Kight v. Auciello Appendix
Public Court Documents
August 7, 1969 - March 17, 1970
Cite this item
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Brief Collection, LDF Court Filings. Kight v. Auciello Appendix, 1969. a5339623-ba9a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/cfafbd4e-e7fc-4986-80eb-242eefed706c/kight-v-auciello-appendix. Accessed June 06, 2025.
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IN THE
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
NO. 71-1108
*
OWEN S. KNIGHT, et al.,
Appe1lants,
v.
ROCCO AUCIELLO, et al.,
Appe1 lees.
On Appeal from the United States District Court
for the District of Massachusetts
APPENDIX
GERALD L. NISSENBAUM
84 Broadway
Somerville, Massachusetts
JACK GREENBERG
MIGHAEL DAVIDSON
SYLVIA DREW
10 Columbus Circle
Room 2030
New York, N.Y. 10019
Attorneys for Appellants
I N D E X
Page
Docket Entries.................................................... i
Complaint - filed 8/7/69 1
Affidavit of Counsel - 8/7/69 .................................. 16
Temporary Restraining Order - 8/7/69 .......................... 19
Motion to Advance and Consolidate - 8/8/69 ................... 21
Defendants' Answer - 11/20/69 ................................ 22
Defendants' Motion to Remove T.R.O. - 11/17/69 ............... 24
Affidavit of Legal Services - 3/16/70 ........................ 25
Plaintiffs' Request for Rulings - 3/23/70 ..................... 28
Supplemental Affidavit of Legal Services - 3/23/70 ........... 33
Defendants' Request for Rulings - 4/3/70 ........................ 34
Court Opinion - April 22, 1970 ................................ 38
Court Judgment - April 24, 1970 ................................ 44
Plaintiffs' Bill of C o s t s ....................................... 45
Plaintiffs' Motion to Amend - 5/1/70............................ 47
(Denied, March 1, 1971 by note
of court on pleading)
Affidavit in Support of Motion to A m e n d ............................
Notice of Appeal......................................................
Transcript of Hearing - 3/17/70 50
V CIVIL DOCKET
UNITED STATES DISTRICT COURT Jury demand date
>. C. Form No. 1 A Rev. C.A. 69-838
T IT L E O F CASE A TTO R N EY S
For plain!iJf: Gerald L. Jjjusenbaunt
fih I'roiciv/ay, Sonerville, Gass.
CW3.*; S . K’lIGHT and
P2EKDE5 IK KhTGHT
ROOCO /.DCJELTD,
A;;:JA A’JCJELLO and
FI LOME'/A ROSSI
j!
!
ij For defendant:
8r .n ik. A , (A & aciei'fi
!i Zo'lM&il i C / H ha£
S T A T IS T IC A L R E C O R D
j .S . 13 mailed 8 -7 -6 ?
'J'.S. 6 mailed ^ -2 7 -7 0
Vdasis of fiction: OTHER •
C iv i l R ights
Action arose at:
COSTS
Clerk
Marshal
Docket fee
Witness fees
Depositions
DAT!': NAMES O R I!
I 1 9 6 ? U E C C U T HO. REC. rise.
; 8—7 From G .L .N . 1 5 00 ] ~ 1
! 8 -8 To T reas. ! 15
1971
3 -3 1 From N. & N. 5 00
4 -1 To T reas. 5
1
00
n —rrtri I
C.A. 69-838-F
’ |
I>AT in
' QnQ i
PKOOHKDINfJS I Date Order
1 Judgment NY
Aug. 7 Complaint, f i le d .
7 ̂ A ffidavit of Counsel, f i le d . |
7 Motion of A tty . Bri an 01ms tend under Rule 6 to permit A tty . Gerald I-. Hissenbaum
to practice before this Court, f i le d .
7 G A Till TY, J. Hearing on p la in tiffs ' prayer for the issuance of n temporary restraining
k order - P la in tiffs ' prayer for TRO Allowed at .1 :i£ P.M. P lain tiffs ordered to
” . post recur;yy in the s*>an of $1$0.C0 - defendants represented at the hearing by !
Hccco Auc 1 ei l o . A t * estod copies riven to counsel for the p la in tiff :
: and to defendant, Rocco Aucicllo in hard in the Office of the Clerk, U. 3.
■ D istrict Court on 8 -7 -6? at it:30 P.M.I
7 i Clerk1s Notes f i le d .
7 | GARRTTx.J. TEMPORARY RESTRAINING ORDER ENTERED. Check for $1.90.00 in lieu
I of bond, fiiecl.
13
i t6|Ur.
Sept.
Summons, i. :u d
Motion to advance and consolidate, f ile d
Motion for special appointment, file d
Jept. ,1 r - ;e Re re fid , b‘; ssen'-ur,-; >’■■■>. pb cb-R n f. i’ f s f i f e d
i oje n t - , 1
0 ° t ,
Nov. 20 |
^ t.ro v . 2 0 |
Nov. 17!
J - 9 7 0 _
liar. 17
18
23
23
Apr. 22
2li
’ i i r s h a l 's return M om-j if f . service:; nado or. Rent. ?.r>, 196?
Moti.on to ext,end time to f f e '■.sever, fi.l-d
H a ft's answer to complaint, f i le d
Discovery Order, issued to counsel
FORD D.<T. Motion to remove the TRO ALLOWED
FORD D.J. Trial begins vithout jury - Evidence - Trial ad j. until Mar. 18, 1970
FORD D.J. Trial continues without jury - Evidence - A ffid avit of legal services,
f ile d - P la in tiff and Defendant rest - Findings of fact and condlusions of law
to be file d in or within one ( i ) week -Advisement.
P la in tiffs ' requests for rulings of Law and Findings of Fact, f ile d
Supplemental A ffid avit of legal Services, filed
Findings of fact and conclusions of law, filed
FORD D .J . Opinion entered
FORD D.J. . Judgment, entered copies to counsel
✓
I). C . 10* A
C R IM IN A L D O C K E T
F0T2D D-J. CIVIL ACTION NO. 6$>-638-F
Kay 1
FROCF.EDING3
1971
Kr«r. 1
16
16
29
Apr. 1
5
Motion to amend and to no amend findings o f fa c t , to make new findings c f fa c t and
to a lte r and amend judgment to conform therewith (Motion fo r new tr ia l and amendment,
of Judgment), f i le d c /s
P la in tiff 's no;.. x i ie cj
IOPjI D .J .. Motion to amend and to so amend findings o f fa c t to make now findings o f fact
and to a lte r and amend judgment to conform therewith - hearing - advisement
1 0 . S . J . . 32r above notion - motion denied - counsel n o tifie d
B i l l o f Costs, f i le d
B i l l o f Costs taxed in the amount o f $liut.60.
P lt f fs notice o f appeal f i le d .
Cost bond in the amt o f $250.00 with Maryland Casualty Co. as surety f i le d .
C ertified cony o f docket entries and orig in a l pleadings delivered to
the Court Of Appeals.
UNITED STATES DISTRICT COURT
4
FOR THE DISTRICT OF MASSACHUSETTS
* * * * * * * * * * * * * * * * * *
OWEN S. KNIGHT AND
PRENDEE M. KNIGHT,
P l a i n t i f f s ,
- vs -
ROCCO AUCIELLO, ANNA AUCIELLO
and FILOMENA ROSSI,
*
*
*
*
*
D e fe n d a n ts .
* * * * * * * * * * * * * * * * * *
CIVIL ACTION
NO. 69-838F
COMPLAINT
1. J u r i s d i c t i o n i s founded on th e A ct o f 1966, 16 S t a t . 27
U n ited S t a t e s Code T i t l e 42 , §1982 , and 1957 P u b l i c Law 8 5 -3 1 5 ,
U nited S ta te s Code T i t l e 28, §1 3 4 3 (2 ) and ( 4 ) .
2 . The d e fe n d a n ts , R occo A u c i e l l o and Anna A u c i e l l o own a
f o u r - f a m i l y r e s id e n c e a t 28 -3 0 Glen S t r e e t , S o m e r v i l l e . T h is house
c o n s i s t s o f f o u r apartm ents , one a t 28 Glen S t r e e t , f i r s t f l o o r ( f i r s t
f l o o r l e f t ) , one a t 28 Glen S t r e e t , second f l o o r (secon d f l o o r l e f t ) ,
one a t 30 Glen S t r e e t , f i r s t f l o o r ( f i r s t f l o o r r i g h t ) and one a t
30 G len S t r e e t , second f l o o r (second f l o o r r i g h t ) . R occo A u c i e l l o
and Anna A u c i e l l o r e s i d e on th e f i r s t f l o o r , 205 P e a r l S t r e e t ,
S o m e r v i l l e .
3. F ilomena R o s s i i s th e daughter o f R occo A u c i e l l o and Anna
A u c i e l l o , and r e s i d e s on th e second f l o o r , 205 P e a r l S t r e e t , Som
e r v i l l e , which house she owns t o g e t h e r w ith h e r husband, E m il io R o s s i .
4 . The J u ly 24, 1969 o f th e S o m e r v i l le J o u rn a l c o n ta in e d an
a d v e r t is e m e n t r e th e apartm ent at 28 Glen S t r e e t , S o m e rv i le , second
f l o o r l e f t ( " th e a p a r tm e n t " ) . A c o p y o f t h i s a d v e r t is e m e n t i s annexed
h e r e t o and marked "A" w ith the s p e c i f i c a d v e r t is e m e n t e n c i r c l e d .
On F r id a y , J u ly 25, 1969 t h i s a d v e r t is e m e n t was brough t o the
a t t e n t i o n o f th e p l a i n t i f f s b y
J u d ith W ilson (T e s te r #1) whose sta tem en t i s annexed h e r e t o and
marked "B " . The P l a i n t i f f , Owen S. K n ight , c a l l e d the number l i s t e d
i n th e a d v e r t is e m e n t and was g iv e n the a d d re ss o f th e apartment b y a
woman answ ering th e te l e p h o n e , b u t not th e p r i c e o f th e apartment as
she in d i c a t e d t h a t h e r f a t h e r was n o t in and th a t she d i d n ' t know the
p r i c e h e r s e l f . T h is woman was l a t e r i d e n t i f i e d as b e in g th e d e fe n d a n t ,
F ilom ena R o s s i . An appointm ent was made t o v iew the apartment a t 7 :3 0
p .m . th a t e v e n in g . At 6 :1 5 p.m . th e p l a i n t i f f , Prendee M. K night,
c a l l e d Mr. A u c i e l l o who s t a t e d th a t th e apartm ent was s t i l l v a c a n t .
The s ta tem ent o f Mrs. K night i s annexed h e r e t o and marked "C " . Mr.
A u c i e l l o agreed t o meed th e p l a i n t i f f s a t th e apartm ent a t 7 :0 0 p.m.
5 . The p l a i n t i f f s a r r iv e d a t t h e apartm ent a t 6 :5 5 p .m . ; went
up t o th e apartm ent, v iew ed th e same w ith th e a s s i s t a n c e o f th e te n a n t
who was then in th e apartm ent, a Mrs. Trant ( " T r a n t " ) . A f t e r v iew in g
th e apartm ent, th e p l a i n t i f f s went d ow n sta irs and w a ite d f o r Mr.
A u c i e l l o t o a r r i v e . When Mr. A u c i e l l o a r r iv e d he d ro v e i n t o the
dr iv ew a y and went up the back s t a i r s t o th e apartm ent. When Mr.
A u c i e l l o came down he in form ed th e p l a i n t i f f s th a t th e apartm ent had
b e e n r e n t e d . Mr. A u c i e l l o asked the p l a i n t i f f s why th e y had n o t c a l l e d ,
and when th e p l a i n t i f f s t o l d him th e y had c a l l e d f o r t y —f i v e m inutes
ago, he s t a t e d t h a t h i s dau ghter , Mrs. R o s s i , had r e n te d th e apartm ent
t h i r t y m inutes ago and had taken a d e p o s i t . Mr. A u c i e l l o then i n
d i c a t e d that he l i k e d c o l o r e d p e o p le and he would l i k e t o r e n t th e
apartm ent t o th e p l a i n t i f f s b eca u se th e y lo o k l i k e "such n i c e p e o p l e " .
The r e n t was t o be E ight ($ 8 0 .0 0 ) D o l la r s o r Nire t y ($ 9 0 .0 0 ) D o l la r s
p e r month. Mr. A u c i e l l o i n d i c a t e d th a t he would t r y t o g iv e the d e p o s i t
b a ck t o th e o t h e r p a r t y and t o c a l l him a t 8 :3 0 p.m . Mr. K night
c a l l e d Mr. A u c i e l l o a t 8 :3 0 , 9:00 and reached him f i n a l l y a t 10 :00p .m .
Mr. A u c i e l l o s t a t e d t h a t th e o th e r p a r t y would n o t ta k e b ack th e
d e p o s i t and th a t Mrs. R o ss i had s ig n e d a c o n t r a c t and th a t n o th in g
c o u ld b e done. Mr. A u c i e l l o i n d i c a t e d th a t th e n e x t t im e h e had an
o p en in g f o r an apartm ent he would c a l l the p l a i n t i f f s .
6 . On Saturday , J u ly 26, 1969 a t 9 :0 0 a .m . J u d ith W ilson ( " T e s t e r
# 1 " ) o f th e S o m e r v i l le F a ir Housing Committee, c a l l e d the number l i s t e d in
2
e n c i r c l e d a d v e r t is e m e n t on "A" and was t o l d b y Mrs. R o s s i t h a t th e a p a r t
ment had n o t y e t been r e n te d and th a t i t c o u ld be seen betw een 7 :0 0 and
9 :3 0 p.m . when Mr. A u c i e l l o would b e t h e r e . Mrs. R o s s i i n d i c a t e d t h a t
th e r e n t would b e about $80 .00 a month u nh eated .
7 . At 7 :0 0 p .m . T e s te r #1 and Mrs. K night a r r iv e d and v iew ed th e
apartm ent, w ith the a s s i s t a n c e o f " T r a n t " . T rant c a l l e d Mr. A u c i e l l o
and a d v is e d him th a t T e s t e r #1 and Mrs. K night were th e r e and Mr.
A u c i e l l o a r r i v e d a few m inutes l a t e r . T e s t e r #1 and Mrs. K night in form ed
Mr. A u c i e l l o th a t th e y had lo o k e d a t th e apartm ent and th a t t h e y l i k e d i t .
Mr. A u c i e l l o su g g e s te d th e y r i d e o v e r t o h i s home and speak w ith Mrs.
A u c i e l l o and Mrs. R o s s i (h is w i f e and daughter r e s p e c t i v e l y ) , th e r e a l
" b o s s e s " . On th e way o v e r Mr. A u c i e l l o acknow ledged h i s r e c o g n i t i o n o f
Mrs. K night b y ask in g "How a re you , Mrs. K n i g h t ? " . A t Mr. A u c i e l l o ' s
home, Mrs. K night was in form ed that an unnamed p a r t y was w i l l i n g t o pay
$120 .00 a month f o r t h i s apartment as th e y p lan n ed t o use two rooms on
th e t h i r d f l o o r as b edroom s. Mrs. K night had n o t v iew ed th e s e rooms as
T rant had in d i c a t e d t h a t th e y co u ld n ot be h e a te d and were u s a b le o n ly
as s t o r a g e s p a c e .
8 . Mr. A u c i e l l o then s a id , "Of c o u r s e , i f Mrs. Knight c o u ld pay
$ 1 2 0 . 0 0 . . . " . Mrs. K night im m ed ia te ly s a id , " I ' l l ta k e i t " . Mrs. A u c i e l l o
th en jumped up and s a id that she and h e r husband would take the apartm ent.
M rs. A u c i e l l o s t a t e d t h a t she and Mr. R o s s i (her s o n - in - l a w ) d id n o t g e t
a l o n g . T h is s ta tem en t was su pported b y Mrs. R o s s i . Mr. A u c i e l l o s t a t e d
t h a t he knew i t would b e a g a in s t th e law t o r e n t t o anyone e l s e and
p rom ised t o c a l l th e p l a i n t i f f s i f he and h i s w i f e d e c id e d n o t t o move i n t o
the apartment th e m s e lv e s . At t h i s p o i n t th e t e le p h o n e ra n g . Mrs. R o ss i
answered th e te l e p h o n e and i n d i c a t e d t o Mr. A u c i e l l o th a t i t was some
one c a l l i n g ab ou t the apartm ent. Mr. A u c i e l l o l e f t t o take th e c a l l
in a n o th e r room . A f t e r f u r t h e r d i s c u s s i o n Mr. A u c i e l l o d rov e Mrs.
W ilson and Mrs. K night back t o th e apartment where Mrs. W ilson had
l e f t h e r c a r .
9 . A t a p p r o x im a te ly 5 :3 0 p.m. on th a t same Saturday ((July 26th ) a
3
Barbara P e tsch eck (T e s te r #2) o f th e L e x in g to n F a ir Housing Committee
c a l l e d th e number in the e n c i r c l e d a d v e r t is e m e n t on "A " . The s ta tem ent
o f Mrs. P e tsch eck i s annexed h e r e t o and marked "D ". The t e le p h o n e was
answered b y Mrs. R o ss i who i n d i c a t e d th a t th e apartment was s t i l l a v a i l
a b l e ; t h a t in a d d i t i o n t o th e t h r e e rooms a d v e r s i t e d , one c o u ld use th e
two unheated bedrooms u p s t a i r s ; t h a t the r e n t was $90 .00 a month; and
t h a t the apartment would b e a v a i l a b l e the f i r s t o f A u gu st . An a p p o in t
ment was made t o v iew th e apartment betw een 7 :0 0 and 7 :3 0 p.m.
10. T e s t e r #2 a r r iv e d a t th e apartment a t a p p r o x im a t e ly 7 :1 0 p.m.
and v iew ed th e apartment w ith the a s s i s t a n c e o f T ra n t . (The 3 rooms and
th e 2 unheated rooms u p s t a i r s were shown) Trant then c a l l e d Mr.
A u c i e l l o who i n d i c a t e d t h a t he c o u ld not come o v e r j u s t then b u t th a t the
apartm ent was a v a i l a b l e and t h a t T rant shou ld g iv e T e s t e r #2 a cup o f
c o f f e e and k eep h e r t h e r e u n t i l Mr. A u c i e l l o a r r i v e d . The c o n v e r s a t i o n
d u r in g c o f f e e was e s s e n t i a l l y th a t Mr. A u c i e l l o had t o l d Trant th a t he
d id n o t want t o r e n t th e apartm ent t o the p e o p le who had come p r e v i o u s l y
( i . e . th e K n ights ) b e c a u s e th e y w ere N egro ; th a t th e Negro c o u p le had
come th e e v e n in g b e f o r e and had been t o l d th a t the apartm ent was tak en ;
t h a t th e N egro woman came t o n ig h t w ith a w h ite f r i e n d ; t h a t Mr. A u c i e l l o
i n v i t e d th e Negro woman and h e r w h ite f r i e n d t o h i s house p r e te n d in g
h i s w i f e was r e a l l y the b o s s ; th a t Mr. A u c i e l l o was the o n l y one who
r e n t s the ap artm en ts ; th a t Mr. A u c i e l l o has many o t h e r apartm en ts ;
t h a t Mr. A u c i e l l o had t o l d th e Negro c o u p le th a t th e r e n t was $125.00
in s t e a d o f $ 9 0 .0 0 ; t h a t Mr. A u c i e l l o had t o l d h e r on the t e le p h o n e th a t
h e was shocked when Mrs. K night had s a id she would pay th e $ 1 2 5 .0 0 ; and
t h a t Mr. A u c i e l l o was g o in g t o t e l l Mrs. K night t h a t he and Mrs.
A u c i e l l o were g o in g t o move i n t o th e apartment th e m se lv e s .
11 . A f t e r a w h i le T e s te r #2 in d i c a t e d she had t o l e a v e , and then
c a l l e d Mr. A u c i e l l o from T r a n t ' s apartm ent. T e s t e r #2 e x p la in e d th a t
she had t o l e a v e f o r th e Cape b u t would re tu rn on August 8 , 1969. Mr.
A u c i e l l o s t a t e d th a t he was h a v in g prob lem s he c o u ld n ot r e l a t e t o
T e s t e r #2 b u t th a t
4
he would n o t r e n t th e apartm ent t o anyone e l s e ; t h a t T e s t e r #2 was a c c e p t
a b l e as a t e n a n t ; th a t th e apartm ent would b e a v a i l a b l e t o T e s t e r #2
on August 8 .
12 . The p l a i n t i f f s were m arried on F ebruary 8, 1969, b u t t h e i r
r e s p e c t i v e p a re n ts were n o t t o l d o f t h i s m arr iage u n t i l May o f 1969.
P r i o r to F ebruary 1969 and c o n t in u in g t o d a te th e p l a i n t i f f s have each
l i v e d a t th e home o f t h e i r r e s p e c t i v e p a r e n t s . S in ce May o f 1969 the
p l a i n t i f f s have u n s u c c e s s f u l l y a ttem pted t o r e n t an apartm ent. Mrs.
K night i s employed a t the N a t io n a l Shawmut Bank in th e p r o o f and t r a n s i t
departm ent and has been so em ployed f o r abou t f i v e months. P r i o r t o th a t
t im e Mrs. K night worked a t th e S ta te S t r e e t Bank and T ru s t in th e a u d i t in g
departm ent f o r about a y e a r . Mr. Knight i s employed b y th e U n ited S ta te s
P o s t O f f i c e , South P o s t a l Annex, B oston , M a ssa ch u se tts as a c l e r k ( p a r t -
time) and has been so employed s in c e September o f 1968. Mr. Knight a l s o
a t t e n d s Newman P re p a ra to ry S c h o o l , 245 M arlborough S t r e e t , B oston and
has a t te n d e d s i n c e September 1968. Mr. K night i s a v e te r a n o f t h r e e and
o n e - h a l f y e a rs A c t i v e Duty w ith th e U nited S ta te s A ir F o r c e , e n t e r in g on
September 18, 1964 and h o n o r a b ly d is c h a r g e d on March 16, 1968.
13 . The p l a i n t i f f s a re in form ed , b e l i e v e and t h e r e f o r e a v e r , th a t
th e d e fe n d a n t s , R occo A u c i e l l o and Anna A u c i e l l o , and t h e i r a g en t r e fu s e d
t o r e n t th e second f l o o r l e f t apartm ent, 28 Glen S t r e e t , S o m e r v i l le to
them s o l e l y on a c co u n t o f th e c o l o r o f th e p l a i n t i f f s ( i . e . b l a c k ) .
14. The p l a i n t i f f s a re in form ed , b e l i e v e and t h e r e f o r e e v e r th a t
th e apartm ent a t second f l o o r l e f t , 28 Glen S t r e e t , S o m e r v i l le i s n o t
o c c u p ie d a t th e p r e s e n t . The p l a i n t i f f s remain d e s i r o u s o f r e n t in g th e
partm ent a t $90 .00 a month unheated , s u b je c t t o a l l la w fu l terms and c o n
d i t i o n s im posed b y th e owner, p r o v id in g th e y are b a s i c a l l y th e same as
r e q u ir e d o f h i s o t h e r t e n a n ts .
15. The p l a i n t i f f s w i l l s u f f e r immediate and i r r e p a r a b l e harm i f ,
p en d in g a h e a r in g , t h i s C ourt f a i l s t o e n j o i n th e d e fe n d a n ts , and t h e i r
a g e n ts , from e x e c u t in g a l e a s e o r o th e r w is e su r r e n d e r in g c o n t r o l o f
t h i s apartm ent.
WHEREFORE, th e p l a i n t i f f s p r a y :
1 . That t h i s Court i s s u e a tem porary o r d e r r e s t r a i n i n g the
d e fe n d a n ts and t h e i r a g en ts from l e a s i n g , r e n t in g o r in any way p e r m i t t in g
5
th e o c cu p a n cy o f the apartm ent, o t h e r than b y th e p l a i n t i f f s .
2 . That, a f t e r h e a r in g , t h i s C ourt i s s u e a p r e l im in a r y i n j u n c t i o n
e n j o i n i n g th e d e fen d a n ts and t h e i r agen ts from l e a s i n g , r e n t in g , o r in
any way p e r m i t t in g th e o ccu p a n cy o f th e apartm ent, o t h e r than b y the
p l a i n t i f f s .
3 . That th e f o r e g o i n g p r e l im in a r y i n j u n c t i o n be made permanent.
4 . That Mr. and Mrs. A u c i e l l o be o rd e r e d t o r e n t the apartm ent
on th e se con d f l o o r l e f t 28 Glen S t r e e t , S o m e r v i l le t o th e p l a i n t i f f s
a t n o t more than $90 .00 a month unheated , s u b j e c t t o a l l la w fu l
term s and c o n d i t i o n s imposed b y th e owner on a l l o f h i s o t h e r t e n a n t s .
5 . That the Court award t o the p l a i n t i f f s such damages as th e y
have s u f f e r e d as a r e s u l t o f th e u n la w fu l a c t i o n o f th e d e fe n d a n ts .
6 . F or such o t h e r and f u r t h e r r e l i e f as t o t h i s C ourt may
seem f i t and p r o p e r , t o g e t h e r w ith t h e i r c o s t s .
By t h e i r a t t o r n e y s ,
NISSENBAUM & NISSENBAUM
Byj____________________________________________
G era ld L. Nissenbaum
84 Broadway
S o m e r v i l l e , M assa ch u se tts
625-5076
Owen S. K n ight , b e in g d u ly sworn, says that he i s one o f th e
p l a i n t i f f s above-nam ed; th a t he has read th e f o r e g o i n g C om p la in t ; and
t h a t th e s ta tem en ts c o n ta in e d t h e r e in a re t r u e , e x c e p t th o s e s t a t e d
t o b e so upon in fo r m a t io n and b e l i e f , and th o s e he b e l i e v e s t o be t r u e .
Owen S . Knight
S u b scr ib e d and sworn t o b e f o r e me t h i s senventh day o f A ugust , 1969.
N otary P u b l i c
6
Prendee M. K n ight , b e in g d u ly sworn, says t h a t she i s one o f
th e p l a i n t i f f s above-nam ed; th a t she has rea d the f o r e g o i n g C om pla in t ;
and t h a t th e s ta tem en ts c o n ta in e d t h e r e in a re t r u e , e x c e p t th o se
s t a t e d t o b e so upon in fo r m a t io n and b e l i e f , and th o s e she b e l i e v e s
t o be t r u e .
Prendee M. K night
S u b scr ib e d and sworn t o t h i s seven th day o f A ugust , 1969.
N otary P u b l i c .
7
THURSDAY, JULY 24, 19** THii p*§a la tW CwWMfi CWo«kU~Sa«*
f 2 Apts. Unfurnished 13 Apartments to Share
'JAM B., Beautifully mod. 4 rm».,
til* bath ^ w carp $140 m o .
bt. Call 8o4-0l99. Hrod.tr
12-cbUjrSl
CAMBRIDGE
The Parkway Cambridge
2585 M u t Ave
N E W apt bid* with all mod.
conv , parkin*, etc. Studio « 1
bedrm. apta. from $145 per
month. Call after 8 M i , Mr.
Carroll. 825-2122 12*ctf
C AM B.. 5 rm i., renov . nr. MIT.
$75 mo Need* furn Male poat
If rad with same. D ay* 868-0420:
ese* 332-8948 l**«
14 Apartments Wonted
W A N T E D : Cple. with 5 chil
dren need 5 room* or more by
Auc Excel. Eef*. Call •15-9171.
14-cbJy9«
C A M B . 3 rm*.. full bath w /w
carpetln*. $135 mo Newly
renovated. Call UN 4 - 2020.
12-cb
b E. SOM ., mod. 4 rm* A bath,
w conv. loc.. nr tr*n*p No
pet*. Rea*. 3*6-1263 12-cbJyl4
SO Nr W E S T " i rm*.. :̂ rd flr
N *w ly renov oil heat, c.h.w
No pets, r.r ohlnl 111 4*4-0656.
^ l2-cbJy2«
F IR E M A N S F A M IL Y w /2 chil
dren, *«*k* 8-8 rm. apt. In
•4o Camb Raaa. r*nt. <66-5987
14-cbJy2«
SOM .. 4 igr newly decorated
rm *.. 1st Hr. ail util*. IncU
15-3384 or 6C6-u364. !2-cbJy26
C A M B . off Huron Ave nr.
Fresh Pond 6 rm* . .‘nd fir.,
enclosed pch*.. all Improve
m ent*. Adult*, no pet* 54.-8328.
12-cbJy26
B E LM O N T, nr. Cent . ultra mod
8 n n a . 2nd Hr . 2 mod bath*,
fpl., dlaliw d l*p . carpeting.
*a r ., landscaped yd.. $350 unh.
A u *. 1 only. l‘6S*s321. 12-*
A T T E N T IO N LA N D L O R D S and
apt. house owner*. W'e have
hundred* of guaranteed screened
tenant* looking for apta In
Camb . Som.. Arl. ar*a. NVe are
specialist* on checking apyl .
lease* and sec. dep. College
R E. 868-8821. $$*•
W A N T E D 6 rm. apt. for hus
band. wife Or 2 children In
8cm .. Camb. or Arl l*t A*1-
desired. 668-0486. 14-cbJy26
Responsible Orad. Stud. *eek»
stu d -ty p e apt. Sept. 1, up to
$90. 364-3280 aft. 5. 14-cmAu2
W A N T E D : 8 rm. apt . 8 chil
dren Camb. or vie. Needed
1MMED PI. call Mr. Anthony
Marchettl, 73 School St., 868-
2794. 14-cbJy26
• Som.. Union 3 rm *.,
r
$95
Som.. Bow S t . 4 rm *. ------ $115
Pearl St . mod. 6 rm*.. ------ $166
6 rm *., newly renov . ---------- $160
D ari* Sq .. 4 m u ., clean $126
Pearl St.. 6 rm*., c le a n ------ $140
Bow St.. I rm* . furn. -------- $125
8orn. A t* . 2 rm* fu rn ,
O S e s . 402b Highland Ave
D a n . Square
625-5042
$150 I
H O U SE OR A P T . S bedrm. WIU
pay approx. $300 mo. for un-
fum . Desire pleasant O conv.
loc.* for small professional fam
^ -^ * 5 4 -1 8 8 0 . ____________14-cbJyl6
'.M A L E Graduate students
k 2 bedrm. apt. nr Harv
L’ nder $*00 mo WTO. to do
chores Call 668-190*
14-ebJy26
b . 3 rm*., furn. or unfurn.,
le t loc., pkg., for single
. 286-2400, 8 a m -2 p m Ask
M r Shepard l4-w bT A u l4
J j I N E E R who will be doing
^ > *t-D o o to ra l work at M I T.
I require* 4 or 5 bdrm. furn.
j house or apt. for self O fam.
I from rnld-Sept. ao end-Jan PI.
reply Q T Sullivan. 261 H arv
ard St.. Brookline, M a s* (Tel.
566-4000). 14-cbAu2
BUS. woman A dau. 21 wlah 2
B R. unfum . 1st flr apt . W .
Camb. or vie. 628-3279 day*:
647-3491 eve*.___________________ 14-cb
L A N D L O R D S : W e have M A N Y
I good tenant* looking for all
jtyps* of apartment* In Homer-
' “'SHARRIO ASSOC.
Realtor*
625-2820
Sara With This NEW LOWER
Classified Rate
3 LINES
4 t im es
* 5 DOLLARS
Private Party Ada aaly.
One Time Rate, 1 Line* St-1#
CLASSIFIED DEADLINES:
For Thursday Publications TUESDAY 4:30 P.M.
For Saturday Publication. THURSDAY 12 NOON
CALL SSH-tiOSO^JoJJtonday^Thro^W da^
58 Utad Can tar Wo
AJr cond. 1 W FORD
Excel, cond 4 dr., 8 eyL.
auto., p a O p b., R « H . new
tlree. N E E D C A ffR 189} or
teat off. Call Nick f M - i m ^
'til M U ST A N G Fastbaak. A - l
cond. Call 778-8868. _
S8-cbJy24
j* 65 OLD S C O N V E R T . W hite,
all power. Od. rubber, *xo*l
engine. 81060 Arm. 0 1 -1 7 94 aft.
4 68-obAul
66 Painters, t
Paperh
IN TER IO R O E X T
Ing. Free *atln»ai
ham 623->4«1 or 6
PNTG A W AI
Coiling* $6 A
egle roll, wailpai
H66 QTO 2 dr.. 4 *p**d. R A H .
389 cu. In., bucket w a u , n*w
tires. Beet ofTer. 648-9088.
58-cbJyJ8
25 Summer Cottages
e n j o y a v a c a t i o n a t
E Y E -JO Y CO TTAG ES
Overlooking beaut. Lake W ln nl-
peeaukee. Truly 'he v i*w su
perb. located in Alton V H . 9
Individual fui: h*kpg. cottages.
Grounds have »huffle board,
horse shoe court, badminton O
features a 20 x 40 deluxe swim
m ing pool W rite or phone for
brochure. George F Duval. Eye-
Joy Cottages, Alton, V H . 03809.
or call direct area code 603-
569-9899. 26-cbtAu7
43 Child Care
hAU C U C K U A1 SCHOOL. 8
a.m .-6:3t> p .m . A ge* 2-6 $15
w eek ly . ir a n e p o n a t io n . AH 7-
, 832 43-ecttf
CONGENIAL WOMEN
Available for fu !’. time or part
tl ne child care ■ r convalescent
m d aged care Commended
Parent* Mag ___
W E SIT B ET T E R 754 -2"S0
43-cbtJv31
1967 4 dr C H E V R O L E T , auto
trm *. P .i . V -« . * m dlo. tlto
C»U T R 1 - lH t dnytlnx.
88-cbJ y tl
M U STA N G . 68. conv 6 c/\ .
auto., g<i. cond.. $1250. Call
669-4982 evening*.___________ $8-cb
1964 FO RD Galaxy 500 Light
blue conv. 4 speed, beau. cond.
Must sell. First rea*. offer
Tom at 484-3578. 5«-cbJyl8
LE O N A R D C LAP
Exterior
Free estim ate* l».
C R~P E N T tl !'
F L A S T E K E R R
No Job too - 1: • t*
after 6 p.n;
F A IN T IN G . "
O pap**’
Frey 776- J
P A . •
IN TER IO R
PAINT
i n t e r :- ■!. &
F R E E tt?T
Call T M
1964 C O M ET, 2 dr stand, trans..
model 202. Od tire* Hgat offer
over $250. 666-0275 a f t 6:30 p m
68*cbAu2
66 M U ST A N G hdtop. V-8. Od
cond. Asking $1100. Call
729-1292.
1968 FORD. V -8 . p a . r & h
auto. W ell cared to r $120 or
be*t offer. Call 876-1544 eve*
6$-cb
67 F U R Y -3 . 4 dr.. Hd. top All
power. New tire*, axe cond
$1,550. Call A T 4-5270. 58-cbAul
1965 C H E V R O L E T Malibu conv
2 dr.. R A H . auto., 8 cy\.
P S A P B . Aft. 6. 828-6941.
58-eb
E. J M vO r.fi . !
Painting Rate
try Cal! *7*->4‘
P A IN !
Rea* > *'e*
M r Mar-.
p a i n t i n g
cape $2,v
Cali h r r k
3539
H A M PTO N Beach 1 min. to
beach, apt*. all facilities.
Sleep* 4 to 6, $60 A $66 per wk.
Room* re a*. Cantabriria 9 L
S i i 'N 4-0466 o r 1-603-926-5609.
25-cbJy31
Ni iRTHWCX>D L A K E . N H .
voltage avail. Aug. 8, sleeps 8,cottage & '» » . ■ * " » - *
ga*. elec Od Ashing. Bauidy
beach 876-7688 SS-cb
C.iN 'Ti-()C O O K N H . nice. I
ttdrrn. lodge aero** from lake
w ->oat $90 wk. Avail Aug. 9th.
Cail 491-4474. » * c®
B ILLER IC A, lake front cottage,
ret- screen pc he.. 4 rm*
E X P W O M A N w1*he* to mind
child or m'ar.t in her home
days Excel r t f f 776-9578.
43-cbJy26
YOUNG Mother will give loving
care to your child In my home,
full or pt time wkday*. 923-1867
43- ebAu3
R E L IA B L E Baby-*ltter. e v e* .
Mon. thru Friday
Call 666-9515 between 3 A 6 p m.
43-CbJ y26
46 Instruction
A ST R O L --G Y LESSONS
62 Carpenters A Roofers
DiMEO FLOORS
S A N D E D . It KK l NISH 1 .0. LAID
Q U A L IT Y \V» »UK 66G-2J7K.
62 • self t A*
FI DAI.tit) l'L<Mlll>
Laid, sanded and finished Q ual
ity work Lowest price. 644-8174
41-ctfle
C A R P E N T R Y
IN TER IO R A EXTERN »R
Mr. Sullivan, 623-7898 U artf
SK Y L IG H T S and rhlnm*>* r»
paired. 110. Outter# and down ■
•pout*, all type* roollag W
•33-8137 - IM -M H 8 *-»C f
67 Plumbin
A Gas
RAN G E P E R M '
• talle.l. H.lto1’
v a lv e * n r . . u ‘.\
b u r n e r * I i -
I'R 6 - l >7j ■ r V
T O W N PLU M P' 924-447'.
New U rk - I
hr Emergency '
License Nc
LIC EN C E D M
want* work
room* A k . •
remodeled .*10'
er* & e** drvr
Il‘i4d oi 666-83*7
68 Uphol
CHAIRS K
kitchen h id a ’-
nraauUiunf U
WITNESS STATKMKN'T
Knight vs. Rocco A uciello
I, Judith Wilson, 85 Clarendon Avenue, Somerville, Mass., 623-2524
make the following statement:
On Friday, July 25, 1969, I read over the telephone to a relative of
the (Ven Knights a l i s t of 3 and 4 room apartments which appeared in the
July 24, 1969, Somerville Journal Classified Advertisements. The Knights
had called me earlier to express an interest in apartments o f this siae
renting for $100 to $125/month heated. At about 10:30 that same night
Mr. Knight called me to complain of apparent discriminatory treatment.
He had spoken with the owner of one of the apartments, Mr. Rocco
Auciello, at 625-3350 about a unit at 28 tllen Street, Somerville, and
arranged to meet the owner at the apartment . He arrived about 45
minutes later and before the owner and was allowed to look around the
apartment by the present tenant. When the nwnet arrived he immediately
Informed Mr. and Mrs. Knight that the apartment had already been
rented.
On Saturday, July 26, 1969, at 9 am. 1 called 625-3350 in response
to the same ad and was told by Mr. Auciello 's daughter that the
apartment had not yet been rentpd and that 1 could see it between 700
and 7:30 p.m. when her father would be there. .he was not sure of the
rent but said she thought about $80/month unheated.
Mrs. Knight and I arrived at 7:00 p.m. to look at the 2nd floor
apartment on the Broadway side of the house. The tenant called the owner
to Inform him we were there and he arrived a few minutes later. We
told-him we had looked at and liked the apartment and he suggested we
drive the short distance to his home to talk to his wife and daughter, the
real bosses. On the way there he acknowledged for the f i r s t time his
recognition o f Mrs. Knight from their previous v is i t bv asking "How are
you, Mrs. Knight?" He drove us to a house of) Pearl Street about 8 - 1 0
blocks away, a house which we later were informed belongs to his daughter
and son-in-iaw. Mr. A uciello continued to do most of the talking and
told us that he now knew o f someone who was willing to pay $120/month
unheated for the apartment because he planned to use the two upstairs
rooms for bedrooms. We had not even looked at these rooms because the
present tenant had told us that Mr. Auciello planned to use them only
tor storage since they can't be heated. 1 mentioned the $80 figure
quoted to me over the phone, and he said he was sorry but there was this
unnamed person willing to pay more. He then added, "Of course, i f Mrs.
Knight could pay $120 . . ." She immediately said, " I ' l l take i t . "
Immediately a loud and dramatic family quarrel erupted based on Mrs.
AuciaHo s desire to live in the Clen Street apartment herself so that
she could get out from under her daughter's roof. Mr. Auciello shrugged
and said he could do nothing. The daughter supported the storv by saying
that her mother doesn 't get along with her son-in-law, the daughter's
husband, and that her mother had been unhappy for some time. (When we
arrived to didcuss the apartment the mother had been quietly eating her
dinner and said very l i t t l e until Mrs. Knight's " I ' l l take i t . " )
& r - ► . , » . «
his wife decide not to move into the anar^ . “ “ the KniRhts i f he and
kitchen where we were sitting rang about this t im™80^ ? 5 ' T,'e ph° n,> in the
someone was calling about the apartment - » . ' Was mentlont'd thatin another room. apartment; Mr. Auciello le ft to take the call
We le ft the A uciello 's nt 7 • in r» m , ,
Street address where mv car was parked ’ Mrs g UH b a t k t 0 th e G le n
rent the evening before had been oi.lv S80 or'$90 / month“ °ned *° that hlS askln*
-------
statement. In test ̂ Z S T T ^ b '
/S* - W /. V l* 2—
Notary Public
M v ' O M M IS S IO N f X f ’ IH I I N I | ». I *# /?
COMi'l.AT NT
KNIGHT V.:. AUCI101,HO
I . Mrs. P rendee M. K n ight 7)1 C h e lsea , ; t . K v e r e t t , M asnachuretta
M ice th e f o l ow ing s ta te m e n t :
On F r id a y , J u l y j > 5 , 1969 , my husband c a l l e d the number g iv e n to
■ by Mrs. W i ls o n o f F a ir ' l ' l o u s in g . The woman who answered the phone
gave my husband the a d d r e s s o f the a .artm ent, but s a id was not a b le
to g i v e him the - r i c e a s h er f a t h e r was not in , and she d i d n ' t know
I c a l T f ^ - He " a ° t 0 l d he C° Uld 860 th ” — tment a t 7 :1 0 pm. At 6 :1 5
I c a l l e d a g a in t o see i f t i e a p a rtm ,n t was s t i l l a v a i l a b l e . I was to ld
by Mr. A u c i e l l o t h a t n v,n ; v a . l a o . o an . I v . ^ ...........„ r n *
which was a t 28 G len C t . G o m e r v i l l e , Mas . a t my c o n v i e n c e , b e tw een ’
and 7 :3 0 , he t o ld me the apartm ent was on the second f l o o r and
he would be th e r e a t 7 :0 0 pm.( A p r i c e w. 8 s t i l l n o t quoted ) I t o l d
Mr. A u c i e l i o I would be t h e r e a t 7 : 0 , , he sa id th a t was f i n e , he a l s o
in fo rm e d me th a t he wanted good ten a n ts because he has had t e n a n ts who
gave him t r o u b l e . 1 a s su re d him that, we would be good te n a n ts
We a r r iv e d a t 78 G len f . a t o ; v . . We w e n t up to the second f l o o r
and were shown the apartm ent by the te n a n t . Jhe in form ed us. th a t she
had j u s t r e c e i v e d a hone c a l l ir.,m the la n d lo r d , who had t o l d h er
t h a t he was g o i n g to show the apartm ent to ,; .me e o p l e .
When the la n d lo r d (Mr. A u c i e l l o ) a r r i v e d , he d rove in t o the drivew ay
and went up the b a c k s t a i r s to the apartm en t . A f t e r t a l k i n g to the tenant
he came down and in form ed u s th a t the apartm ent had been r e n t e d . He
asked u s why we h a d n 't c a l l e d ; as we had c a l l e d j u s t 46 m inute* e a r l i e r
we t o l d him we had c a l l e d a n d th at we were not v ery p le a se d with what h e ’
had t o l d u s . He t o l d us th a t h i s d a u gh ter had re n te d the apartm ent 30
m inu tes a g o , and had tak en a de - o s i t . He a l s o t o l d us how much he l i k e d
c o l o r e d p e o p le , and how he would l i k e to r e n t the apartm ent to us
b e ca u s e we lo o k e d l i k e such n i c e p e o p le . When he saw th a t I wa ■ s t i l l
u p s e t , he t o l d me he would t r y to g iv e back the d e p o £ w a e
90* sure th a t we co u ld do b u sm e n . He , s f u l l o f r e g r e t s , and t o l d my
husband, who was a lm ost d i s g u s t e d , to c a l l back a t 8 : 3 0 , as he was p r e t t y
sure th a t we would be a b le to move i n . When my husband c a l l e d a t 8 :3 0 ,
/ n :■ \ ;h l V .U 1.5 / 11 \ \f. t A u »■ ' t* . i r. hut be back
/ . • .
Mr. ” 4 * ■ - ■ r ' •'*
d e p o sit , and that h is daughter had s ig n e d a contract and there was nothing
that co u ld be d on e . He to ld my husband that the next time he had an
opening f o r an apartm en t, he would c a l l u s . My husband gave him ou r
telephone number, then hung up.
My husband then c a lle d Mrs. Wilson from Fair Housing and to ld her
what had happenned. She s a id she would t r y to do som ething about i t
and would get in t i-oh n . t n uo tne next day.
o n .1.1 tu idiiv , July .*«■, my husband c d t I. ic t«d Mrs. V .ilson , • * * p t o ld
him that thwl’e was a woman from l.exlngloti who would try to h e lp u.
get the apartment. Hhe (Mrn. W ilso n ) told my husband to have u:< me,--,
her at the White Tower restaurant i n S om erv ilL e , she and I would then
go to ?H li l en t . where she had a rra ng ed to nee the apartm ent. I t
t ihe noaitm enl was . t i l l f o r r en t . The woman from l .ex in g ton
••• Mi UO tc> lv»v»K at Uuj itpu t ttuo t\ ( ( l*U l • t > la to r tlRlO«
My husband and 1 met Mrs. Wilson at the White Tower. Mrs. Wilson
and 1 then went to 28 Glen S t . to look at the apartment. The tenant
t o l l us U n i Mi . nui sel l s di n ' t in form her th a t we were coming. She
then o a l l e i M . i ue t e ' l o and hi .aid lh.it he. » .ulil ha l irl i t down.
3 he ( the tenant) then ehowo a u is . .. .. t.... a t Hi wo o i o it .• ui t t vb.i a n.t
took us to h is daughter* s house, because she wae in charge ol renting
t a p a r t m e n t . The daughter informed us the party who had previously
put a deposit on the apartment had aim-e changed th e ir mind and wanted
tr s i r drio t t 1 li," k Tfr **"«!• < 1 t o . tot the apartment was
. i I 41
r i v *• 1 - ' ............................ *" ’ .
under the impression that i t would be c lo se r to $ 80 . The woman said
th at the party who was going to rent the apartment was going to use
the two upper rooms o f the apartment fo r bedrooms. Therefore, she
d id n 't know mhat the rent would be. Mrs. Wilson to ld her that she
understood that the two u p sta irs rooms were to be used fo r storage.
Tb. woman then to ld me that the apartment was fo r rent fo r $120 a month
*nd I could make up my mind as to whether I wanted the apartment. I
then said th at I would take i t .
6 ;
Mr. A u c i e l l o ' 3 w . f ! who h:,,l boon 1 , j tl/, , ..
th e n jumped from her oh ,U r and :,u .d „ No . . . . ............." vnr
» • d a u g h ter th en e x p l a i n ! * ' ‘ l ' ' k" U<* .........' ‘ ■ "• I
( ^ r m other ' 3 s o n - i n - l a w ) d id n ot g e t along ^ h e ^ T ^ ^
* r s . A u c i e l l o wanted to move but Mr , ° t 0 l d me th a t
“ “ — - d id not u n d ers ta n d £ ^ ^
m oving u n t i l I s a id i woujd take J A u c i e l l ° d i d n ’ ‘ n a t i o n
th e y sh o u ld have t o ld us t h i s b e l o r ! L T n T h d T * W ilS° n th e " sa id
M rs. A u c i e l l o s a id she wanted to move the n i ht J r WaStS ° Ur
h e r s o n - i n - l a w had had an arguement v . . ^ bGCaUSe " he
• o r d s a l Mrs. A u c i e -1 . , . M rs . W|l. * A U C lr l l ° snouted a few p ro fa n e
A u c i e l l o then d ro v e us back to M a i . / ' t J J t J ^ " W "* Mr‘
he w o u ld n 't move, how ever , h i s w i fe - lfihV r ^ Us that
a p artm en t , we c o u ld c o m o la in a n o th e r p a r ty re n te d the
I b e l i e v e we have been d i
s e n mm .ted a g a in s t s o l e l y be cause o f c o l o r .
Prendee M. K n i g h t y
" b* ’ r I “ d “ a - • — ^
Notary fubllc
MY COMMISSION EXPIRES
NOVEMBER 29, 1974
I' b . v-v......... t
y MASSACHUSETTS EKUEU A 1 11 >.\ »{ |,\(K \ k *1 I ■•‘ .Ml.A I . Idlill I S
On Saturday July 26th. JOB!) at approximately r. ::«» 1 Ik.rbara IV.schek 17
to ^ th e M dF LHeXingt° n' Ma8SaChUSOtts- tc*K-phon«. 862-0286 (Housing Chairman
Com t f 388 F^dt ra‘ 10n f° r Fair housing and Equal Rights. Lexington O v i l Rights
(6 2 3 ^ 5 2 4 ? ' h F 8 i r " ousing rt‘eei ved a .otophone call for Judy WUson
r , 3 f r ’ housine worker and aide, in Som ervil le . Mass, regarding a possible
case o f discrimination against Mr. .<■ Mrs. Owen Knight, of Medford, Mass.
I called the following telephone, 625-3350 in answer to an advertisement for an mart*
ment listed in the Somerville |> ,per. npart*
I ealled the advertised number. 625-3230 and
The advertisement read: *1*11 i (,,l Jibout. flit- 'i|> irt ment.
J Kms. , 2nd floor, gas heat, cold and hot water, all
modern - 625-3350 or 666-10-42.
A woman* answered and said she was the daughter ol Mr. Kocco Aueiello the owner
Of the property at 28 Glen St. She said the apartment was still available and that it
had m ore than the three room s advertised, sin, e ,u addition one could use the two
« e„d „bedr° 0mS upstairs if one wanted. 1 asked about the rent and she said the rent
was $90.00 a month, the apartment would be available the first of August Then she
suggested I com e to the apartment between 7 00pm and 7.30 pm because hot father would
go d irect ly to the apartment after work. She said ano.her couple called and would be
there at approximately the .same time. She gave me directions and said if her father
was not there when 1 arrived I should ring Mrs. Train 's doorbell because that was the
apartment that would be available on August 1st. I
I arrived at 28 Glen Street at approximately 7:10nm. Mr. Aueiello was not there and 1
rang the doorbell of Mrs. Trant. Mrs. Tram 1627-8680) showed me the apartment,
including the two extra unhealed rooms upstairs, and then called Mr. Aueiello at lus
home. There seemed to be quit. hit of confusion. Mrs. Trant explained to me the
reason for the confusion. She said that M- . * Mrs. Aueiello were having an argument
wi som e people that had com e to see the apartment ten minutes before I arrived Mr
Aueiello brought them to his house, she further explained that be did not want to rent to
the people that had com e because they were Negro. Mi s. Trant said that they had come
the evening before in answer to the advertisement, (Friday July 25 1969) and that Mr
AucieHo told them the apartment had been taken. However, the Negro couple (M rs Trant
had said to one of the Aueiello over the phone which I overheard) were sneaky because
m l ! !!.meM0nly Uie WOman cam c and Klie brought a hk white friend. Mrs. Trant explained
that the Negro woman called again on Saturday to ask about the apartment and o f course
found out it was still available. So the woman (Mrs. Knight) came with a white friend and
Mr. Aueiello panicked and invited them to his house pretending his wife was reallv the
boss. M rs . Trant started to laugh at this point because she said that Mr Aueiello is
the only one who rents the apartments and he owns many other apartments. Some of
the apartments were four family and others were six family.
n r t j r ; ■ ,"< * “ " ■ t * " ' -
» ~ - — * - - — “ - .
. ^ T ^ ^ r ^ r ^ ^ . r ^ . x s r r t? r -
H ~ : : r “ s = s s a f c ~ r i rbhe (M rs . Trant) said they .were so upset about this other couple that she could not «=»„
l u r r ^ r nOW’ 1 Sai<J U,a* ‘ W° Uid <al1 h (r i " ‘ he evening and
o ■■■ A 110 * xlx dld com e to her houHC would she (ell him I was interested She
said that ttaetjc she would . I called Mrs. Trant again at approximately 9 1 r> l e i
again that I was leaving for the Cape the fo l low ing morning and would feel better I^ould
put a d e p « i t o n the apartment. I also told her that I had to be back in the Boston Irea
ugust 8th and perhaps I could call and make another appointment with the landlord.
I c a l le d Mr A uciello just spoke with Mrs. Trant. I explained that I had seen the
apartment, it was suitable, we would like to rent it, that I was leaving for the Cape on
^ f o l l o w i n g morning and since I was running out o f time I was concerned that he would
rent the apartment before I returned to Boston on Aug. 8th. Mr. Aucie llo explained that
I* * Z m S°* many problems about the apartment and he could notfell me about it He
*“ d 1 rC apartment for a while, and that he had spoken to Mrs Trant and
he would be happy to have me as a tenant. He said he would not need a deposit' to hoW
the apartment it would still be axxaix available on the 8th and that I should call him when
I arrived back from vacation. I
I gave my name as Barbara Scaffidi, said I was staying wafh friends in I.ex>hgW.
1 0 * 4 . OtLJL ' ^ ''
S h ^ r i h T dny ° f Ju! ys 1969' the abOV<‘ named a p p ^ /^ d " b e f o r e O O n d » n 'm ^ fr e ie ^ S F subscribed and signed the above and attached staten^nt. In testiimoney set my hand and
S6ftl. / J
k k L IT-. 2L - / c . <-/,-sL
V —
GIjN /H 8 /7 /6 9 O F F , _E COPY
CNi I ]) ‘ ■. A i'l. ' DU- r UlC 1 COT i. ,
FOR THJi DISTRICT OF’ MAS.SACIR'Sl T i’S
*
OVUiN S. KNIGHT and *
PHENDEE M. KNIGHT, »
Plaintiffs *
*
V . at
*
KOCCO A UCII. g.L.0, A N.in A UC IT!,!_.,) *
and FILOMENA KGSSI, *
Defendants *
A
**************************************
AFFIDAVIT OF CO 0..-.KL
Pursuant to Rule 65(b) (2), Federal Pules of Civil Procedure , I,
Gerald L . Nlssenbaum, attorney for the plaintiffs, certify as follows:
1. On August 1, 1969, at 8:4u A .M . I went to the residence of the
defendants at 205 Pearl Street, Somerville , second floor and Informed the
defendant Filomena Rossi of the allegations contained in this Complaint. M rs.
Rossi stated that her mother (the defendant, M rs. A n ie l lo ) was going to
move into the apartment. I requested M rs. Rossi to have Mr. Aucie llo contact
me in an effort to straighten the matter out.
2. On August 1, 1969, at 6:15 P .M . , J telephoned the defendant,
R occo A ucie lio , and informed him of the allegations contained in this C om
plaint. M r. Aucie lio stated tbnf he wanted roe ‘ o speak tc his wife and to his
daughter on the following morning. I agreed to meet all three defendants at
my o ff ice , 84 Broadway. Somerville , on Saturday. August 2, 1969, at 9:30 A .M .
3. On August 2. I960 al 9:40 A . M. the defendant. Mr. A ucie lio , came
fu my off ice . He indicator, tnat ho am n s wife v.erf going to move into the
apartment. I inquired as to he amouni O rental he v-es paying his daughter'
at 205 Pearl Street. Somerville , first floor and he replied $110.00 unheated.
I then suggested that it might he that the plaintiffs would be interested in
renting the f irst f loor apartment that he war vecaiing. At this point M r.
Auciello indicated that, he and 'u? wife really did n:>* want to move into this
CIVIC ACTION
n o . 6 9 - m - F
apartment, but .hat he wanted to save the apart mm* '' r- hie son who was going
to be m arried In three months. A ccordingly he would he willing to o ffer a
lease of the apartment fo r three mon.hs at a rental of $120.00 per month.
On questioning, I learned that Mr. A uc ie ilo ’ e son was currently in the service
and stationed in the midwest; that, he would net be discharged from the service
fo r another year; that he was engaged but that nr> date had been set fo r a
wedding.
4 . Mr. A uciello stated that he would moy he willing to rent the
apartment to the plaintiffs for six months ac o monthly rental of $120.00 and
with a lea *. M r. A ucielio then Mated that, he had -u> other leases required
of his tenants at present. 7 suggested that M r. Aucielio rent the apartment
to the plaintiffs foe one year and at $30.00 a month with a simple lease .
M r. Aucie llo rejacted this suggestion and rep-ated hip six month suggestion.
I then attempted to telephone the plaintiffs, b .hey were not at home. I
then stated that I would contact the plaintiffs before comm encing any action
on their behalf and determine if the si,- month iffet ,vas aci eptable to them.
Mr. A ucie llo stated that if the plaintiffs were nice ftnants that maybe they
would stay longer than the proposed six months.
5. I contacted the plaintiffs later in the afternoon of August 2, 1969
and they re jected the offer of Mi . Auciello . hut they would want the apartment
for $90.00 a month unheated inn without a fee re .
6. On Monday. August 4, 1969, 1 ronirvuiicrted the rejection of the
six month offer to Mr. Auciello end rt.-q.ie;;ted that he tent the apartment
to the plaintiffs for $90.00 a month unher ed and without a lease. M r.
Auciello refused to so rent the apartment a:>J i informed him .hat I would
com m ence the necesta iy actions! to ted re ts the wrongs commiteu upon the
plaintiffs.
7. At 7 : la A .M . today,, August 7. Uii i, I attempted to reach the
defendants M r. and M rs. Auciello by tetc-ihon.ng *726-3330, which is the
number listed in the Poston Directory and ot which n unber I have previously
reached M r. and M rs. Auciello . The telephone war answered by a person
who identified himself as Mr. Auciello 'a grandson. I request that this person
immediately notify Mr. and M rs. Auciello that I would appear at 2:00 p .M .
to request a iestra :nm g order.
8. At 9-10 A .A !, today, August 7, 1S6.J, 1 telephoned the defendant
Fllomena R ossi and reached her at 6 b 6 -1042 which is the number listed in
the Boston D irectory , and at. which number T have previously reached M rs.
R oss i . I told M rs. Kossi that I would apj ear at 2 :Oh p .M . to request a
restraining order, and I informed her of *he subntante of the Complaint.
9. At 12:03 P .M . today, August 7 .1969, I was teiepnoned by the
defendant R o c c o A u c ic l lo and I informed him that 1 would appear at 2:00 l ' .M .
to request a restraining order , and I informed n:m of the substance of the
Complaint.
10. Any further notice should not he required in the above caae , prior
to the Issuance of a restraining o r d e r , because the plaintiffs are in need of
housing, are ready, willing and able to pay a month's rent, are presently
living In their respective parent's homes, and have not been able to find
suitable alternative housing accommodations, 3nd thus the plaintiffs have
been put to extreme inconvenience. M oreover, they are anxious to enter into
the prem ises at the rental of $90.00 a month unheated, as tenants at will,
f o r the second floor left apartment at 28 Glen Street, Somerville , and it is
essential that the owners, their servants, agents or employees be prevented
from leasing that apartment pending a hearing and final determination by this
Court.
This statement is made under the pains and penalties of p er ju jv this
7th day of August, 1963.
Gerald \, i8Benbaum
Attorney for Plaintiffs
J *►.' s' ,
1»! U
*** •< *M| ynaialim. Alai, la viaw «f t W
K i j IM m i * f 2* 1 .1 ,8 , | i f f } M ( a a i ^ a i i <_
* o m ▼«
lMf, 3ft M , AM, it u n w iy
**•* * • H«**ii*i «ttl «1rt— fly ̂ m t l fa fat,
1 f **" "•«**•* ilUirtfa. if faa TTlrfl.|,t
**» prowaf at trial.
attafaaaata
Accordingly, it Is ORDERED that the defendants
Roeco Auciallo, Anna Auclello and Flloorna Rossi, thair
agents and employees be restrained temporarily from
leasing, renting or in any way permitting the occupancy
of the apartment ea the second floor at ?8 Glen Street,
Somerville, other than by the plaintiffs, until the
plaintiffs' motion for a preliminary Injunction haa been
heard and dacided; all on condition that the plaintiffs
file e bond in the n w of $150 as security for the pay
ment of such costs and damages as may be incurred or
suffered by the defendants If they arc found to have been
wrongfully enjoined.
s / u. ARTHUR OARRITY.Jk.
United States District Judge
"> _
Jt.*' ‘ V.:*?- . e a ■ ■ **■ *»&
GJ v 1 >8/8/69
UNITED STATES DISTRICT COURT
i-’Oii THE DISTRICT OF MASSACHUSETTS
# 4 * * * * , * * * * * * * * * * * * * *
OWEN ?>. KNIGHT and
PRENDRE M. KNIGHT,
Plaintiffs
UC..'CO AL'CIELLO, ANNA AUCIELLO
i*nd FI I Om en A ROSSI,
Defendants
* * * * * * * * » * m * * * + * + i , i + mi,
CIVIL A CTICN
NO. 6 9 -8 3 0 -F
-IKTION TO ADVANCE ANL CONSOLIDATE
Pursuant to Rule 65(a) (2), F. r. Civ. P . , the plaintiffs move
that the trial o f the action on the merits be advanced and consolidated with
the hearing of the application for a preliminary injunction, in order that
the plaintiffs be permitted to offer evidence of damages sustained.
By their attorneys,
NISSENHAUM 4 NISSENRAUM
By:_______________
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ij OWEN S . KNIGHT and )
PRENDEE M. KNIGHT. )
I) Plaintiffs,)
1 }' v. )
I )|! ROCCO AUCIELLO, ANNA AUCIELLO )
SSI, )
Defendants,)
CIVIL ACTION
No. 69-838-F
ji and
||
it
i'1
FILOMENA
\
1'
! 1 . All
>( 2 . All
li
i;
3. All
4. All
DEFENDANTS' ANSWERS TO COMPLAINT
Ij contained an advertisement as set out in the plaintiff's complaint,
|. but specifically deny each and every other part of paragraph "4 "
j: call upon the plaintiffs to prove the same.
5. All of the defendants deny paragraph "5“ and call upon
the plaintiffs to prove the same.
!!
|!
6 . All of the defendants deny paragraph "6 " and call upon
the plaintiffs to prove the same. ,
7. All of the defendants deny paragraph "7" and call upon
the plaintiffs to prove the same.
8 . All of the defendants deny paragraph "8 " and call upon
the plaintiffs to prove the same.
9. All of the defendants deny paragraph "9" and call upon
the plaintiffs to prove the same.
10. All of the defendants deny paragraph "10" and call upon
the plaintiffs to prove the same.
11. All of the defendants deny paragraph "11" and call upon
the plaintiffs to prove the same.
12. All of the defendants deny paragraph "12" and call upon
the plaintiffs to prove the same.
13. All of the defendants deny paragraph "13" and call .upon
the plaintiffs to prove the same.
I
14. All of the defendants agree that the said apartment is j
'not occupied as of this date, but specifically deny that the plain-;
jitiffs remain desirous of renting the said apartment and call upon i
the plaintiffs to prove the same.
1} :
15. All of the defendants deny paragraph "15" and call upon I
the plaintiffs to prove the same.
j| 16. And further answering, all of the defendants say that they do .
not refuse to rent solely on account of color, but, rather, upon
I negotiation for the amount of rent to be paid. At this time, how
ever, the defendants are agreeable to rent to the plaintiffs at
I terms agreeable to the plaintiffs. |
li
J: WHEREFORE, the defendants p r a y :
1. That this Court not issue any temporary restraining
ji orders.
I
2. That this Court not issue any preliminary injunctions.
;j 3 . That there be no permanent injunctions.
. ;
4. That there be no orders against Mr. and Mrs. Auciello to
I! rent the apartment, as the plaintiffs, through their attorney,
|!have indicated that they do not wish to rent the apartment at any
!' terms.
|l
|i 5 . That this Court not award the plaintiffs any damages.
6 . That this Court not grant any other relief or costs,
■jbecause the defendants are agreeable to rent the said apartment to
! the plaintiffs at any time.
I
I:I'
!
i:
i'
i.
li
1*
i
ii
UNITED STATE3 DTSTT.ICT CO'd.JT
DISTRICT 0? MA3GACHUSETTS
OWEN S. KNIGHT and
PRENDEE H. KNIGHT,
Plaintiffs,) CIVIL ACTION
v. No. 69-838-F
)
ROCCO AUCIELLO, ANNA AUCIELLO )
and PILOMENA ROSSI, )
Defendants,)
MOTION TO REMOVE THE TEMPORARY RESTRAINING ORDER
Now come all the defendants in the above entitled action and
respectfully move and request that this Honorable Court remove and
vacate the Temporary Restraining Order which was entered by this
Court on August 7, 1S69.
By their attorney
n ■ /
C L . r j H 3 f i t ) i o CLP. sC * — feaJ>y
UNITED STATPR DISTRICT COTJMX
DISTRICT OF K vrs> o r JSFT'.S
OVEN S. KNIGHT and
PRHNDKH V j . KNIGHT,
Plaintiffs ,
V .
ROCCO AUCIEI I O. ANNA t
AUCIEI LA and FII OMFNA ROSSI, I
Defendants, 1
r IVT-_ \CTION
No. G0-838-F
AFFIDAVIT OF LEGAL SERVICES
Now com es Attorney Gerald I . Nissenh .am who represents the plaintiffs
in the above-entitled matter and says that the foil, ,win? is a list o f his time
spent in the preparation o f .this case ur, to the date of trial?
Thursday, July g i , 19G9
Call to Ellen Mic'-.elman to obtain information
Call to Airs. Knight
Friday, August 1, 1969
At Glen and Pearl Streets
Call from Attorney A/' ire.iello
Call to Mr. Auciello
Call to Mrs. Wilson
Saturday, August 1969
Mr. Auciello in office
Mr. Auciello returned to office
Review and typing initial iafor :
Call to Knights
Call to Rossi
Call from Knights
Call from Knights
Monday, August 4, 1969
Mr. Auciello in office
Mr. Auciello in office
Call to Atty. Marciello
Call by Attorney A* ircie llo
Tuesday, A ugustf , 1969
Drafting Complaint
Re-drafting Complaint
Wednesday, August G, 1969
Checking Somerville Assessors
Drawing Complaint 'Secretary!
Reviewing Complaint
Thursday, August 7, 1969
Call to Mr. Auciello
Call to Rossi
Call by Auciello
Drawing Affidavit o f Counsel
At Federal District Court Massachusetts
Tem porary Restraining Dr der obtained.'
Mr. Auciello appeared pro se - 1 Garrity J.
Tuesday, August 13, 1969
Drawing Motion to Advance and Consolidate
Sending same to Court
30 minutes
30 minutes
6:30 1 . r 20 minutes
10:15 \. V 13 minutes
6• 1 r. T , T\ 30 " "
10 " "
9: 40 A. M. 55 " "
10:45 A.M. JO " "
tinn 45 " "
1: 10 F. f T. 10 " "
1-: 0 p. M. 10 " "
Is 31 R. V 13 " "
i-59 r . :,i. 5 " "
10-30 \. M. 10 " "
a.30 p_ *• 8 " "
1.-45 p. V. 17 " "
20 " "
4 hrs. 20 minutes
2 hrs. 10 minutes
r tffice 20 minutes
3 hrs. 25 minutes
35 minutes
7:15 A. A!. 5
9:40 ■. K . 3 " "
1V-C5 ' . " I . 10 " "
1 hr. 10 minutes
3 hrs. 15 minutes
20 minutes
5 minutes
V'edneeday, August 13, 196:1
Call from Mr. Jones
Thursday, August 14, 1969
Call to U. S. Marshal's Office
Tuesday, September 3, 1969
Call to tJ. S. Marshal's Office
Friday, September 5, 1909
Call to U. S. Marshal's Office
Thursday, September 11. 1969
Call to Mr. Jones
Drawing Motion fo r Special Anpointment
Filing Same
Friday, September 13, 1969
Allowed - Call from Mr. Jones
Monday, September 15, 1969
Taking Summons to Middlesex Deputy Sheriffs
Call to Middlesex Deputy Sheriff
Tuesday, September 16, 1069
Call from Mr. Auciello
Review
Thursday, Seotember IP, 1969
Return of Summons to Court
I.etter to Knights
Friday, September 19, 1969
Call from Knight
Friday, October 3, M69
Call from Attorney Marclello
Tuesday, October 7, 1969
I etter from Attorney M arclello with ''lotion
Call to Mr. Jones
Tuesday, October 14, 1969
Call to ivir. Jones
Thursday, October 16, 1969
Notice from Court
Tuesday, October 31, 1969
1 e f e r to Knight
Sunday, November 16. I960
Preparation for pre -tr ia l conference and review
Monday, November 17, 1969
P re-tr ia l bearing Federal District ‘ curt
Monday, November 24, 1969
Reviewing Answer
Monday, December 1. 1969
1.etter to Knight
Thursday, February 19, 1970
Call to L), S. District Court, Knights, V ilson, Fetschek
Attorney M arciello , U. S. District Court, Knights end
.\ ilson
F \! day, February 20, ID 0
Tetter to U. S. District Court
Tuesday, March 10, 1970
Notice from TJ. S. District Court to Knights, " i l s o n ,
Petschek, Attorney M arciello
Monday, March 16, 1970
Preparation o f Mrs. Barbara Petschek for trial -
10-40 . Ivl tc. 12-10 P. U
5 " "
5 " "
r j f t I f
8 11 "
18 " "
5 " "
25 " "
8 " "
II • I
45 " "
5 " "
5 " "
5 minutes
35 " '
4 hours 30 min.
1 hour
17 minuteb
30 " "
15 " I f
1 hour 30 min.
Preparation o f Owen S. Knight an 1 Prendee M.
Knight for tHal 1 -:45 P. M. to 2:05 V. Tvl
Preparation o f Mrs. Judy " ilson fo r (rial -
2-30 P. M. to 3:50 P. M
Preparation by Counsel for trial 4
Total time to March 17, 1970
Total due for serv ices to March 17, 1970
<?,«- r ioP M - ?
1 hour 20 min.
1 hour 20 min.
"39 Aivri r * ""'I-
■1
"Ba/*we«
Attendance at U. S. District Court for •A.-?aau iiu^ettn
A'Arch 1’ . 1970
CaBh Disbursements to March 17, 1970
SuTH»t>n««j } I S', oo
Entry Fee f ! 5 . 00
Middlesex Deputy Sheriffs 16. 10
Photocopies 10. 90
Telephone ca lls , postage 9. 08
Sentier <Su(y,*0ns#5 7o~.~sfc f l l . S t
Bond posted August 7, 1069 MF9.cn
Total fo r serv ices and cash disbursements
I;
■\
o T / c e0 /h l - l h o
3/l
C o p y
UNITED STATES DISTRICT COURT
•' DISTRICT OF MASSACHUSETTS
' OWEN S. KNIGHT and )
■' PRENDEE M. KNIGHT, )
P laintiffs, )
) CIVlf, ACTION
v- )
) No. 60 -838 -F
ROCCO AUCIEELO, ANNA j
« AUCIELEO and FILOMENA ROSSI, )
Defendants, )
PLAINTIFFS' REQUESTS FOR RUIJNGS OF LAW AND FINDINGS OF FACT
N o w c o m e s t h e p l a i n t i f f s in I ho a b o v e e n t i t l e d m a t t e r
a n d r e s p e c t f u l l y r e q u e s t t h i s C o u r t t o m a k e t he f o l l o w i n g
r u l i n g s o f l a w a n d f i n d i n g s o f f a c t :
P laintiffs r e fe r to the Complaint and Affidavit of Counsel filed in the
instant case and request that this Court find substantially the facts as stated
. therein.i|
P laintiffs r e fe r to the Defendants' Answ er admitting to or agreeing to
parts o f the Complaint and request that those fuels stand as admitted o r as
so agreed.
R occo A uciello an d /or Anna A u cicllo an d /or Filomena Rossi have d is
crim inated against Owen S. Knight a n d /or Prendoe M. Knight in the rental o f
an apartment at 28 - 30 Glenn Street, Som erville , M assachusetts so le ly on
; account o f the co lo r o f the plaintiff(s) (i. 0 . black!.
The discrim ination here alleged is in violation of the A ct of 1866, 16 Stat.
27, United States Code Title 42, §1082 wherein all citizens, without regard to
race o r co lo r are granted "the sam e right !o purchase and rent property as is
enjoyed by white citizens. "
1 28 U. S. C. §1343 (4) allow s this Court to award "dam ages or * * *
1
_ 9 -
equitable o r o ther re lie f under any Art o f C ongress providing fo r the protection
o f c iv il rights * * * . " (em phasis added)
Under 42 TJ.S.C. §1082 and 28 U .S .C . §1342 (4) this Court has proper
ju risd iction as alleged in number 1. o f the Complaint and as agreed to in
number 1. o f Defendants' Answer. And see Jones y. M ayer Co., 302 U. S.
400 (1068).
§1982 "encom passes everv racia lly motivated refusal to sell o r rent. "
Id at 421-2 .
In addition to discrim inating against p laintiff(s), d e fen d a n t^ a fter being
given an explanation of the possib le results o f a violation o f §1082, continued
to d iscrim inate against plaintiff(s).
M r. A uciello and M rs. Rossi testified that M rs. A uciello could not under
stand English, yet d irect tesim ony by M rs. Knight and M rs. Wilson and
testim ony by Mrs. Rossi all indicate that during a conversation held at the
j , home o f M r. and M rs. A uciello on Pearl Street, S om erville , when M rs.
Knight expressed a w illingness to take the apartment in question at a rental of
I
one hundred and twenty ($120.00) dollars a month, Mrs. A uciello jumped up
in protest and stated that she would take the apartment fo r her own use. The
subsequent conversation (figh t?) between Mr. and M rs. A ucie llo was held in
both English and Italian. This uncontradicted testim ony would seem to lead
one to conclude that M rs. A uciello could speak and understand English, such
that she was able to rece ive telephone ca lls about and inform people o f the
n ecessary inform ation regarding the apartment fo r rent.
M rs. W ilson, M rs. Knight and Mr. A uciello testified that Mr. A uciello
* »
said that fo r the purposes o f renting the anartmenf the "rea l bosses are my
wife and daughter. " (M rs. A uciello and M rs. Rossi respective ly . )
Mr. and M rs. Knight, testified that on the evening o f July 25, 1969, Mr.
A uciello stated at various tim es words to the following e ffect: "The apartment
I
- 3 -
was rented thirty (30) minutes ago by my daughter!''; " l 'm sorry , my
daughter took a deposit. What can I d o ? " ; and "My daughter signed a contract.
The apartment is rented. " Mr. A ucie llo testified that he made these state
m ents. This uncontradic ted testim ony would seem to lead one to conclude
that M rs. R ossi was acting as an agent o f the owners o f the real estate in
question, and not m erely perform ing her duty o f daughter helping parent.
These statements indicate that M rs. Rossi aided and abetted in discrim inating
against plaintiff(s) and as such Mrs. Rossi is properly named a defendant in
this m atter.
A fter Mr. and M rs. A uciello argued, with Mrs. R ossi substantiating the
part o f the argument about, the d isagreem ents lx tween Mr. Rossi and Mrs.
A ucie llo , in front o f M rs. Knight and M rs. W ilson, testim ony o f M rs.
P etscheck adduced that later that, sam e evening, in a conversation with Air.
A ucie llo on the telephone, Mr. A uciello stated that he had talked with Mrs.
Trant (the tenant in the apartment, in question, which tenant was vacating on
July 31, 1969) and that M rs. Trant had told Mr. A uciello about M rs. P etscheck
and that M rs. P etscheck was acceptable to Mr. A uciello . M rs. Petscheck
was told by Mr. A uciello that the apartment was available to her and would
be rented to M rs. Petscheck when she returned from the cape on August 8,
1969, a lm ost two weeks later.
The defendant(s) advertised a three room apartment and w ere willing to
rent it to a white person for eighty (.$80.00; o r ninety ($90. 00) dollars a month,
depending on whose testim ony one re fe r r s . Defendant(s) indicated a w illing
ness to rent five (5) room s to plaintiff(s) for one hundred twenty ($120.00)
dollars a month, but retracted that o ffe r when Mrs. Knight expressed accept
ance.
Subsequently, during negotiations, the apartment was offered by defendant(s)
to plaintiff(s) with the follow ing conditions: 1. plaintiff(s) would have to sign
a six (6) month lease wherein they would waive notices; 2. wherein plaintiff(s)
- 4 -
would not bo allowed to park their car at the rea r of the building in question
as other tenants of the building w ere allowed so to do; 3. wherein plaintiff(s)
would have to rent the five room s; and 4. wherein the rental would have been
one hundred twenty ($120. 00) dollars a month.
The lease was insisted upon despite the fact (hat defendant(s) own other
parcels o f real estate and that no other tenant, in any building they own, was
o r is requ ired to execute a lease.
The one hundred twenty ($120.00) dollars a month rental was insisted
upon despite the fact that defendant(s) agreed to rent five (5) room s to
T ester #2 (M rs. Petscheck) for ninety ($90.00) dollars a month, and Tester
H2 was not required to put a deposit on the apartment despite the fact that
she was not to return to Som erville until August fl, i960.
The fact that defendant(s) asked fo r said lease notwithstanding that no
other lea ses are required from defendant(s) tenants, that only five room s
w ere available to plaintiff(s) at said one hundred twenty ($120.00) dollars
notwithstanding the fact that defendant(s) agreed to rent five (5) room s to
Tester #2 fo r ninety ($90. 00) dollars per month, after having advertised
three (3) room s, c learly indicate d iscrim inatory and unequal treatm ent of
the plaintiff(s) by the defendant(s).
The defendant(s) discrim inated against plaintiff(s) because of their co lor
(i. e. b lack), flouted the law against discrim ination in the face of plaintiff(s)
and expected plaintiff(s) to d isregard the actions of defendants(s) as " ju st
another d iscrim inatory act in plaintiffs ' lives . " It is submitted that to
expect such a reaction from plaintiff(s) is further evidence o f defendant(s)
discrim ination.
Frustration and humiliation are the natural results o f discrim ination and
the damage caused is anything but de m inim is.
The fact that plaintiff(s) have been discrim inated against before by others
because o f their co lo r cannot innure to defendant(s) benefit.
- 5 -
The only method of attempting to red ress the wrong com m itted by the
defendant(s) on plaintiff(s) is to com pensate plaintiff(s) in term s of dollars.
Further, the com pensation should he m ore then nominal. In this case
the d iscrim ination was o v e r t and hum iliating, further increased by the
fact that this was a newly m arried couple looking for their first apartment,
and each having to be subjected to this discrim ination in front o f the other.
L oss o f dollars in the pocket by defendant(s) will have a m ore com pelling
influence on the future actions of defendant's) and on people who d iscrim inate,
than m ost anything else this court has available under §1343 (4).
Dam ages to p la intiff's) have been m ore than nominal, it is submitted, and
in addition substantial legal se rv ices and cash disbursem ents have been in
curred by plaintiff(s). Legal se rv ices and cash disbursem ents have been set
out in A ffidavit o f Legal Services filed at the tim e of trial and in Supplemental
A ffidavit o f Legal Services filed herewith.
Under §1343 (4) this Court has the power to award plaintiff(s) that sum of
money which will adequately com pensate them for their hum iliation, fru stra
tion, e tc . caused by defendant(s) discrim ination. Further, this Court has the
power to award plaintiff(s) not m erely nominal legal fees , but rather realistic
legal fe e s , having in mind both the hours spent by plaintiff(s) counsel, and
the fact that defendant(s) were adequately forew arned as to the possib le results
of a violation of §1982. In addition, both under §1343 (4) and F ederal Rule
54 (d), this Court has the power to award plaintiff(s) their costs (cash d isbu rse
ments. )
Tly their attorneys,
NISSKNP.AUM ?i NISSF.NUAUM*
/ O' L (\f j l ) l / i t / l o
t 'i 'U <L 3 I t 3/ 7 0
UNITED STATUS DISTINCT UH.’ HT
DISTRICT OF MASSAC l i i ’SKTTS
OWEN S. KNIGHT and
PRENDEE M. KNICTIT,
plain! iffs.
ROCCO AUC1EEEO, ANNA
ATJCIELLO and FTLOIViENA. ROSSI,
Defendants,
CIVIL ACTION
No. 6 9 -8 3 8 -F
SUPPLEMENTAL AFFIDAVI r OF LEG AL SERVICES
Now com es A ttorney Gerald L. Visscnimni'i and says that the following
is a further statement o f his time spent in the trial of this ease and in the
preparation of P laintiffs ' Requests fo r Rulings o f Law and Findings o f Fact:
Tuesday, M a r c h 17, 1070
At Court fo r trial o f m atter 10:00 A . IVi. rail o f list, to
com pletion o f day at -1:00 P. M.
Wednesday, M a r c h 18, 1070
At Court fo r com pletion of trial, 10:20 A . M. to 4:25
P. M.
Friday, M arch 20, 1070
Drafting Requests 7:00 to 10:150 P. M.
Saturday, March 21, 1070
Completion o f Drafting and Drawing Requests
12:00 to .'5:30 P. M.
6 hours
5 hours 55 minutes
3 hours 30 minutes
3 hours 30 minutes
Total tim e
Total due fo r se rv ices this sheet
Total due fo r se rv ices as per Affidavit
Total due fo r se rv ices rendered
Cash disbursem ents
17 hours, 55 minutes
$330.00
$1 ,400 .00
$2 ,030 .00
69. 58
Total due fo r se rv ices and disbursem ents $1,099. 58
a ( > '
I
r-\
f e e t - t v , - (/ V / j / 7 0
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
J| OWEN S . KNIGHT and
|! PRENDEE M. WEIGHT, )
)
Plaintiffs,)
)
)
ROCCO AUCIELLO, ANNA AUCIELLO )
li and FILOMENA ROSSI, )
It Defendants,)
v.
CIVIL ACTION
No. 69-838-F
li
P
i 3.
4,
Findings of Fact and Conclusions of Law
| Now come all the defendants in the above entitled action and
, respectfully request this Honorable Court to make certain findings
1 of fact and conclusions of law as follows:
I Findings of Fact
|j 1* Rocco Auciello fcnd Anna Auciello own a three family house
at 28-30 Glen Street, Somerville, Massachusetts;
That Filomena Rossi is the daughter of Mr. and Mrs. Auciello;
That Filomena Rossi has no interest in, or has any title to i
the house at 28-30 Glen Street; I
That on July 25, 1969, Judith Wilson saw an ad in the
Somerville Journal regarding an apartment on Glen Street;
That the said rental ad contained no amount of the rental
price;
That Miss Wilson told Mr. and Mrs. Knight to seek rental of
the Glen Street apartment;
That on July 25, 1969, Mr. and Mrs. Knight met with Rocco
Auciello at 28-30 Glen Street, Somerville, at 7:30 p.m.;
That Mr. Auciello thought Mrs. Knight was too young to be
married and wanted to check the story of Mr. and Mrs. Knight
further; ^
That in order to stall them temporarily, Mr. Auciello told
Mr. Knight to call back later, as he thought the apartment
was already rented;
That Mr. Knight was angry during the ten (10) minutes or so
that he was in the company of Mr. Auciello, for he felt that
Mr. Auciello was not telling him the truth; * I
i 1
!' 6 .I!
I
•li
|i7-
!i
8 ,
.1
1 0 .
XI. That Mr. Knight was not entirely positive that Mr. Auciello
discriminated, for he called Mr. Auciello bach about two or
]| three times more the same evening;
i! 12.
•: 1 3 .
14.
i 15.
!i 16-;I,
i;
!l 17.
‘I
i s .
19.
I! 20.
21.
! 22.
,! 23.
24.
25.
(
I
!l
That there was no evidence of humiliation of Mr. Knight, for
Mr. Auciello was a gentleman to him at all times;
That the only evidence of anger or frustration of Mr. Knight
was for a short period of time on the evening of July 25,
1969;
That on July 26, 1969 or at any time Mrs. Rossi made no
rental of the property, but rather only made appointments to i
have persons meet with her father;
That Mrs. Rossi's telephone number was listed along with her
father's number, for her mother did not speak English;
That Mrs. Knight and Miss Wilson met with Mr. and Mrs. Auciello
and Mrs. Rossi at the Auciello home on the evening of
July 26, 1969;
That on the said July 26, 1969, Mrs. Knight agreed to rent the
five (5) room apartment for $120.00 per month;
That Mrs. Auciello, at said meeting, indicated that she
wanted to move into the apartment herself, for she did not
get along with her son-in-law;
That Mr. and Mrs. Auciello had a violent argument about
moving into the apartment, for Mr. Auciello wanted to rent
the apartment;
!
That Mr. Auciello promised Mrs. Knight could have the apart
ment if he didn't take it himself;
That Mrs. Knight didn't believe Mr. Auciello and thought he
was a "creep*;
That when Miss Wilson drove Mrs. Knight from the apartment,
Mrs. Knight was quiet and had no tears;
That there was no evidence of humiliation of Mrs. Knight,
for Mr. Auciello was a gentleman to her at all times;
That when a third party, Mrs. Barbara Petscheck, called about
the apartment, Mr. Auciello told her that he could not rent
the apartment to her;
That Mr. Auciello was told by his attorney that
Mr. and Mrs. Knight were proper persons for the apartment,
could afford the rent, and that the apartment should be
rented to them;
. i
That Mr. Auciello authorized his attorney to call the plain- i
tiffs' attorney to arrange for the rental; ,
Iy
/
27. That prior to commencement of any law 3uit, defendant*• i
!| attorney told plaintiffs' attorney. Attorney Nissenbaum, !
i| that Mr. and Mrs. Knight could have the apartment; i
!i i
jt20. That the Defendants’ Answers to the Complaint state that the
plaintiffs were free to rent the apartment with only the
■j terms to be negotiated;
■i29. That Attorney Niasenbaum demanded that the rent would be !
j; §90.00 per month rather than the $120.00 per month as agreed i
ji upon by Mrs. Knight;
j|
| 30. That Attorney Niasenbaum convinced Mrs. Knight not to pay
! $120.00 per month; i
i' 31. That Attorney Niasenbaum told Mrs. Knight that he would get
j ; the apartment for $90.00 per month;
J 32. That Attorney Nissenbaum discouraged negotiation of any
rental terms; !
t| 33. AND THAT Mr. and Mrs. Knight rented some other apartment
while the Auciello apartment was still vacant and available.
■ ii I
! Conclusions of Law
'i WHEREFORE, all defendants respectfully request this Honorable
] j Court to conclude:
jj
|j 1. That Mrs. Filomena Rossi was not the owner or landlord of
28-30 Glen Street, Somerville;
: , j, 2. That Mrs. Filomena Rossi was not an agent of Mr. and Mrs. Rocro
Auciello;
j 3. That Mrs. Filomenia Rossi did not in law or in fact discrimin-
nate against Mr. and/or Mrs. Knight;
li
That Mrs. Anna Auciello never spoke to any of the parties and
did not discriminate against Mr. and/or Mrs. Knight;
8 .
I
j 9 .
That a landlord's desire to live in an apartment, rather than
rent to any other persons, is not discrimination in housing;
That Mr. Rocco Auciello did not discriminate against Mr. and/
or Mrs. Knight;
That Mr. Auciello's cautiousness in checking on prospective
tenants is not discrimination;
That there was very little or no personal damages suffered by
either Mr. or Mrs. Knight;
That there was no actual damage suffered by either
Mr. or Mrs. Knight;
That Mr. and/or Mrs. Knight did not engage the services of
Attorney Nissenbaum and have no obligation to pay for any
legal services;
AND THAT Attorney Nissenbaum's Bill for Services would not
be as high as submitted to the Court if he had incouraged
Mr. and Mrs. Knight to rent the apartment prior to suit,
rather than to discourage negotiation for the terms of the
monthly rent.
Respectfully submitted,
frank A. Marciello, Jr.
Attorney for Defendants
UNITED STATES DISTRICT COURT
d is t r ic t of i<ASiV«»:jivu;i?i t r
OWEN S. KNIGHT and
PRENDEE M. KNIGHT,
Plaintiffs
V.
ROCCC AUCIELLO, AHNA
AUCIELLO and FILOMNJA ROSSI,
Defendants
O P I N I O 1
April
FORD, D.J.
This 1 3 an action ior waiiarjey brought undor
20 U.S.C. §1343 baaed on alleged discrimination in
housing rental in violation of 42 it.S.c:, Sii .2.
Defendants Rocco and Anna A.ueiiilo ara the
owners of a house at 20—30 Glen Street in Somerville,
in which there was a vacant apartment which they were
seakinj to rent. They placed a notice in the July 24,
1061* issue of a Somerville paper wi.icV reads
"SOM,, 3 mis., 2nd fir., jnu ht., c.h.w.,
all modern. Adults only. C2-— 3300 or
660-1042. **
One of the telephones listed was that of tno Auciollos.
The other that ol their daughter, defendant Filonicna
CIVIL ACTION
No. t*:-033-F
Rossi
PJaintif t3 at that time had 1; sou recently
married. They vara iooki.ij for a:: apartment cf their
own, but meanwhile were livin/ with t ’_ir respective
families. One Judith MiIson, a tester for the
Somerville fair llouaiivj Cona.dtr.oj, saw the advertise-
rnent in the Somerville paper ru'd called it to the
attention of the plaintifr's.
Or. July 2S, l r'fiC' Judi th W ilson and Mrs.
Knir-ht went to 2 d -3 0 Glen Street. They had a short
time earlier that oveuin j taik-.-J by te le p h o n e both to
Mrs. Pos3i and Mrs. Auciello and had beau told tliat the
apartment was still available an.d c o u l #* Lo scar by them
that tv/eainj. A tenant in the first floor apartment
showed them a throe—room aparbmout on trie second floor.
They also were told that there* ware two u.oro rooms on
the third floor which wore beiti^ used f o r storage.
Later they talked with Mr. Aueiclio, who atatod that he
had no objection to rentinj th e apartment to colored
people, that the rent would be $ 0 b .0 b o r $’.0 .0 0 a
month, but that h is daughter K .d teker. a deposit from
another p r o s p e c t iv e tenant hbov.t t h i r t y minutes before,
lie asked then to telephone him l a t e r t o le a r n i f the
other tooant would toko back hia.d e p o s i t . when Mr.
Knight did telephone lator that r.ight, .Yaeiollo said
a contract had boon signed with the other tenant and
nothin ; could be done.
On July 26 Judith Kilscu ta lk e d on the tele
phone with Mrs. P o s s i, who s a id th e apartM int had not
yet been ra n ted and could b o a ear. th a t evwiiin j. Judith
V7ilacn and Mrs. Kr.jght a ;a J ri lo ck e d at the apartment
that evening. Mr. Auciello a r r iv e d th e r e soon after
they did. At hie suggestion th ey went to his home whore
they discusser! rental o f th e apartm ent w ith bin and his
wife and daughter. Auciello ct.a t d that another pros
pective tenant was willing t o pay $12; a Month fo r the
apartment if the two third-floor rooms were included,
and indicated that if the Knights co u ld pay $120 for
the five rooms, they could rent them. M rs. Knight
immediately said "I’ll taka it". At th a t p o in t Mrs.
Auciello objected that she wanted t o move in t o the
apartment herself. At the c o n c lu s io n o f the conversa
tion Auciello stated he w ould c a l l p l a i n t i f f s i f the
Auciellos decided not t o move in t o the apartment
themselves.
One Mrs. Petscheck, another tester for the
Somerville Fair Housing Committee, also saw the
apartment on the evening of July "5. ihe talked with
Auciellc who said he was having some problems in rent
ing the apartment but that it could be available for
Mra. Petechuok ca August 3.
At a later date, after both sides had con
sulted attorneys, Aucisllo did offer to rent the apart
ment to the Knights subject t o agreem ent as tc the
amount c r th e rent. lie agroom ent was over reached cn
this point. Since the ccnroenceir.ent of this action
the plaintiffs have rented an oth er apartment. At the
present time they ask only for damages and n ot fo r
occupancy o f the apartment in '-mostion.
The c o u r t f in d 3 th a t w h ile A u c i is l lo p r o fe s s e d
t o have no o b je c t i o n t o th e p l a i r t i f f a b e ca u se o f t h e ir
c o l o r and in d ic a t e d th a t he was aware th a t th e law
fo r b a d e d is c r im in a t io n on such -jround, th e A u c ie l l o s
d id in f a c t u se ( a l e e r e p r e s e n ta t io n s as t o n e g o t ia
t i o n s w ith o th e r p r o s p e c t iv e te n a n ts and as t o t h e ir
in t e n t io n to o c c u r / th e apartm ent L r e r s c ’ / e a as su bt.er—
fu jus t o a v o id an e x p re s s r e fu s a l t o r ..tic th e apartm ent
t o th e K n iyhtn , th a t Urry d id in fa ce r e fu s e t o rent,
th e apartm ent t o p l a i n t i f f s beoaus-j oS t h e i r race and
c o l o r and cou serra en tly v i o l a t e d .«U > > ? .
Ix .fen da n t r cB a i oliriw -jb iuw; oo ioph or.e to b e
liato-v/ in th e a d v ert i 3 ir on l . nr.u diei d i s t u s r Lae a p a r t
ment r .i th e te le p h o n e w ith p r o i p j c t i v : t e n a n ts , in s o
d o in .j sh e an ted 1:c a s s i s t nor p a r a it s , an t p a r t i c u l a r l y
h er m other* who rloaa n o t soeaV m u l i s h w e l l . She had
nr. ow n ersh ip in t e r e s t in th e p r o p e r ty , sho h a i no
a u t h o r it y t o a ct as an a je . i t .'<7 n s r l a r w t s ir. r o n t in j
th e p r o p e r t y , and alw ays in fo n . e«l prosn .-^otive te n a n ts th a t
any a treatment as ho re n ta l wo have to L j nano w ith
her fa t h e r . On th e a ./’.ounce th e -• n.rt ."i.-; 1=, th a t i t
has n o t aeon shown that oho ••> ir c i .c ir a ’- * ,> any v i o l a t i o n
o f 5 ’
th e r e was no e v id e n c e o f a ly a r t m i m onetary
lo s s s u f f e r ad by p l a i n t i f f s as -j r -s u l.t cv d e fe n d a n ts *
fa i lu r e tr. r e n t that, th e a p a rt.: v : . D efen d a n ts appear
t o have been o o l i t e a t a l l t ia .e s .'"urir. t the nogot.ia-
t i o n s and made no a ttem pt t o i i s u l t o r H u m ilia te
p l a i n t i f f s . « * la in t ifC 3 , h ow ever, d id s u f f e r d i s a p p o in t -
msnt a t e x p e r ie n c in g an oth er fa r lu r e ir- th e ix ’ e f f o r t s
t o o b ta in an apartm en t, and s : ~ ‘ .?rnd anger and h u m ilia
t i o n when th ey r e a l i s e d t l . i t d j ,?3 :icarits d id n ot w ish t o
rnr.t t c them b eca u se o f t h e i r ra ce and c o l o r and v/ere
r e s o r t in g t o s u b te r fu g e t o a v o id d o in g n o . The c o u r t
as8ease3 in t lu : aeount- o - .,c „ . e■ n - - • '«o dw^rd c f
c o u n s e l Cac-fj w i l l be rv.f-.t’e .
JUd* ,;,e;'t ^ '»« « - .t r r o c ' in a cccri.’ anr a
h0reW lth i " t O n i n t i l f a a daroR danta
nocco an, ,nna ^ i o U , for ,Uomena
R o s s i .
• 6
O E F I V - B ' .../ ,
rtceivod 4/ilfao
UNITED STATES DISTRICT COURT
DISTRICT OK MASSACHUSETTS
OWEN S . MIGHT ET AL
T.
ROCCO AUCIKUO BT AL
J U D O M E N T
CI7IL ACTION
NO. 69-838-F
FORD D .J .
After trial on the merits before this Court sitting without
Jary, and in accordance with the Opinion ■ dated April 22, 1970 it is
ORDERED
that judgnent be and hereby is entered for the plaintiffs
against the defendants Bocco and Anna Aoclello in the sum of $500.00,
and it is
FURTHER ORDERED
that judgment be and hereby is entered for the defendant
Filonena Rossi dismissing the complaint.
By the Court
i
F o r m A . O . 1311 11-63) IUM. o r COSTS
Urntpfc states District (Eourt
for tlje
GLN/\| s /-?h o 0 F F l C £ ■o Py
............D istrict o f M assachusetts
OV EN KNIGHT et al
vs.
ROC 1.0 AliCIELLO et ali
► C ivil a c t io n f il e No .
69-838 -F
l
}
Judgment having been entered in the above entitled action on the twenty-sixth
A pril , 19 70 , against R occo A uciello *• Anna A uciello
the clerk is requested to tax the following as costs:
B I L L OF C O S T S
Fees of the clerk - entry
Fees of the xauotx* Deputy Sheriff under speci il ippt.
Constable - se rv ice of.summonf. Fees of the court reporter Tor air or any pat ■ ortne
transcript necessarily obtained for use in the case
Fees and disbursements for printing
$ 15.00
16. 10
10. 50
Fees for witnesses (itemized on reverse side)
Fees for exemplification and copies of papers
necessarily obtained for use in case •
Docket fees under 28 U. S. C. 1923
Costs incident to taking of depositions
Cost as shown on Mandate of Court of Appeals
O t h e r C o s t s ( P l e a s e i t e m i z e )
day of
Total $ 1 4 4 . 6 0
/ 'i
State of M assachusetts ' > l ss:
County of M iddlesex
. . . do hereby swear that the
foregoing costs are correct an^were necessarily incurred in this action and that the services for w h ^ _
fees have been charged were actually and necassarily performed. A copy hereof was this dayXJuOiXJdeliver
to Frank A. M arcie llo . d r . . Esquire xrtiaxirectoeex
XaDwtisiopxkK kxx-Rxx
Please take notice that I will appear before the Clerk who will tax said costs on Thursday,
May 7 ,19 70 at 9;0 0 A .M .£ / l>
Attorney for Plaintiffs
Subscribed and sworn to before me this fourth day of jyiay , • ̂ A- D- 19 70
at Som erville . M ass.
V..1. .. ' .................... ................................-.........
Notary Public.
Costs are hereby taxed in the amount of $ , __ . day ̂ , 19 , and that amount included in the judgment.
Cierk.
g y ...............................................................................
' ........... Deputy Clerk.
NOTE: SEE REVERSE SIDE FOR AUTHORITIES ON TAXING COSTS.
- \
Witness Fees (computation, cf. 28 U. S. C. 1821 for statutory fees)
Narue and Residence
Attendance
Total
D »jn Coat
SabtiateDre
Total
l>uy» Tout
Mileage
Total
Milea Coat
Total Coat
Each Wltneaa
R occo A uciello
P earl Street, Som erville , Muss. 5,00 ) $5. 00
Anna A uciello 5. 00 i Served 5 .00
P earl Street, Som erville , M -se .
) c, >nstabli : Of S sm ervi le
F llom ena R ossi 5.00 } 5 .00
Pfearl Street, Som erville , Mubb. *
Barbara Petschek
17 Preston R d ., Lexington, M rae. ? 40. 00 ';0 o o 46 .00
Judy V ilson 2 40.00 20 2.00 42.00
85 Clarendon A v e ., Som erville , Mas s.
95. 00 8. 00
TO T AL $103.00
N O T I C E
Section 1924, Title 28, U. S. Code (effective September 1, 1948) provides:
"Sec. 1924. Verification of bill of costs.”
"Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall
attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having
knowledge of the facts, that such item is correct and has been necessarily incurred in the case and
that the services for which fees have been charged were actually and necessarily performed.”
See also Section 1920 of Title 28 which reads in part as follows:
“A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.”
The Federal Rules of Civil Procedure contain the following provisions:
Rule 54 (d)
“Except when express provision therefor is made either in a statute of the United States or in
these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise
directs; but cost against the United States, its officers, and agencies shall be imposed only to the
extent permitted by law. Costs may be taxed by the clerk on one day’s notice. On motion served
within 5 days thereafter, the action of the clerk may be reviewed by the court.”
Rule 6 (e)
“ Whenever a party has the right or is required to do some act or take some proceedings within
a prescribed period after the service of a notice or other paper upon him and the notice or paper is
served upon him by mail, 3 days shall be added to the prescribed period.”
Rule 58 (In Part)
“The entry of the judgment shall not be delayed for the taxing of costs.”
n;;i i i;n :,t a t i ;s d is t r ic t c o u r t
J' OI{ IIIU DISTRICT OF MASSACHUSETTS ' :; f̂r/C£
H“ 1 Sflttl*.
OWEN S. KNIGHT and
PRENDEE M . KNIGHT,
Plaintiffs
v .
ur s 1.1 . . , .
CIVIL ACTION
NO. 69 -838 -FROCCO A UCIELLO, ANNA AUCIELLO )
and FILOMENA ROSSI, )
Defendants )
CONFORM THEREWITH
---------- (MOTION FOR NEW TRIAL AND AMENDMENT OF JUDGMENT)
Now com e the plaintiffs in the above matter and m ove that this
honorable Court amend its findings of fa ct , make new findings of fact and
to so find as fo llow s: /.
As to page 1 of the Opinion, so that the second paragraph will read:
" * * * in which there was an apartment which was
to be vaca ed on July 31, 1969 by the then tenant.
noUccT*'^ * ’ 8CCkinR t0 FCnt thc sa™ * placed a
2. • As to page 2 of the Opinion, so that the second paragraph will
28 n ^ n ? 5 ' c ? 69 M r* and M rS‘ KniSht wcnt to " T S
30 Glen Sitreet. They had a short tim e e a r lie r
that cvenm g talked by telephone to M r. A ucie llo
and had been told that the apartment was still
available and could be seen by them that evening.
tenant, who was m oving, showed them the
apartment in question. It was a three room
apartment. The Knights w ere told that there were
, T rc fr ° 0ma on the thi^ flo o r which were being
fhr>d *f°n. a‘ ora f • shortly after viewing the apartment
they talked with M r. A u cie llo , who had com e to the
Glen Street address. M r. A ucie llo stated th a tW h a d
no objection to renting * * * t "
A s to page 3 of the Opinion, so that thc word " M r ." be in s e r te d ?
on the first line just before the w ord 'A u cie llo ."
Page 2
: 4.;|I
As to ]KlgC
just after the word "
i i 5’
As to page
instead of "July 25".
Iia 6.
j!
As to page
I. "would".
i.'!
i i 7'
As to page
1
ij 8. As to page
As to page 6 of the Opinion, to increase the award of damages.
As to page 6 of the Opinion, to award counsel fees, which fees are
|. reasonable in light of tlie time and services rendered to plaintiffs in the
'! prosecution of their claim.
By their Attorneys,
NISSENBAUM & NISSENBAUM
Plaintiffs hereby request that they be allowed oral argument on
j; the above motion, which argument they estimate will consume thirty minutes
I and which argument the plaintiffs believe will aid the Court in rendering its
j' opinion as to damages and as to counsel fees.
il By their Attorneys,
ii
Ii ̂ NISSENBAUM & NISSENBAUM
J3y
CERTIFICATE OF NOTICE
J $ .,72 M ^ 3 b . J ? 7 o
i
1,
']
|j I hereby certify that I have this day given written notice to Frank A .
ji Marciello, Jr. , Esquire, the Attorney for the defendants by mailing a copy
i| of the within, postage prepaid, to his office at 100 Broadway, Somerville,
'! Massachusetts 02145.
q Under the pains and penalties of perjury.
• f l -
I
\ ■* < '/ /7 / o
" i : \i nr . i r \"
AI'I'T! ) AyTT
Now come OWEN S. KNTOIIT and PKKNOW'; M. KNTOIIT and upon
oath state as follows:
1. That on the entry date of the within case, August 7, 1969, Owen
S. Knight resided with his parents at 19 Dell street, Malden, Massachusetts
and was a student at Newman Preparatory School, 245 Marlborough Street,
Boston, Mass. Class hours were basically from 9:00 A. M. to 8:00 P. M.
and the tuition was paid for under the "o . T. Bill".
2. Also on August 7, 1969 he was employed as a part time clerk by
fhe 1.1* S. Post Office at South Postal Annex. Boston, Mass. , working from
6:00 P. M. to 10:00 P. M. and earning approximately $180. 00 per month net.
3. On said August 7, 1969 Prendee M. Knight was living with her
parents at 231 Chelsea Street, Everett, Mass, and was employed as an
ancoding operator by the National Shawmut Bank, 3 Water Street, Boston,
Mass, and receiving a monthly net salary of approximately $325. 00.
4. The parties were married on February 0, 1969 and had been seeking
their first apartment at the time of the discrimination by the defendants.
5. In September 1969 they moved into their first apartment at
11 Lisbon Street, Malden, Mass. . paying a rental of $67. 00 per month
without utilities. On .Tunc 1 , 1970 they moved to their present address at
30 Bowdoin Street, Malden, Mass., paying a present rental of $75. 50 per
month without utilities.
6. On moving to their first apartment it was necessary for them to
purchase furniture and other furnishings at considerable expense. Also at
that time Prendee M. Knight stopped working as she was pregnant.
7. Prior to May a, 1970 it was necessary for them to purchase cribs,
layettes and other baby furniture and furnishings at considerable expense.
- ' s -
I
I
I.
8. On May 5, 1070 twin girls were born to them at I he Malden
Hospital, Malden, Mass.
9. Since the birth of the twin girls there has been continual expenses
such that Prendee M. Knight was obliged to find employment.
10. Prendee M. Knight started working for Blue Cross-Blue Shield,
133 Federal Street, Boston, Mass, about October 15, 1070, working the
hours of 8:30 A. M. to 4:4a P. M. and earning about $280. 00 per month net.
11. At the present time Oven S. Knight is employed by the TJ. S. Post
Office as a clerk at the South Postal Annex, Boston, Mass. , working from
3;30 P. M. to 12:00 midnight and earning approximately $400. 00 net per
month.
12. Each working day it is necessary for them to obtain the services
of a baby sitter to stay with the twin girls between the hours of 3:00 P. M.
and 5:30 P. M.
13. At the commencement of the proceedings herein the plaintiffs
had as their only asset a savings account in the total amount of approximately
$400. 00, which funds were used for the purchase of necessities.
14. At the present time the plaintiffs' only assets are their current
income and a savings account in the sum of $201.00. As liabilities
plaintiffs have various outstanding bills as a result of the stated purchases,
together with normal living expenses.
15. To date plaintiffs have not paid all or any part of the attorneys' fees
incurred in this proceeding and, further, are not in a position to undertake
payment of the same.
Subscribed under the penalties or perjury this twenty-seventh day of
November. 1970.
II
(\
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
OV EN S. KNIGHT and )
PRENDEE M. KNIGHT. )
)
Plaintiffs )
ROCCO AUCIELLO, ANNA AUCIELLO )
and FILOMENA ROSSI. j
)
Defendants )
NOTICE OF APPEAL
Now come the plaintiffs in the above -entitled matter and claim
appeal from the United States District Court for the District of
Massachusetts in that said Court denied plaintiffs' motions:
a. to amend findings of fact, to make new findings of fact and to
alter and amend the judgment to conform therewith;
b. for a new trial;
c. for amendment of judgment.
Said motions were made after plaintiffs obtained judgment in the sum
of Five hundred ($500. 00) dollars. The motions were made to correct
certain factual errors in the opinion, to obtain reasonable counsel fees under
42 USC 1982 and to obtain punitive damages.
Said motions were denied on March 1, 1971.
By their attorneys.
NISSENBAUM & NISSENBAUM
CIVIL ACTION
NO. 69-838-F
■&
By:
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
C.A. 69-838-T FORD, D. J.
OWEN S. KNIGHT, et al
v.
ROCCO AUCIELLO, et al
Appearances:
^erald L. Nissenbamn, Esq., 84 Broadway, Somverville
Massachusetts 02145, for the Plaintiffs.
rrar.K A. Marciello, Jr., Esq., 100 Broadway, Somerville,
Massachusetts 02145, for the Defendants.
FIRST DAY
i
Court Room No. Three
Federal Buildinp, Boston
March 17, 1970
The COURT. Tell me, please, what vou hope to
prove on the question of damages and we will put it on
the record.
Mr. MISSENBAUM. May it please the Court, my name is
Herald Nissenbaum and I represent the plaintiffs, and in
the plaintiffs* case we are attempting to have evidence
adduced for his Honor that will show that the defendants
individually and severally discriminated against each
plaintiff, in violation of the Act of 1866, Sixteenth
Statute 27, United States Code, Title **2, Section 1982.
We will attempt to show that as a result of this
discrimination each of the plaintiffs suffered both
frustration and humiliation.
Further, we will show that this discrimination
continued after the defendant Rocco Auciello was clearly
informed of the 1866 Act and the potential consequences
flowing from a violation of this Act, and further, in
violating this Act, assuming we can prove that the Act
was so violated, this continuation of the discrimination,
even more than perhaps in other cases, caused the plain
tiffs further frustration and humiliation, and because
o f the discrimination which we allege, in addition to
the suffering and humiliation the plaintiffs have also
been caused to spend money for legal services, incur
a debt for legal services, and for cash disbursements.
1-3
So for the purposes of this case we ask that the
Court award the plaintiffs damages.
I would like to call the first witness, Mr. Owen
Knight.
OWEN S. KNIGHT t Sw«r.n
Direct Examination by Mr. Nissenbaum
0 Would you state your name and present address, please?
A Owen S. Knight, 11 Lisbon Street, Malden.
Q And your present employment?
A I an working for the United States Post Office.
The COURT. What?
The WITNESS. Post Office.
’ Sefarrin* to July 25th, 1969, did you hav. occ.ion to
seek an apartment in Somerville for rent?
A Yes, I did.
0 Will you tell the Court the circumstances as to how you
became aware of this apartment?
A I had contacted Fair Housing for a list of people in my
area who I might contact, so they gave me a list of
apartments available. Wilson called my mother —
Mr. MARCIELLO. Your Honor, I am going to object at
tnis time.
The COURT. Let's get the hearsay out of this.
As a result of this search, were you made aware of a
A -H
particular apartment?
A Yes, I was.
Q On Glen Street, Somerville?
A Yes.
Q What number?
A 2 8 Glen Street, second floor left.
0 Did you actually go to see that apartment?
A Yes, I did.
Q Will you tell us when that was and the circumstances of
your seeing that apartment?
A It was on July th. 25th. I c.U.d the apartm.nt and -
called the number I was given. I was told that th.
apartment —
Mr. MARCIELLO. Objection, your Honor.
The COURT. Strike it out.
Q Did you make a telephoneoall?
A Yes, I did.
Q Who did you speak to?
A It must have been —
Mr. MARCIELLO. No.
Q Do you know who you spoke to?
A N’o, I don't.
As a result of the phone call, did you go to 28 Glen
Street?
A Yes.
Q What did you do when you got there?
A I went to the door of the second floor and I rang the
bell. The tenant let me in and showed me the apartment.
I told her --
Mr# MAPCIELLO. No, your Honor.
The COURT. No hearsay.
Q You saw the apartment?
A Yes.
What did you do after you saw the apartment?
A I then left and waited for Mr. Auciello to arrive.
Q Mr. Auciello, the defendant?
A Yes, sir.
Q What time did you actually view the apartment?
A 7.00 o'clock.
Q Did you see the apartment by yourself or with your wife?
A My w i f e w-is w i t h me.
The COURT. Did you say you saw the apartment with
the defendant Mr. Auciello?
The WITNESS, No, sir. It was my wife.
The COURT. You had seen the apartment earlier in
the day?
The WITNESS. No, sir, at 7.00 o'clock I arrived
and the tenant who was there showed me and my wife the
apartment.
The COURT. 7.00 o'clock at night**
The WITNESS. Yea, sir.
The COURT. Thank you.
Did at any time Mr. Auciello come to the premises?
Yes, he arrived in a truck and drove into the back yard.
We then saw him go towards the back of the house. We
went up the front stairs, thinking he would let us in
the door, and we could hear him talking upstairs.
You could hear Mr. Auciello talking?
Yes.
Could you hear what he was saying?
We learned —
Mr. MARCIELLO. Objection, your Honor.
The COURT. No.
Yes.
Did you hear Mr. Auciello?
Yes.
What did he say?
Mr, MARCIELLO. Your Honor, I am going to object
again.
The COURT. He may answer the question if he heard
Mr. Auciello say anything.
Mr. MARCIELLO. Your Honor please, may I be heard?
The COURT, Yes.
Mr. MARCIELLO. At this point, your Honor, I haven't
heard any evidence whatsoever as to laying of the
foundation that he even knew who Mr. Aucieilo was
d r . M -•
* / .TCICLLC. H
• Y • .
i COURT. There
t ' n . M /
' . ' ■ ' T r i « n
V X k~i k _ . j ' v / ^
he c i r < - t h e v o i c e .
Mr. h i j OLHbAL'M.
There i s r.o e v i d e n c e t h e v o i c e he h e a rd was t h e v o i c e
c i d r . A u c i e i l o ,
The CGLK7. That i s t r i e , t o o . Where i s he ? I s he
h e r e in c o u r t ?
-LLC, He i s , your H onor .
, T he re i s n o t h i n g l i k e i d e n t i f i c a t i o n .
an t a l k inf, o f a t the t i m e he
d'ii.1 e s t a b l i s h , I believe, y o u r
H o n o r , t h a t , anJ i n s e q u e n c e - -
The COURT. E s t a b l i s h i t now. Otherwise I will have
t o r u l e in i a v o r o f your o p p o n e n t . He i s telling about
v o i c e s u p s t a r t s . I t nay be the j a n i t o r ,
la d you h e a r a v o i c e - -
tie
The COURT, U n l e s s you canA i t up w i t h Aucieilo.
'•r. i1AF.Cir.LL0, Your Honor p l e a s e , I really don't
s e e t h e r e l e v a n c e . I t h i n k t h a t the d e f e n d a n t will
s t i p u l a t e t n a t t h e r e was s o r e c o n t r o v e r s y as to the
r e n t i n g o f the a p a r t m e n t , but t h e i s s u e i s the q u e s t i o n
o i d a m a g e s . I an w a i t i n g to h e a r t h e e v i d e n c e on t h e
h u m i l i a t i o n .
*Jia C.HFT, lie was l a y i n g some groundwork f o r t h i s
f r u s t r a t i o n .
■ r • MAPCIoLLO. I w o n ' t s e e t h a t e v i d e n c e f o r t h c o m i n g ,
your Honor,
The COURT. In accordance with what was stipulated,
confine yourself to the question of damap.es. I assume
that that apartment was available and refused. That
is the case. We are beyond that. As a result of that,
what happened?
Mr. NISSENBAUM. Well, your Honor, what I am trying
to show is during the negotiations for the apartment,
I am trying to show the frustration and humiliation
that the plaintiffs went through.
The COURT. While they were negotiating for the
apartment?
Mr. NISSENBAUM. While they were talking about
whether the apartment was for rent.
The COURT. There was no humiliation then, was
there?
Mr. NISSENBAUM, I think if you will hear the evi
dence it will be quite clear.
The COURT. If you tie it up to the defendant, I
will hear it.
Q Did you hear a voice through the door?
A Yes, I did.
Q And at some subsequent time did you hear that voice
emanating from a person you net face to face?
Mr. MARCIELLO, Objection, your Honor. It is leading.
1-9
It is his witness.
Mr. NISSENBAUM. If your Honor please, I think —
The COURT. I don't think that is leading. I will
allow it, anyway. It is within my discretion. Did you
hear that voice that you heard on this occasion later?
Yes or No.
The WITNESS. Yes, sir.
Q And who was the person whose voice it was?
A I heard Mrs. Trant.
0 That was the tenant?
A Yes.
Q How about Mr. Auciello?
A I heard Mr. Auciello's voice, yes.
Mr. NISSENBAUM. If my Brother please —
Mr. MARCIELLO. I haven't said a word, your Honor.
Mr. NISSENBAUM. The witness will get to this.
Just give him a chance.
The COURT. You asked i ̂ ieard the voice later, and
he said Yes. Mrs. Trant.
Mr. NISSENBAUM, I will skip that, your Honor, and
come back.
Q Did you later meet somebody outside the apartment that
night ?
A Mr. Auciello came down, came from the driveway.
0 And he introduced himself?
Q Did you have a conversation with him?
A Yes, I did.
Q Did you hear his voice in the conversation?
A Yes.
Q What was the conversation you had with him?
A He told me that the apartment had been rented and he
asked me why I hadn’t called earlier. I told him I had
called *»5 minutes prior and he told me his daughter had
rented the apartment 30 minutes before.
0 Did iou have any further conversation with him?
A After he told me this, I got angry, very angry, because
I had been turned on many times by similar reasons and --
Mr. MARCIELLO. Your Honor, may that statement be
stricken?
The COURT. He says when. Mr. Auciello told him he
rented the apartment, his daughter, 30 minutes earlier,
he got angry. That was his state of mind at that point.
It is admissible.
Mr. MARCIELLO. I am talking about the statement
that he got turned down for similar reasons. I am
asking that those words be stricken.
The COURT. No. I will allow it to stand. When Mr.
Auciello, defendant here, said he had rented it 30 minutes
e a r l i e r he grew a n g r y . That s t a n d s .
A Yes, as Mr. Auciello.
A I told him that I was quite displeased by what he had to
tell me, and he told me that the person had given a
deposit and that he was -- how sorry he was, that he
would like to rent the apartment to colored people and
we looked like such nice people.
Then he saw I was still upset, I wasn't satisfied
with what he had to tell me.
The COURT. No, no.
Q You were still upset after that?
A Yes, I was.
0 Did you have further conversation with him?
The COURT, That is a leading question. Strike that
out.
0 What happened next?
A I still wasn't satisfied with what he had to say.
He then told me he would try to get back the deposit
and he was 90 per cent sure we would be able to move in.
He told me to call him at 8.30 that night*
Q And did you leave at that time?
A Yes, I did.
Q And did you later have occasion to call Mr. Auciello?
A I called him at 8.30 and was informed that he was not in.
I called again at 9.00 and I was informed that he
was not in.
Q Did you have any further conversation with Mr. Auciello?
At 10.00 o'clock I finally raached him. H« told
me he was unable — the people would not taka back the
deposit and that his daughter had signed a contract and
there was nothing he could do.
He told me how sorry he was, and the next time he
had an opening he would let me know.
I then left my number with him and I called Miss
Judy Wilson.
Did you personally have any further conversation —
The COURT. Whom did he call?
Mr. NISSENBAUM. A Judy Wilson.
The COURT. Who is that?
Mr. NISSENBAUM. A witness who will testify.
The COURT. All right. He called one Judy Wilson.
Subsequent to the phone call that you made to Mr. Auciello
at 10.00 o'clock, did you personally have further converse,
tion with him?
N o, I did not.
fit the tine that you were seeking this apartment, were
you employed?
Yes, I was.
And who was your employer at that time?
I was working for the post office.
Will you describe to us the apartment that you saw?
Mr. MARCIELLO, Your Honor, I don't see the relevancy
pertaining to damages.
The COURT. Well, what was it?
Mr. MARCIELLO. All right, I will withdraw the
objection.
Q How many rooms did you see in the apartment?
The COURT, We are trying the issue of damages.
It is irrelevant.
Mr. NISSENBAUM, I think you will find, your Honor,
it is indeed relevant.
The COURT. Go ahead.
Mr. NISSENBAUM. I wouldn’t waste the time of the
Court if I thought it was irrelevant.
The COURT. All right, you can have it.
Q How many rooms in the apartment?
A I saw three rooms,
Mr. NISSENBAUM. Thank you,
I have no other questions of this witness.
Cross-Examination by Mr. Marciello
Q Did you look at the other two rooms upstairs?
A No.
Q You knew there were two other rooms upstairs?
A I was told.
Q And the two rooms went with the three rooms, making a
five-room apartment) were you told that?
*•*1
A No, I wasn't.
Q Didn't you learn there was a five-room apartment there?
A No.
Q Didn't your wife in fact talk in terms of renting the
five rooms for $120?
A We were told the two rooms might not be for rent.
0 Now you are getting around. Isn't it a fact that you
knew about the two rooms upstairs?
A Yes.
Q And it was all part of one apartment?
A It was the same apartment but not —
Q The same apartment?
A No.
Q All right. At some time — did you ever receive a call
from your attorney saying Mr. Auciello said you could
come into the apartment?
A I don't quite remember.
Wasn't there some talk about your renting the apartment,
but not for $90?
A Yes.
Q In fact Mr. Auciello told you, through your attorney,
through me, you could have the five rooms for $100 or
$110, didn't he?
A I really don't know. When —
Q Didn't you have some conversation, forget when? Sometime
after you looked at the apartment, sometime later did
you have some conversation with your lawyer about the
fact that Mr. Auciello would let you have the apartment
if you took the five rooms, which is one apartment, not
for $90, but rather $100, $110 or so?
I believe there may have been. I»m not sure.
What did you tell your attorney about renting it for
$100, $110? Did you say no, you wanted it for $f0?
I don't know whether —
Did your wife tell your attorney you wanted it for $90?
I don't know.
You vaguely remember some conversation with your wife
regarding the renting of the apartment?
Mr. NISSENBAUM. Objection, your Honor. The conversa
tion with his wife is a privileged one.
Didn't you have some conversation, then, with Mr.
Nissenbaum after I talked to him about renting the
apartrrent and you could have it but i t would be five
rooms for $100 or $110?
I said I might have but I'm not sure.
Now you say you saw Mr. Auciello around 7.00 that night
of the 25th?
Sometime after 7,00.
Did you see him at any other time?
No, I didn't.
You didn't?
No.
Did you have any conversation with him on the phone at
any other time?
About 10.00 o'clock that night.
I mean othei' than this day.
No, I don't believe I did.
So you never had any angry conversations or fruetration
or inside angriness other than this time after 7.00 on
the 25th; is that correct?
I have had other frustrations, yes.
No. With Mr. Auciello,
No.
No. All right. What were the dates that you say you
said to Mr. Auciello when you were angry?
I don't know exactly. I told him I would let him know,
I was not satisfied with what he had to tell me.
What else did you tell him?
I told him that, you know, I had been tired of being
turned on for apartments for similar reasons.
But you had beer turned down in the past on other apart
ments?
Yes, I have.
And when you first talked to Mr. Auciello, I think the
conversation was something about he had rented it to
someone else or he wasn't — strike that.
You said you had called *5 minutes before you came?
Yes.
Was Mr. Auciello home when you called them?
My wife called. She talked — I don't know who she
talked to. I think she talked to his wife or daughter.
It was a woman.
Didn't Mr. Auciello tell you when you talked to him that
he wasn't home?
I don't know.
In any event you only looked at the apartment with the
tenant?
Yes.
And it was while you were there that Mr. Auciello came
home in his truck?
We were there on the street.
he came home when you were there, from work?
I don't know.
He came from some place while you were there?
Yes.
So when he told you he thought his daughter had already
rented it, you then became angry because you had been
turned down from other people?
Yes,
This little anger, then, that you felt was somewhat due
you down and thi. w«. a building anger, i, that corract?
A It — I had called to make sure — m y wife had Call.d
to make sure,
<3 The question is, „h.„ Mr. Auci.llo told you he would have
to see, he thought th. apartment was rented to someone
«!«. you immediately became angry because there was no
question in your mind you thought he was discriminating?
A Ye6, I did.
Q By Simply telling you, -I think it is rented to someone
else"?
A No, he said his daughter had rented the apartment.
0 Did you know whether or not it had been rented?
A No, I didn't,
^ fact he said it was ,1... .as rented, that made you mad because
you thought he was discriminating?
A Yes, sir,
0 And that anger you felt, that frustration you felt, a.
I understand your testimony, that came from th. fact
that somebody else had turned you down?
A Other cases, yes.
Q So this anger you fait was not entirely due to Mr.
Auciello saying the apartment was rented?
A Not entirely.
D i d n ' t vou sa v t o y o u r lawyer, in d i r e c t examination,
to th. fact that aonaona alsa in tha pa.t had turned
1-19
that what you said was — what you said to Mr. Auciello,
and if I am quoting you wrong, correct me, you told him
you were displeased?
A Yes,
Q Did you say that?
A I don't know exactly what you said.
Q Your lawyer asked you what the conversation was, and
he said, "What did you say when you were angry?"
Didn't you say to him a few minutes ago, "I told
Mr. Auciello that I was displeased"?
A Displeased or unsatisfied, I don't know the exact words
I said.
Is that the conversation when your lawyer just asked you
what the conversation was, is that what you told him?
A I imagine it was.
Isn't it a fact that you never said anything to Mr.
Auciello?
A No, it isn't,
i
Q Did you say to hi*. "Mr. Auciello, you ar. discriminating
against me"?
A No, I didn't.
Q You didn't say that?
A No.
Did you say, "Why aren't you giving me this apartment?
I'm mad because you're not giving it to me"?
Tell me what word# you used to Mr. Auciello to show
that you thought he was discriminating and you were angry.
What words did you say?
I don't remember the exact words. I told Mr. Auciello _
Mr. NISSENBAUM, Objection, your Honor. He has
asked this witness several times what were the exact
words and the witness has answered he doesn't remember
the exact words.
The COURT, You don't remember?
The WITNESS, Yes, sir.
The COURT, Do you remember what you said in substance?
The WITNESS, In substance, yes. I told him I was
displeased with what he had said, or unsatisfied with
what he had said. I did not completely accept his story.
And you told him that?
Yes, I did.
You said, "I don't accept your story"?
I don't know if those are the words, but in substance.
Mr, MARCIELLO. This is very important, your Honor.
I think --
The COURT. In substance he is trying to tell you.
What did you say? Say it again.
The WITNESS. I told him I was displeased with what
he had to say. I didn't quite believe what he had to say.
X«~ 4. X
I don’t know exactly what I aaid but this is what I
tried to let him know.
The COURT, That is as far as you can relate it?
The WITNESS, Yes, sir,
Q Did you use the word "displeased"?
A I don't remember,
Q Without pinning you down to the exact words —
Hr. NISSENBAUM. Your Honor please, we could go
through the dictionary in this manner.
The COURT, No, Go ahead.
Without using the exact words, could you give me, not
necessarily in sentence form, but one or two of the
words of anger that you used, whether —
The COURT, He said he was displeased,
Q Did you use the word "disbelieve"?
a -on t i e;:ie'..oez .
0 Did vou use the words, "I'm angry," not necessarily in
context?
A
0
A
0
I don’t remember the exact words. It was eight months ago.
Did Mr. Auciello appear to you to understand that you
were angry?
Yes, he did.
He did? Is that when he said, "I like colored people"?
- •* » -c:. t y. r.cu. It was right a f ter or - - a f t e r t h a t ,
ye 3 .
Th® COURT. Whit did Mr. Auciello say?
The WITNESS. He told m® that h® was vary sorry.
Th® COURT. You told him you didn't quit® b«li«ve
him. What did he say?
The WITNESS. He told me that h® would try to get
back the deposit, that he liked colored people and we
looked like such nice people, and he told me he was
90 per cent sure we would be able to do business.
The COURT. But he wasn't angry?
The WITNESS. Mr. Auciello? No.
Then I ask you again, did he evidence anything to you
that made you believe he understood your anger?
He told me he would try to do business, that he would
try to get back the deposit. He knew I was not pleased
with being turned down.
The COURT. That is his conclusion. That is his
state of mind, of Auciello, and he can't tell that.
How long did you have this conversation with Auciello
in which he was trying to tell you he would try to get
you the apartment?
I imagine it was about ten minutes, maybe.
Is that the time, is that the only time you talked to
hin personally?
Yes, it is.
Did you talk to him on the phone?
Yes, 10.00 o'clock that night.
That was 10,00 o'clock that night?
Yes, sir.
How long did you talk to him on the phone?
I imagine about five minutes,
what frustration and element of damages occurred at
10,00 o'clock when you talked to him on the phone?
Well, I had believed Mr. Auciello. I wanted to believe
him, that he would try to rent me the apartment.
That was after you left him at 7.00 o'clock?
Yes, it was.
You then left the apartment, believing Mr. Auciello?
Just —
Sort of believing him?
Yes, sort of.
Is it fair to say from 7.30 to 10.00 o'clock you didn't
experience the frustration and anger at that time because
you called him beck at 10.00* is it fair to say that?
I called him —
Is it fair to say that?
No. I had called him twice. He told me I would have it,
and he wasn't in.
I am talking up to the time you left him when you say
you felt somewhat consoled,
I tried to call him twice before that.
x. — c t
Q You weren't experiencing frustration or anger all this
time?
A When I tried to call him ant. he wasn't in.
A t 8 . 3 0 you hadn't experienced any frustration or anger?
A No.
Q When he wasn't in, that wasn't any great frustration and
anger, was it?
A I sort of figured this guy was —
Q Please, Was that great anxiety and frustration at that
t ime ?
A What do you mean by great?
Was it then that you got an inkling he wasn't going to
talk to you?
A Yes.
Q but you t h o u g h t -- maybe he just wasn't i n , you would call
him back at 9 , 0 0 ?
A I called him until I got him, that is what I was going
to do,
Q Finally you got him at 10.00 o'clock?
A Y e s .
0 What was the frustration and anger at 10.00?
A He told me that, you know, he couldn't get back the
d e p o s i t , the p a r t y would not take the deposit, that his
s i n t e r had s i g n e d the contract and t h e r e was nothing he
At t h i s noint I was mere o r l e s s convinced --
' ) '> '
c oul d do.
A— * w
Q Did he tell you his sister had signed the contract?
A His daughter. At this point I was more or less con
vinced he was just not going to rent me the apartment.
Q You had knowledge or you have knowledge that his daughter,
who is sitting in the courtroom, Philomena Rossi, you
have knowledge through people you had called that the
daughter has continuously said on the phone she doesn’t
have the power to rent that? You learned that during
the preparation of this case? You learned that while
the negotiations were going on, that the daughter didn't
have the power to rent; you knew that, didn’t you?
A I learned it afterwards.
Q So that when he told you his daughter had rented the
apartment, this made you angry and frustrated?
A No. At the time he told me his daughter had rented it,
I didn't know she couldn't.
Q Oh, you didn't know that?
A At the time he told me, no.
0 So that you did not immediately experience great anger
and frustration; isn't that correct?
A Yes, I did.
Q You did?
A Yes.
0 As soon as he told you, "My daughter signed a contract
and I can't rent it"? Just what did you experience at
that time?
A I realized he was — I realized in my mind he didn't
want to rent the apartment to me and I was very angry*
0 And that is only because he told you his daughter had
rented the apartment to someone else?
A Only because I thought he was discriminating against us.
Q He didn't say anything to you on the phone regarding your
color?
A No.
0 He didn't say, "I'm not having any Negroes here"?
A No.
Q As a matter of fact, any time you talked to Mr. Auciello,
has he ever talked to you in a harsh voice?
A No.
Q Has he ever talked to you by way of looking down at you?
A No.
0 In fact, hasn't he been a gentleman at all times?
A Yes, he has.
Q Always talked in a quiet voice?
A Yes.
0 Always calm and peaceful?
A Yes.
Q Always in a consoling type of voice?
A Yes.
0 But in any event, after the negotiations were in process
1-27
and before any suit was started — or, strike that.
You were aware of the suit being started after you
consulted with your attorney?
A Yes.
Q Is it fair to say before any suit was started, you were
aware of the fact that Mr. Auciello would let you have
the apartment for $100 or $110? You were aware of that?
A My attorney told me, I believe. I don’t quite remember.
That you could have it for $100 or $110 for the five
rooms ?
A He might have.
Q And that was before a suit was started?
A I believe it was. I imagine.
Mr. MARCIELLO. I have nothing further, your Honor.
The COURT. Before that time, had you got some other
apartment?
The WITNESS. I had gotten an apartment September 2nd.
The COURT. Anything else?
Mr. NISSENBAUM. Yes, I have a few redirect questions,
your Honor.
Redirect Examination^j>Y_Mr«__NJjB*>*»2^MZl
Q With reference to the five rooms in that apartment, did
you ever see the rooms upstairs?
A No.
a -* e
Q What rooms did you see?
A I saw a kitchen and two other rooms.
Q What floor were they on?
A On the second floor.
Q And with reference to the two rooms upstairs, where were
they?
A Third floor.
Q Did you ever see those?
A No.
Q Why not?
A The tenant told me she didn't know if Mr. Auciello was
poinp. to rent them.
With reference to that evening at 7.30, when you met Mr.
Auciello, were you agitated when you left him?
A Yes, I was.
Mr. MARCIELLO. Objection. That is directly leading
Mr. NISSENBAUM. I withdraw the question, your Honor
Q What did you feel toward Mr. Auciello?
A I somewhat believed him, I wanted to believe him and I
felt I would wait and see, just give him a chance.
Q What were your feelings toward him between 7.30 when
you left him and 8.30 when you made the first call to
him?
A I was just hoping we would be able to do sonething.
What were your feelings between 8.30 and 9.00?
o
A—A 9
A I thought then he was just trying to find somebody
else to put in the apartment.
Q And between 9,00 and 10.00, what were your feelings
towards him?
A The same. I just thought more and more he was just
trying to --
0 What were your feelings from 10.00 o'clock that night
to date toward him?
A I just don't -- I feel I was being discriminated against
and — I don't know. It seems ridiculous to me. I don't
understand it.
Q What seems ridiculous?
A It seems ridiculous that a — he would discriminate against
me, I hadn’t done anything. I tried to, you know, be nice,
Q Did you have a conversation with me about renting the
five rooms in that apartment?
A I imagine. I really don't know.
Mr, NISSENBAUM. I have no further questions.
Recross-Examination by Mr. Marciello
Q Just one or two quick questions. About those upstairs
two bedrooms, you say you never went up and saw those?
A No, sir.
Q Because of something that Mr. Trant, the tenant, said?
A Yes, sir.
Q Did you ever ask Mr. Auciello to see them?
A Mr. Auciello never showed me the apartment.
Q Did he?
A No.
Q One other question regarding an element of damages
mentioned in the opening. Did you pay legal fees for
this ca3e?
A No.
Q You have not?
A No.
Are you legally responsible for these legal fees? Did
vou make a contract with your lawyer for legal fees in
this case?
A I haven't signed nothing.
You havexi't. Did you know the amount of the legal fees
or anything?
A No.
ie never told you how much it was going to be?
A No, sir.
Mr. MARCIELLO. Thank you.
The COURT, Step down.
Mr. NISSENBAUM. I would like to call Mrs. Knight,
please.
. 9
A— 0» A
PRENDEE M. KNIGHT. Sworn
Direct Examination by Mr. Niasenbaum
Will you state your name and present address, please?
A Prendee M. Knight, 11 Lisbon Street, Malden.
Q And are you related to the prior witness?
A Ye s, I am.
Q What relationship are you?
A His wife.
0 When were you married?
A February 8, 1969.
Q And were you with ~ did you have occasion to * 0 to an
apartment on Glen Street, Somerville?
A Yes, I did.
Q Did you go there with your husband?
A Yes, I did.
Q And you were present with him?
A Yes.
Q And did you meet Mr. Auciello at the same time?
A Yes.
Q Would you tell us how you felt toward Mr. Auciallo when
you first met him?
A Well, I was — I didn’t feel too good.
Q When you first met him?
A When I first met him --
Q What was the conversation you had with him?
A iie was talking about when he was in Italyt there was a
lot of colored people and they helped him out, while
the white people spat at him, and he really liked colored
people. Me would give us, you know, a chance.
He said he had rented the apartment and his daughter
had rented the apartment and he would try and see if he
could get back the apartment because we seemed like such
nice people and he said to call him up at 8.30 and he would
give us an answer.
Q Did you telephone a call to a telephone number prior to
seeing the apartment?
A Yes.
Q Did someone answer the phone at the other end?
A Yes.
Q Subsequent to that phone call, did you hear a voice that
you recognized as being the voice that answered that phone
call?
A Yes.
Q Who was at the other end of that phone?
A Mr. Auciello.
9 So you dialed a phone number prior to poing to the apart
ment?
A Yes.
Q And you heard a voice?
V'
1-33
A Yes.
Q And that voice was —
A Mr. Auciello,
Mr. MARCIELLO. Your Honor, I am going to object
to the whole line of questioning. She just testified
she and her husband didn't see him until they went
down there.
The WITNESS. He identified himself.
Mr. MARCIELLO. May the whole line be stricken?
The COURT. Where did you get the number that you
telephoned?
The WITNESS. I brought it — my husband had given
it to me because Judy Wilson gave it to him.
The COURT, She would hardly know whether or not
she was talking to Mr. Auciello, but I’ll take it.
Mr. NISSENBAUM. Your Honor please, she heard a
voice which she subsequently recognized.
Q You had a conversation when you called?
A Yes.
0 Before going to sec the apartment?
A Yes.
0 How long before going tc the apartment did you call?
A I called at 6.15 and he got there about five minutes of
7.00.
Q At 6.15 did vou talk about the apartment?
A - ^
A Yes.
Q Was the apartment available at 6.15?
A Yes, it was.
When you first met, at what time did you first meet Mr.
Auciello?
A I would 3ay about quarter past 7.00.
Q What conversation did you have when you first met him?
A He came out --
The COURT. No.
Q Just the conversation.
A The conversation? He said the apartment has been rented,
his daughter rented it, and took the deposit, and he tried
to give the deposit back.
Q All right. After that conversation what feelings did
you have toward Mr. Auciello?
A Well, I didn’t have too good a feelings towards Mr.
Auciello, mainly because he was talking about, you know,
when he was in Italy, the colored people helped him out,
and what-have-you, and I just figured, here comes the
old story,
Mr. MARCIELLO. I didn’t hear the answer. What
did you say?
Mr. NISSENBAUM. She said, ”Well, here comes the
old story.”
Mr. MARCIELLO, Oh, I see.
T 3
personally have occasion to talk with him after that
sane evening?
A No.
Q Did you have occasion to see Mr. Auciello again?
A Yes, I did.
Q Will you tell us what day that was on?
A July ?6th.
Q The next day?
A Y e s.
0 /ill you tell us the circumstances under which you met
him and the conversation you had with him?
A Yes.
Q Will you speak up so Mr. Marciello can hear you?
A Yes. Well, Judith Wilson told my husband __
Mr. MARCIELLO, No, please.
Q Tust confine yourself tc my question. V.'hen you met him
and the conversation you had with him, just with him.
A Fight. Well, we went into the apartment and he really
didn't want to say too much, and he just said, "Come
with me, nv daughter is the boss and she’ll show us
the apartment."
So he got into the car and then we drove a little
and he said, "Hello, Mrs. Knight."
And I said, "Hello."
i f
Q Now, when you left Mr. Auciello that night, did you
1-36
We went into a house on Pearl Street end he
sat down and let his wife — his daughter do the talking.
Q Where did you meet him on Saturday? What day waa that?
A It was on a Saturday.
Q The 26th of July. What time did you meet him?
A I'll say it was about 7.00 or so.
Q Where did you meet him?
A At 28 Glen Street,
Q Did you meet him inside the apartment?
A Yes.
Q Eid you see the apartment at that time?
A Yes, I did.
Q With reference to the three rooms and five rooms, what
part of the apartment did you see?
A I saw three rooms downstairs.
Q Three rooms on the second floor?
A Yes,
Q Did Mr. Auciello show you the two rooms upstairs?
A No. Mr. Auciello told me that —
The COURT, No. Answer the question, please.
A No.
Q Did he talk to you at all about the two rooms upstairs?
A Yes, he did.
0 What did he sav about them?
A He s a i d they were p,oing Jo be storage ro o m s .
I would say about five minutes.
From there you said you went to Pearl Street?
Yes.
And then at Pearl Street you met some people?
Yes, sir, I did.
Who did you meet?
Mr. Auciello's daughter and Mrs. Auciello.
Do you know his daughter's name?
No.
I s she here in the courtroom?
Yes, she is.
Will you point her out, please?
The lady in the orange dress.
Mr. MISBENBAUM. Will /ou stand un, please?
(A spectator rises.)
That i s t h e woman?
Yes.
Mr. NIS5ENBAUM. May the record show she is pointing
out the defendant Philomena Rossi?
Now, you had a conversation at Pearl Street?
Yes, I did.
Will you tell us what the conversation consisted of and
who said what? Be as precise as you c a n , please.
. e s , . v e i l , t h e daughter told Mrs. W i l s o n and I that
How long did you stay with Mr. Auciello at Glen Street?
A " w» ■
the person that previously rented the apartment wanted
the deposit back.
Mr, MARCIELLO, Your Honor, I am going to object
to this line of questioning. It is all hearsay.
Mr. NISSENBAUM. Mrs. Rossi is also a defendant,
your Honor.
The COURT. Go ahead. Let's get along. What did
he say? Is that what the question is?
Mr. NISSENBAUM. The question is at that time the
three defendants were there, your Honor, and there was a
conversation.
The COURT. Go ahead.
Q Mrs. Rossi said, and would you pick it up?
The COURT. Was this in the presence of the defend
ant Auciello?
Mr. NISSENBAUM, She is a defendant. It was in his
presence.
The COURT. Was he in hearing distance?
The WITNESS. Yes.
Q Where were you sitting?
A Around a table.
Q Who was around the table?
M rs. Auciello, Mr, Auciello and Mrs. Rossi, She was
standing up. *
< The t h r e e d e f e n d a n t s in this case?
- 5 -
She said something to you?
Yes. She was telling me about the person who had pre
viously rented the apartment wanted the deposit back
and that he was — they were willing to pay $120 because
they were going to use the two upstairs rooms as bedrooms.
So she said if Mrs. Knight wants the apartment, she
can have it for $120. Mrs. Wilson said --
N o .
I says, "I'll take it."
You said you would take the apartment for $120?
Yes.
Then what happened?
i. he COURT. Who owned t h e s e D r e m i s e s ?
Mr. MARCIELLO. Mr. and Mrs. Auciello, Mrs. Rossi
has nothing to do with the premises, can we stipulate
to that?
The COURi, Did Auciello own the premises?
Mr. MARCH;LLO, Auciello and his wife. Mrs. Rossi,
:f we can stipulate, Mrs. Rossi in no way owns the apart
ment .
Mr. NISSEN3AUM, I
anything tc do with Glen
Mr. MAPCIELI/\ You
don't know that she doesn't have
Gtreet. I don't know that.
know she doesn't
The COURT. What are you seeking damages from Mrs.
Rossi for?
Mr. NISSENBAUM, Because she also discriminated
against the plaintiffs.
The COURT. I don’t know --
Mr. NISSENBAUM. If you will listen to the conversa
tion, you will find out.
The COURT, What did you say?
Mr. NISSENBAUM. If we listen to the conversation,
we will find out. I am just trying to get the conversa
tion of Mrs. Rossi.
The COURT. Co ahead, if you think you have a case
against her.
0 What did she say when you said you would take the apart
ment for S1201
The COURT. 1 can't follow how she discriminated.
Mr, NISSENBAUM, Your Honor please, the act under
which we brought the case is not necessarily discrimina
tion only in housing. If it happens Mrs. Rossi, by her
actions, in some manner assisted Mr. and Mrs. Auciello
in their discrimination, my feeling is she would be a
0
party defendant properly named and jointly and severally
liable for the damages.
The COURT. Co ahead.
What did she sav after you said you would take it for
$12 0 ' ’
A-HI
A She didn't say anything. Mrs. Auciello —
■Mr. MARCIELLO. Your Honor, may the answer stand?
Q Mrs. Rossi at that time — who made the next statement,
Mrs. Auciello?
A No. Well, yes, she did.
ihe COURT, What did Mrs, Rossi say?
0 At this particular time.
A She said nothing.
Q up until the time you said you would take it for $120,
she had said that the other person —
A She said the other person who had the rental of the apart
ment wanted the deposit back and if I was willing to pay
$120 a month. I could have it if I wanted to pay $120
a month, and I said Yes.
Q Who made the next comment?
A Mrs. Auciello.
Q What comment did she make?
A 3he junped cut of the chair and said she would take it
herself.
Q What happened next?
A Then - she and Hr. Auciello showed a few profane languages
and in Italian and in English and Mrs. Rossi then ex
plained, you know, what they were talking about and
sa/ing that the husband didn't get along with his son-
in-law and they wanted to move the night before that.
' n
----- r 4
And Mr. Auciello said he didn’t want to move, and
they were arguing back and forth, so then, you know, I
said, "Why waste my tine? Why didn't you tell me before?"
They didn't say anything, just take us back to Glen
Street.
How long did that conversation between you last from the
time you said you would take it up until you left?
A I would say about ten or fifteen minutes.
After you left the apartment, what were vour feelings
toward Mr. Auciello, after you left Pearl Street?
A Well, —
Mr. MARCIELLO. Your Honor, I think I will object
as to what was going on after she was outside the purview
of the defendants.
The CGURT. Let me have the question,
* i-; . I will withdraw the objection, then,
lhe COURT. What were vour feelings and sensations
at that point?
The WITNESS. I thought Mr. Auciello was a creep.
The COURT, You thought somebody was asleep?
The WITNESS. A creep.
0 Because he was --
The COURT. Those are all conclusions. What you
want is a state of mind,
Mr. NISSENBAUM. Your feelinps.
°t /
The COURT, Your state of mind.
The WITNESS, My feelings exactly? I thought —
The COUPT, Were you mad with anybody?
The WITNESS, Yes, Iwan mad.
The COURT. Say so.
The WITNESS. I was mad.
The COURT, Just like a woman.
The WITNESS, Yes. I was angry.
Mr. NISSENBAUM, I have no further questions.
The COUPT. We will take a recess here for about
ten minutes.
(Brief recess.)
Mr. NISSENBAUM. You may inquire,
Cross-Examination by Mr, Marciello
Q Mrs. Knight, that meeting that you had wherein Mr. and
Mrs. Auciello and Mrs, Rossi were present, is that the
only meeting you had with Mr. and Mrs. Auciello, all the
parties?
A Other than the day before with Mr. Auciello?
Q Were you there the day before with your husband?
A Yes, I was.
Q Your testimony related to the day around the tablet isn't
that correct?
A Right.
Q Other than that day around tha table, did you have any
other conversation with Mr. and Mrs. Auciello and Mrs,
Rossi?
A No.
Q Did you see then any more after that?
A No.
Q You say you saw them for ten or fifteen minutes?
A Yes.
0 And the day before, your husband was doing the talking;
you weren't?
A Right,
Q Now, your feelings when you were having the conversation
with Mr. Auciello were to the effect that Mr. Auciello
was a creep? Is that correct?
A Is this on the 26th?
Q Yes.
A Yes.
Q And do I understand your words Mr. Auciello was a creep,
do I understand those words to mean, or is it fair to
state that your feelings when you had that feeling was,
oh, the heck with him; he is just a creep?
A No.
Q Or an old fogie, to heck with him?
A No. I don't mean that.
What do you mean?
I meant that he was, you know, giving me a story, I mean,
like, as you know that old expression, passing the buck.
Tnat is what I thought he was doing.
This is what you thought he was doing?
This is what I felt he was doing.
And that feeling reallv started when he was telling you
about he liked colored people in Italy. You thought,
here comes the same old baloney or same old story} isn’t
that right?
Yes.
That is what you told us a few minutes ap,o?
Yes.
And that is before the conversation really got underway,
-re e •t=r‘ atartel tall-ing about the apartment?
Well, things build up.
When vou first got there, before you even talked about
the apartment, the conversation had to do with --
Sorry, but --
■lease let me ask the question. Before you even started
talking about the apartnent, Mr. Auciello was talking
about the way that the colored had treated him better
in Italy than the white?
dc with the other day.M-, that had t~> We are talking
Q When you walked in the 26th, isn't that when you said
he gave you the same old story?
A That was after, after we had the conversation,
Q So it was the day before that you thought he was giving
you the same old story?
A Yes,
Q All right. In other words, when you went to the Auciello
place — listen closely, this is important — when you
went to the Auciello place on the 26th, you already had
in your mind that he was giving you a line of baloney
because you had that feeling the day before} isn't that
correct?
A No, it is not correct.
Q Then what was your feeling when you first went into Mr,
Auciello's home on the 26th?
A My feeling was that I thought that Mr. Auciello was, you
know, going to change his mind about the apartment. If
not, he wouldn't have dragged us all the way over to
Pearl Street to talk to the real boss, as he says, if,
you know, he wouldn't have dragged us over there,
0 As I understand it, when you saw him on the 26th, you
didn't have any frustration or anxiety?
A I sure did, because on the 25th I had, you know, as my
husband said, about calling up, and stuff like that, I
got to a point like any time I didn't get an apartment.
/
anything like that, I was really frustrated and taking
it out on him, so of course I was angry.
Q Then you, too, were mad about the fact that you couldn't
get apartments in the past?
A Of course I was.
Q You even approached the Auciello home, both on the 25th
and 26th, with this feeling?
A No, I did not.
Q By the way, the Auciello apartment we are talking about,
this wasn't any deluxe apartment house, was it? There
wasn't anything special about this apartment that you
needed, was there?
A No.
Q It was just an —
A An apartment.
Q Three rooms and a couple of upstairs rooms in East
Somerville?
A It was an apartment where my husband and I could be.
We were married for such a long time.
Q How long were you married at that time?
A We have been married since February and this was July.
Q About five months?
A Right.
0 What apartment were you and he living in up until that
time?
A He was living in his house and I was living in min*.
You were married five months and weren't even living
together?
A That's right.
Now, you went over to the Auciello home and he told you
he wanted to be careful to get nice people, didn't he
tell you that?
A Yes, he did.
0 When did you tell Hr. Auciello that you were married
and weren't even living together?
A I didn't think —
Q When did you tell him that*1
A I did not tell him. I didn't think it was any of his
business.
While you were living in your mother's house, did you
even tell your mother you were married?
A No, I didn't.
This apartment that you wanted on Glen Street, is this
something you found that you wanted to move into, or
rather is this something that the social worker at the
Fair Housing wanted you into?
A It was something I wanted.
0 Did you find this apartment you wanted to move into,
this apartment0
A Yes, I did.
* 7
* • * * 9
Q Was there anything special about this apartment that
met your particular needs other than the fact that it
was just an apartment in Somerville?
A Mo.
Q Is it fair to say this was not a fancy apartment, it
was just a regular three-tenement house?
A Right,
Q Is it fair to state Mr. Auciello at all times he was
talking to you was a gentleman?
A Of course.
Q And you mentioned he used some profanity at one point.
Was that directed at you?
A Mo, to his wife.
Q That was some argument he and his wife were having?
A Yes.
Do I u n d e r s t a n d y o u r testimony t h a t that argument that
he was having with his wife was regarding the apartment?
A Yes, it was.
The wife thought that she wanted to move in the apartment
and Mr. Auciello got mad to the point he even used
profanity to his wife because he said he didn’t want
to live in the apartment, he would rather rent it?
A No, he didn’t say he would rather rent it. He said
d i d n ' t w a n t t o nove.
Q Was it at this time that they got around to talking about
the five rooms as opposed to the three rooms in this
conversation, that the conversation got around to the
fact that there were five rooms rather than three to
rent ?
A Yes.
Q Originally what was the amount of rent you understood
the rent to be?
A He didn’t tell me how much. He said it would be reasonable.
Q I am talking about when you saw the ad.
A There was no amount of money on the ad.
Q Did you look at the ad?
A Yes, I did.
Mr. MARCIELLO. Your Honor, may I at this time
ask that the Court look at the Plaintiff’s Exhibit A
in the plaintiff's complaint? I direct your Honor's
attention to the newspaper ad.
The COURT. I have it.
Mr. MARCIELLO. The ad, I direct your Honor's atten
tion to take judicial notice of the fact that it was
the plaintiff who filed the complaint who inserted
that newspaper ad and I think your Honor will read it
and it will say that the rent was $90 for three rooms.
0 Does that refresh your memory a little bit?
A No,
Q In any event, the conversation which they did get around
to was the fact that there were five rooms for about
$110, $120 a month?
It was $120.
You thought or you made a statement you thought you
would take the five rooms for the higher amount of
rent; isn't that correct?
Yes.
That was at that meeting?
At the meeting at the house? Yes.
But some time later when you discussed it with your
husband and/or your lawyer, it was either your husband
or your lawyer who told you, "Don't take it for the 120;
I'll get it for you for 90"; isn't that a fact?
I don't remember.
Wasn't there some conversation relating to whether or
not you shoulo take it for 120?
There was a conversation about the apartment being 120.
I am talking outside the purview of Mr. and Mrs. Auciello.
Did you have some conversation regarding whether or not
you should take the apartment at the higher rent?
I ' m thinking.
All right, I'll let you think.
v.es, I thinx so.
* a s it y o u r husband or was it your lawver?
The lawyer.
Your lawyer said, "Don't take it at 120"?
He didn't say don't take it.
What did he say?
He said that I could have the apartment for $120 and
at six months if I adhered to Mr. Auciello's rules —
Didn't he say there was some negotiation now of a lease?
Right.
But it was the lawyer who told you, "Don't sign any lease.
I'll get it for you for the 90"?
No, he didn't tell me that.
Who made the decision not to rent the apartment for any
thing more than 90?
I did.
Didn't you just tell us you were willing to pay $120
at one time?
Yes, but I didn't know at that time there was a stipula
tion only tq me that I couldn't park in the back yard,
I couldn't do this, I couldn't do that.
Now you are telling us there were in fact negotiations
taking place between myself and your lawyer, so far as
you know, and Mr. Auciello pertaining to negotiations
of the terms of the renting; you knew that?
Yes, I did.
All right, and it finally got to a point where you were
not going to pay more than the 90; isn't that right?
Q Did your lawyer tell you that I told him that you could
have the five rooms for 11CP
A I don't remember anything like that.
Wasn't there sene conversation with you and your lawyer
pertaining to that?
A I don't know.
By the way, you did hear some conversation between Mrs.
Rossi and Mrs. Auciello that Mrs. Rossi's husband did
not get along with the father-in-law and mother-in-law,
the Auciellos?
A Yes, I did.
And that was why Mrs. Auciello was saying she will take
the apartment herself, because she was living with the
son-in-law, wasn't she?
A Yes.
Bid you think she was lying ^bcut that? Did that make
you mad?
A /es, it did because if she did have that opportunity
that she was going to take the apartment, why didn't
she say it before I said I would take the apartment?
0 So you are now telling us some of the frustration and
madness you experienced was due to the fact that you
thought Mrs. Auciello was lying about getting along
with her son-in-lawr'
A No, it didn't Ret to a point.
I/
Q Did you think she was lying when she said she didn't
get along with her son-in-law?
A That could be.
Q Did you think she was lying?
A Yes, I did.
Q And that made you even angrier?
A Yes, it did.
Q Now, by the way, did you have any conversation with
your lawyer pertaining to the amount of attorney's fees
that would have to be paid?
A Mo,
9 As a matter of fact, you didn’t even discuss the element
of legal fees?
A Mo.
0 Do you know who it is that is supposed to pay the legal
fees in this case?
A Ho.
Q Was it you that called Mr. Nissenbaum and contracted with
him to take this case?
A No, it was not,
Q Was it your husband?
A I don't know,
Q To your knowledge, was it your husband?
A To my knowledge, no.
A No, I didn't say that* I said about taking the apartment*
/
Mr. MARCIELLO. I think I have nothing further,
y o u r H o n o r .
£s<Hj^ect^IxaJiinat^ion<>̂ r^Mrj^^n^sj>ienjbauin
You t e s t i f i e d you were m a r r i e d in F e b r u a r y ?
A Y e s .
When d i d you t e l l y o u r p a r e n t s t h a t vou were married?
A In May,
0 When d i d you s t a r t l o o k i n g f o r an a p a r t m e n t ?
A In May.
Q When d id you f i n a l l y g e t an a p a r t m e n t ?
A S e p t e m b e r .
Mr, ilIS_>ENBAUM. .han< y o u . I have no other ques
t i o n s .
The COURT. S t e p down, p l e a s e .
I t h i n k we w i l l pause h e r e ; i t i s f i v e minutes o f
‘+ . 0 0 . Tomorrow morning a t 1 0 . 3 0 .
( A d j o u r n m e n t . )
Witness
I N D E X
Owen S .
Prendee
Knight
M. Knipht
Direct Crosis ^edirec^ Recroes
1-3 1-1.1 1-77 i_7q
1-31 1-43 i-5 b
O <
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
C.A. 69-838-F FORD, D. J.
OWEN S. KNIGHT, at al
v.
ROCCO AUCIELLO, et al
A p p e a r a n c e s :
Gerald L. Nissenbaum, Esq., 34 Broadway,
Massachusetts 32145, for the Plaintiffs. Somerville,
Frank A. Marciello, Jr., Esq., 100 Broadway.
Massachusetts 02145, for the Defendants. Somerville,
SECOND DAY
Court Room No. Three
Federal Building, Boston
March 18, 1970
Mr. NIS5ENBAUM. I call Philomena Rossi to the
s t a n d .
PHILOMENA ROSSI. Sworn
Direct Examination by Mr. Nissenbaum
Would you t e l l us y o u r name and a d d r e s s , please?
P h i lomena R o s s i , 205 P e a r l S t r e e t in Somerville.
And a re you r e l a t e d t o the d e f e n d a n t s Pocco and Anna
A u c i e l l o ?
Y e s , I am.
How a re you r e l a t e d ?
They a r e ny p a r e n t s .
A.nd would you t e l l the Court y o u r t e l e p h o n e number as
i t was l i s t e d in t h e B o s t o n directory on .July 2Uth, 1969?
Yes. 666-101+2.
1 0 4 2 ? I show you t h i s a d v e r t i s e m e n t , newspaper advertise
ment - -
Mr. MARCIELLO, Your H o n o r , t h e defendant will
s t i p u l a t e t h a t one of t h e numbers of the two in the
n e w s p a p e r ad i s t h e phone number of Philomena Rossi.
Mr, NISSENBAUM, Thank vou .
The COURT. S o m e th in ? was o b l i t e r a t e d when he saw
i t b e f o r e .
Mr. NISSENBAUM. T h i s i s t h e o r i g i n a l , your Honor.
We w i l l p r e s e n t i t i n e v i d e n c e s h o r t l y .
The COURT. What is that telephone number?
Mr. NI5SENBAUM. I t i s t h e s e c o n d one a s i t a p p e a r s .
The COURT. 6 6 6 - 1 0 U 2 ?
Mr. MISSENBAUM. Y e s .
The COUPT. Thank y o u .
0 I shew you t h i s n e w sp a p er a d v e r t i s e m e n t , one c i r c l e d in
r e d . Do you r e c o g n i z e i t ?
A Y e s .
Q And do you know who p l a c e d t h a t a d v e r t i s e m e n t ?
A Y e s , m.y f a t h e r d i d .
Q Why was y o u r t e l e p h o n e number l i s t e d ?
A The o n l y r e a s o n , b e c a u s e ray m o ther c o u l d n ' t sp ea k E n g l i s h .
T had t o a nsw er t h e p ho n e .
Q Do you r e c o g n i z e t h e o t h e r t e l e p h o n e number there?
A Y e s , I t i s my f a t h e r ' s t e l e p h o n e number.
Q T ha t i s 6 2 5 ?
A '>?'■•?.
Q That i s y o u r f a t h e r ' s t e l e p h o n e number?
A Y e s .
Q Did you e v e r a nsw e r t h e t e l e p h o n e " ’
A Sometime i f I happened t o be d o w n s t a i r s , I answ ered t h a t
p h o n e .
0 d e f e r r i n g t o T h u r s d a y , J u l y 2**th, 1 0 53 , d i d you have
: . a . * * e a p a r t m e n t ? 5 ? i e n S t r e e t , s ec o n d
i ^ o o x l e f t ?
I 0 ^ "
z-«*
A The o n l y —
0 W i l l you j u s t a nsw er t h e q u e s t i o n ?
A No.
Q You d i d n ' t r e n t t h e a p a r t m e n t ?
A No.
Q On F r i d a y , J u l y 2 5 t h , d i d you have o c c a s i o n t o r e n t t h e
a p a r t m e n t ?
A No.
Q On S a t u r d a y , J u l y 2 6 t h , d i d you r e c e i v e any phone c a l l s
w i t h r e f e r e n c e t o t h i s a p a r t m e n t ?
A Y e s .
0 And d i d you r e c e i v e any phone c a l l s on S a t u r d a y m o r n i n g ,
on J u l y 2 5 t h ?
A I g u e s s s o . I d o n ’ t remember t h e e x a c t t i m e . I u se d
t o g e t a l o t o f t e l e p h o n e c a l l s .
0 What d i d you t e l l t h e p e o p l e who c a l l e d ?
A I j u s t t e l l t h e p e o p l e t o come around 7 . 3 0 .
The COURT. You t o l d them w hat?
The WITNESS. To come 7 . 3 0 t o meet my f a t h e r , 28 G len
S t r e e t .
0 To y o u r know ledge was t h e a p a rtm e n t r e n t e d on S a t u r d a y
m o r n i n g , J u l y 2 5 t h , o r - - l e t me r e p h r a s e t h a t . Was
t h e a p a r t m e n t s t i l l a v a i l a b l e on S a t u r d a y m o r n i n g ,
J u l y 2 5 t h , t o y o u r k n o w le d g e ?
I • 1 / r - x. t_ u us. • »
I 1
O b j e c t i o n .
The WITNESS. T h a t ’ s r i g h t , b e c a u s e I have no
r i g h t t o r e n t t h e a p a r t m e n t . I t w a s n ' t m i n e .
0 To y o u r own k n o w l e d g e .
The COUPT. I t was a v a i l a b l e on t h a t d a y .
1r , MSSENBAUM, I have no o t h e r q u e s t i o n s ,
ihe COURT. And l a t e r i t was l e t t o som ebody ,
Mr. NIS d ENBAUM. At a s u b s e q u e n t d a t e . A f t e r t h e
r e s t r a i n i n g o r d e r was removed .
I have no q u e s t i o n s .
C r o s s - E x a m i n a t i o n by Mr, M a r c i e l l o
Do I u n d e r s t a n d t h a t you have no i n t e r e s t i n the hou se
by way o f o w n e r s h i p ?
0 Who owns t h e house a t 2 8 - 3 0 Glen S t r e e t ?
A My p a r e n t s .
Q Y o u r m o th e r and f a t h e r ?
A T h a t ' s r i g h t .
Q T h i s number t h a t was in t h e n e w s p a p e r , I u n d e r s t a n d one
was y o u r s and one was yo ur f a t h e r ' s ' 1
A Y e 3 .
v And t h a t i s in the same h o u s e ?
Z1 T h a t ' s r i r h t .
'"'he COURT. She s a y s h e r m o ther c o u l d n ' t t a l k
The COURT. She said meet my father later on.
- h o
English and that was the reason for her telephone
b e i n g in t h e n e w s p a p e r .
0 When p e o p l e c a l l e d y o u r number, d i d you e v e r make any
a r r a n g e m e n t s f o r r e n t i n g , not o n l y t h i s c a s e but i n
any c a s e ?
A No.
Q As I u n d e r s t a n d , t h e n , from y o u r t e s t i m o n y , you m e r e l y
made a p p o i n t m e n t s f o r y o u r f a t h e r , t o r e f e r them to y o u r
f a t h e r ?
A T h a t ' s r i g h t .
Q In f a c t , t h e r e were a c o u p l e o f women in c o u r t today,
and d i d n ' t some o f t h e s e p e o p l e c a l l y o u , even, regarding
r e n t i n g t h e a p a r t m e n t ?
A I d o n ' t u n d e r s t a n d .
Q D i d n ' t one o f t h e s e two women call you regarding renting
t h e a p a r t m e n t ?
A Y e s .
Q In f a c t came down cn one o c c a s i o n ?
A Y e s .
Q Did you e v e r r e n t t h e a p a rtm e n t t o them'*
A No.
Did you e v e r make n e g o t i a t i o n s f o r r e n t i n g i t with them?
A Nc.
Q In f a c t you r e f e r r e d them t o v c u r f a t h e r ?
A T h a t ' s r i g h t .
/ I /
0 As a m a t t e r o f f a c t , r e g a r d i n g t h e r e n t , t h e amount o f
r e n t t o be p a i d , d i d you e v e r q u o t e them a d e f i n i t e
p r i c e f o r t h a t a p a r t m e n t ?
A N o , n o t r e a l l y b e c a u s e I d i d n ’ t know what my f a t h e r
w a n t e d ,
The COURT. S t e p down.
H r. MARCIELLO. I was g o i n g t o c a l l h e r a s my w i t n e s s ,
but I m ig h t as w e l l put my e v i d e n c e i n a t t h i s t i m e .
The COURT. Go a h e a d .
Q On t h e 2 6 t h , I g u e s s i t w a s , were you home when y o u r
m o th e r and f a t h e r —
The COURT. 2 6 t h o f J u l y , now?
H r. MARCIELLO. Y e s , y o u r H o n o r .
S econd o c c a s i o n , I t h i n k , M rs . K n i g h t t e s t i f i e d
she came down on t h e s e c o n d o c c a s i o n when t h e r e was
t h e f i g h t betw een t h e m o ther and f a t h e r .
0 Were you t h e r e a t t h a t t i n e , when M rs . K n i g h t came down
w i t h one o f t h e s e women?
A Y e s .
Q Was t h e r e in f a c t some c o n v e r s a t i o n r e g a r d i n g — w i t h
M rs . K n i g h t r e g a r d i n g w h e t h e r o r n o t i t was g o i n g t o be
t h r e e rooms o r now t h e f i v e rooms f o r r e n t ?
A Y e s .
The COURT. C o n v e r s a t i o n betw een whom, Mr. C o u n s e l ,
p l e a s e ?
- / / l
L - O
Between y o u r father, yourself and Mrs. Knight?
A The t h r e e o f u s .
What was f i n a l l y a r r a n g e d ? What was t h e final c o n c l u s i o n ?
lh e CUuRT* That would be a c o n c l u s i o n . What was
s a i d .
0 What was s a i d ?
A i t o l d i f she w ants t h e f i v e r o c n s , she had t o pay $ 1 2 0 .
'vas t h a t on y o u r own o r were you t a l k i n g on behalf o f
y o u r f a t h e r ?
A My f a t h e r . I ’ n n o t t h e owner o f t h e h o u s e .
-h a t d i d she sa y ab out r e n t i n g f i v e r o o m s ’
A Sne s a y s she was g o i n g t o pay t h e $ 1 2 0 ,
The COURT. Who s a i d t h a t ?
The WITNESS. M rs . K n i g h t .
' i hat was on the 2Gth when e r e of t h e s e two women were
t h e r e ?
A Y e s .
0 'Which woman ?
A The one w i t h th e l i g h t - c o l o r e d s u i t .
And was t h e r e some c o n v e r s a t i o n at t h a t t im e betw een
y o u r m o th e r and f a t h e r ?
A Y e s .
Q What was t h a t a b o u t ?
A W e l l , a c t u a l l y ny m o th e r wants t o move h e r s e l f . She had
a f i g h t w i t h ir.y husband f o r a lo n g t i m e .
Your husband would be your mother's son-in-law?
That's right.
You heard Mrs. Knight telling us today there was some
conversation about the son-in-law not getting along with
your mother?
Yes.
When she got upset and mad because she thought that was
a lie; do you remember that testimony?
Yes.
Can you tell us how your mother and your husband have
been getting along for the past few years?
They fight all the time.
What seems to be the reason for the fight?
Mr. NISSENBAUM. Your Honor — —
The COURT. The mother-in-law and son-in-law?
The WITNESS. Yes.
Mr. NISSENBAUM, We will stipulate her husband
doesn't get along with her parents.
The COURT. He has a right to meet it.
Mr. NISSENBAUM, I am just trying to save some time.
We will stipulate they don't get along.
Mr. MARCIELLO. I will go along with my Brother
if the Court allows the record to stipulate tha son-in-
law and the mother-in-law for the past couple of years
have not been getting along.
The COURj. . I s n ' t t h a t t h e u s u a l s i t u a t i o n ?
( L a u g h t e r . )
Mr, MARCIELLO, I m ig h t s a y in my c a s e I t h i n k I
am l u s t e x t r e m e l y f o r t u n a t e .
The COURT. Of c o u r s e y o u r s i s an e x c e p t i o n .
f . r . MARCIELLO. I would s a y mine i s an e x c e p t i o n .
The COURT. I d o n ' t t h i n k we need t o go i n t o t h a t
t o o much. They d i d n ' t p et a l o n g .
f r , MAPCIELLO. I o n l y p,o i n t o i t b e c a u s e - -
ihe COUPT. I f you t h i n k i t i s p e r t i n e n t .
Mr. MAPCIELLO. Only b e c a u s e t h e t e s t i m o n y o f M rs .
K n i g h t was t h a t she was a n g e r e d b e c a u s e she t h o u g h t t h a t
was a l i e . I t h i n k t h a t was h e r t e s t i m o n y .
The COURT. I t i s n o t a l i e ; r i g h t ?
Mr. MARCIELLO. T h a t ' s i t .
The COURT. I t h i n k you have shown i t , i f t h i s w i t n e s s
is t o be b e l i e v e d , and I have no r e a s o n n o t t o b e l i e v e h e r .
In f a c t t n e r e were some words betw een y o u r m o ther and
f a t h e r ?
Y e s .
Mr. MARCILLLO. I t h i n k I have n o t h i n g f u r t h e r .
Mr, NISSENBAUM. J u s t t h r e e q u e s t i o n s f u r t h e r ,
y o u r H o no r .
i s -I
Redirect Examination by Mr. Nissenbaum
Mrs. Rossi, when somebody would call about the apartment
and ask you what it was like, what answer would you give
them?
Well, actually they never asked.
Did anybody ever ask you?
The COURT. I am assuming the person calling would
ask what it was like. I think a better way would be —
ihe WITNESS, If you tell me what it is like, I
don't know, because I have never been up there.
The COURT. It would be better, I think, to ask
what these people inquire of when they called her number.
You assume they said something and there is no evidence
of it.
Did you ever give them any information as to the number
of rooms available?
Mr. MARCIELLO, Your Honor, I don't know, when he
says them." Is he talking about other than the people
involved?
Mr. NI5SEMBAUM. Anyone.
Mr. MARCIELLO. On the Saturday morning, or when?
The COURT. He is trying to 3how this lady was an
agent of the defendant to let this apartment.
Mr. MARCIELLO. I have no objection.
sir?
Mr. NISSENBAUM. Yes.
The COURT. She is a named defendant and she can't
be hooked into this case unless she is an agent.
Initially she can't, and there are a lot of other
matters, too. You are going into that? Am I right?
Mr. NISSENBAUM, Yes, your Honor, precisely.
Q On Friday, July 25th and on Saturday, July 26th, 1969,
did anyone who called you —
The COURT. Haven't you gone all over that before?
Mr. NISSENBAUM. Yes, your Honor.
The COURT. Don't do that. Anything new, now, you
can ask.
Mr. NISSENBAUM. I want to ask with reference to
the number of rooms in the apartment.
Q Were you aware how many rooms were being rented?
A Not really. According to the newspaper there were three,
Q Of your own knowledge, do you know how much rent the
tenants were paying in that apartment on July 25th?
A Well —
Mr. MARCIELLO. Your Honor, there wasn't any on
July 25th.
Mr. NISSENBAUM. It was occupied July 25th. Mrs.
Knight testified she was shown the apartment by the
The COURT. Isn't that what you are trying to do,
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tenant, a Mrs. Trant.
Mr# MARCIELLO. That is another tenant in another
apartment, your Honor.
The COURT. Don't get excited.
Mr. MARCIELLO. Mr. Nissenbaum knows that.
Mr. NISSEHBAUM, I will give Mr. Marciello time to
*
consult his client to determine where the tenant actually
was, if he wants.
The COURT. Ask the question so we will get along
with the case. I will allow it. I don't know how
pertinent it is.
Mrs. Rossi, were you aware —
The COURT. A lot of the questions asked are objected
to. The Court is in this position: it doesn't exactly
know how pertinent the question is so the Court allows
it provisionally.
Mr. MARCIELLO, Thank you, your Honor.
The COURT. That is the reason sometimes we overrule
objections to questions, only on the ground that we think
it may be pertinent. Go ahead. If it is not, it will
be rejected completely. That is why we mark exhibits
;
for identification rather than exhibits, and that is to
be sure, and then later on if they are pertinent, we
mark them.
That is a lesson you learn in this court.
Q Mrs. Rossi, do you know of your own knowledge how much
the tenement that was being rented, as per this advertise
ment —
A Ho, I just hear ny father once
The COURT. Do you know?
The WITNESS. Ho.
Q Did you ever hear your father say how much they were
paying?
A Just a guess, $90. I have no idea.
The COURT. Mrs. Rossi, the simple question is
do you know?
The WITNESS. No.
The COURT. That answers the question properly.
Q Did you ever hear your father say how much they were
paying?
A I heard him once.
Q What did he say?
A Hot the people living there, the other people next to
that.
0 I don’t want to know about the next.
A They were paying $90. I figure maybe that is how much
he wants, but I figure myself I didn't know how much
he wants.
- / / ? -
Mr. MARCIELLO, This being my first experience,
your Honor, here I appreciate it.
The WITNESS. Five.
The COURT. $90. Go ahead.
Mr. NISSENBAUM. That's all, your Honor.
Recross-Examination by Mr. Marciello
Q This apartr-ent in which the other tenant had been paying
$90, how long had they been living there?
A Seven years.
Q And in the seven years has the tax rate in Somerville
changed considerably?
A Yes.
Mr. MARCIELLO. Thank you.
Mr. NISSENBAUM. Thank you.
The COURT. Step down, Madam, please.
Mr. NISSENBAUM. I call Judy Wilson to the stand,
please.
JUDITH WILSON. Sworn
Direct Examination by Mr. Nissanbaw
The COURT. Spell your last name, please.
The WITNESS. W-i-l-s-o-n.
The COURT. Thank you. And your first name?
The WITNESS. Judith.
The COURT. Go forward.
The COURT. How many rooms did they occupy?
jumping up and down, but I think in this ease I have a
valid objection.
In the complaint which was filed in this case,
if your Honor please, there is an affidavit sent out
by someone known as Judith Smith — Judy Wilson, sorry.
I see in no way the relevancy of any testisKony she
might relate that would have to do with damages.
The COURT. Let's review what we are trying here.
If I understand counsel, we are trying a question of
damages solely} right?
Mr, NISSENBAUM. If my Brother is willing to
stipulate there indeed was discrimination in the case,
then we can go to the issue of damages. There can be
no damages without discrimination.
The COURT, That would be the reason we would try
only the question of damages. There was a stipulation
there was discrimination,
Mr. NISSENBAUM, I asked my Brother yesterday after
the trial.
Mr. MARCIELLO. I didn't quite stipulate that, your
Honor.
The COURT. Why did you agree all I was going to
try was the question of damages?
Mr, MARCIELLO. For this reason, your Honor --
U I
Mr# MARCIELLO, Your Honor, X don't wint to keep
• *
The COURT. If you don’t stipulate it, than I
misunderstood.
Mr. MARCIELLO. Your Honor please, it wasn't that
there was discrimination. I was saying for the purposes
of this trial, assuming that there is, and I am bringing
out the evidence in cross-examination how much of it
there was because I think you have seen testimony already
that there was a misunderstanding.
The COURT. If you don't agree that there was dis
crimination, the question has got to be tried.
Mr. MARCIELLO, The witness may proceed, then.
The COURT. All right.
Q Will you tell us your address, please?
A 85 Clarendon Avenue, Somerville.
Q With reference to an apartment at 21 Glen Strmet,
Somerville, did you have occasion to look at this
apartment in the Somerville Journal?
A Yes, It is my newspaper.
Q That is your newspaper?
A Yes.
Q Did you in fact tear that page out of the newspaper?
A Yes, I did.
Q What issue of the Somerville Journal was that in?
A Thursday, July 2Uth.
Q Are those your markings on that page?
~ ! l < -
Mr. MARCIELLO. No objection.
Mr. NISSENBAUM. Your Honor, I would like to enter
this as evidence, as Exhibit A.
The COURT. Mark it if there is no objection.
Mr. MARCIELLO. No, As a matter of fact, I stipu
lated yesterday to Exhibit A in the complaint. No
objection,
(Page of newspaper marked Plaintiffs' Exhibit
No. 1.)
The COURT. I have read it before.
Q With reference to this advertisement, did you make a
telephone call?
A Yes, I did.
Q Which number did you dial?
A Do you mean —
Q Which of those numbers in the ad?
A I don't remember.
0 Did you receive an answer on the phone?
A Yes, I did.
Q When did you make this telephone call?
A Yes, they are.
/ 1 *
The COURT, She hasn't said she called either of
these numbers.
The WITNESS, I called one of them, yes.
The COURT. That is different.
The WITNESS. I called whichever one will answer.
If one doesn't answer.
The COURT, You called one or the other?
The WITNESS. It was a woman who answered. I asked
-- I said is the apartment still available.
Mr. MARCIELLO. Your Honor, I am going to object
to the conversation.
The COURT. No. I will allow it. The witness says
it was one of those telephone numbers and one is a man's
and the other is a woman's and a woman answered the
telephone call. Consequently it was the telephone
number of the woman.
Go ahead.
Did the person who you spoke to on the telephone identify
herself?
A Well, only later in the conversation I said, "Can I look
at the apartment?"
And she said, "My father shows the apartment and
he will not
The COURT. Your father —
The WITNESS. That's right. She said, "He will be
• t i l
after 7.CO at night.”
Did she identify the name of her father?
I said, ”What is his name so that I will know when I
meet him?”
She said, "Mr. Auciello.”
When did you make this phone call?
Saturday morning.
And will you tell us now the conversation you had? What
did you ask?
I asked first is the apartment available and was told Yes
I asked where it was and I was told.
I then also asked what kind of rent they were asking
and she said she was not sure.
And I said is it SO or 150, because that is a
l e g i t i m a t e q u e s t i o n , I felt.
The COURT. What did you say?
The WITNESS. I said, "Is the rent $50 or $150?"
The COURT. You say that is a legitimate question?
The WITNESS. I thought so.
She said, "I don't know for sure. I think about 80.
Did you ask how many rooms?
No, I did not because the ad already said threa and I
d i d n ’ t ask her t o repeat i t .
The COUFT. Are you a married lady?
at the apartment between 7.00 and 8.00 at night or
Later that evening or later Saturday, the 25th of July —
26th of July, rather, did you have occasion to go to
28 Glen Street?
Yes, I did.
Who were you with at that time?
I was with — I met Mr. and Mrs. Knight at the White Tower
and I drove with Mrs. Knight to the apartment.
Will you tell us what you did when you got to the apart
ment ?
We rang tha bell and — there was no one there to meet us.
The COURT. How did you know they were coming?
The WITNESS, Mr. Knight called me Friday night to
say he had looked at the apartment and had been told it
was rented and he felt he was being discriminated against.
The COURT, So he a6ked you to go?
How did he happen to call you?
The WITNESS. 3ecause I am a member of the Fair
Housing Committee in Somerville —
The COURT. And he asked you to go with him. Now I
have the whole story. Now I will get the whole background
and understand it.
Mr. NISSEN3AUM. I may add in this case, your Honor,
a little more background.
The COURT. Otherwise the Court might think there
The WITNESS. Yes, I an.
was collusion here. Follow m« now? There wasn't, and
this lady was on the Fair Housing Committee,
Q Did you bring this advertisement to the attention of
Hr, Knight?
A Yes, I did, I had several marked here and I called the
telephone numbers of these ads to his mother and she
relayed them to him, just to tell them what was available
in Somerville,
Q So now you just told the Judge about a phone call you
got. When did you receive that phone call?
A Friday night, I think about 10,00 o'clock. It was late
Friday night,
Q Saturday morning you made a phone call?
A The first thing I called to see if the apartment really
was rented, I was told No.
Q When you got to the apartment with Mrs. Knight, what
happened?
A There was no one there to meet us so we rang the bell
and the present tenant at that time answered and said,
"You may come in and look around the apartment," and
we did, and we saw a kitchen and bath ~
The COURT, Who asked you to look around the apart
ment ?
The WITNESS, The tenant. She was very nice,
Q What was her name?
' // / -
A I don't know at that time. Since than I learned it was
Mrs. Trant.
We looked around and she showed us the stairway
leading to two rooms upstairs but she said __ it was
her belief that Mr. Auciello planned to use them for
storage so they ware not going to be ranted. Thera was
no heat up there,
Q And then will you tall us what happened after that?
A As we had walked in ——
Mr. MARCIELLO. Your Honor please, I think that —
this is hearsay conversation.
The COURT. It is the first time you have stood up.
Mr. MARCIELLO. I am going to object at this point.
The COURT. Excluded, now that you have risen.
I never know your state of mind or anybody's state
of mind until you express it. Excluded, what the tenant
said. Stay awake down there.
Q Did Mr. Auciello come to the apartment?
A Yes, he did.
Q What time did he arrive?
A He arrived within ten minutes of when we did. The tenant
called Mr. Auciello and he arrived and we told him we
had seen the apartment --
Q Excuse me?
- / -*- i -
A I told him.
The COURT. Anything said in Mr* Auciello's presence
would be admissible.
Q Did he come up to the apartment?
A Yes.
Q He met you and Mrs. Knight in the apartment?
A Yes.
Q Will you tell us what was said and by whom?
A Not very much was said, simply we had seen the apartment
and liked it and was interested in renting it.
Mr. Auciello said, "Will you come with me to see
my wife and daughter? They are the real bosses. I just
live close by,"
V/e left the apartment, got in his car and drove
not more than eight blocks.
The COURT. Whose car?
The WITNESS. Mr, Auciello's car, and drove to a
home he said they shared with his daughter, he mentioned
on the way.
On the way over he said, "How are you this evening,
Mrs. Knight?" He recognized her from the previous
evening.
Q And then you went to Mr. Auciello's house?
A Yes,
Q On Pearl Street?
I / H -
A The house that he lived in.
The COURT. What was said by Mr. Auciello when
you and Mr. and Mrs. Knight saw him on that evening?
The WITNESS. I was only with Mrs. Knight.
The COURT. I wanted — did you meet Mr. Auciello
there?
The WITNESS. Yes.
The COURT. What was said in that conversation?
The WITNESS. His apartment?
The COURT. Yes.
The WITNESS. Very little.
The COURT. What was said, little or much?
The WITNESS. He only said, "What is going on
The COURT. Wait a minute.
(Brief pause.)
Everybody oust leave this building immediately.
You may go.
(Recess.)
I \ 0 -
AFTERNOON SESSION
JUDITH WILSON, Rasuracd
Direct Examination by Mr. Nissenbaum. Continued
M rs . W i l s o n , when we left I believe the Judge was asking
you about some conversation that occurred at the apart
m e n t , and would you tell us who was there and what con
versation you had?
A In the apartment we were looking at?
Q Y e s ,
A The t e n a n t was there, Mr. Auciello, Mrs. Knight and myself,
and a l m o s t as soon as Mr. Auciello arrived, he suggested
we go t o h i s apartment or h i s home to talk about the
r e n t a l .
So we g o t i n his car, Mrs. Knight and Mr. Auciello
and I , and d r o v e a b o u t e i g h t blocks over t o Pearl Street.
Did he i n d i c a t e why you had to go to Pearl Street?
A W e l l , he wanted t o take us t o talk to the real bosses,
h i s w i f e and daughter.
Q At Pearl Street, who was there?
A Mrs. Auciello was sitting eating her dinner at the
k i t c h e n t a b l e . The daughter was there, I learned she
was t h e d a u g h t e r then, and several children in and out,
and Mr. A u c i e l l o .
< And yourself?
A Y e s .
Q And M rs . K n i g h t ?
A And Mrs. K n i g h t .
Q What was t h e c o n v e r s a t i o n t h a t took place at Mr. Auciello's
a p a r t m e n t on P e a r l S t r e e t , and who s a i d what?
A We s a t down around the t a b l e and Mr. Auciello started to
e x p l a i n t h a t he now knew of someone who would rent the
a p a r t m e n t f o r $ 1 20 and t h e r e a s o n they would pay this
l a r g e amount was t h a t t h e y p la n n e d to make use of the
two rooms u p s t a i r s .
I s a i d , "W hat a b o u t t h e $80 I h e a rd on t h e telephone?"
And he s a i d , " I ' m s o r r y , there's nothing I can do.
I know someone who is willing to pay more because of
t h e s e e x t r a r o o m s , " and t h e n he added, "If Mrs. Knight
c o u l d pay $ 1 2 0 — " and s o r t o f left it hanging.
I m m e d i a t e l y Mrs. K n i g h t said, "I'll take it for $120."
The COURT. What d i d you hear Mr. Auciello say?
The WITNESS, He said n o t h i n g ,
Mrs. Auciello jumped up and said, "I'll take it
m y s e l f . I want it for myself. I don't like it here,
I d o n ' t l i k e my son-in-law. I want to get out from under
t h i s r o o f and we never got along very well."
Mr. A u c i e l l o sh r u g g e d and said, "W hat can I do?
S h e ' s my w i f e . "
I Set
Mas there any other conversation at the house? You
said Mr. and Mrs. Auci.ilo were talking. How long did
they converse?
rive minutes or so. They were conversing pertly in
Italian.
The daughter .aid, ••Y.s, i f . true they don't get
along," and she wa. kind of filling u. in on the detail..
The COURT, Go ahead.
When did you leave Mr. Auciello's apartment?
We must have arrived about 7.15 and we were there at
least 15 minutes.
While we were there, there wa, an interruption, the
telephone rang, and there was a conwnt mad, it wa. about
the apartment.
Mr. Auciello left and took the phone call in another
room.
This became apparent, we weren't going to be able
to rent the apartment.
Mr. MARCIELLO. Objection, your Honor. May that go
out?
The COURT. I will let it go. Did you understand
from what Mr. Auciello said he did not accept the offer
of $120 because his wife said she wanted it?
The WITNESS. Exactly.
ahe COURT, That is what he said?
2*21
A
Q
A
Q
A
The WITNESS, Yes. He said, he volunteered the
information at that time, he »«id, "I know if I don’t
take it myself, it will be against the law not to rent
it to you. I promise if we don’t take it. I’ll call
you,” to Mrs. Knight.
Did he indicate —
The COURT. He expressed the willingness, if his
wife didn’t take it, to let it?
The WITNESS. Yes.
Did he indicate to you that there was a prior person
who did give a deposit?
I don't know. I don't think so.
Was there any conversation about his daughter having
written a contract to the apartment?
Ho.
Mr. MARCIELLO, Will your Honor — no.
The COURT. It is leading, but let it go.
Mr. NISSENBAUM, Sorry, your Honor.
After you left the Auciello apartment, how did you get
back to Glen Street?
Mr. Auciello drove Mrs. Knight and me back to Glen Street.
Was there any conversation in his automobile?
No.
The COURT, As to this apartment?
1
/ M
Oh. No.
Did Mr. Auciello indicate he was going to move into the
apartment?
The COURT. Don't lead her. She said no converse*
tion, period.
When you got out of the car, was there any conversation
with reference to the apartment?
I guess I asked him at that time why he advertised it if
he wasn't planning on renting it, and he just sort of
shrugged off and didn't say much.
After that, then I went —
Mr. MARCIELLO, There is no question.
The COURT. Wait for the question. You are not
here to make any speeches.
Was there any conversation after you got out of the car?
The COURT. With Mr. Auciello?
With Mr, Auciello?
Just what I have related.
The COURT. Yes or No.
The WITNESS. No.
The COURT. Next question.
Mr. NISSENBAUM. I have no other questions at this
As to the apartment?
time, your Honor
Cross-Examination by Mr, Marciello
Q Did I understand your testimony that it was you who
found the apartment?
A No.
Q Who found the apartment?
A T found the telephone numbers of several apartments*
Q I am talking about this apartment. Was it the Knights
that sought this apartment?
A Yes,
Q Or was it you that told the Knights about it?%
A I read a list of five telephone --
Q Please. Did the Knights find an apartment and then call
you and say they wouldn’t rent it?
A Yes.
Q Or did you call the Knights first?
A They called me.
Q I am talking about --
A From the very beginning, they called me first.
0 Did the Knights find this apartment?
The COURT. Did they find out whether it was vacant
or not?
The WITNESS. No, they called me to ask about
finding housing.
Q So it was you and not the Knights that found this
A I did not find it, I found a telephone number. I did
not investigate the apartment,
Q I am talking about Exhibit No, 1,
A I found the ad.
Q That was you and not the Knight*?
A Yes, because —
Q All right. So you called the Knights or they called you.
In any case, you talked to the Knight* and told them
about the apartment at thi* address?
A I simply gave them a telephone nianber,
Q Yes or No, did you tell the Knights about this apartment?
A Yes.
The COURT, You saw them and told them about it?
The WITNESS. Yes.
0 And what else did you tell the Knights?
A That was all. I gave them four other phone numbers,
0 Did you tell them if anybody discriminates against them
or if they have any trouble to call you back?
A Probably,
Q You told them if someone gives them any trouble to call
you back?
A Exactly.
Q When did you give them that number?
A On Friday, the number I gave to his mother.
apartment?
- ) * 1
Q This is the 25th?
A No.
Q I mean the 2Wth?
A Yes.
0 So they then, from what you learned, went down to the
apartment at 7.30 and there was some conversation between
Mr. and Mrs. Knight and Auciello regarding a possible
renting to someone else and that they should call back
later; you found that out?
A No.
Q Did you find out that is what happened that evening?
A Later, after they talked to him.
Q And you found out that is what happened that first
evening, that Friday night?
A Correct.
Q So as per your orders, Mr. Knight immediately called
this and you called the next day?
A Yes,
And when they called, were you of the opinion Mr. Auciello
was immediately discriminating?
A No, I was suspicious.
Q You were suspicious they were discriminating?
A Yes.
(Conference at the bench on another matter.)
The CCUFT. Co ahead, sir.
i
Mr. MARCIELLO. Thank you, your Honor,
Q As soon as the Knights called you as to their first
meeting with Auciello, you became suspicious that Mr.
Auciello was discriminating?
A Yes.
9 On what basis did you form that suspicion?
A Because they are black, the Knights are black.
The COUFT. Repeat the question, please.
9 Do I understand your testimony to be that because the
Knights called you after one meeting with Auciello,
you immediately formed the opinion because they didn't
have the apartment and because you know the Knights
are black, therefore Auciello discriminated; is that
what you just said?
A I said I was suspicious.
The COUFT. What difference does it make?
Mr. MARCIELLO. I think I am going to show some
collusion.
The COURT. You are going to show her state of mind?
Mr. MARCIELLO. Yes, your Honor.
The COURT. Go ahead. She isn't deciding this
question of discrimination. Press it if you want to
develop her state of mind.
Mr, MARCIELLO. That is what I am doing.
The COURT. Some prejudice or bias. Go ahead.
I ^
I understand because the Knights were black and because
they didn’t get the apartment, you formed the opinion
that they were discriminated against?
A It was a possibility, I thought.
The COURT. What is the answer?
The WITNESS. Yes.
And did the Knights relate to you what Auciello had said
earlier?
A Of course,
0 And didn't the Knights tell you Auciello said to call
him back later?
A No, this was after —
Q The Knights didn't tell you that?
A They called me after the final conversation when he said,
"I'm sorry, I can't get it back."
Q In any event, you called some other person from another
city to go down and test the Auciellos?
A Yes, I did,
Q You called someone from the Fair Housing in Arlington?
A No.
Q From where?
A Lexington.
0 And did you tell the other one from Lexington to go down
and check on Auciello's apartment and spy on him there?
Did you tell the woman from Lexington to do that?
I v
Do I have to accept his wording? Do I have to say Yea
or No?
The COURT. You can answer Yea or No.
Mr. NISSENBAUM• Your Honor, I object to the con*
elusion.
Mr. HARCIELLO. I will withdraw the word "spying,”
The COURT. Put it in more temperate language.
Mr. MARCIELLO. I will repeat the question, then.
The COURT. Rephrase it.
It was on the basis of your suspicion that you called
another woman from the Lexington Fair Housing to go down
and double check on Auciello?
Yes.
The COURT. For what purpose did you call her?
The WITNESS. Because I wanted --
The COURT. Was she colored or black?
The WITNESS, She was white.
The COURT. What were you going to have her do?
The WITNESS. To determine whether or not the
apartment is available to someone who is not black.
The COURT. Is that what you told her?
The WITNESS. Yes.
The COURT. Go ahead.
Meanwhile were you discussing this course of action
with the Knights?
The COURT, You wanted to find out if it was
available to somebody who was white?
The WITNESS. Right.
The COURT. But not black.
Q Was it in fact you that discussed the possibility with
the Knights when you were telling them of this procedure,
you thought they may be discriminated against?
A They suggested to me first.
Q And then did you discuss with the® that you kind of
agreed maybe they had been discriminated against?
A Rephrase that.
Q Did you discuss with the Knights, at least in an affirma
tive, Auciello was discriminating against them?
A Yes.
Q So you helped plant that idea in his mind?
A Whose mind?
Q The Knights'?
A They mentioned it to me first. I agreed it was possible.
Q You then explained the procedure, "I'm going to call
Lexington Fair Housing and double check and we will
put this thing right in its pinhole," words of that
effect?
A Not to that effect.
Q What effect?
A Yea,
N 2 '
I would check to see if the apartment was available
to someone with the same qualifications but who was not
black.
What qualifications were those?
The same basic income level, the same number of children,
in this case zero.
Did the Knights tell you they had told Mr. Auciello the
income level?
He knew what he did for a living.
Did the Knights tell you whether or not they told Auciello
about the —
I don't remember.
While you were there the night of the 25th, was there
any discussion about the income level?
No.
Was there any discussion about qualifications?
I was not there.
The 26th you were there?
No.
Was there any discussion about where either one of them
worked?
No.
About where they lived?
This is the common testing procedure.
This is a te3t?
Aj
Q You mean to say this was all for purposes of testing
Auciello?
A Yes, it was.
When you called up the other woman, you were testing
Auciello?
A Yes, I was.
Q After you gave the number of the Knights on Friday
afternoon, when is the next time you spoke with the
Knights in person?
A Saturday night.
Q And you called the Auciellos on Saturday noon?
A No. Saturday morning.
Do I understand now that you started a testing procedure
of the Auciellos with a personal interview with the
Knights?
Hr, NISSENRAUM, Objection, your Honor.
The COURT, It is a perfectly proper question.
Q Did you start the testing procedure of Auciello without
a personal interview with the Knights?
A Yes.
0 Did you ever determine from the Knights whether or not
they had listed their qualifications with Auciello?
A T don't remember.
0 Did you ever discuss with the Knights whether or not
A Yes, sir.
/ V W
Auciello had made a remark that would lead to a feeling
of discrimination?
Yes.
What remarks?
I related them already.
Tell me again what remarks did Auciello make that you
were told?
They had called immediately before —
Please. Remarks Auciello made.
"The apartment ha. been taken. l>m .orry, I can’t rent
it to you. You are such nice looking black p«opl., I
wish I could, but I can't."
What other remarks?
"Why didn't you call before you came?" They had called
before they went.
How do you know?
They told me.
What other remarks, or is that all? Is that all, to the
best of your memory?
At the present time, yes.
Let me ask you this very simply. Listen closely. On
Saturday morning —
The COURT. Wait a minute.
Listen closely, Saturday morning when you started
arranging for the testing of Auciello, was it at that time
you started an arrangement with the testers from
L e x i n g t o n ?
A Y e s .
Q When you started arranging for the testing of Auciello
and started arranging with the tester in Lexington, did
you in fact have in mind that you were going to start
t o set up legal evidence for a possible lawsuit, or a
possibility —
A Not a l a w s u i t .
0 'Well, some discriminatory action against him?
A 'We were trying to set up evidence for action to get an
a p a r t m e n t , however we could,
Q Zo that the very next morning, before you had a personal
i n t e r v i e w with the Knights, in your mind you started to
s e t up some legal evidence t o do something to Auciello
t o f o r c e him t o do something; isn't that correct?
A I suppose.
Q How w ould you put i t ?
The COURT. You supposed --
The WITNESS, I don't trust his wording.
0 O.ive me y o u r w o r d i n g . Why were you collecting this
e v i d e n c e ?
A. B eca u se they wanted the aoartment and I wanted to do --
The COURT. Were you interested in the apartment
first, if I followed this?
/ V
I hadn'tThe WITNESS. I only told them about it.
seen it. They had seen it.
The COURT. You told them first about this available
apartment?
The WITNESS. Yes, because it was in the newspaper.
They called and asked me to tell about available apart
ments.
ihe COURT. They knew nothing about it until you
told them?
The WITNESS. They could have bought the newspaper.
The COURT. Answer my question, please.
The WITNESS. All right.
The COURT. They knew nothing about this apartment
until they talked to you and you told them about it.
Did you know when you read that advertisement in the
paper that the owner of these premises was black?
ihe WITNESS. Your Honor, he isn't black, the owner.
The COURT. Did you know when you first _
j.he WITNESS. No, he is not.
The COURT. You didn't know that?
The WITNESS. No.
The COURT. What were you trying to test?
Nr, MARCIELLO. That is what I am going to ask.
Give us your own words, when you started collecting
this evidence, a Fair Housing representative from
Lexington, before you had done any investigation, tall
us what the purpose of this evidence was.
Gladly.
That's all we want.
The evening before the Knights had suspected they were
discriminated against because of color. They suspected
it.
That is because Auciello at some time told them to call
back?
No, because he told —
Mr. NISSENBAUM. Objection, your Honor, He asked
the question. I wish he would let the witness finish.
Continue.
I merely said I would determine if the apartment is still
available.
I called Saturday morning and they said, "Oh, yes,
it is still available."
This sounds fishy. Something is not quite right,
and on those premises I decided I will see if the apart
ment is truly available.
The COUPT. And the first time that you knew that
the owner of these premises was black was when the
Knights told you?
The WITNESS. The owner of the premises was Auciello.
The COURT. Answer the question. Is that the first
time you knew?
The WITNESS. The owner isn't black.
The COURT. If you don't understand the question —
The WITNESS. I don't understand the question.
The COURT. Was the first tine — you talked to the
Knights about this apartment because they asked you was
an apartment available, and so forth, and you tell me
you didn't know when you read — when you knew about the
apartment and you told them about this apartment. Then
vou told them you didn't know that the owner Auciello
was black; right?
0 You didn't know?
A Oh, no, I didn't know whether he was white or black.
Correct.
The COURT. Then you weren't trying to make any
test case at that point?
The WITNESS. No.
The COURT. Later on you developed this idea of
the test occasion?
Q And that was the very next morning?
A Yes.
0 Before you had an interview with the Knights?
A Yes.
(Brief pause.)
The COURT. Go ahead, sir.
i y 9 '
L«t's get just a couple of quick questions.
At the time on Saturday evening, you were at the
house with Auciello and his wife and Mrs. Rossi?
Yes.
And you say you talked to Mrs. Rossi in the daytime?
Yes.
And did you get any feeling from talking to Mrs. Rossi
that she had anything to do with renting the apartment?
She said her father rents it.
Did you get a feeling she had anything to do with it?
No.
In fact she told you the rent she thought was ItO?
Yes.
In fact the ad says $90?
The ad does not say a rent.
I thought it did, I'm sorry if I am mistaken. But at no
time you got any feeling or indication that Mrs. Rossi
was an agent of her father renting the apartment?
I didn't know.
She never indicated anything along those lines to you
other than, "You will have to see my father, my father
rents it"?
Mr, Auciello said, "My wife and daughter are the real
bosses."
I didn't ask that.
The COURT, Let me decide that question, whether
there is any agency here. She doesn't know whet you
are talking about. If she does, she is e very astute
lawyer,
Q In any event, there is no question at the Saturday
evening meeting there was discussion about renting of
the five rooms?
A Yes,
Q And there is no question that Mrs. Knight agreed to take
the five rooms at a higher rent?
A That's correct•
Q No question. And there is no question that Mr. Auciello
got into a heated argument with his wife?
A Very.
Q To the point of using profanity with his wife?
A I suppose some.
Q Well, some Italian words. Take my word for it most of
it is profanity. In any event, there is no question
that Mr. Auciello said, "If I can straighten it out,
if we don't take it ourselves, then I will let you
have it," no question about that?
A Right.
Q Was he at all times gentlemanly towards you and Mrs.
Knight?
The COURT. Mo. If there was any acrimony at all,
— i V /
so we won’t bother with it.
Mr. MARCIELLO. I an petting to the question.
The COURT. If you want to pitch another question
on that, you can have it, but I have no evidence of
any acrimonious remarks except between Auciello and
his wife. That was acrimonious.
Mr. MARCIELLO. I guess it was.
The COURT. That is the usual thing. It is a
matter of common knowledge and I can take judicial
notice of that, I think.
0 In any event, Mr. Auciello drove you people back to
your car?
A Yes, he did.
Q And after Mr. Auciello drove you back to the car, where
did you and Mrs. Knight go?
A We went back to the White Tower restaurant in my car
to meet her husband.
Q And the husband stayed there in the White Tower?
A Yes.
Then what happened when you got to the White Tower?
A We told him what happened and he was very angry.
The COURT. Did he go back to the White Tower?
The WITNESS, He waited there for us.
The COURT. You folks went back, and what did he do,
Auciello?
I ̂ l
The WITNESS, Auciello let us off end then drove
away.
The COURT, At the White Tower?
The WITNESS, He let us off in Glen Street end I
drove Mrs. Knight and myself to the White Tower to meet
Mr. Knight.
0 The White Tower is a little coffee shop at the comer of
Broadway?
A Yes.
0 One of these all-night nieces?
A I don't know.
0 In any event, from the White Tower you then went your
way and the Knights went their way?
A Correct.
0 What was Mrs. Knight saying to you in the car going
from Glen Street to the White Tower?
A She was very upset.
Q Was she crying?
A It was dark.
0 ’Was she crying?
A I don't know.
Q Did you see her cry at any time?
A No.
Q Did she have her voice raised?
A She was very sad and quiet. She was angry and quiet and
angry.
The COURT, You can't tell whether she was angry?
The WITNESS. She told me, yes, she just felt this
was another case, they had been looking so long.
The COURT, Angry because she didn't finally get
the apartment?
The WITNESS. Yes.
The COURT. I have it. Next question.
She was quiet most of the time?
She was upset.
She was quiet most of the time?
The COURT. You can't answer that she was upset.
You don't know her state of mind.
The WITNESS. She told me.
The COURT. There is no mirror to a person's Bind,
You can't tell me whether I am upset or not because you
can't read my mind, so I struck that out. If she said
she was upset, that would be some evidence of her feeling
She is the only one who could testify to that.
Mr. MAFCIELLO. I am glad your Honor struck that out
I am asking whether or not she was quiet.
Yes.
And she wasn't crying?
I don't know.
At any event, you didn't see her cry?
2-M)
A It was dark.
0 What about the Whit. Tow.r, i. it pr.tty l ig h t th ere?
A Yes, it was light.
0 Very light, spotlights all ov.r tha driveway? I only
live three blocks away.
A It is very light.
It is at Broadway and Northern Artery and there are
further lights galore?
A I did not see her crying there.
The COURT. Any further questions?
Mr. MARCIELLO. I have nothing further,
ahe COURT. Any further questions?
No direct testimony, now.
Redirect Examination by Mr. Nissenbaua
0 I would like to go over the timing very quickly.
The COURT. Go ahead.
Will you tell us the outline of the timing?
ihe COURT. She has been all over that. You want
her to repeat it?
Mr. MISSENBAUM, I got confused.
xhe COURT. I want to get through sometime.
Mr. NISSEfIBAUM. No questions.
The COURT. It will be just a repetition of whet
she has already testified to.
o
\
Mr. NISSENBAUM. You may step down.
The COURT. Next witness.
Mr. NISSENBAUM, At this time I will call Barbara
Petschek.
BARBARA PETSCHEK. Sworn
Direct Examination by Mr. Nissenbaum
Q Will you state, please, your name and address?
A Barbara Petschek, 17 Preston Road, Lexington.
And do you have anything to do with Fair Housing, or
organizations like that?
A Yes.
Q Will you tell us your connection —
The COURT, What is Fair Housing, an organization
formed in your town?
The WITNESS, I have one in my town, but most all
of the communities have one.
ihe COURT. Who runs it? Who pays for it?
The WITNESS. It is all volunteer.
The COURT• There are no expenses connected with
the agency?
The WITNESS. Babysitting expenses, essentially.
The COURT. Members volunteer to sit, do they?
The WITNESS. No, they don't.
ihe COURT. Just take care of this renting business?
The WITNESS. Like a family, black family would
like to buy a house in my community and they have a
problem, they can cone to me.
The COURT, Next question. I understand now.
This is all voluntary.
And did you hear the testimony of Judy Wilson?
Yes.
And did you hear her testify about a phone call to you?
Yes.
Will you tell us when you received the phone call and
what you did after getting it?
I got a call around 5.00 o'clock on Saturday, the 26th of
July. She called and she said she — that the Knights had
been looking for a place and it was a possibility of
discrimination, and asked me if 1 would check.
What d i d you do next?
I made a telephone call — she read me the ad in the
paper.
The COURT. Hade a telephone call to whom?
The WITNESS, First she read me the ad and then I
called my husband and asked him on his way home to bring
t h e n e w s p a p e r home because I wanted to see it, and I
called the ad.
What number did you call?
What are your duties?
A 625-3350.
The COURT. That is Mr. Auciello's telephone?
The WITNESS. Right.
Q Who answered the phone, a man or woman?
A A woman.
0 Did she identify herself?
A Yes, Mr. Auciello's daughter.
Q What conversation did you have with her?
A I asked her —
The COURT. Did she identify hereelf?
The WITNESS. Yes, she said she wa6 Mr. Auciello's
daughter.
The COURT. Go ahead.
The WITNESS. That — I asked her if the apartment
was available, and she said Yes.
I asked her the rent, and she said it was $90 a
month and that there were more than three rooms, as
advertised, there were five rooms, and it would be
available August 1st.
The COURT, What did she say about the five rooms?
The WITNESS. She said the ad said three rooms
but there were five available, two not having any heat.
The COURT. For $90, and two others available?
I asked her —
The WITNESS. For 090, if I wanted to use them.
̂ y
A I asked her when I could see the apartment. She said
her father would be there at 7.00 o ’clock.
0 What did you do next, and what ... the oonv.ra.tion?
A I told her 1 would be there, end arrived at 7.10 that
evening.
Q Where?
A 28 Glen Street.
Q What did you do when you got there?
A I rang Mrs. Trant’s doorbell. She had told me I could
see the apartment.
Q Did you go inside?
ihe COURT. Who did you talk to?
The WITNESS. Mrs. Auciello, the daughter, Mrs.
Rossi said it was Mra. Trent's apartment.
Q After you got to Glen Street, would you tell us what
you did there?
A Mrs. Trant invited me up to see the apartment. She
said --
Mr. MARCIELLO, No, I will object to what she said.
Q What rooms did you see, and so on?
A I saw the three rooms on that second floor plus the
two upstairs.
The COURT. You saw the five rooms?
Q What was said next?
The WITNESS. Right.
How long did you stay at 28 Glen Street?
About a half an hour.
And what did you do and who did you talk with while you
were there, not what was said?
With Hr. Trant and Mrs. Trant.
After you left, what did you do? After you left 28 Glen
Street.
I went hone.
What did you do when you got home?
The COURT. Oh, we are not interested in that.
Hr. NIS5ENBAUM. It is relevant, your Honor.
Did you speak --
I called Mrs, Trant.
Did you speak to Mr. Auciello that night?
I talked to Mr. Auciello after I talked to Mrs. Trant.
Hr. MARCIELLO. Well, I am going to object now,
your Honor, because she at this point has never met Mr.
Auciello, never heard his voice and --
The WITNESS, I have heard his voice.
Mr. MARCIELLO. You haven't testified to that yet.
The COURT. Qualify her as with some knowledge —
Did you ever talk with Mr. Auciello?
The COURT. Wait a minute. Let's get it properly.
You called what number, the sane number?
The WITNESS. Yes, I looked it up in the telephone
2-56
directory to nake sure it was the eene number, end it
was, and I called and a man answered,
Mr. MARCIELLO. I understood she talked to Mrs.
Trant's number.
The WITNESS. I called there first.
The COURT, She talked to Trant and his wife first.
Mr. MARCIELLO. That is a different number altogether.
The COURT. This is a call she made — she called
up the same number and a man answered. What was the
conversation ?
The 'WITNESS. The reason I called_
The COURT. Never mind your reason. What did he
s a v °
The WITNESS. Mr. Auciello said that the apartment
available but he was having problems which he couldn’t
discuss then.
I had told him I would feel better if I could put a
deposit and hold it because I was leaving for the Cape —
.he COURT. Never mind the cause. What did he say?
ihe WITNESS, He said I didn't have to do that,
by the date I got back from the Cape I could have the
apartment and I should call him then.
"Id vca discuss with him the rent0
p COURT. Lid you tell him you were black?
ihe WITNESS. I didn't tell him anything.
/ *? /
2-i7
Q
A
Q
0
Q
The COURT. You didn't tell him that?
The WITNESS. I gave him my name.
The COURT. You didn't tell him you ware a colored
person?
The WITNESS. No.
What name did you use when you called Mr. Auciello?
My naiden name, Barbara Scafati.
When you talked with Mr. Auciello, was he aware —
The COURT. No, no. That is a wrong question. That
is a state of mind. No merit to it.
Did Mr. Auciello indicate to you —
The COURT. Don't lead her now. What did he say
to you?
What did he say to you, the total of that conversation
vou had with him?
0
A
The COURT. When was this meeting?
The WITNESS. That was at 9.00 o'clock that same
evening.
The COURT. That was after you telephoned?
Mr, NISSENBAUM. On the telephone.
The COURT. That was after the telephone that you
went over?
The WITNESS. No, no. That was on the telephone.
This is the rest of the conversation?
Right.
/ k*
Will you tell us the rest of the conversation you had
with Mr. Auciello?
The rest of it. You mean completely what I just said?
The balance of the conversation.
He was not going to rent it to anybody, that I should
contact him when I got back from the Cape, it would still
be available.
The COURT. We have been all over that. Next question
Did you talk -- what was his rental going to be?
$90 for the five rooms.
The COURT. Mr. Auciello never gave you a price?
The WITNESS. I repeated the price to him.
The COURT. Why don't you give us the whole conversa
tion?
The WITNESS, I thought I was just to answer questions
Give us the whole conversation,
I guess I was on the phone about ten minutes —
The COURT. Any further conversation other than
what you already testified to. Let's get along with
this case. Anything else you haven't told the lawyer
that he said or you said to him, that's all.
The WITNESS, Mr. Auciello had explained he was
having lots of problems.
The COURT. We had that.
The WITNESS. He would like to rent it to me because
Mrs* 7rant already described ne or told him about
me and he would not rent it to anybody else until I
rot back from the Cape, which would be on the 8th.
ihe COURT, That is exactly what she said before.
Anythint- else now?
The WITNESS, He would be happy to have me as a
tenant.
The COURT. Exhaust her memory and put a leading
question tc her.
The WITNESS. He also said that he would not require
a deposit from me.
Q And the rental was going to be —
A — $90.
C For how many rooms?
A For the five rooms,
Mr. NISSEN3AUM. No other questions. You may inquire.
Cross-Examination bv Mr. Marciello
Do I understand when you called Mr. Auciello, for some
reason you lied about ycur name?
A I didn't lie. That is my name.
9 What is your legal name now?
A Barbara Scafati Petschek.
9 I t i s ?
A Yes.
J -
A I suppose I do,
Q Could I see it, please?
A It is B,
0 How long have you been married?
A Ten years.
Q Have you ever signed your name Barbara Scafati Petschek?
A I have on occasion,
Mr. NISSENBAUM, Objection. Counsel lists her
maiden name as part of her full name.
Mr. MARCIELLO. I am asking what name she uses now.
The WITNESS. Barbara B. Petschek, Mrs. Harry Petschek.
Q You don't use your maiden name?
A Scafati happens to be still my name,
0 But when you talked with Mr. Auciello, you never mentioned
Petschek?
A No, I didn't.
Q So you told him a little different name or you didn't
tell him your full name?
A I gave him my name.
Q Why didn't you tell him your name was Mrs. Petschek?
A I told him I was staying with my sister in Lexington
by the name of Mrs. Petschek.
Q So that you had some kind of plan you were drawing up?
A No.
- /wZ '
0 Do you have your licenses with you?
Look at me and I will answer you. I have been in the
housing business for a very long time.
This is voluntary, isn't it?
Of course voluntary. And Petschek is well known through
out the real estate industry and I had no idea how big
a real estate nan or landlord Mr. Auciello was.
The COURT. Next question.
You were trying to cover up something so far as real
estate men are concerned?
I was trying to verify whether this apartment was avail
able to me, and he had never even seen me.
In essence you were playing an undercover agent?
I was trying to verify --
Yes or No?
I don't consider myself an undercover agent.
The COURT. You didn't give your right name, your
legal name?
The WITNESS. Right. I didn't, right.
Why didn't you?
Because Petschek is fairly well known in the real estate
business. It has been in the newspapers regarding fair
housing before, and I automatically used Scafati.
You mean you were trying to collect evidence against
Why did you tell him your name _
Mr. Auciello?
A I was trying to verify whether the apartment was
available to me.
The COURT, There is no doubt about trying to
collect evidence of discrimination.
0 And had you ever met the Knights?
A Mo.
Q Did you ever interview the Knights?
A No.
Q Never talked to them on the phone?
A No.
The COURT. If I understand these ladies, that is
what they say their job is, looking for people who dis
criminate .
Mr. MARCIELLO. I understand, but I am trying to
find whether or not she is doing the job correctly.
She is calling people up and had never even talked to
the Knights.
Q Am I correct on that?
A Correct.
The COURT, She talked to the other lady who testi
fied here.
Q How long did you talk to her?
A That other woman got her into this thing.
Mr. MARCIELLO. I understand.
A I guess approximately 15 minutes.
“ / J*
On the phone?
On the phone.
Did you get a personal interview with the other woman?
Mrs. Wilson, I know.
Did Mrs. Wilson call you and say, "I've got a discrimina
tion. Go down and check"?
She said there is a possibility of a case of discrimina
tion in Somerville.
The COURT. And then you went around there; right?
We are not stupid here. Go ahead. At least I'm not.
In any event, there is no question that Mr. Auciello said
to you, "Look, I’m not going to rent it to you now"?
No, he didn't say that.
What did he say?
He said that there were problems, the apartment was
still available. He couldn't rent it to me right now.
He said to you, "I'm having problems and I can't rent
it right now"; yes or no?
"I can't say yes right now. By the time you come back
in two weeks, call me and you can have it."
Did he say, "I am having problems with the apartment and
I can't rent it to you now"?
Right.
Mr. MARCIELLO. That's all.
Mr. NISSENBAUM. Thank you.
1
I call Rocco Auciello to the stand.
ROCCO AUCIILLO« Sworn
Direct Examination by Mr. Nissenbaum
Q Would you tell us your nans, residential address, please?
A Rocco Auciello. First name is Rocco.
Q And the last name?
A Auciello.
0 And your residence, your address?
A 205 Pearl Street, Somerville.
Q And what is your occupation?
A Laborer.
0 Do you own a business?
A No.
0 Are you the owner of premises at 28-30 Glen Street?
A Yes, sir,
Q Are there any occupations — is that a residential apart
ment building?
Mr. MARCIELLO. I don’t understand the question.
Q Is that a residential apartment building?
A Besides residential?
Q What is located at that premises at 28-30 Glen Street?
What type of buildings?
A Three-family.
Q Three-family house, and how about out back?
- / v ; -
A A Darking lot.
Q A parking lot?
A Sure.
Q I show you this newspaper advertisement, Exhibit No. 1.
Do you recognize that apartment?
A Yes, sure.
Q Did you put that in the paper?
A I have my glasses.
The COURT. Will you stipulate —
Mr. MARCILLLO. I have stipulated at least three
tines, your Honor. I have stipulated as to Exhibit A
in the complaint and when it was introduced.
Mr. NISSEHBAUM, Okay. He stipulated •-
The COURT. Answer that. He put it in.
The WITNESS. Sure.
Mr. NISSEHBAUM. He put the ad in,
Mr. MARCIELLO. Ho question about it.
The WITNESS. I have a receipt from the —
Q No. Okay. Now, you have heard the testimony of all
the prior witnesses, Mr. and Mrs. Knight and Mrs. Wilson
and Mrs. Petschek. You heard all that. Now, subsequent
to July 26, did you have any conversations with me?
A July 26th?
Q July 26th.
A What conversation?
-
On Saturday, July 26th, did you talk with me?
At the time you have been here?
No.
The COURT, "Did you at my office --**
At ny office on August 1st, 1969, did you talk to me?
Yes.
What was our conversation? What did you say to me?
I said to you, because I wanted to give you the what
do you want me to say? I says I want to give you the
flat because you make trouble.
I make trouble?
Sure. He won't take.
What did I tell you?
You said you got the place? I says okay.
Did I tell you about an 1866 Act of Congress?
The COURT. Oh, for the love of Pete, forget that.
Did I tell you about a discrimination act?
The COURT. He wouldn't understand that.
You told me about discrimination.
The COURT. Wait a minute. Never mind this 1866 act.
You says to me --
jMr, KARCIELLO, Your Honor, is my Brother going to
lead his witness,on the whole testimony?
You told me because he is a nice guy.
Hr. MARCIELLC, Wait until he asks a question.
2-67
He should have waited and I could have asked him and he
could have cross-examined him. He is his witness, your
Honor.
The COURT. If you both can be quiet, I will say,
"Put your next question."
Were you willing to rent the apartment to Mr. and Mrs.
Knight?
A Sure.
Will you tell the Court under what circumstances, how
much rent?
A $110.
The COURT. Why don't you put the specific questions?
Did you talk to Mrs. Knight about the renting of this
apartment? What was said? It seems so simple.
Did you talk with Mrs. Knight about the renting of this
apartment?
A Yes, the price.
i I
Q What was said? Tell us the conversation you had with
Mrs. Knight.
A Just we had (inaudible.)
0 You had an appointment at 7.30?
A Sure, on my property. My daughter, she says you have
(inaudible). She says 7.30.
Q Your daughter told you you had an appointment at the
flat at 7.30?
A Right. I see Mr. Knight and Mrs. Knight. For me a t _
0 You saw Mr. and Mrs. Knight?
A Yes.
Q Did you talk with then?
A I see a little girl, anyway. He says my wife and husband,
we just pot married, we want a flat. It was a thing
because -- a little girl, she was looking to me 12
years old.
Q You just tell us what you said and what they said.
A I says the way I figured it right away, he's nice
oeople, a nice car. lie looked very nice nan.
Q '/hat did you say to him?
A I says, "We see about the flat."
0 An d ~ ••
A T says, "The flat I rent not because I don't want to
<'ive it to you."
Q We will ask you about your feelings in a few minutes.
Let's try and answer the question so that we can get
the story into evidence.
A Okay.
0 And Mr. Marciello —
Mr. MARCIELLO. Don't make a speech, just ask him
a question.
Mr. HTSSENBAUM, Mr. Marciello, I'm just trying to
assist him in understanding, the question.
) l
Hr. MARCIELLO, If you let me examine him, you
will get the assistance.
The COURT. Ask the questions.
What did you say to Mr. Knight when you met him?
I says the flat I rent.
The COURT. We will get along better because ——
did you say this to him? Ask leading questions.
Did you tell Mr. Knight that the apartment was rented?
Yes.
Did Mr, Knight say to you -- did he get aggravated with
you?
Mr. MARCIELLO. Objection.
Did Mr. Knight tell you —
The COURT. What did he say?
What did Mr. Knight say?
He said, "Please, we need the flat because we just got
married. She's living — the only thing "
Did you ask Mr. — did you tell Mr. Knight, "Why didn't
you call me before you came here?" Did you ask him that
question?
No, but my daughter, she told —
The COURT. Just No.
Did you tell Mr. Knight that the apartment was rented
30 minutes ago'5
That's right.
Did you tell Mr. Knight that your daugher had taken
a deposit on the apartment?
A Yes. I says the flat, I rent the flat, not because I
don't want —
No. Just answer the questions. Did you talk with Mr.
tonight at 10.00 o'clock that evening on the telephone?
Yes is your answer?
A Yes.
Did you tell Mr. Knight then that your daughter had
signed a contract for the apartment?
A No.
1 You didn't tell him that?
A I says you wait a little while, I'll try the best because
I wanted to investigate him.
You told Mr. Knight at 7.30 to call you at 8.00; is
that correct?
A Ves, I says, you know, I give him my phone number.
At 10.00 o'clock when he talked with you, did you tell
h i m the apartment was rented?
A I says we got to see. Never, I says — we have three
or four months with the flat.
At 10.00 o'clock at night —
The COURT, Did you say to him the apartment was
rented?
The WITNESS. Mo.
/
The COURT. Next question.
The WITNESS. No.
At 10.00 o'clock Friday night you said no, the apartment
was not rented. He could have had it at 10.00 o'clock
that night?
We were talking about it. I says, "You give me a chance.
■«s 11 see. I want to talk with my lawyer. My familv.
My wife, because I have trouble all the time with her,"
and the lady, she say that night, "I want to rent the
flat."
ihe COURT, Please put a specific question.
The WITNESS. My wife —
Mr. KARCIELLC. Wait, your Honor, Let me ask a
question.
hr. NISSENBAUM. I thought if he told it in the
narrative, we would get the information.
The COURT. What has he said up to date?
Mr. NISSENBAUM. He said, I believe, at 10.00 o'clock
when Hr. Knight called him, that Friday evening, he denies
having said to Mr. Knight that the apartment, that my
daughter had written a contract on the apartment.
He says in the alternative that he hadn't talked
with his wife and family because the wife and son-in-law
were not getting along. That is what he said so far.
Is that right?
A
Q
A
0
A
Q
A
Q
A
0
A
Q
A
Q
A
0
A
Q
Sure. That's the truth.
You also said you had a talk with your lawyer?
Yes. I want to find out, because I had the trouble before,
because it's nice people, nice couple.
What trouble did you have before? Mr. Knight, what
trouble did you have before?
With the other people.
What other people?
The other tenants, he wanted — he broke my —
The COURT. I don't care about other tenants.
Saturday night, did you go back to Glen Street?
Yes.
Did you meet Mrs. Wilson and Mrs. Knight?
Sure.
And did you say to them the real bosses are your wife
and daughter, that you would have to take them to Pearl
Street?
Sure, right away I says, "Okay, the flat is yours."
You said, "The flat is yours"?
Sure. That's what I said. "Go home and give a deposit."
She wanted to give me only $20. My wife, she was —
because --
Excuse me. When you met them at the apartment —
Yes.
-- you told them she could have the apartment for $120?
r ,
A Yes. Why not?
Q This is at Glen Street?
A Yes. I bring her with ny car.
Q The other witnesses have testified --
Mr. MARCIELLO. I don't think we should pin him
down to Glen Street.
Mr. NISSENBAUM. The other witnesses said when they
got to Pearl Street and Mr. Auciello had a conversation
at Pearl Street, he said he had another person who would
take it for $120, if I am quoting Mrs. Wilson correctly,
and then Mrs. Knight said, "I'll take it for $120."
i
That is when the wife came in the picture.
Mr. MARCIELLO, That is as I understood it.
Mr. NISSENBAUM, Is that correct?
Mr. MARCIELLO. That is what happened.
0 When you were at Glen Street, when you met Mrs. Knight
for the second time, did you tell her right away she
could have the apartment?
A Sure. I bring her right awav in the car with me.
Q At Glen Street?
A Yes. Sure,
n< On Glen Street?
A Yes, I says, "The flat is yours. Get in the car."
0 Mrs. Trant was there, too, when you said this?
A Yes. Where? She was in her house. She was there because
/
Mrs. Wilson was there when you said this at Glen Street?
A Who?
Q Mrs. Wilson, the lady in the white jacket.
A Yes.
Q Sit down. We’re not done yet, Mr. Auciello.
The COURT. Take it easy, now. Let's get this $120.
Where was it you told her, as she said _
Mr. NISSENBAUM. He says at Glen Street, the second
time. That is at the apartment in question he said, "You
can have it for 120.”
Mr. MARCIELLO, I don't think he said that.
Q Is that what you are saying?
Mr. MARCIELLO. He said at Pearl Street.
Mr. NISSENBAUM. If you want to object, but don't
put words --
The COURT. Was that in the nighttime, 7.30?
The WITNESS. Yes.
The COURT. You told her then she could have it for
120?
0 At the --
The COURT. What did the other witness testify to?
Mr. NISSENBAUM. The other witness said Pearl Street.
The COURT. He offered it to her, that is the testi
mony. You are distinguishing between the places where
he offered it.
Q Cid you say anything —
The COURT. Both, your witness and he agree there was
this offer for $120 and she didn't take it; right?
Mr. NISSENBAUM. No.
At that point did your wife say she wanted the apartment?
A Sure.
Q Tust answer the question.
A Okay. Yes.
0 Did you talk about a lease that evening?
A With who?
0 With Mrs. Knight? You didn't talk about a lease?
A No.
0 Sonetime later did you talk about a lease?
The COURT, That night or —
After that night, after that Saturday night, did you ever
talk about renting the apartment to Mr. and Mrs. Knight?
Yes or No?
The COURT. Do you understand that question?
9 In other words, a week later when you came to my office
and you and I talked, at the end of that conversation
did you tell me you were willing to rent it to them
for $120?
A Yes.
0 Did vou tell me you wanted a lease?
A Yes.
i ^
One year.
One year?
Yes.
Or six months?
One year.
One year?
Yes. That's what —
Mr. Auciello, I would like to remind you you are under
oath.
Mr. MARCIELLO. Oh, your Honor please.
The COURT. Don't threaten him, please. You have
intimated he is lying with that sort of question. It
isn't fair. Please ask the questions.
Do you remember taking a ride in my car?
Yes.
Where did we go?
To your office.
We were in my office, and then we got in my car?
Yes.
And we took a ride; is that right? Where did we go; do
you remember?
Your office. You let me —
Did we go up and make a telephone call somewhere? Up
to the Star Market? Do you remember that? Were you ever
in n v car?
A Yes, v/e went in your office.
The COURT. Do you remember — did you make a call?
Mr. NISSENBAUM. Yes.
*he COURT. Do you remember that gentleman, that
lawyer, making a telephone call in the Star Market after
you got in his car?
The WITNESS. No.
Q Did we have a talk about renting to the Knighte?
A Sure.
Q Did you say they could stay for six months?
A No* because you told me it cost a lot of money on dis
crimination .
Mr. NISSENBAUM. Your Honor, I think I will put
myself on the stand to contradict this witness.
The COURT. I think vou better. This is really
confusing. And what difference does it make, whether
he asked for a lease for six months or one year, Mr.
Counsel?
Q Do you have any other apartments, Mr. Auciello?
A Yes.
Mr. MARCIELLO. I am going, to object.
* he COURT, Strike that out. It has nothing to do
with this,
0 Do you have any other leases, Mr. Auciello?
h i
4 - / 0
0
Mr. MARCIELLO. I am going to object.
The COURT.' It has nothing to do with this case.
Mr. NISSENBAUM. I suggest, your Honor, the rele
vancy of this question --
The COURT. It has nothing to do with this case.
You put >our next question.
Mr, NISSENBAUM. Sorry, your Honor. I withdraw that
question.
The COURT. When I make a ruling, it must be fol
lowed immediately,
Mr. NISSENBAUM. I’m sorry, your Honor.
The COURT. Next question.
Did Mr. Marciello, your attorney, ever tell you that you
didn’t have to rent this apartment —
Mr. MARCIELLO. I am going to object strenuously.
The COURT. That is a conversation between lawyer
and client. It is not admissible.
Mr. NISSENBAUM. Yes, your Honor. I asked the
question because he didn’t object. I felt it was rele
vant .
The COURT. If he waives his privilege in any way.
Next question, please.
We will take a ten-minute recess.)
(Brief recess.)
* } *
Mr. NISSENBAUM. With the Court's permission, I
would request Mr. Auciello to step down at this time
and that I take the stand to give direct testimony,
and then I would like —
The COURT. Do it in an orderly way. Finish with
one witness at a time. Then if you want to put in
anything in rebuttal with respect to what he says, you
will have a chance later.
Mr. NISSENBAUM, I have no other questions of Mr,
Auciello. You may inquire.
The COURT. You can put yourself on in redirect,
if you want to take the stand.
Mr. MARCIELLO, It appears, your Honor, we are
saving --
The COURT. I have made my ruling. I don't listen
to any talk at all after I make a ruling.
Cross-Examination by Mr. Marciello
Mr. Auciello, did I understand your direct testimony
that you were willing to give the apartment to Mrs,
Knight and you were there together with your wife and
daughter before the argument?
Yes.
Now, after —
The COURT. For $120.
Mr. MARCIELLO. Right.
Q And that was with three rooms or five rooms?
A It was five rooms.
Q And did you talk about the five rooms when you were at
that meeting, you, your wife, your daughter, Mrs. Knight
Mrs. Wilson?
A Yes.
Q After that meeting I understand Mr. Nissenbaum came to
you and you and he discussed the terms of renting the
apartment ?
A Sure.
The COURT. Does he know who he is?
Mr. MARCIELLO. He knows Mr. Nissenbaum.
The WITNESS. Sure.
The COUPT. And he came to him?
Mr. MARCIELLO. That's correct.
The COURT. Or was it at his office?
Q Did Mr. Nissenbaum come to you?
A Yes.
The COURT. At your home?
The WITNESS. Yes.
The COURT. I thought it was his office.
0 And did he tell you then, "You better rent it or I'll
bring you to court or I'll sue you because you are dis
criminating"? Some words or threats?
j .1 V
A Yes.
The COURT. What did he say?
The WITNESS. He says, "The money you want is too
much, $120 is too much."
The COURT. I can't understand him.
Mr. MARCIELLO. He just said Nissenbaum told him
$120 is too much for his clients to pay.
The COURT. Is that all?
Q What else?
A And I says, "Everybody rent the $120. The flat is all
modern, all nice."
Q It is what?
A The flat is all modem.
Q All done over?
A Sure.
The COURT. I can't understand what he says.
Mr. MARCIELLO. He says he told Mr. Nissenbaum it
was a modern flat and he had done it all over.
The WITNESS. Do the whole flat,
Q Then what happened?
A And he says, "No, you can't have this kind of money."
Q He said you can't get this kind of money? What else
happened?
A He says, "We want to give you $90 for the tenants to pay,"
The other tenants, they were there six or seven years.
I *
That is in the other apartment?
Yes,
The COURT. Repeat what he says.
Mr. MARCIELLO. He says Nissenbaum told — Nissenbaum
said that, "We will give you $90 like the other tenant
was paving," referring to a tenant in another apartment,
and he said that the other tenant has been there for
six or seven years, been a tenant for six or seven
years, and he never raised the rent and that is why
the other tenant was paving 90, but this apartment is
all modern, done over.
Then what did he say?
He thought —
What did Nissenbaum sav?
He says, "You can’t get the money
What did he say about taking you to court?
He savs, "We'll sue you."
Nissenbaum said, "We'll sue you"?
Yes. Then I come to you.
Then you came to me?
Yes.
The COURT. What did he say he would sue you for?
He said, "I'll sue you"?
Yes.
What did he say he was going to sue you for?
because --
The COURT, Repeat it, please.
Mr. MARCTELLO. He said Nissenbaum told him, "You
better pive it to them for 90 or we’ll sue you for dis
crimination.”
Is that what he said?
Yes.
Then what die you do?
I went to you, my lawyer.
By the way, my office is about a block away from Mr.
Nissenbaun’s, isn’t it?
Yes.
And
The COURT. Where is that?
Mr• MA.RCIELLO. 100 Broadway, Somerville, your
Honor, two streets away from Glen Street.
How, what did he tell you?
You says we pot to give the flat.
I told you, "Let's rent it to him"?
Yes, you says I want — you says I was to — that the
lawyer was, he says it's nice people (inaudible) because
he have a job.
Did I tell you I will check into it for you?
Yes, sure. You says we pot to find out.
Because he says this is discrimination. We sue you
1 And then as a matter of fact you saw me on a couple
of occasions after I talked to Nissenbaum and I talked
to you again, didn't I?
A Yes.
Q And then I told you that they were married; that he
worked in the post office?
A Yes,
Ano that they had a good job and that they would probably
be able to afford the rent?
A Yes.
And then what did you say when I suggested let's not get
in trouble?
A I leave it to you because you are my lawyer, you know
what to do.
In fact did we talk about even lowering the rent to $110
to make no trouble?
A Sure.
w ‘'i-'-t I tell you I was going to call Nissenbaum and offer
him $110?
A Yes.
Did I see you after that and tell you about my talk with
Nissenbaum?
A Yes. You says, "I phoned him and he don't want no more
the flat."
0 I am talking about the 110. What did I say whan I told
- A. 1
you I called him and I offered him 110, what did I tell
you about it?
A You says we pot (inaudible) $90.
0 When I told you I told Mr. Nissenbaurathat I then offered
him 110, did I after that tell you he still wouldn't take
it for 110, he wanted 90? Did I tell you that?
A Yes.
Q And then what is the next thing that happened?
A The next thing, you says I phone him the flat --
Q After the phone call, did somebody come to your house
with some papers after that, the sheriff, the marshal?
A Yes.
Q It was after that that the man served you with the papers
to sue you?
A Yes.
0 All right. Now, just so that there is no question about
the ownership of the house, who owns this house?
A Myself and my wife,
Q Does your daughter Philomena have any title to the house
at all?
A No, sir.
Q Does she have any right to rent the house?
A I do it myself and everything.
0 Did she ever rent the apartments for you?
A No.
) f ) -
Does your wife speak English, understand English?
That's why I put two telephones in.
When we were in court last time in November when his
Honor removed the injunction — remember that?
Yes.
Did you rent that apartment after his Honor was kind
enough to remove the injunction? Is it rented now?
Yes, because --
After the injunction you rented the apartment?
The COURT. On what date did he rent it?
The WITNESS. The Judge, he says (inaudible.)
It is after. You rented it after the Judge removed the
injunction?
Sure.
How much is the tenant paying?
$110.
Are they paying $110 now?
Yes.
He, one person?
Two persons, a couple.
When you first saw Mr. and Mrs. Auciello the first night
they came down, I understand from your direct testimony
that you stalled them a little bit, you made them call
you back; that is true, isn't it?
c r o n s , why d i d you do t h a t 1
A b e c a u s e I se e t h e y are n i c e n e o n l e , t h e g i r l , f o r me,
l o o k e d , I d o n ' t know, 12 o r 13 y e a r s o l d .
She l o o k e d young t o you?
A Looked t o o younp.
She s a y s , "We ; 'u s t p et m a r r i e d . "
I no b e l i e v e t h e y pot m a r r i e d b e c a u s e i t l o o k e d b a d ,
a l i t t l e r i r l , and 1 f i g u r e d i t m ight be s o m e th in g w rong.
I s a y s I want t o t a l k t o ny l a w y e r , and I s a y s t h e
f l a t I r e n t , t h i s i s n ’ t t r u e . I know b e c a u s e - - I g i v e
him my t e l e p h o n e number, I s a y s , "Y o u phone me back and
I t e l l v o u . "
0 In f a c t I am t h e one t h a t t o l d you t h e y were m a r r i e d
and t h a t he was w o r k i n g , he worked in t h e p o s t o f f i c e ?
A T h a t ' s r i g h t . He was t a l k i n g t o t h e e t h e r l a w y e r who
s a y s ve i s n i c e p e o p l e , t h e y had a n i c e j o b , a n i c e
e d u c a t i o n . H is w i f e , she worked in the bank.
C I t o l d you t h a t ?
A He s a y s , " E v e r y t h i n g i s o k a y . "
I s a y s , " O k a y . The f l a t i s y o u r s , "
V And t h e r e i s no q u e s t i o n t h a t I n e g o t i a t e d w i t h Mr.
H i s s e r b a u n and t o l d you a b o u t t h a t n e g o t i a t i o n ?
The COURT. You b e t t e r t a k e t h e s t a n d and t e s t i f y
t h a t way.
You couldn't ret this in direct, but I will ask you in
/ ✓ ,
Mr. MARCIELLO, I think I have nothing further.
Hr. NISSENBAUM. I have no questions of this witness,
your Honor, at this time.
The COURT. Do you have some questions?
Mr. NISSENBAUM, Not at this time, your Honor.
The COURT. You may step down. Do you want to
testify now?
Mr. NISSENBAUM. Yes, your Honor, may I be sworn?
^E.RALD^Jj.^Njr.SjBENB^AUMj^jSworn
Mr. NISSENBAUM. My name is Gerald Nissenbaum.
I reside at 23 Rawling Lane, Wayland, Massachusetts.
I am an attorney at law and I practice at 8* Broadway,
Somerville, Massachusetts.
On August 1st, 1969, as a result of telephone calls
I had received from the Massachusetts Federation For
Fair Housing and conversations I had with one of their
representatives, I went to 28 Glen Street, second floor
left, and I found the apartment to be empty. That was
at 8,30 a.m, on August 1, 1969,
At 8,45 I went to 205 Pearl Street and rang the
first floor. I received no reply,
I went to the second floor and spoke with a Mrs.
Rossi, who identified herself as Mr. Auciello’s daughter.
I asked her to have her father or her father’s
attorney contact me immediately with reference to the
apartment at 28 Glen Street.
Mrs. Rossi stated to me that her mother was moving
in and I suggested that I did not want to talk with her
any longer, and I left.
At 10,15 a.m, I was called by Attorney Frank Marciello,
Jr.
‘he COURT. That is this gentleman?
Mr. NISSENBAUM. That is counsel who now represents
the defendants.
I told him the substance of the allegations which
his Honor has heard by the testimony of Mr. and Mrs.
Knight, Mrs. Wilson and Mrs. Petschek.
Attorney Marciello said to me that Mr. Auciello
would not be home from work until late that evening _
Mr. MARCIELLO. Now, your Honor, I think we are
going to have to object to the whole conversation.
This is all hearsay conversation not in the presence
of the defendants.
The COURT. He is going to testify as to what, I
assume, Auciello said to him.
Mr. MARCIELLO. But he is not doing that now.
Mr. NISSENBAUM. I withdraw that statement with
reference to what Mr. Marciello told me.
As a result of conversations with Attorney Marciello,
I told Attorney Marciello that if arrangements —
Mr. MARCIELLO. Your Honor, I am going to object.
The COURT. You have gone into all this, as to what
he told you’’
hr, MARCIELLO. Can't he tell us what happened
between him and Mr. Auciello?
The COURT. You represented him, didn't you?
Mr. MARCIELLO, Not at that point. I wasn't repre
senting him at that point. I was just _
The COURT, You called him up, didn't you, sometime
that evening?
Mr. NISSENBAUM. 10.15 that morning, your Honor*
Mr. MAPCILLLO, To find out what the story was.
The COURT. Didn't you tell him you represented
i i
Mr , A u c i e l l o ?
Mr, MAFC^ELLO. No, I said I am trying to find out
what the story is.
The COURT. You didn't call him up idly, you called
up because you were interested in doing something for
your client?
Mr. MARCIELLO. He wasn't my client. Anyway — .
The COURT. Go ahead.
Mr. NISSENBAUM. At 5.15 that evening, I called
Mr. Auciello and told him on the telephone I telephoned
him by looking in the Boston directory, and finding his
telephone number on Pearl Street, and a man answered,
I asked if this was Mr. Auciello, and the reply was Yes.
The conversation with Mr. Auciello at that time
was, I told him. the substance of the allegations by
the witnesses, and further that this couple had legal
counsel, namely myself, and that if the apartment were
not rented to this couple, the three rooms at $90, on
their behalf I would file an action in the Federal
District Court for the District of Massachusetts and
that it was my judgment that the plaintiffs would be
victorious in that suit.
The COURT. That is what you thought?
Mr. NISSEIJBAUM. That was my judgment, and I told
him that.
He told me that he was under pressure from his wife
to move into the apartment himself and that he lived
i n h i s son-in-law's house.
He said that he knew he was wrong, but his wife
was a hard person to convince, and that is a quote.
He requested that I personally speak with his wife
and daughter, and I agreed to meet them, the three of
them, at my office Saturday morning, the next day, at
9.00 o'clock.
On Saturday, August 2nd, Mr. Auciello came to my
office at 9.40. He started the conversation by saying,
quote, I know I was wronp, unquote.
I asked him if he and his wife were going to move
into the apartment.
He said Yes.
I then asked him how much rent he was paying at
his daughter's apartment on Pearl Street.
He replied $110.
I told him that the Knights would take that apart
ment on Pearl Street,
At this point he said that he wasn't really going
to move into Glen Street but that he wanted to hold the
apartment for his son, who is now in Kentucky.
I asked him what occupation his son had at that time.
He told me that his son was drafted a year ago and
would be in the Army for at least another year, or maybe
two, but his son was going to get married, maybe in two
months.
He told me he was saving the apartment for his son,
and when I asked what point the wedding was planned for
his son who he said was engaged, he said no date had been
set.
I suggested to him that this line of discussion
was not proper at this time, and then he told me he
would rent the apartment for three months at $120,
with a lease
I asked him if he had any other apartments, and
he told me several on Glen Street and on Bow Street,
I believe.
I asked him if he had any other leases.
He said No, no other leases.
Mr. MARCIELLO. I object to any conversation about
other apartments.
The COURT. No. Go ahead. This is a talk with
Marciello.
Mr. NISSENBAUM. Ho, with Auciello.
The COURT. Yes.
Mr, NISSENBAUM, With the defendant. You said
Marciello.
The COURT. Auciello, I got it wrong,
Mr, NISSENBAUM. He told me he had no other leases.
I suggested a one-year lease at $90, and he said
that was unacceptable.l
I told him if it was unacceptable, I would have to
start the action in the District Court for the District
of Massachusetts.
He left. He left at 10.35 that morning.
Ten minutes later, at 10.US, he came back and said
he would like to rent it — he would like to compromise
at six months for $120.
I suggested that I would telephone Mr. and Mrs,
- / < *
Knight and see if that was acceptable to them.
I tried to make a telephone call but ray telephone
was out of order, so Mr. and Mrs. Knight got in ray
car and drove up Broadway to the Star Market, which
is a distance of about ten blocks.
The COURT. Mr. and Mrs. Knight?
Mr. NISSENBAUM. No, sorry, Mr. Auciello and I got
in my car and went up to the Star Market where I made
a telephone call from the telephone booth.
The line was still out of order, so I drove Mr.
Auciello back to my office.
On the way back in the car, Mr. Auciello said to
me that he felt — he said to me, and I will quote him,
"I think the other tenants will move out if a Negro
moves in. I am concerned they won’t be good tenants."
"Concerned" I believe is my word, not his.
I asked him why they wouldn't be good tenants.
He said he was afraid they would have lots of
friends over making a lot of noises on banjos and throw
watermelons in the back yard.
I let him out of my car halfway to ray office.
At 1.30 I called Mr. and Mrs. Knight, and as a
result of that conversation I called Mr. Auciello and
told him that the six-month lease for $120 was un
acceptable.
On August 7, 1969, I telephoned Mrs. Rossi and
told her that later, at 2.0C o ’clock that afternoon,
I would come to the Federal District Court for Massa
chusetts to request a restraining order, and told her
the substance of the complaint.
At 12.00 o'clock, Mr. Auciello came to my office
and I told him I would appear at 2.00 o'clock, and he
told me he knew he was wrong but because they were
black he was not going to let them in the apartment.
Before Judge Garrity —
ihe COURT. I know he issued a restraining order.
Mr. NI5SENBAUM. Mr. Auciello said, "I know I
discriminated. I'm wrong, but what can I do?"
On September 16th, Mr. Auciello telephoned ray
office and told ne he had received the summonses served
on him and wanted to know when we could go to court to
settle the natter.
He again told me at that time, "I know I'm wrong."
And I told him that I could have no conversation
with him anc that he should get a lawyer.
I have with me, your donor, an affidavit of legal
services which is my sworn statement as to my time spent
in this matter, and cash disbursements amounting to
$69.58.
I respectfully submit this affidavit as a guideline
for h i s Honor, should the plaintiff prevail.
The CCUR7. Q u e s t i o n s ? Cross-examination?
Mr. MARCIELLO. Y e s .
Cross-Examination by Mr. Marciello
I u n d e r s t a n d t h a t a t one point in September you finally
t o l d Mr. A u c i e l l o you a r e not going to talk t o him but
he should go g e t a l a w y e r ? Who?
On S e p t e m b e r 1 6 t h Mr. Auciello telephoned me —
P l e a s e a n s w e r the question. Did you tell him sometime
in S e p t e m b e r , " I ' m not g o i n g to talk to you. Get a
l a w y e r " ? Y es or No?
The answ er i s Y e s .
And you d i d n ' t t e l l him t h a t when you first started
t a l k i n g t o him back i n August, did you?
Y e s , I d i d .
You t o l d h i m , " I ' m n o t g o i n g to talk to you. Get a
l a w y e r " ?
Y e s . S a t u r d a y , A u g u st 2 n d , when he came to my office,
a t t h e end o f t h e c o n v e r s a t i o n I s u g g e s t e d t h e n that he
f i n d h i m s e l f an a t t o r n e y .
And when d i d you - -
20 m i n u t e s l a t e r - -
When did you t a l k t o me?
Ten m i n u t e s l a t e r .
2-97
A
9
A
9
A
9
A
Q
9
A
9
When did you talk to me?
The first time —
The first time?
- I spoke to you was August 1st, 10.15
But after you talked to me, did you tak. it» vjxu you take it upon your-
self to continue talking to Auci.llo? Y.. or No?
Our conversation _
Yes or No,
What is the question again?
After you talked to me on August 1st, you took it upon
yourself to continue having conversation, after that
date with Auciello, didn't you?
Yes,
Without my knowledge?
Yes.
And finally „hen you got down in September, after he
old you about throwing watermelons out windows, that
is when you told him, -I'm not going to talk to you.
You need a lawyer"?
Correct,
Bid you ask Hr. Auci.llo, while he on th. ,t„ d|
shout playing banjos and throwing wat.ns.lon. i„ the
yard?
No.
As a matter of fact, you pushed it pretty hard with Mr.
L
Auciello, how you went out to make a talaphona call
at the Star Market, though, didn't you?
Correct.
Now you are telling his Honor that the phone at the
Star Market didn't even work?
Correct.
On this telephone call you tried to get in through the
back door in direct examination, it really wasn't a
telephone call, was it?
Which call do you refer to?
At the Star Market?
Correct.
It was out of order?
Correct.
Didn't you leave the impression with the Court when you
were questioning Mr. Auciello about the phone call, you
made a call at the Star Market?
That is why I took the stand.
Did you press Mr. Auciello about the phone call at the
Star Market? Yes or No?
Yes, I did.
And there was no call, was there?
There was no connection made.
It is just coincidence on that day your office phone
and the Star Market, which is at least 9 or 10 or 11
blocks away, both phones were out of order; isn't that
right?
A If my Brother will check --
Q Yes or No?
A That is correct,
Q There is no question Mr, Auciello did talk about a year
lease?
A No question,
0 And when Mr, Auciello took the stand a few minutes ago
and mentioned a year lease, then you became upset because
he was lying; isn't that right? Isn't that right?
A The —
Q Strike the question.
Was it after Auciello talked about a year lease
that you said, "Remember you're under oath"?
A Yes,
Q But it is a fact you had a conversation about a year
lease ?
A That's correct,
Q Now let's get down to the connected bits and I will be
done.
Isn't it a fact that before any complaint was drawn
and before any suit was started, when I finally got into
the case as definitely representing Auciello, I called
you, didn't I?
What date?
I don't know. Before suit was started.
You called me twice, once at 10.15 August 1st and a
second time —
The COURT. Was that before suit was brought?
The WITNESS. Twice before suit was brought.
And on the second occasion I think I told you I am now
representing Auciello and am prepared to negotiate these
premises; didn't I tell you that? You don't have to
look at notes. You know that.
No, I don't know that.
Didn't I tell you I am ready to negotiate this apartment?
What date?
I don't know. I don't keep extensive records like you.
Perhaps you should.
Well, I don't, I rely on my memory. You have got the
notes. If I am wrong, correct me. Did I call you? Yes
or No,
You called me, yes.
Did I call you to negotiate the terms of this apartment?
Once.
Was it before or after suit?
Prior to suit.
And did I tell you, yes or no, that Auciello, on my
command, will rent that apartment unquestionably; yes
4.
o r no?
A At 120.
Q Did he? Yes or no.
A Please don't get a heart attack.
The COURT. He is entitled to modify his actions.
A For six months, and the rest of the terms were —
Mr. MARCIELLO. Your Honor, he can testify.
Can I ask him the questions, and he can testify again,
if he likes?
Mr. NISSENBAUM. Go ahead; sorry.
Before suit, did I call you and tell you I am now
definitely representing Auciello and I am prepared to
negotiate the renting of that apartment? Yes or no?
We will talk about the terms in a minute. Did I say
that? Yes or no.
£ If you will wait a minute —
0 Yes or no?
A I am trying to find out, Counsel _
Mr, MAFCIELLO, Oh, your Honor please.
A — if it was before or after suit.
Q Do you remember or don’t you?
A I remember you called, but not the exact date. If you
will just be patient.
All right, we will give you all the time you want.
A Thank you.
) ,j> t "
Q See how Rood my memory is.
The COURT, What is the question now?
The question is, prior to suit —
A Yes.
The question is, did I call him and tell him I now
definitely represent Auciello and I am prepared to
negotiate that apartment.
A yes.
Didn’t we talk about the $120 business for the five
rooms ?
A Yes.
Did you start negotiating with me as to a lower amount?
A Yes.
And didn’t I come down to $110, and I said I am doing
it without even nv client's say-so?
A Mo, vou did not.
What finure did I come down to?
A You did not cone down.
•S
- didn't come down? I didn't come down?
A Mo.
What price did I say the apartment was available for?
A $120.
Q I did? All right. Did I also tell you Mrs. Knight
had agreed to take it for $120?
/ I b e l i e v e I t o l d y o u .
That was definite; right?
Right.
What did you say to me?
I told you of subsequent events.
I am talking about the renting, when Mrs. Knight said
she will take it.
I told you after she said she will take it, Mrs. Auciello
jumped up and said she wasn't going to let Mrs, Knight
have it, that she wanted the apartment.
You know the answer I am looking for, and I will ask
you the direct question. Didn't you say to me _ and,
by the way, we grew up together?
We certainly did, and I can't understand your actions
today as a result of this.
VJasn't it then that you turned and said, "Now, Mr.
Marciello"?
Fight.
And I turned and said, "The name is Frank, Jerry"?
The COURT. No, no.
Isn't it a fact you turned and said, "Mr. Marciello,
I'm going to sue your client unless you give me the
rooms for $90, and I'm not going to talk about prices,
I'm going to get them in there for 90, and if you don't
like it, I'll sue him"?
I said that.
The COURT. And he did.
Mr. MARCIELLO. Yes.
Q Didn't I say the apartment was available?
A At 1 2 0 on a six-month lease.
Q We are talking about discrimination now.
The COURT. Please answer the questions. This is
t h e great United States Court. I don't like this raucous
ness.
Mr. MARCIELLO. I'm sorry, your Honor, purely
unintentional. Sorry, I just got carried away.
The COURT. Don't get excited; we don't get anywhere
Mr. MARCIELLO. Sorry.
9 But there is no question in your mind that prior to any
complaint being discussed, you people were at liberty to
move into that apartment, just a question of terms; isn't
that right?
A Yes.
9 As a matter of fact, it was after that conversation I
told you I definitely represented Auciello, it was
shortly after that that you went and got a restraining
order; isn't that a fact?
A Correct.
Q And i t i s a l s o a fact that vou never called me and told
me about the hearing on a restraining order?
A Incorrect.
9 When did you talk to me?
- o ,
: c a l l e d your o f f i c e a rc t o l d vou t h e morning o f t h e
r e s t r a i n i n g o r d e r , o r l e f t a m essa g e t h a t a t 2 , 0 0 o ’ c l o c k
t h a t a f t e r n o o n I would a p p l y t o th e D i s t r i c t Court f o r
a r e s t r a i n i n g o r d e r .
Did you a l s o c a l l t h e D i s t r i c t A t t o r n e y ’ s o f f i c e in
M i d d l e s e x County '1
T d o n ’ t r e c a l l so d o i n g .
Look at vour e x t e n s i v e n o t e s .
I t i s not in nv n o t e s and I t h e r e f o r e c a n n o t say I d i d .
But y o u r n o t e s have e v e r y o t h e r phone c a l l ?
Y e s .
? s i t f a i r t c assume vcu d i d not make t h e c a l l ?
I t would be f a i r t o assum e.
I s n ’ t i t a t a c t you know, u n q u e s t i o n a b l y , t h a t I was
A s s i s t a n t D i s t r i c t A t t o r n e y in M i d d l e s e x County a t t h a t
t i r e ?
You were on v a c a t i o n at t h a t t i n e . You t o l d me s o .
v c - are aware t h a t the c l e r k ■—
The COUPT. I ’ m not i n t e r e s t e d i n t h a t .
In anv e v e n t , you d i d n ' t t a l k t o me p e r s o n a l l y and t e l l
me about t h e t h i n g , d i d you?
' h , I d i d n o t .
pe r a r d l e s s o f t h a t n o r n i n g , you d i d n ' t c a l l me and t e l l
me tomorrow o r th e next day o r w h a t e v e r , d i d y o u ’’
As a m a t t e r o f f a c t , i t was a f t e r you s a i d , MMr.
M a r c i e l l o , I 'm g e t t i n g t h a t a p a r t m e n t f o r 90 and i f
you d o n ' t l i k e i t I ' m g o i n g t o s u e , " i t was i m m e d i a t e l y
a f t e r t h a t t h a t you b r o u g h t t h e r e s t r a i n i n g o r d e r ?
I t was t h r e e d a y s l a t e r .
W i t h o u t a c a l l t o mej r i g h t ?
Wrong.
The COURT, He s a y s - -
Mr. MARCIELLO. I t h i n k I have n o t h i n g f u r t h e r ,
y o u r H o no r .
Mr, NI5SENBAUM. To r e s t a t e , y o u r Honor ——
The COURT, I f you want t o s a y s o m e t h i n g e l s e - -
what do you want to s a y ?
I w i l l h e a r you i n argument i f you want t o a r g u e
l a t e r .
R e d i r e c t E x a m i n a t i o n by Mr. N issenb aum
Mr, NISSENBAUM, I wanted t o c o r r e c t some t e s t i m o n y ,
y o u r H o n o r , i f I may, v e r y q u i c k l y .
On A u g u st 1 s t a t 1 0 . 1 5 when A t t o r n e y M a r c i e l l o
c a l l e d me , h i s words were t h a t b e f o r e g e t t i n g i n v o l v e d
he would have t o have a r e t a i n e r f e e from h i s c l i e n t
a s t h i s l o o k e d l i k e i t would be a c o u r t c a s e , and t h a t
he would n o t r e p r e s e n t Mr. A u c i e l l o u n t i l t h e r e t a i n e r
was in hand.
The CwUFT. That is his right, I suppose,
Mr, NISSENBAUM, Yes, without question.
The COURT. That doesn't add anything to the case,
Mr. NISSENBAUM. On August 4th, I had a second
conversation with Attorney Marciello at 4.45 in the
afternoon.
At that point I demanded that the apartment be
given to Mr. and Mrs. Knight at $90 without a lease,
and Attorney Marciello told me at that time that there
were several terms that would have to be given in a
lease.
One, $120 for the five rooms; a six-month lease,
which lease would automatically terminate at the end
of six months, and Mr. and Mrs. Knight would waive,
in that lease, notice of any 30 or 14-day notice to
vacate.
In addition, the Knights could not use the parking
area to the back of the building, and those were the
terms of the lease that were offered.
And that concludes my testimony.
Recros3-Examination by Mr. Marciello
Just one quick question. Wasn't it after that that I
t a l k e d t o vou and t o l d you I t a l k e d t o my c l i e n t ,
we d o n ' t want any p r o b l e m , my c l i e n t i s s c a r e d o u t
c f h i s b o o t s and he w i l l r e n t t h e a p a r t m e n t . L e t ' s
t a l k a b o u t t h e p r i c e , and t h e f i g u r e o f $ 1 10 was
m e n t i o n e d ?
A On A u g u s t 4 t h —
Q Y es o r flo?
A N o , on A u g u st 4 t h - -
0 You d o n ' t have i t in y o u r n o t e s ?
A A u g u s t 4 t h - - a f t e r A u g u s t 4 t h .
9 You d i d n ' t t a l k a b o u t a n o t h e r c o n v e r s a t i o n r e g a r d i n g
1 1 0 , you d o n ' t have t h a t i n y o u r n o t e s ?
A No.
Q You d i d n ' t have t h a t o t h e r c a l l i n y o u r n o t e s , e i t h e r ,
did you?
A On A ugust 4 t h —
Mr. MARCIELLO. I have no f u r t h e r q u e s t i o n s .
Mr. NISSENBAUM. W it h r e f e r e n c e s t o t h e phones
%
b e i n g o u t t h a t m o r n i n g , y o u r H o n o r , i f y o u r Honor
w i s h e s I can b r i n g in t h e c h a r t s , t h e W e a t h e r Bureau
c h a r t s . Phones in S o m e r v i l l e were o u t o f o r d e r - -
The COUPT. Any f u r t h e r t e s t i m o n y in t h i s c a s e ?
Mr. MARCIELLO. I have n o t h i n g , y o u r H onor .
Mr. NISSENBAUM. I have no o t h e r t e s t i m o n y , y o u r
5
H o no r ,
• - 4 WJ
The COURT. You haven’t any ta.ti.ony, „r. Couns.l?
Mr> ’," CI“LL°- '"-r lonor. it appear, ail ,h.
’''V* called. 1 think
the Court has the evidence.
The COUPT. Let's <,.+ as get a program.
(Conference at the bench.)
(Adjournment.)
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