Dillard v. Crenshaw Hardback 11 Index

    TRANSCRIPT OF RECORD

UNITED STATES
COURT of APPEALS

F I F T H  C I R C U I T  

No.

W. G. Anderson, et al 

v.

The City of Albany, Georgia, et al.

Volume V

Appellants

Appellees

C. B. King
221 South Jackson Street 
Albany, Georgia

Donald L. Hollowell 
Cannolene Building (Annex) 
859-1/2 Hunter Street 
Atlanta, Georgia

Jack Greenberg 
Constance Baker Motley 
Norman Amaker 
10 Columbus Circle 
New York 19, N. Y.

Attorneys for Appellants

H. G. Rawls, Esq.
P. O. Box 1496 
Albany, Georgia

Eugene Cook, Esq.
Judicial Building 
40 Capitol Square 
Atlanta, Georgia

E. Freeman Leverett, Esq. 
Elberton, Georgia

Attorneys for Appellees

Appeal from the United States District 
Court for the Middle District of 

Georgia, Albany Division



I N D E X
(Volume V)

Page

HEARING ON MOTION FOR PRELIMINARY
INJUNCTION, NOS. 730, 731 ----------------------------  IB

Consolidation of Cases --------------------------  IB

Defendants' Motion to Dismiss-- -----------------  13B

Correspondence: Court and Counsel --------------  14b

Rulings on Motions -------------- ----•------------  22B

Testimony of Mayor Asa D. Kelley, Jr.
(Adverse Examination)

Direct Examination--------      24b
Cross Examination--------------------------  60B
Redirect Examination-----------      80B
Recross Examination-------------- ----------  92B
Redirect Examination ----------------------- 93B
Recross Examination------------------------- 943

Testimony of Mr. Ollie Luton

Direct Examination -------------------------- 96B
Cross Examination-------------------------   101B
Redirect Examination-- ---------    101B

Testimony of Dr. W. G. Anderson
(Recalled)

Direct Examination ---- --------------------- 102B
Cross Examination--------------------------- 112B
Redirect Examination ------------ -— --------  143B
Recross Examination ------------------------ 151B

Testimony of Miss Ola Mae Quarterman

Direct Examination--------- ----------------  155B
Cross Examination-------------------------- 159B

Testimony of Miss Patricia Ann Gaines

Direct Examination I63B



(Volume V - continued)
Page

Testimony of Mr. Charles Jones

Direct Examination -------------------------  167B
Cross Examination -------------------------- I69B

Testimony of Miss Osie LeVernette Wilson

Direct Examination -------------------------  I78B
Cross Examination--------------------------  I83B

Testimony of Dr. W. G, Anderson
Recross Examination ------------------------- 186b

Plaintiffs' Exhibits Introduced------------- ----  1883

Future Setting of Hearing----------- -------------  I96B

NOTICE OF DISMISSAL -----------------------------------  I98B-A



Hearing on Motion For Preliminary Injunction, Nos.730,731 IB

ALBANY, GEORGIA
2:00 P.M ., AUGUST 30, 1962

THE COURT: I call for hearing at this

time Civil Action No. 730 and Civil Action No.
7 3 1, which will be heard jointly, concurrently.
Will counsel who represent Plaintiffs in these
two cases identify themselves for the record at

this time?
* * * * * * * *

(Introduction of Counsel)

Mr. Rawls:

Your Honor, in connection with the consoli­

dation of the cases for the purpose of trial, 

counsel for the Defendant would like to suggest 
that all three of the cases be consolidated 
together, inasmuch as our complaint in 727 is 
identical to our cross-action in #7 3 1; and we 
think it would be entirely consistent, since 
Your Honor has already indicated that you 

intend to consolidate 730 and 7 3 1, to also 
consolidate them with #727.

I believe that would be in keeping also 
with the motion which was filed by counsel for 

the Plaintiffs in these other two cases during 
the progress of the trial of #727- A written 
motion was filed to consolidate all three cases. 

I think that motion was verbally withdrawn but, 
after all, it Is the original motion which was



Hearing on Motion For Preliminary Injunction, Nos.730, 731 2b

filed in this case. And as I stated, our 

position in our cross-action in #731 is identical 

and almost verbatim the same thing setup by way 

of cause of action by the Plaintiffs In #727; 

and the judgment in #731 could completely elimi­
nate whatever questions might be presented in

#727.
MRS. MOTLEY: May it please the Court, I 

would like to have the record clarified with 
respect to our objection to the consolidation 

of 730 and 731 which are now before the Court. 
Your Honor may recall that Mr. King, Attorney 
for the Plaintiffs, corresponded with Your Honor 
prior to this hearing, Indicating our desire 
to have 730 heard separately on our motion for 
preliminary Injunction.

Now, we feel that the consolidation of 

730 with 731 prejudices our right to a prompt 
hearing and determination of our motion in 730. 

As Your Honor knows, we filed 730 on July 25 of 

this year5; and when we filed the complaint, we 
filed with It a motion for preliminary injunc­

tion. It Is our understanding that when such a 
motion is filed we are entitled to as prompt a 

hearing as the Court can give in that case.
We feel that the facts In that case are 

not really In dispute. Your Honor may recall 
that on the trial of 72-7, the Mayor testified



Hearing on Motion For Preliminary Injunction* Nos.730*751

that he had received the petition from the Albany 
Movement* requesting desegregation of the public 
facilities listed therein; that no action had 
been taken by the City* and he suggested to the 

petitioners that they go to the Federal Court.
So that, there is no dispute as to the 

facts in 730. Moreover* the law with respect 

to public facilities* as Your Honor knows*is 
well settled by many decisions of the United 

States Supreme Court and the Court of Appeals 

for the Fifth Circuit. So, there's no doubt as 
to the law applicable to those undisputed facts.

Now* when you have a case where the facts 

are not In dispute and the law is settled* there 
is no discretion to deny a preliminary injunction; 

and to consolidate that case with #7 3 1* or at 
this point with #727* would obviously prejudice 
the rights of these Plaintiffs to a preliminary 

injunction In that case. And for that reason we 
do not think that this Is a proper case for proper 
exercise of this Court's discretion under Rule 42 
about consolidating cases* as it will clearly 
prejudice our right to preliminary Injunction 
with respect to public facilities* which we seek 

to have desegregated in #730. And so* with respect 
to that* we would like for the record to show 

that we request this Court to separately hear 
and determine our motion for preliminary Injunc­
tion in #730.



Hearing on Motion For Preliminary Injunction, Nos.730*731
4b

THE COURT: Well, as I indicated in my
correspondence with counsel at the time that I 
set these matters down for hearing at this time, 

it is the Court's view that the two actions,

730 and 73 1, spring out of the same set of 
circumstances and the same overall situation, 
and in large degree even involve the same parties, 

though, of course, not Identical in all respects.

I "believe there is one Plaintiff In one case 
who is not a plaintiff in another case; but 
other than that, the cases spring out of the 
same general set of circumstances and involve 

the same general situation; and In a good many 
instances Involve the same sort of evidence and 

the same sort of presentation.
Acting under the authority vested in the 

Court under Rule 42, It was my thought and it 
is still my thought that bo expedite and save 
costs and save time, which is the purpose of the 
Rule, it is appropriate that 730 and 731 be 
consolidated for the purpose of trial, for the 

purpose of hearing, and save us all a lot of 

time; and I don't believe, if it delays at all, 
that it will very greatly delay a decision in 
any of the cases. But that is the Court's view 

and that's what we will do.
Now also, the Court does recall at one 

stage of the proceedings In Civil Action 727,



Hearing on Motion For Preliminary Injunction, Nos.730,731

Counsel for the Defendants In that case, who are 

counsel for the Plaintiffs In this case, suggest­

ed that 727 be consolidated with 730 and 7 3 1; 
and we were on the verge of doing that when 

counsel withdrew the request orally. I believe 

the statement was that she did not want to insist 

upon it. At any rate, we did not do that at that 

time. But the Court made the observation at that 

time that we might later feel that it would be 

wise to consolidate all three for the purpose of 
hearing to accomplish the general purposes 

envisioned by the adoption of Rule 42.

I had wondered whether either side might 

suggest today that, since we have taken a lot of 

testimony in 727 and the case is not yet decided 
by the Court, I had wondered whether counsel for 

either side might at this time suggest that, 
for purpose of further hearing, that case be 

consolidated with 730 and 731.. In order to avoid 
the necessity of the introduction of a great deal 
of evidence in these cases which has already been 

covered In 727.j because by doing that, the record 
in #727 could be used as the record In these 
cases also.

I had decided In my own mind that If nobody 
suggested it, I was going to raise the question 

myself. Now that it has been suggested by 

counsel for the Defendants in these cases and



6b
Hearing on Motion For Preliminary Injunction, Nos.730,731 

since I have announced my intention to consoli­

date 730 and 731 for the purpose of hearing, I 

wonder If counsel for the Plaintiffs in 730 and 

731 might now concur in the suggestion that 727 

be consolidated, in order that all of the evi­

dence introduced there might come into consider­

ation In these two cases?
MRS. MOTLEY: In reply to that, sir, I 

would like first to clarify the record as to 

what we sought by way of consolidation in 7 2 7.

At that time you may recall that we had filed a 

motion to consolidate but I amended the motion 

In effect by saying that what we sought was 

consolidation of our motion for preliminary 
injunction in 730 and 731 with the hearing that 

was then going on. Again, the purpose of that 

was to protect our rights to an early hearing 
and determination of those motions.

But the Court was of the .view that these 

cases or those cases should have been consoli­

dated with 727 for the purpose of trial, which 

would have necessitated a delay until the 

Defendants had answered in 730 and 731. It 
was at that time that I said that we did not 

desire a consolidation of these cases for the 
purpose of trial, that we desired it for the 

purpose of motion for preliminary injunction 
in 730 and 731} and the Court ruled that that 

would not be consolidated for the purpose of



7B
Hearing on Motion For Preliminary Injunction, Nos.730,731

hearing the motion for preliminary injunction 

in 730 and 731. That's the way I understood the 

Court to rule; that you were overruling our 

request for a consolidation of the motions for 

preliminary injunction in 730 and 731 and insist­

ing upon consolidation of the three cases for trial.

Now, with respect to testimony which has 

already been adduced as to 727, I think that that 
testimony is only relevant to our case 731, in 

which we seek to enjoin interference with peace­

ful picketing. We object to the placing of 

that testimony In 730, because 730 is a very 

simple action for desegregation of public 

facilities and it's quite aside from the right 

to picket and to demonstrate against segregation, 

which are separate rights flowing from the First 
Amendment to the Constitution and protecting 

against state interference by the due process 
clause of the l4th Amendment.

But the case involving the public facilities 
is a simple case involving the equal protection 

clause of the l4th Amendment. There Is no doubt 

as to the law in that area but there certainly 
is considerable doubt as to what is peaceful 
picketing and what is a demonstration protected 

by the First Amendment to the Constitution and 

the l4th Amendment to the Constitution.



8b
Hearing on Motion For Preliminary Injunction, Nos.730,731

So that, we object to the placing of the 

testimony in 727 in 730 because it would becloud 

a simple and clear Issue on which this Court can 
promptly rule.

THE COURT: Well, at the time the Court
makes a decision in the case the Court will make 

every effort to avoid being influenced in the 

decision of any one of those cases by any evidence 
which is In the record which is not pertinent to 
that case, and the Court will make every effort 

to do that. But I do think that it would greatly 

expedite this proceeding and will probably result 
in an earlier decision of all of the matters 

if the record In 727 is consolidated with 730 

for the purpose of hearing, if the record in 

that case, all evidence Introduced In that case, 

could be considered as having been introduced in 

these cases, and such parts as may not be per­

tinent to consideration of one case or the other, 

the Court will attempt to exclude that from its 
consideration at the time.

MR. HOLLOWELL: Your Honor, may we have
just a second?

THE COURT: Yes...........

MRS, MOTLEY: What we would like to do at
this point is move for a continuance of the 

hearing in #731 and proceed now with the hearing 

on our motion for preliminary injunction In 730



9B
Hearing on Motion For Preliminary Injunction, Nos.730,731

for the same reasons which we gave before, because 

we think that 730 is a simple case involving the 

equal protection clause of the l4th Amendment, 

in which there is no dispute as to the facts 

and the law is well settled and we are entitled 

to a preliminary injunction in it.

THE COURT: All right, I overrule the

motion and we will proceed with the hearing of 
the three cases 727, 730 and 731 being consoli­

dated for the purpose of hearing, but not con­
solidated for the purpose of decision. By that 

I mean to make it clear that the Court may, 

after the conclusion of the hearing, decide one 

case at one time, another at another time and 

another at another time or may decide all three 
at one time.

But for the purpose of hearing the cases 
are consolidated.

Now, I notice in Civil Action No. 730 —

MR. HOLLOWELL: Pardon me, if I might Your
Honor: Counsel Is not clear, at least I am not, 

as to the distinction which the Court might be 

making in the use of terms when the Court says 
"hearing"? Is the Court referring to the hear­

ing on the motions for preliminary injunction?

In 731 an answer has been filed; In 730, no 
answer has been filed. We presume that the 
hearing would be on the motions for preliminary



Hearing on Motion For Preliminary Injunction, Nos,730.,731
10B

injunction but I am not clear in my own mind as 

to what the ultimate decision of the Court has 

been in connection with this matter?

THE COURT: I shall try to make it clear:

There is a motion for preliminary injunction 

in Civil Action 730. There is a motion for 

preliminary Injunction In Civil Action 731.
There is a question of preliminary injunction 

remaining undecided,, the record still being open., 

in Civil Action No. 727. So., we will now proceed 
with the hearing with regard to the motions for 

preliminary injunction in all three cases.

MR, RAWLS: Now, if Your Honor pleases,
I think under the rules a motion that we have 

filed in 730, or motions rather, being a motion 

to dismiss and a motion for more specific and 

definite allegations, would take precedence over 
any other motion.

THE COURT: Yes, I was coming to that next
as soon as we got the question about procedure 
out of the way.

MRS. MOTLEY: May it please the Court, I am
sorry to have to be up again, but we do have 

another motion we would like to make with 

respect to these cases. We would like to move 

the Court for an order dismissing #731 pursuant 
to the provisions of Rule 4l.



113
Hearing on Motion For Preliminary Injunction, Nos,730,731

THE COURT: Well, that is the case, I

believe, 731 in which the Defendants have filed 

a cross-action, is it not?

MR. RAWLS: Yes, Your Honor.

MRS. MOTLEY: That's right.

MR. RAWLS: Of course, we object to the

granting of the motion of Plaintiffs In that 

case to dismiss, on the ground that our cross­

action might go out with that dismissal; and 

we don't think they have a right to dismiss it 
and prejudice our rights.

THE COURT; In other words, the Defendants
object to the dismissal of that action?

MR. RAWLS: Yes sir.

MRS. MOTLEY: Well, we think, as Your Honor

has already pointed out, that crossaction has 

really been tried before this Court, the cross­

action in 731 has been substantially tried here, 
and I can’t think of any further testimony that 

we could put on. The only thing we were .going 

to do with respect to 731 was to put In the 
record those arrests that were made for what we 

considered peaceful picketing and peaceful 

attempt to use the library and so forth. That 
is a matter of record here in the Recorder's 

Court or ’whatever the Court is, and this Court 

has heard the evidence in that case and I think 
to try that case would certainly be a 'waste of



Hearing on Motion For Preliminary Injunction, Nos.730,731
1.2B

this Court's time and expense, because there Is 

no further evidence for either side to be put 

in on this question.
THE COURT: Of course, what the parties

might offer in evidence is something that the 
Court cannot know and, since the Defendants, 

who have filed a crossaction, are objecting 

to the dismissal of the case, of course, the 

Court overrules the motion to dismiss.

Now, in Civil Action 730* the Court notes 
that the Defendants in that case have filed 

certain motions and It would be appropriate at 

this time to take up and dispose of those motions 

before we go further.

MR, RAWLS: Now, If Your Honor please,
these motions invoke rather technical legal 

points and I have asked my two young associates 

with Your Honor1s indulgence to go into as much 

detail as the Court will permit in presenting 
our legal theories on the motions.

MRS, MOTLEY: In order to save time, Your

Honor, I would like to say this: We are willing 

to give them a more definite statement, every­

thing they have asked for we are willing to give 
them; so, they don't have to argue that.

MR. RAWLS: If Your Honor please, we
prefer to conduct our side of the case according 
to our own views. I will ask Mr. Burt to submit



Hearing on Motion For Preliminary Injunction,, Nos.730, 731

our presentation.
It has been called to my attention, if 

Your Honor pleases, that the Plaintiffs are in 

default as to our crossaction in 731 and we 
move the Court to enter a default judgment in 

that case. The rules gave them twenty (20) days 
I believe to file an answer to our crossaction 

and none has been filed; and we have presented 

and filed with the Clerk the affidavit required 

under the Rules and we ask the Court to direct 

the Clerk to mark that case in default.
MR. LEYERETT: May it please the Court, 

the case has already been marked in default 
pursuant to the rules and we are asking at this 

time for a judgment on our crossaction in 731* 

for the purpose of the record.
THE COURT: All right, go ahead. I will

rule later on that motion.
MR. BURT: May It please the Court,

in #730 the Defendants have filed a motion to 
dismiss and I would like to present this motion 

at this time.
* * *

(Argument on defendants' motion to dismiss)
All right, now, Is there any further argument 

in connection with the motion from the Defendants, 

in connection with support of your motion?



i4b
Hearing on Motion For Preliminary Injunction* Nos.730*731

MR. BURT: No sir* that completes our motion*

Your Honor please.
THE COURT: All right* I will hear from

counsel for Plaintiffs.

MRS. MOTLEY: May it please the Court* I don’t 
know whether the argument is part of the record in this 

case but before I proceed to answer the motion to djsirdss 

here* I want the record to show that the Defendants in 

730 were permitted to argue for more than two hours on 

a motion to dismiss.
* * *

(Further argument on motion to dismiss)

THE COURT: Allright* I'll let you have my
views on your motion when we reconvene in the morning 

for further proceedings. We will take a recess now until 

tomorrow morning at 9 3̂0.

5:05 P. M.* AUGUST 30, 1962: HEARING RECESSED 

9:30 A.M .* AUGUST 31, 1962:
MR. RAWLS: Your Honor pleases* at the close

of the session yesterday afternoon* counsel for the 

Plaintiffs took occasion to state into the record the 

length of time which was consumed by my associate* Mr. 

Burt* in reading what vie regarded as applicable prin­

ciples of law In connection with our motion to dismiss 
and for a more definite statement.

In the 45 years that I have been at the Bar 
that’s the first time a situation like that has developed 

and I don't know the connotation; I don’t know why



Hearing on Motion For Preliminary Injunction, Nos.730^731
15B

that had to be stated into the record. But since it 
has been stated, I desire to state a matter into the 
record.

On August l4, 1962, Attorney C. B. King addressed 
a letter to Your Honor, a copy of which was sent to 

Attorney Motley and Attorney Hollowell, which I desire 
to read into the record:

"Honorable J. Robert Elliott, United States District 

Judge For the Middle District of Georgia, Columbus, 

Georgia: Re: Civil Action No. 730, Temporary Injunction 

sought for desegregation of public facilities in the 
City of Albany. Dear Judge Elliott:

"Your attention is called to the above subject case 
now pending in the Albany Division.

"Though I recognize that your Court schedule is 
perhaps congested, I am yet interested at this time, if 

at all possible, In a determination by the Court of 

the earliest possible time at which a hearing on said 
case might be had. My principal concern, in this 

matter, addresses itself to the facilities case, No.
730, and not to Civil Action No. 7 3 1.

"Please advise this office of the earliest possible 
date on which the Court will be able to hear said 
matter.

"With every good wish, I am, Very truly yours,

C. B. King", copies to Mr. G. H. Rawls, Attorney at 
law; copy to Mrs. Constance Baker Motley, Attorney at 
Law; and copy to Mr. Donald L. Hollowell, Attorney at 
law."



Hearing on Motion For Preliminary Injunction, Nos.730,731
i6b

In response to that letter, on August 17* Your 

Honor addressed this letter to all counsel of record, 

addressed to all counsel of record: C. B. King, 221 

S. Jackson Street, Albany, Georgia; Mr. Donald L.

Ho Howell, 859 i Hunter St. N. W., Atlanta, Georgia.
Mr. Jack Greenberg, 10 Columbus Circle, New York,
N.Y.j Mrs. Constance Baker Motley, 10 Columbus Circle, 

Newr York, New York; Mr. William M. Kunstler, 156 Fifth 

Avenue, New York, N. Y.; Mr. Clarence B. Jones, 500 

Fifth Avenue, New York, N. Y., Mr. H. G. Rawls,

P. 0. Box 1496, Albany, Georgia; Mr. Eugene Cook,

Judicial Building, 40 Capitol Square, Atlanta, Ga.;
Mr. E. Freeman Leverett, Elberton, Georgia; Mr. Jesse 

W. Walters, Perry, Walters & Langstaff, Albany, Georgia;
:"Re: W. G. Anderson et al v. City of Albany"

MRS. MOTLEY: Excuse me, Mr. Rawls, excuse me,
Your Honor: In order to save time, we are agreeable 

that all of those letters go Into the record, Your Honor. 

We think they ought to be In there if that's what he 
desires, rather than reading them into the record.

We agree that they ought to be in there and we think 
they ought to be made a part of the record in this case.

THE COURT: Well, apparently he intends to
have some comment to make about them. You may go ahead, 
Mr. Rawls.

MR. RAWLS: "Mr. Jesse W. Walters, Perry,
Walters & Langstaff, Albany, Georgia. Re: W. G.

Anderson, et. al. v. City of Albany, et. al., Civil



i?B
Hearing on Motion For Preliminary Injunction, Nos.730,731

Action No. 730, Albany Division; W. G. Anderson, et. al. 

v. City of Albany, et. al., Civil Action No. 731*
Albany Division. Gentlemen:

"I now wish to inform counsel concerning the 
earliest time at which the above identified matters can 

be heard. Next week, that is the week of August 20, is 
out of the question because the court is otherwise 
obligated.

"For the first 3'k days of the week of August 27 we 

will be engaged in disposing of the criminal arraign­

ment calendar and holding pre-trial conferences in 

connection with the civil cases to be tried at the 

regular term for the Columbus Division of this court.

The last pre-trial conference Is set for 10:00 a. m. 
on Thursday, August 30. That matter will be concluded 
in time for me to be in Albany by 2:00 p. m. on that 

date, August 30, and it would be possible for us to 

begin the hearing on these matters at that time and 

we could devote the remainder of that day and all day 

Friday, August 3-1* to them.
"The regular term of the Columbus Division of 

this court convenes on Tuesday, September 4. Monday, 

September 3* is Labor Day. It is anticipated that the 
Columbus term of court will require three weeks. This 
means that If we were unable to complete the trial of 

these matters on August 30 and 31 as above mentioned, it 
would be necessary that we recess the hearing until 

sometime during the week of September 24 and resume it



i8b
Hearing on Motion For Preliminary Injunction* Nos.730,731

"at that time. The court will be in Albany the .first par 

of that week for the purpose of conducting pre-trial 
conferences in connection with civil cases to be tried 

at the regular Albany term of Court which convenes on 

Monday* October 1. These pre-trial conferences in 
Albany will probably not require more than 1 or l|- 

days* and that means that we would have about 3 -̂ or 

4 days available for the trial of these matters at that 

time and could doubtless conclude them before it became 
necessary for us to convene the regular term of the 

court at Albany on Monday of the following week.

"An answer has not yet been filed in Civil Action 

No. 730* but I anticipate that when an answer is filed 

it will be apparent that Civil Action No. 730 and Civil 

Action No. 731 should be consolidated and tried together 
and It is my intention that this shall be done. I men­

tion this now because this will certain affect the time 

required for the trial of the cases. Counsel for the 

parties in the respective cases know better than the 

court does how many witnesses will be used and how much 

evidence will be presented and you* therefore* probably 
have a better idea about the time which will be required 
to try these cases than does the court.

"What I suggest and request Is that counsel for 
Plaintiffs and Defendants confer among yourselves and 
decide whether you think It best to begin the trial of 

these matters at 2:00 P. m. on August 30 and go as far 
as we can with the hope of being able to conclude them*



Hearing on Motion for Preliminary Injunction* Nos.730*731

"or whether it would be better to take them up during 

the week of September 24* when we could conclude them 

with knowledge that it would not be necessaryto recess 

the hearing. I wish to make it clear that I have no 

objection to beginning the hearing on August 30* even 

though it does necessitate recessing it for completion 

on a later date. The court is willing to accommodate 
itself to the wishes of counsel insofar as possible, 
may be that some of counsel have conflicts which will 

make it impossible to consider any of the dates which 
I have suggested. If that develops* then I suppose 

the only thing we can do is put the matters down for 

hearing during the regular course of the term for the 

Albany Division which convenes on October 1* and that 

is normally what I would do In a situation of this type 

but I have In mind* as counsel for the parties doubtles 
have* that It is entirely possible that an earlier 

hearing on these matters might contribute something 

to calming the troubled waters which are known by all 
of us to exist. It is for this reason that I am sug­

gesting the earliest possible dates instead of waiting 
until the regular Albany term.

After counsel have conferred please let me hear 
from you at your earliest convenience."

Now* if Your Honor pleases* responsive to that 
letter* which Is dated August 17* on August 18* without 
conferring with me and* as far as I know* any other



2 OB
Hearing on Motion For Preliminary injunction, Nos.730,731

"attorney representing the other side of these cases, 

Attorney King wrote this letter:
"Honorable J. Robert Elliott, Judge, United States 

District Court, For the Middle District of Georgia, 
Columbus, Georgia. Re: W. G. Anderson, et. al. v. City 

of Albany, et. al., Civil Action No. 730, Albany Division 

W. G. Anderson, et. al. v. City of Albany, et. al.

Civil Action No. 731, Albany Division.
Dear Judge:

"Thank you for your letter of August 17, 1962. 

Responsive to same please know that counsel for plain­
tiffs acknowledge the obviously congested schedule 

under which Your Honor is presently burdened. However, 

out of our concern for fulfilling what we believe to be 
an appropriate demand of the public Interest, as well as 

the right of the plaintiffs to a speedy hearing and 

determination on their motion for a preliminary Injunction 

pursuant to Rule 65 of the Federal Rules of Civil Proced­

ure, we are respectfully Insisting upon a hearing and 
determination on the motion for a preliminary Injunction 
in Civil Action No. 730 dealing with the desegregation 
of public facilities, at 2:00 P.M. on August 30, 1962.

"As was previously indicated, counsel for 
plaintiffs would not, on the above date, be seeking 
a hearing on the motion for a preliminary Injunction 

In the picketing complaint, Civil Action No. 731, but 
would seek a hearing thereon at a.time subsequent."



21B
Hearing on Motion For Preliminary Injunction, Nos.730,731

"Now, if Your Honor pleases, that was stated 

after Your Honor had stated that you intended to 

consolidate the two cases ana that, as I say, without 

any consultation at all with other counsel, as far 

as I know, and I know not with me; and as far as I 

have been able to learn with any other counsel connected 
with the case or any other party connected with the 

case. And he concludes the letter like this:

"If the Court's thinking in this matter is at 

variance with that of counsel, we respectfully request 

to be Immediately advised in order that we may proceed 

to seek to secure the right of plaintiffs to a prompt 
hearing and determination on their motion for a pre­

liminary injunction in Civil Action No. 730, by applying 
to the Chief Judge of the District, or Chief Judge of 
the Circuit for the appointment of another Judge whose 

court calendar is less incumbered. Respectfully yours,

C. B. King, of counsel. Copy, Honorable Elbert P. Tuttle, 

Honorable W. A. Bootle, Mr. H. G. Rawls, Attorney at Law, 
Mr. Donald L. Hollowell, Attorney at Law, Mrs. Constance 
Baker Motley, Attorney at Law."

Now, If Your Honor pleases, that may or may not 
be an effort at intimidation. It sounds to me like it's 
an attempt to intimidate somebody and I hope he's not 
undertaking to intimidate this Court. I wanted the record 
to show that, in response to the remark that counsel 

made concerning the length of time that we consumed



22B
Hearing on Motion For Preliminary Injunction, Nos.730,731

without any interference in presenting what we regarded 
were the pertinent legal principles involved on our 
side of the case.

THE COURT: All right.

MR. KING: If Your Honor pleases, responding
to counsel, to the comments of counsel, opposing counsel,

I would first of all like to address myself to the Court 

and make It eminently clear that, notwithstanding the 
unsavory construction imposed upon his letter by 

opposing counsel, counsel had no intention of Intimidating 
or doing any other thing that might even import an 

inference of insulting the dignity of this Court.

THE COURT: Well, whatever -- I think nothing
further need be said along this line. Whatever the 

Intention might have been, the tone of the letter 
and the fact that copies were sent to the Chief Judge 

of the Fifth Circuit and the Chief Judge of this 
District, whatever the intention may have been, I can 
assure counsel for Plaintiffs and counsel for the 

Defendants that this Court is not Intimidated, nor can 
this Court be intimidated.

Now, at this time I want to comment on the motion 
which was heard on yesterday. At this time I sustain 
the Defendant's motion to strike the City of Albany 

as a party Defendant in Civil Action No. 730, and the 

City of Albany is eliminated as a party Defendant.

I am going to defer ray ruling on Defendants ’
motion for entry of judgment on their cross-action



Hearing on Motion For Preliminary Injunction, Nos.730^731
23B

in Civil Action No. 731 for later decision.

I am going to defer a ruling on Defendants' 

motion to strike Count Five of the complaint in Civil 

Action No. 730 for later decision.

I am also going to defer a ruling on Defendants’ 
motion to dismiss Civil Action No. 730 for later 
decision.

The reason I do that is because counsel for both 

Plaintiffs and Defendants cited and read from in some 

instances some cases with which the Court is not 

familiar to the extent of having read them. I would 

prefer to have the benefit of a complete reading of 

some of those cases myself, rather than relying just 

upon the excerpts that were read by counsel.

For that reason, desiring to give a more complete 
study than I have been able to do in the short time 

that I have had since the motions were filed, I want 

to defer a ruling on those motions, and I am deferring 
ruling on those motions until a later time.

Now, of course, at that point we might simply 

recess this matter until I made a ruling but I do not 
wish to do that. We will proceed with the hearing on 
these cases subject to my subsequent ruling on the 
motions to which I have referred.

Counsel for the Plaintiffs may now proceed.

MRS. MOTLEY: May it please the Court, yesterday
in my argument I overlooked the Defendants' motion for 

a default judgment. I had Intended to comment at that



Hearing on Motion For Preliminary Injunction, Nos.730,731 24b

time on it. I had intended to point out that the 

crossclaim in 731 is identical with the affirmative 

complaint in 727. We filed an answer in 727 after the 
crossclaim was filed and we, as you know, tried to 

consolidate those cases; and it was our Intention that 

the answer filed in 727 would be the answer to the 

cross-claim, as it was identical; and it would certainly 
burden the record to file two answers saying the same 

thing. So that, we would move the Court for leave to 

consider the answer filed In #727, if the Court con­
siders an answer to that crossclaim necessary, in that 

case. I don't think it's necessary, as I say, because 

we had filed an answer in the other case which was the 
same thing; and if the answer Is technically necessary, 
then, we would ask the Court to consider the answer 

in 727 as the answer to the cross-claim.
My first witness today is Mayor Kelley, Your 

Honor.

MAYOR ASA D, KELLEY, JR,
a party Defendant, called as 
adverse party by Plaintiffs, 
being first duly sworn, 

testified on

ADVERSE EXAMINATION 
BY MRS. MOTLEY:

Q Would you please state your full name for the 
record, sir?

A

Q
A

Asa D. Kelley, Jr.
Are you the Mayor of the City of Albany? 
I am the elected Mayor of Albany.



Hearing on Motion For Preliminary Injunction, Nos.730,731
25B

Q How long have you been the Mayor of the City of
Albany?

A Since January of i960.

0. Then, you were the Mayor of Albany in November, 
1961, were you not?

A I was.

Q Do you recall that in November, 1961, Dr.
Anderson, who is the President of the Albany Movement, 

presented you with a petition regarding desegregation of 
public facilities in the City of Albany?

A Dr. Anderson from time to time has presented 
several petitions. I do not recall the exact dates of any 

of them but I think it is a fair statement to say that during 
the month of November, of '6l a petition was presented.

Q Regarding public facilities in the City of Albany?

A Yes, as a matter of fact, my recollection is that 
the demand was for desegregation of all facilities, all 

public facilities; and it also Included the library, which 

is controlled by a board of trustees,* the hospital, which 
is controlled by a hospital authority; and they sought 
municipal employment in all areas with emphasis and priority 
on the police force and utilities. And in that connection 
I think at that time or shortly thereafter, applications 

were made by some 2 or 3 members of the Negro community - 
Chief Pritchett can give you the exact dates, I don't know - 
and none of these applicants have passed the examination.
As a matter of fact, the scores, I think, were less than 
35 or 40 for each one of them.



Hearing on Motion For Preliminary Injunction, Nos.730,731 26b

In addition, Dr. Anderson wanted jury representa­
tion. Of course, we have no control over the petty of 

grand juries in the Superior or City Court of Albany.

That’s a matter exclusively - which addresses itself 
exclusively to the respective courts.

And then, he also wanted job opportunities in 
privately owned facilities catering to the Negro trade.

It has always been the policy of the City not to Interfere 
with private business, if at all possible to avoid such 

interferencej and, of course, the City has no jurisdiction 
over how and In what manner a privately owned business is 
operated,’ but that is a matter which, in my judgment, 

addresses itself to the owner or proprietor of the facility.

I have a copy of this November 17 demand, which 
apparently comes from W. G. Anderson, Chairman and M. S.

Page, Secretary, of the Albany Movement; but he purports to 
represent the Youth Council, the Ministerial Alliance, the 
Criterion Club, the Federated Women’s Clubs, the Student 

Non-Violent Coordinating Committee, the Negro Voter League, 
and the Naacp.

MRS. MOTLEY: May it please the Court, this is
a certified copy of the petition presented In the other 
case and I suppose we can have It re-marked for this 
case.

THE COURT: Suppose, Mr. Clerk, since it is
in evidence in the other case, that you leave the 
designation which was placed on it in that case; 

in other words, make some Indication about the case,



Hearing on Motion For Preliminary Injunction, Nos.730,731

the case number, when you identify it for this purpose 

to distinguish it from its evidentiary value In the
other case.

MR. RAWLS: Your Honor, she states this is a
certified copy; I wonder by whom?

MRS. MOTLEY: Well, I believe it’s the Clerk,
Mr. Cowart, the Clerk of the Court.

THE COURT: Oh, I misunderstood counsel's
statement. This is not the same Instrument —

MRS. MOTLEY: Yes It is.
THE COURT: It Is the same instrument that

was Introduced in the other case?

MRS, MOTLEY: That's right, and we asked the
Clerk to copy it and has identification on It but I
suppose It should 
this case.

be marked in 730, as an exhibit in

THE COURT: Well, let me see it, just a
minute. I'm not sure that I understand. . .Well, 
it's a different piece of paper; In other words, this 
Is a certified copy?

MRS. MOTLEY: Yes.
THE COURT: 

introduced?
Of another paper which was

MRS. MOTLEY: Yes, that's right.
THE COURT: It's not the same piece of paper?
MS. MOTLEY: No sir.
THE COURT: Well, there can't be any confusion,

I thought it was the same paper



Hearing on Motion For Preliminary Injunction, Nos.730,731
28b

Q Mrs. Motley: Mayor Kelley, I would like to

show you PLAINTIFFS' EXHIBIT No. 1 for identification, and 
ask you if this is the same petition which you have in your 
hand or a copy of it?

A It appears to be the same, yes.

Q Now, directing your attention to this petition, 

Mayor Kelley, I would like to ask you, do you have any 

publicly owned parks in the City of Albany,
A We do have.

Q What are the names of those parks?
A We have Tift Park, Tallullah Massey, Carver 

Park, and numerous smaller parks which are used primarily 

for neighborhood gatherings and small groups of people 

interested in athletics, the number of which I do not know; 
but there are many such parks throughout the City of Albany, 
both for use - used by both the Negroes and the whites.

Q Under whose jurisdiction are the public parks 
in the City of Albany?

A Under our form of government which Is known as 
a city manager form of government, the City Manager Is 

charged with the responsibility of the operation of all 
of the facilities of the City, Including the parks, and 

excluding the water, gas and light department, which is 
managed by another person. The person responsible to Mr. 

Roos, the City Manager, insofar as recreation is concerned, 
is Mr. Rod Blalock. The maintenance of the parks Is carried 
out by Mr. Wills.



Hearing on Motion For Preliminary Injunction, Nos.730,731 29B

Q Is there a recreation committee of the Board of 
City Commissioners?

A There Is a committee, the title of which I believe 
is Parks and Recreation Committee.

Q Who is the chairman of that Committee?

A I think that Mr. Mott, Commissioner Mott, is 
the Chairman. I ’m not sure. I know that Commissioner 

Collins, Mayor Pro-Tern Collins was chairman last year but 

I revised the committee assignments In January of this year 

and I don’t recall; but I think that It's Commissioner Mott 
from the Second Ward.

Q Now, what’s the function of that Committee?

A The function of any City Commissioner, including 
the Mayor and the Mayor Pro-Tem, is simply to formulate 

policy and to communicate that policy to the City Manager, 
who has the responsibility of operating the City in accord­
ance with the policy established by the Commission.

Q So that, the function of this Recreation 
Committee of the Board of City Commissioners, of which 
you are a member as the Mayor and the Mayor Pro-Tem is 
also a member, Is to determine the recreation policy of the 
City of Albany?

A And to make recommendations to the City Commission 
for the adoption of an over-all policy. The Committee itself 
has no authority to establish a policy but simply to 

Investigate and to determine, from talking to people involved 
and witnesses, the best policy to be adopted by the City 
Commission. A recommendation is then made to the City



30B
Hearing on Motion For Preliminary Injunction, Nos.730^731

Commission and the City Commission as a whole either adopts 

or rejects the recommendation of the committee. And the same 
is true of any other facet of the City government.

Q What is the policy of the Board of City 
Commissioners with respect to these parks, as relates 
to their use by Negro and white citizens of the City of 

Albany?

A We have, I suppose, one of the finest zoos 

anywhere in the South and a playgrourd area, which to 

my knowledge or as far as I know, has never been segregated.
The Negroes and whites have always been free to go to the 

zoos in that area, to visit there and look at the animals 
and what not.

The policy, insofar as the mechanical rides 
is concerned, is that the Negroes may, if they wish to 
pay the price, ride on the rides, I do not know whether 
they have utilized them. I haven’t been to the parks 

recently. We have many picnic tables and areas which 
are used for cooking.

We have established a policy of permitting the 
concessionaire the authority to assign these tables. They 
are assigned on the basis of the number of people, whether 
or not children are involved, and the period of time the 

people making application for the tables want to use them.

These facilities have been used by both Negro and white on 
the basis of assignment by the Concessionaire based on the 
items I ’ve just outlined.



Hearing on Motion For Preliminary Injunction, Nos.730,731
313

We also have a swimming pool at Tift Park,* we 
have one at Carver Park for the Negroes. I am informed 

and believe that no Negro person has ever asked to be sold 
a ticket at the ticket counter at the white pool. There 

have been Negroes present at the park but none have actually 
requested that a ticket be sold at the ticket counter, 
according to my best Information.

Any other areas you would like for me to cover
on this?

Q, Well, let's find out first whether you have a 
written policy of the Board of Commissioners regarding the 
use of Tift Park by Negroes and whites?

A There Is no ordinance, to my knoivledge, on the 
books relative to the use of recreational facilities by 
Negroes and whites.

Q Is there a resolution of the Board of City 
Commissioners regarding this policy?

A If there is, I'm not aware of it.

Q Are you aware of any written policy regarding
Tift Park or any other part in the City of Albany?

A I am not.

Q Now, with respect to the swimming pool in Tift 
Park, Is it your testimony that Negroes are permitted to use 
that pool?

A That Is not my testimony. My testimony is that 
no Negro has ever tried to purchase a ticket to be used for 
admission to the pool at Tift Park.



Hearing on Motion For Preliminary Injunction, Nos.730,731
32B

Q All right, now let me ask you, what is the 
policy with regard to the use of that pool by Negroes?

A What is the policy?
Q Yes?

A I don’t know that the City Commission has ever 
formulated any policy by resolution or ordinance. However, 
in my judgment, because of custom and because of longstanding 
agreement between all of the citizens in the community, the 

white pool or pool for whites at Tift Park would be used 

exclusively by whites and the one at Carver Park would be 
used exclusively by the Negroes.

Q, All right, so it’s your testimony that in the 
City of Albany, there is a custom, you say, on the part 
of the citizens of the City that Tift Park pool is limited 

to whites and Carver Park pool is limited to Negroes, Is 
that it?

A Yes, that's true, and it has been true since 
the pools were constructed. And the same is true of the 

Teen Center. We have a teen center at Carver Park for the 
Negroes and we have a teen center at Tift Park for the 
whites; and the same is true for many other facilities.

Q, What other facilities?
A Pardon?
Q What other facilities?

A Recreational facilities. They use Carver Park,
The Negroes do, the white use Tift Park, but there are 
other parks in the City being used by the Negroes.



Hearing on Motion For Preliminary Injunction, Nos.730,731
333

Q, Do you know when Carver Park was built for 

Negroes?
A I do not know when the park was built. I know 

that the Teen Center was dedicated during the administration 

of Mr. Bill McAfee, which was some five years ago. But 

now, when the Carver Park Itself was actually developed and 

the pool put In, I just simply do not recall.
Q In addition to the pool and the teen center, 

do you know of any other facilities at Carver Park?
A To my knowledge, no, because I have not actually 

observed any other facilities except, of course, the swings 

and the ordinary playground equipment, and the hobby shop, 

which is located in the teen center, In the rear of the 
teen center, and which has been used quite extensively by 

the Negro community, as has the hobby shop at Tift Park 
which has been used quite extensively by the white community, 

both children and adults.
Q, Now, the trains which you have in Tift Park, 

do you know whether they have trains of that kind In Carver 

Park?
A I have never seen any there. Nor do I recall any 

request by any person who owned such equipment for permission

to operate at Carver Park. I'm sure that If a person who
owned such equipment would want to place It at Carver Park,
the City would be glad to grant them permission to do so;

of course, subject to the regulations established by the 

City Manager as a result of policy established by the City 
Commission, insofar as it relates, say, to the price of



Hearing on Motion for Preliminary Injunction, Nos.730,731
34b

the ride. The City Commission has established the price 
of the rides to be what we think is low enough to encourage 

children to ride the rides. But if anyone wants permission 

to operate such equipment at Carver Park, I'm certain that 

the City Commission would be glad to give them permission.

Q Let me ask you this, these rides in Tift Park, 
is this an operation by private person?

A By a private person, yes.

Q What's the name of the private person out there?

A I do not recall. It's under a contractual
arrangement. As a matter of fact, I just signed the 

contract about two weeks, two or three weeks ago, but I 
just simply do not recall the name of the lessee.

Under the terms of this agreement he is to 
operate the rides and carry liability insurance and charge 
so much for the rides, and the City charges him, I think, 

an amount which is just about equivalent to the use of the 

electricity that he would use in the operation, some nominal 
amount, the idea of the City being to encourage operators 

to supply and provide these facilities. Of course, the City 
has no funds with which to purchase this equipment and . 
operate it itself.

0, Is there anything in that contractual arrangement 
which requires the lessee to permit all citizens, that is 
colored and white, Negro and white, of the city of Albany 
to use that facility?

MR. RAWLS: If Your Honor pleases, we submit
that the contract itself would be the highest and best



35B
Hearing on Motion For Preliminary Injunction, Nos.730,731

evidence and we object to that question as the contract 
is made a matter of written record in the City Clerk’s 
office.

THE COURT: Is it readily available?

MR. RAWLS: Yes sir, it's readily available.
THE COURT: Well, I think the objection is

good on the basis as stated, the contract would be the 
highest and best evidence; if it's readily available, 
let’s get it.

MRS. MOTLEY: All right, we’ll get the contract,
Your Honor.

Q Let me ask you this, have you discussed with the 
lessee of the trains the policy with respect to the use of 

those trains by Negro and white citizens in the light of all 
of the activities by the Albany Movement?

A I don’t recall ever having any discussion with 
the lessee, except when I take my children out to the park.

Q What about the swimming pool, is that operated 
by a private lessee?

A No.

Q. In Tift Park?

A The tickets are sold by a lessee, it is my 
understanding, but the pool Itself Is operated by the City.

Q Now, has there ever been any discussion at the 
meetings of the Board of City Commissioners regarding the 
use of that pool in Tift Park by Negroes?

MR, RAWLS: Now, if your Honor pleases,
that’s a rather sweeping question. I imagine it would



Hearing on Motion For Preliminary Injunction, Nos.730,731
36B

be difficult for the Mayor to remember every discussion 

that’s been had by the members of the City Commission; 
and it is true also, and this is the ground of my 

objection, that whatever discussion might have been 

had would not be the policy of the City, but whatever 
resolution is passed and put on the minutes of the 

Board would establish the policy. In other words, 

there are three commissioners or two commissioners 
and the Mayor who could talk all day about something. 

That would be possible and yet that would not establish 

the policy for the City. The proper way to establish 
what the fixed policy of the City is, which can't do 

anything at all, as Your Honor knows, being a corpora­
tion except by formal action, either by resolution or 
ordinance,* and, of course, the minutes of the City 
Commission are open, public records, and certified 

extracts or certification of those records would be 

the highest evidence of whatever the policy was.
THE COURT: The question was, has there ever

been any discussion; and I think that that question can 

be answered without going into what the discussion was. 
The question so far is only as to whether there has 
ever been any discussion.

Now, I agree with counsel that only what has 
been decided by resolution or formal action of one kind 
or another, only that would be evidence of what the 
City's position is. But the question so far is, has 

there here been any discussion, and I think that



37B
Hearing on Motion For Preliminary Injunction* Nos.730,731

question can be answered. I overrule the objection.

A The Witness: Yes, there has been some discussion.

Q Mrs. Motley: All right, when did this discussion
take place?

A I don't recall.

Q Has it been within the last three months?
A I'm sure that there has been some discussion 

relative to the matter within the last three months.
MR. RAWLS: Now if Your Honor pleases, we

object to this as being illegal, irrelevant and imma­

terial, because whatever discussion, as I pointed out 

In my previous objection, might have been had would not 
have any binding effect until confirmation was had by 

a formal passing of a resolution or an ordinance 

formulating It. So, the time when or where any dis­

cussion was had would be illegal, irrelevant and 
Immaterial.

THE COURT: Well, it's possibly technicalljr

so but I overrule the objection, because the question 
is simply, first, has there been any discussion; and, 

second, when has the discussion taken place. You see, 
she Is not attempting to go into what the discussion 
was. Of course, only formal action would be admissi­
ble as far as establishing the policy. But she's simply 
asking him, has it been discussed and If so when.
I'll allow the question. I overrule the objection.

MRS. MOTLEY: I believe the question was
answered?

THE COURT: I think it was.



Hearing on Motion For Preliminary Injunction, Nos.730,731
38B

Q Mrs. Motley: As a result of that discussion,

did the Board of City Commissioners take any action?

MR. RAWLS: Now if Your Honor pleases,

objection is good to that question, on the ground that 

if they did take any action, it would be available by 

certified copy of the minutes of the City Commission.

THE COURT: She's asking him did they

take any official action. I don't believe she used 
the 'word "official".

MRS, MOTLEY: Well, that’s what I meant, I ’m
sorry.

THE COURT: Yes. You’re asking him, did
the City take any official action as a result of this 
discussion?

MRS. MOTLEY: Yes.

MR. RANTS: Now, if Your Honor pleases,
there would be strictly higher and better evidence 
because that would of necessity have to be by resolution 
or ordinance.

THE COURT: I agree when we reach that point

but we haven’t reached that point. The question now 
is, did the City take any official action, and that’s 
a proper questionj and I overrule the objection.

The question is, did the City take any official action?

A The Witness: Yes sir, I understand the question,
Your Honor. I was just trying to recall. There has been so

much going on In the past nine months as a result of all of
this activity I just simply can’t recall. But I can say this



Hearing on Motion For Preliminary Injunction, Nos.730,731
39B

that I do know - now, whether this was done by resolution 

or by - I know it was not by ordinance - but whether any 

resolution was adopted, I don't know; but it was the feeling 
of the Commission —

MR. RAWLS: Now, I object to that, if Your
Honor pleases.

The Witness: All right.

MR. RAWLS: The Mayor can't legally state
what the feeling of the Commission was,

THE COURT: Yes, I think we ought to limit
ourselves and I have already indicated what my view 
about that is; and Mrs. Motley has not asked him to 
relate anything of an official nature as yet; if she 

does, I think a copy of the ordinance or the resolu­

tion itself would be the best evidence of it. So, if 
any official action was taken, I believe you stated 
that you can't recall?

A The Witness: I do not recall.

THE COURT: Well, he can't recall whether any
official action was taken or not.

Q Mrs. Motley: All right, If any official action
was taken, it would be reflected in the minutes of the Board 
of City Commissioners, would it not?

A It would.

Q Now, you have another park In the City of Albany, 
I believe you stated, Tallulah-Massey Park?

A Yes.



Hearing on Motion For Preliminary Injunction, Nos.730,731
40B

Q, Is that for Negroes or whites?

A There is no ordinance or resolution of the 

Commission specifying whether It's for Negroes or whites. 

Because of geographical location and because of custom and 

tradition, it's been used predominantly by white.

Q, Do you know when that park was opened?

A Again, I don’t recall the date. It’s been there
for several years.

Q Do you know what facilities they have there?
A Swimming pool, picnic table - tables, and the

usual playground equipment. It’s about in the same category 

as Carver Park, with the exception of the Teen Center. We 
do not have a teen center at Tallulah Massey.

Q Did you say you have a swimming pool there?

A Yes, there’s a swimming pool there.

Q, Now, I believe you said by "custom and tradition"
this park has been used by whites, is that right?

A Predominantly, yes.

Q, When you say "predominantly", what do you mean?

A I mean that some Negroes may use the park, I don’t 
know. I don’t know whether they do or they don’t. I do 

know that there is no resolution or ordinance requiring or 

prohibiting Negroes from going to Tallulah-Massey Park.

Q Now, let me ask you this: in the light of that 

tradition and custom, did the Board of City Commissioners 
ever discuss that custom and tradition with relation to the 
petition which you identified a while ago as Plaintiffs’ 
Exhibit No. 1 ?



Hearing on Motion For Preliminary Injunction, Nos.730,731
4 IB

A The City Commission has discussed the request 
relative to parks, which, of course, Includes recreational 
facilities; yes, they've discussed it.

Q, And was any action taken by the Board of City 
Commissioners following that discussion?

MR, RAWLS: Now, if Your Honor pleases,

I object to that because if there had been any binding 

action taken, it would have to be in writing; as a 

matter of law, any binding action - she asked him If 
any action was taken- as a matter of law, this is a 
corporation and can only act in regular or called 

session with a quorum of the Board present and can 

act only by resolution or ordinance in writing, which 

would have to be entered on the minutes of the Board.
So now, in answer to the question she submitted, it 

could only come from the minutes of the Commission.
THE COURT; Well, she’s simply asking him, 

was any official action taken. That’s all she’s asking 
him at this point, and I overrule the objection.

A The Witness: I do not recall any resolution
being passed relative to the parks. There may have been.
I don’t recall it though.

Q Mrs. Motley: All right, but if there was
action taken by the City Commissioners following a dis­

cussion regarding the parks and Plaintiffs’ Exhibit #1, 
which is a demand by the Albany Movement for desegregation 

of those parks, it would be reflected in the minutes of the 
Board of City Commissioners, would It not?



Hearing on Motion For Preliminary Injunction, Nos.730,731
42B

MR. RAWLS: Now, if Your Honor pleases,

she's asking the Mayor a legal question. That’s a 

matter of law, official action by the Board of City 

Commissioners, and it would have to be a matter of law.

THE COURT: She's asking him If they did

take any official action, would it be reflected in 
the minutes of the City Commission.

MR. RAWLS: And the answer to that question

Is foreclosed by the law. It's a matter of law, that 
any official action by the Board of City Commissioners 

would of necessity have to reflect Itself in the official 
minutes of that Board.

THE COURT: She's entitled to know whether
they did what the law requires. She’s entitled to an 

answer to that question. I overrule the objection.

A The Witness: Yes.
Q Mrs. Motley: Now, the playgrounds which you'

referred to a while ago, do you know how many there are In 

number, approximately?

A I do not. I can get the information. There are 
a great number throughout the City though, very small 

parks, used by neighborhood children largely.

Q Do these neighborhood parks have any facilities 
on them, such as swings or benches?

A Most of them do, yes.
Q Now, does the City Commission furnish any 

equipment or uniforms for the use of the children in any 
of the three major parks or these smaller playgrounds?



Hearing on Motion For Preliminary Injunction, Nos.730,731
43B

A To a limited extent, yes.

Q What equipment or uniforms do you furnish?

A Again, I can't answer specifically, I Just

don't know. I know that I ’ve signed checks for some 

football uniforms, some football helmets, and maybe some 

baseball equipment. I Just don't know. I do know that 
we furnish some, yes.

Q Who would know about that?

A Mr. Roos may have the figures available. If not, 
then Mr. Rod Blalock, who is in charge of Recreation and 
Parks.

Q Now, going back to the playgrounds which we 
discussed a moment ago, are there any of those playgrounds, 
other than Carver Park, located in Negro communities?

A I'm sure there are some; I don't know where they are.
0. Who would know about that?
A Mr. Blalock can give you the exact location of all 

of them.

Q I would like to direct your attention again to 
Plaintiffs' Exhibit #1, which Is the petition of the Albany 

Movement, and you will note that they ask for desegregation 
of the library, is that right?

A Yes.

Q And you say the libraries In the City of Albany 
are under whose Jurisdiction?

A A board of trustees and the board Is appointed 
by the City Commission.



Hearing on Motion For Preliminary Injunction, Nos.730,731
44b

Q How many libraries do you have in the City of
Albany?

A Under the jurisdiction of the trustees of the 
library board?

Q Yes sir?

A There are two, one which was just recently 

completed at a cost in excess of $25,000, which was con­

structed primarily for the use of the Negro community and 

located in the area which would make it more accessible to 
the Negro community.

Q, What's the name of that library?

A I do not know. It was just opened by formal 
dedication this year.

Q What's the other library that you have in the 
City of Albany?

A The Carnegie Library.
Q And that's under the jurisdiction of this board?
A Yes.

Q And that’s limited to whites, isn’t It?
A There Is no ordinance or resolution relative

to the use of the library by Negroes or whites.

Q All right, what about policy and custom? You 
know that only whites have been permitted to use that 

library, don’t you, as a matter of policy and custom?

A As a matter of custom and tradition, that's
true.

Q Now, has the Board of City Commissioners ever 

discussed this custom In the light of the petition of the



Hearing on Motion For Preliminary Injunction, Nos.730,731
45B

Albany Movement, Plaintiff’s Exhibit #1, that the library 
facilities be desegregated?

A Yes, It’s been discussed,

Q Did the Board of City Commissioners take any 
action following that discussion?

A The Chief of Police requested that the library —

MR. RAWLS; Now, Your Honor pleases, that 
answer is not responsive and I object to it. She 

asked him the question whether or not the Board of 

City Commissioners had taken any action following that 
discussion.

THE COURT; The question Is, did the Board 
of City Commissioners take any official action in 
consequence of such discussion?

A The Witness: The City of Albany or the City
Commission at a meeting discussed the problem, and It was 
decided —

MR. RAWLS: Now if Your Honor pleases, I
object to what the City Commission decided because, 

as has been pointed out many times, the official 
minutes would be the proper way to prove that.

THE COURT; The question is, did the City 

Commission take any official action? That's the 

question. Did they or didn't they take any official 
action?

A The Witness: I simply do not recall whether
there was any official action insofar as the City Commission 
is concerned because I just do not know, insofar as a



Hearing on Motion For Preliminary Injunction, Nos.730,731
46b

resolution or ordinance is concerned.

Q Mrs. Motley; In other words, you're saying that 
they may have discussed it but nothing may appear In the 
minutes, is that It?

A I'm sure that it was discussed, yes.

MR, RAWLS: That's exactly why the law

requires a finding of the City Commission and it would 

have to be a public record. That question illustrates 

that point. What the Mayor may remember or the Mayor 

Pro-Tem or some other member of the City Commission 
may remember would be too fallible, which would be a 

matter of proof, I mean verbal proof; whereas, the 

law requires that official action of the City govern­
ment be as a matter of law in writing and not what 
somebody remembers about it,

THE COURT; Yes, the witness, as I understand 
his testimony, is saying that they did discuss It 
but he cannot recall whether any formal action was 
taken —

The Witness: That's true.

THE COURT; —  in the manner that the Com­
mission acts, which is by ordinance or resolution.

The Witness: That's true.

THE COURT; He cannot remember whether they
did or not. If they did, would the minutes of the 

Commissioners reflect it, If they did take any action, 
would they, any official action?

The Witness: Yes sir.



Hearing on Motion For Preliminary Injunction, Nos.730,731
47B

Q Mrs. Motley: Mayor Kelley, have you read the
complaint in this case?

A Which one?

Q This case involving the public facilities, No. 730?

A Yes, I have read it, not as a lawyer would read 
it, but as a lay person would read it.

Q, Do you recall that the complaint seeks to have 
this court enjoin the enforcement of certain ordinances of 
the City of Albany?

A Yes.

Q Do you recall what those ordinances were?
A I do not.

Q, Do you know whether —  I would like to shoxv you 
PLAINTIFFS’ EXHIBIT No. 2 for identification, which Is a 
certified copy of certain ordinances of the City of Albany 

and ask you whether you are familiar with those ordinances?

A Yes, I am generally familiar with these 
ordinances, I do not recall whether this ordinance is 
in the language of the Code or not. I was familiar with 
Chapter 22, I believe, of the Code. I do not recall 

ever having seen a copy of Plaintiffs’ Exhibit #2 as such, 
unless it has been incorporated in the Code.

Q Now, let me ask you about PLAINTIFFS’ EXHIBIT #3, 
which is another ordinance: Are you familiar with that 
ordinance?

A I am.

Q Now, with respect to these ordinances, I would 
like to ask you whether whether the Board of City Com-



Hearing on Motion For Preliminary Injunction, Nos.730,731
48b

missioners ever discussed these ordinances with reference 

to the petition of the Albany Movement, Plaintiffs" Exhibit 
#1, as relates to buses and bus stations?

THE COURT; Before we go any further with

that, let me see those just a minute.

MRS, MOTLEY; Yes sir (handing up ordinances

P-2 and P~3 to the Court) . . .

THE COURT; All right.

A The Witness; I do not understand your question 

insofar as you have related it to Plaintiffs’ Exhibit #1, 
would you explain that?

Q Mrs. Motley; Yes, would you look at 
Plaintiffs* Exhibit No. 1, a copy of which I understand 

you have in your hand -
A Yes.

Q, The first Item among those listed by the Albany 

Movement as principal targets of desegregation is bus 
stations, is It not, No. 1?

A Yes, that's true.
Q And then, No. 6 is city busses, is that right?

A Yes.
Q Now, Plaintiffs’ Exhibit #2, which you’ve just 

read, has to do with passenger busses operated In the City 

of Albany, does it not?

A It does.
Q Now, my question is, whether the Board of City 

Commissioners has ever discussed this ordinance with relation



Hearing on Motion For Preliminary Injunction, Nos.730,731

to this demand by the Albany Movement for desegregation of 

City busses?
A Yes.

Q Was any official action taken by the Board of 
City Commissioners following that discussion?

A No, if you mean by official action the adoption 
of a resolution or an ordinance?

Q. That’s right?
A No.

Q Now, let me direct your attention to Section 2 

of Plaintiffs’ Exhibit #2, which has to do with taxicabs 
in the City of Albany?

A Yes.

Q Has the City Commission ever discussed that 
ordinance?

A The City Commission has discussed the ordinance 
relative to the use of taxicabs, yes.

Q Has that been within the last three months?
A Yes.

0, Was any action taken by the City Commissioners 
following that discussion?

A No official action.

Q Now, let me direct your attention to Section 3 
of Plaintiffs1 Exhibit #2, which has to do with 

theaters or places of amusement in the City of Albany, 
and ask you whether the City Commission has discussed 

that ordinance within the last three months?

A It has been discussed.



Hearing on Motion For Preliminary Injunction, Nos.730,731

Q It has?

A Yes.

Q, Now, following that discussion did the Board of 
City Commissioners take any official action?

A No.

Q, Now, I will direct the same question to Section 
4, which again has to do with separate lines in front of 

theatres, I believe, and ask you whether the City Com­

mission has discussed Section 4 in the last three months?
A It has.

Q, Has any official action been taken by the City
Commissioners following that discussion?

A No official action has been taken.

Q What about section 5, which has to do with the
penalty Imposed for violation of these ordinances: has that 

ever been discussed by the City Commission within the last 
three months?

A I have no recollection of any discussion relative 
to the penalty.

Q Now, what about Plaintiffs' Exhibit #3, which is 
another ordinance having to do with taxicabs and licensed 
vehicles? Has the City Commission discussed that ordinance 
within the last three months?

A It has been discussed, yes.

Q Has any official action been taken by the City 
following that discussion?

A No, there’s been no occasion to cause any action 
to be taken insofar as the taxicabs are concerned.



Hearing on Motion For Preliminary Injunction, Nos.730,731

Q, Now, directing your attention again to Plaintiffs ' 

Exhibit #1, which is the petition of the Albany Movement, I 

would like to ask you whether the City Commission has dis- 

cussed the train station in the City of Albany, which the 

Albany Movement’s petition requests be desegregated?

A It has been discussed but I would like to point 

out that the City of Albany has no Jurisdiction over the 
train facilities.

Q, Weil, have they discussed the petition's demand 

that they be segregated?

A It has been discussed generally in the light of 

the Interstate Commerce Commission's ruling in November, 
yes.

Q, Was any action taken by the City Commission 
following the discussion of the ICC ruling?

A No action was necessary. There's no ordinance on 
the books relative to the train station, as I recall it.

Q Well, hasn't it been customary for Negroes and 
whites to use separate waiting rooms at the train station?

A Since the beginning of Albany, yes.
Q Well, in the light of that custom and in the 

light of the ICC order of November 1, 1961, has the City 

Commission discussed the matter of that custom?

A It's been discussed, yes.
Q Following that discussion, did the City Commission 

take any official action?

A There's no official action the City could take.



Hearing on Motion For Preliminary Injunction, Nos.730,731
52B

Q, Now, directing your attention again to Plaintiffs 1
Exhibit #1, —  would you strike that last —  Going back to 

the train station in the City of Albany, isn't it a fact 

that Negroes were arrested in the train station in the 

City of Albany in November and December, 1961, following 
the ICC order?

A I think some Negroes were arrested but not for 

violation of any so-called "segregation ordinance".
Q What were they arrested for?

A Chief Pritchett is here and he can tell you 

exactly. I don’t know.

MR, RAWLS: Your Honor please, the record
would be the highest and best evidence.

THE COURT: Well, he says he doesn’t know.

Q, Mrs. Motley: What about the bus station,
weren't some Negroes arrested in the bus station in November 

and December following the ICC order?

A Yes, some were arrested.
Q, Now, directing your attention to Plaintiffs' 

Exhibit #1 -

A But In further response to that question, I 
think the record will indicate earlier in this case, in 
the other case, that they were not arrested for violation 

of the segregation ordinances of the City of Albany.

Q What were they arrested for?
A Again, I do not know.
Q Directing your attention to Plaintiffs' Exhibit 

#1, item numbered 5, hospital, I would like to ask you



Hearing on Motion For Preliminary Injunction, Nos.730,731
53B

whether the Board of City Commissioners has ever discussed 
desegregation of the hospital

MR, RAWLS: Now, if Your Honor pleases, the

hospital Is a matter completely beyond the jurisdiction 

of the City Commission. The City Commissioners of Albany 
don’t have anything to do with policy making or the 

running of.the Phoebe-Putney Hospital. That’s a matter 

that’s addressed to an Independent board and the City 
has no jurisdiction or control over it.

THE COURT; Well, I imagine, if that’s true, 

the witness knows that; and the question at this point 

is simply have they ever had any discussion. That's the 
only question so far, whether they discussed it or not.

Of course, if they don't have anything to do with it,

I doubt If they discussed it, but the question is, 
have you ever discussed it.

MR. RAWLS: Your Honor please, I can't see
how anybody's civil rights could be involved in the 
Mayor and members of the City Commission talking to 

members of the Hospital Board about it. There might 
be but I just don’t see how It could be.

THE COURT: Well, probably not, probably not.
MR. RAWLS: And it's not embodied in the

complaint.
THE COURT: I was about to raise that ques­

tion myself. I don’t recall, in reading the complaint -
MR. RAWLS: It's not in the complaint.

THE COURT: —  any reference to the hospital



Hearing on Motion For Preliminary Injunction, Nos.730,731
54b

anywhere in there. Is there?

MRS. MOTLEY: No, that’s true, Your Honor; but
I was trying to determine what on this petition had 

been discussed by the Board of City Commissioners.

The petition asked for it and I was trying to find 

out whether they discussed it and whether they’ve taken 
any action on it or not.

THE COURT: Well, since it’s not a matter In

litigation here - all of these other things that you’ve 

touched on are - but since it’s not a matter in litiga­
tion, let’s skip over that.

MRS. MOTLEY: All right.

Q Let me ask you this, Mayor Kelley, has the Board 
of City Commissioners ever replied to this petition In 
writing?

MR, RAWLS: Now, if Your Honor pleases, If
they had, the writing itself would be in the possession 

of them and It would be the highest and best evidence.

THE COURT: That’s true but all she’s asking
at this point is, has the Board replied in writing. 
That's all she’s asking. She's not asking him what 

they replied. She’s only asking him whether the Board 
has replied In writing, If he knows. If he knows, 
why, he should answer that question. I overrule the 
objection.

A The Witness: My best recollection is that a
reply was made, the exact date of which I just simply do 
not recall.



Hearing on Motion For Preliminary Injunction, Nos.730,731
55B

Q, Mrs. Motley: To whom was the reply made In
writing?

A. Again, I am trying to recall but I can’t be 

certain. I suppose it was sent to Dr, Anderson, I? it was 

sent to anyone. It may have been simply a news release.
I do not know whether a reply was made directly to Dr. 

Anderson or M. S. Page or not. I ’m inclined to think It 

was but I do know that a reply was formulated and published. 
Now, ’whether it was actually delivered to Dr. Anderson or 
M. S. Page, I do not recall.

Q Where was it published?

A I am reasonably sure it was published In the 
Albany Herald; whether or not it was published anywhere 

else, I don’t know.

Q Now, following this petition which was presented 
to you, did you have any conference with Dr. Anderson or 

any other members of the Albany Movement regarding desegre­
gation of these public facilities?

A Yes, on many occasions.

Q, You say you discussed desegregation of public 
facilities on many occasions with Dr. Anderson?

A Dr. Anderson and I have discussed the over-all 
problems on many, many occasions, yes. I cannot recall 
the exact dates or places, but we have discussed them on 
many occasions.

Q Now, following your discussions with Dr. Anderson 
regarding the desegregation of public facilities, did the



Hearing on Motion For Preliminary Injunction, Nos.730,731

Board of City Commissioners take any action following those 
discussions?

A There was no official action.

Q Now, this reply which you say was published,
that Is the reply to the petition, do you have a copy 

of that, what you're talking about?
A I do not.

Q Do you know of anybody that has a copy of it?

A Yes, I'm sure that Mr. Rawls may have one. I
don't know.

MR, RAWLS: I think this is what you're

talking about. (Handing document to counsel for 
Plaintiffs) . , .

Q Mrs. Motley: Now, let me direct your attention
once more to Plaintiffs' Exhibit #1, item number —  I'm 
sorry, I'll withdraw that, strike that please —

THE COURT; Mrs. Motley, before you go 
further with that question, suppose we take about a 
10 minute recess.

MRS. MOTLEY: Ihank you.
RECESS: 11:00 AM to 11:10 AM 8-31-62

Q Mrs. Motley: Let me show you PLAINTIFFS'
EXHIBIT #4, Mayor Kelley, and ask you If it is your 
testimony that that is a written response by the City 

Commission to the petition presented to them by the Albany 
Movement, which is marked Plaintiffs * Exhibit #1?

A Apparently not. As I recall, your Exhibit No. 1
was dated in November?



Hearing on Motion For Preliminary Injunction, Nos.730,731 57B

Q, That’s right?

A And this apparently was Issued or published in 
January of 1962.

Q Do you recall having seen that document, 
PLAINTIFFS’ EXHIBIT #4, prior to this time?

A Yes, I have seen it.

Q. When did you see it?

A I suppose jrou mean the first time I saw it?
Q Yes sir?

A I do not recall. I suppose it was some time in 
January of 1962.

Q Do you know who wrote it?

A I do not.

Q. Do you understand that to be a statement of the 
Board of City Commissioners of the City of Albany?

A This was a statement, I believe, that was 

issued at a meeting of the Commission. It is not marked 
as a copy of the minutes of the meeting, but I think it 

was incorporated in the minutes of a regular meeting or a 

special meeting at that time.

Q Is that the document that you stated a while ago 
was published In the Albany Herald?

A %  recollection is that it was published in the 
Albany Herald.

Q Do you recall that that was read at a meeting 
of the City Council in January, 1962?

A That’s my best judgment, yes. I do not recall 
specifically, no, but that Is my best recollection.



58b
Hearing on Motion For Preliminary Injunction, Nos.730,731 

Q, Do you recall who read the statement at that

time?
A I do not.

THE COURT; Let me see that before we go 

any further, so I'll know what we’re talking about. 
(P-4 handed up to Court) . . .

MR. RAWLS; If Your Honor please, I would 

like to call the Court's attention to one thing since 

you've read It there. It was pointed out to counsel 

that the last two lines of the next to the last 

paragraph of this document were deleted before it 
was published.

THE COURT; The last two sentences?

MR. RAWLS; The last two lines of the next

to the last paragraph.

THE COURT; The last two lines or the last 

two sentences?

MR, RAWLS: It’s the last two lines in the

next to the last paragraph, Your Honor pleases. It's 

one sentence but It constitutes the last two lines of 

the next to the last paragraph.
THE COURT: That's the quotation from Emerson?

MR. RAWLS: That's correct. That was deleted

before it was published.
0, Mrs. Motley: Do you know anything about the

last two lines of the third paragraph on page 2 of Plaintiffs' 

Exhibit #3 being deleted before publication?
A That's my understanding, yes.



Hearing on Motion For Preliminary Injunction, Nos.730,731 59B

Q Now, let’s see if we can establish clearly In the 

record the sequence of events here: This Plaintiffs'

Exhibit #1, which is the petition of the Albany Movement, 

dated November 17, 1961, was received by you some time In 
that month, was it not?

A It was.

Q Now, is there a written reply to that petition 
that you know of?

A Not to my knowledge, no. I thought there was 
but apparently there was not.

Q Now, following the presentation of this petition 
to you, did Dr. Anderson appear before the board of City 
Commissioners regarding this petition?

A Yes, I think Dr. Anderson came before the Com­
mission in January some time, toward the latter part of 
January, I believe.

Q Do you remember whether he spoke at that meeting?

A The minutes would reflect that, I just simply do
not recall; if he was there, I ’m reasonably sure he did
speak.

Q Now, this statement which is marked now 
PLAINTIFFS’ EXHIBIT #4, do you recall whether this 
statement was issued following Dr. Anderson’s appearance 
before the Board of City Commissioners?

A %  best recollection is that it was.

Q Do you have any recollection as to how many
times following the presentation of Plaintiff's Exhibit #1 

that Dr. Anderson appeared before the Board regarding this



Hearing on Motion For Preliminary Injunction, Nos.730,731
6 OB

petition? Was it more than once in January, 1962?

A Again, the minutes would reflect whether or not 

he appeared. My best recollection is that he appeared 

some time in January, 1962, and then again, oh several 

weeks ago. Those are the only two times I actually 

definitely recall him being there. He may have been 

there more but the minutes would reflect that, If you would 
like to have them.

Q Do you recall, Mayor Kelley, that when you 
testified in this court in an action brought by you and 

other City officials against Martin Luther King and others 

for Injunction enjoining certain activities, that you 
testified to this effect - I ’m not trying to give you the 

exact words - in reply to one appearance by Dr. Anderson 

before the City Council, there was a statement by you or the 

City Council to the effect that there were no areas of 

agreement on the matters presented in the petition of the 
Albany Movement?

A I recall having made such a statement. Whether 
it 'was in the City Commission meeting or whether it was 

in response to an inquiry by some member of the news media, 

or how or when I made it I don’t know, but I acknowledge 

the fact that I did make It.

MRS. MOTLEY: I believe those are all the

questions for this witness, Your Honor.

CROSS EXAMINATION
BY MR. RAWLS:

Q Mr. Kelley, in speaking about the various areas



6 IB
Hearing on Motion For Preliminary Injunction, Nos.730,731

of public recreation facilities in the City, I'll ask you 

whether or not you regard the facilities that are available 

to the aiMbers of the Negro race comparable to the facilities 
available to the white race?

A I certainly do, based on the population. As 

a matter of fact, the City of Albany in a 12 months period 
just ended spent In excess of $36,000 solely for the use 

and benefit of Carver Park, which is designed for the 

members of the Negro community, which is a substantial 

part of the total parks and recreation budget.

Q, Do you know of any ruly or requirement that 

attaches to any concessionaire with reference to how he 

will operate his little toy trains or swings or horses = 

mechanical horses or any other playground equipment that 
he uses In the park?

A Yes, by contract, we require him to carry public 

liability insurance. We set the rates for the rides, so 

as to make them what we think reasonable.; but beyond that, 
as far as 1 know, there are no regulations.

Q. Do you as Mayor undertake the supervision and 
operation of those various pieces of playground equipment?

A As Mayor, I certainly do not because I am 
charged with the responsibility of being a member of the 

Commission, which, as I have said before, is simply a 

policy-making body. The City Manager is required to carry 
out that policy.

Q As a matter of fact, you have raised your voice 

on several occasions trying to keep the price down, so you



Hearing on Motion For Preliminary Injunction, Nos.730,731
62B

could afford to let your poor boys ride, is that correct?

A That1s right.

Q, Now, this notice here, that’s marked Plaintiffs’ 

#1, headed "The Albany Movement" dated November 17, 1961, 

indicates in capital letters "PRINCIPAL TARGETS", in 

capitals and enclosed in parentheses ("in the order of 

their appearance) FOLLOW", in caps, colon: 1. Bus Station"

What segregation practices have been enforced by 

the City of Albany, if any, since the promulgation and 

distribution of the ICC order, forbidding segregation in 

public transportation facilities, such as the bus station?

A None to my knowledge.
Q Do you know or has it ever come to your attention 

or come to your knowledge that any police officer of this 

City has ever undertaken, since the promulgation and Issuance 

of that ICC order, to enforce segregation in the bus station?

A I have no knowledge of any such enforcement.

Q Now, with reference to the train station, which
is No. 2 on the "principal targets", the train station, do 

you know of any effort on the part of any officer of 

official of the City of Albany to enforce segregation 

in the train station since the promulgation of the ICC 

order, banning segregation in those facilities?

A I have no knowledge of any.
Q Now, No. 3 is the library: now, do you know of 

any cases that have been made involving the enforcement 

of any segregation practice In the library as such?



Hearing on Motion For Preliminary Injunction, Nos,730,731
63B

A I do not. As a matter of fact, there is no 

ordinance requiring segregation of the public library. It 

has as a matter of custom and tradition been used by the 

white race, the Carnegie Library, and the other library 

has been used by the Negroes. And I might add that it!s a 

brand-new, very fine library.

Q Are the same books available at that library as 

would be available at the old 50-year old library used by 

the white folks?

A Yes, the books are interchangeable. If a person 

wants a book from the Carnegie library, all he has to do 

is to request It and it will be made available at the other 

library.
Q Mr. Mayor, I never have been to the new library, 

the one you're talking about, and I'm asking simply for 

information, isn't it air-conditioned? Have you been there?

A No, I was cut of town the day it was dedicated 

and I have not been there. I have been told it’s air- 

conditioned. I don't know as a matter of fact.
Q But is it your understanding that it is air- 

conditioned?

A Yes.
Q tod how about the one, the old Carnegie house 

down here that's been here for 50 years, how about it, 

is it air-conditioned?
A I think only a small portion of it. The entire 

building is not air-conditioned, no.
Q Now, we come down to No. 4, the parks*. Are the



Hearing on Motion For Preliminary Injunction, Nos.730,731
64b

park facilities for both races, in your opinion, the same or 
on a reasonably comparable basis?

A In my judgment, they are. We have had, to my 

knowledge, no complaints until recently about the recreational 

facilities or recreational programs of the City. As a matter 

of fact, many members of the Negro community have been 

highly complimentary upon the action of the City in 

providing park and recreational facilities; and I might 

add that we employ the best trained personnel among the 

Negro community that we can find to assist In these 
programs.

Q Do you have Negro attendants at the Negro 
facilities?

A We do.

Q Now, Majror Kelley, about swimming pools, 
what do you think of the practicability of both races 

using the same swimming pool?

A In my judgment, it is highly impracticable! and, 
in my opinion, the people of the City of Albany would not 

tolerate the use of any pool on an integrated basis but 

would prefer them being closed.

Q As a matter of fact, they are actually closed 
at the present time, aren't they, Mayor Kelley?

A They are now closed.

Q And that same thing applies to the library,
doesn’t it?

A Yes, to a degree. Of course, you do not have 

in the library the personal contact that you have In the



Hearing on Motion For Preliminary Injunction, Nos.730,731
65B

swimming pool or in a teen center or athletic activities.

And I might hasten to add that in my many discussions with 

the leaders of the Albany Movement, they have recognized 

the fact that Albany is not yet ready for the use of public 

facilities which involve or would involve personal contact 

among those using them.

Q As far as you're concerned as a member of the 

City Commission, would you go out of the recreation business, 

if it involves that close personal contact insofar as the 

City is concerned, rather than undertake to operate on an 
integrated basis?

A To avoid violence, possible blood-shed, it would 

be necessary, in my judgment, for the City to close those 

areas of recreation which involves or would involve bodily 
contact.

Q. Now Mayor Kelley, they list 5# they list 
hospitals as No. 5 in their list of principal targets;
I believe it1s already before the Court that the Board 
of City Commissioners has no official connection with or 

supervision over the operation of the hospital, is that 
true?

A That is a true statement. However, I think it 

should be pointed out that the City has the obligation 
of paying in one way or another for* the indigent sick 

of the City; and I might add that the City of Albany in 

the past 12 months has expended some $60,000 for the indigent 
Negroes of this community, either by direct contributions



66b
Hearing on Motion For Preliminary Injunction, Nos.730,731

or have had to raise the rates of paying customers at the 

hospital to defray this. Me have many, many charity cases 
for which some people have to pay and we can pin-point at 

least $60,000 for indigent Negro citizens of this City.

Q So, even though the City doesn't have anything 

to do with the doctors that a.re put on the staff, you do 

have to pick up some of the "tab", Is that what you're 
talking about?

A That's exactly what I'm talking about. And you 

must also consider that, even though the City Is spending 
that much money just In the field of charity, that the 

Negro community only pays a little over 5 per cent, of 

the total advalorem taxes that are paid. As a matter of 

fact, we spend more for charity than the whole Negro com­

munity pays In advalorem taxes.

Q Well now, the next item here is No. 6 and that's 

City busses; I believe we do have an ordinance concerning 

the operation of City busses. Let's see. . . here it is, 

"SECTION 1. All passenger busses operated in the City of 

Albany and its police jurisdiction shall provide separate 

accommodations for white people and negroes on said busses. 

All conductors, drivers, or other employees in charge of 
said bus or busses shall assign all passengers to their res­

pective seats on the bus or busses, so as to separate the 
white and negro races as much as practicable, except that 

negro nurses having In charge white children or sick or 

infirm white persons may be assigned seats among white 
people."



67B
Hearing on Motion For Preliminary Injunction, Nos.730,731

Now, do you know of any case that's been made 

since you've been Mayor or connected with the operation of 

the City government on the basis of that ordinance?
A I do not.

THE COUNT: How long have you been Mayor,

Mr. Kelley?

The Witness: Since January of i960, sir.

Q Mr. Rawls: So, during the years of '60,

'6l and up to now in '62, you know of no charge being made 

against any person or bus operator In connection with that 

particular ordinance, is that a correct statement?

A That is true.
Q Well now, while we're talking about this segre­

gation section of the City Code, let's talk about all of 

It at one time. Now, I read to you a while ago about 
passenger busses, nhich was, of course, about the busses.

Now, before we get off of busses, we will talk a little more 

about that; Has there been any boycott by the Albany 
Movement of the operators of the City Transit services being 

operated here that you know of?
A First of all, let me say that the City of Albany 

does not operate a bus service. The Cities Transit, Inc. 
actually own and operate, or operate the bus service on 

a franchise basis with the City of Albany.
To answer your specific question, there has 

been a boycott of the bus service by the Albany Movement 

and those allied with it, and I might add that it has bee



68b

Hearing on Motion For Preliminary Injunction, Nos. 730,731

quite effective, so effective In fact that there is no bus 

service in the City of Albany today, and there Is little 

likelihood that there will be any, any time In the future.

Q Mr, Kelley, there's an allegation in the complaint
that I want to call your attention to concerning the opera­
tion of the bus service by the Cities Transit. It says 

here that "the transportation facilities sought to be 
desegregated in this action are privately owned, but 

segregation with respect to these facilities Is required 

by ordinance of the City of Albany, Georgia. These ordi­

nances of the City of Albany are enforced by the Chief of 
Police of the City of Albany, and all other police officers 

under his jurisdiction, management and control. Buford 
Collins is the Chairman of the Police Committee of the 
Board of Commissioners of the City of Albany."

There’s a section in here somewhere - I don’t 
want to read the whole suit - where It says that a part 

of the public transportation facilities has been discontinued. 
Bo you recall reading that In the copy of the suit that you 
had, that only a part of the --

THE COURT: That’s over toward the end, Mr.
Rawls.

MR, RAWLS: How is that, Your Honor?

THE COURT: That’s over toward the end of the
petition of the complaint. You'll find It toward the end, 

■Q Mr. Rawls: It says, "Plaintiff, W. G.
Anderson, has petitioned the defendant Board of City



69 B
Hearing on Motion For Preliminary Injunction, Nos.730, 731

Commissioners to permit the Cities Transit, Incorporated, 

to operate Its buses on a non-segregated basis, but these 
defendants have failed and refused to do so as a result of 

which the Cities Transit, Inc, has abandoned most of its 
transportation service in the City of Albany since the 

Plaintiffs and members of their class have refused to ride 

the Cities Transit buses on a segregated basis and have 

refused to ride them on an integrated basis out of fear 

of arrest and harassment by the police officers and prosec­
uting authorities of the City of Albany."

Now, do you know of any portion of the Cities 
Transit service that hasn't been discontinued?

A All of the busses which were used for public 

transportation have been or are no longer in use. The 

reason I'm hesitating is because they did have a contract 
with Turner Air Force Base or the Marine Base for the 

transportation of some children to a school; and I think 
that has been fulfilled. But Insofar as any public trans­

portation system but system In the City of Albany, there 
is none, and I am, informed that all of the busses have 
teen sold except two,

Q. Do you know of any prosecution that's been 
hade against the bus company before they went out of 
business or any passenger or customer of theirs on the 

basis of this section 1 , this ordinance regulating the 
operating of busses?

A I do not.



70B
Hearing on Motion For Preliminary Injunction, Nos.730, 731

Q We come down now to Section 2: "White and 

colored passengers shall not be carried at the same time 

in any taxicab for hire in the City of Albany,* provided, 
that this section shall not apply to colored nurses or 

other servants when accompanied by white children in 
their charge":

Now, since you've been Mayor for 2-3/4 years,

I believe it is today, do you know of any prosecution 

that's been had or any arrests that have been made by 
virtue of the operation of that ordinance?

A I do not.

Q Now, we come down to Section III. "All persons, 
firms or corporations, who sell or otherwise dispose of 

tickets, coupons, or cards for admission to any theater 

or place of amusement in the City of Albany, shall have 

separate places for the sale of said tickets, coupons, or 

cards, to white and negro persons to form separate lines 

or groups whai assembled for the purpose of procuring 
said tickets, coupons, or cards":

Do you know of any arrests that have been made 
or cases that have been made or docketed relating to a 

violation of that ordinance?

A I do not.
Q "SECTION IV. It shall be unlawful for any white 

person to stand, be or remain in any line or group formed 
°f colored persons, or for any colored person to stand, be 

or remain in any line or group formed of white persons when



7 IB
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

"assembled for the purpose of procuring said tickets, 

coupons or cards. It shall likewise be unlawful for any 

person to remain In a seat or compartment of a bus other 

than to which he has been assigned":

Do you know of any prosecution that's been had 

under the provisions of that section of the ordinance?

A I do not.

Q Has anybody ever complained to ycu as Mayor of 

the City that anybody connected with him or under his 

protective care has ever been involved in a prosecution 

by any police officer?

A Mo.

Q Now, of course, Section V is just simply the

penalty clause and, of course, not having heard of any 

prosecution, you don't know of any abuse by anybody with 

reference to any charges under either of the four other 

sections?

A I do not.
Q Now, Plaintiffs' 3 is In relation to an

ordinance requiring, "Each and every vehicle licensed to 

carry white passengers shall have a sign plainly painted 

on each side, and on the rear the words 'FOR WHITE'; and 
each and every vehicle licensed to carry colored passengers 

shall have a sign plainly printed on each side and on the 

rear the words 'FOR COLORED'":
Do you know of anybody or have you heard of any 

instance of any complaint that anybody has been arrested 
for a violation of that provision of the City ordinance?



72B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731 

A None to my knowledge.

Q As a matter of fact, Mr. Mayor, hasn't the 

policy of the City been not to enforce ordinances which 

specifically spell out segregation, since it has been known 
that the Supreme Court of the United States has stricken 

down such ordinances?

MR. HOLLOWELL; Of course, I would object to that, 
Your Honor, on the same ground that counsel has been 

raising all day, that the policy would be a matter In 

writing coming from the minutes of the Board.

MR. RAWLS; They're complaining about the

existence of the ordinances, Your Honor; and just 

because a void ordinance is on the City's Code, if the 

City is not enforcing It, I don't see how that could 

aggrieve anybody too much; It doesn't hurt them.

THE COURT; But official policy would have
to come, as we have previously noted this morning, 

official policy would have to come from ordinance or 

regulation. So, I think the objection is good. He can 

testify as to what they have done and what they have 
not done, but official policy would have to be reflected 

In some ordinance or regulation.

MR, RAWLS; All right, I withdraw that

question about the official policy.
Q What has been done within your knowledge with 

reference to the persons charged with the enforcement of 
Penal ordinances of the City of Albany, relative to the



73B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

enforcement of either one of these ordinances that I've 
just read to you?

A There have been no cases whatsoever made against 

any one based on any segregation ordinance, to my knowledge.

Q Now, Mr, Mayor, here on this classification,

No, 7-is "police brutality", what do you know about "police 
brutality"?

MR?, MOTLEY: Now, we object, Your Honor, on

the ground as the Plaintiff pointed out before - 

as plainly pointed out by Your Honor, that the Plaintiff 

does not request any action by this Court with respect 

to police brutality.

THE COURT: Yes, it was my view stated as

counsel will remember during the course of the hearing 
in Civil Action No. 727 and it is still my view, now 

that we are hearing the matters together, that any 

testimony concerning any instances of any alleged 

mistreatment of anybody In connection with any arrests 

or what not would not be pertinent in the hearing of 

this matter; but it would be peruinent if that individ­

ual wants to make a complaint under any appropriate 
civil rights statute or any other statute. But I don't 

want to get Into that area In the hearing on this case. 

That was my view of it and it's still my view. I don't 

want to get Into that.
Q Mr. Rawls: Well, we'll go down to No. 8

there, Mr. Mayor, "Municipal employment to be sought in all



7̂ B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731,

"areas with emphasis and priority on the police force and 
utilities".

Tell us all you know about members of the Negro 

race's connection with police activities here, police 
officers?

MRS. MOTLEY: May it please the Court, we
object on the same ground, that Plaintiff is not 

seeking any relief with respect to this Item; and 

we didn't go into It either on our direct examination 

or cross-examination.

THE COURT: Yes. My recollection Is that

that was gone into somewhat or that was gone into 

some in connection with previous hearing In Civil 

Action #727. Does this only relate to employment 
by the City?

MR. RAWLS: It says "Municipal employment to

be sought in all areas with emphasis and priority on the 

police force and utilities".
THE COURT: Well, that was not gone Into in

#727. I was thinking with relation to employment in 
various business establishments and that was gone into 

somewhat in 727. But I'm going to sustain the objection. 

I don't think we need to go into that because It Is not 

involved in any of the counts.
MR. RAWLS: I think - I was thinking perhaps

that it might be Involved in 730, where they undertake 
to restrain the City from — • well, I don't insist on It.



75B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: Yes, I don't think that's proper
area, let's don't go into that.

Q Mr. Rawls: No. 9 here is "jury representation";
What does the City of Albany have to do with who gets on the
jury?

A

Q

Absolutely nothing.

No. 10 is "Job opportunities in privately owned
facilities catering to negro trade": What jurisdiction 
does the City of Albany pretend to have or assume over the
operation of purely private business?

A None.

Q Now, I believe this document is In the nature of

a certificate from the minutes of a meeting of the Albany 
Movement; is that what you regard it as?

A I have a copy.

Q Well, I ask you to state whether or not It's
addressed to the City Commission?

A It is not.

THE COURT: Is that Plaintiffs' Exhibit #1? 
MR. RAWLS: Plaintiffs' Exhibit #1.
The Witness: Yes sir.

Q, Mr. Rawls: Do you have a copy of page 2
on there, on this exhibit?

A Yes sir.

Q Have you paid any special attention to the last
two paragraphs of the last page? 

A I've read it.



Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q On the basis of what’s contained in those two 

paragraphs, would you or not regard this as a threat 
rather than as a petition?

A It was so regarded by the City Commission.

Q As a threat, rather than a petition?
A Yes.

Q, Do you recall the manner in which this document 

came Into the possession of the City Commission; do you 
remember the events?

A I do not. I think it was sent by messenger but 
I just simply don’t recall. I do know It was received, 

however.

Q Mr. Mayor, as an official of the City of Albany 
have you ever knowingly or Intention ally withheld any 
right of any citizen guaranteed to them by the Constitution 

of the United States?

A My responsibility as the Mayor of the City of 

Albany as is the responsibility of the members of the 

Commission Is to uphold the laws and ordinances of our City, 

and that's what we have attempted to do and apply them 

equally to all people.

Q Has any action, any official action on your part 

ever been directed to any particular racial group on account 
°f their race?

A No.
Q Mr. Mayor, In your opinion, in the event desegre­

gation of the public recreation facilities are ordered and



77B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

decreed, I ask you whether or not the City will be compelled 

to go out of the public recreation business and sell out the 
facilities used for that purpose?

A I would not presume to speak for the Commission, 

for the reason that no official action has been taken. In 

my personal view, the City of Albany would be obligated, 

in order to protect all of its citizens from harm and 

violence, to discontinue any of the activities which would 
require personal contact between the races.

And I say that for many reasons, one of which 

Is that the people in this area feel very strongly that the 

cultures are so different and the habits are so different 

that it would be improper at this time to have a mixing 

of the races in those areas which would require personal 

contact.

I might add, and I am certainly not trying to 
cast any aspersions against any one or any race, but the 

facts are that some 76 per cent, of the felonies committed 

in this County are committed by the members of the Negro 

uacej and, in my judgment, the social, economic, religious 
arid cultural backgrounds of some members of the Negro race 

have not yet reached the point where you could in harmony 

have a mixing of the races in those areas which would involve 

Physical contact,
Q Mr. Mayor, do you remember when this hearing was 

adjourned, by this Court on August 8, to be reconvened for 

further hearing and the taking of testimony? That was



78b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Civil Action No. 727^ I believe. I'm refreshing your 

recollection as to the date, I'm sure you remember?
A August 8?

Q Yes?

A Yes sir.

Q Do you know of any, has it come to your notice
or attention that any activities of the Albany Movement 

have ensued since that date, that might be construed to 

tend to disturb the peace and tranquility of this City?

MRS. MOTLEY: May it please the Court, we are
now going Into something which was not brought out on 
direct examination.

THE COURT: Yes, if you want to go Into that,
of course, it's all right to go into It; but if you 

want to go into it, I suggest that you wait until you 

present your side of the case and put the witness back 
on the stand.

MR. RAWLS: Very well, Your Honor.
Q Now Mr. Kelley, the customs and practices that 

you have testified about in the City of Albany, are they 
of recent vintage or are they of long standing?

MR. H0LL0WELL: Now, may it please the Court,
"these practices" that he's talking about, what practices 
and customs?

MR. RAWLS: I'm talking about all the

practices and customs and uses that he's talking about, 

whatever they are. I want to find out if he started



79B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

them out. I want to find out if they are the product 

of his - did he think them up and start those practices 

or did somebody else start them.

THE COURT: Well, I presume that you're

referring to the custom and usages with relation 

to the library -

MR. RAWLS: And the swimming pools.

THE COURT: - and the swimming pools and

parksj is that what you're referring to?

MR, RAWLS: That's correct.

THE COURT: All right.

Q Mr. Rawls; Now, were those customs and

practices in effect when you went in as Mayor or did you 

and your crowd establish these practices?

A it has been the custom and tradition since the 

inception of Albany, as I recall It. The history of Dougherty 

County indicates It's always been the custom, and certainly —  

Q, How much of that history have you observed?

How old are you, Mr. Kelley?

A I am 40.
o 40, you probably didn't start to doing any heavy

observing until you were 8 or 10, did you, I don't Imagine?
A Yes, I didj as a matter of fact, I've walked the 

streets of Albany since I was around 6.

Q Did you have a paper route?

A No, I sold ice cream on the streets.
Q Did you sell It at a reasonable figure or not?



80B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A Yes, and I made a reasonable profit.

Q So, the customs and practices have prevailed 
ever since you can remember, is that right, Mr. Kelley?

A Yes sir.

Q And from a historical standpoint, I believe you
say from the very inception of the City Itself?

A That Is my understanding.

MR. RAWLS: I think that's all I care to
ask the Mayor at this time.

ADVERSE - REDIRECT EXAMINATION
BY MRS, MOTLEY:

Q. These customs which you've just referred to

are the customs and practices of segregation, aren't they?

A They are the customs and practices adopted by 
both the Negro and the white community as to the use of 
'public facilities.

Q When did the Negro community adopt that custom?
A When they began using the facilities.

Q Did they provide these facilities themselves?
A No, they did not. The City of Albany provided them

with the use of tax funds, some five per cent, of which 
the Negro community contributed,

Q In other words, separate facilities were provided 
for the Negroes by the white community, weren't they?

A By and large, yes.

Q And these segregation policies and customs, 
wnlch you say have been here since the founding of the



8ib

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

City, are in accordance with the segregation policies, 

laws and regulations and these ordinances, aren’t they?

A I'm not quite sure that I understand your 

question specifically. Will you take them one at a time?

Q Yes, we're trying to get at the origin of this 

custom you're talking about?

A Yes.

Q Now, this custom of segregation is based on
Georgia laws requiring segregation, isn't it?

A There are laws In Georgia requiring segregation,
yes.

Q And this policy is pursuant to those laws?

A In certain areas only.

Q Yes, segregation is pursuant to state law, Isn't
it, in many areas?

A No, I think not; in just very few areas, as a 
batter of fact.

Q What about schools, have you state laws which 
require —

MR. RAWLS: Now, If Your Honor please, I
object to bringing up about the schools. They're not 

mentioned either In the petition or the petition or the 

threat, whichever it may be determined It is, to the 
City Commission or In the complaint.

THE COURT: Yes and, In addition to that, it

calls for a legal conclusion on tne part of the witness. 
I sustain the objection.



82B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MRS. MOTLEY: I was trying to establish whether

the policy which he says operates here with respect 

to these facilities that we're trying to get desegregated 

Is a custom and policy pursuant to state law. I wasn't 

trying to get the schools desegregated but I was only 

trying to establish that there are state laws requir­

ing segregation and this policy or custom that he's 

talking about is In accord with those state laws.

THE COURT: But the question relates to
schools and that is not at issue in this case. I think 

he's already said, already testified that he knows 

that there are some state laws in some few areas.

I think he said that. So, you may pursue that, if 

you wish by asking him In what areas —

MR. RAWLS: Now, if Your Honor pleases, it
is a fact that there are no state laws which require 
segregation.

THE COURT: Well, that's the reason I said,

the question asks the witness for a legal conclusion 
and was not objected to on that basis; but I suggest 

that no such question should be asked the witness as 

to what the state laws are, whether there are state 

laws with regard to such and such. As a matter of fact, 

my recollection is that the state law to which counsel 
refers îras probably repealed some time ago,

MRS. MOTLEY: I was trying to get at the origin
of the custom. There were such laws at one time.



83B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Well, let me ask you this, Mayor Kelley; Based 

on these state laws which you have had in schools and other 
areas, you understand, don't you, that the policy of the 

State of Georgia has been segregation In public facilities, 
don't you?

A I'm not in position to speak for the State of 

Georgia. I can speak for the Oity of Albany, but I can't 
speaking for the State.

Q Well, let's speak for the City of Albany then; 
what the policy in the City of Albany, as reflected 

by these ordinances; it's been a policy of separate but 
equal, hasn't It?

A That has been the custom and tradition of the 
City, yes.

Q And this custom and tradition that you spoke 
about In relation to the library and the parks is a part 

of that policy and custom In the City of Albany of segre­
gation, isn’t it?

A I know of no policy that the City has announced, 
either by ordinance or resolution. It has been the custom 

and tradition of all of the people in the City, yes.

Q Now, I think you said that Dr. Anderson, on 
behalf of the Albany Movement, has requested orally desegre­

gation of all of the facilities in the City of Albany, is 
that right?

A Yes, whether or not he's mentioned each 
facility specifically I don't recall, but I'm sure that 
was his intent.



84b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q, All right, well, what about the City -

MR. RAWLS: Now Your Honor pleases, I move

to exclude from the record and strike from the record 

any matter that Dr. Anderson had had up individually 

with the Mayor, because what he and Dr. Anderson 

talked about, of course, would not even be notice to 
the City of Albany.

THE COURT: The fact that Dr. Anderson talked

to him, to Mr. Kelley, I presume he talked to him as 

the Mayor. I realize that that would not be binding on 

the City Commission, and I'm not going to consider it 

in that light at all; but just simply the question is, 

whether they have had discussions about it. I'm going 
to allow. I overrule the objection.

MR. RAWLS: And you're not going into what
the discussion was?

THE COURT: I don't think it would be appro­
priate to go into the details of some conversation 

because it couldn't reflect may official attitude 

on the part of the City Government. It would just 

be his personal attitude. But the fact that they had 
conversations about these problems, I admit that.

Q Mrs. Motley: Let me ask yoa this, has Dr.
Anderson discussed with you as the Mayor of the City of 
Albany desegregation of all of the public facilities of 
the City of Albany?

A He has discussed ■—



85B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR. RAWLS: Now, Your Honor pleases, that

question, to answer that question would necessarily 

violate the Court’s ruling about what was brought out 

in those conversations.

THE COURT: Yes, I think the question does,
that the question does go too far about what was 

discussed. In other words, when you say "did you 

discuss each one of these things", that gets Into the 
substance of the conversation. I will allow you to 

ask him whether they had discussions about the general 
petition and the general problems presented by this 

litigation, but not specific reference to specific 
matters.

MRS. MOTLEY: I'm sorry; I don’t know that I
understood the last part. You say you would permit us 

to ask about specific facilities?

THE COURT: No, that’s what I want to keep
away from, because he couldn't, one member of the 

Commission or as the Mayor - I'm not sure whether 

he is a member of the Commission or not - he could 

not bind the Commission by anything he said. Suppose 

I ask him this question -

MRS. MOTLEY: All right.
THE COURT: - and maybe It will satisfy

everybody, Mr. Kelley, during the months that have 

passed, during the last 10 months, have you from time 

to time had discussions and conversations with Dr.



86b

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Anderson as a representative of the Albany Movement

about the various problems which are Involved in this

litigation which Is before the Court?

The Witness: I have on many occasions.

Q. Mrs. Motley: Now, do you have an auditorium
here In the City of Albany?

A We do.

Q Is the seating in that auditorium segregated?
A That's a matter which addresses itself to the 

lessee of the auditorium. When an application Is made for 

the use of the auditorium, we either grant it or refuse It. 

If it's grante , then the organization using the auditorium 
decides how and in what manner the people invited to attend 
will be seated.

For example, we, until all of this disturbance 
started, were blessed with many conventions; and many of 

these conventions would use the auditorium and many of 
the organizations would have Negro as well as white 

members and they would attend these meetings based on 

the rules and regulations of the organization itself.

Q Now, Is that auditorium owned by the City of 
Albany ?

A It is.

Q Is that auditorium under the jurisdiction of
the Board of City Commissioners?

A Directly under the City Manager and generally 
under the city Commission, yes.



87B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Has the auditorium been leased to a private 
lessee, is that your testimony?

A No, that is not my testimony. My testimony Is 

that the use of the auditorium is treated and is the same 

as a lessor-lessee agreement to an individual, who makes 
an application to the City Manager for the use of that 

auditorium.
Q Now, let me ask you this: What is the racial 

policy of the City of Albany with respect to the use of 
that auditorium?

A There is no ordinance or resolution relative 
to segregation or Integration at the auditorium.

Q Now, what Is the custom with respect to seating 
in the auditorium of the City of Albany?

A The custom is determined by the person using 
the auditorium, the person or the organization using the 

auditorium. Frankly, I don't recall any use of the audi­

torium recently by the City itself. Now, it's used on 
many occasions by organizations. It's used on many 

occasions by Negro as well as white groups and, of course, 
we turn down the use or applications for the use of the 

auditorium on occasions! but It's done, not on the basis 

°f integration or segregation, but iu's because we think 
that the organization trying to use it would do more harm 

to the City than any possible good that could be served.

Q I don't know if I understand?

A I don't know of any Negro group that's ever



88b

Hearing on Motion For Preliminary Injunction, Nos, 730, 731

been denied the use of the auditorium.

Q Now, when the auditorium Is leased, do you sometimes 
lease It to private citizens for public affairs, is that 
right, to which the public Is invited?

A Yes.

Q, And you sometimes lease the auditorium to private

individuals for private functions, limited to the membership 
of the organization?

A Yes.

Q Now, with respect to the leasing of the City

auditorium for functions to which the public is Invited, 
is there any requirement on the lessee as a matter of City 

policy that all citizens be permitted Into the auditorium?

A There Is no ordinance or resolution governing it.
Q Is there any custom?

A The custom over the years has been, as I under­
stand it, where you have mixed groups, for there to be 

one area used by the Negroes and other areas used by the 

whites; but there is no ordinance or resolution requiring 
that, to my knowledge.

Q 'What about rest-room facilities in the auditorium, 
are they segregated?

A I can't answer - honestly answer - that question.

I haven't been In that auditorium In so many years I just 
simply don't know.

Q All right, has the City Commission discussed that 
custom of segregation in the City auditorium within the last



89B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731 

three months?

A I don’t know that they've discussed that specific 
area. I asked the City Manager this morning, in the 

presence of one or two of the Commissioners, to refresh 

my recollection as to how a person goes about getting the 

use of the auditorium; and it was pointed out at that time 
that the organization or group using it determines whether 

it will be segregated or integrated, if that’s what you 
mean?

Q. In other words, the policy of the City is to 
let the lessee determine whether the affair will be segre­
gated or Integrated, is that it?

A I know of no policy of the City. That’s been 
the practice that's been followed, yes.

Q Now, this PLAINTIFFS' EXHIBIT #1, you've always 
understood this to be the petition of the Albany Movement 

to the City of Albany regarding the public facilities, 
haven't you?

A I have known of its existence since I received 
a °opy of it; and, as you will note on page - I think it's 

Page 2 for you and page 1 in this one - the minutes of the 
meeting of the Albany Movement Indicate that if complete 

desegregation is not accomplished, other positive action 
would be taken; and that was considered by the Commission 
as a. threat.

Q As a. threat to what?

A To unlawfully violate the ordinances of the City
°f Albany.



9033

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q But a copy of this, you testified didn't you 

in #727 and in this hearing today, was presented to you 
by Dr. Anderson; Isn't that your testimony?

A I don't recall what my testimony was and I 

don’t recall exactly how I got it. I do admit I got a 

copy. Now, whether Dr. Anderson brought It to me or sent 

it to me or that it was the result of a meeting, I just 
simply don't recall.

0, But it's always been your understanding, 

hasn't It, that this Is what the Albany Movement wanted 

the City to do; that is, desegregate the public facilities 

and other facilities outlined In this Plaintiffs' Exhibit 

#1?

A Yes, that's what It says. And it further says that
if the City doesn't do it, then positive action will be 

taken by the Albany Movement; at least, that’s the way I 
interpret It.

Q Well, what I was trying to get at is that, there's 

no doubt In your mind that this was a petition by citizens 

to their government to desegregate certain public facilities, 
right?

,v- MR, RAWLS: Now if Your Honor pleases, I object
to the document being referred to as a "petition" 

because It's not addressed to anybody, but It's a 
copy of a resolution. It's not a petition.

THE COURT: Well, of course, she's using the
word "petition" and if the witness doesn't regard it



91B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

as a petition, he can answer the question that way.

I realize there's a difference between counsel and 

the witness as to what it Is, apparently. So, that's 

her interpretation of it. Now, if it Is not the witness' 

interpretation of it, he can so state.

MRS, MOTLEY: I was trying to get what the

witness understood this to be, whether he understood 

it to be a demand by the citizens to a City body to 

desegregate the facilities.

Q Is that your understanding of what this is?

MR, RAWLS: I believe the witness testified,
Your Honor, that he considered it as a threat,

THE COURT: Yes, that was his testimony,
but he's on cross-examination and he can take care 
of himself, I'm sure.

A The Witness: Would you repeat your last
question?

MRS. MOTLEY: Do you want to read the last
question, please?

THE REPORTER: (Reading): "I was trying to
get what the witness understood this to be, whether 

he understood It to be a demand by the citizens to 

a City body to desegregate the facilities, Is that 

your understanding of what this is?"

A The Witness: I certainly consider this

document as a statement of the Albany Movement relative to 

Methods to be employed In achieving desegregation, yes.



92b

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: Suppose right at that point,

we take a recess now until 2 o'clock.

LUNCH RECESS: 12:25 PM to 2;00 PM 8-31-62

Q Mrs. Motley: I believe when we adjourned

Mayor Kelley, I was asking you about Plaintiffs' Exhibit #1, 

and I wanted to clarify the record to the extent of asking 

you again, whether you received a copy of this document?
A I did.

Q Now, is it your testimony that the ordinance
requiring racial segregation in taxicabs has not been 

enforced since you have been the Mayor of the City of 
Albany?

A To my knowledge, there have been no arrests 

bade in the City of Albany during the time that I have been 
Mayor based on that ordinance.

MRS. MOTLEY: That is all the questions for
this witness, Your' Honor.

THE COURT: Anything further from this
witness?

MR, RAWLS: One question, Your Honor.

RECROSS EXAMINATION
BY MR. RAWLS:

Q Mr. Kelley, the custom and practice of segregation 
ln the City's recreational facilities, library and auditorium, 
to which you referred was a voluntary custom formulated by 

the people, both white - and colored, is that correct?



93B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A The custom and tradition has been based on 

voluntary action on the part of Negroes and whites.

THE COURT: Allright, anything further?

REDIRECT EXAMINATION
BY MRS. MOTLEY:

Q Who are these volunteers on segregation that 
you're talking about?

A All of the citizens of Albany and Dougherty 
County were until such time as demands were made by members 

of the Albany Movement and CORE and SIN CO and Rev. King 
and other outside agitators last year.

Q Was there a meeting at which the Negro and white 
citizens came together and agreed to voluntary segregation?

A I'm aware of no such meeting.

Q Didn't you testify a while ago that you had such 
customs since the founding of the City of Albany?

A I think that's true.

Q So that, this Is a custom and tradition that 
existed long before any person living today, isn't that 
night?

A That Is very true.

Q Do you know of any Negro officials that ever 
Participated in the formulation of this policy at the 
beginning of the City or since that time?

A I would have no personal knowledge of any 
individual that participated in the formulation of any 
Policy, no - at that time.



Hearing on Motion For Preliminary injunction. Nos. 730, 731

Q Well, since you have teen Mayor, do you know 
of any Negroes who have participated in any agreement 
for voluntary segregation?

A I don't know of any agreement. It's been 
a voluntary practice on behalf of both the races here.

And I might add that under this system the Negroes have 

done extremely well, as compared to the things they had 

30 years ago, as evidenced by just one example, the school 

system in Dougherty County. We have just completed a new 
junior high school for the Negro community and I am 

informed and believe that it's the only air-conditioned 

school In the State of Georgia. And 38 out of every 100 

school children in Dougherty County are Negroes. And yet, 
the Negro community only contributes slightly more than 

$4 out of every $100 for the maintenance and operation 

of these school systems. And I could give you example 

after example of where the Negroes have done very well 

hy themselves and, in my judgment, a great majority of 

them are very happy to have the facilities. For example, 

the new library and the Carver Teen Center and Carver 
Park, and other facilities provided.

MRS. MOTLEY: I think that's all.

RECROSS EXAMINATION
BY MR. RAWLS:

Q Mr. Mayor, is it your opinion that whatever 

unrest that's prevalent here is created by outside agitators 
and not the local citizens; Is that your testimony?



95B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A I think it was precipitated by those outside 

agitators, yes. Of course, you have some of the local 

citisens who have assumed the roles of leadership in the 

movement and, of course, they are not satisified with the 
system that now prevails.

THE COURT: All right, you may go down.

MRS. MOTLEY: We would like to call as the
next witness, Ollie Luton.

*  # # *



96b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR. OLLIE LUTON

witness called and sworn in behalf 
of Plaintiffs, testified on

DIRECT EXAMINATION
BY PE. HOLLOWELL:

Q Mr. Luton, are you engaged in the cab business, 
taxicab business?

A Yes, I am.

Q Were you so engaged on the 13th of April, 1962?
A Yes.

Q Beg pardon?

A Yes, I was.

Q Was that engagement In the City of Albany?

A Yes. Colonel, it was the 9th of April, wasn't it? 
Q On or about that time?
A Yes.

Q I will ask you whether or not there is a sign 
on the side of your car indicating that is your taxicab, 

indicating the racial identification of persons that you 
can ride?

A Yes, there is.

Q ’What does it say on it?

A "Colored only".

Q Why is that on there?

A I wouldn't know.
Q Let me show you PLAINTIFFS’ EXHIBIT #5 ana ask you

have you ever seen it before; that is PLAINTIFFS’ EXHIBIT 
for identification No. 5? Did you receive that?



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
97B

A 5?

Q No, I mean that’s just our number. Have you 

ever received or seen this particular document before?
A Yes, I have.

Q You have? What was the occasion, will you relate 
how you came into possession of it?

A Well, I had a call to Turner Field.
Q A call to Turner Field?

A On April 9, to the Officers' Club.

Q The Officers' Club at Turner Field?

A At Turner Field, and I went there; and I went to 

the kitchen and the help come out and told me that no one 
there called a cab.

Q I see; now, Is the help there white or Negro?
A They're Negroes.

Q And then what?

A Then, I started on off and then three white guys, 
they whistled me down and I stopped. They asked me for a 

lift to town. I told them I could not ride whites. They 
said, "If you just carry us", said "we'll stand twixt you 
and the law." I said, "Well, I hate to see you stranded 

and I'll give you a lift to town if you say you'll stand 
twixt me and the law."

Q Did you give them a lift to town?

A I give them a lift to town.

Q Was this on a pay basis?
A No, no.



98b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q You did arrive in town, did you not?

A Yeah, I arrived in town.

Q Tell me what happened after you got to town?

A After I got about a mile of town, a car rolled

up behind me and tbrowed his bright lights on me and then 

he cut them back down to dim. I told than, I said "Now, 

dat’s the law". Sho nuff, it was the County cops. And so 

they trailed me on to town, and at the far end of the bridge, 
there was sane cops on that side on motorcycle, and one 

was caning down the bridge and met. He turned around 
and trailed me back and stopped me, told me to stop on 
the far end of the bridge.

Q Was this the City police?
A Yes, it was.

Q All right, and then what happened?

A And then, when I stopped on the far end of the

bridge, he rolled up there and he say "What you doing 

hauling whites?" I said "I just only give the gentlemen 

a lift tom." And he axed them, said "Didn't you see 

that sign on the car, for colored only?" They say, "I 

didn't pay it no attention." He say, "Well, stand over 
there, I'll call you a cab".

MR. RAWLS: Your Honor, I object to this.

This would be hearsay, I believe.

The Witness: He say "I’ll call you a cab".
THE COURT: Just a moment!

MR. RAWLS: I object to this as hearsay



99B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: Yes, this conversation with

other people unidentified. Of course, I know you 
didn’t ask him about the conversation, but don’t 

repeat statements other people made unless they’re 
parties to this litigation.

MR. HOLL0WELL: You don’t mean to indicate that 

he might not relate the conversation with the Police 
Department?

THE COURT: Which is a representative of the
City of Albany.

MR. KOLLOVELL: You say If he is a representative?

THE COURT: Yes, policeman of the City of
Albany.

Q Mr. Hollowell: Now, you say the policeman said 
what to you?

A They told them, said "Did you see that sign on the
car?"

Q Just a moment, excuse rnr, Mr. Luton; what the 

Judge is saying, you can’t say what the white men said 

insofar as that conversation went; now, as to your 

relationship and the conduct and the statements relating 

to what the police said?

A Well, he asked me for my permit.
Q He asked you for your permit?

A Yes.
Q Did the policeman permit the white men that you

were bringing in, in your cab, to continue in your cab?



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
100B

A No, he didn’t; he told them to get out and get 
on the other side and he would call them a cab.

Q Now, what was the result of the taking of your 
permit?

A Because they was in the car, I reckon; that’s 
all I could see.

Q Were you give a summons or not?
A Yes, I was.

Q Did you go to court?

A I went - I didn’t go to court. My lawyer went 
for me.

Q He went for you?

A Yes.

Q Let me show you - I believe you said this 

PLAINTIFFS’ EXHIBIT #5 for identification is the summons 
that you received?

A The summons I received.
Q Pursuant to your transporting these white 

passengers on even a non-paying basis?

A Non-pay basis, that’s right.
Q I show you P-6 and ask you whether or not that’s 

a receipt for the fine?

A This is reoeipt for the fine, $17.

Q Now, how long did they keep your permit?

A 10 days,
Q Were you able to operate during that 10 day period?

A No sir, not nary bit.



Hearing on Motion Fbr Preliminary Injunction, Nos. 730, 731
101B

Q How much would you suggest that you lost during 
that period by not having it?

A Colonel, I suggest, the lawyer I paid him $25 

and the $17, I figure I lost $200 because both of them 
was week-end cases.

MR. H0LL0WELL: He’s with you.

CROSS EXAMINATION
BY MR. RAWLS:

Q How long have you been operating a cab?

A I’ve been operating a cab ever since '36, the 
second Monday in July, *36.

Q I suppose if you knew of any other instances 
similar to this, you would certainly have told about it?

A Well, I would have if there was any except this.

Q You’ve been operating since 1936?
A ’36.

Q Let’s see, that’s 26 years?
A 26 years.

MR. RAWLS; That’s all.

REDIRECT EXAMINATION
BY MR. H0LL0WELL:

Q Have you had any occasion to ride whites before? 
A How is that, Colonel?

Q Have you ever ridden white people in your cab 
before?

A Yes, I used to have as many white customers 
as I did colored, when it was that way; but since they've 
changed, I haven't done it.



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
102B

Q How long has this change been in effect, to 
your knowledge?

A I can’t remember, twixt ’46 and ’45.

Q Mould you like to be able to ride any one who 
wanted your services?

A I would feel proud to do so.

MR. HOLLOWELL: You may cane down. May this
witness be excused, Your Honor, so he can go back?

THE COURT: If there is no objection.

MR. HOLLOWELL: Mr. Rawls, do you have any
obj ection?

MR, RAWLS:

MR. HOLLOWELL:

No objection.

You may go then.

DR. W. G. ANDERSON
a party Plaintiff, called and 
sworn as witness in behalf of 

Plaintiffs, testified

DIRECT EXAMINATION
BY MR. HOLLOWELL:

Q Dr. Anderson, you heard the testimony this 

morning of the Mayor; I ask you whether or not you ever 

had the occasion to indicate to the Mayor and any other 
City officials the fact that you were petitioning in behalf 

of the Albany Movement and other Negroes, including yourself, 

for the desegregation of all publicly owned facilities?

A Yes, this has happened on several occasions.
Q Would you indicate when those occasions were,

insofar as you can recollect?



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
103B

A Well, I recall the first occasion as being in 

February of 1961, when I went to the Mayor's office and 

discussed with him the conditions existing in Albany, 

which I find as an individual to be repugnant; and I 

asked that a bi-racial ccranlttee be established for the 
purpose of bringing about a peaceful desegregation of the 

public facilities of the City of Albany. The Mayor did 
not reply at all to this request.

Again, in November of 196I, I went to see the 

Mayor, along with three other persons, and presented the 

Mayor with a copy of the minutes of a meeting that had been 

held with a group of leading citizens in the community and 

other interested persons, again asking that the Mayor 

prevail upon the City Ccranission to seek means of peace­

fully desegregating the City of Albany's public facilities.

Q Now, I show you Plaintiffs' Exhibit #1 and 

ask you if this is the copy of the minutes to which you 
refer?

A That is correct.

Q Now, how did you say it was delivered?

A In person.

Q By you?
A By me.
Q Now, were there other occasions?

A Since that time there have been, well, literally
numerous occasions when I have discussed the problems of 

segregation in the City of Albany with the Mayor and the 

impact on the Nation and the detrimental effect on the



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
104b

Nation’s image as a world leader in a democratic society; 

and have asked repeatedly that seme means be devised 
whereby the City of Albany can peacefully desegregate its 

public facilities.

I further urged that he recognize the inevita­

bility of this social evolution being upon us and, if we 

do not take sane constructive measures to bring about a 
peaceful desegregation, the chaos and confusion would 

undoubtedly occur.

Q Did I understand you to say that you had the 

occasion to appear personally?

A That’s correct. I went to the Mayor’s office 

first and we discussed it. He indicated to me - this was 

in November - he indicated to me that he would take it up 

with the City Commissioners and I could anticipate or we 
could anticipate a response from the City Commission at 

their next regularly scheduled meeting. And I don't remember 

the date of that meeting but it was the very next regularly 

scheduled meeting after November 17.

I went to that meeting and I sat through the 
entire City Commission meeting and listened to all of the 

discussions which ensued, and no mention was made of the 
petition or the discussion which I had had with the Mayor.
At the end of their or at the coupletion of the agenda, 

the Mayor asked if any person present had any matters 
they wanted to present to the Commission, and at that 

time I asked for a reply to the petition which I had 

submitted; whereupon, the Mayor advised me that this



Hearing on Motion For Preliminary Injunction, Nos. 730, 731

matter had been taken under consideration by the City 
Commission and found no cannon grounds for agreement. 
Whereupon, I replied this is unfortunate and regrettable 

and not to the best interest of Albany.

Q Did the Mayor make any comment at that time?

A I left at that point,

Q Now, were there any other discussions - strike that 

Mr. Reporter and let me ask you this ~ Have you ever at 

any time received any document from the City Commissioners 

or the Mayor, which in fact responded to the petition 

which you had made for desegregation of all of the publicly 

owned facilities?
A Yes, I went before the City Commission with 

representatives from the Albany Movement on January 23,
1962, again seeking the establishment of a biracial 
committee to study the problem of segregation and seek 

means of desegregating the public facilities of the City 
of Albany; and we were advised at that time that the 

matters involved would necessitate some discussion and 

we could anticipate an answer within 10 days.
We did get such an answer to the form of a 

letter that was signed by all of the members of the City 

Commission.
Q Did it address itself to the doing of anything 

relative to desegregating any of the public facilities?
MR. RAWLS: Now, if Your Honor please, I

believe the witness stated that there was a letter;
if so, the letter would be the highest and best evidence.



106b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Mr. Hollowell: I'll ask another question; Do you
have a copy of that letter?

A Yes, I do and a copy of the letter is in evidence 

here. I saw it this morning. I guess it has become a part 
of the record.

Q Do you have reference to this PLAINTIFFS' EXHIBIT 
#HS as identified?

A That's correct. This is the letter and it, of 

course, was signed by all of the members of the City 

Commission; and that's not, that part is not on here.

Q In your reading of it did you ever see anything 

which addressed itself to the problems of the petition 

which you had submitted?

A There is nothing in here that is consistent 
with the items mentioned in the —

MR. RALLS: New if Your Honor pleases, I

object to the conclusion of this witness. The document 
is in writing and will speak for itself.

MR. HOLLOWELL: I asked him, Your Honor, in his

reading of it did he ever see anything which addresses 

itself. 1 am presuming that he read it.

THE COURT: Well, that calls for him to -
in other words, are you asking him what his interpreta­

tion of the letter was?
MR. HOLLOS'®LL: No sir, I asked him in his reading

of it, did he ever see anything which addressed itself 

to the matter of desegregating any of the public facili­

ties



Hearing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: Well, since the letter itself is

in evidence, why is that question proper or appropriate, 

since the letter is there? It’s been identified but 
you haven't introduced it, I don't believe.

MR. HOLLOWELL: It has not been introduced.
THE COURT: It's the best evidence of what

it says rather than what this witness might say that 

it contains; the letter is there and it's the best 
evidence of it.

MR. HOLLOWELL: I don't think it's that important

Everybody that reads doesn't see, Your Honor, and I 

vanted to see whether or not he saw it.

THE COURT: Well, that's the reason I asked

you If you were going to ask him what his interpreta­

tion was?

MR. HOLLOWELL: I am not.

THE COURT: I m s  going to allow you to
ask him -

MR. HOLLOWELL: Well, I'll ask him.
THE COURT: Ask him if he interpreted this

as being a response but do not ask him what is in the 

letter but ask him what he considered it as.

MR. HOLLOWELL: Very well.
Q Did you interpret tills letter as being a response 

to the petition to which you referred?

A No, it could not have been because the matters 

included in the petition were not answered in the letter.



108B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Were any of the other things that are in this 
letter, that is P-4, referred to in your petition?

A No.

Q Now, have you had the occasion to be arrested
by the City police? . . . Doctor, have you ever had the 

occasion to go to Tift Park?

A Yes.

Q When was the last time you were there?

A I don't remember the exact date. It was the 
Saturday Morning following the trial in Recorder's Court, 

at which time I was sentenced to 60 days or $200 fine, 

which was suspended.
Q What was that fine for?

A I was charged with failure to obey an officer, 
disorderly conduct, unlawful congregation, to mention a 

few. I don't remember the others. But it was related to 

the situation wherein I was standing before City Hall in a 

prayer service.

Q Now, that would have been about August 11; now, 

you say you went to the Park; were you alone?

A No, I was with three other people, I believe 

three otter people.
Q Will you relate what your experiences were at 

the Park at that particular time?
A Yes, in this group, one of the individuals in 

the group went to the concession man and sought to purchase 

a ticket to go swimming; and at that time he was denied —



109B
Hearing on Motion For Preliminary Injunction, Nos. 730*731

MR. RAWLS: Now, if Your Honor pleases,
unless the witness was present and names the person 

who went there and heard him being denied, that would 

be hearsay.
THE COURT: That testimony had better cane

or would cane better frcm whoever he’s talking about 

than this witness.

MR. HOLLOWELL: I would submit, Your Honor, that

would depend upon what the situation was as of that 

time, whether or not he actually saw this happen.

I believe he has testified that he was at the Park and I 

think that the objection is premature.
THE COURT: All right, maybe so; maybe my

ruling was premature. I actually haven’t ruled but 

maybe my observation was premature.
MR. HOLLOWELL,: I will pursue it, Your Honor,

and then we’ll hear the objection.
THE COURT: All right, go ahead.

Q Mr. Hollowell: I believe your testimony was that

the man, one of the persons in your party, went up to purchase 

a ticket for swimming, is that correct?

A That's correct.
Q Did you see him do this?

A Yes, I did.
Q Would you relate what happened?
A He was told by the man at the concession booth 

that he couldn't sell him a ticket.
Q Did you hear’ it?



HOB
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A Yes, I heard M m  say that.
Q Were you denied any other facilities at that time?

A Not personally, no.
Q Have you had the occasion to be denied or have 

any of your fanily denied any of the uses or the use of 

any of the facilities of Tift Park or any other parks?
A Yes, my son wanted to ride the ponies and I

carried him to the person who was in charge of these rides

and he was told -
MR. RAWLS: Now if Your Honor pleases, I

object unless the witness testifies that he was present.

A The Witness: I was present.

MR. HOLLOWELL: He said he took him.
A The Witness: I took him and he was told that

he could not ride on the ponies.
THE COURT: Mr. Marshal, let's preserve order

in the courtroom.
Q Mr. Hollowell: What park was this at?

A TMs was in Tift Park.
Q I’ll ask you whether or not you have had the 

occasion to observe any Negroes seeking to use the Carnegie 

library facilities?
A Yes, sir, I have on two occasions.
Q Would you relate your experiences in that connec­

tion?
A Well, the most recent occasion I observed seme 

Negroes approaching the Carnegie Library entrance and the



Hearing on Motion For Preliminary Injunction, Nos. 730, 731

door was closed and held closed and I presume locked; 

and they could not get in.

Q Could you see who m s  holding the door?

A Well, I could not identify the person by naqe;

apparently some —

Q I mean, could you see the person?

A Oh yes, yes.

Q Was that person of white, I mean of Negro or 

Caucasion extraction?

A Caucasion.
Q Was the person inside or outside of the door?

A Inside.
Q What, if anything, did the Negroes do at that time

A They knelt and prayed.

Q Did they leave immediately thereafter?
A No; as a matter of fact, seme policemen came and 

literally carried him away.
Q Were these policenen of the City of Albany?

A Yes.
Q Have you had the occasion to use the facility

which is known as the City Auditorium?

A Yes, I have.
Q Would you relate whether or not in your experience 

iii using or visiting this facility you observed the seating, 

arrangement?
A Yes, I have observed, and I have noticed that 

Negroes were directed to certain section and white persons 

are directed to another section of the auditorium.



Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Have you had the occasion to visit the auditorium 

on innumerable occasions?
A Several, anyway; at least as many as four occasions
Q I mean on occasions when there were whites and 

Negroes occupying the seats in the auditorium?

A Yes, I have been there when they were occupying 

seats in the auditorium.
Q Have you personally been directed to a particular 

section?

A Yes.
Q Have you at any time ever had the privilege of

sitting where you actually wanted to sit in the auditorium 

without being directed to do so by whomever it was In charge 

at that time?
A No, each time I was directed to a certain 

section of the auditorium.
Q In that section were Negro or whites sitting?

A Negroes.
Q Have you at any time ever seen in your experience 

Negroes and whites sitting in a mixed seating arrangement 

in the auditorium of the City of Albany?

A No, I have not.
MR. HOLLOWELL: He's with you.

CROSS EXAMINATION 

BY MR. HILLIARD BURT:
Q How long have you lived here in Albany?

A Five years.
Q Where did you cane fran?



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
113B

A Michigan, Flint, Michigan.

Q And you are an osteopath, is that right?
A That’s right.

Q When you came to Albany did or did you not make

application to the Phoebe-Futney Memorial Hospital as an 
M. D. to be put on the staff?

A Let me understand the question again?

MR. BURT: Will you read it to him?

THE REPORTER: (Reading question next above)

A The Witness: No, I did not.

Q Mr. Burt: You never did when Dr. John Inman
ms President of the Hospital Board?

A No, I never made formal application to be given 
staff privileges at Phoebe-Putney. I did discuss it with 

several of the members of the staff and did enjoy the use 

of many of the facilities at the Hospital when I first came.
Q You don’t contend that you’re an M.D.?

A I am an M.D.
Q You are.
A Yes.

Q And you graduated from where?
A Tte California College of Medicine and the 

College of Osteopathic Medicine and Surgery.
MR. HOLLCWELL: May it please the Court, I

submit that I don’t know of any expert testimony 

that remains in this case that would even require 
the outlay of what the witness’ back-ground is and 

I can’t see where it is at all material or relevant.



114b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR. BURT: Your Honor please, I was briefly

going into his background. I am through with that part,

simply to get his background for further cross examina­

tion.

Q Now, you made a statement that you had spoken 

with Mayor Kelley and had petitioned the City of Albany for 

peaceful desegregation, is that right?

A Of the public facilities.
Q Now, what else, what is the alternative except 

peaceful desegregation?
A What is the alternative?

Q Right?
A A perpetuation of the system of segregation.

Q What makes that not peaceful?

A Segregation within itself Is contrary to the

morals of the universe and contrary to the basic structure 

of the Constitution of the United States.
Q We were not having riots in Albany before you 

started this Movement, were we?
A Well, it all depends on the interpretation of 

"riots'*.
Q Were we having lawlessness?
A Oh yes, there was lawlessness.
Q Because of segregation?
A Because of the enforcement of segregation.
Q There was lawlessness on the part of whom?

A The City.



1153
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q The City of Albany was guilty of lawlessness 

because of segregation, is that your testimony?
A That’s correct. It is my understanding that 

segregation is contrary to the Constitution of the United 

States, which is the highest lav; of the land.

Q Well, m s  there peace in the community before 

you started your Albany Movement to desegregate Albany?

A Absolutely not; there was an absence of conflict 

that was predicated upon the suppression of the aspirations 

and longings of the Negro citizens to be free, but there 

ms no peace.

Q Are you saying there is more peace today or for 

the last six months than —

MRS. MOTLEY: Flay it please the Court, we are
now arguing with the witness.

TIE COURT: Yes, let’s ask the question now

and let's let the witness complete his answer before 
you go on to asking him another question; and let’s 

not have the witness arguing with counsel or counsel 

arguing with the witness. In other words, let’s slow 

down a little and let the witness complete his answer 

and then the witness not interrupt the attorney when 

he is questioning him and vice versa.
Q Mr. Burt: I believe you stated on direct

examination that, unless we had peaceful desegregation, we 

would have chaos and confusion?

A Yes sir.
Q What chaos and what confusion?



i i6b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A Well, I also stated that it was inevitable.
Q Now, I asked you the question, what chaos - 

let’s take that - what chaos?

A Well, chaos, of course, I presume you know wiiat 
chaos is?

Q You tell us?

A Well, an air of discord; that is, we have 

existing in the City of Albany as a result of an attempt 

on the part of the City to preserve a system of segregation 

and perpetuate a system of segregation, unrest, a people 

who will no longer be satisfied with the systan of segre­

gation; and, if they are not given adequate consideration 

in bringing about a change in this system of segregation, 

then they will continue to protest the system. And this, 
of course, is chaotic.

Q And that started back in November, 1961, when 
the Albany Movement started, as far as these demonstrations 
are concerned?

A I think protests had been going on long before 
that time.

Q As far as street demonstrations are concerned, 

they did not originate before November, 1961, did they?

A I think that the mass protests involving several 

hundreds of people in a relatively short period of tine 
did not start until prior to November, 1961.

Q Those were street demonstrations?

A Well, they took plaice, the protests took place
on the streets



Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Now, you stated that you presented to Mayor 

Kelly an abstract of the minutes from your Albany Movement 

meeting, Is that correct?

A That1s correct.

Q And how did you present these to Mayor Kelley?

A Well, actually, we did not anticipate submitting 
the minutes as a formal document to him; but in the course 

of conversation, so that he would have something to refer 

to, we gave him a copy of the minutes of the meeting. In 
other words, this was not to assume the status of a formal 

or legal document, but in the course of discussion; and we 

asked for the establishment of bi-racial committee to 

study the problem, in order that he would have seme guide, 

sane indication as to what would be included, he raised 

the question; for example,"what if we desegregate the bus 

terminal and the train terminal at the present time; will 

tills be sufficient?" And, of course, at that point, we 

indicated to him. that we felt as though this would be a 

starting point and, if a permanent body could be established 
that would evaluate the situation in Its entirety and make 

recommendations as to when other facilities would be desegre­
gated, tills would be perfectly acceptable.

Q In other words, this wasn't a demand on the City; 

It was simply for their information as to what your 
ccranittee, the Albany Movement or that group, had found 

necessary in the City of''.Albany?
A I think that your construction is more fair 

than to say a demand. We were merely prevailing upon the



U S B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

City CcKmisslon to recognize the inevitability of the social 

change which was upon us and to make means to become a 

part of this evolving system, rather than resist it.

Q And it wasn't actually address to the City, 

it ms simply an abstract or a copy of the minutes of 
your meeting?

A Well, the discussion was addressed toward the 

Mayor of the City as the duly elected head of the Camassion 
and, of course, as a representative of the Commission.

Q Bit it speaks of "Hie Albany Movement, November 
17, 1961m, Plaintiffs' Exhibit #1, and it starts out,
"Minutes", isn't that correct?

A That's correct.

Q Mow, you spoke about the City Auditorium: who 

directed you or any other member of your race to sit at 
any particular area?

A Oh, I couldn’t give you the name of the individual.

Q Well, was it a policeman? Was it any official 
of the City of Albany?

A No policeman, no uniform policeman. The person
who was at the door, I don't know whether he was an official
of the City or not.

Q When was this?

A Oh, this hasn't happened now in better than a 
year. 1 can't remember exactly.

Q What was going on at the City Auditorium, the
reason you were there?



119B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A There was a benefit program, I believe, for the —  

oh, I don’t know, one of the funds - one of the fund raising 
programs. I don’t just remember which one it was in par­

ticular. I didn’t pay that much attention to it.

Q Did you go in?

A Yes, I went in.

Q Did you stay?
A For a while. This was one of these all night 

affairs and I stayed for a while, a short while.

Q What kind of entertainment was it?

A Oh, some Hollywood stars were here and there 

was a variety program.
Q And someone who was not dressed in any official 

capacity told you where you were going to be seated?

A Didn't have a police uniform on, yes.
Q ’Were you able to see the stage from where you were?

A Oh yes.
Q Now, I believe that you have filed this action as

a class action, is that right?

A On behalf of myself and on behalf of a number 

of other Negro citizens of the Camnunity.

Q Have you been chosen by the vast majority of 

your race to represent them in a suit in Federal Court?

A Well, I say that as a result of the experiences 

which I have had with many members of my race, I am certain 
that I reflect their interest and concern in filing tills
suit



1203
Hearing on Motion For Preliminary Injunction, Nos. 730» 731

Q You are certain? Have you sent out a petition 

to get so many thousand names?

A No sir.

Q Designating you as their spokesman or as the 

one to file suit in their behalf?

A Well, of course, I was elected by a large 

number of people in the Negro eaiinunity to represent 

then in their civil rights.
Q That was the Albany Movement?

A That * s correct.
Q The Albany Movenent had as its policy demonstra­

tions?
A I beg to disagree with that.

Q Well, your Albany Movement started in November,

1961; you weren't chosen at that time to file any complaint 

In the District Court of the United States, were you?

A I m s  never given ay specific direction as to 

what course I might take on behalf of these people which I 

was representing.
Q Hit you ail have demonstrated repeatedly since 

November, 1961, have you not?
A And prior to that time too, yes sir.
Q And the Albany Movement has been the spear-head

for these demonstrations?
A Well, the construction of the Albany Movement 

is not —  well, the usual construction of a civil rights 

organization, when xwe think in terns of NAACP and the CORE 
anb so forth. The Albany Movement is an unincorporate body.



121B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

It is a freedom movement that involves a large number of 

people in the City of Albany and, of course, membership 

is merely predicated upon one’s wishes and desires to becane 

free, to becane a first-class citizen. And when we say 

the Albany Movement, I don’t think we can look at it fran 

the point of being an organization.

Q Do you have officers?

A Yes, we do have officers, for convenience.
Q How many officers do you have?

A Approximately 15 officers.
Q And you are the President?
A I'm the President.

Q So, you do have some organization, do you not?
A We have some organization.

Q And you receive donations?

A We do receive donations.

Q And how is the money deposited in the bank?

A In the name of the Albany Movement.

Q The Albany Movement?

A Yes.

Q And you’re able to endorse checks for the Albany 
Movement?

A Yes, I am.

Q Where do you get your money fran?
A Various and sorted places, mostly fran individuals.

There have been sane organizations that have made donations
to the Movement.



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
122B

Q Where are you getting your money to file this 
action in Federal Court?

A Well, no particular place. There is no single 
individual or group of individuals or organizations 
financing this suit.

Q You haven’t paid your attorney a cent, have you?

MRS. MOTLEY: May it please the Court, we

object to how the suit is being financed, on the ground 

that it’s not relevant or material to ary issue in this 
case.

MR. BURT: Your Honor please, we submit that
this is a class action, this is a party Plaintiff, and 
we would like to search him to see if he himself has 

voluntarily filed this action, whether someone else 
has pushed him into this; and we would like to see 
if he is a proper party before this Court.

THE COURT: Yes, in a class action, I think
it is a legitimate area of inquiry in order that you 

may determine who the class is and who constitutes the 
class; and one of the evidences of it would be who 

contributed to it, who goes to the meetings, who are 

its spokesmen, how it operates. I think that’s a 

legitimate inquiry as to where the money cones from 

and so on, because that is one of the ways you can 
determine the class, who is interested.

MRS. MOTLEY: Excuse me, Your Honor. May I
say something further, Your* Honor? I think the 
Supreme Court has already ruled on this. We have



123B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

a brief on this qeustion. We get this in many civil 

rights cases. And in Evers v. Dwyer the Supreme Court 

has ruled that this inquiry as to who is financing it 

and so forth is not relevant or material to the consti­

tutional area. Now, it may be relevant in some other 
proceeding, barratry or sariething like that. But all 

this Court has to determine is whether the City officials 

have denied the Constitutional- rights of these Plain­
tiffs and the fact that somebody may be financing it 

wouldn't have anything to do with it.

MR, BURT: We believe, Your Honor please,

there may be a distinction there as to just who is 

financing. We are interested in knowing whether 
or not this Plaintiff actually took an overt act to 

file an action or whether someone else took it for him 

and he's just a nominal plaintiff, rather than -ust 
the pure fact of who is financing it. We're interested 

in trying to see whether or not he is a proper plain­
tiff party to this action and a class representative.

THE COURT: Well, do you insist on your
question about financing it? Do you insist on that?

MR. BURT: No sir*, I withdraw that at this

time.
Q I believe I asked you the question, you haven't 

paid your attorney anything, have you?

A On yes, yes sir.
Q I believe I asked you that question on deposition 

Tuesday and you stated that you had your attorney on retainer?



124B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A That’s right.

Q Over the years?

A Over the past 4 or 5 years, yes sir'.

Q And you haven’t received a bill or paid any
money on this particular case?

MRS.MOTLEY: May it please the Court, excuse

me, I understood that the question regarding financing 
of the lawsuit had been withdrawn

MR. BURT: My understanding, Your Honor

please, was outside contributions to him or the 
attorneys. I am trying to determine whether or not 

this Plaintiff actually has hired an attorney and 

has actually brought tills action voluntarily.

THE COURT: I think that's legitimate. Now,

he has withdrawn any effort to go into where the 
finances come from. But I think since we have a 

situation where one man says he is representing a 

class and. he has brought this action now for than,

I think it is a legitimate inquiry as to whether he 

engaged the attorneys or whether somebody else did 
and such as that. Of course, I’m not going into what 
may have been paid to the attorneys or any amount like 

that or anything in that area; but simply, who arranged 

it; did he arrange for the attorneys or somebody else?

I think that’s proper in a class action; I think that’s 

legitimate. I’ll allow it.

MR. BURT: What was my last question?



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
125B

THE REPORTER: "And you haven’t received a bill

or paid any money on this particular case?"

Q Mr. Burt: Is that correct?

A I received a bill today, as a matter of fact,
1 believe, or yesterday. I received a bill in the past

2 or 3 days from Attorney King.

Q For this action?

A Well, he does not specify in the bills specifi­

cally what case the bill is for. 1 presume I can get that 
information if I Inquire; but he merely sends me a bill 
for legal fees, and I get one every month.

Q You have a lot of legal business?
A Quite a bit.

Q Now, when did you retain your attorney to file
an action?

A For this particular case?

Q Right, for tills particular case?

A Well, I don’t remember the exact date. I think

I told you at that time too, this was around the time I was

in Atlanta before Judge Tuttle. I don't remember that 
exact date, but it was around tills time. Of course, I 

had indicated to him over a period of several months that 
I was interested in doing this and I was dissatisfied with 
the system of segregation and the imposition on me as an 

individual and my associates as a group; and I asked him 
to prepare such a case; and he advised me around the time 

1 was in Atlanta before Judge Tuttle that lie was ready to 
file it.



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
1263

Q Did you sign the complaint?

A Well, yes. I'm certain that I did. Now, I can’t 
give you the exact date again when I signed it, because I 
have signed so many legal actions.

Q You read the complaint before it was filed, did 
you not?

A Sure.

Q And you have a copy of it in your possession?

A I no doubt have a copy of it in my files.

Q But you understood you had to sign it before 
it could be filed?

A I understand that.

Q And did you have a particular contract with
Lawyer King?

A Oh yes.

Q On this case?

A Well, put it this way: there are about five cases 

that came up about that same time, and I signed, oh literally 

tens of papers, legal documentsj and I have every reason to 

believe that among these was a retainer for this.

Q Now you, I believe, are a member of NAACP, are 
you not?

A That is correct.

Q How long have you been a member of that organization? 

A Since 1943.
Q Have they undertaken to take any part in this

case?

A Well now, —



1273
Hearing on Motion For Preliminary Injunction, Nos. 730, 73-*-

MR. HOILOWELL: Your Honor, I can't see where 

this would be the slightest bit relevant, as to whether 
or not the NMCP or anybody else for that matter has 

taken any part in the case. There are individual 

plaintiffs suing in behalf of themselves and others 
similarly situated and there is no relevance as to 

whether the NMCP or CMN have taken any part in the 

case.
THE COURT: Yes, I don't think the question

is proper. You might ask him specifically whether the 

NMCP is one of the classes that he represents.

Q Mr, Burt: Well, I will just ask him:

you are a member of NMCP, are you not?

A Yes sir, I am.
Q Do you contend that you are representing the NMCP 

as a class in filing this action?
MR. HOLLOWEIL: May it please the Court, I think 

the record will show that NMCP is a corporation; and 
I think the petition shows that he's suing in behalf of 

himself and others similarly situated; and I think 

counsel knows this, of course; and, therefore, I still 

don't see any relevance as to the NMCP being an 

organization can be a class.

THE COURT: Well, I presume his answer is

going to be "no".
A The Witness: No; thank you, no.

Q Mr. Burt: Are you or are you not represent'

ing for a class the membership of NMCP?



Hearing on Motion For Preliminary Injunction, Nos. 730, 731
128B

A Only coincidentally; that is, I did not inquire 

as to whether these persons were members of the NAACP when 

they brought the complaints to me about segregation.

Q Has the NAACP furnished you counsel in this case?

A Well, of course, I look to Attorney King as

immediate adviser and counselor and, so far as I’m concerned 
te’s at liberty to get what ever counselors he so desires.
So, I do not know what or who lie M s  —

Q Who does Attorney Motley, what representation does 
she have in this case?

A She was secured by Attorney King. She, of course, 
works iranediately with the Legal and Educational defense 
fund.

Q What legal and educational defense fund?

MRS. MOTLEY: We object to that, Your Honor.

MR. BURT: Well, he injected that In the case.
MRS. MOTLEY: The record doesn’t stow that the

Legal and Defense Fund represents this man. It shows 
that I do as his attorney and this is not relevant 

or material to the issue that this Court has to decide.

THE COURT: Yes, I’m not going into the
financial arrangements with the attorneys. I’m not 
going into that.

Q Mr. Eurt: Mow, you Mve several other party
Plaintiffs with you in tills action, is that correct?

A That’s correct.

Q Did you all confer and join together to file 
fchis action?



129B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A Well, we all are represented by the same 

attorney and he elected to -
Q Who is ,!hen?

A Attorney King. Attorney King elected to cut

each of us in this one suit, I presume rather than bring 

individual suits for both of us; but I did not attempt to 
solicit any of than as individuals to go with me on this 

suit, no, or even discuss with them retaining the attorney 

for this purpose as individuals.
Q Are they all members of the Albany Movement?

A That's correct, yes.

Q And you contend that you all represent the vast

majority of your race in this City?

A Well, I can’t even say that. I presume so but 

it would be perfectly a presumption. I know we do represent 

a large number of people to the City, in our aspiration —
Q How many are there of your race in the City, 

do you estimate?

A Approximately 24,000.
Q And your meetings, what is the largest meeting 

that you lave had or gathering?

A Approximately 3,000.
Q Now, since you have started your Albany Movement

in 1961, November, 1961, the bus service has been discon­

tinued, has it not?

A That's correct.
Q And that was used predominantly by members of

your race?



Hearing on Motion lor Preliminary Injunction, Nos. 730, 731
130B

A That’s correct, yes sir.

Q The library has been closed?
A I presume so. I have not been there recently 

but I have heard accounts of it having been closed.

Q The parks are closed?
A Yes sir, I did notice that personally. I saw

the barricades up before the park. I couldn’t understand 

why but I did see that.
Q Can’t you tell from that, that you are not 

representing your race, that you’re not doing them a service? 

A I don’t think any member of my race —
TR, HOLIXWELL: just a moment! I have every 

confidence that the answer that the witness would give 

would probably net be satisfactory to counsel but it’s 

argumentative and I suggest that it’s not proper.
THE COURT: Yes, that question is argumenta­

tive.
MR. BURT: Your Honor, may I ask the

question if he contends that he is representing his 
race in a class action, is he attempting to do a service 

for his race?
THE COURT: You can ask him that and you can

ask him what service he thinks his organization has 

performed. The form of your question as asked was 

argumentative.
MRS. MOTLEY: May it please the Court, we

object to that question. This curt doesn’t have 

to decide whether he’s doing a service for his race



13 IB

faring on Motion For Preliminary Injunction, Nos. 730* 731

In this action. All this court has to decide is 

whether the State has deprived him of rights guaranteed 

by the Constitution; and the fact that in some people's 

opinion he may have done a, disservice to his race is 

not constitutionally relevant, which Is another matter 

that the courts have already ruled on, the University 

of North Carolina case.
THE COURT: I am going to allow the question.

Go ahead.
Q Mr. Burt: Recognizing these losses to the

City and to your race, how do you contend that you are 

representing your race In a class action for their benefit?
A Well, first of all, I do not recognize the fact 

that any harm has come to my race as a result of the activi­

ties of the Albany Movement; so that, I cannot answer the 

second part because it Is predicated upon a part that I 

don't agree with.

P You don't think the loss of bus service has

hampered your people?

A Not nearly as much as the indignities which 
they have suffered as a result of using the busses on a 

segregated basis.
Q You don't think the loss of the library facilities, 

colored and white, or colored as far as you all are 
secerned, has been a detriment to your race?

A So far as I know, my race did not have the 
?piviiege of using the library facilities at the Carnegie



132B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Library down town, so that certainly they could not suffer 

at all as a result of it having been closed.
Q Well now, you all had library facilities here in 

Albany on Whitney for 15 years, did you not?
A That's correct, woefully inadequate.

Q And now you have a new library on Lee Street?

A Also woefully inadequate, yes sir.

Q What's woefully Inadequate about It?

A Well, just using the figure that was quoted 

this morning by the Mayor, $25,000 for a modern library 

is just not In keeping at all, a person that has any 

knowledge at all of cost of equipping a library. $25,000 

would not even start to build the building, let alone
put any books in It.

Q Have you been down there and read from the
library?

A Yes sir.

Q Is that closed today?
A I don't know. I haven't been by today •

Q Now, your parks are closed, are they not?
A Yes sir, I have noticed the barricades up

before the driveways leading into the park.

Q As far as you are concerned, as long as you

ape provided equal facilities, you have suffered no 
detriment, have you?

A Well now, me as an individual or are you 
speaking now In terms of the general population which I 

feel that I may represent In part?



133B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731 

q Well, let's speak both ways?
A Well, sofar as I am concerned as an individual 

and as a part of the City of Albany, I feel that the entire 

city is being harmed as a result of this action. 

q What action?
A The closing of the parks and the closing of the 

libraries.
Q i ask you about the quality of the facilities?

A Well, out at the South - Lee Street branch of 

the library, I say it's inadequate.
Q Let’s say the recreational facilities?

A For the Negroes9

Q For the size population compared to white?
A Woefully inadequate. The swimming pool at the

Carver Park, which is, oh I guess an over-size bath-tub, 

about 30 x 50 feet, I believe, cannot nearly accommodate 

the people that desire to go swimming there.
Q So, your position is that actually what your 

complaint is, is the fact that your facilities are woefully 

âdequate, is that right?
A Well, and segregated.
Q Well, as long as they were adequate, it would

the necessary facilities to suit your need, would it 

nô  if they were adequate?
MR. HOLLOWELL: May it please the Court, this 

is argumentative; I think very succinctly he's arguing 

with the witness.



134b

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: Yes, let's avoid arguing with the

witness. Ask him questions and let him answer it 

and don't argue with him about it.
q Mr. Burt: Let metsee If I understand the

witness: Your position is that the facilities for the members 

of your race are woefully inadequate?

A And segregated.
q The segregation part puts a stigma, is that your 

contention?
A Well, I feel as though all of the public facilities 

should be available to all of the people of the City on an 

equal basis.
Q If you had the same facilities that a white 

person had in their neighborhood, you wouldn't have any 

complaint?
A Well, of course, I find it Irrevocably repugnant 

to have the distinction of a white facility and a colored 

facility, both provided for by public funds,
q I don’t believe you answered my question -

MRS. MOTLEY: Your Horn*, I'm sorry - I think

he has answered the question; and the fact that the 

facilities may be equal or unequal is not before this 
Court, Separate but equal Is out under any construction 

of the law and what is going in now is whether the man 
would be satisfied with equal facilities, and the Court 

has already ruled that out.



135B

Searing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: Yes, I don’t think that’s an

appropriate inquiry; and, even if it is, I think he's 

already answered it.
MR. BURT: Your Honor please, I recognize

the legal aspect but he has made the statement that 

he contended they were woefully inadequate and I was 

simply trying to pin him down on his contentions along 

that line.
THE COURT: I will allow you to go into why

he considers it inadequate because we've already had 

some examination of Mayor Kelley along that line by 
counsel for the Plaintiffs. If you want to go into 

that area, that sphere, I will allow that, as to 
whether he considers the facilities adequate and such 

as that. But to ask him whether he would complain 
if they were adequate is not an appropriate Inquiry.
Q Mr. Burt: I believe you stated that it was

your contention that segregation per se is a stigma as far 

as you're concerned?

A Repugnant.
Q And you take the position that by virtue of

legation that you are denied certain opportunities, is 
that right?

A That's correct.
Q, And you yourself have been able to graduate

frmn medical college?



136b

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A Not in the State of Georgia, not, but I have been 

able to graduate from a medical college outside of the 

State.
Q You yourself have pulled yourself up by your 

oro boot-straps and you are a doctor practicing medicine

today?
MRS. MOTLEY: This attorney is arguing with the

witness, Your Honor, as to what he has been able to 

accomplish.
THE COURT: Yes, let's don't argue with him,

Mr. Burt.

MR. BURT: I just simply asked him that

question If he had done this himself under this 

stigma that he is so possessed with.

THE COURT: Well, I believe he's already
testified that he is a graduate of such and such a 

school, that he Is a practicing doctor of optometry,

I think, no - osteopathy.
A The Witness: And a doctor of medicine, both, sir.

THE COURT: So, he's already testified to

that and that's in the record.
Q fir. Burt: Going back to this incident at

116 Tift Park, I believe you stated It was several weeks ago?

A That's correct, yes.
Q And you went out there with whom?
A Well, there were several people in the group.

Member one of the names and I don't recall the other



137B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

names. Rabbi Israel Dresner was one of the persons in the 

group. I don't remember the names of the others.

Q Where is the Rabbi from?

A New York; he was a guest of mine in the City 
and a guest in my home.

Q And you all went out there for the purpcs e of
what?

A Swimming.

Q And did you yourself go to the ticket-taker 
at the pool?

A No, he went to the —  he approached the ticket
taker,

Q And you didn't attempt to purchase a ticket?
A No, he attempted to purchase the ticket.
Q At the ticket-taker there at the pool?
A Yes sir.

Q And had you attempted that morning to go to your 
Carver swimming pool; was it too croxvded for you?

A it was closed.

Q It was closed?
A Yes sir.

Q And this was some three weeks ago?

A Yes sir. 3 or 4, I don't remember the exact date. 
BY THE COURT:

Q This party who you say attempted to purchase a 
ticket, who I believe you said was your guest?

A Rabbi Israel Dresner.



Hearing on Motion For Preliminary Injunction, Nos, 730, 731

Q Well, what Is his race? Is he a Negro, white or?
A Well, he's white, I guess. I don't know for use.

BY MR. BURT:

Q I don't understand; did you say this person who 
went with you to the pool was a white person?

A I believe he's white. I have never actually

He said he didn't know.

But he appeared to be white. 
He was a guest in your home?

in q uired .

THE COURT:
The Witness:

Q Mr. Burt:

A That's right.

Q, And who were the other people that day?

A I don't remember the names of the other persons
that were there»

Q Had they spent the night in your home the night 
before?

A Now, whether these other 2 or 3 spent the night 
in my home, I don't recall. There have been so many people 
in my home in recent months, literally tens of people,

I just don't remember all of their names.
0 . Now, as far as desegregation plan, Is it your

theory that your demonstrations are the means by which to 

obtain your result or have you finally decided that it 
should be decided in Federal Court?

MR. HOLLOWELL: This is argumentative and I think 
it would be irrelevant, There is one thing that is 

certain, we are in court; and another thing that is



139B

Hearing on Motion For Preliminary Injunction, Nos. 730. 731

certain, there have been demonstrations. And what has 

been the result of same I would submit to be a matter 
of argument, as to what he has decided is the proper 

approach and has no relevancy here.

ME. BURT; Well, I might ask him, if Your

Honor please, from the beginning of the Albany Move­
ment, what the means to obtain the objective were.

THE COURT; I will allow you to ask that.

Q, Mr. Burt; Would you answer that question?
A The objective, as established when the Albany 

Movement was first born, was to bring about a peaceful 

desegregation of the City of Albany. This objective or 
these objectives have not been changed. There are several 
means whereby these objectives may be achieved. By protests, 

we consider to be one of the means whereby it may be achieved 
indirectly; through court action, through selective buying 

and through other forms of direct action; that is, in 

Picketing in a form of protest. And all of these are directed 
toward achieving our ultimate objective.

Q You didn’t consider court action in that?

A Court action. I'm sorry If I omitted that. This 
too we consider necessarily a part of achieving our ultimate 
goal.

Q, Are you in agreement with this statement that "the 

Albany Movement has belatedly taken Its case" —

MR. HOLLOWELL: May It please the Court, excuse 
me; it became evident that counsel is reading and it



140B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

appears he's reading from a document, and the document 

hasn't been identified; we don't know what the nature 
of it is or wouldn't at least except by overhearing 

counsel in their discussion; and I submit that it would 

be improper to be reading up to this witness from a 

document which has not even been identified.

MR. BURT; Your Honor please, I can simply

ask him the question. I don't have to read it from 
a document. I would like to ask him the question.

THE COURT: You may ask him the question
and then, if there's still objection, I will rule 

on It. I don't know what the question is yet.

Q Mr. Burt: Do you agree with the statement

that the Albany Movement has belatedly approached the 

solution to their problem in the federal courts?
A No.

Q You don't agree with that?

A No, it is not a complete statement.

0, Well, in the voting ease you were, as far as 
voting was concerned, you went to court in that action, 
did you not?

MR. HOLLOWELL: May it please the Court, I have 

the same objection. The route is of no relevance here. 
This matter is In court and I think insofar as this 

case is concerned, the fact that we are here now, and 
this is one of the Plaintiffs, is all the relevance 

or materiality. What they did in some other case would



i4ib
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

be of no consequence or any relevance or materiality.

Or what they did in any other phase, the fact is that 

they are here in this case, which they have a right to 
be.

MR, BURT: Your Honor please, we have a
movement here which was started back in November,

1961. We have an organization that took one course 

of action and then took another course; and I was 

about to ask him the question, since he was a plaintiff 

in the voting case filed against Dougherty County, what 

his ideas were about attaining his goal, and why he has 

changed back to demonstrations and back to court. I was 

simply trying to find out the plaintiff’s contentions 
on how he should attain his goal, and why there have been 
changes in their policy.

THE COURT: Well, the fact that he filed a
suit at another time in another situation would have 

no evidentiary value in this case. I can see how you 

might argue on the question of whether an injunction 

should issue as prayed for. You might argue the fact, 

if it is a fact, that the suit was filed so belatedly; 
but that would be a matter of argument and I don’t 

think it proper to ask this witness why did you file 
a suit early in one case and why did you file a suit 

after several months of demonstrations in another 
case, I think you can argue that to me when we get 

around to the argument stage of the case, but I don't



142B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

think it's proper question for this witness, about his 
reasons or what his feeling is.

Q. Me. Burt: Are you familiar with Editor
Ralph McGill?

A I have read many of his editorials. I don't know 
him personally.

Q You do not know him personally?
A No sir.

Q You do read his editorials?
A Frequently, yes sir.

Q Have you read his editorial in Today's Constitution
A No sir, I haven't had a chance to read today's.
Q Let me ask you if you would look at this short 

editorial —

MR. HOLLOWELL: May we see it, Counselor? May 
we see it? Has it been Identified. We want something 
for the record. What part do you have reference to?

MR. BURT: Right here (Pointing and handing
newspaper to counsel for Plaintiffs) . . .

MR. HOLLOWELL: If It please the Court, again 

I would have to make the same objection, that it's 

an attempt to put in the same argumentative type of 

question, relating to whether or not the proper approach 

is now being taken in seeking to obtain some adjustment 
for the grievances,

THE COURT: Well, I would have to read It
and see what you're talking about.



143B

gearing on Motion For Prelirainary In junction, Nos. 730, 731

MR. HOLLOWELL: This right there, Your Honor 
(handing up newspaper to the Court) . . .

THE COURT: All right, now what is your

question now, Mr. Burt?

MR. BURT: Your Honor please, we simply
wanted to ask the witness, we would like to read the 

editorial to him, which is from the Atlanta Constitution 

of this date, and see whether or not he agrees with it.

THE COURT: Well, there again, Mr. Burt, we
get right back to the same proposition of going Into 

philosophy, not necessarily philosophy; but argument 

about why action was taken when It was taken and so on.

Now, as I say, I can anticipate that your might 

want to clip that editorial out and read it to me 

in argument when we come around to the argument stage; 

you might want to adopt that as part of your argument, 

that editorial that Mr. McGill has written for you.

But to ask this witness whether he agrees with it, I 
don't think it has any value and it's not proper.

MR. BURT: All right, sir.
A The Witness: It may —

MR. BURT: That's all
REDIRECT EXAMINATION

3!r®. HOLLOWELL:

Q. Have you had the occasion to use taxicabs in the 
of Albany?

A Yes sir.



144b

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Have you had any occasion to witness the refusal 
on the part of a white cab in carrying a Negro person or 

a Negro person carrying a white person?
A Yes sir.

Q Will you relate what that experience has been?

A Yes sir, I was coming from downtown one evening

approximately three weeks ago and, as I approached the 

intersection of South or Jackson rather, at the intersec­

tion of North Jackson and Broad, where there Is a cab stand 

for the Beck Cab Company, I saw a Negro open the door of 

one of the Beck cabs and attempt to get in. And I over­

heard the driver tell him that he could not carry him,

"I don't carry Negroes". And whereupon, this Negro closed 

the door of the cab and went to the dispatcher and told the 
dispatcher that he would like to get a cab, and the dispatcher 

told him that he couldn't ride.

MR. BURT: Your Honor please, we object
to this without the witness identifying the Negro 

who attempted to get in, in order that we could 
check it.

A The Witness; I'll do that.

THE COURT; Well, so far there's been no
indication or any connection of the matter at all 

with any of the Defendants in this case. So far the 

testimony is purely about a conversation between a 

cab driver and a prospective customer.

MR. BURT: We think it would be inadmissible.



145B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: Well, I was going to wait until

the examination was completed.

A The Witness: I can identify the party.

THE COURT: Well, It Is not a question of that.
There is apparently no connection between it and any 

of these Defendants.

Q Mr. Hollowell: I ask you, have you had the 

occasion, when you have had guests at your house, both 

Negro and of Caucasion extraction, to have difficulty Insofar 

as being able to dispatch them from your house by use of 

taxicabs; and, if so, relate what your experience has been 
in that connection?

A Yes sir.

THE COURT: Now, before you do that, before

you do that, I don't want anything related just like he 
related a moment ago. Mr. Reporter, I direct that all 

of his testimony with regard to the taxicab Incident 

just testified to a moment ago be stricken because 
there's no connection; he connected it up in no way 

with any official action on the part of the City of 
Albany or any of Its representatives. So, that would 

be a matter apparently between the driver of the 

taxicab and somebody who wanted to ride the cab; and 
the testimony was that the cab driver told him he 

carried only white passengers. So, that's a matter 
between customer and the cab driver.

Now, here again, unless this testimony relates



14dB

Searing on Motion For Preliminary Injunction, Nos. 730, 731

to some connection between official action on the part 

of the City of Albany, it would not be admissible.

MR. HOLLOWELL: I would like to address myself 

to that since Your Honor has taken that position.

Your Honor says this would not have any relevance, 

that this was a private matter between the cab company 

and an individual seeking a cab. And this would possibly 

be true but for the fact that there is an ordinance 

here which we are seeking to have struck or stricken, 

which makes it incumbent upon them, upon the cab 

company to have "white" on the side of his cab and 

upon the negro companies to have "colored" on its cabs. 

And we are seeking to show that, not only is the law 
there but those who operate taxicabs are forced to 

follow and that in fact they do follow that law.

THE COURT: That wasn't the testimony. The

testimony was that a man went up to a cab and wanted to 

ride and the cab driver told him "we don't carry anybody 
but white passengers" or something to that effect. There 

was no statement made by this witness connecting that 

with the ordinance.
MR, HOLLOWELL: I submit to you that there 

wouldn't have to be a statement made connecting it with 

the ordinance. What we are seeking to show is, not only 

is this the law and we have the ordinance to put in 

evidence, but that the law is being followed by those 

who are subjected to it; and the inconvenience to which



1473
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

it puts Negroes, the Inconvenience to which it puts 

Negroes and/or white people Insofar as the use which 
they desire to make of it.

THE COURT: Well, the mere fact that the
driver of a taxicab declined to haul passengers or 

to haul the passenger referred to at the time referred 

to would not be proof that he was doing it because of 

any City ordinance. He might do it because of the 

manner in which he wants to conduct his own business.

MR. HOLLOWELL: May I ask another question on 
that? Excuse me, sir.

THE COURT: That’s what I'm getting at.
The incident, purely an incident where a taxi driver 

refused to carry a colored passenger or vice versa 

a cab driver who refused to carry a white passenger, 

could be explained in so many ways other than relating 
it to the ordinance until I don’t consider that it is 
admissible.

MR. HOLLOWELL: He related it to color, Your Honor. 
That was the distinction.

THE COURT: Well, people have a right to do
that. There is nothing illegal about a person driving 

a taxicab, if he wants to simply carry people of one 
race, if that’s his desire.

MR. HOLLOWELL: It’s Illegal in this City,
Illegal to do other than that.

THE COURT: But you haven't related it to the



14SB
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

ordinances. You have related it only to the taxicab 

driver saying that "we don't carry colored passengers", 

that's all, without any relation to the ordinance 

whatever. And I don't want to argue it any more.

Strike the testimony as directed, Mr. Reporter.

MR. HOLLOWELL: May it please the Court, could 

I ask the Court to reserve his ruling until I had 

finished or I think I will ask the Court to reconsider 
when I finish.

THE COURT: My ruling is directed to the
testimony already given. Of course, I can't rule on 

anything that is coming up until it comes up.

Q Mr. Hollowell: I will ask you, in the instance 
to which we refer, which is the incident when you are 

speaking that you saw the Individual of color seek to get 

a Beck cab to take him somewhere, and the driver told him 
that he did not carry colored and he got the same response 

from the dispatcher: would you indicate, No. 1, whether 
the Beck cab is white or Negro?

A Well, there's a sign on the door, the front door 
immediately below the window, which says "WHITE ONLY".

MR. HOLLOWELL: Now, in the light of that 

testimony, 1 would like to ask the Court to reconsider 
its ruling.

THE COURT: All right, I have reconsidered it
and my ruling is the same, and I exclude it.



14933

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q. Mr. Hollowell: Now, have you ever had the 

occasion to be arrested in connection with picketing other 

than the time to which you referred when you were in front 

of the City Hall?

A Yes sir.

Q Would you relate the circumstance#, what you were 

doing and when and who made the arrest, if you have a recol­

lection?

A Well, approximately March, around the middle of

the month, the date I am not certain of, I was picketing 
in the 100 block of North Washington Street on the west 

side of the street, I was going from the corner of Washington 

and Broad down to the alley midway the block between Broad 
and Pine. I was carrying a sign which read, "Walk and shop 

in dignity", I believe. And after I had picketed before the 

stores for some 10 minutes, Assistant Police Chief Summer- 

ford approached me and told me I would have to stop walking 
in front of these stores with that sign and move on.

I proceeded to picket the stores in the same 

wanner as I had been doing, and he came to me again and told 
he that if I didn’t stop picketing in front of these stores 

and move on out from down here, I would be arrested. And I 

asked of him, "On what charge?" And he said, "Well, Al'll 

just have to make a case against you." Whereupon, I con­

tinued to picket. The next time he approached me, he said 

"You’re under arrest". Again, I asked him on what charge?
And he said "Well, we’ll get a charge." And I got in his 
car and was taken to police headquarters.



150B

Hearing on Motion For Preliminary Injunction, Nos. 730.731

Q, Were you ultimately charged?

A Yes, I was charged with failure to obey an 

officer and disorderly conduct.

Q Why were you - I mean, what was the result of 

the charge? Were you ever tried?

A Yes, I was tried and fined $200 or 30 days,

I believe. I'm not certain of the exact number of days.

Q Why were you picketing?
A I was picketing protesting segregation. The 

stores in front of which I was picketing do not employ 

Negroes as clerks and they do not afford the Negro the 

type of dignity and respect that I think he should be 

afforded. My wife was not referi*ed to as "Mrs. Anderson".
And I feel as though they do not treat me or my family or 
my associates fairly in employment and In giving the services; 

and I was protesting this form of treatment.
Q Were there others picketing in the area of the 

same street that you were?
A Yes sir, there was one other person on the same 

side of the street that I was on, in the north half of the 
block, Mr. Slater King, On the opposite side of the street 

in the southeastern half of the block, Mr. Emanuel 

Jackson were also picketing.
Q Let me ask you, as I understand it, you had 

two pickets on each side of the street, each covering a 

half block territory, is that correct?
A That's correct, yes sir.



151B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Do you know whether or not any of the other

three pickets were arrested?
A They all were arrested and similarly charged.

Q Were they ultimately convicted?

A Yes sir.
Q Did you see them at the time of the arrest?

A Yes sir.
Q And you heard their testimony at the trial?

A Yes sir.
MR. HOLLOWELL: We have no further questions of

this witness.
MR. RAWLS: Would Your Honor permit me to ask

him a few questions about the picketing incident since

I ’m familiar with it?

THE COURT: Yes.
RECROSS EXAMINATION

BY MR, RAWLS:
A Doctor, nox-tf you and three other men were picketing 

down there in that block of the street in front of Church- 

well’s store?
A Mr. Harris was in front of Churchwell's, on the 

eastern side of the street, yes sir.
Q I believe we had a Recorder's Court trial 

concerning this case, didn't we?
A That’s correct, yes sir.

Q Do you recall whether or not all four of you 

testified that neither one of you knew or had any reason



152B

Hearing on Motion For Preliminary Injunction, Nos. 730* 731

to suspect that either one of the other three would be there?

A Your former promise is the more accurate one.

We did not know who would be there. I had no knowledge of 
the other three deciding to be there and picket at that time.

Q, And you were sworn at that time?

A Y’es sir.
Q And the other three were sworn?

A Yes sir.
Q And all three of you swore that you, the individual 

who was testifying, didn't know that the other three would 

be there?
A Yes sir, and, as a matter of fact, 10 minutes 

before I was downtown picketing, I didn't know I would be 

there myself. I left my office and left some 4 or 5 

patients in my office and went down there to stay for a 

few minutes, recognizing the fact that I had the right 
and the privilege to so protest. I was going to stay down 

there for a few minutes and go back to the office and finish 
ray work. I had no knowledge that even I would be there.

Q, And all four of you testified that you had no 

pre-arrangement whatever with reference to that picketing, 

didn't you?
MR. HOLLOWELL: Now, if it please the Court, he 

has answered that question three times and the witness 

has answered it three times, and I object to it.
THE COURT: I think it's clear that that's

what he has testified.



153B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Mr. Rawls: Now, how did it come about that

all four of your picket signs, the placards, every one of 

them, were cut absolutely the same size? Don’t you remember 
we laid them down on the table up in the Recorder's Court and 

that they were all four identically the same size?
A And no one has ever denied that they were not all 

made or denied that they were all made by the same person.

They were all made by the same person.
Q Well, did all of you testify the person that made 

the signs?
A I don't know who made them, so I could not have 

testified as to who made them. I have no knowledge of the 

person who made them.
q, But it was clearly apparent that all four of the 

signs were made by the same person?
A It was pretty apparent. I don't think that 

anybody would dispute that. They were made by the same 

person.
Q And all four of you arrived In that area at 

practically the same moment, didn't you?
A That's correct, and I think that it is safe to 

assume at this point that the time for the picketing to 
occur may have been established prior to the time It actually 

occurred; but there again, I say I had no knowledge of what 

other individuals would be doing this.
Q Now, what you're saying now is that there was 

probably a pre-arrangement that four people would appear



154B

Hearing on Motion For Preliminary Injunction, Nos, 730, 731

there at that particular time?

A I had no knowledge of the number of people that 

would appear. I had no knowledge of who would appear or how 

many,
Q You knew the other three, of course?

A Oh, certainly, yes sir, I knew them by name and

Q But you still testify that you didn't know that
either one of them would be there on that day?

A That's correct. I did not know that they would 

be there, and I don't think that they knew that I would be 

there either. As a matter of fact, I'm certain they 

didn't, that they did not know that I would be there.

by face

THE COURT: Anything further from this
witness?

MR. EOLLOWELL; We have nothing further from
this witness.

THE COURT: All right, we will take a recess
now for 10 minutes

MR. BURT:
RECESS: 3:37 PM to 3:52 PM 3-31-62 

Your Honor please, with the
permission of the Court, we would like to ask the 

Plaintiff Anderson one or two questions.

THE COURT: All right.

(Plaintiff Anderson not available in courtroom) 
THE COURT: Whatever it is, maybe you can get

to it later



155B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR. KING: If Your Honor pleases, we would
like to put on our next witness, Miss Ola Mae Quarterman.

MISS OLA MAS QUARTERMAN
witness called and sworn In 
behalf of Plaintiffs, testified

DIRECT EXAMINATION

K  MR. C. B. KING:
Q For the record, would you state your name?

A My name is Ola Mae Quarterman.

Q Where do you live, Miss Quarterman?

A I live at 1409 East Residence Avenue.
Q Is that In the City of Albany?

A Yes.
Q How long have you lived here?

MR. RAWLS: Your Honor, would you permit me
to drag my chair around here in front of the Clerk's 

stand, so I can hear the witness.

THE COURT: Yes, maybe it would be better
if, instead of doing that as you would between 

counsel, maybe you could sit over in this section here.

Q Mr. King: For purposes of facilitating

the function of the reporter and Mr. Rawls, would you speak 

loud, enough so as to be heard:
Would you state whether or not you have over the 

last 8 or 9 months had the occasion to use the City Transit,

Inc. services, that Is the local bus service?

A No.



15oB

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Have you had the occasion to use the services of 

the Bus Company at any time or when was the latest time in 

which you used their services?

A When they took me to Leesburg.
Q I take it that under those circumstances you

were not a paying passenger?

A No.
Q Would you Indicate the last time and what was the 

last occasion on which you had the occasion to use the bus 

service as a paying patron?

A On January 12.

Q, Of what year?

A Of 19b2,
Q Would you indicate then what, if anything, 

happened on that occasion?
A Yes, I was arrested on January 12, which was 

on a Friday afternoon.
q Would you indicate the circumstances immediately 

Preceding or otherwise surrounding your arrest?

A ivy arrest?

Q Relate it?
A I, Ola Mae Quarterman, got on the bus at

Thomas and Carroll Street, which Is located in East Albany.

I got on the bus, dropped my 20 cents in coins, which was 
two dimes, in the machine. The bus driver actually pulled 

off very fast, throwing me out of balance, which forced me 

to sit in the nearest seat, which was In the rear of the



157B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

front; and so, I sit there —

Q When you say you sat in the rear of the front —
A Yes.

Q. —  what do you mean by that?

A The seat coming directly across, not the one next 

coming straight across but the one forward, cross-wise.

Q Then, are you saying the first seat forward?
A Yes.

Q That is running the same way that the driver’s
seat was running?

A Yes.
Q Allright, go on?

A And as I sit there, there wasn’t a word mentioned 
from Thomas on up to Washington, which was the comer of 

Washington and Broad; and as the bus driver pulled up to 
Washington and Broad, he pulled to a halt very fast; and 

as he stopped, he jumped up from under his seat and come 
directly to me and told me —

MR. BURT: Now, if Your Honor please, we
would like to interpose objection as to an Incident 

on private bus company. We also submit the fact that 

the bus company, according to the complaint, has gone 

out of business. This is something very akin to the 

taxicab incident between a private company, which 

certainly is not being represented by the Defendants; 

and we submit that because of the business being dis­
continued, it has become moot; and secondly, that this



15SB

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Is a private affair and we don't see any relevancy to 

this case.
THE COURT: I understood that —

MR. KING: If Your Honor pleases, I think
that the relevancy of this entire transaction will he 

established by the time the witness concludes her 

testimony.
THE COURT: I understood her initially,

maybe I misunderstood her, to say that she was arrested?

MR. KING: This is quite correct, Your Honor.

THE COURT: Go ahead.
Q Mr. King: Mould, you proceed, please?

A Just as the bus driver pulled to a halt there

very fast at the corner of Washington aid Broad, he jumped 
from his seat very rapidly, and I was attempting to get up 

to go out,* and he got directly over me, pointed his finger 

directly In my face, saying "Do you know where you're 
supposed to sit at, you just don't sit anywhere on this 

bus?" i didn't say anything then. So, he just continued 

aaying, "Do you know where you're supposed to sit at, you 
Just don't sit anywhere on this bus; you know where you're 

supposed to sit at, don't you?" I said, "Will you please 
take your fingers out of my face?" So, he just continued.

And so, I stood and told him that "I paid my damn 20 cents 

^d wherever there was a seat available, I think that I have 

a right to sit there."
And so, he jumped off the bus loudly, hollering



159B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

"Officer, officer, officer, officer, come here, come here 

right now." So, he told me, "You stay here, you stay here." 

So, when the policeman came, he came and asked me what was 

the matter and I tried to explain. And then he went to the 

telephone booth to call one of the cars to come down. And

they took me to the headquarters and booked me on disorderly
conduct.

Q Was there a trial of this case held In court?
A Yes, in the City Court.

Q There was a trial of this matter, is that correct?
A Yes, in the City Court.

Q And you werei adjudged guilty?

A Yes, guilty.

MR. KING: She's with you.

CROSS EXAMINATION
BY MR. RAWLS:

Q You were not tried for sitting in the wrong seat

in the bus either, were you? You were tried for disorderly 

conduct? You were tried for disorderly conduct, cursing In 

the presence and using obscene language in the presence of 
other passengers, weren’t you?

A No.
Q And there wasn't anything in the world In the 

charge relating to the place you sat in that bus, was there?

A And also like that, that I was using obscene 

language, I was only referring to my 20 cents. I wasn't 
referring to any way to him, only my 20 cents.



i5o b

Hearing on Motion For Preliminary Injunction, Nos. 730* 731

THE COURT: Mr. Rawls, may I suggest that

during the course of your examination, that you should 

come back down.

MR. RAWLS: Thank you, Your Honor. I had

thought perhaps that would be the best to do.

Q You were not tried for using the wrong seat in 

that bus, were you?

A That's what they say, I don't know.
Q You were tried fox1 disorderly conduct?

MR. HOLLOWELL: Just a momentl I didn't hear 

what the answer was. What was your answer, "that's 
what they said"?

The Witness: Yes, that's what they said;
that's what the decision was.

Q, Mr, Rawls: The bus driver, you and the bus
driver were having a controversy, weren't you?

A No, I didn't. I didn't give him any wo I’d s until 

he come directly to me and put his fingers in my face.

Q And you told him he had your damn 20 cents and 

you would sit where you pleased, is that right?

A No, I didn't say sit where I pleased,* I said sit 
wherever there is a seat available.

Q Well, what did you say about the 20 cents?

A I said "I paid my damn 20 cents and I sit wherever
^here's a seat available*" And at that moment thei’e were 
People sitting all over that bus.

Q People sitting all over the bus?



i6ib

Hearing on Motion For Preliminary Injunction, Nos, 730, 731

A Yes.
Q And what you were arrested for though Is what 

you were guilty of, was disorderly conduct, wasn’t It?

A No, I wasn1t ,
Q You were convicted and sentenced and you paid 

your fine, didn't you?

A No.

Q Is your case on appeal?

A Yes.

Q Where is it on appeal?

A To the Federal Court.

Q Which Federal Court ?

A This Federal Court.

0. Which Federal Court ?

A This Federal Court.

MR. KING: If Your

for a conclusion of law, as a matter of fact, the 
presumption being that her counsel has indicated 

that it Is on appeal. As to x^hether she knows what 

the proper court that this matter would be addressed 

to certainly calls for a professional opinion; and, 
as a matter of fact, she wouldn't know that.

Q Mr. Rawls: When you were up in Recorder's
Court —

THE COURT: Just a moment, Mr. Rawls. I think

the question was, Is It on appeal and which court.

I don't believe that would require a legal conclusion.



162B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

I think that's a matter of fact, as to whether it is 

on appeal, not any basis, but just whether it's on 

appeal and what court; I think that's a question of 

fact which she can testify about. Of course, she 

may be in error about it but it doesn't really matter.

MR. KING: If Your Honor pleases, counsel

states in his place that it is on appeal; however, 

not to the Federal Court, but to the Superior Court 

of Dougherty County, Georgia.
THE COURT: In other words, she's simply a

layman and she misunderstands which court. All right.

Q Mr. Rawls: But nobody in Recorder's Court

told you that you were charged with sitting In the wrong 

place in that bus, did they?

A No.
Q And you were just simply charged with disorderly 

conduct In connection with the language that you were using 

there in the presence of the bus driver and the other 

passengers on the bus, Isn't that right?
A Well, the onliest thing they had was disorderly 

conduct.
THE COURT: Anything further from this witness?

MR. KING: We have no further questions.



163B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MISS PATRICIA ANN GAINES
witness called and sworn in behalf 
of the Plaintiffs, testified on 

DIRECT EXAMINATION
BY MR. HOLLOWELL:

Q Would you give your name and address for the 
record please?

A Patricia Ann Gaines, 619 Holloway.

Q Where do you live? You live In the City of 
Albany?

A Yes.

Q I will ask you whether or not you!ve had the 
occasion on recent date to visit any of the theatres in 
town?

A Yes.

Q Which theater was that?
A The Albany Theater.
Q The Albany Theater?

A Yes.

Q. Where is that located?

A It's on Jackson.

Q On Jackson Street?
A Yes.

Q Did you purchase a ticket?
A No, I started to,

Q You started to?
A Yes.

Q Where did you go to purchase the ticket?



164b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A I went to the front window.
Q To the front window?
A Yes *

Q Did you have the money with which to buy the 
ticket?

A Yes.

Q Well, why didn’t you buy it?

A Because the lady in the ticket booth told me 
that I had to go through the alley, to purchase a ticket.

Q Said that you had to go through the alley to 
purchase the ticket?

A Yes.

Q Did she say why?
A No.

MR. RAWLS: Now, if Your Honor pleases, unless
there’s some City connection with this transaction,

I would object to it and move to exclude the testimony 

because the theater is purely a private enterprise.

MR. H0LL0WELL: May it please the Court, I submit 
that the theater is a private enterprise but it comes 
under the control of the ordinances of the City of 

Albany and the ordinance of the City of Albany specifies 

that there has to be two lines for purchasing tickets, 
one of which will be used by Negroes and others by 

whites; and we are establishing what the policy is 
pursuant thereto.

THE COURT: You can’t establish the City



Hearing on Motion For Preliminary Injunction, Nos. 730* 731

policy by showing what some ticket seller said. You 

can!t establish the City policy that way, just like 
you can't establish it by what some taxi driver said, 

that he doesn't carry anybody but a certain race.

0 Mr. Hollowell: What did you do?

MR, HOLLOWELL; If Your Honor might reserve his 

ruling upon the matter, I think that there may be 

evidence which will come out in the matter.

Q What did you do when you were told that you 

could not purchase a ticket there and were told, did you say, 

that you had to go into the alley to purchase a ticket?

A Yes, she told me I had to go to the alley in order
to purchase the ticket.

Q Have you ever been into the alley to purchase a 
ticket before?

A Yes.

Q What ticket window is there?
A What you mean?

Q Is there a ticket window in the alley?

A Yes, you have to go up a few steps In order to
get to it.

Q Who uses that window?

A The colored people.

Q Have you ever seen any white people there?
A No.

Q Have you ever seen any Negroes purchasing tickets 
the front window?



166b

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A No.

Q, What did you do when you were told to go to the
alley?

A I ax’ed her why did I have to and she told me

that because they didn’t sell Negroes tickets at the front
window.

Q I see. Now, what did you do then?

A I didn’t do anything, I stood there and I looked.
Q How long did you stay there?
A About a minute or so.

Q, Then, what did you do?

A I walked on.

MR. RAWLS: Now, If Your Honor please, I
object and move to exclude that testimony.

THE COURT: Counsel is not through with the
witness yet.

Q Mr. Hollbwell: Did you at any time during the 
Process of the time that you were there see any police?

A I think there was some on the corner, I’m not
sure.

Q Did you have any conversation with them?
A No.

MR. H0LL0WELL: No further questions for this 
witness.

MR, RAWLS: Now, if Your Honor please, I move

to strike from the record the evidence of the witness, 
inasmuch as It does not appear even remotely that any



167B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

City action was connected with this proposition, but 
purely a matter of a private enterprise regulating 

the customers that they would receive. She said no 

case was made against her and no arrest was made or 
attempted.

THE COURT: I sustain the objection. The
testimony is excluded.

MRa CHARLES JONES
witness called and sworn in 
behalf of Plaintiffs, testified

DIRECT EXAMINATION
BY MR* HOLLOWELL:

Q Your name is Charlie Jones?

A Charles Jones.
Q, Do you live In Albany, Georgia?

A I am residing in Albany, Georgia,

0. Mr. Jones, you testified In the case #727 concern­
ing having been arrested In the Trailways Bus Station, did 
you not?

A Yes.

Q Is that testimony, is the testimony as it’s in 
that record the same as you would relate now pertaining 
to the circumstances surrounding your arrest?

A Yes, As I recall, Counsel, there was no real 

testimony as to the facts surrounding the arrest In that 
case; so that, there would be some elaboration, if this 
ts what is desired?



168b

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Well, just indicate what happened?

A Charles Sherrod and myself on or about the 14th 
day of January, 1962, went Into the Trailway Bus Terminal 

here in Albany, Georgia, with the purpose of going out of the 

oity on the Interstate facilities. Before leaving we decided 

to use the restaurant to secure coffee and a sandwich. We 
entered the restaurant and sat down at the second table.

Upon sitting we were confronted by a gentleman we later 

learned to be the manager, who asked If we had interstate 

tickets, I replied we choose not to show tickets, to which 
he went and sat back down.

One of the waitresses brought an ash tray and 
then was told not to serve us. A policeman walked by the 

front of the restaurant and was summoned in by the manager. 

After a brief caucus he went back out and five minutes later 

Assistant Police Chief Lairsey and one other policeman came 
In and spoke, asked If we had tickets. I said "Yes, we 

chose not to show them", to which he said "Come with me."
We asked If we were under arrest and he said "Yes". He 

lidn11 know exactly what the charge was then but when we 
got to the station, we were charged with City Code of 

titering, which stated on the City streets or sidewalks.; 
and, of course, we were inside the Trailway Bus restaurant 
®hen we were arrested,

Q. Were you tried?

A No, when we were to have been tried, there was 
3otne discussion on the part of Chief Pritchett, City



169B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Attorney Rawls and the Judge was In the conference; and 

they decided that they didn’t have a case - now, this is 

hearsay, I didn't hear Grady Rawls say this but I think 
Attorney King did —

MR. RAWLS: Now, if Your Honor pleases, I

object to him quoting me saying something that he didn’t 
hear me say, whatever It was.

THE COURT: Yes, Mr. Rawls says enough that

everybody can hear to be quoted; so, let’s don’t quote 
him on anything that we don’t hear.

Q Mr. Hollowell: What happened? I think the 
record already shows, Your Honor, what Mr. Rawls said on 
that occasion. Just relate what did happen?

A The charges, the City charges were continued 
and State charges of trespass were taken and we were trans­
ferred to the County Court on a $400 cash bond.

Q Have you at any time been tried on that charge 
as yet?

A No, I still have some $200 cash dollars In the 
4ty coffers.

MR. HOLLOWELL: He's with you.

CROSS EXAMINATION 
BY MR. HILLIARD BURT:

Q Where did you say you lived?
A I didn’t,

Q Where do you live?

A Here in Albany at 623 Whitney Avenue.



170B

Hearing on Motion For Preliminary Injunction* Nos. 730, 731

Q When did you move to Albany?

A I moved to Albany in October of 19 6l.
Q From where?

A From Atlanta and then my home, permanent home, 
which is in Charlotte, N. 0.

Q What kind of business are you engaged in?
A I work with a gxoup called the Student Non-Violent 

Coordinating Committee, which is a group of students working 

in the hard core South in places like Albany, Georgia to 

attempt to desegregate public facilities, to confront the 

community with the problem of their own sickness as far 

as this area is concerned.

Q, What is your title?

A I am a Field Secretary of the Student Non-Violent 
Coordinating Committee.

Q, Where is the headquarters?
A The main headquarters is in Atlanta, Georgia,

135 Auburn Avenue, Northeast.
Q This incident you were referring to, I believe you 

said, happened in January?
A January, about - on or about January 12 or 14th.

Q, And you were going where?
A To Dawson, Georgia, where we were conducting a 

voter registration program.
Q And you were living in Albany at that time?

A Thatfs right at 214 Hobson Street, the home of

Mr. Jackson.



171B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

q You were living with one of the Plaintiffs?

A One of the Plaintiffs, yes.
q And where do you say you live now?

A 623 Whitney Avenue.
Q Who do you live with?
A The home Is owned by Mrs. Harris, Katie B. Harris. 

q You*re not married?

A No.
Q Do your activities require you to work each day 

for the CORE?
A %  personal commitment requires me to work each

day.
Q, What are you doing at this time?

MR. HOLLDWELL; Just a moment, there hasn't been 

any testimony that this man works for CORE. That's 

something that counsel has injected.
MR. BURT; Your Honor pleases, If that isn't

correct, he can correct it. He's the witness and he 

said that himself. He answered the question.

THE COURT: Well, I really don't remember the
name of the organization he first mentioned but he just 

said, in response to that, that he felt committed to 
work for the organization, but I don't know what organiza­

tion he meant. Maybe the witness will just clarify it.

A The Witness: I think the record will show that

%  response was, my personal commitment required me to work 

in whatever capacity I do but not with the organization that 

I was responding to.



172B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Q Who are you working with here in Albany?
A I work with the Albany Movement and with the 

Student Non-Violent Coordinating Committee, with the 

church and with any group that associates itself with the 

kinds of aims we!re concerned with.
Q When is the last time you’ve done some work 

for the Albany Movement?

A Today.
Q This morning?
A This morning, right now.
Q What were you doing for them?

A Testifying in a hearing.
Q I mean outside of court?
A This is part of the ansxver to your question.
Q Outside of court what have you done for them

today?
A Well, we've done some public relations with three 

students from England, who have come to observe this situa­

tion, two from Cambridge and one from Oxford; and some 
other students have come in to see the Albany situation and 

want to give them a picture of what Albany really is like; 
and this kind of activity, public relations with some of the 

ministers that have come in, attempting to allow them to see 

what is really going on from our position, and this kind of 

thing.
Q Do you receive contributions from the Albany Move­

ment?

A No.



173B

Hearing on Motion For Preliminary Induction, Nos. 730, 731

q Do yon plan to be a permanent resident here in 

Albany?
A That depends on how long the City maintains the 

particular system that we are concerned about.
Q But you're here at the pleasure of the Albany 

Movement9
A I'm here at my own instance.

Q But at their request?
A Mo. We came in, as you recall, back in October 

and helped form the Albany Movement,
0 Oh, you helped form the Albany Movement?

A Yes, for the record, yes.

Q Who did you first contact?
A The first contact, I think, was Slater King,

Dr. Anderson, Attorney King, Mrs. King, Rev, Gay, Rev. Wells, 

Bo Jackson, who we were living with at that point,
Q What was you all's purpose? Were you going to 

achieve desegregation by demonstration?
A Well, of course, our basic commitment is to 

achieve the desegregation or the outward manifestations, 

the elimination of outward manifestations of segregation and 

discrimination, and also the causes, the attitudes, that 

maintain these practices. And,.of course, we are accustomed 

to using any and all constitutionally guaranteed means, 

protests being one, litigation being one.
Q Which is your first choice, litigation or protest?



174b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR. HQLLOWELL: May it please the Court, here 

again we're getting back into the same kind of tiling 

that we had on the other witness, what choice is 

superior has priority, which is of no moment; and 

this whole line of questioning Is irrelevant and 
Immaterial.

MR. BURT: Your Honor please, I am trying to
cross-examine the witness about their procedures, 

which is superior. The witness has stated his opinion 

but I wanted to ask him about their procedures In 
going about and achieving their goals.

THE COURT: Well, he’s testified that they
used protests and demonstrations and litigation.
That’s already in the record. I don't think it’s 

proper to ask him which he prefers and such as that.
I think it’s an improper sphere.

MR, BURT; May I ask him about this case,
what activity he had?

THE COURT: Yes, you can ask him If he has any
connection with this litigation.

MRS. MOTLEY: Your Honor, excuse me, may I
ask this attorney to stand back here. He sort of 

blocks my view and I can’t hear the witness.
THE COURT: Yes.

Q Mr. Burt: When did you first learn of the
complaint being filed in the District Court with reference 
to desegregation here In Albany?



175B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR. HQLLOWELL: Now, may it please the Court,

I call the Court's attention to the fact that this 

was gone into very extensively in case No. 727, the 

time that he was served and all of this, I think, 

came out.
THE COURT? I think probably, if I understand

counsel's question, it relates, not to 727 but to this 

case.
MR. HQLLOWELL: To this case only?

MR. BURT: That's right.
MR. H0LL0WELL: Then, I will withdraw my objection.
THE COURT: Well, you say to "this case" but

the witness now understands you are referring to the 

suit brought by Dr. Anderson and others -
MR. BURT: For desegregation in the City of

Albany.
A The Witness: I first learned about it in

Atlanta when we were trying to get Attorney iang back to 

Albany to file this before the City had a chance to file 
in the State court an injunction similar to the one they 

filed in the Federal Court, which was vacated.
q Mr. Burt: Let me see if I understand you:

You all were trying to get this suit filed before the Caty 

of Albany could file an injunction in the State court?

A Yes.
Q Where did you hear that?

A Counsel.



176B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731 

Q, Where?

A Counsel, our counsels, all of these that are 
representing us here.

Q. Where were they when they told you that?

MR. HOLLOWELL: If it please the Court, I 

submit that it would be of absolutely no moment, when 

he first learned that the case had been filed. He is 

not a party to the case, he is a mere witness to the 

case; there was nothing in the direct examination 

relating to any such matter, and I submit that it is 

still immaterial, it is Irrelevant and it is of no 

moment.
THE COURT: The testimony that we have so

far, I have interpreted as simply trying to see what 

connection he had, if any, with this suit. Now, questions 
like "where were you when you heard about it", I don't 

see the materiality.
MR. BURT: Your Honor* please, I am trying to

see —
THE COURT: In other words, if you want to

develop whether he has any connection with this suit, 

that's all right.
MR. BURT: I would also like to see if I may

Your Honor or try to see what information this witness 
has about who has actually brought about the filing of 

this suit, if he has any information about that, and 
whether or not these Plaintiffs have voluntarily come 

into court and filed suit, or whether he knew about it



177B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731 

before they did.

THE COURT: He's not a Plaintiff, Is he?

MR. HOLLOWELL: He's not a party and It wouldn't 

make a bit of difference.

THE COURT: He's not a party and as Mr. Hollow-

well says, that would not make any difference in the 

case one way or another when he heard about It. Now,

If he has any connection with this case, if he has had 

any part in the filing of the suit and all of that, 

that would be material: but since he's not a party, let's 

don't go far-afield into It.
Q Mr. Burt: All right, what connection,

directly or Indirectly, have you had with the filing of 

this complaint; that's 730, with reference to desegregation 

in the City of Albany?
A I’ve had no direct connection in the filing of

this.

Q Indirectly?

A No connection, only in that I am very passionately 
concerned about the outcome of It and, of coui’se, concerned 

about It being heard. More than this, I couldn't say directly 

°r indirectly any connection.

Q That's all.

THE COURT: All right, anything further for

this witness?

MR. HOLLOWELL: You may come down.



178b
Hearing on Motion For Preliminary Injunction, Nos, 730, 731 

MISS OSIE LeVERNETTB WILSON
witness called and sworn in behalf 
of the Plaintiffs, testified on

DIRECT EXAMINATION
BY MR. C. B. KING:

Q Will you state your name for the record, young
lady?

A Osie LeVemette Wilson.

Q Where do you live?

A 607 South Monroe.

Q 607 South Monroe?
A 607 South Monroe Street, Albany, Georgia.

Q Would you indicate whether or not you had an

occasion on or about the middle of i960 to attend the
showing of a movie at the Albany Theater?

A Yes.

Q Will you indicate what happened on the particular
occasion in question?

A Well, on this particular night, the movie "Gone
With the Wind" was showing and we attempted to attend this 

Wovie. We entered at the colored entrance, purchased 
tickets and proceeded up three flights of stairs and 

Were seated. While waiting for the movie to begin, we 

were asked to move to the rear of the movie by colored 
employee of the Albany Theater,

MR. RAWLS: Now, if Your Honor pleases,
unless It appears in this case that there was City 
connection, that would be wholly irrelevant.



179B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR. KING: If Your Honor please, counsel
proposes to have this witness connect it and I would 

respectfully request the Court to reserve a determination 
until the witness concludes.

MR. RAWLS: Well, of course, if the alleged

discrimination by the operator of the theater doesn’t 

have any connection with the City, It xvouldn't be relevant.

THE COURT: Yes, I gather from what Counsel

King has stated that he intends to shew the City’s

connection ivith it in some way. If he does not, it 

will be excluded.

Q, Mr. King: Would you continue, young lady?

A After being asked to move to the rear of t he

movie by the colored employee, we, of course, asked why 
and he stated that he wanted us to move In order that white 

patrons might be seated; and we refused, because we had gone 
to the movie and had sat in the area they had designated for 

colored people; so, we saw no reason why we should move and 
let white people sit.

Therefore, another employee of the theater, 
a white employee .this time, asked us to move and we again 

refused. Then, the manager, George Eitel, came to me and 

asked us to move and we again refused. So, he told us 

to leave the movie. So, we asked would we get a refund 

if we were to leave the movie, and he said yes.

We went downstairs and we, of course, got our 
refund. We left the movie and after this, my brother, Eddie



180B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

Wilson, went to the Owner of the movie, I think it's Mr. 

Gortatowsky.
Q Gortatowsky, is that it?
A Yes. He went to his home and request for a 

conference with him. At the time he wasn't in, so some 
of his relatives told us that he would be in his office that 

Monday Morning at 9 o'clock.
Monday Morning at 9 o'clock we went to the 

Principal of our high school, Mr. Melvin Heard, and requested 

permission to attend this conference. Permission was 

granted and we, therefore, went to the office. When we 

arrived at the office, his receptionist told us that he 

wasn't in, to come back about 12 o'clock. We went back to 

school and received permission to again attend this confer­

ence at 12;00. Permission was granted. We went back and he 

was in at this time.
Q Where Is his office located, young lady?

A It's in the Albany Theater building on South 

Jackson.
Q All right, you did go?

A Yes.
Q All right, go on?
A As we were going to his office by way of the

white entrance, we noticed that other school-mates had 

congregated; so, we turned around and told them to conduct 
themselves in an orderly fashion while we were in the 

conference and they agreed to do so, and they were very 

orderly.



l8lB
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

So, we were having this conference and we were 

discussing what took place. And the Manager, George Eitel, 

told us he had the right to seat us anywhere he so desired, 

and that he could segregate us by any means which he felt 

was necessary, a rope or a chair or what have you. And during 

this conference Chief Pritchett came in, and he took a seat.

Q Would you care to identify Chief Pritchett?

Is this the Chief of Police of the City of Albany?

A Yes.

Q All right, go on?
A And he came in and he took a seat. And we continued 

with our discussion. And by this time he had recognized ray 

brother, Eddie Wilson, and he made the statement, "if 

your father knew that you were here, Eddie, he would take 
a 2x4 and strap you good," And after this statement, Mr. 

Goi’tatowsky said "Yes, Boney" - his name.
Q Now, Mr. Gortatowsky, this is the manager or 

owner of the theater?

A Yes.
Q, He said what?

A He said, "Yes, Boney is a good darkey." You see, 

Boney is the name they call my father.
Q, Boney Is the affectionate characterization of 

who was it?

A %  father.
Q, Your father?
A Yes. After Mr. Gortatowsky made this statement, I



182B

Hearing on Motion Bor Preliminary Injunction, Nos, 730, 731

wondered why he called him a darkey; and my brother said,

"This is just the name that he refers to all colored people 

by,” So, I accepted it on that ground.

Q Then, what happened after that?
A Well, after that Chief Pritchett, this is Chief 

af Police of Albany, said that we were under arrest. Mr. 

Gortatowsky said "these people haven't done anything wrong, 

then, why are you arresting them?" He said "They're under 

arrest anyway." At that time we left the Theater and went 

down to the City Hall. While there they asked our names and 

addresses and reported on a sheet of paper "we best cooperate 

with them in giving our nams".
After a while the Principal of the High School,

Mr. Heard, came in the City Hall, and Chief Pritchett called 

him to his office. Later on they called my brother, Eddie 

Wilson, into the office. And I guess, I assume rather that 

they had a conference in the office. After my brother and 

Mr. Heard left the office, we went back to school and assumed 

our duties at school.
Q But Chief Pritchett did indicate to you that you 

were under arrest?
A Yes, he made the statement "You are under arrest".

Q And responsive to the statement, you went with him 

to the Police Station?

A Yes.
 ̂ Just one other question I would like to ask her;

It is your testimony that this did take place on or about 

the 15th of November, i960?



183B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

A Yes.

THE COURT: '60?
The Witness: Yes.

CROSS EXAMINATION

BY MR. BURT:
Q Did you state whether or not you were arrested 

and charged ?
A We did not enter a jail cell, if that's what 

you’re indicating, no.
Q, Was any case made against you?
A We did not have to mefest court at any time, sir.
Q As a matter of fact, the Principal of your

school came and got you all at the police station, did 

he not?
A That’s right.
Q Do you know whether or not he had called Chief 

Pritchett to hold you all until he got there?

A No, I do not.
q But you all didn't have permission to be away 

from your school that morning?
A Yes, we had permission.

Q When did you obtain that permission?
A Well, since this was Monday morning, we, of course, 

had to obtain it Monday morning. You see, the incident occurr­

ed on Friday and the next school day was Monday; therefore, 

we had to receive permission on Monday morning.
Q Why did the Principal come down there to pick you 

all up?



184b

Hearing on Motion For Preliminary Injunction, Nos. 730*731

MR. HOLLOWELL: Objection, Your Honor.

MR. BURT: If she knows.
MR. HOLLOWELL: He's asking why the Principal 

did a certain thing. This would be certainly a matter of 

opinion.
THE COURT: Well, if she knows. I think

she's already testified that the Principal did come 

down there and, if she knows why he came, I think 

that would be part of the story.
MR. HOLLOWELL: If in fact she knows but there's 

been no foundation Indicating that she did know why he 

came.
MR. BURT: Well, she can answer.
THE COURT: Maybe we should ask her: Do you

know why the Principal came?

A The Witness: No, I don't.
q Mr. Burt: He did come down there?

A Yes.
q And took you all back to school?
A After going to the Chief of Police's office, yes.

Q, And you went back to school?

A Yes.

BY THE COURT;
Q With the Principal? The Principal came down and 

you went back to school with the Principal; is that the way 

it was?
A Well, after he told us that we were released,



Hearing on Motion For Preliminary Injunction, Nos, 730, 731

we .went back to school in a car.
Q I'm a little confused about the situation myself:

Was there any case of any kind made against you? Were you 

given any summons of any kind to come to court?

A No.

Q No case of any kind?

A No.

BY MR. BURT:
Q Did you know that the Principal had called the

Police Chief looking for you all?

A No, I didn't.
Q He didn't say that when he got to the Chief of 

Police’s office?
A He did not say anything to us until after he had 

left the Chief of Police's office, and told us we were —
Q But he took you back to school and that's where 

you went?

A Yes.
Q You all went back to school?

A Yes, we went back to school.

MR. BURT: 

THE COURT: 

MR. KING: 
THE COURT: 

MR. BURT:

That's all.
Anything further for this witness 

Nothing further.
You may go down.

Now, if Your Honor please, the

Defendants insist on their objection to this witness'
testimony, since she was not in fact charged with any



186b
Hearing on Motion For Preliminary Injunction, Mos. 730, 731

crime and it would be a situation between a private 

company and not the City of Albany. We move to exclude 
it on the ground that it would be irrelevant and 

immaterial and incompetent testimony.

THE COURT: Well, I think my ruling will be

satisfactory. I think that, since the Chief of Police 

came into the picture and since the witness testified 

that the Chief said that "you're undei5 arrest", I think 

that makes enough connection officially with the City to 

admit the testimony; and the Chief, of oourse, can, 

if he wishes, take the stand and explain it.

MR. BURT: Yes sir, he will deny that.

THE COURT: But I overrule your objection
to the testimony of the witness.

MR. HOLLOWELL: Dr. Anderson is back. I understood 
that they wanted to question him further; and In that 

connection, if they wish to question him now, he could 
be put on and then go on his way, Your Honor.

THE COURT: Did you want Dr. Anderson back?

MR. BURT: Yes, may I ask him about two
questions, Your Honor?

THE COURT; Yes.

DR. W. G, ANDERSON
a party Plaintiff and witness for 
Plaintiffs, duly sworn, being recalled 
by Defendants, testified further on

RECROSS EXAMINATION



187B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR. BURT: I would like to ask the Reporter

if he could find for me the questions I asked the 

witness concerning his knowledge of Mr. Ralph McGill.

THE REPORTER: (Reading): "Question: Are you

familiar with Editor Ralph McGill? Answer: I have 

read many of his editorials. I don't know him personally. 

Question: You do not know him personally? Answer: No 

sir. Question: You do read his editorials: Frequently, 

yes sir.)" (See page 247 of transcript)

BY MR. BURT:
Q Do you recall testifying back on August 2-3 of 

this year in Civil Action #727, you were asked the question 

on page 785, "You know Mr. McGill, of course? Answer:

Quite well, I'm proud to say."?
A Yes, of course, this does not necessarily mean 

by personal contact. In fact, I know Shakespeare quite well.

He was dead long before I was born but I know him quite well 

through his xrorks-. I know Mr. McGill quite well through 
his editorials. I don't know him personally.

Q But you did not make that statement at that time?

A I don't know whether it was asked for a qualifi­

cation whether I knew him personally.
Q You recognize you made the statement that you 

knew him quite well in this #727, "I know Mr. McGill quite 

well, I'm proud to say"?
A Well, of course, likewise the question,, how about 

the Southern Regional Council and so forth, these organiza-



188b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

tions and individuals I know through their reputation as 

organizations, through their works and publications; and 

Mr. McGill I know similarly quite well, through his editorials. 
I just said I don't know him personally.

MR0 BURT; That's all.

THE COURT: You may go down.

MR. HQLLOWELL: May it please the Court, WE REST.
But before doing so, I think we had better put in our 
exhibits, Counsel:

PLAINTIFFS' EXHIBIT #1, being the minutes of 
meeting of The Albany Movement, November 17, 19 6 1.

MR. RAWLS: Now, if Your Honor pleases, if

this document Is being offered in evidence to sustain

the contention that a petition has been made to the 
City Commission concerning certain matters, we would 

certainly object to it as evidencing any petition, 
because it's anything except a petition.

THE COURT: Well, the document will speak for
itself. I notice that counsel and witnesses have used 
different terms in referring to it; but is there 

objection to It as a document, regardless of what 
counsel may call it.

MR. RAWLS: No sir, It has been identified.
THE COURT: Is that the Plaintiffs' No. 1?
MR. HOLLOWELL: Yes sir.

THE COURT: You're offering it at this time?
MR. HOLLOWELL: Yes sir.



189B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: It Is admitted. (P-l)

MR. H0LL0WELL: PLAINTIFFS' EXHIBIT No. 2, which 
Is a certified copy of ordinances of the City of Albany.

MR. RAWLS: Now, if Your Honor pleases, my

recollection is that during the proceedings in Civil 

Action No. 727, counsel offered these documents with 

the consent of the other side and read these ordinances 
from the City Code without any objection, and with the 

stipulation that they are ordinances which are still In 

effect in the City of Albany.
Now, the only objection that I would offer, if I 

offered any, I will say this that it duplicates the 

record if we consider they were offered in #727-. because 
we concede that these are the same ordinances which were 

read into the record In that case.
MR. H0LL0WELL: I believe they are, Mr. Rawls, 

but I offered the others by reading them out of the 

Code and they have different code sections, whereas 

these are the actual ordinances as taken from the 
minutes; and, therefore, I would have to compare them 

to be sure that they were exactly the same; but we 
submit these as certified copies of the particular 

ordinances which these instruments represent.

MR. RAWLS: In that connection, Your Honor,
we concede that they are, that this is a certified copy 

of the document because it has the City seal and the 

City Clerk's signature.



19 OB

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

MR, HOLLOWELL: We want to enter it In this case, 
Your Honor.

THE COURT; Allright, It is admitted. (P-2)

MR. HOLLOWELL; P-3 is certified copy of the 

ordinance, Sections 1 and 2, signed also by Mrs. Huckaby 

the Clerk of the City of Albany.

MR, RAWLS; Now, if Your Honor pleases, I

believe the same thing transpired with reference to 

this particular ordinance, I think the Code section 

with reference to requirement of "white" being printed 

on the taxicabs, I think and I ’m rather sure that that 
Code Section which relates to this ordinance was 

read in the record and, of course, this would just 
be duplication.

THE COURT; Mr. Rawls, my recollection Is
that counsel —  and counsel can help me about it —  

because it is all a matter of recollection -- I think 

those ordinances were offered in #727 and I believe 
that I excluded them. I think counsel offered them at 

the end of counsel’s presentation and I ruled that 

they would be immaterial in that case.

MR. RAWLS: Well, I withdraw my objection.
THE COURT: I believe that is what happened.

So, I admit - what was your number there, Mr. Hollowell?
MR. HOLLOWELL: This was Plaintiffs’ Exhibit #3 sir.

THE COURT: In any event, to avoid any possi­

bility of that having happened, I admit them in this



191B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

case, In connection with this case, CA-730. (P-3)

MR. HOLLOWSLL: ¥e tender PLAINTIFFS' EXHIBIT 5 - 
I will get to #4 In a moment, Your Honor - which is 

a summons on Ollie Luton, which was identified by him 

In this court in connection with arrest for violation 
of the taxi ordinance.

MR. RAWLS: Now, If Your Honor pleases, this

P~5 looks like a summons to the City Recorder's Court 

and, of course, that doesn't indicate that the man was 

actually tried for that offense. It just means that he 
was summoned for that offense. And P-6, which is tender­
ed along with it.

MR. HOLLOWELL: Well, I am only speaking of P-5
now.

MR. RAWLS: I'm objecting to P-5 upon the
ground that the summons does not necessarily indicate 

that the man was actually tried. Of course, the Court's 

docket entry would be the highest and best evidence.

THE COURT: May I see that, Mr. Hollowell?

(P-5 handed to the Court) . . .  My recollection of the 
witness' testimony was that he was given a summons by 

a police officer of the City of Albany, and he had 

this in his hand and he said "this is the summons",
"this is the summons that I was given". And then he 

said that he went to court and was tried and paid a 

$17 fine, I believe he said. I don't recall what his 
testimony was specifically on cross-examination, if he



19 2B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

was asked the question whether he was tried for this 

offense or not. I don't remember,

MR. RAWLS: Now, Your Honor, the next document -
THE COURT: But he did Identify this as being

the summons given to him by a police officer of the 
City of Albany, and I admit It. (P~5),

MR. RAWLS: Now, if Your Honor pleases, P-6,
which was tendered along with that P-5, shows that he 

did not pay a fine, that he just put up a $17 bond,* so, 
that contradicts what the witness said about what 
happened in this court.

THE COURT: May I see that, Mr. Hollowell?
(P-6 handed to Court) . . .

MR. HOLLOWELL: May It please the Court, If I 
might refresh the Court's recollection, as I recollect 
it, the man said that his lawyer took cane of it for 

him. That merely reflects the amount of money of the 

bond. And this further substantiates the fact that he 

was arrested and that there was this summons given 
and this was the amount of the bond that he paid on 
that occasion.

THE COURT: Yes, this receipt itself indicates
that it was for a bond. It so Indicates down In the 

left-hand corner. I admit It. (P—6)
MR. HOLLOWELL: That Is P-6, the receipt,

THE COURT: It is admitted.

MR. HOLLOWELL: Now, P-4, which is a response to



193B
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

the leaders of the Albany Movement, which I think the 
record shows, the testimony was to the effect that it 

had been signed on the original and I think perhaps for 

the record we would need to indicate that there was 

also testimony that the last line and part of the next 

to the last line in the next to the last paragraph had 

been stricken in the original instrument.
THE COURT: I think I remember that.
MR. RAWLS:

that.
I don’t have any objection to

THE COURT:
(P-4)

That Is admitted without objection

MR. BURT: Your Honor please, could we just
mark that in brackets, what we are talking about deleting 

THE OOURT: Yes. But first, is there any
objection on the part of counsel for Plaintiffs to
counsel striking 
deleted.

through the one sentence that was

MRS. MOTLEY: Yes, Your Honor, because the Mayor
said he didn't know about that being deleted. I asked 

him about that. That was counsel's testimony and not the
witness'.

THE COURT: 
recall?

The witness said he couldn't

MRS. MOTLEY: That's right.

MR. RAWLS: Is that right, Mr. Kelley?



Hearing on Motion For Preliminary Injunction, Nos. 730, 731

THE COURT: I don't remember what he said.
Maybe counsel can agree.

MR. HOLLOWELL: Well, if it hasn't been officially 

done, then I think it will have to go in for what it is,

THE COURT: I remember myself asking the

question, is it the sentence In relation to the quota­
tion from Emerson, but I don't remember whether I was 

asking that to be sure of what should be stricken or 
whether I did it for some other purpose.

MRS. MOTLEY: And I immediately thereafter, as
I recall, asked him whether that was so; I asked him 

who had written it and he didn't know; and I asked him, 

therefore, if that was stricken, and he said he didn't 
know anything about it.

THE COURT: Suppose we do this: Let’s admit
It without any alteration for the moment and, If counsel 

wish to do so, they can check the record to see exactly 
what was said there and, If Mrs. Motley's recollection 
of it is not correct, we can straighten it out. But for 
the moment let's admit it without alteration.

I wish to make it clear in connection with the 
admission of the summons, Mr. Rawls, which I admitted 
over your objection, that I was not Indicating that I 

was taking that summons as proof that that was what the 
party was tried on; but I was taking that as proof of 

what he was charged with at the time that he was issued 
the summons. If the City Police record indicates



195B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

something different, of course, that would be a matter 

for you to offer proof in rebuttal. But it is admitted 
as the summons which he was given by the police officer 

of the City.

MR. RAWLS: And the matter of what he was

prosecuted for would be amatter of proof whenever 

we get to our side of the case?

THE COURT: Oh yes. And if that varies, If

the record varies from that, you could, of course, 

introduce that evidence. But it 3s admitted as having 
been identified by the witness as the summons which he 

was given by the policeman.

MR. HOLLOWELL: Plaintiffs' rest, Your Honor please.

MR. RAWLS: Do you rest?

MR. HOLLOWELL: Yes.

PLAINTIFFS REST

MR, RAWLS: Now, If Your Honor pleases, we
have, let's see, we have the Mayor and six Commissioners 

and we may recall Chief Pritchett for some further testi­

mony, which I Imagine will be right extensive. It's 

now 5 minutes to 5:00, the hour of adjournment; would 

you like for us to start now?

THE COURT: Well, since It is only 5 minutes
until our normal adjourning hour, I can see no particu­

lar advantage in putting a witness on and having him 
do very little more than identifying himself. So,



196b

Healing on Motion For Preliminary Injunction, Nos. 730, 731

suppose we do adjourn at this time.

Now, I know what is in counsel's mind on both 

sides and in the minds of all the parties, as to when 

we will resume. The situation is - the letter which 

I originally wrote counsel earlier this month, when I 

was suggesting the earliest possible date, mentioned 
something about the situation. The only variation from 

what I said in that letter and the sirtation as I know 

it at the moment is that the Court will be involved 

somewhat longer in pre-trial conferences here In Albany 

the fixu t part of the week of September 24 than I had 
thought, as I have been over the calendar with the 

Clerk this afternoon, and there are a good many more 

civil cases to be pre-tried than I had anticipated, 

an unusually heavy civil calendar.

In my letter I had. Indicated that we could 
probably conclude the pre-trial conferences In a 

day and a half. I believe that's what I estimated, 
which was just a pure guess. Obviously, it's going 

to require more than that. But it also seems to be 

clear that we can during that week, as I originally 
indicated, we can pick up this hearing again at that 

time and conclude it at that time.
In other words, I cannot, because of the state 

of the civil calendar and the large number of pre­
trial conferences that I'm going to have to have, I 

cannot state with definiteness which day of that week



19 7B

Hearing on Motion For Preliminary Injunction, Nos. 730, 731

we will resume. All I can say at the moment is that 

it is my plan to resume immediately following the 
conclusion of the last pre-trial conference which I 

will have to have the first part of that week.

So, that is the situation. The Court will com­

municate with counsel as that time approaches and 

as we can see more clearly what particular day can be 

suggested for the conclusion of this hearing.

MRS. MOTLEY: May it please the Court, I x̂ as
wondering whether there was any possibility of our 

concluding this hearing or continuing it tomorrow?

THE COURT: No, there is not. Not only the

Court itself but some of the court personnel are other­

wise obligated for tomorrow.

MRS. MOTLEY: Well, is there any chance of
resuming this the day after Labor Day or something 

like that?
THE COURT: No, as I explained in my letter

to you, I convene my regular term of court in Columbus, 

Georgia, on Tuesday Morning at 9.30 following Labor Day. 
That is set by statute, and that is the regular term of 

court; and we anticipate being engaged in that term of 

court three weeks. The earliest possible day we can 

resume is the time that I just mentioned a moment ago.
MRS. MOTLEY: Well, I would like to then make

this motion, that in view of the testimony that has 

been presented and introduced here today, we would like



198b
Hearing on Motion For Preliminary Injunction, Nos. 730, 731

to move the Court for an injunction, enjoining the 

Defendants from continuing to operate the public parks 

and the public library and the other matters that we 

have referred, to in our complaint on a racially segre­
gated basis.

I think from the testimony so far introduced, it 

is clear that the Plaintiffs are entitled to a preliminary 

Injunction; and, we would, therefore, move the Court at 
this time, on the basis of the testimony in this case 

and in #727, which I understand Your Honor is considering, 

that the Court Issue a preliminary injunction, enjoining 
the continuation of racial segregation in the public 

parks and the public library and the enforcement of the 
three City ordinances which are now in evidence.

THE COURT; All right, the Court denies the
motion. Me stand adjourned now until the Court 

notifies counsel of the resumption of the hearing.

HEARING RECESSED; 5;00 PM AUG. 31, 1962



198 B-A

NOTICE OF DISMISSAL 

(filed September 21, 1962)

Please take notice that the defendants' motion for more 

definite statement is hereby dismissed.

This 2 1 st  day o f  Septem ber, 1962 .

H. G. RAWLS 
H. P. BURT 

FREEMAN LEVERETT 
EUGENE COOK

BY:
Defendants' Attorneys