Negro served at that lunch oountex?
A No s i r .
Q Do you know o f any Negroes presenting themselves
for se rv ice there?
A Wel l , Ju st once in tournament; they d id n 't go to
the snack bar.
MR. BURT: What is that?
_______ £L Mr. King: You sa id once In a tournament and
what happened?
A They d idn 't - one or two bowled out there in
tournament.
Q Do you know whether or not they tr ie d to get se rv ice
Williams • dlrect j 60
Will lams - diredt 61
at the counter?
A No s i r .
Q I ask you whether or not you knew the p o licy of
the lunch counter as regards the se rv ic in g o f Negroes food
at the counter; did you know what the p o licy was?
A No s i r .
Q Did you ever hear Mr. Null or any o f your other
supervisors -
THE COURT: Don't lead him now* Mr. King; don't
lead him; he 's your w itn ess. Frame your question In such
a manner as not to lead him.
_______ fit Mr, M.n.fli
To your knowledge, has Mr. Null or any of your
employers indicated whether se rv ice would be given to Negroes
there?
A No s i r , I a in 't heard them.
Q You never heard them say?
A My Job was Ju st to do my Job and leave. 1 w asn't
there and I a in 't never heard them say nothing.
Q I ask youwhether you have or have not ever seen
Negroes turned away from the lunch counter?
A W ell, they d id n 't q u ite make I t to thelunch oounter.
Q What happened?
A W e ll, they asked them to leave.
Q "They" who?
A The man at that desk asked them to leave; someone
asked them to leave
WIU?ams - d Irect 62
Q Did you or did you not see them go In the d ire ctio n
o f the lunch counter?
A No s i r , because when I be walking toward the
counter, someone meet them about half-way to the counter
and ask them to leave; so a l l df them leave.
Q How many times have you seen th is take p lace?
A About once o r tw ice .
Q W e ll, has It been more than once?
A Once.
Q What's th at?
A Once as fa r as I can see. I d id n 't see but once
but I would be coming from the front and I do n 't know what
happened.
Q You have seen other Negroes leaving the front
portion?
A Yes s i r .
Q Aside from the one Instance that you know about,
on other occasions you've seen Negroes leaving the front
entrance?
A Yes s i r .
Q That I s , from what portion would they be leaving?
A What you mean?
Q W ell, you ta lk about the counter; where Is the
counter located? On the Inside where Is the oounter located?
A I t ' s located In th is p o sitio n as you come In the
door ( In d ic a t in g ) .
+
Q
A
Will lams - direct 63
As you come In the door you would be facing I t ?
T hat's r ig h t .
Q Where did you always see or where, I f any, did you
see or at what p lace rather on the occasions that you've
mentioned that you saw Negroes ldavlng, asid e from the one
Instance, where did you see them leaving from?
A Leaving from the desk-1 Ike going back out.
Q Going back o utsid e?
A Yes.
Q Had you seen them beyond the desk?
A Yes s i r , on the s id e , there on the s id e l ik e ,
standing on the s id e l ik e .
Q Did they ever get beyond the s id e?
A T h at's a l l the fa r .
Q T h at's a l l the fa r they got, Is that what you sa id ?
A R ight.
Q Do you know who these persons were who were turned
away?
A No s i r , I Imagine I would know them If 1 were to
see them.
Q Do you see them here?
THE COURTt Don't lead him now, Mr. King. Don't
point to somebody and say "do you see them here". 1 can 't
imagine anything more leading than th a t.
A The W itness: I a in 't never seen them. 1 a in 't
Wi l l lams - d ire c t 64
THE COURT: What's th a t, w hat's your answer?
A The W itness: I a in 't never remember seeing e ith e r
one of these guys rig h t there .
THE COURT: You've never seen anybody seated out
at the tab le there?
A The W itness: I know faces when I see them but -
HR. KING: I did not In te n tio n a lly lead the
w itn e ss .
THE COURT: I can 't imagine anything more leading
than to ask a man I f he 's ever seen so and so there;
I f h e 's ever seen anybody there and a t the same time
you ask him, pointing to them. I ca n 't Imagine anything
more leading.
MR. KING: I might In d ica te , YourfHonor -
THE COURT: In any event, It d id no harm because
he says h e 's never seen these people th ere .
MR. KING: And antecedent to th a t , Your Honor,
he has sa id I f he would see them, he would recognize
them and th is Is why I asked him.
JJ> Do you know what a sweep Is ?
A I th ink so . I th ink so .
Q Did they have sweeps out at Midtown?
A Yes s i r , they had them. \
Q How re g u la r ly did they have them, I f you know?
Wi l l lams - dtredct 65
A About - could be 3 or k times a year or could be
maybe 3 months or A months, something l ik e th a t.
Q Old they have them that re g u la r ly over the e n tire
period you were there?
A Beg your pardon?
Q Old they have them that re g u la r ly during the whole
period that you worked out at Hldtown?
A They had them p re tty regular most o f the time.
"a#Q Did they have tournaments out there?« >j£v
A Yes s i r .
Q Old you have onlookers looking on out there?
A Yes s i r .
Q At the time the tournaments were on?
A Yes s i r .
Q Were a l l o f the seats f i l l e d ?
A Yes s i r .
Q Were people ever required to stand?
A W ell, you going to catch some one standing , I don't
care I f seats vacant.
Q Then, you don't know whether they were or were not
required to stand?
A W e ll, they d id n 't have to stand.
Q Do you remember who wqs In charge o f the lunch
counter when you were there?q
A What you mean? The lady what be back there?
Q Yes?
A Her name Is Lou something; I don't know her la s t
name.
Q Was she there for the whole time that you were there?
A Yes s i r .
Q What was the name, If you know, o f the lunch
counter or that area?
A What was the name o f the lunch counter?
Q Yes?
A Just Snack Bar. I don't know the name of I t .
A ll I know Is Snack Bar; d id n 't have a name.
Q I submit to you what has been Id en tif ied as P-3
and ask you whether or not you Id en tify the build ing and the
other o b jects In that photograph; do you Id en tify It?
A Id en tIfy what, the bu ild ing?
Q Do you recognize that?
A Yes s i r , I know what It I s .
Q And where is that?
A Where Is I t ?
Q Yes?
A 1200 Broad Avenue.
Q That's Midtown Bowling Lanes?
A R ight.
Q I submit to you what has been Id en tif ie d as P-4 and
ask you whether or not you Id en tify that?
Will lams - direct 66
WM1 lams - d ire ct 67
THE COURT* Let me look at those, Mr. King.
Is the o n ly purpose to get him to Id en tify It as being
the p lace o f business; Is that the on ly purpose?
W ill you s t ip u la te that th is is the business?
MR. BURT: Yes, Your Honor.
THE COURT: I t ' s stIp u la ted that P-3 and P-4
are p ictu res of Midtown Bowling Lanes.
MR. KING: W ell, th a t 's not the to ta l purpose.
THE COURT: I want to shorten i t that much
anyway. There's no question about th is being a p ictu re
o f Midtown Bowling Lanes. Now, go ahead and ask him
any questions you want about the p ictu re but don't waste
time in getting him to say that th a t's p ictu re o f the
Bowling Lanes. i t ' s stip u la ted that i t Is .
_______ Q Mr. Kino: Jfour atten tio n Is ca lle d to the sign
there that signs "Coffee Shop" - do you have any independent
re co lle c t io n o f that sign being there?
A Yes s i r .
THE COURT: Is It stip u la ted that that sign was
there?
MR. RENTZ: Yes s i r .
THE COURTS A ll r ig h t , I t ' s stip u la ted the sign
was there.
MR. KING: A llr ig h t , thank you. He's w ith you.
Will lams - cross 68
CROSS EXAMINATION
BY MR. BURT:
Q I be lieve you had worked out there before Mr. Null
took over the business?
A T h at's r ig h t .
Q How long did you say you worked out there?
A In a l l four years.
Q And Mr. Null came out there when, do you remember?
A W ell, I don't e x a ctly remember.
Q When did you s ta r t working out there?
A '61.
Q PardonA
A '61.
Q *61?
A Between *60 and '61.
Q And Mr. N u ll, I f he sta tes he came out there ,
I b e lie v e In August o f '62 , does that sound about right
to you, the summer o f 1962 that Mr. Null took over the
business?
A I th ink so , yes s i r .
Q And from that point u n t il you le f t and you le f t
months ago, only ond sweeper took p lace ; does that sound
dx>ut right too during that period o f time? I'm not ta lk in g
about what happenedvtan somebody else was operating lt?£oes
that sound about r ig h t , one sweeper that Mr. Null had or Mr.
Wi l l lams - cross 69
Kramer? Does that sound about rig h t to you?
A W ell, they had more.
Q What?
A L e t 's see . . . They had more than one sweeper, I
f $ f f: / / £ 1 K # » .<
th in k .
Q Would you say two would be the maximum?
A 2 or 3, something lik e th at.
Q During that period o f time?
A Yes s i r .
Q Now, your Job was not Just pin chaser; you worked
behind the w all back th ere , did you not?
A Yes s i r .
Q And you can 't see anything that goes on as fa r as
the operation o f the business?
A T h at's r ig h t .
! Q But you say you were out on one occasion when some
Negroes came th tere to bowl th is spring?
A W e ll, I f any - I came there at *»:C0 and get o ff at
closing time - I f any came In w hile I'm th ere , I'm going to
see them, I'm going to see them.
Q Would that have been In A pril and May of th is
year; were you working there then?
A Yes s i r , I know I was working.
Q And you have, as you walk In , you walk In In a
southerly d ire c t io n , don't you?
II
Wil l Isms - cross 70
A T h at's r ig h t .
Q And you have a control counter for people to sign
In to bowl, Is that r ig h t?
A Yes s i r .
Q And your beverage counter Is back about 10 or 15
steps to the r ig h t , back to the right^
A Right.
Q And 1 b e lieve you t e s t if ie d that they were always
In the area between one end or the other o f the control
counter?
A T h at's r ig h t .
Q Is that r ig h t?
A T h at's r ig h t .
Q Now, I b e lieve you to ld Hr. Hendly that th e re 's
only one occasion In which you saw Negroes that came out
there?
MR. KING: If Your Honor p le a ses , I ob ject to
t the usage of the word ■nigger".
THE COURT: 9e d id n 't say "n igger", Mr. King.
He said "Negroes." He d id n 't say "n igger". He said
"Negroes". I d is t in c t ly heard him. I'm a le r t to the
fact that you apparently are looking for an opportunity
to make some point l ik e th a t; and for that reason I am
constantly a le r t m yself as to the usage of terminology;
and I s p e c if ic a l ly did not hear It the way you d id . Now,
le t ' s go on w ith the t r ia l of the law su it.
Wi l l lams - cross 71
_______ £ Hr. B u rt: Is n 't that true that you talked to
Mr. Hendly la s t n ight?
A Yes.
Q And that you re la ted to him there was only one
Instance when you saw any Negroes that came out th ere , is
that r ig h t?
A Repeat It over again.
Q That there was only one incident or one time that
you saw any Negroes come out there who wereunable to bowl,
when you yo u rse lf saw them? D idn't youtell him that la s t
night?
A W ell, the only time I see'done come out there to
bowl but they would be coming out there several times and
couldn't bowl and I don't know what went on because I was
mostly In the back.
Q You don't know why they couldn't bowl, do you?
A No s I r .
Q But you did t e l l him of one instance that you saw,
is that r ig h t?
A I saw them when they couldn't bowl, th a t 's r ig h t .
Q Now, as fa r as th is counter out th ere , the p rin c ip a l
sa le at that counter Is beer, is It not? Is n 't that what
people norm ally buy? Is n 't that the main business or what
the p rin c ip a l sa le s a re , beer?
A Beer.
V/? 11 lams - cross 72
Q Is n 't that m ainly what they do?
A They s e l l a lot o f beer but most o f the time,
most o f the sa le s Is beer but people that want sandwiches
and d iffe re n t th ing s.
Q They could get It but the p rin c ip a l thing?
A The biggest thing they s e l l Is beer.
Q Is beer?
A T h at's r ig h t .
Q T hat's a l l .
RECESS;. 1.0.1.2Q. ./XU P.Ml3SL AH - OCTOBER 29. 1965.
MRS. LINDA WEINTRAUBS
w itness ca lle d by the P la in t i f f s ,
being duly sworn, t e s t if ie d on
DIRECT EXAMINATION
BY MR. ROBERTS;
Q W ill you sta te your f u l l name for the record?
A Mrs. Linda W elntraubs.
Q Mrs. W elntraubs, w i l l you p lease speak up as loudly
as p o ssib le? Now Mrs. W elntraubs, where doyou resid e?
A P resen tly In T a llah assee , F lo r id a .
THE COURT: Speak up?
A The W itness: Present 1y In T a llah assee , F lo r id a .
Q How long have you 1Ived In the S tate of F lo rtd a?
A About 8 or 9 ye a rs .
Mrs. Weintraubs - d ire c t 73
Q What Is your occupation or c a ll in g ?
A I'm a sec re ta ry .
Q Now. do you have any Independent re co lle c t io n of
Saturday. October 9, o f th is year?
A Yes, my husband and m yself drove -
Q W ell, you do, Is that r ig h t?
A Yes.
Q W ill you please t e l l me what you remember o f Saturday,
October 9?
A Yes. My husband and m yself drove to Albany from
Tallah assee and we proceeded to bowl at the Midtown Bowling
Lanes. We did bowl there about two games or so.
MR. BURT: Your Honor p lease , we would lik e to
Interpose an o b jectio n . Th is Is a fte r the s u it was
f i le d and It is not an incident which is a lleg ed .
THE COURT: I don't know what I t ' s leading to .
L e t 's see what It leads to . I don't know what It I s .
_______ SI Mr. Roberts: Mrs. W elntraub, when you and your
husband presented yourselves at the desk, were - no - when
you presented yourselves at the desk, what conversation , I f
any, took p lace between you and your husband and the desk
In regards to bowling?
THE COURT: Before you go any fu rth e r , s ince
th e re 's a lready been an ob jection interposed, was th is
October 9 , 1965?
I
Mrs. Welntraubs - d ire c t 7k
MR. ROBERTS: R ight. This is s t r i c t l y , Your Honor,
for the purpose of showing that out o f s ta te in te rsta te
tra v e le rs have free access to Mfdtown Bowling Lanes,
that no questions were asked as to where they come from,
no screening process as to out o f s ta te t ra v e le rs .
MR. BURT: Of course, Your Honor p lease , what
they did on October 9 , when th is s u it was f i le d May 26
o f th is year, i t ' s Just lik e saying we've changed or
made some a lte ra t io n s out there s in ce the su it was
f i le d , we take the same p o sitio n that we have only
been held to defend against what they alleged on May
26 and th a t 's what w e're here to defend} and we say
that th is evidence is not relevant to the issues before
the Court as a lleged In the complaint.
THE COURT: I gather that the o n ly purpose of
the testimony Is to show that somebody - where did you
say you l iv e , T a llah asee?
The W itness: T h at's r ig h t .
THE COURT: That somebody from T a lla h a sse e , F la .
bowled out at the Midtown Bowling Lanes In Octitober, 1965
Is that the purpose?
MR. ROBERTS: Yes.
THE COURT: W ell, i don't see that it helps or
h u rts. Maybe It can be stip u la ted that she bowled out
there in October, 1965.
MR. BURT: We have no knowledge o f th a t.
Mrs. Welntraubs - d ire c t 75
THE COURT: W ell, you don't know whether she did
or not. A ll r ig h t , she says she d id . Now, what e lse
doyou want to ask her.
_______ fl Mr, Roberts: Were you or were you not questioned
as to where you were from?
A No, we were given equipment to bowl, shoes and so
fo rth and we bowled.
THE COURT: Speak up; we can 't hear you.
A The W1tn ess: We ju s t proceeded to bowl. We were
given equipment and so fo rth .
MR. BURT: Your Honor p lease , we take the same
p o sitio n that what was done on another o ccasio n , we say
Is not relevant to th is complaint which they have f i le d
on May 26. Now, If we have done something d if fe re n t . I f
we've taken out any small amounts of food in Ju ly , they
want to take the position that we were operating a small
amount of food at the time the su it was f i le d . Now, we
take the p o sitio n that we are only here for what they
charge us w ith as o f May 26.
MR. ROBERTS: q Your Honor, may I respond to th at.
MR. BURT: What we did on some other occasion
we say is Irre levan t and Im m aterial.
MR. ROBERTS: Your Honor, th is Is a su it for in junc
tion under the C iv il R ights Act and It becomes very
relevant as fa r as we are concerned to e s ta b lish whether
II
Mrs. Welntraubs - d ire c t 76
Hr. Roberts:
Midtown Bowling Lanes was at that tim e, a t the time the
s u it was f i le d , and continuing to today a f a c i l i t y
covered under T i t le 2, what th etr p o lic ie s were and
th e ir manner o f operation . The Act s ta te s that any -
THE COURT: W ell, le t ' s go aheadj go ahead and
examine the w itn ess. I ' l l reserve mvrulIno on the
a d m iss ib ility o f the testim ony. Go ahead and examine
the w itn ess . I'm reserving my ru ling on the a d m iss ib ility
of the evidence.
MR. ROBERTS: May I add one fu rth er thing?
THE COURT: No, I'm saying go ahead and examine
the w itn ess. You don't need to make any further s ta te
ment.
0 Mr. Roberts: Mrs. W elntraubs, on the evening that
you bowled at Mldtown Bowling Lanes, did you or did you not
have an opportunity to go to the eating f a c i l i t y In Midtown
Bowling Lanes?
A We went to the counter, where we asked for sand
w iches. We hadn't eaten dinner and so fo rth and we wanted
sandwiches. They said they d id n 't have any sandwiches.
And we asked i f th e ir g r i l l was broken, as we noticed there
was a g r i l l th ere ; and they sa id "No, i f we serve sandwiches,
we have to serve the co lo red ."
MR. BURT: Now, I f Your Honor p le a se s , I th ink
Mrs. Welntraubs - d ire c t 77
Mr. Burts
what some person sa id out there Is hearsay. They're not
p a rt ie s to th is case , un less It was Mr. Hendly or Mr.
M ull, It would be Inadm issib le as being hearsay.
MR. ROBERTS: Your Honor, I would hope to bring
out that the person to whom she spoke was an agent o f
Midtown Bowling Lanes.
_______ ft Did the person to whom you spoke s e l l you any
Item there?
A Yes, cokes.
Q W ill you d escribe th is person? Th is was a female?
A R ight.
Q Was she behind the counter?
A R ight.
Q You have every reason to belIeve that she was
employed o f Midtown Bowling Lanes?
A Very obvious.
Q Did you pay her?
A Yes.
MR. BURT: I s t i l l say , Your Honor, that anything
sa id by party to the case Is adm issib le or an agent,
1 don't th ink that the agent's testimony would be
adm issib le .
THE COURT: L e t 's go ahead. Go ahead. I'm
reserving my ru lin g on the a d m iss ib ility o f the testim ony.
Is that a i l you have to ask th is w itness?
I
_______ £ Hr. Roberts? One fu rth er questions Upon eating
aid bowling what, I f anything, did you then do?
HR, BURT: Did you say "eating ’1? Did you say
that you ate In there?
The W itness: We had a coke.
HR, BURT: You d id n 't eat anything?
The W itness: No, a d rin k .
_______ £ Hr. Roberts: Upon drinking and bowling where -
do you have any Independent re c o lle c t io n o f where you were
on October 10, the next day? In what s ta te ?
A Back In T a llah assee .
Q And you have been In T a lla h a sse e , F lo r id a , s ince
that time?
A T h at's r ig h t .
HR. ROBERTS: She's w ith you.
CROSS EXAHINATION
BY HR. BURT:
Q What dayof week was October 9?
A Seems lik e It was Thursday n ig h t. I'm not r e a l ly
sure .
Q What was the occasion of you a l l coming to Albany
to bowl?
A
Q
Mrs. Welntraub - dlredt 78
A
Oh, what led up to our going to Albany?
Yes?
I have a po sitio n as secre ta ry In an atto rney 's
Mrs. Wetntraufci - cross 79
o f f ic e and th is attorney asked us I f we would lik e to go to
Albany to bowl, fo r purpose of find ing out I f they served
In te rsta te commerce.
Q Who Is the attorney?
A John Due.
Q John who?
A D-u-e (sp e llin g ) Due.
Q How did you happen to get In touch with Attorney
King or th is other attorney here?
A 1 d id n 't get In touch w ith him. Mr. Due, Attorney
Due got in touch with me and asked me. I was at the Job
where I work and he asked me th ere .
Q And how long ago did you t e l l Mr. Due to get In
touch with some attorney or how long ago was I t Mr. Due
ta lked about th is • d id he t e l l you some time before October
9 that he wanted you to go up there?
A It was a few days before.
Q And you Immediately returned and to ld him what
hohad happened and communicated w ith some attorney here in
Albany?
A
him that
Q
A
Q
When 1 got here, 1 ca lle d Mr. Roberts and I told
I was going to the bowling lan es.
How did you know to get In touch w ith Mr. Roberts?
Mr. Due to ld me to do so.
What time of day did you get here?
Mrs. Welntraubs - cross 80
Q In the evening -
MR. KING: I f Your Honor p leases , I o b ject to
th is lin e o f testimony because I t Is n 't re lev a n t, I t ' s
not germane. I don't care I f p rin c ip a l counsel for the
P la in t i f f s got Intouch w ith her d ir e c t ly or any other
person down In F lo rid a and asked them to come up for
purposes o f ascerta in in g t h is , It would be v a lid and
there would be nothing wrong w ith I t .
MR. BURT: Your Honor p lease , I th ink on cross
examination 1 have a rig h t to go Into I t .
THE COURT: Go ahead wlthvour examination.
_______ £ Mr. B u rt: So, you came up here for that
s p e c if ic purpose, Is that r ig h t?
A T h at's r ig h t .
Q You were r e a l ly not interested In bowling In
Albany some 90 m iles away?
A No, we came for th is purpose; th a t 's r ig h t .
Q Do you normally bowl very often?
A Yes, we do.
Q Where do you bowl In T a llah assee?
A At the F lo rid a State Bowling Lanes.
Q And you're a n ative o f F lo r id a , are you?
A Not born.
Q Where were you born?
A In Arizona.
Mrs. Welntraubs - cross 8!
Q And do you d rive an automobile?
A Yes, I do.
Q Do you have your d r iv e r 's licen se w ith you?
...1 V •;/ i / ' r ’> > '* .
A Not here; I t ' s In my purpe In the other room.
Q I t ' s from what s ta te ?
A F lo r id a .
Q And your husband, where Is he from?
A He's from - w e ll , he was born In New York and h e 's
been liv in g In F lo rid a for about !9 years.
Q And what business Is he engaged In?
A He's a student.
MR. KING: I f Your Honor p lease , what business
he 's engaged In Is o f no moment.
. * • . . . . .
THF COURT: I o verru le the o b jectio n .
_______£L Mr. Burt: Whet business Is he engaged In?
A He's a student at F lo r id a State U n iv e rs ity .
Q Now, how long did you a l l stay out at Midtown; how
long were you out there? r
A About an hour.
Q And you turned around and went s tra ig h t back to
T allah assee?
A A fter we contacted Mr. Roberts or spoke to him.
Q Now, you contacted him before you went out there?
A Yes s i r .
Q You bowled and had a Coke and then you ca lle d him -
Mrs. Welntraubs - cross 82
where did you c a l l him from?
A From the bowling a l le y .
Q And to ld him you had done the Job and were going
home?
A T h at's r ig h t .
Q Is that r ig h t?
A No, we contacte d him to ta lk to him about It and we
went to the o f f ic e to ta lk to him about i t .
Q Oh, you went to h is o f f ic e ?
A T h at's r ig h t .
Q A fter you bowled?
A Yes.
Q Did you give him a statement?
A Yes s i r .
Q A w ritten statement?
A No, we ju s t d iscussed I t . I don't know i f he wrote
I t down or not. I w asn't aware o f what he was doing at the
t tme.
Q And th is Is the on ly time that you've ever been up
here £o bowl?
A T h at's r ig h t .
Q No further questions.
BY THE COURT:
Q T h is attorney for whom you work In F lo r id a , in
T a lla h a sse e , he was a s s is t in g Hr. King and Hr. Roberts In
Mrs. Weintraub - cross 83
developing evidence to be used in th is case ; was that the
Idea?
A I imagine he was doing I t ; they requested that
somebody come up and he asked us.
BY MR. BURT:
Q Were you paid to come up here?
A We were paid m ileage, I b e lie v e , 7 or to cents a
m ile and th is time we were a lso paid court expenses.
Q They paid for your bowling, did they?
A R ight.
Q How much did it cost out there to bowl?
A 35 cents a game, something lik e th a t.
Q Something lik e th at?
A Yes.
THE COURT: A ll r ig h t , you may go down.
BY THE COURT:
QOne further question , un less I t ' s c le a r from the
record that she Is s t i l l emp1oyedb¥hts attorney in
T a llah assee ; is that c le a r from the record? Let me
ask you that w h ile you're here:
Are you s t i l l employed by th is attorney In
T a llah assee?
A Yes, yes.
Q A ll r ig h t
^ r e n^ w e lntraup. 64
w itness ca lle d by P la in t i f f s , being
duly sworn* t e s t if ie d on
DIRECT EXAMINATION
BY MR. ROBERTS:
Q Mr. W elntraub, w i l l you sta te your f u l l name for
the record?
A Lawrence Welntraub.
Q And Mr. Welntraub* what are you p resen tly engaged
In?
A I'm going to school* if th a t 's what you're ta lk in g
about.
Q Where are you?
A At F lo r id a State U n iv e rs ity .
Q How long have you liv e d in the S tate o f F lo rid a ?
A 20 years .
Q Let me ask you to Id en tify yo urse lf e th n ica lly *
by race?q
A Wh I te .
Q And Is that of your w ife a lso ?
A Yes s i r .
Q Your w ife Is Mrs. Linda Welntraub?
A T h at's r ig h t .
Q Now* doyou have any independent re c o lle c t io n o f
Saturday* October 9?
A Yes, I do.
Q T e ll me what* i f anything* you did on that evening?
L . Welntraub - d ire c t 85
A My w ife and I drove up to Albany and we went bowling
at Mfdtown Bowling Lanes.
Q When you approached the desk man to bowl, was
there any conversation between you and the man?
A None at a l l , no.
Q None at a l 1, I see , other than normal about the a lle y ?
A T h at's r ig h t .
Q Did he or did he not ask you any questions as to
where you were a local bowler from Albany, Georgia?
A No, he did not.
MR. BURT: Your Honor p lease , we, o f course,
Interpose the same ob jection unless he 's Id en tif ied as
one o f the defendants and we ob ject to It as being hearsay.
THE COURT: Go ahead.
_______ 2. Mr. Roberts : Aside from bowling that evening, did
you or did you not seek the se rv le s o f the lunch counter?
A We d id .
Q What, I f anything, happened when you went there?
A We attempted to get something to e a t , a sandwich,
and we were to ld that they were not serving anything; and my
w ife made a few comments about we were p retty hungry and would
lik e something to eat; and th fy kept saying that there was
nothing but crackers there and we could have sodas. I asked
the g i r l , the w a itress behind the courter, I f the g r i l l s were
troken or something because they were a l l closed and a l l cleaned
Weintraub - d ire c t 86
up; and she s a id , no; she said " I t ' s not that th ey're
broken'*, she sa id " I f we serve youanythlng to e a t , we
have to serve the colored people a lso .
HR. BURT* We, of course , o b ject to th a t, Your
Honor.
THE COURT: I'm reserving my ru lin g on h is
testimony as w ell that o f h is w ife .
_______ SL Hr, Roberts* As o f today, Mr. W eintraub, you are
s t i l l a student at F lo rid a S tate?
A F lo rid a State U n iv e rs ity .
Q S t lk l l resid ing In T a llah asee?
A Yes, I am.
Q Do you have your d r iv e r 's licen se w ith you?
A Yes, I do.
Q Is it a F lo rid a d r iv e r 's licen se?
A Yes.
Q Would you lik e to take It out and read the number
o ff o f your lice n se ?
THE COURT: Why? What good would that do?
HR. ROBERTS* I thought opposing counsel wanted
to know about I t .
THE COURT* qHas there been any request for I t ?
Go ahead and examine the w itn ess. The number o f h is
d r iv e r 's licen se can 't help us In d ecision o f th is case .
HR. ROBERTS*q I have no further questions.
Welntraub - cross 87
CROSS EXAMINATION
BY MR. ROBERTS:
Q Mr. W elntraub, what was the reason for you a l l
coming to Albany to bowl?
A W ell, we were asked to come up to bowl at Midtown
Bowling Lanes, to see I f they served In te rsta te commerce.
Q By whom?
THE COURT: L e t 's see I f we can do It th is way:
Mrs. W elntraub, when she was on the stand, explained
the circum stances o f the t r ip : Would your testimony be
su b sta n t ia lly the same as hers?
A The W itness: Yes s i r , I t would.
MR. BURT: A l lr ig h t , s i r .
THE COURT: A ll r ig h t , you may go down.
MR. ROBERTS: Your Honor, I f there is no o b jectio n ,
both Mr. Welntraub and h is w ife are from F lo rid a and
I f counsel don't o b je c t , I would l ik e fo r them to be
excused.
MR. BURT:
THE COURT:
T h at's a l l r ig h t
They're excused.
SGT. LUCIUS H. SMITH. JR. 88
w itness ca lle d by P la in t i f f s , being
duly sworn, t e s t if ie d on
DIRECT EXAMINATION
BY MR. ROBERTS:
Q Sgt. Smith, w i l l you sta te your fullname for the
reoord?
A Lucius H. Smith, J r .
Q And you are in the United States A ir Force?
A R ig h t.
Q Where are you station ed ?
A Turner A ir Force Base, Albany, Georgia.
Q In Albany, Georgia?
A Yes.
Q How long have you been in the United States A ir
Force?
A Approximately 11 years, 11£ years, I b e lieve .
I came In , In '53. I e n lis te d In '53 , 1953*
Q Sergeant, you have been based at various parts o f
the United S ta tes and Europe?
A I have.
Q Sergeant, are you a bowler?
A I th lh k so , yes.
Q Do you bowl f a i r ly frequently?
A I do.
Q Let me ask you t h is : what is your average score?
A Well now, that wou)d<fepend normally on how often I
Sgt. Smith - d ire c t 89
bowl and the type o f league l*m bowling in . O rd in a r ily , I t ' s
u su a lly In excess o f 178, between 178 and 180; It f lu ctu ates
between th a t.
Q t That would make a p re tty good bowler?
HR. BURT: That question would be leading.
Don't lead hlmj Just ask him what he I s , or whether
he Is a good bowler.
Q Mr. Roberts : How many a lle y s do you presume you've
bowled In roughly throughout the country and throughout the
w orld; do you have any Idea?
A I w ouldn't have any Idea but I would Imagine q u ite
a few o f them. It would be more than - a rought guess more
tian 100; ft would have to be.
Q More than 100?
A Yes.
Q Mow, have you or have you not ever been to the
Midtown Bowling Lanes?
A I have.
Q Have you or have you not been to Midtown Bowling
Lanes In the company of Mr. Noble and Mr. B rodfi?
A Yes.
Q Have you or have you not been to Midtown Bowling
Lanes on occasions other than the occasions on which you went
with Mr. Noble and Mr. Brodle?
A I have.
Q Are you fa m ilia r w ith the C ity A ssociation and
It s tournaments?
A I beg your pardon?
A Are you fa m ilia r w ith the C ity A ssociation o f Albany?
A Yes.
Q Did the C ity A sso c ia tio n , did or did not the C ity
A ssociation hold at Hidtown Bowling Lanes sometime th is
spring an event?
A They held a cityw ide tournament and I t was held at
Midtown Lanes as such. It was held In the C ity .
Q Was one o f the p artIc lp a tIn g lanes one o f the
p laces where the bowlers bowled Midtown Bowling Lanes?
A It was, yes.
Q During that tim e, by that I mean during the time
that the C ity A ssociation and the in te rc ity tournament that
I referred to was held , were you allowed to bowl at Midtown
Bowling Lanes?
A I was.
Q Now, on how many occasions during that tournament
were you allowed to bowl at Midtown Bowling Lanes?
A I'd say approximately three tim es, the tournament
i t s e l f and 1 be lieve 1 had a couple o f p ra c tice sess io n s.
Q But it was during the tournament?
A It was.
Q Under the ausp ices of the C ity A sso ciatio n? I
Sgt. Smith - d ire c t 90
Il
Sgt. Smith - d ire c t 91
A I assume so; they sponsored the tournament.
Q In that C ity A ssociation that NBC sanctioned -
HR. BURT: We w i l l ob ject to that as leading
question . He can ask what sanctions might be made
but to ask was it sanctioned by thus and so I th ink is
leading question.
THE COURT: W e ll, I consider it not o b jectio n ab le .
Of course, it would be pertinent to find out how he
knows. Here again , le t ' s don't spend any time on develop
ing evidence that may be excluded by v ir tu e of being
hearsay. L e t 's gather on ly what the w itness knows.
_______ g Hr. Roberts: Have you or have you not on other
o ccasio n s, and when I say other occasions I'm ta lk in g about
occasions other than during the time the C ity A ssociation was
holding th is tournament o r the p ra c tice sessio n s and a lso an
occasion other than an occasion In which you went to Hldtown
Bowling Lanes w ith Hr. Noble and Hr. Brodie, have you or
have you not on other occasions sought to bowl at Hldtown
Bowling Lanes?
A I have.
Q What, I f anything, happened?
HR. BURT: Now, i f Your Honor p le a se , he 's
apparently ta lk in g about some other occasion than
he enumerates in h is complaint and that w e're charged
to defendant here and we o b ject to any other occasion
than the two enumerated in the complaint.
Sgt. Smith - direct 92
THE COURT: I'm not going to put the Defendant
to the defense o f anything other than as alleged In
the s u it . Now, I'm going to lim it the evidence In the
case to the a lle g a tio n s o f the complaint. I'm not going
Into any evidence o f any o th er.
MR. ROBERTS: Your Honor, may I answer?
THE COURT: Yes.
MR. ROBERTS: In the In terro g ato ries we had asked
the Defendants whether any Negroes ever bowled at Midtown
Bowling Lanes and th e ir answer was yes, that Sgt. Smith
had bowled out there. Subsequently, In ta lk ing with
him - for the f i r s t time I was able to see him was, I
th in k , two days ago and on that occasion I learned that
Sgt. Smith had bowled out there during th is tournament
that he has t e s t if ie d to but he had a lso presented him
s e lf on th is o ccasio n , both p rio r to the tournament and
subsequent to the tournament, p rio r to and subsequent to
the A pril 25 date, the I n i t i a l date In the complaint,
and had been re jected ; end I would l i ke to bring that out
THE COURT: T h at's beyond the scope o f the com
p l a i n t , as I see i t , bringing In other Incidents and so
on that are not alleged In the com plaint. It puts the
defendant to the defense o f things concerning which the
defendants haven't had any no tice and I would not th ink
that that would be appropriate.
Sgt. Smith - d ire c t 93
MR. ROBERTS: Your Honor, i would submit th is is
a c la s s a ct io n . The question is whether Negroes are
allowed to bowl at Midtown Bowling Lanes or whether they
are not; and w e're sim ply try ing to e s ta b lish that here
was a Negro who was denied the rig h t to use the f a c i l i
t ie s , and he is a member o f th is c la s s .
THE COURT: Mr. Burt?
MR. BURT: Your Honor p lease , as fa r as the time
element here, I was try in g to find when we gave them
Sm ith's name. The fact that he hasn't seen him u n t il a
few days ago Is c e r ta in ly not our f a u lt . As a matter o f
fa c t , In answering th e ir in te rro g ato ries they l i s t him as
a w itness a lso on th is second in c id en t, which was May 20.
So, they knew about him and here they are coming up in
the middle of the t r ia l and wanting us to be put to the
point o f defending something that happened away back
and we're not In p o sitio n to defend against i t .
THE COURT: Yes, I am going to exclude any evidence
except that re la tin g to the ijc ld e n ts complained of in
the complaint.
Mr. King: I f Your Honor p leases -
THE COURT: I 'v e ru led , I'v e ruled on the m atter.
Go ahead.
MR. KING: I f Your Honor p le a ses , pursuant to
Rule b3 sub jection ( c ) , we would, in the lig h t of or in
Sgt. Smith - d ire c t
Mr. King:
sp ite o f the ru lin g o f the Court re sp e c tfu lly urge that
we be permitted to p ro ffer what testimony the Sergeant
would have w ith reference to these other o ccasio n s.
THE COURT: No, I'm not going Into th at. In
excluding the testim ony, I w i l l admit any testimony
that Is covered by the a lleg atio n s of your complaint
re la tin g to the dates and the occasions on which It Is
alleged that the Defendant did the things complained o f ,
but I'm not going to admit any testimony about other
Incidents concerning which the Defendant has had no
no tice to prepare for t r i a l .
MR. ROBERTS: Your Honor, wouldn't the Defendant
be on notice —
THE COURT: I 'v e ruled on the m atter; I'v e ruled
on the m atter.
_______ 2, Mr. Roberts: Sgt. Smith, when was the f i r s t time
that Attorney King and I spoke to you?
A R e la tiv e to t h is , to th is m atter?
Q Yes?
A I b e lieve I t was about 2 or 3 dj|YS ago. We came
in to your establishm ent there and Attorney King asked
another Airman I f he was Sgt. Smith or did he know a Sgt.
Lucius Smith and I sa id "W ell, I'm Sgt. Lucius Smith". That
was the f i r s t Instance when th is matter was brought up.
9k
Sgt. Smith - d ire c t 95
Q Let me ask you another question : Since Hay 20,
where have you been?
A Some o f every p lace r e a l ly .
Q Have you been a i l over the world?
A I wouldn't say a l l over it but I'v e covered q u ite
a b it of i t .
BY THE COURT:
Q Where have you been stationed?
A I'v e been stationed here, s i r .
Q At Turner A ir fo rce Base here In Dougherty County?
A No s i r , not during a l l o f the time, i have been
TOY but m y home address is here but I'm in un it that goes
a l l over the p lace and th a t 's why I say I'v e been q u ite a few
p laces.
Q in and out?
A I spent three months in A fr ic a , in East A frica during
that time.
HR. ROBERTS: Your Honor, I want to show that we
made numerous attempts to reach Sgt. Smith.
_______ 2, You say you spent three months In South A frica ?
A East A fr ic a .
Q When did you return?
A I returned on the 30th of September and I was
there for three months p rio r to that or n early so . We were
ordered there for 90 days.
Sgt. Smith - d ire c t 96
Q Since the 30th o f September, where ha ve you been?
A On leave In Luverne, Alabama and Tuskeegee, Alabama.
T h at's my home. I had 20 day leave, I reported for work
on that folbwing Monday and I worked about three days and
I took o ff on a 20-day leave.
Q How long ago did you get back to Turner from Alabama?
A I signed in on the 26th o f th is month, I forget the
time but It was during the legal hours.
Q And today Is the 29th, Is I t not; that was three
days ago?
A W ell, I f today Is the 29th, it would have been
three days ago, yes.
MR. ROBERTS: Your Honor, in the lig h t o f th is
evidence that the Sergeant was not a v a ila b le , would
you s t i l l susta in the o b jectio n ?
THE COURT: Yes, the Defendants have had no
no tice of any contention o f th is nature, that there
were any Incidents involving th is man to a 1 lowyou to
present the evidence; they have had no no tice o f It
and they haven't had any opportunity to prepare any
Investig ation or make any Investig ation or prepare any
defense w ith regard to I t . I exclude I t .
MR. ROBERTS: Your Honor, would you —
THE COURT: I have excluded It for those reasons.
_______2, Mr. Roberts: Now, you did t e s t i f y to bowling out
Sgt. Smith - d ire c t 97
there during the C ity A sso ciatio n?
A I d id , yes, I bowled there .
Q During one o f the occasions in which you bowled
out th ere , did you ever seek se rv ice at the lunch counter?
A I myself d id n 't but a fe llow that was with
me did and we d id n 't get I t .
HR. BURT: Now, Your Honor p le a se , we have the
same o b je ctio n . Apparently th is was time that he
bowled in the C ity League, which was away before the
incidents on A pril 25 and May 20, and they are now
try ing to show an attempt to usd the beverage counter
and fo r the same reason we ob ject to it because we have
had no no tice that he contended or they contended that
he tr ie d to use the counter on some other date.
THE COURT: Yes.
MR. ROBERTS: Your Honor, may I speak to th is ?
THERCOURT: A ll r ig h t .
MR. ROBERTS: In the answer to the In terro g ato ries
which were propounded, they to ld us that Sgt. Smith was
a Negro who had used the f a c i l i t i e s o f Midtown Bowling
Lanes. I f that is n 't not tee to them, I don't know what
is n o tice , and we now seek to rebut what they say.
THE COURT: I agree w ith you on th a t. I allow
th is testimony because It re la te s to the times about
which they apparently had Inform ation. So, I admit th is
testim ony.
(Mr. Roberts and Mr. King conferring)
Sgt. Smith - d ire c t 98
THE COURT: Now H r. King, you and Mr. Roberts,
one or the other o f you conduct the t r ia l o f the case.
We've reached the s itu a tio n where between every question
we have to stop and tet you and Hr. Robetts have a
conference. I want the t r i a l to proceed w ith reasonable
dispatch} so , one or the other o f you conduct the examine*
tlon o f the w itnesses and le t ' s don't have the delay
between every question w h ile you a l l have a conference.
Go ahead. Hr. Roberts.
_______ Mr. Roberts: Old you or did you not ever present
yo u rse lf at the lunch counter and request a cup o f coffee?
A 2 I sa id I myself I did not but I was ta lk in g w ith a
fe llow -
MR. BURT: Now, I f Your Honor p le a se , he did not
but he was ta lk in g to another fellow and we ob ject to
that as hearsay, anything anybody e lse sa id . He d id n 't
do It h im se lf.
HR. ROBERTS: Let him f in is h .
BY THE COURT:
Q Just a minute: Is th is something that you're
te s t ify in g about that you p erso n a lly witnessed or Is It
something that somebody told you?
A No s i r , when I say I was ta lk in g w ith the fe llo w ,
I mean we were ta lk in g and we decided to go and get a cup of
co ffe e , the two o f us.
Sgt. Smith - d ire c t 99
Q Were you there and obsedved what occurred?
A I was one of the -
THE COURT: A ll r ig h t , go ahead; go ahead,
A The W itness: Maybe 1 expressed t h is wrong but
we were ta lk in g w h ile wex were standing up and we normally
would do a t any bowling a l le y and Woodle s a id , " le t ' s go
have some co ffe e ." I sa id "Sure, what n o t." And he and 1
walked over to the lunch counter. Woodle ordered a cup o f
coffee or rather ordered two cups o f ooffee. One cup o f
coffee was brought back and th a t 's I t .
_______ & Hr, Roberts: Would you Id en tIfy Woodle as to race?
A Yes, he 's a white fellow and h e 's manager • w e ll ,
h e 's a w hite fe llo w .
Q And you and he both or did you and he go to the
counter together?
A We d id ,
THE COURT: Don't lead him, don't lead him now.
Let him sta te what happened; don't lead him.
...... . S H r. Roberts: What did he ask the w a itress fo r?
A Some co ffe e , 1 b e lieve those were h is words.
THfi COURT: A ll r ig h t , did the w a itre ss serve him
ooffee?
A The W itness: She d id , s i r ; she brought one cup of
coffee .
______ J2. Hr. Roberts: I b e lieve you t e s t if ie d -
Sgt. Smith - d ire c t 100
THE COURT: Don't lead him, don't lead him;
le t him t e s t i f y .
Q Hr. Roberts: Do you r e c a ll how many cups o f
ooffee he asked fo r?
A I be lieve that he sa id we would lik e some coffee
and th a t 's I t . I th ink those were h is words.
Q "We would lik e some coffee"?
A "We would l ik e some co ffee" , yes.
Q Was there anybody e lse w ith him besides you?
A No, Ju st the two of u s.
Q And you were standing next to him?
A Reasonably close when two people a re ta lk in g ,
about as c lo se as you norm ally stand.
Q And your testimony Is he sa id to the w altiess,
"we would lik e some coffee"?
A I bdlteve those were h is words, yes.
Q And how many cups did she bring?
A One.
Q Did you on any other occasion by yo u rse lf seek to
get a cup o f co ffee?
HR. BURT: Now, he 's ta lk in g about another
o ccasio n , Your Honor and I tilnk our o b jectio n would
be good.
THE COURT: I'm not going Into any other in stan ces,
Hr. Roberts.
HR. ROBERTS: Your Honor, May 1 say something
for my own e d if ic a t io n -
[| THE0C0URT: Hr. Roberts, I'm allow ing you to
develop what happened on these occasions back there
where the Defendant apparentlo had knowledge that
th is man was tvthere, but not on theee Instances con
cerning which they had no knowledge. T h at's the b a s is .
MR. ROBERTS: W ell, the Defendant had knowledge
that he was there during the C ity A ssociation tournament
in the spring .
THE COURT: T h at's r ig h t .
MR. ROBERTS: The Defendant a lso had knowledge
that on a subsequent occasion th is man presented him self
and was refused perm ission to bowl.
THE COURT: Ho, th a t 's not In the oomplalnt.
MR. BURT: We don't agree to that and you haven't
alleged th a t.
THE COURT: T hat's not c le a r and you have not
alleged that In your oomplalnt. I'm allow ing you to
go into anything badk there at the time that the w itness
p artic ip ated In the C ity A ssociation tournament because
the Defendant apparently had knowledge that he d id .
Q Mr. Roberts: On the 20th o f May, were youor were
you not In company of Mr. Brodie and Mr. Noble and I b e lieve
several o th ers?
Sgt. Smith - d ire c t 101
Sgt. Smith - d ire c t 102
A I was.
Q Whet, I f anything, did you do on that day, do you
r e c a l1?
A 1 d o n 't remember everything that we did that day
but we did go to the bowling a l le y .
Q Would you re la te to me what happened when you went
to the bowling a lle y ?
A We were refused to - we were refused se rv ic e ; In
other words, we weren't allowed to bowl.
Q You w eren't allowed to bowl?
A No.
Q Let me ask you t h is : the gentlemen whom I have
named that you were w ith , what was th e ir race?
A They were Negroes.
Q A ll o f them were Negroes?
A A l1 of them were, yes.
Q Have I estab lish ed for the record what your race
I s , s i r ?
A I'm not sure ; 1 don't remember your having asked me.
Q What Is your race?
A Negro.
HR. ROBERTS: He's w ith you.
CROSS EXAMINATION
BY HR. BURT:
Q I b e lieve your testimony Is that you yo u rse lf did
not a c tu a lly request any oof fe e , Is that r ig h t , at the counter,
you yo u rse lf?
A That ts co rre c t .
Q And you yo urse lf were not refused?
A I was - w e ll , I don't say I was refused Inasmuch
as I d id n 't s p e c if ic a l ly request the co ffee , but the two o f
us went up there and we dtd order coffee In that sense, and
one cup came back.
Q But you yo u rse lf never said anything to the w a itre ss*
Is that r ig h t?
A Not one word.
Q You never tendered her any money for any coffee?
A No.
Q Now, on th is May 20 o ccasio n , who a l l went w ith you
on that day?
A There was Mr. Brodie -
Q Where Is Brodie?
A The gentleman here (p o in tin g ).
Q Who e ls e ?
A Mr. Nobles and there was, I b e lie v e , a Mr. Patterson
and an O'Neal.
Q Patterson and O'Neal; is that what you sa id ?
A I b e lieve that was th e ir names, yes.
Q How long did you say you a l l were out there inside
the bu ild ing ?
Sgt. Smith - d ire c t 103
Sgt. Smith - d ire c t \0k
A Approximately 10 minutes or so; maybe not even that
long.
Q You had walked up to the countrol counter th ere ,
Is that r ig h t ; you would be walking In so u therly d ire c t io n ;
y>u walked s tra ig h t In to the counter?
A W e ll, I t stands d ir e c t ly In front o f the door;
yes, i t ' s d ir e c t ly In front o f the door.
Q Right?
A So, n a tu ra lly , we would walk stra ig h t to i t .
Q And who d id the speaking for the group?.
A I'm not sure who spoke f i r s t but I th ink I had
something to say or I sa id something; and I b e lieve Mr.
Brodle sa id a few remarks. I'm not sure who spoke f i r s t .
Q Old you a l l leave the general area o f the control
counter before you turned around and walked out?
A No, I don't th ink so .
Q And when you a l l were to ld that you oould not bowl
th e re , you turned around and walked stra ig h t out in a
n o rth erly d ire c t io n ; Is n 't that r ig h t?
A We le f t the p lace but I don't know whether we a l l
walked In a b ee-lin e leaving there but we did leave. We went
d ir e c t ly out o f the p lace .
Q You d id n 't c ir c u la te around the seats or anything
l ik e th at; you stayed rig h t there at the counter area?
A In front o f the desk.
Sgt. Smith - d ire c t 105
Q In front o f the control counter or desk?
A R ight.
Q And you a l l were to ld at that time the lanes were
f u t 1, Is that r ig h t?
A I b e lieve he said something to the e ffe c t that they
were a l l reserved .
Q And you a l l d id n 't determine that the fa cts were
any d if fe re n t , did you?
A I d id n 't . I asked him, only I asked him If he
honored ABC card s, something to that e f fe c t , and that was I t .
Q You're not t e l l in g th is Court that the lanes
were not reserved or were not f u l l , are you?
A I have no way of knowing th a t. 1 w i l l say t h is ,
that the lanes were not being used at that time.
Q How many lanes are out there?
A Oh, 1 don't know) I th ink I t ' s 16, 16 or 20, I'm
not sure.
Q And what night o f the week were you out there?
A On the night - I don't remember whether it was
Monday or Tuesdayor what. You mean day of the week?
4 Yes?
A I don't remember.
Q It was in the nighttim e, was it not?
A R e a lly In the evening about 5:00 or 6 :0 0 , somewhere
between there
Sgt. Smith - d ire c t
Q And you d id n 't yo u rse lf go down and chedck each
lane to see whether It was f u l l or not?
A I don't th ink I understand th a t.
Q You yo u rse lf d id n 't go down and check each lane
to see I f there were people that were preparing to bowl or
were bowling on each lane?
A I d id not.
Q And d id you or did you not check to see i f the
lig h ts were on each o f the lanes? Did you make any examlna
tion of that type?
A No, there was no reason to . He sa id they were
reserved .
Q And they a lso sa id they were f u l l , did they not?
A He may have said that too, 1 don't remember; but
the p lace could not have been f u l l In the sense that there
were a lo t o f people there .
Q W e ll, you d id n 't go down and chedck to see i f
somebody was fix in g to bowl on each lane, did you?
A Have you been th e re , s i r ?
Q 1 asked you the question , did you go down there
and check each lane? x
THE COURT: He's a lready sa id he d id n 't , as I
understood h is testimony.
0 Mr. B urt: You did not go down and check the
lan es, Is that r ig h t?
Sgt. Smith - d ire c t 107
CROSS
A Each lane, no s i r .
Q When you did bowl there In the C ity A sso cia tio n ,
can you t e l l us what month It was?
A I th ink that was during the month o f A p r il , the
la t te r part o f A p r il . I'm not too sure about the date.
Q Th is year?
A It was th is year, yest I'm not too sure about the
date.
Q Were there anyother bowlers out there members of
your race at that time?
A On one time I bowled, yes, my brother-in-law was
w ith me.
Q He bowled out there with you?
A He d id .
Q During the C ity A ssociation In A p ril?
A It was during the time that the tournament was being
held .
Q And you th ink It was during A pril o f th is year?
A I th ink so; I'm not su re .
Q How many games did you bowl out there?
A Normal s e t .
Q What ts th at?
A Three; three lin e s or three bowls.
Q Three games?
A Not r e a l ly games; th ey 're lin e s a c tu a lly .
Sgt. Smith - cross 108
Q And what period o f time would you say you remained
j out there?
A The normal time It takes to bowl three l in e s .
Q Give us some approximate Idea o f the time?
A By m yself 1 can u su a lly bowl three lin e s llrv say
about 20 minutes maybe; between 20 and 25; but -
Q T h at's a l l .
REDIRECT EXAMINATION
BY MR. ROBERTS:
Q Now, you sa id you bowled three times during the
A sso ciatio n ?
A Approximately three tim es, I b e lie v e .
Q On any of these occasions that you did bowl, did
you have any problem being able to bowl?
A W ell, as soon as It was estab lish ed that I was
bowling with or during the Tournament, no; but that had to
be estab lish ed at f i r s t though.
Q That had to be estab lish ed f i r s t ; how was that
estab l(sh ed ?
A Be£ause the time I went there w ith my brother-in-law
to bowl, I asked I f 1 could bowl and 1 was to ld I would have
to see the manager or something; and some o f the fe llow s there
says, "He bowls In the tournament" and that was a l l that was
necessary .
Q So th a t , norm ally on th is occasion you were asked
Sgt. Smith - re d ire ct 109
or rether on th is occasion when you went out to bowl and you
sought to get a lane, they sa id y o u 'll have to see the manager
and It was o n ly a fte r th a t , that you were allowed to bowlA
THE COURT* W e ll, I heard h is testim ony. I t ' s
not necessary for youto repeat I t . I heard h is te s t I*
mony.
_______ & Hr. Roberts* Now, from the oontrol counter, do
you cal 1 I t ?
A They normally c a l l I t desk.
Q Yes, from the desk do you have a c le a r observation
o f a l l the lanes in the Midtown Bowling a lle y ?
A You do.
Q On the occasion that you were out th ere , the 20th
of Hay, did you see or le t me ask you th is * do you have any
Independent reo o llectio n of how many lanes approximately were
In use at that time?
A Approximately f iv e .
Q Approximately f iv e and you could see a l l o f the lan es'1
A Norm ally, yes, from the desk at the bowling a lle y
you can see a l l o f the lan es.
Q Now, on May 20, you to ld opposing counsel that you
had asked the desk man during q u ite a b it o f conversation,
"do you honor ABC cards"?
A 1 d id .
Q What, I f any, was h is response?
Sgt. Smith - re d ire ct 110
A Something to the e f fe c t , I b e lieve he sa id "You've
been here before and don't push me", i be lieve is what he
s a id , "you know the ru le s but don't push me.A"
MR. BURT: Now, i f Your Honor p lease , un less
he id e n t if ie s him as a party to the case , we ob ject to
I t as hearsay and we would l ik e to have our continuing
object ion.
(Mr. King and Mr. Roberts conferring)
THE COURT: Go ahead and examine the w itn ess.
Mr. Roberts: You have given your answer as to
what he sa id ?
A I have.
Q Who was th is man w ith whom you were ta lk in g , do
you know? I'm not asking you whether you know h is name or
not, I'm asking you what cap ac ity did he represent h im self?
A I could on ly assume that he worked fo r the estab
lishm ent. He was behind the desk.
Q He was behind the desk by the cash re g is te r?
A W e ll, in front o f the desk where you normally go
up to make reservatio n s to get a lle y s to bowl.
THE COURT: Anything further from th is w itness?
MR. BURT: No, Your Honor.
THE COURT: You may go down.
MR. KING: I f Your Honor p le a se s , the P la in t i f f s
c a l l Mr. W illiam Noble to the stand
WILLIAM F . NOBLE m
a party P la in t i f f , and ca lle d as w itness
by P la in t i f f s , duly sworn, t e s t if ie d on
DIRECT EXAMINATION
BY MR. KING:
Q W ill you sta te your f u l l name for the record , p lease?
A W111 lam F . Noble.
Q Where do you l iv e , Mr. Noble?
A 535 Mercer Avenue.
Q What Is your c a llin g or p rofession?
A F lo r i s t .
Q Do you conduct your business here In the C ity of
Albany, Dougherty County, Georgia?
A Yes, I do.
Q How long have you been In the business?
A Oh, s in ce *56.
Q Are you m arried?
A Yes.
Q Fam ily?
A Two ch ild re n .
Q I ask you, Mr. Noble, whether or not you have any
independent re co lle c t io n as to where you were on Thursday,
May 20, at or about 5 o 'c lo c k In the afternoon?
A I do.
Q Where were you?
A At Midtown Bowling Lanes.
Q And what. I f any, was your purpose for being th ere ,
s i r ?
Noble - d ire c t 112
A To bowl.
Q To bowl7
A Yes.
Q Old you on that occasion bowl, s i r ?
A No s i r , I d ld io t .
THE COURT: Now, ju s t have him go ahead and
te l) us about I t , H r. King, wlthoutyou having to
question him; Jus* le t him go ahead and t e l l a l l about
I t , so i t won't take a l l the time to bring It out by
questions; and then, I f he hasn 't covered It f u l ly ,
then question him.
HR. KING: W e ll, I f Your Honor p le a se s , 1 Aave
had the occasion to prepare th is w itn e ss , I have talked
w ith th is w itn e ss . In consequence o f which I have
degeloped the testimony In the way that I am doing It
now, and I th ink It would be o f considerable a ss ista n ce
to the w itness to do It In th is fash io n , s i r .
THE COURT: A ll r ig h t , go ahead.
Q Hr. Kino: You did Ind icate that you went to the
bowlIng a lle y ?
A Yes.
Q Did you bowl?
A Ho, I did n o t.
Q Would you In d ica te , I f you know, why you d id n 't bowl?
A W ell, we were to ld a t the time, around 5 o 'c lo c k , th¥
the a lle y s were closed and that we would have to see the
managers that they would open up again at 9 o 'c lo ck and we
would have to see the manager at 9 o 'c lo ck .
Q W ill you Ind icate whether or not there were others
w ith you on th is occasio n7
A Therre were.
Q W ill you Ind icate who they were?
A H r. Brodie, Sgt. Smith. O'Neal and Patterson.
Q Now, when you say that they Indicated to you,
whom do you make reference to?
A W e ll, the person thrt was behind the desk.
Q The person behind the desk?
A Yes.
Q Was theredany other conversation asid e from the
announcdment that the bowling a l le y was closed and you would
have to return a t 9<00?
A Yes. Hr. Brodie asked i f he could get a Coke or
cup o f coffee and the answer was "Don't push me, y o u 'll have
to come back a t 9 o 'c lo ck " .
Q A ll r ig h t) now, I ask you whether o r not w hile there
you were In a p o sitio n to observe the eating f a c i l i t y ?
A Yes, I was,
Q Were there persons who were eating?
A I b e lieve there were a oouple o f poople s it t in g at
the counter, lunch coun6er.
Noble - d ire c t 1 1 ) 3
Noble - d ire c t 114
Q Would you e th n ic a lly Id en tify who they were?
A They were member* of the white race .
Q What Is your e th n ic Id e n tity , s i r ?
A Negro.
Q I ask you, Mr. Noble, pursuant to the d ire c t iv e
given by the person at the counter, did you subsequently
go back?
A Yes, I went back.
Q Would you Ind icate approximately the hour at which
you returned?
A Approximately 9 o 'c lo c k .
Q Old you have an occasion to see the man at the
counter again?
A Yes, we d id .
Q What, I f anything, happened onthat occasion?
A He to ld us to w ait a minute and he went to get
the manager, I b e lie v e ; and we to ld that there were three
p la ce s In town where we could bowl; Turner, Marine Base and
Shackelford, the shopping cen ter, Albany Lanes; and that we
could not bowl th ere .
Q Now, w i l l you Ind icate who e ls e , I f there was
anybody w ith you when you returned at the 9 o 'c lo ck hour?
A Mr. Brodle.
Q What's that?
A Mr. Brodle.
Noble - d ire c t 115
Q Mr. Brodle, was there anybody e ls e ?
A I b e lieve Mr. Patterson was there a lso .
Q You believe to the best o f your re c o lle c t io n that
Mr. Patterson was there?
A Yes.
Q Now, was Mr. Patterson there e a r l ie r ?
A Yes, he was th ere .
Q I ask you whether o r not you reoognlze In th is
oourtroom any o f the persons to whom you or the group o f
which you were a part spoke to at 9 o 'c lo ck ?
A I recognize one p arty .
Q And who Is th a t, may I ask?
A The person referred to as Mr. N u ll.
Q Mr. N u ll?
A Yes, he was standing th ere .
Q When you sa id the manager In your p rio r testim ony,
Is that the person whom the desk man did go gnd get?
A There were two of them that came up w ith him.
Q I see ; was he wa one o f the ones?
A He was one o f the ones.
Q Old Mr. Null on t h is occasion say anything?
A I don't re c a ll whether he sa id anything or not
but he was standing th ere .
Q What, i f anything, did any of the o th ers say?
A That was a l l I r e c a l l .
MR. KING: He's w ith you.
Noble - cross 116
CROSS EXAMINATION
BY MR. BURT:
Q You say you went out there on two occasions on
May 20?
A Yes s i r .
Q And the f i r s t time you went out th ere , there
w asn't anybody bowling, was there?
A I b e lieve there were a few people down on the fa r
end o f the a l le y .
Q You b e lieve or you know? Don't you know, as a matter
o f f a c t , the lanes were -
THE COURT: Let hlmanswer the question , Mr. Burt.
Let him answer one question before you asked him another
one.
MR. BURT: I'm s o rry , I thought he had answered
I t .
Q You b e lieve what now?
A There were 2 or 3 lanes down on the fa r end In use .
Q That were being used?
A I b e lieve they were being used.
Q You don't remember them dragging the lanes when you
were out th ere , that they were working on the lanes when you
came out there at 5 o 'c lo ck ?
A Theycould have up at the other end} they could have
been working.
Noble - cross 117
Q And hew long were you out there on that occasion?
A Oh, approximately 10 minutes.
Q Approximately what?
A 10 minutes.
Q And thei, you went back at 9 o 'c lo ck and how long
were you out there then?
A 2 Oh, maybe 5 or 6 minutes.
Q As soon as you a l l learned fhe lanes were f u l l ,
you a l l turned around and walked out?
A As soon as we were to ld we could not bowl, we
turned around and walked out.
Q Now, you've answered ce rta in In te rro g a to rie s ,
have you not, your attorney has had you sign ce rta in answers
to questio ns, has he not?
A T h at's r ig h t .
Q And I b e lieve th is Is your s ig n atu re . Is It not,
W illiam «
A - F . Noble.
Q W illiam what? W illiam F .?
A F . Noble.
Q And In the answer to the In te rro g a to rie s , you only
mentioned that you went out there on one occasdlon at 9i00 PH.
Ybu don't mention ever going out there at 5 o 'c lo ck ?
A W ell, I was there on both o ccasio n s.
Q W e ll, did you answer these In terro g ato ries o o rrectly ?
Noble - cross 118
Weren't you asked to s ta te the Instances that you were out
there? D idn't Attorney King t e l l you that you were to answer
the Incident - I ' l l read you the question?
HR. KING: I f Your Honor p le a se s , 1 be lieve
that the s p e c if ic interrogatory asks about the occasion
or Instance alleged In the complaint; and t h is , 1 b e lie v e ,
re c ite s 9 :0 0 ; so, I th ink that h is response would be
a lo g ica l response.
MR. BURT: I don't q u ite agree w ith h is s ta te
ment, Your Honor, p lease . We asked for -
THE COURT: W e ll, go ahead and examine the w itn ess.
_______ ft Hr. B u rt: The Incident was Hay 20 and we asked
him to state In d e ta il what occurred at HIdtown Bowling Lanes
with regard to paragraph 7 , paragraph (b) of your complaint;
Include a l l statements made by any of the above Defendants.
Now, in your answer you mentioned on ly one occasion
and In answer to that Interrogatory, you sa id that you
were told "you cannot bowl here ." T h at's a l l th a t 's In
the answer to the In te rro g ato rie s : You recognize th is Is
your signature?
THE COURT: He's a lready sa id th a t 's h is s ig n atu re .
Q Hr. B u rt: A ll r ig h t s i r ; and In the answer the
o n ly quotation you have as to what was s a id , "You cannot bowl
here"; Is that r ig h t?
A According to t h is , yes.
Noble - cross 119
Q W ell, you signed an a f f id a v it that th is was correct
when Lawyer King presented I t to you, d idn'tyou?
A Yes, I d id .
Q And Is that a co rrect statement as to what was
sa id "You cannot bowl here"} Is that a l l that was sa id to you?
A No, I t was not a l l that was sa id .
Q So, In answering the in te rro g a to rie s , you d idn 't
give us a l l o f the Information as fa r as what statements were
made there?
A W ell, I Imagine th is was the most Importasa one.
I d id n 't - couldn't remember every word that was said to
that extent.
Q Weren't you to ld a t that time the lanes were f u l l ?
A At what time?
Q At 9 o 'c lo ck ?
A We were not to ld that they were f u l l at 9 o 'c lo c k .
Q Old you a l l go down and see i f the lanes were f u l l ?
A We were standing In front o f the desk.
Q And you d id n 't make any check to see whether any
lights were on the lanes o r whether the lig h ts were out?
A We did not.
Q And you made no attempt to go to any counter, did you?
A No.
Q Any beverage counter?
A No
Noble - cross 120
Q And anyone that you th ink that you might have
seen at 5 o 'c lo ck over at the beverage counter, you don't
say they were eating anything, do you?
A I don't re c a ll whether they were eating or not.
Q And when did you a l l decide you wanted to go out
there and bowl? When did you a l l decide on that date you
were going out there and bowl?
A W ell, were down at Fran k 's and decided to go bowling
around 5, somewhere In that neighborhood, 4*30 or 5 o 'c lo c k .
Q Where Is th at?
Highland Avenue.
And where have you ever bowled before?
Turner and Marine Base and Albany Lanes and Fort
A
Q
A
BennIng.
Q
A
Q
A
Q
A
Q
A
Q
A
Q
When Is the la s t time you bowled before May 20?
When was the la s t time?
R ight?
I don't remember the exact date.
Had It been recen tly befoee th at?
R ecently , yes.
What night o f the week was th is May 20 on?
I don't r e c a l l .
You don't re c a ll what the n ight o f May 20 f e l l on?
I b e lieve It was on a Thursday n ig h t.
You're not sure) now, do you know how many lanes weee
Noble - cross 121
out there on Hay 20?
A At Hldtown?
Q Right?
A How many were In use?
/
Q Yes?
A 1 don't know.
Q You don't know how many lanes they had?
A 1 sa id 1 don't know.
Q Do you know whether o r not I t was la d le s ' night
or men's night or mixed night on Hay 20?
A 1 don't know.
Q You don't know?
A No.
Q T h at's a l l .
WILLIAH EDWARD BRODIE
a party P la in t i f f , ca lle d as w itness by
P la in t i f f s , being duly sworn, t e s t if ie d
DIRECT EXAHINATION
BY HR. ROBERTS:
Q W ill you sta te your f u l l name for the record?
A W illiam Edward Brodle, B -r-o -d -I-e ( s p e ll in g ) .
Q Hr. Brodle. where do you now res id e?
A Now?
Q Yes?
A Augusta. Georgia.
Brodle - d ire c t 122
Q And where at the time th is complaint was f i le d on
Hay 20 did you res id e?
A Albany, Georgia, Dougherty County.
Q Mow, what Is your avocation o r c a llin g ?
A College In stru cto r .
Q Where are you p resen tly employed?
A Payne College, Augusta, Georgia.
Q And where were you employed at the time, on May 20?
A Albany State C o llege , Albany, Georgia.
Q Now, w i l l you Id e n tify yo u rse lf e th n ic a lly for the
record?
A I'm a Negro.
Q And do you have any Independent re c o lle c t io n of
Hay 20, 1965?
A I have.
Q Do you have any Independent re c o lle c t io n o f that
date at or about 5*00P. M.?
A 1 have.
Q Wi l l you t e l l me where you weere and what you were
cblng at that time?
A At approximately 5t00 P. H. I was a t HIdtown Bowling
Lanes attempting to bowl.
Q And w i l l you re la te to me ex a ctly what happened
when you got there?
A We went Into HIdtown Lanes and the $fe11ow that 1
Brodle • d ire c t 123
assumed was In charge, he asked could he help us and we said
"Yes, we would lik e to bowl."
Q You say the person you assumed to be In charge)
where was he?
A In the area of the desk counter; I Imagine, I f I
am not m istaken, he was behind the desk counter.
Q Go ahead? What, I f anythIngr e ls e , happened?
A He sa id "May I help you?," I sa id "Yes, we would
l ik e to bowl." He said "Weil , w e're c lo sed ." And I asked
him, "Well , what time w i l l you open?" And he sa id "About
9t00 ." I sa id "Can we bowl then?" He sa id "You w i l l have
to sde the manager." " Is the manager here now?" He sa id
"No." We said ' V I 11 he be here about 9)00?" He sa id " I th ink
he w i l l . "
I asked him I f 1 - w e l l , there was a conversation
that went on between he and Sgt. Smith; and then I asked
him I f I may get a Coke; and he sa id "Don't push me."
Q Now, whenyou asked him I f you could get a Coke,
were you able to observe the lunch counter at that point?
A Yes, at the lunch counter there were 2 or 3 people
s i t t i n g there at the counter.
Q Were they - had they been served, I f you know?
A Wel l , they had - I know they had beverages In front
o f them; so , I assume they were served; butfe I'm not sure on
food.
Srodie - d ire c t \2k
Q These people you referred to at the lunch counter,
what race were they?
A They were w hite .
Q A !1 o f them?
A A ll o f them.
Q Now, a fte r you were to ld by the employee "Well,
don't push me", then what happened?
A Wel l , there was a conversation between he and Sgt.
Smith. Wel l , th is Is In the whole conversation and we l e f t .
Q Did you subsequent to 5:00 P. M. return to Midtown
Bowling Lanes on any other occasion?
A We did at approximately 9:00 the same evening.
Q Do you re c a ll what, I f anything, transp ired at that
time?
A When we went in , the same fellow was there and, as
we approached the counter, he sa id "Just a minute" and went
o ff to the s id e into what i assume was an o f f ic e ; returning
with two other gentlemen; and one asked that we would l ike
to bowl; and he said "There are three p laces in town that
you can bowl."
Q Let me stop you one moment: you say he returned with
two other gentlemen?
A Yes.
Q Do you see e ith e r or both of them here?
A I see one o f them.
Brodte - direct 125
Q W ill you point out which one?
A Mr. N u ll.
Q Mr. N ull?
A Mr. N u ll.
Q And the other gentleman you don't see?
A No.
Q To the best o f your knowledge?
A No.
Q Now, le t me take you back to the desk man, when
he went to the o f f ic e and ca lle d out two men, what was the
conversation that followed?
A They came out and they asked I f they could help u s .
We sa id we would lik e to bowl and we are to ld that there are
two - that there are three p laces In town you can bowl, the
Marine Base, Turner At Ir Force Base and Shackelford Bowling
Lanes o r Albany Bowling Lanes; "You cannot bowl here ."
Q Did they say anything other than that? Let me
ask you t h is : Did they say that the lanes were f u l l or closed
or anything o f that nature?
A No, they sa id that we could not bowl th ere .
Q Ttat was the extent o f th e ir conversation with you?
A Yes.
MR. ROBERTS: He's w ith you.
CROSS EXAMINATION
BY MR. BURT:
Q I b e lieve you were a lso served w ith ce rta in
Brodle - cress 126
In te rro g a to rie s , Mere you not7
A I was.
Q And you answered the In terro g ato ries and swore to
th e answers and I be lieve th a t 's your s ig n atu re , ts I t not?
A It I s . :
Q And in response to what occurred on May 20, I
b elieve th a t 's the date that you were out there?
A Yes.
Q In your answers you only re fe r to one occasion that
yau were out th ere , at 9:00 P. M., In your answer to the
In te rro g ato rie s? Paragraph 2 , which requests d e ta il o f
"what occurred on May 20" o n ly shows on one occasion at
9*00 P. M. when you were to ld "you cannot bowl here"?
A W ell, th is asks what happened at 9*00 P. M. and
that was what happened.
Q W e ll, the question that was asked you was "What
happened on May 20, which Is the date a lleged in your complaint"
and you answered It* "On one o ccasio n , 9:00 P. M." And you
were a lso asked to s ta te In d e ta il what was stated and your
only statement was "You cannot bowl here"*
You did give th is answer, r ig h t? You did give
th is answer?
A I would lik e to see the answer to which question
that was asked.
Q A ll r ig h t , "Question No. 2* State In d e ta il what
"occurred at Mldtown Bowling Lanes w ith regard to paragraph
♦7(b) o f your com plaint, Including a l l statements made by any
o f the above Defendants") and. In response to #2 , you gave
us th is answer and signed It and swore to I t , Is n 't that
co rre c t?
A I sa id yes, we were to ld that you could not bowl here,
Q And nothing In that answer has any reference to any
5 o 'c lo ck Incident? Is there anything In there about 5
o 'c lo c k or ju s t 9 o 'c lo ck In the answer?
A In my answer?
Q R ight?
A Hay I look a t I t ?
Q (In te rro g a to rie s and answers handed to w itness) . . .
A What was your question?
Q W ell, your answer speaks for I t s e l f ) In answer to
paragraph 2 o f our In terro g ato ries about what happened on
that d ate , the only thing you to ld us about was at 9)00 PH
and the o n ly statement made was "you cannot bowl here"?
A T h at's part o f I t .
Q T h at's what you put In the In terrog ato ry , your
answer) th a t 's w hat's In your answer?
A T h at's part o f I t , yes.
Q W e ll, do you see anything e lse In there) you say
I t ' s part of I t ?
A Yes, along w ith th is other here.
Brodle - cross 127
Brodle - cross 128
Q I redogntze th at?
A Th is Is part o f I t too.
Q I redcgnfze about w hat's your background butfc I'm
ta lk in g about w ith reference to May 20 ,paragraph 2 , t e l l us
a l l that you to ld us In your answer to the Interrogatory?
You don't have anything In there about 5 o 'c lo c k or "don't
push me" and " I ' l l have to ta lk to the manager"* you don't
see any o f that In th ere , do you?
A No, not here.
Q What?
A Not here, no.
Q R ig h t, and you swore to that answer, did you not?
A As to what happened, yes.q
Q Now, on that date, who was the spokesman for your
group at 5 o 'c lo ck ?
A There was no spokesman for the group. We a l 1 went
together to bowl and we a l l ta lked .
Q Who was the f i r s t one that spoke to the man a t the
counter?
A I don 't remember.
Q Who a l l was fhere again?
A Mr. O'Neal, Mr. Patterson, Sgt. Smith, m yself and
Mr. Noble.
Q Sgt. Smith?
A Yes.
Brodle - cross 12$
Q Did you speak to the man at the counter yo u rse lf?
A Yes, I d id .
Q Who's the f i r s t one that spoke to him?
A I don't remember.
Q At 5 o 'c lo c k , when you a l l went th e re , as a matter
o f f a c t , they were dragging the lan es, were they not?
A I don't - I d id n 't see them.
Q You d id n 't s i t there and look at every lane, did you?
A I could see every lane from where I was standing.
I d id n 't s i t there a t a l l .
Q You're not saying they w eren't dragging the lanes?
A I d id n 't see them dragging them; and, I f they had
been dragging them, I would have seen them.
Q How long were you there?
A Oh, approximately 5 o r 10 minutes.
Q And you were standing rig h t there at the counter?
A At the counter, yes.
Q And when you were to ld that you could not bowl,
you turned around and walked out?
A We were not to ld that at 5 o 'c lo c k .
Q What?
A We were not to ld that at 5 o 'c lo c k .
Q You're ta lk in g about 5 o 'c lo ck ?
A Is n 't that what you're ta lk in g about, when we f i r s t
went there?
Bred Ie - cross 130
Q W ell,you did turn and go out, did you not7 Did you
ask to be served anything?
A Yes, I d id .
Q And who was the man that you asked?
A The fellow at the counter w ith whom we were carrying
on the conversation.
Q And he to ld you not to push him?
A He sa id "Don*t push me."
Q Did you go over to the beverage counter?
A No, I did n o t.
Q Wheee Is the beverage counter?
A At th is tIme as you walk Into the bowling a l le y ,
I t ' s over to the s id e .
Q How fa r from the ca sh ie r?
A I d id n 't measure f t ; I don't know.
Q W ell, g iv e us some Idea?
A Oh, about as fa r as from maybe you to me.
Q From where you were standing?
A Yes, yes.
Q And you did not go In th at d ire c t io n ?
A I did not attempt to , no.
Q And at 9 o 'c lo ck you did not go In that d ire c t io n ?
A No.
Q And nobody e lse In your group went In that d ire c t io n ?
A No.
B ro d le - c ro s s 131
Q And at 9 o 'c lo c k you were to ld the lanes were f u l l ?
A No, 1 was not to ld the lanes were f u l l at 9 o 'c lo c k .
Q Were you to ld the lanes were reserved?
A No, I was not. We were to ld that we oould not bowl
th ere .
Q Now, at 9 o 'c lo ck was or was not the lanes being
used? Were or were not the lanes being used?
A You mean a l l o f them?
Q As fa r as you saw?
A Some o f them; some o f them were In u se , yes.
Q You d id n 't check to see tf any of them were open,
did you?
A No, I d id n 't .
Q T h at's a l l .
REDIRECT EXAMINATION
BY MR. ROBERTS:
Q Now Mr. Brodle, you were asked whether you signed
that a f f id a v it to the In te rro g a to rie s , answers to the
In terro g ato ries?
A Uh huh.
Q You signed It under oath?
A Yes.
Q I would l ik e to ask you, when you signed them under
oath , you were te l l in g the tru th , were you not?
A Yes.
JAMES STANLEY PARRY 132
ca lle d as witness by the P la in t i f f s ,
being duly sworn, t e s t if ie d on
DIRECT EXAMINATION
BY HR. ROBERTS:
Q W ill you s ta te your name for the record , p le a scf
A My name is James Stan ley Parry.
Q Mr. P arry , where do you resid e?
A 229i South Jackson S tre e t , Albany, Georgia.
Q And w i l l you e th n ic a lly id e n tify yo u rse lf?
A Caucasian.
Q New Mr. P a rry , do you have any Independent re c o lle c
tio n o f Sunday, A p ril 25?
A 1 do.
Q What, I f anything, transp ired on that date?
A W e ll, the f i r s t th in g , that afternoon, e a r ly that
afternoon, a group o f people, including several students from
Albany S ta te , Roy S h ie ld s , m yself and several o th ers , SNICK
w orkers, gbehered tn our o f f ic e . I t was decided that people
would go out to Mtdtown lanes to bowl.
I ca lle d Midtown Lanes at roughly 2 :30 . I asked
them I f there were any lanes open. I was to ld that there
were leagues bowling there at the time but there would be
lanes open at around 74:30 or 8 :0 0 . (ca lle d back again -
MR. BURT: Your Honor p lease , w e're going to
ob ject on the same ground, he ca lle d there and talked
to someone, without any fu rth er Id e n t if ic a t io n ; and a lso
Parry - d ire c t 133
I t stems to me that th is w itn e ss , we see no reason why he
was not l is t e d . We point ex a ctly A p ril 25 and they gave
us a l i s t o f w itnesses -
A The W itnessi I d id n 't go out.
HR. BURT: W e ll, any one that knew anything
about the Incident and they c e r ta in ly d id n 't present
him as a w itn ess; and we urge that o b jection to h is
testImony.
THE COURT: W e ll, as I understand I t , he says
he 's not gol$g to t e s t i f y about anything that happened
out there .
HR. BURT: We asked, the question was, do you
know anything, d ir e c t ly o r In d ire c t ly -
THE COURT: Yes, I know;they should have given
you h is name; th e re 's no question about th a t. I f they
were going to use him, they should have given you his
name. But I'm going to allow him to t e s t i f y . Sooner
or la te r though I'm goi0g to c a l l a h a lt to th is sort
o f th in g . When lawyers know about w itnesses th ey 're
going to use and don't g ive the names, sooner or la te r
I'm going to c a l l a h a lt to I t . I'm going to allow him
to t e s t i f y . Go ahead.
HR. BURT: Of course, Your Honor, we do want to
make suee, w e're o b jectin g to anything somebody may have
sa id on the other end o f the telephone.
Parry - d ire c t 134
_______ & Mr, Roberts: Mr. P arry , when you say you telephoned
Midtown Bowling Lanes, now, how doyou know you telephone
Midtown Bowling Lanes?
A I looked the number up in the phone book, I d ia led
that number, the phone was picked up and the voice o f a lady
sa id "Midtown, Midtown Lanes", something there) "Midtown"
was d e f in ite ly in th ere . It sounded lik e a bowling a l le y .
Q When you say It sounded lik e a bowling a l le y ,
what do you mean by that?
A W e ll, you know what It sounds l ik e on the telephone
when somebody Is ta lk in g In a large space; th e re 's sort o f
the echo. A lso , there was sound, you know, standard sound
o f b a lls ro ll in g and pins being knocked down, the echoing
sounds that you hear In bowling a l le y s .
Q So then, going back to your testim ony, you telephoned
Midtown Bowling Lanes and what did the man who Id en tified
him self as representing Midtown Bowling Lanes t e l l you?
A It wasn/t a man.
Q Or the lady?
A Said that there were leagues there; that there would
be no lanes open u n ttl 7:30 or 8 :0 0 . I ca lle d back again
around 5:00 to 6 :0 0 . I was to ld the same th ing , to c a l l
back at 7 :30 .
At 7:30 I ca lle d back and I was to ld that there
were lanes open.
Parry - d ire c t 135
Q Let me interrupt you: th is is the th ird occasion
that you ca lle d ?
A Yes s i r , th is was a man.
Q Did you speak to the same person?
A No, I d id n 't ; th is was a man.
Q Did he answer to the same number that you d ia led ?
A Excuse me?
Q Did you d ia l the same number each time?
A Yes, I d id.
Q Did th is man id e n tify h im self?
A He sa id the same thing "Midtown". He said that
there were lanes open. i asked that a lane be reserved for
Roy S h ie ld s.
Q Did you sta te when?
A Sh o rtly th e re a fte r ; they would be there in 10 or
15 minutes. They le f t , they being the people In the o f f ic e .
Q And th a t's a l l the knowledge that you have, a l l
o f the personal knowledge I should say , o f what transp ired
on the 25th o f A p ril?
A T h at's co rre ct.
Q Now, you say Mr. Sh ie ld s le f t ?
A Yes, th a t 's r ig h t .
Q Have you ever had any o ccasio n , you y o u rse lf , to
go out to Midtown Bowling A lle y ?
A Yes, I have.
Parry - d ire c t 136
Q W ill you t e l l me - w e ll , was that time subsequent
to A p ril 25?
A It was.
Q W ill you describe what happened?
A In the la t te r part of Hay on a Monday n ig h t, I
don't remember the exact date , I do know It was a Monday n ig ht.
MR. BURT: Now, i f Your Honor p lease , we're
going to o b ject to another incident which he is getting
into as we did before.
THE COURT: Are we getting into the same
problem we had before, Mr. Roberts?
MR. ROBERTS: I b e lie v e , Your Honor, I simply
would lik e for him to t e s t i f y as to what he observed
in the restaurant In terms o f food and in terms o f f a c t ,
question about being served; it w i l l be very sho rt.
THE COURT: A ll r ig h t .
MR. BURT: We want the record to show that we
objecdt to It on the ground it is some other incident
not alleged in the oomplaint.
THE COURT: A ll r ig h t , I ' l l reserve my ru ling
on th a t, Just lik e I did w ith regard to the testimony
o f Mr. and Mrs. Weintraub.
_______^ Mr. Roberts: You went o ut, you say , some time In
May?
A T hat's r ig h t .
Parry - d ire ct 137
Q Were you In company with anyone?
A I went out with young lady named Nancy Cooper.
Q W ill you Id en tify her e th n ic a lly ?
A Caucasian.
Q W ill you t e l l me what happened?
A We went out f a i r ly la te at n ig h t, perhaps 10:30
or 11:00, somewhere in there; we went out to Midtown Lanes,
we went in and we walked up to the desk, to ld the man that
we wanted to bowl. He gave us a th ing , one o f the score
sheets and asked us - or you know, we wanted to rent shoes,
he asked us what s iz e and he gave us shoes. We walked -
Q Was there any other conversation between you and
the desk man?
A No, ju s t the standard thing whenever you go into
bowling a l le y . We walked down to the r ig h t , down to , i
th ink it was lane \k , something on that o rd er, r ig h t in front
Just about at the restau ran t. We put on our shoes, chose
bowling b a l ls . I asked Nancy I f she wanted anything to eat
and we went over to the restaurant and sat down at the
counter th ere . A man behind the counter, who was apparently
the w a ite r, came over and asked us what we would l ik e ; and
I had chocolate m ilk-shake and Nancy had a cup of co ffee .
A fter we had f in ish e d , we went back over to our lane and
bowled two games, paid for them and le f t .
Q At no time were you questioned about where your
Parry - d ire c t 138
residence was?
A No.
HR. BURT: We object to that as leading, Your
Honor p lease . He ca n ask him what questions he was
asked.
THE COURT: W e ll, th a t 's a i l r ig h t .
HR. ROBERTS: He stated before -
THE COURT: I don't consider that o b jectio n ab le .
Go ahead and le t him answer.
_______ S Hr, Roberts: Were you ever asked anything to
id e n tify yo u rse lf In any way, whether you were from Albany,
Georgia and a local bowler or whetheryou were from Hlchigan
passing through town?
A No.
Q There were no questions asked o f you In th is regard?
A No.
Q I show you what's been id e n tif ied as P-5: Is th is
an accurate representation o f what it purports to represent?
A It i s .
Q What does that purport to represent?
A I t ' s a p ictu re o f Hldtown Lanes from - le t ' s see -
the north face of I t , taken from across Broad S tre e t . I t Is
accurate In the sense that th e re 's a sign there for a coffee
shop, which I be lieve they've taken down s in ce .
Q Do you know the name of th is s tre e t th a t's d ir e c t ly -
Parry - d ire ct 139
A Broad Avanue, I b e lie v e .
Q Now, I show you w hat's been Id en tif ie d as P-2j
that Is a lso Mldtown Bowling Lanes?
|
A It I s .
Q What Is th is area here o ff to the le f t o f Midtown
Lanes facing w est, facing out o f Mldtown Lanes? To the westt
o f MI4town Lanes?
A I t ' s a parltfng lot beside the th ing . I t ' s cap acity
is perhaps 20 c a r s , a parking lo t .
Q Now, did you ever observe - - do you remember a
convention In town held f a i r ly re ce n tly , a convention o f
Sh rin ers known as Nobles?
A I do.
Q Do you re c a ll whether or not you had an opportunity
to go out to Midtown Bowling Lanes during the time th is
convention was In town?
A I d id .
Q You dd go out there?
A T h at's r ig h t .
Q Now, le t me ask you t h is : do you know o f your own
knowledge where these Shriners and Nobles come from?
A I have been to ld that •
Q No?
A I'm going to continue, s i r ; I have been - I mean I -
THE COURT: We don't want what you were to ld .
4
Parry - d ire c t
_______ <i Hr. Robertsi Don't t e l l us what you've been to ld ;
anything that you know of your own knowledge?
A I saw the Shrlner parade. I b e lieve ft was Saturday
nornfng o f the weekend they were here.
Q Were there or were there not banners of id e n t lf i-
cation showing the home-town banner?
A Not as -
MR. BURT: I ob ject to that as betng a leading
question , whether or not there were banners showing
I
th is and th at.
A The W itness: There might have been banners, I
don't remember.
V/.
HR. BURT: I th ink he ought to le t the w itness
Id en tify what he can but counsel suggests a way o f id en ti-
f I cat Ion.
Q Hr. Roberts: I withdraw th a t. T e ll me
everything you remmber about the parade?
A There were no banners as such that I fcemember.
U was la rg e ly composed o f , oh various f lo a t s , various cars
rigged up in d iffe re n t waysj you know, w ith s ig n s , horns
and s ire n s , painted b rig h t, gaudy co lo rs . There werre signs
on the cars Id entify ing where they cane from, where the
Shrlner groups were from.
Q Now, do you remember any group that was not from
the State o f Georgia?
14*0
Parry - d ire c t 141
A There was, i b e lie v e , at least one from Alabama.
It was, I th in k , Mobile, a squad o f scooter r id e r s . I be lieve
there was a lso a group from Birmingham.
Q Now, I show you what's been id e n tif ied as
PLAINTIFFS' EXHIBIT No. 1: What do you n o tice in the
le f t corner o f the p ictu re on the w all of Midtown Bowling
Lanes?
A I n o tice a group o f four banners, s t r ip s o f bunting;
they were red , white and b lue. In the center is another
banner which reads "Welcome Nobles." That was red. It had
gold - the le t te rs were in gold, the cre scen t, the s ta r In
the center were a l l In gold.
Q Was th is banner evident during the time o f the
Convention of the S h rin e rs , in th is Convention at the time
you were out at the Midtown Lanes?
A It was.
Q Do >̂u of your own knowledge - did you or did you
iot observe during the time of th is convention at Midtown
Bowling Lanes cars bearing o u t-o f-sta te lic e n se s ; w e ll ,
I should say ca rs w ith o u t-o f-sta te tags parked in and
around the v ic in i t y of Midtown Bowling Lanes, which you
Id en tif ie d in the v ic in i t y o f th is parking lo t on Broad S t .?
A • d id .
Q Did you notice several cars w ith out of s ta te tags?
A Yes, i d id .
Parry - d ire c t - cross 142
Q Did you or did you not observe any p a rt ie s leaving
these cars and entering Mfdtown Bowling Lanes?
A I d id .
CROSS EXAMINATION
BY MR. BURT:
Q Where do you work?
A I work In Albany, Georgia.
Q What kind of work do you do?
A I work for the Student Non-Violent Coordinating
Committee.
Q And how long have you been so engaged here In Albany?
A Since the la t te r part o f January.
Q And what are your d u tie s?
A I am more or le ss a sec re ta ry . That means, I run
the o f f ic e , I type le t t e r s , I answer the phone, I run mimeo
graph machine, run o ff f ly e r s , keep our lib ra ry } I d rive
people when they need to be driven and th e re 's no one e lse
a v a ila b le , and I do whatever e ls e needs to be done.
Q What Is the t i t l e o f Roy S h ie ld s , who's P la in t i f f
In th is actio n?
A Roy Sh ie ld s is P ro ject D irecto r for SNICK in
Southwest, Georgia.
Q And your organizatton is what?
A Student Non-Violent —
Q Student Non-Violent Coordinating Committee?
Parry - cross
A T h at's r ig h t .
HR. KING: If Your Honor p le a ses , as to him going
any further into d e t a i l , I th ink that these In i t ia l or
Introductory questions were ce rta lA y Ir re le v a n t , In the
f i r s t p la ce , and have no real m erit Insofar as the
m erits of th is case are concerned; but as to what Roy
Sh ie ld s does or a l l of the chores that he does, that
Is n 't re levant here.
HR. BURT: Your Honor p leases , one o f the
P la in t i f f s , of the same o rg an iza tio n , and th is is to
show any connection between the two.
THE COURT: 1*11 let him answer; 1 o verru le the
object Ion.
_______ Q Hr. Burt: Who Is In charge o f the SNICK o f f ic e
here? Is It Roy or you, Roy S h ie ld s?
A What do you mean by "In charge"?
\ ' • . .• • y ■r -
Q W ell, who's over who; who's manager?
A Roy Sh ie ld s Is the manager.
Q He's over you?
A T h at's r ig h t .
Q And you were asked by him to c a l l out to Hldtown
Lanes on th is occasion?
A I don't be lieve that I was asked. I be lieve what
it was, when people decided to go out and bowl, it occurred;
I th ink It occurred to me, I'm not ex a ctly su re .
Parry - crossParry - cross )kk
Q Have you got any record -
A I'm so rry , s i r ; th is was, you know, the Idea occurred
that one should find out before anybody went out whether or
not there were any lanes vacant.
Q And th is date was what again?
A 25th of A p r il , which was Sunday.
Q 25th o f A p ril?
A Yes.
Q Do you have any records to show that?
A Do 1 have any records?
Q Do you have any reoords, d id you make any record
o f when you made the c a l l ?
A No s i r , 1 did not.
Q You are Just re ly in g on your memory?
A I'm re ly in g on my memory.
Q And the date that you and th is Nancy g ir l went
out there was when?
A At was In the la t te r part o f May. I'm not e x a ctly -
a l l I know, s i r , Is that it was a Monday n ig h t. I'm not sure
as to the exact date.
Q The la t te r part of May of th is year?
A T h at's r ig h t .
Q And you went out there for the purpose of seeing
whether or not you could bowl?
A N o slr , we went out to bowl.
Parry - cross
Q And you went over to the counter to see whether
or not you could get anything to eat?
A No s i r , we went over to the counter to ea t.
I don't b e lieve there was any question o f whether or not
we could.
Q Did you ta lk to attorney King or Roy Sh ie lds before
you went out there the la t te r part o f Hay, about going out
there at some time?
A We had talked about I t . We had talked about the
case , yes s i r .
Q And you knew a fte r going out there you would be
ca lle d to t e s t i f y , did you not?
A No s i r , I didnot know. I d id n 't even know what
would happen In the s u it . I'm not a lawyer, s i r .
Q Did you maintain any sa le s s l ip , any record to
show you had been out there?
A They don't norm ally give sa le s s l ip s as fa r as I
know. There was no sa le s s l ip at the counter. The man Just
s a id , you know, you owe - I don't know - i t was *5 cen ts,
or something lik e th a t. ®ien you bowl, you f i l l out a score*
card , which you then turn In and* the man computes the number
o f games.
Q You maintained no record showing that you had been
out there?
A I did not.
1*5
Parry - cross
Q And you went back and made no record to show what
date It was, what date you went out there? You don't have
any records to show that you went out there at that tim e,
do you?
A I do not.
Q And ye t, your employer who Is a P la in t i f f In th is
a ct io n , you were going out there for the s p e c if ic purpose
of seeing i f you could bowl and get something to eat at the
counter?
A I d id make up an a f f id a v it . I 'v e lo st It s in ce
then; I don't know where It i s .
Q You were not served any food out th ere , were you?
You sa id you had a "shake", I b e lieve?
A M ilkshake; a l l r ig h t , th a t 's made w ith mi Ik , ice
cream and chooolate syrup, s i r . I don't know whether you
consider that food or not.
Q Whatever you had and whatever Nancy had, you a l l
drank, is that r ig h t?
A T h at's r ig h t .
REDIRECT EXAMINATION
BY MR. ROBERTS:
QMr. Parry , you Just mentioned an a f f id a v it that you
drew up afterw ards?
A Yes s i r .
Q A fter going o ut, and you said you d id n 't know what
146
Parry - re d ire ct 1*7
happened to It ?
A Yes.
Q lask you, Is th is your signature?
A It I s .
Q Is that the a f f id a v it you had reference to?
A No, th is is not) th is Is a d iffe re n t a f f id a v it .
Q Oh, 1 see. Th is Is - you did make a record o f
the time that the - you made a record o f the events o f the
date that th is whole transaction took p lace , the In i t ia l
transaction took p laca , th a t 's the 25th o f A p r il7
A Excuse me.
Q Let me rephrase It - Did you make any record, any
w ritten record for your own purposes o f what transp ired on
the 25th o f A p ril or for any other purpose?
A Of what transp ired ?
Q Yes?
A No, other than th a t.
Q W ell, when you say , "other than th is" what would
you describe th is as?
A An a f f id a v it , I suppose.
Q Which s ta te s what?
A That I had ca lle d Midtown Laames and that there
were free lanes.
Q Would you read t h is , p lease?
A (Reading): "At approximate!y 7:30 1 ca lle d the
I
Parry - re d ire c t \kQ
*v# t *: * '•? ■
"Midtown Bowling A lle y , phone No. A36-6333 to ask for a
reservatio n for a free lane. I had ca lle d several times
e a r l ie r In the day, the 25th o f A p r il , 1965. and had been
to ld that there would be lanes free only a fte r 7:30 or
8 o 'c lo c k . When I c a lle d at 7 :3 0 , the man who answered
j e v .i.r 1
the phone to ld me that there were free lan es. I asked him
to reserve a lane for Roy Sh ie ld s and to ld him that It would
be picked up In 15 minutes or so . He sa id that was a l l r ig h t .
At th is time he mentioned nothing about a l l o f the lanes being
taken. He sa id , In f a c t , that they were not a l l taken. He
a lso sa id nothing about d iscrim in ato ry p ra c t ic e s . He merely
made the rese rv a tio n , I presume, as 1 requested him to do.
25 A p r il , 1965, James Stan ley P arry , signed) w itnessed ,
Joyce C. B a rre tt , witnessed Jo ffre y T . C la rk ."
Q Now, 1 would ask you, on another occasion when you
were out th ere , I'm not ta lk in g now about the occasion -
I'm ta lk in g now about the occasion during the Shriners and
Nobles, I believe during the Sh rin ers Parade or the Nobles
Convention: you stated that on that o ccasio n , you were out
there twice duringjjthe time; you were out there on two
separate days during the time o f that Convention; Is that
co rrect?
TVA T h at's co rre ct.
Q I ask you, do you have any independent re co lle c tio n
o f the amount o f o u t-o f-e ta te cars that were there?
Parry - red ire ct
A There was, I th in k , roughlylO per cent, or so.
There were, oh k or 5 c a rs , 5 or 6; yes, roughly 6 cars
when I was there the f i r s t time and about the same number
the second time that Thursday and Frid ay of that week-end.
Q And these cars were parked d ir e c t ly adjacent to
Nidtown Bowling Lanes In that parking lo t and adjacent to I t ?
A They were parked e ith e r in the parking lo t , or
d lrectify In front o f Midtown Lanes or In an area of the
parking lo t that Midtown Shopping Center parking lo t d ire c t ly
adjacent to Midtown.
Q W e ll, when you say d ir e c t ly adjacent to , that they
were In Midtown parking lo t d ir e c t ly adjacent to Broad as
opposed to sto res on the other sid e o f the parking lo t?
A T h at's r ig h t , d ir e c t ly adjacent to Broad and the
e x it In front of Midtown Lanes, th a t 's r ig h t .
Q Just one fu rth er quest Ion* You saw people leave
these o u t-o f-sta te — but I asked you th a t, I b e lieve .
RECROSS EXAMINATION
BY MR. BURT:
Q Old you go by there very often to check to see
whether there are out o f s ta te cars out there?
A I d id not.
Q You did th is on one occasion?
A I d id th is on a to ta l o f four occasions on two
d iffe re n t dates
Parry - recro ss 150
Q And what were the dates?
A Thursday and F rid a y , I b e lieve they were the 14th
and 15th.
Q Of when?
A October.
Q And d id you take any p ictu re s o f any o f these ca rs?
A I did not.
Q You went out there for the s p e c if ic purpose o f
seeing I f any were out there?
A I d id .
Q And you don't know whether the occupants of the
cars were fromout of State or not? You don't know whether
they'd been liv in g here for several months w ith an out-of-
s ta te tagi you don't know th a t , do you?
A Idon'tknow It but I do know that you have to get
In -sta te tags I f you're In Georgia over, I b e lie v e , 30 days.
Q But where these people were from, youd>n't know?
A Iwould assume they were from -
Q I d id n 't ask you what you assumed?
A I don't know, no.
THE COURT: A ll r ig h t , you may go down.
MR.KING: The P la in t i f f c a l l s Mr. Roy S h ie ld s.
R8Y-SH4ELQS. JR 151
party P la in t i f f , ca lle d as w itness
by P la in t i f f s , duly sworn, t e s t if ie d
DIRECT EXAMINATION
BY MR. KING:
Q Would you sta te your f u l l name?
A Roy S h ie ld s , J r .
Q I ask you, Mr. S h ie ld s , what is your ethn ic
Id e n tif ic a t io n ?
A B lack .
Q This is to say Negro?
A Yes.
Q Mr. S h ie ld s , I ask you whether or not you are
employed?
A Yes.
Q What Is your employment, s i r ?
A I work for the Student Non-Violent Coordinating
Committee.
Q I ask you whether or not you have any Independent
reooI lectio n as to where you were on the date, A pril 25,
I believe it was, 1965?
A Yes.
Q Would you Ind icate to me where you were?
A I was at Mldtown Lanes.
Q At about what time, s i r ?
A At about 7: **5.
Q PM?
A PM, yes.
Shie lds - d ire c t 152
Q Now, were there other persons w ith you?
A There were several people w ith me.
Q Would you IdentIfythem?
A Joyce Brown, Jo ffrey C la rk , Wesley Jones, Anita
Bodte and a couple o f other g i r l s ; I ca n 't remember th e ir
names, students at Albany S ta te .
Q They are Negroes?
A Yes.
Q Did you go Into HIdtown Bowling Lanes?
A Yes s i r , we d id .
Q What*, I f anything, happened upon getting there?
A We walked In d ir e c t ly to the contro l desk and
a gentleman stepped Into view and sa id , "What can I do for
you?" And I asked him for the lanes that were reserved for
Roy S h ie ld s . He sa id the lanes were c lo sed . So, I askedI ' ‘ ' f > i t ' * ' •’* «
him for the manager, and another guy walked up and id e n tif ied
him self as the manager. He sa id -
Q Do you r e c a l1 what the person who represented
hlfcmself as the manager looked lik e ?
A Yes s i r , I do.
Q Do y>u Identlfyone In th is courtroom as being the
manager?
A He's s it t in g rig h t over here (p o in tin g ).
Q Would you Ind icate from my le f t going r ig h t?
A The man on the very end o f the ta b le , on your r ig h t .
Sh ie ld s - d ire c t 153
Q The man at the very end o f the tab le?
MR. KING: What Is h is name, counsel?
MR. RENT2: Mr. Hendly.
MR. KING: Let the record show that he pointed
to Mr. Hendly.
_______ Q A ll r ig h t , would you go on and Ind icate what
transp ired ?
A I asked him h is name and he sa id my name Is Howard
Hendly; and SI asked him again ju s t what was h is name and
would he sp e ll It for me . He re p lie d . i"H e n 1 y " I sa id
,
"Thank you. s i r . and turned to my rig h t to walk o ut. I noticed
that there was a concession stand and we walked into the
concession stand coffee shop. There were a few tab les and
In the middle of the dining room and some booths around the
w a ll . It was a lso furnished w ith a bar and a g r i l l .
So. we walked Into th is area . One of the g ir l s
sat down. And Mr. Hendly then came over to speak to the
group, and a t th is point he asked -
!!
Q What, I f anything, did he say?
A He sa id "What do you want?* A nd I Indicated that
we wanted to e a t; and he sa id "We don't serve colored here ."
So, I sa id "Thank you s i r " , turned and walked o ut.
Q Did you observe any others there using the f a c i l i t i e s ?
A There were some kids s it t in g over In the corner,
the fa r corner In the back In the r ig h t , on the r ig h t .
Sh ie ld s - d ire c t 154
Q What was the e th n ic id e n tity o f the k id s?
A They were w hite .
Q Have you had an occasion to d rive southward on
Slappey D rive?
A Yes s i r , i have.
Q Have you had an occasion to d rive southward across
the in te rsectio n of Broad Avenue on Slappey D rive?
A Yes, I have.
Q Have you had an occasion to determine whether or
not the advertisement In front o f Midtown Bowling Lanes, as
represented by the Bowling Pin In P-2?
A Yes, I'v e seen I t .
Q Have you been able to see i t from your car on
d riv in g along Slappey D rive?
A You c e r ta in ly can.
Q Do you know what highway Slappey Drive Is designated
as?
A
Q
Highway 19 and In te rsta te 82.
A ll r ig h t} no further questions.
CROSS EXAMINATION
BY MR. BURT:
Q I b e lieve you're the F ie ld Secretary for the
Student Non-Violent Coordinating Committee here In Albany?
A I'm one o f the F ie ld S e cre ta r ie s for the Student
Non-Violent Coordinating Committee.
Shie lds - cross 155
Q And how long have you been here?
A I'v e been here approximately a year and a h a lf .
Q And where are you o r ig in a lly from?
A My home Is D a lla s , Texas.
Q And have you done work In Michigan?
A Yes, 1 have.
Q When was th is ?
A In '60 , '60-61.
Q Do you d rive an automobile?
A Yes, 1 do.
Q May 1 see your d r iv e r 's lice n se ?
A (Handing d r iv e r 's lice n se to co u n se l). . .
Q How long have you had a Georgia d r iv e r 's lice n se ?
A Approximately a year and a h a lf .
Q Before that what s ta te were you c a llin g your residence?
A Before that?
Q Yes?
A D a lla s , Texas.
Q Doyou vote here In Albany?
A No, 1 don' t .
Q Where doyou vote?
A D a lla s , Texas.
Q Are you a re s id e n t, do you plan to go back there
as a resid en t?
A Texas Is my home, s i r ; I plan to retu rn .
Sh ie ld s - cross 156
Q You went to the Mtdtown only on one occasion and
that was A pril 25 o f th is year, Is that r ig h t?
A T h at's co rre ct.
Q What day of the week was that?
A Sunday.
Q And when you went out there who did most o f the
ta lk in g ?
A 1 did the ta lk in g for the group.
Q You did the ta lk in g for the group?
A T h at's co rre c t , s i r .
Q And how long would you say you remained at the
counter, the contro l counter as you walk In to bowl before
you turned and went out?
A Before I turned to go out?
Q In other words, how long were you ta lk in g to Hr.
Hendly?
A Oh, I talked w ith Mr. Hendley for approximately?
o r 3 minutes.
Q Pardon?
A For approximately 3 minutes.
Q And then you a l l le f t ?
A That's co rre ct.
Q You yo u rse lf never a c tu a lly went over to the
counter, to the beverage counter and asked the w a itress
for any p a rt ic u la r Item, did you, you yo u rse lf?
Shields - cross 157
A I asked Mr. Hendly - f i r s t of a l l , we walked Into
the coffee shoo, a g ir l sat down; we had no time at a l l to
even look at a menu. Mr. Hendly came over and sa id "We don't
serve colored here ." So, I took the group - not d esir in g
any tro ub le , I took the group and we le f t Immediately.
Q You d id n 't go to the beverage counter yo u rse lf?
A No, Mr. Hendley sa id he d id n 't serve colored fo lk s .
Q Did you s i t down at a tab le?
A No, 1 d id n 't .
Q How c lo se did you get to the beverage counter?
A How c lo se I got? 1 walked rig h t past the beverage
counter.
Q But you made no request o f the w a ltess behind the
counter -
A How could 1 when 1 d id n 't know what was on the menu?
Q I asked you the question , did you make any request
of the w a itress behind the counter for any se rv ice ?
A How could 1?
Q Did you?
A 1 d id n 't even know what was on the menu.
THE COURT* Just answer h is question .
_ J L Mr. BurtSc Did you or did you not make any
request for any s e rv ic e , ask the w a itress behind the counter,
did you or did you not ask for any se rv ice ?
A I d id n 't have an opportunity to read the menu.
Shields - cross 158
THE COURTt Answer the question and then you
can explain It any way you want to a fte r you answer
the question.
A The W ltnesst No, because I d id n 't have time to
read the menu.
------& Hr. gurti And you a l l were to ld that the lanes
were f u l l o r they were reserved?
A We were to ld that the lanes were closed to u s .
Q Was there anything sa id about the lanes being
f u l l or being reserved?
A No.
Q Well now, you answeered - you signed some answers
to some in te rro g ato ries that we served on your counsel?
A T h at's r ig h t .
Q There's your signature (exhlblng document)?
A That c e r ta in ly I s .
Q And read your answer, read paragraph 2, i f you
w i l l ?
A At the time that I answered th a t, that was the
co rrect answer.
Q Read it f i r s t and then explain I t ; you read your
read f i r s t about what happened, which Is paragraph 2; read
It out loud?
A (Reading): "P la in t I f f , along w ith f iv e other Negro
co lleg e students sought to use the fo a lin g f a c i l i t i e s at
Shields - cross 159
Midtown Lanes. Defendant. Howard Hendley, refused to serve
them, sta t in g that the lanes were reserved for a woman's
c lu b ."
Q Is that r ig h t? You signed th is statement?
A I c d rta ln ly d id .
Q He to ld you th is * Mr. Hendly to ld you th is ?
A He to ld me th a t. At the time that I signed that
statem ent. It was co rre ct; I thought It was co rre c t , but
I had apparently forgotten.
Q Go ahead? When did you sign the statement? W ill
you show us the date here?
A T h at's 26th.
Q Of when?
A 26th o f Ju ly .
Q Of th is year?
A T h at's r ig h t .
Q And you never asked fo r any se rv ice from anybody
except the Defendant. Mr. Hendly. over here; Is that r ig h t?
He's the on ly one that you spoke to?
A 1 talked to the other guy. the re c e p t io n is t .
Q 1 mean, a fte r Mr. Hendly came up. he was the only
one that you conversed w ith u n t il you le f t ?
A T h at's r ig h t .
Q And did you observe the lan es, who was bowling,
whether It was la d le s ' night or men's night or mixed?
Shields • cross 160
A I glanced around but I d id n 't n o tice .
Q You d id n 't take any p a rt ic u la r o b se rv a n t o f the
lanes?
A No.
Q I b e lieve th a t's a l l .
THE COURT: A ll r ig h t , you may go down.
W e'll take a break at th is time u n t il 2 o 'c lo c k .
LUNCH RECESS: 12:30 PM to 2:00 PM - 10-29-65
THE COURT: A ll r ig h t y who do you have next,
Mr. King?
MR.KING: I f Your Honor p le a ses , I would
lik e to Introduce Into evidence, i f I may - - I would
l ik e to o ffe r Into evidence. Your Honor, what has
been Id en tif ie d as P-1 and P-2 through P-5.
THE COURT: Any o b jectio n?
MR. BURT: Your Honor p lease , we would lik e to
interpose ob jection to PLAINTIFF'S EXHIBITS 1 and 2,
w ith reference to the "Welcome Nobles" s ig n , which was
put on ju s t re ce n tly , as being an event subsequent to
the f i l in g o f the s u it and, th erefo re , we contend would
be Irre le v a n t to the Issue before the Court.
THE COURT: W ell, i t doesn't re la te to the b asic
events such as the others that w e're ta lk in g about but
i t re la te s sim ply to the general nature o f the business
conducted; so , I o verru le the ob jection to th a t.
Humber - direct 161
MR.KINGs I f Your Honor p le a se s , the P la in t i f f s
re s t .
THE COURTs A ll r ig h t , proceed for the Defendants.
MR. RENTZs C a ll Mr. Humber, p lease .
MR. W. M. HUMBER
w itness ca lle d by the Defendants,
being duly sworn, t e s t if ie d on
DIRECT EXAMINATION
BY MR. RENTZs
Q Your name Is Mr. W illiam Humber?
A That*s r ig h t .
Q Your occupation, s i r ?
A United S tates Deputy Marshal for the Middle D is t r ic t
Georgia, stationed at Albany.
Q Do you liv e In Albany?
A Yes s i r , l iv e In Albany.
Q Mr. Humber, do you bowl?
A 1 do.
Q How often do you bowl?
A T h is year I'm bowling In two leagues, Wednesday
night and Thursday night leagues.
Q H r. Humber, do you have any independent re co lle c t io n
o f Thursday evening, May 20, o f th is year, where you were
and what you were doing?
A I do.
Humber - direct 162
Q Where were you that evening?
A Midtown Bowling ALanes.
Q What were you doing?
A Bowling.
Q You and your league, regular league, were bowling
that evening?
A Regular league bowling, started at 9 o 'c lo c k ,
9*00 P. M.
Q Old you observe any o f these P la in t i f f s come Into
the bowling a l le y that evening?
A I do not recognize them as such.
Q Old you observe any colored people come Into the
bowling a l le y that evening?
A I d id .
Q How long were they in there?
A Just a few moments.
Q Just a few minutes?
A A few moments.
Q At the time that they came in , did you observe
whether or not the bowling lanes were f i l l e d to cap ac ity ,
whether there were any vacant? T e ll us what you saw in
that regard?
A Every bowling lane was being used except No. 2k,
Q Now, what do you mean when you say they were being
used?
Humber - direct 163
A Being occupied, leagues were bowling; two d iffe re n t
leagues were bowling that n ig h t; a mixed league sta rtin g
from l through 12, I th in k , and men's league from 13 through
except for the la s t a l le y , No. 2k was broken down.
Q It was what?
A Broke down; No. 2k lane was broke down.
Q Were the lig h ts on In lane No. 2k o r not?
A No, no lig h ts on In No. 2k.
Q How did you know It was broken?
A I went and looked at I t .
Q Oh, you looked at I t ?
A Yes s i r .
Q Hr. Humber, do you know what the beverage counter
there at Hldtown Bowling Lane serves?
A I do.
Q What do they serve?
A Peps loo la , beer, peanuts, cheese cra ck e rs , peanut-
butter c ra ck e rs , cashew nugs, chewing gum, Ice cream, Ice
cream sandwiches.
Q Have you observed sa le s at the beverage counter
w ell enough to know what th e ir p rin c ip a l Item Is ? Of your
own knowledge, do you know what they p r in c ip a lly s e l l
th ere , what th e ir p rin c ip a l Item Is ?
A Beer.
Q Do you know anything about the p o lic y o f the beverage
Humber - dtractf 164
counter attendants w ith respect to serving persons who are
at tab les out In the area o f the beverage counter or out
away from the area o f the beverage oounter?
MR. KING: I f Your Honor p leases , the highest
and best evidence o f what the p o lic y Is of the management
In th is area o f the bowling lanes would be addressed to
the person who operates I t .
MR. RENTZ: I withdraw the question , Your Honor.
______St Have you ever seen any attendant a t the beverage
counter serve any person, any Item of food or drink at any
tab le away from the beverage countgr?
A Not s in ce the A llen fam ily , who I th ink a few
years back leqsed the snack bar from Mr. Glenn N u ll. Mr.
A llen and h is w ife ran it and they gave, had a menu and
you oould be seated at the tab le and be served; but s in ce
the A llens gave up the fran ch ise fo r the snack bar, they've
had one lady employed that you had to go to the counter and
ask for what you wanted; and, I f you wanted to s i t down, you
got It at the oounter and then went and sat at a ta b le .
She d id n 't oome and d e liv e r it to the ta b le ; she d id n 't
come and take your order at the ta b le .
Q Has that been the p ra c t ice that you have observed
during the past year?
A A l i t t l e over a year, s in ce the A llen s le f t , and
th a t 's been o ver, w e ll over a year, or maybe over two years.
Humber - direct 165
Q Now, th is group o f colored people that you observed
at the bowling a l le y , did any o f them go around to the
beverage counter area o f the bowling lanes?
A the Thursday night In May that we bowled, they
did not, no. The 3 or k that came up to the counter did
not go to the snack counter.
Q If they had gone around th ere , would you have
seen them?
A Yes s i r .
Q Old you see them when they came In?
A Only u n t il they got In about a yard from the -
approaching the control desk, as they approached the
control desk they came Into my view because I was approaching
the desk.
Q Did you see Mr. Null at any time that evening,
fir . N u ll, r ig h t here?
A No s i r , I did not.
Q You did not see him anywhere?
A No s i r , not In the b u ild in g .
Q Did you see anybody ta lk with the group o f colored
people who came Intd the bowltng a lle y ?
A I saw them approach the oontrol desk.
Q Who was th at?
A The boys, looked lik e these three back th ere .
Like I say , I wouldn't know them. 1 saw them, th ree, 1
Humber - direct 166
b e lie v e , or four colored boys approach the control desk, as
1 was approaching the desk. I would say I was as fa r as
50 feet from the desk coming that way. As I looked up,
these 3 boys or U boys were going right to the control
desk and Mr. Hendley was behind the desk.
Something was sa id ) I couldn't hear them. Then,
in ju s t a moment or so , lik e I sa id , they were only there
ju s t a moment and they turned and went o u t. I continued
on approaching the desk and stopped and spfke to Mr. Hendly.
Q Now Mr. Humber, are you p o sit iv e that on that
evening when they came in there a i l the lanes were f i l l e d
except one and i t was broken down?
A A bso lutely .
Q What were they doing out there on that Thursday
evening and on other Thursday evenings, I f you know, that
would f i l l the bowling a l le y to capacity?
A The two leagues that meet out there on Thursdays
during the tegular season; not the summer leagues, I'm not
speaking o f that but the regular season leagues.
Q A ll r ig h t s i r , and th is was regular season?
A T h is was regular season.
MR. RENTZ: T h at's a l l . Your Honor.
CROSS EXAMINATION
BY MR. KING*
Q You re -a ffirm that you're ab so lu te ly sure about
Humber - d ire c t
cross 167
everything that you've t e s t if ie d about?
A Yes s i r , I sure am.
Q What is the b asis o f your re c o lle c t io n o f what
happened on Thursday ?
A What is the b asis o f i t ?
Q Yes, that is May 20, I b e lie v e , is n 't that the
date that you t e s t if ie d to?
A Attorney King, I 'v e been Deputy Marshal here for a
long time and I'v e been here In Federal Court a long time;
and the f i r s t Impression I got was that these fo lk s had come
there to bowl; and I made the remark, I asked Mr. Hendley,
"What did you t e l l them when they came here to bowl?" He
to ld me when I came up there what they came fo r . He said
" I to ld them I was f i l l e d up." That was Ju st a moment a fte r
these fo lks had le f t . He sa id "I'm f i l l e d up"; and I sa id
to m yself, I sa id to m yself and to Mr. Hendly, I sa id "W ell,
Mr. Hendly", I sa id " I can t e s t i f y that every one of these
lanes are f i l l e d up because I can see them, we've got the
te le -sco re s that are projected from here at the desk pro
jected up over the a !le y s ;a n d these things lig h t up, and
every one of them was lig h t up except No. 24. I sa id 'V e i l ,
w hat's wrong w ith 24?" He said "24 broke down on u s ."
I walked down to 24 and looked m yself and the sweeper was
down on the a l le y that sweeps the p ins o ff a f te r you r o l l
the b a lls and w hat's le f t , the sweeper comes down and sweeps
Humber - cross 168
them o f f . It was laying down on the a l le y .
Q Then, the b asis for It was that you were out at
Midtown and when you saw some Negroes coming, you went over
to the control desk?
A I was approaching the desk before I even saw them
coming. I o n ly saw them Ju st momentarily as they came from
fcehlnd the d isp la y room and going Into Mr. N u ll's o f f ic e ,
as they came Into view, that put them Ju st about a yard or
so from the oontrol desk. It so happened that I had Just
fin ish ed bowling and was coming towards the control desk
m ysel-f when they approached.
Q You were leaving?
A No, I was coming to the contro l desk from down
towards No. 1 lane as you come up.
Q I see ; so , that Is the b asis upon which you are
ab so lu te ly ce rta in that It was on May 20, 1965 that th is
happened?
A Yes s i r .
Q You d id n 't make any w ritten note o f the date o f I t ?
A No, I d id n 't make any w ritte n note o f the date.
Q And you made no recordation whatsoever?
A I did not make any record of the d ate , In w ritin g
or w ritin g It on calendar as such; I did not.
Q Or on anything e ls e , Is n 't that true?
A No, r ig h t .
Humber - cross 169
Q Now, do you remember what you bowled that right?
A No, I do not remember what I bowled.
Q But you are sure that you remember th is n ig ht?
A You*re asking me the d iffe re n t scores I bowled In
the three games that we bowled during league, Is that what
you're asking me, what I bowled, what my scores were that
nig ht?
Q R ight?
A No, I do not.
Q But you do remember seeing - how did you put I t ,
three Negroes o r*?
A Three colored boys o r four. 1 don't know -
Q You don't know whether I t was 3 or 4?
A It happened so q u ick ly , so q u ick ly and they were
gone, no trouble o r anything; they went to the counter and
tiey Ju st turned rig h t around and went r ig h t s tra ig h t back
outthe door.
Q And yet, th is scene alone made s u f f ic ie n t ly In d e lib le
Impression on you *
A It d id .
Q - that you would walk up to the man and t e l l him
that " I w i l l t e s t if y " ?
A That came a l i t t l e b it la t e r , Hr. King.
Q W ell, when did It come up?
A As I walked up to the dbsk, Hr. Headley and m yself
Humber - cross 170
were ta lk in g and I th ink he referred that we Just had to
turn some away that wanted to bowl, some colored boys; and a
word o r two was sa id , and he to ld me that he to ld then he
was f i l l e d up. And I sa id "W ell, I can vouch for th a t" ,
something l ik e th a t, maybe not " te s t ify " but " I can vouch
fo r that because I can see from the te le sco re s that every
one was f i l l e d up except No. 24."
Q W ell, what made you b e lieve that you were going to
have to vouch for anything, I f th is wasn't so unusual?
A W ell, I had a fe e lin g In my own mind that th is
was another te s t case or som ethinglike th a t, thatves being
bro ught on In Albany, Georgia.
Q W e ll, why did you fe e l I t was a te s t case?
A W ell, I must have f e l t r ig h t .
Q W ell, why did you fee l i t was a te st case?
A From experience as a Government o f f ic ia l here In
Albany, Georgia.
Q Have you seen Negroes here before?
A Sure.
Q You have seen Negroes there before?
A Oh, th ere , a t the bowling a lle y ?
Q Yes?
A During the men's tournament In Albany, Georgia,
Bowling Tournament.
Q Aside from that?
Humber - cross 171
A What?
Q Aside from th at?
A C ity Championship Tournament, because I bowled In I t .
Q Aside from the Tournament, you've seen Negroes there
before, haven'tyou?
A No, never.
Q You haven't?q
A Never, no.
Q As a matter o f fa c t •
T h is is the f i r s t time that I 'v e seen any that came to
bowl at HIdtown.
Q W ell, have you seen them do anything e lse ?
A Except employees.
Q Except what ?
A Employees.
Q Employees, I see . Now, what was the date o f the
tournament that you sa id you saw some in?
A 1 d o n 't remember what that date was. I be lieve
It was the la t te r part o f A p ril or something. I know I was
In I t ; I bowled In the s in g le s , the doubles and team bowling.
Q Had you bowled in any tournament where Negroes
bowled before?
A Yes, before but not In the United S ta te s .
Q Not In the United S ta tes?
A No.
Humber - cross 172
Q But that was the f i r s t time that you bowled In a
tournament In the United States where Negroes bowled?
A But i t d id n 't a ffed t me.
Q I d id n 't say that I t affected you; you are being
se n s it iv e ?
A W e ll, I say I bowled in It and It was p e rfe c t ly
a l l r ig h t w ith me.
Q But I t Is your testimony that you can 't remember
when you bowled?
A No, not In that tournament. I forgot what that
date was, that tournament date was.
MR. RENTZ: Your Honor, whether Mr. Humber has
bowled against Negroes In th is Couuntry or out o f th is
Country on some other occasion that doesn't re fe r to
th is Midtown Lanes, 1 don't th ink that has any bearing
In th is case .
_____ Q Mr. King: So, you say you d id n 't see Mr. Null
on th is p a rt ic u la r occasion?
A No, I d id n 't . I saw h is w ife , Mrs. N u ll.
Q And you were so Interested that you walked over
to examine lane 24, Is that tru e?
A T h at's r ig h t .
Q A ll w ith the idea of vouching, as you sa y , now?
A To su b stan tiate what Mr. Handley had sa id .
Q Oh, I see , to substantlatewhat Mr, Handley had sa id ?
Humber - cross 173
A Whet Nr. Hendly had to ld the boys that came there
to bowl. I wanted to see fo r m yself I f he was te l l in g the
tru th and I observed.
Q You had been accustomed to Mr. Hendly not t e l l in g
the tru th ?
A Oh, no; I don't mean to Insinuate that at a l l .
Some people are mistaken sometimes.
Q Oo you suspect him as being Inaccurate most o f the
t!me?q
A I haven*thad any o ccasio n .
Q But on th is occaston -
A I don't know why I did I t ; I Ju st did I t .
Q W ell, you have t e s t if ie d - d id n 't you t e s t i f y as
to why you did I t , because you to ld him that you would be
In a po sitio n to t e s t if y ?
A Oh su re , a fte r I went there and saw the lanes were
a l l f i l l e d up; su re , I to ld him. I sa id "W ell, I can vouch
fo r th is" or something o f that nature.
Q Do you bowl anywhere e ls e In the C ity ?
A Do I bowl anywhere e ls e ?
Q Yes?
A Oh yes, I bowl a t Albany Lanes but not In league
th is year. I bowled In three leagues la s t year. I'm only
bowling In two th is year.
Q And what are those two leagues?
Humber - cross \7k
A Wednesday nfght%, Men's League, Men's Commercial
League and Midtown Mixed League on Thursday n ig h ts.
Q Midtown?
A Midtown Mixed League on Thursdays.
Q When did you drop your membership In the league
over a t Albany?
A We were bowling on Frid ay night mixed league at
Albany and I t began to In te rfe re w ith my high school foot
b a ll games on Frid ay night) so 1 gave up that league.
Q W ell, Is n 't !t r e a l ly true that you r e a l ly stopped
bowling there because they Integrated the f a c i l i t i e s over
there?
A Of course, not.
t lo n . That doesn't have anyth Ing to do w ith th is case .
A The W Itnesst I q u it , Tour Honor, before they ever
In te g ra te d the bowling a lle y s over th ere .
Midtown Bowling Lanes p r in c ip a lly beer; Is that what you sa id ?
A Beer and Peps I-Co la .
Q How do you know th at?
A Because I frequent the p lace q u ite re g u la r ly .
Q That I s , you go how many times a week?
A Oh, 1 bowl tw ice a week over there now but I go
MR. RENTZ: Your Honor, I o b ject to that ques
there a tot o f n ights as pastime and I watch. I enjoy I t and
Humber - cross 175
I enjoy the oompetIt Ion.
Q You go there and you watch people bowl?
A Yes, league p lay ; I l ik e league p lay com petition.
I don't care about bowling a game by myself Ju st for fun.
I l ik e to bowl !n com petition.
Q Have you seen any Negroes come over since th is
p a rt ic u la r occasion?
A No s i r .
Q You have not?
A No.
Q Have you seen any o f them come over there as
sp ecta to rs7
#
A No.
Q So, the only occasion you know about Is the 20th
o f Hay, Is that oorrect?
A T h at's r ig h t .
Q At or about th is p a rt ic u la r time?
A L i t t l e a fte r 9 o 'c lo ck because our league started
bowling at 9 o 'c lo ck the Men's League started at 8 :3 0 , which
pick up the lanes a t the fa r end o f the bowling a l le y . They
started a h a lf an hour before our league s ta rte d .
Q Now, you said a moment ago that you were fa m ilia r
w ith how the lunch counter was runt Is that true?
A Been fa m ilia r w ith I t s in ce before Mr. Glen Null
from Centennial Bowling Lanes up there and bought out Midtown.
Humber • cross 176
Q Is that r ig h t7 And you sa id that somebody e lse
ran It or rented I t ?
A I t ' s had numerous people In there In that snack
counter, that have managed It at d iffe re n t tim es. Nobody
seemed to stay verylong.
Q Is n 't I t true that s in ce A p ril o f th is year that
there were food Items, In terms o f bacon and eggs sold In
tiat f a c i l i t y ?
A H r. King, It could be so around A p r il . When they
q u it s e l l in g bacon and eggs and hamburgers, I don't know
but I t ' s been q u ite a w h ile ; Ju st when the date was, I don't
know.
Q Give me the names o f three people who have run that
a t various tim es?
A A ll r ig h t . Hr. and H rs. A lle n , and Hr. and H rs.
F lo F re d e rick . I don't know the lad y's name, a German lady
that l iv e s down at Putney, Georgia, ran It for a w h ile .
I can 't re c a ll her name. She's now employed as the hostess
o f the HexIcan Restaurant at the A irp o rt. And In between
times when these people would leave, the Null fam ily would
have to run I t themselves u n t il they could find someone e lse
to lease It o u t. But the Fred erick fam ily , the A llen fam ily
2nd le t ' s see , I knew some more.
Q What was the most recent fam ily that ran I t ?
A Fam ily?
Q Yes?
A The Fred erick fam ily .
Q And when was that?
A L a st , during the season sometime la s t w in te r,
during our regular w inter season lik e t h is , la s t year.
Q Do you know where they IIv e ?
A Do I know where they l iv e ?
Q Yes?
A Sure, I know where they l iv e .
Q Where do they 1Ive?
A They liv e in Albany but now what s tre e t they l iv e
on or what th e ir home address or house number, I don't know
th at; but they l iv e In Albany. They can be gotten in touch
w ith mighty easy.
Q Do you knew what church they belong to?
A What church they belong to?
Q Yes?
A Hr. F red erick Is employed by the Linen , National
Linen Company here.
Q I d id n 't ask you th a t, s i r ?
A I can te llyo u that but I don't know what church
they belong to .
Q Give me another fa m ily 's name, the one before th at,
or any other person for that m atter, that I s , the one
Immeddlately behind the Fred erick fam ily?
Humber - cross
Humber - cross 178
A Maybe the one behind the Fred erick fam ily was th is
German g i r l , could be; she ran i t a w hile h e r s e lf .
■ • ■ . • V*-' ' • '*..Q What was her name?
A I don't know her name. I know I t , I 'v e been to ld
what it was but I can 't t e l l you now what it was.
Q W ell, t e l l me t h is , s i n How are you ab le to
ab so lu te ly ind icate to th is Court whether or not somebody
leased It from the Defendant Null or not? You were ab so lu te ly
sure about a l l o f t h is , you sa id ?
A W ell, in conversations w ith Fred F re d e rick , F lo
F re d e ric k 's husband, about the snack counter and how it was
going and he and h is w ife were there try ing to make a go
o f I t ; he had been kicked out o f Turner F ie ld on a medical
discharge o f some so rt , h is back or something, I'v e forgot
what I t was, and they were out there try ing to supplement h is
retirem ent income.
Q W e ll, you don't know a l l o f th is ?
A Yes, I know th is from conversation, In ta lk in g with
them.
Q W ell, you s t i l l don'tknow I t ? Dldn'tyou t e s t i f y -
A Well you're r ig h t .
Q - when I asked you on cross examination that you
were ab so lu te ly sure about a l l o f th is you t e s t if ie d about -
A I am su re ; I fee l sure about I t .
Q But you don't know I t ?
Humber - cross 179
A I'm s a t is f ie d that I know I t .
Q W e ll, you can answer the question; you don't knew It ?
HR. BURTi Don't know what? Your Honor p lease ,
he 's talked about so many th ing s.
THE COURT: I th ink I t ' s c le a r , Hr. King,
what the s itu a tio n i s . He's basing what he says about
th e ir operation on conversations w ith them. T h at's
c le a r .
Q Hr. King: Is what the Judge sa id accurate?
A Yes s i r . What you hear, people d iscu ssin g things
w ith you, I t ' s know ledge,general knowledge, and th a t 's the
way things were th ere , as I understood them to be; and so,
I stand on th a t.
Q Now, c e r ta in ly as U. S . Marshal you a ren 't that
g u ll ib le to b e lieve that what people t e l l you Is n e c e ssa r ily
true?
THE COURT: Don't argue w ith him, H r. King; Just
ask him q u estio n s. I thIrk I t ' s c le a r what the s itu a tio n
I s . He's te s t ify in g to the best o f h is Information and
th a t 's a l l he can do.
Q Hr. Kino: Now, I b e lieve you fu rth er t e s t if ie d
that you saw some - did you say "colored men" o r "colored
••
boys - I want to be su re ; you know you sa id you were abso
lu te ly sure?
A They came In and they w eren't dressed In s u it s , as
Humber - cross 180
I r e c o lle c t . They came In , In sw eaters, you know.
Q Sweaters In the spring o f the year?
A As I r e c a ll I t , It was May.
Q In May and May gets p re tty warm down here, doesn't I t ?
A T h at's r ig h ts . But s la ck s and s h ir t or something
but d id n 't have on dress-coat or t ie or something lik e th a t .
They looked lik e they came dressed fo r bowling.
Q Now, going back, Mr. Humber, you were bowling out
there at the time that the G eorg la-Flor Ida trave lin g league
was In vogue?
A No, I never did bowl* In the trave lin g league.
1 was asked to jo in It but I d idn't jo in I t .
Q And th is was the league that made the rounds o f
the bowling a lle y s between Georgia and F lo r id a , Is that co rrect?
A One time would be a host maybedone week end; I th ink
they bowled on maybe Sundays In the trave lin g league and
another c i t y would be host the next weekfl and these towns
would a l l p a rt ic ip a te but I never did jo ln n th at league.
Q But I t was In a rad ius running roughly from
T a llah assee around perim eter o f 90 to 100 m ile s , Is that
ao rrect?
A The only two towns that 1 remember that I know o f
that vas In that Idague was Macon and Columbus, Georgia -
no, Amerlcus too; th a t 's r ig h t , Amerlcus was In I t .
Q But you are c e r ta in ly aware o f the fa c t that they
Humber - cross 181
wouldn't c e l l I t "Georg Ia -F lo r Ida League" w ith ju s t those
towns, a re n 't you?
A I would th ink that Ta llah assee would have been In
I t but I don't know.
Q You wouldn't deny that It was?
A Oh, no; o f course, not.
Q As amatter o f f a c t , even now, In the league that
you're In out at Midtown, there are houses down at Parkway
that you bowl In , don't you, Parkway Lanes In Ta llbhassee?
A I d U i't understand the question .
Q I sa id , as a part o f the league, you ind icate to
me, I b e lie v e , that there are two leagues to which you belong
at Midtown?
A Yes.
Q Is that true?
A And we do a l l o f our bowling at that establishm ent.
Q Do a l l o f your bowling there?
A Yes s i r .
Q There Is no bowling that -
A We don't trave l In these leagues, the regular
leagues.
Q You sa id that a l l o f your bowling Is done out there
a t Midtown In terms o f two leagues to which you belong?
A Yes s i r , no other p lace .
Q But that was not the s itu a tio n w ith the Georgia-
Humber • cross 62
F lo rid a league?
A W e ll, tike I say , I wasn't a member o f that but
that was a trave lin g league.
Q T h at's rig h t and, o f course, Hidtown was a part
o f that league?
A T h at's r ig h t , they were members.
Q R ight, and they would in th e ir schedule -
A My understanding o f the trave lin g league was, th is
group would meeting on Sunday afternoon and go to these
d iffe re n t towns and one c it y would be the host one week and
one another) and they had pre-arranged schedule) It was a l l
se t up, the a lle y s were reserved for them) and when they
arrived th ere , they started to bowling, and they had p r iz e s .
You putup money and you'd win p r iz e s . The Winning team would
cash money or something.
Q And there was a lso a team that represented Midtown,
I s n 't that r ig h t?
A T h at's r ig h t .
Q As a matter o f f a c t , you know where Parkway Lanes
a re , don't you?
A Oh no, never been to T a llah assee Bowling Lanes
in my l i f e ) wouldn't even know what section of the town I t ' s
in , whether i t ' s out south, east or w est.
Q Have you ever been a spectator at any o f the
G eorgia-Flor(da co ntests?
Humber - cross- redirect 183
A Only a t Mldtown Lanes.
Q At Midtown? I mean you've seen Parkway bowling
rep resen tatives In that league, haven't you?
A Since you mentioned I t , I have not.
MR. KING: He's w ith you.
REDIRECT EXAMINATION
BY MR. RENTZ:
Q Mr. Humber, th is tra v e lin g league that Attorney
King mentioned, when was that league in ex istence} do you
r e c a l1?
A At le a st 2 to 2$ years ago. It might be continued
r ig h t now but I'm not aware o f I t , o f I t s ex isten ce now. But
when I knew of I t , It was 2 to 2 i years ago. d
Q Mr. Humber, In bowling out there a t Midtown, you
say you've bowled there for a long time, do you run Into
many in te rs ta te tra v e le rs out there bowling?
A W e ll, I'm more or le ss a league bowler and the people
I bowl w ith are lo c a l, representIng d iffe re n t f irm s, bowling
fo r d iffe re n t firm s, d iffe re n t businesses} and we have a set
schedule} and I t ' s the same group more or le ss over and over
every week that we bowl again but we bowl against d iffe re n t
teams.
QThese are lo ca l people?
A Last night we bowled w ith Aultman Motor Company}
the week before that we bowled w ith M otorcyicle p lace out
Humber - redirect 184
here on Slappey D rive , Conder M otorcycles.
Q A ll r ig h t s i r , one other question : Have you
ever been out there on any occasion other than the occasion -
w e're ta lk in g about e a r l ie r when these colored people came
out there to bowl - In which the lanes were f i l l e d and
Caucasians, w hite people, were turned away because the
lanes were f u l17
A W e ll, during the w in ter season, th a t 's our big
bowling season, and the lanes are f i l l e d up, I th in k , every
night from Monday through F r id a y , every lane. He t r ie s to
book every lane for league p lay from Monday through FrId ay j
and open bowling on Saturday n ights and fo r Inducement for
bowling, he g ives away p r iz e s , he gave away a te le v is io n set
two weeks ago on a Sunday, to stim ulate bowling on Sunday
evenIng.
Q Do you remmber any white people having been
turned away?
A I'm so rry . Yes. With that s itu a tio n w ith f iv e
nights o f league p lay and a l l o f the lanes occupied, a t the
times I'm th ere , I'm there bowling In league p lay and th a t's
the time a l l the lanes are occupied) and I'v e seen many fo lk s
come th ere ; I 'v e seen fo lk s , fr ien d s o f mine, d rive from
Amerlcus down there wanting to bowl and walk up there w ith
th e ir bowling shoes and bowling bag In th e ir hands, brought
I t out o f the c a r , and set lit down at the counter; and they
Humber - redirect • recross 185
say "I'm so rry but we've got league p lay ton ight, a l l o f the
lanes are occupied} you can 't bowl".
MR. RENTZ: T h at's a l l , Your Honor.
RECROSS EXAMINATION
BY MR. KING:
Q Is n 't I t true that on the week-end they have open
bowling?
A Saturday Is open bowling, yes. Sunday, they have
stim ulation type o f contests and p rize s that they give away to
stim ulate bowling on Sunday n ig h t. No leagues that I know o f
on Saturday or Sunday except maybe I f th is tra v e lin g league
oomes In on Sunday afternoon, I f I t ' s s t i l l In ex isten ce ,
I don't know; they might bowl Sunday afternoon,the tra v e lin g
league.
Q I ask you as a bowler who has bowled In th is area
rather long, do you know Mr. John Meeks?
A Do I know Wr. John Meeks?
Q R ight*?
A I'm thinking about Meeks E le c t r ic Company; I know
two of those,
Q No, th a t 's not the one.
MR, RENTZ; Your Honor, is the relevancy o f
t th is question going to be demonstrated?
A The W itness: To answer your question rig h t now,
I don't know.
Humber - cross 186
HR. RENTZ: Excuse me. I Ju st wonder about
the relevancy o f that question , Your Honor; I don't
know that I t has any relevancy.
THE COURT1 I don't e ith e r but apparently Mr.
Humber does not re c a ll anybody by that name.
Hr. Kino: Or Bert S ch rlver?
I'v e heard that name. He doesn't bowl In my league.
Have you ever seen him bowl out there?
Could have.
You Ju st don't remember?
I don't re c o lle c t him.
Rex K irby?
Rex K irby? I don't re c a ll that name.
E l l r ig h t , you may go down, Mr. Humber.
C a ll Mrs. Reber.
Just a moment! Mr. Humber, there
A
Q
A
Q
A
Q
A
THE COURT*
MR. RENTZs
MR. KING*
Is one o th er question I wanted to ask you, p lease .
J i Mr. King* When you say open bowling on Saturday
and Sunday, don't you meanthat anybody who wants to bowl and
who comes Is perm itted. I f there Is a bowling lane a v a ila b le ;
th e y 're permitted to bowl?
A T h at's r ig h t .
Q And th a t 's what you mean by open bowling?
A Where the lanes are not tied up or reserved; th a t 's
what 1 mean by th a t.
Humber - cross 187
Q And, o f course, you don't claim In your testimony
to know who are people from where who present themselves on
Saturday and Sunday; Is that co rre ct?
A No.
Q You're shaking your head "no"?
A I do no t, no. I sa id no, I do not know where they
come from.
THE COURT: You may go down.
m ». m m ,reber
ca lle d as w itness by the Defendants,
being duly sworn, t e s t if ie d on
DIRECT EXAMINATION
BY MR. RENTZ:
Q A ll r ig h t , Mrs. Reber, w i l l you speak up as best
you can so that the Judge and the gentleman there wi th the
shorthand can hear you a l l r ig h t?
A Yes s i r .
Q W i l l you s ta te your name for the record , p lease ma'm?
A Lorene Reber.
Q And where do you l i v e , Mrs. Reber?
A 1225 Lfnooln Avenue.
Q In Albany?
A Yes s i r .
Q Mrs. Reber, where are you employed?
A At Midtown Bowling Lanes.
Mrs. Reber - d ire c t
Q How long have you been employed a t Midtown?
A Oh.
ever s in ce 1959.
THE COURT: Wi l l you speak a l i t t l e louddr.
Mrs. Reber?
A The W itness: S ince *59.
__ — Q Mr., Rentz: Were you there before Mr. Null
assumed the management o f the Midtown Lanes?
A Yes s i r .
Q What are your d uties a t the Midtown Lanes. Mrs.
Reber?
A I work a t the beverage counter.
Q Now. how long have you worked at the beverage
counter?
A Since 1961, 1 b e lieve .
Q During a l l o f the time that Mr. Null has been
In charge o f the bowling a l l e y ?
A Yes s i r .
Q What hours do you work, Mrs. Reber?
A From 6 o 'c lo c k u n t i l the leagues are over at n ig h t.
MR. KING: From 6:00 unt i l when?
The W itness: Unt i l the leagues are over at n ight .
_______ Q H r. Rentz: 6:00 P. M.?
A Yes s i r .
Q And approximately what time are the leagues over
at night?
Ibv
Mrs. Reber - d ire c t 189
A Around 10x30 to 11x30.
Q And what do you do when the leagues are over?
A I c lo se up and go home.
Q How, what days do you norm ally work, Mrs. Reber?
A Every day un less I want a day o f f and I can take
any day o ff that I want o f f .
Q Do you know who attends the beverage counter when
you're not there?
A Mr. Null or hts w ife .
Q Mrs. Reber, were you attending the beverage counter
at the Midtown Lanes on A pril 25 o f th is year?
A Yes s i r .
Q Was that a Sunday evening?
A Yes s i r .
Q On that day did you n o tice any colored people
at a l l In the establishm ent anywhere?
A Thera were some came In and they went to the control
counter.
Q Noe, where ts the control counter, Mrs. Reber?
A lt * s when you walk In the front door, you approach I t .
Q You walk In facing the control counter?
A Yes s i r .
Q And th a t's the counter that manipulates the bowling
pins and the lanes?
A R ight.
Mrs. Reber - direJet 190
Q A ll r ig h t , now where Is the beverage counter In
re la t io n to the oontrol counter?
A I t ' s about the d istan ce from here to the tab le
over there (p o in tin g ).
Q Which tab le?
A The second ta b le .
Q From th is tab le here ( In d ic a t in g )?
A Yes s i r .
Q And you turn to your rig h t to go Into the area o f
the beverage counter?
A Yes s i r .
BY THE COURT*
Q In other words, that won't look very p rec ise In
the record - In other words, what Is I t , about 20 fe e t ,
something lik e th at?
A Yes s i r .
BY HR. REKTZ*
Q Old any o f these colored people, who you say were
there on A p ril 25 o f th is year at the control counter, did
they present themselves for se rv ice a t the beverage counter?
A No s i r .
Q Did they present themselves for se rv ice at any
o f the tab les In the area o f the beverage counter?
A No s i r .
Q Did they s i t down at any tab le In the bowling a l le y
that evening?
Mrs. Reber - direct 191
A No s i r .
Q Are you p o s it iv e o f th a t, H rs. Reber?
A Yes, I an.
Q What e x a ctly d id they do then?
A They conversed w ith H r. Hendley and then they turned
and le f t .
Q How long were they in th ere , would you say , H rs.
Reber ?
A Just a matter o f m inutes, minutes.
Q Just a few minutes?
A Yes.
Q Do you recognize any o f these s it t in g at th is
tab le as being in that group o r dtd they get c lo se enough to
you to recognize? ....
A The on ly one 1 recognize would be the th ird one from
the le f t .
Q Now, is that Noble?
A No, t h is one (p o in tin g ).
THE COURT: Let the record ind icate who that I s .
Who Is th at?
HR. ROBERTS: Brodfe.
THE COURT: Brodle; le t the record Ind icate that
she pointed to Brodle.
Hr. Rentz: Now, were you working at the beverage
oounter on Hay 2C o f th is year, H rs. Reber?
Mrs. Rebar - d ire c t 192
A Yes s i r .
Q Old you see any colored people In the establishm ent
on that date?
A Yes s i r .
Q Old any colored persons present themselves a t your
beverage counter for se rv ice ?
A No s I r .
Q Old they present themselves at any tab le In that
area o f the beverage counter for se rv ice ?
A No s i r .
Q Did they ask you fo r se rv ice at any time?
A No s i r .
Q Mrs. Rebar, during the time that you've been
employed as counter attendant at the beverage counter at
Mldtown Lanes, has any colored person ever come over to
your o f f ic e and asked for se rv ice ?
A No s i r .
Q Are you p o s it iv e about th a t, Mrs. Reber?
A Yes s i r , 1 am.
Q Hare they ever - has any colored person ever sat
at any tab le In the area o f the beverage counter and asdked
fo r se rv ice ?
A No s i r .
Q And you're p o s it iv e about that?
A Yes s i r .
Mrs. Reber - d ire c t 193
Q Do you recognize any o f the men s it t in g at th is
tab le as having beden there on the evening o f May 20 of
th is year?
A 1 don't th ink 1 do.
Q How c lo se to the people, to the colored persons
who were In there on May 20 were you, Mrs. Reber?
A The same d istance I was the f i r s t time they were
In th ere .
Q At le a st 20 feet o r more; Is that "yes"?
A Yes.
Q Mrs. Reber, what Items do you serve at the beverage
counter at Midtown Lanes?
A We serve beer, Pep sl-C o la , Orange and Lemonade.
Q Lemonade?
A Yes s i r .
Q And what e ls e ?
A Coffee.
• Salted peanuts?q
A And sa lte d peanuts, and ch eese-crackersz .
Q Do you serve any Items o f food?
A No s i r , I d o n 't.
Q Mrs. Reber, back In A pril and May o f th is year,
did you serve any Items o f food?
A On rare occasions wo d id .
Q Now, what do you mean when you say "ra re o ccasio ns"?
Mrs. Rebar - d ire c t 194
A If somebody maybe wanted a ham sandwich or something
on that o rd er, hamburger.
Q Back In the spring o f th is year, A pril and Hay,
what was your p rin c ip a l Item?
A Beer.
Q How fa r Is Davis Bros. C afe te ria from Hldtown Lanes?
A I'd say I t ' s about a fourth or h a lf o f a m ile .
Q Right down the s t r e e t , Is n 't I t ?
A Yes.
HR. KING: If Your Honor p le a se s , I ob ject to
th is l in e o f leading w itn ess, leading q uestio ns. The
w itness t e s t if ie d to the facdt that It was about a
quarter o f a m ile and he sa id " r ig h t down the s t re e t ,
| Is n 't It?"
THE COURT: W ell, I don't th ink I'd be Influenced
by th a t. I f she says I t ' s quarter to h a lf a m ile , I
don't th ink 1 would be Influenced by that obseervatIon .
You sa id Davis Bros. C a fe te r ia , Davis Bros. C a fe te ria ?
Q H r. Rentz: Excuse me, Your Honor: I meant
Davis Bros. Restaurant! Is that what you were ta lk in g about
when you sa id th at?
'i . f ; *" ? ■ * ; / V . / * " £ * • ' ' / ■ ' . * j j
A Yes s i r .
Q H rs. Reber, do you know a man by the name o f Wood I e?
A Yes s i r .
Q Do you remamber an occasion that Hr. Woodle or
Woods was out a t the Hldtown Bowling Lanes?
A Yes s i r .
Q Do you remember who was w ith him, I f anybody?
A I don't know I f anybody was w ith him or not.
Q Was there a colored person w ith him «—
HR. KING: I f Your Honor p leases -
THE COURT: q SHe's your w itn ess: don't lead her.
_______ & H r. Rentz: Excuse me. Mrs. Reber, have you
ever refused se rv ice o f coffee or any other Item to th is
man named Woodle and a Negro who was out there at Hldtown?
A I have no t, no.
Q Do you remember an Incident where Woodle was out
th ere and ordered some coffee?
A Yes s i r , I do.
Q Would you Just t e l l the Court what that Incident
was?
A W ell, I t was on Saturday morning -
HR. KING: I f the Court p lease - Ju st a moment,
young lady - the Court has s p e c if ic a l ly indicated that
th is Is h is w itness and he should not lead her; and here
again Is another Instance o f leading the w itness and
try ing to stampedg the evidence that he wants In the
rfco rd .
HR. RENTZ: Your Honor, I hadn't -
THE COURT: I hadn't detected any stampede. He's
Mrs. Reber - d ire c t 9 5
Mrs. Reber - d ire c t 196
The Courtt
asking now, as I understand It - - I b e lieve she
p rev io u sly sa id she knows somebody by the name o f
Woodle - was that h is name?
MR. RENTZ: Woodle, yes s i r .
THE NOW: And now, he 's asking her I f she
remembers an instance when he was out there and she
says yes. I don't consider that leading because he
hasn 't suggested to her what the Incident was or what
happened. He's Ju st asking her I f she remembers an
Instance when he was out th ere , and I don't consider
that leading.
HR. KING: On the co n trary , Your Honor, the
record w i l l show that he says " you remember the
Incident" and she sa id she d id n 't remember him being
w ith anybody In her p rio r testimony: and now he's
Inq u iring , "do you remember when he was out there
w ith a colored fe llo w ".
THE COURT: W e ll, I f th a t 's tru e , then th a t 's
leading; but I did not re c a ll hts having sa id th a t.
MR. KING: The record w i l l show, Your Honor.
MR. RENTZ: Your Honor, the question that I
asked when counsel King Jumped up was to re la te the
Incident.
Si To get the reoord s t ra ig h t , w i l l you p lease sta te
Mrs. Rebar - d ire c t 197
whether or not, Mrs. Reber, you ramember an Incident In which
a man named Woodle was at the Midtown Bowling Lanes In the
presence o f a oolofed person? S tate whether o r not you
remember that Incident?
A I would have to phrase It In my wods.
Q W e ll, you Just t e l l the Court what happened out
there?
A W ell, on Saturday morning ~
MR. KING: What happened when?
Br THE COURT*
Q Let me ask the question* If you remember th is
Ind ividual that you've referred to as Woodle being th ere ,
t e l l us about the In c id en t, I f he was there?
A It was on Saturday morning when the ju n io rs were
bowling and It was the custom to close the snack bar a fte r
the ju n io rs f in ish ed bowling. The Jun iors had fin ish ed bowling,
I had counted my money, was ready to go home; and Mr. Woodle
came over to the snack bar, he ordered a cup o f co ffee . I
went and got him a cup of coffee and ca rried I t to him and s ta r t*
ed back around the counter to go home.
And when I got about half-w ay the counter, he
asked me to bring him another co ffe e , another cup o f coffee*
and when he c a lle d my name, I knew that I had le t the water
out o f the d ra in , I was le tt in g the water out o f the drain* and
he sa id "A ren 't you going to serve me another cup o f coffee?"
Mrs. Reber - d ire c t 198
And I shook my head and ths reason I shook my head there was
not another cup o f coffee In the po ttj It had been drained}
And I did not know who he was ordering the cup o f coffee
for u n t il he sta rted ta lk in g rea l ugly and I looked up.
Q A ll r ig h t , now Mrs. Reber, did you observe, s ta te
whether or not you observed a colored person In the Midtown
Lanes on that occasion?
A There was a colored man over at the contro l counter
but there was not one at the snack bar.
Q Mrs. Reber, do you know whether or not colored
people have ever bowled In Midtown Lanes?
A During the tournament there was some bowling.
Q Are there any other occasions on which colored
pepple have bowled at Midtown?
A No s I r .
Q Mrs. Reber, has Mr. Null ever to ld you that you
would not be allowed to serve colored people at the beverage
counter?
A No s i r , he has not.
MR. KINGt I f Your Honor p lease , he Is again
leading.
Q Mr. Rentzi State whether or n o t, Mrs. Reber,
you a l l frequently serve In te rs ta te tra v e le rs In the Midtown
Lanes?
MR. KING: I f Your Honor p le a ses , I would
Mrs. Reber - d ire c t 199
Mr. King:
submit, f i r s t o f a l l , that there hasn 't been any founda
tion demonstrated that th is young lady, to her knowledge
In contemplation o f th is hearing, can Id en tify who Is
In te rsta te tra v e le r and who Is not; and on the second
ground, I would o b ject to (t as I t ' s leading.
THE COURT: You mean to ask I f she serves
In te rsta te tra v e le rs Is leading?
MR. KING: He d id n 't ask th a t, Your Honor.
THE COURT: He sa id "do you frequently serve
In te rs ta te tra v e le rs" .
MR. KING: In te rsta te t ra v e le r s , r ig h t ; and
It n e c e ssa r ily assumes - "do you frequently serve" -
It Is c e r ta in ly suggestive and I t Is reminding her.
THE COURT: W ell, you can cross-examine her
on how frequently and a l l o f th a t, but I don't consider
the question leading. Go ahead. You might though, to
keep us from wasting tim e, you might see how much she
knows about the Id en tity o f people that she se rv e s,
whether she knows whether they are local people or whether
they are from out o f s ta te , so we won't be wasting time
I f she doesn't know.
Q Mr. Rent2 : Mrs. Reber, w lllyo u sta te whether
or not most o f your customers are local Albany people o r ,
on the other hand, whether they are from out o f the Albany
area?
Mrs. Reber - direct 200
BY THE COURT:
Q W ell, le t ' s q u a lify her better than that before we
get that far* Mrs. Reber, how long have you been there?
A '61.
Q Since *61?
A Yes.
Q Are you f a i r ly w ell acquainted w ith the people
who come to the bowling lanes?
A Yes s i r .
Q And who patronize your counter there or whatever
you c a l l I t ?
A Yes s i r .
Q Are you f a i r ly w e ll acquainted w ith them?
A Yes s i r .
Q Do you know g en era lly - o f course, I'm not speaking
s p e c if ic a l ly o f any one person, I'm ju s t speaking g en era lly -
do you know g en era lly whether they are Albany people or
whether th ey 're from out o f town?
A Yes, I do.
THE COURT: A ll r ig h t , go ahead.
BY MR. RENTZ:
Q And what are they? Where are they from, g en era lly
and p r in c ip a lly ?
A Local people, Albany people.
Q What Is your p ra c tice as an attendant at the bowling
Mrs. Reber - direct 201
lanes w ith respect to whether or not you serve persons at
tab les In the bowling a lle y ?
A No s i r , we do not serve at ta b le s .
Q W ell, what must a person do at Mldtown to order a
Bu dwetser?
A He comes up to the counter to be served.
Q Mrs. Reber, have you recen tly or at any time ever
to ld any customer o f the beverage oounter In Midtown that
you could not serve them any food because I f you did serve
them food you would have to serve colored people?
A No s i r , I'vednever to ld anyone that the reason
we d id n 't serve food was that because I on ly work there;
I d id n 't run I t .
Q Are you ab so lu te ly p o s it iv e , Mrs. Reber?
A I sure am.
Q T hat's a l I .
CROSS EXAMINATION
BYMt. KING:
Q Mrs. Reber, I b e lieve it Is your testimony that
you started working at Midtown back in 196), is that
correct#
A Yes s i r .
Q Under whose managerial or p ro prieto rsh ip was It at
that time?
A Mr. N u ll 's .
Mrs. Reber - cross 202
Q Mr. who?
A N u ll.
Q Mr. N u ll; In other words, you came there w ith Mr.
N u ll?
A Not the day he started managing but I came there
the same year he d id .
Q How long had he been there antecedent to your
a r r iv a l?
A It must have been a couple of months, about three
months, I b e lieve .
Q And you have been there ever s in ce ?
A Yes s i r .
Q Now, there are d uties that you s p e c if ic a l ly have
had at the Midtown Bowling Lanes since you've been th ere ,
Is n 't that true?
A R ight.
Q Who assigns the d u ties that you perform?
A Mr. N u ll.
Q And have those d uties always been the same?
A Yes s i r .
Q Since the day you came there?
A Yes s i r .
Q What were you doing In 1961 when you f i r s t came
there; what were you hired for?
A To work In the beverage counter.
Mrs. Reber - cross
Q To work In the beverage counter?
A R ight.
Q Is that the name of i t ?
A Yes s i r .
Q Who to ld you that was the name o f I t ?
A Mr. Null to ld me.
Q
Mr. Null to ld you that that was the name of i t ?
A Yes.
Q And he to ld you that was the name back In 1961,
Is that rig h t ma'm?
A Yes s i r .
Q And that Is the so le function that you have w ith
Midtown Bowling Lanes; that I s , working at the beverage
counter?
A Right.
Q What time do you come to work?
A 6 o 'c lo ck In the afternoon unless th e re 's some
sp e c ia l occasion going on In the daytime to where they
need me.
Q Now, In the beverage counter, you have a long
counter, Is that co rrect?
A Right.
Q And there are sto o ls that go up to that counter,
Is n 't that true?
A R ight.
Mrs. Reber - cross 204
Q How many sto o ls are there?
A I never co unted them.
Q And yet you've worked there since 1961?
A R ight.
Q Would you Ind icate to me how many tab les you have
in that area?
A I don't waft on the tab les and I don't know th at.
Q Now, which question are you going to answer?
Do you know how many tab les there are In there aside from
the beverage counter?
A I could count them and t e l l you but ju s t off-hand
I can 't t e l l you.
Q W e ll, can youcount them in your own mind
and te l 1 me now?
A 3 - 4 - four ta b les and about 7 or 8 s to o ls .
Q 7 or 8 s to o ls?
A R ight.
Q And, of course, they are 4-sided ta b le s , is that
r ig h t?
A Yes s i r .
Q And there are c h a ir s , four ch a irs at each o f the
ta b le s , is that r ig h t? Is n 't that true?
A Yes.
Q And you have operated that by yo u rse lf s in ce 1961?
A Yes s i r .
Mrs. Reber - cross 20S
Q Now, do you have a p lace in Mtdtown Bowling
Lanes where people change th e ir c lo thes and that sort o f
th ing?
A S i r , I don't - I can 't answer that question because
i don't bowl and i don't work on the lan es.
Q You don't know anything about any other parts o f i t ?
A No s i r , I don 't.
Q You only know about the food aspect o f I t , is
that co rrect?
A I don't know anything about the food; I know
about the beverage.
Q W ell, In other words, there Is no other f a c i l i t y
In there for serving beverages, that Is other beverages or
food; is that r ig h t?
A T h ere 's f a c i l i t i e s for the beverages, yes.
Q But I say , asid e from the one that you were
assigned the duty of operating, there Is no other one In
there, Is that r ig h t?
A No.
Q No other one for food?
A No.
Q No other one for any other beverage, is that r ig h t?
A No.
MR. RENTZ: Your Honor, w e 'll s t ip u la te that
th a t 's the only beverage oounter in the bowling lanes.
Mrs. Reber - cross 206
THE COURT: Go ahead.
Q Hr. King; And s in ce 1961 - I Just want to be
sure about th is - you have served nothing but beverages at
that counter; Is that true?
A We serve sa lted peanuts and crackers.
Q Yes; w e l l , I say aside from sa lted peanuts
and crackers and the beverages, th a t 's a l l you serve;
Is that true?
A O ccasio n a lly a hamburger or hot * dog.
Q O ccasio n a lly a hamburger or a hot-dog?
A Yes.
Q Now, what do you mean by "o cca sio n a lly"?
A I f some bowler wanted one.
Q I f some bowler wanted one?
A Yes.
Q So, a l l he has to do Is to come up and le t you
know he wants one, is that I t ? . . . Ma'm?
A Yes, th a t 's a l l he had to do.
Q T h at's r ig h t , he can a lso come up and le t you
know that he wants some bacon and eggs too, Is n 't that true?
A No, we don't serve bacon and eggs.
Q And you've never served any sin ce you've been
there since 1961?
A No.
Q And nobody e lse has to your knowledge?
Mrs. Reber - cross 207
A To my knowledge, no.
Q W e ll, you work there a l l the tim e, don't you?
A Sure I do.
Q And the only time you're o ff Is when it becomes
necessary that you get o ff fo r some good reason; Is that true?
A The beverage counter Is only open up u n t il - doesn't
open up u n t il 6 o 'c lo ck In the afternoon.
Q R ight, and th a t 's when you're there; Is n 't that true?
A Right.
Q And the only way you a ren 't there Is that there
Is some emergency o f some sort that req u ires you being away?
A R ight.
Q And, o f course, then Mr. Null or Mrs. Null takes
o ver, Isn 't that true?
A R ight.
Q And th a q t's been the p o licy s in ce 1961; Is n 't that
true?
A R ight.
Q Now, by " r ig h t" , you mean yes, don't you?
A Yes, 1 do mean "yes".
Q Now, you say that you remember A p ril 25; you're
very p o s it iv e about that date , a ren 't you?
A A pril 25. yes.
Q You remember that very w e ll , don't you?
A Yes.
Mrs. Reber - cross 208
Q Why?
A Because I was questioned about I t , is why.
Q When ?
A A few moments ago.
Q Is that the f i r s t time you were ca lle d upon to
have some re c a ll about that date; Is that the f i r s t time?
A No.
Q Had you talked to the lawyer before? Ha'm?
A I'v e ta lked to them in the room a l i t t l e w hile ago.
Q When? When?
A A few minutes ago.
Q Is that the f i r s t time you've talked to them?
Ma'm?
I)
MR. RENTZ: Judge, I ' l l s t ip u la te w ith counsel
that we have d iscussed th is casd w ith th is w itness on
about 2 or 3 o ccasio ns.
THE COURT: I imagine you have. I imagine that
a l l w itnesses have been talked to by counsel before
they were put on thestand.
MR. KING: Counsel who is (inducting the cross-
examination Is not unaware o f th a t, Your Honor, but he
is conducting the cross-exam ination.
THE COURT: W ell, I r e a l iz e , Mr. King, that
when you have a ju ry s lt t tn g over th ere , sometimes
questions l ik e that a ffe c t Jurors that don't a ffe c t
Mrs. Reber - cross 209
The Court:
because we hear these cases every day and we know that
w itnesses and lawyers ta lk to each other before they
come to court; otherw ise, lawyers wouldn't have sub
poenaed them as w itn esses. There's nothing unusual about
the w itness ta lk in g to the lawyer or the lawyer ta lk in g
to the w itn ess. I r e a liz e Jurors are sometimes In f lu
enced by that type o f question but I'm not going to be;
so, le t ' s go ahead with the examination.
MR. KING: W ell, i f Your Honor p le a se s , I would
lik e to Ind icate to the Court that I was not doing
th is for the e d if ic a t io n o f the Court. I was doing
th is as a means o f ascerta in in g truth from th is w itn ess ,
not for the benefit o f the Court.
THE COURT: W ell, whether sh e 's taikedd to
counsel today or yesterday or la s t month, I don't know
how that would help us a great d ea l. Go ahead w ith
your examination.
Q Mr. King: So, you say that you remember th is
d ate . Is that c o rre c t7
A Yes.
Q And what is the b a s is upcn which th is re co lle c t io n
I s founded; why do you remember It so c le a r ly ?
A To my knowledge, i t was when those colored people
came In to bowl and the lanes were occupied.
Mrs. Reber - cross 210
Q In other words, when the colored people came to the
door, the lanes were occupied?
A R ight.
Q Now, how did you know that they were occupied?
A W e ll, I don't work on the lanes but anybody with
two eyes can g en era lly see whether a l l o f the lanes are f u l l
or not.
Q W ell, I asked you about other things th the lanes
and you say you only worked In the beverage counter; d id n 't
you t e l l me that?
A R ight.
Q And now you know about the lanes?
A But that don't keep me from looking out on the
lanes when I'm up at the beverage counter.
Q But you say that on A p ril 25 you are p o s it iv e
that you saw th is young man here?
A I'm not p o s it iv e but I th ink It was him.
Q In other words, you were p o s it iv e on d ire c t
examination but you're not p o s it iv e now; is that it *#
A I th ink it was him; I'm p retty sure it was him.
Q You're p retty sure?
A R ight.
MR. KING: Let the record show that counsel
pointed at Mr. Bredie when he interrogated the w itness
regarding her Identlff 1 cat Ion.
Mrs. Reber - cross
THE COURT*
HR. KING:
THE COURT:
You sa id Brady.
HR. KING:
Who?
Old I say something wrong?
You say Brady? Is n 't It Brodie?
Anyhow, I stand co rrected , Your
Honor; Brodie is r ig h t .
_______Now, you say that these people did not present
themselves at the oounter for food, Is that true?
211
A They did not.
Q And they d id n 't present themselves at the counter
for any beverages, Is that rights?/
A They did not.
Q As a matter o f f a c t , no Negroes have ever
presented themselves to your counter for any of your
s e rv ic e s , have they?
A No, they have not.
■
Q And i f they d id , co n sisten t with your p o lic y ,
they would not be served; is n 't that true?
A U n til I was to ld d if fe re n t .
■
Q U n til you were what?
A U n til I was to ld d if fe re n t , they would be served.
Q U n til you were to ld d if fe re n t , they would be served?
A R ight.
Q I see . Then, are you saying that the p o licy o f
Hidtown Lanes Is to serve Negroes?
Mrs. Reber - cross 212
A No, I'm not.
Q 0hf you a re n 't ; I see; w e ll , what are you saying?
A You asked me I f they were to come to the beverage
counter to be served would I serve them.
Q Yes?
A Is n 't that what you asked me?
Q Yes?
A I sa id , to the co n trary , I would u n t il I was to ld
d if fe re n t .
Q You wouldn't?
A I would.
Q You would?
A U n til I was told d if fe re n t .
Q In other words. It Is the p o licy o f Midtown to
serve Negroes, Is that what you're saying? Is that what
yo u |'re saying?
THE COURT: I th ink what you're confusing her
about, Mr. King; you asked her what she would do and
she says what she would do; but when you ask her using
the word " p o lic y " , I b e lieve th a t 's what sh e 's stumbling
about. She t e l l s you what she would do; so , I don't
know that she could e s ta b lish p o lic y . She's ju s t an
employee. She's ju s t an employee and a l l she can t e l l
you Is what she would do, unless she has been to ld
by her employer what the p o licy I s . You can ask her that
Mrs. Reber - cross 213
The Court:
and you can see I f she has been to ld by her employer what
the p o licy Is ; o therw ise , a l l she can t e l l you is what
she would do, I don't see any other way that she could
get I t .
_______ Q Mr, King: Old you get the Judge's question?
A Yes, I d id .
Q Would you answer It p lease? Have you been to ld by
the owner, Mr. N u ll, what h is p o licy Is ?
A No, I have not been to ld not to serve the colored
people.
Q Have you been to ld to serve them?
A No, I have not.
Q And you have not served them?
A I have not served them, no.
Q Now, I believe you say that you a lso remember May 20,
Is that co rre ct?
A T h at's r ig h t .
Q And you remember It ve ry , very c le a r ly ?
A Yes.
Q Ma'm?
A The same thing happened that happened in A p r il.
Q W ill you describe what happened in May, May 20?
A That was the Incident when Mr. Woodie came tot he
counter.
214
Q When Hr. Woodie came to the counter?
A Yes.
Q I see; and what time was that?
A Between 11:30 and 12 o 'c lo c k .
Q At n ig ht?
A in the morning.
Q And you're sure o f th at?
A Yes.
Q Now, you say that they se rve , that the p rin c ip a l
thing that they serve there Is beer, Is that co rrect?
A R ight.
Q And that has been the p rin c ip a l thing that you've
served there s in ce 1961 when you came, Is n 't that true?
A R ight.
Q What do you mean when you say " p r in c ip a l" , ma'm?
A The thing that we make the most money on Is beer.
Q Oh, th a t 's what you mean; then, you're not saying
that they s e l l more beer than anything e ls e ?
A Yes, I am; th a t 's e x a ctly what I 'm a y in g , 3 to 1.
Q 3 to 1?
A Yes.
Q W ell, what does the "1" mean? What does that
symbo1Ize?
A S e ll 3 beers to 1 so ft d rin k .
Q Oh 3 beers to 1 so ft d rink?
Mrs. Reber - cross
•A #*'' Y •• /
A
H rs. Reber - cro ss 215
Yes.
Q And you were asked a moment ago about how far
Davis Bros, was from there and you said about a quarter
o f a m ile or h a lf a m ile?
A R ight.
Q And that was Davis Bros. Suburban, Is that co rre ct?
A Yes s i r .
Q Do you know what time It opens up?
A No s i r .
Q Have you ever been In there?
A Yes, 1 have.
Q And you kno» that It serves very e laborate evening
m eals, don't you?
A I I enow It serves evening m eals. I don't know
what kind.
Q W e ll, you know that I t Has two other restaurants
In the C ity , don't you?
A
Q
Yes.
And you know that th is one, that you've spoken o f
being In the area about a quarter o f a m ile to a h a lf m ile
away from the bowling center, Is the most e laborate Davis
Bros, eatery there Is In th is C ity , Is n 't that true?
A I do not know.
Q Have you eaten at the o th ers?
A Yes, I have.
Mrs. Rebar - cross
Q Then, you say that it is not - - Oh, what are the
names o f the o th ers?
A The c a fe te r ia .
Q A ll r ig h t , at the c a fe te r ia you take your tray
and you go around and you are served by w a ite rs and w a itresses
standing there to give you a dash of whatever foodyou want,
is n 't that true?
A R ight.
Q But you don't do that at Davis Suburban, do you?
Is n 't that true?
A No, you don 't.
Q In other words, you eat f u l l course meals at Davis
Suburban, Is n 't that true?
A R ight.
Q Davis Suburban Is th is restaurant which is a
quarter of a m ile to a h a lf a m ile away from yourplace o f
b usiness, the Midtown Bowling Lanes; is n 't that true?
A R ight.
Q As a matter o f fa c t , It is the c lo se st eatery
a fte r 9 o 'c lo c k , Is n 't that true?
A I don't know about what hours.
Q W ell, Is n 't It tru e , Mrs. Reber, that there Is
no other eatery In that area a fte r 9 o 'c lo ck ?
A Yes, there Is .
Q Is th is the c lo se st eatery to Midtown? . . . .
t i t
Mrs. Reber - cross 217
You*re shaking your head "y es"7
A Davis B ro s ., yes.
Q Now, I c a l l your a tte n tio n , Mrs. Reber, to what
has been Id en tif ied as P-3, would you take that p lease ma'm
and I ask you whether or not you see the sign that says
••Coffee Shop’* there?
A Yes, i see I t .
Q And Is it not tru e , Mrs. Reber, that that was a
shop (s ig n ) that told of the se rv ice s inside your bowling
lanes?
A I don't know.
Q W ell, you're aware that it was out there, a re n 't you?
A I w asn't aware It was out there; no, I was n o t,
because when I come and go to work, I don't take time to
see w hat's on the in- or o u tsid e .
Q i see. Are you aware that the big bowling p in -b a ll
there is out there , Mrs. Reber?
A Yes.
Q You're aware of th at?
A Yes.
Q You are a lso aware, are you not, Mrs. Reber, that
very recen tly that you had people bowling at Midtown Bowling
Lanes, who were Shriners from a l l over the Country; that Is ,
a l l over the region that was represented; I s n 't that true?
A I did not understand you.
Q
Mrs. Reber - c ro ss 218
1 sa id , you know about the Sh rln ers that had
th e ir big "blow-out" here?
A Yes s i r , 1 do.
Q And you know that there were about 6,000 here.
from South C aro lin a , Alabama, F lo rid a and around; you are
aware o f th a t, a re n 't you?
A 1 know they were In town, yds.
Q And you a lso know that your employer had a sign
out there on the o u tsid e , saying "Welcome N ob les",d id n 't he?
A 1 have never seen the sign yet.
Q You've never seen I t ?
A No.
Q You don't deny, however, that It was th ere , do you?
A 1 do deny ft was there because 1 d id n 't see It
th ere . 1 do deny me seeing It th ere .
Q Now, 1 want to ask you, Mrs. Reber, you know Mr.
and Mrs. Fred erick?
A Yes.
Q How long have you known them?
A 1 don't know how many years I 'v e known them. Several
Q And what are th e ir - excuse me?
A Several years.
Q Several years?
A Yes.
Q And In what re la tio n have you known them?
Mrs. Reber - cross 219
A The re la tio n sh ip I'v e known them?
Q Yes ma'm, In what re la tio n sh ip have you known them?
A Mrs. Fred erick by her bowling.
Q She bowls out there?
A R ight.
Q Is th at the only re la tio n sh ip In which you've
known her?
A And she and I are f r ie n d s .
Q The two o f you are fr ie n d s?
A Yes.
Q Do you knew her husband?
A I know her husband, yes.
Q Now, Is n 't It true that Mrs. Fred erick a c tu a lly
helped you operate that ooncession out there?
A No, she has not.
Q She's never worked out there?
A I do not kntw what she done before I came there
but sh e 's never worked when I was th ere , no.
Q In other words, she hasn 't been there s in ce 1961?
A Not s in ce I'v e been th ere .
Q W ell, you have been there s in ce 1961?
A (No answer) . . .
Q Has she ever been your employer In that beverage
counter?
A No, she has not. My chedcks are signed by Mr. N u ll.
Mrs. Reber - cross 220
Q You*re checking w ith Mr. N ull?
A I say my checks are signed by Mr. N u ll.
Q And In your handling o f the concession th ere , a l l
o f the business that goes on there Is checked w ith Mr. N u ll?
A R ig h t.
Q And that has been the p o licy s in ce 1961? No
fu rth er questions.
A (No answer) . • .
Q Just one minute! On the occasion that you spoke
of that you saw these people there on A pril - I be lieve It was
THE COURT* 25th.
_______ Mr. King* Yes, the 25th, were there any young
females w ith them?
A 1 b e lieve there was two* I th ink there was two.
Q You don't know?
A 1 sa id I be lieve there were two.
THE COURT: Anything further from th is w itn ess?
MR. RENTZ: We have one or two other q uestio ns,
Your Honor.
THE COURT* A ll r ig h t,g o ahead.
REDIRECT EXAMINATION
BY MR. RENTZ*
Q Mrs. Reber, do you o f your own personal knowledge
know whether or not the beverage counter was ever leased by
Mr. Null to anybody e ls e or put under the management o f any
other person during the time that you've been employed there?
A No, I t was not leased , no.
Q Has any other person been involved In e ith e r the
operation or the management o f the beverage counter other
than yo u rse lf?
A W eil, I 'v e always worked for H r. N ull but what
business tran sactio n was going on about the running, I d id n 't
have anything to do with th a t.
Q aDid Mr. F red erick ever have anything to do w ith
the beverage oounter?
NR. KING: I f Your Honor p lease -
A The W itness: He d id n 't have anything to do with
me, no.
Q Hr. Rentz: Excuse me, Your Honor, I have one
o th er question: Now, you t e s t if ie d on d ire c t examination,
Mrs. Reber -
MR. KING: If Your Honor p le a se s , the record
w i l l show what she t e s t if ie d to on d ire c t examination.
He doesn't have to enumerate I t .
THE COURT: A ll r ig h t .
MR. RENTZ: Judge, I would l ik e to c a l l th is
testimony to her a tten tio n .
Q You t e s t i f ie d , I b e lieve - and co rrect me I f I'm
wrong -
MR. KING: Is the Court su sta in in g or o verru ling
co u n se l's o b jectio n ?
Mrs. Reber - redirect 221
Mrs. Reber - re d ire ct 222
THE COURTs I don't know that I'm doing e ith e r
one u n t il I hear the question . What Is the question ,
Mr. Rentz?
Q Mr. Rentz: Mrs. Reber, did I understand you
to t e s t i f y on d ire c t examination that there are two occasions
on which you remember colored people going in and presenting
themselves to the control counter to bowl) Is that r ig h t?
A Yes s i r .
Q Do you remember what the la s t date was?
THE COURT: The f i r s t date was A p ril 25.
MR. RENTZ: Yes s i r .
THE COURT: Now, you're asking her about the
other one?
A The W itness: I b e lieve It must have been In May.
THE COURT: In May?
A The W itness: They wasi ' t too far apart; I t w asn't
too fa r apart between them.
Q Mr. Rentz: Yes ma'm, do you remember what day
of the week It was?
A The second time was on %hursday n ig h t, I b e lie v e ;
yes, i know it was.
Q Now, with reference to the second time that the
colored people presented themselves at the control counter,
when was Wood Ie out there?
A W ell, Mr. Woodle was out there on Saturday, on
Mrs. Reber - re d ire ct 223
Saturday morning.
Q Was that before or a fte r the seoond time that the
aolored people went to the oontrol counter?
A It was —
MR. KING: I f Your Honor p le a se s , I ob ject to
th is lin e of leading the w itn ess.
THE COURT: T h a t's not lead ing , Mr. King, asking
her whether I t was before or a f te r .
A The W itn e ss : It was before they went t> the
control counter.
MR. RENTZ: T h a t's a l l , Your Honor.
RECROSS EXAMINATION
BY MR. KING:
Q I b e lieve you t e s t if ie d on d ire c t examination,
Mrs. Reber, that that bowling lane served o n ly lo c a l,
v ir t u a l ly only lo ca l people; is n 't that true?
A Yes, i t i s .
Q Now, as a matter o f f a c t , you don't know th a t,
do you? Do you?
A Wou Id you say what you sa id p lease?
MR. KING: Would you read It p lease , Mr. Reporter|?
THE REPORTER: "Now, as a matter o f fa c t , you
don't know th a t , do you?"
THE COURT: Now, read her the other part so ,
she w i l l know that he 's ta lk in g about
Mrs. Reber - recro ss 224
THE REPORTER: " I beltdge you t e s t if ie d on d ire c t
examination, Mrs. Reber, that that bowling lane served on ly
beat people, v i r t u a l ly only lo ca l people; Is n 't that true?"
A The W itness: Yes, It I s .
Q Mr. King: But that Is n 't tru e , is I t ?
A Yes, I t I s .
Mr. RENTZ: Your Honor, he's arguing w ith the
w itn ess.
THE COURT: W ell, sh e 's answering; sh e 's doing
the best she can.
C Mr. Kino: Now, how do you know th at?
A When you work at a p lace long enough, you know
when somebody comes tn whether they've ever been there before
or n o t, whether th ey 're local or out o f town.
Q W ell, d id n 't you say ju s t a moment ago that you
d id n 't pay any attention to anything but going to your
beverage counter? You said you d id n 't bother about anything
out there In the bowling lanes?
A I do not bother anything on the bowling lan es.
Q W ell, how do you know who uses the bowling lanes?
A Idon't know who uses the bowling lan es, but you
were re fe rrin g to the beverage counter.
Q Oh, you a re n 't re fe rrin g to the bowling lanes then?
A No, I'm not.
Q But you wouldn't o b ject I f a person came up, you
ii
H rs. Reber - recross 225
wouldn't ask whether he was from In town or out o f town,
would you?
A Ivouldn't have to ask him.
Q Oh, I see; w e ll , what would you do? Wouldyou know him
A 1 know people w e ll enough In th is area that 1 would
know where he comes from.
Q 1 see; w e ll , would that keep you from serving them?
A In town or out o f town? No, It wouldn't keep me
from serving them.
Q It wouldn't keep you from serving them?
A No.
Q Whether they were from In or out o f town?
A I f he was from out o f town, yes.
Q Oh, you wouldn't serve them?
THE COURT: No, you've ju s t mixed her up. She
has sa id she would serve them whether they were from
In town or out o f town. She said th at; Is n 't that what
you sa id ?
Q Mr. King: Is that what you sa id ?
A T h at's ex a ctly what I sa id .
Q T e l l me t h is , Mrs. Reber, would you know, sim ply
by having seen a person on severa l o ccasio n s, whether he was
from In town or out o f town?
A I f h e 's coming up to the beverage counter to be
served, I would know, yes.
!
Mrs. Reb«r - recross 226
Q How?
A Because I would converse w ith him enough to know.
Q You would converse w ith him enough to know?
A R ight.
Q Then, It is your p o lic y , where a person comes up
to your counter, youfind out where he's from?
A I don't ask him d ir e c t ly where he 's from but. I f
he comes up there more than tw ice , I can ju s t about t e l l
you what he wants when he comes up there and where he 's from.
Q But th is Is the b asis upon which you make that
statement you made that you know that most o f the people
you serve are from In town?
A R ight.
THE COURT* A ll r ig h t , anything fu rth er from
th is w itn ess? Haven't we about covered everything?
MR. KING: T h ere 's one other question , Your
Honor.
THE COURT* W ell, le t ' s don't repeat anything.
Q Mr. King* Did you ask any of the fh r in e rs
who came out there where they were from?
A No.
THE COURT* She hasn 't said there were any.
A The W itness; Because there w eren't any Sh rln ers
who Id en tif ie d them selves.
THE COURT: She hasn 't sa id there were a* y
Shrlners in there
Mrs. Reber - recross 227
A The W itness: Ho, I d id n 't .
Q Mr. King: What was your statement?
A I sa id I f there were any Shriners th ere , there
w asn't any there who Id en tif ie d themselves.
Q They d id n 't Identlfythem selves?
A No, they d id n 't .
Q W e ll, you don't know whether there were any there
or not? Ma'm?
A I can 't commit m yself to say whether I do or not.
Q You Ju st don't know?
A No, r ig h t .
THE COURT: I In terp ret that as meaning that
she doesn't kiow.
REDIRECT EXAMINATION
BY M R. RENTZ:
Q Did you see any Sh rin ers out th ere , Mrs. Reber?
A No s i r , I d id no t.
BY THE COURT:
Q W ell, you mean by that you d id n 't see anybody who
Id en tif ie d h im self as a Sh rin er?
A R ig h t, th a t 's r ig h t .
Q I understand what she means and you gentlemen too.
I don't know why we have to keep going over the same th ing .
MR. RENTZ: T h at's a l l , Your Honor.
THE COURT: You may go down.
HOWARD HENDLY 228
a party Defendant, ca lle d by the
Defendants, duly sworn, t e s t if ie d
DIRECT EXAMINATION
BY MR. RENTZ:
Q W ill you sta te your name fo r the record , p lease s i r ?
A Howard Hendly.
Q Where do you l iv e , Mr. Hendly?
A 501 P ine , Albany, Georgia.
Q Where do you work, Mr. Hendly?
A Midtown Bowling Lanes.
Q How long have you been employed at Midtown?
A About two yeafs.
Q What hours doyou work at Midtown?
A 4:00 u n t il we c lo se ; 4:00 In the afternoon u n t il
we c lo se a t n ig h t.
Q A ll r ig h t , what time do you norm ally c lo se?
A Right a fte r the leagues are o v e r, anywhere from
10:30 to 11:30; sometimes It c a r r ie s over u n t il about 12:00,
In case a machine breaks down or something l ik e th a t.
Q Now, t e l l the Court what your d u ties are at Midtown?
A I work at the desk, contro l counter.
Q You heard the testimony about where the contro l
counter Is located from Mrs. Rebar; was th at accu rrate?
A T h at's about r ig h t .
Q Where is your home, your o r ig in a l home?
A S t . Lo u is, M issouri.
Hendly - d ire c t 229
Q Mr. Hendly, were you employed at the control
counter at Midtown on A pril 25, 1965?
A Sunday afternoon?
Q Yes s i r ?
A Yes, I was.
Q Old any colored people present themselves to you
and ask to bowl?
A Yes, they d id .
Q Do you recognize any o f the people In court today
who were there?
A To t e l l you the truth now, there are a couple of
dates there and a couple o f d iffe re n t times they come out
there; a c tu a lly , I don't know which date they did come o u t.
Q I see . Now, going back to what you sa id was
Sunday, A pril 25, o f th is year; t e l l the Court what happened?
A They approached me a t the contro l counter and
asked to bowl and I refused them because the lanes were
f i l l e d ; there was no p lace to put them. I a lso to ld them
at the same time that they oould bowl at Albany, th a t 's
Shackelford , Albany Lanes or at the Marine Base or Turner
F ie ld , because they maybe could get a lane that was a v a ila b le
fo r them to bowl on.
Q Did you t e l l them anything about the lanes being
f i l l e d ?
A I d id . I to ld them the lanes were f i l l e d and we
Hendly - direct 230
couldn't accommodate them.
Q Do you remember whether o r not you a l l were In a
tournament then or In league p lay or what accounted for the
fa c t that the lanes were f i l l e d ?
A There was lad les C ity A ssociation Tournament going
on at the present time.
THE COURT* You say "going on at the present
time"; you mean going on a t that time?
The WItness? Yes s i r , the 25th.
Q Mr. Rentz; I hand you some photographs which*
have been Id en tif ied as DEFENDANTS' 1 through 12 and ask you
to look through them and see warhat they r e f le c t and t e l l the
Court what they are?
A W ell, th is f i r s t p ic tu re Is shot o f the beverage
counter.
Q T h at's D - l.
A T h is must have been taken down on the lanes.
T h is Is the lockers and th is Is part o f the se tte e , the
second p ic tu re .
Q Are a l l of these p ic tu re s of the In te r io r o f
Midtown Lanes?
A T h at's what It looks l ik e , yes.
Q A ll r ig h t , look on through them?
A Th is Is shot down about fiane 15.
Q T h a t's D-3» go on through them?
Hendly - d ire c t 231
I
A Th is Is the w a ll behind the beverage counter, not
behind It but In front of the beverage counter; that *s D-4.
Q T h at's 0-4?
A T h is shows shot o f the beverage counter and a lso
a part o f the control counter.
Q T h at's 0-5?
A T h is shot Is part o f the beverage counter, the
a lr-co n d ltIo n room and the meeting room.
Q D-6?
A T h is shot was taken away from the beverage counter
against the w a l1.
Q D-7?
A Th is looks as I f taken on Lane 1, facing the lane.
Q T h at's 0 -8T
A Another shot o f the beverage counter.
Q 0-9?
A Another shot o f the beverage counter.
Q 0-10?- ,Vr ■
; A T h is Is taken against the w a l1 look across the
lanes from lane 1.
| Q 0-11?
A And th is is down on #24, shot the other way.
Q T h at's 0-12. A ll r ig h t , Hr. Hendly, 1 again c a l l
your attention to A pril 25 o f th is year and ask you to s ta te
whether or not the colored people, who you t e s t if ie d came In ,
Hendly - d ire c t 232
went over to the beverage counter area for s e rv ic e , or for
any other purpose?
A When they came In and I cou ldn't put them on the
lan es, they turned around and went out the door.
MR. KING: You d id what?
The W itness: When I couldn't accommodate them
for the lan es, they turned around and went out the
front door.
Q Mr. Rentz: Old you t e l l them that yhey could
not be served at the beverage counter?
A I did not.
Q Are you p o sit iv e about that?
A I'm p o s it iv e .
Q A ll r ig h t , I c a l l your attention to SMay 20 o f
th is year and ask you I f any colored people presented them
se lves for se rv ice on that date at Midtown?
A They came In , In the afternoon and approached me
to bowl. W e ll, a t that tim e, le t ' s see , It was 4:30 or
3 :00 , something l ik e that} we have a p o licy - I t ' s not a
p o lic y - we have a cleaning to do out there; we clean the
lan es.
Q How do you do th a t, Mr. Hendly?
A Every afternoon we o i l and recondition the lanes
so th ey 're ready for the league p lay that n ight; you have
to clean approaches and It takes about anhour and a hour to
Hendly - d ire c t 233
two hours to do t h is .
Q Why do you have to clean them?
A To keep the lanes in shape.
Q A ll r ig h t s i r , J u it go ahead?
A You mean how we go about cleaning them?
Q No, no; what happened on that afternoon?
A They approached me to bowl and I to ld them that
they osuld not because we were closed to reoondition the
lan es.
Q Mr. Hendly, can anybody bowl when you're recondi
tion ing the lanes?
A They cannot.
Q S tate whether or not you have to ld persons, w hite
people, that they could not howl when you were cleaning and
reconditioning your lanes?
A I have.
Q A ll r ig h t , go ahead now w ith respect to May 20,
1965; did they subsequently come back?
A They came back that night.
Q A ll r ig h t , what Happened thenf?
AThey come up, approached me to bowl; I had 23 lanes
going and one down for re p a irs , and I have no p lace to put
them. I told them so; they turned around and went out the
door.
Q Old they ask you for se rv ic e at the beverage counter?
Hendly - d ire c t 23k
A They did not.
Q Did they approach the beverage counter for se rv ice ?
• . , 1 ' i . > ' * .... j
A They did not.
Q Hr. Hendly, do you know whether or not Hldtown
Lanes has any p o licy to exclude colored people from the
f a c i l i t i e s they have there?
A I do not.
Q Have colored people ever bowled there?
A Yes s i r , they have.
Q When did they bowl?
A The Hen's C ity A ssociation Tournament.
Q How many times did you see them out there bowling,
cololled men?
A One came out one afternoon and p ra c tice d . They
threw a couple o f p ra c tice games before the tournament got
started and they bowled In the tournament,
Q Did white men come out and bowl or p ra c tice ?
A Yes s i r , on the same lane.
Q And they p racticed Ju st l ik e the colored people?
A T h at's r ig h t , s i r .
Q Do you know o f any other instances in which colored
people have bowled at Hldtown Lanes?
A I have heard o f them In the mornings but I'm not
out there .
HR. KING: I f Your Honor p le a se s , I move that
the response be strick e n as heassay.
Hendly - d ire c t 235
THE COURTt Of course, I t wouldn't have any
w eight. Just lim it It to what he knows.
HR. RENTZ: A ll r ig h t , s i r , Tfour Honor.
Q Now, H r. Hendly, do you know anything about the
p ra c tice o f HIdtown Lanes w ith respect to whether or not
they make reservatio n s or reserve lanes fo r people who c a l l ?
A We don't t ie up our lanes; we don't take rese rv a tio n s .
Q Why don't you do th at?
A Because we would t ie them up and we would lose
money that way.
Q And are you p o s it iv e th at you don't give reserva
tio n s at your lanes?
A We do not. I f we d id , a person would c a l l In and
t e l l you to reserve lane for 9 o 'c lo ck ; I t s 8 o 'c lo c k ; th a t's
an hour you're kept w aiting for those people and we do not
do i t .
THE COURT: L e t 's re la te that question to a
s p e c if ic date, rather than ju s t a general p roposition .
He's sa id that they don't ever do It but I want him
asked the question whether on a s p e c if ic date a
reservatio n was made.
- Q Hr. Rentz? Would you have accepted a reservation
on A p ril 25. 1965 to reserve a lane for any person?
A No s i r .
THE COURT: Did you*?
The W itness: No s i r .
Hendly - d ire c t 236
Q H r. Rentz: Hr. Hendly, during your work at
HIdtown have you had many customers out there to bowl who
were In te rs ta te tra v e le rs?
A Not that I know o f .
Q Whalsamount or bulk of your b u sin ess, w ith respect
to whether your customers are from Georgia, the Albany, Ga.
area or some other area?
A League p lay , which Is lo c a l, local people here
In Albany.
THE COURT: In other words, I'm not sure I
understood the answer to the question?
The W itness: W ell, leagues, we have league p la y .
THE COURT: Read the question . Hr. Jo in e r.
THE REPORTER: "What Is the amount or bulk o f your
business w ith respect to whether your customers are
from Georgia, the Albany, Ga. area or some other area?"
THE COURT: What do you meanby th at? You mean
they are from Albany?
A The W itness: Yes s i r .
Q Hr. Rentz: What percentage would you say o f
the bowlers that bowl In your lanes out there are from
Alabama, F lo rid a or South C aro lin a , what percentage?
A What percentage, 1 wouldn't know. I don't know o f
anybody coming down to bowl from there.
Q Then, what Is your answer to my question?
Hendly - direct 237
A What percentage?
Q Yes s i r ?
A 99 per cent.
Q Let me rephrase the question: what percentage o f
the person who bowl In Mfdtown Lanes are lo c a l?
A Oh, excuse me, excuse me. W ell, l e t ’ s put It th is
way -
Q Go ahead and answer the question?
A I would say everybody from Albany, out here at
Midtown are s t r i c t l y from Albany that come out there to bowl.
Q Have you ever seen anybody from F lo rid a o r South
Caro lina or M iss iss ip p i out there bowling?
A Not that 1 know o f ; I wouldn’ t know them.
Q Or a t the beverage counter?
A Not that I know o f .
Q Mr. Hendly, s ta te whether or not you’ ve ever had
occasion to turn away w hite people who would present them
se lves to bowl because the lanes were f i l l e d ?
A Yes s i r .
Q How often would that occur?
A Maybe four times a week.
Q A ll r ig h t , exp la in to the Court e x a ctly why your
lanes are frequently f i l l e d to capacity?
MR. KING: Now, If Your Honor p le a se s , there Is
no evidence to show that h is lanes are U su a lly f i l l e d to
cap ac ity .
Hendly - d ire c t 238
THf COURT: He d id n 't say "u su a lly " ; he sa id
"freq u en tly" .
HR. KING: W ell, "freq u en tly" , I would submit.
Your Honor, Is s im ila r .
THE COURT; W ell, say "a t tim es", why are they
"at times" f i l l e d to cap ac ity .
_______ <} Hr. Rentz: A ll r ig h t s i r , go ahead, Hr. Hendly?
HR. KING: I dont th ink th e re 's one b it of
evidence in th is case to show that they are f i l l e d .
There h asn 't been any testimony to show that HIdtown
Lanes have been f i l l e d , ever been f i l l e d .
THE COURT: W ell, he Just t e s t i f ie d , Hr. King,
that he 's had to turn people away an average o f four
times a week because he h asn 't any lanes a v a ila b le to
serve them. He Just fin ish e d saying th a t.
HR. KING: C e rta in ly , there was no explanation
as to why they were turned away. I don't th ink he said
they were f1 1 led.
THE COURT: I th ink Hr. Rentz used the word
" f i l le d " In hts question , "how many times did you have
to turn them away because the lanes were f i l le d ? *
Ask i t . Hr. Rentz, that way to be sure I t ' s In the
record the way I t ought to be here.
Q H r. Rentz: Why would you turn these people
away? You t e s t if ie d a minute ago that you turned people
Hendly - d ire c t 239
away as many as four times a week; why did you turn them away?
A Because our lanes would be f u l l and there would
be no p lace to put them.
Q A ll r ig h t , how often does that s itu a tio n occur,
where your lanes are f u l l and nowhere to put them?
A 4 o r 5 times a week.
Q A ll r ig h t , exp lain how that Is true?
A We have league p lay out there; so -
Q Go Into some d e ta il about the league p lay and
exp la in It to the Court?
A We have 24 lan es. AH r ig h t , take Wednesday
n ig h t, 1 through 8 , you have a la d le s ' league; 9 through
16, you have a men's league; and 17 through 24, you have
another men's league; and th a t 's where nobody can bowl except
people In that league because I t ' s reserved for them.
Q A ll r ig h t , Is th is the s itu a tio n on Thursday
evenings and Sunday evenings?
A On Thursday evening, yes. Sunday, we have
tournament out there that o n ly people can p a rt ic ip a te In
th is tournament are the people that bowl at our house out
at Hldtown Lanes.
Q Explain th a t, Mr. Hendly?
A W ell, I t ' s ca lle d "p rize n ig ht". Mr. Null g ives
p rize s and he puts them up for these bowlers to bowl a t ;
and the high - there are eight d iffe re n t p r iz e s ; and the
Hendly . d ire c t
high team, teamwise, what we c a l l doubles, a man and a woman;
l ik e I say , there are eight d iffe re n t p r ize s and the high
eight couples w i l l win a p r iz e .
Q What are the q u a lif ic a t io n s for p a rt ic ip a t in g In
the tournament on Sunday evening?
A You have to bowl a t our house; what I mean by th at,
you have to bowl a t HIdtown Lanes.
Q A ll r ig h t , now how much o f the evening does th is
league p lay that you're ta lk in g about take up?
A S ta rts a t 8 o 'c lo ck and ends about 10 o 'c lo ck ; th e re 's
a l i t t l e match gone a fte r th a t, and then we c lo se .
Q What do you mean l i t t l e "match game"?
A W ell, klnd-of a l i t t l e tournament, couples w i l l
get among themselves and t h e y 'l l cover 24 lanes or take up
the lanes 2 and 2 , and when t h is Is through, we s ta r t
cleaning up and get ready to go home.
Q Do you know anything about the beverage counter?
You are In th ere , do you know something about the beverage
counter there at HIdtown? What do you knew about the beverage
counter?
A W e ll, I knew I t ' s over there and Lou works th ere .
Q W ell, what Is p r in c ip a l l y dispensed over there?
A Oh, beer.
Q How long has that been the s itu a tio n at HIdtown?
Say in the spring o f th is year, what was It s p rin c ip a l product
240
over there? f mI
A I t ' s always been beer s in ce I'v e been there* th a t's
the biggest s e l le r .
HR. RENTZt T h at's a l l , Your Honor.
CROSS EXAMINATION
BY HR. KING:
Q You say I t ' s g reatest s e l le r Is beer and, of course,
you're not denying that bacon and eggs, hamburgers and hot-
dogswere not served there during the spring o f th is year,
are you?
A Excuse me, coujId you repeat that?
MR. KING: Would you, Mr. Reporter?
THE COURT: You've got a double negative In
th ere , you say you're not denying that they were not served,
1 don't know whether you meant a double negative o r no t.
MR. KING: Thank you, Your Honor.
Q You don't deny that the beverage counter, as I t ' s
ca lle d by you, d id n 't serve scrambled eggs, bacon, hamburgers,
to t dogs?
A Hot-dogs, hamburgers, maybe an egg sa la d .
Q W e ll, you've been In court a l l morning, haven't you?
A T h at's r ig h t . Are you sta tin g when. In the spring?
Q Yes?
A Th is was before It was changed.
Q Yes, I t was changed, oh In September?
Hendly - d ire c t - cross 2 k ]
Hendly • cross 242
A I don't know when Mr. Null changed It over r e a l ly .
Q W e ll, you know It was commenced in the f a l l ,
don't you? You kn« It was commenced in the f a l l , don't you?
A Excuse me, would you repeat th a t, p lace?
Q You know that It was beginning In the f a l l , In
the f a l l o f the year?
A No s i r , I d on 't.
Q You don 't; then, you don't know when?
A A ctu a lly when It changed, no, I d o n 't.
Q But you know they were serving them Ian A pril and
May, don't you? You know th a t, don't you?
A I drn't know the date nor the month; no, I d on 't.
Q You know they were serving at the time that you
have talked about here on d ire c t examination, don't you?
You t e s t if ie d about the Negroes who came In; you remember
the d ates,d o n 't you?
A That was part o f my business.
Q Yes, and don't you remember that they were serving
baoon and eggs then?
A Mr. King, I go to work at 4 o 'c lo c k .
Q W ill you answer the question?
A I can 't r ig h t fu l ly answer that because I don't know.
Q A ll r ig h t , you don't know; as a matter o f f a c t ,
you don't know what was going on a t the beverage counter,
do you?
Hendly - cross 2*»3
A Not that much to ta lk about, no.
Q Then, a l l o f th is testimony that you've ju s t given
with reference to these e x h ib its that you've had exh ib ited to
you about what Is the p rin c ip a l thing that Is sold over there
and that so rt o f thing,you r e a l ly don't know, do you7
A I do know because I help clean up a t n ight and
th e re 's nothlngbut beer b o ttles a l l over the p lace .
Q Oh, I see; th a t's the basts upon which your con
clu sio n Is made; Is that co rrect?
A W e ll, I see people, t r a f f i c going over there a l l
the time and nothing but beer coming back.
Q The spectators too?
A What do you mean spectato rs?
Q The people who come?
A We don't have that many spectators out there .
Q You don't deny that you have them out th ere , do you?
A No s i r .
Q And you don't ask them where th ey 're from, do you?
A No s i r .
Q As a matter o f fa c t , you don't ask any o f your
bowlers as a condition o f bowling out there where th ey 're
from, do you?
A Would you repeat that p lease .
BY THE COURT:
Q What he means, Is a condition o f bowling out there
Hendly - cross 2kk
that a parson has to be from any p a rt ic u la r s ta te ?
A No s i r .
Q What's that?
A No s i r .
THE COURT: He says no.
Q BY HR. KING: You sa id that you've been here for
two years?
A With Hr. Nut) at Midtown Lanes.
Q W ell, have you been here longer than that?
A Yes s i r , I'v e been here 10 years.
Q You've been here 10 years?
A Yes s i r .
Q What kind of work did you do before?
A Jim Denson's T ransfer and Storage.
Q And you drove in te rs ta te storage?
A No s i r , I was lo c a l.
Q Local?
A What I mean by lo c a l, I did not leave Albany.
Q Now, you know Mr. Chari ie W111 lams, don't you?
A Yes s i r .
Q You know that he worked out th ere , Is n 't that true?
A Yes s i r .
Q You know that you used him for any number o f purposes
In and about the prem ises: Is n 't that true?
A Yes s I r
Hendly - dross 2k5
Q He w asn't lim ited behind any racks or any w a lls back
th ere , was he?
A During league p lay .
Q You're saying that In a l l league p lay he was?
A C h arlie was what you c a l l a pin chaser and h is job
was back in the back during leagues.
Q But other than leagues he was a l l over the p lace ,
Is n 't that true?
A He helped me clean up at n Ight when we were ready
to clo se .
Q W e ll, are you saying that that Is the on ly function
which he served?
A Washed p in s.
Q Washes p ins?
A Yes.
Q He was fa m ilia r w ith p r a c t ic a l ly every portion o f
that b u ild in g , w asn't he?
A I Imagine so; he had been there a long time.
Q As a matter of fa c t , you've had an occasion to
send him to get a cup o f coffee and a sandwich, haven't
you, s in ce you'vebeen there?
A No s i r , I haven't.
Q T h is matter of percentage, you don't know what
percentage o f people who come to Midtown Bowling Lanes,
e ith e r as spectators or as bowlere, do you?
Hendly - cross 246
A Would you repeat th a t , p lease?
HR. KING* H r. Reporter, would you read the
question , p lease?
THE REPORTER: MT h ls matter o f percentage, you don't
know what percentage o f people who come to Hldtown
Bowling Lanes, e ith e r as spectators o r as bowlers, do you?'
A The W itness: I don't understand the question .
Percentage?
Q H r. Kino: W e ll, on d ire c t examination, you
spoke o f percentages when you were asked about I t , d id n 't you?
THE COURT: He w asn't asked about percentages
as between bowlers and sp e cta to rs , as 1 understand;
He w asn't asked th a t. As I understand, th a t 's what
your question Is now, Is n 't i t ?
HR. KING: Yes s i r , Your Honor.
THE COURT: A ll r ig h t , he 's asking you about
what percentage o f people, who oome In there are
bowlers and what percentage are sp ecta to rs.
HR. KING: W e ll, I d id I t a l i t t l e b it d if f e r
e n t ly , Your Honor. I asserted i t In the form o f a
quest ion.
Q You don't know what percentage o f bowlers or
spectators from out of s ta te come In there, do you?
THE COURT: You d id n 't put that "out of state"
In th ere . T h at's the reason I was ca t lin g your attention
Hendly - cross 247
The Court:
to the fa c t that he hadn't been examined about percentages
as between spectators and bowlers. Ask the question In
the way you want him to answer It and le t ' s go ahead
and get the answer.
A The W itness: Do I know the people th a t 's out o f
sta te that comes In there, how many? Is that what you're
asking?
Q Hr. Kino: Yes.
A I do not know, no.
Q Then, you a ren 't In any p o sitio n to speak of
percentages, are you?
A Your Honor, th is percentage - ?
THE COURT: I understand what your previous
testimony has been.
Q Hr. King: Are you suggesting that you don't
understand what one means when one Inquires about percentages
o f people or things that happen, In terms o f time or numbers?
You did use the word "99 per cen t." d id n 't you, on d ire c t
examination?
A With my tongue tied up, I'm a l i t t l e b it nervous;
yes, I d id .
Q Now, Vlbu spoke about some Negroes having bowled out
there during asso cia tio n tournament; Is that what you sa id ?
A Yes s i r .
Hendly - cross 248
Q As a matter o f f a c t , during th is time you don't
a c tu a lly have any contro l over your house, do you?
A How do you mean?
Q That I s , the asso c ia tio n determines who comes and
who goes?
A I f our house Is booked for th a t , th a t 's r ig h t .
Q W e ll, is n 't th is the s itu a tio n as re la ted to th is
asso cia tio n tournament?
A Repeat that p lease .
Q Wasn't It true that your house was under the co n tro l,
on the occasion that the Negroes that you spoke about appear
ing out there and a c tu a lly p lay in g , w asn't the house under
the control o f the asso c ia tio n ?
A More o r le s s ; not 100 per cen t.
Q Now, which one Is I t , more or Is It le s s ?
A I don't know I f I can r ig h t fu l ly answer that
because I don't know.
Q A ll r ls f i t , le t ' s do It th is way then; Your house
Is a member o f the National Bowling Congress, Is that co rrect
o r -
A Yes.
Q - or the American Bowling Congress, Is that o orrect?
A T h at's r ig h t .
Q Every parson who has a membership card In I t , that
Is In order for your house to maintain the sanction o f the
Hendly • cross 249
ABL, ABC that I s , you're going to have to le t them p lay; Is
th a t true or Is n 't It true?
A What do you mean "sactlo n" now? What do you mean?
Q Approved, I f approved by the American Bowling
Conference o r Congress?
A You mean every one th a t 's got a card , we have to
le t them bowl?
Q W e ll, le t ' s put I t th is ways c e r ta in ly In order
to maintain your approval by the American Bowling Congress,
you are required to permit any person who is a member o f the
league and holds an American Bowling Congress' card , the
league or asso c ia tio n o f which h e 's a part req u ires that he be
permitted to (Jay, whether he's b lack , blue green or brown;
I s n 't that true?
A I don't know.
Q You don't know?
A I do not know.
Q You a ren 't fa m ilia r w ith ABC reg u latio ns?
A Not that much. I know I belong to them m yself but
not that much.
Q In other words, during the time that the c it y
a sso c ia t io n is conducting th is tournament, I t takes over
your house, Is n 't that true?
A Now, I don't know.
Q You don't know?
Hendly - cross 250
A I don't do any paper work outside o f checking up
at n ig h t.
Q You cou ld n 't refuse a member o f the c it y a sso c ia t io n ,
could you?
A I couldn't refuse?
Q You oouldn't refuse a member o f the c it y asso c ia
t io n . could you?
A I cou ld n 't refuse? 1 haven't got the au th o rity
to refuse anybody a c tu a lly .
Q Then, any refusdal has been brought about as a
re su lt o f what Hr. Null has Indicated toyou. Is that co rrect?
A What re fu sa l?
Q 1 s i id , any refu sa l that you have decided upon
has been the re su lt o f what Hr. Null has Indicated you should do|?
A 1 decided upon? 1 ca n 't follow that question?
Q H r. Null decided whatever re fu s a l, decides whatever
re fu sa ls are to be meted out at your bowling lan es, Is n 't
that true?
A Hr. Null Is the owner.
Q W ell, you d id n 't answer my question?
A I to ld you I can 't follow your questions.
HR. KING: Would you read the question . Hr'
Reporter?
THE COURT: I t ' s not a question o f reading i t .
Hr. King, l e t ' s see I f you ca n 't s im p lify the question .
Try to s im p lify the question for him. He's not follow ing
Hendly - cross 251
The Gdurts
your q uestio ns. See I f you can 't s im p lify I t .
HR. KING: W ell, I would submit, four Honor,
II th ink I t ' s d e lib e ra te .
THE COURT: No, Mr. King; I have some d if f ic u l t y
myself In understanding some o f them.
MR. KING: W ell, I would assume that that would
be the s itu a tio n w ith any atto rney , Your Honor.
THE COURT: No; see I f you can*t simpl Ify the
th ing . I don't th ink h e 's try ing to evade them. I th ink
he's having d if f ic u l t y in understanding you.
MR. KING: A ll r ig h t , s i r .
THE COURT: What's your next question?
_______ JL Hr. King: I b e lieve you indicated that you do
not have league p lay on Sunday night but anybody who gets to
the lan es, I t ' s f i r s t come, f i r s t served b a sts , Is that
r ig h t?
A We on ly have 2k lan es.
Q You d id n 't answer my question , s i r : I t ' s f i r s t
come, f i r s t served b a s is? True??
A I t ' s bowling, Sunday n ig h t, p rize n ig h t; you have
to bowl at Midtown Lanes.
Q W ell, I say , what do you mean by th a t , that you
have to bowl a t Midtown Lanes?
A T h at's one night we refuse a lo t o f people because
Hendly - cross 252
we have no lanes a v a ila b le to them.
Q Yes, but I t ' s f i r s t "-come, f ir s t - se rv e d b a s is ,
Is n 't that true7
A Flrst-oom e, f i r s t served b a s is 7
Q Yes? T h at's hard to answer too?
A Yes, I t I s , f irst-co m e, f i r s t served?
Q The f i r s t person who gets there fo r purpose of
bowling, he Is given a lan e, I f It is not In use; Is n 't that
true?
A T h at's tru e .
Q Then, a person coming In w ith the lanes already
In use , you don't t e l l them to get o u t, do you?
A I t e l l them we can 't accommodate them a t the present
time.
Q But you don't t e l l them to get out?
A No, I d on 't.
Q You don't t e l l them that they can 't p la y , do you?
A No s i r .
Q You don't re fe r them and say there are three p laces
In town that you can p la y , do you?
A Yes s i r e , I have done th a t.
Q To other Negroes?
A To other Negroes?
Q Yes?
A On one occasion • I ca n 't recognize - there was one
Hendly - cross
occasion out thera that happened, yes. I sa id they could go
across the r iv e r at Albany Lanes or at Turner F ie ld or at the
Marine Base, maybe they could accommodate them out th ere .
Q T h at's r ig h t , because they were Negroes and you
w eren't serving them there?
A No s i r .
Q No Negro, aside from the tournament a c t iv i t y , has
ever played at Midtown, to your knowledge, is that true?
Aside from the tournament a c t iv i t ie s , no Negro has played
In any -
A Yes s i r , they have bowled there; they've p racticed
th ere .
Q W ell, th is was the same Negro who p artic ip a te d In
the tournament, w asn't I t ?
A I don't know. I th ink it was two o f them.
Q Yes, but they both played In the tournament. Is n 't
that true?
A This Is true but they bowled In open p lay too.
Q You say then tht Negroes can go out and the p o licy
o f Midtown Is that Negroes may go out there and bowl?
A P o licy ?
Q Yes?
A What do you mean by "p o licy "?
Q That I s , I f I came out or any other Negro came o ut,
you would have me turned away?
253
!
Hendly • cross 254
Q I f we had a lane a v a ila b le , you would probably bowl.
Q Probably? I see . Why Is It problem atical as to
whether I would be permitted to bowl or not?
A Probably? Excuse me?
Q Why Is It doubtful o r why is I t le f t to oonjecture
that I would be permitted to bowl. I f there were a lane
a v a ila b le ?
A You mean, I f you walked up at the control counter,
you mean that I wouj Id refuse you to bowl?
THE COURT: He's ask ing , h e 's ask ing , he 's Just
asking . Would you? T h at's what he 's asking?
A The W itness: No s i r .
THE COURT: A ll r ig h t , h is answer Is “no," that
he would not.
_______ fi Hr. King; So, you say that Negroes who bowled
In the tournament a lso bowled In open p lay?
A Yes s i r .
Q That Is your testim ony?
A Yes s i r .
Q No fu rth er questions.
REDIRECT EXAMINATION
BY HR. RENTZ:
Q Hr. Hendly, s ta te whether or not you hs/e ever
referred whdte persons who have presented themselves at the
control counter to bowl to the other lanes because your lanes
were f i l l e d ?
Hendly - red ire ct 255
A Quite a few tim es.
BY THE COURT i
Q Let me be sure I unddrstand that la s t question ,
not the la s t one but I mean the one Immediately before:
As I understand I t , I f a Negro presented h im self a t Hldtown
Bowllngr Lanes to bowl and you have lanes a v a ila b le for
use, he would be allowed to bowl. Is that your answer to
that question?
A Yes s i r .
Q A ll r ig h t , you may go down.
HR. KING: Old he answer I t In the a ff irm a tiv e ?
THE COURT: Yes.
HR. RENTZ: C a ll Hr. N u ll.
THE COURT: W e'll tAke a short break a t th is time.
RECESS: 4:00 PH to 4:15 PH - OCTOBER 29. 1965
■QtiPUMJL 256
a party Defendant, ca lle d as w itness
by the Defendants, duly sworn, t e s t if ie d
DIRECT EXAMINATION
BY MR. RENTZ:
Q You have been sworn, haven't you?
A Yes.
Q Your name Is Mr. Glen Null and you're the owner and
operator o f Midtown Bowling Lanes and you are the p rin c ip a l
defendant In th is case?
yA es s i r .
• #
Q A ll r ig h t , where is your home town, Mr. N u ll? Where
a ns you o r ig in a l ly from?
A Akron, Ohio.
Q Speak up so we can a l l hear you. When did you
come to Albany, Mr. N u ll?
A Ju ly 19. 1941.
Q And I b e lieve you t e s t if ie d on cross-exam ination
that you assumed the management o f Midtown Lanes In '62 ,
1962?
A August 1, 1962.
Q A ll r ig h t , had you been In the bowling business p rio r
to August, 1962?
A Yes, 1 opened up on Washington S treet In *41 and
maintained the business w ith about the same amount o f lanes
u n t il I went to Midtown Lanes.
Q Now, where Is Midtown Bowling Lanes In Albany?
Null - d ira c t 257
A 1200 West Broad.
Q A ll r ig h t , t e l l us something about the area out
th e re , the neighborhood In which you're located?
A W ell, you want the d istance o f some certa in p la ce .
Q T e l l me what Is located d ir e c t ly In front o f Midtown
Bowling Lanes?
A An Implement company r ig h t acro ss .
THE COURT: lt * s a shopping cen ter. Is n 't I t ?
The W itness: I t ' s Ju st beyond the shopping cen ter.
THE COURT: What Is I t ? Lead him enough to get
the Information about th a t.
Q Mr. Rentz: What Is located behind Midtown Lanes?
A Feed s to re . I f you want to c a l l I t a feed sto e .
Q T h at's klnd-of an In d u stria l area out th ere , Is n 't
I t Mr. N u ll?
A Yes, th a t 's r ig h t .
Q And the shopping center that the Judge mentioned
Is ba ck toward US-82, In te rsta te 82?
A R ight.
Q From the bowling a lle y ?
A Yes.
Q A ll r ig h t s i r , how far Is Midtown Bowling Lanes
from the In te rsta te highway?
A I Imagine 1000 or 1200 fe e t.
Q Now, you've heard testimony about whether or not
Null - d ire c t
Midtown Lanes can be seen from In te rsta te 82; t e l l
o f the build ing can be seen from the In te rsta te hi
any?
A W ell, you might see part o f It or part o f the s id e ;
you'd never see It a l l .
Q Would you recognize I t as a bowling a l le y from the
In te rsta te highway, H r. N ull?
A I don't know as you would recognize It as to what
le tte r in g would be on I t .
Q How much o f the s ig n , the bowling pin sign on the
front th a t 's been mentioned, can you see from the In te rsta te
highway?
A 1 would say you could see about h a lf o f I t . There's
a porte -co-chere that goes out to the s tre e t that s i t s r ig h t
In front o f I t .
Q Mow, th e re 's been some testimony about a coffee shop
sign that has been there at some time In the p ast; can you see
that coffee shop sign from the In te rsta te highway?
A No, It would be back o f the - that would be out to
the s t re e t .
Q Now Hr. N u ll, areyou p o sit iv e that It cannot be
seen from In te rsta te highway 82?
A I am p o s it iv e because I checked th a t.
Q A ll r ig h t , now t e l l the Court whether or not you
ad vertise your business on any In te rsta te highway, e ith e r the
Null - direct 259
bowling a l le y o r the beverage counter?
A No s i r , I do not, never have.
Q Where do you a d vertise ?
A Where do I a d vertise ?
Q Yes?
A W ell, I mostly ad vertise in the Jo urna l.
Q And what Is th at? Is that an Albany local paper?
A Albany Journal, a weekly paper.
Q A llr ig h t , how far Is Hldtown Lanes from the post
o f f ic e in Albany, Georgia?
A From what?
Q Approximately how many blocks Is Hldtown Lanes
from the post o f f ic e In Albany, Georgia?
A About nine b lo cks.
Q A ll r ig h t , approximately how many blocks Is It
from a local bus sta tio n to Hldtown Lanes?
A 10.
Q 10 b locks?
A T h at's r ig h t .
Q A ll r ig h t , how about tra in depots, how fa r Is It
from t r aln depots, approximately?
A Approximately 16 blocks or 17 b lo cks.
Q A ll r ig h t , I f you w i l l , name any p laces that are
a v a ila b le In the v ic in i t y o f Hldtown Lanes fo r eating ham
burgers or hot dogs or food of that nature . In the area o f
Null - d ire c t 260
Midtown Lanes?
A We have a beverage counter.
Q Excuse me, I th ink you misunderstood my questions
Are there any snack bars or any restau ran ts In the area o f
Mfdtown Bowling Lanes, meaning near Midtown Bowling Lanes?
A It would be Davis B ro s ., which Is on Slappey;
that would be the c lo s e s t .
Q A ll r ig h t , how fa r Is Davis Bros, from Midtown
Bowling Lanes?
A About a thousand fe e t .
Q Do you know what a patron of Midtown Bowling Lanes
Is l ik e ly to do, If he wants to eat?
A I f he asks a question and wonts a suggestion, we -
MR. KING: I o b ject to that question .
THE COURT: I su sta in the o b je ctio n . I su sta in
the o b je ctio n . He doesn't know what a patron Is l ik e ly
to do.
_______ Mr. Rentz: Mr. N u ll, where Is the nearest
hamburger stand to Midtown Bowling Lanes; do you know?
A It would be the C rysta l or the A rt ie Bear.
Qq How fa r Is I t from Midtown Lanes?
A It would be a block - they would have to go -
I couldn't t e l l you hew fa r ; I t would be one block down,
one block south on Slappey Drive and a thousand feet from
the Bowling A lle y to Slappey D rive .
N u l l - didect 261
Q Is the C rysta l on Slappey D rive?
A No, I'm ta lk in g about the A rt ie Bear,
Q Is I t on Slappey Drive or the In te rsta te highway?
A I t ' s on Slappey D rive .
Q And is Slappey Drive the in te rs ta te highway?
A Yes.
Q A ll r ig h t now; you've heard the testimony about
the location o f the beverage counter w ith in Midtown Lanes,
has that testimony been g en era lly co rre ct? About the
location of the beverage counter w ith in Midtown Lanes?
A Yes, I t ' s very c lo se .
Q Do these photographs which I hand you there and
are marked DEFENDANTS' EXHIBITS I through 12, do they
accu ra te ly re f le d t the in te r io r scenes w ith in Midtown Lanes
and the beverage counter?
A Yes s i r , they do.
Q A ll r ig h t , Mr. N u ll, what items are served at
that beverage counter In Midtown Lanes now; what Items are
served?
A What items are served?
Q Yes s i r ?
A Lemonade, orange, Pepsico la and beer.
Q Are any ogher Items served?
A Oh yes.
Q At the present time?
Null - d ire c t 262
A At the present time we have peanuts, c ra ck e rs ,
candy, package ice cream and s t ic k s .
Q A ll r ig h t , le t me ask you th is question) Since
you have been running the beverage counter there and at
times when you have not leased it o u t, at times when it
was under your management, have you ever served any bacon and
eggs In there?
A W ell, w hile it was under my management, we have
never served nothing but hot-dogs and hamburgers.
Q A ll r ig h t , w i l l you t e l l the Court something about
how much o f your business at the beverage counter consisted
in the sa le o f hot-dogs or hamburgers at the time you did
s e l l hot-dogs and hamburgers?
A I would have to look at t h is .
Q W ell, I Jus t thought you might ind icate g en era lly
whether or not It was a su b stan tia l portion of your business
or whether a small portion?
A A very smal1 Item.
Q Now, you mentioned, I b e lie v e , or you Indicated that
the beverage counter was not a t a l l times under your manage
ment is that r ig h t?
A T h at's r ig h t .
Q A ll r ig h t , explain to the Court what the s itu a tio n
was when It was under the management of someone e ls e , and
t e l l the Court when It was leased or when It was under the
N u l l - d ire c t 263
management of someone e lse ?
A Floyd A llen came In there when I went there In
August, *42. He took over the restau ran t, to lease .
Q Now, you t e s t if ie d e a r l ie r that you went there
In August, *62?
A R ight.
HR, RENTZ: Your Honor, I'm merely try ing to
c la r i f y It and expedite the m atter.
HR. KING: W e ll, not at the r is k o f te l l in g
him what he t e s t if ie d to .
Q Hr. Rentz: W ell, excuse me, le t me s ta r t over
then: When did you move to Hidtown Lanes?
A August 1, *62.
Q A ll r ig h t , who managed the beverage counter at that
11me?
A Floyd A! ten.
Q A ll r ig h t , and then who took over the management
of the beverage counter?
A I kept I t then for about two months and turned It
over to Carl F red erick for a month and a h a lf .
Q And when was th is that Fred erick had I t ?
A He must have It In June and Ju ly .
Q W ell, do you know what the problem was, a person
taking It fo r about two months and then losing o ut, what was
the problem w ith respect to I t ?
Null - d Ire c t 264
MR. KING: I f Your Honor p le a se s , there hasn 't
been any Ind ication that there has been any problem.
THE COURT: I understand, Mr. King, what he
means by the question: He means why did you change
managements?
MR. KING: I would lik e to assure the Court
that I do understand but th is Is h is w itness and th is
man Is on d ire c t examination.
THE COURT: W e ll, le t ' s don't waste time w ith
things that are so obvious. I t ' s obvious what the
question means.
MR. KING: I take It the Court has overruled
the o b je ctio n .
THE COURT: Yes, I have overruled I t .
Q Mr. Rentz: What caused the management o f the
beverage counter to change so o fte n , Mr. N u ll?
A W ell, because It d id n 't p a y o f f and it wasn't
worth th e ir time to t ry to operate i t .
Q Now, how long has I t been under your personal
management, back under your personal management?
A The past two years.
Q State whether or no t, Mr. N u ll, a t any time during
these past two years It has ever p r in c ip a lly sold food Items
as opposed to beverage Items? Did you understand the question?
A No, w i l l you repeat i t p lease?
Null - d ire c t
Q State whether or not s in ce you have managed the
beverage counter yo u rse lf It has ever been p r in c ip a lly
engaged In s e l l in g food as opposed to s e l l in g beverage items?
A The food never did pay o ff and never had c a l l s for
food.
Q A ll r ig h t , what were some of the problems w ith
respect to food, I f any?
A W ell, tot o f times we would have sp o ilag e , would
be on hand for a long time and such as th a t.
Q A ll r ig h t s i r and what foods would sp o il that you
did have out there?
A We've had hamburgers sp o il and mayonnaise and d if fe r
ent things lik e th a t.
Q A ll r ig h t , Hr. N u ll, did I ask you to prepare from
the records o f your business out there a schedule and breakdown
o f disbursements that you made for beverage Items and foods
and other Items that you sold at the beverage co unter.fo r the
s ix months immediately preceding the month In which th is s u it
ZMwas f i le d ; did 1 ask you to prepare such a breakdown?
A I have i t prepared, yes.
Q You are re fe rrin g to the breakdown that you prepared?
A R ight.
Q You prepared that and how did you go about preparing
i t , that breakdown?
THE COURT: He says from h is books and records.
265
Null - d Ire ct 266
The Court:
Go ahead and ask him about i t . He sa id he prepared
it from h is books and records.
_______ £ Hr. Rentz: A ll r ig h t , s i r , that record that you
are holding th ere , does It Ind icate what your to ta l d isburse
ments for beer were during the months o f December, January,
February, March, A p ril and Hay, beginning In December o f '6*»
and going through May of 1965: does It in d ica te what the
to ta l disbursement was fo r beer?
A Yes s i r .
Q What Is I t ?
A $3,955.27.
Q Now, I am re fe rr in g , Hr. N u ll, to the disbursements
that you made, what you paid out?
A 0 , I thought you were ta lk in g about gross s a le s .
Q A ll r ig h t , a f te r I c a lle d your atten tio n to that
fa c t , what Is the answer to the question?
A $2,265.99.
Q That Is what you paid out for beer from December o f
•64 through May o f *65?
A C o rrect.
Q A ll r ig h t , what did you pay out for so ft drink Items
during that same period?
A $283. M .
Q A ll r ig h t , does that breakdown a lso l i s t your to ta l
Null - d ire c t 267
disbursements for m ilk and Ice cream?
A W ell, we have m ilk and Ice cream, a l l o f It separated.
Q A ll r ig h t , t e l l me what the fig u res are fo r each one?
A H tIk was $107.48.
Q A ll r ig h t , Ice cream, how did you d isburse during
the period that w e're ta lk in g about?
A Ice cream was $116.83.
Q A ll r ig h t , what is the next entry on your breakdown
th ere . Nr. N u ll?
A The hamburgers and hot-dogs.
Q A ll r ig h t , who did you make these disbursements to
for hamburgers and hot dogs?
A T . 6 T . Packing Company and Du-Grow Food Company.
Q A ll r ig h t , what is the location of T . 6 T . Packing
Company?
A They have a p lace o f business here in Albany and
one In Macon.
Q And what did you buy from them?
A Hot-dogs.
Q A ll r ig h t , Du-Grow Foods, In c . , what Is the location
o f DuGrow?
A We bought hamburgers and potatoes.
Q What Is th e ir lo catio n?
A They have a p lace here in Albany.
Q In Albany? Was the merchandise that you bought
from them furnished from the p lace in Albany?
q Nu11 - d Ire c t 268
A Yes.
Q A ll r lg b t , what was the to ta l amount of money that
you disbursed to these two companies during thkppriod that
w e're interested In?
A Could 1 make a co rrectio n on the f i r s t question?
Q Excuse me - yes s i r ?
A The T . 6- T . Packing Company does not have a
location here. The salesman is here but th e ir location is
In Haoon.
Q Macon, Georgia?
A Right.
Q A ll r ig h t , go ahead and t e l l us how much you d ls -
bursed to T . & T . Packing Company and Du-Grow Foods, In c .?
A $231.81.
Q What e ls e , what other category Is re fle c te d on your
breakdown o f disbursements for the period s ix months preceding
the f i l in g o f th is s u it ?
A Tom-s Toasted Peanuts.
Q
Peanuts?
A ll r ig h t , how much did you spend on Tom's Toasted
A $280.90.
Q Do you know where the headquarters and the manufac-
turtng plant o f Tom's Toasted Peanuts is ?
A Columbus, Georgia.
Null - d Ire ct 269
Q What e la se Is re fle c te d on your breakdown o f
disbursements for th ts s ix months period?
A We have a bakery.
Q How much did you spend at the bakery?
A $58.30.
Q What did you buy at the bakery, g en era lly ?
A P a s t r ie s , mostly do-nuts.
Q A ll r ig h t , what is the location o f the bakery?
A I t ' s in the Midtown Shopping Center.
Q In Albany, Georgia?
A Albany, Georgia.
Q A ll r ig h t , what Is the next item on th is d lsburse-
| merit breakdown?
A Colonial bread.
Q What's the location of Colonial bread? Where Is
th e ir bakery?
A They have one heee In town.
Q Here In Albany?
A As far as I know, th a t 's where I t came from.
Q A llr ig h t , how much did you spend at Colonial
Bakery?
A
Q
$138. 66 .
How much money did you spend during th is s ix months
period at the A. 6 P. Grocery Store?
A $183.02.
Hull - d Ire ct 270
Q And what Is the f in a l entry on your breakdownf
Hr. N u ll?
A $3,800 -
Q Excuse me. what Is the f in a l entry that we have
not covered on your s ix months breakdown?
A Georgia c ig a rs .
Q What was the to ta l disbursements to Georgia C ig ars?
A $161.14.
Q A ll r ig h t , you bought c ig a rs and re la ted Items
from Georgia C ig ars?
A Right? and bought napkins and such.
Q Now. did I a lso ask you to prepare a breakdown on
your gross re ce ip ts from the beverage counter during the s ix
months Immediately preceding the f i l in g o f th is s u it?
A Yes.
Q A ll right, did you prepare i t ?
A I d id .
Q And you're holding the breakdown inyour hand and
looking at i t now?
A Yes s i r .
Q And you did th is from your records at the business?
A R ight.
Q These are the same records that you produced for
Attorney King to see a t the timeyour deposition was taken?
A He never got one o f these. I don't know as he got
Null - d ire c t 271
one of these.
- ‘
Q Excuse me - w e ll , I ' l l withdraw the question:
■ • •. . , v. v
Looking a t that breakdown which you prepared form your business
reco rd s, t e l l the Court what your to ta l rece ip ts for beer
*
were during the s ix months Immediately preceding the date
on which th is s u it was f i le d ?
THE COURT: Is th is the same s ix months period
w e're ta lk in g about.
MR. RENT2: The same s ix months, yes s i r .
A The W itness: Gross sa le s were $3,955.27 for beer.
Q Mr. Rentz: Does that a lso re f le c t the to ta l""
gross rece ip ts from so ft drink items for th is s ix months
perlod?
A No; soft drink Items was $1,120.
Q Does It a lso re f le c t the gross rece ip ts for
Tom's Peanuts products during that same s ix months period?
A No, Tom's Toasted Peanuts Is $336.58.
Q Gross rece ip ts from m ilk , the next item lis te d on
the breakdown?
A $107.45.
Q A ll r ig h t , what Is the next category on tha£
breakdown, Mr. N u ll?
A A ll other items, bread, meat, Ice cream, AS>P Store .
Q And what were your gross rece ip ts in that category
during th is s ix months period?
A It was $802.43.
Q A ll r ig h t , does your breakdown a lso show the to ta ls
for each o f these categ o ries?
A Yes s i r .
HR. RENTZt I tender that to be marked 0-13.
_______ £ A ll r ig h t . Hr. N u ll, le t ' s go back to the bowling
a lle y now and I want you to t e l l the Court whether or not
you have ever presented any film s o f any type In the bowling
a lle y ?
A No s i r . never have.
Q Have you presented any type o f performance which
has moved In in te rsta te commerce; by th a t. I mean any
performance which has come from some sta te outside o f Georgia?
A No p ro fe ss io n a ls .
Q Have you ever presented any teams which have
moved in in te rs ta te commerce, any type o f a t h le t ic teams?
A Not s in ce about two years period , the past two
years. We've had trave lin g teams.
Q Pardon me?
A We've had trave lin g team about two years ago -
year before la s t .
Q Back when you had the trave lin g team, s ta te whether
or not you ever presented - but wait - do I understand you
to t e s t i f y that you did present a trave lin g team w ith the
tra v e lin g league in Hldtown Lanes?
Null - d ire c t 272
'
Null - d ire c t 273
A Oh yes, they bowled there and they bowled at these
other 4 or 5 p la ce s , T Ifto n , Macon -
Q A ll r ig h t and when was that?
A About two years ago or year before la s t was the
las t they bowled.
Q Before Ju ly o f 1964?
A R ight.
Q Mr. N u ll, do you remember approximately what the
gross income from the bowling a l le y , as opposed to the
beverage counter, Is for the past year?
A The past year?
Q Yes s i r ; w e ll , say during 1964?
A I don't know I f I have that w ith me or not. I'v e
got one over there for the past s ix months.
Q Pardon me, s i r ?
A I th ink yo u 'll find one in there.
Q Do you have the fig u res In mind o f your gross
rece ip ts from the bowling a l le y i t s e l f , as opposed to the
beverage oounter?
A I t ' s separated.
Q What was the income during the yeard 1964 from
the bowling a lle y i t s e l f ; do you know approximate!y?
A It would be in the neighborhood o f $60,000.
Q And I b e lieve your answers to the in terro g ato ries
re f le c t that your income during the year 1964 from the
I
beverage counter, your gross rece ip ts from the beverage
counter during the year 1964 were around $14,000; Is that
r ig h t?
A $14,000.
Q Old I ask you, Mr. N u ll, whether or not you
advertised your bowling a l le y or your beverage counter on
any in te rsta te highway?
A You did ask me that and I d on 't.
Q And w hat's the answer?
A No.
Q A ll r ig h t , now you've been In oourt a l l day and
you've heard some of the testimony about reoonditlontng
lanes: when do you a l l norm ally do that out there and how
often do you do i t ?
A I t ' s done twice a day.
Q Twice a day?
A Yes.
Q And what does th is reconditioning the lanes co n sist
o f?
A It co n s ists of cleaning and recond ition ing . You
put a preserver on to preserve the f in is h and wiping them
down.
Q At what hour do your normally do th is or do you have
any r ig id hours?
q Null - d ire c t 274
A I t ' s u su a lly run a fte r we clo se up and then along
Null - d ire c t 275
about 5 o 'c lo ck In the evening.
Q A ll r ig h t* during t h is time that yoJre recondi
tion ing the lan es , sta te whether or not the bowling a l le y
Is open for business?
A Not w h ile w e're In the process o f c lean in g , no.
Q Now, Hr. N u ll, s ta te what your p o licy is w ith
respect to whether or not you accept reservat ions for
reserving bowling lanes?
A We couldn't - we don't have a p o licy on th at.
We don't reserve any lan es. The only lanes that would
be reserved Is through a league an«f they set a night that
they wish to bowl and an hour; and at that hour they take
th e ir stand on th e ir ce rta in lanes.
Q Would that have been your p o licy on Apr 11 25, 1965?
A Yes.
Q The p o lic y of not accepting reserva tio n s?
A Yes.
Q A ll r ig h t , now you mentioned a minute ago
the leagues: explain to the Gourt the s itu a tio n o f running
a bowling a l le y and maintaining leagues and whether or not
they f i l l the bowling a l le y to i t s capacity during the time
in which the leagues are bowling? Explain to the Court
how th a t 's tru e . You heard that testimony; now, explain
th is to the Court?
HR. KING: I f Your Honor p le a ses , there are
Hr. King:
several questions and so that counsel M ill have the
benefit o f knowing what h is cross-exam ination Is going
to be d irected to , I would request that he ask one
question at a time.
THE COURT: W e ll, he askedc him to explain the
whole th ing . I th ink th a t 's a l l one question . Go ahead.
Q Hr. Rentz: Speak out c le a r ly now so that counsel
can hear you?
A In order to make a bowling a lle y what you would
c a l l a bowling a l le y which you could run to an advantage
and worth your tim e, you've got to e s ta b lish -
Q Excuse me, Hr. N u ll, t ry to speak up a l i t t l e b it
louder so that Attorney King can hear you?
A You've got to e s ta b lis h leagues and those leagues
co n sist o f from 6 to 14 teams, and on those teams they run
from U to 5 bowlers. And you set up a night in which they
want to bowl and you have to arrange them a l l through the
week, so that you have your a l le y s taken care o f , because
th a t 's your only source o f Income through the season. I f
you d id n 't have leagues e sta b lish e d , your open p lay would
do you very l i t t l e good.
Q A ll r ig h t s i r , Hr. N u ll, what do you a l l do when
you fin d that you haven't got enough leagues to take up
a l l o f the lan es, what do you do?
Null - d ire c t 276
Null - d ire c t 277
A W ell, we have to get out and h u stle .
Q What do you mean by th at?
A W elt, we have to t ry to put a league on th ere ,
because I f we le t that lane run empty or those other lanes
run empty, we've got to pay for the lineage th a t 's going on
and we don't have a f u l l house. We have the f u l l house to
take care o f and w e're losing money by not having it f u l l .
Q How many n ights a week do you have a fu l l house?
A A f u l l house, i f you want to c a l l i t th a t, league
n ig h ts , we have a l l to ld , counting our Sunday night p rize
d e a l, s ix n ights a week.
Q And what night Is not included w ith in those nights
In which i t ' s f i l l e d , the bowling a lle y s ?
A Open Is on Saturday n ig h t.
Q Saturday n ight?
A Yes.
Q Mr. N u ll, do you know whether or not any colored
people have ever bowled at the bowling a lle y ?
A Yes, they've bowled in a sso c ia t io n s .
Q Do you know how many and how many times?
A W ell, they bowled In the tournament and a lso in
p ra c tice before-hand.
Q A ll right, do you know o f any other group that has -
group o f colored people that have bowled out there at any
other time?
Null - d ire c t 278
A Dr. Turner has h is -
Q Dr. Turner is a p sy c h ia tr is t here In Albany?
A He has a group o f p atien ts that come In there
every Thursday; and they've had three d iffe re n t ones that
I know o f that have come In there and bowled, colored.
Q Three d iffe re n t colored people?
A R ight.
Q Have you ever thrown them out for coming In there
w ith colored people?
A No s I r .
Q Have you ever objected to them bowling?
A No s i r .
Q Now, Hr. N u ll, you have been In court and you've
heard some testimony to the e ffe c t that you conferred w ith
Hr. Hendly when some oolored people came out to Hldtown to
bowl on one of the Instances which they have a lleg ed and set
out In th e ir com plaint: Is that testimony true?
A No s i r , the on ly thing I know about them coming
In there Is when H r. Hendly le t me know la t e r .
HR. KING: What?
HR. RENTZ: When Hr. Hendly le t him know la t e r .
Q Have you ever ta lked yo u rse lf to any colored
people that have presented themselves at the control counter
at any time, at the control counter to bowl?
A No, Hendly took care o f a l l o f th a t.
Nut 1 - d ire c t 279
Q Alt r ig h t , state* whether or not you have ever to ld
Mr.Hendly or any other employee anything about any p o licy to
exclude colored people?
A No, I'v e never set up a p o licy to exclude anyone.
Q State whether or not you had any p o licy to exclude
Negroes on May 20, 1965?
A No, we had no p o lic y .
Q What do you know about these Incidents that have
been talked about In the evidence today, the May 20 incident
and the A p ril 25, 1965 Incident?
A W ell, a l l I know about them Is what I'v e seen;
I saw them th ere .
Q W e ll, on which occasion did you see them there
and what do you mean when gou say "see them there"?
A You're ta lk in g about bowling#?
Q Yes s i r ?
A Or ju s t the people that came In .
Q The people that came in?
A Oh, I d id n 't see those people that came in . Mr.
Hendly came and n o tif ie d me la te r on, a fte r It was o ver.
Q A ll r ig h t s i r , do you remember which Incident you're
ta lk in g about, the May 20 Incident or the A pril 25 in c id en t,
when you say that Mr. Hendly came la te r and told you a fte r
they had gone?
A He to ld me both o f those events, he told me la t e r .
Null - d Ire ct 280
Both o f those events Mere to ld to me la te r .
Q Oh, I sees that answer ap p lies to both inc id ents?
A Yes.
Q During the time that you have been at HIdtown
Lanes, Mr. N u ll, s ta te whether or not any colored person
|has ever presented him self to the beverage counter for
se rv ice that you have seen?
A I'v e never seen any colored at the beverage counter;
and, as fa r as I know, none has ever been th ere .
Q Doyou know o f any that have asked for se rv ice at
the beverage oounter without going over to the beverage
counter?
A No s ir .w
Q Mr. N u ll, w i l l you sta te whether o r not you are
forced by any outside organization to allow Negroes to
bowl In the C ity A ssociation?
A We're not forced to allow anyone or g ive anyone
the p r iv ile g e , w e're not forced to do any of th a t, whether
they have ABC card or what they have. That doesn't mean
that we have to le t them bowl, whether th ey 're w h ite , colored
or what. That ABC card doesn't mean anything as fa r as the
place o f business is concerned.
Q Are you forced to p a rt ic ip a te in the C ity A ssociation
tournaments; doyou have to do that?
A No, we don't have to do that
Null - d ire c t
Q Z ls It a voluntary thing on your p art?
A That's r ig h t .
Q A ll r ig h t . Hr. N u ll, th e re 's been some testimony
about a sign that at one time was out in front o f the lanes
the "Coffee Shop" sign ; now, t e l l usW about that sign ; did
you put it out there?
A No s i r , that sign was there when I came there .
Q Do you know who put it there?
A Foremost D a ir ie s .
Q Do you know when they put it there?
A No, I don't know when they put it there .
Q Why did you take the sign down, Hr. N u ll?
A Because we did not intend to continue on w ith
th e ir product and they want the sign themselves; they've
asked for the s ig n .
Q Did you have a coffee shop at any time out there?
A Oh, no, no; we had no coffee shop. It was the
ice cream that I was re fe rrin g to .
Q A ll r ig h t , Mr. N u ll, do you remember e a r l ie rm
th is morning when you were cross-examined by attorney King
that something was said about a statement In the deposition
to the e ffe c t that you had not sent any f ly e r s or le a f le t s
regarding a sweeper that you were conducting at Hidtown;
t e l l us the circum stances about that sweeper?
A W ell, I have an a s s is ta n t manager over there -
Null - d ire c t 282
Q What's h is name?
A Herman Kramer.
Q A ll r ig h t , s i r , go ahead?
A And h is po sitio n Is to s o l i c i t and promote; and
1 leave that up to him and whatever he did on th a t , i t ' s
very seldom that I know. He goes ahead on h is own. T h at's
why I d id n 't know anything aboutthese le a f le t s that he sent
out.
Q When you say that you d id n 't know anything about
these le a f le t s , you mean that you d id n 't know at the time
you were te s t ify in g on your deposition that was taken?
A T h at's r ig h t , I didn'tknow he had sent the le a f le t
out.
Q A llr ig h t s i r , now sin ce you've been at Midtown
Lanes, I want you to t e l l the Court how many o f these sweeper
tournaments have you conducted or have been conducted by any
o f your employees?
A W ell, th is one that Kramer put on was recent one
but years ago we ran sweepers, lo ca l sweepers.
Q During la s t year - were you through?
A The past year th e re 's one that I know o f .
Q Last year one sweeper tournament?
A This past year.
Q A ll r ig h t , now th e re 's been some testimony about
the S h rln ers being in Albany and they introduced in evidence
Null - d irect 283
a sign showing some "Welcome Nobles" signs up there* Did you
put that sign up there?
A No s i r .
Q Do you know who put I t up there?
A I never saw It being put up; I don't know who
put it up or who took It down; I never seen i t leave nor
I '•■’■ V ' ” . ' i '■ j
see It put up.
Q Do you know how long i t was up there?
A I saw It up there about two mornings that I come
over there ; I don't know.
Q State whether o r not i t ' s the p ra c tice of the
j lo ca l Shriners to put these signs on lo ca l businesses?
'
A Yes, i t must be because i t was a lo ca l mm that
came to me fo r a donation and I gave him $15 because he was
a lo ca l man. I did not give it to him in in te rs ta te commerce.
Q Did you see any Sh rin ers during th is S h rin e rs '
Convention in your establishm ent?
A I d id not see any Shriners because there were
none of them showed - nobody was in there more than people
that 1 see day a fte r day.
Q Mr. N u ll, t e l l the Court something about whether
o r not In te rsta te tra v e le rs frequent your establIshm ent;
do they or do they not?
A They do not.
Q Mr. N u ll, you heard P la in t i f f B ro ad le 's testimony
' •'■ !
" /‘ *• . u., ‘
Null - d ire c t - cro ss
e a r l ie r th is morning, when he Id en tif ie d you as d iscu ss in g ,
as ta lk in g w ith Mr. Hendly a fte r Brodle and the people In
h is group had presented themselves to bowl at Mldtown: was
that testimony true about Mr. Hendly d iscussing the matter
w ith you?
A No, Mr. Hendly to ld me about that la te r In the day,
la te r In the evening.
MR. RENTZ: T h at's a l l , Your Honor.
CROSS EXAMINATION
BY MR. KING:
Q Mr. N u ll, how long does i t take one to clean
down your lanes?
A We u su a lly g ive them about an hour and a h a lf .
Q About an hour and a h a lf?
A Sometimes It takes two hours} i t a l l depends on the
cond ition .
Q T h is Is for the whole house, Is that r ig h t?
A R ight.
Q And I t ' s between an hour and a h a lf and two hours?
A C orrect.
Q So, I t would be between 3 hours a day or about 3
hours a day for the two, Is that r ig h t?
A T h at's r ig h t .
Q Now, when you t a lk about the house being in use by
leagues, you don't mean to suggest by th a t, that during the
at*
Null - cross 285
course o f any one day when lanes are open, there Is n 't some
group in which open bowling takes p lace?
A There 's open bowling In the daytime.
Q Yes, every day; Is n 't that true?
A Yes s i r , I sa id th e re 's open bowling In the daytime.
Q So, at the time that these Negro P la in t i f f s
presented themselves was during the day, except for the
night that we've spoken about; Is n 't that true?
A One event that I know o f Is when the man was
supposed to be taking care o f the lanes; th a t 's the only
one that was presented to me.
Q You admit now that you do know o f the fa c t that
somebody was turned down on the 25th o f A p ril?
A Mr. Hendly to ld me about th at.
Q On that day?
A Anything that came up, he would t e l l me about I t
that day or so.
Q W e ll, d id n 't you t e s t i f y that he to ld you about
It that day?
A Yes, that evening he to ld me about I t , that n ig h t.
Q Do you remember you were asked on in te rro g a to rie s ,
"when did you f i r s t learn that the P la in t Iffs Sh ie ld s and Jones
were refused se rv ice at your establishm ent on A pril 25, 1965";
you say you did know about th at?
A When did I get that?
Null - cross 286
Q Do you remember answering, being asked that
question and g iving that answer?
HR. BURT: May It p lease the Court, 1 d id n 't
understand: what was the answer? I d id n 't understand
counsel. What was the answer he gave? Your Honor
p lease , 1 might have an o b jection here and I d id n 't
understand that he read the answer: I d id n 't catch I t .
THE COURT: The way I understood I t , he quoted
him as saying that he d id n 't know anything about I t .
Q Mr, Kinq:
ever refused?
You d id n 't know that they were
THE COURT: L e t 's see; read him the answer.
HR. BURT: What In terrog ato ry , Counsel?
HR. KING: T h is is the second se t o f Interroga-
to r le s that were sen t, the ones that were answered on
August 2, the ones that he sent on Atgjst 2.
MR. RENTZ:
tory?
What is the number of the tntereoga-
HR. KING: No. 2, 1 b e lieve It I s . Nos. 1 and
2 o f the second s e t .
HR. BURT: Your Honor p le a ses , the terminology
th ere , Question No. 2: "When did you f i r s t learn that
P la in t i f f s Brodle aid Noble were refused se rv ice at
your establishm ent on Hay 26, 1965". Of course, our
p o sitio n Is that they were not refused s e rv ic e . I t ' s an
Null - cross 287
Mr. Burt:
In terp retatio n o f the question and we've been over these .
They were never refused se rv ice and h is answer is very
appropriate because we don't say they were refused.
THE COURT: q 1 understood h is question to re la te
to A pril 25, anyway, and not May 20.
MR. BURT: I b e lieve it was jjhe same question
as to A p ril 25 that It was to May 20) but our point is
"refused se rv ice " Is an In terp retatio n o f what It
oonslsted o f .
THE COURT: In other words, what you're saying
Is that he d id n 't say he d id n 't know anything about the
Incident?
MR. BURT: No s i r .
THE COURT: But the way the question was framed *
MR, BURT: He d id n 't refuse s e rv ic e , th a t 's our
po int.
Mr . King: W e ll, for the e d if ic a t io n o f the
Court and counsel, 1 th ink the Court needs to be e d ifie d
here, there was an Interrogatory f i le d , Your Honor,
No. 63* more s p e c i f ic a l ly , under the o r ig in a l Interroga
to r ie s which Inquired th u s ly : "When did Defendant f i r s t
learn o f P la in t i f f s being removed from these prem ises?"
"When did the Defendant f i r s t learn o f P la in t if f s " and,
o f course, parenthesized here - "re fe rred to in the
Null - cross 288
Hr. King:
"complaint In paragraph 8 (a )" - c lo se paren- "removal
from these premises?"
And, of course, he refused to answer that and out o f
our regard for being sure that he understood, we f i le d
again In terro g ato ries on the 23rd o f Ju ly and the
Interrogatory Is prefaced by the follow ing remarks:
" P la in t i f f s have agreed that Defendants' o b jectlo as
to Interrogatory 63, e tc e te ra , are reasonable and, In
lig h t o f t h is , P la in t i f f s are propounding some o f the
same In terro g ato rles In a c la r i f ie d s ta te ."
Now, In consequence o f th a t , we say "When did you
f i r s t learn that P la in t i f f s Sh ie ld s and Jones were
refused se rv ic e at your establishm ent on A pril 25,
1965"
Q H r. King: And your answer was that you d id n 't
know that the P la in t i f f s were ever refused serv iced ?
A 1 don't th ink they were refused s e rv ic e . They were
to ld the lanes were f i l l e d .
Q Oh, that was the d iit ln c t lo n that you made, Is Shat
co rre ct?
A R ight.
Q Now, I be lieve you t e s t if ie d a moment ago that
th is Foremost sign that had "Coffee Shop" on I t was there
when you got th ere , Is that co rre ct?
Null - cross 289
A Was what?
Q The sign that had MCoffee Shop" on the o utsid e?
A Yes.
Q It was there when you got there , Is that r ig h t?
A A ll o f those signs were out there when I came th ere .
Q R ig h t, and, o f course, you sa id that It le f t a few
nsnths ago because the Foremost Company needed the sign and
wanted its Is n 't that true?
A They sa id i f we w eren't going to patronize them,
there would be no need - that they had other p laces fo r i t .
Q So, they removed it ?
A No, no; I took the sign down.
Q You d id , you took i t down?
A I took I t down.
Q However, th at was s in ce th is s u it has been f i le d .
Is that co rre ct?
A R ight.
Q Now, you spoke In terms o f the F red ericks being
there In June; June o f what year; that i s , as managers o f
the coffee shop?
A It would have been in '62 .
Q Back in *62?
A No, no, w ait a minute! Excuse me. Be '63 because
I went there In August o f '62 . It was in '63 .
Q In *63? You heard the testimony o f H rs. Reber,
Null - cross 290
d id n 't you?
A Oh yes.
Q What she sa id was co rre ct?
A No.
Q It Is n 't co rre ct?
A Not about that because I had leased It to Fred and
he had I t about a month and a h a lf , and he couldn't come
through) so , I retained It again.
Q You sa id what she sa id w asn't true?
A About th a t. Of course, she d id n 't know.
Q Now, you can 't t e s t i f y that she d id n 't know, can you?
A She d id n 't know whether she worked for Fred erick
or me.
Q But is n 't It true that you always paid her, her
sa la ry ?
A Oh yes. I always kept her on the p a y ro ll.
Q Wfat's that?
A I always kept her on the p a y ro ll.
Q Though she was working for the F re d erick s?
A W ell, It was an understanding that I take care of
her and that would come out of the re c e ip ts , but the rece ip ts
d id n 't pay o f f ; so , I had to take o ver.
Q So, is n 't It true that you were r e a l ly running It
a l 1 the time?
A W ell, you could say th at. I would say In a way you
Null - cross 291
could c a l l I t th at because I never le f t It out of my co n tro l.
Q Is n 't I t true that your testimony that you gave on
cross-examInarttion th is morning about what was served there
during the t!mey that is back In A pril and May, you were
s t i l l serving eggs and bacon to people ordering them?
A No, when I was at the counter looking a fte r th a t,
we never served bacon and eggs. A llen d id , when he had I t ,
and I don't know whether Fred erick ever did or not. But
as long as I took care o f I t , I t was nothing but hamburgers
and hot-dogs.
Q Hamburgers and hot-dogs?
A R ight.
Q And yet, the testimony you gave th is morning about
orange Ju ice back in A pril and May is n 't true?
A T h at's tru e .
Q And coffee?
A And co ffee .
THE COURT: He's ta lk in g about food items.
------- “
Mr. Kina: Barbecue?
A No, hamburgers and hot-dogs.
Q
Are you denying that the rece ip ts from Du-Grow
Grocery Company d id n 't show barbecue?
A Not that 1 know anything about.
Q Oh, you don't know anything about th at?
* A ll 1 know is , i t was a l l hamburgers so fa r as
Null - cross 292
T h at's a l l I was supposed to be purchasing from them, was
hamburgers.
Q 1 see; then, you don't deny that there might have
been served barbecue?
A W e ll, It was never put out to the p u b lic that I
know anything about, nothing but hot-dogs and hamburgers.
Q And th is Is what you were serving back In A p ril
and Hay, Is that co rre ct?
A Yes.
Q Then, what Mrs. Reber sa id about that wasn't true
then, huh?
A What did she say about i t ? I don't know what she
sa id about ! t .
Q W e ll, she said that you were serving d rin k s , peanuts
and that so rt o f th ing?
A I never sa id we w eren 't.
Q What's th at?
A I never sa id we w eren't serving drinks and peanuts.
Q Was that a l l you were doing?
A What?
Q That was a l l you were serv in g , w asn't I t ?
A D idn't I say hot-dogs and hamburgers.
. ... 7
HR. RENTZ: Your Honor, he's gone over t h is ,
what they so ld . He sa id they so ld hamburgers and hot-dogs.
THE COURT: W ell, 1 th ink we've been over I t
Null - cross 293
The Court:
so much today, I th ink we must have spent two hours
ta lk in g about peanuts, hot-dogs and hamburgers; and I
th ink everybody has got It c le a r ly In mind what the
s itu a tio n was. I th ink I f we spent another three hours
on I t , I t w ouldn't be any c le a re r than It I s , nor any
more confused than I t I s . I th ink everybody knows
about I t .
- Q Hr. King: Now, you Ind icate that Dr. Turner
came In on Thursdays, r ig h t?
A R ight.
Q At what time?
A He u su a lly came In about 1:30 or 2 o 'c lo c k .i
Q 1:30 or 2:00 on Thursday?
A Yes.
Q You heard the testimony o f Hr. Hendly, d id n 't you,
./ , '
w ith reference to the p o licy o f Hldtown, that being not to
refuse a Negro, I f a Negro came In?
A We don't have a p o lic y .
Q W ell, I f a Negro came th ere , wou Id he not be refused?
A (w o u ld n 't know unless one presented h im se lf.
HR. RENTZ: Excuse me, Hr. N u ll, don't answer
that yet. I want to Interpose an o b jection to te s t ify in g
about what Hr. Null would do I f a p a rt ic u la r thing came
about. I b e lieve he could t e s t i f y about whether o r not
Null - cross 29k
Hr. Rentz:
he had a p o licy but I don't b e lieve he could speculate
about what he would I f ce rta in things happened. T h at's
con jectura l and I o b ject to that question .
THE COURTt Ask him about p o lic y , Hr. King, I f
you wish to do so.
Q Hr. King? Would you refuse the P la in t i f f s I f
they presented themselves -
THE COURTt T h at's what the o b jectio n Is about;
Just don't ask him about s p e c if ic suppositions In the
fu ture ; Ju st ask him about p o lic y . I f you want to ask him.
Q Hr. Kings Your testimony I s , H r. N u ll, that
you don't have any p o lic y . Is that r ig h t?
A T h at's r ig h t .
Q You don't have a p o licy to le t Negroes In or not
to le t them In , Is that r ig h t?
A T h at's r ig h t , we have no p o licy o f d isc rim in a tio n .
Q You don't have a p o licy to le t anybody In who
presents h im se lf, is that oorrect?
A We have no p o lic y .
Q W e ll, the question Is a big d if fe re n t : Is I t your
p o licy to le t anybody who presents him self come Into your
p lace?
A It a l l depends on the condition of the man. If
he looks lik e he can take care o f the lane and such as that
N u l l - cross 295
and knows how to bowl* w e ' l l be glad to le t him bowl.
Q Is there a presumption on your part that any
o f the Defendants ( P la in t i f f s ) would not be able to take
care o f a lane?
A No, 1 d id n 't say they w eren 't.
Q What do you mean by take care o f the lanes?
A W ell, a man can get out there and not be In
condition to bowl and he can dump the b a ll out there and
b u 'st the a lle y s up and cause you a lot o f expense; or he
can t r ip somebody up and then the Insurance conpany would
be on your neck; and, I f he's not In f i t condition to be
out there , we don't want him out th ere .
Q Now, you were asked a moment ago about the S h rln e rs ;
you sa id that you f e l t , 1 b e lie v e , r e la t iv e ly confident that
they were not there?
A I did not see a Shrlner th ere . The on ly one that
came there was a lo ca l man, who came there for a donation,
and which 1 gave him $15 and 1 thought I t was nothing but a
lo ca l d ea l.
Q W ell, how would you know whether one was a Shrlner
or wasn't a S h rln e r, s i r ?
A 1 wouldn't know unless he had some markings.
Q T h at's r ig h t , so you wouldn't know, would you,
whether there were In fact Sh rln ers who bowled there?
A I f he wanted to make him self acquainted, he might
Null - cross 296
come and t e l l me th at; but the on ly ones that I saw In there
were people that I see d a lly .
Q How many people do you have In th ere , say I f you
have a f u l l house, what Is the number that you g en era lly have?
A The most we can have Is 5 to a bed and there are
2k beds.
Q I'm ta lk in g about, you have sp e cta to rs , don't you?
A Oh yes, you might find a dozen o r 20 o r maybe not
even that many; sometimes th e re 's nothing In there but the
bowlers them selves.
Q Are you denying, s i r , that fa m ilie s don't come up
and bowl at your p lace?
A I d id n 't say th a t, no. I sa id sometimes; It a l l
depends on whether the lady wants to come down arid bring the
.
ch ild ren down fo r the nursery o r what.
Q As a matter o f f a c t , during that tournament, that
place was fu l l o f sp e cta to rs , w asn't i t ?
A No, I t wasA't f u l l o f sp ectato rs; I t was fu l lo f
V ’ 4 ' '*>■ tbowlers that come on as soon as the event th a t 's on now;
.'.i' ■
as soon as that was o f f , these others were ready to go on.
Q Then, i t would put those that were not a c tu a lly
playing in the p o sitio n o f being sp ecta to rs . Is n 't that true?
A Are you going to c a l l a bowler a spectato r? He
was w aiting for h is turn to get on the lane.
Q What about the range and the g r i l l th a t 's s t i l l
Null - cross
th ere , Hr. N ull?
A I t ' s my property.
Q l t ‘ s your property?
A R ight.
Q You saw f i t to move the sign that says "Coffee
Shop" but you haven't moved the g r i l l and the range?
A The sign did not belong to me.
Q Which r e a l ly means that you had no au th o rity to
take any contro l over It then?
A They wanted It down and I took It down.
Q A ll o f the Items that you have spoken o f th is
morning and th is afternoon are sold on premises for con
sumption; Is n 't that true?
A They're sold for consumption.
Q On the prem ises?
A Oh yes, they are sold th ere .
Q For consumption there ; you're ta lk in g about the
beer cans?
A Beer cans? We don’ t handle the cans.
Q Do what?
A We don't handle beer in cans.
Q Oh, you don't handle It In cans?
A No.
Q Then, there a re n 't any innumerable beer cans a l l
over the p lace?
Null - cross 298
A No s i r .
Q As a mattar o f f a c t , people don't come Into your
bowling lanes for the purpose o f buying food to take o u t,
do they?
A No s i r .
THE COURTt
HR. RENTZt
THE COURT:
J i H r. Kino:
Anything fu rth e r , H r. Rentz?
No fu rth er q uestio ns.
You may go down.
W ell, there is Ju st one other question
1 would lik e to ask, and that i s , you Indicated th is morning
that you sold B lack Label been where does that beer come from?
A A tlan ta .
Q A tlan ta?
A R ight.
Q You know It is n 't made th ere , don't you?
A They have a d i s t i l l e r y In A tlan ta .
Q What about S c h llt z ?
A S c h llt z ? That no doubt would come from Hllwaukee
o r F lo r id a . I don't know where It comes from as fa r as
d i s t i l l e r y Is concerned.
Q H i l le r ' s High L if e ?
A Host a l l o f them - the on ly one that 1 know of
th a t 's In Georgia would be B lack Lab e l.
Q And how many brands are there that you s e l l * ?
A How many brands?
Null - cross 299
Q How many brands are there that you use?
A Blue Ribbon, S c h l l t z , Bud-, C a rlin g 's B lack Label
and F a ls t a f f .
Q And a l l o f them except one comes from out o f s ta te
to your knowledge?
A I Imagine they do,
Q You don't have any question about I t , do you?
A No, 1 have no question about i t ,
THE COURT: A ll r ig h t , you may go down. Anything
further for the Defendants?
HR, RENTZ: We res^ . Your Honor.
THE COURT: Anything In rebutta l fo r the P la in t if f s
MR. RENTZ: Excuse me, Your Honor, 1 would lik e
to introduce the e x h ib its that have been marked for
Id e n t if ic a t io n . The Court has seen these p ictu res
DEFENDANTS' 1 through 12; and th is is the breakdown,
DEFENDANTS' 13 and 14, that Mr. Null t e s t if ie d from.
MR. KING: Your Honor p le a se s , I would l ik e
to ask one o r two questions w ith reference to these
photographs, If I may?
BY MR. KING:
Q Mr. N u ll, did you take these photographs?
A The Mrs. took them.
iy i *• .V i
Q Who is that?
.-../A-lj
A My w ife took them.
Q Your w ife took them?
A Yes.
Q Were you there when she took them?
A I was a t the bowling a l le y .
THE COURTx He's t e s t if ie d that they are repre
sentations o f what they purport to show, that the
photographs are oorrect representations o f what they
purport to d e p ic t, hasn 't he?
HR. RENTZs He has, Your Honor, and Hr. Hendly has.
Q H r.K ing : Do you know the young men who are
seated there at the counter w ith b o ttle s o f beer In th e ir hands?
A I do.
Q T h is Is D-10t who are they?
A The f i r s t one Is V ir g i l Rams. Is that name Rams?
Ramson, Ramson, th a t 's r ig h t . The other man Is Ronnie Bolton.
Q Do they bowl In your bowling a lle y ?
A Yes.
Q Are they lo ca l people?
A They a re .
Q Now, I c a l l your attention to what has been
Id en tif ied as D-9 and 1 ask you Is n 't I t true that th is Is —
what are these o b je c ts , three It seems to be, eq u ally spaced
above the lunch counter?
A T h at's a peg-board up th ere .
Q And Is n 't It true that there was food e x h ib its o f
N u l l - cross 300
Null - cross 301
various s o r t s , menus and that so rt o f thing reg istered on them?
! < / j s ‘ i i :
A A1len had some o f them.
Q A llen had some on, and they were taken down as
a condition of taking those photographs?
A Oh no, they've been down for a year.
Q They've been down for a year?
A A long tim e, th a t 's r ig h t .
Q They had p ictu re s o f food and that so rt of thing
on them?
A He had menus on them.
.
Q Yes; that would go for the other area hare, which
seems to be a peg-board? There Is a lso a peg-board —
A No.
Q What I s th a t , Hr. N u ll?
A T h at's the s ta r t o f the over-hang o f the g r i l l .
Q And there were o ther food p lacards asid e from the
,?•' v ' * i
ones that were taken down. Is n 't that trua?
A They were already up; what he had were up th ere .
Q And I t ' s your testimony that they've been down for
over a year?
A Yes, un less I t was beverage, on the w a ll .
REDIRECT EXAMINATION
BY HR. RENTZ:
Q H r. N u ll, these food p lacards that Attorney King
has asked you dbout; did you put any o f them up there?
Null - ced irect 302
A No s i r .
Q Th is g r i l l that Attorney King has asked you about,
did you put the g r i l l In there?
A No, I did not.
Q T e l l us about the g r i l l ?
A How It come about?
Q Was It there when you took over the management?
A It was there when I took over, when I bought I t
from Perk ins.
THE COURT: A ll r ig h t , any o b jection to these
t. *£• ■» * % * .v< >rf
e x h ib its , H r. King?
HR. KING: W ell, I would say c e r ta in ly they
don't re f le c t the condition o f the In te r io r o f the lunch-
counter at the time that they were taken.
_______ ft Hr. King: It Is your testimony that these were
recen tly taken, is tt not?
A They were taken not very long ago, not too long,
couple o f months ago maybe.
BV THE COURT:
Q W ell, Is the s itu a tio n th ere , at the time these
p ictu re s were taken, had the s itu a tio n at the beverage counter
been changed In anyw ay sin ce la s t A p ril?
A The beverage counter? No; the s itu a t io n Is Just
the way It looks th ere .
THE COURT: A ll r ig h t , I o verru le the o b jectio n
and I admit the p ic t u r e s .
Parry - recalled 303
THE COURTt A ll r ig h t , anything fu rth er?
HR. RENTZ: T h at's a l l ; we r e s t . Your Honor.
THE COURT: Anything in rebuttal fo r the
P la in t i f f s , Hr. King?
HR. KING: The P la in t i f f c a l l s Hr. Jim P arry .
JAHES S. PARRY
w itness p rev io u sly ca lle d by P la in t i f f s ,
being re c a lle d , t e s t if ie d fu rth er on
REDIRECT EXAHINATION
BY HR. KING:
Q H r. P a rry , I ask you whether o r not you have
eaten a t the Hidtown Bowling Lanes lunch-counter w ith in
the la s t 3 or k months?
A No, I have not.
Q Have you eaten a t the lunch-counter at a time
e a r l ie r than that?
A Yes. Would you define what you mean by "eating"?
' \ ... 1
Q W ell, w i l l you Ind icate when you ate there?
A I was a t the Hidtown -
THE COURT: T h is Is Ju st rep etitio n o f what
he t e s t if ie d e a r l ie r today. He t e s t if ie d hd went out
there and had a m ilk-shake and the young lady he was
w ith had something e ls e . Is that what yoy're getting a t?
HR. KING: No, It I s n ' t .
Parry • re ca lle d 30k
THE COURT* A ll r ig h t , go ahead.
MR. KING: I t ' s part of the evidence, I would
submit, Your Honor, as necessary foundation.
THE COURT: Go ahead. T e ll us when you were
out there .
A The W Itness: I was out there In la te May, I had
a m ilk-shake.
Q Mr. King: I ask you, did you have an opportunity
to observe any advertisem ents -
THE COURT: Now, le t ' s go back and see) you sa id
It was something d if fe re n t ; now, how is that d if fe re n t?
Is n 't that ex a ctly what he t e s t if ie d to e a r l ie r today?
BY THE COURT*
Q D idn't you t e s t i f y e a r l ie r today that you were out
there and had a m ilk-shake and the young lady you were w ith
had a Coke?
A Had co ffee .
Q Had co ffee?
A Yes s i r .
THE COURT? T h a t's the same th ing . A ll r ig h t ,
go ahead and ask your next question but le t ' s don't
repeat anything Ju st fo r the sake o f repeating .
BY MR. KING:
Q Did you see any menu out there w h ile you were there?
A Not a menu in the sense o f a p rinted s i Ip o f paper.
Parry - re ca lle d 305
There were p lacards on the w a l l , ad vertisin g -
Q W ill you Ind icate what some o f these p lacards s a id ,
I f you know?
A They sa id things l ik e hamburgers. I be lieve one
sa id c h i le . They had l ik e bacon and eggs, ham and eggs
and that so rt o f th ing .
Q Now, I ask you whether or not at the time that you
Indicated that you went out In the evening, during the time
that the Nobles were here, did you have an occasion to take
down tag numbers o f automobiles that were there?
A I d id .
Q Do you have the l i s t that you made w ith you?
A 1 do.
Q THE COURTt What's th is In rebuttal o f , Mr. King?
You put him up In reb u tta l} w hat's I t In rebuttal o f?
MR. KING: T h is Is the testimony o f Mr. N u ll,
who Ind icates that he Is s u b s ta n t ia lly convinced that
there were not any Shrlners who came to hts p lace o f
b usiness.
THE COURT: Now, I f you're going to have tag
numbers, how Is that going to prove that there were
S h rln ers who went In h is p lace of b u sin ess.
MR. KING: W e ll, le t ' s say t h is , Your Honor}
It Is cum ulative.
THE COURT: A ll r ig h t , I ' l l see how fa r he goes.
Go ahead.
Parry - re ca lla d 306
_______ £ Hr. King: Would you e x h ib it what you have?
A I'm not sure how le g ib le it I s .
Q Would you read Into the record the tag nunbers o f
the cars and so on?
A On October 14. 1965. at approximately 8 :4 5 . there
were 3 separate arftas In which cars were parked. There were
cars parked in the parking lo t on the west s id e o f the bowling
a lle y } there were cars parked In front o f the bowling a lle y }
there were cars parked In Midtown Shopping Center parking
lo t d ir e c t ly ad jacent to Midtown Lanes, and nowhere near any
o f the s to re s . These la t te r c a rs , there was a wide area In
which there were no cars between them and the cars parked
around the sto res In Midtown shopping area . There were,
In other words, a t le a st two d is t in c t concentrations of
c a r s , w ith no cars In between.
Q W ill you Ind icate the tag numbers o f cars that
you took down and the States from whence o r which were
indicated on those tags?
A Okay. In the Midtown Lanes lo t there was F lo rid a
4-D-16407.
Q W e ll, In the In te re st o f saving time, I f y o u 'll
Ju st enumerate the s ta te s?
A And leave out the tag numbers?
Q Yes?
A Okay. Michigan. In the shopping center lo t there
Parry * re ca lle d 307
were F lo r id a , Ohio, 2 Nebraska - w e ll , 2 Ohios and 2 Nebraskas.
I went out again on F rid a y , the 15th, about 7 :45 .
In the shopping center lo t there was a car from South Carodlna
and one from Alabama. People from the Alabama car got out
o f the car and went into Hidtown lan es. In the Lanes' lot
there was one South Caro lina c a r .
I went back again at 10:00 P. H. on the 15th:
In the shopping center lo t there was a car from South
C aro lina and a car from Alabama, the same two that were
there before. A new car from Kentucky. In front of the
bowling a l le y there was a car from New Jersey and in the
bowling a l le y lo t there was one from South C aro lin a , the
same one that had been there e a r l ie r .
Q Now, on the la te r occasion -
MR. BURT: Now, i f Your Honor p lease , we move
to exclude th is testimony on the ground that it is not
in re b u tta l. This w itness was on the stand th is morning
and he gave ce rta in testim ony, although th is morning he
had no records! but, be that as i t may, we say that it
is not true rebuttal testimony.
THE COURT:
MR. BURT:
THE COURT:
1 know i t I s n 't .
And we move that
I know It Is n 't !
(t be excluded,
i t ' s Ju st cumulative
but I'm going to le t I t go in . Go ahead, go ahead.
Q Mr. King: Th is was on the la te r occasion the
Parry - re ca lle d 308
la t te r s ta te s that you enumerated that you observed?
A Excuse me?
Q The States that you have indicated on the la s t
o ccasio n , was th is a fte r 9 o *clo ck at n ight?
A Yes, It was about 10:00, I b e lieve .
Q About 10 o 'c lo ck ?
A I b e lleve so.
Q Were there any other sto res In the area open at
that time?
A None that I could see .
Q Any other businesses that you observed anywhere
In that area?
A I b e lieve th e re 's a restaurant on the corner but
th a t 's perhaps 1,000 feet away from Midtown. T h a t's on
the corner o f North Slappey and Broad S tre e t .
THE COURT: A l lr ig h t , anything fu rth er from
th is w itn ess?
MR. KING: No, Your Honor.
RECR0SS EXAMINATION
BY MR. BURT:
Q You don't re c a ll my asking you th is morning
about records that you had about your observations?
A You d id n 't a sk me about records, s i r . You asked
me did I have p ictu res and I took no p ic tu re s . This was at
n Ig h t.
Parry - recro ss 309
Q I d id n 't ask you I f you had any notes o r records
to Id en tify ?
A No s i r , you did not.
Q And then counsel came up, you r e c a l l* w ith an
a f f id a v it or statement that you had signed?
A Yes s i r , that w asn't the one i was ta lk in g about.
I was ta lk in g about an a f f id a v it on the second occasion
which Is what you were quizzing me about. That was a f f i
d av it fo r the c a l ls which I made In A p r il .
Q In other words, you had these records In court
w ith you th is morning but you d id n 't present themj is that I t ?
A No s i r .
Q Where were they?
A They were In my pocket p re c ise ly where they were
when 1 Ju st pu lled them o ut. You d id n 't ask me about them,
s i r . You asked me i f I had taken any p ic tu re s .
Q I know I asked you about p ictu res but d id n 't 1
ask you I f you had any records as to dates and events to
which you had t e s t if ie d ?
A You were ta lk in g , s i r , I t was my understanding that
you were ta lk in g about the second o ccasio n , when I went out
there to e a t. I had no records about th at.
Q I asked you -
A I'm so rry , I f you did ask me about the times I
went out in October, I misunderstood you, s i r .
Parry - recross 310
Q Don't you know, as a matter o f f a c t , that cars
from Turner F ie ld out here ca rry tags from a l l s ta te s In
the Union?
A No s i r .
Q You don't know th at?
A No s i r , I 'v e never been to Turner F ie ld .
Q But you don't know whether anybody that got out
i|
of the cars were no n-resid ents, do you?
A I don't know for a f a c t . I d idn 't question them.
THE COURT: A ll r ig h t , anything fu rth er? . . . .
You may go down. Hr. King, anything fu rth er In re b u tta l.
HR. KING: C a ll C h a rile W l11 lam s,p iease.
CHARLES E. WILLIAMS
w itness p rev io u sly ca lle d by P la in t i f f s ,
re ca lle d by P la in t i f f s , t e s t if ie d further
REDIRECT EXAHINATION
BY HR. KING:
Q One question AI want to ask you and that I s , In
cleaning the Hldtown lanes when you worked th ere , how long
’ /• - ‘ r ‘■ '■ • • : : *
did It take you to clean a lane? II
II A You mean a run?'
Q Is that what they c a l l I t , "run"? A ll r ig h t , that
means cleaning them, rubbing them down?
A Yes.
W 1 1 Hams - recal led 311
Q You're shaking your head "y es"7
A Yes.
Q How long would It take you to run them?
A 30 minutes.
Q What's th at?
A 30 minutes.
Q Would th is be the whole house?
A Yes.
Q Now. 1 ask you. how long would It take you to do
each lane?
A W ell, It would take me about approximately 2 minutes.
Q About two minutes?
A Yes.
Q And as you fin ish ed that one. were bowlers permitted
to s ta r t bowling on that lane?
A W ell, they could but they oouldn't because they
have a c a l l and I have to get so far before they s ta r t bowling.
Q W ell, say 2 or 3 lanes over?
A Yes.
Q Were they permitted then to s ta r t using the lanes
that you had gone over?
A Yes s i r , I f we was fa r enough for them to use but
they won't using them because -
Q What was th at?
A I f we were fa r enough from them to use them but we
W illiam s - reca lla d 312
don't want them to usa them because lo t o f them smoking
and f a l l be In h is a l la y .
Q W all, the question I s , did they custom arily usa
the lanes that you had gone o ver, say a fte r you had gotten
over 3 or 4 lan es , was It customary that people would go
and use the lane No. 1 that you started on f i r s t ?
A If they would l ik e to .
Q They were a v a ila b le ; is that what you're saying?
A Yes.
HR. RENTZ: Your Honor, Attorney King Is
te s t ify in g for h is w itn e ss .
THE COURTt Yes. A ll r ig h t , anything fu rth er?
Any furth er examination o f th is w itn ess? . • . A H r ig h t ,
you may go down. Anything fu rth er?
HR. KING: The P la in t i f f s c a l l Sgt. Smith.
SGT.LUCIUS H. SMITH. JR.
p rev io u sly ca lle d by P la in t i f f s , being
re c a lle d by P la in t i f f s , t e s t if ie d on
REDIRECT EXAHINATION
BY HR. KING:
Q H r. Smith, were you ever out at Hldtown Bowling
Lanes on any occasions other than tournament o r asso cia tio n
bowl Ing?
A I was.
Q Would you Ind icate whether or not you were permitted
Sgt. S mi t h- re ca lle d 313
to bowl?
A You mean was I allowed to? No.
Q Would you Ind icate the circum stances?
THE COURT: Now Mr. King, you're going Into a
matter that I p rev io u sly ruled on e a r l ie r today.
Apparently you are ta lk in g about other Incidents
other than alleged In the complaint?
MR. KING: Yes s i r .
THE COURT: I'v e a lready ruled on th a t . Unless
you give the Defendants reasonable no tice o f what you
complain about, what Instances you complain o f , It Is
not f a i r to the defendant to require them to come In
and defend without such reasonable n o t ic e . We went Intp
that th is morning and I'v e ruled on I t .
MR. KING: Mr. Hendly, Your Honor, on cross
examination, as a matter o f f a c t , asserted that It was
not h is p o licy to turn down anybody on, I be lieve he
ca lle d I t , free or open bowling; that Negroes were per
mitted to bowl there In open bowling; and th is rehearsal
that he was ta lk in g about or p ra c t ic e . These are the
s p e c if lc words o f Mr. Hendly and th is Is In refutation
o f th a t.
THE COURT: A ll r ig h t , Mr. Burt.
MR. BURT: Your Honor p lease , of course, as
Your Honog s a id , we have gone over t h is . These p a rt ic u la r
Sgt. Smith - re ca lle d 31**
Mr. Burt:
Incidents that he 's speaking o f , the fa c t that Mr.
Hendty sta tes the p o licy but what he 's try ing to do
Is to use Impeaching o r co ntrad ictory testimony to make out
h is case; and I question whether o r not he can use
th is w itness to make out an a lleg atio n o f v io la t io n
under the C iv il Rights Act when h e 's try ing to Impeach
the w itn e ss . I th ink you can use the testimony to
Impeach a w itness but It doesn't have any probative
value to prove the case . But we s t i l l o b ject to It
on the ground that I t ' s a lso re p e tit io n .
. ' ' :i • '* • - * •/ " ' •*
• 1 . -
1 th ink on e ith e r ground it should not be perm itted.
THE COURT: W e ll, I'm going to allow him to go
Into for the purpose o f p o ssib le Impeachment o f the
w itn e ss. Go ahead, Mr. King.
- Q Mr. King; Would you Ind icate the occasions on
which you presented yo u rse lf fo r bowling, other than asso cla -
tlon bowling or p ra c tice runs re la ted thereto?
A You mean dates and tim es? By o ccasio n s, Is that
what you mean?
Q Yes?
A I don't remember the d ates. I couldn't even -
THE COURT: You don't remember the dates?
The W itness: Not any s p e c if ic dates, no s i r .
Q Mr. King: AH r ig h t , could you g ive me the
Sgt. Smith - re ca lle d 315
month and the approximate date?
A 1 should th ink that It was during the month o f June.
Q June?
A R ight.
Q 1965?
A Th is Is th is year because In Ju ly , 1 le f t .
Q A !1 r ig h t , w i l l you Ind icate what, I f anything,
happened?
A G lad ly ; 1 walked In and 1 asked to bowl and 1 was
to ld I would have to see the manager; and I asked, "Do you
know where the manager is " ; and I was to ld he was out and would
n t be In u n t il a ce rta in time and I le f t .
Q Do you know whom you spoke to?
A No, I don't th ink so . I sa id e a r l ie r I ju s t be1 lev-
ed It was one of the c le rk s that worked there because he was
behind the desk and I assume that he worked there .
Q Was I t during the week-end or do you remember?
A I don't remember s p e c if ic a l ly the day; I'm so rry .
Q Were the lanes open?
A By "open", you mean were they In use at the time?
Q R ight?
A Not a l l o f them.
Q Approximately how many. I f you have any re c o lle c t io n ?
A W ell, on one occasion I would say there was about
one or two being used and the o thers -
Q One or two In use?
Sgt. Smith - re c a lle d 316
A In use at the time; and on the other occasion
approximately k or 5; not over that many, on the le f t hand
s id e going In , or right-hand sid e as you enter the p lace .
Q Now, were both of these occasions that you make
reference to In June?
A I th ink so; they would have to be because I le f t durtnjg
the f i r s t part o f Ju ly and I haven't been In the p lace tn some
tim e. So, It would more or le ss have to be, p o ss ib ly during
the very la t te r part o f May but I wouldn't th ink so; again ,
I'm not sure about s p e c if ic d ates.
Q But you know It was In June?
A I would th ink so , yes.
BY THE COURT:
Q But you can 't t e l l us who It was in the e s ta b lish
ment that you had your conversation w ith?
A No, Your Honor, 1 c a n 't ; 1 walked in and there was
“ " - ’ *- yj * y * ; "
a gentleman behind the desk and 1 spoke to him.
MR. BURT: W ell, In view o f th a t , Your Honor,
i t wouldn't be Impeachment of th is w itn e ss , because th a t 's
the very purpose that he put him up; It wouldn't be
Impeaching Mr. Hendly because he hasn't Id en tif ied him.
THE COURT: A ll r ig h t ; I'm going to l eave It In .
Th is Is what you wanted to get In the record e a r l ie r
th is morning, w asn't i t , that I ruled out? Th is Is
what you wanted to get in the record th is morning?
Sgt. Smith - recalled 317
HR. KING: Ho, not everything, Your Honor,
because, you see , I was In terested a lso In p ro ffering
Into evidence where the equipment came from -
THE COURT: I don't mean th a t. 1 mean, th is was
the other incident that you wanted to get Into the
record?
HR. KING: T hat's co rre c t .
THE COURT: Then, I'm going to change my ru lin g
p rev io u sly made th is morning and 1 am, not o n ly going
to allow th is to go Into the record for the purpose
fo r which you put him up, which Is p o ssib le impeachment
o f Defendants' w itn ess, but I'm going to le t It go
Into the record for a l l purposes, for such value as
I t may have. A llr ig h t , you may go down.
Anything fu rth er?
HR. KING: No s i r .
THE COURT: A ll r ig h t , anything fu rth er from
Defendants?
HR. BURT: Defendant c lo se s , Your Honor. We
would l ik e to make a motion, Your Honor.
THE COURT: A ll r ig h t .
HR. BURT: The Defendants would l ik e to make a
motion, I f Your Honor p le a se , to d ism iss the action on
the ground that It a ff irm a tiv e ly appears from cred ib le
evidence here that there Is no case or controversy which
Defendants* Mot ton 318
Mr. Burt:
e x is t s between P la in t i f f s and the se Defendants.
Secondly, that It a ff irm a tiv e ly appears that
there has been no deprivation o f any c i v i l r ig h ts on
the part o f the P la in t i f f s , that they have had no
deprivation o f any of th e ir c i v i l r ig h ts ; and, In
the a lte rn a t iv e , we ask fo r a Judgment favoring
Defedndants on the ground that n e ith er the bowling
a lle y nor the beverage counter are w ith in the coverage
o f the C iv i l Rights Act o f 196!*.
THE COURT: A ll r ig h t , anything fu rth er from
anybody? . . . 1*11 take the motion along w ith the
case .
A ll r ig h t , the record Is closed un less the Court -
MR. KING: If Your Honor p le a se s , I wanted, In
advance o f c lo s in g , to renew the motion that counsel
had prev io usly made e a r l ie r w ith reference to the
proffering o f evidence re la t in g to the equipment.
THE COURT: W e ll, l*ve already ruled on th a t.
There Is not any use In renewing I t j l*ve already ruled
on th a t.
A ll r ig h t , the record Is now clo sed , un less the
Court In the Court's d isc re tio n decides to reopen It
for some purpose. I f you gentlemen order the record,
le t me have anything you want to f i l e w ith me, I f you
Briefs due 319
The Court:
want to f i l e anything, w ith in twenty (20) days a fte r
you receive the record. I f you don't order the record,
le t me have anything you want to f i l e w ith me w ith in
twenty (20) days from th is date.
The Court now stands In re ce ss .
COURT RECESSED: 5:50 PH - 10-29-65
C e r t i f i c a t e 320
IN THE UNITEO STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
ROY SHIELDS, J R ., W. E . BRODIE, •
WESLEY JONES & WILLIAM NOBLE,
P la in t i f f * '
C iv i l Action
v . '
No. 853
MIDTOWN BOWLING LANES, *
an unincorporated a sso c ia t io n ,
GLEN L . NULL, doing business as * 1
Midtown Bowling Lanes, and
HOWARD HENDI.Y and JOHN DOE, *
Defendants
GEORGIA BIBB COUNTY:
I , Claude Jo in e r, J r . , o f f i c ia l reporter for the above
Court, c e r t if y the foregoing pages numbered I to 319, both
In c lu s iv e , to be a true and co rrect tra n sc r ip t o f proceedings
In hearing as herein stated at Albany, Georgia, October 29,
1965.
SO CERTIFIED, at Macon, Geot$ia, th is the 29th day of
December, 1965.
Ml' OLE DISTRICT OE GEORGIA